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SEPTEMBER 24, 2013CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne — District 7 JOHN D.MOSS, At -Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach — District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER — JAMES K. SPORE CITY ATTORNEY- MARK D. STILES CITY ASSESSOR — JERALD D. BANAGAN CITY AUDITOR— L YNDON S. REMIAS CITY CLERK — RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 24 September 2013 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Crycncl@vbgov.com I. CITY MANAGER'S BRIEFINGS - Conference Room - A. COMMUNITY LEGISLATIVE AGENDA Robert R. Matthias, Assistant to the City Manager B. REVITALIZATION OF THALIA FIRE and RESCUE STATION David L. Hansen, Deputy City Manager II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION A. B. C. - Conference Room - CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL COUNCIL RECESS TO CLOSED SESSION 4:00 PM 5:30PM . FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Rabbi Israel Zoberman Beth Chaverim Synagogue 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 September 10, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. LEASE OF CITY -OWNED PROPERTY — 2401 Nimmo Parkway 2. SALE OF EASEMENT OVER CITY -OWNED PROPERTY — Indian River Road 3. SALE OF EXCESS CITY -OWNED PROPERTIES — DISTRICT 6 - BEACH a. 221 Middle Lane b. 1535 and 1543 Michigan Avenue c. 204 and 208 Webster Place d. 1565, 1569, 1575 and 1579 Indiana Avenue e. 2240, 2244 and 2228 London Street f. 237 Gatewood Avenue g. 304 Roselynn Lane h. 413 Garcia Drive I. ORDINANCES 1. Ordinance to AMEND Section 21-358 of the City Code re penalties for violation of residential parking restrictions I 2. Ordinance to DECLARE a restrictive easement over City -owned properties off Indian River Road in the Interfacility Traffic Area (ITA) to be EXCESS and AUTHORIZE the City Manager to convey same to the United States of America (USA) 3. Ordinance to DECLARE parcels to be in EXCESS of the City's needs and AUTHORIZE the City Manager to SELL same to Bribra Building Corp. - DISTRICT 6 - BEACH a. 221 Middle Lane b. 1535 and 1543 Michigan Avenue c. 204 and 208 Webster Place d. 1565, 1569, 1575 and 1579 Indiana Avenue e. 2240 and 2244 London Street 4. Ordinance to DECLARE properties to be EXCESS of the City's needs and AUTHORIZE the City Manager to SELL same to adjoining property owners - DISTRICT 6 - BEACH a. 237 Gatewood Avenue b. 2228 London Street c. 304 Roselynn Lane d. 413 Garcia Drive 5. Ordinance to ESTABLISH a Capital project: "Enterprise Business Suite Applications"; TRANSFER $280,000 from the Reserve for Contingencies re the State required VRS Hybrid Retirement Plan and the City's updated Leave Policy; and, TRANSFER $36,513 from the Reserve for Contingencies to the Finance Department re funding for one Payroll Supervisor 6. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the Virginia Beach Court Appointed Special Advocates, Inc. re City -owned property at the Judicial Center Building, 2401 Nimmo Parkway (DISTRICT 7 — PRINCESS ANNE) 7. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property known as: a. Bass Inlet (aka Mill Creek/Pond): JOHN E. JR. and AUDREY D. SETTLE re a bulkhead, pier and boat lift at 2957 Sand Bend Road DISTRICT 7 — PRINCESS ANNE b. West Canal: PHILIP H. and CORI O. DAMUTH re a bulkhead, landscape buffer, wharf extensions and boat lift at 2305 Broad Bay Road DISTRICT 5 - LYNNHAVEN 8. Ordinances to ACCEPT and APPROPRIATE: a. $268,859 from the United States Field Hockey Association to the "Sportsplex/field Hockey National Training Center Repair/Renovations 1" re replacement of field turf at Field Number One b. $100,000 to the City's Beautification Fund re completion of tree planting projects c. United States Department of Transportation, National Highway Traffic Safety Administration via the Virginia Department of Motor Vehicles to the FY 2013-14 Operating Budget of the Police Department funds: (1) $65,102 and TRANSFER $32,551 re Police Officer overtime, equipment and enforcement of seat belt laws (2) $54,420 and TRANSFER $27,210 re Police Officer overtime, equipment and enforcement of DUI laws d. $54,000 from the United States Department of Homeland Security to the Operating Budget of the Fire Department re equipment for the Haz Mat Team J. PLANNING 1. Application of HOME ASSOCIATES for a Variance to Subdivision Regulations Section 4.4 (b), which requires all lots meet the requirements of the City Zoning Ordinance (CZO) to allow a lot line shifted to resolve an existing encroachment at 508 Forest Street DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 2. Application of COASTAL DEVELOPMENT VENTURES, INC. for a Street Closure re an unimproved right-of-way on Oak Lynn Path DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 3. Application of CREEDS RURITAN CLUB for Modification of Conditions Nos. 1-4 re a private club (approved November 28, 1995) at 1057 Princess Anne Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of VIRGINIA BEACH THEOLOGICAL SEMINARY for Modification of Conditions of a Conditional Use Permit for a church (granted on September 13, 1982, December 1985, January 1995 and modified on September 14, 2004) re a new monument -style sign at 2221 Centerville Turnpike DISTRICT 1 — CENTERVILLE RECOMMENDATION APPROVAL 5. Application of FRANK LIPOLI/ABACUS Modification of a Conditional Use Permit for outdoor recreation (approved on July 7, 2009) to add `Haunted Halloween' as an outdoor recreation at 1848 Princess Anne Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL I 6. Application of 493 SOUTH INDEPENDENCE BLVD, LLC. Conditional Use Permit re an automated car wash at 493 South Independence Boulevard DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 7. Application of CRESCENT COMMUNITY CENTER CORP for a Conditional Use Permit to construct a religious center at 2438 Salem Road DISTRICT 7 — PRINCESS ANNE DEFERRED SEPTEMBER 10, 2013 RECOMMENDATION APPROVAL 8. Applications of LILLEL FARMS, INC. at 2120 Centerville Turnpike DISTRICT 1 — CENTERVILLE a. Conditional Change of Zoning from B-2 Community Business and Conditional A-24 Apartment to Conditional A-24 Apartment (PD -H2 Planned Unit Development Overlay) re multi -family dwelling units b. Variance to Subdivision Regulations Section 4.1, which requires public street right-of- way widths to meet the City Zoning Ordinance (CZO) regulations to reduce the right-of- way width RECOMMENDATION APPROVAL 9. Application of KEMPDEL, INC. for a Conditional Change of Zoning from Conditional A-12 to Conditional A-12 (PD -H2 Planned United Development Overlay) [approved February 24, 2009] re dwellings at 881 Shurney Lane DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL K. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION PARKS and RECREATION COMMISSION WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ****************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* 2013 CITY HOLIDAYS Veterans Day - Alonday, November 11 Thanksgiving Day & Day after Thanksgiving November 28 & Friday, November 29 Christmas Eve (half -da)) - Tuesday„ .December 24 Christmas Day - fVednesday, December 25 2014 CITY COUNCIL RETREAT Economic Development Conference Room 8:30 A.M.-5:00 P.M JANUARY 6TH & 7TH, 2014 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 24, 2013 Mayor William D. Sessoms, Jr., called to order the City Council's Informal Session, in the City Council Conference Room, Tuesday, September 24, 2013, at 4:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Absent: None September 24, 2013 -2 - CITY MANAGER'S BRIEFING COMMUNITY LEGISLATIVE AGENDA ITEM #63119 4:00 P.M. Mayor Sessoms introduced Robert Matthias, Assistant to the City Manager. Mr. Matthias expressed his appreciation to City Council for their continued cooperation in preparing the Legislative Agenda. The City Manager requested the Legislative Agenda be broken into two separate packages: Long -Term Policy Positions and New Code/Policy Initiatives. 2014 Legislative Agenda General Assembly Session September 24, 2003 City Council Meeting September 24, 2013 -3 - CITY MANAGER'S BRIEFING COMMUNITY LEGISLATIVE AGENDA ITEM #63119(Continued) Below are the Long -Term Policy Positions: LONG-TERM POLICY POSITIONS Post -Labor Day Opening for Schools — Sponsored by the Virginia Beach City Council Expansion of the Virginia Human Rights Act — Sponsored by the Virginia Beach City Council Moratorium on Uranium Mining — Sponsored by the Virginia Beach City Council LONG-TERM POLICY POSITIONS Medicaid Expansion Position— Sponsored by the Virginia Beach City Council Continued Funding for Base Realignment and Closure (BRAC) Effort—Sponsored by the Virginia Beach City Council Increased Funding for Mental Healthcare —Sponsored by the Virginia Beach City Council September 24, 2013 -4 - CITY MANAGER'S BRIEFING COMMUNITY LEGISLATIVE AGENDA ITEM #63119(Continued) The City has several New Policy/Code Initiatives: Mayor Sessoms is sponsoring the Commonwealth Transportation Board appointments in requesting they be made by Congressional Districts as this is a much more equitable way to decide where the money goes. NEW POLICY/CODE INITIATIVES Commonwealth Transportation Board Appointments — Sponsored by Mayor William D. Sessoms, Jr. September 24, 2013 -5 - CITY MANAGER'S BRIEFING COMMUNITY LEGISLATIVE AGENDA ITEM #63119(Continued) In 2012, the Commonwealth Transportation Board appointment Bill passed, but died in the Senate. However, it appears there is a fairly good chance this will move forward in the 2014 General Assembly. Commonwealth Transportation Board Appointments Congressional Districts - 2010 Commonwealth Transportation Board Appointments September 24, 2013 -6 - CITY MANAGER'S BRIEFING COMMUNITY LEGISLATIVE AGENDA ITEM #63119(Continued) JLARC reviewed equity transportation funding. The City is requesting they take a comprehensive look at Transportation funding. NEW POLICY/CODE INITIATIVES JLARC Review of the Equity of Transportation Funding — Sponsored by Mayor William D. Sessoms, Jr. State Maintenance of Tolled Roadway Projects — Sponsored by Mayor William D. Sessoms, Jr. Commonwealth Transportation Board Appointments Current Membership Secretary of Transportation Commissioner of Transportation Director — Department of Rail and Public Transportation — Non -Voting Member 9 District Representatives based on 1920's Construction Districts including Northern Virginia 3 At -Large Urban 2 At -Large Rural 17 Members Membership 0 Proposed Membership Secretary of Transportation Commissioner of Transportation Director — Department of Rail and Public Transportation — Non -Voting Member 11 Members from equally populated Congressional Districts 3 At -Large Urban 2 At -Large Rural 19 Members September 24, 2013 -7 - CITY MANAGER'S BRIEFING COMMUNITY LEGISLATIVE AGENDA ITEM #63119(Continued) The Preservation of Private Riparian/Litoral Rights relates to Bay Beaches and establishing whether or not the City has an established right-of-way. NEW POLICY/CODE INITIATIVES Preservation of Private Riparian/Littoral Rights— Sponsored by Council Member James L. Wood Government Accounting Standards Board Requirement — Sponsored by Council Member Rosemary Wilson Mr. Matthias expressed his appreciation to City Council for their continued support and efforts in preparing the 2014Legislative Agenda. Mayor Sessoms thanked Mr. Matthias for his work. September 24, 2013 -8 - CITY MANAGER'S BRIEFING REVITALIZATION OF THALIA FIRE and RESCUE STATION ITEM #63120 4:31 P.M. Mayor Sessoms introduced Deputy City Manager David L. Hansen. Mr. Hansen expressed his excitement in presenting the Thalia Station Revitalization and Conversion proposal to City Council. Mr. Hansen introduced Steve Cover, Fire Chief to discuss the history of Company No. 7. Thalia Station Revitalization & Conversion FY13 Year End Funding Consideration 24 September 2013 DCM Dave Hansen EMS Chief Bruce Edwards Fire Chief Steve Cover September 24, 2013 -9 - CITY MANAGER'S BRIEFING REVITALIZATION OF THALIA FIRE and RESCUE STATION ITEM #63120(Continued) Chief Cover provided the background of Virginia Beach Fire Department's Company 7: VBFD Company 7 Background ➢ The Thalia Social Club voted to purchase fire equipment in May 1952 • They started purchasing equipment and storing it at a local church which was located on the current site of the Meyera E. Oberndorf Central Library ➢ Members paid $1.25 a month to belong to the Thalia Volunteer Fire Dept ➢ Company 7 (at its current address) opened in 1958 equipped with a 1951 Chevy fire truck ➢ Two bays were added in 1969 • Additional sleeping quarters were added on in 1977 ➢ At different times the station housed 2 fire engines and a salvage truck ➢ In 1975 the first paid firefighters were placed at Company 7 to drive the engine to the scene ➢ The station is currently one of the busiest in the City @ 2000 calls a year ➢ Upon opening the Town Center Fire Station — all fire personnel and equipment will be transferred to the new facility ➢ Thalia VFD will have no staff or equipment at the Thalia station ➢ Thalia VFD formally notified City Manager their request to terminate the lease Below are a few of the benefits this project will assist in achieving the Fire Department's Mission: Fire Department Mission Benefits ➢ Improves service delivery to our Citizens ➢ Relocates the FD Safety Officer towards the middle of the City ➢ Relocates Squad 10 to Town Center; More centrally located in the City; Better access to the Interstate, VB Blvd. & Shore Drive ➢ Increases number of response personnel into Town Center Area on initial alarms ➢ Ambulances to be housed at Woodstock and London Bridge; Reduces EMS call load on these Companies ➢ Moves Ladder 9 to Woodstock; Better distribution of Ladder Companies throughout the City ➢ Allows for continued ERS coverage into the Thalia Area September 24, 2013 -10 - CITY MANAGER'S BRIEFING REVITALIZATION OF THALIA FIRE and RESCUE STATION ITEM #63120(Continued) Bruce Edwards, EMS Chief, provided the benefits to the EMS Department's Mission: EMS Department Mission Benefits ➢ Enhanced geographic coverage with EMS and Fire responders coming from two locations instead of just one in the Town Center/Thalia area ➢ Creates a permanent EMS supervisor base in middle of the City ➢ Added capacity to deploy ambulances at Station 10 (Woodstock) and Station 3 (London Bridge) ➢ Inside parking for ambulances parked outside today ➢ Improves service delivery to our Citizens Thalia EMS Station Operations Plan ➢ EMS will relocate two existing ambulances to the Thalia station where two bays will be retained. ➢ Living quarters will be provided for up to five members. ➢ Crews from rescue squads across the City will staff one of these w/augmentation from career EMS paramedics as needed. ➢ EMS will establish a permanent base of operations with office and living quarters for its Shift Commander, call sign EMS5. ➢ Covered parking will be provided for the supervisor's vehicle. ➢ EMS5 is staffed around the clock by a career EMS officer, directing operations across the City. September 24, 2013 -11 - CITY MANAGER'S BRIEFING REVITALIZATION OF THALIA FIRE and RESCUE STATION ITEM #63120(Continued) Mr. Hansen advised, in November 2013, the Town Center Fire Station construction will be complete and neighbors in the Thalia Community are concerned about their safety with longer response times. The Thalia Station has numerous maintenance issues that will need to be addressed in order to continue operation: Thalia Station Maintenance Issues ➢ Electrical: • Electrical service needs to be upgraded • Electrical circuit wiring needs to be replaced • Emergency generator needs to be replaced • Fire alarm system needs to be replaced ➢ HVAC: • Through the wall HVAC units need to be replaced (average age +10 yrs) ➢ Painting: • Interior needs to be repainted ➢ Plumbing: • Sewer line needs to be replaced • Plumbing fixtures need to be replaced ➢ Structural: • Roof in need of replacement • Lintels on bay doors need to be replaced Below is the Maintenance History for the Thalia Station: Thalia Station Maintenance History 2010/2011 ELECTRICAL 22.00 $ 459.98 $ 135.44 $ 595.42 HVAC 44.25 $ 1,015.25 $ 1,741.29 $ 2,756.54 GENERAL 166.25 $ 2,553.20 $ 1,317.02 $ 3,870.22 TOTAL 232.50 $ 4,028.43 $ 3,193.75 $ 7,222.18 2011/2012 ELECTRICAL 31.00 $ 646.06 $ 192.46 $ 838.52 HVAC 47.00 $ 988.89 $ 795.05 $ 1,783.94 GENERAL 49.00 $ 815.36 $ 1,313.56 $ 2,128.92 TOTAL 127.00 $ 2,450.31 $ 2,301.07 $ 4,751.38 2012/2013 ELECTRICAL 8.00 $ 161.31 $ 31.54 $ 192.85 HVAC 42.00 $ 1,011.73 $ 466.18 $ 1,477.91 GENERAL 42.50 $ 651.54 $ 667.53 $ 1,319.07 TOTAL 92.50 $ 1,824.58 $ 1,165.25 $ 2,989.83 September 24, 2013 -12 - CITY MANAGER'S BRIEFING REVITALIZATION OF THALIA FIRE and RESCUE STATION ITEM #63120(Continued) Below is a cost estimate for the revitalization and conversion of the Thalia Station: Thalia Station Revitalization & Conversion Cost Estimate ➢ Design ➢ Construction o Civil/Access Road $122,000 o Architectural $324,000 o Mech/Elec/Plumbing $57,000 °Alerting System $50,000 Construction Total ➢ FF&E ➢ Contingencies Total Project 590,000 $553,000 $25,000 $67,000 $735,000 Thalia Station Revitalization & Conversion Thalia Dredged Material Transfer Facility CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC WORKS As part of the Thalia Dredged Material Transfer Facility project ✓ Two southern bays were to be removed from the station ✓ Funding to come from the Western Branch Dredging Project September 24, 2013 -13 - CITY MANAGER'S BRIEFING REVITALIZATION OF THALIA FIRE and RESCUE STATION ITEM #63120(Continued) Below is the Funding Strategy for this project: Funding Strategy >Funding Required: $735,000 > Recommended Funding: ■ Transfer -Western Branch Dredging $100,000 ■ Transfer -Chesapeake Beach FS $ 50,000 ■ Transfer -Town Center FS $ 85,000 ■ FY13 Year End Fund Balance $500,000 This project should be complete by April 2015: Thalia Station Revitalization & Conversion Time line D September 2013: Project approval D October 2013: Funding authorized to award design contract D April 2014: Design complete and DSC site plan approval D July 2014: Award construction contract D April 2015: Project complete and occupancy September 24, 2013 -14 - CITY MANAGER'S BRIEFING REVITALIZATION OF THALIA FIRE and RESCUE STATION ITEM #63120(Continued) Mayor Sessoms thanked Mr Hansen, Chief Cover and Chief Edwards for their work on this project. September 24, 2013 -15 - CITY COUNCIL COMMENTS 4:50 P.M. ITEM #63121 Councilman Wood advised the City of Virginia Beach and Sister Cities Association of Virginia Beach hosted, in celebration of the City's 50`" Anniversary, our three (3) Sister Cities (Miyazaki City, Japan; Moss, Norway; and North Down Borough Council, Northern Ireland) and two (2) "Friendship Cities" (San Juan del Sur, Nicaragua and Olongapo, Philippines, from Wednesday thru Sunday of this past week. The City Clerk, Ruth Fraser, did an incredible job in coordinating all of the activities and has worked extremely hard to make this such a successful visit. The daughter of the sculptor that created the "Norwegian Lady ", was the model for this wonderful piece of art at the Oceanfront, and a part of this Moss Delegation. "She actually looks like the statue, except she isn't green." The events included an International Student Art Show at MOCA and Councilman Wood presented the art from Olongapo to Mayor Sessoms as a gift. Mrs. Fraser did an amazing job and made this a wonderful and memorable event in celebration of the City's Fiftieth Anniversary (1963-2013) September 24, 2013 -16 - CITY COUNCIL COMMENTS ITEM #63122 Councilman Dyer also expressed his appreciation to Mrs. Fraser for a job well done. Councilman Dyer attended the International Gala at the Sandler Center on Saturday and stated it was a phenomenal show. The Governor's Arts Students (Voices of Virginia) are really a site to behold. September 24, 2013 -17 - CITY COUNCIL COMMENTS ITEM #63123 Councilman DeSteph attended today's Aquarium Board Meeting and saw a wonderful presentation on Bottle Nose Dolphins. A little over 300 have died and washed up on the East Coast this year. The bacteria that is responsible for the deaths has been identified. The City has experts from all over the United States working on this in an effort to stop the deaths. September 24, 2013 -18 - CITY COUNCIL COMMENTS ITEM #63124 Councilman DeSteph attended the Light Rail Open House and advised there were approximately 80-100 people in attendance. September 24, 2013 -19 - CITY COUNCIL COMMENTS ITEM #63125 Councilman DeSteph attended the Cape Henry Oyster Crush and really enjoyed himself. That was a nice event with great food. September 24, 2013 -20 - CITY COUNCIL COMMENTS ITEM #63126 Councilman DeSteph also attended the Fallen Hero's Event at Camp Pendleton and was pleased with the tremendous turnout. The event raised a lot of money for the cause. September 24, 2013 -21 - CITY COUNCIL COMMENTS ITEM #63127 Councilman Moss expressed his surprise and concern regarding the low graduation rate for local high schools. He would like the School Board to provide evidence of any initiatives they are taking to increase the graduation rate. September 24, 2013 -22 - CITY COUNCIL COMMENTS ITEM #63128 Council Lady Ross -Hammond advised a recent report from the FBI shows the City is rated the "Safest City to Live In" compared to other cities of similar population. September 24, 2013 -23 - CITY COUNCIL COMMENTS ITEM #63129 Council Lady Ross -Hammond also expressed her appreciation to Mrs. Fraser for all of her hard work in making the 506 Anniversary Celebration with the Sister and Friendship Cities a huge success. September 24, 2013 -24 - CITY COUNCIL COMMENTS ITEM #63130 Councilman Davis attended the International Gala on Saturday night and praised Mrs. Fraser for her efforts in making the event a huge success. September 24, 2013 -25 - CITY COUNCIL COMMENTS ITEM #63131 Mayor Sessoms also expressed his appreciation and gratitude to Mrs. Fraser and her tireless efforts to make this week a huge success. Mayor Sessoms also expressed his appreciation to Councilman Wood and his wife, Rebecca, for attending events he could not as his schedule would not permit. September 24, 2013 -26 - CITY COUNCIL COMMENTS ITEM #63132 Mayor Sessoms requested information regarding the cost to respond to the weekly FOIA Requests and how much is actually being received for reimbursement. Mayor Sessoms requested the City Attorney prepare a report to City Council. September 24, 2013 -27 - AGENDA REVIEW SESSION 4:59 P.M. ITEM #63133 BY CONSENSUS, the following shall compose the CONSENT AGENDA: A. ORDINANCES 1. Ordinance to AMEND Section 21-358 of the City Code re penalties for violation of residential parking restrictions 2. Ordinance to DECLARE a restrictive easement over City -owned properties off Indian River Road in the Interfacility Traffic Area (ITA) to be EXCESS and AUTHORIZE the City Manager to convey same to the United States of America (USA) 3. Ordinance to DECLARE parcels to be in EXCESS of the City's needs and AUTHORIZE the City Manager to SELL same to Bribra Building Corp. - DISTRICT 6 - BEACH a. 221 Middle Lane b. 1535 and 1543 Michigan Avenue c. 204 and 208 Webster Place d. 1565, 1569, 1575 and 1579 Indiana Avenue e. 2240 and 2244 London Street 4. Ordinance to DECLARE properties to be EXCESS of the City's needs and AUTHORIZE the City Manager to SELL same to adjoining property owners - DISTRICT 6 - BEACH a. 237 Gatewood Avenue b. 2228 London Street c. 304 Roselynn Lane d. 413 Garcia Drive 5. Ordinance to ESTABLISH a Capital project: "Enterprise Business Suite Applications "; TRANSFER $280, 000 from the Reserve for Contingencies re the State required VRS Hybrid Retirement Plan and the City's updated Leave Policy; and, TRANSFER $36,513 from the Reserve for Contingencies to the Finance Department re funding for one Payroll Supervisor 6. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the Virginia Beach Court Appointed Special Advocates, Inc. re City -owned property at the Judicial Center Building, 2401 Nimmo Parkway (DISTRICT 7 — PRINCESS ANNE) 7. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property known as: a. Bass Inlet (aka Mill Creek/Pond): JOHN E. JR. and AUDREYD. SETTLE re a bulkhead, pier and boat lift at 2957 Sand Bend Road DISTRICT 7 — PRINCESS ANNE b. West Canal: PHILIP H. and CORI O. DAMUTH re a bulkhead, landscape buffer, wharf extensions and boat lift at 2305 Broad Bay Road DISTRICT 5 - LYNNHAVEN September 24, 2013 -28 - AGENDA REVIEW SESSION ITEM #63133 (Continued) 8. Ordinances to ACCEPT and APPROPRIATE: a. $268,859 from the United States Field Hockey Association to the "Sportsplex/field Hockey National Training Center Repair/Renovations 1" re replacement of field turf at Field Number One b. $100,000 to the City's Beautification Fund re completion of tree planting projects c. United States Department of Transportation, National Highway Traffic Safety Administration via the Virginia Department of Motor Vehicles to the FY 2013-14 Operating Budget of the Police Department funds: (1) $65,102 and TRANSFER $32, 551 re Police Officer overtime, equipment and enforcement of seat belt laws (2) $54,420 and TRANSFER $27,210 re Police Officer overtime, equipment and enforcement of DUI laws d. $54,000 from the United States Department of Homeland Security to the Operating Budget of the Fire Department re equipment for the Haz Mat Team COUNCILMAN DeSTEPH and MOSS WILL VOTE VERBAL NAY ON ITEM #1 COUNCILMAN WOOD WILL ABSTAIN ON ITEM #3 COUNCILMAN MOSS WILL VOTE A VERBAL NAY ON ITEM #5 September 24, 2013 -29- A GENDA REVIEW SESSION ITEM #63133 (Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: J. PLANNING 1. Application of HOME ASSOCIATES for a Variance to Subdivision Regulations Section 4.4 (b), which requires all lots meet the requirements of the City Zoning Ordinance (CZO) to allow a lot line shifted to resolve an existing encroachment at 508 Forest Street DISTRICT 2 - KEMPSVILLE 2. Application of COASTAL DEVELOPMENT VENTURES, INC. for a Street Closure re an unimproved right-of-way on Oak Lynn Path DISTRICT 5 - LYNNHAVEN 3. Application of CREEDS RURITAN CLUB for Modification of Conditions Nos. 1-4 re a private club (approved November 28, 1995) at 1057 Princess Anne Road DISTRICT 7 - PRINCESS ANNE 4. Application of VIRGINIA BEACH THEOLOGICAL SEMINARY for Modification of Conditions of a Conditional Use Permit for a church (granted on September 13, 1982, December 1985, January 1995 and modified on September 14, 2004) re a new monument -style sign at 2221 Centerville Turnpike DISTRICT 1— CENTERVILLE 5. Application of FRANK LIPOLI/ABACUS Modification of a Conditional Use Permit for outdoor recreation (approved on July 7, 2009) to add `Haunted Halloween' as an outdoor recreation at 1848 Princess Anne Road DISTRICT 7 — PRINCESS ANNE 6. Application of 493 SOUTH INDEPENDENCE BLVD, LLC. Conditional Use Permit re an automated car wash at 493 South Independence Boulevard DISTRICT 2 — KEMPSVILLE 7. Application of CRESCENT COMMUNITY CENTER CORP for a Conditional Use Permit to construct a religious center at 2438 Salem Road DISTRICT 7 — PRINCESS ANNE 8. Applications of LILLEL FARMS, INC. at 2120 Centerville Turnpike DISTRICT 1 — CENTER VILLE a. Conditional Change of Zoning from B-2 Community Business and Conditional A-24 Apartment to Conditional A-24 Apartment (PD -H2 Planned Unit Development Overlay) re multi family dwelling units b. Variance to Subdivision Regulations Section 4.1, which requires public street right-of-way widths to meet the City Zoning Ordinance (CZO) regulations to reduce the right-of-way width September 24, 2013 -30 - AGENDA REVIEW SESSION ITEM #63133 (Continued) 9. Application of KEMPDEL, INC. for a Conditional Change of Zoning from Conditional A-12 to Conditional A-12 (PD -H2 Planned United Development Overlay) [approved February 24, 2009] re dwellings at 881 Shurney Lane DISTRICT 2 — KEMPSVILLE ITEM #6 WILL BE CONSIDERED SEPARATELY ITEM #7 WILL BE CONSIDERED SEPARATELY September 24, 2013 -31- ITEM#63134 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY -HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly -held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Princess Anne District September 24, 2013 -32- ITEM#63134 (Continued) Upon motion by Councilman Moss, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:03 P.M. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None (Closed Session 5: 03 P.M. 5:20 P.M.) September 24, 2013 -33 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL SEPTEMBER 24, 2013 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, September 24, 2013, at 6:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Absent: None INVOCATION: Rabbi Israel Zoberman Beth Chaverim Synagogue 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. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. September 24, 2013 -34 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Towne Realty ("Prudential"). Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identing any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of August 13, 2013, is hereby made a part of the record. September 24, 2013 Item -V-E CERTIFICATION -35- ITEM #63135 Upon motion by Councilman Dyer, seconded by Council Lady Henley, 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 were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 24, 2013 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #63134 Page 32, 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. h Hodges Fraser, MMC City Clerk September 24, 2013 Item -V-F.1 MINUTES -36- ITEM #63136 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of September 10, 2013. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining: William R. "Bill" DeSteph and Rosemary Wilson September 24, 2013 -37 - ADOPT AGENDA FOR FORMAL SESSION ITEM #6313 7 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 24, 2013 -38 - Item -V-H.1 PUBLIC HEARING ITEM #63138 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY -OWNED PROPERTY 2401 Nimmo Parkway There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. September 24, 2013 -39 - Item -V-H.2 PUBLIC HEARING ITEM #63139 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EASEMENT OVER CITY -OWNED PROPERTY Indian River Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. September 24, 2013 -40 - Item -V-H.3 PUBLIC HEARING ITEM #63140 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS CITY -OWNED PROPERTIES — DISTRICT 6 - BEACH a. 221 Middle Lane b. 1535 and 1543 Michigan Avenue c. 204 and 208 Webster Place d. 1565, 1569, 1575 and 1579 Indiana Avenue e. 2240, 2244 and 2228 London Street f. 237 Gatewood Avenue g. 304 Roselynn Lane h. 413 Garcia Drive There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. September 24, 2013 -41 - Item —V -I ORDINANCES ITEM #63141 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, BY CONSENT 1(DeSTEPH and MOSS VERBAL NAY), 2, 3a/b/c/d/e(WOOD ABSTAINING), 4a/b/c/d, 5(MOSS VERBAL NAY), 6, 7a/b and 8a/b/c(1/2)d of the CONSENT AGENDA, composed of Ordinances, Resolutions and the Planning Applications. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 24, 2013 -42 - Item -V-I.1 ORDINANCES ITEM #63142 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND Section 21-358 of the City Code re penalties for violation of residential parking restrictions effective immediately Voting.• 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, , Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: William R. "Bill" DeSteph John D. Moss Council Members Absent: None September 24, 2013 REQUESTED BY COUNCILMEMBERS ROSS-HAMMOND AND UHRIN 1 AN ORDINANCE TO AMEND SECTION 21-358 OF THE 2 CITY CODE PERTAINING TO PENALTIES FOR 3 VIOLATION OF RESIDENTIAL PARKING RESTRICTIONS 4 5 SECTION AMENDED: § 21-358 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 21-358 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 Sec. 21-358. Penalties for violation of residential parking restrictions. 