JANUARY 20, 2015 MINUTESCITY COUNCIL
MAYOR WILLIAM D. SESSOMS, JR., At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
M. BENJAMIN DAVENPORT, At Large
ROBERT M. DYER, Centerville - District I
BARBARA M. HENLEY, Princess Anne - District 7
SHANNON DS KANE, Rose Hall - District 3
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
CITYATTORNEY- MARK D. STILES
CITY ASSESSOR - JERALD D. BANA GAN
CITYAUDITOR LYNDONS. REMIAS
CITY CLERK -RUTH HODGES FRASER, MMC
I
II.
III
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
20 JANUARY 2015
MAYOR WILLIAM D. SESSOMS, JR.
PRESIDING
CITY MANAGER BRIEFING
- Conference Room -
A. MOBILE APPLICATIONS
Communications and Technology
Matt Arvay, Director
Chris Golding, Systems Engineer
CITY COUNCIL COMMENTS
CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. CITY COUNCIL ROLL CALL
C. RECESS TO CLOSED SESSION
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE. -(757) 385-4303
FAX (75 7) 385-5669
E-MAIL: Ctycncl@vbgov.com
3:30 PM
4:30 PM
V. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Doug Gray
Senior Chaplain
Westminster Canterbury
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 January 6, 2015
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. PUBLIC HEARINGS
1. Creation of a Special Service District (SSD)
Hurds Cove Neighborhood Dredging Project
2. Excess City -Owned Property
130 London Bridge Road
3. Proposed Leases
a. 1409 Virginia Beach Road
b. 1467 Old Virginia Beach Road
C. 213 and 217 Louisa Avenue
4. Acquisition of Property by Agreement or Condemnation
Southern Canal and Lead Ditch Culvert Replacement Project
I. ORDINANCE S/RESOLUTIONS
1. Ordinance to AMEND the City Code and ADD Section 35.3-13:
a. CREATE Hurd's Cove Neighborhood Dredging Special Service District (SSD) and
LEVY additional taxes
b. TRANSFER $600,000 for engineering and design work
DISTRICT 5 -LYNNHAVEN
2. Ordinance to DECLARE the property at 130 London Bridge Road EXCESS of the City's needs
and AUTHORIZE the City Manager to CONVEY the property to the Development Authority
DISTRICT 6 — BEACH
Ordinances to AUTHORIZE the City Manager to EXECUTE Leases:
a. 1409 Old Virginia Beach Road to Virginia Beach Community Development Corporation
b. 1467 Old Virginia Beach Road to Transitions Community Development Corporation
DISTRICT — 6 BEACH
4. Resolution re City Investments and Deposits
(Sponsored by Councilman Moss)
Ordinances to AUTHORIZE:
a. Acquisition of property in fee simple for right-of-way re the Southern Canal and Lead
Ditch Culvert Replacement Phase II
b. Temporary Encroachments into a portion of Pinewood Branch (Lynnhaven River) re
maintaining an existing bulkhead, construct and maintain a proposed boatlift and
pier at 2804 West Point Court
DISTRICT 6 - BEACH
6. Ordinances to ACCEPT and APPROPRIATE funds from the Virginia Department of
Emergency Management (VDEM):
a. $165,547 re Hazmat Team Equipment and Training
b. $ 6,600 re Transportation of Hazardous Materials Training
J. PLANNING
MCQ BUILDERS, LLC and B.H. VINELAND, LLC for a Change in Non -Conformity re single
family dwellings at 1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road
DISTRICT 7 — PRINCESS ANNE
RECOMMENDATION
INDEFINITE DEFERRAL
2. STEVE BARNES and MARY SUE and JAMES S. RIGGS at 1076 Sandbridge Road
(Deferred December 2, 2014)
DISTRICT 7 — PRINCESS ANNE:
a. Variance to Section 4.4(b) of the Subdivision Re lain of the City Zoning Ordinance
(CZO)
b. Variance to the Floodplain Ordinance, Sections 4.10(B) and 5.1(B)
c. Conditional Use Permit for a Farm Stand
RECOMMENDATION
APPROVAL
3. DOMINION VIRGINIA POWER for a Conditional Use Permit re to EXPAND a Public Utility
Electric Transformer Station at 2056 Recreation Avenue
DISTRICT 7 — PRINCESS ANNE
RECOMMENDATION
APPROVAL
4. KENNETH LEACH and TIMOTHY WHITE for a Conditional Use Permit re an Open Air
Market at 2545 Sandpiper Road
DISTRICT 7 — PRINCESS ANNE
RECOMMENDATION
APPROVAL
5. OBEDIENT PAWS, LLC and ADAM and DIANE BLACKISTON for a Conditional Use Permit
re a Home Occupation for boarding and training at 5013 Madeira Road
DISTRICT 4 - BAYSIDE
RECOMMENDATION
APPROVAL
6. BEACH LAWN and GARDEN INC and GEORGE LEITZ for a Conditional Use Permit re Bulk
Storage at 1760 Independence Boulevard
DISTRICT 4 — BAYSIDE
RECOMMENDATION
APPROVAL
7. NEWTOWN SQUARE ASSOCIATES, LLC and PROVIDENCE DEVELOPMENT CORP for
a Change of Zoning from B-2 Community Business and A-18 Apartment to Conditional B-4 Mixed
Use District Commercial re redevelopment of the site at 544 Newton Road and 525 Landfall Arch
DISTRICT 2 — KEMPSVILLE
RECOMMENDATION
APPROVAL
8. CHECKERED FLAG MOTOR CAR COMPANY, INC and JULIA H. LAWRENCE TRUST:
a Change of Zoning from A-12 Apartment and B-2 Community Business to Conditional B-2
Community Business at 324 Nelms Lane and Virginia Beach Boulevard
b. Conditional Use Permit re Auto Sales and Service
DISTRICT 4 - BAYSIDE
RECOMMENDATION
APPROVAL
9. AH SANDBRIDGE, LLC for Modification of Proffer No. 3 of a Conditional Change of Zoning at
2101 Princess Anne Road (APPROVED June 11, 2013)
DISTRICT 7 — PRINCESS ANNE
RECOMMENDATION
10. CITY OF VIRGINIA BEACH:
APPROVAL
a. Change of Zoning from B-2 Community Business to Conditional I-1 Industrial at London
Bridge Road between Potters Road and I-264 re uses compatible with the Accident Potential
Zone
DISTRICT 6 — BEACH
RECOMMENDATI
b. AMEND Section 107 of the City Zoning Ordinance (CZO) re Proffered Conditions that deviate
from allowable lot coverage
RECOMMENDATION
APPROVAL
c. AMEND the Comprehensive Plan re Princess Anne and Transition Area, Chapter 4 of the Policy
Document, and REVISE the Transition Area Design Guidelines
RECOMMENDATION
APPROVAL
d. AMEND Section 502 of the City Zoning Ordinance (CZO) re setbacks adjacent to the Atlantic
Ocean
RECOMMENDATION
APPROVAL
e. ESTABLISH Transition Rules for the review of Site Plans, Subdivision Plats and other Plans of
Development for setbacks adjacent to the Public Beach of the Atlantic Ocean
RECOMMENDATION
APPROVAL
11. RESOLUTION re SIMON ACQUISITION II, LLC for a Comprehensive Plan Consistency
Review for vehicular access
RECOMMENDATION
K. APPOINTMENTS
COMMUNITY SERVICES BOARD - CSB
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
PERSONNEL BOARD
TRANSITION AREA/ITA CITIZENS ADVISORY COMMITTEE
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
ADOPTION
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
CITY COUNCIL WINTER RETREAT
Brock Environmental Center
3663 Marlin Bay Drive
Bayside District
February 5-6, 2015
8:30 AM to 5:00 PM
-1 -
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 20, 2015
Mayor William D. Sessoms, Jr., called to order City Council's Briefing, in the City Council Conference
Room, Tuesday, January 20, 2015, at 3:30 P.M.
Council Members Present:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
-2 -
CITY MANAGER'S BRIEFING
MOBILE APPLICATIONS
ITEM #64495
3:30 P.M.
Mayor Sessoms welcomed Matt Arvay, Director — Communication and Technology Department. Mr.
Arvay expressed his appreciation to City Council for their continued support. Mr. Arvay advised this
presentation will provide an update on the Mobile Applications Project. He introduced Chris Golding,
Systems Engineer:
Mobile
Applications
1/20/2015
WCommunications & IT
Mr. Golding expressed his appreciation to City Council for the opportunity to provide an update to the
Mobile Applications Project. He provided the Agenda for today's Briefing:
Agenda
• State of Mobile
Master Technology Plan: 5-7 Mobile
Strategy
• VB Connect
• ooerview
Features
Demo
VB Works
Overview
• Departments using VB Works in
Phase I
• Supported Service Requests
Demo
WCommunications & IT
January 20, 2015
-3 -
CITY MANAGER'S BRIEFING
MOBILE APPLICATIONS
ITEM #64495
(Continued)
Mobile has become an essential platform the City must support as it continues to gain popularity for City
Services. In fact, last year 38% of "traffic " on vbgov.com was via mobile/desktop:
State of Mobile
Mr. Golding advised the word `Mobile" is a generic term. The City is targeting the largest group of
mobile devices by Citizens and focusing on the two that make up 93.9% of the market:
State of Mobile
comScore July 2014 Smartphone
• Target the largest group of
Market Share
devices that citizens use
RNMERMI
• Android and iOS make up 93.9%
Android 52.5%
jos 41.4%
of market as of July 2014
Microsoft 3.3% '
• Continue to re-examine other
BiackBerry 2.S%
platforms for development as
they develop a larger market
Symbian 0.2%
share
VyJCommunications & IT
January 20, 2015
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CITY MANAGER'S BRIEFING
MOBILE APPLICATIONS
ITEM #64495
(Continued)
This project is in line with the Master Technology Plan:
Master Technology Plan: S-7 Mobile Strategy
Objectives
• Establish a Distinguishable City of
Virginia Beach Portal
• Enhance citizen experience with
government
• Access to Services and Information'
• Drive operational efficiencies
• Increased Business and Taxpayer
Value
• Transform Business Processes end-
to-end using Mobile Technology
Communications & IT
The implementation of these mobile applications for Citizens and the City's workforce, both the "in
house " developed application and the "off the shelf" application, will transform business processes:
Master Technology Plan: S-7 Mobile Strategy
Implementation
• Provide mobile applications for
Citizens and the workforce via:
• In -House Development
• Commercial Off the Shelf (COTS)
• Integrate mobile applications
with existing systems to
transform business processes
end-to-end
Y'aJ Communications & 1T
January 20, 2015
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CITY MANAGER'S BRIEFING
MOBILE APPLICATIONS
ITEM #64495
(Continued)
0 , A7,,I I
VB Connect
Communications & IT
VB Connect is a mobile application built "in house " and provides Citizens a quick way to access City
information and services:
VB Connect: Overview
• VB Connect provides citizens with a quick way
to access city information and services
• It provides a centralized portal to the city's
official mobile apps
• Leverages existing content from VBgov.com
• First mobile app developed by ComIT
V Communications & IT
January 20, 2015
W
CITY MANAGER'S BRIEFING
MOBILE APPLICATIONS
ITEM #64495
(Continued)
Below are the features of VB Connect:
Mr. Golding provided a demonstration of VB Connect:
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January 20, 2015
VB Connect: Features
• City News (Featured Articles and News Releases)
Directory of Mobile Apps'
City Council Members Contact Information
• Department Contact Information
• Job Listings
• And much more!
commmiications & 1T
Mr. Golding provided a demonstration of VB Connect:
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January 20, 2015
-7 -
CITY MANAGER'S BRIEFING
MOBILE APPLICATIONS
ITEM #64495
(Continued)
The second mobile application is VB Works:
VB Works
Communications & IT
Below is an overview of the Application. Of importance, this Application provides a two way street for
communication between the City and Citizens:
VB Works: Overview
• An application that allows citizens to report non -emergency issues or
request services using their mobile device (i0S/Android) or VBgov.com
• Upgrades the City's existing "Report a Problem" Center on VBgovcom
• Provides end-to-end integration with work order management systems:
• Phase I—Hansen
• Phase II -Accela
• Increases communication between citizens and the city
• Increases visibility of outstanding issues to the public
Communications & IT
January 20, 2015
M
CITY MANAGER'S BRIEFING
MOBILE APPLICATIONS
ITEM #64495
(Continued)
Below are the Departments currently using VB Works:
Departments using VB Works in Phase I
• Public Works — Operations, Building Maintenance, and Waste
Management
• Parks and Recreation — Landscape Management
• Emergency Communications and Citizen Services — VB311
• Housing and Neighborhood Preservation —Code Enforcement
communications & IT
Below are the supported Service Requests:
January 20, 2015
Supported Service RequestsN2
• Bulky Item Pickup • Traffic Sign
• Channel Markers • Traffic Signal
Q
• Drainage & Flooding • Trash Collection
• Graffiti • Yard Waste
• Mosquito Spraying • Other
• Pothole
• Recycling Collection
• Street Light
V Communications
& PI'
January 20, 2015
W3
CITY MANAGER'S BRIEFING
MOBILE APPLICATIONS
ITEM #64495
(Continued)
Mr. Golding demonstrated the VB Works Application. This Application was purchased "off the shelf"
and then customized for the City:
Both Applications are currently available for download and scheduled to launch tomorrow:
Availability
• VB Connect and VB Works officially launching 1/21
• Both apps are now available for download on Apple's iCS App Store
and Google Play
ANDROID <PG ON
Google play
WCommunications & 1T
January 20, 2015
-10 -
CITY MANAGER'S BRIEFING
MOBILE APPLICATIONS
ITEM #64495
(Continued)
Questions?
