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Home My WebLink AboutMAY 27, 2008 MINUTES I I ! CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNnORF, At-Large VICE MA YOR LOUIS R. JONES, Bays/de - District -I WILL/AM R. DeSTEPH, At-Large HARRY E. DlEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District i BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRiN, Beach - District 6 RON A. ViLLANUEVA, At-Large ROSEMARY WiLSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K SPORE CITY A7TORNEY - LESLiE L. LiLLEY CITY CLERK - RUTH HODGES SMITH, MMC 27 MAY 2008 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY COUNCIL'S BRIEFING - Conference Room - ADOPTION-FRIENDL Y ANIMAL SHELTER Sharon Q. Adams, Executive Director - Virginia Beach SPCA II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 1:00 PM 2:30 PM I I V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Karl Sexton Senior Pastor Gateway Freewill Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS May 13,2008 G. PRESENTATION CERTIFIED CRIME PREVENTION COMMUNITY RECERTIFICATION Leonard Cooke, Director - Department of Criminal Justice Services A. M. Jacocks, Police Chief H. AGENDA FOR FORMAL SESSION I. CONSENT AGENDA J. ORDINANCES/ RESOLUTION 1. Ordinances to AMEND the City Code: a. Section 23 -14 re disorderly conduct in public places b. Section 21-240 re reimbursement of expenses incurred from emergency responses c. Section 6-12 re riding horses on the beach (Requested by Councilman DeSteph) I I 2. Ordinance to AMEND the FY 2007-08 and 2008-09 Operating Budgets of the Department of Housing and Neighborhood Preservation re transfers, appropriations and related changes to the City's HUD Housing Choice Voucher ("HCV") Agency Plan, Administrative Plan and Consolidated Plan. 3. Ordinance to ACCEPT a donation of a generator from the Creeds Ruritan Club to the Virginia Beach Police Department Crime Prevention Unit re improving the quality of the "Every 15 Minutes" program. 4. Ordinance to ACCEPT and APPROPRIATE $18,300 from the Department of Public Health to the Police Department's FY 2008-09 Operating Budget re the purchase of a laptop computer and satellite phones. 5. Ordinance to APPROPRIATE $1,085,000 in the fund balance designated for Mental Health to the FY 2007-08 Department of Human Services Operating Budget to purchase housing services from the Virginia Beach Community Development Corporation (VBCDC). 6. Ordinance to TRANSFER $170,000 from full-time salaries to part-time salaries within the Virginia Aquarium Special Revenue fund re increased costs. 7. Resolution in SUPPORT of the Philippine Nurses Association of Virginia's petition to remove the Commission on Graduates of Foreign Nursing Schools' qualifying examination requirement in Virginia for those who successfully complete the NCLEX-RN as well as the Credentials Review and English Language proficiency examination. (Requested by Councilman Villanueva) K. PLANNING 1. Application ofR. TIMOTHY, JR. and KIMBERLY W. TEPPER for the closure ofa portion of an unimproved alley at 800 Surfside Avenue, Croatan Beach, re incorporating the right-of-way into their adjoining single-family residential lot. DISTRICT 6 - BEACH RECOMMENDA nON APPROV AL 2. Variance to certain elements of the Subdivision Ordinance requiring all newly created lots meet the requirements of the City Zoning Ordinance (CZO), Subdivision for Mill Dam Landing Associates, L.L.C. at 4949 Lookout Road (Lake Bradford and Chubb Lake) re subdividing three (3) existing lots into four (4) lots to develop a single-family dwelling on each of the newly created lots. DISTRICT 4 - BA YSIDE DEFERRED RECOMMENDATION APRIL 22, 2008 WITHDRA W AL I I i I. l I 3. Application of JONATHANS COVE HOMEOWNERS ASSOCIATION for a Conditional Use Permit re a community pier at 405 Behl Court. DISTRICT 2 - KEMPSVILLE RECOMMENDA nON APPROV AL 4. Application of T -MOBILE NORTHEAST, L.L.C. for a Conditional Use Permit re a communication tower at 4863 Baxter Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROV AL 5. Application ofNTELOS for a Conditional Use Permit re a communication tower at 5505 Parliament Drive. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of NEW CINGULAR WIRELESS PCS, L.L.C. (t/a AT&T) for a Conditional Use Permit re a communication tower at 6348 Colby Way. DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROV AL 7. Applications of SEVEN CITIES DEVELOPMENT COMPANY, L.L.c. for an indoor commercial recreation facility and recreational facilities of an outdoor nature at North Landstown and Dam Neck Roads: DISTRICT 7 - PRINCESS ANNE a. Change of Zoning District Classification from AG-l Agricultural District to Conditional B-2 Community Business District b. Conditional Use Permit RECOMMENDATION APPROVAL 8. Application of SOUTHERN VIRGINIA BEACH PROPERTIES, L.L.c. for a Change of Zoning District Classification from R-15 Residential District to Conditional R-I0 Residential District at 4017,4025,4037,4061 and 4105 Indian River Road re developing 42 single-family residential lots. DISTRICT 1- CENTERVILLE RECOMMENDATION APPROV AL 9. Application ofESI PROPERTIES, II, L.L.C. for a Modification of Conditions (approved by City Council on September 14,2004) for ESI Properties and Kamerek Properties at 4417 Expressway Drive and 361,365 and 369 Edwin Drive to allow an addition to the existing building. DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL I i 10. Ordinance to AMEND City Zoning Ordinance (CZO), Section 1001, to ADD animal hospitals, veterinary establishments, pounds, shelters and commercial kennels as Conditional Uses in the 1-1 and 1-2 Industrial Districts. RECOMMENDATION APPROV AL L. APPOINTMENTS ARTS and HUMANITIES COMMISSION BA YFRONT ADVISORY COMMITTEE BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM EASTERN VIRGINIA MEDICAL SCHOOL HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE SOCIAL SERVICES BOARD TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS (TTDC) M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER ********* 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 OS/27/2008gw www.vbgov.com I II - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 27, 2008 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL'S BRIEFING re ADOPTION- FRIENDLY ANIMAL SHELTER, in the City Council Conference Room, City Hall, on Tuesday, May 27,2008, at 1:00 P.M Council Members Present: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, and James L. Wood Council Members Absent: Harry E. Diezel [Entered: 3:05 P.M) Ron A. Villanueva [Entered: 1:23 P.M) Rosemary Wilson [Family Vacation out of the Country) May 27,2008 ,I 'I - 2 - CITY COUNCIL BRIEFING ADOPTION-FRIENDLY ANIMAL SHELTER 1:00 P.M ITEM # 57621 Mayor Oberndorf advised the City Council Briefing re ADOPTION - FRIENDLY ANIMAL SHELTER Virginia Beach SPCA, had been moved forward to the FORMAL CITY COUNCIL SESSION per the request of Sharon Q. Adams, Executive Director. Ms. Adams advised her membership of approximately one hundred (100) will be in attendance May 27,2008 I ,I - 3 - CITY COUNCIL COMMENTS 1:02 P.M. ITEM # 57622 Mayor Oberndorfrequested the Consent Agenda during the Formal Session be considered prior to the public discussion re he ADOPTION-FRIENDLY SHELTER. ITEM # 57623 Council Lady Henley advised she wished to be excused to speak to the Dare Program at Three Oaks Elementary School and she will return immediately thereafter. Council Lady Henley will address concerns during the Formal Session re J 1 . Ordinances to AMEND the City Code: c. Section 6-12 re riding horses on the beach (Requested by Councilman DeSteph) ITEM # 57624 Mayor Oberndorf referenced riding the new bus on Atlantic Avenue with Councilman Uhrin and the Hampton Roads Transportation representatives. Mayor Oberndorf complimented the quietness of the vehicle which was air conditioned and very comfortable. The bus was very easy to get on and off. The depiction of the surfer was very attractive, very "Virginia Beach ". May 27, 2008 I ,I - 4 - AGE N DA REV IE W S E S S ION 1 :07 P.M. ITEM # 57625 J. 1. Ordinances to AMEND the City Code: c. Section 6-12 re riding horses on the beach (Requested by Councilman DeSteph) Council Lady Henley wished to address concerns during the Formal Session. ITEM # 57626 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: 1. ORDINANCES/ RESOLUTION 1. Ordinances to AMEND the City Code: a. Section 23-14 re disorderly conduct in public places b. Section 21-240 re reimbursement of expenses incurred from emergency responses 2. Ordinance to AMEND the FY 2007-08 and 2008-09 Operating Budgets of the Department of Housing and Neighborhood Preservation re transfers, appropriations and related changes to the City's HUD Housing Choice Voucher ("HCV') Agency Plan, Administrative Plan and Consolidated Plan. 3. Ordinance to ACCEPT a donation of a generator from the Creeds Ruritan Club to the Virginia Beach Police Department Crime Prevention Unit re improving the quality of the "Every 15 Minutes" program. 4. Ordinance to ACCEPT and APPROPRIATE $18,300 from the Department of Public Health to the Police Department's FY 2008-09 Operating Budget re the purchase of a laptop computer and satellite phones. 5. Ordinance to APPROPRIATE $1,085,000 in thefund balance designatedfor Mental Health to the FY 2007-08 Department of Human Services Operating Budget to purchase housing services from the Virginia Beach Community Development Corporation (VBCDC). 6. Ordinance to TRANSFER $170,000fromfull-time salaries to part-time salaries within the Virginia Aquarium Special Revenue fund re increased costs. 7. Resolution in SUPPORT of the Philippine Nurses Association of Virginia's petition to remove the Commission on Graduates of Foreign Nursing Schools' qualifying examination requirement in Virginia for those who successfully complete the NCLEX-RN as well as the Credentials Review and English Language proficiency examination. (Requested by Councilman Villanueva) Council Lady McClanan shall vote a VERBAL NAY on Item 17 (Graduates of Foreign Nursing Schools' ) May 27, 2008 - 5 - AGE N DA REV I E W S E S S ION ITEM # 57627 K.8. Application of SOUTHERN VIRGINIA BEACH PROPERTIES, L.L.Cfor a Change of Zoning District Classification from R-15 Residential District to Conditional R-10 Residential District at 4017, 4025, 4037, 4061 and 4105 Indian River Roadre developing 42 single-family residential lots. DISTRICT 1 - CENTERVILLE Council Lady Henley wished to express concerns during the Formal Session. ITEM# 57628 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Application of R. TIMOTHY, JR. and KIMBERLY W. TEPPER for the closure of a portion of an unimproved alley at 800 Surfs ide Avenue, Croatan Beach, re incorporating the right-of-way into their adjoining single-family residentiallot. DISTRICT 6 - BEACH 2. Variance to certain elements of the Subdivision Ordinance requiring all newly created lots meet the requirements of the City Zoning Ordinance (CZO), Subdivision for Mill Dam Landing Associates, L.L.C at 4949 Lookout Road (Lake Bradford and Chubb Lake) re subdividing three (3) existing lots into four (4) lots to develop a single-family dwelling on each of the newly created lots. DISTRICT 4 - BAYSIDE 3. Application of JONATHANS COVE HOMEOWNERS ASSOCIATION for a Conditional Use Permit re a community pier at 405 Behl Court. DISTRICT 2 - KEMPSVILLE 4. Application of T-MOBILE NORTHEAST, L.L.C for a Conditional Use Permit re a communication tower at 4863 Baxter Road. DISTRICT 2 - KEMPSVILLE 5. Application of NTELOS for a Conditional Use Permit re a communication tower at 5505 Parliament Drive. DISTRICT 2 - KEMPSVILLE 6. Application of NEW CINGULAR WIRELESS PCS, L.L.C. (tla AT&T) for a Conditional Use Permit re a communication tower at 6348 Colby Way. DISTRICT 1- CENTERVILLE May 27, 2008 I ,I - 6 - AGE N DA REV IE W S E S S ION ITEM # 57629 (Continued) 7. Applications of SEVEN CITIES DEVELOPMENT COMPANY, L.L.C. at North Landstown and Dam Neck Roads: DISTRICT 7 - PRINCESS ANNE a. Change of Zoning District Classification from AG-l Agricultural District to Conditional B-2 Community Business District b. Conditional Use Permit: indoor commercial recreation facility and recreational facilities of an outdoor nature 8. Application of ESI PROPERTIES, II, L.I. C. for a Modification of Conditions (approved by City Council on September 14, 2004) for ESI Properties and Kamerek Properties at 4417 Expressway Drive and 361, 365 and 369 Edwin Drive to allow an addition to the existing building. DISTRICT 3 - ROSE HALL 10. Ordinance to AMEND the City Zoning Ordinance (CZO), Section 1001, to ADD animal hospitals, veterinary establishments, pounds, shelters and commercial kennels as Conditional Uses in the 1-1 and 1-2 Industrial Districts. Item K.2. (Subdivision for Mill Dam Landing Associated) shall be WITHDRA WN Council Lady McClanan shall vote a VERBAL NAY on Item K.5. (NTELOS) May 27, 2008 I ,I - 7 - ITEM # 57630 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, Agencies and Appointees PUBLIC CONTRACT: discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. pursuant to Section 2.2-3711 (A) (30) Sportsplex/Indoor Sports Facility RFI Street improvements/private development - 3]'1 Street corridor ROSPECTlVE BUSIENSS OR INDUSTRY: Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in location or expanding its facilities in the community pursuant to Section 2.2-3711 (A)(5) 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). Western Branch dredging spoil site Acquisition of property -3rt Street improvements LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, 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 Verizon rate issue May 27, 2008 I ,I - 8 - ITEM # 57631 Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION at 1:25 P.M. Voting: 8-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, 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 Absent: Harry E. Diezel [Entered: 3: 05 P.M) Barbara M Henley [Left at 1:05 P.M to speak at Dare Program and returned 2:30 P.M) Rosemary Wilson [Family Vacation out of Country) (Closed Session: 1:25 P.M. - 5:30 P.M.) (Break: 3:20 - 3:200 P.M. -3:33 P.M. (Dinner: 5:30 P.M. - 5:55 P.M.) May 27, 2008 - 9 - FORMALSESSION VIRGINIA BEACH CITY COUNCIL May 27, 2008 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 27, 2008, at 6:00 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, and James L. Wood Council Members Absent: Rosemary Wilson [Family Vacation out of Country) INVOCA TION: Reverend Karl Sexton Senior Pastor Gateway Freewill Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial'') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 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. May 27, 2008 - 10 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 57632 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10--0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson May 27, 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 # 57630, Page 7, 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. NOfv, 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. -------__:.a~ _ e<..