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MAY 24, 2011 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large VICE MAYOR LOUIS X. JONES, Bayside -District 4 It17A SWEET BELLl7"f0, At-Large GLENN R. DAMS, Rose Hal! -District 3 WILLIAM R. UeSTEPH, A7-Large HARRY L'. D1F.ZEL, Kempsville -District 2 ROBERT M DYER, Centerville -District I BARBARA M. HEN! Li Y, Princess Anne -District 7 JOHN h.' UHRIN, Beach District h ROSEMARY WILSON, At-Large JAMES L. WOOD, 7.ynnhaven -District i CITY COUNCIL APPOINTEES CITY MANAGER JAMES K. SPORE CITY ATTORNEY -MARK D. S77LES CITYASSESSOR - JERALD U. BANAGAN C/TY AUD/T OR - LYNDON S. REM/AS C/TY CLERK -RUTH HODGES ERASER, MMC CITY COUNCIL AGENDA 24 MAY 2011 I. CITY MANAGER'S BRIEFING -Conference Room- A. ROSEMONT STRATEGIC GROWTH AREA (SGA) Paul Ostergaard, Urban Design Associates B. VIRGINIA BEACH CITY PUBLIC SCHOOLS Conditional Use Permit for On-Site Sewage Treatment Facility "Living Machine" Tony Arnold, Director -Schools Facilities, Planning and Construction II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C/TY HALL BU/LD/NG 240/ COURTHOUSE DR/VE VIRGINIA BEACH, VIRG/NIA 23456-8005 PHONE. (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 3:30PM S:OOPM C. RECESS TO CLOSED SESSION V. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Randy D. Singer Pastor Trinity 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. SPECIAL SESSION AT GREEN RUN HIGH SCHOOL Apri121, 2011 PUBLIC HEARING -RESOURCE MANAGEMENT PLAN 2. INFORMAL and FORMAL SESSIONS May 10, 2011 G. FORMAL SESSION AGENDA H. PUBLIC HEARINGS 1. LEASES OF CITY-OWNED PROPERTY a. 2656 Lishelle Place b. 3`d Street and Atlantic Avenue 2. SALE OF EXCESS PROPERTY 1732 Virginia Beach Boulevard 3. BEACH GARDEN PARK - KILBOURNE COURT/HOLLY ROAD Right-of--Way Improvements Acquisition by Agreement or Condemnation 4. INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easements 1646 Princess Anne Road CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinances re the City Code: a. ADD Sections 5-103 and 5-104 re the creation of the Animal Control Unit Advisory Board (requested by Councilman DeSteph) b. AMEND Sections 2-268, Articles I and III of Chapter 37 of the City Code re the cross-connection control, backflow prevention and the duties of the Director of Public Utilities; and, ADOPT the Cross-Connection Control and Backflow Prevention Policy REPEAL Sections 6-110 and 21-251and AMEND Sections 23-63 through 23-72 re noise re Beaches, Boats, Waterways, Motor Vehicle and Traffic Code d. AMEND Sections 28-65, 28-66, 28-70, 28-76, 28-78, 28-79 and 28-81 and ADD Sections 28-70-1 and 28-81.1 re the public sewer system and civil penalties for violations of certain ordinances governing the use of the public sewer system 2. Ordinance to provide the tax levy on real estate for properties in the Virginia Landmarks Register for FY 2012. (requested by Council Lady Wilson and Councilman Davis) 3. Ordinances to AUTHORIZE: a. acquisition of property for rights-of--way and permanent drainage easements, either by agreement or condemnation, for BEACH GARDEN PARK - KILBOURNE COURT/HOLLY ROAD right-of--way improvements b. acquisition of an Agriculture Land Preservation (ARP) easement to James L. and Phyllis N. Styron at 5341 Morris Neck Road. (District 7 -Princess Anne) c. the City Manager to enter into a Lease for Summer 2011 and the next four Summers with Dolphin Run Condominium Association, Inc. at 3RD Street and Atlantic Avenue re an overflow parking lot for registered guests (District 6 -Beach) d. the City Manager to EXECUTE a Lease with BMZ USA, INC. re commercial property at 2656 Lishelle Place (District 6 -Beach) 4. Ordinance to DECLARE EXCESS City property at 1732 Virginia Beach Boulevard and AUTHORIZE the City Manager to sell the property to Sakkadas Enterprises, Inc. 5. Resolution re an AWARD $708,746 in Economic Development Investment Program (EDIP) funds to BMZ USA, Inc. by the Development Authority re expenses associated with retrofitting the building at 2656 Lishelle Place (District 6 -Beach) 6. Resolution to ESTABLISH a Process Improvement Steering Committee to gather information re the broad range of issues to improve government processes and communication with citizens (requested by the Mayor, Vice Mayor and Council Members Bellitto, Davis, DeSteph, Diezel, Dyer, Uhrin, Wilson and Wood) 7. Ordinance to REDEFINE the HNP Field Automation Analysis, including the purchase of computer equipment and related peripheral equipment re Code enforcement in Housing and Neighborhood Preservation 8. Ordinances to ACCEPT and APPROPRIATE: a. $150,000 grant funds re Pedestrian System Improvements - Phase I to reimburse the City for a portion of construction costs for Providence Road overpass sidewalk b. $208,695 in state grant funds to reimburse the City for land acquisition adjacent to the Adam Thoroughgood House c. $43,671 from the United States Homeland Security to the Fire Department's FY 2010-11 Operating Budget re Virginia Task Force 2 Urban Search and Rescue, including canine d. $15,000 from the United States Homeland Security through the Virginia Department of Emergency Management to the Police Department's FY 2010-11 Operating Budget re terrorism detection e. $100,000 as a state grant re funding a portion of the design and construction of Marshview Trail f. $61,110 from Hazard Mitigation grant funds re Auxiliary Power program for sewer pump stations -Phase III g. $4,584,053 from the School Instructional Technology Fund to purchase electronic white boards for secondary schools and replace outdated classroom equipment 9. Ordinance to TRANSFER $230,754 from Reserve for Contingencies to Mass Transit Operations FY 2010-11 Operating Budget re a true-up reimbursement to Hampton Roads Transit (HRT) K. PLANNING 1. Variance to §4.4(b) of the Subdivision Zoning Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for CHARLES PAYNE re the development of single-family dwellings at 800 Terrace Avenue. DISTRICT 6 -BEACH 2. Application of VIRGINIA BEACH CITY PUBLIC SCHOOLS/THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH for a Conditional Use Permit re a private sewage treatment system known as the "Living" Machine" at West Neck Road. DISTRICT 7 -PRINCESS ANNE Application of AGAPAE INTERNATIONAL CHURCH for a Modification of Conditional Use Permit (Condition #6) (approved by City Council on December 3, 1996 and modified February 12, 2008) to allow one modular unit to be on-site for an additional five (5) years at 2641 Princess Anne Road. DISTRICT 7 -PRINCESS ANNE 4. Application of WHITAKER PLACE, LLC/JACQUELINE BULLOCK GLASPIE/ MONICA JOHNSON SIMONS for a Change of Zoning_District Classification from R-7.5 Residential District to Conditional PD-H2 (A-12) Planned Unit Development Overlay and Apartment District at 467 and 473 North Witchduck Road. DISTRICT 4 - BAYSIDE 5. BREATHWAITE PLACE, LLC: (DISTRICT 2 - KEMPSVILLE) a. Application for a Change of Zoning District Classification from Conditional A-18 Apartment to PDH-2 (A-18) at Newtown Road and Rock Creek Lane. b. Ordinance to EXTEND compliance re closure of a portion of Newtown Road and Rock Creek Lane (approved by City Council on May 25, 2010) L. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ~**~~**~ If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 NATIONAL NIGHT OUT OCTOBER 4, 2011 Agenda 05/24/2011 gw www.vb oe v.corn -1- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 24, 2011 Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING re the ROSEMONT STRATEGIC GROWTH AREA in the City Council Conference Room, Tuesday, May 24, 2011, at 3:30 P.M. Council Members Present.• Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Absent.• None May 24, 2011 -a- CITY MANAGER `S BRIEFING ROSEMONT STRATEGIC GROWTH AREA (SGA) ITEM # 60936 3:30 P.M. Jack Whitney, Director of Planning, introduced Paul Ostergaard, Urban Design Associates. He and his staff, together with the City's staff and the community, are nearing the completion of the latest Strategic Growth Analysis Plan, Rosemont SGA. The staff is pleased with the progress. The Steering Committee was briefed yesterday and today. Avery well attended Workshop was conducted with the Planning Commission, and a Public Meeting shall be conducted this evening, May 24, 2011, 6.•30 P.M., Central Library. The PowerPoint, entitled "Phase 3 Presentation, Rosemont SGA'; was distributed. Paul Ostergaard advised Rosemont is the Middle Strategic Growth Area and is right in the middle of the City, just east of the Pembroke area. A Three Phase Process 1. Understanding: Figuring out what is going on 2. Exploring: Trying out some ideas 3. Deciding: Choosing what to do (All with broad based participation) Where are we today? 3. Deciding: Choosing what to do Three basic questions were asked of every participant in a series of meetings (Focus Group, Steering Committee, Interviews and Public Meetings). Three Questions: 1. What are the strengths 2. What are the weaknesses 3. What are the opportunities There was great attendance in the first round of meetings. Strengths of Rosemont 1. Nearby amenities: Mount Trashmore and Little Neck Bike Path 2. Library and civic institutions 3. Geographically central to the City 4. Low vacancies, investment in Loehmann's, Princess Anne Plaza and Collins Square S. Strong neighborhoods: Windsor Oaks, Windsor Woods, Thalia and Little Neck 6. Diverse and affordable retailers, including several grocers 7. Highest bus service level in City along Virginia Beach Boulevard 8. East-west routes of i~irginia Beach Boulevard and Bonney Road 9. Under-utilized land available for redevelopment 10. Low crime 11. Good Neighboring schools l2. Potential for Light Rail May 24, 2011 -3- CITY MANAGER `S BRIEFING ROSEMONT STRATEGIC GROWTHAREA (SGA) ITEM # 60936 (Continued) Groups were requested to ident~ the best places in the study area. Individuals enjoy the Loehmanns and Collins Square Shopping Centers. There were retail areas off to the East, as well, just outside of the Study Area, which were favored. Individuals were asked to ident~ the weaknesses of Rosemont. Weaknesses of Rosemont 1. Lack of identity or memorable places 2. Virginia Beach Boulevard and I-264 are barriers 3. Dangerous and confusing intersections, such as Rosemont/Bonney/I-264 and the Little Neck/Rosemont jog 4. Lack of pedestrian accommodation and no useable parks S. Car-oriented: parking lots and road travel lanes prevail 6. Deterioration of nearby housing stock and lower-end retail properties 7. Completely disconnected neighborhoods South of I-264 8. Poor transitions to northern neighborhoods 9. Lack of transit connections to the neighborhoods 10. Lack of adequate provisions for stormwater runoff 11. Condition of above and underground utilities Visions for Rosemont 1. Connect under and over I-264 2. Tame Virginia Beach Boulevard 3. Improve I-264 access 4. Make a reason for stopping here S. Increase land productivity 6. Establish a pedestrian and bicycle realm, connecting uses through trails and open space 7. Provide access to nearby open space amenities, such as Mt. Trashmore 8. Create functional open spaces that address recreational and stormwater management needs 9. Create multi-modal access from the Transit Station to neighborhoods, Mt. Trashmore and retail 10. Develop mid-rise mixed-use, mixed-income development ll. Make arterials, including South Plaza Trail and Rosemont safer and more pedestrian friendly Regional Projections 1. Virginia Beach's regional share of office and residential markets has begun to decline 2. Office Projections: 3. Residential Capture Projections: up to 3. S-Million square feet 17,000 - 30,000 new households by 2030 4. 59% of recent residential growth has been in 1 and 2 person households S. Only SO% of 30,000 new unit demand will be for detached single family homes; 25% will be for-sale townhouses and condominiums, and 25% will be rental apartments May 24, 2011 -4- CITY MANAGER `S BRIEFING ROSEMONT STRATEGIC GROWTHAREA (SGA) ITEM # 60936 (Continued) Rosemont Positioning 1. Rosemont is one of the few remaining places in the City ideal for capturing higher-density residential growth 2. Rosemont can become a "transit-ready" residential village, providing attainable housing that attracts young, well-educated households and Boomers looking to downsize 3. Key properties in Rosemont can be redeveloped into mixed-use environments, with community- serving retail and amenities 4. Large scale office development is not as desirable in Rosemont as it would directly compete with Pembroke and Town Center for office demand Development Program supported by Market Study Product Density/FAR ZOll - 2016 - 2021- 2026 - Total Land 2015 2020 2025 2030 Area Townhouses 12 - 14 210 440 530 555 1,735 124 - 145 Acres Mid-Rise 35 100 200 240 250 790 23 Condominiums Acres Mid-Rise 35 300 620 745 780 2,445 70 A artments Acres Reta i I .2 20, 000 41, 000 50, 000 52, 000 163, 000 19 Acres Office .5 0 0 0 0 0 0 Medical Office .5 0 0 0 0 0 0 May 24, 2011 -S- CITY MANAGER `S BRIEFING ROSEMONT STRATEGIC GROWTHAREA (SGA) ITEM # 60880 Market Potential Townhouses 1,750 units Mid-rise Condominiums 800 units Mid-rise Apartments 2,450 units Neighborhood Retail 165,000 sq. ft. Office 0 sq. ft. Assumes about 250 acres of redevelopment land Yield in Plan 825 units 600 units 1,430 units 285,000 sgft. 21 S, 000 sq. ft Assumes about 130.5 acres redeveloped Design Principles 1. Transition from strip commercial uses to mixed-use development that emphasizes townhouses and multi family residential 2. Create a new Neighborhood Center for Rosemont 3. Improve pedestrian and trail facilities to connect neighborhoods to potential future Transit and Neighborhood Centers 4. Create a new street and block structure to accommodate development and improve mobility S. Require sustainable development practices 6. Develop a set of design guidelines and standards for development of proper land use, streets and open spaces There is very little permeable surface area, only approximately 20% in the Study Area and those are the Green Zones depicted in the drawing. The topography map depicts the land form. I-264 is the great wall of Virginia Beach. There are two (2) gateways permitting travelers to move north/south (Rosemont and Plaza Trail). There are precious few intersections in the Study Area which tend to be backed up and more congested than in other parts of the surrounding City. There is a market demand that is growing for `for sale" townhouses, condominiums and rental apartments, basically the other `half of the residential market. Rosemont is one of the few remaining places in the City that is idea for capturing higher density residential growth. The SGA 's to the East are encumbered by Oceana air restrictions. Pembroke is a great reservoir for future residential. Virginia Beach is beginning to lose its share of offrce and residential market. It is slightly on the decline in the region, partially because of the limitation on just clean green sites in Virginia Beach. Redevelopment is becoming more of a priority. May 24, 2011 -6- CITY MANAGER `S BRIEFING ROSEMONT STRATEGIC GROWTHAREA (SGA) ITEM # 60936 (Continued Next Steps 1. Adoption Process for the Rosemont SGA plan 2. Revisit zoning and subdivision regulations to permit rebuilding of SGA's 3. Establish implementation and positioning strategy for all SGA's 4. Create necessary development entities to enable public and private investment S. Include Sentara Way Flyover into Capital Improvement Projects 6. Build remainder of Phase 1 public improvements in the Capital Improvement Program (CIP) 7. Conclude due diligence on LRT Station 8. Study feasibility and build Virginia Beach Boulevard into Capita Improvement Program (CIP) May 24, 2011 - 7- CITY MANAGER `S BRIEFING VIRGINIA BEACH CITY PUBLIC SCHOOLS Conditional Use Permit "Living Machine" 4:12 P.M. ITEM # 60937 Mayor Sessoms introduced Tony Arnold, Director, Schools Facilities, Planning and Construction. to present information re VIRGINIA BEACH CITY PUBLIC SCHOOLS Conditional Use Permit for On- Site Sewage Treatment Facility, "Living Machine ". Mr. Arnold introduced Mike Ross, Principal in charge with HBA Architects (designer for Kellam High School and Virginia Beach Middle School), Billy Almond -Land Planner with WPL. Billy performed the land planning for Kellam and Williams Farm and David Maciolek, Principal Engineer, Aqua Nova Engineering, PLC, Charlottesville, Virginia. Mr. Maciolek is the designer of record for the "Living Machine': Tony Arnold advised re the Kellam project: In the past two or three months, ground has been broken on West Neck Road re an early release site package back in February. The budget for the site package was just under $5-Million and the award was $3.3-Million. This includes the pad, about 2, 000 feet of widening of West Neck Road to four (4) lanes, along the frontage of Kellam High School, The pad is actually in and was completed about forty (40) days ahead of schedule. May 24, 2011 -8- CITY MANAGER `S BRIEFING VIRGINIA BEACH CITY PUBLIC SCHOOLS Conditional Use Permit "Living Machine" ITEM # 60937 (Continued) Mr. Arnold advised the City is now waiting for Virginia Power to relocate overhead facilities underground. The building package is scheduled to advertise `for bid" on May 29, 2011. Nine (9) general contractors have prequalified to bid the project. The Kellam building is designed as the Eighth Leed Certified (Platinum). This "Living Machine " is an extension of Kellam and a tremendous teaching "tool " for the students. There will be a filtration and disinfection system that will be filtering and disinfecting it and stored in a tank prior to being pumped into the building for toilet flushing. On the Kellam site, the "Living Machine " has been located on the in-drive, (between band practice and the softball field). The "Living Machine" does not take up very much space. The staff has tried to incorporate this entryway in such a way, individuals walk through it with the sidewalk as you come into this area. Wastewater will be collected from about two-thirds of the school. What is not collected still goes to the sewer; and, if there is any problem with the machine, it will automatically overflow to the sewer from the primary treatment tank. David Maciolek, P.E. -Aqua Nova Engineering, PLC, advised he has been the Senior Engineer for the "Living Machines "group for about ten (10) years. He has been involved in the design of approximately 20 "Living Machine "systems throughout the United States and the World. Mr.Maciolek advised this is an ecological treatment process; therefore, the concept of a tidal weapon was utilized. The cost will be approximately $500,000. The mechanical portion of the system, maintaining the plants, pumping the sewage on an annualized basis is approximately $8, D00. The larger costs entail monitoring and testing. For reclaimed water in the State of Virginia re toilet flushing, it has to be Class B reclaimed water which is tested three (3) times per week. Part of the cost entails training the operators. May 24, 2011 -9- CITY MANAGER `S BRIEFING VIRGINL4 BEACH CITY PUBLIC SCHOOLS Conditional Use Permit "Living Machine" ITEM # 60937 (Continued) This is an ecological treatment process really suited for onsite waste water or water recycling. Because of the intelligent design, it is extremely low energy, utilizing more natural forces and bringing the oxygen into your system. Mr. Maciolek advised Councilman Wood that the next generation Living Machine depicted is basically a septic tank. Mike Ross, Engineer - HBR Architects, advised this is pumped every two to three io~usehold. ___ _ k~,~,~. ,._ ~__ . ~a ~- tea= ~ ~ ~ n.~,,,,~.--., ''~~~ ~' ro °~ ' '.~ L°IYING ' ~' '~a,.~" ; ~~• 'r MACHINE ~„ '~ ~ 1z ~ ` n v . ~, ,„ .~ ; ~ ~j i ' ~t '7 . '~' ~ ~ ~ i a< 1' r ~ -aa ~~ ~, t i( , ~ ,~: ~~?, , ~,r% i~,~,r "~, ~~ , u~~~~?' I l ttt wM \'tctnra Park \ inc pttial Suc flan ~ ' ~ ~IR01NtA 6EAGN CITY PUIU'€ SCN(J Kellam High School Replacement ~ ° ' ` May 24, 2011 -10- CITY MANAGER `S BRIEFING VIRGINIA BEACH CITY PUBLIC SCHOOLS Conditional Use Permit for On-Site Sewage Treatment Facility "Living Machine" ITEM # 60937 (Continued) Mr. Ross advised this system was size based on the amount of water needed to flush the toilets. There is a cost for additional maintenance. Mr. Maciolek, displayed an example of a system for a private school, Old Trail School, in Akron, Ohio. Ln Guilford County, North Carolina, Northern Middle and High Schools, the system has a large Stage One Wetlands, in need of a Stage Two Wetlands. This system is utilizing the wastewater to irrigate the ball. fields on the School site. May 24, 2011 -11- CITY MANAGER `S BRIEFING VIRGINIA BEACH CITY PUBLIC SCHOOLS Conditional Use Permit for On-Site Sewage Treatment Facility "Living Machine" ITEM # 60937 (Continued) The system at the Esalen Institute in Big Sur, California, a retreat system that was designed on a strip of land just hanging on a cliff over the Ocean. (eff cient and also aesthetically attractive) The Port of Portland chose to recycle all of the wastewater from their new headquarters building whit°h is located at the Portland International Airport. This was accomplished with a low machine system, partly inside the lobby, with a portion wrapping outside the entry of the building. The wastewater recycling system is th May 24, 2011 -12- CITY COUNCILCOMMENTS 4:56 P.M. ITEM # 60938 Councilman Wood distributed: Resolution requesting the Beaches and Waterways Advisory Commission study Dredge Spoils Removal and Transfer Stations. Councilman Wood advised he and Vice Mayor Jones had met with a member of the State Delegation, this morning who represents this particular area. Councilman Wood wishes this item reviewed and can be SCHEDULED for the City Council Session of June 14, 2011, if City Council desires. ITEM # 60939 Councilman Davis advised the $1-MILLION is explicit, not only through the Reconciliation Letter and discussions but the Ordinance adopted on May 10, 2011. Councilman Davis believes the City Council has approved the $1-MILLION. It can be made $1.8-MILLION. Council Lady Wilson concurred with Councilman Davis. Councilman Davis advised the Reconciliation Letter makes reference to two (2) items; the first item is the 1. S% to 2.5% increase in the pay. Attorney Mark Stiles advised all of these funds are contained and appropriated within the Reserve for Contingencies. Attorney Stiles does not believe City Council needs to take another vote; however, if City Council wishes to give d~erent direction, it certainly has the right. As a result of the $1-MILLION referenced in the Reconciliation Letter, another $1-MILLION was shown in the Transfer to the Reserve for Contingencies. Those were additional funds appropriated by the City Council for that purpose. Mayor Sessoms advised the appropriation is there, and there could be further guidance along these lines. Catheryn Whitesell, Director of Management Services, advised the $1.8-MILLION is reappropriated in the Salary Reserve and available for expenditure without further City Council action. This was contained within the Ordinances ADOPTED on May 10, 2011. However, the staff needs to have clear guidance from the City Council. The numbers changed according to the spreadsheet that was attached to the letter. The letter is designed to provide an explanation of the "number changes ". May 24, 2011 -13- AGENDA REVIEW SESSION ITEM # 60940 1. Ordinances re the Ciry Code: a. ADD Sections 5-103 and 5-104 re the creation of the Animal Control Unit Advisory Board (requested by Councilman DeSteph) Since Speakers have registered, this item will be discussed during the Formal Session. ITEM # 60941 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinances re the City Code: b. AMEND Sections 2-268, Articles I and III of Chapter 37 of the City Code re the cross-connection control, backflow prevention and the duties of the Director of Public Utilities; and, ADOPT the Cross-Connection Control and Backflow Prevention Policy c. REPEAL Sections 6-110 and 21-251 and AMEND Sections 23-63 through 23-72 re noise re Beaches, Boats, Waterways, Motor Vehicle and Traffic Code d. AMEND Sections 28-65, 28-66, 28-70, 28-76, 28-78, 28-79 and 28-81 and ADD Sections 28-70-1 and 28-81.1 re the public sewer system and civil penalties for violations of certain ordinances governing the use of the public sewer system 2. Ordinance to provide the tax levy on real estate for properties in the Virginia Landmarks Register for FY 2012. (requested by Council Lady Wilson and Councilman Davis) 3. Ordinances to AUTHORIZE: a. acquisition of property for rights-of--way and permanent drainage easements, either by agreement or condemnation, for BEACH GARDEN PARK - KILBOURNE COURT/HOLLYROAD right-of-way improvements b. acquisition of an Agriculture Land Preservation (ARP) easement to James L. and Phyllis N. Styron at 5341 Morris Neck Road. (District 7 -Princess Anne) c. City Manager to enter into a Lease for Summer 2011 and the next four Summers with Dolphin Run Condominium Association, Inc. at 3sD Street and Atlantic Avenue re an overflow parking lot for registered guests (District 6 -Beach) d. City Manager to EXECUTE a Lease with BMZ USA, INC. re commercial property at 2656 Lishelle Place (District 6 -Beach) May 24, 2011 -14- AGENDA REVIEW SESSION ITEM # 60941 (Continued) 4. Ordinance to DECLARE EXCESS City property at 1732 Virginia Beach Boulevard and AUTHORIZE the City Manager to sell the property to Sakkadas Enterprises, Inc. S. Resolution re an AWARD $708,746 in Economic Development Investment Program (EDIP) funds to BMZ USA, Inc. by the Development Authority re expenses associated with retrofitting the building at 2656 Lishelle Place (District 6 -Beach) 6. Resolution to ESTABLISH a Process Improvement Steering Committee to gather information re the broad range of issues to improve government processes and communication with citizens (requested by the Mayor, Vice Mayor and Council Members Bellitto, Davis, DeSteph, Diezel, Dyer, Uhrin, Wilson and Wood) 7. Ordinance to REDEFINE the HNP Field Automation Analysis, including the purchase of computer equipment and related peripheral equipment, re Code enforcement in Housing and Neighborhood Preservation 8. Ordinances to ACCEPT and APPROPRIATE: a. $150, D00 grant funds re Pedestrian System Improvements -Phase 1 to reimburse the City for a portion of construction costs for Providence Road overpass sidewalk b. $208, 695 in State grant funds to reimburse the City for land acquisition adjacent to the Adam Thoroughgood House c. $43, 671 from the United States Homeland Security to the Fire Department 's FY 2010-I1 Operating Budget re Virginia Task Force 2 Urban Search and Rescue, including canine d. $15,000 from the United States Homeland Security through the Virginia Department of Emergency Management to the Police Department's FY 2010- 11 Operating Budget re terrorism detection e. $100, 000 as a State grant re funding a portion of the design and construction of Marshview Trail f. $61,110 from Hazard Mitigation grant funds re Auxiliary Power program for sewer pump stations -Phase III g. $4, 584, 053 from the School Instructional Technology Fund to purchase electronic White Boards for secondary schools and replace outdated classroom equipment May 24, 2011 -IS- AGENDA REVIEW SESSION ITEM # 60941 (Continued) 9. Ordinance to TRANSFER $230, 754 from Reserve for Contingencies to Mass Transit Operations' FY 2010-11 Operating Budget re a true-up reimbursement to Hampton Roads Transit (HRT) Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), re Item J.4. (City Council 's discussion and vote on the Ordinance to DECLARE EXCESS City property at 1732 Virginia Beach Boulevard and A UTHORIZE the City Manager to sell the property to Sakkadas Enterprises, Inc. Mayor Sessoms has a personal interest in this transaction because he is an Officer of TowneBank, which is located at 297 Constitution Drive in Virginia Beach. Sakkadas Enterprises wishes to combine the City's parcel with one it will purchase from TowneBank and then develop the combined parcels for Elite Motors, an automobile sales dealership. Mayor Sessoms wishes to disclose this interest and abstain from voting. Mayor Sessoms 'correspondence of May 24, 2011, is hereby made a part of the record. Council Lady Wilson DISCLOSED pursuant to Section 2.2-311 S(H), re Item J.9. (City Council 's discussion and vote on the Ordinance to TRANSFER $230, 754 from the Reserve for Contingencies to Mass Transit Operations' FY 2010-II Operating Budget for the purpose of paying atrue-up reimbursement to Hampton Roads Transit ("HRT'). Council Lady Wilson's husband is a principal in the accounting firm of Goodman and Company, that provides services to HRT. Her husband does not personally provide services to HRT. The City Attorney's office has advised she may participate without restriction in City Council's discussion of and vote, re the application upon disclosure of this interest. Council Lady Wilson 's correspondence of May 24, 2011, is hereby made a part of the record. May 24, 2011 -16- AGENDA REVIEW SESSION ITEM # 60942 (Continued) BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING Variance to ,¢4.4(b) of the Subdivision Zoning Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for CHARLES PAYNE re the development of single family dwellings at 800 Terrace Avenue. DISTRICT 6 -BEACH 2. Application of VIRGINIA BEACH CITY PUBLIC SCHOOLS/THE SCHOOL BOARD OF THE CITY OF VIRGINL4 BEACH for a Conditional Use Permit re a private sewage treatment system known as the "Living" Machine" at West Neck Road. DISTRICT 7 -PRINCESS ANNE 3. Application of AGAPAE INTERNATIONAL CHURCH for a Modification off' Conditional Use Permit (Condition #6) (approved by City Council on December 3, 1996, and modified February 12, 2008) to allow one modular unit to be on-site for an additional frve (S) years at 2641 Princess Anne Road. DISTRICT 7 -PRINCESS ANNE 4. Application of WHITAKER PLACE, LLC/JACQUELINE BULLOCK GLASPIE/ MONICA JOHNSON SIMONS for a Change o Zoning District Classification from R-7.S Residential District to Conditional PD-H2 (A-12) Planned Unit Development Overlay and Apartment District at 467 and 473 North Witchduck Road. DISTRICT 4 - BAYSIDE 5. BREATHWAITE PLACE, LLC: (DISTRICT 2 - KEMPSVILLE) a. Application for a Change of Zoning District Classi ication from Conditional A- 18Apartment to PDH-2 (A-18) at Newtown Road and Rock Creek Lane. b. Ordinance to EXTEND compliance re closure of a portion of Newtown Road and Rock Creek Lane (approved by City Council on May 25, 2010) May 24, 2011 -17- ITEM # 60943 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property.