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NOVEMBER 9, 2010 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WlI,L/AM D. SF,SSOMS, JR., At-Large VlCE MAYOR LOUlS R. JONES, Bayside - Distrrct 4 RITA SWF.ET BE!!,/7T0, A~-Large GLENN R. DAVIS, llnse Ha!! - Dislrict 3 W/LL/AM R. DeSTL'PH, At-Large HARRY E. D/F.Z&L. KempsviUe - Distric! 2 XOBF.R7'M. DYZR, Centerville - District / H.~RBARA M. HENI.EY, Princess Anne - District 7 JOHN E. UHRlN, Bcach - District 6 ROSEMARY WILSON, AI-Large JAMF.S L. WOOD, I.ynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITYATTORNEY- MARK D. S71LES CITY ASSESSOR - JERALD BANAGAN C!7'Y AUDlTOR - l. YNDON S REMIAS CITY CLF.RK - RU'%H HODGES FRASER, MMC II. III. IV CITY COUNCIL AGENDA 9 November 2010 CITY MANAGER'S BRIEFING - Conference Room - 1. COUNCIL POLICY ON CHANGE OF USE FOR MOBILE HOME PARKS Andrew Friedman - Director, Housing and Neighborhood Preservation CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS 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 5:00 PM 5:30 PM C/TYHALL BU/LD/NG 240/ COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757J 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Evelyn G. Keener Chaplain and Director of Pastoral Care CHKD 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 October 26, 2010 G. FORMAL SESSION AGENDA H. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) establish the following projects: a. Highway Safety Improvement b. Congestion Mitigation and Air Quality Improvement 2. Ordinances to AUTHORIZE reimbursement to City employees for legal fees and expenses incurred in their Counsel's successful defense of misdemeanor charges arising out of the discharge of official duties: a. $1,000.00 Convention and Visitors Bureau b. $1,083.60 Convention and Visitors Bureau 3. Ordinance to ACCEPT and APPROPRIATE $10,122,000 from the Virginia Department of Transportation (VDOT), the Federal Highway Administration (FHWA) and the Congestion Mitigation and Air Quality Improvement Program (CMAP) for pedestrian and traffic safety at various locations and a Federal Earmark for Lesner Bridge replacement PLANNING Application of MARK COOKE for a Nonconformin~ Use re conversion of a garage apartment with a single family dwelling at 6102 Oceanfront Avenue (DISTRICT 5- LYNNHAVEN) RECOMMENDATION 2. Application of PONTIAC ARMS APARTMENTS, INC. for Modification of Conditions (approved March 10, 2009) to allow the parking lot as an outdoor artist's gallery at 2016 Arctic Avenue (DISTRICT 6 - BEACH) RECOMMENDATION 3. Application of WELLINGTON FARM, LLC/DAVID and TAUNIA REED for Modification of Conditions 3 and 4 to remove reference to fund raising at 3125 Hungarian Road (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION 4. Applications of COMMONWEALTH VIRGINIA BEACH, L.L.C. at 445 Kings Grant Road (DISTRICT 5 - LYNNHAVEN): a. Chan~e of Zonin~ from B-2 Community Business District to Conditional O-2 Office District at 445 Kings Grant Road b. Conditional Use Permit re a facility for the disabled (Sanatorium) RECOMMENDATION 5. Application of INTEGRATED LIVING COMMUNITIES OF VIRGINIA BEACH, LLC A/K/A KINGS GRANT HOUSE for Modification of Conditions, (approved March 14, 1988) re an addition and to expand the parking lot (to be shared with the church) at 440 North Lynnhaven Road. (DISTRICT 5- LYNNHAVEN). RECOMMENDATION 6. Application SAINT AIDAN'S EPISCOPAL CHURCH for Modification of Conditions (approved April 13, 1999) re a shared parking lot at 3201 Edinburgh Drive (DISTRICT 5- LYNNHAVEN) RECOMMENDATION 7. Application of CITY OF VIRGINIA BEACH, to AMEND Section 111 and Section 301 of the City Zoning Ordinance (CZO), to define "Environmental Education Center" and allow the use as a Conditional Use in the P-1 Preservation District and ADD a new Section 233.1.1, to establish Standards Of Use. K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY POLICY and MANAGEMENT TEAM - CSA COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PENDLETON CHILD SERVICES MANAGEMENT BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION WETLANDS 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 **~***~~*~*~******~*~*~***~**~**** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *~*~~~~~*~* CITY COUNCIL RETREAT 8:30 AM - 5:00 PM FRIDAY and SATURDAY January 21-22, 2011 CONFERENCE ROOM Suite 1000 222 Central Park Avenue TOWN CENTER " CITY COUNCIL / SCHOOL BOARD = : "FIVE YEAR FORECAST" _ Building No. 19 TUESDAY, NOVEMBER 16, 2010 -1- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 9, 2010 Mayor William D. Sessoms, Jr., called to order the City Manager's Briefing to hear the COUNCIL POLICY ON "CHANGE OF USE" FOR MOBILE HOME PARKS in the Ciry Council Conference Room, Tuesday, November 9, 2010, at 5: 00 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Vice Mayor Louis R. Jones [On Family VacationJ November 9, 2010 -2- CITY MANAGER `S BRIEFING CO UNCIL POLICY ON CHANGE OF USE FOR MOBILE HOME PARKS S: 00 P.M. ITEM # 60392 Mavor Sessoms CONGRATULATED all the Incumbents re-elected to City Council. Andrew Friedman, Director - Housing and Neighborhood Preservation, presented information re Council Policy on the the Changed Use for Mobile Horrze Parks, based on work of the Economic i~itality Strategic Issue Team with key assistance from Cynthia Whitbred-Spanoulis - Economic Development Outline • Information about Mobile Homes and Mobile Home Parks • Issues to consider • Proposed Policy to address the issues • Council Discussion and Direction Basics • 1,400 (approximately) households reside in Mobile Homes located in ten (10) Mobile Home Parks, in Virginia Beach. • Five (S) of these are in Strategic Growth Areas, where plans call for an eventual change of use • Residents of these Parks rent the Mobile Home sites; when the land use is changed, they must relocate November 9, 2010 -3- CITY MANAGER `S BRIEFING COUNCIL POLICY ON CHANGE OF USE FOR MOBILE HOME PARKS ITEM # 60392 (Continued) Mobile Home Parks in Strategic Growth Areas Aragona B-3 4873 0.77 Court Cleveland St. Bonney A-12 5000 eonney 4.21 View Rd Colonial q_12 1241 Baker ~6.59 Run Rd Colony A-12 913 VB 33.41 Bivd Countyview A-12 Euclid @ 58.74 Southem Blvd. TOTAL 104.37 9 No No Pembroke 28 No No Pembroke 138 No No BuRon - Station' ' 266 Yes - No Resort mostly Area 70db+, some 75+ 473 No No Pembroke 914 Mobile Home Parks Outside Strategic Growth Areas Derby Run A-12 1231 Run 44.93 2~9 Yes - alf Yf;s-small No 75db+ portion in APZ-1 Murphy's B-2 913 VB 11.33 99 Yes - all Yes - All No Blvd 75db+ eitherAPZ- 1 or 2 Oconee A-12 340 7.75 67 Yes - all No No Tomahawk 75db+ Trail Providence A-12 1100 S. 25(b) 10 No No No (a) Mlitary Hwy TOTAL ~•5~ 455 (a) Providence MH park is almost entirely in Chesapeake November 9, 2010 -4- CITY MANAGER `S BRIEFING COUNCIL POLICY ON CHANGE OF USE FOR MOBILE HOME PARKS ITEM # 60392 (Continued) Colonial Run Mobile Home Park Pembroke (SGA) Strategic Growth Area November 9, 2010 Colonial Run/Burton Station (SGA) Strategic Growth Area -5- CITY MANAGER `S BRIEFING CO UNCIL POLICY ON CHANGE OF IISE FOR MOBILE HOME PARKS ITEM # 60392 (Continued) Bonney View and Countyview I-264 Countyview Mobile Home Park c~id I. Mr. Friedman displayed some street scenes in Countyview Mobile Home Park with examples of some nicely maintained Mobile Ho`rees, as well as others. In the Resort SGA, there are two (2) Mobile Home Parks, (Murphy's or Trailer Ciry, on the northwest corner of Birdneck and Virginia Beach Boulevard). The largest Colony Mobile Horne Park is south of Virginia Beach Boulevard November 9, 2010 Mobile Home Parks -6- CITY MANAGER `S BRIEFING CO UNCIL POLICY ON CHANGE OF USE FOR MOBILE HOME PARKS ITEM # 60392 (Continued) Resort Area (SGA) Strategic Growth Area Colony Mobile Home Park-17t" St. Norfolk Ave. I S> a u t h November 9, 2010 -~- CITY MANAGER `S BRIEFING COUNCIL POLICY ON CHANGE OF USE FOR MOBILE HOME PARKS ITEM # 60392 (Continued) Estimated Per Capita Income Based on .3 mile radius $45,000 $40,000 $35,000 $30,000 $25,000 $20,000 $15,000 $10,000 $5,000 $0 Change of Use Issues Some Mobile Homes cannot be moved: ^ Income • Many existing homes are not in condition to be moved • Others do not meet current standards to be placed in existing parks • Owners lose their entire investment in the Mobile Home if it cannot be moved. Change of Use Issues If moving is possible: • The cost of relocating a Mobile Home may exceed $5,000 - a sum many households may not have • No new Mobile Home Parks are being created in Virginia Beach • At least three (3) have been eliminated in the last decade • Therefore, relocation may require moving out of Virginia Beach and away from friends, schools and jobs Mobile Homes versus Apartments • Mobile Home monthly lot rent costs are generally under $500. • Two-bedroom fair market rent is $965 in Virginia Beach • Apartments often have no outside storage, no pet policies, totally different living environment • Apartments often require move-in deposit equal to three months rent, or $2, 700. November 9, 2010 Colony Countyview Bonney