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HomeMy WebLinkAboutJanuary 8, 2008 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District' 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 HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 08 JANUARY 2008 I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:00 PM A. CITIZEN SATISFACTION SURVEY RESULTS Jeannine Perry, Project Manager - Continental Research Association, Inc, B. PROPERTY MAX/WEB SITE FOR VIEWING REAL ESTATE ASSESSMENTS J erald Banagan, Real Estate Assessor C. EMERGENCY OPERA nONS PLAN Chief Steve Cover, Fire Department II, CITY COUNCIL LIAISON REPORTS III, CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V, INFORMAL SESSION - Conference Room - 3:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Kevin Milcarek Pastor, Back Bay Christian Assembly 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 December 11, 2007 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. ELECTION PRECINCT CHANGE at BUCKNER: from Holy Spirit Catholic Church to Green Run Baptist Church 2. CAPITAL BUDGET AMENDMENT FOR FY 2007-08 Urban Area Strategic Initiative Interoperable Communications Technology Grant I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND and REORDAIN Section 10-1 of the City Code moving Buckner Precinct Polling Place to Green Run Baptist Church 2. Ordinances to AUTHORIZE temporary encroachments: a. Dana R. Jackson into Island Lake to construct and maintain one hundred nineteen (119) linear feet of vinyl bulkhead, five-foot (5') return, five-foot x sixteen-foot (5'xI6') access pier leading to a four-foot x 32-foot (4'x32') finger pier and a twelve-foot x twelve-foot (12'xI2') 10,000 pound boatlift supported by four (4) eight inch x 30-foot (8"x30') wood piles at the rear of 2400 Windward Shore Drive DISTRICT 5 - L YNNHA VEN b. James B., Jr. and Terri L. Ewing and Glen A. and M. Nicole Williams into Lake Rudee to construct and maintain a portion of an open pile pier at the rear of 726 Kennedy Avenue DISTRICT 6 - BEACH c. 11 th Street L.C. (AKA 11 th Street L.L.c.) into a portion of 11 th Street, Atlantic and Ocean Avenues to construct and maintain landscaping, concrete pavers, cobblestone and drip irrigation system including a 4" PVC irrigation sleeve and a 2" PVC irrigation electric wiring sleeve DISTRICT 6 - BEACH 3. Ordinance to CREATE a new Capital Budget item and APPROPRIATE $3,213,780 from the Department of Homeland Security's (DHS) Urban Area Security Initiative (UASI) program for procuring services and equipment necessary in the implementation of the Hampton Roads Overlay Regional Interoperability Network (ORION). 4. Ordinance to APPROPRIATE $48,000 from the General Fund Reserve for Contingencies re the City's share of costs for the Tidewater Builders Association's (TBA) Building Trades Academy to provide low income Virginia Beach residents a pre-apprenticeship program for future employment in the residential construction industry. 5. Resolution SUPPORTING multi-modal accommodations for interim improvements to City rights-of-way to enhance safety for pedestrians and cyclists (requested by Council Lady Rosemary Wilson). 6. Resolution to EXPRESS SUPPORT for a Regional Waste Management Study by providing partial funding re Landfill #2 expansion and to AUTHORIZE the City Manager to execute the Virginia Beach portion of the Study to include a review of the existing (SPSA) system and evaluate needs for the future 2018 to 2050. K. PLANNING 1. Variance to S4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO), Subdivision for RJP, L.L.C., at 204 62nd Street re subdividing an existing lot into two (2) lots and redeveloping a single-family dwelling on each of the newly created lots. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROV AL 2. Application of FOR PETE'S SAKE, L.L.C. for a Conditional Use Permit re a riding academy and horses for hire or boarding at 2428 London Bridge Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDA nON APPROV AL 3. Application of HOPE LUTHERAN CHURCH for a Conditional Use Permit re a columbarium at 5350 Providence Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 4. Application of NANTUCKET BY THE BAY, L.L.C. for the Modification to a Conditional Change of Zoning request (approved by City Council on October 25, 2005 for S & J LLC) at 3762 Shore Drive and 3707 Stratford Road DISTRICT 4 - BA YSIDE RECOMMENDATION APPROVAL 5. Ordinances to AMEND: a. Sections 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 and ADDING provisions re redevelopment of property in Air Installations Compatible Use Noise Zones (AICUZ) b. Official Zoning Map by ADDING Sub-Areas 1,2 and 3 of the 65 -70 dB DNL Noise Zone c. Comprehensive Plan by incorporating provisions re the 65 -70 dB DNL Noise Zone and Interfacility Traffic Area and a Map of Sub-Areas 1,2, and 3 of the 65 -70 dB DNL Noise Zones RECOMMENDATION APPROVAL L. APPOINTMENTS COMMUNITY SERVICES BOARD (CSB) RESORT ADVISORY COMMISSION (RAC) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** CITY COUNCIL'S JANUARY 2008 SCHEDULE January 15, 2008 Workshop 4 - 6 PM January 22, 2008 Briefing, Informal, Formal, Planning February 19,2008 Virginia Beach Convention Center 7 - 9 PM City-wide Town Meeting Storm water Plans and Funding ********* 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 Ol/08/20008gw www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 8, 2008 Mayor Meyera E. Oberndorfcalled to order the CITY MANAGER'S BRIEFING re the results of the recent CITIZEN SATISFACTION SURVEY in the City Council Conference Room, City Hall, on Tuesday, January 8,2008, at 1:00 P.M Council Members Present: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, and James L. Wood Council Members Absent: Harry E. Diezel [Entered: 3: 12 P.M attending meeting.) Vice Mayor Louis R. Jones [Delayed, Entered: 1:20 P.M) Rosemary Wilson [Entered: 5:50 P.M Drove her daughter to Dulles International Airport as she was commencing a "round the World" trip) January 8,2008 - 2 - CITY MANA GER'S BRIEFING CITIZEN SATISFACTION SURVEY RESULTS ITEM # 57182 Susan Walston, Chief of Staff, introduced Jeannine Perry, Senior Project Manager - Continental Research Associates, to present the results of the Citizen Action Survey. She is responsible for the monitoring and phasing of all phases of the study. Mrs. Perry advised Continental Research Associates has performed the study every two years since 1995. The 2007 Survey is based on the prior survey. Objective: To learn how residents feel about their community and the services provided by the City of Virginia Beach. ~ Benchmark survey in 1995 ~ Similar questionnaires - primarily satisfaction ratings ~ Telephone method (Sunday - Thursday evenings) ~ Minimum of six (6) attempts to reach each household ~ Sample size five hundred (500) adults (randomly selected) ~ Margin of Error: -r.1% to -r.4.4% (worst case) 2007 Methodology ~ 15 minute. survey - Was well-received ~ Calls made October 30th through November 28th (used CATI system) ~ Highly scientific procedures ~ Report includes. surveys since 1995 (most recent = 2005) ~ Detailed analysis given to Department of Management Services Participants rated their satisfaction with 31 City services & characteristics: Very Satisfied, Satisfied, Dissatisfied, or Very Dissatisfied For simplicity: Very Satisfied + Satisfied = "Satisfied" Many localities define excellence as an eighty percent (80% or higher) level of satisfaction. In Virginia Beach, 21 of the 31 City services rated above the eighty percent (80%) threshold Items with a Satisfaction Level Above 95% % Satisfied* 99.4% 98.0% 97.6% 97.3% 96.8% Fire Department Public Libraries Paramedic and Rescue Squad 911 Emergency Telephone Center Recreation Centers Appearance of municipal buildings and facilities Overall appearance of the City Parks * "Very Satisfied" + "Satisfied" 96.2% 95.6% 95,2% January 8. 2008 - 3 - CITY MANAGER'S BRIEFING CITIZEN SATISFACTION SURVEY RESULTS ITEM # 57182 (Continued) Items with Satisfaction Between 90% and 95% Number of opportunities for volunteerism Courtesy of City employees Police Museums/ aquarium/cultural activities Work performance of City employees Horticultural & Agricultural services City trash collection & recycling services Items with Satisfaction Between 80% and 89% Overall appearance of your neighborhood Public school system Drinking water and sanitary sewer services Public beaches Mental health and mental retardation services Thejob opportunities in Virginia Beach * *Improved since 2005. Items with Satisfaction Below 80% % Satisfied 94.4% 94.2% 94.0% 94.0% 93.7% 91.1% 90.4% % Satisfied 89,4% 86.2% 86.0% 85.7% 83.2% 80.2% % Satisfied Efforts to combat gang activity/violence 75.8% The City's work with other area communities 75.0% Services for needy or homelessfamilies* 73.4% Rain water drainage * 70.8% Efforts to protect natural resources 64.6% Maintenance of existing City roads & bridges 64.3% Opportunities citizens have to share their ideas 59.0% Planning & construction of new City roads 51.5% Planningfor residential development 50.5% TraXfrcflow 3~0% *Improved since 2005, % Using Some City Services (Past twelve (12) months) % Who Said "Yes" Visited a Virginia Beach public library and/or used the library from home/work Visited a City park Visited a Virginia Beach public beach Had contact with or observed Public Safety (Police, Fire, Rescue Squad) Went to a museum, the aquarium, or a cultural activity in Virginia, Beach Contacted the City by phone/Internet/in person Been to a Virginia Beach recreation center 81,6% 79.8% 79.6% 73.4% 67.4% 63,6% 58.6% (n=500) January 8, 2008 - 4 - CITY MANA GER'S BRIEFING CITIZEN SATISFACTION SUR VEY RESULTS ITEM # 57182 (Continued) % Who "Agreed" With Each Statement Virginia Beach is a good place to live For the most part, I can conveniently access City services My neighborhood is a safe place to live Virginia Beach, in general, is a safe place to live Overall, I receive a good value for my City tax dollar I know how to inform the City about the way I feel on important issues * "Strongly Agree" + "Agree" % Who Agree" * 96.0% 95.4% 93.2% 92.8% 74.2% 70.6% Average number of years lived in Virginia Beach 20.0 yrs. % who reported being homeowners % who reported being renters Average age (head of household) % who reported being registered voters % who are White % who are African American % who are Hispanic % from another ethnic background % with yearly household income of $100,000+ 78.0% 22.0% 46.3 yrs, 81.2% 74.2% 21.2% 1.2% 3.4% 23.4% The genders were equally represented in the study. 51% of the respondents were female and 49% were male. Mrs. Perry advised and they utilized a "T-Test" statistic to determine statistical significance, nine (9) items showed significant improvement over 2005. A "T-Test" is based on average ratings: Fire Department service. .:. Paramedic & Rescue Squad services .:. The 911 Emergency Telephone Center .:. Recreation centers .:. The appearance of the City's municipal bulldogs facilities .:. City parks .:. Job opportunities in the City .:. Services for needy or homeless families .:. Rain water drainage January 8,2008 - 5 - CITY MANA GER'S BRIEFING CITIZEN SATISFACTION SUR VEY RESULTS ITEM # 57182 (Continued) Satisfaction scores were quite high, indicating that residents are quite pleased with the quality of life in Virginia Beach. Ten (10) areas were itemized where additional focus may be warranted (traffic, roads, growth, drainage, gangs, etcetera). Ninety-six percent (96%) are satisfied with the appearance of the City. Ninety-six (96%) believe Virginia Beach is a good place to live. Ninety-five ( 95%) believe they can conveniently access City services. Mrs, Perry advised a more detailed analysis has been given to the Department of Management Services that examines each question in this report by the various demographic groups. Council Lady McClanan advised the educational system in the City has been one of the primary economic development tools. Mrs. Perry advised the Virginia Beach Public Schools conduct their own surveys. This is the first time the question re Virginia Beach Schools has been posed on the Citizen Satisfaction Survey. Councilman Dyer requested more detail concerning gangs and the statistics compiled by zip code. January 8, 2008 - 6 - CITY MANAGER'S BRIEFING PROPETY MAX/WEB SITE - REAL ESTATE 1:37 P.M. ITEM # 57183 Jerald Banagan, Real Estate Assessor, advised the new Web Site went live before January 1, 2008. Several years ago, the City initiated efforts to replace the old computer systems on the City's main frame. Through a collaborative effort of COMIT, the Commissioner of Revenue, Treasurer and the Real Estate Assessor's Offices, the RACS project was born. This project entailed converting the revenue/assessment and collection systems to state-of-the-art software systems. A Request for Proposal (RFP) process was followed and ultimately Marathon was chosen as the vendor. This company has a number of products: Pro Val, the City's appraisal system and Property Max, which is the software system used to display that information on the Real Estate Assessor's website. Mr. Banagan expressed appreciation to David Hansen, Chief of Finance and Technology, and his leadership concerning the process. Phase I of this system "went live' in July. At that time, the main efforts were to create the Land Book by September and send the first 'half of the bills for the City Treasurer by November First. Then, efforts were concentrated on the website, The website contains a short film re real estate assessments, as well as containing the Annual Report. Mr, Banagan displayed the "home page" which is similar to the existing page. Information is also contained re the Senior Citizens Program, Rehabilitative Real Estate Program, Land Use Program. Assessments can be searched by property address, GPIN and legal description, A few items were not resolved, but the Real Assessor's office is still working on a few minor corrections, i. e. document numbers. The assessment is displayed on the top of the page. 'l''T"':~Y\'~r.:IJ'n....""._.,,,:,,,,-,_.. .a."".""'~"",?,""'I.~r.;or;;;J~" '1. 'f. Edt ~ F.worites Took ~ IL~;;.WI::'::<f." 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E!:.m~~..Qi 8.C~~Wlf1lU.J:s.a'itr&.ll ~ ~~.u!.!~~b:Q!fu.21J~Jt~ f . ~moh)r, for ~l~tor." iily '~"lr,.fil,;dfl~ ~~~~'li: RHAltD LINKS "?&'.,W.:.t.'_~.W.t4.!U;(;-!:.~~!!::{,Dti ~ How h Property App".ISf'd' Tn.,r", .,(" l~,q'lt' "ae~,t...,i M,.~ho.1" tilt ,",'"l<Hr'll) ,.,.,,1 tl~.'.l" e;~jj:!.k'.n.'L.Jnt.~ r~\rJ:!~I:'~,JJ:l'U:'1 ~.vntnt ,ndY""lV,dt'o The SoIles (ampari,on ,,~proa(h: T,) fmd ~!'1" ~ "lUll "I .sr,y pr~,p.,.,1" tr..lt .h1l"'H,r m<l~t. b" ~ r'll/VI thtl r,.,.J:,n<) I',n,'er. .)1 ",mrl.." pr)~,,;rt',.~. Thl~ ({,IfUr.;"j {.;.!1lPbft'~ ,./V.. ",":<j.l..rt, t.~ "U....,.~ '.h<tt h/l'<l!!' bl.,L i:'h..n 'l:Wl'J U'~ s.:I..~ (<..mpdfJ~Orl .;pNI'l<'1ch, tne 4SS!J"',,>t)r ';Qr.~,.jer~ o!Ind ar'<2!'(lf'~ -I'l! oJ\i",I"trl~ IT'Olitil't d<2t~ tv ",-rye "t <'I f"lf "<lI'Jat,('n ,Jf .'~'.~',:.r().~,t:.:l'... "~~.~t.:_'~'~~~~T. ,~!);~.t"m. .,men'!I"", i,~~~t.'~~ ,~n~.~~".,~,f :~~e~ /I:e s:~~,.. of ,:n~~:I'.~.~::r1/1;r,t ~ fJ T,ustodsies ,,) '1 ~Mll ~::,(tYOfVf"JfMB.t-~h'O.,.H&.:Rf'4Ilj'<llC""nt'WI... "JMo:,m4tP~oN;.[...1 .t 111 6',' I.?J l&lJiSO.,<?J ",,,"" Mr. Banagan displayed an example of a Parcel on the WebSite, denoting address, transfer date, Deed Book/Page, District, Legal Description, zoning, property class code and neighborhood code. January 8,2008 II - 7 - CITY MANAGER'S BRIEFING PROPETY MAXlWEB SITE - REAL ESTATE ITEM # 57183 (Continued) 1:l1.~' .Ii..' "'1,:~;.'___"""'''"' " ,''' ,; . ....c..:. .r,rr.:r ,.,~, l....~"!..:. I'.''D~ l'ie Edt ..... 'o\1:ll'bf. lod:J H$ 1:c::r;.H.::'~.~~-K";S~~~+f ;h," ..lfl1!J <..>"" . ~h 'f~tC'j :i '. . 1 '~Dt:"''''' '. niaBeach .:1 . ",,',"., . ''''-. '{~~ ..~'" '.l._~~ ~~co..: I~ Parcel t~ ,ill -'; lOt PruplJrty Inlo r.PI'" ;, ~h',"~ ~0: ',':'" ]~.;l !1lC~""1l.C1' ,:'1' ~t~':'1","UA";'" I........tT..t.Mv..... 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'C7,Ir.:rl'"'Y"~' ,..a,'f7."'70i'W!I';~:~.7r.:v,{l;.., 111J__~~%.7\t.7T.%';;.~'.' i.) hI:4\ . i(" Z': : / SNn:f1 114J""'.ii'~"..............."',.,...,.~.'''''' ~. u ,~ .=J;)~ """. <!;,' J. ~ ~ ~ ~" '" ~ Cllyof ,'I?' (' . . Virginia Beach ,,:it,"~ .. ,1,',".. "."., . "p'i: ,j, ~""; '~~"':b~ ~--,~__-,'t'-~t. Land ,,. .. ... ~ ,";'0 -11 Property 1nlo ....,..1 ,...--! P',r......'.... lml..""......,,'~, ~,"I... ~""'''l..'.. 'c'!""",".'.", IOPlloI H.;.~..>tl';-;" ........ 1~~1 toIj('>-luJl.f"!' ""r. \11"..:.11<1.... U.c.... (_"t f."" V"'" f2a.;~~ ne."~ri"IIoH lopollrnphy !>IHyir..ll'!; Svon:;hes ~ Aaw-..- .- -- lll('l"","'l,.f':"-!l."""" ............... - '- - .......... ....... - ....... ... ,'-'""-'lit' ........ - Fum::thmlj; ....IV r-.".,..,.,.."I......t> f..'. n,"M"....r..nl;,h",.,'; 1'....1 t" .... T... ~ ..,.., 1..".J '.',. 0\,' I"""".''', P''''.'' ~ ..... '."'"'J''' ~...d..,,',.t 1l~'''''t...,h,'".J ',-e"".d", "".~ '('J."''''';, l.tud lypll tt tor fHM.... '-~ f-f+K.w.~ AoN_ -.- t.ollll rypl~ I C~ I A~,'~f: 1)lrnt>'l<;;lon~1 "tlnhllte!'> A4;.....ffoot<t.t>p ltt.<~,......t~ tlf.,;",- 0tIf'~ - $qu_ F..t IllflUltl..-IOll<11 Mtributp... A.:tual:f_~ ,.n"I'''I.....ll'\~t,I...'Iot.>' ..!.1 ~JCJcNio 1.~...1 .ldOolr.et ~ i:j II .:::J.~~:!..:..~'~. .;:.J..j~~~f'~~-~- ;r:;:c;.,UfY.~9c~ ~..f~,)';'..