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AUGUST 12, 2008 MINUTES I I CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYORMEYERA E. OBERNDORF, At-Large vICE MAYOR LOUIS R. JONES, Bayside - District 4 IV1LLlAM R. DeSTEPH, At-Large HARRY E. DIEZhL, Kempsville - District 2 ROBHRT M DYER" Centerville - District J BARBARA !vi. HENLEY, Princess Anne District 7 JU,BA 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 ('I7Y MANAGER - JAMES K. SPORE UTY A 77'ORNEY - LESLIE L. LILLEY UTY CLERK - RUTH HODGES FRASER, MMC 12 AUGUST 2008 ]. CITY MANAGER'S BRIEFING -Conference Room - 2:00 P A. PEMBROKE AREA MASTER TRANSPORTATION PLAN Jason Cosby, Director, Public Works Bill Nash, Senior Vice President, Kimley-Hom and Associates, Inc. II. CITY COUNCIL LIAISON REPORTS HI. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION I I VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Clarence McPherson Pastor, Agape International Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS July 8, 2008 G. MAYOR'S PRESENTATIONS 1. KING NEPTUNE XXXV and HIS COURT Nancy A. Creech, President, Neptune Festival A. Resolution recognizing the Neptune Festival's Thirty-fifth Anniversary 2. MAGNA CARTA STUDENT AMBASSADORS 3. GFOA EXCELLENCE IN FINANCIAL REPORTING - "Certificate of Achievement" Patricia Phillips, Director of Finance H. AGENDA FOR FORMAL SESSION I. CONSENT AGENDA :1 It I I J. ORDINANCESIRESOLUTIONS 1. Resolution to APPROVE a Performance Contract for the Community Services Board with the State re funding for Mental Health and Substance Abuse (MHSA) services 2. Ordinance to GRANT a 90-day extension for satisfaction of conditions in closinJ[ a portion of Connie Lane for a variable width right-of-way (DISTRICT 4 - BA YSIDE and DISTRICT 2 - KEMPSVILLE) 3. Ordinance to TRANSFER the Residential Parking Permit program from the Resort Management Office/Parking Division to the City Treasurer and his operating budget 4. Ordinances to AUTHORIZE temporary encroachments into portions of the City's rights-of-way: a. LAUREL COVE CIVIC LEAGUE to construct and maintain a subdivision sign to include lighting and flag pole (DISTRICT 5 - L YNNHA VEN) b. WILLIAM R. and KAREN P. SCHONAUER to construct and maintain a boatlift on Lake Rudee at 2 Caribbean Avenue (DISTRICT 6 - BEACH) c. CHARLES LARRY and MARY F. POPE to construct and maintain a timber walkway and stairs for beach access at 560 South Atlantic Avenue (DISTRICT 6 - BEACH) d. GERALDINE R. CLARK to construct and maintain a pier and bulkhead at 2905 Sand Bend Road (DISTRICT 7 - PRINCESS ANNE) 5. Resolution to AUTHORIZE application for Virginia Department of Transportation (VDOT) $ I-Million Revenue Sharing for improvements re the Princess Anne RoadlKempsville Road intersection 6. Resolution REQUESTING Virginia Department of Transportation (VDOT) transfer $1- Million Revenue Sharing from the Lynnhaven Parkway, Phase IX, to the Princess Anne Road - Phase IV project 7. Ordinances to ACCEPT and APPROPRIATE from the Virginia Department of Transportation (VDOT): a. $1.5 Million Highway Safety Improvement (HSIP) Grant re bicycle and pedestrian safety improvements b. $1.6 Million Highway Safety Improvement (HSIP) Grant re improvements to high-accident locations ii :1 I II II II ~ c. $1.9 Million Grant re intersection improvements d. A supplemental Grant re a Water Transportation Exhibit at the Lynnhaven House Colonial Education Center (CEC) I I 8. Ordinances to ACCEPT and APPROPRIATE re Human Services: a. Funding for Mental Health Law Reform and Child and Adolescent services b. A Grant from the Governor's Office for Substance Abuse Prevention for Families and Schools re children at-risk K. PLANNING 1. RECONSIDERATION of the application for NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC. re the Modification of Conditions (approved by City Council on November 23, 1993, in behalf of Donald G. Pratt and denied May 6, 2008) at 2244 General Booth Boulevard (DISTRICT 7 - PRINCESS ANNE) DEFERRED RECOMMENDA TION JUL Y 8, 2008 APPROVAL 2. Applications for Modification of Conditions: a. NEW FAITH CHRISTIAN FELLOWSHIP (approved on January 11,2005, as Miracle Temple Worship Center, Inc.) re an increase in days and hours of operation, the number of people who may attend and the square footage used at 3900 Bonney Road, Suite 113 (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPROV AL b. WAL-MART REAL ESTATE BUSINESS TRUST (approved on December 5, 2000 and August 5, 2003) re tire storage at 1149 Nimmo Parkway (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROV AL c. VICTORY BAPTIST CHURCH (approved on December 8, 1998) re movement of an existing dwelling unit to the property at 4125 Indian River Road (DISTRICT 1 - CENTER VILLE) RECOMMENDATION: APPROV AL 3. Applications for Conditional Use Permits: a. MARCUS HOLMAN re home occupation (photography) at 920 Cardinal Road (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPRO V AL I l b. RICHMOND 20 MHZ, LIC (t/a Ntelos) re communication tower at 5817 Wesleyan Drive (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL I I c. NEW CINGULAR WIRELESS PCS, L.L.c. (tJa AT&T) re communication tower at 109 North Birdneck Road (DISTRICT 6 - BEACH) RECOMMENDATION: APPROV AL d. CENTERVILLE BINGO, INC. re a bingo hall at 1920 CentervilIe Turnpike (DISTRICT 1 - CENTERVILLE) RECOMMENDATION: APPROVAL e. MARYANNE GRADO (t/a Cosmo's Corner) re commercial kennel (dog daycare and training) at 505 Central Drive, Suites 101-102 (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL f. SANDRA K. SAWYER (t/a Sandy's Angels Daycare) re in-home daycare at 5621 Parkland Court (DISTRICT 1 - CENTERVILLE) DEFERRED RECOMMENDATION JULY 1,2008 APPROVAL g. CHECKERED FLAG MOTOR CAR CO., INC. re motor vehicle sales and service at 5070 Virginia Beach Boulevard. (DISTRICT 4 - BA YSIDE) DEFERRED RECOMMENDATION JUL Y 8, 2008 APPROV AL 4. Application of DAVE WILSON for the expansion of a Nonconforming Use at 109 53rd Street an existing garage apartment. (DISTRICT 5 - L YNNHA VEN) DEFERRED RECOMMENDATION JULY 8, 2008 APPROV AL 5. Application of WELDEN FIELD OF VIRGINIA, L.L.C. for a ChanJ!e of Zoning from 1-1, R- 5D and 0-2 to Conditional R-7.5 with a PD-H2 Overlay re developing single-family dwellings and townhomes at Regent University Drive and Jake Sears Road (DISTRICT 1 - CENTERVILLE) DEFERRED RECOMMENDA TrON APRIL 22, 2008, MAY 13,2008 and JULY 8, 2008 APPROV AL I I L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION BEACHES AND W A TERW A YS COMMISSION COMMUNITY MEDICAL ADVISORY COMMISSION DEVELOPMENT AUTHORITY HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE WETLAND'S BOARD WORKFORCE HOUSING ADVISORY COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** COMMUNITY CONVERSATIONS AUGUST 21, 2008 at 7:00-9:00 PM CONVENTION CENTER ******************* CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER Agenda S/12/0Ss! www.vbgov.com I I III I - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 12,2008 Vice Mayor Louis R. Jones called to order the City Council Session for the AGENDA REVIEW in the City Council Conference Room, City Hall, on Tuesday, August 12, 2008, at 4:55 P,M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Absent: Mayor Meyera E. Oberndorf [Entered: 5:30 P.MJ Robert M Dyer [Entered: 5:30 P.MJ James L. Wood [Entered: 5:28 P.MJ Mayor Oberndorf and City Council Members were attending the funeral of Detective Michael S. Phillips, killed in the line of duty, Thursday, August 7, 2008. The Funeral was conducted at Rock Church, 1:00 P.M, August 12, 2008, followed by interment at Rosewood Memorial Park. The City Manager's Briefing re the Pembroke Area Master Transportation Plan was RESCHEDULED to City Council's Workshop, Tuesday, August 19,2008, at 4:00 P.M August 12, 2008 : I I I III, - 2 - AGENDA RE VIE W SESSION 4:55 P.M. ITEM # 57870 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Resolution to APPROVE a Performance Contract for the Community Services Board with the State refundingfor Mental Health and Substance Abuse (MHSA) services 2. Ordinance to GRANT a 90-day extension for satisfaction of conditions in closinf! a portion of Connie Lane for a variable width right-of way (DISTRICT 4 - BAYSIDE and DISTRICT 2 - KEMPSVILLE) 3. Ordinance to TRANSFER the Residential Parking Permit program from the Resort Management Office/Parking Division to the City Treasurer and his operating budget 4. Ordinances to AUTHORIZE temporary encroachments into portions of the City's rights-of way: a. LAUREL COVE CIVIC LEAGUE to construct and maintain a subdivision sign to include lighting and flag pole (DISTRICT 5 - LYNNHA VEN) b. WILLIAM R. and KAREN P. SCHONA UER to construct and maintain a boatlift on Lake Rudee at 2 Caribbean Avenue (DISTRICT 6 - BEACH) c. CHARLES LARRY and MARY F. POPE to construct and maintain a timber walkway and stairs for beach access at 560 South Atlantic Avenue (DISTRICT 6 - BEACH) d. GERALDINE R. CLARK to construct and maintain a pier and bulkhead at 2905 Sand Bend Road (DISTRICT 7 - PRINCESS ANNE) 5. Resolution to A UTHORIZE application for Virginia Department of Transportation (VDOT) $l-Million Revenue Sharingfor improvements re the Princess Anne Road/Kempsville Road intersection 6. Resolution REQUESTING Virginia Department of Transportation (VDOT) transfer $l-Million Revenue Sharing from the Lynnhaven Parkway, Phase IX, to the Princess Anne Road - Phase IV project August 12, 2008 I I II: - 3 - AGE N DA REV IE W S E S S ION ITEM # 57870 (Continued) 7. Ordinances to ACCEPT andAPPROPRIATEfrom the Virginia Department of Transportation (VDOT): a. $1.5 Million Highway Safety Improvement (HSIP) Grant re bicycle and pedestrian safety improvements b. $1,6 Million Highway Safety Improvement (HSIP) Grant re improvements to high- accident locations c. $1.9 Million Grant re intersection improvements d. A supplemental Grant re a Water Transportation Exhibit at the Lynnhaven House Colonial Education Center (CEC) 8. Ordinances to ACCEPT and APPROPRIATE re Human Services: a. Fundingfor Mental Health Law Reform and Child and Adolescent services b. A Grant from the Governor's Office for Substance Abuse Prevention for Families and Schools re Children At-Risk Council Lady McClanan ABSTAINED on Item J.5 (Princess Anne Road/Kempsville) and DISCLOSED and ABSTAINED Pursuant to Section 2. 2-3115 (G), Code of Virginia, She and her husband have an ownership interest in Kempsville Professional Center, Inc. This Corporation owns property located at 425 South Witchduck Road, near the intersection of Kempsville Road and Princess Anne Road. Council Lady McClanan 's correspondence of May 13, 2008, is hereby made a part of the record. Councilman DeSteph ABSTAINED on Item J.5 (Princess Anne Road/Kempsville). Councilman DeSteph advised he owns property on Princess Anne Road which is being expanded. Councilman Wood ABSTAINED on Item J.2 (CONNIE ONE, LLC). Councilman Wood DISCLOSED and ABSTAINED Pursuant to Section 2.2-3115(E), Code of Virginia; and, DECLARED he is a member of Connie One, L.L.c., which is located at 208 Ash Avenue, Suite 101, Virginia Beach, Virginia 23452, and he has a personal interest in the corporation, actually being one of the owners of the property. Councilman Wood's correspondence of May 13, 2008, is hereby made a part of the record. August 12,2008 I I ,jl , - 4 - AGE N DA REV IE W S E S S ION ITEM # 57871 KJ. RECONSIDERATION of the application for NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC. re the Modification of Conditions (approved by City Council on November 23, 1993, in behalf of Donald G. Pratt and denied May 6,2008) at 2244 General Booth Boulevard (DISTRICT 7 - PRINCESS ANNE) This item will be discussed in Formal Session. ITEM # 57872 K.2.b, Modification of Conditions: WAL-MART REAL ESTATE BUSINESS TRUST (approved on December 5,2000 and August 5,2003) re tire storage at 1149 Nimmo Parkway (DISTRICT 7 - PRINCESS ANNE) Councilman Diezel inquired re the volume of tire storage, Council Lady Henley advised this would involve new tires. ITEM # 57873 K3.a. Conditional Use Permit: MARCUS HOLMANre home occupation (photography) at 920 Cardinal Road (DISTRICT 5 - LYNNHA VEN) Karen Lasley, Zoning Administrator, advised the Use Permit for home occupations allows one employee (outside of the family) to be there at a time. However, this is a heavier accessory use than a normal home occupation. The Conditional Use Permit allows for two (2) employees, but they could not be there at the same time. Steven White advised the applicant is aware of the conditions re the employees, (Council Lady Wilson advised she and Councilman Wood did not foresee any problem, Unless there are speakers registered, this item will be on CONSENT. ITEM # 57874 K3.d. Conditional Use Permit: CENTERVILLE BINGO, INC. re a bingo hall at 1920 Centerville Turnpike (DISTRICT 1 - CENTERVILLE Councilman Villanueva does not believe this is an appropriate use within the Shopping Center. This application will be discussed during Formal Session to allow for comments by Councilman Dyer, ITEM # 57875 K3. e. Conditional Use Permit: MARYANNE GRADO (tla Cosmo's Corner) re commercial kennel (dog daycare) at 505 Central Drive, Suites lOl- 102 (DISTRICT 6 - BEACH) Council Lady Henley expressed concern re the applicant's request for training the dogs. Councilman Uhrin advised no dog training is allowed under the terms and conditions of the Grant of Easement owned by the United States Navy. This is stipulated within the conditions. Stephen White advised the applicant is aware of all the terms and conditions of the grant. August 12, 2008 I I II I - 5 - AGE N DA REV IE W S E S S ION ITEM # 57876 K3f SANDRA K. SAWYER (tla Sandy's Angels Daycare) re in-home daycare at 5621 Parkland Court (DISTRICT 1 - CENTERVILLE) Stephen White, Planning, advised a condition has been added re the installation of a security alarm for the swimming pool that will signal an alert if a child or any other unauthorized person has fallen into or entered the pool, The fence enclosing the swimming pool jrom the backyard and play area is four (4) feet high and has selfclosing and locking gates (as required by the Code) ITEM # 57877 K.5. Application of WELDEN FIELD OF VIRGINIA, L.L.Cfor a Change of Zoningjrom I-I, R-5D and 0-2 to Conditional R-7.5 with a PD-H2 Overlay re developing single- family dwellings and townhomes at Regent University Drive and Jake Sears Road (DISTRICT 1 - CENTERVILLE) Councilman DeSteph expressed concern re the adjacent Virginia Beach City landfill. The fill operations will likely result in noise and dust impacts to the Weldenfield development, Councilman Diezel does not see the sane problem as associated with Carrolton Oaks. The composting issue created their problem. There have been no health related problems caused to the residential apartments within 500 feet of the existing landfill. There has been no decision relative whether this will be an active landfill. No decisions have been made for what may take place with SPSA after 2018, The City should be prepared to move the landfill. Councilman DeSteph requested DEFERRAL in order to have the City Manager advise re the status of this landfill after 2018. Council Lady Henley advised this is a City Council decision not a staff determination. Jack Whitney, Director - Planning, advised the application was initially deferred to receive reports jrom Malcolm Pirnie concerning the issues related to the landfill. The report stated there were no health issue concerns, but a potential of nuisance impacts to residents of the subdivision. Proffer No.9, which was not in the original proffers, will require the applicant issue a disclosure notice to the buyers regarding the proximity of the City of Virginia Beach's urban landfill and its potential future expansion. Proffer 8 addresses the requirement of a Traffic Impact Study being submitted to the Grantee on or before submittal of the initial engineered site plan for review, Grantor shall make any roadway improvements to adjacent roadways and modifications to the location or configuration of the depicted site access roads required by the Grantee pursuant to the recommendations contained in the Traffic Impact Study, Mr, Whitney distributed a graph, which is hereby made a part of the record This graph depicts the residential portion of the overall Master Plan and the remainder as currently configured. There has been a change to remove some of the retail for campus expansion to occur. The red lines depict the existing by- right zoning classifications. Council Lady Wilson believes re Proffer 9, there needs to be a separate disclosure as with the AICUZ, to be assured the buyer is aware of the existing landfill. Deputy City Attorney Macali advised re Oceana, the General Assembly was requested to pass a law stating the Seller of any property in the noise zones has to give notice, and if not may be sued by the buyer; however, he did not believe there was any authority the City had to require this. The application probably should have a proffer having a deed restriction in the Title, It is possible this is something required to be disclosed under the law passed approximately twelve (12) years ago re enhanced real estate disclosure requirements Council Lady McClanan is concerned re the landfill and the undesirable odors for adjacent residents in the already and yet to be established housing developments. August 12, 2008 , I II - 6 - AGE N DA REV IE W S E S S ION ITEM # 57877 (Continued) Mayor Oberndorf was under the impression this landfill would be converted into a Mount Trashmore Park II Councilman Villanueva did not believe this strategy had changed and it was previously promised to all concerned. ITEM # 57878 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K. PLANNING 2. Applications for Modification of Conditions: a. NEW FAITH CHRISTIAN FELLOWSHIP (approved on January 11, 2005, as Miracle Temple Worship Center, Inc.) re an increase in days and hours of operation, the number of people who may attend and the square footage used at 3900 Bonney