OCTOBER 13, 2009
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WILLIAM D. SESSOMS ,JR., At-Large
VICE MAYOR LOUIS R. JONES, Bayslde - District"
(i/.ENN R. DA VIS, Rose Hal/- Dls/rlct 3
fV/UIAM R. DeSThPH, At-I,arge
HANRY Ii DIEZHI" Kempsl'l//e - D/strlct 2
NOB/iRT M DYliR.. Centervil/e - DIstrict /
BARBARA M HiiNiEY, Princess Anne DrSlrlcl 7
JOHN H. UHRiN, Beach Dls/rlcl6
/?I!N A. V/UANUHVA, AI-Large
ROShMARY WiLSON, AI-Large
JAMES L. WOOD, /,ynnhaven -Dls/rlct 5
CITY COUNCIL APPOINTEES
CITY MANAGER - JAMES K SPORE
CITY A7TORNEY MARK D. STILES
CITY ASSESSOR JERALD BANAGAN
CITY AUDITOR I.YNDON S. REMIAS
('ITY CLERK - RUTH HODGES FRASER, MMC
CITY COUNCIL AGENDA
13 OCTOBER 2009
I.
CITY MANAGER'S BRIEFINGS:
- Conference Room -
A. FAA RADAR UPDATE
Steve Herbert, Deputy City Manager
B. PIER SETBACKS
Karen Lasley, Zoning Administrator
C. CHINESE DRYWALL
Cheri Hainer, Permits and Inspections Administrator - Planning
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
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
2:00 PM
3:30 PM
VI. FORMAL SESSION AGENDA
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B.
INVOCATION:
Reverend Karl Sexton
Pastor
Gateway Free Will 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
September 22, 2009
G. FORMAL SESSION AGENDA
H. CONSENT AGENDA
I. ORDINANCESIRESOLUTIONS
1. Ordinance to AUTHORIZE the City Manager to execute a Deed conveying the
Lynnhaven Middle School site to the School Board.
2. Ordinance to AUTHORIZE the City Manager to ACCEPT the dedication of a parcel
of land near Kings Grant Elementary at 586 North Lynnhaven Road.
DISTRICT 5 - L YNNHA VEN
3. Ordinance re the ASSIGNMENT of the Sublease for the First Tee at the Virginia Beach
National Golf Course from Hampton Roads Junior Golf Foundation to the YMCA of
South Hampton Roads.
4. Resolution re an AGREEMENT between the City and the Hampton Roads Center for
Civic Engagement (HRCCE) to provide a Transportation Dialogue program to
complete the public input process.
5. Resolution to REFER to the Planning Commission an Ordinance to AMEND S III of
the City Zoning Ordinance (CZO) re the definition of adult bookstores.
6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned
right-of-way for SAMUEL W. ZIMMER to remove an existing block paver wall and a
portion of an existing brick walk to construct and maintain a cobblestone curb and modify
an existing cobblestone planter at 53-Yz Street and 5303 Ocean Front Avenue.
DISTRICT 5 - L YNNHA VEN (Deferred September 22, 2009)
7. Ordinance to ESTABLISH the FEMA Administrative Cost Grant, a subgroup of the
Emergency FEMA Fund, TRANSFER $99,852 and $184,157 from the Federal
Emergency Management Agency (FEMA) deployment grants re the Virginia Task Force
2 Urban Search and Rescue Team.
8. Ordinance to APPROPRIATE $93,430 to the Police Department's FY2009-10
Operating Budget from the fund balance of the DEA Seized Property Special Revenue
Fund re purchase of equipment.
9. Ordinance to ACCEPT and APPROPRIATE from the Department of Criminal Justice
Services (DCJS) $20,847 additional funding to the Commonwealth Attorney's Office FY
2009-10 Operating Budget re the Victim Witness Program.
10. Ordinance to APPROPRIATE $9,940 from the fund balance of the Proffer Impact Fund
to refund overpayment of open space proffer fees to The Victoria Park Residential
Development.
J. PLANNING
1. Application of SANDLER AT BRENNEMAN FARM, L.L.C. for an Amendment to
PD-H2 Land Use Plan at Brenneman Farm (Nichols Park at Lexington) to convert 76
three (3)-story carriage-style homes to 76 two (2)-story townhomes at Nichols Ridge
Road, Willow Croft Drive and Totteridge Lane.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROV AL
2. Application of HEBRON CORNERSTONE CHURCH INTERNATIONAL/CS
COMMERCIAL PROPERTIES, LLC, for a Conditional Use Permit re a church
renovation at 5565 Virginia Beach Boulevard.
DISTRICT 2 - KEMPSVILLE 3
RECOMMENDA nON
APPROV AL
3. Application of ATLANTIC MARINE CONSTRUCTION, INC. for a Conditional Use
Permit re a bulk storage yard at 3465 Chandler Creek Road.
DISTRICT 3 - ROSE HALL
DEFERRED
RECOMMENDA nON
SEPTEMBER 10, 2008 and JULY 8, 2009
APPROV AL
4. Application of BOB and DEBRA BURTON for a Conditional Use Permit re a
residential kennel at 1425 Drum Point Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROV AL
5. Application of HAMPTON ROADS YOUTH and COMMUNITY ADVISORY
COUNCILIPINEY GROVE BAPTIST CHURCH for Modification of Conditions
(approved by City Council on April 11, 1988) to add portable classrooms at 2804
Holland Road.
DISTRICT 7 - PRINCESS ANNE APPROV AL
RECOMMENDA nON
K. APPOINTMENTS:
BOARD OF ZONING APPEALS
CHESAPEAKE BAY PRESERVATION AREA BOARD
HEALTH SERVICES ADVISORY BOARD
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
*********************************
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
**********************************
I ~
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
***********
Gloria IO/13/09gw
www.vbgov.com
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MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 13, 2009
Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING re FAA RADAR
UPDATE in the City Council Conference Room, Tuesday, October 13,2009, at 2:00 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
October 13, 2009
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C IT Y MANA G E R 'S B R IE FIN G
FAA RADAR UPDATE
ITEM # 59255
2:00 P.M.
The City Manager advised the FAA Radar update was scheduled at the request of City Council. The City
Manager introduced Steve Herbert, Deputy City Manager, who made the presentation. The ARSR-4 Site
Location maps depict forty-two (42) sites in the United States.
The ARSR-4 Complex at NAS Oceana was installed in 1995. Mr. Herbert displayed slides indicating the
location of ARSR-4 in relation to Ocean ant Resort Area.
October 13, 2009
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CITY MANA GER 'S BRIEFING
FAA RADAR UPDATE
ITEM # 59255 (Continued)
Mr. Herbert displayed the Development Corridors of the Resort Area Plan, adopted December 2008
The term "OE" means Obstruction Evaluation and is conducted by the (FAA) Federal Aviation
Administration responding to a filing either by the City or an individual who wishes to build in an area
withjurisdiction by the FAA,
October 13, 2009
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C IT Y MANA G E R 'S B R I E FIN G
FAA RADAR UPDATE
ITEM # 59255 (Continued)
Project 11, the original Convention Center Hotel site, was filed with the FAA for a height of207 feet.
February 2008 was the first time the City received any indication from the FAA that the height was not
approved. 110 Feet was determined by the FAA on February 11,2008.
Projects 11 A & B was filed for 180 feet (this height had been agreed upon by the United States Navy),
but the FAA determined the height to be only 110 feet,
October 13, 2009
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C IT Y MANA G E R 'S B R IE FIN G
FAA RADAR UPDATE
ITEM # 59255 (Continued)
Project 13 (Laskin Gateway/31'" Street) was filed for 200 feet, but again the FAA determined the height to
be II 0 feet. No building at that time, was planned to be 200 feet.
Project 14 (Rudee Loop) was filed for 200 feet, but determined by the FAA to be 110 feet.
October 13, 2009
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C IT Y MANA G E R 'S B R IE FIN G
FAA RADAR UPDATE
ITEM # 59255 (Continued)
Mr. Herbert displayed a chart indicating a Summary of the FAA Determinations
Summary of FAA Determinations
OE NUMBER PROJECT PROPOSED HEIGHT FAA
(FEETAGL) DETERMINATION OF
MAXIMUM HEIGHT
(FEET AGL)
2oo7-AEA-1721- OE Convention Center Hotel 260 180
(NPH issued 02-11-2007) Site
2007 -AEA-6294-0E Convention Center Hotel 207 110
(NPH issued 02-11-2008) Site
2009-AEA-212-0E Convention Center Hotel 180 110
2009-AEA-215-0E Site 2009
(NPH issued 06-24-2009)
2009-AEA-276-0E st 200 110
3 1 Street / Laskin
(NPH issued 06-24-2009) Gateway
2009-AEA-274-0E Rudee Loop 200 110
(NPH issued 06-24-2009
Fiscal and Economic Impact of IIO-Foot Height Limit on Resort Area
(in planned development areas)
. Approximate forgone direct and indirect jobs: 2,488
. Over 50 years, lost City revenues are estimated at $ 1.3-BILLION
October 13, 2009
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C IT Y MANA G E R 'S B R IE FIN G
FAA RADAR UPDATE
ITEM # 59255 (Continued)
" )
~~
* 35 Structures over
110 Feet Above
Ground
S\
RUt>'U"
I; "" !~1:T
October 13, 2009
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C IT Y MANA G E R 'S B R IE FIN G
FAA RADAR UPDATE
ITEM # 59255 (Continued)
October 13, 2009
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C IT Y MANA G E R 'S B R IE FIN G
FAA RADAR UPDATE
ITEM # 59255 (Continued)
October 13, 2009
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CITY MANAGER'S BRIEFING
FAA RADAR UPDATE
ITEM # 59255 (Continued)
Virginia Beach Development Timeline
. Convention Center Hotel
. Final responses from two developers for a 400 room hotel (Hyatt Regency or Marriott)
received on September 15
. VEDA hopes to select a developer in November - December 2009
. Current plans are 180 and 110 feet tall
October 13, 2009
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C IT Y MANA G E R'S B R IE FIN G
FAA RADAR UPDATE
ITEM # 59255 (Continued)
September 10,2009 Meeting in Washington, D.C.
. Sponsored by Senators Webb, Warner and Congressman Nye
. Attended by:
. Congressional Staffers
. Federal Aviation Administration
. Department of Homeland Security
· Office of Secretary of Defense
. United States Air Force
· NORAD
. United States Navy
. Virginia Beach City Staff
. Commanding Officer, Oceana Naval Air Station
Mitigation Study Timeline
. What is the process for the study from this point forward?
. How long will it take until completion of the study?
. Who are, or will continue to be, the points of contact at the FAA and the USAF?
Washington, DC Meeting Outcomes
. FAA and USAF (United States Air Force) Points of Contact Assigned
. Kenneth H Kingsmore, DoD LRR JPO (Department of Defense) (Long Range Radar and
Joint Programs Officer - Program Manager, which is a combination of the Federal
Aviation Administration and Air Force
. Donna O'Neill, FAA Airspace Specialist
. USAF 84th RADES - (Radar Evaluation Squadron) to reevaluate findings
. Based on new panoramic photography, latitude and longitude of existing Oceanfront
buildings (City provided data)
. Includes computer modeling to determine if degradation to radar exists
. Reports due out on October 16,2009 (probably through NORAD)
Washington, DC Discussion Points
. The City appreciates the cooperation and assistance given to this issue
. The City understands that national defense and homeland security are the top priority
. The City will continue to work with NAS Oceana to support their mission and continue their
presence in Virginia Beach as the East Coast Master Jet Base for the Navy
. The City supports all mitigation initiatives and will also support a radar relocation feasibility
assessment if the FAA and USAF are willing to initiate one
. Delegation sent list of questions for answer by FAA/USAF by mid-October 2009. Another
meeting in Washington, D. C. to follow
Next Steps
. Receive Air Force Report
. Work with consultants to review report
. Seek Council guidance to pursue further mitigation or move into relocation process with support
of Congressional Delegation
October 13, 2009
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C IT Y MANA G E R 'S B R IE FIN G
FAA RADAR UPDATE
ITEM # 59255 (Continued)
Councilman Dyer had requested the FAA Radar Briefing and expressed concern relative an
inappropriate "letter to the Editor" from staff and he did not remember giving staff direction re the
height of the buildings, There was an explicit directive to schedule one City Council Workshop per month
commencing at 10:00 A.M This has not occurred
October 13, 2009
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CITY MANA GER 'S BRIEFING
PIER SETBACKS
2:37 P.M.