Colonial Run Virginia View Beach -8- CITY MANAGER `S BRIEFING COUNCIL POLICY ON CHANGE OF USE FOR MOBILE HOME PARKS ITEM # 60392 (Continued) Summary • Some cannot move and will.face loss of investment, moving into an apartment and having to pay the rent differential, plus the cost of the security deposit • Some can move and may face $S,D00 moving costs • Some will not be able to move or to afford or obtain an apartment and may become homeless Policy Considerations • Acknowledge potential hardships • Provide a framework to discuss them with owners/[levelopers • Do not establish requirements that would infrircge on property rights • Be prepared and organized Proposed Policy Owners/developers planning a change of use should: • Provide time to people to accumulate funds, develop options, adjust (Virginia Code section SS- 248.46. re: termination of tenancy requires 180 day notice if the termination is by reason of change of use) • Provide on~oinQ information and Liaison about what is occurring and avoid rumors, panic, etc • Consider ways to reduce financial hardship through rent forgiveness, incentives for moving, grants • Overall - reduce the hardship, address issues in an organized manner Advantages of a Policy • A policy asks owners to present to City Council their plans for addressing these issues • Adoption of Po[icy provides a frarrcework for Council to discuss issues with developer and to respond to affected residents • Without a Policy, there will be demands and responses and no framework to consider them November 9, 2010 -9- CITY MANAGER `S BRIEFING COUNCIL POLICY ON CHANGE OF USE FOR MOBILE HOME PARKS ITEM # 60392 (Continued) Other Places • Several states and some cities have or had laws and/or trust funds in place that require relocation payments • Maryland adopted such legislation in June 2010 • Chesapeake is developing a proposed policy for Council consideration that is similar to this proposed policy • Proposed redevelopment of Providence Mobile Home Park brought these issues to the forefront there • A sirrcilar policy arnong both cities would avoid creating development advantages Next Steps • Discussion • Direction to the City Manager • Policy can be ready for vote on December 7 A Resolution to adopt a Ciry Council Policy on the Change of Use re Mobile Home Parks shall be SCHEDULED for the City Council Session ofDecember 7, 2010. November 9, 2010 -10- CITY COUNCIL LIAISONREPORTS ITEM # 60393 5:20 P.M. Council Lady Wilson advised meeting last week with members of the Chamber, the IISO and the Navy re an event entitled: " Commemoration of the War of 1812 " Council Lady Wilson distributed a booklet encompassing the details: foster and sustain cooperative relationships with more international partners. Expanded and cooperative relationships with other nations will contribute to the security and stability of the maritime domain for the benefit of all. Utilize the forthcoming War of 1812 Bicentennial as a lever to jumpstart interest in Naval history and heritage. Ground Work and Socializing 1812 National and International Non profit - Partners Partner with OpSail: OpSail has partnered with the USN in the 1964 World's Fair, 1976 Bicentennial, 1986 Liberty 100 and 2000 INR/OPSaiI - The Millennium Celebration greatly enhancing the majesry, public interest and historical context of these events Operation Sail is a national non profit organization dedicated to sail training and promoting goodwill among nations Partner with the International Council of Air Shows (Blue Angles over the Virginia Beach Oceanfront): ICAS has partnered with the Snowbirds and Blue Angels with great success Blue Angels/ Aviation participation will be held in conjunction with New York Ciry, Baltimore, Norfolk/Hampton Roads, Boston, New Orleans and Toronto and the Great Lakes Izegion Partner with the Navy League: To foster and maintain interest in a strong Navy, Marine Corps, Cost Guard and Merchant Marine as integral parts of a sound national defense and vital to the freedom of the United States To educate and train our youth in the customs and traditions of the Navy, the Marine Corps, the Coast Guard and the Merchant Marine through the means of an active and vigorous Naval Sea Cadet Corps Partner with the Naval Historical Foundation: Portray the role of sea power in the development of the United States The Foundation 's principal purpose is to educate Americans about the history and importance of the United States sea power and about the contribution and sacrifices United States Navy men and women have made while protecting our freedom and preserving democracy in peace and war November 9, 2010 -11- CITY COUNCIL LIAISONREPORTS ITEM # 60393 (Continued) These events would tie in with the Patriotic Festival and be a major draw. Council Lady Wilson displayed the Chart on "Page 17" depicting the Sample Schedule of Events. Said information is hereby made a part of the record. The Patriotic Festival could come the same weekend and thus be a major draw. The Governor has advised the Navy they are going to participate with State funds up to $3-MILLION. They need an answer shortly within the next two (Z) weeks, if the City Council will be participating. ITEM # 60394 Council Lady Henley advised the Mayor's Commission on Aging's Senior Showcase is scheduled at the Prtncess Anne Recreation Center, Wednesday, November 10, 2010, 10: 00 A.M. - 2: 00 P.M. ITEM # 60395 Councilman DeSteph advised a local lady, Elizabeth Williams, Senior at Princess Anne High School, was in attendance for the City Council Session.. Today she announced her decision to attend Duke Universiry under a Basketball Scholarship. She was the Number One Draft Pick in the Nation. Elizabeth was the Associated Press 's " i~irginia Player of the Year 2010 ", "Virginia Gatorade Player of the Year - 2010 " and considered to be the "Top Girls' Basketball Recruit in the Graduating Class of 2011 ". Councilman DeSteph distributed a photograph of Elizabeth and her family. Mayor Sessoms and the Ciry Council stated their pride and expressed congratulations. ITEM # 60396 Councilman Wood referenced the 2010 Special Feature Event "All American Butoku Sai ", in celebration of the 45`h Anniversary of DNBK USA (International Martial Arts Organization) held at the Wyndham Hotel. (November 3- 8, 2010.) A gentleman, Takemicni Kuwahara, President of the DNBK Board of Directors, (88 years old) is the most decorated Martial Artist in the World. He performed thirty (30) backward rolls. He is also a retired successful businessman. President Kuwahara presented checks for $1, 000 each to the Virginia Beach Rescue Council, Virginia Beach Fire Department, Volunteer Council and $7, 000. 00 from Hanshi Kuwahara's grant in support of the Cherry Blossom Trees (Cherry Blossom Festival staged November 4, 2010) at Red Wing Park and next year in March at Mount Trashmore. Councilman Wood, represented the Mayor and the Sister Cities Association of Virginia Beach (SCAVB) and presented the $7, 000 check to the Mayor. November 9, 2010 -12- CITY COUNCIL LIAISONREPORTS 5:20 P.M. ITEM # 60397 Council Lady Wilson, represented Mayor Sessoms, at the Endependence Center's Annual Community Recognition Program, November S, 2010, at AMERIGROUP. Council Lady Wilson made Welcoming Remarks to the attendees and accepted the Outstanding City Award for the City of Virginia Beach. Virginia Beach received this award for their work toward a more accessible Ciry for all citizens which contribute to Virginia Beach being recognized as the "most accessible Beach Resort Area" on the East Coast. Virginia Beach has also scheduled ongoing supervisor trainings on hiring and accommodating employees with disabilities. The Ciry's support of Grommet Island Park created a path for all citizens, adults and children for people with or without disabilities. Mayor Sessoms expressed appreciation. ITEM # 60398 Council Lady Henley referenced the City Council Workshop of November 16, 2010, City Council and School Board Briefing: "Five Year Forecast ". Mayor Sessoms advised he believes a Joint Session of City Council and the School Board is being planned for the first of the year. Council Lady Henley requested a copy of the School Board's Second year Budget be provided, as their Budget was a Two year Budget. The City Manager advised copies would be distributed. November 9, 2010 -13- CI T Y CO UNCIL COMMENTS 5:30 P.M. ITEM # 60399 Councilman Davis referenced today's newspaper article (November 9, 2010), concerning the City's electronic agenda. Contrary to the article, the process does not involve the City Council having iPads. $13, 000 would be saved by using the electronic agenda, which does not require any new technology. The Ciry Council is NOT saving $13, 000 to expend it on iPads. ITEM # 60400 Mayor Sessoms advised, at the request of Bill Herzke, he is distributing a copy of the news article entitled: "In Phoeniac, Weekend Users Made Light Rai[ a Success ". Said article is hereby made a part of the record. November 9, 2010 -14- A GENDA RE VIE W SESSION 5:32 P.M. ITEM # 60401 BY CON~4F.NSZJS, the following items shall compose the CONSENT AGENDA: I. ORDINANCES/RESOL UTIONS 1. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) establish the following projects: a. Highway Safety Improvement b. Congestion Mitigation and Air Quality Improvement 2. Ordinances to AUTHORIZE reimbursement to City employees for legal fees and expenses incurred in their Gounsel 's successful defense of misdemeanor charges arising out of~the discharge of official duties: a. $1,000.00 Convention and Visitors Bureau b. ~1,083.60 Convention und Visitors Bureau 3. Ordirrance to ACCEPT and APPROPRIATE $10,122, 000 from the Virginia Department of Transportation (VDOT), the Federal Highway Administration (FHWA) and the Congestion Mitigation and Air Qualiry Improvement Program (CMAP) for pedestrian and traffic safety at various locations and a Federal Earmark for Lesner Bridge replacement November 9, 2010 -15- A GENDA RE VIE W SESSION ITEM # 60402 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: J. PLANNING 1. Application of MARK COOKE for a Nonconforming Use re conversion of a garage apartment with a single family dwelling at 6102 Oceanfront Avenue (DISTRICT S - LYNNHAVEN) 2. Application of PONTIACARMSAPARTMENTS, INC. for Modi tcation o~' Conditions (approved March 10, 2009) to allow the parking lot as an outdoor Artist's Gallery at 2016 Arctic Avenue (DISTRICT 6- BEACH) 3. Application of WELLINGTONFARM, LLC/DAVID and TAUNIA REED for Modi acation of Conditions 3 and 4 to remove reference to fund raising at 3125 Hungarian Road (DISTRICT 7- PRINCESS ANNE) 4. Applications of COMMONWEALTH VIRGINIA BEACH, L.L.C. at 445 Kings Grant Road (DISTRICT S - LYNNHAVEN): a. Change o Zoning from B-2 Community Business District to Conditional O-2 Office District at 445 Kings Grant Road b. Conditional Use Permit re a faciliry for the disabled (Sanatorium) 5. Application of INTEGRATED LIVING COMMUNITIES OF VIRGINIA BEACH, LLC A/K/A KINGS GRANT HOIISE for Modification o~'Conditions, (approved March 14, 1988) re an addition and to expand the parking lot (to be shared with the church) at 440 North Lynnhaven Road. (DISTRICT S- LYNNHAVEN). 6. Application SAINT AIDAN'S EPISCOPAL CHURCH for Modi~cation of Conditions (approved April 13, 1999) re a shared parking lot at 3201 Edinburgh Drive (DISTRICT 5 - LYNNHAVEN) 7. Application of CITY OF i~IRGINIA BEACH, to AMEND Section 111 and Section 301 of the Ciry Zoning Ordinance (CZO), to define "Environmental Education Center" and allow the use as a Conditional Use in the P-1 Preservation District and ADD a new Section 233.1.1, to establish Standards Of Use. Itenz J.1. (Application of MARK COOKE for a Nonconforming Use shall be DEFERRED BY CONSENT, until the Ciry Council Session of November 23, 2010. November 9, 2010 -16- ITEM # 60403 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purposes: PERSONNEL MATTERS.• Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public o~cers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Comrnissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held properry, where discussion in an open meeting would adversely affect the bargaining positiorr or rregotia~ing strateKy qf~the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Beach District Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council voted to proceed irrto CLOSED SESSION at 5:33 P.M. Voting.• 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Harry E. Diezel. Robert M. William D. Sessoms, Jr., John E !.. Wood Davis, William R. "Bill " DeSteph, Dyer, Barbara M. Henley, Mayor Uhrin, Rosemary Wilson and James Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones ~On Family VacationJ ~Closed Session: 5:33 P.M. - 5:40 P.M.J November 9, 2010 -17- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 9, 2010 Mayor William D. Sessoins, Jr. called to order the FORMAL SESSION of the [~IRGINIA BEACH CITY COUNCIL in the Council Chamber, C'iry llall Building, Tuesday, November 9, 2010, at 6: 00 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Ahsent: Vice Mayor Louis R. Jones ~on Family VacationJ INVOCATION: Reverend Evelyn G. Keever Chaplain and Director of Pastoral Care CHKD PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate o~ce 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 naatters 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 impropriery 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 Reulty, which is an affiliate of TowneBurrk. In order to ensure his compliance with both the letter and spirit of' the State and Local Government Conflict of Interests Act (the "Act ), it is his practice to thoroughly review each City Council agenda to ident~ any matters in which he might have an actual or potential corrflict, If, during his review of an agenda, he idenlifies 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 Ciry Clerk to be included in the offciul records of Ciry Council. Mayor Sessoms' letter of March Z4, 2009, is hereby made a part of the record. November 9, 2010 -18- Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting frrm 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 pu~ pose of ident~ing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare und file the appropriate disclosure letter to be recorded in the official records of City Courrcil. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of .Ianuary 27, 2004, is hereby nzade a part of the record. Council Ladv Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent a~liation, 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 ident~ing 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 Ciry Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of January 27, 2004, is hereby made a part of the record. November 9, 2010 - 19- Item V E.l CERTIFICATION ITEM # 60404 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE 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 Se.rsion were heard, discussed or considered by Virginia Beach Ciry Council. Voling.~ 9-0 Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill " DeSteph, Harry E. Diezel. Rohert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Cozrncil Members voting Ncrv: None Council Members Absent.• Glenn R. Davis and Vice Mayor Louis R.7ones November 9, 2010 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 #60403, Page 16, and in accordance with the provisions of The Virginia Freedom of Information Acr, and, WHEREAS: Section Z.Z-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED. That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~ uth Hodges Fraser, MMC City Clerk November 9, 2010 -20- Item V-F. MINUTES ITEM # 60405 Upon rnolion by Council Lady Wilson, seconded bv Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL und FORMAL SESSIONS of October 26, 2010: Vo~ing: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, William R. `Bill " DeSteph, Harry E. Diezel. Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and Vice Mayor Louis R. .Iones November 9, 2010 -21 - Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 60406 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 9, 2010 -22- Item [~ I. ORDINANCES/RESOL UTIONS ITEM # 60407 Upon moti~n by Councilman Dyer, , seconded by Councilman Wood, City Council APPROVED in ONE MOTION Items la/b, 2a16 and 3 of ~the CONSENT AGENDA. Votirrg: 10-0 (By Consent) Council Members Voting Aye: Rita S'weet Bellitto, Glenn R. Davis, Williarrt R"Bill" DeSteph, Harry E. Diezel. Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members ~oting Nay: Nune Cozr~cil Members Ahsent.• Vice Muyor Louis R. Jones [On Family vacationJ November 9, 2010 - 23 - Item V-I.I.a/b OXDINANCES/RESOLUTIONS ITEM # 60408 Upon rnotion by Councilman Dyer, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT.• Resolutions to REQUEST the Virginia Department of Transportation (i~DOT) establish the following projects: u. Highway Safery Improvement h. Congestion Mitigation and Air Quulity Improvement Votin~: 10-0 (By Consent) Council Members VotingAye: R~lu Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel. Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Votirtg Nay: Nor~e Coi~ncil Members Abse~tt: Vice Mayor Louis R. Jones ~On Family UacationJ November 9, 2010 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ESTABLISH HIGHWAY SAFETY IMPROVEMENT 4 PROJECTS 5 6 WHEREAS, in accordance with the Virginia Department of Transportation 7 construction allocation procedures, it is necessary that a request by Council resolution be 8 made in order that the Department program urban highway projects in the City of Virginia 9 Beach; 10 11 NOW THEREFORE BE IT RESOLVED, that the Council of the City of Virginia 12 Beach, Virginia, requests the Virginia Department of Transportation to establish urban 13 highway projects for the improvement of Virginia Beach Boulevard and Mediterranean 14 Avenue; Northampton Boulevard and Pleasure House Road; General Booth Boulevard and 15 Nimmo Parkway; Independence Boulevard and Buckner Boulevard; North Lynnhaven 16 Sidewalk; 22"d Street, 3 locations - Mediterranean, Cypress and Parks; 22"d Street, 2 17 locations - Baltic and Arctic; 21St Street, 3 locations - Mediterranean, Cypress and Parks; 18 21 St Street, 2 locations - Baltic and Arctic; Holland and South Plaza Trail; Providence Road 19 and Lord Dunmore Drive; First Colonial Road and Donna Boulevard; Independence 20 Boulevard Pedestrian Improvements - Green Meadows Drive, South Plaza Trail, and 21 Princess Anne Road; and Newtown Road. The projects will be used for bicycle and 22 pedestrian safety improvements. 