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Home My WebLink AboutNOVEMBER 10, 2009 II CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large ITCE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DA17S, Rose Hall - District 3 WILLIAM R. DeSTEPH, At-Large HARRY E. DlEZEL, Kempsville - District 2 ROBERT M. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 JOHN E. UHRIN, Beach - District 6 RON A. 17LLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES ('fTY MANAGER JAMES K. SPORE CITY ATTORNEY MARK D. STILES CITY ASSESSOR JERALD HANAGAN ('ITY AUDITOR LYNDON S. REMIAS ('fTY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 10 November 2009 I. CITY MANAGER'S BRIEFINGS: - Conference Room - A. COMPREHENSIVE PLAN UPDATE Jack Whitney, Director - Planning B. INTELLIGENT TRANSPORT A TION SYSTEM Jason Cosby, Director - Public Works C. DIGITAL BILLBOARDS William Macali, City Attorney II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW v. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 2:30 PM 4:30 PM VI. FORMAL SESSION AGENDA - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Steve Christenson Senior Chaplain, Virginia Beach Correctional Center 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 27, 2009 G, FORMAL SESSION AGENDA H. PUBLIC HEARINGS 1. EXCESS CITY PROPERTY a. N elms Lane b. 1000 Red Mill Boulevard c. 1544 New York Avenue d. 1540 New York Avenue, 232 Gatewood Avenue, 1525 Ohio Avenue, 109 and 111 Bob Lane 2. BAKER ROAD Extended Project Condemnation of Property 3. WEST NECK ROAD INTERIM SAFETY IMPROVEMENTS Condemnation of Property I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinances DECLARING City property to be EXCESS and AUTHORIZING the City Manager to exchange, for the Zurich Arch property owned by Habitat for Humanity, the property at: a. Nelms Lane b. 1000 Red Mill Boulevard 2. Ordinances DECLARING City property to be EXCESS and AUTHORIZING the City Manager to sell the property at: a. 1544 New Y ork Avenue to Mark W.C. McGohan b. 1540 New York Avenue, 232 Gatewood Avenue, 1525 Ohio Avenue and 109 and 111 Bob Lane to Ocean Bay Homes, Inc. 3. An Ordinance to AUTHORIZE acquisition of property in fee simple for the right-of-way for Baker Road Extended with temporary and permanent easements, by agreement or condemnation 4. An Ordinance to AUTHORIZE acquisition of property in fee simple for the rights-of-way for West Neck Road Interim Safety Improvement with temporary and permanent easements, by agreement or condemnation 5. Resolution to REFER to the Planning Commission an Ordinance AMENDING SIll, S215 and S216 and ADDING S218 of the City Zoning Ordinance (CZO) re: defining electronic display billboards and establishing requirements for such billboards (requested by Councilman Diezel) 6. Resolution to SUPPLEMENT the 2010 Legislative Agenda to request the Governor and the Virginia General Assembly fully fund the Virginia National Defense Industrial Authority (VNDIA) and support legislation to provide additional monies to the Hampton Roads Military and Federal Facilities Alliance (HRMFFA) to promote and protect defense spending and other federal activities in Hampton Roads (requested by Councilman Uhrin) 7. Ordinance to ACCEPT and APPROPRIATE a $64,600 Grant from the U.S. Department of Homeland Security through the 2009 Infrastructure Protection Activities Program to the FY2009-10 Operating Budget of the Police Department re: dive equipment and training for the Police Marine Unit. 8. Ordinance to ACCEPT and APPROPRIATE from the United States Department of Justice Edward Byrne Justice Assistance Grant $214,208 re: Public Safety and Criminal Processing as follows: a. $13,000 to the Police Department re: the purchase of night vision goggles b. $30,940 to the Police Department re: the purchase of surveillance equipment c. $43,000 to the Police Department re: security improvement to the 4th Precinct parking lot d. $93,875 to the Sheriff re: security camera upgrade e. $19,390 to Juvenile and Domestic Relations District Court re: a contracted Expungement Clerk f. $2,148 to the Juvenile and Domestic Relations District Court re: an on-line training subscription g. $11,855 to the Circuit Court re: Media Evidence Display System 9. Ordinance to ESTABLISH Capital Project #3-151, ACCEPT the Grant and APPROPRIATE $800,000 from the United States Department of Justice re: mobile communications services and equipment supporting regional communication needs for the COPS Law Enforcement Technology K. PLANNING 1. Ordinance to AMEND the Comprehensive Plan re: The Pembroke Strategic Growth Area 4 Implementation Plan and REPEAL the 1991 Virginia Beach Central Business District (CBD) Master Plan. RECOMMENDA TION APPROVAL 2. Application of BRYANT & STRATTON COLLEGE for a Conditional Use Permit to allow a private university or college in the existing building at 4740 Baxter Road. DISTRICT 2 - KEMPSVILLE RECOMMENDA TION APPROVAL 3. Application of BEACH BINGO, INC., t/a PEMBROKE HALL for a Conditional Use Permit re relocation of existing bingo operation to the Chimney Hill Shopping Center at Suite 809, 3600 Holland Road. DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 4. Resolution to APPROVE the location of the existing mobile home at 2348 Vaughan Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL 5. Ordinance to AMEND the City Zoning Ordinance (CZO): a. S211 re: time limitations on political campaign signs posted on private property. b. S201 re: setbacks for front porches (requested by Council Ladies Rosemary Wilson and Barbara Henley). c. S203, 900, 901, 902 and 905 re: The Pembroke Strategic Growth Area 4 Implementation Plan. RECOMMENDATION APPROV AL 6 Application of NEW FIRST COLONIAL ASSOCIATES for a Change of Zoning District , Classification from R-15 Residential District to Conditional 0-1 Office District re a dental office at 5315 Bonneydale Road (deferred by City Council October 27,2009). DISTRICT 2 - KEMPSVILLE STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION DENIAL APPROVAL 7. Application of EN DE A VOR ENTERPRISES, L.L.c. for a Change of Zoning District Classification from AG-l and AG-2 Agricultural to Conditional B-IA Limited Business and P-l Preservation District at Chestnut Oak Way (deferred by City Council June 9, July 14, and August 11, 2009). DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL L. APPOINTMENTS COMMUNITY SERVICES BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION (RAC) REVIEW and ALLOCA nON (COG) VIRGINIA COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********************************** PUBLIC DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** Thursday, November 12th ANNUAL JOINT MEETING General Assembly, City Council and School Board City Council Sessions November 17 - Workshop November 24 - Informal and Formal Sessions December 1 and 8 - Informal and Formal Sessions Town Hall Meetings - 2010-11 Municipal Budget Wednesday, November 18, 7:00 PM Green Run High School, 1700 Dahlia Drive Thursday, December 3,7:00 PM Kellam High School, 2323 Holland Road *********** 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 11/10109afb www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 10, 2009 Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING re the COMPREHENSIVE PLAN UPDATE in the City Council Conference Room, Tuesday, November 10, 2009, at 2:30 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Glenn R. Davis [Entered: 3:03 P.M) Robert M Dyer [Absent - Ill) John E. Uhrin [Entered: 2:45 P.M) November 10,2009 - 2 - C IT Y MANA G E R 'S B R IE FIN G COMPREHENSIVE PLAN UPDATE 2:30 P. M. ITEM # 59347 Jack Whitney, Director - Planning, advised the Comprehensive Plan is one of the most important items the Planning Department can deliver to its governing body. This is the 3o'h Anniversary of the development of a Comprehensive Plan. The first Comprehensive Plan was ADOPTED in 1979. This is the first Comprehensive Plan Post BRAC and the first primarily focused around redevelopment, giving light and vision to the City's Strategic Growth Areas. This Comprehensive Use Plan is also the most user friendly. Mr. Whitney introduced Tom Pauls, Comprehensive Planning Coordinator and Mark Schnaufer, Transportation Coordinator. to present more specific information concerning the Comprehensive Plan: Mr. Pauls advised the Public Input Process entailed: twelve (12) Open Houses, three (3) Informational Meetings and two (2) Public Hearings. Stakeholder Groups · City Executives, Administrators and Staff · Regional Outreach This Comprehensive Plan will include the Policy Document, Technical Report and Reference Handbook. Policy Document Chapter 1 - Introduction and General Strategy Chapter 2 - Urban Areas Chapter 3 - Suburban Areas Chapter 4 - Princess Anne Commons/Transition Area Chapter 5 - Rural Area Chapter 6 - Master Transportation Plan Chapter 7 - Environmental Stewardship Chapter 8 - Housing Strategic Growth Areas SGA 1 Burton Station - adopted January 27,2009 Residential, hotel, corporate office and light industrial · SGA 2 Westview - under staffreview Landfills, corporate office, light industrial SGA 3 Newtown - Study currently underway. SGA 4 Pembroke - Study Nearing Completion SGA 5 North Rosemont - Study to be Conducted · SGA 6 North Lynnhaven - Study to be Conducted · SGA 7 Hilltop - Study to be Conducted · SGA 8 Oceanfront Resort - adopted December 2, 2008 Entertainment, retail, hotels, residential, office November 10, 2009 - 3 - C IT Y MANA G E R 'S B R IE FIN G COMPREHENSIVE PLAN UPDATE ITEM # 59347 (Continued) Strategic Growth Areas StrategIc Growth Areas (SGA's,) -t. 1 Burton Station 2 West\fleW 3 Newtown 4 Pe:-mtJroke 5 Rosernont 6 lynnhaven 7 HJlltop 8 Resort Area ~-'-"~"~'" -~_.~ ,--",,~,,*,~ The Suburban Focus Areas are special within the primary residential areas (the majority of the 170,000 homes within the City are located in these Suburban Focus Areas)) Suburban Focus Areas """- ..,. " "'\.. \, '\ 4, '~':B. "-~~:....' \/r'~._~,-. 7 "', , - ',i"\. , .'. \ Oceon : : in" ,.,~ ' '-'i,"::f2. ' " ' lf 'L \ '. <.~~-----, '\ \ ) , I]': November 10, 2009 - 4 - C IT Y MANA G E R'S B R IE FIN G COMPREHENSIVE PLAN UPDATE ITEM # 59347 (Continued.) Princess Anne Commons and Transition Area Princess Anne Commons & Transition Area Rural Area For the most part, there are not many changes to the Rural Area. A Pungo Study is being recommended. Rural Community Areas (circled) are suggestedfor non-residential rural growth. A Technical Report is required by State Law and contains Citywide and Planning Area Information: Land Use, Environment, Transportation, Public Facilities, Housing, Historic Cultural, Economic Vitality, Tourism, Military Employment and Agriculture. Reference Handbook Community Design Guidelines Adopted By Reference Agendafor Future Action November 10, 2009 ! i.1 - 5 - C IT Y MANA G E R 'S B R IE FIN G COMPREHENSIVE PLAN UPDATE ITEM # 59347 (Continued) Mr. Pauls advised Mark Schnaufer, Transportation Coordinator, would present the overview of Transportation Policies. 2009 Draft Plan Overview Transportation Policies Citywide Policies and Roadway Network Plan Reformatted Roadway Network Map Roadway functional classification and amenities Coordinated with Public Works standards Access Control roadways mapped Information re Roadway Network Map, Access Controlled Roads and a Primary Bike Network Commuter Route Map were displayed. The City will adopt, under separate cover. road right-of way, if development standards change or other issues change, as new roads are built, changes can be adjusted without going through the old Comprehensive Plan Amendment process. This document will be developed with Public Works and should be provided within two (2) months. Transportation Policies · Land Use/Transportation relationship Coordinate with Strategic Growth Area (SGA) implementation - Refine traffic model · Traffic Demand and Congestion Management Emphasis on multi-modal and off-peak trips Use of ITS technology and development standards Public Transit Transit links to Norfolk Tide Light Rail extension study Transit in Strategic Growth Area (SGA) implementation · Bicycle and Pedestrian Facilities Primary Bike Network-Commuter Route Develop City "Complete Streets" Policy Connectivity through neighborhoods · Regional Transportation Planning Hampton Roads Transportation Planning Organization (HRTPO) and Hampton Roads Transit (HRT) participation Regional highway planning (Southeastern Parkway is still a major part of the City's Transportation Plan) High-speed rail At a special meeting of the Hampton Roads Transportation Planning Organization (HRPTO) at a Special Board Meeting on October 30. 2009, the organization voted unanimously to support bringing high speed rail down the 1-460 Corridor into the City of Norfolk. November 10, 2009 i II - 6 - C IT Y MANA G E R 'S B R IE FIN G COMPREHENSIVE PLAN UPDATE ITEM # 59347 (Continued) Mr. Pauls summarized the Environmental Stewardship Policies, all of which are addressed in the Comprehensive Plan. Environmental Stewardship Policies Watershed Management · Stormwater Management · Floodplain and Wetland Protection Energy Efficient Development · Natural Hazard Mitigation · Tree Protection Other Planning Policies Preserving, Renewing and Enhancing our Neighborhoods Reaffirming our Commitment to the Oceana Land Use Conformity Program Next Steps November 12,2009 Planning Commission Public Hearing December 1,2009 City Council Public Comment December 8, 2009 City Council Considers Adoption Prepare to launch new website: www.ourfuturevb.com The new website will contain all information re the Comprehensive Plan. . Mayor Sessoms advised Council Lady Henley reminded him that Jack Whitney originally was the Comprehensive Planner and prepared the first Comprehensive Plan in 1979. November 10, 2009 ! Ii il - 7 - C IT Y MANA G E R 'S B R IE FIN G INTELLIGENT TRANSPORTATION SYSTEM 2:50 P.M. ITEM # 59348 The City Manager introduced Jason E. Cosby, Director - Public Works. Mr. Cosby described the Intelligent Transportation System (ITS). Mr. Cosby recognized the support of the First Responders, the attendance of Chief Bruce Edwards - Emergency Medical Service and ComIT, Captain Ray Eisenberg - Police and Terrence J. McAndrews - Fire. Several staff members who are directing the ITS project were in attendance: Frank Hickman, George L. Hardin, Robert K. Gey. Mr. Cosby recognized the newly appointed Director - Emergency Communications and Citizens Services (ECCS) - Althena M Plummer. The City Manager advised Ms. Plummer was previously the Deputy Director of Emergency Operations for the District of Columbia in which she handled events such as the Presidential Inauguration. Previous to this employment, she was in Anne Arundel County, Maryland, as the Commander of their Police Communications and Patrol District Divisions. She possesses a Bachelor's Degree in Criminal Justice and a Masters from John Hopkins in Management. The City is honored to have her as a Member. c"CCC:'C~ c;,j';,: c '<Jf"'rc~... , .c'" 'Irg ci .~ .i';"i"""i"""'i. ",' "%i "... ... , ........,...,. ;Iilm <, -.-----,."..''''"''':"''~,,........ ......,_... ITS Program Public Works Department Jason E. Cosby, P.E. '"""".- (i.), :;>) \~~ ~~... ~.i} l:\.:~. ,.~fr.~:/'~/ \.,--'" .;A...Jjtff......_ ....J.' \..;;.~~;.~o-4-..1 Mr. Cosby detailed the photographs: Upper Left - Traffic Count Station on Princess Anne Road (near Landstown High Schools) Upper Right- Dynamic Message Panels on Northampton Lower Left- TMC at Landstown Yard Lower Right - Independence Boulevard/Bonney Road Intersection Overview · ITS Definition · Initial situation · Transportation Needs . Developed an ITS Master Plan . Successfully Competed for Regional Funds . Progress Toward ITS Goals . Program Expenditures to Date . Items Remaining to be Accomplished · Future Projects November 10, 2009 - 8 - CITY MANAGER'S BRIEFING INTELLIGENT TRANSPORTATION SYSTEM ITEM # 59348 (Continued) Intelligent Transportation Systems (ITS) . ITS: . A broad range of diverse technologies that provide the information necessary to enable people and goods to move more safely and efficiently through a state-of-the-art, intermodal transportation system . Enable the rapid collection and dissemination of traffic incident and weather information to the First Responders Benefits of ITS . Enables motorists to make smarter travel choices . Through advanced accident/incident notification . Increases Mobility . Reduces stops and delays (*5% - 42%) . Leads to a reduction in motorists frustration . Improves the Environment and Saves Energy . Reducesfuel consumption (*2% - 13%) . Leads to improved air quality · Improves safety · Save lives . Allows for efficient incident management . Reduces construction cost . Allows for the optimization of existing infrastructure . Traffic Signal Retiming typically has a Benefit/Cost of 40: 1 * Sources: www.itsbenefits.its.dot.gov,' ITEjournal Video Imaging Vehicle Detection System (VIVOS) I Video Detection Device I VIVDS Installed November 10, 2009 I II II - 9 - C IT Y MANA G E R 'S B R IE FIN G INTELLIGENT TRANSPORTATION SYSTEM ITEM # 59348 (Continued) Emergency Preemption allows the Fire and EMS to cycle the light green within 1000 feet. The School Flasher System operates using solar power and only while Schools are in session t'I\':::::::.: ,::d:tj1il\~::;::::", ,.t::,,~~H11lJ)UjW2'> ___Examph~s ot:;l~r:S "eChnel~~; -----. ~ Vehicle Emergency Preemption School Flasher System lb. . Solar-powered . operated through a paging System . Enhances time-critical travel . Available in the CBD and other corridors identified by the Fire/EMS Dept. Typical ITS Improvements at an Intersection: Vehicle Detection System Countdown Pedestrian Signals . Mast Arms Installations (to replace outdated span wires and allow utilization of more Joint Use Polls) . Emergency Vehicle Preemption . Traffic Signal Coordination November 10. 2009 - 10- CITY MANAGER'S BRIEFING INTELLIGENT TRANSPORTATION SYSTEM ITEM # 59348 (Continued) The staffreviewed the City's replacement program in 1999 as the Public Works' System was well beyond its useful life. Repair parts were no longer available because of the old technology Transportation Needs · Develop an ITS Transportation Program · Better Travel Information to Motorists · Improvements to Air Quality · Better Signal Timing & Coordination · Construct a Traffic Management Center In August 2000, Public Works hired a design firm to develop an Intelligent Transportation System (ITS) Master Plan, and, in October 2000, the Staff made an ITS presentation to City Council: The Master Plan: Documented existing conditions Identified $15-MILLION in program needs · Initiated an Implementation Plan · Master Plan was completed in February 2002 --",,,-,,,,,,-,-'-;:"';'.;"".. Successfully Competed for Regional Funds · April 2002 consolidated ITSJJrojects into the Computerized Traffic Signal System Upgrade project (CIP 2-039) .. Vehicle Video Detection projects .. Resort Area Variable Message Sign Project " Shore Drive-Atlantic Avenue Improvement project · May 2002 presented to HRPDC Technical Committee · October 2003 HRPDC granted us CMAQ funds Progress Towards ITS Goals December 2003: December 2003 -- September 2005: March 2004 February 2006: July 2004 -- January 2008 February 2008 Replaced the traffic signal computer system Replaced traffic signal controllers and cabinets Completed design of Traffic Management Center Completed construction of the Traffic Management Center Designed transportation system network project Bid Transportation System Management Network project November 10, 2009 - 11 - C IT Y MANA G E R 'S B R IE FIN G INTELLIGENT TRANSPORTATION SYSTEM ITEM # 59348 (Continued) · NEMA Controllers · Coordinated Signal Timings · Transit Priority · Uninterruptible Power Supply UPS FIBER FIBER NEMA CONTROLLER NEMA CONTROLLER NEMA CONTROLLER NEMA CONTROLLER City Wide Signal Retiming w.e s _ UPC 82112 (58) _ UPC 87091 (97) =UPC84120(98) Received $1. 7-MILLION in (Congestion Mitigation Air Quality Fund) CMAQfunds for signal retiming from HRPDC (MPO). Plan to retime approximately two hundredfifty (250) signalized intersections. Some corridors had not been retimed in ten (10) years. Goal is to retime all signals within afive (5-) year period, which is within the industry standard November 10, 2009 I - 12 - C IT Y MANA G E R 'S B R IE FIN G INTELLIGENT TRANSPORTATION SYSTEM ITEM # 59348 (Continued) Began Retiming in October 2008 Completed so far: . Indian River Road (Military Highway to Ferrell Parkway) Town Center (Independence Blvd from Jericho Drive to Holland I Virginia Beach Boulevard from Thalia to Aragona Blvd) Virginia Beach Boulevard East (from Thalia to Great Neck! Lynnhaven Pwy from Virginia Beach Boulevard to Lynnhaven Mall) First Colonial Road (from Wolfsnare Road to Oceana Blvd! Laskin Roadfrom Republic Road to Hilltop East) . . . City Wide Signal Retiming Program Expenditures To Date Total Project Cost Federal/CMAQ City Funds $21,165,833 $19,969,000 allocated $1,196,833 allocated Items Remaining to be Accomplished Installation of Dynamic Message Panels Six (6) panelsl major arterial locations Estimated completion June 2010 November 10, 2009 I II - 13 - C IT Y MANA G E R 'S B R IE FIN G INTELLIGENT TRANSPORTATION SYSTEM ITEM # 59348 (Continued) \ \" w4r-' .. ).... ,,,,..