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SEPTEMBER 8, 2009 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large VICE MA YOR LOUIS R. JONES, Bayside - District 4 GLENN R DAVIS, Rase Ha/l- District 3 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - Dtstrict 2 RUBERT M. DYER, Centerville - Dtstrlct I BARBARA M. HI:NLEY, Princess Anne Dtstrict 7 JUHN r UHRIN, Beach District 6 liON A. VILlANUI:VA, At-I,arge IWSEMARY WILSON, At-Large JAMES L WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES ('ITY MANAGER JAMES K. SPORE CITY A7TORNEY MARK D. STILES CITY ASSESSOR JERALD BANAGAN C17Y AUDITOR - LYNDON S. REMIAS ('17Y CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 8 September 2009 I. CITY MANAGER'S BRIEFINGS - Conference Room - A. VIRGINIA BEACH EARLY CHILDHOOD: A Systems Approach to Serving Prenatal to Five Year aids Jenefer Snyder, Ready to Learn Coordinator B. SAND BRIDGE SAND FENCES Dave Hansen, Deputy City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION III I i CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 2:30 PM 4:30 PM ,I III I VI. FORMAL SESSION AGENDA - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. David Rieke Senior Pastor Avalon Hills Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS August 25,2009 G. FORMAL SESSION AGENDA H. PUBLIC COMMENT 1. 2010 COMMUNITY LEGISLATIVE AGENDA I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY New Cingular Wireless - Communication Tower 6009 Blackwater Road 2. CONSTITUTION DRIVE Extended Project Condemnation of Property 1. CONSENT AGENDA II III I' K. ORDINANCES 1. Ordinance to AUTHORIZE a Non-Binding Term Sheet with Hi-Sea, LLC re development of the Beach Centre Project at 31 5t Street and Pacific Avenue - BEACH DISTRICT 2. An Ordinance to AUTHORIZE acquisition of property in fee simple for the right-of-way for Constitution Drive Extended with temporary and permanent easements, by agreement or condemnation. 3. Ordinance to AUTHORIZE the City Manager to execute a five (5) year Lease with New Cingular Wireless PCS to construct, maintain and operate wireless telecommunication facilities at Fire Station No. 13, 6009 Blackwater Road 4. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned rights- of-way for COSTANCE P. LOSCHI LIVING TRUST to construct and maintain a riprap, floating pier, ramp and mooring piles on Island Lake at 2413 Broad Bay Road DISTRICT 5 - L YNNHA VEN 5. Ordinance to GRANT a Franchise to Virginia Beach Horses and allow guided horse riding tours on the Beach from September 8, 2009 - June 9, 2010, with the possibility of up to four one-year renewals 6. Ordinances to APPROPRIATE: a. $152,179 to Housing and Neighborhood Preservation re housing subsidies for Veterans b. $61,000 to Kempsville Rescue Squad, Inc. for an interest-free loan re purchase of a replacement ambulance 7. Ordinances to ACCEPT and APPROPRIATE Grants: a. $122,700 to Libraries from Smart Beginnings South Hampton Roads (SBSHR) and $5,000 from Friends of the Library re Ready to Learn program b. $83,240 to the Police Department from the Division of Motor Vehicles (DMV) re Seat Belt Law enforcement c. $80,596 to the Police Department from the Division of Motor Vehicles (DMV) re nUl enforcement L. PLANNING 1. Variance to s4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements ofthe City Zoning Ordinance (CZO) for MICHAEL K. ETHERIDGE, SR. re two parcels West of North Lynnhaven Road and Congress Street - L YNNHA VEN DISTRICT RECOMMENDATION APPROV AL I II I' I 2. Application of RAVE SOCCER COMPLEX, Modification of Condition No.2 (approved on March 23,2004), to allow adult games and ADD a new condition re an indoor soccer facility at 2949 Shipps Corner Road - BEACH DISTRICT RECOMMENDA TION APPROV AL 3. Application of CRICKET COMMUNICATIONS, INC. for Modification of Conditions Nos. 2 and 3, (approved on November 22,2005 and May 26,2009) for a communications tower at 1000 North Great Neck Road - L YNNHA VEN DISTRICT. RECOMMENDATION APPRO V AL 4. Application of USA NATIONAL KARATEDO FEDERATION OF VA., INC. for a Conditional Use Permit re an indoor commercial recreation facility (martial arts school) at 600 North Witchduck Road, Suite 103 - BA YSIDE DISTRICT RECOMMENDATION APPROV AL 5. Application of THE REBKEE COMPANY for a Change of Zoning District Classification from 0-1 Office District and R-20 Residential District to Conditional B-2 Community Business District re office and retail development at 2236 and 2240 General Booth Boulevard - PRINCESS ANNE DISTRICT RECOMMENDATION APPROV AL 6. Application of SEVEN CITIES ELECTRIC, INC. for a Change of Zoning District Classification from R-5D Residential District to Conditional B-1 Business District re office development at 1945 Centerville Turnpike - (Deferred on April 28, 2009) - CENTERVILLE DISTRICT STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION DENIAL APPROV AL 7. Application of CITY OF VIRGINIA BEACH for an Ordinance to ESTABLISH the City's zoning ordinance regulations re Wind Energy Systems (Deferred on August 11, 2009). RECOMMENDA TION APPROV AL M. APPOINTMENTS AGRICUL TURAL ADVISORY COMMITTEE BOARD OF ZONING APPEALS - BZA CHESAPEAKE BAY PRESERVATION ADVISORY BOARD HEALTH SERVICES BOARD N. UNFINISHED BUSINESS 'I "I 1 O. NEW BUSINESS P. ADJOURNMENT ********************************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** COMMUNITY SUMMIT MONDAY, OCTOBER 5, 2009 6:00 - 8:30 PM CONVENTION CENTER - ROOMS 5-A,B,C CITY COUNCIL REVIEW OF COMMUNITY SUMMIT TUESDAY, OCTOBER 6,2009 8:30 AM CONVENTION CENTER - ROOMS 4-D,E Thursday, November 12th ANNUAL JOINT MEETING General Assembly, City Council and School Board ******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 8/9/095t www.vbgov.com 'I - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 8. 2009 Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING re VIRGINIA BEACH EARLY CHILDHOOD in the City Council Conference Room, Tuesday. September 8.2009, at 2:30 P.M Council Members Present: Glenn R. Davis, Harry E. Diezel. Barbara M Henley. Vice Mayor Louis R. Jones. Mayor William D. Sessoms, Jr.. John E. Uhrin, Ron A, Villanueva, and James L. Wood Council Members Absent: Robert M Dyer [Entered: 2:40 P.MJ William R. "Bill" DeSteph [Entered: 2:40 P.MJ Rosemary Wilson [Entered: 2:38 P.MJ September 8, 2009 "I "I - 2 - CITY COUNCIL BRIEFING VIRGINIA BEACH EARLY CHILDHOOD: A Systems Approach to Serving Prenatal to Five Year Olds ITEM # 59164 2:30 P.M. The City Manager introduced Marcy Sims, Director, and Jenefer Snyder, Ready to Learn Coordinator, Public Libraries, who detailed information re the concept of VIRGINIA BEACH EARLY CHILDHOOD: "A Systems Approach to Serving Prenatal to Five Year Olds". In all the years that the City has accomplished Strategic Planning, Early Childhood Education has been one of the keystones to our success, Marcy Sims advised Dr. Newby Owens and Chris Lenoir - Public Health, would also be in attendance to share information. Marcy advised a child's success in school is linked to economic vitality of our community. 90% of brain development occurs in the first five (5) years of life A positive early childhood leads to: Strong families Increased graduation rates · Lower crime rates Higher earning potential In 1997, City leadership assigned staff to focus on early childhood and preparing children for success in school HEb.lthy Fb.fIMiliES VIRCjINIA BEACH Collaborative efforts in Virginia Beach have helped the region improve children's readiness skills, September 8, 2009 "I - 3 - CITY COUNCIL BRIEFING VIRGINIA BEACH EARLY CHILDHOOD: A Sy...tem... Approach to Serving Prenatal to Five Year Old... ITEM # 59164 (Continued) A Ready To Learn team was created in 1991'5, and a dedicated Coordinator, Jenefer Snyder, was hired in 2003, Healthy Families in Virginia Beach. a Health Department initiative, was on a similar path providing home care and counseling to At-Risk families and newborns. Healthy Families received their initial credentialing in 2U02. Ready to Learn was focusing efforts on the birth-to-five (5) year old population, while Healthy Families included the prenatal care critical to a healthy birth and start in l(fe. In 2003, one in five children entering kindergarten was not prepared. Today. that number has improved to one in eight needing remedial assistance. Currently, the ('i(v has a chaotic system 0/ many wonderful groups that touch the lives of children and families in varied ways. ;, rn ~ ~; " "'~ "" \ c ~ fI'\ ~ ~;II ~o .::.. ~ 0 :...\~ ~ ~ ~% ~~ 0{~1 \f;, '? ~ ~ ~ l't" 9 ~ ~ ~ "9"" Z ~ ~ '1:~ '1l' ~ <tr~ ~ :;A ., "9,>: 'f' G'o "9( % ~ <'0 r. .',,>c'~.6 ''''.1'1:1_ &1'('// "0. ~.~ "","7~ < ~ ""," '1r<<; is 1-;- 1>A_ c'-'('(, 1-r .~ .~ (('~ Or"..", S r,c ~ o ~ o <6 ~ <) <', ~US\Nf.SS I FORTUNE SOO \,Oi'<DS CHAMBER OF ~~~Ol' 9QUAHf ONE COIl1I\1. y.l>' . ('I/c~ C\\~MIlEK OF COMMf '"\ONOMIC D(VnOPl\1fRq' ~ i ('~N0Mh_ VITAUTI' Nr iO ~~ e. 1-.>: ....~ ~ Q(,~ 1-1! "/(~ 'I'~ "",. 0.., ~ +;.~ "-$0 0,,> '(- 'I'~ "/1" 0", '1" 0 ;'-1"'i: +/-$00 "'", 0-;, 10.. 'Po> C'1y ~>- ~~ ~., <j. ~ ~ O.t' 1-).. ~ ~, ..~ ~ '~ <>~ "'1. ~ % ~ ~ ~ ''';".f: '? "1_~ (C) '0 ~V' 1'.f'~ ~~ ~~ ;:.. ~;;.:';:" ~ "%. I/" 't '%' ~ ~ ~ ~ -1,/\ ~ 'IT 'ti.~'",,~ %, ~~ ~~ 'Pe. -0 '0, 'On ~ ~ ~, ~ ~c" ~ ~ .~ ?;.;. 3 l"" rn o ~ 1,.", o/G, .;... ,<~ '% q:. t;. <;:, ; '*' ChUI;' (J..{{',S ' HUUSING ., ~ ~ 0 g.., ~fd ",,8 J..;Q:c ";/:J ~~ ~,Q:c 'r-t::: ~~' It I.v ,f'~ ~ ~ at'~ rYlo..~ "C,J '" Q..... ,;; ,p s!? .., ,," ~o ~<,; . 'i>' ~<::J ~~ c~ p '" ::> ~" 0;;; ;::::e ~8 ~~ JQ' ~j:' ~.f S Q, ..:::-~ ~Qi' ~"Q, .....<.; $ .:.<,;","! f.,.'?-</;- ~ ~ nU_, f'(O /fo"" f VtSITING ALLlANCI. . Cltf~D 'tIt.p..~'tI 4BUSf PREVENTION .. NltN'\/>.1. Additional Re.'iOurce.\': Smart Beginnings South Hampton Road!>' Ear(v Learning Challenge Grallt: $500,000 over 5 years to implement Virginia Beach '.'1 highest priorities September 8. 2009 II I I - 4 - CITY COUNCIL BRIEFING VIRGINIA BEACH EARLY CHILDHOOD: A Systems Approach to Serving Prenatal to Five Year OIds ITEM # 59164 (Continued) The City of Virginia Beach was aVo'arded a grant in the amount of' $122, 700from Smart Beginnings South Hampton Roads (SBSHS) re: Support for early care and education providers through sharing best practices and business plans to improve the quality of care provided to children Re.'iearch early eare and education concerns for teenage moms and their bahies This item is scheduledfor today '.'I City Council Agenda (Septemher 8,20(9) Jenefer Snyder advised. as the project leader, she led the Strategic Plan which begin in February 2007, Community Planning: Work with Smart Beginnings began in 20m with the creation of' a 33-member Collaborative Planning Committee, including a cross-section ofleader.\': City, School, Community Education, Business What the Data Shows 7.5% of Virginia Beach '.'I population is younger than 5 years Approximately 6,500 births occur to Virginia Beach residents each year; 70% (~lthese births occur in hospitals outside (~l Virginia Beaeh Nearly 470 hirths to teen mother,'i in 2005,. .\1ight drop in 2007 kept Virginia Beach below the state average Single most determining factor in a child's success in school correlates to their mother..\' educational level In 62% of our families with children under age 6, both parents work and may need childcare There is not enough childcare locally to meet the demand Employee absenteeism due to c11ildcare issues cost American businesses over $3-BILLION per year Virginia Beach serves 704 At-Risk 4-year-olds through the Virginia Preschool Initiative . The General Assembly approved funding for an additional 500 children if Virginia Beach can secure the required local matching funds Each school year a child repeats costs taxpayen' almost $8,000 per child September R, 2009 III I - 5 - CITY COUNCIL BRIEFING VIRGINIA BEACH EARLY CHILDHOOD: A Systems Approach to Serving Prenatal to Five Year Olds ITEM # 59164 (Continued) Strong Assets Kindergarten success is a priority for Virginia Beach . The City dedicates significant resources to early childhood services relative other cities in the region The percentage of Virginia Beach kindergarten !;,tudents needing intervention is lower than state averages (and has heen decreasing): 2004 2 ()()8 19.8% 12 % Virginia Beach standards of learning proficiency rates are higher than state averages and other cities in the region Our childcare providers have higher compensation rates than other cities in the region Community Action Plan While we have strong assets, ourfunding and resources are still helow what is needed to help ensure all children enter kindergarten ready to succeed Step I: Invite 8 more childcare centen' to participate in QRIS (Quality Rating and Improvement System) and provide support for improvements High quality childcare means hig returns for our children and our economic vitality Step 2: Convene a ta,\'k force to e,..tah/i...h a comprehensive approach to serving teen parents and their bahie.\' Step 3: Develop focus for the Virginia Preschool Initiative, including finding funds to increase the local match - investing now will save later Smart Beginnings of South Hampton Roads commissioned The Finance Project in Washington D.C. to map current resources supporting early childhood in Virginia Beach Suggests ways to maximize fimding and resources, including Virginia PresdlOol Initiative Recommend... capitalizing on opportunities to coordinate existing resources September 8. 