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NOVEMBER 25, 2008 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER„ Centerville - District I BARBARA M HENLEY, Princess Anne District REBA S. McCLANAN, Rave Hall - District 3 JOHN E. UHRLV, Beach Destrtcl 6 RON A. VILLANI 'EVA, Ai -Large ROSEMARY WILSON, At -Large JAMES L. WOOI ), Lvnnhaven -District 5 ('IlY MANAGE'?-.I.4MES K. SPORE ('17Y A1I'ORNLY - LESLIE L. LILLEY (17Y CLERK - RUTH HODGES ERASER, MM(' CITY COUNCIL AGENDA 25 NOVEMBER 2008 CITY HALL BUILDING 240! COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM A. GREEN RIBBON INITIATIVE Barry Frankenfield, Administrator - Parks and Recreation B. URANIUM MINING IN VIRGINIA Tom Leahy, Director of Public Utilities II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION - Conference Room - 4:30 PM V. FORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf - Council Chamber - 6:00 PM B. INVOCATION : Reverend Richard Keever Chaplain, Westminster Canterbury 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 November 18, 2008 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. AMENDMENT TO §30-59 OF THE CITY CODE re Erosion and Sediment Control 2. TAX INCREMENT FINANCING (TIF) Central Business District (CBD) Northeast Tax 3. EXCHANGE OF EXCESS CITY PROPERTY Habitat for Humanity - 5069 Indian River Road and 2056 and 2058 Salem Road 4. SALE OF EXCESS CITY PROPERTY Tailwind Development Group, LLC - Princess Anne Road and S. Independence Boulevard 5. LEASE OF CITY PROPERTIES a. Kempsville Borough Boys Baseball, Inc. — 952 Reon Drive b. FLS Corporation t/a The Nesting Box — Farmer's Market Spaces #1 and #2 I. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. §30-59 re Erosion and Sediment Control site stabilization b. § 21-354 and 21-359 re residential parking permits c. Chapter 5 — Animals and Fowls — ADDING § 5-20 re prohibiting feeding wildlife on City property 2. Ordinance to AUTHORIZE the City Manager to MODIFY the Beacon Exchange agreement, APPROPRIATE the funds; and, AUTHORIZE the Virginia Beach Development Authority (VBDA) to use EDIP funds for the Exchange (deferred on November 18, 2008) 3. Resolution to AFFIRM authorization to pickup employee's contribution to the Virginia Retirement System (VRS) for City of Virginia Beach 4. Ordinance to DECLARE City -owned land as excess property at the northwest corner of Princess Anne Road and South Independence Boulevard to Tailwind Development Group, LLC; and, AUTHORIZE the City Manager to convey the property. DISTRICT 3 — ROSE HALL 5. Ordinances re Habitat for Humanity: a. TRANSFER $231,000 from Department of Housing and Neighborhood Preservation's FY 2008-09 Reserve for Contingencies to its Operating Budget re creation and/or rehabilitation of permanent affordable housing b. DECLARE City -owned land as excess property at 5069 Indian River Road and 2056 and 2058 Salem Road in exchange for property at Zurich Arch DISTRICT 7 — PRINCESS ANNE 6. Ordinances to AUTHORIZE the City Manager to execute leases of City -owned property for less than five (5) years: a. Kempsville Borough Boys Baseball, Inc., at 952 Reon Drive DISTRICT 1 — CENTERVILLE b. FLS Corporation t/a The Nesting Box at Farmer's Market, Spaces #1 and #2 DISTRICT 7 — PRINCESS ANNE K. PLANNING 1. Application of THOMAS E., SR. and NANCY I. COGHILL, for the discontinuance, closure and abandonment of a portion of an unimproved alley right-of-way at 804 Surfside Avenue. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 2. Application of ARGOLD DAM NECK, L.L.C. fora Change of Zoning District Classification from R-15 Residential District and AG -1 Agricultural District to Conditional R-7.5 Residential District at Dam Neck Road and Southcross Drive to develop single-family dwellings. DISTRICT 7 - PRINCESS ANNE DEFERRED NOVEMBER 18, 2008 RECOMMENDATION APPROVAL 3. Application of IMPRESSIVE FITNESS, LLC d/b/a ANYTIME FITNESS for a Conditional Use Permit re indoor recreational facility at 5300 Kempsriver Drive DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 4. Application of NKE ASSETS, LLC d/b/a LIGHTING VIRGINIA for a Conditional Use Permit re bulk storage at Suite 110, 596 Central Drive. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 5. Applications of the CITY OF VIRGINIA BEACH: a. 2181 and 2257 Landstown Road DISTRICT 7 - PRINCESS ANNE 1. Change of Zoning District Classification from AG -1 Agricultural District to B-2 Community Business District re sports enhancement 2. Conditional Use Permit re recreational facilities RECOMMENDATION INDEFINITE DEFERRAL b. Ordinance to AMEND §4.1 of Appendix B, Subdivision Regulations, re deletion of minimum right-of-way width and minimum paved width for minor subdivision streets RECOMMENDATION APPROVAL L. APPOINTMENTS COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION PARKS AND RECREATION COMMISSION REVIEW AND ALLOCATION COMMITTEE (COG) TIDEWATER REGIONAL GROUP HOME COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT City Council Sessions for November and December 2008 December 2 December 9 Agenda 11/19/08 mb www.vbgov.com Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning *********** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** 1 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 25, 2008 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re GREEN RIBBON INITIATIVE, in the City Council Conference Room, Tuesday, November 25, at 3:00 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. Oberndorf Ron A Villanueva, Rosemary Wilson and James L. Wood Council Members Absent.• John E. Uhrin [Entered: 3:15 P.M.] November 25, 2008 -2- CITY MANAGER'S BRIEFING GREEN RIBBON INITIATIVE ITEM # 58265 3:00 P.M. The City Manager introduced Barry Frankenfield, Administrator — Parks and Recreation, to present specific recommendations re the Green Ribbon Initiative. Mr. Frankenfield recognized the members of the Implementation Committee. Citizen Members Peter Schmidt, Co-chair Jeffrey W. Ainslie Billy Almond Eddie Bourdon Craig Cope Andrew Fine Karen Forget Noah Hill June Barrett McDaniels Wayne McCoy Karen Forget, representing Lynnhaven Now, was in attendance. Staff Members Steve Herbert, Executive Sponsor Bill Johnston Clay Bernick Karen Lasley Meredith Ching Richard Lowman Barbara Duke Bill Macali Barry Frankenfield Pam Matthias Melanie Grissom Joanne Moore Charles Heffington Carolyn Smith Charles Hassen Kristina Villaire Kay Wilson Mr. Frankenfield stipulated the Work Plan: Recommendations have been categorized into phases to be addressed in an Eighteen -(18) month time frame. Each phase of work will be brought forward to City Council for review, approval and adoption if necessary. History • Phase 1 Briefing — City Council July 8, 2008 • Staff Monthly Meetings, 3 `full" Committee Meetings • All Phase 1 Items have been completed • Phase 1 Ordinances on November 25, 2008, Council Agenda November 25, 2008 -3 - CITY MANAGER'S BRIEFING GREEN RIBBON INITIATIVE ITEM # 58265 (Continued) Phase 1 - Ordinances • Ordinances — November 25, 2008, Council Agenda • Residential Right -of -Way • Site Stabilization • Prohibition of Feeding Wildlife • Residential Right -of -Way: • Remove the requirement of sixty -(60) foot' right-of-way, thirty -six - (36) foot' paved section for minor residential streets Mr. Frankenfield advised it was extremely difficult to go back and retrofit any existing residential streets. It will not affect existing residential streets. The goal is to continue with the standard utilized and not expand it, thereby reducing impervious service and improving water quality. The City Manager advised the standard for many years has been a fifty -(50) foot' right-of-way and thirty (30) foot' pavements. This is only an amendment to the City Code to remove the old reference. Karen Lasley, Zoning Administrator, advised the new subdivisions would have sidewalks and a doublewide driveway. • Site Stabilization: • No occupancy permit without stabilization such as sod, seeding blankets and/or matting Staff is requesting the site stabilization ordinance be DEFERRED one week (December 2, 2008) to continue discussions with the Tidewater Builders Association. • Prohibit Feeding of Wildlife • Prohibition on PUBLIC property only • Posting of signs required — Mount Trashmore Park only site currently planned • Maximum fine Fifty Dollars ($50) • Part of a larger/long term wildlife management program This proposed Ordinance has been supported by the SPCA (Society for the Prevention of Cruelty to Animals)) and PETA (People for the Ethical Treatment of Animals). Mr. Frankenfield advised there are signs at Mount Trashmore, but the are not enforceable. There have been six (6) repeat offenders in different locations throughout the City. Mr. Frankenfield advised there was earlier opposition to this Ordinance. However, by making this Ordinance affect public property only, the opposition seems to have been resolved. Mr. Frankenfield suggested continued education. November 25, 2008 -4 - CITY MANAGER'S BRIEFING GREEN RIBBON INITIATIVE ITEM # 58265 (Continued) Phase 2 — Spring 2009 • City Maintenance Requires Water Quality Improvements • Sustainable Maintenance & Management Practices • Green Building Guidelines For Private Development • Certified Vegetative Buffer Area — Legislative Package Fall 2009 • Certified Storm Water Management Area Ordinance Draft • Reduce Impervious Area in Cul-de-sacs • Tree Stand Preservation and Urban Forestry • Buffer Fact Sheet • Watershed Goals • Review Housing Code Maintenance Standards • Swales alternative to Mandatory Curb and Gutter (Public Works Maintenance Standards) • Quarterly Report: • Council Briefing Phase 3: • Quarterly Report: • Council Briefing Phase 4: Future Actions April 2009 June 2009 September 2009 December 2009 November 25, 2008 -5 - CITY MANAGER'S BRIEFING URANIUM MINING IN VIRGINIA 3:20 P.M. ITEM # 58266 Tom Leahy, Director of Public Utilities, gave a history of Uranium Mining in Virginia: • 1973-78: Uranium prices create push to mine uranium in the Piedmont of Virginia • 1979-82: Three Mile Island and UMTRCA (Uranium Mining Tailings Radiation Control Act) sensitize public to radiological pollution • 1983: Virginia General Assembly enacted Moratorium on uranium mining • 1985: Virginia Coal and Energy Commission (VCEC) formed the Uranium SubCommittee and an Uranium Administrative Group (US/UAG) which recommended lifting the Moratorium. Virginia Beach and other localities adopted resolutions in opposition. The z,oratorium remains in effect today. Uranium Mining in Virginia: 2007-08 • Skyrocketing uranium prices renew interest in uranium mining in Virginia • Deposits in Pittsylvania County may be very large, worth as much as $7-10 BILLION • A Canadian Company, doing business as Virginia Uranium Ltd., is created to "invest and actively participate in the management, business and operations of Virginia Uranium Inc." through its representation on the board and its shared management with Virginia Uranium, Inc. • Virginia Uranium is conducting a Public Relations and Lobbying Campaign to have the uranium mining Moratorium lifted • In the 2008 the General Assembly, SB525 proposed the Virginia Mining Commission and a study of uranium mining impacts. It did not become law. • Earlier this month, the Virginia Coal and Energy Commission (VCEC) formed a subcommittee and asked the Virginia Center for Coal and Energy Research (VCCER) to contract for a study on the impacts of uranium. Historical Spot Price of Uranium 5130 5120 5110 5100 590 0 580 570 a 560 cg 550 $40 530 520 510 50 48 51 —Constant 20075 —Current 5 54 57 60 63 66 69 72 16 78 81 84 87 90 93 96 99 02 05 Sorirc, 48S:3IJSOAEC. 