---'/ ~th Hodges Fraser, ;;~~- City Clerk May 27, 2008 I ,I - 11 - Item V-F.] ITEM # 57633 Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of May 13, 2008. Voting: 10--0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson May 27, 2008 I ,I - 12 - Item V-G. PRESENTATION ITEM 57634 Leonard Cooke, Director ~ Department of Criminal Justice Services, advised his Department is part of the Office of Public Safety and is responsible for funding, coordinating and regulating many of the criminal justice programs in Virginia. Mr. Cooke was in attendance with the Honorable Robert W. Mathieson, House of Delegates, and Rick Arrington, member of his staff, who oversees the Certified Crime Prevention Community Recertification. Mr. Cooke stated: "It is an honor to make this presentation." The Certified Crime Prevention Program was created in 1998 as a part of the Governor's new Partnership Commissionfor Community Safety. Virginia Beach was originally certified as one of the first two (2) communities in this one-ofa-kind program recognizing exemplary efforts by communities in the field of crime prevention. In order to be awarded re-certification, communities must undergo a rigorous examination by the Department of Criminal Justice Services Staff and the Criminal Justice Services Board of the nineteen (19) required elements reported on the original application to be awarded re-certification. Virginia Beach was the first of six (6) communities to achieve recertification. Mr. Leonard Cooke PRESENTED: CERTIFIED CRIME PREVENTION COMMUNITY RECERTIFICATION Police Chief A. M. Jacocks City of Virginia Beach May 27, 2008 Item V-H.] ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 13 - ITEM # 57635 AGENDA FOR THE FORMAL SESSION May 27, 2008 - 14 - Item V-J. ORDINANCES/RESOLUTION ITEM 57636 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items la/b, 2, 3, 4, 5, 6, and 7 of the CONSENT AGENDA. Voting: 10-0 (By ConsentO 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 and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson Council Lady McClanan voted a VERBAL NAY on Item J. 7 (Commission on Graduates of Foreign Nursing Schools.) May 27, 2008 I ,I - 15 - Item V-J.1.a.lb. ORDINANCES/RESOLUTION ITEM 57637 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to AMEND the City Code: a. Section 23-14 re disorderly conduct in public places b. Section 21-240 re reimbursement of expenses incurredfrom emergency responses Voting: 10-0 (By ConsentO 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 and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson May 27, 2008 II 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 SECTION 23-14 OF THE CITY CODE PERTAINING TO DISORDERLY CONDUCT IN PUBLIC PLACES SECTION AMENDED: S 23-14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-14 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 23-14. Disorderly conduct in public places. A. No person shall be charqed under this section if the offensive or disruptive conduct constitutes a violation under any other provision of this section or Title 18.2 of the Code of Virqinia. B. A person is guilty of disorderly conduct and a Class 1 misdemeanor if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (1) In any street, highway, or public building, or while in or on a public conveyance or in a public place, engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed; or (2) Willfully, or being intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts any meeting of the city councilor any department, division or agency thereof, or of any school, literary society or place of religious worship, if such disruption: (i) Prevents or interferes with the orderly conduct of the meeting; or (ii) Has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed; or (3) Willfully or while intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts the operation of any school or any activity conducted or sponsored by any school, if the disruption; (i) Prevents or interferes with the orderly conduct of the operation or activity; or (ii) Has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed. I 'I 47 However, the conduct prohibited under subsection (1), (2) or (3) shall not be 48 deemed to include the utterance or display of any words or to include conduct other\\'ise 49 made punishable under this chapter. 50 51 C. The person in charge of any such building, place, conveyance, meeting, 52 operation or activity may eject therefrom any person who violates any provision of this 53 section, with the aid, if necessary, of any persons who may be called upon for such 54 purpose. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 2ih day of May, 2008. I 'I 1 AN ORDINANCE TO AMEND SECTION 21- 2 240 OF THE CITY CODE PERTAINING TO 3 REIMBURSEMENT OF EXPENSES 4 INCURRED FROM EMERGENCY 5 RESPONSES 6 7 SECTION AMENDED: S 21-240 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 21-240 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 15 Sec. 21-240. Reimbursement for expenses incurred from emergency responses. 16 17 (a) Any person convicted of violating any of the following provisions of the 18 Code of Virginia, or any similar ordinance in the City Code, shall be liable in a separate 19 civil action for reasonable expenses incurred by the City of Virginia Beach or by any 20 volunteer rescue squad, or both, when providing a appropriate emergency response to 21 any accident or incident related to such violation. 22 23 (1) The provisions of Code of Virginia SS 18.2-51.4, 18.2-266~ ef 18.2-266.1. 24 29.1-78J738 or 29.1-738.02. when such operation of motor vehicle, engine, train or 25 watercraft while so impaired is the proximate cause of the accident or incident; 26 (2) The provisions of Article 7 (S 46.2-852 et seq.) of Chapter 8 of Title 46.2 27 relating to reckless driving, when such reckless driving is the proximate cause of the 28 accident or incident; 29 (3) The provisions of Article 1 (S 46.2-300 et seq.) of Chapter 3 of Title 46.2 30 relating to driving without a license or driving with a suspended or revoked license; and 31 (4) The provisions of Code of Virginia S 46.2-894 relating to improperly 32 leaving the scene of an accident. 33 34 (b) Personal liability under this Section for reasonable expenses of an 35 appropriate emergency response shall not exceed one thousand dollars ($1,000.00) in 36 the aggregate for a particular accident or incident. In determining the "reasonable 37 expenses" a flat fee of two hundred and fifty dollars ($250.00) may be billed, or a 38 minute-by-minute accounting of the actual cost incurred may be billed. 39 40 (c) As used in this Section, "appropriate emergency response" includes all 41 cost of providing law-enforcement, fire-fighting, rescue and emergency medical 42 services. 43 44 (d) The provIsions of this Section shall not preempt or limit any remedy 45 available to the Commonwealth, the City of Virginia Beach, or to any volunteer rescue 46 squad to recover the reasonable expenses of an emergency response to an accident or 47 incident not involving impaired driving operation of a vehicle or other conduct as set 48 forth herein. 49 Adopted by the City Council of the City of Virginia Beach, Virginia, on this --2-1-th day of Ma y , 2008. - 16 - Item V-J.1.c. ORDINANCES/RESOLUTION ITEM 57638 Thefollowing spoke in SUPPORT: Calvin Shiemann" City of Virginia Beach Agricultural Extension Center. Mr. Schiemann possesses, a Master's Degree in Animal Science, advised unless an animal is ill urine is a fairly sterile liquid. Relative bacteria, the heat of the sand could cause longer life; however, sand dries out fairly quickly, especially the top two inches. Horses will not be urinating as they walk "up and down" the beach and would occur around the coral areas. Natasha Clarke, 408 Hobart Avenue, Phone: 289-5470, Olde Virginia Carriage Company. Ms Clarke referenced correspondence in SUPPORT of the Ordinance: Resort Advisory Commission Virginia Beach Hotel-Motel Association, Virginia Beach Bikeway and Trail Advisory Committee and Minority Business Development. Said correspondence is hereby made a part of the record. This activity encourages a healthy, active lifestyle. Ijonly 1/10 of 1% of the potential overnight visitors choose Virginia Beach over another east coast destination, due to the attraction of horseback riding, this would account for approximately 3,000 more visitors and could equate to an approximate gross revenue of$600,000. Barry Foster, 408 Hobart Avenue, represented Old Virginia Carriage Company. Mr. Foster has fifteen (15) years experience with horses. The horses are desensitized. undergo a screening procedure and are heavy with a calm nature. Guy Liskey, lifelong resident of Virginia Beach, whose family owns several of the oceanfront hotels. Over the last several years, several of the Resort's family activities have been lost. Horseback riding at the beach is afresh new attraction. Captain Tony Zucaro, Commanding Officer - Second Police Precinct, advised the Police would be opposed to the "on season" activity of horses on the beach. This would require a modification to City Code Section 6-5(a) which strictly prohibits any animal on the resort beach during the "season". Council Lady Henley expressed concern and wished to be provided information by the Health Department. Data received indicates studies re bacterial indicators, particularly involvingfecal counts. Skip Scanlon, Director of Environmental Health will be researching the issue "horses on the beach during the swimming season". Upon motion by Councilman DeSteph, seconded by Councilman Dyer, City Council DEFERRED for two (2) weeks until the City Council Session of June 10,2008: Ordinances to AMEND the City Code: c. Section 6-12 re riding horses on the beach (Requested by Councilman DeSteph) Skip Scanlon, Director of Environmental Health, will be in attendance to address concerns. May 27, 2008 - 17 - Item V-J.J.c. ORDINANCES/RESOLUTION ITEM 57638 (Continued) Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel and Rosemary Wilson I ,I May 27, 2008 I ,I - 18 - Item V-J.2. ORDINANCES/RESOLUTION ITEM 57639 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND the FY 2007-08 and 2008-09 Operating Budgets of the Department of Housing and Neighborhood Preservation re transfers, appropriations and related changes to the City's HUD Housing Choice Voucher ("HCV") Agency Plan, Administrative Plan and Consolidated Plan. Voting: 10-0 (By ConsentO 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 and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson May 27, 2008 I ,I 1 AN ORDINANCE TO AMEND THE FY 2007-08 2 AND FY 2008-09 OPERATING BUDGETS OF 3 THE DEPARTMENT OF HOUSING AND 4 NEIGHBORHOOD PRESERVATION 5 6 WHEREAS, the Department of Housing and Neighborhood Preservation (DHNP) 7 has received federal funds pursuant to the Housing Choice Voucher ("HCV") program for 8 calendar year 2008; 9 1 0 WHEREAS, the federal HCV funds were granted based on the current calendar 11 year, but the City's budget for DHNP is based on fiscal years; 12 13 WHEREAS, DHNP recently learned that it will receive more federal funds and 14 program income from loan repayments that can be used for the HCV program than DHNP 15 had originally anticipated when it prepared its departmental budgets for FY 2007-08 16 ($128,749) and FY 2008-09 ($1,057,168); 17 18 WHEREAS, in response, DHNP has proposed modifications to its operating budgets 19 for FY 2007-08 and FY 2008-09, which also will necessitate changes to its HCV Agency 20 Plan, HCV Administrative Plan, and Consolidated Plan. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 (1) That the City Manager is authorized to adopt a revised HCV Agency Plan, 26 revised HCV Administrative Plan, and revised Consolidated Plan to carry out the actions 27 below. 28 29 F~caIYear200~08 30 31 (2) That $128,749 is hereby accepted from HUD Federal Section 8/HCV Program in 32 administrative funding, and is hereby appropriated to DHNP's FY 2007-08 Operating 33 Budget to fund rental subsidies for eligible residents, with estimated revenue increased 34 accordingly. 35 36 (3) That a new program is established under the HOME grant entitled, "Tenant 37 Based Rental Assistance Program" in the DHNP's FY 2007-08 Operating Budget. 38 39 (4) That $350,000 of HUD HOME grant funding for the home repair program is 40 hereby transferred to the Tenant Based Rental Assistance Program in the DHNP's FY 41 2007 -08 Operating Budget. 42 43 Fiscal Year 2008-09 44 45 (5) That $883,176 is hereby accepted from the HUD Federal Section 8/HCV 46 Program, and is hereby appropriated to the DHNP's FY 2008-09 Operating Budget to fund I ,I 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 rental subsidies for eligible residents, with estimated federal revenue increased accordingly. (6) That $66,434 is hereby accepted from the HUD Federal Section 8/HCV Program in administrative funding, and is hereby appropriated to the DHNP's FY 2008-09 Operating Budget to fund rental subsidies for eligible residents, with estimated federal revenue increased accordingly. (7) That $43,235 of HUD Federal Section 8/HCV administrative revenue from the fund balance of the Federal Section 8 Special Revenue fund is hereby appropriated to the DHNP's FY 2008-09 Operating Budget to support rental subsidies for eligible residents, with estimated revenue increased accordingly. (8) That $688,741 of HUD Federal Section 8/HCV funding from the fund balance of the Federal Section 8 Special Revenue fund is hereby reduced in the DHNP's FY 2008-09 Operating Budget, with estimated revenue reduced accordingly. (9) That $225,000 of HUD HOME grant funding for the home repair program is hereby transferred to the Tenant Based Rental Assistance Program in the DHNP's FY 2008-09 Operating Budget. (10) That $107,558 of HUD HOME grant program income from loan repayments is hereby appropriated to the Tenant Based Rental Assistance Program in the DHNP's FY 2008-09 Operating Budget, with estimated revenue increased accordingly. Adopted by the City Council of the City of Virginia Beach, Virginia on thi~7th day of May , 2008. Adoption requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -B~G ~ Management Services. ;e~ l- City Attorney's Office CA 10707 R-4 May 20,2008 I/) E nl .. Cl o .. Q, CD (,) I:: S I/) 'in I/) < ~ 5~ ;~ a:: I/) 5~ -;~ CD I:: .g~ ~-g g>~ ,..10 t!c CD nl 0.1:: OCD ",I- 0"0 . CD co "0 g g Nu.. ?L'i: ...."O~ 'i:~C9 CDCOUJ Eo:E .t:r-:,O uoJ: ~~"O <)-1:: u.. ~ I/) CD -Cl 'fi .:: ;j I/) 0 ;j> ~ ~ '0 '5 1:<3 ~g> t: 'in nl ;j 0.0 ~~ CD CO :5 g .: ~ Sl~ g><G ~ ~ o"g Clu.. 