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OCTOBER 25, 2011 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SF.SSOMS, JR., At-Large VICE MAYOR L01IIS R. JONES, Bayside -District 4 GLENN R. DAMS, Rose Hall - Districl3 WILLIAM R. DeSTF_PH, At-Large HARRY E. D76'ZEL, Kempsvi/le -District 2 ROBERT M DYER, Centerville -District / BARBARA M HENLEY, Princess Anne -District 7 YRESCOTT SHERROD, At-Large JOHN 6'. UHRIN, Beach -District 6 ROSEMARY WILSON, At-Large JAMES L. WOOD, I,ynnhaven -District S CITY COUNCIL APPOINTEES C1TY MANAGER -JAMES K. SPORG CITY A7 % ORNEY -MARK D. STILLS CITYASSF.SSOR -JERALDD. BANAGAN C!1'YAUDITOR-LYNDONS REMIAS CITY CLERK - R Ul F/ HODGES ERASER, MMC CITY COUNCIL AGENDA 25 OCTOBER 2011 I. CITY COUNCIL BRIEFING -Conference Room- A. MINORITY BUSINESS COUNCIL ANNUAL REPORT Wanda Cooper, Chair II. CITY MANAGER'S BRIEFINGS A. CITY SUSTAINABILITY PLAN Clay Bernick, Administrator -Environment and Sustainability Office B. DEVELOPMENT AUTHORITY PROPERTY TRANSFER Steve Herbert, Deputy City Manager C. 2012 LEGISLATIVE AGENDA III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room- A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL i -o ~ ~~~~ C/TYHALL BUILD/NG 2401 COURTHOUSE DRIVE V/RGINIA BEACH, VIRG/NIA 23456-8005 PHONE: (757) 385-4303 FAX" (757) 385-5669 E- MAIL: Ctycncl@vbgoucom 3:00 PM 5:30 PM C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: George Chandler Virginia Beach Police Chaplain C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 11, 2011 G. FORMAL SESSION AGENDA I. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinance to AMEND §5-546 of the City Code re homing or racing pigeons 2. Ordinance to ACCEPT and APPROPRIATE $150,637from the Virginia Department of Behavioral Health and Developmental Services to Human Services to provide development services for infants and toddlers 3. Ordinances to TRANSFER: a. $5,907,097 to Nimmo Parkway Phase V-A to initiate construction b. $6,756,947 to Laskin Road Gateway -Phase I-A to complete construction K. PLANNING 1. Variance to §4.4(b) of the Subdivision Ordinance that lots meet the requirements of the City Zoning Ordinance (CZO) for JOHN S. WALLER FAMILY, L.P. re construction of two (2) single family dwellings at 203 69th Street. BEACH DISTRICT RECOMMENDATION APPROVAL 2. Application of HERITAGE MOTOR COMPANY, INC. for a Conditional Use Permit re auto sales and bulk storage repairs at 5137 Shore Drive. BAYSIDE DISTRICT RECOMMENDATION APPROVAL 3. Applications of AUTO PROPERTIES, LLC/KH REAL ESTATE, LLC at 326 and 330 Malibu Drive: LYNNHAVEN DISTRICT a. Conditional Change of Zoning from R-7.5 to Conditional B-2 re used car sales and service b. Conditional Use Permit re motor vehicle sales and service RECOMMENDATION DENIAL 4. Applications of OCEAN BREEZE HOLDINGS, LLC at 849 General Booth Boulevard: BEACH DISTRICT a. Change of Zoningfrom A-12 to Conditional B-2 re outdoor recreation expansion - water park b. Conditional Use Permit re commercial recreation of an outdoor nature RECOMMENDATION APPROVAL 5. Application of NEW OAK GROVE BAPTIST CHURCH for Modification of a Conditional Use Permit (approved by City Council on June 22, 2010) re portable classrooms for the Schools to provide reading and math assistance to early elementary school students at 3200 Head River Road. PRINCESS ANNE DISTRICT RECOMMENDATION APPROVAL 6. Application of PRESERVATION VIRGINIA (for CAPE HENRY LIGHTHOUSE) to allow three (3) "Roadside Guide Signs" in the public right-of--way along Atlantic Avenue and the 200 Block of 83rd Street LYNNHAVEN and BEACH DISTRICTS RECOMMENDATION APPROVAL L. APPOINTMENTS ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL PRESERVATION COMMISSION LOCAL FINANCE BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *~~***~* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CI TY CO UNCIL SESSIONS NOVEMBER 8rh MOVED TO: NOVEMBER 1St to provide citizens to exercise their right to vote on November 8, 2011, General Election CITY COUNCIL SESSION SCHEDULE Date Time Meeting November 1, 2011 TBA Briefings, Informal Session, Formal Session November 8, 2011 Election Day - No Briefings, No Workshop, No Sessions November 15, 2011 4:00 - 6:00 PM City Council Workshop November 22, 2011 TBA Briefings, Informal Session, Formal Session December 6, 2011 TBA Briefings, Informal Session, Formal Session December 13, 2011 TBA Briefings, Informal Session, Formal Session January 3, 2012 TBA Back to the usual schedule Agenda 10/25/2011 gw -1- MINUTES VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia October 25, 2011 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL BRIEFING re the MINORITY BUSINESS COUNCIL'S ANNUAL REPORT, in the City Council Conference Room, Tuesday, October 25, 2011, at 3:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin and James L. Wood Council Members Absent.• Rosemary Wilson [Out of the City) October 25, 2011 -a- CITY COUNCIL BRIEFING MINORITYBUSINESS COUNCIL ANNUAL REPORT ITEM # 61324 3:00 P.M. The MINORITYBUSINESS COUNCIL serves as an "advisory" agency to City Council and the City Manager with respect to the City's procurement policies and procedures. Wanda Cooper, Minority Business Council Chair, captioned the Vision: "To be the leading influence in connecting Contractor resources with City opportunities." Ms. Cooper introduced Amma Guerrier -Financial Counselor, and member of the Minority Business Council, who participated in the report: "Advance and facilitate an environment of business opportunities, focusing on increasing expenditures to minority, woman and service disabled veteran- owned businesses by the City of Virginia Beach as a means to further the City's economic development and vitality." SIGNIFICANT INITIATIVES.... which create opportunities ^ Bonding Waiver Resolution * Bonding has been a longtime issue with SWaM-certified firms * Offers bonding relief for non-transportation construction projects under $500,000 - Allows prequalification of prime contractors - Provides relief to a perceived barrier for SWaM-certified firms ^ Small Business Enhancement Ordinance * Those contracts that utilize subcontractors must include at least SO% of the subcontracted work to DMBE-certified firms or display Good Faith Efforts * Solicitations will be sent to all DMBE-certified SWaM firms within a 50 -ile radius * Pre-bid meetings will include an outreach listing to assist prime contractors with obtaining Minority participation from DMBE-certified SWaM firms October 25, 2011 -3- CITY COUNCIL BRIEFING MINORITY B USINESS COUNCIL ANNUAL REPORT ITEM # 61324 (Continued) The Bonding Waiver Resolution created significant opportunities. Associate City Attorney Rod Ingram has worked extensively on this concept. All appreciate their partnership with the City SIGNIFICANT INITIATIVES.... which create opportunities (Continued) ^ MBCAssociate Program • Allows interested business owners to become a part of the Council as an Associate • Afforded preferential consideration in the event a permanent appointed position becomes available on the MBC Ms. Wanda Cooper continued with the Report re Construction Issues: CONSTR UCTION ISSUES • Minority subcontracting plans are not always followed Action Taken • Contractor Performance Evaluation will now reflect if prime followed the subcontractor Plan • Small Business Enhancement Program adopted (September 27, 2011) will require certified small businesses to be SO% of subcontracting (or reason why not) to be a responsive bid PROGRESS and STAFFINITL9TIVES ^ The City has filled the vacant position of Minority Business Coordinator and hired an additional staff member to manage Title VI Civil Rights related to the Urban Construction Initiative ^ Active collaboration with the Department of Minority Business Enterprise (DMBE) office established within the City Hall building ^ Working to incorporate the City's commitment