• Beach District Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:25 P. M. May 24, 2011 -18- ITEM # 60943 (Continued) Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood. Council Members Voting Nay.• None Council Members Absent: None (Closed Session: 5:35 P.M. - 5:50 P. M.) (Break: 5:25 P.M. - S: 35 P.M.) May 24, 2011 -19- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL May 24, 2011 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINL9 BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 24, 2011, 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, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: None INVOCATION: Vice Mayor PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is his practice to thoroughly review each City Council agenda to ident~ 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. May 24, 2011 -20- Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a `personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of 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 aff liated 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 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 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. May 24, 2011 -21- Item - i~ E.1 CERTIFICATION ITEM # 60944 Upon motion by Councilman Wood, seconded by Councilman Dyer, 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 Session were heard, discussed or considered by Virginia Beach City Council. Voting.• 11-0 Council Members Voting Aye: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 24, 2011 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 #60943, Page 17, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. uth Hodges Fraser, MMC City Clerk May 24, 2011 -22- Item V-F.1 ITEM # 60945 Upon motion by Councilman Dyer, seconded by Councilman Wood, Ciry Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of April 2l, 2011, at GREEN R UN HIGH SCHOOL FOR A PUBLIC HEARING: re the FY 2011-2012 RESOURCE MANAGEMENT PLAN (Budget). Voting.• 10-0 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Rita Sweet Bellitto Council Members Absent.• None Council Lady Bellitto ABSTAINED, as she was not in attendance during the SPECIAL FORMAL SESSION on Apri121, 2011. She was out of town visiting family. May 24, 2011 -23- Item v F.2. ITEM # 60946 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of May 10, 2011. Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent. None May 24, 2011 -24- Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 60947 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 24, 2011 -2s- Item V-H.1. ITEM # 60948 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASES OF CITY-OWNED PROPERTY.• a. 2656 Lishelle Place b. 3'd Street and Atlantic Avenue There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING May 24, 2011 -26- Item V-H.2. ITEM # 60949 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS PROPERTY 1732 Virginia Beach Boulevard There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING May 24, 2011 -27- Item V-H.3. ITEM # 60950 Mayor Sessoms DECLARED A PUBLIC HEARING.• BEACH GARDEN PARK - KILBOURNE COURT/HOLLY ROAD Right-of-Way Improvements Acquisition by Agreement or Condemnation The following registered to speak. Hester Brinster, 2716 Manoomin Place, resident, Phone: 757 425-6816, registered in OPPOSITION, resident. The condemnation and extensive work being done will further damage the wetlands in the area. Steve Grim, 2720 Manoomin, Phone: 714-4051, President -Holy Bend Condo Association. Generally speaking as a group, the project is supported to raise the road and raise the bridge in the Beach Garden Park. Their only concern is the "taking of their property "for approximately one (1) year. This is currently under negotiation; however, the City has made an offer which does not cover replacement of the existing sign on the corner, nor does it recover the extensive landscaping or the two (2) thirty-foot Holly Trees. Funds offered for six (6) parking spaces does not meet the grade. Mr. Grim requested the City not condemn this property, with no questions, until negotiations are completed. Mayor Sessoms CLOSED THE PUBLIC HEARING May 24, 2011 -28- Item V-H.4. ITEM # 60951 Mayor Sessoms DECLARED A PUBLIC HEARING: INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easements 1646 Princess Anne Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING May 24, 2011 -29- Item V.J. ORDINANCES/RESOLUTIONS ITEM # 60952 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE , MOTION, Items Jlb./c/d, 2, 3b/c/d, 4,5,6,7, 8a-g and 9 of the CONSENTAGENDA. Item J.3.a (DEFERRED for two weeks City Council Session of 06/l4/2011) (BEACH GARDEN PARK-KILBOURNE COURT/HOLLYROAD right-of-way improvements) Item J.3.c. (Condition shall be ADDED) Voting: 11-0 (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, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None Councilman DeSteph VERBALLY ABSTAINED on Item J.3.b (acquisition of an Agriculture Land Preservation (ARP) easement to James L. and Phyllis N. Styron at 5341 Morris Neck Road) Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), re Item J.4. (City Council's discussion and vote on the Ordinance to DECLARE EXCESS City property at 1732 Virginia Beach Boulevard and AUTHORIZE the City Manager to sell the property to Sakkadas Enterprises, Inc. Mayor Sessoms has a personal interest in this transaction because he is an Off cer of TowneBank, which is located at 297 Constitution Drive in Virginia Beach. Sakkadas Enterprises wishes to combine the City's parcel with one it will purchase from TowneBank and then develop the combined parcels for F,lite Motors, an automobile sales dealership. Mayor Sessoms wishes to disclose this interest and abstain from voting. Mayor Sessoms' correspondence of May 24, 2011, is hereby made a part of the record. Council Lady Wilson DISCLOSED pursuant to Section 2.2-3115(H), re Item J.9. (City Council's discussion and vote on the Ordinance to TRANSFER $230, 754 from the Reserve for Contingencies to Mass Transit Operations FY 2010-11 Operating Budget for the purpose of paying atrue-up reirnbursement to Hampton Roads Transit ("HRT"). Council Lady Wilson's husband is a principal in the accounting firm of Goodman and Company, that provides services to HRT. Her husband does not personally provide services to HRT. The City Attorney's office has advised she may participate without restriction in City Council's discussion of and vote, re the application upon disclosure of this interest. Council Lady Wilson 's correspondence of May 24, 2011, is hereby made a part of the record. May 24, 2011 Item V.J.l.a. -30- ITEM # 60953 The following registered to speak in SUPPORT of Councilman DeSteph's Ordinance: The following registered in SUPPORT: Elaine Swartz, 5433 Hunt Club Drive, Phone: 473-3292, an Animal Rights Activist, but not a member of any recognized animal rescue in the Hampton Roads area. "We all need oversight. Every company in the United States has a type of oversight Board. " Oversight by City Council is an excellent idea. Bobbi Grible, 820 Jennings Street, Phone: 420-7677, is concerned that the very group providing oversight is actually appointed by the Police and then report to the Police. In a situation of true oversight, it is sensible to report to the City Council. Karen Downs, Volunteer with Friends of Virginia Beach, an Animal Care and Adoption Center, 233 Greenwood Lane, Phone: 810-0900. This group was formed in 2006 to assist the animals at the Municipal Shelter. Ms. Downs expressed appreciation for appropriation of funds for the new Animal Shelter. Mrs. Downs statement is hereby made a part of the record. Allen Cheek, 2261 Willow Oaks Court, Unit 309, Phone: 222-8553, Board Member representing interest in the Virginia Beach SPCA. Mr. Cheek extended full support for the creation of an Animal Services Advisory Board, as presented by Councilman DeSteph. Mr. Cheek believes this Advisory Board should report directly to the City Council and not the Police Department or Animal Control and have the name: Animal Services Advisory Board. James Frost, 2240 Windom Place, Phone: 343-6768, distributed a photo of a cat named Adora. She was taken by Animal Control January 25, 2004. When her home was invaded, he was perfectly healthy and sociable. While in the care of the Animal Hospital, she developed conjunctivitis (virus of the eye). The Veterinarian in charge of her control neglected her. She said the cat growled. Adora's eye had to be removed. FOIA requests were incorporated in Mr. Frost's information. Layne B. Brett, 2492 North Landing Road #106, Phone: 641-1193, President -South Hampton Roads Veterinarians 'Association, Member -State Board Virginia Veterinarian Medical Association, spoke in SUPPORT of Councilman DeSteph's Ordinance and has met with Police Chief Cervera. who is very capable and caring. Sharon Adams, Phone: 427-0737, SPCA, Chair of the Virginia Alliance for Animal Shelters, spoke in SUPPORT of Councilman DeSteph's Ordinance. Ms. Adams has been with the SPCA since 1992. Mark Honaker, 2753 NestleBrook Trail, owner of Bay Beach Veterinarian Hospital. A MOTION was made by Councilman DeSteph, seconded by Councilman Diezel, to ADOPT: Ordinance re the City Code: a. ADDING Sections 5-103 and 5-104 re the creation of the Animal Control Unit Advisory Board (requested by Councilman DeSteph) May 24, 2011 -31- Item V.J.l.a. ITEM # 60953 (Continued) Voting: 4-7 (DENIED LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill " DeSteph, Harry E. Diezel and Robert M. Dyer Council Members Voting Nay: Glenn R. Davis, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None May 24, 2011 -32- Item V.J.l.b/c/d. ORDINANCES/RESOLUTIONS ITEM # 60954 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinances re the City Code: AMENDED Sections 2-268, Articles I and III of Chapter 37 of the City Code re the cross-connection control, backflow prevention and the duties of the Director of Public Utilities the Cross-Connection Control and Backflow Prevention Policy REPEALED Sections 6-110 and 21-251 and AMENDED Sections 23-63 through 23-72 re noise re Beaches, Boats, Waterways, Motor Vehicle and Traffic Code AMENDED Sections 28-65, 28-66, 28-70, 28-76, 28-78, 28-79 and 28- 81 and ADDED Sections 28-70-1 and 28-81.1 re the public sewer system and civil penalties for violations of certain ordinances governing the use of the public sewer system Voting.• I1-0 (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, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 24, 2011 1 AN ORDINANCE TO AMEND SECTION 2-268 AND 2 ARTICLES I AND III OF CHAPTER 37 OF THE CITY 3 CODE, PERTAINING TO CROSS-CONNECTION 4 CONTROL AND BACKFLOW PREVENTION AND DUTIES 5 OF THE DIRECTOR OF PUBLIC UTILITIES, AND 6 ADOPTING THE CROSS-CONNECTION CONTROL AND 7 BACKFLOW PREVENTION POLICY 8 Sections Amended: City Code Sections 2-268, 37-1, 37- 9 17.1, 37-68, 37-69, 37-70, 37-71 10 Section Added: City Code Section 37-72.1 11 Sections Repealed: City Code Sections 37-74 though 37-86 12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 That Sections 2-268, 37-1, 37-17.1, 37-68, 37-69, 37-70, 37-71 of the City Code 15 are hereby amended, Section 37-72,1 of the City Code is hereby added, and Sections 16 37-74 through 37-86 of the City Code are hereby repealed, to read as follows: 17 18 CHAPTER 2. ADMINISTRATION 19 .... 20 ARTICLE VIII. DEPARTMENT OF PUBLIC WORKS 21 .... 22 Sec. 2-268. Composition, functions, etc., of engineering division. 23 (a) The engineering division of the department of public works, subject to the 24 supervision and control of the director of public works, shall be headed by the city 25 engineer, who shall be a civil engineer, shall have a thorough knowledge of municipal 26 engineering and shall be charged with maintaining official technical records of all 27 streets, highways and other public properties, ~ ; 28 providing engineering plans, drawings, specifications and supervision for all 29 construction and maintenance work where required; providing or reviewing all technical 30 information for contracts submitted for public works afl operations or 31 construction; and providing engineering services and supervision to the city as may be 32 prescribed. 33 .... 34 .... 35 CHAPTER 37. WATER SUPPLY 36 ARTICLE I. IN GENERAL 37 Sec. 37-1. Definitions. 38 Consumer.' Any person to whom water from the city water system is supplied 39 directly, either as owner, agent or tenant of the premises to which water service is 40 provided stied through a city meter, and who is ~ +~e*~ responsible for the 41 payment of charges for the consumption of water so supplied. 42 Director. The director of public utilities or his designee. 43 .... 44 Sec. 37-17.1. Ultra low-flush toilets; rebates. 45 .... 46 (d) The following requirements shall be met in order for any person to receive 47 a rebate: 48 (1) A plumbing permit has been obtained from the permits and inspections 49 division of the department of I+s lannin prior to the removal of 50 the existing toilet and the installation of the ultra low-flush toilet; 51 (2) The permits and inspections division of the department of 52 lannin has verified that all applicable requirements of law pertaining to 53 such installation have been met and that the replacement toilet is 54 designed to use no more than one and six-tenth (1.6) gallons of water per 55 flush; 56 .... 57 58 ARTICLE III. CROSS-CONNECTION CONTROL AND BACKFLOW PREVENTION 59 Sec.37-68. Definitions. 60 For the purposes of this chapter, the following words and phrases shall have the 61 meanings respectively ascribed to them by this section: 62 .... 2 63 64 Director: The director of public wer~s ^f +~on~r-afld- utilities or his ~a ~~~ 65 aQe#s designee. 66 67 .... 68 69 Sec. 37-69. Objectives of article. 70 71 The objectives of this article are to: 72 73 (1) Protect the 74 ,public health, safety, and welfare through a 75 cross-connection control and backflow prevention program intended 76 to prevent the potential or actual occurrence where a backflow 77 backpressure condition, or cross connection within piping or other 78 ortions of a sue' consumers' mate op table water systems; 79 could allow the entry of contaminants or pollutants , 80 81 sen^,,~ into the public water system-i 82 83 (2) Eliminate or control existing cross-connections, actual or potential, 84 at each water outlet from the consumer's service line..-i 85 86 (3) Provide a continuing inspection program of cross-connection 87 control which will systematically and effectively control all actual or 88 potential cross-connections which may be installed in the future..-i 89 and 90 91 (4) Comply with all applicable regulations of the Commonwealth of 92 Virginia pertaining to cross-connection control and backflow 93 prevention. 94 Sec. 37-70. ~l~a~+ens e~a~tisle Prohibited connections. 95 96 97 98 99 100 . 101 3 102 , 103 104 105 ~a) No person shall install or maintain a water service connection to anv 106 premises where cross-connections to a waterworks or a consumer's water system may 107 exist, unless such cross-connections are in compliance with this article and approved by 108 the director in accordance with the written policies of the department of public utilities. 109 110 (b) No person shall install or maintain anv connection that may allow water 111 from an auxiliary water system to enter a waterworks or consumer's water system 112 unless the auxiliary water system, the method of connection and the use of such system 113 are incompliance with this article and approved by the director in accordance with the 114 written policies of the department of public utilities 115 116 Sec. 37-71. 117 w Maintenance and inspection of backflow prevention devices. 118 {a} ~ , 119 , 120 121 122 123 124 125 ~ ' 126 a~e~ate~-s~s~°~,-a,Td--i f "~° ~•~°+e~~;i~,T The consumer, at his own 127 expense, shall install, operate, test and maintain approved backflow prevention devices, 128 as directed by the department of public weeks utilities. It shall be the duty of the 129 consumer to have such devices inspected at least (ann~u~all~ orl ^^^r° ^~+°^ 13 0 ~~-#1~es~e-+~s~a~ ces ~ ~ er~s~ti erJ J~~{~'TrsFcs#+e ;j-,Q;Z,~ f TdTGaZGV at such q re ate r 131 frequency as the director may deem necessary. ~2S@ Such inspections w+ll shall be 132 ewe performed by a certified backflow prevention device worker +°~+°r ^f +"° ^;+., or other 133 qualified person approved by the director. The consumer shall maintain accurate 134 records of tests and repairs made to backflow prevention devices and provide the s+#y 135 director with copies of such records. The records shall be on forms approved or 136 provided by the s~#y--director. In the event of accidental pollution or contamination of the 137 public or consumer's potable water system, due to backflow on or from the consumer's 138 premises, the owner shall promptly take steps to confine further spread of the pollution 139 of contamination within the consumer's premises, and shall immediately notify the s+#y 140 director of the hazardous condition. 4 141 Sec. 37-72. Inspections; notice to correct defects. 142 143 (a) The director shall have the right of entry into any building, during 144 reasonable hours, for the purpose of making inspections of the water distribution system 145 installed in such building or premise. The owner or occupant may accompany the 146 inspector while this inspection is being made. 147 148 ~} , 149 ~~d+tiera-s-~e-##e-~Ea~ats+ags, ~ ^~' +"~ ~ ~~~„~er~.~-r°~;Ter~er~sr-~,Qe~ 150 , 151 pn°roYe'cYFe ~ r~~°.°sCtl~-te~}' ~~ r~ ~r ho ~+hon~~i~ruc°-iTretle6+i~~~. v~a~+T~R 152 153 154 {-~} ~ All new construction plans and specifications for commercial 155 buildings shall be made available to the director and building codes administrator to 156 determine the degree of hazard of possible cross-connections. 157 158 (d-} ~c , An on-site inspection of all existing buildings will be made to 159 determine the degree of hazard to the public peta~le water system. If an unauthorized 160 cross-connection is found, either actual or potential, the director shall ' 161 162 , 163 164 , 165 , 166 ' 167 proceed in accordance with the provisions of Section 37-72.1. 168 169 Sec. 37-72.1. Violations. 170 1a) Whenever the director determines that a violation of this article exists, 171 he shall cause a notice of violation to be provided to the consumer at the premises at 172 which the violation exists. Such notice may be mailed to the address of the 173 consumer shown on the records of the department of public utilities or personally 174 served upon the consumer. The notice shall be signed by the director, and may 175 require any or all of the following actions to be completed by a date certain, which 176 date shall, except in circumstances deemed by the director to constitute an imminent 177 and substantial endangerment to public health, be not less than fourteen (14) 178 calendar days from the date the notice was issued: (i) the ~e cessation or 179 correction of the violation; (ii) the acquisition and installation of additional material 180 equipment, supplies or personnel to ensure that the violation does not recur (iii) the 5 181 submission of a certified plan to prevent future violations, which plan shall be 182 prepared by a professional engineer licensed to practice in the Commonwealth of 183 Virginia; or (iv) any other corrective action deemed necessary for compliance with 184 this article. 185 (b) In the event the owner or occupant fails to comply with the terms of a 186 notice of violation, the director may cause water service to the premises to be 187 terminated. Where a violation constitutes an imminent and substantial 188 endangerment to public health, the director shall terminate water service. The cost 189 of a+l disconnection and reconnection shall be paid by the consumer prior to 190 restoration of water service to the premises. 191 (c) In addition to disconnection of water service as set forth in this section 192 and not in lieu thereof, a violation of any of the provisions of this article shall be 193 punishable by a fine in an amount not exceeding Two Thousand, Five Hundred 194 Dollars ($2,500.00) or may be enjoined by a court of competent jurisdiction upon 195 application of the director, either or both 196 197 Sec. 37-73. General design, installation and maintenance standards for potable 198 water supply systems Cross-Connection Control and Backflow Prevention Policy. 199 2 0 0 ~efa#I'e-~afe~-s-sb h° ~ ~~ ; Cti~1't~tAi7e~ ^ n rl m •. i n+•. i n orl~a~1'r'Ct 201 ' 202 ~ , 203 . 204 205 206 , 207 . 208 ,~ , 209 210 , 211 212 ~+reste~ 213 214 Potable water supply systems shall conform to the standards and specifications 215 of the Department of Public Utilities Cross-Connection Control and Backflow Prevention 216 Policy (May 2011), which Policy, including any future amendments thereto is hereby 217 adopted and incorporated by reference into this article. In the event of a conflict 218 between the provisions of such Policy and applicable provisions of the Virginia Uniform 219 Statewide Building Code or Virginia Waterworks Regulations, the provisions of the 220 Building Code or Waterworks Regulations, as the case may be, shall apply. 221 222 223 Ses. ~~4--Req~+~e~--~a.,~.,~ .,.,,~ ~ao~f~.~~;,z•-e~#+e,~a°~.;s~ gep°~T 224 (RESERVED). 225 226 227 228 TA~~.rl~c~~ 229 Vino "f ~o. i i r•G V'TQ~~~C~ e~ ~6Rf~26tf9f~ Alnnn ~ _ ~ ~i-e~ ~ rock btiCblt ~ ~ I~+r ~~ ~614~1@1AF - ~~ea~<<er - p~ea~iea-- ~--~pY~S~a7n~ - '~ Almon+~n~ _ s~b~~a~ee- - - ~ ~ h C+o7_m linos _nrl -rJ-~cccrnT-m'iGT~'1"fa - ~ieaf~}-~v„eFS - - - ~-vvn'ric°-rr-9~--$~eai" -rr'~i F,,ofl~e6~+0fl-~9-~v - - - -~~;T°~-Qr~team - - ~ ~ 7 A QG~C'~FGTJFT~- - - + I ~~~+Z~fl'1"1 n~i ~~'fT~L ~~ ihion+ +n honLnro~~~ irn - vus~cv~ cv arc rl~ ~o +n ~e..~c~+n line - - - - ~}^~~~~~~\ uvn-rTnc ~ `°PPF9~'~~ - - -~~ °ci cv ~ ~'ti'v'a+~? - YY- - - Y~ ~n+n ~c n~~ ~ mrt ~ ~ ~tC v J rnui g Y'~ a- ~~"vv irri~--~v -~ttl~ e. n~ J ~ ~ ~v/ Y't ~v/ Tf . -vviia "-v rr-favnCt~ LicorJ oo hn.~+ nvnhonnoro in nmm~rnccnro r~Innn~~nr~ nr vvr ~ eTr'F r o n ~ i i ,~~ - - 1 In +nvin -r.-~nZV~crv ~~~~i~6E.'S - - - - ~- '~ In nnn+nvin z-. rrr-~TCV~crv Cli soh v.~+h.n ~ - ~~ _ _ - ~- +,,~,~~,, Tnilo+ ~nr1 ~ irin•+I tAtiTcJ- - Y'~ _ _ V V - ') Tnvin ci ~hc4nnnoc I I v I ~ I - Y ~-rv~crv-vasrm~n~.r Y~ Y~ 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 7 Alnr~fnvin v v v c ~ ovc°-r~vc°. - Yom- - ~ Y~ YY- (Reserved). /o\ Aln n n ~h-~II in c•+~II nr m~in4~in ~ ~ei~Fnr ~o nnn nnnn +inn fn env ~errs~un--rrrs cr-•rc~-ra~wrTrTe6 i s~e~ (Reserved). s~e~-: 9 253 Ses. ~~~Rr~~es#+v~e-de~is~es-#~; {~~^ c••°*°^'•c (Reserved). 254 255 r}nr f nn nnnn }inns }n n}hor ~~io} nnlioe nn nn}ifrnn .~zvr~~e-I,r, ,Irv-~vnrre6rrvrra-iv--vcrrcr-vvuceF~ppnc~~rrmrcceF 257 6~ef~}f6~~~d~°'~ +n }hn fir~j•~~ m nnrl nll ~nrinLln~c~S~j~~~pF~e 258 ~ y ~ y , ,7 "' 259 }~Jtl-t~{~rJt~t1-bt't°nL •inl•in }n Lnpp }ho cnrinLlor o•io}om fillorl n} nll }imno 260 "h' 261 /h\ In ~•io+o omm~ nc r~~-~ +n in of ~heon}inn /~\ nvnnn} }ham} ~v~ --rr~ ~~rccF~ ~l~rrrc--av-r Zv-n,-~av~cvnvrr~u~cnvcpZ-crrai 262 , 263 264 265 266 ( , 267 , 268 , 269 270 271 272 / i } ~•iin rlirn } n }ho ~~i..} imil~+r }n }hnen 7 Td~ ~y,ste~-s k~~„~~~~6~s~e~-~e6#+er~s--~o--R,~-~~er~ve~~ ~~ 274 , 275 ~~~~}~ ~p~~~ , 276 YCtttr-~-`^" y`^r', , -~Buvli~6~e6L •~-ca'TVe-~S°7 hI•i nr aim-ancviv~ 277 , 278 279 ^nnrn•iorJ ~einfor o~ innhi rnn~ iiroc of}hor of }hn fiein M~ monh~+nin•+I rln•iinno 280 281 ~~~ir ~+ c h~~ } }in r.c }~ }ham ~~i }o ein rLc n.~ rrre-~ rel~~ ~F{~e6~66~H~e6~crvrr~r-cv--crr~~raicf~vvrrco arrcr 282 , 283 ,~ 284 . 285 286 {#)--~i~e~~s~e+~s k~a~if}g~~e6~-6e~e6#~e~sr • I,~ i nn 287 ' 288 289 290 291 , 10 292 293 . 294 295 (Reserved). 296 297 ~i~~t~e-i~4et~-e~va~ „+~ets~i#~i k~ ~o .,++.,,,;m~t~, ,.,hna~-s~i' ,+o ~ 298 , 299 300 301 302 303 . 