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ORDINANCES/RESOLUTION ITEM 57640 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to ACCEPT a donation of a generator from the Creeds Ruritan Club to the Virginia Beach Police Department Crime Prevention Unit re improving the quality of the "Every 15 Minutes" program. Voting: J 0-0 (By ConsentO 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 and James 1. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson May 27, 2008 I II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO ACCEPT A DONATION OF A GENERATOR WITH A SOUND SUPRESSION INVERTER FROM THE CREEDS RURITAN CLUB BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a donation of a 2,000 watt, Honda generator with a sound suppression inverter valued at approximately $916.00 (model number: EU20001AN; serial number: EAAJ1675018) from the Creeds Ruritan Club is hereby accepted. This generator will be used primarily by the Virginia Beach Police Department's Crime Prevention Unit during the "Every 15 Minutes" program presentations to local high schools. The City of Virginia Beach shall not be responsible for the replacement of this equipment. Adopted by the council of the City of Virginia Beach, Virginia, on the 27th day of May , 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~.r //l(~r~ , Police Department CA 10698 R-3 May 13, 2008 II - 20- Item V-J.4. ORDINANCES/RESOLUTION ITEM 57641 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $18,300 from the Department of Public Health to the Police Department's FY 2008-09 Operating Budget re the purchase of a laptop computer and satellite phones Voting: 10-0 (By ConsentO 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 and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson May 27, 2008 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $18,300 2 FROM THE VIRGINIA DEPARTMENT OF PUBLIC HEALTH 3 TO THE POLICE DEPARTMENT'S FY 2007-08 OPERATING 4 BUDGET FOR THE PURCHASE OF A LAPTOP COMPUTER 5 AND SATELLITE PHONES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $18,300 is hereby accepted from the Virginia Health Department and 11 appropriated to the Police Department's FY 2007-08 Operating Budget for the purchase of 12 a laptop computer and satellite phones with state revenue increased accordingly. 13 14 Adopted the by the Council of the City of Virginia Beach, Virginia, 2.l.t.h day of 15 Hay' 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: j) W Q. ~ CA 10706 R-1 May 14, 2008 - 21 - Item V-J.5. ORDINANCES/RESOLUTION ITEM 57642 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to APPROPRIATE $1,085,000 in the fund balance designated for Mental Health to the FY 2007-08 Department of Human Services Operating Budget to purchase housing services from the Virginia Beach Community Development Corporation (VBCDC). Voting: 10-0 (By ConsentO 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 and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson May 27, 2008 1 AN ORDINANCE TO APPROPRIATE $1,085,000 IN FUND 2 BALANCE TO THE FY 2007-08 DEPARTMENT OF HUMAN 3 SERVICES OPERATING BUDGET TO PURCHASE 4 HOUSING SERVICES 5 6 WHEREAS, when the Mental Health Special Revenue Fund was eliminated 7 in FY 2004-05, its remaining fund balance was transferred to the fund balance from the 8 General Fund and was reserved to support one-time needs of the Human Services 9 department. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA: 13 14 That the FY 2007-08 Department of Human Services Operating Budget is 15 amended for the purposes and amounts set forth below: 16 17 1. That $1,085,000 in fund balance from the General Fund designated for 18 Mental Health is hereby appropriated to provide housing services to disabled adults; and 19 20 2. That the City Manager is hereby authorized to sign a contract to purchase 21 housing services from the Virginia Beach Community Development Corporation in a form 22 approved by the City Attorney. 23 24 Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th 25 day of May ,2008. 26 27 Requires an affirmative vote by a majority of the members of City Council. Approved As to Content: Approved As To Legal Sufficiency: ~l~ City ttorney's Office CA 10690 R-1 April 21,2008 - 22- Item V-J. 6. ORDINANCES/RESOLUTION ITEM 57643 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to TRANSFER $170,000 from full-time salaries to part-time salaries within the Virginia Aquarium Special Revenue fund re increased costs. Voting: 10-0 (By ConsentO 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 and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson May 27, 2008 1 AN ORDINANCE TO TRANSFER $170,000 FROM 2 FULL-TIME SALARIES TO PART-TIME SALARIES 3 WITHIN THE VIRGINIA AQUARIUM SPECIAL 4 REVENUE FUND TO COVER INCREASED COSTS 5 6 7 WHEREAS, the Virginia Aquarium and Marine Science Center uses part-time 8 labor for a variety of functions; and 9 10 WHEREAS, the Aquarium Special Revenue Fund has the required funding to 11 transfer from full-time salary accounts to part-time salary accounts; and 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the FY 2007-08 Virginia Aquarium Special Revenue Fund is hereby 17 amended as set forth below: 18 19 1. $170,000 is hereby transferred within the FY 2007-08 Operating Budget of 20 the Virginia Aquarium Special Revenue Fund to cover increased personnel costs. 21 22 2. That part-time FTEs (full-time equivalents) are hereby increased by 3.0 for 23 FY 2007-08 only. 24 25 Adopted by the Council of the City of Virginia Beach, Virginia on the 27th day 26 of Ma y , 2008. Approved as to Content: Approved as to Legal Sufficiency: ~-',./j:l)r CA 10705 R-2 May 15, 2008 - 23 - Item V-J. 7. ORDINANCES/RESOLUTION ITEM 57644 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution in SUPPORT of the Philippine Nurses Association of Virginia's petition to remove the Commission on Graduates of Foreign Nursing Schools' qualifying examination requirement in Virginia for those who successfully complete the NCLEX-RN as well as the Credentials Review and English Language proficiency examination. (Requested by Councilman Villanueva) Voting: 9-1 (By ConsentO Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer. Barbara M Henley, Vice Mayor Louis R. Jones, . Mayor Meyera E. Oberndorf. John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Rosemary Wilson May 27, 2008 , 'I Requested by Councilmember Villanueva 1 A RESOLUTION IN SUPPORT OF REMOVING THE 2 COMMISSION ON GRADUATES OF FOREIGN 3 NURSING SCHOOLS QUALlFIYING EXAMINATION 4 REQUIREMENT IN VIRGINIA 5 6 WHEREAS, the United States is in the midst of a nursing shortage that is 7 expected to intensify as baby boomers age and the need for health care grows; 8 9 WHEREAS, according to the Virginia Nurses Association, by 2015, the number 10 of Registered Nurses (URNs") leaving the workforce in Virginia is expected to exceed the 11 number of new RN graduates due to the aging RN workforce, and by 2020, the 12 association estimates that one in three Virginians will not be able to obtain needed 13 healthcare because of the nursing shortage; 14 15 WHEREAS, Virginia currently ranks 40th in the nation in per capita supply of 16 nurses, despite that fact that Virginia ranks 11th in per capita income; 17 18 WHEREAS, a statewide nursing shortage would jeopardize the availability of 19 quality medical care in the City of Virginia Beach; 20 21 WHEREAS, qualified, experienced, and well-trained nurses in other countries, 22 such as the Philippines, are eager to help alleviate the shortage, but they face 23 substantial hurdles imposed by Virginia's certification requirements; 24 25 WHEREAS, in Virginia, the Commission on Graduates of Foreign Nursing 26 Schools (UCGFNS") certification process is comprised of three parts: (1) a credentials 27 review; (2) an English Language Proficiency Examination; and (3) a Qualifying 28 Examination of Nursing Knowledge; 29 30 WHEREAS, the National Council of State Boards of Nursing's National Council 31 Licensing Examination-Registered Nurse (UNCLEX-RN") sufficiently tests the 32 knowledge, skills, and abilities essential to the safe and effective practice of nursing at 33 the entry level; 34 35 WHEREAS, the National Council of State Boards of Nursing has approved 36 eighteen sites in eleven countries, including the Philippines, as NCLEX-RN international 37 testing sites; 38 39 WHEREAS, twenty-two states have removed the Qualifying Examination of 40 Nursing Knowledge as a part of their nursing certification process for those applicants 41 eligible to take the NCLEX-RN in their countries of origin; 42 43 WHEREAS, the Philippine Nurses Association of Virginia is urging the state 44 Board of Nursing to remove the CGFNS Qualifying Examination of Nursing Knowledge 45 for those applicants eligible to take the NCLEX-RN in their home country; 46 47 WHEREAS, under this proposal, applicants would continue to be required to 48 successfully complete the Credentials Review, the English Language Proficiency 49 Examination, in addition to the NCLEX-RN; and 50 51 WHEREAS, this change would enhance the supply of qualified nurses in Virginia 52 without adversely impacting the quality of care provided by those nurses; 53 54 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 55 VIRGINIA BEACH, VIRGINIA: 56 57 That the City Council supports the Philippine Nurses Association of Virginia's 58 petition to remove the Commission on Graduates of Foreign Nursing Schools' 59 Qualifying Examination in Virginia for those applicants who successfully complete the 60 NCLEX-RN, as well as the Credentials Review and English Language Proficiency 61 Examination. 62 63 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 64 BEACH, VIRGINIA: 65 66 That the City Clerk is hereby directed to transmit a copy of this resolution to the 67 state Board of Nursing. 68 69 Adopted by the City Council of the City of Virginia Beach, Virginia, this 27th 70 day of Ma v , 2008. APPROVED AS TO LEGAL SUFFICIENCY: ~~ City Attorney's Offi{j- CA10621 R-1 February 2,2008 , ,I - 24- V-K. PLANNING ITEM 57645 1. R. TIMOTHY, JR. and KIMBERLY W. TEPPER STREET CLOSURE 2. SUBDIVISION FOR MILL LANDING VARIANCE ASSOCIA TES, L.L. C. 3. JONATHANS COVE HOMEOWNERS CONDITIONAL USE PERMIT ASSOCIA TION 4. T-MOBILE NORTHEAST, L.L.C. CONDITIONAL USE PERMIT 5. NTELOS CONDITIONAL USE PERMIT 6. NEW CINGULAR WIRELESS PCS, L.L.c. CONDITIONAL USE PERMIT (t/a AT & T) 7. SEVEN CITIES DEVELOPMENT COMPANY, L.L.C. CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 8. SOUTHERN VIRGINIA BEACH PROPERTIES, L.L.c. CONDITOINAL CHANGE OF ZONING 9. ESI PROPERTIES, II, L.L.c. MODIFICATION OF CONDITIONS (Approved 9/14/2004} for ESI Properties and Kamerek Properties 10. CITY ZONING ORDINANCE AMEND, Section 1001, to ADD animal Hospitals, veterinary establishments, pounds, shelters, commercial kennels as Conditional Uses in 1-1/1-2 May 27, 2008 I ,I - 25 - Item V-K. ITEM 57646 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, Items 1,2 (WITHDRAWN), 3, 4, 5, 6,7 and 9 of the PLANNING BY CONSENT AGENDA Item K.2. Subdivisionfor Mill Dam Landing Associates, L.L.C.) was WITHDRAWN, BY CONSENT Voting: 10-0 (By ConsentO 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 and James 1. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson Council Lady McClanan voted a VERBAL NAY on Item 5 (NTELOS) May 27, 2008 - 26- Item V-K.J. ITEM 57647 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of R. TIMOTHY, JR. and KIMBERLY W. TEPPERfor the closure of a portion of an unimproved alley at 800 Surfside Avenue, Croatan Beach, re incorporating the right-ofway into their adjoining singlejamily residential lot. ORDINANCE UPON APPLICATION OF R. TIMOTHY. JR. AND KIMBERLY W TEPPER IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN UNIMPROVED ALLEY Ordinance upon application of R. TIMOTHY. JR. and KIMBERLY W TEPPER In the matter of closing, vacating and discontinuing a portion of that certain unimproved alley designated as the cross-hatched area and described as "Indicates Portion of Alley to be Closed (375 sq. jt./0.009 acres)" as shown on that certain plat entitled "STREET CLOSURE PLAT PORTION OF 15' ALLEY ADJACENT TO LOT 10 BLOCK 13 CROATAN BEACH ME. 24 P. 37, VIRGINIA BEACH, VIRGINIA" DISTRICT 6 - BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlyingfee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures" approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a drainage easement over the closed portion of the alley to the City of Virginia Beach subject to the approval of the Department of Public Works and the City Attorney's office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-ofway proposedfor closure. Preliminary comments from the utility companies indicate that there are private utilities within the right-of way proposed for closure. If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 4. Closure of the right-ofway shall be contingent upon compliance with the above stated conditions within 365 days of approval (May 26, 2009) by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of way, this approval shall be considered null and void. May 27, 2008 Item V-K.I. PLANNING Voting: - 27- ITEM 57647 (Continued) 10-0 (By ConsentO 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 and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson I ,I May 27, 2008 I ,I 1 IN THE MATTER OF CLOSING, VACATING AND 2 DISCONTINUING A PORTION OF THAT CERTAIN 3 UNIMPROVED ALLEY DESIGNATED AS THE 4 CROSS-HATCHED AREA AND DESCRIBED AS 5 "INDICATES PORTION OF ALLEY TO BE CLOSED 6 (375 Sa.FT./0.009 ACRES)" AS SHOWN ON THAT 7 CERTAIN PLAT ENTITLED "STREET CLOSURE 8 PLAT PORTION OF 15' ALLEY ADJACENT TO LOT 9 10, BLOCK 13 CROATAN BEACH M.B. 24 P.37, 10 VIRGINIA BEACH, VIRGINIA". DISTRICT 6 - 11 BEACH. 12 13 WHEREAS, R. Timothy Tepper, Jr. and Kimberly W. Tepper (the 14 "Applicants") applied to the Council of the City of Virginia Beach, Virginia, to have the 15 hereinafter described alley discontinued, closed, and vacated; and 16 17 WHEREAS, it is the judgment of the Council that said street be 18 discontinued, closed, and vacated, subject to certain conditions having been met on or 19 before one (1) year from City Council's adoption of this Ordinance; 20 21 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 22 Virginia Beach, Virginia: 23 24 SECTION I 25 26 That the hereinafter described alley be discontinued, closed and vacated, 27 subject to certain conditions being met on or before one (1) year from City Council's 28 adoption of this ordinance: 29 30 All that certain piece or parcel of land situate, lying and being 31 in the City of Virginia Beach, Virginia, designated and 32 described as "Indicates Portion of Alley to be closed 375 sq. 33 ft./0.009 acres)" shown as the cross-hatched area on that 34 certain plat entitled: "STREET CLOSURE PLAT PORTION 35 OF 15' ALLEY ADJACENT TO LOT 10 BLOCK 13 36 CROATAN BEACH M.B. 24 P. 37, VIRGINIA BEACH, 37 VIRGINIA" Scale: 1"=20', dated February 5, 2008, prepared 38 by Gallup Surveyors & Engineers, LTD., a copy of which is 39 attached hereto as Exhibit A. 40 41 42 43 44 GPIN: 2426-37-4897 1 I ,I 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be 52 determined according to the "Policy Regarding Purchase of City's Interest in Streets 53 Pursuant to Street Closures," approved by City Council. Copies of said policy are 54 available in the Planning Department. 