ITEM # 59256
Karen Lasley, Zoning Administrator, introduced Associate City Attorney Kay Wilson to present
summarizations of the State Code Regulations re piers. This background information is important.
Associate City Attorney Kay Wilson advised:
PIERS - AMENDMENTS TO THE CITY ZONING ORDINANCE
~ Per State Code, all riparian owners have a right to erect a private pier to reach navigable water.
~ The Virginia Marine Resources Commission (VMRC) regulates these private piers, In doing so,
the VMRC regulates the size of L or T platforms, the impact on navigation or the width of the
pier.
~ The City, by State Code, can regulate the placement of roofs, gazebos and boathouses on these
piers.
Karen Lasley advised that in Virginia Beach the majority of waterfront lots are zoned R-40 - Residential
40,000 minimum square foot lots, Ms. Lasley displayed a map depicting the Districts, with side yard and
rear yard setbacks of 20 feet. A lot was displayed, which is fairly typical in Virginia Beach and has a
stem, approximately 34 feet wide, which provides water access, Therefore, there is no way that this
property owner can place a pier into the water and meet these two (2) twenty (20)-foot side yard setbacks.
R-40 Residential
District
Side y~"wd set:back ::::: 20 feet
Rear yard setback = 2.0 feet.
Pier Setbacks
Only required for any
improvement which
exceeds 16 inches in height.
NO' setbacks requi,.ed
below mean low water.
Wetlands I-egulations
,.equire piers to be )' above
wetlands vegetation.
October 13, 2009
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C IT Y MANA G E R 'S B R IE FIN G
PIER SETBACKS
ITEM # 59256 (Continued)
Setback variances for Piers
~ State Code says a variance request should not be approved if the condition or situation of the
property is general or recurring in nature
~ There are an average of six (6) per year approved by the Board of Zoning (BZA) = recurring in
nature
~ Zoning Ordinance should be amended or BZA should stop approving variances to setbacks for
piers
Proposed Amendment
No side or rear yard setbacks required for piers if:
~ The pier is no more thanfour-foot (4') wide
~ The pier is uncovered
~ No structures on the pier except uncovered boat lifts
~ Extends into the side or rear yards only where necessary to access navigable water
This is a controversial amendment. There have been many e-mails and expressions of concern from
citizens and attorneys, most of which is based upon two (2) cases. Choon Kim decided at his own risk,
even with the reversal of the Board of Zoning Appeals' approval, to construct the pier,
Ch<>C>nI Kim
Varia. nee app.-c......ed by f1.2:A
~'_'n 12- I '9_2007 '"~'> all......"" p'l~"
vvlt'h ... I O. ""u',t..~ y..... d .._-"back
Rover-sed In Circuit Cc>u.-'c;
c~n c:..,e..."".......b.",. 0.2.0()f.l
October 13, 2009
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C IT Y MANA G E R 'S B R IE FIN G
PIER SETBACKS
ITEM # 59256 (Continued)
At this point, since Mr. Kim did not prevail in Court, he has been requested to remove the pier. Mr. Kim
filed an appeal to this decision. The Board of Zoning Appeals deferred this appeal to December 2009 at
their last meeting, to allow the City Council to consider the amendments. If the proposed amendment is
passed, Mr, Kim would not need a variance to keep the pier.
Heenan
Variance to allow a pier
with 12' and 14' side yard
setbacks instead of 20' as
required was approved by
BZA on October 4,1995
subject to site plan
New owner - desires larger
pier and boat lift
Requests a variance to
allow a 9' side yard setback
on NW side instead of 12'
as previously approved and
to waive the condition
attached in 1995. Denied by
BZA on December 12,2006
In 1995, the lot displayed was owned by Kevin Riccio, who requested a variance to allow a pier. His
neighbors objected at the time. The new owner, James Heenan, desired a larger pier and boat lift, This
variance was denied by the Board of Zoning Appeals on December 12, 2006,
October 13, 2009
II
~ June 10, 2009
~ July 8, 2009
~ August 25, 2009
~ October 13, 2009
~ October 27, 2009
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C IT Y MANA G E R 'S B R IE FIN G
PIER SETBACKS
ITEM # 59256 (Continued)
Amendment Schedule
Planning Commission defers to allow changes to the amendments
Planning Commission Public Hearing. Recommended approval 11 to O.
City Council defers for sixty (60) days
Staffpresentation to City Council
City Council Public Hearing
October 13, 2009
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C IT Y MANA G E R 'S B R IE FIN G
CHINESE DRYWALL
2:55 P.M.
ITEM # 59257
Cheri Hainer, Permits and Inspections Administrator - Planning, presented information re the status of
the Chinese Drywall issue:
Tainted Drywall Update
. Inez Tenenbaum of the Consumer Product Safety Commission (CPSC) joined Senator Warner,
Representatives Scott and Nye in visiting homes in Virginia Beach and Chesapeake which had
been constructed with the questionable (Chinese) drywall.
. Last week, Senator Nelson and Representative Wexler from Florida worked with Senators Mary
Landrieu, Louisiana, Jim Webb and Mark Warner, Virginia, re correspondence to the Federal
Emergency Management Agency (FEMA), asking whether it has the authority to provide aid to
homeowners displaced by defective Chinese drywall, They requested a reply by November 7,
2009. Senator Warner has already been in contact with the Internal Revenue Service for
possible tax relief for these homeowners.
. The Consumer Product Safety Commission (CPSC) has received more than 1,500 complaints
from twenty-seven (27) states, including Wisconsin, South Dakota and Washington, DC. about
drywall. Reported use in Newport News and James City County
o CPSC has a determination pending - Is it a Defective Product or a Hazardous
Material?
o Confirmed that during 2006, 6,997,456 sheets of Chinese drywall were imported into the
United States
o CPSC has visited the manufacturer and government officials in China. They are focusing
on both scientific studies as well as tracing the chain of commerce
o CPSC has conducted seventy-five (75) "in-depth investigations" with another twenty (20)
in progress. They are also performing product and air sample testing to determine
source of toxicity
o The Environmental Protection Agency (EP A), ruled out radioactive! formaldehyde
properties in drywall
o Defective Product vs Hazardous Material determination will greatly affect the next
course of action - this substantiates builders' insurance claims and class action suits
. Center for Disease Control is continuing to monitor medical concerns associated with exposure
to tainted drywall. To date, they are reporting no lingering effects - once source is removed,
symptoms go away
October 13, 2009
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CITY MANA GER 'S BRIEFING
CHINESE DRYWALL
ITEM # 59257 (Continued)
. Building Code Enforcement
o Product not currently being used anywhere in Virginia Beach
o Still gathering information as to where it has been used
o Some builders have already started replacing drywall- others waitingfor CPSC
determination
o Builder in Chesapeake (hotel) filed building code appeal and lost at the locallevel,
concurring that it was not an approved material. Now going to be heard by the Board of
Housing /Technical Review Board (TRE) - their determination becomes an extension of
the Code.
o Based on Consumer Product Safety Commission (CPSC), Board of Housing /Technical
Review Board (TRE), Federal Emergency Management Association (FEMA) and/or
legislative actions, enforcement process will evolve
Ms. Hainer advised disposal of the drywall is currently being made in the same manner as asbestos (i.e,
bagging same and taken to the landfill). Manufacturers and the Us. Gypsum Association have
recommended these procedures. It is not being recycled. The Environmental Protection Agency has not
been strict in their enforcement.
Councilman DeSteph referenced he sent approximately five hundred (500) letters re the Chinese drywall
issue to elected officials, including President Obama, Councilman DeSteph has requested assistance for
the citizens of Virginia Beach and other communities re the health risks and property damage caused by
defective Chinese gypsum board ("drywall'J Samples of said correspondence are hereby made a part of
the record. Councilman DeSteph referenced a response from Dr. Thomas W. Yun, dated October 2, 2009,
advising receipt of Councilman DeSteph's letter of June 17, 2009. Dr, Yun advised the correspondence
was directed to the Office of Medical Services at the United States Department of State. This office does
not have the authority re Councilman DeSteph's request, The Department's Executive Secretariats'
Office will transfer the letter to the Department of Housing and Urban Development's Office of the
Executive Secretariat for proper response.
Quick responses were received from the Consumer Product Safety Commission and the City's Senators
and Delegates, Councilman DeSteph also distributed copies of his correspondence to Delegate Purkey
requesting the Commissioner of Insurance review this matter in the same mater as James H Brown,
Commissioner of Insurance for the State of Louisiana, Mr. Brown's correspondence is hereby made a
part of the record.
As soon as this issue was determined to be a problem, Permits and Inspections made it easy to receive a
permit to handle the remediation, Ms. Hainer has reviewed the remediation which the Dragas
Corporation utilizes for their affected developments. She has also worked with Chesapeake and some of
the surrounding communities re assistance to homeowners re this issue. Councilman DeSteph referenced
correspondence from the Real Estate Assessor re their policy on the Chinese Drywall issue. They have
accepted a contractor's estimate of "cost to cure" from the property owner. If the property owner does
not have an estimate, the improvement value will be reduced 50%. If a higher estimate is subsequently
submitted, the reduction will be adjusted retroactively, assuming it is within the state mandated four year
statute of limitations for changing assessments. Councilman DeSteph is working on a follow-up
correspondence just received from President Obama on Monday, October 12, 2009, as well as the
Consumer Product Safety Commission (CPSC), hoping a ruling can be established in November.
October 13, 2009
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C I T Y MANA G E R 'S B R IE FIN G
CHINESE DRYWALL
ITEM # 59257 (Continued)
Senators Warner and Webb, at the Federal Level, are attempting to initiate a special tax credit re this
issue. When Delegate Purkey is in Richmond, Councilman DeSteph hopes the Insurance Commission's
ruling will be accelerated.
Councilman Diezel advised it was his understanding the insurance companies were opposing Mrs.
Dragas and her voluntary endeavors. If the drywall is declared defective, there may be an avenue for
claims to be forced upon the insurance companies, If the drywall is declared hazardous material, the
builder and homeowner will be affected. Councilman Diezel suggested City Council direct Ms. Hainer to
testify before the State Board in terms of her professional opinion re the defective as opposed to
hazardous material, unless, the opinion comes forward that this material is in effect hazardous.
Councilman Villanueva expressed appreciation for the leadership on this issue and suggested the concept
of natural disasters, such as flooding, might also be utilized re mitigating this financial burden on
homeowners.
Mayor Sessoms advised the homes (building) in their current situation do not have any value. If you
cannot rent the home or live in it, the value is zero. The affected homeowners are grateful their
assessment has been reducedfifty percent (50%),
Mayor Sessoms requested the City Attorney Mark D. Stiles and Real Estate Assessor, Jerald D. Banagan,
determine if more can be accomplished re this issue locally and include the impacts as far as the value
being placed on the actual building. Mayor Sessoms requested the City Attorney and Real Estate
Assessor present their opinions relative the value of the building and the steps to be taken locally at the
October 27, 2009, City Council Session.
October 13, 2009
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CITY COUNCIL LIAISON REPORTS
3:15 P.M.
ITEM # 59258
CITY AUDIT COMMITTEE
Council Members Wood and Uhrin, City Council Liaisons, distributed the Audit Committee report, which
is hereby made a part of the record.
Lyndon Remias, City Auditor, and his staff met with the Audit Committee on September 17, 2009, The
City Auditor provided a status update of the FY 2010 Audit Schedule and presented his proposed FY 10
Budget.
