NOVEMBER 27, 2012 MINUTESCITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
M.4YOR W/LL/AMD. SESSOMS, JR., At-Lnrge
VICE MAYOR LOU/S R. JONES, Bayside - District 4
GLENN R. DAVIS, Rose Hn[[ - District 3
W/LLIAM R. DeSTEPH, At-Lnrge
HARRY E. D/EZEL, Kenepsville - Dish-ict 2
ROBERT M. DYER, Cetiteiville - Dish•ict 1
BARBARA M. HENI,EY, A-incess Anne - Dish-ict 7
JOHN D.MOSS, At-Large
JOHN E. UHRIN, Bencli - District 6
ROSEMARY WILSON, At-La-ge
JAMES L. WOOD, l.viuahaven -Distr•ic! S
CITY COUNCIL APPOINTEES
CITY MANAGER - JAMES K. SPORB
C/TYATTORNEY-MARKD. ST/LES
ClTY ASSESSOR -- JERALD D. BANACAN
GTYAUD/TOR- LYNDONS. REMIAS
CITY CLERK - RUTH HODGES FRASER, MMC
CITY COUNCIL AGENDA
27 NOVEMBER 2012
CITYHALL BUILDlNG
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MATL: Crycnc[@vbgov.com
L CITY COUNCIL BRIEFING - Conference Room - 3:OOPM
A. MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (MEDAC)
ANNUAL REPORT
Rear Admiral Richard Dunleavy, Chair
IL CITY MANAGER'S BRIEFINGS
A. ELECTRONIC TOWN HALL
Catheryn Whitesell, Director - Management Services
Kevin Fairley, Information Services Administrator - Communications and
Information Technology
B. POTENTIAL NEW BUSINESS OPPORTUNITIES RELATED TO THE ARENA
A1 Hutchinson, Vice President - Convention Sales and Marketing,
Convention and Visitors Bureau
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER - Mayar William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
5:00 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: Father James E. Parke
Church of the Holy Apostles
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
November 13, 2012
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. PUBLIC HEARING
1. Exchange of Excess Property
West Neck Road
1. PUBLIC COMMENT
l. YMCA at Princess Anne Commons
J. ORDINANCES/RESOLUTIONS
1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Modification to the Term Sheet
between the City of Virginia Beach and the YMCA of South Hampton Roads
2. Ordinance to AUTHORIZE the use of all reasonable efforts to SUPPORT the financing and
development of the Tide Light Rail into Virginia Beach
3. Resolution to SUPPORT the City's application for the FY 2013-14 Virginia Department of
Transportation (VDOT) Revenue Sharing Program for Centerville Turnpike - Phase 11
4. Resolution to REFER to the Planning Commission an Ordinance to AMEND Sections of the
City Zoning Ordinance (CZO), Zoning District Boundaries and Zoning District Classifications
of property
5. Ordinances to ACCEPT and APPROPRIATE:
a. $1,600,000 from the U.S. Federal Emergency Management Administration (FEMA) to
the Operating Budget of the Fire Department re deployment of the Virginia Task Force 2
for Hurricane Sandy
b. $935,000 from the Tourism Advertising Program Special Revenue Fund to the Operating
Budget of the Convention and Visitors Bureau re advertising and marketing
$294,192 from the State Compensation Board to the Clerk of the Circuit Court's
Technology Trust Fund for technology related expenses
d. $19,600 from the Virginia Department of Environmental Quality (DEQ) to Public Works
and Parks and Recreation to encourage recycling and litter abatement
e. $12,962 from the U.S. Department of Justice to the Operating Budgets of the Police and
the Sheriff re bullet proof vests
f. $12,024 from the Sheriff's Special Revenue Fund to the Operating Budget of the
Sheriff s Office re a contribution to the Supplemental Retirement Plan
6. Ordinance to TRANSFER $162,315 within the School's FY 2012-13 Operating Budget:
a. $148,873 from Instruction to Technology 106
b. $ 5,094 from Administration to Operations and Maintenance
c. $ 8,348 from Instruction to Operations and Maintenance
K. PLANNING
1. Application of MOUNT OLYMPUS FITNESS, LLC/GREAT NECK SQUARE SHOPPING
CENTER, LLC for a Conditional Use Permit re indoor commercial recreation / gymnasium
at 2116 Great Neck Square Shopping Center
DISTRICT 5 - LYNNHAVEN
RECOMMENDATION
APPROVAL
2. Applications of the CITY OF VIRGINIA BEACH, DISTRICT 4- BAYSIDE
a. Street Closure for Lake Avenue and Oak Street and portions of Locust Crescent and
Ellis Avenue
RECOMMENDATION
APPROVAL
b. Pleasure House Point Conditional Change of Zoning from PDH-1 Planned Unit
Development to P-1 Preservation at 3957 Marlin Bay Drive
RECOMMENDATION
APPROVAL
L. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
BOARD OF ZONING APPEALS
CHESAPEAKE BAY PRESERVATION AREA BOARD
COMMUNITY POLICY AND MANAGEMENT TEAM (CSA)
COMMUNITY SERVICES BOARD (CSB)
EASTERN VIRGINIA HEALTH SYSTEMS AGENCY
HISTORIC PRESERVATON COMMISSION
HISTORICAL REVIEW BOARD
PROCESS IMPROVEMENT STEERING COMMITTEE
RESORT ADVISORY COMMISSION
SOCIAL SERVICES BOARD
SOUTHEASTERN PUBLIC SERVICE AUTHORITY
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
M. UNFINISHED BUSINESS
N. NEW BUSINESS
0. ADJOURNMENT
*********?x*?*******
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 3854303
CITY COUNCIL SESSIONS
December 2012
December 4 Briefing, Informal, Formal 6:00 P.M.
Open Dialogue
December ll Briefing, Informal, Formal 6: 00 P.M.
2012 CITYHOLIDAYS
Monday, December 24 Christmas Eve (half-day)
Tuesday, December 25 Christmas Day
Agenda 11/27/2012/gw
-1-
VIP, GINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 27, 2012
Vice Mayor Louis R. Jones called to order the MILITARY ECONOMIC DEVELOPMENT ADVISORY
COMMITTEE (MEDAC) ANNUAL REPORT, in the Ciry Council Conference Room, Tuesday,
November 27, 2012, 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, John D.
Moss, John E. Uhrin and James L. Wood.
Council Members Absent:
Mayor William D. Sessoms, Jr. (attending Bank meeting)
Council Lady Rosetaaary Wilso;i (in New York with ill husband)
November 27, 2012
-z-
CITY COUNCIL'S BRIEFING
MEDACANNUAL REPORT
3:00 P.M.
ITEM #62364
Vice Mayor Jones introduced and welcomed Rear Admiral Richard Dunleavy, (RET.), - Chair, Military
Economic Advisory Committee (MEDAC). Chairman Dunleavy expressed the Committee's gratitude for
the support of the City of Virginia Beach and the membeYS of City Council.
MIlItaYy EGQnUCI'1(C De\/?.'lQpmE''nt
Advisory Committee (MEDAC)
' Update to
Virginia BeacM City Counc'rl
November 27, 2012
Chairman Dunleavy acknowledged the members in attendance. Chairman Dunleavy advised members of
this committee have lead thousands of individuals and managed millions of dollars while serving Active
Duty Military.
EDAC MECt'1bf?C"sh1p
November 27, 2012
-3-
CITY CO UNCIL'S BRIEFING
MEDAC ANNUAL REPORT
ITEM #62364(Continued)
MEDAC's purpose and goals are set forth below:
MEpAC Purpose & Goals
?t Outreach to Naw & Other Militarv Commands
Support and strengthen City relations with various base commanders
and tenant commands.
4 EconomicDevelooment0oportunities.. -
Identify economic development opportunities within the various military
commands that engage defense contractors in support of their mission.
. v . Workforce Development . As appropriate and with the suppoft of the military, seek to identify those
service members who are separating from the military who may be
candidates for employment by local businesses.
0 Vir¢inia Beach Militarv Affairs
Through regular liaison and communications, provide information concerning ;
military issues that may be addressed locally to assist the various commands
in carrying our their'missions
Chairman Dunleavy provided the Key Value Propositions for 2012 in the slide below:
Key 1fC-ilue PrQpositions - 2012
• Command InteraC[iOn: IDENTIFY key issuesfor local commands, service members
.. &families
. ... . INFORM local military of City initiatives, progams and '
. :activities impactingtheir people.and missions
, INFORM City of areas of strength & opportunities to improve
y Work with Private InduStrV: IDENTIFYtrends impacting defense-related companies .
. INFORMCiryandcompaniesofopportunitiesfor
' engagement, growth and improvemeM
. MATCH military commands with business partners
4 ImDdtt of ServlCe-Member - IDENTIFY issues affecting transitioning service members
TrdnsitiOn: - families
RECOMMENDIMPROVEMENTStotransitionprocess
. INFORM commands of entrepreneurial and workforce
. assistance available to exiting service.members and families November 27, 2012
-4-
CITY COUNCIL'S BRIEFING
MEDAC ANNUAL REPORT
ITEM #62364(Continued)
Chairman Dunleavy thanked the City Staff for their continued support and assistance. Scott Hall,
Economic Development, has put together an exceptional power point presentation and does an excellent
job briefzng the local Commands. The Commanding Officer of Joint Expeditionary Base Little Creek -
Fort Story attends the meetings every other month, as well as the Executive Officer of Naval Air Station
Oceana. One of the major concerns of the Military is transportation and the Military is excited about
High Speed Rail and the possible extension of Light Rail.
GQmmand InteraefiiQn `
• Seven team briefings to local commands & Strike Fighter C0's
• Additional updates from CO JEB Little Creek-Fort Story and NAS
Oceana
• Key Outcomes:
# Importance of TRANSPORTATION Improvements,(local/regional/state)
m EspeciallyDirectPA55ENGERRAILServlcestoWashington,DC-
,d? Importance of Continued Expansion of City's RECREATION Infrastructure
+o Importance of Strong & Respected Local PUBLIC EDUCATION System
?+` Increasing TRANSITION of Qualified Service Members to Civilian Sector
W.-NeedforSignificantlmprovementstoTransitionAssistance Programs ..
,4 Virginia Beach is a Desired HOMESTEADING Location
m Uncertainty of Potential SEQUESfRATION Impacting Commands and
! Service Members
Worle With Private Industry
# Seven team briefings from local private defense-related companies
14 Briefings from additional DoD, state & local Military & Veteran's
issues organizations:
,0 Governor's Regional Military Affairs Liaison
,6 - Uirginia's Wounded Warrior Program
w Navy Force Shaping Program
s Opportunity, Inc.
14... Armed Services YMCA Hampton Roads ... . ..
,0 Virginia Values Veterans
0 Coordinated LifeNet Health tour & briefing for 35 representatives
of local operational and medical commands
November 27, 2012
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CITY COUNCIL'S BRIEFING
MEDAC ANNUAL REPORT
ITEM #62364(Continued)
TheMmilitary is interested in how the City is willing to work with "Wounded WaYriors ".
Work With Privafie Industry (cont'd)
0 Key Outcomes:
to Virginia Beach is viewed as a STRONG BUSINE55 MARKET
? Virginia Beach is seen as a SUPPORTIVE City for business'
Federal budget UNCERTAINTY is cause for concern
? Businesses understand need to BROADEN & DIVERSIFY business
operations away from reliance on DoD/Federal wntracts
?r Desire to work closely with City to IDENTIFY IMPACTS of changing
federal budget and find ways for City to HELP COMPANIES PREPARE
t? Military commands are EAGER TO PARTNER with local private
enterprise in unique ways (ie, LifeNet'Health providing grief
' counseling training and new product information)
? Established DEFENSE INDUSTRY SUB-COMMITTEE to enhance
abilityto assist private sector'
Chairman Dunleavy stressed the importance of recruiting and retaining those individuals getting out of
the Military as they are usually highly trained individuals with good work ethic. The transition assistance
progs-am helps the service members prepare themselves for civilian life.