304 (Reserved) 305 306 , 307 308 ~~~-~I$ 6~f $--5+~°~ 'I"0 4lor, ~•~h -+ cif h e-~&S~ 1f f c ~ ~"~h ~ ~ ~ r cr T - ~ vnT6---6 e l?- 2FG 309 , 310 311 312 313 (Reserved). 314 315 41~--i~~t~s#~+a-~ ~a~~s -eit~eF-~ ~--e~-r~aa~#~ E~ ~ ~ ° ~ ^~ ~ p r . ~ , jr-s ~,; - ti 316 , 317 318 319 320 321 Ses. ~~-~~ ~,,.4f~,,.., .,..~.,.,.,+,,.. f,... ~e..,.,~~ +..,,.,+w,,,.,+ .,~...,+~ (Reserved). 322 323 324 325 326 (Reserved). 327 328 329 , 330 331 #as+l+#~ 11 332 (Reserved). 333 334 335 +r~es~--wFa~eF-se~eet~ef}s-mere-~abre~~-af~ ;a1~~h,~ied-fie 336 337 338 339 +~d~es~-v~a~°~-~ees#+ee,--wi#er~ „~ ^~ ~~-pTeak~efv ^ °+ °, , h ies~°~r-ro 340 341 342 343 (Reserved). 344 345 346 347 , 348 ~, 349 350 351 352 ~-`,---R~--~euises~°~a °~+ ~;r°+°^+~e,~- ~~ ~lir°r++ °r in~lir + ~e,~++ e-~FS~ca-&S rvic r-crrrccr-vr~rnaTre6r-vvutef 353 354 355 (Reserved). 356 357 358 359 360 {-1~--l~mer+ea~-~ee+ E-f-~+r~eer~-(~~€~ 361 362 363 364 f5-}--Be~iee~~--#eaE~-~s~efl-af~d-~el#a~e-~ i°+~-~ °~e~~°~'~-~,ner~ 365 fr+r In+°r~+~+° (~~rri°r~ 366 367 368 (Reserved). 369 12 370 , 371 ~~a~e~eem~tl~+~ f~-~~t#ey-sue^,~ '^ ^" Eases~ta-I ~^ ^^^^~~'°^^~ 372 373 374 375 376 +ho I^~+ n^n+r^I ~r^h,o 377 378 379 looc+ +~e,ol"o /171 ir~nhoo ^h^.,o +ho fl^^rl rim ^f +ho +iv+~ pro +hc" oor"o 380 381 ~~'~I~ °-~eu:ee~ esk~a~e--as~e~'~,;~~#^'a7;-~~„~ari°~e 382 383 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 24tH day of May, 2011. 13 CROSS-CONNECTION CONTROL AND BACKFLOW PREVENTION POLICY Department of Public Utilities May 2011 Section 1. Definitions. For the purposes of this Policy, the following words and phrases shall have the meanings set forth in this section: Air gap: The unobstructed vertical distance through free atmosphere between the lowest perimeter of a water outlet and the flood-level rim of any receptacle. This distance will be a minimum of two (2) times the diameter of the outlet. In case of near-walls, this distance will be three (3) times the diameter of the outlet. Approved backflow preventer: A backflow preventer assembly or device, with the exception of an approved air gap, means any device or assembly that retains a certificate of approval by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research (USC-FCCHR); or is compliant with the International Plumbing Code, manufactured to the applicable standard of the American Water Works Association, and American Society of Sanitary Engineering; or those specifically approved by the Director. Auxiliary supply: Any water source or system other than the public water supply that may be available in the building or premises. Backflow: The reversal of flow from its intended direction as a result of backsiphonage or backpressure. "Backflow prevention device worker" means any individual who engages in, or offers to engage in, the maintenance, repair, testing, or periodic inspection of cross connection control devices, including but not limited to reduced pressure principle backflow preventers, double check-valve assemblies, double-detector check-valve assemblies, pressure type vacuum breaker assemblies, and other such devices designed, installed, and maintained in such a manner so as to prevent the contamination of the potable water supply by the introduction of nonpotable liquids, solids, or gases, thus ensuring that the potable water supply remains unaltered and free from impurities, odor, discoloration, bacteria, and other contaminants which would make the potable water supply unfit or unsafe for consumption and use. Building Codes Administrator: The Building Codes Administrator or his designee, who shall perform all of the functions and have all of the powers of the code official as set forth in the Uniform Statewide Building Code Consumer.' Any person to whom water from the city water system is supplied directly, either as owner, agent or tenant of the premises to which water service is provided through a city meter, and who is responsible for the payment of charges for the consumption of water so supplied. Consumer water system: Piping located on private property and system comprised of valves, tanks, piping used for the purpose of conveyance of water for human consumption. Contaminant.' The term "contaminant" means any physical, chemical, biological, or radiological substance or matter in water. Contamination: The term "contamination" means: (1) the presence of a contaminant in a concentration or quantity exceeding the maximum contaminant level specified for such contaminant, as promulgated in a National Primary Drinking Water Regulation; or, (2) the presence of a contaminant in a concentration or quantity that is toxic or is a nuisance, as determined by the Director. Cross-connection: Any physical connection between a potable water supply and any waste pipe, soil pipe, sewer, drain or any unapproved source or system; also, any potable water supply outlet which is submerged or can be submerged in waste or other source of contamination. Director: The Director of Public Utilities or his designee. Double-check valve assembly: An assembly of two (2) internally loaded, specially designed and independently operating check valves with a tightly closing shut-off valve on the upstream and the downstream side of the check valves, equipped with properly placed female threaded test cocks. Existing ground level: The level above which surface water will not accumulate under normal conditions. Flood-level rim: The top edge of the receptacle over which water could overflow. Hazard: Any condition, device or practice in the water usage system and its operation which creates or, in the judgment of the Director, may create a danger to the health and well-being of the water consumer. Owner.' The person in charge, care and control of the property or the tenant or consumer who signed the water service agreement applicable to the property. 2 Person: An individual, partnership, association of persons, corporation, organization or any other group of the foregoing acting as a unit. Public water supply system: The public potable water supply system beginning at the water source and ending at the water meter serving a parcel of property. Reduced pressure principle back flow preventer or RP: An assembly of differential valves and check valves, including an automatically opened spillage port to the atmosphere, designed to prevent backflow, incorporated with a tightly closing shut-off valve on the upstream and the downstream side of the check valves, equipped with properly placed female threaded test cocks. Reduced pressure principle detector backflow prevention assembly or RPDA: An RP with a factory installed bypass meter used to detect flow. The RP is equipped with a permanently installed factory meter constructed integrally to the RP unit. Service connection: The terminal end of a service line from the public water supply system. If a meter is installed at the end of the service, then the service connection means the downstream end of the meter. Service line: That portion of the water line from the consumer's side of the water meter to the first water outlet. Testable Backflow Prevention Assemblies: These assemblies include Reduced pressure principle backflow preventer (RP), Reduced pressure principle detector backflow prevention assembly (RPDA), Double check valve assembly (DC), Double check valve detector assembly (DCDA), Pressure Vacuum Breaker (PVB), or Spill resistant pressure vacuum breaker backsiphonage prevention assemblies (SVB) Toxic substance: Those substances, or combinations of substances, including disease causing agents, which, upon exposure, ingestion, inhalation or assimilation into any organism, either directly or indirectly, are likely to cause impairment of normal health, death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations in such organisms or their offspring. Vacuum breaker, atmospheric: A vacuum breaker designed so as not to be subjected to continuous static line pressure. Vacuum breaker, pressure type: A vacuum breaker designed to operate under conditions of static line pressure. 3 Section 2. Objectives. The objectives of this Policy are to: (1) Protect the public health, safety, and welfare through a cross- connection control and backflow prevention program intended to prevent the potential or actual occurrence where a backflow, backpressure condition, or cross connection within piping or other portions of consumers' potable water systems; could allow the entry of contaminants or pollutants into the public water supply system; (2) Eliminate or control existing cross-connections, actual or potential, at each water outlet from the consumer's service line; (3) Provide a continuing inspection program of cross-connection control that will systematically and effectively control all actual or potential cross-connections which may be installed in the future; (4) Provide standards on the proper types and usage of cross- connection hazard backflow prevention devices; (5) Set forth the respective responsibilities of the consumer, the Director, the Building Codes Administrator and certified cross- connection control test technicians; and (5) Supplement applicable regulations of the Commonwealth of Virginia pertaining to cross-connection control and backflow prevention in a manner consistent with such regulations. Section 3. Responsibilities of consumer. (a) The consumer's responsibility begins at the point of delivery from the public water supply system, after the meter, and includes all of the consumer's water systems. The consumer shall install, operate, test and maintain approved backflow prevention assemblies or devices, as required herein, and when directed by the Director. It shall be the duty of the consumer to have each backflow prevention assembly or device inspected and tested at least annually, or more often where successive inspections are indicated to be required as determined by a Certified Backflow Prevention Device Worker or the Director. All testing shall be performed only by a Certified Backflow Prevention Device Worker. 4 (b) The consumer shall ensure that each backflow prevention assembly or devices shall be tested or re-tested after installation, relocation, or repair of the backflow prevention assemblies or devices. (c) A consumer's new water system to be protected by a backflow prevention assembly or device shall not be placed into service unless backflow prevention assembly or device has been tested, is functioning as designed, the certification paperwork is satisfactory and has been submitted to the Building Code Administrator. (d) Where an existing consumer's water system is changed or modified or the facility use has changed, the connection to the public water supply system shall not be allowed unless the installation is free of cross connection or the backflow prevention assembly or device has been tested and is functioning as designed; and the certification paperwork has been deemed satisfactory by the Director. (e) The consumer shall require that inspections will be made by a Certified Backflow Prevention Device Worker. A list of Certified Backflow Prevention Device Workers shall be maintained by the Director and will be available upon request to all persons required to install or maintain a backflow prevention assembly or device. (f) The consumer shall maintain accurate records of inspections, .tests, overhaul, and repairs made to backflow prevention assembly or devices and provide the Director with copies of such records. The records shall be on forms approved or provided by the Director and shall be provided to the Director by the date specified by the Director. The consumer should, but is not required to, retain all such records for a minimum of ten years from the date that a copy of the record was provided to the Director. (g) The consumer shall ensure that all testable backflow prevention assemblies other than portable assemblies are tagged in accordance with Section 5 subpart d. Section 4. Responsibilities of director, etc. (a) The Director's responsibilities include: (1) Having primary responsibility for implementing and maintaining a cross-connection control and backflow prevention program to prevent contamination of the public water supply system. The Director shall not install, maintain, or allow to be installed a water service connection to any premises where cross connections to a the public water supply system or a consumer's water system may 5 exist unless such cross connections are abated or controlled to the satisfaction of the Director; (2) Inspecting, during reasonable hours and as necessary, consumer water system connected to the public water supply system to ascertain the extent of any hazard and the need for backflow prevention or cross connection control. The inspections and surveys shall be documented on forms as approved by the Director; (3) Maintaining adequate records of all testable backflow prevention or cross connection control assemblies or devices installed, tests made for each, and any subsequent maintenance or repair thereof, and including all cross connection control and backflow prevention inspections and surveys. The records shall be maintained for such period of time as is required by law; (4) Administering and enforcing the provisions of the City Code pertaining to cross-connection control/backflow prevention; and (5) Performing such other duties as may be prescribed by the City Manager. (b) The Building Codes Administrator's responsibilities include: (1) Administering and enforcing the applicable provisions of the Virginia Uniform Statewide Building Code, Part 1 (Construction), including reviewing building plans, plumbing plans, and performing inspections of new installations of backflow prevention devices in accordance with applicable provisions of Building Code. These responsibilities apply to portions of a consumer's water system beginning at the downstream point of connection to the public water supply system (the demarcation point is the meter where such are used for domestic service; or a valve at the property line on fire supply lines) and apply throughout the extent of the consumer's water system; and (2) Performing such other duties as may be prescribed by the City Manager. (c) The certified backflow prevention device worker's responsibilities include: (1) Testing, installing, inspecting, repairing, and preparing reports on approved backflow prevention assemblies or devices as authorized or directed by the Director; and (2) Maintaining current certification to perform such responsibilities. 6 Section 5. Requirements for backflow prevention device workers. (a) The Director shall maintain a list of approved backflow prevention workers, which shall consist of all persons certified as such by the Virginia Board for Contractors and any other persons who can affirmatively demonstrate that their qualifications meet or exceed the applicable standards prescribed by the American Society of Sanitary Engineering (ABBE Standard 5000). (b) The Director shall have the authority to remove from the list of approved backflow prevention device workers any person found making incomplete or inaccurate records or documentation, making unauthorized repairs to a backflow prevention assembly or devices, failing to demonstrate proper test procedures, falsifying records, or demonstrating a lack of knowledge and/or professionalism in testing, repairing, installing, and maintaining backflow prevention assemblies. (c) Backflow prevention device workers shall use test kits that are certified annually. Copies of certifications/calibrations shall be sent to Public Utilities annually upon expiration. (d) Backflow prevention device workers shall tag the testable backflow prevention assembly upon completion of a test. The tag shall at a minimum contain the following information: Name, Address, and Phone # of Testing Company; Manufacturer, Model Number, Serial Number, and Size of device being tested; Test Date; Tester's Initials; Tester's DPOR Certification Number; and indication if the test passed or failed. Section 6. General design, installation and maintenance standards for consumer water systems. (a) A consumer's potable water system shall be designed, installed, tested, and maintained in such a manner as to prevent contamination to the public water supply system or the consumer's water system. This is accomplished by protecting consumer's water system where hazards or possible cross-connections may exist with approved backflow prevention assemblies or devices. Wherever such hazards or possible cross connections are possible, the consumer's water system shall be protected in accordance with the degree of hazard. (b) An approved backflow prevention device shall be installed at each service connection to a consumer's water system where, in the judgment of the Director, a health, pollution, or system hazard to the public water supply system exists; provided, that when, as a matter of practicality, the backflow prevention device cannot be installed at the service connection, the device may be located downstream of the service connection but prior to any unprotected takeoffs. 7 (c) A backflow prevention device shall be installed at each service connection to a consumer's water system serving premises where the following conditions exist: (1) Premises on which any substance is handled in such a manner as to create an actual or potential hazard to a waterworks (this shall include premises having sources or systems containing process fluids or waters originating from a waterworks which are no longer under the control of the Department of Public Utilities); (2) Premises having internal cross connections that, in the judgment of the Director, may not be easily correctable or have intricate plumbing arrangements which make it impracticable to determine whether or not cross connections exist; (3) Premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete cross connection survey; (4) Premises having a repeated history of cross connections being established or reestablished; (5) Premises having fire protection systems utilizing combinations of sprinklers, fire loops, storage tanks, pumps, antifreeze protection, or auxiliary water sources including siamese connections (fire loops and sprinkler systems with openings not subject to flooding, and containing no antifreeze or other chemicals, no separate fire protection storage, or auxiliary sources, will not normally require backflow prevention); and (6) Other premises specified by the Director when cause can be shown that a potential cross connection hazard not enumerated above exists. Section 7. Protective devices for fire systems, schools and medical facilities. (a) Fire systems having direct connections from the public water supply system are required to have an air gap, RP, or RPDA backflow prevention assemblies. (b) Where existing fire protection systems have detector checks installed at the connection to the public water supply system for fire mains and these fire mains are equipped with private fire hydrants and located in the consumer's yard, no backflow prevention or cross connection control will be required. Where changes made to the existing fire protection system and a permit is required, then the fire protection systems shall comply with paragraph (a) above. 8 (c) The potable water system for schools and medical facilities shall be protected from hazards by use of backflow prevention and cross connection control, the requirements of this Policy, and in accordance with applicable provisions of Article 3 of Chapter 37 of the City Code. Section 8. Emergency procedures. (a) In the event the consumer's water system or the public water supply system is contaminated due to a cross connection or backflow cause or condition on that consumer's premises, and the same comes to the knowledge of the consumer, the consumer shall immediately notify the Director. These notifications by the consumer are mandatory so that appropriate measures may be taken to overcome the contamination, inspections can be initiated to resolve the unsatisfactory condition, and corrective measures shall be implemented by the consumer. (b) In the event of contamination of the consumer's potable water system or public water supply system, due to cross connection or backflow cause or condition on or from the consumer's premises, the consumer shall promptly take all corrective measures to confine and eliminate the further spread of contamination. (c) Whenever the Director determines that a contamination condition exists, or contamination has created an imminent and substantial endangerment to public health, the Director is authorized to take immediate steps to correct a hazardous condition. These steps may include any one or all of the following: (i) discontinuance of potable water service, (ii) isolation of the consumer's water system from the public water supply system, or (iii) isolation of the consumer's water system. Such emergency steps may be taken without advance notice to the consumer. The consumer shall be notified of the steps taken as soon as reasonably possible thereafter, and the matter brought to the attention of the Gity Manager, City Attorney's Office, Building Code Administrator, Department of Housing and Neighborhood Preservation, Virginia Beach Health Department, and the Virginia Department of Health Office of Drinking Water (VDHODW). (d) The Director shall maintain a Backflow Prevention and Cross Connection Control Incidence Response Plan. The Incidence Response Plan will be used for training, a guide, and as needed for responding to incidences involving contamination of water as a result of failure to cross connection control and backflow prevention. The Incidence Response Plan will be updated and training exercises initiated at a frequency as determined by the Director. 9 (e) In the event a contaminant enters the public water supply system, the following guidelines may be considered by the Director: (1) Investigate: Identify and isolate source of contaminant (if possible); conduct sampling to identify the contaminant and extent of contamination; notify VDHODW, Emergency Services, and City Manager. Assist in the preparation of an after action report and preservation of evidence where applicable. (2) Containment: If appropriate, conduct directional flushing to purge contaminant from the system; close appropriate system valves to contain the contaminant; and continue sampling until system is clear of contaminants. (3) Notification: Notify the public as appropriate to provide door hangers, door to door notification; radio, television, and newspaper. Section 9. Plan submittal. (a) Plans or drawings shall indicate the extent of backflow prevention and cross connection control. The plan shall include a schedule that shall, as a minimum, address the following for each backflow prevention assembly or device included in the plan or drawing for the building: (1) Owner name and address, phone number (2) Building name, address, (3) Building zone identification, (4) Floor, (5) Location/room number, (6) System served, (7) Occupant/tenant use, (8) Degree of Hazard, (9) Backflow prevention assembly or device, number each, type, and size, 10 (10) Design operational pressure and flow conditions, temperature condition, (11) Rated pressure, flow and temperature of the assembly or device, and (12) Drainage size and system, as applicable. Section 10. Records. (a) Records should be maintained for not less than ten (10) years. (b) Records are to include those required by the Director, but not be limited to: (1) Reports of inspections, recommendations, re-inspections, and corrective actions taken. (2) Correspondence between the consumer, the Building Code Administrator, Director, Virginia Beach health Department, VDHODW, and concerning corrective action. (4) Master list of all backflow protection assemblies or devices in use. (5) Data for each backflow protection assembly or device. (6) Test and maintenance reports for each assembly or device. (7) Monthly summary of inspections, surveys, notices to consumers, backlog of inspections and surveys, total number of consumers and hazards. Section 11. Fire hydrants. Any fire hydrant used for purposes other than fire fighting or maintenance shall be protected by an RP. The RP shall be obtained from the City in accordance with established written procedures. 11 Approved: City Ma er or authorized designee Approved as to Content: ~~ ~~ Director of Public Utilities Approved as to Content: Building Codes Administrator ~ ~,~, ~ 2_S. 2011 Date Approved as to Director of~Planning Approved as to Legal Sufficienc City Attorney's Office 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AN ORDINANCE TO REPEAL SECTIONS 6-110 AND 21- 251 AND TO AMEND SECTIONS 23-63 THROUGH 23-65 and 23-68 THROUGH 23-72 OF THE CITY CODE, PERTAINING TO NOISE SECTIONS REPEALED: §§ 6-110 and 21-251 SECTIONS AMENDED: §§ 23-63 through 23-65 and 23-68 through 23-72 WHEREAS, excessive sound vibration and inadequately controlled noise are serious hazards to the public health, safety and welfare, and a source of annoyance to the populace; and WHEREAS, the residents of and visitors to the City of Virginia Beach are entitled to an environment free from excessive sound vibration and inadequately controlled noise that may endanger their health or welfare, or degrade their quality of life, comfort, repose or peace; and WHEREAS, it is the policy of the City of Virginia Beach to protect the health, safety and welfare of its residents and visitors and to promote an environment free from sound and noise disruptive of peace and good order; and WHEREAS, it is the policy of the City of Virginia Beach to seek voluntary compliance, or if necessary, citizen witness assistance in the prevention of excessive noise that may endanger the health or welfare, or degrade the quality of life, comfort, repose or peace of residents and visitors; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 6-110 and 21-251 are repealed and Sections 23-64 through 23-65 and 23-68 through 23-72 of the City Code are hereby amended as follows: Chapter 6. BEACHES, BOATS AND WATERWAYS ARTICLE V. BOATING, SKIING AND SURFING 1n~Jh ~ll~nl~~eif~ it or~iJ ~ (~'I~ oTA~Q~~ .~r~~r fir ~n~i r~~-or~n c ~ ~ 46 47 . 48 49 50 , ~1} ~n+rhT ,~, °r nrnf+ ~.,h2~n°rc 'r--rn' ~v2~ 51 , 52 ' rJ,,r ~ h° °n~r+l fn 4hn hr~~l4h nr lif° of ern, n inn nr fn 53 ~~t~efl--G~ te~~~e#+'-i~~ ~ e~~~o 54 ~ . 55 56 .... 57 58 Chapter 21 MOTOR VEHICLE AND TRAFFIC CODE 59 60 .... 61 ARTICLE II. VEHICLE OPERATION 62 63 ~Ses.. 24-2~T-'~~ea ~-~+s#~-~+~~ ., ~^„ °f 64 +~e~ 65 66 67 , 68 , 69 70 . 71 72 73 , 74 75 76 77 78 79 /`2~r° nrr+nfin° of „nnc~~~ril~T ~rrlinn 4h° ~nnrL fn +h° mn+nr ~n~J ~h°r°h„ 80 . 81 82 83 84 85 86 87 nnana~rte~ ,~,rn~n7~~J~n~~iniJinn of hr.~Ln~ nnrl ~nrnnnhinn of 88 ~irn~ nr nifhnr of o„nh nni~n~ , 89 90 91 Chapter 23. OFFENSES 92 93 ARTICLE I. MISCELLANEOUS OFFENSES 94 95 .... 96 97 ARTICLE 11. NOISE 98 99 Sec. 23-63. Declaration of findings and policy. 