2009 III I - 6 - CITY COUNCIL BRIEFING VIRGINIA BEACH EARLYCHlLDHOOD: A Systems Approach to Serving Prenatal to Five Year Olds ITEM # 59164 (Continued) Community Action Plan (Continued) City stll;ff was already exploring options.f(Jr Re(l({j! to Learn and Healthy Families To capitalize on opportunities and maximize resources, we are creating a new City entity that will enable us to bring together myriad organization!i, government, non- profit and community agencies serving pre-natal to live year olds The vision of this new group, called Virginia Beach GrowSmart, is: "All children in the City of Virginia Beach will be born healthy, continue to thrive and enter kindergarten ready to succeed in school and in life. " VBparents. com: New, comprehensive, "one-stop" online resource for Virginia Beach parents emphasizing the City's commitment to families and children. VBParents.com was just referenced in an article in U.S. NeVI'S and World Report listing Virginia Beach as one of America 's IO Best Places to Grow Up. America's 10 Best Places to Grow Up Low crime, strong schools, green spaces and fun activities are key ingredients for a happy childhood By Luke Mullins, August 19, 2009 Virginia Beach is # 1 Jenefer advised re the concept of inviting H (eight) more childc:are centers to participate in QRIS (Quality Rating and Improvement System) and provide supportfor improvements. The Committee is still in the process of selecting these eight (8) childcare centers and is utilizing the Smart Beginnings Regional process. The pilot program is reviewing locally owned childcare facilities (not corporations) and will assist with the quality aspect and business practices. Many of the applications have been received, but selection fiJr these eight (X) programs have not been made. In/emts and toddlers are a concern in the area and the Committee is hoping that out of the eight (H) centers, a minimum of two (2) of them will provide care for infants and toddlers. This is afive-year grant opportuni(V. Just because a center might not be selectedfor this first year, it does not mean the Commiltee would not continue this process. September H. 2009 II I - 7 - CITY COUNCIL BRIEFING SANDBRIDGE SAND FENCES 2:55 P.M. ITEM # 59165 Dave Hansen, Deputv ('ity Manager, provided inj(Jrmation re Sandbridge Sand Fences, reviewed the Chronology ofE'vents: Chronology of Events Mid April: Sandbridge Beach Civic League (SBCI) members contacted Borough Council Member re beach encroachments April2rl - 24th Staff investigated reports of illegal encroachments and beach grading activity May 1 ih Staff briefed City Council on impacts and hazards associated with sand fence installation May2rt Stl~tl (Public Work\/Real E,\'tate, Coastal Engineering, and City Attorney) met with Community Leaders to present concerns and receive input May 2~h Letter mailed to Oceanfront property owners outlining City's concerns with sand fences and advising of June 20, 2009, Civic League Meeting June 2(jh Staff attended Sandbridge Beach Civic League meeting to present City's concerns and receive public input June 25th Received letter from FWS requesting coordination June - August Stl~tl drl~tied sand fence installation guidelines July 3(l' United States Army Corp,\' of Engineers, Norfolk District, Colonel and Chief of Technical Services made a site visit August 26th Received response from United States Army Corps of Engineer in regards to Sand Fence Guidelines draft Correspondence jrom William A. ,)'orrentino, .II'" Chief Engineering Construction and Operations Division Department olthe Armv, Norf(Jlk District Corps olEngineers, was distributed to City Council and is herehy made a part of the record In general, the proposed Guidelines are acceptable. Based on the Corps of Engineers Coastal Engineering Manual, it is their opinion that sand fences properly constructed and maintained will reduce windblown sand losses from the beach berm which is beneficial to the overall project. September 8, 2009 III I I - 8 - CITY COUNCIL BRIEFING SANDBRIDGE SAND FENCES ITEM # 59165 (Continued) In order to ensure sand fencing does not intafere 1-l'ith hoth the puhlic's right to use the heach (to include access to the heach) and heach replenishment operatiuns. the following restrictions are required to be incorporated into the C'ity CJuidelines: Sand fencing shall only be allowed within 20 horizontal feet of the public easement line. No sandfencing shall be allowed outside this 20-foot zone. Existing sandfencing that extends more than 20 feet from the public easement line shall be moved back to within ]0 feet ofthe public easement line A minimum horizontal distance oj] OUfed shall be maintained between the sand fencing and the meun high water line. Should shoreline erosion cuuse the horizontal distance to decreuse to less thun ] OOfeet. sundfencing shull be removed to the extent necessary to muintuin the] OO-fiJOt minimum distunce, All sand fencing within the easement shall be removed prior to the beginning of a beach replenishment project. Sand fencing shull be removed !f public use (~j' the recreational easement area becomes adversely affected. Sandbridge Sand Fence Installation Guideline!;' Wlty tlte guidelines are needed: . When proper(v installed. sund fences help build dunes by trapping wind-blown sand. But, if installed improper(v und not maintuined. t!1I!.V ('Un pose u risk to public saj(dy, impede public access und use of the recreutionul beach urea, as well as hinder emergency vehicle und beach maintenance access at times of high tide. Improperly installed sand fences can also trap, or endanger, sea turtles, their nests or hatchlings. . In recent :ve aI's , the umount of sand fencing along the beuch has grown significantly as property oyvners have sought to protect their hO/l/esf;'o/l/ windblown sund. As such. sandfencing some of which is improperly installed or neglected now line the beuch und encroach into the recreutional puhlic heuch easemenl. . 7hese Guidelines ure to establish u polic}' that will allmv sand fencing to be installed within the public recreutional beuch easement in U/7 ullempt to establish dunes of sufficient height to minimize the accumulation of windblown sand on private property. the Guidelines are needed to ensure that the public use of the recreational beach. beach maintenance and beach renourishment activities are not negative Iv impacted b:v the installation ofsandfencing. Wltat tlte Guidelines say: Installation (~rsamlfencing must meet the.f(Jllowing criteria: lhe fencing must he placl!d as far landwurd us possible to avoid interference with seu turtle nesting. public UCCI!SS und use oj'the beuch The landward end of sand fencing must tie into the existing bulkhead. easement line, or estublished dunes. Dunes must be contiguous to the bulkhead or easement line September 8. 2009 III I' - 9 - CITY COUNCIL BRIEFING SANDBRIDGE SAND FENCES ITEM # 59165 (Continued) Installation of sand fencing must meet the following criteria: (Continued) The fencing must be installed at a -I5-degree angle to the shoreline Each section offence must not he longer than 10 feet. and sections must be spaced at least 7feet apart. (Once 50% of thelence height and length has heen covered by sand, an additional section offencing (.'(1/1 he installed at the 5 f(JOt point attached to the existing row offencing) Sandfencing shall he allowed only to extend 20 horizontal feet from the public easement line. No sand fencing shall be allowed outside this 20 foot zone A minimum horizontal distance oflOOfeet shall he maintained between the sand fencing and the mean high water line (MII1Y) The fencing must be no taller than 5 feet and huilt from even!.v .\paced thin wooden vertical slats connected with twisted l,vire Sand fences must not be installed within 20feet ofa public beach access Sandfences must he installed without the use of mechanical equipment No grading or pushing up of sand will he allowed to create berms or dunes Actions to be taken by the property owner ~f d~tfering or changed conditions occur: If sand fencing is not installed in accordance to the Guidelines, it must be removed and/or re-installed in accordance to the Guidelines. If sand fence hecomes loose. hroken or deemed to he hazardous, it must he removed or repaired. Ifsandfence hecomes exposed hy high tides or erosion, it must be removed. Existing sand fences that extend more than 20feet from the public easement line shall be moved hack to within 20feet of the puhlic easement line. Should shoreline erosion cause the horizontal distance hetween the sandfencing and MHW to decrease to less than lOOfeet, samlfencing shall he removed to the extent necessar,V to maintain the 100 foot minimum distance. Compliance Admini.\.tration . The Sandbridge Civic League agrees to create a Beach Compliance Sub-Committee tasked to identify noncompliance instances. They are tasked with notifying in writing the responsible owner of the noncompliance and requesting corrective action within fourteen days. . If the responsible owner does not take corrective action, the Sandbridge Civic League notifies the Ci~v 's Puhlic Works Coastal Engineer Division via email with a scanned copy of the notification memo from the Beach Compliance Committee. The Coastal Division office investigates and provides written notification to (he owner of the need to correct the noncompliance within flJUrteen (l-/) dal',\. September 8, 2009 i I III I' - 10 - CITY COUNCIL BRIEFING SANDBRIDGE SAND FENCES ITEM # 59i65 (Continued) Compliance Administration (Continued) . If the responsible owner does not take corrective action, the Coastal Division will notify the Department of Housing and Neighborhood Preservation who will investigate and issue a notification of noncompliance and the uwner will he allowedfourteen (l4)days to take corrective action. . Ijthe responsible owner does not take corrective action, they .vill he cited and subsequentlvfined or taken to courl. LI}()n (h\position oj the case, the Public Works Department will initiate corrective aclion at Ih1.:' owner's expense. Mr. Hansen introduced Karen Moyer, who will Chair the Sandbridge Civc League Sub-committee. Karen Moyer. appointed hy the Sandbridge Civic League President. advised the Board will meet Monday night. September 22, 2009. She will make copies of the Sandbridge Beach Encroachments presentation and deliver to the Board. Then the process ofmeeling with the Sandbridge Civic League Sub-Committee shall commence. Beach Replenishment Project Provision: The full width of the beach berm within the easement will be used for staging pipelines and ,\preading beach fill material. All fencing within the easeml!nt will need to be removed prior to the beginning of a sand replenishment project or when public use of thl! recreational easement area is adversely affected. When sand fencing requires removal due to a pending beach replenishment cycle or when public use of the recreational easement is adversely affected. thl! owners will be provided a brief period of time to reclaim and retrieve the sandfences. However, upon a published and date certain. the conflicting sand fences will be removed by the City or its agents to facilitate the beach replenishment project and to ensure public access and llse oj the recreational beach area. Mr. Hansen di,\played the installation Guideline Plan View The Way Forward Allow the Sandbridge Civic League to review the United States Army Corps of Engineers' (USACE) memo at their September meeting Receive the Sandbridge Civic League comments in compliance Have staff work with the Sandbridge Compliance Sand Fences Subcommittee to effect a workable process September 8. 2009 , I II I - 11 - CITY COUNCIL LIAISON REPORTS 3:26 P.M. ITEM # 59166 HAMPTON ROADS TRANSIT Councilman Wood. Chairman. Hampton Roads Transit (HRT) Board of Commissioners, distributed copies of the Virginia Transit Extension Study public meeting, September 9,2009. Public Hearings will be conducted: September 9, 2009 September 10, 2009 Princess Anne High School Convention Center 6:00 P.M. - 8:00 P.M. 6:00 P.M. - 8:00 P.M. ITEM # 59167 MAYOR'S COMMISSION ON AGING Council Lady Henley, Liaison Mayor's Commission on Aging, advised a Transportation Forum was scheduled Frid(~v, September II, 2009. 10:00 A.M . 12:00 P.M. at the Kempsville Recreation Center. Mayor Sessoms, as well as representatives o.lHampton Roads Transit, will be speaking. ITEM # 59168 BIKEW A YS/TRAILS AD VISOR Y COMMITTEE Councilman DeSteph. Liaison Bikeways/Trails Advisory Committee, advised September 13 through Septemher 20, 2009. is Bic:vcle Awareness Week in the State of Virginia. Barbura Duke - Planning, is coordinating One of the events is un II-mile ride leaving from Performance Bike Shop on Virginia Beach Boulevurd at i'l:OO A.M. September 8, 2009 III II - 12 - CITY COUNCIL COMMENTS 3:30 P.M. ITEM # 59169 As Councilman Davis was ahsent during the Septemher /, 2UU9, Workshop re the proposed 2010 Legislative Agenda, he advised one of the topics expressed hy the business community was a "defined benefit ", the ahility to have the same option as the Ci(v o/'Norfolk and others. Mayor Sessoms would like the ability to request two (2) City Council members, discuss the subject of VRS with staff members of the public and come back with a recommendation to City Council. ITEM # 59170 Councilman DeSteph referenced the success of the Rock 'n' Roll Y:Z Marathon, on September 5, 2009, and the Beach Music Fest. This is the fourth year Councilman DeSteph has helped coordinate the Congressional Running Club participation which has increased from three (3) to twenty-eight (28) runners, Mayor Sessoms advised there were over 20,000 registered runners and twenty (20) bands on fourteen (14) stages participating Mayor Sessoms expressed appreciation for the valuable services provided. City staff worked twenty~four (24) hours without sleep. Hampton Roads Transit provided excellent accommodations with the eificien(:v of the buses. The American Music Festival provided extraordinary entertainment. Restaurants and hotels were/idlv occupied. ITEM # 59171 Councilman DeSteph distributed a proposed Resolution commemorating Robert F. "Bob" Hedrick. Said Resolution is hereb.v made a part of the record. Councilman DeSteph requested M(~vor and City Council review the Resolution and advise any changes they may wish /U make. September 8, 2009 II III I' - 13 - AGE N DA REV I E W S E S S ION ITEM # 59/72 3:35 P.M. Kl. Ordinance to A UTHORIZE a Non-Binding Term Sheet with Hi-Sea, LLC re deVl!lopment of the Beach Centre Project at 31" Street and Pacific Avenue - BE4Cl! DIS7RICT Council Lady Wilson inquired re angle versus parallel parking for the shops such as Ragged Robin and Wayne Jones Flowers on Laskin Road. The Ci~v Manager advised staff has met with the shop owners and short term meter spaces or loading spaces is being considered. Another option is parking across the street. Council Lady Wilson also requested the staff' work on the timing of the lights at Baltic where there is a back up of pedestrians crossing at 301h Street, Mayor Sessoms believes the next major with the communi(v is to address a north/south traffic flow. ITEM # 59173 K5. Ordinance to GRANT a Franchise to Virginia Beach Horses and allow guided horse riding tours on the Beach/rom September 8.2009 June 9,2010, with the possibility of up to four one-year renewals Council Lady Henley expressed concern as she did not receive a copy of the Franchise Agreement. Deputy City Attorney Rod Ingram wi/! provide a copy oj'the Agreement which is based on the prior agreements and maintains all the prior requirementsfbr overseeing the horses. ITEM # 59174 BY CONSENSUS, thef(Jllml'ing ift'tns shall compose the CONSENT AGENDA: K ORDINANCES 1. Ordinance to A UTHORIZE a Non-Binding Term Sheet with Hi-Sea, LLC re development of the Beach Centre Project at 31" Street and Pacific Avenue - BEACH DISTRiCT 2. An Ordinance to A UTHORIZE acquisition oj'property infee simple for the right-of v.'a}'j(Jr Constitution Drive Extended with temporur.v and permanent easements, by at{reement or condemnation. 3. Ordinance to A UTHORIZE the City Manager to execute afive (5) year Lease with New Cingular Wireless PCS to construct. maintain and operate wireless telecommunication facilities at Fire Station No. 13, 6009 Blackwater Road 4. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned rights-oFwayf(Jr COSTANCE P. LOSCHI LIVING TRUST to construct and maintain a riprap, .Iloatint{ pier. ramp and moorint{ piles on Island Lake at 2413 Broad Bay Road DIS7RICT 5 /,YNNflA VEN September 8, 2009 .11 - 14 - AGE N DA REV I E W S E S S ION ITEM # 59174 (Continued) 5. Ordinance to GRANT a Franchise to Virginia Beach Horses and allow guided horse riding tours on the Beachfrom September 8, 2009 ~ June 9, 2010. with the possibility of up to four one-year renewals 6. Ordinances to APPROPRIA TE: a. $152,179 to Housing and Neighborhood Preservation re housing subsidies for Veterans b. $61,000 to Kempsville Rescue Squad, /nc.for an interest-free loan re purchase of a replacement ambulance 7. Ordinances to ACCEPT and APPROPRIATE Grants: a. $122,700 to Libraries from Smart Beginnings South Hampton Roads (SBSHR) and $5, 000 from Friends of the Library re Ready to Learn program b. $83.240 to the Police Department from the Division of Motor Vehicles (DMV) re Seat Belt Law enforcement c. $80,596 to the Police Department.from the Division of Motor Vehicles (DMV) re DUI enforcement September 8, 2009 , I III I - 15 - AGE N DA REV I E W S E S S ION ITEM # 59175 L.2, Application of RA VE SOCCER COMPLEX Modification of Condition No.2 (approved on March 23,2004), to allow adult games and ADD a new condition re an indoor soccer facility at 2949 Shipps Corner Road - BEACH DISTRICT Vice Mayor Jones advised speakers were registered on this application. ITEM # 59176 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: I. Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for MICHAEL K. ETHERIDGE, SR. re two parcels West of North Lynnhaven Road and Congress Street - LYNNHA VEN DISTRICT 3. Application of CRICKET COMMUNICA TIONS, INC. for Modification of Conditions Nos. 2 and 3, (approved on November 22, 2001iftnd May 26, 2009) for a communications tower at JOOO North Great Neck Road - ''iYNNHA VEN DISTRICT. 4. Application of USA NATIONAL KARATEDO FEDERATION OF VA., INC.fora Conditional Use Permit re an indoor commercial recreationfacility (martial arts school) at 600 North Witchduck Road, Suite 103 - BAYSIDE DISTRICT 5. Application of THE REBKEE COMPANY for a Chanrze ofZonin[! District Classification from 0-1 Office District and R-20 Residential District to Conditional B-2 Community Business District re office and retail development at 2236 and 2240 General Booth Boulevard - PRINCESS ANNE DISTRICT 6. Application of SEVEN CITIES ELECTRIC, INC. for a Change of Zoning District Classification from R-5D Residential District to Conditional B-1 Business District re office development at 1945 Centerville Turnpike - (Deferred on April 28, 2009) - CENTERVILLE DI,)'7RICT 7. Application of CITY OF VIRGINIA BEACH for an Ordinance to ESTABLISH the City's zoning ordinance regulations re Wind Energy Systems (Deferred on August 11, 2009). Item L.6. (SEVEN CITIES ELECTRIC, INC.) shall be DEFERRED INDEFINITELY, BY CONSENT. Item 7. (CITY OF VIRGINIA BEACH Ordinance re Wind Energy Systems), ALTERNA TE ORDINANCE, shall be APPROVED, BY CONSENT. September 8, 2009 III I' - 16 - ITEM # 59177 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711 (A), Code of Virginia, as amended,for the following purpose: PERSONNEL MA TTERS: 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 PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of City Property: Kempsville District Bayside District PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2,2-3711 (A) (30) EDJP Grant Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 3:44 P.M. September 8, 2009 Voting: 9-0 - 17 - ITEM # 59177 (Continued) Cuuncil Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin and Ron A. Villanueva (Closed Session: 3:44 P.M. - 5:22 P.M.) (Break: (Dinner: 3:45 P.M. - 3:55 P.M.) 5:22 P.M. - 6:00 P.M.) "I I September 8, 2009 III I - 18 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 8, 2009 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 8, 2009, at 6:00 P.M Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Absent: None INVOCA TION: Reverend Rod Puckett Pastor, Avalon Church of Christ PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009. is hereby made a part of the record. 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 Financia/") 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. September 8, 2009 i I III - 19 - 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 personal~v 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 Coriflict of Interests Act. it is her practice to thorough~y review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation. the size of Prudential. and the volume of transactions it handles in any given year. Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Coriflict of Interests Act. it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential coriflict. 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. September 8, 2009 "I - 20 - Item V-E. CERTIFICA TION ITEM # 59178 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. On(v public business matters lawfully exempt from Open Meeting requirements hy 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 Oty Council. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. . 'Bill " DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Memhers Absent: None September 8,2009 \ I III 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 #59177, Page 16, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body that sllch Closed Session was conducted in conformity with Virginia law. NO'ff, THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~~r~ th Hodges raser, MMC City Clerk September 8, 2009 ,I III - 21 - Item V-F.I ITEM # 59179 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, Council APPROVED the MINUTES of the FORMAL SESSION of August 25,2009. Voting: 11-0 Council Members Voting A.'ve: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. .Jones, Mayor William D. Sessoms, .Jr" .John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and .James L. Wood Council Members Voting Nay: None Council Members Absent: None September 8, 2009 Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSU'i, City Council ADOPTED: III - 22 - ITEM # 59180 AGENDA FOR THE FORMAL SESSION September 8, 2009 II - 23 - Item V-H. MAYOR'S RECOGNITION ITEM 59181 Mayor Sessoms RECOGNIZED the folio wing Boy Scout in attendance to earn their merit badges for Communications and Citizenship in the ( 'ommunity: Boy Scout Troop 63 Sponsored by: Frances Ashbury Church Christian Gauthier Mavor Sessoms presented the ;')cout wilh a ( 'ill) 5,'ea! Pin. September 8. 2009 - 24 - Item V-H.I. PUBLIC COMMENT ITEM 59182 Mayor Sessoms WELCOMED PUBLIC COMMENT: 2010 COMMUNITY LEGISLA TIVE AGENDA There being no speakers, Mayor Sessoms CLOSED tlte PUBLIC COMMENT. 'I II September 8, 2009 - 25 - Item V-I.J. PUBLIC HEARING ITEM # 59183 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTY New Cingular Wireless - Communication Tower 6009 Blackwater Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. 'I I I September 8. 2009 II II I' - 26 - Item V-I. 2. PUBLIC HEARING ITEM # 59184 Mayor Sessoms DECLARED A PUBLIC HEARING: CONSTITUTION DRIVE Extended Project Condemnation (~r Proper~v Thefollowing registered to speak in OPPOSITION: David Daniels, 443 Segunia Court, Phone: 753-R543, Member Board of Director - Columbus Station East. Documents were not received until todal' at 3:00 P.M. Their attorney did not have time to review the contracts, which did not include Columbus Station. The plat has not been received jor review. There are serious erosion concerns along some of the buildings that have the possibility ojfalling into the Creek. The residents do not know with whom re.\ponsibili(v for negligence lies. This jour-lane bridge will cause further damage. The residents are requesting deferral for review. Shirley Begay, 112 Castilian Drive, Phone: 333-3340, Secretary- Board of Directors - Columbus Station East. Ms. Begay reiterated documents were just received today ajter 3:00 P.M. Two (2) Members of the Board met with Jim Lawson - Real Estate, approximately one and 'half weeks ago. Mr. Lawson was toforward an offer to rent properly infront (~ftheir community. The Vice President of the Boardfinally reached Mr. Lawson who advised an offer had been made. The Board has not had the time to reviev.' the contract. The Contract does not include Columbus S'tation East Condominium Association. The contract on~l' states Columhus Station Condominium Association. The cuntract is also for a sale of proper(v, not rental. Ihe Board wil/not rea/ve copies of the plats until tomorrow, City Attorney Mark Stiles advised if the ('itl' Council were to ADOPT the Ordinance to AUTHORIZE acquisition o.fproperty infee simple jl)r the right-olwayfor Constitution Drive Extended with temporary and permanent easements, b.v agreement or condemnation, there would still be an opportunity for voluntary negotiation prior to an eminent domain proceeding beingfiled. There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. September 8, 2009 II II - 27 - Item V-K. ORDINANCES ITEM # 59/85 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items2, 2, 3, 4, 56 a.h., and 7a.h.c. of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel. Robert M Dyer. Barbara M Henley, Vice Mayor Louis R. Jones. Mayor William D. Sessoms, Jr.. John E. Uhrin, Ron A, Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Councilman DeSteph voted a VERBAL NA Y ON Item K. 2. (Constitution Drive Extended) September 8, 2009 II ,II - 28 - Item V-K.1. ORDINANCES ITEM # 59186 Upon motion by Vice Mayor Jones. seconded by Councilman Dyer, City Council ADOPTED: Ordinance to A UTHORIZE a Non-Binding Term Sheet with Hi-Sea, LLC re development of the Beach Centre Project at 3 r Street and Pacific Avenue -- BEACH DISTRICT Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms. Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 8, 2009 II III 1 ORDINANCE APPROVING A NON-BINDING TERM 2 SHEET WITH HI-SEA, LLC, RELATING TO THE 3 DEVELOPMENT OF THE PARCEL LOCATED AT 4 THE NORTHWEST QUADRANT OF THE 5 INTERSECTION OF 31sT STREET AND PACIFIC 6 AVENUE IN VIRGINIA BEACH 7 8 WHEREAS, Hi-Sea, LLC ("Developer") has contracted to purchase parcels of 9 land and the improvements thereon located at the northwest quadrant of the 10 intersection of 31st Street and Pacific Avenue in Virginia Beach comprising 11 approximately 3 acres (the "Property"); 12 13 WHEREAS, Developer wishes to develop a mixed use project (the "Beach 14 Centre Project") on the Property consisting of residential, office and business units; 15 16 WHEREAS, the City of Virginia Beach (the "City") has planned improvements to 17 Laskin Road and surrounding areas in Virginia Beach, more particularly described as 18 CIP 2-143 Laskin Road Gateway Project (the "Laskin Road Gateway Project"), which 19 will be a phased project; 20 21 WHEREAS, Developer plans to coordinate its development schedule for the 22 Beach Centre Project with the City of Virginia Beach's planned development schedule 23 for Phase III of the Laskin Road Gateway Project; and 24 25 WHEREAS, Developer has requested that the City and Developer enter into a 26 non-binding term sheet which coordinates development plans and schedules for the 27 Beach Centre Project and the City's Laskin Road Gateway Project; 28 29 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute a non-binding term sheet 33 with Hi-Sea, LLC, to set forth coordination of development efforts of the Beach Centre 34 Project and the Laskin Road Gateway Project, in accordance with the Summary of 35 Terms attached hereto, and such other terms, conditions or modifications as may be 36 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the _8I.h 39 day of ---S.eptpmhpr , 2009. APPROVED AS TO CONTENT: ~n~~e~~~ fu.- CA-11200 Ilvbgov.comldfs 1 lapplicalionslCilylawprodlcycom321WpdocslD0251P005100022915. DOC 8/27/09 R-1 APPR SUFF / City At 2 II III ,,,/0- 'I II I' SUMMARY OF TERMS Non-Binding Term Sheet for Beach Centre Project CITY: City of Virginia Beach DEVELOPER: Hi-Sea, LLC PROPERTY: Northwest quadrant of the intersection of 31st Street and Pacific Avenue, Virginia Beach, Virginia EDIP: Developer to apply for $1.8 million in EDIP funds to be paid over two fiscal years and to be based on eligibility CITY'S RESPONSIBILITIES: . Improve sidewalk area from top of curb to edge of right-of-way on all four sides of Property block in accordance with City-approved streetscape development plans. . Work in good faith to complete its street and sidewalk improvements in accordance with City's master schedule for CIP 2-143 Laskin Road Gateway Project. To facilitate completion in a timely manner, City will include penalty payment language in its construction contract consistent with the City's standard contracting procedures for failure to complete on time. . Subject to agreement of private property owners, City will construct and install landscaping and other streetscape improvements on the private property contiguous to the right-of-way line on the south side of Laskin Road. . Maintain public right-of-way in accordance with City standards. . Issue RFP for leasing of 3 reserved valet parking spaces for 40 years. Valet parking spaces to be located adjacent to Property on Laskin Road and are intended to be amenity for surrounding businesses. . Profits from awarded lease to be applied toward Laskin Road Gateway Streetscape Maintenance. . Consider adopting resolution designating area in which Property is located as a revitalization area. . Consider adopting resolution creating a special service district encompassing Laskin Road Gateway area. 'I II DEVELOPER RESPONSIBILITIES: · Perform all improvements on the Property. · Responsible for all maintenance of all private improvements on the Property. Ilvbgov comldfs 1 lapplicationslcitylawprodlcycom321WpdocslD0251P005100022928. DOC 'I II - 29 - Item V-M.2. ORDINANCES ITEM # 59/87 Vice Mayor Jones requested the City Mat7aKer schedule a meet inK with the representatives of Board of Directors - Columbus Station Hast A MOTION was made by Councilman DeSteph to DEFER this Ordinance for fourteen (14) days, until the City Council Session of September 22,2009. Motionfailedfor lack of a SECOND. David Hansen, Deputy Ci~y Manager, advised the project was to commence September 17, 2009. A delay offourteen (14) days would delay the start of construction. The City is in the final negotiation of the developer's bid analysis and this is expected tu be concluded within the next seventy-two (72) hours. The easement is as described. a construction easement and does not require a take of any land. The City has approached the Condominium Board. which has retained a d!flerent a((orney and there are some issues internal to their orKanization with regard to se((lement q/structures for buildings previously mentioned. An infrastructure survey is part o/the contract and a reputahlefirm has been retained to conduct that survey. There will be a complete survey (~/the status o!each of the buildings and said injormation will be provided to the condominium association. Analysis of the plats will be provided and the City will work with whichever Board is in charge of the Condominiums. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ci~v Council ADOPTED: An Ordinance to A UTIJORIZE acquisition o/property in fee simple for the riKht-orwal' f()r Constitution Drive Extended with temporarv and permanent eas('ments, hv LlKreement or condemnation. Voting: 10-1 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry};. Diezel. Rohert M. Dyer, Barbara M. Henley, Vice Ma.vor Louis R. .Jones. Mayor William D. Sessoms, Jr., .John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting N(~v: William R. "Bill" DeSteph* Council Members Absent: None * Verba/ Nay September 8, 2009 'I 'I 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR CONSTITUTION 4 DRIVE EXTENDED (CIP 2-208) AND THE 5 ACQUISITION OF TEMPORARY AND 6 PERMANENT EASEMENTS, EITHER BY 7 AGREEMENT OR CONDEMNATION 8 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the construction of this important roadway project to improve 12 transportation within the City and for other related public purposes for the preservation of 13 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 14 people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.1-91, et seQ., and Title 21 25.1 of the Code of Virginia of 1950, as amended, of real property in fee simple, and 22 temporary and permanent easements (collectively, the "Property"), as shown on the plans 23 entitled "CONSTITUTION DRIVE CITY OF VIRGINIA BEACH CIP 2-208 FROM: 0.256 24 MILES SOUTH OF VIRGINIA BEACH BOULEVARD TO: INTERSECTION OF 25 BONNEY/BENDIX ROAD," (the "Project") and more specifically described on the 26 acquisition plats for the Project (plats and plans collectively referred to as the "Plans"), the 27 Plans being on file in the Engineering Division, Department of Public Works, City of Virginia 28 Beach, Virginia. 