SeCtifIcE ?e?1"tbEC°Tt'c15ittt?C°t
0 Current militaryforce reductions impacting high-
performers'
?4 INCREASED OPPORTUNITIES for entrepreneurial development
and skilled labor placement
?4 INCREASED STRE55 on commands from losing highly skilled
team members
,0 INCREASED STRESS on service members and families
,J INCREASED STRESS on military Transition Assistance Program'
November 27, 2012
-6-
CITY COUNCIL'S BRIEFING
MEDAC ANNUAL REPORT
ITEM #62364(Continued)
Service MemberTransitiQn (cont'd)
0 Increased interestfrom private sectorto specifically hire Veterans'
& Wounded Warriors
0 Increasing availability of resources for transitioning Veterans
,4 SCORE Veteran Fast Launch Initiative (ReYired Corporate Executive '
Mentoring Progrem specifically for Veterans)
ti Service Disabled Veteran-Owned Business programming from State &
Federaileveis
4 °Virginia Values Veterans (V3) Initiative for workforce transition support
0 VBTV produced SmoothJransitions video aimed at transitioning
service members (VBDED, MEDAC, OpportunityJnc, Virginia Office '
of Veterans Affairs) - posted on vbgov.com, yesvirginiabeach.com "
and vbmilcom.com and aired on VBN
Chairman Dunleavy intends to begin briefing each of the Command Master Chiefs as they are truly the
ones that are rnost aware of the issues troops are facing. The Committee is also working with Tidewater
Community College to leverage education for the Military and Veterans.
Kev Initia"tives for 2013
0 Assist City & Regional Leadership in responding to increasing rate
of change impacting military commands, service members and
private defense-related business sector
u+ Increasingly complez & multi-layered
0 Includes budget, employment, transitions, base development & protedion `
0 Assist City & Regional Leadership in preparing "Emergency
Response Plan° for potential organizational & budgetary changes
(ie, Sequestration)
o Create a tangible and informed response
• Continue support of HRMFFA (organization and programs)
•- Continue command briefing program
• Engage & leverage new Tidewater Community College Center for '
Military and Veterans Education
November 27, 2012
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CITY CO UNCIL'S BRIEFING
MEDAC ANNUAL REPORT
ITEM #62364(Continued)
Chairman Dunleavy advised the Commands the Committee has briefed irz 2012 are set forth below:
Cot"poCate BC1Efs !n' CY 2012
• CifeNet Health
• ADS, Inc.
• Freewater Tech`nologies
• Sonalysts
• AVID, LLG
• Tactical Electronics
• Grornmet Island Adventure
Vice Mayor.Iones expressed appreciation to the Committee.
November 27, 2012
-8-
CITY MA NA GER'S BRIEFING
ELECTRONIC TOWNHALL
3:30 P.M.
ITEM #62365
Vice Mayor Jones introduced and welcomed Catheryn Whitesell, Director- Management Services. Mrs.
Whitesell advised Kevin Fairley, Information Services Administrator - COMIT, will be providing a"live
demonstration " of the software.
Mrs. Whitesell advised this software will promote civic engagement as set forth below:
November 27, 2012
-9-
CITY MANA GER'S BRIEFING
ELECTRONIC TOWNHALL
ITEM #62365(Continued)
Mrs. Whitesell stated Managements Services, as well as COMIT, has researched web-based applications
providing town hall meetings. Peak Democracy is used by numerous communities across the nation.
prizona -Tempe Missouri - Clayton , South Carolina - Rock HiU `
Ferguson City
Tennessee - Germantown '
California - Menio Park, Nevada -Washoe County Texas - Southiake
Palo Alto, Santa Clare,
Santa Cruz County, Ohio - Blue Ash, Utah -Salt Lake City,
Vacaville, Vallejo, Yuc[a Montgomery South Salt Lake UT
Val ley
Fiorida 'Oregon-Ashland, virginia - Arlington,
Delrey Beach, Wellington Lake Oswego, Portland Hampton,
Norfolk,
Williamsburg
Georgia Pennsylvania - State
Alpharetta, Atlanta College
Beltline, Decatur
Kansas - Junction City Rhode Island -Middletown
November 27, 2012
-10-
CITY MANA GER'S BRIEFING
ELECTRONIC TOWNHALL
ITEM #62365(Continued)
Below is the process for departments to request a Virtual Town Hall Session:
In researching the web-based applications, we found Salt Lake City has a good utilization and the City
intends to mirror them.
Mr. Fairley provided a demonstration of the web-based application.
Vice Mayor Jones thanked Mrs. Whitesell and Mr. Faif-ley for their work on this project.
November 27, 2012
-11-
CITY MANA GER'S BRIEFING
POTENTIAL NEWBUSINESS OPPORTUNITIES
RELATED TO THE ARENA
3:59 P.M.
ITEM #62366
Vice Mayor Jones introduced and welcomed Al Hutchinson, Vice President - Convention Sales and
Marketing, Convention and Visitors Bureau.
Mr. Hutchinson stated the AYena would greatly enhance the City's Convention Market as set forth below:
? Comcast-Spectacor/Live Nation's industry credibility
? Virginia Beach CVB Sports Marketing/Convention Sales
Team National Experience
? Combined Convention Center/Arena Opportunities
? Ability to create new events
? Grow shoulder and Off-Season room nights
?
VIRGINIA ?
BEACH
November 27, 2012
-12-
CITYMANAGER'S BRIEFING
POTENTIAL NEWBUSINESS OPPORTUNITIES
RELATED TO THE ARENA
ITEM #62366(Continued)
Below are the potential sports marketing events that the Arena could attract:
? U.S. Swimming National Championship and Olympic Trials
? US Figure Skating
? Collegiate Basketball (e.g., NCAA Regional, CAA, CIAA, ACC)
? Gymnastics '
,
? Ice Hockey
? USA Boxing
? NCAAWrestling ,
? Arena Lacrosse `
? IndoorTrack and Field
? Dew Tour
? Mixed Martial Arts Championships
? ?'•.? , , ,
VIRGiNIAY)
BEACH
Below are the combined events that the Arena could attract:
? USA Gymnastics National Championship and Congress
? USA Swimming Olympic Trials and National Championship
? US Figure Skating
. ... Vlr9iniaBeach(;itYCwr?cil,1111]/12
VIRGINIA I
BEACH
November 27, 2012
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CITYMANAGER'S BRIEFING
POTENTIAL NEW BUSINESS OPPORTUNITIES
RELATED TO THE ARENA
ITEM #62366(Continued)
Mr. Hutchinson stated today these types of sporting events are being held in comparable cities to Virginia
Beach.
? Kansas City, MO - SprintArena
? Omaha, NE - Century Link Center -„°"""
? San Jose, CA - HP Pavilion
? Spokane, WA-Veteran's Memorial Arena
? . vg eaacnciry co??aLivzmz VIRGINI
BEACH
The Arena would allow the City to create our own events. The area has a huge opportunity for high
school basketball tournaments. The City is home to several AAU Track Organizations that travel the
globe to compete and the Arena would allow the City to host indoor track events:
? Collegiate Basketball Tournament
? High School Invitational Basketball Tournament
? Indoor track championships
v?,gi- ee- Qny --a. , vzmz
November 27, 2012
-14-
CITY MANA GER'S BRIEFING
POTENTIAL NEWBUSINESS OPPORTUNITIES
RELATED TO THE ARENA
ITEM #62366(Continued)
At this time, there are a number offaith based opportunities the City cannot host. With the Arena, the
City could potentially host any number of these opportunities that average 7,500 to 20,000 attendees.
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November 27, 2012
-15-
CITYMANAGER'S BRIEFING
POTENTIAL NEWBUSINESS OPPORTUNITIES
RELATED TO THE ARENA
ITEM #62366(Continued)
The Arena could be a real "Game Changer " for the City by allowing Staff to compete on a national level
for these types of events.
Yes to tttLEroject No to the Rroject
• Game Changer! • Potential sports marketinglfaith-
• Expand niche markets based events disappear
• Tap into new markets
• Grow our shouldedoff-season
• Visitor experience/extend Stay
Vice Mayor .Tones thanked Mr. Hititchinson for his presentation.
November 27, 2012
-16-
CITY CO UNCIL COMMENTS
4:37P.M.
ITEM #62367
Councilman Moss expressed his concern regarding the Tidewater Planning Organization legislation they
are pursuing in Richmond.
Also, Councilman Moss requested the City Council take a look at a couYSe of action to close the financial
gap the City is facing.
Lastly, Councilman Moss advised the City endorses tolls while VML does not. If transportation is going
to be addressed, all revenues should be on the table.
ITEM #62368
Councilman DeSteph would like to have more discussion on Light Rail before spending more money.
November 27, 2012
-17-
AGENDA REVIEW SESSION
4:43P.M.
ITEM #62369
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
J. ORDINANCES/RESOL UTIONS
1. OYdinance to AUTHORIZE the City Manager to EXECUTE a Modification to the Term
Sheet between the City of Virginia Beach and the YMCA of South Hampton Roads
3. Resolution to SIIPPORT the City's application for the FY 2013-14 Virginia Department
of Transportation (VDOT) Revenue Sharing PYOgram for Centerville Turnpike - Phase
II
4. Resolution to REFER to the Planning Commission an Ordinance to AMEND Sections of
the City Zoning Ordinance (CZO), Zoning District Boundaries and Zoning District
Classifications ofproperty
5. Ordinances to ACCEPT and APPROPRIATE:
a. $1,600,000 from the U.S. Federal Emergency Management Administration
(FEMA) to the Operating Budget of the Fire Department Ye deployment of the
Virginia Task Force 2 for Hurricane Sandy
b. $935, 000 from the Tourism Advertising Program Special Revenue Fund to the
Operating Budget of the Convention and Visitors Bureau re advertising and
marketing
c. $294,192 fi•om the State Compensation Board to the Clerk of the Circuit Court's
Technology Trust Fund for technology related expenses
d. $19,600 from the Virginia Department of Environmental Quality (DEQ) to
Public Works and Parks and Recreation to encourage recycling and litter
abatement
e. $12,962 from the U.S. Department of Justice to the Operating Budgets of the
Police and the Sheriff re bullet proof vests
f. $12, 024 fNOm the Sheriffs Special Revenue Fund to the Operating Budget of the
Sheriffs Office re a contribution to the Supplemental RetirementPlan
6 Ordinance to TRANSFER $162,315 within the School 's FY 2012-13 Operating Budget.•
a. $148,873 from Instruction to Technology 106
b. $ S, 094 from Administration to Operations and Maintenance
c. $ 8,348from Instruction to Operations and Maintenance
Item #2 shall be considered separately ces speakers are registererd.
Councilman Moss shall vote a verbal NAY on Item#6a1b1c
November 27, 2012
-18-
AGENDA REVIEW SESSION
ITEM #62369(Continued)
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
K. PLANNING
Application of MOUNT OLYMPUS FITNESS, LLC/GREAT NECK SQUARE
SHOPPING CENTER, LLC for a Conditional Use Permit re an indoor commercial
recreation /gymnasium at 2116 Great Neck Square Shopping Center DISTRICT 5-
LYNNHAVEN
2. Applications of the CITY OF VIRGINIA BEACH, DISTRICT 4- BAYSIDE
a. Street Closure for Lake Avenue and Oak Street and portions of Locust Crescent
and Ellis Avenue
b. Pleasure House Point Conditional Change o Zoning from PDH-1 Planned Unit
Development to P-1 Preservation at 3957 Marlin Bay Drive
November 27, 2012
-19-
ITEM#62370
Mayor William D. Sessoms, Jr., entertained a motion to permit Ciry 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
adveYSely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
Acquisition/Disposition of City PropeYty:
Beach District
November 27, 2012
-zo-
ITEM# 62370(Continued)
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council voted to proceed into
CLOSED SESSION at 4: SI P.M.
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, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
Rosemary Wilson
(Closed Session 4: 51 P.M. - 5:20 P.M.)
November 27, 2012
-21-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
Noveniber 27, 2012
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, November 27, 2012, 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, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood
Council Members Absent:
Rosemary Wilson
INVOCATION: Father James E. PaYke
Church of the Holy Apostles
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297
Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's
transactions. HoweveY, 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 inteYest. 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 identify any matters in which he rnight 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 off cial records of City Council. Mayor Sessoms' letter of
March 24, 2009, is hereby made a part of the record.
November 27, 2012
-22-
Vice Mayor Jones DISCLOSED, for many years, he ser-ved orz the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial ) purcha.red 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 ofFulton 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 inteYest 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.
November 27, 2012
-23-
Itena -VI-E
CERTIFICATION
ITEM #62371
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as weYe 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, John D.
Moss, Mayor William D. Sessoms, Jr., John E. UhYin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent.•
Rosemary Wilson
November 27, 2012
R E S 0 L U T 10 N
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 #62370 Page 22, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
uth Hodges F aser, MMC
City Clerk
November 27, 2012
-24-
Itenz -VI-F.1
MINUTES
ITEM #62372
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of November 13, 2012.