~ .1 o -;.1t"""'... ; 1,'QfJ;.14 Website pages were also displayed re Improvements and Dwelling. A new feature, not on the former website, is the sketch of the residential property, which is actually the engine on which the assessment system works. Another feature, this system has the capability of displaying a photograph of the house. Currently, photographs are only available for new construction. This feature will be expanded. Additional funding is necessary for this photography. January 8, 2008 II - 8 - CITY MANAGER'S BRIEFING PROPETY MAXlWEB SITE - REAL ESTATE ITEM # 57183 (Continued) Mr. Banagan advised these photographs will only depict the exterior. This is a tool to determine the square footage of the integral parts of the house. The Sales Disclosure can display the last three (3) transfers of the property. A Value History page depicts four (4) years of assessments broken down into land and improvements. Mr. Banagan displayed slides depicting Previous Website Structural Improvements. These cannot be replicated in the new system (enhancements to the base value). Mr. Banagan depicted in detail what has been removedfrom the Real Estate Assessment Website. Mr. Banagan displayed the Model Buildup Summary from the Pro Valuation Engine Table. Before, the City had a simplistic system. This system displays base rates, enhanced by features, altered and factored by depreciation and grade. The Website will show description of the building, square footage of its incremental parts, but only a final assessment will contain the improvement component. Mr. Banagan advised grade and condition are probably the two main items reviewed. At the present time, the Real Estate Assessor's office does not go on-site to review property by property as the staff is not sufficient in number. The staff reviews the neighborhood to determine if average conditions still exist. On appeals, every home is reviewed. Concerning the number of "For Rent" signs on homes, which have been for sale for a longer period of time, Mr. Banagan advised real estate is moving into a market which is much slower. There is a great deal of unsold inventory out there. Concerning appeals, staff reviews the home to determine accurate data, The Tax Equalization Board will meet with the taxpayer with the Real Estate Assessor's office staff in attendance. Mr. Banagan advised the next assessment is now being finalized and he will be report to City Council in February or March. The figure will be modest compared to the 20% last year. Mr. Banagan expressed appreciation and the good fortune to have secured the services of Ron Agnor, Assistant Real Estate Assessor, and President - Pro Val Users Group, and Sue Cunningham, Real Estate Appraiser IlL and Secretary - Pro Val Users Group from Hampton. Mr. Banagan advised the assessments are driven by sale prices in the neighborhood, not by the budget needs of the City. The assessment will be based on 2007 data, as when these assessments were determined, they did not have the advantage of the 2008 sales. January 8,2008 - 9 - CITY MANAGER'S BRIEFING EMERGENCY OPERATIONS PLAN 2:22 P.M. ITEM # 57184 Mayor Oberndorf introduced Chief Steve Cover, Fire Department, to review the City of Virginia Beach Emergency Operations Plan (EOP). Chief Cover advised the review process has recently changedfrom past practices in that afour-year cycle and aformal adoption by City Council are among the requirements for compliance with state emergency management laws, Code of Virginia 9 44-146.19. The Emergency Operations Plan is a basic plan providing a framework to manage large scale incidents within the City of Virginia Beach. It is not an all encompassing plan. Legal References . Code of Virginia 44-146.19 . Four year update process * . EOP adoption by locality's governing body* · Code of the City of Virginia Beach Other References . National Incident Management System (Homeland Security) . Professional Standards: . NFPA 1600 Emergency Management Standards . Local Capabilities Readiness Assessment (LCAR) . Emergency Management Accreditation Program (EMAP) . National Preparedness System (NPS) Emergency Operations Plan Format Purpose Situation Assumptions Concept of Operations Organization Responsibilities Administration Authorities and References Tabs and Appendixes Chief Cover outlined the purpose of the Plan: The City's Emergency Operations Plan (EOP) provides an organizational framework and response capability from which the City can respond to natural, technological, man- made, or war-caused emergency events requiring a comprehensive integrated response. January 8, 2008 I' - 10 - CITY MANA GER'S BRIEFING EMERGENCY OPERATIONS PLAN ITEM # 57184 (Continued) The Emergency Operations Plan defines a series of situations that are relevant to the background and basis for the Plan. SITUATION . The City is vulnerable to various natural, technological, human, and wartime related threats for which planning is desirable . Hurricanes represent the primary catastrophic emergency facing the city and serves as the focal point for emergency planning . A variety of other threats exist including: pandemic, hazardous materials incidents, drought and water shortages, terrorist activity, nuclear energy accidents, air transportation accidents, civil disturbances, winter storms, and other types of severe weather that could result in a major or catastrophic emergency . Because of the strategic and military value of the Hampton Roads Region, this area is considered a potential target in the event of a war and a potential target for terrorist activity . The Emergency Operations Plan is mandated by city and state legislation and is also a requirement for emergency management assistance funding accepted by the City ASSUMPTIONS . The City has significant resources to deal with many emergencies; however, these resources can be quickly overwhelmed and exhausted due to the escalation of a major or catastrophic emergency . The City will strive to plan for an accepted level of risk for those emergencies it might face; realizing that total preparedness is not a realistic goal . The public should be prepared to react to the threat of an emergency and prepare for the possibility of being isolated from public services. While 72 hours is considered the standard to be prepared to be on your own, the ability to survive for up to a week needs to be considered . The City would depend upon outside resources and assistance during a major emergency. However, outside assistance may take up to 72 hours, or longer, to arrive and effectively deal with the consequences of a major emergency . Large scale emergencies are managed from the Emergency Operations Center (EOC), a centralized operation, located at 2508 Princess Anne Road, Building 30 Concept of Operations . Direction and Control . Comprehensive Emergency Management . National Incident Management System (NIMS) . Incident Command System (ICS) . Emergency Management Functions . Emergency Operations Center (EOC) January 8,2008 - 11 - CITY MANAGER'S BRIEFING EMERGENCY OPERATIONS PLAN ITEM # 57184 (Continued) A significant part of the Emergency Operations Plan is the assignment of responsibilities. The general responsibilities are applicable to all within the organization. Responsibilities (General) . IdentifY and classify departmental missions to include: Vital, Essential, Critical, and Non- essential missions . Prepare contingency plans and procedures to ensure business continuity witlt regards to general government and internal organizational operations . Assess and report any injuries, loss of life, and/or damage to facilities and equipment associated witlt tlte emergency to the EOC . Provide records and reports to document emergency activities for possible reimbursement tltrough tlte Public Assistance Program . Develop public information materials for distribution in emergency situations . Communicate emergency responsibilities to employees to ensure tlteir preparedness when responding to any emergency situation . Prepare to work in non-traditional and supporting roles wlten needed . Establislt appropriate lines of succession for organizational functions . Provide for tlte protection of vital records and other resources within your area of responsibility . Develop and maintain appropriate communications and notification procedures January 8, 2008 - l2 - CITY MANA GER'S BRIE FING EMERGENCY OPERATIONS PLAN ITEM # 57184 (Continued) City Clerk and City Counc:il 1. Monitor City emergency preparedness and response 2, Ratify City Manager's emergency declarations 3. Consider emergency ordinances when proposed in emergency situations 4. Participate in public relations activities as requested Public Utilities 1. Provide potable water and sanitary sewer services 2. Operate and maintain the City's water distribution system 3. Assist Hampton Roads Sanitation District (HRSD) with sanitary sewer operations 4. Coordinate provisions for outside water sources 5. Assist the City of Norfolk Moore's Bridges Water Treatment Facility to ensure adequate water pressures and flows are maintained in the City of Virginia Beach The Emergency Operations Plan includes a wide range of documents, legislation and information that are utilized as reference tools to support the operation of the Emergency Operations Plan. Examples of this documentation are the National Response Plan, Layout of Mercy Operations Center, Critical Infrastructure Issues, Flood Maps, staffing documents, etcetera. The goal of the Emergency Planning Process (EOP) in Virginia Beach is to enhance emergency preparedness within the community. The EOP is just one of many plans that make up what is called the Comprehensive Emergency Management Plan (CEMP). Currently, a variety of complementary plans are in varying stages of development. These plans are a continuous improvement process and a dynamic one that is constantly working on issues Comprehensive Emergency Management Plan (CEMP) · Basic Emergency Operations Plan (EOP) · Administrative Plan · Functional Annexes · Support Annexes · Incident Specific Appendixes · Hazard Mitigation Plan · Continuity of Government and Operations Plan Mayor Oberndorf expressed appreciation to Chief Cover and his stafffor their dedication. All of the citizens who reside and work around Shore Drive are very proud of the new Fire Station. January 8, 2008 - 13 - CITY COUNCIL LIAISON REPORTS 2: 53 P.M. ITEM # 57185 Councilman DeSteph referenced a series of meetings with the Southeastern Public Service Authority (SPSA) representatives re flow control. SPSA is still gathering additional information to respond to concerns. Additional questions were raised by Councilman DeSteph and other Virginia Beach and Chesapeake City Council members re the financial model. When responses are received, Councilman DeSteph shall share. Mayor Oberndorf advised of a visit from the Southeastern Public Service Authority (SPSA) and their lobbyist. Concerning the Briefing attended by Mayor Oberndorf and Vice Mayor Jones, SPSA representatives have offered to give the same report to City Council and pose their concerns. SPSA is also requesting the City support the Regional Waste Management Study and AUTHORIZE the City Manager to execute the Virginia Beach portion of the Study to include a review of the existing (SPSA) system and evaluate needsfor the future 2018 to 2050. This item is scheduledfor today's City Council Formal Session (January 8, 2008). January 8,2008 - 14 - CITY COUNCIL COMMENTS 2:55 P.M ITEM # 57186 Council Lady Henley advised re a constituent's concern relative amendments defining Major Recreational Equipment and location, particularly in relation to "L" shaped ranch homes (ADOPTED: November 13, 2007). Ordinance to AMEND Sections 111 and 205 of the City Zoning Ordinance (CZO) defining "Major Recreational Equipment" and restricting the locations on which such equipment may be stored Karen Lasley, Zoning Administrator, has been unable to contact the citizen. Council Lady Henley advised Mrs. Lasley believes this Ordinance is working itself out and has not met with a great deal of opposition. However this gentleman points to the fact that for years he was in compliance and then suddenly the next day was not, because the regulation was changed. At the time, the equipment purchased was also legal. He now has the financial hardship of storing the vehicle elsewhere. Council Lady Henley inquired, as this is a hardship, could the citizens affected by allowed additional time for compliance. Ms. Lasley advised there are two (2) main neighborhoods that are impacted. Even the citizen who had expressed concern to Council Lady Henley is now in compliance, It does involve a cost, whether a concrete slab or a new location for the RV. Ms. Lasley will advise the citizens concerned with compliance to contact her personally and she will provide assistance. ITEM # 57187 Council Lady Henley had referenced previously the report from the Historic Sites Organizing Committee would be received today. Council Lady Henley would like to bring forward a proposed item addressing the tax incentive for owners of historic properties and the owner's ability to retain them during the next City Council Session. Council Lady Henley believes it is important to move this forward in order to be a part of this year's Operating Budget. January 8, 2008 - 15 - AGE N DA REV IE W S E S S ION 3:03 P.M ITEM # 57188 3. Ordinance to CREATE a new Capital Budget item and APPROPRIATE $3,213,780 from the Department of Homeland Security's (DHS) Urban Area Security Initiative (UASI) program for procuring services and equipment necessary in the implementation of the Hampton Roads Overlay Regional Interoperability Network (ORION). Council Lady McClanan inquired re the number of radios involved. Gwen Cowart, Director - Communications and Information Technology, advised this grant is actually focused on the rest of the region. The City is administering the contracts. The majority of this funding will be to install radio towers, Each of the Cities will be getting a small number of radios. The City of Virginia Beach will receive approximately forty (40). These will operate on the City of Virginia Beach and regional networks. The Network will be extended to allow the City to communicate all the way to James City County and westward to Franklin. This is the advantage of the Orion Network, it gives the City one network to inter- communicate between all of the cities in the region, as opposed to separate radio networks. ITEM # 57189 1. Resolution SUPPORTING multi-modal accommodations for interim improvements to City rights-ofway to enhance safety for pedestrians and cyclists (requested by Council Lady Rosemary Wilson). Correspondence of January 7, 2008, from Council Lady Wilson was referenced. Council Lady Wilson has spoken with Council Lady Henley and they have agreed to DEFER this Resolution until the City Council Session of January 22, 2008, Council Lady Wilson will be speaking on this subject with the Agricultural Advisory Committee previous to that date. Council Lady Henley advised this whole issue with biking is important and needs to be done without creating conflicts. Council Lady Henley is not so sure the City Council is not raising expectations within the biking community. ITEM # 57190 BYCONSENSUS, thefollowing items shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND and REORDAIN Section 10-1 of the City Code moving Buckner Precinct Polling Place to Green Run Baptist Church 2. Ordinances to A UTHORIZE temporary encroachments: a. Dana R. Jackson into Island Lake to construct and maintain one hundred nineteen (119) linear feet of vinyl bulkhead, five-foot (5') return, five-foot x sixteen-foot (5 'xI6 ') access pier leading to a four-foot x 32- foot (4 'x32 ') finger pier and a twelve-foot x twelve-foot (12 'xI2 ') 10,000 pound boatlift supported by four (4) eight inch x 30-foot (8 "x30 ') wood piles at the rear of2400 Windward Shore Drive DISTRICT 5 - LYNNHA VEN b. James B., Jr. and Terri L. Ewing and Glen A. and M Nicole Williams into Lake Rudee to construct and maintain a portion of an open pile pier at the rear of 726 Kennedy Avenue, DISTRICT 6 - BEACH January 8,2008 - 16 - AGE N DA REV I E W S E S S ION ITEM # 57190 (Continued) c. 1 th Street L. C. (AKA 1 th Street L.L. C.) into a portion of 1 th Street, Atlantic and Ocean Avenues to construct and maintain landscaping, concrete pavers, cobblestone and drip irrigation system including a 4" PVC irrigation sleeve and a 2" PVC irrigation electric wiring sleeve DISTRICT 6 - BEACH 3. Ordinance to CREATE a new Capital Budget item and APPROPRIATE $3,213,780 from the Department of Homeland Security's (DHS) Urban Area Security Initiative (UASI) program for procuring services and equipment necessary in the implementation of the Hampton Roads Overlay Regional Interoperability Network (ORION). 4. Ordinance to APPROPRIATE $48,000 from the General Fund Reserve for Contingencies re the City's share of costs for the Tidewater Builders Association's (TBA) Building Trades Academy to provide low income Virginia Beach residents a pre-apprenticeship program for future employment in the residential construction industry. 5. Resolution SUPPORTING multi-modal accommodations for interim improvements to City rights-ofway to enhance safety for pedestrians and cyclists (requested by Council Lady Rosemary Wilson). 6. Resolution to EXPRESS SUPPORT for a Regional Waste Management Study by providing partial funding re Landfill #2 expansion and to A UTHORIZE the City Manager to execute the Virginia Beach portion of the Study to include a review of the existing (SPSA) system and evaluate needs for the future 2018 to 2050. Item 5 (multi-modal accommodations for interim improvements) shall be DEFERRED, BY CONSENT, until the City Council Session of January 22, 2008. January 8, 2008 - 17 - AGE N DA REV IE W S E S S ION ITEM # 57191 2. Application of FOR PETE'S SAKE, L.L.c. for a Conditional Use Permit re a riding academy and horses/or hire or boarding at 2428 London Bridge Road. DISTRICT 7 - PRINCESS ANNE Council Lady Henley referenced this application is within the Hunt Club property. All of these properties are served by the privately owned gravel roads. Council Lady Henley requested more staff information re the drainage of this property. This item shall be discussed during the Formal Session. ITEM # 57192 \ 3. Ordinances to AMEND: a. Sections 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 and ADDING provisions re redevelopment of property in Air Installations Compatible Use Noise Zones (AICUZ) b. Official Zoning Map by ADDING Sub-Areas I, 2 and 3 of the 65 - 70 dB DNL Noise Zone c, Comprehensive Plan by incorporating provisions re the 65 - 70 dB DNL Noise Zone and Interfaculty Traffic Area and a Map of Sub-Areas I, 2, and 3 of the 65- 70 dB DNL Noise Zones Council Lady McClanan referenced several calls re the length of time these properties would be boarded up. The City Attorney advised a City committee is reviewing these properties and their disposal. The Oceana Land Use Conformity Committee meets one a month and a report can be provided re these homes on January 22, 2008. Mr. Lilley advised the City Ordinance ceasing residential development in APZ-I Clear Zone Areas was ADOPTED December 20, 2005. There were some developments and lots that were vested, zoned correctly and substantial expenditures were involved in the development of these properties, prior to the time the Ordinance was enacted. Those vested properties were permitted to go forward. However, City Council, directed the staff, whenever possible, to try to negotiate with the vested property owners to prevent the construction of new residences. The City staff made diligent efforts to purchase the development on London Bridge Road before it was constructed. The price was too high. Council Lady McClanan requested a letter be written to The Beacon addressing this issue. January 8, 2008 - 18 - AGENDA RE VIE W SESSION ITEM # 57193 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA K. PLANNING I. Variance to J4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO), Subdivision for RJP, L.L.c., at 204 62nd Street re subdividing an existing lot into two (2) lots and redeveloping a single-Jamily dwelling on each of the newly created lots. DISTRICT 5 - LYNNHA VEN 3 Application of HOPE LUTHERAN CHURCH for a Conditional Use Permit re a columbarium at 5350 Providence Road. DISTRICT 2 - KEMPSVILLE 4. Application of NANTUCKET BY THE BAY, L.L. C for the Modification to a Conditional Change of Zoning request (approved by City Council on October 25, 2005 for S & J LLC) at 3762 Shore Drive and 3707 Stratford Road DISTRICT 4 - BAYSIDE Item K.4 (NANTUCKET BY THE BAY, L.L.C) shall be DEFERRED, BY CONSENT, until the City Council Session of January 22, 2008. January 8,2008 - 19 - ITEM # 57194 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies Performance of Council Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of City Property: Princess Anne Commons Lynnhaven Marina 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). Team Effort, Inc., t/a Hammerheads v, City of Virginia Beach, et al The Block, Inc. t/a Crazy Charlie's v. City of Virginia Beach, et al Royal Restaurants, Inc. t/a Chicho 's v. City of Virginia Beach, et al Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 3:30 P.M. January 8, 2008 - 20- ITEM # 57194 (Continued) Voting: 10-0 Council Members Voting Aye: Harry E. Diezel William R. "Bill" DeSteph, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf John E. Uhrin, and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson (Break: 3:34 P.M. - 3:40 P.M.) (Private Session: 3:40 P.M. - 4:00 P.M.) (Closed Session: 4:00 P.M. - 5:50 P.M.) (Dinner: 5:50 P'M. - 6:10 P.M.) Robert M Dyer, Reba S. McClanan, Ron A. Villanueva, January 8,2008 - 21 - FORMALSESSION VIRGINIA BEACH CITY COUNCIL January 8, 2008 6:15 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, January 8, 2008, at 6: 15 P.M Council Members Present: Harry E. Diezel, 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 1. Wood Council Members Absent: None INVOCATION: Reverend Kevin Milcarek Pastor, Back Bay Christian Assembly 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 10, 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. January 8,2008 - 22- 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. January 8,2008 - 23 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 57196 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, 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 and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Rosemary Wilson Council Members Absent: None Council Lady Wilson ABSTAINED as she arrived very late during the Closed Session and did not participate in those discussions. She was returning from driving her daughter to Dulles International Airport. January 8,2008 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 # 57194, Page 19) 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, NOff, THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard) discussed or considered by Virginia Beach City Council. January 8, 2008 - 24- Item V- F.l ITEM # 57197 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of December 11, 2007. Voting: 10-0 Council Members Voting Aye: 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 Abstaining: William R. "Bill" DeSteph Council Members Absent: None Councilman DeSteph ABSTAINED as he was out of town, attending the funeral of his Grandmother. January 8, 2008 Item V-G.2. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 25 - ITEM # 57198 AGENDA FOR THE FORMAL SESSION January 8, 2008 I I I - 26- Item V-H.l MAYOR'S PRESENTATION ITEM # 57199 Mayor Oberndorf RECOGNIZED the attendance of Mr. Jackson and Mrs. Watson's PRINCESS ANNE HIGH SCHOOL classes Mayor Oberndorf presented the Students City Seal pins January 8,2008 I; II - 27 - Item V-H.I. PUBLIC HEARING ITEM # 57200 Mayor Oberndorf DECLARED a PUBLIC HEARING: ELECTION PRECINCT CHANGE AT BUCKNER From Holy Spirit Catholic Church to Green Run Baptist Church There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING. January 8,2008 - 28- Item V-H.2. PUBLIC HEARING ITEM # 57201 Mayor Oberndorf DECLARED a PUBLIC HEARING: CAPITAL BUDGET AMENDMENT FOR FY 2007-08 Urban Area Strategic Initiative Interoperable Communications Technology Grant There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING. January 8,2008 - 29- Item V-J. ORDINANCES/RESOLUTIONS ITEM # 57202 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION Ordinances/Resolutions J, 2a/ble, 3, 4, 5 (DEFERRED) and 6 of the CONSENT AGENDA. Item J.5 (multi-modal accommodations for interim improvements) shall be DEFERRED, BY CONSENT, until the City Council Session of January 22, 20008. 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 January 8, 2008 I il - 30 - Item V-J.1. ORDINANCES/RESOLUTIONS ITEM # 57203 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 10-1 of the City Code moving Buckner Precinct Polling Place to Green Run Baptist Church 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 January 8,2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE TO AMEND AND REORDAIN SECTION 10- 1 OF THE CITY CODE BY MOVING BUCKNER PRECINCT POLLI NG PLACE SECTION AMENDED: 9 10-1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 10-1 of the City Code is hereby amended and reordained, to read as follows: Sec. 10-1. Establishment of precincts and polling places. There are hereby established in the city the following precincts and their respective polling places, as set forth below: Precinct Polling Place Alanton Elementary School Kemps Landing Magnet School Arrowhead Elementary School Avalon Church of Christ Ebenezer Baptist Church Bayside Elementary School Salem Middle School Blackwater Fire Station Virginia Beach Free Will Baptist Church Brandon Middle School Bow Creek Recreation Center Holy Spirit Catholic Church Green Run Baptist Church Research and Enlightenment Building (Edgar Cayce Library) Back Bay Christian Assembly Centerville Elementary School Bayside Baptist Church College Park Elementary School Colonial Baptist Church Lynnhaven Colony Congregational Church Corporate Landing Middle School Courthouse Fire Station Creeds Fire Station Salem United Methodist Church Ocean Lakes High School Green Run High School 1 Alanton Aragona Arrowhead Avalon Baker Bayside Bellamy Blackwater Bonney Brandon Brookwood Buckner Cape Henry Capps Shop Centerville Chesapeake Beach College Park Colonial Colony Corporate Landing Courthouse Creeds Cromwell Culver Dahlia 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 Davis Corner Eastern Shore Edinburgh Edwin Fairfield Foxfire Glenwood Great Neck Green Run Haygood Hillcrest Precinct Holland Homestead Hunt Indian Lakes Kings Grant Kingston Lake Christopher Lake Joyce Lake Smith Landstown Larkspur Lexington Linkhorn Little Neck London Bridge Lynnhaven Magic Hollow Malibu Manor Mt. Trashmore Newtown North Beach North Landing Ocean Lakes Ocean Park Oceana Old Donation Pembroke Pinewood Plaza Pleasant Hall Point O'View Red Wing Reon Rock Lake Bettie F. Williams Elementary School Eastern Shore Chapel St. Aidan's Episcopal Church Kempsville Recreation Center Kempsville Presbyterian Church Princess Anne Middle School Glenwood Elementary School All Saints Episcopal Church Green Run Elementary School Haygood United Methodist Church Victory Baptist Church Holland Elementary School Providence Presbyterian Church Princess Anne Recreation Center Indian Lakes Elementary School St. Nicholas Catholic Church King's Grant Presbyterian Church New Convenant Presbyterian Church Morning Star Baptist Church Bayside Church of Christ Landstown Community Church St. Andrews United Methodist Church Kempsville Church of God Virginia Beach Community Chapel Lynnhaven United Methodist Church London Bridge Baptist Church Grace Bible Church Roma Lodge No. 254 Malibu Elementary School Providence Elementary School Windsor Woods Elementary School Good Samaritan Episcopal Church Galilee Episcopal Church Hope Haven Ocean Lakes Elementary School Bayside Community Recreation Center Scott Memorial United Methodist Church Old Donation Center for Gifted Pembroke Elementary School Lynnhaven Presbyterian Church Lynnhaven Elementary School Kempsville Baptist Church Pleasant Hall Annex Kempsville Church of Christ Fraternal Order of Police, Lodge #8 Woodstock Elementary School Salem Elementary School 2 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 Rosemont Forest Roundhill Rudee Seatack Shannon Shelburne Shell Shelton Park Sherry Park Sigma South Beach Stratford Chase Strawbridge Tallwood Thalia Thoroughgood Timberlake Trantwood Upton Village Windsor Oaks Witchduck Wolfsnare Central Absentee Voter Precinct Rosemont Forest Elementary School Salem High School Virginia Beach Volunteer Rescue Squad Building Mount Olive Baptist Church Church of the Ascension Christopher Farms Elementary School Unity Church of Tidewater Shelton Park Elementary St. Matthews Catholic Church Red Mill Elementary School Contemporary Art Center of Virginia Community United Methodist Church Strawbridge Elementary School Tallwood Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church Three Oaks Elementary School Thalia Lynn Baptist Church St. Francis Episcopal Church Bayside Presbyterian Church Virginia Beach Christian Life Center AgricultureNoter Registrar Building 118 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8th 119 day of January , 2008. APPROVED AS TO CONTENT: ~~Qkw~ Voter Registrar U CA 10602 R-2 December 28,2007 APPROVED AS TO LEGAL SUFFICIENCY: ~~cr- 3 ,I I - 31 - Item V-J.2.a. ORDINANCES/RESOLUTIONS ITEM # 57204 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments: Dana R. Jackson into Island Lake to construct and maintain one hundred nineteen (119) linear feet of vinyl bulkhead, five-foot (5') return, five100t x sixteen-foot (5 'xI6 ') access pier leading to afour100t x 32-foot (4 'x32 ') finger pier and a twelve-foot x twelve100t (12 'xI2 ') 10,000 pound boatlift supported by four (4) eight inch x 30-foot (8"x30') wood piles at the rear of 2400 Windward Shore Drive, DISTRICT 5 - LYNNHA VEN: The following conditions shall be required: I. 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. 2. 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. 3. 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 removedfrom the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 4. The Grantee 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 construction, location or existence of the Temporary Encroachment. 5. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. The Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 7. The Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit "). January 8, 2008 i I, I 1 - 32 - Item V-J.2.a. ORDINANCES/RESOLUTIONS ITEM # 57204 (Continued) 8. The Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer ''). The Buffer shall not be established during the months of June, July or August so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer, The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection. Upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 9. The Grantee 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 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. 10. The Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 11, The City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. January 8, 2008 I I I i - 33 - Item V-J.2a. ORDINANCES/RESOLUTIONS ITEM # 57204 (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 January 8, 2008 I I il 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO CITY PROPERTY KNOWN AS 6 ISLAND LAKE LOCATED AT THE 7 REAR OF 2400 WINDWARD SHORE 8 DRIVE BY DANA R. JACKSON 9 10 WHEREAS, Dana R. Jackson desires to construct and maintain one hundred 11 nineteen (119) linear feet of vinyl bulkhead, a 5' return, a 5' x 16' access pier leading to 12 a 4' x 32' finger pier and a 12' x 12' 10,000 pound boatlift supported by four (4) 8" x 30' 13 wood piles upon the City's property known as Island Lake located at the rear of 2400 14 Windward Shore Drive, in the City of Virginia Beach, Virginia. 15 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 1 7 City's property subject to such terms and conditions as Council may prescribe. 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That pursuant to the authority and to the extent thereof contained in 99 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Dana R. Jackson, his heirs, 22 assigns and successors in title are authorized to construct and maintain a temporary 23 encroachment for one hundred nineteen (119) linear feet of vinyl bulkhead, a 5' return, a 24 5' x 16' access pier leading to a 4' x 32' finger pier and a 12' x 12' 10,000 pound boatlift 25 supported by four (4) 8" x 30' wood piles in the City's property known as Island Lake as 26 shown on the map marked Exhibit "A" and entitled: "Encroachment, Scale: 1" = 40' For 27 Dana Jackson 2400 Windward Shore Drive, Virginia Beach, VA 23451 GPIN 1499-98- 28 6630," a copy of which is on file in the Department of Public Works and to which 29 reference is made for a more particular description; and 30 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 31 subject to those terms, conditions and criteria contained in the Agreement between the 32 City of Virginia Beach and Dana R. Jackson (the "Agreement"), which is attached hereto 3 3 and incorporated by reference; and 3 4 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 3 5 is hereby authorized to execute the Agreement; and 36 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 37 time as Dana R. Jackson and the City Manager or his authorized designee execute the 38 Agreement. 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th 40 day of January , 2008. CA-10544 V :lapplicationslcitylawprodlcycom32lWpdocslD012lP003100045430 .DOC X:IOIDlREAL EST A TEIEncroachmentslPW OrdinanceslCA 10544 Jackson.doc R-1 PREPARED: 10/22/07 t~ C. ~.sCV'. BLlC WORKS, REAL ESTATE APPROVED AS TO CONTENTS I II PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811 (C) (4) THIS AGREEMENT, made this if th day of fJ(''Ivoel'" , 2002-, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DANA R. JACKSON, HIS 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 "Lot 43, Section One, Bay Island" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA LYNNHAVEN MAGISTERIAL DISTRICT SCALE: 1"=100', FEBRUARY, 1958" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2400 Windward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain one hundred nineteen (119) linear feet of vinyl bulkhead, 5' return, 5' x 16' access pier leading to a 4' x 32' finger pier and a 12' x 12' 10,000 pound boatlift supported by four (4) 8" x 30' wood piles, collectively the "Temporary Encroachment", in the City of Virginia Beach; GPIN 1499-98-6630 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Island Lake the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in 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 SCALE: 1" = 40' FOR DANA JACKSON 2400 WINDWARD SHORE DRIVE, VIRGINIA BEACH, VA 23451 GPIN 1499- 98-6630," 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 2 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. 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, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 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 Gra ntee. 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 obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the enti,re length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a 3 I I I Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, tl1rough the Buffer to the shoreline is allowed. 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 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 Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. 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 4 Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Dana R. Jackson, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , ,2008, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. (SEAL) Notary Registration Number: My Commission Expires: Notary Public 5 (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2008, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. (SEAL) Notary Public Notary Registration Number: My Commission Expires: STATE OF VIRGINIA CITY/COUNTY OF Pon.TsfflOL{-t ~ , to-wit: The foregoing instrument was acknowledged before me this ~ -b.- day of ()C.. T 0 (). E. a... ,2007, by Dana R. Jackson. Notary Registration Number: 316149 My Commission Expires: J 0 NO"; ;),,0 I 0 --{~ J,~ Notary Public (SEAL) VAN.IM,.UC, Notory I'ubltc eom~ or VlrIInfa "6149 At Comm'lt'on fJr Nov _ -.2010 6 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL !~G~~Ej3:~,OFORM ~cs C.~~ 51 . NATURE PIv I<E17/ [&+46 DEPARTMENT X:\Projects\Encroachments\Applicants\Jackson, Dana - Windwood Shore Dr - LH\Agreement Encroachmentdoc 7 ISLAND lAKE CITY OF VIRGINIA BEACH OWNS ISlAND LAKE CANAL PARCEL -- 66' MLWTO MLW "'~HW ' , MlW-- ' '\. 66' TO FAR ~ SHOo EXHIBIT A 0f~ ....... EBB , Fl.,OOlJ PROPOSED 12')(12'10,oooLB BOATLIFT SUPPORTED BY 4 - 8"x 30' WD PILES 2.5. CCA DRIVEN TO 50% PENETRATION MHW AND MLW AT BULKHEAD EXISTING PIEP. TO BE DEMO. AND DISPOSED OF PROPOSED 119'lINEAR FEET OFVINYL SHEET PILE BULKHEAD APO-' l' BAY _ GP/N# 14'99~-i9a~55;33 rt:Ii: ...w. CERTIFIED & SEALED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS RICHARD BARTLETT, P.E. 5316 BROCKIE STREET VIRGINIA BEACH, VA23464 'These plans are for pennltpurposes only. No geotechnical or structural borings have taken plaoe at this site. Contracrorand/or owner shall verify bottom conditions. It shalf be the owner's and/or contractor's retponslbij' to Iocato and malt an underground utilities or s rlkler systems.M PURPOSE: PREYENTEROSION ENCROCHMENT IN: BROAD BAY SCAI.E: 1" = 40' FOR DATUM: M.L.W. .0.00 ADJACENT PROPERTY OWNERS: 1.) BAY 1499-:98-5533 2JVANDERPOLl ~ 499-98~ 777 0 DANA JACKSON 2400 WINDWARD SHORE DRIVE VIRGINIA BEACH. VA 23451 GPIN 1499-98-6630 3712 ADA S STREET PO AT:' SAY ISLAND CIlY : I/IRGINIA BEACH STATE: VIRGINIA DAlE: 8-22,- 0 7 SHEET NO. 1 OF 1 SOUTH} VIRGINIA 23703 TEL. 75.,,68.2277 0> > 'C o C 0> o '- en 0 JlI::::..c. oC/) CO "'0 J '- CO CO C :s: CO "'0 o~ o '-0 O>-q- ~N o >-en t en 0> 0> 0.'- 0"'0 ,-"'0 0..<( +-' ..c. 0> >- "C ~ <3 g- O +-' +-'0>0> en..c...c. +-'+-, :i~'i:' .<'11. en :s: o ..c. en +-'Cc+-, CO ..c. . - ..c. :5+-'0>0> '- '3: :5 "C .~ en t5 E 0. c'- 0 0>0>0..~ "~E ",Q en..c.O>LU .- 0 JlI:::: XCOCO+-, 0> 0 -I en 0> '- "'0 CO COCO>+-, .- C CO 0> en :s: 0> en C CO o '- _ "- 0> ..c. CO 0 en "E ~ ~ g> ~'w s; ~"~ O>"'O:>O>'+- o.coo.'- e CO ~ e .~ 0. "'0 >- 0. 0. t5~ait5g> 0> 0 0> .- E 0. "-' en :J E 0 ..0 .- C/)o>~:Jx '- u.. en 0> o ~ o ..c en -:; ~ ~ o ~ "E ro ~ u c ~ ~ a. ro ::;E ro u c ell OJ ~ 1Jl .!!1 u: () e::: ~ o ell "e 9:- X o o N W to- ~ U)Z~ W 0 ::JOwo aU) M a..w~~(O <(D::O~<9 :EJ-~(/)~ ZZ~ocn OWI.l.",c>> -:E.......I.I.~ ~:J:z~~ O~<(~~ 0"""'0 a.. ...JO~~C) ~O~ OLLo Z 0 W ~ N ~~ o ~: ~ 25 T- :J ro ~ ::J OJ (/) ell o .,: ell (J) t: Cl a. 'l. ::l (f) ci> c ~ Ol c W ~ c.: >. .0 ~ ro c_ QJ ~. Q. - 34- Item V-J.2.h. ORDINANCES/RESOLUTIONS ITEM # 57205 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to A UTHORIZE temporary encroachment: James B., Jr. and Terri L. Ewing and Glen A. and M Nicole Williams into Lake Rudee to construct and maintain a portion of an open pile pier at the rear of 726 Kennedy Avenue, DISTRICT 6 - BEACH The following conditions shall be required: 1. 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. 2. Nothing herein shall prohibit the City from immediately removing, or ordering Mr. EWING to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Mr. EWING shall bear all costs and expenses of such removal. 3. The Temporary Encroachment herein authorized terminates upon notice by the City to Mr, EWING, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by Mr. EWING; and that Mr. EWING will bear all costs and expenses of such removal. 4. Mr. EWING shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 5. 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 Mr. EWING. 6. Mr. EWING agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard 7. Mr. EWING must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit "). January 8, 2008 - 35 - Item V-J.2.b. ORDINANCES/RESOLUTIONS ITEM # 57205 (Continued) 8. Mr. EWING shall establish and maintain a riparian buffer on the Ewing Property, which shall be a minimum of five (5) feet in width landward from the shoreline, as shown on the aforesaid attached Exhibit, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer '). The Buffer shall not be established during the months of June, July or August so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, Mr. EWING must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. Mr, EWING shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined solely by the City, the bond shall be released An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed Mr. EWING shall, in addition, make a THREE HUNDRED DOLLAR ($300.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the riparian buffer area that cannot be established on the two (2) properties involved in this Encroachment (the Ewing Property and the Williams property). Said payment is equal to the cost of plant material that would have been required on the two (2) properties in order to establish the fifteen (15) feet of riparian buffer restoration required for shoreline encroachments as C! standard condition of the City. 9. Mr. EWING 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 named insured or loss payee, as applicable. Mr. EWING 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. Mr. EWING 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. Mr. EWING assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 10. The Temporary Encroachment must conform to the minimum setback requirements, as established by the City. II.Mr. EWING 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, ifrequired by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 12. The City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to Mr. EWING, and collect the cost in any manner provided by law for the collection of local or state taxes; may require Mr. EWING to remove the Temporary Encroachment,' and pending such removal, the City may charge Mr. EWING 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 Mr. EWING; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. January 8, 2008 - 36 - Item V-J.2.b. ORDINANCES/RESOLUTIONS ITEM # 57205 (Continued) 13. Mr. WILLIAMS joins in this Agreement solely for the purpose of acknowledging the terms of this Agreement as between the City and Mr. EWING and agreeing that the City shall be entitled to any and all access upon the Williams Property as reasonably necessary and providedfor here in for enforcement of the rights of the City as and between the City and Mr. Ewing, without any liability of Mr. WILLIAMS for any of the obligations and/or responsibilities set forth in this Agreement, and without any benefit of this Agreement running to Mr. WILLIAMS except as expressly provided herein for the following indemnification obligation of Mr, EWING. 