Road, Suite 113 (DISTRICT 5 - LYNNHA VEN) b. WAL-MART REAL ESTATE BUSINESS TRUST (approved on December 5,2000 and August 5, 2003) re tire storage at 1149 Nimmo Parkway (DISTRICT 7 - PRINCESS ANNE) c. VICTORY BAPTIST CHURCH (approved on December 8, 1998) re movement of an existing dwelling unit to the property at 4125 Indian River Road (DISTRICT 1 - CENTERVILLE) 3. Applications for Conditional Use Permits: a. MARCUS HOLMAN re home occupation (photography) at 920 Cardinal Road (DISTRICT 5 - LYNNHA VEN) b. RICHMOND 20 MHZ, LIC (tla Ntelos) re communication tower at 5817 Wesleyan Drive (DISTRICT 2 - KEMPSVILLE) c. NEW CINGULAR WIRELESS PCS, L.L. C. (t/a A T & T) re communication tower at 109 North Birdneck Road (DISTRICT 6 - BEACH) e. MARYANNE GRADO (tla Cosmo's Corner) re commercial kennel (dog daycare) at 505 Central Drive, Suites 101-102 (DISTRICT 6 - BEACH) f SANDRA K. SAWYER (t/a Sandy's Angels Daycare) re in-home daycare at 5621 Parkland Court (DISTRICT 1 - CENTERVILLE) g. CHECKERED FLAG MOTOR CAR CO., INC. re motor vehicle sales and service at 5070 Virginia Beach Boulevard. (DISTRICT 4 - BAYSIDE) 4. Application of DA VE WILSON for the expansion of a Nonconformin~ Use at 109 53rd Street, an existing garage apartment. (DISTRICT 5 - LYNNHA VEN) August 12, 2008 I III I - 7 - CI T Y CO UN C ILL I A ISO N R E P 0 R T S 5:42 P.M. ITEM# 57879 Councilman DeSteph, Liaison - Virginia Beach Community Development Corporation, advised VBCDC is continuing to move forward in the right direction. National housing trends are being reviewed. Andy Freidman, Director - Housing of Neighborhood and Preservation, was in attendance to respond. One of the earlier recommendations was reviewing the neighborhood architectural books "pattern books", which is a positive step forward. Council Lady Wilson advised the DRAFT Report for Preservation of Workforce Housing in the older neighborhoods will be presented to the Planning Commission tomorrow, August 13, 2008, This item will be scheduledfor the City Council in September. ITEM # 57880 Council Members DeSteph and Wood are Liaisons to the Virginia Aquarium and Marine Science Center. Councilman DeSteph referenced "Dark Knight" in 3-D is appearing at the I-Max, a "must see". ITEM # 57881 Councilman Villanueva, Technology Liaison, distributed his report, which is hereby made a part of the record. Currently the City Auditor is conducting an audit of the Department of Communications and Information Technology, COMIT has performed exceptionally well, Virginia Beach is a city that is going "Green", but also possesses cutting edge technology, Three (3) topics are detailed: Fire Department Telestaff Upgrade City Treasurer - Check 21 InSITE -Human Resources/Payroll System CIP 3.280 $ 66,000 $ 30,000 $10,223,061 The Fire Department utilizes the TeleStaff application to schedule, track and record staff hours of work, vacations leave requests and sick time. TeleStaff also accommodates online requests for shift rotations and is used in shift management in order to meet minimum staffing requirements and to produce management reports such as leave reports and FLSA reports. The project included new hardware, operating system and database management system. The City Treasurer's Check 21 project expands the capability of the City Treasurer's Remittance Processing System to allow electronic transmission of check images to the Bank of America and eliminate the handling ofphysical paper checks The InSITE Human Resources/Payroll System's purpose is to consolidate multiple aging Human Resources and Payroll systems into one centralized, integrated system, streamlining business processes, improving reporting and data access capabilities and meet the demands of the City's changing workforce. The Payroll System is still on-line for the January 1, 2009, launching. August 12, 2008 : I I ill I - 8 - CITY COUNCIL COMMENTS 5:48 P.M. ITEM # 57882 Mayor Oberndorf and City Council Members attended the funeral of Detective Michael S. Phillips, killed in the line of duty, Thursday, August 7, 2008. The Funeral was conducted at Rock Church, 1:00 P.M, August 12, 2008, followed by interment at Rosewood Memorial Park. Mayor Oberndorf advised the outpouring of love and support for this family who lost their husband and father. Leaving the Church on the way to the Cemetery, the sidewalks were lined with citizens standing at attention or covering their heart. ITEM # 57883 Councilman Villanueva advised he recently celebrated his Twentieth High School Reunion. At the time, this class composed of 897 students was the largest class in the history of Virginia Beach. Many still maintain residence in Virginia Beach. All of the attendees applauded the changes which transformed Virginia Beach and they praised the City Council. ITEM # 57884 Councilman DeSteph distributed a DRAFT Ordinance to AMEND Section 211 of the City Zoning Ordinance by allowing certain temporary signs in all Zoning Districts. This is for City Council's review. He will discuss, at a future City Council Session, fire inspections, alternative energy strategies, overstatement of the City's revenues and understatement of expenses. (Dinner: 5:50 P.M. to 6:18 P.M.) August 12,2008 - 9 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 12, 2008 6:18 P.M. Mayor Meyera E. Oberndorfcalled to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 12, 2008, at 6: 18 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Clarence McPherson Pastor, Agape International Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial '') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict, If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April] 0, 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 August 12, 2008 ill I - 10- 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. Mayor Oberndorf apologized for the delay. One of the City's young police officers was buried today: Detective Michael S. Phillips killed in the line of duty, Thursday, August 7, 2008, The Mayor, Members of City Council and City Staff attended the funeral, August 12, 2008 I I II - 11 - Item V-F.1 ITEM # 57885 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of July 8, 2008 Voting: 9-0 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: William R. "Bill" DeSteph and Ron A. Villanueva Council Members Absent: None Councilman DeSteph ABSTAINED as he was on Family Vacation during the City Council Session of July 8, 2008. Councilman Villanueva ABSTAINED as he was out of the City on business during the City Council Session of July 8, 2008. August 12,2008 I I III - 12 - Item V-G. PRESENTATION ITEM # 57886 Mayor Oberndorf RECOGNIZED the following Boy Scouts in attendance to earn their merit badges for communications: Boy Scout Troop 443 Sponsored hy: The Church of Later Day Saints Joel Ankney Merit Badge Counselor Jacoh Ankney Joseph Ankney J.J. Brimhall Devon Stuhhs Dalton Palmer Mayor Oherndorfpresented each Scout with a City Seal pin. August 12,2008 I I III I - 13 - Item V-G.1. MAYOR'S PRESENTATIONS ITEM # 57887 Mayor Oberndorf introduced John Malbon, previous King Neptune XXXIII and Chairman of the Board _ Neptune Festival. Chairman Malbon advised the Neptune Festival is recognized, by the American Bus and Southeastern Tourist Associations, as one of the best on the East Coast. Through the Festival, over ONE-HALF MILLION individuals come to the City. Chairman Malbon PRESENTED King Neptune XXXV and his Court: 2008 ROYAL COURT KING NEPTUNE XXXV Douglas Dorn Ellis Accompanied by His Lady Ellen Ellis PRINCESSES Elizabeth-Claire Courtney Dyer Katherine Anders Heilig Lindsey Nicole Hudgins Kaitlin Coleman Kelly Morgan Alexandra Kerfoot Lara Mari Mendoza Kathryn Lynne Moncure Kristin Elizabeth Rippy TRITONS Edward J. Amorosso Managing Partner - McPhillips, Roberts and Deans Linwood Oliver Branch Owner, Days Inn at the Beach Robert Alan Broermann Senior Vice President! Chief Financial Officer - Sentara Healthcare Stacy Cummings Vice President - Priority Automotive Warren Duane Harris Director - Economic Development Department - City of Virginia Beach Jeffrey Laurence Marks Partner, Kaufman and Canoles Richard Charles Zoretic Chief Operating Officer - AMERIGROUP Corporation James Michael Arnhold Chairman - Home Associates of Virginia (could not attend the presentation) August 12, 2008 I ,jl I - 14 - Item V.G.l MAYOR'S PRESENTATIONS ITEM # 57887 (Continued) Mayor Oberndorf PRESENTED: RESOLUTION RECOGNIZING: KING NEPTUNE XXXV and HIS COURT and DECLARING the Month of SEPTEMBER NEPTUNE FESTIVAL MONTH Over the last thirty-five years, the Neptune Festival has made signicant contributions to the quality of life in Virginia Beach. The Neptune Festival has grown in regional, national and international recognition resulting in an attendance growth from 30,000 to 50,000 in 1974 to more than One Million today, The Neptune Festival contributes to the quality of life in Hampton Roads throughout the year by supporting many different events and organizations, The Neptune Festival also provides a venue where many charitable organizations have the opportunity to raise funds. Their statue, "King Neptune and His Sea Creatures ", has become an icon recognized by visitors near and far. The City of Virginia Beach wished to give special recognition to former Council Member, Nancy A, Creech, whose untiring efforts and tenacity over these thirty-five years have made this possible and to the Neptune Festival Board of Directors who have worked diligently over the last thirty-five years to make the Neptune Festival the great success it is today. King Neptune ACCEPTED, with appreciation, the Resolution and advised the Court's pride in being the City's Ambassadors for 2008. Recently minted King Neptune's Doubloons were presented to the Mayor and City Council, City Manager, City Attorney and City Clerk. Boxes of Chocolates and small artistic renditions of mermaids were also presented. Mayor Oberndorf PRESENTED King Neptune with the Resolution. August 12, 2008 I II RESOLUTION WHEREAS, The Neptune Festival, a 501(c)3 organization, is celebrating its Thirty-fifth Anniversary in 2008; WHEREAS, The Neptune Festival has been the highlight of the Fall season in Virginia Beachfor three and a half decades and offers something special for everyone - from a Surfing Classic to a Volleyball Tournament to the always popular Sand Sculpting Championship; WHEREAS, For thirty-fIVe years, the Neptune Festival has made significant contributions to the quality of life in Virginia Beach; WHEREAS, over the last thirty-fIVe years, the Neptune Festival has grown in regional, national and international recognition resulting in an attendance growth from 30,000 to 50,000 in 1974 to more than One Mil/ion today; WHEREAS, The Neptune Festival contributes to the quality of life in Hampton Roads throughout the year by supporting many different events and organizations. The Neptune Festival also provides a venue whereby many charitable organizations have the opportunity to raise funds. Their statue, "King Neptune and His Sea Creatures" has become an icon recognized by visitors near andfar; WHEREAS, Our citizens have proven over and over again their desire to support our community through their volunteer effort and the Festival is a wonderful example of many 'hundreds of Volunteers coming together as a successful "Community for a Lifetime"; and, WHEREAS, The City of Virginia Beach wishes to give special recognition to former Council Member, Nancy A. Creech, whose untiring efforts and tenacity over these thirty-fIVe years have made this possible; and to the Neptune Festival Board of Directors who have worked diligently over the last thirty-fIVe years to make the Neptune Festival the great success it is today. NOW, THEREFORE, BE IT RESOLVED: the City Council of the City of Virginia Beach, Virginia, hereby recognizes: KING NEPTUNE XXXV AND HIS COURT and dee/ares the month of SEPTEMBER as NEPTUNE FESTIVAL MONTH - 15 - Item V.G.2. MAYOR'S PRESENTATIONS ITEM # 57888 Mayor Oberndorf introduced the young student Ambassadors who attended the Magna Carta Conference, in Lincoln, England: Michael Castellano Shelby Lynn Dorsey Jessica Lain Moehring Shikha Gupta Michael Castellano is a Virginia Beach Native. He is a Graduate of the International Baccalaureate Program - 2006 from Princess Anne High School. Currently he is a "rising" Junior at William and Mary College with a Major in International Relations, He spent the Summer of 2008 in Morocco studying Arabic Language and Culture and will intern next Fall with the Department of State in London. His ultimate goal is to study International Law and pursue a career in Foreign Service or Diplomatic Core. Michael also was a member of the International Baccalaureate - Princess Anne High School ho attended, as a part of the Mayor's Delegation, Peace Conference and 100th Anniversary of Norway's Freedom (August 9 -17, 2005), Shelby Lynn Dorsey, is a Virginia Wesleyan Student with a Major in Interdivisional Education and a Minor in Elementary Education, Shelby is a member of the SCI, Phi Sigma Sigma, Commuter Club and TGIF. Jessica Moehring is a Virginia Wesleyan student with Majors in International Studies and Political Science. Her Minor is in Philosophy. She plans to study abroad at Bishop Grosseteste University in Lincoln, England, this Fall. Shikha Gupta spent the Summer of 2008 in Spain pursuing her studies. Her achievements include: University of Virginia Collegiate Mock Trial- 2007-07: member, National Championship Team - 2007- 08: Vice President of Fundraising, Team Captain - 2008-Prsent: Executive Vice President, Team Capital. University of Virginia Resident Staff - 2007-08: Resident Advisory, First year Areas. UVA Alpha Chi Omega Sorority - 2006-07: Member - 2007-08: Assistant Vice President of philanthropy - 2008-Present: Vice President of Philanthropy. University of Virginia Guide Service - 2007-Present: Tour Guide. University of Virginia - Virginia Ambassador - 2006- Present: Ambassador. Shikha was also going to attend a part of the Mayor's Delegation, the Peace Conference and 100th Anniversary of Norway's Freedom (August 9 -17, 2005); however, was unable due to afamily commitment. Each of the students detailed their experiences at the Conference, The students attended at their own expense. Mayor Oberndorf presented each with a gift, a token of appreciation for representing the City of Virginia Beach. August 12, 2008 - 16 - Item V. G.3. MAYOR'S PRESENTATIONS ITEM # 57889 Mayor Meyera E. Oberndorf PRESENTED: Government Finance Officers Association (GFOA) Award to Patricia Phillips Director - Department of Finance Mayor Oberndorf acknowledged the dedicated and excellent service of Patricia A. Phillips, Director - Department of Finance. This is a Government Finance Officers Association (GFOA) Award and is a Certificate of Achievement for excellence in financial reporting presented to the City of Virginia Beach for its Comprehensive Annual Financial Report (CAFR). Government Finance Officers Association of the United States and Canada (GFOA) presents this award to government units and public employee retirement systems, whose Comprehensive Annual Financial Reports achieve the highest standard in government accounting andfinancial reporting. Mrs. Phillips ACCEPTED the award and advised this is the twenty-seventh consecutive year the Department has been recognized with this Certificate of Financial Reporting Achievement. Mrs. Phillips acknowledged this award also reflects the good judgment and professionalism of the City Council and City Departments, The Certificate of Achievement is the highest form of recognition in the area of Governmental accourlting and financial reporting. Financial reporting is accomplished in the field of "full disclosure". This award contributes substantially to the City's AAA Bond Rating. This award is for 2007 and the staff has already commenced work on 2008. The official close-out will be Friday, August 15, 2008, and preparation and analysis will commence for the 2008 CAFR. Mrs, Phillips recognized Don Barnett, Comptroller, Maryam Woodson - Principal Accountant, and Wendy Hu - Accountant IV, who took the lead in compiling the document,. Mrs. Phillips also expressed appreciation and recognized the CAFR team as well as members of Management Services. August 12, 2008 I I II" - 17 - Item V-J. ORDINANCES/RESOLUTION ITEM # 57890 Upon motion by Vice Mayor Jones. seconded by Councilman Dyer. City Council APPROVED in ONE MOTION Items 1, 2, 3, 4a1b/c/d, 5, 6, 7a1b/c/d and 8 a/b of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Councilman Wood ABSTAINED on Item J.2 (CONNIE ONE, LLC). Councilman Wood DISCLOSED and ABSTAINED Pursuant to Section 2,2-3115(E), Code of Virginia, and declared he is a member of Connie One, L.L.c., which is located at 208 Ash Avenue, Suite 101, Virginia Beach, Virginia 23452, and has a personal interest in the corporation. Councilman Wood's correspondence of May 13, 2008, is hereby made a part of the record. August 12, 2008 - 18 - Item V-J.1. ORDINANCES/RESOLUTION ITEM # 57891 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to APPROVE a Performance Contract for the Community Services Board with the State re funding for Mental Health and Substance Abuse (MHSA) services 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 August 12, 2008 I II I 1 A RESOLUTION APPROVING A CONTRACT BETWEEN 2 THE COMMUNITY SERVICES BOARD AND THE STATE 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That the City Council hereby approves the FY 2008-09 performance contract 8 between the City of Virginia Beach Community Service Board and the Virginia Department 9 of Mental Health, Mental Retardation and Substance Abuse Services, which provides State 10 controlled performance contract funding to the Community Services Board. 