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HomeMy WebLinkAboutJULY 6, 2010 MINUTESCITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large V10E MAYOR L0('IS R. JONES, Bayside - District 4 RITA SWEE7BELLl7TO, Al -Large GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeST PH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne District 7 JOHN E. UHRIN, Beach District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER JAMES K. SPORE CITYA7TORNEY MARK D. STILES CITY ASSESSOR JERALD BANAGAN CITY AUDITOR LYNDON .. REMIAS CITY CLERK RUTH HODGES ERASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 6 July 2010 CITY HALL BUILDING 240/ COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFING: -Conference Room - 1. INDIAN RIVER and KEMPSVILLE ROADS INTERSECTION CONCEPTS Robert Gey, Traffic Engineer Phil Pullen, Transportation Management Engineer II. CITY COUNCIL LIAISON REPORTS IV. V. CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 3:30 PM 4:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Jim Pugh Pastor, Calvary Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA H. PUBLIC HEARINGS 1. SALE OF EXCESS PROPERTY 232, 236 and 240 Indian Avenue 2. LEASE OF CITY PROPERTY Red Farms Park 1900 Sandbridge Road I. CONSENT AGENDA J. ORDINANCES/RESOLUTION June 22, 2010 1. Ordinances re Tax on Probate of Wills and recordation of a list of heirs a. AMEND City Code §35-251 to allow fee of Twenty-five Dollars ($25) b. APPROPRIATE $3,500 revenue resulting from tax to the Clerk of the Circuit Court FY2010-11 Budget 2. Ordinance to AMEND City Code §35-35 to provide a set time period for appeals to the Board of Equalization on real estate assessments 3. Resolution to DIRECT the City Manager re the 2011 Healthcare Plan for City and School Employees 4. Ordinance DECLARING a portion of City property at the rear of 232, 236 and 240 Indian Avenue to be EXCESS and AUTHORIZING the City Manager to execute documents to convey same to Home Associates of Virginia Inc. dba HAV, Inc. and Richard Glenn Kinnear 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease with NEW CINGULAR PCS, LLC for a communications tower at 1900 Sandbridge Road (Red Mill Farm Park Site) (DISTRICT 7 — PRINCESS ANNE) (Deferred 6/22/10) 6. Ordinance to AUTHORIZE temporary encroachments into a portion of the City -owned right-of-way for Pembroke Meadows Civic League to construct and maintain a replacement Gazebo with landscaping at Independence and Pembroke Boulevards (DISTRICT 4 — BAYSIDE) K. PLANNING 1. Application of ERA ATKINSON REALTY, INC./JOHN T. ATKINSON for enlargement of a Nonconforming Use re a real estate office at 5307 Atlantic Avenue (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 2. Application of GENERAL BOOTH STORAGE, INC. for Modification of Conditions Nos. 1 and 2 (approved on October 9, 2001 and June 11, 2002) to relocate a storage facility business office at 1545 General Booth Boulevard (DISTRICT 6 — BEACH) RECOMMENDATION APPROVAL 3. Aplication of SCOTT LABIAK for a Conditional Use Permit re a skateboard ramp at 716 9th Street (DISTRICT 6 — BEACH) RECOMMENDATION APPROVAL 4. Application of BETHANY PENTECOSTAL HOLINESS CHURCH OF CHRIST/PHUONG VAN NGUYEN for a Conditional Use Permit re religious use at 3692 South Plaza Trail, No.5 (DISTRICT 3 — ROSE HALL) RECOMMENDATION APPROVAL 5. Application of REAL ESTATE TRUST FOR PARCELS B and E for a Conditional Use Permit re a community pier at 425 and 441 Discovery Road (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 6. Application of RAMON W. JR. and DEBORAH A. BREEDEN for a Conditional Use Permit re a residential kennel at 1433 North Bay Shore Drive (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 7. Application of KEMP ENTERPRISES, INC. for a Change of Zoning District Classification from Conditional A-24 Apartment District to Conditional A-24 Apartment District with a PD - H2 Overlay at Bonney and Kenley Roads (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION APPROVAL 8. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R -5D Residential Duplex District to Conditional I-1 Light Industrial District on behalf of Operation Smile for their headquarters at South Rosemont Road and Concert Drive (DISTRICT 3 — ROSE HALL) RECOMMENDATION APPROVAL 9. Ordinance to AMEND the Comprehensive Plan re ADOPTION of the Newtown Strategic Growth Area (SGA)Master Plan, April 2010 RECOMMENDATION APPROVAL L. NO ACTION ITEM: APPEAL of NIMMO UNITED METHODIST CHURCH re Certificate of Appropriateness re an electronic sign at 2200 Princess Anne Road (DISTRICT 7 — PRINCESS ANNE) Previously advertised; because of action taken by City Council on June 22, 2010, prohibiting all electronic display signs, item will not be heard or acted upon. M. APPOINTMENTS HUMAN RIGHTS COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT I Agenda 7/6/l0st www.vbgov.corn PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** * * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 6, 2010 Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING to present the INDIAN RIVER and KEMPSVILLE ROADS INTERSECTION CONCEPTS in the City Council Conference Room, Tuesday, June 22, 2010, at 1:30 P.M. Council Members Present: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., and James L. Wood Council Members Absent.• William R. "Bill" DeSteph Rita Sweet Bellitto John E. Uhrin Rosemary Wilson [Family Vacation] [On way back from Philadelphia Entered: Formal Session: 6:00 P.M] [Entered Formal Session: 6:00 P.M.] [Family Vacation] July 6, 2010 -2 - CITY MANAGER'S BRIEFING INDIAN RIVER AND KEMPSVILLE ROADS INTERSECTION CONCEPTS 3:30 P.M. ITEM # 60099 The City Manager introduced Phil Pullen, Transportation Management Engineer, to discuss a design concept for Indian River and Kempsville Roads intersection, which is the most congested intersection in the City. Competitively obtained funds are being utilized through SEMAC, which will fund a portion of the project. Robert Gey, Traffic Engineer, presented an overview of the project, and Ric Lowman, Senior Traffic Engineer, provided technical details. Mr. Gey advised this is an unconventional approach, but the only viable solution for resolving traffic congestion at this intersection for the foreseeable future. This road is critical, as it serves the Kempsville, Princess Anne and Centerville Districts, as well as bringing traf ac to and om 1-64. July 6, 2010 -3 - CITY MANAGER'S BRIEFING INDIAN RIVER AND KEMPSVILLE ROADS INTERSECTION CONCEPTS ITEM # 60099 (Continued) Remaining Capacity of Signalized Intersections Excess Capacity ssf evasB FFRAvsaverssslit w4riggyAggig5g Ag£i •li`i Needed Capacity Capacity Required for Level of Service "D" Vis "mo-"�°''''.0."4::/"I# t #0''m+�' ; er♦ � 2O 4 Indian River Road at Centerville Turnpike Indian River Road at Kempaville Road Signalized intersections have much lower capacity than the thru segments of streets. While capacity can be increased at intersections by adding additional lanes, you do not receive the same "bang for the buck" out of every additional lane that you add. If an additional turn lane is added at Indian River and Kempsville, you have dual lefts in each direction. You cannot add a triple left, as Kempsville Road does not have three receiving lanes. Kempsville Road would have to be widened. The cost of some traditional improvements was examined at signalized intersections. Adding one lane to Indian River Road and one lane to Kempsville Road involves a cost of approximately $37 -Million. July 6, 2010 { -4- CITY MANAGER'S BRIEFING INDIAN RIVER AND KEMPSVILLE ROADS INTERSECTION CONCEPTS ITEM # 60099 (Continued) Conventional Design Constraints ❑ Signalized Intersections have a limited capacity ❑ Intersection capacity is typically lower than approaching roadway segment capacity ❑ Need more lanes at intersection than roadway segments U Lanes at intersections cannot be added without adding lanes on adjacent roadway segments U Additional lanes have diminishing capacity returns Cost of Traditional Improvement Alternatives U Surface lanes • 1 additional Eastbound and Westbound Indian River Road through lane • 1 additional Northbound and Southbound Kempsville Road through lane Cost: ze, $37 -Million Cost of Traditional Improvement Alternatives ❑ Grade separation • Single Point Urban Interchange • Cost: = $60.5 -Million Ric Lowman, Senior Traffic Engineer, presented technical details: What is Unconventional Intersection Design? I. RE-ROUTE left turn movements • main purpose of arterials is serving thru vehicles • left turns made "away" from main intersection conflicts • minimize arterial stops/delay at risk of increasing travel time for left turn movements 2. REDUCE signal phases • unconventional design/operations reduce signal phases from 4 to 2 • two clearance (lost time) phases eliminated • shorten cycle length, service times, queuing, average delay • improved coordination band width • decreased reliance on technology 3. REMOVE and/or separate conflict