to minority participation earlier in the procurement process - Development of project specific SWaM outreach listing to assist prime contractors with identifying and partnering with Minority firms - Presentation of the Mayor's video which promotes Minority participation Upcoming 16`"Annual Expo and Conference "Connect & Grow Your Business" to take place November 3, 2011, at the Virginia Beach Conference Center October 25, 2011 -4- CITY COUNCIL BRIEFING MINORITYBUSINESS COUNCIL ANNUAL REPORT ITEM # 61324 (Continued) Carla Bailey Ferdinand Perez School Board Liaison ! Edwin Tirona Sheila Johnson Dr. Esther Monclova- John Williams Delceno Miles JOhnSOn Justo Manglicmot Patricia Phillips, Director of Finance, expressed appreciation to Tammy B. Owens -Economic Development; Lavera Tolentino and Sharon Foster -Minority Business Coordinators, Linda Bright, Member, Minority Business Council; Bill Davis -Purchasing Agent; John McConnell -Procurement Services Coordinator; and Mitch Frazier -Contracting Agent October 25, 2011 Memf~ers Clty. GOU11C11_L131S0115 Wanda Cooper -Chair Councilman Glenn Davis ! Linda Bright-vice chair Amma Guerrier -Financial Counselor Councilman Bob Dyer Byron Williams, Sr. -Secretarial Officer N O L C jL 'D N ~ C 7 U C ~ _ ~ N (~ O Z ~ 0 O \° O 0 C`') ti J O N O~~ ~ ? ~ Q ~ } Z~~ W Z 0 Paz W W ~ a \° LC) 0 ch \° \° r 0 N ('~ \° c- c'~ 0 0 0 0 o c ° o O O O O O O O O O O O O O o0 ~ O In d' ch N ~ O 3Jt~1N3~b3d ~ ~ `- ~ N e- ~ ('7 N ~ U- `-' Efl O O _O pp ~ ~ } '~ N ~ ~ ~- N EA d4 O ~ M ~ r } ~ M ~ ~ ~ O b9 O N r `- ~ nj ~ ~ LL. `'- ~ Efl ti ~ ~ ~ L}i. W ~ N } cfl J ~ U ~ ~ O 00 ~ ~ ~ O } LL op f'') ~ ~ M O M ~ ~ ~ ~ N `~ O M dj M ~ ~ N c-- ('7 O ~ .- f~ lf~ L}L ~ ~ ~ 69 O ~ N ~ ~, ~ ~ ~ ~ >, 69 ~ O 69 ~ ~ O 64 F- ~ 1 a I ~ I -5- CITY MANAGER`S BRIEFING CITY S USTAINABILITY PLAN 3:ISP.M. ITEM # 61325 The City Manager introduced Clay Bernick, Administrator -Environment and Sustainahility Office, to present information concerning the project which he is managing and coordinating very ably. The City Manager believes this will serve the City well over a long period of time. What is "Sustainability"? "Meets the needs of the present without compromising the ability of future generations to meet their own needs. " Several years ago, the American Institute of Architects performed an evaluation of Virginia Beach and presented ideas which would assist the City of Virginia Beach in being more sustainable. The Green Ribbon Committee has given many ideas concerning the improvement of water quality. Each of these items are part of the puzzle. The real challenge and the opportunity in a Sustainability Plan is to determine how all these efforts could be aligned together towards a common vision of the future. Each idea is well developed and the alignment effort is a major part of what can be accomplished through this Plan. October 25, 2011 -6- CITY MANAGER `S BRIEFING CITY SUSTAINABILITY PLAN ITEM # 61325 (Continued) The following diagram illustrates this Plan is not a new concept. Tlie bar charts at the top depicted by State the numbers of local communities that have Sustainability Plans. California leads the United States with forty-seven (47) communities. l~irginia currently has three (3): Charlottesville, Blacksburg and Chesapeake. October 25, 2011 ~, .. i ~ ~~ - 7- CITY MANAGER `S BRIEFING CITY SUSTAINABILITY PLAN ITEM # 61325 (Continued) Mr. Bernick referenced the Common Elements of each of the Plans. October 25, 2011 -8- CITY MANAGER `S BRIEFING CITY SUSTAINABILITY PLAN ITEM # 61325 (Continued) October 25, 2011 i i ~, ~ i -9- CITY MANAGER `S BRIEFING CITY SUSTAINABILITY PLAN ITEM # 61325 (Continued) w. {. ~' ~~, , ~~ t~:~ , ~' October 25, 2011 -10- CITY MANAGER `S BRIEFING CITY SUSTAINABILITY PLAN ITEM # 61325 (Continued) ~. A City is an "organism': If the City is going to redevelop within the SGA'S (Strategic Growth Areas), other factors must be considered: water quality and open space as well as the infrastructure. The method in -vhich these are tied together (green and gray) infrastructure is critical to the long term future of the Ciry. October 25, 2011 i i _ ~I I _ I -11- CITY MANAGER `S BRIEFING CITY SUSTAINABILITY PLAN ITEM # 61325 (Continued) -_~~ r.~, l \'y: ~...n._ October 25, 2011 ~. -12- CITY MANAGER `S BRIEFING CITY SUSTAINABILITYPLAN ITEM # 61325 (Continued) :, ~. ,~ .__ . , ~:a ~~.~ ,~ ~~, ~ .: 1 ? _~ ~ .~(~r 9' - 3s _ ^~ P ? r; -...__ °°-- "" .:.~ a a s ~s~. °- -~ ._ _~. ^s?' ~,~ u,.. ~ , _ ~ r esq., % ~,_ ~~" Y~ "e ~`~ ,~ ,~~,;,~~ ~'f ~g y ~ _, ., ,~. ~, ~'s '%`` ~ `" `~-----.~- ~ ~` s ~-~~ ~~ '9~ ' ,~ ~ L~ ~ ~ ~' ~v fi'r` 1 , ,~ `~' '~ ~~ `~ ~ ~" ~ -~ t €~ ~. ~ ~ ~ k ~ ~ ~ ~ Vim.. _, 'd ~ ~" } _.- f~ j 1, ~y z ~ ~.> ~ _: 'T~ f °,. L _. ~~~~ October 25, 2011 i d I ~ -13- CITY MANAGER `S BRIEFING CITY SUSTAINABILITY PLAN ITEM # 61325 (Continued) There has been much work already by the Envision 2040 Group. There are other regional efforts underway i.e. Hampton Roads Partnership. The ideas are already here and do not have to be reinvented. October 25, 2011 -14- CITY MANAGER `S BRIEFING CITY SUSTAINABILITY PLAN ITEM # 61325 (Continued) October 25, 2011 -IS- CITY MANAGER `S BRIEFING CITY SUSTAINABILITY PLAN ITEM # 61325 (Continued) ~T~ ~ - ~~ .- ~ _ -~~~~ ~ ~~~~ ~, The plan needs to be a collaborative approach between the City organizations and the communities (whether business or civic). All must work together In 2063, Virginia Beach will turn one hundred (100) years old. "In 2063, where do we want to be as a community? October 25, 2011 i_ i ~ d I .. i.. -16- CITY MANAGER `S BRIEFING CITY SUSTAINABILITY PLAN ITEM # 61325 (Continued) October 25, 2011 -1~- CITY MANAGER `S BRIEFING CITY SUSTAINABILITY PLAN ITEM # 61325 (Continued) Mr. Bernick advised the Sustainability Plan Schedule: October 25, 2011 -18- CITY MANAGER `S BRIEFING DEVELOPMENT A UTHORITY PROPERTY TRANSFER ITEM # 61326 3:30 P.M. The City Manager introduced Steve Herbert, Deputy City Manager and John Richardson, Chair - Development Authority, to discuss with City Council the possibility of transferring property to the Development Authority to represent a first step in terms of fulfilling the objective made by City Council to the Authority for additional development on 19"' Street. ^ City Council has requested the Virginia Beach Development Authority (the "Authority') to explore two (2) potential developmentprojects within the City of Virginia Beach ^ Resolutions adopted July l7, 2007 ^ Development of an entertainment venue at the former Dome Site (the "Dome Site"). ^ Evaluate proposals for a headquarters hotel adjacent to the Virginia Beach Convention Center (the "Hotel': ^ Projects have continued to be priorities for City Council Selection Process ^ The Authority issued its" Request for Letters of Interest and Qualifications" seeking a developer for the Dome Site and solicited proposals under the PPEA for a developer for the Hotel ^ The Authority interviewed potential developers for both the Dome Site as well as the Hotel and is currently negotiating terms of possible transaction for both projects ^ The Authority has entered into an interim agreement under the PPEA with the Armada Hoffler Development Company for further negotiations for the Hotel and has entered into an exclusive dealing agreement with Leisure and Recreation Concepts, Inc. for the Dome Site Properly Transfers ^ Parcel l: Approximately 5.74 acres located in the Northeastern corner of the Convention Center parking lot ^ Parcel 2: Approximately 8.08 acres and consist of ^ All the property between 18''' and 20'" Streets and Arctic and Pacific Avenues and ^ The Northwestern portion of the block between l T" and I S`'' Streets and Arctic and Pacific Avenues ^ All of the land for both developments is currently owned by the City October 25, 2011 -19- CITY MANAGER `S BRIEFING DEVELOPMENT A UTHORITY PROPERTY TRANSFER ITEM # 61326 (Continued) Location Map - ~' St * NTtF , 7e JS, 3 y ~ 41 S1S ~a ..w-S '- ~ ~. a gym. CUbiemporary Aff GEllfef Ol llit8lIlia a. ~~5~ ~}Sl µt,["'t~_ ~ _ f ~ Z Ut'' _ 'L'o`t - 4 ,~ $"~ ? t [.