55 56 2. The applicant shall resubdivide the property and vacate internal lot 57 lines to incorporate the closed area into the adjoining parcels. The resubdivision plat 58 shall be submitted and approved for recordation prior to final street closure approval. 59 Said plat must include the dedication of a drainage easement over the closed portion of 60 the alley to the City of Virginia Beach, subject to the approval of the Department of 61 Public Works and the City Attorney's office, which easement shall include a right of 62 reasonable ingress and egress. 63 64 3. The applicant shall verify that no private utilities exist within the right-of- 65 way proposed for closure. Preliminary comments from the utility companies indicate 66 that there are private utilities within the right-of-way proposed for closure. If private 67 utilities do exist, the applicant shall provide easements satisfactory to the utility 68 companies. 69 70 4. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before May 26, 79 2009, this Ordinance will be deemed null and void without further action by the City 80 Council. 81 82 2. If all conditions are met on or before May 26, 2009, the date of final 83 closure is the date the street closure ordinance is recorded by the City Attorney. 84 85 3. In the event the City of Virginia Beach has any interest in the 86 underlying fee, the City Manager or his designee is authorized to execute whatever 87 documents, if any, that may be requested to convey such interest, provided said 88 documents are approved by the City Attorney's Office. 2 89 SECTION IV 90 91 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 92 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 93 OF VIRGINIA BEACH as "Grantor" and R. TIMOTHY TEPPER, JR. AND KIMBERLY 94 W. TEPPER as "Grantees." 95 96 Adopted by the Council of the City of Virginia Beach, Virginia, on this 97 17t-h day of M;:!y ,2008. CA-10556 \ \vbgov .com\dfs 1 \applications\citylawprod\cycom 32\Wpdocs\D029\P003\00050492. DOC R-1 April 1 0, 2008 APPROVED AS TO LEGAL SUFFICIENCY: Lu aN Od VtA viA-' ovJ City Attorney 3 1")(H. \1311' p... (Lt -d tt 'If~) <IN}J .Og) 3!\'V aN'fV-}J'iV'\ ~ ?A ~ o -;:;;fTl ~~ 1"~~ ",'" ...... ..~z J.)1<C ... .fJl ~..)r ~ t'Ui o~ z o t~ <f;%. ~ ~ 1i 'tb ~.~ \ V..... 10 ';g .... %~~'i~ 2~';:'~ ~"''<:iOa ~ \?'" ~ .:; i>> 't~ :" \:l (",\0,),0<; LO' to. ....,....'ii'i S ,00-00\ -- ~ "..,0 r-J>- \!!!I' -\ ~~~ ~ -p (J) 'dfJl -"'')'" ~ ,PO'GO' (I010l),0'i'LO\ ) ,;St...t.'ii'i N ;0 -. .3 ~ ill ~td " \:: \ ~u;_ \ ......~ \ b"';:: \ . v' .('f'\ g~-<. i<' !" ....- ~<!> :0 'd "'- ~- .. ~ o. ~. o~ M w,~ (;) 2 \~ 0 ....~ ~ 1I'!Ol, ~". ?~ "<; S '" ~ !. ~ ~ <1 ... ~<l g ~. ~ '0;0 i '1'''1( 'S. ~ ~' ~WI '" ~ o ,..:::14 ;<: ')> J: ~\!!Cz:~O 10 '!' V;\ ... :)o:8i?tb~b h >> 'Z 7' -" ~ .,.,. tIl ;r:. J> tD"-O""'wC \; 5~ fTl~ a-;Q -:0 ~ ,.. \"f\ ~ 9 ~ ~~ ~~,.. .. " ~ .... '<~ ~ 1;. ~ !" ,.. -\ F l Ii %. ( ( ~... I ,I - 28 - Item V-K.2. ITEM 57648 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ALLOWED WITHDRAWAL of a Variance to certain elements of the Subdivision Ordinance requiring all newly created lots meet the requirements of the City Zoning Ordinance (CZO), Subdivision for Mill Dam Landing Associates, L.L.c. at 4949 Lookout Road (Lake Bradford and Chubb Lake) re subdividing three (3) existing lots into four (4) lots to develop 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 Mill Dam Landing Associates, L.L.c. Property is located at 4949 Lookout Road (GPINs 1570329366; 1570420587; 1570420690). DISTRICT 4 - BA YSIDE Voting: 10-0 (By ConsentO 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. OberndorJ, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson May 27, 2008 I ,I - 29- Item V-K.3. ITEM 57649 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, an Ordinance upon application of JONATHANS COVE HOMEOWNERS ASSOCIATION for a Conditional Use Permit re a community pier at 405 Behl Court. DISTRICT 2 - KEMPSVILLE ORDINANCE UPON APPLICATION OF JONATHANS COVE HOMEOWNERS ASSOCIATION FOR A CONDITIONAL USE PERMIT FOR A COMMUNITY PIER R050835270 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Jonathans Cove Homeowners Association for a Conditional Use Permit for a community pier on property located at 405 Behl Court (GPIN 1457300378). DISTRICT 2- KEMPSVILLE The following conditions shall be required: 1. The location of the community boat dock shall be limited to 405 Behl Court, and shall be constructed in substantial conformance with the conceptual plan entitled "SITE PLAN for Jonathans Cove (HOA), 405 Behl Court, Virginia Beach, VA 23464" prepared by Richard T. Bartlett, P.E., dated 12/17/07, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The use of the community boat dock shall be limited to the residents and guests of the Jonathans Cove neighborhood. The property, identified in Condition 1 above, shall be maintained and kept free of debris and trash by the homeowners' association and/or the residents of Jonathans Cove. 3. No commercial use of the boat dock shall be permitted. 4. The boat dock is subject to all applicable federal, state and local rules and regulations. All permits required under such rules and regulations shall be obtained prior to construction and use of the dock. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of May Two Thousand Eight May 27, 2008 - 30 - Item V-X3. ITEM 57649 (Continued) Voting: 10-0 (By ConsentO 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 and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson May 27, 2008 - 31 - Item V-K4. ITEM 57650 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of T-MOBILE NORTHEAST, L.L.C for a Conditional Use Permit re a communication tower: ORDINANCE UPON APPLICATION OF T-MOBILE NORTHEAST, L.L.c. FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER R050835271 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of T-Mobile Northeast, L.L.c. for a Conditional Use Permit for a communication tower on property located at 4863 Baxter Road (GPIN 1476172849). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. When developed and installed, the antennas shall be in substantial conformance with the antenna depicted on the plans entitled "T-Mobile Northeast, LLC "Allsafe Self Storage RL" Transmission Tower" VA50501A dated 2/23/07, prepared by Atlantis Group, Inc. 2. The tower shall be limited in height to 140 feet. In no instance shall the antennas be installed higher than the existing 140-foot high transmission tower. 3. The applicant shall install either a black vinyl-coated chain-link fence or a solid wood privacy fence around the proposed telecommunication tower and/or ground equipment depicted on the final site plan with final approval at the discretion of the Planning Director. No barbed wire shall be permitted. Landscaping around the tower shall comply with the City of Virginia Beach requirements. 4. No signs indicating the location of this facility are allowed. 5. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities shall be provided prior to site plan approval for the tower and all subsequent users. 6, In the event interference with any City of Virginia Beach emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 7. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. May 27,2008 - 32 - Item V-K.4. ITEM 57650 (Continued) PLANNING 8. Should the antennas cease to be used for a period of more than one (1) year, the applicant shall remove the antennas and related equipment. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of May Two Thousand Eight Voting: 10-0 (By ConsentO 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 and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson May 27, 2008 - 33 - Item V-K.5. ITEM 57651 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of NTELOS for a Conditional Use Permit re a communication tower at 5505 Parliament Drive. ORDINANCE UPON APPLICATION OF NTELOS FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER R050835272 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NTELOS for a Conditional Use Permit for a communication tower on property located at 5505 Parliament Drive (GPIN 1467239352). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. When installed. the antennas shall be in substantial conformance with the antennas depicted on the plan entitled "Telecommunications Facility Newtown Transmission Tower" dated 1/26/08, prepared by TECTONIC Engineering Consultants, P.e. 2. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the plan, described in Condition 1 and a structural report is submittedfrom a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. 3. In no instance shall the antennas be installed higher than the existing 116-foot high transmission tower. 4. In addition to the landscaping depicted on the Plan identified above in Condition 1, a second hedge, consisting of evergreen shrubs planted at four (4) feet on center, shall be planted along the eastern property line. 5. Any fence and gate introduced around the proposed telecommunication tower and/or ground equipment shall be a solid wood privacy fence with a minimum height of six (6) feet and must be depicted on the final site plan, withfinal approval at the discretion of the Planning Director. 6. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities shall be provided prior to site plan approval for the tower and all subsequent users. 7. In the event interference with any City emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. Jf the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. May 27, 2008 - 34 - Item V-K.5. ITEM 57651 (Continued) PLANNING 8. Should the antennas cease to be usedfor a period of more than one (I) year, the applicant shall remove the antennas and related equipment. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of May Two Thousand Eight Voting: 9-1 (By ConsentO Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Rosemary Wilson May 27, 2008 I ,I - 35 - Item V-K.6. ITEM 57652 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of NEW CINGULAR WIRELESS PCS, L.L.e. (tla AT&T) for a Conditional Use Permit re a communication tower at 6348 Colby Way. ORDINANCE UPON APPLICATION OF NEW CINGULAR WIRELESS PCS, L.L.c. (TIA AT&T) FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER R050835273 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of New Cingular Wireless PCS, L.L.c. (tla AT&T) for a Conditional Use Permit for a communication tower on property located at 6348 Colby Way (GPIN 1455299907). DISTRICT 1 - CENTERVILLE The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted development plans entitled "AT & T; Site Name: NF343D; Site Number: 1641 College Park; Site Address: 6348 Colby Way, Virginia Beach, VA 23464 ", prepared by Allpro Consulting Group and last revised February 1, 2008. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Department of Planning. 2. The proposed location of the antennas on the tower shall not exceed.J.J.J 123-feet. 3. Unless a waiver is obtainedfrom the City of Virginia Beach Department of Communications and Information Technology (COMIT), a Radio Frequency Emissions (RF) study, conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the original tower and for all subsequent users 4:- In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall cease operation to the extent necessary to stop the interference. 5. The applicant will work with the Public Works Department and the Development Services Center to develop an appropriate easement for ingress and egress planned to this site. A plat depicting the 12-foot maintenance easement for access to the lease area shall be recorded in the Clerk of the Circuit Court Office. 6. In addition to the landscaping depicted on the Plan identified above in Condition 1, a second row of evergreen trees with a minimum caliper of one and three-fourths (1 %) inches at the time of planting and spaced not more than twenty-jive (25) feet apart, shall be provided within fifteen (15) feet of all property lines north of the dwelling located on the property. In special cases, including cases where a required tree would be closer to the tower or to any guy wire supporting the tower than the height of the tree at maturity, the applicant may present a plan that accomplishes the same degree of screening achieved by the above conditions. May 27, 2008 I ,II - 36 - Item V-K.6. ITEM 57652 (Continued) PLANNING 7. Any fencing introduced around the proposed telecommunication tower and/or ground equipment shall be either a black vinyl-coated chain-link fence or a solid wood privacy fence and must be depicted on the final site plan withfinal approval at the discretion of the Planning Director. 8. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the submitted plan in the plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of May Two Thousand Eight Voting: 10-0 (By ConsentO 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 and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson May 27, 2008 I ,I - 37 - Item V-K.7. ITEM 57653 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinances upon application of SEVEN CITIES DEVELOPMENT COMPANY, L.L.c. FOR A Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF SEVEN CITIES DEVELOPMENT COMPANY, L.L.c., CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AGRICULTURAL DISTRICT TO CONDITIONAL B-2 COMMUNITY BUSINESS DISTRICT AND CONDITIONAL USE PERMIT FOR AN INDOOR COMMERCIAL RECREATION FACILITY AND RECREATIONAL FACILITIES OF AN OUTDOOR NATURE Z05081213 R050835274 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Seven Cities Development Company, L.L.c., Chanf!e ofZoninf! District Classiiicationfrom AG-1 Agricultural District to Conditional B-2 Community Business District and Conditional Use Permit for an indoor commercial recreation facility and recreational facilities of an outdoor nature. Property located at the northeast intersection of North Landstown Road and Dam Neck Road (GPIN 1484792426 - part of). DISTRICT 7 - PRINCESS ANNE. The Conditional Change of Zoning shall be subject to:: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. Conditional Use Permit for an indoor commercial recreation facility and recreational facilities of an outdoor nature, shall be subject to 1. A Traffic Impact Study (TIS) shall be required at the time of the submission ofsite plans to the Development Services Center for the construction of the second building and related site improvements. 