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AUGUST 9, 2011 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., AbLarge ~7Ch,' MAYOR I OUIS R. JONES, Bayside - Distric! d GLL'NN R. DAMS, Rose Hall -District 3 WILLIAM R. DeSI EPH, At-Large HARRY E. DIEZEI , Kempsville -District 2 ROBERT M. DYLR, Centerville -District / BAKBARA M. HEN/,EY, Princess Anne - District 7 JOHN E. UHR/N, Beach -District 6 PRF.SC07T SHERROD, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, I,ynnhaven -District .i CITY COUNCIL APPOINTEES ClI'YMANAGER JAMES K. SPORH,' CITYAll'ORNEY- MARK D. STILES CITY ASSESSOR ,IERALD D. BANAGAN CITYAUDITOR- LYNDONS. REMIAS CITY CLERK -RUTH HODGES ERASER, MMC' CITY COUNCIL AGENDA 9 AUGUST 2011 CITY HALL BU/LDING' 2401 COURTHOUSE DRIVE VIRG/NIA BEACH, VIRG/NIA 23456-9005 PHONE: (757) 385-4303 FA,~ (757J 385-5669 E-MA/L: Ctycncl@vbgov.com I. CITY COUNCIL LIAISON REPORTS -Conference Room - 3:30 PM 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 4:00 PM 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: Dr. James R. Pipkin Pastor, St. John's Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. CEREMONIAL SWEARING-IN 1. Oath of Office -Councilman-Elect Prescott Sherrod The Honorable Tina E. Sinnen, Clerk of the Circuit Court -Presiding E. ELECTRONIC ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS H. FORMAL SESSION AGENDA I. CONSENT AGENDA J. MAYOR'S PRESENTATION 1. Proclamation -RECOGNITION DAY -August 9, 2011 EMERGENCY RESPONSE TEAM K. BID OPENINGS 1. WILDLIFE REHABILITATION PROGRAM 3592 Indian River Road 2. LONG TERM LEASE -Rehabilitate Existing Building for Multi-Use 225 17th Street July 12, 2011 L. PUBLIC HEARINGS 1. CITY COUNCIL/SCHOOL BOARD - "Redistricting" Proposed Residence Districts 2. JUSTICE BYRNE MEMORIAL ASSISTANCE GRANT -Allocation M. ORDINANCES/RESOLUTION 1. Ordinance to AMEND § 10-1 of the City Code re changing the Polling Place for Lynnhaven Precinct to the First Landing Fire Station 2. Ordinance to AUTHORIZE the "RURAL AICUZ AREA ACQUISITION PLAN" as part of the BRAG Response Program and to ALLOW the City Manager to acquire qualifying properties by voluntary acquisition 3. Ordinance to AUTHORIZE anon-binding Memorandum of Understanding (MOU) between the Trust for Public Land, Chesapeake Bay Foundation and the City to memorialize the proposed process to acquire Pleasure House Point 4. Ordinance to ACCEPT a Conservation Easement dedication and preserve an historic farmhouse at 3067 West Neck Road 5. Resolution to ISSUE an EMS permit to American Medical Response Mid-Atlantic, Inc. to operate a private ambulance service within the City limits 6. Ordinance to AUTHORIZE a temporary encroachment into portions of City-owned rights-of--way for TOWN CENTER ASSOCIATES 7, LLC, to allow construction of a subterranean grease interceptor under Commerce Street 7. Ordinances to ACCEPT and APPROPRIATE Grant funds: a. $17,500 from Homeland Security to the Fire Department re equipment for the Hazardous Materials Team (HAZMAT) b. $142,590 from various sources to Public Utilities re auxiliary power for sewer pump stations c. $265,797 from the Virginia Department of Criminal Justice re the Victim Witness Program d. $27,735 from the Virginia Rescue Squad Assistance Fund under the Four-for-Life Program with a local match of $27,735 re purchase of defibrillators e. TRANSFER $15,000 from the General Fund Reserve to Economic Development and AUTHORIZE a donation to: a) Seton Youth Shelters b) Children's Hospital of the King's Daughters c) Virginia Beach Travel and Tourism Foundation N. PLANNING 1. Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger transportation terminal at 971 Virginia Beach Boulevard (DISTRICT 6 -BEACH) DEFERRED APRIL 12, 2011 DEFERRED MAY 10, 2011 APPLICANT REQUESTS DEFERRAL 2. Application of HAMPTON ROADS CHURCH OF CHRIST for Modification of Condition #3 of their Use Permit (approved by City Council August 26, 2009) re an additional modular unit at 2520 Holland Road. (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION APPROVAL -DELETE Condition #3 3. Application of EQUI-KIDS THERAPEUTIC RIDING PROGRAM for Modification of a Conditional Use Permit (approved by City Council August 12, 2003) re construction of a single- family dwelling at 2626 Heritage Park Drive (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION APPROVAL to ADD Condition #4 4. Application of THE CONGREGATION OF THE GATHERING UNITED METHODIST CHURCH for a Conditional Use Permit re a religious use at the Sandler Center for the Performing Arts at 201 Market Street (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 5. Application of PRIORITY AUTO GROUP, INC./ VIRGINIA BEACH DEVELOPMENT AUTHORITY, for a Conditional Use Permit re automobile sales and service, at 100 South Independence Boulevard (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 6. Application of MARK SPANGLER D/B/A GARBEN, INC./PARKWAY SHOPPING CENTER ASSOCIATES, LLC for a Conditional Use Permit re an indoor recreational facility at 1949 Lynnhaven Parkway (DISTRICT 3 -ROSE HALL) RECOMMENDATION APPROVAL 7. Application of C & C DEVELOPMENT CO., INC. for a Change of Zoning District Classification from O-2 Office to Conditional R-SD Residential Duplex with the Old Beach District Overlay at 414 25th Street (DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL 8. Application of CITY OF VIRGINIA BEACH to AMEND Section 221 of the City Zoning Ordinance (CZO) pertaining to time limits for Conditional Use Permits and conformity with applicable requirements. O. APPOINTMENTS COMMUNITY MEDICAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HISTORICAL REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW and ALLOCATION COMMITTEE (COG) P. UNFINISHED BUSINESS Q. NEW BUSINESS 1. Cancel or Reschedule October 4, 2011, Workshop R. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 NATIONAL NIGHT OUT OCTOBER 4, 2011 -1- MINUTES VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia August 9, 2011 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL LIAISIONREPORTS in the City Council Conference Room, Tuesday, August 9, 2011, at 3: 30 P.M. Council Members Present: Glenn R. Davis, William R. "Bill " DeSteph, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Harry E. Diezel (Out of the City) Robert M. Dyer (Attending Meeting -Entered: 5:15 P.M.J August 9, 2011 -2- CITY COUNCIL LIAISONREPORTS 3:30 P.M. ITEM # 61117 Councilman DeSteph, Liaison -Bikeways/Trails Advisory Committee, advised the members are on track with the direction and have some "tweaking" with the last plan of the Board. ITEM # 61118 Councilman DeSteph, Liaison -Beaches and Waterways, referenced the Resolution to REQUEST the Beaches and Waterways Advisory Commission study Dredge Spoils Removal and Transfer Stations (adopted by the City Council on June 14, 2011), with a report to City Council by February 7, 2012. Last Thursday, (August 4, 2011), Beaches and Waterways, was in the information gathering mode at all the sites from 1:00 P.M. to S: 00 P.M. August 9, 2011 -3- CITY COUNCIL COMMENTS 3:32 P.M. ITEM # 61119 Councilman DeSteph suggested more discussion with Standard and Poor's with an examination of the next Market cycle, not just this year, but the following year, according to speculation. ITEM # 61120 Mayor Sessoms wished to applaud the Virginia Beach Volunteer Rescue Squad re transporting new borne babies and Mothers from Virginia Beach General to the new Princess Anne Hospital at Landstown. Eight (8) ambulances were in line at the hospital to transport with eleven (11) mandated ambulances on the street. This was at 4:45 A.M. Virginia Beach Rescue Squad Foundation has been of great assistance with retention and providing new numbers. August 9, 2011 -4- AGENDA REVIEW SESSION 3:35 P.M. ITEM # 61121 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: H. ORDINANCES/RESOLUTION 1. Ordinance to AMEND X10-1 of the City Code re changing the Polling Place for Lynnhaven Precinct to the First Landing Fire Station 2. Ordinance to AUTHORIZE the "RURAL AICUZAREA ACQUISITIONPLAN" as part of the BRAC Response Program and to ALLOW the City Manager to acquire qual ding properties by voluntary acquisition 3. Ordinance toAUTHORIZE anon-binding Memorandum of Understanding (MOU) between the Trust for Public Land, Chesapeake Bay Foundation and the City to memorialize the proposed process to acquire Pleasure House Point 4. Ordinance to ACCEPT a Conservation Easement dedication at 3067 West Neck Road 5. Resolution to ISSUE an EMS permit to American Medical Response Mid-Atlantic, Inc. to operate a private ambulance service within the City limits 6. Ordinance to AUTHORIZE a temporary encroachment into portions of City-owned rights-of--way for TOWN CENTER ASSOCL4TES 7, LLC, to allow construction of a subterranean grease interceptor under Commerce Street 7. Ordinances to ACCEPT and APPROPRL4TE Grant funds: a. $ 17, 500 from Homeland Security to the Fire Department re equipment for the Hazardous Materials Team (HAZMAT) b. $142,590 from various sources to Public Utilities re auxiliary power for sewer pump stations c. $ 5, 512 from the Virginia Department of Criminal Justice re the Victim Witness Program d. $ 27, 735 from the Virginia Rescue Squad Assistance Fund under the Four for-Life Program with a local match of $27, 735 re purchase of defibrillators e. TRANSFER $15, 000 from the General Fund Reserve to Economic Development and AUTHORIZE a donation to: a) Seton Youth Shelters b) Children's Hospital of the King's Daughters c) Virginia Beach Travel and Tourism Foundation August 9, 2011 -5- AGENDA REVIEW SESSION ITEM # 61121 (Continued) Re Item # 4 (Ordinance to ACCEPT a Conservation Easement dedication at 3067 West Neck Road), Attorney Stiles advised this is just a conservation easement, not an historic preservation easement. This would not preserve the historic nature o~'the farmhouse. This would still be within the discretion of the owner. Council Lady Henley advised the City is not involved with having created this Easement. This is an action between Ms. Emma Fountain and the Masonic Lodge. It has been Ms. Fountain's desire to have the farm preserved in perpetuity. The City will just be accepting and enforcing the easement. BY CONSENSUS, the following items shall compose the PLANNING BY CONSENTAGENDA: I. PLANNING 1. Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger transportation terminal at 971 Virginia Beach Boulevard (DISTRICT 6 -BEACH) 2. Application of HAMPTONROADS CHURCH OF CHRIST for Modi tcation of Condition #3 oftheir Use Permit (approved by City Council August 26, 2009) re an additional modular unit at 2520 Holland Road. (DISTRICT 7 - PRINCESSANNE) 3. ApplicationofEQUI--KIDS THERAPEUTIC RIDINGPROGRAMforModificationo~ Conditional Use Permit (approved by City Council August 12, 2003) re construction of a single family dwelling at 2626 Heritage Park Drive (DISTRICT 7 -PRINCESS ANNE) 4. Application of THE CONGREGATION OF THE GATHERING UNITED METHODIST CHURCH for a Conditional Use Permit re a religious use at the Sandler Center for the Performing Arts at 201 Market Street (DISTRICT S -LYNNHAVEN) 5. Application of PRIORITYAUTO GROUP, INC./ VIRGINL4 BEACH DEVELOPMENT AUTHORITY, for a Conditional Use Permit re automobile sales and service, at 100 South Independence Boulevard (DISTRICT S -LYNNHAVEN) 6. Application of MARK SPANGLER D/B/A GARBEN, INC./PARKWAY SHOPPING CENTER ASSOCIATES, LLC for a Conditional Use Permit re an indoor recreational facility at 1949 Lynnhaven Parkway (DISTRICT 3 -ROSE HALL) 7. Application of C & C DEVELOPMENT CO., INC. for a Change o Zoning District Classi tcation from O-2 Office to Conditional R-SD Residential Duplex with the Old Beach District Overlay at 414 25th Street (DISTRICT 6 -BEACH) 8. Application of CITY OF VIRGINIA BEACH to AMEND Section 221 of the City Zoning Ordinance (CZO) pertaining to time limits for Conditional Use Permits and conformity with applicable requirements. August 9, 2011 -6- AGENDA REVIEW SESSION ITEM # 61121 (Continued) Item K 1 (GREYHOUND LINES, INC) shall be DEFERRED six (6) months, BY CONSENT, until the City Council Session of February 14, 2012. Item K.2. (HAMPTON ROADS CHURCH OF CHRIST) shall be MODIFIED/CONDITIONED, BY CONSENT, re Condition #3 of their Use Permit (approved by City Council August 26, 2009) Item K.3 MODIFIED/REVISED CONDITIONS, BY CONSENT, Application of EQUI--KIDS THERAPEUTIC RIDING PROGRAM for Modi acation of a Conditional Use Permit (approved by City Council August 12, 2003) Condition Number 4 is added to the Conditional Use Permit Item K.4. APPROVED/CONDITIONED, BY CONSENT, Application of THE CONGREGATION OF THE GATHERING UNITED METHODIST CHURCH for a Conditional Use Permit re a religious use Item K.6. APPROVED FOR ONE YEAR/REVISED CONDITIONS, BY CONSENT, Application of MARK SPANGLER D/B/A GARBEN, INC./PARKWAY SHOPPING CENTER ASSOCL4TES, LLC for a Conditional Use Permit re an indoor recreational facility August 9, 2011 - 7- ITEM # 61122 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: Council, 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: Princess Anne District Beach District Upon motion by Councilman Wood, seconded by Councilman Sherrod, City Council voted to proceed into CLOSED SESSION at 3: 47 P.M. August 9, 2011 -8- ITEM # 61122 (Continued) Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel [Absent -Out of the City) Robert M. Dyer [Attending Meeting -Entered: S:1 S P. M. (Closed Session: 3:47 P.M. - 4:45 P.M.) August 9, 2011 -9- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 9, 2011 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, August 9, 2011, at 6:00 P.M. Council Members Present.• Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Harry E. Diezel [Out of the City) INVOCATION: Dr. James R. Pipkin Pastor St. John 's Baptist Church PLEDGE OFALLEGL4NCE 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 ToN~neBank 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 deftned 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. August 9, 2011 -10- 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 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. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of 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. Coamcil Lady Wilson 's letter of January 27, 2004, is hereby made a part of the record. August 9, 2011 -I1- Item V-D.1. CEREMONL4L OATH OF OFFICE: VIRGINIA BEACH CITY COUNCIL ITEM # 61123 The Honorable Tina E. Sinnen, Clerk of the Circuit Court PRESIDED and delivered the oath of office Councilman Prescott Sherrod CITY COUNCIL MEMBER AT-LARGE Effective August 1, 2011 Councilman Prescott Sherrod's wife, Natascha, stood beside him during the Ceremonial Swearing-In. Councilman Sherrod extended appreciation to his very large family, friends and supporters. August 9, 2011 -12- Item - V-F.1 CERTIFICATION ITEM # 61124 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting.• 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Robert M. Dyer Council Members Absent: Harry E. Diezel Councilman Dyer ABSTAINED as he was not in attendance during the CLOSED SESSION. August 9, 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 #61122, Page 7, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of V irginia 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 August 9, 2011 -13- Item V-G.1 ITEM # 61125 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of July l2, 2011. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, 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: Prescott Sherrod Council Members Absent.• Harry E. Diezel August 9, 2011 -14- Item V-H.l. ADOPT AGENDA FOR FORMAL SESSION ITEM # 61126 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 9, 2011 -IS- Item V-J. MAYOR'S PRESENTATION ITEM # 61127 Mayor Sessoms recognized Sergeant B. K. Ricardo -Police Marine Patrol Supervisor, Citizen Boat Mechanics, Crofton Diving, Emergency Medical Services, Emergency Communications and Citizens Services, Fire Department, Command Staff, Nightingale individuals. Mayor Sessoms read the Proclamation recognizing the Emergency Response Team and individuals saving a young girl with her leg in a propeller (Chesapeake Bay Boat Incident). The injured young 12 year old girl, Alexis E. Angeloupoulos, was not in attendance. "WHEREAS: At Two O'clock in the afternoon, June Thirtieth, emergency calls flooded the Emergency Communications and Citizen Services Center [EGGS/911] that a "swimmer was in distress"; "WHEREAS: What was about to unfold became the most daring and dramatic water related rescue in recent memory. ECCS/911 immediately dispatched the EMS Marine Rescue Team and Divers, Police Marine Units and Divers and the Fire Boat to the scene more than two hundred yards off-shore in the Chesapeake Bay near the Great Neck Road area; "WHEREAS: When the Fire Boat arrived, there were frantic screams for help from a twelve year old girl, who was in the water, and others on a private boat. The victim's leg had been caught in the propeller and she was having a difficult time staying afloat. Seeing the desperate situation, personnel jumped overboard and quickly positioned extra flotation devices that helped support the young girl's head above water. Due to the complications of the accident, it was not possible to free the young girl immediately; "WHEREAS: The speedy and efficient action of ECCS/911 and the initial responders from EMS, Police and Fire, forming a Unified Command, resulted in additional rescue units combining their efforts to assess the situation and developing a plan to free the young girl from the boat's propeller. The Fire Department's Technical Team, Squad 10, became involved as the minutes ticked and the water became choppier. Divers provided a snorkel tube and under-water breathing device to assist the girl to breathe as the Team continued to free the girl's leg; "WHEREAS: Several underwater specialists from Crofton Divers, working at the Chesapeake Bay Bridge Tunnel, were contacted and responded to the scene. At the same time, Ryan Pritchard, the City's boat mechanic, heard about the harrowing case and called his father, John, an experienced boat mechanic, and owner of Blue Marlin Marine, who, along with his co-worker, Craig Thompson, grabbed a few tools and joined the Team's efforts to free the little girl. After several intense minutes they were able to remove the propeller which allowed the Team to see the girl free from her entanglement. The critically injured girl was brought out of the Bay to the waiting Ocean Park Volunteer Rescue Squad ambulance which transported her to the Nightingale Air Ambulance for delivery to the Sentara Norfolk General Trauma Center; and, "WHEREAS: This case tested the capacity and strength of the City's Emergency Response System (ERS), but because of their years of training, professionalism, quick action and unified effort, the little girl's leg and life were spared. "NOW, THEREFORE, That the Virginia Beach City Council pauses in its deliberations to recognize each and all those who responded and are dedicated to "serving others" at the risk of injury and life themselves by delivering a copy to the Teams and individuals involved. "BE IT PROCLAIMED: That, I, William D. Sessoms, Jr., Mayor of the City of Virginia Beach, do hereby proclaim the Ninth day of August, Two Thousand and Eleven, shall be now and hereafter known as: EMERGENCY RESPONSE TEAM RECOGNITION DAY in the City of Virginia Beach, Virginia." August 9, 2011 June 30, 2011, 2:OOpm ERS Call -Chesapeake Bay Boat Incident w/Girl's leg in propeller PARTICIPANTS Police Department -provided by Sgt. Ricardo Sgt. B. K. Ricardo -Police Marine Patrol Supervisor Marine 7 -Officer M. M. Johnson (First police boat on scene) /urine Patrol Aide Ryan Cahill Marine 6 -Master Police Officer B. D. Decker (Second police boat on scene, first diver in the water) /Marine Patrol Aide David Epley Marine 3 -Master Police Officer J. D. Price (Third police boat on scene, evacuated other boat occupants from victim boat and transported them to City Boat Ramp) /Marine Patrol Aide Chad Corillo-' Marine 8 -Master Police Officer S. L. Miller (responded from working part-time. Changed into dive gear on scene and swam to boat from shore) Marine 2 -Master Police Officer G. E. Yates (On birthday leave, responded from home after hearing the case on the police radio) 220A -Master Police Officer M. G. Moseley - 2"d Precinct Officer. Traffic control 2206 -Master Police Officer W. C. Zelms - 2"d Precinct Officer. Traffic control Citizen Boat Mechanics John Pritchard -Civilian Boat Mechanic and Owner of Blue Marlin Marine who responded from his business to the scene and removed propeller. 2244 Red Tide Road Va. Beach , Va. 23451 (757) 560-1115 (757) 481-3060 Craig Thompson, Works for Blue Marlin Marine P.O.box 640 Va. Beach, Va. 23451 (757) 328-2057 Crofton Diving, Portsmouth -researched by EMS Division Chief Nedelka Jay Crofton, Owner, was contacted by Sgt. Ricardo and immediately he dispatched their team of divers from their Chesapeake Bay Bridge Tunnel project and their main office to the scene with specialized underwater equipment. Just prior to their arrival, the girl was freed and transferred to the shore. While this team did not participate in the actual hands-on rescue operations, it is no less commendable that Mr. Crofton pulled his divers off the job and sent them to help without hesitation or any concern for charging for the service. 757-397-1131 office Jay Crofton, Owner Roger Belch, Production Mgr (757-418-2935 cell) \ Samuel Smith, Supervisor CBBT Project Ryan Nolasco, Diver Bobby Mercer, Diver Charles Smith, Supervisor (with additional gear from second location) Emergency Medical Services (provided by EMS Division Chief Nedelka) 120-P Jessica Keaton Karin Pettinger Blake Caduff 822-R Stephanie Sarfan Emily Mills Glen Martin 522-S John Pinion Jim Polhemus Kulaka Wiriyaamnuaiphorn 224-R Matthew Lucas Virginia Kinsey Z-02 Robert Gramkowski EMS-5 Brigade Chief Joseph Corley Marine Rescue Team (provided by Capt. Constantine) Mike Powell, Diver (first EMS diver in water and took scuba gear out to the girl) Ben Dobrin, Diver Kyle Davis, Diver Ed Constantine, MRT Captain Meade Stone, MRT Technical Support Operations EMS Command Staff EMS Chief Bruce Edwards Division Chief John Bianco Division Chief Bruce Nedelka Emergency Communications and Citizens Services (provided by ECCS Supervisor Stiles) KATHLEEN HIGHAM -S2 GENINE DUFFY -EMS AMANDA RHODES -FIRE /LATER IN THE DAY EMS JANET EMORY -P2 SHERRY SWASEY- P2 MEGAN FRANKLIN -CT01 RYAN SMITH -FIRE Fire Department (provided by Chief Cover) Eng1/Fire Boat-1: Cpt. Harold Hill MFF Billy Shukis FF Amy Mack Lad1/Zodiac-1: Cpt. Jeff Smith MFF Nick White MFF Joe Grandison SQD10: Cpt. Jon Rigolo MFF Josh Stanton MFF Dan Barakey MFF Matt Chiaverotti Eng12: Cpt. Gregg Benshoff MFF Justin Wakeman MFF Arthur Forrester Eng14: Cpt. Rik Kellogg FF Adam Hodge FF Mike Walker E,ng2: Cpt. Kurt Southall MFF Victor Valdez FF James Coppola Command Staff: Car02: Deputy Chief Journigan Car05: District Chief D. Wade & BC Jack Crandell BC2: BC Pat Humphries & FF Dan Mugan BC12: BC Tim Riley Nightingale (provided by BC Tim Riley). FYI this was the first flight for the new helicopter! . Pilot Cam Ebel, Flight Paramedic Chet Flemming, Flight Nurse Irene Schwerin -16- Item v K.1. BID OPENINGS ITEM # 61128 Mayor Sessoms read each bid: LEASE OF CITYPROPERTY- 3592 Indian River Road Pursuant to Virginia Code Section 15.2-2102, the Chair summarized the bids that had been received for a proposed lease of a portion of the City property located at 3592 Indian River Road for use as an animal rehabilitation site. Two bids were received, as follows: 1. Wildlife Rehabilitation and Education Network has bid,• 40 year lease term. Rent of $10 per year Two phased construction of Wildlife Rehabilitation facility to be compatible with City's Comprehensive Plan. 2. Wildlife Response, Inc. has bid: 40 year lease term. Rent of $1 per year. Three phased construction of a Wildlife Rehabilitation facility consistent with the previously granted Conditional Use Permit. There were no other persons desiring to submit a bid at this time. There being no further bids, the Mayor declared the bidding closed. The Mayor referred the bids to the City Manager and City Attorney. The staff will evaluate the bids and make its recommendations to City Council concerning the proposed lease at a future meeting. August 9, 2011 -17- Item V-K.2. BID OPENINGS ITEM # 61129 Mayor Sessoms read each bid: LEASE OF CITYPROPERTY-The "Peppers" Building located on the corner of 17`x' Street and Pacific Avenue Pursuant to Virginia Code Section 15.2-2102, the Chair summarized the bids that had been received for a proposed rehabilitation of the existing building for mixed-use development and lease of the City-owned property located at 22517`" Street One bid was received as follows: Ec/relon Resources, Inc. bid: Term: 20 year initial term, with two (2) IO year options to renew Renovations and Development: Tenant will make improvements of $1,000,000 to be completed within one (1) year of signing the lease Rent: Rent is waived for the first three (3) years. Beginning at year four (4), the annual rent will be $2.25/sgft of the leasable space, with 3% annual escalation. There were no other persons desiring to submit a bid at this time There being no further bids, the Mayor declared the bidding closed. The Mayor referred the bid to the City Manager and City Attorney. The staff will evaluate the bid and make its recommendations to City Council concerning the proposed lease at a future meeting. August 9, 2011 -18- Item i~ L.l. PUBLIC HEARINGS ITEM # 61130 Mayor Sessoms DECLARED A PUBLIC HEARING: CITY COUNCIL/SCHOOL BOARD - "Redistricting" Proposed Residence Election Districts The following registered to speak: Kimberly Weaver, 4633 Fern Oak Court, Phone: 333-7818, moved to Virginia Beach five (S) years ago and purposely placed her family in the Kempsville District However, with the new Redistricting Options, three (3) of the (S) options "cut" her residence out of Kempsville. Two (2) of those split Kempsville Lakes, where she resides. There is no purpose in dividing Kempsville Lakes. We all work together. The Chris Felton proposal is a good proposal to use because it uses a major road as a divider. It keeps Ms. Weaver in Kempsville. Larry Dumville, 625 Mosscup Drive, Phone: 474-9539, Past President -Larkspur Civic League and twenty plus year resident of Larkspur. The proposals Larkspur have strongly opposed have been withdrawn. Mr. Dumville expressed appreciation for keeping Larkspur intact. Joseph Yurso, 4629 Player Lane, Phone: 490-5036, represented Larkspur and supported Mr. Dumville's comments. Mr. Yurso expressed appreciation to the version that keeps Larkspur in Kempsville. Dave Burlin, 1036 Autumn Harvest Drive, President -Stratford Chase Civic League. Stratford Chase is a 450-home community close to the corner of Providence and Kempsville. Mr. Burlin feels an integral part of the Kempsville District and with the immediate neighbors, Bellamy Manor, Bellamy Manor Estates and Fairfield Tom Callahan, 4429 Leatherwood Drive, Phone: 493-7589, 33 year resident of Larkspur. Plan 2-C seems to address many concerns. Mr. Callahan expressed appreciation to representatives from the NAACP and Chris Felton for combining their ideas. Mr. Callahan stands in favor of supporting 2-C. Henry Ryto, 408 Jasper Court, Phone: 687-8585, spoke in SUPPORT of both Plans. NAACP 1 and Virginia Beach will then move to a true hybrid system of District elections for City Council. Council Liaison Alternative 2-C makes the Centerville District aMinority-Majority District by counting together African-American and Asian-American concentrations in an unsustainable manner. The only other District with decent Minority numbers is Rose Hall. Cache Waters, 1208 Chattingham Drive, Phone: 495-9222, Treasurer -Bellamy Woods Civic League. Bellamy Woods Civic League advocates against the NAACP Concerned Citizens Coalition Amended Plan, City Council Liaison Alternate 2, Amended B, Chris Felton Plan. Bellamy Woods Civic League goes on record as being an advocate to the City Council for Alternate Plan 2, Amended C. Margaret Moore, 2378 Princess Anne Road, Phone: 427-2694, resident of Historic Princess Anne neighborhood, near the Municipal Center, "or as we refer to it, the Courthouse. " The home Ms. Moore grew up in was built in the later 1700's and is still standing in the Historic District. Four of the five plans for Redistricting contain plans to split the historic Princess Anne neighborhood into two (2) Districts. Ms. Moore requested consideration of the NAACP/Concerned Citizens Plan for Redistricting. This is the only plan that keeps Historic Princess Anne in the Princess Anne District. Andrew Jackson, 153 Upperville Road, Phone: 490-9190, applauded the City on its revision of C, but saw some very disturbing items. A "slice " is taken through a particular African-American neighborhood. Mr. Jackson sees a City that is growing. Mr. Jackson would hope that the City Council would look at the original plan Number C, as most citizens think that is the best plan for this City. August 9, 2011 -19- Item V-L.1. PUBLIC HEARINGS ITEM # 61130 (Continued) Mayor Sessoms DECLARED A PUBLIC HEARING: CITY COUNCIL/SCHOOL BOARD - "Redistricting" Proposed Residence Election Districts The following registered to speak: Tina Milligan, 3801 Southcross Court, Phone: 427-1051, President of Newcastle/ Princeton Civic League, currently in the Princess Anne District. The residents do not support being Redistricted. The residents are on the edge of the current development of the City. Ms. Mulligan advised the plans supported: Alternative 2, Amended B, Alternative 2, Amended C and the Chris Felton Plan in this priority order. Barbara E. Vaughan, 2621 North Landing Road, resident of the Princess Anne District. She had e- mailed