--- /"", ..<i< ,- "-.", ~.., f .--...,,"""''' , \ t" '\ ",~#'." \ . DYNAMIC MESSAGE SIGNS j Signs are typically 6' tall by 12 'wide - Mounted 19 feet above roadway Municipalities with Dynamic Message Panels are: · Chesapeake received bid on 7 DMS in Sept 2009 VDOT has 298 DMS along 1-6412641664 · Northern Virginia! City of Richmond have DMS - Norfolk 1 2 DMSI1 operationall has access to VDOTs DMS - Hampton uses VDOTs DMS - Newport News relies on VDOT DMS Why they are needed???: - Federal Highway Administration (FHWA) recognizes their value to convey timely and important information to motorists - FHWA discourages the display of general public information or non essential messages - FHWA criteriafor dynamic message panels are: 1. Used for emergency or security alert messages example the AMBER Alert and Military Base Security 2. Included necessary coordination with Public Safety or Security agencies 3. Recommend formal policies among critical stakeholders (Law enforcement, security. transportation, and public safety) be established. Mr. Cosby displayed examples of Dynamic Message Panels on Princess Anne Road, Shore Drive/First Court Road Northampton Boulevard, Shore Drive/First Landing and Independence Boulevard! Haygood Road. November 10, 2009 ! II - 14 - C IT Y MANA G E R 'S B R IE FIN G INTELLIGENT TRANSPORTA TION SYSTEM ITEM # 59348 (Continued) Items Remaining to be Accomplished Installation of Video Wall Fully Staff the Traffic Management Center (TMC) . Traffic Engineer(1} . Engineering Technician (1) . Traffic Signal Technicians (4) Exporting Traffic Information to Virginia Department of Transportation (VDOT), Virginia Beach Television (VB TV), and Emergency Operations Center (EOC) . Estimated commencement date June 2010 Integration of Regional Traffic Incident Management System (RTIMIS) . Help Police/Fire/Rescue localize crashes on interstates/major arterials Complete Signal Retiming Future Projects Close Circuit Cameras (CCTV) with the pan tilt zoom capabilities that will allow visibility to the road, intersections and surrounding area. These will be placed at thirty (30) additional intersections. LP generators operate as long as gas is available (no need to refuel) and will maintain power to the intersection. These will be placed at Close Circuit Camera locations and major intersections within the City of Virginia Beach. The typical installation cost will entail $30,000. .,--._...-..._---~-, Future Projects Resort Area Advanced Parking Management System ~ Parking example November 10, 2009 i I - 15 - CITY MANA GER'S BRIEFING INTELLIGENT TRANSPORTATION SYSTEM ITEM # 59348 (Continued) =:---._-""""',:.::~ Future Projects Icy Bridge Monitors Flooded Road Monitors , --- Futu re Project .46. Additional Pre-emption Working with Police Department/Fi re/Emer ency Medical Services Pre-emption will be added to twenty-six (26) intersections in the City. The staffwill be able to identifY the pre-empting vehicles by: code! date-time! direction. These will be added on all major arterial roads with the assistance of Police!Fire/Emergency Medical Services to determine additional locations. A memorandum concerning the individual cost of the Dynamic Message Signs, the Closed Circuit Television Cameras and parking signs, which is included in the $21-MILLION, will be provided as per request of Councilman DeSteph. Mr. Cosby will review Councilman Woods' concern re the intersection at Thalia and Virginia Beach Boulevard, as well as similar intersections. The Fire Trucks coming out preempt that intersection and the turn lane signals are disoriented. The signals do not turn green for six or more cycles. November 10, 2009 - 16 - C IT Y MANA G E R 'S B R IE FIN G DIGITAL BILLBOARDS 3:16 P.M. ITEM # 59349 Deputy City Attorney Macali described Digital (v. poster-style) billboards. - internally illuminated (brighter) _ can change messages, brightness and colors (8-10 seconds. is typical) - video capability - interactive capability City Council may limit any features of digital billboards (except message content), e.g. static display only/no audio brightness ("luminance") length of each display ("dwell time'') Deputy City Attorney Macali displayed examples of Digital Billboards in Fredericksburg and 1-64, as well as poster-style billboards on 1-64 Adams Outdoor Advertising Proposal Preliminarv plan - convert three (3) billboards with City Council approval: - 4356 Virginia Beach Boulevard - 4719 Indian River Road -1975 Diamond Springs Road November 10, 2009 i I I H - 17 - C IT Y MANA G E R 'S B R IE FIN G DIGITAL BILLBOARDS ITEM # 59349 (Continued) At Councilman Diezel's request, an Ordinance has been drafted for discussion purposes. This Draft Ordinance applies to all billboards in Virginia Beach. Currently there are thirty (30) billboards in Virginia Beach: nineteen (19) are owned by Adams Advertising and there are four (4) other "quasi- billboards" Deputy City Attorney Macali cited components of the Draft Ordinance: Only as replacement of existing billboard on same property City Council approval required Procedure the same as for other nonconforming uses/structures Application Requirements Includes standard requirements (site plan, landscaping plan, building code certification, etcetera) Protocol for City's usage of billboard DimensionallLocational Requirements: No larger than old one; City Council may require to be smaller No higher than old one; City Council may require to be lower. Maximum height 24 feet No closer to street than old one Maximum one (1) per zoning lot Maximum two (2) faces No vertical stacking Not within: - 400 feet of an Historic & Cultural District - 2000 feet of another digital billboard - Hampton Roads Transit (HRT) Light Rail Project Study Area Illumination Requirements Maximum illumination: - sunrise to sunset = 7,000 cd/m2 - sunset to 1 AM = 500 cd/m2 - none between 1 AM and 5 AM cd/m2 - (candelas per square meter) one candela is equal to the lightfrom one common candle. City Council may require display to go dark at Midnight if visible from Residential or Apartment District Must have automatic dimmer control device November 10, 2009 I II - 18 - C IT Y MANA G E R 'S B R IE FIN G DIGITAL BILLBOARDS ITEM # 59349 (Continued) Display Requirements Must be static (no blinking, flashing, etc) Dwell time eight (8) seconds minimum Changes to take no more than two (2) seconds No audio The Federal Highway Administration is performing a study concerning effect on driver distraction. This should be completed early next year. There is no specific date re completion. Landscaping Requirements Sufficient at maturity to fully screen supporting structures from road City Council may require additional landscaping Maintained in good condition at all times Other Provisions No messages or symbols commonly used for traffic control purposes May not block motorists' view of traffic signs, intersections, etc. All electrical service lines must be underground Public Safety Messages Must be capable of displaying public safety messages transmitted by the City or other authorized agencies Public use per protocol agreed upon by City and applicant - Protocol made a condition of approval Enforcement City Council may revoke approval for noncompliance with resolution or conditions of approval Zoning Administrator must first give notice to owner and specifY a reasonable period to cure noncompliance November 10, 2009 - 19 - C IT Y MANA G E R 'S B R IE FIN G DIGITAL BILLBOARDS ITEM # 59349 (Continued) Next Steps Today (City Council Session of November 10, 2009) - City Council shall vote on a Resolution to REFER this Ordinance to the Planning Commission for their Meeting in January Likely, Planning Commission will schedule Workshops/Public Comment Sessions in January and vote in February To City Council in March Councilman Davis referenced an on-line poll of The Virginian-Pilot which overwhelmingly reflected the citizens are interested in safety of the drivers. The citizens decided electronic billboards should be allowed if the City can use them to display useful information. Councilman Davis believes the Adams' proposal would provide the same ability as the Dynamic Message Signs (free of charge). This proposal was mentioned in Mr. Cosby's earlier presentation. November 10, 2009 - 20- CITY COUNCIL LIAISON REPORTS ITEM # 59350 3:48 P.M. BIKEWAYS AND TRAILS ADVISORY COMMITTEE Council Lady Henley, Liaison - Bikeways and Trails Advisory Committee advised the Committee had a meeting yesterday, November 9, 2009. There was discussion re education and enforcement and they are concerned re safety issues. Two (2) representatives from the Police Department were in attendance. The Police Department provided aflyer discussing bicycle laws and safety. Council Lady Henley requested a Briefing re this topic be scheduled for a future City Council Session. The Police Officers advised so far this year, there have been three (3) fatalities involving bicyclists. The City must do a better job of educating the motoring public and the bicyclists of the regulations. The City needs to be aware of the numbers of bicycle teams. Next year, the Bikeway Plan will be updated. All members utilizing these bikes and trails should be given consideration in the Study. The City Manager advised of Briefings by the Virginia Beach Police re their educational safety efforts. A Briefing re the Bikeways and Trails Committee planning process shall be scheduled. Councilman DeSteph, Liaison - Bikeways and Trails Advisory Committee, advised there are four (4) "bicycle awareness" type rides, in which he participated along with approximately two hundred (200) and three hundred fifty (350) other individuals. This is a growing world-wide sport. ITEM # 59351 MAYOR'S COMMITTEE ON EMPLOYEE PENSIONS Councilman Diezel advised the Mayor had requested he Chair a Committee re the retirement system and cost involved. The first meeting was very effective. The second meeting has been scheduled for November J 8, 2009, and will involve a presentation re Joint Legislative Audit and Review Committee (JLARC) and the Virginia Retirement System (VRS) concerning their study re defined Contributions and Benefits. Summary minutes are being prepared and he shall provide City Council a copy for their reference. ITEM # 59352 MINORITY BUSINESS COUNCIL Councilman Ron A. Villanueva, Liaison - Minority Business Council advised, on behalf of himself and Councilman Robert M Dyer, the Minority Business Council Expo celebrated its fourteenth year on Thursday, November 5, 2009, at the Westin Hotel. Approximately four hundred (400) businesses attended. Awards were presented in the following categories: Small Woman and Minority-Owned Businesses, Diversity Champion, Exceptional Achievement and Service Disabled Veteran-Owned Businesses. Mayor Sessoms expressed appreciation to the Council Members and referenced the dedicated staff who supported this event. November J 0, 2009 - 21 - CITY COUNCILCOMMENTS ITEM # 59353 3: 56 P.M. Council Lady Henley referenced attending a Community Meeting re the 51% sewer project from the Lotus Gardens. Lotus Gardens and Flanagan's Lane communities completed the documents to be a 51% sewer project with cost participation with the Ashville Park development. The purpose of this meeting was to advise Ashville Park is not moving forward now, neither can the proposed sewer project. The cost of serving the seventy-four (74) properties would be astronomical per lot. The community was not pleased. Council Lady Henley requested a Briefing be provided relative the 51% Policy. There are a number of issues. ITEM # 59354 Councilman DeSteph provided an update re the Chinese Drywall issue. Friday, November 6, 2009, he met with Congressmen Cantor and Nye re jointly signing correspondence to the Director of Consumer Product Safety Commission (CPSC) to conduct a ten-to- fifteen day study whether the drywall met or did not meet the Building Code standards. Monday, November 9, 2009, Councilman DeSteph met with Senators Webb and Warner and all have agreed to this correspondence at the Federal level. Councilman DeSteph is working with legislators at the State level to have the Commissioner of Insurance review the pollution exclusion and abuse of this concept, or basically claiming the pollution exclusion tying into a pollution event. Within the next thirty days, at this State level, Councilman DeSteph should be provided with results. Councilman DeSteph should be advised concerning the correspondence at the Federal level by the end of this week. ITEM # 59355 Mayor Sessoms referenced the issue of Health Care - Reform, Implications and Recommendation. The City Manager, based on the current health care reform discussion and potential impacts, has recommended delay of the RFP process for one year. Instead of pursuing a new contract, staff would negotiate fairly aggressively with Optima Healthfor a one-year contract renewal for 2011. In June 2008, the City Council directed the Benefits Executive Committee to undertake an RFP process for new medical contracts for Plan Year 2011. The five-month process will now begin the first week of January 2010 and conclude the end of May. ITEM # 59356 Mayor Sessoms referenced the "Requested Options for Life Safety Education Specialist Position" contained in the City Council Package of November 6, 2009. Mayor Sessoms recommended Option #2, Transfer a vacant Full Time Employee (FTE) and funding from elsewhere in the City to the Fire Department. ITEM # 59357 Mayor Sessoms requested the City Manager advise the process and time frame if a garbage fee should be considered. In this request, Mayor Sessoms is not saying this City Council supports a garbage fee. Councilman DeSteph advised this would equate to approximately 6 cents per $100 on the real estate tax. If a fee is assessed, the assessment will not be tax deductible for citizens on their Annual tax return. November 10, 2009 - 22- AGE N DA REV IE W S E S S ION 4:10 P.M. ITEM # 59358 This item shall be discussed during the Formal Session. 5. Resolution to REFER to the Planning Commission an Ordinance AMENDING J1 1 1, J215 and J216 and ADDING J218 of the City Zoning Ordinance (CZO) re: defining electronic display billboards and establishing requirements for such billboards (requested by Councilman Diezel) ITEM # 59359 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinances DECLARING City property to be EXCESS and A UTHORIZING the City Manager to exchange for the Zurich Arch property owned by Habitat for Humanity, the property at: a. Nelms Lane b. 1000 Red Mill Boulevard 2. Ordinances DECLARING City property to be EXCESS and AUTHORIZING the City Manager to sell the property at: a. 1544 New York Avenue to Mark w.e. McGohan b. 1540 New York Avenue, 232 Gatewood Avenue, 1525 Ohio Avenue and 109 and 111 Bob Lane to Ocean Bay Homes, Inc. 3. An Ordinance to AUTHORIZE acquisition of property in fee simple for the right- of way for Baker Road Extended with temporary and permanent easements, by agreement or condemnation 4. An Ordinance to A UTHORIZE acquisition of property in fee simple for the rights- of way for West Neck Road Interim Safety Improvement with temporary and permanent easements, by agreement or condemnation 6. Resolution to SUPPLEMENT the 2010 Legislative Agenda to request the Governor and the Virginia General Assembly fully fund the Virginia National Defense Industrial Authority (VNDIA) and support legislation to provide additional monies to the Hampton Roads Military and Federal Facilities Alliance (HRMFFA) to promote and protect defense spending and other federal activities in Hampton Roads (requested by Councilman Uhrin) November 10,2009 - 23 - AGE N DA REV IE W S E S S ION ITEM # 59359 (Continued) 7. Ordinance to ACCEPT andAPPROPRlATE a $64,600 Grantfrom the u.s. Department of Homeland Security through the 2009 Infrastructure Protection Activities Program to the FY2009-10 Operating Budget of the Police Department re: dive equipment and trainingfor the Police Marine Unit. 8. Ordinance to ACCEPT and APPROPRIATE from the United States Department of Justice Edward Byrne Justice Assistance Grant $214,208 re: Public Safety and Criminal Processing as follows: a. $13,000 to the Police Department re: the purchase of night vision goggles b. $30,940 to the Police Department re: the purchase of surveillance equipment c. $43,000 to the Police Department re: security improvement to the 4th Precinct parking lot d. $93,875 to the Sheri/fre: security camera upgrade e. $19,390 to Juvenile and Domestic Relations District Court re: a contracted Expungement Clerk f $2,148 to the Juvenile and Domestic Relations District Court re: an on- line training subscription g. $11,855 to the Circuit Court re: Media Evidence Display System 9. Ordinance to ESTABLISH Capital Project #3-151, ACCEPT the Grant and APPROPRIA TE $800,000 from the United States Department of Justice re: mobile communications services and equipment supporting regional communication needs for the COPS Law Enforcement Technology *Council Lady Henley advised correction to Item 4 (West Neck Road Interim Safety Improvement. "Construction of the Master Project is not projected to start until 2012". This line should be deletedfrom the Agenda Request Form. November 10,2009 - 24- AGE N DA REV I E W S E S S ION ITEM # 59360 BY CONSENSUS, thefollowing items shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Ordinance to AMEND the Comprehensive Plan re: The Pembroke Strategic Growth Area 4 Implementation Plan and REPEAL the 1991 Virginia Beach Central Business District (CBD) Master Plan. 2. Application of BRYANT & STRATTON COLLEGEfor a Conditional Use Permit to allow a private university or college in the existing building at 4740 Baxter Road. DISTRICT 2 - KEMPSVILLE 3. Application of BEACH BINGO, INe, tla PEMBROKE HALL for a Conditional Use Permit re relocation of existing bingo operation to the Chimney Hill Shopping Center at Suite 809, 3600 Holland Road. DISTRICT 3 - ROSE HALL 4. Resolution to APPROVE the location of the existing mobile home at 2348 Vaughan Road. DISTRICT 7 - PRINCESS ANNE 5. Ordinance to AMEND the City Zoning Ordinance (CZO): a. 9211 re: time limitations on political campaign signs posted on private property b. 9201 re: setbacks for front porches (requested by Council Ladies Rosemary Wilson and Barbara Henley). c. 9203, 900, 901, 902 and 905 re: The Pembroke Strategic Growth Area 4 Implementation Plan. November 10,2009 - 25 - ITEM # 59361 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MA TTERS: Discussion, consideration oj, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(l) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of City Property: Princess Anne District Lynnhaven District Kempsville District Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 4:13 P.M. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer (Break: 4:15 P.M. - 4:20P.M.) (Closed Session: 4:20 p.M. - 5:05 P.M.) (Dinner: 5:30 P.M. - 5:55 P.M.) November 10,2009 - 26- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 10,2009 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November] 0, 2009, at 6:00 P.M Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson andJamesL. Wood Council Members Absent: Robert M Dyer [Absent - Ill) INVOCA TION: Reverend Steve Christenson Senior Chaplain Virginia Beach Correctional Center PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial'') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April] 0, 2007, is hereby made a part of the record November 10, 2009 - 27- Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. November 10,2009 - 28 - Item - V-E.] CERTIFICATION ITEM # 59362 Upon motion by Councilman Wood, seconded by Councilman DeSteph, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer November 10, 2009 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #59361, Page 25, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW; THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~*;) City Clerk November 10, 2009 , III - 29- Item V-F.] ITEM # 59363 Upon motion by Councilman DeSteph, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the FORMAL SESSION of October 27,2009. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Rosemary Wilson Council Members Absent: Robert M Dyer Council Lady Wilson ABSTAINED, as she was not in attendance during the City Council Session of October 27, 2009, but onfamily vacation in New York City November 10, 2009 - 30 - Item V-G.l. ADOPT AGENDA FOR FORMAL SESSION ITEM # 59364 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 10, 2009 - 31 - Item V-H.J.aIb PUBLIC HEARING ITEM # 59365 Mayor Sessoms DECLARED A PUBLIC HEARING: EXCESS CITY PROPERTY Nelms Lane 1000 Red Mill Boulevard There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. November 10, 2009 - 32 - Item V-H.J.c/d PUBLIC HEARING ITEM # 59366 Mayor Sessoms DECLARED A PUBLIC HEARING: EXCESS CITY PROPERTY 1544 New York Avenue 1540 New York Avenue, 232 Gatewood Avenue, 1525 Ohio Avenue, 109 and 111 Bob Lane There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. November 10, 2009 - 33 - Item V-H.2. PUBLIC HEARING ITEM # 59367 Mayor Sessoms DECLARED A PUBLIC HEARING: BAKER ROAD Extended Project Condemnation of Property There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. November 10, 2009 - 34 - Item V-H.J. PUBLIC HEARING ITEM # 59368 Mayor Sessoms DECLARED A PUBLIC HEARING: WEST NECK ROAD INTERIM SAFETY IMPROVEMENTS Condemnation of Property There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. November 10, 2009 - 35 - Item V-H4. MA YOR'S RECOGNITION ITEM 59369 Mayor Sessoms RECOGNIZED the following Boy Scout in attendance to earn his merit badge: Logan Gardner Boy Scout Troop #12 Mayor Sessoms presented Logan with a City Seal Pin. November 10, 2009 - 36 - Item V-J. ORDINANCES/RESOLUTIONS ITEM # 59370 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED in ONE MOTION Items la/b, 2a/b, 3,4, 6, 7, 8a-g, and 9 of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer November 10,2009 - 37 - Item V-J.1.aJb. ORDINANCES/RESOLUTIONS ITEM # 59371 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinances DECLARING City property to be EXCESS and A UTHORIZING the City Manager to exchange, for the Zurich Arch property owned by Habitat/or Humanity, the property at: a. Nelms Lane b. 1000 Red Mill Boulevard Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer November 10, 2009 I. III AN ORDINANCE DECLARING PROPERTY LOCATED AT NELMS LANE (GPIN: 1467-77- 0386) TO BE IN EXCESS OF THE CITY'S NEEDS AND AUTHORIZING THE CITY MANAGER TO EXCHANGE SAME TO HABITAT FOR HUMANITY FOR PROPERTY LOCATED AT ZURICH ARCH WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain parcel of land located on Nelms Lane (GPIN: 1467-77-0386) (the "Nelms Lane Property"); WHEREAS, the Nelms Lane Property was originally acquired for the Richard Road Extension Project and is not needed for public purposes; WHEREAS, a supermajority vote is needed for the disposition of the Nelms Lane Property; WHEREAS, Habitat for Humanity ("Habitat") is the owner of that certain parcel of land located at Zurich Arch (the "Zurich Arch Property"), which is approved for the development of six new townhouses; WHEREAS, a land exchange has been proposed whereby the City would convey to Habitat the Nelms Lane Property as well as another property located on Red Mill Boulevard, and Habitat would convey the Zurich Arch Property to the City; WHEREAS, the City Council is of the opinion that the Nelms Lane Property is in excess of the needs of the City; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Nelms Lane Property is hereby declared to be in excess of the needs of the City and that the City Manager is hereby authorized to execute any documents necessary to convey such property to Habitat and to accept the Zurich Arch Property from Habitat in substantial conformity with the Summary of Terms attached hereto and such other terms and conditions deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of November , 2009. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBER ELECTED TO COUNCIL. I 'II APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ~ c. ~O>I. ? ~~ CA11211 Ilvbgov.comldfs I lapplicationslcitylawprod\cycom321 Wpdocs1D029\P006 100030353 .DOC R-1 November 10, 2009 . I III -<<l CXl .'--.:J 1# D ~ >- ~ ~.~ ;Lo ffi ~ z- rI.l ~ r::::::J--"" l.., ~ ~ ~ )y N ::!: 0 Z ~ .~ '--- r Pl.1 ~ !. ~ ,>~~ ~ Z ~ :s:! ~ '" IL 'U th (I '?/~ w 0 == Ul co " ~. .., =11 s I L:: :. J' F ": J J I l~ r~ .~ 'I I ~~ 'SH~iH';th\ ~o l /; kJ ~ L C:7 om - I I~ I) ~ 0 oP CJ 1 f~ ~fE[] ~~r) ~~ -'. ;:_ (I / CJ I i v. i-I -f /;1 I tJ C:!V J [ ~ D J / J I ~&I-...I r l ~ {:77/ I'll VJ;~' r - - f, f J-;.~ / I II/L ~~;: I I / I] d~-O:J: h I I' 1 r hi ~~C-~~ I / !;F! /~ (7~ - J J / II ~ .~ k ;; II O-<,~ -IE If__~ CXl ~ '<t ::I III ell (1 ell U) 15 >- 8: ffi ~ c.. e ~ ~ ~ ~ ~ (] w ~ ~ ~ "~LU~ ~ t: 0 ~ J ~ i SELLER: PURCHASER: PROPERTY TO BE CONVEYED TO HABITAT: PROPERTY TO BE CONVEYED TO CITY: EASEMENT TO BE RESERVED: SUMMARY OF TERMS LAND EXCHANGE OF EXCESS PROPERTY AT NELMS LANE City of Virginia Beach ("City") South Hampton Roads Habitat for Humanity, Inc. ("Habitat") Property at Nelms Lane (GPIN 1467-77-0386) (supports four (4) new townhouses) 1000 Red Mill Boulevard (supports two (2) new subdivided lots) (See location map) Zurich Arch Property (GPIN 1487-93-9540) (supports six (6) new townhouses) (See location map) City will reserve an easement for the 8" gravity sewer line that runs along the northern boundary line of the property V :\applications\citylawprod\cycom32\ WpdocslDO 13\P004\00072313.DOC 1 AN ORDINANCE DECLARING PROPERTY 2 LOCATED AT 1000 RED MILL BOULEVARD 3 TO BE IN EXCESS OF THE CITY'S NEEDS 4 AND AUTHORIZING THE CITY MANAGER 5 TO EXCHANGE SAME TO HABITAT FOR 6 HUMANITY FOR PROPERTY LOCATED AT 7 ZURICH ARCH 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 10 parcel of land located 1000 Red Mill Boulevard (GPIN: 2414-36-7307) (the "Red Mill 11 Property"); 12 13 WHEREAS, the Red Mill Property was originally acquired for the Red Mill Farm 14 Project and is not needed for public purposes; 15 16 WHEREAS, Habitat for Humanity ("Habitat") is the owner of that certain parcel of 17 land located at Zurich Arch (the "Zurich Arch Property"), which is approved for the 18 development of six new townhouses; 19 20 WHEREAS, a land exchange has been proposed whereby the City would convey 21 to Habitat the Red Mill Property as well as another property located on Nelms Lane, and 22 Habitat would convey the Zurich Arch Property to the City; 23 24 WHEREAS, the City Council is of the opinion that the Red Mill Property is in 25 excess of the needs of the City; 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the Red Mill Property is hereby declared to be in excess of the needs of the 31 City and that the City Manager is hereby authorized to execute any documents 32 necessary to convey such property to Habitat and to accept the Zurich Arch Property 33 from Habitat in substantial conformity with the Summary of Terms attached hereto and 34 such other terms and conditions deemed necessary and sufficient by the City Manager 35 and in a form deemed satisfactory by the City Attorney. 36 37 This ordinance shall be effective from the date of its adoption. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10thday 40 of November , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: czYmnUr c. ~Srrr. (? CA11190 Ilvbgov .comldfs I lapplications\citylawprodlcycom32\ WpdocslD029\P006\00030380. DOC R-1 November 10, 2009 1rtlli~ I III SELLER: PURCHASER: PROPERTY TO BE CONVEYED TO HABITAT: PROPERTY TO BE CONVEYED TO CITY: SUMMARY OF TERMS LAND EXCHANGE OF EXCESS PROPERTY AT 1000 RED MILL BOULEVARD City of Virginia Beach ("City") South Hampton Roads Habitat for Humanity, Inc. ("Habitat") 1000 Red Mill Boulevard (supports two (2) new subdivided lots) Property at Nelms Lane (GPIN 1467-77-0386) (supports four (4) new townhouses) (See location map) Zurich Arch Property (GPIN 1487-93-9540) (supports six (6) new townhouses) (See location map) ! il -~- ~ '07 -------..---. ~ 0 -.......__...._ ch --~___ M -- . -.----___ -.:t -------~-..-J; N _ 0 . x " :::;; >- ~ g 1-1:0 :b t:t:: _ ~ w == ~ 1l.:IE ~ 0" ~ , Il. 0:: Q) ~ <( Il. 0:: ~ o :IEee 9 owe ~ r:: z~~ ~ ~ 0 S -g g~o~f C:) U>-~ ~ o I- I U ...JU~ ~ (J) I II (J):t f W ~ x UN xz Wii: C> - o < :2 :J ~ ~ :J lD '" 2l E' .~ OJ (/) 0.. 't: a B: ~ E' ~ o ~ c (/) a I.!! (/) ..... 01 OJ 0... ~ "C u~:> c: dJ 0 ~ j []O i Q. , 'II - 38 - Item V-J.2.aIb. ORDINANCES/RESOLUTIONS ITEM # 59372 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinances DECLARING City property to be EXCESS and AUTHORIZING the City Manager to sell the property at: ", a. 1544 New York Avenue to Mark We. McGohan b. 1540 New York A venue/ 232 Gatewood Avenuel1525 Ohio Avenue/109 and 111 Bob Lane to Ocean Bay Homes, Inc. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer November 10,2009 1 2 AN ORDINANCE DECLARING THE PROPERTY 3 LOCATED AT 1544 NEW YORK AVENUE TO BE 4 IN EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO SELL 6 THE PROPERTY TO MARK W.C. McGOHAN. 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 9 certain parcel of land located at 1544 New York Avenue (GPIN 2407-94-7780) (the 10 "Property"), more particularly described on Exhibit "A" attached hereto; 11 12 WHEREAS, the City acquired the Property pursuant to the APZ-1 13 Acquisition Program; 14 15 WHEREAS, the City funded the acquisition of the Property through a 16 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 17 contributing fifty percent (50%) of the funds; 18 19 WHEREAS, the Property was improved with a single family residence 20 when the APZ-1 Ordinance was adopted on December 20, 2005; 21 22 WHEREAS, the residence was demolished on October 8, 2007 and the 23 APZ-1 Disposition Committee has determined that the Property should no longer be 24 developed with a dwelling unit in order to decrease residential density; 25 26 WHEREAS, Mark W.C. McGohan ("McGohan") owns the adjacent 2 7 property and he has requested to purchase the Property in order to utilize it in a manner 28 compatible with the APZ-1 Ordinance; 29 30 WHEREAS, the sale to McGohan accomplishes a reduction in residential 31 density while still preserving the integrity of the neighborhood; 32 33 WHEREAS, McGohan desires to purchase the Property in accordance 34 with the Summary of Terms attached hereto as Exhibit "B"; 35 3 6 WHEREAS, the City Council is of the opinion that the property is in excess 3 7 of the needs of the City of Virginia Beach. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 40 OF VIRGINIA BEACH, VIRGINIA: 41 42 That the Property is hereby declared to be in excess of the needs of the 43 City of Virginia Beach and that the City Manager is hereby authorized to execute any 44 documents necessary to convey the Property to Mark W. C. McGohan, in accordance 45 with the Summary of Terms attached hereto and such other terms, conditions or 46 modifications deemed necessary and sufficient by the City Manager and in a form 47 deemed satisfactory by the City Attorney. 48 49 Further, that the revenue from the sale of the Property in the amount of 50 $7,000 shall be received and appropriated as follows: 51 1. $3,500 shall be appropriated to CIP #9-060, Oceana and Interfacility 52 Traffic Area Conformity and Acquisition, for the purpose of the City Manager refunding 53 the Commonwealth's portion in accordance with the partnership agreement; 54 2. $3,500 shall be appropriated to CIP #3-368, Various Site Acquisitions. 55 56 This ordinance shall be effective from the date of its adoption. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the 59 1 Oth day of November ,2009. 60 CA11196 R-1 10/28/2009 \ \vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\dO 19\p005\000224 74.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT B~)3,~ Management Services EXHIBIT A GPIN 2407-94-7780 (1544 New York Avenue): ALL THAT certain lot and part of lot, with improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia and designated and described on a survey of Block Number Six (6) of Oceana Gardens made by W.B. Gallup, County Surveyor, March 20, 1947 and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 21, at page 3, as the whole of Lot Twenty (20) and the Western Twenty (20) feet of Lot Twenty-one (21); said lot and part of lot taken as a whole face seventy (70) feet on the North side of New York Avenue and extend back between parallel lines one hundred twenty-five (125) feet, reference to the aforesaid plat is hereby made for a more particular description of said property. LESS AND EXCEPT all right, title and interest of the Grantor in and to any public road, public rights-of-way, or public easements adjacent to the above-referenced property. IT BEING a portion of the same property conveyed to the City of Virginia Beach, by Deed from David E. Daskam, dated December 19,2007 and recorded as Instrument No. 20071219001669970. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1544 NEW YORK AVENUE SELLER: City of Virginia Beach PURCHASER: Mark W.C. McGohan PROPERTY: 8,711 square feet of property generally known as 1544 New York Avenue [GPIN: 2407-94-7780] LEGAL DESCRIPTION: ALL THAT certain lot and part of lot, with improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia and designated and described on a survey of Block Number Six (6) of Ocean a Gardens made by W.B. Gallup, County Surveyor, March 20, 1947 and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 21, at page 3, as the whole of Lot Twenty (20) and the Western Twenty (20) feet of Lot Twenty-one (21); said lot and part of lot taken as a whole face seventy (70) feet on the North side of New York Avenue and extend back between parallel lines one hundred twenty-five (125) feet, reference to the aforesaid plat is hereby made for a more particular description of said property. LESS AND EXCEPT all right, title and interest of the Grantor in and to any public road, public rights-of-way, or public easements adjacent to the above-referenced property. IT BEING a portion ofthe same property conveyed to the City of Virginia Beach, by Deed from David E. Daskam, dated December 19, 2007 and recorded as Instrument No. 20071219001669970. SALE PRICE: $7,000 CONDITIONS OF SALE . Property is purchased "As Is, Where Is." . Buyer has been advised of APZ-1 restrictions for use. . Buyer may use the Property for accessory structures, or Buyer may otherwise utilize the property for construction in conjunction with his adjacent property upon Resubdivision to remove interior lot lines; however, Buyer may not add any new dwelling units. . Buyer shall resubdivide the Property at his expense should Buyer desire to construct across the property line between the Property and Buyer's adjacent property. . Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. V :\Applications\CityLawProd\cycom32\ Wpdocs\D029\P003\0004 7926.DOC ~ 0:::0 o.WCIC) <eO'..... cO..... -=o:::~ zo.~ 0>..... -~o t;-Olt ~ON O(/)Z O(/)- ...JWo. O(!) >< W "0 X E ci co I'- I'- I V q I'- e V ~ CI) a. o a. ~ o o ~ ~ i >- Q) ~ ~ u ~ Q) 0 .0 0: ~ ,g c ~ ~ ~ e Q) 0 a... g. '3 ~ ~ ImDO i ()) e ;:::: ...... (0 :::J III CI) :; III III CI) o .~ CI) CJ) 1:: o a. a. :::J CJ) OJ c: W ...., OJ c: W ~ a.: >- ..c "0 ~ III a. ~ 0.. 1 2 AN ORDINANCE DECLARING THE 3 PROPERTIES LOCATED AT 1540 NEW YORK 4 AVENUE; 232 GATEWOOD AVENUE; 1525 5 OHIO AVENUE; AND 109/111 BOB LANE TO BE 6 IN EXCESS OF THE CITY'S NEEDS AND 7 AUTHORIZING THE CITY MANAGER TO SELL 8 THE PROPERTIES TO OCEAN BAY HOMES, 9 INC. 10 11 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 12 certain parcels of land located at (1) 1540 New York Avenue (GPIN 2407-94-8655); (2) 13 232 Gatewood Avenue (GPIN 2407-02-5418); (3) 1525 Ohio Avenue (GPIN 2417-05- 14 0182); and (4) 109/111 Bob Lane (GPIN 2407-74-0552) (the "Property", individually, or 15 the "Properties", collectively), more particularly described on Exhibit "A" attached hereto 16 and made a part hereof; 17 18 WHEREAS, the City acquired the Properties pursuant to the APZ-1 19 Acquisition Program; 20 21 WHEREAS, the City funded the acquisition of the Properties through a 22 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 23 contributing fifty percent (50%) of the funds; 24 25 WHEREAS, the Properties are in the midst of other residences and at the 26 time of acquisition were improved with residential dwellings; 27 28 WHEREAS, City Council has elected to allow the rehabilitation or the 29 reconstruction of a single-family home of each of the four Properties in order to maintain 30 the integrity of the neighborhood; and 31 32 WHEREAS, in the event that a single-family home is reconstructed instead 33 of rehabilitated, said reconstruction is a grandfathered nonconforming use allowed 34 under current zoning law; 35 36 WHEREAS, a Request for Proposal ("RFP") was advertised for the 3 7 potential sale of the Properties; 38 39 WHEREAS, Ocean Bay Homes, Inc. ("Ocean Bay") was one of the 4 0 respondents to the RFP; 41 42 WHEREAS, the APZ-1 Disposition Committee has recommended that City 43 Council declare the Properties to be in excess of the City's needs and sell the 44 Properties to Ocean Bay; 45 46 WHEREAS, Ocean Bay will either renovate the existing single-family 47 home on each Property to prescribed standards acceptable to the City, including noise 48 attenuation and code compliance, or Ocean Bay will build a new single-family home on 49 each Property to prescribed standards acceptable to the City, including elevated noise 50 attenuation and design criteria, and Ocean Bay will thereafter convey the improved 51 Property to an owner-occupant; 52 53 WHEREAS, Ocean Bay will purchase the Properties in accordance with 54 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 55 5 6 WHEREAS, the City Council is of the opinion that the property is in excess 5 7 of the needs of the City of Virginia Beach. 58 59 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 60 OF VIRGINIA BEACH, VIRGINIA: 61 62 That the Properties located at (1) 1540 New York Avenue (GPIN 2407-94- 63 8655); (2) 232 Gatewood Avenue (GPIN 2407-02-5418); (3) 1525 Ohio Avenue (GPIN 64 2417-05-0182); and (4) 109 Bob Lane (GPIN 2407-74-0552) are hereby declared to be 65 in excess of the needs of the City of Virginia Beach and that the City Manager is hereby 66 authorized to execute any documents necessary to convey the Properties to Ocean Bay 67 Homes, Inc., in substantial conformity with the Summary of Terms attached hereto as 68 Exhibit "B" and such other terms, conditions or modifications as are deemed necessary 6 9 and sufficient by the City Manager and in a form deemed satisfactory by the City 7 0 Attorney. 71 7 2 Further, that the revenue from the sale of the Property in the amount of 7 3 $246,000 shall be received and appropriated as follows: 7 4 1. $123,000 shall be appropriated to CIP #9-060, Oceana and Interfacility 75 Traffic Area Conformity and Acquisition, for the purpose of the City Manager refunding 76 the Commonwealth's portion in accordance with the partnership agreement; 77 2. $123,000 shall be appropriated to CIP #3-368, Various Site Acquisitions. 78 79 This ordinance shall be effective from the date of its adoption. 80 81 Adopted by the Council of the City of Virginia Beach, Virginia, on the 82 10th day of November ,2009. R-1 1 0/28/2009 CA-11030 \ \vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d004 \p005\00020895.doc ~. Public Works 10-).-1.5(;11 A~RQVEDAST8~ ~~ ~ Q, Management Services . APPROVED AS TO CONTENT APPROVED AS TO L SUFFICIENCY EXHIBIT A 1) 1540 New York Avenue (GPIN 2407-94-8655) All those certain parts of lots, or parcels of land, situate in the Village of Oceana, Lynnhaven Magisterial District, County of Princess Anne, State of Virginia, being known and designated on a survey of Block No.6 of Oceana Gardens, made by W.B.Gallup, County Surveyor, March 20, 1947, and duly recorded in the Clerk's Office of the Circuit Court of Princess Anne County, Virginia in Map Book 21, page 3. As the Eastern 30 feet oflot number twenty- one (21) and the Western thirty (30) feet of lot number twenty-two (22): the said parts of lots taken on a whole, face ("face" being erroneously referred to as "fact" in prior deeds) 60 feet on the North side of New York Avenue and extended back between parallel lines one hundred twenty-five feet (125) feet, reference is hereby made to the aforesaid plat for a more particular description of said property. LESS AND EXCEPT all right, title and interest of the Grantor in and to any public road, public rights-of-way, or public easements adjacent to the above-referenced property. IT BEING a portion of the same property conveyed to the City of Virginia Beach, by deed of Wendy Davis (f/k/a Wendy McGuire), dated December 28, 2007, and recorded in the aforesaid Clerk's Office as Instrument No. 20080108000027160. 2) 232 Gatewood Avenue (GPIN 2407-02-5418) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situated in Lynnhaven District in the City of Virginia Beach, Virginia (formerly Princess Anne County, Virginia), being known, numbered and designated as Lot 39, on the Revised Plat of Gatewood Park, which plat is recorded in the Clerk's Office of the Circuit Court ofthe City of Virginia Beach, Virginia, in Map Book 25, at page 87, to which plat reference is hereby made for a more particular description of the property. LESS AND EXCEPT all right, title and interest of the Grantor in and to any public road, public rights-of-way, or public easements adjacent to the above-referenced property. IT BEING a portion of the same property conveyed to the City of Virginia Beach, by deed of Antonio P. LaMotta and Nancy Sharp LaMotta, dated May 22,2008, and recorded in the aforesaid Clerk's Office as Instrument No. 20080528000622510. 