100 101 City council hereby finds and declares that excessive sound is a serious hazard 102 to the public health, welfare, peace and safety and the quality of life; that a substantial 103 body of science and technology exists by which excessive sound may be substantially 104 abated; that the people have a right to and should be ensured an environment free from 105 excessive sound that may jeopardize the public health, welfare, peace and safety or 106 degrade the quality of life; and that it is the policy of the city to prevent such excessive 107 sound to the extent such action is not inconsistent with a citizen's First Amendment 108 rights. 109 110 Sec.23-64. Definitions. 111 112 The following words, terms and phrases, when used in this article, shall have the 113 meanings ascribed to them in this section, except where the context clearly indicates a 114 different meaning: 115 116 A-weighted sound level means the sound pressure level in decibels as measured 117 on a sound level meter using the A-weighting network. The level so read is designated 118 dB(A) or dBA. 119 120 Audible and discernable means the sound can be heard by the human ear, and 121 the sound is sufficiently distinct such that its source can be clearly identified. 122 123 Background noise level shall mean the aggregate of all sound sources impacting 124 at the place where a specific sound generation is measured or evaluated, excluding the 125 specific sound generation itself. 126 127 Decibel (dB) means a unit for measuring the volume of a sound, equal to twenty 128 (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound 129 measured to the reference pressure, which is twenty (20) micropascals (twenty (20) 130 micronewtons per square meter). 131 132 Emergency means any occurrence or set of circumstances involving actual or 133 imminent physical injury or illness or property damage that requires immediate action. 134 135 Emergency work means any work performed for the purpose of preventing or 136 alleviating the physical injury or illness or property damage threatened or caused by an 137 emergency. 138 Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used. Instrument, machine or device means and refers to any musical instrument, radio, phonograph, compact disc player, cassette tape player, amplifier or any other machine or device for producing, reproducing or amplification of sound. Motor carrier vehicle engaged in interstate commerce means any vehicle for which regulations apply pursuant to section 18 of the Federal Noise Control Act of 1972 (P.L. 92-574), as amended, pertaining to motor carriers engaged in interstate commerce. Motorcycle means any motor vehicle designed to travel on not more than three (3) wheels in contact with the ground and any four-wheeled vehicle weighing less than five hundred (500) pounds and equipped with an engine of less than six (6) horsepower, excepting farm tractors. Motor vehicle means any self-propelled device or device designed for self- propulsion, upon or by which any person or property is or may be drawn or transported upon a street or highway, except devices moved by human power or used exclusively upon stationary wheels or tracks. Noise means any audible sound which a~e~s--er disturbs or tends to disturb humans or which causes or tends to cause an adverse psychological or physiological effect on humans. Public area means any real property owned by the government, including, but not limited to, public rights-of-way, sidewalks, parks, and buildings. Residential dwelling means any building or other structure in which one or more persons resides on a permanent or temporary basis, including, but not limited to, houses, apartments, condominiums, hotels, and motels. Restaurant means any building or structure where in the normal course of business food or drink is available for eating on the premises, in consideration for payment. For purposes of this chapter, the term restaurant includes, but is not limited to, bars, lounges, taverns, coffee shops and cafes. Sound means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency. 185 Sound generation means any conduct, activity or operation, whether human, 186 mechanical, electronic or other, and whether continuous, intermittent or sporadic, and 187 whether stationary or ambulatory in nature, which produces or results in an audible 188 sound. 189 190 Sound level means the weighted sound pressure level obtained by the use of a 191 sound level meter and the A-frequency weighting network, as specified in American 192 National Standards Institute specifications for sound level meters. 193 194 Sound level meter means an instrument which includes a microphone, amplifier, 195 RMS detector, integrator or time averager, output meter and weighting networks used to 196 measure sound pressure levels. 197 198 Sec. 23-65. Administration and enforcement. 199 200 ~ The police department ~~ii h~ ro~.,,,r,~ihlo may issue a summons for 201 enforcement of the noise control program established by this article and 202 may be assisted by other city departments as required. 203 204 ~ Nothing in this section shall preclude a private citizen from obtaining a 205 magistrate's summons based upon a probable cause determination by the 206 magistrate's office. 207 208 Sec.23-66. Violations. 209 210 (a) Any person who violates any provision of this article shall be deemed to be 211 guilty of a Class 3 misdemeanor for a first offense. Any person who violates a provision 212 of this article within one (1) year after a previous conviction under this article shall be 213 guilty of a Class 2 misdemeanor. 214 215 (b) The person operating or controlling a noise source shall be guilty of any 216 violation caused by that source. If that cannot be determined, any owner, tenant, 217 resident or manager physically present on the property where the violation is occurring 218 is rebuttably presumed to be operating or controlling the noise source. 219 220 (c) In addition to and not in lieu of the penalties prescribed in this section, the 221 city may apply to the circuit court for an injunction against the continuing violation of any 222 of the provisions of this article and may seek any other remedy or relief authorized by 223 law. 224 225 Sec.23-67. Exceptions. 226 227 No provisions of this article shall apply to (1) the emission of sound for the 228 purpose of alerting persons to the existence of an emergency; (2) the emission of sound 229 in the performance of emergency work; (3) activities sponsored by the city; (4) activities 230 authorized by a permit issued pursuant to sections 4-1 or 24-6 "~~ *~; or (5) 231 activities for which the regulation of noise has been preempted by federal law. 232 233 Sec. 23-68. Use of sound level meters. 234 235 The decibel level of any noise regulated on a decibel basis by this article shall be 236 measured by a sound level meter. The test results shall be prima facie evidence if 237 administered in accordance with Code of Virginia ~ 19.2-270.7. In order to implement 238 and enforce this article effectively, the chief of police shall promulgate standards and 239 procedures for using and testing sound level meters used in the enforcement of this 240 article. 241 242 Sec. 23-69. Maximum sound levels and residential dwellings. 243 244 (a) Nighttime. No person shall permit, operate or cause any source of sound to 245 create a sound level that can be heard in another person's residential dwelling during 246 the hours between 10:00 p.m. and 7:00 a.m. in excess of 55 dBA when measured 247 inside the residence at least four (4) feet from the wall nearest the source, with doors 248 and windows to the receiving area closed. 249 °~~ - 250 251 (b) Daytime. No person shall permit, operate or cause any source of sound to 252 create a sound level in another person's residential dwelling during the hours between 253 7:00 a.m. and 10:00 p.m. in excess of 65 dBA when measured inside the residence at 254 least four (4) feet from the wall nearest the source, with doors and windows to the 255 receiving area closed_ 256 257 (c) Measurements in multifamily dwellings or mixed use structures. In a 258 structure used as a multifamily dwelling or a mixed use structure, the police department 259 may take measurements to determine sound levels from indoor common areas or other 260 dwelling units within e~-e+~s+de the structure 261 ~~e, when requested to do so by tie a residential occupant in possession and 262 control thereof. Such measurement shall be taken at a point at least four (4) feet from 263 the wall, ceiling or floor nearest the noise source, with doors and windows to the 264 receiving area closed 265 266 (d) Exemptions. The following activities or sources of noise shall be exempt 267 from the daytime prohibition set forth in subsection (b) of this section: 268 269 (1) Band performances or practices, athletic contests or practices and other 270 school-sponsored activities on the grounds of public or private schools, colleges, or 271 universities. 272 273 (2) Athletic contests and other officially sanctioned activities in city parks or 274 facilities. 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 (3) Activities related to the construction, repair, maintenance, remodeling or demolition, grading or other improvement of real property. (4) Gardening, lawn care, tree maintenance or removal, and other landscaping activities. (5) Agricultural activities. (6) Church bells, carillons, or calls to worship by other sound-producing devices. (7) Religious or political gatherings to the extent that those activities are protected by the First Amendment to the United States Constitution. (8)~ Public transportation, refuse collection and sanitation services. Sec. 23-70. Motor vehicle maximum sound levels; amplified sound from vehicles. (a) No person shall operate or cause to be operated a public or private motor vehicle or motorcycle on a public right-of-way at any time in such a manner that the sound level emitted by the operation of the motor vehicle or motorcycle, when measured at a distance of f+f#~--(5A} one-hundred (100) feet or more; is audible and discernable or exceeds the level set forth in the following table: TABLE INSET: Sound level in dBA Vehicle Class Speed limit 35 Speed limit over MPH or less 35 MPH All motor vehicles of GVWR or GCWR of 86 90 6,000 lbs. or more Any motorcycle 82 86 Any other motor vehicle or any combination of 76 82 vehicles towed by any motor vehicle (b) This section shall not apply to any motor carrier vehicle engaged in interstate commerce. (c) Notwithstanding any other provisions of this section or article, it shall be unlawful for any person to play or operate, or permit the playing, use or operation of, any radio, tape player, compact disc player, loud speaker or other electronic device used for the amplification of sound, which is located within a motor vehicle being operated or parked on public or private property within the city, including any public or private street or alley, in such a manner as to be audible and discernable 311 ear at a distance of one hundred (100) or more feet from the vehicle in which it is 312 located. 313 314 The provisions of this subsection shall not apply to motor vehicles driven in a 315 duly authorized parade, nor to motor vehicle alarms or other security devices, nor to the 316 emission of sound for the purpose of alerting persons to the existence of an emergency 317 or the emission of sound in the performance of emergency work. 318 319 Sec. 23-71. Specific prohibitions. 320 321 The following acts are declared to be violations of this article. This enumeration 322 shall not be construed to limit, in any way, the general prohibitions contained in Section 323 23-69: 324 325 (a) Vehicle horns, signaling devices and similar devices. Sounding any horn, 326 signaling device, or similar device on any automobile, motorcycle or other vehicle on 327 any right-of-way or in any public space continuously or intermittently for more than ten 328 (10) consecutive seconds, except when the sounding of any such device is intended as 329 a danger warning. 330 331 (b) Non-emergency signaling devices. Sounding or permitting the sounding 332 of any amplified signal continuously or intermittently from any bell, chime, siren, whistle 333 or similar device intended primarily for non-emergency purposes from any one location 334 for more than ten (10) consecutive seconds in any hourly period; provided, however, 335 that this subsection shall not apply to the sounding of such devices by religious uses or 336 by public bodies or agencies for testing, traffic control or other public purposes. 337 338 (c) Emergency signaling devices, security, burglar and fire alarms, etc. 339 Sounding or permitting the continuous or intermittent sounding outdoors of any 340 emergency signaling device, or any security, burglar or fire alarm, siren, whistle, or 341 similar device, including without limitation any motor vehicle security alarm, siren, 342 whistle, or similar device, for a period in excess of ten (10) minutes in any residential 343 area and fifteen (15) minutes in any other area, except in response to a burglary, 344 attempted burglary, fire, or other emergency. 345 346 (d) Audio and audio-visual devices, musical instruments, amplified sound etc. 347 excluding those in motor vehicles. The playing or operation of any television, boombox, 348 stereo, phonograph, radio, tape player, compact disc player, MP3 player, video player, 349 musical instrument, drum, amplifier or any other device that produces, reproduces or 350 amplifies sound, ' except for those located in 351 motor vehicles, where the sound, when measured in an rLpublic area including but not 352 limited to any public street or sidewalk, or from other private property between the hours 353 of 7:00 a.m. and 11:00 p.m. exceeds eight rL(80) dB(A), or between the hours of 11:00 354 p.m. and 7:00 a.m. exceeds seventy-five (75) dB(A) ' 355 356 357 ;provided, however that the provisions of this 358 subsection shall not apply to any outdoor performance, parade, gathering, dance, 359 concert, show, sporting event, or other event sponsored by the city or for which the city 360 has granted a permit. 361 362 (e) Noise-sensitive areas. The making of any unreasonably loud and raucous 363 noise within two hundred (200) feet of any school, place of worship, court, hospital, 364 nursing home, or assisted-living facility while the same is being used as such, that 365 substantially interferes with the workings of the institution. 366 367 (f) Construction equipment. The operation of any bulldozer, crane, backhoe, 368 front loader, pile driver, jackhammer, pneumatic drill, or other construction equipment 369 between the hours of 9:00 p.m. and 7:00 a.m. except 370 er~erQ as provided in ~ 23-67 above, or as specifically deemed necessary 371 and authorized ~ a written document issued by the City Manager or his designee. 372 373 Sec. 23-72. Sound levels; restaurants. 374 375 No person shall permit, operate or cause any source of sound to create a sound 376 level emanating from a restaurant during the hours between 7:00 a.m. and 11:00 p.m. in 377 excess of eighty (80) dB(A), or between 11:00 p.m. and 7:00 a.m. {~} in excess of 378 seventy-five (75) dB(A) when measured from any public area, including but not limited 379 to ad~aseet any public streets or sidewalks or other private property. ^r ~~~ +h,+ ;~ 380 381 ' 382 . 383 Adopted by the City Council of the City of Virginia Beach, Virginia, this 24t" day of May, 2011. 1 AN ORDINANCE TO AMEND CHAPTER 28 OF THE CITY 2 CODE, PERTAINING TO THE USE OF THE PUBLIC 3 SEWER SYSTEM AND ADDING CIVIL PENALTIES FOR 4 VIOLATIONS OF CERTAIN ORDINANCES GOVERNING 5 THE USE OF THE PUBLIC SEWER SYSTEM 6 7 Sections Amended: City Code Sections 28-65, 28-66, 28-70 8 28-76, 28-78, 28-79 and 28-81 9 10 Sections Added: City Code Sections 28-70.1 and 28-81.1 11 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA: 15 16 That Chapter 28 of the City Code is hereby amended and reordained by the 17 amendment of Sections 28-65, 28-66, 28-70, 28-76, 28-78, 28-79 and 28-81 and the 18 addition of new Sections 28-70.1 and 28-81.1, pertaining to the use of the public sewer 19 system and adding civil penalties for violations of certain ordinances governing the use of 20 the public sewer system, to read as follows: 21 22 CHAPTER 28. SEWERS AND SEWAGE DISPOSAL 23 .... 24 25 ARTICLE IV. USE OF THE PUBLIC SEWER SYSTEM 26 27 DIVISION 1. SEWER USE 28 29 Sec.28-65. Definitions. 30 31 The following words and terms used in this division shall have the following 32 meanings, unless the context clearly indicates otherwise: 33 34 .... 35 36 Infiltration. The introduction of groundwater into the public sanitary sewer system. 37 Infiltration includes, but is not limited to, frequent seepage of groundwater through defective 38 or cracked pipes, pipe joints, connections, or manhole walls. Infiltration does not include 39 and is distinguished, from inflow. 40 Inflow. Water, other than wastewater that enters a sanitary sewer system (including 41 service connections) from sources such as but not limited to roof leaders cellar drains 42 yard drains, area drains, drains from springs and swampy areas manhole covers 43 cleanouts, cross connections between storm sewers and sanitary sewers catch basins 44 storm waters, surface runoff, street wash waters or drainage. Inflow does not include and 45 is distinguished from, infiltration. 46 47 .... 48 49 Sec. 28-66. Prohibited discharges. 50 51 No person shall discharge or cause to be discharged into any portion of the public 52 sewer system, directly or indirectly, any wastes which may violate any law or governmental 53 regulation or have an adverse or harmful effect on the public sewer system, maintenance 54 personnel, processes, or equipment, or which may otherwise endanger the public or create 55 a nuisance. The following discharges are prohibited: 56 57 .... 58 59 (e) Any significant quantities of unpolluted water such as rainwater, stormwater, 60 groundwater, street drainage, yard drainage, private swimming pool discharge, or water 61 from yard fountains, ponds or lawn sprays. 62 63 .... 64 65 Sec. 28-67. Discharges of stormwater or surface water. 66 67 (a) No person shall connect any sump pump or any roof, foundation, areaway, 68 parking lot, roadway, or other surface runoff or groundwater drains to any sewer connected 69 to any portion of the city's wastewater collection system unless such connection is 70 authorized in writing, for good cause, by the director. 71 72 (b) All discharges of stormwater, surface water, groundwater, roof runoff, 73 subsurface drainage, or other similar discharges of stormwater shall be made to discharge 74 to storm sewers or natural outlets designed for such discharges, except as authorized 75 under this section. No person shall construct or use any connection, drain, or arrangement 76 which will permit any such waters to enter the public sewer system. 77 78 .... 79 2 80 81 Sec. 28-70. Violations and penalties. 82 83 (a) Any intentional or willful act or omission to act in violation of any of the 84 provisions of this division shall be punishable by fine in an amount not to exceed one 85 thousand dollars ($1,000.00) per violation. Each day that a continuing violation exists shall 86 constitute a separate offense. The court assessing such fines may, at its discretion, order 87 such fines to be paid into the treasury of the city for the purpose of abating, preventing or 88 mitigating environmental pollution. 89 90 (b) Any person who, intentionally or otherwise, commits any of the acts prohibited 91 by this division or who fails to perform any of the acts required by this division shall be 92 liable to the city in an action at law for all costs of containment, cleanup, abatement, 93 removal and disposal of any substance unlawfully discharged into the wastewater collection 94 system, as well as the costs of any damages or regulatory fines imposed upon the city, that 95 are proximately caused by such violations. Such costs shall be collectible by the city in 96 accordance with the provisions of sections 28-29 and 28-30. 97 98 (c) The city may bring legal action to enjoin the continuing violation of this 99 division, and the existence of any other remedy, at law or in equity, shall be no defense to 100 any such action. 101 102 (d) Except as expressly provided in section 28-70.1, Tie the remedies set forth in 103 this section and in section 28-70.1 shall be cumulative, not exclusive; ands it shall not be a 104 defense to any action, civil or criminal, that one or more of the remedies set forth herein 105 has been sought or granted. 106 107 Sec. 28-70.1. Civil penalties; scheduled violations. 108 109 (a) Except for the violations specified in the Schedule of Civil Penalties set forth 110 in subsection (b), and without otherwise limiting the remedies which may be obtained under 111 this division, the city may issue an order assessing a civil penalty or other monetary 112 assessment in accordance with the following provisions: 113 114 (1) No order assessing a civil p enalty for a violation shall be issued until 115 after the alleged violator has been provided an opportunity for a 116 hearing before the Director , exce pt with the consent of the alleged 117 violator. The notice of the hearin g shall be served personally or by 118 registered or certified mail,.. return receipt requested, on the alleaed 3 119 violator or his authorized representative at least thirty (30) davs prior to 120 the hearing. The notice shall specify the time and place for the 121 hearing, facts and legal requirements related to the alleged violation 122 and the amount of any proposed civil penalty. At the hearing the 123 alleged violator may present evidence including witnesses regarding 124 the occurrence of the alleged violation and the amount of the penalty1 125 and may examine any witnesses for the city. A verbatim record of the 126 hearing shall be made. Within thirty (30) davs after the conclusion of 127 the hearing, the Director shall make findings of fact and conclusions of 128 law and issue the order. 129 130 (2) No order issued by the locality shall assess civil penalties in excess of 131 Thirty-Two Thousand, Five Hundred Dollars ($32 500) per violation 132 not to exceed One Hundred Thousand Dollars ($100 000) per order or 133 such other amount as may be allowed under Section 62.1-44.15 of the 134 Virginia Code or any successor statute, except with the consent of the 135 violator. 136 137 (3) The actual amount of any civil penalty assessed shall be based upon 138 the severity of the violation, the extent of any potential or actual 139 environmental harm or facility damage the compliance history of the 140 violator, any economic benefit realized from the noncompliance and 141 the ability of the violator to pay the penalty. In addition to civil penalties 142 the order may include a monetary assessment for actual damages to 143 sewers, treatment works and appurtenances and for costs attorney 144 fees and other expenses resulting from the violation. 145 146 (4) Anv civil penalty or other monetary assessment included in any such 147 order shall be payable as set forth in the order. Any unpaid balance at 148 the time payment of the civil penalty or other monetary assessment is 149 due may be collected in an action at law against the violator or 150 included in the violator's bill for sewer services and collected in 151 accordance with Sections 28-29 and 28-30. 152 153 (5) Anv order issued by the city whether or not such order assesses a civil 154 penalty, shall inform the alleged violator of his right to judicial review of 155 any final order by appeal to the circuit court on the record of 156 proceedings before the Director. To commence an appeal the alleged 157 violator shall file a petition in circuit court within thirty (30) days of the 158 date of the final order, and failure to do so shall constitute a waiver of 159 the right to appeal. With respect to matters of law the burden shall be 160 on the party seeking review to designate and demonstrate an error of 161 law subject to review by the court. With respect to issues of fact the 162 duty of the court shall be limited to ascertaining whether there was 163 substantial evidence in the record to reasonably support such findings 164 165 fib) Anv violation listed in the following schedule shall subject the violator to a civil 166 penalty in the amount of One Hundred Dollars ($100.00) for an initial summons and One 167 Hundred Fifty Dollars ($150.00) for each additional summons in lieu of any other civil 168 penalty authorized by this section: provided, however that the total amount for a series of 169 specified violations arising from the same operative set of facts shall not exceed three 170 thousand dollars ($3,000), as follows: 171 172 (1) The city may issue a civil summons ticket for a violation. Any person 173 summoned or issued a ticket for a violation may make an appearance 174 in person or in writing by mail to the city treasurer prior to the date fixed 175 for trial. Any person so appearing may enter a waiver of trial admit 176 liability and pay the civil penalty established for the violation. 177 178 (2) If a person charged with a violation does not elect to enter a waiver of 179 trial and admit liability, the violation shall be tried in the general district 180 court in the same manner and with the same right of appeal as 181 provided for by law. In any such trial, the city shall have the burden of 182 proving by a preponderance of the evidence the liability of the alleged 183 violator. 184 185 (3) An admission of liability or finding of liability under this section shall not 186 be deemed an admission at a criminal proceeding and no civil action 187 authorized by this section shall proceed while a criminal action is 188 pending. 189 190 (4) Anv civil penalties imposed pursuant to this subsection shall be paid 191 into the treasury of the city for the purpose of abating preventing or 192 mitigating environmental pollution. 193 194 195 SCHEDULE OF CIVIL PENALTIES 196 Violation City Code Section 197 198 Unauthorized roof leader connected to public sewer system 28-67 (a) 199 Unauthorized sump pump connected to public sewer system 28-67 (a) 200 Unauthorized connection to sanitary sewer allowing inflow 201 and/or infiltration to enter the sanitary sewer system 28-67 b 202 Discharges to public sewer system prohibited by Section 28-66 28-66 203 Willfully causing damage to, obstruction of, or introduction 204 of materials harmful to public sewer collection system 28-68 a 205 206 DIVISION 2. FATS, OILS AND GREASE (FOG) 207 208 .... 209 210 Sec. 28-76. Registration requirements for food service establishments. 211 212 All food service establishments shall be required to register their grease control 213 devices. Registrations shall be on forms provided by the Director to ensure that such 214 devices are properly sized and maintained and to facilitate inspection in accordance with 215 the requirements established by the Director. 216 217 (a) Existing food service establishments shall register all grease control devices 218 within ninety (90) days after the effective date of this Division; provided. New 219 establishments shall register such devices when requesting their water and 220 sewer service, applying fora business license, or prior to obtaining a 221 certificate of occupancy, whichever is later. 222 223 224 225 226 227 . 