Audits Reports:
The City Auditor presented to the Audit Committee three (3) audit reports completed during the last
quarter. These audit reports were also previously provided to each member of City Council:
1. Fire Prevention Program
2. Planning - Fee Collection Process
3. Sheriffs Office Supplemental Retirement Plan
Fire Prevention Pro!!ram
Based upon analysis of fire inspections performed, City Auditor determined that the Fire Marshal's
Office is not providing annual comprehensive fire inspection coverage of all City commercial properties
due to a staffing shortage.
Plannin!! - Fee Collection Process
City Auditor determined that the current internal controls presented in the fee collection process in the
Department of Planning/Permits and Inspections Division are ineffectively designed to prevent, detect, or
correct irregularities on a timely basis.
FY 10 Audit Schedule - Chan!!e
City Auditor informed the Audit Committee that the FY 2010 Audit Schedule would be slightly modified to
add to the FY 2010 schedule a repeat audit of the Optima Healthcare Claims and to drop the audit of the
Sheriff's Supplemental Retirement Plan Review (this audit will be performed by Cherry, Bekaert and
Holland),
Fraud, Waste and Abuse
The City Auditor informed the Audit Committee that in the last quarter, fourteen (14) allegations of
Fraud, Waste and Abuse cases were opened.
October 13, 2009
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CITY COUNCIL LIAISON REPORTS
ITEM # 59259
TECHNOLOGY UPDATE
Council Members Davis and Villanueva, Liaisons, distributed the Technology Update, which is hereby
made a part of the record
Councilman Villanueva referenced the Public Utilities Interactive Web Application Development,
The Public Utilities Business Division and ComIT have completed the development and deployment of the
"Public Utilities Online Services" application (!]tto://www.vbflov.com/puonlineservicesJ. The goal of this
project was to internally develop an internet web application that provides customers with real time,
24/7, access to their water and sanitary sewer utility account information, bills and current balance, as
well as to provide customers with interactive forms for submitting requests for service.
Since the implementation of the network-based "Nightly Batch Processing" module on April 30, 2008,
thru August 12, 2009, the system has successfully printed over I-MILLION bills and over 250,000
delinquent notices. Since implementation of the internet-based "Water Administration Module ", the
Public Utilities Business Division has corrected over 2,300 bills and prepared over 2,000 adjustment
notices. Previously, billing clerks spent approximately four (4) hours daily to perform these tasks. Now,
tasks can be completed within a half hour, Public Utilities have also satisfied at least 1300 customer
duplicate bill requests. In the first four (4) weeks that the "Public Utilities online Services" became
available, over 925 users accessed the application (registered or sent an inquiry); more than 600
enrolled their accounts and viewed their account information, current balances, bills and water
consumption history.
In the future, the technology reports will be "shown" rather than told
ITEM # 59260
HISTORIC PRESERVATION COMMISSION
Council Members Wilson and Davis are Liaisons to the Historic Preservation Commission.
Council Lady Wilson advised last week, the Historic Preservation Commission held a Town Meeting, at
the Eastern Shore Chapel. This meeting was very well attended with between seventy and eighty citizens,
The attendees prioritized their concerns and reflected the different processes. Council Lady Wilson
expressed appreciation to the staff.
ITEM # 59261
VIRGINIA AQUARIUM and MARINE SCIENCE CENTER RENOVATION PROJECT
Council Members DeSteph and Wood, Liaisons to the Virginia Aquarium and Marine Science Center,
distributed their report, which is hereby made a part of the record
Although the FY 2009/10 Operating Budget shows the Aquarium will have a budget deficit of $403,348,
the Aquarium generates $594,736 in direct tax revenue to the City an amount greater than the budgeted
deficit, From a financial perspective, the net revenues, with the aquarium, generate approximately
$191,000 more in taxes. It is definitely a revenue generator.
The Restless Planet exhibits are scheduled to open to the public November 21,2009.
October 13, 2009
II
- 22-
CITY COUNCIL LIAISON REPORTS
ITEM # 59262
AGRICULTURAL ADVISORY COMMISSION
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
Council Lady Henley, Liaison - Bikeways and Trails Advisory Committee and the Agricultural Advisory
Commission, advised both Committees met yesterday, Monday, October 12, 2009. Both groups spoke
relative the need for education and enforcement for bicyclists.
Council Lady Wilson referenced bicycling opportunities and was pleased to note the City Council Agenda
package re new on-road cycling opportunities for Aragona, Shore Drive and Dam Neck.
With these two groups working on the same issue, some suggestions should be coming forth prior to next
Spring.
Mayor Sessoms suggested Police Chief Jacocks also become involved.
October 13, 2009
II
- 23 -
CITY COUNCIL COMMENTS
ITEM # 59263
3:25 P.M,
Councilman Davis advised some theatre students from Green Run High School, on February 1, 2009,
assisted in decreasing the cost of the "lights" in the auditorium, as well as being more conductive to
theatrics, by changing over to LED's, This resulted in tremendous savings, between $10,000 and $12,000
over the course of the year.
Other schools can take advantage of this concept.
Mayor Sessoms extended appreciation to the students on behalf of the City Council.
ITEM # 59264
Council Lady Henley referenced her discussions with the Southgate community re their BMP system. The
residents are concerned relative an algae growth. They are concerned a blockage is causing the
waterway not to flow properly. Public Works has reviewed and could not find any blockages, but have
removed certain things, performing the mission of the City to be assured the storm water operates
properly,
David Hansen, Deputy City Manager, advised in response to Council Lady Henley's request and
concerns of the Civic League, the City's engineering teams from Water Management visited the site and
conducted a complete on-site recognizance of the BMPs (Best Management Practices). They all feed to
the West Neck area and go down Princess Anne, take a left on Huckleberry Trail, where you can see the
water and then circle around Smokehouse Road. After the on-site recognizance was conducted of the
drainage system, Mr, Hansen met them and visited with the Civic League, The residents are not pleased
with the green algae stagnated on the surface of the water. The residents are concerned about no-flow
and our system supports insuring there is no threat to life or property. The City has assured there are no
obstructions. In fact, the water is perhaps inches deep. In most places, there is not a lot of storm water
flowing. There has not been much rain. There is no indication of back-ups. The upstream, of course, is
higher than the downstream. Mr, Hansen has shared with the homeowners and Civic League President,
names of the four (4) companies in the area which treat algae. It is not within the storm water rate
structure to treat "green algae" that appears late in the Summer because of heat and nitrogen content.
To do so, would mean the City would be treating seventy percent (70%) of all the bodies of water in the
City.
ITEM # 59265
Councilman Dyer advised as the City is working on the Comprehensive Plan, which will be the first one
post BRAC, relationships with the military and the Department of Defense have significantly improved.
Councilman Dyer suggested a strong Resolution of support be issued by the City Council to include the
value of the military in the Comprehensive Plan,
October 13, 2009
II
- 24-
CITY COUNCIL COMMENTS
ITEM # 59266
Councilman Davis distributed two proposed Resolutions with accompanying Agenda Requests re the
Clerk of Circuit Court. These Resolutions would be SCHEDULED for the City Council Session of
October 27, 2009:
Resolution Supplementing the 2010 Community Legislative Agenda By Adding a
Proposal for Legislation Regarding Conversion of the Virginia Beach Clerk of Circuit
Court's Office to a City Agency.
A Resolution Directing the City Manager and the City Attorney to investigate ways for
the City to Capture Fee Revenue Generated by the Clerk of the Circuit Court,
Mayor Sessoms advised he contacted Delegate Purkey, Chairman of Finance, to determine his support.
Delegate Purkey concurred with the suggestion.
ITEM # 59267
Mayor Sessoms expressed appreciation to Council Members Harry Diezel and Glenn Davis. Councilman
Diezel has agreed to serve as Chair of the Mayor's Committee on Employee Pensions. Councilman Davis
will serve as Vice Chair. There will also be several other members serving that represent both the
employees, as well as the community:
Kenny Pravitz
Hank Kim
Anthony Jernigan
Jim Flinchum
Tom Langley
Mayor Sessoms will prepare correspondence re completion of the work and preparation of a report.
ITEM # 59268
Mayor Sessoms referenced the Air Show is this weekend. Saturday, October 17 and 18. 2009. Mayor
Sessoms has been requested to present a Proclamation at 3:00 P,M, Saturday. Mayor Sessoms will be
present Sunday, but unable to attend Saturday. Councilman Dyer will represent the Mayor and present
the Proclamation.
October 13, 2009
II
- 25 -
AGE N DA REV IE W S E S S ION
ITEM # 59269
3:39 P.M.
Councilman Davis suggested CZO amendments re the definition of adult bookstores.
5. Resolution to REFER to the Planning Commission an Ordinance to AMEND
SIll of the City Zoning Ordinance (CZO) re the definition of adult bookstores
The Adult Toy Shop opened in a strip mall at the intersection of Lynnhaven and Holland on or about
April 2009. The City's Zoning Ordinance prohibits "adult bookstores" from locating within 500 feet of
any single-or multiple-family dwelling or a school, but the Ordinance provides that in order to be
classified as an "adult bookstore ", the retail establishment must (1) devote at least 25% of its stock for
sale or rent to magazines, films, videos or paraphernalia that relates to specific sexual activities or
specific anatomical areas; (2) devote 25% or more of its display area to such products; or, (3) receive in
anyone-month period 25% or more of its gross income from the sale or rental of such materials. The
Adult Shop went out of business and is no longer located in the strip mall, but the Zoning Ordinance,
unless amended would allow a similar business to locate near residences and schools. The Amendment of
the City Zoning Ordinance could prevent such a reoccurrence. It lowers the benchmark of 25% to 20% of
the store's stock/display area/sales.
ITEM # 59270
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
I ORDINANCES/RESOLUTIONS
1. Ordinance to A UTHORIZE the City Manager to execute a Deed conveying the
Lynnhaven Middle School site to the School Board.
2. Ordinance to AUTHORIZE the City Manager to ACCEPT the dedication of a
parcel of land near Kings Grant Elementary at 586 North Lynnhaven Road.
DISTRICT 5 - LYNNHA VEN
3, Ordinance re the ASSIGNMENT of the Sublease for the First Tee at the
Virginia Beach National Golf Course from Hampton Roads Junior Golf
Foundation to the YMCA of South Hampton Roads.
4, Resolution re an AGREEMENT between the City and the Hampton Roads
Center for Civic Engagement (HRCCE) to provide a Transportation Dialogue
program to complete the public input process.
5. Resolution to REFER to the Planning Commission an Ordinance to AMEND
SIll of the City Zoning Ordinance (CZO) re the definition of adult bookstores.
6. Ordinance to A UTHORIZE a temporary encroachment into a portion of City-
owned right-of-way for SAMUEL W. ZIMMER to remove an existing block
paver wall and a portion of an existing brick walk to construct and maintain a
cobblestone curb and modifY an existing cobblestone planter at 53-1f2 Street and
5303 Ocean Front Avenue,
DISTRICT 5 - LYNNHA VEN (Deferred September 22, 2009)
October 13, 2009
I II II
- 26 -
AGE N DA REV I E W S E S S ION
ITEM # 59270 (Continued)
7, Ordinance to ESTABLISH the FEMA Administrative Cost Grant, a subgroup of
the Emergency FEMA Fund, TRANSFER $99,852 and $184,157 from the
Federal Emergency Management Agency (FEMA) deployment grants re the
Virginia Task Force 2 Urban Search and Rescue Team.
8. Ordinance to APPROPRIATE $93,430 to the Police Department's FY2009-10
Operating Budgetfrom the fund balance of the DEA Seized Property Special
Revenue Fund re purchase of equipment.
9. Ordinance to A CCEPT and APPROPRIA TE from the Department of Criminal
Justice Services (DCJS) $20,847 additional funding to the Commonwealth
Attorney's Office FY 2009-10 Operating Budget re the Victim Witness Program
10. Ordinance to APPROPRIATE $9, 940from thefund balance of the Proffer
Impact Fund to refund overpayment of open space proffer fees to The Victoria
Park Residential Development.