14. Mr. EWING agrees to indemnify and hold harmless Mr. WILLIAMS and the City from any and all loss, damage, costs or expenses, including reasonable attorney fees incurred, incurred by Mr, WILLIAMS and/or by the City as a result of the failure of Mr. EWING to perform the obligations and agreements of Mr, EWING contained in this Agreement and/or as a result of enforcement by the City of any of the terms of this Agreement. 15. The obligations of Mr. EWING, under this Agreement, shall be deemed obligations and covenants running with title to the Ewing Property and shall bind any such successor and assign owners of the Ewing Property, inuring to the benefit of the City, and the indemnification of Mr. EWING to Mr. WILLIAMS and the City shall be deemed obligations and covenants running with title to the Ewing Property and shall bind any such successor and assign owners of the Ewing Property inuring to the benefit of Mr. WILLIAMS and any such successor and assign owners of the Williams Property and to the City. 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 January 8, 2008 1 Requested by Department of Public Works 2 3 AN ORDI NANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE CITY PROPERTY 6 KNOWN AS LAKE RUDEE FOR 7 JAMES B. EWING, JR. AND TERRI L. 8 EWING AND GLEN A. WILLIAMS AND 9 M. NICOLE WILLIAMS 10 11 WHEREAS, JAMES B. EWING, JR. a nd TERRI L. EWING (the "EWINGS") 12 desire to construct and maintain a portion of an open pile pier within a portion the City's 13 property known as Lake Rudee, located at the rear of 726 Kennedy Avenue, in the City 14 of Virginia Beach, Virginia. 15 WHEREAS, the property owned by the EWINGS, located at 732 Kennedy 16 Avenue, is benefited by an easement on and over a portion of the property located at 1 7 726 Kennedy Avenue, which said easement is for the purposes of constructing, 18 maintaining, and using docking facilities on and from a portion of the 726 Kennedy 19 Avenue property. 20 WHEREAS, GLEN A. WILLIAMS and M. NICOLE WILLIAMS (the "WILLIAMS"), 21 as owner of the 726 Kennedy Avenue property, acknowledge the said construction and 22 maintenance of such an open pile pier. 23 WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107, 24 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 25 City's property subject to such terms and conditions as Council may prescribe. 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That pursuant to the authority and to the extent thereof contained in SS 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, JAMES B. EWING, JR. and 30 TERRI L. EWING , their heirs, assigns and successors in title are authorized to 31 construct and maintain a temporary encroachment for a portion of an open pile pier 32 within a portion of the City's property known as Lake Rudee as shown on the map 33 marked Exhibit "A" and entitled: "PROPOSED ENCROACHMENT FOR GLEN A. AND 34 M. NICOLE WILLIAMS LOT B-1. AMENDED RESUB. OF LOTS A & B, BLOCK 40, 35 SHADOW LAWN HEIGHTS (M.B. 302, PG.99) FOR BENEFIT OF: JAMES B. AND 36 TERRI L. EWING LOT C. RESUBD. OF LOTS 16-19, BLK. 40, SHADOW LAWN 37 HEIGHTS (M.B. 286, PG. 44) BEACH DISTRICT AUGUST 7,2007," a copy of which is 3 8 on file in the Department of Public Works and to which reference is made for a more 3 9 particular description; and 4 0 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 41 subject to those terms, conditions and criteria contained in the Agreement between the 4 2 City of Virginia Beach and JAMES B. EWING, JR. and TERRI L. EWING, and GLEN A. 43 WILLIAMS and M. NICOLE WILLIAMS (the "Agreement"), which is attached hereto and 44 incorporated by reference; and 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 46 is hereby authorized to execute the Agreement; and 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 48 time as JAMES B. EWING, JR. and TERRI L. EWING, and GLEN A. WILLIAMS and M. 49 NICOLE WILLIAMS and the City Manager or his authorized designee execute the 50 Agreement. 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day 52 of January ,2008. CA-10537 V:lapplicationslcitylawprodlcycom32lWpdocslDO 1 0IP002100045277. DOC X:IOIDIREAL EST A TEIEncroachmentslPW OrdinanceslCA 10537 Williams-Ewing.doc R-1 PREPARED: 11/28/07 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~1h\(5 C. CMwJ5vV\ P IC WORKS, REAL ESTATE ryW1JJlJ~ ct CIT ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 2ih day of November, 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, "City", Grantor for indexing purposes, and GLEN A. WILLIAMS and M. NICOLE WILLIAMS, husband and wife, collectively "WILLIAMS", Grantor and Grantee for indexing purposes, and JAMES B. EWING, JR. and TERRI L. EWING, husband and wife, collectively "EWING", Grantor and Grantee for indexing purposes, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE. WIT N E SSE T H: That, WHEREAS, WILLIAMS is the owner of that certain lot, tract, or parcel of land designated and described as "LOT B-1" (the "Williams Property") as shown on that certain plat entitled: "AMENDED RESUBDIVISION OF PROPERTY LOTS A & B - BLOCK. 40 MAP OF SHADOWLAWN HEIGHTS" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") in Map Book 302, at Page 99, and EWING is the owner of that certain lot, tract or parcel of land designated and described as "LOT C" (the "Ewing Property") as shown on that certain plat entitled: "RESUBDIVISION OF PROPERTY LOTS 16-19, BLOCK. 40 MAP OF SHADOWLAWN HEIGHTS" and said plat is recorded in the Clerk's Office in Map Book 286, at Page 44. Said properties being further designated, known, and described as 726 Kennedy Avenue, Virginia Beach, Virginia 23451 (GPIN 2427-01-3257) and 732 Kennedy Avenue, Virginia Beach, GPIN'S: 2427-01-3257-0000, 2427-01-3206-0000, 2427-01-8282-0000 Virginia 23451 (GPIN 2427-01-3206), respectively. The Ewing Property (Lot C) is benefited by an easement located on the Williams Property (Lot B-1), which said easement is for the purposes of constructing, maintaining and using docking facilities, as evidenced by that certain Declaration of Easement recorded in Deed Book 4244 Page 1967 in the Clerk's Office, as amended by that certain First Amendment to Declaration of Easement recorded as Instrument # 20070910001234420 in the Clerk's Office. WHEREAS, it is proposed by EW ING to construct and maintain a portion of an open pile pier, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that EWING encroach into a portion of an existing City property known as Lake Rudee, the "Encroachment Area"; and WHEREAS, EWING has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to EWING 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 EWING 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 2 A Temporary Encroachment into the Encroachment Area as shown on those certain plats entitled: "PROPOSED ENCROACHMENT FOR GLEN A. AND M. NICOLE WILLIAMS LOT B-1. AMENDED RESUB. OF LOTS A & B, BLOCK 40, SHADOW LAWN HEIGHTS (M.B. 302, PG. 99) FOR BENEFIT OF: JAMES B. AND TERRI L. EWING LOT C. RESUB. OF LOTS 16-19, BLK 40, SHADOW LAWN HEIGHTS (M.B.286, PG. 44) BEACH DISTRICT AUGUST 7, 2007," 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 EWING to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and EWING 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 EWING, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by EWING; and that EWING will bear all costs and expenses of such removal. It is further expressly understood and agreed that EWING shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 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 3 to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than EWING. It is further expressly understood and agreed that EWING agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that EWING must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit"). It is further expressly understood and agreed that EWING shall establish and maintain a riparian buffer on the Ewing Pro perty, which shall be a minimum of five (5) feet in width landward from the shoreline, as shown on the aforesaid attached Exhibit, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, EWING must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. EWING shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined solely by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. EWING shall, in addition, make a THREE HUNDRED DOLLAR ($300.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the riparian buffer area that cannot be established on the two (2) properties involved in this Encroachment (the Ewing Property and the Williams 4 property). Said payment is equal to the cost of plant material that would have been required on the two (2) properties in order to establish the fifteen (15) feet of riparian buffer restoration required for shoreline encroachments as a standard condition of the City. It is further expressly understood and agreed that EWING 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 named insured or loss payee, as applicable. EWING also agrees to carry comprehensive general liability insurance in a n amount not less than $500,000.00, combined single limits of such insurance policy or policies. EWING 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. EWING 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 Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that EWING 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. 5 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 EWING, and collect the cost in any manner provided by law for the collection of local or state taxes; may require EWING to remove the Temporary Encroachment; and pending such removal, the City may charge EWING 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 EWING; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. WILLIAMS joins in this Agreement solely for the purpose of acknowledging the terms of this Agreement as between the City and EWING and agreeing that the City shall be entitled to any and all access upon the Williams Property as reasonably necessary and provided for herein for enforcement of the rights of the City as and between the City and Ewing, without any liability of WILLIAMS for any of the obligations and/or responsibilities set forth in this Agreement, and without any benefit of this Agreement running to WILLIAMS except as expressly provided herein for the following indemnification obligation of EWING. EWING agrees to indemnify and hold harmless WILLIAMS and the City from any and all loss, damage, costs or expenses, including reasonable attorney fees incurred, incurred by WILLIAMS and/or by the City as a result of the failure of EWING ton 6 perform the obligations and agreements of EW ING contained in this Agreement and/or as a result of enforcement by the City of any of the terms of this Agreement. The obligations of EWING under this Agreement shall be deemed obligations and covenants running with title to the Ewing Property and shall bind any such successor and assign owners of the Ewing Property, inuring to the benefit of the City, and the indemnification of EWING to WI LLlAMS and the City shall be deemed obligations and covenants running with title to the Ewing Property and shall bind any such successor and assign owners of the Ewing Property inuring to the benefit of WILLIAMS and any such successor and assign owners of the Williams Property, and to the City. IN WITNESS WHEREOF, JAMES B. EWING, JR. and TERRI L. EWING, and GLEN A. WILLIAMS and M. NICOLE WILLIAMS have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (The remainder of this page intentionally left blank.) 7 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of I 2008, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, On its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2008, 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: 8 ~G~/' " ", ( "....... ////~ ) <~f~N4\. WfrllAMS ~,Q /~LLwLt wlG,,-~ M. NICOLE WILLIAMS STATE OF VIRGINIA . CITY/OOUNTY OF \J \(C51()\Q ~C!.l.. , to-wit: The foregoing instrument was acknowledged before me this Z, lit- day of ~o\j'W\il.b ,2007, by GLEN A. WILLIAMS. My Commission Expires: N~bl>- 3-O,Wli) .~ ~~-' (SEAL) Notary Public \\IIIIII/t/II ",:, r MUII/IIII ........ r -' . . : . . . '. 'V.l:'\ // .... v.' y p ". 'I. / :::-..../,'r....~'?-~ u~'..p"", ~ .:: Ci) : 0 . <'...- '.'" -::. _'_ o. := : <': RE.GISTRATION \ :: =: tlUM3ER : <( = :: ~"'" 7057767": ~ ~ ~ %,'" .,,# :: // 1;:0...... ....~'" ............... /11 ~'VtA' "L'';'';~' o~ ,........ Iljjlll \,\ / I / II J \ \ \ I I \ Notary Registration Number: 7057767 STATE OF VIRGINIA _ CITY/COUN::J:Y OF \jl(if'ta. ~c.k I to-wit: The foregoing instrument was acknowledged before me this 27-J:i day of ~lM.6.vv- ,2007, by M. NICOLE WILLIAMS. . \\III\lIII/(ISJ<;AL) ...." (j'< ...:....<<1;;,1/// :::-..........A'?'....~~'?-.y PUS:':.'o /-::. .:: Ci) : 0 <',.. '. ((\ -::. - : <: 0 '. .- := i REGiSTRATiON': :: -' NU''''''"P : ~ ?i'" 705'7767./1 J ~ ~'" ..'~ ~ // 0..... "':\'~:::- /I<~EAL'T~'O<{ ~,........" /1///1111\\1\\ My Commission Expires: ~~ ~ ,l..OcO Notary Registration Number: 7057767 9 STATE OF VIRGINIA CITY/COUNTY OF \I i'r 9 ir1IUL PxjO c[l) to-wit: The foregoing instrument was acknowledged before me this ~30ih day of NC\le~Y\ be ( , 2007, by JAMES B. EWING, JR. () ')1tl)-CVvL.- H, / Notary Public { a!t()<;;il-V'-"w.~ ", \ I ,,\ \,,~,... - ~o " ., . ......... ~~ .' . ..' ,.,' s ()g:';~) ;- .... .~ ~<t""" jj i ;' . \ .. \ ~ I .,,, . \ :-, e; .. . .... . Ci.~~ .....-; ~.., .... ".t ..... ;' · \ -.,"'t. .. :!II ,. ('.~ YJ.O'\ "A) .~ ........ " '-. I\'~ anti ,,\\..~ "".....",,' My Commission Expires: [VIGl((.h ;:)j) 20iO Notary Registration Number: 7060535 STATE OF VIRGINIA CITY/COUNTY OF Vf (~) i nl Ct BaiLh, to-wit: The foregoing instrument was acknowledged before me this -30'ttl day of tJOVeh'1b:"1R..- ,2007, by TERRI L. EWING. ~c.~~ S GNATURE flV ({CAt &Jot DEPARTMENT X:\Projects\Encroachments\Applicants\Williams, Glen & Nicole - CC\Agreement Encroachment.doc ~!) ') cz,iUS.dY\"'~4 " ",j ........' -<,) .\" ,~ ,~,,"<.~ tiCI...;';-.. .' .' ... I' '" '. ~ tI ".. " '..."... ~:: :' ()... ..' ': ~ -= ~ ',0..... ~1.O' ~_.. · -. t ...1 .~'~' ~ 0'" ? "~ . 11)'_) .. ~ t~.....( .....r9~.j ~'? '. ".,.~O..., -, APPROVED AS TO LEGAL """"I/f i{,'j~'~ "",,, /?~;,: F"F ,~C, I"~~,,r ,Y, A ~'"D FORM "/1/11I"1"\\\\ 'I \ ,I ;1 il!i \ ]' 'i .'j' '\' I V \,.} I' \ .' J _, \.-. >..''--..,..' "\:_,,/ " \..' \ ,.1 OJ (,:w;J It/}t.. Notary Public My Commission Expires: lIJ1cu"ch -31) 2 010 Notary Registration Number: 7060535 APPROVED AS TO CONTENTS 10 \ \ LAKE RUDEE \ 'L. ~ 46'8'31" W 2,29'\-<\ f 9 10 \ I (j)\ I ~\ Cl)1 O~\ l'il S\ 'VI I -"-\ EASEMENT MONDON 11 PROPOSED PIER ENCROACHMENT ON CITY PROPERTY IS (HATCHED) 12 N/F M.R. PROPOSED KAYAK LAUNCH . 13 5' BUFFER RESTORA nON [ I [ I [ ,-------- [ I [ I 14 ~ ("J ui ("J ui -/>0. 3-S-F # 726 3-S-FRM #732 ~ PLAN VIEW SCALE 1" = 30' 15 ~ ~ ~ ~ IPF 2427-01-3206 LOT B-1 (;)1 n 2427-01-3257 IPF N 76'6'37" E 50,00' KENNEDY A VENUE (50') EXHIBIT 'A' PROPOSED ENCROACHMENT FOR GLEN A. and M. NICOLE WlWAMS LOT B-1. AMENDED RESUB. OF LOTS A & B, BLOCK 40 SHADOW LAWN HEIGHTS (M,B. 302, PG. 99) FOR BENEFIT OF: JAMES B. and TERRI LEWING LOT C. RESUB. OF LOTS 16-19, BLK. 40, SHADOW LAWN HEIGHTS BEACH DISTRCT (M.B. 286, PC. 44) AUGUST 7, 2007 GPIN: 2427-01-3257 WA TERFRONT CONSUL TlNG, INC 1112 JENSEN DRI VE, STE. 206 VIRGINIA BEACH, VA 23451 PHONE: (757) 425-8244 FAX: (757) 216-6687 I ,I I, I II <v r::- ID N C? N~ COq NI'- I'I\N- -r-"l;f'CD r ~NO{/) qZN::E I'--C?<(~ ~~q~:JZ N- ...J- t;~~~3:~ ~~ZN~.J Q.O_WZO <(~W~o..Uif :!: ~~~zffi- Z ZI-::> OW .1- 0 o::w::>::EO~ o ~ w ~ Z uiz _" ~ J:~ w~::E<( ;- <(u<(~Ci<(~Li..i ()<(...J -z--.J OOO~b:J~~ ....J 0:: ~ I'- W 3: III en u_oz ifio::l-z<iai !:!:!!z~zw{/) o..w w wu~...J:E ::::!<(I'-~~ 0..-,00:: zozo W<(<(LL 0..0 O~ ~ o ...J ~ E ~ c:( >- " ~ c Iii ~ ~ :>.. " ~ c ~ ~ ~ ~ <<l " c: tl ~ ~ ~ U ~ bl "e !;!. x .~ p (3 '" (3 .,... ~~~----- ~ OJ l!1 ~ lD fll u "~ Q) Vl 1:: a a. ~ (f.1 ~ C L!! ~ c: ~ Cl.. >- ~ ~ ~ a. ~ Cl.. - 37 - Item V-J.2.c. ORDINANCES/RESOLUTIONS ITEM # 57206 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to A UTHORIZE temporary encroachments 11th Street L.c. (AKA 11th Street L.L.c.) into a portion of 11th Street, Atlantic and Ocean Avenues to construct and maintain landscaping, concrete pavers, cobblestone and drip irrigation system including a 4" PVC irrigation sleeve and a 2" PVC irrigation electric wiring sleeve, DISTRICT 6 - BEACH The following conditions shall be required:: ], 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. 2. 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. 3. 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 removedfrom the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal; and that the Grantor shall promptly issue all permits necessary for such removal to ensure that Grantee may complete the removal within the time period set forth herein if any. 4. The Grantee 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 construction, location or existence of the Temporary Encroachment. 5. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. The Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 7. The Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. 8. The Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances, Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. January 8,2008 - 38 - Item V-J.2.c. ORDINANCES/RESOLUTIONS ITEM # 57206 (Continued) 9. The Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within the Encroachment Area, 10. 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 their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. II. The Grantee 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 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. 12. Landscaping materials must be approved by the Landscaping Services Division of Parks and Recreation. 13. 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, 14. 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 ifit were owned by the Grantee,' and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. January 8, 2008 - 39 - Item V-J.2.c. ORDINANCES/RESOLUTIONS ITEM # 57206 (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 January 8, 2008 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 RIGHTS OF WAY KNOWN AS 11 TH 7 STREET, ATLANTIC AVENUE, AND 8 OCEAN AVENUE FOR THE 9 ADJACENT PROPERTY OWNERS 10 11TH STREET, L.C. (AI KIA 11TH 11 STREET L.L.C.), A VIRGINIA LIMITED 12 LIABILITY COMPANY 13 14 WHEREAS, 11TH Street L.C. (alkla 11th Street, L.L.C.), a Virginia limited liability 15 company, desires to construct and maintain landscaping, concrete pavers, cobblestone, 16 and drip irrigation system, including a 4" PVC irrigation sleeve and a 2" PVC irrigation 17 electric wiring sleeve, within the City's rights of way located at 11th Street, Atlantic 18 Avenue, and Ocean Avenue, in the City of Virginia Beach, Virginia. 19 20 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 22 City's rights of way subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof contained in 99 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, 11TH Street L.C. (alkla 11th 28 Street, L.L.C.), a Virginia limited liability company, its assigns and successors in title are 29 authorized to construct and maintain temporary encroachments for landscaping, 30 concrete pavers, cobblestone, and drip irrigation system, including a 4" PVC irrigation 31 sleeve and a 2" PVC irrigation electric wiring sleeve, in a portion of the City's rights of 32 way as shown on the map marked Exhibit "A" and entitled: "EXHIBIT "A" LANDSCAPE 33 ENCROACHMENT FOR 11TH STREET L.C.," a copy of which is on file in the 34 Department of Public Works and to which reference is made for a more particular 35 description; and 36 37 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 38 subject to those terms, conditions and criteria contained in the Agreement between the 39 City of Virginia Beach and 11TH Street L.C. (alkla 11th Street, L.L.C.), a Virginia limited 40 liability company (the "Agreement"), which is attached hereto and incorporated by 41 reference; and 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 44 is hereby authorized to execute the Agreement; and 45 J') \"" 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 47 time as 11TH Street L.C. (a/k1a 11th Street, L.L.C.), a Virginia limited liability company, 48 and the City Manager or his authorized designee execute the Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 51 8th day of January , 2008. CA-10317 X:IOIDlREAL ESTATEIEncroachmentslPW OrdinanceslCA10317 11th Street, L.C. Ordinance. doc V:lapplicationslcitylawprodlcycom32\WpdocslD026lP002100037793. DOC R-1 PREPARED: 10/24/07 APPROVED AS TO CONTENTS ~rs C. ~OV\-. ~ )\.b BLlC WORKS, REAL ESTATE J\.n PREPARED BY VIRGINIA BEACH CITY ATIORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this J(,t'hday of Oc..