11 12 Adopted the by the Council of the City of Virginia Beach, Virginia, -12.t.b day of 13 A'l'Just ,2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~JUA ~anage nt ervices :e~-L~ City Attorney's Ottic CA 1 0823 R~2 August 5, 2008 I I City of Virginia Beach DEPARTMENT OF HUMAN SERVICES ADMINISTRATIVE DIVISION (757) 437-8100 FAX (757) 490-5736 TOD (757) 437-8150 297 INDEPENDENCE BOULEVARD PEMBROKE SIX, SUITE 208 VIRGINIA BEACH, VA 23462-2891 DATE: June 27, 2008 TO: Citizens of Virginia Beach KJ)nl.~ FROM: Donna Morris, Virginia Beach Community Services Board Chair SUBJECT: FY 2009 Community Services Performance Contract This summary of the proposed SFY 2009 (July 1, 2008 - June 30, 2009) Community Services Performance Contract that makes State/Federal funds available for locally provided public mental health, mental retardation, and substance abuse services is provided for your review and comment. The funding identified includes State General Funds, State Restricted Funds. Federal Funds, required City Match Funds, Medicaid and other Fee Revenues. Units of service and estimated numbers of consumers to be served are based solely on funds made available through Medicaid, state and federal sources; services supported by local funding are not part of the State Performance Contract and therefore are not reflected in the data. The attached table is a summary of the core services and covered MR Waiver services and funding levels projected to be paid for by funds provided and reported through the Performance Contract. FY 2009 C ommunitv Services Performance Contract Prol: osal Summarv Proposed # of Program Service Unit Funding Consumers Mental Health Outpatient Services $1,770,733 1,300 Case Management Services $1,746,711 1,040 Residential Crisis Stabilization Services $1,301,569 427 Day TreatmenUPartial Hospitalization $1,088,581 641 Rehabilitation/Habil itation $2,371,584 352 Individual Supported Employment $108,533 37 Supervised Residential Services (551) $1,426,989 73 Supportive Residential Services (581) $651,928 .108 Discharge Assistance Project (DAP) N/A 9 MH Child and Adolescent Services N/A 95 Initiative Juvenile Detention Center N/A 300 Mental Retardation Outpatient Services $55,131 10 Case Management Services $1,894,238 775 Rehabilitation $2,652,575 145 Supportive Residential Services $1,776,120 60 Intensive Residential $2,420,083 31 Infant and Toddler Intervention Services $453,076 700 Group Supported Employment $542,501 55 Individual Supported Emoloyment $374,633 75 Highly Intensive Residential $5,880,351 37 Medicaid Mental Retardation HCB N/A 222 Waiver Services Substance Abuse Outpatient $388,873 621 Case Management $364,591 168 Day TreatmenUPart Hasp. $421,617 23 Highly Intensive Residential Services $1 , 151,784 309 Intensive Residential Services $265,920 53 Supportive Residential Services $359,551 28 Prevention Services $1,343,376 N/A Proposed # of Program Service Unit Funding Consumers Services Available Outside of a Program Area Emergency Services $1,398,167 1510 Consumer Monitoring Services $53,729 218 Centralized Services $3,457,464 All consumers I II The full proposal is available for review and public comment beginning June 27, 2008 through August 12, 2008 at the following locations: Virginia Beach Department of Human Services Administrative Offices Pembroke 3, St 312 Virginia Beach, Va 23462 Phone: 385-0689 Virginia Beach Central Library 4100 Virginia Beach Blvd Phone 385-3000 City of Virginia Beach Public Information Office Municipal Center, Bldg #30 Phone 385-4111 City of Virginia Beach Clerk's Office Municipal Center, Bldg #1, Room 281 Phone 385-4303 The contract will be acted on by the Virginia Beach Community Services Board at its July 31st Meeting. Once approved by the Board, the proposal will be forwarded to City Council for consideration and approval tentatively scheduled for August 5th. Following City Council approval, the proposal will be submitted to the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services. Please provide any written comments to the following address: Helen Wen Department of Human Services Pembroke 3, St 312 Virginia Beach, VA 23462 Or Email to:Hwen@vbgov.com ,II I - 19 - Item V-J.2. ORDINANCES/RESOLUTION ITEM # 57892 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to GRANT a 90-day extension for satisfaction of conditions in closing a portion of Connie Lane for a variable width right-of-way (DISTRICT 4 - BAYSIDE and DISTRICT 2 - KEMPSVILLE) Voting: 10-0 (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 and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: James L. Wood Council Members Absent: None Councilman Wood ABSTAINED on Item J2 (CONNIE ONE, LLC). Councilman Wood DISCLOSED and ABSTAINED Pursuant to Section 2.2-3115(E), Code of Virginia, and declared he is a member of Connie One, L.L.C, which is located at 208 Ash Avenue, Suite 101, Virginia Beach, Virginia 23452, and has a personal interest in the corporation, actually being one of the owners of the property. Councilman Wood's correspondence of May 13,2008, is hereby made a part of the record. August 12, 2008 i I 1 AN ORDINANCE FURTHER EXTENDING THE 2 DATE FOR SATISFYING CONDITIONS IN THE 3 MATTER OF CLOSING, VACATING AND 4 DISCONTINUING A PORTION OF THAT CERTAIN 5 STREET KNOWN AS "CONNIE LANE - VAR. 6 WIDTH R/W" AS SHOWN ON THAT CERTAIN PLAT 7 ENTITLED "EXHIBIT PLAT PROPOSED STREET 8 CLOSURE OF A PORTION OF CONNIE LANE 9 VIRGINIA BEACH, VIRGINIA" 10 11 WHEREAS, on May 22, 2007, the Council of the City of Virginia Beach 12 acted upon the application of Connie One, LLC, a Virginia limited liability company for 13 the closure of a portion of Connie Lane as shown on Exhibit "A"; and 14 15 WHEREAS, on May 22, 2007 the Council adopted an Ordinance to close 16 the aforesaid street, subject to certain conditions being met on or before May 21, 2008; 17 and 18 WHEREAS, on May 13, 2008, the applicant applied for and was granted 19 an extension of time to August 21, 2008, to satisfy the conditions attached to the 20 aforesaid street closure; and 21 22 WHEREAS, on July 29, 2008, the applicant requested an additional 23 extension of time to satisfy the conditions attached to the aforesaid street closure. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 26 Virginia Beach, Virginia: 27 28 That the date for meeting conditions of closure as stated in the Ordinance 29 adopted on May 22, 2007, upon application of Connie One, LLC, a Virginia limited 30 liability company, is extended to November 13, 2008. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on this 33 12th day of AUgll~t ,2008. 34 35 GPIN: 1468-50-3176, 1468-50-4334, 1468-50-4484, 1468-50-5086, 1468-50-7212, 36 1467 -59-9982 and 1467-79-2977 37 CA-10746 V:lapplicationsldtylawprodlcycom32IWpdocsID030IP003100063544. 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ORDINANCES/RESOLUTION ITEM # 57893 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to TRANSFER the Residential Parking Permit program from the Resort Management Office/Parking Division to the City Treasurer and his operating budget 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 August 12, 2008 i II 1 AN ORDINANCE TO TRANSFER THE RESIDENTIAL 2 PARKING PERMIT PROGRAM FROM THE PARKING 3 ENTERPRISE FUND TO THE CITY TREASURER'S 4 OPERATING BUDGET 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That the Residential Parking Permit Program, including one full-time 10 position, is transferred from the Parking Enterprise Fund to the City Treasurer's 11 Operating Budget at an estimated cost of $46,695 for FY 2008-09. 12 13 2. That the cost of the program is funded by estimated revenues of $30,000 14 from residential parking permits, which will be moved to the General Fund, and a 15 transfer of $16,695 from the Parking Enterprise Fund. 16 17 3. That as needed in subsequent years, the Parking Enterprise Fund would 18 transfer an amount to the General Fund to cover the revenue shortfall in the Residential 19 Parking Permit Program. 20 21 Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day 22 of alHJllst ,2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ci~~f- CA 10815 R-2 August 5, 2008 - 21 - Item V-J.4.a. ORDINANCES/RESOLUTIONS ITEM # 57894 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments into portions of the City's right-ofway: LAUREL COVE CIVIC LEAGUE to construct and maintain a subdivision sign to include lighting and a flag pole (DISTRICT 5 - LYNNHA VEN) The following condition shall be required: 1, The temporary encroachment shall 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 Applicant to remove, all or any part of the Temporary Encroachments from the Encroachment Area, in the event of an emergency or public necessity, and the applicant, to the extent of their respective interests therein, shall bear all costs and expenses of such removal. 3, The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 4. The applicant 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 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 applicant. 6, The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 7, The applicant must submit and have approved a traffic control plan before commencing work. 8. The applicant agrees that no open cut of the public roadway will be allowed, except under extreme circumstances and requests must be submitted to the Highway Operations Division for final approval. 9. The applicant must obtain a permit from the Planning Department prior to commencing any construction. 10. Prior to issuance of a right-ofway utility easement, the applicant must post a bond or other security in the amount of two-times its Engineer's cost estimate to guard against damage to City property or facilities during construction. August 12, 2008 - 22- Item V-J.4.a. ORDINANCES/RESOLUTIONS ITEM # 57894 (Continued) 11. The applicant 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 applicant 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 applicant 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 applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment, 12. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the Cityls right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100,00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes 13. It is understood and agreed that the Temporary Encroachment, specifically the subdivision sign, may not exceed thirty-two (32) square feet per face; two (2) faces; six (6) feet above the natural grade at the curb, Landscaping materials must be approved by the Parks and Landscape Services Division. 14, The applicant 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. 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 August 12, 2008 , I, 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF THE CITY RIGHT OF WAY 6 KNOWN LAUREL COVE DRIVE BY 7 LAUREL COVE CIVIC LEAGUE, 8 INCORPORATED, A VIRGINIA NON- 9 STOCK CORPORATION 10 11 WHEREAS, Laurel Cove Civic League, Incorporated, a Virginia non-stock 12 corporation, desires to construct and maintain a subdivision sign, underground electric 13 lines, an electric meter, a flag pole, and spot lights and to maintain three (3) existing 14 brick walls within a portion the City's right of way known as Laurel Cove Drive located in 15 the City of Virginia Beach, Virginia. 16 17 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's right of way subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof contained in 99 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Laurel Cove Civic League, 25 Incorporated, a Virginia non-stock corporation, its assigns and successors in title are 26 authorized to construct and maintain temporary encroachments for a subdivision sign, 27 underground electric lines, an electric meter, a flag pole, and spot lights and to maintain 28 three (3) brick walls in a portion of the City's right of way as shown on the map marked 29 Exhibit "A" and entitled: "ENCROACHMENTS FOR LAUREL COVE CIVIC LEAGUE 30 VIRGINIA BEACH, VIRGINIA," a copy of which is on file in the Department of Public 31 Works and to which reference is made for a more particular description; and 32 33 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 34 subject to those terms, conditions and criteria contained in the Agreement between the 35 City of Virginia Beach and Laurel Cove Civic League, Incorporated, a Virginia non-stock 36 corporation (the "Agreement"), which is attached hereto and incorporated by reference; 37 and 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 40 is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as Laurel Cove Civic League, Incorporated, a Virginia non-stock corporation and 44 the City Manager or his authorized designee execute the Agreement. 45 I I' 47 48 49 of Adopted by the Council of the City of Virginia Beach, Virginia, on the __..12t!lnday ,2008. August CA-10741 X:IOIDlREAL ESTATEIEncroachmentslPW OrdinanceslCA10741 Laurel Cove Civic League Ordiance.doc V:lapplicalionslcilylawprodlcycom32lWpdocslDOO7\P003100061671 .DOC R-1 PREPARED: 7/24/08 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM CVW1 i]~ ~CiCJ(Mn:mr-tk CIT ATTORNEY 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 29th day of May 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LAUREL COVE CIVIC LEAGUE, Incorporated, a Virginia non-stock corporation, ITS ASSI GNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: WHEREAS, it is proposed by the Grantee to construct and maintain a subdivision sign, underground electric lines, an electric meter, a flag pole, and spot lights and to maintain three (3) existing brick walls, 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 an existing City right of way known as Laurel Cove Drive, 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. GPIN: Laurel Cove Drive (CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED) I I I 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: The Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: ""EXHIBIT A" ENCROACHMENTS FOR LAUREL COVE CIVIC LEAGUE VIRGINIA BEACH, VIRGINIA," 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 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, 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 2 I I 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. 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 final approval. 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. 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 its 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, 3 I 'II 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 liabil ities, 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 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. It is further expressly understood and agreed that the Temporary Encroachment, specifically the subdivision sign, may not exceed: 32 square feet per face; 2 faces; 6 feet above the natural grade at the curb. Landscaping materials must be approved by the Parks & Landscape Services Division of the Department 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 4 I II 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 Department of Public Utilities. IN WITNESS WHEREOF, the said Laurel Cove Civic League, Incorporated, a Virginia corporation, has caused this Agreement to be executed in its corporate name and on its behalf by Peter J. Hinck, its president. 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 WAS INTENTIONALLY LEFT BLANK) 5 I I I 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 , 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/Authorized Designee of the 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: 6 I 'II Laurel Cove Civic League, Incorporated, a Virginia non-stock corporation By &.m.~.~:""~ Peter J. Hin , President STATE OF VIRGINIA~ & L CITY/COur-JTY OF \ (1. -- U( , to-wit: _ The foregoing instrument was acknowledged before me thiStJCl1J; day of ,2008, by Peter J. Hinck, President of the Laurel Cove Civic League, Incorporated, Virginia non-stock corporation. JENNIFER DEW Notary Public Commonwealth of Virginia 27.01. My Comm'ulon Expire. Aug 31. 2011 Notary Registration Number: i 0 I My Commission Expires: /5) 31 lxv J I ! ~;n~. ~EAL) No ry Pub!" - rc.~^,- 5 GNATURE p/i) Kf/k c ~~ DEPARTMENT ~x) APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~,,1l'\ f^ ~ficJ. Crurt<J fcflvL CITY ATTORNEY APPROVED AS TO CONTENTS 7 f.~' R/'N "\ 1.0' ~?~ \lIO~\)~t~\S fROV. fO\)~U '.' . I~W . :\ G~\)OlO ,. \t S~\"fP\U~~O'J' ,Srl3----~' 0 ~ '\ 0,.,'1 "1\1\0<:\ plJi\ . . _.' ,...' ~ 1>109011/ ,.." ' . 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Q 6 cO g<6tG:~~ :::J C"l ~~c4l' z ::i 0- (9 lOO I.O~ N..... .\ t-: ~ \d~ lOt'") -C"\ ~o ~N o t'i~ -.5 o ~zuJ ~ wa;~ -o~o ~:a"~ g, c-i e 0.. .c:(, :z. ~ 5 . l/l ~~ ..P:- ~ ~~r; ~1:t"€;. a<~ ~ Qt1~ OJ o~o ~I""> oiI\ 11 ~.- :a" w~ \;(u OV1 ~o t'i II o 1.0 " ..- o t'i w :;t () V1 () s: ~ ~ o -0 '. o ;c..r: . ...oC: 0..... ~ .t:l 0'- .s::.~(f) ~ 'G) z. o ..-. ~ c: 0: '-- I.O~ \':6~ \ N . \tO~ ..tc-.l .,-C"l ~~ ..- ! ai E "" ( . , 1 -0 S o I-(() ~Q) I- c: ~:;) c. 0 :::> .- ~ -00 Q) Q) ~GJ 0- o lo- 0.. .\ ~~ N~ .'2: ffi ~ ..... t'i ~ ~Vl~0\ g,~""'~OClo..~ ._ N 0 '2:. W \ -0 (f) I-:: u- 4{. 'fi 6 ttJ Q) <:>. ~ t13 l"1 0 ~ ;:.loU: .....~ % ."z...lo)'*' I- =-z. ,z. 0.. ~ '1 ~ 0:- (,!) Cl '- Q) E I- o tn c: e I- o '.5 o Q) W \.IJ - 23 - Item V~J.4.b. ORDINANCES/RESOLUTIONS ITEM # 57895 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to A UTHORIZE temporary encroachments into portions of the City's right-oi-way: WILLIAM R. and KAREN P. SCHONAUER to construct and maintain a boatlift on Lake Rudee at 2 Caribbean Avenue (DISTRICT 6 - BEACH); subject to: The following conditions shall be required: 1, The temporary encroachment shall 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 Applicant to remove, all or any part of the Temporary Encroachments from the Encroachment Area, in the event of an emergency or public necessity, and the applicant, to the extent of their respective interests therein, shall bear all costs and expenses of such removal. 3, The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 4. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney IS fees in case it shall be necessary to file or defend an action arising out of the 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 applicant. 