The URL can be used to link to this page

Home My WebLink AboutOCTOBER 23, 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 I BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN Rose Hall- District 3 JOHN E. UHRIN, Beach Districl 6 RON A. VILLANUEVA, AI-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CI7Y A7TORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 23 OCTOBER 2007 I. CITY MANAGER'S BRIEFINGS - Conference Room- A. STRATEGIC GROWTH AREAS Steve Herbert, Chief Development Officer B. UPCOMING LAND USE ITEMS Jack Whitney, Director of Planning II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRiVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 2 :30 P 4:30 PM V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend James M. Pugh, Jr. Pastor, Rugged Cross Cowboy 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 I. INFORMAL and FORMAL SESSIONS October 9,2007 G. AGENDA FOR FORMAL SESSION H. PUBLIC BID OPENING 1. L YNNHA VEN MUNICIPAL MARINA - Lease for Operation I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND and REORDAIN ~16-54 of the City Code re membership of the Workforce Housing Advisory Board 2. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property, for THOMAS Q. BAKKE, to allow installation and maintenance of a picket fence at 4609 Holly Road DISTRICT 6 - BEACH 3. Ordinance to ESTABLISH a Relocation Specialist II position in the Department of Economic Development to encourage transition of non-conforming uses to compatible uses to facilitate the Ocean a and Interfacility Traffic Area Conformity and Acquisition (BRAC) 4. Resolution REQUESTING the City's local General Assembly Delegation to work with Norfolk's Delegation to support legislation re prohibition of smoking in restaurants 5. Resolution to AUTHORIZE an application by the School Board to the Literary Fund of Virginia re a construction loan of$7,500,000 for the new Virginia Beach Middle School 6. Resolution to AUTHORIZE and DIRECT the City Manager to execute a Special Order by Consent with the Department of Environmental Quality (DEQ) re civil charges of $5,500 for improper hazardous waste disposal issues at the Landstown Yard 7. Resolution to ENDORSE Dune Encroachment recommendations formulated by the Beaches and Waterways Advisory Commission and DIRECT the City Manager to effectuate the appropriate action K. PLANNING 1. Applications re Modification of Conditions a. INTERNATIONAL CHRISTIAN CHURCH to construct a gymnasium at 2969 Holland Road (approved on May 12, 1992, April 11, 1995 and June 10, 1997) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL b. JOHN D. and RAND I VOGEL re a seasonal display relocation at 2388-2400 London Bridge Road (approved October 11,2006) DISTRICT 7 - PRINCESS ANNE STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROV AL TO EXPIRE 7/30/08 2. Applications re Conditional Use Permits a. J. D. VALLEY, L.L.C. re motor vehicle sales and rental at 6119 Indian River Road DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL b. DOROTHY JACOBSON re an alternative residential development at Pefley Lane and Munden Point Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL c. THE HERTZ CORPORATION re bulk storage of construction equipment at 716 S. Military Highway DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL d. VERNELL DREUITT re a church at 3692 South Plaza Trail, Suites 1 and 4 DISTRICT - 3 ROSE HALL RECOMMENDATION APPROV AL e. VIRGINIA BEACH RESORT, LLC re a hotel/motel with additional lodging and dwelling units and outdoor recreation for personal watercraft service at 2816 Shore Drive. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPRO V AL 3. Applications re Chanze ofZoninz District Classification a. NICK WILLIAM WRIGHT, JR. from AG-2 Agricultural to Conditional R-7.5 Residential at Nimmo Parkway and Townfield Lane DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL b. AGC ACQUISITION, L.L.c. from AG-2 Agricultural District to Conditional B-4 Mixed Use District re a retail building and 99 multi-family dwellings at 1291 Nimmo Parkway (deferred indefinitely on August 14,2007) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL c. CORAL DEVELOPMENT LLC DISTRICT 7 - PRINCESS ANNE 1) Variance to ~5B of the Site Plan Ordinance, Floodplain Regulations, to allow fill within the floodplain re a roadway and ditch piping 2) from AG-2 Agricultural to Conditional R-15 Residential with a PD-H2 Planned Unit Overlay at 1628, Sandbridge Road and 2741, 2753 and 2797 Atwood Road RECOMMENDA nON DEFER TO 11/13/07 4. Application of JOSEPH W. FREEMAN JR. for discontinuance, closure and abandonment of a portion of Grimstead Lane at Back Bay Landing Road to incorporate this area into the surrounding property and restrict access DISTRICT 7 - PRINCESS ANNE RECOMMENDA nON APPROVAL L. APPOINTMENTS HISTORIC SITES ORGANIZING COMMITTEE OPEN SPACE ADVISORY COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITY COUNCIL'S JANUARY 2008 SCHEDULE January 8, 2008 Briefing, Informal, Formal, Planning, Open Dialogue January 15,2008 Location to be Announced -7:15 pm SwrmwarerPwnsandFunmng January 22, 2006 Briefing, Informal, Formal, Planning, ********* 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 1O/23/07s1 www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 23, 2007 Mayor Oberndorf called to order the CITY MANAGER'S BRIEFING re STRATEGIC GROWTH AREAS in the City Council Conference Room, City Hall, on Tuesday, October 23, 2007, at 2:30 P.M Council Members Present: William R. "Bill" DeSteph, 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 L. Wood Council Members Absent: Harry E. Diezel [Entered: 3:00 P.M) Ron A. Villanueva [Out of City on business) October 23, 2007 - 2 - CITY MANAGER'S BRIEFING STRATEGIC GROWTH AREAS 2:30 P.M. ITEM # 56947 Charles Meyer, Chief Operating Officer, introduced Steve Herbert, Chief Development Officer, who presented iriformation re implementation of the Strategic Growth areas. Chief Herbert advised the Strategic Growth Areas (SGAs) are twelve (J 2) distinct geographic areas established in the 2003 Comprehensive Plan, designed to absorb most of the City's future growth - largely through new development. These SGA 's integrate a diverse mix of attractive, compact but compatible land uses: office, retail, industrial, hotel and residential. They afford greater use of transit. Emerging New Roles . Greater emphasis on residential component! workforce housing Healthier marketfor mixed use projects Strategic to implementation of BRAC/JLUS goals especially in accident potential zones . . T~e Com ,re~ensive "an 's 6rolt~ ~trate" 1. Northampton Blvd. 2. 1-64 South Area 3. Newtown Area 4. Pembroke Area 5. North Rosemont Area 6. North London Bridge Rd. Area 7. Hilltop/North Oceana 8. East Oceana Area 9. West Oceana Area 10. South Oceana Area 11 West Holland Area P Princess Anne Commons Area Macro Considerations . AICUZ Impacts Transportation Corridors Existing Development Infrastructure (age, location, capacity) . . . October 23, 2007 - 3 - CITY MANA GER'S BRIEFING STRATEGIC GROWTH AREAS ITEM # 56947 (Continued) Planning/Implementation Process · Coordinated with Comprehensive Plan Update · Interdepartmental approach · Public "Listening" and participation · Establish Strategic Growth Areas (SGAs) "Team" with specific focus · Develop schedule and funding options Parallel Work · Comprehensive Plan · Green Ribbon Committee · Workforce Housing · Resort Area Strategic Master Plan · APZ Plans Products . SGA Master Plans Community Involvement Plan Design Guidelines - "Pattern Books" Zoning Maps and Overlay Districts Economic Development and Marketing Plan . . . . Organization SGA - Planning and Implementation Team CHIEF: Steve Herbert, Chief Development Officer LEAD - Jack Whitney, Director of Planning Core Team: · Planning · Economic Development · Housing · Convention and Visitors Bureau · Parks and Recreation · Public Works · Law · Management Services · Media Communications · Public Utilities PROCESS MANAGEMENT: · Planning · Convention and Visitor Bureau · Economic Development · Housing and Neighborhood Preservation · Contract Services October 23, 2007 - 4- CITY MANA GER'S BRIEFING STRATEGIC GROWTH AREAS ITEM # 56947 (Continued) Work Plan Goal: Complete detailed planning for 2-3 Strategic Growth Areas (SGAs) per year. Year One: · Establish SGA Team · Refine Schedule · Kick-Off Plans · Pembroke (Town Center) · Northampton (Burton Station) · Resort Area · Prioritize and Schedule Year 2 PARALLEL · Comprehensive Plan (will extend into Year 2) · APZ Planning · Workforce Housing Plan · Green Ribbon Committee Funding Considerations · Optimize Use of In-House Resources · Establish Annual Services Contractfor Consulting Services (as in Resort Area Master Plan) - Adds Capacity - Provides for specialized services not available in-house Next Steps · Start-up Resort Area Master Plan - November 07 · Council Agrees to start Burton Station and Town Center Master Plans · Three Year schedule of SGAs to be reviewed by City Council (December-January Timeframe) · Budgetfor Contractor Support in Budget Cycle Mr. Herbert advised the boundaries of the Strategic Growth Areas will be revisited and discussions are just commencing. Council Lady Henley expressed concern re the properties encompassed within the Strategic Growth Areas as currently existing in the Comprehensive Plan and the APZ-1 zones relative Oceana Gardens. Mayor Oberndorf referenced the first Public Meeting, re the Master Planning Process for the APZ-1, Convention Center on October 18, 2007, 7:00 P.M - 9:00 P.M This meeting entailed a larger attendance than the October 16,2007, Town Meeting re "City Budget, Community Choices", Tom Pauls, Comprehensive Planner, advised a follow-up meeting re the APZ-1 is scheduled for Thursday, November 8,2007, 7:00 P.M to 9:00 P.M, Convention Center. October 23, 2007 - 5 - CITY MANA GER'S BRIEFING STRATEGIC GROWTH AREAS ITEM # 56947 (Continued) Mr. Herbert referenced correspondence to consultants who were interviewed for the Resort Area Strategic Action Plan. The proposal submitted by SASAKI ASSOCIA TES was selected as the best proposal. Said information is hereby made a part of the record. Council Lady McClanan expressed concern re charettes. Mr. Herbert advised a charette exists in the contract to solicit community comment on some of the Resort Area development issues. Councilman DeSteph expressed concern re the lack of utilizing a Virginia Beach company. Relative the contract, there were nineteen (J 9) bidders, with nine (9) finalists. All of the finalists, including Sasaki, teamed with local companies, so there are a number of local companies teamed with Sasaki. Mr. Herbert advised re the budget for contractor support in the Budget Cycle, will be requested for the "out years". Council Lady Henley expressed concern re utilizing the category B-4 as the tool for achieving mixed use, particularly if addressing Injill Development around the City. The City might wish to develop a new zoning category. Mr. Herbert concurred. Councilman DeSteph requested information re costs and return on investment. Vice Mayor Jones believes the Burton Station Strategic Growth Area is essential. October 23, 2007 - 6 - CITY MANAGER'S BRIEFING UPCOMING LAND USE ITEMS 3:20 P.M. ITEM # 56948 Jack Whitney, Director of Planning, provided information in advance of upcoming land use cases for the month of November that may be controversial or particularly significant. These Briefings will allow any City Council Member to request additional information, ask questions and visit the site earlier in the process, well prior to the item appearing on the City Council's Agenda November 13,2007 J.D. WILLIAMS Change of Zoning from R-15 Residential to A G-2 Agriculture 2672 Highland Drive / DISTRICT 1 - CENTER VILLE Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (consent agenda) There was no opposition RekvantInformation Applicant requests rezoning to allow increase in height from 35 feet (maximum in R-15) to 41.5feet (maximum inAG-2 is 42feet). Councilman Dyer referenced concern of builders re the City's height limitation of thirty-five (35) feet. Councilman Dyer had been informed of the differentiation between Virginia Beach and the other cities where the height is calculatedfrom the foundation up, but in Virginia Beach, it is calculatedfrom the low part of the ground up. Mr. Whitney advised this primarily involves infill situations, as opposed to new developments of ten units or more. This concern is being reviewed with the Tidewater Builders and others qfJected in order to determine the method in which height is measured to be fair to surrounding property owners. The infilllot sizes on the Bayfront, versus those in the North end of the Beach, are different. A report shall be provided to City Council. NEW GENERATION WORSHIP CENTER Pastor Toney Saunders, Conditional Use Permit - Church 6200 Pardue Court / DISTRICT 2 - KEMPSVILLE Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval There was opposition (traffic concern) RekvantI~ormation Church has been in the buildingfor almost two years. They discovered they needed a Use Permit during an annual inspection by the Fire Marshall. Mr. Whitney advised this particular church has a very small congregation with very modest growth visions. October 23, 2007 - 7 - CITY MANAGER'S BRIEFING UPCOMING LAND USE ITEMS ITEM # 56948 (Continued) November 13, 2007 (Continued) TROY SCOGGIN Floodplain Variance and Change of Zoning from R-20 to 0-1 Office - 2310 Princess Anne Road / DISTRICT 7 - PRINCESS ANNE Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (consent agenda) There was no opposition RekvantI~ormation Applicant desires to use the existing building for an office. Site will be improved to meet City standards while still ensuring minimal to no impact on the floodplain. CITY OF VIRGINIA BEACH Ordinance amending Sections 111 and 205 of the City Zoning Ordinance defining "Major Recreational Equipment" and restricting the locations on which such equipment may be stored. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval There was no opposition RekvantInformation The proposed amendment does the following: Adds "utility trailer" to the definition of equipment to which the rules apply, and Clarifies where such recreational equipment can be stored when the home is L-shaped and when the home is on a corner lot or a through-lot. November 27, 2007 THE SA VIN COMPANY, L.L.C. Conditional Use Permit for a car wash 820 South Military Highway / DISTRICT 1 - CENTERVILLE October 23, 2007 - 8 - CITY MANA GER'S BRIEFING UPCOMING LAND USE ITEMS ITEM # 56948 (Continued) Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (consent agenda) There was no opposition JEB TROLLEY Conditional Use Permitfor a Bingo Hall 2644 Barrett Street / DISTRICT 6 - BEACH Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval There was opposition from operators of other Bingo Halls Navy reviewed and had no objection. BEACH INVESTMENT CORPORATION Street Closure North side of Aqua Lane, approximately 100 feet East of South Atlantic Avenue / DISTRICT 6 - BEACH Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (consent agenda) There was no opposition NEW CINGULAR WIRELESS Conditional Use Permt for a communications tower 1052 Cardinal Road/ DISTRICT 5 -LYNNHAVEN Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval There was no opposition Mr. Whitney advised recommendations re cell towers will be provided within the forty-five day (45) deferral of Cingular Wireless - Charity Neck Road/ District 7 - Princess Anne, on October 9, 2007. This application will entail an antenna located within the pole structure, itself, a "Slick Stick". The staff recommended approval as this application was so different from the others and accomplishes the expectations of the Planning Stafffor other areas of the City. October 23, 2007 - 9 - CITY MANA GER'S BRIEFING UPCOMING LAND USE ITEMS ITEM # 56948 (Continued) SOUTHEAST MARINE GROUP, INC. Modification of conditions and Floodplain Variance 2272 Old Pungo Ferry Road / DISTRICT 7 - PRINCESS ANNE Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval There was opposition (addressed through additional conditions on Use Permit) RekvantInformation Applicant proposes to redevelop the site for dry storage of boats and trailers (92,307 square foot), a restaurant, and a pool/recreational area for boaters. A sewage pump-out will be installed. The parking areas on the site will be paved and landscaped, and a storm water management facility will be installed. Concern was expressed re the facility being an unattractive giant butler type building along a spectacular scenic waterway. Mr. Whitney will advise the applicant of City Council's aesthetic concern. Information shall also be provided re cost of built-in fire protection. The applicant will, as there is no Municipal water supply, have to retain a stationary supply with elevated tanks. October 23, 2007 - 10 - CITY COUNCIL COMMENTS 3:58 P.M. ITEM # 56949 Mayor Oberndorf congratulated and expressed her appreciation to Council Lady Henley. The Old Creeds Library is being utilized to create the Senior Resource Center serving Southern Virginia Beach. This space has been empty since the new library was built. Utilities are currently being provided as Police still maintain offices in this facility. Volunteers have renovated and provided appliances for a kitchen area. The space has been decorated with historical artifacts. Mayor Oberndorf attended the Open House on Saturday, October 20, 2007, from 10:00 A.M to 2:00 P.M The turn-out was phenomenal. The school nurses administered flu shots for interested participants. Mayor Oberndorf commended Dr. Terry Jankins - Director, Human Services, and her staff for all their assistance and attendance. Council Lady Henley advised one of the challenges in serving a rural community is many individuals are struggling with issues associated with aging i.e. maintaining homes, accessing health care, et cetera. Several months ago, Council Lady Henley learned of an innovative program in Back Bay Boston, Massachusetts, concerning the development of a program entitled: "Beacon Hill Village Concept. ' This model was purchased. Over one hundred sixty (160) individuals signed the Open House guest book. However, there were many more in attendance, who did not sign the book. The Senior Resource Center is now open six (6) days a week, 9:00 A,M - 5:00 P.M, staffed by Volunteers. ITEM # 56950 Mayor Oberndorf advised, after the Senior Service Center, the Fish Fry was held at Ruritan facility. Later in the afternoon, Mayor Oberndorf had the good fortune to honor Mr. and Mrs. William Davis celebrating their sixtieth Wedding Anniversary at Oak Grove Baptist Church. ITEM # 56951 Councilman Wood referenced the City Manager's correspondence of October 19, 2007, from the City Manager re adding the Virginia Retirement System Community to the City's Legislative Agenda Addition. A Briefing shall be provided during the City Council Session of November 6, 2007, providing information relative the cost. Senators Stolle and Purkey are both willing to patron: Other Post Employment Benefits: Allow Virginia Retirement System (VRS) to administer the OPEB Trust for Localities Current: The 2007 General Assembly adopted SB789 which allows localities, school divisions and certain political subdivisions to establish local trusts to fund post employment benefits other than pensions (OPEB). The original bill included a local option of having VRS provide the local trust for localities, but this provision was stricken upon final passage. VRS was amendable to taking on this task. It is still a good idea for VRS to take on this role so that the trusts can be professionally managed. Recommendation: Amend the Code of Virginia by adding in Chapter 15 of Title 15.2 an article numbered 8, consisting of ~~ 15.2-1544 through 15.2-1549 to include the establishment and management of a pooled OPEB trustfundfor localities by VRS. October 23, 2007 - 11 - CITY COUNCIL COMMENTS ITEM # 56951 (Continued) The City Attorney advised the Virginia Retirement System (VRS) already has a staff, which could manage invested funds and other fiduciary responsibilities. Patricia Phillips, Director of Finance, and the City Attorney will provide information. It does appear on the surface, if this concept were handled by VRS, it would be less expensive. ITEM # 56952 Council Lady Wilson advised one of the citizens has suggested the volunteer hours on Boards and Commissions should also be counted and those hours added to the total Volunteer Resource hours. ITEM # 56953 Council Lady Wilson advised The Lynnhaven House is having "Oysters, Ale and Brunswick Stew", honoring Virginia Beach City Council for its commitment to Historic Preservation and also the unselfish dedication of the Veterans on November 11, 2007. ITEM # 56954 Mayor Oberndorf referenced the Blessing of the Animals occurred at the Adam Thoroughgood House. on October 6,2007, from NOON to 4:00 P.M Two (2) of the Police Officers attended with their horses. One child even had a little "rat ". All of the animals were well behaved. ITEM # 56955 Mayor Oberndorf referenced Kellam High School sponsors competitions at the Virginia Beach Sportsplex between the local High School Bands, as well as bands out of the area. Mayor Oberndorf distributed copies of the program. The citizens are utilizing the Sportsplex with great enthusiasm and acting as gracious hosts. ITEM # 56956 The City Attorney referenced Associate City Attorney Mark Stiles provided information October 9, 2007, re an ordinance revising the noise regulations in the City. The City has had a Noise Ordinance since the early 1980 'so The City Attorney referenced the news article concerning this ordinance. The City Council did not bring the noise ordinance forward, the City Attorney did. The Courts have informed the City Council it is unenforceable. However, the noise ordinance is not unconstitutional. As the City Attorney cannot tell the police officers not to enforce this law, it must be corrected. A DRAFT was distributed. Comments have been received from City Council. Unless directed otherwise, the City Attorney's office will continue to study this matter. The City Attorney advised noise is viewed in many different ways by the varying localities: Agricultural, Resort Area, Suburban and Urban communities. The Virginia Beach Police require guidelines re enforcement concerning noise. Public Meetings will be conducted. Council Lady McClanan expressed concern re a possible double standard and stated she does not intend to support a policy that would allow the issuing of special event permits at the Resort Area by the City Manager versus the private business. The City Attorney advised all special use permit activities must cease at 11 :00 P.M This was addressed in the proposed DRAFT of the noise ordinance October 23, 2007 - 12 - CITY COUNCIL COMMENTS ITEM # 56957 Councilman DeSteph advised that Friday evening, October 19, 2007, be spent several hours with the Fourth Precinct riding around some of the neighborhoods and viewing the various activities as the football games were ending. The Community Resource Officers and Police Officers are very attuned to the situations and providing due attention to the problems. Councilman DeSteph was impressed to see many of the citizen complaints resolved. A few of the citizens had referenced the need to have street sweepers in that area. ITEM # 56958 Councilman Dyer advised he attended the Charlestown Woods. Civic League Meeting, Monday, October 15, 2007 at Tallwood High School. There were over one hundred (J 00) citizens in attendance with concerns re crime involving Woods Corner Area, Centerville and Kempsville Road (gang, drug activity and police response time). Councilman Dyer forwarded a list of citizens concerns to the Police Chief and City Council. Councilman Dyer invited the citizens to attend the 2nd Community Forum on Gangs and Gang Activity, November 7, 2007, 7:00 to 9:00 P.M., Ballroom - Convention Center. Mayor Oberndorf referenced a meeting she attended re gangs, at Level Green Church. A gentleman in her area is discussing with businesses and citizens in the Fourth Precinct concerns re crime and gangs. The gentleman advised working from federal grants and utilizing ex-gangsters to assist in identifying the gang members. ITEM # 56959 Council Members Dyer and Wilson, Liaisons - Blue Ribbon Tax, Fee and Spending Task Force, will be generating a Report. Information will be provided during City Council's Retreat of November 3 and November 4, 2007. ITEM # 56960 Reporter Richard Quinn introduced his boss, Marquita Smith, Virginia Beach City Editor - The Virginian-Pilot. October 23, 2007 - 13 - AGE N DA REV IE W S E S S ION 4:26 P.M. ITEM # 56961 BYCONSENSUS, thefollowing items shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND and REORDAIN 916-54 of the City Code re membership of the Workforce Housing Advisory Board 2. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property, for THOMAS Q. BAKKE, to allow installation and maintenance of a picket fence at 4609 Holly Road DISTRICT 6 - BEACH 3. Ordinance to ESTABLISH a Relocation Specialist II position in the Department of Economic Development to encourage transition of non-conforming uses to compatible uses to facilitate the Oceana and Interfacility Traffic Area Conformity and Acquisition (BRAC) 5. Resolution to AUTHORIZE an application by the School Board to the Literary Fund of Virginia re a construction loan of $7,500,000 for the new Virginia Beach Middle School 6. Resolution to AUTHORIZE and DIRECT the City Manager to execute a Special Order by Consent with the Department of Environmental Quality (DEQ) re civil charges of $5,500 for improper hazardous waste disposal issues at the Landstown Yard 7. Resolution to ENDORSE Dune Encroachment recommendations formulated by the Beaches and Waterways Advisory Commission and DIRECT the City Manager to effectuate the appropriate action Council Members DeSteph and McClanan shall vote a VERBAL NA Y on Item 3 (Relocation Specialist II) October 23, 2007 - 14- AGE N DA REV I E W S E S S ION ITEM # 56962 BY CONSENSUS, thefollowing shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Application re Modification of Conditions a. INTERNATIONAL CHRISTIAN CHURCH to construct a gymnasium at 2969 Holland Road (approved on May 12, 1992, April 11, 1995 and June 10, 1997) DISTRICT 7 - PRINCESS ANNE 2. Applications re Conditional Use Permits a. J. D. VALLEY, L.L.c. re motor vehicle sales and rental at 6119 Indian River Road DISTRICT 1 - CENTERVILLE b. DOROTHY JACOBSON re an alternative residential development at Pefley Lane and Munden Point Road. DISTRICT 7 - PRINCESS ANNE c. THE HERTZ CORPORATION re bulk storage of construction equipment at 716 S. Military Highway DISTRICT 2 - KEMPSVILLE d. VERNELL DREUITT re a church at 3692 South Plaza Trail, Suites 1 and 4 DISTRICT - 3 ROSE HALL e. VIRGINIA BEACH RESORT, LLC re a hotel/motel with additional lodging and dwelling units and outdoor recreation for personal watercraft service at 2816 Shore Drive. DISTRICT 5 - LYNNHA VEN 3. Applications re Change of Zoning District Classification a. NICK WILLIAM WRIGHT, JR. from AG-2 Agricultural to Conditional R-7.5 Residential at Nimmo Parkway and Townfleld Lane DISTRICT 7 - PRINCESS ANNE b. AGC ACQUISITION, L.L.c. from AG-2 Agricultural District to Conditional B-4 Mixed Use District re a retail building and 99 multi-family dwellings at 1291 Nimmo Parkway (deferred indefinitely on August 14,2007) DISTRICT 7- PRINCESS ANNE c. CORAL DEVELOPMENT LLC DISTRICT 7 - PRINCESS ANNE 1) Variance to J5B of the Site Plan Ordinance, Floodplain Regulations, to allow fill within the floodplain re a roadway and ditch piping 2) from AG-2 Agricultural to Conditional R-15 Residential with a PD-H2 Planned Unit Overlay at 1628, Sandbridge Road and 2741,2753 and 2797 Atwood Road October 23, 2007 - 15 - AGE N DA REV IE W S E S S ION ITEM # 56962 (Contnued) 4. Application of JOSEPH W. FREEMAN JR. for discontinuance. closure and abandonment of a portion of Grimstead Lane at Back Bay Landing Road to incorporate this area into the surrounding property and restrict access DISTRICT 7 - PRINCESS ANNE Item K.2. a. (J.D. VALLEY, INC.) shall be shall be DEFERRED INDEFINITELY, BY CONSENT Item K.2.d. (VERNELL DREUITT) shall be ADOPTED, AS AMENDED, with the Conditional Use Permit being for five (5) years. Item K3. b. (AGC ACQUISITION, L.L.C.) shall be DEFERRED INDEFINITELY, BY CONSENT Item K.3.c. (CORAL DEVELOPMENT LLC) shall be DEFERRED INDEFINITELY, BY CONSENT October 23, 2007 - 16- ITEM # 56963 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)(1) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies 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 City Property: Beach District 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). Forbes Candies, Inc., et al v. City of Virginia Beach, et al) Public Beach Ownership Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION (5:15 P.M.). October 23, 2007 - 17 - ITEM # 56963 (Continued) 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva (Break: 5:15 P.M. - 5:27 P.M.) (Closed Session: 5:27 P.M. - 5:47 P.M.) (Dinner: 5:47 P.M. - 6:00 P.M.) October 23, 2007 - 18 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 23, 2007 6:10 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, October 23, 2007, at 6: 10 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 [Out of City on business) INVOCATION: Reverend James M Pugh Pastor, Rugged Cross Cowboy 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. October 23, 2007 - 19 - 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 October 23, 2007 - 20- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 56964 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as 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 John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva October 23, 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 #56963, Page 16, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 22-3712 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 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. R Hodges Fraser, MMC City Clerk October 23, 2007 - 21 - Item V-F.1. MINUTES ITEM # 56965 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of October 9,2007. 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 John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva October 23,2007 - 22- Item V-G 1. ADOPT AGENDA FOR FORMAL SESSION ITEM 56966 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION October 23, 2007 - 23 - Item V-G 2. MAYOR'S PRESENTATION ITEM 56967 Mayor Oberndorf recognized the following Boy Scouts in attendance to fulfill requirements for their Communication and Citizenship in the Community merit badges: Cub Scout Pack 427 Grace Covenant Church Webelo's Den 1 Ian Weber Corey McManus Ethan Kersh Andrew Huizenga Ross Whitehead Bailey Honea Josh Turnquist Austin Stroud Scout Masters Craig McManus Paul Huizenga Mayor Oberndorf presented the Scouts with City Seal pins October 23, 2007 - 24- Item V-G. 1. PUBLIC BID OPENING ITEM 56968 Mayor Oberndorfread into the record: "Pursuant to Virginia Code Section 15.2-2101, the City advertisedfor bidsfor the lease of the Lynnhaven Municipal Marina. The City received bids on October 17, 2007. Three (3) bids were received. The names of each bidder and a brief summary of each bid is as follows: 1. Warner Athey, etas $31,000 annual rent plus various site improvements 2. Ann Nichols $40,000 annual rent, with annual rent escalation plus various site improvements 3. At Your Service Restaurant Group $25,000 annual rent Plus various on and off site improvements Are any further bids offered? Not hearing or seeing any others, I hereby declare the bidding closed. " The staff has advised me that the analysis and comparison of the bids will require additional time. Therefore, may I have a motion to DEFER INDEFINITELY action on the bids until the analysis is complete. " October 23, 2007 - 25 - Item V-G. 2. PUBLIC BID OPENING ITEM 56969 Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council DEFERRED INDEFINTELY: Action on the bids for the proposed lease of the Lynnhaven Municipal Marina until the analysis and comparison is complete 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 John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva October 23. 2007 - 26- Item v.J. RESOLUTION/ORDINANCES ITEM #56970 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Ordinances /Resolutions 1, 2, 3, 5, 6 and 7 of the CONSENT AGENDA 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 John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva Council Members DeSteph and McClanan voted a VERBAL NAY on Item J3. (Relocation Specialist II - Department of Economic Development) October 23, 2007 - 27- Item v,J.1. ORDINANCES/RESOLUTIONS ITEM #56971 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND and REORDAIN 916-54 of the City Code re membership of the Workforce Housing Advisory Board 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva October 23, 2007 1 AN ORDINANCE TO AMEND AND REORDAIN SECTION 2 16-54 OF THE CITY CODE, PERTAINING TO THE 3 MEMBERSHIP OF THE WORKFORCE HOUSING 4 ADVISORY BOARD 5 6 Section Amended: City Code Section 16-54 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 16-54 of the City Code is hereby amended and reordained to read 12 as follows 13 14 Sec. 16-54. Workforce housing advisory board established; membership; duties. 15 16 (a) Established. The Workforce Housing Advisory Board is hereby 17 established. 18 19 (b) Term. There shall be at least ten (10) members of the Board. who shall 20 be appointed by the City Council for terms of four (4) years; provided, however, that the 21 initial terms of two (2) members shall be one (1) year, the initial terms of three (3) 22 members shall be two (2) years, and the initial terms of three (3) members shall be 23 three (3) years. 24 25 (c) Membership. Two (2) members, both of whom shall have extensive 26 experience in practice in the City of Virginia Beach, shall be either land planners or civil 27 engineers or architects licensed by the Virginia Board for Architects, Professional 28 Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects; one 29 (1) member shall be a real estate salesperson or broker licensed by the Virginia Real 30 Estate Board; one (1) member shall be a representative of a lending institution that 31 finances residential development in the City of Virginia Beach; one (1) member shall be 32 a member of the City Council; one (1) member shall be a builder with extensive 33 experience in the construction of single-family detached and attached dwelling units; 34 one (1) member shall be builder with extensive experience in the construction of 35 multiple-family dwelling units; one (1) member shall be a current employee of the 36 Department of Public Works or Department of Planning; one (1) member shall be a 37 representative of a nonprofit housing organization which provides services in the City of 38 Virginia Beach; and ooe t+t the remainina member~ shall be a citizen~ of the City. 39 40 (d) Duties. It shall be the duty of the Board to: 41 42 (1) Make recommendations to the City Council concerning the sales and 43 rental prices of workforce housing units. Such prices shall be based on 44 the Area Median Income, as defined in Section 16-44, and shall be 45 adjusted semi-annually; 46 47 48 49 50 51 52 53 (2) (3) Advise the City Council on all aspects of the City's Workforce Housing Program, including recommendations for modifications of the requirements of the Program; and Report annually to the City Council on the production of workforce housing units, participation in the Workforce Housing Program, and achievement of Program goals. ADOPTED: October 23, 2007 - 28 - Item V.J.2. ORDINANCES/RESOLUTIONS ITEM #56972 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to A UTHORIZE a temporary encroachment into a portion of City property, for THOMAS Q. BAKKE, to allow installation and maintenance of a picket fence at 4609 Holly Road DISTRICT 6 - BEACH; subject to: The following conditions shall be required: J. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removedfrom the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnify and hold harmless 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 location or existence of the temporary encroachment. 4. 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 applicant. 5. The applicant shall construct the encroachment of maintenance free (vinyl) materials that will be no greater than 50% opaque and shall install Category J landscaping behind it and further agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant must submit and have approved a traffic control plan before commencing work. 7. The applicant must obtain a permit from the Office of Planning prior to commencing any construction and prior to issuance of a right-of-way/utility easement permit, the applicant must post a bond in the amount of two times his engineer's cost estimate to the Planning Department to guard against damage to City property or facilities during construction. 8. The applicant must obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional insured or loss payee, as applicable. The applicant agrees to carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000) combined single limits of such insurance policy or policies. The applicant 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 applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the temporary encroachment. October 23, 2007 - 29- Item V.J.2. ORDINANCES/RESOLUTIONS ITEM #56972 (Continued) 9. Applicant must submit for review and approval a survey of the encroachment area, certified by a registered professional engineer or licensed land survey, and/or "as built" plans sealed by same if required to do so. 10. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were occupied by the applicant; and if such removal shall not be made within the time ordered herein above, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva October 23, 2007 1 Requested by Department of Public Works 2 3 4 AN ORDINANCE TO AUTHORIZE A 5 TEMPORARY ENCROACHMENT INTO A 6 PORTION OF CITY RIGHT OF WAY KNOWN 7 AS HOLLY ROAD FOR PROPERTY OWNER 8 THOMAS Q. BAKKE 9 10 11 WHEREAS, THOMAS Q. BAKKE desires to construct and maintain a 17.5 12 section of a 36' high picket fence, with posts no higher than 48', within the City's right of 13 way known as Holly Road adjacent to his property located at 4609 Holly Road, in the 14 City of Virginia Beach, Virginia. 15 WHEREAS, City Council is authorized pursuant to ~ 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's right of way subject to such terms and conditions as Council may prescribe. 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That pursuant to the authority and to the extent thereof contained in ~ 15.2-2009 21 and 15.2-2107, Code of Virginia, 1950, as amended, THOMAS Q. BAKKE, his heirs, 22 assigns and successors in title are authorized to construct and maintain a temporary 23 encroachment for a 17.5' section of a 36' high picket fence, with posts no higher than 48', 24 in a portion of the City's right of way as shown on the map marked Exhibit "A' and entitled: 25 "EXHIBIT FOR PROPOSED VARIANCES FOR LOT 106 AND%OF LOT 105 A MAP OF 26 THE HOLLIES ON THE ATLANTIC OCEAN VIRGINIA BEACH, VIRGINIA MAY 2,2007 27 SCALE: l' = 25 EXCLUSIVELY FOR THOMAS Q. BAKKE' a copy of which is on file in 28 the Department of Public Works and to which reference is made for a more particular 29 description; and 30 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 31 subject to those terms, conditions and criteria contained in the Agreement between the 32 City of Virginia Beach and THOMAS Q. BAKKE (the 'I\greement), which is attached 33 hereto and incorporated by reference; and 34 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 35 is hereby authorized to execute the Agreement; and 36 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 37 time as THOMAS Q. BAKKE and the City Manager or his authorized designee execute 38 the Agreement. 