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HomeMy WebLinkAboutSeptember 11, 2007 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 11 SEPTEMBER 2007 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY COUNCIL COMMENTS - Conference Room - II. REVIEW OF AGENDA III. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 1:00 PM 1:30 PM IV. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Jim Blanchard Pastor, Rivers of the Living Waters Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 4, 2007 G. AGENDA FOR FORMAL SESSION H. PUBLIC COMMENT 1. ANIMAL CONTROL FEES I. CONSENT AGENDA J. RESOLUTION/ORDINANCES 1. Resolution to REQUEST the local Delegation to the General Assembly sponsor and/or support legislation that will realize the goals and objectives set forth in the 2008 Community Legislative Agenda, including amendments to the City Charter. 2. Ordinances to ACCEPT and APPROPRIATE from the Department of Criminal Justice Services: a. $287,000 Law Enforcement Terrorism Prevention Program Grant to the Police Department FY 2007-08 Operating Budget re the prevention of or response to potential acts ofterrorism b. $26,058 to the Commonwealth's Attorney's Office FY 2007-08 Operating Budget re the Victim Witness Program K. PLANNING 1. Application of the VIRGINIA BEACH SCHOOL BOARD re the Virginia Beach Middle School project for closing, vacating and discontinuing portions of: a. Parks Avenue between 24th and 25th Streets b. 25th Street between Parks and Cypress Avenues c. Alleys within Block 126 d. Alleys within Block 135 DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 2. Variance to S4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for CHARLENE WIMBISH at 5614 and 5616 Paca Lane. DISTRICT 2 - KEMPSVILLE APPLICANT REQUESTS WITHDRAWAL RECOMMENDATION APPROVAL OF WITHDRA W AL 3. Application of JOANNE S. FERRELL and EDITH JOHANNA SMITH for a Chanf!e of Zoninf! District Classification from R-5D Residential District to Conditional B-2 Community Business District at 213 and 217 Louisa Avenue to enlarge the existing B-2 zoning to combine the rear portions of the property with the adjacent parcel to the west fronting on First Colonial Road. DISTRICT 6 - BEACH DEFERRED STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION AUGUST 14, 2007 APPROVAL DENIAL 4. Application of HOFFMAN BEVERAGE CO., INC., for a Conditional Use Permit re automotive repair at 5464 Greenwich Road. DISTRICT 2 - KEMPSVILLE RECOMMENDA nON APPROVAL 5. Application ofPPB, L.L.c., for a Conditional Use Permit re multi-family dwellings at 3228 Page Avenue and 2300-2308 Poseidon Court. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROVAL L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT CITYWIDE TOWN MEETINGS October 16,2007 Virginia Beach Convention Center - 7:15 pm FY 2008-2010 Budget January 15, 2008 Location to be Announced -7:15 pm SwrmwarerPwnsandFunmng ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 * * * * * * * * * * * Agenda 09/07/2007mb www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 11, 2007 Mayor Oberndorf called to order the CITY COUNCIL COMMENTS in the City Council Conference Room, City Hall, on Tuesday, September 11,2007, at 1:00 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James 1. Wood Council Members Absent: Ron A. Villanueva [Entered: 1:30 P.M - death infamily] September 11, 2007 - 2 - CITY COUNCIL COMMENTS 1:00 P.M. ITEM # 56814 The City Manager advised relative the planned Joint Reception on September 27, 2007, with the City Council, Virginia Beach School Board and the Members of the General Assembly suggest this meeting be postponed until after the November elections. If there are any new General Assembly Delegates, they would be able to attend The General Assembly Members are suggesting Monday, December 3, 2007. This reception would still be held at the Sheraton Oceanfront. ITEM # 56815 The City Manager also advised relative rate setting for health care, the blended rate was mentioned in the Briefings to City Council; however, it is not reflected in the Resolution regarding the City Healthcare Plan for year 2008 and providing direction for formulating the 2009 Healthcare Plan (Adopted by City Council on August 28, 2007). The City Attorney's office was requested to review this Resolution and clarify these points: The blended rate will be utilized for the Retirees and active groups. It is not a separate rate. The Retirees would continue to have access to the "point of service" plan. If a Retiree moves out of the service area, they can join this "point of service" plan. Council Lady Henley inquired if the P PO was required for Retirees or iust available to Retirees. Susan Walston, advised the "point of service" was offered to Retirees and was required for anyone retiring after January 1, 2005. Based on what the City Council reflected in this discussion, the proposal is to offer Retirees access to any plans offered to City employees. A special Retiree plan will continue to be offered for those individuals who wish to travel or relocate. ITEM # 56816 The Central Business District Association, Pearl Smith - Director, and the Chamber of Commerce have invited the City Council to meet with Senator Jim Webb, Thursday, September 13, 2007, at 2:00 P.M at Troutman Saunders.LLP, Attorneys At Law, 222 Central Park Avenue.. Mayor Oberndorf advised commencing Wednesday night, September 12, 2007, at Sundown until after Sundown, Friday, September 14, 2007, will be the Holiest Holidays in the Jewish Religion, Rosh Hashanah. Mayor Oberndorf will be in the Synagogue and unable to meet with the Senator. ITEM # 56817 Councilman DeSteph referenced remembrance of the Anniversary of "911" (September 11, 2001) and stated he had placed five (5) American flags in his front yard September 11, 2007 - 3 - CITY COUNCIL COMMENTS ITEM # 56819 Councilman DeSteph advised he is still in the process of compiling information concerning a media and communications individual who would report directly to City Council. ITEM # 56820 Mayor Oberndorfreferenced the Freedom Walk, Sunday, September 9,2007,2:00 to 4:00 P.M, Mount Trashmore Park, to show support for our Military and public safety members and to honor the victims of September 11, 2001. 2,500 letters and five (5) banners were collected from school children. These numerous messages were recorded for the troops to hlOW the citizens of Virginia Beach support theirs and their family's sacrifices. A "U.S. Department of Defense Program, American Supports You" has encouraged communities, nationwide, to initiate a Freedom Walk to honor military members and their families, public safety first responders; as well as commemorate the tragic events of September Eleventh. Mayor Oberndorf expressed appreciation to Dr. James Merrill, Superintendent of Virginia Beach Public Schools, NAS Oceana, Little Creek, Fort Story representatives, the staff from Media and Communications, as well as the Survivors of Pearl Harbor who participated in the Freedom Walk. The Survivors of Pearl Harbor requested the Mayor present their symbolic umbrella to the youngest participant. ITEM # 56821 Mayor Oberndorf and Councilman Uhrin, Liaison - Hampton Roads Transit (HRT) attended, by invitation, the meeting at the Hampton Roads Transit facility on Parks Avenue off Cyprus. Michael Townes, President and Chief Executive Officer - Hampton Roads Transit, explained his employees feel passionately concerning the services offered by HRT, but they would like to offer the public much more. The bus drivers had requested the attendance of the Mayor and Councilman Uhrin to listen to their concerns. Their day starts earlier than required and their day ended at approximately 7:00 P.M; therefore, commuters from work or the different higher education facilities (TTC and Old Dominion University Higher Education Center) are stranded late at night. It has been observed many times large buses going down main thorouglifares did not have a large ridership. One of the riders wrote a letter to the bus driver advising her requests for various services. Mayor Oberndorf advised public transportation will be competing in the budget for items such as Fire, Police, Emergency Medical Services, Schools, Mental Health and Mental Retardation, repairing streets and highways, and other items of this nature. Mayor Oberndorf and Councilman Uhrin were present to listen to their concerns. Mayor Oberndorf advised Virginia Beach is a member of the Hampton Roads Regional