13 (a) When a notice or citation is attached to a vehicle parked in violation of 14 Section 21-353, the owner may within fourteen (14) calendar days thereafter, 15 pay to the City Treasurer, in satisfaction of such violation, a penalty of thirty - 16 five dollars ($35.00) seventy dollars ($70.00). If such payment is not 17 postmarked or received by the City Treasurer within fourteen (14) calendar 18 days after receipt of such notice or citation, the penalty therefore shall be 19 seventy dollars ($70.00) one hundred forty dollars ($140.00). Additionally, any 20 vehicle parked in violation of Section 21-353 may be towed at the direction of 21 a law enforcement officer. 22 (b) The failure of any owner to make payment in accordance with subsection (a) 23 above or to present the notice or citation for a violation of Section 21-353 at 24 an office of the City Treasurer for certification to the General District Court 25 within thirty (30) days shall render such owner subject to a fine of not more 26 than fifty dollars ($50.00) in addition to the penalty set forth in subsection (a) 27 above. 28 (c) A violation of Sections 21-356 or 21-357 shall be punishable by a fine in an 29 amount not to exceed one hundred dollars ($100.00). 30 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 24th 31 day of September , 2013. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12725 R-2 August 28, 2013 -43 - Item -VI-I.2 ORDINANCES ITEM #63143 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE a restrictive easement over City -owned properties off Indian River Road in the Interfacility Traffic Area (ITA) to be EXCESS and AUTHORIZE the City Manager to convey same to the United States of America (USA) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 24, 2013 1 2 ORDINANCE TO DECLARE A RESTRICTIVE EASEMENT OVER 3 CITY -OWNED PROPERTIES LOCATED OFF INDIAN RIVER 4 ROAD (GPINS: 1483-46-1449 and 1483-16-6429) IN THE 5 INTERFACILITY TRAFFIC AREA (ITA) TO BE EXCESS 6 PROPERTY AND AUTHORIZE THE CITY MANAGER TO 7 CONVEY SAME TO THE UNITED STATES OF AMERICA 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain 10 properties (the "Properties") located in the Interfacility Traffic Area (the "ITA") in the City 11 of Virginia Beach, Virginia, which Properties are identified as follows: 12 13 Indian River Road, 1483-46-1449 and 1483-16-6429 14 (88.341 Acres), Acquired by the City from MPB, Inc. and K.K. 15 Wallace, Jr. 16 17 WHEREAS, on September 27, 2007, the City and the United States of 18 America, Department of the Navy (the "Navy") entered into an agreement (the 19 "Encroachment Partnering Agreement") to partner to acquire property in the ITA; 20 21 WHEREAS, the terms and provisions of the Encroachment Partnering 22 Agreement provide that the City will sell to the Navy restrictive easements (the 23 "Restrictive Easement(s)") over property the City acquires in the ITA and the RAA, and 24 in exchange the Navy will pay to the City the fair market value of the Restrictive 25 Easements, up to 50% of the City's acquisition cost of each property; 26 27 WHEREAS, the City acquired the Properties pursuant to the ITA 28 Acquisition Program; 29 30 WHEREAS, the City funded the acquisition of the Properties through a 31 partnership with the Commonwealth of Virginia (the "Commonwealth"); 32 33 WHEREAS, the City Council of the City of Virginia Beach finds that a 34 Restrictive Easement over the Properties is in excess of the City's needs and finds that 35 the sale of the Restrictive Easement over the Properties to the Navy, pursuant to the 36 terms of the Encroachment Partnering Agreement entered into in 2007 and as 37 amended, will allow the City and the Commonwealth to recover up to 50% of the 38 purchase price of the Properties. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 41 OF VIRGINIA BEACH, VIRGINIA: 42 43 1. That a Restrictive Easement over the following Properties located in the 44 ITA are hereby declared to be in excess of the needs of the City of Virginia Beach: 45 46 Indian River Road, 1483-46-1449 and 1483-16-6429, 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 (88.341 Acres) Acquired by the City from MPB, Inc. and K.K. Wallace, Jr. 2. That the City Manager is hereby authorized to execute any documents necessary to convey the Restrictive Easement over the Properties to the Navy, in substantial conformity with the terms and provisions of the Encroachment Partnering Agreement dated September 27, 2007, as it has been or may be amended, and such other terms, conditions or modifications as are deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. 3. That revenue from the sale of the Restrictive Easements in the amount of $175,000 shall be received and fifty (50) percent of this amount shall be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and fifty (50) percent shall be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $87,500 retained by the City will be available for BRAC program acquisitions in future years per the agreement with the Commonwealth. This ordinance shall be effective from the date of its adoption. 24th Adopted by the Council of the City of Virginia Beach, Virginia, on the day of September , 2013. R-1 9/13/2013 CA12735 \\vbgov.com\dfsl \applications\citylawprod\cycom 32\wpdocs\d023\p017\00084812.doc APPROVED AS TO CONTENT Public Works APPROVED AS TO LEGAL SUFFICIENCY City AttOffice AP ROVED AS TO CONT Management Services SUMMARY OF TERMS OF ENCROACHMENT PARTNERING AGREEMENT, AS AMENDED: Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Term of Agreement: The term of the agreement expires March 31, 2014, unless sooner terminated by either party, upon 30 days' notice to the other party. The agreement may be renewed or extended as the parties agree. Other Terms 1. If the City purchases property from willing sellers in the ITA, then the Navy will purchase from the City a restrictive easement over that property limiting its use to those uses marked with a "Y" in the Table set forth in City Zoning Ordinance Section 1804 as enacted on the date of the Multi -Year Agreement (copy attached hereto as Exhibit A"): a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the property would be limited to the allowed uses in 70-75 dB DNL Noise Zone, as stated in the Table; b. If the property is in >75 dB DNL, then the property would be limited to the allowed uses in >75 dB DNL Noise Zone; 2. The Navy will pay 100% of the appraised value of the restrictive easement or 50% of the City's fee simple purchase price, whichever is less. After the appraisals are completed, the City can decide on a case-by-case basis whether to sell an easement to the Navy. 3. The Navy may contribute any amount of funds to acquire easements pursuant to the Encroachment Partnering Agreement, to the extent that funds are appropriated, without requiring an amendment to the Agreement. 4. The City shall provide surveys necessary to delete all standard exceptions for title insurance as to surveys. 5. The City and the Navy will obtain one appraisal to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such appraisals. 6. The area subject to the Agreement includes both the ITA and the area south of Indian River Road, within the contours of the Air Installations Compatible Use Zones (AICUZ), which area is preliminarily being called the Rural AICUZ Area ("RAA"), for sale of easements to the Navy, as has been done in the ITA. 7. The City and the Navy may obtain one survey to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such survey. \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d023\p017\00084811.doc Prepared by P.W./Eng./Eng. Support Services Bureau 08/28/2013 EXHIBIT A TO GRANT OF EASEMENT TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Land Use Land Use Compatibility Land Use Name 70-75 dB DNL >75 dB DNL Residential and Related Single-family dwellings N N Semidetached dwellings N N Attached dwellings/townhouses N N Duplexes N N Multiple -family dwellings N N Dormitories and other group quarters N N Mobile home parks N N Hotels and motels N N Other residential uses N N Manufacturing Food & kindred products; manufacturing Y Y Textile mill products; manufacturing Y Y Apparel and other finished products; products made from fabrics, leather and similar materials; manufacturing Y Y Lumber and wood products (except furniture); manufacturing Y Y Furniture and fixtures; manufacturing Y Y Paper and allied products; manufacturing Y Y Printing, publishing, and allied industries Y Y Chemicals and allied products; manufacturing Y Y Petroleum refining and related industries Y Y Rubber and misc. plastic products; manufacturing Y Y Stone, clay and glass products; manufacturing Y Y Primary metal products; manufacturing Y Y Fabricated metal products; manufacturing Y Y Professional scientific, and controlling instruments; photographic and optical goods; watches and clocks Y Y Miscellaneous manufacturing Y Y Transportation, communication and utilities Railroad, rapid rail transit, and street railway transportation Y Y Motor vehicle transportation Y Y Aircraft transportation Y Y Marine craft transportation Y ¥ Highway and street right-of-way Y Y Automobile parking Y ¥ Communication Y ¥ Utilities ¥ ¥ Other transportation, communication and utilities Y Y Trade Wholesale trade Y Y Retail trade - building materials, hardware and farm equipment Y Y Retail trade - general merchandise Y Y Retail trade - food Y Y Retail trade - automotive, marine craft, aircraft and accessories Y Y Retail trade - apparel and accessories Y Y Services Retail trade - furniture, home, furnishings and equipment Y Y Retail trade - eating and drinking establishments Y Y Other retail trade Y Y Finance, insurance and real estate services Y Y Personal services Y Y Cemeteries Y Y Business services Y ¥ Warehousing and storage Y Y Repair services Y Y Professional services Y Y Hospitals, other medical facilities Y N Nursing homes N N Contract construction services Y Y Government services Y Y Educational services Y N Miscellaneous Y Y Cultural, entertainment and recreational Cultural activities (& churches) Y N Nature exhibits N N Public assembly halls N N Auditoriums, concert halls Y N Outdoor music shells, amphitheaters N N Outdoor sports arenas, spectator sports Y N Other outdoor recreational facilities Y Y Indoor recreational facilities Y Y Campgrounds Y N Parks Y N Other cultural, entertainment and recreation Y N Resource Production and Extraction Agriculture (except live stock) Y Y Livestock farming Y N Animal breeding Y N Agriculture related activities Y Y Forestry activities Y Y Fishing activities Y Y Mining activities Y Y Other resource production or extraction Y Y -44- Item-VI-L3a✓b/c/d/e ORDINANCES ITEM #63144 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE parcels to be in EXCESS of the City's needs and AUTHORIZE the City Manager to SELL same to Bribra Building Corp. - DISTRICT 6 - BEACH a. 221 Middle Lane b. 1535 and 1543 Michigan Avenue c. 204 and 208 Webster Place d. 1565, 1569, 1575 and 1579 Indiana Avenue e. 2240 and 2244 London Street Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining: James L. Wood September 24, 2013 1 AN ORDINANCE DECLARING THE PARCELS LOCATED AT 2 221 MIDDLE LANE (GPIN 2407-95-9326);1535 & 1543 3 MICHIGAN AVENUE (GPINS 2407-95-9421 & 2407-95-8357); 4 204 & 208 WEBSTER PLACE (GPINS 2417-15-3272 & 2417- 5 15-3381);1565,1569,1575 & 1579 INDIANA AVENUE (GPINS 6 2407-94-5788; 2407-94-5833; 2407-94-4788 & 2407-94-4833); 7 AND 2240 & 2244 LONDON STREET (GPINS 2407-02-3405 & 8 2407-02-2510) TO BE IN EXCESS OF THE CITY'S NEEDS 9 AND AUTHORIZING THE CITY MANAGER TO SELL SAME 10 TO BRIBRA BUILDING CORP. 11 12 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 13 certain parcels of land located at 221 Middle Lane, 1535 Michigan Avenue, 1543 14 Michigan Avenue, 204 Webster Place, 208 Webster Place, 1565 Indiana Avenue, 1569 15 Indiana Avenue, 1575 Indiana Avenue, 1579 Indiana Avenue, 2240 London Street, and 16 2244 London Street (collectively, the "Properties"), more particularly described on 17 Exhibit "A" attached hereto and made a part hereof; 18 19 WHEREAS, the City acquired the Properties pursuant to the APZ-1 20 Acquisition Program; 21 22 WHEREAS, the City funded the acquisition of the Properties through a 23 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 24 contributing fifty percent (50%) of the funds; 25 26 WHEREAS, the Properties are in the midst of other residences and at the 27 time of acquisition were improved with single-family or duplex dwellings, which have 28 been slated for demolition; 29 30 WHEREAS, City Council has elected to allow the reconstruction of four 31 single-family homes on the Properties in order to maintain the integrity of the 32 neighborhood; 33 34 WHEREAS, a Request for Proposal ("RFP") was advertised for the 35 potential sale of the Properties; 36 37 WHEREAS, Bribra Building Corp. ("Bribra") was one of the respondents to 38 the RFP; 39 40 WHEREAS, the APZ-1 Disposition Committee has recommended that City 41 Council declare the Properties to be in excess of the City's needs and sell the 42 Properties to Bribra; 43 44 WHEREAS, Bribra will build four (4) new single-family homes on the 45 Properties to prescribed standards acceptable to the City, including elevated noise 46 attenuation and design criteria, and Bribra will thereafter convey the improved 47 Properties to an owner -occupant; 48 49 WHEREAS, Bribra will purchase the Properties in accordance with the 50 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 51 52 WHEREAS, the City Council is of the opinion that the Properties are in 53 excess of the needs of the City of Virginia Beach. 54 55 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 56 OF VIRGINIA BEACH, VIRGINIA: 57 58 That the Properties located at 221 Middle Lane, 1535 Michigan Avenue, 59 1543 Michigan Avenue, 204 Webster Place, 208 Webster Place, 1565 Indiana Avenue, 60 1569 Indiana Avenue, 1575 Indiana Avenue, 1579 Indiana Avenue, 2240 London 61 Street, and 2244 London Street are hereby declared to be in excess of the needs of the 62 City of Virginia Beach and that the City Manager is hereby authorized to execute any 63 documents necessary to convey the Properties to Bribra Building Corp. in accordance 64 with the Summary of Terms attached hereto as Exhibit "B" and such other terms, 65 conditions or modifications as may be acceptable to the City Manager and in a form 66 deemed satisfactory by the City Attorney. 67 68 Further, that the revenue from the sale of the Properties in the amount of 69 $332,250 shall be received and fifty (50) percent of this amount shall be appropriated to 70 CIP #9-060, Oceana Interfacility Traffic Area Conformity and Acquisition, and fifty (50) 71 percent shall be deposited for future payment by the City Manager to refund the 72 Commonwealth's portion in accordance with the grant agreement. A manual 73 encumbrance will be established to ensure that the $166,125 retained by the City will be 74 available for BRAC program acquisitions in future years per the agreement with the 75 Commonwealth. 76 77 This ordinance shall be effective from the date of its adoption. 