23 24 BE IT FURTHER RESOLVED, that the Council of the City of Virginia Beach hereby 25 agrees to pay or provide by "in-kind" resources its share of the total cost for preliminary 26 engineering, right of way, and construction of these projects in accordance with Section 27 33.1-44 of the Code of Virginia, and that, if the City of Virginia Beach subsequently elects 28 to cancel these projects, the City of Virginia Beach hereby agrees to reimburse the Virginia 29 Department of Transportation for the total amount of the costs expended by the 30 Department through the date the Department is notified of such cancellation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of Novc~mh r , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ ~~ ~~ De rtment of Public Wo s Ci or e s ffice APPROVED AS TO CONTENT: `~- ~ Q_ Management Services CA11618/R-1/October 27, 2010 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ESTABLISH CONGESTION MITIGATION AND 4 AIR QUALITY IMPROVEMENT PROJECTS 5 6 WHEREAS, in accordance with the Virginia Department of Transportation 7 construction allocation procedures, it is necessary that a request by Council resolution be 8 made in order that the Department program an urban highway project in the City of Virginia 9 Beach; 10 11 NOW THEREFORE BE IT RESOLVED, that the Council of the City of Virginia 12 Beach, Virginia, requests the Virginia Department of Transportation to establish an urban 13 system highway projects for the improvement of the Rosemont Road and Lynnhaven 14 Parkway Intersection, Citywide Signal Retiming, and the Virginia Beach Bus Shelter 15 Program. These projects will be used for congestion relief and safety improvements. 16 17 BE IT FURTHER RESOLVED, that the Council of the City of Virginia Beach hereby 18 agrees to pay or provide by "in-kind" resources its share of the total cost for preliminary 19 engineering, right of way and construction of this project in accordance with Section 33.1- 20 44 of the Code of Virginia, and that, if the City of Virginia Beach subsequently elects to 21 cancel this project, the City of Virginia Beach hereby agrees to reimburse the Virginia 22 Department of Transportation for the total amount of the costs expended by the 23 Department through the date the Department is notified of such cancellation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of Novemher , 2010. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: ~ ~ D artment of Public W ks ' r s ice APPROVED AS TO CONTENT ~~~ ~ ~ Management Services CA11617 R-1 October 27, 2010 -24- Itc m V-I. 2. a/b ORDINANCES/RESOL UTIONS ITEM # 60409 U~~~n motion hv Councilman Dyer, seconded bv Councilmun Wood, Ci.ry Council ADOPTED, BY CONSENT.• Ordinances to AIITHORIZE reimbursement to City employees for legal fees and expenses incurred in their Counsel 's successful defense of misdemeanor charges arising out of the discharge of official duties: a. $1,000.00 Convention and Visitors Bureau b. $1, 083.60 Convention and Visitors Bureau Voting: 10-0 (By Consent) Council Memhers V~~tinKAye: Ri~u Sweet Qellitto, Cilenn R. Davis, Willium K. "Bill " UeSteph, Harry F.~. Uiezel. Roberl M. Dyer, Bu~°buru M. Henlev, Mayor William D. Sessoms, .Ir., Jnhn E. Uhrin, Rosemary Wilson anc~James L. Wood Council Members Voting Nay: None Courrcil Members Absent: Vice Mayor Louis X. Jones November 9, 2010 1 AN ORDINANCE AUTHORIZING THE REIMBURSEMENT OF 2 AN EMPLOYEE'S LEGAL FEES AND EXPENSES 3 INCURRED IN THE SUCCESSFUL DEFENSE OF A 4 MISDEMEANOR CHARGE ARISING FROM THE 5 DISCHARGE OF OFFICIAL DUTIES 6 7 WHEREAS, a Virginia Beach employee was charged with four misdemeanor 8 charges for actions arising out of the performance of her official duties; 9 10 WHEREAS, on September 30, 2010, the Virginia Beach General District Court 11 dismissed all charges with prejudice; 12 13 WHEREAS, in the defense of said charge, the employee incurred legal fees in the 14 amount of $1,000.00 and has requested the City to reimburse her for such fees; 15 16 WHEREAS, Section 15.2-1521 of the Code of Virginia provides that "(i)f any officer 17 or employee of any locality is investigated, arrested or indicted or otherwise prosecuted on 18 any criminal charge arising out of any act committed in the discharge of his official duties, 19 and no charges are brought, the charge is subsequently dismissed, or upon trial he is 20 faund not guilty, the governing body of the locality may reimburse the officer or employee 21 for reasonable legal fees and expenses incurred by him in defense of such investigation or 22 charge, the reimbursement to be paid from the treasury of the locality"; and 23 24 WHEREAS, the Department Director and the City Attorney's Office have reviewed 25 the circumstances of this case, assessed the bill submitted by the employee's legal 26 counsel, and determined that the legal fees are reasonable. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That the Director of the Convention and Visitors Bureau is hereby authorized to 32 expend funds in the amount of $1,000.00 from the FY 2010-11 Operating Budget of the 33 Department of the Convention and Visitors Bureau for the purpose of reimbursing the 34 employee for legal fees incurred by her in defense of said misdemeanor charges brought 35 against her arising out of the performance of her official duties. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th 38 day of November , 2010. APPROVED AS TO CONTENT ~-.- '~~ /r f~ ~( /:' ct. ~! ~~-L ~ ,L r,~CGI~~'.! , Conven ~ and Visitors Bureau APPROVED AS TO LEGAL SUFFICIENCY: j~ ~. City A orney's Office CA11624 R-2 October 25, 2010 1 AN ORDINANCE AUTHORIZING THE REIMBURSEMENT OF 2 AN EMPLOYEE'S LEGAL FEES AND EXPENSES 3 INCURRED IN THE SUCCESSFUL DEFENSE OF A 4 MISDEMEANOR CHARGE ARISING FROM THE 5 DISCHARGE OF OFFICIAL DUTIES 6 7 WHEREAS, a Virginia Beach employee was charged with two misdemeanor 8 charges for actions arising out of the perFormance of his official duties; 9 10 WHEREAS, on September 30, 2010, the Virginia Beach General District Court 11 dismissed all charges with prejudice; 12 13 WHEREAS, in the defense of said charge, the employee incurred legal fees and 14 expenses in the amount of $1,083.60 and has requested the City to reimburse him for such 15 fees and expenses; 16 17 WHEREAS, Section 15.2-1521 of the Code of Virginia provides that "(i)f any officer 18 or employee of any locality is investigated, arrested or indicted or otherwise prosecuted on 19 any criminal charge arising out of any act committed in the discharge of his o~cial duties, 20 and no charges are brought, the charge is subsequently dismissed, or upon trial he is 21 found not guilty, the governing body of the locality may reimburse the officer or employee 22 for reasonable legal fees and expenses incurred by him in defense of such investigation or 23 charge, the reimbursement to be paid from the treasury of the locality"; and 24 25 WHEREAS, the Department Director and the City Attorney's Office have reviewed 26 the circumstances of this case, assessed the bill submitted by the employee's legal 27 counsel, and determined that the legal fees and expenses are reasonable. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the Director of the Convention and Visitors Bureau is hereby authorized to 33 expend funds in the amount of $1,083.60 from the FY 2010-11 Operating Budget of the 34 Department of the Convention and Visitors Bureau for the purpose of reimbursing the 35 employee for legal fees and expenses incurred by him in defense of said misdemeanor 36 charges brought against him arising out of the performance of his official duties. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th 39 day of lvovember , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~--- •, fG/7 (~ ~._/~.~~.Ct~ <.l ~G~ri~~ ~ ' ~ - ~..... ~, r Conven ~ n and Visitors Bureau City Att rney's Office CA11625 R-2 October 25, 2010 - 25 - Item V-I.3. ORDINANCES/RESOL UTIONS ITEM # 60410 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT.• Ordinance to ACCEPT a~rd APPROPRIATE $10,122, 000 from the Virginia Department of Transportution (T~DOT), the Federal Highway Administration (F'HWA) and the Congestion Mitigation arrd Air Quality Improvement Program (CMAP) for pedestrian and lraffic~ safety at various locataons and a Federal Earmark for Lesner Bridge replacement Votin~: 10-0 (By Consent) Council Members votin~ Aye: Ri~u SN~ee1 Bellitto, Glenn K. Dc~vis. Willium 2"Bidl " DeSteph, Hur~°1~ l;. Die:;el. Ruherl ~t~. Dver, Burburu M. Henley, Mcryor Wi//rum 1~. Ses•som~~, Jr., Johr~ F'. ~/hrin, Ros•emary Wilson and James L. Wood Council Memhers Voting Nay: None Council Members Absent: Vice Mavor I,ouis R. Jones November 9, 2010 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION AND THE FEDERAL HIGHWAY 4 ADMINISTRATION FOR PEDESTRIAN AND TRAFFIC 5 SAFETY IMPROVEMENTS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. CIP #2-402, Virginia Beach Bus Shelter Program, is hereby established as a 11 capital project in the FY 2010-11 capital budget. 