29 30 Section 2. That the City Manager is hereby authorized to make or cause to be 31 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 32 reasonable offer to the owners or persons having an interest in said Property. If refused, 33 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of 36 September , 2009. PREPARED: 8/26/09 CA 11194 R-1 \\vbgov .com\dfs 1 \applications\citylawprod\cycom32\wpdocs\dO 18\P006\00022370. doc APPROVED AS TO CONTENT ~1lmK ("~S'A BLlC WORKS/REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND F~RM / ~ ' (\ il(4)~~/ crrt ATTOR~ \ '" ~ -%. 00 Q,. ~ ~ % <; ~ ; ~ ". G '% -.I 0 g- a ~ ~ ~n zo::i ~'~o-ng g ..~~ *- 'A. ~ tv ~ ~ ~ t, __ ;lit S "tg tn .". fi ~ ~ tn "'0 g ~ ~ \2. """ ~. n'\ t 6 l '8 0. cr> 0. 'I "I - 30 - Item VK.3. ORDINANCES/RESOL UTIONS ITEM # 59188 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to execute a jive (5) year Lease with New Cingular Wireless PCS to construct, maintain and operate wireless telecommunication facilities at Fire Station No. 13, 6009 Blackwater Road Voting: 1 1-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 8, 2009 i I III 1 AN ORDINANCE TO AWARD A LEASE OF A PORTION OF 2 THE CITY PROPERTY LOCATED AT 6009 BLACKWATER 3 ROAD (FIRE STATION NO. 13), IN THE PRINCESS ANNE 4 DISTRICT, FOR THE PURPOSE OF CONSTRUCTING, 5 MAINTAINING AND OPERATING WIRELESS 6 TELECOMMUNICATIONS FACILITIES 7 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain property 10 located at 6009 Blackwater Road (Fire Station No. 13), in the District of Princess Anne (the 11 "Property"); and 12 13 WHEREAS, the City owns a communications tower upon the Property, which 14 communications tower is currently unused; and 15 16 WHEREAS, New Cingular Wireless PCS, LLC, a Delaware limited liability company 17 ("New Cingular"), desires to lease a portion of the Property, together with easements for 18 vehicular and pedestrian access and for the installation, maintenance and replacement of 19 necessary utilities, wiring, cables and other conduits for the purpose of constructing, 20 maintaining and operating wireless telecommunications facilities, including antennas, 21 connecting cables and appurtenances on the aforesaid communications tower; and 22 23 WHEREAS, subject to the approval of the City Council, New Cingular and City staff 24 have agreed upon the terms of a proposed lease setting forth the responsibilities and 25 obligations of the parties; 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. That the City Manager is hereby authorized and directed to execute, on 31 behalf of the City, the lease entitled "Communication Tower Lease Agreement (Blackwater 32 Tower Site), City of Virginia Beach, Lessor and New Cingular Wireless PCS, LLC, Lessee 33 NF325 Blackwater / 10090307)," a summary of the material terms of which lease is hereto 34 attached and a copy of which is on file in the Office of the City Attorney; 35 36 2. That the rents received from New Cingular under the Lease shall be posted 37 as revenue to the General Fund to support ongoing Fire Department operations; and 38 39 3. That the lump-sum payment to be received from New Cingular pursuant to 40 Paragraph 23 (d) of the Lease in the amount of Twenty-Six Thousand Dollars ($26,000.00) 41 to cover costs of installing the City's equipment on the communications towers shall be 42 appropriated to Capital Improvement Project 3.142 (Communications Infrastructure 43 replacement Phase II). 44 'I 'I Adopted by the Council of the City of Virginia Beach, Virginia, on the Rt-h day of Sp-ph~mhpr , 2009. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: ?/,e Fire Depart~ -- APPROVED AS TO LEGAL S~:;;;1t. ft(~ City Attorney's Office APPROVED AS TO CONTENT: B Management Services CA-11243 R-1 August 24, 2009 2 , II II II I' Blackwater Fire Station Communications Tower Lease Summary of Material Terms Parties: City of Virginia Beach and New Cingular Wireless, PCS, LLC Leased Area: Portion of existing communication tower and ground space at Blackwater Fire Station (6009 Blackwater Road, Princess Anne District), plus easements for access, etc. Term: Five years; both parties may agree to extend for additional five Rent: Base rent of $14,000/yr; Lessee to provide lump-sum payment of $26,000 and make structural modifications to support its equipment and that of the City. Total compensation to City over 5-year term is $148,328 Contingency: Lease is contingent on granting of a conditional use permit and other governmental approvals; Other: Conditions of conditional use permit are incorporated by reference into the lease; lessee also must comply with applicable provisions of City Zoning Ordinance, other ordinances and state or federal laws 'I 'I' - 31 - Item VK.4. ORDINANCES ITEM # 59189 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned rights-ofway for CONSTANCE P. LOSCHI LIVING TR UST to construct and maintain a riprap, floating pier, ramp and mooring piles on Island Lake at 2413 Broad Bay Road DISTRICT 5 - LYNNHA VEN The following conditions shall be required: 1. In consideration of the premises and of the benefits accruing, or to accrue, to the Applicant and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Applicant permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. 2. The Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach providing, however, nothing shall prohibit the City from immediately removing, or ordering the Applicant to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Applicant shall bear all costs and expenses of such removal. 3. The Temporary Encroachment terminates upon notice by the City to the Applicant, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Applicant: and the Applicant will bear all costs and expenses of such removal. 4. The Applicant shall indemnify, hold harmless and defend the City, its agents and employees, from and against all daims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence (}lthe Temporary Encroachment. 5. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction (}f an}' encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Applicant. 6. The Applicant agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 7. The Applicant must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit "). September 8, 2009 II "I I' - 32 - Item VK.4. ORDINANCES ITEM # 59189 (Continued) 8. The Applicant shall establish and maintain a riparian buffer. which shall be a minimum offifteen (15) feet in width landward from the shoreline. shall run the entire length of the shoreline. shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer "). The Buffer shall not be established during the months of June. July or August. so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit. the Applicant must post a bond or other security. in an amount equal to the estimated cost of the required Buffer plantings. to the Department of Planning to insure completion of the required Buffer. The Applicant shall notify the Department of Planning when the Buffer is complete and ready for inspection. Upon satisfactory completion of the Buffer as determined by the City. the bond shall be released. An access path. stabilized appropriately to prevent erosion. through the Buffer to the shoreline is allowed. 9. The Applicant must obtain and keep inforce all-risk property insurance and general liability or such insurance as is deemed necessary by the City. and all insurance policies must name the City as additional named insured or loss payee. as applicable. The Applicant also agrees to carry comprehensive general liability insurance in an amount not less than $500.000.00. combined single limits of such insurance policy or policies. The Applicant will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to. any of the insurance policies. The Applicant assumes all responsibilities and liabilities. vested or contingent. with relation to the construction. location and/or existence of the Temporary Encroachment. 10. The Temporary Encroachment must conform to the minimum setbacks requirements. as established by the City. 11. The City. upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Applicant, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Applicant to remove the Temporary Encroachment; and pending such removal. the City may charge the Applicant for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Applicant; and if such removal shall not be made within the time ordered hereinabove by this Agreement. the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter. and may collect such compensation and penalties in any manner provided b}' lmvfor the collection of local or state taxes. September 8. 2009 II III I' - 33 - Item VK.4. ORDINANCES ITEM # 59189 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 8, 2009 II III 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS ISLAND 7 LAKE, FOR THE CONSTANCE P. 8 LOSCHI LIVING TRUST 9 10 WHEREAS, Joseph R. Loschi and Constance P. Loschi, Trustees, under the 11 Constance P. Loschi Living Trust, dated December 31, 2008, desire to construct and 12 maintain 130 linear feet of riprap, a floating pier and ramp, and mooring piles (2), upon a 13 portion of the City's property known as Island Lake, located at the rear of 2413 Broad 14 Bay Road, in the City of Virginia Beach, Virginia. 15 16 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 1 7 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereof contained in 99 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Joseph R. Loschi and 24 Constance P. Loschi, Trustees, under the Constance P. Loschi Living Trust, dated 25 December 31, 2008, its heirs, assigns and successors in title are authorized to construct 26 and maintain temporary encroachments for 130 linear feet of riprap, a floating pier and 27 ramp, and mooring piles (2), upon the City's property as shown on the map marked 28 Exhibit "A" and entitled: "NEW RIP RAP & DOCK IN: ISLAND LAKE AT: BAY ISLAND" 29 a copy of which is on file in the Department of Public Works and to which reference is 30 made for a more particular description; and 31 32 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 33 subject to those terms, conditions and criteria contained in the Agreement between the 34 City of Virginia Beach and Joseph R. Loschi and Constance P. Loschi, Trustees, under 35 the Constance P. Loschi Living Trust, dated December 31, 2008 (the "Agreement"), 36 which is attached hereto and incorporated by reference; and 37 38 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 39 is hereby authorized to execute the Agreement; and 40 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 42 time as Joseph R. Loschi and Constance P. Loschi, Trustees, under the Constance P. 43 Loschi Living Trust, dated December 31, 2008, and the City Manager or his authorized 44 designee execute the Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day 'I "I 47 of Sp-pt-pmhpr, 2009. CA-11185 X:IOIDIREAL EST A TEIEncroachmenlslPW OrdlnanceslCA 11185 Loschl Ordiance.doc V' la ppll callons ICllylawprodlcycom321W pdocslD0261P0051000 1694 1. DOC R-1 PREPARED: 7/14/09 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM (~u- C. ~0S~ P L1C WORKS, REAL ESTATE ~ iJW( Nell . Ford, Special Council for the City Attorney 'I "I I' , PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 30th day of July, 2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and Joseph R. LOSCHI and Constance P. LOSCHI, TRUSTEES, under the Constance P. Loschi Living Trust, dated December 31, 2008, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "SITE NO. 74" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND, SECTION ONE, PRINCESS ANNE CO. VA" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2413 Broad Bay Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain 130 linear feet of riprap, a floating pier and ramp, and mooring piles (2), collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the City's property known as Island Lake, the "Encroachment Area"; and GPIN: 1499-98-1831-0000 II "I I' WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "NEW RIP RAP & DOCK IN: ISLAND LAKE AT: BAY ISLAND", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anYGne other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning 3 'I III I when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the 4 II III I' Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a pena Ity in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHERE OF, Joseph R. Loschi and Constance P. Loschi, Trustees, under the Constance P. Loschi Living Trust, dated December 31, 2008, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 'I 'I I CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2009, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2009, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public (SEAL) Notary Registration Number: My Commission Expires: 6 "I I' The Constance P. Loschi Living Trust, dated December 31,2008 By: By: C~ULC? c/'~{.' Constance P. Loschi, Trustee STATE OF VIRGINIt CITY/COU~~TY OF"-L~ ,to-wit: The foregoing instrument was acknowledged before me this ~ih day of S11~ , 2009, by Joseph R. Loschi, Trustee, under the Constance P. Loschi Living Trust, dated December 31, 2008. H L NOTARY PUBLIC REGISTRATION # 216745 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2013 Notary Registration Number: dH n'1::l S My Commission Expires:~ l:15r 2J ) Q-013 STATE OF VIRGINIA CITY/COUNTY OFt'{~{) J- ,to-wit: The foregoing instrument was acknowledged before me this 3c~ itl day of ~(S' , 2009, by Constance P. Loschi, Trustee, under the Constance P. Loschi Living Trust, dated December 31, 2008. "--~o 9-t- 9L2llQ Q~EAL) Notary Public DOREEN HAZELBAKER HALL NOTARY PUBLIC REGISTRATION # 216745 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31,2013 Notary Registration Number:;:)' lo 14'5 My Commission Expire~1LCll}~...3J ,9013 7 APPROVED AS TO CONTENTS ~Ri. ~60\L PLD/k'f'AJ f?sici; DEPARTMENT 'I .11 APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~A-jiA~ Nell L Ford, Special Counsel for the City Attorney 8 CO"NS'I~C-r. yO'L~ 2413 B1l0AD \It\.~ RO.hD ~~ lIltACll.. 'fl^ ~ ~ 1Ol' "'"' & i)OcIll lN~~~ A.1'~ lJ,A"Y 1S~ t3PlJ.C~~ C. yO~ SJff' I 01' it U!\:fO:' ~ I' tIl ~.~~w~'9l.ffJJ- . ........... cr.1'ft -rflo-pltlt'f'f o~t l.~t-j z.CA\tl LLG c~l.. WlDrrll t f'\ 1......~Il"'I"'vJ HH)'~ -r~ !Att.% 'Y,1$'-ri.J6 'fwpt'fr,J(, IJoC..K ' ".' ~ .", \. N'~ ~ ,.0 ;;,~',.,<,. 