~eY- ,2007, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and 11th STREET. L.C. (AJKJA 11 th STREET, L.L.C.), a Virginia limited liability company, AND 'TS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee" I 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 Lots "8", "g" and "10" in Square "11" as shown on that certain plat entitled: "VIRGINIA BEACH OWNED BY NORFOLK AND VIRGINIA BEACH RAILROAD AND IMPROVEMENT COMPANY" and said plat is recorded in the Cler1<'s Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 1, at page 23A, and being further designated, known, and described as 1017 Atlantic Avenue, Virginia Beach, Virginia 23451: WHEREAS. it is proposed by the Grantee to construct and maintain landscaping, concrete pavers, cobblestone, and drip irrigation system, including a 4" PVC irrigation sleeve and a 2" PVC irrigation electric wiring sleeve, collectively, 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 existing City GPIN 2427-24-5988 . . . rights of way known as 11th Street, Atlantic Avenue, and Ocean Avenue. the "Encroachment Area"; and WHEREAS. the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW. THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), In hand paid to the City. receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in 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: "EXHIBIT -A" LANDSCAPE ENCROACHMENT FOR 11TH STREET L.C.," a copy of which is attached hereto 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 2 \.. '; all costs and expenses of such removal; and that the Grantor shall promptly issue all permits necessary for such removal to ensure that Grantee may complete the removal within the time period set forth herein if any. 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 expensesl including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, rocation 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 pennit 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 agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public WorKs, for flnal approval. 3 '" )-" . 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 their engineer's cost estimate, to the Department of Planning 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 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. Landscaping materials must be approved by the Landscaping Services Division of Parks and Recreation. 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 4 . ~ ; 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 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said 11th Street, L.C. (a1k1a 11th Street. L.L.C.), a Virginia limited liability company, has caused this agreement to be executed on its behalf by, Yaron Sibony, President of Sunsations Realty, L.L.C., a Maryland limited liability company, Manager of 11th Street, L.C. (a/k1a 11th Street, L.L.C.), a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia 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. 5 ~ "? CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , CITY MANAGER/AUTHORIZED , 2007, by DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2007, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 6 11 th STREET, l.C. (a/k/a 11 TH Street, L.l.C.), a Virginia limited liability company By: SUNSATIONS REALTY, L.L.C., a Maryland limited liability company, Manager STATE OF V.xetdivf'" 11 CITY/COUNTY OFJr~GJ jdl} alAll1 , to-wit: [6'" t1 The foregoing instrument was acknowledged before me this day of OCT (jib eft, 2007. by Yaron Sabony, President of Sunsations Realty, L.L.C., a Maryland limited liability company. Manager of 11th Street L.C. (alkla 11th Street, ~1--- IN" .'...... ......';......").t:l'\I.fJ.., ~ .;\;0";.,. .,', ! vL:..;., Notary Public ',,;. .':;:::;~:'~;~~. "<;':.<,. .... . '<" ~ i'l.. Ji "'" . ;' ._~;~~:>".".- ':. c,; '.~ f "";;.... f'_ "....... ~ My Commission Expires: MyCommi~~illlJ~"'resBl.ld6ei312009 '~, ~,; -"'t~:-:, My Il€GIST~I4T'C"\) NUI'Y\0Ett.: 3iQfoq g.3 I . . L.L.C.), a Virginia limited liability company. APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM If'\ () n "r~'\ .n ~'K k\'1 \j~ 0 ?/,J!mt,f; C.. ~ff'-- 00 SIGNATURE pm RtAI E2:l1!i DEPARTMENT. X:\Projecls\Encroachments\Applicants\ 11th Street-Hampton Inn Condos - KMJ\CA 10317 Agreement Encroachment.doc 7 .00' ~~ 9,LiftA= ...... -' L{) "i M LL 0 0 W = I- cD(/) ~UJ ::.:::J 00 <(W - mcr:: I-W Wo (/)Z .<( 0- Z ocr:: -1<( <( m> cr:: 0 ::2 w cr:: z 0 :J ~ I- Z (/) 0 ~ zO i= ~ -I- ~ z ~I- 00 ex w Q; ~ 'Z OZ ~ ~O 0) 000 ...... g e b f'- (") a 11 ~ W N -I <( o (/) ~ NYSZ W ~ I o <( . QO O:::..J O~ Zw Ww wO::: a..~ <(C/) OI C/)~ O~ IZ ~ :<( 0::: --'0 ~LL _ _ _-2- ~ W .L33~.LS H.L~~ ~ ~ ~ <( . C?5 C> e.. W I -era z =.J 0 ,n <(:J I- 0 Z ...... <( . 0:: 0:: g (/) v -0 ...... 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ORDINANCES/RESOLUTIONS ITEM # 57207 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to CREATE a new Capital Budget item and APPROPRIATE $3,213,780 from the Department of Homeland Security's (DHS) Urban Area Security Initiative (UASI) program for procuring services and equipment necessary in the implementation of the Hampton Roads Overlay Regional Interoperability Network (ORION). 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 January 8, 2008 1 AN ORDINANCE TO CREATE CIP 3-138 AND 2 APPROPRIATE $3,213,780 ORIGINATING FROM 3 THE DEPARTMENT OF HOMELAND SECURITY'S 4 (DHS) URBAN AREA SECURITY INITIATIVE (UASI) 5 PROGRAM FOR PROCURING SERVICES AND 6 EQUIPMENT NECESSARY IN THE 7 IMPLEMENTATION OF THE HAMPTON ROADS 8 OVERLAY REGIONAL INTEROPERABILlTY 9 NElWORK (ORION) 10 11 12 WHEREAS, the U.S. Department of Homeland Security has allocated an 13 Interoperable Communications Technology Grant to the Hampton Roads Planning 14 District Commission; and 15 16 WHEREAS, the City of Virginia Beach in coordination with the state of Virginia 17 and the Hampton Roads Planning District Commission (HRPDC) for support of regional 18 efforts will provide equipment and training for the regional communication network. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 1. That Capital Project # 3-138, UASI Interoperable Communications 24 Technology Grant, is hereby established in the Capital Improvement Program for the 25 purpose of funding regional communication equipment. 26 27 2. That $3,213,780 is hereby accepted from the U,S. Department of 28 Homeland Security and appropriated to Capital Project # 3-138, UASI Interoperable 29 Communications Technology Grant, in the FY 2007-08 Capital Budget, with federal 30 revenue increased accordingly. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day 33 of January ,2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: )3 ;e~ City Attorney's o~ CA 10600 R-2 January 2, 2008 - 41 - Item V-J.4. ORDINANCES/RESOLUTIONS ITEM # 57208 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to APPROPRIATE $48, 000 from the General Fund Reserve for Contingencies re the City's share of costs for the Tidewater Builders Association's (TBA) Building Trades Academy to provide low income Virginia Beach residents a pre-apprenticeship program for future employment in the residential construction industry, 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 January 8, 2008 1 AN ORDINANCE TO APPROPRIATE $48,000 FROM 2 GENERAL FUND RESERVE FOR CONTINGENCIES 3 TO FUND THE CITY'S SHARE OF COSTS FOR THE 4 TIDEWATER BUILDERS ASSOCIATION'S 5 BUILDING TRADES ACADEMY 6 7 WHEREAS, the Tidewater Builders Association has requested $48,000 of city 8 funding for the Building Trades Academy, which will provide to low-income Virginia 9 Beach residents training in a pre-apprenticeship program for future employment in the 10 residential construction industry. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA; 14 15 That $48,000 is transferred from General Fund Reserve for Contingencies to the 16 Community Organization Grant unit to fund the City's share of cost for the Tidewater 17 Builders Association's Building Trades Academy. Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of -Janllary , 2008. APPROVED AS TO LEGAL SUFFICIENCY: ;;p~ City Attorney's o~ APPROVED AS TO CONTENT: jj~Q- \~~ Management Services CA 1 0606 R-1 January 3, 2008 TBA BUILDING TRADESACADEMY TBA is the only home builders association in the nation to operate a workforce development pro- gram. TBA's Building Trades Academy helps fill the local industry's need for skilled workers and offers career opportunities for economically disadvan- taged men and women. Since its inception in 1978, over 4,000 economi- cally disadvantaged students have graduated, and 100 percent of the graduates have been employed Here, a class from the Building Trades Academy students on graduation day. gets hands-on training, as they build a storage shed at the Virginia Zoo in Norfolk. The TBA Building Trades Academy has been funded through the U.S. Department of Labor and has continually been one of the highest-ranking programs in terms of providing full-time employment through CETA and ]TPA, and now with the Workforce Investment Board and Opportunity Inc. In 2000, the program won the U.S. Conference of Mayors Ex- cellence in PubliclPrivate Partnership award for participation in the Chesapeake's Mfordable Homeownership Partnership. TheTBA Building Trades Academy received a $700,OOOYouth Build grant from the U.S. Department of Housing and Urban De- BTA graduate Rashime DeVaughn en- joys working on the conversion of The velopment to provide training in the construction trades to young Rotunda in Norfolk as an employee of people. John E. Hall electrical company. The Building Trades Academy is in the process of expanding its program and adding a life skills component that will include GED, computer training, discount autos and free computers. Did you know... · TBA's Building Trades Academy averages 80-100 graduates a year. Of those, 90% are minorities, including 10% women. · The construction industry is expected to add nearly 1 million new jobs in the next eight years, making it among the economy's top 10 largest sources of job growth, according to the U.S. Dept. of Labor. · Opportunities for workers to form their own firms are better in construction than in many other industries. · The Building Trades Academy has constructed 22 workforce housing homes and has worked on numerous community projects. - 42- Item V-J. 5. ORDINANCES/RESOLUTIONS ITEM # 57209 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED until the City Council Session of January 22, 2008: Resolution SUPPORTING multi-modal accommodations for interim improvements to the City rights-of way to enhance safety for pedestrians and cyclists (requested by Council Lady Rosemary Wilson). 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 January 8,2008 - 43 - Item V-J. 6. ORDINANCES/RESOLUTIONS ITEM # 57210 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Resolution to EXPRESS SUPPORT for a Regional Waste Management Study by providing partial funding re Landfill #2 expansion and to A UTHORlZE the City Manager to execute the Virginia Beach portion of the Study to include a review of the existing (SPSA) system and evaluate needs for the future 2018 to 2050, 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 January 8, 2008 1 A RESOLUTION TO EXPRESS SUPPORT FOR A 2 REGIONAL WASTE MANAGEMENT STUDY BY PROVIDING 3 PARTIAL FUNDING FOR THE STUDY FROM CIP #8-933, 4 LANDFILL #2 - EXPANSION 5 WHEREAS, contracts between SPSA and each member community will expire in 6 January 2018; and 7 8 WHEREAS, at the request of area's city managers, the Hampton Roads Planning 9 District Commission has secured engineering services to perform a regional solid waste 10 management study for South Hampton Roads, to include a review the existing system and 11 an evaluation of needs for the period from 2018 to 2050; and 12 13 WHEREAS, the Virginia Beach portion of the cost of the study is $96,108, with 14 funds available in CIP #8-933, Landfill #2 - Expansion, if the scope of the project is 15 modified to include the study. 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 1. That the scope of CIP #8-933, Landfill #2 - Expansion, is hereby modified to 19 include a regional waste management study; and 20 2. That the City Manager is hereby authorized to use $96,108 of funding in CIP #8- 21 933 for the Virginia Beach portion of the cost of the study. Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of J<'Inu<'Iry 2008. Approved as to Content: Approved as to Legal Sufficiency: P~A,[b~ Public orks Department vh'(f<ud ;I~t4-/ City Attorney's Office CA 10604 R-1 January 2, 2008 HRPDC Scope of Services SCS ENGINEERS SCOPE OF SERVICES CONSULTANT SERVICES FOR DEVELOPMENT OF A SOLID WASTE MANAGEMENT SYSTEM FOR SOUTHSIDE HAMPTON ROADS SCS will provide the following services to support the Hampton Roads Planning District Commission evaluate and recommend an approach to managing solid waste in the South Hampton Roads region after the inter-local agreements with the Southeastern Public Service Authority (SPSA) expires in 2018. The scope of services is prepared assuming no preconceived bias toward one institutional model, contracting approach, or technology. The following major tasks are anticipated. . Task 1 - Review Existing Southside Hampton Roads Regional Solid Waste Management Systems . Task 2 - Evaluate Future Solid Waste Technology and Facility Needs for 2018 to 2050 . Task 3 - Evaluate Institutional Models for Solid Waste Management . Task 4 - Facilitation with Chief Administrative Officers . Task 5 - Prepare Report and Recommendations . Task 6 - Project Management and Administration Specifics regarding the objectives, goals, approach, and methodologies to be employed for each task are provided below, , .0 EVALUATE SOUTHSIDE HAMPTON ROADS REGIONAL SOLID WASTE MANAGEMENT SYSTEMS The objectives of this task are as follows: . Identify County, City, and private solid waste management operations affecting the Region's solid waste management system. . Document the organizational structure of the regional solid waste management system. . Document current solid waste recycling practices. . Document current solid waste disposal practices, including public and private facilities. 2007-11-13 HRPDC Scope of Services ........:II ~.rJll ~.::II;II :..... . Document the financial structure of solid waste management in the region including current revenue sources, capital projects, debt obligations, operational and maintenance costs, and other long-term obligations (e.g., closure and post-closure care). SCS anticipates the following work efforts under this task: . Review the June 2006 Regional Solid Waste Management Plan to obtain key information relative to regional demographics, system organization, solid waste quantities, collection, transfer, processing, recycling, and disposal. . Meet with SPSA staff, member community staff, commercial, and franchise haulers to identify the key issues that may affect regional cooperation. . Obtain and review solid waste budget data, and any audited statements demonstrating the costs for managing solid waste in the region. This information will be used in the development of the pro forma financial models prepared for the alternatives analyses. 2.0 EVALUATE FUTURE SOLID WASTE TECHNOLOGY AND FACILITY NEEDS FOR 2018 - 2050 The purpose of this task is to identify and evaluate alternative approaches to managing solid waste in the Region for the period from 2018 to 2050. The objectives of this task are to identify alternative technologies or management approaches to collection, recycling, transfer, disposal, and environmental management; evaluate effectiveness of alternatives; evaluate associated capital, operational, and maintenance costs; and summarize advantages and disadvantages of alternatives. SCS anticipates the following work efforts under this task: . Identify the federal and state legislation and rules that will affect solid waste management in the Region, any ordinances that have been enacted within the local municipalities and recent court cases that effect solid waste management. The objective of this task is to provide a listing, description, and discussion of the key regulations, ordinances, and court cases that must be considered in managing solid waste. . Evaluate collection options, including alternative franchising approaches, private versus public collection operations for commercial and residential collection, transfer station versus direct haul, contracting options, and billing. . Evaluate recycling operations and options. The evaluation will address State goals versus what has been achieved by the Region historically and under current conditions, current recycling programs and effectiveness of programs, recycling collection and processing approaches, current education and outreach efforts, identify problem areas and deficiencies in system and alternatives for improving recycling. 2007-11-13 2 HRPDC Scope of Services ......... :II~.etI.~.:II:II:..~ . Evaluate solid waste processing and disposal options. The focus of this evaluation will be to identify approaches for solid waste disposal after 2018. The alternatives to be considered will include siting a new solid waste management disposal facility (regional or individually by HRPDC communities), alternative technologies for processing and disposing solid waste such as waste-to-energy, compo sting, and bioreactor technology, participation in a regional approach to solid waste disposal, and contracted out-of-county transfer and disposal. Supporting information for this analysis will include a recently completed technology assessment by SCS for the Monterey Solid Waste District, and similar analyses prepared by others for the City of New York and Los Angeles Sanitary District. The evaluation will consider the current and anticipated processing levels at which these technologies will be available in 20 l8. SCS will rank these technologies in terms of commercially proven, proven at a processing level below current Hampton Road needs, or commercially unproven. U sing data supplied by the propose system vendors, SCS will develop estimated capital costs, operating costs, and life cycle system costs for input into the financial analysis for the project. . Evaluate how the Navy's solid waste and energy needs will be coordinated with the regional solid waste management approach. . Evaluate schedule for implementation of various aspects of a new regional solid waste management approach, including development of cooperative agreements, siting studies, land purchase, design, permitting, procurement, and construction. . Prepare pro forma cost and revenue model and evaluate the following alternatives: Manage solid waste separately. Each HRPDC community manages collection, recycling, and disposal of solid waste on their own without a regional solid waste management infrastructure (i.e., incineration, composting, recycling, and landfill) or cooperation. Manage solid waste cooperatively similar to the current SPSA model in terms of basic infrastructure. This alternative will consider facility needs with and without a new or otherwise upgraded waste to energy facility, and with or without recycling. Manage solid waste cooperatively, but with different cooperative agreements. SCS will evaluate two such alternative cooperative arrangements based on conversations with the HRPDC. . Conduct workshop to discuss findings (See Task 4). 