6, The applicant agrees to maintain the temporary encroachment so as not to become unSightly or a hazard. 7. The applicant must obtain a permit from the Planning Department prior to commencing any construction. 8. The applicant must make payment in the amount of $ 690,00 as compensation for the riparian buffer area that cannot be established on the property as a standard condition of the City for shoreline encroachments. Said payment will be used to restore buffer areas on City-owned property. August 12, 2008 - 24- Item V-J.4.b. ORDINANCES/RESOLUTIONS ITEM # 57895 (Continued) 9. The applicant 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 applicant 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 applicant 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 applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 10. The temporary encroachment must conform to the minimum setback requirements established by the City. II. The applicant 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 Engineerls Office or the Engineering Divis ion 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 the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-alway encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes 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. Villanuev~osemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 12, 2008 I I I 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS LAKE RUDEE LOCATED 7 AT THE REAR OF 2 CARIBBEAN 8 AVENUE, FOR PROPERTY OWNERS 9 WILLIAM R. SCHONAUER AND 10 KAREN P. SCHONAUER 11 12 WHEREAS, William R. Schonauer and Karen P. Schonauer desire to construct 13 and maintain a boatlift upon a portion of the City's property known as Lake Rudee, 14 located at the rear of 2 Caribbean Avenue, in the City of Virginia Beach, Virginia. 15 16 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 1 7 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereof contained in 99 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, William R. Schonauer and 24 Karen P. Schonauer, their heirs, assigns and successors in title are authorized to 25 construct and maintain a temporary encroachment for a boatlift on a portion of the City's 26 property known as Lake Rudee as shown on the map marked Exhibit "A" and entitled: 27 "EXHIBIT A ENCROACHMENT REQUEST FOR WILLIAM AND KAREN SCHONAUER 28 TO CARIBBEAN AVENUE GPIN: 2427-00-1851 DATE: 18 JULY, 2008," a copy of 29 which is on file in the Department of Public Works and to which reference is made for a 30 more particular description; and 31 32 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 33 subject to those terms, conditions and criteria contained in the Agreement between the 34 City of Virginia Beach and William R. Schonauer and Karen P. Schonauer (the 35 "Agreement"), which is attached hereto and incorporated by reference; and 36 37 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 38 is hereby authorized to execute the Agreement; and 39 40 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 41 time as William R. Schonauer and Karen P. Schonauer and the City Manager or his 42 authorized designee execute the Agreement. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day 45 of A11'Jl1St ,2008. CA-10739 X:\OIDlREAL ESTATE\Encroachments\PW Ordinances\CA10739 Schonauer Ordiance.doc V:\applications\cityl awprod\cycom32\Wpdocs\D01 O\P003\00062164.DOC R-1 PREPARED: 7/16/08 APPROVED AS TO CONTENTS C, 06wSCI\\ BLlC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM N\u,i~ SfL'cUC~w~&. CITY ATTORNEY i I I I PREPARED BY VIRGINIA BEACH CITY A TIORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 5th day of July, 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and WILLIAM R. SCHONAUER, and KAREN P. SCHONAUER, and THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot E", Shadow Lawn Heights Subdivision, as shown on that certain plat entitled: "RESUBDIVISION OF PROPERTY LOTS 1 THRU 5 - BLOCK 53 MAP OF SHADOW LAWN HEIG HTS" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20021122030689230, and being further designated, known, and described as 2 Caribbean Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a boatlift, 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 an existing City property known as Lake Rudee, the "Encroachment Area"; and GPIN: (CITY PROPERTY - NO GPIN) 2427-00-1851 I ,II 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 ENCROACHMENT REQUEST FOR WILLIAM AND KAREN SCHONAUER TO CARIBBEAN AVENUE GPIN: 2427-00- 1851 DATE: 18 JULY, 2008," 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 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. 2 I I I It is further expressly understood and agreed that the Grantee shall defend, 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 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 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 the Grantee shall make a SIX HUNDRED NINETY DOLLAR ($690.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the riparian buffer area that cannot be established on the property as a standard condition of the City for shoreline encroachments. Said payment will be used to restore buffer areas on City owned property. 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 3 I I I 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 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. 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 4 I I I 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, William R. Schonauer and Karen P. Schonauer, the said Grantee, 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 WAS INTENTIONALLY LEFT BLANK) 5 I I I 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 , 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/Authorized Designee of the 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: 6 I II ~~S~. ~ . ': ,'>..~:'J,~,\~l' ~,;""" . . . \ . ~VJfl;~?~,/L;l </0 . Wilham R. Schonauer.'- .;\\''dlll/rr'" ,- '. :: _\.;" v<J" ... Y' ~ ~. . . ,'"",. .....0 _ ~--J E :r:t:;." ,,'" ?\~.-' ;~ . 1. ::: : ..\, :10 ,~.;-,:. . ... .~' -'" j-.. " .. . :; :: ~':t\.. f~;':, ",' .~. .:: ,.~ aren . " ~~~ '::-~~. ~~i,'~' _ .< .'()f') "...., ~% ~ ',~ \.Y.:J!,,'/j/O!."I~\ e.. ;~ 'J' <,J. ~,'-'-:,~\.' ~ ._,,-._ '~ ~..# ':!' I/.;~t . \~ 'f.,~~'t'\. ,... '. . -",~ -"'" r ::' l~. I.' - n u "\ "~ ,~!~ ' f. (.Ill '4,:. \'\' . '!fU't'~;'~\ni\\\\"\' . STATE OF V({~\ I. I' CITY/COUNTY dF \ { , to-wit: JLl~ The foregoing instrument was acknowledged before me this {:/: / day of , 2008, by William R. Schonauer. j~IiC] fl/ Notary Registration Number: \ q h~a<-F My Commission Expires: ~'VilO4 STATE OF V\V~\(\\V' . . . (l CITY/COUt JTY OF l (~ \ t'\tA rJ.ttfAtJ ,to-wit: The foregoing instrument was acknowledged before me this 9> day of .111. ur ' 2008, by Karen P. Schonauer. _~~ ~. jI' Notary Public Notary Registration Num~ 104 ~ My Commission Expires: , 11 0- APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~ -, ') Ill} (,. d(;t~a,- S GNATURE Pw l(n~1 E'lJfc1c, DEPARTMENT lvY) oil 0(~;iJl~ ~Co~ W:\TechServices\ReaIEstate\Projects\Encroachments\Applicants\Schonauer, William & Karen 2 - KMJ\Agreement.doc 7 I I ~ R. TIETJEN @ @ NO 13 54' II" W 95.40' NEW BOA TLlFT rI3.33' X 13.33' CARIBBEAN AVENUE (50 R/W) EXISTING RIP RAP D. JAMES EXISTING PIER 0'. ~S~ ',0';> ::.>, "'/.9, <;>" " toy R. lEVITIN CD DATUM: MLW = 0,00' SCALE: I" = 30'-0" .'~DJACENT PROPERTY OWNERS: . R. lEVITIN :. D. JAMES ), R. TIETJEN SITE PLAN EXHIBIT A ENCROACHMENT REQUEST FOR WilLIAM AND KAREN SCHONAUER TO CARIBBEAN AVENUE GPIN: 2427-00-1851 DATE: 18 JULY, 2007 I I - 25 - Item V-J.4.c. ORDINANCES/RESOLUTIONS ITEM # 57896 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to A UTHORIZE temporary encroachments into portions of the City's right-of-way: CHARLES LARRY and MARY F. POPE to construct and maintain a timber walkway and stairs for beach access at 560 South Atlantic Avenue (DISTRICT 6 - BEACH); subject to: The following conditions shall be required 1, The temporary encroachment shall 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 immediate~v removing, or ordering the Applicant to remove, all or any part of the Temporary Encroachmentsfrom the Encroachment Area, in the event of an emergency or public necessity, and the applicant, to the extent of their respective interests therein, shall bear all costs and expenses of such removal, 3. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 4. The applicant 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 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 applicant. 6, The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard 7. The applicant must obtain a permit from the Planning Department prior to commencing any construction. 8. The applicant 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 applicant 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 applicant 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 applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment, August 12,2008 II - 26- Item V-J.4.c. ORDINANCES/RESOL UTIONS ITEM # 57896 9, The temporary encroachment must conform to the minimum setback requirements established by the City. 10. The applicant 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 Engineerls Office or the Engineering Division of the Public Utilities Department, 11. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-ofway encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant,' and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes 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 August 12, 2008 II I I 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS CROAT AN 7 BEACH LOCATED AT THE REAR OF 8 560 S. ATLANTIC AVENUE BY 9 CHARLES LARRY POPE, TRUSTEE 10 AND MARY F. POPE, TRUSTEE 11 12 WHEREAS, Charles Larry Pope and Mary F. Pope, desire to construct and 13 maintain an open pile timber walkway and stairs for beach access upon a portion of City 14 property, known as Croatan Beach, located at the rear of 560 S. Atlantic Avenue in the 15 City of Virginia Beach, Virginia. 16 17 WHEREAS, the property located at 560 S. Atlantic Avenue is owned by Charles 18 Larry Pope, Trustee, for the Charles Larry Pope Qualified Personal Residence Trust 19 dated August 11, 2005, one-half interest, and by Mary F. Pope, Trustee, for the Mary F. 20 Pope Qualified Personal Residence Trust dated August 11, 2005, one-half interest. 21 22 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 23 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 24 City's property subject to such terms and conditions as Council may prescribe. 25 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 99 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Charles Larry Pope, Trustee, 30 and Mary F. Pope, Trustee, their heirs, assigns and successors in title are authorized to 31 construct and maintain temporary encroachments for an open pile timber walkway and 32 stairs for beach access on a portion of the City's property known as Croatan Beach, as 33 shown on the map marked Exhibit "A" and entitled: "ENCROACHMENT REQUEST 34 EXHIBIT 'A' FOR CHARLES L. POPE QUALIFIED PERSONAL RESIDENCE TRUST 35 AND MARY F. POPE QUALIFIED PERSONAL RESIDENCE TRUST LOTS 14 & 2 36 BLOCK 26, CROATAN BEACH (M.B. 37 PG. 11) BEACH DISTRICT DATE: MAR. 24, 37 2008," a copy of which is on file in the Department of Public Works and to which 38 reference is made for a more particular description; and 39 40 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 41 subject to those terms, conditions and criteria contained in the Agreement between the 42 City of Virginia Beach and Charles Larry Pope, Trustee, and Mary F. Pope, Trustee (the 43 "Agreement"), which is attached hereto and incorporated by reference; and 44 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 46 is hereby authorized to execute the Agreement; and I ,II 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 48 time as Charles Larry Pope, Trustee, and Mary F. Pope, Trustee, and the City Manager 49 or his authorized designee execute the Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 52 1 ?th day of arHJ1]st ,2008. CA-10010 PREPARED: 7/14/08 R-2 v:/applications/citylawprod/cycom32/WpdocS/D025/P003/00060885.doc APPROVED AS TO CONTENTS ~IMf'Y C. ~.sM.. ,'--'-1 StGNA'TURE i=>bJ K rAl tattiL DEPARTMENT X:\Projects\Encroachments\Applicants\Pope, Charles L. - KMJ\CA 1001 OPopeOrdinance revised June 2008.doc PREP ARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this ~+h day of J \) \,.. 'l , 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHARLES LARRY POPE, Trustee for The Charles Larry Pope Qualified Personal Residence Trust dated August 11, 2005 (1/2 INTEREST) AND MARY F. POPE, Trustee for The Mary F. Pope Qualified Personal Residence Trust dated August 11, 2005 (112 INTEREST), THEIR 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 2 & 14, Block 26, as shown on that certain plat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO, VA SCALE l' = 100 JUNE, 1954" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and described as 560 S. Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain an open pile timber walkway and stairs, 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 City property known as Croatan Beach, the "Encroachment Area"; and GPIN 2426-39-7926 (CITY PROPERTY GPIN 2427-30-8604) 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: Temporary Encroachments into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT REQUEST EXHIBIT 'A' FOR: CHARLES L. POPE QUALIFIED PERSONAL RESIDENCE TRUST AND MARY F. POPE QUALIFIED PERSONAL RESIDENCE TRUST LOTS 14 & 2 BLOCK 26, CROATAN BEACH (M.B. 37 PG. 11) BEACH DISTRICT DATE: MAR. 24, 2008," 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 the 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 2 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, 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 to the limited extent specified herein, nor to permit 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 obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area. 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 poli<:ies 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 3 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 Grantee must submit for review and approval, a survey of the Encro achment 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. 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. 4 IN WITNESS WHEREOF, Charles Larry Pope, Trustee for The Charles Larry Pope Qualified Personal Residence Trust dated August 11,2005, and Mary F. Pope, Trustee for The Mary F. Pope Qualified Personal Residence Trust dated August 11, 2005, the said Grantee, have caused this Agreement to be executed by their signatures, pursuant to due authority. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by the City Manager and the seal to be hereunto affixed and attested by the City Clerk. THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY 5 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. Notary Public My Commission Expires: Notary Registration Number: (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. Notary Public My Commission Expires: Notary Registration Number: 6 ~/z~ es Larry ope, Trustee for The Charles Larry Pope Qualified Personal Residence Trust dated August 11,2005 .. STATE OF f:\ CITY/COUNTY OF'~ c:g wul0l-;tO-wit: Yv-'-..- The foregoing instrument was acknowledged before me this g day of ~ , 2008, by Charles Larry Pope, Trustee for The Charles Larry Pope Qualified Personal Residence Trust dated August 11,2005. Oc~t'UMa X @tYJ1 <-~ Notary PublIc My Commission Expires: ;/31/ c:<.o ;1 Notary Registration Number: I Sl.) .3"" ..3 STATE OF '. CITY/COUNTY OF(~ t6 6. )Wl~; to-wit: '. Y1--- The foregoing instrument was acknowledged before me this f) day of ~~- , 2008, by Mary F. Pope" Trustee for The Mary F. Pope Qualified Personal Residence Trust dated August 11,2005. tXt2(d..~'1 CA.--- ~ c/J')O?TLo.// Notary Public I My Commi~sion. Expires: 1/ 31J;;.o II Notary RegIstratIon Number: / ')0.:3"" ? 7 r c. (;(p.,.$i-A SIG ATURE V.r' ~ ." APPROVED AS TO LEGAL fl&:. FICIENCY AND FORM ., LL i JIi\;Q 'ir' ."H~ APPROVED AS TO CONTENTS Pi] ~ ml t~t DEPARTMENT X:\Projects\Encroachments\Applicants\Pope, Charles L. - KMJ\CAl 00 1 OPopeAgreement revised June 200S.doc 8 A Tt.ANnC OCEAN N/F CITY OF VIRGINIA BEACH GPIN: 2427 30 8604 0000 8 . be . FRONT TOE _~~____~ 10 12 STAIRS TYP) 14 15__~__\'f'~ . 18 L1:N 414'15" W be ~ 50. 00' --,,"\~------fl---- ----15_ 1 IP(F) PARCEL X N/F ROBERT BAER #200306090088311 3: :". "A :' >ro' LOT 2 .4-:~.:: "-". IP(F) ~-~ ~~ 50.00' IP(F) N 414'15" W S. ATLANTIC A VENUE (50 R/W) (FORMERL Y' CHAUTAUQUA AVE) @ 2008 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. -+-0 ~ BACK TOE AT EX. FENCE EXISTING WALKWAY COMPOSITE DECKING (HA TCHED) GPIN: 2426 .39 7926 0000 INST. #200509270156983 WA TERFRONT CONSUL rING, INC 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PH: (757) 425-:8244 FAX: (757) 216-6687 ENGINEERING SERVICES PROVIDED BY: pee. LLC (757) 773-B084 / PROPOSED BEACH ACCESS 9~ DECK EL: 21.0 OVER CREST DECK AND STAIRS 3' WIDE 16 -..d '0 "\ ,---- FRONT CREST ~____.. BACK CREST 15 IP(F) -:-- EX. FENCE 1-0T 14 LOT 13 N/F JOHN NELSON #200407080105320 b o 1!'5 ..... C"./ o. . .' . . :3 STORY FRAME & STUCCO 1/560 I.C) ....:.. "<l- .': in .'~'- ;t" I.C) co U) LOT 1 N/F JOHN NELSON #200407080105320 PLAN. VIEW SCALE 1. = 40' ENCROACHMENT REQUEST EXHIBIT 'A' F'OR CHARLES L POPE QUAUFlED PERSONAL RESIDENCE lRUST OMARY F'. POPE QUAUFlED PERSONAL RESIDENCE 1RUS LOTS 14 & 2 BLOCK 26, CROATAN -BEACH (M.B. 37 PG. 11) BEACH DISTRICT SHEET'1 Ot ~ DA TE: MAR. 24, 2008 t-ln (I):) ~~ "",'d CJ:) (.) %:r: 0 \\. ~\.aJg\-& :!t- .... c W (,) ~ tii CD ~ ..f \II '6! Z~N ~-l~oci -:! <. <':r: <. %5o(,):E t) 0(1)5<... ~ ffi ffi .o~ ~ g~Q.Q.N 0 ~u..oa~ to- U1ti:(,)~ % ti: :3 ~o .... \.aJ ;} <. ffi . '2 _:) C> X :) 0 NQ..N e ~ 0 \.&1 ~t'u- :> 0 \.