~S ~} Parcei 2 6.08 Ac (H-( ~ i~ n ~ 1; ,.~_ _._. _. ~ ~ *" n ~ ! Y a VIS(tot I~fOflnal P7 CenCe! A y j ~` ~ { _• 26A ~ Y'~ r`~. "` rl '~. ae ~ i f}'; yJ'x S '*~ - j V?~nia Beach C n ention Center.: }' ~ k~ ~ a r~ S ;¢RCY ~, i~ ~ ,: ~~ i ~ t'= ~rT t1 NS ~ +~ ~ ~~ ~ ~~~ ~ 1P;"~'t csS 1iPrr ~ - 3 - 'k~P7~~ ~ ` ' ~ f 1 4 ~ ~Ki t It " d~ 4 "' 4. ._ ` ~~ l r " H2C ~ ~ i 'i ~~ ~ ~~ ~ ~-~ ~ t ~ „ ~ r + ~fia ( Percell-b.74 Ac. ~elj~ .. •! ~ ,-~;.:~= - -~ - ^ - - 1 £ Police SCation '~ h ~ ' ,~+s ~~ t } ~ ~ < . e _- . ` ' ~~ ~ . - ~ _ c, " iH ~~ ~.: ~ ' - LOCATION MRP PROPOSED TRANSFER OP IAN .~- ~{~ ~,.: ; TO VIRGINIA BEACH DEVEIOPMENTAUTHORITY ~ ` CITY OP VIRGINIH BEACH ~ {~ y,e ,~ ~ sg- • d . 7 i OCTGBER 20, 2011 ~ ~ ~. ~~~ /`may ~6 ^ A , v51h H 2 , ~ µ,. ~ ~ :fit °' -`^ 6~ i, b° ~ -i ~4 ~ Q Gam, '~ ~ L.~eh1G ~ O k ,. ~ „ ~w~ ~,~ y ~•.• 'e; ~ { tAT1y SS *a R _ ~... LFND Pi~PO6EC -09E IRAk'aF_RREB TO VBW -„may ~.~ g o ++r ~1~ . .~ ~ / ~ ' f FFOP_R:Y kh-ES "" , ob °k ~M1 ~ T ~ ' w " y. . ~j 3 i SC~L_ 'I'= a0S Afl .ail., lJ,~,Vai Shy ~y ~?,. ~ G,l ~.T N~ n~~'V{ 0 200 400 870 1200 feel Authority Ownership ^ If a public private parbrership at either site were to be approved by City Council, the Authority would be the public entity contracting with a developer. As such, the properties should first be transferred from the City to the Authority ^ Any partnership requires the property to be owned by the Authority ^ Partnership will require ownership, or a long term lease, to secure private investment capital ^ Approval of the land transfer requires an affirmative vote of three fourths of all Council Members elected to Council ^ Council will have the opportunity to review and approve any public private development utilizing this property Recommendation ^ Place the property transfer on the Agenda for a vote at the November 1st Formal City Council Session October 25, 2011 -20- CITY MANAGER `S BRIEFING DEVELOPMENT AUTHORITYPROPERTY TRANSFER ITEM # 61326 (Continued) James Ricketts, Director -Convention and Visitor Development, advised the definition of a headquarters hotel is "one adjacent to or connected to the Convention Center". October 25, 2011 -22- CITY MANAGER `S BRIEFING 2012 LEGISLATIVE AGENDA ITEM # 61327 (Continued) Concern was expressed re Equalization of Lodging Taxes. Councilman Dyer believes improvement of this process should be discussed by City Council more fully, perhaps at the Retreat. These issues impact many individuals. An issue like Eminent Domain should be vented out in a discussion type format, perhaps with members of the General Assembly. Discussion should be more frequently. Mr. Matthias advised the Joint Legislative Audit and Review Commission (JLARC), at their meeting next month, will brief and provide recommendations on the whole retirement system to the General Assembly i. e. whether current employees should pay 5%. Mr. Matthias advised the Sustainable Transportation Funding item has been changed. At the suggestion of the Delegation, mention of the gas tax as the only solution has been pulled ,and replaced with at least a $1/2-MILLION a year sustainable revenue inflated through the Capital Improvement Program (CIP). Concerning illegal use of laser pointers or lights, this will generally be enforced by the Public Safety Officials; and therefore, placed within those regulations. Councilman DeSteph is a supporter of this item. Mr. Matthias advised there has been trouble with commercial airlines being "dazzled" with the lasers. Concerning Small Business Financing Authority, Councilman DeSteph will e-mail his questions concerning the item, as he had not received responses to his previous list of questions. Councilman DeSteph recommended "Taxation of the Internet Sales " be pulled from the Package. Due to his research, he cannot support this. Mr. Matthias advised one-half percent (1/2%) of the five percent (5%) sales tax is already going to transportation. Councilman DeSteph referenced the Virginia Beach Vision correspondence from Mike Barrett re elimination of the BPOL tax. Mr. Matthias advised there is a Placeholder for the BPOL tax. The Virginia Chamber of Commerce has funded a $100, 000 study to review possibilities to replace BPOL, basically an over°all of the entire tax system. The report is expected next month. October 25, 2011 -23- CITY COUNCIL COMMENTS 4:27P.M. ITEM # 61328 Councilman Dyer referenced the Town Hall Meeting at Tallwood High School, District I - Centervillle. Councilman Dyer expressed appreciation to the City Manager and his staff, as well as representatives from the City Attorney's office, Public Works and Traffic Engineering for their attendance and presentations. With brilliant presentations on Redistricting, and explanations of delays in services after the storm, IRENE, the presentations were very well received ITEM # 61329 Councilman Davis referenced the Virginia Destroyers Game, the final game of the season, Friday, October 21, 2011, throttled the Las Vegas Locomotives, 17-3 before a crowd announced as 14,172. The Destroyers captured the UFL title. Mayor Sessoms advised he has been informed of the World Championship during his visit to the Amhassador in Germany. Councilman Davis advised the turnouts for three (3) consecutive games: 12,100 attendees first game); 12,600 attendees (second game); 14,172 attendees (Championship) game Councilman Davis advised the City of Virginia Beach can support a Professional Sports franchise and the City is ready. ITEM # 61330 Council Lady Henley advised the Princess Anne District has a Forum every month on Thursday, S: 00 P.M., in Building 19. Everyone is welcome this Thursday and any future meetings. ITEM # 61331 Councilman Sherrod distributed a proposed Resolution: Resolution to RENAME the Seatack Community Recreation Center the "Joseph V. Grimstead, Sr. Seatack Community Recreation Center': Councilman Sherrod requested this Resolution be scheduled for the City Council Session of November 1, 2011. Joseph V. Grimstead, Sr. is one of the only surviving founding members of the Seatack Volunteer Fire Department. Mr. Grimstead also served as a Founding Director of Seatack Community Property, Inc., which held the deed to the land at 141 South Birdneck Road. In 1985, Mr. Grimstead, who was then the President of Seatack Community Property, Inc., signed this deed dedicating the property to the City of Virginia Beach for the construction of a facility to be named "Seatack Community Center. " October 25, 2011 -24- CITY COUNCIL COMMENTS ITEM # 61332 Counicilman DeSteph referenced telephone conversations from a gentleman who owns a couple of hotels at the Oceanfront. His dad has operated the bicycle rental at the hotel for over forty-three (43) years. Counicilman DeSteph advised there are photographs of the bicycles from forty-three years ago. Councilman DeSteph complimented this arrangement. The Photographs reflected the manners of dress and transition of the boardwalk from that time. The gentleman is under the impression that the City is going to lease bicycles at the Oceanfront, which he assumed would be in direct competition to his facility. Steve Herbert, Deputy City Manager, is reviewing this and will advise the gentleman concerning bicycle rental. ITEM # 61333 Mayor Sessoms advised a week ago he arrived in Zurich, Germany. That Sunday, he had a meeting with the Kri.ss Arms Group, which was an informative meeting. On Monday, the delegation drove to Maulburg, Germany, and met with Busch-Holding GmbH and the Busch family. Virginia Beach is "home" to Busch USA, a wholly owned subsidiary of Busch-Holding Gmbh. Then we drove to Donaueschingen, and met with IMS Gear -General Managers