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, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
November 27, 2012
-25-
Item -VI-G.1
PUBLIC HEARING
ITEM #62373
Mayor Sessoms DECLARED A PUBLIC HEARING:
Exchange of Excess Property
West Neck Road
There being no speakers, Mayor Sessoires CLOSED THE PUBLIC HEARING.
November 27, 2012
-26-
Item -VI-H.1
PUBLIC HEARING
ITEM #62374
Mayor Sessoms OPENED THE PUBLIC COMMENT:
YMCA at Princess Anne Commons
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC COMMENT.
November 27, 2012
-z7-
ADOPT AGENDA
FOR FORMAL SESSION ITEM #62375
BY CONSENSUS, Ciry Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
November 27, 2012
-28-
Item -VI-J
ORDINANCES/RESOL UTIONS ITEM #62376
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE
MOTION, Items 1, 3, 4, Sa/b/c/d/e/f and 6a/b1c.
Yoting: 10-0
Council Members Yoting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice MayoY Louis R. Jones, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
November 27, 2012
-29-
Itenz -VI-J.1
ORDINANCES/RESOL UTIONS ITEM #62377
Upon motion by Coucnibnan Wood, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Modification to the Term
Sheet between the City of Virginia Beach and the YMCA of South Hampton Roads
TTOting: 10-0
Council Members Troting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Yoting Nay:
None
Council Members Absent:
Rosemary Wilson
November 27, 2012
1 AN ORDINANCE AUTHORIZING MODIFICATION
2 TO THE TERMS SHEET BETWEEN THE CITY OF
3 VIRGINIA BEACH AND YMCA OF SOUTH
4 HAMPTON ROADS
5
6 WHEREAS, the City of Virginia Beach (the "City") owns two parcels of land
7 containing approximately 10.35 acres located at the intersection of Dam Neck Road and
8 Landstown Road (GPIN 1484-79-2434 and 1484-79-2884) (the "Property");
9
10 WHEREAS, YMCA of South Hampton Roads ("YMCA") desires to construct and
11 operate a community facility offering recreational and educational programs to serve the
12 community, including a 40,000 - 45,000 sq. ft. facility and a 50-meter competition pool
13 on the Property (the "Project");
14
15 WHEREAS, the City and the YMCA came to a shared understanding regarding
16 each party's obligations and responsibilities in connection with the Project, which are set
17 forth in a Term Sheet dated June 1, 2011 (the "Term Sheet");
18
19 WHEREAS, on June 14, 2011, City Council approved the Term Sheet by
20 Ordinance ORD-3183F. The Term Sheet contemplates construction of the Project to
21 start on or before December 1, 2012;
22
23 WHEREAS, the YMCA has requested a 6-month extension to commence
24 construction of the Project from December 1, 2012 to June 1, 2013; and
25
26 WHEREAS, the City Council is of the opinion that modifying the Term Sheet is
27 not detrimental to the interests of the City of Virginia Beach.
28
29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
30 OF VIRGINIA BEACH, VIRGINIA:
31
32 That the City Manager is hereby authorized to execute a Modification to the Term
33 Sheet between the City of Virginia Beach and the YMCA of South Hampton Roads
34 extending the deadline to start construction of the Project for six months from December
35 1, 2012 until June 1, 2013, as set forth in the Summary of Terms attached hereto as
36 Exhibit A, and made a part hereof, and such other terms, conditions and modifications
37 deemed necessary and sufficient to the City Manager and in a form deemed satisfactory
38 by the City Attorney.
39
40 Adopted by the Council of the City of Virginia Beach, Virginia on the 2 7 th day of
41 November ,2012.
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorney
CA12411
hvbgov.com\DFS I \Applications\CityLawProd,cycom32\ Wpdocs\D013\P017\00046576.DOC
R-1
APPROVED AS TCYCONTENT
Dept.(af-l?arks & Recreation
November 19, 2012
EXHIBIT A
SUMMARY OF TERMS
An Ordinance Authorizing Modification to the Term Sheet Between the City of
Virginia Beach and YMCA of South Hampton Roads
PROPERTY
OWNER: City of Virginia Beach (the "City")
DEVELOPER: YMCA of South Hampton Roads ("YMCA")
PROPERTY: 10.35 acres of City-owned land located at the intersection of Dam
Neck Road and Landstown Road (GPINs: 1484-79-2434 and 1484-
79-2884)
EXISTING TERMS:
• City to dedicate a portion of the Property to the YMCA "as-is" and
subject to certain restrictions.
• YMCA to construct and operate a facility for recreational and
educational programs and services to the community (the
"Project").
• Project to include a 40,000 - 45,000 sq. ft. community, facility, and a
50-meter outdoor competition pool covered by an architectural
membrane.
• Project design and construction to be consistent with the Princess
Anne commons Design Guidelines.
• All Project design and construction plans must be reviewed and
approved by the City.
• Project construction to start on or before December 1, 2012.
TERMS MODIFIED:
• Extend start date for construction of the Project to June 1, 2013.
• All other terms, conditions and obligations set forth in the Term
Sheet dated June 1, 2011 remain unchanged.
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-30-
Item -VI-J.2
ORDINANCES/RESOL UTIONS ITEM #62378
The following individuals registered to speak in favor
Mike Aschkenas, 2805West Point Court, Phone: 463-6941
Mike Barrett, 600 22"d Street, Phone: 422-1568
Aubrey L. Layne, Jr., 1464 Five Hill Trail, Phone: 217-3428
Tim McCarthy, President - Light Rail Now
The following individual spoke in opposition:
Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 428-5589
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, Ordinance
to AUTHORIZE the use of all reasonable efforts to SUPPORT the financing and development of the
Tide Lig/it Rail into Virginia Beach (Referendum Question voted affirmatively)
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, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
November 27, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
AN ORDINANCE APPROVING THE USE OF ALL
REASONABLE EFFORTS TO SUPPORT THE FINANCING
AND DEVELOPMENT OF THE TIDE LIGHT RAIL INTO
VIRGINIA BEACH
WHEREAS, a majority of the qualified voters of the City of Virginia Beach who
voted at an advisory referendum held on November 6, 2012, expressed support for City
Council's adoption of an ordinance approving the use of all reasonable efforts to support
the financing and development of The Tide light rail into Virginia Beach; and
WHEREAS, further actions required to implement the extension of The Tide light
rail system into Virginia Beach will be separately considered by this Council such as the
expenditure of City funds or the disposition of City-owned property.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That City Council hereby approves the use of all reasonable efforts to support the
financing and development of The Tide light rail into Virginia Beach.
Adopted by the Council of the City of Virginia Beach, Virginia, on the2 7t h` day
Of November 12012.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA12243
R-2
April 5, 2012
-31-
Item -VI-J.3
ORDINANCES/RESOLUTIONS ITEM #62379
Upon motion by Vice MayoY Jones, seconded by Councilman Dyer, City Council ADOPTED,BY
CONSENT, Resolution to SUPPORT the City's application for the FY 2013-14 Virginia Department of
Transportation (VDOT) Revenue ShaYing Program for CenteYVille Turnpike - Phase II
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, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Yoting Nay:
None
Council Members Absent:
Rosemary Wilson
November 27, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A RESOLUTION TO SUPPORT THE CITY'S APPLICATION
FOR THE FY 2013-14 VIRGINIA DEPARTMENT OF
TRANSPORTATION REVENUE SHARING PROGRAM
WHEREAS, the City of Virginia Beach is eligible to submit applications for up to
$10,000,000 through the Virginia Department of Transportation Fiscal Year 2013-14
Revenue Sharing Program; and
WHEREAS, the City's highest priority improvements that meet the eligibility for
funding are part of Project # 2-411 - Centerville Turnpike - Phase II.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the City of Virginia Beach City Council hereby supports an
application for up to $10,000,000 through the Virginia Department of Transportation
Revenue Sharing Program for CIP #2-411 - Centerville Turnpike - Phase II;
2. That the required matching funds will be provided from the allocation of
local funding within this project; and
3. That the City Manager is hereby authorized to execute on behalf of the
City of Virginia Beach all necessary project agreements for project development and
construction.
2 7t h Adopted by the Council of the City of Virginia Beach, Virginia on the
day of N o v e m,b2012.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Management Services orn s Office
CA12477
R-1
November 14, 2012
-32-
Itenz -VI-J.4
ORDINANCES/RESOLUTIONS ITEM #62380
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Resolution to REFER to the Planning Commission an OYdinance to AMEND Sections of the
City Zoning Ordinance (CZO), Zoning District Boundaries and Zoning District Classifications of
property
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, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
November 27, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
A RESOLUTION REFERRING TO THE PLANNING
COMMISSION AN ORDINANCE TO AMEND
SECTION 107 OF THE CITY ZONING ORDINANCE
PERTAINING TO AMENDMENTS TO THE CITY
ZONING ORDINANCE, ZONING DISTRICT
BOUNDARIES, AND ZONING DISTRICT
CLASSIFICATIONS OF PROPERTY
WHEREAS, the public necessity, convenience, general welfare, and good zoning
practice so require;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the above-entitled ordinance, a copy of which is attached, is hereby referred
to the Planning Commission for its consideration and recommendation.
ANdo?te? b? the City Council of the City of Virginia Beach, Virginia, this _ 2 7t h
day of ° em e , 2012.
APPROVED AS TO LEGAL SUFF CIENCY:
City Attorney's Office
CA12478
R-2
November 15, 2012
1
2 AN ORDINANCE TO AMEND SECTION 107 OF TFlE
3 CITY ZONING ORDINANCE, PERTAINING TO
4 AIViENDMENTS TO THE CITY ZONING
5 ORUINANCE, ZONING DISTPICT BOUNDARIES,
g AND ZONING DlSTRICT CLASSIFICATIONS OF
7 PROPERTY
8
9 Section Amended: City Zoning Ordinance 107
10
11 WHEREAS, the public necessity, convenience, generai welfare, and good zoning
12 practice so require;
13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
14 VIRGINIA:
15 That Section 107 of the City Zoning Ordinance, pertaining to amendments to the City
;16 Zoning Ordinance, zoning district boundaries, and zoning district classifications of property, is
17 her-eby amended and reordained, to read as follows:
18
19 ARTiCLE '!. GElVERAL PROVISIONS
20 ....
21 Sec. 107. Amendments.
22 (a) Initiation. Whenevzr the public necessity, convenience, general welfare, or good
23 zoning practice requires, the city council may by ordinance, amend, supplemenf, or change the
24 reguiations, district boundaries, or zoninq district classificafiions of property. Any such
25 ?m°?,,,?me,t action may be initiafed by resolution of the city council, or by motion of the
26 planning commission, or, where a chanqe of the_zoning district classification of propertv is
27 souqht, by petition of the owner, c;ontract purchaser with the owner's written consent, or the
28 owner's dufy authorized agent therefor, of the property which is the subject of the proposecl
29 chanqe of zoning district classification, addressed to the city council.
30 In the Iatter case, the petition shall be addressed to city council but shall be filed with the
31 director of+ planning. The director shall tra,^°m-?-,it the N°t°t;o^ to cause the petition to be piaced
32 on the aqenda of the planning commission 'e?. For. purposes af this sectian1 foF 33 a change of zoning district classification shall be deemed to include modifications ofi_tte
34 conditions of a conditional chanqe of zoning district classification pursuant to subdivision(h).
35
36
i , I I
37 COMMENT
38
39 The amendments: (1) clarify that the section applies to modifications of conditional rezoning as well
40 as original rezoning applications; and (2) update the terminology used in the section. The term "petition"
41 (as opposed to the more commonly used term "application") is retained, however, as "petition" is the term
42 utilized in the Virginia Code.
43
44 (b) Withdrawal of petition. Where The city council o
45 ,
46
47 petitien, +? may allow withdrawal of a petition for a chanqe of
48 zoning district classification at anx time prior to votinq on such petition; provided however, that
49 the applicant shall notify the city clerk bV letter or electronic mail that it intends to seek to
50 withdraw the petition Such notification shall be received by the citv clerk no later than noon on
51 the working dav next preceding the public hearinq In the event such notification is not timely
52 made no withdrawal shall be allowed by the citv council. However, if #he such petition is
53 denied by city council, substantially the same petition shall not be filed within one (1) year of
54 the date of deniaL ,
55 S„h +., ., +?, ea I Iy ' ' . within
56 The planninq director shall
57 determine whether a new petition is substantiallv the same as the petition denied by the city
58 council takinq into cansideration the differences in the zoninq district classifications souqht,
59 the nature and densitV or intensity of the praposed use site desiqn site lavout, traffic, noise,
60 and other potential impacts measures to mitiqate such impacts and such other factors as he
61 determines to be relevant to such determination.