3) 1525 Ohio Avenue (GPIN 2417-05-0182) Parcel One: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot C, as shown on the plat entitled "Property of Laura H. Boush, a part of Blocks Eighteen (18) and Nineteen (19) Oceana Gardens", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 26, at page 45. Parcel Two: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia and known, numbered and designated as Lot D-3 on the plat entitled "Resubdivision of Lot D and Property of H. Allen Gibbs," dated November 29, 1985, made by Talbot & Associates, Ltd., which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2534, page 1041. LESS AND EXCEPT all right, title and interest of the Grantor in and to any public road, public rights-of-way, or public easements adjacent to the above-referenced parcels. IT BEING a portion of the same property conveyed to the City of Virginia Beach, by deed of Ella Poplin Trustee of the Ella Poplin Revocable Living Trust Agreement dated October 31, 2006 and Ella Poplin, dated May 1, 2008, and recorded in the aforesaid Clerk's Office as Instrument No. 20080509000546110. 4) 109/111 Bob Lane (GPIN 2407-74-0552) All that certain lot, piece or parcel of land, with the buildings and improvements thereon numbered 109 and 111 Bob Lane, in the City of Virginia Beach, Virginia, and being more particularly bounded and described as follows, to wit: Beginning at a point on the western line of Bob Lane where it is intersected by the northern line of Lot 97 as shown on the Plat entitled, "Plat B of Additional Lots, West Oceana Gardens" of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 34, at page 49, and which point of beginning is marked by an iron pin distant 176.92 feet from the northern boundary line of Southern Boulevard; thence running South 87 degrees 39' west a distance of 120 feet to an iron pin, thence running North 2 degrees 21' west a distance of 75 feet to an iron pin, thence running North 87 degrees 39' east a distance of 120 feet to an iron pin in the western line of Bob Lane; thence along said last mentioned line south 2 degrees 21' east a distance of 75 feet to the point of beginning. Being Lot 98 on the aforementioned Plat and a part of Lot 17 on the Plat entitled, "West EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY SELLER: City of Virginia Beach PURCHASER: Ocean Bay Homes, Inc, a Virginia corporation PROPERTY: 1) 1540 New York Ave (GPIN 2407-94-8655) 2) 232 Gatewood Avenue (GPIN 2407-02-5418) 3) 1525 Ohio Avenue (GPIN 2417-05-0182) 4) 109/111 Bob Lane (GPIN 2407-74-0552) More particularly described as: 1) 1540 New York Avenue (GPIN 2407-94-8655) All those certain parts oflots, or parcels ofland, situate in the Village of Oceana, Lynnhaven Magisterial District, County of Princess Anne, State of Virginia, being known and designated on a survey of Block No.6 of Oceana Gardens, made by W.B.Gallup, County Surveyor, March 20, 1947, and duly recorded in the Clerk's Office of the Circuit Court of Princess Anne County, Virginia in Map Book 21, page 3. As the Eastern 30 feet of lot number twenty-one (21) and the Western thirty (30) feet of lot number twenty-two (22): the said parts of lots taken on a whole, face ("face" being erroneously referred to as "fact" in prior deeds) 60 feet on the North side of New York A venue and extended back between parallel lines one hundred twenty-five feet (125) feet, reference is hereby made to the aforesaid plat for a more particular description of said property. LESS AND EXCEPT all right, title and interest of the Grantor in and to any public road, public rights-of-way, or public easements adjacent to the above-referenced property. IT BEING a portion of the same property conveyed to the City of Virginia Beach, by deed of Wendy Davis (f/k/a Wendy McGuire), dated December 28, 2007, and recorded in the aforesaid Clerk's Office as Instrument No. 20080108000027160. 1 2) 232 Gatewood Avenue (GPIN 2407-02-5418) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situated in Lynnhaven District in the City of Virginia Beach, Virginia (formerly Princess Anne County, Virginia), being known, numbered and designated as Lot 39, on the Revised Plat of Gatewood Park, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 25, at page 87, to which plat reference is hereby made for a more particular description of the property. LESS AND EXCEPT all right, title and interest of the Grantor in and to any public road, public rights-of-way, or public easements adjacent to the above-referenced property. IT BEING a portion of the same property conveyed to the City of Virginia Beach, by deed of Antonio P. LaMotta and Nancy Sharp LaMotta, dated May 22, 2008, and recorded in the aforesaid Clerk's Office as Instrument No. 20080528000622510. 3) 1525 Ohio Avenue (GPIN 2417-05-0182) Parcel One: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot C, as shown on the plat entitled "Property of Laura H. Boush, a part of Blocks Eighteen (18) and Nineteen (19) Oceana Gardens", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 26, at page 45. Parcel Two: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia and known, numbered and designated as Lot D-3 on the plat entitled "Resubdivision of Lot D and Property of H. Allen Gibbs," dated November 29, 1985, made by Talbot & Associates, Ltd., which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2534, page 1 041. 2 LESS AND EXCEPT all right, title and interest of the Grantor in and to any public road, public rights-of-way, or public easements adjacent to the above-referenced parcels. IT BEING a portion of the same property conveyed to the City of Virginia Beach, by deed of Ella Poplin Trustee of the Ella Poplin Revocable Living Trust Agreement dated October 31, 2006 and Ella Poplin, dated May 1, 2008, and recorded in the aforesaid Clerk's Office as Instrument No. 20080509000546110. 4) 109/111 Bob Lane (GPIN 2407-74-0552) All that certain lot, piece or parcel of land, with the buildings and improvements thereon numbered 109 and 111 Bob Lane, in the City of Virginia Beach, Virginia, and being more particularly bounded and described as follows, to wit: Beginning at a point on the western line of Bob Lane where it is intersected by the northern line of Lot 97 as shown on the Plat entitled, "Plat B of Additional Lots, West Oceana Gardens" of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 34, at page 49, and which point of beginning is marked by an iron pin distant 176.92 feet from the northern boundary line of Southern Boulevard; thence running South 87 degrees 39' west a distance of 120 feet to an iron pin, thence running North 2 degrees 21' west a distance of 75 feet to an iron pin, thence running North 87 degrees 39' east a distance of 120 feet to an iron pin in the western line of Bob Lane; thence along said last mentioned line south 2 degrees 21' east a distance of 75 feet to the point of beginning. Being Lot 98 on the aforementioned Plat and a part of Lot 17 on the Plat entitled, "West Oceana Gardens" and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 25, at page 83. LESS AND EXCEPT all right, title and interest of the Grantor in and to any public road, public rights-of-way, or public easements adjacent to the above-referenced property. IT BEING a portion ofthe same property conveyed to the City of Virginia Beach, by deed of James E. Dickie, dated December 18, 2008, and recorded in the aforesaid Clerk's Office as Instrument No. 2009112000031720. SALE PRICE: $70,000 (1540 New York Avenue) $75,000 (232 Gatewood Avenue) 3 $75,000 (1525 Ohio Avenue) $26.000 (109 Bob Lane) $246,000 CONDITIONS OF SALE . The buyer shall evaluate each property and determine whether to remodel and renovate, or demolish and rebuild. Any renovation shall require noise attenuation and compliance with City codes. If the buyer elects to demolish and reconstruct, specific design criteria and enhanced noise attenuation are required. In either event, only one single-family dwelling unit shall be permitted in perpetuity. . Properties are purchased "As Is, Where Is." . Seller shall convey the properties subject to a deed restriction preventing Buyer, or ultimate owner-occupant, from participation in the APZ-l Acquisition Program. . Seller shall convey the properties with restriction limiting each site to the development of one single-family dwelling unit, in perpetuity. . One single-family dwelling shall be permitted on each site, in a style that substantially matches the style approved by the Planning Department. . Purchaser shall deposit Five Thousand and noll00 Dollars ($5,000.00) per property at the execution of the Purchase Agreement. . Buyer is required to meet City's enhanced noise attenuation standards; comply with all code regulations, and will meet design criteria for a rebuild, if applicable. 4 ; II l' I .. ~ct ~ WfIj ! ::!: ~'" ~ Z lD~ ~ Q 1il~ 8 ; !;( g:~ - f o ;~ ~ g f2~ ~ o ~ e ~ 8 ~ " ~ , ~ i ~ li N ~ ~ i 0 ~ % ~ ~ a: ~ "C 0 -" ~ ~D'" 0 ~ .J J ~ z+~ ~ 11 ~ ffi ~ Lt ~ ~ ~~ ~ ::!: O~ t ~ ~~ 8 I !;( ~~ ~ ~ o lh '! o NO. ~_, ..J ::: ~ - ~ 0 ~ l ~ ~ , ~ il ~ ~ ~ i ~ ~ 11. $ ~ ~ e ~ JD f J~1 ~ 1____ 1__ I I__~ - I ~ ._' ,__.__ ----'!i\'S vwn~ l- UD u [) 0 IlcITl 0 D 0 o DO CJ 2p DD 0 D I [} lohj~~ 1Qf 0 I D o 0 ~ 0 0 p } D,D lIrJ] Q' ~ \G I _ ... _. ,___ *ij~~J :?-=_ ~ II \ D'[ LJb~ c=t Ii n[j L_--.J I 0 0 u 11 D 0 LJ 0 u II 0 i j rl D TIliJ~~i~ :10 [J ,lJ ~IE ~ 'I [ -g :;i:' ~ ! II N 0 ~ Inn !D I .. 1; W ~ ct ~ 0. ~N ~ < w" , ::!: ~~ ~ z 0<;> ~ o x.... 8 . j:: 0:;: ~ " ~ ~~ ? g ;~ i ~ 0 u ~ o [II\]~ [L~\ 1 ~. t.~ ~~~r~ ~ ~K ~-' v"~~'i!! . iil . 1. lbik =rll' 0 II I IfTD~ D II[ II. D ~! ~ U D 1_] 0. ~ '" ~ i D II 0 D DO! i ~ ~ Q ;;;::; 8 l I 0 I- >... ~ ~ o I 0 D 0 ~ ~~ f o W; Ii \ 0 I ~ 0 9 ~~ 0 ! t=J Il.~__ il'l Co OU =1 0 D~oD II __m __ _ ~'- -IR;!'1CIQIIIII. ~P: D_ I I g CJ ~I 0 c=) ~i lD ~~ I 0 ' n/II 0 ,~ !I 0, 0 1!)1 "D;:,D ~I 0 D I D.C? :n~1 c:=Jn D [ [ [J U D bW i I D TI \ 0 ,~ D I ~n .1 !~t.:]~? "~~'\ D fD! < \_J~-' CJ fJnn LJ ,C:::J p L- ~ i ! .~'..~',.l 0 Diu D --=.!n .~ - j I ~ 0'" ~ ~ .-:~! I - 39 - Item V-J.3. ORDINANCES/RESOLUTIONS ITEM # 59373 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to A UTHORIZE acquisition of property in fee simple for the right-of-way for Baker Road Extended with temporary and permanent easements, by agreement or condemnation. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer November 10, 2009 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR BAKER ROAD 4 EXTENDED PROJECT (CIP 2-071) AND THE 5 ACQUISITION OF TEMPORARY AND 6 PERMANENT EASEMENTS, EITHER BY 7 AGREEMENT OR CONDEMNATION 8 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 10 public necessity exists for the construction of this important roadway project to improve 11 transportation within the City and for other related public purposes for the preservation of 12 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 13 people in the City of Virginia Beach. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 Section 1. That the City Council authorizes the acquisition by purchase or 19 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.1-89, et seq., and Title 20 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 21 simple, including temporary and permanent easements and entire tracts upon which such 22 rights of way or easements shall be located, within the limitations and conditions of Section 23 33.1-91 of the Code of Virginia of 1950, as amended (the "Property"), as shown on the 24 plans entitled "Baker Road Extended, PWNCN-8-0121, CIP 2-071," (the "Project") and 25 more specifically described on the acquisition plats and plans for the Project (plats and 26 plans collectively referred to as the "Plans"), the Plans being on file in the Engineering 27 Division, Department of Public Works, City of Virginia Beach, Virginia. 28 29 Section 2. That the City Manager is hereby authorized to make or cause to be 30 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 31 reasonable offer to the owners or persons having an interest in said Property. If refused, 32 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of 35 November , 2009. PREPARED: 10/2/2009 CA-11204 R-1 \ \vbgov .com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d009\p006\00024356.doc amfkY C, ~tV\ BLlC WORKS/REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~ CITY ATTORNEY l APPROVED AS TO CONTENT Q) ...... Cd U t+=: '€ ~ Q) ~ S2 ~ ...... Q) ~ 5h S Cd Q) >> ~] ~~ Q) ~ U t+=: '€ Q) U Q) :0 .- en en o ~ Q) ~ U t+=: '€ Q) U Q) :0 .- en en o ~ ~-,-..., ,-...,>> Q)~~6li 60.. ~~ "E: ~~""S:::S,-...,s:::S,-..,!::;o Q)~ c.H? 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S .8 .~ ~Cd"Q) Cd Q) U ~,D !a ~::;:1 0.. ~1ii~ ~::::o5 Cd .~ s::: .s...... 0 .- 0 Q) e.n 0 I-< .- - 'g. > ~ U s::: I-< Cd o Cd 0 ._ 0........ s::: ...... .- 0 rn S s::: 13 o Q) Q) Cl !a s::: Q)>>>> ;;. Q) .-<;:: Cd~ U ~ ...... Q) ~4-<~ 0-...... ,D . 01) "0 s::: r-- Q) .- O"O~ 0Q)...... "o~..Q 8 ~ S ...... Cd Q) orn~ O"E:...... ...:!l Q) ~ Q) S g g ~ U "" e'd Q) ~Q),D rn Q) ...... o Z ...... ~ -0 a ~ o Q-g ~ ~ Q lD tC ~'q~ S tJ:iia )( ('ol~ % ~ u- us ~.. ~ 00 Ul ~ ~ oo..-a ~ 'do ~O~ ~ o It ~ o ~ If ::1 do ~ dl v. '0 (l) o ~ )( - 40- Item V-J.4. ORDINANCES/RESOLUTIONS ITEM # 59374 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to A UTHORIZE acquisition of property in fee simple for the rights-ofway for West Neck Road Interim Safety Improvement with temporary and permanent easements, by agreement or condemnation. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer November 10, 2009 ! I 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHTS-OF- WAY FOR WEST NECK 4 ROAD INTERIM SAFETY IMPROVEMENT #1, 5 (CIP 2-502) AND THE ACQUISITION OF 6 TEMPORARY AND PERMANENT 7 EASEMENTS, EITHER BY AGREEMENT OR 8 CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the construction of this important roadway project to improve 12 transportation within the City and for other related public purposes for the preservation of 13 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 14 people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.1-89, et seq., and Title 21 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 22 simple, including temporary and permanent easements (collectively, the "Property"), as 23 shown on the plans entitled "INDIAN RIVER ROAD/WEST NECK ROAD INTERSECTION 24 IMPROVEMENTS CIP #2-502 PWCN-8-0386," (the "Project") and more specifically 25 described on the acquisition plats forthe Project (plats and plans collectively referred to as 26 the "Plans"), the Plans being on file in the Engineering Division, Department of Public 27 Works, City of Virginia Beach, Virginia. 28 29 Section 2. That the City Manager is hereby authorized to make or cause to be 30 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 31 reasonable offer to the owners or persons having an interest in said Property. If refused, 32 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of 35 November ,2009. 36 CA-11203 PREPARED: 10/29/2009 R-1 \ \vbgov .com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d008\p009\00024299 .doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY~ \ Jfi~ \ \ I VJ. z. '~~ '\ ~I \ " ~ w u.. <t (/) ~~ 0.. ~# 1 <t W!:;Ng 15 c:: I-....w 0 (""J l\) ~ % ..q ~I ~ % -~~.... ~ o ow#~ .- ;::; <t >0 0.. c5 <( 0 -00 o u:u:O o ~o.. ..J O~ W % l- (/) W ~ ~ E iii i ~ 'e 0.. E .c l\) :E 1j .!!.. o 0: .~ ~ ~ -0 <D o Q: ~ Z 111 ~ ~ ~ Gl -0 C ~ '" ~ ~ (j \ ~ 'e 9- x 5 .., ~ ~ >- t- o: ~ o "Of C ~. a> o ~ ~ !2 .- .... ~ ~ ::> lD '" B .~ Ul 1:: o 8: ::> Ul c c \!, t t ~ . I , I - 41 - Item V-J.5. ORDINANCES/RESOLUTIONS ITEM # 59375 Attorney R. J. Nutter, 222 Central Park Avenue, Phone: 687-7500, represented Adams Outdoor Advertising, and spoke in SUPPORT Upon motion by Councilman Diezel, seconded by Councilman Davis, City Council ADOPTED: Resolution to REFER to the Planning Commission an Ordinance AMENDING ~lJJ, ~215 and ~216 and ADDING ~218 of the City Zoning Ordinance (CZO) re: defining electronic display billboards and establishing requirements for such billboards (requested by Councilman Diezel) Voting: 6-4 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Mayor William D. Sessoms, Jr., John E. Uhrin and Ron A. Villanueva, Council Members Voting Nay: Barbara M Henley, Vice Mayor Louis R. Jones, Rosemary Wilson and James L. Wood Council Members Absent: Robert M Dyer November 10, 2009 1 REQUESTED BY COUNCILMEMBER HARRY E. DIEZEL 2 3 A RESOLUTION REFERRING TO THE PLANNING 4 COMMISSION AN ORDINANCE TO AMEND SECTIONS 5 111, 215 AND 216 AND ADD A NEW SECTION 218 TO 6 THE CITY ZONING ORDINANCE, DEFINING 7 ELECTRONIC DISPLAY BILLBOARDS AND 8 ESTABLISHING REQUIREMENTS FOR SUCH 9 BILLBOARDS 10 WHEREAS, the public convenience, general welfare and good zoning practice so 11 require; 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 16 That there is hereby referred to the Planning Commission, for its consideration 17 and recommendation, proposed amendments to Sections 111, 215 and 216 and adding 18 a new Section 218 of the City Zoning Ordinance, defining electronic display billboards 19 and establishing requirements for such billboards. 20 21 A copy of such proposed amendments is attached hereto. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24 Tenth day of November, 2009. APPROVED AS TO LEGAL SUFFICIENCY: ()J~/W~J- City Attorney's Office CA11318 R-1 November 2, 2009 REQUESTED BY COUNCILMEMBER HARRY E. DIEZEL 1 AN ORDINANCE TO AMEND SECTIONS 111, 215 AND 2 216 AND ADD A NEW SECTION 218 TO THE CITY 3 ZONING ORDINANCE, DEFINING ELECTRONIC DISPLAY 4 BILLBOARDS AND ESTABLISHING REQUIREMENTS FOR 5 SUCH BILLBOARDS 6 7 Sections Amended: City Zoning Ordinance Sections 111, 8 215 and 216 9 10 Section Added: City Zoning Ordinance Section 218 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Sections 111,215 and 216 of the City Zoning Ordinance are hereby 19 amended and reordained, and a new Section 218, pertaining to electronic display 20 billboards, is hereby added, to read as follows: 21 22 ARTICLE 1. GENERAL PROVISIONS 23 24 25 26 Sec. 111. Definitions. 27 28 For the purpose of this ordinance, words used in the present tense shall include 29 the future; words used in the singular number include the plural and the plural the 30 singular; the use of any gender shall be applicable to all genders; the word "shall" is 31 mandatory; the word "may" is permissive; the word "land" includes only the area 32 described as being above mean sea level; and the word "person" includes an individual, 33 a partnership, association, or corporation. 34 35 In addition, the following terms shall be defined as herein indicated: 36 37 38 39 Billboards. A sign, as defined in this zoning code section, including the 40 supporting sigR structure, which advertises or directs the attention of the general public 41 to an establishment, business or service and which is located on a separate site from 42 the establishment, business or service 'Nhich the billboard advertises. 43 Billboard. electronic displav. A billboard. as defined in this section. containinq 44 liqht emittinq diodes (LEOs). fiber optics. Iiqht bulbs. plasma display screens or other 45 internal illumination devices that are used to chanqe the messaqes, intensity of liqht or 46 colors displayed by such siqn. The term shall not include billboards on which Iiqhts or 47 other illumination devices display only the temperature or time of day in alternatinq 48 cycles of not less than five (5) seconds. 49 50 COMMENT 51 52 The amendments in Lines 39-42 are intended to simplify the existing definition of billboard 53 and do not substantively change that definition. 54 55 The new language added in Lines 44-49 define the term "electronic display billboard." 56 57 58 59 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 60 TO ALL DISTRICTS 61 62 63 B. SIGN REGULATIONS 64 65 66 67 Sec. 215. Nonconforming signs. 