12 13 2. $729,600 from the Virginia Department of Transportation and $9,392,400 from 14 the Federal Highway Administration are hereby accepted and appropriated, with federal 15 and state revenues increased accordingly, to the following Capital Improvement 16 Projects to improve pedestrian and traffic safety: 17 18 (a) $750,000 to CIP #2-168, Lesner Bridge Replacement (Partial) 19 (b) $7,296,000 to CIP #2-178, Highway Safety Improvement Program 20 (c) $1,976,000 to CIP #2-190, Congestion Relief/Safety Improvement Program - 21 Phase I 22 (d) $100,000 to CIP #2-402, Virginia Beach Bus Shelter Program Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of November ,2010. 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 ~ orney's Office CA 11742 R-2 October 29, 2010 -26- Item -i~ J. PLfI NNING 1. MARK COOKE 2. PONTIACARMSAPARTMENTS, lNC. lTEM # 60411 3. WF,Ll,INGTON FARM, LLC/DAVID AND 7;9 UNlA REED 4. COMMONWEALTH VIRGINIA BEACH, LLC S. lNTEGRATED LIVING COMMUNITIES OF VIRGINIA BEACH, LLCAKA KINGS GRANT tlOUSE 6. SAINT AIDAN'S EPISCOPAL CHURCH 7. ClTY OF VIRGINIA BEACH NONCONFORMING ZISE MODIFICATION OF CONDITIONS (Apprnved: Murch 10, 2009) MODlF'ICATTON OF CONDITIONS 3 and 4 CONDITIONAL CHANGE OF ZONING CONDITIONAL iISE PERMIT MODIFICATION OF CONDITIONS (Approved: March 14, 1988) MODIFICATION OF CONDITIONS (APROVED: April I3, 1999) AMEND Section 111 and Section 301 of the City Zoning Ordinance (CZO), to define "Environmental Education Center" and allow the use as a Conditional Use in the P-1 Preservation District and ADD a new Section 233.1.1, to establish Standards Of Use November 9, 2010 -27- I~em V J. PLANNING ITEM # 60412 l~~orr motion bv ('ouncilman Dyer, seconded by Cvuncilman Wood, City Council APPROVED in ONE MOTION Items 1(DEFERRED), 2, 3, 4, S, 6, and 7 of the CONSENT AGENDA. Item J.1 (MARK COOKE f'or a Nonconforming Use) was DEFERRED until the City Council Session of November 23, 201 D). G'~~tin~~ 10-0 (By Consent) Council Members Voting Aye: Kita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel. Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and .Iames L.. Wood ('r~t~r~cil ,tilc~rrthcr.5~ G~nlrrtg ~~uy': None C~~uncil Members Absent: Vice Mayor Louis R. Jones November 9, 2010 -28- liem V-J.1. PLANNING ITEM # 60413 Upon rnotiorr by Councilman Dyer, seconded by Councilman Wooc~ City Council DEFERRED, BY C.'ONSENT, until the City Council Session of November 23, 2010, Resolution upon Application of MARK COOKE f'or a Nonconformin~ Use re conversion of a garage apartment with a single family dwelling ut 6102 (~ceanfront Avenue (GPIN #2-~19820281) (DISTRIC7' S - ~ L YNNHA VF.N) ~ntin~~ 10-0 (By Consent) ('ouncil Member~s~ ~otingAye: Xilcr Sweet Bellitto, Glenn R. Davis, Wi//iurn R. "Bill " DeSteph, Harrv F,. Diezel. Kobert M. Dyer, BarbUra M. Henley, Mcryor William D. Sessoms, Jr., John E. Uhrin, Roservaary Wilson and James L. Wood Cuuvrcil Members Vntirrg Ncry: None C'c~urzcil Mernbers Ahsent: ~ice Mayor I.ouis R. Jones November 9, 2010 -29- Item i~ J.2. PLANNING ITEM # 60414 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, an Ordinance upon Application of PONTIAC ARMS APARTMENTS, INC. for Modi ication of Conditions (approved March 10, 2009) to allow the parking lot as an outdoor artist's Gallery at 2016 Arctic Avenue (GPIN # 2427086210). (DISTRICT 6 - BEACH); BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of PONTIAC ARMS APARTMENTS, INC. for Modification of Conditions (approved March 10, 2009) to allow the parking lot as an outdoor Artist's Gallery at 2016 Arctic Avenue (GPIN # 2427086210). (DISTRICT 6 - BEACH) The following conditions shall be required: When the property is developed, the improvements shall be in substantial conformance with the plan entitled, "Conceptual Site Plan 21st Street Parking Lot Pontiac Arms Apartments, Inc. Virginia Beach, Virginia " prepared by WPL Landscape Architects Land Surveyors Civil Engineers dated October 28, 2008, which has been exhibited to the City Council and is on file in the Department of Planning. 2. Iffence is installed, a non-opaque fence no taller than four (4) feet high and constructed of maintenance free materials shall be provided around the perimeter of the parking lot with the exception of the gated ingress-egress. Landscaping shall be included outside of the fence as required in the City's Parking Lot Landscaping Specifications and Standards. Said fence and gate shall not be chain-link or wood split-rail. Detail of the fence shall be submitted with the final site plan for approval. 3. The attendant kiosk shall be similar in design to the photograph of the 4'-0" x 6'-0" aluminum and glass Ramsey building provided within the staff report. The attendant kiosk shall be located no closer than eight (8) feet from the Arctic Avenue property line and fifteen (1 S) feet from the 20-%2 Street property line. 4. The gate shall be similar in design to the photograph provided within the staff report. The gate shall consist of materials that are generally recognized as maintenance free. A detail of the gate shall be submitted with the final site plan for approval. S. The parking lot shall be developed and operated in accordance with the provisions of Section 23-58 of the City Code, which regulates Commercial Parking Lots. Moreover, the hours of operation for the parking lot shall be identical to the hours of the City's parking lots, as established by City Council, for publicly owned parking lots within the Resort Area. 6. The vehicular access point for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. November 9, 2010 -30- Item V J.2. PLANNING ITEM # 60414 (Continued) 7. 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. Photometric plan to be submitted during site plan review. 8. Trash receptacles shall be installed and maintained at the locations determined during site plan review. 9. One (1) sign shall be permitted to ident~ the parking lot. Said sign shall comply with all requirements for commercial parking lot signs as outlined in Section 23.58 of the City Code. 10. The activities of the outdoor Artist Gallery shall occur within the area of the parking lot as designated in the Conceptual Site Plan entitled "Old Beach Artist Gallery " prepared by WPL Landscape Architects Land Surveyors Civil Engineers darted July 26, 2010. 11. Operation of the outdoor Gallery shall occur on Saturdays and Sundays betrveen 9.•00 A.M. and S: 00 P.M. from September through May. 12. Trash and recycling receptacles shall be located at the entrances to the outdoor Gallery. The site shall be cleared of trash at the conclusion of each Gallery day and all receptacles shall be removed and contents properly disposed of at the end of each day. 13. Parking for the outdoor Gallery shall occur in the designated parking area as designated in the Conceptual Site Plan entitled "Old Beach Artist Gallery " prepared by WPL Landscape Architects Land Surveyors Civil Engineers darted July 26, 2010. 14. The Zoning Administrator shall review this Modification to the Use Permit on an annual basis to determine if there have been issues during the prior season of operation that negatively impact on the compatibiliry of the use with the surrounding area to the extent that a re-evaluation of the Modification of the Use Permit is necessary. If so, the Use Permit shall be re-evaluated bythe Planning Department. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth of November, Two Thousand Ten November 9, 2010 ~. Item V-J.2. PLANNING 6'oting -31 - ITF,M # 60414 (Continued) 10-0 (By Consent) Council Members Votirrg Aye: Kila Sweel Bellitto, Glenn R. IIa~°rti' E. Diezel. Rul~erl ,~l~l Wi/lium D. .Sessor~~s~, ,Ir., John f~' l,. Wood Council Members Voting Nay: None C~~uncil Memhe~°s Ah.sent: vice Muyor Louis lZ. Jone,s Du~~is~, Willian~ R. "Bil/" DeSteph, Pver, Burbara M Kenley, Mayor L~hrii~, Roserrzu~°v W'ilsun unr/ James November 9, 2010 -32- Item V-J.3. PLANNING ITEM # 6041 S Upon rnotion hv C'ouncilman Uyer, seconc~ed by Councilman Wood, Ciry Council ADOPTED, BY CONSENT, Ordinunce upor~ uppliculiorr of WELLINGTON FARM, LLC/DAVID REED & TAUNIA REF.'D, re~ Mod~icc~tiun of C'onditions. 