HomeMy WebLinkAboutNOVEMBER 27, 2007
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MA YOR 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 - District 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES FRASER, MMC
27 NOVEMBER 2007
II,
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
1.
CITY MANAGER'S BRIEFING
- Conference Room -
2:30 PM
A. FLOW CONTROL
Phil Davenport, Interim Director - Public Works
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA
IV. INFORMAL SESSION
- Conference Room -
4:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend Richard Keever
Pastor, Bayside Presbyterian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL and FORMAL SESSIONS
November 13,2007
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
1. RESOLUTION/ORDINANCE
1. Resolution to REFER Ordinances re the AICUZ program to the Planning Commission:
a. AMEND S 405, 1802, 1803, 1804, 1805, 1806 and 1807 of the City Zoning
Ordinance (CZO) establishing restrictions on development of property within the
65-70 dB DNL Noise Zone and Interfacility Traffic Area (ITA) and ADDING
provisions pertaining to redevelopment
b. AMEND the Comprehensive Plan by incorporating provisions pertaining to the
65-70 dB DNL Noise Zone and Interfacility Traffic Area (ITA) and a map of
Sub-Areas 1, 2 and 3 within the 65-70 dB DNL Noise Zone
c. AMEND the official zoning map by ADDING Sub-Areas 1, 2 and 3 within the 65-
70 dB DNL Noise Zone
2. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property,
known as 52nd Street, for KATHLEEN MAGARITY at the front of 221 52nd Street, to
replace existing concrete steps.
DISTRICT 5 - L YNNHA VEN
J. PLANNING - NO ACTION
1. Application of SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC., for a
Change of Zoning District Classification from R - 7.5 Residential District to Conditional A -12
Apartment District on the east side of Zurich Arch re the construction of a ten (10) unit
residential condominium.
DISTRICT 3 - ROSE HALL
DEFERRED INDEFINITELY
AUGUST 14, 2007
THIS ITEM WILL BE HEARD ON DECEMBER 11, 2007
K. PLANNING
1. Application of BEACH INVESTMENT CORPORATION for the discontinuance, closure
and abandonment of portions of an alley at Aqua Lane and South Atlantic Avenue (Croatan
Beach).
DISTRICT 6 - BEACH
RECOMMENDA nON
APPROVAL
2. Applications of SOUTHEAST MARINE GROUP, LLC, re dry storage for boats and
trailers, a restaurant, pool and recreational area at 2272 Old Pungo Ferry Road:
DISTRICT 7 - PRINCESS ANNE
a. Variance to S5B of the Site Plan Ordinance, Floodplain Regulations and to the
Southern Watersheds Management Ordinance re proposed encroachments
b. Modification of Conditions to add certain facilities on a Conditional Use Permit
(approved April 11, 1966)
RECOMMENDATION
APPROV AL
3. Application of CORAL DEVELOPMENT, L.L.C., re single family lots at Atwoodtown
Road and Sandbridge Road:
DISTRICT 7 - PRINCESS ANNE
a. Variance to S5B of the Site Plan Ordinance, Floodplain Regulations re fill
b. Chanf!e of Zoninf! District Classification from AG-2 Agricultural District to
Conditional R-15 Residential District with a PD-H2 Planned Unit Development
District Overlay
RECOMMENDATION
APPROVAL
4. Application of VIRGINIA BEACH BEACON BAPTIST CHURCH for a Modification
of Conditions to a Conditional Use Permit (approved November 9, 1987) re two (2)
temporary modular classrooms at 2301 Newstead Drive.
DISTRICT 7 - PRINCESS ANNE.
RECOMMENDA nON
APPROVAL
5. Application of THE SAVIN COMPANY, LLC, for a Conditional Use Permit re a car
wash at 820 South Military Highway near Indian River Road.
DISTRICT 1 - CENTERVILLE
RECOMMENDATION
APPROVAL
6. Application of JEB TOLLEY for a Conditional Use Permit re a bingo hall at 2644 Barrett
Street.
DISTRICT 6 - BEACH
RECOMMENDA nON
APPROVAL
7. Application of NEW CINGULAR WIRELESS PCS, L.L.C., for a Conditional Use
Permit re a communications tower at 1052 Cardinal Road.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
DEFERRAL TO JANUARY 8, 2007
8. Application of CINGULAR WIRELESS for a Conditional Use Permit re a
communications tower, antennas and equipment at 4021 Charity Neck Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
DEFERRAL TO JANUARY 8, 2007
L. APPOINTMENTS
RESORT ADVISORY COMMISSION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. ABSTRACT OF VOTES and CERnFICAnON OF WRITE-INS
November 6,2007, General Election
O. ADJOURNMENT
CITY COUNCIL'S SCHEDULE
2007
December 4
Briefing, Informal, Formal, Open Dialogue
December 11
Briefing, Informal, Formal, Planning
2008
January 8
Briefing, Informal, Formal, Planning,
Open Dialogue
January 22
Briefing, Informal, Formal, Planning
February 19
Location to be Announced -7:15 pm
SwrmwarerPfunsandFundmg
*********
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 1l/13/2007mb
www.vbgov.com
II
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 27, 2007
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re FLOW CONTROL
in the City Council Conference Room, City Hall, on Tuesday, November 27, 2007, at 2:30 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, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Absent:
None
November 27, 2007
III
- 2 -
CITY MANAGER'S BRIEFING
FLOW CONTROL
2:30 P.M.
ITEM # 57069
The City Manager noted that Phil Davenport, Interim Director - Public Works; John C. Barnes, Public
Utilities - Engineering, Waste Management; and, John Hadfield, Executive Director - Southeastern
Public Service Authority, were in attendance to provide additional information concerning FLOW
CONTROL.
Phil Davenport, Interim Director - Public Works, advised the purpose of today's presentation is to
establish aframeworkfor City Council to continue the discussion regarding Flow Control.
Who's Impacted?
· Southeastern Public Service Authority (SPSA)
· SPSA Member Communities
· Norfolk, Chesapeake, Portsmouth, Franklin, Isle of Wight, Southampton County
· Virginia Beach
· Suffolk
· Municipal Customers
· Commercial Haulers
· Commercial Haulers' Customers
The localities who have approved Flow Control are Norfolk, Isle of Wight, Southampton and Franklin.
The City of Portsmouth will be voting on this issue tonight. Virginia Beach and Suffolk are impacted;
however, each has a rate structure different than the other member localities. The current rate for
Commercial Haulers is $28.00 per ton. With Flow Control, these rates could increase to the low-to-mid
$50.00 range. The disposable portion of their waste service could increase (double) to the customers of
the Commercial Haulers.
Why SPSA costs may be higher than Private
Sector options:
· Waste to Energy
· Nine (9) Transfer Stations; two (2) more pending with the next cell expansion at
the Suffolk landfill
· Integrated Solid Waste Management and associated programs (recycling, yard waste,
household hazardous waste, tire recycling, education, etc.)
· Collective Municipal Governance versus Business Model
What have we heard?
· Fair Market Value
· Monopoly
· Lack of Trust
· Fiscal Impacts
Concerning monopolies, the Hampton Roads Sanitation District, has a monopoly on the collection of
sanitary sewer. Within the City, the water and sewer element of service provided is a monopoly.
Dominion Power is a monopoly with electricity and natural gas.
November 27, 2007
- 3 -
CITY MANAGER'S BRIEFING
FLOW CONTROL
ITEM # 57069 (Continued)
Current uncertainties:
· Comparable fair market rates for transfer, transportation and disposal costs
· Tipping Fee projections through 2018
· Verification of SPSA debt paid by 2018
· Impact of previous SPSA rate reductions on commercial waste collection fees
· Extension of Tip Fee Cap
Options
Adopt Flow Control
Do not adopt Flow Control
Defer action
Mr. Davenport advised even in Virginia Beach with the rate cap, it is estimated between now and 2018,
the cost avoidance by Virginia Beach, as a Municipality might be in the neighborhood of approximately
$28-MILLION (the majority of which would occur in the last three (3) years of the contract, after the
cap rates are eliminated in 2015.)
Tentatively, City Council was scheduled to vote re Flow Control December 4, 2007; however this is not
a definitive date. SPSA has requested approval by the end of the year.
Council Lady McClanan expressed concern re localities operating authorities. John Hadfield, Executive
Director - Southeastern Public Service Authority (SPSA), advised there are over forty (40) authorities
(the majority being water authorities) in the State organized under the same particular Act of the General
Assembly as in SPSA. . Seven (7) of the authorities are strictly solid waste, all of which have the elected
governing bodies of the cities and counties appointing the members. In some cases, the members are
elected as represented by SPSA and in other cases such as Hampton, the Board consists primarily of the
operating staff. A listing of the authorities and the appointment of their membership shall be provided.
Concern was expressed re land purchased adjacent to the Suffolk landfill at a cost of several Million
dollars. This property was assessed a few months ago at just a few hundred thousand and then
significantly increased in value. Mr. Hadfield advised an appraisal of the property was conducted which
matched SPSA 's cost. Information shall be provided concerning $3. 7-MILLION costfor 525 acres.
Councilman Uhrin referenced the $28 tipping fee currently in effect. Mr. Hadfield advised this was a
postage stamp rate and the Commercial Haulers are currently allowed to drop anywhere. The small
haulers paid the $42 tipping fee and did not have the rebate opportunity. Therefore, through
renegotiations, the tipping fee was a straight $28. The $28.00 a ton fee consists of a 5-year contract,
containing escalators and is valid until June 30, 2008. Mr. Hadfield advised this cannot be renogitated,
other than terminating the contract and then a year later renegotiate at a fair market rate and hope to be
successful. Councilman Uhrin requested City staff review the similarities and differences between the
Richmond model and SPSA.
Mayor Oberndorf advised SPSA is a creation of the General Assembly. Mayor Oberndorf believes a
JLARC type committee should review SPSA and the private haulers to present more substantial
information upon which the City Council can base their decision.
November 27, 2007
- 4 -
CITY MANA GER'S BRIEFING
FLOW CONTROL
ITEM # 57069 (Continued)
Mr. Davenport advised Virginia Beach would continue to pay the capped rate if they do not take action re
Flow Control. Mr. Hadfield advised there would be some relatively small projected savings until 2015;
therefore, those savings, as well as savings for the other communities would be lost, if Virginia Beach and
perhaps one other large community does not adopt flow control. This is probably not a viable option for
the region.
Council Lady Wilson advised many citizens will be affected by these decisions. Virginia Beach is 40% of
the SPSA business, but only has one vote with the SPSA Board. Most of the other municipalities will have
a huge savings in their tipping fees. This is not a level playing field to raise the cost for some of the
City's citizens and businesses.
Mr. Hadfield advised SPSA does not have a vote, this issue of Flow Control must be voted on by each of
the member communities.
Councilman DeSteph suggested this issue be DEFERRED. He had composed a list of questions which are
hereby made a part of the record. Councilman DeSteph wished responses as well as Staff review of the
Richmond model and other areas similar to Virginia Beach concerning computation of rates. Later
tonight or tomorrow, a model will be received from SPSA relative this issue. Councilman DeSteph is
concerned re the long term vision for dealing with trash after 2018 or after SPSA. The fees for the tipping
or for trash collection are taken out of the General fund or the funds generated from Real Estate taxes.
Councilman DeSteph believes the staff needs to calculate what the projected tipping would be under Flow
Control; however, detailed data is necessary from SPSA. The City of Chesapeake pays for trash removal
of their small businesses at the present time. Councilman DeSteph inquired re the costs of the contracts
or contract for municipal and schools for trash removal and the potential impact on local and small
businesses. The operating budget is approximately $100-MILLION for the current fiscal year and debt
service on the $240-MILLION of debt is $35-MILLION this year (or 35%). Debt service goes to $40-
MILlON for the next five (5) years before tapering off the last two (2) years. A detailed pro forma is to be
presented at the SPSA Board meeting on Wednesday which will cover this and other debt as well as
operational issues through 2018. Most corporations would not be able to operate spending 35% to 40%
of their operational budget to service their debt. Councilman Desteph inquired how much of the trash
from Virginia Beach, the regional participants and out of state goes to the "waste-to-energy" plant.