points • 32 conflict points at full -movement intersection • unconventional designs reduce number of conflict points, separate those remaining • typically reduces accidents, particularly severe type July 6, 2010 -5- CITY MANAGER'S BRIEFING INDIAN RIVER AND KEMPSVILLE ROADS INTERSECTION CONCEPTS ITEM # 60099 (Continued) At -Grade (System) Unconventional Intersection Designs Superstreet Median ❑ Break in cross street thru movements; thru/left turn movements made via U-turns in median ❑ Independent signals on arterial; can achieve perfect progression in both directions ❑ Additional travel time for cross street thru movement Median U -Turn Crossover ❑ Left -turns via one-way crossovers in wide median ❑ Vehicles "turn right to go left" Used extensively in Michigan but few places elsewhere.... July 6, 2010 -6 - CITY MANAGER'S BRIEFING INDIAN RIVER AND KEMPSVILLE ROADS INTERSECTION CONCEPTS ITEM # 60099 (Continued) Quadrant Roadway ❑ Left turns all made using the quadrant roadway ❑ Increased travel times for all left turns Jughandle ❑ Used extensively by the New Jersey Department of Transportation (NJDOT) since 1950's ("jersey lefts", `jersey barrier") ❑ Lefts made via right ramp terminals; yield -control on cross street ❑ Full access management (median) between intersections Displaced Left Turn Intersection ❑ Left turns cross opposing thru upstream of main intersection ❑ Simultaneous protected thru and left turn movements ❑ Significant increase in left turn capacity Modern Roundabout ❑ Requires large right-of-way area ❑ Reduces conflict points ❑ Eliminates need for traffic signal ❑ Breaks down rapidly with heavy peak period traffic volumes July 6, 2010 -7- CITY MANAGER'S BRIEFING INDIAN RIVER AND KEMPSVILLE ROADS INTERSECTION CONCEPTS ITEM # 60099 (Continued) July 6, 2010 -8- CITY MANAGER'S BRIEFING INDIAN RIVER AND KEMPSVILLE ROADS INTERSECTION CONCEPTS ITEM # 60099 (Continued) July 6, 2010 -9- CITY MANAGER'S BRIEFING INDIAN RIVER AND KEMPSVILLE ROADS INTERSECTION CONCEPTS ITEM # 60099 (Continued) Mr. Lowman displayed the VISSIMModel. Comparison of Improvement Alternatives ❑ Surface lanes • 2 additional Eastbound Indian River Road through lanes • 1 additional Northbound and Southbound Kempsville Road through lane • Cost: $37 -Million U Grade separation • Single Point Urban Interchange • Cost: $60.5 -Million • Hybrid Alternative • Cost: $10 Million Benefits of the Hybrid Solution ❑ More Capacity per lane than traditional designs U Increased safety due to fewer conflict points (50%) ❑ Decreased cost from fewer lanes to build and maintain; • Saves right-of-way • Saves on Continual Maintenance ❑ Decreased emissions because of better traffic flow (25%-30%) U Longer service life as a result of higher capacity per lane July 6, 2010 III - 10 - CITY MANAGER'S BRIEFING INDIAN RIVER AND KEMPSVILLE ROADS INTERSECTION CONCEPTS ITEM # 60099 (Continued) Concerning functional issues, Vehicle Traffic Risks were outlined: July 6, 2010 -11 - CITY MANAGER'S BRIEFING INDIAN RIVER AND KEMPSVILLE ROADS INTERSECTION CONCEPTS ITEM # 60099 (Continued) Mr. Lowman advised there would be an intense public education and acceptance period and displayed a brochure from the City of Utah which provides a configuration for the new type of intersection at Kempsville and Indian River Roads. tic ducation an HOW TO NAVIGATE A CONTINUOUS FLOW INTERSECTION Ye Beach is building a new type of intersection at Kompsvillo Road ono unman River Rood. The Continuous Flow Intersection CFI) will Improve traffic Row while keeping the length and cost of consttuction Making a left turn at the new Continuous Flow Intersection at ww estua wa stm r.e ata is as easy as 1-2-3. t. Stitt by fining up m the len turn lane just like nCrm, intess.ctons only a tate tu:ther back. Z. When Indian Riser Prod turns green.d:v:e ac1o15 the cmcominq Pana into an aG new iule on the tat iMt Ude ei The road. tum srgnal hid theo. w you when yo0510 up ahead and maxeycur len tUrn, July 6, 2010 - 12 - CITY MANAGER'S BRIEFING INDIAN RIVER AND KEMPSVILLE ROADS INTERSECTION CONCEPTS ITEM # 60099 (Continued) Mr. Lowman advised after this City Council Briefing, the next step will be the TPO Brief and the Public Information Meeting to present this concept to the public. Councilman Dyer appreciates the effort as this has been a problematic intersection for a long time. Councilman Dyer believes the highest traffic count in the City is near the front of CBN where there are approximately 97,000 cars a day and the projection