3 und -~ lo renznve referc~nce to fund ruising at 3125 Hungarian Rucad (GPIN" !3~`~n7-13606; 1388H~11368~ DLS'TlZIC'T 7 - PRINCF,SSANNF DIS7KI('T. BE IT I~F_R1:BY ORI~AINED BY 7HF. C'OUNCII. OF~ !HE C'lTY OF' VIXGINIA BFACH, ~IRGINIA Ordinarrce upon application of' WELLINGTON FARM, LLC/DA VID RE'ED &"I'A UNIA REED, re Modzfication of Conditions, 3 and 4 to remnve referen~ce to fund raising at 3125 Hurrgarian Roud (GPIN 13887~13606; 1388841368) UISZRICT 7- PRINCESS ANNE DIS"!'WC7: The following conclitions shall be required: 1. All co~rc~i~ions, with the exception of Nurr~bers 3 and ~1 attached to the Conditional Use Permit granted bv the City Cn~ncil on December 11, 2007, remuin irr effect. ?, ('ondition Number 3 of the December I1, Z00~, C'onditiortul Use Permit is deleted and replaced with th~ follor~~in~: Th~ Prope~°ry sha/I nnt be used for events which w~ould include public as.senafily. 3. Condition Numb~r =~ of the December 11, 2U0', (_'ondrtionu/ U,se Permit is deleted. This Ordinance shall be effective i~ accordance with Section 107 (~ of the Zon~ing Ordinance. Adopted hy the Ciry Council of the City of Virginia Beach, Virginia, on the Ninth of November, Two 7housund "!'en Novemher 9, Z010 „ -_»- Item V-J.3. PLANNINC ITEM # 60415 (Continued) Voting: 10-0 (By Consent) Council Member.ti~ Volir~g.Aye: Kita Sweet Bellitto, Glenn K. Davis, William K. "Bill " DeSteph, Harry E. Dieael. Robert .~1 Dyer, Barbara M Henley, Mcrvor William U. Sessoms, Jr„ John E. Uhrin, Rosemary Wilson and James !,. Wood Council Members Voling Nay: None C'nuncil Mernhers Absent.• Vic~c~ ,'Lluyor 1 ouis R. .tones November 9, 2010 -34- Item T~ J.4. PLANNING ITEM # 60416 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Ordinances upon application of COMMONWEALTH i~IRGINIA BEACH, L.L.C., Chan~of Zoning District Classi acation B-2 Community Business District to Conditional O-2 O~ce District, 445 Kings Grant Road (GPIN 1497074064). and Conditional Use Permit. facility for disabled (Sanatorium), 445 Kings Grant Road (GPIN 1497074064). DISTRICT S - LYNNHA vEN BE IT HEREBY ORDAINED BY THE CO UNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of COMMONWEALTH i~IRGINIA BEACH, L.L.C., Chan~e o Zonin District Classification B-2 Community Business District to Conditional O-2 O~ce District, 445 Kings Grant Road (GPIN 1497074064). DISTRICT S - LYNNHAVEN Z011101241 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. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application oJ COMMONWEALTH VIRGINIA BEACH, L.L.C., Conditional Use Permit. facility for disabled (Sanatorium), 445 Kings Grant Road (GPIN 1497074064). DISTRICT S - LYNNHAVEN R0111037443 The following conditions shall be required: The site shall be developed substantially in accordance with the submitted "Rezoning Exhibit for Proposed Memory Center Wing of Kings Grant House ", dated 7/1 S/10, and prepared by Hoggard-Eure Associates, P.E., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, unless the applicant is unable to obtain variances for the required setbacks and permitted lot coverage. If the applicant is unable to obtain the required variances the building shall be redesigned to adhere to the required setbacks and permitted lot coverage. 2. The proposed building and attachment to the Kings Grant House shall substantially conform to the submitted elevations entitled "ELEVATION OF MEMORY CENTER ADDITION KINGS GRANT HOIISE ", dated .lanuary 31, 2010, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. November 9, 2010 -35- Item V-J.4. PLANNING ITEM # 60416 (Continued) 3. The applicant shall prepare and record a Parking Agreement with Saint Aidan's Episcopal Church for the proposed shared parking to be located on the Church property. The agreement shall be reviewed by Current Planning staff and the Ciry Attorney's office before recordation in the Clerk of the Courts O~ce. 4. The applicant shall provide Category I landscaping along the northern and southern walls of the building. 5. All parking for staff and visitors shall be met on the site and adjacent sites, Kings Grant House and Saint Aidan 's Episcopal Church. There shall be no staff and visitor parking in the rights-of- ways. 6. An automatic sprinkler system and an automatic fire alarm system must be approved by the Fire Department's O~ce of Plan Review and the City Fire Protection Engineer and installed in the proposed memory center. These Ordinances shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the Ciry Council of the Ciry of Virginia Beach, Virginia, on the Ninth of November, Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Harry E. Diezel. Robert M. William D. Sessoms, Jr., .Tohn E. L. Wood Davis, William R. "Bill " DeSteph, Dyer, Barbara M. Henley, Mayor Uhrin, Rosemary Wilson and James Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones November 9, 2010 ~ z V ~ a: d` ~~ - i u = o `~ ~ ~ ~ V '4r .. ~ ~F OUR N ~ ~~ ~t~~a5 In Reply Refer To Our File No. DF-7677 TO: Mark D. Stiles FROM: B. Ka Wilso n~ Y CITY OF VIRGINIA BEACH 1NTER-OFFICE CORRESPONDENCE DATE: October 27, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Commonwealth Virginia Beach, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 9, 2010. I have reviewed the subject proffer agreement, dated February 1, 2010 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 COMMONWEALTH VIRGINIA BEACH, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this lst day of February, 2010. by and between COMMONWEALTH VIRGINIA BEACH, L.L.C., a Virginia limited liability compariy, Grantor, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Lynnhaven District of the City of Virginia Beach, containing approximately io,96~ squ~ire feet which is more particularly described in Exhibit "A" attached hereto and incorporat:ed herein by this reference, which parcel is herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to char~ge the Zoning Classification of the Property from B-2 Commercial District to Conditional O-2 Office District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometinies incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need. for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zor-ed are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 1497-0~-4064 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 28i Independence Boulevard Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the O-2 Office District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of s~iid amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning,. NOW, THEREFORE, the Grantor, for itself, its successors, persorial representatives, assigns, grantee, and other successors in title or interest, voluntarily a~nd without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or auid ~ro ~uo for zoning, rezoning, site pl~in, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical developme nt, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: i. The Property shall be developed substantially in accordance with the "REZONING EXHIBIT FOR PROPOSED MEMORY CENTER WING OF KING'S GRAI'~1T HOUSE", dated i/3i/io, prepared by Hoggard-Eure Associates, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. The architectural design and e~rterior building materials of the building depicted on the Concept Plan shall be substantially as depicted and described on the "ELEVATION OF MEMORY CENTER ADDITION KINGS GRANT HOUSE", dated January 3i, 2oio, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevation"). 3. Further conditions may be required by the Grantee during detailed Subdivision Plan review and administration of applicable City Codes by all cognizant City agencies and departments, to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue 2 in full force and effect until a subsequent amendment changes the zoning of the Propei~ry and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoniing Ordinance until specifically repealed. The conditions, however, may be repealE:d, amended, or varied by written instrument recorded in the Clerk's Office of the Circrait Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance o~ a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section i5.2-2204 of the Code of Virginia, i95o, as amended. Said ordinance or resolution shall be recorded along vv~i.th said instrument as conclusive evidence of such consent, and if not so recorded, s~~id instrument shall be void. The Grantor covenants and agrees that: (i) 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 Virgiriia Beach, Virginia, to administer and enforce the foregoing conditions and restrictio~~is, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be. appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Properry, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded 3 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexec4. in the name of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Commonweal Virginia Beach, L.L.C., a Virginia imited bility c ,% <- By: ~ (SEAL) Richard Brewer, Managing Member STATE OF VIRGIN~ CITY/COUNTY OF ~~1C~_~~~v `~~'~--~ to-wit: The foregoing instrument was acknowledged before me this `i~ day of February, 2oio, by Richard Brewer, Managing Member of Commonwealth Virginia Beach, L.L.C., a Virginia limited liability company, Grantor. . \ c~,~~~o,. ~. V~et~~~.., Notary Public My Commission Expires: ~~ • ~' ~~ ~•``~~.\P K~ ~~F ~~'•• ,~ \~ •~~e~e~~~~~~~ ~O Notary Registration No.: Z-O y l~~p •~.