68 69 (a) Notwithstanding the provisions of section 105(f) of this ordinance, and 70 except as provided in section 218. no nonconforming sign shall be structurally altered, 71 enlarged, moved or replaced, whether voluntarily or by reason of involuntary damage to 72 or destruction of such sign, unless such sign is brought into compliance with the 73 provisions of this ordinance. Except as provided in section 216, no nonconforming sign 74 shall be repaired at a cost in excess of fifty (50) percent of its original cost unless such 75 sign is caused to comply with the provisions of this ordinance. Any nonconforming sign 76 which is not maintained continuously in good repair, and any nonconforming sign which 77 is abandoned shall be removed. For purposes of this section, a sign shall be deemed to 78 be abandoned if the business for which the sign was erected has not been in operation 79 for a period of at least two (2) years. Following the expiration of at least two (2) years, 80 any abandoned nonconforming sign shall be removed by the owner of the property on 81 which the sign is located, after notification by the zoning administrator. If, following such 82 two-year period, the zoning administrator has made a reasonable attempt to notify the 83 property owner, the city through its own agents or employees may enter the property 84 upon which the sign is located and remove any such sign wherever the owner has 85 refused to do so. The cost of such removal shall be chargeable to the owner of the 86 property. Nothing herein shall prevent the city from applying to a court of competent 2 , 'I . , 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 jurisdiction for an order requiring the removal of such abandoned nonconforming sign by the owner by means of injunction or other appropriate remedy. (b) [Not set out] (c) [Not set out] COMMENT The amendment is necessary to conform the provisions of Section 215(a) to the new Section 218. Subsections (b) and (c) are not set out, as they do not pertain to the subject of this ordinance. Sec. 216. Outdoor advertising structures, billboards, signboards and poster panels Billboards. (a) Except as provided in section 218. no We new billboards shall be erected within the city limits, effective immediately. All existing billboards shall be governed by the provisions of section 215 of this ordinance. No billboard heretofore erected shall be located, in whole or in part, upon improved property. (b) Except as provided in section 218, no We billboard shall be located within five hundred (500) feet of an interchange, or intersection at grade, on any highway, interstate or city council designated expressway (measured along the highway, interstate or expressway to the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way). On all other streets, no billboard shall be located within two hundred (200) feet of any right-of-way of any underpass, overpass, bridge or tunnel or a plaza serving such facility. (c) Except as provided in section 218. no We billboard shall be closer than fifty (50) feet to any property line nor located closer than six hundred sixty (660) feet to the right-of-way line of any interstate or expressway designated by city council, nor closer than twenty-five (25) feet to the right-of-way of any other street. However, no billboard shall be located within two hundred (200) feet of any established residential or apartment zoning district. No billboard shall be located upon any lot having a frontage of less than two hundred (200) feet and an area of less than ten thousand (10,000) square feet. (d) The repair of lawfully nonconforming billboards visible from the main traveled way of any interstate highway, federal-aid primary highway as that system existed on June 1, 1991, or national highway system highway shall be governed by the provisions of Virginia Code section 33.1-370.2. No building permit authorizing the repair of any such billboard shall be issued unless owner of the billboard provides to the building codes administrator a letter from the commonwealth transportation 3 I II 132 commiSSioner approving the proposed repairs. In the event the building codes 133 administrator determines that the cost of the proposed repairs exceeds fifty (50) percent 134 of the replacement cost of the billboard, he shall, within thirty (30) days of the filing of 135 the building permit application, submit an objection to the determination of the 136 commissioner, together with documentation supporting such objection. A copy of such 137 objection and documentation shall be provided to the billboard owner. The 138 determination of the commissioner upon reconsideration shall be binding. 139 140 COMMENT 141 142 The amendments in subsections (a), (b) and (c) are necessary to conform the provisions of 143 Section 216 to the new Section 218. The amendments to the catchline replace outdated terminology 144 and have no substantive effect. 145 146 147 Sec. 218. Electronic displav billboards. 148 149 Subiect to the followino provisions. electronic display billboards replacino existino 150 billboards on the same lot may be allowed by resolution adopted by the City Council: 151 152 (a) Application requirements. Applications for approval of an electronic 153 display billboard shall be sioned by the applicant and property owner and filed with the 154 Plannino Director. No application shall be accepted by the Plan nino Director unless all 155 required items are included. Applications shall include the followino items: 156 157 (1) A site plan drawn to scale, showino the location of lot lines. utility 158 and other easements. abuttino roadways. existino structures, 159 includino any existino sions and billboards on the lot. the proposed 160 location of the electronic display billboard, and containino an inset 161 location map; 162 163 (2) A landscapino plan showino the type. size. number and location of 164 plant materials to be used; 165 166 (3) Buildino plans showino the heioht. dimensions. structural elements, 167 includino supportino elements, and electrical connections for the 168 proposed billboard; 169 170 (4) A certification sioned by an enoineer licensed to practice in Viroinia 171 that the proposed billboard meets all applicable requirements of the 172 Viroinia Uniform Statewide Buildino Code; 173 174 (5) A certification from the manufacturer of the proposed electronic 175 display billboard that the lioht intensity has been pre-set not to 176 exceed seven thousand (7,000) candelas per square meter and 4 I I 177 that the proposed billboard is eQuipped with a workino control 178 device capable of automaticallv reducino the illumination as 179 reQuired bv this section; 180 181 (6) A plan settino forth the protocol for implementation of the 182 reQuirements set forth in subsection (e). Such protocol shall 183 address the circumstances under which the city or other authorized 184 aoencv may displav emeroencv and other public safety messaoes, 185 the freQuency and duration of such messaoes and such other 186 matters as the city council may deem appropriate; 187 188 (7) Anv other information deemed necessary bv the Plannino Director 189 in order to fullv evaluate the application; and 190 191 (8) An application fee in the amount of four hundred dollars ($400.00). 192 193 (b) Dimensional and location requirements: 194 195 (1) No electronic displav billboard shall be oreater in sion area. as 196 defined in Section 111. than the sion area of the billboard it 197 replaces; provided. however. that the city council may prescribe a 198 lesser sion area for any such billboard. 199 200 (2) No electronic displav billboard shall exceed a heioht eQual to that of 201 the billboard it replaces or such lower heioht as the city council may 202 prescribe. and in no event shall any electronic displav billboard 203 exceed twenty-four (24) feet in heioht. as measured from the orade 204 of the public street toward which the billboard is oriented. 205 206 (3) The city council may prescribe that an electronic displav billboard 207 be located on a different portion of the lot from that of the billboard 208 it replaces; provided. however, that no portion of such billboard 209 shall be located closer to any public street than any portion of the 210 billboard it replaces. 211 212 (4) No more than one (1) electronic displav billboard structure shall be 213 allowed on any zonina lot. and no structure shall contain more than 214 two (2) electronic displav faces. No more than one such face shall 215 be oriented in each direction and vertical stackina of advertisina 216 faces shall be prohibited. 217 218 (5) No electronic displav billboard shall be located in or within four 219 hundred (400) feet of an Historic and Cultural District thereof. or 5 220 within two thousand (2,000) feet of any other electronic display 221 billboard. 222 223 (6) No electronic displav billboard shall be located within the proiect 224 study area of the Viroinia Beach Transit Extension Study initiated 225 bv Hampton Roads Transit in Mav 2009. 226 227 (c) Illumination and displav reauirements: 228 229 (1) No electronic displav billboard shall exceed a maximum illumination 230 of seven thousand (7.000) candelas per square meter from sunrise 231 to sunset or five hundred (500) candelas per square meter between 232 sunset and one o'clock (1 :00) a.m.. as measured from the sion face 233 at maximum briohtness. No such billboard shall be illuminated. 234 either internallv or externallv. at any time between one o'clock 235 (1 :00) a.m. and five o'clock (5:00) a.m., except as may be 236 necessary to displav an emeroencv or other public safety messaoe 237 pursuant to subsection (e). 238 239 The city council may require that where the electronic displav face 240 is visible from a Residential or Apartment zonino district. 241 illumination cease between midnioht and five o'clock (5:00) a.m.. 242 243 (2) Electronic displav billboards shall be equipped with a workino 244 dimmer control device capable of automaticallv reducino the 245 illumination to required levels in accordance with subdivision (c) (1). 246 247 (3) No electronic displav billboard shall displav a messaoe or svmbol 248 common Iv used a traffic-control direction or warnino, and no such 249 billboard shall obstruct motorists' view of any street sion. traffic 250 sional. street or intersection. 251 252 (4) No portion of the messaoe displaved bv any electronic displav 253 billboard. includino backorounds. colors. letterino, pictures or other 254 oraphics. shall be chanoed more freQuentlv than once every eioht 255 (8). seconds. Movino. blinkino. flashino. scrollino or pulsatino 256 elements shall be prohibited. The entirety of each display shall be 257 chanoed simultaneouslv within a period of no more than two (2) 258 seconds. 259 260 (5) No electronic displav billboard shall contain any audio speakers on, 261 or electronicallv connected to. such billboard. 262 6 I I 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 (6) All electrical service lines providinQ service to electronic display billboards shall be underQround. (d) Landscapinq requirements: (1) LandscapinQ sufficient to fully screen supportinQ structures from all abuttinQ roadways at maturity. and any additional landscapinQ required by the city council. shall be provided by no later than the first QrowinQ season after approval of the application. (2) All landscapinQ shall be maintained in Qood condition at all times. and all veQetation determined by the city arborist to be diseased. dyinQ or dead shall be replaced in a timely manner consistent with Qood landscapinQ practices. (e) Public safety requirements. Electronic display billboards shall be capable of displayinQ emerQency and other public safety messaQes transmitted by the city or other authorized aQencies in accordance with the protocol approved by the city council. (f) Enforcement. Noncompliance with any of the provisions of this section or the conditions of approval of an electronic display billboard by the city council shall be Qrounds for revocation of such approval; provided. however. that the zoninQ administrator shall provide prior written notice of such violation to the owner of the electronic display billboard and a reasonable period. specified in such notice. to cure such noncompliance prior to the institution of proceedinQs to revoke approval or other enforcement action. COMMENT Section 218 sets forth the requirements for applications for electronic display billboards. Such billboards are allowed only as replacements of existing billboards on the same lot, and only by resolution of the City Council. The ordinance does not allow electronic display billboards under any other circumstances. Specific requirements are as follows: Subsection (a) sets forth the information that is required as part of an application for an electronic display billboard. The requirements include: (1) A site plan; (2) A landscaping plan; (3) Building plans; (4) An engineer's certification as to compliance with Building Code req uirements; 7 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 (5) A manufacturer's certification regarding certain illumination capabilities of the billboard; (6) A plan for the City's use of the billboard to display emergency and other public safety messages; (7) Other information deemed necessary by the Planning Director to fully evaluate the application; and (8) A $400 application fee. Subsection (b) sets forth the requirements pertaining to the location and dimensions of electronic display billboards. They include: (1) Restrictions on the size of the billboard; (2) Restrictions on the height of the billboard; (3) Restrictions on the location of the billboard; (4) Limitations on the number of billboards on one lot and a prohibition of subdividing lots for billboards; (5) Prohibition of billboards in or within 400 feet of an Historic and Cultural District or in proximity to other electronic display billboards; and (6) Prohibition of billboards within the Light Rail Corridor Study Area. Subsection (c) sets forth the requirements pertaining to the illumination and displays of electronic display billboards. They include: (1) Restrictions on the intensity of illumination of billboards and a requirement that they not be illuminated at certain times, except for emergency and other public safety messages; (2) Requirements for automatic control of illumination; (3) Prohibition of messages or symbols commonly used for traffic-control purposes and of locations that obstruct motorists' vision of streets, intersections, etc.; (4) Requirements that messages be static and displayed for no less than 8 seconds and the messages change within two seconds or less; and (5) Prohibition of speakers or other audio equipment. Subsection (d) sets forth the requirements pertaining to the landscaping of electronic display billboards. They include: 8 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 (1) A requirements that full screening of the supporting structures of a billboard, as well as any other landscaping required by the City Council, be provided; and (2) Landscaping maintenance requirements. Subsection (e) requires electronic display billboards to be capable of displaying emergency and other public safety messages transmitted by the City or other authorized agencies. Subsection (t) sets forth the means of enforcement of the section and provides that the owner of an electronic display billboard in violation of this section shall be granted a reasonable opportunity to cure the violation prior to the institution of enforcement proceedings. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2009. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA-11248 R-6 October 13, 2009 9 - 42- Item V-J. 6. ORDINANCES/RESOLUTIONS ITEM # 59376 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Resolution to SUPPLEMENT the 2010 Legislative Agenda to request the Governor and the Virginia General Assembly fully fund the Virginia National Defense Industrial Authority (VNDIA) and support legislation to provide additional monies to the Hampton Roads Military and Federal Facilities Alliance (HRMFFA) to promote and protect defense spending and other federal activities in Hampton Roads (requested by Councilman Uhrin) Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer November 10, 2009 I II REQUESTED BY COUNCILMEMBER UHRIN 1 A RESOLUTION SUPPLEMENTING THE 2010 2 LEGISLATIVE AGENDA BY REQUESTING THE 3 GOVERNOR AND THE GENERAL ASSEMBLY MORE 4 FULLY FUND THE VIRGINIA NATIONAL DEFENSE 5 INDUSTRIAL AUTHORITY (VNDIA) 6 7 WHEREAS, the City Council has become aware that funding for VNDIA, which 8 works on statewide basis to maintain defense funding throughout the Commonwealth, 9 has been significantly reduced; and 10 11 WHEREAS, the recent State of the Region report released by Dr. James Koch 12 from Old Dominion University indicates that 45% of Hampton Road's economy is based 13 on military spending, and 14 15 WHEREAS, our competitor regions and states, such as North Carolina, Florida 16 and Texas, are spending considerably larger efforts than what the Commonwealth is 17 committing to maintain their military and federal activities generally. 18 19 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 1. That the City Council hereby requests that the Governor expand funding 23 to VNDIA in his budget to be presented to the General Assembly on December 18, 24 2009. City Council is aware of the fiscal constraints facing the Commonwealth, 25 however, it is vital that defense industry and defense spending be given as much 26 attention by the Commonwealth as possible, which is VNDIA's primary goal. 27 28 2. That the City Council hereby requests that the Governor and General 29 Assembly support legislation whereby additional monies would be provided by the State 30 to the Hampton Roads Military and Federal Facilities Alliance (HRMFFA) to promote 31 and protect defense spending and other federal activities in Hampton Roads. 32 33 3. That the City Clerk shall provide certified copies of this resolution to the 34 Governor and the members of Virginia Beach's General Assembly delegation. Adopted by the City Council of the City of Virginia Beach, Virginia, this 10th day of NO'TE'mQE'T , 2009. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: :e~~ City Attorney's Offic --..... ~SOffice CA11317/R-1/0ctober 30,2009 - 43 - Item V-J. 7. ORDINANCES/RESOLUTIONS ITEM # 59377 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to ACCEPT and APPROPRIATE a $64,600 Grantfrom the u.s. Department of Homeland Security through the 2009 Infrastructure Protection Activities Program to the FY2009-10 Operating Budget of the Police Department re: dive equipment and training for the Police Marine Unit. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer November 10, 2009 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE DEPARTMENT OF HOMELAND 3 SECURITY TO THE FY 2009-10 OPERATING BUDGET OF 4 THE POLICE DEPARTMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $64,600 is hereby accepted from the U. S. Department of Homeland 10 Security Federal Emergency Management Agency through the 2009 ARRA Port 11 Security Grant and appropriated, with federal revenues increased accordingly, to the FY 12 2009-10 Operating Budget of the Police Department. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of November , 2009. Requires an affirmative vote by the majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: ~Q~jO"~ anagement Services ~'- -- City tt ney's Office CA11315 R-2 October 29,2009 - 44- Item V-J.8.a-g. ORDINANCES/RESOLUTIONS ITEM # 59378 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to ACCEPT and APPROPRIATE from the United States Department of Justice Edward Byrne Justice Assistance Grant $214,208 re: Public Safety and Criminal Processing as follows: a. $13,000 to Police b. $30,940 to Police c. $43,000 to Police d. $93,875 to Sheriff e. $19,390 to Juvenile/Domestic District Court f $2,148 to Juvenile/Domestic District Court g. $11,855 to Circuit Court Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer November 10,2009 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE EDWARD BYRNE JUSTICE ASSISTANCE 3 GRANT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $214,208 is hereby accepted from the U. S. Department of Justice and 9 appropriated, with federal revenues increased accordingly, to the following agencies and 10 departments in the amounts and for the purposes set forth below: 11 12 a. $13,000 to the Police Department for the purchase of night vision goggles; 13 b. $30,940 to the Police Department for the purchase of surveillance equipment; 14 c. $43,000 to the Police Department for a security improvement to the 4tli Precinct 15 parking lot; 16 d. $93,875 to the Sheriff for a security camera upgrade; 17 e. $19,390 to the Juvenile and Domestic Relations District Court for a contracted 18 expungement clerk; 19 f. $2,148 to the Juvenile and Domestic Relations District Court for an on-line 20 training subscription; and 21 g. $11,855 to Circuit Court for a Media Evidence Display System. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of November 2009. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: 1J:ZI- --- City mey's Office CA11316 R-2 October 29,2009 , I - 45 - Item V-J. 9. ORDINANCES/RESOLUTIONS ITEM # 59379 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to ESTABLISH Capital Project #3-151, ACCEPT the Grant and APPROPRIATE $800,000 from the United States Department of Justice re: mobile communications services and equipment supporting regional communication needs for the COPS Law Enforcement Technology. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer November 10, 2009 1 AN ORDINANCE TO CREATE CAPITAL PROJECT #3-151 2 - COPS LAW ENFORCEMENT TECHNOLOGY GRANT 3 AND TO APPROPRIATE $800,000 FROM THE 4 DEPARTMENT OF JUSTICE 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA, THAT: 8 9 1. Capital Project #3-151 - COPS Law Enforcement Technology Grant is hereby 10 established as a project in the FY 2009-10 Capital Budget; and 11 12 2. $800,000 is hereby accepted from the U.S. Department of Justice and 13 appropriated, with revenue from the federal government increased accordingly, to 14 Capital Project #3-151 - COPS Law Enforcement Technology Grant in the FY 2009-10 15 Capital Budget to procure mobile communications services and equipment supporting 16 regional communications needs, and to establish a geographically central location 17 supporting the wireless interfacing and backhaul of the interoperability communications 18 equipment. 19 20 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day 21 of November ,2009. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~(l, ~~ ~ Ci Y AU6r (6ffice CA11314 R-2 October 29,2009 I I - 46- K. PLANNING ITEM # 59380 1. COMPREHENSIVE PLAN AMEND re The Pembroke Strategic Growth Area 4 Implementation Plan and REPEAL the 1991 CBD Master Plan 2. BRYANT AND STRATTO COLLEGE CONDITIONAL USE PERMIT 3. BEACH BINGO, INC. t/a PEMBROKE HALL CONDITIONAL USE PERMIT 4. ROBERTANDKARENVAUGHAN LOCATION OF MOBILE HOME 5. AMEND CITY ZONING ORDINANCE (CZO) ~211 re: time limitations on political campaign signs posted on private property ~201 re: setbacks for front porches (requested by Council Ladies Rosemary Wilson and Barbara Henley). ~203, 900, 901, 902 and 905 re: The Pembroke Strategic Growth Area 4 Implementation Plan. 6. NEW FIRST COLONIAL ASSOCIATES CONDITIONAL CHANGE OF ZONING 7. ENDEA VOR ENTERPRISES, L.L.c. CONDITIONAL CHANGE OF ZONING November 10, 2009 ! I - 47- Item V-K. PLANNING ITEM # 59381 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED in ONE MOTION Items 1,2,3, 4, and 5a.h.c. of PLANNING BY CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer November 10, 2009 - 48 - Item V-K.I. PLANNING ITEM # 59382 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to AMEND the Comprehensive Plan re: The Pembroke Strategic Growth Area 4 Implementation Plan and REPEAL the 1991 Virginia Beach Central Business District (CBD) Master Plan. Ordinance to AMEND the Comprehensive Plan by REPEALING the provisions within the Policy Document pertaining to the Virginia Beach Central Business District Master Plan, adding provisions to the Policy Document pertaining to the Strategic Growth Area 4 Implementation Plan-Pembroke Area, adopting the Strategic Growth Area 4 Implementation Plan-Pembroke Area by reference, and repealing the 1991 Virginia Beach Central Business District Master Plan. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer November 10,2009 I I 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN BY REPEALING THE PROVISIONS WITHIN THE 3 POLICY DOCUMENT PERTAINING TO THE VIRGINIA 4 BEACH CENTRAL BUSINESS DISTRICT MASTER PLAN, 5 ADDING PROVISIONS TO THE POLICY DOCUMENT 6 PERTAINING TO THE PEMBROKE STRATEGIC GROWTH 7 AREA 4 IMPLEMENTATION PLAN, ADOPTING THE 8 PEMBROKE STRATEGIC GROWTH AREA 4 9 IMPLEMENTATION PLAN BY REFERENCE AND 10 REPEALING THE 1991 VIRGINIA BEACH CENTRAL 11 BUSINESS DISTRICT MASTER PLAN 12 13 WHEREAS, the public necessity, convenience, general welfare and good zoning 14 practice so require; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 1) That the Comprehensive Plan of the City of Virginia Beach be, and hereby 20 is, amended and reordained by the deletion in the Policy Document of pages 21 68 through 71 pertaining to, the Virginia Beach Central Business District 22 Master Plan, and the addition to the Policy Document of that certain 23 document, consisting of seven (7) pages, entitled "Strategic Growth Area 4 24 Pembroke Area", a true copy of which is attached hereto, and 25 26 2) That the Comprehensive Plan of the City of Virginia Beach be, and hereby 27 is, amended and reordained by the deletion in the Appendix of the 1991 28 Virginia Beach Central Business District Master Plan and the adoption in the 29 Appendix of the "Pembroke Strategic Growth Area 4 Implementation Plan" 30 dated September 4, 2009. 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(l) ~~ u S \- . o :;;>-. u- I- >;;>,K> eO ~ C) .,- .......- K> . l,..- C tf) .S ~ ~ ,j, '0 ~ (l) :..::::. u rj) .r""- (j) ~ ~ ~ ~ u- cD C) .~ .~~ p ~ 0 ::.J""O""V O-'v, ~ \V C './"l. 0- '? (l) o w ~ -;)if)~ ? -0 C) C)S:;::.. 0.::.:::....... z.'c ..... './'J ,..) C) K>-o ~ c ~ ~ ~ - ...- C) :> ~ b ;;, .( .. ~r ~ lit {It z+ >- ..... "" ~ ~ ~ u; a ;> ~ ~ i ~ ~ ~ 8 ~ ~ . r . " ~ ~ >- ~ ~ <5 U o:l :; u ;; a u t;; :li 0:0: ~ c5 'J"J ~ C} ~ ~ ~ 8 3 ~ :> ~ ~ s > = '" I ~ ~ V5 I l'tl OJ ~ C l'tl .0 '- ::> Item #14 & 15 An ordinance to amend the Comprehensive Plan by repealing the Provisions within the Policy Document pertaining to the Virginia Central Business District Master Plan, adding provisions to the Policy Document pertaining to the Strategic Growth Area 4 Implementation Plan-Pembroke Area, adopting the Strategic Growth Area 4 Implementation Plan-Pembroke Area by reference, and repealing the 1991 Virginia Beach Central Business District Master Plan with Exhibits 1 and Exhibits 1.1. An ordinance to amend Section 203,900,901,902, & 905 of the City Zoning Ordinance pertaining to the Strategic Growth Area 4 Implementation Plan-Pembroke Area October 14, 2009 CONSENT Joseph Strange: The next items are 14 & 15. An ordinance to amend the Comprehensive Plan by repealing the provisions within the Policy Document pertaining to the Virginia Central Business District Master Plan, adding provisions to the Policy Document pertaining to the Strategic Growth Area 4 Implementation Plan-Pembroke Area, adopting the Strategic Growth Area 4 Implementation Plan-Pembroke Area by reference, and repealing the 1991 Virginia Beach Central Business District Master Plan with Exhibits 1 and Exhibits 1.. An ordinance to amend Section 203,900,901,902, & 905 of the City Zoning Ordinance pertaining to the Strategic Growth Area 4 Implementation Plan-Pembroke Area. Tom Pauls: Madame Chair and Planning Commissioners. It's a pleasure to be here. Very briefly, I just want to say that this ten month process had an incredible amount of input, and the effort towards where we are today. The steering committee did an amazing job. I want to recognize David Redmond and Ron Ripley, as Planning Commissioners on the steering committee, who also helped us measurably during this process. This plan will provide land use, transportation, environment, open space, parks, urban design, and guidelines for form-based codes, among other things. I think it is a really good foundation and a very good document from which we can begin to implement the planning policies cited in the Comprehensive Plan for this area. The project team included the CMSS Architects, Kimley-Hom, Delcino Miles, and I want to recognize Cynthia Whitbread-Spanoulis from the Department of Economic Development, because she contributed an incredible amount of work to make this the success I hope it will be. So, with that, I thank you. Janice Anderson: Thank you. Joseph Strange: Thank you Tom. Is there any opposition to these matters being placed on the consent agenda? Madame Chair, I make a motion to approve agenda items 14 & 15. Janice Anderson: We have a motion by Joe Strange. I II Item #14 & 15 City of Virginia Beach - Implementation Plan Page 2 Eugene Crabtree: I'll second it. Janice Anderson: A second by Gene Crabtree. Ronald Ripley: Madame Chair? Janice Anderson: Yes. Ronald Ripley: May I make a comment if you don't mind? Janice Anderson: Regarding item 14. One of the new amendments that Tom Pauls handed out dealt with transportation considerations in the future. And he talked about following further traffic analysis as part of the Transportation Improvement Program, identify appropriate roadway segments to reduce traffic speed consistent with planning principles in this plan. I just want it on the record to state that this segment that we we're talking about, because this is a general statement that refers to the entire planning district which is good. But what prompted this, and I just want it on the record, that we we're talking about specifically looking at speed limits right in the immediate Town Center area on Virginia Beach Boulevard, hopefully looking to reduce that to 35 mph. That is in keeping with the recommendation of the Central Business District Association. I would just like to have that on the record. I mentioned to Tom that I would bring this up, and so noted. Janice Anderson: Thank you very much. Ronald Ripley: Thank you. Janice Anderson: Go ahead. David Redmond: While we're at it, one other quick comment, which I know Mr. Ripley shares because we're doing this by consent very quickly. I just want to thank Burrell Saunders and his team from CMSS, Tom Pauls and the entire Planning staff, the Pembroke SGA 4 Implementation Plan. It is as good of a work product I've seen. It's probably as good a work product that we could find. It is an extraordinary plan. It was a terrific process. It is no great surprise that we got something that good, given how the process was planned and implemented. So, I'm very proud of that effort Tom, Burrell, all you guys did just a fantastic job. It is by no means farfetched either. I think moving towards this, you know, something with an awful lot of thought as opposed to kind of a half-hazard way of developing. It is really an advance for this community. I think it is something we all can be proud of. So thank you all. Janice Anderson: Thank you for those comments Dave. Are we ready for the vote? Bill Macali: Madame Chair, the vote on the SGA plan will include the amendments provided to the Commission from Mr. Pauls, as well as this new one. Janice Anderson: That's correct. Item #14 & 15 City of Virginia Beach - Implementation Plan Page 3 Bill Macali: For the record. Janice Anderson: Yes. Thank you. AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON AYE BERNAS CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS LIV AS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT ABSENT Ed Weeden: By a vote of9-0, the Board has approved agenda items 14 & 15 for consent. - 49- Item V-K.2. PLANNING ITEM # 59383 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Ordinance upon application of BRYANT & STRATTON COLLEGE for a Conditional Use Permit to allow a private university or college in the existing building at 4740 Baxter Road: ORDINANCE UPON APPLICATION OF BRYANT & STRATTON COLLEGE FOR A CONDITIONAL USE PERMIT TO ALLOW A PRIVATE UNIVERSITY OR COLLEGE IN THE EXISTING BUILDING AT 4740 BAXTER ROAD R0110935378 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BRYANT & STRATTON COLLEGE for a Conditional Use Permit to allow a private university or college in the existing building at 4740 Baxter Road: (GPIN#: 14773021770000) DISTRICT 2 - KEMPSVILLE The following condition shall be required: I. Prior to operating the school at this location, a Certificate of Occupancy shall be obtained from the Building Official's Office This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth of November Two Thousand Nine Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer November 10, 2009 - 50 - Item V-K3. PLANNING ITEM # 59384 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Ordinance upon application of BEACH BINGO, INC., 1/a PEMBROKE HALL for a Conditional Use Permit re relocation of existing bingo operation to the Chimney Hill Shopping Center at Suite 809, 3600 Holland Road ORDINANCE UPON APPLICATION OF BEACH BINGO, INC., TIA PEMBROKE HALL FOR A CONDITIONAL USE PERMIT RE RELOCATION OF EXISTING BINGO OPERATION TO THE CHIMNEY HILL SHOPPING CENTER AT SUITE 809, 3600 HOLLAND ROAD R0110935379 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BEACH BINGO, INC., 1/a PEMBROKE HALL for a Conditional Use Permit re relocation of existing bingo operation to the Chimney Hill Shopping Center at Suite 809,3600 Holland Road: (GPIN#: 14865422830000) DISTRICT 3 - ROSE HALL The following condition shall be required: 1. The applicant shall obtain all necessary building permits, inspections, and a Certificate of Occupancy from the Building Official before a business license is issued. 2. The days and hours of operation are Tuesday and Thursday from 10:30 AM until 10:30 PM 3. No LED/electronic display signs shall be permitted in association with the bingo hall. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth of November Two Thousand Nine Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer November 10, 2009 - 51 - Item V-K.4. PLANNING ITEM # 59385 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Resolution APPROVING the location of the existing mobile home at 2348 Vaughan Road DISTRICT 7 - PRINCESS ANNE Resolution APPROVING the location of the existing mobile home (Robert and Karen Vaughan - the Applicants) at 2348 Vaughan Road (GPIN # 2401-28-7374) DISTRICT 7 - PRINCESS ANNE 1. The mobile home has been situated at this location for more than 40 years. The new single-family home will be located approximately eighteen hundred (1,800) feet to the North of the mobile home. While both structures will be on the same parcel, it will appear as though they are on separate lots. The continued existence of the mobile home at its current location is compatible to the surrounding area. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer November 10, 2009 1 A RESOLUTION APPROVING THE LOCATION OF AN 2 EXISTING MOBILE HOME AT 2348 VAUGHAN ROAD 3 (PRINCESS ANNE DISTRICT) 4 5 6 WHEREAS, Robert and Karen Vaughan (the "Applicants") are the owners of a 7 30.86 - acre parcel of property located at 2348 Vaughan Road (the "Property"), in the 8 Princess Anne District; and 9 10 WHEREAS, there is a freestanding mobile home located on the Property, which 11 mobile home was placed on the Property approximately forty (40) years ago, prior to the 12 date on which approval of the Department of Public Works pursuant to City Code 13 Section 19-19 was required forfreestanding mobile homes in Agricultural Districts; and 14 15 WHEREAS, the said mobile home is currently the only structure on the Property, 16 and is currently occupied by a member of the Applicants' immediate family; and 17 18 WHEREAS, the Applicants desire to construct a new single-family dwelling on 19 the Property, at a distance of approximately one thousand, eight hundred (1,800) feet 20 from the freestanding mobile home; and 21 22 WHEREAS, City Code Section 19-19 provides that the City Council may, by 23 resolution, allow the continuation of an existing freestanding mobile home if the 24 circumstances under which the original approval took place change, provided that the 25 City Council finds that the mobile home is compatible with surrounding land use; and 26 27 WHEREAS, the City Council hereby finds that the mobile home is compatible 28 with surrounding land use and that the construction of the Applicants' proposed single- 29 family dwelling constitutes a change in circumstances within the meaning of City Code 30 Section 19-19; 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF VIRGINIA BEACH, VIRGINIA: 34 35 That the City Council hereby approves the continuation of the freestanding 36 mobile home located at 2348 Vaughan Road, in the Princess Anne District, upon the 37 condition that the said mobile home be occupied by a member of the immediate family 38 of the Applicants or of the immediate family of the Applicants' successors-in-interest to 39 the Property. 40 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 43 Tenth day of November, 2009. I II APPROVED AS TO CONTENT: CA 11319 R-1 November 3, 2009 APPROVED AS TO LEGAL SUFFICIENCY: . )~ ! ! //L fA ' ))~ ,l '< City Attorney's 0 Ice 2 GALLUP SURVEYORS & ENGINEERS, LTD. September 17, 2009 Mrs. Karen Lasley Zoning Administrator Municipal Center Virginia Beach, V A 23456 Re: Single Family Site Plan for Robert & Karen Vaughan, 30.86 Acre Parcel, Vaughan Road, Instrument No. 200501190008921 (plat): GPIN: 2401-28"7374 _D~~. ~J~y, Mr. & Mrs. Vaughan wish to build a single-family home for themselves on this property. The property is' located at the western termirius of V augban Road. A copy of the site plan is included for your review. Please note that a freestanding mobile home ~xists near the eastern boundary of the property. The new house wiU be approximately 1750 feet from the mobile home. The mobile home is located in "front" of the proposed home. The location of the mobile home with respect to the new house will not be in compliance with Sect 19-19(a)(I) of the City Code, which requires the mobile home to be located to the side or rear of the principal residence. The mobile home has been located on this property for approximately 40 years. In past years, it has housed fann laborers. It is currently occupied by Mr. Vaughan's son. ' I am writing to you to request that City Council consider approving a resolution, in compliance with Sect. 19-19(b), to allow the continuation of the existing freestanding mobile home and the cOnstruction of a new sin'gle-family home on this property. I am including the following documents for your use in the request: 1.) One full-size copy of the site plan. 2.) One 8 !12" x 11" reduction of site plan. 3.) Letter from Paul Phillips, dated 8120/09, disapproving the construction of new home because of the mobile home. 4.) Copy of Sect. 19-19 of City Code provided by Mr. Phillips. Thank you in advance for your time and consideration of this request. Please do not hesitate to caU if you have any questions or if I may be of further assistance. Sincerely, GALLUP SURVEYORS & ENGINEERS, LTD. ~~~.~ Bruce W. Gallup, P.E., L.S. cc: Bobby Vaughan 323 First Colonial Road · Vrrginia Beach, Virginia 23454-4605 Phone (757)428-8132. Fax (757)425-2390 I II Sec. 19.19. Location in agricultural districts. (a) A permit to allow one (1) freestaFlding mobile home may be approved by the department of public works in any area zoned agricultural district, provided the following conditions are complied with: (1) The mobile home is located to the rear or side and on the same lot or parcel with a principal residential building and all dimensional requirements for two (2) dwellings are complied with and the required yards or open space of the principal dwelling are not encroached upon. (2) The mobile home is not located within four hundred (400) feet of any other residence existing at the time application is made to locate the mobile home. (3) The immediately adjoining property owners and those directly across the fronting street shall be notified by the department of public works of the receipt of an application to place a mobile home. Such notice shall be mailed at least fifteen (15) days prior to the issuance of a permit by the department of public works. The address to which such notice shall be sent by the department of planning shall be that as shown on the tax records of the city. (4) The department of publiC works shall not issue a permit to locate a freestanding mobile home until the method of sewage disposal for such mobile home is approved by the department of public health. (5) A freestanding mobile home authorized under the terms of this section shall not be occupied by anyone not a member of the immediate family resident in the principal dwelling on the lot or parcel and such mobile home shall not be occupied by more than one (1) family. For the purpose of this section, a member of the immediate family is defined as any person who is a natural or legally adopted child, grandchild or spouse or parent of the owner. (6) The department of planning shall, upon written receipt of an objection from persons set forth in (3) above to the placement of a freestanding mobile home, refer the application to the city council for approval or disapproval. If no objection is received by the department of public works, it shall be authorized to issue the freestanding mobile home permit at the expiration of the notification period. (b) Nol\...ithstanding the provisions of subsection (a) hereof, the city council may, by resolution, allow the continuation of an existing freestanding mobile home if the circumstances under which the original approval took place change, provided the council finds the mobile home to be compatible with surrounding land use. In the resolution permitting such continuation, the city council may attach conditions and safeguards to its approval as it deems necessary to assure such compatibility. (c) A temporary special permit may be issued by the department of public works for a period not to exceed nine (9) months in a case where a single-family dwelling has been destroyed or damaged by fire or other disaster to an extent which makes such dwelling uninhabitable and only where such dwelling is to be rebuilt or repaired. (Code 1965, ~ 35-4; Ord. No. 1006, 11-19-79; Ord. No. 1822, 12-5-88; Ord. No. 2112, 2-4-92; Ord. No. 2148, 6-23-92) r sli !Il'll I;~I lilt ~18' !;d ;111111 vrati ..., \ - I Il~la.l ii~~~ . l"E:,:il J~1I,1I1 I " "... - 11i: , ~"i,d III ~c I~ "I: .. ~ .. Existing Mobile Home i " I~ ~~ 1= i~ ~~ 12 I ! '.... '" ',.... ........' / ~ '*' 0.'1<.