228 229 2 3 0 #'~e~-~#e--#~'s FI•F i n ~ ~ i h i n h , ~,~J+o ,~ ii Iv'rt i--y,e-~~ r~ cy~ed-~y~~'J~.C! e~~1ul° rc~ 231 232 233 rlionh~riro Dormi~ 234 6 235 (~-} ~ At least one employee of a food service establishment shall have completed a 236 training program concerning the operation and maintenance of grease control 237 devices, provided by the City, no later than ninety (90) days after the effective 238 date of this Division. 239 240 .... 241 242 Sec. 28-78. Grease Control Devices. 243 244 .... 245 246 (c) Maintenance. Grease control devices shall be maintained as follows: 247 (1) Grease control devices shall be properly maintained at all times. 248 Maintenance shall include the complete removal of all contents, 249 including floating material, wastewater and settled solids. Decanting or 250 discharging of removed waste back into the grease interceptor or 251 private sewer line or into any portion of the City's or HRSD's 252 wastewater collection system is prohibited. 253 254 (2) Grease interceptors shall be pumped out completely when the total 255 accumulation of surface fats, oils and grease, including floating solids 256 and settled solids, reaches twenty-five percent (25%) of the overall 257 liquid volume. At no time shall a grease control device be cleaned less 258 frequently than once every three (3) months unless allowed by the 259 Director for good cause shown. Approval will be granted on a case-by- 260 case basis upon submittal of a request by the food service 261 establishment documenting reasons for the proposed frequency 262 variance. The Director shall not approve any request unless the 263 applicant demonstrates that the frequency variance will not result in the 264 introduction of any greater quantities of FOG into the public sewer 265 system than would otherwise be introduced. 266 267 (3) Grease traps and grease removal devices shall be opened, inspected 268 and completely cleaned of food solids and fats, oils and grease a 269 minimum of once per week, unless allowed by the Director for good 270 cause shown. Approval will be granted on a case-by-case basis upon 271 submittal of a request by the food service establishment documenting 272 reasons for the proposed frequency variance. The Director shall not 273 approve any request unless the applicant demonstrates that the 274 frequency variance will not result in the introduction of any greater 275 quantities of FOG into the public sewer system than would otherwise 276 be introduced, and in no event shall the content of food solids and fats, 7 277 oils, and grease exceed twenty-five percent (25%) of the overall liquid 278 depth of the device. 279 280 (4) The Director of Public Utilities may establish a more frequent cleaning 281 schedule if the food service establishment is found to be contributing 282 FOG in quantities sufficient to cause line stoppages or to necessitate 283 increased maintenance of the wastewater collection system. 284 285 (5) Unless authorized by the Director, the use of additives including, but 286 not limited to, products that contain solvents, emulsifiers, surfactants, 287 caustics, acids, enzymes or bacteria are prohibited for use as grease 288 management control; provided, however, that additives may be used to 289 clean the FSE drain lines so long as the usage of such additives will 290 not cause FOG to be discharged from the grease control device to the 291 sanitary sewer system. The use of additives shall not be substituted 292 for the maintenance procedures required by this Section. The Director 293 shall not approve the use of any additives unless he is satisfied that 294 such use will have no adverse effects upon the public sewer system. 295 296 ~6) Any grease control device rated for a flow of fifty (50) gallons per 297 minute (gpm) (100 Ib.) or higher shall be maintained by a grease 298 hauler meeting the requirements of Section 28-79. 299 300 301 Sec. 28-79. Requirements for 6~e~ase rease haulers. 302 (a) Any person collecting, pumping or hauling waste from grease control devices 303 within the City shall be certified under the Regional Grease Hauler Program of the Hampton 304 Roads Planning District Commission and shall be approved through a Hampton Roads 305 Sanitation District Indirect Wastewater Discharge Permit or a permit from the facility in 306 which waste will be disposed. 307 (b) Grease haulers shall notify the Director within twenty-four (24) hours of any 308 incident required to be reported to the Virginia Department of Environmental Quality. 309 (c) Grease haulers shall retain and make available for inspection and copying by 310 the Director, for a period of at least three (3) years, all records related to grease interceptor 311 pumping and waste disposal from businesses located in the City's wastewater service area. 312 The Director may require additional record keeping and reporting, as necessary, to ensure 313 compliance with the terms of this Division. 314 .... 315 316 317 Sec. 28-81. Violations and penalties. 8 318 319 (a) Any intentional or willful act or omission to act in violation of any of the 320 provisions of this division shall be punishable by fine in an amount not to exceed one 321 thousand dollars ($1,000.00) per violation. Each day that a continuing violation exists shall 322 constitute a separate offense. The court assessing such fines may, at its discretion, order 323 such fines to be paid into the treasury of the city for the purpose of abating, preventing or 324 mitigating environmental pollution. 325 326 (b) Any person who, intentionally or otherwise, commits any of the acts prohibited 327 by this division or who fails to perform any of the acts required by this division shall be 328 liable to the city in an action at law for all costs of containment, cleanup, abatement, 329 removal and disposal of any substance unlawfully discharged into the wastewater collection 330 system, as well as the costs of any damages or regulatory fines imposed upon the city, that 331 are proximately caused by such violations. Such costs shall be collectible by the city in 332 accordance with the provisions of sections 28-29 and 28-30. 333 334 (c) In addition to any other remedy for the violation of this division, the city may 335 bring legal action to enjoin the continuing violation of this division, and the existence of any 336 other remedy, at law or in equity, shall be no defense to any such action. 337 338 (d) Except as expressly provided in section 28-81.1, Tfae the remedies set forth in 339 this section are cumulative, not exclusive, and it shall not be a defense to any action, civil 340 or criminal, that one or more of the remedies set forth herein has been sought or granted. 341 342 Sec. 28-81.1. Civil penalties; scheduled violations. 343 344 (a) Except for the violations specified in the Schedule of Civil Penalties set forth 345 in subsection (b), and without otherwise limiting the remedies which may be obtained under 346 this division, the city may issue an order assessing a civil penalty or other monetary 347 assessment in accordance with the following provisions: 348 349 (1) No order assessing a civil penalty for a violation shall be issued until 350 after the alleged violator has been provided an opportunit y for a 351 hearing before the Director, except with the consent of the alleged 352 violator. The notice of the hearing shall be served personall y or by 353 registered or certified mail, return receipt requested on the alleged 354 violator or his authorized re presentative at least thirty (30) days prior to 355 the hearing. The notice shall specify the time and place for the 356 hearing, facts and legal req uirements related to the alleaed violation. 9 357 and the amount of any proposed civil penalty. At the hearing the 358 alleged violator may present evidence including witnesses regarding 359 the occurrence of the alleged violation and the amount of the penalty, 360 and may examine any witnesses for the city. A verbatim record of the 361 hearing shall be made. Within thirty (30) days after the conclusion of 362 the hearing, the Director shall make findings of fact and conclusions of 363 law and issue the order. 364 365 ~2) No order issued by the locality shall assess civil penalties in excess of 366 Thirty-Two Thousand, Five Hundred Dollars ($32 500) per violation 367 not to exceed One Hundred Thousand Dollars ($100 000) per order or 368 such other amount as may be allowed under Section 62.1-44.15 of the 369 Virginia Code or any successor statute, except with the consent of the 370 violator. 371 372 ~3) The actual amount of any civil penalty assessed shall be based upon 373 the severity of the violation, the extent of any potential or actual 374 environmental harm or facility damage the compliance history of the 375 violator, any economic benefit realized from the noncompliance and 376 the ability of the violator to pay the penalty. to addition to civil penalties 377 the order may include a monetary assessment for actual damages to 378 sewers, treatment works and appurtenances and for costs attorney 379 fees and other expenses resulting from the violation. 380 381 ~4) Anv civil penalty or other monetary assessment included in any such 382 order shall be payable as set forth in the order Anv unpaid balance at 383 the time payment of the civil penalty or other monetary assessment is 384 due may be collected in an action at law against the violator or 385 included in the violator's bill for sewer services and collected in 386 accordance with Sections 28-29 and 28-30. 387 388 (5) Anv order issued by the city whether or not such order assesses a civil 389 penalty, shall inform the alleged violator of his right to judicial review of 390 any final order by appeal to the circuit court on the record of 391 proceedings before the Director. To commence an appeal the alleged 392 violator shall file a petition in circuit court within thirty (30) days of the 393 date of the final order, and failure to do so shall constitute a waiver of 394 the right to appeal. With respect to matters of law the burden shall be 395 on the party seeking review to designate and demonstrate an error of 10 396 law subiect to review by the court. With respect to issues of fact the 397 duty of the court shall be limited to ascertaining whether there was 398 substantial evidence in the record to reasonably support such findings 399 400 (b) Anv violation listed in the following schedule shall subject the violator to a civil 401 penalty in the amount of One Hundred Dollars ($100.00) for an initial summons and One 402 Hundred Fifty Dollars ($150.00) for each additional summons in lieu of any other the civil 403 penalty authorized by this section; provided however that the total amount for a series of 404 specified violations arising from the same operative set of facts shall not exceed three 405 thousand dollars ($3,000), as follows: 406 407 (1) The city may issue a civil summons ticket for a violation Any person 408 summoned or issued a ticket for a violation may make an appearance 409 in person or in writing by mail to the city treasurer prior to the date fixed 410 for trial. Any person so appearing may enter a waiver of trial admit 411 liability and pay the civil penalty established for the violation. 412 413 (2) If a person charged with a violation does not elect to enter a waiver of 414 trial and admit liability the violation shall be tried in the general district 415 court in the same manner and with the same right of appeal as 416 provided for by law. In any such trial, the city shall have the burden of 417 proving by a preponderance of the evidence the liability of the alleged 418 violator. 419 420 (3) An admission of liability or finding of liability under this section shall not 421 be deemed an admission at a criminal proceeding and no civil action 422 authorized by this section shall proceed while a criminal action is 423 pending. 424 425 (4) Anv civil penalties imposed pursuant to this subsection shall be paid 426 into the treasury of the city for the purpose of abating preventing or 427 mitigating environmental pollution. 428 429 430 SCHEDULE OF CIVIL PENALTIES 431 Violation City Code Section 432 433 Failure to maintain cleaning and maintenance records 28-78 (f) (1) 11 434 Failure to maintain yellow grease disposal records 28-78 (f) (2) 435 Failure to maintain certified employee with completed 436 grease control device training 28-76 (d) 437 Failure to register grease control device(s) 28-76 438 Failure to use certified grease hauler for grease control 439 device over rated over 50 gallons per minute 28-78 (c) (6) 440 Failure to properly maintain grease control device 28-78 (c) 441 Failure to allow inspection of grease control device 28-78 (e) Adopted by the City Council of the City of Virginia Beach , Virginia, on the 24th day of May, 2011. 12 -33- Item V.J.2 ORDINANCES/RESOLUTIONS ITEM # 60955 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to provide the tax levy on real estate for properties in the Virginia Landmarks Register for FY 2012. (requested by Council Lady Wilson and Councilman Davis) Voting: 11-0 (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, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 24, 2011 REQUESTED BY COUNCILMEMBERS WILSON AND DAVIS 1 AN ORDINANCE PROVIDING THE TAX LEVY ON 2 REAL ESTATE FOR PROPERTIES LISTED IN THE 3 VIRGINIA LANDMARKS REGISTER FOR FY2012 4 Whereas, based on a recommendation by the Virginia Beach Historic 5 Preservation Commission, the City Council requested authority from the General 6 Assembly to classify certain historic properties as a separate classification of real $ property; and 9 Whereas, the General Assembly passed HB1851, which was subsequently 10 signed by the Governor; and 12 Whereas, the authority provided by the General Assembly allows the City Council 13 to levy a rate of real property taxes equal to or less than the general rate of taxation on 15 real property for properties listed by the Virginia Landmarks Register; and 16 Whereas, the City Council believes that maintaining the City's historical 17 resources, including buildings on the Virginia Landmarks Register, enhances the quality 19 of life of all residents of the City; and 20 Whereas, the tax classification applies to the building and does not apply to the 22 real estate or the land on which the building is located; 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA, THAT: 26 1. In accordance with Chapter 571 of the 2011 Acts of Assembly, there shall 27 be levied and collected for general purposes for the fiscal year 2012, taxes on buildings 28 that are individually listed on the Virginia Landmarks Register, not including the real 29 estate or land on which the building is located, so long as the building is maintained in a 30 condition such that it retains the characteristics for which it was listed on the Virginia 31 Landmarks Register at a rate of $0.45 on each one hundred dollars of assessed 32 valuation thereof. The real property tax rate imposed in this section shall be applied on 33 the basis of one hundred percentum of fair market value of such real property except for 34 public service property, which shall be on the basis as provided by Section 58.1-2604 of 36 the Code of Virginia. 38 2. The effective date of this levy shall be July 1, 2011. 39 3. Estimated revenues from local real estate taxes shall be reduced by $9,750 40 and $9,750 shall be transferred from the Reserve for Contingencies to offset the 41 reduced estimated revenue. Adopted by the City Council of the City of Virginia Beach, Virginia on this24~~lay of May , 2011. APPROVED AS TO LEGAL SUFFICIENCY: 's O ice CA11869 / R-4 /May 12, 2011 -34- Item V.J.3.a. ORDINANCES/RESOLUTIONS ITEM # 60956 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO 06/14/2011, BY CONSENT.• Ordinance to AUTHORIZE acquisition of property for rights-of--way and permanent drainage easements, either by agreement or condemnation, for BEACH GARDEN PARK - KILBOURNE COURT/HOLLYROAD right-of-way improvements Voting: 11-0 (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, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 24, 2011 -35- Item V.J.3.b. ORDINANCES/RESOLUTIONS ITEM # 60957 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE acquisition of an Agriculture Land Preservation (ARP) easement to James L. and Phyllis N. Styron at 5341 Morris Neck Road. (District 7 -Princess Anne) Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: William R. "Bill " DeSteph Council Members Absent: None May 24, 2011 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPALAMOUNT OF 5 $434,332 (James L. Styron and Phyllis N. Styron) 6 7 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 8 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 9 presented to the City Council a request for approval of an Installment Purchase Agreement 10 (the form and standard provisions of which have been previously approved by the City 11 Council, a summary of the material terms of which is hereto attached, and a true copy of 12 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 13 (as defined in the Installment Purchase Agreement) on certain property located in the City 14 and more fully described in Exhibit B of the Installment Purchase Agreement for a 15 purchase price of $434,332; and 16 17 WHEREAS, the aforesaid Development Rights shall be acquired through the 18 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 19 compliance with, the requirements of the Ordinance; and 20 21 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 22 purchase as evidenced by the Installment Purchase Agreement; 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. The City Council hereby determines and finds that the proposed terms and 28 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 29 Agreement, including the purchase price and manner of payment, are fair and reasonable 30 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 31 is hereby authorized to approve, upon or before the execution and delivery of the 32 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 33 balance of the purchase price set forth hereinabove as the greater of 4.095% per annum or 34 the per annum rate which is equal to the yield on United States Treasury STRIPS 35 purchased by the City to fund such unpaid principal balance; provided, however, that such 36 rate of interest shall not exceed 6.095% unless the approval of the City Council by 37 resolution duly adopted is first obtained. 38 39 2. The City Council hereby further determines that funding is available for the 40 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 41 the terms and conditions set forth therein. 42 43 3. The City Council hereby expressly approves the Installment Purchase 44 Agreement and, subject to the determination of the City Attorney that there are no defects 45 in title to the property or other restrictions or encumbrances thereon which may, in the 46 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Manager or his designee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. Adoption requires an affirmative vote of a majority of all members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on this ~ a~~ day of Mav .2011. CA11715 \\vbgov.comlDFS 1 \ApplicationslCityLawProd\cycom32\Wpdocs\D004\P010\00018317. DOC R-1 DATE: May 6, 2011 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~~ Agriculture Department ~~~~~~~ ~~ l~l~~~'~~L-~% City Attorney s Office CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of Finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT N0.2010-107 SUMMARY OF MATERIAL TERMS SELLER: STYRON, James L. and Phyllis N. PROPERTY LOCATION: 5341 Morris Neck Road, Princess Anne District PURCHASE PRICE: $434,332 EASEMENT AREA: 47.21 acres, more or less DEVELOPMENT POTENTIAL: Ssingle-family dwelling sites (5 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.095% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.095% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. a--+ cn L ~ d1 i Q U O ~ ~ ~ a N ~ ~ O ~ cn ~ N ~ O ~ ~ ~ ~ ~ U ~ ~ ~ z C6 N N ~L ~ ~ cO f6 G -36- Item V. J.3. c. ORDINANCES/RESOLUTIONS ITEM # 60958 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to enter into a Lease for Summer 2011 and the next four Summers with Dolphin Run Condominium Association, Inc. at 3~~' Street and Atlantic Avenue re an overflow parking lot for registered guests (District 6 -Beach) The following condition shall be required: (1) The applicant shall not participate in the Residential Permit Parking Program (RPPP) for guests or employees. Voting.• 11-0 (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, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 24, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AFOUR-MONTH LEASE FOR THE SUMMER OF 2011 AND FOR EACH OF THE NEXT FOUR SUMMERS WITH DOLPHIN RUN CONDOMINIUM ASSOCIATION, INC. FOR CITY-OWNED PROPERTY LOCATED AT 3rd STREET AND ATLANTIC AVENUE WHEREAS, the City of Virginia Beach ("the City") is the owner of that certain 0.09 acre parcel of land located at 3rd Street and Atlantic Avenue, Virginia Beach, Virginia (GPIN: 2427-32-0138) (the "Premises"); WHEREAS, the City and Dolphin Run Condominium Association, Inc. ("Dolphin Run"), a Virginia non-stock corporation, desire to enter into a new lease agreement for use of the Premises; WHEREAS, Dolphin Run has agreed to pay the City $4,320 for use of the Premises from May 15 to September 15, 2011; WHEREAS, the City expects that it will enter into similar leases with Dolphin Run for each of the next four summers; and WHEREAS, the Premises will be utilized as an overflow parking lot for the registered guests of Dolphin Run, and for no other purpose. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to enter into afour-month lease for the summer of 2011 and for each of the next four (4) summers, between Dolphin Run Condominium Association, Inc. and the City of Virginia Beach, in accordance with the Summary of Terms attached hereto as Exhibit A and such other terms and conditions deemed necessary and sufficient to the City Manager and in a form deemed satisfactory to the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of 2011. CA11714 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d002\p010\00018661.doc R-1 5/12/2011 APPROVED AS TO LEGAL SUFFICIENCY AND FORM Signature APPROVED AS TO CONTENT ~~C Signature rte' ~ /~ ~ Depa ment EXHIBIT A SUMMARY OF TERMS OF EACH LEASE FOR 2011, 2012, 2013, 2014, 2015 LEASE FOR THE USE OF 0.09-ACRES OF CITY-OWNED PROPERTY LESSOR: City of Virginia Beach LESSEE: Dolphin Run Condominium Association, Inc. PREMISES: Approximately .09-acre parcel of City-owned property located at the intersection of 3rd Street and Atlantic Avenue (GPIN: 2427-32- 0138) TERM: Each lease will run from May 15 through September 15 RENT: $4,320 per four (4) month term RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises for overflow parking for guests and for no other purpose. • Maintain the Premises from May 15 through September 15. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. • Maintain Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits. RIGHTS AND RESPONSIBILITIES OF CITY: May access the Premises at any time, without prior notice to Lessee, in the event of an emergency or public necessity. May require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' prior notice if needed for public purposes. May grant easements and rights-of-way across the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: • The City may terminate the Lease upon thirty (30) days' prior written notice to Lessee. \\vbgov. com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d005\p011 \00018672.doc TO BE LEASED TO THE DOLPHIN RUN CONDOMINIUM ASSOCIATION BY THE CITY OF VIRGINIA BEACH (GPIN: 2427-32-0138) - inn~~n - Pramery Roads - Streets Parcel Water $odies N SCALE 1:1,767 sca a yae zoc sao FEET TO BE LEASED TO THE DOLPHIN RUN CONDOMINIUM ASSOCIATION BY THE CITY OF VIRGINIA BEACH (G P I N : 2427-32-0138) - Primary Roads - Streets Parcel Water bodies H SCALE 1 ' 1.767 sao 1 ia4 z~a aoo FEET TO BE LEASED TO THE DOLPHIN RUN CONDOMINIUM ASSOCIATION BY THE CITY OF VIRGINIA BEACH (GPIN: 2427-32-0138) - hacerstate - Primary Roads - Streets Parcel Water Bodies M SCALE 1 ' 1,76 ,~ a ~~ zoe ~ FEET TO BE LEASED TO THE DOLPHIN RUN CONDOMINIUM ASSOCIATION BY THE CITY OF VIRGINIA BEACH (GPIN: 2427-32-0138) Interstate - Primary Roads - Streets Parcel Watertiadies N SCALE 1 ~ 1,76 t(70 4 10Q ~G ~ SET TO BE LEASED TO THE DOLPHIN RUN CONDOMINIUM ASSOCIATION BY THE CITY OF VIRGINIA BEACH (GPIN: 2427-32-0138) - tnteratate - Primary Roads - Streets Parcel Water Bodies a~ SCALE 1 ' 1.767 f®Q u' 14G 2fli} 3~0 FEET TO BE LEASED TO THE DOLPHIN RUN CONDOMINIUM ASSOCIATION BY THE CITY OF VIRGINIA BEACH (GPIN: 2427-32-0138) - interstate - Primary Roads - Streets Parcel Water Bodies n SCALE 1 :1,76 too a icac zoc 3oa FEET TO BE LEASED TO THE DOLPHIN RUN CONDOMINIUM ASSOCIATION BY THE CITY OF VIRGINIA BEACH (G P I N : 2427-32-0138) interstate - Primary Roads - Streets Parcel YYater$odies N SCALE 1 ~ 1,767 aCQ 0 7410 2IX1 3DD FEET TO BE LEASED TO THE DOLPHIN RUN CONDOMINIUM ASSOCIATION BY THE CITY OF VIRGINIA BEACH (G P I N : 2427-32-0138) - Interstate - Primary Roads - Streets Parcel Water Bodies H SCALE 1 ~ 1,767 Boa a sae ~ ~o FEET -37- Item V.J.3.d. ORDINANCES/RESOLUTIONS ITEM # 60959 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with BMZ USA, INC. re commercial property at 2656 Lishelle Place (District 6 -Beach) Voting: 11-0 (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, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 24, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR FIVE YEARS OR LESS WITH BMZ USA, INC. FOR THE USE OF A COMMERCIAL PROPERTY LOCATED AT 2656 LISHELLE PLACE TOGETHER WITH THE BUILDING AND IMPROVEMENTS WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain parcel of land, with all improvements thereon, located at 2656 Lishelle Place, and shown on Exhibit A attached hereto (the "Premises"); WHEREAS, City staff has determined that the proposal of BMZ USA, INC. ("BMZ") set forth the best reuse of the Premises; WHEREAS, BMZ proposes to lease the Premises for a period of five (5) years or less; WHEREAS, the Premises will be utilized for the assembly, wholesale distribution, and/or research and development related to batteries; WHEREAS, BMZ's proposed use of the Premises is a compatible use under the City's Zoning Ordinance; and WHEREAS, prior to occupancy of the Premises, BMZ will make certain alterations to the Premises as set forth in the Summary of Terms, attached hereto as FYhihit R NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for the term for five (5) years or less with BMZ, USA Inc. for the Premises in accordance with the Summary of Terms, and such other terms, conditions or modifications deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. Further, that the lease revenue shall be received and appropriated to CIP #9- 060, Oceana and Interfacility Traffic Area Conformity and Acquisition, of which fifty percent (50%) shall be reserved for the purpose of the City Manager refunding the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the lease revenue retained by the City will be available for BRAC program acquisitions in future years per the agreement with the Commonwealth. This ordinance shall be effective from the date of its adoption. 