the City Council on August 8, after studying the six maps and advised she would be able to support either Map 3 or the NAACP Virginia Beach Concerned Citizens Coalition; however, today, she discovered four (4) of the maps are no longer under consideration: Map 1, Map 2 and Map 2, Amended, which would have divided her neighborhood with Rose Hall. The "blue boot" on Map 1, Map 2, Map 2, Amended, Map 2, Amended B, Map 2, Amended C and Chris Felton's map are of great interest. We are the Courthouse Area. We are neighbors of the Municipal Center. The only map that would keep the neighborhood together would be the NAACP Virginia Beach Concerned Citizens Coalition Map; therefore, she supports this Plan. James W. Banks, 5442 Hunt Club Drive, Phone: (757) 490-0251, supports the NAACP original map. The Voting Districts in Virginia Beach at the present time do not allow us to represent the Districts well. Mr. Banks has been a resident of Kempsville since 1972. Venus Marshall, 5354 Leicester Court, Phone, 490-2352, addressed the NAACP/Concerned Citizens Coalition map. She has worked tirelessly on this map, as well as with the members of the NAACP and other concerned citizens. This is about making sure that the number of African Americans that live in this City get fair representation. Carl Wright, Vice President -Virginia Beach NAACP, 1144 Mondrian Loop, Phone: 468-3824, spoke in support of the NAACP/Coalition Plan. ($200, 000 was paid for this) and they deserve the system they wish. Ann Farr, 916 Chadwick Court, Phone: 467-0372, President -Bellamy Manor Estates Civic League. She and her neighbors do understand Redistricting is necessary because of the 2010 Census. They are concerned about some of the proposed plans that divide the Historic Kempsville neighborhoods. Bellamy Manor Estates Civic League and her neighbors prefer the City Council Liaison Alternative 2, Amended C, Plan as most of the neighborhoods will remain intact Sandra Hass Radin, 900 Eastwind Court, Phone: 467-6856, resident of Bellamy Manor Estates Reinforced the comments of Anne Farr. Bellamy Manor Estates is dramatically opposed to any plan that splits our neighborhood. . Nekina Wright, 1424 Dory Drive, Apartment, 2029, spoke in SUPPORT of the NAACP/Concerned Citizens Plan. Ms. Wright moved from Fairbanks, Alaska, to attend Regent University. She mentioned one of the disheartening factors is the lack of Minority representation. Georgia Allen -President -Virginia Beach Branch of the NAACP, advised it is critically important that all citizens have full and fair representation. She strongly supports the original plan along with many of her members. District lines are drawn to make sure that everybody has representation. That is the priority. August 9, 2011 -20- Item V-L.2. PUBLIC HEARINGS ITEM # 61131 Mayor Sessoms DECLARED A PUBLIC HEARING: JUSTICE BYRNE MEMORL4L ASSISTANCE GRANT -Allocation There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. August 9, 2011 -21- Item V.M. ORDINANCES/RESOLUTION ITEM # 61132 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED IN ONE MOTION, Items I, 2, 3, 4, S, 6a,b, 7a,b,c,d, and e of the CONSENTAGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 9, 2011 ', -22- Item V.M.l. ORDINANCES/RESOLUTION ITEM # 61133 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT: Ordinance to AMEND X10-1 of the City Code re changing the Polling Place for Lynnhaven Precinct to the First Landing Fire Station Voting: 10-0 (By Consent) Council Members Voting Aye. Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 9, 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 47 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY CODE TO CHANGE THE POLLING LOCATION OF THE LYNNHAVEN PRECINCT SECTION AMENDED: § 10-1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 10-1 of the City Code is hereby amended and reordained, to read as follows: Sec. 10-1. Establishment of precincts and polling places. There are hereby established in the city the following precincts and their respective polling places, as set forth below: Precinct Polling Place Alanton Alanton Elementary School Aragona Kemps Landing Magnet School Arrowhead Arrowhead Elementary School Avalon Avalon Church of Christ Baker Ebenezer Baptist Church Bayside Bayside Elementary School Bellamy Salem Middle School Blackwater Blackwater Fire Station Bonney Holland Road Baptist Church Brandon Brandon Middle School Brookwood Bow Creek Recreation Center Buckner Green Run Baptist Church Cape Henry Research and Enlightenment Building (Edgar Cayce Library) Capps Shop Back Bay Christian Assembly Centerville Centerville Elementary School Chesapeake Beach Bayside Baptist Church Chimney Hill Congregation Beth Chaverim College Park College Park Elementary School Colonial Colonial Baptist Church Colony Lynnhaven Colony Congregational Church Corporate Landing Corporate Landing Middle School Courthouse Courthouse Fire Station Creeds Creeds Fire Station Cromwell Salem United Methodist Church Culver Ocean Lakes High School Dahlia Green Run High School Davis Corner Bettie F. Williams Elementary School 48 Eastern Shore Eastern Shore Chapel 49 Edinburgh St. Aidan's Episcopal Church 50 Edwin Kempsville Recreation Center 51 Fairfield Kempsville Presbyterian Church 52 Foxfire Princess Anne Middle School 53 Glenwood Glenwood Elementary School 54 Great Neck All Saints Episcopal Church 55 Green Run Green Run Elementary School 56 Haygood Haygood United Methodist Church 57 Hillcrest Victory Baptist Church 58 Holland Holland Elementary School 59 Homestead Providence Presbyterian Church 60 Hunt Princess Anne Recreation Center 61 Indian Lakes Indian Lakes Elementary School 62 Kings Grant St. Nicholas Catholic Church 63 Kingston King's Grant Presbyterian Church 64 Lake Christopher New Convenant Presbyterian Church 65 Lake Joyce Morning Star Baptist Church 66 Lake Smith Bayside Church of Christ 67 Landstown Landstown Community Church 68 Larkspur St. Andrews United Methodist Church 69 Lexington Kempsville Church of God 70 Linkhorn Virginia Beach Community Chapel 71 Little Neck Lynnhaven United Methodist Church 72 London Bridge London Bridge Baptist Church 73 Lynnhaven 74 First Landing Fire Station 75 Magic Hollow Virginia Beach Moose Family Center 76 Malibu Malibu Elementary School 77 Manor Providence Elementary School 78 Mt. Trashmore Windsor Woods Elementary School 79 Newtown Good Samaritan Episcopal Church 80 North Beach Galilee Episcopal Church 81 North Landing Hope Haven 82 Ocean Lakes Ocean Lakes Elementary School 83 Ocean Park Bayside Community Recreation Center 84 Oceana Scott Memorial United Methodist Church 85 Old Donation Old Donation Center for Gifted 86 Pembroke Pembroke Elementary School 87 Pinewood Lynnhaven Presbyterian Church 88 Plaza Lynnhaven Elementary School 89 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex 90 Point O'View Kempsville Church of Christ 91 Red Wing Fraternal Order of Police, Lodge #8 92 Rock Lake Salem Elementary School 93 Rosemont Forest Rosemont Forest Elementary School 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 Roundhill Rudee Seatack Shannon Shelburne Shell Shelton Park Sherry Park Sigma South Beach Stratford Chase Strawbridge Tallwood Thalia Thoroughgood Timberlake Trantwood Upton Village Windsor Oaks Witchduck Wolfsnare Central Absentee Voter Precinct Salem High School Virginia Beach Volunteer Rescue Building Mount Olive Baptist Church Church of the Ascension Christopher Farms Elementary School Unity Church of Tidewater Shelton Park Elementary St. Matthews Catholic Church Red Mill Elementary School Contemporary Art Center of Virginia Community United Methodist Church Strawbridge Elementary School Tallwood Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church Three Oaks Elementary School Thalia Lynn Baptist Church Windsor Oaks Elementary School Bayside Presbyterian Church Virginia Beach Christian Life Center Agriculture/Voter Registrar Building Squad Satellite Absentee Voter Courthouse Fire Station, Department of Motor Precincts (only for November Vehicles Office-Donna Drive, Department of Elections and Presidential Motor Vehicles Office-Buckner Boulevard Primaries) Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9 day of S , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: G~L~ Vot Reg' a -`'~ .. - r y s Office CA11999 R-1 July 19, 2011 IA• o`` f~ ~i f ~' '' A 2 _ -- - M~~ i 9 ' ~~ ~~' ~ ~ o~q S Op OUR NAS~~N~ ELECTORAL BOARD City of Virginia Beach P.O. BOX 6247 VIRGINIA BEACH, VIRGINIA 23456-0247 .~g~G ~ . CO^ i July 18, 2011 Tl1e Honorable William D. Sessoms, Jr., Mayor and City Council Members City Hall Building # 1 Municipal Center Virginia Beach, Virginia 23456 Dear Mayor and Council Members, On your agenda for August 9, 2011, is an ordinance for one (1) polling location change. This change is due to the relocation of Grace Bible Church, the current polling location. The new polling place will be moved to First Landing Fire Station at 2837 Shore Drive. This permanent change will be effective for the November 8, 2011 General Election. Enclosed please find a map that has been marked to show the change. If you have any questions about this matter, please feel free to call me at 385-8683. Sincerely, ~~' r .- ~~ Edith M. "Pat" Harrington Voter Registrar EH:cs Enclosures -_... LYNNHAVEN PRECINCT: POLLING LOCATION CHANGE FIRST LANDING FIRE STATION 1 6ElJTE 1YY ~ ~~I~, 5 RIPTIDE CT SN ~~,.. ENE ~ ~ ~~~ ~ ~' v~ %y SHORE i'V ~ "3 4 } ocE ,„ ~ MOVED TO: $ ~,~~`~j ~~ 2 1 FIRST LANDING FIRE STATION ..• O ~_ ~ cis ~, ~ ~ F ~, ~ r b ~, ,~ y x: hu h ~~ .~ o ~ .~ ~ ~ MOVED FROM: ~K~ 9j cp~'~~y'° r ago.. ~~o~' `"~ yo°' ~' `~~ ~1~~ sur~~tEt.GRACE BIBLE CHURCH t ~oR R ..~~Q 5 cam-. t,~~~`E o ~ ~e~~~NAYEN DR Lx~~i'I14p ~ 1 iV 11y p~ _.,. , a ongre tt~i ! Chrr ~~ PIEDMONT CA>f MEr RY DR !7 ~ .. ~ ,. .., +~ ~ ter.... QQ f ,~~( ~~f8 ~F t 9 ~ 6 $~""" Q~ .~_< o: , ~ . m ISLAND LA g{10AD'BAY Rfl . ~~ n Pa rk ~ INLET RD o= ~~~ ~~ 0~~~0 RD m~° Ty,~7E _ ~..._ ,.. Q~ ti,~~0.~ kp'~~ ~ ~EUN61vOGDaS ~ All Saints hp wi ~~ ~ , ~-~,~ L~ Z A ~t~ ~P b OF Li '°Ct C~ v ~~ FST4T ~ ti~9 £ ~ ~~P~a c~~ ~, ~,oG ~r~r~. a~~~N 9a' ~'~ _. ~ z great Nec W ''~ n n ~ n -23- Item V.M.2. ORDINANCES/RESOLUTION ITEM # 61134 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the "RURAL AICUZ AREA ACQUISITION PLAN" as part of the BRAC Response Program and to ALLOW the City Manager to acquire qual~ing properties by voluntary acquisition Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 9, 2011 1 AN ORDINANCE TO ADOPT THE RURAL AICUZ AREA 2 ACQUISITION PLAN AS PART OF THE BRAC RESPONSE 3 PROGRAM AND TO AUTHORIZE THE CITY MANAGER 4 TO ACQUIRE QUALIFYING PROPERTIES BY 5 VOLUNTARY ACQUISITION 6 7 WHEREAS, since January, 2007, the City of Virginia Beach (the "City") has been 8 implementing its BRAC Response Program, including among other things, the APZ-1 9 Acquisition Plan and the Interfacility Traffic Area (the "ITA") Acquisition Program, and 10 has been spending $15 million per year to stop and roll back encroachment around 11 Naval Air Station Oceana ("NAS Oceana") and in the flight path between NAS Oceana 12 and Fentress Landing Field in Chesapeake. 13 14 WHEREAS, in 2008, the General Assembly authorized spending the $15 million 15 per year in the APZ-1 and Clear Zone, the ITA and in "any other area designated by the 16 military as an area of special concern by reason of the potential for adverse effects on 17 military operations caused by the encroachment of incompatible land uses." (HB522) 18 19 WHEREAS, on March 3, 2011, the Commanding Officer of NAS Oceana 20 requested that the City establish a program to acquire land in the area of the City south 21 of Indian River Road that lies within any noise contour shown on the Air Installations 22 Compatible Use Zones ("AICUZ"), which area is now being referred to as the Rural 23 AICUZ Area (the "RAA"). 24 25 WHEREAS, in his letter, the Commanding Officer identified the RAA as an area 26 of special concern to the Navy, because if "repetitive Field Carrier Landing Practice 27 (FCLP) operations to runway 23 at Naval Auxiliary Landing Field (NALF) Fentress, as 28 well as inter-facility air traffic impact this area.... Incompatible development would be 29 considered an unacceptable encroachment to the mission and threaten the viability of 30 both airfields." 31 32 WHEREAS, the Oceana Land Use Conformity Committee (the "Committee") has 33 recommended that a plan be adopted to acquire properties meeting at least one of the 34 following criteria: 35 36 1. Land is greater than 300 acres in size, when considered alone or with any 37 adjacent parcel owned by the same owner. 38 2. Land is approvable for 20 or more residential units, by right, when considered 39 alone or with any adjacent parcel owned by the same owner. 40 3. Land is not eligible for participation in the Agricultural Reserve Program. 