Wolfgang Weber, Bernd Schilling, Norbert Willimann and Clemens Rosentstiel. We then met and had dinner with the Stihl family. From there we drove to Waiblingen and met with Oberbuegermeister Andreas Hesky, Mr. Waltz (Headmaster of Schools), Ms. Wagner (Waiblingen Student Exchange Program Coordinator) and Ms. Lutz (Principal, Waiblingen School of Arts). Plans will be finalized fora student exchange through Global Studies and World Languages Academy at Tallwood High School and Waiblingen Schools. German students are to visit Virginia Beach in March 2012 and Virginia Beach students are to visit Waiblingen in June 2012. Stihl has agreed to underwrite approximately $3,400 to help with costs associated with hosting the German students. The Virginia Beach Development Authority has committed to provide $5,000 from the proceeds of the May 2012 Business Appreciation Golf Toicrnament to help with costs associated with travel of the Virginia Beach students to Germany. Global Studies Academy will enter into a Memorandum of Understanding with Waiblingen for future events/partnership opportunities. They anticipated signing the Memorandum of Understanding with Mayor He,sky on this trip. In addition Mayor Hesky would like to begin discussions on creating a similar exchange program between the Waiblingen School of Arts and the Virginia Beach Contemporary Arts Center/Museum of Contemporary Art. Then we drove to Frankfurt and the next morning Karlstein, Germany, and met with BMZ who is getting ready to open a new building off Lynnhaven Parkway re sales and distribution with the assembly of imported parts. BMZ is a major vendor to Stihl for their new line of battery powered hand tools. Mayor Sessoms and the delegation then went to the Frankfurt Airport. On Thursday, Mayor Sessoms joined Phillip D. Murphy, United States Ambassador to Germany, along with the Ambassador from Portugal, their wives and Mayor Sessoms' delegation for dinner. They then flew to Munich in the morning and met with individuals from VMW Mayor Sessoms advised the staff worked diligently and there will be some major announcements within the next few weeks. They advised there has been a lack of emphasis on education for manufacturing. This does not relate to the Stihl Plant, it does relate to someone who operates a computer (a robot). One third of the time of a student in 12`x` Grade will be expended at the plant. The other two-thirds (2/3) is through the School system. If the student is successful, a job, continuation of education for a management position is guaranteed. Germany is looking to explore similar opportunities with Virginia. October 25, 2011 -25- AGENDA REVIEW SESSION 4:40 P.M. ITEM # 61334 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTION 1. Ordinance to AMEND ~5-546 of the City Code re homing or racing pigeons 2. Ordinance to ACCEPT and APPROPRIATE $1 S0, 637from the Virginia Department of Behavioral Health and Developmental Services to Human Services to provide development services for infants and toddlers 3. Ordinances to TRANSFER: a. $S, 907, 097 to Nimmo Parkway Phase V-A to initiate construction (Item 3. b. $6, 756, 947 to Laskin Road Gateway -Phase I-A to complete construction - (This item shall be voted upon separately as speakers have registered) October 25, 2011 -26- AGENDA REVIEW SESSION ITEM # 61335 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K. 1. Variance to ,~4.4(b) of the Subdivision Ordinance that lots meet the requirements of the City Zoning Ordinance (CZO) for JOHNS. WALLER FAMILY, L.P. re construction of two (2) single family dwellings at 203 69`" Street. L YNNHA VEN DISTRICT 2. Application of HERITAGE MOTOR COMPANY, INC. for a Conditional Use Permit re auto sales and bulk storage repairs at 5137 Shore Drive. BAYSIDE DISTRICT 3. Applications ofAUTO PROPERTIES, LLC/KHREAL ESTATE, LLC at 326 and 330 Malibu Drive: LYNNHA VEN DISTRICT a. Conditional Change of Zoning from R-7.5 to Conditional B-2 re used car sales and service b. Conditional Use Permit re motor vehicle sales and service 4. Applications of OCEAN BREEZE HOLDINGS, LLC at 849 General Booth Boulevard: BEACH DISTRICT a. Change o Zoning from A-12 to Conditional B-2 re outdoor recreation expansion -water park b. Conditional Use Permit re commercial recreation of an outdoor nature 5. Application of NEW OAK GROVE BAPTIST CHURCH for Modification of a Conditional Use Permit (approved by City Council on June 22, 2010) re portable classrooms for the Schools to provide reading and math assistance to early elementary school students at 3200 Head River Road. PRINCESS ANNE DISTRICT 6. Application of PRESERVATION VIRGINL4 (for CAPE HENRYLIGHTHOUSE) to allow three (3) "Roadside Guide Signs" in the public right-of--way along Atlantic Avenue and the 200 Block of 83rd Street LYNNHA VEN and BEACH DISTRICTS (Item 3 Applications ofAUTO PROPERTIES, LLC/KHREAL ESTATE, LLC at 326 and 330 Malibu Drive: LYNNHAVENDISTRICT a. Conditional Change of Zoning from R-7. S to Conditional B-2 re used car sales and service b. Conditional Use Permit re motor vehicle sales and service all be DEFERRED INDEFINITELY, BY CONSENT) October 25, 2011 -27- ITEM # 61336 Mayor Sessoms entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2- 3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property.• Princess Anne District LEGAL MATTERS: Consultation with legal counsel or briefings by staff members or consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). Gottlieb -Zoning Enforcement Convention Center Hotel Proposal Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4:43 P.M. October 25, 2011 -28- ITEM # 61336 (Continued) Voting: 10-0 Cozrncil Members Present: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson (Out of City) (Closed Session: (Break: (4:43 P.M. - 5:38 P.M.) (4:45 P.M. - 4:58 P.M) October 25, 2011 -29- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 25, 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, October 25, 2011, at 6:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson Out of the City) INVOCATION.• George Chandler Virginia Beach Police Chaplain PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is his practice to thoroughly review each City Council agenda to ident~ any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. October 25, 2011 -30- 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 ident~ing 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. October 25, 2011 -31- Item - V-E.1 CERTIFICATION ITEM # 61337 Upon motion by Councilman Dyer, seconded by Councilman Diezel, 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: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin and James L. Wood Cozrncil Members Voting Nay: None Council Members Absent.• Rosemary Wilson (Out of City) October 25, 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 #61336, Page 27, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 ofthe Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ,.aoc.~.uJ Ruth Hodges Fraser, MMC City Clerk October 25, 2011 -32- Item - V-F.1 MINUTES ITEM # 61338 Upon motion by Councilman Dyer, seconded by Councilman Sherrod, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 11, 2011. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson (Out of City) October 25, 2011 -33- Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 61339 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION October 25, 2011 -34- Item V J/K. ORDINANCES/RESOLUTIONS ITEM # 61340 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, Items 1, 2 and 3a, of the CONSENT AGENDA. Item 3b was voted upon separately Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson (Out of City) October 25, 2011 -35- Item V. J.1. ORDINANCES/RESOLUTIONS ITEM # 61341 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AMEND ~¢5-546 of the City Code re homing or racing pigeons Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson (Out of City) October 25, 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 AN ORDINANCE TO AMEND SECTION 5-546 OF THE CITY CODE PERTAINING TO HOMING OR RACING PIGEONS SECTION AMENDED: § 5-546 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 5-546 of the City Code is hereby amended and reordained to read as follows: Chapter 5 -ANIMALS AND FOWL ARTICLE V. -ANIMAL WELFARE DIVISION 3. -PROHIBITED ACTS Sec. 5-546. -Homing or racing pigeons. Notwithstanding the provisions of sections 5-545, ~ any member of a recognized national pigeon association, a~e~T~~~t#~e-U;~t~~' c~~-im mes-of~erg~;^" + m~-house or keep in any district, and allow to fly for exercise within the corporate limits, homing or racing pigeons w~ a~ which are banded with numbered leg bands showing the same to be registered with such associations, provided, such pigeons are not kept so as to constitute a nuisance or create a hazard to public health. Adopted by the City Council of the City of Virginia Beach, Virginia, this 25t" day of October, 2011. -36- Item T!J.2. ORDINANCES/RESOLUTIONS ITEM # 61342 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to ACCEPT and APPROPRIATE $150, 637 from the Virginia Department of Behavioral Health and Developmental Services to Human Services to provide development services for infants and toddlers Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin and James L. Wood Council Members Voting Nay.• None Council Members Absent: Rosemary Wilson (Out of City) October 25, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO ACCEPT AND APPROPRIATE FEDERAL FUNDS TO THE FY 2011-12 OPERATING BUDGET OF THE DEPARTMENT OF HUMAN SERVICES TO PROVIDE ADDITIONAL DEVELOPMENT SERVICES FOR INFANTS AND TODDLERS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $150,637 is hereby accepted from the Virginia Department of Behavioral Health and Developmental Services and appropriated, with federal revenues increased accordingly, to the FY 2011-12 Operating Budget of the Department of Human Services to provide development services for infants and toddlers. Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day of October , 2011. Requires an affirmative vote by a majority of all of the elected members of City Council. Approved as to Content: ~~ ~ l anagement Services Approved as to Legal Sufficiency: 1 i y tto e ' O ice ~, CA12054 R-1 October 10, 2011 -37- Item V.J.3.a. ORDINANCES/RESOLUTIONS ITEM # 61343 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to TRANSFER: $5, 907, 097 to Nimmo Parkway Phase V-A to initiate construction Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson (Out of City) October 25, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO TRANSFER FUNDING FROM CAPITAL PROJECT #2-409, "CENTERVILLE TURNPIKE INTERIM IMPROVEMENTS" TO CAPITAL PROJECT # 2- 121, "NIMMO PARKWAY PHASE V-A" TO INITIATE CONSTRUCTION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $5,907,097 is hereby transferred from Capital Project #2-409, "Centerville Turnpike Interim Improvements" to Capital Project #2-121, "Nimmo Parkway Phase V-A" to initiate construction. 2. That the City Manager is hereby authorized to undertake all necessary actions to initiate construction and move this project toward completion. Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day of Octc~her, 2011. Approved as to Content: ~~ ~ ~ Management Services Approved as to Legal Sufficiency: .-- .. /' Att s ice CA12056 R-2 October 13, 2011 N W E oQ- o~o~y ~O~O S G Oti e'~'~O ~Q`GO r C~~O O~y ~P~pFz ~ _Q R~S~ P~ W W 2 _a W1N~Y PINES BD eG Y,Q tic ~ EXIST. NIMMO PKWY. yo << ~~P PROP. N~MM~ PKWY..,. ~ ~ ooP ~- qy~ 24 Q ~~~ ~0 ~ t ~o Q 0 0 A~~~ ~ m Q cuss ~y2 y 0 qti~~ a Q~ ~~ ~~~ c~~ ?~ ~'Ty o~, sFo R `o o~~ ~'~ ~ ~ ~ ~s~, 2~0 'f' It Prepared by P.W./Eng./Eng SCALE: 1" = 1800' ces Bureau 2/22/07 ~~' ~~ o° Q p ~~ ~~ ~ CIP - 2-121 NIMMO PKWY. PHASE V-A X:\ProjectsWRC FilesWgenda Maps\Nimmo Pkwy Phase V-A -38- Item V.J.3.b. ORDINANCES/RESOLUTIONS ITEM # 61344 The following registered to speak in OPPOSITION: Naomi Moore, 3449 Sale Drive, Phone: 523-6698, President-Elect Elizabeth River Shores, advised their neighborhood was troubled with floods. Walls have had to be torn out because of black mold and raw sewerage. Douglas Murdock, 1011 Totten Lane, Phone: 496-3502, did not answer call Mas°tin Waranch, 111 66`x' Street, Phone: 491-3243, fcscally conservative individual who pays his bills and does not have debt. He lives within his means. There is only a single lane of traffic coming down Laskin at this point. This improvement is not going to result in any additional Resort area. James Frost, 2240 Windom Place, Phone; 343-6768, said this is another project well underway and over budget. Although, we no longer have the Commonwealth Attorney Consumer Protection representatives, there is a new Gazebo at Kempsville and Princess Anne Road, which cost $220, 000. Home Depot could provide thirty-two (32), 12 foot Gazebos for the same amount of money and that price would include shipping. The City Manager shall provide a briefing re this area. Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council ADOPTED: Ordinance to TRANSFER: $6, 756, 947 to Laskin Road Gateway - Phase I-A to complete construction Voting.• 8-2 Council Members Voting Aye: Glenn R. Davis, Harry E Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin and James L. Wood Council Members Voting Nay: William R. "Bill " DeSteph and Robert M. Dyer Council Members Absent: Rosemary Wilson (Out of City) October 25, 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 AN ORDINANCE TO TRANSFER FUNDING FROM VARIOUS ROADWAY PROJECTS TO CAPITAL PROJECT # 2-143, "LASKIN ROAD GATEWAY -PHASE I-A" TO COMPLETE CONSTRUCTION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $6,756,947 is hereby transferred to Capital Improvement Project # 2-143 "Laskin Road Gateway -Phase I-A" from the following projects in the enumerated amounts: • $2,137,757 from CIP #2-018, "Major Intersection Improvements" • $9,892 from CIP #2-065, "Elbow Road Extended -Phase II-A" • $2,300,000 from CIP #2-072, "First Colonial Road/Virginia Beach Boulevard Intersection Improvements" • $54,068 from CIP #2-076, "Laskin Road Gateway" • $10,956 from CIP #2-089, "Southeastern Parkway and Greenbelt (Partial)" • $1,500,000 from CIP #2-149, "Birdneck Road -Phase II" • $200,000 from CIP #2-208, "Constitution Drive Extended" • $6,246 from CIP #2-211, "Traffic Calming" • $286,766 from CIP #2-268, "Wetlands Mitigation Banking" • $251,262 from CIP #2-837, "Various Cost Participation Projects" Adopted by the Council of the City of Virginia Beach, Virginia on the ~5t}~day of 2011. Approved as to Content: / / ~ ~ ~' ~ I ~~. ~ ,'~ Management Services Approved as to Legal Sufficiency: r. - f _. J,~_ _Gityr orn ffice CA12055 R-2 October 13, 2011 N c0 L a v m m L a T (6 3 a~ ~u U g N U N O a` x a~ m °~ .Z a~ r 0 n. o. a~ C _W a~ C W a >. a~ `m n. a> a -39- Item V.K. PLANNING 1. JOHNS. WALLER FAMILY, L.P. 2. HERITAGE MOTOR COMPANY, INC. ITEM # 61345 3. AUTO PROPERTIES, LLC/KH REAL ESTATE, LLC 4. OCEAN BREEZE HOLDINGS, LLC S. NEW OAK GROVE BAPTIST CHURCH 6. PRESERVATION VIRGINIA for CAPE HENRY LIGHTHOUSE SUBDIVISION VARIANCE CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT MODIFICATION OF CONDITIONAL USE PERMIT (approved by City Council On June 22, 2010) reportable classrooms To allow three (3) "Roadside Guide Signs" in the public right-of-way October 25, 2011 -40- Item i!K. PLANNING ITEM # 61346 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, Items 1, 2, 3a/b (DEFERRED), 4, S and 6 of the of the PLANNING BY CONSENT AGENDA Item 3a/b was DEFERRED INDEFINITELY, BY CONSENT Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson (Out of City) October 25, 2011 -41- Item V.K.l. PLANNING ITEM # 61347 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT Variance to ~4.4(b) of the Subdivision Ordinance that lots meet the requirements of the City Zoning Ordinance (CZO) for JOHN S. WALLER FAMILY, L.P. re construction of two (2) single family dwellings at 203 69`x" Street.