Mobile Application Development Team Timeline
• Hiring of initial staff
• Procurement of mobile
services app
• Prototype VBGo (Events)
• Development of Mobile
Standards, Policies, and
Strategy
Note: (1) =Initiated; (C) = Continued
• VB Connect(i)
• VB Works),) -Phase 1
• PW—Operations
• PW— Building Maintenance
• PW—Waste Management
• Parks & Rec
• ECGS
• Code Enforcement
• VB Events(i)
• VB Works (c) - Phase 1
• PW—Operations
• PW— Building Maintenance
PW — Waste Management
• Parks&Rec
ECC
• Code Enforcement
• 1 staff member added
• iOS 8 Updates
• VB Property(,)
• VB ParkFinder)I)
Mayor Sessoms expressed his appreciation to Mr. Arvay, Mr. Golding and the entire Team for their
continued work.
January 20, 2015
-11 -
CITY COUNCIL COMMENTS
ITEM #64496
4:02 P.M.
Councilman Moss referenced the announcement made by Eric Holder, US Attorney General, regarding
policy changes that will prevent local and state police from using the federal law to seize assets. He is
curious what, if any, effect this will have on the Police Department.
January 20, 2015
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CITY COUNCIL COMMENTS
(Continued)
ITEM #64497
Councilman Moss requested a follow-up to the Five Year Forecast and suggested discussing it during the
upcoming City Council Retreat. He noted the Real Estate Equivalent of the Unfunded Liabilities, not
including the Pension Liability, and advised the risk is substantial to fund all of the unfunded items
mentioned in the Five Year Forecast.
January 20, 2015
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CITY COUNCIL COMMENTS
(Continued)
ITEM #64498
Council Lady Ross -Hammond advised approximately 1,400 Delta Sigma Theta Sorority Members
attended the Tidewater/Central Virginia Founders Day Welcome Reception that took place at the
Convention Center this past weekend. She said everyone was impressed with the City.
January 20, 2015
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CITY COUNCIL COMMENTS
(Continued)
ITEM #64499
Council Lady Ross -Hammond attended the Dream Bowl 2015, held here in Virginia Beach for the third
straight year. This has become the premier "small -school focused " all-star football game that features
the best "small -school" seniors in the Country. The goal is to give these athletes coaching, instruction
and an opportunity to begin a professional career in football. She mentioned the possibility of an Arena
being built in the City and these athletes are excited about that possibility.
January 20, 2015
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CITY COUNCIL COMMENTS
(Continued)
ITEM #64500
Council Lady Ross -Hammond, along with Mayor Sessoms, attended the 30M Annual Dr. Martin Luther
King, Jr., Community Leaders' Breakfast hosted by the Urban League of Hampton Roads. The event, she
is happy to report, was well attended.
January 20, 2015
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CITY COUNCIL COMMENTS
(Continued)
ITEM #64501
Council Lady Ross -Hammond, along with Councilman Dyer, attended the Virginia Beach
Interdenominational Ministers Conference Annual Martin Luther King, Jr., Prayer Breakfast. Police
Deputy Chief John Bell and Linda Bright, Community Services Board, received recognition for their
contributions to the community.
January 20, 2015
-17 -
CITY COUNCIL COMMENTS
(Continued)
ITEM #64502
Council Lady Kane advised she "tossed the coin " at the Dream Bowl football game held Monday and
was told numerous times how wonderful Council Lady Ross -Hammond was for taking her time to be with
the group.
January 20, 2015
CITY COUNCIL COMMENTS
(Continued)
ITEM #64503
Council Lady Kane attended, along with Councilman Wood, the Plaza Volunteer Rescue Squad's
Installation Banquet and Awards Ceremony. She was very impressed by the group enthusiasm.
January 20, 2015
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AGENDA REVIEW SESSION
4:06 P.M.
ITEM #64504
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
L ORDINANCES/RESOL UTIONS
1. Ordinance to AMEND the City Code and ADD Section 35.3-13:
a. CREATE Hurd 's Cove Neighborhood Dredging Special Service District (SSD) and
LEVY additional taxes
b. TRANSFER $600, 000 for engineering and design work
DISTRICT 5-LYNNHAVEN
2. Ordinance to DECLARE the property at 130 London Bridge Road EXCESS of the City's
needs and AUTHORIZE the City Manager to CONVEY the property to the Development
Authority DISTRICT 6 — BEACH
3. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases:
a. 1409 Old Virginia Beach Road to Virginia Beach Community Development
Corporation
b. 1467 Old Virginia Beach Road to Transitions Community Development Corporation
DISTRICT — 6 BEACH
4. Resolution re City Investments and Deposits
(Sponsored by Councilman Moss)
5. Ordinances to AUTHORIZE:
a. Acquisition of property in fee simple for right-of-way re the Southern Canal and
Lead Ditch Culvert Replacement Phase H
b. Temporary Encroachments into a portion of Pinewood Branch (Lynnhaven River) re
maintaining an existing bulkhead, construct and maintain a proposed boadift and
pier at 2804 West Point Court
DISTRICT 6 - BEACH
6. Ordinances to ACCEPT and APPROPRIATE funds from the Virginia Department of
Emergency Management (VDEM):
a. $165,547 re Hazmat Team Equipment and Training
b. $ 6,600 re Transportation of Hazardous Materials Training
ITEM #2 WILL BE DEFERRED TO FEBRUARY 3, 2015
ITEM #4 WILL BE CONSIDERED SEPARATELY
MAYOR SESSOMS WILL ABSTAIN ON ITEM #4
January 20, 2015
-z0 -
AGENDA REVIEW SESSION
ITEM #64504
(Continued)
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
J. PLANNING
1. MCQ BUILDERS, LLC and B.H. VINELAND, LLC for a Change in Non -Con orm4y re
single family dwellings at 1046 and 1050 Old Dam Neck Road and 1037 Dam Neck
Road DISTRICT 7 —PRINCESS ANNE
2. STEVE BARNES and MARYSUE and JAMES S. RIGGS at 1076 Sandbridge Road
(Deferred December 2, 2014) DISTRICT 7 — PRINCESS ANNE:
a. Variance to Section 4.4(b) of the Subdivision Regulations of the City Zoning
Ordinance (CZO)
b. Variance to the Floodplain Ordinance, Sections 4.10(B) and 5.1(B)
c. Conditional Use Permit for a Farm Stand
3. DOMINION VIRGINIA POWER for a Conditional Use Permit re to EXPAND a Public
Utility Electric Transformer Station at 2056 Recreation Avenue DISTRICT 7 — PRINCESS
ANNE
4. KENNETH LEACH and TIMOTHY WHITE for a Conditional Use Permit re an Open
Air Market at 2545 Sandpiper Road DISTRICT 7 — PRINCESS ANNE
5. OBEDIENT PAWS, LLC and ADAM and DIANE BLACKISTONfor a Conditional Use
Permit re a Home Occupation for boarding and training at 5013 Madeira Road
DISTRICT 4 - BAYSIDE
6. BEACH LAWN and GARDEN INC and GEORGE LEITZ for a Conditional Use Permit
re Bulk Storage at 1760 Independence Boulevard DISTRICT 4 — BAYSIDE
7. NEWTOWN SQUARE ASSOCIATES, LLC and PROVIDENCE DEVELOPMENT
CORP for a Change o Zoning from B-2 Community Business and A-18 Apartment to
Conditional B-4 Mixed Use District Commercial re redevelopment of the site at 544
Newton Road and 525 Landfall Arch DISTRICT 2 — KEMPSVILLE
8. CHECKERED FLAG MOTOR CAR COMPANY, INC and JULIA H. LAWRENCE
TRUST. DISTRICT 4 - BAYSIDE
a Change of Zoning from A-12 Apartment and B-2 Community Business to
Conditional B-2 Community Business at 324 Nelms Lane and Virginia Beach
Boulevard
b. Conditional Use Permit re Auto Sales and Service
9. AH SANDBRIDGE, LLC for Modi kation of Proffer No. 3 of a Conditional Change of
Zoning at 2101 Princess Anne Road (APPROVED June 11, 2013) DISTRICT 7 —
PRINCESS ANNE
January 20, 2015
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AGENDA REVIEW SESSION
ITEM #64504
(Continued)
10. CITY OF VIRGINIA BEACH:
a. Change o Zonin from B-2 Community Business to Conditional I-1 Industrial
at London Bridge Road between Potters Road and I-264 re uses compatible
with the Accident Potential Zone DISTRICT 6 — BEACH
b. AMEND Section 107 of the City Zoning Ordinance (CZO) re Proffered
Conditions that deviate from allowable lot coverage
c. AMEND the Comprehensive Plan re Princess Anne and Transition Area,
Chapter 4 of the Policy Document, and REVISE the Transition Area Design
Guidelines
d. AMEND Section 502 of the City Zoning Ordinance (CZO) re setbacks
adjacent to the Atlantic Ocean
e. ESTABLISH Transition Rules for the review of Site Plans, Subdivision Plats
and other Plans of Development for setbacks adjacent to the Public Beach of
the Atlantic Ocean
11. RESOLUTION re SIMON ACQUISITION II, LLC for a Comprehensive Plan
Consistency Review for vehicular access
ITEM #1 WILL BE DEFERRRED INDEFINATEL Y
VICE MAYOR JONES and CO UNCILMAN MOSS ARE ABSTAINING ON ITEMS #3
MAYOR SESSOMS WILL ABSTAIN ON ITEM #8a/b
COUNCIL LADY HENLEY WILL VOTE VERBAL NAY ON ITEM #1 Ob
ITEM #IOc WILL BE DEFERED TO FEBRUARY 3, 2015
January 20, 2015
-22-
ITEM#64505
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:
PUBLICALLY HELD PROPERTY: Discussion or consideration of the
acquisition of real property for public purpose, or of the disposition of
publically held property, where discussion in an open meeting would
adversely affect the bargaining positon or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3)
Bayside District
Beach District
Pembroke/Beach Districts — Development Projects
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
January 20, 2015
-23-
ITEM#64505
(Continued)
Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council voted to proceed into
CLOSED SESSION at 4:19 P.M.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
PWIMI
(Closed Session
(Break
4:19 P.M. - 5:26 P.M.)
4:19 P.M. - 4:26 P.M.)
January 20, 2015
-24 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
January 20, 2015
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, January 20, 2015, at 6:00 P.M.
Council Members Present:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
INVOCATION: Reverend Doug Gray
Senior Chaplain
Westminster Canterbury
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at
297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne
Bank 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 Berkshire Hathaway Home Services
Town Realty, which is an affiliate of Towne Bank. 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
January 13, 2015, is hereby made apart of the record.
January 20, 2015
-25 -
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 Berkshire
Hathaway Home Services Town Realty (`Berkshire Hathaway'), which was formerly known as
Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of
transactions it handles in any given year, Berkshire Hathaway 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 identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 13, 2015, is hereby made apart of the record.
January 20, 2015
iy 2
zr
S Op OUR 0110N'
City of Virginia Beach
WILLIAM D. SESSOMS, JR.
MAYOR
In Reply Refer to File No.: 0053805
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
January 13, 2015
VBgov.corn
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9000
(757)385-4581
FAX (757)385-5699
wsessoms@vbgov.com
Re: Conflict of Interests Act Disclosure—Towne Bank and Berkshire Hathaway Home
Services Towne Realty
Dear Mrs. Fraser:
I have retired from Towne Bank (which has a corporate office located at 297 Constitution
Drive in Virginia Beach) and no longer have any involvement in Towne Bank's transactions. Due to
that fact, as well as the size of Towne Bank and the volume of transactions it handles, Towne Bank
has an interest in numerous matters in which I am not personally involved and of which I do not have
personal knowledge. In that regard, I am always concerned about the appearance of impropriety that
might arise if I unknowingly participate in a matter before City Council in which Towne Bank has an
interest. I have similar concerns with respect to Berkshire Hathaway Home Services Towne Realty,
which is an affiliate of Towne Bank.