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day 40 of October, 2007. CA-10328 X:\OIDlREAL EST A TE\Encroachments\PW Ordinances\CA 10328 Bakke.doc V:\applications \citylawprod\cycom32\Wpdocs \DO 19\P002\00040493.DOC R-1 PREPARED: 08/28/07 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL MF'CLD:~ORM CI~TTORNEY ~fYfl({ C . ~iA)j~ P L1C WORKS, REAL ESTATE PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this q.t\\ day of AU(jU~;\ , 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THOMAS Q. BAKKE, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT ONE HUNDRED SIX (106) AND THE WESTERN ONE-HALF OF LOT ONE HUNDRED FIVE (105)" as shown on that certain plat entitled: "A MAP OF THE HOLLIES ON THE ATLANTIC OCEAN ADJOINING VIRGINIA BEACH PROPERTY OWNED BY COLLIN'S HEIRS" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 6, at page 107, and being further designated, known, and described as 4609 Holly Road, Virginia Beach, Virginia 23451-2549' (GPIN 2418-87-2513); WHEREAS, it is proposed by the Grantee to construct and maintain a 17.5' section of a 36" high picket fence, with posts no higher than 48", the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Holly Road, the "Encroachment Area"; and GPIN - (CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), 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. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordan ce with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "EXHIBIT FOR PROPOSED VARIANCES FOR LOT 106 AND Y2 OF LOT 105 A MAP OF THE HOLLIES ON THE ATLANTIC OCEAN VIRGINIA BEACH, VIRGINIA MAY 2, 2007 SCALE: l' = 25' EXCLUSIVELY FOR THOMAS Q. BAKKE," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary 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 2 be removed from the Encroachment Area by th e Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, includ ing 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. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to construct the Temporary Encroachment of "maintenance free" (vinyl) materials that will be no greater than 50% opaque and shall install Category I landscaping behind the Temporary Encroachment. 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. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area.h 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Departme nt prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, the Grantee must post a bond or other security, in the amount of two times his engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance an d general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. 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. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 4 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 Ian d 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. IN WITNESS WHEREOF, THOMAS Q. BAKKE, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (Remainder of this page intentionally left blank) 5 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2007, by DESIGNEE OF THE CITY MANAGER. , CITY MANAGER/AUTHORIZED Notary Public Notary Registration Number: My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2007, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public Notary Registration Number: My Commission Expires: 6 -;t?# THOM!A.SfO. . KKE (SEAL) STATE OF VIRGINIA CITY/~OtXImY OF VIRGINIA BEACH , to-wit: The foregoing instrument was acknowledged before me this 9th day of August ,2007, by THOMAS Q. BAKKE. e My Commission Expires: August 31, 2010 Notary Registration No.: 192628 APPROVED AS TO CONTENTS (jaflhH: C I Ctt'wJ5A\. SIGNATURE fLU &A) f:'S1-z:k DEPARTMENT X:\Projects\Encroachments\Applicants\Bakke, Thomas Q. (fence) - Holly Rd -cbc\Encroachment Agreement.doc 7 REFERENCE MERIDIA.N Me. 6 Pc 107 MASo.NRY WALL ci 125' ,,?~ ~ -. CJ:>:- a~ )...It. <:0 01- a~ 00 )...t::. ~ 21.9' LOT 106 AND PART OF LOT 105 9,375 SQ. IT. 0.2152 ACRES 30.7' IN 1.7' 12.5' TWO. STORY BRICK &: FRAME #4609 K? PROPOSED 3')(6' LANDING -m. -0 '" "'_ 6.6' 50.4' PROPOSED FENCE ;..... '>>0. . .J'\~<"~ i c.,~o~ '}.::> o~ ~~c.,'\ . :17 '0. . 0 r>-O \~\t.Q ') ~ 9t.C \.... '< I)>;\S d..O'J \f'lf'.-{ p O~ l~\GY\\ ~~ - a It) REMAINDER o.F LOT 105 ~" 0) to '\'<''?- o'?-~t,] .. 'i'o~ '\ G a Q<J ~ ~,.. ~ .6' 1.7' .2' . ,...... ,J '9 )... IJ.J -J -J ~ ~ ~~. . to.. ,,' .... 9", . <g-. '," .... ... ." .... EXHIBIT FOR PROPOSED VARIANCES FOR LEGEND LOT 106 AND 1/2 OF LOT 105 A MAP o.F THE ~ EDGE OF PAVEMENT HOLLIES PROPERTY LINE ( It ) o.N THE ATLANTIC o.CEAN t::, UNDERGROUND UTILITY PEDESTAL VIRGINIA BEACH, VIRGINIA FENCE LINE MAY 2. 2007 SCALE; 1"=25' GRAPHIC SCALE IN FEET IPF IRON PIN FOUND EXCLUSIVEL Y Fo.R , I r::::::::::3 CONCRETE THOMAS O. BAKKE 0' 25' 50' -0 UTILITY PDLE SCALE: J" = 25' U R V E Y 0 R S L T D 5637 PROVIDENCE ROAD VIRGINIA BEACH. VA 23464 TEL.: (757) 963-5261 FAX: (757) 963-5262 PROJECT NO. 75672 EXHIBIT "A" DRAWING NO. 19712 ~ ~ o~ 'i~ .... ~ ~ ~ i.f[ .{ I. ..1:,. ~j \.,,:.. '." ~..!tl f }...~..:;t~: - u H ' ...~:..:., . .g . , ,-:, 1i " 1 C r:-. c.-:il==JJ::J ~ 0 .\j'=., .. p."ol . ,", ': .': ',:. ., ," \ ~ A- 1 ..- ~ ~ " f' "', ,~. g .", . . . '. . ", '..' ..' . . . . .~fj'~','.) . .;;~ . ,;;,.- , 't;>--':4 '. -::::,...:7 .. ....~ {., "~ -"'''-n . 'i~~ --;; !~'I'" . 1 . .} I \ t .' . . i 01 ~ .. li'i5 181 , <<\ .u :a o \1 ~~ i~ o '0 (,) j _ I) eX 'a :'S!~ '.J' .... . ~ :t:." 0., .: = If .~.~ ~;{. , ...A .'c:.. . . .' ~ .I( Cl ;i] -= c: IW .. .. ~ o o .IL J1 -51! ~ .. .... .'. .,' '1;/ ,." , . ~. .~... ., ?t;i.:. .' .1 <.I .:e (5 .1~ .3 ;d: y- r::~ttl~ ~! ~~ €------: ";' .---->-~~~; 0', . ",,"'-'--~'-- '1;>00 ~. u .~ :;I, . ~ c , ,~. Df""'IIon. '""~ - 30- Item v'J.3. ORDINANCES/RESOLUTIONS ITEM #56973 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to ESTABLISH a Relocation Specialist II position in the Department of Economic Development to encourage transition of non- conforming uses to compatible uses to facilitate the Oceana and lnterfacility Traffic Area Conformity and Acquisition (BRAC) Voting: 8-2 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph and Reba S. McClanan Council Members Absent: Ron A. Villanueva October 23, 2007 1 AN ORDINANCE TO ESTABLISH A RELOCATION 2 SPECIALIST II POSITION IN THE DEPARTMENT OF 3 ECONOMIC DEVELOPMENT WITH PERSONNEL AND 4 OPERATING COSTS TO BE FUNDED THROUGH 5 CAPITAL PROJECT #9-060, OCEANA & INTERFACILlTY 6 TRAFFIC AREA CONFORMITY & ACQUISITION 7 8 WHEREAS, in an effort to facilitate the replacement of non-conforming 9 commercial uses in the Accident Potential Zone 1 for implementation of the Oceana 10 Land Use Conformity Plan, it is necessary to establish a Relocation Specialist II position 11 in the Department of Economic Development to aid in implementing the Oceana Land 12 Use Conformity Plan; and 13 14 WHEREAS, the personnel and operating costs associated with the position, 15 estimated at $63,700 for a full-year, will be funded through capital project #9-060, 16 Oceana & Interfacility Traffic Area Conformity & Acquisition. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 1. That a Relocation Specialist II position is hereby established in the 22 Department of Economic Development. 23 24 2. That the personnel and operating costs of the position will be funded through 25 capital project #9-060, Oceana & Interfacility Traffic Area Conformity & Acquisition. 26 27 3. That the position will continue for the duration of the capital project. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day 30 of October ,2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~l;= City Attorney's 0 Jj CA 10520 R-1 October 10,2007 - 31 - Item V.J.4. ORDINANCES/RESOLUTIONS ITEM #56974 Thefollowing registered in SUPPORT: Patricia Backshaw, 3240 Lynnhaven Drive, Phone: 481-0030 represented the Virginia Beach Tobacco Free Coalition. A list of 546 smoke-free Virginia Beach restaurants is hereby made a part of the record. Peter Chou, 3240 Lynnhaven Drive, Phone: 481-0030, represented the Virginia Beach Tobacco Free Coalition Jessica Yon, 3240 Lynnhaven Drive, Phone; 481-9281, represented the Virginia Beach Tobacco Free Coalition Warner Athey, 2161 Vista Circle, Phone: 481-7866, advised protection should be providedfrom this poisonous gas (smoking) within restaurants. The following registered in OPPOSITION: Warren Estenson, 2073 Susan Lee Lane, small business owner of Papa's Pub on the corner of Shore Drive and Diamond Springs Road did not believe this Ordinance would stop individuals from smoking, only the location. The large restaurants will not be affected; however the small "mom and pop" operations will go out of business. 85% of his patrons smoke. Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council ADOPTED: Resolution REQUESTING the City's local General Assembly Delegation to work with Norfolk's Delegation to support legislation re prohibition of smoking in restaurants Voting: 7-3 (By Consent) Council Members Voting Aye: Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph, Harry E. Diezel and Reba S. McClanan Council Members Absent: Ron A. Villanueva October 23, 2007 Requested by Councilmember Wilson 1 A RESOLUTION REQUESTING THE CITY'S LOCAL 2 DELEGATION TO THE GENERAL ASSEMBLY TO 3 WORK WITH THE CITY OF NORFOLK'S 4 DELEGATION TO THE GENERAL ASSEMBLY TO 5 DRAFT OR SUPPORT LEGISLATION REGARDING 6 SMOKING IN RESTAURANTS 7 8 WHEREAS, the City Council traditionally adopts a Community Legislative 9 Agenda and requests member of the City's local Delegation to the General Assembly 10 sponsor and/or support legislation therein; and 11 12 WHEREAS, on October 9, 2007, City Council by resolution adopted the City's 13 2008 Community Legislative Agenda; and 14 15 WHEREAS, the City Council included in its 2008 Community Legislative Agenda 16 a request for legislation that either prohibits smoking in restaurants statewide or that 17 enables localities to prohibit smoking in restaurants by local ordinance; and 18 19 WHEREAS, the City of Virginia Beach borders the City of Norfolk, and members 20 of the City Council of the City of Norfolk have expressed a desire to work with the City of 21 Virginia Beach to concurrently enact a smoking prohibition in restaurants in their 22 respective cities, but enabling legislation from the General Assembly is required in order 23 for the City of Virginia Beach to enact such a ban; and 24 25 WHEREAS, a unified effort by both the City of Virginia Beach's and the City of 26 Norfolk's delegations to the General Assembly would increase the likelihood of 27 achieving both cities' common goal of prohibiting smoking in restaurants. 28 29 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 1. That the City's delegation to the General Assembly is hereby requested to 33 work with the City of Norfolk's delegation to the General Assembly to sponsor and/or 34 support legislation that either would prohibit smoking in restaurants statewide or that 35 would authorize both cities to prohibit smoking in restaurants through adoption of local 36 ordinances. 37 38 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 39 BEACH, VIRGINIA: 40 41 That the City Clerk is hereby directed to transmit a copy of this resolution to each 42 member of the City's local Delegation to the General Assembly and to the members of 43 the City Council of the City of Norfolk. 44 45 Adopted by the City Council of the City of Virginia Beach, Virginia, this ?~rn 46 day of October ,2007. APPROVED AS TO LEGAL SUFFICIENCY: Ci~ffi~ CA 10523 R-1 October 11 , 2007 - 32 - Item v'J.5. ORDINANCES/RESOLUTIONS ITEM #56975 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to AUTHORIZE an application by the School Board to the Literary Fund of Virginia re a construction loan of $7,500,000 for the new Virginia Beach Middle School 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva October 23, 2007 1 A RESOLUTION APPROVING AN APPLICATION OF 2 THE VIRGINIA BEACH SCHOOL BOARD TO THE 3 LITERARY FUND OF VIRGINIA FOR A SCHOOL 4 CONSTRUCTION LOAN IN THE AMOUNT OF 5 $7,500,000 6 7 WHEREAS, in the FY2001-2002 Capital Improvement Program, City Council 8 established Project No. 1-234 to provide for the replacement of Virginia Beach Middle 9 School; 10 11 WHEREAS, additional funding for this replacement were appropriated in the FY 12 2007 -2008 Capital Budget; 13 14 WHEREAS, Section 22.1-146 of the Code of Virginia authorizes the State Board 15 of Education to make loans from the Literary Fund to local school boards for the 16 purpose of erecting, altering, or enlarging school buildings; 17 18 WHEREAS, any indebtedness owed by the Virginia Beach School Board to the 19 Literary Fund is a valid and legally binding indebtedness of the City of Virginia Beach, 20 Virginia, pursuant to Section 22.1-161 of the Code of Virginia; 21 22 WHEREAS, Section 22.1-158 of the Code of Virginia requires that the City shall 23 include in its tax levies and appropriate to its school board funds sufficient to meet the 24 school board's debt service on any such loans; 25 26 WHEREAS, officials of the Virginia Beach School Board have prepared an 27 application addressed to the State Board of Education of Virginia for the purposes of 28 borrowing from the Literary Fund $7,500,000 to assist with the costs of replacing 29 Virginia Beach Middle School, to be paid in twenty (20) annual installments with the 30 interest thereon at 3 percent paid annually, which loan will be in lieu of an equivalent 31 amount of general obligation bonds previously authorized for the project; and 32 33 WHEREAS, City Council desires to support this request and believe it to be 34 appropriate. 