October 13, 2009
[i
- 27-
AGE N DA REV IE W S E S S ION
ITEM # 59271
BY CONSENSUS, thefollowing items shall compose the PLANNING BY CONSENT AGENDA:
J. PLANNING
1. Application of SANDLER A T BRENNEMAN FARM, L.L. C. for an
Amendment to PD-H2 Land Use Plan at Brenneman Farm (Nichols Park at
Lexington) to convert 76 three (3)-story carriage-style homes to 76 two (2)-story
townhomes at Nichols Ridge Road, Willow Croft Drive and Totteridge Lane.
ISTRICT 2 - KEMPSVILLE
2. Application of HEBRON CORNERSTONE CHURCH INTERNATIONAL/CS
COMMERCIAL PROPERTIES, LLC,for a Conditional Use Permit re a
church renovation at 5565 Virginia Beach Boulevard.
DISTRICT 2 - KEMPSVILLE 3
3. Application of ATLANTIC MARINE CONSTRUCTION, INC.for a
Conditional Use Permit re a bulk storage yard at 3465 Chandler Creek Road.
DISTRICT 3 - ROSE HALL
4. Application of BOB and DEBRA BURTON for a Conditional Use Permit re a
residential kennel at 1425 Drum Point Road.
DISTRICT 7 - PRINCESS ANNE
5. Application of HAMPTON ROADS YOUTH and COMMUNITY ADVISORY
COUNCIL/PINEY GROVE BAPTIST CHURCH for Modification of
Conditions (approved by City Council on April 11, 1988) to add portable
classrooms at 2804 Holland Road.
DISTRICT 7 - PRINCESS ANNE
October 13, 2009
II
- 28 -
ITEM # 59272
Mavor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.2-371l(A), Code of Virginia, as amended,for the following purpose:
PERSONNEL MATTERS: Discussion, consideration oj, 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
Evaluation of Council Appointees
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition, or of the disposition of publicly-held property, where
discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body pursuant to Section
2.2-3711 (A)(3).
Acquisition/Disposition of City Property: Rose Hall Districtt
Lynnhaven 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)
Adoption Friendly Animal Care and Control Facility PPEA
Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council voted to proceed
into CLOSED SESSION at 3:35 P.M.
October 13, 2009
II
Voting: 11-0
- 29-
ITEM # 59272 (Continued)
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
(Break:
(Closed Session:
(Appointees:
(Dinner:
3:37 P.M. - 3:45 P.M.)
3:45 P.M. - 4:40 P.M.)
4:40 P.M. - 5:35 P.M.)
5:35 P.M. - 5:55 P.M.)
October 13, 2009
I II
II
- 30 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
October 13,2009
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, October 13, 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 L. Wood
Council Members Absent:
None
INVOCA TION: Reverend Karl Sexton
Pastor
Gateway Freewill Baptist Church
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 "Ac!'), 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 Financial') purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a
"personal interest" in Fulton Financial, However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge, In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 1 0, 2007, is hereby made a part of the
record.
October 13, 2009
! II
II
- 31 -
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict, If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential
Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the
volume of transactions it handles in any given year, Prudential has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge, In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
October 13, 2009
[I
- 32 -
Item V-E.
CERTIFICA TION
ITEM # 59273
Upon motion by Councilman Wilson, seconded by Councilman Dyer, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
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
October 13, 2009
I II II
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 #59272, Page 29, and in accordance with the provisions of The Virginia
Freedom of Information Act, and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law,
NOlif, THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that,
to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
th Hodges Fraser, MMC
City Clerk
October 13, 2009
I II
II
- 33 -
Item V-F.]
ITEM # 59274
Upon motion by Councilman Diezel, seconded by Councilman Davis. City Council APPROVED the
MINUTES of the FORMAL SESSION of September 22,2009
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
October J 3, 2009
- 34 -
Item V-G.J.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 59275
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
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
October 13, 2009
I II II
- 35 -
Item V-I.
ORDINANCES/RESOLUTIONS
ITEM # 59276
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE
MOTION Items 1,2,3,4,5,6,7,8,9 and 10 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
October 13, 2009
[I
- 36 -
Item V-I.1.
ORDINANCES/RESOLUTIONS
ITEM # 59277
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to A UTHORIZE the City Manager to execute a Deed
conveying the Lynnhaven Middle School site to the School Board
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
October 13, 2009
II
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A DEED CONVEYING THE
3 CITY'S INTEREST IN THE L YNNHAVEN MIDDLE
4 SCHOOL SITE TO THE SCHOOL BOARD
5
6 WHEREAS, based upon a title examination performed on the Lynnhaven Middle
7 School site located at 1250 Bayne Drive (GPIN: 2408-35-7034) (the "School Site"), it
8 was determined that the School Site is owned by the City of Virginia Beach;
9
10 WHEREAS, Virginia Code 922.1-125 requires that title to all school property be
11 vested in the School Board absent an agreement between the School Board and the
12 City to the contrary; and
13
14 WHEREAS, it is appropriate that title to the School Site be transferred from the
15 City to the School Board.
16
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19
20 That the City Manager is hereby authorized to execute a deed conveying to the
21 School Board of the City of Virginia Beach, Virginia, the Lynnhaven Middle School site.
22
23 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day
24 of October , 2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~~~~
City Attorney's Office
CA-11208
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October 13, 2009
II
- 37 -
Item V-1.2.
ORDINANCES/RESOLUTIONS
ITEM # 59278
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AUTHORIZE the City Manager to ACCEPT the
dedication of a parcel of land near Kings Grant Elementary School at
586 North Lynnhaven Road.
DISTRICT 5 - LYNNHA VEN
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
October 13, 2009
[I
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO ACCEPT ON BEHALF OF THE CITY
3 THE DEDICATION OF 12,348 SQ. FT. OF LAND
4 NEAR KINGS GRANT ELEMENTARY FROM THE
5 SCHOOL BOARD OF THE CITY (L YNNHA VEN
6 BOROUGH)
7
8 WHEREAS, the City of Virginia Beach owns the Lynnhaven Athletic Complex site
9 (GPIN 1487-99-8119, formerly 1487-99-7303);
10
11 WHEREAS, the School Board of the City of Virginia Beach owns the Kings Grant
12 Elementary School site (GPIN 1487-89-8764, formerly 1487-89-8645);
13
14 WHEREAS, a driveway consisting of 12,348 square feet (the "Encroachment
15 Area") leading to the Lynnhaven Athletic Complex site currently encroaches on the
16 Kings Grant Elementary School site;
17
18 WHEREAS, the School Board of the City of Virginia Beach has decided to
19 dedicate the Encroachment Area to the City of Virginia Beach to effectively eliminate the
20 encroachment; and
21
22 WHEREAS, the City of Virginia Beach agrees to accept the dedication of the
23 Encroachment Area from the School Board of the City of Virginia Beach.
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
28 That the City Manager is hereby authorized to execute a deed on behalf of the
29 City of Virginia Beach accepting from the School Board of the City of Virginia Beach the
30 dedication of 12,348 square feet of land as more particularly described on Exhibit A
31 attached hereto and made a part of this Ordinance.
32
33 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day
34 of October , 2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
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October 13, 2009
II
EXHIBIT A
ALL THAT certain lot, piece or parcel of land, together with the
improvements thereon, situate, lying and being in the City of
Virginia Beach, Virginia designated and described as "AREA TO
BE CONVEYED TO THE CITY OF VIRGINIA BEACH 12,348
SQ. FT. OR 0.28348 Ac. (INCLUDED WITHIN AREA OF
PARK SITE C)", as shown on that certain plat entitled
"RESUBDIVISION OF LANDS OF THE CITY OF VIRGINIA
BEACH (INST. #20070803001054950) (M.B. 40 PG. 55) AND
SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH (D.B.
658 PG. 17)(M.B. 51 PG. 20) CITY OF VIRGINIA BEACH",
Scale 1" = 1 00', dated April 21, 2009 and revised through May 26,
2009, prepared by Department of Public Works/Engineering
Division/Survey Bureau, City of Virginia Beach, Virginia, which
plat will be duly recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia.
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II
- 38 -
Item V-I. 3.
ORDINANCES/RESOLUTIONS
ITEM # 59279
Upon motion by Vice Mayor Jones. seconded by Councilman Dyer, City Council ADOPTED:
Ordinance re the ASSIGNMENT of the Sublease for the First Tee at the
Virginia Beach National Golf Course from Hampton Roads Junior Golf
Foundation to the YMCA of South Hampton Roads.
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
October 13, 2009
II
1 AN ORDINANCE TO APPROVE THE ASSIGNMENT
2 OF THE SUBLEASE FOR THE FIRST TEE AT
3 VIRGINIA BEACH NATIONAL GOLF COURSE FROM
4 HAMPTON ROADS JUNIOR GOLF FOUNDATION TO
5 YMCA OF SOUTH HAMPTON ROADS
6
7 WHEREAS, the Virginia Beach National Golf Course ("VBN") is owned by the
8 City of Virginia Beach (the "City") and leased to the Virginia Beach Development
9 Authority ("VBDA");
10
11 WHEREAS, VBDA subleased VBN to the Tournament Players Club of Virginia
12 Beach, L.L.C. ("TPC") and TPC then sub-subleased a portion of VBN (the "Foundation
13 Sublease") to Hampton Roads Junior Golf Foundation (the "Foundation") for the
14 construction and operation of the First Tee of Hampton Roads (the "First Tee");
15
16 WHEREAS, in addition to the Foundation Sublease, the City and VBDA are
1 7 parties to a Memorandum of Understanding with the Foundation setting forth the terms
18 and conditions for the construction and operation of the First Tee (the "MOU");
19
2 0 WHEREAS, in 2005, the City, VBDA, the Foundation and TPC entered into a
21 modification of the MOU where VBDA joined TPC as a sub-landlord under the
22 Foundation Sublease. In 2007, the sublease from VBDA to TPC was terminated,
23 leaving VBDA and the Foundation as the sole remaining parties to the Foundation
24 Sublease;
25
26 WHEREAS, the Foundation has requested that the City and VBDA consent to
27 the Foundation's assignment of all of its rights under the sub-sublease and MOU to the
28 YMCA of South Hampton Roads (the "YMCA"); and
29
30 WHEREAS, the VBDA approved the assignment of the Foundation's rights under
31 the Foundation Sublease to the YMCA at the VBDA's August 18, 2009 meeting.
32
33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
34 VIRGINIA BEACH, VIRGINIA:
35
36 1. The Council of the City of Virginia hereby approves the assignment of the
37 interest of Hampton Roads Junior Golf Foundation, a Virginia non-profit corporation (the
38 "Foundation") in (i) that certain Sub-Sublease between the City of Virginia Beach
39 Development Authority ("VB DA") , the City of Virginia Beach (the "City"), and the
40 Foundation, and (ii) that certain Memorandum of Understanding between the City,
41 VBDA and the Foundation dated as of May 16, 2000, and modified as of August 18,
42 2005, to the YMCA of South Hampton Roads.
43
II
44 2. That the City Manager or his designee is hereby authorized to execute all
45 documents necessary or appropriate in connection with the said assignment, so long as
46 such documents are acceptable to the City Manager and in a form deemed satisfactory
47 by the City Attorney.
48
49 Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day
50 of October ,2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~~
Economic Development
City Attorney's Office
CA11201
\\vbgov.com\dfs 1 lapplications\citylawprod\cycom3 2\ WpdocsID031 IP003\00023 589 .DOC
R-1
October 1, 2009
II
- 39 -
Item V-IA.