&1'6 ~o e5 ~ CS Q. <o:t .N ~ (.) Q. .... c.q ~ Q J": \!2~S 'i (I) ~ <3 :r. '& ~ <. (J') 0::.2 :;j "< <. n~ <.5 ~ <..) ~-;; c.5 Z to U) en O z. t- ~In~ O,q- S.-._1Ol"....w gr6 ?" Z wI"') t'l ~~ o en v' ..I- N r::- 0 to to~ 5 Oc>Vl<'C i~ N.... U ~ .:> ,- en 0 Z W .. tn r-- I- > .x W :. ';;. 5 \..L. c:: ",o;i IJ~ rt") eno ex: f'V''- 0 <t... ..., r-- \J.. \..I- ' w'" 'Q::: tOl.O ex: W~~CD~ (I)""" ~ g ~ \-:::> ~<. j, o:;j N~ ~ <(tf) '=!~ ~ i . ~ '" ~~ . to z"""-- """ z r-: .,. ~I ex: """ t\.. _U) g ':> O~5 'f!. 'Z l{;~ N ...."oJ (5 @ 0- 1< Q 3: w -OJ 5 . Z- <(~i --1~x CL ~ Wi ."0 ('t),~ \ 0 ~~\ -~ I- z..JI ~ _UI ~ ('t) \ x w If) E ~ r n ~ ~ 0 11'\ ~ U) I I I I , I -j 0 1 i J" ~ \D >- i{ <( \h /-j -A1 ~ ~ \/1 {I~ <( [ ~ 0 ~ '<t I i IT ~:t: : Wu ..J n" 5<( r :: <C. I II \- w\J.1 ~ tr. ~ oeD -: 0 " z "'1!ii 'i - 1m. a..~ UlO ;~ 0 ~ ...... I"l ~ llo:l" iO 0 0.. 0 ~ 0.. 0 N \ , ~ ~ ,\ ~ 0 ~ If) r\' tr. -i , <- ~, I ~ \-u ~z w~ \ \ . \ U) '<t N 0 rJ:) U) '<t N 0 rJ:) U) '<t N 0 N N N N ..- ..- ~ ~ ..- I"'t""" .. r'p.. ~JJ ~ '" ;VI CI ~~ ~ ~ \J t>~ . i'5 N~ ~ ~ 0 ' ~ ,~ ~cg _ ~ ..J. ~~ ~i:~ ~ ~ 5 ::J V:l~ ~ ~i!2 ~ 1\10 JV J;r "'" <:( ~ \::;~ .Q .:. ............ - 27- Item V-J.4.d. ORDINANCES/RESOLUTIONS ITEM # 57897 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to A UTHORlZE temporary encroachments into portions of the City's right-of way: GERALDINE R. CLARK to construct and maintain a pier and bulkhead at 2905 Sand Bend Road (DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The temporary encroachment shall 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 Applicant to remove, all or any part of the Temporary Encroachments from the Encroachment Area, in the event of an emergency or public necessity, and the applicant, to the extent of their respective interests therein, shall bear all costs and expenses of such removal. 3. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given. the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 4. The applicant 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 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 applicant. 6. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 7. The applicant must obtain a permit from the Planning Department prior to commencing any construction. 8. The applicant shall establish and maintain a riparian buffer, which shall be a minimum of fzfteen (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 and shall not be established during June, July or August, so that it has the greatest likelihood of surviving. Bond or other security, in an amount equal to the estimated cost of the buffer plantings is required and notification shall be made to the Department of Planning when the plantings are complete. When said plantings are satisfactory, the Bond shall be released. 9, It isfurther understood that an access path stabilized appropriately to prevent erosion, through the buffer to the shoreline is allowed. August 12,2008 - 28 - Item V-J.4.d. ORDINANCES/RESOLUTIONS ITEM # 57897 10. The applicant 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 applicant 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 applicant 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 applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment, 11, The temporary encroachment must conform to the minimum setback requirements established by the City, 12. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes,' may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the Cityls right-ofway encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100,00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes 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 August 12, 2008 ,I I 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS BASS INLET 7 LOCATED AT THE REAR OF 2905 8 SAND BEND ROAD FOR GERALDINE 9 R.CLARK 10 11 WHEREAS, Geraldine R. Clark desires to construct and maintain a pier and a 12 bulkhead in a portion of City property located at the rear of 2905 Sand Bend Road, in 13 the City of Virginia Beach, Virginia. 14 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 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof contained in 99 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Geraldine R. Clark, her 23 heirs, assigns, and successors in title, are authorized to construct and maintain 24 temporary encroachments for a pier and a bulkhead within a portion of the City's 25 property as shown on the map marked Exhibit "A" and entitled: ""ENCROACHMENT 26 REQUEST- 'EXHIBIT A' BULKHEAD and PIER FOR GERALDINE R. CLARK LOT 88, 27 SECTION 3, BACK BAY MEADOWS," a copy of which is on file in the Department of 28 Public Works and to which reference is made for a more particular description; and 29 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 Geraldine R. Clark (the "Agreement"), which is attached 3 3 hereto and incorporated by reference; and 34 3 5 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 3 6 is hereby authorized to execute the Agreement; and 37 38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 39 time as Geraldine R. Clark and the City Manager or his authorized designee execute 40 the Agreement. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of 43 August 2008. CA-10738 X:\OIDlREAL ESTATEIEncroachmentslPW OrdinanceslCA10738 Ciark Ordiance.doc V:lapplicationslcitylawprodlcycom32lWpdocslDO 1 o\P003100062143. DOC R-1 PREPARED: 7/28/08 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~ro- C ~6,.,. nh L1C WORKS, REAL ESTATE ,I I C(MN\~~~ 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 3rd day of June, 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GERALDINE R. CLARK, HER 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 88, Section 3, Back Bay Meadows" as shown on that certain plat entitled: "Section 3 Back Bay Meadows Property of North Bay Development Corp. Princess Anne Borough Virginia Beach, VA Scale- 1"= 100' July 16,1964" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 2905 Sand Bend Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a pier and a bulkhead, 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 City property known as Bass Inlet, located at the rear of 2905 Sand Bend Road, Virginia Beach, Virginia, the "Encroachment Area"; and GPIN 2433-34-4145 (2905 Sand Bend Road) GPIN 2433-33-0267 (City property) 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 REQUEST- 'EXHIBIT A' BULKHEAD and PIER FOR GERALDINE R. CLARK LOT 88, SECTION 3, BACK BAY MEADOWS," a copy of which is attached hereto as "Exhibit A" and to which reference is made for a more particular d escri ptio n. 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 all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Grantee shall defend, 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 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 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 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 3 , I, 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. 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 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 4 I I, Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a pena Ity 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, Gera Idine R. Clark, the said Grantee, has caused this Agreement to be executed by her 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. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 I I 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 ,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/Authorized Designee of the 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: 6 4~~~ Geraldine R. Clark STATE OF VIRGINIA CITY/COUr JT'f OF ''J \ r~ \ Y\ \0... "k.ch to-wit: The foregoing instrument was acknowledged before me this 3 ~ day of ~.tl~ , 2008, by Geraldine R. Clark. lk,n. rI-iJ~ N tary Public Notary Registration Number: \ ~d-d.O;;A My Commission Expires: S J-3 , II ) . I APPROVED AS TO CONTENTS APPROVED AS TO l€ SUFFICIENCY AND FORM ~J' C. ~C>c SIGNA lURE flU R6'})/ [~ DEPARTMENT Uo ~~ 7 wt, s ,i I SANDBR/DGE SHORES BASS INLET --EBB2FLOOD-- N/F CITY OF VIRGINIA BEACH 2433-.33-0267 0' "E 1 00.0 N N 79"26'00UFFER RE~~~O- 15' C!~---- -- - ~ ~ NOTE:: MLW AND MHW REACH EXISTING BULKHEAD PROPOSED BULKHEAD PIN @ 156.85' LOT 87 N/F RITA SWEET 2433-34-3152 PROPOSED PIER 84' BUFFER RESTORA TION: REMOVE TURF TO A DEPTH OF 6", PLACE 4-6" OF MULCH AND PLANT WITH WOODY TYPE VEGETATION z .......... "T\ CJ ?J )> t-:lG) ~O (j.IZr 01fT10 \-\-\ 01-\ ~- CO \"'T'\-...l UI)> .....s. ~- O'lr -<. -\ ?J c: tf) -\ LOT 88 ,PIN(F) :.'/: L=61.74 40.00 ":" . R-150.00 "w . 79'26'00 S SAND BEND ROAD (50' R/W) PLAN VIEW GPIN: 2433 34 4145 ZONING: R-15 (0,8. 1900. PG. 796) @ 2007 WATERfRONT CONSUL TlNG, INC. ALL RIGHTS RESERVED. ~ WATERFRONT ~ CONSULTING, INC 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PH: (757) 425-8244 FAX; (757) 216-6687 ENGINEERING SERVICES PROVIDED BY; pee, LLC (757) 773-8084 SCALE 1" = 30' ENCROACHMENT REQUEST - 'EXHIBIT A' BULKHEAD and PIER FOR GERALDINE R. CLARK LOT 8a, SECTION .3, SACK SAY MEADOWS (M.B. 67 PG, 45) PA saD TIFSSD SHEET 1 OF 1 DA TE: DECEM8ER 20, 2007 - 29 - Item V-5. ORDINANCES/RESOLUTIONS ITEM # 57898 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to AUTHORIZE application for Virginia Department of Transportation (VDOT) $1-Million Revenue Sharing for improvements re the Princess Anne Road/Kempsville Road intersection Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: William R. "Bill" DeSteph and Reba S. McClanan Council Members Absent: None Council Lady McClanan ABSTAINED on Item 1.5 (Princess Anne Road/Kempsville). Council Lady McClanan DISCLOSED and ABSTAINED Pursuant to Section 2.2-3115(G), Code of Virginia, She and her husband have an ownership interest in Kempsville Professional Center, Inc, This Corporation owns property located at 425 South Witchduck Road, near the intersection of Kempsville Road and Princess Anne Road. Council Lady McClanan's correspondence of May 13, 2008, is hereby made a part of the record. Councilman DeSteph ABSTAINED on Item 1.5 (Princess Anne Road/Kempsville). Councilman DeSteph advised he owns property on Princess Anne Road, which is being expanded. August 12, 2008 ,I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 A RESOLUTION TO AUTHORIZE AN APPLICATION FOR STATE FUNDS TO IMPROVE THE PRINCESS ANNE ROAD/KEMPSVILLE ROAD INTERSECTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council hereby supports application for an allocation of $1,000,000 through the Virginia Department of Transportation Revenue Sharing Program to CIP #2-048, Princess Anne Road/Kempsville Road Intersection Improvements. 2. That the City Manager is hereby authorized to execute on behalf of the City of Virginia Beach all necessary project agreements. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of August, 2008. APPROVED AS TO CONTENT: ~~~ anage ent ervlces APPROVED AS TO LEGAL SUFFICIENCY: -Z~ City Attorney's OffiY CA 10827 R-2 August 5, 2008 - 30 - Item V-6. ORDINANCES/RESOLUTIONS ITEM # 57899 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution REQUESTING Virginia Department of Transportation (VDOT) transfer Sf-Million Revenue Sharing from the Lynnhaven Parkway, Phase IX, to the Princess Anne Road - Phase IV project Voting: f f -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 August 12, 2008 I I I I 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO TRANSFER 3 FUNDS FOR ROADWAY CONSTRUCTION 4 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. That City Council requests the Virginia Department of Transportation to 9 transfer $1,000,000 of Revenue Sharing Program funds from CIP #2-157, Lynnhaven 10 Parkway - Phase IX, to CIP #2-305, Princess Anne Road - Phase IV, to maintain the 11 current construction schedule for CIP #2-305. 12 13 2. That the City Manager is hereby authorized to execute on behalf of the City of 14 Virginia Beach all necessary project agreements. 15 16 Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day 17 of Allgll~t- ,2008. ~~!a~ anagemlnt S rvices APPROVED AS TO LEGAL SUFFICIENCY: Z~~ City Attorney's Office APPROVED AS TO CONTENT: CA 10829 R-2 August 5, 2008 - 31 - Item V-7.a/b/dd ORDINANCES/RESOLUTIONS ITEM # 57900 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to ACCEPT and APPROPRIATE from the Virginia Department of Transportation (VDOT): a. $1.5 Million Highway Safety Improvement (HSIP) Grant re bicycle and pedestrian safety improvements b, $1.6 Million Highway Safety Improvement (HSIP) Grant re improvements to high-accident locations c. $1.9 Million Grant re intersection improvements d. A supplemental Grant re a Water Transportation Exhibit at the Lynnhaven House Colonial Education Center (CEC) 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 August 12, 2008 ,I I I 1 AN ORDINANCE TO ACCEPT A GRANT FOR BICYCLE 2 AND PEDESTRIAN SAFETY IMPROVEMENTS 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 1. That the City Council of the City of Virginia Beach, Virginia, requests the 8 Virginia Department of Transportation to establish eight urban system highway projects 9 for the improvements to Virginia Beach Boulevard and Stepney Lane; General Booth 10 Boulevard and London Bridge Road; Norfolk Avenue from Arctic Avenue to Pacific 11 Avenue; Mill Dam Road from First Colonial Road to Great Neck Road; Virginia Beach 12 Boulevard from First Colonial Road to Birdneck Road; London Bridge Road and Shipps 13 Corner Road; Dam Neck Road and Galvani Drive; and Lynnhaven Parkway and S. 14 Independence Boulevard. 15 16 2. That the Council of the City of Virginia Beach agrees to pay its share of the 17 total cost for preliminary engineering, right-of-way and construction of this project in 18 accordance with Section 33.1-44 of the Code of Virginia, and that if the City of Virginia 19 Beach subsequently elects to cancel this project, the City of Virginia Beach agrees to 20 reimburse the Virginia Department of Transportation for the total amount of the costs 21 expended by the Department through the date the Department is notified of such 22 cancellation. 23 24 3. That the City Manager is hereby authorized to execute on behalf of the City of 25 Virginia Beach all necessary project agreements. 26 27 4. That CIP #2-173, Highway Safety Improvement Program, is hereby 28 established as a capital project in the FY 2008-09 capital budget. 29 30 5. That $1,565,000 from the federal Highway Safety Improvement Program is 31 accepted and appropriated in the FY 2008-09 capital budget to CIP #2-173, Highway 32 Safety Improvement Program, with estimated revenues increased accordingly. An affirmative vote from the majority of the members of City Council is required. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of August , 2008. APPROVED AS TO CONTENT: jd' I i Ma~ag~~~,;~?L"L APPROVED AS TO LEGAL SUFFICIENCY: 7::~ ~ City Attorney's Office CA 10828 R-3 August 5, 2008 1 AN ORDINANCE TO ACCEPT A GRANT TO 2 IMPROVE SAFETY AT HIGH-ACCIDENT 3 LOCATIONS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 8 1. That the City Council of the City of Virginia Beach, Virginia, requests 9 the Virginia Department of Transportation to establish an urban system highway 10 project for improvements to the intersections of Holland Road and Rosemont 11 Road, Kempsville Road and Beaufin Road/Brandon Boulevard, Holland Road 12 and Windsor Oarks Boulevard, North Great Neck Road and Lynnhaven Road. 13 14 2. That the Council of the City of Virginia Beach agrees to pay its share of 15 the total cost for preliminary engineering, right-of-way and construction of this 16 project in accordance with Section 33.1-44 of the Code of Virginia, and that if the 17 City of Virginia Beach subsequently elects to cancel this project, the City of 18 Virginia Beach agrees to reimburse the Virginia Department of Transportation for 19 the total amount of the costs expended by the Department through the date the 20 Department is notified of such cancellation. 21 22 3. That the City Manager is hereby authorized to execute on behalf of the 23 City of Virginia Beach all necessary project agreements. 24 25 4. That CIP #2-177, Proactive Safety Improvement Program, is hereby 26 established as a capital project in the FY 2008-09 capital budget. 27 28 5. That $1,682,000 from the federal Highway Safety Improvement 29 Program is accepted and appropriated in the FY 2008-09 capital budget to CIP 30 #2-177, Proactive Safety Improvement Program, with estimated revenues 31 increased accordingly. 32 33 An affirmative vote from the majority of the members of City Council is 34 required. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the 37 1 2thday of l\ugust ,2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ City Attorney's Office CA 10830 R-3 August 5, 2008 1 AN ORDINANCE TO ACCEPT A GRANT FOR INTERSECTION 2 IMPROVEMENTS 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 1. That the City Council of the City of Virginia Beach, Virginia, requests the 8 Virginia Department of Transportation to establish four urban system highway projects 9 for improvements to the intersections of General Booth Boulevard and London Bridge 10 Road, S. Independence Boulevard and Lynnhaven Parkway, S. Independence 11 Boulevard and Dahlia Drive, and Indian River Road and Kempsville Road. 12 13 2. That the Council of the City of Virginia Beach agrees to pay its share of the 14 total cost for preliminary engineering, right-of-way and construction of this project in 15 accordance with Section 33.1-44 of the Code of Virginia, and that if the City of Virginia 16 Beach subsequently elects to cancel this project, the City of Virginia Beach agrees to 17 reimburse the Virginia Department of Transportation for the total amount of the costs 18 expended by the Department through the date the Department is notified of such 19 cancellation. 20 21 3. That the City Manager is hereby authorized to execute on behalf of the City of 22 Virginia Beach all necessary project agreements. 