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA; 38 39 1. That the application to the State Board of Education for a loan of 40 $7,500,000 from the Literary Fund to the Virginia Beach School Board is hereby 41 approved. 42 43 2. That the City Council include in its tax levies and appropriate to the 44 Virginia Beach School Board funds sufficient to meet the School Board's debt service 45 on this loan. 46 47 This resolution shall be in effect from the date of its adoption. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day 50 of October , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Qa&~ a~ Finance Department ~~ Is- City Attorney's Office CA10516 R-2 October 10, 2007 SCHOOL BOARD Daniel D. Edward. Chairman District 1 - Centerville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h) . 717-0259 (e) Rita Sweet Sellitlo Vlca Chairman At-Large P.O. Box 6448 VA Beach, VA 23456 418-0960 (e) Todd C. Davld.on AI.LNge 2424 Savannah Trail VA Beach, VA 23456 427-3330 (w) . 285-9409 (e) Emma L "Em" Davl. District 5 - Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911(h) Patricia G. Edmon.on District 6 - Beach 401-205 Harbour Point VA Beach, VA 23451 675-0137 (e) Edward F. FI..lnger, 8r. At-LNge 412 Becton Place VA Beach, VA 23452 486-4567 (h) Din R. Low. District 4 - Bayside 4617 Red Coat Road VA Beach, VA 23455 490-3681.(h) Lyndon S. Reml.. District 7 - Princess Anne 3225 Nansemond Loop VA Beach, VA 23456 630-6102 (e) Sandre SmIth.Jon.. District 2 - Kempsville 705 Rock Creek Court VA Beach, VA 23462 490-8167 (h) Mlchl.I W. Swart District 3 - Rose Hall 105 Br.nlwood Court VA Beach, VA 23452 498-4303 (h) .445-4637 (w) Carolyn D. W.In1. At-LNge 1420 Oaudia Drive VA Beach, VA 23455 464-6674 (h) SUPERINTENDENT Jamn G. Men1Il. Ed.D. 2512 George Mason Drive VA Beach, VA 23456 263-1007 +IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE RESOLUTION APPROVING APPLICATION FOR A LITERARY LOAN FOR VIRGINIA BEACH MIDDLE SCHOOL WHEREAS, the School Board of the City of Virginia Beach, Virginia and the City Council of the City of Virginia Beach, Virginia have determined that the School Board has an immediate need to implement certain school capital projects including the acquisition, renovation and construction and equipping of improvements to and new facilities for Virginia Beach Middle School for school purposes (collectively the "Project") and the School Board will make application to the Literary Fund of the Commonwealth of Virginia for a Literary Loan (the "Literary Loan") relating to the Project in the total aggregated amount of $7,500,000.00 or to other wise cooperate with the City to obtain 10ng-tenn financing of the Project; and WHEREAS, the School Board has embarked upon the construction of a new Virginia Beach Middle School and the renovation or replacement of related facilities to replace the aging existing building and facilities located at 600 25th Street, Virginia Beach, Virginia 23451; and WHEREAS, the $52,578,823.00 Project requires monies to pay for the needed construction project that the City must borrow long term; and WHEREAS, the Commonwealth's Literary Loan Fund is a source needed to assist the City in funding the $52,578,823.00 construction Project; and NOW THEREFORE, BE IT RESOL YED that the School Board hereby approves the submission ofa $7,500,000.00 application for Literary Loan Funds as part of the necessary funding for the Virginia Beach Middle School construction project and authorizes the Superintendent or his designee to take other actions as necessary to obtain the Literary Loan. FURTHER RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. ATTEST: Daniel D. Edwards"', Chairman ~'fJ-~ Dianne P. Alexander Clerk of the Board Il'l~ li~ ~'.. ~J-;. . School Administration Building · 2512 George Mason Drive . P.O. Box 603B . Virginia Beach, VA 23456-0038 - 33 - Item V.J.6. ORDINANCES/RESOLUTIONS ITEM #56976 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to AUTHORIZE and DIRECT the City Manager to execute a Special Order by Consent with the Department of Environmental Quality (DEQ) re civil charges of $5,500 for improper hazardous waste disposal issues at the Landstown Yard 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva October 23, 2007 1 A RESOLUTION AUTHORIZING AND 2 DIRECTING THE CITY MANAGER TO 3 EXECUTE A SPECIAL ORDER BY CONSENT 4 CONCERNING THE VIOLATIONS OF 5 CERTAIN REGULATIONS INVOLVING 6 HAZARDOUS WASTE 7 8 WHEREAS, the City of Virginia Beach owns and operates the Landstown 9 Yard ("Yard) located at 3556 Dam Neck Road in the City of Virginia Beach; 10 11 WHEREAS, the Yard is listed by the Environmental Protection Agency 12 ("EPA") as a small quantity generator of hazardous wastes, which wastes are generated 13 from traffic and street maintenance operations; 14 15 WHEREAS, the Department of Environmental Quality ("DEQ"), after an 16 inspection of the yard, on July 5, 2007 issued a Notice of Violation for certain violations 17 of record-keeping requirements regarding hazardous wastes; and 18 19 WHEREAS, the Virginia Waste Management Board determined that the 20 City had transported hazardous materials from the Southeastern Public Service 21 Authority ("SPSA") without a permit, failed to keep the required records of hazardous 22 waste movements and disposal, failed to place a battery in the correct container and 23 failed to label certain waste as hazardous; and 24 25 WHEREAS, City of Virginia Beach and the Virginia Waste Management 26 Board, through its representatives at the Department of Environmental Quality, desire to 27 enter into a Special Order by Consent ("Consent Order") to resolve these violations. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 30 CITY OF VIRGINIA BEACH, VIRGINIA: 31 32 That the Council authorizes and directs the City Manager or his designee 33 to execute the Consent Order on behalf of the City of Virginia Beach. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 36 23rd day of October ,2007. A[J;~~:S ~lr/l :;7NCY City Attorney's Office CA-1 0522 R-4 October 15, 2007 Purpose: Premises: Term: Special Order by Consent between City of Virginia Beach ("City") and Virginia Waste Management Board ("Board") SUMMARY OF TERMS To resolve the violations by the City of certain record-keeping hazardous waste regulations. Landstown Yard located at 3556 Dam Neck Road, Virginia Beach. The City will have 30 days from the date of the adoption of the Special Consent Order by the Board to fulfill the obligations listed below. Responsibilities of the City: · Pay a civil charge of $5,500, within 30 days of the execution of the Order. · Provide Department of Environmental Quality ("DEQ") with a corrective action plan to address the violations. · Implement the plan within 30 days of its approval by DEQ. - 34 - Item v'J. 7. ORDINANCES/RESOLUTIONS ITEM #56977 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to ENDORSE Dune Encroachment recommendations formulated by the Beaches and Waterways Advisory Commission and DIRECT the City Manager to effectuate the appropriate action 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva October 23, 2007 1 A RESOLUTION TO RECEIVE AND ENDORSE THE 2 BEACHES AND WATERWAYS ADVISORY 3 COMMISSION'S DUNE ENCROACHMENT 4 RECOMMENDATIONS AND TO DIRECT 5 APPROPRIATE ACTION BY THE CITY MANAGER 6 7 WHEREAS, the Beaches and Waterways Advisory Commission was charged 8 with preparing recommendations in regard to the City policies concerning public dune 9 encroachments; and 10 11 WHEREAS, the Commission researched the issues involved, received public 12 input and prepared comprehensive recommendations, which include recommendations 13 as to the physical characteristics of such dune encroachments and suggested City 14 Code revisions; and 15 16 WHEREAS, the Beaches and Waterways Advisory Commission on June 14, 17 2007 adopted the recommendations. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 1. That the recommendations listed below are hereby received and endorsed 23 by the City Council: 24 25 a. Dune encroachment applications shall be evaluated based on the 26 beach segments defined in the April 2002 Beach Management Plan, which will allow for 27 broader citizen input and concentration on neighborhood interests; 28 29 b. The policy of the community civic organizations, if one has been 30 expressed, shall be considered in the review of applications. All adjacent property 31 owners and the appropriate civic organization, if one is known, shall be notified of the 32 request for an encroachment into the public dune; 33 34 c. All structures must conform to the building code for structures 35 crossing dunes. All structures must comply with the International Building Codes 36 Coastal Construction requirements which require the structure to be designed and 37 construction certified by a licensed Virginia engineer; 38 39 d. All structures shall be limited to a maximum height above the 40 finished deck level of 36 inches for individual single-family homes or 42 inches for those 41 involving public accesses. This would eliminate any gazebo type structures or elevated 42 observation type platforms; 43 44 e. In order to minimize the environmental impacts such as sunlight 45 deprivation, wind scour, and erosion, the seaward edge of any approved encroaching 46 platform shall be located 15 feet landward of the crest of the public dune; 47 48 f. The seaward end of the structure may not encroach more than 5 49 feet seaward of the seaward toe of the public dune; 50 51 g. The encroachment shall be limited to one platform not to exceed 10 52 feet by 10 feet inclusive of a 4 foot maximum walkway in width; 53 54 h. The minimum structure height shall be 3 feet above existing grade, 55 and 4 feet above existing grade for a platform, subject to Planning Department review; 56 57 i. All structures available for use by the public must comply with 58 applicable requirements for accessibility. Accordingly, ramps constructed at a 1V:12H 59 slope will be required in lieu of stairs for access to these walkways; 60 61 j. The issues of maintenance and insurance liability shall be governed 62 by the encroachment agreement and City Code Section 33-113.1 ; 63 64 k. Existing structures that were approved by the proper encroachment 65 process and with proper building permits shall be allowed to remain as approved and 66 shall not be required to come into compliance with this policy unless or until they are in 67 need of replacement; 68 69 I. Any illegal structures, those not properly permitted or unlawfully 70 encroaching, shall be brought into compliance with the existing building codes and the 71 City Code; and 72 73 m. Any structures that do not conform to the Wetlands Board's Policies 74 and Procedures for exempt structures must obtain a Wetlands Board/Coastal Primary 75 Sand Dune Permit. 76 77 2. That the City Manager is hereby directed to take the appropriate actions 78 necessary to effectuate these recommendations. 79 80 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day 81 of October ,2007. APPROVED AS TO CONTENT: ~~ - APPROVED AS TO LEGAL SUFFICIENCY: fi~ City Attorney's Office ~ CA-10496 R-5/September 28, 2007 Beach Segments Defmed in the 2002 Beach Management Plan · Chesapeake Beach - the Chesapeake Bay shoreline from the border with Little Creek Amphibious Base on the west to Joyce Avenue and Baylake Pines on the east. · Baylake Beach - the Chesapeake Bay shoreline adjacent to the Baylake Pines subdivision, from Joyce Avenue on the west to Indian Hill Road and Ocean Park on the east. · Ocean Park Beach - the Chesapeake Bay shoreline from Rookery Way on the west to L ynnhaven Inlet on the east. · Cape Henry Beach - the Chesapeake Bay shoreline from Lynnhaven Inlet on the west to the border with First Landing State Park on the east. · North End - the Atlantic coast from the border with U.S. Army Base at Fort Story and 89th Street on the north to 42nd Street and the resort area on the south. · Resort Beach - the Atlantic coast from 42nd Street on the north to Rudee Inlet on the south. · Croatan Beach - the Atlantic coast from Rudee Inlet on the north to the border with the Commonwealth's Camp Pendleton on the south. · Sandbridge Beach - the Atlantic coast from the Navy Base at Dam Neck on the north to the Back Bay National Wildlife Refuge on the south. Item V-K. PLANNING - 35 - ITEM #56978 1. a. INTERNATIONAL CHRISTIAN CHURCH b. JOHN D. and RANDI VOGEL 2 .a. J.D. VALLEY, L.L.C. b. DOROTHY JACOBSON c. THE HERTZ CORPORATION d. VERNELL DREUITT e. VIRGINIA BEACH RESORT, LLC 3. a. NICK WILLIAM WRIGHT, JR. b. AGC ACQUISITION, L. L. C. c. CORAL DEVELOPMENT, L.L.C. 4. JOSEPH Jv. FREEMAN, JR. MODIFICATION OF CONDITIONS (Approved May 12, 1992, April 11, 1995, and June 20, 1997) MODIFICATION OF CONDITIONS (Approved October 11,2006) CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CHANGE OF ZONING CHANGE OF ZONING VARIANCE CHANGE OF ZONING STREET CLOSURE October 23, 2007 - 36 - Item V-K. PLANNING ITEM #56979 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items la,. 