Transportation Authority. Mr. Townes advised there is no designated revenue stream for public transportation. Mayor Oberndorf reminded him that the legislation adopted by the General Assembly does have a specific designation for a line item offundingfor public transportation, but it is tied to the bifurcated tax rate (individuals who own commercial property would pay more re their real estate tax rate). The scheduling of the buses will be reviewed by the HRT. Councilman Uhrin advised the employees of the Hampton Roads Transit were very pleased the City Council has implemented the Universal Shuttle System. Many of the drivers were operating vehicles without air conditioning and experiencing constant repair problems. Resolution to ENDORSE participation with the Hampton Roads Transportation District Commission (HRTDC) re upgrade and replacement of the VB Wave Trolleys (Adopted July 17,2007) September 11, 2007 - 4 - CITY COUNCIL COMMENTS ITEM # 56822 Councilman Villanueva referenced a concern relative the Admobiles, owned by AHR Communications, Executive Director - Elaine Cayton, and whether they could have an extension to meet the perimeters required by City Staff. The Admobile roams the City's busiest streets with advertising signs that change every few seconds. Karen Lasley, Zoning Administrator, advised basically Ms. Cayton must substantiate advertising is not the primary purpose of the vehicle. Ms. Cayton was very cooperative and met with staff several times, providing detailed financial records. The City Attorney advised the enforcement of the City's ordinance re signage has been prolonged for over a year. If additional clarification is necessary, an amended ordinance must be drafted to allow flexibility. The City staff must enforce the ordinance. Deputy City Attorney Macali and the Zoning Administrator advised every opportunity was given to provide information reflecting the primary purpose of the Admobile is not advertising. Miles driven by the vehicles, revenues and delivery routes were examined The staff met with Ms. Cayton twice and gave her a certain mount of time to determine if she could comply with the Ordinance. It was determined, Ms. Cayton was not close to complying with the primary purpose and staff must direct Ms. Cayton to cease the operation. The City Attorney advised Ms. Cayton may appeal the Zoning Administrator's decision to the Board of Zoning Appeals. Ifshe does not like the decision of the Board of Zoning Appeals, Ms. Cayton may appeal to the Circuit Court. Councilman Villanueva appreciated the staff's professionalism. September 11, 2007 - 5 - AGENDA RE VIE W SESSION 1:47 P.M. ITEM # 56823 Jl. Resolution to REQUEST the local Delegation of the General Assembly sponsor and/or support legislation that will realize the goals and objectives set forth in the 2008 Community Legislative Agenda, including amendments to the City Charter. Council Lady Henley referenced the 2008 Community Legislative Agenda, Virginia Code Change Requests, Item 1. Tax, Fee and Spending Task Force - Place Holder. Council Lady Henley believes this to be an important item and hopes this Committee will review potential costs as the City Council would benefit from their analysis and recommendations Council Lady Henley referenced one of the earlier proposed legislative packages included an item addressing the 1.85 percent multiplier utilizedfor all employees. This was removed and City Council is now reviewing an Ordinance to Establish the Retirement Allowance for Sworn Law-Enforcement Officers, Deputy Sheriffs, full-time salaried fire fighters, and full-time salaried Emergency Medical Technicians at 1.85% percent of their average final compensation. Council Lady Henley inquired as to how many localities pay the total amount of health care. Council Lady Henley hopes the City staff will review the total cost (City and Schools). The City Manager advised every jurisdiction participating in the Virginia Retirement System (VRS) pays both the employer and the employee portion. The intent was to give the City Council the ability and option to ask for participation not only for public safety employees but for all employees. Council Members Dyer and Wilson, Members - Tax Fee and Spending Task Force, advised they will be pleased to review this concept as part of their overall project. Robert Matthias, Assistant to the City Manager, advised all School Teachers are under the Virginia Retirement System (VRS) and all have their locality pay the five (5) percent, local share. Not all other jurisdictions are under the VRS (Norfolk, Newport News, Fairfax County, Richmond). Some of the smaller jurisdictions have their own retirement plan. Councilman Uhrin confirmed the Virginia Beach Restaurant Association and the Hotel/Motel Association supports Virginia Code Change Request (Item 11) Smoke Free Restaurants. Council Lady Henley referenced the paragraph in the Resolution: WHEREAS, as in past years, a Public Safety Addendum Package, not part of the Formal Agenda, is includedfor consideration by the General Assembly Mr. Matthias advised this was an error and this paragraph shall be deleted Council Lady McClanan advised the date of the Legislative Joint Reception with the General Assembly Delegation, City Council and Virginia Beach School Board has been changed, to Monday, December 3, 2007. She is not ready to vote re the Resolution. Council Lady McClanan expressed concern re Virginia Code Change Request (Item 6). Changes to Animal Fees. Council Lady McClanan was not sure if the purpose was to take care of the problems with "cats and dogs" or to solve the Capital Improvement Programs problems. Council Lady McClanan advised she has a problem with turning professional individuals such as Veterinarians into "tax collectors". Council Lady McClanan is concerned relative a number of the issues contained within the Community Legislative Agenda which have far reaching ramifications. September 11, 2007 - 6 - AGENDA RE VIE W SESSION ITEM # 56823 (Continued) The General Assembly is faced with the very same problems as the City re declining revenue and they will be limited in their accomplishments. Council Lady McClanan personally does not feel she has heard all the facts which would assist in making her decisions. Council Lady Wilson suggested additional public comment concerning the Community Legislative Agenda. Council Lady Wilson suggested the Changes to Animal Fees be a Place Holder in the Community Legislative Agenda. Mr. Matthias advised this would not lessen the impact of the Community Legislative Agenda. The drafting requests have to be in by the first week of December. Councilman DeSteph advised he has quite a few recommendations re the Community Legislative Agenda and would be much more comfortable in waiting. Councilman DeSteph believes the DRAFT ordinance re animal fees would clarify issues. Councilman DeSteph said the collection of fees is to be voluntary, not mandatory. Councilman DeSteph is also compiling information relative the animal fee ordinance and hoping to complete the statistics re cats and dogs related to the Animal Fee Ordinance and Community Legislative Agenda item. Mayor Oberndorfreferenced correspondence from her Veterinarian offorty-three (43) years reiterating their concerns relative collection of these fees by Veterinarians. The Veterinarians do not want the entire burden of collection resting on the small business owner. Councilman DeSteph has spoken to three (3) Veterinarians and Dave Hansen, Chief of Information and Technology, advised he would confer with the majority. Mayor Oberndorf advised her Veterinarian has not been consulted This item shall be further discussed during the City Council Session of October 2, 2007, and DEFERRED for a vote until the City Council Session of October 9, 2007. ITEM # 56824 BYCONSENSUS, thefollowing items shall compose the CONSENT AGENDA: J. RESOLUTION/ORDINANCES 1. Resolution to REQUEST the local Delegation of the General Assembly sponsor and/or support legislation that will realize the goals and objectives set forth in the 2008 Community Legislative Agenda, including amendments to the City Charter. 