23 24 4. That $1,947,000 from the federal Congestion Mitigation and Air Quality 25 Program is accepted and appropriated in the FY 2008-09 capital budget to CIP #2-190, 26 Congestion Relief/Safety Improvement Program, with estimated revenues increased 27 accordingly. An affirmative vote from the majority of the members of City Council is required. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of August ,2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: "{~~;.., .../) / /-j . . / .., ~an~~~li{;,":~rt.>"'--- ;%?~ ~-- City Attorney's Office CA10831 R-3 August 5,2008 I I 1 AN ORDINANCE TO ACCEPT A GRANT FOR A 2 MUSEUM EXHIBIT AT THE LYNNHAVEN HOUSE 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 1. That Capital Improvement Project # 3-073, "Colonial Education Center 8 Construction and Land Acquisition" is hereby reinstated to the FY 2008-09 capital budget. 9 10 2. That $94,000 from the Virginia Department of Transportation is hereby 11 accepted and appropriated to CIP# 3-073, "Colonial Education Center Construction and 12 Land Acquisition," to complete enhancements to the Water Transportation Museum Exhibit 13 at the Lynnhaven House, with revenue from the federal government increased accordingly. 14 15 3. That the City Manager or his designee is hereby authorized to represent the 16 City in all matters with regard to this Project Agreement with the Virginia Department of 17 Transportation. An affirmative vote from the majority of the members of City Council is required. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of August 2008. Approved as to Content: Approved as to Legal Sufficiency: Z~r City Attorney's Office CA 10826 R-3 August 5, 2008 - 32 - Item V-8a/b ORDINANCES/RESOLUTIONS ITEM # 57901 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to ACCEPT and APPROPRIATE re Human Services: a. Fundingfor Mental Health Law Reform and Child and Adolescent services b. A Grant from the Governor's Office for Substance Abuse Prevention for Families and Schools re Children At-Risk 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 August 12,2008 1 AN ORDINANCE TO ACCEPT STATE FUNDING FOR THE 2 DEPARTMENT OF HUMAN SERVICES 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 1, That $324,826 from the Virginia Department of Mental Health, Mental 8 Retardation and Substance Abuse Services is hereby accepted and appropriated to the 9 Department of Human Services' FY 2008-09 Operating Budget to meet personnel and 10 operating requirements for new state regulations, with revenue from the commonwealth 11 increased accordingly. 12 13 2. That the Department of Human Services is hereby increased by 6.05 FTEs, 14 including: 15 16 . Six additional full-time FTEs: one (1) MHMR Clinician III, four (4) MHMR 17 Clinician II, and one (1) MHMR Supervisor I; 18 19 . A part-time (0.95 FTE) Clinician III is hereby increased to a full-time Clinician 20 III. An affirmative vote from the majority of the members of City Council is required. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of August 2008. Approved as to Content: Approved as to Legal Sufficiency: ;e~~ City Attorney's Office CA 10825 R-3 August 5, 2008 ,I I 1 AN ORDINANCE TO ACCEPT A GRANT FOR SUBSTANCE 2 ABUSE PREVENTION 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That $48,695 in federal pass-through funding from the Governor's Office for 8 Substance Abuse Prevention is hereby accepted and appropriated to the Human Services' 9 FY 2008-09 Operating Budget to provide services to children at risk for abuse and neglect, 10 with revenue from the federal government increased accordingly. An affirmative vote from the majority of the members of City Council is required. of Adopted by the Council of the City of Virginia Beach, Virginia on the 12th August 2008. day Approved as to Content: Approved as to Legal Sufficiency: "<~<... I' j P /,/ /) I/ik ' ::&~'~.,/ r/. . Managem~~ ~~~~{s .---~, Ci~=e~ CA 10824 R-3 August 5, 2008 ,I I - 33 - V-K. PLANNING ITEM 57902 1. NIMMO CHILDCARE AND RESOURCE LEARNING RECONSIDERATION CENTER, INC. Modification of Conditions (Denied May 6, 2008) 2. APPLICATIONS FOR MODIFICATIONS OF CONDITIONS a. NEW FAITH CHRISTIAN FELLOWSHIP (Approved on January 11,2005, as Miracle Temple Worship Center, Inc.) b. WAL-MART REAL ESTATE BUSINESS TRUST (Approved December 5, 2000, and August 5, 2003) c. VICTORY BAPTIST CHURCH (Approved December 8,1998) 3. APPLICATIONS FOR CONDITIONAL USE PERMITS a. MARCUS HOLMAN HOME OCCUPATION (photography) b. RICHMOND 20 MHZ, LLC. (t/a Ntelos) COMMUNICATION TOWER c. NEW CINGULAR WIRELESS PCS, L.L.C. (t/aAT & T) COMMUNICATION TOWER d. CENTERVILLE BINGO, INC. BINGO HALL e. MARYANNE GRADO t/a COSMO's CORNER COMMERCIAL KENNEL f. SANDRAKSAWYER T/A Sandy's Angels Daycare IN-HOME DA YCARE g. CHECKERED FLAG MOTOR CAR CO., INC. MOTOR VEHICLE SALES 4. DA VE WILSON NONCONFORMING USE 5. WELDENFIELD OF VIRGINIA, L.L.c. CONDITIONAL CHANGE OF ZONING August 12, 2008 - 34 - Item V-K ITEM 57903 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, Items 2,alblc, 3a1blc/e/f/g and 4 of the PLANNING BY CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 12, 2008 I I I - 35 - .Item V-Xl. ITEM 57904 PLANNING Attorney Morris Fine, 2101 parks Avenue, Phone: 422-1678, represented the applicant and advised the Staff and Planning Commission have supported this application. There is a needfor a regulated day care center for the City. The following registered in OPPOSITION: Marilyn Danner, 2601 West Landing Road, Phone: 426-7390, complimented the City Council and encouraged adherence to the Comprehensive Plan George Pilgrim, 2200 Zia Drive, Phone: 301-3329, resident of Lago Mar, expressed concern re the safety and traffic issues and referred to Page 3 of the staff report: Herb Jones, 2313 Sandpiper, Phone: 721-1103, advised the Comprehensive Plan speaks clearly to this issue. Mr, Jones referenced Page 98 (track on southeast corner of Nimmo Parkway and General Booth Boulevard) is plannedfor neighborhood office use per parcel located along General Booth Boulevard and single family residential use behind the office use at densities compatible with the existing residential development in the area). A MOTION was made by Council Lady Henley, seconded by Council Lady McClanan, to DENY the August 12, 2008, RECONSIDERATION of the application for NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC. re the Modification of Conditions (approved by City Council on November 23, 1993, in behalf of Donald G. Pratt and denied May 6, 2008) Upon SUBSTITUTE MOTION by Councilman Villanueva, seconded by Councilman DeSteph, City Council RECONSIDERED and ADOPTED the application for NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC. re the Modification of Conditions (approved by City Council on November 23, 1993, in behalf of Donald G. Pratt and denied May 6, 2008) ORDINANCE UPON APPLICATION OF NIMMO CHILDCARE & RESOURCE LEARNING CENTER, INC. FOR THE MODIFICATION OF CONDITIONS FOR A REQUEST APPROVED BY CITY COUNCIL ON NOVEMBER 23,1993 (DONALD G. PRATT) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Nimmo ChildCare & Resource Learning Center, Inc. for the Modification of Conditions for a request approved by City Council on November 23, 1993 (Donald G. Pratt), Property is located at 2244 General Booth Boulevard (GPIN 2414066572). DISTRICT 7 - PRINCESS ANNE. August 12, 2008 - 36 - .Item V-K.1. ITEM 57904 (Continued) PLANNING The following condition shall be required: 1. Agreement encompassing revised proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. The Internal Traffic Circulation Plan was revised dated June 4, 2008, Proffer 2 was AMENDED to permit childcare facilitates, This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of August Two Thousand Eight Voting: 8-3 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M Henley, Reba S. McClanan and Mayor Meyera E. Oberndorf Council Members Absent: None August 12, 2008 ,I I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6914 FROM: DATE. August 1, 2008 / Le6lie L. Lilley DEPT. City Attorney /S. Kay Wilson~ DEPT. City Attorney TO' RE. Conditional Zoning Application; Nimmo Childcare & Resource Learning Center, Inc. The above-referenced conditional zomng application IS scheduled to be heard by the City Council on August 12, 2008. I have reviewed the subject proffer agreement, dated January 16, 2008 and have determined it to be legally suffiCIent and In proper legal form. A copy of the agreement IS attached. Please feel free to call me if you have any questions or wish to discuss this matter further SKW/bm Enclosure cc: K~r Hassen This Document Prepared bv: Fine, Fine, Legum & McCracken, LLP Title Insurance Not ProvIded for In thIs Transaction THIS AGREEMENT made this /(, day of January, ::008 by and between DONALD G. PRATT, Property Owner, herein referred to as Grantor, party ofthe first part; and THE CITY OF VIRGINIA BEACH, a municipal corporatIon of the Commonwealth of Virginia, Grantee, party of the second part. W I T N E ~ ~ E T H: WHEREAS, Property Owner is the owner of certam parcels of property located in the Princess Anne district of the City of Virginia Beach, more particularly described as follows: See Exhibit "A" saId parcels hereInafter collectively referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the zoning map of the City of Virginia Beach. Virginia, by petition addressed to the Grantee so as to change the Zoning ClassificatIon of the Property from R-20 to 0-1, havmg been prevIously rezoned by agreement dated June 10, 1993 duly recorded on November 29,1993, In Deed Book 3307, at page 417; and WHEREAS, the Grantee's policy IS to provide only for the orderly development of land for varIOus purposes through zOlllng and other land development lCl.pslatlOn; and WHEREAS, the Grantor acknowledges that the competIng and sometImes incompatible development of various types of uses conflict and that in order to permit different types of uses on and in the area of the Property and at the same tIme to recogmze the elJects of change that will GPIN No.2414-06-6572-0000 Page I of6 :t '\ ~ Qt_ Owner's InitIals be created by the Grantor's proposed rezomng, certain reasonable conditIOns governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in wrIting, III advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zonmg Map WIth respect to the Property, the following reasonable conditIOns related to the physIcal development, operation, and use of the Property to be adopted as a part of saId amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, Grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezomng, site plan, building permIt, or subdiVIsion approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants runnmg WIth the Property. which shall be binding upon the Property and upon all partIes and persons claIming under or through the Grantor, ItS successors, personal representatives, assigns, Grantee, and other successors III interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Preliminary layout Exhibit A General Booth Office Building", dated July 27, 2005 prepared by Site Improvement Associates, Inc., which has been exhibited to the Virginia Beach City ,. /.///" i ,/ Owner's Initials Page 2 of6 Council and is on file wIth the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The use of the Property shall be limIted to (a) business offices; (b) medical and dental offices and clinics and laboratory; legal, engineering, architectural and other professional offices; accounting and bookkeeping offices; (c) florist retail; and (d) educatIOnal, child day care facility, before and after school care, children summ~r and non-school day programs; all in accordance with a conditional zoning duly approved by the City Council of the City of Virginia Beach. 3 Access to the Property from General Booth Boulevard shall be in accordance with the Deed of Easement and Agreement dated December] 6, ] 99], and recorded m the Office of the Clerk of the Circuit Court of the City of Virginia Beach, in Deed Book 3055, at page 2018. 4. Lighting on the Property shall be directed inward and not toward surrounded property 5 The existmg residential structure shall be maintained and exterior improvements of any structure located on the Property will be constructed and mamtained m a manner aesthetically compatible with adjoining residential uses and with Nimmo Church. 6. Provide privacy fencing along the southern property line adjacent to the residentIal property 7. The daycare and before/after school program drop-off and pick up shall be scheduled In a manner to limit traffic entering the site to no more than 35 trips within anyone hour time frame. A right turn lane IS required Iftrips entering the site exceed 35 trips WIthin anyone hour time frame. 8. Grantor will develop a scheduled drop-off at the facility commencing at 6:00 o'clock a.m. 9 Grantor will internally develop a safe traffic program and educate the staff and parents on the importance of the program for the safety of the children Within their care as well as a safe ingress and egress from the property. 10. In the event of the sale of the day care and/or proY1.~ rty,J1.;a~ n r will disclose all ~Owner's InitIals Page 3 of 6 proffers and approved site plan conditions to any potential buyer, which disclosure shall be acknowledged by the buyer in the purchase and sale agreement. 11. Further conditions may be required by the Grantee during detailed Site Plan review and admmistration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 12. These Proffers supercede all previous Proffers with respect to the Property described herein. All references heremabove to the 0-1 Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue In full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall contmue despite a subsequent amendment to the Zomng Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantIally revised Zoning Ordinance until specifically repealed. The conditIOns, however, may be repealed, amended, or varied by wntten instrument recorded m the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virgima, and executed by the record owner or the Property at the time of recordation of such instrument, provided that such mstrument is consented to by the Grantee m writing as eVidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the pr~.' ~ Page 4 of6, on 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said mstrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virgmia, to administer and enforce the foregoing conditions and restrictions, mcluding the authority (a) to order, in writing, that any noncompliance wIth such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropnate action, suit, or proceeding; (2) The failure to meet all conditions and restnctIOns shall constItute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Admmistrator, made pursuant to these provisIOns, the Grantor shall petition the governing body for the reVIew thereof pnor to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zOlllng of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection m the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, VirgInIa, and mdexed m the names of the Grantor and the Grantee. Page 5 of ffi {L'.".V (J/ ~ / Owner's Initials ,i I WITNESS the following signatu STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-WIt: I, ,t/" /e/'f(. A. Kt. (Jt>>'t.. , a Notary Public in and for the City and State aforesaid, do hereby certify that Donald G. Pratt, whose name is signed to the foregoing Instrument dated the I (, day of January, 2008 did personally appear before me In my City and State aforesaid and acknowledge the same before me. GIVEN under my hand and seal this / (, day of January, 2008. {IJ-- a.~ Notary Public My commIssion expires: .. ..;' ~ - 02., I ~ Registration No.: o//ol./ ~:? __ A. .... ...... .... ~.A- .. ....... .,.,. ~on . .11 Page 6 of 6 Exhibit "A" ALL THAT certain lot, piece or parcel of land, lymg, situate and being m the City of Virgmia Beach, Virginia; near Nimmo Church, numbered and designated as Lot A, upon that certain plat entitled, "Subdivision of Property, Charles C. Hickman, et ux, D.B. 482, P. 21, M.B. 25 P. 70, Princess Anne Borough, Virginia Beach, Virginia, Scale I" = 100', September 24, 1971, W B. Gallup, Surveyor," said lot being of the size and dimension as shown on said plat, which is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 88, at Page 45, to which reference is hereby made for a more particular descnption for the land herein conveyed. - 37 - Item V-K2 a.. ITEM 57905 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of NEW FAITH CHRISTIAN FELLOWSHIP for Modification of Conditions for a request (approved on January 11, 2005 as Miracle Temple Worship Center, Inc.) ORDINANCE UPON APPLICATION OF NEW FAITH CHRISTIAN FELLOWSHIP FOR THE MODIFICATION OF CONDITIONS FOR A REQUEST APPROVED BY CITY COUNCIL ON JANUARY 11, 2005 (MIRACLE TEMPLE WORSHIP CENTER, INC.). BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NEW FAITH CHRISTIAN FELLOWSHIP for the Modification of Conditions for a request approved by City Council on January 11, 2005 (Miracle Temple Worship Center, Inc.). Property is located at 3900 Bonney Road, Suite 113 (GPIN 1487234976). DISTRICT 5 - LYNNHA VEN The following conditions shall be required: 1. All conditions, with the exception of Number 1 and 2, attached to the Conditional Use Permit granted by the City Council on January 11, 2005, shall remain in affect. 2, Condition Number 1 of the January 11, 2005, Conditional Use Permit is deleted and replaced with the following: "Church gatherings shall be limited to Sundays, between 8:00 a.m. and 10:00 p,m., office hours and ministry services shall be limited to Monday through Saturday, 8:00 a,m. until midnight". 