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HomeMy WebLinkAboutNOVEMBER 18, 2008CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYFRA E. OBERNDORF, Ai -Large VICE_ MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, AI -Large HARRY E. DIFZFL, Kempsville - District 2 ROBERT M. DYER„ Centerville - District I BARBARA M. HENLEY, Princess Anne District 7 REBA S. McCLANAN, Rose Hall - District 3 .JOHN F. UHRIN Beach District 6 RON A. VILLANUEVA, At -Large ROSEMARY WILSON, SON, At -Large JAMES L. WOOD, Lvnnhaven -District 5 CITYMANAGI:R-.JAMES K. SPORE CITY ATTORNF, Y - LESLIE L. LILLEY CI7Y CLERK - RUTH HODGES FRASER, MMC I. CITY MANAGER'S BRIEFINGS CITY COUNCIL AGENDA 18 NOVEMBER 2008 - Conference Room - CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (75 7) 385-5669 E- MAIL: Ctycncl@vbgov.com 1:00 A. WILLIAMS FARM COMMUNITY RECREATION CENTER Barry Frankenfield, Administrator - Planning Design and Development, Parks and Recreation B. PLANNING ITEMS REVIEW Jack Whitney, Director - Planning II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL / SCHOOL BOARD BRIEFING -Building 19- 3:00 PM A. ANNUAL FIVE-YEAR FORECAST Catheryn Whitesell, Director - Management Services V. REVIEW OF AGENDA - Conference Room - 4:00 PM VI. INFORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION IV. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Steve Kelly Wave Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA A E. ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. AGENDA FOR FORMAL SESSION October 28, 2008 H. TOWN CENTER PHASE IV - BRIEFING Patricia Phillips, Director, Finance Mark Wawner, Project Development Coordinator - Economic Development I. PUBLIC HEARING 1. LEASE OF CITY -OWNED PROPERTY - Sheffield Court J. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AMEND §2-20 re time and place of regular formal City Council meetings to set same as the 2"d and 4`h Tuesday of each month with an informal meeting on the 1" Tuesday. 2. Ordinance to AUTHORIZE the City Manager to modify the Beacon Exchange agreement, APPROPRIATE the funds and AUTHORIZE the Virginia Beach Development Authority (VBDA) to use EDIP funds for the Exchange 3. Ordinance to AUTHORIZE the City Manager to execute a five-year lease of City -owned property with Frank T. and Laura R. Mulcahy off Sheffield Court re maintenance needs of Pembroke Lake DISTRICT 4 - BAYSIDE 4. Ordinance to AUTHORIZE a temporary encroachment into portions of the City -owned Lake Wesley property for Gary W. and Marleta K. London to construct and maintain a fixed pier, boat lift, aluminum ramp, floating pier and mooring lines at 468 Southside Road DISTRICT 6 — BEACH 5. A Resolution REQUESTING approval of the design for the Salem/Princess Anne Road Intersection Improvement Project 6. Ordinance to ACCEPT and APPROPRIATE a Grant from the Virginia Departments of Forestry and Conservation and Recreation re an Urban Tree Canopy Analysis 7. Ordinance to ACCEPT a Grant for communications equipment from theVirginia Department of Emergency Management Grant Office to Communications and Information Techology (COMIT) 8. Ordinance to ACCEPT a donation of parts from FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION re public fire prevention education 9. Ordinance to ACCEPT and APPROPRIATE a Grant from the U. S. Department of Homeland Security/FEMA Cooperative Agreement re activation of VA-TF2 Urban Search and Rescue Team for tropical storms and hurricanes 10. Ordinance to ACCEPT and APPROPRIATE a Grant from the U. S. Department of Homeland Security/FEMA re enhanced medical training and equipment re EMS "Four -for - Life" 11. Ordinance to ACCEPT a Grant from the Virginia Department of Health re medical services for the EMS Four -for -Life 12. Ordinance to ACCEPT and APPROPRIATE a Grant from the Virginia Department of Criminal Justice Services to the Police re terrorism deterrents 13. Ordinance to APPROPRIATE a Grant from the DEA Shared Asset Special Revenue Fund to the Police Department re canines L. PLANNING 1. Application of CHRISTINE PINKSTON for a Conditional Use Permit re a residential kennel at 1428 Princess Anne Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 2. Application of TANIKA DRAWHORN for a Conditional Use Permit re a home daycare at 811 Admissions Court. DISTRICT 2 - KEMPSVILLE RECOMMENDATION: "91i.TIAW, II 3. Application of T -MOBILE NORTHEAST, L.L.C. for a Conditional Use Permit re a communication tower at 2224 Greenwell Road. DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 4. Application of ARGOLD DAM NECK, L.L.C. for a Change of Zoning District Classification (COZ) from R-15 Residential District and AG -1 Agricultural District to Conditional R-7.5 Residential District at Dam Neck Road and Southcross Drive to develop single-family dwellings. DISTRICT 7 - PRINCESS ANNE APPLICANT REQUESTS DEFERRAL TO NOVEMBER 25, 2008 5. Ordinance to AMEND the Comprehensive Plan and incorporate the 2008 OUTDOOR PLAN as an appendix M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS (Plumbing and Mechanical Division) COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION REVIEW AND ALLOCATION COMMITTEE (COG) SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) WORKFORCE HOUSING ADVISORY COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS 1. ABSTRACT OF VOTES — General Election of November 4, 2008 P. ADJOURNMENT PUBLIC COMMENTS Non -Agenda Items City Council Sessions for November and December 2008 November 25 Briefing, Informal, Formal, including Planning December 2 Briefing, Informal, Formal, including Planning December 9 Briefing, Informal, Formal, including Planning If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 11/18/08st www.vb oR v.com I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:00 A. WILLIAMS FARM COMMUNITY RECREATION CENTER Barry Frankenfield, Administrator - Planning Design and Development, Parks and Recreation B. PLANNING ITEMS REVIEW Jack Whitney, Director - Planning II. CITY COUNCIL LIAISON REPORTS 11 111. CITY COUNCIL COMMENTS - IV. CITY COUNCIL / SCHOOL BOARD BRIEFING -Building 19- 3:00 PM A. ANNUAL FIVE-YEAR FORECAST Catheryn Whitesell, Director - Management Services 11 V. REVIEW OF AGENDA - Conference Room - 4:00 PM VI. INFORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION IV. FORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Steve Kelly Wave Church - Council Chamber - 6:00 PM 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 October 28, 2008 G. AGENDA FOR FORMAL SESSION H. TOWN CENTER PHASE IV - BRIEFING Patricia Phillips, Director, Finance Mark Wawner, Project Development Coordinator - Economic Development PUBLIC HEARING LEASE OF CITY -OWNED PROPERTY - Sheffield Court PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City -owned property on Tuesday, November 18, 2008, at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following parcel: Approximately 1.3 acres of land located off Sheffield Court in the Pembroke Meadows Subdivision (GPIN: 1477-69-9678-0000) If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call TDD 711 (TDD �, Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Management Services — Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center. The Facilities Management Office telephone number is (757) 385-5659. 07"'C Ruth Hodges Fraser, MMC City Clerk J. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AMEND §2-20 re time and place of regular formal City Council meetings to set same as the 2"d and 4th Tuesday of each month with an informal meeting on the 1St Tuesday. 2. Ordinance to AUTHORIZE the City Manager to modify the Beacon Exchange agreement, APPROPRIATE the funds and AUTHORIZE the Virginia Beach Development Authority (VBDA) to use EDIP funds for the Exchange 3. Ordinance to AUTHORIZE the City Manager to execute a five-year lease of City -owned property with Frank T. and Laura R. Mulcahy off Sheffield Court re maintenance needs of Pembroke Lake DISTRICT 4 - BAYSIDE 4. Ordinance to AUTHORIZE a temporary encroachment into portions of the City -owned Lake Wesley property for Gary W. and Marleta K. London to construct and maintain a fixed pier, boat lift, aluminum ramp, floating pier and mooring lines at 468 Southside Road DISTRICT 6 — BEACH 5. A Resolution REQUESTING approval of the design for the Salem/Princess Anne Road Intersection Improvement Project 6. Ordinance to ACCEPT and APPROPRIATE a Grant from the Virginia Departments of Forestry and Conservation and Recreation re an Urban Tree Canopy Analysis 7. Ordinance to ACCEPT a Grant for communications equipment from theVirginia Department of Emergency Management Grant Office to Communications and Information Techology (COMIT) 8. Ordinance to ACCEPT a donation of parts from FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION re public fire prevention education 9. Ordinance to ACCEPT and APPROPRIATE a Grant from the U. S. Department of Homeland Security/FEMA Cooperative Agreement re activation of VA-TF2 Urban Search and Rescue Team for tropical storms and hurricanes 10. Ordinance to ACCEPT and APPROPRIATE a Grant from the U. S. Department of Homeland Security/FEMA re enhanced medical training and equipment re EMS "Four -for - Life" 11. Ordinance to ACCEPT a Grant from the Virginia Department of Health re medical services for the EMS Four -for -Life 12. Ordinance to ACCEPT and APPROPRIATE a Grant from the Virginia Department of Criminal Justice Services to the Police re terrorism deterrents 13. Ordinance to APPROPRIATE a Grant from the DEA Shared Asset Special Revenue Fund to the Police Department re canines CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 2-20 Pertaining to Time and Place of Regular City Council Meetings MEETING DATE: November 18, 2008 ■ Background: Pursuant to City Charter § 3.06, City Council is authorized to adopt its own rules of procedure, including setting the time and location of its meetings, so long as Council holds at least one meeting per month. This item was deferred by City Council from October 14, 2008 until November 18, 2008. ■ Considerations: Currently, the City Council has regular meetings on the 1St 2nd and 4th Tuesday of each month. This ordinance will change City Council's regular meetings to the 2"d and 4th Tuesday of each month, and Council will instead convene an informal session on the 1St Tuesday of each month. Also, several additional amendments have been included to clarify the language of the Code section and to bring the Code into conformance with current practices. For example, although the current Code provides that informal meeting on the 3"d Tuesday "shall be recorded on audiotape," Video Services has broadcast such meetings live for several years. Accordingly, the amended language provides that all formal and informal meetings shall be broadcast live. The sole exception is for meetings held in a location other than Council Chambers or the Council Conference Room. Video Services will videotape any such meeting for later broadcast. No such meeting may be held at an alternative location absent a vote of City Council approving the change in location. Finally, these code changes will not require any changes to City Council's Policy on Speakers at Council Meetings. That policy provides that the "open mic" session for comments on non -agenda items shall be held "after the conclusion of the first formal session of each month." Accordingly, if this ordinance is adopted, comment on non - agenda items will be heard after conclusion of the first formal session of the month, which will be the 2"d Tuesday of each month (other than July and December, during which formal sessions will continue to be held on the 1" Tuesday of the month). ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance. Requested by Councilmember Dyer REQUESTED BY COUNCILMEMBER DYER 1 AN ORDINANCE TO AMEND SECTION 2-20 2 OF THE CITY CODE PERTAINING TO TIME 3 AND PLACE OF REGULAR CITY COUNCIL 4 MEETINGS 5 6 SECTION AMENDED: § 2-20 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-20 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 2-20. Time and place of regular meetings. 15 16 (a) Regular formal meetings of the council shall be held in the Council Chambers 17 of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on the fiFs� second 18 and fourth Tuesdays of each month at 6:00 p.m., unless such date shall fall upon a legal 19 holiday, 20 not a heliday and at the sarne heuF, 21 of the-seu . However, in July and December of each year, regular meetings shall 22 instead be held on the first two (2) Tuesdays of the month at 6:00 p.m. No meetings 23 shall-hpe helden the third and fe uFth Tuesdays in P eGeFnbnr The council may also 24 convene informal meetings on the dates of regular formal meetings at such times as the 25 council may deem appropriate, and on the first and third Tuesday of every month except 26 July and December . Informal meetings, which shall be held 27 in the Council Conference Room adjacent to the Council Chambers and at which no 28 votes shall be cast, shall be for the purpose of discussing matters of interest to the 29 council, and receiving briefings/reports from the city manager, city staff and city boards, 30 commissions, committees and other city agencies. The city manager shall notify the 31 public of the times of such informal meetings in advance thereof. 32 33 (b) To accommodate citizen participation in public hearings, the council may by 34 resewtion convene any council meeting at such public facility in the city that will in the 35 judgment of city council accommodate the citizens; provided, however, that notice shall 36 be provided to the press and public by the city manager. 37 38 (c) Pursuant to section 2-56 the City Clerk shall prepare official minutes of all 39 formal and informal meetings of the council. Additionally, all formal and informal 40 meetings of council held in either the Council Chambers or the Council Conference 41 Room shall be cablecast live. with the exec tier of the ir. GFinal rr eetiR96 held on t 42thiFd Tuesday of each month frorn 4:00 p.m. to 6:00 p.FA. whieh Formai and 43 informal meetings held at a different location pursuant to subsection (b) shall be 44 recorded eR audietape for later cablecast. Notwithstanding the above, the inoperability 45 or other technical malfunction of cablecasting or video recording of a meeting shall have 46 no effect on the validity of either the meeting or any action taken during the meeting. 47 The effective date of this ordinance shall be January 1, 2009. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2008. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA10875 R-5 November 12, 2008 y o ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance (1) approving modifications to the Beacon Exchange Agreement, (2) appropriating funds to finance the Beacon Exchange and (3) authorizing the Development Authority to utilize EDIP Funds for the Beacon Exchange MEETING DATE: November 18, 2008 ■ Background: The Town Center Project (the "Project") has been a long-term priority for the City. The City Council first recognized the importance of the Project in the Central Business District of the City when it adopted the Comprehensive Plan on November 4, 1997. In 1999, the City Council adopted the Central Business District — South Tax Increment Financing District with the intent of entering into an agreement with a developer and using the funds to help pay for the City's participation in the Project. At its February 8, 2000 meeting, the City Council approved a Development Agreement for Phase I of the Project containing the rights and obligations of the Virginia Beach Development Authority (the "Authority") and Town Center Associates, L.L.C. (the "Developer"). On June 3, 2003, the City Council approved the Phase II Development Agreement containing the rights and obligations of the Authority and the Developer with respect to Phase II of the Project. On September 13, 2005, the City Council approved Phase Ili of the Town Center, and on June 13, 2006, the City Council approved the First Modification to the Phase III Development Agreement. On July 17, 2007, the City Council approved the Second Modification to the Phase III Development Agreement to, among other things, approve the acquisition by the Authority of Block 2 of the Project, site of the Beacon Building, from Commonwealth Building Company, Inc. ("CBC") in exchange for (a) 15,000 square feet of improved office space in the Block 7 West Retail Space (with the shell unit valued at $1,680,000 and $945,000 worth of improvements), (b) a $1,635,000 cash payment, (c) five parking spaces in the Block 7 Parking Garage, and (d) a $300,000 EDIP award to cover moving expenses (collectively, the "Beacon Exchange"). ■ Proposed Modifications: The actual build -out costs for the 15,000 square feet are higher than initial estimates, and the City and CBC now desire to amend the terms of the Beacon Exchange to increase the amount paid by the Authority to improve the 15,000 square feet of office space in the Block 7 West Retail from $945,000 to $1,476,329. Due to changes in economic conditions, the funding source for the exchange must be modified to (i) authorize the Development Authority to fund the additional build -out costs ($531,329) from its Economic Development Investment Program ("EDIP"), and (ii) appropriate $4,260,000 from the Central Business District — South (TIF) fund (the "TIF") to the Authority to pay the residual cost of the exchange. The TIF funds will be repaid upon the sale of Block 2 to the Developer. Previously, under the July 2007 Agreement, the Developer was funding the initial exchange costs (except EDIP funds) with the Authority repaying those costs upon purchase of the Block 2 parking structure. ■ Considerations: Acquisition of Block 2 of the Project by the Authority is critical to the long-term success of the Project. The requested amendments are the result of extended negotiations between the City and representatives of CBC. ■ Public Information: Public information for this item will be handled through the normal Council agenda process. ■ Alternatives: The Phase III Documents reflect the City's on-going commitment to the long-term priority of developing a Town Center for the City. Acquisition and development of the Block 2 Property are consistent with those goals. There are other alternatives to expanding development of the Central Business District. However, few if any alternatives accomplish Council's stated goals for the area or provide the level of quality proposed. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Aency: Economic Development%_ Y 9 Cit Manager: I AN ORDINANCE (1) APPROVING MODIFICATIONS 2 TO BEACON EXCHANGE AGREEMENT, (2) 3 APPROPRIATING FUNDS TO FINANCE THE 4 BEACON EXCHANGE AND (3) AUTHORIZING THE 5 DEVELOPMENT AUTHORITY TO UTILIZE EDIP 6 FUNDS FOR THE BEACON EXCHANGE 7 8 WHEREAS, by Ordinance No. 2896F adopted September 13, 2005, after 9 finding that Phase III of the Town Center Project will stimulate the City's 10 economy, increase public revenues, enhance public amenities, further the City's 11 development objectives for the Central Business District and provide necessary 12 components to further the goals contained in the City's "Guidelines for Evaluation 13 of Investment Partnership for Economic Development," the City Council (a) 14 approved development documents for Phase III of the Project (the "Phase III 15 Project Documents"), (b) requested that the City of Virginia Beach Development 16 Authority (the "Authority") approve and execute the Phase III Project Documents, 17 and (c) authorized the City Manager to execute a Support Agreement between 18 the City and the Authority supporting the Authority's obligations contained in the 19 Phase III Project Documents; 20 21 WHEREAS, by Ordinance No. 2995G adopted July 17, 2007, after finding 22 certain proposed refinements and modifications to the Phase III Project 23 Documents would enhance the Project, City Council approved the Second 24 Modification to the Phase III Project Documents; 25 26 WHEREAS, a component of the Second Modification of the Phase III 27 Agreement provided for the Authority to acquire the Beacon Property, known as 28 Block 2 in Town Center, from Commonwealth Building Company, Inc. ("CBC"). 29 30 WHEREAS, The Authority and the Project Developer have negotiated an 31 exchange transaction under which CBC would transfer of Block 2 to the Authority 32 in exchange for (a) 15,000 square feet of improved office space* in the Phase III 33 Block 7 West Retail, (b) a $1,635,000 cash payment, (c) five parking spaces in 34 the Block 7 Parking Garage, and (d) up to $300,000 in moving expenses in the 35 form of an Economic Development Investment Program ("EDIP") award to CBC 36 (collectively the "Beacon Exchange"); 37 38 WHEREAS, the Beacon Exchange is evidenced by an agreement and 39 supporting documents among the Authority, CBC and the Developer (collectively 40 the "Beacon Exchange Documents"); 41 42 WHEREAS, the preliminary cost estimates for the improvements to the 43 15,000 square feet of office space in the Block 7 West Retail have changed, and 44 the City Council desires to amend the terms of the Beacon Exchange Documents 45 to increase the amount paid by the Authority for those improvements by 46 $531,329 from $945,000 to $1,476,329 (the "Added Build -Out Costs"); 47 48 WHEREAS, when City Council originally approved the Beacon Exchange, 49 the Developer agreed to provide the Authority with the necessary funding to 50 complete the Beacon Exchange. The Developer has informed the City that due 51 to changing financial conditions it is now unable to provide that financing; 52 53 WHEREAS, to fund the Added Build -Out Costs ($531,329), the City 54 Council desires to authorize the Authority to utilize funds from the Authority's 55 EDIP; 56 57 WHEREAS, to fund the remaining $4,260,000 necessary to complete the 58 Beacon Exchange, City Council desires to appropriate $4,260,000 from the 59 Central Business District — South (TIF) Fund ("TIF"); 60 61 WHEREAS, the City Council desires to refund the TIF in the amount of 62 $4,260,000 from the proceeds of the sale of Block 2. 