62
63 .
64
65 COMMENT
66
67 The amendments: (1) allow the City Council to allow an application to be withdrawn for any reason
68 deemed suitable by the City Council, but require that the applicant notify the City Clerk of its intent to
69 seek a withdrawal by letter or e-mail received by noon the day before the CC meeting (Lines 47-52); and
70 (2) rewrite the criteria for determining whether a subsequently filed application is "substantiall,y the same"
71 as an application that has previously been denied by the City Councit (Lines 57-61).
72
73 Stylistic changes having no substantive effect are also made.
74
75
76
2
77 (c) Planning commission action; notice of public hearing. Before making any
78 recommendation on a proposed amendment, the planning commission shall give notice of a
79 public hearing thereon, as set forth in Section 15.2-2204 of the Code of Virginia, as amended,
80 or anv successor statute; provided, however, that written notice as prescribed therein shall be
81 given at least fifteen (15) days prior to the hearing and in the case of a condominium or a
82 cooperative, the written notice may be mailed to the unit owners' association or proprietary
83 lessees' association, respectively, in lieu of each individual owner. In the case of a proposed
84 chanqe of zoning district classification the public notice shall state the qeneral usaqe and
85 density ranqe of the proposed zoninq district classification and the qeneral usaqe and density
86 ranqe if anv, set forth in the applicable part of the comprehensive plan; provided, however,
87 that where a conditional change of zoning is souclht the public notice shall state the proposed
88 uses and density souqht in the petition.
89
gp COMMENT
91
92 The amendments restate Virginia Code requirements for the descriptive summaries that must be
93 advertised in a local newspaper as part of a rezoning application (Lines 83-88). Technical changes are also
94 added.
95
96 (d) Planning commission hearing; action following hearing. Unless the PFOPOsaI
97 etp ition is withdrawn before the public hearing, the public
98 hearing shall be held at the time and place announced; provided, however, that if the public
99 hearing or a decision to approve or deny the qetition, is ?estpened deferred indefinitelv, new
100 public notice shall be issued as for the original notice. The aqplicant shall have the riqht to
101 withdraw anv petition prior to the commencement of the public hearinq on the petition, without
102 further action as otherwise would be required by this section. In the event the public hearinq is
103 postponed to a date certain announced at the meetinq at which the petition was scheduled to
104 be heard the public hearinq on such date certain shali not be required to be readvertised, but
105 written notice of the public hearing shall be re-mailed to those persons entitled to such notice.
106 If the pe , deferral is at the request of the applicant or d-ue necessary by reason of te
107 the applicant's failure to properly follow applicable procedures, including the postinq of siqns as
108 required by Section 108, the44 the cost of new public notice includinq the costs of
109 readvertisement and mailing of written notice, shall be at the applicant's expense. Following
110 eae# the public hearing, the commission shall by motion adopt its recommendation, which may
111 include changes in the original proposal, as allowed by law, and shall transmit such
112 recommendations to city council.
113
114
115
3
116 COMMENT
117
118 The amendments: (1) restate Virginia Code requirements regarding public notice of public
119 hearings on zoning applications (Lines 96-100 and 102-105); (2) make it clear that an application before the
120 Planning Commission may be withdrawn by the applicant as a matter of right before the Commission
121 commences the public hearing on the application (Lines 100-102); (3) require the applicant to pay the costs
122 of providing new public notice when an application is deferred at its request (Lines 106-109). These costs
123 include the cost of the public notice in the local newspaper (which must be published two times before both
124 the Planning Commission and City Council public hearings) and the cost of written notices to the adjacent
125 property ownzrs and others to whom the Virginia Code requires such notice to be given, but do not include
126 the original application fee, which need not be paid again.
127
128 Technical changes having no substantive effect are also made.
129
130 (e) Action by city council; notice of u? blic hearing. Before
131 takin any ^m°^dm°^+ action pursuant to this section, ' notice of a public
132 hearing thereon, as required by law Virginia Code Section 15.2-2204 or anv successor
133 statute shall be given as set forth in subsection (d).
134
135 COMMENT
136
137 The amendments make technical changes having no substantive effect.
138
"hea& reconsideration.
fogewing
139 (fl City council heagng; action
140
141 M The public hearing shall be held at the time and place announced. Following the
142 hearing, cit council may make such changes to the recommendation of the planninq
143 commission as it deems appropriate, as allowed by law
144 ^mondmcnto; provided, however, that 0) no additional land may be rezoned to a different
145 classification than was contained in the public notice; afld ii no land may be rezoned to a less
146 restrictive classification without new notice and hearing; and (iii) no amendment to the
147 requlations shall be made unless such amendment was fairly encornpassed bv the descriptive
148 summary of such amendment contained in the advertisement thereof. Furthermere,
149 .
150 i , i
151 eal,
152 Teviewed- an^-aFded ronnmmonrla+iGn „n „Gh Gh,nry . Nothing herein shall be
153 construed as prohibiting the city council from referring any petition includinq a petition that is
154 the subiect of reconsideration pursuant to subdivision (2), back to the planning commission for
155 further study and recommendation
4
156 °? ?"°?ntffial in the event the citv council deems such action necessarv or advisable. In
157 , ,
158 ,
159
160 COMMENT
161
162 The amendments: (1) incorporate legal requirements that are implicit, although not expressly
163 stated, in the Virginia Code, to the effect that any changes in a proposed Code amendment must be fairly
164 encompassed within the descriptive summary of the proposed amendment (Lines 146-148); (2) alluw the
165 City Council greater leeway to act on a rezoning application without having to refer it back to the Planning
166 Commission (Lines 148-152), while preserving its current authority to do so under any circumstances it
167 deems appropriate (Lines 152-156).
168
169
170 ? An affirmative vote of a majority of the members of the city council present and
171 voting shall be required to amend the zonin ordinance or to qrant any chanqe of zoninq
172 district classification. A tie vote shall be deemed a denial of the proposed amendment;
173 provided, hawever, that in the event af a tie vote on a petition for a change of zoninq district
174 classification due to the absence of one or more members of the citv council, any member e#
175 Gity GOURs+l may. bv motion, initiate reconsideration of the et? ition within
176 twen#y-e"„e-(2-'E-) thirt30 days #heFee# of such tie vote. A motion to
177 reconsider a vote resulting in approval or denial of a petition, other than bv reason of a tie vote,
178 may be +nit+ated made within thirty (30) days #-her-ee# of the date of approval or denial by any
179 city council member on the prevailing side of &a+d such vote. If cit rLcouncil deterrnines, by an
180 affirmative vote of its members present and votinq to grant reconsideration of a petition, a new
181 public hearing shall be advertised in accordance with subsection (e) and a siqn shall be posted
182 as required bv section 108 No petition that has been denied shall be qranted upon
183 reconsideration thereof where the proposed uses densitv intensitv site lavout buildinq desiqn
184 or any other siqnificant characteristics of the petition are substantiallv chanqed after the denial
185 that is the subiect of such reconsideration unless the petition is referred back to the planninq
186 commission for its review and recommendation prior to final action by the citv council. A
187
188
189 iE)R, the planRiRg d.FeGtgr,
190 ion,
191 , or dffireGtly tE) th?`e G"y
192 GOURGffil.
193 . ion,
194 .
195
5
196 COMMENT
197
19$ The amendments: (1) increase the time within which the City Council may initiate reconsideration
199 of a denial of an application by reason of a tie vote from 21 to 30 days (Line 176); (2) provide that if an
200 application is denied by the City Council and is thereafter substantially changed, the appl.ication must be
201 referred back to the Planning Commission prior to final action by the City Council (Lines 182-186); and (3)
202 eliminate the rules set forth in this subsection regarding modifications of previously approved conditions in
203 light of the fact that subsection (a) provides that applications for modification of conditions are to be
204 treated the same as original applications (Lines 186-195).
205
206 Other changes are stylistic in nature and do not have substantive effect.
207
208 (g) Fee. A petition to amend, supplement or change the
209 , district boundaries; or classification of property shall be accompanied by a fee in
210 the amount of nine hundred dollars ($900.00), plus ten dollars ($10.00) per acre for each acre
211 or part thereof over one hundred (100) acres. A petition of any property owner for a
212 reconsideration of proffered conditions shall be accompanied by a fee. in the amount of two
213 hundred dollars ($200.00).
214
215 (h) Conditional zoning.
216
217 ka--} Purpose. .
218
219 ? y o
220
221
222
223
224 ;
'L25
226
227 desored .
228
229 staff, the i , . ?
230
231 COMMENT
232
233 The amendments delete unnecessary language regarding the purpose of conditional zoning that was
234 first adopted when conditional zoning was first authorized by the Virginia Code and was used infrequently.
6
235 Since then, it has become the predominant form of rezoning and is well-understood by Staff, the City
236 Council, the Planning Commission and applicants
237
238 Criteria for proffers. PFeffeFs Proffered conditions shail enly--bbee-a-G-G-epted
239 meet the following criteria:
240 (1) the rezoning itself must give rise for the need for the condition; (2) such
241 conditions shall have a reasonable relation to the rezoning; (3) a1l such
242 conditions shall be in conformity with the comprehensive plan; and 4
243 such conditions shall not be prohibited by the provisions of Virqinia Code
244 Section 15 2-2298 or anv successor statute or other applicable law. SU&
245 > heweveF,
246 '
247
248
249 G'ty, , paFks, , fire ,
250 publiG i ; however, SUGh faGilities shall net inGlude sidewalks,
251 ,
252 ava i ,
253 ;
254 S
255 ? ?
256
257
258
259
260 > >
261 '
262
263
264 Gity, , parks, > fiFe .
265 publiG i ; howeveF, ,
266 ,
267 i ,
268 ? .
269
270 COMMENT
271
272 The amendments streamline this section by eliminating language that is rarely used; the deletion of
273 this language has no substantive effect in light of the fact that it is containeci in the Virginia Code; other
274 changes are technical in nature.
7
275
276 {?}?Q Proffers which include the dedication of real property or payment of cash.
277 In the event proffered conditions include the dedication of real property or
278 payment of cash, such property shall not transfer and such payment of
279 cash shall not be made until the facilities for which such property is
280 dedicated or cash is tendered are included in the capital improvement
281 program, provided that nothing herein shall prevent the city from accepting
282 proffered conditions which are not normally included in such capital
283 improvement program. If proffered conditions include the dedication of
284 real property or the payment of cash, the proffered conditions shall provide
285 for the disposition of such property or cash payment in the event the
286 property or cash payment is not used for the purpose for which proffered.
287 Nothing in this section shall be construed to affect or impair the authority
288 of the city council to accept proffered conditions which include provisions
289 for timing or phasing of dedications, payments or improvements or to
290 impose or accept conditions of conditional use permits. In the event
291 proffered conditions include the dedication of real property or payment of
292 cash which is not to be made until the facilities for which such property is
293 dedicated or cash is tendered are included in the capital improvement
294 program, the city attorney shall advise the planning commission, and the
295 city council of the adequacy of provisions securing to the city the timely
296 perFormance of such conditions.
297
2g$ COMMENT
299
300 Although this language is also in the Va. Code, and therefore could be deleted without substantively
301 changing the section, it is retained in this subsection because, it is so fundamental a rule as to merit keeping
302 it in the City Zoning Ordinance.
303
304
305 4)L31 Legal form of pFe#e? proffered conditions. All proffers shall be in writing set
306 forth in a conditional zoning aqreement, prepared by an attorney licensed
307 to practice law in the Commonwealth of Virginia, and shall be in a form
308 `suitable for recordation in the deed books maintained by the clerk of the
309 circuit court of the City of Virginia Beach. No
310 conditional zoninq
311 aqreement shall be considered bv the planninq commission or citv council
312 unless and until such agreement has been approved by the city attorney
8
313 as to legal form and sufficiency, includinq suitability for recordation bv the
314 clerk of the circuit court.
315
316 COMMENT
317
318 The amendments are technical in nature; in particular, they distinguish between "proffers," which
319 are individual conditions of rezoning, and "conditional zoning agreements," which are the documents that
320 contain the proffers.
321
322
323 {5-}(4) Title certificate. Each conditional zoning petition shall be accompanied by
324 a certificate of title, prepared and signed by an attorney licensed to
325 practice law in the Commonwealth of Virginia. The title certificate shall
326 describe the property that is the subject of the petition and shall identify all
327 parties having a recorded interest in the property, including legal and
328 equitable owners, and shall state the source of title or interest for each
329 party. The certificate of title shall state the date through which the attorney
330 examined the title to the property, which date shall not be more than six
331 (6) months prior to the date of the filing of the petition. The city attorney
332 shall reject any certificate of tifile which, in his opinion, is incomplete or is
333 otherwise insufficient.