Councilman DeSteph does not understand the urgency for passing this ordinance.
Mr. Hadfield advised the commercial haulers are taking their material to the transfer stations and still
getting the reduced rate of $28. 00 SPSA is hauling the material to the landfill or the waste-to-energy
plant. Portsmouth's waste goes to the waste-to-energy plant without any transfer and pays the same rate
as Southampton County, which has to have its waste transferred. This same philosophy has transferred
over to the commercial contract as well. Vice Mayor Jones believes there should be equity between the
commercial and taxpayers' rates.
Councilman Diezel advised as two (2) projected transfer stations are on line, this will increase the debt
service. Mr. Hadfield advised the thirty-nine (39) personnel positions were cut. Mr. Hadfield advised
approximately $1-MILLION in out-ofstate municipal waste would be discontinued.
November 27, 2007
- 5 -
CITY MANA GER'S BRIEFING
FLOW CONTROL
ITEM # 57069 (Continued)
Vice Mayor Jones believes Virginia Beach needs to devise a plan for what may occur after 2018. Mr.
Davenport advised a plan is being developed and he will share that with City Council within the next two
months. The City Manager advised the Mayors and Chairs requested the City Managers get together
through the Hampton Roads Planning District Commission to provide a proposal re the post 2018 issue.
This proposal has been received and copies shall be provided.
November 27, 2007
- 6 -
CITY COUNCIL COMMENTS
3:50 P.M
ITEM # 57070
Council Lady Henley clarified concerns expressed previously re Historical Preservation. Historic
Preservation was addressed at the Retreat. Council Lady Henley does not believe the City has a strong
program to assist private owners to preserve historic structures. The longer the delay in developing a
stronger program, more historic structures will be lost. Council Lady Henley is aware of some very
significant historic structures eminently threatened. If no action is taken soon, Council Lady Henley feels
these structures will be lost. Council Lady Henley suggested the City pursue a more attractive tax
incentive program for these properties privately owned. Other methods must be found to encourage
private property owners to value and preserve their historic structures. The City needs to move forward
with this issue as soon as possible. The concept of Historic Preservation is not new. There have been at
least three (3) inventories of historic buildings and sites (1989/1990/1992/1994). The PMA Study
encompassed a Historic Resource Management Plan.
Council Lady Henley has requested the City Attorney's office research some of the state and local
regulations as well as other localities concerning Historical Preservation.
The City Attorney advised he is currently coordinating with the Planning Department to bring this
information forward. At the present time, information is being collected.
The Historic Sites Organizing Committee will present information to City Council during their January
8, 2008, Session.
November 27, 2007
- 7 -
AGE N DA REV I E W S E S S ION
4:20 P.M.
ITEM # 57071
Councilman Diezel distributed:
Amended Ordinance to establish a retirement allowance for
sworn Police Officers, full-time Firefighters and Emergency
Medical Technicians at 1.85 percent of average final
compensation.
The City Attorney advised the Virginia Retirement System believes further action needs to be taken.
VRS desired this action to be irrevocable. Language was also requested re the City Manager being
authorized and directed in the name of the City of Virginia Beach to execute any required contract to
carry out this irrevocable election and to do any other thing or things incident and necessary in the
lawful conclusion of this matter.
The City agrees to pay the employer cost for providing the 1.85
Multiplier to all who are now, or who may be in the future City
employees, re Section 138 Coverage by the City of Virginia Beach by
ordinance or resolution pursuant to this irrevocable election.
ITEM # 57072
Councilman Diezel distributed the Entry Level Police and Fire Salary Survey, as of November 20, 2007,
and Resolution to Address Public Safety Pay Compression Disparities (ADOPTED February 7, 2006).
Councilman Diezel referenced Section 3:
Prior to December 1, 2007, a revised step plan shall be submitted to
Council for review and discussion so it may be considered as part of
the fiscal year 08-09 budget.
Because of multiple cost considerations, Councilman Diezel would not recommend the revised step plan
be submitted at this time. The structure of the step plan has not been finalized.
Councilman Diezel wished this item be ADDED to the AGENDA to DELETE the December I, 2007,
deadline date in the February 7, 2006, Resolution to address Public Safety pay compression disparities.
Councilman Wood referenced the Salary Survey and the statement: "No Match to the Newport News
Firefighter/Medic Recruit. *Newport News recruits graduate from Fire Academy at the level of
Firefighter/Medic (EMT Intermediate) ". Councilman Wood understands the City of Virginia Beach will
be graduating its recruits as EMT Intermediate. Councilman Wood requested this statement be
reviewed.
Fagan Stackhouse, Director - Human Services, advised the new payroll system will be in place by April
First, but the revised step plan to be contained on this system would not be effective until July First.
Council Lady Henley requested a similar comparison of Deputy Sheriffs.
November 27, 2007
- 8 -
AGE N DA REV IE W S E S S ION
ITEM # 57073
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
I. RESOLUTION/ORDINANCE
1. Resolution to REFER Ordinances re the AICUZ program to the Planning
Commission:
a. AMEND 9 405, 1802, 1803, 1804, 1805, 1806 and 1807 of the City Zoning
Ordinance (CZO) establishing restrictions on development of property within the
65-70 dB DNL Noise Zone and lnterfacility Traffic Area (ITA) and ADDING
provisions pertaining to redevelopment
b. AMEND the Comprehensive Plan by incorporating provisions pertaining to the
65-70 dB DNL Noise Zone and lnterfacility Traffic Area (ITA) and a map of
Sub-Areas 1, 2 and 3 within the 65-70 dB DNL Noise Zone
c. AMEND the official zoning map by ADDING Sub-Areas 1, 2 and 3 within the
65-70 dB DNL Noise Zone
2. Ordinance to A UTHORIZE a temporary encroachment into a portion of City property
known as 52nd Street,for KATHLEEN MAGARITY at the front of221 52nd Street
Street, to replace existing concrete steps.
DISTRICT 5 - LYNNHA VEN
City Council will consider ADDING the item to the Council Agenda re the 1.85% Multiplier.
November 27, 2007
- 9-
AGENDA RE VIE W SESSION
ITEM # 57074
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA
J. PLANNING - NO ACTION
1. Application of SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC.,
for Change of Zoning District Classification from R-7.5 Residential District to
Conditional A-12 Apartment District on the east side of Zurich Arch re the
construction of a ten (J 0) unit residential condominium.
DISTRICT 3 - ROSE HALL
THIS ITEM WILL BE DEFERRED to JANUARY 2008
.K. PLANNING
1. Application of BEACH INVESTMENT CORPORATION for the
discontinuance, closure and abandonment of portions of an alley at Aqua
Lane and South Atlantic Avenue (Croatan Beach).
DISTRICT 6 - BEACH
2. Applications of SOUTHEAST MARINE GROUP, LLC, re dry storage for
boats and trailers, a restaurant, pool and recreational area at 2272 Old
Pungo Ferry Road:
DISTRICT 7 - PRINCESS ANNE
a. Variance to ~5B of the Site Plan Ordinance, Floodplain
Regulations and to the Southern Watersheds Management
Ordinance re proposed encroachments
b. Modification of Conditions to add certain facilities on a Conditional
Use Permit (approved April 11, 1966)
3. Application of CORAL DEVELOPMENT, L.L.C., re singlefamily
lots at Atwoodtown Road and Sandbridge Road:
DISTRICT 7 - PRINCESS ANNE
a. Variance to S5B of the Site Plan Ordinance, Floodplain Regulations
re fill
b. Change of Zoning District Classification from AG-2 Agricultural
District to Conditional R-15 Residential District with a PD-H2
Planned Unit Development District Overlay
4. Application of VIRGINIA BEACH BEACON BAPTIST CHURCH for a
Modification of Conditions to a Conditional Use Permit (approved
November 9, 1987) re two (2) temporary modular classrooms at 2301
Newstead Drive.
DISTRICT 7 - PRINCESS ANNE.
November 27, 2007
- 10 -
AGE N DA REV IE W S E S S ION
ITEM # 57075
5. Application of THE SA VIN COMPANY, LLC, for a Conditional Use
Permit re a car wash at 820 South Military Highway near Indian River
Road
DISTRICT 1 - CENTERVILLE
6. Application of JEB TOLLEY for a Conditional Use Permit re a bingo hall
at 2644 Barrett Street.
DISTRICT 6 - BEACH
7. Application of NEW CINGULAR WIRELESS PCS, L.L.C., for a
Conditional Use Permit re a communications tower at 1052 Cardinal
Road
DISTRICT 5 - LYNNHA VEN
8. Application ofCINGULAR WIRELESSfor a Conditional Use Permit re a
communications tower, antennas and equipment at 4021 Charity Neck
Road
DISTRICT 7 - PRINCESS ANNE
Item K.2 (SOUTHEAST MARINE GROUP, LLC) shall be DEFERRED, BY CONSENT, until the City
Council Session of December 11, 2007.
Council Lady McClanan shall vote a VERBAL NAY on Item K.6. (JEB TROLLEY)
Councilman Wood shall ABSTAIN on Item K.6 (JEB TROLLEY)
Items K. 7 (NEW CINGULAR WIRELESS) and K.8 (CINGULAR WIRELESS) shall be DEFERRED
INDEFINITERLY, BY CONSENT.
November 27, 2007
- 11 -
ITEM # 57076
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 amendedJor 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)(l)
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: Norfolk Southern Right-of Way
Hampton Roads Recovery, LLC
PUBLIC CONTRACT: discussion of the award of a public contract
involving the expenditure of public funds, and discussion of the terms or
scope of such contract, where discussion in an open session would
adversely affect the bargaining position or negotiating strategy of the
public body, pursuant to Section 2.2-3711 (A) (30)
Flow Control
Ash and Residue Contract
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).
Flow Control
Hampton Roads Recovery, LLC
Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council voted to proceed
into CLOSED SESSION at 4:43 P.M.
November 27, 2007
- 12 -
ITEM # 57076 (Continued)
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley,
Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
(Break: 4:45 P.M. - 5:00 P.M.)
(Closed Session: 5:00 P.M. - 5:47 P.M.)
(Dinner: 5:47 P.M. - 6:07 P.M.)
November 27, 2007
- 13 -
FORMALSESSION
VIRGINIA BEACH CITY COUNCIL
November 27,2007
6:07 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, November 27, 2007, at 6:07 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, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
INVOCATION: Reverend Richard Keever,
Pastor, Bayside Presbyterian Church
Mayor Oberndorf advised Reverend Keever celebrated his twenty-fifth Anniversary with Bayside
Presbyterian Church and thanked him for being "on call" to the City for the last twenty-five years.
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.
November 27, 2007
II, I
- 14 -
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.
November 27, 2007
- 15 -
Item V-E.
CERTIFICATION OF CLOSED SESSION
ITEM # 57077
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: 11-0
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, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 27, 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 #57076, Page ll, 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 th Hodges Fraser, MMC
City Clerk
November 27,2007
- 16-
Item V-F.]
CERTIFICATION OF CLOSED SESSION
ITEM # 57078
Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of November 13, 2007.
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley,
Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Harry E. Diezel
Council Members Absent:
None
Council Member Diezel ABSTAINED as he was out of the City on business during the City Council
Workshop.
November 27, 2007
- 17 -
Item V-G.1
MAYOR'S PRESENTATION
ITEM 57079
Mayor Oberndorf recognized the following Boy Scouts in attendance to fulfill requirements for their
"Communication and Citizenship in the Community" merit badges:
Troop 364
Bayside Presbyterian Church
Will Hoppa
Troop 481
St. Aidens Episcopal church
Ryan Dougherty
Mayor Oberndorf presented the Scouts City Seal pins
November 27, 2007
- 18 -
Item V-G.2.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM 57080
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
ADDED:
Amended Ordinance to establish a retirement allowance for
sworn Police Officers, full-time Firefighters and Emergency
Medical Technicians at 1.85 percent of average final
compensation.