69-86 r*Pri. o E+'.S7-Fresens Us: 1.rar..r3 Frier November 25, 2008 -6 - CITY MANAGER `SBRIEFING URANIUM MINING IN VIRGINIA ITEM # 58266 (Continued) Uranium Mining — The Process • Open pit mine: Uranium ore is excavated • Pulverizing mill: Uranium ore is ground into sand ANclay-like particles • Chemical Plant: Uranium is leached out of the pulverized ore • 1,000 pounds of ore produces 1 pound of uranium and 999 pounds of mill tailings • Mill tailings retain eighty-five percent (85%) of the original radioactivity for » 300,000 years Uranium Mining Tailings • Tailings are highly susceptible to transport by air and water • Tailings are stored as slurries and sludge, then ultimately as dewatered piles • Non -radioactive overburden, clay, and liners are used to construct confinement cells and caps to confine and immobilize the tailings Virginia Uranium Proposal • 100 -MILLION pounds of yellowcake at 4 -MILLION pounds per year (2,000 tons per year) for twenty-five (25) years • Current United States. production (all in the West) is 1,700 tons/year • Current United States capacity (all in the West) is 2,900 tons/year • Current United States reactor demand is 23,000 tons/year (90% imported) November 25, 2008 -7 - CITY MANAGER'SBRIEFING URANIUM MINING IN VIRGINIA ITEM# 58266 (Continued) Uranium Mill Tailings • 100 -MILLION pounds of uranium yellowcake will result in 5 -MILLION tons (30 -MILLION cubic yards) of mill tailings • Twelve (12) confinement cells, each forty (40) acres, and 2.5 -MILLION cubic yards • Mount Trashmore = 20 acres and 1.3 -MILLION cubic yards • Depending upon groundwater, much of the cell may be below ground Uranium Tailings Legacy • Historically, tailings were not properly confined resulting in radioactive contamination of ground and surface waters • Legacy of human and environmental tragedy: 1950's to early 1980's • 1978: Federal government stepped in to remediate —abolished the Atomic Energy Commission, but created the Department of Energy (DOE) and Nuclear Regulatory Commission (NRC), which in turn created the Uranium Mill Trailnngs Radiation Control Act (UMTRCA). • Clean up has cost BILLIONS over three decades — work and costs ongoing Uranium Mil Tailings Radiation Control Act (Title 1 and 2) • Twenty-four (24) abandoned sites under jurisdiction of Department of Energy, twenty-six (26) Licensed by the Nuclear Regulatory Commission (NRC) or NRC Agreement States) • All sites, but Canonsburg, Pennsylvania, located in the west — virtually all in the arid West • Total of 250 -MILLION tons of tailings • Sites ranging from 2 to 33 -MILLION tons (except the Pennsylvania site which is very small) • Cole's Hill tailings: 50 -MILLION tons Mr. Leahy displayed a map reflecting the Uranium Mining Tailings Radiation Control Act sites. The vast majority are in five (5) states: Wyoming, Utah, Colorado, Arizona and New Mexico. The Past versus the Present • Virginia Uranium does not dispute past issues with uranium tailings • They indicate that modern confinement cell design and Nuclear Regulatory Commission (NRC) regulations will protect surface waters • The Nuclear Regulatory Commission (NRC) regulations require that confinement cells be designed for at least a 200 year life or 1,000 years if "reasonably achievable" • Hurricane Camille was estimated to have caused 2,000 years of erosion in a single night November 25, 2008 -8 - CITY MANAGER'SBRIEFING URANIUM MINING IN VIRGINIA ITEM # 58266 (Continued) Tailings Piles in Virginia • Unlike the West, precipitation is high and evaporation is low • Water management is far more complex • Many historical confinement structure failures caused by inability to manage water • In Virginia, storms have generated near probable maximum precipitation (PMP) • Probable maximum participation (PMP) can erode and fragment virtually any earthen structure (man-made or natural) • Probable maximum participation (PMP) will transport sediments great distances downstream very quickly Coles Hill Poss.ble Uranium Mining Site Drinking Waler Sources Downstream from Proposed Coles Hill Uranium Mining Site Maximum Probable Precipitation • In Virginia, about 29 inches in six hours • 1969 - Hurricane Camille — 27 to 31 inches (unofficial estimates higher) • Like standing under a waterfall • 2,000 years of erosion in one night • Mountainsides stripped clean • 1995 — Madison County - similar intensity but over a smaller area Mr. Leahy displayed United States Geological Survey (USGS) maps indicating all 23,000 Steam Gages which were or are now in existence and location of Steam Gages with extreme flood events. November 25, 2008 -9 - CITY MANAGER'SBRIEFING URANIUM MINING IN VIRGINIA ITEM # 58266 (Continued) Three (3) of the top five (5) most intense 12 -hour storms in the United States occurred in the Mid - Atlantic region: Smethport, Pennsylvania — 1942; Nelson County, Virginia — 1969; Madison County, Virginia -1995 Current Radiological Levels Virginia Beach -Norfolk Water Systems *Under this level, the Environmental Protection Agency indicates there will never be any radiological health effects Worst Case Scenario • Storm similar to Nelson County fragments confinement cells and transports radioactive sediments to Lake Gaston • Radiation levels rise to Safe Drinking Water Act (SDWA) levels • Virginia Beach defaults on services contract • Ultimately, contract is terminated, Virginia Beach liable for stranded costs • Virginia Beach abandons Lake Gaston Project and builds desalting plant • Cost to Virginia Beach > $500 -MILLION • Unlikely but not inconceivable Virginia Coal and Energy Commission (VCEC) Study • The Virginia Coal and Energy Commission's (VCEC) appointed subcommittee has no representation from the Roanoke Basin. However, Senator Frank Wagner (Virginia Beach) is a member of that Subcommittee • Virginia Center for Coal and Energy Center Research (VCCER) is heavily weighted by coal, energy and transportation interests • No environmental, public health or water supply agency has direct involvement in the study • No funding has been identified • The 1985 Uranium Subcommittee and an Uranium Administrative Group (US/UAG) recommendation to move forward is perplexing given what was going on at the time Staff Recommendation • Oppose uranium mining in Virginia, oppose lifting of the Moratorium on uranium mining, and oppose any attempt to develop a regulatory framework for uranium mining until it can be demonstrated to the City's satisfaction that there will be no significant release of radioactive sediments downstream November 25, 2008 Level Maximum Contaminant Limit (MCL) Maximum Contaminant Level Goal (MCLG) * Unit Gross Alpha Activity 0.4 15 0 Pico -curies per liter (pCi/L) Gross Beta Activity 3.1 50 0 Pico -curies per liter (pCi/L) Radium 226/228 5 0 Pico -curies per liter (pCi/L) *Under this level, the Environmental Protection Agency indicates there will never be any radiological health effects Worst Case Scenario • Storm similar to Nelson County fragments confinement cells and transports radioactive sediments to Lake Gaston • Radiation levels rise to Safe Drinking Water Act (SDWA) levels • Virginia Beach defaults on services contract • Ultimately, contract is terminated, Virginia Beach liable for stranded costs • Virginia Beach abandons Lake Gaston Project and builds desalting plant • Cost to Virginia Beach > $500 -MILLION • Unlikely but not inconceivable Virginia Coal and Energy Commission (VCEC) Study • The Virginia Coal and Energy Commission's (VCEC) appointed subcommittee has no representation from the Roanoke Basin. However, Senator Frank Wagner (Virginia Beach) is a member of that Subcommittee • Virginia Center for Coal and Energy Center Research (VCCER) is heavily weighted by coal, energy and transportation interests • No environmental, public health or water supply agency has direct involvement in the study • No funding has been identified • The 1985 Uranium Subcommittee and an Uranium Administrative Group (US/UAG) recommendation to move forward is perplexing given what was going on at the time Staff Recommendation • Oppose uranium mining in Virginia, oppose lifting of the Moratorium on uranium mining, and oppose any attempt to develop a regulatory framework for uranium mining until it can be demonstrated to the City's satisfaction that there will be no significant release of radioactive sediments downstream November 25, 2008 -10 - CITY MANAGER `SBRIEFING URANIUM MINING IN VIRGINIA ITEM # 58266 (Continued) Uranium Mining Impact Study • Completely open to public scrutiny • Independent experts who are provided adequate time and resources • Include modeling and simulation of Probable Maximum Participation (PMP) storms and tailings cell failure • Include a peer review group that is independent of the Virginia Coal and Energy Commission and Virginia Center for Coal and Energy Research (VCEC/VCCER), as well as including public health, environmental, water supply and water resource agencies, including the United States Army Corps of Engineers (USACE). Councilman Villanueva suggested a City Council Member or Tom Leahy be a participant in the study by becoming a member of the board. Mr. Leahy is concerned if Virginia Beach might be a minority voice on this Board. Mr. Leahy referenced an e-mail signing scoping comments should be prepared quickly for submission to the Subcommittee. The City Manager advised the Water Task Force has conducted a couple of meetings relative this subject. There was also one meeting conducted with the Virginia Uranium Mining interests. Mayor Oberndorf became active in the Virginia Municipal League upon first being elected to City Council. Mayor Oberndorf and a member of the City Council in Fredericksburg, joined with an alliance from Orange County encouraging the Virginia Municipal League to OPPOSE lifting the Moratorium on Uranium Mining. Lake Gaston needs to be protected. Without Lake Gaston, Virginia Beach would not be the City it is. Council Lady Wilson advised she contacted Mike Amyx, Executive Director - (VML) — Virginia Municipal League, requesting he contact Dr. H. Lee Cantor, Cardiologist in Virginia Beach and President — Virginia Beach Medical Society. He was accompanied by Andrew Lester — Pittsylvania County, who spoke during the Open Mike Session, on October 7, 2008, relative the details concerning lifting the ban on Uranium Mining and their public health concerns. Mr. Amyx is very concerned with this issue. This presentation needs to be shared with others. Council Lady Henley advised the Water Task Force recommendation should be "strongly" worded and based on science, as this topic (uranium ruining) is a long term safety and welfare issue. Resolution to OPPOSE uranium mining in the Commonwealth of Virginia unless and until an unbiased, conclusive study can demonstrate no significant release of radioactive sediments downstream Shall be scheduled for the City Council Session of December 2, 2008. November 25, 2008 - 11 - CITY COUNCIL COMMENTS 4:20 P.M. ITEM # 58267 Mayor Oberndorf congratulated the new bridegroom, Councilman John E. Uhrin, and wished he and Kathy great happiness for many years. ITEM # 58268 Council Lady Henley referenced the FIVE-YEAR FORECAST (FISCAL YEARS 2010 THROUGH 2014) presented at a Joint Workshop of the Virginia Beach City Council and School Board. Catheryn Whitesell, Director — Management Services, had advised this Forecast was difficult due to the turbulence in the overall economy. The Forecast depicts a substantial deficit driven predominately by lower revenues, not rising costs. • The FY 2010 Deficit City Schools $ 38.3 $ 42.9 Total Deficit: $ 81.2 Council Lady Henley advised City Council should be given more information for their critical decisions that will be necessary over the next two (2) City Council Sessions. The City Council is still concerned re the current budget year. Council Lady Henley referenced the memorandum of November Seventh re the 2009 State Budget reductions and quoted a particular section: "For all State employees, the Governor has delayed the FY 2009 pay increase that was scheduled for December 2008 until next July. (Note: that with the exception of the Sheriff's and Clerk of the Court's employees, all other Constitutional Officer employees receive City pay raises not State. In the case of the Sherff's Office employees, their pay raise was advanced by City Council from December 2008 to July 2008 at the recommendation of the Sheriff)" Council Lady Henley inquired if they are not now going to receive the pay raises from the State until July 2009, does that mean the City Council will be expected to fund the next six (6) months. The City Manager advised the first five (5) months were paid and the staff is trying to equate the implications. Does that mean the raise by City Council is rescinded for the last seven (7) months of the year? Monthly reports are being received from various Departments to achieve the 1.25% reduction over all the City. Only two (2) Departments have not reported to -date. The City Departments are encouraged to save 1.25% of their current appropriations. Council Lady Henley inquired relative the decrease in gasoline and if this would affect the 18 %z% fuel adjustment from Dominion Power. The City Manager advised confirmation of Transportation funding. The Governor 's Budget is scheduled for December 17, 2008. November 25, 2008 - 12 - CITY COUNCIL COMMENTS ITEM # 58268 (Continued) David Hansen, Assistant City Manager, advised the October 2008 Interim Financial Financial Statements will be distributed November 26, 2008. The Annual Audit is now occurring. This should provide a good understanding of the expenditure rate. Departmental expenditures are 37.9% expended, which is the same ratio as the prior year, indicating that the City departments are continuing to control costs. The trend also indicates that reduced expenditures will be able to meet our self-imposed 1.25% budget reduction. A quarterly report will be provided concerning the 1.25% reduction in January. Energy meetings have been conducted relative the jointly shared buildings. A test lighting replacement in the City's Treasurer's oIce is now being conducted and recommendations will be provided. Relative the Schools Reversion Funds of $33.1 -MILLION, and allocation of some of this funding, the City Manager advised the Virginia Beach School Board wishes to utilize 25% of this funding for typical needs at the end of the year i.e. buses. The other 75% of the funding would be reverted back into their Reserve Fund. The City Manager needs assurances this would only be used for one time expenditures or placed in the Reserve Fund, City Council adopted this Policy several years ago which requires a two- thirds vote of Virginia Beach City Council and the School Board for access to these funds. This vote will be scheduled for the School Board on December 2, 2008, and Virginia Beach City Council on December 9, 2008. Robert Matthias, Assistant City Manager, advised last week the Commonwealth Transportation Board last week received a Briefing and they are now reviewing another 60% cut. The new six-year plan should be received in December. The Federal funds corning to the State is actually being reforecast. The City Manager and staff have been trying to prepare for a possible Federal stimulus