• Y P~~•~ c~ % ~ ~ ~~ 'i~ ~j : ~ ~ ~ ~` tz MY ~ % L : CONJh18ERN ~ ¢ :z o ~O ' 2g0466 J ~ b • •~~?j,~•~~ ~G~~~.,~ ~ ~O~~eaea~~~ ` \, ~°~•~~~tALTNO ..`• EXHIBIT "A" LEGAL DESCRIPTION ALL that certain lot, piece or parcel of land situate in Lynnhaven Borough of the City of Virginia Beach, Virginia, and designated as Site "Z" on that certain plat entitled "Subdivision of Property of Kwik-Chek Realty Company, Inc., Virginia Beach, Virginia", dated September 2i, i97o, made by Old Dominion Surveyors, and recorded in the Clerk's Office of the Circuit Court of the City aforesaid in Map Book 88, at Page 54, the property hereby conveyed being more particularly bounded and described as follows: BEGINNING at a point in the western line of Kings Grant Road in the dividing line between Site "X" and Site "Z" as shown on said. plat, and running then along said dividing line South ~2 deg. i4' 02" West ~82.82 feet (erroneously given in deed as 62.38 feet) to a point; thence North 33 deg. 40' 02" West 62.38~ feet to a point; thence North ~2 deg. 14' 36" East 200.94 feet to a point in the western line o~ Kings Grant Road; thence in a southerly direction along the arc of a curve to the right with ~ radius of 4000.0o feet an arc distance of 60.0o feet to the point of beginning. GPIN: 1497-07-4064 Conditional Rezone/Commonwealth Assisted Living/Proffer 6 -36- Item V-J. S PLANNING ITEM # 60416 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, an Ordinance upon application of INTEGRATED LIVING COMMUNITIES OF VIRGINIA BEACH, LLC A/K/A KINGS GRANT HOIISE, for the Modi~cation of the Conditional Use Permit, approved by City Council on March 14, 1988, 440 North Lynnhaven Road (GPIN 1497072012). DISTRICT 5 - LYNNHAVEN. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of INTEGRATED LIVING COMMUNITIES OF VIRGINIA BEACH, LLC ro~ Ma~h ~4, GRANT HOiISE for Modifcation of Conditions, (app 1988) re an addition and to expand the parking lot (to be shared with the church) at 440 North Lynnhaven Road (GPIN 1497072012) DISTRICT S - LYNNHAVEN. The following conditions shall be required: l. The site shall be developed substantially in accordance with the submitted "Rezoning Exhibit for Proposed Memory Center Wing of Kings Grant House ", dated 7/1 S/1 D, and prepared by Hoggard- Eure Associates, P.E., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, unless the applicant is unable to obtain variances for the required setbacks and permitted lot coverage. If the applicant is unable to obtain the required variances, the building shall be redesigned to adhere to the required setbacks. 2. The proposed building and attachment to the Kings Grant House shall substantially conform to the submitted elevations entitled "ELEVATION OF MEMORY CENTER ADDITION KINGS GRANT HOUSE ", dated January 31, 2010, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The applicant shall prepare and record a Parking Agreement with Saint Aidan 's Episcopal Church for the proposed shared parking to be located on the Church property. The agreement shall be reviewed by the current Planning Staff and the Ciry Attorney's Office before recordation in the Clerk of the Courts Office. 4. The applicant shall provide Category I landscaping along the eastern and northern walls of the building. S. All parking for staff and visitors shall be met on the site and adjacent sites, Kings Grant House and Saint Aidan 's Episcopal Church. There shall be no staff and visitor parking in the rights-of-ways. 6. An automatic sprinkler system and an automatic fire alarm system must be approved by the Fire Department's O~ce of Plan Review and the City Fire Protection Engineer and installed in the proposed Memory Center. November 9, 2010 -37- Item V-J. S PLANNING ITEM # 60416 (Continued) This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth of November, Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R"Bill" DeSteph, Harry E. Diezel. Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones November 9, 2010 -38- Item V-J.6. PLANNING ITEM # 60417 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, an Ordina ond tionala Usec Permit appro~ed byDC'ty Co~nSCOPA ~ CH 3RC999,~ 3201 Modification of the C Edinburgh Drive (GPIN 1497072219). DISTRICT 5 - LYNNHAVENDISTRICT. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application SAINT AIDAN'S EPISCOPAL CHURCH for Modification of Conditions (approved April 13, 1999) re a shared parking lot at 3201 Edinburgh Drive (GPIN 1497072219). DISTRICT S - LYNNHAVEN The following conditions shall be required: 1. All conditions, with the exception of Number 3 attached to the Conditional Use Permit granted by the Ciry Council on April 13, 1999, remain in effect. 2. Condition Number 3 of the April 13, 1999, Conditional Use Permit is modified and replaced with the following.• The proposed church expansion shall substantially adhere to the site plan entitled, "Saint Aidan's, Conditional Use Permit, " by W.P. Large, Inc., dated March 10, 1999. The proposed parking on the southwestern side of the site, adjacent to Kings Grant House, in conjunction with the proposed improvements to the Kings Grant House, shall be installed as depicted on the submitted "Rezoning Exhibit for Proposed Memory Center Wing of Kings Grant House ", dated 7/I S/10, and prepared by Hoggard-Eure Associates, P.E., which has been exhibited to the Virginia Beach Ciry Council and is on file with the Virginia Beach Department of Planning. 3. The applicant shall prepare and record a Parking Agreement with Integrated Living Communities LLC, a/k1a Kings Grant House, for the proposed shared parking to be located on the Church properry. The agreement shall be reviewed by the current Planning Staff and the Ciry Attorney's Office before recordation in the Clerk of the Courts Office. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the Ciry Council of the City of Virginia Beach, Virginia, on the Ninth of November, Two Thousand Ten November 9, 2010 -39- Item V-J.6. PLANNING ITEM # 60417 (Continued) Voting.' 10-0 (By Consent) Council Members VotingAye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel. Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones November 9, 2010 -40- Item V-J.7. PLANNING ITEM # 60418 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance upon application of CITY OF VIRGINIA BEACH, to AMEND Section I11 and Section 301 of the City Zoning Ordinance (CZO), to define "Environmental Education Center" and allow the use as a Conditional Use in the P-1 Preservation District and ADD a new Section 233.1.1, to establish Standards Of Use. Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill " DeSteph, Harry E. Diezel. Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones November 9, 2010 ~ AN ORDINANCE TO AMEND SECTION 111 AND 2 SECTION 301 OF THE CITY ZONING ORDINANCE, 3 DEFINING THE TERM "ENVIRONMENTAL EDUCATION 4 CENTER" AND ALLOWING THE USE AS A CONDITIONAL 5 USE IN THE P-1 PRESERVATION DISTRICT, AND g ADDING A NEW SECTION 233.1.1, ESTABLISHING 7 STANDARDS PERTAINING TO SUCH USE g Sections Amended: City Zoning Ordinance Sections 111 g and 301 10 Section Added: City Zoning Ordinance Section 233.1.1 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Sections 111 and 301 of the City Zoning Ordinance are hereby amended 17 and reordained, and a new Section 233.1.1 is added, to read as follows: 18 19 Sec.111. Definitions. 20 2~ For the purpose of this ordinance, words used in the present tense shall include 22 the future; words used in the singular number include the plural and the plural the 23 singular; the use of any gender shall be applicable to all genders; the word "shall" is 24 mandatory; the word "may" is permissive; the word "land" includes only the area 25 described as being above mean sea level; and the word "person" includes an individual, 26 a partnership, association, or corporation. 27 28 In addition, the following terms shall be defined as herein indicated: 29 .... 30 Environmental education center A facilitv havinq the primarv purpose of 31 educatinq visitors on the nearby natural environment through the use of informative 32 dis la s exhibits outdoor activities and similar means. 33 .~~~ 34 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 35 TO ALL DISTRICTS 36 ..~~ 37 C. CONDITIONAL USES AND STRUCTURES 38 .... 39 Sec. 233.1.1. Environmental education centers. 40 Environmental education centers operated bv a nonqovernmental entitv shall be 41 allowed onl as a conditional use in the P-1 Preservation District and in addition to 42 general requirements shall be subiect to the followinq provisions: 43 (a) Environmental education centers may include offices of the entitv 44 operatinq the center and of other nonprofit entities havinq similar purposes, classrooms, 45 shelters outdoor exhibits noncommercial piers kavak/canoe launches and storaqe 46 facilities and similar uses consistent with the purpose of the center. 