(GP/N 2419647983) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Variance to ~4.4(b) of the Subdivision Ordinance that lots meet the requirements of the City Zoning Ordinance (CZO) for JOHN S. WALLER FAMILY, L.P. re construction of two (2) single family dwellings at 203 69`'" Street. (GPIN 2419647983) DISTRICT S - LYNNHAVEN The following conditions shall be required: The site shall be developed substantially in accordance with the submitted Subdivision Plan entitled "Preliminary Subdivision of Lot 6A, Block 10, Section E, Cape Henry, Virginia Beach, Virginia, "dated June 1, 2011, and prepared by Gallup Surveyors and Engineers, Ltd. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The dwellings shall be constructed substantially in acco~°dance with the submitted renderings entitled "Waller Cottages, "dated July 12, 2011. Said renderings have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Porous materials for driveways, walkways and other similar surfaces shall be utilized where feasible. 4. A note must be placed on the final Subdivision Plat stating that this subdivision is approved only for single family dwellings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-fifth day of October, Two Thousand Eleven Voting.• 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin and James L. Wood Council Members Voting Nay. None Council Members Absent: Rosemary Wilson (Out of City) October 25, 2011 -42- Item V.K.2 PLANNING ITEM # 61348 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, Ordinance upon application of HERITAGE MOTOR COMPANY, INC. for a Conditional Use Permit re auto sales and bulk storage repairs at 5137 Shore Drive. (GPIN 1479076706). DISTRICT 4 -BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HERITAGE MOTOR COMPANY, INC. for a Conditional Use Permit re auto sales and bulk storage repairs at 5137 Shore Drive. (GPIN 1479076706). DISTRICT 4 -BAYSIDE RO 101137446 The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted Site Plan entitled "Heritage Motors Site Improvement Layout Plan for Heritage Motor Company, Inc, Virginia Beach, Virginia, "dated July 19, 2011, and prepared by Langley & McDonald, Inc. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. All employee and customer vehicle parking shall be 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. No outside repairs are permitted. All repairs shall be performed within the building. 4. Detailing of vehicles, cars and light trucks only is limited to the confines of the existing aluminum carport. 5. 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. Signage on the site shall match the applicants adjoining Heritage Motor Company sign. The freestanding sign located in the Southeastern portion of the site, adjacent to Independence Boulevard, shall be removed. 7. No outdoor speakers or public address system shall be permitted. 8. Cosmetic repairs, such as the replacement of damaged guttering, etc., must be provided. The applicant shall contact staff to schedule an inspection of the building to determine what repairs are warranted prior to the submittal of the Site Plan for review. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-fifth day of October, Two Thousand Eleven October 25, 2011 -43- Item V.K.2 PLANNING ITEM # 61348 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson (Out of City) October 25, 2011 -44- Item Y.K.3 PLANNING ITEM # 61348 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinances upon application ofAUTOPROPERTlES, LLC/KHREAL ESTATE, LLC at 326 and 330 Malibu Drive: DISTRICT S - LYNNHAVEN.• a. Conditional Change of Zoning from R-7.5 to Conditional B-2 re used car sales and service b. Conditional Use Permit re motor vehicle sales and service Ordinances upon application of AUTO PROPERTIES, LLC/KH REAL ESTATE, LLC at 326 and 330 Malibu Drive re a Conditional Change of Zoning, R-7.5 Residential to Conditional B-2 Community Business, Comprehensive Plan -Suburban Area. Use: used car sales, and Conditional Use Permit, motor vehicle sales and service, 326 and 330 Malibu Drive (GPIN 1487655285; 1487655198). DISTRICT 5 - LYNNHAVEN Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin and James L. Wood Council Members Voting Nay. None Coicncil Members Absent: Rosemary Wilson (Out of City) October 25, 2011 -45- ItenZ V.K.4. PLANNING ITEM # 61349 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, AS PROFFERED/CONDITIONED, BY CONSENT, Ordinances upon applications of OCEAN BREEZE HOLDINGS, LLC at 849 General Booth Boulevard (GPIN 2416761195): DISTRICT 6 -BEACH DISTRICT BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Change of Zoning District Classification, A-12 Apartment District to Conditional B-2 Community Business District, Comprehensive Plan - Suburban Area, Use: outdoor recreation expansion DISTRICT 6 -BEACH The following condition shall be required: 1 .An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Conditional Use Permit, commercial recreation of an outdoor nature, (ice skating) 849 General Booth Boulevard (GPIN 2416761195). DISTRICT 6 -BEACH 80101137447 The following conditions shall be required 1. Before any land disturbance occurs on the site, the applicant shall submit a Landscape Plan to the Current Planning Division of the Planning Department for review and approval. The Plan shall depict the existing natural characteristics of the site. Healthy plant material in proximity to Owls Creek shall be preserved and integrated into an effective landscape design. Clearing in this area shall be confined to the absolute minimum to accommodate the proposed facility. 2. All lighting should be low-level illumination and directed toward the interior of the Park. 3. The hours of operation are restricted from 10: 00 AM to 10:00 PM, except Memorial Day through Labor Day and on holidays and weekends. Closing shall be at Midnight. 4. There will be no public address system other than for background music and emergency announcements, no recreational use of Owls Creek associated with this Park and no outdoor concerts. S. No rock concerts or loud music performances will be permitted. 6. The cabanas shall not be available for overnight use. October 25, 2011 -46- Item V.K.4. PLANNING ITEM # 61349 (Continued) These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-fifth day of October, Two Thousand Eleven Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson (Out of City) October 25, 2011 ~,1"~,~N1A: B~,gc~'1 r a!`____ 'i i Li 1~~ sC ~'~ f'~ ,: ~ ~ ~O ~ ~~i'i ~~ ~~ ~` ~. ' ~+ U ~ v "' ,ra ~ ' ~ ~a'' ? ~rS D ~~.L [ty~~ DNS 0 ~. DUR Npt\ In Reply Refer To Our File No. DF8140 TO: Mark D. Stiles FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: October 13, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Ocean :Breeze Holdings, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 25, 2011. I have reviewed the subject proffer agreement, dated June 1, 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. B KW/ks Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT is made as of this ~ 5 day of ~~~. , 201 ~ , by and between OCEAN BREEZE HOLDINGS, LLC, a Delaware limited liability company ("Grantor", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the current owner of that parcel located in the City of Virginia Beach, Virginia identified as GPIN No. 2416-76-1195-0000 (porkion) (the "Property"), which is more particularly described on the attached Exhibit A; and WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from A-12 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the 418004vi GPIN NOs.: 2416-67-1195-0000 (portion) Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zorvng, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns,` grantees and other successors in interest or title, namely: 1. The uses on the Property shall be limited to a theme amusement or recreational water park. 2. The Property, when developed, shall be developed in substantial conformance with the conceptual site plan entitled "Ocean Breeze Waterpark Expansion," dated May 12, 2011, and prepared by Aquatic Development Group, Inc. (the "Site Plan"), which Site Plan has been exhibited to the City Council and is file with the City Planning Department. 3. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such 418004v1 2 conditions, and (ii) :the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions maybe made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signatures Page to Follow.] 418004v1 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: OCEAN BREEZE HOLDINGS, LLC, a Delaware 1' ' ed liability co y By: r ~, Name: f `~ ~ ~ .~ COMMONWEALTH/STATE OF `~ - r q~~n lo` CITY/COUNTY OF `/; ~Q~~ n~ c,~, ~s' L,_, , to-wit: _ The foregoing instrument was acknowledged before me this ~ S~-' day of _ ) ~,~,,~ , 201 (, by ~ ~~ cL~ t e,~- ,who is personally known to me or has roduced inn, ~~ as identification in his capacity as y'~ ~eGi dQ ~. r(.~,~( I~(a~•~f Ocean Breeze Holdings, LLC, on behalf of the company. Not ublic My Commission Expires: ~ ?~ l ~ Registration No. ~~~~~-{- [NOTARIAL SEAL/STAMP] ,,,~yu r r u rr~~~~~i .~ HEATHER ~. n . `~'~ RFC AGE .~m ~ : CAM 338j4 0 .' ~ ; ~p j~SSSIpN .,~~F9`rH~ ~' y`~~~,. r 418004v1 [~ Exhibit A Legal Description ALL THAT certain lot, parcel, or piece of land located in the City of Virginia Beach, Virginia and more particularly described as follows: Commencing at a point along the common lot lines of Parcel 2, GPIN:2416-66-2328, and Parcel 1, GPIN:2416-76-1195, .said point being a pin found; thence S74°31'36"E a distance of 14.85'; thence along a curve to the right, having a radius of 502.72', an arc length of 158.79', a chord bearing of S63°56'42"W, a chord distance of 158.13' and a delta angle of 18°05'52", to a point; thence S57°53'02"W a distance of 15.69' to a point; thence S46°47'39"W a distance of 70.45' to a point; thence S42°28'49"W a distance of 46.71' to a point; thence S41°04'50"W a distance of 68.84' to a point; thence S42°58'02"W a distance of 133.64' to a point; thence S36°58'23"W a distance of 106.09' to a point; thence S16°36'49"W a distance of 25.89' to a point; thence S03°21'50"W a distance of 71.66' to a pin found; thence N86°23'05"W a distance of 57.22' to a pin found; thence N10°48'01"W a distance of 364.40' to a pin found; thence S80°11'02"E a distance of 205.09' to a pin found; thence N23°57'06"E a distance of 184.41' to the point of beginning. Said parcel contains 79,436 square feet or 1.824 acres. IT BEING a portion of the property conveyed to Ocean Breeze Holdings, LLC by deed dated January 13, 2011 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as instrument number 20110113000054930. 418004v1 418004v1 5 - 47- Item V.K.S. PLANNING ITEM # 61350 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Ordinance upon application of NEW OAK GROVE BAPTIST CHURCH for Modification of a Conditional Use Permit (approved by City Council on June 22, 2010) re portable classrooms for the Schools to provide reading and math assistance to early elementary school students at 3200 Head River Road. (GPIN 1389750502) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NEW OAK GROVE BAPTIST CHURCH for Modification of a Conditional Use Permit (approved by City Council on June 22, 2010) re portable classrooms for the Schools to provide reading and math assistance to early elementary school students at 3200 Head River Road. (GPIN 1389750502) DISTRICT 7 -PRINCESS ANNE 1. All conditions attached to the Conditional Use Permit granted by the City Council on June 22, 2010 are modified as below. 2. Condition Number 1 of the June 22, 2010, Conditional Use Permit is deleted and replaced with the following: When the building addition and additional parking spaces are constructed, the site shall be developed substantially in accordance with the submitted conceptual site layout entitled "New Oak Grove Missionary Baptist Church "prepared by MSA and Barnes Design Group, P. C. dated July 8, 2011. Said Plan has been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. Condition Number 2 of the June 22, 2010, Conditional Use Permit is deleted and replaced with the following: When the building addition is constructed, the addition shall be developed substantially in accordance with the submitted building elevation entitled "New Oak Grove Baptist Church" prepared by Barnes Design Group, P. C. dated November 1, 2009. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. The portable classroom shall be as represented in the photograph entitled, "New Oak Grove Baptist Church Portable Classroom "and shall be limited to a five (S) year time frame. After such time, the portable classroom must be removed from the property. 4. Condition Number 3 of the June 22, 2010, Conditional Use Permit is deleted and replaced with the following: During final site plan review of the building addition, but not for the addition of a portable classroom on the site, the applicant shall submit a Photometric Plan for review and approval by the Virginia Beach Planning Department. All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare toward adjacent uses and City streets. Lighting should be directed down at the ground and not horizontally or up in the air. 5. Condition Number 4 of the June 22, 201 D, Conditional Use Permit is deleted and replaced with the following: The existing entrance has a barrier arm gate which is to be locked in the up/open position during church services and functions, educational sessions and all other related activities and for a reasonable duration before and after in order to allow unimpeded ingress and egress to the site. October 25, 2011 -48- Item V.K.S. PLANNING ITEM # 61350 (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 Twenty-fifth day of October, Two Thousand Eleven Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent.• Rosemary Wilson (Out of City) October 25, 2011 -49- Item V.K.6. PLANNING ITEM # 61351 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Resolution upon application of PRESERVATION VIRGINL4 (for CAPE HENRYLIGHTHOIISE) to allow three (3) "Roadside Guide Signs" in the public right-of--way along Atlantic Avenue and the 200 Block of 83"`~ Street. LYNNHAVEN and BEACH DISTRICTS. 1. Three (3) Roadside Guide Signs are approved as follows: a. One (1) sign within the 83"`~ Street (Shore Drive) right-of--way on the South side of the road between First Landing State Park and the intersection with Atlantic Avenue directing drivers to turn left (the exact location shall be determined after consultation with the Traffic Engineer per Condition 2). This sign shall have one (1) face and be visible to Eastbound traffic on 83"d Street (Shore Drive). b. One (1) sign in the right-of way on the East side of Atlantic Avenue, South of the intersection of Atlantic Avenue and 83"d Street, and located between the intersection and 82"d Street (the exact location shall be determined after consultation with the Traffic Engineer per Condition 2). This sign shall have one (1) face and be visible to Northbound traffic on Atlantic Avenue. c. One (1) sign in the right-of--way on the East side of Atlantic Avenue, North of its intersection with Pacific Avenue (the exact location shall be determined after consultation with the Traffic Engineer per Condition 2). This sign shall have one (1) face and be visible to Northbound traffic on Atlantic Avenue. The general location of these signs is shown as red circles on the maps labeled, "Roadside Guide Sign Locations, Cape Henry Lighthouse, for Preservation Virginia. " 2. Prior to installation of any Roadside Guide Sign, the applicant shall meet with the Traffic Engineer, or his designee, to determine exact locations and to avoid conflicts with any existing signs. 