package. Some potential projects will be identified. Relative the strategic map with the City Council's goals and visions placed on the City's website, Mr. Hansen referenced a meeting will be conducted with Lyle Sumek, Facilitator, Monday, December 1, 2008, to prioritize. This information will be forwarded for City Council's review and then posted. The City Manager will forward topic suggestions for Workshop discussions to City Council for their consideration. November 25, 2008 - 13 - AGENDA REVIEW SESSION 4:37P.M. ITEM # 58269 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. §30-59 re Erosion and Sediment Control site stabilization b. § 21-354 and 21-359 re residential parking permits c, Chapter 5 — Animals and Fowls — ADDING § 5-20 re prohibiting feeding wildlife on City property 2. Ordinance to AUTHORIZE the City Manager to MODIFY the Beacon Exchange agreement, APPROPRIATE the funds; and, AUTHORIZE the Virginia Beach Development Authority (VBDA) to use EDLP funds for the Exchange (deferred on November 18, 2008) 3. Resolution to AFFIRM authorization to pickup employee 's contribution to the Virginia Retirement System (VRS) for City of Virginia Beach 4. Ordinance to DECLARE City -owned land as excess property at the northwest corner of Princess Anne Road and South Independence Boulevard to Tailwind Development Group, LLC; and, AUTHORIZE the City Manager to convey the property. DISTRICT 3 — ROSE HALL 5. Ordinances re Habitat for Humanity: a. TRANSFER $231,000 from Department of Housing and Neighborhood Preservation's FY 2008-09 Reserve for Contingencies to its Operating Budget re creation and/or rehabilitation of permanent affordable housing b. DECLARE City -owned land as excess property at 5069 Indian River Road and 2056 and 2058 Salem Road in exchange for property at Zurich Arch DISTRICT 7 — PRINCESS ANNE 6. Ordinances to AUTHORIZE the City Manager to execute leases of City -owned property for less than five (5) years: a. Kempsville Borough Boys Baseball, Inc., at 952 Reon Drive DISTRICT 1— CENTER VILLE b. Corporation t/a The Nesting Box at Farmer's Market, Spaces #1 and # DISTRICT 7 — PRINCESS ANNE Item J.1a./c. Ordinances to AMEND the City Code: §30-59 re Erosion/Sediment Control/ Chapter 5 — Animals and Fowls — ADDING § 5-20, will be DEFERRED, BY CONSENT, until the City Council Session of December 2, 2008. Council Members DeSteph and McClanan will vote a VERBAL NAY on Item J.2. (Beacon Exchange) November 25, 2008 - 14 - AGENDA REVIEW SESSION ITEM # 58270 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Application of THOMAS E., SR. and NANCY I. COGHILL, for the discontinuance, closure and abandonment of a portion of an unimproved alley right-of-way at 804 Surfside Avenue. DISTRICT 6 - BEACH 3. Application of IMPRESSIVE FITNESS, LLC d/b/a ANYTIME FITNESS for Conditional Use Permit re indoor recreational facility at 5300 Kempsriver Drive DISTRICT 1 - CENTERVILLE 4. Application of NKE ASSETS, LLC d/b/a LIGHTING VIRGINIA for a Conditional Use Permit re bulk storage at Suite 110, 596 Central Drive. DISTRICT 6 - BEACH 5. Applications of the CITY OF VIRGINIA BEACH: a. 2181 and 2257 Landstown Road DISTRICT 7 - PRINCESS ANNE 1. Change of Zoning District Classification from AG -1 Agricultural District to B-2 Community Business District re sports enhancement 2. Conditional Use Permit re recreational facilities b. Ordinance to AMEND §4. 1 of Appendix B, Subdivision Regulations, re deletion of minimum right-of-way width and minimum paved width for minor subdivision streets Item K5a.1.2 (City of Virginia Beach, Change of Zoning and Conditional Use Permit) will be DEFERRED INDEFINITELY, BY CONSENT. Item K.5.b. (AMEND §4.1 of Appendix B, Subdivision Regulations) will be DEFERRED, BY CONSENT, one week until the City Council Session of December 2, 2008. November 25, 2008 - 15 - ITEM # 58271 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 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 such counsel pursuant to Section 2.2-3711 (A)(7). Cell Tower Lease - Bow Creek Recreation Center Princess Anne Athletic Development Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION at 4:50 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 (Closed Session: 4:50 P.M. - 5:30 P.M.) (Break: 4:53 P.M. - 5:09 P.M.) (Dinner: 5:30 P.M. — 5:55 P.M.) November 25, 2008 - 16 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 25, 2008 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday November 25, 2008, at 6:00 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. Oberndorf John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Absent: None INVOCATION: Reverend Richard Keever Chaplain, Westminster Canterbury PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identfing any matters in which she might have an actual or potential conflict. If, during her review she identifies any 'natters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of January 27, 2004, is hereby made a part of the record. November 25, 2008 -17- 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 identdying any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. November 25, 2008 Item V -E. CERTIFICATION OF CLOSED SESSION - 18 - ITEM # 58272 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 25, 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 #58271, Page 15, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Rt Hodges raser, MMC ty Clerk November 25, 2008 ItemVF.1 -19- ITEM # 58273 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL SESSION of November 18, 2008. Voting: 10--0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Rosemary Wilson , Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Abstaining: John E. Uhrin Council Members Absent: None Councilman Uhrin ABSTAINED, as he was not in attendance during the City Council Session of November 18, 2008. Councilman Uhrin was recently married and on his honeymoon. November 25, 2008 Item V -F.1 - 20 - ITEM # 58274 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the FORMAL SESSION of November 18, 2008. Voting: 9-0 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, Rosemary Wilson and Ron A. Villanueva Council Members Voting Nay: None Council Members Abstaining: John E. Uhrin and James L. Wood Council Members Absent: None Councilman Uhrin ABSTAINED, as he was not in attendance during the City Council Session of November 18, 2008. Councilman Uhrin was recently married and on his honeymoon. Councilman Wood ABSTAINED, as he was not in attendance during the City Council Formal Session of November 18, 2008 November 25, 2008 -21 - Item V -G.1 ADOPT AGENDA FOR FORMAL SESSION ITEM # 58275 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 25, 2008 Item V -H.1. PUBLIC HEARING - 22 - ITEM # 58276 Mayor Oberndorf DECLARED A PUBLIC HEARING: AMENDMENT TO §30-59 OF THE CITY CODE re Erosion and Sediment Control The following registered to speak: Claudia Cotton, represented the Tidewater Builders Association, 2117 Smith Avenue, Chesapeake 23320, Phone: 420-2434, congratulated the Green Ribbon Initiative. The building industry has seen a growing acceptance of "green" building products in the market and Tidewater Builders is happy to be involved in this initiative. A new Green Building Council has commenced this year and Mrs. Cotton invited Members of City Council to attend. Relative the Amendment to §30-59 of the City Code, Ms. Cotton requested the City Council continue to incorporate flexibility for the Building Official to issue temporary Certificates of Occupancy if conditions prohibit site stabilization. Otherwise, Tidewater Builders is in agreement with the Ordinance. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. November 25, 2008 Item V H.2. PUBLIC HEARING - 23 - ITEM # 58277 Mayor Oberndorf DECLARED A PUBLIC HEARING: TAX INCREMENT FINANCING (TIF) Central Business District (CBD) Northeast Tax John McMullen, 504 Ben Hogan Drive, Phone: 499-3799, thanked Mayor Oberndorf and Council Lady McClanan for their years of service and complimented their intellect and knowledge. Mr. McMullen offered a suggestion and solution as he does not agree with extending the TIF across Virginia Beach Boulevard and bringing the existing line down. The City would be better served by moving the existing line to the other side. The individuals who will use the bridge should pay the cost. Sam Reid, 1533 Virginia Beach Boulevard, Phone: 284-1067, registered in OPPOSITION. Pembroke Mall has not made an actual commitment. This item should be deferred for six (6) months until the formulation of the Operating Budget, which would reflect available funds. Once the TIF is created, funds will be taken from the General Fund. Mr. Reid was also concerned relative the $3 -MILLION cost. Mr. Reid suggested a Special Service District instead of the TIF as another vehicle to provide the funding. Glen Huff, President of Central Business District Association, 2133 Windward Shore Drive, Phone: 481- 0589, registered in SUPPORT of the TIF. Mr. Huff cited the three (3) main reasons: economic, as the TIF encourages private industry to invest substantial dollars (which is being contemplated with this particular TIF); this pedestrian bridge is greatly needed for safety; and, finally the Vision (for more than two (2) decades the City of Virginia Beach has had a vision to create the City's -soul" in the Central Business District, composed of four (4) quadrants that would be connected in a pedestrian friendly way). The infrastructure would be provided without creating a burden on the taxpayers. Martin Waranch, 111 6611' Street, Phone: 491-3343, registered in OPPOSITION. Mr. Waranch is concerned, as a citizen, that conditions are not suitable now for this City to incur additional obligations. Mr. Waranch urged consideration of other economic problems. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. The City Manager responded to nine (9) points contained in the Virginian -Pilot Editorial appearing this past weekend re Tax Increment Financing. The editorial staff indicated strong support of the Town Center in the past, but "times have changed and Virginia Beach should not proceed with the project in a recession ". Times are changing and these buildings are not going to be built in the next few weeks. A three-year process is entailed to design and build Phase IV of Town Center. Hopefully, by that time, the economic cycle will have "turned". . The City Manager advised the project, being Town Center, has generated and will generate surplus revenues over $5 -MILLION per year. With completion of Phase IV, the increase would be approximately $7 -MILLION per year. This project creates employment and economic opportunity. This is the motivating purpose of the project, launched approximately ten (10) years ago. November 25, 2008 Item V -H.2. PUBLIC HEARING - 24 - ITEM # 58277 (Continued) Concerning the increased financial burden on the public, this comment indicates a lack of understanding concerning Tax Increment Financing (TIF). In a TIF District, the private sector invests and constructs the properties and only upon completion of the project does the Development Authority assume ownership. When the project is completed, the project is on the tax rolls and those taxes pay the cost for the debt service. Safeguards have been included in the three (3) previous phases of Town Center, coupling the TIF District with the Special Tax District and guaranteed payments by the Developers. Therefore, the financial burden to the public is not increasing. Phase IV contains an additional office high-rise, generating significantly less revenue than retail, restaurants and residential, which is the reason for the ratio of change in private dollars to public dollars as the previous investment in other phases of Town Center was higher. There would be a much higher private — to — public ratio if the residential and restaurant component "is all there is" in Town Center. When the office towers are introduced, significantly less revenue is generated than the residential. Therefore, it is important to add office space, so the Town Center serves as the economic engine for job creation in that portion of the City. The office tower has a much higher parking requirement, which is the public investment portion of the project. The overall ratio in the Town Center is still quite favorable. The Developers are providing their own financing. The City, through the Development Authority, is financing only the public parking, the building platform, the Conference Center expansion and the streetscapes, those public components of the project. Financing is not provided to the Developer. The Developer has to provide construction funding. If the public-private partnership were not in place, development would not occur. There would be no revenue generated to place in Schools, City services and capital projects. Space is not available to rent and will not be available for nearly three (3) years. The editorial coupled the $81 -MILLION budget shortfall with Phase IV in a very inappropriate way. Phase IV will assist in providing additional revenues. The City is not expending funds that are not available. Phase IV will provide the revenue required to retire the public debt, economic opportunity and shift the property tax burden off residential home owners to commercial property. Projects like Town Center are needed. Councilman DeSteph disagreed Phase I, the office Tower was a much higher ratio. The City is also guaranteeing two (2) floors of the new office building in a ten-year lease. The City Council was briefed relative the deficit during the Five Year Forecast. The City Manager advised there is no relationship between the deficit and the Phase IV project. Council Lady Henley requested an accounting of all of the City's TIFs (Tax Increment Financing) be provided. Clearly, economic development is important for the City. The citizens need to be advised. Councilman Villanueva requested the City Manager place, as one of the City's Hot Topics on the website, the methodology of Tax Increment Financing (TIF) to educate our citizens concerning the workings and benefits. November 25, 2008 Item V -H.3. PUBLIC HEARING - 25 - ITEM # 58278 Mayor Oberndorf DECLARED A PUBLIC HEARING: EXCHANGE OF EXCESS CITY PROPERTY Habitat for Humanity 5069 Indian River Road and 2056 and 2058 Salem Road There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. November 25, 2008 Item V -H.4. PUBLIC HEARING - 26 - ITEM # 58279 Mayor Oberndorf DECLARED A PUBLIC HEARING: SALE OF EXCESS CITY PROPERTY Tailwind Development Group, LLC Princess Anne Road and S. Independence Boulevard There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. November 25, 2008 Item V-H.5.a/b. PUBLIC HEARING - 27 - ITEM # 58280 Mayor Oberndorf DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTIES a. Kempsville Borough Boys Baseball, Inc. — 952 Reon Drive b. FLS Corporation t/a The Nesting Box — Farmer's Market Spaces #1 and #2 There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. November 25, 2008 - 28 - Item V J. ORDINANCES/RESOLUTION ITEM # 58281 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items la/c (DEFERRED), lb., 2, 3, 4, Sa/b and 6 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 Item J. 1 a/c. (Ordinances to AMEND the City Code: a. §30-59 re Erosion and Sediment Control site stabilization and b. Chapter 5 —Animals and Fowls —ADDING § 5-20 re prohibiting feeding wildlife on City property) shall be DEFERRED, BY CONSENT, until the City Council Session of December 2, 2008. Council Members DeSteph and McClanan shall vote a VERBAL NAY on Item 12. (BEACON EXCHANGE) November 25, 2008 -29 - Item V-J.1.1.a/c. ORDINANCES/RESOLUTION ITEM # 58282 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED, until the City Council Session of December 2, 2008: Ordinances to AMEND the City Code: a. §30-59 re Erosion and Sediment Control site stabilization c, Chapter 5 — Animals and Fowls — ADDING § 5-20 re prohibiting feeding wildlife on City property Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 25, 2008 - 30 - Item V-J.1.1.b. ORDINANCES/RESOLUTION ITEM # 58283 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND the City Code: b. sr 21-354 and 21-359 re residential parking permits Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 25, 2008 1 AN ORDINANCE TO AMEND SECTIONS 21- 2 354 AND 21-359 OF THE CITY CODE 3 PERTAINING TO RESIDENTIAL PARKING 4 PERMITS 5 6 SECTIONS AMENDED: §§ 21-354 AND 21-359 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 21-354 and 21-359 of the Code of the City of Virginia Beach, 12 Virginia, are hereby amended and reordained to read as follows: 13 14 Sec. 21-354. Permits generally. 15 16 (a) Following the designation of a residential permit parking area by the City 17 Manager or his designee, the City Treasurer shall issue annual residential parking 18 permits for the area so designated. One (1) permit shall be issued, upon application and 19 payment of the prescribed fee, if applicable, for each motor vehicle owned by a person 20 residing on a street within the residential permit parking area, or on a street within a 21 residential area that is contiguous to the residential permit parking area as specified in 22 subsection (b). 23 24 (b) An applicant for a permit shall present his motor vehicle registration and 25 operator's license with the application. No permit shall be issued in the event either the 26 registration or operator's license shows an address not within a designated residential 27 permit parking area, unless the applicant demonstrates to the satisfaction of the City 28 Treasurer that he is, in fact, a resident of such area, or that he is a resident of a 29 residential area which is contiguous to a designated residential permit parking area and 30 in which neither off-street nor nonmeter-regulated on -street parking is available. Any 31 applicant who is a resident of such a contiguous residential area shall, upon receipt of a 32 permit issued hereunder, be permitted to park in the designated residential permit 33 parking area. Registered residential parking permit holders may obtain annual or 34 temporary guest passes by applying to either the city treasurer's office or the city's 35 parking systems management office. Temporary guest passes shall be issued and 36 validated for up to seventy-two (72) hours. 37 38 (c) Annual business parking permits shall be issued by the city treasurer's 39 office or the city's parking systems management office to businesses licensed to 40 operate in city meter -regulated parking areas. A current valid business license must be 41 presented by the business owner or his designee to the city treasurers office or to the 42 city's parking systems management office at the time a request is made for annual 43 business parking permits. The number of permits issued to a single business shall be 44 limited to the maximum number of employees required to work after 8:00 p.m. or, in the 45 case of a lodging facility, the number of rooms within such lodging facility that do not 46 have on-site parking, whichever is greater. 47 (d) Permits issued pursuant to subsection (a) shall not be transferable, and 48 may be revoked in the event the City Treasurer determines that the owner of the vehicle 49 for which a permit has been issued no longer resides in the residential permit parking 50 area. Upon written notification of such revocation, the holder of the permit shall 51 surrender such permit to the City Treasurer. The willful failure to surrender such permit 52 shall be punishable by a fine in the amount of twenty-five dollars ($25.00). 53 54 (e) Permits issued pursuant to subsection (c) shall be transferable, and may 55 be revoked in the event the City Treasurer's office determines that the number of 56 permits exceeds the allowable number according to the criteria set forth in subsection 57 (c). 58 59 (f) A replacement permit shall be issued upon proof of loss, theft or damage 60 of the original permit, and payment of the replacement fee prescribed in Section 21-359. 61 62 63 64 Sec. 21-359. Fees. 65 66 Fees required under this Division shall be as follows: 67 68 69 70 71 72 (b) 73 74 75 76 77 78 79 80 81 82 83 (a) For an annual residential parking permit, no fee for the first two (2) permits issued for a single residence, and five dollars ($5.00) for each additional permit. No more than four (4) residential parking permits shall be issued per year per residence. For an annual business parking permit, ten dollars ($10.00) each for tho permit twenty-five dollars ($25). (c) For a replacement business parking permit, twenty dollars ($20.00). (d) For an annual or replacement guest permit, two dollars ($2.00). No more than two (2) annual quest permits shall be issued per year per residence. (e) For a temporary guest permit, no fee. No more than ten (10) temporary quest permits shall be issued per week per residence. The city's parking systems management office may consider requests for more than ten (10) temporary quest permits per week per residence on a case-by-case basis. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 25th day of November , 2008. APPROVED AS TO CONTENT: entio and Visitors Bureau CA10905 R-2 November 13, 2008 APPROVED AS TO LEGAL SUFFICIENCY. .70.0 6,1 Q�Z� City Attorney's O ce -31 - Item V -J.2. ORDINANCES/RESOLUTION ITEM # 58284 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to modify the Beacon Exchange agreement, APPROPRIATE the funds and AUTHORIZE the Virginia Beach Development Authority (VBDA) to use EDIP funds for the Exchange (deferred on November 18, 2008) Voting: 9-2 (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: William R. "Bill" DeSteph and Reba S. McClanan Council Members Absent: None November 25, 2008 1 AN ORDINANCE (1) APPROVING MODIFICATIONS 2 TO BEACON EXCHANGE AGREEMENT, (2) 3 APPROPRIATING FUNDS TO FINANCE THE 4 BEACON EXCHANGE AND (3) AUTHORIZING THE 5 DEVELOPMENT AUTHORITY TO UTILIZE EDIP 6 FUNDS FOR THE BEACON EXCHANGE 7 8 WHEREAS, by Ordinance No. 2896F adopted September 13, 2005, after 9 finding that Phase III of the Town Center Project will stimulate the City's 10 economy, increase public revenues, enhance public amenities, further the City's 11 development objectives for the Central Business District and provide necessary 12 components to further the goals contained in the City's "Guidelines for Evaluation 13 of Investment Partnership for Economic Development," the City Council (a) 14 approved development documents for Phase III of the Project (the "Phase III 15 Project Documents"), (b) requested that the City of Virginia Beach Development 16 Authority (the "Authority") approve and execute the Phase III Project Documents, 17 and (c) authorized the City Manager to execute a Support Agreement between 18 the City and the Authority supporting the Authority's obligations contained in the 19 Phase III Project Documents; 20 21 WHEREAS, by Ordinance No. 2995G adopted July 17, 2007, after finding 22 certain proposed refinements and modifications to the Phase III Project 23 Documents would enhance the Project, City Council approved the Second 24 Modification to the Phase III Project Documents; 25 26 WHEREAS, a component of the Second Modification of the Phase III 27 Agreement provided for the Authority to acquire the Beacon Property, known as 28 Block 2 in Town Center, from Commonwealth Building Company, Inc. ("CBC"). 29 30 WHEREAS, The Authority and the Project Developer have negotiated an 31 exchange transaction under which CBC would transfer of Block 2 to the Authority 32 in exchange for (a) 15,000 square feet of improved office space in the Phase III 33 Block 7 West Retail, (b) a $1,635,000 cash payment, (c) five parking spaces in 34 the Block 7 Parking Garage, and (d) up to $300,000 in moving expenses in the 35 form of an Economic Development Investment Program ("EDIP") award to CBC 36 (collectively the "Beacon Exchange"); 37 38 WHEREAS, the Beacon Exchange is evidenced by an agreement and 39 supporting documents among the Authority, CBC and the Developer (collectively 40 the "Beacon Exchange Documents"); 41 42 WHEREAS, the preliminary cost estimates for the improvements to the 43 15,000 square feet of office space in the Block 7 West Retail have changed, and 44 the City Council desires to amend the terms of the Beacon Exchange Documents 45 to increase the amount paid by the Authority for those improvements by 46 $531,329 from $945,000 to $1,476,329 (the "Added Build -Out Costs"); 47 48 WHEREAS, when City Council originally approved the Beacon Exchange, 49 the Developer agreed to provide the Authority with the necessary funding to 50 complete the Beacon Exchange. The Developer has informed the City that due 51 to changing financial conditions it is now unable to provide that financing; 52 53 WHEREAS, to fund the Added Build-Out Costs ($531,329), the City 54 Council desires to authorize the Authority to utilize funds from the Authority's 55 EDIP; 56 57 WHEREAS, to fund the remaining $4,260,000 necessary to complete the 58 Beacon Exchange, City Council desires to appropriate $4,260,000 from the 59 Central Business District — South (TIF) Fund ("TIF"); 60 61 WHEREAS, the City Council desires to refund the TIF in the amount of 62 $4,260,000 from the proceeds of the sale of Block 2. 63 64 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 65 OF VIRGINIA BEACH, VIRGINIA: 66 67 1. The City Council hereby approves the modification to the Beacon 68 Exchange Documents by: 69 70 a. authorizing the Authority to utilize an additional $531,329 in 71 funds from its EDIP to fund the added build-out costs portion of the Beacon 72 Exchange, and 73 74 b. appropriating $4,260,000 from the Central Business District 75 — South (TIF) Fund for the balance of funds needed for the Beacon Exchange not 76 funded from the EDIP. The $4,260,000 appropriated herein shall be refunded to 77 the TIF from the proceeds from the sale of Block 2. 78 79 2. On behalf of the City of Virginia Beach, the City Manager and the 80 City Attorney are hereby authorized and directed to proceed with the preparation 81 of any documents necessary and appropriate to implement the modification of 82 the Beacon Exchange Documents (the "Beacon Exchange Modification 83 Documents") consistent with the provisions herein. 84 85 3. The City Manager, or his designee, is authorized to execute and 86 deliver any Beacon Exchange Modification Documents to which the City is a 87 necessary party, so long as such Beacon Exchange Modification Documents are 88 consistent with the provisions herein and such other terms and conditions 89 deemed necessary and sufficient by the City Manager and in a form deemed 90 legally sufficient and satisfactory by the City Attorney. 