'Z!:ftJ (Uf"'1J"I.J IS 4 '2 ~€ "" ~fU,J6 p,ufJ nTOt1'. DJS'I 1 1 11.'1 1 3 58' 3 4 6' B 1 79' A 2 91' ,'10 · It. 3 85' (J/1'1 P..oA () A 4. '1"P 1 . ~_ f"LW......... 15 ~' i~~O.flf-"'\li\)1iOe\f ItJi ill '" ~"'~~"'f'~ w "", f'J'P ~;;~.,.~ """ 30LI- .-{ ~..~.... 'Lt ru",,,,,.J ML'-'" /IrJfJ ,.,~~ p;1 fACe of 6V(..IC~P.9 e'l.IS"fJ,J(. (tIt> ~1t'(J ,...;J~~ 3 ~ './' ....r ';l \'i....f-(~ of' ~ ____, ........\..--\ ~c..-(~ !-,:'3'1r>>~ e'~~1f ,'t\f\'f. ) -rIM 13it'f,.. ",," j /,'-'-/ BtJUt'~,A1) ." 1 "1'6 fl.ff"lA/.,J . 'WOOO Di:U &- '" <<r :z - S7'1 Bitt c.1i . #-~"'13 f'tto? O..,J.J-.t"- G) ATtJ!4: ~ J..D"fi 'tiN A'tfJ.l JA~ I'llOpY.1l'fY O~llS: l.JwG5 2.CA~Vuh SUE -PLAN C01\S'1'Al'lCE 'PO~ 2413 BROAD llA~ ltOAD '\11llG~ B~CJl., 'V A ff."I1.f71t16 V JtJ'ft.. I3IJl$UiA-r; tJ r~~ ~t.: ~1l1I'~ & 1)oCK IN:~~ A.T...BAY~ C~.. C'pO~ Sll'l .2 o~4 DA1'E1t IJltilqp \,...-."., 1- ,r"r--"--Y', !R' " - ,~........l;.;;"_.'-' : '~'---'''''---'''-1..,,~ ({~ p~~ ~e<:~t::>:'.ili.,,;ff;e;,-lte! T. ~ 'v./( ~~b~ ItlP.Rf.1f P.f~.~.~6E('19fU.JIr-A V~ -tD fj>)t..K. F- iUIfJG-.!t N I , <) I /l;. " I i L CD.JCt..l)? I (}{\.) O~ i::;Nth f I I+ 6- 0 "'"', \;J0O \t-\.{,'~.i0. 'I i .---/--" , ) ", ....-.,-/r......'"~~_~....__..,/' lko>1lfJf Hi.\oI Fu.."fUl. ~(. ANt} tSAt;At 111....... IN t.o-t NUAr ~lnlN€ (J"'Of//... 6v~,,~ ""0 R~~ c:::> O~ OD o C:::>O L:>Ob o C> cO 0 OO~~. c:::> C> 0 C'S O' o C. 00 C:>a 0 00 <::::>-C> ~ I'u.J+M (;.t.J.\S>.f' 1-- 01' A-.:l- {l..JP ~AP O...J FI<.. Tf[4l- C<<-at)t ,...(..v 0.' e 1;JS'1J>1! ~W-flft..i '- -;2.0 tJVIL'f ii>( " -J.o flt-tJ ~ 7/"" PIA ~ Dill Vb...- ~tI VI,o.f7A I4JI1 'I":'70,J L4M < 5.0' ~ ~ ~~?J !DATUM: MEAN LOW WATER PURPOSE: NEW.RIP RAP & DOCK [ADJACENT PROPERTY OWNERS: CROSS-SECTION A-A IN: ISLAND LAKE 1.JON~ AT: BAY ISLAND 2.~lC\el LlG APPLICANT: C. POZNIAK CONSTANCE POZNIAK 2413 BROAD BAY ROAD SlIT '~ opLf DATE: 12!{;J!iJ<;i VIRGINIA BEACH. VA ; i \ ! \ , \ i~ \ \ DATUM: MEAN LOW WATER PlJRPOSE: NEW RIP RAP & DOCK SITE PHOTOS ADJACENT PROPERTY OWNERS; IN: ISLAND LAKE <ra\jES AT: BAY ISLAND CONSTANCE pozN1AK APPLICANT: C. POZNIAK 2. ~JjeJ~ 2413 BROAD BAY ROAD VIRGINIA BEACH, V A SHl ~ ofLt DATE: 12WilO'i 'I III - 34 - Item VK.5. ORDINANCES ITEM # 59190 Upun motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to GRANT a franchise to Virginia Beach Horses and allow guided horse riding tours on the Beach from September 8, 2009 - June 9, 2010, with the possibility of up to four one-year renewals Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 8, 2009 'I III!' 1 AN ORDINANCE GRANTING A FRANCHISE TO ALLOW 2 GUIDED HORSE RIDING TOURS ON THE BEACH 3 4 WHEREAS, City Council previously granted franchises for two pilot programs for 5 guided horse riding tours on the beach in the Resort Area; 6 7 WHEREAS, the Strategic Growth Area Office determined that it would be 8 beneficial to the City to continue to offer guided horse tours at the oceanfront, and to 9 that end, the City issued an Invitation to Bid on August 4, 2009; 10 11 WHEREAS, the only bidder was Virginia Beach Horses (UVBH"), a sole 12 proprietorship; 13 14 WHEREAS, VBH is operated by Barry Foster, who was a partner with the 15 company that previously offered guided horse tours on the beach; and 16 17 WHEREAS, the Strategic Growth Area Office recommends that VBH be granted 18 a franchise agreement for the term of September 8, 2009 through June 9, 2010, with up 19 to four one-year renewals upon mutual consent of the City and VBH. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the City Council hereby grants a franchise agreement to Virginia Beach 25 Horses for the period of September 8, 2009 through June 9, 2010, with the possibility of 26 up to four one-year renewals, subject to the terms and conditions of franchise 27 agreements and all applicable ordinances, resolutions, and regulations to allow guided 28 horse riding tours on the beach in the Resort Area, and authorizes the City Manager or 29 his designee to execute a franchise agreement with Virginia Beach Horses for said 30 purpose. Adopted by the Council of the City of Virginia Beach, Virginia on th~.t.h- day of Sl?pt-emht:>T , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL: SUFFICIENCY fl;d ~ Strategic Growth Area Office ~~~ City Attorney's Office CA11277 R-3 August 31,2009 II III - 35 - Item VK.6.a.b. ORDINANCES ITEM # 59191 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to APPROPRIA TE: a. $152,179 to Housing and Neighborhood Preservation re housing subsidies/or Veterans b, $61,000 to Kempsville Rescue Squad, lnc.for an interest-free loan re purchase of a replacement ambulance - Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 8,2009 ,I III I' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO APPROPRIATE FUNDS TO THE FY 2009-10 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $152,179 is hereby appropriated, with federal revenues increased accordingly, from the U.S. Department of Housing and Urban Development to the FY 2009-10 Operating Budget of the Department of Housing and Neighborhood PreseNation to provide housing subsidies for veterans. Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of S8pt8mb8r ' 2009. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B' de 'J ~~ f(ij/ i~ . i ~ "::Mc-e Management SeNices 'D~.- / City A orney's Office CA11274 R-2 August 25, 2009 ,I III I: 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO KEMPSVILLE RESCUE 3 SQUAD INCORPORATED FOR THE PURCHASE OF A 4 REPLACEMENT VEHICLE 5 WHEREAS, Kempsville Rescue Squad Inc. has been awarded a Rescue Squad 6 Assistance Fund grant of $56,877 from the Virginia Department of Health Office of 7 Emergency Medical Services for the purchase of a replacement vehicle with an 8 estimated cost of $130,000; and 9 10 WHEREAS, Kempsville Rescue Squad Inc. will utilize approximately $12,000 of 11 fund drive funding for the remaining cost. 12 13 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 1. That $61,000 is hereby appropriated from the fund balance of the General 17 Fund for an interest-free loan to Kempsville Rescue Squad Inc. for the purchase of a 18 replacement vehicle, contingent upon execution of the attached agreement. 19 20 2. That this loan is to be repaid by Kempsville Rescue Squad Inc. over five (5) 21 years, pursuant to the terms of the attached promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of September ,2009. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: JJc~)QI Management Services Approved as to Legal Sufficiency: "(- ---) Z // ~ yZ~I~ City A orney's Office CA11271 R-2 August 21, 2009 ,I .11 I' P.O. Box 6:2345 KEMPSVILLE VOLUNTEER RESCUE SQUAD, INC. VIRGINIA BEACH, VIRGINIA 23462 July 31,2009 Chief Bruce W. Edwards Virginia Beach Department of EMS 477 Viking Drive, Suite 130 Virginia Beach, VA 23452 Dear Chief Edwards, I'm writing on behalf of the Kempsville Volunteer Rescue Squad to request a No-Interest Loan from the City of Virginia Beach. The loan will be used for the purchase ofa fifth (additional) ambulance for our squad. Currently, we have four ambulances but our call volume of approximately 8500 calls per year really justifies the additional unit. As you know, we maintain ambulances at Station 9 and 19 and it is quite common that both stations are manned. Between required maintenance and unscheduled breakdown we find it increasingly difficult to maintain operational readiness with just four units. Our squad intends to decommission Squad 9 when the fifth ambulance is put in service, and hope that this will minimize impact on your budget and ease concern over the additional unit. We feel the fifth ambulance will be far more beneficial to both our squad and the city than Squad 9 which is rarely manned and whose mission has largely been replaced by the Fire Department Squads. We are currently seeking bids for the new ambulance, and hope to have the new unit in service by the end of this year or very early next year. We requ.est a loan for Sixty-One Thousand dollars, which we would like to repay in five annual installments. The requested amount is based on the following: Estimated price of new ambulance Equipment & supplies for new unit Total cost State RSAF Grant Squad contribution to down payment, equipment & supplies Balance Approximately $120,000.00 $10,000.00 $130,000.00 $56,877.00 $12,000.00 Approximately $61,123.00 On July 1,2009 we were awarded a State RSAF Grant of$56,877.00 to apply to the purchase of the additional ambulance. Currently, Kempsville Volunteer Rescue Squad has two loans with the city: . Loan # 1 has an annual payment of $1 0,260.00 due February 1st. The last payment will be in February 2010. . Loan # 2 has an annual payment of$ I 5,400.00 due June Is1 each year through 2013 with 4 payments remaining. If you need any further information please let me know. Thank you for your consideration of our request. Sincerely, ~~~d L-~Brewer, Vlce-Presl ent Phone 435-0407 AUG - 3 2009 ,I II Ii PROMISSORY NOTE V irginia Beach, Virginia September 8, 2009 FOR VALUE RECEIVED, KEMPSVILLE RESCUE SQUAD INC., d/b/a Kempsville Volunteer Rescue Squad ("Marker"), promises to pay, without offset, to the order of the CITY OF VIRGINIA BEACH, ("Noteholder") at Municipal Center, Virginia Beach, V A, or such other place as Noteholder may designate in writing, the principal sum of SIXTY ONE THOUSAND DOLLARS ($61,000) together with interest thereon. $61,000 From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before October 1,2010 - $12,200 On or before October 1,2011 - $12,200 On or before October 1,2012 - $12,200 On or before October 1,2013 - $12,200 On or before October 1,2014 - $12,200 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). KEMPSVILLE RESCUE SQUAD, INC. (SEAL) By: Name Title II II I' Agreement Between the City of Virginia Beach and the Kempsville Rescue Squad Incorporated THIS AGREEMENT is made and entered into this day of 2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the KEMPSVILLE RESCUE SQUAD INCORPORATED, d/b/a Kempsville Volunteer Rescue Squad ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia SS 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of 1 'I III I' Automotive Services, so long as the vehicle remains a CITY-insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the EMS Chief no less than 30 days prior to the payment due date. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEF AUL T AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. 2 " II I' IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager ATTEST: City Clerk KEMPSVILLE RESCUE SQUAD, INC By: Title: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach Management Services City Attorney's Office Virginia Beach Risk Management Virginia Beach EMS Chief 3 II 1'1 - 36 - Item VK7.a.b.c. ORDINANCES ITEM # 59192 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to ACCEPT and APPROPRIATE Grants: a. $122,700 to Librariesfrom Smart Beginnings South Hampton Roads (SBSHR) and $5,000 from Friends of the Library re Ready to Learn program b. $83,240 to the Police Departmentfrom the Division of Motor Vehicles (DMV) re Seat Belt Law enforcement c. $80,596 to the Police Departmentfrom the Division of Motor Vehicles (DMV) re DUI enforcement Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 8, 2009 II II I' 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO THE DEPARTMENT OF PUBLIC LIBRARIES FROM 3 SMART BEGINNINGS SOUTH HAMPTON ROADS AND 4 FROM THE FRIENDS OF THE VIRGINIA BEACH PUBLIC 5 LIBRARY 6 7 WHEREAS, the Virginia Beach Public Library has made application to Smart 8 Beginnings South Hampton Roads for a five-year grant in the amount of $500,000 to 9 support early childhood education; and 10 11 WHEREAS, the Virginia Beach Public Library has been awarded $122,700 for 12 the initial phase of the Early Learning Challenge Grant; and 13 14 WHEREAS, the Friends of the Virginia Beach Public Library have granted the 15 City $5,000 for the cash portion of the local match for this grant. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA THAT: 19 20 1. $122,700 is hereby accepted from Smart Beginnings South Hampton Roads 21 through the Early Learning Challenge Grant and appropriated, with estimated revenues 22 increased accordingly, to the FY 2009-10 Operating Budget of the Department of 23 Public Libraries to support early childhood education; and 24 25 2. $5,000 is hereby accepted from the Friends of the Virginia Beach Public 26 Library and appropriated, with estimated revenues increased accordingly, to the FY 27 2009-10 Operating Budget of the Department of Public Libraries for the local match of 28 the Early Learning Challenge Grant. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of September, 2009. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: elF, \Q ~ 'J~ ~ ' Management Services -r)~~ V I'?;/' ---v----- City Att r ey's Office CA11273 R-2 August 25, 2009 i I ,II I' 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE POLICE DEPARTMENT FOR THE 3 ENFORCEMENT OF SEAT BELT LAWS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1. $83,240 is hereby accepted from the Virginia Department of Motor Vehicles 9 and appropriated, with estimated state revenues increased accordingly, to the FY 2009-1 0 10 Operating Budget of the Police Department for enhanced enforcement of seat belt laws; 11 and 12 13 2. $16,090 is hereby transferred within the FY 2009-10 Operating Budget of the 14 Police Departmentfor the required match. Adopted by the Council of the City of Virginia Beach, Virginia on the Rt-}, day of September , 2009. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: C\"~ 1\ ~ ~~ ~\ f\ lZ, / Management Services T) (2 /L--.____ City Attorney's Office CA11275 R-2 August 25, 2009 ,I II I: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE POLICE DEPARTMENT FOR DUI 3 ENFORCEMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1. $80,596 is hereby accepted from the Virginia Department of Motor 9 Vehicles and appropriated, with estimated state revenues increased accordingly, to the 10 FY 2009-10 Operating Budget of the Police Department for enhanced enforcement of 11 DUllaws; and 12 13 2. $16,016 is hereby transferred within the FY 2009-10 Operating Budget of 14 the Police Department for the required match. Adopted by the Council of the City of Virginia Beach, Virginia on the RightlL- day of September 2009. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: ECUhJG B~J-~ Management Services -i-'~ ~ CHy At neY's~ce -" CA11276 R-2 August 25, 2009 ,I ,;1 II - 37 - L. PLANNING ITEM # 59193 1. MICHAEL K. ETHERIDGE, SR. VARIANCE 2. RAVE SOCCER COMPLEX MODIFICATION OF CONDITION 2 (APPROVED MARCH 23,2004) 3. CRICKET COMMUNICA TIONS, INC. MODIFICATION OF CONDITIONS Nos. 2 and 3 (APPROVED on November 22, 2005/ May 26, 2(09) 4. USA NATOINAL KARATEDO FEDERATION CONDITIONAL USE PERMIT 5. THE REBKEE COMPANY CONDITIONAL CHANGE OF ZONING 6. SEVEN CITIES ELECTRIC, INC. CONDITIONAL CHANGE OF ZONING 7. CITY ZONING ORDINANCE (CZO) REGULATIONS WIND ENERGY SYSTEMS September 8, 2009 , I II I' - 38 - Item V-L. PLANNING ITEM # 59194 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOT/ON Items 1,3,4,5, 6 (DEFERRED INDEFINITELY) and 7 (ALTERNATE ORDINANCE) of the PLANNING BY CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 8, 2009 ; I II II - 39 - Item V-LI. PLANNING ITEM # 59195 Upon motion b,v Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED a Variance to ~'4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Laning Ordinance (CZO) for MICHAEL K. ETHERIDGE, SR. re two parcels West of North Lynnhaven Road and Congress Street Application of MICHAEL K. ETHERIDGE, SR., Subdivision Variance, on two parcels located on the northwest side of Congress Street approximately 300 feet west of North Lynnhaven Road (GPIN: I487R86fl520000: 1 487fl86897()()OO). DIS7RICT 5 - LYNNHA VFN DISTRICT The following conditions shall be required: 1. The property shall be configured substantially as shown on the plat entitled, "Subdivision Variance Exhibit of Congress Street Properties for Michael Etheridge & Wardell Grimstead", by Kellam Gerwitz and dated May 27, 2009. Said plat has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The far;ade of any future single~family dwellings constructed on the lots shall substantial(F adhere to the submitted huilding elevations. Said building elevations have heen exhihited to the ( 'ity of Virginia Beach City ( 'ouncil and are on file in the Planning Departml!l1t. 3. Congress S'treet shall he noted as u private street on the subdivision plat. Voting: 11-0 (By Consent) Council Memhers Voting Aye: Glenn R. Duvis. William R. "Bill" DeSteph. Harr,v E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice M(~vor Louis R. .Jones, Mayor William D. Sessoms, Jr" John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Ahsent: None September 8, 2009 , I II I' I - 40- Item V-L2. PLANNING ITEM # 59196 The following registered in SUPPORT: Attorney R. E. Bourdon. Pembroke Office Park. Building 1, 2811ndependence Boulevard, Phone: 499- 8971. represented the owner of the facility. The project has been in operation approximately 6 (six) years and has been well utilized by the youth of the community. When originally approved, because the property was in APZ1 and 2 highest noise zones. there would be no spectator events. The application does not involve youth. They only practice in the facility. The youth does draw spectators. The applicant is also desirous of installing a metal building in the southwest corner of the facility. just large enough to handle one indoor field (no bleachers. or spectators) allow youth and adults to practice in inclement weather. Lighting of the facility was the third issue. There was concern re the lights and this is now being addressed with one of the conditions. George Albiston, President - Virginia Beach FC (Virginia Beach Travel Soccer) which is a tenant in the complex. This is a non-profit. travel and recreation soccer club. current(v comprised of about 3600 members. There are approximately 9 to 10 months remaining on the lease through the end of June 2010. Virginia Beach Travel Soccer has been working diligently with Karen Lasley. Zoning Administrator. re the light spillover (glare) and hopes an agreeable solution has been attained. The glare guards entail a cost of approximately $10,000. The following registered in OPPOSITION: Don Crago, 1301 Canary Drive. Phone: 368-5610, referenced e-mails and correspondence concerning the lights. There are only jive (5) shields onfive (5) of the high intensity flood lights. The manufacturer has stated these are not meant for reducing light. There are one hundred (100) high intensity lamps on this field. fifty (50) of them point towards Shipps Corner Road. Linda Russell. 1212 Skylark Drive, Phone: 427-6481. member of the Citizens Advisory Committee. presented a petition in opposition containing one hundred sixty-two (162) signatures re the dangerous conditions caused by the increased activities of the Rave Soccer Complex. Said petition is hereby made a part of the record. There will be too much traffic. It is estimated that 434 cars 'will be added per day with 705 cars on weekends. Upon motion h.v Councilman Uhrin. seconded by Councilman Diezel. City Council ADOPTED the application with the REVISED CONDITION NO.5: Ordinance upon Application of RA VE SOCCER COMPLEX, re Modification of'Condition No.2 (approved on March 23. 2004J. to allow adult games and ADD a neyv condition re an indoor soccer facilizv at 2949 Shipps Corner Road. ORDINANCE UPON APPLlC'AT10N OF RAVE SOCCER COMPLEX, RE MODIFICATION OF CONDIT10NS, WITH REVISED CONDITION NO.5, (APPROVED BY CITY COUNCIL ON MARCH 24, 2(04). 2949 SHIPPS CORNER ROAD. AICUZ IS GREATER THAN 75. APZ 1 AND 2. Ordinance upon applicatiun of' RA VE SOCCER COMPLEX, re ModUication of' Conditions. with REVISED CONDITION NO.5. (approved hy City Council on March 24. 2(04), 2949 Shipps Corner Road. ((inN: 149537332900(0) AICUZ is Greater than 75, APZ 1 and 2. DISTRICT 6 - BEACH The following conditions shall be required: 1. The applicant shall request a variance from the Chesapeake Bay Preservation Area Board if the Planning Director or his designee determines that this is required. September 8. 2009 ,I III I' - 41 - Item V-L2. PLANNING ITEM # 59196 (Continued) 2. Thefields shall be usedfor practices andfor adult league games. There shall, however, be no events that would draw spectators. No bleachers or spectator seating is permitted on the property. 3. A right-ofway reservation shall be provided along Shipps Corner Road as requiredfor the Shipps Corner Road Bridge Replacement Plan C1P 2-174 and as calledfor in the Master Transportation Plan. (This condition has been met.) 4. Right and/or left turn lanes shall be constructed on Shipps Corner Road if Public Works Traffic Engineering determines that they are required during the detailed plan review process. (This condition has been met.) 5. Outdoor field recreationallightingfixtures shall have a maximum height offorty (40) feet and shall all be directed downward. In addition, glare guards. Daybrite Model VSLL, shall be added to all lightsfacing Shipps Corner Road. Thefield lights may not be used until the glare guards have been installed. The field lights shall be controlled by timers and can only be used Monday through Friday until 9:00 P.M The lights are approved to be used in this manner until July 8, 2010. After July 8, 2010, the lights shall not be used unless approved by City Councilfollowing a Public Hearing and recommendation from the Planning Commission. Outdoor parking lot lighting shall be no higher than twenty-five (25) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. 6. Restrooms/first aid building shall be developed in substantial conformance with the submitted plan entitled "New Building Shipps Corner Road, Virginia Beach, Virginia" prepared by Kelly Jean Olt dated March 10, 2005. 7, The indoor soccer facility shall be developed in substantial conformance with the submitted plan entitled "Conditional Use Exhibitfor Shipps Corner Soccer Complex #2949 Shipps Corner Road, Virginia Beach, Virginia ", prepared by WP L Landscape Architects, Land Surveyors, Engineers dated June 29, 2005. 8. The indoor soccer facility shall be developed in substantial conformance with the submitted rendering entitled "RA VE SOCCER COMPLEX LLe. " Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 8, 2009 , I II Ii - 42 - Item V-L3. PLANNING ITEM # 59197 Upon motion by Vice Mayor Jones. seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon Application (~f CRICKET COMMUNICA TIONS, INC re Modification of Conditions Nos. 2 and 3. (approved on November 22. 2005 and May 26. 20(9) for a communications tower at 1000 North Great Neck Road ORDINANCE UPON APPLlCA710N OF CRICKET COMMUNICATIONS,INC RI<..' MODIFICATiON OF CONDITiONS. PREVIOUSLY APPROVED ON J\.1AY 26. 2009 AND NOVEMBER 22, 20G5. lOOO NORTH GREA l' NECK ROAD Ordinance upon application of CRICKET COMMUNICA TIONS, INC re Modification of Conditions, previouszy approved on May 26. 2009 and November 22. 2005, lOOO North Great Neck Road (GPIN #240813776900(0) D/STJUCT 5 - LYNNHA VEN The following conditions shall be required: 1. All Conditions, with the exception of Number 1 and Number 3 attached to the Conditional Use Permit granted hy the City Council on November 22. 2005, remain in effect. 2. Condition Number 2 of the May 26, 2009. Modification of the Conditional Use Permit is deleted and replaced with the following: The tower shall be constructed substantialzy in adherence to the site plans entitled "TOWERCO VA2002 / Christian Life Center" ORF-II2-A. Sheets 1'-1. GN-I. GN-2, GN- 3. GN-4. A-I, A-2, A-3, A-4. A-5 prepared by SSOE. /nc and dated 3/22/05. This site plan has been exhibited to City Council and is onfile with the Department of Planning. 3. Condition Number 3 of the May 26. 2009, Modification of the Conditional Use Permit is deleted and replaced with the following: The tower shall accommodate equipment for a total of three (3) additional wireless providers at the height of86 '- 0" as depicted on the submitted site plans which have been exhibited to City ('ounci! and are onfile with the Department o.fPlanning. 4. Provide plots that depict one (1) mile border around existing Virginia Beach Public Safety towers and a plot that depicts whether or not the proposed site resides within the 2()O fcwt bufferfc),. a Virginia Beach microwave path prior to site plan approval. September 8, 2009 'I ,II I' - 43 - Item V-L3. PLANNING ITEM # 59197(Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 8, 2009 i I II I' - 44- Item V-L 4. PLANNING ITEM # 59198 Upon motion by Vice Mayor Jones, seconded by Cuuncilman Dyer, City Council ADOPTED an Ordinance upon Application uf USA NATIONAL KARATEDO FEDERATION OF VA., INC. for a Conditional Use Permit re an indoor commercial recreation facility (Martial Arts Schoo!) at 600 North Witchduck Road, Suite !O3: Ordinance upon application of USA NA TIONAL KARA TEDO FEDERATION OF VA., INC., Conditional Use Permit, indoor commercial recreation facility (Martial Arts Schoo!), 600 N. Witchduck Road, Suite 103 R090935368 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of USA NA TIONAL KARA TEDO FEDERATION OF VA., INC., Conditional Use Permit, indoor commercial recreation facility (Martial Arts Schoo!), 600 N. Witchduck Road. Suite 103 (GPIN # 1477098529(000). DISTRICT 4 - BA YSIDE The following condition shall be required: 1, The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official's Office. This Ordinance shall he effective in accordance with Section 107 (/) olthe Zoning Ordinance. Adopted by the Ci(V Council of the City of Virginia Beach, Virginia, on the Eighth of September, Two Thousand Nine Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemar}' Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent' None September 8, 2009 II 1,1 I' - 45 - Item V-L. 5. PLANNING ITEM # 59199 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of THE REBKEE COMPANY for a ChanJ!e of Zoning District Classification from 0-1 Office District and R-20 Residential District to Conditional B-2 Community Business District re office and retail development at 2236 and 2240 General Booth Boulevard ORDINANCE UPON APPLICATION OF THE THE REBKEE COMPANY, CHANGE OF ZONING DISTRICT CLASSIF1CA TION, 0-1 OFF1CE DISTRICT AND R-20 RESIDENTIAL DISTRICT TO CONDITIONAL B-2 COMMUNITY BUSINESS DISTRICT, 2236 AND 2240 GENERAL BOOTH BOULEVARD Z09091228 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the THE REBKEE COMPANY, Change of Zoning District Classification, 0-1 Office District and R-20 Residential District to Conditional B-2 Community Business District, 2236 and 2240 General Booth Boulevard (GPIN # 24140677150000:241406768400(0). DISTRICT 7 - PRINCE'SS ANNI,,' The following conditions shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of 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 City Council of the City of Virginia Beach. Virginia, on the Eighth of September, Two Thousand Nine Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 8, 2009 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply ReterTo Our File No. DF-7426 DATE: August 26,2009 FROM: Mark o. Stile~~ B. Kay wilsoT OEPT: City Attorney OEPT: City Attorney TO: RE: Conditional Zoning Application; The Rebkee Company The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 8, 2009. I have reviewed the subject proffer agreement, dated July 1,2009 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/ka Enclosure cc: Kathleen Hassen , 'I i I 1,1 I' This Document Prepared by: Kaufman & Canoles AGREEMENT THIS AGREEMENT (the "Agreement") is hereby entered into as of this 1st day of July, 2009 (the "Effective Date"), by and between JONES REAL EST ATE INVESTMENT COMPANY, LLC, a Virginia limited liability company (a.k.a. Jones Real Estate Investment Company, L.L.c.) ("Owner") (index as a "Grantor"), THE REBKEE COMPANY, a Virginia corporation ("Applicant Developer") (index as a "Grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"). WIT N E SSE T H: WHEREAS, Owner is the owner of record, and Applicant Developer is the proposed developer and the applicant for the rezoning, of certain parcels of property located in the Princess Anne district of the City of Virginia Beach, more particularly described as follows: See Exhibit "A" Said parcels hereinafter collectively referred to as the "Property"; and WHEREAS, the Property is presently zoned R-20 and 0-1 and is subject to the terms of the zoning ordinance of the City of Virginia Beach; and WHEREAS, the Owner and Applicant Developer (hereinafter sometimes collectively referred to as the "Grantors") have initiated a conditional amendment to the zoning map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-20 and 0-1 to conditional B-2 with the covenants, restrictions and conditions of this Agreement; and Page 1 of 10 PARCEL 1 GPIN: 2414-06-7715 PARCEL 2 GPIN: 2414-06-7684 i I II Ii 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 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 the 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 generally not applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Owner has voluntarily proffered, and the Applicant Developer has agreed to, 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 in the existing B-2 zoning district by the existing City's Zoning Ordinance ("CZO"), 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, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. WHEREAS, said conditions having been proffered by the Owner, and agreed to by the Applicant Developer, and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning Page 2 of 10 i I III I' ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Owner, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. The development of the Property shall be in substantial conformance with the Site Plan titled "Jones Real Estate Investment Site Plan", dated April 22, 2009, prepared by Kimley- Horn & Associates, which plan has been exhibited to the City Council and is on file with the Planning Department of the City of Virginia Beach (the "Site Plan"). Page 3 of 10 'I III 'I 2. The buildings constructed on the Property shall be constructed so as to be architecturally compatible with the building elevations titled "Atlantic Gardens Center Proposed Retail Center" and "Atlantic Gardens Center Revised Design" dated May 10, 2007, prepared by Jeff Love and Associates for AGC Acquisition, LLC for the rezoning of the adjacent property as referenced in that proffer Agreement, dated May 25, 2007 between AGC Acquisition, LLC and Booth Ferrell Associates and the City of Virginia Beach and recorded in the Clerk's Office as Instrument No. 20080125000092840, which elevations have been exhibited to the City Council and are on file with the Planning Department of the City of Virginia Beach (the "Building Elevations"). The final Building Elevations shall be approved administratively by the City of Virginia Beach Planning Director. 