2. Ordinances to ACCEPT and APPROPRIATE from the Department of Criminal Justice Services: a. $287,000 Law Enforcement Terrorism Prevention Program Grant to the Police Department FY 2007-08 Operating Budget re the prevention of or response to potential acts of terrorism b. $26,058 to the Commonwealth's Attorney's Office FY 2007-08 Operating Budget re the Victim Witness Program Item J.1. (2008 Community Legislative Agenda, shall be DEFERRED, BY CONSENT, until the City Council Session of October 9, 2007. September 11, 2007 - 7 - AGENDA RE VIE W SESSION ITEM # 56825 1 Application of the VIRGINIA BEACH SCHOOL BOARD re the Virginia Beach Middle School project for closing, vacating and discontinuing portions of a. Parks Avenue between 24th and 25th Streets b. 25th Street between Parks and Cypress Avenues c. Alleys within Block 126 d. Alleys within Block 135 Tony Arnold, Director of Facilities - Virginia Beach Schools, advised ground has been broken on the improvements to Beach Garden Park and this project should be completed later this year. Mike Ross - HBA Architects, has designed a wonderful coastal-style school, which should commence later this year and be complete in 2010. Councilman Uhrin expressed appreciation to his predecessor, Richard Maddox, for his dedicated efforts re selecting this site for the new Middle Schoo/. Councilman Uhrin requested Mr. Maddox be invited in an official capacity to the ground breaking and any other events relative this new school. ITEM # 56826 K. PLANNING 1 Application of the VIRGINIA BEACH SCHOOL BOARD re the Virginia Beach Middle School project for closing, vacating and discontinuing portions of a. Parks Avenue between 24th and 25th Streets b. 25th Street between Parks and Cypress Avenues c. Alleys within Block 126 d. Alleys within Block 135 DISTRICT 6 - BEACH 2. Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for CHARLENE WIMBISH at 5614 and 5616 Paca Lane. DISTRICT 2 - KEMPSVILLE 3. Application of JOANNE S. FERRELL and EDITH JOHANNA SMITH for a Change of Zoning District Classification from R-5D Residential District to Conditional B-2 Community Business District at 213 and 217 Louisa Avenue to enlarge the existing B-2 zoning to combine the rear portions of the property with the adjacent parcel to the west fronting on First Colonial Road. DISTRICT 6 - BEACH September 11, 2007 - 8 - AGENDA RE VIE W SESSION ITEM # 56826 (Continued) BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA 4. Application of HOFFMAN BEVERAGE CO., INC., for a Conditional Use Permit re automotive repair at 5464 Greenwich Road. DISTRICT 2 - KEMPSVILLE Item K.2 (CHARLENE WIMBISH) shall be WITHDRA WN, BY CONSENT. Item K. 3 (FERRELL AND SMITH) shall be DEFERRED INDEFINITELY, BY CONSENT September 11, 2007 - 9 - ITEM # 56827 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(I) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies Performance of Council Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of Property: Public Beach Ownership LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). Religious Land Use and Institutionalized Persons Act (RLUIPA) Public Beach Ownership Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION (1:55 P.M.). September 11, 2007 - 10 - ITEM # 56827 (Continued) Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel Councilman John E. Uhrin became ill and left during Closed Session 2:30 P.M. (Break: 1:55 P.M. -2:00 P.M.) (Council Appointee Evaluation: 2:00 P.M. - 4:30 P.M.) (Closed Session: 4:30 P.M. - 5:44 P.M.) (Dinner: 5:44 P.M. - 6:00 P.M.) September 11, 2007 - 11 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 11,2007 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 11, 2007, at 6:00 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Absent: John E. Uhrin [Ill and left during Closed Session 2:30 P.M.) INVOCATION: Reverend Jim Blanchard Pastor, Rivers of the Living Waters Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 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 1 0, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of 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 27,2004, is hereby made a part of the record. September 11, 2007 - 12 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL (Continued) Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of 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 27, 2004, is hereby made a part of the record. September 11, 2007 - 13 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 56828 Upon motion by Councilman Dyer, seconded by Councilman Wood, 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: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin September 11, 2007 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 #56827, Page 9, 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, NOff, THEREFORE, BE IT RESOL VED: 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. September 11, 2007 - 14 - Item V-F.1. MINUTES ITEM # 56829 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of September 4, 2007. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin September 11, 2007 - 15 - Item V-G 1. ADOPTAGENDA FOR FORMAL SESSION ITEM 56830 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 11, 2007 - 16 - Item V-H 1. PUBLIC COMMENT ITEM 56831 Mayor Oberndorf INVITED PUBLIC COMMENT: ANIMAL CONTROL FEES The following registered to speak: Debbie Dallavilla, 506 Harbor Point, Phone: 437-1165, resident of Virginia Beachfor over twenty-five years, supports increase in pet license fees. Ms. Dallavilla volunteers in various capacities for the SPCA, Heritage Human Society and the Virginia Siamese Cat Rescue Center. For the past six (6) years, she has monitored the Virginia Beach Animal Control, specifically for Siamese Cats. Jimmy Frost, 2240 Windom Place, Phone: 343-6247, Volunteer - Friends of Virginia Beach Animal Control, Portsmouth Human Society and approximately a dozen other similar groups throughout the United States. Mr. Frost registered in support, but expressed concerns re impoundment fees and believed if the animal's shots are up to date, the first impoundment should be without charge. Leigh Penner, 1624 Dey Cove Drive, Phone: 333-5012, President - Friends of Virginia Beach Animal Control. Friends is focused on life saving efforts for the abandoned animals in the City. A modern Animal Control Facility is needed. Ms. Penner expressed appreciation to Dave Hansen, Chief of Finance and Technology, and his stafffor their dedicated efforts. The impoundment fees should be kept at a limit that would allow individual retrieval of their animals. Alllicensingfees should go directly to Animal Control, instead of the General Fund. Sharon Adams, representing Virginia Beach SPCA, 3040 Holland Road, Phone: 427-6387, registered in support of increased fees. The SPCA has sold pet licenses, on behalf of the City, for fifteen (15) years. These licenses are required for adoption. These licenses will provide a correct count of he number of animals within the City. Ms. Adams believes there are 350,000 companion animals in Virginia Beach; however, this is not an exact figure. This concept is a public health issue. Bill Johnson, Owner - Shipps Corner Pet SPA and Resort, as well as a Public Accountant, 748 Oriole Drive, Phone: 222-2159. Mr. Johnson expressed concern re the Animal Control Fees, as not one Veterinarian served on the Committee re the concept of increasing animal control fees. He was concerned relative mandatory collection of license fees by Veterinarians. Dr. Margaret Johnson, Veterinarian, owner - Little Neck Animal Hospital, 3259 Virginia Beach Boulevard, Phone: 340-0923. Dr. Johnson expressed concern re voluntary versus mandatory collection of fees. Copy of correspondence, dated September 6, 2007, to Virginia Beach Veterinarians from David L. Hansen, Chief of Finance and Technology, is herby made a part of the record. Kienda Jones, with husband, Dr. Keith Jones, owns Holland Oaks Veterinary Hospital, 3200 Dam Neck Road #115, Phone: 468-1400, was opposed to being a tax collector and expressed concern re voluntary versus mandatory collection offees. September 11, 2007 - 17 - Item V-H 1. PUBLIC COMMENT ITEM 56831 (Continued) Mayor Oberndorf INVITED PUBLIC COMMENT: ANIMAL CONTROL FEES Dr. Mark Honaker, Owner - Bay Beach Medical Clinic, 2753 Nestlebrook Trail, Phone: 721-3506, spoke in support of increased fees to generate funds for Animal Control. Dr. Honaker expressed concern re voluntary versus mandatory collection of fees. Dr. Honaker will voluntarily try to integrate this licensing into his software. After pollingfifteen (15) Veterinarians, one hundred percent (100%) were against mandatory licensing. Dr. Blair Jones, Owner - Great Neck Veternarian Clinic and Strawbridge Animal Care, 2129 General Booth Boulevard, Phone: 438-1109, echoed the concerns offellow Veterinarians. Both of her hospitals have sold licenses and plan to continue as long as the process is voluntary, not mandatory. Councilman DeSteph advised the Ordinance, as currently written, reflects voluntary collection of fees by the Veterinarian. Mayor Oberndorf read correspondence of her Veternarian, Dr. Bostic - Bostic Veterinarian Hospital, into the record. Said correspondence is hereby made a part of the record. Dr. Bostic stated all rabies vaccination information is already being forwarded to the City Treasurer's office, requiring Veterinarian's offices to sell licenses is not only unethical but probably illegal. The City Attorney distributed correspondence dated September 10, 2007 from Doctors Robin G. Davis, Allan P. Adair, Sarah S. Adair, Douglas Hentrich, J. Patrick Soles and J. Wesley Shoup, which is hereby made a part of the record. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC COMMENT. September 11, 2007 - 18 - Item v.J. RESOLUTION/ORDINANCES ITEM #56832 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Resolution/Ordinances 1 (DEFERRED) and 2a/b of the CONSENT AGENDA Item J.1. (2008 Community Legislative Agenda) will be DEFERRED, BY CONSENT until the City Council Session of October 9,2007) Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin September 11, 2007 - 19 - Item V-J.l. RESOLUTION/ORDINANCES ITEM #56833 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of October 9, 2007: Resolution to REQUEST the local Delegation of the General Assembly sponsor and/or support legislation that will realize the goals and objectives set forth in the 2008 Community Legislative Agenda, including amendments to the City Charter (Public Comment will be scheduled for October 2, 2007) Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin September 11, 2007 - 20- Item V-J.2.a/b. RESOLUTION/ORDINANCES ITEM #56834 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to ACCEPT and APPROPRIATE from the Department of Criminal Justice Services: $287,000 Law Enforcement Terrorism Prevention Program Grant to the Police Department FY 2007-08 Operating Budget re the prevention of or response to potential acts of terrorism $26,058 to the Commonwealth's Attorney's Office FY 2007-08 Operating Budget re the Victim Witness Program Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin September 11, 2007 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $287,000 2 FROM THE DEPARTMENT OF CRIMINAL JUSTICE 3 SERVICES FOR THE LAW ENFORCEMENT TERRORISM 4 PREVENTION PROGRAM GRANT TO THE POLICE 5 DEPARTMENT'S FY 2007-08 OPERATING BUDGET FOR 6 EQUIPMENT TO BE USED TO PREVENT OR RESPOND TO 7 POTENTIAL ACTS OF TERRORISM 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That $287,000 is hereby accepted from the Department of Criminal Justice 13 and appropriated to the Police Department's FY 2007-08 Operating Budget for equipment 14 to be used to prevent or respond to potential acts of terrorism, with federal revenue 15 increased accordingly. 16 17 Adopted the by the Council of the City of Virginia Beach, Virginia,1~ day of 18 September ,2007. Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services ;;e~ ~- City Attorney's Office CA 10487 R-2 August 31,2007 ---------. , jY-pv-J COMMONWEALTH of VIRGINIA Leonard G. Cooke Ditector Department qlCrimina! Justice Service.') July 2, 2007 202 N. Ninth Street Richmond, Virginia 23219 (804) 786-4000 FAX (804) 371-8981 TOO (804) 386-8732 Mr. James K. Spore City Manager City of Virginia Beach 2401 Courthouse Drive Virginia Beach, V A 23456 RE: Law Enforcement 'Jerrorism Prevention Program Grant No: 08-A5449HS06 Project Title: Computer Evidence Recovery, Tactical Water Operations, & Night Operations for Aviation Units Program Dear Mr. Spore: The Law Enforcement Terrorism Prevention Program (LETPP) is funded by the U. S. Department of Homeland Security through the Virginia Department of Emergency Management and is available to assist state and local law enforcement agencies in preventing or responding to potential acts of terrorism. The Department of Criminal Justice Services (DCJ S) is the administering agency for LETPP. I am pleased to inform you that your locality has been awarded $287,000 in federal funds under this program. These funds are awarded to assist you in detecting, deterring, disrupting and preventing acts of terrorism. No local matching funds are required for this program. Grant funds are awarded under specific equipment lists. The Law Enforcement Terrorism Prevention Program FY 2006 Guidelines outlines the amount under each equipment category you will receive. The guidelines can be found on the DCJS website at bJ1.Q:L!w\Yyv--,-\.t<js.virginia.gov/.s2le/. You cannot change or exchange equipment within categories without prior approval from DCJS. Enclosed please find a Statement of Grant Award and Statement of Special Conditions. Along with the Guidelines found on our website, please review all documentation pertaining to this award very carefully as they include specific requirements about the procedures you must follow in order to receive approval for purchases. To indicate your acceptance of the award and special conditions, please complete and sign the award and return it no later than August 1,2007 to Janice Waddy, Grants Administrator, at DCJS, 202 North 9th Street, Richmond, V A 23219. We will be happy to assist you in any way we can to assure your success with this award. If you have questions about the program guidelines, please call Shelia Anderson at 804/786-9469 or e-mail her at ~lle I ia.,Anders_on((i)gj cs. Vi!:gi.!l ia.gov. Sincerely, l~~(O. ~-rL Leonard G. Cooke !Ii' \.} ,: cc: A. M. Jacocks, Chief of Police Ms. Patricia A. Phillips, Finance Director Ms. Shelia Anderson, DCJS Criminal Justice Service Board' Committee on Training. Advisory Committee on Juvenile Justice AdVISory Committee to Court Appointed Special Advocate and Children's Justice Act Programs Private Security Services Advisory Board. Criminal Justice Information Systems Committee $ 25,000 $250,000 $ 12,000 $287,000 Law Enforcement Terrorism Prevention Program Grant (Detail of items to be acquired) Upgrades to computer forensics software and hardware Forward looking infrared system (night vision) replacement for existing helicopter (2) Underwater delivery vehicles and protective apparel for dive team Total 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $26,058 2 FROM THE VIRGINIA DEPARTMENT OF CRIMINAL 3 JUSTICE SERVICES TO THE FY 2007-08 OPERATING 4 BUDGET OF THE COMMONWEALTH'S ATTORNEY'S 5 OFFICE TO SUPPORT THE VICTIM WITNESS PROGRAM 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 That $26,058 is hereby accepted from the Virginia Department of Criminal 9 Justice Services and appropriated to the FY 2007-08 Operating Budget of the 10 Commonwealth's Attorney's Office to provide support to the Victim Witness Program, with 11 revenue from the commonwealth reflected accordingly. 12 13 Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th day. 14 of Sept€lmber 2007. Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY BcvVt)C\. Management Services ~~er CA 10489 R-2 August 31, 2007 COMMONWEALTH of VIRGINIA Leonard G. Cooke Directot Department of Criminal Justice Services June 29, 2007._ Mr. James K. Spore City Manager City of Virginia Beach 2401 Courthouse Drive Virginia Beach, VA 23456 202 N. Ninth Street Richmond, Virginia 23219 (804) 786-4000 FAX (804) 371-8981 TDD (804) 386-8732 ,!f,'! V ,-: '_ 2007 Victim Witness Program Dear Mr. Spore: I am pleased to advise you that grant number 08.N8560VG07 for the above-referenced grant program has been approved in the amount of $260,585 in State General Funds. Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions. To indicate your acceptance of the award and conditions, please sign the award acceptance and return it to Janice Waddy, Grants Administrator, at the Department of Criminal Justice Services (DCJS). Please review the conditions carefully; as some require action on your part before we will disburse grant funds. Also, enclosed are the Post Award Instructions and ReportinQ Requirements. Please refer to and read this information carefully as it contains details on processing financial and progress reports, as well as requesting awarded funds and amending budgets. Remember all financial and progress reports, budget amendment requests and request for funds must be processed through our Grants Management Online Information System (GMIS). We appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your project's success. If you have any questions, please call Karen Thomas at (804) 225-3456. Yours very truly, ~ L~~~. Leonard G. Cooke Enclosures cc: Ms. Beth Taylor Byrum, Dir., V/VV Prog. Ms. Patricia A. Phillips, Finance Director Ms. Karen Thomas, DCJS Criminal Justice Service Board. Committee on Training. Advisory Committee on Juvenile Justice Advisory Committee to Court Appointed Special Advocale and Children's Justice Act Programs Private Security Services Advisory Board' Criminal Justice Information Systems Committee - 21 - Item V-L.1. PLANNING ITEM #56835 1. VIRGINIA BEACH SCHOOL BOARD STREET CLOSURES Parks Avenue between 24th and 25th Streets 25th Street between Parks and Cypress Alleys within Block 126 Alleys within Block 135 2. CHARLENE WIMBISH VARIANCE 3. JOANNE S. FERRELL and EDITH JOHANNA SMITH CONDITIONAL CHANGE OF ZONING 4. HOFFMAN BEVERAGE CO., INC. CONDITIONAL USE PERMIT 5. PPB, L.L.c. CONDITIONAL USE PERMIT September 11, 2007 - 22- Item V-K. PLANNING ITEM #56836 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items la/b/c/d, 2 (WITHDRAWN), 3 (DEFERRED INDEFINITELY), and 4 of the Planning by Consent Agenda. Item K2. (CHARLENE WIMBISH) will be WITHDRAWN, BY CONSENT. Item K3. (JOANNE S. FERRELL and EDITH JOHANNA SMITH) will be DEFERRED INDEFINITELY, BY CONSENT. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndor! Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin September 11, 2007 - 23 - Item V-K.l PLANNING ITEM #56837 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinances upon application of the VIRGINIA BEACH SCHOOL BOARD re the Virginia Beach Middle School project for closing, vacating and discontinuing portions of Parks Avenue between 24th and 25th Streets, 25t Street between Parks and Cypress Avenues, Alleys within Block 126 and Alleys within Block 135: Ordinance upon application of Virginia Beach City Public Schools for the discontinuance, closure and abandonment of a portion of that certain street known as "PARKS AVENUE" and shown as "Parks Avenue (60'- foot right-of-way) (Paper Street) (Map Book 7, Page 101) and also shown as "Portion of Parks Avenue to be closed area = 24,000 square feet or 0.551 Acres" on that certain plat entitled "EXHIBIT 'B' showing a portion of Parks Avenue to be closed (Map Book 7, Page 101) Virginia Beach, Virginia, January 30, 2007 ". DISTRICT 6 - BEACH Ordinance upon application of Virginia Beach City Public Schools for the discontinuance, closure and abandonment of that certain street known as 25th Street as shown on that certain plat entitled "EXHIBIT' 'A' showing a portion of 25TH Street to be closed (MB. 7, Page 101) Virginia Beach, Virginia, January 30, 2007". DISTRICT 6 - BEACH Ordinance upon application of Virginia Beach City Public Schools for the discontinuance, closure and abandonment of those certain alleys known as public alleys of Block 126 as shown on that certain plat entitled "EXHIBIT 'D' showing public alleys of Block 126 to be closed (Map Book 5, Page 103) Virginia Beach, Virginia, January 30, 2007". DISTRICT 6 - BEACH Ordinance upon application of Virginia Beach City Public Schools for the discontinuance, closure and abandonment of certain unimproved alleys known as public alleys of Block 135, as shown on that certain plat entitled "EXHIBIT 'C' showing public alleys of Block 135 to be closed (Map Book 7, Page 101) Virginia Beach, Virginia, January 30, 2007". DISTRICT 6 - BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlyingfee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of THE City's Interest in Streets Pursuant to Street Closures, " approved by City Council. [Copies of said policy are available in the Planning Department.} No purchase price shall be charged in these street closures, however, because the City is the owner of the underlyingfees and the School Board of the City of Virginia Beach is the applicant seeking these street closures. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approvedfor recordation prior to final street closure approval. September 11, 2007 - 24- Item V-K.l PLANNING ITEM #56837 (Continued) 3. The applicant shall verify that no private utilities exist within the rights-ofway proposedfor closure. Preliminary comments from the utility companies indicate that there are no private utilities within the rights-ofway proposed for closure. 1f private utilities do exist, easements satisfactory to the utility company must be provided 4. Closure of the rights-ofway shall be contingent upon compliance with the above stated conditions within 365 days (September 28,2007) of approval by City Council.1fthe conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-ofway, these approvals shall be considered null and void. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin September 11, 2007 1 2 IN THE MATTER OF CLOSING, VACATING AND 3 DISCONTINUING A PORTION OF THAT CERTAIN 4 STREET KNOWN AS "PARKS AVENUE" AND 5 SHOWN AS "PARKS AVENUE (60' R/W) (PAPER 6 STREET) (M.B. 7, PG. 101) AND ALSO SHOWN AS 7 "PORTION OF PARKS AVENUE TO BE CLOSED 8 AREA = 24,000 SF OR 0.551 ACRES" ON THAT 9 CERTAIN PLAT ENTITLED "EXHIBIT 'B' SHOWING 10 A PORTION OF PARKS AVENUE TO BE CLOSED 11 (M.B. 7, PG. 101) VIRGINIA BEACH, VIRGINIA 12 JANUARY 30,2007" 13 14 WHEREAS, the School Board of the City of Virginia Beach applied to the 15 Council of the City of Virginia Beach, Virginia, to have the hereinafter described street 16 discontinued, closed, and vacated; and 17 18 WHEREAS, it is the judgment of the Council that said street be 19 discontinued, closed, and vacated, subject to certain conditions having been met on or 20 before one (1) year from City Council's adoption of this Ordinance; 21 22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 23 Virginia Beach, Virginia: 24 25 SECTION I 26 27 That the hereinafter described street be discontinued, closed and vacated, 28 subject to certain conditions being met on or before one (1) year from City Council's 29 adoption of this ordinance: 30 31 All that certain piece or parcel of land situate, lying and being 32 in the City of Virginia Beach, Virginia, designated and 33 described as "PARKS AVENUE (60' R/W) (PAPER 34 STREET) (M.B. 7, PG. 101)" and also shown as "PORTION 35 OF PARKS AVENUE TO BE CLOSED AREA = 24,000 SF 36 OR 0.551 ACRES" shown as the hatched area on that 37 certain plat entitled: "EXHIBIT 'B' SHOWING A PORTION 38 OF PARKS AVENUE TO BE CLOSED (M.B. 7, PG. 101) 39 VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007" Scale: 40 1"= 50', prepared by MSA, P. C., a copy of which is attached 41 hereto as Exhibit A. 42 43 GPIN: 2417-89-3186,2417-88-1818 1 44 SECTION II 45 46 The following conditions must be met on or before one (1) year from City 47 Council's adoption of this ordinance: 48 49 1. The City Attorney's Office will make the final determination regarding 50 ownership of the underlying fee. The purchase price to be paid to the City is normally 51 determined according to the "Policy Regarding Purchase of City's Interest in Streets 52 Pursuant to Street Closures," approved by City Council. [Copies of said policy are 53 available in the Planning Department.] No purchase price shall be charged in this 54 street closure, however, because the City is the owner of the underlying fee and the 55 School Board of the City of Virginia Beach is the applicant seeking this street closure. 56 57 2. The applicant shall resubdivide the property and vacate internal lot 58 lines to incorporate the closed area into the adjoining parcels. The resubdivision plat 59 shall be submitted and approved for recordation prior to final street closure approval. 60 61 3. The applicant shall verify that no private utilities exist within the right-of- 62 way proposed for closure. Preliminary comments from the utility companies indicate 63 that there are no private utilities within the right-of-way proposed for closure. If private 64 utilities do exist, the applicant shall provide easements satisfactory to the utility 65 companies. 66 67 4. Closure of the right-of-way shall be contingent upon compliance with 68 the above stated conditions within one (1) year of approval by City Council. If all 69 conditions noted above are not in compliance and the final plat is not approved within 70 one (1) year of the City Council vote to close the street, this approval will be considered 71 null and void. 72 73 SECTION III 74 75 1 . If the preceding conditions are not fulfilled on or before September 76 10, 2008, this Ordinance will be deemed null and void without further action by the City 77 Council. 