91 92 93 94 95 96 97 98 99 100 4. The City Council requests and recommends that the Authority adopt a Resolution consistent with this Ordinance approving and authorizing the execution of the Beacon Exchange Modification Documents, utilizing EDIP funds to fund a portion of the Beacon Exchange, and authorizing the execution of any documents necessary for the implementation of those transactions as are consistent with the provisions herein. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 thday of Novcmbcr , 2008. APPROVED AS TO CONTENT Economic Development APPROVED AS TO City Attorney CA10768 FICIENCY V :\applications\citylawpro d\cyco m32\ W pdo cs\D021 \P004\0007033 8. DOC R-1 11/18/08 APPROVED AS TO LEGAL AVAILABILITY OF FUNDS Finance Department - 32 - Item V -J.3. ORDINANCES/RESOLUTION ITEM # 58285 Upon motion by Vice Mayor Jones, seconded by Coungilman Dyer, City Council ADOPTED: Resolution to AFFIRM authorization to pickup employee's contribution to the Virginia Retirement System (VRS) for City of Virginia Beach Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 25, 2008 1 A RESOLUTION AFFIRMING AUTHORIZATION TO PICK- 2 UP EMPLOYEES' CONTRIBUTION TO VRS FOR THE 3 CITY OF VIRGINIA BEACH 4 5 WHEREAS, the City of Virginia Beach in the FY 1978 budget approved of the 6 City assuming 100% of the retirement costs for City employees; 7 8 WHEREAS, the City of Virginia Beach has consistently since 1978 provided its 9 employees with tax deferral pursuant to § 414(h) of the Internal Revenue Code with 10 respect to their member contributions to the Virginia Retirement System (referred to as 11 VRS) by picking up member contributions to VRS; and 12 13 WHEREAS, VRS keeps track of such picked up member contributions, and 14 treats such contributions as employee contributions for all purposes of VRS; 15 16 WHEREAS, the Internal Revenue Service in Revenue Ruling 2006-43 has 17 provided transition relief for existing pick up arrangements provided that an authorized 18 person takes formal action to evidence the establishment of the pick-up arrangement no 19 later than January 1, 2009. 20 21 WHEREAS, in order to avail itself of the protection given under Revenue Ruling 22 2006-43, the City of Virginia Beach desires to affirm its intention to establish and 23 maintain a pick-up arrangement through formal action by its governing body. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA; 27 28 That the existing member contribution pick-up arrangement is hereby affirmed as 29 it relates to salary reduction elections in effect prior to the date of this Resolution; and it 30 is further resolved that: 31 32 1. Effective the first pay day on or after November 25, 2008, the City of Virginia 33 Beach shall pick up member contributions of its employees to VRS, and such 34 contributions shall be treated as employer contributions in determining tax treatment 35 under the Internal Revenue Code of the United States; 36 37 2. Such contributions, although designated as member contributions, are to be 38 made by the City of Virginia Beach in lieu of member contributions; 39 40 3. Pick up member contributions shall be paid from the same source of funds as 41 used in paying the wages to affected employees; 42 43 4. Member contributions made by the City of Virginia Beach under the pick up 44 arrangement shall be treated for all purposes other than income taxation, including but 45 not limited to VRS benefits, in the same manner and to the same extent as member 46 contributions made prior to the pick up arrangement; 47 48 5. Nothing herein shall be construed so as to permit or extend an option to VRS 49 members to receive the pick up contributions made by the City of Virginia Beach directly 50 instead of having them paid to VRS; and 51 52 6. Notwithstanding any contractual or other provisions, the contributions of each 53 member of VRS who is an employee of the City of Virginia Beach shall be picked up 54 using the method under which the employer will pay the employee's statutorily required 55 contributions to VRS and the salary will not be modified. 56 Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day of November ,2008 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: c .Qu . J_c City At rney's Office Finance Department CA10883 R-3 November 14, 2008 -33 - Item V -J.4. ORDINANCES/RESOLUTION ITEM # 58286 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to DECLARE City -owned land as excess property at the northwest corner of Princess Anne Road and South Independence Boulevard to Tailwind Development Group, LLC; and, AUTHORIZE the City Manager to convey the property. DISTRICT 3 — ROSE HALL Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 25, 2008 1 2 AN ORDINANCE DECLARING THE PROPERTY 3 LOCATED AT THE NORTHWEST CORNER OF 4 PRINCESS ANNE RD. AND S. INDEPENDENCE 5 BLVD. TO BE IN EXCESS OF THE CITY'S NEEDS 6 AND AUTHORIZING THE CITY MANAGER TO SELL 7 THE PROPERTY TO TAILWIND DEVELOPMENT 8 GROUP, LLC 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 11 parcel of land located at the Northwest corner of Princess Anne Road and S. 12 Independence Blvd. (GPIN 1485-16-9065) (the "Property"), more particularly described 13 on Exhibit "A" attached hereto; 14 15 WHEREAS, the City acquired the Property to develop a planned future 16 interchange, which has since been deleted from the Master Transportation Plan; 17 18 WHEREAS, a Request for Proposals ("RFP") was advertised on two consecutive 19 Sundays in The Virginian -Pilot as well as on the City of Virginia Beach website; 20 21 WHEREAS, Tailwind Development Group, L.L.C. ("Tailwind") was one of two 22 bidders on the RFP; 23 24 WHEREAS, the Excess City Owned Real Property Committee has 25 recommended that City Council declare the property in excess of City's needs and sold 26 to Tailwind; 27 28 WHEREAS, Tailwind will construct a Class -A professional office building on the 29 Property; 30 31 WHEREAS, the City Council is of the opinion that the Property is in excess of the 32 needs of the City of Virginia Beach. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 1. That the Property is hereby declared to be in excess of the needs of the 38 City of Virginia Beach and that the City Manager is hereby authorized to execute any 39 documents necessary to convey the Property to Tailwind in substantial conformity with 4 0 the Summary of Terms attached hereto and such other terms and conditions deemed 41 necessary and sufficient by the City Manager and in a form deemed satisfactory by the 42 City Attorney. 43 44 2. That the funds received from the sale of the Property shall first be 45 applied to any reimbursements due to the state, if applicable, and the balance to be 46 placed in the Various Site Acquisitions Fund (CIP 3-368). 47 48 This ordinance shall be effective from the date of its adoption. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the cth day 51 of November , 2008. APPROVED AS TO CONTENT 6 /t7 ,,— 44C E5 714 CA10770 V: applications\citylawprod\cycom32\Wpdocs\D013\P004\00072266.DOC R-1 11/20/2008 APPROVED AS TO LEGAL SUFFICIENCY EXHIBIT A ALL THAT certain tract, piece of parcel of land together with any improvements thereon and all appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia and being designated and described as "PARCEL E-3 AREA = 4.250 ACRES" on that certain plat entitled "GREEN RUN P.U.D. SUBDIVISION SECTION E-3, PART 5 KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA", signed by W. Page Cockrell, Land Surveyor, on November 29, 1982, prepared by Talbot & Associates, Ltd., Engineers -Architects -Planners - Surveyors, Virginia Beach, Virginia, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 163, at page 17, reference to which plat is hereby made for a more particular description of said property. LESS AND EXCEPT all such areas currently put to public use as right- of-way for Princess Anne Road and S. Independence Blvd. (to be formally established prior to sale) and all such areas to be established as right-of-way (as described in the Request For Proposals). LESS AND EXCEPT the utility and drainage easements described in the Request for Proposals. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed of Green Run Corp. of Virginia Beach, dated January 7, 1983, duly recorded in the aforesaid Clerk's Office in Deed Book 2242, at page 1585. GPIN 1485-16-9065 SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT PRINCESS ANNE ROAD AND S. INDEPENDENCE BOULEVARD SELLER: City of Virginia Beach PURCHASER: Tailwind Development Group, L.L.C. PROPERTY: Portion of GPIN: 1485-16-9065. Located at the northwest corner of Princess Anne Road and S. Independence Blvd. See attached location map and Exhibit A to the Ordinance. SALE PRICE: The greater of: (a) $350,000 per acre or (b) $1,487,500. BUYER'S OBLIGATIONS PRIOR TO CLOSING: Re -zone the property to 0-1. Submit a site plan for review and approval by the Planning Department. • Submit a survey of the Property to the City Surveyor for review and approval to determine exact acreage of the Property. EASEMENTS TO BE RESERVED: Public Utility Easement — a minimum of thirty (30) feet in width over an existing water main line, the exact size and location of which to be determined by City. • Public drainage easements for four (4) existing drainage structures, the exact size and location of which to be determined by City. OTHER TERMS: Property to revert back to City if construction of a Class A office building is not commenced within one (1) year after closing or completed within three (3) years after closing. • Deed to include a deed restriction that limits re -zoning of the Property to no higher than 0-1. a 1 El 41.44.14,1 vrr�4 + 14, 4141414 y 4 or.Apolt,-s' lkort: ,lif i qtr+ 0 - ing LOCATION MAP EXCESS CITY OWNED PROPERTY PRINCESS ANNE ROAD & S. INDEPENDENCE BLVD. G P I N 1485-16-9065 Prepared by P.W./Eng./Eng. Support Services Bureau 8/24/06 X:\Projects\ARC Files\Agenda Maps\PA -S. Independence - 34 - Item V -J.5. ORDINANCES/RESOLUTION ITEM # 58287 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances re Habitat for Humanity: a. TRANSFER $231,000 from Department of Housing and Neighborhood Preservation's FY 2008-09 Reserve for Contingencies to its Operating Budget re creation and/or rehabilitation of permanent affordable housing b. DECLARE City -owned land as excess property at 5069 Indian River Road and 2056 and 2058 Salem Road in exchange for property at Zurich Arch DISTRICT 7 — PRINCESS ANNE Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 25, 2008 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN 2 THE FY 2008-09 BUDGET OF THE DEPARTMENT 3 OF HOUSING AND NEIGHBORHOOD 4 PRESERVATION 5 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $231,000 is hereby transferred from the FY 2008-09 Department of Housing 11 and Neighborhood Preservation's Reserve for Contingencies to its Operating Budget 12 for the purpose of supporting the creation and/or rehabilitation of permanent, affordable 13 housing. Adopted by the Council of the City of Virginia Beach, Virginia on the 9 51-h day of November , 2008. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: (2-2 Management Services CA10912 R-3 November 7, 2008 APPROVED AS TO LEGAL SUFFICIENCY: ity At rrey's Office 1 AN ORDINANCE DECLARING CERTAIN 2 PROPERTIES LOCATED AT 5069 INDIAN 3 RIVER ROAD, 2056 SALEM ROAD AND 2058 4 SALEM ROAD TO BE IN EXCESS OF THE 5 CITY'S NEEDS AND AUTHORIZING THE 6 CITY MANAGER TO EXCHANGE SAME 7 WITH HABITAT FOR HUMANITY FOR 8 PROPERTY LOCATED AT ZURICH ARCH 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of those certain 11 parcels of land located at 5069 Indian River Road (GPIN: 1465-74-0925) (the "Indian 12 River Property"), 2056 Salem Road (GPIN: 1474-98-1822) (the "2056 Salem 13 Property"), and 2058 Salem Road (GPIN: 1474-98-1735) (the "2058 Salem Property"); 14 15 WHEREAS the Indian River Property, the 2056 Salem Property and the 2058 16 Salem Property were each originally acquired as residual land for road project 17 acquisitions and are not needed for public purposes. 18 19 WHEREAS, Habitat for Humanity ("Habitat") is the owner of that certain parcel of 20 land located at Zurich Arch (the "Zurich Arch Property"), which is approved for the 21 development of six new townhouses; 22 23 WHEREAS, a land exchange has been proposed whereby the City would convey 24 the Indian River Property, the 2056 Salem Property and the 2058 Salem Property to 25 Habitat, and Habitat would convey the Zurich Arch Property to the City; 26 27 WHEREAS, the City Council is of the opinion that the Indian River Property, the 28 2056 Salem Property and the 2058 Salem Property are in excess of the needs of the 29 City; 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 That the Indian River Property, the 2056 Salem Property and the 2058 Salem 35 Property are hereby declared to be in excess of the needs of the City and that the City 36 Manager is hereby authorized to execute any documents necessary to convey such 37 properties to Habitat and to accept the Zurich Arch Property from Habitat in substantial 38 conformity with the Summary of Terms attached hereto and such other terms and 39 conditions deemed necessary and sufficient by the City Manager and in a form deemed 40 satisfactory by the City Attorney. 41 42 This ordinance shall be effective from the date of its adoption. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day 45 of November , 2008. APPROVED AS TO CONTENT: CA10772 V: ,applications\citylawprod\cycom32\ W pdocs\DO 13\P004\00072312. DOC R-1 November 13, 2008 APPROVED AS TO LEGAL SUFFICIENCY AND FORM: SELLER: PURCHASER: SUMMARY OF TERMS LAND EXCHANGE OF EXCESS PROPERTY AT INDIAN RIVER ROAD AND SALEM ROAD City of Virginia Beach ("City") South Hampton Roads Habitat for Humanity, Inc. ("Habitat") PROPERTY TO BE CONVEYED TO HABITAT: PROPERTY TO BE CONVEYED TO CITY: CONDITIONS: 5069 Indian River Road (GPIN 1465-74-0925), 2056 Salem Road (GPIN 1474-98-1822) and 2058 Salem Road (GPIN 1474-98-1735) (See location map) Zurich Arch Property (GPIN 1487-93-9540) (See location map) • The Salem Road properties driveways shall have adjacent/shared access to their individual parcels. • The Indian River Road parcel driveway shall be adjacent to the existing driveway. • At a later date, the City agrees to convey three (3) additional qualifying sites to Habitat, the location of the sites to be determined. V \applications\citylawprod\cycom32\Wpdocs\D013W004\00072313. DOC Legend DExcess City Owned Property City Property Prepared by P.W lEng.lEng. Support Services Bureau 616/08 M.J.S. SCALE: 1"= 200' LOCATION MAP EXCESS CITY OWNED PROPERTY (GPIN 1474-98-1735; 2058 Salem Road) (GPIN 1474-98-1822: 2056 Salem Road) X /ProjectslARC FilesAgenda Maps% city property11474-98-1735, 1474-98-1822 1474-98-1735 SCALE: 'I"— 200' LOCATION MAP EXCESS CITY OWNED PROPERTY (GPIN 1474-98-1735: 2058 Salem Road) (GPIN 1474-98-1822; 2056 Salem Road) Prepared by P.W./Eng.lEng. Support Services Bureau 616108 M.J.S. X1Projects1ARC FilestAgenda Maps/ city property/Aerial 01474-98-1735, 1474-98-1822 1ij&11 111117 71107111113 11116111 MOM Min nal � finiiik OR ��ry IR COM. Oil hag gm-. sis sin meg R • �. , n�� :� ` ■err+° �/`„/'� �� ego 0010 ►`:\Pro - - r • u - ► • 1 • l•DANffiI!P.�ir 're ared b P.WJEngJEng. Support Services Bureau 05/ 08 MJ - 35 - Item V -J.6. ORDINANCES/RESOLUTION ITEM # 58288 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to AUTHORIZE the City Manager to execute leases of City -owned property for less than five (5) years: a. Kempsville Borough Boys Baseball, Inc., at 952 Reon Drive DISTRICT 1— CENTERVILLE b. FLS Corporation t/a The Nesting Box at Farmer's Market, Spaces #1 and #2 DISTRICT 7 — PRINCESS ANNE Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 25, 2008 1 AN ORDINANCE TO AUTHORIZE A LEASE WITH 2 KEMPSVILLE BOROUGH BOYS BASEBALL, INC. FOR 3 APPROXIMATELY 6.0 ACRES OF CITY PROPERTY AT 4 PROVIDENCE PARK, 952 REON DRIVE, FOR LITTLE 5 LEAGUE OPERATIONS 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of Providence 8 Park, located at 952 Reon Drive in the City of Virginia Beach; and 9 10 WHEREAS, Kempsville Borough Boys Baseball, Inc., more commonly known as 11 Kempsville Pony Baseball ("KPB"), has previously used City property at the intersection 12 of Princess Anne Road and Witchduck Road for its little league operations; and 13 14 WHEREAS, due to the planned intersection improvements at Princess Anne 15 Road and Witchduck Road, KPB will be displaced from its current site; and 16 17 WHEREAS, the City is constructing Providence Park at 952 Reon Drive in the 18 City of Virginia Beach; and 19 20 WHEREAS, KPB desires to lease approximately 6.0 acres of Providence Park 21 (the "Leased Property") to continue its youth league operations and tournaments (the 22 "Lease") for the period of January 1, 2009 through December 31, 2013; and 23 24 WHEREAS, KPB also desires to construct two press boxes on the Leased 25 Property (the "Press Boxes"); 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. That the City Council approves the lease of approximately 6.0 acres of 31 Providence Park as shown on Exhibit A (the "Leased Property") to KPB in accordance 32 with the Summary of Terms, attached hereto as Exhibit B. 33 34 2. That KPB is authorized to construct the Press Boxes on the Leased 35 Property, so long as the Press Boxes are (i) constructed in general conformity with the 36 plans previously provided to City staff, and (ii) KPB bears all costs associated with the 37 construction and maintenance of the Press Boxes. 38 39 3. That the City Manager is hereby authorized to execute a lease on behalf 40 of the City for a term of less than five (5) years with KPB for the property identified on 41 Exhibit A, in accordance with the Summary of Terms, attached hereto, and such other 42 terms, conditions or modifications as may be acceptable to the City Manager and in a 43 form deemed satisfactory by the City Attorney. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 25thday of 46 Nnvpmhar , 2008. Approved As To Legal Sufficiency: b VCS City Attorn 's Office, CA10774 R-1 V:\applications\citylawprod\cycom32\W pdocs\D013\P004\00072262.DOC November 13, 2008 Approved as to Content: r st O cn y= posi bb t- 113 0. tri g v i G m n CJ)f. R E Q EXMIBI N v m CD n 0) CD 2-4 co to rn b w E rn w w INTERSTATE 64 EXHIBIT B SUMMARY OF TERMS Lease Agreement for the Use of City Property at Providence Park for Little League Operations Lessee: Kempsville Borough Boys Baseball, Inc. Term: January 1, 2009 through December 31, 2013, a term of Tess than five years. Leased Property: Approximately 6.0 acres of the 18 -acre Providence Park under construction Rent: The Leased Property will be leased to the youth baseball organization for one dollar ($1.00) per year Limited Use: Leased Property will be utilized only for the purpose of operating youth baseball leagues. Lessee will be authorized to construct two press boxes on the Leased Property. Miscellaneous: • Lessee will pay for all utilities, trash removal, and other related services as necessary for the operation, maintenance, and repair of the Leased Property • Lessee will be responsible for the maintenance of the grounds of the Leased Property • Lessee will indemnify/hold harmless the City and maintain general liability insurance coverage as required • Lessee will allow the City use and access to the Leased Property as required • Lessee will comply with all other terms and conditions of the final lease document 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR LESS 3 THAN FIVE YEARS WITH FLS CORPORATION (T/A 4 THE NESTING BOX) FOR CITY -OWNED 5 PROPERTY KNOWN AS SPACES #1 & #2 IN THE 6 VIRGINIA BEACH FARMERS MARKET IN THE CITY 7 OF VIRGINIA BEACH, VIRGINIA 8 9 WHEREAS, the City of Virginia Beach ("the City") is the owner of The City of 10 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 11 Neck Road in Virginia Beach, Virginia (the "Property"); 12 13 WHEREAS, FLS Corporation (t/a The Nesting Box) ("The Nesting Box") would 14 like to enter into a new formal lease arrangement with the City for Spaces #1 & 2 in the 15 Property (the "Premises"); 16 17 WHEREAS, the Premises will be utilized as a retail establishment of handcrafted 18 birdhouses, bird feed and related items and for no other purpose; 19 20 WHEREAS, The Nesting Box has agreed to pay the City $564 per month 21 ($6,768 per year) for the use of the Premises for a three-year period; 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term of Tess 27 than five (5) years between FLS Corporation (t/a The Nesting Box) and the City, for the 28 Premises in accordance with the Summary of Terms attached hereto, and such other 29 terms, conditions or modifications as may be acceptable to the City Manager and in a 30 form deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 25 L11day of 33 November, 2008. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM )11' City Attcrliey Department of Agriculture CA10771 V:lapplications\citylawprod\cycom321 Wpdocs\D007\P004\00071801.DOC R-1 November 14, 2008 SUMMARY OF TERMS LEASE FOR SPACES #1 & #2 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: FLS Corporation (t/a The Nesting Box) PREMISES: Spaces #1 & #2 TERM: 36 months: December 1, 2008 — November 30, 2011 RENT: $564 per month ($6,768 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the retail sale of handcrafted birdhouses, bird feed and related items only and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase commercial general liability insurance. • Keep Premises open from 10:00 a.m. to 5:00 p.m. Tuesday through Sunday. Lessee will not be open on Mondays. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Provide water and sewer. • Provide electrical service unless Lessee has its own account with Dominion Power. TERMINATION: • After 18 months, either party may terminate by providing the other party sixty (60) days' notice. • City also has special right to terminate if necessary for any public purpose by giving sixty (60) days' written notice. V:\applications\citylawprod\cycom32\W pdocs\D007\P004\00071802. DOC I I 3: 17P1A; . - - ----------,••-•---,-••- ••• • • • • • • 1 \ maccurror coca srsnoo 04DICATEP AS: % I I,A % -41 ......., •••` ••• .4.1. .4* .....• .r.... ............ 3 Osseo" sags" 3640 I' NicIK WAD Osetillik OWL 23456 - 36 - V --K. PLANNING ITEM # 58289 1. THOMAS E., SR. and NANCYI. COGHILL STREET CLOSURE 2. ARGOLD DAM NECK, L.L.C. 3. IMPRESSIVE FITNESS, LLC d/b/a ANYTIME FITNESS 4. NKE ASSETS, LLC d/b/a LIGHTING VIRGINIA CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT 5.a. CITY OF VIRGINIA BEACH 1. CHANGE OF ZONING 5. b. 2. CONDITIONAL USE PERMIT Ordinance to AMEND §4.1 of re deletion of minimum right-of-way width and minimum paved width for minor subdivision streets November 25, 2008 - 37 - Item V -K. PLANNING ITEM # 58290 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1, 3, 4, 5a. 1./2. (DEFERRED INDEFINITELY) and 5b (DEFERRED to December 2, 2008) 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 Item 5a.1/2 (City of Virginia Beach — Change of Zoning and Conditional Use Permit) shall be DEFERRED INDEFINITELY, BY CONSENT. Item 5.b. (City of Virginia Beach - AMEND §4.1 of Appendix B, Subdivision Regulations, re deletion of minimum right-of-way width and minimum paved width) shall be DEFERRED until the City Council Session of December 2, 2008. November 25, 2008 - 38 - Item V -K.1. PLANNING ITEM # 58291 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of THOMAS E., SR. and NANCY I. COGHILL, for the discontinuance, closure and abandonment of a portion of an unimproved alley right-of-way at 804 Surfside Avenue: Ordinance upon application of Thomas E. Coghill, Sr. and Nancy I. Coghill, Street Closure (Alley), 804 Surfside Avenue GPIN: 2426374893 and 2426376815. BEACH DISTRICT. The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall provide easements satisfactory to the utility company for any private utilities that exist within the right-of-way proposed for closure. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval (November 24, 2009), by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void. 5. A drainage easement, as required by the Public Works Department, shall be provided during subdivision plat review. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 25, 2008 1 APPLICATION OF THOMAS AND NANCY COGHILL 2 FOR THE CLOSURE OF 1/2 OF AN ALLEY 3 ADJACENT TO 804 SURFSIDE AVENUE IN 4 CROATAN. 5 6 WHEREAS, Thomas E. Coghill, Sr. and Nancy I. Coghill (the "Applicants") 7 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 8 described alley discontinued, closed, and vacated; and 9 10 WHEREAS, it is the judgment of the Council that said alley be 11 discontinued, closed, and vacated, subject to certain conditions having been met on or 12 before one (1) year from City Council's adoption of this Ordinance; 13 14 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 15 Virginia Beach, Virginia: 16 17 SECTION I 18 19 That the hereinafter described alley be discontinued, closed and vacated, 20 subject to certain conditions being met on or before one (1) year from City Council's 21 adoption of this ordinance: 22 23 All that certain piece or parcel of land situate, Tying and being 24 in the City of Virginia Beach, Virginia, designated and 25 described as "7.50' X 50.00' PORTION OF ALLEY TO BE 26 CLOSED (375 S.F./0.009 AC.)" shown as the cross-hatched 27 area on that certain plat entitled: "STREET CLOSURE 28 PLAT PORTION OF 15' ALLEY ADJACENT TO LOT 9 29 BLOCK 13 CROATAN BEACH M.B. 24 P. 37 VIRGINIA 30 BEACH, VIRGINIA" Scale: 1"=20', dated MAY 30, 2008, 31 prepared by Gallup Surveyors & Engineers, LTD., a copy of 32 which is attached hereto as Exhibit A. 33 34 35 36 37 38 39 40 41 42 43 44 GPIN: 2426-37-4893-0000 1 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be 52 determined according to the "Policy Regarding Purchase of City's Interest in Streets 53 Pursuant to Street Closures," approved by City Council. Copies of said policy are 54 available in the Planning Department. 55 56 2. The applicant shall resubdivide the property and vacate internal lot 57 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 58 must be submitted and approved for recordation prior to final street closure approval. 59 Said plat must include the dedication of a drainage easement over the closed portion of 60 the alley to the City of Virginia Beach, subject to the approval of the Department of 61 Public Works and the City Attorney's office, which easement shall include a right of 62 reasonable ingress and egress. 63 64 3. The applicant shall verify that no private utilities exist within the right-of- 65 way proposed for closure. Preliminary comments from the utility companies indicate 66 that there are no private utilities within the right-of-way proposed for closure. If private 67 utilities do exist, the applicant shall provide easements satisfactory to the utility 68 companies. 69 70 4. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before November 24, 79 2009, this Ordinance will be deemed null and void without further action by the City 80 Council. 