78 79 24th Adopted by the Council of the City of Virginia Beach, Virginia, on the 80 day of September 2013. CA12736 R-1 9/24/13 \\vbgov. com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d020\p016\00084085.doc APPROVED AS TO CONTENT AP ROV D AS T CONT t T Y-2„ Public Works '11 B 13 APPROVED AS TO LEGAL SUFFICIENCY Management Services EXHIBIT "A" LEGAL DESCRIPTIONS "Building Site 1": 221 Middle Lane/ 1535 Michigan Avenue/ 1543 Michigan Avenue (GPINs 2407-95-9326; 2407-95-9421 & 2407-95-8357) Parcel One — 221 Middle Lane (GPIN 2407-95-9326) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, known, numbered and designated as Parcel "B" as shown on that plat entitled "Physical Survey of Northern Portion of Lots 9 and 10, Block 10, Plat of Oceana Gardens for H.L. Bullis", which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13, at Page 2, and more particularly bounded and described as follows: BEGINNING at a point marked by a pipe fifty-five (55) feet south of the northeast corner of the Lot Ten (10), Block Ten (10), as shown on the recorded plat of Oceana Gardens; thence west parallel with Michigan Avenue one hundred twenty (120) feet to a point now marked by an iron pipe; thence south fifty-five (55) feet to a point now marked by an iron pipe; thence east one hundred and twenty (120) feet to Middle Lane and a point thereon now marked by an iron pipe; thence North along the West side of Middle Lane fifty-five (55) feet to a point of beginning, being a parcel of land 55 x 120 feet and a part as above bounded Lots Nine (9) and Ten (10) aforesaid. IT BEING the same property conveyed to the City of Virginia Beach by deed from Paul A. Woods, dated November 19, 2012 and recorded in the aforesaid Clerk's Office as Instrument Number 20121126001348250. Parcel Two — 1535 Michigan Avenue (GPIN 2407-95-9421) ALL THAT certain lot or parcel of land, with the buildings and improvements thereon, situated in the City of Virginia Beach, State of Virginia, shown as Parcel "A", on that certain plat entitled, "PHYSICAL SURVEY OF NORTHERN PORTION OF LOTS 9 & 10 BK. 10, PLAT OF OCEANA GARDENS," made by W.B. Gallup, April 14, 1941, to which plat reference is hereby made for a more particular description, said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, in Map Book 13, at page 2. IT BEING the same property conveyed to the City of Virginia Beach by deed from Melissa A. Cotten, a/k/a Melissa A. Gibson, dated October 20, 2010 and recorded in the aforesaid Clerk's Office as Instrument Number 20101029001151200. Parcel Three — 1543 Michigan Avenue (GPIN 2407-95-8357) ALL THAT certain lot or parcel of land, with the buildings and improvements thereon, situate, Tying and being in the City of Virginia Beach, Virginia, being known, numbered and designated "Northern 110 Feet of Lot 8, In Block 10," as shown on that certain plat entitled "PHYSICAL SURVEY AND NORTHERN PORTION LOT 8 — BLOCK 10 IN OCEANA GARDENS", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13, at page 11. IT BEING the same property conveyed to the City of Virginia Beach by Deed of Patrick M. Smith, Jr. dated October 20, 2010 and recorded in the aforesaid Clerk's Office as Instrument No. 20101029001151180. "Building Site 2": 204 Webster Place/ 208 Webster Place (GPINs 2417-15-3272 & 2417- 15-3381) Parcel One — 204 Webster Place (GPIN 2417-15-3272) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot 11, as shown on that certain plat entitled, "Bartow Heights", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 54, page 45. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Van Joseph Crain dated August 4, 2009 and recorded in the aforesaid Clerk's Office as Instrument Number 20090817000965770. Parcel Two — 208 Webster Place (GPIN 2417-15-3381) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, numbered 208 Webster Place, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 12, as shown on that certain plat entitled, Bartow Heights, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 54, at page 45. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Linda Lisa Lex dated May 29, 2012 and recorded in the aforesaid Clerk's Office as Instrument Number 20120626000705230. "Building Site 3": 1565 Indiana Avenue/ 1569 Indiana Avenue/ 1575 Indiana Avenue/ 1579 Indiana Avenue (GPINs 2407-94-5788; 2407-94-5833; 2407-94- 4788; & 2407-94-4833) Parcel One — 1565 Indiana Avenue (GPIN 2407-94-5788) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia and known, numbered and designated as Lot No. Four (4), in Block No. Six (6), as shown on a certain plat entitled "Survey of Block 6, Oceana Gardens for Princess Anne Homes, Inc.", made by W.B. Gallup, dated March 20, 1947, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 21, at Page 3. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Frank R. Allen dated January 14, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130123000086730. Parcel Two — 1569 Indiana Avenue (GPIN 2407-94-5833) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot 3, on the plat entitled, "SURVEY OF BLOCK 6 OCEANA GARDENS", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 21, at page 3. IT BEING the same property conveyed to the City of Virginia Beach by deed dated December 1, 2010 from Daniel Leroy Ramsey, Lemuel Christian Ramsey, James M. Ramsey, Jr. and Kenneth R. Gordon, and recorded in the aforesaid Clerk's Office as Instrument Number 20101203001278600. Parcels Three and Four — 1575 Indiana Avenue & 1579 Indiana Avenue (GPINs 2407-94-4788 & 2407-94-4833) ALL THOSE certain lots, piece or parcels of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Lot 1 and Lot 2, as shown on that plat entitled "SURVEY OF BLOCK SIX, OCEANA GARDENS FOR PRINCESS ANNE HOMES INC.", Scale: 1" = 40' dated March 20, 1947, said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 21, at page 3, to which reference is made for a more particular description. SUBJECT TO an ingress/egress easement over the rear, or southern, ten (10) feet of Lot 1 for the purpose of access from West lane to the concrete parking area located along the rear portion of Lot 2, as cited in the Deed recorded May 27, 1976, in Deed Book 1568, at page 629. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Elizabeth Ann Lefevre, Trustee under the Elizabeth Ann Lefevre Revocable Trust Agreement dated October 25, 2007, dated February 28, 2012 and recorded in the aforesaid Clerk's Office as Instrument Number 20120229000217910. "Building Site 4": 2240 London Street/ 2244 London Street (GPINs 2407-02-3405 & 2407-02-2510) Parcel One — 2240 London Street (GPIN 2407-02-3405) ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 41, as shown on the plat entitled "Revised Plat, Gatewwod Park, located near London Bridge, Princess Anne County, VA", which plat is dully recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 25, at page 87. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Barbara Michaels Grizzard f/k/a Barbara E. Michaels dated November 4, 2009, and recorded in the aforesaid Clerk's Office as Instrument Number 20091120001346160. Parcel Two — 2244 London Street (GPIN 2407-02-2510) ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 42, as shown on the plat entitled "Revised Plat, Gatewwod Park, located near London Bridge, Princess Anne County, VA", which plat is dully recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 25, at page 87. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Margaret B. Mallison dated February 15, 2008, and recorded in the aforesaid Clerk's Office as Instrument Number 20080314000288110. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTIES AT 221 MIDDLE LANE, 1535 MICHIGAN AVENUE 1543 MICHIGAN AVENUE, 204 WEBSTER PLACE, 208 WEBSTER PLACE, 1565 INDIANA AVENUE, 1569 INDIANA AVENUE, 1575 INDIANA AVENUE, 1579 INDIANA AVENUE, 2240 LONDON STREET, AND 2244 LONDON STREET SELLER: City of Virginia Beach PURCHASER: Bribra Building Corp., a Virginia corporation PROPERTIES: SALE PRICE: • Building Site 1: 221 Middle Lane (GPIN 2407-95-9326) 1535 Michigan Avenue (GPIN 2407-95-9421) 1543 Michigan Avenue (GPIN 2407-95-8357) • Building Site 2: 204 Webster Place (GPIN 2417-15-3272) 208 Webster Place (GPIN 2417-15-3381) • Building Site 3: 1565 Indiana Avenue (GPIN 2407-94-5788) 1569 Indiana Avenue (GPIN 2407-94-5833) 1575 Indiana Avenue (GPIN 2407-94-4788) 1579 Indiana Avenue (GPIN 2407-94-4833) • Building Site 4: 2240 London Street (GPIN 2407-02-3405) 2244 London Street (GPIN 2407-02-2510) Building Site 1: $82,500 Building Site 2: $83,250 Building Site 3: $82,750 Building Site 4: $83,750 $332,250 CONDITIONS OF SALE: • Properties are purchased "As Is, Where Is." • Purchaser shall deposit Five Thousand and no/100 Dollars ($5,000.00) per Building Site at the execution of the Purchase Agreement. • Buyer, at its own cost, shall resubdivide the lots included within each Building Site to vacate interior lot lines, and shall include a plat restriction limiting the site to the development of one single -family dwelling unit, in perpetuity. • Seller shall convey each Building Site subject to the plat restriction. • Buyer shall construct one single -family dwelling on each Building Site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer is required to construct using materials for enhanced noise attenuation. • Seller shall convey the property subject to a deed restriction preventing Buyer, or ultimate owner-occupant, from participation in the APZ-1 Acquisition Program. • Seller will reserve any fee in the streets and any easements necessary for public purposes. Ni NN113SQ*I 777 0 A d O O Q. N O Q'0 Z = N o `C Z .E Pn:pared by P_WJEngJEng. Support Services Bureau 07/23/2013 o r%-.1-1 ED "DE N171.37100101___ n 8819-406-LO17Z E£88176 -10'n 88117-t6-LOPZ 71-7 3 EE85-P6-LOVZ 0 Ni ISBM D w w J Prepared by P W JEngJEng Support Services Bureau O1;23/2013 2AY S2)1AS Q N Q 0 O 0.1 rn 0 10 IA Al o CD 0.N O H Ct.o z � N Fp � Qa z .c -45 - Item -VI-L4a/b/c/d ORDINANCES ITEM #63145 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE properties to be EXCESS of the City's needs and AUTHORIZE the City Manager to SELL same to adjoining property owners - DISTRICT 6 - BEACH a. 237 Gatewood Avenue b. 2228 London Street c. 304 Roselynn Lane d. 413 Garcia Drive Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 24, 2013 1 AN ORDINANCE DECLARING THE 2 PROPERTIES LOCATED AT 237 3 GATEWOOD AVENUE (GPIN 2407-02-3390), 4 2228 LONDON STREET (GPIN 2407-02- 5 5576), 304 ROSELYNN LANE (GPIN 2417-06- 6 4121) AND 413 GARCIA DRIVE (GPIN 2417- 7 16-1635) TO BE IN EXCESS OF THE CITY'S 8 NEEDS AND AUTHORIZING THE CITY 9 MANAGER TO SELL THE PROPERTIES TO 10 ADJOINING PROPERTY OWNERS 11 12 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 13 certain parcels of land located at 237 Gatewood Avenue, 2228 London Street, 304 14 Roselynn Lane, and 413 Garcia Drive (collectively, the "Properties"), more particularly 15 described on Exhibit "A" attached hereto and made a part hereof; 16 17 WHEREAS, the City acquired the Properties pursuant to the APZ-1 18 Acquisition Program; 19 20 WHEREAS, the City funded the acquisition of the Properties through a 21 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 22 contributing fifty percent (50%) of the funds; 23 24 WHEREAS, the Properties are in the midst of other residences and at the 25 time of acquisition were improved with either single -family or duplex homes; 26 27 WHEREAS, adjoining property owners have requested to purchase the 28 Properties in order to utilize them in a manner compatible with the APZ-1 Ordinance; 29 30 WHEREAS, adjoining property owners desire to purchase the Properties in 31 accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part 32 hereof; 33 34 WHEREAS, the APZ-1 Disposition Committee has recommended that City 35 Council declare the Properties to be in excess of the City's needs and sell the 36 Properties to adjoining property owners; and 37 38 WHEREAS, the City Council is of the opinion that the Properties are in 39 excess of the needs of the City of Virginia Beach. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 42 OF VIRGINIA BEACH, VIRGINIA: 43 44 1. That the Properties located at 237 Gatewood Avenue, 2228 London 45 Street, 304 Roselynn Lane and 413 Garcia Drive are hereby declared to be in excess 46 of the needs of the City of Virginia Beach and that the City Manager is hereby 47 authorized to execute any documents necessary to convey the Properties to adjoining 48 property owners in accordance with the Summary of Terms attached hereto as Exhibit 49 "B" and such other terms, conditions or modifications as may be acceptable to the City 50 Manager and in a form deemed satisfactory by the City Attorney. 51 52 2. Further, that revenue from the sale of the Properties in the amount of 53 $46,623 shall be received and fifty (50) percent of this amount shall be appropriated to 54 CIP #9-060, Oceana Interfacility Traffic Area Conformity & Acquisition, and fifty (50) 55 percent (50%) shall be deposited for future payment by the City Manager to refund the 56 Commonwealth's portion in accordance with the grant agreement. A manual 57 encumbrance will be established to ensure that the $23,311.50 retained by the City will 58 be available for BRAC program acquisitions in future years per the agreement with the 59 Commonwealth. 60 61 This ordinance shall be effective from the date of its adoption. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on the 64 24th day of September , 2013. CA12541 R-1 9/24/13 \\vbgov.com\dfsl \applications\citylawprod\cycom 32\wpdocs\d022\p017\00084656.doc APPROVED AS TO CONTENT OK-Cb\kl3ANAjL Public Works U APPROVED AS TO LEGAL SUFFICIENCY City Att r ey's O ice APPROVED AS TO CON NT Management Services EHIBIT "A" GPIN: 2417-02-3390 (237 Gatewood Avenue) All that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Lot A (erroneously referred to as lot 48 in prior deed recorded as Instrument Number 200410070160551), as shown on that certain plat entitled: "SUBDIVISION PLAT OF LOT 48, REVISED PLAT, GATEWOOD PARK EXTENDED M.B. 34, P. 16", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20021010030470960. IT BEING the same property conveyed to the City of Virginia Beach by deed dated September 11, 2012 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 20120928001127350. GPIN 2407-02-5576 (2228 London Street) All that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot 38, as shown on that certain plat entitled: "Revised Plat of Gatewood Park", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia In Map Book 25 at page 87. IT BEING the same property conveyed to the City of Virginia Beach by deed dated January 23, 2013, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 20130131000127600. GPIN 2417-06-4121 (304 Roselynn Lane) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Lot Thirteen (13), as shown on that certain plat entitled: "Plat of Whitehead Subdivision, Property of C. T. Whitehead situate in Princess Anne Co., VA.", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 9, at page 15. IT BEING the same property conveyed to the City of Virginia Beach by deed dated December 13, 2012, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 20121219001446970. GPIN 2417-16-1635 (413 Garcia Drive) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 5 , as shown on plat entitled: "Property of Paul Hiltz, located in Cruser Tract, Oceana Gardens", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 32, at page 49. IT BEING the same property conveyed to the City of Virginia Beach by deed dated April 6, 2013, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 20130423000462490. EXHIBIT "B" SUMMARY OF TERMS Seller: City of Virginia Beach Legal Descriptions: See Exhibit "A" to Ordinance 1. Buyer: Shirley M. Spurgeon Property: 9,613 square feet of property generally known as 237 Gatewood Avenue (GPIN: 2407-02-3390)Sale Price: $9,613 2. Buyers: Jose J. Medrano and Paige Medrano, husband and wife Property: 14,990 square feet of property generally known as 2228 London Street (GPIN: 2407-02-5576) Sale Price: $14,990 3. Buyer: Craig A. Hughes Property: 6,136 square feet of property generally known as 304 Roselynn Lane (GPIN: 2417-06-4121) Sale Price: $6,136 Buyers: Daniel R. & Chong-Ae Gray, husband and wife Property: 7,942 square feet of property generally known as the northern on - half (1/2) of 413 Garcia Drive (GPIN: 2417-16-1635) Sale Price: $7,942 4. Buyer: Charles J. Kelly Property: 7,942 square feet of property generally known as the southern one- half (1/2) of 413 Garcia Drive (GPIN: 2417-16-1635) Sale Price: $7,942 CONDITIONS OF SALE: • Properties are purchased "As is, Where is." • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the Property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • Seller shall resubdivide the Property to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Seller will reserve any fee in the streets and any easements necessary for public purposes. p (7!118 VN`d800 Ni NNJl18S021 CD CD CL CL O O 2 CL a 12 a a U U a J v -m o p a Al . 