In order to ensure my compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act (the "Act"), it is my practice to thoroughly review each City
Council agenda to identify any matters in which I might have an actual or potential conflict. If,
during my review of an agenda, I identify a matter in which I have a "personal interest," as defined
by the Act, I will either abstain from voting, or I will file the appropriate disclosure letter with the
City Clerk to be included in the official records of City Council.
Thank you for your assistance and cooperation in this matter.
Very truly yours,
Mayor William D. Sessoms, Jr.
WDS/RRI
City of Virgirzia Beach
9,F pF'
6 OF OUR WkV�o S
January 13, 2015
ROSEMARY WILSON
COUNCIL LADY - AT -LARGE
In Reply Refer to File No.: 0053803
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, VA 23456
VBgov.corn
PHONE: (757) 422-0733
FAX: (757)385-5669
Re: Conflict of Interests Act Disclosure — Berkshire Hathaway HomeServices Towne Realty
Dear Mrs. Fraser:
I am a realtor affiliated with Berkshire Hathaway HomeServices Towne Realty
("Berkshire Hathaway"), which was formerly known as Prudential Towne Realty. Because of
the nature of realtor and real estate agent affiliation, the size of Berkshire Hathaway, and the
volume of transactions it handles in any given year, Berkshire Hathaway has an interest in
numerous matters in which I am not personally involved and of which I do not have personal
knowledge. In that regard, I am always concerned about the appearance of impropriety that
might arise if I participate in a matter before City Council in which Berkshire Hathaway has an
interest, but in which I have no personal knowledge of that interest.
In order to ensure my compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act (the "Act"), it is my practice to thoroughly review the
agenda for each meeting of City Council for the purpose of identifying any matters in which I
might have an actual or potential conflict. If, during my review of the agenda for any given
meeting of the Council, I identify a matter in which I have a "personal interest," as defined in the
Act, either individually or in my capacity as a realtor affiliated with Berkshire Hathaway, I will
prepare and file the appropriate disclosure letter to be recorded in the official records of City
Council.
Thank you for your assistance and cooperation in this matter.
Very truly yours,
.p
Rosemary A. tails
Councilmember
1304 WREN PLACE, VIRGINIA BEACH, VA 23451
Item -V-E
CERTIFICATION
-26 -
ITEM #64506
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, 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:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
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 #64505 Page 23, 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.
th Hodges Kaser, MMC
City Clerk
January 20, 2015
Item -V-F.1
MINUTES
-27 -
ITEM #64507
Upon motion by Councilman Dyer, seconded by Council Lady Ross -Hammond, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of January 6, 2015.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
-28-
ADOPTAGENDA
FOR FORMAL SESSION ITEM #64508
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
January 20, 2015
-29 -
Item V — H.1
PUBLIC HEARING ITEM #64509
Mayor Sessoms DECLARED A PUBLIC HEARING:
CREATION OF A SPECIAL SERVICE DISTRICT (SSD)
Hurds Cove Neighborhood Dredging Project
The following individuals registered to speak:
Martin Schildwachter, 3113 Blair Circle, spoke in FAVOR of the creation of the Special Service District
(SSD). He has worked on this SSD for quite a long time and he believes they have 85% or 86% approval
of the property owners. He expressed his appreciation to the City Engineers for the time, effort and
energy they put into working with the residents. He feels this is a "win/win "for the community, the City
and the environment.
Daniel Greenberg, 4124 Ewell Road, Phone: 202-483-9411 did not respond.
There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
**At approximately 6:15 P.M., Mr. Greenberg, arrived after the Public Hearing was closed and the
matter was already Voted on and ADOPTED by City Council. He requested he be allowed to share his
comments with City Council. Mayor Sessoms advised Mr. Greenberg they would hear his comments,
however, the Vote had already been taken and the Item would not be reconsidered.
Mr. Greenberg apologized for his late arrival due to not knowing the location of the City Council
Chamber. He expressed his appreciation to City Council for allowing him to share his concerns. He
advised he has been attempting to get questions answered and wants to make sure City Council is fully
aware of how to -date this Project has progressed. His mother sent a letter to Deputy City Manager, Mr.
Hansen, explaining her objections to the SSD. Mr. Greenberg requested a list of any residents or others
who stand to benefit from the SSD and who has a Conflict of Interest. Also, he requested a copy of the
"science " that explains the claim that dredging improves the water quality, if any such "science" or
study exists.
Mayor Sessoms requested Mr. Greenberg provide a list of his concerns to the City Manager, Jim Spore
and directed Mr. Spore to respond to each of his concerns.
January 20, 2015
-30 -
Item V — H.2
PUBLIC HEARING ITEM #64510
Mayor Sessoms DECLARED A PUBLIC HEARING:
EXCESS CITY -OWNED PROPERTY
130 London Bridge Road
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
January 20, 2015
-31 -
Item V — K3a/h/c
PUBLIC HEARING ITEM #64511
Mayor Sessoms DECLARED A PUBLIC HEARING:
PROPOSED LEASES
a. 1409 Virginia Beach Road
b. 1467 Old Virginia Beach Road
C. 213 and 217 Louisa Avenue
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
January 20, 2015
-32 -
Item V — H.4
PUBLIC HEARING ITEM #64512
Mayor Sessoms DECLARED A PUBLIC HEARING:
ACQUISITION OF PROPER TY B Y A GREEMENT OR CONDEMNATION
Southern Canal and Lead Ditch Culvert Replacement Project
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
January 20, 2015
Item -V-I
ORDINANCESIRESOL UTIONS
-33 -
ITEM #64513
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT, IN ONE MOTION, Items la/b, 2(DEFER TO FEBRUARY 3, 2015), 3a/b, 5a/b and 6a/b
of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent.
None
January 20, 2015
Item -V-I ]a
ORDINANCES/RESOLUTIONS
-34 -
ITEM #64514
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND the City Code and ADD Section 35.3-13:
a. CREATE Hurd's Cove Neighborhood Dredging Special Service
District (SSD) and LEVY additional taxes
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
AN ORDINANCE TO AMEND THE CITY CODE TO CREATE
THE HURD'S COVE NEIGHBORHOOD DREDGING
SPECIAL SERVICE DISTRICT AND TO LEVY ADDITIONAL
TAXES ON REAL PROPERTY WITHIN THE HURD'S COVE
NEIGHBORHOOD DREDGING SPECIAL SERVICE
DISTRICT
SECTION ADDED: 35.3-13
WHEREAS, the City of Virginia Beach has received signed petitions from at least
80% of the residents of the Hurd's Cove Dredging Area waterfront property owners; and
WHEREAS, the petitions provide the signers commit to the imposition of special
service district ("SSD") taxes and other contributions as set forth in further detail herein;
and
WHEREAS, the Hurd's Cove Area Dredging Project ("Project") includes three (3)
cycles of dredging; and
WHEREAS, although the SSD taxes will begin July 1, 2015, the first dredging is
planned for FY 2016-17, the second is planned for FY2023-24, and the third is planned
for FY 2030-31; and
WHEREAS, the Project is a partnership addressing related dredging activities:
the community channel dredging, which is supported by City contributions to the Special
Service District; the neighborhood channel dredging, which is supported by the levy of
Special Service District taxes; and the access channels, which are supported by
individual contributions to the Special Service District; and
WHEREAS, the rate established by this Ordinance is based on the FY2013-14
real estate assessed value of the subject properties; and
WHEREAS, City staff will re -calculate the estimated Project costs at a minimum
of every four (4) years; and
WHEREAS, the City Council of the City of Virginia Beach believes that
undertaking the Project is in the best interest of the public and is a reasonable exercise
of the City's authority to promote general welfare, including commerce and industry of
the City and the inhabitants thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Code of the City of Virginia Beach, Virginia, is hereby amended to add
Section 35.3-13 as follows:
47 Section 35.3-13. Creation of the Hurd's Cove Area Dredging Special Services
48 District.
49 a. There is hereby created the Hurd's Cove Area Dredging Special Service District
50 for the purposes set forth in this chapter and those set forth in Code of Virginia,
51 section 15.2-2403.
52 b. The boundaries of the Gills Cove Area Dredging Special Service District shall be
53 described in detail by the map attached to this ordinance.
54 c. The Hurd's Cove Area Dredging Special Service District shall dissolve on July 1,
55 2031, if not sooner.
56
57 2. There shall be levied and collected taxes for the special purpose of providing
58 neighborhood dredging on all real estate within and pursuant to the Hurd's Cove Area
59 Dredging Special Service District at the rate of 43.8 cents ($0.438) on each one
60 hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in
61 addition to the real estate tax rate set forth by the General Real Estate Tax Levy
62 adopted by City Council. Any deferral of such levies for elderly or disabled persons
63 shall be subject to § 35.3-5.1. As set forth in Code of Virginia § 15.2-2403(6), written
64 consent is required to apply this tax rate to the full assessed value of properties subject
65 to special use value assessment. The real estate tax rate imposed herein shall be
66 applied on the basis of one hundred percentum (100%) of the fair market value of such
67 real property except for public service real property, which shall be on the basis as
68 provided in Code of Virginia § 58.1-2604.
69
70 3. The City Manager or designee is hereby authorized to enter into contracts and to
71 perform other actions consistent with this ordinance.
72
73 4. Paragraphs 1 and 3 shall be effective immediately.
74
75 5. Paragraph 2 shall be effective July 1, 2015.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day
of January 2015.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
Q
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
City-AttoKheyrs Office
CA13183
R-1
December 8, 2014
Item -V-I.1 b
ORDINANCES/RESOLUTIONS
-35 -
ITEM #64515
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND the City Code and ADD Section 35.3-13:
b. TRANSFER $600, 000 for engineering and design work
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
1 AN ORDINANCE TO CREATE CAPITAL PROJECT #8-505,
2 "HURD'S COVE NEIGHBORHOOD DREDGING" AND TO
3 TRANSFER FUNDS TO CIP #8-505
4
5 WHEREAS, by separate ordinance the City Council established the Hurd's Cove
6 Neighborhood Dredging Special Service District;
7
8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, THAT:
10
11 1. Capital Improvement Project #8-505, "Hurd's Cove Neighborhood Dredging" is
12 hereby established in the FY 2014-15 Capital Improvement Program; and
13
14 2. $600,000 is hereby transferred from the General Fund Reserve for
15 Contingencies, Neighborhood Dredging, to Capital Project #8-505 for
16 engineering and design work.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of
January 2015.