2. Mechanical equipment located adjacent to any structure on the site shall be screened with an appropriate structure, fence and/or landscaping. Any mechanical equipment located on the top of any structures on the property shall be enclosed on four sides with appropriately sized parapet walls to screen the equipment. 3. All exterior trash dumpster areas shall be screened utilizing materials such as brick, pre-cast block or other materials compatible with the building materials utilized on the primary structures on the site. 4. All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or photometric diagram plan shall be submitted with any submitted site plan for review by City staff. The lighting plan shall include the height of poles located in the parking lots along with the location of all pole-mounted and building-mounted lighting fixtures. The plan shall also list type. wattage andfixture-type. Lighting shall be uniform throughout the parking area and shall minimize reflection or glare toward properties and streets outside the site. May 27, 2008 I ,I - 38 - Item V-K.7. ITEM 57653 (Continued) PLANNING 5. The overall architectural, site and landscape design of the property shall be subject to the Design Guidelines for Princess Anne Commons ("Guidelines "), which are on file with the Planning Department of the City of Virginia Beach. The Guidelines shall act as development criteriafor this site. Architectural, site and landscape plans for each component of the development shall be submitted to the Director of Planning or his designee to insure consistency of the design with the Guidelines. These Ordinances shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of May Two Thousand Eight Voting: 10-0 (By ConsentO 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 and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson May 27. 2008 I ,I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7047 FROM: Leslie L. Lilley B. Kay WilSOP DATE: May 16, 2008 DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application; Seven Cities Development Company, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 27, 2008. I have reviewed the subject proffer agreement, dated April 29, 2008 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/bm Enclosure ce: Kat~en ,II II Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT is made as of this 29th day of April, 2008, by and between VIRGINIA BEACH DEVELOPMENT AUTHORITY. a political subdivision of the Commonwealth of Virginia ("VBDA", to be indexed as grantor), the current owner of that certain property located in the City of Virginia Beach, as more particularly described below; SEVEN CITIES DEVELOPMENT COMPANY. LLC, a Virginia limited liability company ("Seven Cities", to be indexed as grantor), the contract purchaser of the property (hereinafter referred to collectively as the "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WIT N E SSE T H: WHEREAS, VBDA is the current owner, and Seven Cities the contract purchaser of that certain property located in the City of Virginia Beach, Virginia identified as a portion of GPIN 1484 - 79 - 2426, as more particularly described legal description attached hereto and incorporated herein by reference as Exhibit A (the "Property"); and WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from AG-1 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development ofland for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said GPIN NO.: a portion of 1484 - 79 - 2426 II II amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Grantors shall restrict the principal uses on the Property to office, recreational facilities of an outdoor nature, and recreational facilities of an indoor nature. 2. The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Landmark Design Group, entitled "Preliminary Site Plan, Seven Cities Sports, Virginia Beach", dated January 31, 2008, and revised on March 14, 2008 and April 14, 2008 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. The first facility constructed on the Property shall be the indoor sports facility, which shall be built in substantial conformity with the conceptual building renderings prepared by Lyall Design Architects, entitled "Proposed Renderings for Seven Cities Sports Complex, Virginia Beach, Virginia", dated April 21, 2008 (the "Renderings"), copies of which are on file with the Department of Planning and have been exhibited to the City Council. The indoor sports facility shall also be built in substantial conformity with the conceptual building elevations 2 prepared by Lyall Design Architects, entitled "Proposed Elevations for Seven Cities Sports Complex, Virginia Beach, Virginia", dated April 21,2008, which consist of two (2) sheets (the "Elevations"), copies of which are on file with the Department of Planning and have been exhibited to the City Council. 4. Any additional building(s) constructed on the Property shall be designed in a manner complimentary with the indoor sports facility and the Princess Anne Commons Design Guidelines. In addition, any additional buildings shall be constructed with the same or comparable quality of building materials used for the indoor sports facility. 5. The uses conducted on the Property shall be consistent with the concept of an "athletic village" containing facilities to accommodate the full range of sports skills instruction, sports training, sports therapy, wellness training and conditioning, and various degrees of sports- oriented medicine, which are predominantly oriented toward those who have, or might in the future, avail themselves of the facilities located throughout Princess Anne Commons and the athletic village. 6. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. 3 ,I i Upon acquisition of the Property by Seven Cities, Seven Cities shall succeed to all rights and obligations of the "Grantors" under this Agreement, and the VBDA shall have no further rights or obligations of a "Grantor" under this Agreement. [Remainder of page intentionally left blank. Signature page to follow] 4 II II IN WITNESS WHEREOF, the undersigned Grantors execute this Agreement as of the date first written above. GRANTOR: VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia By: .~.....(~ v~ Name: 'DOf\<< 1 cA \ h'~ Title: Clri:u n'\"\Cl '^ COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this Zq' day of ffpn '/ , 2008, by -Donald. \I .T~lh~ ' who is personally known to !lIe or has produced as identification in his capacity as th1..l~ of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia. ~fA- 0 - 'Jjf\ ~/~ -. '- '. . . Notary Public . ( ,.; "" -' My Commission Expires: ,\ ~ 1\ Registration No. -:roC) ~9 ~(1 ... ". " ." .:,.:- .~ . .. "I ~.: ' [NOTARIAL SEAUSTAMP] 354884 5 I I GRANTOR: SEVEN CITIES DEVELOPMENT COMPANY, LLC, a Virginia limited liability company By: Name: Title: ~ e J4-( -r;- fr\ Ofh'( (<.. H~ I fYlGnO\jt. .... COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: tBJElFERlIM1.YlIfOMlO II. The foregoing instrument was acknowledged before me this a day of Ap-;I , 2008, by T~~ ~l ' who is personally known to me or has produced as identification in his capacity as mtli\tl~f'( of Seven Cities Development Company, LLC, a Virginia limited liability company, 0 behalf of the company. ............ ~.....~~\~\iBRED..s.""11. !I&- ""'\' ........ ~~~. ~ ~'t-......:...~y Pl/;:'.."1',," ~ I.;:, .. "r 'IT.... . ~ . . ~..o '....:..<;:::: ~ · ('1....... .U. .en- : : COMMISSION: : : (') \ NUMBER : ;$ : \ ~... 267~97 l~: . ~-'.. ..~ ~ ~,-'Q -. .. ~ ~ "'I. ~..~........~~ ,," ',,;;YEAl'T\"\ 0 ........ .,........... My Commission Expires: CwntNa~ NOfNW PlRIC ConImonweaIIh m \1rgInIa Mr CornInissb. &phs MrfO Registration No. 2"'tQ7 [NOTARIAL SEAUST AMP] 6 I I I iI Exhibit A Legal Description ALL THAT certain piece or parcel of land located in the City of Virginia Beach, Virginia, being more particularly described as follows: BEGINNING at a concrete monument lying at the intersection of the northerly right of way line of Landstown Road and the easterly right of way line of Dam Neck Road (formerly Elbow Road); thence with the said easterly right of way line of Dam Neck Road North twenty-three degrees ten minutes thirty-four seconds East (N23U 10' 34"E), a distance of one hundred sixty- four and 65/100 (164.65) feet to an iron pin; thence along a curve to the right having a radius of one thousand five hundred fifty and 50/100 (1550.50) feet, and an arc length of one hundred eighty-one and 31/100 (181.31) feet, delta angle of six degrees twenty four minutes zero seconds (06U24'00"), chord bearing of North twenty six degrees thirty one minutes thirty four seconds East (N26U31 '34"E), and a chord length of one hundred eighty one and 21/100 (181.21) feet to an iron pin; thence departing the aforesaid easterly right of way line of Dam Neck Road North seventy four degrees fifty six minutes forty seven seconds West (N74U56'47"W), a distance of four hundred eighty six and 3 5/100 (486.3 5) feet to an iron pin lying on the westerly right of way line of Recreation Drive; thence with the said westerly right of way line of Recreation Drive South nine degrees thirty-one minutes six seconds East (S09U 31' 06"E), a distance of eight hundred twenty-eight and 11/100 (828.11) feet to a concrete monument lying at the intersection of the westerly right of way line of Recreation Drive and the aforementioned northerly right of way line of Landstown Road; thence with the said northerly right of way line of Landstown Road along a curve to the left having a radius of one thousand two hundred sixty-two and 50/1 00 (1262.50) feet, an arc length of seven hundred eighty-three and 03/100 (783.03) feet; delta angle of thirty five degrees thirty two minutes eleven seconds (35U32' 11 "), chord bearing of South forty nine degrees three minutes twenty one seconds East (S49U03 '21 "E), and a chord length of seven hundred seventy and 54/100 (770.54) feet to a concrete monument; thence North sixty-six degrees forty-nine minutes twenty-six seconds West (N66U 49' 26"W), a distance of one hundred fifty-eight and 08/1 00 (158.08) feet to a concrete monument; thence North twenty-one degrees forty-nine minutes twenty-six seconds West (N21 U 49' 26"W), a distance of sixty-seven and 18/100 (67.18) feet to a concrete monument, said monument being the true point and place of BEGINNING and containing three hundred fourteen thousand forty-nine (314,049) square feet or seven and 209/1000 (7.209) acres. IT BEING a portion of that certain lot, tract, or parcel of land together with improvements thereon belonging, lying, situate, and being in the City of Virginia Beach, Virginia and designated and described as "AREA I CITY OF VIRGINIA BEACH D.B. 3475 PG. 497, M.B. 245, PG. 98, GPIN 1484-79-2426, AREA = 450,945 SQ. FT. - 10.35227 ACRES" as shown on that certain plat entitled "PLAT SHOWING ROAD RIGHT-Of-WAY AND EASEMENTS HEREBY ESTABLISHED FOR THE CITY OF VIRGINIA BEACH", dated July 19, 2001 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 306 at page 13. 7 I " - 39- Item V-K.8. ITEM 57654 PLANNING Attorney Mark McKinney, 780 Lynnhaven Parkway, Phone; 689-8668, represented the applicant. Mr. McKinney referenced the right-of-way being purchasedfor the Southeastern Expressway. Currently there are five (5) individual lots from Indian River Road all the way back. This property will dissect those lots. The area across from there are the three (3) acres being dedicated back to the City as part of open space and wetlands extrapolation. The area being requested for rezoning is the remainder of the property (fronting on Indian River Road), which the City is not purchasing. Currently without the right-ofway there would beforty (40) lots available by right. With the right-ofway, the number is reducedfrom 30 to 32 lots. Hillcrest Farms is across the street and their lots range in size from 9,000 to 10,000feet, which would be consistent with Conditional R-1 O. The applicant met with the Parks and Recreation Department who requested the application not include a Park, as there was one directly across Indian River Road. The twenty-five (25)-foot setback, which would allow for the Greenway was sufficienct. Relative Council Lady Henley's concern, Jack Whitney, Director of Planning, advised the existing by- right condition was based on fourteen (14) acres. With the reservation for the Southeastern Parkway, the three (3) areas are wetlands. This dedication was coordinated with the Department of Parks and Recreation and they support a 25-foot dedication along the frontage of Indian River Road to accomplish the by-rights condition. In the final analysis, density was calculated comparing the by-right condition with consideration for the Southeastern Parkway. This netted out to a difference of two (2) units. Therefore, the difference isforty (40) units by right againstforty-two (42) under this configuration. Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council ADOPTED an Ordinance upon application of SOUTHERN VIRGINIA BEACH PROPERTIES, L.L.c. for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF SOUTHERN VIRGINIA BEACH PROPERTIES, L.L.c. CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-15 RESIDENTIAL DISTRICT TO CONDITIONAL R-10 RESIDENTIAL DISTRICT R050835275 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Southern Virginia Beach Properties, L.L.c., Change of Zoning District Classification from R-15 Residential District to Conditional R-lO Residential District on property located at 4017, 4025, 4037, 4061 and 4105 Indian River Road (GPINs 1474622765; -1898; -0957; 1474528973; 1474537096; -7205). DISTRICT 1 - CENTERVILLE. The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. May 27, 2008 I I I d - 40- Item V-K.S. ITEM 57654 (Continued) PLANNING This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of May Two Thousand Eight Voting: 7-3 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: Barbara M Henley, Reba S. McClanan and Mayor Meyera E. Oberndorf Council Members Absent: Rosemary Wilson May 27, 2008 I I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6993 DATE: May 16, 2008 TO: FROM: Leslie L. Lilley B. Kay WilSO~ DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Southern Virginia Beach Properties, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 27, 2008. I have reviewed the subject proffer agreement, dated December 3, 2007 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/bm Enclosure ce: Kath~sen I I 'I I Ii SOUTHERN VIRGINIA BEACH PROPERTIES, LLC, a Virginia limited liability company To CITY OF VIRGINIA BEACH a Municipal Corporation of the Commonwealth of Virginia THIS PROFFER AGREEMENT ("Agreement") made this 3rd day of December, 2007, by and among SOUTHERN VIRGINIA BEACH PROPERTIES. LLC. a Virginia limited liability company, whose members are D&G Enterprises, a Virginia general partnership, Daniel Felix, Jenifer A. Felix, Bobby K. Thomas, Cecilia A. Thomas, Jacob J. Hershberger, Jr., Sara M. Hershberger, John W. Soose, Trustee of the Soose Family Joint Declaration of Trust, Betty M. Soose, Trustee of the Soose Family Joint Declaration of Trust, Donald W. Price and Faye E. Price (collectively herein, the "Grantor"); and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"), with an address of 2405 Courthouse Dr., Municipal Center, Virginia Beach, V A 23456. RECITALS: A. Southern Virginia Beach Properties, LLC ("SVBpl) is the contract owner of five adjoining parcels of property located in the City of Virginia Beach at 4017 Indian River Road, 4025 Indian River Road, 4037 Indian River Road (which address is assigned two GPINs), 4061 Indian River Road and 4105 Indian River Road, (the "Property"), less and except the portions of those parcels which shall be necessary for the future construction of the roadway to be known as the Southeastern Expressway/Greenbelt, which shall be severed from the Property pursuant to a subdivision plat submitted for approval to the City of Virginia Beach as more particularly set forth herein. The legal description of the parcels listed in this paragraph A are attached hereto as Exhibit A. GPIN: 147U2-276~ 147U2-1898-0000 147U2-0957-OOOO 147....52-8973-0000 147....53-7096-0000 147....53-7205-0000 PREPARED BY: MARK L MCKINNEY, ATTORNEY AT LAW, DODL" MCKINNEY, P.C. II I ,j B. Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach by petition of Grantor addressed to Grantee to change the zoning classification of the Property from R-15 to Conditional R-lO. The proposed amendment is made pursuant to the terms of the City Zoning Ordinance of the City of Virginia Beach, adopted April 18, 1988, as amended and in effect on the date of this Agreement (the "City Zoning Ordinance"). C. Grantee's policy is to provide for the orderly development of land for various purposes, including residential purposes, through zoning and other land development legislation. D. Grantor acknowledges that in order to prevent incompatible land use, reasonable conditions governing the use of the Property, in addition to the regulations generally applicable to land zoned R-IO as specified in the City Zoning Ordinance, are required to address the project proposed in Grantor's rezoning application. E. Grantor has voluntarily proffered in writing, prior to the public hearing before Grantee, as a part of the proposed amendment to the Zoning Map and in addition to the regulations specified in the City Zoning Ordinance for the R-IO zoning district, reasonable conditions outlined in this Agreement related to the development and operation of the Property. These conditions will be adopted as a part of the amendment to the Zoning Map relative to the Property, and have a reasonable relation to the use of the Property as rezoned R-I0 and are needed as a result of the rezoning. F. The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and the Zoning Map. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. 2 I I " NOW, THEREFORE, Grantor, its heirs, successors, assIgns, grantees and other successors in title or interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element or compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the following declaration of conditions and restrictions governing the use and physical development and operation of the Property, and covenants and agrees that this declaration and the further terms of this Agreement shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all persons and entities claiming under or through the Grantor, its heirs, successors and assigns, grantees and other successors in interest or title to the Property; namely: 1. Grantor agrees to a density not to exceed 42 lots for residential single family dwellings. 2. In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "REZONING PLAN, HILLCREST CROSSING" dated November 5, 2007, prepared by Porterfield Design (the "Site Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. This Rezoning Plan was also exhibited to City Council. 3. Entrance landscaping and signage, as more particularly described in the color coordinated rendering exhibit entitled "ENTRANCE DESIGN, IDLLCREST CROSSING" will be installed at the entrance to the subdivision along Indian River Road. The landscaping shall substantially confonn to the Site Plan and other exhibits submitted to City Council and the Planning Department for the City of Virginia Beach. 3 I ! ! I I 'I 4. The exterior of the typical dwelling shown upon the Site Plan shall be substantially similar in appearance to the color coordinated rendering exhibits prepared by Ainslie- Widener and dated 4/8/08, said exhibit being the same exhibits as the color coordinated exhibit submitted to City Council and on file in the Planning Department of the City of Virginia Beach, Virginia and being composed of the same building materials and elevations as reflected upon the said elevation exhibit on file in the Planning Department of the City of Virginia Beach, Virginia (the "THE HOMES OF HILLCREST CROSSING"). 5. In lieu of any required recreation area/shared-use parkway, Grantor shall dedicate acreage to the City of Virginia Beach, as more specifically shown as Parcel A on the rendering exhibit entitled "PRELIMINARY SUBDIVISION PLAN FOR HILLCREST CROSSING" prepared Site Improvement Associates, a copy of which is on file with the City of Virginia Beach, Department of Planning. 6. In order to accommodate any future widening or development of a shared use path along Indian River Road, Grantor shall dedicate a twenty-five foot stretch of land on the lots that will abut Indian River Road as shown on the rendering exhibit entitled "PRELIMINARY SUBDIVISION PLAN FOR HILLCREST CROSSING" prepared Site Improvement Associates, a copy of which is on file with the City of Virginia Beach, Department of Planning. 7. Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals, including but not limited to final Site Plan approval. 4 II I II 8. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. 9. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including (a) the ordering in writing of the remedying of any noncompliance with such conditions, and (b) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, a petition shall be filed to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK 5 I I ,I WITNESS the following signs and seals: SOUTHERN VIRGINIA BEACH PROPERTIES, LLC. a Virginia limited liabili I,TIpany Dan H. Brockwell Its: Manager By: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, So...,~ L01"'o~.\ , the undersigned, a Notary Public in and for the City and State aforesaid, d hereby certify that Dan H. Brockwell, whose name IS signed to the foregoing instrument as Manager of Southern Virginia Beach Properties, LLC, a Virginia limited liability company, has sworn to, subscribed, and acknowledged the same ~.me in . and Commonwealth aforesaid this \, day of ("\\ c.>...,c '" , 20 said limited liability company. Registration No.: 4017 Indian River Road: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: My commission expires: 'D\~, \ ';;>0\\ Registration No.: 1\ "\ -:'-_T~, I, ~)c\.." CJ... L..) <j<~'b~0- \ , the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that Dan H. Brockwell, whose name is signed to the foregoing instrument as Partner of D&G Enterprises, a Virginia General Partnership, has sworn to, subscribed, and acknowledged the same before me in the City and Commonwealth aforesaid this 1:1..- day of 2008 on be alf of said limited-lia9ility co ~ ~"W ~~........ * .~G.' 7,~~.. II .'Cto" ~.. 1.1 ...OTA"~~\*= I :m ~.~:: = i \\ PusL\\; '!lll iJJ ..~ "'~"iG ~ '-."1 ."~!~~'~~ ~ ,~ .Al114 Of ~+... ""I"II""\\\~ 6 I I I I ,j 4025 Indian River Road: 1.1 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: My commission expires: \ C:.\ ~ "' \ -;).0 \ \ Registration No.: '1. \~ ~I ~.., 4025 Indian River Road: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, <'YJ... <; 0.... t ), ~P'~) ()o.. \ , the undersigned, a Notary Public in and for the City and State aforesaid, do ereby certify that Jenifer A. Felix, has sworn to, subscribed, and acknowledged the same before me in the City and Commonwealth aforesaid this ~ day of ~ "'\ "'\.0..." -( ~ """ , 2008 on behalf said limited liability company. -^--"'-~- 7 .. ---T-. ~~II"III. ~\" ~M LUG~'~ #'--'- ........<.~~- ~ ~.~... 7,;...V'"~, ~ C;..~ "";"~ ~ g.... .,\.OTAJI... ~.~ ~ = :~~ r ~*:: = . ~.... -. - i \. At8L\<i ~ll j .. ~tl"'~i:: ......::'!t...~~~ , ~L"'~\\\.~ I.*'" My commission expires: \ D\ '? \ \ ~\ , Registration No.: .., \ '-\ '2.....,?::., f I I i I ,I 4025 Indian River Road: Bobby K. /1 /', 71(/,-.... ''--'-- COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: My commission expires: ~D\ b ,\ dc" Registration No.: "I \ ~ 'b ..., ~ .. 4025 Indian River Road: , ...// / , i I . i /-V___(lI.--Llt'L li..l ,J;(f)'U.J Cecilia A. Thomas COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, ~o."o.. L-uj;{",bQO.\ , the undersigned, a Notary Public in and for the City and State aforesaid, do reby certify that Cecilia A. Thomas, has sworn to, subscribed, and acknowledged the same before me in the City and Commonwealth aforesaid this ~ day of '\'\'\0-. ~ ~ , 2008 on behalf of s id limited l' ability comP?1' -I"~ . (...~ Not My commission expires: \D\ ~\ \ dc, \ Registration No.: 1\ U 6( ~ I ~\\\\\'II"'lllll ,.. \.~!t~U~~II~ 1~~:r:G. · f;~rr;~ ~ ~~~ .,~. ~ :: · OT.a ... ~ .:' * :" ~ ,." '- ~.~ ": _.~ r .*_ =("): ~.~..: = - . .,.... - S O~..."'-'~/ltJBL\C ~.: ~ :: ooI! . .'~;:: ~.. ~"'.' ~;II ~ ~..~.~~.,'~f:j~ ~ .........~~'\ ~ ~'l ~LTH Ot' ~~ 11111"'1""\\~ ~.. '" 8 I 1:1 I 4037 Indian River Road: J/~' /~ COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 4037 Indian River Road: I, ~,c::).., Lu~e~'0-"o... \ , the undersigned, a Notary Public in and for the City and State aforesaid, 0 hereby certify that Jacob J. Hershberger,- Jr., has sworn to, subscribed, and acknowledged the same before me in the City and Commonwealth l~n,.",,~ ~ day of ""'L." C ~ , 2 08 on beh If of said limited Iiability..~, ... ~'''~. ~ , ~ ~ ... ...'~ ~ ~ ..::.' ., ,.".... ~ ; ;:: CO ... "~":f't Public ~ =* :"~.. .OTAIIl' ~\ * - . ... . My commission expires: \D\?-)\\~,\ --' i~\ ~L;- ~lJf. Registration No.: .. \ ~ ~-r~:> -, ~, · M~...j ~ ~.~..., ~ .......Of .1:;m",\\\\fl ~m'/:ba~~ Sara M. Hershberger COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, c..' ,0.., c,- \...-)~~'()('o...\ , the undersigned, a Notary Public in and for the City and State aforesaid, do reby certIfy that Sara M. Hershberger, has sworn to, subscribed, and acknowledged the same before me in the City and Commonwealth aforesaid this ~ day of '<""'0CJ..., (""" , 2008 on behalof said lim'ted liability company. --, ,\\\\'''"'''''/~ ~.. ~"LUG"'~ :71~~"''''''~~. ~ ~ ..:"'G.' "'''''''~~ II .'~~ .....~.:t" ~ '.1 .OTA,,~ ~..~ ~ - .~ . * - --~. .....-::; = - · .J:II_ - 0'-- ~ ~-". usL\C cov.: ~::' ill! . ~ .... '. ~ ;: ~ ". 0 ~~..,~ S ~ ~..~~~~..~~ ~ ~/" ~AL TM O~ \"" ~"II"""\\\\\ Not~ My commission expires: \ D \ 3" \ ;;20 " Registration No.: -"\ \ '-\ ~,~-, 9 I, ~C.....\--C, '-0C~.( ~"" \:).Cn.\ , the undersigned, a Notary Public in and for the City and State aforesaid, do ereby certify that John W. Soose, whose name is signed to the foregoing instrument as Trustee of the Soose Family Joint Declaration of Trust, has sworn to, subscribed, and acknowledged the same before me in the City and Common.wealth aforesaid this ~ day of \.""""c,~- c~ ,200 on behalf 0 )said limited liability co~llll""lll ~\" ~ M LUa ~/~ ,-/ L-/ ~~~":........!+~~ , 7..~~.ciG. · 11i..~~~ ( s~~~ ~\~~ ~ 6*l "OTAIII- ~\ :~ _., r. *._ = . ~.~ -: :: i~\.'I .4tueL\(; i/ ~ ~f ~.~ ,.. #;: ~ ... 'b..~ ~ ,~~~~~~ ',,;QLTM 0'1' ~~ "III'III""\\~ 4061 Indian River Road: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: My commission expires: ,~~ \ , ~ \ , Registration No.: \ \ \...\. ?;-i~-, 4061 Indian River Road: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I i ,I Not ,; vf3~f:i. '--h 7, Jc<+1V Betty M. So e, Trustee of the Soose Family Joint Declaration of Trust I, c, c-'" ~ a. \ ,'~(" ~k'o.\ , the undersigned, a Notary Public in and for the City and State aforesaid, do ereby certify that Betty M. Soose, whose name IS Signed to the foregoing instrument as Trustee of the Soose Family Joint Declaration of Trust, has sworn to, subscribed, and acknowledged the same before me in the City and Commonwealth aforesaid this \ q, day of \"" ""\0.. ~ ( \, , 2008 on behalf of said limited liabmty. company. ---.., . ~~ r ~\\\\'"""'II~ '--~""- ~"" ~'C.~.~~~~1' No~ry blic ( ~ .j:t:~G" 1,~...~~~ .. ~ C'd ..~'Y "~...~ ~ j ::: .. """,OTA~ ~.. ~ My commission expires: \0\ ~ \ \ ~o \ \ =* !~~ 'J' I' .~ * = Registration No.: -1 \ Li. :z>'TI'j -_-~. ~. ~::: = e A O.!C- ~ '. V8L\(i~,: ~ S ~ eo ..'.. S ;:: ~ eo ~ ~ ..6..('6 ~ ~ SJt:~~o!~....~~-~ ~~~AL1l\Ot ~~~ 1 0 1111111111"\\\\~ I I 4105 Indian River Road: I I ,I . /'7 p/ (J ."' Uhdt~:fe I{/j:/'v:/c/ Donald W. Price ' I, ~f\.. ("" C, L--l~ ,,,,, \-:J eo.... \ , the undersigned, a Notary Public in and for the City and State aforesaid, do h eby certIfy that Donald W. Pnce, has sworn to, subscribed, and acknowledged the same before me in the City and Commonwealth aforesaid this ~,,'mJ)} \\'""\0....- c.. ,....... , 2008 on behalf 2f said limited liability company. ~,\\\ ~ tl LUG IIIIIL, ~Zs )0. ~.........~+~ ~ C ~ ..~G. , ."....V~~ s ..~v "....~.~ ~ ublic I :*l "OTA~... ~~ \ _.", r _._ - . -.-.." - -a'x __ - I - - ..,. ::- - S~~.\ .b(lSL\C CIllls ~ ~.. \S' fb"'~. s ~ ~ ~~'!.c:!p.,:~~.~~~~ ~/l ~ALTHO~ ,:\,,~ 11111"""'\\\~ COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: My commission expires: \ 0 \ '2> \, ;:l.o \ \ Registration No.: -, \L\'~ -, ~-1 4105 Indian River Road: "j(iu~ f P4,Ltl- Faye E~ Price COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, c;' n"c, \ . 'c~""'\\)('C\\ , the undersigned, a Notary Public in and for the City and State aforesaid, do reby certify that Faye E. Price, has sworn to, subscribed, and acknowledged the same before me in the City and Commonwealth aforesaid this ~ day of ,,,,,,,,,-0.. ,- C '<--- . 2008 on bel said I~ited liability company. C--'~L~ Not Public ( My commission expires: -.l.Qj 3 \ \ :Jo \ \ Registration No.: -" L4 '3\6\ 11 ,:\\\\\""""llll ~,,,, ~M LUG~ ~/I.: ~ A.~ ...........~.~ ~ ~ ,.~.~G. . ., 1.,...V~ ~ ~ (;j...~ U'......"f~ :*:. ~OTAI1; ~.~ '=. = :!'J ....~ ...:*E -().~ ..... - i i:..~((\..4(1SL\(i ~.:; ~ ~,-.. ...4P fb...... s ~ ~ If.. o-..-.8~ ...Afti ~ ~ ~;.':.'!J......