3. Condition Number 2 of the January 11, 2005, Conditional Use Permit is deleted and replaced with the follOWing: "No more than 200 people shall be present at the church during any Sunday gathering. " 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 Twelfth of August Two Thousand Eight 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 August 12, 2008 I I - 38 - .Item V-K2.b. ITEM 57906 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of WAL-MART REAL ESTATE BUSINESS TRUST for a Modification of Conditions of requests (approved on December 5,2000 and August 5,2003) at 1149 Nimmo Parkway WAL-MART REAL ESTATE BUSINESS TRUST FOR THE MODIFICATION OF CONDITIONS OF REQUESTS APPROVED BY CITY COUNCIL ON DECEMBER 5, 2000 AND AUGUST 5, 2003. PROPERTY IS LOCATED AT 1149 NIMMO PARKWAY BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA WAL-MART REAL ESTATE BUSINESS TRUST for the Modification of Conditions of requests approved by City Council on December 5, 2000 and August 5,2003. Property is located at 1149 Nimmo Parkway (GPIN 2414256765), AICUZ is 65-75. DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. All conditions, with the exception of Number 2, attached to the Conditional Use Permitfor an automobile service establishment, approved by the City Council on December 5, 2000, shall remain in affect, 2. Condition Number 2 of the Conditional Use Permit referenced above is deleted and replaced with the following: "No outside display of tires for sale is permitted. Storage of tires is permitted if tires are stored within an enclosure constructed of building materials that match the existing building and are completely screenedfrom view as determined by the Planning Director or his designee. " 3. All conditions attached to the Conditional Use Permit for bulk storage was approved by the City Council on August, 2003 remain in affect. 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 Twelfth of August Two Thousand Eight 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 August 12, 2008 I I - 39 - Item V-K2.c. PLANNING ITEM 57907 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of VICTORY BAPTIST CHURCH for Modification of Conditions for a request (approved on December 8, 1998) at 4125 Indian River Road ORDINANCE UPON APPLICATION OF VICTORY BAPTIST CHURCH FOR THE MODIFICATION OF CONDITIONS FOR A REQUEST APPROVED BY CITY COUNCIL ON DECEMBER 8, 1998, BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of VICTORY BAPTIST CHURCH for the Modification of Conditions for a request approved by City Council on December 8, 1998. Property is located at 4125 Indian River Road (GPIN /474534410). AICUZ is Less than 65. DISTRICT 1 - CENTERVILLE The following conditions shall be required: I. All conditions, with the exception of Number 2, of the Conditional Use Permit granted by the City Council on December 8, 1998, shall remain in affect, 2. Condition Number 2 of the December 8, 1998, Conditional Use Permit is deleted and replaced with the following: The property shall be developed substantially I accordance to the site plan prepared by John E. Sirine & Associates, LTD., dated May 16, 2008, entitled, "Site Plan of 10.003 Acres, Property of Trustees of Victory Baptist Church for Victory Baptist Church, " and has been exhibited to the City Council and is onfile with the Planning Department. 3. The proposed two (2) -story dwelling and the existing one (1) -story dwelling, as depicted and identified on the plan in Condition 2 above, shall not be rented or sold as a dwelling unit, used for rehabilitation facilities of any kind, or for any other residential use not approved with this Conditional Use Permit. The use of the two (2) dwellings shall be limited to a parsonage, day care (consistent with the original Use Permit), and/or church offices and church meeting space only. Any other uses than those listed herein as permitted shall require a modification to this Conditional Use Permit, 4. A Certificate of Occupancy shall be required prior to issuance of any final releases. Should the dwelling unit(s) change use over the course of time from one of the uses listed in Condition 3 above to another listed use, all Building Code requirements shall be met, and a request to change the use shall be filed with the Building Official's Office. 5, The proposed two (2) story dwelling and the existing dwelling, as depicted and identified on the plan in Condition 2 above, shall be connected to both City water and sewer. 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 Twelfth of August Two Thousand Eight August 12, 2008 - 40- Item V-K.2.c. PLANNING ITEM 57907 (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 1. Wood Council Members Voting Nay: None Council Members Absent: None August 12, 2008 I I - 41 - Item V-K.3.a. PLANNING ITEM 57908 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of MARCUS HOLMAN for a Conditional Use Permit for a home occupation (photography): ORDINANCE UPON APPLICATION OF MARCUS HOLMAN FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (PHOTOGRAPHY) R080835284 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Marcus Holman for a Conditional Use Permit for a Home Occupation (Photography) on property located at 920 Cardinal Road (GPIN 2418323979), AICUZ Is 65-70. District 5 - L YNNHA VEN The following conditions shall be required: 1. Appointments for photography sittings shall be scheduled so there is no overlap of appointments at any time. 2. All parkingfor customers and employees shall be met on the site and shall not spillover onto Cardinal Road. Parking shall be located on the asphalt driveway and parking area only and shall not spillover onto the front yard. 3. Hours of operation shall be Tuesday through Saturday, 9:00 a.m. to 6:00 p,m. 4. The Conditional Use Permit shall be administratively reviewed in one (1) year for compliance with the conditions listed above. 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 Twelfth of August Two Thousand Eight 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 August 12, 2008 - 42- Item V-K.3.b. PLANNING ITEM 57909 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED a Ordinance upon application of RICHMOND 20 MHZ, LLC, D.B.A. NTELOS for a Conditional Use Permitfor a Communication Tower: ORDINANCE UPON APPLICATION OF RICHMOND 20 MHZ, LLC, D.B.A. NTELOS FOR A CONDITIONAL USE PERMIT FOR A COMMUNICA TION TOWER R080835285 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RICHMOND 20 MHZ, LLC, D,B.A. NTELOS for a Conditional Use Permit for a communication tower on property located at 5817 Wesleyan Drive (GPIN 1468032646). AICUZ is less than 65. DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. The stealth tower shall be constructed substantially as shown on the site plans entitled, "NTelos, Wesleyan Pines, NR-5429, 5817 Wesleyan Drive, Virginia Beach, VA 23462, " prepared byALLPRO Consulting Group, Inc., dated 04/18/08, This site plan has been exhibited to City Council and is onfile with the Department of Planning. 2. The tower with antennas and lightning rod shall not exceed 124 feet in height. 3. The final ingress and egress shall be subject to the review and approval of the City of Virginia Beach Public Works Department, and, as such, a site plan must be submitted to the Development Services Center if deemed necessary, 4, In addition to the landscaping andfencing shown on the plan entitled, "Landscape Plan, sheet L-1, NTelos, Wesleyan Pines, NR-5429, 35817 Wesleyan Drive, Virginia Beach, VA 23462, "prepared by ALLPRO Consulting Group, Inc., dated 04/18/08, slats shall be installed in the proposed chain-linkfence in order to aid infurther screening the ground equipment. In lieu of a chain-link fence with slats, the applicant may install a solid fence. No barbed wire shall be permitted. Landscaping around the tower shall comply with the City ordinance requirements. 5, In the event interference with any City emergency communications facilities results from the use of this tower and antennas, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. Should the antennas cease to be usedfor a period of more than one (1) year, the applicant shall remove the tower, antennas and related equipment from the property. 7. No signs indicating the location of this facility are allowed. August 12, 2008 - 43 - Item V-K.3.b. PLANNING ITEM 57909 (Continued) 8. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the plan described in Condition 1 and a structural report is submittedfrom a Licensed Structural Engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local Building Code. 9. As required by Section 232 of the City of Virginia Beach Zoning Ordinance, a structural report shall be submitted duringfinal site plan review, 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 Twelfth of August Two Thousand Eight 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 August 12,2008 I I - 44- Item V-K.3.c. PLANNING ITEM 57910 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of NEW CINGULAR WIRELESS PCS, L.L.C. (t/a AT&T) for a Conditional Use Permitfor a communication tower: ORDINANCE UPON APPLICATION OF NEW CINGULAR WIRELESS PCS, L.L.c. (r/A AT&T) FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER R080835286 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NEW CINGULAR WIRELESS PCS, L.L.c. (r/A AT&T) for a Conditional Use Permit for a communication tower on property located at 109 North Birdneck Road (GPIN 2417447614). AICUZ is Greater than 75 and APZ-l. DISTRICT 6 - BEACH The following conditions shall be required: 1. When developed and installed, the tower and antennas shall be in substantial conformance with the plans entitled, "AT & T Norfolk Avenue NF305B 109 N. Birdneck Road Virginia Beach, VA 23451 (Sheets T-l, C-l, C-3 with a revision date 5/15/08; N-l, N-2, N-3, C-4, C-5, C-6, C-7, E-l, E-2, E-3, E-4, E-5, E-6, E-7, E-S & L-l with a revision date 5/13/0S; SP-l dated 4/23/08; C-2 with a revision date 5/16/08), prepared by SAI Communications with consultants ALLP RO Consulting Group, Inc. 2. The tower shall be limited to a total height of 1 09 '-6" with or without a lightning rod total height. In no instance shall antennas be extended higher than the existing 1 09 '-6" high tower. 3. The applicant shall install afence around the proposed telecommunication tower and/or ground equipment depicted on the site plan, with final approval at the discretion of the Planning Director. No new fencing shall have barbed wire. Existing chain linkfencing around the tower lease area shall have slats provided for additional screening. Landscaping around the tower shall comply with the City ordinance requirements where applicable. Dead landscaping along the existing fence on Millers Lane shall be replaced with approved landscaping material. Additional landscaping may be provided on the adjacent property to the west of the lease area with approval of adjacent property owner. 4. No signs indicating the location of this facility are allowed. 5. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users, August 12, 2008 - 45 - Item V-K.3.c. PLANNING ITEM 57910 (Continued) 6. In the event interference with any City of Virginia Beach emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. if the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 7. The Director of Planning may allow the installation of a type of antennas different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the plan described in Condition 1 and a structural report is submitted from a Licensed Structural Engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. 8. Should the antennas cease to be used for a period of more than one (J) year, the applicant shall remove the antennas, tower and related equipment. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of August Two Thousand Eight 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 August 12, 2008 - 46- Item V-K 3.ll. PLANNING ITEM 57911 Attorney John Richardson, represented the applicant and requested DEFERRAL to allow meeting with the affected Civic Leagues concerning the application Upon motion by Councilman Dyer, seconded by Vice Mayor Jones, City Council DEFERRED thirty (30) days until the City Council Session of September 9,2008, Ordinance upon application ofCENTERVILLE BINGO, INC. for a Conditional Use Permit for a bingo hall: ORDINANCE UPON APPLICATION OF CENTERVILLE BINGO, INC. FOR A CONDITIONAL USE PERMIT FOR AN ASSEMBLY USE (BINGO HALL) Ordinance upon application of CENTER VILLE BINGO, INC. for a Conditional Use Permit for an assembly use (bingo hall) on property located at 1920 Centerville Turnpike, Unit 114A (GPIN 1455914345). DISTRICT 1 - CENTERVILLE Councilman Dyer advised a Town Hall Meeting is being convened with Civic Leagues in the Centerville District to hear Citizen concerns, thus the request to Defer. The Police will be in attendance to assure adequate protection. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 12,2008 I I - 47- Item V-K 3.e. PLANNING ITEM 57912 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of MARYANNE GRADO (tla Cosmo's Corner) for a Conditional Use Permit re commercial kennel (dog daycare) WITH NO TRAINING ALLOWED: ORDINANCE UPON APPLICATION OF MARYANNE GRADO/COSMO'S CORNER FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL KENNEL (DOG DAYCARE FACILITY) R080835287 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MARYANNE GRADO/COSMO'S CORNER for a Conditional Use Permit for a commercial kennel (dog daycare facility) on property located at 505 Central Drive, Suites lOl- 102 (GP IN 14968990030505). DISTRICT 6 - BEACH The following conditions shall be required 1. The applicant shall, annually, submit to the Zoning Administrator evidence that the dogs are up-to- date on any required shots and are properly licensed 2. The applicant shall comply with the terms and conditions of the Grant of Easement governing this property including the following: a. No training (i. e" basic obedience, agility, canine good citizen, free style, fly ball, etc.) shall be conducted on the property b. Only office space maintained in connection with the allowed use of bulk storage/parking shall be permitted c. No retail sales shall be conducted, except as an auxiliary function of enterprises permitted d No storage, distribution or handing of explosives, petrochemicals or petroleum-related products shall be allowed at the facility e. Nothing on the property shall exceed the height restriction over the property f No unidentified use in violation of any other easement restrictions shall be permitted 3. lfit is determined by the Zoning Administrator that the proposed commercial kennel is generating a parking problem, any fencing or other structures obstructing City approved parking spaces shall be removed Dog training is not allowed at this facility, as it is not allowed under the terms and conditions of the Grant of Easement owned bv the United States Navv. August 12, 2008 - 48 - Item V-K 3.e. PLANNING ITEM 57912 (Continued) This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance, Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of August Two Thousand Eight 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 August 12, 2008 I I - 49- Item V-K 3.f. PLANNING ITEM 57913 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of SANDRA K. SA WYER (Sandy's Angels Daycare) for a Conditional Use Permit re in-home daycare of up to twelve (12) children: ORDINANCE UPON APPLICATION OF SANDRA K. SAWYER FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (DAY CARE) R080835288 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of SANDRA K. SAWYERfor a Conditional Use Permit for a home occupation (day care) on property located at 5621 Parkland Court (GPIN 1466000982). AICUZ is Less than 65 dB. DISTRICT 1- CENTERVILLE. The following conditions shall be required: 1. The home daycare shall be limited to a total of 12 children other than children living in the home. There shall be no more than five (5) children under the age of 2 ~ in the home at one time as required by the Department of Social Services. 2. A solid fence with a minimum height of six (6) feet, to be maintained in good condition at all times, shall be installed along any property line adjacent to the outdoor play area, as long as the Conditional Use Permit for home day care is in effect. 3. A fence, meeting the requirements of the Department of Social Services, shall be installed to separately enclose the swimming pool from the backyard and play area so that at no time could a child enter the pool area without the assistance of an adult, Fence shall have self-closing and locking gates. Said fence shall be installed prior to the issuance of a Certificate of Occupancy or any other required licensers) by the City of Virginia Beach and the International Building Code, 4. The applicant shall install an alarm for the swimming pool that will signal an alert if a child or any other unauthorized person has entered or fallen into the pool. 5. The applicant shall provide a notice to each parent or legal guardian of each child-in-care at this site stating that an in-ground swimming pool exists on the property, Said notices shall contain the signature of each parent or legal guardian of each child and each signed notice shall be forwarded to the Zoning Administrator immediately upon the notice being signed by the parent or legal guardian. 6. No signs advertising the home daycare shall be permitted on the lot or any buildings on the lot at any time. 7. The applicant shall obtain, within six (6) months of the approval of this request, a family Daycare home license with the Commonwealth of Virginia and shall maintain said license in good standing, Failure to maintain afamity Daycare home license shall result in revocation of this Use Permit. 