APPROVED AS TO CONTENT
�
Management Services
APPROVED AS TO CONTENT:
Publi6 Works
APPROVED AS TO LEGAL SUFFICIENCY:
i
i for ey's Office
CA13184
R-1
December 8, 2014
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City Funded Spur
Neighborhood Funded Spur
QStudy Area Property
!� Property Lines
Buildings
City Property
SuyPgkTt Hurds Cove Neighborhood Dredging
r,
Feet
Attachment B
Neighborhood Dredging for Hurds Cove
October 2014
NurnbeFll
GPIN
Address
HC1
14982365340000
3045
LITTLE HAVEN
RD
HC2
14982345070000
3049
LITTLE HAVEN
RD
HC3
14982324000000
3065
LITTLE HAVEN
RD
HC4
14982301060000
3013
OAK LYNN
PATH
HC5
14982310680000
943
QUAIL RUN
QUAY
HC6
14982330110000
947
QUAIL RUN
QUAY
HC7
14982332320000
951
QUAIL RUN
QUAY
HC8
14982343500000
953
QUAIL RUN
QUAY
HC9
14982380390000
959
QUAIL RUN
QUAY
HC10
14982279200000
955
QUAIL RUN
QUAY
HC11
14982266750000
958
QUAIL RUN
QUAY
HC12
14982245500000
950
QUAIL RUN
QUAY
HC13
14982217310000
946
QUAIL RUN
QUAY
HC14
14982209010000
942
QUAIL RUN
QUAY
HC16
14981295180000
927
HURDS
RD
HC17
14981294940000
931
HURDS
RD
HC18
14982252070000
949
HURDS
RD
HC19
14982232610000
Lot Only
HC20
14982231350000
945
DIGGS
LN
HC23
14982138320000
989
HURDS
RD
HC24
14982116140000
984
HURDS
RD
HC25
14982108740000
980
HURDS
RD
HC26
14982109170000
976
HURDS
RD
HC27
14981189090000
952
HURDS
RD
HC28
14981260520000
950
HURDS
RD
HC29
14981273920000
940
HURDS
RD
HC30
14981263110000
938
HURDS
RD
HC31
14981241940000
936
HURDS
RD
HC32
14981242180000
934
HURDS
RD
HC33
14981255900000
928
HURDS
RD
HC35
14981224990000
3105
BLAIR
CIR
HC36
14981217590000
3109
BLAIR
CIR
HC37
14981206140000
3113
BLAIR
CIR
HC38
14980288020000
3116
BLAIR
CIR
HC39
14980380170000
3112
BLAIR
CIR
HC40
14980362410000
3141
LITTLE HAVEN
RD
HC41
14980341350000
884
BISHOPSGATE
LN
HC42
14980249910000
3100
CELBRIDGE
CT
HC43
14980267420000
3101
CELBRIDGE
CT
HC44
14980264050000
832
BISHOPSGATE
LN
HC45
14980283630000
3108
AUDLEY
WAY
Attachment B
Neighborhood Dredging for Hurds Cove
October 2014
NurnbeFllGPIN
Address
HC46
14980293920000
3104
AUDLEY
WAY
HC47
14981220580000
3100
AUDLEY
WAY
HC48
14981137380000
784
BISHOPSGATE
LN
HC49
14981166350000
780
BISHOPSGATE
LN
HC50
14981153370000
783
BISHOPSGATE
LN
HC51
14981123700000
787
BISHOPSGATE
LN
HC52
14981101360000
791
BISHOPSGATE
LN
HC53
14981058410000
621
TIMBERLAND
TRL
HC54
14981170960000
627
TIMBERLAND
TRL
HC55
14981098190000
625
TIMBERLAND
TRL
HC56
14981087920000
624
TIMBERLAND
TRL
HC57
14982049550000
3067
BRAY
RD
HC58
14982160280000
3071
BRAY
RD
HC59
14982162660000
3075
BRAY
RD
HC60
14982194720000
3091
BRAY
RD
HC61
14983115810000
3095
BRAY
RD
HC62
14982196870000
3101
BRAY
RD
HC63
14983137640000
3107
BRAY
RD
HC64
14983232420000
3119
BRAY
RD
HC65
14983100820000
3083
BRAY
RD
HC66
14982377110000
3041
LITTLE HAVEN
RD
HC67
14981281920000
954
HURDS
RD
HC68
14981065600000
617
TIMBERLAND
TRL
HC69
14981044680000
613
TIMBERLAND
TRL
HC70
14981017030000
3100
WINCHESTER
LN
HC71
14980075460000
3200
QUEENSBURY
DR
HC72
14980065280000
3204
QUEENSBURY
DR
HC73
14980067350000
3208
QUEENSBURY
DR
HC74
14980047570000
3212
QUEENSBURY
DR
HC75
14980037380000
3216
QUEENSBURY
DR
HC76
14980028320000
3220
QUEENSBURY
DR
HC77
14981095580000
620
TIMBERLAND
TRL
HC78
14981094300000
616
TIMBERLAND
TRL
HC79
14981082630000
612
TIMBERLAND
TRL
HC80
14981080080000
608
TIMBERLAND
TRL
HC81
14971989260000
604
TIMBERLAND
TRL
HC82
14971988460000
3112
QUIM BY
RD
HC83
14971987550000
3108
QUIM BY
RD
HC84
14971986840000
3104
QUIM BY
RD
HC85
14971984350000
3100
QUIM BY
RD
HC87
14972913540000
3024
WATERGATE
LN
Attachment B
Neighborhood Dredging for Hurds Cove
October 2014
Number
GPIN
Address
HC88
14972923940000
3020
WATERGATE
LN
HC89
14972943130000
3016
WATERGATE
LN
HC90
14972942950000
3012
WATERGATE
LN
HC91
14972964670000
3009
BRAY
RD
HC92
14972956800000
3013
BRAY
RD
HC93
14972937030000
3021
BRAY
RD
HC95
14982041070000
3035
BRAY
RD
HC99
14982075770000
3059
BRAY
RD
HC100
14980273410000 1
3112
AUDLEY
WAY
Item -V-I.2
ORDINANCES/RESOLUTIONS
-36 -
ITEM #64516
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO
FEBRUARY 3, 2015, BY CONSENT, Ordinance to DECLARE the property at 130 London Bridge
Road EXCESS of the City's needs and AUTHORIZE the City Manager to CONVEY the property to the
Development Authority DISTRICT 6 — BEACH
Voting: I1-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
Item -V-L3a
ORDINANCES/RESOLUTIONS
-37 -
ITEM #64517
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to AUTHORIZE the City Manager to EXECUTE Leases:
a. 1409 Old Virginia Beach Road to Virginia Beach Community
Development Corporation
Voting: I1-0
Council Members Voting Aye.-
M.
ye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE FOR ONE
YEAR, WITH FOUR OPTIONAL ONE-YEAR
RENEWALS, WITH THE VIRGINIA BEACH
COMMUNITY DEVELOPMENT CORPORATION
FOR THE USE OF LAND AND A RESIDENCE
LOCATED AT 1409 OLD VIRGINIA BEACH ROAD.
WHEREAS, the City of Virginia Beach (the "City") is the owner of that
certain parcel of land and the residence located thereon located at 1409 Old
Virginia Beach Road (GPIN 2417-17-9326) and more particularly described on
Exhibit "A" attached hereto (the "Premises");
WHEREAS, the Virginia Beach Community Development Corporation
("VBCDC") is currently leasing the Premises pursuant to ORD -3083C adopted
May 12, 2009;
WHEREAS, VBCDC, in accordance with the current lease, performed
noise attenuation measures and brought the Premises into compliance with City
building codes;
WHEREAS, VBCDC would like to continue leasing the Premises from the
City and will perform all required maintenance during the lease term;
WHEREAS, VBCDC would like to enter into a formal lease with the City
for the Premises in accordance with the Summary of Terms attached hereto as
Exhibit "B"; and
WHEREAS, the Premises will be utilized for affordable housing for Virginia
Beach residents and for no other purpose.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a lease for a term
of one year, with the option to renew for four one-year terms, between VBCDC
and the City, for the Premises in accordance with the Summary of Terms
attached hereto and such other terms, conditions or modifications as may be
deemed acceptable by the City Manager and in a form deemed satisfactory by
the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia on the 20th
day of January , 2015.
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
City Attor) y
APPROVED AS TO CONTENT
Facilities Managem t
CA12955
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Exhibit "A"
Legal Description for 1409 Old Virginia Beach Road,
Virginia Beach, VA 23454
ALL THAT certain lot, piece or parcel of land, with the
buildings and improvements thereon, situate, lying and
being in the Lynnhaven Borough in the City of Virginia
Beach, Virginia, designated as the property of J. Hunter,
Jr., on the plat entitled "Street Dedication, Brockville -
Extended, Site No. 25, at Oceana Gardens, Lynnhaven
Borough, Virginia Beach, Virginia," made by W.B. Gallup,
County Surveyor, dated July 20, 1964 and recorded in
the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 61, at page 45, and
more particularly described as follows:
BEGINNING at a point on the south side of Old Virginia
Beach Road and Gary Avenue; thence in an easterly
direction along the southern side of the Old Virginia
Beach Road 91.6 feet, more or less, to a point; thence S
70 30'00" W 8.8 feet; thence continuing in the same
course 165.05 feet to a point at the dividing line between
the property shown as Lot "G" on said plat; thence N
82030'00" W 91.6 feet to the easterly line of Gary
Avenue; thence N 7030'00" E 162.3 feet along the
easterly side of Gary Avenue to the southern side of Old
Virginia Beach Road, to the point of beginning.
IT BEING the same property conveyed to the City of
Virginia Beach by Deed from Sheila Ross dated
September 29, 2008 and recorded in the aforesaid
Clerk's Office as Instrument Number
20081010001188270.
EXHIBIT "B"
SUMMARY OF TERMS
LESSOR: City of Virginia Beach ("City")
LESSEE: Virginia Beach Community Development Corporation ("VBCDC")
PREMISES: A residential property:
1409 Old Virginia Beach Road (GPIN: 2417-17-9326)
TERM: February 1, 2015 through January 31, 2016, with four (4) one-year
renewal options. Renewal terms are at the City's option.
RENT: $1.00 per year
RIGHTS AND RESPONSIBILITIES OF VBCDC:
• Will use the Premises for affordable rental housing for Virginia Beach
residents and for no other purpose.
• At no time shall more than one family reside in the dwelling unit.
• Shall not modify the Premises without prior approval from City.
• Will maintain sound attenuation measures and compliance with City codes
at Lessee's expense.
• Will keep, repair, and maintain the Premises at its expense.
• Will maintain commercial general liability insurance coverage with policy
limits of not less than one million dollars ($1,000,000) combined single
limits per occurrence. VBCDC shall provide a certificate evidencing the
existence of such insurance.
• Will comply with all applicable laws, ordinances, and regulations in the
performance of its obligations under the lease.
TERMINATION: The City may terminate the lease at any time without cause
upon thirty (30) days' advance written notice.
Item -V-L3b
ORDINANCES/RESOLUTIONS
-38 -
ITEM #64518
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to AUTHORIZE the City Manager to EXECUTE Leases:
b. 1467 Old Virginia Beach Road to Transitions Community
Development Corporation
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR ONE
3 YEAR, WITH FOUR OPTIONAL ONE-YEAR
4 RENEWALS, WITH TRANSITIONS COMMUNITY
5 DEVELOPMENT CORPORATION FOR THE USE OF
6 LAND AND A RESIDENCE LOCATED AT 1467 OLD
7 VIRGINIA BEACH ROAD.
8
9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that
10 certain parcel of land and the residence located thereon located at 1467 Old
11 Virginia Beach Road (GPIN 2417-16-0982) and more particularly described on
12 Exhibit "A" attached hereto (the "Premises");
13
14 WHEREAS, Transitions Community Development Corporation, a Virginia
15 non -stock corporation ("Transitions"), is currently leasing the Premises pursuant
16 to ORD-3111 G adopted December 8, 2009;
17
18 WHEREAS, Transitions, in accordance with the current lease, performed
19 noise attenuation measures and brought the Premises into compliance with City
20 building codes;
21
22 WHEREAS, Transitions would like to continue leasing the Premises from
23 the City and will perform all required maintenance during the lease term;
24
25 WHEREAS, Transitions would like to enter into a formal lease with the
26 City for the Premises in accordance with the Summary of Terms attached hereto
27 as Exhibit "B"; and
28
29 WHEREAS, the Premises will be utilized to provide temporary housing for
30 no more than four (4) residents at one time and for no other purpose.
31
32 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
33 OF VIRGINIA BEACH, VIRGINIA:
34
35 That the City Manager is hereby authorized to execute a lease for the term
36 of one year, with the option to renew for four one-year terms, between
37 Transitions and the City, for the Premises in accordance with the Summary of
38 Terms attached hereto, and such other terms and conditions deemed necessary
39 and sufficient by the City Manager and in a form deemed satisfactory by the City
40 Attorney.
41
42 20th Adopted by the Council of the City of Virginia Beach, Virginia on the
43 day of January , 2015.
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
ii*y Atto ' y
APPROVED AS TO CONTENT
Z]4�- "I
Public Wor — Facilit' s Management
CA12960
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January 9, 2015
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EXHIBIT "A"
ALL THAT certain tract, piece or parcel of land, with the
buildings and improvements thereon, situate, located and
being near the old road from Oceana to Virginia Beach
Borough, in the Borough of Lynnhaven, City of Virginia
Beach, Virginia, and being more particularly bounded
and described as follows:
BEGINNING at a pin distant 305.04 feet South 7 degrees
30 minutes West from a pin on the Southern line of said
old road to Virginia Beach, and running thence South 7
degrees 30 minutes West 381.6 feet to a pin; thence
South 82 degrees 30 minutes East 279 feet to a pipe;
thence North 7 degrees 30 minutes East 370.4 feet to a
pin; thence North 80 degrees 29 minutes West 279.2 feet
to the point of beginning, containing 2.4 acres according
to plat made by W. B. Gallup, County Surveyor,
September 27, 1945, and of record in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia,
in Map Book 17, page 30, to which plat reference is
hereby made for a more particular description of said
land;
TOGETHER with an easement reserved by Elmira Knox
and designated on the plat entitled, "Property of Charlie
Willie Blackshear and Mary Elizabeth Blackshear, made
by W. B. Gallup, dated May 23, 1957", marked on said
plat as "Easement reserved by Elmira Knox", said
easement being located in the northeast corner of the
property of Charlie Willie Blackshear and Mary Elizabeth
Blackshear, and being triangular in shape with twenty
feet at the base and an altitude of forty feet.