334
335 Parties to sign the pFe#e? conditional zoninq aqreement. The vw+ttCtY
336 pFe#e? conditional zoning aqreement shall name, as grantors, all owners
337 of the property and shall be signed by all such parties. In the event that
338 the applicant for the rezoning is a contract purchaser, such purchaser
339 shall also be rnade a party to the pFe#er agreement, as a rq antor-and-skaN
340 The
341 a IL? city attorney #s mav require that any additional person;
342 firm, or business entity be made a party af+d
343 the-preffer to the agreement, when, in his opinion, the inclusion of
344 such person, ', or entitv is necessary or
345 appropriate in order to protect the city's interest, and may -PJor shall-##e
346 b
347 require that the pFe#e? aqreement be approved by a court of competent
348 jurisdiction ' , when
349 #4e such approval of the court is, in his opinion, necessary.
350
351
9
II
352 COMMENT
353
354 The amendments are technical in nature; in particular, they distinguish between "proffers," which
355 are individual conditions of rezoning, and "conditional zoning agreements," which are the documents that
356 contain the proffers.
357
358 q}n Procedure #sr-pre#er-ing (planning commission)
359
360 (a) Any rezening applicant for a change of zoninq district classification
361 may e+} submit a
362 conditional zoning aqreement containinq
363 proffered conditions of such chanqe of zoninq district classification
364 pe#a#ien. Such aqreement, together with the title
365 certificate d°..Gr;"°d in 6uh_oG+inn ,.+;, shall be submitted to the
366 planning director as-part-o# with the a-ppI+satien petition for chanae
367 of zoninq district classification.
368
369 ,
370 ble
371
372 .
373 ftor rooo;n+ l,f +ho r.,.,r„?or?. .,...,. .., t .. ... ? The planning director shall include,
374 in his report to the planning commission such commentarv on the
375 individual or collective proffers contained in the aqreement as will
376 assist the planning commission and city council in determininq the
377 aparopriate action to take on the petition
378
379
380 , ,
381
382
383
384 ?,
385 1
386
•
387 irlontifiorJ r+rnhlom..?
?..
388
10
389 , if any, adentmf*ed 390 , aFe insUffiGieRt to offset thern,
391 ?
392
393
394 t,
395
396 ,
397 adequately , 39$ , .
399 ; and
400
401 ,
402
403 ive, and within seventy fove (75) day6 4 posotive.
404
405
406 .
407 ,
408 ,
409 w4
410 ,
411 Gash i ,
412 ,
413
414 heaFing , mn hms opinion,
415 . Upen
416 ,
417 .
418
419
420 rezonong, , . 421 , ' "-?-; °';en---e#
422 , ? ? iGn may
423 , 'th the GenGUrrence of the petitloner,
424 ,
425
426 , .
427 i ,
11
428 c-euns-ion t#e ;-,anner-e#-aN-rez-sn+ngs-T# ' ; ' -#he
429 , ,
430 preffers. ,
431 ,
432
433
434
435
436 ,
437
438 .
439 ,
440
441 . &-of
442 .
443
4.44 COMMENT
445
446 The amendments eliminate language that is either unnecessarily specific or pertains to matters that
447 are covered elsewhere in this subsection in a more readable form.
448
449 (b) In the event the applicant submits a modified conditional zoninq
450 aqreement after the filing of the petition but prior to the pubiic
451 hearing before the planninq commission such petition shall not be
452 considered bv the planning commission except to allow its deferral,
453 unless such modified conditional zoning aqreement meets the
454 requirements of this section and has been been received by the
455 planninq director no later than the close of business twentv-one
456 (21) days prior to but not including the date of the public hearinq
457 before the planninq commission.
458
459 CUMMENT
460
461 The amendments change the date by which the applicant must submit a condifional zoning
462 agreement that he or she has modified after initially submitting it from fifteen to trventy-one days prior to,
463 but not including, the Planning Commission meeting.
464
465 (c) The planning commission shall recommend to the city council
466 approval or denial of the petition and may in addition recommend
12
467 that one or more of the proffers contained in the conditional zoninq
468 aqreement be rejected or modified or that new proffers be added.
469
470 COMMENT
471
472 The amendments restate current law, and make it clear that the Planning Commission may
473 recommend that proffers be modified, as well as added or deleted
474
475 (-?} (7) Procedure (city council).
476
477 (a) Unless the application is deferred or withdrawn, the city council
478 shall approve or deny the petition and mav, in approvinq the
479 petition accept all 4he proffers contained in the aqreement or
480 accept some and reject the remainder of such proffers. No proffer
481 shall be modified or added by the city council unless such modified
482 or added proffer is contained in a conditional zoninq aqreement
483 meetinq the requirements of this section that was received by the
484 planninq director no later than the close of business ten (10) davs
485 prior to but not includinq the date of the public hearinq before the
486 city council at which the conditional zoninq aqreement containinq
487 such proffer is considered.
488
489 COMMENT
490
491 The amendments restate current provisions in this section in a more readable form.
492
493 (b) The procedure for the consideration of petitions for conditional
494 change of zoninq district classification shall in all other respects be
495 the as set forth in subsections (a) throuqh (q).
496
497 COMMENT
498
499 The amendments make it clear that the procedure for hearing conditional zoning applications is
500 ' covered by the provisions relating to other types of application, except to the extent they are treated
501 differently by this subsection (subsection (h)).
502
503 (8) Recordation.
504
505 (a) . If the city
,?-?r??,??
506 council approves the rezen-ing petition ???-aGGepts-t"° ?^
13
507 pra#e?, the city attorney -shall, within ten (10) days of the city
508 council's action, examine the appropriate records so as to
509 determine whether any material change in the i^*°n ownership
510 of the property has occurred since the date of the title certificate
511 d° ^ro"°d o^ su"s°Gt'o" ;^.;. In the event that the city attorney
512 determines that no such material change iT, ^ O^,-R,terest has occurred,
513 he shall, w"t"*Rn t"e saffid--teR-day-peF+? present the prof#e?
514 conditional zoning agreement to the clerk of the circuit court for
515 recordation. If the city attorney determines that a material change +n
516 * ?+°?t T^ of ownership of the property has taken place, and that, in
517 his opinion, such change may adversely affect the city's interest, he
518 shall so notify the
519 . ,
520
521
522 attorney's .
523 :
524 ? p"
525 ? in sixty (60) days of the date of the Gity atterney's letteF,
526 `l.- °t t`"e
a
527 e
i , , in its legislat
528 i ,
529
530
531
532 , th-e
533 •
534 '
535 f
536
537 city council bv letter. Any member of the
538 city council mav thereafter move to reconsider the petition in
539 accordance with the provisions of subsection (fl; provided,
540 ? however, that anv such motion may be made within thirty (30) davs
541 after the date of the notice from the city attorney.
542
543
14
544 COMMENT
545
546 The amendments: (1) require City Attorney to determine whether any change in ownership of the
547 property between the City Council approval and recordation of the conditional zoning agreement in the
548 Circuit Court Clerk's Off?ce is material; and (2) specify that the City Attorney must simply notify the City
549 Council if he determines that any change in ownership of the subject property may be detrimental to the
550 City, rather than set in motion a lengthy and complicated process that is highly unlikely to be needed in
551 tight of the fact that conditions of a rezoning (i.e., proffers) run with the land so as to bind all subsequent
552 owners of the property that was rezoned. Once notified, any member of the City Council may, by motion,
553 initiate a reconsideration of the application within thirty days (Lines 537-541).
554
555 (b) The failure to record any conditional zoninq aqreement shall not
556 relieve the applicant or any other person or entity who is bound by
557 the provisions of such aqreement includinq anv successor in
558 interest to an original partv to the agreement from performance of
559 the covenants or conditions contained in the aqreement accordinq
560 to their terms nor shall the failure to record anv such aqreement
561 ' affect the validitv or enforceabilitv of the action of the city council.
562
563 COMMENT
564
565 The amendments provide that the failure to record an approved conditional zoning agreement with
566 the Cierk of the Circuit Court does not affect the validity or enforceability of the City Council's approval.
567 This provisions restates existing law, which does not require that conditional zoning agreements be
568 recorded with the Clerk of the Circuit Court in order to be effective.
569
570 (9) Effect of reeerded proffers. Once accepted
571 arneRdmeRz-W-#hc---ZsRing ^rda"Ge by the city council, su& the
572 conditions shall continue in full force and effect until a subsequent
573 amendment changes the zoning on the property covered by such
574 conditions; provided, however, that such conditions shall continue if the
575 subsequent amendment is part of the comprehensive implementation of a
576 new or substantially revised zoning ordinance. The adoption af codes or
577 amendments applicable to all or a substantial portion of any Strategic
578 Growth Area designated in the Comprehensive Plan shall not be deemed
579 to be part of a comprehensive implementation of a new or substantially
580 revised zoning ordinance. The zoning administration officer is hereby
581 vested with all necessary authority to enforce such conditions.
582
15
583 (10) Amendments to accepted proffers. No amendment shall be made to any
584 accepted proffer except in the manner of a new rezoning app4satien
585 etp ition as set forth herein.
586
587 COMMENT
588
589 The amendments make technical changes not having any substantive effect.
590
591 (i) Petitions not meeting minimum requirements. Any petition for which the
592 parcel involved or structure on the parcel does not meet the minimum a-Fea--e?
593 dimensional ?eStFiGtions requirements of the proposed zoninq district shall be processed
594 nevertheless, but shall not be approved by the cit council unless it finds that either
595 special circumstances pertinent to the site or
596 the proposed conditions of rezoninq satisfaGtOFilY
597 adequatelv offset the negative effects inhere? ?,?-i^-the-ar of the
598 deficiency. In addition the city council may for good cause shown and upon a findinq
599 that there will be no siqnificant detrimental effects on surroundinq properties, accept
600 proffered conditions reasonably deviatinq from the setback landscapinq and minimum
601 lot area requirements and heiqht restrictions except as provided in Section 202(b),
602 otherwise applicable to the proposed development. No such deviation shall be in
603 conflict with the applicable provisions of the comprehensive plan.
604
605 COMMENT
606
607 The amendments allow the City Council to accept proffered conditions reasonably deviating
608 from the setback, landscaping and minimum lot area requirements and height restrictions of the
609 CZO (except as to navigation hazards) upon a 6nding that there will be no significant detrimental
610 effects on surrounding properties. Such deviations may not conflict with the Comprehensive Plan
611 (Lines 597-603). The added language is substantially the same as the language giving the City
612 similar authority in the context of conditional use permit applications.
613
614 Adopted by the City Council of the City of Virginia Beach on the day
615 of , 2013.
616 ,
617
618 CA-12382
619 November 8, 2012
620 R-2
621
622
16
623 APPROVED AS TO CONTENT:
624 €
625 ?.
626
627 Planning epartment
APPROVED AS TO LEGAL SUFFIC NCY:
,
City Attorney's Office
17
-33-
Item -VI-J.5
ORDINANCES/RESOL UTIONS ITEM #62381
Upon motion by Vice Mayor Jones, seconded by Councilmarz Dyer, Ciry Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT and APPROPRIATE:
a. $1,600,000 from the U.S. Federal EmeYgency Management Administration
(FEMA) to the Operating Budget of the Fire Department re deployment of the
Virginia Task Force 2 for Hurricane Sandy
b. $935, 000 from the Tourism Advertising Program Special Revenue Fund to the
Operating Budget of the Convention and Visitors Bureau re advertising and
marketing
c. $294,192 from the State Compensation Board to the Clerk of the Circuit Court's
Technology Trust Fund for technology related expenses
d. $19,600 from the Virginia Departrnent of Environmental Quality (DEQ) to
Public Works and Parks and Recreation to encourage recycling and litter
abatement
e. $12,962 from the U.S. Department of Justice to the OpeYating Budgets of the
Police and the Sheriff re bullet proof vests
f. ,$12, 024 from the Sheriff's Special Revenue Fund to the Operating Budget of the
Sheriffs Office re a contribution to the Supplemental Retirement Plan
Poting: 10-0
Council Members Tjoting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
November 27, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
AN ORDINANCE TO APPROPRIATE FUNDS
FOR THE VIRGINIA TASK FORCE 2 URBAN
SEARCH AND RESCUE TEAM DEPLOYMENT
RELATED TO HURRICANE SANDY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $1,600,000 in funding from the United States Federal Emergency
Management Administration is hereby appropriated, with estimated federal revenue
increased accordingly, to FY 2012-13 Operating Budget of the Fire Department for the
deployment of the Virginia Task Force 2 to assist in the Hurricane Sandy search and
rescue efforts.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 7t h day
Of November , 2012.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
?