November 27, 2007
- 19-
Item V-G.3.
ADD-ON
ITEM 57081
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADDED to the
Consent Agenda as Item 13:
Amended Ordinance to establish a retirement allowance for sworn
Police Officers, full-time Firefighters and Emergency Medical
Technicians at 1.85 percent of average final compensation.
Voting: 11-0
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, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 27, 2007
- 20-
Item V-I
RESOLUTION/ORDINANCES
ITEM #57082
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION Resolution/Ordinances 1a/b/c, 2, and 3 (ADDED)) of the CONSENT AGENDA.
Voting:
11-0 (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, Ron A. Villanueva, Rosemary Wilson and James
1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 27, 2007
- 21 -
Item v'l1.alblc.
RESOLUTION/ORDINANCES
ITEM #57083
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution to REFER Ordinances re the AICUZ program to the Planning
Commission:
a. AMEND S 405, 1802, 1803, 1804, 1805, 1806 and 1807 of the City Zoning
Ordinance (CZO) establishing restrictions on development of property within the
65-70 dB DNL Noise Zone and Interfacility Traffic Area (ITA) and ADDING
provisions pertaining to redevelopment
b. AMEND the Comprehensive Plan by incorporating provisions pertaining to the
65-70 dB DNL Noise Zone and Interfacility Traffic Area (ITA) and a map of
Sub-Areas 1, 2 and 3 within the 65-70 dB DNL Noise Zone
c. AMEND the official zoning map by ADDING Sub-Areas 1, 2 and 3 within the
65-70 dB DNL Noise Zone
Voting:
11-0 (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, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 27, 2007
1 A RESOLUTION REFERRING TO THE PLANNING
2 COMMISSION AN ORDINANCE TO AMEND AND REORDAIN
3 THE CITY ZONING ORDINANCE BY AMENDING SECTIONS
4 405, 1802, 1803, 1804, 1805, 1806 AND 1807 OF THE CITY
5 ZONING ORDINANCE, ESTABLISHING RESTRICTIONS ON
6 DEVELOPMENT OF PROPERTY WITHIN THE 65-70 dB DNL
7 NOISE ZONE AND INTERFACILlTY TRAFFIC AREA AND
8 ADDING PROVISIONS PERTAINING TO REDEVELOPMENT
9 OF PROPERTY IN AIR INSTALLATIONS COMPATIBLE USE
10 NOISE ZONES; AN ORDINANCE TO AMEND THE
11 COMPREHENSIVE PLAN BY INCORPORATING
12 PROVISIONS PERTAINING TO THE 65-70 dB DNL NOISE
13 ZONE AND INTERFACILlTY TRAFFIC AREA AND A MAP OF
14 SUB-AREAS 1, 2 AND 3 OF THE 65-70 dB DNL NOISE ZONE;
15 AND AN ORDINANCE TO AMEND THE OFFICIAL ZONING
16 MAP BY THE ADDITION OF SUB-AREAS 1, 2 AND 3 OF THE
17 65-70 dB DNL NOISE ZONE
18
19 WHEREAS, the public necessity, convenience, general welfare and good zoning
20 practice so require;
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That the above-entitled ordinances, copies of which are hereto attached, are
26 hereby referred to the Planning Commission for its consideration and recommendation.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 27th
day of November, 2007.
1 AN ORDINANCE TO AMEND THE OFFICIAL
2 ZONING MAP BY THE ADDITION OF SUB-
3 AREAS 1, 2 and 3 OF THE 65-70 dB DNL
4 NOISE ZONE
5
6 WHEREAS, the public necessity, convenience, general welfare and good zoning
7 practice so require;
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 That the official zoning map of the City of Virginia Beach be, and hereby is,
13 amended to incorporate Sub-areas 1, 2 and 3 of the 65-70 dB DNL Noise Zone, as shown
14 on a series of sheets marked and identified as such, and which have been displayed
15 before the City Council this date and are on file in the Department of Planning.
16
17
18 COMMENT
19 The ordinance amends the zoning map to incorporate and designate Sub-areas 1,2 and 3 of the
20 65-70 dB DNL Noise Zone. Each of the three sub-areas is subject to different restrictions on
21 discretionary development, as set forth in Section 1804 of the City Zoning Ordinance.
22
23
Adopted by the City Council of the City of Virginia Beach on this
day of
24
,2007.
25
26
27
28
29
30
31
32
33
34
CA-10508
R-3
September 27, 2007
Approved as to Content:
r.
APp~~e~ as to Legal S~ffiCien7
tl: , It(;ff ).() " ;1 .
City Attorney's Office
1 AN ORDINANCE TO AMEND THE COMPREHENSIVE
2 PLAN BY INCORPORATING PROVISIONS PERTAINING
3 TO THE 65-70 dB DNL NOISE ZONE AND THE
4 INTERFACILlTY TRAFFIC AREA AND A MAP OF SUB-
5 AREAS 1, 2 AND 3 OF THE 65-70 dB DNL NOISE ZONE
6
7 WHEREAS, the public necessity, convenience, general welfare and good zoning
8 practice so require;
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12
13 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is,
14 amended and reordained by the addition of the underlined portions, and the deletion of
15 the stricken portions, of the excerpts from the Comprehensive Plan shown on that
16 certain document entitled "EXHIBIT A - RECOMMENDED AMENDMENTS TO THE
17 COMPREHENSIVE PLAN POLICY DOCUMENT CHAPTERS 1, 3 and 5, AND THE
18 PRINCESS ANNE CORRIDOR STUDY," such document being attached hereto and
19 made a part hereof, and which includes that certain map entitled "City of Virginia Beach
20 - Sub-areas 1, 2 and 3 of the 65-70 dB DNL Noise Zone, January 2008", such map
21 having been exhibited to the City Council and on file in the Department of Planning.
22
23 COMMENT
24
25 The ordinance amends the Comprehensive Plan by incorporating provisions pertaining to
26 development in the 65-70 dB DNL Noise Zone and in the Interfacility Traffic Area. The
27 amendments also incorporate a map of Sub-areas 1, 2 and 3 of the 65-70 dB DNL Noise Zone into
28 the Comprehensive Plan.
29
30 Adopted by the Council of the City of Virginia Beach, Virginia, on this
31 day of
,2008.
CA-10507
R-5
November 14, 2007
APPROVED AS TO LEGAL SUFFICIENCY:
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EXHIBIT A
RECOMMEND AMENDMENTS TO THE COMPREHENSIVE PLAN POLICY
DOCUMENT CHAPTERS 1,3 AND 5, AND THE PRINCESS ANNE CORRIDOR
STUDY
Added text is underlined. Deleted text is stricken.
Chapter 1
Introduction
Page 13
A strong military presence in the community
In 2004, the cities of Virginia Beach, Chesapeake and Norfolk joined with the Navy and
the Hampton Roads Planning District Commission to craft a regional Joint Land Use
Study. This study, adopted as part of the Comprehensive Plan, was approved in May of
2005 by the regional JLUS Policy Committee and all participating cities. It addresses
issues related to land use compatibility and clarifies the strategic and operational
objectives of the participating jurisdictions and the Navy. It also embodies a series of
recommendations regarding policies, regulations and programs designed to balance local
government's land use planning responsibilities and the military's operational readiness
objectives.
Since 2005, the City has adopted and refined a series of Oceana Land Use Conformity
plans, policies and ordinances. These amendments to the Comprehensive Plan and
Zoning Ordinance provide greater land use conformity with military operation
requirements. Further, administrative procedures outlined in a 'Memorandum of
Understanding' are in place and have significantly increased the Navy's participation in
the process of reviewing and commenting on pending discretionary developments within
AICUZ affected areas. See map below that outlines noise zones, accident potential zones
and special areas of review including the Resort Area, Interfacility Traffic Area and sub-
areas within the 65-70 dB DNL Noise Zone.
The City Council also created the Oceana Land Use Conformity Committee in 2006 to
oversee progress in this area and to recommend ways to reduce the amount of non-
conforming development around NAS Oceana - assuring that such actions do not
adversely impact affected neighborhoods.
The City's has also made significant progress toward the purchase, from willing sellers,
of qualified residential properties located in the Accident Potential Zone l/Clear Zone
and the Interfacility Traffic Area.
1
These measures demonstrate the city's commitment to retain NAS Oceana as the Navy's
east coast Master Jet Base by maximizing land use conformity while doing so in a
manner that respects the integrity of established neighborhoods.
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Legend
~~ : AICUZ NOISE ZONES
1M 65.l0dB SUB-AREA 1
65-l0dB SUB-AREA 2
~ 65-l0dB SUB-AREA 3
~ITA
RURAL AREA
RURAL AREA FLOODPLAINS
100-YR. FLOODPLAIN
ABOVE 100-YR. FLOODPLAIN
....., GREENLlNE
_ARP
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pellormonceoJlhedala.
City of Virginia Beach
Noise Zones 65-70dB DNL
SUB-AREAS
~~';:~~;l}:;~~~
2
Chapter 3
Primary Residential Area
General Booth Boulevard Corridor
Page 103
South General Booth Boulevard Corridor
General Booth Boulevard is the primary road arterial serving the easternmost part of the
Courthouse/Sandbridge Planning Area, north of the Green Line. Three distinctly
different land use nodes exist along this arterial roadway: the Dam Neck Node; the
Corporate Landing Area Node; and the Nimmo Church Node.
Along this corridor and especially within these nodes development proposals must be
consistent with the AICUZ Overlay Ordinance provisions that and should not contribute
to strip commercial development, sprawl, or any disorderly arrangement of uses. Of
particular importance is the need for future development in this corridor area to achieve a
minimum reasonable density or intensity to be consistent with the provisions of the City
AICUZ provisions and in ordor to protect and enhance the character of existing
neighborhoods. Such residential development should include affordable workforce
housing units.
Page 106
Nimmo Parkway / General Booth Boulevard Intersection Area
Future land use, site design and building architecture should complement the historic
character of this area as defined by Nimmo Church. No structure in this area should
exceed the 60' height of the Nimmo Church steeple. The tract on the northeast comer of
Nimmo Parkway and General Booth Boulevard should preserve and integrate into the site
design the historic Hickman House, an 18th Century tavern. The portion of the parcel on
which the house is situated and the surrounding property is suitable for a range of
compatible residential and non-residential uses including neighborhood office, a quality
restaurant and limited retail uses. The site and building design must respect and
complement the integrity of the Hickman House. There should be no more than one
ingress point on General Booth Boulevard and one on Nimmo Parkway.
The tract on the southeast comer of Nimmo Parkway and General Booth Boulevard is
planned for neighborhood office use for parcels located along General Booth Boulevard
and single-family residential use behind the office use at densities compatible with the
existing residential development in this area. If possible, road'.vays serving the proposed
single family deyelopment should connect to the existing single family area to the east.
Vehicular access for proposed development should be limited to no more than one point
on either Nimmo Parkway or General Booth Boulevard.
3
Page 122
South Rudee Heights
An attractive, low-intensity and non-residential plan of development is recommended for
The type and design of low density single family dwellings on the property located north
of the Virginia Marine Science Museum Aquarium and south of Rudee Heights." Such
development should be carefully planned and designed to ensure land use compatibility
with the adjoining museum aquarium and established residential areas.