<- ,......~.p~ ~>~~ <' 0- <, ,. \ \ , < a;: ~ '1'" :IdJ, :>. .~.., ~ t:~. ~. "" " i g <~ ., ~.. S'.., 'l,l ~... lo, , ~... r '" ~, \ ~ c,' ~ ? <'" '" ~, a ~' 0: :r- 4. b :> t" <~ ; ~< 0:: - ; Military AvIalion Museum -1341 PriDcessAnne Road' VugiDia Beach, VA 23457 - Phone: (157) 721-7767 _Milifi1lyAviatiOflMumJ1tl.olg October 19,2009 Stephen J. White, Ph.D., AICP Chief Planner Department of Planning 2405 Courthouse Dr., Room 115 Virginia Beach, V A 23456-9040 RE: 2348 Vaughan Road Dear Mr. White, We are in receipt ofyoue notice concerning the request of the City Council to grant pennission for the continued existence of a free-standing mobile home on the property of GPIN 2401-28-7374 and also the construction of an additional future single-family dwelling. Our property is adjacent to this existing lot with the mobile home. We would like to infonn you that we have no objection to the construction ofan additional home to be built on this lot. We feel it to be a benefit to the neighborhood and encourage the City Council to approve this request. COIPOratc OffiCC$ - 44SS South Boulevard- vqinia Beach, VA 23452 Phone: (157) 490-3157' Fax: (157) 497-8083 I II - 52 - Item V-K.5. PLANNING ITEM # 59386 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinances to AMEND the City Zoning Ordinance (CZO): a. 9211 re: time limitations on political campaign signs posted on private property. b. 9101 re: setbacks for front porches (requested by Council Ladies Rosemary Wilson and Barbara Henley). c. 9203, 900, 901, 902 and 905 re: The Pembroke Strategic Growth Area 4 Implementation Plan. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wi~onandJamesL. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer November 10, 2009 1 AN ORDINANCE TO AMEND SECTION 211 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO POLITICAL CAMPAIGN 4 SIGNS 5 6 Section Amended: S 211 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 211 of the City Code is hereby amended and reordained to read as 15 follows: 16 17 APPENDIX A ZONING ORDINANCE 18 19 20 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 21 ALL DISTRICTS. 22 23 24 B. SIGN REGULATIONS 25 26 27 Sec. 211. Signs permitted in all districts. 28 29 The following types of signs are exempted from all of the provisions of this 30 ordinance, except for illumination, construction, and safety regulations and the following 31 standards: 32 33 (a) Public signs. Signs of a noncommercial nature and in the interest of, 34 erected by or on the order of, a public officer in the performance of his 35 public duty, such as directional signs, regulatory signs, warning signs, and 36 informational signs. 37 38 39 (e) Political campaign signs. Signs announcing candidates seeking public 40 political office and other data pertinent thereto shall be permitted up to a 41 total area of eight (8) square feet for each premises in a residential zone 42 and thirty-two (32) square feet in a commercial or industrial zone. These 43 Such signs shall be confined within private property and shall not 44 encroach into the visibility triangle at street intersections. These signs may 45 be displayed sixty (60) days prior to and seven (7) days 3fter the eleotion 46 for which intended. In cases where a final election follows a primary , II 47 election, those candidates ....'ho won in the primary election may continue 48 to display their signs during the interim period and up to seven (7) days 49 after the final election. 50 51 52 (h) Commercial signs used for political campaign advertising. Commercial 53 signs may be used for political campaign advertising.:..,. sixty (60) days prior 54 to and seven (7) days after the election for .:thich intended. In cases where 55 a final election foIlO'.~.'s a primary election, those candidates who 'Non in the 56 primary election may continue to display their signs during the interim 57 period and up to seven (7) days after the final election. 58 59 The political campaign advertisement shall encompass the entire surface 60 area upon which it is placed. The advertisement shall be secured to the 61 commercial sign in a manner acceptable to the department of permits and 62 inspections. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of November, 2009. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AN ORDINANCE TO AMEND SECTION 201 OF THE CITY ZONING ORDINANCE PERTAINING TO SETBACKS FOR FRONT PORCHES IN THE R-7.5, R-10 AND R-15 RESIDENTIAL ZONING DISTRICTS Section Amended: 9201 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 9201 of the City Zoning Ordinance is hereby amended and reordained to read as follows: Sec. 201. Yards. (a) General. All required yards shall be unobstructed by any structure or other improvement which exceeds sixteen (16) inches in height as measured from ground elevation; provided, however, the following improvements may be located in a yard: (6) Covered, unenclosed front porches on single-family or duplex structures constructed prior to the effective date of this ordinance, may extend into tRe ~ required front yard setback, provided, however, that: a. Except as allowed in subdivision (6.1 ), such porches shall have a maximum depth of six (6) feet, as measured from the exterior wall of the main structure to the exterior edge of the porch foundation and a maximum width of twelve (12) feet; and b. in no case shall the setback from the nearest lot line to the exterior wall of the porch foundation be less than five (5) feet~ (6.1) In the R-7.5. R-10 and R-15 Residential Zoninq Districts. the minimum front yard setback for covered. unenclosed front porches havinq a maximum depth qreater than six (6) feet or a maximum width qreater than twelve (12) feet shall be twenty (20) feet; and ! II 46 (7) Handicapped ramps, to the extent necessary to perform their proper 47 function. 48 49 In addition, certain other structures, uses or accessories may be prohibited in 50 certain yards as set forth in the applicable district regulations. 51 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of 54 November, 2009. I II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE TO AMEND SECTIONS 203, 900, 901, 902 AND 905 OF THE CITY ZONING ORDINANCE PERTAINING TO THE PEMBROKE STRATEGIC GROWTH AREA 4 IMPLEMENTATION PLAN. Sections Amended: 99203,900,901,902, and 905 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 203, 900, 901, 902, and 905 of the City Zoning Ordinance are hereby amended and reordained to read as follows: ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL DISTRICTS Sec. 203. Off-street parking requirements. (i) Public parking in the B-3A Pembroke Central Business Core and B-4C Central Business Mixed Use Districts. (3) Public Parking, B. The extent to which the proposed use conforms to the Urban Design Plan component of the Virginia Beach Central Business District M3stor Plan Pembroke StrateQic Growth Area 4 Implementation Plan if such proposed use is within the B-3A Pembroke Central Business Core District or, if the proposed use is within the B-4C Central Business Mixed Use District, the extent to which it conforms to the Mixed Use Development Guidelines; and ARTICLE 9. BUSINESS DISTRICTS. Sec. 900. Legislative Intent. The purpose of the B-1 Neighborhood Business District is to provide areas where a limited range of business establishments can be located near or adjacent to residential development without adversely impacting the adjacent residential area. . . . 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 The B-3A district is intended to comprise publicly accessible community open space areas, generally reflective of the concepts identified in the city's Comprehensive Plan and the Pembroke Centr31 Business District Master Plan Pembroke Strateaic Growth Area 4 Implementation Plan. Sec. 901. Use regulations. (a 1) Outdoor cafes and outdoor plazas in the B-3A Pembroke Central Business Core District. (a) Notwithstanding any contrary provision of this ordinance, outdoor cafes within the B-3A Pembroke Central Business Core District shall not occupy more than one thousand (1,000) square feet of area outside of an enclosed building. (b) Notwithstanding any contrary provision of this subsection, outdoor plazas within the B-3A Pembroke Central Business Core District shall be subject to the following criteria: (1) Outdoor plazas should be located at the entrance to major buildings and other appropriate areas to provide safe, attractive and accessible public urban open spaces for those who live, work and visit the area. The size and configuration of outdoor plazas and attendant amenities shall be reviewed by the Planning Director to ensure conformance with these and other related objectives as set forth in the Comprehensive Plan and Pembroke Central Business District Master Plan Pembroke Strateaic Growth Area 4 Implementation Plan; and (2) The architectural design shall conform to the purpose and intent of the Centr31 Business District M3ster Plan Pembroke Strateaic Growth Area 4 Implementation Plan. Sec. 902. Dimensional Requirements. (f) Notwithstanding the requirements of subsection (a), the Planning Director may allow a reduced front yard setback on any zoning lot within the B-3 Central Business District directly opposite property located within the B-3A Central Business Core District, and separated from such property by a public right-of way having a width of no less than one hundred (100) feet under the following circumstances: (1) The zoning lot is at least five (5) acres in area; 2 I II 92 93 (2) The proposed development for which the reduced setback is sought is of a 94 type and quality consistent with the standards set forth in the 95 Comprehensive Plan and Pembroke Central Business District Master Plan 96 Pembroke Strateqic Growth Area 4 Implementation Plan; and 97 98 (3) The proposed development does not include any buildings or parcels 99 which are not visually and functionally integrated into the entire 100 development. 101 102 Sec. 905. Sign regulations. 103 104 105 (d) Within the B-3A Pembroke Central Business Core District and the B-4C 106 Central Business Mixed Use District, signs shall be permitted as follows: 107 108 109 (4) All freestanding signs shall be approved by the City Council, as consistent 110 with the general purpose and intent of the design provisions presented in 111 the July, 1991, Pembroke Centr31 Business District Master Plan Pembroke 112 Strateqic Growth Area 4 Implementation Plan and any applicable design 113 standards approved by city council. 114 115 Adopted by the Council of the City of Virginia Beach, Virginia, on this 10th day of 116 November, 2009. 3 II - 53 - Item V-K.6. PLANNING ITEM # 59387 The following registered in SUPPORT: Attorney R. J. Nutter, 222 Central Park Avenue, Phone: 687-7500, represented the applicant, New First Colonial Associates. This property is bordered on two (2) sides by office and commercial zoning. The property is zoned B-1 to the South and 0-2 to the West of the site. The entire corridor is all zoned B-2 at a depthfar in excess of this single lot. Mr. Nutter's clients have been at this location for over twenty-five years. The applicant has a successful orthodontic dental practice. The adjacent property is zoned R-15 and has been on the rental market for a period of time. His clients purchased this property over a year ago with intent to provide a low intensity project, a barrier for the neighborhood. The size of the building would be reduced, setbacks would be provided as with a residential home and a curb cut would be eliminated as requested by the staff assuring no additional traffic into the neighborhood. The parking requirement on the site was also doubled. The building would be brick and one-story. The applicant originally met with the property owners most affected. Matt Nettesheim, an adjacent neighbor, spoke at the Planning Commission in SUPPORT. A letter in SUPPORT from Matt and other residents on Bonneydale in SUPPORT were provided as well as the SUPPORT of Dr. Townsend, the owner of an adjacent professional building. Dr. George Sabol, 1509 Oak Hill Court, Phone; 496-0381, one of the applicants, provided a copy of Matt Nettesheim's correspondence, which is hereby made a part of the record. The following registered in OPPOSITION: Wanda Whittaker, 1221 Acredale Road, advised this is a unique neighborhood and their homes are their sanctuaries. Her husband recently retired from twenty (20) years of service in the Navy. Her husband works very hard and likes to relax by gardening and maintaining a variety of fruits and vegetables. Mrs. Whittaker distributed photographs and leasing options available, which are hereby made a part of the record. This Orthodontic group has four (4) other locations and photographs were distributed. Rick West, 5220 Sharon Drive, advised there are no guarantees that the proposed application will always be a dental office. The property shown as Parcel A was originally Acredale Confectionary, later a mattress outlet and now a payday loan business. Parcel B was a Pizza Hut and is now a Bar and Grill. Parcel C was a single family home and is now a massage parlor. Parcel D was a 7-11 and more recently a pawn shop. All the areas shown as Parcels 1 through 5 were once single family residences and have been rezoned to commercial uses. There are many alternatives that are commercially rezoned. Nelene Gibbs, 1129 Burlington Road, resident of Acredale for twenty (20) years. Acredale is one of the oldest platted neighborhoods in Virginia Beach. It has maintained its stability and desirability in spite of the recent real estate downturn. The property values have increased. Acredale is a desirable place to live and a multi generational neighborhood. Howard Pearce, Jr., 1121 Minden Road, 27 years old, represented a third generation resident of Acredale. The proposal sounds like only one home being rezoned, but the potential for future encroachment could easily follow. Mr. Pearce requested the proposal be DENIED. William Knowles, 1128 Olive Road, represented the residents of Acredale. He and his wife, Barbara, are 42-year residents. His three (3) children are all graduates of Kempsville High School. The community consists of several original homeowners November 10, 2009 - 54 - Item V-X 6. PLANNING ITEM # 59387 (Continued) Doug Ferguson, 1148 Olive Road, 17-year resident of Acredale. Mr. Ferguson advised Dr. Sabol attended one of neighborhood meetings in October. Dr. Sabol advised when questioned that he was planning to rezone the run-down property. It was not economically feasible to buy commercial. Mr. Ferguson distributed a petition in OPPOSITION containing 415 signatures. Michael Whittaker, Acredale Road, Phone: 467-1245, adjacent property owner, 20-year veteran of the Military and government employee. Pat Ferguson, 1148 Olive Road, proud President - Civic League, speaking on behalf of the 415 voices contained in the petition of OPPOSITION If this application is approved, the City cannot control the amount of their growth or activity. Since purchasing the home in December 2007, the applicant has failed repeatedly to obtain the necessary inspections by the City for even renting a property nor complied with code requirements to make the necessary repairs for a rentable home or providing heat to their tenant. Sam Reid, President - Council of Civic Organizations. speaking on behalf of the citizens in one of the oldest and finest neighborhoods in the City, Acredale. One of the Planning Commissioners who voted against this application said the Commission is not in the business of assisting someone to build or expand their businesses. The applicant has not shown any significant reason for the rezoning. Mr. Reid quotedfrom the Comprehensive Plan. Upon motion by Councilman Diezel, seconded by Council Lady Henley, City Council DENIED an Ordinance upon application of NEW FIRST COLONIAL ASSOCIATES for a Change of Zoning District Classification from R-15 Residential District to Conditional 0-1 Office District re a dental office at 5315 Bonneydale Road: ORDINANCE UPON APPLICATION OF NEW FIRST COLONIAL ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-15 RESIDENTIAL DISTRICT TO CONDITIONAL 0-1 OFFICE DISTRICT RE A DENTAL OFFICE AT 5315 BONNEY DALE ROAD Ordinance upon application of NEW FIRST COLONIAL ASSOCIATESfor a Change ofZoninf! District Classiticationfrom R-15 Residential District to Conditional 0-1 Office District re a dental office at 5315 Bonneydale Road (GPIN# 14654920690000) DISTRICT 2 - KEMPSVILLE November 10, 2009 - 55 - Item V-K.6. PLANNING ITEM # 59387 (Continued) Voting: 7-3 Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Ron A. Villanueva Council Members Voting Nay: William R. "Bill" DeSteph, Rosemary Wilson and James L. Wood Council Members Absent: Robert M Dyer November 10, 2009 -56- Item V-K. 7. PLANNING ITEM # 59388 The following registered in SUPPORT: Attorney Edward Bourdon, Pembroke Office Park, Building 1, 281 Independence Boulevard, Phone; 499-8971, represented the applicant (Village Center @ Holland Creek), and was accompanied by Bob Miller, MSA, Architects for the project, and the principals. The uses available for this property are almost any type of industrial use, commercial or off ce use. Many Virginia Beach residents have borne burdens as a result of the major changes adopted in response to BRAC. However, few have borne a more substantial burden then has his clients in this particular application. This plan is accepted by the vast majority of surrounding property owners as a fair and equitable method for this property to be developed. The purpose of the rezoning is to develop in two (2) Phases, Phase I - a 9300 square foot single story day care use and a 25, 000 square foot building for offices, personal services and limited restaurant use. The restaurant use cannot serve alcohol and cannot exceed 4500 square feet. Phase II will not occur until Holland Road is widened into four (4) lanes, or until July 1, 2020. Phase II also consists of two (2) buildings, an 11, 000 square foot, 2-story office building and a 9, 000 square foot one-story office and personal services use building. There is no longer any retail component with this project. Yet the extensive proffered road improvements have not changed. Eric Sivertsen, 2940 Mimosa Court, Phone: (757) 368-4322, lived with his family for nine (9) years, as an adjacent resident to the applicant. His family is concerned with the development of this land and approves Endeavor's project, which will be a welcome addition to the neighborhood. Ez~gene Thompson, 293 Independence Boulevard, Phone (757) 343-2461, Senior Architect and Principal with Ionic DeZign Studios. His office was introduced to this project by MSA and has been working through the entire process. Alejandro Caro, 2809 Saville Garden Way, Phone: 621-3334, appreciates child care closer to his residence. The following registered in OPPOSITION.• Dan Dunaway, 2933 Chestnut Oak Way, believes this application is inconsistent with the Corridor. Holland Road, until expanded, cannot handle the volume of traffic, even with a reduced footprint Stuart Koegle, 1992 Berry Garden Way, Phone; 468-4001, President -Greenwood Community Association, would prefer not to see the property developed. Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of ENDEAVOR ENTERPRISES, L.L.C. for a Chance of Zoning District Classification from AG-1 and AG-2 Agricultural to Conditional B-IA Limited Business and P-1 Preservation District at Chestnut Oak Way. November 10, 2009 - 57 - Item V-K.7. PLANNING ITEM # 59388 (Continued) ORDINANCE UPON APPLICATION OF ENDEAVOR ENTERPRISES, L.L.c., CHANGE OF ZONING DISTRICT CLASSIFICATION, AG-1 AND AG-2 AGRICULTURAL DISTRICTS TO CONDITIONAL B-1A LIMITED BUSINESS DISTRICT AND P-1 PRESERVATION DISTRICT, EAST SIDE OF HOLLAND ROAD, APPROXIMATELY 120 FEET SOUTH OF CHESTNUT OAK WAY. Z011091230 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ENDEA VOR ENTERPRISES, L.L.c., for a Chanf!e of Zoninf! District Classification. AG-1 and AG-2 Agricultural Districts to Conditional B-1A Limited Business District and P-1 Preservation District, east side of Holland Road, approximately 120 feet south of Chestnut Oak Way. (GPIN # 14954173360000, 14955195180000 portion of 14955126960000) DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth of November Two Thousand Nine Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer November 10, 2009 I II CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF6518 DATE: October 30,2009 TO: FROM: Mark D. Stiles 8. Kay Wilson~ DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Endeavor Enterprises, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 10, 2009. I have reviewed the subject proffer agreement, dated October 5, 2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. 