Cit 's Office
CA12472
R-1
November 9, 2012
U.S. Department of Hometand Security
? FEMA Urban Search & Rescue ?
Action Order Form
? r#: 2012-0032
ACTNATtON ORDER FEMA
A Task Force Representative must reply with the Sponsoring Agency's acceptance or refusal of this Order, within one hour of its distribution,
to the National Res onse Coordination Center NRCC ESF #9 SAR Desk b email or hone contact info rovided in Section
1. Everr# tnfarmatian:
>> EYe,?r,ar,e Hurricane Sand
2) Evern desaipuon Hurricane Sandy is a large storm bearing down on the eastem U.S. seaboard. The storm has the potential for
widespread damage from storm surge, inland flooding and high winds.
3) Action requestor: .i NRCC RRCC HQ 4) ARF # requesting this actlon: N/A
s) other US&R resources
involved in this event. Red IST 8 FSARCG (both deploying to the US&R warehouse - Herndon, VA)_
I
Further information can be obtained from the US&R Branch or from NRCC ESF #9 Desk.
11. Resource tnformation:
1) ussR resoo« reyuescea: Red Incident Support Team (See attached roster)
z) US&R resource type: US&R IST
3) # of personnel approved:
I
42
I
4) # of Ground Suppo
Personnel GSP a roved:
5
5) order ertective date & time: 10128I12 12:00 AM e> lime zone EDT Ensure comptiance vvith US&R Program Directive 2005-017
No additional positions, personnel or equipment are to be included in this response without written approval from the US&R Sranch.
Itl. Destination information:
1) Meuwd of travec AIR and/or GROUND 2) Amval date & time no later man (NLT). 10/29112 8:00 AM s) zime zone: EDT
a) oestination name: US&R HetttdOfl W8r2hOUSG
s) AaaresS: 13990 Park Center Road, Building 9
ciiy: Herndon stace: VA zip. 20171-3222
s) oestinauon Poc: $rian GiSh (IST POAM) 7) PoC Phone: (949) 246-0515
?
Task Force vehicles utilized for this response must comply with US&R Program Directive 2011-014 - Revised Convay Standard. !
11/. Instructions / Authorizations: i
1) Qrderinstructions:
Per the Action Requestor You are being ACTIVATED as paR of an IST - Advance Element (IST-A) to supporf FEMA ESF #9 (US&R) activities. A list of
activated IST mem6ers is attached. YOU SHOULD MAKE PREPARATIONS TO DEPART IMMEDIATELY AS DIRECTED ABOVE. If current weather and
travel conditions warrant, please use caution and discretion in reportirtg by the NLT time specified. Your travel progress should be reported every two hours
o the NRCC ESF #9 Desk by email or phone (contact info provided in Section V).
,
?
!
Any airiine travel reservations must be made through National Travel at (800) 294-8283. ?
?j
!
2) Specific authorizations: SpenOing LimKS $Q Personnel Rehab hours: Q Cache Rehab hours: 0
The authorizations above are not to be exceeded without written approval from the US&R Branch.
Reimbursement of salaries, benefRs, backfill and other relabed costs for this mission will be in accordance with 44 CFR 208, the Response Cooperative
Agreement and the ARemorandum of Agreement beiween FEMA and the Sponsoring Agency for your task force.
V. Contact Information:
NRCCESF#90esk-Email: tBrTic-fitCC_5arUi?tDfiBt'r:c ClhS QoV Phor.e (202) 646-24d9
IST ESF-9 Leader Name: JOe Hip0111a Phone (202) 498-9093
IST ESF-9 Dep. Leader Name: TBD Phona
IST Leader Name: DBVe L@Sh Phone (951) 990-2300
IS7 Dep. Leader Name: D3Ve FIefO Phone (512) 350-3261
Vl. S ecial Instructions / Amendments:
I
V(I. FEMA A roval: VIIL Task Force onsorin A c A rova(: `
1) S,gnalure t> sigaature ? The Task Force: ?
aaepts this Order.
f
Titl_ /'?td?` '? !ct t Ti9e & TF ' declines this Order.
?
?
Any questions concemin this Order should be addressed to the NRCC 16SF #9 Desk or tfie US&R Branch at (202) 646-3498.
FEMA US&R Form 18-002 - Action Order (Sep91)
10/29/2012 10:07 FAX DHS-FEMA US&R 4 VA-TF2 Q001/002
U.S. Department of Homeland Securfty -:. :.
• ?-?
.
:
FEMA Urban Search & Rescue
7Y Action Order Form
#: 2012-0036
ACTiVATlON ORDER FEMrA
A Task Farce Representative must reply with the Sponsoring Agency's acoeptapce or refusal of this Order, within one hour of its distribu6on,
to the Na6onal Res onse Coordination Center NRCC ESF #9 SAR Desk b errtail or hone contact info rovided in Sectiort V.
1. Event Information:
+) Evencname: Hurricane Sand
2) Evem aescripfion: Humcane Sandy is a large storm bea(ng down on the eastern U.S. seaboard. The storm has the potential for
widespread damage €rom siarm surge, inland flooding and high winds.
3) Adion requestor: ? NRCC RRCC HQ 4) ARF # requesfitg this acdon: M/A
5) otner US&R resources Red IST 8 FSARCG {both deploying to the US&R warehouse - Herndon, VA}, MD-TF9 (activated in place) and VA-TF1
Involved In thls event: (aCtivated in plaCe).
Further information can be obtained (rom ihe US&R Branch or from NRCC ESF #9 Desk.
II: Resource infqrma tian:
>> usaR resourr,e requesied: VA-TF2, Virginia Urban Search & Rescue Task Force Two
2) ussrt resonrce rype: US&R 7ASK FORCE - TYPE I 3) # of personnel approved: 70 4) # o( Gtound Suppori
Personnel GSP a roved: 10
5) Order effective date & Urrec 10129112 40:00 AM s) Tane zone: EpT Ertsure compliance wlth US&R Program Directive 2005-017
No additional posit ions, parsonnet or equipment are to be included in this response without written approval from the US&R Branch.
IU, Destination Infor m8tian:
1? nnetdod ot uavel: HOLD IN PLACE 21 Arrival date s ume no later than (N?n: 10/29/12 2:00 PM 3) Time Zone: EDT
a) Des6nation name: fi/a
5) Address'
City: State: Zip:
8) Destieation POC: n/a 7) POC Phone: n/a
Task Force veFifcles utilized for tttiis response must comply with US&R Program Directive 2011-01 4 - Revised Convoy Standard.
N. Instructions I Authartzations:
1) Order instructions'
er the Actton Requestor your Task Foroe is being ACTtVATEa to support FENtA ESF #9 (US&R) activities. Staffing of the task force wilt 6e as indicated
above using ihe FEMA US&R organizational chart. With Task Foroe acceptance of this Order, in addition to the cost oi pharmaceuticals idenYiFed on the
urrent US&R Task Force Equipment Cache List, authorization is provided for emergency procurement of equipment and supplies identtfied on the
quipment cache C?st not to exceed the amount specified below. UNLESS DIREC7ED TO HOLD !N PLACE, UPON RECEIVtNG THIS ORDER YOU ARE
REQtJ1RED TO DEPART WITHIlJ 4 HOURS iF TRAVELfNG BY GROUND OR 6 HOURS IF TRAVELING BY AIR, any departure delay must be reAorted
immediately to the NRCC ESF #8 Desk. Your travel progress should be reported every two haurs to the NRCC ESF #9 Desk by email or phone (contact info
provided in SecUon V).
Prior to departure you must provide your Task Force roster (FEMA US&R Form 18-00'!) and a Deployment Vehicle 8 Contact List (FEMA US&R
Form 18-004) to to tha NRCC ESF #9 Desk by email (contact ip€o provided in Section V) or fax at (202) 646-2484. Contact the NRCC ESF 09 Desk to
verity that ali paperwork requirement§ have been completed.
2) Specific auNwrizations: Spending Limits: $Q Personnel Rehab hours: Q Cache Rehab hours: Q
The authorizations above are not to be exceeded without written approval from the US&R Branch.
Reimbursement of safaries, benefits, backfill and other related costs for this mission will be in accordance with 44 CFR 208, the Response Cooperative
Agreement and the Memotandum of Agteement between FEMA and the Sponsoring Agency for your task force.
V. Contact Information:
NRCC ESF #8 Qesk - Email: fGt1'12-rifCC-S?fU?iema.cli'??. ov Pnone: (202) 846-2448
Is'r ESf-9 l.eader Name: DiBnne Wilson Pnone: (816) 718-8697
IST ESF-9 Dep. Leatler Name: JO@ FEIpO?lIa Phone: (202) 498-9093
isr Leaaer Name: Dave Lesh Phone: (951) 990-2300
IST Dep. Leader Name: D8V@ Fi8r0 Pnone: (512) 350-3261
Vl. S eciai ins ructiops / Amendments:
A-Tf2 is authorized ta deploy wfth the existing non-Federal water operations equipment package on a reimburseable basis, as discussed with the US&R
Operations Soction Chief on ihis date. AddiEionally, VA-Tf2 is requested to deploy wiih personnel appropriatedly trained in evater aperations, embedded
w+ifiin the 70 rostered task force persannel. Further, VA-TF2 is authorized io rent two additional vehicles to facilitate movement of the water operations
equipment ii required.
!i. FEMA Approval: VIII. Task For S onsorin enc A roval:
1) Sigoature: 1) Signature! The Task Force:
L
AVJ LY, 4 0 ?1' M accepts this Order.
Titie: rinc s rF: ,?,,M ? declines this Order.
An uestions concernin this Order shoutd be addressed to the NRCC SF #9 Desk or e US&R Branch aE (202) 646-3498. _jI
FEMA US&R Form 18-002 -Aciion Order (Sep11)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
AN ORDINANCE TO APPROPRIATE $935,000 FROM
THE FUND BALANCE OF THE TOURISM
ADVERTISING PROGRAM SPECIAL REVENUE
FUND TO THE OPERATING BUDGET OF THE
CONVENTION AND VISITORS BUREAU FOR
ADVERTISING AND MARKETING EFFORTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $935,000 from the fund balance of the Tourism Advertising Program
Special Revenue Fund is hereby appropriated, with estimated revenue increased
accordingly, to the FY 2012-13 Operating Budget of the Convention and Visitors Bureau
for advertising and marketing efforts.
Adopted by the Council of the City of Virginia Beach, Virginia on the 2 7 t h day
of November , 2012.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
_ lJl??
,L a Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
J
i ' Office
CA12470
R-1
November 7, 2012
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE
2 REVENUES TO THE CLERK OF THE CIRCUIT COURT'S FY
3 2012-13 TECHNOLOGY TRUST FUND
4 WHEREAS, the Clerk of the Circuit Court has been approved for $294,192 of
5 reimbursements from the Virginia Compensation Board for technology purposes.
6
7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That $294,192 is hereby accepted from the State Compensation Board and
10 appropriated, with estimated state revenues increased accordingly, to the Clerk of the
11 Circuit Court's FY 2012-13 Technology Trust Fund for technology related expenses.
Ado?ted by the Council of the City of Virginia Beach, Virginia on th,_ 2 7t h day
Of Novem er 2012.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Management Services C? o s Office
CA 12467
R-1
November 7, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
AN ORDINANCE TO ACCEPT AND APPROPRIATE
FUNDING FROM THE VIRGINIA DEPARTMENT OF
ENVIRONMENTAL QUALITY CLEAN COMMUNITY
RECYCLING AND LITTER ABATEMENT GRANT
PROGRAM
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $19,600 is hereby accepted from the Virginia Department of Environmental
Quality and appropriated, with state revenues increased accordingly, to the Department
of Public Works ($15,680) and to the Department of Parks and Recreation ($3,920) for
efforts to encourage recycling and litter abatement.
Adopted by the Council of the City of Virginia Beach, Virginia on the 27t h day of
November 2012.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
Cit r y' ffice
CA12476
R-1
November 14, 2012
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 TO PURCHASE BULLET PROOF VESTS
3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA:
5 That $12,962 is hereby accepted from the U.S. Department of Justice and
6 appropriated, with estimated federal revenues increased accordingly, to the FY 2012-13
7 Operating Budgets of the Police Department in the amount of $8,425 and Sheriff's Office in
8 the amount of $4,537 to purchase bullet proof vests.