ORDINANCES/RESOLUTIONS
ITEM # 59280
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution re an AGREEMENT between the City and the Hampton
Roads Center for Civic Engagement (HRCCE) to provide a
Transportation Dialogue program to complete the public input process
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
October 13, 2009
II
1 A RESOLUTION APPROVING AN AGREEMENT
2 BE1WEEN THE CITY AND THE HAMPTON ROADS
3 CENTER FOR CIVIC ENGAGEMENT TO PROVIDE A
4 TRANSPORTATION DIALOGUE PROGRAM
5
6 WHEREAS, the City Council has identified transportation as a top priority for the
7 near future; and
8
9 WHEREAS, the Hampton Roads Center for Civic Engagement (HRCCE) is a
10 local, non-profit organization dedicated to improving the communication processes
11 between citizens, local governments, and other stakeholders; and
12
13 WHEREAS, it is important that the transportation dialogue with the City's citizens
14 be as open and objective as possible; and
15
16 WHEREAS, the HRCCE has worked with staff to outline a process to conduct a
17 yearlong community discussion and public input process to address all aspects of
18 transportation facing the City; and
19
20 WHEREAS, the City desires to use the HRCCE to create opportunities for
21 citizens to seriously discuss transportation options and priorities for the City's future.
22
23 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
24 VIRGINIA:
25
26 That the City Council hereby approves of the City entering into an agreement
27 with the HRCCE to provide a yearlong program designed to enhance the public input
28 process on the topic of transportation.
29
30 BE IT FURTHER RESOLVED that $50,653 is hereby transferred from CIP #9-
31 260, Economic and Tourism Development Partnerships and $12,347 is hereby
32 transferred from the Reserve for Contingencies to the FY 2009-10 Non-Departmental
33 Operating Budget to provide funding to the HRCCE for the purpose of completing the
34 public input process on the topic of transportation.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 2tl1ay of
October , 2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
:p~~
1)cvW)Q ~~
Management Services
CA11294
R-2
October 2,2009
II
- 40-
Item V-I.5.
ORDINANCES/RESOLUTIONS
ITEM # 59281
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution to REFER to the Planning Commission an Ordinance to
AMEND JIll of the City Zoning Ordinance (CZO) re the definition of
adult bookstores.
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
October 13, 2009
I
1 A RESOLUTION REFERRING TO THE PLANNING
2 COMMISSION AN ORDINANCE TO AMEND
3 SECTION 111 OF THE CITY ZONING ORDINANCE
4 PERTAINING TO THE DEFINITION OF ADULT
5 BOOKSTORES
6
7 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9
10 That the above-entitled ordinance, a copy of which is attached, is hereby referred
11 to the Planning Commission for its consideration and recommendation.
12
13 Adopted by the City Council of the City of Virginia Beach, Virginia, this 13th
14 day of October , 2009.
APPROVED AS TO LEGAL SUFFICIENCY:
~~
City Attorney's Office ~
CA11296
R-1
October 6, 2009
[I
REQUESTED BY COUNCILMEMBER DAVIS
1 AN ORDINANCE TO AMEND CITY ZONING
2 ORDINANCE SECTION 111 PERTAINING TO THE
3 DEFINITION OF ADULT BOOKSTORES
4
5 Section Amended: City Zoning Ordinance 9111
6
7
8 WHEREAS, the public necessity, convenience, general welfare and good zoning
9 practice so require;
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 That Section 111 of the City Zoning Ordinance is hereby amended to read as
15 follows:
16
17 Sec. 111. Definitions.
18
19 For the purpose of this ordinance, words used in the present tense shall include
20 the future; words used in the singular number include the plural and the plural the
21 singular; the use of any gender shall be applicable to all genders; the word "shall" is
22 mandatory; the word "may" is permissive; the word "land" includes only the area
23 described as being above mean sea level; and the word "person" includes an individual,
24 a partnership, association, or corporation.
25
26 In addition, the following terms shall be defined as herein indicated:
27
28
29
30 Adult bookstore. An "adult bookstore" is: An establishment that either (a) has
31 twenty-#ve (2-a 20) percent or more of its stock for sale or rent on the premises, or has
32 twenty-#ve (2-a 20) percent or more of its stock on display either in plain view or in an
33 enclosed or partitioned area, in books, magazines, periodicals, drawings, sculptures,
34 devices, paraphernalia, motion pictures, films, video taJ3es recordinqs or photographs
35 which are distinguished or characterized by their emphasis on matter depicting,
36 describing or relating to "specified sexual activities or specified anatomical areas" as
37 defined herein; or (b) devotes twenty-#ve (2-a 20) percent or more of its display area or
38 floor space, excluding aisles and storage areas, to the sale or display of such materials;
39 or (c) receives in anyone-month period twenty-#ve (2a 20) percent or more of its gross
40 income from the sale or rental of such materials; or (d) has on the premises one (1) or
41 more mechanical or more mechanical or electronic devices for viewing such materials~
42 or (e) sells product featurinq "specified sexual activities or specified anatomical areas"
43 and prohibits access by minors, because of aqe, to any area of the premises that is
44 open to customers, and advertises itself as offering "adult" or "xxx" or "x-rated" or
[I
45 "erotic" or "sexual" or "pornoqraphic" material on siqnaqe visible from a public riqht-of-
46 way.
47
48 (a) Specified anatomical areas:
49 (1) Less than completely and opaquely covered:
50 (i) Human genitals, pubic region, buttock; and
51 (ii) Female breast below a point immediately above the top of the
52 areola.
53 (2) Human male genitals in a discernibly turgid state, even if completely
54 and opaquely covered.
55
56 (b) Specified sexual activities:
57 (1) Human genitals in a state of sexual stimulation or arousal.
58 (2) Acts of human masturbation, sadomasochistic abuse, sexual
59 penetration with an inanimate object, sexual intercourse or sodomy.
60 (3) Fondling or other erotic touching or human genitals, pubic region,
61 buttock or female breast.
62
63
64
of
Adopted by the City Council of the City of Virginia Beach on the
,2009.
APPROVED AS TO LEGAL SUFFICIENCY:
-;e ~ :f---
City Attorney's Office
CA11288
R-2
October 6,2009
2
day
II
- 41 -
Item V-I. 6.
ORDINANCES/RESOLUTIONS
ITEM # 59282
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AUTHORIZE a temporary encroachment into a portion of
City-owned right-ofway for SAMUEL W. ZIMMER to remove an
existing block paver wall and a portion of an existing brick walk to
construct and maintain a cobblestone curb and modify an existing
cobblestone planter at 53-~ Street and 5303 Ocean Front Avenue.
DISTRICT 5 - LYNNHA VEN (Deferred September 22, 2009)
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.
3. Nothing herein 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.
4. The Temporary Encroachment terminates upon notice by the City to the Applicant and
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.
5. The Applicant 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.
6. Nothing herein contained shall be construed to enlarge the permission and authority to
permit the maintenance or construction of any encroachment other than that specified
herein, and to the limited extent specified herein, nor to permit the maintenance and
construction of any encroachment by anyone other than the Applicant.
7. The Applicant agrees to maintain the Temporary Encroachment so as not to become
unsightly or a hazard.
October 13, 2009
II
- 42-
Item V-I.6.
ORDINANCES/RESOLUTIONS
ITEM # 59282 (Continued)
8. The Applicant must submit and have approved a traffic control plan before commencing
work in the Encroachment Area.
9. The Applicant agrees that no open cut of the public roadway will be allowed, except
under extreme circumstances. Requests for exceptions must be submitted to the Highway
Operations Division, Department of Public Works, for final approval.
10. The Applicant must obtain a permit from the Department of Planning prior to
commencing any construction within the Encroachment Area.
II. Prior to issuance of a right-ofway/utility easement permit, the Applicant must post a
bond or other security. in the amount of two times their engineer's cost estimate, to the
Department of Planning to guard against damage to City property or facilities during
construction.
12. The Applicant must obtain and keep in force all-risk property insurance and general
liability or such insurance as is deemed necessary by the City and all insurance policies
must name the City as additional named insured or loss payee, as applicable. The
Applicant also agrees to carry comprehensive general liability insurance in an amount
not less than $500,000.00, combined single limits of such insurance policy or policies.
The Applicant will provide endorsements providing at least thirty (30) days written notice
to the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Applicant assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location and/or existence of the Temporary
Encroachment.
13. The Temporary Encroachment must conform to the minimum setback requirements as
established by the City.
14. The Applicant must submit for review and approval a survey of the Encroachment Area
certified by a registered professional engineer or a licensed land surveyor and/or "as
built" plans of the Temporary Encroachment sealed by a registered professional
engineer, if required by either the City Engineer's Office or the Engineering Division of
the Department of Public Utilities.
15. 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. If such removal shall not be made within the time ordered hereinabove by this
Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100,00)
per day for each and every day that the Temporary Encroachment is allowed to continue
thereafter and may collect such compensation and penalties in any manner provided by
law for the collection of local or state taxes.
October 13, 2009
[I
- 43 -
Item V-I 6.
ORDINANCES/RESOLUTIONS
ITEM # 59282 (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
October 13, 2009
[I
1 Requested by Department ot Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO PORTIONS OF CITY RIGHTS-
6 OF-WAY KNOWN AS 53% STREET
7 AND OCEAN FRONT AVENUE FOR
8 SAMUEL W. ZIMMER
9
10 WHEREAS, SAMUEL W. ZIMMER desires to remove an existing block paver
11 wall and a portion ot an existing brick walk that currently encroaches approximately 3'
12 into the right-ot-way ot 53% Street, and in its place to construct and maintain a 6"
13 cobblestone curb, approximately 2' into the 53% Street right-ot-way, with an asphalt
14 pavement expansion, and to modity an existing cobblestone planter located in the
15 rights-ot-way ot 53% Street and Ocean Front Avenue, and to maintain existing pavers
16 in the Ocean Front Avenue right-ot-way, located adjacent to his property at 5303 Ocean
17 Front Avenue, Virginia Beach, Virginia.
18
19 WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107,
20 Code ot Virginia, 1950, as amended, to authorize temporary encroachments upon the
21 City's right-ot-way subject to such terms and conditions as Council may prescribe.
22
23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25 That pursuant to the authority and to the extent thereot contained in SS 15.2-
26 2009 and 15.2-2107, Code ot Virginia, 1950, as amended, SAMUEL W. ZIMMER, his
27 heirs, assigns and successors in title are authorized to construct and maintain
28 temporary encroachments tor a 6" cobblestone curb, approximately 2' into the 53%
29 Street right-ot-way, with asphalt pavement expansion, and to modity an existing
30 cobblestone planter located in the rights-ot-way ot 53% Street and Ocean Front Avenue,
31 and to maintain existing pavers in the Ocean Front Avenue right-ot-way, all as shown on
32 the map marked Exhibit "A", consisting ot three (3) sheets and entitled:
33 "ENCROACHMENT AGREEMENT EXHIBIT ZIMMER RESIDENCE GPIN 2418-89-
34 6893-5303 CONDOMINIUM PLAT 53RD AND OCEAN FRONT CONDOMINIUM BEING
35 LOT 13, BLOCK 3, UBERMEER (M.B. 7, P. 150) VIRGINIA BEACH, VIRGINIA," a copy
36 ot which is on tile in the Department ot Public Works and to which reterence is made tor
37 a more particular description; and
38
39 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
40 subject to those terms, conditions and criteria contained in the Agreement between the
41 City ot Virginia Beach and SAMUEL W. ZIMMER (the "Agreement"), which is attached
42 hereto and incorporated by reterence; and
43
44 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
45 is hereby authorized to execute the Agreement; and
46
II
47
48
49
50
51
52
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
time as SAMUEL W. ZIMMER and the City Manager or his authorized designee execute
the Agreement.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day
of October ,2009.