2007-11-13 3 HRPDC Scope of Services SCS ENGINEERS 3.0 EVALUATE INSTITUTIONAL MODELS FOR SOLID WASTE MANAGEMENT SCS will develop, screen, and analyze alternative institutional models for regional solid waste management, including public, private or combination systems. We anticipate this task will include the following major work efforts: . Interview Chief Administrative Officers of the HRPDC community to receive input on their ideas about potential alternatives for long-term management of the Region's solid waste after 20l8. . Contact and survey the following solid waste authorities and organizations to document the institutional structure, services provided, unique challenges, and cost structure (if available): Fairfax County, Virginia Lancaster County Solid Waste Management Authority, Pennsylvania Napa Vallejo Waste Management District, California Northeast Maryland Waste Disposal Authority, Maryland Pinellas County Department of Solid Waste Operations, Florida Portland Metro, Oregon Regional Waste Systems, Maine Sanitation Districts of Los Angeles County, California Solid Waste Authority of Palm Beach County, Florida Virginia Peninsulas Public Service Authority . Compare the administrative and operational structure and functions of SPSA to other similar organizations (including recommendations for improvement). . Develop and evaluate alternative institutional models that may be applicable to the region and present findings to the HRPDC (See Task 4). For the purposes of this scope of services, we assume the following institutional models will be evaluated to identify the required organizational structure, staffing, cooperative agreements needed, and advantages and disadvantages of each: A new fully integrated, publicly owned and operated facility managed by a new regional authority. A fully integrated, publicly owned and operated facility managed by SPSA or some modified version of SPSA. A public/private partnership managed by a regional authority (SPSA or a new authority). Each municipality independently manages its own solid waste stream and develops contracts for collection, processing, and disposal services. 2007-11-13 4 HRPDC Scope of Services SCS ENGINEERS Select municipalities agree to cooperate together to manage their solid waste and develop contracts for collection, processing, and disposal services. . Update the pro forma model developed in Task 2 to incorporate any additional overhead costs relating to the institutional structures identified above. A key output of the model will be the tipping fees on an annual basis and a leveled-off tipping fee. This leveled fee will be a representation of a long-term tipping fee that is particularly useful for the comparison of alternatives with different expenditure patterns. . Present findings and recommendations to the HRPDC (See Task 4). 4.0 FACILITATION WITH CHIEF ADMINISTRATIVE OFFICERS To facilitate discussion of the regional approach, we propose that a series of preliminary meetings and several work sessions be held with the Chief Administrative Officers (CAOs) or their representatives to discuss the values, technologies, critical steps, schedule, and approaches to managing solid waste in the region beyond 20l8. The number and scope of these sessions may change as the project progresses based on direction provided by the CAOs through the HRPDC. SCS will coordinate with the HRPDC regarding any scope changes. A description of the proposed sessions, including the objectives, goals, and informational needs of each is provided below. 4.1 INITIAL MEETINGS WITH HRPDC MEMBER COMMUNITIES SCS will meet with HRPDC member community staff and CAOs to discuss their respective solid waste management organizations, facilities, resources, services provided, issues, independent initiatives, and obtain relevant background information. From these discussions, SCS will develop a list of key planning factors affecting solid waste management in the Region, including perceptions regarding public versus private ownership of solid waste management systems (landfills, recycling facilities, resource recovery, compo sting, etc.), use of flow control, and the value and importance of regional cooperation, environmental conservation (recycling, green energy, sustainability), and working with the Navy. 4.2 SESSION 1 - CAN WE WORK TOGETHER? 4.2.1 Objective Assess whether the Region can develop a unified vision for managing its solid waste beyond 20l8, and if not, what are the stumbling blocks and constraints and how could these be resolved? 4.2.2 Goals . Identify the solid waste goals for each city and county in the Region. For example, identify maximum tip fee each municipality is willing to pay; determine how 2007-11-13 5 HRPDC Scope of Services SCS ENGINEERS committed each community is to recycling, identify the planning horizon desired (e.g., 25 years, 50 years, or other), . Identify needs that the cities and counties have in common regarding solid waste collection, recycling, and disposal. . Identify political and financial constraints to cooperation. . How would you structure things if you were in control? 4.2.3 Information Needs for Session . Identify public and private solid waste management resources in Region. This would include personnel, solid waste facilities, land resources, transportation resources (e.g., ports), and contracts. SPSA listed the solid waste resources within the region and surrounding area in its 2006 Solid Waste Master Plan. These resources would be confirmed and evaluated in the context of how they could fit into managing the Region's solid waste. This would include personnel, solid waste facilities, land resources, transportation resources (e.g., ports), and contracts. . Identify the resources that each city and county have that can be of benefit to the Region as a whole (e.g., land, facilities, money, waste). List of solid waste resources by municipality (collection, transfer, recycling, etc.) 4.3 SESSION 2 - IS IT ALL ABOUT LAND? 4.3.1 Objective The objective of this session will be to review the long-term disposal requirements of the Region, review and assess current relevance of previous landfill siting studies, and determine the land requirements for an integrated solid waste management facility. A landfill is a key component of the solid waste system, regardless of whether you incinerate, recycle, or otherwise process the waste. Landfills require significant land resources and are difficult and controversial to site. However, landfills are critical to any solid waste system. The objective of this session will be to evaluate and discuss the land requirements for a solid waste management facility if the Region manages its own solid waste needs for a 50-year planning period beyond 2018. The Region has several landfill resources. SPSA owns and operates the regional landfill in Suffolk. The City of Virginia Beach owns and operates its own landfill on a limited basis. The City of Portsmouth owns and operates a construction, demolition, and debris landfill. In addition, there are several private CD&D landfills in the SPSA service area, However, none of these landfills have sufficient capacity to meet the long-term disposal requirements of the Region. Private disposal facilities outside the Region will be considered and the associated transportation and disposal costs and factors that need to be considered to use these facilities. 2007-11-13 6 HRPDC Scope of Services ...........~~..1ttII.('I.:a2:..._ 4.3.2 Goals . Confirm solid waste projections for the Region, including the residential, commercial, and industrial waste streams. . Evaluate recycling approach and impact on the amount of waste that may require disposal. . Consider volume reduction and energy recovery technologies (recycling and waste- to-energy facilities) and impact on disposal requirements. . Review previous landfill siting study performed by SPSA and assess whether the top candidate sites are still available and suitable for development as a regional landfill. 4.3.3 Information Needs for Session . Landfill siting study prepared by SPSA. . Solid waste generation and disposal projections. . Estimate of waste controlled and managed by SPSA and that which is managed outside the Region. . List of active landfills in the Region and remaining disposal capacities (both permitted and projected maximum site capacities). 4.4 SESSION 3 - RECYCLE, BURN, OR SEND IT TO SOMEONE ELSE'S BACKYARD? 4.4.1 Objective The objective of this session will be to review approaches and technologies available to realistically manage the Region's solid waste, the reliability and effectiveness of each, develop estimates of capital and operation and maintenance requirements, and develop a short-list of technologies and approaches that appear feasible for the Region. The approaches that will be considered will include, but not be limited to the following: . Transfer, haul, and disposal of waste in the Region . Transfer, haul, and disposal of waste out of the Region . Waste-to-Energy processing . Thermal conversion . Biological conversion . Recyclable material recovery and marketing 2007-11-13 7 HRPDC Scope of Services SCS ENGINEERS 4.4.2 Goals . Develop an understanding ofthe capacity, effectiveness, and reliability of the various solid waste management technologies that are available and could be implemented in the Region. . Understand the advantages and disadvantages of each technology. . Develop capital and operation and maintenance costs matrix. . Develop a short list of alternatives for further consideration and evaluation. 4.4.3 Information Needs . Technology descriptions. . Case studies of where these technologies have been employed at the scale required for the Region. . Budgetary cost estimates for capital and operation and maintenance costs as a function of processing capacity. 4.5 SESSION 4 - WHOSE SANDBOX WILL YOU PLAY IN? 4.5.1 Objective The objective of this session will be to consider solid waste management on an individual municipality basis and on a cooperative basis. The advantages and disadvantages of the current SPSA model will be discussed, and compared with other institutional models, Each municipality has certain resources, disposal needs, and challenges. The larger municipalities of Chesapeake, Norfolk, Portsmouth, and Virginia Beach, which have populations in excess of 100,000, are generally more fully developed with limited land available for siting a large integrated solid waste management facility, but generate significant quantities of waste. The City of Virginia Beach has an existing landfill that can provide disposal capacity for its citizens for several years, but it is not big enough to handle the Region's waste stream. The smaller, less developed municipalities of Franklin, Southhampton County, Isle of Wight County, and Suffolk have more land resources available for development of a regional solid waste facility, but do not generate sufficient quantities of waste to justify "going it alone". 4.5.2 Goals . Identify the resources that each municipality offers towards a regional solution. . Identify specific goals that each municipality has with respect to solid waste management (e.g., max tip fee, type of technology preferred). . Identify constraints to regional cooperation. 2007-11-13 8 HRPDC Scope of Services SCS ENGINEERS . Identify what is liked and disliked regarding current SPSA organization, governance, and operation, and what would you change. . Identify potential approaches to resolving constraints to regional cooperation. . Review other potential institutional models that could be employed in the Region. 4.5.3 Information Needs . Case studies of other regional solutions throughout the country. . Breakdown of solid waste quantities by Region (from SPSA study). . Confidential compilation of comments regarding the organization, governance, and operation of SPSA. . Cost components of solid waste system, including collection, transfer, processing, and disposal. 4.6 SESSION 5 - A BRAVE NEW WORLD - THE FUTURE BEYOND 2018 4.6.1 Objective The objective of this last session will be to develop a facility and institutional framework for managing solid waste in the Region for the period of2018 and beyond. The framework could include the following alternatives: . A new fully integrated, publicly owned and operated facility managed by a new regional authority. . A fully integrated, publicly owned and operated facility managed by SPSA or some modified version of SPSA. . A public/private partnership managed by a regional authority (SPSA or a new authority). . Each municipality independently manages its own solid waste stream and develops contracts for collection, processing, and disposal services. . Select municipalities agree to cooperate together to manage its solid waste and develops contracts for collection, processing, and disposal services. 4.6.2 Goals . Confirm degree of interest in committing to a regional approach. 2007-11-13 9 HRPDC Scope of Services SCS ENGINEERS . Identify the technical, institutional, and technological options for realistically managing waste in the Region. . Identify the top two approaches for further development. 4.6.3 Information Needs . Compilation of regional models used elsewhere in the Country, identifying basic organization structures and governance approaches. . Compilation of findings from previous Sessions. 4.7 ADDITIONAL MEETINGS Additional unplanned meetings and briefings likely will needed during the course of the study. We have budgeted 80 hours of professional time and additional support for this purpose. 5.0 PREPARE REPORT AND RECOMMENDATIONS SCS anticipates the following work efforts under this task: . Prepare and submit draft and final report presenting findings and recommendations to the HRPDC and the CAO's. Based on the results of Tasks 1 through 4, prepare a final and draft report presenting the findings and recommendations to the HRPDC and the Chief Administrative Officers to consider. We anticipate the recommendations will address the following: Technologies that will provide a stable, reliable, environmentally responsible, and cost-effective means for managing waste in the Region. Public/Private cooperation needed to cost-effectively manage solid waste needs for 2018 to 2050. Institutional model that will best serve the region and balance financial, technological, administrative factors. Key tasks to be accomplished and schedule for implementation. . Review and address comments on the draft report. . Hold two meetings with HRPDC staff to discuss comments on preliminary draft report. 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Fee Estimate Consultant Services for Development of a Solid Waste Management System for Southside Hampton Roads I Prof. I Task I Fee Tasks Hours Duration ($) Task 1 - Review Existing Regional Solid Waste System Review Background on Regional Solid Waste Management Summarize Regional Value of HRPDC Subtotal, Task 1 80 32 112 yand Facility Needs . 9~I:Trends c...(:<<<.'..':..:.," . ..... 24 24 32 40 32 176 328 Jyali,l~t~ ; . Evalu~te al. ,~ technologil:ls .'. Pro form.a Analysl~of Alternatives Subtotal, Task 2 Task 3 - Evaluate Institutional Models for Solid Waste Management Contact and survey similar organizations Develop and evaluate institutional models Update pro forma model Present findings to HRPDC Subtotal, Task 3 56 72 24 40 192 2 wks 2 wks 13,000 5,000 18,000 4 wks 35 da $ 2 wks 3 wks 1 wk 1 wk 53,000 9,000 12,000 4,000 7,000 32,000 72 72 88 80 536 Task 5 - Prepare Report and Recommendations Draft Report Final Report Subtotal, Task 5 'TClsk6"Pr.O' .ct;"'a...ag.men"a.,~l~~mil:li~tratipn 212 88 40 days 1 5 days lQ,()oO 11.000 ,l~,Q90 1,4 000 8~,OOO 31,000 12,000 43,000 l~iQQP ~ : '" B-1 K. PLANNING 1. RJP, L.L. e. 2. FOR PETE'S SAKE 3. HOPE LUTHERAN CHURCH 4. NANTUCKET BY THE BAY, L.L.e. 5. ORDINANCES TO AMEND - 44- ITEM # 57211 VARIANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT MODIFICATION TO A CondiuonalChangeofZoning Approved (10/25/2005) Sections 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 and ADDING provisions re redevelopment of property in Air Installations Compatible Use Noise Zones (AICUZ) Official Zoning Map by ADDING Sub- Areas 1,2 and 3 of the 65 - 70 dB DNL Noise Zone Comprehensive Plan by incorporating provisions re the 65 - 70 dB DNL Noise Zone and Interfacility Traffic Area and a Map of Sub-Areas 1,2, and 3 of the 65- 70 dB DNL Noise Zones January 8,2008 - 45 - Item K. ITEM # 57212 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION Items 1, 3 and 4 (DEFERRED) of the Planning By Consent Agenda. Item K.4. (NANTUCKET BY THE BAY, L.L.e. was DEFERRED until the City Council Session of January 22,2008. 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 January 8,2008 - 46- Item K.I. ITEM # 57213 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED a Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO), Subdivision for RJP, L.L.C., at 204 62nd Street re subdividing an existing lot into two (2) lots and redeveloping a single-family dwelling on each of the newly created lots Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for RJP, L.L.c. Property is located at 204 62nd Street (GPIN 2419724146), DISTRICT 5 - LYNNHA VEN The following conditions shall be required: 1. The number of dwelling units on each parcel shall not exceed one (1). A note to such affect shall be placed on the plat for recordation. 2. Single-family dwellings constructed on the parcels shall be no taller than two-stories or 35- feet tall, whichever is more restrictive. 3. The exterior design of the single-family dwellings shall incorporate the use of dormers as an architectural element. 4. The design of the exterior of the proposed dwellings shall be approved by the Planning Director or his designee prior to the issuance of building permits. 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 January 8, 2008 - 47- Item X2. ITEM # 57214 PLANNING Mike Kelly, 341 Whiting Lane, Phone: 757-672-2174, applicant, advised hiring John Sirine and Associates, a Virginia Beach Engineeringfirm, to design the entire infrastructure consisting of an infiltration system (approved by the City's Development Services Center), as well as a one-year rain event system, and a ten-year rain event infiltration system. All the water goes under ground and is stored there. As a result, there have been no problems with drainage. Drop inlets are available throughout the entire five (5) acres. Stephen White, Planning, advised re the history of the Hunt Club Farm parcel, which was created through a Subdivision Variance in 1971. This Subdivision Variance included no curb cut or infrastructure improvements. This application was DENIED by the City Council. However, the property owners appealed in Court. The Court overturned this decision. Therefore, as a result this subdivision exists, with no improvements. Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of FOR PETE'S SAKE, L.L.C.for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF FOR PETE'S SAKE, L.L.c. FOR A CONDITIONAL USE PERMIT FOR A RIDING ACADEMY AND HORSES FOR HIRE OR BOARDING ON PROPERTY R010834253 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of For Pete's Sake, L.L. C. for a Conditional Use Permit for a riding academy and horses for hire or boarding on property located at 2428 London Bridge Road (GPIN 2405929310). DISTRICT 7 - PRINCESS ANNE. The following conditions shall be required: 1. No more than 15 horses shall be kept on the property at anyone time. 2. All improvements shall be installed as required by the Building Official's office prior to the issuance of a Certificate of Occupancy. 3, A Fire Plan, developed specifically for this site, designed to aid in fire prevention, suppression and elimination of potential fire hazards, shall be developed in conjunction with the Fire Marshal's Office, and shall be approved and implemented prior to the issuance of a Certificate of Occupancy for the Conditional Use Permit. Such Plan is not meant to supplant any additional recommendations of the Fire Marshal's Office. 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 Eighth of January Two Thousand Eight January 8, 2008 - 48- Item K.2. ITEM # 57214 (Continued) PLANNING Voting: 1I-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 January 8, 2008 - 49- Item K3. ITEM # 57215 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of HOPE LUTHERAN CHURCH for a Conditional Use Permit re a columbarium: ORDINANCE UPON APPLICATION OF HOPE LUTHERAN CHURCH FOR A CONDITIONAL USE PERMIT FOR A COLUMBARIUM R010834254 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Hope Lutheran Church for a Conditional Use Permit for a columbarium on property located at 5350 Providence Road (GPIN 1466355165). DISTRICT 2 -KEMPSVILLE The following conditions shall be required: 1. The location of the Columbarium shall be limited to that shown on the submitted plan, which has been exhibited to the City Council and is on file in the Planning Department. 