Ado?ted by the Council of the City of Virginia Beach, Virginia on the 2 7t h day
Of Novem er 2012.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
1
Cit or y' ffice
CA12469
R-1
November 7, 2012
1 AN ORDINANCE TO APPROPRIATE $12,024 FROM
2 THE FUND BALANCE OF THE SHERIFF'S
3 DEPARTMENT SPECIAL REVENUE FUND TO THE
4 FY 2012-13 OPERATING BUDGET OF THE
5 SHERIFF'S OFFICE FOR A CONTRIBUTION TO THE
6 SUPPLEMENTAL RETIREMENT PLAN
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 That $12,024 is hereby appropriated, with revenues increased accordingly, from
12 the fund balance of the Sheriff's Department Special Revenue Fund to the FY 2012-13
13 Operating Budget of the Sheriff's Office to provide contributions to the Supplemental
14 Retirement Plan in the amount of 2.5% (of salary) for eligible deputy sheriffs that were
15 excluded in the previous enrollment period and are now eligible.
Ad ted by the Council of the City of Virginia Beach, Virginia on the 2?th day
Of Novmeer .2012.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
X ee?zz(5t,4
anage en Services
APPROVED AS TO LEGAL SUFFICIENCY:
J
C' n Office
CA12471
R-2
November 14, 2012
-34-
Itena -VI-J.6
ORDINANCES/RESOL UTIONS ITEM #62382
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY
CONSENT, Ordinance to TRANSFER $162,315 within the School's FY2012-13 OperatingBudget.•
a. $148,873 from Instruction to Technology 106
b. $ 5, 094 from Administration to Operations afad Maintenance
c. $ 8,348 from Instruction to Operations and Maintenance
Voting: 9-1
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor
William D. Sessoms, Jr., John E. Uhrin and James L. Wood
Council Members Yoting Nay:
John D. Moss
Council Members Absent:
RosemaYy Wilson
November 27, 2012
1
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8
9
10
11
12
13
14
15
16
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AN ORDINANCE TO TRANSFER FUNDING WITHIN THE
FY 2012-13 SCHOOLS OPERATING BUDGET
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $162,315 is hereby transferred within the FY 2012-13 Schools Budget in the
amounts set forth below:
1. $148,873 from the Instruction Classification to the Schools Technology
Fund (106);
2. $5,094 from the Administration Classification to the Operations and
Maintenance Classification; and
3. $8,348 from the Instruction Classification to the Operations and
Maintenance Classification.
A?opted by the Council of the City of Virginia Beach, Virginia, on the 2 7t h
day of ovember , 2012.
APPROVED AS TO CONTENT
Management Services
CA12474
R-1
November 9, 2012
APPROVED AS TO LEGAL SUFFICIENCY:
f
? Ci r ' ffice
1
VIRGiNfA BEACH CITY PUBLIC SCHOOLS
n H e n o o F r H E c u a v e Daniel D. Edwards, Chairman
School Board of the City of Virginia Beach District 1- Centerville
2512 George Mason Drive
P.O. Box 6038
Virginia Beach, VA 23456-0038
(757) 263-1016
www.vbschools.com/schoolboard
James G. Merrill, Ed.D., Superintendent
Wiiliam J. "Bill" Brunke, IV, Vice-Chairman
District 7 - Princess Anne
Emma L. "Em" Davis, District 5- Lynnhaven
Hubert L. "Hugh" Greene, At-Large
Dorothy M. "Dottie" Holtz, At-Large
Brent N. Mckenzie, District 3- Rose Hall
Ashley K. McLeod, At-Large
Samuel G. "Sam" Reid, District 6- Beach
Patrick S. Salyer, District 2- Kempsville
D. Scott Seery, At-Large
Carolyn D. Weems, District 4- Bayside
RESOLUTION REGARDING FY 2011-12 BUDGET AND
REQUEST FOR CATEGORICAL/FUND TRANSFERS
WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year appropriated
funds to the School Board of the City of Virginia Beach, Virginia by major Category; and
WHEREAS, the Code of Virginia §22.1-115, as amended, requires that technology-related expenditures be made in
a separate Fund or Category; and
WHEREAS, the School Administration has determined that a number of schools and departments have
technology-related and operating-related spending needs that require categorical/fund transfers to enable such
purchases such as: laptop carts, computers, monitors, printers, iPads, and cover, computer supplies, contractual
services, maintenance and upgrades for the planetarium renovation project; and
WHEREAS, the following budget transfers are recommended by the School Administration:
• Total of $148,873 from Operating Fund 115 - Instruction to Technology Fund 106
• Total of $5,094 from Operating Fund 115 - Administration to Operations and Maintenance
• Total of $8,348 from Operating Fund 115 - Instruction to Operations and Maintenance; and
WHEREAS, these transfers are also necessary to appropriately expense and account for technology-related
expenses; and
WHEREAS, transfers between categories/funds must be approved by the City Council prior to expenditure of such
funds by the School Board.
NOW, THEREFORE, BE IT
RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds; and
FUR7HER RESOLVED: That the School Board requests that the City Council approve the budget categorical/funds
transfers shown above; and be it
FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School Board, and
the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the
City Council, the City Manager, and the City Clerk.
Adopted by the School Board of the City of Virginia Beach November 7, 2012
Daniel D. Edwards, Chairman
S E A L
ATTEST
OZA.r? U-
Dianne P. Alexander, Clerk of the Board
-35-
Itenz -VI-K
PLANNING
ITEM #62383
1. MOUNT OLYMPUS FITNESS, LLC/
GRET NECK SQUARE SHOPPING CENTER, LLC
2. CITY OF VIRGINIA BEACH
CONDITIONAL USE PERMIT
STREET CLOSLIRE
CHANGE OF ZONING
November 27, 2012
-36-
Itent -VI-IC
PLANNING
ITEM #62384
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION, BY CONSENT, Items 1 and 2a/b of the PLANNING AGENDA.
Voting: 10-0
Council MembeYS Voting Aye:
Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D.
Moss, Mayor Willian2 D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council MembeYS Voting Nay:
None
Council Members Absent:
Rosemary Wilson
November 27, 2012
-37-
Item -VI-K.1
PLANNING
ITEM #62385
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of MOUNT OLYMPUS FITNESS,
LLC/GREAT NECK SQUARE SHOPPING CENTER, LLC for a Conditional Use Permit re indoor
conimercial recreation / gymnasium at 2116 Great Neck Square Shopping Center DISTRICT S-
LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of MOUNT OLYMPUS FITNESS,
LLC/GREAT NECK SQUARE SHOPPING CENTER, LLC for a
Conditional Use Permit re indoor commercial recreation / gymnasium at
2116 Great Neck Square Shopping Center (GPIN24082 7952 7) DISTRICT S
- LYNNHAVEN
The following condition shall be required:
1. The applicant shall obtain all necessary permits and inspections from the Permits and
Inspections Division of the Planning Department and Fire Department as well as a
Certificate of Occupancy fronz the Building Official before issuance of a business
license.
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-Seventh day of
November, Two Thousand Twelve
Voting: 10-0
Council Members Poting Aye:
Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
November 27, 2012
-38-
Itent -VI-K.2a
PLANNING
ITEM #62386
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of the CITY OF VIRGINIA BEACH,
DISTRICT 4 - BAYSIDE
a. Street Closure for Lake Avenue and Oak Street and portions of Locust Crescent and
Ellis Avenue
The following conditions shall be required:
The City Attorney's Office will make the final determination regai°ding
ownership of the underlying fee. The purchase price to be paid to the
City is normally determined according to the "Policy Regarding
Purchase of City's Interest in Streets Pursuant to Street Closures "
approved by City Council. Copies of the policy are available in the
Planning Department. No purchase price shall be charged in these
street closures because the City is both the Owner of the underlying fee
and the Applicant.
2. The Applicant shall resubdivide the property and vacate internal lot lines
to incorporate the closed areas into the adjoining parcels. The plat must
be submitted and approved for recordation prior to final street closure
approval.
3. The Applicant shall provide the City of Norfolk with the access
easements reserved in the deed from the City of Norfolk to the City of
Virginia Beach
4. The Applicant shall verify that no private utilities exist within the rights-
of-way proposed for closure. Preliminary comments from the utiliry
companies indicate that there are no private utilities within the rights-of-
way proposed for closure. If private utilities do exist, easements
satisfactory to the utility company must be provided.
5. Closure of the rights-of-way shall be contingent upon compliance with
the above stated conditions within 365 days of approval by City Council.
If the conditions noted above are not accomplished and the final plat is
not approved within one (1) year of the City Council vote to close the
rights-of-way, this approval shall be considered null and void.
This Ordinance shall be effective in accordance with Section 107(o of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Seventh day of
November, Two Thousand Twelve
November 27, 2012
? II
Item -VI-K.2a
PLANNING
Voting: 10-0
Council Members Voting Aye:
-39-
ITEM #62386(Continued)
Glenn R. Davis, William R. "Bill " DeSteph,
M. Dyer, Barbara M. Henley, Vice Mayor
Moss, Mayor William D. Sessoms, Jr., John
Wood
Coitfzcil Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
Harry E. Diezel, Robert
Louis R. Jones, John D.
E. Uhrin and James L.
November 27, 2012
1 ORDINANCE APPROVING APPLICATION
2 OF THE CITY OF VIRGINIA BEACH FOR
3 THE CLOSURE OF LAKE AVENUE, OAK
4 STREET, AND PORTIONS OF LOCUST
5 CRESCENT AND ELLIS AVENUE
6
7 WHEREAS, City of Virginia Beach (the "Applicant") applied to the Council
8 of the City of Virginia Beach, Virginia, to have the hereinafter described rights-of-way
9 discontinued, closed, and vacated; and
10
11 WHEREAS, it is the judgment of the Council that said portions of rights-of-
12 way be discontinued, closed, and vacated, subject to certain conditions having been
13 met on or before one (1) year from City Council's adoption of this Ordinance;
14
15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
16 Virginia Beach, Virginia:
17
18 SECTION I
19
20 That the hereinafter described street be discontinued, closed and vacated,
21 subject to certain conditions being met on or before one (1) year from City Council's
22 adoption of this ordinance:
23
24 ALL THAT certain lot, tract, or parcel of land, together with
25 the improvements thereon belonging, lying, situate and
26 being in the City of Virginia Beach, Virginia and shown as
27 the hatched area designated as "AREA OF STREET
28 CLOSURE 55,214 SF 1.2675 AC.", as shown on that certain
29 plat entitled: "EXHIBIT SHOWING A CLOSURE OF A
30 PORTION OF LOCUST CRESCENT (FORMERLY ELM
31 STREET - M.B. 3, PG. 171) & A PORTION OF ELLIS
32 AVENUE (FORMERLY PINE STREET - M.B. 3, PG. 171)
33 AND A CLOSURE OF LAKE AVENUE AND OAK STREET
34 (M. B. 3, PG. 171)", dated November 7, 2011, prepared by
35 Patten Harris Rust & Associates, attached hereto as Exhibit
36 A.
37
38
39
40 GPIN: City right-of-way no GPIN assigned (Adjacent to 1469-52-7035, 1469-52-3280,
41 1469-52-5130, 1469-52-4277, 1469-52-4476, 1469-52-5403, 1469-52-6306, 1469-52-
42 7336, 1469-52-7421, 1469-52-9638 and 1469-62-7175)
1
43 SECTION II
44
45 The following conditions must be met on or before one (1) year from City
46 Council's adoption of this ordinance:
47
48 1. The City Attorney's Office will make the final determination
49 regarding ownership of the underlying fee. The purchase price to be paid to the City is
50 normally determined according to the "Policy Regarding Purchase of City's Interest in
51 Streets Pursuant to Street Closures" approved by City Council. Copies of the policy are
52 available in the Planning Department. No purchase price shall be charged in this street
53 closure, however, because the City is both the owner of the underlying fee and the
54 Applicant seeking this street closure.
55
56 2. The Applicant shall resubdivide the property and vacate internal lot
57 lines to incorporate the closed areas into the adjoining parcels. The plat must be
58 submitted and approved for recordation prior to final street closure approval.
59
60 3. The Applicant shall provide the City of Norfolk with the access
61 easements reserved in the deed from the City of Norfolk to the City of Virginia Beach.
62
63 4. The Applicant shall verify that no private utilities exist within the
64 right-of-way proposed for closure. Preliminary comments from the utility companies
65 indicate that there are no private utilities within the right-of-way proposed for closure. If
66 private utilities do exist, the applicant shall provide easements satisfactory to the utility
67 companies.