78 79 2. If all conditions are met on or before September 10, 2008, the date 80 of final closure is the date the street closure ordinance is recorded by the City Attorney. 81 82 3. In the event the City of Virginia Beach has any interest in the 83 underlying fee, the City Manager or his designee is authorized to execute whatever 84 documents, if any, that may be requested to convey such interest, provided said 85 documents are approved by the City Attorney's Office. 86 2 87 SECTION IV 88 89 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 90 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 91 OF VIRGINIA BEACH as "Grantor" and the SCHOOL BOARD OF THE CITY OF 92 VIRGINIA BEACH as "Grantee." 93 94 Adopted by the Council of the City of Virginia Beach, Virginia, on this 95 11 th day of September, 2007. 96 CA-1 0285 V:lapplications\cityJawprod\cycom32\ WpdocslD025\POO2\OOO35877 .DOC R-3 August 23, 2007 -- -----' APPROVED AS TO LEGAL SUFFICIENCY: iii {f /11-, 9 whr Jh/7/J City Attorney 3 25th Sll?EET (110' R/W) (M.B. 7, Pc. 101) J!j '" ~o IE'" 0<' 84J;? ~a:: 4J{;J '" <' C ;~,., 801 !:~S J..:.::EO ,., ~/:!!~ ;Sf! - ~~ !f N 3479275.18 E 12218142.72 CITY OF VIRGINIA BEACH 2417-89-3186 (M.B. 7, PG. 101) [2] DENOTES PORTION OF PARKS AVENUE TO BE CLOSED AREA=24,OOO SF OR 0.551 ACRES CITY OF VIRGINIA BEACH 2417-88-1818 (D.B. 495, PG. 445) (M.B. 36, PG. 40) 5.00' S 13'53'53" E 78.59' S 76'06'07" W 24th Sll?EET (50' R/W) (FORMERL Y 0 STREET) (M.8. 29- Pc. 75) 24th Sll?EET (80' R/W) (M.B. 7, Pc. 101) . MSA~ P.c. Landscape ArchitectUlre . Planning SUlrveying . Engineering Environmental Sciences 5033 ROUSE DRIVE, VIRG1N1A BEACH, VA 23462-3708 PHONE (757) 490-9264 . FAX (757) 490-0634 . JOB# 04005 ZONED: R5S PLAT RECORDED IN (MB 7, PG 101) DATE: 01 30 07 SCALE: 1"-50' DWN BY: JCA EX/tt6IT A 1 2 3 4 5 6 IN THE MATTER OF CLOSING, VACATING AND 7 DISCONTINUING A PORTION OF THAT CERTAIN 8 STREET KNOWN AS 25TH STREET AS SHOWN ON 9 THAT CERTAIN PLAT ENTITLED "EXHIBIT 'A' 10 SHOWING A PORTION OF 25TH STREET TO BE 11 CLOSED (M.B. 7, PG. 101) VIRGINIA BEACH, 12 VIRGINIA JANUARY 30,2007" 13 14 WHEREAS, the School Board of the City of Virginia Beach applied to the 15 Council of the City of Virginia Beach, Virginia, to have the hereinafter described street 16 discontinued, closed, and vacated; and 17 18 WHEREAS, it is the judgment of the Council that said street be 19 discontinued, closed, and vacated, subject to certain conditions having been met on or 20 before one (1) year from City Council's adoption of this Ordinance; 21 22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 23 Virginia Beach, Virginia: 24 25 SECTION I 26 27 That the hereinafter described street be discontinued, closed and vacated, 28 subject to certain conditions being met on or before one (1) year from City Council's 29 adoption of this ordinance: 30 31 All that certain piece or parcel of land situate, lying and being 32 in the City of Virginia Beach, Virginia, designated and 33 described as "PORTION OF 25TH STREET TO BE CLOSED 34 AREA = 30,543 SF OR 0.701 ACRES" shown as the 35 hatched area on that certain ~Iat entitled: "EXHIBIT 'A' 36 SHOWING A PORTION OF 25 H STREET TO BE CLOSED 37 (M.B. 7, PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY 38 30,2007" Scale: 1"= 50', prepared by MSA, P. C., a copy of 39 which is attached hereto as Exhibit A. 40 41 42 GPIN: 2417-89-3186 1 43 SECTION II 44 45 The following conditions must be met on or before one (1) year from City 46 Council's adoption of this ordinance: 47 48 1. The City Attorney's Office will make the final determination regarding 49 ownership of the underlying fee. The purchase price to be paid to the City is normally 50 determined according to the "Policy Regarding Purchase of City's Interest in Streets 51 Pursuant to Street Closures," approved by City Council. [Copies of said policy are 52 available in the Planning Department.] No purchase price shall be charged in this 53 street closure, however, because the City is the owner of the underlying fee and the 54 School Board of the City of Virginia Beach is the applicant seeking this street closure 55 and has used the property for school purposes for over fifty (50) years. 56 57 2. The applicant shall resubdivide the property and vacate internal lot 58 lines to incorporate the closed area into the adjoining parcels. The resubdivision plat 59 shall be submitted and approved for recordation prior to final street closure approval. 60 61 3. The applicant shall verify that no private utilities exist within the right-of- 62 way proposed for closure. Preliminary comments from the utility companies indicate 63 that there are no private utilities within the right-of-way proposed for closure. If private 64 utilities do exist, the applicant shall provide easements satisfactory to the utility 65 companies. 66 67 4. Closure of the right-of-way shall be contingent upon compliance with 68 the above stated conditions within one (1) year of approval by City Council. If all 69 conditions noted above are not in compliance and the final plat is not approved within 70 one (1) year of the City Council vote to close the street, this approval will be considered 71 null and void. 72 73 SECTION III 74 75 1 . If the preceding conditions are not fulfilled on or before September 76 10, 2008, this Ordinance will be deemed null and void without further action by the City 77 Council. 78 79 2. If all conditions are met on or before September 10, 2008, the date 80 of final closure is the date the street closure ordinance is recorded by the City Attorney. 81 82 3. In the event the City of Virginia Beach has any interest in the 83 underlying fee, the City Manager or his designee is authorized to execute whatever 84 documents, if any, that may be requested to convey such interest, provided said 85 documents are approved by the City Attorney's Office. 86 2 87 SECTION IV 88 89 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 90 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 91 OF VIRGINIA BEACH as "Grantor" and the SCHOOL BOARD OF THE CITY OF 92 VIRGINIA BEACH as "Grantee." 93 94 Adopted by the Council of the City of Virginia Beach, Virginia, on this 95 11 th day of September ,2007. 96 97 98 CA-10286 V:\applications\citylawprod\cycom32\ WpdocsID025\POO2\OOO35874.DOC R-3 August 23, 2007 ,," APPROVED AS TO LEGAL SUFFICIENCY: 1Jit{Jlv(jtUhtJi~ City Attorney 3 , '- - BRADLEY E AlARHN 2417-89-1#1 ~ (0.8. 2555. Pc. 1149 JERRY F AlcOONNELL " (1.I.8.7.Pr;. 101 2417-89-0595 . (0.8. 2308, Pc. 32) EXHIBIT . A' SHOWING A PORTION OF 25TH STREET TO BE CLOSED (M.B. 7, PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007 CYPRESS A VENUE 00 R/W) (FORMERL Y CASPIAN ~ '([NUt) - (MB 7, PG. to!) CITY OF l1'RG'lNIA BEACH 2417-89-4595 (1.1.8. 7, Pr;. (01)- CHARLES SHEPPARD BURTON 2417-89-3572 - -(INST. /2tJ04120601i08i7) (N.8. 7, Pr;. IOf) .JOE A NOVAK 2417-89-2590 (0.8. 361, pr;. 561)- (N.8. 7, Pr;. (01) .JOE A NOVAK 2417-89-254,] 2417-89-=i:(28 (0.8. 425. Pc. 274) (N.8. 7, Pr;. (01) EILEEN E CALL/FANT 2417-89-;,(84 (0.8. 85. pr;, "22i8) (1.1.8. 7, pr;, 101) . JOB# 04005 - ZONED: R5S FH~ CYPRESS A VENUE (60' R/W) (VACATED BY CITY COUNCIL SEPT. 9, t963) N 3479395.28 E 12218628.08 ~ -::> 'VlRCIfWA S SYs7C, iA Tl:: p 4#, SOU 'LANe Cn.--_ 1983/199Jt ZONiv;(DINA, Tl:: O'fA,RN) AD ~ AlH -~ 0 :!: CITY OF l1'RG'NIA BEACH 2417-89-3186 (N.8. 