0 O Q N o H O. yZ = N 1-� oa Z .E XACADD%Prgeds\ARC FilesSAGENDA MAPS \City Prapery$2417-06-0121~2417-06-4121.mxd -46 - Item -VI-I.5 ORDINANCES ITEM #63146 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to: a. ESTABLISH a Capital project: "Enterprise Business Suite Applications"; b. TRANSFER $280, 000 from the Reserve for Contingencies re the State required VRS Hybrid Retirement Plan and the City's updated Leave Policy; Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None AND c. TRANSFER $36,513 from the Reserve for Contingencies to the Finance Department re funding for one Payroll Supervisor; and d/e. AUTHORIZE one Payroll Supervisor whose employment will be effective January 1, 2014. September 24, 2013 -47 - Item -VI-I.5 ORDINANCES ITEM #63146(Continued) Voting: 10-1 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: John D. Moss Council Members Absent: None September 24, 2013 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT #3- 2 662, "CIT — ENTERPRISE BUSINESS SUITE 3 APPLICATIONS," TO TRANSFER FUNDS TO IMPLEMENT 4 THE HYBRID RETIREMENT PLAN AND TO AUTHORIZE 5 ONE POSITION IN THE DEPARTMENT OF FINANCE 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. Capital Project #3-662, "CIT — Enterprise Business Suite Applications," is hereby 11 established in the City's Capital Improvement Program; 12 2. $280,000 is hereby transferred from the Reserve for Contingencies to Project #3- 13 662 to provide funding for project management, development, and implementation 14 costs associated with state required VRS hybrid retirement plan, related disability 15 program changes, and the City's updated leave policy; 16 17 3. $36,513 is hereby transferred from the Reserve for Contingencies to the Operating 18 Budget of the Department of Finance to provide funding for one full-time Payroll 19 Supervisor position for its Payroll division; 20 21 4. One Payroll Supervisor full time position is hereby authorized in the Department of 22 Finance; and 23 24 5. The effective date of the full-time position authorization is January 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of Septembr 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services CA12729 R-2 September 13, 2013 City A • ne ' ! `fice -48 - Item -VI-I.6 ORDINANCES ITEM #63147 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the Virginia Beach Court Appointed Special Advocates, Inc. re City -owned property at the Judicial Center Building, 2401 Nimmo Parkway (DISTRICT 7 — PRINCESS ANNE) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 24, 2013 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 3 FIVE YEARS WITH VIRGINIA BEACH COURT 4 APPOINTED SPECIAL ADVOCATES, INC. FOR 5 CITY -OWNED PROPERTY LOCATED AT 2401 6 NIMMO PARKWAY, JUDICIAL CENTER 7 BUILDING 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 900 10 square feet of office space (the "Premises") within the property located at 2401 Nimmo 11 Parkway, Virginia Beach, known as the Judicial Center Building; 12 13 WHEREAS, the City and Virginia Beach Court Appointed Special Advocates, Inc. 14 ("CASA") desire to enter into a lease agreement for use of the Premises; 15 16 WHEREAS, CASA has agreed to pay the City annual rent in the amount of 17 $1.00, for a one (1) year term, with four (4) one-year renewal options; and 18 19 WHEREAS, the Premises will be utilized for the operation of offices for CASA, 20 and for no other purpose. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for a term of one 26 (1) year, with four (4) one-year renewal options, between Virginia Beach Court 27 Appointed Special Advocates, Inc. and the City of Virginia Beach, in accordance with 28 the Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such 29 other terms, conditions or modifications as may be acceptable to the City Manager and 30 in a form deemed satisfactory to the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day 33 of September , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works — Facilities Management City Attorney CA11719 \\vbgov. com\dfs 1 \applications\cityl awprod\cycom32\wpdocs\d011 \p011 \00086723.doc R-1 September 13, 2013 EXHIBIT A SUMMARY OF TERMS LEASE FOR VIRGINIA BEACH COURT APPOINTED SPECIAL ADVOCATES, INC. IN THE JUDICIAL CENTER BUILDING LESSOR: City of Virginia Beach (the "City") LESSEE: Virginia Beach Court Appointed Special Advocates, Inc. ("CASA") PREMISES: Approximately 900 sq. ft. on the ground floor of 2401 Nimmo Parkway, Judicial Center Building as more particularly shown on the attached floor plan TERM: October 1, 2013 — September 30, 2014; renewable annually for four (4) additional one-year terms. RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises for operation of the CASA offices and for no other purpose • Purchase and maintain public liability insurance acceptable to City in the amount of $1,000,000 combined single limits • Repair, replace, and restore any damage caused by negligence or actions of Lessee, its employees, invitees or agents RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common area and structural elements of the Premises • Provide water, sewer, electric, heating and air conditioning during normal business hours • Furnish janitorial services and supplies • City may terminate the lease if the Premises is needed for any purpose as defined in Va. Code §15.2-1638 \\vbgov.com\dfsl \applications\citylawp rod\cycom32\wpdocs\d011 \p011 \00086724.doc Page 1 of 2 4 5 COSTING CORRIDOR LI 1 ) on RLCEPTION 00 NEL:1(Ni OMCE 1710FTICE h01 1 SF 1 9:-O ST 3 EV Ed LXISIING KITCHEN GROUND FLOOR PLAN = KEY PLAN- AREA OF WORK 1.1 o 0 2` 3 .0 0 3 fi 9 t 15 ,/2 O 3/4%, D. rI51.0.7.31.2r.77!"` o n-3 0 3, 6 FINAL SU3PAITFAL :INE. 15, 2010 I o, 0 1 0 1 -41 0 2.9 WALLER TODD & SADLER ARCHITECTS 6)6 C.PRESS 6VEN6.1 PEACH 66 26431 ,5.7) --0141) SKr NUMBER A-101 Page 2 of 2 -49- Item-VI-I.7a ORDINANCES ITEM #63148 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property known as: a. Bass Inlet (aka Mill Creek/Pond): JOHNE. JR. and AUDREYD. SETTLE re a bulkhead, pier and boat lift at 2957 Sand Bend Road DISTRICT 7 — PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property known as: a. Bass Inlet (aka Mill Creek/Pond): JOHNE. JR. and AUDREY D. SETTLE re a bulkhead, pier and boat lift at 2957 Sand Bend Road (GPIN) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. It is expressly understood and agreed the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee and the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. 5. It is further expressly understood and agreed nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein, and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. September 24, 2013 -50 - Item -VI-I.7a ORDINANCES ITEM #63148(Continued) 7. It is further expressly understood and agreed the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). 8. It is further expressly understood and agreed the Grantee shall maintain the two (2) existing landscaped beds (4' X 14' and 10' X 14) and establish and maintain, as shown on Exhibit "A" (the "Buffer'), shrubs of a size and species of the Grantee 's choice to be planted where the composite decking is removed. The Buffer shall not be established during the months of June, July or August so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond, or other security, in an amount equal to the estimated cost of the required Buffer, plantings to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning/Environment and Sustainability Office when the Buffer is complete and ready for inspection. Upon satisfactory completion of the Buffer, as determined by the City, the bond shall be released. An access path, consisting of flagstone walking steps, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 9. It is further expressly understood and agreed the Grantee shall make a Four Hundred Thirteen Dollar ($413.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the remainder (745 sq. ft.) of the typically required fifteen (15) -foot -wide Riparian Buffer area that cannot be established on the property of the Grantee. Said Buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material, which will be used to restore Buffer areas on other City -owned property. 10. It is further expressly understood and agreed the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000, per person injured and property damage per incident, combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachments. 11. It is further expressly understood and agreed the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. 12. It is further expressly understood and agreed the Grantee must submit, for review and approval, a survey of the Encroachment Area, certified by a Registered Professional Engineer or a Licensed Land Surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a Registered Professional Engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 13. It is further expressly understood and agreed the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachments; and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the September 24, 2013 -51- Item-VI-I.7a ORDINANCES ITEM #63148(Continued) land so occupied if it were owned by the Grantee. If such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 24, 2013 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS BASS INLET (AKA 7 MILL/CREEK POND), LOCATED AT THE 8 REAR OF 2957 SAND BEND ROAD, FOR 9 JOHN E. SETTLE, JR. AND AUDREY D. 10 SETTLE, TRUSTEES OF THE JOHN E. 11 SETTLE, JR. REVOCABLE TRUST AND 12 AUDREY D. SETTLE REVOCABLE 13 TRUST 14 15 WHEREAS, John E. Settle, Jr. and Audrey D. Settle as Trustees for the John E. 16 Settle, Jr. Revocable Trust and Audrey D. Settle Revocable Trust, desire to maintain an 17 existing timber bulkhead and a 12' X 24' pier and to construct and maintain a proposed 18 12' X 13' boat lift, upon a portion of City property known as Bass Inlet (a/k/a Mill/Creek 19 Pond), located at the rear of 2957 Sand Bend Road, in the City of Virginia Beach, 20 Virginia; and 21 22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 23 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 24 City's property subject to such terms and conditions as Council may prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the John E. Settle, Jr. 30 Revocable Trust and Audrey D. Settle Revocable Trust, (the "Trust") its heirs, assigns 31 and successors in title are authorized to construct and maintain temporary 32 encroachments for an existing timber bulkhead and a 12' X 24' pier and to construct and 33 maintain a proposed 12' X 13' boat lift in a portion of existing City property known as 34 Bass Inlet (a/k/a Mill Creek/Pond), as shown on the map marked Exhibit "A" and 35 entitled: "EXHIBIT A Encroachment Plat Showing Boat Lift in SAND BEND (NORTH 36 BAY) May 30, 2013 Scale: 1" = 30'," a copy of which is on file in the Department of 37 Public Works and to which reference is made for a more particular description; and 38 39 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 40 subject to those terms, conditions and criteria contained in the Agreement between the 41 City of Virginia Beach and the trust (the "Agreement"), which is attached hereto and 42 incorporated by reference; and 43 44 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 45 hereby authorized to execute the Agreement; and 46 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 47 time as John E. Settle, Jr. and Audrey D. Settle, the trustees, and the City Manager or 48 his authorized designee execute the Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the24th day 51 of September , 2013. CA -12575 R-1 PREPARED: 8/28/13 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 41,13LIC WORKS, REAL ESTATE DAN • ' ' I EYER, ASSOCIATE CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 28th day of August, 2013, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOHN E. SETTLE, JR. and AUDREY D. SETTLE, TRUSTEES OF THE JOHN E. SETTLE, JR. REVOCABLE TRUST DATED OCTOBER 19, 2006 AND AUDREY D. SETTLE and JOHN E. SETTLE, JR., TRUSTESS OF THE AUDREY D. SETTLE REVOCABLE TRUST DATED OCTOBER 19, 2006, each with an undivided one-half interest, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 75", as shown on that certain plat entitled: "SECTION 3, BACK BAY MEADOWS, PROPERTY OF NORTH BAY DEVELOPMENT CORPORATION, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VA., SCALE: 1" = 100', February 4, 1966, prepared by W. B. GALLUP — CERTIFIED LAND SURVEYOR", and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 2957 Sand Bend Road, Virginia Beach, Virginia 23456; GPIN'S: 2433-33-0267-0000; (CITY PROPERTY KNOWN AS BASS INLET (AKA MILL CREEK/POND)) 2433-33-3019-0000; (2957 Sand Bend Road) WHEREAS, it is proposed by the Grantee to maintain an existing timber bulkhead and a 12' X 24' pier and to construct and maintain a proposed 12' X 13' boat lift (7,500 lbs. cap.), collectively, the "Temporary Encroachments", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City property known as Bass Inlet (aka Mill Creek/Pond), located at the rear of 2957 Sand Bend Road, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A Encroachment Plat Showing Boat Lift In SAND BEND (NORTH BAY) May 30, 2013 FOR John & Audrey Settle LOT 75, SEC 3, BACK BAY MEADOWS SANDBREDGE SUBDIVISION MAP BOOK 067 MAP BOOK PAGE: 0045 GPIN: 2433-33-3019 Scale: 1" = 30'," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 It is further expressly understood and agreed that the Grantee shall maintain the two existing landscaped beds (4' X 14' and 10' X 14') and establish and maintain, as shown on Exhibit "A" (the "Buffer") shrubs of a size and species of the Grantee's choice, to be planted where the composite decking is removed. The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer, plantings to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning/Environment and Sustainability Office when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, consisting of flagstone walking steps, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee shall make a FOUR HUNDRED THIRTEEN DOLLAR ($413.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the remainder (745 sq. ft.) of the typically required 15-foot-wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City- owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not Tess than $500,000.00, per person injured and property damage per incident, combined 4 with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the. Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may 5 impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, John E. Settle, Jr. and Audrey D. Settle, trustees of the John E. Settle, Jr. Revocable Trust and Audrey D. Settle Revocable Trust, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2013, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2013, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 The John E. Settle, Jr. Revocable Trust n E. Settle, Jr., Trustee By aar Audrey D. St , Trustee STATE OF VirL1►n► CITY/COUNTY OF Po n.-ts moa -6 /, , to -wit: The foregoing instrument was acknowledged before me this . g day of , 2013, by John E. Settle, Jr., Trustee, on behalf of The John E. Settle, Jr. Revocable Trust and Audrey D. Settle Revocable Trust. Notary Registration Number: 1 1 4 9 Notary Public My Commission Expires: Q,0 1001) at) 1 `{' • STATE OF\�n-Str`1'A CITY/COUNTY OF P o 0 -Ts rn o , to -wit: (SEAL) 011110 The foregoing instrument was acknowledged before me this 41.44- day of , 2013, by Audrey D. Settle, Trustee, on behalf of The John E. Settle, Jr. Revocable Trust and Audrey D. Settle Revocable Trust. Notary Registration Number: a (l0 9 Notary Public My Commission Expires: 30 Ow/ c,20 f 8 �-� (SEAL) The Audrey D. Settle Revocable Trust By a/144 By Audrey D. Se STATE OF \Ji Ref i n A n E. Settle, Jr., Trustee CITY/COUNTY OF Po rt.