47 (b) On site parkinq shall be required in accordance with the conditional use 48 permit authorizinq the center~ provided that unless otherwise specified in the 49 conditional use permit all stormwater from parkinq and other impervious surfaces on 50 the site shall be captured and reused or retained on site or treated bv Low Impact 51 Development (LID) techniques such as the use of permeable pavinq svstems, 52 bioretention rain qardens veqetated roofs veqetated swales or similar means of 53 controllinq pollution from stormwater runoff. 54 55 ARTICLE 3. PRESERVATION DISTRICT. 56 .... 57 Sec. 301. Use regulations. 58 (a) Principal and conditional uses. The following chart lists those uses permitted 59 within the P-1 Preservation District. Those uses and structures shall be permitted as either 60 principal uses indicated by a"P" or as conditional uses indicated by a"C." No uses or 61 structures other than as specified shall be permitted. 62 63 Use P-1 64 .... 65 Environmental education centers other than those C 66 operated bv a qovernmental entity 67 68 .... 69 Adopted by the City Council of the City of Virginia Beach on the 9th day of November, 2010. 2 -41 - Item.K.l. APPOINTMENTS ITEM # 60419 City Council RESCHEDULED, BY CONSENSUS the following Appointments: BOARD OF B UILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAYPRESERVATIONAREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY POLICY and MANAGEMENT TEAM - CSA COMMUNITY SER VICES BOARD ENERGYADVISORY COMMITTEE HAMPTONROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PENDLETON CHILD SERVICES MANAGEMENT BOARD PLANNING COMMISSION RESORT AD vISOR Y COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION WETLANDS November 9, 2010 -42- Items V-N. ADJOURNMENT ITEM # 60420 Mayor William D. Sessoms DECLARED the Ciry Council Meeting ADJOURNED at 6:OS P.M. J%_`~~_.__-~___~``'`~_,~._- l`~~--~0~//~ Beverly O. Hooks, CMC Chief Depury Ciry Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach, Virginia r William D. Sessoms, Jr. Mayor The Public Dialogue re Non-agenda items ADJOL'RNED at 6.•31 F...M. November 9, 2010 - 43 - PUBLIC DIALOGUE SHORE DRIVE SPEED LIMIT David Williams, 2104 West Admiral Drive, Phone: 481-1668, Pice President - Shore Drive Civic Association and Committee Chairman for the Shore Drive Safety Initiative, a Sub Committee of Shore Drive Community Coalition. There has been considerable effort put forth by the City and the citizens to make Shore Drive a safer road. To determine the speed limit of 35 miles per hour along Shore Drive or respond to the concerns for a higher speed limit, a survey has been conducted. Approximately 300 surveys have been completed with sixty-six percent (66%) indicating they wish to keep the speed limit at thirty-five or a mix of thirty-five and forry-frve miles per hour along Shore Drive. Only 33% of the current survey indicates they wish to return to forty-five miles per hour. The Shore Drive Safety Initiative wishes to make Shore Drive safe, a remarkable place for cyclists, pedestrians and drivers. The need for an increase in the speed limit along Shore Dive is not warranted. Many citizens of Virginia Beach have worked hard to improve the image and safety of Shore Drive. June McDaniels, 2400 Catch Court, Civil Engineer, resident of the Bayfront for twenty-frve (25) years and served two (2) terms on the Bayfront Advisory Committee. Mrs. McDaniels is an active tri-athlete (runner, swimmer, biker, and walker), The active citizens define this area. There is an inherent conflict between pedestrians and motorists because of the major thoroughfare. In 2005, when there were five (5) pedestrian fatalities along a two-mile stretch of Shore Drive, together the residents formed a Safety Task Force which was able to come up with short, new and long-term recommendations to make Shore Drive safer. On the short term improvements, some progress has been made; however, the most outstanding issue is the Task Force has not been able to provide a safe and well defined place for pedestrians along the Corridor. The edges of the roadway are still poorly defined and continue to cause dangerous situations. In 2009, there were three (3) more pedestrian deaths in a short period of time. Mrs. McDaniels supports resurrecting the Safety Task Force. Grace Moran, 225 Roanoke Street, served the last ten (10) years as an officer in both Ocean Park Civic League and Shore Drive Community Coalition. Together, the Ciry Council, City Staff, the Shore Drive Community Coalition and the Bayfront Advisory Committee has succeeded in marvelous advances. Ms. Moran thanked the members of City Council for continuing the Beach replenishment from Ocean Park to the Cape Story By the Sea area. There were d~erences over the Transfer Site but that was satisfactorily solved. The Stormwater surveys, both East and West of the Lesner Bridge, have promised to be another success. The proposed acquisition of the Pleasure House Point Property is perhaps the crowning moment. Common sense says that a lower speed limit will result in a shorter stopping distance and thus more reaction time for pedestrians, bicyclists and motorists when threatened. Ms. Moran urged the speed limit be kept at 35 miles per hour. Mary Lynn Brown, 2310 Sandollar Court, Phone: 613-7030, new business owner in Virginia Beach, resident since 2003, who moved here, by choice from Northern Virginia. On May 11, 2010, Ms. Brown presented to the Shore Drive Safety Committee issues as well as solutions of safety concern in the Bayfront community. She read through all the studies in order to educate the residents. It is a safety issue to get across Shore Drive. There are only ten (10) crosswalks from North Great Neck to Independence Boulevard. There are not enough crosswalks to get across safely without having to go five (S) blocks one way or frve (S) blocks the other. On June 7, 2010, she met with Jason Cosby, Director of Public Works and Senior Tra~c Engineers. The surveys indicated there were over 600 individuals crossing Shore Drive in the section between Great Neck Road and Lesner Bridge, which qualifres for crosswalks. They have chosen not to place crosswalks here. She requested City Couneil reeonsider placing at least one crosswalk at Red Tide Road and Shore Drive. November 9, 2010 -44- PUBLIC DIALOGUE SHORE DRIVE SPEED LIMIT (Continued) Bruce Drees, 921 Winthrop Drive, Phone: 647-3987, bicycling advocate, and adjunct member of the Shore Drive Safety Initiative, supports improving Shore Drive for all users. City Council was correct and provided leadership in lowering the speed limit. This option represents a good start. There is a sound basis for a speed limit of 35miles per hour in a number of reports by respected institutions. As an example, a report to Congress by the National Highway Transportation Safety Administration in 2008 stated.• "As speeds increase, the severiry of pedestrian crashes generally increases ". The Insurance Institute for Highway Safety stated: "Higher vehicle speeds are strongly associated with the greater likelihood of pedestrian crashes and more serious pedestrian injuries ". The recommended action includes reducing vehicle speeds. Ed Chittenden, 2132 West Admiral Drive, Phone: 412-0096, Cape Henry Shores resident was a member of the Shore Drive Safety Initiative in 2009. His topic was "Safer Entry" on Shore Drive from stop control cross streets by reduced Shore Drive vehicular speeds. A civic led component of that Safety initiative conducted a cross street departure site triangle distance analysis for Kendall Street South intersection with Shore Drive. The analysis compared the derived values against Federal Standard distance values. The results of the analysis were that Kendall Street South intersection, distances were 350, 4S0 and 540 feet short of Federal standards. The shortfalls unduly compress both Shore Drive and cross street driver's reaction times. Empsy Munden, 2203 Bayberry Street, Phone: 869-5785, current President - Cape Story by the Sea. This is her fourth year as President. She has also worked with Shore Drive Coalition and Virginia Beach Council of Civic Organizations. Ms. Munden advised that for years prior to her becoming President, Todd Solomon had been working on the 35-mile an hour speed limit realizing the problem crossing their small section from Kendall up to Great Neck. Cape Story was pleased when the speed limit was dropped to thirty-five (35) miles per hour. Campers from First Landing State Park and 85% of the Cape Story residents were very pleased with the extension this year West of Great Neck Road to Pleasure House Road with a reduction to thirty-five (35) miles per hour. There have been no deaths since this reduction. Thirty-five miles per hour should be supported all the way. POLICE OFFICERS AND ANIMALS KILLED BY CARS Mike Marcellus Mitchell, 5448 Connie Lane, Phone; 544-0955, wished to have more Police O~cers in uniform on the streets. Crime is serious in Virginia Beach. Last week someone threw a bottle at him. Too many animals are being killed by automobiles and are left in the roadways. To further explain, Mr. Mitchell will write letters to the City Council Members. November 9, 2010