Chapter 5
Princess Anne !Transition Area
Page 142-A
Interfacility Traffic Area
The western part of the Transition Area, comprising the 65 dB DNL or greater noise
zones, is known as the Interfacility Traffic Area (IT A). It is an area subject to frequent
military jet flyovers due to its location along a direct flight path between Naval Air
Station Oceana and Alternate Landing Naval Auxiliary Landing Field Fentress. As such,
land use planning policies have been established for the IT A aHEl that restrict additional
residential development beyond that allowed by right. In many cases, especially for
properties zoned for agricultural uses, this v;ould translate to no more that one lot per 15
acres of developable land. Further, these policies recognize appropriate development
opportunities for those non-residential uses and align with the city's Oceana Land Use
Conformity Program, the Air Installations Compatible Use Zone (AICUZ) provisions and
general planning principles as outlined in this Comprehensive Plan. It is recommended
that a master plan for the IT A be conducted to provide more land use planning guidance
regarding particular subareas.
In an effort to reduce future incompatible development. the City has purchased a number
of properties from willing sellers in the ITA. As of fall of 2007, over $3 Million have
been used for this purpose. In addition, the u.S. Navy has received federal approval to
appropriate of over $3 Million to advance land use conformity goals through voluntary
purchase of property located in the ITA.
The City Council approved the Hnmpton Roads Joint Land use Study on May 10,2005.
This document includes a Memorandum of Understanding between the City of Virginia
Beach and U.S. Navy that, in part, provides guidelines for comprehensive plan
adjustments to certain tracts of land in the western portion of the Princess
Aooe/Transition f..rea identified by the Navy as the 'Interfacility Traffic Area'. The IT,^..
is subject to a high volume of military jet traffic between NAS Oceana and ,\LF Fentress
and the city recognizes the importance of incorporating appropriate planning policies for
this area, consistent with the approved JLUS provision, as follov;s:
4
· \Vithin the IT.^..., noise zone 75+ DNL retain the agricultural zoning of one
residential lot per 15 acres of de'.'elopable land.
· Within the ITA, noise zone 70 to 75+ DNL density of residential
development should not exceed one lot per five acres of deyelopable land,
depending upon the degree to which eaeh de':elopment proposal meets the
City's defined criteria.
· 'Within the IT.^..., noise zones less than 70 DNL, density of residential
development should not exeeed one lot per acre of de':elopable land,
depending upon the degree to \vhich each development proposal meets the
City's defined criteria.
Princess Anne Corridor Study
Page 24
V1. Land Use Recommendations
These general recommendations apply to all Sub-Areas:
2. Air Installation Compatible Use Zone (AICUZ) and Accident Potential Zone (APZ):
New development or redevelopment should not include any housing, hotel or other uses
that may be deemed by the city to be incompatible within applicable noise zones or APZ's.
In further effort to address the U.S. Navy's AICUZ obiectives and those of the City's
Oceana Land Use Conformity policies, residential densities proposed for developments
within the Princess Anne Corridor Study Sub-Areas should not exceed those that exist
within surrounding neighborhoods.
5
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Legend
AICUZ NOISE ZONES
W~ 65.70dB SUB-AREA 1
: 65.70dB SUB.AREA 2
,. 65-70dB SUB-AREA 3
_ITA
RURAL AREA
RURAL AREA FLOODPLAINS
100.YR. FLOODPLAIN
ABOVE 100-YR. FLOODPLAIN
...... GREENLlNE
BARP
il'
'.\.;~::./
Noise Zones 55-70dB DNL
SUB.AREAS
Ot-cember 2007
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I
1 AN ORDINANCE TO AMEND SECTIONS 405, 1802, 1803,
2 1804, 1805, 1806 AND 1807 OF THE CITY ZONING
3 ORDINANCE, ESTABLISHING RESTRICTIONS ON
4 DEVELOPMENT OF PROPERTY WITHIN THE 65-70 dB
5 DNL NOISE ZONE AND INTERFACILlTY TRAFFIC AREA
6 AND ADDING PROVISIONS PERTAINING TO
7 REDEVELOPMENT OF PROPERTY IN AIR
8 INSTALLATIONS COMPATIBLE USE NOISE ZONES
9
10
11 WHEREAS, the public necessity, convenience, general welfare and good zoning
12 practice so require;
13
14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16
17 That Sections 405, 1802, 1803, 1804, 1805, 1806 and 1807 of the City Zoning
18 Ordinance are hereby amended and reordained to read as follows:
19
20
21 ARTICLE 4. AGRICULTURAL DISTRICTS
22
23
24
25 Sec. 405. Alternative residential development pursuant to conditional use
26 permits.
27
28 Except as provided in Section 1806. as As an alternative to the residential
29 development permitted by right in the agricultural districts, the city council may 3'N3rd
30 grant a conditional use permit to allow residential development at a density greater than
31 that which is permitted by right. The following regulations shall apply to residential
32 development outside of the Interfacility Traffic Area in the AG-1 and AG-2 Aqricultural
33 Districts pursuant to conditional use permits this section:
34
35
36
37 COMMENT
38
39 The amendments effectively provide that the alternative residential development option is
40 not available for agriculturally-zoned property within the Interfacility Traffic Area (ITA),
41 effectively limiting residential development on such property to one (1) dwelling unit per fifteen
42 (15) acres of developable land, as provided in City Zoning Ordinance Section 401.
43
44 Other revisions are stylistic and have no substantive effect. The omitted language
45 represented by the ellipsis on Line 35 sets forth development standards for the alternative
46 residential development option and has no relevance to this ordinance.
47
48 ARTICLE 18. SPECIAL REGULATIONS IN AIR INSTAllATIONS COMPATIBLE USE
49 ZONES (AICUZ)
50
51 A. OVERLAY DISTRICT REGULATIONS
52
53 Sec. 1800. Title.
54
55 This article shall be known as the Air Installations Compatible Use Zones
56 (AICUZ) Overlay Ordinance of the City of Virginia Beach.
57
58 Sec. 1801. Purpose and intent.
59
60 The purpose of this article is to regulate, in a manner consistent with the rights of
61 individual property owners and the requirements of military operations at Naval Air
62 Station (NAS) Oceana, development of uses and structures that are incompatible with
63 military operations; to sustain the economic health of the city and Hampton Roads
64 Region; to protect and preserve the public health, safety and welfare from the adverse
65 impacts associated with high levels of noise from flight operations at NAS Oceana and
66 the potential for aircraft accidents associated with proximity to airport operations; and to
67 maintain the overall quality of life of those who live, work and recreate in the City of
68 Virginia Beach.
69
70 Sec. 1802. Findings.
71
72 The city council hereby finds that:
73
74 (a) Naval Air Station (NAS) Oceana was first established as an auxiliary airfield
75 in 1943 and was designated as a major Navy jet air base in the 1950s. It is now one of
76 the largest Navy air bases in the country and is the Master Jet Base for the Navy's
77 Atlantic Fleet. NAS Oceana is a vital component in the architecture of the Defense
78 Department's joint service method of operational planning and execution and in the
79 newly-emerging inter-agency approach to meeting homeland defense requirements;
80
81 (b) NAS Oceana is the single largest employer in the City of Virginia Beach. In
82 2003, it had a gross annual payroll of over seven hundred fifty million dollars
83 ($750,000,000.00) and spent another four hundred million dollars ($400,000,000.00) for
84 goods and services. In that year, over twelve thousand (12,000) personnel, comprised
85 of nearly nine thousand eight hundred (9,800) military and over two thousand five
86 hundred (2,500) civilian employees, were employed there. Most of those employees live
87 within the community, infusing additional benefits into the local economy, primarily
88 through spending and spousal employment salaries. When considering the personal
89 impact of the military in the community, the economic benefit exceeds one billion dollars
90 ($1,000,000,000.00) annually;
91
2
92 (c) There are more than thirty thousand (30,000) acres of land in areas within
93 the 70-75 dB DNL or >75 dB DNL Noise Zones and approximately 16,500 acres of land
94 within the 65-70 dB DNL Noise Zone. Approximately four thousand... two three hundred
95 (~ 4,300) acres of this land is encumbered by easements or restrictive covenants
96 that limit the uses of the land to those that are not incompatible with flight operations
97 arising out of NAS Oceana;
98
99 (d) Since the installation's inception, development of a type deemed
100 incompatible under the Navy's AICUZ Program has occurred, such that the Navy has
101 voluntarily modified flight arrival and departure procedures, thereby resulting in flight
102 procedures and training that do not replicate actual aircraft carrier operating procedures.
103
104 (e) In August 2005, the Base Realignment and Closure (BRAC) Commission
105 added to the list of installations to be closed or realigned the recommendation to realign
106 NAS Oceana by relocating the Atlantic Fleet's East Coast Master Jet Base to Cecil Field
107 in Jacksonville, Florida if, among other things, the cities of Virginia Beach and
108 Chesapeake fail to enact and enforce legislation to prevent further encroachment of
109 NAS Oceana by the end of March 2006 by adopting zoning ordinances that require the
110 governing bodies to follow Air Installations Compatibility Use Zone (AICUZ) guidelines
111 in deciding discretionary development applications for property in noise level 70 dB day
112 night average noise level (DNL) or greater;
113
114 (f) The closure or realignment of NAS Oceana would have serious adverse
115 economic consequences to the city and the region; and
116
117 (g) In 2004 and 2005, the City of Virginia Beach, along with the cities of Norfolk
118 and Chesapeake, joined with the Navy and the Hampton Roads Planning District
119 Commission to craft a regional joint land use study (JLUS). Among the
120 recommendations of the JLUS was that the city adopt an ordinance applicable in all
121 noise zones greater than 65 dB DNL to help prevent encroachment at NAS Oceana.
122 The JLUS was accepted by resolution of the city council in May of 2005 and the city
123 council directed that appropriate ordinances implementing the recommendations of the
124 JLUS be brought forward for its consideration.
125
126 COMMENT
127
128 The amendments add to the findings set forth in the ordinance information concerning the
129 acreage of land within the 65-70 dB DNL Noise Zone and update the information concerning the
130 acreage under Navy easements.
131
132 Sec. 1803. Applicability.
133
134 (a) Area of applicability. Except as provided in Section 1805 and in Part B of
135 this Articlo, the The provisions of this Article shall apply to discretionary development
136 applications for any property located within an Accident Potential Zone (APZ) or Noise
137 ~ 65-70 dB DNL, 70-75 dB DNL or >75 dB DNL Noise Zone, as shown on the
3
138 official zoning map, that have not been approved or denied by the City Council as of the
139 date of adoption of this Article. For purposes of this Article, discretionary development
140 applications shall include applications for:
141
142 (1) Rezonings, including conditional zonings;
143
144 (2) Conditional use permits for new uses or structures, or for alterations or
145 enlargements of existing conditional uses where the occupancy occupant
146 load would increase;
147
148 (3) Conversions or enlargements of nonconforming uses or structures, except
149 where the application contemplates the construction of a new building or
150 structure or expansion of an existing use or structure where the total
151 occupancy occupant load would not increase; and
152
153 (4) Street closures where the application contemplates the construction of a
154 new building or structure or the expansion of a use or structure where the
155 total occupancy occupant load is increased.
156
157 COMMENT
158
159 The changes to this section are stylistic in nature and have no substantive effect.
160
161 Sec. 1804. Discretionary development applications; city council policy.
162
163 (a) City Council policv. Except as otherwise provided in section 1806 this
164 Article, it shall be the policy of the city council that no application included within the
165 provisions of section Section 1803 shall be approved unless the uses and structures it
166 contemplates are designated as compatible!! under Table 1 below and, if applicable,
167 Table 2.. unless the city council finds that no reasonable use designated as compatible
168 under the applicable table or tables can be made of the property. In such cases, the city
169 council shall, subject to the provisions of section 1806(a), approve the proposed use of
170 property at the least lowest density or intensity of development that is reasonable.
171
172 (b) Tables. The following tables show the uses designated as compatible (Y)
173 and those designated as not compatible (N) in each listed noise zone Noise Zone
174 (Table 1) or accident potential zone Accident Potential Zone (Table 2). The designation
175 of any use as Compatible compatible shall not be construed to allow such use in any
176 zoning district in which it is not permitted as either a principal or conditional use.