2, The Columbarium walls shall complement the exterior building materials, in respect to color and material, of the existing church, and shall be substantially in conformance with the drawing entitled, "Columbarium Unit - Hope Lutheran Church ". 3. A certificate or letter of approval shall be obtained from the Virginia Department of Health as to conformity with its regulations, indicating that there is no danger of contamination of groundwater where remains are scattered. 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 Eighth of January Two Thousand Eight January 8,2008 - 50 - Item K.3. ITEM # 57215 (Continued) PLANNING 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 January 8,2008 I I , - 51 - Item K.4. ITEM # 57216 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED until the City Council Session of January 22,2008, Ordinance upon application of NANTUCKET BY THE BAY, L.L.C. for the Modification to a Conditional Change of Zoning request (approved by City Council on October 25, 2005 for S & J LLC) ORDINANCE UPON APPLICATION OF NANTUCKET BY THE BAY, L.L.C FOR THE MODIFICATION OF A REQUEST APPROVED BY CITY COUNCIL ON OCTOBER 25,2005 (S & 1, L.L.C). Ordinance upon application of Nantucket by the Bay, L.L.C for the modification of a request approved by City Council on October 25, 2005 (S & 1, L.L.C). Property is located at 3762 Shore Drive and 3707 Stratford Road (GPINs 1489387919; 1489396043; 1489395071). DISTRICT 4 - BAYSIDE. 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 January 8,2008 - 52 - Item K. 5. aIb/c ITEM # 57217 PLANNING The following registered in SUPPORT: Captain Mark Rich, Executive Officer - NAS Oceana, representing Captain Hunter, who is out of the City. The dialogue which began during the Joint Land Use Study is continuing in a meaningful way. These amendments represent an approachfor evaluating development proposals in the 65 to 70 dB DNL sound contour that balance the City's growth priorities with the Navy's need to ensure the long-term viability of its East Coast Master Jet Base. Nicholas Hutsko, 5121 Providence Road, Phone: (757) 714-1372. Mr. Hutsko distributed an article publishedfrom the Washington Times, January 2, 2008 entitled: "Unmanned, but still watching". Said article is hereby made a part of the record. The following registered in OPPOSITION: RJ McGinnis, 968 South Oriole Drive, Phone: 422-3548, owner of property on Princess Anne Road, above the Green Line affected by the 65 to 70 Noise Zone Amendments. Mr. McGinnis believes a special 65 to 70 Noise Zone had been created for the Resort Area. Mary H Smith, 2814 Virginia Beach Boulevard, Phone: (757) 340-5316, owner of property at 2285 London Bridge Road. Mrs. Smith lives on a small farm with her daughter and inquired whether the restrictions would be lifted in the future so she could build. She owns 19 acres, directly next to Pine Ridge. Deputy City Attorney Macali and Planning Staffwill discuss the matter with Mrs. Smith. Deputy City Attorney advised the accomplishments of this Ordinance: Development is reduced in the Inter-Facility Traffic Area to one dwelling unit per 15 acres of developable property, codify provisions re redevelopment of residential uses; and, the Comprehensive Plan Map and the Zoning Map Amendments divide the 65 to 70 dB DNL Noise Zone into three Sub-Areas (Sub-Area 1 - Resort Area, Sub-Area 2 - Extends down General Booth Corridor south of Rudee Inlet, comes around Princess Anne Road and goes back up slightly to Sub-Area 3 - area to the west of the Base). The Development restrictions apply only to Discretionary Development applications. It does not affect By-Right Development. There are different development regulations, depending on which of the Sub- Areas in which the citizen resides. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to Amend Sections 405, 1802, 1803, 1804, 1805, 1806, and 1807 of the City Zoning Ordinance, establishing restrictions on development of property within the 65-70 dB DNL Noise Zone and Interfacility Traffic Area and adding provisions pertaining to redevelopment of property in Air Installations Compatible Use Noise Zones. Ordinance to Amend the Official Zoning Map by the addition of Sub- Areas 1, 2 and 3 of the 65 - 70 dB DNL Noise Zone. Ordinance to Amend the Comprehensive Plan by incorporating provisions pertaining to the 65 - 70 dB DNL Noise Zone and Interfacility Traffic Area and a Map of Sub-Areas 1, 2, and 3 of the 65- 70 dB DNL Noise Zones. January 8,2008 - 53 - Item K. 5. a/b/c ITEM # 57217 (Continued) PLANNING 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 1. Wood Council Members Voting Nay: None Council Members Absent: None January 8, 2008 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 alNard 30 qrant 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 38 ARTICLE 18. SPECIAL REGULATIONS IN AIR INSTALLATIONS COMPATIBLE USE 39 ZONES (AICUZ) 40 41 A. OVERLAY DISTRICT REGULATIONS 42 43 Sec. 1800. Title. 44 45 This article shall be known as the Air Installations Compatible Use Zones 46 (AICUZ) Overlay Ordinance of the City of Virginia Beach. 47 48 Sec. 1801. Purpose and intent. 49 50 The purpose of this article is to regulate, in a manner consistent with the rights of 51 individual property owners and the requirements of military operations at Naval Air 52 Station (NAS) Oceana, development of uses and structures that are incompatible with 53 military operations; to sustain the economic health of the city and Hampton Roads 54 Region; to protect and preserve the public health, safety and welfare from the adverse 55 impacts associated with high levels of noise from flight operations at NAS Oceana and 56 the potential for aircraft accidents associated with proximity to airport operations; and to 57 maintain the overall quality of life of those who live, work and recreate in the City of 58 Virginia Beach. 59 60 Sec. 1802. Findings. 61 62 The city council hereby finds that: 63 64 (a) Naval Air Station (NAS) Oceana was first established as an auxiliary airfield 65 in 1943 and was designated as a major Navy jet air base in the 1950s. It is now one of 66 the largest Navy air bases in the country and is the Master Jet Base for the Navy's 67 Atlantic Fleet. NAS Oceana is a vital component in the architecture of the Defense 68 Department's joint service method of operational planning and execution and in the 69 newly-emerging inter-agency approach to meeting homeland defense requirements; 70 71 (b) NAS Oceana is the single largest employer in the City of Virginia Beach. In 72 2003, it had a gross annual payroll of over seven hundred fifty million dollars 73 ($750,000,000.00) and spent another four hundred million dollars ($400,000,000.00) for 74 goods and services. In that year, over twelve thousand (12,000) personnel, comprised 75 of nearly nine thousand eight hundred (9,800) military and over two thousand five 76 hundred (2,500) civilian employees, were employed there. Most of those employees live 77 within the community, infusing additional benefits into the local economy, primarily 78 through spending and spousal employment salaries. When considering the personal 79 impact of the military in the community, the economic benefit exceeds one billion dollars 80 ($1,000,000,000.00) annually; 81 82 (c) There are more than thirty thousand (30,000) acres of land in areas within 83 the 70-75 dB DNL or >75 dB DNL Noise Zones and approximately 16,500 acres of land 84 within the 65-70 dB DNL Noise Zone. Approximately four thousandJ. me three hundred 85 (4,2-GG 4,300) acres of this land is encumbered by easements or restrictive covenants 86 that limit the uses of the land to those that are not incompatible with flight operations 87 arising out of NAS Oceana; 88 2 89 (d) Since the installation's inception, development of a type deemed 90 incompatible under the Navy's AICUZ Program has occurred, such that the Navy has 91 voluntarily modified flight arrival and departure procedures, thereby resulting in flight 92 procedures and training that do not replicate actual aircraft carrier operating procedures. 93 94 (e) In August 2005, the Base Realignment and Closure (BRAC) Commission 95 added to the list of installations to be closed or realigned the recommendation to realign 96 NAS Oceana by relocating the Atlantic Fleet's East Coast Master Jet Base to Cecil Field 97 in Jacksonville, Florida if, among other things, the cities of Virginia Beach and 98 Chesapeake fail to enact and enforce legislation to prevent further encroachment of 99 NAS Oceana by the end of March 2006 by adopting zoning ordinances that require the 100 governing bodies to follow Air Installations Compatibility Use Zone (AICUZ) guidelines 101 in deciding discretionary development applications for property in noise level 70 dB day 102 night average noise level (DNL) or greater; 103 104 (f) The closure or realignment of NAS Oceana would have serious adverse 105 economic consequences to the city and the region; and 106 107 (g) In 2004 and 2005, the City of Virginia Beach, along with the cities of Norfolk 108 and Chesapeake, joined with the Navy and the Hampton Roads Planning District 109 Commission to craft a regional joint land use study (JLUS). Among the 110 recommendations of the JLUS was that the city adopt an ordinance applicable in all 111 noise zones greater than 65 dB DNL to help prevent encroachment at NAS Oceana. 112 The JLUS was accepted by resolution of the city council in May of 2005 and the city 113 council directed that appropriate ordinances implementing the recommendations of the 114 JLUS be brought forward for its consideration. 115 116 117 Sec. 1803. Applicability. 118 119 (a) Area of applicability. Except 3S provided in Section 1805 and in Part B of 120 this Article, the The provisions of this Article shall apply to discretionary development 121 applications for any property located within an Accident Potential Zone (APZ) or t>JGise 122 ~ 65-70 dB DNL, 70-75 dB DNL or >75 dB DNL Noise Zone, as shown on the 123 official zoning map, that have not been approved or denied by the City Council as of the 124 date of adoption of this Article. For purposes of this Article, discretionary development 125 applications shall include applications for: 126 127 (1) Rezonings, including conditional zonings; 128 129 (2) Conditional use permits for new uses or structures, or for alterations or 130 enlargements of existing conditional uses where the occupancy occupant 131 load would increase; 132 3 133 (3) Conversions or enlargements of nonconforming uses or structures, except 134 where the application contemplates the construction of a new building or 135 structure or expansion of an existing use or structure where the total 136 occupancy occupant load would not increase; and 137 138 (4) Street closures where the application contemplates the construction of a 139 new building or structure or the expansion of a use or structure where the 140 total occup3ncy occupant load is increased. 141 142 143 Sec. 1804. Discretionary development applications; city council policy. 144 145 (a) City Council policv. Except as otherwise provided in section 1806 this 146 Article, it shall be the policy of the city council that no application included within the 147 provisions of section Section 1803 shall be approved unless the uses and structures it 148 contemplates are designated as compatible~ under Table 1 below and, if applicable, 149 Table 2.1. unless the city council finds that no reasonable use designated as compatible 150 under the applicable table or tables can be made of the property. In such cases, the city 151 council shall, subject to the provisions of section 1806(a), approve the proposed use of 152 property at the .Jeast: lowest density or intensity of development that is reasonable. 153 154 (b) Tables. The following tables show the uses designated as compatible (Y) 155 and those designated as not compatible (N) in each listed noise zone Noise Zone 156 (Table 1) or 3ccident potential zone Accident Potential Zone (Table 2). The designation 157 of any use as Comp3tiblo compatible shall not be construed to allow such use in any 158 zoning district in which it is not permitted as either a principal or conditional use. 159 160 TABLE INSET: 161 TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES 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 dwellings/townhouses N N Duplexes N N Multiple-family dwellings N N 4 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 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 5 Automobile parking y y Comm u n ication 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 Cemeteries y y Business services y y Warehousing and storage Y y Repair services y y Professional services y y Hospitals, other medical faG. facilities Y N Nursing homes N N Contract construction services Y y Government services y y 6 Educational services y N Miscellaneous y y Cultural, entertainment and recreational Cultural activities (& churches) y N Nature exhibits N N Public assembly halls N N Auditoriums, concert halls Y N Outdoor music shells, amphitheaters N N Outdoor sports arenas, spectator sports Y N Other outdoor recreational facilities y y Indoor recreational facilities y y Campgrounds y N Parks y N Other cultural, entertainment and recreation Y N Resource Production and Extraction Agriculture (except live stock) Y y Livestock farming y N Animal breeding y N Agriculture related activities Y y Forestry activities y y Fishing activities y y Mining activities y y Other resource production or extraction Y y 162 163 164 165 (c) Special reGulations in the 65-70 dB ONL Noise Zone. The followinq 166 requlations shall apply to discretionary development applications for residential uses on 167 property within the 65-70 dB DNL Noise Zone. Residential uses shall include all of the 168 uses listed under the headinq of "Residential and Related" in Table 1 of this section. 7 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 (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 ZoninQ Ordinance, includinQ all requirements of the zoninQ district; and (ii) conforms to the applicable prOVISions of the Comprehensive Plan, includinQ, without limitation, the Oceanfront Resort Area Plan, Laskin Road Gateway DesiQn Guidelines, Old Beach Desi~n 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 surroundinQ properties havinQ a similar use and no Qreater than recommended by the Comprehensive Plan; and (ii) 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. (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. 8 212 Sec. 1805. Sound attenuation. 213 214 Sound attenuation measures shall be incorporated in any use or structure 215 located in the noise zones 65-70 dB DNL, 70-75 dB DNL or >75 dB DNL Noise Zones in 216 accordance with the requirements of the Virginia Uniform Statewide Building Code. 217 218 219 Sec. 1806. Allowable residential density in Interfacility Traffic Area. 220 221 (a) Subject to Notwithstandinq the provisions of Section 402 (b) and 405 222 (Alternative Residential Development in Agricultural Districts), single bmily residential 223 development in agricultural districts shall be permitted as a conditional use at tho 224 following density in that portion of the Princess I\nnerrransition !\rea designated as on 225 property within the ~Interfacility Traffic Area~ on the official zoning map shall be limited 226 to sinqle-family dwellinqs at a density no qreater than one (1) dwellinq per fifteen (15) 227 acres of developable land. 228 229 230 T!\BLE INSET: 231 Noise Zone Maximum Permitted Density (Single Family Dwellings) 70 75 dB DNL: One (1) por five (5) acres of developable land ~75 dB DNL: One (1) por fifteen (15) acres of developable land 232 233 (b) 'Nhore a tract of land is located within more than one (1) noise zone, lots 234 shall bo situated, to the oxtent practicable, on the portion of the tract within the 1000vest 235 noise zone. In such cases, tho portion of the tract within the lowest noise zone may 236 contain the entiro numbor of dwellings allO'.vable on the acreage of the entire tract. 237 238 239 Sec. 1807. Reservation of powers; severability. 240 241 (a) Nothing in this Article shall be construed to require the City Council to 242 approve any application solely because it meets the requirements of this Article, it being 243 the intention of this Article that the City Council shall be entitled to exercise its authority 244 in such applications to the fullest extent allowed by law. 245 246 (b) The provisions of this Article shall be severable, it being the intention of the 247 City Council that in the event one (1) or more of the provisions of this Article shall be 248 adjudged to be invalid or unenforceable, the validity and enforceability of the remaining 249 provisions of this Article shall be unaffected by such adjudication. 250 251 252 9 253 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8th day 254 of January, 2008. 10 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 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8th 18 day of January, 2008. RIZONjNGS PEND1~G u:"';:-ILL.MENT OF o CJNDITlCNS .R-C"-c P)-H2 ~:; :\::;-2 REION!NGS .dT" S::>EC!t>_~ RES,RI=,!GNS < )?IT',,C,..ES CCNC;'WNAL.. lCNI'<G AND "(ECORDEi: ;:>ROFFERS 6ICUZ SUB-~i'!E~S I~ I,ffi-'"'' I L~ lOP) DENOTES OPEN SPACE PROMOTlON CITY OF' VIRGINIA BEACH VIRGINIA D. ~-IO G e, I I ~M~~ CiTY OF CHESAPEA-;; - -i~ - ~-, \ , ~-, \- ""' ,./ , -, \ , '" )-")v/'- I( , I 1\ [1\ R-15 " , , , , " , , . ......----/..-\ "" \ " .- I I I I- I ;;.:c7~ "t<OCS"'E~_ """"'s,.....V!:J ==== C:"'(\HJM' - - - ~oc.o<!oI).KlO"---- 1"""'1 i} R-15 -, , '- .........::::..."':'-....... "" .......-- R-15 ZONING EI2 SHEET NO. 688,159 C0 I (j). ',' ~ \_1 _, I ~, i i I "'>(:) o o ().~ I , \ , , 'oJ '"" i " " , ! , , , , , \ \ , o~ o~""" Ox " '.; R-15 , \ 1 I '. j . .. . . . . ..' .. .- ..~r., ' !fiIiiTii'~'~'I,F'li D F I: 'I' ZONiNG MapJpC;:~eC DECEMB:::q i'.2007 p~ ~ em" Of VIRGIl'\IA BEACH VIRGIXIA ZONING FI2 SHEET NO. 69",[59 F2 (IT A) Denotes INTERFAClL/1Y TRAFFIC AREA :=<.,..-,)~. 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AG-) (ITA! 1"""'1 CITY OF VIRGINIA ZONING G07 SHEET NO. 700,:89 G07 VIRGINIA BEACH I'~;:"W ~"rJ '-----', -'11 B-2 '>}:. 1 I~,,:<\ )'~ i:::} .~. lJN;~':; {.N] ~EC!jR0E:C " "1 .' .,"~~:-~::,,\:i ......"-, . ,....-'<, \1 . . . . . ,~ .t,6'~c,' '. ,i . . . . ;""< ~~, '{~~i 'd:~H S;>~:::;^L. PESTR,:::T[[I"l'; -,'I D8 :21)0 4~~<- (': ~~~~ 1,::,:',1 E:J EJ I::;P' Jo.on.:s (;1'""'\ SH~CF t1TY OF VIRGINIA ZONING GOS SHEET t~O. 700,183 GOB VIRGINIA BEACH :]p:rr\iOFS J;'EN :~PACE p-! '. ,l ,. , = '* . , . P-I ~, .. x,el ., '. +'" -'UJMNGS l--'E\:DIN:~ "-'L'Lel-ENT fifl}';l"G:; ',,:~,. SPiCe!;,1 RESTP!::::10NS "'T~A>El ::::r;c:~roN"_ Z0N!N-~ A'"I[ ~[;::CRDU ~~d A:C;Z I ,:~~:~; I 1 co.'"", I ~ P"""I CJTlO 010' VIRGI~IA. ZONING G09 SHEET NO. 700,177 009 ViRGINIA BEACH flU'.)"j',::';S ~ ~UL" :L_.ME~- ~- ~ ACctlL' Al "/ 5~~..4H~~" I ,::':::', I I ""'" I I .00."" I CITY OF VIRGINIA ZONING GIO SHEET NO. 700.,7! 0'0 VIRGINIA BEACH REZONJ"~S ~jTl' Sf'CC :"L ,,~~. 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CITY OF VIRGINIA REACH VTRGDiTA -H :'Y!':CI(.L - ~>\~~ 0--:-:11 ~:~\ V""'"l'P/';'-__~ / ~4P~3'-' ....._-'\ ! \ " .J C.:C~lj SJ6.Ail~~S I ~::') I ~ ~ CPJ DENCTES OP[',:;:"'I'lCE "RC~\<JnCN "'''~ -- ~ -- 0-~\ ;:~='~ 000.<,,'''''''' =:~~_ ........,........." .=.=== <m.~- ~._- l!<V''>..()<~' r""'I G I w\ '-" /1 o , .... " '-......... C~j "I ....... '1Z:" ). ZONING HOS SHEET \0. 706,201 H05 ".',ogn ----_"'~.,"_,c <-- /<-'"< ;---- j-" /..".. c....-; '-'1)/ ( z.~? I., 'n \ \ '0 6 (, I I 1 /) I J c,<,) i -" j t..} (_ i ) " _..L-_ m_..mRc40~:-~ I ~ r<....~\..1 cy~"" ....... \ /~) ~ ,.---~\ ,-",-\,) ~.f- 'J--. , \ r (' 'I "-,' ,-I ~.II ,/ ~ ! ~~ \ t-4(' -I~':-'''\' / V" I . ~-'~5- iaf .. AcREs ) \ \. '. \. I r). . .