41 42 WHEREAS, the purpose of the Rural AICUZ Acquisition Plan (the "RAA Plan") is 43 to protect the mission of Naval Air Station Oceana (NAS Oceana) and Naval Auxiliary 44 Landing Field Fentress (NALF Fentress) and to ensure that Virginia Beach continues to 45 be the host of the East Coast Master Jet Base. The RAA Plan will be a part of the City 46 of Virginia Beach's response plan created after the 2005 BRAC Order and will be in 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 addition to the ongoing APZ-1/Clear Zones Use and Acquisition Plan and the Interfacility Traffic Area Acquisition Plan, as those plans have been amended; WHEREAS, the intent of the RAA Plan to complement the Agricultural Reserve Program, which ensures that the rural areas of Virginia Beach will continue to be farmed; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Rural AICUZ Area Acquisition Plan (the "RAA Acquisition Plan") dated July 12, 2011 and attached hereto as "Exhibit A", is hereby adopted; and 2. That the City Manager is authorized to enter into any agreements on behalf of the City or to execute any necessary documents to acquire properties that qualify for acquisition under the terms of the RAA Acquisition Plan from willing sellers, to the extent that funds are available. Adopted by the City Council of the City of Virginia Beach, Virginia, this nth day of August , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Pla Wing Department h ,~ CityFAtto ey's fice r i CA11729 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom 32\wpdocs\d024\p010\00025875.doc 7/1 /2011 EXHIBIT A July 12, 2011 RURAL AICUZ AREA ACQUISITION PLAN I. THE SUBJECT AREA This acquisition plan applies to the area to be called the Rural AICUZ Area (RAA), which is defined as that area of the City of Virginia Beach south of Indian River Road that lies within any noise contour shown on the Air Installations Compatible Use Zones (AICUZ) published by the United States, Department of the Navy, in 1999. A map depicting the RAA is attached as Exhibit A to this plan. II. PURPOSE OF THE PLAN The purpose of this plan is to protect the mission of Naval Air Station Oceana (NAS Oceana) and Naval Auxiliary Landing Field Fentress (NALF Fentress) and to ensure that Virginia Beach continues to be the host of the East Coast Master Jet Base. This plan will be a part of the City of Virginia Beach's response plan created after the 2005 BRAC Order and will be in addition to the ongoing APZ-1/Clear Zones Use and Acquisition Plan and the Interfacility Traffic Area Acquisition Plan, as those plans have been amended. III. BACKGROUND The RAA lies adjacent to and just south of the boundaries of the Interfacility Traffic Area (ITA). During the Joint Land Use Study conducted by representatives of the City and the Navy in 2005, the ITA was identified as an important area to protect, in part because it was largely undeveloped and in part because of the heavy usage of the airspace above the ITA. The area lies beneath the airspace frequently used by Navy aircraft not only in arriving and departing from NAS Oceana, but also in training taking place as NALF Fentress and transit between NAS Oceana and the landing field. The southern boundary of the ITA is also the southern boundary of the City's Transition Area. The noise impact of the jets is the same on either side of that southern boundary of the ITA, and the AICUZ boundaries designated by the Department of Defense do not distinguish between areas inside or outside of the ITA. On March 3, 2011, the Commanding Officer of NAS Oceana requested that the City establish a program to acquire land in the RAA. In his letter, he identified the RAA as an area of special concern to the Navy, because if "repetitive Field Carrier Landing Practice (FCLP) operations to runway 23 at Naval Auxiliary Landing Field (NALF) Fentress, as well as inter-facility air traffic impact this area.... Incompatible development would be considered an unacceptable encroachment to the mission and threaten the viability of both airfields." A copy of such letter is attached as Exhibit B. The letter also stated that there would be multiple benefits to such acquisitions, namely, preservation of open space, addressing water quality mandates, provision of recreation opportunities, and protection of farmlands and implementing the conceptual North Landing River Natural Area, a proposed connection of river, forest and marsh through the southern area of the City along the North Landing River, the Intra-Coastal waterway from the state line north to Chesapeake. IV. PURPOSES FOR THE ACQUISITION The purposes for the acquisition of property in the RAA are: • To address the concerns of the Navy, as described in the letter attached as Exhibit B to this plan. • To reduce the opportunity for larger scale (non-agricultural) residential development. • To provide opportunities for wetlands mitigation for the Southeastern Parkway and Greenbelt. • To conserve fragile land for other environmental purposes. • To assemble a green space corridor of connectivity along the North Landing River. • To provide for open space and recreational opportunities. V. PROPERTY QUALIFYING FOR ACQUISITION In order to qualify for acquisition by the City under this plan, properties must be entirely or partially within the RAA boundaries identified on the map attached as Exhibit A to this plan and must meet at least one of the following criteria: 1. Land is greater than 300 acres in size, when considered alone or with any adjacent parcel owned by the same owner. 2. Land is approvable for 20 or more residential units, by right, when considered alone or with any adjacent parcel owned by the same owner. 3. Land is not eligible for participation in the Agricultural Reserve Program. The intent of this plan is to complement the Agricultural Reserve Program, which ensures that the rural areas of Virginia Beach will continue to be farmed. 2 VI. LAND USE Properties acquired by the City will be used for open space and recreation. Recommended land use in the RAA will remain as described in the City's Comprehensive Plan, which is primarily agricultural, with opportunities for recreation and open space. VII. FUNDING This project will be funded through Oceana &ITA Conformity and Acquisitions (CIP 9-060) and Open Space Program Site Acquisition (CIP 4-004), as appropriate. All transactions will be on a cash basis; the issuance of debt for acquisition is not recommended. State and federal grants are other potential sources of funds. These should be aggressively pursued as opportunities arise and as available, and, when combined with local sources, could be used to leverage City funds. The City intends to partner with the United States Navy in the existing Encroachment Partnering program. In 2007, the City entered into aMulti-year Agreement By and Between the United States of America and City of Virginia Beach (the "Encroachment Partnering Agreement"). The Encroachment Partnering Agreement has afive-year term, which expires September 26, 2012 and which may be extended or renewed by the parties. VIII. IMPLEMENTATION The Plan will be implemented by the ITA Acquisition Review Committee, a committee consisting of City staff and representatives from the Navy. City staff present during the committee meetings will include a representative from the City's Department of Agriculture when RAA acquisitions are being considered. 3 EXHIBIT A TO RURAL AICUZ AREA ACQUISITION PLAN ~.. "'•"","•."»•"" ~.,~, ,.~.......xw., Maps IrMerfataltyTraficArea ~ d ~ ~•~•,° Ru~aIAICilZArea .~ p ~ ~,». t x EXHIBIT B TO RURAL AICUZ AREA ACQUISITION PLAN DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH, VIRGINIA 23460.2131 The Honorable William D. Sessoms, Jr. Mayor of the City of Virginia Beach Municipal Center 2401 Courthouse Drive Virginia Beach, VA 23456-9000 Dear Mayor Sessoms: ~ ~~4 ~~ ro: Ser 33/49 March 03, 2011 Our Encroachment Partnering (EP) Program has made great progress and continues to be successful since our Multi-Year Agreement (MYA) was signed in September 2007. The program focuses on the "Inter-facility Traffic Area" (LTA) that was defined and adopted by ordinance on December 20, 2005. I would like to explore the possibility of expanding the city's acquisition program. An area of special concern is located south of the LTA, specifically, parcels that lie within the AICUZ sound contours south of Indian River Road and preliminarily called the °Rural AICUZ Area" (RAA}. The RAA is generally undeveloped, however repetitive Field Carrier Landing Practice (FCLP) operations to runway 23 at Naval Auxiliary Landing Field (NALF) Fentress, as well as inter-facility air traffic impact this area as depicted on the AICUZ/JLUS planning map. Incompatible development would be considered an unacceptable encroachment to the mission and threaten the operational viability of both airfields. Acquiring interests in this area would serve multiple purposes. Above and beyond preventing further encroachment upon NAS Oceana and NALF Fentress, the benefits to the community and state land protection goals could be advanced. Preservation of natural habitat, water quality mandates, recreational opportunities and the protection of productive working lands are all possible around the North Landing River and Albermarle- Chesapeake Canal corridor in which the RAA is situated. The "North Landing River Natural Area" concept has been discussed with local and state officials, as well as other interested conservation organizations. Open space preservation through the proposed RAA will be enhanced as the Nature Conservancy, the Virginia Beach Agricultural Reserve Program and the Virginia Department of Conservation and Recreation already have significant land holdings within, north and south of the RAA. The City/Navy ITA acquisition team discussed the expansion idea in May 2010. At this time, we respectfully ask that the City of Virginia Beach consider and formally approve the creation of the RAA 5~4a Ser 33/49 March 03, 2011 Acquisition Program. If you have any questions, please contact my Community Planning Liaison Officer, Mr. Ray Firenze, at (757) 433-3158. Thank you for your consideration. 'ncerely, v W J. D. WEBB Captain, U.S. Navy Commanding Officer Copy to: COMNAVREG MIDLANT {00/N02B) Virginia Beach City Council Virginia Beach Planning Commission 2 -24- Item V.M.3. ORDINANCES/RESOLUTION ITEM # 61135 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE a non-binding Memorandum of Understanding (MOU) between the Trust for Public Land, Chesapeake Bay Foundation and the City to memorialize the proposed process to acquire Pleasure House Point Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 9, 2011 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A NON-BINDING 3 MEMORANDUM OF UNDERSTANDING BETWEEN 4 THE TRUST FOR PUBLIC LAND, CHESAPEAKE BAY 5 FOUNDATION AND THE CITY, TO MEMORIALIZE 6 THE PROPOSED PROCESS TO ACQUIRE THE 7 PROPERTY KNOWN AS PLEASURE HOUSE POINT 8 9 WHEREAS, Redus VA Housing, LLC, a Virginia limited liability company and 10 wholly owned subsidiary of Wells Fargo, N.A. ("Wells Fargo") is the owner of 122 acres, 11 more or less, commonly known as Pleasure House Point (the "Property"), which 12 Property is more particularly described on the Summary of Terms attached hereto as 13 Exhibit A and made a part hereof; 14 15 WHEREAS, in May 2010, The Trust for Public Land, anon-profit California public 16 benefit corporation ("TPL"), Chesapeake Bay Foundation, a Maryland corporation 17 ("CBF") and the City announced the intent to work together for the purpose of 18 acquisition of the Property by the City and CBF; 19 20 WHEREAS, TPL, CBF and the City desire to enter into a non-binding 21 Memorandum of Understanding ("MOU") to memorialize their mutual understanding of 22 the basic framework for the acquisition of the Property as the parties cooperatively 23 proceed to acquire the Property from Wells Fargo for park use, open space, passive 24 recreation, wetlands mitigation, water access, environmental education, and oyster 25 restoration; 26 27 WHEREAS, the City has been interested in preserving the Property as a natural 28 area for the benefit of the public for more than ten years; 29 30 WHEREAS, under the terms of the proposed MOU, the City would purchase the 31 majority of the Property (112 acres), and CBF would acquire a 10-acre portion of the 32 Property to construct an environmental education center; and 33 34 WHEREAS, the MOU provides that the City, CBF and TPL will negotiate the 35 terms for the purchase of the Property, and that a Purchase Agreement, once finalized, 36 will come back before City Council for approval at a later date. 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 39 VIRGINIA BEACH, VIRGINIA: 40 41 1. That the City Manager or his designee is hereby authorized to execute anon- 42 binding memorandum of understanding with The Trust for Public Land and 43 Chesapeake Bay Foundation (the "MOU") for the acquisition of the Pleasure 44 House Point Property in accordance with the Summary of Terms attached 45 hereto as Exhibit A and made a part hereof, and such other terms and 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 conditions deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. 2. That the City Manager or his designee and the City Attorney are hereby authorized to proceed with the development of the documents necessary and appropriate to implement the provisions of the MOU. 3. That the City Manager or his designee is hereby authorized to seek additional funding sources for the purchase of the Property, such as through the application for loans and grants, and to seek public input regarding the future uses of the Property. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of August , 2011. Approved as to Content: r ark reation Approved as to Legal Sufficiency: City ttorney's ffic CA11733 \\vbgov.com\dfs I \applications\citylawprod\cycom32\wpdocs~d023\p01 I \00025462.doc R-1 6/23/11 2 EXHIBIT A SUMMARY OF TERMS Memorandum of Understanding Between the City of Virginia Beach, The Chesapeake Bay Foundation and The Trust for Public Land Parties: City of Virginia Beach (the "City"), The Chesapeake Bay Foundation, a Maryland corporation ("CBF"), and The Trust for Public Land, anon-profit California public benefit corporation ("TPL") Purpose: Setting forth the mutual understandings of the parties for the proposed purchase of approximately 122 acres by the City and CBF and with the assistance of TPL Property: 122 acres, more or less, commonly known as Pleasure House Point, GPINs: 1489-47-1735; 1489-47-1881; 1489-47-2725; 1489-47-2788; 1489-47-3733; 1489-47-3795; 1489-47-4751; 1489-47-5704; 1489-47-5750; 1489-47-6704; 1489-47-6669; 1489-47-7705; 1489-47-7679; 1489-47-8715; 1489-47-8667; 1489-47-9713; 1489-47-9655; 1489-57-0711; 1489-57-0654; 1489-57-1628; 1489-57-1671; 1489-57-2628; 1489-57-2661; 1489-57-3616; 1489-57-3558; 1489-57-4614; 1489-57-4546; 1489-57-5601; 1489-57-5544; 1489-57-5598; 1489-57-6532; 1489-57-6596; 1489-57-7541; 1489-57-8502; 1489-57-8570; 1489-57-6732; 1489-28-1544; 1489-28-3534; 1489-47-2243; 1489-57-1517; 1489-57-9518; 1489-67-1436 (the Property") Division of Property and Easements: City will purchase 112 acres +/- of the Property (the "City Parcel"), together with an easement or deed dedication, or other permanent dedication to the City for public access and use along the entire shoreline, for all reasonable shoreline public access and use, including but not limited to wading, fishing, walking, jogging, bird-watching, studying nature and wildlife, and similar activities, subject to reasonable controls by CBF to prevent interference with CBF's use of the CBF Parcel and CBF's environmental education activities. CBF will purchase 10 acres +/- of the Property (the "CBF Parcel"), together with the following easements on the City Parcel: a. Access Drive Easement: To provide pedestrian and vehicular ingress and egress to and from the CBF Parcel. b. Beach Access Easement: For use related to the conduct of field education classes. c. Pier Access Easement: For pedestrian ingress and egress. d. Pier Easement: For construction, maintenance and use of a pier, boat docking platform, dock boxes, canoe/kayak boat house and/or canoe/kayak racks. e. Utilities Easement: to the extent necessary, for the installation and maintenance of connections to public utilities. The Pier Easement and Pier Access Easement will be granted, provided such easements do not interfere with City's ability to obtain desired funding, which funding may require the grant of a conservation easement or placement of other use restrictions on portions of the City Parcel. Funding: The Parties expect the total purchase price of the Property to be $13,000,000. CBF will be responsible for securing $1,000,000 for the acquisition of the CBF Parcel. City will be responsible for securing $5,000,000 toward the purchase of the City Parcel. The Parties will continue to cooperate to help the City secure any public and private funding sources that maybe available to contribute toward