~~~~ ~/l ~ALTHO~ ':\\\'tt\ 11111"'1"'\\\~ r . II I 'I EXHIBIT A LEGAL DESCRIPTION PARCEL ONE: 4017 Indian River Road ALL THAT certain piece or parcel of land, with the improvements thereon lying, situate and being in the City of Virginia Beach, Virginia, near Stumpy Lake and more particularly bounded and described as follows, to-wit: BEGINNING on the Western side of Indian River Road extended, which point is in the dividing line between this property and other property now or formerly belonging to Clarence Byler and Virginia Byler, his wife, and now or formerly owned by Roy L. Hudson, and which point is 293.9 feet as measured along the western side of Indian River Road Extended from an iron pin on the Western side of Indian River Road Extended, at the point where the property formerly owned by Clarence Byler and Virginia Byler, his wife, and now belonging to Eddie Hill, joins the property formerly owned Clarence Byler and Virginia Byler, his wife, and now or formerly belonging to J.W. Netherland, and from said point of beginning running thence South 48 deg. 42' West 1089.0 feet to a point; thence North 41 deg. 18' West 120 feet to a point; thence North 48 deg. 42' East 1089.0 feet to an iron pin on the western side of Indian River Road Extended; thence running along the western side of Indian River Road Extended; thence running along the western side of Indian River Road Extended South 41 deg. 18' East 120 feet to the point of beginning. PARCEL TWO: 4025 Indian River Road ALL THA T certain tract, piece or parcel of land, situated and being in Kempsville District, Princess Anne County, Virginia, and being described as follows, beginning at a point at a pin on the northwestern side of Indian River Road Extended, which pin is distant 413.9 feet northwest of comer of the property of Eddie L Hill et ux and conveyed to him by deed dated September 17, 1953, and recorded in the hereinafter mentioned Clerk's Office in Deed Book 314, at page 293' thence south 48 degrees and 42; west 1,089 feet to a point; thence north 41 degrees 18' west 200 feet to a point; thence north 48 degrees 42' east 1089 feet to a pin on the western side of said Indian River Road Extended; thence south 41 degrees 18' east along the northwestern side of said road 200 feet to the point of beginning. IT BEING the same property conveyed unto Bobby K. Thomas and Cecelia A. Thomas and Daniel J. Felix and Jenifer A. Felix by deed of Catherine A. Terry, said deed dated June 14, 1996 and duly recorded in the aforesaid Clerk's Office in Deed Book 3631 at page 1758. IT ALSO BEING the same property conveyed to Jenifer A. Felix by deed of Daniel J. Felix and Jenifer A. Felix, said deed dated October 27, 1998 and duly recorded in the aforesaid Clerk's Office in Deed Book 3994 at page 1320. 12 I i II I PARCEL THREE: 4037 Indian River Road ALL THAT certain lot or parcel of land, with the buildings and improvements thereon, situate and being in the Kempsville Borough of the City of Virginia Beach, Virginia, as shown on that certain plat entitled "PHYSICAL SURVEY PROPERTY OF DOLLIE C.W ARD. KEMPSVILLE BOROUGH, VIRGINIA BEACH, VA", dated May 10, 1979, revised May 14, 1979, and made by Gallup Surveying, Ltd., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 133, at page 54, and being more particularly described as follows: BEGINNING at an iron pin on the western side of Indian River Road (formerly known as Indian River Road Extended) as shown on the said plat, which pin is 3025 feet more or less in a southerly direction from the intersection of Indian River Road and Elbow Road, and is on the dividing line between this property and property belonging to Daniel P. Terry and from said point of distance of 1089 feet to a point in the dividing line between this property and property now or formerly belonging to C.H. Byler; thence N 41 degrees 18' W a distance of 10 feet; thence N 48 degrees 42' E a distance of 44 feet; thence S 41 degrees 18' E a distance of 10 feet; thence N 48 degrees 12' E a distance of 478 feet to a point on the western side of Indian River Road; thence S 41 degrees 18' E along the western side of Indian River Road a distance of 132 feet to an iron pin, the point of beginning. ALL THA T certain lot or parcel of land, with the buildings and improvements thereon, situate and being in the Kempsville Borough of the City of Virginia Beach, Virginia, as shown on that certain plat entitled "PHYSICAL SURVEY PROPERTY OF DOLLIE C.WARD. KEMPSVILLE BOROUGH, VIRGINIA BEACH, VA", dated May 10, 1979, revised May 14, 1979, and made by Gallup Surveying, Ltd., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 133, at page 54, and being more particularly described as follows: BEGINNING at an iron pin on the western side of Indian River Road (formerly known as Indian River Road Extended) as shown on the said plat, which pin is 2793 feet more or less in a southerly direction from the intersection of Indian River Road and Elbow Road, and from said point of beginning running S 41 degrees 18' E distance of 108 feet to a point; thence S 48 degrees 12' W a distance of 478 feet to a point; thence N 41 degrees 18' W a distance of 10 feet; thence S 48 degrees 42' W a distance of 44 feet; thence S 41 degrees 18' E a distance of 10 feet; thence S 48 degrees 42' W a distance of 567.18 feet to a point in the dividing line between this property and property now or formerly belonging to C.H. Byler; thence N 42 degrees 09' 30" W along the side boundary line a distance of 136.59 feet to a point; thence N 50 degrees 12' E a distance of 1091.60 feet an iron pin, the point of beginning. IT BEING the same property conveyed to Terry L Kuhns, separated, by deed from Dwight A. Kuhns, Sr. and Terry L. Kuhns, husband and wife, dated April 7, 1995. 13 I I I Ii PARCEL FOUR: 4061 Indian River Road ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Parcel A, 4.636 acres, more or less, as shown on that certain plat entitled, "Subdivision of 10.003 acres, more of less, Site on Indian River Road for Donald H. and Marie A. Russell," which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 64, Page 14. IT BEING the same property conveyed to the Grantors herein by deed from Earl 1. Newman and Elizabeth G. Newman, dated August 18, 1999, and recorded in the aforesaid Clerk's Office, in Deed Book 4132, at Page 1613. PARCEL FIVE: 4105 Indian River Road ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Parcel B, as shown on that certain plat entitled "Subdivision of 10.003 acres site on Indian River Road for Donald H. and Marie A. Russell", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 64, at page 14. IT BEING the same property conveyed to I.R.I.A., Inc., a Virginia Corporation, by Deed of William F. Moore and Kimberly B. Moore, husband and wife, dated 4/1/87, recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia in Deed Book 2619 at page 1533. 14 I I I I " - 41 - Item V-K.9. ITEM 57655 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of ESI PROPERTIES, II, L.L.C. for a Modification of Conditions (approved by City Council on September 14, 2004) for ESI Properties and Kamerek Properties at 4417 Expressway Drive and 361, 365 and 369 Edwin Drive to allow an addition to the existing building. ORDINANCE UPON APPLICATION OF ESI PROPERTIES, II, L.L.c. FOR A MODIFICATION OF CONDITIONS FOR A REQUEST APPROVED BY CITY COUNCIL ON SEPTEMBER 14, 2004 (ESI PROPERTIES & KAMEREK PROPERTIES). BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ESI Properties, II, L.L.c. for a Modification of Conditions for a request approved by City Council on September 14, 2004 (ESI Properties & Kamerek Properties). Property is located at 4417 Expressway Drive and 369, 365 and 361 Edwin Drive (GPINs 1477605028; -7493). DISTRICT 3 - ROSE HALL The following condition shall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. These Ordinances shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of May Two Thousand Eight Voting: 10-0 (By ConsentO 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 and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson May 27, 2008 I I ,j CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7048 DATE: May 16, 2008 TO: FROM: Leslie L. Lilley B. Kay WiISO~ DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; ESI Properties, II, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 27, 2008. I have reviewed the subject proffer agreement, dated February 14, 2008 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/bm Enclosure / cc: Kath~ Hassen I I Ii I AMENDMENT TO CONDITIONS THIS AMENDMENT TO CONDITIONS ("Amendment") made this 14th day of February, 2008, by and between ESI PROPERTIES II, LLC, a Virginia limited liability company, successor-in-title to ELECTRONIC SYSTEMS, INC., a Virginia corporation and VERMILLION PROPERTIES, LLC, a Virginia limited liability company ("Owner"), GRANTORS, and CITY OF VIRGINIA BEACH, a municipal corporation of the commonwealth of Virginia, GRANTEE, provides and states as follows: WITNESSETH: WHEREAS, ESI PROPERTIES II, LLC is the owner of a parcel of real property known numbered and designated as Parcel B, Subdivision of The Estate of Hugh E. Owens, Sr., located in the City of Virginia Beach, GPIN NO: 1477-60-7493-0000, more particularly described as Parcel B on Exhibit A, attached hereto and incorporated herein by reference; and PREPARED BY: INMAN & STRICKLER, PLC 575 LYNNHAVEN PARKWAY, SUITE 200 VIRGINIA BEACH, VA 23452 GPINS: 1477-60-7493-0000 (parcel B) 1476-60-5060-0001 (parcel A) 1476-60-5060-0002 (parcel A) 1476-60-5060-0003 (parcel A) 1 i I Ii i WHEREAS, ESI PROPERTIES II, LLC is also the owner of those certain condominium units known numbered and designated as Unit 1 (GPIN NO: 1477-60- 5060-0001 and Unit 2 (GPIN NO: 1477-60-5060-0002), Edwin Professional Park, a Commercial Condominium, located in the City of Virginia Beach (FORMERLY GPIN NO: 1477-60-5028-0000 and GPIN NO: 1467-69-5657-0000) and more particularly described as a part of Parcel A on Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, VERMILLION PROPERTIES, LLC is the owner of that certain condominium unit known numbered and designated as Unit 3 (GPIN NO: 1477-60-5060- 0003), Edwin Professional Park, a Commercial Condominium, located in the City of Virginia Beach ((FORMERLY GPIN NO: 1477-60-5028-0000 and GPIN NO: 1467-69- 5657-0000) and more particularly described as a part of Parcel A on Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, said parcels being collectively referred to herein as the "Property"; and WHEREAS, due to certain changes in circumstances, GRANTORS has initiated a Modification of Conditions of the Proffers to permit an additional building on the Parcel B property with an increase in total square footage of approximately 8500 square feet; and WHEREAS, GRANTORS have requested GRANTEE to permit this modification to the previously proffered covenants and conditions dated May 15, 1996, recorded in 2 I I I Ii Deed Book 3636, at page 1637 and Amendment to Conditions dated July 22, 2004, recorded in Instrument Number 200409220151886, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, (the "Clerk's Office"), to reflect the amendments applicable to the land use plan on the Property; and NOW, THEREFORE, the GRANTORS, their successors, assigns, GRANTEES and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that this Declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTORS, their successors, assigns, GRANTEES and other successors in interest or title: 1. Proffer # 1 is hereby amended to read: The revised site plan submitted to the Department of Planning herewith and entitled "Preliminary Layout for ESI Properties II, LLC, Virginia Beach, Virginia" dated 01-29-08 (the "Site Plan") is incorporated herein by reference and forms a part of this Agreement. 2. All of the terms, covenants and conditions set forth in the Agreement to Covenants and Restrictions dated May 15, 1996 and recorded in the Clerk's Office in Deed Book 3636, at page 1637, save and except Proffer A as amended by that certain 3 I I 'I Amendment to Conditions dated July 22, 2004, recorded in the Clerk's Office as Instrument Number 200409220151886, and Proffer # I as specifically amended and modified herein, shall remain in full force and effect, running with the Property and binding upon the Property and upon all parties and.persons claiming under, by or through GRANTORS, their assigns, tenants and other successors in interest or title. GRANTORS further covenant and agree that: The above conditions, having been proffered by GRANTORS and allowed and accepted by GRANTEE as part of the Proffers is approved by the Virginia Beach City Council and shall continue in full force and effect. 1. The Zoning Administrator of the City of Virginia Beach, Virgini~ shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virgini~ to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, GRANTORS shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4 I I ,I WITNESS the following signature and seal. GRANTOR: By: WILLIAM G. KAMAREK Managing Member COMMONWEAL 11-1 OF VIRGINIA CITY OF VIRGINIA BEACH Acknowledged before me, the undersigned Notary Public, in and for the City and State aforesaid, by WILLIAM G. KAMAREK, Managing Member ofESI Properties II, LLC, a Virginia Iijted liability company. on behalf of said company. this ,,)-I~ day of yY\~ ,2008. My commission expires: , \\11111/1"" ,\\ r:. J A~ "1 ,,-\.,..\t;. . ''4/11_ I... " ~\"""'."""r~ ~ ~ ...o..;.t'p..P.Y Pi;:.. 4~ ~ """" "0' <2 "\''': ~ :: .);.... ~ t. ".<'" ~ -. MY (') '0 - ; (") [ COMMISSION} ~ ::: Q~ NUMBER ,'. ~ :: ~ ~ ... 7057565 ... ~ :: ~ ~".. .' & '" ""'''04i..~. ..,~ ,'" """".... ,:'~",,,..."~-..\"'I " .......,t, ;.lILTH 0 "", "1/1/111\\\ 5 GRANTOR: I I ;1 VERMILLION PROPERTIES, LLC a Virginia limited liabi . mpany By: Managing Member COMMONWEALlli OF VIRGINIA CITY OF VIRGINIA BEACH . S~ JUtf\dl...,O Acknowledged before me, the ersigped Notary Public, in and for the City and State aforesaid, by d', anaging Member of VERMILLION J(OfETIES, LLC, ability company, on behalf of said company, this o:t day of , 2008. My commission eXPire.j~6 clb. .:ll>1~ ,\\\1'""'" "", ~E J. t\f. ""/ 'o~ ........ ~r. ~ ","' ......a.y P"" :.<'- ~ ~ ~..,'o'\I""~ U~...4 ~ ~ ~: ~ ~ .~? ~ ::.. MY 0"0::: = (') f COMMISSION: : :: 0\ NUM8ER . :: ~~.... 7057565 ....~ ~ ~ ~':. .." &- ~ ///.:,i;............