3. The Property shall be used for the following principal uses and their accessory uses and structures: a. Business offices; b. Medical and dental offices and clinics and laboratory, legal, engineering, architectural and other professional offices; accounting and bookkeeping offices; c. Retail drug store d. All retail and other commercial and accessory uses and all ancillary uses as permitted (subject to such applicable rules regarding special exceptions or special use permits as may be applicable to a particular use) within the B-2 zoning district, but excluding business or vocational schools, boat and motor vehicle sales or service, childcare centers, commercial parking lots or parking structures, drive , Page 4 of 10 'I I I' thru eating or drinking establishments, grocery stores, convenience stores, and storage garages. 4. Access to the Property from General Booth Boulevard shall be in accordance with the Deed of Easement and Agreement (the "Easement Agreement"), dated December 16, 1991, and recorded in the Clerk's Office in Deed Book 3055, at Page 2018, except that, notwithstanding the terms of the Easement Agreement, so long as any portion of the Property is used for residential purposes, access to General Booth Boulevard from said portion of the Property used for residential purposes shall be allowed at the curb cut existing on the date hereof. 5. These proffers supersede all previously recorded proffers affecting the Property or the use thereof as follows: a. Conditions and restrictions as set forth in Agreement with City of Virginia Beach, Virginia, dated August 30, 1991, recorded February 7, 1992, in Deed Book 3055, page 2027; and b. Conditions and restrictions as set forth in Agreement with City of Virginia Beach, Virginia, dated April 10, 1995, recorded August 10, 1995, in Deed Book 3526, page 984. Notwithstanding the effect of such proffers being superseded, all the terms and conditions as set forth in the Easement Agreement shall remain in effect. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. Page 5 of 10 'I 'I I' 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legill action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions 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 the provisions of the City Code, the CZO or this Agreement, one or more of the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance 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 that they shall be recorded in the Clerk's Office and indexed in the name of the Grantors and Grantee. [Separate Signature Page Follows] Page 6 of 10 i I .11 I' IN WITNESS WHEREOF, the foregoing Agreement is executed by the parties as of the date first written above. JONES REAL EST ATE INVESTMENT COMPANY, LLC, A Virginia limited liability company ~~:{c:?;:;i!1:::--~ COMMONWEALTH QiF JP,RGINk\. CITY/COUNTY OFV{..l. ~el)en , to-wit: . TI}e fure~ing instrument was acknowledge before me this ~ day 0' -fu !. f , 2009, b~J21Vld L. <;. 'Dne5 , as rf\1 ,n r of Jones Real Es~tment Company, LLC, a Virginia limited liab' . om{ll y, on its behalf, and who is D personally known to me, or D who produced V~ I R. Llc...-. as identification. (~::~/liuJD~~ Notary Public My commission expires: . ~/-3/ j,tJf Registration No.: /9/1~"e HATTIE D. SNOWDEN . ...., PuIIIc eo.~.... 01__ '8Utl en 'r lIu .... 31. 2. Page 7 of 10 II III I' THE REBKEE COMPANY, A Virginia corporation By: k:t \-1 r'J r. WI c- Fa d d 'l,YI Its: Pv{ J I d tYJl- COMMONWEALTH Q~ VIRGINIA CITY/COUNTY OF Cib1h.h>AJ ,to-wit: i, The foregoing instrument w acknowledged before me this .i!: day Of~ 2009, by f,il -r JIr/:,Jd.tA ,as ~. ~ of The Rebkee C mp y, a Virginia corporation, on its behalf, and who is personally known to me, or 0 w 0 produced as identification. My commission expires: Jj gO- /1 Registration No.: 3f'iIVf 6231891\5 Page 8 of 10 II I I' EXHIBIT "A" Legal description Parcel 1 (GPIN 2414-06-7715): A. All that certain lot, piece or parcel of land, with the buildings and improvements thereon and appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot No. C, as shown on that certain plat entitled, "SUBDIVISION OF PROPERTY OF CHARLES C. HICKMAN ET UX, D.B. 482, P. 21, M.B. 21, P. 70, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA, SCALE 1"=100', SEPTEMBER 24,1971, W. B. GALLUP, SURVEYOR," which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 88, at Page 45. [Source deed erroneously references M.B. 21, P. 70 in the title of the referenced plat instead ofM.B. 25, P. 70 as shown on plat.] Less and Except that portion of the property taken by the Commonwealth of Virginia by Certificate of Take recorded in the aforesaid Clerk's Office in Deed Book 2242, page 605, and Order recorded in the aforesaid Clerk's Office in Deed Book 2319, at page 1523. B. All that certain lot, piece or parcel of land, with the buildings and improvements thereon and appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "To be conveyed to Lot C" as shown on that certain plat entitled, "Re-Subdivision of Property of Charles C. Hickman", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 146, at Page 44, which parcel contains .507 acres, more or less. [Source deed erroneously references the word "Re-Subdivision" in the title of the referenced plat instead of the word "Subdivision" as shown on the plat.] Parcel 2 (GPIN 2414-06-7684): A. All that certain lot, piece or parcel of land, with the improvements thereon and appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot #B, as shown on that certain plat entitled, "SUBDIVISION OF PROPERTY OF CHARLES C. HICKMAN ET UX, D.B.482, P. 21, M.B. 25, P. 70, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA, SCALE 1"=100', SEPTEMBER 24, 1971, W. B. GALLUP, SURVEYOR," which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 88, at Page 45. Page 9 of 10 'I I' Less and Except that portion of the property taken by the Commonwealth of Virginia by Certificate of Take recorded in the aforesaid Clerk's Office in Deed Book 2253, page 260, . and Order recorded in the aforesaid Clerk's Office in Deed Book 2304, at Page 2014. B. All that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, known, numbered and designated as "To be conveyed to Lot 'B"', in that certain plat entitled, "Subdivision of Property of Charles C. Hickman, et ux", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 146, at Page 44 (erroneously stated to be page 144 in prior deed), said parcel containing .459 acres, more or less. Page 10 of 10 'I II I' - 46 - Item V-L. 6. PLANNING ITEM # 59200 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer. City Council DEFERRED INDEFINITELY Ordinance upon Application of SEVEN CITIES ELECTRIC, INC. for a Change of Zoning District Classification from R-5D Residential District to Conditional B-1 Business District re office development at 1945 Centerville Turnpike: ORDINANCE UPON APPLICATION OF SEVEN CITIES ELECTRIC, INC. RE CHANGE OF ZONING DISTRICT CLASSIFICATION (R-5D RESIDENTIAL DISTRICT TO CONDITIONAL B-1 NEIGHBORHOOD COMMUNITY BUSINESS DISTRICT), 1945 CENTERVILLE TURNPIKE Ordinance upon application of SEVEN CITIES ELECTRIC, Change of Zoning District Classification (R-5D Residential District to Conditional B-1 Neighborhood Community Business District), 1945 Centerville Turnpike. (GPIN: 14558190450()()0) DISTRICT 1 - CENTERVILLE Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis. William R, "Bill" DeSteph. Harry E. Diezel. Robert M Dyer. Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms. Jr., John E. Uhrin. Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 8, 2009 II ,I II II - 47 - Item V-L. 7. PLANNING ITEM # 59201 Upon motion hy Vice Mayor Jones, seconded hy Councilman Dyer, City Council ADOPTED the ALTERNATE ORDINANCE to ESTABLISH the City's zoning ordinance regulations re Wind Energy Systems. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry f;. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 8, 2009 I II I' 1 AN ORDINANCE TO ESTABLISH CITY ZONING 2 ORDINANCE REGULATIONS PERTAINING TO WIND 3 ENERGY CONVERSION SYSTEMS, INCLUDING 4 DEFINITIONS, APPLICATION REQUIREMENTS, 5 LOCATIONAL AND OTHER REQUIREMENTS, AND 6 ZONING DISTRICTS WHERE PERMITTED 7 Sections Amended: City Zoning Ordinance Sections 111, 8 202,301,401,501,601,701,801,901,1001,1501,1511 9 and 1521 10 11 Sections Added: City Zoning Ordinance Sections 209 and 12 242.5 13 14 WHEREAS, the public necessity, convenience, general welfare and good zoning 15 practice so require; 16 17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 18 VIRGINIA: 19 That Sections 111, 202, 301, 401, 501, 601, 701, 801, 901, 1001, 1501, 1511 and 20 1521 of the City Zoning Ordinance, pertaining to wind energy conversion systems, are 21 hereby amended and reordained, and new Sections 209 and 242.5 are hereby added, to 22 read as follows: 23 Sec. 111. Definitions 24 25 Wind eneraY conversion system. Any device, such as a windmill. wind turbine or 26 wind charqer, that converts wind enerqy into electricity. indudinq the rotors. nacelles, 27 qenerators. towers and associated control or conversion electronics. 28 29 Wind enemy conversion system. freestandina. A wind enerqy conversion system 30 other than roof-mounted. 31 32 Wind enemy conversion system. roof-mounted. A wind enerqy conversion system 33 affixed to the roof of a buildinq or other structure. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 I II I' Sec. 202. Height regulations. (a) Whenever height limits for buildings and other structures are established, no portion of any building or other structure shall extend above such height limits, except residential chimneys, line of sight relaying devices communication towers, broadcasting towers, radio or television antennas, spires, flagpoles, water tanks, roof-mounted wind enerqy conversion systems or monuments otherwise approved for erection; provided, however, that smokestacks may also extend beyond such limits, if they do not exceed in height the distance to the nearest lot line; and further provided that one tower for purposes of an amateur radio station operation, which may contain multiple antennas, may extend beyond said height limits but shall not exceed ninety (90) feet in height above ground elevation. (b) No artificial structure or tree or other natural growth which on the basis of its height would constitute an obstruction to air navigation pursuant to Part 77 of the Federal Aviation Administration Regulations, 14 C.F.R. 99 77.21 et seq. shall be allowed in any district. The director of the department of planning shall prepare a map delineating geometric specifications and height limitations for protecting navigable airspace in compliance with Part 77 of the Federal Aviation Administration Regulations, 14 C.F.R. 99 77.21 et seq. Sec. 209 Wind EnerQY Conversion Systems. (a) Purpose. The purpose of this section is to promote the use of renewable enerqy sources by allowinq wind enerqy conversion systems in appropriate locations while minimizinq visual. safety and environmental impacts and promotinq the safe. effective and efficient use of such systems. (b) Application requirements. (1) Conditional use permit applications. In addition to the information required by Section 221. applications for a conditional use permit for a wind enerqy conversion system shall include the followinq items: (A) A site plan or plan drawn to scale. showinq the location, heiqht and desiqn of the proposed system. includinq any accessory buildinqs or other appurtenances. adiacent land uses. and any other applicable information required by the Planninq Director; (B) A certification from a professional enqineer licensed in the Commonwealth of Virqinia that the proposed system complies with all applicable requlations and requirements of the Virqinia Uniform Statewide Buildinq Code and Federal Aviation Administration; 2 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 'I II I' (C) A certification from a professional enqineer licensed in the Commonwealth of Virqinia that the structure upon which the proposed wind enerqy conversion system is to be mounted will have the structural inteqrity to carry the weiqht and wind loads of the wind enerqy conversion system and have minimal vibration impacts on the structure; and (D) Elevation drawinqs. computer-qenerated photoqraphic simulations. or such other documentation as the Planninq Director may require that depict how the proposed wind enerqy conversion system. includinq accessory buildinqs, will appear as constructed on the proposed site; provided, however, that this requirement shall not apply if the proposed wind enerqy system is allowed as a principal use. (2) Buildinq permit/site development plan applications. In addition to information otherwise required by ordinance, applications for buildinq permits or site development plans shall include the information specified in subdivisions (A). (8) and (C). (c) Lot area, setback, heiqht, etc. requirements. Wind enemy conversion systems shall be subiect to the followinq requirements: (1) Lot area. Minimum lot area requirements for wind enerqy conversion systems shall be as follows: (A) For freestandinq wind enemy conversion systems outside of Residential Districts, forty thousand (40,000) square feet plus an additional twenty thousand (20,000) square feet for each such system in excess of one (1); (8) For roof-mounted wind enerqy conversion systems, the minimum lot area specified in the district requlations: and (C) For wind enerqy conversion systems allowed as a conditional use, the City Council may approve an application in which the subiect property fails to meet the specified minimum lot area requirements upon a findinq that the proposed system is of such size or in such location, or that the conditions attached to the conditional use permit are sufficiently restrictive, that the deficiency in lot area will not result in any adverse effects upon surroundinq properties. The Planninq Director shall include in his report to the Planninq Commission the specific factors, if any, that would support the Qrantinq of a conditional use permit on lots that fail to meet the minimum lot area requirements of this section. 