the remaining $7,000,000 required for the acquisition of the City Parcel. A 10-acre portion of the City Parcel at the intersection of Marlin Bay Drive and Shore Drive may be marketed by TPL or City for private development. Future Agreements: At the appropriate time, the parties will negotiate and execute the following Agreements: Between City and TPL -Purchase and Sale Agreement for the purchase of the City Parcel; Between TPL and CBF -Purchase and Sale Agreement for the purchase of the CBF Parcel; Between City and CBF -- Cooperative Use Agreement to more explicitly outline shared uses and responsibilities in connection with the CBF Parcel and the City Parcel, and for any ongoing management of the easement areas to the extent not already addressed within such respective easement instruments. Due Diligence: TPL intends to complete at its expense all of the due diligence studies associated with the acquisition of the Property from the Owner, and to share the products of this due diligence with City and CBF. 2 The due diligence studies will include any appraisals, surveys or subdivision or re- subdivision plats, title reports or opinions, Phase I Environmental Site Assessment and any environmental testing related thereto. It does not include obtaining any permits or approvals necessary for the future intended uses of the Property by the Parties. City and CBF are each responsible for seeking their own respective necessary permits and approvals. Cooperation and Coordination: The Parties will continue to cooperate on site evaluation and pre-planning for the potential future uses of the Property, with City taking the lead on the City Parcel and CBF taking the lead on the CBF parcel. The Parties will coordinate the physical and legal access that would serve the CBF Parcel and the City Parcel with the intent to create the least environmental disturbance/impact to the Property as possible. City and CBF will continue to share ideas on the potential future improvements to each of their respective parcels, as well as ideas for potential improvements to areas that are intended for joint use by City and CBF. Public Information and Input: City and CBF intend to conduct a joint public input process, and the Parties understand that all proposed uses of and improvements to be constructed on the City Parcel and locations of easements on the City Parcel are subject to change after consideration of the public comments in the public input process. Termination: Any party may terminate the MOU as to that party upon giving 30 days' notice to the other parties. The remaining parties may continue in the agreement. Nonbinding: The MOU is not binding on any party, and no acquisitions are required to be completed until each party has secured funding and entered into the above-referenced Purchase and Sale Agreements. Post-Closing Right of Purchase and Right of First Refusal: The City will have a right to purchase the CBF Parcel for $1 million in the event CBF has not commenced construction within 10 years or substantially completed construction within 12 years from the date CBF acquires the CBF Parcel. The City will have a right of first refusal to purchase the CBF Parcel. CBF will give the City notice of any letter of intent and/or offer it intends to accept. City will have 45 days to notify CBF if it intends to exercise its right of first refusal. ~~ ,v,.< ~_. , ,, . .,,~- ~,` ,-~ _5 ~~ :'' a - ~'~f ,,_ .' '• - ~ ~ .~ ~~ . ~,' iJ ;ter' ,~O ~~~ x,..,, oo b~ 'o'er' 'z ~y li -2s- Item V.M.4. ORDINANCES/RESOLUTION ITEM # 61136 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT: Ordinance to ACCEPT a Conservation Easement dedication at 3067 West Neck Road Voting.• 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 9, 2011 1 AN ORDINANCE TO AUTHORIZE THE 2 ACCEPTANCE OF THE DEDICATION OF A 3 CONSERVATION EASEMENT OVER THE 4 PROPERTY LOCATED AT 3067 WEST NECK ROAD 5 6 WHEREAS, Ms. Emma Fountain is the owner of the property located at 3067 ~ West Neck Road, containing a farmhouse built circa 1810 and 41.5 +/- acres of property s (the "Property"); 9 to WHEREAS, Ms. Fountain has offered to dedicate a conservation easement over 11 the Property to the City of Virginia Beach (the "Easement"); 12 13 WHEREAS, under the terms of the Easement, other than the existing structures 14 and an area for the potential relocation of a Masonic lodge, the Property would not be 15 further developed; and 16 17 WHEREAS, acceptance of the dedication of the Easement would promote the is City's goals of preserving open space areas and preserving agricultural lands. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 1. That the City Council authorizes the City Manager or his designee to 24 accept the dedication of a conservation easement (the "Easement") over the 41.5 acre 25 (+/-) parcel of real property located at 3067 West Neck Road (the "Property") by Ms. 2 6 Emma Fountain. 27 2 s 2. That the City Manager or his designee is further authorized to execute any 2 9 and all documents necessary or appropriate in connection with the acceptance of the 3 o dedication of the Easement over the Property, so long as such documents are 31 consistent with the Summary of Terms attached hereto, and made a part hereof, and 32 such other terms and conditions deemed necessary and sufficient by the City Manager 33 and in a form deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day 36 of August , 2011. APPROVED AS TO LEGAL SUFFICIENCY City Attorney APPROVED AS TO CONTENT ~,,, .n<s Cit an CA11215 \\vbgov. com\DFS 1 \ApplicationslCityLawProd\cycom321Wpdocs\D027\P007\00073004. DOC R-1 July 29, 2011 SUMMARY OF TERMS Grantor: Grantee: Property: Cost of Acquisition Property Restrictions: CONSERVATION EASEMENT (the "Easement") Emma Smithson Fountain The City of Virginia Beach 41.586 +/- acres located at 3067 West Neck Road (G PI N: 2403-04-2343) None. Easement will be dedicated. Other than an existing historic home and supporting buildings and, if approved by Council at a later date, a 3.75 acre portion of the Property for the relocation of the Masonic Home currently located on Princess Anne Road, no other development would be allowed on the Property. Farming is allowed under the terms of the Easement. Future City Obligations: To monitor the Property and enforce the Easement terms, if necessary. i ~ ~ O ~ ~ ~ ~ a °~ -~ ~ ~ D `~ `~ o w o ~ ~ o z (~ N ~p ~ ~ ~ y ~ o W z O O ~ z ,~ ~ ~o D ~ Q o ~ W ~ Q N O W O N W ~-1d z -26- Item V.M.S. ORDINANCES/RESOLUTION ITEM# 61137 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT: Resolution to ISSUE an EMS permit to American Medical Response Mid Atlantic, Inc. to operate a private ambulance service within the City limits Voting.• 10-0 (By Consent) Council Members Voting Aye. Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 9, 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 A RESOLUTION TO APPROVE ESTABLISHMENT OF AMERICAN MEDICAL RESPONSE MID-ATLANTIC, INC. IN VIRGINIA BEACH AND TO APPROVE AN ANNUAL EMS PERMIT FOR PROVIDING PRIVATE AMBULANCE SERVICES WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must approve the establishment of an emergency medical service organization in the City of Virginia Beach; and WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 10.5-2 ,any individual or organization that desires to operate an emergency medical services agency or emergency medical services vehicles in Virginia Beach for emergency transport or non-emergency transport purposes must apply for a permit; and WHEREAS, a request for establishment and an application for a permit has been received from American Medical Response Mid-Atlantic, Inc.; and WHEREAS, this request and application has been recommended for approval by the Virginia Beach Department of Emergency Medical Services; and WHEREAS, City Council finds the approval of this request and application is in the best interests of the citizens of Virginia Beach as it will assure continued and adequate emergency services and will preserve, protect and promote the public health, safety and genera! welfare of the citizens. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the request of American Medical Response Mid-Atlantic, Inc. for the establishment of its emergency medical service in the City of Virginia Beach, and its application for an annual EMS permit for providing private EMS ambulance services in the City of Virginia Beach is hereby approved and granted, effective immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~_ day of 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4:.2~~ Emergency Medical Services City At ney's is CA11992 / R-1 /July 12, 2011 -2~- Item V M.6. ORDINANCES/RESOLUTION ITEM # 61138 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE a temporary encroachment into portions of City-owned rights-of--way for TOWN CENTER ASSOCIATES 7, LLC, to allow construction of a subterranean grease interceptor under Commerce Street The following conditions shall be required.• 1. TCA 7 shall not be permitted to make changes to the encroachment without prior written consent of the City, which can be withheld at the City's sole discretion. Any changes shall be constructed in a good and workmanlike manner and in accordance with the laws of the State and City. 2. Nothing herein shall prohibit the City from immediately removing or ordering TCA 7 to remove, all or any part of, the temporary encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. The temporary encroachment herein authorized terminates upon notice by the City to TCA 7 and that, within One Hundred Eighty (180) days after the notice is given, the temporary encroachment must be removed from the Encroachment Area by TCA 7. TCA 7 will bear all costs and expenses of such removal. The City shall have the right to remove the encroachment at TCA 7's expense. 4. It is further expressly understood and agreed that TCA 7 shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the temporary encroachment. August 9, 2011 -28- Item V M.6. ORDINANCES/RESOLUTION ITEM# 61138 (Continued) 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment, other than that specified herein and to the limited extent specified herein; provided, however, in the event of a casualty or damage to or destruction of the Encroachment, and provided the provisions of this Agreement are otherwise satisfied and the City did not give the Termination Notice prior to such casualty or damage to or destruction of the Temporary Encroachment. TCA 7 shall be entitled to reconstruct the Encroachment pursuant to this Agreement in substantially the same location and with substantially the same materials without the need for approval by the City Council of a new Agreement provided such reconstructed Encroachment shall be contained within the Encroachment area. 6. It is further expressly understood and agreed that TCA 7 agrees to maintain the temporary encroachment in good condition and repair and so as not to become unsightly or a hazard. 7. It is further expressly understood and agreed that TCA 7 must submit and have approved a Traffic Control Plan. 8. It is further expressly understood and agreed that other than what is necessary for the installation, maintenance, repair or replacement of the Encroachment, no open cut of the public roadway will be allowed. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. 9. Any pavement resurfacing work necessitated by the installation, maintenance, repair or replacement shall extend to a full lane width and not just a pavement patch over the utility area that was cut open, If damage extends beyond the single land, then the resurface area shall extend to a second lane. The resurfacing area shall match the existing pavement layer matrix. 10. Prior to issuance of the right-of--way/utility easement permit, in addition to obtaining the City 's written approval, Grantee must also post a bond or other security in the amount of two (2) times the amount of the engineer's cost estimate to the Office of Planning. August 9, 2011 -29- Item V.M.6. ORDINANCES/RESOLUTION ITEM# 61138 (Continued) 11. TCA 7 must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City and all insurance policies must name the City as additional named insured or loss payee, as applicable. TCA 7 also agrees to carry comprehensive general liability insurance in an amount not less than $500, 000 combined single limits of such insurance policy or policies. TCA 7 will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. TCA 7 assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the temporary encroachment. 12. TCA 7 must submit for review and approval, a survey of the Encroachment area, certified by a registered Professional Engineer or a licensed Land Surveyor and/or "as built" plan sealed by a registered Professional Engineer, if required by either the City Engineer's office or the Engineering Division of the Public Utilities Department. 13. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to TCA 7 and collect the cost in any manner provided by law for the collection of local or state taxes, may require TCA 7 to remove the temporary encroachment, and pending such removal, the City may charge TCA 7 for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by TCA 7; and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100) per day for each and every day that the temporary encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. August 9, 2011 -30- Item i!M. 6. ORDINANCES/RESOLUTION ITEM # 61138 (Continued) Voting.• 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer Barbara M. Henley, Sessoms, Jr., Prescot and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel Vice Mayor Louis R. Jones, Mayor William D. t Sherrod, John E. Uhrin, Rosemary Wilson August 9, 2011 1 AN ORDINANCE TO AUTHORIZE A 2 TEMPORARY ENCROACHMENT INTO A 3 PORTION OF CITY RIGHT-OF-WAY UNDER 4 COMMERCE STREET AT TOWN CENTER s BY TOWN GENTER ASSOCIATES 7, L.L.C. 6 7 WHEREAS, Town Center Associates 7, L.L.C. {"TCA") is the owner of the West g Retail Unit A of the Block 7 Condominium at Town Center in Virginia Beach, Virginia; 9 so WHEREAS, TCA has requested that the City allow temporary encroachments in 11 the right-of-way under Commerce Street for .the purpose of constructing a grease 12 interceptor to serve a new restaurant in Town Center; and 13 14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 15 Gode of Virginia, 1950, as amended, to authorize temporary encroachments upon the 16 Gity's property subject to such terms and conditions as Counci( may prescribe. 