\.\.~\t. .J) '"lie"1! \ \. \. . :)U{)-AFea-4 ,JldO' , O,J \ \ \; \ \. --, -. ''\' ,m"'Z. Ii}. '. ....... '. " . .\ /" <'~ '.' \'d '\\\;\\\\\f'\\- ' \:;;'1\'. J:i\\\.j\\ ., . ;,,'>,000 ~.~-.' '. = -c:...,c 'r:;:: "U~F " > AL~uZ ",,'h>'lF.~' I 5:~;:'; I ~ ~ VIRG[N:~ OF BEACH VlRGll'.'A ZONING HOG 5HEF NO. 706,195 H06 ...... . ~ . . it. . "1IIi~, ~~'24~w.n.(O!: / /-' t{7!lO' ~7(~' of r ZD'il'il I: :::ENOTES OPE\ S>-I\CE ?,,[ll'~J~:ON ~ CJTY Of \'IRGINU. ZONING H07 SHEET NO. 706.'89 H07 'VIRGINIA BEACH 7.:: "'JH I ~~~ I E::J I ~-, I Ir , 1- ~ CITY OF VIRGiNIA ZONING HOB SHEET NO. 705,183 H08 VIRGINIA BlEACH C'U. c[jr-.ur:o,,~ W~.;I"'G lIND f'lEcor;JE.C "HJF~ ::h$ B-2 , C::===? ;:'['.,.:1\, ~:Ci, --,-""-+-- 'dB Ldn B-2 ''-, B-2 i "IliiUt'i APZ-2 ~-:;J A:l, z 'i<.o;;-~~S \ S:::7; I ~ I I I i I B-2 J I ! I ,~ I I N B-2_ '-' l~ '--" B-2 I '""<" I 1"""'1 I i II em' OF VIRGINIA ZONING H09 SHEET NO. 706,77 H09 VIRGIXIA BEACH I<:~'" SPlCCHL > R~~T,:l~j~~~~iS 'I}:;~ ;398 r;;.(;46': 0]!: ~ I ",..,^, I ,"lY: JFND"'"FS epn; S;'i\CE II 1 CITY OF VIRGIKIA BEACH VIRGINlA ZONING HIO SHEET NC. 706,17i HiO AG-I ,~. --'. . . . . . . . . . . . . . . AG-I APZ-2 AG-I . . . . . . . . . . . . . . . . . . . _~__,~~_,___."".fr:;; . \ . ..~ . . .. . . . .. . . . . . .+ : . . . . . . . c,:L.:Q"t,; P0~EN,>~: AG-I A:Cl~Z s...Il-.Qo";:A~ I ~J;'~~=~i I EJ EJ ,[)", JEN;>TE:> P"""I :~J :'CiU!S0825VJI3060'C",' ;>rJ(J"Q82fiC,JI-,\(,;:.r;",c . . . . . . . . . . . ." . . . . . . . . . . . . . . . . . . . '-- . . ., . . . i : . : . . . . .----- . . . I REZCt>;:'i;;;SPt:"<O:N3 RSS-RJC-:Of;S ;n-",c...:=::: (ITA> Denotes INTfRff,ClLl7Y TRAFFIC AREA AleUt I ,::'.:::!, I ~ ~ ClT'\" Of' VIRGINIA BEACH ZONING HII SHEET NO. 706,165 VIRGINIA ;?'~.C"~ ."J)('~' CJ 2U, B-2 [9J "SUb-Neal V' (, , L. A/ AG-I l .1 f' ~H ~ .' /--'," . / (ITA) Ldff / AC-l (ITA) ~. ~ . ' . . . . . . . . . . . . . . . . . . . . . . . . . . . ; aw '!I.._................ .... ..1._...................... .~. Ie. ......... ..... ..~.........~...-....-..J...-.........-......... _ . . . . . ..-.-~ AC-l ~----_..._. 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Ji'o'TfRfAClLlTY TR-IfFJC ARiA ,^\F:JZ $1.f...,.Mf~t Oooc.nIlI' I S;lB-~-H:1 l iV8.AA(~__~;~1 r:;, ','. '/'~~ J"Cla~~C lJdle Printed: 1/5/06 CITY OF VIRGINIA ZONING 113 SHEET NO. 712,:53 113 VIRGIKIA BEACH PO-HZ R-IO [53 lJ,'li,.:;"''<: n."'.OO< 11.'.e.OOO .:.~"'r:~?~/:;:?~:~~~O:..E"~O~:; ~ 0 .. 0 0 07 : . 'SUb,:J\reiY[2, \ i liti>;:d13,td'n) (-;f ,~;~;;:':" ~. 1- -_. / " , 0 ./ '}, / )- :; y / : /) 0/ .,. /- ~ ( " " \ \ \ .. '\,...... \ " '" ) ." "~......./ . .......----"' REI;;I,:I'>'~", ~r: r< ~;:>[.'.-.:('''- --.................j I I I ! ~ II I i~ ---.-I~"",, AG-I A!CJZ ~,,"h.f'(~S I s~:'] I G::::J I &H'" I 'CPI CE"'OiES OPE" ';;.oA(E PD-HI [I) 1"""1 'l:::Z::;,,"I~G~ ..:~;-. SP!:C1A~ >-(~SPI:::~;i)NS ( :> ArTA~H~D tn"r;:-;m,;:. 70\ij~.G "NC RECYl;Cr:: =i83%9 :;;>'1:' r'.. .\)~ ;;>E-"'llA$ I 5:~;:Jl I ~ ~ CITY 01-" VIRGl~L4. BEAClH ZONING J04 SHEET ~O. 7/8,207 J04 V~GIS[A o ~1. '~'.0iX ~li->a: C' I ,...t---_ ,.,~ " U<':-..l' ......, c?: ' ,,- ' I I I ( \ ) ,) ,g-30 ~T R-40 ;;:~ y~'C--". >~ ~ ,^, 1) R.:}~? < P-4: OPf.. SPACE 1"""1 CITY OF VlRGlNTA ZONING J05 SHEET NO. 718,201 J05 VIRGINIA BEACH :;EZJ'-iI"G~ ..j < .-, Sf'L~ A:CLZ ~.,p-r.'!t~s n.~.2H- ~ ~ c:=J )OC~~S CPo, 3"'ilI::" "9r;l"":_:n;;~ P"""I CITY Of \'IR<H:-<IA ZONING JII SHEET NO. 718.,G5 VIRGI::\'L4-. BEACH -0 " TiC PC' '~'-- S'"t-:C:AJ. fE,' "r::;':J'" ;::'" {:.' "'~'J <) ~'e ~~ Z I :':2:' I CF'::E'J:.;riOS 5"I>C: r'I CITY OF VmGINIA ZONING JI2 SHEET NO. 7i8,159 012 VIRGINIA BEACH ~EZJt,.i~C,: . ,1'/ ~Mi;l/,/~/' /';~/ /\, "\ , ~ ,/ / ~ j/ / ' " '\ \" 1,' '5t!:b:/~ea l'. . ,,<I'G:~ ...: . 1 / /" _,/ ,/ /~l.' / ,_' ,/ /_.,-'~' ,/' \ ~ ..\ ~//f.,,/ ,/../'/" ," /J-J-" ,j--:'-/" 'f/,. /'\ /,<!,'/;~I / //'1//,' /1' /', ." \iI,01 "~,'\k/ ',1/ , . a:y:r" / /1/ / ",,' '\ .. 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'\ ......_-...... ',j FEZ.:t-fNGS "E:J..O:r;,~ FcJJrL.L.~fN' OF" o ':C~C:.::I'<5 BRo'4.D BAY < ) ,\-:;.-:.' '--: -- FM,40 c' -- .- ':':;0/,1 Q '- ~R-15 . I -_-=- 1 AICUZ 1;:;":i:1 ~,o ~" ~ ,~ R-20 :, ~ ~ r==:iR-20, ~ ../\/ ", ':::5Q J?! CE"'CE~ QI->EN SP,.Ci:: i>RC'4T:Cil. \ ., :\ ~~.~-~~.'.~.;..-... f"""'I ~0~~'Ql '. '41 ~ CITY OF VIRGINIA ZONING K05 SHEET \0. 724,20; K05 VIRGINIA BlEACH ;'fNC' ~Ul~LU~P.;T "f.l~;N1N'~'-,- .'. 0,-2. ~.>;....,\<\\, '. ",.---"\ ;""', \ .' .."~'.\.' ........A ." . \\\:~,i~,<'\' 't::2 -.:\ \\ \, " ' , f..... \.... ..'\\, , " '" ',,- ' ..~, ',\' , .... ; ~.. ; ~. . "~ R-40 , ; ... .. .. .. 0, .. .. '. ;".M SIRQ NK/(PO'l .. . .. ; \1 ': \ . ~~1tc.~. .. R'cJ .1 .. . ~ j J A~l , \i '. l, , \1 " ~ ,\ (\' . '~ \i ,- \ , .\j ). i>. \ ," , \: E:J I ",",,, l 'G" OfN01~S OPE,-; 5?~C( PROMOTtC~ CITY OF VIRGINIA ZONING KII 5-iEE' NO. 724,165 Kii VIRGINIA BEACH t1.'~"OO~ ".7t'~= ll.'/!,.","<<< U.''/'.COO 'i ~~'O~'" P'~:':'''' no................. .~. ."..~.. ;:::7. 15.. -. ad_.. .~.."I...... . ,/~~ . . " --./;/ AG-l (\ i ~ I f1.'lJ.~:;C ,.,-laMlC ...........................,....~.. I I .' ~... ..-, .... ! 1-1 ... , [2] ..... ..' ..,... .., .' ;,;t:lJ"J"'G~ '.' ~. !--' R(S;~I:l:GN';' e:,"!A'.:HC' AI' SV.-l\fll""S B ~ Iou." I - ClTY OF "'RGlNIA ZONING KI2 SHEET ~\Q. 724,'59 VIRGINIA BEACH S-2. c --,~"~ , /t ~2hj { i/. . ! ,/. ~' ~,_. f 1/::- ...:......e.., '182 /' ,~, '.~ '1rIJ";N[.S "'~H,C~ED ....:; I.[~ ~'~.e3 I:',;,~;;? 1 ;""~" I I ,~,~" I PD-HZ [Ill PD-HZ [II] n I I CJTT OF VIRGINIA ZONING KI3 SHEET NO. 724,153 KI3 VIRGINIA BEACH PD-HZ [5J '2.7'J.<>(I(: ~l.''''.(/X - 'A"'~l- :~:~~'_";f~~}l~~'.~.~~~....~"";"'%O '"' ._,.,,/ .A(i.I.. <" r~/,.f',~<:~, 1% "j r.-':<tl~.. A(;-( ./.: ..~' " /':' ~ r./~/"/// '-= t', . / .-', /, . '. t'>~i1?,..Area 2 -LMj-y':-l ' :,' _ '/,' ,- i/ :,/~'. /, ~' 1ElG~':N(~S H,~'RlC:fO'I~ ) A7TACHtT / ,,/ . . '. ,: -"'~""""".'O(~ . . . . . . .. . . . . /. . ,'. , .1/./ ~/;, I" '.L1'lJ.~, /. '5RC30l{.. . nl ; / / \) AG-I ~ !t1d;"". .0 .":J ~l_JJ I I l;:.':'l.OO< ':,ll;;';>>'j ~ ~.~. ~., ~ ~ ~ '.~ ,.' ./' ~. .~ ~, .... .............~'~~,~M , .' , . / y .." ~ / / . : . . . '} l . . .. . . . . . . ~-- -. . . . CITY OF VIRGINIA BEACH VIRGTh"lA .~ l:.:P .l/' l// A~~'/ l' . ...~ !Ii / : / ~: Or 3P(C:<'I,- , /';~"S!-'-_'::~:,~~"'" DROOC""ERS {,IC-,Z .."6-AA!~S I ~:~:': I E"J EJ 'J";:r-. c~=> AG-I AG-I .' ! .. ~G~I ..... t" "'1 .' .' · i AG-I W' .--- -.. . ~ . ~ ! . .... ..' .... : ~ L~ ....,.. .' .' .' .. ..~:- -------------- .. .' .' W AG-Z 1 AG-2 N. M[JDDY CJIBElC AG-2 AG-2 AG-I - :i , I I 1* --! AG-I AG-I AG-2 1"""'1 AG-I RD. ~'''''., i:~ LtJI~tL ZONING KI4 SHEET NO. 724,147 K.14 .-' /' --- . ~- ,,/ /' ~>SiJtA4rea 2 / r ,/pt)NGO AJ~ FIELD . V (abandone<iJ ,/ ~---i"",.:"" AG-I AGel i .At-I I- i i. =:1;.::5'" AG-2 AG-2 AG-I CITY OF VIRGINIA BEACH VIRGlNI.... ZONING L04 SHEET NO. 730,207 L04 "[ZJ',!~;C-S Pf."'J:N~ : r~:~~~:~;:.1~~ " " -'I \._-...... '..... P-I '......, -- E:!,r~.W-] , "'............"':' '- '......-...... ......-......, '\ _J c<.'1t,..1C~_\n"p '- .....~'..... J " ( , '-.." ..... ....." F1R5r lANDING STATE PARK ............. --............. '\ '\ AN~ NATURAL PRESERVf , \ ',,~ i P-I I I I \ \ ,~" P-I \ "...... '...... J " -- .., -- /('" .-----..... / /'" " // , // '\ ArLA.."ffJC OCEAN "- , " , " ... , --- -, ... , ... \ '-, -- -- , , , '---\ , , ... , , , , - " ~ --~,---------4- '--...... '......) \._-......_- , '-- ..-:'J..> q:osr,,! ~)lNS ;1P,,:H!.::J k l- rl~lJAj~-li~Tf PARK ... AND,,,,,'rvAAresv.;~'!. f"""'-""'-<)("_...J "...................-~0 h .... ..... P-I r--, \'-,'i '--~ '- - ~\..../r"""__-""'-"".......J ,r', R.CClR}EO '-~."w ... . .... : . . . . .A~~a 1 ; I ! 1""""1 CITY OF VIRGlSlA ZONING LOS SHEET NO. 730,201 L05 VIRGI;-JL-\ BEACH i1.'~~ ::-':Ull'C..GS Pf:NCh(, h/.~;i_,.~f'-n ::JF ,,: -... SI>~:!C\,- Rf~S :'1L:,:J'S i,"'':"'.:::HfJ i,; r i:< F.',', . \ . . \ '., '>'J' ,,'S i'~. : . (, . '\ '~, ,R-'lO i' ,it . '- '- "', " ,.1 '-- l ,~ ~^---' (' \,~R-.4Q.::) . .~R-40 '0 v-' d 0 '-.) -' R-~ '-, 0 , _ -~ i ._. ...._L&~~~. / . 1.., t) / i' a:- APZ-2 I"""l CITY OF VIRGINIA BEACH VIRGINIA ZONING L10 SHEET NO. 730,;7, l'0 r~.n.DOO P~~,~~~~~~:o":;r . . . . . . . . . . . . . . . . . . . ~ P-I . . . . . . . . . . . . . . . . : i '---,.'u,' = . . . . . .: ~:t::::: . . . . . . .. A-18 .. [6] . . . . . . . . . . r';CI_ Z I ~'2:; I ~ ~ S"Er-< P:;'::~fLJTI0N ,...... CITY OF BEACH ZONING L11 SHEET 730.155 L11 ;.)[ AiCU7 R-15 ~ CITY OF VIRGlNIA ZONING L12 SHEET NO. 730,159 c2 VIRGINIA BEACH R-15 R-iS I:;IC~'Z I ,:'.;:~ I ~ I .,,~,... I 1"""1 CITY OF VIRGINIA ZONING L13 SHEET NO. 730,153 U3 VIRGINIA BEACH q.,,;t;:F"l,. ~--T.. REJ:;"':I>iGS ":I>:),r..:) i'~Ii...~lLLI"[!.;'" o~ '::G',~)i-:01\S R-20 WP) [I] ;;J::;:Ci~!""C;::c ~.tT: i '<b~;;!C1ICNS ) ,"~Tt,c),,~ CC~Cl":l/''l;;L ] ;~ ,3CJ,,]gc;S'C.3?9 ,t, _, ,}',C'.'.:;?OOf?ClSC 11 ?( C'G':r4,-;f,,:_0C~ "~_7_~_"'il: U <'r;C<'F-;..M .:8 4"&~ p\:.~63 : t.. , . L,~, ',~,/" "~,~"'-,/r-_/~/'L ~ ;',/;'" /' ""-,/"/,",,//,/',,. r-SUb:#a::2>:j r . //>/1 I c,~'"" I r /'J I , .,' ,- >; j !,'-- /,/ i' /" 41; CE,"ES ~-"r"--;",/ -r....- ('''EN S;O>ACE :" .,':' I ""O!.IJ":Ct-. .,' . i . . .' I , - ._. 1 . /.' " . .; tW-I. -: ~'~i /~. = /1 .. I . -. : /.. i ,~..~..'_____ .I AG-I L ! -- AG-2 I ) AG-I AG-2 n -B'.'~ W:1; .~1L~ ._ CITY OF VIRGINIA BEACH ZONING L14 SH"ET NO. 730,'47 U4 VIRGINlA ~~-Area-2 R:~,~~;;~~~:ET"'O;I.G f-"~~'" t ~~~~... '.""1 "UN' t6~jOdB Ld/1 . ~ . .. I AG-I REZLr<.J:":;S ,,:.,.,- SP:OCPl. R:':S"'::n:-:C<N$ ,~Pt.~'-CfC' :::c.'NDlTlCN4_ ZCN!N(~ A'JC ~ AIel_? S-'&-.e.AE"'S I ::~:'1 I c:::=J ~ I I / Mj-I / ; / / ,/, / / I ',J C) '" AG-I \ , , I I I I / AG-I I \ '\ J I I I I I I I I AG-~ -,. ., ~".-'N_ CITY OF VIRGINIA ZONING M04 SHEET NO. 736,207 M04 VIRGI~IA BEACH Fl::ZG'H\;:;S PE'~CiN'~ ".'CoO"" l;,"J.W<' . ~ ._...-.......[............................,~J,"'J( ~ : .. .. .. .. .. .. .. .. .. .. .. .. .. .. ......! .. .. .. .. .. .. .. .. .. ! .. ~.. .. I .. I .. .. ----j 6... "..- ! ~~~:~ .+.+. ..+ i .. I .. .. .. .. .. .. i .+ .... -. .._.._"._._.._""-----~---- - -'ND1-:-jCN'::', . ?:"1N1Ni, AM:: . " . . . . . . . . . S ~~ ~""~ " O.".2~1I" : ~ ti4'" ~i:,' I ~,~~~1 I : : ::-\,tf::.l.M('C or :' ::SNJlnO"~ + ........"....~ . . . . : . . " . . 'lEllJ',:I\,~S >liTH SPC,J<'<I Rl'STR;CT!;)N~; A',AL-.U . . . . " . . " I . ; . --t,~ CO,, I I . . I I I I I I I I . I . . . --1"". . . i : I I . . 65-70 dB Ldn ........... ..........................._._.._._.J..._._...._.............. "t'.~X ,.., ~1 t!m:j CITY 0" VIRGINIA ZONING ~05 SHEET 735,201 MOo VIRGINIA BEACH ?O~.!'.J" l,,,:; ,',.';'..:>:>G ,;t1:ll.~--JO 1::i.7J'...;n:; i:;."c.~..; C.><<;l(l(l tl."<.C,,'" :*\...... .f........ .-.........~..~......................-.~..-...r..................... ~... ................-...~'r'.'.c a-Area 1 i....... \ ! : , 'I ...". : . . . . . . . . : . . . . . . . . . : : : . . . ------.----___ ---___ -------a~I~.':};;'- . . . . . . ~. I : : . . . . . . . . . . . i . . ' . . . . . I I : .~___u.u_..._".__~____~ u___" .,.__ _1 ........~>,."'.:,,;~ . . . . . . . . : . . . . . . . . . . . . . : : : . . . . . . . : : "~~T------' -----.---.--~ ;~?).,'." . . . . . . Ii 65-70 dB Ldn i . . . . . . : : . . : . I : .. . ....",. . . . . . . . . : . . . . . . . . . . . b dB Ldn ........ ! !", , ATV.NTIC.. , \ ... , / 9f~ .' .' " '.. ;-~~--r---;~~- ;/,5; .' , ..... '-I!.F ~NC,?G', dB Ldn C:iLUl SVB.AAf"-" I S::~::'1 I EJ I ,,"'"", J ATVlf\'TlC OCEAN Sub!:4r~~1 . . . . . . . . . . . . . . . . . . . . . . . ..._._.#m --~.n.w ............-.-....... .. . . . ......-.............. . . . . . . . . . . . . . . . . . . . r"'i ~ IJJ!'!L_I ~ '-' Jc' CITY OF VIRGINIA BlEACH VIRGINIA ZONING MOG SHEET NO. 736.:95 M06 U,",".-:OOO t..')l.~"" 11.'OC,-)()fJ kZ.''''= 1!,''t~~~:JlJ~ - . . . . . . . . . . . ~.....-........-........ . . . . . . . . . . . . . . . . . . . . . . . . . ...............-:- . . . . . . . . . . . . . . . . . . . . A_.",__ . . . . ' .i . i . ' .- . . . . .- . . . . . . . . . . . . . . .- . . . . . . . . . . . ': . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A TV\NT~ OCEAN . . . . . . . . . '. . . . . . . . . . . . . . . . ....!tI. . . .. . . . ..........-................. R:'.ZONiN:,S ATLANTIC OCEAN '"'EW"lf-iGS '..-:T"S:>E'<:1A ( ) ",~TC\Cii[r (DB) Denote.~ Old Beach Overlay A TL4.Nnc <X!M; s.J~-<';;~"" o..~,ZU17 o;'i ..-<--~ ~ n if iJi.OOL CITY OF " rIRGIKIA BEACH "\ VIRGINIA ZONING _M07 C MOT SHEET '10. (36,8_ u. ,.~>c':.-;,'''' . , . i .' oi , . . i.fOOCdB Ldn I : -_.__....~~"'.:.-- " : " . . . .t. '. . . . . . . . .. . . . . . . . -. . .. . . . . . . . . . . . . . . . . . . ~..",cx -I ~....:,x ';~<.";'i:' I ',,,,~,,, I ,;c.'<", I ,""..".) . . . . " . " I. , . ! ~A'I?-. · i. fl. . .__e'.'... t..,.. ......,...". '.,," I . . . . . . . . -,"e,.,", . . . . . . . . . . . . . ~v;b~A~ea 2 i ~. , . ,.r;l ,', /, . ~" " " ! ..........1"..." ~~..;....u. ........... -'\ /' c,C -jFkF".S ~a~LE. 1"""1 CITY OF VlRGIz.."1'" ZONING MOB SHEET NO. 735,183 MOB VIRGI:'-JL-'\ BEACH OfEzn...l',G'; ',df'-I SPE:PL f<E',>TRICTlClNS AT~A'1>.;[,J (-', /' \ = I . ,--- . \ : J . ;/ ... . . . . . . . . . 2 ~LZ:MNGS F<E',C:'-I(, ...............-.... : U.,[!-<r (J;: . . R-IC "' . . . . . . . . . . ,-_/~ rY" - -~.... ,..- \~> fAdG+t 5 dB ST,' A,fgUTMY" ':\ /, :~: . -~':1~~::'" .:~ERVATIOIi ,~1 . --::::::::; . . . . :D . '-~r::~1 ~~~ -:--~-~~ ~~~-,~ . . . . . . . . . . . . . . . . . . - -~"r',r' . ..N\j >';:,[,:;<mEO P-I I -r ",,-&~ ",..ie" .~".., .... I 'RAOR.:.tO-'/, LAK~HIV;TiN~-ll' /~' / /:mftlB' / ' " .,' / . ' ,,. /., ~ ~ : ~;./ .. /~ ~/ ~ ,. -:-~ - -" C</ ,{ "___ ',/ .- " ;d>,' . . . . .' w . A TVINTIC OCEAN . . = = . . . . . . . . = = : . . e-, . . . ~~~Sr:l : ~L. i.::c I''"~'^' I P ~:' ~n .c"" ";1 ~I > 75 dj3 Ldn v I j I I I II Ldn. . . . . __....~.x,' . . . . . . . . . . . . . . . = : ----,"""' . . . . . . . . . . : i . '. ="'.M' . : / "~I 'J /. , , / P-I :. o' . o : . . . ..' " O. r . . . " o o . / o. .' o . ' .. . : . . .- . ,\_/~,- / ", ).' )<\,/,-' / ~-/- .Pcl " / . . / ~S /,/"~/'y_.-./' ';/ /, )C:,./ 'v ~Rr:W':;',:Q" ~;:/] ~ . . 'OP: cn..c.E:~ JPENSf'tlC" '["'..--J o. .. .- : :~,~~~ ~ // /f/ .-; ~f\~) ,f ~"i ..' ;,,~ ,r' < / A : v i l~ /l.- "'LJ . / /, ,/)-, /' · ~ ~-=, ;j I---~ /i ~lr2 .~ F)i '"".:,JL:-, /; c:,:r/'r~._,'-L<."'.y., 1:/ '/ Su6r' ,2 ';'" Y. ~ t r,;-~h--<' (/.;"_ -; -1/" / / / //.V/: /..!-J........---r--t' . '/ '--.. -~ ,/ / / · ..~---;-.:.. Cr-t.": ~ ::_~-.t., i'" -: " _ . :' ///", /' ---,/ / ' ," J // / : j" - "'1 : i1' ----' i_J- -',' /~ · / / / -,.,' / / / /' / / . ,/ /1 / / ". .;'.(i~.................... ..:a"..~.~ ..'~ r('~'.''; ....-.. '.. .I.~.~.-~ rr':.": ..". ,'..~ .'~.-A~ ...:... ....-...~;-_. P-I 1"""1 ~ t;;tj JI:,j J~ ""~ l,.'~.{<< Rr:IV~;~G" Pi::NCi"'i~ .,...'....'.... FCJJ;'-.L,~rNl:J~ : . . . . . . . . . . . . P-I . . . . . . . . . . . . . . . . . . . . . . . . . .- . . . . R~l(r'il"0:, \<in' ) 'l~:'lF~~,~~,I;S Pf'.C;'FE~S I\:,U! ! ,:~~:~: i I I 'cO"'" I I "..w.., I OPE',,: S>>N::;:: "'")M']',T:r< . . :;,(~::~. *.f,"'" tj) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~~~~T'~'~ . AG-I: . . . . . . . . . . . . . . . . . . . . . . : .. . . r' CITY OF VIRGINIA BEACH ZONING M09 SHEET NO. 735,71 M09 VlRGL"'-IA b:."'pC<;; € 1)'jnlJQ (.71!1.:;o, <_'''''"'00- p"'woc c1'l "" ~...,......................~!................................, ...____.,..JL........ II.... I 1It.~... 1"1.. -,...,.~ ..... .......... ... W.I. I ~,I);, ,,,-",", .(~ J_~.l ,J.l..) V ,.. I .. , ' " . G 'r-):: i)r rr- -~ .-------' --""~ - I · / / / / y . ..t'~: \:. 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I: . \ t ~~...~ ..; l- . ~ 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 Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of 24 January, 2008. 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 obj ectives 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 Ocean a Land Use Conformity plans, policies and ordinances. These amendments to the Comprehensive Plan and Zoning Ordinance provide greater land use conformitv with military operation requirements. Further, administrative procedures outlined in a 'Memorandum of Understanding' are in place and have significantlv increased the Navv'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 integritv of established neighborhoods. Legend o A1CUZ NOISE ZONES 1M 65"7OdB SUB-AREA 1 ----: 65.7OdB SUB-AREA 2 _ 65.7OdB SUB-AREA 3 _ITA RURAL AREA RURAL AREA FLOODPLAINS 100-YR FLOODPLAIN _ ABOVE 100-YR FLOODPLAIN .. ... GREENLlNE _ARP 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 order to protect and enhance the character of existing neighborhoods. Such residential development should include affordable workforce housing units. Page l06 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, roadways serving the proposed single family de'v'elopmcnt should connect to the existing single fafFlily 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. Page l22 3 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 diyellings on the property located north of the Virginia MariFle Science Musel:1m 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 l42-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 (ITA), 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 i^Jternate LaNding Naval Auxiliary Landing Field Fentress. As such, land use planning policies have been established for the ITA aHd that restrict additional residential development beYONd that allo';,'ed by right. In many eases, especially for properties zoned for agrieulmral uscs, this would traFlslate to no more that one lot per l5 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 ITA 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 of2007, 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 Ham.ptOFl Roads Joint Land use Smdy on May 10,2005. This doeumeFlt includes a Memorandum of Understanding bet'?,'een the City ofYirginia Beach and U.S. Navy that, in part, provides guidelincs for comprehensiye plan adjustments to certain tracts of land in the ';lestem portion of the Princess i^~nne/Transition i^~rea identified by the Navy as the 'Interfaeility Traffic i^~rea'. The ITi^~ is subject to a high volume of military jet traffic betwecn Ni'\S OceaFla and i'\LF Fentress and the city reeognizes the importanee of incorporating appropriate planning policies for this area, consistent vlith the approved JLUS provision, as follo';ls: 4 · 'Nithin tHe IT.^~, noise zone 75+ DNL retain the agricultural zOfling of one residential lot per 15 acres of developable land. · 'Nithin the IL\., noise zone 70 to 75+ DNL density ofresidemial developmeflt should not exceed one lot per fi','e aeres of developable land, dependiflg upon the degree to v/hich each development proposal meets the City's defined criteria. · 'Nithin the IT.^., noise ZOfles less tHan 70 DNL, density of residential develoflment should flOt exeeed one lot per acre of de'lelopable land, depending upon the degree to '.vhich eaCH development proposal meets the City's defined criteria. Princess Anne Corridor Study Page 24 VI. 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. Navv'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 - 54 - Item V-L.l. APPOINTMENTS ITEM #57218 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT: HUMAN RIGHTS COMMISSION January 8,2008 - 55 - Item V-I. 2. APPOINTMENTS ITEM #57219 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Michael L. Clark 3 year term January 1, 2008 - December 31, 2010 APPOINTED: Dr. Carolyn Huntley O'Toole 3 year term January 1, 2008 - December 31, 2010 COMMUNITY SERVICES BOARD 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 I. Wood Council Members Voting Nay: None Council Members Absent: None January 8, 2008 - 56 - Item V-I. 3. APPOINTMENTS ITEM #57220 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Linwood O. Branch, III Michael Cloud Butler Henry M. Ryto Sylvia N. Strickland Arthur Webb Gerrie King West 3 year term January 1, 2008 -December 31,2010 APPOINTED: Jim Davis 3 year term January 1, 2008 -December 31,2010 RESORT ADVISORY COMMISSION 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 I. Wood Council Members Voting Nay: None Council Members Absent: None January 8, 2008 - 57 - Item V-O. ADJOURNMENT ITEM # 57221 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:21 P.M. ~__ar-~~-~ Beverly 0. Hooks, CMC Chief Deputy City Clerk ~~j Mayor City of Virginia Beach Virginia T__..__," '")1)1)"