7, Pc. 101) . at; o. co oP lOCO .... VI ~~ ~~ ......q:, kJ to..,.' ~Cti tt)~ ;S ~ ~ DENOTES PORTION OF 25TH STREET TO BE CLOSED AREA=30,543 SF OR 0.701 ACRES N 3479275.18 E 12218142.72 PARKS A VENUE (60' R/W) (PAPER STREET) DATE: 01 30 07 SCALE: 1" 50' DWN BY: JCA PLAT RECORDED IN (MB 7, PG 101) t=X.ltuoIT A 1 2 3 4 5 6 IN THE MATTER OF CLOSING, VACATING AND 7 DISCONTINUING THOSE CERTAIN ALLEYS 8 KNOWN AS PUBLIC ALLEYS OF BLOCK 126 AS 9 SHOWN ON THAT CERTAIN PLAT ENTITLED 10 "EXHIBIT '0' SHOWING PUBLIC ALLEYS OF 11 BLOCK 126 TO BE CLOSED (M.B. 5, PG. 103) 12 VIRGINIA BEACH, VIRGINIA JANUARY 30,2007" 13 14 WHEREAS, the School Board of the City of Virginia Beach applied to the 15 Council of the City of Virginia Beach, Virginia, to have the hereinafter described alleys 16 discontinued, closed, and vacated; and 17 18 WHEREAS, it is the judgment of the Council that said alleys be 19 discontinued, closed, and vacated, subject to certain conditions having been met on or 20 before one (1) year from City Council's adoption of this Ordinance; 21 22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 23 Virginia Beach, Virginia: 24 25 SECTION I 26 27 That the hereinafter described alleys be discontinued, closed and vacated, 28 subject to certain conditions being met on or before one (1) year from City Council's 29 adoption ofthis ordinance: 30 31 All that certain piece or parcel of land situate, lying and being 32 in the City of Virginia Beach, Virginia, designated and 33 described as "PORTION OF PUBLIC ALLEYS TO BE 34 CLOSED AREA = 17,600 SF OR 0.404 ACRES" shown as 35 the hatched area on that certain plat entitled: "EXHIBIT '0' 36 SHOWING PUBLIC ALLEYS OF BLOCK 126 TO BE 37 CLOSED (M.B. 5, PG. 103) VIRGINIA BEACH, VIRGINIA 38 JANUARY 30,2007" Scale: 1"= 60', prepared by MSA, P. C., 39 a copy of which is attached hereto as Exhibit A. 40 41 42 43 GPIN: 2417-99-1321,2417-89-7221 1 44 SECTION II 45 46 The following conditions must be met on or before one (1) year from City 47 Council's adoption of this ordinance: 48 49 1. The City Attorney's Office will make the final determination regarding 50 ownership of the underlying fee. The purchase price to be paid to the City is normally 51 determined according to the "Policy Regarding Purchase of City's Interest in Streets 52 Pursuant to Street Closures," approved by City Council. [Copies of said policy are 53 available in the Planning Department.] No purchase price shall be charged in this 54 street closure, however, because the School Board of the City of Virginia Beach is the 55 owner of the underlying fee, the applicant seeking this street closure, and has used the 56 property for school purposes for over fifty (50) years. 57 58 2. The applicant shall resubdivide the property and vacate internal lot 59 lines to incorporate the closed area into the adjoining parcels. The resubdivision plat 60 shall be submitted and approved for recordation prior to final street closure approval. 61 62 3. The applicant shall verify that no private utilities exist within the right-of- 63 way proposed for closure. Preliminary comments from the utility companies indicate 64 that there are no private utilities within the right-of-way proposed for closure. If private 65 utilities do exist, the applicant shall provide easements satisfactory to the utility 66 companies. 67 68 4. Closure of the right-of-way shall be contingent upon compliance with 69 the above stated conditions within one (1) year of approval by City Council. If all 70 conditions noted above are not in compliance and the final plat is not approved within 71 one (1) year of the City Council vote to close the street, this approval will be considered 72 null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 77 10, 2008, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 10, 2008, the date 81 of final closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the 84 underlying fee, the City Manager or his designee is authorized to execute whatever 85 documents, if any, that may be requested to convey such interest, provided said 86 documents are approved by the City Attorney's Office. 87 2 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 91 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 92 OF VIRGINIA BEACH as "Grantor" and the SCHOOL BOARD OF THE CITY OF 93 VIRGINIA BEACH as "Grantee." 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this 96 11 thday of ~j:>ph:~mhj:>r , 2007. 97 CA-10287 V: lapplicationslcityla wprodlcycom3 21 W pdocsID025IP00210003 5872.DOC R-2 August 14,2007 APPROVED AS TO LEGAL SU7}lt!;.NCY: City Attor~:t fjj"J(pJ 3 ,",~1 ~~. MEOllFRRANEAN A VENlIE (60' R/W) (MB. 6; Pc. (03) S 13'53'53" E S 13'53'53" E 190.00' 190.00' ~"~1 ~ Q:: N 3479529.79 E 12219171.69 20.00' S 13'53'53" E :;: w r-.' 00 iDC! p~ tO~ I"- Z CITY OF VIRGINIA BEACH GPIN #2417-99-1321 (M.B. 5, PG. 103) CITY OF VIRGINIA BEACH GPIN #2417-99-1321 (M.B. 5, PG. 103) . . I"- 00 O. .to ~p ~tO l"- V> ... ~~ "'~ ~, ,,'=i k1~ ~ "" ~~ tJ)~ ~~ ~ t'4 ... ~~ ~~ "'~ kt~ ~ "" I'::~ tI)~ ~~ ..... ~ CITY OF VIRGINIA BEACH GPIN #2417-99-1321 (M.B. 5, PG. 103) CITY OF VIRGINIA BEACH GPIN #2417-99-1321 (M.B. 5, PG. 103) w r-.' .08 pg tON I"- Z :;: ~ DENOTES PORTION OF D.J PUBLIC ALLEYS TO BE CLOSED AREA=17,600 SF OR 0.404 ACRES . . I"- 00 o. ~;g NtO l"- V> w :;: j..... .08 ~ci to~ I"- Z CITY OF VIRGINIA BEACH GPIN #2417-99-1321 (M.B. 5, PG. 103) . j.... 00 o. o~ N. ~ to l"- V> CITY OF VIRGINIA BEACH GPIN #2417-99-1321 (M.B. 5, PG. 103) N 3479409.69 E 12218686.32 20.00' N 13'53'53" W 190.00' N 13'53'53" W CYPRESS A VENlIE (60' R/W) (FORMERL Y CASPIAN A VENUE) (VACAtED BY CITY COUNCIL SEPT. 9. 19(3) (MB. 116; Pc. 52) ,",~1 ~\\" ~~~1 190.00' N 13'53'53" W CITY OF VIRGINIA BEACH GPIN #2417-89-7221 (M.B. 115, PG. 52) EXHIBIT 'D' SHOWING PUBUC ALLEYS OF BLOCK 126 TO BE CLOSED (M.B. 5, PG. 103) VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007 VIRGINIA S'rs.,f,T,q Tt PL M, SOU ANt C 1983/199]', ZONf~RDINA Tt IHARN) AD . MSA, P.C. Landscape Architecture, Planning Surveying. Engineering Envimomental Sciences 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708 PHONE (757) 490-9264 . FAX (757) 490-0634 . JOB# 04005 ZONED: R5S DWN BY: JCA PLAT RECORDED IN (MB 5, PG 103) DA TE: 01-30-07 SCALE: 1"=60' EXHI6fr A 1 2 3 4 5 6 IN THE MATTER OF CLOSING, VACATING AND 7 DISCONTINUING THOSE CERTAIN UNIMPROVED 8 ALLEYS KNOWN AS PUBLIC ALLEYS OF BLOCK 9 135 AS SHOWN ON THAT CERTAIN PLAT 10 ENTITLED "EXHIBIT 'C' SHOWING PUBLIC ALLEYS 11 OF BLOCK 135 TO BE CLOSED (M.B. 7, PG. 101) 12 VIRGINIA BEACH, VIRGINIA JANUARY 30,2007" 13 14 WHEREAS, the School Board of the City of Virginia Beach applied to the 15 Council of the City of Virginia Beach, Virginia, to have the hereinafter described alleys 16 discontinued, closed, and vacated; and 17 18 WHEREAS, it is the judgment of the Council that said alleys be 19 discontinued, closed, and vacated, subject to certain conditions having been met on or 20 before one (1) year from City Council's adoption of this Ordinance; 21 22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 23 Virginia Beach, Virginia: 24 25 SECTION I 26 27 That the hereinafter described alleys be discontinued, closed and vacated, 28 subject to certain conditions being met on or before one (1) year from City Council's 29 adoption of this ordinance: 30 31 All that certain piece or parcel of land situate, lying and being 32 in the City of Virginia Beach, Virginia, designated and 33 described as "PORTION OF PUBLIC ALLEYS TO BE 34 CLOSED AREA = 7,650 SF OR 0.176 ACRES" shown as 35 the hatched area on that certain plat entitled: "EXHIBIT 'c' 36 SHOWING PUBLIC ALLEYS OF BLOCK 135 TO BE 37 CLOSED (M.B. 7, PG. 101) VIRGINIA BEACH, VIRGINIA 38 JANUARY 30,2007" Scale: 1"= 60', prepared by MSA, P. C., 39 a copy of which is attached hereto as Exhibit A. 40 41 42 43 GPIN: 2417-89-3186 1 44 SECTION II 45 46 The following conditions must be met on or before one (1) year from City 47 Council's adoption of this ordinance: 48 49 1. The City Attorney's Office will make the final determination regarding 50 ownership of the underlying fee. The purchase price to be paid to the City is normally 51 determined according to the "Policy Regarding Purchase of City's Interest in Streets 52 Pursuant to Street Closures," approved by City Council. [Copies of said policy are 53 available in the Planning Department.] No purchase price shall be charged in this 54 street closure, however, because the City is the owner of the underlying fee and the 55 School Board of the City of Virginia Beach is the applicant seeking this street closure 56 and has used the property for school purposes for over fifty (50) years. 57 58 2. The applicant shall resubdivide the property and vacate internal lot 59 lines to incorporate the closed area into the adjoining parcels. The resubdivision plat 60 shall be submitted and approved for recordation prior to final street closure approval. 61 62 3. The applicant shall verify that no private utilities exist within the right-of- 63 way proposed for closure. Preliminary comments from the utility companies indicate 64 that there are no private utilities within the right-of-way proposed for closure. If private 65 utilities do exist, the applicant shall provide easements satisfactory to the utility 66 companies. 