CA-11007
X:IOIDlREAL ESTATEIEncroachmentslPW OrdinanceslCA11007 Zimmer Ordiance.doc
V:lapplicationslcityiawprodlcycom32lWpdocslD012lP005100015623.DOC
R-1
PREPARED: 6/23/09
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
'~ rJ (QJ
/> ,,' i!' '- ..... ~_,~
PUBLIC WORKS, REAL ESTATE
rf\Jp ~}m1
Nell L. Ford,
Special Council for the City Attorney
II
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811 (C) (4)
THIS AGREEMENT, made this \'iS~ day of _~\JS 1-- ,2009, by
and between the CITY OF VIRGINIA BEACH, VI RGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and SAMUEL W. ZIMMER, HIS HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain condominium
unit known, designated, and described as "Unit B" in 53rd and Ocean Front
Condominium, together with an undivided interest in the common elements appertaining
to such unit, with such unit being shown on that certain plat entitled: "CONDOMINIUM
PLAT 53RD AND OCEAN FRONT CONDOMINIUM BEING LOT 13, BLOCK 3
UBERMEER M.B. 7 P. 150 LYNNHAVEN BOROUGH VIRGINIA BEACH, VA SCALE
l' = 10' 18 MARCH 1987 REV. 11 MAY 1987" and said plat is recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 194, at
page 54, and being further designated, known, and described as 5303 Ocean Front
Avenue, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain a 6"
cobblestone wall with asphalt pavement expansion, to modify an existing cobblestone
planter, and to maintain existing block pavers, collectively, the "Temporary
Encroachment", in the City of Virginia Beach;
GPIN: (CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED)
2418-89-6893-5303
II
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into portions of the existing
City rights of way known as 53 Y2 Street and Ocean Front Avenue, the "Encroachment
Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee a nd 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, consisting of three (3) sheets
entitled: "ENCROACHMENT AGREEMENT EXHIBIT
ZIMMER RESIDENCE GPIN 2418-89-6893-5303
CONDOMINIUM PLAT 53RD AND OCEAN FRONT
CONDOMINIUM BEING LOT 13, BLOCK 3, UBERMEER
(M.B. 7, P. 150) VIRGINIA BEACH, VIRGINIA" copies of
which are attached hereto collectively 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.
2
II
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upo n notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend a n action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must
submit and have approved a traffic control plan before commencing work in the
Encroachment Area.
It is further expressly understood and agreed that the Grantee agrees that
no open cut of the public roadway will be allowed except under extreme circumstances.
3
II
Requests for exceptions must be submitted to the Highway Operations Division,
Department of Public Works, for final approval.
It is further expressly understood a nd agreed that the Grantee must obtain
a permit from the Department of Planning prior to commencing any construction within
the Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a
right of way/utility easement permit, the Grantee must post a bond or other security, in
the amount of two times their engineer's cost estimate, to the Department of Planning to
guard against damage to City property or facilities during construction.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setbacks requirements, as established by
the City.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
4
II
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
by either the City Engineer's Office or the Engi neering Division of the Department of
Public Utilities.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such com pensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, SAMUEL W. ZIMMER, the said Grantee, has
caused this Agreement to be executed by his signature. Further, that the City of
Virginia Beach has caused this Agreement to be executed in its name and on its behalf
by its City Manager and its seal be hereunto affixed and attested by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
II
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
II
~.&~
SAMUEL W, ZIMMER
STATE OF VIRGINIA
CITY/('OU~JTl' OF ~\n\A.. 'f.>~Kh , to-wit:
The foregoing instrument was acknowledged before me this ~ day of
~\JCyYs\-- , 2009, by SAMUEL W. ZIMMER.
~~:..~ (SEAL)
Notary ublic
Notary Registration Number: 2- '1 bq, \. \--
My Commission Expires: C \ 1.g \ 1.0 \ \
~
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~<tR~.~0~
rill
· '~}l/UL
Nell L. Ford,
Special Counsel for the City Attorney
P Lo ReA) E~tCil
DEPARTMENT
X'IProJocts'Encror.uoan Imme,. Samuel & Pamela. GESlAg"",men! Encroachmenldoe
7
II
LOT-7
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file: 208-0309_Ex .dwg tech: WJW
proj, no. 208-0309
scale: \ drawing title:
1-. 20' DEMOLITION PLAN
project: ENCROACHMENT AGREEMENT EXHIBIT EXHIBIT "A"
ZIMMER RESIDENCE
GPIN. 2418-69-6893-5303
CONDOMINIUM PLAT 53rd AND OCEAN FRONT CONDOMI~IUM
BEING LOT 13, BLOCK 3 UBERMEER (M.B. 7, P. 150)
VIRGINIA BEACH, VIRGINIA
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242 Mustang Trail, Suite 8
Virginia Beach, VA 23452
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II
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project: ENCROACHMENT AGREEMENT EXHIBIT EXHIBIT "A"
ZIMMER RESIDENCE
GPIN. 2418-89-6893-5303
CONDOMINIUM PLAT 53rd AND OCEAN FRONT CONDOMINIUM
BEING LOT 13, BLOCK 3 UBERMEER (M.B. 7. P. 150)
VIRGINIA BEACH, VIRGINIA
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Land Surveyors wplsite.com
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242 Mustang Trail. Suite 8
Virginia Beach, VA 23452
scale: I drawing title:
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ZIMMER RESIDENCE
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CONDOMINIUM PLAT 53rd AND OCEAN FRONT CONDOMINIUM
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VIRGINIA BEACH, VIRGINIA
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Virginia Beach, VA 23452
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] 10 54th Street
Virginia Beach, Virginia 23451
October 7, 2008
Mr. James C. Lawson
Department of Real Estate
Building 2, Room 392
Municipal Center
Virginia Beach, V A. 23456
Re: Sam & Pam Zimmer Wall at 53 1/2 S1. & Oceanfront Ave.
Dear Mr. Lawson:
I understand that the Zimmers have applied to the City for a Variance
for a six inch wall on the alley (or 53 Y2 Street) side of their home at
5303 Oceanfront Ave.
Please be advised that the Zimmers are fine neighbors who maintain
their property quite nicely . We use the alley extensively in connection
with our home at 110 54th Street and are quite familiar with locale of
the proposed wall. We have no objection to the wall or the proposed
Variance and hope you will give it favorable consideration.
Let us know if you have any questions or we can help in any way.
;-.
Sincerely,
~~:'r~~~f
II
Oct.2, 2008
Mr. James C. Lawson
Dept. of Real Estate
Building 2, Room 392
Municipal Center
Va. Beach, VA 23456
Re: Zimmer request for variance at 5303 Oceanfront Ave.
Dear Mr. Lawson,
Pam and Sam Zimmer, who are neighbors of ours, have taken time to share
their revised plans to reduce the current stone wall in the alleyway next to
their home on 5303 Oceanfront Ave. We understand that the current
structure will be reduced by approximately 1.5 ft. ( towards their outside
shower) to the south and asphalted to that new line. We also understand that
they will reduce the current wall to be 6 inches above the level of the
alleyway,
We are in full suppOli of their revised plan, since we think the new structure
will definitely be an enhancement to the alleyway. The Zimmers are
meticulous caretakers of their property and this change will not only
improve the overall appearance of their home, but the alley itself.
We would hope that you would act favorably on their request.
Sincerely,. rl ~
;1IlkftA{,fi(A./ dU~l~<- j), t./L~/rJ
~'I
David G. Suzanne D. Wilson
109 53nl Street
Va. Beach, Va. 23451
II
qo;J
J. B. CAMPBELL, Ltd.
1000 WEST FRANKLIN STREET
RICHMOND, VA 23220
October 2, 2008
Mr. James C. Lawson
Dept. of Real Estate
Building 2, Room 392
Municipal Center
Virginia Beach, V A 23456
Re: 5303 Oceanfront Drive, Mr. & Mrs. Sam Zimmer
My wife and I support the request for the 2 foot variance on the unimproved portion of
the alley at 53rd Y2 St.
Our home is attached to the Zimmer's home by a breezeway and they have done nothing
but improve their property since they moved in. The landscaping and general overall
appearance has been maintained at a high level.
The alley has been cleaned up and even made easier for vehicles to enter and exit the
alley from Oceanfront Drive as a result of their work.
We respectfully ask that you support such efforts that improve our neighborhood.
Thank you for your consideration.
Sincerely,
et--.. .../~ <0( c~J Gc // // t7
c/\~ /~~/~~C~
i . . B. & Lois Campbell
107 53rd St.
Virginia Beach
Phone 804.355.7095
Fax 804.355.1906
email: jbclimited@aol.com
II
y~t
James C. Lawson
Department of Real Estate
Building 2, Room 392
Municipal Center
Va. Beach, VA. 23456
October 14, 2008
Dear Mr. Lawson,
As the former owner of 5303 Oceanfront Ave., and the current next-
door neighbor of the property, I would like to take a moment of your
time to express my feelings on the controversy surrounding the wall
that Sam and Pam Zimmer have had constructed on the alleyway.
When I owned 5303 Oceanfront Ave. (1988-2000), the area in
question was a wooden pier style walkway with a planter at the corner
of the alley and Oceanfront Ave. The stonewall that the Zimmer's
have constructed is in the exact location as the old walkway. The wall
is far more appealing to the neighborhood and adds a great look to the
alleyway. Please give them all the leeway you can to maintain the
current beauty of the stonewall they have built. The Zimmer's have
worked hard on this property, and it is a great example of what a
property on Oceanfront Ave. should look like. The are very conscious
of what good looks add to the value of our block.
(/'-'Tna
<~
-"~
'"
~
Robert G. Whitten
( Bobby)
106 54th street
Virginia Beach VA 23451
757 491 4617
II
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- 44-
Item V-I. 7.
ORDINANCES/RESOLUTIONS
ITEM # 59283
Upon motion by Vice Mayor Jones. seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to ESTABLISH the FEMA Administrative Cost Grant, a
subgroup of the Emergency FEMA Fund, TRANSFER $99,852 and
$184.157 from the Federal Emergency Management Agency (FEMA)
deployment grants re the Virginia Task Force 2 Urban Search and
Rescue Team.
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
October 13, 2009
II
1 AN ORDINANCE TO TRANSFER FUNDS RELATED
2 TO THE VIRGINIA TASK FORCE 2 URBAN SEARCH
3 AND RESCUE TEAM
4
5 WHEREAS, the Federal Emergency Management Agency (FEMA) has
6 previously provided in excess of $284,008 for administrative costs incurred by the
7 Virginia Task Force 2 Urban Search and Rescue Team (VA-TF2) for various
8 deployments, as well as costs incurred by the Fire Department's Operating Budget
9 related to deployments,
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA THAT:
13
14 1. The "FEMA Administrative Cost Grant," a subgroup of the Emergency FEMA
15 Fund is hereby created; and
16
17 2. $99,852 is hereby transferred from the following FEMA deployment grants as
18 per Attachment 1, Hurricane Dennis, Hurricane Katrina, Hurricane Ophelia,
19 Hurricane Rita, Hurricane Katrina(2), Hurricane Wilma, Hurricanes Charlie, Frances,
20 Ivan and Jean, Louisiana SARS, Hurricane Ernesto, Hurricane Dolly, Hurricane
21 Gustav, Hurricane Ike, Hurricane Omar, Presidential Inauguration 2009, and Fargo
22 Floods - North Dakota to the FEMA Administrative Cost Grant; and
23
24 3. $184,157 is hereby transferred from the following FEMA deployment grants as
25 per Attachment 1, Puerto Rico, Hurricane Dennis, Hurricane Katrina, Hurricane
26 Ophelia, Hurricane Rita, Hurricane Katrina(2), Hurricanes Charlie, Frances, Ivan and
27 Jean, Hurricane Ernesto, Hurricane Dolly, Hurricane Gustav, Hurricane Ike,
28 Hurricane Omar, and Presidential Inauguration 2009 to the FY 2009-10 Operating
29 Budget of the Fire Department.
Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day
of October ,2009.
Approved as to Content:
BQA;JQ.