177
178 TABLE INSET:
179
TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE
COMPATIBILITY IN NOISE ZONES
4
Land Use Land Use
Compatibility
Land Use Name 70-75 dB >75 dB
DNL DNL
Residential and Related
Single-family dwellings N N
Semidetached dwellings N N
Attached dwellingsltownhouses N N
Duplexes N N
Multiple-family dwellings N N
Dormitories and other group quarters N N
Mobile home parks N N
Hotels and motels N N
Other residential uses N N
Manufacturing
Food & kindred products; manufacturing Y y
Textile mill products; manufacturing Y y
Apparel and other finished products; products made from y y
fabrics, leather and similar materials; manufacturing
Lumber and wood products (except furniture); y y
manufacturing
Furniture and fixtures; manufacturing Y y
Paper and allied products; manufacturing Y y
Printing, publishing, and allied industries Y y
Chemicals and allied products; manufacturing Y y
Petroleum refining and related industries Y Y
Rubber and misc. plastic products; manufacturing Y Y
Stone, clay and glass products; manufacturing y y
Primary metal products; manufacturing Y y
Fabricated metal products; manufacturing y y
5
Professional scientific, and controlling instruments; y y
photographic and optical goods; watches and clocks
Miscellaneous manufacturing y y
Transportation, communication and utilities
Railroad, rapid rail transit, and street railway transportation Y y
Motor vehicle transportation y y
Aircraft transportation y y
Marine craft transportation y y
Highway and street right-of-way y y
Automobile parking y y
Communication y y
Utilities y y
Other transportation, communication and utilities y y
Trade
Wholesale trade y y
Retail trade - building materials, hardware and farm y y
equipment
Retail trade - general merchandise y y
Retail trade - food y y
Retail trade - automotive, marine craft, aircraft and y y
accessories
Retail trade - apparel and accessories y y
Services
Retail trade - furniture, home, furnishings and equipment Y y
Retail trade - eating and drinking establishments y y
Other retail trade y y
Finance, insurance and real estate services y y
Personal services y y
6
Cemeteries y y
Business services Y Y
Warehousing and storage Y Y
Repair services Y Y
Professional services Y Y
Hospitals, other medical fae. facilities Y N
Nursing homes N N
Contract construction services Y Y
Government services Y y
Educational services Y N
Miscellaneous Y y
Cultural, entertainment and recreational
Cultural activities (& churches) Y N
Nature exhibits N N
Public assembly halls N N
Auditoriums, concert halls Y N
Outdoor music shells, amphitheaters N N
Outdoor sports arenas, spectator sports Y N
Other outdoor recreational facilities Y Y
Indoor recreational facilities Y y
Campgrounds y N
Parks y N
Other cultural, entertainment and recreation Y N
Resource Production and Extraction
Agriculture (except live stock) Y y
Livestock farming y N
Animal breeding y N
Agriculture related activities Y y
7
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
Forestry activities Y y
Fishing activities Y Y
Mining activities Y Y
Other resource production or extraction Y Y
(c) Soecial reGulations in the 65-70 dB DNL Noise Zone. The following
requlations shall apply to discretionary development applications for residential uses on
property within the 65-70 dB DNL Noise Zone. Residential uses shall include all of the
uses listed under the headinq of "Residential and Related" in Table 1 of this section.
(1) For property within Sub-area 1 of the 65-70 dB DNL Noise Zone.
discretionary development applications for residential uses may be
qranted only if the City Council finds that the proposed
development:
(i) conforms to the applicable provisions of the City Zoning
Ordinance. includinq all reauirements of the zonina
district: and
(in conforms to the applicable provisions of the
Comprehensive Plan. includinq. without limitation. the
Oceanfront Resort Area Plan. Laskin Road Gateway
Desiqn Guidelines. Old Beach Desiqn Guidelines or
Oceanfront Resort Area Desiqn Guidelines.
(2) For property within Sub-area 2 of the 65-70 dB DNL Noise Zone.
discretionary development applications for residential uses may be
approved only if the City Council finds that the proposed
development:
(i) is at a density similar to or lower than that of surroundina
properties havinq a similar use and no qreater than
recommended by the Comprehensive Plan: and
(in conforms to the applicable provisions of the
Comprehensive Plan, includinq, without limitation. the
Princess Anne Corridor Study, Princess Anne
Commons Desiqn Guidelines, or Mixed Use
Development Guidelines.
8
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
(3) For property within Sub-area 3 of the 65-70 dB DNL Noise Zone. it
shall be the policy of the City Council that no application for a
residential use shall be approved unless the City Council finds that
no reasonable non-residential use can be made of the property, in
which event the City Council may allow the proposed residential
use of such property at the lowest density that is reasonable.
(d) Redevelopment. The provisions of this section shall not apply to
discretionary development applications for the redevelopment of property where the
proposed dwellinq unit density is the same as or lower than the actual dwellinq unit
density existinq at the time the application is submitted.
COMMENT
The substantive amendments to this section are in subsections (c) and (d).
Subsection (c) provides different standards for granting or denying discretionary
development applications for residential uses within the 65-70 dB DNL Noise Zone according to the
sub-area within that Noise Zone in which the subject property lies.
Two points must be noted: first, with one unlikely-to-occur exception (outdoor music shells
and amphitheatres), the only uses that are deemed incompatible under the OPNA V Instruction in
the 65-70 dB DNL Noise Zone are residential uses, which include all types of dwellings,
hotels/motels, trailer parks and dormitories. For that reason, the proposed development
restrictions in the 65-70 dB DNL Noise Zone address only residential development. Second, the
sub-areas themselves will be shown both on the City's zoning map and on a map in the
Comprehensive Plan as discrete areas within the 65-70 dB DNL noise contour (ordinances adding
the sub-areas to the Plan and the zoning map are being brought forward concurrently with this
ordinance).
The standards for granting discretionary development applications in the 65-70 dB DNL
Noise Zone are increasingly stringent in each higher-numbered sub-area, as follows:
In Sub-area 1 (the portion of the Resort Area within the 65-70 dB DNL Noise Zone),
discretionary development applications for residential uses may be approved only if the City
Council finds that they meet all applicable criteria of the City Zoning Ordinance and
Comprehensive Plan.
In Sub-area 2, such applications may be approved only if the City Council finds that the
proposed development is at a density similar to or lower than that of surrounding properties having
a similar use and no greater than recommended by the Comprehensive, and that it conforms to the
applicable provisions of the Comprehensive Plan. Sub-area 2 generally includes the portion of the
65-70 dB DNL Noise Zone from Rudee Inlet south to Indian River Road and west to Princess Anne
Road near the former TPC course.
In Sub-area 3, the most restrictive area, the same standards apply as in the 70-75 dB DNL
and >75 dB DNL Noise Zones, i.e., no discretionary development application for a residential use
may be approved if there is any reasonable non-residential use of the subject property. If no such
9
266 use exists, the City Council may allow the proposed use of such property at the lowest density that
267 is reasonable. Sub-area 3 includes essentially the remainder of the 65-70 dB DNL Noise Zone,
268 except for the portion within the Interfacility Traffic Area (which is addressed in Section 1806
269 below) and an area south of Indian River Road comprised almost exclusively of land in the
270 Agricultural Reserve Program or on which development is severely constrained by environmental
271 conditions.
272
273 Another significant change made by the proposed ordinance concerns redevelopment for
274 residential use. Subsection (d) exempts from the provisions of Section 1804 discretionary
275 development applications for residential uses when the application seeks the same or a lower
276 density than the existing density on the property. Thus, for example, if a rezoning application
277 seeking to redevelop property would, if granted, result in the same or a lower number of residential
278 dwelling units on the same property than actually exist at the time the application is made, the
279 AICUZ Overlay Ordinance would not apply.
280
281 Sec. 1805. Sound attenuation.
282
283 Sound attenuation measures shall be incorporated in any use or structure
284 located in the noise zones 65-70 dB DNL, 70-75 dB DNL or >75 dB DNL Noise Zones in
285 accordance with the requirements of the Virginia Uniform Statewide Building Code.
286
287 COMMENT
288
289 The changes to this section are stylistic only and have no substantive effect.
290
291
292 Sec. 1806. Allowable residential density in Interfacility Traffic Area.
293
294 (a) Subject to NotwithstandinQ the provisions of Section 402 (b) and 405
295 (Alternative Residential Development in Agricultural Districts), single family residential
296 development in agricultural districts shall be permitted as a conditional use at the
297 follo'l.'ing deneity in that portion of the Princess Annerrransition Area designated as on
298 property within the !!Interfacility Traffic Area~ on the official zoning map shall be limited
299 to sinQle-family dwellinQs at a density no Qreater than one (1) dwellinQ per fifteen (15)
300 acres of developable land.
301
302
303 Tt'\BLE INSET:
304
Noise Zone Maximum Permitted Density (Single Family D'.vellings)
70 75 dB DNL: One (1) per five (5) acree of developable land
>75 dB DNL: One (1) per fifteen (15) acres of developable land
305
306 (b) 'Nhore D tract of land is located within morc than one (1) noise zone, lots
307 shall be situated, to the extent practicable, on the portion of the tract within the lowest
10
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
noise zona. In such cases, the portion of the tract within the lowest noiso zona may
contain the entire number of dwellings allowable on the acreage of the entire tract.
COMMENT
The amendments limit residential development on property within the Interfacility Traffic
Area to one single-family dwelling per 15 acres of developable land.
Sec. 1807. Reservation of powers; severability.
(a) Nothing in this Article shall be construed to require the City Council to
approve any application solely because it meets the requirements of this Article, it being
the intention of this Article that the City Council shall be entitled to exercise its authority
in such applications to the fullest extent allowed by law.
(b) The provisions of this Article shall be severable, it being the intention of the
City Council that in the event one (1) or more of the provisions of this Article shall be
adjudged to be invalid or unenforceable, the validity and enforceability of the remaining
provisions of this Article shall be unaffected by such adjudication.
COMMENT
The changes to this section are stylistic only and have no substantive effect.
Adopted by the City Council of the City of Virginia Beach, Virginia on this
day of ,2008.
CA-10503
November 14, 2007
R-14
Approved as to content:
\
\ . I
I
Approved as to legal sufficiency:
urJJ~ ?Vi~anl.
City Attorney's Office
11
- 22-
Item V. I. 2.
RESOLUTION/ORDINANCES
ITEM #57084
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AUTHORIZE a temporary encroachment into a portion of
City property known as 5rd Street,for KATHLEEN MAGARITY at the
front of 221 52nd Street Street, to replace existing concrete steps.
DISTRICT 5 - LYNNHA VEN
The following conditions shall be required:
1. 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 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.
November 27, 2007
- 23 -
Item V.L2.
RESOLUTION/ORDINANCES
ITEM #57084 (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.
1 O. 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-ofway 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:
11-0 (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, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 27, 2007
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO
5 A PORTION OF THE CITY RIGHT OF
6 WAY KNOWN AS 52ND STREET FOR
7 PROPERTY OWNER, KATHLEEN
8 MAGARITY
9
10 WHEREAS, Kathleen Magarity desires to construct and maintain a portion of a
11 set of concrete steps within a portion of the right of way known as 52nd Street, located at
12 the front of 221 52nd Street, in the City of Virginia Beach, Virginia.