17 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 2 o That pursuant to the authority and to the extent thereof contained in §§ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Town Center Associates 7, 22 L.L.C. and their assigns and successors in title are authorized to construct and maintain 23 a temporary encroachment consisting of an underground grease trap on a portion of 24 City right-of-way as shown on the map marked Exhibit "A" and entitled: "EXHIBIT "A" 25 SHOWING AREA OF ENCROACHMENT FOR 1500 GALLON GREASE 26 INTERCEPTOR, VIRGINIA BEACH, VIRGINIA, JULY 14, 2011," a copy of which is on 27 file in the Department of Public Works and to which reference is made for a more 28 particular description; and 29 3o BE iT FURTHER ORDAINED, that the temporary encroachment is expressly 31 subject to those terms, conditions and criteria contained in the Agreement between the 32 City of Virginia Beach and Town Center Associates 7, L.L.C. {the "Agreement"); and 33 34 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 3s is hereby authorized to execute the Agreement, and such other terms and conditions 36 deemed necessary and sufficient by the City Manager and in a form deemed 3 7 satisfac#ory by the City Attorney; and 38 39 BE (T FURTHER ORDAINED, that this Ordinance shall not be in effect until such 4 o time as Town Center Associates 7, L.L.C. and the City Manager or his authorized 41 designee executes the Agreement. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 91-h day 44 Of Auc~-~st , 2011. 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RIM=9.76 ° INV (IN}= 4.02 o ~ INV (OUT}= 3.69 ~ z , ; ~ - - - 1 i EXHIBIT 'A' SHOWWG AREA OF ENCROACHMENT FOR 1500 GALLON GREASE INTERCEPTOR VIRGINIA BEACH, VIRGINIA JULY 14, 2011 PROD. NO.: 99161 T DATE: 07-14-11 SCALE: 1" = 20' -0 036291 ~~ ~SSIONAL ~~G PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT (this "Agreement"), made this day of August, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia ("City"), "Grantor"; and TOWN CENTER ASSOCIATES 7, L.L.C., a Virginia limited liability company ("TCA 7") "Grantee". WITNESSETH: That, WHEREAS, TCA 7 is the owner of the "West Retail Unit A" created under that certain Declaration of Condominium of Town Center Condominium 7, dated June 1, 2006, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office"), as Instrument No. 20060620000928680 and related instruments, as amended by that certain First Amendment dated November 29, 2007, recorded in the Clerk's Office as Instrument No. 20071129001591250, and by that certain Second Amendment dated January 1, 2011, recorded in the Clerk's Office as Instrument No. 20110408000357900 (as same may be further amended from time to time, the "Master Condominium Instruments"), pursuant to which a condominium known as "Town Center Condominium 7" and having an address of 4545 Commerce Street, Virginia Beach, Virginia, 23462 (the "Master Condominium") was created (collectively, the "Grantee Property"); WHEREAS, TCA 7 has constructed the condominium building (the "Building") that includes certain structures which extend beyond the boundaries of the Grantee Property and encroach onto property owned by the City being the right-of-way for Commerce Street (all areas on which the Temporary Encroachment (as defined below) GPIN: 1477-44-7510-8000 (West Retail Unit A) (CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED) exists shall be collectively referred to herein as the "Encroachment Area"), which Encroachment consists solely of the following: A 1500 gallon grease interceptor and associated connecting and support structures (collectively, the "Temporary Encroachment"). A drawing showing the located and dimension of the Temporary Encroachment entitled "EXHIBIT 'A' SHOWING AREA OF ENCROACHMENT FOR 1500 GALLON GREASE INTERCEPTOR VIRGINIA BEACH, VIRGINIA", dated July 14, 2011, prepared by MSA, P.C., is attached hereto and incorporated herein as Exhibit A. WHEREAS, TCA 7 desires, and the City has agreed to permit TCA 7, to temporarily retain the Temporary Encroachment on the Encroachment Area subject to the terms of this Agreement; NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to TCA 7 and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to TCA 7 temporary permission to retain and use the Temporary Encroachment in its present "AS-IS" condition and location. TCA 7 shall not be permitted to make changes to the Temporary Encroachment without the prior written consent of the City, which consent can be withheld at the City's sole discretion. Any changes to the Temporary Encroachment shall be constructed (a) in a good and workmanlike manner and (b) in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach. Nothing herein shall prohibit the City from immediately removing, or ordering TCA 7 to remove, all or any part of the Temporary Encroachment from the 2 Encroachment Area, in the event of an emergency or public necessity, and TCA 7 shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized shall terminate upon notice by the City to TCA 7 (the "Termination Notice"), and that within one hundred eighty (180) days after the Termination Notice is given, the Temporary Encroachment must be removed from the Encroachment Area by TCA 7; and that TCA 7 will bear all costs and expenses of such removal. In the event that TCA 7 fails to remove the Temporary Encroachment within such one hundred eighty (180) day period, then the City shall have the right to remove the Temporary Encroachment at TCA 7's sole cost and expense. It is further expressly understood and agreed that TCA 7 shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than the Temporary Encroachment specified herein and to the limited extent specified herein; provided, however, in the event of a casualty or damage to or destruction of the Temporary Encroachment, and provided the provisions of this Agreement are otherwise satisfied and the City had not given the Termination Notice prior to such casualty or damage to or destruction of the Temporary Encroachment, TCA 7 shall be entitled to reconstruct the Temporary Encroachment pursuant to this Agreement in substantially the same location and with substantially the same materials without the need for approval by the 3 City Council of the City of a new Encroachment Agreement, provided such reconstructed Temporary Encroachment shall be contained within the Encroachment Area. It is further expressly understood and agreed that TCA 7 agrees to maintain the Temporary Encroachment in good condition and repair. The Temporary Encroachment shall not become unsightly or hazardous. It is further expressly understood and agreed that TCA 7 must submit and have approved (by all applicable authorities and jurisdictions) a traffic control plan before commencing any work in the Encroachment Area. It is further expressly understood and agreed that TCA 7 agrees that, other than is necessary for the installation, maintenance, repair or replacement of the Temporary Encroachment, no open cut of the public roadway will be allowed. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that TCA 7 agrees that any pavement resurfacing work necessitated by the installation, maintenance, repair or replacement of the Temporary Encroachment shall extend to a full lane width and not just a pavement patch over the utility area that was cut open. If damage extends beyond the single lane then the resurface area shall extend to a second lane. The pavement resurfacing area shall match the existing pavement layer matrix. This will provide a uniform surface over the entire work area and allow for smoother transition from the existing surface to the new surface. 4 It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, in addition to obtaining City's written approval (which approval may be withheld at City's sole discretion), TCA 7 must also post a bond or other security, in the amount of two times the amount of TCA 7's engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during any construction. It is further expressly understood and agreed that TCA 7 must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City for the Temporary Encroachment, and all insurance policies must name the City as additional named insured or loss payee, as applicable. TCA 7 also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies covering the Temporary Encroachment. TCA 7 will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of such insurance policies. TCA 7 assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that TCA 7 must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 5 It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to TCA 7, and collect the cost in any manner provided by law for the collection of local or state taxes; may require TCA 7 to remove the Temporary Encroachment; and pending such removal, the City may charge TCA 7 for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by TCA 7; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. The provisions of this Agreement shall be binding upon TCA 7 and the successors and assigns of TCA 7. Upon transfer of title to the West Retail Unit A (the "Unit"), the rights and obligations of the owner(s) of the Unit hereunder shall transfer automatically to the transferee of the Unit, and the transferor of the Unit shall be released from all liability arising from facts or circumstances arising after the date of recordation of the deed transferring the Unit. IN WITNESS WHEREOF, TCA 7 has caused this Agreement to be executed on its behalf by a duly authorized representative, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 6 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2011, by ,CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public Notary Registration Number: My Commission Expires: _ (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2011, by RUTH HODGES ERASER, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public Notary Registration Number: My Commission Expires: 7 TOWN CENTER ASSOCIATES 7, L.L.C., a Virginia limited liability company By: Louis S. Haddad, Manager Bv: Anthony P. Nero, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2011, by Louis S. Haddad, Manager on behalf of Town Center Associates 7, L.L.C., a Virginia limited liability company. Notary Public Notary Registration Number: My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2011, by Anthony P. Nero, Manager on behalf of Town Center Associates 7, L.L.C., a Virginia limited liability company. Notary Public Notary Registration Number: My Commission Expires: 8 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE DEPARTMENT 5553\026\Encroachment-Grease Trap\Town Center Encroachment-v2.docx 9 -31- Item V.M.7.a./b/c/d1e ORDINANCES/RESOLUTION ITEM # 61139 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT: Ordinances to ACCEPT and APPROPRIATE Grant funds: a. $ 17,500 from Homeland Security to the Fire Department re equipment for the Hazardous Materials Team (HAZMAT) b. $142,590 from various sources to Public Utilities re auxiliary power for sewer pump stations c. $ S, 512 from the Virginia Department of Criminal Justice re the Victim Witness Program d. $ 27, 735 from the Virginia Rescue Squad Assistance Fund under the Four for-Life Program with a local match of $27, 735 re purchase of defibrillators e. TRANSFER $I5, 000 from the General Fund Reserve to Economic Development and AUTHORIZE a donation to: Seton Youth Shelters Children's Hospital of the King's Daughters Virginia Beach Travel and Tourism Foundation Voting.• 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 9, 2011 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS TO THE FY 2011-12 OPERATING BUDGET OF THE FIRE DEPARTMENT FOR HAZMAT TEAM EQUIPMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $17,500 is hereby accepted from the Virginia Department of Emergency Management and appropriated, with estimated revenues increased accordingly, to the FY 2011-12 Operating Budget of the Fire Department to purchase Hazmat Team Equipment. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of August , 2011. Requires an affirmative vote by a majority of all of the elected members of City Council. APPROVED AS TO CONTENT: .'~ I Management Services APPROVED AS TO LEGAL SUFFICIENCY: t rn Office CA12004 R-1 July 27, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO ACCEPT AND APPROPRIATE HAZARD MITIGATION GRANT FUNDS TO CAPITAL IMPROVEMENT PROJECT #6-501, AUXILIARY POWER PROGRAM-SEWER PUMP STATIONS -PHASE III BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $106,943 in federal pass-through funding from the Federal Emergency Management Agency is hereby accepted and appropriated, with federal revenue increased accordingly, to CIP #6-501, Auxiliary Power Program- Sewer Pump Stations -Phase III; 2. That $28,518 in State funding from the Virginia Department of Emergency Management is hereby accepted and appropriated, with State revenue increased accordingly, to CIP #6-501; and 3. That the required local match of $7,129 shall be provided from existing funding within CIP #6-501. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of Auc~ltst , 2011. Requires an affirmative vote by a majority of all of the elected members of City Council. APPROVED AS TO CONTENT: <:~ + Management Services APPROVED AS TO LEGAL SUFFICIENCY: y's Office CA12000 R-1 July 25, 2011 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 AWARDED THROUGH THE VICTIM WITNESS PROGRAM 3 GRANT 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 That $5,512 is hereby accepted from the Department of Criminal Justice Services 7 and appropriated, with estimated federal revenues increased accordingly, to the FY 2011- 8 12 Operating Budget of the Commonwealth Attorney to support the Victim Witness 9 Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of August 2011. Requires an affirmative vote by a majority of all of the elected members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .~~ ~, ~ Management Services i y y's Office CA12003 R-1 July 26, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS AND TO TRANSFER FUNDS TO THE FY 2011-12 OPERATING BUDGET OF THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES FOR THE PURCHASE OF DEFIBRILLATORS AND RELATED EQUIPMENT FOR AMBULANCES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1) $27,735 is hereby accepted from the Virginia Department of Health, Office of Emergency Medical Services and appropriated, with estimated state revenues increased accordingly, to the FY 2011-12 Operating Budget of the Department of Emergency Medical Services for the costs of replacement defibrillators and related equipment; and 2) $27,735 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the Department of Emergency Medical Services to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the Stn day of August , 2011. Requires an affirmative vote by a majority of all of the elected members of City Council. APPROVED AS TO CONTENT: ~ ~~ wJ ~_ Management Services APPROVED AS TO LEGAL SUFFICIENCY: A ne s Office CA11998 R-1 July 15, 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 AN ORDINANCE TO TRANSFER FUNDS EQUAL TO THE AMOUNT RAISED BY THE FOURTH ANNUAL VIRGINIA BEACH BUSINESS APPRECIATION CHARITY GOLF CLASSIC AND NETWORKING RECEPTION AND TO AUTHORIZE A DONATION TO SETON YOUTH SHELTERS, CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS, AND VIRGINIA BEACH TRAVEL AND TOURISM FOUNDATION WHEREAS, on May 13, 2011, the Virginia Beach Development Authority and the Department of Economic Development hosted the fourth annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception at the Virginia Beach National Golf Club, which generated $15,000 that can be donated to local charitable programs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $15,000 is hereby transferred from the General Fund Reserve for Contingencies to the Economic Development Department, which is equal to the amount generated by the fourth annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception for purposes of donation to local charitable programs; and 2. The $15,000 will be donated to Seton Youth Shelters, Children's Hospital of the King's Daughters, and Virginia Beach Travel and Tourism Foundation. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of August , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: a_ ~~ Management Services it tt ey s Office CA11890 R-3 June 24, 2011 ~' I -32- Item V.N. PLANNING ITEM # 61140 1. GREYHOUND LINES, INC. 2.HAMPTON ROADS CHURCH OF CHRIST CONDITIONAL USE PERMIT MODIFICATION OF CONDITION #3 3.EQUI--KIDS THERAPEUTIC RIDING PROGRAM MODIFICATION OF CONDITIONAL USE PERMIT (APPROVED: 8/12/2003) 4. THE CONGREGATION OF THE GATHERING UNITED METHODIST CHURCH S. PRIORITYAUTO GROUP, INC./ VIRGINIA BEACH DEVELOPMENT AUTHORITY CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT 6.MARK SPANGLER D/B/A GARDEN, INC./ CONDITIONAL USE PERMIT PARKWAY SHOPING CENTER ASSOCIATES, LLC 7. C & C DEVELOPMENT CO., INC. 8. CITY OF VIRGINIA BEACH CONDITIONAL CHANGE OF ZONING AMEND Section 221 of the City Zoning Ordinance (CZO) pertaining to time limits for Conditional Use Permits and conformity with applicable requirements. August 9, 2011 -33- Item i!N. PLANNING ITEM # 61141 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED IN ONE MOTION Items I (DEFERRED), 2, 3, 4, S, 6, 7 and 8 of the PLANNING BY CONSENT AGENDA: Voting.• 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Harry E. Diezel August 9, 2011 -34- Item V.N.1. PLANNING ITEM # 61142 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council DEFERRED six (6) MONTHS TO FEBRARY l4, 2012, BY CONSENT, Ordinance upon application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger transportation terminal at 971 Virginia Beach Boulevard (GPIN 2417659737) (DISTRICT 6 -BEACH) Ordinance upon application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger transportation terminal at 971 Virginia Beach Boulevard (GPIN 2417659737) (DISTRICT 6 - BEACH) Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 9, 2011 -35- Item V.N.2. PLANNING ITEM # 61143 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinance upon application of HAMPTON ROADS CHURCH OF CHRIST, re Modification of a Conditional Use Permit, at 2520 Holland Road (GP/N 1494874511). DISTRICT 7 - PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HAMPTON ROADS CHURCH OF CHRIST for Modi nation of Condition #3 of their Use Permit (approved by City Council August 26, 2009) re an additional modular unit at 2520 Holland Road. (GP/N 1494874511) (DISTRICT 7 -PRINCESS ANNE) 8081137432 The following conditions shall be required: The proposed temporary structure planned for the site must be developed in substantial conformance with the revised marked-up survey by Ward M. Holmes and signed May 12, 2009. Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The temporary structure is approved for a period of frve (S) years from the date the August 25, 2009, Conditional Use Permit was granted. 4. The landscape buffer depicted on the Plan must be developed as a ten foot (10) wide planting bed extending eighty feet (80) in length along the front portion of the proposed temporary structure. A double row of wax myrtles, 5'-6' in height, at planting, must be installed in the landscaped area prior to final Plan approval. The Loblolly Pines and Red Oak trees planned by the applicant may be dispersed along the front portion of the site in the area where the temporary structure is planned. 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. 6. The rear parking lot shall be improved with paving, striping and landscaping in accordance with the City Code or be removed and restored back to a grassy area as depicted within the submitted survey. A plan to either restore this area to grassy condition (as shown within the submitted 2009 survey) or to improve the rear parking must be submitted within sixty (60) days after City Council approval to the Planning Department /Development Services Center. August 9, 2011 -36- Item i!N.2. PLANNING ITEM # 61143 (Continued) 7. Every attempt shall be taken to protect all existing trees onsite. For every damaged or removed tree, mitigation of two (2) canopy trees shall be installed in its place. 8. All portable structures shall have skirting around the entire base of each building to screen the under-carriage of the unit. 9. Foundation planting shall be installed adjacent to all portable buildings onsite. One tree shall be provided for every Twelve (12) linear feet of portable building facade visible from the parking lot. Foundation planting beds are required to be a minimum of three (3) feet wide and trees within the planting bed shall be a minimum of five (5) to six (6) feet in height at the time of planting. This Ordinance shall be effective in accordance with Section 107 (,~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth day of August, Two Thousand Eleven Voting.• 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 9, 2011 -37- Item V.N.3. PLANNING ITEM # 61144 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council BY CONSENT, MODIFIED/REVISED CONDITIONS re, Ordinance upon application of EQUI-KIDS THERAPEUTIC RIDING PROGRAM for Modi tcation of a Conditional Use Permit (approved by City Council August 12, 2003) re construction of a single family dwelling at 2626 Heritage Park Drive (GPIN 2413793139) (DISTRICT 7 -PRINCESS ANNE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of EQUI-KIDS THERAPEUTIC RIDING PROGRAM for Mod cation of a Conditional Use Permit (approved by City Council August 12, 2003) re construction of a single family dwelling at 2626 Heritage Park Drive (GPIN 2413793139) (DISTRICT 7 -PRINCESS ANNE) 8081137433 The following conditions shall be required: 1. A fifty (SO) foot wide vegetative buffer shall be installed along the shoreline of the Stormwater Management facility adjacent to the Equi-Kids facility. 2. The facility shall be for the exclusive use of the non profit organization known as Equi-Kids. There shall be no horse shows staged by other organizations. There shall be no horse shows staged for the purpose of attracting the public or promoting competition between horses or equestrian groups beyond that for the clients served by Equi-Kids. 3. Any lighting for the facility shall be directed in toward the site and shall not exceed a height of fourteen (14) feet. 4. Condition Number 4 added to the Conditional Use Permit - "The proposed caretaker dwelling shall be constructed substantially in conformance with the submitted site plan and elevation which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Building materials shall include cement board siding and architectural grade roo~g shingles. The windows and doors shall be vin ly clad. " This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth day of August, Two Thousand Eleven August 9, 2011 -38- Item i~N.3. PLANNING ITEM # 61144 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 9, 2011 -39- Item V.N.4. PLANNING ITEM # 61145 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinance upon application of THE CONGREGATION OF THE GATHERING UNITED METHODIST CHURCH, re Conditional Use Permit, re religious use, 201 Market Street (GPIN 1477447718). DISTRICT 5 - LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of THE CONGREGATION OF THE GATHERING UNITED METHODIST CHURCH for a Conditional Use Permit re a religious use at the Sandler Center for the Performing Arts at 201 Market Street (GPIN 1477447718) (DISTRICT S - LYNNHAVEN) 8081137434 The following conditions shall be required: 1. There should be no more than the number of individuals approved by the Building Official's office and Fire Marshal, whichever is less, attending any one given service. 2. Services shall operate from 8: 30 A.M. until 12:30 P.M. on Sundays. 3. Special services for religious holidays shall be arranged with the General Manager for the Sandler Center for the Performing Arts. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth day of August, Two Thousand Eleven Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Harry E. Diezel August 9, 2011 -40- Item V.N.S. PLANNING ITEM # 61146 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinance upon application of PRIORITY AUTO GROUP, INC./CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, Conditional Use Permit, automobile sales & service, 100 South Independence Boulevard (GPIN 1477435719; 1477437709). LYNNHAVENDISTRICT. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of PRIORITY AUTO GROUP, INC./ VIRGINIA BEACH DEVELOPMENT AUTHORITY, for a Conditional Use Permit re automobile sales and service, at 100 South Independence Boulevard (GPIN 1477435719; 1477437709) (DISTRICT 5 - LYNNHAVEN) 8081137435 The following conditions shall be required: The site shall be developed as depicted on the submitted Landscape Plan of "Priority Auto Group, South Independence Boulevard, Virginia Beach, Virginia ", dated 6/30/11, and prepared by MSA, P. C. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Vehicles shall be parked within the delineated parking spaces, and no vehicles shall be parked within any portion of the public right-of--way. Vehicles shall not be displayed on raised platforms. Vehicles shall not be displayed or parked within any landscape area on the site. Vehicles shall not be displayed with the hood of the vehicle open. 3. Any alterations to the building, i. e. the roll-up door on the southeast side of the building, shall require an elevation and description of the work as well as color pallet to be submitted to the Planning Director, or his designee, for review and approval prior to the issuance of building permit. 4. The existing nonconforming sign shall be removed. A monument style freestanding sign shall be permitted on this site, no more than eight (8) feet in height. There shall be no electronic display, neon signs or neon accents installed on any wall area of the exterior of the building, windows, and / or doors, light poles or any other portion of the site. S. There shall be no electronic display signs, pennants, streamers, balloons, portable signs, strings of lights or banners displayed on the site or the vehicles. 6. No outdoor speakers or public address system shall be permitted. 7. The applicant shall obtain all necessary permits, inspections and a Certificate Of Occupancy for the change of use before a business license is issued. August 9, 2011 -41- Item V.N.S. PLANNING ITEM # 61146 (Continued) 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 Ninth day of August, Two Thousand Eleven Voting.• 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 9, 2011 -42- Item V.N.6. PLANNING ITEM # 61147 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, an Ordinance upon application of MARK SPANGLER D/B/A GARBEN, INC./PARKWAY SHOPPING CENTER ASSOCIATES, LLC, for a Conditional Use Permit, for one year/revised conditions, re indoor recreational facility, 1949 Lynnhaven Parkway, Suite 1588 (GPIN 1475978568). DISTRICT 3 -ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of MARK SPANGLER D/B/A GARBEN, INC./PARKWAY SHOPPING CENTER ASSOCIATES, LLC for a Conditional Use Permit re an indoor recreational facility at 1949 Lynnhaven Parkway ,Suite 1588 (GPIN 1475978568). DISTRICT 3 -ROSE HALL 8081137436 The following conditions shall be required: 1. Approval is subject to a one (1) year time frame and may not be renewed administratively. At the end of this one year, the Conditional Use Permit shall be referred back to the Planning Commission and City Council for review. 2. The establishment shall close no later than 2: 00 A.M. 3. No customer parking shall be permitted behind the Shopping Center along the western property line. 4. This Conditional Use Permit is valid for the subject unit of 4,800 square feet. S. The applicant shall obtain and/or update all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth day of August, Two Thousand Eleven Voting.• 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 9, 2011 -43- Item i~N.7. PLANNING ITEM # 61148 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, an Ordinance upon Application of C & C DEVELOPMENT CO., INC. for a Chan e o Zoning District Classi acation from O-2 Office to Conditional R-SD Residential Duplex with the Old Beach District Overlay at 414 25th Street (GPIN 2427090610). Comprehensive Plan -SGA 8 Resort Area, Density 11.4 DU /acre (DISTRICT 6 -BEACH) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of C & C DEVELOPMENT CO., INC. for a Change of Zoning District Classi acation from O-2 Office to Conditional R-SD Residential Duplex with the Old Beach District Overlay at 414 25th Street GPIN 2427090610 (DISTRICT 6 -BEACH) The following conditions shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court And is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth day of August, Two Thousand Eleven Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 9, 2011 G1N1A BEAC ~04~ 4J~~~~ ~~,~ L~G~ ~7 1 F. ~ ~ ti „~~ ~ ~. 3 \ .!.gib , 9 u~' ~-~_ 5 Of OUR NP~~O ~[ In Reply Refer To Our File No. DF-7995 TO: Mark D. Stiles FROM: B. Kay Wilsor~~"` CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: July 22, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; C & C Development Company, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 9, 2011. I have reviewed the subject proffer agreement, dated March 2, 2011 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./ C and C DEVELOPMENT COMPANY, INC., a Virginia corporation WCCJ Properties, L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 2nd day of March, 2011, by and between C and C' DEVELOPMENT COMPANY, INC., a Virginia corporation, Grantor, party of the first part;, WCCJ PROPERTIES, L.C., a Virginia limited liability company, Grantor, party of the second. part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the CommonwealtL-i. of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of four (4) contiguous parcels of property located in the Beach District of the City of Virginia Beach, containing approximately 22,800 square feet which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the party of the first part, being the contract purchaser of the Property° has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach; Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of thee. Property from O-2 Office District to Conditional R5-D Residential District (Old Beach. Overlay); and WHEREAS, the Grantee's policy is to provide only for the orderly development of land. PREPARED BY: j.: 5~~1:5. ~{~IJ12DC)?