8, The applicant shall receive a Certificate of Occupancy from the Building Official for the home daycare/residential use. August 12, 2008 - 50 - Item V-K 3.f. PLANNING ITEM 57913 (Continued) This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance, Adopted by the Council of the City of Virginia Beach. Virginia, on the Twelfth of August Two Thousand Eight 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 August 12, 2008 I I - 51 - Item V-K 3.g. PLANNING ITEM 57914 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of CHECKERED FLAG MOTOR CAR CO., INC. for a Conditional Use Permit for motor vehicle sales and service: ORDINANCE UPON APPLICATION OF CHECKERED FLAG MOTOR CAR Co., INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND SERVICE) R080835289 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CHECKERED FLAG MOTOR CAR Co., INC. for a Conditional Use Permit for motor vehicle sales and service on property located at 5070 Virginia Beach Boulevard (GPIN 1467960131). DISTRICT 4 - BAYSIDE. The following conditions shall be required: 1, The parking lot shall be striped as depicted on the submitted concept site plan of "5070 WITCHDUCK ROAD, City of Virginia Beach, VIRGINIA ", dated 3128108, prepared by LandMark Design Group. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. Vehicles shall be parked within the delineated parking spaces, and no vehicles shall be parked within any portion of the public right-of way. Vehicles shall not be displayed on raised platforms. 3. The landscaping shall be supplemented along Virginia Beach Boulevard and North Witchduck Road. The applicant shall request an inspection of the landscaping by Planning staff before a business license is issued to operate on the site. 4. A Lighting Plan andlor Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. 5. There shall be no pennants, streamers, balloons, portable signs or banners displayed on the site or the vehicles. 6. A monument style freestanding sign shall be permitted on this site, no more than eight (8) feet in height. There shall be no neon signs or neon accents installed on any wall area of the exterior of the building, windows, and lor doors, light poles, or any other portion of the site. There shall be no signs in excess offour (4) square feet installed or displayed on the exterior or interior of the windows of the building. 7. No outdoor speakers or public address system shall be permitted. August 12, 2008 - 52 - Item V-K 3.g. PLANNING ITEM 57914 (Continued) 8. All concrete, asphalt, and/or pavers that have been installed on the southeast portion of the site adjacent to (or within) the Virginia Beach Boulevard right-of-way and the used car dealership to the east shall be removed. This area shall be landscaped and the portion of the stormwater management facility depicted on the submitted site plan shall be re-installed. The applicant shall not permit use of this area for any motor vehicle sales, display or storage. This condition shall be met within forty-five (45) days of City Council approval and before a business license is issued to operate on the site, 9. All containers shall be removed from the site. 10. The applicant shall determine and provide written field verification of the as-built condition and functionality of the existing stormwater drainage infrastructure on site, and shall provide to the City Department of Planning / Development Services Center evidence of stormwater drainage rights into Witchduck Lake. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of August Two Thousand Eight 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 August 12, 2008 - 53 - Item V-K4. PLANNING ITEM 57915 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Resolution upon application of DA VE WILSON for the expansion of a Nonconforming Use at 109 53rd Street re alterations and additions: APPLICATION OF DAVE WILSON FOR THE EXPANSION OF A NONCONFORMING USE AT 109 53RD STREET RE ALTERATIONS AND ADDITIONS Application of DA VE WILSON for the Expansion of a Nonconforming Use on property located at 109 53rd Street (GPIN 2418896842). DISTRICT 5 - LYNNHA VEN. The following conditions shall be required: 1. The applicant shall obtain all necessary permits and inspections and Certificate of occupancy from the Permits and Inspections Division of the Planning Department. 2. All additions and alterations shall be in accordance with the physical survey and building plans submitted with the request and on file in the Planning Department. Said physical survey and building plans have been exhibited to the City of Virginia Beach City Council. 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 August 12, 2008 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 109 53rd Street, LYNNHAVEN DISTRICT 4 WHEREAS, William C, Wood, Trustee of the Margaret Ashley Wilson (now 5 Ashley W. Shepardson) Irrevocable Trust, William C. Wood, Trustee of the Elaine Blair 6 Wilson (now Blair W. Dillard) Irrevocable Trust and William C. Wood, Trustee of the 7 David G. Wilson, III Irrevocable Trust (hereinafter the "Applicant"), has made application 8 to the City Council for authorization to enlarge a nonconforming use with additions and 9 alteration to a garage apartment on a certain lot or parcel of land having the address of 10 109 53rd Street, in the R-5R Zoning District; and 11 12 WHEREAS, the said use is nonconforming, as the parcel contains two dwelling 13 units, which is not presently allowed in the R-5R Zoning District, but such dwelling units 14 were constructed prior to the adoption of the Zoning Ordinance; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 17 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 18 City Council authorizing such action upon a finding that the proposed use, as enlarged, 19 will be equally appropriate or more appropriate to the zoning district than is the existing 20 use; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed use, as enlarged, will be 26 equally appropriate to the district as is the existing use. 27 28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 29 BEACH, VIRGINIA: 30 31 That the enlargement of the garage apartment is hereby authorized, upon the 32 following conditions: 33 34 1. The applicant shall obtain all necessary permits and inspections and certificate of 35 occupancy from the Permits and Inspections Division of the Planning 36 Department. 37 38 2. All additions and alterations shall be in accordance with the physical survey and 39 building plans submitted with the request and on file in the Planning Department. 40 Said physical survey and building plans have been exhibited to the City of 41 Virginia Beach City Council. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on theJ2.tlL day of 44 August, 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA10820/R-3/July 31, 2008 - 54 - Item V-K.5. PLANNING ITEM 57916 Attorney Edward Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Phone: 499-8971, represented the applicant, This property is within Strategic Growth Area 2 under the Comprehensive Land Use plan and consists of 46.2 acres. This zoning would result in 1600 plus fewer vehicle trips per day. A traffic impact study has been provided. This application was previously deferred pending receipt by City Council of the Malcolm Pirnie report concerning the adjacent landfill, There are already in existence two hundredfifty (250) homes and other properties zoned by right residentially. Proffer 9 requiring disclosure of the City's landfill and its potential expansion has been added. Upon motion by Councilman DeSteph, seconded by Councilman Diezel, City Council DEFERRED NOT TO EXCEED SIX (6) MONTHS/ STAFF TO WORK WITH APPLICANT ON SPECIFIC OPTIONS an Ordinance upon application of WELDENFIELD OF VIRGINIA, L.L.e. for a Change of Zoning from I-I Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD-H2 Overlay re developing singlejamily dwellings and townhomes at Regent University Drive and Jake Sears Road ORDINANCE UPON APPLICATION OF WELDENFIELD OF VIRGINIA, LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 1-1 LIGHT INDUSTRIAL DISTRICT, R-5D RESIDENTIAL DUPLEX DISTRICT AND 0-2 OFFICE DISTRICT TO CONDITIONAL R-7.5 RESIDENTIAL DISTRICT WITH A PD-H2 OVERLAY Ordinance upon application of Welden field of Virginia, L.L.C for a Change of Zoning District Classification from I-I Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD-H2 Overlay on property located at the northwest intersection of Regent University Drive and Jake Sears Road (GPINs 1455571149; part of 1455666408). DISTRICT 1 - CENTERVILLE The applicant has provided a Proffer that ensures the developer will address impacts to the transportation system resulting from this development. Proffer 8 requires the following: A Traffic Impact Study shall be submitted to the [City] on or before submittal of the initial engineered site plan for review. [The applicant] shall make any roadway improvements to adjacent roadways and modifications to the location or configuration of the depicted site access roads required by the [City] pursuant to the recommendations contained in the Traffic Impact Study. As a result of the potential for nuisance impacts (noise, dust, and possible odors) to the residents of the Welden field community, Staff requested that the applicant consider a mandatory disclosure of the landfill and its potential expansion to prospective buyers of homes. In response, the applicant submitted Proffer 9 to the City, which reads as follows: The Developer shall provide a Disclosure notice to the buyers regarding the proximity of the City of Virginia Beach's urban landfill and its potential future expansion. August 12, 2008 - 55 - Item V-K.5. PLANNING ITEM 57916 (Continued) Councilman DeSteph advised there will be approximately one hundred fifty (150) new homes in close proximity to the landfill and two hundred fifty (250) student apartments involved in the approval of this application. The issue entails a decision which must be made re SPSA in 2018 concerning whether this landfill will be activated or filled and utilized as a park. Information needs to be provided with the DEFERRAL. Councilman Diezel requested the Staff display a plan that will buffer the existing landfill site, any continuing use of it and provide iriformation relative the extraordinary amount of dumping fees incurred Vice Mayor Jones and Council Lady Wilson expressed concern re Proffer 9 and rewording this condition to reflect future expansion of the landfill would create a nuisance to the property owners. Council Lady Wilson would like to see a separate disclosure in the resale package. Vice Mayor Jones requested the applicant add the R-5D piece of property on the south side of Jake Sears Road to the landfill property. Voting: 10-0 Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, 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 Abstaining: Robert M Dyer Council Members Absent: None Councilman Dyer ABSTAINED on Item K. 7 (Welden field of Virginia, L.L. C) as he is employed by Regent University. August 12, 2008 - 55 - Item V-K. 5. PLANNING ITEM 57916 (Continued) Councilman DeSteph advised there will be approximately one hundred fifty (150) new homes in close proximity to the landfill and two hundred fifty (250) student apartments involved in the evaluation of this application. The issue entails a decision which must be made re SPSA in 2018 concerning whether this landfill will be activated or filled and utilized as a park. Information needs to be provided with the DEFERRAL. Councilman Diezel requested the Staff display a plan that will buffer the existing landfill site, any continuing use of it and provide information relative the extraordinary amount of dumping fees incurred Vice Mayor Jones and Council Lady Wilson expressed concern re Proffer 9 and rewording this condition to reflect future expansion of the landfill would create a nuisance to the property owners. Council Lady Wilson would like to see a separate disclosure in the "for sale" or resale package. Vice Mayor Jones requested the applicant ADD the R-5D piece of property on the south side of Jake Sears Road to the landfill property. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, 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 Abstaining: Robert M Dyer Council Members Absent: None Councilman Dyer ABSTAINED on Item K. 7 (Weldenfield of Virginia, L.L.C.) as he is employed by Regent University. August 12,2008 Item V. L.1. APPOINTMENTS - 56 - ITEM #57917 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS COMMISSION COMMUNITY MEDICAL ADVISORY COMMISSION DEVELOPMENT AUTHORITY HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION PUBLIC LIBRAR Y BOARD REVIEW AND ALLOCATION COMMITTEE WETLAND'S BOARD WORKFORCE HOUSING ADVISORY COMMITTEE ,I I August 12, 2008 I I - 57 - Item V. M.l. ADD-ON ITEM #57918 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)(I) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees Annual Review 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: Beach District PUBLIC CONTRACT: discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A) (30) EDIP Grant LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, 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). Norfolk Southern Upon motion by Councilman Jones, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION at 8:09 P.M. August 12, 2008 - 58 - Item V. M.l. ADD-ON ITEM#579l8 (Continued) Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 12, 2008 II I I - 59 - Item V. M.2. ADD-ON ITEM #57919 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council RESCINDED MOTION TO CLOSE this SESSION at 8:11 P.M. Voting: 11-0* Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None * Verbal Roll Call August 12, 2008 - 60- PUBLIC COMMENT Daniel Majkut, 2109 Croydon Court, Phone; 427-1760, advised previously speaking over a year ago concerning "head-in" parking signs for Croydon Court. The Court consists of six (6) homes and eighteen (18) vehicles (sometimes, as many as twenty-four (24). As some of these cars involve enlisted men, some of this parking may be lengthy, There is no room to park parallel to the curb. According to the Code, parallel parking is not authorized unless directed by a Police Officer, Several Police Officers have confirmed parking perpendicular to the curb is the safest measure. There is aforty (40) -foot depth on one side and sixty (60)joot depth on the other side with a 38joot radius side-to-side. The Traffic Engineer, last year, advised in order to park perpendicular; aforty (40}joot radius would be required. Mr. Majkut requested a two (2}-foot waiver to comply with perpendicular parking. A cluster box on the outside of the Court has been built. The City Manager shall confer with Mr, Majkut August 12,2008 - 61 - Item V. M.3. ADD-ON ITEM #57920 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. Agencies and Appointees Annual Review 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: Beach District PUBLIC CONTRACT: discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A) (30) EDIP Grant LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, 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). Norfolk Southern Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 8:20 P.M. August 12. 2008 - 62- Item V. M.3. ADD-ON ITEM #57920 {Continued} Voting: J 0-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August J 2, 2008 I I - 63 - CERTIFICATION OF CLOSED SESSION ITEM # 57921 Upon motion by Councilman Harry E. Diezel, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TJJ RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard. discussed or considered by Virginia Beach City Council. Voting: 11--0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 12, 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 #57920, Page 61, 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. ~ th Hodges Fraser, MMC City Clerk August 12, 2008 - 64- Item V. o. ADJOURNMENT ITEM # 57922 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 9: 1 0 P.M. G&-_~A"",,__- Beverly 0. Hooks, CMC Chief Deputy City Clerk Louis R. Jones Vice Mayor uth Hodges Fraser, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia August 12, 2008 - 64- Item v.o. ADJOURNMENT ITEM # 57922 jl I I Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:10 P.M. ~~__~~_~_QL~ Beverly 0. Hooks, CMC Chief Deputy City Clerk v::> I fl. ~______L Louis R. Jones Vice Mayor uth Hodges Fraser, MMC City Clerk -,-- City of Virginia Beach Virginia August 12, 2008 IiI II I mm SYI([S, ROURDON, mu AII[RN & 1M, P.C. ATTORNEYS AND COUNSELORS AT LAW TELEPHONE: 757-499-8971 FACSIMILE: 757-456-5445 January 16, 2009 JON M. AHERN R. EDWARD BOURDON, JR. JAMES 1. CROMWELL L. STEVEN EMMERT JACQUELINE A. FINK DAVID S. HOLLAND KATEY KORSLUND KIRK B. LEVY O. JACKSON MOORE, JR. JENNIFER D. ORAM-SMITH HOWARD R. SYKES, JR. PEMBROKE OFFICE PARK - BUILDING ONE 281 INDEPENDENCE BOULEVARD FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462-2989 Yia Hand Delivery Mayor William D. Sessoms, Jr. Members of the Virginia Beach City Council c/o Ruth Hodges Fraser, City Clerk City Hall Building #1, Room 260 :Municipai Center Virginia Beach, Virginia 23456 Re: Application of Weldenfield of Virginia, L.L.C. for Change of Zoning District Classification from 1-1 Light Industrial District, R-5D Residential District, and 0- 2 Office District to PDH-2 with an underlying R-7.5 on 46.2 Acres located at the northwest intersection of Regent University Drive, south of Midtowne Way, Centerville District, Virginia Beach, Virginia; GPIN #1455-57-1149 and 1455-66- 6408; Deferred by City Council at its pubic hearing on Tuesday, August 12, 2008 until its February 10, 2009 Dear Mr. Sessoms and Members of City Council: I am writing on behalf of \Veldenfield of Virginia, L.L.C. to request that the above referenced Rezoning Application which was deferred for six (6) months by the Virginia Beach City Council at its public hearing on Tuesday, August 12, 2008 be 'WITHDRAWN. We want to thank you in advance for your anticipated courtesy and consideration in permitting this rezoning application to be withdrawn from consideration. Should any of you have any questions or concerns please do not hesitate to contact me. With kind regards, I am (fjj)?;,S, -- R. Edward Bourdon, Jr. REBjr/arhm cc: Jack Whitney, Director, Department of Planning Faith Christie, Department of Planning Stephen J. White, Department of Planning B. Kay Wilson, Associate City Attorney Brian Rowe, Weldenfield of Virginia, L.L.C. Lowell W. Morse, Morse & Associates, Inc, ConditionaIRezonejWeldenfie1doNirginiajFen....'YckForestjSessoms_ Ltn.16.o9