13 WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107,
14 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
15 City's right of way subject to such terms and conditions as Council may prescribe.
16 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18 That pursuant to the authority and to the extent thereof contained in SS 15.2-
19 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Kathleen Magarity, her heirs,
20 assigns and successors in title are authorized to construct and maintain a temporary
21 encroachment for a portion of a set of concrete steps in a portion of the City's right of
22 way as shown on the map marked Exhibit "A" and entitled: "ENCROACHMENT
23 EXHIBIT MAGARITY RESIDENCE #221 52ND STREET GPIN: 2418-79-8212 PARCEL
24 B, RESUBDIVISION OF PROPERTY, LOT 22 & 23, BLOCK 13 UBERMEER (D.B.
25 2676, PG. 208) VIRGINIA BEACH, VIRGINIA," a copy of which is on file in the
26 Department of Public Works and to which reference is made for a more particular
27 description; and
28 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
29 subject to those terms, conditions and criteria contained in the Agreement between the
30 City of Virginia Beach and Kathleen Magarity (the "Agreement"), which is attached
31 hereto and incorporated by reference; and
32 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
33 is hereby authorized to execute the Agreement; and
34 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
35 time as Kathleen Magarity and the City Manager or his authorized designee execute the
36 Agreement.
37 Adopted by the Council of the City of Virginia Beach, Virginia, on the ..2.:Z.t.h day
38 of November ,2007.
CA-1 0535
V:\applications\citylawprod\cycom32\Wpdocs\D007\P002\000434 75. DDC
X:\OID\REAL ESTATE\Encroachments\PW Drdinances\CA10535 Magarity.doc
R-1
PREPARED: 11/7/07
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~ c. q.w~*,
~ LICWORKS,REALESTATE
~~i;l~
PREPARED BY VIRGINIA BEACH
CITY A TIORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this \'6\ day of octow ,Z007, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and Kathleen MAGARITY, HER HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
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 "Parcel B," as shown on that certain plat
entitled: "RESUBDIVISION OF PROPERTY LOT 22 and 23 BLOCK 13, UBERMEER,
MB.7 P.150, LYNNHAVEN BOROUGH, VIRGINIA BEACH,VA " and said plat is
recorded in the Clerk's Office of the Circuit Co urt of the City of Virginia Beach, Virginia
in Deed Book 2676, at page 208, and being further designated, known, and described
as 221 52nd Street, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain a
portion of a set of concrete steps, 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 5Znd Street, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
GPIN: 2418-79-8212
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 accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain plat entitled: "ENCROACHMENT
EXHIBIT MAGARITY RESIDENCE #221 52ND STREET
GPIN: 2418-79-8212 PARCEL B, RESUBDIVISION OF
PROPERTY LOT 22 & 23. BLOCK 13 UBERMEER (D.B.
2676, PG. 208) VIRGINIA BEACH, VIRGINIA," 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
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
2
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
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.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Office of Planning Department 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 her 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 and general liability or such insurance as is
3
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.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
4
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or sta te taxes.
IN WITNESS WHEREOF, Kathleen Magarity, the said Grantee, has
caused this Agreement to be executed by her 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 (SEAL)
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
, 200_, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
,200_, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
1-5o~LOA-2!;f2~~1
Kathleen Magarity iJ
STATE OF VIRGIN}. d
CITY/~OF \cnlMv1
, to-wit:
The foregoing instrument was acknowledged before me this
OG+oOG( ,2007, by Kathleen Magarity.
l~
day of
My Commission Expires: Q-30-IO
CANDACE B HOPSON
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES SEPT. 30, 2010
COMMISSION II 222170
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Item v'L3.
RESOLUTION/ORDINANCES
ITEM #57085
ADD-ON
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Amended Ordinance to establish a retirement allowance for sworn
Police Officers,full-time Firefighters and Emergency Medical
Technicians at 1.85 percent of average final compensation
Voting:
11-0 (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, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 27, 2007
1 AN AMENDED ORDINANCE TO ESTABLISH THE RETIRMENT
2 ALLOWANCE FOR SWORN POLICE OFFICERS, DEPUTY
3 SHERIFFS, FULL-TIME SALARIED FIRE FIGHTERS, AND FULL-
4 TIME SALARIED EMERGENCY MEDICAL TECHNICIANS AT 1.85
5 PERCENT OF THEIR AVERAGE FINAL COMPENSATION
6 WHEREAS, Section 51.1-138(B) of the Code of Virginia permits the City to
7 establish the service retirement allowance for sworn police officers, deputy sheriffs, full-
8 time salaried fire fighters, and full-time salaried emergency medical technicians at 1.85
9 percent of their average final compensation, times the amount of creditable service
10 ("Section 138 Coverage"); and
11 WHEREAS, the City of Virginia Beach values its public safety employees and
12 appreciates the indispensable services they provide, including safeguarding life and
13 property, preserving peace and good order, and protecting the welfare and safety of the
14 citizens of Virginia Beach and the community.
15 WHEREAS, the City Council desires to extend this benefit to these public safety
16 employees and the City Manager has identified a funding source for this benefit,
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19 1. That the retirement allowance for City of Virginia Beach sworn police
20 officers, deputy sheriffs, full-time salaried fire fighters, and full-time salaried emergency
21 medical technicians shall be established at 1.85 percent of the average final
22 compensation times the amount of creditable service, effective January 1, 2008.
23 2. That the City Manager and City Attorney are directed to prepare the
24 ordinances necessary to fund and implement this retirement allowance and to place the
25 ordinances on the City Council's agenda for timely approval.
26 3. That the City agrees to pay the employer cost for providing the 1.85
27 Multiplier to all employees who are now, or who may be in the future, provided Section
28 138 Coverage by the City of Virginia Beach by ordinance or resolution, pursuant to this
29 irrevocable election.
30 4. That the City Manager is authorized and is directed in the name of the City
31 of Virginia Beach to execute any required contract to carry out this irrevocable election,
32 and to do any other thing or things incident and necessary in the lawful conclusion of
33 this matter. The seal of the City of Virginia Beach shall be affixed to any such contract
34 and attested by the City Clerk, and the Treasurer of the City of Virginia Beach is
35 authorized and directed to pay over to the Treasurer of Virginia from time to time such
36 sums as may be required to be paid by the City of Virginia Beach or its employees for
37 this purpose.
38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day
39 of .Nouemb9r ' 2007.
APPROVED AS TO LEGAL
SUFFICIENCY:
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City Attorney's 0 I e
CA-10597
R-1
November 27, 2007
Item V-J..K.
PLANNING
NO ACTION
1. SOUTH HAMPTON ROADS HABITAT
FOR HUMANITY, INC.
.K. PLANNING
1. BEACH INVESTMENT CORPORATION
2. SOUTHEAST MARINE GROUP, LLC
3. CORAL DEVELOPMENT, L.L.C.
- 25 -
ITEM #57086
4. VIRGINIA BEACH BACION BAPTIST CHURCH
5. THE SA VIN COMPANY, LLC
6. JEB TROLLEY
7. NEW CINGULAR WIRELESS PCS, L.L. C.
8. CINGULAR WIRELESS
CONDITIONAL CHANGE OF ZONING
STREET CLOSURE
VARIANCE
MODIFICATION OF CONDITIONS
Conditional Use Permit
(approved 4/11/060)
VARIANCE
CONDITIONAL CHANGE OF ZONING
MODIFICATION OF CONDITIONS
Conditional Use Permit
(approved 11/9/87)
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
November 27, 2007
- 26-
Item V-J/K
PLANNING
ITEM #57087
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION Items J.1 (DEFERRED), K.1., 2 (DEFERRED), 3, 4, 5, 6, 7 (DEFERRED) and 8
(DEFERRED) of the Planning By Consent Agenda.
Item J.J. (HABITAT FOR HUMANITY) shall be DEFERRED until a Council Session in January
2008.
Item K. 2 (SOUTHEAST MARINE GROUP, LLC) shall be DEFERRED until the City Council
Session of December 11, 2007
Item K6 (NEW CINGULAR WIRELESS) shall be DEFERRED INDEFINITELY
Item K 7 (CINGULAR WIRELESS) shall be DEFERRED INDEFINITELY
Voting:
11-0 (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 Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 27, 2007
- 27-
Item VJ.l.
PLANNING - NO ATION ITEM
ITEM #57088
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO
JANUARY 2008, an Ordinance upon application of SOUTH HAMPTON ROADS HABITAT FOR
HUMANITY, INC., for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF SOUTH HAMPTON ROADS
HABITAT FOR HUMANITY, INC. FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-7.5 TO CONDITIONAL A-12
Ordinance upon Application of South Hampton Roads Habitat for
Humanity, Inc.for a Change ofZoninrz District Classilicationfrom R-7.5
Residential District to Conditional A-12 Apartment District on property
located on the east side of Zurich Arch, south of 1-264 (GPIN
1487939540). DISTRICT 3 - ROSE HALL
Voting:
11-0 (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 Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 27, 2007
- 28 -
Item v,K.1.
PLANNING
ITEM #57089
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance
upon application of BEACH INVESTMENT CORPORATION for the discontinuance, closure and
abandonment of portions of an alley at Aqua Lane and South Atlantic Avenue (Croatan Beach)
Ordinance upon application of BEACH INVESTMENT
CORPORTATION In the matter of closing, vacating and discontinuing a
portion of that certain street known as "15' x 50' PORTION OF ALLEY
TO BE CLOSED (750 SQ. FT.)" as shown on that certain plat entitled
"STREET CLOSURE PLAT PORTION OF 15' ALLEY ADJACENT TO
LOTS 1 & 13 BLOCK 20 CROATAN BEACH M B. 24 P. 37 VIRGINIA
BEACH, VIRGINIA" District 6 - Beach.
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 approved for recordation prior to
final street closure approval.
3. The applicant shall verify that no private utilities exist within the right-of way proposed for
closure. Preliminary comments from the utility companies indicate that there are no private
utilities within the right-ofway proposed for closure. If private utilities do exist, easements
satisfactory to the utility company must be provided.
4. Closure of the right-ofway shall be contingent upon compliance with the above stated conditions
within 365 days of approval by City Council. If the conditions noted above are not accomplished
and the final plat is not approved within one year (November 26, 2008) of the City Council vote to
close the right-of way, this approval shall be considered null and void.
November 27, 2007
- 29-
Item v,K.1.
PLANNING ITEM #57089 (Continued)
Voting: 11-0 (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 Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Council Members Absent:
None
November 27, 2007
1 IN THE MATTER OF CLOSING, VACATING AND
2 DISCONTINUING A PORTION OF THAT CERTAIN
3 STREET KNOWN AS "15' x 50' PORTION OF ALLEY
4 TO BE CLOSED (750 SQ. FT.)" AS SHOWN ON
5 THAT CERTAIN PLAT ENTITLED "STREET
6 CLOSURE PLAT PORTION OF 15' ALLEY
7 ADJACENT TO LOTS 1 & 13 BLOCK 20 CROAT AN
8 BEACH M. B. 24 P. 37 VIRGINIA BEACH, VIRGINIA"
9
10 WHEREAS, Beach Investment Corp., a Virginia corporation (the
11 "Applicant") applied to the Council of the City of Virginia Beach, Virginia, to have the
12 hereinafter described street discontinued, closed, and vacated; and
13
14 WHEREAS, it is the judgment of the Council that said street be
15 discontinued, closed, and vacated, subject to certain conditions having been met on or
16 before one (1) year from City Council's adoption of this Ordinance;
17
18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
19 Virginia Beach, Virginia:
20
21 SECTION I
22
23 That the hereinafter described street be discontinued, closed and vacated,
24 subject to certain conditions being met on or before one (1) year from City Council's
25 adoption of this ordinance:
26
27 All that certain piece or parcel of land situate, lying and being
28 in the City of Virginia Beach, Virginia, designated and
29 described as "15' x 50' PORTION OF ALLEY TO BE
30 CLOSED (750 SQ. FT.)" shown on that certain plat entitled:
31 "STREET CLOSURE PLAT PORTION OF 15' ALLEY
32 ADJACENT TO LOTS 1 & 13 BLOCK 20 CROAT AN BEACH
33 M. B. 24 P. 37 VIRGINIA BEACH, VIRGINIA" Scale: 1"=20',
34 dated July 16, 2007, prepared by Gallup Surveyors &
35 Engineers, Ltd., a copy of which is attached hereto as
36 Exhibit A.
37
38 GPIN: 2426-38-9623 and 2426-48-0645
1
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. Closure of the right-of-way shall be contingent upon compliance with
61 the above stated conditions within one (1) year of approval by City Council. If all
62 conditions noted above are not in compliance and the final plat is not approved within
63 one (1) year of the City Council vote to close the street, this approval will be considered
64 null and void.