3 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 II (2) II ,II II Setbacks. (A) No tower in any freestandino wind eneroy conversion system shall be located closer to any property line or public rioht-of- way than a distance equal to one hundred ten per cent (110%) of the heioht of the tower or the setback specified in the applicable district reoulations. whichever is oreater, or closer to any residential structure or overhead utility transmission line than a distance equal to one hundred ten per cent ( 110%) of the heioht of the tower. (8) No support structure of a freestandino wind eneroy conversion system, includino OUy wires, shall be located in any required front yard or any required side yard adiacent to a street. (3) Heiaht. (A) Unless otherwise specified in this section or the conditional use permit. wind eneroy conversion systems shall be subiect to the heioht reoulations of the zonino district in which they are located; provided, that in no event shall the heioht of any such system exceed that recommended by the manufacturer. (8) The heioht of a freestandino wind eneroy conversion system shall be measured as the distance from oround level to the hiohest point on the tower. includino the verticallenoth of any extensions such as rotor blades. The heioht of a roof-mounted wind enemy conversion system shall be measured as the distance from the point at which the base of the system is attached to the buildino or the lowest point of any component of the wind eneroy conversion system, whichever is lower, to the hiohest point on the wind eneray conversion system, includino the vertical lenoth of any extensions such as rotor blades. (C) Notwithstandino any contrary heioht limitation specified in the district reoulations. roof-mounted wind eneroy conversion systems may proiect a maximum of eioht (8) feet above the roofline of the structure on which they are located unless a oreater heioht is allowed by the conditional use permit. (0) The minimum rotor clearance of freestandinq wind enerqy conversion systems shall be twenty-five (25) feet above qround level for systems incorporatinq horizontal-axis turbines and ten (10) feet for systems incorporatinq vertical-axis turbines. 4 ,I II I' 175 176 (4) Siqnaqe. No siqnaqe. other than safety and warninq siqns. shall be 177 allowed. 178 179 (5) Tower construction. All freestandinq towers shall be of monopole 180 construction. without qUV wires or visible anchors. unless allowed bv 181 the conditional use permit. 182 183 (6) Noise. The hiqhest level of noise qenerated bv the system. as 184 measured at any adioininq property line. shall not exceed an A- 185 weiqhted decibel level of 55 dB(A). 186 187 (7) Illumination. No portion of a system shall be illuminated unless 188 required bv the Federal Aviation Administration. 189 190 (8) Sitina. Systems shall be sited in a manner to minimize shadowinq 191 and flickerinq effects on any adiacent property. 192 193 (9) Electrical connections. All electrical controls. control Wlnnq and 194 power lines shall be located underqround or otherwise hidden from 195 view. 196 197 (10) Brakina. All systems shall be equipped with a redundant brakinq 198 system that enqaqes at wind speeds in accordance with the 199 manufacturer's specifications so as to minimize the potential for wind 200 damaqe to the system or its supportinq structure. 201 202 (11) Unless otherwise required bv the Federal Aviation Administration or 203 other qovernmental authority or allowed bv the conditional use 204 permit. all portions of a wind enerqv conversion system shall be of a 205 non-reflective white. black. qalvanized steel. aluminum or other 206 matte-finish color desiqned to blend with the surroundinq 207 environment: provided. however. that blades may be painted black to 208 facilitate deicinq. Where more than one system is located on a lot. 209 all such systems shall be of a uniform appearance. 210 211 (d) Inspections. All wind enerqv conversion systems. includinq all associated 212 equipment. shall be inspected every two (2) years to ensure compliance with this section 213 and the conditional use permit. The report of such inspection shall be provided to the 214 Planninq Director. 215 216 (e) Discontinuance. Anv wind enerqv conversion system that is not in use for a 217 period of one (1) year shall be removed within ninety (90) days after notification bv the 218 Planninq Director. 219 220 221 5 ,III I' 222 Sec. 242.5. Wind enerav conversion systems. 223 224 In addition to qeneral requirements. wind enerqy conversion systems shall be 225 subiect to the provisions of Section 209. 226 227 Sec. 301. Use regulations [Preservation District]. 228 229 (a) Principal and conditional uses. The following chart lists those uses permitted within 230 the P-1 Preservation District. Those uses and structures shall be permitted as either principal 231 uses indicated by a "P" or as conditional uses indicated by a "C." No uses or structures other than 232 as specified shall be permitted. 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 USE P-1 Wind enerQV conversion systems. freestandinq C Wind enerQV conversion systems. roof-mounted C Sec. 401. Use regulations [Agricultural Districts]. (a) Principal and conditional uses. The following chart lists those uses permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the respective agricultural districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. USE AG-1 AG-2 Wind enerqy conversion systems, freestandinq, except as provided below P P Wind enerqy conversion systems. freestandinq, in excess of one ( 1 ) C C Wind enerqy conversion systems. roof-mounted. except as provided below P P Wind enerqy conversion systems. roof-mounted. in excess of one (1) C C 6 I II I' 261 Sec. 501. Use regulations [Residential Districts]. 262 263 (a) Principal and conditional uses. The following chart lists those uses 264 permitted within the R-40 through R-2.5 Residential Districts. Those uses and structures 265 in the respective residential districts shall be permitted as either principal uses indicated 266 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 267 "X" shall be prohibited in the respective districts. No uses or structures other than as 268 specified shall be permitted. 269 270 Use R40 R~O R~O ~15 ~10 ~ ~ 7.5 50 R- R-5S R-2.5 5R Wind enerQY conversion systems. free- E E E E ~ ~ X ~ ~ ~ standinQ. except as provided below 271 Wind enerQY 272 conversion 273 systems. 274 freestandinQ, 275 in excess of 276 one ( 1) C ~ ~ ~ ~ ~ X ~ ~ ~ 277 278 Wind enerQY 279 conversion 280 systems. 281 roof-mounted , 282 except as provided 283 below E E E p E p E E E ~ 284 285 Wind enerQY 286 conversion systems, 287 roof-mounted, 288 in excess of 289 one (1) C C C C C X X ~ ~ ~ 290 291 292 293 Sec. 601. Use regulations [Apartment Districts] 294 295 (a) Principal and conditional uses. The following chart lists those uses permitted 296 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 297 respective apartment districts shall be permitted as either principal uses indicated by a 7 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 I I' "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use A-12 A-18 A-24 A-36 Wind eneroy conversion systems, freestandino c c c c Wind eneroy conversion systems, roof-mounted c c c c Sec. 701. Use regulations [Hotel District] (a) Principal and conditional uses. The following chart lists those uses permitted within the H-1 Hotel District. Those uses and structures in the district shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the district. No uses or structures other than as specified shall be permitted Use H-1 Wind eneroy conversion systems, roof-mounted. except as provided below p Wind eneroy conversion systems. roof-mounted. in excess of one (1) per principal structure c Sec. 801. Use regulations [Office Districts]. (a) Principal and conditional uses. The following chart lists those uses permitted within the 0-1 and 0-2 Office Districts. Those uses and structures in the respective office districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. USE 0-1 0-2 Wind eneroy conversion systems. freestandino c c 8 I II I' Wind enerQY conversion systems, roof-mounted, except as provided below .E .E Wind enerQY conversion systems, roof-mounted, in excess of one (1) C C 343 344 345 346 Sec. 901. Use regulations [Business Districts]. 347 348 (a) Principal and conditional uses. The following chart lists those uses permitted within 349 the B-1 through B-4K Business Districts. Those uses and structures in the respective business 350 districts shall be permitted as either principal uses indicated by a "P" or as conditional uses 351 indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective 352 districts. No uses or structures other than as specified shall be permitted. 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 USE B-1 B- B-2 B-3 B- 1A 3A B-4 B- B- 4C 4K Wind enerQY conversion systems, freestandinQ, except as provided below P P .E ~ ~ ~ X ~ Wind enerQY conversion systems, freestandinQ, in excess of one (1) C C C ~ ~ ~ X ~ Wind enerQY conversion systems, roof-mounted, except as provided below .E .E .E .E .E .E .E .E Wind enerQY conversion systems, roof-mounted, in excess of one (1) per principal structure C C C c c c c c Sec. 1001. Use regulations [Industrial Districts]. (a) Principal and conditional uses. The following chart lists those uses permitted within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the respective industrial districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. 9 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 'III I' Use 1-1 1-2 Wind enerQV conversion systems. freestandinQ. except as provided below E p Wind enerQV conversion systems. freestandinQ. in excess of two (2) c c Wind enerQV conversion systems, roof-mounted, except as provided below p E Wind enerQV conversion systems, roof-mounted, in excess of one (1) per principal structure c c Sec. 1501. Use Regulations [RT-1 Resort Tourist District] (a) The following chart lists those uses permitted within the RT-2 Resort Tourist District as either principal uses, as indicated by a "P," or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). Buildings within the RT-2 District may include any principal or conditional uses in combination with any other principal or conditional uses. No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. Use RT-1 Wind enerQV conversion systems, roof-mounted, except as provided below E Wind enerQV conversion systems. roof-mounted, in excess of one (1) per principal structure c Sec. 1511. Use Regulations [RT-2 Resort Tourist District] (a) The following chart lists those uses permitted within the RT-2 Resort Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). No uses or structures other than those specified shall be permitted. All uses, 10 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 I III I' whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. Use RT-2 Wind enerQV conversion systems. roof-mounted. except as provided below p Wind enerQV conversion systems. roof-mounted. in excess of one (1) per principal structure c Sec. 1521. Use Regulations [RT-3 Resort Tourist District] (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, buildings within the RT-3 District may include any principal or conditional uses in combination with any other principal or conditional use. No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. Use RT-3 Wind enerQV conversion systems. roof-mounted, except as provided below E Wind enerQV conversion systems, roof-mounted. in excess of one (1) per principal structure c Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of September, 2009. 11 ;1 Item V.M.I. APPOINTMENTS - 48 - ITEM # 59202 BY CONSENSUS, City Council RESCHEDULED thefol/owillg APPOINTMENTS: AGRICULTURAL ADVISORY COMMITTEE HEALTH SERVICES BOARD ,I ,II I' September 8. 2009 II I' - 49- Item V.M.2. APPOINTMENTS ITEM # 59203 Upon NOMINA TION by Vice Mayor Jones, City Council APPOINTED: J. Randolph Sutton 5 Year Term 1/1/10-12/31/14 BOARD OF ZONING APPEALS - BZA Voting: 11-0 Council Members Voting Aye: Glenn R. Davis. William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer. Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms. Jr., John E. Uhrin. Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 8, 2009 I II 'I II Ii - 50 - Item V.M.3. APPOINTMENTS ITEM # 59204 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Richard G. Poole 3 Year Term 1/1/10-12/31/12 CHESAPEAKE BAY PRESERVATION ADVISORY BOARD Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 8, 2009 'I II I' - 51 - Item V.M.4. APPOINTMENTS ITEM # 59205 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: John M. Raillio Lynn W. Carwell Edgar E. DeLong Barbara J. Ferguson William M. Walsh, Jr. 2 Year Terms 11/1/09-10/31/11 HISTORICAL REVIEW BOARD Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Dieze!, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr" John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Memhers Ahsent. None September 8, 2009 'I ..1 II - 52 - Item v.P. ADJOURNMENT ITEM # 59206 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:50 P.M. _Gl1~___()~~r!/~ Beverly cfHooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia The Public Comment re Non-Agenda items adjourned at 7:03 P.M. September 8, 2009 , 'I il II "11 - 52 - Item v.P. ADJOURNMENT ITEM # 59206 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:50 P.M. a~---~~--1i!-~-~ Beverf{ 0. Hooks, CMC Chief Deputy City Clerk J/dlk? William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia The Public Comment re Non-Agenda items adjourned at 7:03 P.M. September 8, 2009 ,I .11 - 53 - PUBLIC COMMENT Rear Admiral Fred Metz, 805 Circuit Court, Phone: 481-3248, spoke re the Naval Aviation Monument and the blank 10 x 17foot wall. The Naval Aviation Monument Wall will be a mural representing Naval Aviation. Marines. Navy and Coast Guard To celebrate the 100th Anniversary, working with BobbJ'Mellatti, next Summer they will tell the local story of aviation, Pungo, Creeds and Oceana at the monument. Admiral Metz also reviewed the plan for the centennial. He briefly reviewed issues of concern and the potential negative effect on our economy. He was not sure all realized how important an economic factor the Department of Defense is to the region. $18. 6-BILLION a year is attributed to the local economy from the Department of Defense. The Department of Defense is an economic engine for the region. He recently attended a meeting with Retired Flags (Admiral~) in Washington, D.C. The Chief of Naval Operations and his staff discussed major Navy issues, specifically those that will affect the region and Virginia Beach. The Navy recently published a Plan for "Strategic Laydown .. of Ships and Aircraft, presenting other plans that need to be discussed. Other regions are aggressive~v addressing many of these issues which, if they succeed, will have a negative effect on the City. Some issues are in the present defense budget and the decisions are critical to the region. Admiral Metz met with Congressman Nye twice in August to discuss and make suggestions on critical issues. In the present budget, there arefimdl'.for dredging at Ma,lport. The USS Enterprise carrier is decommissioning. The region will he down to Ihree (3) carriers. lhere will he a loss of6, 000 personnel and possibly an Air Wing. The/uur (4) Liltom! Conduct Ships (LCS) in the present FY 2010 Budget. withfour (4) more in 2011 will possih~v go to Mayport and not Litt!e Creek. There will he a new J(yJ' Fleet Cyber Command standing up which will probably go to Fort Meade. This will result in loss of jobs from NETWARCOM Little Creek), In addition, the Outlying Field Environmental Impact Statement and other issues, which caused the delay, besides the addition of F-35, were discussed. He displayed information re the Chief of Naval Operations Brief; the Strategic Lay Down Study, the Noise Study and the Environmental Impact Statementfor Joint Strike Fighters. Said information was not made available for the record but Admiral Metz will discuss any of their information with City Council and staff upon request. September 8, 2009