3. The Roadside Guide Signs for the Cape Henry Lighthouse shall consist of a logo substantially as shown on the attached sign elevation submitted by the applicant. The ftnal design of the signs shall be determined after meeting with the Traffic Engineer, or his designee, and the Director of Planning, or his designee, to ensure that the logo, directional arrow, and the words "Cape Henry Lighthouse " appropriately fit together on a five (S) square foot sign face. The colors of the signs shall be white letters, logo and arrow on a brown background. 4. Prior to erecting any sign, Preservation Virginia shall provide Public Works, Real Estate, with a copy of a liability insurance policy naming the City as co-insured on the policy for the signs. S. Sign and sign post materials shall meet specifications in the Public Works Standards for use in the public right-of--way. Contact must be made with the Traffic Engineer with any questions regarding the requirements. 6. The signs shall be installed with a maximum height of nine and one-half-feet (9-1/2) above ground level and shall have a minimum clearance of seven feet (7 ). October 25, 2011 -50- Item V.K.6. PLANNING ITEM # 61351 (Continued) 7. Preservation Virginia shall maintain the signs in good condition at all times. Any sign not in good condition shall be subject to removal and disposal by the Department of Public Works. 8. The Department of Public Works may relocate any sign if necessary to accommodate public signage requirements. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent.• Rosemary Wilson (Out of City) October 25, 2011 1 A RESOLUTION AUTHORIZING ROADSIDE GUIDE 2 SIGNS FOR THE CAPE HENRY LIGHTHOUSE 3 (PRESERVATION VIRGINIA), LOCATED AT 583 4 ATLANTIC AVENUE (JOINT EXPEDITIONARY BASE 5 LITTLE CREEK -FORT STORY) 6 7 WHEREAS, the Cape Henry Lighthouse (Preservation Virginia), (hereinafter the 8 "Applicant), located at 583 Atlantic Avenue (Joint Expeditionary Base Little Creek -Fort 9 Story (Beach and Lynnhaven Districts), is an establishment operated exclusively for 10 cultural and artistic purposes on snot-for-profit basis; and 11 12 WHEREAS, the Applicant has requested that it be allowed to erect three (3) 13 roadside guide signs in the public rights-of-way along Atlantic Avenue and Shore Drive 14 in order to provide directions to the Cape Henry Lighthouse for the benefit of motorists 15 unfamiliar with its location; and 16 17 WHEREAS, the City Council finds that three (3) roadside guide signs are 18 sufficient to provide motorists with adequate guidance to the Cape Henry Lighthouse; 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the placement of three (3) roadside guide signs by the Applicant is hereby Z4 authorized, upon the following conditions: 25 26 1. Three (3) roadside guide signs are approved as follows: 27 28 a. One (1) sign within the 83rd Street (Shore Drive) right-of-way on the South 29 side of the road between First Landing State Park and the intersection 30 with Atlantic Avenue directing drivers to turn left (the exact location shall 31 be determined after consultation with the Traffic Engineer per Condition 32 2). This sign shall have one (1) face and be visible to Eastbound traffic on 33 83rd Street (Shore Drive). 34 35 b. One (1) sign in the right-of way on the East side of Atlantic Avenue, South 36 of the intersection of Atlantic Avenue and 83rd Street, and located between 37 the intersection and 82"d Street (the exact location shall be determined 38 after consultation with the Traffic Engineer per Condition 2). This sign shall 39 have one (1) face and be visible to Northbound traffic on Atlantic Avenue. 40 41 c. One (1) sign in the right-of-way on the East side of Atlantic Avenue, North 42 of its intersection with Pacific Avenue (the exact location shall be 43 determined after consultation with the Traffic Engineer per Condition 2}. 44 This sign shall have one (1) face and be visible to Northbound traffic on 45 Atlantic Avenue. ~6 The general location of these signs is shown as red circles on the maps labeled, "Roadside Guide Sign Locations, Cape Henry Lighthouse, for Preservation Virginia." 2. Prior to installation of any Roadside Guide Sign, the applicant shall meet with the Traffic Engineer, or his designee, to determine exact locations and to avoid conflicts with any existing signs. 3. The Roadside Guide Signs for the Cape Henry Lighthouse shall consist of a logo substantially as shown on the attached sign elevation submitted by the applicant. The final design of the signs shall be determined after meeting with the Traffic Engineer, or his designee, and the Director of Planning, or his designee, to ensure that the logo, directional arrow, and the words "Cape Henry Lighthouse" appropriately fit together on a five (5) square foot sign face. The colors of the signs shall be white letters, logo, and arrow on a brown background. 4. Prior to erecting any sign, Preservation Virginia shall provide Public Works, Real Estate, with a copy of a liability insurance policy naming the City as co- insured on the policy for the signs. 5. Sign and sign post materials shall meet specifications in the Public Works Standards for use in the public right-of-way. Contact must be made with the Traffic Engineer with any questions regarding the requirements. 6. The signs shall be installed with a maximum height of nine and one-half-feet (9-1/2') above ground level and shall have a minimum clearance of seven feet (7'). 7. Preservation Virginia shall maintain the signs in good condition at all times. Any sign not in good condition shall be subject to removal and disposal by the Department of Public Works. 8. The Department of Public Works may relocate any sign if necessary to accommodate public signage requirements. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~5tr, day of October , 2011. APPROVED S T CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ ,~ :.-. F ~'~ ~ ~yq ~ ~- _ ~ Sp ~ Y ~~5 / Planning tepartment 4a~~ City Attorney's Office CA12058/R-~/October 14, 2011 2 - Sl - Item V.M.1 APPOINTMENTS ITEM # 61352 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ENERGYADVISORY COMMITTEE HEALTH SERVICES ADVISORYBOARD HISTORICAL PRESERVATION COMMISSION October 25, 2011 -52- Item V.M.2 APPOINTMENTS ITEM # 61353 Upon NOMINATION by Vice Major Jones, City Council APPOINTED: S year term -10/25/2011- 02/28/2016 Admiral Craig Quigley Unexpired term thru 02/28/2013 General Fran Wilson MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE Voting: 10-0 Coamcil Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson (Out of City) October 25, 2011 -53- Item V.M.3. APPOINTMENTS ITEM # 61354 Upon NOMINATION by Vice Major Jones, City Council APPOINTED: Unexpired term thru 05/31/2014 Nicholas F. Anoia - At Large OPEN SPACE AD VISOR Y COMMITTEE Voting: 1 D-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson (Out of City) October 25, 2011 -54- Item V.M.4. APPOINTMENTS ITEM # 61355 Upon NOMINATION by Vice Major Jones, City Council APPOINTED: 3 year term - 09/01/2011- 08/31/2014 Nicholas S. Michaels PARKS AND RECREATION COMMISSION Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson (Out of City) October 25, 2011 -55- Item V.N. ADJOURNMENT ITEM # 61356 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:32 P.M. --- --- ~---~~OJ~L,~ v~ Beverly D. Hooks, CMC Chief Deputy City Clerk Rutla Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor October 25, 2011 -55- Item [~ N. ADJOURNMENT ITEM # 61356 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:32 P.M. ------~ ----------------- Beverly O. Hooks, CMC Chief Deputy City Clerk --~---- ---~~~~ G~'~-~~~---------------- - uth Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia October 25, 2011