65
66 SECTION III
67
68 1. If the preceding conditions are not fulfilled on or before November
69 26, 2008, this Ordinance will be deemed null and void without further action by the City
70 Council.
71
72 2. If all conditions are met on or before November 26, 2008, the date
73 of final closure is the date the street closure ordinance is recorded by the City Attorney.
74
75 3. In the event the City of Virginia Beach has any interest in the
76 underlying fee, the City Manager or his designee is authorized to execute whatever
77 documents, if any, that may be requested to convey such interest, provided said
78 documents are approved by the City Attorney's Office.
2
79 SECTION IV
80
81 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
82 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
83 OF VIRGINIA BEACH as "Grantor" and BEACH INVESTMENT CORP., a Virginia
84 corporation as "Grantee."
85 Adopted by the Council of the City of Virginia Beach, Virginia, on this
86 27..th- day of November ,2007.
CA-10322
V:\applications\citylawprod\cycom32\ Wpdocs\D022\P002\00038986. DOC
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October 19, 2007
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SUFFICIENCY:
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Item v'K.2.
PLANNING
ITEM #57090
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO
DECEMBER 11, 2007, Ordinances upon applications of SOUTHEAST MARINE GROUP, LLC, re
dry storage for boats and trailers, a restaurant, pool and recreational area at 2272 Old Pungo Ferry
Road re Variance to 95B of the Site Plan Ordinance, Floodplain Regulations and to the Southern
Watersheds Management Ordinance re proposed encroachments and Modification of Conditions to add
certain facilities on a Conditional Use Permit (approved April 11, 1966):
Application of Southeast Marine Group, L.L. C. for a Variance to Section
5B of the Site Plan Ordinance, Floodplain Regulations on property
located at 2272 Old Pungo Ferry Road (GPINs 2309236398;
2309336649). DISTRICT 7 - PRINCESS ANNE.
AND,
ORDINANCE UPON APPLICATION OF SOUTHEAST MARINE
GROUP, L.L.c. FOR A MODIFICATION OF CONDITIONS FOR A
REQUEST APPROVED BY CITY COUNCIL ON APRIL 11,1966.
Ordinance upon application of Southeast Marine Group, L.L. C. for a
Modification of Conditions for a request approved by City Council on
April 11, 1966. Property is located at 2272 Old Pungo Ferry Road
(GPINs 2309236398; 2309336649). DISTRICT 7 - PRINCESS ANNE.
Voting:
11-0 (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 Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 27, 2007
- 31 -
Item v'K3.
PLANNING
ITEM #57091
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, WITH
THE DIRECTION TO STAFF TO PROVIDE A BETTER PLAN, Ordinances re application
of CORAL DEVELOPMENT, L.L.C., re singlefamily lots at Atwoodtown Road and Sandbridge
Road for a Variance to S5B of the Site Plan Ordinance, Floodplain Regulations re fill and
Conditional Change of 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.
The following conditions shall be required:
1. Should it be determined that fill within the floodplain is necessary, a floodplain mitigation
plan shall be submitted, including a hydrology study showing no net loss in the flood
storage or no net rise in the hydrologic profile. Proposed mitigation areas shall not be
located within the floodplain.
2. Before any land disturbing activity takes place, a Southern Watershed Management Plan
must be submitted for review and approval.
ORDINANCE UPON APPLICATION OF CORAL DEVELOPMENT,
LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL R-15
RESIDENTIAL DISTRICT WITH A PD-H2 PLANNED UNIT
DEVELOPMENT DISTRICT OVERLAY Z01 1071201
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Coral Development, LLC for a Chanfle of
Zoning 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.
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court
and is hereby made a part of the record
November 27, 2007
- 32 -
Item v'K.3.
PLANNING
ITEM #57091 (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-seventh of November Two
Thousand Seven
Voting:
11-0 (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 Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 27, 2007
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6425
DATE: November 16, 2007
TO:
FROM:
Leslie L. Lilley
B. Kay Wilson~
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application: Coral Development, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on November 16, 2007. I have reviewed the subject proffer agreement, dated
October 13, 2006 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
Document Prepared By Troutman Sanders LLP
AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of this 13th day of October, 2006,
by and between CORAL DEVELOPMENT. LLC, a Virginia limited liability company
(hereinafter referred to as the "Grantor"), the current owner of that certain property located in the
City of Virginia Beach, Virginia, which property is more particularly described in Exhibit A
attached hereto and incorporated herein by reference (the "Property"), and the CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter
referred to as "Grantee").
WIT N E SSE T H:
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
of the property from AG-2 to Conditional R-15 with a PD-H2 overlay; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed-use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses
conflict, and that in order to permit differing uses on and in the area of the subject Property and at
the same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned Conditional R-15 with a PD-
H2 overlay are needed to cope with the situation to which the Grantor's rezoning application
gives rise; and
WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing R-15 and PD-H2 zoning
districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions
related to the physical development, operation and use of the Property to be adopted as a part of
said amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, 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, unless, notwithstanding the
foregoing, these 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 subject Property at the time of recordation of such instrument; provided, further,
GPIN NOS. 2413-89-8033; 2413-88-9744;
2413-99-6091; 2413-89-7501 and 2413-99-8154
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.
NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other
successors in title or interest, voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of compulsion of quid pro QUO for
zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following
declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenants and agrees that these
proffers (collectively, the "Proffers") shall constitute covenants running with the said Property,
which shall be binding upon the Property and upon all parties and persons claiming under or
through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in
interest or title, namely:
1. When developed, the Grantor shall develop the Property in substantial conformity
with the concept plan prepared by Burgess & Niple, dated October 13,2006, and titled "Concept
Plan for Ashby's Bridge, Sandbridge Road and Atwoodtown Road, Virginia Beach, Virginia"
(the "Concept Plan"), a copy of which is on file with the Department of Planning and has been
exhibited to the City Council.
2. When developed, all residential lots as shown on the Concept Plan shall meet or
exceed the following setbacks and lot dimensions:
(a)
Front Yard Setback:
Twenty-Five Feet {25')
(b)
Side Yard Setback:
Ten Feet (10')
(c)
Rear Yard Setback:
Twenty Feet (20')
(d)
Minimum Lot Width at Setback:
Seventy Feet (70')
3. All residential dwellings on the Property shall be constructed in substantial
conformity with the following architectural guidelines:
(a) All visible exterior surfaces of the residential dwellings, excluding roofs,
porches, windows, doors, trim and soffits, shall consist primarily of all or any combination of
brick, stone, wood, stucco, Hardiplank, cedar shake or similar quality materials.
(b) All fireplace flues, smoke stacks, and spark arrestors shall be completely
enclosed and concealed from public view in finished chimneys of materials architecturally
compatible with the principal finish material of the exterior walls of the residential dwelling.
2
(c) All residential dwellings shall be constructed with a "crawl space" type
foundation.
4. Entrance signs for the development shall be monument signs, constructed using
materials consistent with those used for the residential dwelling units. The height of the signs
shall not exceed eight (8) feet.
5. On or before the date Grantor records a subdivision plat creating the residential
lots shown on the Concept Plan, Grantor shall record a declaration of protective covenants,
conditions and restrictions, which shall be administered and enforced by a homeowners
association in which all landowners within Grantor's development shall be members.
6. On or before the date Grantor records a subdivision plat creating the residential
lots shown on the Concept Plan, Grantor shall record a deed or plat dedicating to Grantee the
portion of the Property along Sandbridge Road shown as the hatched area on the Concept Plan
labeled "+/- 0.07 ACRE RIW DEDICATED FOR ROAD WIDENING FOR TURN LANE" (the
"Dedicated Property"), for the purpose of the installation of a left-turn lane along Sandbridge
Road. Grantor shall not be entitled to any compensation for the value of the Dedicated Property.
7. Prior to the issuance of any occupancy permits for the residences on the Property,
Grantor shall be responsible for the installation of a left-turn lane along Sandbridge Road for left
turn movements into the newly-proposed public street within the subdivision, substantially as
shown on the Concept Plan, in accordance with the Virginia Beach Public Works Department's
Standards and Specifications.
8. The areas on the Concept Plan not part of any proposed lot (the "Open Space
Area") shall be subject to restrictive covenants recorded which prohibit the use of such areas for
any purpose other than recreation and open space use. The restrictive covenants shall run with
the land and be in full force and effect for a period of at least fifty (50) years. The covenants
shall become part of the deed to each lot or parcel within Grantor's development. The covenants
shall be approved by the City Attorney, or his designee, and recorded prior to the date the first
building permit in Grantor's development is issued.
9. Grantor shall provide for maintenance of the Open Space Area by the
homeowners association, whereby all property owners within Grantor's development shall be
responsible for the costs and expenses of such maintenance.
10. Grantor shall file and obtain approval of a rezoning petition to rezone the Open
Space Area to P-l Preservation District, as defined in the CZO, prior to the date the first building
permit for any residence in Grantor's development is issued.
11. Further conditions lawfully imposed by applicable development ordinances 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.
3
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantor covenants and agrees that (1) the Zoning Administrator 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,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing oflegal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Department
of Planning 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.
4
IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the
date first written above.
By:
CORAL DEVELOPMENT, I.LC,
a Virginia limited liability company
, ..': /1.t
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r~ <-.-"C"":~ . ~L
_-. c
Ga1e Levine Higgs, Manager
GRANTOR:
....
By:
--r--
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
&i The foregoing instrument was sworn to and acknowledged before me this /~ day of
}A J-;J ~ ,2006, by Gale Levine Higgs and Scott E. Higgs, in their capacity as Managers of
Coral Development, I.LC, a Virginia limited liability company, on behalf of the company.
:'J'f.~~"~~~
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Notary Public
, My Conunission Expires:
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301315.5
5
EXHIBIT A
LEGAL DESCRIPTION
Parcell: (GPIN No. 2413-99-6091-0000)
ALL THAT certain tract, piece or parcel of land, situate, lying and being in Princess Anne
Borough of the City of Virginia Beach, Virginia as shown on the plat entitled, "SURVEY OF
PART OF PROPERTY OF HORACE M. BRINSON & VIRGINIA D. BRINSON, VIRGINIA
BEACH, V A", recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Deed Book 942, at Page 94; said parcel containing one (1) acre, and more
particularly described as follows:
BEGINNING at a point on Atwood Town Road, which point is 854.42' east of the
intersection of said Atwood Town Road and Sandbridge Road, and running thence
N 120 30' W 262.18 feet to a point; thence N 770 30' E 138.58 feet to a pin;
thence S 11049' E 277.07 feet to the Atwood Town Road; thence along said road
S 88022' 30" 78.70 feet; thence continuing along said road S 77030' W 58 feet to
the point of beginning.
Parcel 2: (GPIN No. 2413-89-7501-0000)
All that certain piece or parcel of land, with the buildings and improvements thereon, situate in
the City of Virginia Beach, Virginia, and is designated as "7.625 AC." on that certain plat
entitled "PHYSICAL SURVEY OF 7.625 ACRE PARCEL PRINCESS ANNE BOROUGH,
VIRGINIA BEACH, VA. FOR WILLIAM F. & NAOMI G. BLOODWORTH", made by C. A.