63 64 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 65 OF VIRGINIA BEACH, VIRGINIA: 66 67 1. The City Council hereby approves the modification to the Beacon 68 Exchange Documents by: 69 70 a. authorizing the Authority to utilize an additional $531,329 in 71 funds from its EDIP to fund the added build -out costs portion of the Beacon 72 Exchange, and 73 74 b. appropriating $4,260,000 from the Central Business District 75 — South (TIF) Fund for the balance of funds needed for the Beacon Exchange not 76 funded from the EDIP. The $4,260,000 appropriated herein shall be refunded to 77 the TIF from the proceeds from the sale of Block 2. 78 79 2. On behalf of the City of Virginia Beach, the City Manager and the 80 City Attorney are hereby authorized and directed to proceed with the preparation 81 of any documents necessary and appropriate to implement the modification of 82 the Beacon Exchange Documents (the "Beacon Exchange Modification 83 Documents") consistent with the provisions herein. 84 85 3. The City Manager, or his designee, is authorized to execute and 86 deliver any Beacon Exchange Modification Documents to which the City is a 87 necessary party, so long as such Beacon Exchange Modification Documents are 88 consistent with the provisions herein and such other terms and conditions 89 deemed necessary and sufficient by the City Manager and in a form deemed 90 legally sufficient and satisfactory by the City Attorney. 91 92 4. The City Council requests and recommends that the Authority 93 adopt a Resolution consistent with this Ordinance approving and authorizing the 94 execution of the Beacon Exchange Modification Documents, utilizing EDIP funds 95 to fund a portion of the Beacon Exchange, and authorizing the execution of any 96 documents necessary for the implementation of those transactions as are 97 consistent with the provisions herein. 98 99 Adopted by the Council of the City of Virginia Beach, Virginia, on the 100 day of , 2008. APPROVED AS TO CONTENT '00r, Economic Development APPROVED AS TO FICIENCY City Attorney CA10768 V:\apphcatiom\cityla"md\cycom32\ Wpdocs\D021\P004\00070338.DOC R-1. 11/18/08 APPROVED AS TO LEGAL AVAILABILITY OF FUNDS (;')f'fJC4 OQJjjjik Finance Department U• y M� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for five years with Frank T. and Laura R. Mulcahy, husband and wife, for 1.3 acres of City - owned land located off Sheffield Court in Pembroke Meadows MEETING DATE: November 18, 2008 ■ Background: The City owns a 1.3 -acre parcel of land (the "Premises") off Sheffield Court in the Pembroke Meadows subdivision of Virginia Beach, Virginia. Frank T. and Laura R. Mulcahy, husband and wife, own and reside on a lot of land adjacent to the Premises, and would like to lease the Premises from the City. The Premises is used by the City to access a spillway and perform maintenance needs for Lake Pembroke. The Premises was advertised for lease through an RFP process and the Mulcahys' offer was the only response received by the closing date. Their offer meets the desires of the City and the surrounding neighborhood. The Mulcahys will use the Premises solely for passive recreation, picnic and neighborhood functions, and for civic league organization functions. ■ Considerations: This lease would be for a term of five years commencing on December 1, 2008 and expiring November 30, 2013. The City has a thirty -day (30) termination clause in the event the City needs the land prior to the termination of the lease. The City will not be required to maintain the site during the term of the lease. The City will retain the right to use the Premises for access to the spillway, emergencies or other public necessity. ■ Public Information: Advertisement of Public Hearing in The Virginian -Pilot Advertisement of City Council Agenda ■ Alternatives: Approve Lease Agreement as presented, change conditions of the Lease Agreement, or deny leasing of subject premises. 0 Recommendations: Approval ■ Attachments: Ordinance Summary of Terms Lease Location maps Recommended Action: Approval Submitting Department/Agency: Management Services / Facilities Management ice City Manager: • 7,-38" I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FIVE 3 YEARS WITH FRANK T. AND LAURA R. 4 MULCHAHY, HUSBAND AND WIFE, FOR 1.3 5 ACRES OF CITY -OWNED LAND LOCATED OFF 6 SHEFFIELD COURT IN PEMBROKE MEADOWS 7 8 WHEREAS, the City of Virginia Beach ("the City") owns 1.3 acres of land 9 located off Sheffield Court in the Pembroke Meadows subdivision in Virginia 10 Beach, Virginia (the "Premises"); 11 12 WHEREAS, the City's only present use of the Premises is for access to a 13 spillway and serving the maintenance needs of Lake Pembroke; 14 15 WHEREAS, Frank T. and Laura R. Mulcahy, husband and wife, own and 16 reside on a lot adjacent to the Premises and have agreed to pay the City $100.00 17 per year for the use of the Premises for a five-year period; 18 19 WHEREAS, Frank T. and Laura R. Mulcahy, would like to enter into a 20 formal lease arrangement with the City for use of the Premises; 21 22 WHEREAS, the Premises will be utilized by the Mulcahys for passive 23 recreation, picnic and neighborhood functions and for civic league organization 24 functions and for no other purpose; and 25 26 WHEREAS, the City shall retain rights to enter upon the Premises without 27 prior notice to the Mulcahys for emergency or public necessity reasons; 28 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 30 CITY OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute a lease for the term 33 of five years, between Frank T. and Laura R. Mulcahy, husband and wife, and 34 the City, for 1.3 acres of land located off Sheffield Court in the Pembroke 35 Meadows subdivision in Virginia Beach, in accordance with the Summary of 36 Terms attached hereto and such other terms, conditions or modifications as may 37 be acceptable to the City Manager and in a form deemed satisfactory by the City 38 Attorney. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia on the 41 day of , 2008. APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorn CA10769 V:\appGcations\citylawprod\cycom32\Wpdocs\D004\P003\00071477.DOC R-1 November 7, 2008 APPROVED AS TO CONTENT �- " l SUMMARY OF TERMS Lease With Frank T. and Laura P. Mulcahy for a 1.3 -acre City -owned Lot in Pembroke Meadows Subdivision in Virginia Beach, Virginia LESSOR: City of Virginia Beach LESSEE: Frank T. and Laura R. Mulcahy PREMISES: 1.3 acre lot located in the Pembroke Meadows Subdivision in Virginia Beach, Virginia (GPIN 1477-69-9678) TERM: 60 months: December 1, 2008 through November 30, 2013 RENT: $100 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased property solely for passive recreation, picnic and other neighborhood functions and for civil league organization functions and for no other purpose. Maintain leased property. Purchase commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Reserve the right to grant easements and rights-of-way across or upon the leased property for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes. • Reserve the right to enter upon the leased property without notice to the Mulcahys for access to the spillway and for emergency and public necessity purposes. TERMINATION: City may terminate the Lease by giving thirty (30) days' written notice. V:\applications\atyl awprod\cycom32\W pdocs\D007\P004\00071791, DOC THIS LEASE AGREEMENT ("Lease"), rnade this day of , 2008, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "City' or "Lessor," and FRANK T. and LAURA R. MULCAHY, husband and wife, hereinafter referred to as "Lessee." WITNESSETH 1. LEASED PREMISES. That for and in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be observed and performed, Lessor leases to Lessee, and Lessee rents from Lessor, the property (the "Property") shown as shaded area on the map labeled "Exhibit A" attached hereto. 2. RENT. That for and in consideration of the sum of $100, per year, for five (5) years, payable either in a lump sum or in equal annual payments of $100.00 no later than the 5t' of each December, over the term of this Lease (the `Rent"), Lessor does hereby lease and demise unto Lessee the Property. 3. TERM. The term of this Lease shall be for five years commencing December 1, 2008 and expiring November 30, 2013. 4. USE OF PROPERTY — PURPOSES; AS -IS; JOINT AND SEVERAL LIABILITY. Lessee covenants that the Property shall be used solely for picnic and other neighborhood functions. Lessee shall maintain the Property in a reasonable and proper manner. Lessee will allow civic league organizations to use Property. No vehicles will be stored on the Property. This Lease may be terminated on thirty (30) days notice by Lessor to Lessee. Lessee shall use the Property only for the purposes listed herein and any other use thereof, unless necessarily incidental to such listed and allowed uses, shall constitute a breach of this Lease and cause its immediate termination. The Property is leased by Lessor to Lessee "as is," and the sole responsibility for the maintenance and upkeep of the Property shall be with Lessee. Each and every of the persons named above as Lessee shall be bound jointly and severally by the terms, covenants and agreements contained herein. 5. ASSIGNMENT AND SUBLEASE. This Lease may not be assigned or transferred, and the Property shall not be sublet, either in whole or in part, by Lessee without LESSOR's prior written consent. 6. TERMINATION AND RIGHT OF ENTRY BY LESSOR. A. In the event that Lessee shall for any reason be in default of the terms of this Lease, the Lessor may give Lessee written notice of such default by certified mail/return receipt requested at the address set forth in Paragraph 14 of this Lease. Unless otherwise provided, Lessee shall have ten (10) days from the date such notice is mailed in which to cure the default. Upon the occurrence of a default, in addition to all other rights and remedies as provided by law, the Lessor shall have the right to: (a) terminate this Lease, whereupon Lessee shall quit and surrender the Property to the Lessor and Lessee shall remain liable for all Rent that may be due up to the time this Lease terminates or the Lessor takes possession of the Property; (b) reenter and repossess the Property and lock out the Lessee; and/or (c) cure the breach or default at Lessee's sole expense. Lessee shall remain liable for all costs, fees and expenses incurred by the Lessor in curing the default and the same shall be additional Rent payable to Lessor on demand. B. Lessor reserves the right at any time, without prior written notice, to enter upon the Property after it has been determined that an emergency or a public necessity exists. C. The parties acknowledge that Lessor has certain powers, purposes and responsibilities. To discharge its powers, purposes or responsibilities, Lessor shall have the right to require Lessee to immediately dismantle and remove any and all improvements from the Property, within forty-eight hours after notice is given to Lessee. Thereafter, Lessor shall have the exclusive right to enter upon and use the Property, and Lessee shall surrender possession and control thereof to Lessor. D. Further, Lessor reserves the right to terminate this Lease by giving written notice to Lessee at least thirty (30) days prior to the date of termination. All Rent paid in advance shall be refunded. 7. Lessee will keep all equipment and improvements, if any, placed upon the Property by Lessee, in a safe, clean, and orderly condition; will be responsible for all activities on the Property that fall under its control; and will act immediately in response to any notices by Lessor with reference to the foregoing. It is further understood and agreed as part of the consideration hereof, that Lessee shall be responsible for the maintenance and/or.repair of the Property arising out of Lessee's use of the Property. Should any maintenance and/or repair work be deemed necessary, then the decision of Lessor as to the scope of the required work and the amount of such liability shall control and be binding on Lessee. 8. LESSOR'S RIGHT TO GRANT EASEMENTS. Lessor reserves the right to grant easements and rights of way across or upon the Property, for streets, alleys, N public highways, drainage, utilities, telephone and telegraph transmissions lines, pipelines, irrigation canals, and similar purposes. 9. INDEMNIFICATION/INSURANCE BY LESSEE. Lessee shall indemnify and save harmless Lessor and all its officials, agents and employees from and against all losses and expenses incurred because of claims, demands, payments, suits, actions, recoveries, and judgments of every nature and description brought or recovered against them by reason of any injuries to property or person, including death, occurring on the Property, arising out of or in connection with Lessee's use of the Property. During the term of this Lease, Lessee shall obtain and keep in force the following policies of insurance: A) Worker's Compensation Insurance as required under Title 65.2 of the Code of Virginia. B) Commercial General Liability Insurance in an amount not less than one million dollars ($1,000,000) combined single limits (CSL).: Such insurance shall name LESSOR as an additional insured. C) Automobile Liability Insurance including coverage for non -owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits (CSL). All policies of insurance required herein shall be written by insurance companies licensed to conduct the business of insurance in the Commonwealth of Virginia, shall be acceptable to Lessor, and shall carry the provision that the insurance will not be canceled or materially modified without thirty days (30) prior written notice to Lessor. Lessee shall provide Lessor a certificate evidencing the existence of such insurance. 4 10. APPLICABLE LAW. This Lease shall be deemed to be a Virginia Lease and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Lease shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. 11. COMPLIANCE WITH ALL LAWS. Lessee shall comply with all laws, rules and regulations of LESSOR and all other governmental authorities respecting the use, operation and activities on the Property, including all applicable environmental laws, and shall not make or be a party to any unlawful, improper or offensive use of such premises or nuisance thereon. Any costs associated with violations of the law including, but not limited to, remediations, clean up costs, fines, administrative or civil penalties or charges, and third party claims imposed on the City by any regulatory agency or by any third party as a . result of the noncompliance with federal, state or local environmental laws and regulations or nuisance statutes by the Lessee or by its employees, contractors, consultants, subconsultants, or any other persons, corporations or legal entities retained by it for the leased Property, shall be paid by the Lessee. It is, expressly understood and agreed that Lessee, in no way, represents or acts on behalf of Lessor or any department thereof. 12. VENUE. Any and all suits for any claims or for any and every breach or dispute arising out of this Lease shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. 5 13. INVALIDITY. If any section, paragraph, subparagraph, sentence, clause or phrase of this Lease shall be declared or judged invalid or unconstitutional, such adjudication shall not affect the other sections, paragraphs, sentences, clauses or phrases. 14. NOTICES. Any notice which may be or is required to be given pursuant to the provisions of this Lease shall be delivered or sent by certified mail, prepaid, return receipt requested, and addressed as follows: If to Lessee, to: Frank T. and Laura R. Mulcahy 600 Sheffield Court Virginia Beach, VA 23451 If to Lessor, to: Facilities Management Office 2424 Courthouse Drive, Room 228 Municipal Center, Building 18 Virginia Beach, VA 23456 With copy to: Virginia Beach City Attorney Attn: Erin T. Stubbe 2401 Courthouse Drive, Building 1, Room 260 Virginia Beach, VA 23456 15. ENTIRE AGREEMENT. This Lease contains the entire agreement between the parties hereto and may not be modified orally or in any manner other than an agreement in writing, signed by all the parties hereto and their respective successors in interest. This Lease shall inure to the benefit of and be binding upon the respective heirs, legal representatives, successors, and permitted assigns of the parties hereto. The headings in this Lease are for convenience only and are not a part of this Lease and do not in any way define, limit, describe or amplify the terms and provisions of this Lease or the scope or intent thereof. 16. SURVIVAL. The representations, warranties, and agreements of the parties contained in this Lease and in all other documents delivered in connection with this Lease shall survive the expiration or sooner termination of this Lease. 17. HOLDOVER. If Lessee fails to surrender the Property on the date that the Term of this Lease expires or terminates, Lessee's continued occupancy shall be deemed to be a tenancy -at -will (and not a tenancy from month-to-month or from year- to-year) cancelable by Lessor upon 48 hours prior oral or written notice, and such tenancy shall be subject to all of the provisions of this Lease, except that Rent during the holdover tenancy shall be equal to twice the Rent in effect immediately prior to the end of the Term. IN WITNESS WHEREOF, the parties hereto have each caused this Lease to be executed by their proper representatives as of the day and year first above written, pursuant to due authority. [SIGNATURES ON FOLLOWING PAGE] 7 Lesso r: CITY OF VIRGINIA BEACH A (SEAL) ATTEST: Ruth Hodges Fraser City Clerk City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 20 , by , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, on its behalf. Notary Public My Commission Expires: My Registration Number: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of ,20 , by Ruth Hodges Fraser, City Clerk of the City of Virginia Beach, on its behalf. Notary Public My Commission Expires: My Registration Number: Lessee: FRANK T. MULCAHY LAURA R. MULCAHY STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 920 , by Frank T. Mulcahy, Lessee. Notary Public My Commission Expires: My Registration Number: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 020 , by Laura R. Mulcahy, Lessee. My Commission Expires: My Registration Number: Notary Public 10 4� <o CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Lake Wesley located at the rear of 468 Southside Road, by Gary W. London and Marleta K. London MEETING DATE: November 18, 2008 ■ Background: Gary W. London and Marleta K. London have requested permission to construct and maintain a portion of a fixed pier, a boat lift, an aluminum ramp, a floating pier and mooring piles in a portion of City property known as Lake Wesley, located at the rear of 468 Southside Road, Virginia Beach, Virginia. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Lake Wesley. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15 foot wide vegetated riparian buffer area consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline adjoining the applicants' property is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachments. The applicants have submitted a plan for establishing a 15 foot wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/ Environmental Management Center. ■ Public Information: Advertisement of City Council Agenda. ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate City Manager: V ,X6-41 1)1-'0- 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS LAKE WESLEY LOCATED 7 AT THE REAR OF 468 SOUTHSIDE 8 ROAD BY GARY W. LONDON AND 9 MARLETA K. LONDON 10 11 WHEREAS, Gary W. London and Marleta K. London desire to construct and 12 maintain temporary encroachments for a portion of a fixed pier, a boat lift, an aluminum 13 ramp, a floating pier and mooring piles upon a portion of the City's property known as Lake 14 Wesley, located at the rear of 468 Southside Road in the City of Virginia Beach, Virginia; 15 and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 24 and 15.2-2107, Code of Virginia, 1950, as amended, Gary W. London and Marleta K. 25 London, their heirs, assigns and successors in title are authorized to construct and 26 maintain temporary encroachments for a portion of a fixed pier, a boat lift, an aluminum 27 ramp, a floating pier and mooring piles in a portion of the City's property as shown on the 28 map marked Exhibit "A" and entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR 29 GARY W. AND MARLETA K. LONDON LOT 10, BLOCK B, RUDEE HEIGHTS BEACH 30 DISTRICT VIRGINIA BEACH, VA," a copy of which is on file in the Department of Public 31 Works and to which reference is made for a more particular description; and 32 33 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 34 subject to those terms, conditions and criteria contained in the Agreement between the 35 City of Virginia Beach and Gary W. London and Marleta K. London (the "Agreement"), 36 which is attached hereto and incorporated by reference; and 37 38 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 39 hereby authorized to execute the Agreement; and 40 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 42 time as Gary W. London and Marleta K. London and the City Manager or his authorized 43 designee executes the Agreement. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 46 2008. CA -10758 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA10758 London Ordiance.doc V:\applications\citylawprod\cycom32\W pdocs\D019\P004\00067674.DOC R-1 PREPARED: 10/16/08 APPROVED AS TO CONTENTS (" ova PVb-LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of , 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GARY W. LONDON AND MARLETA K. LONDON, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESS ETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "B-10" as shown on that certain plat entitled: "PHYSICAL SURVEY OF A PORTION OF LOT B-10 BEING THE BENJAMIN Y. & ELLA M. PORTER PROPERTY M.B. 7 PG. 169, M.B. 26 PG. 57, D.B. 1003 PG 624, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA" and said plat is attached to and recorded with that certain Deed and Easement recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2847, at page 1886, and being further designated, known, and described as 468 Southside Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a portion of a fixed pier, a boat lift, an aluminum ramp, a floating pier and mooring piles, collectively, the "Temporary Encroachment", in the City of Virginia Beach; GPIN'S: 2427-20-2474-0000 and 2427-20-3411-0000 2427-20-7891-0000 (Lake Wesley) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "EXHIBIT 'A' -- ENCROACHMENT REQUEST FOR GARY W. AND MARLETA K. LONDON LOT 10, BLOCK B, RUDEE HEIGHTS BEACH DISTRICT VIRGINIA BEACH, VA," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and 2 that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a t] Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the rd Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Gary W. London and Marleta K. London, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS -PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH a STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: City Manager/Authorized Designee of the City Manager (SEAL) The foregoing instrument was acknowledged before me this day of 2008, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2008, by CITY CLERKIAUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: on Notary Public (SEAL) Ga,,&_.1X-ondon A/. ?rleta K. • •• STATE OF CITY/COUNTY OF J�inia, AParh , to -wit: The foregoing instrument was acknowledged before me this I ifi day of �6 1CL , 200, by Gary W. London. Notary Registration Number: 70715oo FeEoffiffoaft" Ey yAYM BROWN Notary Fume My Commission Expires: g tt� 3o, aolo Comic we O1 V0'0a MING Mv 30.2010 STATE OF CITY/COUNTY OF y;ro;n,a, Reach , to -wit: The foregoing instrument was acknowledged before me this fflih day of Ai mub , 200 9 , by Marleta K. London. Ili r Notary Registration Number: 1RACV TAMN Mtn No" FW34C My Commission Expires: 5epbxwLer 30, aolo Co dN► of YWOtr4 f071i00 Carr�MNloe 6tpNurIsP30.20140 APPROVED AS TO CONTENTS %WA- C GlaxA, IGNATURE PW h4i FSS DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM X:\Projects\Encroachments\Applicants\London, Gary & Marleta - Southside Pier & Mooring\Council PackagelAgreement Encroachment(2).doc 7 � T1t cn O 20'_1_ 2 "110' TO CHANNEL 123' TO CHANNEL 4'x 14' ALUM. RAMF7m YLW I AM H14 W �'i (•. All 15' WIDE AREA OF BUFFER RESTORATION w V) w N ro V CN U)4 a 0 a ED=�j aC� w �_ N o a- . o J t p N D om � Z m m CD a • MOORING PILES (TYP) PROPOSED FLOATING PIER 18' 20' o- � 12' x 12' BOAT LIFT i x 5' x 15' PAVER PATH LOT B10 GPIN: 2427-20-2474-0000 INST. #200502040019979–PLAT 2–STY–FR #468 LAKE WESLEY GPIN: 2427-20-7891 —EBB S FLOOD –0� EX. PIER a I MOORING PILE (TYP) TT\ GPIN: 2427-20-3411 -- INST. #20081014001194300 INST. #200502040019979–PLAT PIN(F) AT 134.00' LOT 89 F. MASON GAMAGE, TRUST GPIN: 2427-20-2305 INST. #200302050016911 IPF I N 3+03-A8" E 79.83' 1 SOUTHSIDE ROAD (50' R/W) rn N 3 rn co Lo t9 BUFFER RESTORATION: REMOVE TURF TO A DEPTH OF 6", PLACE 4-6" OF MULCH AND PLANT WITH WOODY VEGETATION AND BAYSCAPE PLANTINGS LINE TABLE LINE BEARING DISTANCE L1 S 49'51'38" W 32.22' L2 IN 16'43'08" E 31.54' L3 I S 52-29'52- W 19.85' BOUNDARY REFERENCE FOR L1 TO L3: (D.B. 2847 PG. 1886-1890) IPF 0 30' 60' 1' = 30' WATERFRONT EXHIBIT 'A' — ENCROACHMENT REQUEST FOR CONSULTING, INC GARY W. and MARLETA K. LONDON 1112 JENSEN DRIVE, STE. 206 LOT 10, BLOCK B, RUDEE HEIGHTS VIRGINIA BEACH, VA 23451 PHONE/FAX: (757) 425-8244 BEACH DISTRICT VIRGINIA BEACH, VA INST. #20081014001194300 DATE.: OCTOBER 10, 2008 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving the Design for the Salem Road/Princess Anne Road Intersection Improvement Project, CIP 2-150, VDOT Project No. 0000-134-185, UPC 84132 MEETING DATE: November 18, 2008 ■ Background: The Salem Road/Princess Anne Intersection Improvement Project will provide for the design and construction of an additional lane on the Windsor Oaks Boulevard approach and Salem Road approach. The Salem Road approach will be reconfigured for dual left turn lanes, one thru lane, and one right turn lane. The Windsor Oaks Boulevard approach will be reconfigured for one left turn lane, two thru lanes, and one right turn lane. The project first appeared in the FY 2007-08 CIP. On February 27, 2007, City Council adopted an ordinance to accept a Federal Congestion Mitigation Air Quality (CMAQ) Grant totaling $900,000 with $300,000 appropriated in FY 2006-07 and the remaining $600,000 in FY 2007-08. A Standard Project Administration Agreement was signed and executed for the project, on April 30, 2007. As a requirement of the agreement, the City must approve the design in the form of a Council Resolution. A Willingness to hold a Public Hearing for the project was posted and expired August 15, 2008. Two property owners within the vicinity of the project requested a public hearing. A meeting was held with the two property owners on September 11, 2008 and questions were satisfactorily answered, therefore a public hearing was not held. ■ Considerations: This resolution approving the design is required by Standard Project Administration Agreement authorizing right of way acquisition for the project. Land required for improvements planned, will be acquired from the City of Virginia Beach and the U.S. Navy. ■ Public Information: A Willingness to hold a Public Hearing was published in the local newspaper on July 31, 2008 and August 10, 2008. The property owners and civic league groups within the vicinity of the project were notified of the public notice by mail. ■ Alternatives: Do not adopt the resolution. The project will be delayed with potential of losing the CMAQ funding. ■ Recommendations: Adopt the resolution approving the design for the project, thus allowing right of way acquisition to begin. Construction is scheduled to begin October 2009 and be completed in April 2010. This is based on completion of right of way acquisition and private utility adjustments. ■ Attachments: Ordinance, Location Map Recommended Action: Adopt Resolution Submitting Department/Agency: Public Works/Enginerin •g City Manage '�s h"' -"r? f, wtn 1 A RESOLUTION APPROVING THE DESIGN 2 FOR THE SALEM ROAD/PRINCESS ANNE 3 ROAD INTERSECTION IMPROVEMENT 4 PROJECT, CIP 2-150, VDOT PROJECT 5 NUMBER 00000-134-185, UPC 84132 6 7 WHEREAS, the City of Virginia Beach has previously requested the Department of 8 Transportation (VDOT) to program this project; and 9 10 WHEREAS, a "Notice of Willingness to Hold a Public Hearing" was posted for the 11 purpose of considering the design features for Salem Road/Princess Anne Road 12 Intersection Improvement Project, CIP 2-150, VDOT Project No. 0000-134-185 in the City 13 of Virginia Beach; and 14 15 WHEREAS, all inquiries were satisfactorily answered, so that a public hearing is not 16 required; now 17 18 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 19 VIRGINIA: 20 21 That the major design features of the proposed project as presently designed are 22 approved; and 23 24 BE IT FURTHER RESOLVED that the City of Virginia Beach will acquire the 25 necessary rights of way for this project and certify same to the Department (VDOT) at the 26 appropriate time. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 29 , 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works ity Att ney's Office CA 10900 R-1 October 22, 2008 N —7r �`'CJ � ON RipGE 1 R S YpRKT f ownt 8L ---- D < v' C3 o RFt� A C RE' ppS Rp t�Q ' PROJECT LOCATION a � PRINCESS ANNE ROAD/SALEM ROAD INTERSECTION IMPROVEMENTS CIP 2-150 200 400 800 Fe 0 Prepared by P.W./Eng./Eng. Support Services Bureau 10/21/08 X:\Projects\ARC Files\Agenda Maps\PA - Salem i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Forestry and Department of Conservation and Recreation MEETING DATE: November 18. 2008 ■ Background: The Department of Parks and Recreation, Landscape Management Division, has been awarded a $3,000 grant for an Urban Tree Canopy Analysis project by the Virginia Department of Forestry and Department of Conservation and Recreation. This grant represents a full award of the original request, and our City was among only five communities state-wide to be selected to receive this funding. The grant is designed to assist local governments in determining the current urban tree canopy and to set goals to improve water quality (through rainfall interception, pollutant removal, and shading of streams and impervious surfaces) by increasing tree canopy. Urban tree canopy is a system of trees and associated plants that grow in the city on public and private lands. This system includes the layer of leaves, branches, and stems of trees that cover the ground when viewed from above. The benefits of urban trees include improving water quality, reducing air pollution, reducing erosion, saving energy costs, and improving real estate values. The City of Virginia Beach has never conducted an urban tree canopy analysis and, therefore, has no data to indicate the percentage of tree canopy. Assessing Virginia Beach's percentage of tree canopy will provide a baseline, which will allow staff to quantify needs and identify potential future tree planting sites. ■ Considerations: The $3,000 local grant may be used to fund software, travel, and materials. In addition, the Department of Forestry will also be temporarily assigning a GIS specialist, along with satellite imagery of Virginia Beach, to assist with the tree canopy analysis. The grant requires an in-kind match of existing staff support. ■ Public Information: Public information will be coordinated through the traditional Council agenda process. ■ Attachments: Ordinance Recommended Action: Adoption of ordinance Submitting Department/Agency: Department of Parks and Recreationjhtda&*7,_ City Manager. S �- 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF FORESTRY AND DEPARTMENT OF CONSERVATION AND RECREATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $3,000 is hereby accepted from the Virginia Department of Forestry and Department of Conservation and Recreation and appropriated to the FY 2008-09 Department of Parks and Recreation Operating Budget for an Urban Tree Canopy Analysis, with State revenues increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the day Of .2008. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: �f2& Management Services CA10910 R-2 November 4, 2008 APPROVED AS TO LEGAL SUFFICIENCY: l y Attor 's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept Equipment from the Virginia Department of Emergency Management Grant Office MEETING DATE: November 18, 2008 ■ Background: The Public Safety Interoperable Communications (PSIC) grant has been allocated by the United States Department of Homeland Securities (DHS) Federal Emergency Management Agency and is administered by the Virginia Department of Emergency Management. This grant awards interoperable gateway switches, cables, radios, and accessories. The purpose of the grant is to: • Eliminate technical and dispatcher intervention between Incident Commanders and other responding agencies; • Provide communication equipment to link two or more communication systems at the scene of an incident; and • Improve interoperable communications in high risk natural disaster and terrorism threat areas. ■ Considerations: The Department of Communications and Information Technology Emergency Communication and Citizen Services Division, in conjunction with the Hampton Roads Interoperable Communications Advisory Committee (HRICAC), will provide the required support, analysis and project management. The PSIC grant requires a 20% in-kind match. Based on the total project costs, this amount is $10,348. HRICAC has recommended using the in-kind match funds to purchase supplemental radio equipment. Capital Improvement Project (CIP) 3-281, Communications Infrastructure Replacement, has sufficient funding appropriated to accommodate the match. If the grant award should be reduced, the grant appropriations will also be reduced. ■ Public Information: Public Information would be handled through the normal Council Agenda public information process. ■ Alternatives: An alternative would be to maintain the present communication system. By continuing present practices, optimal regional emergency interoperability would not be achieved; moreover future available funding is uncertain. ■ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Communications and Information Technology (ComIT City Manager: t , r 1 AN ORDINANCE TO ACCEPT EQUIPMENT FROM 2 THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT GRANT OFFICE 4 5 6 WHEREAS, $10,348 is available for an in-kind match from previously 7 appropriated funds in CIP 3-281, Communications Infrastructure Replacement. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That a tactical audio switch and radio equipment valued at $41,389 are hereby 13 accepted from the Virginia Department of, Emergency Management Grant Management 14 Office and appropriated to the Communications and Information Technology 15 Department to equip incident command jurisdictions. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2008. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: Management Services CA10908 R-3 November 5, 2008 APPROVED AS TO LEGAL SUFFICIENCY: l__; ity A rr ey s O ice �5•iiiii33 tl � _ �S3 e✓ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Donation from Firehouse Subs Public Safety Foundation MEETING DATE: November 18, 2008 ■ Background: The Firehouse Subs Public Safety Foundation (FSPSF) makes donations for the purpose of providing fire prevention and education to the public. Recently, the Fire Department was notified that it would receive a donation from FSPSF. The donation includes The Model -Tech Hazard House and components. It will be used to enhance prevention education for the Fire Department's Life Safety Education Office. It was purchased directly by FSPSF and shipped to the Fire Department. The Model -Tech Hazard House is a modular educational system that allows the public safety agency to purchase selected portions of the system. This house will serve as a tool to teach students and adults (pre-school through senior citizens) how fires can start in a home and how to prevent them. This demonstration unit is the size of a doll house and will be transported inside the existing life safety van to the teaching sites. When not in use, it will be stored in a closet at the Fire Training Center. The value of the donation is $11,986. ■ Considerations: This donation is awarded by the Firehouse Subs Public Safety Foundation. There is no local match required for this program. The performance period is October 1, 2008 to September 30, 2009 for obligation of funds. October 10, 2009 is the deadline to complete expenditures and finalize the close out reporting process. ■ Public Information: Public Information will be handled through the normal Council agenda process. ■ Alternatives: The Fire Department lacks the funds to purchase this equipment. ■ Recommendations: Accept the donation from FSPFS of the Model -Tech Hazard House and selected components to enhance the capabilities of the Fire Departments Life Safety Education Office. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager; jVV--4% �_ '�Sr 1 AN ORDINANCE TO ACCEPT A DONATION FROM 2 FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 That a Model -Tech Hazard House with component parts valued at $11,986 is 6 hereby accepted from Firehouse Subs Public Safety Foundation to be used by the Virginia 7 Beach Fire Department's Life Safety Education Office to enhance the existing fire 8 prevention and education program provided to the public. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2008. Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Management Services CA10902 R-2 November 4, 2008 Approved as to Legal Sufficiency: a y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from FEMA Related to Deployments of the Virginia Task Force -2 (VA -TF 2) Urban Search and Rescue Team and to Reduce Appropriations and Estimated Revenues to the FY 2006-07 FEMA Cooperative Agreement Grant MEETING DATE: November 18, 2008 ■ Background: The City of Virginia Beach is the sponsoring agency for VA -TF 2, FEMA Urban Search and Rescue Team. Individuals as well as the team were activated to assist the States of Texas and Louisiana for the followiu storms: o Tropical Storm Dolly from July 21st to July 25t , o Hurricane Gustav from August 29th to September 6th, and o Hurricane Ike from September 6th to September 19tH After activation and deployment, FEMA provides funding to reimburse participants for eligible equipment, supplies and overtime supporting these deployments (from activation through demobilization). FEMA has sent the City the award forms containing the authorized spending limits for each deployment ($28,000 for Tropical Storm Dolly, $1,112,000 for Hurricane Gustav and $1,172,000 for Hurricane Ike). Also, the FY 2006-07 FEMA Cooperative Agreement grant for the development and maintenance of the VA -TF 2 as part of the National Urban Search and Rescue Response System resources requires reduction by $1,213,981. This adjustment will bring the grant amount back to its authorized limit of $802,500. ■ Considerations: As the sponsoring agency, the City of Virginia Beach Fire Department is responsible for administrative and fiscal management of the team and its assets. Consistent with previous deployments, DHS/FEMA had authorized the reimbursement of all eligible expenses related to activation, mobilization, deployment and demobilization of VA -TF 2. The Fire Department has finalized expenditure reporting for Tropical Storm Dolly actual cost of $5,099, and is compiling the expenditures for Hurricanes Gustav and Ike. Cost estimates are $750,000 for Hurricane Gustav and $1,172,000 for Hurricane Ike. The reduction in appropriations and estimated revenues to the FY 2006-07 FEMA Cooperative Agreement Grant is required in order to finalize and close out the grant expenditures with FEMA. ■ Public Information: Public Information will be handled through the normal agenda process. ■ Alternatives: The City's designation as sponsoring agency for FEMA VA-TF2 is a pre -arranged relationship and an obligation between the City of Virginia Beach and DHS/FEMA. ■ Recommendations: Approve and appropriate the following amounts to cover expenses of VA-TF2 for the assistance of the Search and Rescue Plans related to Tropical Storm Dolly, Hurricane Gustav and Hurricane Ike: o $5,099 for Tropical Storm Dolly, o $750,000 for Hurricane Gustav, and o $1,172,000 for Hurricane Ike. Reduce the FEMA Cooperative Agreement grant for the development and maintenance of VA-TF2 for FY 2006-07 by $1,213,981. ■ Attachments: Ordinance Recommended Action: Approval of ordinance. Submitting Department/Agen y: Fire Department )pn City Managers�- ,� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM FEMA RELATED TO DEPLOYMENTS 3 OF THE VIRGINIA TASK FORCE -2 (VA-TF2) URBAN 4 SEARCH AND RESCUE TEAM AND TO REDUCE 5 APPROPRIATIONS AND ESTIMATED REVENUES 6 TO THE FY 2006-07 FEMA COOPERATIVE 7 AGREEMENT GRANT 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 1) (a) Funds are hereby accepted from the U.S. Department of Homeland 13 Security, Federal Emergency Management Agency for costs related to 14 deployments of VA-TF2 Team for Tropical Storm Dolly, Hurricane Gustav, 15 and Hurricane Ike, in the amounts of $5,099 for Tropical Storm Dolly, 16 $750,000 for Hurricane Gustav, and $1,172,000 for Hurricane Ike, with 17 estimated revenues increased accordingly. 18 19 (b) Appropriations to the FY 2008-09 Operating Budget of the Fire 20 Department for costs related to deployments of VA-TF2 team for Tropical 21 Storm Dolly, Hurricane Gustav, and Hurricane Ike, are hereby increased by 22 $5,099 for Tropical Storm Dolly, $750,000 for Hurricane Gustav, and 23 $1,172,000 for Hurricane Ike. 24 25 2) Appropriations and estimated revenues to the FY 2006-07 FEMA 26 Cooperative Agreement Grant for development and maintenance of VA-TF2 27 are hereby reduced by $1,213,981 to match the authorization by FEMA of 28 $802,500. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2008. Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Management Services CA10911 R-3 November 4, 2008 Approved as to Legal Sufficiency: i y A �t tdm 6y's Office rr '�H iffy y�•�M�J` jj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the FEMA Assistance to Firefighters Grant (AFG) and to Appropriate and Transfer Funds from the EMS Four -for -Life Special Revenue Fund MEETING DATE: November 18, 2008 ■ Background: The U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant (AFG) provides financial assistance directly to nonaffiliated EMS organizations to enhance their abilities with respect to training and emergency response equipment needs. The AFG seeks to support organizations that provide tools and resources necessary to protect the health and safety of the public and emergency response personnel. The Department of Emergency Medical Services has been awarded an AFG in FY 2008 totaling $70,370 (comprised of $56,296 in federal funds and $14,074 in local match funds) to purchase additional training, medical supplies and training equipment (such as glide -scope airway equipment and defibrillators). This equipment is intended to enhance medical training capabilities that will be shared with volunteer rescue squad, career medics and firefighters to increase medical proficiencies. ■ Considerations: These grant funds are strictly governed by provisions of the Federal Homeland Security grant process to purchase additional or enhanced equipment or to fulfill training needs and may not be used to offset current services. The grant requires a 20% local match of $14,074, which will be funded through the appropriation and transfer of funds from the fund balance of the EMS State Four -For - Life Special Revenue Fund to the Department of Emergency Medical Services' FY 2008-09 Operating Budget in the Grants Consolidated Fund. ■ Public Information: Public Information will be handled through the normal Council agenda process. ■ Recommendations: Accept and appropriate $56,296 Assistance to Firefighters Grant from the U.S. Department of Homeland Security and appropriate and transfer a local match of $14,074 from the fund balance of the EMS Four -For -Life Special Revenue Fund to the Department of Emergency Medical Services' FY 2008-09 Operating Budget. ■ Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlA ency: Department of Emergency Medical Services City Manager, ��yy, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE FEMA ASSISTANCE TO 3 FIREFIGHTERS GRANT (AFG) AND TO 4 APPROPRIATE AND TRANSFER FUNDS FROM THE 5 EMS FOUR -FOR -LIFE SPECIAL REVENUE FUND 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1) Funds are hereby accepted from the United States Department of Homeland 11 Security, Federal Emergency Management Agency in the amount of $56,296 12 and appropriated to the FY 2008-09 Operating Budget of the Department of 13 Emergency Medical Services in the Grants Consolidated Fund, with 14 estimated federal revenues increased accordingly. 15 16 2) To provide the required 20% match for the federal grant, funds totaling 17 $14,074 are hereby appropriated and transferred from the fund balance of 18 the Emergency Medical Services Four -For -Life Special Revenue Fund to the 19 FY 2008-09 Operating Budget of the Department of Emergency Medical 20 Services in the Grants Consolidated Fund for the purchase of additional 21 training, medical supplies and training equipment. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2008. Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content Management Services CA10903 R-2 November 4, 2008 Approved as to Legal Sufficiency Gt-y Att y's Office min OW rk ,t ,.- Q}��� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept Funds from the Virginia Department of Health and to Appropriate and Transfer Funds from the Fund Balance of the EMS Four -for -Life Special Revenue Fund MEETING DATE: November 18, 2008 ■ Background: The General Assembly established the Four -for -Life program for the purpose of providing financial assistance to volunteer rescue squads and municipal EMS agencies to fund EMS programs and projects. As required by Virginia Code § 46.2-694(13), the Four -for -Life program collects four additional dollars on each state automobile license purchased annually. Twenty five (25) percent of these funds collected are returned to the municipality for equipment and supplies intended to enhance rescue/medical capabilities that will be shared with volunteer rescue squads, career medics and firefighters, alike, to increase medical proficiencies and to enhanced training and equipment. During the FY 2008 funding cycle, the Virginia Department of Health, Office of Emergency Medical Services modified their revenue distribution process resulting in a one time increase in revenue of $250,237 to the City for FY 2008 (see attached award letter). In addition, the initial State allocation exceeded the amount budgeted by $52,679. Both allocations total $302,916 and, with interest income earned for the year, are reflected in the June 30, 2008 fund balance (unaudited figure) in the EMS Four -for - Life Special Revenue Fund of $356,563. To comply with State policy, the $302,916 must be formally accepted by City Council. The Department of Emergency Medical Services recommends using $342,489 from this fund balance to purchase additional equipment and supplies to enhance rescue%medical capabilities that will be shared with volunteer rescue squads, career medics and firefighters. The remainder of the fund balance ($14,074) is recommended for appropriation and transfer as a grant match for a Homeland Security grant for the purchase of additional training, medical supplies and training equipment; this request is submitted to City Council in a second agenda item for November 18, 2008. ■ Considerations: The State Four -for -Life funds are strictly governed by State Code to purchase additional or enhanced equipment or training needs and may not be used to offset current services. The additional funds from FY 2008 must first. be accepted from the State and then utilized in time to meet the State's expenditure reporting requirements. As an effort to streamline the accounting of revenue and appropriations, City staff have been reducing and consolidating the various special revenue funds where possible. The EMS Four -for -Life Special Revenue Fund is being closed out. As of FY 2008-09, State Four -for -Life allocations are being budgeted in the Grants Consolidated Fund. As such, the fund balance of the EMS Four -For -Life Special Revenue Fund requires appropriation and then transfer to the Department of Emergency Medical Services' FY 2008-09 Operating Budget in the Grants Consolidated Fund. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Alternatives: ■ Decline the additional funding, delay purchases and funding is reverted to the State government. • Accept the additional funding and purchase necessary equipment ■ Recommendations: Accept the additional State Four -For -Life funding from FY 2008, and appropriate and transfer $342,489 from the fund balance of the EMS State Four -For -Life Special Revenue Fund to the Department of Emergency Medical Services' FY 2008-09 Operating Budget in the Grants Consolidated Fund for rescue, medical and training purchases. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager: Medical supplies • E -Z 10 drills: The EZ -100 Intraosseous Infusion system is a complete solution for immediate vascular access in all patients larger than 3 kg. These devices are used to provide an avenue to administer drugs directly into the bone. (Resource for all ERS medics) • Glide scopes: The GlideScope® Ranger Video Laryngoscope provides a clear, real-time view of the airway and tube placement—ideal for EMS professionals. These devices are used to provide primary airway access during certain cardiac arrest patients. (Resource for all ERS medics) • King airways: King Systems' KING LT® airways are the industry's first supraglottic airway devices designed for positive pressure ventilation over 30 cm H2O as well as for spontaneous breathing. These devices are also alternative airways devices, which provide medics an airway access when the initial airway device is unable to properly function. These devices are particularly useful during trauma emergencies. (Resource for all ERS medics) • Pro-pac -patient monitoring: These devices are used to monitor the critical vital signs. Designed for bedside procedures, ambulatory monitoring, intrahospital and helicopter transports. COMIT/ Radio equipment: • Provide 800 MHz/ Vhf radio and mobile data terminal equipment to furnish the EMS and Police rooms located at the new Great Neck Rescue Station 8. • Provide Computers, and COMIT services to the EMS and Police rooms located at the new Great Neck Rescue Station 8. • Additional 800 MHz/ Vhf radio and mobile data terminal equipment for the additional unit purchased by the Virginia Beach Rescue Squad housed at the Great Neck Rescue Station 8 Training Equipment: Testing equipment to outfit two additional skill rooms: These additional skill rooms are to meet the increasing demand and meet newly instituted training practical requirements by the Virginia Department of Health (Resource for all ERS medics) (Note: this list is extensive which includes stretcher, splints and monitors and airways) Training Audio/ Visual & classroom/skill room equipment To outfit the additional classrooms and skill stations with audio / visual equipment to address current training requirements. (Resource for all ERS medics) Trainina Supplies Additional training supplies including Basic /Advanced Life support books and supplies to address the increase demand for certain training courses. (Resource for all ERS medics) Protective Apparel Purchase certain protective apparel to meet new Federal Department of Transportation requirements. 1 AN ORDINANCE TO ACCEPT FUNDS FROM THE 2 VIRGINIA DEPARTMENT OF HEALTH AND TO 3 APPROPRIATE AND TRANSFER FUNDS FROM THE 4 FUND BALANCE OF THE EMS FOUR -FOR -LIFE 5 SPECIAL REVENUE FUND 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1) Funds are hereby accepted from the Virginia Department of Health, Office of 11 Emergency Medical Services in the amount of $302,916, which are reflected 12 in the June 30, 2008 fund balance of the EMS Four -Four -Life Special 13 Revenue Fund. 14 15 2) $342,489 is hereby appropriated and transferred from the fund balance of 16 the EMS Four -For -Life Special Revenue Fund to the FY 2008-09 Operating 17 Budget of the Department of Emergency Medical Services in the Grants 18 Consolidated Fund for rescue, medical and training purchases, with 19 estimated revenues increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the day of .2008. Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Management Services CA10904 R-3 November 7, 2008 Approved as to Legal Sufficiency: J ity Attorney's Office jj CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Virginia Department of Criminal Justice Services MEETING DATE: November 18, 2008 ■ Background: The Virginia Department of Criminal Justice Services has awarded the Virginia Beach Police Department a $29,190 grant through the Federal Law Enforcement Terrorism Prevention Program. This grant will be used to purchase equipment and technology that will enable the Police Department's Special Investigations Unit to detect, deter, and disrupt acts of terrorism, specifically cyber crime, through computer evidence recovery. ■ Considerations: No match is required for this grant. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Alternatives: No other funding is available for this equipment. ■ Recommendations: It is recommended that the ordinance be approved. ■ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Police Department �c 7-,� City Manager: V `t6" 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $29,190 is hereby accepted from the Department of Criminal Justice Services and appropriated to the FY 2008-09 Police Department Operating Budget for equipment to enable the Police Department's Special Investigative Unit to prevent or respond to potential acts of terrorism, with estimated revenues increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2008. Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Management Services CA10914 R-2 November 5, 2008 Approved as to Legal Sufficiency: ity Att ey's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the DEA Shared Asset Special Revenue Fund MEETING DATE: November 18, 2008 ■ Background: The Police Department requests the use of DEA shared asset funds to install fiber lines to the Second Precinct that will provide high-speed network connectivity and improve both voice and data transmission. The Police funding portion is 33% ($20,064) of the total cost of the fiber installation that also includes Libraries, Convention and Visitor Bureau, Fire, and EMS facilities in near proximity to each other at the oceanfront. The Department of Communications and Information Technology has funding available to provide the necessary network and telecommunication equipment. The Police Department also requests the use of DEA shared asset funds to replace four police canines over the next several months at a total cost of $26,000. ■ Considerations: Funds are available in the fund balance of the Police Department's DEA Seized Property Special Revenue Fund that provides monetary resources to assist the Department in accomplishing its mission. The fiber connection will alleviate occasional telephone service interruptions and slow transmission of data over the City's network. Without replacement canines, the Canine Unit will be short-staffed and sometimes unavailable. ■ Public Information: Public information will be handfed through the normal Council agenda process. ■ Alternatives: No other funding is available for the needed technology and to replace the canines. ■ Recommendations: It is recommended that the ordinance be approved. ■ Attachments: Ordinance Recommended Action: Approve Ordinance Submitting Department/Agency: Police Department^ City Manager: �--. - 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 DEA SHARED ASSET SPECIAL REVENUE FUND 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That $46,064 is hereby appropriated from fund balance in the FY 2008-09 DEA 8 Seized Property Special Revenue Fund to improve communication technology in the Police 9 Department and to replace police canines. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2008. Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: B " a Management Services CA10913 R-2 November 5, 2008 Approved as to Legal Sufficiency: City Atty's Office L. PLANNING Application of CHRISTINE PINKSTON fora Conditional Use Permit re a residential kennel at 1428 Princess Anne Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 2. Application of TANIKA DRAWHORN for a Conditional Use Permit re a home daycare at 811 Admissions Court. DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL 3. Application of T -MOBILE NORTHEAST, L.L.C. for a Conditional Use Permit re a communication tower at 2224 Greenwell Road. DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 4. Application of ARGOLD DAM NECK, L.L.C. for a Change of Zoning District Classification (COZ) from R-15 Residential District and AG -1 Agricultural District to Conditional R-7.5 Residential District at Dam Neck Road and Southcross Drive to develop single-family dwellings. DISTRICT 7 - PRINCESS ANNE APPLICANT REQUESTS DEFERRAL TO NOVEMBER 25, 2008 Ordinance to AMEND the Comprehensive Plan and incorporate the 2008 OUTDOOR PLAN as an appendix NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at Cit) Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, November 18, 2008, at 6:00 p.m. The following applications will be heard: DISTRICT 7 - PRINCESS ANNE ARGOLD DAM NECK, L.L.C. Application: Change of Zoning District Classification from R-15 Residential and AG -9 Agricultural to Conditional R-7.5 Residential Dam Neck Road and Southcross Drive (GPIN 1484166408 - part of). The Comprehensive Plan designates this site as being within the Primary Residential Area. The purpose of this rezoning is to develop single-family dwellings. AICUZ is Less than 65. CHRISTINE PINKSTON Application: Conditional Use Permit (residential kennel) at 1428 Princess Anne Road (GPIN 2401988718). AICUZ is Less than 65. DISTRICT 2 - KEMPSVILLE TANIKA DRAWHORN Application: Conditional Use Permit (home daycare) at 811 Admissions Court (GPIN 9.468246224). AICUZ is Less than 65. DISTRICT 4 - BAYSIDE T -MOBILE NORTHEAST, L.L.C. Application: Conditional Use Permit (communication tower) at 2224 Greenwell Road (GPIN 1479678710). AICUZ is Less than 65. 1 CITY OF VIRGINIA BEACH Resolution adopting the 2008 Outdoors Plan as a reference document to the Comprehensive Plan. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at littp://www.vbgov.com/pc For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. BEACON: November 2, 2008 & November 9, 2008 - 1 time each. VP November 2 & 9 , 2008 19456551 CHRISTINE PINKSTON CUP -Residential Kennel Relevant Information: • Princess Anne District • The applicant requests a Conditional Use Permit for a residential kennel of up to eight (8) adult dogs. The City Zoning Ordinance allows four (4) adult dogs without a residential kennel permit. • Applicant's Afghan dogs are consistently ranked in the Top Ten of the breed, are used in television commercials and films, and some are `therapy dogs.' • The dogs live indoors within air-conditioned and heated individual areas with television, radio, and indoor bathing. There are, however, four (4) outdoor fenced -in areas for the dogs to exercise. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (10-0) • No opposition (Consent Agenda). �•, L _ dr`t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHRISTINE PINKSTON, Conditional Use Permit (residential kennel),1428 Princess Anne Road. PRINCESS ANNE DISTRICT. MEETING DATE: November 18. 2008 ■ Background: The applicant requests a Conditional Use Permit for a residential kennel of up to eight (8) adult dogs. The City Zoning Ordinance allows four (4) adult dogs without a residential kennel permit. For more than 25 years, the applicant has owned and shown American Kennel Club (AKC) registered Afghan Hounds. The applicant is president of the Tidewater Afghan Hound Club, and the dogs are consistently ranked in the Top Ten of the breed, are used in television commercials and films, and some are 'therapy dogs.' The applicant has no employees, as the care of the dogs is a hobby, not a vocation. The Comprehensive Plan recognizes this site to be within the "Rural Area." The area is characterized as low, flat land with wide floodplains and altered drainage. The Comprehensive Plan recognizes this area as agricultural and rural with uses related to farming, forestry, rural residential and other rurally compatible uses. ■ Considerations: The dogs live indoors within air-conditioned and heated individual areas with television, radio, and indoor bathing. There are, however, four (4) outdoor fenced -in areas for the dogs to exercise. Those areas are setback at the 100 feet from adjoining property lines, thus meeting the requirements of the ordinance pertaining to the proximity of a residential kennel to adjoining lots. The applicant's nearest neighbor is her mother, and the primary adjacent land use consists of a fruit and vegetable farm. The applicant lives on a large lot in the rural area of the city and the dogs are primarily kept indoors. The potential for negative impacts are lessened by both these factors. The Planning Commission placed this item on the consent agenda because the use is appropriate for this site and compatible to the surrounding area, the dogs are primarily kept indoors, and there was no opposition to the proposal at the hearing. Christine Pinkston Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. No more than eight (8) adult dogs (over six months of age) shall be kept on the property at any time. No breeding, grooming or boarding of any other dogs for monetary or non -monetary purposes shall be permitted. 2. Dog waste shall be picked up and disposed of on a daily basis. 3. The applicant shall maintain the dogs in a current status on any required shots and shall properly license the dogs through the City of Virginia Beach. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Managers S l�— . Cy� CHRISTINE PINKSTON Agenda Item 3 October 8, 2008 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for residential kennel. Map K -l6 Christine Pinkston Me Not K $cele D• d o ko" r6. RD. 9 b W =2 1-1121" AwMAIR $ o o. e CUP -Residential Kennrl ADDRESS / DESCRIPTION: 1428 Princess Anne Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24019887180000 PRINCESS ANNE 12.42 acres The applicant requests a Conditional Use Permit for a SUMMARY OF REQUEST residential kennel of up to eight (8) adult dogs. The City Zoning Ordinance allows four (4) adult dogs without a residential kennel permit. For more than 25 years, the applicant has owned and shown American Kennel Club (AKC) registered Afghan Hounds. The applicant is president of the Tidewater Afghan Hound Club, and the dogs are consistently ranked in the Top Ten of the breed, are used in television commercials and films, and some are 'therapy dogs.' The applicant has no employees, as the care of the dogs is a hobby, not a vocation. The dogs live indoors within air-conditioned and heated individual areas with television, radio, and indoor bathing. There are, however, four (4) outdoor fenced -in areas for the dogs to exercise. Those areas are setback at the 100 feet from adjoining property lines, thus meeting the requirements of the ordinance pertaining to the proximity of a residential kennel to adjoining lots. The applicant's nearest neighbor is her mother, and the primary adjacent land use consists of a fruit and vegetable farm. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: . Cultivated fields / AG -2 and AG -1 Agricultural Districts USE AND ZONING: South: . Single-family dwellings / AG -2 and AG -1 Agricultural Districts CHRISTINE PINKSTON Agenda Item 3 Page 1 East: . Farm fields / AG -1 Agricultural District West: . Princess Anne Road • Across Princess Anne Road are West Neck Equestrian Farm / AG -2 Agricultural District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with the site. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road is a two-lane rural highway within a 50 foot wide right-of-way. The MTP recommends an undivided roadway with a bikeway and an ultimate right-of-way width of 100 feet. There is currently no CIP project scheduled for this segment of Princess Anne Road. TRAFFIC GENRATION: Existing Land Use —125 ADT' Proposed Land Use — No change in traffic is expected based on the proposed use Average Daily Trips `as defined by 12.42 acres of agricultural uses ANIMAL CONTROL: No recorded complaints about the dogs at this residence. DEPARTMENT OF HEALTH: The existing septic tank system serving the residence is not designed for animal waste. (Note: The applicant does not use the septic system for disposal of dog waste). Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan recognizes this site to be within the "Rural Area." The area is characterized as low, flat land with wide floodplains and altered drainage. The Comprehensive Plan recognizes this area as agriculturaN and rural with uses related to farming, forestry, rural residential and other rurally compatible uses. The request for a conditional use permit for a residential kennel is in keeping with the planning objectives outlined in Chapter 6 of the City's Comprehensive Plan. "Rural areas may be characterized as a balance CHRISTINE PINKSTON Agenda Item 3 Page 2 between the natural environment and human uses with farms, horse boarding, campgrounds, wineries and open space activities" (Pg. 164) Evaluation: The applicant lives on a large lot in the rural area of the city and the dogs are primarily kept indoors. The potential for negative impacts are lessened by both these factors. The request for a Conditional Use Permit for eight (8) dogs is acceptable, subject to the conditions below. CONDITIONS 1. No more than eight (8) adult dogs (over six months of age) shall be kept on the property at any time. No breeding, grooming or boarding of any other dogs for monetary or non -monetary purposes shall be permitted. 2. Dog waste shall be picked up and disposed of on a daily basis. 3. The applicant shall maintain the dogs in a current status on any required shots and shall properly license the dogs through the City of Virginia Beach. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CHRISTINE PINKSTON Agenda Item 3 Page 3 1 47 I STORY FM E -w N/F GREGORY P. & JONI T. CHANDLER 0.0 2602 P 487 49 loo P 54 132.67' N 13-3753- W PRINCESS ANNE ROAD (VAR. R/W) UWZE IX 0016C AFfJ* LARRY M. S ALL OISTLWED AREAS SHALL BE SEEDED. (SEE SCHEDULE) ALL EXCAVA7E0 MATERIAL FROM CONSTRUCTION SHALL K DISPOSED OF IN A LAWM =R.] SITE SURVEY CHRISTINE PINKSTON Agenda Item 3 Page 4 N LOT/r 2 M.9 19b P. 10 PoposED t SIM FKAMMW Rranuct WAR) .14V.jo N 08.05'26' pooposw GRAAll onm 38 M.N. 268 P 72-73 �- Via""` � . - . 1. 4 132.67' N 13-3753- W PRINCESS ANNE ROAD (VAR. R/W) UWZE IX 0016C AFfJ* LARRY M. S ALL OISTLWED AREAS SHALL BE SEEDED. (SEE SCHEDULE) ALL EXCAVA7E0 MATERIAL FROM CONSTRUCTION SHALL K DISPOSED OF IN A LAWM =R.] SITE SURVEY CHRISTINE PINKSTON Agenda Item 3 Page 4 CHRISTINE PINKST©N Agenda Item 3 Page # DATE DESCRIPTION ACTION 1 08/09/2005 Use Permit horse riding academy) APPROVED 2 08/27/2007 Use Permit (religious facility) APPROVED 08/26/2008 Use Permit (religious facility) DENIED 3 08/10/2004 Rezoning AG-1/AG-2 to Conditional B-2 DENIED 4 11/214/1998 Use Permit (Alternative Residential Development) APPROVED ZONING HISTORY CHRISTINE PINKSTON Agenda Item 3 Page DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation. partnership firm business, or other unincorporated organization, complete the following 1 List the applicant name followed by the names of all officers members trustees partners, etc below (Attach list ifnecessaty) 2 List all businesses that have a parent -subsidiary' or affiliated business entity` relationship with the applicant (Attach list If necessary) ❑ Check here if the applicant is NOT a corporation partnership firm business or other unincorporated organization PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different ftom applicant If the property owner is a corporation partnership, firm, business or other unincorporated organization complete the following 1 List the property owner name followed by the names of all officers, members trustees partners etc below (Attach list if necessary) i I li 2 List all businesses that have a parent -subsidiary' or affiliated business entity' relationship with the applicant (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation partnership firm business or other unincorporated organization S ' See next page foi footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No _ If yes what is the name of the official or employee and the nature of their interest? nn�Lh�-n.d L�S�� IY;nul t.,plJ,�.ahnu CHRISTINE PINKSTON Agenda Item 3 Page 7 IF- DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services accounting services and legal services (Attach list if necessary) Parent -subsidiary relationship' means a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation See State and Local Government Conflict of Interests Act Va Code § 2 2-3101 'Affiliated business entity relationship" means 'a relationship. other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity (ii) a controlling owner in one entity is also a controlling I owner in the other entity, or (in) there is shared management or control between the business entities Factors that should be con sideied in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities. there are common or commingled funds of assets the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis or there is otherwise a close working relationship between the entities See State and Local Government Conflict of Interests Act Va Code § 2 2-3101 CERTIFICATION: l certity that the information contained herein is true and accurate I understand that upon receipt of notification (postcard) that the application has been scheduled for public hearing I am iesoonsible for obtaining and posting the required sign on the subject property at least 30 days p!ior to the scheduled public hearing according to the instructions in this package The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processmq and evaluating this application `----- - - - - - --- - ------------------ Applicant s Signature Print Name Property Owner s Signature (if different than applicant) Print Name urnfilumdi 115c ['•.iniq Ar�i;l i,-.il i�ut r Yi,;Ho 715;i1i17 CHRISTINE PINKSTON Agenda Item 3 Page 8 Item #3 Christine Pinkston Conditional Use Permit 1428 Princess Anne Road District 7 Princess Anne October 8, 2008 CONSENT Janice Anderson: The next matters we're going to address on the agenda are those matters that we have placed on the consent agenda and our Vice Chair Joe Strange will handle that portion of the agenda. Thank you. Joseph Strange: Thank you Jan. This afternoon, we have 9 items on the consent agenda. The first matter on the consent agenda is item 3. Item 3 is an application of Christine Pinkston for a Conditional Use Permit (residential kennel) on property located at 1428 Princess Anne Road, District 7, Princess Anne, with three conditions. Christine Pinkston: Hi. I'm Christine Pinkston from 1428 Princess Anne Road. I've read the conditions and I agree with them. Joseph Strange: Okay. Thank you Christine. The Chairman has asked Mr. Knight to review this item. Barry Knight: This is agenda item 3, Christine Pinkston, on Princess Anne Road. The applicant requests a Conditional Use Permit for a residential kennel with up to eight (8) adult dogs. The City's Zoning Ordinance allows four (4) dogs without a residential kennel permit. For 25 years, the applicant has owned and shown AKC registered Afghan Hounds. The applicant is president of the Tidewater Afghan Hound Club, and the dogs are consistently ranked in the Top Ten of the breed, are used in television commercials and films, and some are "therapy dogs." The applicant has no employees except for her husband, as the care of the dogs is a hobby, not a vocation. The dogs actually live indoors within air-conditioned and heated individual areas with television, radio, and indoor bathing. There are, however, four (4) outdoor fenced -in areas for the dogs to exercise. It is out there in the agricultural community. They got 12'h acres. You can see the site. I pass it all the time. It is on my way between Pungo and my house. I actually never see the dogs outdoors but so often. It is totally hidden so, it is actually where we would like for this to take place. So, there are no objections. It is a proper land use for down here; so, we placed it on the consent agenda. Joseph Strange: Thank you Barry. Madame Chairman, I would like to make a motion to approve agenda item 3. Janice Anderson: A motion by Joe Strange and a second by Barry Knight. Item #3 Christine Pinkston Page 2 AYE 10 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE NAY 0 ABS 0 ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 3 for consent. Faith Christie From: patan@cox.net Sent: Wednesday, October 01, 2008 9:42 AM To: Faith Christie Subject: Christine Pinkston - Res. Kennel I live at 1424 Princess Anne Rd., adjacent to Christine Pinkston's home. Her dogs never run loose, they are kept clean and receive exceptional care. Therefore, I DO NOT object to the residential kennel. Sincerely, Patricia Warner 757-426-5933 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TANIKA DRAWHORN, Conditional Use Permit (home daycare). 811 Admissions Court. KEMPSVILLE DISTRICT. MEETING DATE: November 18, 2008 ■ Background: The applicant currently has a license with the Department of Social Services and cares for two (2) children in addition to her own five (5) children. The applicant requests a Conditional Use Permit for a family daycare home to allow the applicant to care for six (6) children in addition to her own five (5) children (an increase of four children over the current number of children). The Zoning Ordinance requires a Use Permit when the number of children being cared for (exclusive of the provider's own children) exceeds five (5). Since the applicant desires to care for six (6) children in addition to her own five (5), a Use Permit is necessary. The site, zoned A-12 Apartment, is approximately 4.,122 square feet in size. There is an existing 1,890 square foot, townhouse dwelling located on the site, with a fenced -in rear yard. The applicant proposes to operate 24 hours each day in three different shifts, as the applicant desires to help parents that work overnight and in the evenings, particularly single mothers. A qualified assistant will be on site. ■ Considerations: The Virginia Department of Social Services (VDSS) will also regulate the home. When six (6) to 12 children, exclusive of the provider's own children and any children who reside in the home, are provided care at any one time, VDSS classifies it as a "family day home," which is subject to licensure with the Department of Social Services. The applicant must abide by the regulations of the Department of Social Services to help ensure the safety of children cared for within the home daycare. It is likely that many of the children will come to this daycare from the immediate and surrounding neighborhoods. In fact, the applicant has been providing limited daycare without complaint from surrounding residents. The applicant's desire is to now expand her ability to serve the neighborhood. Tanika Drawhorn Page 2 of 2 The Planning Commission placed this item on the consent agenda because quality daycare is an extremely important service for working parents, particularly for those who work night shifts and for single mothers, the applicant is licensed by the Department of Social Services for this use, and there was no opposition to the proposal. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. The home daycare shall be limited to a total of six (6) children other than children living in the home. There shall be no more than five (5) children under the age of 2Y2 in the home at one time, as required by the Department of Social Services. 2. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area and the fence shall satisfy the requirement of the Department of Social Services. 3. No siigns advertising the home daycare shall be permitted on the lot or any building on the lot at any time. 4. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 5. The applicant shall receive a Certificate of Occupancy for the proposed use from the Building Official for the home daycare/residential use. 6. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage Y— VYPL TAN I KA DRAWHORN Agenda Item 4 October 8, 2008 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for home daycare. ADDRESS / DESCRIPTION: 811 Admissions Court GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14682462260000 KEMPSVILLE 4,122 square feet The applicant currently has a license with the Department of SUMMARY OF REQUEST Social Services and cares for two (2) children in addition to her own five (5) children. The applicant requests a Conditional Use Permit for a family daycare home to allow the applicant to care for six (6) children in addition to her own five (5) children (an increase of four children over her current number of children). The Zoning Ordinance requires a Use Permit when the number of children being cared for (exclusive of the provider's own children) exceeds five (5). Since the applicant desires to care for six (6) children in addition to her own five (5), a Use Permit is necessary. The Virginia Department of Social Services will also regulate the home. When six (6) to 12 children, exclusive of the provider's own children and any children who reside in the home, are provided care at any one time, classifies it as a "family day home," which is subject to licensure with the Department of Social Services. The applicant must abide by the regulations of the Department of Social Services to help ensure the safety of children cared for within the home daycare. The site, zoned A-12 Apartment, is approximately 4,122 square feet in size. There is an existing 1,890 square foot, townhouse dwelling located on the site, with a fenced -in rear yard. The applicant proposes to operate 24 hours each day in three different shifts, as the applicant desires to help parents that work overnight and in the evenings, particularly single mothers. A qualified assistant will be on site. TANIKA DRAWHORN Agenda Item 4 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Attached townhouse SURROUNDING LAND North: . Multi -family dwellings (townhomes) / A-12 Apartment District USE AND ZONING: South: . Multi -family dwellings (townhomes) / A-12 Apartment District East: . Admissions Court • Across Admissions Court are multi -family dwellings (townhomes) / A-12 Apartment District West: . Multi -family dwellings (townhomes) / A-12 Apartment District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with the site. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Admissions Court in front of this application is considered a two-lane undivided local street. No CIP projects are; slated for this roadway. Herbert Moore Road in front of this application is considered a two-lane undivided local street. No CIP projects are; slated for this roadway. TRAFFIC: Street Name Present Volume __T Present Capacity Generated Traffic Admissions Court No existing traffic counts are available for Existing Land Use — 19 this roadway ADT Proposed Land Use 3— 37 Herbert Moore No existing traffic counts are available for Road this roadway Average Daily Trips Y as defined by single-family house + 2 child daycare 3 as defined by single-family house + 6 child daycare WATER: This site currently connects to City water. There is an existing 5/8 -inch (City ID # 45054615). There is an existing 4 -inch City water main on Admissions Court. SEWER: This site currently connects to City sanitary sewer. There is an existing 8 -inch City gravity sewer main on Admissions Court. TANIKA DRAWHORN Agenda Item 4 Page 2 Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Evaluation: The request for a home daycare is acceptable subject to the conditions below. Quality daycare is an extremely important service for working parents, particularly for those who work night shifts and for single mothers. With a lot area of 4,122 square feet, it may appear that the site seems too small to accommodate the requested number of children; however, the home and the outdoor area meet the requirements of the Department of Social Services. The site is located on a cul-de-sac, which lessens the potential for traffic disruptions that sometimes occur with child drop-off and pick-up when the home daycare is located on a through street. The proposal is in conformance with the Comprehensive Plan's recommendations for the Primary Residential Area, and it is likely that many of the children will come to this daycare from the immediate and surrounding neighborhoods. In fact, the applicant has been providing limited daycare without complaint from surrounding residents. The applicant's desire is to now expand her ability to serve the neighborhood. It is not anticipated that the home daycare on this site will adversely impact any surrounding properties, and, therefore, it is recommended for approval subject to the following conditions. CONDITIONS 1. The home daycare shall be limited to a total of six (6) children other than children living in the home. There shall be no more than five (5) children under the age of 2'/2 in the home at one time, as required by the Department of Social Services. 2. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area and the fence shall satisfy the requirement of the Department of Social Services. 3. No signs advertising the home daycare shall be permitted on the lot or any building on the lot at any time. 4. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 5. The applicant shall receive a Certificate of Occupancy for the proposed use from the Building Official for the home daycare/residential use. 6. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. TANIKA DRAWHORN Agenda Item 4 Page 3 NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. TANIKA DRAWHORN Agenda Item 4 Page 4 �r�r WOODS & 0 tX 0 p„7 w QX W 41.22' f}�� 21. LOT 15 LOT i �� fl 0 Q � 0 r� 2 111 } CMMM WALL 0 Sar to 11.1' tD flu m fit ADMIS5ONS SITE SURVEY TAN KA DRAW HORN Agenda Item 4 Page 5 TANIKA DRAWHORN Agenda Item 4 Page 6 ��%��• , ��. r _. DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Cttl t kA DruL h o)ek� 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members trustees. partners, etc. below: (Attach list if necessary) 2. List: all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization & ` See next page for footnotes Does aln official or employee of the City of Virginia Beach have an interest in the subject land? Yes No �/ If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 1C Revised 7/312007 DISCLOSURE STATEMENT TANIKA DRAWHORN Agenda Item 4 Page 8 DISCLOSURE STATEMENT 11 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal serv*esi (Attach, ist if necessary) l 4 r y LQ -,I- ' 'Parent -subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein Is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing. I am responsible for obtaining and posting the required sign on the subject property at least 30 ys prior to the scheduled public hearing according to the instructions In this package The ned also c to entry upon the subject property by emplo s of the Department of nnin to phot ra=h an view the site for purposes of processin nd evaluating this application. Aooli ant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/312007 DISCLOSURE STATEMENT TANIKA DRAWHORN Agenda Item 4 Page 9 Item #4 Tanika Drawhorn Conditional Use :Permit 811 Admissions Court District 2 Kempsville October 8, 2008 CONSENT Joseph Strange: The next matter is consent agenda item 4, an application of Tanika Drawhorn for a Conditional Use Permit for a home daycare on property located at 811 Admissions Court, District 2, Kempsville, with six conditions. Tanika Drawhom: Good morning. Janice Anderson: Good morning Tanika Drawhom: My name is Tanika Drawhorn. I am the applicant. I was requesting a Conditional Use Permit for my home because I have five children of my own, and I would like to have sever. total. Joseph Strange: Are the conditions acceptable? Tanika Drawhorn: Yes. I've read them. Joseph Strange: Okay. Thank you. The Chairman has asked Henry Livas to review this item. Henry Livas: The request is for a Conditional Use Permit for a home daycare. The applicant currently has a license with the Department of Social Services and cares for two children in addition to her own five. The applicant requests a Conditional Use Permit for a family daycare in her home to allow the applicant to care for six (6) children in addition to her own five (5). Since the applicant desires to care for six (6) children in addition to her own five (5), a Use Permit is necessary. The applicant must be licensed with and abide by the regulations of the Department of Social Services to ensure the safety of the children cared for within the home daycare environment. The site is zoned A-12 and is approximately 4,000 square foot in size. The existing approximately 2,000 square foot townhouse building located on the site has a fenced -in rear yard. The applicant proposes to operate 24 hours each day in three different shifts, as the applicant desires to help the parents that work through the night and in the evenings. The site is located on a cul-de-sac, which lessens the potential for traffic disruptions that sometimes occur with child drop-off and pick-up when the home daycare is located on through street. The proposal is in conformance with the Comprehensive Plan; therefore, we recommend that this request be placed on the consent agenda. Item #4 Tanika Drawhorn Page 2 Joseph Strange: Thank you Henry. Madame Chairman, I would like to make a motion to approve agenda item 4. Janice Anderson: A motion by Joe Strange and a second by Barry Knight. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY ABSENT KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, the Board has approved item 4 for consent. A Faith Christie From: mrboozerl@cox.net Sent: Monday, October 06, 2008 3:03 PM To: Faith Christie Subject: re: conditional use permit Faith, My name is Mitch Boozer. I own a home at 814 Admissions Ct., Virginia Beach, Virginia 23462. I'm writing to let the city know why I strongly OPPOSE the request for a home daycare at 811 Admissions Ct. with Tankika Drawhorn. My reasons are as follows: 1. The area has taken a direct hit from the falling real estate values, making a day care there creating even more of an adverse effect on market values. 2. The streets are too tight and with the amount of children already in the area, having more creates unsafe conditions with cars and traffic there. 3. Since there are only 20 units on this small street, having a day care there would create more of a parking problem as well as noise. 4. These units are close together with little yard, so any children would have only the streets to play in. The noise would also be a problem due to the closeness of the units. This community is nestled in between Campus East and Campus West off Herbert Moore Drive. If a day care were to operate there, the roads would have to be improved. Trash cans line Herbert Moore Drive once a week, making it difficult for cars and pedestrians to navigate the street. With more! traffic, it would create more hazards there for everyone. I vote AGAINST this permit being issued. Please take into consideration these valid points in your process of reviewing the request. Since property values are such a problem for all of us, please consider what it would do to this small area. Your consideration ir. this matter is greatly appreciated. Sincerely, Mitch Boozer Superintendent Sun Bay Contractor 1 T -MOBILE r •r � � 'r r z � i Q1%Cili�f���Yi�ir _Map Not to Scj _ _ _ 11 Miss WO i MM S.4 - Vii,' ,R f�� � � ,18'4 • � CUP for Communication Tower Relevant Information: • Bayside District • The applicant requests a Conditional Use Permit to allow for a 135 - foot tall monopole communications tower with flush -mounted antennas. • The tower will be built to accommodate up to three (3) wireless carriers. • The site is developed with a church, daycare facility, and associated parking. The tower will be located on the southern side of the site within a fenced enclosure. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (10-0) • No opposition (Consent Agenda). u fou; Vis; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: T -MOBILE NORTHEAST, L.L.C. Conditional Use Permit (communication tower). 2224 Greenwell Road. BAYSIDE DISTRICT. MEETING DATE: November 18, 2008 ■ Background: The applicant requests a Conditional Use Permit to install a 135 -foot tall, galvanized steel, monopole communications tower on a property that is developed with a church, daycare facility, and associated parking. The tower will be built to accommodate up to three (3) three wireless carriers and is depicted with flush -mounted antennas. The tower is proposed for property owned by Bayside Christian Church, at the edge of a residential community. There are existing apartments to the east and single-family dwellings across Greenwell Road. To the north, land use becomes strictly residential in nature. To the south, the property is commercial in both use and zoning. The existing church provides a good buffer to the neighborhood from the commercial Shore Drive corridor and the heavier uses directly on this portion of Shore Drive. ■ Considerations: According to the site plan, the applicant's equipment and those of the co -locators will be located within a portion of the existing parking lot of the church, surrounded by a seven (7) -foot high chain-link fence with three (3) strands of barbed wire. Eight (8) parking spaces will be eliminated by locating the tower at the proposed location. There will be 87 remaining spaces, more than required by the Zoning Ordinance. The ground -level equipment and tower are shown within a 40 foot by 60 foot (40'x 60') lease area on the southern portion of the site, adjacent to a B-2 zoned property to and in an area with existing trees. The documentation submitted with the application demonstrates that the proposed 135 -foot tall tower facility will satisfy a wireless coverage gap in this area of Shore Drive for both residential and commercial wireless users. The applicant met with the surrounding residents and property owners to discuss the aspects of the project, including the use of flush -mounted antennas that are less obtrusive and more visually pleasing than a tower with protruding arrays. The use of flush -mounted antennas will aid in reducing any negative visual impact on the surrounding properties and to those traveling along the Shore Drive corridor. T -Mobile Northeast Page 2 of 3 The applicant is requesting a modification to the screening and landscaping requirement, and proposes a seven (7) -foot high chain link fence, with three (3) strands of barbed wire at the top, surrounding the 2,400 square foot lease area. Staff deemed this modification to the landscaping and screening requirement unacceptable as the equipment will be visible from the parking lot and partially from Greenwell Road. Instead, staff has recommended a condition that a solid fence, a minimum height of six (6) feet, be installed in lieu of the proposed chain- link fence and that the strands of barbed wire be prohibited. In addition, the applicant is requesting a modification to the 25 -foot wide setback from the property line, as the tower's base will be approximately 24 feet from the property line, adjacent to the gas station to the south. This variance is acceptable; however, staff recommends a condition that the required landscaping be installed along this fence line to further screen the tower and the ground equipment. There are some trees in the vicinity of the southern property line, but it is unclear on which property these trees are located, and if the site to the south ever does redevelop and the trees are removed, Staff's position is to require the landscaping to ensure a sufficient buffer. Information provided by the applicant indicates that the proposed communication tower is 0.31 miles from the nearest existing public safety communications site and, as such, a non -ionizing electromagnetic radiation (NIER) analysis was required and submitted demonstrating that no harmful interference is anticipated. In addition, an RF Emissions Compliance Report was also submitted indicating that emissions do not exceed minimum ground level exposure at any point outside the facility and is within compliance with all regulatory agencies and standards. Finally, a structural report stating that this design can indeed accommodate up to three (3) wireless carriers was also submitted and accepted by City staff. The Planning Commission placed this item on the consent agenda because the proposal meets the requirements of the Zoning Ordinance pertaining to communication towers and there was no opposition to the proposal. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. The communication tower shall be substantially constructed with flush - mounted antennas as shown on the site plans entitled, "Survey Plat, Bayside Christian Church," prepared by Hadler Surveys, P.C., dated 6-9-08, with -the exception that no chain link fence or barbed wire shall be permitted and the required setback is modified. This site plan has been exhibited to City Council and is on file with the Department of Planning. 2. The tower with antennas shall not exceed 135 feet in height. T -Mobile Northeast Page 3 of 3 3. The lease area, as depicted on the survey entitled, "Survey Plat, Bayside Christian Church," prepared by Hadler Surveys, P.C., dated 6-9-08, shall be surrounded with a solid fence, including the gate, with a minimum height of six (6) feet. Said fence shall be installed in lieu of the proposed chain link fence depicted on survey identified herein. Barbed wire shall not be permitted. 4. Category VI landscaping shall be installed along the southern lease boundary line as depicted on the plan identified in conditions 1 and 3 above. Landscaping is waived along the northern, western and eastern portions of the lease area. 5. In the event interference with any City emergency communications facilities results from the use of this tower and antennas, 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. 6. As required by Section 232(1)(4) of the City Zoning Ordinance, should the antennas cease to be used for a period of more than one (1) year, the applicant shall remove the tower, antennas and related equipment from the property within 90 days of notification by the Director of Planning. 7. No signs indicating the location of this facility are allowed. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: City Manage . l�- Planning Departmen LLC ; o1D Jgam• �� � `� _ . . ADDRESS I DESCRIPTION: 2224 Greenwell Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 1479678710CI000 BAYSIDE Total Site: 2.75 acres Lease Area: 2,400 square feet The applicant requests a Conditional Use Permit to allow for a SUMMARY OF REQUEST 135 -foot tall communications tower. The applicant proposes to install a 135 -foot tall, unlit, galvanized steel, monopole communications tower on a property that is developed with a church, daycare facility, and associated parking. The tower will be built to accommodate up to three (3) three wireless carriers and is depicted with flush -mounted antennas. According to the site plan, the applicant's equipment and those of the co -locators will be located within a portion of the existing parking lot, surrounded by a seven (7) -foot high chain link fence with three (3) strands of barbed wire. Eight (8) parking spaces will be eliminated by locating the tower at the proposed location. There are 87 remaining spaces, more than required by the Zoning Ordinance requirement of one (1) space for every five (5) seats in the sanctuary. The equipment and tower is shown within a 40 foot by 60 foot (40'x 60') lease area on the southern portion of the site, adjacent to a B-2 zoned property to and in an area with existing trees. No additional screening or landscaping is proposed. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Church, daycare, and parking lots T -MOBILE NORTHEAST Agenda Item 15 Page 1 SURROUNDING LAND North: . Single-family dwellings / R-7.5 Residential USE AND ZONING: South: . Fuel sales / B-2 Community Business District East: . Apartments / A-12 Apartment District West: . Single-family homes / R -5R Residential District NATURAL RESOURCE AND The site is located within the Chesapeake Bay watershed. The majority CULTURAL FEATURES: of the site, other than the church and parking lot, is a grass field with a few trees. There does not appear to be any significant environmental features on the site. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Evaluation: The tower is proposed for property owned by Bayside Christian Church, at the edge of a residential community. There are existing apartments to the east and single-family dwellings across Greenwell Road. To.the north, land use becomes strictly residential in nature. To the south, the property is commercial in both use and zoning. The existing church provides a good buffer to the neighborhood from the commercial Shore Drive corridor and the heavier uses directly on this portion of Shore Drive. Staff's opinion is that locating the tower on the southern portion of the church property is an acceptable alternative to locating the tower "deeper" into the community to the north. The documentation submitted with the application demonstrates that the proposed 135 -foot tall tower facility will satisfy a wireless coverage gap in this area of Shore Drive for both residential and commercial wireless users. The applicant met with the surrounding residents and property owners to discuss the aspects of the project, including the use of flush -mounted antennas that are less obtrusive and more visually pleasing than a tower with protruding arrays. The use of flush -mounted antennas will aid in reducing any negative visual impact on the surrounding properties and to those traveling along the Shore Drive corridor. The applicant is requesting a modification to the screening and landscaping requirement, and proposes a seven (7) -foot high chain link fence, with three (3) strands of barbed wire at the top, surrounding the 2,400 square foot lease area. Staff deemed this modification to the landscaping and screening requirement unacceptable as the equipment will be visible from the parking lot and partially from Greenwell Road. Staff has recommended a condition that a solid fence, a minimum height of six (6) feet, be installed in lieu of the proposed chain link fence and that the strands of barbed wire be prohibited. In addition, the applicant is requesting a modification to the 25 -foot wide setback, as the tower's base will be approximately 24 feet from the property line, adjacent to the gas station to the south. This variance is acceptable; however, staff recommends a condition that the required landscaping be installed along this fence line to further screen the tower and the ground equipment. There are some trees in the vicinity of the southern property line, but it is unclear on which property these trees are located, and if the site to the T -MOBILE NORTHEAST Agenda Item 15 Page 2 south ever does redevelop and the trees are removed, Staff's position is to require the landscaping to ensure a sufficient buffer. Information provided by the applicant indicates that the proposed communication tower is 0.31 miles from the nearest existing public safety communications site and, as such, a non -ionizing electromagnetic radiation (NIER) analysis was required and submitted demonstrating that no harmful interference is anticipated. In addition, an RF Emissions Compliance Report was also submitted indicating that emissions do rot exceed minimum ground level exposure at any point outside the facility and is within compliance with all regulatory agencies and standards. Finally, a structural report stating that this design can indeed accommodate up to three (3) wireless carriers was also submitted and accepted by City staff. CONDITIONS 1. The communication tower shall be substantially constructed with flush -mounted antennas as shown on the site; plans entitled, "Survey Plat, Bayside Christian Church," prepared by Hadler Surveys, P.C., dated 6-9-08, with the exception that no chain link fence or barbed wire shall be permitted and the required setback is modified. This site plan has been exhibited to City Council and is on file with the Department of Planning. 2. The tower with antennas shall not exceed 135 feet in height. 3. The lease area, as depicted on the survey entitled, "Survey Plat, Bayside Christian Church," prepared by Hadler Surveys, P.C., dated 6-9-08, shall be surrounded with a solid fence, including the gate, with a minimum height of six (6) feet. Said fence shall be installed in lieu of the proposed chain link fence depicted on survey identified herein. Barbed wire shall not be permitted. 4. Category VI landscaping shall be installed along the southern lease boundary line as depicted on the plan identified in conditions 1 and 3 above. Landscaping is waived along the northern, western and eastern portions of the lease area. 5. In the event interference with any City emergency communications facilities results from the use of this tower and antennas, 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. 6. As required by Section 232(1)(4) of the City Zoning Ordinance, should the antennas cease to be used for a period of more than one (1) year, the applicant shall remove the tower, antennas and related equipment from the property within 90 days of notification by the Director of Planning. 7. No signs indicating the location of this facility are allowed. T -MOBILE NORTHEAST Agenda Item 15 Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. T -MOBILE NORTHEAST Agenda Item 15 Page 4 PROPOSM 10' IO[ A059 ESaSMI PROMISES (1)If O SM a PIC cmw FOR 1900 10 n0) gum. 0/IIALS001p5 as 00S - ORM4 ow , Poon® hl re No SM a Pnc Own FOR POWER A POW SOOO - ousa lops , OVERALL SITE PLAN SEE NEXT PAGE m noon 1K MG , , Poopo 1a II5P7OE V/ Peva® nu�1 OOMT IRIOOM 1 MTN (S) ►AMM AMIOMAS ti- (1) ACME AMlDWA PEA SECTOR '1 IMM AMM O 0 ur SM m/O 1 SEM Hu 1A • ur MIO cOM 1 1 KM oft" J10' 013' w Ov1U 1 1 , 1 T -MOBILE NORTHEAST Agenda Item 15 Page 5 011 `iSV3Hl8ON ` . -1 IN, 0 PROPOSED LEASE AREA LAYOUT T -MOBILE NORTHEAST Agenda Item 15 Page 6 ,��° �'�ys ■ 4 NOR: POW 10 ATTAC" MVIM 6 MID M"IKID 6E00M 011 M TOM AND TOM r016•AIM W t M *MY= V A UCDM 611 MRAL 010141- 10 IEP!► 10101 R GVAKC Or 6IIAOIN610 PMMIM UIM PUM TO SiRUCWRAL OWNS BY 0111016 I= DUCT 110DI W OEG0.6 AND MOMMIL *0 PLAN 16 ITA MOM= •4Y AI• Nm 6IRI00! 10 t UaD FOR C•61RIIL'I101 PUA►ORS PROPOSED FLUSH MOUNT ANTEIRNS 61TN (3) PANEL ANTENNAS (1) ACTRE ANTENNA PER SECTCN SECIdI ALPHA 7.131 RAD CDno SM= BETA IN 0 13Z RAD CD11ER SECMR GYM- 317 • 133' RAO CENIN bi l- PRDPM 13V MONOPOIE PMWOMD (15) 1-5/1f Mu CJIOES RIR- M" MMIQ E 11101'OgD 31'IM 1 1' RM 4 11a PIIOPPG?[Oi) MCAAs�eT1Ss PR@OSED N-ntAIE W/ PPC IMT 11ALOOM UOR PROPOSED COMMTY RACK PROPOSED CIVXM ID10E TOWER ELEVATION LOOKING NORTHEAST n SCALE: 3/32* -1' -3 T -MOBILE NORTHEAST Agenda Item 15 Page 7 IAP IMPROVFD O'RTWEPST _MOBILE N da item 15 Agen page 9 1 11/14/06 CUP (daycare) Granted 2 06/28/05 03/15/82 CUP (fuel sales) CUP fuel sales, car wash Withdrawn Granted 3 12/03/96 CUP auto service station) Granted 4 07/09/90 08/08/88 CUP (private school) Subdivision Variance Granted Denied 5 06/11/91 Change of Zoning B-2 to A-24 Granted 6 11/17/86 Subdivision Variance Granted 7 03/11/85 Subdivision Variance Granted ZONING HISTORY T -MOBILE NORTHEAST Agenda Item 15 Page 10 DISCL.OSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) T- Mobile North East LLC (see attached) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Right Coasl� Consulting / Bill Gambrell / President FCI Towers Inc / Bart Sinnas / President and Jason Hamill / Vice President ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Bayside Christian Church Trustees (see attached) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Flemvt Application Paye 9 of 10 Revised 713x2007 T -MOBILE NORTHEAST Agenda Item 15 Page 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) N/A ' "Parent -subsidiary relationship" means -a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 'Affiliated business entity relationship" means "a relationship, other than parent - subsidiary -relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing. I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled p earing according to the instructions in this package. The undersigned also consents toe on the subject property by employees of the Department of Planning to photograph and vi fhe site for urposes of process iaand aluating this application. Q(�,�,,��1{ f plicant's Signature R (if different than applicant) Print Name Conditional Use Pemrt Application Page 10 of 10 Revised 7/32007 1i T -MOBILE NORTHEAST Agenda Item 15 Page 12 DISCLOSURE STATEMENT OMNI -POINT COMMUNICATIONS, CAP OPERATIONS T/A T -MOBILE CHAIRMAN: PRESIDENT AND CHIEF EXECUTIVE OFFICER SVP, GENERAL COUNSEL AND SECRETARY: EVP AND CHIEF FINANCIAL OFFICER: EVP AND CHIEF TECHNICAL OFFICER: JOHN STANTON ROBERT DOTSON DAVE MILLER BRIAN KIRKPATRICK TIM WONG T -MOBILE NORTHEAST Agenda Item 15 Page 13 Roy E. Twiford W.D. Brooks Paul Beale Jr. Dewey C. Heath David B. Smith DISCLOSURE STATEMENT Bayside Christian Church Board of Trustees DISCLOSURE STATEMENT T -MOBILE NORTHEAST Agenda Item 15 Page 14 Item #15 T -Mobile North East, L.L.C. Conditional Use Permit 2224 Greenwell Road District 4 Bayside October 8, 2008 CONSENT Joseph Strange: The next item is item 15, it's an application of T -Mobile North East, L.L.C. for a Conditional Use Permit for a communication tower on property at 2225 Greenwell Road, District 4,13ayside, with seven conditions. Bill Gambrell: Madame Chairman and members of the Commission, my name is Bill Gambrell and I represent T -Mobile. We're happy to be on your consent agenda and we accept all the conditions. I'll apologize in advance because the fence is shown as a standard design. There is a condition that corrects that. Joseph Strange: Thank you Bill. The Chairman has asked Dave Redmond to review this item. David Redmond: Thank you Mr. Strange. The applicant T -Mobile North East proposes to install a 135 -foot tall, unlit, galvanized steel, monopole communications tower on a property that is developed with a church, a daycare facility, and associated parking. The tower will be built to accommodate up to three (3) wireless carriers and is depicted with flush -mounted antennas. According to the site plan, the applicant's equipment and those of the co -locators will be located within a portion of the existing parking lot, surrounded by a seven (7) -foot high chain link fence with three (3) strands of barbed wire. Eight (8) parking spaces will be eliminated by locating the tower at the proposed location. However, there are 87 remaining spaces, more than required by the Zoning Ordinance requirement of one (1) space for every five (5) seats in the sanctuary. The Planning staff supports this application. The Commission is unaware of any opposition, and the Commission approves by consent. Joseph Strange: Thank you Dave. Madame Chairman, I would like to make a motion to approve agenda item 5. Janice Anderson: A motion by Joe Strange and a second by Barry Knight. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY ABSENT Item #15 T -Mobile North East, L.L.C. Page 2 KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, the Board has approved item 15 for consent. PEMBROKE OFFICE PARK - BUILDING ONE 281 INDEPENDENCE BOULEVARD FIFTH FLOOR VIRGINIA BEACH. VIRGINIA 23462-2989 TELEPHONE: 757-499-8971 FACSIMILE, 757-456-5445 Via Hand Deliveru NIB SSS, BOUR ON, RE AERN & Lam, P.C. ATTORNEYS AND COUNSELORS AT LAW November 13, 2008 The Honorable Mayor Meyera E. Oberndorf Vice Mayor Louis R. Jones Members of City Council c/o Ruth Hodges Fraser, City CIerk Office of the City Clerk City Hall Building #1, Room 281 Municipal Center Virginia Beach, Virginia 23456 JON M. AHERN 1. EDWARD BOURDON, JR. JAMES T. CROMWELL L. STEVEN EMMERT JACQUELINE A. FINK DAVID S. HOLLAND KATEY KORSLUND KIRK B. LEVY O. JACKSON MOORE. JR. JENNIFER D. ORAM-SMITH HOWARD R. SYKES, JR. Re: Application of Argold Dam Neck, L.L.C. for Change of Zoning District Classification from R-15 Residential and AG -1 Agricultural Districts to Conditional R-7.5 Residential District; 32.24 Acres on the south side of Dam Neck Road, 17o feet east of Southcross Drive, GPIN #1484-16-6408, Princess Anne District Dear Ms. Fraser and Members of City Council: With regard to the above referenced application, I would like to formally request your indulgence in deferring consideration of this matter from your November 18, 20o8 public hearing until your public hearing on Tuesday, November 25, 20o8. This request for deferral is due to the necessity for a modification to a proffer to include two (2) new entrance sign features for the adjacent Newcastle community at the intersection of Dam Neck Road and Southcross Drive. Thank you in advance for your anticipated understanding and assistance. Sincerply, R. Ed r .. urdon, Jr. REBjr/arhm cc: Karen Prochilo, Department of Planning Jack Whitney, Department of Planning Stephen white, Department of Planning Alan S. Resh, Argold Dam Neck, L.L.C. Tina Milligan, Newcastle Civic League Al Moore, Newcastle Civic League ConditionalRewng/Argold DamNeck/ViMgeBend/Fraser_Ltni.13.o8 s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Argold Dam Neck, L.L.C., Change of Zoning District Classification (R-15 Residential District and AG -1 Agricultural District to Conditional R-7.5 Residential District), south side of Dam Neck Road, approximately 180 feet east of Southcross Drive. PRINCESS ANNE MEETING DATE: November 18, 2008 ■ Background: The applicant proposes to rezone a portion of the existing parcel, zoned R-15 Residential and AG -1 Agricultural, to Conditional R-7.5 Residential District for the purpose of developing the site with 113 single-family dwellings at a density of 3.5 units per acre. The City Council indefinitely deferred this application on April 8, 2008 to allow City staff, the applicant, and the residents of the adjoining neighborhood to meet and resolve several issues. On September 25, the applicant's representative submitted a letter to the City Clerk requesting that this application be placed back on the earliest possible City Council agenda. ■ Considerations: The applicant has determined that the submitted proffers lack one of the items that the applicant agreed to with the adjoining neighborhood. Since the deadline for submitting changes to the proffers has passed, the applicant is requesting a deferral of this application until November 25 to allow sufficient time to correct the proffers. ■ Recommendations: Deferral to November 25. ■ Attachments: Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager.'. ARGOLD DAM NECK, LLC Relevant Information: • Princess Anne District • Indefinitely deferred by City Council on April 8 • Applicant requests a Change of Zoning from AG -2 and R-15 to R-7.5 for the purpose of developing 113 single-family dwellings. • Homes will have 2,000 to 2,400 SF of floor area. • Proposed density is 3.5 units per acre; surrounding area ranges from 2.2 to 3.5 units per acre. • AICUZ is Less than 65. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (11-0) • There was opposition CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to amend the Comprehensive Plan by incorporating the Virginia Beach Outdoors Plan as an appendix. MEETING DATE: November 18, 2008 ■ Background: The Virginia Beach Outdoors Plan, the City's guidance document for open space acquisition and outdoor recreational planning, has helped set the framework for an outdoor recreational system of parks and athletic facilities; cultural and natural areas; public access to greenways, beaches and scenic waterways; and trail linkages for all kinds of users. The recommendations from the original 1994 Plan and its 2000 Update, as well as the efforts of many other generations have created the extraordinary outdoor recreational network of land and facilities previously mentioned. However, there is still more work to be done. The existing outdoor recreational network needs to be properly managed and maintained. In addition, proper planning needs to be continued, and corresponding action items identified, to enhance the system for the benefit of future generations. ■ Considerations: The Plan is an integral part of the Department of Parks and Recreation Strategic Plan and is a reference document to the Virginia Beach Comprehensive Plan. It seeks to build upon the successful implementation of its former iterations and progress even further in its outdoor recreational planning and analysis through the following: • Reclassification of park system designations consistent with localities of similar size and characteristics • Statistical Needs Analysis of City parks and recreation real estate assets and amenities based on updated service standards applied against both the 2000 census population and 2026 theoretical build -out project population • Updated inventory of all City -owned parks and recreation real estate assets • Updated inventory of all state, federal, and homeowners association parks and recreation -related real estate assets located within Virginia Beach • Geographic Information System -based Equity Mapping as part of a planning process for providing equitable physical access to the City's parks system to all residents CITY OF VIRGINIA BEACH — OUTDOORS PLAN Page 2 of 2 • Design Standards for outdoor recreational courts, fields, furniture, fixtures and related improvements • Capacity -Demand Standards Modellm for programming analysis of City- wide athletic field usage versus field capacity • Qualitative and Quantitative Public Participation Process • Recommendations for future strategic open space site acquisitions • Recommendations for future outdoor recreational improvements with regard to preservation and access to Cultural and Natural Areas, Greenways, Beaches and Scenic Waterways; renovations to existing and construction of new Parks and Athletic Facilities; and coordination with the City's Bikeways and Trails Plan to provide connectivity to community resources through Trails. • Implementation strategies and cost estimates as a basis for the Department of Parks and Recreation's Capital Improvement Program with respect to the Open Space Acquisition Program and future outdoor recreational renovations and improvements The Planning Commission voted 10-0 to approve the attached resolution adopting the Outdoors Plan as an appendix to the Comprehensive Plan. ■ Recommendations: The Plan provides recommendations relating to future open space acquisitions as well as plans for future outdoor recreational assets that have been identified to meet thE� projected need and stated desires of Virginia Beach residents by 2026. Approval is recommended. ■ Attachments: Staff Report Resolution Planning Commission Minutes Recommended .Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Plannin`g,,2,DDepartmen�O rl*_ City Manage: k - S6 o'" " CITY OF VIRGINIA BEACH OUTDOORS PLAN Agenda Item 16 October 8, 2008 Public Hearing REQUEST: An Ordinance to amend the Comprehensive Plan by incorporating the Virginia Beach Outdoors Plan as an appendix. SUMMARY OF AMENDMENT The Virginia Beach Outdoors Plan, the City's guidance document for open space acquisition and outdoor recreational planning, has helped set the framework for an outdoor recreational system of parks and athletic facilities; cultural and natural areas; public access to greenways, beaches and scenic waterways; and trail linkages for all kinds of users. The recommendations from the original 1994 Plan and its 2000 Update, as well as the efforts of many other generations have created the extraordinary outdoor recreational network of land and facilities previously mentioned. However, there is still more work to be done. The existing outdoor recreational network needs to be properly managed and maintained. In addition, proper planning needs to be continued, and corresponding action items identified, to enhance the system for the benefit of future generations. The Plan is an integral part of the Department of Parks and Recreation Strategic Plan and is a reference document to the Virginia Beach Comprehensive Plan. It seeks to build upon the successful implementation of its former iterations and progress even further in its outdoor recreational planning and analysis through the following: • Reclassification of park system designations consistent with localities of similar size and characteristics • Statistical Needs Analysis of City parks and recreation real estate assets and amenities based on updated service standards applied against both the 2000 census population and 2026 theoretical build -out project population • Updated inventory of all City -owned parks and recreation real estate assets • Updated inventory of all state, federal, and homeowners association parks and recreation -related real estate assets located within Virginia Beach • Geographic Information System -based Equity Mapping as part of a planning process for providing equitable physical access to the City's parks system to all residents • Design Standards for outdoor recreational courts, fields, furniture, fixtures and related improvements • Capacity -Demand Standards Model TM for programming analysis of City-wide athletic field usage versus field capacity • Qualitative and Quantitative Public Participation Process CITY OF VIRGINIA BEACH - OUTDOORS PLAN Agenda Item 16 Page 1 Recommendations for future strategic open space site acquisitions Recommendations for future outdoor recreational improvements with regard to preservation and access to Cultural and Natural Areas, Greenways, Beaches and Scenic Waterways; renovations to existing and construction of new Parks and Athletic Facilities; and coordination with the City's BikelNays and Trails Plan to provide connectivity to community resources through Trails. Implementation strategies and cost estimates as a basis for the Department of Parks and Recreation's Capital Improvement Program with respect to the Open Space Acquisition Program and iuture outdoor recreational renovations and improvements The Plan provides recommendations relating to future open space acquisitions as well as plans for future outdoor recreational assets that have been identified to meet the projected need and stated desires of Virginia Beach residents by 2026. RECOMMENDATION The attached ordinance incorporates this revision of the Outdoors Plan into the Comprehensive Plan as an appendix to that document. The Planning Commission has previously been provided copies of the plan and was briefed on the plan at the Commission's August 13, 2008 morning session. Approval of the ordinance is recommended. CITY OF VIRGINIA BEACH - OUTDOORS PLAN Agenda Item 16 Page 2 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN BY INCORPORATING THE VIRGINIA BEACH 3 OUTDOORS PLAN AS AN APPENDIX 4 5 WHEREAS, the public necessity, convenience, general welfare and good zoning 6 practice so require; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 12 amended and reordained by the addition of that certain document entitled "Virginia 13 Beach Outdoors Plan — Final Draft 2008" as an Appendix. Such document is made a 14 part hereof, having been exhibited to City Council and on file in the Department of 15 Planning. 16 17 COMMENT 18 19 The ordinance amends the Comprehensive Plan by incorporating the Virginia Beach 20 Outdoors Plan, which provides general land use policy guidance regarding outdoor areas and 21 amenities. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on this 24 day of . , 2008. PP OV D S TO CONTENT: APPROVED AS TO LEGAL SUFFICI NCY: (lie iv /tm,/ lann g De-partmeM City Attorney's Office ` CA10857 ` R-1 September 3, 2008 Item # 16 City of Virginia Beach A Resolution adopting the 2008 Outdoors Plan as a reference Document to the Comprehensive Plan. October 8, 2008 CONSENT Joseph Strange: The next item is item 16, a resolution adopting the 2008 Outdoors Plan as a reference document to the Comprehensive Plan. Brian Solis: Madame Chair and members of the Planning Commission, I'm Brian Solis, representing the City's Department of Parks and Recreation, on item 16 on your agenda today. Staff recommends that the 2008 Outdoors Plan be adopted as a reference document -to the City's Comprehensive Plan, as its main guidance document for open space acquisition and outdoor recreational planning. Thank you. Janice Anderson: Thank you very much. Thank you for all your work on that plan. It was very nicely done. Joseph Strange: Madame Chairman, I would like to make a motion to approve agenda item 16. Janice Anderson: A motion by Joe Strange and a second by Barry Knight. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE ABS 0 ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 16 for consent. Janice Anderson: Is there any further business? Seeing none. Thank you all for coming down today. The meeting is adjourned. Thank you very much. M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS (Plumbing and Mechanical Division) COMMUNITY SERVICES BOARD , HISTORIC PRESERVATION COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION REVIEW AND ALLOCATION COMMITTEE (COG) SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) WORKFORCE HOUSING ADVISORY COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS 1. ABSTRACT OF VOTES —General Election of November 4, 2008 P. ADJOURNMENT ABSTRACT OF VOTES cast in the City/County of Virginia Beach , Virginia, at the November 4, 2008 General Election, for: ELECTORS FOR PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES THE TABULATION FOR EACH ELECTOR ENTERED IN THIS ELECTION IS AS FOLLOWS: Democratic Party for Electors for Barack Obama, President and Joe Biden, Vice President Christia V. Rey Sandra W. Brandt Betty L. Squire Susan Johnston Rowland Marc L. Finney Marian A. Van Landingham Janet A. Carver Dorothy S. Blackwell Robert Edgar Childress, Jr. Michael Jon Khandelwal James Harold Allen Boyd Rolland D. Winter Sophie Ann Salley Total Votes Received 98,885 (in figures) Republican Party for Electors for John McCain, President and Sarah Palln, Vice President Janet A. Jackson George A. Sterling R. Christian Hoff William Wickham Hanks David E. Nygaard Richard Allen Claybrook, Jr. Sydney Strother Smith III Thomas E. Foley Arthur Lee Talley, Jr. Linwood M. Cobb III Barbara "Bobbie" Greene James K. "Jay" O'Brien, Jr. Wayne Junius Ozmore, Jr. Kilberg Total Votes Received 100,319 (in figures) Independent Green Party for Electors for Chuck Baldwin, President and Darrell L. Castle, Vice President Craig E. Ennis D. C. Amarasinghe William K. Grogan Albert P. Burckard, Jr. Sherman D. Witcher Glenda Gail Parker David William Gillis, Jr. Joseph L. LeBlanc George R. Wood Carey C. Campbell Brian Taylor Harlan Fred Wahlert Mario T. Palmiotto Total Votes Received 394 (in figures) Libertarian Party for Electors for Bob Barr, President and Wayne A. Root, Vice President K. M. Offernran Henry T. Thrasher Sanford J. Pankin William Donald Tabor, Jr. Lindsey M. Burke Donald Edward Ferguson Scott T. Wakeman Elizabeth Blanton Bowles James W. Lark III Leonard T. Harris George Nicholas Marchenko Wilbur N. Wood III L. Marc Montoni Total Votes Received 635 (in figures) CONTINUED ON REVERSE SIDE Electors for President and Vice President of the United States County/City of Virginia Beach General Election November 4, 2008 Page 2 of 2 Green Party for Electors for Cynthia McKinney, President and Rosa Clemente, Vice President Christopher E. Fink Jana Lee Cutlip Kirit Mookedee Paul S. Hughes Edmund Everett Dowe 11 Daniel A. Metraux Clifford Bang Anderson James R. Lowenstern Rain Burroughs John B. Gallini Mary Theresa Schmidt Taylor Tamar B. Yager Richard A. Miller Total Votes Received 114 (in figures) Independent for Electors for Ralph Nader, President and Matt Gonzalez, Vice President Ashley Elizabeth Staff Jeffrey C. Mitchell Henry A. Penretta Michael Joseph Smith Adrienne Nicole Cottle Raymond W. Fary Matthew Lee Alley Dena May Cottle Nicholas William Johnson Michael Lee Ogilvie Daniel J. Christakos Rickey Ray Johnson Erick W. Brucker Total Votes Received 542 (in figures) Total Write -In Votes, [FROM WRITE-INS CERTIFICATION] 360 [VALID WRITE INS + INVALID WRITE INS = TOTAL WRITE IN VOTES] (in figures) Total Number Of Overvotes For Office 26 ..................................................................................... (in figures) We, the undersigned Electoral Board, upon examination of the otifcial records deposited with the Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Electors for President and Vice President of the United States. Given under our hands this lith day of November, 2008. A copy tests: Electoral Board Seal , Chairman :e Chairman , Secretary ,toral Board COMPLETE AND RETURN THIS FORM TO SBE TOGETHER WITH THE ABSTRACT FOR PRESIDENT AND VICE PRESIDENT. ONLY WRITE-INS FOR THE NAMES LISTED BELOW (OR VARIATIONS THEREOF) ARE VALID. THE ENTRY OF THE NAME OF ONLY THE PRESIDENTIAL WRITE-IN IS CONSIDERED A VALID WRITE-IN FOR BOTH CANDIDATES. (e.g., Jonathan Allen Is counted as a write-in for Jonathan AIIeNJeffrey Stath) WRITE-INS CERT►FI CA TION Electors for President and Vice President Virginia Beach ❑ COUNTY k3 CITY November 4, 2008 General Election Page 1 of 1 TOTS. VOTES RECEIVED (IN FIGURES) WRITE-INS - SUMMARY [REQUIRED] 1. Invalid Write-Ins............................................................................ 358 ENTER TOTAL INVALID 2. Valid Write-Ins............................................................................... 3. Total Write-Ins............................................................................... [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.) VALID WRITE-INS - DETAIL ALL VAUD WRITE-INS WHEN ADDED TOGETHER MUST EQUAL THE TOTAL ENTERED ON LINE 2 ABOVE, Jonathan Allen/Jeffrey Stath............................................................ Keith Russell Judd/Monty W. Judd ................................................... Alan Keyes/Steve Schulln................................................................. Brian Moore/Stewart A. Alexander .................................................... 2 ENTER TOTAL VALID 360 ADD LINES 1 AND 2 TOTAL VOTES RECEIVED (IN FIGURES) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election had on November 4, 2008, do hereby certify that, the above is a true and correct certification of the write-in votes cast at said election for this office. Given under our hands this 11th day of November, 2008. A copy teste: Electoral Board Seal , Chairman m Chairman , Secretary Ictoral Board ABSTRACT OF VOTES cast in the City/County of Virginia Beach , Virginia, at the November 4, 2008 General Election, for: MEMBER UNITED STATES SENATE NAAes OF CANDIDATES AS PRINTED ON BALLOT Mark R. Warner - D James S. "Jim" Gilmore III - R Glenda Gail Parker - IG TOTAL VOTES RECEIVED (IN FIGURES) 1.407 William B. Redpath - L 1,071 Total Write -lit Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write -Ins + Invalid Write-ins = Total Write -In Votes] ........................................ 