Management Services
Approved as to Legal
Sufficiency:
D~h----
City orney's Office
CA11293
R-3
September 30,2009
II
Attachment 1 :
Funds for Distribution from Previous FEMA Deployment Grants
Fire Department
(General Fund)
Repayment of
Previous Administrative Cost
Deployment Costs Reimbursed to
Event Year & Name Incurred V A- TF2 USAR* Total
1999
Puerto Rico $ 1,565.91 $ 1,565.91
2005
Hurricane Dennis 8,177.87 4,964.96 13,142.83
Hurricane Katrina 43,520.52 26,045.81 69,566.33
Hurricane Ophelia 12,039.35 2,140.08 14,179.43
Hurricane Rita 11,538.17 4,874.82 16,412.99
Hurricane Katrina(2) 3,793.43 5,580.60 9,374.03
Hurricane Wilma 6,255.71 6,255.71
Hurricanes Charlie, Frances, Ivan, and 6,419.36 25,689.79 32,109.15
Jean
2006
Louisiana SARS 1.00 772.24 773.24
Hurricane Ernesto 17,718.94 (741.77) 16,977.17
2008
Hurricane Dolly 1,056.07 148.50 1,204.57
Hurricane Gustav 34,739.22 7,309.05 42,048.27
Hurricane Ike 28,462.63 14,524.25 42,986.88
Hurricane Omar 12,679.93 1,591.67 14,271.60
2009
Presidential Inauguration 2009 2,444.58 506.59 2,951.17
Fargo Floods - North Dakota 189.65 189.65
Total $ 184,156.98 $ 99,851.95 $ 284,008.93
*VA-TF2 USAR is the Virginia Task Force 2, Urban Search and Rescue Team
C:\Documents and Settings\dharmeye\Local Settings\Temporary Internet Files\Content.Outlook\4X90PVDC\FEMA Administrative Cost Summary
9/30/2009 for CouncillO-13-09.xlsx Page 1 of 1
[I
- 45 -
Item V-L8.
ORDINANCES/RESOLUTIONS
ITEM # 59284
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to APPROPRIATE $93,430 to the Police Department's
FY2009-10 Operating Budget from the fund balance of the DEA Seized
Property Special Revenue Fund re purchase of equipment.
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
October 13, 2009
II
1 AN ORDINANCE TO APPROPRIATE DEA SHARED
2 ASSET FUNDS TO THE FY 2009-10 OPERATING
3 BUDGET OF THE POLICE DEPARTMENT
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA:
6 That $93,430 is hereby appropriated from fund balance of the DEA Seized
7 Property Special Revenue Fund to the FY 2009-10 Operating Budget of the Police
8 Department for the purchase of equipment.
9
Adopted by the Council of the City of Virginia Beach, Virginia on the 13th
day of October ,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:
J)(Y\~)~.~
Management Services
n.};,L --
City P<. torney's Office
CA11292
R-2
September 28,2009
II
- 46-
Item V-I. 9.
ORDINANCES/RESOLUTIONS
ITEM # 59285
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE from the Department of
Criminal Justice Services (DCJS) $20,847 additional funding to the
Commonwealth Attorney's Office FY 2009-10 Operating Budget re the
Victim Witness Program
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
October 13, 2009
II
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS TO THE FY 2009-10 OPERATING BUDGET
3 OF THE COMMONWEALTH'S A TIORNEY OFFICE
4 FOR THE VICTIM WITNESS PROGRAM
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That $20,847 is hereby accepted and appropriated from the Commonwealth of
10 Virginia's Department of Criminal Justice Services to the FY 2009-10 Operating Budget
11 of the Commonwealth Attorney to provide additional funding for the Victim Witness
12 Program.
13
14 Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day
15 of October , 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:
Management Services
/)~.?
! . ~~-
City Ato ney's Office
--
-H0WQ~v
CA11295
R-2
September 30,2009
I
- 47-
Item V-I.I0.
ORDINANCES/RESOLUTIONS
ITEM # 59286
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer. City Council ADOPTED:
Ordinance to APPROPRIATE $9,940 from the fund balance of the
Proffer Impact Fund to refund overpayment of open space proffer fees to
The Victoria Park Residential Development.
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
October 13, 2009
II
1 AN ORDINANCE TO APPROPRIATE FUNDS FROM
2 THE FUND BALANCE OF THE PROFFER IMPACT
3 FUND TO REFUND OVERPAYMENT OF PROFFER
4 FEES
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That $9,940 is hereby appropriated from the fund balance of the Proffer Impact
10 Fund for redistribution to customers who overpaid Victoria Park residential development
11 open space proffer fees.
12
13 Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day
14 of October ,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:
(L\r, ~"\
p~
Management Services
r;) r7~ /
Y /~~?__
City AU ey's Office
CA11291
R-2
September 23,2009
II
- 48 -
J. PLANNING ITEM # 59287
1. SANDLER A T BRENNEMAN FARM, L.L. C. AMENDMENT TO PD-H2
LAND USE PLAN
2. HEBRON CORNERSTONE CHURCH CONDITIONAL USE PERMIT
INTERNATIONAL/CS COMMERCIAL
PROPERTIES, LLC
3. A TLANTIC MARINE CONSTRUCTION, INC.
CONDITIONAL USE PERMIT
4. BOB AND DEBRA BURTON
CONDITIONAL USE PERMIT
5. HAMPTON ROADS YOUTH AND COMMUNITY
ADVISORY COUNCIL/PINEY GROVE BAPTIST
CHURCH
CONDITIONAL USE PERMIT
October 13, 2009
- 49-
Item V-J.
PLANNING
ITEM # 59288
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE
MOT/ON Items 1, 2,3,4 and 5 of 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
October 13, 2009
II
- 50 -
Item V-J.l.
PLANNING
ITEM # 59289
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of SANDLER A T BRENNEMAN FARM, L.L. C. for an Amendment to P D-
H2 Land Use Plan at Brenneman Farm (Nichols Park at Lexington) to convert 76 three (3)-story
carriage-style homes to 76 two (2)-story townhomes at Nichols Ridge Road, Willow Croft Drive and
Totteridge Lane.
ORDINANCE UPON APPLICATION OF SANDLER AT BRENNEMAN
FARM, L.L.C, FOR AN AMENDMENT TO PD-H2 LAND USE PLAN,
BRENNEMAN FARM (NICHOLS PARK AT LEXINGTON), NORTH
SIDE OF NICHOLS RIDGE ROAD BETWEEN WILLOW CROFT
DRIVE AND TOTTERIDGE LANE.
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of SANDLER A T BRENNEMAN FARM,
L.L.C, for an Amendment to PD-H2 Land Use Plan. Brenneman Farm
(Nichols Park at Lexington), north side of Nichols Ridge Road between
Willow Croft Drive and Totteridge Lane (GPIN#: 14767154810000)
DISTRICT 2 - KEMPSVILLE
The following condition 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 Thirteenth of October 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
October 13, 2009
II
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-7555
TO:
FROM:
Mark D. Stile~
B. Kay Wilson
DATE: September 25, 2009
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Sandler At Brenneman Farm, L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on October 13, 2009. I have reviewed the subject proffer agreement, dated
June 29,2009 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
II
AGREEMENT
THIS AGREEMENT is made June 29, 2009, by and between SANDLER AT
BRENNEMAN FARM. L.L.C., a Virginia limited liability company (hereinafter referred to as
"Grantor"), and CITY OF VIRGINIA BEACH. a municipal corporation of the Commonwealth
of Virginia (hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, to modify a portion of the
Brenneman Fann Land Use Plan previously adopted by the City Council of the City of Virginia
Beach, Virginia (the "Land Use Plan"); and
WHEREAS, Grantor's property contains a total of 13.69 acres, more or less, is located in
the Kempsville Election District of the City of Virginia Beach, Virginia, and is more particularly
described in the attached Exhibit A (the "Property"); and
WHEREAS, the Property is a portion of the property shown and described as
"PROPOSED PD-H2 CONDOMINIUM C 17.8 +/- AC" on the exhibit titled "Proposed Zoning
Plan," dated July 18, 2003, as contained in the four part, multi-page document entitled
Brenneman Fann Development Manual dated July 18,2003, which publication was exhibited to
and adopted as part of the Land Use Plan by the City Council (the "Manual"); and
WHEREAS, the Grantor desires to amend the Land Use Plan so that a portion of the
Property may be developed for two-story, attached dwelling units, instead of carriage houses, as
proposed in the Land Use Plan and the Manual; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed use purposes, through zoning and other land development
legislation; and
GPIN: 1476-71-5481
Prepared By:
Faggert It Frieden, P.C.
222 Central Park Avenue, Suite 1300
Virginia Beach, VA 23462
II
WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible
uses conflict, and that in order to permit differing uses on and in the area of the subject 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 not generally applicable to land similarly zoned, are needed to cope with the
situation to which the Grantors' rezoning application gives rise; and
WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing A-12 and PD-H2 zoning
districts by the 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 new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantors 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 s':lbsequent 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 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 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
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; and
2
II
WHEREAS, certain covenants and restrictions governing the Property were adopted by
the City Council of the City of Virginia Beach on July 24, 2003, as part of the Land Use Plan,
which covenants and restrictions have been recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia (the "Clerk's Office") as Instrument Number
200310290176399, and amended by that certain Agreement dated January 1, 2007, recorded in
the Clerk's Office as Instrument Number 20070501000590430 (as amended, the "Existing
Proffers"); and
WHEREAS, Grantor desires to modify certain of the Existing Proffers related to that
portion of the Property to be developed as two-story, atta~hed dwelling units, without affecting or
changing the Existing Proffers with respect to the remainder of the Property;
NOW THEREFORE, the Grantors, for themselves, their successors, 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 of quid pro quo
for zoning, rezoning, site plan, building pennit 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 these Proffers
shall constitute covenants running with the said Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantors, their heirs,
personal representatives, assigns, grantees and other successors in interest or title, namely:
1. The Land Use Plan shall be modified and revised, so that the portion of the
Property shown and described as "Area Proposed for 2 Story Attached Units" on Sheets 1 and 2
of the conceptual site plan of Lexington (the "Lexington Townhouse Section"), which has been
exhibited to the City Council and is on file with the Planning Department, may be developed for
two-story attached dwelling units, instead of carriage homes, as originally shown and depicted in
the Land Use Plan and the Manual.
3
II
2. The total number of two-story attached dwelling units constructed within the
Lexington Townhouse Section shall not exceed seventy six (76) units.
3. All dwelling units constructed within the Lexington Townhouse Section shall be
constructed using designs and building materials in substantial conformity with those depicted on
the rendering shown on Sheet 3 of the conceptual site plan exhibited to the City Council and is
on file with the Planning Department.
4. Except as provided in this Agreement or on the conceptual site plan, the
Lexington Townhouse Section shall be developed in accordance with the criteria set forth in
Section 603, 605 and 606 of the Virginia Beach Zoning Ordinance in effect on the date this
application is approved.
5. The required building setbacks for the two-story dwelling units constructed within
the Lexington Townhouse Section shall be as follows:
a.
b.
Front yard setback, from face of curb/private street
Side yard setback, adjacent to a private street from face of curb
for end units only
Minimum distance between end units of buildings
Rear yard setback from exterior property line or private street
Minimum distance between buildings rear to rear
Lot coverage building footprint
Maximum building height
20'
c.
d.
e.
f.
g.
10'
12'
10'
20'
45%
40'
6. A minimum of two (2) off street parking spaces shall be provided for each unit.
Garage parking shall be utilized to meet parking requirements.
7. The private street width shall be twenty-six feet (26') from face of curb to face of
curb. The private alley width shall be twelve feet (12') from edge of asphalt to edge of asphalt.
8. The Property shall follow the design criteria set forth below:
a. The maximum number of units attached per building shall be six (6).
b. Units shall be constructed on raised slab with brick skirt on the front elevation.
c. At a minimum, beaded vinyl siding will be provided on all units.
4
II
d. The following shall be allowed to encroach into required setbacks a maximum
distance of two feet (2 '): fireplaces; bay windows; steps; decks which do not
exceed eighteen inches (18") in height, excluding railings; patios; and HV AC
equipment.
e. Fences on the two story townhomes fronting on Totteridge Lane and Willow Croft
Drive shall not be permitted.
Further conditions may be required by the Grantee during detailed Site Plan and/or
subdivision review and administration of applicable City Codes by all cognizant City agencies
and departments to meet all applicable City Code requirements.