68
69 5. Closure of the right-of-way shall be contingent upon compliance
70 with the above stated conditions within one (1) year of approval by City Council. If all
71 conditions noted above are not in compliance within one (1) year of the City Council
72 vote to close the street, this approval will be considered null and void.
73
74 SECTION III
75
76 1. If the preceding conditions are not fulfilled on or before November
77 26, 2013, this Ordinance will be deemed null and void without further action by the City
78 Council.
79
80 2. If all conditions are met on or before November 26, the date of final
81 closure is the date the street closure ordinance is recorded by the City Attorney.
82
83 3. The City Manager or his designee is authorized to execute
84 whatever documents, if any, that may be required to comply with the preceeding
85 conditions, provided said documents are approved by the City Attorney's Office.
2
gg SECTION IV
87
88 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
89 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
90 OF VIRGINIA BEACH as "Grantor" and "Grantee".
91
92 Adopted by the Council of the City of Virginia Beach, Virginia, on this
93 27th day of November , 2012.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney '
CA12391
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R-1
November 16, 2012
Plarining
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APPROVED AS TO CONTENT:
FOR LOT OWNER INFORMA ON FOR
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MERIDlAN REFERENCE:
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198311993 (HARN) (U. S. SURVEY f OOT)
I.INE TABLE
LINE BEARING DISTANCE
L1 N38'20'40"E 49.95'
L2 N51'37'16"W 75.00'
L3 N3$'23'54"E 39.96'
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)ENTIFIER PARCEL & OWNER
?A LOTS 9, 10 - BLOCK 2
INST.#20060522000771?J/F CiTY OF VIRGINIA380 (PLAT)
?C
BEACH
INST.#20060706001024770 (DEED)
INST.#20060522000771420 (PLAT)
GPIN 1469-52-6306
D? A PORTIQN OF LOTS 23, 24, 25 &
26 - BLOCK 2
N/F CIT'Y OF VIRGINIA BEACH
INST.?f2006Q706001024770 (DEED)
INST.#20060522000771400 (PLAT)
GPIN 1469-52-5486
INST.#20060706001BLOCK 2024770 (DEED)
GPIN 1469-52-4486
N/F LOTS 12 CITY -20 OF - VIRGINiA BEACH
LOT 11 - BLOCK 2
N jF GITY QF V?RGINIA BEACH
INST.#20081120Q01335970
M.B. 3, PG. 171
GPIN 1469-52-5403
E? A PORTION OF lOT 27 - BLOCK 2
N/F CITY OF VlRGINIA BEACH
INST.#20060706001024770 (DEED)
INST.#20060522000771400 (PLAT)
GPIN 1469-52-6433
F? IOTS 28, 29 - BLOCK 2
N/F AUGUSTUS COSTON
D.S. 96, PG. 79
M.B. 3, PG. 171
GPIN 1469-52-6482
? LQTS 30, 31 - BLOCK 2
N/F CITY QF VIRGINIA BEAGH
INST.#20060706001024770 (DEED)
INST.#20060522000771410 (PLAT)
GPlN 1469--52-7421
H? lQT 32 - BLOCK 2
N/F CITY OF VIRGINIA BEACH
INST.#20080619000727770
M.B. 3, PG. 171
GPIN 1469-52-7336
(D PARCEI. A
NfF CITY OF VIRGINIA BEACH
INST.#20060706001024770 (DEED)
INST.#20060522000771350 (PLAT)
GPIN 1469-52-9638
IDENTIFIER PARCEL & OWNER
J? LAKE SMIThI
N jF ClTY OF NORFOLK
INST.#20060522000771350 (PLAT)
D.B. 51, PG. 10
GPIN 1469-62-7175
K? LO7S 21-32 - BLOCK 3
N/F CITY OF VIRGINIA BEACH
INST.#20060706001024770 (DEED)
INST.#20060522000771390 (PLAT)
GPIN 1469-52-4277
? A PQR110N OF LOTS 1-8, AND
ALL OF LOTS 9-19 - BLOCK 3
N/F CITY OF VIRGINIA BEA GH
INST.#20060706001024770 (DEED)
INST.#20060522000771390 (PLAT)
GPIN 1469-52-3280
?M LOT 20 - BLOCK 3
N/F CITY OF 41RGINIA BEA CH
INST,#20060706001024770 (DEED)
INST.#20060522000771390 (PLAT)
GPIN 1469-52-5130
EXH(81T SHQWING A CLOSURE OF
A PORTfON OF LOCUST CRESCENT
(FORMERLY ELM STREET - M.B. 3, PG. 171)
& A PORTiON QF ELLIS AVENUE
(FORMERLY PINE STREE? - M.B. 3, Pr. 171),
NLTH aF AND
A CLOSURE OF
LAKE AVENUE AND OAK STREET
(M.B, 3, PG. 171)
t' TIMQ'f?f 'F ft.ETCIiER VIRGINIA BEACH, V(RGINIA
I Lic. Na. 2516
A Patton Harris Rust & Assc?ciates
?Engineers. Surveyors. Pianners. Landscape Architects.
410 NORTH CENTER DRIVE, SUITE 100
? - Pj 4RA Norfolk, VA 23502
SHEET 2 OF 2 n T 757.497.7472 F 757.497.0250
liumwn; TFF °°: NOVEMBER 72011 lscdg: N A ` TFF r° °• 16700-1-14
EXHIBIT A
(Page 2 of 2)
-40-
Itenz -VI-K.2b
PLANNING
ITEM #62387
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of the CITY OF VIRGINIA BEACH,
DISTRICT 4 - BAYSIDE
b. Pleasure House Point Conditional Change oLZoning from PDH-1 Planned Unit
Development to P-1 Preservation at 3957 Marlin Bay Drive
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of the CITY OF VIRGINIA BEACH,
(GPINS 14892 79 73 6; 1489475533; 1489573361; 1589576761;
1489579049) DISTRICT 4 - BAYSIDE
Pleasure House Point Conditional Change ofZoninQfrom PDH-1 Planned Unit
Development to P-1 PYeservation at 3957 Marlin Bay Drive
This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Seventh day of
November, Two Thousand Twelve
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, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
November 27, 2012
-41-
ITEM VI-L
APPOINTMENTS ITEM #62388
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BOARD OF ZONING APPEALS
COMMUNITY POLICY AND MANAGEMENT TEAM (CSA)
COMMUNITY SERVICES BOARD - CSB
HISTORICAL REVIEW BOARD
SOUTHEASTERN PUBLIC SERVICE A UTHORITY
November 27, 2012
-42-
ITEM VI-L
APPOINTMENTS ITEM #62389
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Thomas H. Atherton, III
Ruth W. Bell
C. Gregory Johnson
Mrs. Jimmie A. Koch
Morton H. Savell
Reappointed: 2 YEAR TERM - 0110I12013 - I213112014
BOARD OF BUILDING CODE APPEALS (Building Maintenance Division)
Michael Swindell - Master Electrician
James S. Witcher - Master Electrician
ReappoiiZted: 2 YEAR TERM - 0110112013 -12/31/2014
BOARD OF BUILDING CODE APPEALS (Electrical Division)
William M. Davenport - Surveyor/Land Planner
Chris Ettell - State Registered General Contractor
Richard C. Hudson, III - Licensed General Contractor
Mark Ricketts - Licensed Engineer
Kenneth Rodman, Jr. - State Registered Engineer
Rick Savino - Licensed General Contractor
Robert L. Yoder - State Registered Licensed Architect
Reappointed:, 2 YEAR TERM - 0 I10I12013 -12/3l/2014
BOARD OF BUILDING CODE APPEALS (New Construction Division)
Travis Chick - Licensed General Contractor
Richard S. Corner - Licensed?Registered Architect
Peter C. Striffler - Licensed/Registered Engineer
James D. Wells - Licensed/Registered Building Contractor
Reappointed: 2 YEAR TERM - 0110I12013 -12/3l/2014
BOARD OF BUILDING CODE APPEALS (Plumbing and Mechanical Division)
November 27, 2012
-43-
ITEM VI-L
APPOINTMENTS ITEM #62389(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, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
November 27, 2012
-44-
ITEM VI-L
APPOINTMENTS ITEM #62390
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
F. DUDLEYFULTON
RICHARD G. POOLE
3 YEAR TERM 0110112013 -12/31/2015
CHESAPEAKE BAY PRESERVATION BOARD
Yoting.• 10-0 (By Consent)
Council Members Yoting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, JN., John E. Uhrin and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
November 27, 2012
-45-
ITEM VI-L
APPOINTMENTS ITEM #62391
Upon NOMINATION by Vice Mayor Jones, Ciry Council REAPPOINTED:
DR. MIRIAM VILLASECA
4 YEAR TERM 0110112013 - 12/31/2016
EASTERN VIRGINAI HEALTH SYSTEMS
Yoting: 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, John D. Moss,
Mayor William D. Sessoms, JY., John E. Uhrin and James L. Wood
Council Members Yoting Nay:
None
Council Members Absent:
Rosemary Wilson
November 27, 2012
-46-
ITEM VI-L
APPOINTMENTS ITEM #62392
Upon NOMINATION by Vice Mayor Jones, Ciry Council REAPPOINTED:
HARRIET FRENZEL
WILLIAM GAMBRELL
MARIANNE LITTLE
HENRYPEARSON
3 YEAR TERM 0110112013 - 121311201 S
HISTORCIAL PRESERVATION COMMISSION
Voting.• 10-0 (By Consent)
Council Members VotingAye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, JY., John E. Uhrin and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
November 27, 2012
-47-
ITEM VI-L
APPOINTMENTS ITEM #62393
Upon NOMINATION by Vice Mayor Jones, Ciry Council APPOINTED:
DOUGLAS ARTHUR McLIVERTY
NO TERM
PROCESS IMPROVEMENT STEERING COMMITTEE
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, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
November 27, 2012
-48-
ITEM VI-L
APPOINTMENTS ITEM #62394
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
NANCY CREECH
DAVID GROTH
3 YEAR TERM 0110112013 -12/31/2015
RESORT ADVISORY COMMISSION
Voting: 10-0 (By Consent)
Council Members Poting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
November 27, 2012
-49-
ITEM VI-L
APPOINTMENTS ITEM #62395
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
LUCYNTHIA JENNINGS RAWLS
Unexpired term thru 0613012014
SOCIAL SERVICES BOARD
Voting: 10-0 (By Consent)
Council Members Yoting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
November 27, 2012
-50-
ITEM VI-L
APPOINTMENTS ITEM #62396
Upon NOMINATION by Vice Mayor Jones, Ciry Council APPOINTED:
JAMES A. WOOD
4 YEAR TERM 0I10I12013 -12/31/2016
REAPPOINTED
CHRISTOPHER M. BEALE
4 YEAR TERM 0110112013 -12/31/2016
VIRGINAI BEACH COMMUNITY
DEVELOPMENT CORPORATION - VBCDC
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, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood
Council Members TTOting Nay:
None
Council Members Absent:
Rosemary Wilsofi
November 27, 2012
-51-
ITEM VI-M
UNFINISHED BUSINESS ITEM #62397
Mayor Sessoms stated he participated in a conference call with PeteY Luukko, President/COO - Comcast-
Spectacor and subsequent phone calls thereafter. Mr. Luukko is working on a long term lease Agreement
with a professional sports team and will provide the details to City Council at next Tuesday's meeting.
Mayor Sessoms believes the commitment from Comcast-Spectacor is $35-MILLION. Mayor Sessoms
intends to send a letter to the State asking for assistance for approximately $I50-MILLION, which leaves
the City's commitment around $195-MILLION. Mr. Luukko's presentation will outline the key deal point
to a non-bindinjz Agreement. Shortly after the presentation, City Council will consider enteYing into a
non-bindinQ Term Sheet. Mayor Sessoms is doing his very best to communicate any updates with the
GovernoY, LegislatoYS and Members of City Council.
November 27, 2012
-52-
Itenz -VI-O
ADJOURNMENT ITEM #62398
Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:27 P.M.
anda Finley-Barnes, CMC
Chief Deputy City Clerk
4uth Hodges ?raser, MCity Clerk
City of Virginia Beach
Virginia
Louis R. Jones
Vice Mayor
William D. Sessoms, Jr.
Mayor
November 27, 2012
-52-
Item -VI-O
ADJOURNMENT
ITEM #62398
Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:27 P.M.
?
Amanda in ey-Barnes, CMC
Chief Defiufy City Clerk
?? -
?--?
th Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
?. ?
4 1 [ .
Louis R. Jones
Vice Mayor
?
William D. Se oms, Jr.
Mayor
November 2 %, 2012