Bamforth, Surveyor, dated July 20, 1966, duly recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia in Deed Book 1216, page 543, and in accordance with
said plat said property is more particularly described as follows:
BEGINNING at a point on the northern side of Atwood Town Road at the
dividing line of the property of Y. E. Brinson as shown on said plat, running
thence North 11049' West 277.07 feet to a point; thence North 590 57' 40" West
568.60 feet to a point; thence South 240 06' 30" West 376.15 feet to a point;
thence North 450 45' 30" West 385.66 feet to a point; thence North 360 14' 50"
East 431.38 feet to a point; thence South 590 57' 40" East 1196.64 feet to a point
in the northern side of Atwood Town Road; thence along the said northern side of
Atwood Town Road, South 220 59' 30" West 77.32 feet to a point; thence South
350 10' 30" West 60.98 feet to a point; thence South 48003' West 97.93 feet to a
point; thence South 640 33' West 82.69 feet to a point; thence South 85005' West
100.06 feet to a point of beginning.
6
Parcel3: (GPIN No. 2413-99-8154-0000)
All that certain piece or parcel of land, situated in Princess Anne Borough, City of Virginia
Beach, Virginia, and being shown and designated as "4.00 AC." on a "Survey of Property, Parcel
'B', Property of Pat W. Atwood, etc.", which is recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia in Map Book 111, at page 32, and in accordance
with said plat being more particularly described as follows:
BEGINNING at a point on the northeastern side of Sandbridge Road in the
dividing line of the property hereby conveyed and the property now or formerly
owned by Allen Lester, and from said point of beginning running along the
northeastern side of Sandbridge Road, North 200 11' West 35.91 feet to a point;
thence running North 280 08' West 75.00 feet to a point; thence running North
310 37' 34" West 71.90 feet to a point; thence running North 350 54' West 80.00
feet to a point; thence running North 360 58' West 68.43 feet to a point; thence
running around a curve to the left with a radius of 785.0 feet, an arc distance of
98.53 feet to a point; thence running North 290 46' 29" West 92.21 feet to a pin;
thence turning and running North 460 20' 49" East 397.87 feet to a pin; thence
turning and running South 380 06' 33" East 331.00 feet to a pin; thence turning
and running South 250 34' 15" West 506.64 feet to the point of beginning.
PARCELS 1,2 AND 3 BEING the same property conveyed by Deed dated March 8, 2006 from
Gale M. Levine to Coral Development, LLC, a Virginia limited liability company, which was
recorded as Instrument Number 20060526000803570 in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia.
Parcel 4: (GPIN No. 2413-89-8033-0000)
ALL THAT certain plat or parcel of land, with the buildings and improvements thereon, lying,
situate and being in the City of Virginia Beach, Virginia, and being shown on that certain plat
entitled "PROPERTY OF ALLEN LESTER", which plat is duly recorded in the Clerk's office of
the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 23, at Page 87, and being
more particularly bounded and described as follows:
BEGINNING at a pin in the eastern line of Sandbridge Road (formerly Sigma
Road), which point is located North 70 10' West 372.6 feet from a pin in the
center line of a road leading to Atwood Town; and from said point of beginning
running North 80 11' West along the eastern side of said Sandbridge Road
(formerly Sigma Road) 254.1 feet to a point in the southern line of a lane known
as "Jones Lane"; thence North 340 22' East along the southern side of said lane
66.2 feet to a pipe in the center line of a lead ditch; thence South 490 10' East
along the center line of said lead ditch 276.2 feet to a point; thence South 59009'
West along the center line of another ditch 244.8 feet to the point of beginning.
7
Parcel 5: (GPIN No. 2413-88-9744-0000)
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon,
located in the City of Virginia Beach, Virginia, as shown on a survey entitled, "SURVEY OF
PROPERTY OF JOSEPHINE M. BEECHAM, PRINCESS ANNE BOROUGH, VIRGINIA
BEACH, VIRGINIA, SCALE: I" = 60' DATED THE 11TH DAY OF JULY, 1980," made by
Bruce B. Gallup, Certified Land Surveyor, consisting 3.65 acres, which said survey is recorded in
Deed Book 2033, at Page 354, and being more particularly described as follows:
BEGINNING at a pin in the pavement at the intersection at the northern line of
Atwoodtown Road and Sandbridge Road, thence North 30 degrees 36 minutes 45"
West, 358.38 feet to a pin in the center of a small ditch; thence along the center
line of said ditch, North 60 degrees 22' 15" East 244.80 feet to a point; thence
South 43 degrees 14' 9" East, 512.6 feet along the centerline of lead ditch to a pin
in the Northern line of Atwoodtown Road; thence along the Northern Line of
Atwoodtown Road, South 78 degrees 59' 55" West, 551.48 feet to the point of
beginning.
PARCELS 4 AND 5 BEING the same property conveyed by Deed dated March 8, 2006 from
Scott E. Higgs and Gale M. Levine to Coral Development, LLC, a Virginia limited liability
company, which was recorded as Instrument Number 20060526000803580 in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia.
8
- 33 -
Item v'K.4.
PLANNING
ITEM #57092
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED
CONDITIONS upon application of VIRGINIA BEACH BEACON BAPTIST CHURCH re a
Conditional Use Permit (approved November 9, 1987) re two (2) temporary modular classrooms
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH BEACON
BAPTIST CHURCH FOR A MODIFICATION OF CONDITIONS FOR A
USE PERMIT FOR A CHURCH APPROVED BY THE CITY COUNCIL
ON NOVEMBER 9, 1987
Ordinance upon application of Virginia Beach Beacon Baptist Church
for a Modification of Conditions for a Use Permitfor a Church approved
by the City Council on November 9, 1987. Property is located at 2301
Newstead Drive (GPIN 2414167704). AICUZ is 65 to 70. DISTRICT 7-
PRINCESS ANNE.
The following conditions shall be required:
1. All conditions, with the exception of Number 1 attached to the Conditional Use Permit granted by
the City Council on November 9, 1987, remain in affect.
2. Condition Number 1 of the November 9, 1987, Conditional Use Permit is deleted and replaced
with the following: "No curb cuts on Nimmo Parkway ".
3. When the modular classrooms are installed, the location shall be as depicted on the plan of the
existing church and proposed modular classrooms.
4. Applicant shall obtain all required permits and inspections from the Planning Department's
Permits and Inspections Division and the Fire Department. A Certificate of Occupancy shall be
obtained form the Building Official before occupancy of the modular classrooms.
5. The modular trailers shall be limited to a period offive (5) years, at which time, ifno complaints
pertaining to the trailers have been received by the Planning Department, administrative
approval may be grantedfor incremental extensions of two years.
November 27, 2007
- 34 -
Item V.K4.
PLANNING
ITEM #57092 (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-seventh of November Two
Thousand Seven
Voting:
11-0 (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 Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay.'
None
Council Members Absent:
None
November 27, 2007
- 35 -
Item v,K. 5.
PLANNING
ITEM #57093
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
ORDINANCE UPON APPLICATION OF THE SA VIN COMPANY,
L.L.c. FORA CONDITIONAL USE PERMIT FORA CAR WASH
ROII0734247
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of The Savin Company, L.L. C. for a
Conditional Use Permit for a car wash on property located 820 South
Military Highway, approximately 452 feet north of Indian River Road
(GPIN 1456253633). DISTRICT 1- CENTERVILLE.
The following conditions shall be required:
1. When the property is developed, the site layout shall be in substantial conformance with
the plan entitled, "Conceptual Plan / South Military Highway Carwash / Parcel B-1 /
Virginia Beach, Virginia," dated September 27, 2007, prepared by Massey Design &
Associates, P. C. Said plan has been exhibited to the City Council and is on file in the
Planning Department.
2. When the building is constructed, it shall be in substantial conformance with the
elevation entitled, "South Military Highway Car Wash ", prepared by G.M Frech &
Associates. Said elevation has been exhibited to the City Council and is onfile in the
Planning Department.
3. The hours of operation for the automated car wash stations and vacuum operations shall
be limited to 6:00 A.M to 10:00 P.M
4. All outdoor lighting shall be shielded, deflected, shaded andfocused to direct light down
onto the premises and away from adjoining property. A photometric lighting plan
depicting such lighting shall be submitted to the City of Virginia Beach for review and
approval with the final site plan submission.
5. In addition to the landscaping required by the City Zoning Ordinance (CZO), an
additional row of evergreen shrubs shall be installed along the property line adjacent to
Military Highway.
November 27, 2007
- 36 -
Item v'X.5.
PLANNING
ITEM #57093 (Continued)
This Ordinance shall be effective in accordance with Section J 07 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of November Two
Thousand Seven
Voting:
J J -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 Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 27, 2007
- 37 -
Item v'K.6.
PLANNING
ITEM #57094
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of JEB TOLLEY for a Conditional Use Permit re a bingo hall:
ORDINANCE UPON APPLICATION OF JEB TOLLEY FOR A
CONDITIONAL USE PERMIT FOR A BINGO HALL
R0110734248
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Jeb Tolley for a Conditional Use Permit
for a bingo hall on property located at 2644 Barrett Street (GPIN
1497538465). DISTRICT 6 - BEACH
The following conditions shall be required:
1. Bingo games shall be limited to the weekends from Friday beginning at 10: 3 0 PM until
Sunday ending at 11:59 PM
2. A cross access parking agreement shall be submitted to the current Planning Division
prior to commencement of Bingo operations.
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-seventh of November Two
Thousand Seven
Voting:
9-1 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E.
Uhrin Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
Reba S. McClanan
Council Members Abstaining:
James L. Wood
Council Members Absent:
None
Councilman Wood ABSTAINED as his company has a business connection.
November 27, 2007
- 38 -
Item v,K. 7.
PLANNING
ITEM #57095
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED
INDEFINITELY an Ordinance upon application of NEW CINGULAR WIRELESS PCS, L.L.C., for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF NEW CINGULAR WIRELESS
PCS, L.L.c. FOR A CONDITIONAL USE PERMIT FOR A
COMMUNICATION TOWER
Ordinance upon application of New Cingular Wireless PCS, L.L. C. for a
Conditional Use Permit for a communication tower on a portion of
property located at 1052 Cardinal Road (GPIN 2418246584).
DISTRICT 5 - LYNNHA VEN.
Voting:
11-0 (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 Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 27, 2007
- 39 -
Item v'K.8.
PLANNING
ITEM #57096
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED
INDEFINITELY an Ordinance upon application of NEW CINGULAR WIRELESS PCS, L.L.C., for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF CINGULAR WIRELESS PCS,
1.1.c. FOR A CONDITIONAL USE PERMIT FOR A
COMMUNICATION TOWER
Ordinance upon application of Cingular Wireless PCS, 1.1.c. for a
Conditional Use Permit for a communication tower on property located
at 4021 Charity Neck Road (GPIN 2411550252) AICUZ is less than 65
dB DNL DISTRICT 7 - PRINCESS ANNE.
Voting:
11-0 (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 Ron A. Villanueva, Rosemary Wilson and James
1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 27, 2007
- 40-
Item V-I.].
APPOINTMENTS
ITEM #57097
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT:
RESORT ADVISORY COMMISSION:
November 27, 2007
- 41 -
Item V-M1.
UNFINISHED BUSINESS
ITEM #57098
ADD-ON
Upon motion by Councilman Diezel, seconded by Vice Mayor Jones, City Council ADDED TO
AGENDA and APPROVED:
DELETING the December 1, 2007, deadline date in the February 7,
2006, Resolution to address Public Safety pay compression disparities.
Voting: 11-0
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 Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 27, 2007
- 42-
Item V-M2.
UNFINISHED BUSINESS
ITEM #57099
BY CONSENSUS, the CITY CLERK should RECORD FOR THE RECORD:
ABSTRACT OF VOTES for the November 6, 2007, General Election and
CERTIFICATION OF WRITE-INS.
Item V-O.
November 27, 2007
- 43 -
Item V-O.
ADJOURNMENT
ITEM # 57100
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:26 P.M.
Q~___d~_--~~~
Beverly 0: Hooks, CMC
Chief Deputy City Clerk
uth Hodges Fraser, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
November 27, 2007