47 48 49 Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of n~a~ , 2011. APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~'~ C ity ~A ey APPROVED AS TO CONTENT APPROVED AS TO CONTENT conomic Developm -~v~ ~ - J Management Services CA11701 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\wpdocs\d011\p011\00019462.doc R-1 May 11, 2011 EXHIBIT A ALL THAT certain piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Parcel A-9, 1.572 ACRES as shown on that certain plat entitled, "SUBDIVISION OF PARCEL A-8 AND A-9, LYNNHAVEN SQUARE (D.B. 2511 P. 1657) (M.B. 172, P. 36) PRINCESS ANNE BOROUGH- VIRGINIA BEACH, VIRGINIA", dated May 1987, and made by Basiger and Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2655, at page 1740. IT BEING the same property conveyed to the City of Virginia Beach by deed from Rusmil Properties, LLC, a Virginia limited liability company, dated September 4, 2008, duly recorded in the aforesaid Clerk's Office as Instrument Number 20080924001122040. EXHIBIT B SUMMARY OF TERMS LESSOR: City of Virginia Beach LESSEE: BMZ USA, Inc. PREMISES: 16,500+/- square feet of space on a 1.54 acre lot located at 2656 Lishelle Place, Virginia Beach, VA (GPIN 1496-54-4149) TERM: Five (5) years RENT: Year 1: $81,675 NNN Year 2: $84,125 NNN Year 3: $86,649 NNN Year 4: $89,248 NNN Year 5: $91,926 NNN PROPOSED USE: Lessee shall use the Premises for the assembly, wholesale distribution, and/or research and development related to batteries, primarily lithium ion batteries. The use shall include the assembly of various battery units, the manufacturing of plastic housing and wiring components, and/or the assembly and distribution of finished battery units. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Prior to occupancy, Lessee will construct improvements to the Premises. • Lessee shall be responsible for the cost of all normal maintenance and repairs to building. • Lessee to maintain liability and other insurance to satisfaction of City. • Lessee shall have the right to terminate after three (3) years. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Lessor has the right to retain any improvements at the end of the term. 7 f6 N 7 m fA N U .2 m r 0 n n vrn c W_ m C W_ a T -38- Item V.J.4. ORDINANCES/RESOLUTIONS ITEM # 60960 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to DECLARE EXCESS City property at 1732 Virginia Beach Boulevard and AUTHORIZE the City Manager to sell the property to Sakkadas Enterprises, Inc. 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, Vice Mayor Louis R. Jones, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining.• Mayor William D. Sessoms, Jr., Council Members Absent: None Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), re Item J.4. (City Council 's discussion and vote on the Ordinance to DECLARE EXCESS Ciry property at 1732 Virginia Beach Boulevard and AUTHORIZE the City Manager to sell the property to Sakkadas Enterprises, Inc. Mayor Sessoms has a personal interest in this transaction because he is an Officer of TowneBank, which is located at 297 Constitution Drive in Virginia Beach. Sakkadas Enterprises wishes to combine the City's parcel with one it will purchase from TowneBank and then develop the combined parcels for Elite Motors, an automobile sales dealership. Mayor Sessoms wishes to disclose this interest and abstain from voting. Mayor Sessoms 'correspondence of May 24, 2011, is hereby made a part of the record. May 24, 2011 ~ .~~ ,•:~.. r O ,*s:. rt.~~ : ~ ~ ~ City of Virginia Beach ~ ~ ,_ .. ~z 2 OA Y `lL 99~ 0~~ S ~ NS p OUR NAS~O VBgov.com WILLIAM D. SESSOMS, JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757)385-4581 FAX (757)385-5699 wsessoms~vbgov.com In Reply Refer to 0044223 May 24, 2011 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance declaring property located at 1732 Virginia Beach Boulevard to be in excess of the City's needs and authorizing the City Manager to sell the property to Sakkadas Enterprises, Inc. 2. I have a personal interest in this transaction because 1 am an officer of TowneBank, which is located at 297 Constitution Drive in Virginia Beach. Sakkadas Enterprises, Inc. intends to combine the City's parcel with one it will purchase from TowneBank and then develop the combined parcels for Elite Motors, an automobile sales dealership. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Mrs. Ruth Hodges Fraser -2- May 24, 2011 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Thank you for your assistance and cooperation in this matter. Sincerely, ~~~~ William D. Sessoms Mayor WI)S/RRI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AN ORDINANCE DECLARING THE PROPERTY LOCATED AT 1732 VIRGINIA BEACH BOULEVARD (GPIN 2407-75- 6918) TO BE IN EXCESS OF THE CITY'S NEEDS AND AUTHORIZING THE CITY MANAGER TO SELL THE PROPERTY TO SAKKADAS ENTERPRISES, INC. WHEREAS, the City of Virginia Beach (the "City") is the owner of a parcel of land located at 1732 Virginia Beach Boulevard, and further described on Exhibit A attached hereto and made a part hereof (the "Property"); WHEREAS, the City acquired the Property pursuant to the Oceana and Interfacility Traffic Area Conformity & Acquisition Program (CIP 9-060); WHEREAS, the City funded the acquisition of the APZ-1 purchase through a partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party contributing fifty percent (50%) of the purchase price; WHEREAS, the Property is in an area designated for non-residential use in the APZ-1/Clear Zone Master Plan adopted by Council on April 1, 2008; WHEREAS, the APZ-1 Disposition Committee has recommended that City Council declare the Property to be in excess of the City's needs and sell the Property to Sakkadas Enterprises, Inc. ("Sakkadas"); WHEREAS, Sakkadas will construct a new automotive sales and repair facility on the Property to prescribed standards acceptable to the City, which is a use compatible with Section 1804 of the City Zoning Code; WHEREAS, Sakkadas will purchase the Property in accordance with the Summary of Terms attached hereto as Exhibit B and made a part hereof; and WHEREAS, the City Council is of the opinion that the Property is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Property described on Exhibit A is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to execute any documents necessary to convey the Property to Sakkadas Enterprises, Inc., in substantial conformity with the Summary of Terms attached hereto as Exhibit B and such other terms, conditions or modifications as are deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. 46 47 48 49 50 51 52 53 54 55 56 57 58 Further, that the revenue from the sale of the Property in the amount of $240,000 shall be received and appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, of which fifty (50) percent shall be reserved for the purpose of the City Manager refunding the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $120,000 retained by the City will be available for BRAC program acquisitions in future years per the agreement with the Commonwealth. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~4t~a~~ of Mai , 2011. CA11705 PREPARED: 5/11/11 R-1 \\vbgov. com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d011 \p011 \00019495.doc AP ROVED AS TO CONTENT . ~ '~ E mic Development APPROVED AST CONT NT ~- Management Services APPROVED AS TO LEGAL SUFFICIENCY Cit A or y EXHIBIT A ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as Parcel 35, bounded on the north, south, east and west by the lines marked "PROPOSED ACQUISITION LINE" and being further designated and described as "NOW OR FORMERLY P.E. ABIOUNESS, II INST. NO. 20081009001184310 M.B. 16, PG. 62 GPIN 2407-75-6918" and being further designated and described in the area table as "TOTAL AREA GPIN 2407-75-6918 27,492 SQ. FT. 0.6311 ACRES", and the balance of Parcel 35 designated and described in the area table as "RESIDUAL PROPERTY TO BE ACQUIRED 26,661 SQ. FT. 0.6121 ACRES", as shown on that certain plat entitled: "PLAT SHOWING RIGHT OF WAY AND RESIDUAL PARCEL TO BE ACQUIRED FROM P. E. ABIOUNESS, II BY THE CITY OF VIRGINIA BEACH FOR FIRST COLONIAL ROAD/VIRGINIA BEACH BOULEVARD INTERSECTION IMPROVEMENTS (CIP 2- 072) VIRGINIA BEACH, VIRGINIA SCALE: 1" = 30' DATE: SEPT. 2, 2009" prepared by Patton Harris Rust & Associates, Inc., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 20100421000369300, to which reference is made for a more particular description. LESS AND EXCEPT and reserving to the City that certain right-of-way designated and described as "PROPERTY TO BE ACQUIRED FOR RIGHT OF WAY PURPOSES 831 SQ. FT. OR 0.0191 AC.", and further described as "PROPERTY TO BE ACQUIRED FOR RIGHT OF WAY PURPOSES 831 SQ. FT. 0.0191 AC." on the aforesaid plat. LESS AND EXCEPT and subject to that certain permanent right and easement to use the additional area designated and described as "PROPOSED PERMANENT DRAINAGE EASEMENT TO BE ACQUIRED 792 SQ. FT. OR 0.0182 AC." and being further designated and described as "PROPOSED PERMANENT DRAINAGE EASEMENT TO BE ACQUIRED 792 SQ. FT. 0.0182 ACRES", as shown on the aforesaid plat, being required for the proper construction and maintenance of drainage facilities. LESS AND EXCEPT and subject to that certain utility easement with Dominion Virginia Power recorded in the aforesaid Clerk's Office as Instrument Number 20100219000160370. LESS AND EXCEPT all right, title and interest in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting such Property. IT BEING a part of the same property conveyed to the City of Virginia Beach by Peter E. Abiouness, II (A/K/A P.E. Abiouness, II) by deed dated April 23, 2010 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20100608000561340. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1732 VIRGINIA BEACH BOULEVARD SELLER: City of Virginia Beach PURCHASER: Sakkadas Enterprises, Inc., a Virginia corporation PROPERTY: 1732 Virginia Beach Boulevard, GPIN: 2407-75-6918, less areas to be reserved for right-of--way and easements as more particularly described on the attached Exhibit A to the Ordinance. SALE PRICE: 1) $240,000 for 1732 Virginia Beach Boulevard; and 2) Dedication of the 942 sq. ft. right-of--way, 1,884 sq. ft. drainage easement and 1,997 sq. ft. utility easement from 1730 Virginia Beach Boulevard as shown on Attachment 1 to this Exhibit CONDITIONS OF SALE • The Property shall be subdivided at the Purchaser's expense in order to join the Property with the adjacent parcel, vacate the interior lot line, and dedicate the necessary right-of--way and easements. • The Purchaser shall construct a 3,000+/- square foot sales/showroom facility and a 6,000+/- square foot auto and collision/body repair service facility. • The Purchaser shall submit a site plan for review and approval by the Planning Department prior to settlement. • The City retains a right to repurchase the property, less the deposit, if Purchaser does not construct within 24 months of settlement. • The Purchaser will conform to restrictive covenants and design criteria regarding use, construction, materials, signage, parking, and landscaping. 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ORDINANCES/RESOLUTIONS ITEM # 60961 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution re an AWARD of $708, 746 in Economic Development Investment Program (EDIP) funds to BMZ USA, Inc. by the Development Authority re expenses associated with retrofitting the building at 2656 Lishelle Place (District 6 -Beach) Voting: 11-0 (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, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 24, 2011 i A RESOLUTION TO APPROVE THE AWARD OF 2 $708,746 IN ECONOMIC DEVELOPMENT 3 INVESTMENT PROGRAM FUNDS TO BMZ USA, 4 INC. BY THE CITY OF VIRGINIA BEACH s DEVELOPMENT AUTHORITY 6 ~ WHEREAS, under the City's Economic Development Investment Program (the s "EDIP"), the City Council authorizes the City of Virginia Beach Development Authority 9 ("Authority") to make awards, on the terms and conditions as set forth in the EDIP, to io qualified businesses for the purpose of retaining NAS Oceana as a master jet base; i~ 12 WHEREAS, if the Director of Economic Development and the Authority 13 determine that an award of EDIP funds would be consistent with the intent of the EDIP t4 and is in the best interests of the City of Virginia Beach (the "City"), but such award is does not meet the requirements of the EDIP, the Authority must seek City Council i6 approval prior to making such an award; i~ is WHEREAS, BMZ USA, Inc. ("BMZ") is a German-based manufacturer of 19 batteries used for industrial purposes. BMZ has agreed to relocate a portion of its 20 operation to the City of Virginia Beach; 21 22 WHEREAS, City staff and BMZ have identified a parcel of City-owned property, 23 located within APZ-1 at 2656 Lishelle Place, for the relocation of a portion of BMZ's 24 operation (the "Property"). BMZ has agreed to lease the Property from the City. As 2s currently configured, the Property is not suitable for use by BMZ and BMZ has 26 requested funds from the City to retrofit the Property; 27 2s WHEREAS, BMZ's proposed use of the Property is consistent with the City's 29 Oceana and Interfacility Traffic Area Conformity and Acquisition Program (CIP 9-060) 3o and would qualify for an award under Part "C" of the EDIP. However, to accomplish the 31 necessary retrofit of the building on the Property, BMZ has requested an award of 32 $708,746, which is in excess of what is authorized under the EDIP; and 33 34 WHEREAS, the Authority is not authorized to make an award in excess of what 3s is allowed under the EDIP without authorization from City Council. The Authority and 36 the Director of Economic Development are of the opinion that the proposed award to 37 BMZ would further the goals of the EDIP, including promotion of economic development 3s aimed at the retention of NAS Oceana as a master jet base. 39 4o NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 41 VIRGINIA BEACH, VIRGINIA: 42 43 1. The City of Virginia Beach Development Authority (the "Authority") is 44 hereby authorized to make an award of Economic Development Investment Program 4s ("EDIP") funds in the amount of $708,746 to BMZ USA, Inc. ("BMZ") to offset the 1 46 47 48 49 so 51 52 53 54 expenses associated with the retrofitting of the building located at 2656 Lishelle Place in the City of Virginia Beach. 2. The award of EDIP funds to BMZ shall be on such terms and conditions as deemed appropriate by the Chair of the Authority and deemed legally sufficient by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~at-r, day of Ma ~ , 2011. APPROVED AS TO CONTENT: r ;~ }~ r ~~~. Dept. of Economic Development CA11720 \\vbgov.com\dfi l \applications\citylawprod\cycom32\Wpdocs\D003\P005\00023886.DOC R-1 May 13, 2011 APPROVED AS TO LEGAL SUFFICIENCY: -~ .~-= City Attorney's Office 2 N d U .~ N O Q Q 7 m C W C W_ a a a~ m a a -40- Item V. J.6. ORDINANCES/RESOLUTIONS ITEM # 60962 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to ESTABLISH a Process Improvement Steering Committee to gather information re the broad range of issues to improve government processes and communication with citizens (requested by the Mayor, Vice Mayor and Council Members Bellitto, Davis, DeSteph, Diezel, Dyer, Uhrin, Wilson and Wood) Voting.• 11-0 (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, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 24, 2011 REQUESTED BY MAYOR SESSOMS, VICE-MAYOR JONES, COUNCILMEMBERS BELLITTO, DAVIS, DESTEPH, DIEZEL, DYER, UHRIN, WILSON AND WOOD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 A RESOLUTION ESTABLISHING A PROCESS IMPROVEMENT STEERING COMMITTEE WHEREAS, the severe recent worldwide economic downturn has resulted in an uncertain future which presents serious and fundamental challenges to the relationships between governmental entities and the people they serve, as well as intergovernmental relationships on the local, state, and federal levels; and WHEREAS, these difficult times have exposed the need for a transformation of government on all levels into governments that work better and cost less; and WHEREAS, the City must make changes that improve processes, improve communications within the various aspects of City government and between the City government and the people it serves, and develop contingency plans to address a variety of situations that could adversely affect our citizens; and WHEREAS, the City needs to engage our citizens, City staff, business and community leaders, and subject matter experts to address these critical needs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council hereby establishes an eight-member Process Improvement Steering Committee to gather information regarding the broad range of issues identified above and to present City Council with data, scenarios, and potential contingency plan options for its consideration. 2. That the committee shall serve in an advisory capacity to City Council, and City Council shall appoint its members and chairperson. 3. That the tasks of the committee shall include: • Obtaining input from citizens, staff, colleges and universities, and subject matter experts regarding process improvement through surveys, town hall meetings, focus groups and/or other means; • Developing an inventory of situations and scenarios that the City may face in the future, along with options and contingency plans to address those situations; and • Developing an inventory of subject matter experts and establishing targeted ad hoc committees as needed to address individual issues. 4. That the committee's first charge shall be to develop a plan of action to 42 accomplish these tasks, and the committee shall report that plan to City Council no later 43 than the last City Council meeting in June so the committee may obtain guidance from City 44 Council and may begin its work in earnest in July. 45 46 5. That the committee shall report back to City Council with its initial findings no 47 later than the last City Council meeting in December. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of May , 2011. APPROVED AS TO LEGAL SUFFICIENCY: ~~~o~y~4%GZ City Attorney's 'ce CA11859 R-3 May 19, 2011 -41- Item V.J. 7. ORDINANCES/RESOLUTIONS ITEM # 60963 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to REDEFINE the HNP Field Automation Analysis, including the purchase of computer equipment and related peripheral equipment, re Code enforcement in Housing and Neighborhood Preservation Voting.• 11-0 (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, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None May 24, 2011 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO REDEFINE THE SCOPE OF CAPITAL IMPROVEMENT PROJECT # 3-087 CIT - HNP FIELD AUTOMATION ANALYSIS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the scope of Capital Improvement Project # 3-087, CIT - HNP Field Automation Analysis, is hereby redefined to include the purchase of computer equipment and related peripheral equipment. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of MaY , 2011. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~, ~ ~ Management Services ney s Office CA11876 R-1 May 12, 2011 -42- Item v J.8. ORDINANCES/RESOLUTIONS ITEM # 60964 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to ACCEPT and APPROPRIATE: a. $150, 000 grant funds re Pedestrian System Improvements - Phase I to reimburse the City for a portion of construction costs for Providence Road overpass sidewalk b. $208, 695 in State grant funds to reimburse the City for land acquisition adjacent to the Adam Thoroughgood House c. $43, 671 from the United States Homeland Security to the Fire Department's FY 2010-I1 Operating Budget re Virginia Task Force 2 Urban Search and Rescue, including canine d. $15, 000 from the United States Homeland Security through the Virginia Department of Emergency Management to the Police Department's FY 2010-11 Operating Budget re terrorism detection e. $100, 000 as a State grant re funding a portion of the design and construction of Marshview Trail f. $61,11 D from Hazard Mitigation grant funds re Auxiliary Power program for sewer pump stations -Phase 111 g. $4, 584, 053 from the School Instructional Technology Fund to purchase electronic White Boards for secondary schools and replace outdated classroom equipment Voting.• 11-0 (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, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 24, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ACCEPT AND APPROPRIATE FEDERAL GRANT FUNDS TO CAPITAL IMPROVEMENT PROJECT # 4-075 TO REIMBURSE THE CITY FOR A PORTION OF THE COSTS OF CONSTRUCTING THE PROVIDENCE ROAD OVERPASS SIDEWALK BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $150,000 in grant funds are hereby accepted and appropriated, with federal revenues increased accordingly, to CIP # 4-075, Pedestrian System Improvements - Phase I to reimburse the City for a portion of the costs of constructing the Providence Road Overpass Sidewalk. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of Ma ~, , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT ~~ r~ r ~ ~ , Management Services APPROVED AS TO LEGAL SUFFICIENCY: 1 n s Office CA11873 R-1 May 11, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE GRANT FUNDS TO CAPITAL IMPROVEMENT PROJECT #4-070 TO REIMBURSE THE CITY FOR LAND ACQUISITION ADJACENT TO THE ADAM THOROUGHGOOD HOUSE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $208,695 in state grant funds are hereby accepted and appropriated, with state revenues increased accordingly, to CIP # 4-070, Open Space Site Acquisition - Phase II to reimburse the City for the acquisition of land adjacent to the Adam Thoroughgood House. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of ~,~~_, 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: u~ Management Services ~ y's O ice CA11872 R-1 May 11, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY TO THE FY 2010-11 OPERATING BUDGET OF THE FIRE DEPARTMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: $43,671 is hereby accepted from the United States Department of Homeland Security and appropriated, with estimated federal revenues increased accordingly, to the FY 2010-11 Operating Budget of the Fire Department for operating costs of the Virginia Task Force 2 Urban Search and Rescue Team to include canine search team evaluations, personnel for training exercises and facility lease payment. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of Mai , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: n I~ ~ Management Services Ci rn s ice CA11865 R-1 May 6, 2011 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE DEPARTMENT OF HOMELAND SECURITY TO 3 THE FY 2010-11 OPERATING BUDGET OF THE POLICE 4 DEPARTMENT 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 That $15,000 is hereby accepted from the Department of Homeland Security 8 through the Virginia Department of Emergency Management and appropriated, with 9 estimated state revenue increased accordingly, to the FY 2010-11 Operating Budget of the 10 Police Department for the purchase of equipment to detect and disrupt acts of terrorism. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of MaY 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: ~' ,~-- C~ 1 ~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: y's O ice CA-11868 R-1 May 12, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE GRANT FUNDS TO CAPITAL IMPROVEMENT PROJECT # 4-055 TO PAY FOR A PORTION OF THE TRAIL DESIGN AND CONSTRUCTION OF THE MARSHVIEW TRAIL BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $100,000 in state grant funds are hereby accepted and appropriated, with state revenues increased accordingly, to CIP # 4-055, Open Space Park Development and Maintenance, to pay for a portion of the trail design and construction of the Marshview Trail. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of May , 2011. 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 ~ or Office CA11874 R-1 May 11, 2011 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE THE 2 HAZARD MITIGATION GRANT FUNDS TO CAPITAL 3 IMPROVEMENT PROJECT #6-501, AUXILIARY POWER 4 PROGRAM FOR SEWER PUMP STATIONS -PHASE III 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 9 10 11 12 13 14 15 16 17 1. $45,833 in federal pass-through funding from the Federal Emergency Management Agency is hereby accepted and appropriated, with federal revenue increased accordingly, to Capital Improvement Project #6-501, Auxiliary Power Program for Sewer Pump Stations -Phase III; 2. $12,222 in state funding from the Virginia Department of Emergency Management is hereby accepted and appropriated, with state revenue increased accordingly, to Capital Improvement Project #6-501; and 3. The $3,055 required local match shall be provided from existing funding within CIP # 6-501. Adopted by the Council of the City of Virginia Beach, Virginia on the ~ 4th day of ~~, 2011. 