EXCEPTING, HOWEVER, from the above tract of land a
small parcel of land designated as .28 acre according to
a plat entitled "Property of Charlie Willie Blackshear and
Mary Elizabeth Blackshear, made by W. B. Gallup, dated
May 23, 1957", recorded in the aforesaid Clerk's Office in
Map Book 45, page 38, and set out in the deed from
Elmira Knox, unmarried, to Charlie Willie Blackshear and
Mary Elizabeth Blackshear, his wife, dated August 12,
1958, and duly of record in the aforesaid Clerk's Office in
Deed Book 554, page 120.
EXHIBIT B
SUMMARY OF TERMS
LESSOR: City of Virginia Beach
LESSEE: Transitions Community Development Corporation
PREMISES: A residential property
1467 Old Virginia Beach Road (GPIN: 2417-16-0982)
TERM: February 1, 2015, through January 31, 2016, with four (4) one-year
renewal options. Renewal terms are at the City's option.
RENT: $1.00 per year
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Will use the Premises for a temporary residential facility and for no other
purpose.
• At no time shall more than 4 people reside in the dwelling unit.
• Shall not modify the Premises without prior approval from the City.
• Will maintain sound attenuation measures and compliance with City codes
at Lessee's expense.
• Will maintain commercial general liability insurance coverage with policy
limits of not less than one million dollars ($1,000,000) combined single
limits per occurrence. Lessee shall provide a certificate evidencing the
existence of such insurance.
• Will comply with all applicable laws, ordinances, and regulations in the
performance of its obligations under the Lease.
TERMINATION: The City may terminate the Lease upon sixty (60) days'
advance written notice.
Item -V-L4
ORDINANCES/RESOLUTIONS
-39 -
ITEM #64519
A MOTION was made by Councilman Moss, to ADOPT a Resolution re City Investments and Deposits.
MOTION FAILED D UE TO A LACK OF A SECOND.
January 20, 2015
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WILLIAM D. SESSOMS, JR.
MAYOR
In Reply Refer to 0053847
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
City of Virginia Beach
January 20, 2015
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Dear Mrs. Fraser:
VBgov.com
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9000
(757) 385-4581
FAX (757) 385-5699
wsessoms@vbgov.com
Pursuant to the State and Local Government Conflict of Interests Act, I make the following
declaration:
1. I am executing this written disclosure regarding City Council's discussion and vote
on A Resolution Regarding City Investments and Deposits.
2. The resolution includes guidance from the City Council to the City Treasurer
regarding the investment and deposit of City funds with financial institutions.
3. I have a personal interest in TowneBank, which is a financial institution located at
60022 Ind Street in Virginia Beach. I was previously employed by TowneBank but am
now retired and no longer have any involvement in TowneBank's transactions.
4. The City Attorney has advise me that because the City Treasurer has sole discretion
in selecting financial institutions for deposits and investments and therefore would
not be bound by the suggestions contained in the resolution, the Act provides that I
do not have a personal interest in this resolution and may therefore participate in City
Mrs. Ruth Hodges Fraser -2- January 20, 2015
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Council's discussion and vote on the item without restriction. Nevertheless, I have
chosen to voluntarily make this disclosure and abstain from voting on this matter.
Accordingly, I respectfully request that you record this declaration in the official records of
City Council.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Nl/ �
William D. Sessoms
Mayor
WDS/RRI
Item-V-I.5a
ORDINANCES/RESOLUTIONS
-40-
ITEM #64520
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to AUTHORIZE:
a. Acquisition of property in fee simple for right-of-way re the
Southern Canal and Lead Ditch Culvert Replacement Phase H
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
1 AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY IN FEE SIMPLE
3 FOR RIGHT-OF-WAY FOR THE SOUTHERN
4 CANAL AND LEAD DITCH CULVERT
5 REPLACEMENT PHASE II PROJECT (CIP 7-
6 024), AND THE ACQUISITION OF
7 TEMPORARY AND PERMANENT
8 EASEMENTS, EITHER BY AGREEMENT OR
9 CONDEMNATION
10
11 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a
12 public necessity exists to improve transportation safety and reduce flooding along Head
13 River Road, Indian Creek Road and Crags Causeway within the City and for other related
14 public purposes for the preservation of the safety, health, peace, good order, comfort,
15 convenience, and for the welfare of the people in the City of Virginia Beach.
16
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19
20 Section 1. That the City Council authorizes the acquisition by purchase or
21 condemnation pursuant to Sections 15.2-1901, et seg., Sections 33.2-1007, et seg., and
22 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in
23 fee simple, including temporary and permanent easements (the "Property"), as shown on
24 the plans entitled "Southern Canal and Lead Ditch Culvert Replacement Phase II CIP #7-
25 024 PWCN-14-0011," (the "Project") and more specifically described on the acquisition
26 plats for the Project (plats and plans collectively referred to as the "Plans"), the Plans
27 being on file in the Engineering Division, Department of Public Works, City of Virginia
28 Beach, Virginia.
29
30 Section 2. That the City Manager is hereby authorized to make or cause to be
31 made on behalf of the City of Virginia Beach, to the extent that funds are available, a
32 reasonable offer to the owners or persons having an interest in said Property. If refused,
33 the City Attorney is hereby authorized to institute proceedings to condemn said Property.
34 20th
35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
36 January 2015.
PREPARED: 12/03/2014
CA13236
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Item -V-L5b
ORDINANCESIRESOL UTIONS
-41 -
ITEM #64521
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to AUTHORIZE:
b. Temporary Encroachments into a portion of Pinewood Branch
(Lynnhaven River) re maintaining an existing bulkhead,
construct and maintain a proposed boatlift and pier at 2804 West
Point Court
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinances to AUTHORIZE Temporary Encroachments into a portion
of Pinewood Branch (Lynnhaven River) re maintaining an existing
bulkhead, construct and maintain a proposed boatlift and pier at 2804
West Point Court (GPIN 149 7581609) DISTRICT 6 - BEACH
The following conditions shall be required:
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 Encroachment.
2. It is expressly understood and agreed that the Temporary Encroachment 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
3. It is expressly understood and agreed that the Temporary Encroachment herein
authorized terminates upon notice by the City to the Grantee, and that within
thirty (30) days after the notice is given, the Temporary Encroachment must be
removed from the Encroachment Area by the Grantee; and that the Grantee will
bear all costs and expenses of such removal.
4. It is 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 Encroachment.
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 that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
January 20, 2015
Item-V-I.5b
ORDINANCES/RESOLUTIONS
-42-
ITEM #64521
(Continued)
It is further expressly understood and agreed that the Grantee must obtain a
permit from the Department of Planning prior to commencing any construction
within the Encroachment Area (the "Permit').
8. It is further expressly understood and agreed that the Grantee shall establish and
maintain a variable width riparian buffer, which shall be a minimum of 7,350
square feet in area landward from the shoreline, as shown on Exhibit A, 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. The Grantee shall notify the Department of Planning when the
Buffer is complete and ready for inspection.
9. 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 less 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 Encroachment.
10. It is further expressly understood and agreed that the Temporary Encroachment
must conform to the minimum setback requirements, as established by the City.
11. It is further expressly understood and agreed that this Encroachment Agreement
does not provide permission to the Grantee to maintain a shed or other accessory
structure on City property or within the side yard setback provided by the City
Zoning Code. Also, the Grantee must procure any permits or variances required
by law for the Temporary Encroachments and any other feature shown on the
Exhibit to this Agreement.
12. It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to 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 Encroachment; 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 Encroachment is allowed to continue thereafter, and may collect
such compensation and penalties in any manner provided by law for the
collection of local or state taxes.
January 20, 2015
Item-V-I.5b
ORDINANCES/RESOLUTIONS
-43-
ITEM #64521
(Continued)
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 Twentieth day of January,
Two Thousand Fifteen
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
1
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46
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS
INTO A PORTION OF CITY
PROPERTY KNOWN AS THE
PINETREE BRANCH OF THE
LYNNHAVEN RIVER LOCATED AT
THE REAR AND A PORTION OF
THE SIDE OF THE PROPERTY
KNOWN AS 2804 WEST POINT
COURT FOR JENNIFER M. REED
AND CHRISTOPHER S. OLLICE.
WHEREAS, Jennifer M. Reed and Christopher S. 011ice, (the "Applicants")
desire to Grantee to maintain an existing fence, pier and modular jetski float; reconstruct
and maintain an existing bulkhead (486 LF); and construct and maintain a proposed boatlift
and pier, upon the City's property known as the Pinetree Branch of the Lynnhaven River
located at the rear and side of 2804 West Point Court.
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
the City's right-of-way/property subject to such terms and conditions as Council may
prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof contained in §§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, Jennifer M. Reed and
Christopher S. 011ice, their heirs, assigns and successors in title are authorized to Grantee
to maintain an existing fence, pier and modular jetski float; reconstruct and maintain an
existing bulkhead (486 LF); and construct and maintain a proposed boatlift and pier, upon
the City's property as shown on the map entitled: "EXHIBIT "A" — ENCROACHMENT
REQUEST FOR JENNIFER M. REED & CHRISTOPHER S. OLLICE," a copy of which is
attached hereto as Exhibit A, and on file in the Department of Public Works and to which
reference is made for a more particular description;
BE IT FURTHER ORDAINED, that the temporary encroachments are
expressly subject to those terms, conditions and criteria contained in the Agreement
between the City of Virginia Beach and the Applicants, (the "Agreement"), an unexecuted
copy of which has been presented to the Council in its agenda, and will be recorded among
the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach;
BE IT FURTHER ORDAINED, that the City Manager or his authorized
designee is hereby authorized to execute the Agreement; and
47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
48 such time as the Applicants and the City Manager or his authorized designee execute the
49 Agreement.
50
51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th
52 day of January , 2015.
CA13152
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PREPARED: 11/6/2014
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
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W S
RESERVED FOR BOAT BASIN
AND DRAINAGE
LIC. N0. 18335
5s�
.
(M.B. 41, PG. 22)
o DECEMBER 11, 2014
qD'f
FI (M.B. 58, PG. 21)
O y0
6
PROPOSED
O \<V�
60'
RF
LANDSCAPE
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3,900 SF
o W W 3.450 SFs/O
E
N A LCR
TURF h'.
o
S BT 4' METAL
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MULCHED
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f 15 PROPERTY
00'
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o WW
BULKHEAD
GARDEN PLANTER ENND7
RF
W.WWy?
MULCH BED
EX.
MULCH BEDS
0
EXTRfE (TYP)
P
O
EX. POOL
W
TURF
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0
0
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MULCH BED
1 5 STY- BR & F
MULCH �p�
0
12804R'
N LOT 67
EX. 4' METAL �i+
2 N/F KEVIN KNIGHT
FENCE ENCROACHES a�
SHED 601 CHESOPEIAN TRAIL
GPIN: 1497 58 2539
6.4' INTO CVB
PROPERTY W
$ GONG:
DRIVE`
�tT
PROPOSED 7,350 SF LANDSCAPE
BUFFER INCLUDES PLANTINGS OR
5' UTILITY A DRAINAGE
PROPOSED 486 LF. EASEMENT
LOT 66 WEST POINT CT
(M.B. 58, PG. 21)
CANOPY TREES:
(19) BALD CYPRESS
BU KHM y� �. (M.B. 58, PG. 21)
Vl.nl'7Gl'W
GPIN: 1497-58-1609
UNDERSTORY TREES:
(19) NATCHEZ CREPE MYRTLES
N
�
(19) BLOODGOOD JAPANESE MAPLE
BULKHEAD 60090 \
START
4180
(57) SHRUBS TO BE PLANTED AMONG
4' \
LOT 65 �%
k0• ?O
Ei�
THE TREES AND THROUGHOUT THE
BUFFER THAT WILL
N/F NORMAN NWITZ JR. 60
RCHITEC
ARCHITECTURALLY BLEND WITH THE
2809 WEST POINT COURT 00
WEST POINT COURT
SPECIES OF TREES PLANTED
GPIN: 1497 48 9563
0 40' 80'
40' R
MISC. GROUND COVER,
ORNAMENTAL GRASSES
& PERENNIAL PLANTS
BUFFER REO'D: 488.5'x15'=7,328 SF
SPECIES MAY VARY DEPENDING ON
BUFFER PROVIDED: 7.350 SF
AVAILABILITY AT TIME OF PLANTING
1" = 40'
EXHIBIT "A" - ENCROACHMENT REQUEST
FOR
ZONING: R-15
JENNIFER
M. REED
ENGINEERING SERVICES PROVIDED BY:
CHRISTOPHER
S. OLLICE
PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC.