2a. (DEFERRED), 2b, 2c, 2.d (AS AMENDED), 2e, 3a., 3.b. (DEFERRED,3c.l.2 (DEFERRED) and 4 of the Planning By Consent Agenda. Item K.2.a . (J.D. VALLEY, L.L.c.) was DEFERRED INDEFINITELY, BY CONSENT) Item K.2.d (VERNELL DREUTT) was ADOPTED, BY CONSENT, for five (5) years. Item K. 3.b. (AGC ACQUISIOTN, L.L.C.) was DEFERRED INDEFINITELY, BY CONSENT) Item K.3. c. 1.2. (CORAL DEVELOPMENT, LLC) was DEFERRED INDEFINITELY, BY CONSENT) Voting: lO-O (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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva October 23, 2007 - 37 - Item V-K1.a. PLANNING ITEM #56980 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED CONDITIONS re Ordinance upon application of INTERNATIONAL CHRISTIAN CHURCH to construct a gymnasium at 2969 Holland Road (approved on May 12, 1992, April 11, 1995 and June 10, 1997) ORDINANCE UPON APPLICATION OF INTERNATIONAL CHRISTIAN CHURCH FOR MODIFICATION OF CONDITIONS FOR REQUESTS APPROVED BY CITY COUNCIL ON MAY 12, 1992, APRIL lJ, 1995 AND JUNE 10,1997 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of International Christian Church for Modification of Conditions for requests approved by City Council on May 12, 1992, April 11, 1995, and June 10, 1997. Property is located at 2969 Holland Road (GPIN 1495238080). DISTRICT 7 - PRINCESS ANNE. The following conditions shall be required: 1. All conditions, with the exception of Number 2, attached to the Conditional Use Permit granted by the City Council on June 10, 1997, shall remain in affect. 2. Condition Number 2 of the June 10, 1997, Conditional Use Permit is deleted and replaced with the following: The gymnasium shall be constructed in substantial conformance with the plan entitled, "Gymnasium Additionfor International Christian Church, "prepared by Land Design & Development, dated June 26, 2007, which has been exhibited to the Virginia Beach City Council and is onfile in the Planning Department. 3. The gymnasium shall be developed in coriformance with the elevations entitled, "International Christian Church Gymnasium Addition, " prepared by Andre Marquez Architects, which have been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 4. In no instance shall the number of seats in the sanctuary be expanded beyond 225, which was the number of seats approved with the previous Conditional Use Permits dated May 12,1992, and April lJ, 1995. 5. The existing wooded buffer along the southern property line, abutting Section 2 of the Landstown Lakes residential neighborhood, shall remain undisturbed. 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 Twenty-third of October Two Thousand Seven October 23, 2007 - 38 - Item V-K.1.a. PLANNING ITEM #56980 (Continued) 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva October 23, 2007 - 39 - Item V-K.l.b. PLANNING ITEM #56981 The following registered in SUPPORT: William (Bill) Gambrell, Land Planner, 207 23rd Street, represented the applicant and distributed an Informational packet re Hunt Club Farm, which is hereby made a part of the record. The Vogels have been working on a policy and procedures manual for their staff, in hopes of resolving public concerns and this is included in the handout. A more detailed site plan is also included in the manual. The applicant will return to City Council in March and they believe they will have devised a method to meet the criteria of the Conditional Use Permit for all their activities. Christian Anderson, 2425 Casey Court, Phone; 291-6299, advisedformer owner of Haunted Harbor Park, (Base Ball Stadium in Norfolk), Mr. Anderson advised this operation is the best operation of its kind in the area. There is no charge for parking. Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council MODIFIED the Conditions and extended the Conditional Use Permit until July 30, 2008, allowing this year's activities to continue and the applicant additional time to resolve issues with the surrounding property owners. Council Lady Henley will have a meeting with the Vogel's and the neighbors in early November to discuss these issues. ORDINANCE UPON APPLICATION OF JOHN D. & RANDI VOGEL FOR THE MODIFICATION OF CONDITIONS FOR A REQUEST APPROVED BY CITY COUNCIL ON OCTOlJER 11,2006 NOVEMBER 14. 2006. Ordinance upon application of John D. & Randi Vogel for the Modification of Conditions for a request approved by City Council on Oetebcr 11, 2()()6 November 14, 2006. The property is located at 2388 - 2400 London Bridge Road (GPINs 240590021~ 240590060~. DISTRICT 7 - PRINCESS ANNE. The following conditions shall be required: 1. The relocation of the commercial recreational facility shall substantially adhere to the submitted plan showing the relocated pole barn entitled "Preliminary Subdivision Plan of site A-I. Princess Anne Hunt Club, Inc. for John Vogel" dated February 2, 1987, updated June 8, 2007, prepared by NDI,LLC Basgier and Associates Division. Said plan has been exhibited to the Virginia Beach City Council and is onfile in the Virginia Beach Planning Department. 2. All conditions attached to the Conditional Use Permit granted by the City Council on November 9, 2004, shall remain in affect: a. The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. b. Hours of operation shall be 9:00 AM until 9:00 PMfrom Thanksgiving to New Years Day annually. October 23. 2007 - 40- Item V-K.l.b. PLANNING ITEM #56981 (Continued) 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 Twenty-third of October 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 John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva October 23, 2007 - 41 - Item V-K.2.a. PLANNING ITEM #56982 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY Ordinance upon application of J. D. VALLEY, L.L.C.for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF J. D. VALLEY, L.L.C. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND RENTAL Ordinance upon application of J. D. Valley, L.L. C. for a Conditional Use Permit for motor vehicle sales and rental on property located at 6119 Indian River Road (GPIN 1456430612). DISTRICT 1- CENTERVILLE 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva October 23, 2007 - 42- Item V-K.2.b. PLANNING ITEM #56983 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of DOROTHY JACOBSON for a Conditional Use Permit for alternative residential development ORDINANCE UPON APPLICATION OF DOROTHY JACOBSON FOR A CONDITIONAL USE PERMIT FOR ALTERNATIVE RESIDENTIAL DEVELOPMENT R0100734242 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Dorothy Jacobson for a Conditional Use Permit for alternative residential development on property located on the northeast side of Pefley Lane beginning at a point approximately 300 feet north of Munden Point Road (GPIN 2308714598). DISTRICT 7- PRINCESS ANNE. The following conditions shall be required: 1. The subdivision of the site into three parcels shall substantially adhere to the submitted plan entitled "Preliminary Subdivision Plat of Property of Dorothy G. Jacobson". Minor revisions to the plan may be allowed if land management techniques are required Said plan has been exhibited to the Virginia Beach City Council, and is onfile in the Virginia Beach Planning Department. 2. The applicant shall provide an agricultural and horticultural preservation easement which will ensure that the property on proposed Lot 3 outside the area required for the dwelling and drain fields will remain in either agricultural production or as a forested parcel. This easement must be reviewed and approved by the City Attorney's Office and the City's Department of Agriculture and be recorded with the Clerk of the Circuit Court. 3. This site shall not be subdivided into more than three lots and there shall be no more than one single- family dwelling located on each lot. 4. As required by the Rural Development Guidelines set forth in the City of Virginia Beach Comprehensive Plan, a minimum 50-foot wide, vegetative buffer shall be installed on Lot 1 and Lot 2, where one does not currently exist, along all property lines subject to this application that adjoin any parcel actively usedfor agricultural purposes. The first 25 feet of said buffer, closest to the adjacent agricultural field shall be planted with a mixture of grasses and low growing indigenous shrubs. The second 25 feet of said buffer shall be planted with a double row of trees with a minimum caliper of 1-~ inches and should be centered no more than 30 feet on center. These trees shall be indigenous and consist of a mixture of25 percent deciduous and 75 percent evergreen. A Landscape Plan shall be submitted with the final plat to the Development Services Center for review and approval prior to the recordation of the final plat. October 23, 2007 - 43 - Item V-K2.b. PLANNING ITEM #56983 (Continued) 5. A stormwater management plan shall be submitted to the Planning Department/Development Service Center for review and approval prior to approval of the final subdivision plat. 6. Private drainage easements shall be dedicated along at least one property line if not both property lines, providing drainage rights for the two proposed new parcels to drain through/by proposed Lot 3 to the existing drainage marsh located at the northern end of the property. 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 Twenty-third of October 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva October 23, 2007 - 44- Item V-K.2.c.. PLANNING ITEM #56984 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application STEPHEN M. DENES (THE HERTZ CORPORATION) for a Conditional Use Permit for bulk storage ORDINANCE UPON APPLICATION OF STEPHEN M DENES (THE HERTZ CORPORATION) FOR A CONDITIONAL USE PERMIT FOR BULK STORAGE R0100734243 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of STEPHEN M DENES (THE HERTZ CORPORATION) for a Conditional Use Permit for bulk storage on property located at 716 South Military Highway (GPIN 1456279295). DISTRICT 2 - KEMPSVILLE. The following conditions shall be required: 1. Development of the site shall substantially conform to the conceptual site plan entitled "Conditional Use Permit Exhibit of Hertz Realty Corporation ", dated July 7, 2007. Said Plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. All dead trees located within the public right-of way directly in front of site shall be replaced with live trees of similar size and type of adjacent trees within the right-ofway. 3. All signage shall meet the requirements for storage yards located within Industrial Zoning Districts. The existing freestanding sign shall be removed or brought into conformance with the City Zoning Ordinance. 4. The equipment storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening and Buffering Specifications and Standards for the City of Virginia Beach. 5. Thefence enclosing the storage yard shall be a solidfence with a minimum height of six (6) feet. Slats may be used within the existing chain linkfence to make it opaque. 6. All Landscaping along the front of the site shall meet the City of Virginia Beach Parking Lot and Foundation Landscaping Specifications and Standards for street frontage landscape screening. The required foundation landscaping shall be added to the street frontage area. 7. The modular container/trailer units on the site shall not be usedfor any purpose unless they have been inspected and approved by the Department of Planning/Permits and Inspections for the proposed use. October 23, 2007 - 45 - Item V-K.2.c.. PLANNING ITEM #56984 (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 Twenty-third of October 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 John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva October 23, 2007 - 46- Item V-K.2.d. PLANNING ITEM #56985 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED for five (5) years, Ordinance upon application of VERNELL DREUITT for a Conditional Use Permit for a church; ORDINANCE UPON APPLICATION OF VERNELL DREUITT FOR A CONDITIONAL USE PERMIT FOR A CHURCH R0100734244 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Vernell Dreuitt for a Conditional Use Permit for a church on property located at 3692 South Plaza Trail, Suites 1 and 4 (GPIN 1487503693). DISTRICT 3 - ROSE HALL. The following conditions shall be required: 1. The number of individuals attending a service shall not exceed 100, or the number established by the City's Fire Marshall, with the lower number of the two being the maximum. 2. The applicant shall obtain all the necessary permits and inspections from the Planning Department Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 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 Twenty-third of October 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva October 23, 2007 - 47- Item V-K.2.e. PLANNING ITEM #56986 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of VIRGINIA BEACH RESORT, L.L.C.for a Conditional Use Permitfor a hotel and motel with lodging and dwelling units: ORDINANCE UPON APPLICATION OF VIRGINIA BEACH RESORT, L.L.e. FORA CONDITIONAL USE PERMIT FORA HOTEL AND MOTEL WITH LODGING AND DWELLING UNITS ROI 00 734245 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Beach Resort, L.L.e. for a Conditional Use Permit for a hotel and motel with lodging and dwelling units in B-4 (SD) and for outdoor recreation on property located at 2816 Shore Drive (GPIN 15903164719530). DISTRICT 5 -LYNNHAVEN The following conditions shall be required: 1. The site and building shall be re-habilitated and constructed as depicted on the submitted plan entitled "The Resort addition to Virginia Beach Resort and Conference Center ", dated 8/23/07 and prepared by Cox, Kliewer & Company, P.e. Said plan has been exhibited to the Virginia Beach City Council and is onfile in the Virginia Beach Planning Department. 