114 Total Number of Overvotes for Office ..- ........ -...... ....... .............................. 6 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a trues and correct Abstract of Votes cast at said election for Member of the United States Senate in the Congress of the United States. Given under our hands this A copy tests. Electoral BOW seal 11 th day of November, 2008. , Chairman De Chairman , Secretary ictoral Board ABSTRACT OF VOTES cast in the City/County of Virginia Beach , Virginia, at the November 4, 2008 General Election, for MEMBER HOUSE OF REPRESENTATIVES 2nd District TOTAL VOTES RECEIVED NAMES OF CANDIDATES AS PRINTED oN BALLOT (IN FIGURES) Glenn C. Nye III - D 98,794 Thelma D. Drake - R 93,329 Total Wrlte-In VOW$ [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write -Ins + Invalid Write -Ina = Total Write -In Votes] ..... .................................. Total Number of Overvotes for Office ....... -............................................... 231 11 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true and correct Abstrsct of Votes cast at said election for Member of the House of Representatives in the Congress of the United States. Given under our hands this _1 1 th day of November, 2008. A copy tests. Electoral Board seal Chairman Chairman Secretary oral Hoard ABSTRACT of voTEs Cast in the City of Virginia Beach , Virginia, at the November 4, 2008 General Election, for. MAYOR NAMES OF C ONDMATES AS PRINTED ON BALLOT John DAAoss TOTAL VOTES RECEIVED (IN RGURES) Meyera E. Obemdorf.............. _....... _._...................................... 67,534 W. D. 'Will" Sessoms, Jr. _....................._......._........................ 74.386 Scott W. Taylor _........._ ... .._.......... _..�.. 19,159 Total Write-in VOWS [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] 260 (Valid WrIts-Ins + inva W Write -Ins = Total Writs -In Votes) ....» .... ................. ........ ..... _.._.. Total Number of Overvotes for Office ---------------•-•-----•-----•----•---• 32 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuht Court of the election held on November 4, 2008, do hereby certify that the above is a tnve and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person has received the greatest number of votes cast for the above office in said election. W. D. "Will" Sessoms, Jr. Given under our hands this 11th day of November, 2008. A copy testa: Electoral Board seal , Chairman ce Chairman , Secretary Ictoral Board ABSTRACT OF VOTES Cast in the City of Virginia Beach . Virginia, at the November 4, 2008 General Election, for. MEMBER CITY COUNCIL - AT LARGE TorAI. voxes RWXIWD NAmEs DF CANDIDATES AS PRINTED ON BALLOT (IN FIGURES) Georgia F. Allen ......................... ............ _.......................... 55,491 Leona M. "Lee" Shuler ......... _........ _....... ................... _................ 12,204 Keith Justin Strausbaugh................. _......................................... 15,157 Lawrence J. Teator 6,779 Rosemary A. Wilson ..........._.. 70,812 Total WdWn Votes [COWLETE WRITE-INS CERTIFICATION, IF NEEDED) 732 [Valid Writs -Ins + Invalid WdWins a Total WdWIn Votesl... ........................................ ... Total Number of Overvotes for Office .....-... .... ........... ....................... 105 We, the undersigned Electoral Board, upon examination of the official records deposited with the Cleric of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true and correct Absbrad of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above ofike in said electron: Rosemary A. Wilson Given under our hands this 11 th day of November, 2008. A copy tests: Electoral Board Seal , Chairman ce Chairman , Secretary ictorai Board ABSTRACT OF VOTES Cast in the City of Virginia Beach , Virginia, at the November 4, 2008 General Election, for. MEMBER CITY COUNCIL - KEMPSVILLE DISTRICT TOTAL VOTES RECEIVED NAAES OF CANDIDATES AS PRINTED ON BALLOT (IN FIGURES) Harry E. Diezel69,314 Jose P. "Joe" Flores III 34,168 Andrew R. Jackson38,762 Total Wrlteoln VOLAS [COWLETE WRRE-INS CERTIFICATION, IF NEEDED] 487 [Valid Write -Ins + Invalid Wdte-Ina = Total Write -In Votes) .................................. ............ _. Total Nuinber of Overvotes for Office ...... .... ..................... _................... ..... 33 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) deceived the greatest number of votes cast for the above ofte in said election: Harry E. Diezel Given under our hands this A copy teste: Electoral Board Seal 11 th day of November, 2008. , Chairman ce Chairman , Secretary Ictoral Board ABSTRACT OF VOTES Cast in the City of Virginia Beach , Virginia, at the November 4, 2008 General Election, for- MEMBER or MEMBER CITY COUNCIL - CENTERVILLE DISTRICT TOTAL VOTES RECEIVED NAILS OF CANDIDATES AS PRINTED ON BALLOT (mN FIGURES) Robert M. "Bob" Dyer 128,591 Total WdWn Votes ]cowLETE wwrE-INS CERTIFICATION, IF NEEDED] 999 [Valid WdWine + Invalid Write -Ina = Total Writa•In Votes] ..... ............................................ Total Number of Overvotes for Office .............. ......................... .......... -• 2 We, the undersigned Electoral Board, upon examination of the official records deposited with the Cleric of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) hes(have) received the greatest number of votes cast for the above ofNce in said election: Robert M. "Bob" Dyer Given under our hands this A copy tests. Electoral Board Seal 11 th day of November, 2008. , Chairman ce Chairman , Secretary Ictoral Board ABSTRACT OF VOTES Cast in the City of _Virginia Beach , Virginia, at the November 4, 2008 General Election, for. MEMBER CITY COUNCIL - ROSE HALL DISTRICT NAMES OF CANDIDATES AS PRINTED ON BALLOT Glenn R. Davis. Jr. Reba S. McClanan TOTAL VorEs RECEIVED (IN FfWRES) ....... 78,912 Total Wrh*4n Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write -Ins + Invalid Write -Ina = Total WdWIn Votes] .................................................. Total Number of Overvotes for Office ................... ....... _._......................... 69,974 377 19 We, the undersigned Electoral Board, upon examination of the onkial records deposited with the Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above ofte in said election. Glenn R. Davis, Jr. Given under our hair ids this 11th day of November, 2008. A copy testa: Electoral Board sew , Chairman :e Chairman , Secretary doral Board ABSTRACT OF VOTES Cast in the County/City of Virginia Beach , Virginia, at the November 4, 2008 General Election, for: MEMBER SCHOOL BOARD AT LARGE ENTERATLARGEORAPPRCPMTEDWWCTOR WARDNAAr£ NAMES OF CANDIDATES AS PRINTED ON BALLOT Rita Sweet Bellitto TOTAL VOTES RECEIVED (IN FIGURES) Patrick S. Salyer 47.179 Mavel Z. Velasco 19,992 Erika M. Walker-Cash.................................................................. 34-701 Gertrude H. "Bunny" Waugh ............... 20,519 Total Write-in Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-ins + Invalid Write-ins = Total Write -In Votes] .................................................. 841 Total Number of Overvotes for Office........................................................... 9 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: Rita Sweet Beliitto Patrick S. Salyer Given under our hands this 11th day of November, 2008. A copy testes Electoral Board Seal , Chairman m Chairman , Secretary ctoral Board ABSTRACT OF VOTES Cast in the CountyJCity of Virginia Beach , Virginia, at the November 4, 2008 General Election, for: MEMBER SCHOOL BOARD CENTERVILLE ENI ERAT WiGE ORAPPROPRIATEDISTRICrOR WARD NAME NAMES OF C4NDIDATES AS PRINTED ON BALLOT Daniel D. "Dan" Edwards French Donald Mackes, Jr. TOTAL VOTES RECEIVED (IN FIGURES) 105,285 23,737 Total Write-in Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] 392 [Valid Write -Ins + Invalid Write -Ins = Total Write -In Votes] .................................................. Total Number of Overvotes for Office .. 24 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: Daniel D. "Dan" Edwards Given under our hands this 11th day of November, 2008. A copy tests: Electoral Board Seal , Chairman m Chairman , Secretary Ictoral Board ABSTRACT OF VOTES Cast in the County/City of Virginia Beach , Virginia, at the November 4, 2008 General Election, for. MEMBER SCHOOL BOARD SNTERATWiGEORAPPRIPATED TR1CTCRWARDNA E NAMES OF CANDIDATES AS PRINTED ON BALLOT Sandra Smith -Jones Total Writ 4n VOtes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [VaNd WrNe4no + Invalid Write -Iris = Total Write4n Voted .......... .............-...-.................... Total Number of Overvotes for Office .......... -.... --............................... TOTAL VOTES RECEIVED (IN FIGURES) 124,654 742 3 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Cimult Court of the election held on November 4, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: Sandra Smith -Jones Given under our hands this 11th day of November, 2008. A copy tests. Electoral Board seal , Chairman ce Chairman , Secretary sctoral Board ABSTRACT OF VOTES Cast in the County►City of Virginia Beach , Virginia, at the November 4, 2008 General Election, for. MEMBER SCHOOL BOARD ROSE HALL. e4rMATLAFMC iAF'PFCPW' WTF4CrCR WAWA AW NAA#ES OF C WOIDATES AS PRINTED oN BALLOT Brent N. McKenzie Michael W. Stewart Toru VorEs RECEIVED (IN FIGURES) 72,641 51,017 Total Wrke-In Votes (COMPLETE wwrE-IN8 CERTIFICATION, IF NEEDED] [VaW WrIte-Ins + InvaNd Write -Ins = Total WriEa-in votes] 391 Total Number of Overvotes for Office 34 We, the undersigned Electoral Board, upon examination of the ofi9cial records deposited with the Clerk of the Circuit Court of the election held on November 4, 2006, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above of & in said election. Brent N. McKenziel Given under our hands this 11th A copy tests. Electoral Board seal day of November, 2008. , Chairman m Chairman , Secretary Ictoral Board ABSTRACT OF VOTES Cast in the County/City of Virginia Beach , Virginia, at the November 4, 2008 General Election, for. MEMBER SCHOOL BOARD PRINCESS ANNE ENTERATWiGEQRAFPRI MkTED61F1CTORWARDUME NAMES OF CANDIDATES AS PRINTED ON BALLOT William J. "Bill" Brunke IV Total Writ*4n Votes (COMPLETE WRITE-INS CERTIFICATION, IF NEEDED) (Valid Wats-Ins + Invalid Write -Ins = Total Write -In Votes] .................— Total Number of Overvotes for Office . .................... ......... ....... ................ -. TOTAL VOTES RECEIvEO (IN FIGURES) 122,549 597 3 We, the undersigned Electoral Board, upon examination of the oftial records deposited with the Clerlt of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: William J. "Bill" Brunke IV Given under our hands this 11th day of November, 2008. A copy taste. Electoral Board seat , Chairman ce Chairman , Secretary Ictoral Board CITY OF VIRGINIA BEACH BRIEFING: SUMMARY OF COUNCIL ACTIONS PEMBROKE AREA MASTER RESCHEDULED TRANSPORTATION PLAN TO V O 1 8/19/08 @ 4pm DATE: 10/28/08 M B L FIFIII/IV/ D C E L E D VNI/E F H C R A W PAGE: 1 S I E J L N U N I Y Y T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE 'p E E E E A R I V O O S H L R Y S N F N A N D I BRIEFING: PEMBROKE AREA MASTER RESCHEDULED TRANSPORTATION PLAN TO 8/19/08 @ 4pm FIFIII/IV/ MINUTES VNI/E F Informal/Formal Sessions 7/8/08 APPROVED 9-0 A Y Y Y Y Y Y Y A Y Y B B S S T T A A I I N N E E D D G/I MAYOR'S PRESENTATIONS KING NEPTUNE XXXV and HIS COURT John Malbon, Chair, Neptune A. Resolution recognizing the Neptune Frestival Festival's Thirty-fifth Anniversary 2 MAGNA CARTA STUDENT AMBASSADORS 3 GFOA EXCELLENCE IN FINANCIAL Patricia Phillips, REPORTING — "Certificate of Director of Achievement" Finance J/H/I/1 Resolution to APPROVE Performance ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Contract for CSB re MHSA CONSENT 2 Ordinance to GRANT extension for ADOPTED, BY 10-0 Y Y Y N Y Y Y Y Y Y A satisfaction of conditions in closin a CONSENT B portion of Connie Lane for variable width S r/o/w (DISTRICT 4 — T BAYSIDE/DISTRICT 2 — KEMPSVILLE) A I N E D 3 Ordinance to TRANSFER Residential ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Parking from Resort Parking to City CONSENT Treasurer/his operating budget CITY OF VIRGINIA BEACH Ordinances to AUTHORIZE temporary SUMMARY OF COUNCIL ACTIONS encroachments into portions of the City's r/o/w: V O l ADOPTED, BY DATE: 10/28/08 Y Y Y Y Y M B Y L Y Y a D CONSENT C E L E D H C R A W PAGE: 2 S I E J L N U N I T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE P E E E E A R I V O O H L R Y S N F N A N D 4/ Ordinances to AUTHORIZE temporary encroachments into portions of the City's r/o/w: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y a LAUREL COVE CIVIC LEAGUE re CONSENT subdivision sign (DIS TRICT 5 — LYNNHAVEN) b WILLIAM R./KAREN P. ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y SCHONAUERre boaclift on Lake Rudee at CONSENT 2 Caribbean Avenue (DISTRICT 6 — BEACH) c CHARLES LARRY/?4ARY F. POPE re ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y timber walkway/stairs for beach access at CONSENT 560 South Atlantic Avenue (DISTRICT 6 — BEACH) d GERALDINE R. CLAd K re ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y pier/bulkhead at 2905 Sand Bend Road CONSENT (DISTRICT 7 —PRINCESS ANNE) 5 Resolution to AUTHORIZE VDOT ADOPTED, BY 9-0 A Y Y Y Y A Y Y Y Y Y Revenue Sharing for Princess Anne CONSENT B B Road/Kempsville Road intersection S S T T A A I I N N E E D D 6 Resolution REQUESTING VDOT transfer ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Revenue Sharing from Lynnhaven CONSENT Parkway, Phase IX, to Pirincess Anne Road — Phase W 7/ Ordinances to ACCEPTIAPPROPRIATE VDOT: a S1.5 Million Highway Safety Improvement ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y (HSIP) Grant re bicycle/pedestrian safety CONSENT b $1.6 Million Highway Safety Improvement ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y (HS1P) Grant re high -accident locations CONSENT c $1.9 Million Grant re intersection ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y improvements CONSENT CITY OF VIRGINIA BEACH supplemental Grant re Water ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Transportation Exhibit at Lynnhaven CONSENT House Colonial Education Center (CEC) V 0 I Ordinances to ACCEPT/APPROPRIATE DATE: 10/28/08 M B L D C E L E D a H ADOPTED, BY C R Y A W Y PAGE: 3 S I Y E J L N U N I T E D N O A D H U L W AGENDA E Z Y L N N 0 R E S O ITEM # SUBJECT MOTION VOTE P E E E E A R I O H L R Y S N F N MAN D d supplemental Grant re Water ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Transportation Exhibit at Lynnhaven CONSENT House Colonial Education Center (CEC) 8/ Ordinances to ACCEPT/APPROPRIATE re Human Services: a Funding for Mental Health Law ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Refonn/Child/Adolescent services CONSENT b A Grant from the Governor's Office for ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Substance Abuse Prevention re children at- CONSENT risk K/1 RECONSIDERATION of NIMMO APPROVED 8-3 Y Y Y N Y N N Y Y Y Y CHILDCARE/RESOURCE LEARNING SUBSTITUTE CENTER, INC. Mo i reation of MOTION Conditions (approved November 23, 1993, and denied May 6, 2008) at 2244 General Booth Boulevard (DISTRICT 7 — PRINCESS ANNE) 2/ Applications for Modification of Conditions: a NEW FAITH CHRISTIAN APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y FELLOWSHIP (approved on January 11, CONDITIONED, 2005, as Miracle Temple Worship Center, BY CONSENT Inc.) re days/hours of operation/number of people/square footage used at 3900 Bonney Road, Suite 113 (DISTRICT 5 — LYNNHAVEN) b WAL-MART REAL ESTATE APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y BUSINESS TRUST (approved on CONDITIONED, December 5, 2000/ August 5, 2003) re tire BY CONSENT storage at 1149 Nimmo Parkway (DISTRICT 7 — PRINCESS ANNE) C VICTORY BAPTIST CHURCH APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y (approved on December 8, 1998) re CONDITIONED, movement of existing dwelling unit to the BY CONSENT property at 4125 Indian River Road (DISTRICT 1 — CENTERVILLE) CITY OF VIRGINIA BEACH Applications for CUP._ APPROVED/ 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL 4CTIONS Y Y CONDITIONED, a MARCUS HOLMA14 re home occupation BY CONSENT V O 1 at 920 Cardinal Road i DISTRICT 5 — DATE: 10/28/08 M B L D C E L E D b H APPROVED/ C R Y A W Y PAGE: 4 S I Y E J L N U N I T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE P E E E E A R 1 V O O Y H I L I I R I Y S I I N I F N I A N D j I 3/ Applications for CUP._ APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CONDITIONED, a MARCUS HOLMA14 re home occupation BY CONSENT at 920 Cardinal Road i DISTRICT 5 — LYNNHAVEN) b RICHMOND 20 MHZ, LIC (t/a Ntelos) APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y re communication tow -:r at 5817 Wesleyan CONDITIONED, Drive (DISTRICT 2 — KEMPSVILLE) BY CONSENT c NEW CINGULAR WIRELESS PCS, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y L.L.C. (t/a AT&T) re ,;ommunication CONDITIONED, tower at 109 North Binineck Road BY CONSENT (DISTRICT 6 —BEACH' d CENTERVILLE BINGO, INC. re bingo DEFERRED 30 10-0 Y A Y Y Y Y Y Y Y Y Y at 1920 Centerville Turnpike (DISTRICT I DAYS TO 9/9/08 — CENTERVILLE) e MARYANNE GRADO (t/a Cosmo's APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Comer) re commercial kennel at 505 CONDITIONED, Central Drive, (DISTRICT 6 — BEACH) BY CONSENT WITH NO TRAINING ALLOWED f SANDRA K. SAWYER (t/a Sandy's APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Angels Daycare) re in-home daycare at CONDITIONED, 5621 Parkland Court (DISTRICT 1 — BY CONSENT CENTERVILLE) 9 CHECKERED FLAG MOTOR CAR APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CO., INC. re motor vehicle sales/service at CONDITIONED, 5070 Virginia Beach Boulevard. BY CONSENT (DISTRICT 4 — BAYSI)E) 4 DAVE WILSON expansion of APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Nonconforming Use at 1)9 53rd Street CONDITIONED, (existing garage apartment) (DISTRICT 5 — BY CONSENT LYNNHAVEN) 5 WELDENFIELD OF VIRGINIA, L.L.C. DEFERRED 10-0 Y Y A Y Y Y Y Y Y Y Y COZ from I-I/R-5D/O••2 to Conditional NOT TO B R-7.5 with a PD -H2 re s ingle- EXCEED 6 S family/townhomes at Regent University MOS/STAFF TO T Drive/Jake Sears Road. DISTRICT I — WORK WITH A CENTERVILLE APPLICANT ON I SPECIFIC N OPTIONS E D CITY OF VIRGINIA BEACH APPOINTMENTS: RESCHEDULED B Y C O N S E N SUMMARY OF COUNCIL ACTIONS U S AGRICULTURAL ADVISORY COMMISSION V O 1 BEACHES AND WATERWAYS DATE: 10/28/08 M B L D C E L E D H C R A W PAGE: 5 S I E J L N U N I T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE P E E E E A R I V O O H L R Y S N F N A N D APPOINTMENTS: RESCHEDULED B Y C O N S E N S U S AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS COMMISSION COMMUNITY MEDICAL ADVISORY COMMISSION DEVELOPMENT AUTHORITY HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE WETLAND'S BOARD WORKFORCE HOUSING ADVISORY COMMITTEE ADD ON Recess to Closed Session @ 8:09 PM re APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y Personnel, Publicly Held Property, Public Contract, Legal Matters ADD ON Rescind Motion to Closed Session APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y @8:11 PM Open Dialogue 8:13-8:20 PM ONE SPEAKER RE CROYDON COURT PARKING ADD ON Recess To Closed Session @ 8:22 PM APPROVED 10-0 Y A Y Y Y Y Y Y Y Y Y ADD ON Certify Closed Session @ 9:08 PM CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y M/N/O ADJOURNMENT 9:10 PM CITY OF VIRGINIA BE, 4CH SUMMARY OF COUNCIL ACTIONS V O 1 DATE: 10/28/08 M B L D C E L E D H C R A w PAGE: 6 S I E J L N U N 1 T E D N O A D H U L w AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE P E E E E A R I V O O H L R Y S N F N A N D COMMUNITY CONVERSATIONS AUGUST 21, 2008 at 7:00-9:00 PM CONVENTION CENTER CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM — 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER Comprehensive Plan Open Houses September 15, 2008 Tallwood Elementary School District #1 — Centerville 7:00 — 9:00 PM September 18, 2008 7:00 — 9:00 PM September 22, 2008 7:00 — 9:00 PM September 29, 2008 7:00 — 9:00 PM Octobet 2, 2008 7:00 — 5:00 PM October 6, 2008 7:00 — 9:00 PM October 9, 2008 7:00 — 9:00 PM October 13, 2008 7:00 — 9:00 PM Fairfield Elementary School District #2 — Kempsville Red Mill Elementary School District #7 - Princess Anne Creeds Elementary Landstown High School District #7 - Princess Anne District #7 - Princess Anne Bow Creek Recreation Center District #3 — Rose Hall District #6 — Beach White Oaks Elementary School Convention Center District #3 — Rose Hall District #6 — Beach October 16, 2008 Association for Research & District #5 — Lynnhaven 7:00 — 9:00 PM Enlightenment District #6 — Beach CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O 1 DATE: 10/28/08 M B L D C E L E D H C R A W PAGE: 7 S I E J L N U N I T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE P E E E E A R I V O O H L R Y S N F N A N D October 20, 2008 7:00 — 9:00 PM October 23, 2008 7:00 — 9:00 PM Princess Anne High School Bayside Recreation Center District #4 Bayside District #5 — Lynnhaven District #4 Bayside District #5 — Lynnhaven October 27, 2008 Cox High School District #5 — Lynnhaven 7:00 — 9:00 PM