PHONE (757) 773-8084 aWL-• RK:KOPCC-LLC.COM
DECEMBER 11, 2014
SHEET 1 OF 1
5
PINUREE BRANCH N
EX. PIER ENCROACHES FLOOD
w a
14.6' INTO CVB PROPERTY �EBe
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AT
N/F CITY
pip +
RICHARD T. BARTLCII D
114971R47N13785ACH
W
RESERVED FOR BOAT BASIN
LIC. N0. 18335
S
59
AND DRAINAGE
(M. B. 41, PG. 22)
o DECEMBER 11, 2014
Op
O0,
F (M. B. 58, PG. 21)
f
fJ Cv
60 60
LANDSCAPE
m
Z W
RF
BUFFERS
3.900 SF
.000
�J S�
o W
RLp
3,450 SF
W
N A L
4i "
TURF
'S 6,.
4' METAL
45'00, FENCE ENCROACHES
MIJ�LC�HED
TURF
f 6.2' INTO CVB
;),S
PROPERTY
W
00,
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GARDEN PLANTERW END 7
RF
I�
W.W .WSJ.
W
MULCH BED
W W
W
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a
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°
FR.
#2804
N Lor 67
EX. 4' METAL
N/F KEVIN KNIGHT
SHED 2 601 CHESOPEIAN TRAIL
FENCE ENCROACHES
�,�
GPIN: 1497 58 2539
6.4' INTO CVB W
PROPERTY
W $
DONC.
DRIVE°
PROPOSED 7,350 SF LANDSCAPE
�p
BUFFER INCLUDES PLANTINGS OF.
W O.
PROPOSED 488 LF.
5' UTdRY & DRAINAGE ,.
EASEMENT
LOT 66 WEST POINT CT
(M.B. 58, PG. 21)
CANOPY TREES:
(19) BALD CYPRESS
fl
BVf1\H
(M.B. 58' PG. 21)
GPIN: 1497-58-1609
UNDERSTORY TREES:
(19) NATCHEZ CREPE MYRTLES
(19) BLOODGOOD JAPANESE MAPLE
BULKHEAD
START
60-0 \
Of
S6
(57) SHRUBS TO BE PLANTED AMONG
-
it
kp�?Q•
THE TREES AND THROUGHOUT THE
BUFFER AREA THAT WILL
LOT 65
N/F NORMAN BENWITZ JR. 6Q
00.
�g
ARCHITECTURALLY BLEND WITH THE
SPECIES OF TREES PLANTED
2809 WEST POINT COURT
WEST POINT COURT
GPIN: 1497 48 9563
40' R
MISC. GROUND COVER,
0 40'
80�
ORNAMENTAL GRASSES
& PERENNIAL PLANTS
BUFFER REQ'D: 488.5'x15'=7,328 SF
SPECIES MAY VARY DEPENDING ON
BUFFER PROVIDED: 7,350 SF
AVAILABILITY AT TIME OF PLANTING
1" = 40'
EXHIBIT "A" - ENCROACHMENT
REQUEST
FOR
ZONING: R-15
JENNIFER M. REED
ENGINEERING SERVICES PROVIDED BY:
CHRISTOPHER S. OLLICE
PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC.
PHONE: (757) 773-8084 EMAIL RICKOPCC-LLC.COM
DECEMBER 11, 2014
SHEET 1 OF 1
Item -V-L 6a
ORDINANCES/RESOLUTIONS
-44 -
ITEM #64522
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT and APPROPRIATE funds from the Virginia Department of
Emergency Management (VDEM):
a. $165,547 re Hazmat Team Equipment and Training
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
1
2
3
4
5
6
7
8
9
10
11
12
13
AN ORDINANCE TO ACCEPT AND APPROPRIATE
GRANT FUNDS FOR THE FIRE DEPARTMENT'S
HAZMAT TEAM
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $165,547 is hereby accepted from the U.S. Department of Homeland
Security by way of the Virginia Department of Emergency Management and
appropriated, with estimated revenues increased accordingly, to the FY2014-15
Operating Budget of the Fire Department to provide training, maintenance, and the
purchase of equipment that will allow the Hazmat Team to maintain its operational
readiness for the response to and identification of hazardous and unknown substances.
Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day
Of January .2015.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
21z
Budget and Management Service C' y Att ney's Office
CA13250
R-1
January 7, 2015
Item -V-L 6b
ORDINANCES/RESOLUTIONS
-45 -
ITEM #64523
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT and APPROPRIATE funds from the Virginia Department of
Emergency Management (VDEM):
b. $ 6,600 re Transportation of Hazardous Materials Training
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FROM THE VIRGINIA DEPARTMENT OF
3 EMERGENCY MANAGEMENT AND TO PROVIDE
4 THE REQUIRED LOCAL MATCH
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 1. That $6,600 is hereby accepted from the Virginia Department of Emergency
10 Management and appropriated, with estimated revenues increased accordingly, to the
11 FY 2014-15 Operating Budget of the Fire Department for the Office of Emergency
12 Management to conduct a full scale exercise related to the transportation of hazardous
13 materials; and
14
15 2. That the required 20% local match will be provided by in-kind resources of the
16 Fire Department's Hazmat Team.
Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day
Of January , 2015.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
"9w�1, � -1 Qa,
C �_Jj -,
Budget and Management Ser7
s
CA13251
R-1
January 7, 2015
APPROVED AS TO LEGAL SUFFICIENCY:
Ci y' Office
Item —V -J
PLANNING
-46 -
ITEM #64524
1. MCQ BUILDERS, LLC and B.H. VINELAND, LLC CHANGE IN NON-COFORMITY
2. STEVE BARNES and MARYSUE and l VARIANCE TO SUBDIVISION
JAMES S. RIGGS VARIANCE TO FLOODPLAIN
CONDITIONAL USE PERMIT
3. DOMINION VIRGINIA POWER CONDITIONAL USE PERMIT
4. KENNETH LEACH and TIMOTHY CONDITIONAL USE PERMIT
WHITE
5. OBEDIENT PAWS, LLC and ADAM CONDITIONAL USE PERMIT
and DIANE BLACKISTON
6. BEACH LA WN and GARDEN, INC. CONDITIONAL USE PERMIT
and GEORGE LEITZ
7. NEWTOWN SQUARE ASSOCIATES, LLC CHANGE OF ZONING
and PROVIDENCE DEVELOPMENT CORP.
8. CHECKERED FLAG MOTOR CAR COMPANY CHANGE OF ZONING
and JULIA H. LAWRENCE TRUST CONDITIONAL USE PERMIT
9. AH SANDBRIDGE, LL C MODIFICATION OF PROFFER NO.
3
10. CITY OF VIRGINIA BEACH a. CHANGE OF ZONING
b. AMEND CITY ZONING
c. AMEND COMP PLAN
d. AMEND CITY ZONING
e. ESTABLISH TRANSITION R ULES
11. SIMON A CQ UISITION II, LLC COMP PLAN CONSISTENCY
ITEM #1 WILL BE DEFERRED INDEFINATEL Y
VICE MAYOR JONES and COUNCILMAN MOSS WILL ABSTAIN ON ITEM #3
MAYOR SESSOMS WILL ABSTAIN ON ITEM #8alb
COUNCIL LAD YHENLEY WILL VOTE VERBAL NAY ON ITEM #1 Ob
ITEM #IOC WILL BE DEFERRED TO FEBRUARY 3rd
January 20, 2015
Item -V-J
PLANNING
-47 -
ITEM #64525
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION, BY CONSENT, Items ](DEFER INDEFINATELY), 2a/b/c, 3(JONES and MOSS
ABSTAIN), 4, 5, 6, 7, 8a/b (MAYOR ABSTAIN), 9, 10a/b (HENLEY VERBAL NAY)/c (DEFER TO
FEBRUARY 3, 2015)/d/e and]] of the PLANNING AGENDA.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
Item —V -J.1
PLANNING
-48 -
ITEM #64526
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED
INDEFINATELY, BY CONSENT, Application of MCQ BUILDERS, LLC and B.H. VINELAND, LLC
for a Change in Non -Conformity re single family dwellings at 1046 and 1050 Old Dam Neck Road and
1037 Dam Neck Road DISTRICT 7 — PRINCESS ANNE
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
Item-V-J.2a/b/c
PLANNING
-49-
ITEM #64527
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and
CONDITIONED, BY CONSENT, Application of STEVE BARNES and MARY SUE and JAMES S.
RIGGS at 1076 Sandbridge Road (Deferred December 2, 2014) DISTRICT 7 —PRINCESS ANNE
a. Variance to Section 4.4(b) of the Subdivision Regulations of the City
Zoning Ordinance (CZO)
b. Variance to the Floodplain Ordinance, Sections 4.10(B) and 5.1(B)
c. Conditional Use Permit for a Farm Stand
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of STEVE BARNES and MARY SUE and
JAMES S. RIGGS at 1076 Sandbridge Road (Deferred December 2,
2014) (GPIN 24232 6 71 73) DISTRICT 7 — PRINCESS ANNE
a. Variance to Section 4.4(b) of the Subdivision Regulations of the City Zoning
Ordinance (CZO)
b. Variance to the Floodplain Ordinance, Sections 4.10(B) and S.1 (B)
The following conditions shall be required:
The subject Site shall be subdivided substantially in accordance with the submitted
exhibit entitled "PRELIMINARY SUBDIVISION PROPERTY OF MARTHA SUE
RIGGS", dated September 30, 2014, and prepared by Bonifant Land Surveyors,
Inc.
2. The proposed "LOT B" shall be limited to agricultural uses, including the Farm
Stand. "LOT B "shall not be a Residential Building Site.
c. Conditional Use Permit for a Farm Stand
The following conditions shall be required:
1. With the exception of any modifications required by any of these conditions or as a
result of Development Site Plan review, the addition shall be developed
substantially in conformance with the submitted Site drawing entitled, "STEVE
BARNES- FARM STAND EXPANSION, 1076 SANDBRIDGE ROAD. "
2. With the exception of any modifications required as a result of the review process
for recording the final Plat, the property shall be subdivided substantially in
accordance with the submitted exhibit entitled "PRELIMINARY SUBDIVISION
PROPERTY OF MARTHA SUE RIGGS, " dated September 30, 2014, and prepared
by Bonifant Land Surveyors, Inc.
3. The farm stand shall not be open for business except between the hours of 7: 00 AM
and 8:00 PM
January 20, 2015
Item-V-J.2a/b/c
PLANNING
-50-
ITEM #64527
(Continued)
This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of January,
Two Thousand Fifteen
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
Item -V-J.3
PLANNING
-51 -
ITEM #64528
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and
CONDITIONED, BY CONSENT, Application of DOMINION VIRGINIA POWER for a Conditional
Use Permit re to EXPAND a Public Utility Electric Transformer Station at 2056 Recreation Avenue
DISTRICT 7 — PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of DOMINION VIRGINIA POWER for a
Conditional Use Permit re to EXPAND a Public Utility Electric
Transformer Station at 2056 Recreation Avenue (GPIN 1484890177)
DISTRICT 7 — PRINCESS ANNE
The following conditions shall be required:
With the exception of any modifications required by any of these conditions or
during the formal Site Plan review process, the Site shall be developed,
landscaped, and maintained substantially in conformance with the submitted Site
Plan entitled "CONDITIONAL USE PERMIT (SHEET 2) LANDSTOWN
SUBSTATION SVC EXPANSION PLAN VIRGINIA BEACH, VIRGINIA", dated
June 3, 2014 and prepared by Dominion.
2. The proposed STATCOM building, identified on the submitted Site Plan as
"PROPOSED 24'X 114'X 17' TALL SVC BUILDING", when constructed, shall
be in substantial conformance with the exhibits entitled, "SVC BUILDING
ELEVATIONS SHEET I OF 2 " and "SVC BUILDING ELEVATIONS SHEET 2 OF
2 ", dated April 4, 2014, and prepared by Beta Engineering.
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 Twentieth day of January,
Two Thousand Fifteen
Voting: 9-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley,
Shannon DS Kane, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Abstaining:
Vice Mayor Louis R. Jones
John D. Moss
Council Members Absent:
None
January 20, 2015
o?iy9�s "-S Off"`
UP OUR NA�1�N
LOUIS R. JONES
VICE MAYOR
Refer to File No. 0053850
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
City of Virginia Beach
January 20, 2015
PHONE: (757) 583-0177
FAX: (757)588-4659
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Fraser:
Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, I
make the following declarations:
1. I am executing this written disclosure regarding City Council's discussion and vote
on the application of Dominion Virginia Power for a conditional use permit for
property located at 2056 Recreation Avenue.
2. Holloman -Brown Funeral Home, Inc. and Tidewater Cemetery Corporation own
property located at 3445 Princess Anne Road, which is adjacent to the property that is
the subject of Dominion Virginia Power's application.