2. The rental of jet skis, floats, chairs, umbrellas, paddle boats and other beach oriented equipment shall comply with the Virginia Beach City Code, Chapter 6, Beaches, Boats and Waterways. A maximum of six (6) jet skis will be available for rental. 3. The applicant shall provide a photometric (lighting) plan for the building, the parking structure and parkingfacility underneath the existing building. There shall be emphasis on the use offull cut-off fixtures for all parking lot lighting and any outside building mounted lighting (wall packs). The building mounted lighting shall have appropriate shielding that directs light downward. The plan shall also include provisions for implementing low-level security lightingfor non-business hours. Low-level security lighting shall be implemented along the residential areas adjacent to the site from 11:00 p.m. to 7:00 a.m. All lighting on the site should be consistent with the standards recommended by the Illuminating Engineering Society of North America. 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 Twenty-third of October Two Thousand Seven October 23, 2007 - 48 - Item V-K2.e. PLANNING ITEM #56986 (Continued) 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva October 23, 2007 - 49- Item V-K3.a. PLANNING ITEM #56987 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of NICK WILLIAM WRIGHT, JR. for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF WILLIAM NICK WRIGHT, JR. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL R-7.5 Z010071288 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of William Nick Wright, Jr. for a Chanf!.e of Zoning District Classification from AG-2 Agricultural District to Conditional R-7.5 Residential District on property located on the south side of Nimmo Parkway 390 feet east of Townfield Lane. (GPINs 2414645890; portions of 2414647136; 2414756105). DISTRICT 7 - PRINCESS ANNE. The following condition shall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. 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 Twenty-third of October 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva October 23, 2007 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6759 DATE: October 8. 2007 TO: Leslie L. Lilley , ~ B. Kay Wilson~~ DEPT: City Attorney FROM: DEPT: City Attorney RE: Conditional Zoning Application: William Nick Wright, Jr. The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 23,2007. I have reviewed the subject proffer agreement, dated August 20, 2007 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen AGREEMENT THIS AGREEMENT made this 20th day of August, 2007, by and between TAYLOR WRIGHT LEWIS, formerly known as MARY TAYLOR WRIGHT ("Wright") and B&W PROPERTY DEVELOPMENT, L.L.C., a Virginia limited liability company ("B&W") and N &K PROPERTIES, L.L.C., a Virginia limited liability company ("N&K"), Grantors and W. NICK WRIGHT, JR., (the "Applicant"), all Grantors for purposes of indexing and the CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia, hereinafter called "Grantee", Grantee for purposes of indexing. RECITALS: R-l. Wright is the record fee simple owner of the property located in the Princess Anne District, City of Virginia Beach and described as "Parcel Two" on Exhibit A attached hereto and incorporated into this Agreement and B&W and N&K are the record fee simple owners of the parcels described as "Parcel One", "Parcel Three" and "Parcel Four" on the attached Exhibit A (collectively, the "Property"). R-2. The Applicant initiated an amendment to the zoning map of the City of Virginia Beach, Virginia, by petition of the Applicant addressed to the Grantee, so as to change the zoning classification of a portion of the Property from AG-2 Agricultural to R-7.5 Residential District, said portion of the Property being shown and depicted on that certain plan entitled "Zoning Boundary Plan of Parkway Estates, Nimmo Pkwy, Virginia Beach, V A" prepared by MSA, P.c. and incorporated herein by reference and which has been exhibited to the City Council and is on file in the Planning Department of the City of Virginia Beach, Virginia (the "Zoning Plan"). The proposed amendment is made pursuant to the terms of the zoning ordinance of the City of Virginia Beach, Virginia, adopted April 18, 1988, as amended and as in effect as of the date of this Agreement (the "Zoning Ordinance"). R-3. The Grantee's policy is to provide only for the orderly development of land, for various purposes, including residential purposes, through zoning and other land development legislation. R-4. The Grantor and the Applicant acknowledge that competing and sometimes incompatible uses conflict and that in order to permit different uses on and in the area of the Property and at the same time to recognize the effect of the changes, and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly Prepared by Harry R. Purkey, Jr., P.c. 1 303 34th Street, Suite 5 Virginia Beach, VA 23451 GPINS: 2414-65-3077 2414-64-5890 2414-64-7136 2414-75-6105 (Part of) zoned R-7.5 are needed to cope with the situation which the Applicant's rezoning application gives rise to. R-5. The Grantor and the Applicant have voluntarily offered, in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the zoning map with respect to the Property, in addition to the regulations provided for in the existing R-7.5 zoning district by the Zoning Ordinance, the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as part of said amendment to the zoning map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which it is generated by the rezoning. R-6. The conditions outlined in this Agreement have been proffered by the Grantor and the Applicant and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance and the zoning map. These conditions shall continue in full force and effect until subsequent amendment changes the zoning of the Property; however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of the Grantee, unless, notwithstanding the foregoing, the conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the Property at the time of recordation of such instruments; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. WITNESSETH: NOW, THEREFORE, the Grantor and the Applicant, for themselves, their successors, personal representatives, assigns, grantees and other successors in title and interest, voluntarily without requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro QUO for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees and other successors in interest or title. 1. Only those portions the Property shown on that plan entitled "Conceptual Site Layout & Landscape Plan of Parkway Estates, Nimmo Pkwy., Virginia Beach, V A", dated August 15,2007 and prepared by MSA, P.C. which has been exhibited to the City Council and is on file in the Planning Department of the City of Virginia Beach, Virginia (the "Layout and Landscape Plan") and incorporated herein by reference and forming a part of this Agreement shall be rezoned to R-7.5 Residential and the zoning classification of the remainder of the 2 Property shown on Exhibit A shall remain unchanged. Grantor shall cause to be prepared and recorded (after receiving all appropriate City approvals) a subdivision plat to create a legally separate parcel having the dimensions and configuration consistent with the parcel shown on the aforesaid plan. 2. The exterior facades of the dwellings constructed on the Property shall utilize the materials or a combination thereof as are depicted on the photographs which have been exhibited to the Virginia Beach City Council and which are on file with the Virginia Beach Department of Planning. 3. The portion of the Property to be rezoned shall be developed in substantial conformity with the Layout and Landscape Plan. 4. Further conditions may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 5. The Grantor and the Applicant covenant and agree that: a. The Zoning Administration of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (i) to order in writing that any non-compliance with such conditions be remedied and (ii) to bring legal action or suit to insure compliance with such conditions including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings. b. Failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate. c. If aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance, or this Agreement, the Grantor shall petition the governing body of Grantee for the review of such decision prior to instituting proceedings in court. d. The Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the Property on the map and that the ordinance and the conditions may be readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and Grantee. SIGNATURES AND NOT ARIES ARE ON THE FOLLOWING PAGES 3 WITNESS the following signatures and seals: STA1EOF ~Ji ~uL;,.~ CITY/COUNTY F ~ , to-wit; ~ G' ," . I, ,. ~&..-Ju....1J'1 tUY} ~)a Notary Public in and for the City and State aforesaid, do hereby certify that Taylor Wright Lewis, formerly known as Mary Taylor Wright, has acknowledged the same before me in my City and State. f ;L rI/'A. J GIVEN under my hand this ~ day of ~' 2007 , ~M'~C;t~~W~~L) Notary PublIc My Commission Expires: /.- ,;L - & CJ / Qj SIGNATURES AND NOT ARIES CONTINUE ON FOLLOWING PAGE 4 B & W Property Development, LLC, a Virginia limited liability company BJl1CLl4J~Y- (SEAL) Walter R. Wright, . anager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit; I, ~a.r-+hQ tA.Jh;+e.. , a Notary Public in and for the City and State aforesaid, do hereby certify that Walter R. Wright, Manager of B & W Property Development, LLC, a Virginia limited liability company, has acknowledged the same before me in my City and State. GIVEN under my hand this c;13 day of AUj'1.c::;.+- , 2007. ~ ~ (SEAL) Notary Public My commission expires: 5 \..2.LI d-.D [0 SIGNATURE AND NOT ARIES CONTINUE ON FOLLOWING PAGE 5 ~ ;~ a. wf.t ., ~),.r .......... '1"Ji.. ~ .L~' .., '" 'JA I ~.....~~..,.aEA(1'~....:'r iI ~: O'~ 0'. i ~: ~ _"-_"'......0 on 1 = lIIII::.:r cr:r- . IlIIIl:~O \r;)$ : 0 i, \~ ~'\rj'IJr..1 ~/ ;; ". .' IJit. A_ '. .' ~ ~ .~O~AR~. ~" STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit; N & K Properties, LLC, a Virginia limited liability company By: 7t/ 'M<t \k~AL) W. Nick Wright, Manager I, ~+ha White... , a Notary Public in and for the City and State aforesaid, do hereby certify that W. Nick Wright, Manager ofN & K Properties, LLC, a Virginia limited liability company, has acknowledged the same before me in my City and State. GIVEN under my hand this~3 day of u\u~?t ,2007. ~C<,... ~ Notary Public (SEAL) My commission expires: 5l 31 (?'OCD SIGNATURES AND NOT ARIES CONTINUE ON FOLLOWING PAGE 6 ~.~"""",,~ r~~rrE ....., :$' ....\ ......... ."'\~ I ~.., ". v '" r".' .......~ \-I o~ ....... ~ ' ".~w'" .., '. ($)\ $ f~~ .1, t;J :; if ::: ~\ ::) i ....; 'lJ 8 .;:IJ Z: Q. IE ~\ '~L./~ J ~ ..... ..... .I).. ~-" .,~- -" ........... ~~ NO #~(SML) W. Nick Wright, Jr. --. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit; I, McU'..-tha whi+e.. , a Notary Public in and for the City and State aforesaid, do hereby certify that W. Nick Wright, Jr. has acknowledged the same before me in my City and State. GIVEN under my hand this :;. 3 day of Au~, 2007 ~~ (SEAL) Notary Public My Commission Expires: 6 ~ d'VIO Z:\renee\Agreements\Proffer Agreement-Nick Wrighl.doc 7 EXHIBIT" A" PARCEL ONE: GPIN 2414-64-3077 A twenty-foot (20') strip for a private road conveyed by Dennis Walke, et ai, to Thomas Cason by Deed dated August 20, 1903, duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 73 at Page 279, and shown in Map Book 2 at Page 16, (reference also Map Book 75, at Page 29); this road being subject to use by others as stated in said Deed. PARCEL TWO: GPIN 2414-64-5890 ALL THAT certain piece or parcel of land, situate, lying and being located in Princess Anne Borough, City of Virginia Beach, State of Virginia, and being all the property owned by the Grantor herein south of the proposed Ferrell Parkway, as shown on a certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH FROM BA YSHORE DEVELOPMENT CORP", which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 153, at page 19, the property being more particularly described as follows: Beginning at the northeast comer of the property herein described, which said point is located on the southern side of the proposed right of way of Ferrell Parkway and adjoins the western side of the property now or formerly owned by W. Nick Wright and Walter E. Wright; thence from this said point of beginning North 660 55' 09" West a distance of 640.61 feet to a pin located in the center of a 20 feet private right of way as shown on the aforementioned plat; thence continuing along the center of the right of way South 450 33' 45" West a distance of248.58 feet to a pin; thence South 470 30' 08" East a distance of 433.49 feet to a pin; thence North 640 50' East 40.97 feet to a pin; thence North 640 50' East 88.00 feet to a pin; thence North 660 42' 22" East 106.31 feet to a pin; thence South 550 51' East 54.00 feet to a pin; thence North 270 39' East a distance of 102.30 feet to a pin; thence North 290 04' 06" East a distance of 59.41 feet to a pin; thence North 830 00' 14" East a distance of 68.98 feet to a pin; thence North 840 59' East a distance of 49.51 feet to a point of beginning. PARCEL THREE: GPIN 2414-64-7136 Described in Deed of Joshua T. James, et ux to Thomas Cason, dated March 15, 1892, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, in Deed Book 62, at Page 452, as containing six (6) acres, more 