67 68 4. Closure of the right-of-way shall be contingent upon compliance with 69 the above stated conditions within one (1) year of approval by City Council. If all 70 conditions noted above are not in compliance and the final plat is not approved within 71 one (1) year of the City Council vote to close the street, this approval will be considered 72 null and void. 73 74 SECTION III 75 76 1 . If the preceding conditions are not fulfilled on or before September 77 11, 2008, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 11, 2008, the date 81 of final closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the 84 underlying fee, the City Manager or his designee is authorized to execute whatever 85 documents, if any, that may be requested to convey such interest, provided said 86 documents are approved by the City Attorney's Office. 87 2 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 91 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 92 OF VIRGINIA BEACH as "Grantor" and the SCHOOL BOARD OF THE CITY OF 93 VIRGINIA BEACH as "Grantee." 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this 96 ! ! TH day of September , 2007. 97 CA-10179 V:\applications\citylawprod\cycom32\ Wpdocs\D025\POO2\OOO35843.DOC R-3 August 23, 2007 .---7 APPROVED AS TO LEGAL SUFFICIENCY: IJliU/v tj tutk/-t~ City Attorney 3 CYPRESS A VENUE (60' R/W) frORMERL Y CASPIAN A VENUE) (VACA/EO BY CITY COUNCIL SEPT. 9, 1963) S 13'53'53" E (M.B. 115, Pc. 52) 400.00' CITY OF VIRGINIA BEACH GPIN #2417-89-7221 (M.B. 115, PG. 52) N 3479395.28 E 12218628.08 ;;: w CITY OF VIRGINIA BEACH GPIN #2417-89-3186 (M.B. 7, PG. 101) '08 a_ .'" ~p ~'" I'- en j-..- 00 - 0 '" . oll'l , N "'~ I'- Z E~f+"bJ T A ~ ~ b~ ~~ .....&: k.i ~'" ~Q:5 <I)~ ~ ~ ~ ~ ~ 10.00' S 76'06'07" W 10.00' N 76'06'07" E .. ~~ .....1:::) ~" .....~ ttl ~~ ~Q:i <I)~ ~ :S ~ CITY OF VIRGINIA BEACH GPIN #2417-89-3186 (M.B. 7, PG. 101) CITY OF VIRGINIA BEACH GPIN #2417-89-3186 (M.B. 7, PG. 101) ;;: w j-..- .08 sg:g ieI') z . Ot; o _ ~sg 1')", I'- en ~ DENOTES PORTION OF D..J PUBLIC ALLEYS TO BE CLOSED AREA=7,650 SF OR 0.176 ACRES 10.00' N 13'53'53" W N 3479275.18 E 12218142.72 ~ 'S 195.00' N 13'53'53" W 195.00' N 13'53'53" W PARKS AVENUE (60' R/W) (PAPER STREET) (M.B. ;; Pc. 101) EXHIBIT 'c' SHOWING PUBUC ALLEYS OF BLOCK 135 TO BE CLOSED (M.B. 7, PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007 I1RGINI,4, S'rsrf,r,4, 7t PL M, SOU ,4,Nt C 198J/199:',. ZON2~RDIN,4, 7t IH,4,RN) AD . . MSA~ P.C. Lan.dscape Architecture. Planning Smveying . Engineering Environmental Sciences 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708 PHONE (757) 490-9264 . FAX (757) +90-0634 JOS# 04005 ZONED: R5S PLA T RECORDED IN (MS 7. PG 101) DATE: 01-30-07 SCALE: 1"=60' DWN SY: JCA - 25 - Item V-K.2. PLANNING ITEM #56838 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ALLOWED WITHDRAWAL re Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for CHARLENE WIMBISH at 5614 and 5616 Paca Lane: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Charlene Wimbish. Property is located at 5614 and 5616 Paca Lane (GPINs 1468307856; 1468306983). DISTRICT 2 - KEMPSVILLE Since the Planning Commission hearing on this request, a plat showing the minimum lot width requirement of seventy-five (75) feet was approved by the Development Services Center of the Department of Planning. As a result, this Subdivision Variance is not necessary, and the applicant requests withdrawal of the application. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin September 11, 2007 - 26- Item V-K.3. PLANNING ITEM #56839 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY Ordinance upon application of JOANNE S. FERRELL and EDITH JOHANNA SMITH for a Conditional Chanf!e of Zoninf! District Classification: ORDINANCE UPON APPLICATION OF JOANNE S. FERRELL & EDITH JOHANNA SMITH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D TO CONDITIONAL B-2 Ordinance upon application of Joanne S. Ferrell & Edith Johanna Smith for a Change of Zoning District Classification from R-5D Residential District to Conditional B-2 Community Business District on property located at 213 and 217 Louisa Avenue (GPINs 2407856101; 2407856107). DISTRICT 6 - BEACH Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin September 11, 2007 - 27- Item V-K4. PLANNING ITEM #56840 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of HOFFMAN BEVERAGE CO., INC., for a Conditional Use Permit re automotive repair: ORDINANCE UPON APPLICATION OF HOFFMAN BEVERAGE Co., INC. FOR A CONDITIONAL USE PERMIT FOR AUTOMOTIVE REPAIR R090734236 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Hoffman Beverage Co., Inc. for a Conditional Use Permit for automotive repair on property located at 5464 Greenwich Road (GPIN 1467347278). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. The motor vehicle repair operation shall not be open to the general public. 2. There shall be no tires for sale, merchandise or parts displayed or stored outside the building. 3. All vehicle repairs shall take place inside the building. 4. There shall be no outside storage of equipment, parts or materials. 5. No outside storage of vehicles in a state of obvious disrepair shall be permitted If vehicles in this condition require storage, then such vehicles shall be stored within the building. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of September Two Thousand Seven Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin September 11, 2007 - 28- Item V-K5 PLANNING ITEM #56841 Attorney R. E. Bourdon, Phone: 499-8971, represented the applicant and advised the applicant is willing to work with the City re beach ownership and dedicate easements. The City Attorney advised Cape Henry Beach, which the staff believes IS a public beach, recognizes property owners have deeded lots across the Beach. The City is in the process of trying to establish public recreation easements continuously across the Cape Henry Beach, with the hope THT in the future THERE CAN BE sand replenishment at that location WITH the City's continued maintenance of the Beach. Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of PPB, L.L.C.,jor a Conditional Use Permit re multifamily dwellings: ORDINANCE UPON APPLICATION OF PPB, L.L.c. FOR A CONDITIONAL USE PERMIT FOR MULTI-FAMILY DWELLINGS R090734237 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of PPB, L.L.c. for a Conditional Use Permit for multifamily dwellings on property located at 3228 Page Avenue and 2300-2308 Poseidon Court (GPINs 1489899756; 1489990756). DISTRICT 5 -LYNNHAVEN The following conditions shall be required: 1. The development of the site shall substantially conform to the submitted "Conditional Use Permit Exhibit" entitled "Poseidon Beach Condominium", dated May 30, 2007, and prepared by Gallup Surveyors and Engineers, LTD, exceptfor the following items: a. The proposed sixfoot wide walkway on the west side of the site shall continue along the side of proposed Unit 1 to the parking area b. The twelve guest parking spaces shall be constructed with pavers or other appropriate material designed to reduce impervious cover on the site c. Proposed landscaping on the site shall comply with the Shore Drive Corridor Plan Appendices Landscaping Guidelines 2. The proposed buildings shall be constructed substantially in accordance with the submitted elevations entitled "Poseidon Beach ", pages 4 and 5, dated April 23, 2007, and prepared by JRML Associates, Inc. Said elevations have been exhibited to the City Council and are on file in the Planning Department. The building colors are limited to earth tone palettes; building trim should complement the color of the main body. 3. The applicant volunteers to make a donation to the City's Tree Restoration - Shore Drive Area Trust Fund in the amount of $5, 000 to offset the loss of live oak (Quercus Virginia) trees on the property to be developed. The applicant volunteers such donation in addition to an offer to transplant live oak tree seedlings on the property and the applicant's plans, which indicate the planting offourteen (14) live oak trees on the property. September 11, 2007 - 29- Item V-K.5 PLANNING ITEM #56841 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of September Two Thousand Seven Voting: 9-1 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: John E. Uhrin September 11, 2007 - 30 - Item V-No ADJOURNMENT ITEM # 56842 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:49 P.M. ~~_L2_,__~Jv Beverly 0. 'Hooks, CMC Chief Deputy City Clerk --------------------------------- Meyera E. Oberndorf Mayor City of Virginia Beach Virginia September 11, 2007