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 ttor y's Office CA11875 R-1 May 11, 2011 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO APPROPRIATE $4,584,053 FROM THE FUND BALANCE OF THE SCHOOL INSTRUCTIONAL TECHNOLOGY FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $4,854,053 is hereby appropriated from the fund balance of the School Instructional Technology Fund (Fund 108) to purchase electronic white boards for secondary schools and to replace outdated classroom desktop and laptop computers with anticipated revenue increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of May , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT ~~~ ~,~~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: ' Atto y's Office CA11852 R-2 April 13, 2011 .t 1I~C;1N[~1 BEAC~I ~lTY PtJBLiC SCH~+O~,S A H E A D O F T H E C U R V E SCHOOL BOARD Daniel D. Edwards Chairman Distdd 1-Centervi0e 1513 Beachview Drive VA Beach, yA 23464 495.3551'(h} • 717-0259 (c} K78am.J,"BiA" Bmnke, N Vica•Chairmaa District 7 -Princess Anne 4899 Fanwood Drive, SuBe 108 Virginia Beach, VA 23482 222-0134 (w) .286.2772 {c) Todd C. Davidson At-l.arga 1861 Mayl~ry Drive VA Beach, VA 2345fi 427330 (w) • 2859409 (cj Emma L "Em"Davis District 5- Lynnhavsn 1125 Miduaawood Drive vA aeach, vA z345z s4o-ss11(h} Dorothy M. "Dotae"Holtz A4Large 1304 Downs Lane YA Beach, VA 23455 460.2440 {hj Brent 1!. Mckenzie Districk 3- Rose Nab 1400 Brookwood Plaee VA Beach, VA 23453 816-2736 {c) Ash{eyK. McLeod AL t.arge 5508 Del Park Avenue VA Beach, VA 23455 552.0348 (hj Samuel G. "Sam" Reid District 6 -Beach 1533 VA Beady BNd. VA Beach, VA 23454 zea•1os7 (oj Patrick S. Salyer At-Large 2233 Leaks Edge €Atve VA Beach, VA 23951 620.2141 (c) Sande Smith-Jonas District 2 -. Kpmpsville 705 Radr Creek Court VA Beach, VA 23462 49o-a1s7 mj Carolyn D. Weems DisU1c14 - Baydde 1420 ClaudEa Drive VA Beach, VA 23455 464£674 (h) SUPERINTENDENT James G. Ram'-, EdD. 2512 George Mason Drive YA Beach, YA 23456 2s~-tao7 RESOLUTION REGARDING APPROPRIATION OF INSTRUCTIONAL TECHNOLOGY FUND 1Q8 FUNDS WHEREAS, The. City of Vrginia Beach's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach by major category; and WHEREAS, the Schools have budgeted an amount of $2,915,947 in the current fiscal year FY 2010111 in the Instructional Technology Fund 108 fund; and WHEREAS, this budgeted amount is $4,584,053 short of the amount needed to fund the current year Instructional Technology Fund 108 spending plan which includes funds for providing electronic white boards in the secondary schools and replacements of outdated classroom desktop computers and laptop computers; and WHEREAS, the School Board requests that the City CounciE appropriate the $4,584,053 from the Instructional Technology Fund 108 fund balance; and WHEREAS, the School Board affirms the recommended uses of these .funds which will be expended ou# of the Instructional Technology Fund 108 fund; and WHEREAS, appropriations of funds must be approved by the City Council prior to expenditure of funds by the School Board. NOW, THEREFORE, BE IT RESOLVED: That the School Board approves and affirms the necessary appropriation and recommended uses of the of these funds; and be it FURTHER RESOLVED: That the School Board reques#s that the City Council approve the appropriation of these funds; and be it FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the Schoo! Board of the City of Virginia Beach this 5th day of April 2011 SEAL aniei D'. Edwards, School Board Chaimlar'i Attes#: y- Dianne P. Alexander, Clerk of the Board CERTIFIED TO BE A TRUE - AhiD CORRECT CdPY Clerk, School Board of the City of Virninl2 3e2ch Sdtoo(AdnlulisUaBan Buikxng • 2512 George Wfaason Drive • P.O. Box 603$ • Yuginia Beach, VA 23456-0038 -43- Item V.J.1. ORDINANCES/RESOLUTIONS ITEM # 60965 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to TRANSFER $230, 754 from Reserve for Contingencies to Mass Transit Operations FY 2010-11 Operating Budget re a true-up reimbursement to Hampton Roads Transit (HRT) Voting: 11-0 (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, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady Wilson DISCLOSED pursuant to Section 2.2-3115(H), re Item J.9. (City Council's discussion and vote on the Ordinance to TRANSFER $230, 754 from the Reserve for Contingencies to Mass Transit Operations FY 2010-11 Operating Budget for the purpose of paying atrue-up reimbursement to Hampton Roads Transit ("HRT'). Council Lady Wilson's husband is a principal in the accounting firm of Goodman and Company, that provides services to HRT. Her husband does not personally provide services to HRT. The City Attorney's office has advised she may participate without restriction in City Council's discussion of and vote, re the application upon disclosure of this interest.. Council Lady Wilson 's correspondence of May 24, 2011, is hereby made a part of the record. May 24, 2011 M~ City of Virgirzia Beach -- Za ~2 .- ~, 9q O~ ~ S S Op OUR NAS~~N ROSEMARY WILSON COUNCIL LADY-AT--LARGE In Reply Refer to 0044243 May 24, 2011 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (H) Dear Mrs. Fraser: VBgov.com PHONE: (757) 422-0733 FAX: (757) 385-5669 Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: I am executing this written disclosure regarding City Council's discussion and vote on an ordinance to transfer $230,754 from the Reserve for Contingencies to Mass Transit Operations FY 2010-11 Operating Budget for the purpose ofpaying atrue-up reimbursement to Hampton Roads Transit ("HRT"). 2. I have a personal interest in this transaction because my husband is a principal in the accounting firm of Goodman and Company, and that company provides services to HRT. My husband does not personally provide services to HRT. 3. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because my husband does not personally provide services to HRT, the Act provides that I may participate without restriction in Council's discussion of, and vote on, the application, upon disclosure of this interest. 4. I wish to disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. 1304 WREN PLACE, VIRGINIA BEACH, VA 23451 Mrs. Ruth Hodges Fraser -2- May 24, 2011 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (H) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, Rosemary A. Wilson Councilmember RAW/RRI 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO TRANSFER $230,754 FROM THE RESERVE FOR CONTINGENCIES TO MASS TRANSIT OPERATIONS FY 2010-11 OPERATING BUDGET FOR THE PURPOSE OF PAYING ATRUE- UP REIMBURSEMENT TO HAMPTON ROADS TRANSIT (HRT) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $230,754 is hereby transferred from the Reserve for Contingencies to the Mass Transit Operations FY 2010-11 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of May , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: `~~ ~ `-~ -c/l/t~ Management Services Cit y's ffice CA11867 R-1 May 11, 2011 -44- V-K. PLANNING 1. CHARLES PAYNE ITEM # 60966 Z. VIRGINIA BEACH CITY PUBLIC SCHOOLS/ THE SCHOOL BOARD 3.AGAPAE INTERNATIONAL CHURCH 4. WHITAKER PLACE, LLC/JACQUELINE BULLOCK GLASPIE/MONICA JOHNSON SIMONS S.BREATHWAITE PLACE, LLC SUBDIVISION VARL9NCE CONDITIONAL USE PERMIT MODIFICATION OF CONDITIONAL USE PERMIT (APPROVED: December 3, 1996 and modified February 12, 2008) CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING EXTEND Compliance/Street Closure May 24, 2011 -45- Item V-K. PLANNING ITEM # 60967 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items 1, 2, 3, 4 and S OF THE PLANNING BY CONSENT AGENDA: Voting: I1-0 (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, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 24, 2011 - 46 - Item V-K.1. PLANNING ITEM # 60968 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Variance to ~4.4(b) of the Subdivision Zoning Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for CHARLES PAYNE re the development of single family dwellings at 800 Terrace Avenue. (GPIN 2417927361). DISTRICT 6 -BEACH, BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Variance to ~4.4(b) of the Subdivision Zoning Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for CHARLES PAYNE re the development of single- family dwellings at 800 Terrace Avenue. GPIN 2417927361 DISTRICT 6 -BEACH The following conditions shall be required.• When the property is subdivided, it shall be subdivided in substantial conformance with the Plan entitled, "Resubdivision Exhibit of Lots 1, 3 and S, Block 59, Shadowlawn Heights Virginia Beach, Virginia, for Charles F. Payne III, "prepared by Ward M. Homes, dated March 13, 2006, revised May 1, 2006, and Sheet SKl or SKIA 800 Terrace Ave Virginia Beach , VA, prepared by Edmond P. Virgili, R.A., dated March 18, 2011, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. When the property is subdivided, Lot IA shall be in substantial conformance with the rendering of the proposed renovated ranch entitled "800 Terrace Ave ". Existing Residence Concept and the Sheet SK2A Front Elevation 800 Terrace Ave., which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. When the property is subdivided, Lot SA shall be in substantial conformance with the rendering of the proposed new dwelling entitled "Proposed House "for the resubdivision of Lots 1, 3, and S, Block 59, Shadowlawn and the front and rear elevations entitled "Winonna Park SL-503 Circa Studios ", which has been exhibited to the Virginia Beach City Council and is on ftle in the Planning Department. 4. Development on the proposed lots shall adhere to the "Shadowlawn Infill Development Guidelines" as provided in the Comprehensive Plan. At such time as development is proposed for these lots, floor plans and building elevations shall be submitted for approval by the Planning Director or his designee. May 24, 2011 -47- Item V-K.1. PLANNING ITEM # 60968 (Continued) This Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty fourth day of May, Two Thousand Eleven Voting: 11-0 (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, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 24, 2011 -48- Item V-K.2. PLANNING ITEM # 60969 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of VIRGINIA BEACH CITY PUBLIC SCHOOLS/THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, re a Conditional Use Permit, private sewage treatment, West Neck Road (GPIN 1494600093; 1493792102). DISTRICT 7 - PRINCESSANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of VIRGINIA BEACH CITY PUBLIC SCHOOLS/THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, Conditional Use Permit, private sewage treatment, (GPIN 1494600093; 1493792102). DISTRUCT 7-PRINCESSANNE 8051137475 The following conditions shall be required: 1. Approval from the Heath Department shall be obtained prior to issuance of a Certificate of Occupancy. 2. All approvals and required connections to the City's public sanitary sewer system, as deemed necessary by the Department of Public Utilities, shall be obtained and constructed as required. 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 Twenty fourth day of May, Two Thousand Eleven Voting.• I1-0 (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, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 24, 2011 -49- Item V-K.3. PLANNING ITEM # 60970 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of AGAPAE INTERNATIONAL CHURCH for a Modification Conditional Use Permit (Condition #6) (approved by City Council on December 3, 1996, and modified February 12, 2008) to allow one modular unit to be on-site for an additional five (5) years at 2641 Princess Anne Road. (GP/N 1494641457). DISTRICT 7 -PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA AGAPAE INTERNATIONAL CHURCH, Modi nation o,~Conditional Use Permit, 2641 Princess Anne Road (GPIN 1494641457). PRINCESS ANNE DISTRICT The following conditions shall be required: 1. There will be one temporary access to the site from Princess Anne Road. Once an alternative access is established, this temporary access shall be removed. 2. Temporary right and left turn lanes for Princess Anne Road will be required to serve the temporary access to the site. The final location of the temporary turn lanes will be determined at final Site Plan Review. 3. A Stormwater Management Plan, with relevant calculations, will be required during the detailed Site Plan review process. 4. Architecture, building materials and color shall substantially adhere to plans presented to the Planning Commission and on file in the Planning Department. Architectural revisions must be approved by the Planning Director or his designee. S. Prior to final Site Plan approval, the applicant must submit a detailed Landscape Plan which meets all requirements outlined in the City Zoning Ordinance (CZO). A Tree Preservation Plan shall be presented to staff for approval. 6. One portable modular structure shall be allowed for frve (5) years from the date of City Council 's approval of this 2011 Modification of Conditions application. The portable modular structure shall adhere to the following.• a. The portable structure shall be located on the site in substantial accordance to the submitted marked-up Site Plan entitled "Preliminary Site Plan ofAgapae International Church "prepared by Engineering Services and plotted on 07/23/98. 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 building materials, with respect to color and material, of the existing church and shall be substantially in conformance with the elevation entitled "Models 504824 and 506424 ". A copy of the Elevation Plan has been exhibited to the City Council and is on file in the Planning Department. May 24, 2011 -50- Item V-K.3. PLANNING ITEM # 60970 (Continued) c. The portable structure shall have skirting around the entire base of each building to screen the under-carriage of the unit. d. The skirting of the portable buildings shall be screened on the side of the building facing the parking lot with landscaping in accordance to the submitted elevation entitled "Models 504824 and 506424 ". 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. 7. The existing, larger mature, trees on the site shall be preserved to every extent possible. 8. The monument sign shall consist of similar materials to match the architecture of the building and landscaping shall be installed around the base of the sign. 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 Twenty fourth day of May, Two Thousand Eleven Voting: 11-0 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, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None May 24, 2011 -51 - Item V-K.4. PLANNING ITEM # 60971 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of WHITAKER PLACE, LLC/JACQUELINE BULLOCK GLASPIE/ MONICA JOHNSON SIMONS for a Change of Zoning District Classi tcation from R-7.5 Residential District to Conditional PD-H2 (A-12) Planned Unit Development Overlay and Apartment District at 467 and 473 North Witchduck Road (GPIN 1468424560; 1468424432; 1468424315; 1468423287; 1468424132; 1468426125). DISTRICT 4 -BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of WHITAKER PLACE, LLC/JACQUELINE BULLOCK GLASPIE/ MONICA JOHNSON SIMONS for a Change o Zoning District Classi acation from R-7.5 Residential District to Conditional PD-H2 (A-12) Planned Unit Development Overlay and Apartment District at 467 and 473 North Witchduck Road (GPIN 1468424560; 1468424432; 1468424315; 1468423287; 1468424132; 1468426125). DISTRICT 4 -BAYSIDE The following condition shall be required: An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty fourth day of May, Two Thousand Eleven Voting: 11-0 (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, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 24, 2011 IA~ ,,~ ,; BUR NAT ~" ~~ CITY OF VIRGINIA BEACH a~ INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7941 DATE: May 11, 2011 TO: Mark D. Stiles ~~ DEPT: City Attorney FROM: B. Ka Wilson~~~~" DEPT: Cit Attorne Y Y Y RE: Conditional Zoning Application; Whitaker Place, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 24, 2011. I have reviewed the subject proffer agreement, dated December 29, 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~ MONICA JOHNSON SIMONS JACQUELINE BULLOCK GLASPIE DOWNS PROPERTIES, INC., a Virginia corporation WHITAKER PLACE, 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 29th day of December, 2010, by and between MONICA JOHNSON SIMONS and JACQUELINE BULLOCK GLASPIE, parties of the first part, Grantors; DOWNS .PROPERTIES, INC., a Virginia corporation, party of the second part, Grantor; WHITAKER PLACE, L.L.C., a Virginia limited liability company, party of the third part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the parties of the first part are the owners of that parcel of property located in the Bayside District of the City of Virginia Beach; containing approximately 8i,66~~ square feet which is more particularly described as "Parcel 1" in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel along with the other parcel described in Exhibit "A" is hereinafter referred to collectively as the "Property"; and WHEREAS, the party of the second part is the owner of that parcel of property located PREPARED BY: j~ SYKES, BOIJRDON. ~4111;RN & L1:VY, P C in the Bayside District of the City of Virginia Beach, containing approximately 23,200 square feet which is more particularly described as "Parcel 2" in Exhibit "A" attached hereto anti incorporated herein by this reference. Said parcel along with the other parcel described iri Exhibit "A" is hereinafter referred to collectively as the "Property"; and GPIN: i46~-88-8153 (Parcel 1) i46~-88-6085 (Parcel 2) Prepared By: R Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 28i Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the party of the third part as contract purchaser of the Property ha:~ initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Propert~~ from R-7.5 Residential District to Conditional PD-H2 Planned Unit Development District with an underlying A-12 Zoning 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 sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned arE~ needed to cope with the situation to which the Grantor's rezoning application gives rise; and 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 PD-H2 and A-12 Zoning Districts by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, PREPARED BY: 3 : 5~~:~s. ~o~~ox. assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro duo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: i. When the Property is developed, it shall be as a residential condominium, substantially in accordance with the Preliminary Site Plan designated "WHITAKERS PLACE IvT. Witchduck Road, VIRGINIA BEACH, VA", dated 12/01/10, prepared by Pinnacle Group 2 PREPARED 8Y: • S~~:~S, ~OURDON, ~ AtI€RN & LEVY. P C Engineering, Inc., which has been exhibited to the Virginia Beach City Council and is on filE~ with the Virginia Beach Department of Planning (the "Concept Plan"). II 2. When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to one (~) entrance from Witchduck Road as depicted on the Concept Plan. As a condition of Site Plan approval by Grantee, Grantor shall grant, convey and record a. Declaration to and for the benefit of Grantee, binding upon the Condominium Association. II and Future Owners of the subject property, permitting the Grantee to close the depicted. entrance from Witchduck Road, if a new residential street connection is provided across the adjoining parcel on the south side of the subject Property with access to Witchduck Road, The new residential street may be public or private. If the new residential street is private, there must be a perpetual ingress/egress easement granted to the Condominium Association and owners of the subject Property who shall not be required to incur any costs associated with the construction of the new residential street or with the closure and removal of the then existing entrance to the subject Property. The then existing entrance shall be replaced with a cul-de-sac or hammer-head (for vehicles to turnaround) without cost to the Condominium Association and owners of the subject Property. The Condominium Association on behalf of the owners of the subject Property shall be authorized and required to execute a Shared Maintenance Agreement with respect to the above referenced new residential street, within the perpetual ingress/egress easement, which provides that the owners of the subject Property shall be responsible for no more than forty percent (40%) of the future repair, maintenance and repaving of the street within the easement. 3. The total number of dwelling units permitted to be constructed on the Property shall not exceed twenty-three (23). Each dwelling unit shall contain a minimum of i35o square feet of living area, and a one (i) car garage. 4. The architectural design of the residential buildings will be substantially as depicted on the six (6) Elevations designated "ELEVATION ONE", "ELEVATION TWO", "ELEVATION THREE", "ELEVATION FOUR", "Thatcher" and "Chatuea", have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials shall be a combination of architectural shingles, raised seam metal roof accents, faux cedar vinyl, beaded vinyl, vinyl and brick skirts. 5. The dimensional requirements applicable to Whitaker Place shall be as follows: 3 • Minimum Distance from Dwelling to Edge of Curb on Interior Streets: Front Garage 18 feet Side of Dwelling 8.3 feet • Minimum Setback from Adjacent Properties Front 3o feet Sides io feet Rear 20 feet • Minimum Distance between Residential Buildings io feet • A "Gazebo" shall be permitted as an accessory structure within the 3o foot front yard setback, as depicted on the Concept Plan PREPARED BY: sus. ~o~~norr. ~~RN & LEVY. ~.C 6. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common .areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. ~. The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios (fenced or unfenced), drive aisles, and parking areas are opens spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning; Ordinance ("Preservation District"). 8. Further conditions may be required by the Grantee during detailed Site Plari 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 in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed.. The conditions, however, may be repealed, amended, or varied by written 4 instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such. instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body -of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, i95o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested ~~ith all necessary authority, on behalf of the governing body of the City of Virginia I~ Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit. to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the 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 Property, and the ordinances and the conditions maybe made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. PREPARED BY: ~.~ SYI:ES,130URDON. -~ A~IItN & LtVY. P.C c 5 WITNESS the following signature and seal: Grantor: -~'"_ ~"'`~ .~„ /~'J'~~( ~\ _~ I ~~, ~ ~-~ (SEAL) Monica JohnsQ, Simons STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was aclmowledged before me this 31St day of December, 2oio, by Monica Johnson Simons, Grantor. ~ f~ jA _ k ffjf4iijij 1. Notary Public __~ PREPARED BY: ;~;~~ S 3 K t J. ~~~~~©~. X119 A~~ ~ ~y ~.C. My Commission Expires: August 3i, 2014 Notary Registration No.: 192628 6 WITNESS the following signature and seal: Grantor: ,~ ~i~ },~ , ~~~ ~'.~;~~.'~~ ;J~ ~ ~~ ~.'r~~`~~ t~ (SEAL) Jac~u~l~in Bullock Glaspie ~( \ l , ~ STATE OF NEW JERSEY. CITY/COUNTY OF ~ `,~ n .,~.~ to-wit: The foregoing instrument was acknowledged before me .this ~- day of -1'~c~i ~ ~ , 2oii, by Jacqueline Bullock Glaspie, Grantor. , G~ ~ ~ ._ Notary Public My Commission Expires: ~ ~~~ { S Notary Registration No.: CHRlSTOP'HER F. MAR~INEZ NOtARY PJBLIC STAiE OF NEWJERSEY NY COY~diSSION EXPIRES JULY 31, 49~$ PREPARED BY: 7 WITNESS the following signature and seal: Grantor: Downs Properties, Inc., a Virginia corporation By: ~/- -~`. ~ '~~, ~.~~~I (SEAL) Donald W. Downs, President PREPARED BY: j : SYK£S. ~otTRD~N. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was aclmowledged before me this 4~ day of January, 2o1i, by Donald W. Downs, President of Downs Properties, Inc., a Virginia corporation, Grantor. ,,~ ~` ~ . ' Notary'Public J My Commission Expires: August 3i, 2014 Notary Registration No.: .192628 8 WITNESS the following signature and seal: Grantor: Whitaker Place, L.L.C., a Virginia limited liability company {~ ~ t „~ B , ~' ~- (SEAL) y. lr Robert ort n, Managing Member PREPARED BY: 7 : Sl'I.'~S. POL'~2DON. Ai~£RN ~ L£YI'. P.C. STATE OF VIRGINIA CITY OF VIRGINL4 BEACH, to-wit: The foregoing instrument was acknowledged before me this 3i~ day of December, 2010, by Robert W. Horton, Managing Member of Whitaker Place, L.L.C., a Virginia limited liability company, Grantor. ~~ .~~ . ~: l~fotary Public 'v~•~~~..„~",,,~.. ~" My Commission Expires: .August 3i, 2oi4 ,~` Notary Registration No.: 192628 ~~~'~'-,.:. 9 EXHIBIT "A" LEGAL DESCRIPTION PREPARE7~D BY: SYI.'1:S.3Sotllil)0N. ~11IItN & L£t~Y. P.C Parcel ~: All that certain lot, piece or parcel of land, situated in the county of Princess Anne, State of Virginia, bounded and described as follows, to-wit: Beginning at an iron pin in the Western side or Bayside Road N. 554.6 feet from a twin gum which marks the Southeastern corner of the Isaac Stevens Farm, and from such point of beginning, running Westwardly and parallel to the Southern line of said Isaac Stevens Farm, 495 feet, more or less, to an iron pin; thence N. 233/a E. 20.2 feet to a point which marks the Northwest corner of said farm; thence Easterly along the Northern line or said farm 50'7 feet, more or less, to the Western side of said Bay Side road, and thence Southwardly along a cured line, which marks the Western side of said Bay Side Road 2T7.3 feet, more or less, to the point of beginning It being the same property which was allotted in partition to ,Ernest Stevens, Pecolia Morton, Rosa Gilliam (now Smith), Priscilla Givens and Lydia Stevens by Deed April 18th, 1g2~, recorded in Deed Book i45, at Page 9o and by Deed of Correction, dated on the 1~ day of June i92~, and recorded in said Clerk's Office in Deed Book 145, at Page 576, and a two-fifths (2/5ths) interest in said property, that of Ernest Stevens and Pecolia Morton being sold to J. H. Hale, on the 2nd day of January, 1929, and recorded in said Clerk's Office in Deed Book 154, at Page 365. Less and Except that property conveyed to Nancy Bonney on the 1~ day of June, i92~, Deed to which being recorded in the aforesaid Clerk's Office in Deed Book 145, at Page 580; and Less and Except that property conveyed to the City of Virginia Beach, Virginia by Deed dated September ~, 1979, and recorded in the afore referenced Clerk's Office in Deed Book 1952, at Page 291. GPIN: i46~-88-8153 Parcel 2: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia designated as "No. 4, Helen Simmons, 0.56 acres, more or less", a certain plat entitled "Survey made for Helen Simmons, Mamie Simmons, Nancy Gordon and Sarah Miller", being a portion "Isaac Stevens Farm West Side Bay Side Road near Chinese Corner", dated August 12, 1942, of record In the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book i4, at Page 42. GPIN: i46~-88-6085 \\Sykesw2k\users\AM\Conditional Rezoning\Whitaker Place\Proffer_Clean 3-28-ii.Rev.doc io -52- Item i~ K.S. PLANNING ITEM # 60972 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances upon application of BREATHWAITE PLACE, LLC: (DISTRICT 2 - KEMPSVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BREATHWAITE PLACE, LLC, re Change of Zoning District Classification, Conditional A-18 Apartment to PDH-2 (A-18), southeast corner of intersection Newtown Road and Rock Creek Lane (GPIN 1468424560; 1468424432; 1468424315; 1468423287; 1468424132; 1468426125). Density 10 units/acre Comprehensive Plan - Suburban Area. DISTRICT 2 - KEMPSVILLE. The following condition shall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. AND, Ordinance extending the date for satisfying conditions in the application of Breathwaite Place, L.L.C., for the closure of a portion of Newtown Road adjacent to 732-746 Newtown Road and 5573 Rock Creek Lane. The date for meeting conditions of closure, is extended to February 23, 2012 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 Twenty fourth day of May, Two Thousand Eleven Voting: 11-0 (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, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 24, 2011 U n ~ I ~ ,~~~ r _ y ~l~ 1 ~F ~UR~ ~, ifs U ~j = N AT~~N In Reply Refer To Our File No. DF-7877 TO: Mark D. Stiles FROM: B. Kay Wils CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: May 11, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Breathwaite Place, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 24, 2011. I have reviewed the subject proffer agreement, dated December 29, 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 ~ BREATHWAITE PLACE, L.L.C., a Virginia limited liability company CURTIS BREATHWAITE MILDRED ELAINE BREATHWAITE DEANS INEZ JAMES, SYLVIA B. NANCE, BETTY JEAN GADSON and LINDA VERNON PATRICIA E. WILLIAMS, DWAYNE E. MUMFORD, LILLIAN M. HELM a/k/a LILLIAN M. MELVIN, JUDY M. RAINEY and KAREN D. MUMFORD AARON L. RAINEY and BEVERLY