8 or less, being called Grapevine Ridge near Davys land; bounded on the North by land of Edward W. Atwood, on the East by land of Walter H. Hill, on the South by land of William H. Petree and on the West by Davys land; a survey thereof being recorded in Deed Book 62, at Page 453. And, that certain parcel of land described as follows: Lying easterly of Parcel Two above and described in Deed of Walter H. Hill, et ux, to Thomas Cason, dated July 23, 1894, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 65 at Page 192 as containing ten (10) acres, three (3) rods, 7,472 poles, adjoining Troutten's thicket; bounded on the North and the East by land of E.W. Atwood, on the South by other land of said Hill, and on the West by other land of said Cason; a survey thereof being duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 65 at Page 193. Above two parcels taken together are bounded Northerly by land now or formerly of Lagomar Realty Development Incorporated, (reference Map Book 74, at Page 35), Southerly by land now or formerly of Wilson, (reference Map Book 80, at Page 38), and Westerly by land or canal ditch lying between this land and the land now or formerly Upton Produce Co., Inc. and land now or formerly of Walke (reference Map Book 75, at Page 29, and Map Book 5 at Page 205. PARCEL FOUR: GPIN Part of2414-75-6105 All that portion of the below described property lying to the south of the proposed Ferrell Parkway, said proposed Ferrell Parkway being shown on that certain plat attached to that certain Deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2262, at page 43. All of that certain tract, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate in what is known "Davis Land", City of Virginia Beach, Virginia, and described by courses and distances on a certain plat and survey of the same entitled "Plat of W.H. Cason's Land, etc." made by Joshua G. Moore, County Surveyor, and recorded in the Clerk' Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book Number 6, part 2, at page 185, which described the property as follows (said property being designated on the aforesaid plat as "W.H. Cason's Land"): BEGINNING at a post in the private road shown on the plat hereinabove mentioned and running South 650 15' West 8.56 chains to a post, thence North 450 16' West 1.05 chains to a gum stump, thence North 490 16' West 3.93 chains to a cypress, thence North 340 14' East 1.55 chains to a cypress, thence North 350 9 14' East .90 chains to a cypress, thence South 760 16' East 1.04 chains to a cypress, thence South 880 16' East 1.04 chains to a cypress, thence North 500 44' East 1.49 chains to a cypress, thence North 590 29' East 2.38 chains to a cypress stump, thence North 690 44' East .985 chains to a post, thence North 690 44' East .985 chains to a post, thence North 650 44' East 2.12 chains to a post formerly oak, thence North 380 14' East 2.64 chains to a cypress post, thence North 600 14' East 2.20 chains to a maple, thence North 590 14' East 2.16 chains to a gum, thence North 530 44' East 2.02 chains to a cypress, thence North 230 14' East 2.18 chains to a cypress, thence South 460 31' East 1.05 chains to a gum, thence South 720 01' East 2.43 chains to a maple, thence South 790 46' East 1.45 chains to a post, thence South 460 09' West 6.12 chains to a oak, thence South 460 09' West 9.55 chains to the point of beginning, containing in the aggregate ten (10) acres, three (3) rods, and seven (7) poles, but is subdivided into two plats, Plat No. One (1) containing 6 acres, 1 Rod, 11 Poles, and Plat No. Two (2) containing 4 acres, 1 Rod, 36 Poles. 10 - 50 - Item V-K.3.b. PLANNING ITEM #56988 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY Ordinance upon application of AGC ACQUISITION, L.L.C. for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF AGC ACQUISITION, L.L.c. FOR A CONDITONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-4 Ordinance upon application of AGC Acquisition, L.L.c. for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-4 Mixed Use District on property located at 1291 Nimmo Parkway (GPIN 2414161683). DISTRICT 7 -PRINCESS ANNE 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 John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva October 23,2007 - 51 - Item V-K.3.c. PLANNING ITEM #56989 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY Ordinances upon application of CORAL DEVELOPMENT LLC re Variance to S5B of the Site Plan Ordinance, Floodplain Regulations, to allow fill within the floodplain re a roadway and ditch piping and Conditional Zoning: Application of Coral Development, L.L.c. for a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations on property located at the northwest intersection of Atwoodtown Road and Sandbridge Road (GPINs 2413898033; 2413889744; 2413996091; 2413897501; 2413998154). DISTRICT 7 - PRINCESS ANNE. AND, ORDINANCE UPON APPLICATION OF CORAL DEVELOPMENT, LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO CONDITIONAL R-15 Ordinance upon application of Coral Development, LLC for a Change of Zoninz District Classification from AG-2 Agricultural District to Conditional R-15 Residential District with a PD-H2 Planned Unit Development District Overlay on property located at 1628 Sandbridge Road, Parcel B Sandbridge Road, 2741, 2753 and 2797 Atwoodtown Road (GPINs 2413898033; 2413889744; 2413996091; 2413897501; 2413998154). DISTRICT 7 - PRINCESS ANNE. 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva October 23, 2007 - 52 - Item V-K.4. PLANNING ITEM #56990 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of JOSEPH W. FREEMAN JR. for discontinuance, closure and abandonment of a portion of Grimstead Lane at Back Bay Landing Road: Ordinance upon application of JOSEPH W. FREEMAN JR in the matter of closing, vacating and discontinuing a portion of that certain street known as Grimstead Road as shown on that certain plat entitled "PLAT SHOWING PROPOSED STREET CLOSURE ADJOINING PROPERTY OF JOSEPH W. FREEMAN, JR. D. B. 1761, P. 4322, MB. 172, P. 85, VIRGINIA BEACH, VIRGINIA". DISTRICT 7 - PRINCESS ANNE. The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approvedfor recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposedfor closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposedfor closure. Ifprivate utilities do exist, easements satisfactory to the utility company must be provided. 4. A cul-de-sac or other City approved turn-around configuration suitable for trash collection and emergency service vehicles must be constructed by the applicant at the new end of Grim stead Road public right-of-way. In addition, a right-of-way dedication will be required to accommodate the cul- de-sac. 5. A final plat shall be approved and recorded identifying and ensuring legal access is provided to all lots east of the portion of Grimstead Road to be closed. All lots shall have direct access to a public right-of-way or an easement allowing access to site. Lots may be consolidated in order to ensure legal access is provided. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days (October 22, 2008) of approval by City Council. If the 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-of-way, this approval shall be considered null and void. October 23, 2007 - 53 - Item V-K4. PLANNING ITEM #56990 (Continued) 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 John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva October 23, 2007 1 IN THE MATTER OF CLOSING, VACATING AND 2 DISCONTINUING A PORTION OF THAT CERTAIN 3 STREET KNOWN AS GRIMSTEAD ROAD AS 4 SHOWN ON THAT CERTAIN PLAT ENTITLED 5 "PLAT SHOWING PROPOSED STREET CLOSURE 6 ADJOINING PROPERTY OF JOSEPH W. 7 FREEMAN, JR. D. B. 1761, P. 4322, M.B. 172, P. 85, 8 VIRGINIA BEACH, VIRGINIA". 9 10 11 WHEREAS, JOSEPH W. FREEMAN applied to the Council of the City of 12 Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, 13 and vacated; and 14 15 WHEREAS, it is the judgment of the Council that said street be 16 discontinued, closed, and vacated, subject to certain conditions having been met on or 17 before one (1) year from City Council's adoption of this Ordinance; 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 20 Virginia Beach, Virginia: 21 22 SECTION I 23 24 That the hereinafter described street be discontinued, closed and vacated, 25 subject to certain conditions being met on or before one (1) year from City Council's 26 adoption of this ordinance: 27 28 All that certain piece or parcel of land situate, lying and being 29 in the City of Virginia Beach, Virginia, designated and 30 described as "ROAD TO BE CLOSED, 42,486 Sq. Ft. 31 /0.975 ac." shown as the cross-hatched area on that certain 32 plat entitled: "PLAT SHOWING PROPOSED STREET 33 CLOSURE ADJOINING PROPERTY OF JOSEPH W. 34 FREEMAN, JR. D.B. 1761, P. 432, M.B. 172, P. 85" Scale: 35 1" =200', dated February 20, 2003, prepared by Gallup 36 Surveyors & Engineers, LTD., a copy of which is attached 37 hereto as Exhibit A. 38 GPIN: 2318-70-5588,2318-72-5115 and 2318-72-7730 39 SECTION II 40 41 The following conditions must be met on or before one (1) year from City 42 Council's adoption of this ordinance: 43 44 1. The City Attorney's Office will make the final determination regarding 45 ownership of the underlying fee. The purchase price to be paid to the City shall be 46 determined according to the "Policy Regarding Purchase of City's Interest in Streets 47 Pursuant to Street Closures," approved by City Council. Copies of said policy are 48 available in the Planning Department. 49 50 2. The applicant shall resubdivide the property and vacate internal lot 51 lines to incorporate the closed area into the adjoining parcels. The resubdivision plat 52 shall be submitted and approved for recordation prior to final street closure approval. 53 54 3. The applicant shall verify that no private utilities exist within the right-of- 55 way proposed for closure. Preliminary comments from the utility companies indicate 56 that there are no private utilities within the right-of-way proposed for closure. If private 57 utilities do exist, the applicant shall provide easements satisfactory to the utility 58 companies. 59 60 4. A cul-de-sac or other City approved turn-around configuration suitable 61 for trash collection ad emergency service vehicles must be constructed by the applicant 62 at the new end of Grimstead Road public right-of-way. In addition, a right-of-way 63 dedication will be required to accommodate the cul-de-sac. 64 65 5. A final plat shall be approved and recorded identifying and ensuring 66 legal access is provided to all lots east of the portion of Grimstead Road to be closed. 67 All lots shll have direct access to a public right-of-way or an easement allowing access 68 to site. Lots may be consolidated in order to ensure legal access is provided. 69 70 6. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 76 77 SECTION III 78 79 1. If the preceding conditions are not fulfilled on or before October 22, 80 2008, this Ordinance will be deemed null and void without further action by the City 81 Council. 82 2 83 2. If all conditions are met on or before October 22, 2008, the date of 84 final closure is the date the street closure ordinance is recorded by the City Attorney. 85 86 3. In the event the City of Virginia Beach has any interest in the 87 underlying fee, the City Manager or his designee is authorized to execute whatever 88 documents, if any, that may be requested to convey such interest, provided said 89 documents are approved by the City Attorney's Office. 90 91 SECTION IV 92 93 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 94 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 95 OF VIRGINIA BEACH as "Grantor" and JOSEPH W. FREEMAN as "Grantee." 96 97 Adopted by the Council of the City of Virginia Beach, Virginia, on this 98 23rd day of October ,2007. 99 100 101 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF 102 ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA10315 v :\applications\citylawprod\cycom32\ Wpdocs\DO 18\P002\OO040435.DOC R-1 October 5, 2007 AP APPROVED AS TO LEGAL SUFFICIENCY: tlJOfl q. U4tt4W City Attorney 3 Exhibit A /! I J I II \ L___._ -~_. 1. II ____h._ ~~ "'---r ~i - ,,,"''''' . I I I I I I , I , I I I I I I I , I I I , r r II II O::....J o,~ en 10 -i-.t (ON ""10 ~ e . r= !i~ '" >l n. 1'~1l ~ ~~ll -~;~ ~~: Iv>: ::i I ~~~I i . ~:"~ ~ " '~il;~ ; I~'i ~. L.__ ....J .::{ I- -' W o ~ . ! (----------- "":.-... ...-.....-- -..-----------...'"'-... I r----------1 . , ' , ' , ' , ' , : : ' , r , ' , ' , ' , ' , ! 0( =:~ : 1 -ow- ~ i ' ~Ilet , : Go 9:i : ' , ~ : ' , : : I I I. : I w.. : ,.l"...~ ~ , , , , I , , I , ~:! "F lr~ ~Ii I! e ~ fZ1 l ~ ~ , 1l,..\l~';') \ w' w fa:: .~; ~~ I ill.. 1%" .. >- << CD ~ CD ~"'~ IS- ''''. 1I~: ~u:: i I iii II d~ I!! J I IEii~':9 ~i i i ; ; i I '0'(0 o~ QI'i 10"" II II . '0 0"" 0, .1") Ov ION II il O::...J m en z"" O. f=Cl.. <( VI") -"" 8N o. m Q. <(0 Oz 0::_ <J o lt1 ..... Ol o " O::...J 0- (J) <D OJ <t. N v ci l.tJ I ! 8 o <( o C:: ~ .....................~- ~ . -. . . ~J II: -"'. SUI': I~' , i I : ; ~ ; ,9 , Item V-L.II2. APPOINTMENTS - 54 - ITEM #56991 BY CONSENSUS, City Council RESCHEDULED: HISTORIC SITES ORGANIZING COMMITTEE OPEN SPACE ADVISORY COMMITTEE October 23, 2007 - 55 - Item V-O ADJOURNMENT ITEM # 56992 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:08 P.M. c;;1~___r2~_~(L~ W Beverly 0. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia October 23, 2007