81 82 2. If all conditions are met on or before November 24, 2009, the date of 83 final closure is the date the street closure ordinance is recorded by the City Attorney. 84 85 3. In the event the City of Virginia Beach has any interest in the 86 underlying fee, the City Manager or his designee is authorized to execute whatever 87 documents, if any, that may be requested to convey such interest, provided said 88 documents are approved by the City Attorney's Office. 2 89 90 SECTION IV 91 92 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 93 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 94 OF VIRGINIA BEACH as "Grantor" and THOMAS E. COGHILL, SR. and NANCY I. 95 COGHILL, as "Grantee." 96 97 Adopted by the Council of the City of Virginia Beach, Virginia, on this 98 25tlbay of November 2008. CA10752 V:\applications\citylawprod\cycom32\W pdocs\D022\P004\00070538. DOC R-1 October 24, 2008 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attorney 3 THOMAS E. COGHILL, SR. & NANCY I. COGHILL Agenda Item 7 October 8, 2008 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Street Closure (unimproved alley) „ Me? -1!i7t1. Thomas E. Co hill Sr. & Nanc I Co hill VNan S►ate 17 MY --- 10411-0141,10044 1 4•' n�Il 0140 *CO y 1'r 1i l. ,P. ti X41 ILAt4t�;�':Ist crigio rep- -'4�, .fir r !,c,��tovit`� '1� ''y',It cam .' A ..:.0. r�!rg " ,rit-bir xi, r Alip Street Closure ADDRESS / DESCRIPTION: Property located at the western 7.5 feet of a 15 -foot wide unimproved alley adjacent to the rear property line of Lot 9, Block 13, Croatan Beach (804 Surfside Avenue). GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: Between 2426374893 and BEACH 375 square feet 2426376815 SUMMARY OF REQUEST The applicant requests the closure of the western 7.5 feet of a 15 -foot wide unimproved alley for the purpose of incorporating the right-of-way into their adjoining single- family residential lot. There have been several street closure requests granted along the subject alleyway during the past 15 years. The zoning history map toward the end of this report identifies the specific properties that were granted street closures for the alley. EXISTING LAND USE: Undeveloped alley SURROUNDING LAND North: South: East: USE AND ZONING: LAND USE AND ZONING INFORMATION • Single-family homes / R-10 Residential District • Single-family homes / R-10 Residential District • Across unimproved alley, single-family homes / R-10 THOMAS E. COGHILL, SR. & NANCY I. COGHILL Agenda Item 7 Page 1 West: Residential District • Single-family homes / R-10 Residential District NATURAL RESOURCE AND This site does not have any known significant historical, cultural, or CULTURAL FEATURES: environmental features. AICUZ: The site is in an AICUZ of 65-70 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES PUBLIC WORKS: A plat providing a private drainage easement shall be reviewed and approved by the City of Virginia Beach Public Works Department during detailed site plan review. WATER & SEWER: No objection. PRIVATE UTILITIES: Private utility companies indicate they have no facilities in the area designated for closure. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan Map designates this area of the city as Primary Residential. The City's Comprehensive Plan states that the objective of the Primary Residential Area is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of the Primary Residential Area. Evaluation: The portion of the alley proposed for closure is part of an undeveloped alley that runs north to south along the entire block. Other street closure requests similar to this request have been granted to homeowners within the same block. The Viewers determined that the proposed closure will not result in a public inconvenience; therefore, they recommend closure of the right-of-way. City Council adopted a policy aimed at disposing of undeveloped right-of-ways to adjoining property owners in the Croatan community. All funds generated from such closures are directed to a Croatan Beach Access account and ultimately the funds collected are to be used by the City to purchase additional public access to the beach in the Croatan area. The proposed street closure is recommended for approval with the following conditions. THOMAS E. COGHILL, SR. & NANCY I. COGHILL Agenda Item 7 Page 2 CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall provide easements satisfactory to the utility company for any private utilities that exist within the right-of-way proposed for closure. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 5. A drainage easement as required by the City of Virginia Beach Public Works Department shall be provided during subdivision plat review. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. THOMAS E. COGHILL, SR. & NANCY I. COGHILL Agenda Item 7 Page 3 AERIAL OF SITE LOCATION THOMAS E. COGHILL, SR. & NANCY I. COGHILL Agenda Item 7 Page 4 20 M.B. 24 P. 37 CROATAN BEACH (M.B. 24 P. 37) BLOCK 16 19 M.B. 24 P. 37 18A LN. 200501180007867 15' ALLEY M.B. 24 P. 37 (UNDEVELOPED) 50.00 10 M.B. 24 P. 37 50.00' S 04'14'15' E LEGEND INDICATES PORTION OF ALLEY TO BE CLOSED (375 sq, it /0.009 acres) 7.5' PUBLIC DRAINAGE EASEMENT �(I.N. 2005011 80007867) EXISTING Rm UNE TO BE VACATED UPON R/W CLOSURE IAT 9 GPIN: 2426-37-4893 50.00' 0 7 _REMAINING PORTON OF ALLEY 8 M.B. 24 P. 37 N 04'14'15" SURFSIDE AVENUE (50' R/W) (FORMERLY LAKE AVE.) (M.B. 24 P. 37) 0' 20' 40' 60' SURVEY OF AREA TO BE CLOSED THOMAS E. COGHILL, SR. & NANCY I. COGHILL Agenda Item 7 Page 5 # DATE DESCRIPTION ACTION 1 09/23/2003 Street Closure APPROVED 2 10/26/2004 Street Closure APPROVED 05/27/2008 3 10/23/1990 Street Closure APPROVED 4 02/27/2007 Street Closure APPROVED 5 02/28/2006 Street Closure APPROVED 01/22/2008 Street Closure APPROVED 01/31/2006 Street Closure APPROVED 6 01/23/2007 Street Closure APPROVED 7 05/22/2007 Street Closure APPROVED ZONING HISTORY THOMAS E. COGHILL, SR. & NANCY I. COGHILL Agenda Item 7 Page 6 C!� DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) tw/A 2. List all businesses that have a parent -subsidiary' or affiliated business entity` relationship with the applicant: (Attach list if necessary) tJ/11/4 151 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) '-G'„Yy12'. Lt_7 ,,,L0 pti CGC,'11., _. _. 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & z See next page tor footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Street Closure Applic.at3on Page 10 of 11 Revised 7.3,07 DISCLOSURE STATEMENT THOMAS E. COGHILL, SR. & NANCY I. COGHILL Agenda Item 7 Page 7 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. i Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2 2-3101. L CERTIFICATION: 1 certify that the information contained herein is true and accurate. understand That, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Plaprl ig to photograph and view the site for purposes of processing and evaluating this application. tt•,—_»rte L. / r Nancy 1. Coghill Applicant's Signfdterrs..i r j Thomas E. Coghill, Sr. Print Name Property Ownei's Signature Of different than applicant) Strret C,nsurr. Apr crt:nn Page 11 0111 Revised 7,3.07 CID DISCLOSURE STATEMENT THOMAS E. COGHILL, SR. & NANCY I. COGHILL Agenda Item 7 Page 8 Item #7 Thomas E. Coghill, Sr. and Nancy I. Coghill Discontinuance, closure and abandonment of an unimproved unnamed Alley adjacent to the rear property line of 804 Surfside Avenue District 6 Beach October 8, 2008 CONSENT Joseph Strange: The next item is item 7, an application of Thomas E. Coghill, Sr. and Nancy I. Coghill for discontinuance, closure and abandonment of an unimproved unnamed alley adjacent to the rear property line of 804 Surfside Avenue, District 6, Beach, with five conditions. John Richardson: Mr. Strange, my name is John Richardson, I'm a local attorney. Madame Chairman of the Commission, I've read the conditions and they are acceptable. Joseph Strange: Alright. Thank you. John Richardson: Thank you. Joseph Strange: The Chairman has asked Jay Bernas to review this item. Jay Bernas: Thank you. This is located in the Beach District on the Croatan Subdivision, and the applicant requesting the closure of the western 7.5 feet of a 15 -foot wide unimproved alleyway to incorporate this right-of-way into their adjoining single-family lot. There have been several requests along the subject alleyway in the last 15 years, and there are no issues with this request. Therefore, the Commission felt that this should be placed on the consent agenda for approval. Joseph Strange: Thank you Jay. Madame Chairman, I would like to make a motion to approve agenda item 7. Janice Anderson: A motion by Joe Strange and a second by Barry Knight. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY ABSENT KATSIAS AYE KNIGHT AYE LIVAS AYE Item #7 Thomas E. Coghill, Sr. and Nancy I. Coghill Page 2 REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, the Board has approved item 7 for consent. GEORGE POWELL Co hill Sr. & Nancy I. Co_ hill Street Closure Relevant Information: • Beach District • The applicant requests the closure of the western 7.5 feet of a 15 -foot wide unimproved alley located in Croatan for the purpose of incorporating the right-of-way into their adjoining single-family residential lot. • There have been several street closure requests granted along the subject alleyway during the past 15 years. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (10-0). • Consent Agenda. • No opposition. - 39 - Item V -K.2. PLANNING ITEM # 58292 Attorney R. E. Bourdon, Pembroke Office Park, Building 1, 281 Independence Boulevard, Phone: 499-8971, represented the applicant and read each of the Proffers containing amendments re the development of Village Bend. The applicant Alan Resh was in attendance Tina Milligan, President — Newcastle Civic League, 3801 Southcross Court, Phone: 427-1051, spoke in SUPPORT. and was in agreement with the proffers submitted. Upon motion by Council Lady Henley, seconded by Councilman Diezel, City Council ADOPTED an Ordinance upon application of ARGOLD DAM NECK, L.L.C. for a Change of Zoning District Classification from R-15 Residential District and AG -1 Agricultural District to Conditional R-7.5 Residential District at Dam Neck Road and Southcross Drive to develop single-family dwellings. ORDINANCE UPON APPLICATION OF ARGOLD DAM NECK, L.L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R- 15 RESIDENTIAL DISTRICT AND AG -1 AGRICULTURAL DISTRICT TO CONDITIONAL R-7.5 RESIDENTIAL DISTRICT ZO11081216 BE IT HEREBY ORDAINED BY THE COUNCL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Argold Dam Neck, L.L.C. for a Change of Zoning District Classification from R-15 Residential District and AG - 1 Agricultural District to Conditional R-7.5 Residential District on property located on the south side of Dam Neck Road, approximately 180 feet east of Southcross Drive (GPIN 1484166408 — part of). DISTRICT 7 — PRINCESS ANNE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court And is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of November Two Thousand Eight Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 25, 2008 In Reply Refer To Our File No. DF -7021 TO: Leslie L/Lilley FROM: B. Kay Wilson RE: CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: November 14, 2008 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; Argold Dam Neck, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on November 25, 2008. I have reviewed the subject proffer agreement, dated November 29, 2007 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/bm Enclosure cc: Kathleen H • ssen PREPARED BY: SYKES. ROURDON. KIP 4HERN & LEVY. P.C. ARGOLD DAM NECK, LLC, a Virginia limited liability company MERLIN BEILER, TRUSTEE UNDER THE ELVA Y. BEILER LAND TRUST TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of November, 2007, by and between ARGOLD DAM NECK, LLC, a Virginia limited liability company, party of the first part, Grantor; MERLIN BEILER, TRUSTEE UNDER THE ELVA Y. BEILER LAND TRUST, party the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of a parcel of land which is hereinafter referred to as the "Property", located in the Princess Anne District of the City of Virginia Beach containing approximately 32.58 acres. The Property is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the party of the first part, as contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from R-15 and AG -1 to Conditional R-7.5 Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-7.5 Residential Zoning GPIN: 1484-16-6408 (Part of) Sal PREPARED BY: SYVES. $OURDON. AHERN & LEVY. P.C. District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the "CONCEPTUAL SUBDIVISION PLAN" entitled "VILLAGE BEND CITY OF VIRGINIA BEACH" dated November 21, 2007, as revised, prepared by Clark Nexsen, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, the "Subdivision Plan"). 2. When the Property is developed, the entrance to Village Bend shall be from Dam Neck Road with the landscape berm and landscape plantings, entrance signage and water feature substantially as depicted on the detail plan entitled "Village Bend Preliminary Streetscape Screening and Sign Exhibit", dated November 3o, 2007, prepared by Clark Nexsen, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Landscaping Plan"). 