~. ~~ ~~kRN a~ L~'Y,1~.C. for various purposes through zoning and other land development legislation; and GPIN: 242'J-o9-o6io 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 Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit. differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, 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 resolve the situation tc~ 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 with respect to the Property, 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, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro ~ for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern. the physical development, operation, and use of the Property and hereby covenants and. agrees 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, grantees, and other successors in. PREPARED BY: ~.~ S~'~S. ~fl~~©i~. ~~ t1~I£RN ~ 1.~v4'. ~~.C. interest or title: 1. When the Property is redeveloped, it shall be resubdivided into three (3) lots, each with a two dwelling unit residential condominium, substantially as shown on the exhibit. entitled, "REZONING EXHIBIT FOR C & C DEVELOPMENT CO. 4i4 25th STREET VIRGINIA BEACH, VIRGINIA", dated March 2, 2oii, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The architectural design of the single family dwellings on 25th Street and 24th 1/z Street depicted on the Site Plan will be as substantially depicted on the exhibit entitled, "~5th STREET ELEVATION", which has been exhibited to the Virginia Beach City Council and is on file ~~ith the Virginia Beach Department of Planning (hereinafter "Elevation"). 2 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies anc~ departments to meet all applicable City code requirements. All references hereinabove to R-5D District and to the requirements and regulation;; applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement b}~ City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed anc~ accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue iri full force and effect until a subsequent amendment changes the zoning of the Property anci~ specifically repeals such conditions. Such conditions shall continue despite a subsequen~~: amendment to the Zoning Ordinance even if the subsequent amendment is part of ~~ comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied b}~ 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 writin€; 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 pursuan~l: to the provisions of Section i5.2-2204 of the Code of Virginia, 1950, as amended. Saicl ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: PREPARED BY: ~.~ S~'~:~5. i3~t~rt~t3N. ~ifl ~~ttzt~~ ~ Lam. ~.~. (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall bf~ vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and ~ enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause tc, deny the issuance of any of the required building or occupancy permits as may bc~ appropriate; 3 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions 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 names of the Grantors and the Grantee. PREPARED BY: I.~ Sl'I~tS. ~~U~2Jflid. S~ ~~E~N a~ i.t1~Y. P.C. 4 WITNESS the following signature and seal: Grantor: C and C Development Company, Inc., a Virginia corporation By: `~ (SEAL) ristophe . Ettel, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this'- day of ~'~~' 2oi1, Christopher J. Ettel, President of C and C Development Company, Inc., a Virginia corporation, Grantor. ~ ~~ s ~'' Notary Public My Commission Expires: ~" `~ • ~~ t~ ~ `` ~ `1 _, Notary Registration No.: 192628 . w rw ~ ,~`'` ~. Plotary Dubuc a Commonweakh d Viyini~ $'~+. n+'~"~ My Cortun~on Expres J~nuMr 3t, ~D1~ Cortmussioit ~ T,~1~8 PREPARED BY: WITNESS the following signature and seal: Grantor: WCCJ PROPERTIES, L.C. a Virginia limited liability comapany ~ r c^~ ~ ~ B ~~°~ fir; ii C ~' ~- ~ , `~ -~%;~ (SEAL) y~ Anne B. Clifford, Sole Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~ day of ~, 2oli, by Anne B. Clifford, Sole Member of WCCJ PROPERTIES, L.C., a Virginia limited liability company, Grantor. ~ ~ _, /`--"'' Not ry Public pv `s~'" ~ My Commission Expires: 1 ~, ~~`I }~-, Notar~,~i~ ~ ation No.: 182628 ' .!... PREPARED BY: 1 ~ SYKES, Bt~i?~I~DON, EXHIBIT "A" ALL THAT certain lot, 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, and being known, numbered and designated as Lots 22, 24, 26 & 28, Block: 93, Map No. 6, as shown on that certain plat entitled "Part of the Property of the Virginia. Beach Development Co.", 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 5, at Page 103. GPIN: 2427-09-0610 \\Sykesw2k\users\AM\Conditional Rezoning\C and C Development\25th Street\Proffer_Clean 4-21-ii.doc PREPARED BY: ~aJ JYKI=S. #3OlTkl~(iN. ~~ }~I1:11Pd ~ i.kVY.1~.C. 7 -44- Item vN.8 PLANNING ITEM # 61149 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT.• Ordinance upon Application of the CITY OF VIRGINL4 BEACH to AMEND Section 221 of the City Zoning Ordinance (CZO) pertaining to time limits for Conditional Use Permits and conformity with applicable requirements. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 9, 2011 1 AN ORDINANCE TO AMEND SECTION 221 OF THE CITY 2 ZONING ORDINANCE PERTAINING TO TIME LIMITS FOR 3 CONDITIONAL USE PERMITS AND CONFORMITY WITH 4 APPLICABLE REQUIREMENTS 5 6 Section Amended: City Zoning Ordinance Section 221 7 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 221 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 19 ALL DISTRICTS 20 21 .... 22 23 C. CONDITIONAL USES AND STRUCTURES 24 25 .... 26 27 Sec. 221. Procedural requirements and general standards for conditional uses. 28 29 .... 30 31 (g) Term of conditional use permit. Unless otherwise provided when a 32 conditional use permit is issued, the applicant must show and bear evidence in good 33 faith of his intention to proceed with the construction and use of the land. 34 35 36 ~ , 37 38 39 ~ . 40 41 42 43 . 44 45 .All time limits pertaining to commencement of construction and 46 duration of the conditional use permit shall be in accordance with the applicable 47 provisions of the Virginia Code. Once the conditional use permit is activated by 48 commencement of construction or use, then the general and specific conditions 49 attached to the conditional use permit shall constitute additional zoning regulations and 50 requirements for the site which to the extent of any conflict shall supersede the zoning 51 district regulation. 52 53 .... 54 55 (i) Compliance with requirements. No conditional use permit shall be issued 56 except upon a finding by the city council that the proposed use conforms to the 57 requirements set forth in this ordinance 58 ~a ~ and that the proposed conditional use, 59 together with the conditions attached, will be compatible with the neighborhood in which 60 it is to be located, both in terms of existing land uses and conditions and in terms of 61 proposed land uses and uses permitted by right in the area. Among matters to be 62 considered in this connection are traffic flow and control; access to and circulation within 63 the property; off-street parking and loading; refuse and service areas; utilities; screening 64 and buffering; signs, yards and other open spaces; height, bulk and location of 65 structures; location of proposed open space uses; hours and manner of operation; and 66 noise, light, dust, odor, fumes and vibrations. 67 68 The City Council may, for good cause shown and upon a finding that there will be 69 no significant detrimental effects on surrounding properties allow reasonable deviations 70 from the following requirements otherwise applicable to the proposed development 71 72 (1) Required setbacks; 73 74 (2) Required landscaping; 75 76 ~3) Height restrictions, except as provided in Section 202 (b)' and 77 78 (4) Minimum lot area requirements. 79 80 .... Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of August, 2011. Item #18 City of Virginia Beach An ordinance to amend Sections 221 of the City Zoning Ordinance pertaining to time limits CONSENT An Ordinance to amend Section 221 of the City Zoning Ordinance (CZO) pertaining to time limits for Conditional Use Permits and conformity with applicable requirements. SUMMARY OF AMENDMENT The time limitations on commencement of construction currently in subsection (g) of Section 221 of the City Zoning Ordinance are outdated and have been superseded by provisions in the Virginia Code governing the vesting of approved developments. In particular, once a conditional use permit allowing a specific project has been approved and the owner or developer has incurred extensive obligations or substantial expenses in diligent pursuit of the specific project in good faith reliance on the approval, the right to the use allowed by the use permit has vested. The amendments to subsection (i) of Section 221 of the City Zoning Ordinance clarify and refine the circumstances under which the City Council may allow a conditional use to deviate from CZO requirements otherwise applicable to the development. The amendment makes clear that the City Council may only modify setbacks, landscaping, height (except as to hazards to air navigation) and minimum lot area requirements otherwise applicable to the subject property and that it may do so only upon a finding that there will be no significant detrimental effects upon surrounding properties by reason of the modifications. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Commission approved item 18 for consent. Karen Lasley appeared before the Commission. There was no opposition present. -45- Item V.O.1. APPOINTMENTS ITEM # 611 SO BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT.• COMMUNITY SER VICES BOARD August 9, 2011 -46- Item V.O.2. APPOINTMENTS ITEM # 611 SI Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: COMMUNITY MEDICAL AD VISOR Y COMMISSION Dr. Edward E. Brickell Judith Stevens Lisbett Renee Ward S-Year Terms - 9/1/11- 8/3l/16 Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 9, 2011 -47- Item V.O.3 APPOINTMENTS ITEM # 61152 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: VIRGINL4 BEACH DEVELOPMENTAUTHORITY Unexpired thru 8/3l/14 Dorothy Wood 4 Yr. Term 9/1/11- 8/31/1 S Brian Cuffee REAPPOINTED: 4 Yr. Term 9/l/11- 8/31/1 S Dan H. Brockwell Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Cozmcil Members Absent: Harry E. Diezel August 9, 2011 -48- Item V.0.4 APPOINTMENTS ITEM # 61153 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: HAMPTON ROADS PLANNING DISTRICT COMMISSION Unexpired thru l2/31/12 Prescott Sherrod Voting: 10-D Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 9, 2011 -49- Item V.O.S. APPOINTMENTS ITEM # 611 S4 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: HISTORICAL REVIEW BOARD Unexpired thru 10/31/12 Kimberly Rizzo Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 9, 2011 -50- Item V. 0.6. APPOINTMENTS ITEM # 6l1 SS Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED MINORITY BUSINESS COUNCIL Unexpired thru S/31/13 Sheila Johnson Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 9, 2011 -51 - Item V.O 7. APPOINTMENTS ITEM # 611 S6 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED PARKS and RECREATION COMMISSION 3 Yr. Term 9/1/11- 8/31/14 J. Michael Fentress - Bayside Margaret W. Phelps -Beach Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 9, 2011 -52- Item V.O. 8. APPOINTMENTS ITEM # 61157 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: THE PLANNING COUNCIL Unexpired thru 3/31/12 Prescott Sherrod Voting.• 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 9, 2011 -53- Item V.O.9. APPOINTMENTS ITEM # 611 SS Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: PUBLIC LIBRARY BOARD Reappointed 3 Yr. Term 9/1/11-8/31/14 Joseph W. Hood M. J. Nero Cheryl Savage Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.' None Council Members Absent: Harry E. Diezel August 9, 2011 -54- Item V.O.10. APPOINTMENTS ITEM # 61159 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: REVIEW and ALLOCATION COMMITTEE (COG) 3 Yr. Term 9/1/11- 8/3l/l4 Richard A. Alagaban Terry Jenkins Voting.• 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 9, 2011 -55- Item [~ Q. NEW BUSINESS ITEM # 61160 CANCEL OR RESCHEDULE OCTOBER 4, 2011, WORKSHOP Mayor Sessoms will write a letter to resolve. August 9, 2011 -56- Item V. Q.2 RECOGNITION ITEM # 61161 Mayor Sessoms RECOGNIZED the following Boy Scout attending as a Candidate for Eagle Scout. BOY SCOUTS Troop 12 Aaron Gilbert (Candidate for Eagle Scout) Sponsor Floyd Gilbert Mayor Sessoms also RECOGNIZED two (2) Tenth Grade International Baccalaureate (IB) students - Princess Anne High School. Robert Schofield James Taylor Mayor Sessoms presented each with a City Seal Pin August 9, 2011 -57- Item V.R. ADJOURNMENT ITEM # 61162 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:22 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor The Public Dialogue re Non Agenda Items adjourned at 7:14 P.M. August 9, 2011 -57- Item V.R. ADJOURNMENT ITEM # 61162 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:22 P.M. ~ y/~/~....~ Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor The Public Dialogue re Non Agenda Items adjourned at 7:14 P.M. August 9, 2011 -58- PUBLIC DIALOGUE HISTORIC KEMPSVILLE PLAN (CORNER) Sandra Haas Radin, 900 Eastwind Court, Phone 467-6856, the concept of development at the intersection of Witchduck and Princess Anne Road was originally proposed by the Fairfield neighborhood. The main purpose was to alleviate traffic in this very congested corner. People in Fairfield, and some of the surrounding Kempsville neighborhoods, met with the City's Planning Department for ten (10) years and believed they had some idea of the concept. Suddenly, they were bliradsided by the Plan that has 246 high density apartment units packed into that corner. The structures that were torn down were nicer than what a developer has proposed for this corner. All of the surrounding neighborhoods do not wish anymore high density at this corner. Ms. Rodin has been a resident of Kempsville for more than forty (40) years. GURNEY WAY La~•ry King, 2704 Bending Birth Trail, Phone: 468-5449, referenced a petition (not submitted) from Victoria Park Home Owners Association with regard to closing "Gurney Way" in the neighborhood. This was an access road donated in 2006 (when the developer built the neighborhood). This road would be connected to Manchester Station. Obviously Manchester Station will not be built due to Kellam High School `s new site. The Homeowners Association is requesting the City of Virginia Beach deed this 100 foot parcel back to the citizens. Gurney Way can then be restored to its natural area and not remain at the Kellam High School gate. The City Manager will review and prepare a recommendation. August 9, 2011