~~ " 1III '4LTH Otf ,\", "'1/11111"\ 6 I I I I ,I I .' EXHIBIT "A" LEGAL DESCRIPTION PARCEL ONE ALL THAT certain tract, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, and being known as Parcel B, containing 2.271 acres of land, more or less, as shown on that certain plat entitled "Resubdivision of Parcel B-A, GPIN 1477-60-6264 (D.B. 3694, PG. 1167 AND D.B. 3694, PG. 1173) (pLAT IN D.B. 2458, PG. 2197) & PARCEL B-2-B GPIN: 1476-69-5657, INSlRUMENT #200502160025862 (M.B. 160, PG. 49), VIRGINIA BEACH, VIRGINIA", which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Instrument No. 20050410058076. TOGE1lIER WIlli non exclusive easements in, or over and across Parcel A (as shown on the aforementioned plat) for access, ingress and egress to and from Parcel B-A to Holland Road created pursuant to, and subject to, and governed by that certain "Declaration of Easements Affecting Holland Office Park Parcel A and Parcel B-A" dated August 22, 1991, made by Holland Office Park Associates, et aI, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3040, at page 1654. IT BEING the same property conveyed unto ESI Properties, II, L.L.C., by deed from Electronic Systems, Inc., a Virginia corporate, dated December 20, 1996 and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, In Deed Book 3694, at page 1173, and by deed from Kamarek Family Limited Partnership, a Virginia limited liability partnership, dated December 20, 1996, and duly recorded in the aforementioned Clerk's Office in Deed Book 3694, at page 1170. PARCEL TWO ALL THAT certain condominium unit known and numbered as Unit 1 and Unit 2, in that certain condominium entitled "EDWIN PROFESSIONAL PARK, A COMMERCIAL CONDOMINIUM, located in the CitY of Virginia Beach, Virginia, together with a proportionate interest in the common elements appertaining to said unit, all as more particularly described, designated and shown in that certain Condominium Declaration entitled ADECLARA nON OF CONDOMINIUM, EDWIN 7 I I I I d I . . PROFESSIONAL PARK, A COMMERCIAL CONDOMINIUM, dated May 2, 2005, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virgini~ simultaneously herewith and immediately prior hereto as part of one and the same transaction (hereinafter referred to as the "Declaration"), to which Condominium Declaration and exhibits thereto reference is hereby made for a more particular description of said unit. IT BEING a part of the same property conveyed unto ESI Properties II, LLC, a Virginia Limited Liability Company, by deed from Kamarek Family Limited Partnership; Chenosky Family Limited Partnership; Timothy D. McCulloch; and Troiano Family Limited Partnership, dated February 14, 2005 and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virgini~ as instrument number 20002160025862 PARCEL THREE ALL TIIA T certain condominium unit known and numbered as Unit 1 and Unit 3, in that certain condominium entitled "EDWIN PROFESSIONAL PARK, A COMMERCIAL CONDOMINIUM, located in the City of Virginia Beach, Virgini~ together with a proportionate interest in the common elements appertaining to said unit, all as more particularly described, designated and shown in that certain Condominium Declaration entitled ADECLARA nON OF CONDOMINIUM, EDWIN PROFESSIONAL PARK, A COMMERCIAL CONDOMINIUM, dated May 2, 2005, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virgini~ simultaneously herewith and immediately prior hereto as part of one and the same transaction (hereinafter referred to as the "Declaration "), to which Condominium Declaration and exhibits thereto reference is hereby made for a more particular description of said unit. 8 I iI - 42- Item V-KI0. ITEM 57656 PLANNING Cheryl McKee, 245 Fighter Drive, Phone: 428-2255, local merchant, animal behavior specialist and animal lover, registered in OPPOSITION. Currently these businesses are required to be in B-2 Business Districts. Ms. McKee presented a petition signed by animal lovers in OPPOSITION. Said petition is hereby made a part of the record. Too much of this area is located around the naval base, and thus too much noise. Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council ADOPTED: Ordinance to AMEND City Zoning Ordinance (CZO), Section 1001. to ADD animal hospitals, veterinary establishments, pounds, shelters and commercial kennels as Conditional Uses in the 1-1 and 1-2 Industrial Districts. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones. Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson May 27, 2008 I I ,I I 1 REQUESTED BY COUNCllMEMBER JOHN E. UHRIN 2 3 AN ORDINANCE TO AMEND CITY ZONING ORDINANCE 4 SECTION 1001 TO ADD ANIMAL HOSPITALS, 5 VETERINARY ESTABLISHMENTS, POUNDS, SHELTERS, 6 AND COMMERCIAL KENNELS AS CONDITIONAL USES 7 IN THE 1-1 AND 1-2 INDUSTRIAL ZONING DISTRICTS 8 9 Section Amended: City Zoning Ordinance 9 1001 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 That Section 1001 of the City Zoning Ordinance is hereby amended and 16 reordained, to read as follows: 17 18 ARTICLE 10. INDUSTRIAL DISTRICTS. 19 20 Sec. 1001. Use regulations. 21 22 (a) Principal and conditional uses. The following chart lists those uses 23 permitted within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the 24 respective industrial districts shall be permitted as either principal uses indicated by a 25 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 26 shall be prohibited in the respective districts. No uses or structures other than as 27 specified shall be permitted. 28 29 Use 1-1 1-2 30 Airports, heliports and helistops P P 31 Animal hospitals. veterinary establishments, 32 pounds. shelters. and commercial kennels 33 34 Antennas, building-mounted C C P P 35 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 2ih day of May, 2008. I I I I II - 43 - ADOPTION-FRIENDLY ANIMAL SHELTER 7:06 P.M. ITEM 57657 Mayor Oberndorf advised this Report was moved to the City Council Chamber and later to the Formal Session to accommodate those in attendance. Sharon Q. Adams, Executive Director - SPCA, had previously distributed the VIRGINIA BEACH SPCA 2008 Report and Recommendations: Virginia Beach Animal Control Bureau. Said report is hereby made a part of the record. Mrs. Adams requested those in SUP PORT of the Report stand. This process began in October, with a number of issues and concerns brought forward re the Animal Control Bureau. The Virginia Beach SPCA, is and has been, totally committed to improving both the adoption rates at the Virginia Beach Animal Control Bureau and insuring that there is a consistent and progressive approach to animal welfare issues in the City. SPCA has invested forty-two (42) years of effort and millions of dollars of commitment to these goals. One-quarter-million animals have been sheltered by the SPCA that the Animal Control Bureau did not have to shelter. A considerable number of recommendations have been presented. Ms. Adams cited the primary recommendations, not only as they relate to encouraging the Virginia Beach Animal Control Bureau to become "adoption-friendly", but also insisting that the Bureau rise to the highest expectations of its citizens. The Bureau cannot be adoption-friendly if its field operations are cruelly tolerant or indifferent. Develop a focus on animal protection and adequate care in the law enforcement area that insures that pet owners meet their obligations to the animals and establishes an ethic of compassion throughout the City. Enforcement of state law practiced fairly, consistently and earnestly throughout the City will meet the expectations of citizens that animals will be protected and pet owners and others will be held responsible for their care and protection Implement a commitment to the health and medical treatment of animals that come into the care and custody of Animal Control Create and implement policies and programs that improve the public's perception of animal welfare in Virginia Beach and the Animal Control Bureau in particular. An animal welfare professional directing the activities of the shelter with full authority is essential to institute these policies Form alliances and partnerships within the community Develop operational policies and practices that support the promotion of appropriate adoptions of all adoptable animals. Ms, Adams displayed Charts indicating Police Officer Activity Summary - Animal Control. An Animal Welfare Professional with a proven track record needs to be placed in charge of the Animal Shelter. Kathy Starr, 2104 Clarion Court, Phone; 373-8322, former Animal Control Officer with the City, spoke in SUPPORT of the recommendations Ben Hancock, 1456 North Woodhouse Road, Phone: 481-4999, President of the Board of Directors of the Virginia Beach SPCA. $9.6-MIILLION has been expended by SPCA to shelter and protect animals (these are donated dollars, not taxpayers dollars). Mr. Hancock's statement is hereby made a part of the record. May 27, 2008 Ii iI - 44- ADOPTION-FRIENDLY ANIMAL SHELTER ITEM 57657 (Continued) Dapuna Nechnowich, Front Steet, Phone: 372-6113, Member - PETA , spoke in SUPPORT of the recommendations. Ms. Nechnowich expressed appreciation to the Mayor and Council re the recent Forum on an adoption-friendly facility. Rose Strickland, Virginia Beach Animal Control Officer for thirteen (13) years, spoke in support of the SPCA Recommendations. Leigh Penner, 1624 Dey Cove Drive, Phone: 333-5012, President - Friends of Virginia Beach Animal Control, enthusiastically supported the Adoption-Friendly Resolution. May 27, 2008 - 45 - Item L.l. APPOINTMENTS ITEM #57658 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION OPEN SPACE ADVISORY COMMITTEE Councilman Wood had to leave at 7:30 P.Mfor a previous City-business commitment I I d May 27, 2008 - 46- Item L.2. APPOINTMENTS ITEM #57659 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Glenn R. Davis, Jr. Marjorie Jean Rawls 4 year term: July 1, 2008 - June 30,2012 and APPOINTED: Carolyn Garrett 4 year term: July 1, 2008 - June 30,2012 ARTS and HUMANITIES COMMISSION Voting: 9-0 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 and Ron A. Villanueva Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood May 27, 2008 I I - 47- Item L.3. APPOINTMENTS ITEM #57660 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Judith K Connors 3 year term: July 1, 2008 - June 30,2011 BAYFRONT ADVISORY COMMITTEE Voting: 9-0 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 and Ron A. Villanueva Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood II I II I May 27, 2008 - 48 - Item LA. APPOINTMENTS ITEM #57661 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Ken Jobe (Beach District) 3 year term: July 1, 2008 - June 30,2011 BEACHES AND WATERWAYS COMMISSION Voting: 9-0 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 and Ron A. Villanueva Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood I Ii I May 27, 2008 I I - 49- Item L. 5. APPOINTMENTS ITEM #57662 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Eugene W. Hansen 3 year term: July 1, 2008 - June 30, 2011 BIKEWAYS AND TRAILS ADVISORY COMMITTEE Voting: 9-0 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 and Ron A. Villanueva Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood I I ,j May 27, 2008 I I - 50 - Item L6. APPOINTMENTS ITEM #57663 Upon NOMINA TION by Vice Mayor Jones, City Council REAPPOINTED: Charles R. Wall 3 year term: July 1, 2008 - June 30, 2011 CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM Voting: 9-0 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 and Ron A. Villanueva Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood I i Ii I May 27, 2008 - 51 - Item L. 7. APPOINTMENTS ITEM #57664 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Randolph M. Gould 3 year term: July 1, 2008 - June 30,2011 EASTERN VIRGINIA MEDICAL SCHOOL Voting: 9-0 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 and Ron A. Villanueva Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood ,I , May 27, 2008 I ! - 52 - Item L. 8. APPOINTMENTS ITEM #57665 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Harry E. Diezel Louis R. Jones Meyera E. Oberndorf John E. Uhrin 2 year term: July 1, 2008 - June 30,2010 HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) Voting: 9-0 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 and Ron A. Villanueva Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood I I i ,I May 27, 2008 - 53 - Item L.9. APPOINTMENTS ITEM #57666 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Reverend William Dyson Unexpired term thru 3/31/2009 HUMAN RIGHTS COMMISSION Voting: 9-0 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 and Ron A. Villanueva Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood May 27, 2008 I ! - 54 - Item L.I0. APPOINTMENTS ITEM #57667 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Robert M. Beardsworth 4 year term: July 1,2008 - June 30,2012 APPOINTED: Martha McClees 4 year term: July 1, 2008 - June 30, 2012 SOCIAL SERVICES BOARD Voting: 9-0 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 and Ron A. Villanueva Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood I I II May 27, 2008 II I - 55 - Item L.ll. APPOINTMENTS ITEM #57668 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: John E. Uhrin James L. Wood 2 year term: July 1, 2008 - June 30, 2010 TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS (TTDC) Voting: 9-0 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 and Ron A. Villanueva Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood May 27, 2008 - 56 - Item V-O ADJOURNMENT ITEM # 5766920 I I Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:40 P.M. O~___d;_~!_~~_ Beverly 0. Hooks, CMC Chief Deputy City Clerk 4.~~ ~ges Fraser, MMC City Clerk [n/)! t tJ,M 6!__fJ ';;:;:;:r;;:dorf Mayor City of Virginia Beach Virginia The Public Comment re Non Agenda Item "Summer Program -Newtown" adjourned at 8:25 P.M. May 27,2008 - 57 - SUMMER PROGRAM NEWTOWN Pastor Joe Flores, 701 Bolero Court, Phone: 472-2472, introduced Bishop Judy Fisher. She is a Bishop over churches and performs Ministry work in Haiti. She was accompanied by her husband, Dr. Edward G. Fisher (a surgeon for the past forty (40) years). Reverend Flores read into the record, a poem entitled "A Ritual to Read to Each Other". Pastor Flores opened the Newtown Cultural Life Center to assist young people. The City Manager and Pastor Flores have been discussing the City leasing space from the Newtown Cultural Life Center to enable city programs in the building. The Pastor is trying to move forward with a purchase agreement. The bank is requesting a proposed lease in order to facilitate the purchase of the facility. Bishop Judy Fisher, Washington, D.C., respectfully urged approval of the funding partnership the City Manager and Pastor Flores have been discussing for the past two (2) years. The Cultural Life Center has been working in Virginia Beach for many years to deliver much needed services. Dr. Edward G. Fisher, Washington, spoke in support. Dr. Fisher urged partnership with Pastor Flores in his great work. City Manager, Cindy Curtis - Director of Parks and Recreation and her staff, shall confer with Pastor Flores and Carl Wright, NAACP, re the Newtown Cultural Life Center and proposed leases for City offices and the "Summer Program" proposed by Mayor Oberndorf and added as a funded item in the FY 2008-2009 Operating Budget. May 27, 2008