3. When the Property is developed, it will be subdivided into no more than one hundred thirteen (113) single family residential building lots. The homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 240o square feet of living area for a two story dwelling and 2000 square feet of living area for a one story dwelling. Each home shall have a garage and the architectural designs and building materials utilized shall be substantially as exhibited on the pictures labeled "Home Styles PREPARED BY: SYKES, BOURDON, AIIERN & LEVY. P.0 at Village Bend" which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Pictures"). 4. When the Property is developed, the party of the first part shall record a Declaration submitting the Lots and all of the Property outside the public rights of way to a mandatory membership Property Owners' Association which shall be responsible for maintaining the park, playground equipment, all open spaces, common areas, vegetated buffer easement, landscaping, entrance feature and other improvements on the Property as depicted on the Site Plans. The Declaration shall also include a Deed Restriction which precludes further subdivision of the Property to create any additional residential building lots in excess of one hundred and thirteen (113). 5. When the Property is developed, the party of the first part shall install $60,000.o0 of playground equipment in the "Pocket Park" utilizing equipment approved for and/or utilized by the Virginia Beach Department of Parks and Recreation. The Pocket Park and equipment shall be maintained by the Homeowners' Association. 6. The party of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to final subdivision approval, a tree retention and restoration plan for the twenty-five foot (25') Vegetated Buffer Easement along the western boundary of the property. The Vegetated Buffer Easement shall be dedicated to the Homeowners' Association and it shall mandate preservation and retention of a buffer of evergreen and deciduous trees, along with other native vegetation within the area of the easement. 7. When the Property is developed, the party of the first part shall improve the Dam Neck Road and Southcross Drive public right-of-ways by installing the following as specified by the Grantee: (a) A left turn lane for westbound Dam Neck Road traffic turning onto Southcross Drive southbound. (b) A left turn lane for eastbound Dam Neck Road traffic turning onto Southcross Drive northbound. (c) Widening of Southcross Drive (both sides) at its intersection with Dam Neck Road to accommodate two (2) lanes of traffic exiting the residential neighborhoods onto Dam Neck Road. 8. When the Property is developed, the party of the first part, as a condition of final subdivision approval, shall pay the sum of $30,000.00 to the Grantee's Parks and 3 PREPARED BY: SYKES, BOURDON, AIIERN & LEVY. P.c. Recreation Capital Improvement Program Account #4.024 which funds shall be used to acquire and install recreation equipment and improvements in the Newcastle Neighborhood Park (City owned park) at the southwest corner of the intersection of Southcross Drive and Middleham Drive. If the proffered monies are not used by the Grantee anytime within the next five (5) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. 9. When the Property is developed, the party of the first part, as a condition of final subdivision approval, shall install brick monument style entry identification signs on both the north and south sides of Dam Neck Road at its intersection with Southcross Drive, substantially as exhibited on the elevation entitled "Newcastle Entrance Sign Elevation — Dam Neck Road" which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Nanning ("Newcastle Entry Signs"). The party of the first part shall install landscaping around these two (2) new Newcastle Entry Signs. The party of the first part shall also install new rust resistant metal "NEWCASTLE" lettering on the existing entry feature sign on the east side of Salem Road at its intersection with Whitley Abbey Drive. 10. The party of the first part shall modify and relocate the "30' EASEMENT FOR FUTURE PEDESTRIAN ACCESS" between Lots 27 and 28 as depicted on the "CONCEPTUAL SUBDIVISION PLAN" entitled "VILLAGE BEND CITY OF VIRGINIA BEACH" dated November 21, 2007, to reduce the easement width to twenty-five feet (25') and relocate the easement between Lots designated 23 and 24 on the Subdivision Plan. 11. When the Property is developed, the party of the first part, as a condition of final subdivision approval, shall install a street light in the Newcastle Subdivision, within the southern -most portion of the Southcross Court public right of way at its eastern terminus. 12. Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is 4 PREPARED BY: SYYFS. $OURDON. AIIERN & LEVY. P.0 part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 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, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. SB tV L I 11 PREPARED BY: SYKES, $OURDON. AAERN & LEVY. P.C. WITNESS the following signature and seal: Grantor: Argold Dam Neck, LLC, a Virginia limited liability company By: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: Alan Resh, Member (SEAL) The foregoing instrument was acknowledged before me this 30th day of November, 2007, by Alan Resh, Member of Argold Dam Neck, LLC, a Virginia limited liability company, Grantor. My Commission Expires: August 31, 2010 Notary Registration No.: 192628 ioc-6•14 Nota Public WITNESS the following signature and seal: Grantor: M . lin B -' er, Trustee under the Elva Y. Beiler Land Trust STATE OF ii1RailsliA. SOUTH CAROLINA CITY OFA: ABBEVI LLE , t o—wi t : (SEAL) The foregoing instrument was acknowledged before me this .5 day of December, 2007, by Merlin Beiler, Trustee under the Elva Y. Beiler Land Trust, Grantor. My Commission Expires: il%ci („es a2D1.5� Notary Registration No.: JO 1/7 PREPARED BY: kg SYKES. ROURDON. SU AMIE IN & LEVY. RC Notary Public JX. vfd14J'..r: i 4,4:1„.4 EXHIBIT "A" METES AND BOUNDS DESCRIPTION OF THE NORTHERN PORTION OF PROPERTY OF THE ELVA Y. BEILER LAND TRUST (PART OF GPIN: 1484-16-6408) ALL THAT certain tract, piece or parcel of land consisting of approximately 32.24 acres, more or less, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, and being a portion of that tract of land known, numbered and designated as "PARCEL B, AREA = 63.858 ACRES", as shown on the plat entitled "SUBDIVISION OF PROPERTY OF ELVA Y. BEILER, KEMPSVILLE BOROUGH — VIRGINIA BEACH, VIRGINIA", dated November 23, 1994, The TAF Group, which plat was recorded December 19, 1994 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 240, at Page 6. Said portion of Parcel B is more particularly described as follows: BEGINNING at a point along the southern right of way line of Elbow Road at the northeast corner of the northeastern -most lot as depicted on the plat entitled "SUBDIVISION OF NEWCASTLE, SECTION 2" which subdivision plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 243, at Page 28, and from said POINT OF BEGINNING running along the southern right of way line of Elbow Road along a curve having a radius of 5794.63 feet an arc length of 144.16 feet, a chord bearing of South 70° 40' 38" East and a chord distance of 114.15 feet to a point; thence continuing along the southern right of way line of Elbow Road South 71° 23' 21" East, a distance of 929.98 feet to a point; thence turning and running South 18° 05' 27" West, a distance of 308.43 feet to a point; thence turning and running South 19° 44' 21" West, a distance of 339.33 feet to a point; thence turning and running South 22° 04' 33" West, a distance of 648.78 feet to a point; thence turning and running North 53° 28' 54" West, a distance of 1518.64 feet to a point along the eastern boundary of the Subdivision of Newcastle; thence turning and running North 45° 07' 12" East, a distance of 927.64 feet to the POINT OF BEGINNING. Said parcel containing approximately 32.24 acres. GPIN: 1484-16-6408 (Part of) ConditionalRezone/ArgoldDamNeck/VillageBend/Proffer5_Clean Rev_ii/o6/o8 PREPARED BY: SYKES. ROIJRDON. AHERN & LEVY. P.C. - 40 - Item V -K.3. PLANNING ITEM # 58293 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon Application of IMPRESSIVE FITNESS, LLC d/b/a ANYTIME FITNESS for a Conditional Use Permit re indoor recreational facility at 5300 Kempsriver Drive ORDINANCE UPON APPLICATION OF IMPRESSIVE FITNESS, LLC D/B/A ANYTIME FITNESS, CONDITIONAL USE PERMIT (INDOOR RECREATIONAL FACILITY), R011835304 BE IT HEREBY ORDAINED BY THE COUNCL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of IMPRESSIVE FITNESS, LLC D/B/A ANYTIME FITNESS, Conditional Use Permit (indoor recreational facility), 5300 Kempsriver Drive (GPIN 1466306381). CENTERVILLE DISTRICT. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of November 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 November 25, 2008 -41 - Item V -K.4. PLANNING ITEM # 58294 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of NKE ASSETS, LLC d/b/a LIGHTING VIRGINIA for a Conditional Use Permit re bulk storage at Suite 110, 596 Central Drive: ORDINANCE UPON APPLICATION OF NKE ASSETS, LLC D.B.A. LIGHTING VIRGINIA, CONDITIONAL USE PERMIT (BULK STORAGE), RO11835305 BE IT HEREBY ORDAINED BY THE COUNCL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NKE ASSETS, LLC D.B.A. LIGHTING VIRGINIA, Conditional Use Permit (bulk storage). 596 Central Drive, Suite 110 (GPIN 14967643971540). BEACH DISTRICT. The following conditions shall be required: 1. Container storage of equipment related to the business shall be limited to the area defined "Container Storage Area" on the submitted plan entitled "Condominium plat of Central Drive Condominium ", Sheet 1 of 4, prepared by G.F. Sutton & Associates Engineers, Surveyors, Planners, dated 2-23-88. Said plan has been exhibited to the City Council and is on file in Planning Department. 2. This Conditional Use Permit is valid for a one (1) year period from the date of approval by City Council with no extensions. 3. There shall be no outdoor storage of equipment. 4. The applicant shall obtain all required permits and inspections from the Planning Department - Permits and Inspections Division and the Fire Department. This Ordinance shall be effective in accordance with Section 107 (1) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of November 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: November 25, 2008 - 42 - Item V -K. 5. a.1.2. PLANNING ITEM # 58295 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY Ordinances upon application of the City of Virginia Beach re Change of Zoning District Classification from AG -1 Agricultural District to B-2 Community Business District re sports enhancement and a Conditional Use Permit re recreational facilities A N D, ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH, CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG -1 AGRICULTURAL DISTRICT TO B-2 COMMUNITY BUSINESS DISTRICT Ordinance upon application of the CITY OF VIRGINIA BEACH, Change of Zoning District Classification from AG -1 Agricultural District to B-2 Community Business District. PRINCESS ANNE DISTRICT ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH, RE CONDITIONAL USE PERMIT FOR RECREATIONAL FACILITIES, 2181 AND 2257 LANDSTOWN ROAD. PRINCESS ANNE DISTRICT Ordinance upon application of the City of Virginia Beach, re Conditional Use Permit for recreational facilities, 2181 and 2257 Landstown Road. PRINCESS ANNE DISTRICT Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 25, 2008 - 43 - Item V-K.5.b. PLANNING ITEM # 58296 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of December 2, 2008, Ordinance to AMEND §4.1 of Appendix B, Subdivision Regulations, re deletion of minimum right-of-way width and minimum paved width for minor subdivision streets Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 25, 2008 - 44 - V - L. 1. APPOINTMENTS ITEM # 58297 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: COMMUNITY SERVICES BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION November 25, 2008 - 45 - V -L.2 APPOINTMENTS ITEM # 58298 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Gary Fentress Diane Horsley Michael Newbill Mac Rawls* Judy Connors *City Council appointed Mac Rawls to serve as Chairman for the first year Three year terms — 01/01/2009 —12/31/2011 APPOINTED: Glenn Carwell Vicki Harvey Patrick McAtamhey Bernice Pope Two year terms — 01/01/2009 —12/31/2010 APPOINTED: Bill Gambrell Harriet Frenzel Michael Little Henry Pearson One year term — 01/01/2009 —12/31/2009 HISTORIC PRESERVATION COMMISSION Voting: 9-1 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, 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: Barbara M. Henley Council Members Abstaining: Reba S. McClanan Council Members Absent: None November 25, 2008 - 46 - V -L.3. APPOINTMENTS ITEM # 58299 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Frank J. "Skip" Scanlon Ex -Officio Health Representative REVIEW AND ALLOCATION COMMITTEE (COG) Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 25, 2008 - 47 - V -L.4. APPOINTMENTS ITEM # 58300 REMOVED FROM THE AGENDA BY CONSENSUS NOT FUNDED BY THE COMMONWEALTH TIDEWATER REGIONAL GROUP HOME COMMISSION November 25, 2008 - 48 - Item V.P. ADJOURNMENT ITEM # 58301 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:01 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia Meyera .Oberndorf Mayor November 25, 2008 -48 - Item V.P. ADJOURNMENT ITEM # 58301 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:01 P.M. 20,0,/ Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia Meyera E. Oberndorf Mayor November 25, 2008