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.
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 legal 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, the Grantors shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map 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 of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee.
5
II
[Remainder of Page Intentionally Left Blank]
6
II
IN WITNESS WHEREOF, the foregoing Agreement is executed as of the date first
written above.
GRANTOR:
SANDLER AT BRENNEMAN FARM, L.L.C.,
a Virginia limited liability company
By: .;/ ...--z--
ame:NQ.~~",~ (\~~'^<..c~
Its: ~ 'Ii\G G, ~ 0(
-J
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The forell.oin,$ inslrwll..enl '!'l\" acknowledged before m~ this C(~y of Se~\""'\'l'(,
2009 f\Aby ~~\~\\) . \ "'::)e.\,'\5>o., , In hls/her capa Ity as
~ ~v~t'_.f on behalf of Sandler at Brenneman Fann, L.L.C., a
Virginia limited lia . 'ty company.
My Commission Expires: 0 / - ~ \ - \ C)
~Ujl~~4
N Public
7
II
EXHIBIT A
ALL THAT certain parcel of land, situate, lying and being in the City of Virginia Beach, Virginia
shown on Plat of Phase 12, Nichols Park at Lexington, a
condominium, as recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia as Instrument Number 20090317000274790 and being
identified as Additional Land and bounded on the North by Totteridge Lane, on the east
by Phase 5, on the south by an alley and on the west by Nichols Ridge Road;
And
ALL THAT certain parcel ofland, situate, lying and being in the City of Virginia Beach, Virginia
shown on Plat of Phase 12, Nichols Park at Lexington, a
condominium, as recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia as Instrument Number 20090317000274790 and being
identified as Additional Land and bounded on the North by an alley, on the east by Phase
6, on the south by Willow Croft Drive and on the west by Nichols Ridge Road.
8
I
- 51 -
Item V-J.2.
PLANNING
ITEM # 59290
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application HEBRON CORNERSTONE CHURCH INTERNA TIONAL/CS
COMMERCIAL PROPERTIES, LLC, for a Conditional Use Permit re a church renovation at 5565
Virginia Beach Boulevard.
ORDINANCE UPON APPLICATION HEBRON CORNERSTONE
CHURCH INTERNATIONALlCS COMMERCIAL PROPERTIES, LLC,
FOR A CONDITIONAL USE PERMIT RE A CHURCH RENOVATION
AT 5565 VIRGINIA BEACH BOULEVARD R0100935374
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application HEBRON CORNERSTONE CHURCH
INTERNATIONALlCS COMMERCIAL PROPERTIES, LLC, for a
Conditional Use Permit re a church renovation at 5565 Virginia Beach
Boulevard. (GPIN#: 14673820460000)
DISTRICT 2 - KEMPSVILLE
The following conditions shall be required:
1. Where deficient, streetscape landscaping along Virginia Beach Boulevard and interior
parking lot landscaping within the existing parking lot and islands shall be installed as
described in the Landscaping Guide, City of Virginia Beach, December 2002, Details of said
landscaping shall be depicted on a site plan and submitted to the Development Services
Center for review and approval and shall be installed prior to issuance of final occupancy.
2. All outdoor lighting shall be shielded to direct light and glare onto the premises; said
lighting and glare shall be deflected, shaded and focused away from adjoining property. Any
outdoor lighting fixtures shall not be erected any higher than 14 feet,
3. A Certificate of Occupancy shall be obtainedfrom the Building Official's Office prior to
operation of a church on this site.
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 Thirteenth of October Two
Thousand Nine
October 13, 2009
II
- 52 -
Item V-J.2.
PLANNING ITEM # 59290 (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
October 13, 2009
['
- 53 -
Item V-J.3.
PLANNING
ITEM # 59291
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application ATLANTIC MARINE CONSTRUCTION, INC for a Conditional Use
Permit re a bulk storage yard at 3465 Chandler Creek Road
ORDINANCE UPON APPLICATION ATLANTIC MARINE
CONSTRUCTION, INC FOR A CONDITIONAL USE PERMIT RE A
BULK STORAGE YARD AT 3465 CHANDLER CREEK ROAD.
R0100935375
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application ATLANTIC MARINE CONSTRUCTION,
INC for a Conditional Use Permit re a bulk storage yard at 3465
Chandler Creek Road (GPIN: #14859344980000)
DISTRICT 3 - ROSE HALL
The following conditions shall be required:
1. Bulk storage of construction vehicles, materials and equipment related to the marine
business shall be limited to the area defined on the submitted improvements and layout plan
entitled "Lot #6 Rosemont Commerce Park", page 6 of 15, prepared by WPL Civil
Engineers. Land Surveyors, Planners and Landscape Architects, dated April 27, 2005. Said
plan has been exhibited to the City of Virginia Beach City Council and is onfile in the
Planning Department.
2. The applicant shall installforty (40) evergreen shrubs along the perimeter of the fence. The
shrubs shall be three feet (3') in height at time of planting, spaced five feet (5') on center, in
a five-foot (5 ') planting bed
3. The applicant shall install two feet (2') of wooden lattice along the top of the existing six-
foot (6') fence. The proposed lattice shall be attached inside the fence on the portion facing
into the storage area.
4. The applicant shall paint the storage container an earth tone color (cream, sand, beige, tan)
so that it blends with the fence.
5. The applicant shall work with the Police Department CPTED office (MPO Jeff Eaton) to
insure that the lighting on the site is unobtrusive to the adjacent neighbors and meet the
applicant's security issues.
6. The applicant shall contact the Fire Department for an inspection of any hazardous
materials on site. The applicant shall provide evidence of the inspection to the Planning
Staff.
7. The applicant shall accomplish Conditions 2 through 6 within sixty (60)-days of City
Council approval.
October 13, 2009
I
- 54 -
Item V-J.3.
PLANNING
ITEM # 59291 (Continued)
8, All dump trucks, trailers and oversized vehicles shall be parked within the bulk storage area
when not in use.
9, The gates to the bulk storage area shall be closed at all times except when personnel are
loading or off-loading equipment and materials.
10. Hours of operation in and around the bulk storage area are limited to 7: 00 AM to 6: 00 PM
Monday through Friday,
11. There shall be no stacking of containers on the site,
This Ordinance shall be effective in accordance with Section 107 (f) of the City's Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth of October 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
October 13, 2009
II
- 55 -
Item V-lA.
PLANNING
ITEM # 59292
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of BOB and DEBRA BURTON for a Conditional Use Permit re a
residential kennel at 1425 Drum Point Road.
ORDINANCE UPON APPLICATION OF BOB AND DEBRA BURTON
FOR A CONDITIONAL USE PERMIT RE A RESIDENT/AL KENNEL
AT 1425 DRUM POINT ROAD. R0100935376
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of BOB and DEBRA BURTON for a
Conditional Use Permit re a residential kennel at 1425 Drum Point
Road. (GPIN #: 24109433650000; 24109404830000 DISTRICT 7 -
PRINCESS ANNE
The following conditions shall be required:
1. The applicant shall provide the Zoning Administrator evidence that the dogs are properly
immunized and licensed with the City of Virginia Beach within thirty (3)0 days of City
Council approval.
2, No more than fifteen (15) adult dogs [over six (6) months of age] shall be kept on the
property at any time.
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 Thirteenth of October 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
October 13, 2009
- 56 -
Item V-J.5
PLANNING
ITEM # 59293
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon Application of HAMPTON ROADS YOUTH and COMMUNITY ADVISORY
COUNCIL/PINEY GROVE BAPTIST CHURCH for Modification of Conditions (approved by City
Council on April 11, 1988) to add portable classrooms at 2804 Holland Road:
ORDINANCE UPON APPLICATION OF HAMPTON ROADS YOUTH
AND COMMUNITY ADVISORY COUNCIL/PINEY GROVE
BAPTIST CHURCH FOR MODIFICATION OF CONDITIONS
[APPROVED BY CITY COUNCIL ON APRIL 11, 1988) TO ADD
PORTABLE CLASSROOMS AT 2804 HOLLAND ROAD
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of HAMPTON ROADS YOUTH and
COMMUNITY ADVISORY COUNCIL/PINEY GROVE BAPTIST
CHURCH for Modification of Conditions (approved by City Council on
April 11, 1988) to add portable classrooms at 2804 Holland Road.
(GP IN # 1494590830)
DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. All conditions attached to the Conditional Use Permit granted by the City Council on
April 11, 1988, remain in effect.
2. The following conditions shall be added to the Conditional Use Permit granted by City
Council on April 11, 1988:
a. The portable structure shall be located on the site in substantial accordance with
the marked-up site plan entitled "Physical Survey of Parcel of Land at 2408
Holland Road, Subdivision of Property for Emanuel Gould Estate and Piney
Grove Baptist Church" prepared by Dennis J Gerwitz, PC, and dated December
4, 2007, A copy of this site plan has been exhibited to the City Council and is on
file in the Planning Department.
b. The portable structure shall complement the exterior colors of the existing
church and shall be substantially in conformance with the submitted photographs
of the portable structure. Copies of the photographs have been exhibited to the
City Council and are onfile in the Planning Department.
c. The portable structure shall have skirting around the entire base of each building
to screen the under-carriage of the unit,
October 13, 2009
I
- 57 -
Item V-J. 5
PLANNING
ITEM # 59293 (Continued)
d.
The perimeter of the portable building shall be screened with evergreen shrubs, a
minimum of twenty-four inches (24 ") in height, at the time of planting.
e.
The applicant shall obtain all necessary permits and inspections from the
Department of Planning, Permits and Inspections Division. A Certificate of
Occupancy shall be obtained before occupancy of the structure.
f
The portable structure shall not be occupied from 4: 30 PM to 7: 30 AM
g.
The portable structure is approved for a period of five (5)years from the date of
this Conditional Use Permit approval.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth of October 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 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
October 13, 2009
I
- 58 -
Item V.K. 1.
APPOINTMENTS
ITEM # 59294
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
George A. Alcaraz
Cheryl Avery-Hargrove
5 year terms
January 1,2010 - December 31,2014
BOARD OF ZONING APPEALS
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
October 13, 2009
I
- 59 -
Item V.K.2.
APPOINTMENTS
ITEM # 59295
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
F. Dudley Fulton
3 year term
January 1, 2010 to December 31,2012
CHESAPEAKE BA Y PRESERVATION AREA 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
October 13, 2009
- 60-
Item V.K.3.
APPOINTMENTS
ITEM # 59296
Upon NOMINA TION by Vice Mayor Jones, City Council APPOINTED:
Joyce Williams
Unexpired term thru March 31, 2010 plus 3 years
April 1, 20l0-March 31, 2013
HEALTH SERVICES 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
October 13, 2009
- 61 -
Item v.P.
ADJOURNMENT
ITEM # 592974
Mayor William D. Sessoms, Jr, DECLARED the City Council Meeting ADJOURNED at 6:07 P.M.
.' '7) !2 ~
_~_J~____ __~L~~'!~/W/
Beverly 0. Hooks, 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 6:08 P.M.
October 13, 2009
II
- 62-
PUBLIC COMMENT
Three (3) speakers were registered, but did not appear:
Leslie Stukey, 295 Sugar Maple Drive, Phone: 301-6885
The following speakers called and advised they were delayed. The speakers wished to speak re taxi code
enforcement:
Lynne Johnston, Phone 718-8294
Darrell Johnston, Phone: 428-8294
Mayor Sessoms advised the City Clerk to schedule time for the speakers to meet with Mayor Sessoms and
the City Manager re their concern.
October 13, 2009
II
- 61 -
Item v.P.
ADJOURNMENT
ITEM # 59297
Mayor William D. Sessoms. Jr. DECLARED the City Council Meeting ADJOURNED at 6:07 P.M.
~~~ /J Yr,,/4/
~-iI~':ks~~~-;;~---
Chief Deputy City Clerk
w~k-v
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 6:08 P.M.
October 13, 2009