B. RAINEY, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of December, 2ol0, by and between BREATHWAITE PLACE, L.L.C., a Virginia limited liability company, Grantor, party of thE~ first part; CURTIS BREATHWAITE, Grantor, party of the second part; MILDRED ELAINE: BREATHWAITE DEANS, Grantor, party of the third part; INEZ JAMES, SYLVIA B. NANCE, BETTY JEAN GADSON and LINDA VERNON, Grantors, parties of the fourth part; PATRICIA E. WILLIAMS, DWAYNE E. MUMFORD, LILLIAN M. HELM a/k/a LILLIAN M. MELVIN, JUDY M. RAINEY and KAREN D. MUMFORD, Grantors, parties of the fifth part AARON L. RAINEY and BEVERLY B. RAINEY, husband and wife, parties of the sixth part;, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth oi' Virginia, Grantee, party of the seventh part. GPIN: 1468-42-4560 1468-42-4432 1468-42-4315 1468-42-328 1468-42-4132 1468-42-6125 Prepared By: R Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 28i Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 PREPARED BY: • SYK£J. I30tJRDt3N. A~1l;RN & Ll:VY. P C 1 WITNESSETH: PREPARED BY: Sl'~S.I~0L'~2D0N. AtttEI2A' ~ L~vY, P.C WHEREAS, the party. of the second part is the owner of a certain parcel of propert~T located in the Kempsville District of the City of Virginia Beach, Virginia, containin~~ approximately 16,680 square feet designated as Parcel One in Exhibit "A" attached hereto and incorporated herein by this reference. Parcel One, along with the other pieces and parcels described herein and in Exhibit "A" are hereinafter collectively referred to as thEa "Property"; and WHEREAS, the party of the third part is the owner of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, Virginia, containin€; approximately 0.522 acres designated as Parcel Two in Exhibit "A" attached hereto and incorporated herein by this reference. Parcel Two, along with the other pieces and parcel:; described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property";; and WHEREAS, the parties of the fourth part are the owners of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, Virginia, containing; approximately 0.482 acres designated as Parcel Three in Exhibit "A" attached hereto ands incorporated herein by this reference. Parcel Three, along with the other pieces and parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the parties of the fifth part are the owners of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, Virginia, containing, approximately 0.642 acres designated as Parcel Four in Exhibit "A" attached hereto and. incorporated herein by this reference. Parcel Four, along with the other pieces and parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the parties of the fourth part and the parties of the fifth part, together are the owners of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, Virginia, containing approximately 1.615 acres designated as Parcel Five in Exhibit "A" attached hereto and incorporated herein by this reference. Parcel Five, along with the other pieces and parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the parties of the sixth part are the owners of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, Virginia, containing 2 approximately o.46 acres designated as Parcel Six in Exhibit "A" attached hereto and incorporated herein by this reference. Parcel Six, along with the other pieces and parcel; described herein in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the first part is the contract purchaser of the assembled property containing approximately 3.8 acres and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from Conditional A-18 Apartment District to Conditional PDH-2 District with an underlying A-i8 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 party of the first part acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned area needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the party of the first part 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 PDH-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment: to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the party of the first part, for itself, its successors, personal. PREPARED BY: SSYICtrS, pOtTR ON, ~tEt2N & Lam'. P.C representatives, assigns, grantee, and other successors in tide or interest, voluntarily and. without any requirement by or exaction from the Grantee or its governing body and without. any element of compulsion or quid fro quo for zoning, rezoning, site plan, building permit, of subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with. the Property, which shall be binding upon the Property and upon all parries and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 3 1. When the Property is developed, it shall be as a residential condominium, substantially in accordance with the "Conceptual Site Layout & Landscape Plan Of Breathwaite Place Virginia Beach, Virginia, dated 11/29/10, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach PREPARED BY: SYIC£S. ~OURDON. ~I~I2I4 & T~VY. ~.C Department of Planning (the "Concept Plan"). 2. When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (i I entrance from Newtown Road as depicted on the Concept Plan. 3. The total number of dwelling units permitted to be constructed on the Property shall not exceed thirty-eight (38). Each dwelling unit shall contain a minimum o:~ 208o square feet of enclosed area, with a one (i) car garage or a two (2) car garage. 4. The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on the building elevations designated BREATHWAITE PLACE, prepared by Progressive Designs and dated 11/2g/io; "BREATHWAITE REAR ELEVATIONS UNITS #29 through #38" on Concept Plan; and "BREATHWAITE SIDE ELEVATION UNITS #1, #2g AND #38" on Concept Plan, whicYt have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Elevations"). 5. The dimensional requirements applicable to Breathwaite Place shall be as follows: • Minimum setback from Newtown Road • Minimum setback from Rock Creek Lane • Minimum rear yard and side yard setback from adjacent property • Minimum distance from dwelling to edge of curb on interior streets: Front/Garage Side of Dwelling Rear of Dwelling 39.54 feet 26.0 feet i5 feet i8 feet 8.18 feet x.62 feet • Minimum distance between residential buildings io feet 6. When the Property is developed, the Grantor shall record a Declaratioru submitfir~g iiie Prvpeit,~ tG aLLie Condominiuiri ACt Of ache Commonwealth of Virginia. T11~ Condominium Unit Owners' Association shall be responsible for maintaining all open spaces;, 4 ~,I common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. ~. The areas depicted on the Concept Plan which ~~ill not be occupied by residential dwellings, patios (fenced or unfenced), drive aisles, and parking areas are opens spaces which shall be utilized as such. Open spaces shall be rezoned to P-i Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). 8. The Covenants, Restrictions and Conditions set forth herein replace and supersede the "Proffered Covenants, Restrictions and Conditions dated July 3i, 2oog recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia. PREPARED BY: SYI~'~S. ~OURDON, ~~ t~I~I2N & 1.~VI'. P.C as Instrument #20100602000533440• 9. Further conditions may be required by the Grantee during detailed Site Plan. review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specificall}~ 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 Zoning Ordinance until specifica115~ repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing a:; evidenced by a certified copy of an ordinance or a resolution adopted by the governing bod}~ of the Grantee, after a public hearing before the Grantee which was advertised pursuant tc- the provisions of Section 15.2-2204 of the Code of Virginia, i95o, as amended. Saict ordinance or resolution shall be recorded along with said instrument as conclusive evidencE~ of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: } 5 (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall bE~ vested with all necessary authorit~~, on behalf of the governing body of the City of Virgini~i Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance v~~ith such condition:> be remedied; and (b) to bring legal action or suit to insure compliance v~~ith 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 Property, and the ordinances and the conditions maybe made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. PREPARED BY: 7 ~ SI'Y~S. BOU~2D~N. i`~ t'stI~RN & L~vY, P.C 6 WITNESS the following signature and seal: PREPARED BY: i SYK~S. ri~l~.l~~~. 1~~1 ~II=RN & L~V4. ~.C. .STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Grantor: Breathwaite Place, L.L.C., a Virginia limited liability company .. ~ ,,. By: : ~ - ~ ` (sEAL) Francis H. ohan, Managing Member The foregoing instrument was acknowledged before me this ~a ~ day of c1G~~1~~'~', 2010, by Francis H. Cohan, Managing Member of Breathwaite Place, L.L.C., a Virginia limited liability company, Grantor. My Commission Expires: Notary Registration No.:_ Notary Public ~~~`e~~eoaeseaae 6 Ai iipe` 6~ ^y ~ ~ ~ r ~°~ ~' ~`°~° pCUfiL~C .iia `~ REG ~ 361227 MY COMMISSION ~ ¢ e ~' po EXPIRES z p e~~~,+ ~°°e~ Q5t31113 °: ' 4~~c 6~~®~~-"ir b6Q0 Od ,E6m WITNESS the following signature and seal: Grantor: ~~.~ ~ ~4~ ~~ ~ :~ ~^ ~- ~ ~~.~•- ~CsE~) Curtis Breathwaite STATE OF VIRGINIA f~~~.~o L CITY OF , to-wrt: Fem. The foregoing instrument was acknowledged before me this ~~~~ day of ~c~r~-~.1~~ , 2010, by Curtis Breathwaite, Grantor. t~l~hn Notary Public ley Commission Expires: / ~ 1 1. ~~ ~ ~ M~m~~n~p~ ,,~~A p~~ Notary Registration No.: o~ 1 ~ ~ a~,r`~, THOlygs ~~ Np1'A~ ~~; M`~~MR~ oN ' Z .~+ ~`~31113 ••' s`,~ ~~~~ .• ~~ 8 V1IITNESS the following signature and seal: 1 Grantor: ~~~~ ~ ) Mildred Elaine Breathwaite Dean ~t ~ ~J 1. STATE OF VIRGINIA ' CITY/COUNTY OF Snu , to-wit: The foregoing instrument vas acknowledged before me this a' ~ day of 2010, by Mildred Elaine Breathwaite Deans, Grantor. N ry Public My Commission Expires: `~`~-cam ~ ~ ~ Z~ < < Notary Registration No.: ~~7 0201 . w. r...~--, '~ ~ Cne11~ ~ ~° Z1il~ ~ ~1.2C11 My COerirnliilon ~P~ ~1I 9 ViTITNESS the following signature and seal: Gran Inez STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~~ day of ~z~~~~' , 2010, by Inez James, Grantor. ~ ~/ 1 Notary Publac 1VIy Commission Expires: v~=~.~ ~ ~ ° ~~ Notary Registration No.: J ~F ~ b' ~"~ r~J' • . PURL C.••.~y~y~ '~ : -REG. #194788 ~' n ~: MY COMMiSS1~N 2 .~~ ; ~ EXPIRES ~ s,~y~ ~ 9130/201 ~~ ~~ ~,~ 10 WITNESS the following signature and seal: ~a,,eo~ ~: ~ ~ E ~ ~ ;~a~~•n~a~ Grantor: ~' 1 ,~ ' .. r- ~ ~ ~-.~= ~.-'Z,;~~I 1~"~,~ ~~ `--~ (SEAL) ,Sylvia B. Nance e ! r ` ~; •° ~~coe«' `~~~ ~~~"'~¢~~~~STATE OF ~~~~f - CITY, f C~~N~1 ~F `' c = ~~ to-wit: _ . _-. The foregoing instrument was acknowledged before me this ~_ day of 2010, by Sylvia B. Nance, Grantor. ~~ ~. ` otary public /- My Commission Expires: ~ `l ~~ 1 Notary Registration No.: /l.~ " 11 WITNESS the following signature and seal: Grantor: 230 dean Gadson AR STATE OF ~ r - ~ ~ ~ ~, CITY/COUNTY OF ~d~ to-wit: j ---.-~.,` ~'c~ .~- The foregoing instrument was ac wled d before me this `~ day of U `j" , 20~~, by Betty Jean Gad n, r nt /~ ~ ~,, Notary Public Ii~y: Commission Expires: ~ ~ f ~'' Notary Registration IVo.: 12 WITNESS the following signature and seal: Grantor: s / Z .` .: ~p1/li--l~~- ~~ ~~ ~~ (SEAL, Linda Vernon STATE OF ~~~ - CITY/COUNTY OF - (~,~ to-wit: Th4~e} foregoing instrument , as acknowledged before me this day of ~l.~l,fi~l~~ .. 2oio, by Linda Verx,~on, Grantor. ,~ ______._.___..1~. Notary Public Nty Commission ExFires:~^ t ~ ~ ~ ,4~ Notary Registration IVo.: ~ 7 l ~ _~ •"""'~ DIERDRE E DAMS J~•S~Y Pue,'• r°r ~'c+t NphryPUbIIC-StGSedFIO~idc] • Ny Corm1 F~Ires,lan 13, 2012 =;"~ ~;= Commission # DD 748114 ~'!FO;; ~~``° Botx~edltYOtt~ilNagonOlNOtaryA~[1. 13 WITNESS the following signature and seal: Grantor: ~~ .~ ~ (SEAL) Patricia M. Wil ams STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: -~ T e foregoing instrument was acknowledged before me this ~ day of~ '~ 7 T_ ~ • T ~f r•] ~ 2010, uy racricia rdt. vvtil~aius, Grantor. .~ ~~ ~ ~ ~ Notary Public My Commission Expires: ~ `~~ - ~ / Notary Registration No.: ~ ? 5-~~= `-f G1NIA MY COMi~iSSION EXPIRES 06.31-2-013 r~Ra M LULA MAE STOKE$ NOTARY PUBLIC ~' ~~ COMMONWEALTH OF VIR ~" REG # 7253547 14 WITNESS the following signature and seal: Grantor: ,.~-a '~ ~,,.c ",l-1,: ~',... ~..-.~ ,~~. ~,~ ,,(SEAL,) F Wayne ~ . Mumford :` STATE OF VIRGINL4 CITY OF VIRGINIA BEACH, to-wit: T}'~:e foregoing instruYr~c~~t ~u; a~rin~v.rledged before me ~~his day of D ~ ,~ !1, y Wayne E. Mumf rd, Grantor. 2~~t~ r f: Notary Pu Iic 15 WITNESS the follo~~ing signature and seal: Grantor: M. (Helm a/k/a Lillian M. Melvin STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: .., he foregoing instrument was acknowledged before me this __~_~__ day of ~~ by Lillian M. Helm a k/a Lillian M. Melvin, Grantor. ~2ve~ F j 4 Notary ublic / 11 My Commission Expires: o~- (,• `c~ Notary Registration No.: . . 16 WITNESS the following signature and seal: Grantor: ~ ~ - ,.w: ~ '~''• ' '' ` ~°`" ~'~~ '/L~'~``~ (SEAL) - Lam- Judy .Rainey STATE OF ~' L' !~ ~v CITY/COUNTY O y t.. ~ 1~ ~ i- to-wit: r The fore oing instrument was acknowledged before me thi~~(~ `~ ay of ~h tl ~ ~, ' ~" ~ ~' ~ % 2010, by Judy M. Rainey, Grantor. My Commission Expires. ' ~ --~ ~ ~-~ Notary Registration No.: 17 WITNESS the following signature and seal: Gra r: `'~ , ~~ G~~~ (SEAL) Karen D. Mumford STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~ day of by Karen D. Mumford, Grantor. °~~ ~~[ Notary public My Commission Expires: j Notary Registration No.: ;. ~~, < -.~ ~~, +/fin K^~M C~~{} ~~, ` 5~ 3 18 WITNESS the following signatures and seals: Grantors: ~` ~ (SEAL) Aaron L. ine f ;~ ~:~; , f ~ ~~ ~~'~ (SEAL) ' , Bever y B`. Rainey - STATE OF VIRGINIA CITY OF VIRGINIA BE',ACH, to-wit: The foregoing instrument was acknowledged before me this ~ ~ day ofd K O~~:Y~1KJJ~,t~ , 2oio, by Aaron L. Rainey and Beverly B. Rainey, husband and wife, Grantors. ~~ Notary Public My Commission Expires: ~- 31-.~ Notary Registration No.: 1 ~ ~~ ~"'1 Dt~t~- LYt~~ Fr~~d~. ~ Notar} Pubii~ CorRtnonweait#~ o= ~'"~ 3132~~ Nly i';omrni'sn casgs~r~~ 13 ~. PREPARED BY: ~ ~4~i~N & L~vl', P.C. 19 EXHIBIT "A" LEGAL DESCRIPTION PREPARED BY: `~`.. 3~ xtS. li V U H1JON. Parcel One: All that certain lot, piece or parcel of land, together v~~ith the buildings and improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the Bayside Borough of the City of Virginia Beach, Virginia, and being knov`~n, numbered and designated as Lot B, as shown on that certain plat entitled, "Subdivision of The Remainder of Property As Shown on that certain plat entitled `Properly of Curtis Breathwaite Located Near Davis Corner" and recorded in Deed Book 444, at Page 4~3, Bayside Borough, Virginia Beach, Virginia for Curtis W. Breathwaite"', which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 231, at Page 2; to which reference is hereby made for a more particular description. GPIN: 1468-42-4560 Parcel Two: All that certain lot, piece or parcel of land, together ~~ith the buildings and improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the Bayside Borough of the City of Virginia Beach, Virginia, and being known, numbered and designated as "Bruce Breithwaite" 0.522 Acres, as shown on that certain plat entitled, "Resubdivision of Property of Anthony R. Braithwaite Estate WB 58 p 115 ` Nev`~some Farm' Bayside Borough Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 173, at Page 32; to which reference is hereby made for a more particular description. GPIN: 1468-42-4432 Parcel Three: All that certain lot, piece or parcel of land, lying, situate and being in the Bayside District of the City of Virginia Beach, Virginia, being bounded and described as follows: Beginning at a 5 inch pipe in the northern side of Bayside Road to Davis Corner and running thence along the property of A. Breithwaite, North 63° 35" East 211.4 feet to a pin; thence South 18° 56" East ~i.8 feet to a pin; thence South 6'7° West 195.1 feet to a 5 inch pin in the northern side of said road; thence 59.7 feet to the point of beginning, containing .32 acres more or less; and All that certain parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly described as "Parcel `Y' o.i~o Ac Parcel to be Conveyed to Peele" on that certain plat entitled "Resubdivision of ;Property of Anthony R. Breathwaite Estate, 20 `Newsome's Farm', Bayside Borough, Virginia Beach, Virginia, Scale 1"=50', dated September 3, 1983", which plat was made by Gallup Surveyors & Engineers, Ltd., and which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book i73, at Page 32. PREPARED BY: SYi~S. BOURDON, I~ At~II~N & ltVl'. P.~ GPIN: 1468-42-4315 Parcel Four: All that certain lot, piece or parcel of land, located in the Bayside District of the City of Virginia Beach, Virginia, and being described as follows: Beginning at a point on the East side of Bayside Road at a pin in the dividing line between the property now or formerly belonging to Ruth Bailey and the property hereby conveyed; thence North 6~° oo' East 5 feet to a pin; thence North 6~° oo' East 195.1 feet to a pin; thence South 18° 56" East l02 feet to a pin; thence South 6g° 23' West 177.2 feet to a pin; thence in the same course 5 feet to a pin on the East side of Bayside Road; thence North 2g° 40' West along the East side of Bayside Road 94.9 feet to the point of beginning; a plat of which property is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed 360, at Page 47i. GPIN: 1468-42-328 Parcel Five: ALL THAT certain parcel of land situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly designated as "Remains of Anthony R. Breathwaite Estate" on that certain plat entitled "Resubdivision of Property of Anthony R. Breathwaite Estate, `Newsome's Farm', Bayside Borough, Virginia Beach, Virginia, Scale 1"=50', dated September 3, 1983", which said plat was made by Gallup Surveyors & Engineers, Ltd., and which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 173, at Page 32, reference to said platbeing hereby made for a more particular description and location of the aforementioned property. GPIN: 1468-42-4132 Parcel Six: ALL THAT certain parcel of land situate, lying and being in the City of Virginia Beach, Virginia, being a portion of Lot D as depicted on the Plat of Newsome Farm as recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 62, at Page 1, which parcel is more particularly described as follows: 21 Beginning at a pin found located at the southeast corner of "PARCEL 2" (GPIN 1468-42-- 328'7) as depicted by plat recorded in Map Book 173, at Page 32 which pin is also located al: the southwest corner of Lot D (GPIN 1468-42-6125) as depicted on the Plat of Newsome. Farm (M.B. 62, Pg 1) and from said Point of Beginning running along the boundary line between the two aforementioned properties North 40° 20' 59" East, a distance of 127.4 feet. to a point; thence turning and departing from said boundary line South 58° 22' 14" East, a distance of 165.0 feet to a point on the western boundary of the Subdivision of Bayside Place as recorded in the afore referenced Clerk's Office as Instrument #2oo3i2i8o2ii118; thence along said boundary line South 42° 45' 25" West, a distance of 128.41 feet to a point; thence turning and departing said boundary line and running along the shared boundary line with "The Remaining Part of Lot io (GPIN 1468-42-4132) as depicted by Plat recorded in Map Book 173, at Page 32, North 58° 22' 14" West, a distance of 159.62 feet to the pin at the Point of Beginning and containing 20,455 square feet or o.4'7 acres. GPIN: 1468-42-6125 \\Sykesw2k\users\AM\Conditional Rezoning\Breathwaite Place\2oio\Proffer_Clean 3-28-ii.Rev.doc PREPARED BY: ~ SYI~1rS. $OUIZDON. u'0 ~1:~~ & Its. ~.c 22 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING CONDITIONS IN THE MATTER OF 3 THE APPLICATION OF BREATHWAITE PLACE, 4 L.L.C., FOR THE CLOSURE OF A PORTION OF 5 NEWTOWN ROAD ADJACENT TO 732-746 6 NEWTOWN ROAD AND 5573 ROCK CREEK LANE 7 8 9 WHEREAS, on May 25, 2010, the Council of the City of Virginia Beach 10 acted upon the application of Breathwaite Place, L.L.C. (the "Applicant"), for the closure 11 of a portion of Newtown Road adjacent to 732-746 Newtown Road and Rock Creek 12 Lane, as shown on Exhibit "A"; and 13 14 WHEREAS, on May 25, 2010, the Council adopted an Ordinance to close 15 the aforesaid road, subject to certain conditions being met on or before May 24, 2011; 16 and 17 18 WHEREAS, on April 29, 2011, the Applicant requested an extension of 19 time to satisfy the conditions attached to the aforesaid street closure. 20 21 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 22 Virginia Beach, Virginia: 23 24 That the date for meeting conditions of closure as stated in the Ordinance 25 adopted on May 25, 2010, upon application of Breathwaite Place, L.L.C., is extended to 26 February 23, 2012. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on the 29 ~~1day of n~_, 2011. 30 GPIN'S: 1468-42-4560-0000, 1468-42-4432-0000, 1468-42-4315-0000, 1468-42-3287- 0000 and 1468-42-4132-0000 CA11716 R-1 May 10, 2011 APPROVED AS TO LEGAL SUFFICIENCY: r ~ Lucia G. Whi ow, Associate City Attorney 1 APPROVED AS TO CONTENT: EXHIBIT "A" NOTES: 1. THIS EXHIBIT DOES 00 ~ l Ak NOT CONSTITUTE A 6 BOUNDARY OF LAND. 3 26 +19 $ THIS EXHIBIT WAS 2 . . ' 65 CREATED WITHOUT THE .96 RT 1 BENEFIT OF A T1TLE '' 1 REPORT. 3. THE PURPOSE OF THIS ~ ~ ~ o° EXHIBIT IS TO CLOSE A p y ~ = PORTION OF NEWTOWN D TO oo r OR _ ROAD AN 63 o • ACCOMPANY THE DEED. -~ ~ ~ o~ y :~0. 1 ~ a~ ~~~, ~~a ~ ca ~~~ '>' P ~ ~Z~~ ~i ~ ~ . c ~ ~ ~ 3> ~~ p ~ ~ ~ ~' ~.~~ , S' ~' a ~ 62 00 m~ ~n ~ `/ , Q , ~y~ s~r` 2 ~ p` ~ 1 ~ ~ ~~ . a _ 9~ti no ~~ m~ -9j, Z "-~ 61 00 ~ o ~, CURVE TABLE ~ I CURVE RADIUS LENGTH TANGENT C C1 640.00 164.76 82.84 ~I -~ h ~ CHORD BEARING DELTA ~ cQ I 164,31 N 33'24'57" E 14'45'00" ~ ~ ~I 1 i 60 00 Z C? DENOTES PORTION ~~ I- ~ OF NEWTOWN ROAD ~ 0 TO BE CLOSED p ~° AREA = 15 490 SF ~ `(~~ OR 0.356 AC a, I ~~ cD rn BASELINE TAKEN FROM co V.D.O. T. PLANS FOR °J- NEWTOWN ROAD PHASE 1-B, SHEETS J7-20, 5900 '' DATED 6-07--1985 ~~.~pyTH dF Lf 47. ~G~ Lic. No. 2306- 2-- 2'~ - ` '"s C~° suR~ti~ ~~' SO R/-~7 R=871.44' ( ~~ L Y CLASSY GOODMAN ROAD) L-_ 9.53' (MB 241SP) PG 418) (MB 23 91P2 '2) PIN(F) .,itJ{ c F1'44'26" E 132.93' PIN(F) ' ~N 73'00'43" E ~ ~°~~ 22.s7' "~ ~~JCURTIS BREATHWAITE N ~ Q N (P) {DB 444, PG 471) o ~ ~ '` ~IN LOT B ~ M O ~. (MB 231, PG 2) GPIN 1468-42-452 93' ~ F~ ~IN(F~ 158.90' 0.05' RT PI~(75.00' N 58'08'44" W 333.90' o, DEAN & MILDRED ELAINE BREATHWAITE ' ~ (WB 74, PG 965) ~ ~ PARCEL X (MB 173, PG 32) GPIN 1468-42-4432 N 57'08'01" W 316.20' o JAMES 1NEZ &SYLVIA A. NANCE, 1 ET AL '= (INST #20061115001727110) '- PIN(IN(~~ PARCEL Y, (MB 173, PG 32) n P _GPtN 1468-42-4315 ~--- - 4.35' N 53'46'33" W -!- - - 0.54' RT 298.74' 0/A t° `D DWAYNE E. MUMFORD, ET AL o ~ {WB 86, PG 1669) °- PARCEL Z PIN(FPIN(F~ GPINB1468-42-3287 28.92' ;• - - 14-- ~~ 4~' - '1J S 51'28'41" E - _""_' Q ; in ,n JAMES INEZ &SYLVIA " ~ A. NANCE, ET AL • ~ ° (DB 2326, PG 1017) `4 ~ REMAINING PART OF TRACT `~ z 10, (MB 173, PG 32) •6 GPIN 1468-42-4132 240.11' PIN(F) N 50'01'47°'~,"'~----_-.----, 29 7.79' N/F +31.53 CHINESE COMMUNITY CUL TURAL 14' R T CLUB, /NC. (DB 2228, PG 3DBJ PARCEL Ax & PARCEL X (MB 94, PG 29) (MB 45, PG 55,J (MB 195, PG 78~ GPIN 1468- 42-2D93 59 REV 2 KCR 3-18-2010 ESQUIRE 3-18-2010 REV 1 KCR 2-22-2010 CITY COMMENTS 2-19-2010 SHEET 1 OF 2 EXHIBIT A PLAT SHOWING PORTION OF NEWTOWN ROAD TO BE CLOSED VIRGINIA BEACH MSA., P_C_ ENVIRONMENTAL SCIENCES •GEOSCIENCES PLANNING • SURVEYING •ENGINEERiNG •LANDSCAPE ARCHITECTURE 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23~ 757-490-9264 (OFC) 757-490-0634 (FA www.msaonline.com PROD. N0.:09037 DRAWN: KCR VIRGINIA ~ DATE: 2-23-2010 SCALE: 1" = 60' EXHIBIT "A" NOTES ~~ ; ~ 4 1. THIS EXHIBIT DOES , 4 NOT CONSTITUTE A v 1 _ ,O PAC BOUNDARY OF LAND. , = 1 3_ ~~ g" _ _ _ . - 2. THIS EXHIBIT WAS ~ _ W - - -" ~- SS-- ~,S~T,y1y 15" !,'CP ~ CREATED WITHOUT THE BENEFIT OF A TITLE ~~ II ~ REPORT. ' ~ 3. THE PURPOSE OF THIS ~ ~. 1 EXHIBIT IS TO CLOSE A I ' PORTION OF NEWTOWN ROA , AND TO ACCOMPANY THE DEED. o `4~ ^~ V ~'C Z 11 t ~ ~ ~ ~~'. ~ G7 '4 ~ ~ Q 2-.S.i N~ ~ ~" UAL~F n'RSD~ ( = L m~ ~ CB I ~,L ~~ N ~ .~~ t .1 ~ ~ `~ c ~~ 9 'b~ STMh' \ S OG ~ 5 ~ F ~5- ,o '~ ~~~ ~ ~ f I' l ~ 9 ~~ ~p ~ -v ° 'A 0 0 ~ ti ,9 y ~~ ~~ I \ } G f(f ~ S PLAN VIEW SH©WING i1 TOPOGRAPHIC FEATURES ~ j ALONG PORTION OF ~ l NEWTOWN ROAD TO BE q `' CLOSED I ~ ` ~ DENOTES PORTION OF NEWTOWN ROAD TO 8E CLOSED ¢--I AREA = 15,490 SF FH WV OR 0.356 AC I - + ~[ ~,~~,TH ~~+ pr .- ~4~ F/BER OP77GS j bYlTNESS POST" /// !r, ry Licry~No. ,2r3~,06 j L ' ~.- f ~ 4 C~-~` j ~.~.~.. -----= D/ ROGYt' ~~ ~E ('~' Rf ~~ (FORMERLY ~~~ ¢S ~ (MB 23~ PG 2) ~ (MB 2416, I .~, 1 ~' PEFi~ ! CL~ C p 1 SC0 ~ ~ CARPORT ~ ~ ~? 1-STY BRICK ~ -~ I ,¢'746 (~ FRAME l~{ SHED v ~ ' ._.__.."..-..--_ _-.- o `~..::~~... -.. ~... & FR 1-STY BRK ~ GARAGE ' I ~ ~.SCO /-STY BR/CK ,¢742 t SCO~ 1-STY BR/C i c5 ~~ ~r740 ~ :::I SS~SH T U~M S . C,ti , V :.:: ::~::::-: ' f PED IEL PED ~~-~~` - FRAME ~ ~ ~ SHED ~ TEL BOX 1'- ~~~----- ~ CABLE BOX ~'~ WELL ~' ~ ~.~ I + CONC dYALK ~S ~~ GPA ~EL_ _ ~- -~ _ ,~ .. ~ . ~ PP 1q~0 SUR~~y~~ REV 2 KCR 3-18-2010 ESQUIRE 3-18-2010 REV 1 KCR 2-22-2010 CITY COMMENTS 2-19-2010 SHEET 2 OF 2 MSA. P_C. EXHIBIT A ENVIRONMIENTAL SCIENCES •GEOSCIENCES PLANNING • SURVEYING •ENGlNEERING PLAT SHOWWG •LANDSCAPE ARCHITECTURE PORTION OF 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 2346 NEWTOWN ROAD 757-49D-9264 (OFC) 757-490-0634 (FAX TO BE CLOSED www.msoonl!ne.com PROJ. N0.:09037 DRAWN: KCR VIRGINIA BEACH VIRGINIA DATE: 2-23-2010 SCALE: 1" = so' i a G i~ rC a J .J y ~, a. ~ ~.J .^... W ~i y R 1 i r :~.; .. f ~ i L---~ 1 I' i ~ ,; ,~r ~ f c ~, ~ f~` i f i ~~ rf +~ ri. r/ -~~~ , , ~, f f~~ ~ f ,~ ~~~ r' /~ ~f {fi f,. f r r<« _ f 1~ ~' ~ ~ r ~ Y 1' / ~ V ( 7 . -~ `%~-~~ m ~- ;f r x ~.! .~.,.,+~ ~ rf `~ {~~ ff r L` rf t~ . r t ~ i ~1 1 ~ f' f ~~~ _ ~ ~ -i- ~, ~r. , ,, ~ ~` ~r :,,~ ~.~ ~ ~,. r ffj fr ~~~4~ tif'~.1 ~ ~~~ \ f Q n r tCl N ~ m 8'Py ~ ~ f/~// ~ / as c~ U ~J 0 0 ~b1/NSd~[t ~; .~ r N 0 4 W Q c~ 0 .'~`~ 0 V o~ 1 Q V ~_ O N .,, O V a. d y ~ ~~ 00 N L ~ o q, ~o O U ;~ ~o ~~ 30 ~ i N ~ of -53- Item L.1 APPOINTMENTS ITEM # 60973 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION TOWING ADVISORY BOARD May 24, 2011 -54- Item L.2 APPOINTMENTS ITEM # 60974 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Prescott Sherrod Edwin G. Tirona 2 year term 06/01/2011- OS/31/2013 MINORITYBUSINESS COUNCIL Voting.• 11-0 Council Members Voting Aye: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None I May 24, 2011 -SS- Item D. ADJOURNMENT ITEM # 60975 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:45 P.M. ~. y~~~~ Beverly O. Hooks, CMC Chief Deputy City Clerk /Lt~-~-~-./ th Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor May 24, 2011 -SS- ADJOURNMENT ITEM # 60975 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:45 P.M. -~ - , ~~ J 1~ r~ ~5. f' } Beverly O. Hooks, CMC Chief Deputy City Clerk - - ---- -- - ------~~-,c~-,~ th Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia ~~ _ ~~~~ - - ---- - - --------- William D. Sess s, Jr. Mayor May 24, 2011