3. I have an ownership interest in Hollomon-Brown Funeral Home, Inc., and its
corporate headquarters are located at 8464 Tidewater Drive, Norfolk, Virginia. I also
have an ownership interest in Tidewater Cemetery Corporation, and its principle
office is located at 1453 Kempsville Road Suite 101, Virginia Beach, Virginia.
4. I hereby disclose this interest and will abstain from voting on the transaction.
1008 WITCH POINT TRAIL, VIRGINIA BEACH, VA 23455-5645
Mrs. Ruth Hodges Fraser -2- January 20, 2015
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F)
I respectfully request that you record this declaration in the official records of City Council.
Thank you for your assistance in this matter.
Sincerely,
Louis R. Jon
Vice Mayor
LJR/RRI
OP OUR NASIONS
JOHN MOSS
COUNCILMAN - AT -LARGE
In Reply Refer to 0053846
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
C ity of Virginia Beach
January 20, 2015
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F)
Dear Mrs. Fraser:
VBgov.Com
PHONE: (757) 363-7745
MOSSJOHN @ COX. N ET
Pursuant to the State and Local Government Conflict of Interests Act, I make the following
declaration:
I am executing this written disclosure regarding City Council's discussion and vote
on the application of Dominion Virginia Power for a conditional use permit for
property located at 2056 Recreation Avenue.
2. I have a personal interest in Dominion Resources, Inc., which is also known as
Dominion Virginia Power. Its corporate street address is 120 Tredegar Street,
Richmond, Virginia 23219.
3. I wish to disclose this interest and abstain from voting on this matter.
Accordingly, I respectfully request that you record this declaration in the official records of
City Council.
Thank you for your assistance and cooperation in this matter.
JDM/RRI
li�Sincere
'1
I
John D. ra<�
Councilmember
4109 RICHARDSON ROAD, VIRGINIA BEACH, VIRGINIA 23455
Item -V J.4
PLANNING
-52 -
ITEM #64529
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and
CONDITIONED, BY CONSENT, Application of KENNETH LEACH and TIMOTHY WHITE for a
Conditional Use Permit re an Open Air Market at 2545 Sandpiper Road DISTRICT 7 — PRINCESS
ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of KENNETH LEACH and TIMOTHY
WHITE for a Conditional Use Permit re an Open Air Market at 2545
Sandpiper Road (GPIN 2434104628) DISTRICT 7 — PRINCESS ANNE
The following conditions shall be required:
1. There shall be no more than one Food Service trailer on the Site at any one time.
2. Approval from the Health Department is required prior to operation.
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 Twentieth day of January,
Two Thousand Fifteen
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
Item -V-J 5
PLANNING
-53 -
ITEM #64530
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and
CONDITIONED, BY CONSENT, Applications of OBEDIENT PAWS, LLC and ADAM and DIANE
BLACKISTON for a Conditional Use Permit re a Home Occupation for boarding and training at 5013
Madeira Road DISTRICT 4 - BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Applications of OBEDIENT PAWS, LLC and ADAM
and DIANE BLACKISTON for a Conditional Use Permit re a Home
Occupation for boarding and training at 5013 Madeira Road (GPIN
1469919 744) DISTRICT 4 - BAYSIDE
The following conditions shall be required.
1. Unless otherwise limited by Animal Control, the maximum number of dogs on the
site over six (6) months of age shall be four (4).
2. The dogs shall only be trained within fenced areas of the yard.
3. All dogs shall be housed within the home and garage.
4. The existing rear yard fencing shall be maintained in good condition for
perimeter control.
5. All dogs, when outside the residence and garage, shall be supervised at all times.
6. All animal waste shall be collected and disposed of in a lawful manner on a daily
basis.
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 Twentieth day of January,
Two Thousand Fifteen
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
Item -V-J.6
PLANNING
-54 -
ITEM #64531
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and
CONDITIONED, BY CONSENT, Applications of BEACH LAWN and GARDEN INC and GEORGE
LEITZ for a Conditional Use Permit re Bulk Storage at 1760 Independence Boulevard DISTRICT 4 —
BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Applications of BEACH LAWN and GARDEN INC
and GEORGE LEITZ for a Conditional Use Permit re Bulk Storage at
1760 Independence Boulevard (GPIN 1479240082) DISTRICT 4 —
BAYSIDE
The following conditions shall be required:
With the exception of any modifications required by any of these conditions, the
Site shall be developed and maintained substantially in conformance with the
submitted Site Plan entitled "PARKING PLAN FOR 1760-1776
INDEPENDENCE BLVD., " dated March 25, 2014 and prepared by Robyn J.
Thomas.
2. Category IV landscape screening shall be installed at the exterior of the fence at
the West side of the Bulk Storage area, as shown on the Site Plan identified by
staff as "LANDSCAPE AND IMPROVEMENTS PLAN". The landscaping shall
consist of evergreen trees, five (5) to six (6) feet in height at the time of planting.
3. A gate shall be installed to the East of the building, as shown on the Site Plan,
identified by Staff as "LANDSCAPE AND IMPROVEMENTS PLAN". The gate
shall be constructed of a solid material, not less than six (6) feet in height.
4. Should the fencing located on the adjacent parcels to the North and/or East be
removed, the applicant or owner of the subject Property shall be required to
install new fencing. The new fencing shall be not less than six (6) feet in height,
and Category VI landscaping, as per Section 228 of the Zoning Ordinance.
This Ordinance shall be effective in accordance with Section 107 ()9 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of January,
Two Thousand Fifteen
January 20, 2015
Item -V-J.6
PLANNING
Voting: 11-0
Council Members Voting Aye:
-55 -
ITEM #64531
(Continued)
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
Item -V-J.7
PLANNING
-56 -
ITEM #64532
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED, AS
PROFFERED, BY CONSENT, Application of NEWTOWN SQUARE ASSOCIATES, LLC and
PROVIDENCE DEVELOPMENT CORP for a Change of Zoning from B-2 Community Business and A-
18 Apartment to Conditional B-4 Mixed Use District Commercial re redevelopment of the site at 544
Newton Road and 525 Landfall Arch DISTRICT 2 — KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Applications of NEWTOWN SQUARE ASSOCIATES,
LLC and PROVIDENCE DEVELOPMENT CORP for a Chane o
Zonin from B-2 Community Business and A-18 Apartment to
Conditional B-4 Mixed Use District Commercial re redevelopment of
the site at 544 Newton Road and 525 Landfall Arch (GPINs 1468303340
and 1467392620) DISTRICT 2 — KEMPSVILLE
The following conditions 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 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of January,
Two Thousand Fifteen
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
Item-V-J.8a/b
PLANNING
-57-
ITEM #64533
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED, AS
PROFFERED and CONDITIONED, BY CONSENT, Applications of CHECKERED FLAG MOTOR
CAR COMPANY, INC and JULIA K LAWRENCE TRUST DISTRICT 4 - BAYSIDE
a Change of Zonin from A-12 Apartment and B-2 Community Business to
Conditional B-2 Community Business at 324 Nelms Lane and Virginia Beach
Boulevard
b. Conditional Use Permit re Auto Sales and Service
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Applications of CHECKERED FLAG MOTOR CAR
COMPANY, INC and JULIA K LAWRENCE TRUST DISTRICT 4 —
BAYSIDE:
a Change of Zonin from A-12 Apartment and B-2 Community Business to
Conditional B-2 Community Business at 324 Nelms Lane and Virginia Beach
Boulevard (GPINs 1467770065, 1467761791, 1467760982, 1467669850 and
1467669913)
The following conditions shall be required.•
An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court
b. Conditional Use Permit re Auto Sales and Service
The following conditions shall be required.
With the exception of any modifications required by any of these conditions or as a
result of Development Site Plan review, the Site shall be developed substantially in
conformance with the exhibit entitled, "Conceptual Site Layout & Landscape Plan
of Checkered Flag — Land Rover/Jaguar, Virginia Beach, Virginia, " prepared by
MSA, P.C., dated 08125114, which has been exhibited to the Virginia Beach City
Council and is on file in the Planning Department.
2. The proposed building shall be constructed substantially in accordance with the
submitted elevations. Said elevations have been exhibited to the Virginia Beach
City Council and are on file with the Virginia Beach Planning Department.
3. A Landscape Plan shall be prepared by a Landscape Professional and submitted
for Development Services Center review and shall depict an all-weather solid
fence, minimum height of six (6) feet to be installed along all property lines
adjacent to the A-12 Apartment District.
4. Any existing "nonconforming" free-standing signs shall be removed. The free-
standing sign (pylon sign as identified on the Plan referenced in Condition I
above) shall be as depicted on the exhibit entitled, "Multibrand 8, " and shall be
limited to eight (8) feet in height.
January 20, 2015
Item -V-J 8a/b
PLANNING
-58 -
ITEM #64533
(Continued)
5. All garage doors shall remain closed other than for the maneuvering of vehicles in
and out of service bays.
6. All parking lot lighting shall be directed inward and shall not reflect toward the
adjacent properties and City streets. A Photometric Plan shall be submitted for
Development Services Center review.
7. No loud speakers, outdoor paging system, outdoor speaker system or outdoor
sound amplification system shall be permitted on site.
8. No vehicles for sale or rent shall be parked within any portion of the public rights-
of-way.
9. No outside storage of parts, equipment or vehicles wrecked or in a state of obvious
disrepair shall be permitted. If vehicles in this condition require storage, such
vehicles shall be stored within the building.
10. All automotive repair work shall be conducted inside the building.
11. All existing chain-link and barbed-wire fencing shall be removed from the
property. The use of chain-link and/or barbed-wire shall be prohibited from use
along any property line adjacent to the A-12 Apartment District zoning or if visible
from any right-of-way.
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 Twentieth day of January,
Two Thousand Fifteen
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Abstaining:
Mayor William D. Sessoms, Jr.
Council Members Absent:
None
January 20, 2015
City of Virginia Beach
�y z,
p 2
X99
O OUR NA'V%'
WILLIAM D. SESSOMS, JR.
MAYOR
In Reply Refer to 0053845
January 20, 2015
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Dear Mrs. Fraser:
VBgov.com
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9000
(757)385-4581
FAX (757) 385-5699
wsessoms@vbgov.com
Pursuant to the State and Local Government Conflict of Interests Act, I make the following
declaration:
1. I am executing this written disclosure regarding City Council's discussion and vote
on the applications of Checkered Flag Motor Car Company, Inc. for a conditional use
permit and for a change of zoning from A-12 Apartment and B-2 Community
Business to Conditional B-2 Community Business for property located at 324 Nelms
Lane, 5200 Virginia Beach Boulevard, 5226 Virginia Beach Boulevard, and 5232
Virginia Beach Boulevard.
2. The applicant has advised that TowneBank has or will provide services with respect
to the requested property use.
3. I have a personal interest in TowneBank, which is located at 600 22nd Street in
Virginia Beach.
4. I wish to disclose this interest and will abstain from voting on this matter.
Mrs. Ruth Hodges Fraser -2- January 20, 2015
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Accordingly, I respectfully request that you record this declaration in the official records of
City Council.
Thank you for your assistance and cooperation in this matter.
Sincerely,
/William D. Ses oms
Mayor
WDS/RRI
Item -V-J.9
PLANNING
-59 -
ITEM #64534
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED, AS
PROFFERED, BY CONSENT, Applications of AH SANDBRIDGE, LLC for Modi ication of Prof
No. 3 of a Conditional Change of Zoning at 2101 Princess Anne Road (APPROVED June 11, 2013)
DISTRICT 7 — PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Applications of AH SANDBRIDGE, LLC for
Modification o Pro f er No. 3 of a Conditional Change of Zoning at 2101
Princess Anne Road (APPROVED June 11, 2013) (GPIN 2414129860)
DISTRICT 7 — PRINCESS ANNE
The following conditions 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 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of January,
Two Thousand Fifteen
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
Item -V-J 10a
PLANNING
.e
ITEM #64535
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED, AS
PROFFERED, BY CONSENT, Ordinance upon Application of the CITY OF VIRGINIA BEACH:
a. Change of Zoning from B-2 Community Business to Conditional I -I
Industrial at London Bridge Road between Potters Road and I-264
re uses compatible with the Accident Potential Zone (GPIN)
DISTRICT 6 — BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Applications of CITY OF VIRGINIA BEACH. -
a. Change o Zonin from B-2 Community Business to Conditional I-1
Industrial at London Bridge Road between Potters Road and I-264
re uses compatible with the Accident Potential Zone (GPIN
240 7048646) DISTRICT 6 —BEACH
The following conditions 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 10769 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of January,
Two Thousand Fifteen
Voting: 11-0
Council Members Voting Aye.