-rs n.o U I1- , to -wit: The foregoing instrument was acknowledged before me this c k - day of (�u ci u S , 2013, by Audrey D. Settle, Trustee, on behalf of The John E. Settle, Jr. Revocable Trust and Audrey D. Settle Revocable Trust. Notary Registration Number: 3- l to Gtseo�-0� e--�' (SEAL) Notary Public My Commission Expires: 3) ►JoV X41 4 STATE OF 1 11-61 t n i A CITY/COUNTY OF ?on -1s )- , to -wit: The foregoing instrument was acknowledged before me this c )\-- day of A , 2013, by John E. Settle, Jr., Trustee, on behalf of The John E. Settle, Jr. Revocable Trust and Audrey D. Settle Revocable Trust. Notary Registration Number: 3-1 R My Commission Expires: ,c 9J QJ `i 9 -J/- (SEAL) Notary Public APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM S ATURE PLO REA, E3ialE. DEPARTMENT 10 .. R'EYER, ASSOC TE CITY ATTORNEY EXISTING 10' X 14' LANDSCAPED BED THE AREA WHERE THE COMPOSITE DECKING IS REMOVED SHALL BE REPLACED WITH JUNIPER PLANTS SPACED AT 18" ON CENTER EACH WAY. THE OWNER SHALL INSTALL FLAGSTONE WALKING STEPS 12" IN DIAMETER SPACED AT 30" ON CENTER FOR ACCESS Eudias Falcon Knight Jr. 2961 Sand Bend Road GPIN: 2433-32-3971 MapBook: 067 MapBook Page: 0045 LOT 74 EXHIBIT A Encroachment Plat Showing Boat Lift in SAND BEND (NORTH BAY) May 30, 2013 FOR John & Audrey Settle LOT 75, SEC 3, BACK BAY MEADOWS SANDBRIDGE SUBDIVISION MAP BOOK 067 MAP BOOK PAGE: 0045 GPIN: 2433-33-3019 City of Virginia Beach MapBook: 067 MapBook Page: 0045 GPIN: 2433-33-0267 MLW 8 MHW AT EXISTING BULKHEAD EXISTING 12' X 24' PIER - \ I N1034' 00" W ' 10fV Encroachment Area EW BOATLIFT 7,500# CAP.) 0 0 0 01 —EXISTING �3� G 4' X 14' LANDSCAPED BED '4—EXISTING TIMBERTECH ‘ EXISTING BULKHEAD COMPOSITE UPLAND EXISTING 12' x 24' CONCRETE BOAT RAMP WALKWAY TO BE REMOVED I \\ S 1034' 00" E 2957 / 0 X (0 N 1- 100.0' SAND BES D ROAD Scale: 1" = 30'-0" IN • N M MI 1M II= M 0 5'10' 20' 30' 40' 50' 60' Phelps Family RLT 2953 Sand Bend Road GPIN: 2433-33-2280 MapBook: 067 MapBook Page: 0045 LOT 76 Legend J City Property repared by P W /EngiEnp. Support Services Bureau 06/132013 LOCATION MAP ENCROACHMENT REQUEST FOR THE JOHN E. SETTLE, JR. AND AUDREY D. SETTLE REVOCABLE TRUST 2957 SAND BEND ROAD GPIN 2433-33-3019 Feet 0 50 100 200 XICADD\Pro ectstARC FaesAGENDAMAPS\SnM Bend Rd)2433-33-301912133-33-3019mxd -52- Item-VI-I.7B ORDINANCES ITEM #63149 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property known as: b. West Canal: PHILIP H. and CORI O. DAMUTH re a bulkhead, landscape buffer, wharf extensions and boat lift at 2305 Broad Bay Road DISTRICT 5 - LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property known as: b. West Canal: PHILIP H. and CORI O. DAMUTH re a bulkhead, landscape buffer, wharf extensions and boat lift at 2305 Broad Bay Road (GPIN) DISTRICT 5 - LYNNHAVEN The following conditions shall be required: 1. It is expressly understood and agreed the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee and within thirty (30) days after the notice is given the Temporary Encroachments must be removed from the Encroachment Area by the Grantee and the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment, other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. September 24, 2013 -53- Item-VI-I.7B ORDINANCES ITEM #63149(Continued) 7. It is further expressly understood and agreed the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). 8. It is further expressly understood and agreed the Grantee shall establish and maintain a Riparian Buffer, which shall be a minimum of fifteen (15) feet (or the equivalent to 1,418 sq. ft.) in width landward from the shoreline, shall run the entire length of the shoreline and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July or August so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond, or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning/Environment and Sustainability Office when the Buffer is complete and ready for inspection. Upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, consisting of stepping stones, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 9 It is further expressly understood and agreed the Grantee shall establish and maintain four (4) Bald Cypress - canopy trees, four (4) Natchez Crepe Myrtles - understory trees, four (4) Bloodgood Japanese Maples - understory trees, twelve (12) shrubs to be planted among the trees and throughout the Buffer area that will architecturally blend with the species of trees planted and miscellaneous ground cover, ornamental grasses and perennial plants (the "Buffer') of a size and species of the Grantee 's choice, as long as the trees are native trees, to be planted fifteen (15) feet landward of the bulkhead near the East property line. 10. It is further expressly understood and agreed the Grantee shall also make a Six Hundred Eighty Dollar And Forty Cent ($680.40) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the remainder (946 sq. ft.) of the typically required (fifteen) 15 -foot -wide Riparian Buffer area that cannot be established on the property of the Grantee. Said Buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material, which will be used to restore Buffer areas on other City -owned property. 11. It is further expressly understood and agreed the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000, per person injured and property damage per incident, combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachments. 12. It is further expressly understood and agreed the Temporary Encroachments must conform to the minimum setback requirements as established by the City. 13. It is further expressly understood and agreed the Grantee must submit, for review and approval, a survey of the Encroachment Area, certified by a Registered Professional Engineer or a Licensed Land Surveyor, and/or "as built" plans of the Temporary September 24, 2013 -54- Item-VI-I.7B ORDINANCES ITEM #63149(Continued) Encroachments sealed by a Registered Professional Engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 14. It is further expressly understood and agreed the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachments; and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee. If such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day the Temporary Encroachments are allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 24, 2013 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS WEST 7 CANAL, LOCATED AT THE REAR OF 8 2305 BROAD BAY ROAD, FOR 9 PROPERTY OWNERS PHILIP H. 10 DAMUTH AND CORI O. DAMUTH 11 12 WHEREAS, Philip H. Damuth and Cori O. Damuth desire to maintain an existing 13 wharf and timber bulkhead and to construct and maintain a proposed landscape buffer, 14 bulkhead (163 L.F.), personal watercraft (PWC) lifts, wharfs (2), wharf extension, boat 15 lift (12,500 lbs.), upon a portion of City property known as West Canal, located at the 16 rear of 2305 Broad Bay Road, in the City of Virginia Beach, Virginia; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Philip H. Damuth and Cori O. 26 Damuth, their heirs, assigns and successors in title are authorized to construct and 27 maintain temporary encroachments for an existing wharf and timber bulkhead and to 28 construct and maintain a proposed landscape buffer, bulkhead, personal watercraft 29 (PWC) lifts, wharfs (2), wharf extension, boat lift in a portion of existing City property 30 known as West Canal, as shown on the map marked Exhibit "A" and entitled: "EXHIBIT 31 "A" — ENCROACHMENT REQUEST FOR PHIL DAMUTH SCALE: 1" = 30' MAY 16, 32 2013 SHEET 1 OF 1," a copy of which is on file in the Department of Public Works and 33 to which reference is made for a more particular description; and 34 35 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and Philip H. Damuth and Cori O. Damuth (the "Agreement"), 38 which is attached hereto and incorporated by reference; and 39 40 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 41 hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 44 time as Philip H. Damuth and Cori O. Damuth and the City Manager or his authorized 45 designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24thday 48 of September 2013. CA -12570 R-1 PREPARED: 9/9/13 APPROVED AS TO CONTENTS Wam&- C'. Ooh. LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM DA_ A T EYER, ASSOCI E CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 30th day of August, 2013, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and PHILIP H. DAMUTH and CORI O. DAMUTH, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 91", as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO, VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale: 1" = 100' FEBRUARY, 1958 SHEET 1 OF 2", prepared by FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA. - VIRGINIA BEACH, VA. — PRINCESS ANNE COURTHOUSE, VA., and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2305 Broad Bay Road, Virginia Beach, Virginia 23451; GPIN: (CITY PROPERTY KNOWN AS WEST CANAL — NO GPIN REQUIRED OR ASSIGNED) 1499-99-9181-0000; (2305 Broad Bay Road) WHEREAS, it is proposed by the Grantee to maintain an existing wharf and timber bulkhead and to construct and maintain a proposed landscape buffer, 163 linear feet (L.F.) bulkhead, personal watercraft (PWC) lifts, wharfs (2), wharf extension, boat lift (12,500 lbs.), collectively, the "Temporary Encroachments", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City property known as West Canal, located at the rear of 2305 Broad Bay Road, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" — ENCROACHMENT REQUEST FOR PHIL DAMUTH SCALE: 1" = 30' MAY 16, 2013 SHEET 1 OF 1," prepared by RICHARD T. BARTLETT, PROFESSIONAL ENGINEER, for PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet (or the equivalent to 1,418 sq. ft) in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning/Environment and Sustainability Office when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, consisting of stepping stones, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee shall establish and maintain (4) Bald Cypress - canopy trees, (4) Natchez Crepe Myrtles - understory trees, (4) Bloodgood Japanese Maples - understory trees, (12) shrubs to be planted among the trees and throughout the Buffer area that will architecturally blend with the species of trees planted and miscellaneous ground cover, ornamental grasses and perennial plants (the "Buffer") of a size and species of the Grantee's choice, as long 4 as the trees are native trees, to be planted fifteen (15) feet landward of the bulkhead near the East property line. It is further expressly understood and agreed that the Grantee shall also make a SIX HUNDRED EIGHTY DOLLAR AND FORTY CENT ($680.40) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the remainder (946 sq. ft.) of the typically required 15-foot-wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not Tess than $500,000.00, per person injured and property damage per incident, combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. 5 It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Philip H. Damuth and Cori O. Damuth, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 6 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2013, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2013 by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 By By Cal-) 00)cvv-,-L-4--C/ Cori O. Damuth, Owner STATE OF VIrelyii0 CITY/COUNTY OF VVrgjniQ B ach to -wit: The foregoing instrument was acknowledged before me this Aust , 2013, by Philip H. Damuth. Notary Registration Number: (g2lo(z� 3d' day of My Commission Expires: (0.30'2-X5 (SEAL) SHELLY K SOWERS Notary Public Commonwealth of Virginia 192665 My Commission Expires Jun 30, 2015 STATE OF VlYgliCI CITY/COUNTY OF Vi hiCI ergnCh, to -wit: The foregoing instrument was acknowledged before me this AI.ICJI.IS-V- , 2013, by Cori O. Damuth Notary Registration Number: 112 to 65 ScThday of My Commission Expires: Co '30 • Z0\5 8 (SEAL) a a S a. A m l a B SHELLY K SOWERS Notary Public Commonwealth of Virginia 192665 My Commission Expires Jun 30, 2015 APPROVED AS TO CONTENTS k1.6) E DEPARTMENT 9 APPROVED AS TO LEGAL SUFFICIENCY AND FORM MEYER, ASSOCIA CITY ATTORNEY PROPOSED PWC LIFTS PROPOSED 163 L.F. BULKHEAD 4o, EX. PILE PROPOSED LANDSCAPE BUFFER (TYP) TURF 15.90• PROPOSED WHARF 0 z DECIDUOUS (TYP) 2 STY. GARAGE 1ENTIRE LOT IN RPAI RICHARD T. BARTLETT z Lic. No. 18335 MAY 16, 2013 Ox, tS o 00 yr. O�O S S9 0 30 60'`SO' ,Q6)4 71/sR Ed 4)0 1"=30' \ \ PROPOSED WHARF EXTENSION fX EX. PILE f '1' rMefR APO 3 CITY OF VIRGINIA BEACH 4n• TURF °8 TURF h /- PROPOSED 12,500# BOAT LIFT TURF BUFFER REQ'D: 157.55'x15'=2,364 SF BUFFER PROVIDED: 1,418 SF DIFFERENCE: 946 SF GPIN: 1499-99-9181 ZONING: R-20 ENGINEERING SERVICES PROVIDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS, 11C. PHONE: (757) 773-8084 EMM. RICKOPCC-LLC.COM N ,� PROPOSED //� WHARF kyFgO MHW & MLW AT EX. TIMBER BULKHEAD EVERGREEN (TYP) LOT 92 N/F WILLIAM COX JR. ESTATE GPIN: 1499 99 8075 2309 BROAD BAY ROAD PROPOSED 1,418 SF LANDSCAPE BUFFER INCLUDES PLANTINGS OF: CANOPY TREES: (4) BALD CYPRESS UNDERSTORY TREES: (4) NATCHEZ CREPE MYRTLES (4) BLOODGOOD JAPANESE MAPLE (12) SHRUBS TO BE PLANTED AMONG THE TREES AND THROUGHOUT THE BUFFER AREA THAT WILL ARCHITECTURALLY BLEND WITH THE SPECIES OF TREES PLANTED MISC. GROUND COVER, ORNAMENTAL GRASSES & PERENNIAL PLANTS EXHIBIT "A" — ENCROACHMENT REQUEST FOR PHIL DAMUTH MAY 16, 2013 SHEET 1 OF 1 2H05 Broad Bay Road Legend i City Property LOCATION MAP FOR PHILIP H. DAMUTH & CORI O. DAMUTH 2305 BROAD BAY ROAD GPIN 1499-99-9181 Feet 0 50 100 200 Prepared by P. W!Eng /Eng. Support Services Bureau 087032013 X:\CADO\Prc BctS RC FilesWCENDAMAPStBraad Bay Rdt1499-99-9181`.1499-99-918toud -55- Item-VI-L8a/b/c(1 &2)/d ORDINANCES ITEM #63150 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE: a. $268,859 from the United States Field Hockey Association to the "Sportsplex/field Hockey National Training Center Repair/Renovations 1" re replacement of field turf at Field Number One b. $100, 000 to the City's Beautification Fund re completion of tree planting projects c. United States Department of Transportation, National Highway Traffic Safety Administration via the Virginia Department of Motor Vehicles to the FY 2013-14 Operating Budget of the Police Department funds: (1) $65,102 and TRANSFER $32, 551 re Police Officer overtime, equipment and enforcement of seat belt laws (2) $54,420 and TRANSFER $27,210 re Police Officer overtime, equipment and enforcement of DUI laws d. $54,000 from the United States Department of Homeland Security to the Operating Budget of the Fire Department re equipment for the Haz Mat Team Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 24, 2013 1 AN ORDINANCE TO APPROPRIATE FUNDS TO CIP 2 4-080 "SPORTSPLEX/FIELD HOCKEY NATIONAL 3 TRAINING CENTER REPAIR/RENOVATIONS I" FOR 4 REPLACEMENT OF TURF AT FIELD NUMBER ONE 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 7 That $268,859 from the United States Field Hockey Association is hereby 8 appropriated, with private contribution revenue increased accordingly, to CIP 4-080 9 "Sportsplex/Field Hockey National Training Center Repair/Renovations I" for the 10 replacement of field turf for Field Number One. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of September 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C_� r Budget and Management Servic s Cit CA12728 R-1 September 5, 2013 1 AN ORDINANCE TO APPROPRIATE 2 $100,000 TO THE BEAUTIFICATION 3 FUND 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 That $100,000 is hereby appropriated, with specific fund reserve revenue 7 increased accordingly, to the City's Beautification Fund for the purpose of completing 8 tree planting projects. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th 1 2013. day of September Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bu get and Management Services CA12733 R-1 September 11, 2013 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN OPERATING 3 BUDGET OF POLICE FOR THE ENFORCEMENT OF SEAT 4 BELT LAWS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1) $65,102 is hereby accepted from the United States Department of 9 Transportation, National Highway Traffic Safety Administration, via the Virginia Department 10 of Motor Vehicles and appropriated, with estimated federal revenues increased 11 accordingly, to the FY 2013-14 Operating Budget of the Police Department for police 12 officer over -time and equipment related to the enforcement of seat belt laws; and 13 14 2) $32,551 is hereby transferred within the FY 2013-14 Operating Budget of the 15 Police Department to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of September 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City A CA12732 R-1 September 9, 2013 ffice 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE 3 OPERATING BUDGET OF POLICE FOR THE 4 ENFORCEMENT OF DUI LAWS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1) $54,420 is hereby accepted from the United States Department of 9 Transportation National Highway Traffic Safety Administration via the Virginia Department 10 of Motor Vehicles and appropriated, with estimated federal revenues increased 11 accordingly, to the FY 2013-14 Operating Budget of the Police Department for police 12 officer over -time and equipment related to the enforcement of DUI laws; and 13 14 2) $27,210 is hereby transferred within the FY 2013-14 Operating Budget of the 15 Police Department to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of September 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Service CA12731 R-1 September 9, 2013 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE GRANT FUNDS FROM THE 3 U.S. DEPARTMENT OF HOMELAND 4 SECURITY TO THE FIRE DEPARTMENT FOR 5 HAZ MAT TEAM EQUIPMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $54,000 in funding from the US Department of Homeland Security is hereby 11 accepted and appropriated, with estimated federal revenue increased accordingly, to 12 the Operating Budget of the Fire Department for the purpose of purchasing equipment 13 for the Haz Mat Team. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of September , 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services CA12730 R-1 September 9, 2013 Item -VI-J PLANNING 1. HOME ASSOCIATES -56- ITEM #63151 2. COASTAL DEVELOPMENT VENTURES, INC 3. CREEDS RURITAN CLUB 4. VIRGINIA BEACH THEOLOGICAL SEMINARY 5. FRANK LIPOLI/ABACUS 6. 493 SOUTH INDEPENDENCE BLVD, LLC 7. CRESCENT COMMUNITY CENTER CORP 8. LILLEL FARMS, INC. 9. KEMPDEL, INC. VARIANCE STREET CLOSURE MODIFICATION OF CONDITIONS MODIFICATIONS OF CONDITIONS MODIFICATION OF CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING & VARIANCE CONDITIONAL CHANGE OF ZONING September 24, 2013 -57 - Item -V-J • PLANNING ITEM #63152 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2, 3, 4, 5, 8a/b and 9 of the PLANNING AGENDA. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 24, 2013 -58 - Item -V-J.1 PLANNING ITEM #63153 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of HOME ASSOCIATES for a Variance to Subdivision Regulations Section 4.4 (b), which requires all lots meet the requirements of the City Zoning Ordinance (CZO) to allow a lot line shifted to resolve an existing encroachment at 508 Forest Street DISTRICT 2 — KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Application of HOME ASSOCIATES for a Variance to Subdivision Regulations Section 4.4 (b), which requires all lots meet the requirements of the City Zoning Ordinance (CZO) to allow a lot line shifted to resolve an existing encroachment at 508 Forest Street (GPINs 1466881220; 1466881249) DISTRICT 2 — KEMPSVILLE The following condition shall be required: 1. The subject site shall be resubdivided substantially in accordance with the submitted preliminary Subdivision Plat entitled "Proposed Resubdivision Exhibit, Lot 12 and Lot 13 Kempsville Parkway, Geo. Denny Property"; dated June 17, 2013, and prepared by Martin Engineering. Said Plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department 2. A minimum thirteen (13) foot wide side yard setback along the northern property line of Lot 13A shall be required for any principal structure. A note to this effect must be provided on the final Resubdivision Plat. 3. The following note must be provided on the final Resubdivision Plat: The installation and all costs associated with providing sanitary sewer laterals and / or water taps to Lot 13A will be the responsibility of the developer / owner of the lot at the time of construction or the request for services. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Fourth day of September, Two Thousand Thirteen September 24, 2013 -59 - Item -V-J.1 PLANNING ITEM #63153(Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 24, 2013 -60 - Item —V -J.2 PLANNING ITEM #63154 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of COASTAL DEVELOPMENT VENTURES, INC. for a Street Closure re an unimproved right-of-way on Oak Lynn Path DISTRICT 5 — LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Application of COASTAL DEVELOPMENT VENTURES, INC. for a Street Closure re an unimproved right-of-way on Oak Lynn Path DISTRICT 5 — LYNNHAVEN The following condition shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be 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. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. An easement shall be provided to Virginia Dominion Power for existing overhead facilities and an easement shall be provided to Virginia Natural Gas for an existing two (2) -inch gas main located within the right-of-way. The applicant shall, however, verify that no additional private utilities exist within the right-of-way proposed for closure. In the event additional private utilities do exist, easements satisfactory to that utility company must be provided. 4. Closure of the right-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 right-of-way, this approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Fourth day of September, Two Thousand Thirteen September 24, 2013 -61 - Item -V-J.2 PLANNING ITEM #63154(Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 24, 2013 1 ORDINANCE APPROVING APPLICATION OF 2 COASTAL DEVELOPMENT VENTURES, INC. FOR 3 THE CLOSURE OF APPROXIMATELY 10,500 SQ. 4 FT. OF AN UNIMPROVED RIGHT-OF-WAY KNOWN 5 AS OAK LYNN PATH 6 7 WHEREAS, Coastal Development Ventures, Inc., a Virginia corporation, 8 (the "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to have 9 the hereinafter described unimproved right-of-way discontinued, closed, and vacated; 10 and 11 12 WHEREAS, it is the judgment of the Council that said right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance; 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 17 Virginia Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described portion of the unimproved right-of-way, 22 known as Oak Lynn Path, be discontinued, closed and vacated, subject to certain 23 conditions being met on or before one (1) year from City Council's adoption of this 24 ordinance: 25 26 ALL THAT certain piece or parcel of land situate, lying and 27 being in the City of Virginia Beach, Virginia, designated and 28 described as "AREA OF PROPOSED STREET CLOSURE 29 (10,487 SQ. FT., 0.241 AC.)", shown as the hatched area on 30 that certain plat entitled "STREET CLOSURE EXHIBIT OF A 31 10,487 SQ. FT. (0.241 AC.) PORTION OF OAK LYNN PATH 32 (A PUBLIC R/W) BETWEEN BLAIR CIRCLE AND LITTLE 33 HAVEN ROAD (M.B. 139, P. 25) (M.B. 123, P. 47) (M.B. 111, 34 P. 42) (M.B. 25, P. 85) VIRGINIA BEACH, VIRGINIA 35 EXCLUSIVELY FOR COASTAL DEVELOPMENT VENTURES, 36 INC. AND ROBERT H. POWELL, III & ELAYNE P. POWELL", 37 Scale: 1" = 60', dated April 30, 2013, prepared by wpl, a copy 38 of which is attached hereto as Exhibit A. 39 40 SECTION II 41 42 The following conditions must be met on or before one (1) year from City 43 Council's adoption of this ordinance: 44 45 GPIN: City right-of-way / No GPIN assigned 46 (Adjacent to GPINs 1498-13-4051 and 1498-13-2153) 1 47 1. The City Attorney's Office will make the final determination regarding 48 ownership of the underlying fee. The purchase price to be paid to the 49 City shall be determined according to the "Policy Regarding Purchase 50 of City's Interest in Streets Pursuant to Street Closures," approved by 51 City Council. Copies of the policy are available in the Planning 52 Department. 53 54 2. The Applicant shall resubdivide the property and vacate internal lot 55 lines to incorporate the closed area into the adjoining parcels. The plat 56 must be submitted and approved for recordation prior to final street 57 closure approval. 58 59 3. An easement shall be provided to Virginia Dominion Power for existing 60 overhead facilities and an easement shall be provided to Virginia 61 Natural Gas for an existing two-inch gas main located within the right - 62 of -way. The Applicant shall, however, verify that no additional private 63 utilities exist within the right-of-way proposed for closure. In the event 64 that additional private utilities do exist, easements satisfactory to that 65 utility company must be provided. 66 67 4. Closure of the right-of-way shall be contingent upon compliance with 68 the above stated conditions within 365 days of approval by City 69 Council. If the conditions noted above are not accomplished and the 70 final plat is not approved within one (1) year of the City Council vote to 71 close the right-of-way, this approval shall be considered null and void. 72 73 SECTION III 74 75 1. If the preceding conditions are not fulfilled on or before September 23, 2014, 76 this Ordinance will be deemed null and void without further action by the City Council. 77 78 2. If all conditions are met on or before September 23, 2014, the date of final 79 closure is the date the street closure ordinance is recorded by the City Attorney. 80 81 3. In the event the City of Virginia Beach has any interest in the underlying fee, 82 the City Manager or his designee is authorized to execute whatever documents, if any, 83 that may be requested to convey such interest, provided said documents are approved 84 by the City Attorney's Office. 85 SECTION IV 86 87 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 88 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 89 OF VIRGINIA BEACH as "Grantor" and COASTAL DEVELOPMENT VENTURES, INC. 90 and ROBERT H. POWELL, III and ELAYNE P. POWELL, as "Grantee." 2 91 Adopted by the 92 24th day of September , 2013. Council of the City of Virginia Beach, Virginia, on this APPROVED AS TO LEGAL SUFFICIENCY: L��cz 14/h/:110/ City Attorney CA12573 \\vbgov.com\DFS1 Wppl ications\CityLawProd\cycom32\W pdocs\D024\P014\00047647. DOC R-1 September 13, 2013 3 APPROVED AS TO CONTENT: 8279 ',4t, 3 8/. 64 ' EXHIBIT A EXISTING R/W LINE N OTE: 1. THS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT—OF—WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE:. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. 4.**=? LT.V. <9. •Atb "5:9 x> • „ „, •-/ -/ ,47). to 4 4? <IZ4242491 (Z) I = S;t1Q:N- P0/NT OF BEGINNING LOT 8C 1498-13-2153 (M.B. 139, P. 25) N AREA OF PROPOSED STREET CLOSURE (10,487 SQ. FT., 0.241 AC.) A=71.15' R=80.14' A =50'51 '59" A=23.05' R=140.00' A =975'58" BRG=N 81' 51'52 W cij N 86'35 100" W 151.28' BLAIR - 50' R/W CIRCLE (4ts. 111, P. 42) (AI.B. 123, P. 47) (MB. 139, P. 25) A=101.57' LI =41'34'05 BRG=N 5672'01 W A A=80. 32 ' A =1874'25" BRG=N 4447'12 W Landscape Architecture Land Surveying Civil Engineering scam 757,431.1041 th ilUSTAIG 111 SE 8 %CNA EOM 23451 SCALE: I " =60' STREET CLOSURE EXHIBIT OF A 10,487 SQ. FT. (0.241 AC.) PORTION OF OAK LYNN PATH (A PUBLIC R/W) BETWEEN BLAIR CIRCLE AND LITTLE HAVEN ROAD (M.B. 139, P. 25)(M.B. 123, P. 47) (M.B. 111, P. 42)(M.B. 25, P. 85) VIRGINIA BEACH, VIRGINIA Exclusively for COASTAL DEVELOPMENT VENTURES, INC. AND ROBERT H. POWELL, 111 & BAYNE P. POWELL SHEET 1 30 APRIL. 4.11 VIL I f }IA ZVI - ritirsr vrtte-111111A IIVAtITT VA 1 V Ti 1 PT.A1'• T. -2R9 1 OF 1 2013 JTsI• 21—n1 -62 - Item -V-J.3 PLANNING ITEM #63155 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of CREEDS RURITAN CLUB for Modification of Conditions Nos. 1-4 re a private club (approved November 28, 1995) at 1057 Princess Anne Road DISTRICT 7 - PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CREEDS RURITAN CLUB for Modification of Conditions Nos. 1-4 re a private club (approved November 28, 1995) at 1057 Princess Anne Road (GPIN 2400666102) DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. Hours of operation shall be limited to 6:00 A.M. to 11:00 P.M. 2. Outdoor events shall not involve the use of amplified musical equipment. 3. All parking shall be provided in the existing parking lot adjacent to the building as shown on the submitted Site Plan and in that area lying between the club/office building and the rear property line. 4. The existing hardwood trees within the front 230 feet of the site shall be retained. 5. This Modification of the 1995 Conditional Use Permit grants approval only for the use by the Creeds Ruritan Club of two (2) existing one (1) -story structural metal buildings (6,400 square feet and 6,000 square feet) for activities and social functions. The building locations are shown on the Plan submitted to the Department of Planning on December 18, 2012, entitled "Physical Survey, Parcel C Subd. of Nelson P. Brock and Mabel C. Brock," and dated 20 February 1991. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Fourth day of September, Two Thousand Thirteen September 24, 2013 -63 - Item -V-J.3 PLANNING ITEM #63155(Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 24, 2013 -64 - Item -V-J.4 PLANNING ITEM #63156 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of VIRGINIA BEACH THEOLOGICAL SEMINARY for Modification of Conditions of a Conditional Use Permit for a church (granted on September 13, 1982, December 1985, January 1995 and Modified on September 14, 2004) re a new monument -style sign at 2221 Centerville Turnpike DISTRICT 1— CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of VIRGINIA BEACH THEOLOGICAL SEMINARY for Modification of Conditions of a Conditional Use Permit for a church (granted on September 13, 1982, December 1985, January 1995 and Modified on September 14, 2004) re a new monument -style sign at 2221 Centerville Turnpike (GPIN 1454969612) DISTRICT 1— CENTERVILLE The following conditions shall be required: I. A sign for the Virginia Beach Theological Seminary is permitted on the Site provided that the sign, when constructed, shall be as depicted on the elevation entitled, "Virginia Beach Theological Seminary," prepared by Pen Sign, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. The westernmost footing of said sign shall be located no farther than one (1) foot from the Eastern edge of the existing streetscape landscaping bed along Centerville Turnpike, unless deemed otherwise by Zoning or Permits and Inspections Staff. If the Seminary vacates the property, said sign shall be removed. 