8KW/ka Enclos~ cc:~hleen Hassen PREPARED BY, D SVHS. BOURDON. III AllmN & [I:VY. P.c. ENDEAVOR ENTERPRISES, L.L.C., a Virginia limited liability company RADHAKRISHNA RENUKUNTA and KAVITHA VURIMINDI ajkja KAVITHI VURIMINDI, husband and wife NEW ENDEAVOR ENTERPRISES, L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 5th day of October, 2009, by and between ENDEAVOR ENTERPRISES, L.L.C., a Virginia limited liability company, party of the first part, Grantor; RADHAKRISHNA RENUKUNTA and KAVITHA VURIMINDI ajkja KA VITHI VURIMINDI, husband and wife, parties of the second part, Grantors; NEW ENDEAVOR ENTERPRISES, L.C., a Virginia limited liability company, party of the third part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the parties of the second part are the owners of two (2) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing a total of approximately 6.158 acres as more particularly described as Parcell and Parcel 2 in Exhibit "A" attached hereto and incorporated herein by reference, which parcels along with Parcel 3 is hereinafter referred to as the "Property"; and WHEREAS, the party of the third part is the owner of a parcel of property located in the Princess Anne District of the City of Virginia Beach, containing a total of approximately 13.77 acres as more particularly described as Parcel 3 in Exhibit "A" attached hereto and incorporated herein by reference, which parcel along with Parcels 1 and 2 are hereinafter referred to as the "Property"; and GPIN: 1495-41-7336 1495-51-2696 1495-51-9518 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahem & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 PREPARED BY: ~ SYHS. ROlJImON. 111 AllmN & H:VY. P.c. WHEREAS, the party of the first part as the contract purchaser of Parcels 1, 2 and 3 has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classification of the Property from AG-1 and AG-2 Agricultural District to Conditional B-1A Commercial District and P-1 Preservation District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the portion of the Property zoned B-tA is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "CONCEPTUAL . SITE LAYOUT & LANDSCAPE PLAN OF VILLAGE CENTER at HOLLAND CREEK", 2 PREPARED BY: _SYI:.[S. ROlll~I)O,N: L\1I AIIWN & t[\!Y.I.L prepared by Ionic DeZign Studios and MSA, P.C., dated 09/29/09, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Conceptual Site Plan"). 2. When the Property is developed, the exterior building materials, colors and architectural design elements of the four (4) buildings designated on the Conceptual Site Plan shall be substantially as depicted on the exhibits entitled "VILLAGE CENTER AT HOLLAND CREEK -TIPICAL RETAIL BUILDING ELEVATION; VILLAGE CENTER AT HOLLAND CREEK - DAYCARE ELEVATION; and VILLAGE CENTER AT HOLLAND CREEK - OFFICE BUILDING ELEVATION", dated 03/04/09, prepared by Ionic Dezign Studios, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Building Elevations"). 3. When the Property is developed, the Grantor shall make those road improvements to Holland Road as depicted on the exhibit entitled "Conceptual Right of Way Improvement Plan For Village Center at Holland Creek", dated 12/9/08, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Right of Way Improvements"). 4. When the Property is developed, if the improvement and widening of Holland Road to four (4) through lanes of vehicular capacity from its intersection with Dam Neck Road, south to its intersection with Chestwood Drive has not commenced, only the buildings designated "#1, Single Story Daycare 9,315 square feet" and "#2, Single Story 25,000 square feet total" on the Conceptual Site Plan may be developed. No occupancy of the buildings designated "#3, Single Story 9,000 square feet" and "#4, 2-Story Office 17,000 square feet" on the Conceptual Site Plan shall be permitted until (a) the improvement and widening of Holland Road to four (4) through lanes of vehicular capacity from Dam Neck Road to its intersection with Chestwood Drive has been completed (Phase II); or (b) July 1,2020 whichever shall first occur. 5. The Grantor shall not be required to install that portion of 8' Privacy Fencing along the northwestern section of the Property's perimeter, as depicted on the Conceptual Site Plan, until construction plans for Building "#3, Single Story 9,000 square feet total" are approved by Grantee. 6. The Building designated "#2, Single Story 25,000 square feet total" on the Conceptual Site Plan shall have (a) no more than 4,500 square feet of space occupied by restaurant uses, none of which may serve or sell any alcoholic beverages; (b) no more than 3 PREPARED BY: ;JDJ SYl(I~S. Hi)j !1~1)1 >N, III ,\lImN & IJVY. P.r. 7,500 square feet of space occupied by any of the following service uses permitted in the B- tA zoning district: veterinary establishments; financial institutions (which shall not include "pay day" loan services which shall not be permitted); funeral homes; repair services, dry cleaning agencies; medical and dental clinics and offices; museums and art galleries; commercial printers; personal service establishments, other than those listed separately; and (c) all remaining space in Building #2 shall be occupied by office uses. No retail uses shall be permitted on the Property. 7. The Building designated "#3, Single Story 9,000 square feet total" on the Conceptual Site Plan shall have (a) no more than 5,000 square feet of space occupied by any of the service uses listed in the preceding proffer numbered 6; and (b) all remaining space in Building #3 shall be occupied by office uses. No retail uses shall be permitted on the Property. 8. Prior to submittal of a Site Development Plan for the Buildings designated "#3, Single Story 9,000 square feet total" and "#4, 2-Story Office 17,000 square feet" (i.e. Phase II), Grantor shall prepare and submit a "Supplemental Traffic Impact Study" to the Director of the Virginia Beach Department of Planning. 9. The Grantor proffers that building "#4, 2-Story Office 17,000 square feet total" shall only be used for office uses and not be used for any retail, restaurant or service uses, except those service uses which may be permitted in the 0-2 Office Zoning District. 10. The Grantor proffers that building "#1, Single Story Daycare 9,315 square feet" shall only be used for an educational/child daycare or office uses and shall not be used for any retail, restaurant or service uses, except those service uses which may be permitted in the 0-2 Office Zoning District. 11. When the Property is developed, only one (1) freestanding monument style sign may be erected on the Property, constructed with a base matching the material and predominant color of the buildings as depicted on the Conceptual Site Plan. All building mounted sign age shall be channel letters on a raceway (Le. no block signs) and only the lettering may be illuminated. No signage may use L.E.D. or a similar electronic display unless it is both (a) permitted in the B-tA Zoning District; and (b) approved in advance by the Director of the Virginia Beach Department of Planning. 12. When the Property is developed, the dumpsters depicted on the ConceptualiSite Plan shall be screened/housed in a masonry structure (3 sides) with the exterior 4 PREPARED BY' I' SYK.[S. Hot!IIIHlN,. . ,\IIUm 1\ L[vY.I'.r, surface matching the building material and color. Dumpsters shall not be tipped/emptied before 8:30 AM nor after 8:30 PM. 13. The hours of daily operation for any educational/child daycare use in the building designated #1, Single Story Daycare 9,315 square feet on the Conceptual Sit Plan shall not commence prior to 6:00 AM nor conclude subsequent to 7:00 PM. 14. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. The development shall use "The Largent" lighting fixtures and a complete photometric plan shall be submitted to the Planning Department for review and approval during detailed site plan reVIew. 15. When the Property is developed, the Grantor shall install and maintain an 8' wide multi-purpose trail from Holland Road through the open space within the developed portion of the property, through the open space at the eastern end of the center and terminating at the 5.18 acres of land to be zoned P-1 Preservation District substantially as depicted on the Conceptual Site Plan. The Grantor shall dedicate to the Grantee a pedestrian access easement over the multi-purpose trail and create a second pedestrian walkway from the multi-purpose trail to the small City owned park which abuts the southern boundary of the Property, as depicted on the Conceptual Site Plan. 16. Prior to the issuance of a Certificate of Occupancy for any building on the Property, the Grantor shall dedicate to the Grantee, the 5.18 acre portion of the property to be zoned P-l Preservation District. 17. Prior to Grantee issuing Site Plan approval for any of the development on the Property as depicted on the Conceptual Site Plan, Grantors shall have recorded a Private Deed Restriction enforceable by the record title holders to Lots numbers 26 through 33 as depicted on the plat of "Subdivision of Greenwood" (recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 280, a.t Page 84), dedicating a Preservation Easement 35 feet in width over that portion of the Property which adjoins and runs parallel to the southern boundary of the referenced lots. This Preservation Easement shall require that all trees and vegetation within this area remain undisturbed if the remainder of the parcel is used for any purpose other than a residential use. 5 PREPARED BY' ~ WI; IS. 1.!OI'HPON. .;\IIUIN & IJVY. p.r. 18. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-lA and P-l Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 6 PREPARED BY- I" Sy~\\ Ufllll~I:OlN: ,\lILl,Pi 1\ Ll:\ \ .l.l. (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office ofthe Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 7 PREPARED BY: ISYI(-'~S; UOl!I~I)()~~. AIIl:llN & L[\ V.l.r. WITNESS the following signature and seal: Grantor: Endeavor Enterprises, L.L.C., a Virginia limited liability company .. -....,.. \ /~ .",' ,/" . By: \ \' // lSEAL) Radhakfishrul Renukunta, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 12th day of October, 2009, by Radhakrishna Renukunta, Managing Member, of Endeavor Enterprises, L.L.C., a Virginia limited liability company, Grantor. . /' I ". ./1 ,"i .......... . , I, .., .... /. l r:v.- '/ '.' .',./ ",. "\ -'/.'(~.i/J. ,f), ,\, / j"_ Notary Public . /. / ,:. / . ,.tV ;,<, ~, ':y LI My Commission Expires: Notary Registration No.: August 31, 2010 192628 8 I II PREPARED BY: _ SVHS. nOURPON. _ Am:nN & IXVY. !l.r. WITNESS the following signatures and seals: '". Grantors: /---.....~ '. ': y\,,'-.......~, .~ / Radh~kfisl.lHra Renukunta /" (SEAL) ! . r . : // , - (~ I -~--- - \ I j\,[)\,\..- I ~ \.... " (SEAL) Kavitha Vurimindi ajkja Kavithi Vurimindi STATE OF VIRGINIA CI1Y OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 12th day of October, 2009, by Radhakrishna Renukunta and Kavitha Vurimindi ajkja Kavithi Vurimindi, husband and wife, Grantors. 1 i , , /,.,.:til, .- ' / : 5. .' -:: , ., " / I ,. d : 1 i (! ,/..'~' ! .- I \} i J I i I" II ,.. i I .; '.' . ,. I '. L", .~. Notary Public ' - My Commission Expires: Notary Registration No.: August 31, 2010 192628 9 I II PREPARED BY' ISYI:~S. UOl!lmON. . AIIWN &. LEVY. PF WITNESS the following signature and seal: Grantor: New Endeavor Enterprises, L.L.C., a Virginia limiteCi liability company ~ , ~' , / "'-..,l /' ,,,,,,. By: I:: J' ~.//' (SEAL) Radhakrishna Renukunta, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 12th day of October, 2009, by Radhakrishna Renukunta, Managing Member, of New Endeavor Enterprises, L.L.C., a Virginia limited liability company, Grantor. .I /~ ,--'..J -.....',.4. /~'~ -,' j t ..../... ~_:. My Commission Expires: Notary Registration No.: August 31, 2010 192628 10 EXHIBIT "A" PARCEL 1: ALL THAT certain lot, piece or parcel of land, lying situate and being in the Princess Anne District of the City of Virginia Beach, Virginia, and being designated as "PARCEL A-I" as depicted on the "RESUBDIVISION OF PARCEL A, SUBDIVISION OF PROPERlY OF AMERICA WILSON ESTATE, AND 'LUCINDA HASKINS 2 ACRES"', dated November 7, 2005, prepared by Rouse-Sirine Associates, Ltd. and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 200601040002057. Containing 3.74 acres ofland, more or less. GPIN: 1495-41-7336 PARCEL 2: All that certain lot, piece or parcel of land, with the buildings and improvements thereon, belonging, lying, situate in the City of Virginia Beach, Virginia, and known, numbered and designated as LUCINDA HASKINS 2 ACRES as shown on that certain plat entitled Property of G. B. Wilson Located in Princess Anne County dated September 12, 1936, prepared by W. B. Gallup, Certified Surveyor, which said plat is recorded in the aforesaid Clerk's Office in Map Book 10, page 113. GPIN: 1495-41-7336 PARCEL 3: All that certain tract of land, lying being and situate in Seaboard Magisterial District, Princess Anne County, (now City of Virginia Beach), Virginia designated as Lot One (1) on the Plat of HARGROVE FARMS, made by E.E. Burroughs, C.S. for W. W. Sawyer, and recorded in Map Book 1, at Page 6(a), in the Clerk's Office of the Circuit Court of Princess Anne County (now City of Virginia Beach), Virginia (erroneously referred to as 25 acres more or less in the previous source deed). Said tract or parcel of land fronts on Holland Road in said District, Princess Anne County (now City of Virginia Beach). Said property being more particularly bounded and described as follows: Beginning at a point on the eastern right of way of Holland Road, said point of being 67.35 feet northerly from the intersection of the eastern right of way of Holland Road and the northern right of way of Sugar Maple Drive; thence S 75 degrees 30' W. 60.16 feet to a point on the eastern right of way of Holland Road; thence N 7 degrees 24' 47" W. 141.78 feet along the eastern right of way of Holland Road to a point; thence continuing along the PREPARED BY eastern right of way of Holland Road N 2 degrees 32' 31" W. 219.90 feet to a point; thence 1IB5YI(IS IWIlRIlON. N 87 degrees 20' 11" E. 676.03 feet to a point; thence N 75 degrees 39' 19" E. 113.68 feet to .. AllmN & ll:.-VY.IIJ-:' a point; thence N 78 degrees 18' 28" E. 168.64 feet to a point; thence N 76 degrees 44' 20" E. 56.77 feet to a point; thence S 74 degrees 10' 04" E. 75.42 feet to a point; thence N 85 degrees 04' 03" E. 104.19 feet to a point; thence N 52 degrees 34' 24" E. 159.75 feet to a 11 I II PREPARED BY: ;tBSVKIS ROlmllON. .. AllmN & IXVY, Il.l~. point; thence N 26 degrees 34' 53" E. 60-42 feet to a point; thence N 83 degrees 24' IS" E. 113.99 feet to a point; thence N 81 degrees 35' 43" E. 505.80 feet to a point; thence S 86 degrees 38' 25" E. 403.60 feet to a point; thence N 67 degrees 46' 21" E. 362.68 feet to a point; thence N 84 degrees 08' 26" E. 578.52 feet to a point; thence S 3 degrees 44' 54" W. 29.91 feet to a point; thence S 75 degrees 30' W. 3280.13 feet to the point of beginning. Containing 13-43 acres ofland, more or less. GPIN: 1495-51-9518 ConditionalRezonejEndeavor EnterprisesjHollandLifestyleCenter jProffcr4_ Clean Rev_lOjosjo9 12 I II - 58 - Item V-L.J. APPOINTMENTS ITEM # 59389 BY CONSENSUS, City Council RESCHEDULED the following Appointments: PLANNING COMMISSION RESORT ADVISORY COMMISSION (RAC) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer November 10, 2009 I II - 59 - Item V-L.2. APPOINTMENTS ITEM # 59390 Upon NOMINA TION by Vice Mayor Jones, City Council APPOINTED: Chris Calcagno Unexpired thru 12/31/10 COMMUNITY SERVICES BOARD - CSB Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer November 10, 2009 , II - 60- Item V-L.3. APPOINTMENTS ITEM # 59391 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Robert Spadaccini, Ex Officio REVIEW and ALLOCATION (COG) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer November 10,2009 I II - 61 - Item V-L.4. APPOINTMENTS ITEM # 59392 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: James Banks 4-Year Term 1/1/10-12/31/13 VIRGINIA COMMUNITY DEVELOPMENT CORPORATION V oring: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer November 10, 2009 I II - 62- Item V. O. ADJOURNMENT ITEM # 59393 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 7:18 P.M. a~_JLi1L~.l~ Beverly 0. Hooks, CMC Chief Deputy City Clerk (2~~~ ~dges Fraser, MMC City Clerk William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia The Public Dialogue re Non-Agenda items adjourned at 7:33 P.M. November 10, 2009 - 63 - PUBLIC DIALOGUE Leslie Stukey, 2905 Sugar Maple Drive, Phone: 301-6885, retired Navy Veteran with a 100% disability. Mrs. Stukey advised she had appeared before City Council on several previous occasions. No action has been taken to-date. Her son, Kendall Lawson, plays Soccer for the Hampton Roads Piranhas and is on afull scholarship for High Point University. Her daughter is a Principal List student at Christopher Farms Elementary Schoo/. Ms. Stukey, mistaken for a robber, was pulled over in December of last year by two (2) Police Officers, which turned into approximately twenty (20) Police Officers all holding guns on her. She had only been leaving her Chiropractor's appointment. After she was found innocent, she was informed there was a bank robbery on Virginia Beach Boulevard and her truckfit the description of the vehicle. Richard L. Yount, 3407 Norfeld Court, Phone; 368-0505, represented Atlantic Coast Cab Company of Virginia Beach, which has been in operation for over 5-Y2 years. During this time, Norfolk Black and White Cab Company was forced from utilizing their Norfolk cabs in Virginia Beach, which assisted his business. Many of the drivers in Norfolk would share the Atlantic Coast Cab Company phone number for return trips. This lasted for approximately a year and then Black and White Cab Company decided to start their company in Virginia Beach. Mr. Yount was not in opposition to their company, it is the non- professional method by which they continue to operate their business in violation of business standards. Their computer systems will give a job to any taxi driver that accepts, even if it is a Norfolk, Hampton Newport News or even Williamsburg cab while in Virginia Beach. There needs to be some kind of separation between the cabs from other cities while in Virginia Beach. Lynne Johnston, 3712 South Plaza Trail, Phone: 718-8294, majority stockholder and owner of All-City Cab Company, Inc. Mrs. Johnston was the recent recipient of the Minority Business Council's Woman- Owned Business-of-the-Year Award Mrs. Johnson advised all are concerned that the Police Department is not enforcing City Codes designed to protect Virginia Beach cabs from other cab companies that are not licensed to operate in this City and are doing so with the knowledge of the Police. Mrs. Johnston represented five (5) other Virginia Beach Cab Companies: AA, AI's, AI, Atlantic Coast and Tank's. Darrell W. Johnston, 3712 South Plaza Trial, Phone: 428-8294, minority owner of All-City Cab Company, Inc. Three years ago, he and his wife started a business in Virginia Beach. They started with two (2) taxies that have grown to fifteen (15) despite having started in one of the worst economic times in the last sixty years. He and his wife are members of the Hampton Roads Chamber of Commerce and Virginia Beach Motel-Hotel Association. They have an office in Suffolk, but have always been a Virginia Beach company. All-City Cab Company believes there are several cab companies operating in Virginia Beach, simply by registering cabs at some one's house or Post Office Box. Thus, they are not operating a business location within the City of Virginia Beach. The City Manager shall have the Police Department and staff review the issues concerning the Cab Companies and report to City Council. Mr. Yount shall provide a copy of his statement. Mayor Sessoms will discuss an acceptable concept for all the cities to work regionally on these issues. November 10, 2009 - 62- Item V. O. ADJOURNMENT ITEM # 59393 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 7:18 P.M. c~3~__e~__t:.;! 4J Beverly 0. Hooks, CMC Chief Deputy City Clerk r- ~~ City Clerk jULL William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia The Public Dialogue re Non-Agenda items adjourned at 7:33 P.M. November 10, 2009