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
Item-V-J.10b
PLANNING
-61-
ITEM #64536
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY
CONSENT, Ordinance upon Application of the CITY OF VIRGINIA BEACH:
b. AMEND Section 107 of the City Zoning Ordinance (CZO) re
Proffered Conditions that deviate from allowable lot coverage
Voting: 10-1
Council Members Voting Aye.
M. Benjamin Davenport, Robert M. Dyer, Vice Mayor Louis R. Jones,
Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
January 20, 2015
1
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AN ORDINANCE TO AMEND SECTION 107
OF THE CITY ZONING ORDINANCE
PERTAINING TO THE ACCEPTANCE BY
CITY COUNCIL OF PROFFERED
CONDITIONS THAT DEVIATE FROM THE
REQUIRED LOT COVERAGE
Section Amended: City Zoning Ordinance § 107
WHEREAS, the public necessity, convenience, general welfare and good zoning
practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 107 of the City Zoning Ordinance is hereby amended and
reordained to read as follows:
Section 107. Amendments.
(i) Petitions not meeting minimum requirements. Any petition for which the
parcel involved or structure on the parcel does not meet the minimum dimensional
requirements of the proposed zoning district shall be processed nevertheless, but shall
not be approved by the city council unless it finds that either special circumstances
pertinent to the site or the proposed conditions of rezoning adequately offset the
negative effects of the deficiency. In addition, the city council may, for good cause
shown and upon a finding that there will be no significant detrimental effects on
surrounding properties, accept proffered conditions reasonably deviating from the
setback, lot coverage, landscaping and minimum lot area requirements and height
restrictions, except as provided in Section 202(b), otherwise applicable to the proposed
development. No such deviation shall be in conflict with the applicable provisions of the
comprehensive plan.
COMMENT
This amendment will allow City Council to approve a Conditional Zoning where the lot
coverage requirement is not met. City Council currently does so for setbacks, landscaping, lot area
and height.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day
of January , 2015.
APPROVED AS TO CONTENT
CA13165
R-2
November 19, 2014
APPROVED AS TO LEGAL SUFFICIENCY:
Cl *yyy Attorney's. _
Item-V-J.IOc
PLANNING
-62-
ITEM #64537
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED TO
FEBRUARY 3, 2015, BY CONSENT, Ordinance upon Application of the CITY OF VIRGINIA
BEACH:
c. AMEND the Comprehensive Plan re Princess Anne and Transition
Area, Chapter 4 of the Policy Document, and REVISE the
Transition Area Design Guidelines
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
Item-V-J.IOd
PLANNING
-63-
ITEM #64538
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY
CONSENT, Ordinance upon Application of the CITY OF VIRGINIA BEACH:
d. AMEND Section 502 of the City Zoning Ordinance (CZO) re
setbacks adjacent to the Atlantic Ocean
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
1 AN ORDINANCE TO AMEND SECTION 502
2 OF THE CITY ZONING ORDINANCE
3 PERTAINING TO SETBACKS ADJACENT TO
4 THE ATLANTIC OCEAN IN THE R -5R
5 ZONING DISTRICT
6
7 SECTION AMENDED: City Zoning Ordinance § 502
8
9 WHEREAS, the public necessity, convenience, general welfare and good zoning
10 practice so require;
11
12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14
15 That Section 502 of the City Zoning Ordinance is hereby amended and
16 reordained to read as follows:
17
18 ARTICLE 5. RESIDENTIAL DISTRICTS
19
20 ....
21
22 Sec. 502. Dimensional requirements.
23
24 The following chart lists the requirements within the R-40 through R -5S
25 Residential Districts for minimum lot area, width, yard spacing and maximum lot
26 coverage for single-family dwellings.
27
28 (a) For single-family dwellings:
29
Residential Districts
R- R- R- R- ' R- R- R- R- R-
40 30 20 15 10 7.5 5D 5R 5S
(11)
As an exception, the minimum setback in any
yard adjacent to the public beach of the Atlantic
Ocean for any structures, except in -ground
swimming pools, shall be 30 feet in the R -5R
District. For purpose of this section, "beach"
h II ' I d b Ikh d d of uous
s a me u e any u ea a area co i-4
to, and any unimproved public right-of-way
within, the sandy beach.
C
NA NA NA NA NA NA NA 30 NA
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
The following chart lists the requirements within the R -5D Residential District for
minimum lot area, width, yard spacing and maximum lot coverage for duplex and
semidetached dwellings.
(b) For duplex and semidetached dwellings in the R -5D Residential District:
DuplexesSemidetached
(9) As an exception, the setback for any yard adjacent to
the public beach of the Atlantic Ocean for any structures shall
be 30 feet in the R -5R District. For purpose of this section,
"beach" shall include any bulkheaded area contiguous to, and
any unimproved public right-of-way within, the sandy beach.
The following chart lists the requirements within the R -5R Residential District for
minimum lot area, width, yard spacing and maximum lot coverage for duplex and
semidetached dwellings.
(b1) For duplex and semidetached dwellings in the R -5R Residential District:
Duplexes Semidetached
(9) As an exception, the minimum setback in any yard
adjacent to the public beach of the Atlantic Ocean for any
(structures, except in -ground swimming pools, shall be 30 feet
in the R -5R District. For purpose of this section, "beach" shall ,
include any bulkheaded area contiguous to, and any
unimproved public right-of-way within, the sandy beach.
The following chart lists the requirements within the R-40 through R-2.5
Residential Districts for minimum lot area, width, yard spacing and maximum lot
coverage for uses and structures other than dwellings.
(d) For uses other than dwellings:
2
As an exception, the setback for any NA NA NA NA NA NA NA 30 NA NA
(8) yard adjacent to the public beach of the
Atlantic Ocean for any structure shall
be 30 feet in the R -5R District. For
Purposes of this section "beach" shall
include any bulkheaded area
contiguous to and any unimproved
public right-of-way within the sandy
beach.
COMMENT
These amendments clarify that all structures adjacent to the public beach of the Atlantic
Ocean are required to have a thirty (30) foot setback. This is applicable even if the lot is adjacent to
an unimproved street or bulkhead as is present from 48th to 89th Streets.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day
of January , 2015.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
CA13131
R-2
December 23, 2014
City Attorney's Office
3
Item-V-J.IOe
PLANNING
-64-
ITEM #64539
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY
CONSENT, Ordinance upon Application of the CITY OF VIRGINIA BEACH:
e. ESTABLISH Transition Rules for the review of Site Plans,
Subdivision Plats and other Plans of Development for setbacks
adjacent to the Public Beach of the Atlantic Ocean
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
1 AN ORDINANCE ESTABLISHING TRANSITION
2 RULES FOR THE REVIEW OF SITE PLANS,
3 SUBDIVISION PLATS AND OTHER PLANS OF
4 DEVELOPMENT FOR SETBACKS ON PROPERTY
5 ADJACENT TO THE PUBLIC BEACH OF THE
6 ATLANTIC OCEAN IN THE R -5R ZONING DISTRICT
7
8 WHEREAS, the public necessity, convenience, general welfare and good zoning
9 practice so require;
10
11 WHEREAS, the City Council has adopted a City Zoning Ordinance requiring that
12 setbacks on property in the R -5R Zoning District adjacent to the public beach of the
13 Atlantic Ocean be thirty (30) feet, even if there is a bulkheaded area contiguous to or
14 any unimproved right-of-way within, the public beach; and
15
16 WHEREAS, this setback differs from that previously applicable to this area of the
17 R -5R Zoning District; and
18
19 WHEREAS, it is the sense of the City Council that special transition rules should
20 be adopted to govern certain development applications that were not approved by the
21 City prior to the effective date of the Ordinance;
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25
26 1. That the following rules shall apply to the review of site plans, subdivision
27 plats and other plans of development for setbacks for property adjacent to the public
28 beach of the Atlantic Ocean in the R -5R Zoning District:
29
30 (a) Any subdivision plat, site plan or other plan of development pertaining to
31 setbacks for property adjacent to the public beach of the Atlantic Ocean in
32 the R -5R Zoning District that has been accepted for review, but has not
33 been approved by the City on or before the close of business on the date
34 of adoption of the amendment to Section 502 of the City Zoning Ordinance
35 pertaining to setbacks adjacent to the public beach of the Atlantic Ocean,
36 for a period of one hundred eighty (180) days from the date of adoption,
37 shall be subject to the ordinances of the City applicable to such property in
38 effect on the date such plat, site plan or other plan of development was
39 accepted for review by the City.
40
41 (b) If such site plan, subdivision plat or other plan of development is not
42 approved within the aforesaid 180 -day period, all development that is the
43 subject of such site plan, subdivision plat or other plan of development
44 shall conform to all then current provisions of the City Zoning Ordinance,
45 as well as to all other applicable laws, ordinances, regulations and
46 standards.
47
48 COMMENT
49
50 These transition rules will allow projects that have been submitted but not approved to
51 continue through the approval process. Thus, if a project was submitted last week with a 20 foot
52 setback on the public beach, it could continue through the process without being amended to 30
53 feet. This would continue for 180 days. If it was not approved within 180 days, it would then have
54 to be amended to meet the new 30 foot setback.
55
56 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
57 BEACH, VIRGINIA:
58
59 That nothing in this ordinance shall be construed to affect any vested rights
60 which existed as of the effective date of the Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day
of January , 2015.
APPROVED AS TO CONTENT
Plannin rment
CA13252
R-2
January 8, 2015
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
2
Item -V -J.11
PLANNING
-65 -
ITEM #64540
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY
CONSENT, RESOLUTION re SIMON ACQUISITION II, LLC for a Comprehensive Plan Consistency
Review for vehicular access
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
1
2
3
4
5
6
7
8
9
10
11
12
A RESOLUTION EXTENDING THE TIME WITHIN WHICH THE
PLANNING COMMISSION MUST ACT IN THE APPLICATION
OF SIMON ACQUISITION ll, LLC FOR COMPREHENSIVE
PLAN CONSISTENCY REVIEW PURSUANT TO VIRGINIA
CODE SECTION 15.2-2232
WHEREAS, Simon Acquisition II, LLC (Simon) has made application pursuant to
Virginia Code Section 15.2-2232 (the Application) to the Planning Commission for
Comprehensive Plan consistency review regarding vehicular access to a proposed
350,000 square foot retail outlet mall located in the City of Virginia Beach; and
13 and
14
15
16
17
18
19
20
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22
23
24
25
26
WHEREAS, the Application was submitted to the City on December 10, 2014;
WHEREAS, Virginia Code Section 15.2-2232 provides, in pertinent part, that
"[f]ailure of the commission to act within 60 days of a submission, unless the time is
extended by the governing body, shall be deemed approval" of the application; and
WHEREAS, as a result of the aforesaid provision and the regular meeting
schedule of the Planning Commission, the Planning Commission would have to act
upon the Application at its meeting of January 14, 2005 or be deemed to have approved
the Application, inasmuch as its next regular meeting is to take place on February 11,
2015, more than sixty (60) days after the submission of the Application; and
WHEREAS, the statutorily -mandated sixty-day period is insufficient for the
Planning Department to adequately review and evaluate the Application and for the
Planning Commission to give mature and proper consideration to the Application;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
27 That the sixty-day time period imposed by Virginia Code Section 15.2-2232,
28 within which the Planning Commission must act or be deemed to have approved the
29 aforesaid application is hereby extended to March 11, 2015, and the Planning
30 Commission is hereby directed to act on the Application by no later than such date.
31
32
Adopted by
the Council
of the City of Virginia Beach, Virginia, on the
33
20th day of
January
, 2015.
2
APPROVED AS TO CONTENT:
CA -13244
R-2
December 19, 2014
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
M..
ITEM V -K
APPOINTMENTS ITEM #64541
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
TRANSITIONAREA/ITA CITIZENS ADVISORY COMMITTEE
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
-67 -
ITEM V -K
APPOINTMENTS ITEM #64542
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
DR. ALLAN MORSDEN
Three year term 01/0112015 —1213112017
COMMUNITY SER VICES BOARD
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
M
ITEM V -K
APPOINTMENTS ITEM #64543
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
RA DM CARLTON B. JEWETT
Five year term 0310112015 thru 02/2812020
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
ITEM V -K
APPOINTMENTS ITEM #64544
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
GEORGE E. McGOVERN
LARRY W. SHACKELFORD
GEORGE N. TZA VARA -Alternate
Three year term 03/01/2015 — 02/28/2018
PERSONNEL BOARD
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 20, 2015
Item -V-N
ADJOURNMENT
-70 -
ITEM #64545
Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:22 P.M.
Amanda Finley -Bar ,CMC
Chief Deputy City Clerk
th Hodges raser, MMC
City Clerk
City of Virginia Beach
Virginia
William D. Sessoms, Jr.
Mayor
January 20, 2015