2. All conditions attached to the Modification of the Conditional Use Permit granted by the City Council on September 13, 2004 shall remain in effect: a. The additions and future buildings on the church's property shall be located and constructed in substantial conformance with the concept plan entitled "EXHIBIT A, COLONIAL BAPTIST CHURCH, CONDITIONAL USE PERMIT, VIRGINIA BEACH, VA, " prepared by Hoggard/Eure Associates, P.C., which has been exhibited to the City of Virginia Beach City Council and is on file in the Virginia Beach Planning Department. b. All new structures identified on the Concept Plan described in Condition No. 1 above, shall be constructed with brick exterior to match that of the existing church and shall be in substantial conformance with the elevations entitled "NEW FACILITY, COLONIAL BAPTIST CHURCH, NEW OFFICE BUILDING, " dated June 17, 2004, prepared by Barnes Design Group Architecture, which has been exhibited to the City of Virginia Beach City Council and is on file in the Virginia Beach Planning Department. All elevations shall be submitted to the Planning Director for final review and approval prior to the issuance of the building permit. c. The existing solid, six (6) foot high privacy fence along the Western property line shall be maintained in good condition at all times. All grassed areas along the fence line shall also be mowed and maintained free of vines and weeds at all times September 24, 2013 -65 - Item -V-J.4 PLANNING ITEM #63156(Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Fourth day of September, Two Thousand Thirteen Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 24, 2013 -66 - Item -V-J.5 PLANNING ITEM #63157 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of FRANK LIPOLI/ABACUS Modification of a Conditional Use Permit for outdoor recreation (approved on July 7, 2009) to ADD `Haunted Halloween' as an outdoor recreation at 1848 Princess Anne Road DISTRICT 7 — PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of FRANK LIPOLI/ABACUS Modification of a Conditional Use Permit for outdoor recreation (approved on July 7, 2009) to ADD `Haunted Halloween' as an outdoor recreation at 1848 Princess Anne Road (GPIN 2413142116) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. The conditions of this Use Permit, as follows, apply only to the `Haunted Hallow ' outdoor event. Conditions of the 2009 Use Permit for outdoor recreation are not affected by this Modification. 2. The activities shall be operated as described in the submitted document entitled "Pungo Haunted Hollow Operations and Emergency Preparedness Handbook. " Said `Handbook' has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The principal `Haunted Hollow' activities shall occur within the wooded area of the Site as depicted on the Plan entitled "Pungo Haunted Hollow Site Layout." 4. Access to the Site and motor vehicle parking shall be substantially as shown on the Plan referenced in Condition No. 3. There shall be no other point of vehicular access to and from the Site. 5. The `Haunted Hollow' event shall not commence operation each year until the second weekend of the month of October and shall cease operation after October 31. The hours of operation shall not be before 6:00 P.M. or after 11:00 P.M. 6. A certified Police Officer / certified Traffic Monitor shall be on the Site at least sixty (60) minutes prior to the production opening to the public for the purpose of controlling traffic to and from the Site on Princess Anne Road. 7. The Zoning Administrator shall review the conditions of this Use Permit on an annual basis to determine if there have been any complaint pertaining to the events. The review will be for the purpose of determining if issues stemming from any complaint can be successfully addressed or if the issue is of such magnitude that it requires further Modification to the Use Permit. If the Zoning Administrator determines that such Modification is necessary, an application for a Modification of Conditions shall be submitted. September 24, 2013 -67 - Item -V-J.5 PLANNING ITEM #63157(Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Fourth day of September, Two Thousand Thirteen Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 24, 2013 -68 - Item -V-J.6 PLANNING ITEM #63158 The following individuals registered to speak: Steven Lentz, Attorney for Applicant, advised this request is for a State -of -the -Art car wash with tunnel design, and noise levels complying with the City's standards. The noise from the car wash has been engineered to go back into the tunnel. This project dramatically improves the gas station that is currently on the property. The Applicant agreed to close three (3) curbed entrances making it a single entrance and exit. The Applicant presented the proposal to the neighboring Larkspur Civic League and they had no objections. An anonymous flier appeared on neighbors doors last week with misinformation. The Developer has done his best to provide accurate information. Gag Franks, 770 Independence Circle, Phone: 472-2719, is the Civil Engineer on this project and is happy to answer any questions. Joseph Yurso, represented approximately 700 families in Larkspur. In November 2012, a meeting was called with the Board of Trustees regarding the property. The Board was encouraged to have some meaningful business interest in the property. The only concerns expressed were related to the traffic. Vance Bartley, did his very best to try and inform all neighbors of the property by walking around and knocking on doors of those who would be directly impacted. Robert Wyman, 501 Ben Hogan Drive, Phone: 912-2973, has lived in Larkspur since 2007 and expressed concern regarding the traffic increase. He requested the matter be deferred until residents become better informed. CJ Pegram, 5309 Glenville Circle, Phone: 340-3510, expressed concern regarding noise, traffic and proximity of the car wash to neighbor's homes. David Winkler, 508 Edwin Drive, is a long time resident of Larkspur and has seen traffic grow by leaps and bounds. The neighbors often refer to Edwin Drive as "Edwin Drive Expressway ". Mr. Winkler expressed concern regarding increase in traffic and negative impacts on Edwin Drive. Tina Rassi, 4532 McGregor Drive, Phone: 560-4013, has lived in Larkspur for 9 years and is happy to tolerate the 4`'' of July traffic but does not want to see the traffic increase year `round. Mr. Rassi agrees that something needs to be on the property but would like more thought to go into the logistics. Scott Lenon, 4536 McGregor Drive, Phone: (619) 618-8455, expressed concern regarding the increase in traffic. A business should benefit neighbors, not be a detriment. Richard Carrok, 4600 McGregor Drive, Phone: 641-0603, is not opposed to the car wash but expressed concern regarding the increase in traffic Allison Flowers, 4604 McGregor Drive, Phone: 499-0403, grew up in Larkspur and is raising her children in the same community. The car wash is no less than 80 feet from her home. She expressed concern regarding the noise. Her disabled mother lives with her and this will be a disruption to her every day. Ms. Flowers also expressed concern regarding the increase in traffic. September 24, 2013 -69 - Item -V-J.6 PLANNING ITEM #63158(Continued) Upon motion by Council Lady Ross -Hammond, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, UNTIL ACCESS IS RESOLVED SATISFACTORILY TO ALL PARTIES, Application of 493 SOUTH INDEPENDENCE BLVD, LLC. Conditional Use Permit re an automated car wash at 493 South Independence Boulevard DISTRICT 2 — KEMPSVILLE Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. (had to leave for a previous committment) September 24, 2013 -70 - Item -V-J.7 PLANNING ITEM #63159 The following individuals registered to speak: Eddie Bourdon, Attorney for Applicant, requested a Conditional Use Permit for a Religious Use. The proposed property is above the "Blue Line" and consistent with the Comp Plan. The Department of Navy has confirmed this is a compatible land use. The Applicant has worked with Staff to develop a tasteful, attractive, functional building. Mr. Bourdon expressed appreciation to Mr. Whitney and Ms. Prochilo for their work on this project. The project has 70% Open Space. The traffic impact will be minimal and both roads are far below capacity. Scott Saunders, 2721 River Road, Phone: 621-6328, represented the Virginia Beach Chapter Members of ACT for America spoke in OPPOSITION. Mr. Saunders expressed concern regarding terrorism. Lou Rosario, 2357 Salem Road, Phone: 749-1479, spoke in OPPOSITION. Mr. Rosario presented a Petition with approximately 100 signatures in opposition of this Application. Mr. Rosario advised, based on the errors in the Application, this should be denied. The biggest concern is the increase in traffic to these already congested roads. Toni Wirges, 3905 Border Way, spoke in OPPOSITION. Mr. Wirges presented a Petition with approximately 35 signatures of residents from Highland Parish Community on Salem Road opposed to this Application. Mr. Wirges advised this is not about religion, but the increase in traffic on already congested roads as well as the safety impact to the area. Jamie Sanford, 3744 Landstown Road, Phone: 434-8503, lives directly across the street from this property and spoke in OPPOSITION. Ms. Sanford 's family has lived there for 27 years and does not want any type of building across the street that is going to increase traffic and noise. Roger Dadiomoff, 3030 Sand Bend Road, Phone: 338-6213, spoke in OPPOSITON. Mr. Dadiomoff is retired United Airline Pilot and several of his colleagues died on September 11, 2001, as a result of radical Islam. He advised he is not here to object to this Application because of the increase in traffic but to stand up against the construction of this building. Mr. Bourdon, Attorney for Applicant, advised there is no evidence this Applicant has any ties to the Muslim Brotherhood or any Terrorist organization. Mr. Bourdon reminded City Council Members the issue before them is for the proper land use. Upon motion by Council Lady Henley, seconded by Councilman Uhrin, City Council APPROVED/CONDITIONED, Application of CRESCENT COMMUNITY CENTER CORP for a Conditional Use Permit to construct a religious center at 2438 Salem Road DISTRICT 7 — PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CRESCENT COMMUNITY CENTER CORP for a Conditional Use Permit to construct a religious center at 2438 Salem Road (GPIN 1484334492) DISTRICT 7 — PRINCESS ANNE September 24, 2013 -71 - Item -V-J.7 PLANNING ITEM #63159(Continued) The following conditions shall be required: 1. The Site shall be developed substantially in accordance with the two (2) submitted Site Plans, which are entitled "Conceptual Site Plan Crescent Community Center." One (1) Plan, prepared in color by WPL Landscape Architects Land Surveyors Civil Engineers, and dated March 27, 2013, will provide the primary guidance regarding the landscaping of the Site. The Second Plan, prepared by Kelly J. Olt, Architect, which is not dated, will provide the primary guidance for the multi-purpose trail and reduced berming. Said Plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The building shall be constructed substantially in accordance with the submitted building elevation drawings entitled "Elevations Crescent Community Center" prepared by Kelly J. Olt, Architect, as well as the colored perspective rendering, which is unsigned and undated. Building materials shall be neutral in color and as indicated on the building elevation drawings. 3. The Development Site Plan submitted to the Planning Department / Development Services Center shall include roadway shoulder and drainage ditch improvements as required by Public Works / Traffic Engineering. 4. The Development Site Plan submitted to the Planning Department / Development Services Center shall include aPphotometric Lighting Plan for review and approval by the Police Department or appropriate City staff. The Lighting Plan should include the height of poles located in the parking lot and the location of all pole -mounted and building -mounted lighting fixtures. The Plan should list the type of lamp, wattage and type of fixture. Full cut-off fixtures shall be used for parking lot lighting. 5. No outdoor speakers or public address systems shall be permitted. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Fourth day of September, Two Thousand Thirteen September 24, 2013 -72 - Item -V-J.7 PLANNING ITEM #63159(Continued) Voting: 9-1 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: William R. "Bill" DeSteph, Council Members Absent: Mayor William D. Sessoms, Jr. September 24, 2013 -73 - Item -V-J.8 PLANNING ITEM #63160 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/PROFFERED/CONDITIONED, BY CONSENT, Applications of LILLEL FARMS, INC. at 2120 Centerville Turnpike DISTRICT 1— CENTERVILLE a. Conditional Change of Zoning from B-2 Community Business and Conditional A-24 Apartment to Conditional A-24 Apartment (PD -H2 Planned Unit Development Overlay) re multi family dwelling units b. Variance to Subdivision Regulations Section 4.1, which requires public street right-of- way widths to meet the City Zoning Ordinance (CZO) regulations to reduce the right-of- way width BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of LILLEL FARMS, INC. at 2120 Centerville Turnpike (GPIN 1464081683) DISTRICT 1 CENTERVILLE a. Conditional Change ofZoningfrom B-2 Community Business and Conditional A-24 Apartment to Conditional A-24 Apartment (PD -H2 Planned Unit Development Overlay) re multi family dwelling units An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. b. Variance to Subdivision Regulations Section 4.1, which requires public street right-of- way widths to meet the City Zoning Ordinance (CZO) regulations to reduce the right-of- way width The following conditions shall be required: 1. The Subdivision of the property shall be in substantial conformance with the Plan entitled, "Cascades East Proposed Parcels of Tax Parcell464-08-1683, " prepared by Silver Core Engineering, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. On -street parking shall not be allowed on the proposed forty (40) foot wide right-of-way with twenty six (26) foot wide paved street, depicted on the Plan entitled, "Cascades East Proposed Parcels of Tax Parcell464-08-1683, " prepared by Silver Core Engineering, Inc. The posting of signs to that affect shall be required This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Fourth day of September, Two Thousand Thirteen September 24, 2013 -74 - Item -V-J.8 PLANNING ITEM #63160(Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 24, 2013 -75 - Item -V-J.9 PLANNING ITEM #63161 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/PROFFERED, BY CONSENT, Application of KEMPDEL, INC. for a Conditional Change of Zoning from Conditional A-12 to Conditional A-12 (PD -H2 Planned United Development Overlay) [approved February 24, 2009] re dwellings at 881 Shurney Lane DISTRICT 2 — KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of KEMPDEL, INC. for a Conditional Change of Zoning from Conditional A-12 to Conditional A-12 (PD -H2 Planned United Development Overlay) [approved February 24, 2009] re dwellings at 881 Shurney Lane (GPIN 1468444310; 1468443128) DISTRICT 2 — KEMPSVILLE The following condition shall be required.• An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Fourth day of September, Two Thousand Thirteen Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 24, 2013 -76 - ITEM V -K APPOINTMENTS ITEM #63162 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: PARKS and RECREATION COMMISSION September 24, 2013 -77 - ITEM V -K APPOINTMENTS ITEM #63163 Upon NOMINATION by Council Lady Wilson, City Council REAPPOINTED: D. BART FRYE Four Year Term —10/01/2013 — 09/30/2017 AGRICULTURAL ADVISORY COMMITTEE Voting. 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. September 24, 2013 -78 - ITEM V -K APPOINTMENTS ITEM #63164 Upon NOMINATION by Council Lady Wilson, City Council APPOINTED: JAMES T. VAIL, Alternate Unexpired Term Thru 09/30/2015 WETLANDS BOARD Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. September 24, 2013 -79 - Item -V-M ADJOURNMENT ITEM #63165 Vice Mayor Jones DECLARED the City Council Meeting ADJOURNED at 7:49 P.M. .411404 041644'0 Amanda Finley -Barnes, CMC Chief Deputy City Clerk mss. `�._ 51111V11th Hodges Fraser, ser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia September 24, 2013