is an increase to 115,000 by 2015. The second worse intersection is right down below Kempsville at Centerville. July 6, 2010 -13 - CITY COUNCIL COMMENTS 4:10 P.M. ITEM # 60100 Councilman Dyer complimented the Mayor and Councilman Diezel on the Ribbon Cutting Ceremony at Stumpy Lake Golf Course, celebrating the new clubhouse today, July 6, 2010, at 11:00 A.M. ITEM # 60101 Mayor Sessoms expressed concerns re the "cross walks ". In Europe, when pedestrians cross the street, the automobiles stop immediately. At the Beach, the automobiles do not stop. The City Manager advised the pedestrian has the right-of-way when the speed limit is less than thirty (30) miles per hour on the road. Mayor Sessoms inquired re education of the public relative these "cross walks ". The City Manager advised, in Norfolk at Colley Avenue, there are `pedestrian has the right-of-way" signs affixed to the pavement. This notification could be utilized in the high traffic areas as Atlantic and Pacific Avenues. Mayor Sessoms believes the North End should be reviewed as well. ITEM # 60102 Concerning signs on public property, the City Manager advised regular crews are out every day picking up these signs. Karen Lasley, Zoning Administrator, advised thousands of these signs are removed every year. Mayor Sessoms inquired if the Sherry's Department could assist. Councilman Wood advised he discussed this situation with Karen Lasley earlier today. Civic Leagues will place a sign re meetings. Some of these signs are removed prior to the meeting date and others are not. Karen advised the City Code was amended to allow the Civic Leagues to utilize banners. The staff can make sure all organizations understand the regulations by increasing publicity. July 6, 2010 - 14 - AGENDA REVIEW SESSION 4:15 P.M. ITEM # 60103 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinances re Tax on Probate of Wills and recordation of a list of heirs a. AMEND City Code §35-251 to allow a fee of Twenty-five Dollars ($25) b. APPROPRIATE $3, 500 revenue resulting from tax to the Clerk of the Circuit Court's FY2010-11 Budget 2. Ordinance to AMEND City Code §35-35 to provide a set time period for appeals to the Board of Equalization on real estate assessments 3. Resolution to DIRECT the City Manager re the 2011 Healthcare Plan for City and School Employees 4. Ordinance DECLARING a portion of City property at the rear of 232, 236 and 240 Indian Avenue to be EXCESS and AUTHORIZING the City Manager to execute documents to convey same to Home Associates of Virginia Inc. dba HAV, Inc. and Richard Glenn Kinnear 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease with NEW CINGULAR PCS, LLC for a communications tower at 1900 Sandbridge Road (Red Mill Farm Park Site) (DISTRICT 7 — PRINCESS ANNE) (Deferred 6/22/10) 6. Ordinance to AUTHORIZE temporary encroachments into a portion of the City - owned right-of-way for Pembroke Meadows Civic League to construct and maintain a replacement Gazebo with landscaping at Independence and Pembroke Boulevards (DISTRICT 4 — BAYSIDE) (Item J.4. (DECLARING a portion of City property at the rear of 232, 236 and 240 Indian Avenue to be EXCESS and AUTHORIZING the City Manager to execute documents to convey same to Home Associates of Virginia Inc. dba HAV, Inc. and Richard Glenn Kinnear) requires nine (9) votes for adoption.) July 6, 2010 - 15 - AGENDA REVIEW SESSION ITEM # 60104 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K PLANNING 1. Application of ERA ATKINSON REALTY, INC./JOHN T. ATKINSON for enlargement of a Nonconforming Use re a real estate office at 5307 Atlantic Avenue (DISTRICT 5 - L YNNHA VEN) 2. Application of GENERAL BOOTH STORAGE, INC. for Modification of Conditions Nos. 1 and 2 (approved on October 9, 2001 and June 11, 2002) to relocate a storage facility business office at 1545 General Booth Boulevard (DISTRICT 6 — BEACH) 3. Application of SCOTT LABL4K for a Conditional Use Permit re a skateboard ramp at 716 96 Street (DISTRICT 6 — BEACH) 4. Application of BETHANY PENTECOSTAL HOLINESS CHURCH OF CHRIST/PHUONG VAN NGUYEN for a Conditional Use Permit re religious use at 3692 South Plaza Trail, No.5 (DISTRICT 3 — ROSE HALL) 5. Application of REAL ESTATE TRUST FOR PARCELS B and E for a Conditional Use Permit re a community pier at 425 and 441 Discovery Road (DISTRICT 5 - LYNNHA VEN) 6. Application ofRAMON W. JR. and DEBORAH A. BREEDENfor a Conditional Use Permit re a residential kennel at 1433 North Bay Shore Drive (DISTRICT 5 - L YNNHA VEN) 7. Application of KEMP ENTERPRISES, INC. for a Change of Zoning District Classification from Conditional A-24 Apartment District to Conditional A-24 Apartment District with a PD -H2 Overlay at Bonney and Kenley Roads (DISTRICT 2 — KEMPSVILLE) July 6, 2010 - 16 - AGENDA REVIEW SESSION ITEM # 60104 (Continued) 8. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R -5D Residential Duplex District to Conditional I-1 Light Industrial District on behalf of Operation Smile for their headquarters at South Rosemont Road and Concert Drive (DISTRICT 3 — ROSE HALL) 9. Ordinance to AMEND the Comprehensive Plan re ADOPTION of the Newtown Strategic Growth Area (SGA)Master Plan, April 2010 Item 6 (RAMON W. JR. and DEBORAH A. BREEDENfor a Conditional Use Permit re a residential kennel) shall be APPROVED, BY CONSENT, with Condition No.1 AMENDED — "No more than six seven adult dogs (over six months of age) shall be kept on the property at any time." Item 8 (CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R -5D Residential Duplex District to Conditional 1-1 Light Industrial District on behalf of Operation Smile) shall be APPROVED, BY CONSENT, with revisions to the TCC and Operation Smile shared service entrance off Rosemont Road and to the Operation Smile Service Area. July 6, 2010 - 17 - ITEM # 60105 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 MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees 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: Beach District LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711 (A) (7). Laskin Road Utility Relocation July 6, 2010 - 18 - ITEM # 60105 (Continued) Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4:21 P.M. Voting.: 7-0 Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto, William R. "Bill" DeSteph, John E. Uhrin and Rosemary Wilson (Closed Session: 4:28 P.M. - 4:50 P.M.) (Break: 4:22 P.M. - 4:27P.M.). July 6, 2010 - 19 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 6, 2010 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, July 6, 2010, at 6:00 P.M Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, and James L. Wood. Council Members Absent: William R. "Bill" DeSteph Rosemary Wilson INVOCATION: Reverend Jim Pugh Pastor, Calvary Baptist Church [On Family Vacation] [On Family Vacation] 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. July 6, 2010 -20 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. July 6, 2010 Item V --E.1 CERTIFICATION -21- ITEM # 60106 Upon motion by Councilman Wood, seconded by Councilman Dyer, 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: 7-0 Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Rita Sweet Bellitto and John E. Uhrin Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson Council Members Bellitto and Uhrin ABSTAINED, as they were not in attendance during the Closed Session. July 6, 2010 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 #60105, Page 17, 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 RESOLVED: 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. th Hodges ity Clerk raser, MMC July 6, 2010 Item V -F.1 - 22 - ITEM # 60107 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 22, 2010. Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson July 6, 2010 I - 23 - Item V -G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 60108 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION July 6, 2010 - 24 - Item V -H.1. PUBLIC HEARING ITEM # 60109 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS PROPERTY 232, 236 and 240 Indian Avenue There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING July 6, 2010 - 25 - Item V -H.2. PUBLIC HEARING ITEM # 60110 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTY Red Farms Park 1900 Sandbridge Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING July 6, 2010 Item V -J. - 26 - ITEM # 60111 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1. a. b., 2, 3, 4 (DEFER), 5 and 6 of the CONSENT AGENDA. Item J.4. shall be DEFERRED until the City Council Session of July 13, 2010. Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson Councilman Uhrin ABSTAINED Pursuant to Section 2.2-3115(E), Code of Virginia regarding City Council 's discussion and voted on an Ordinance declaring a portion of City property at the rear of 232, 236 and 240 Indian Avenue to be excess and authorizing the City Manager to execute documents to convey the same to Home Associates of Virginia Inc. d/b/a/ HAV, Inc. and Richard Glenn Kinnear (Item J.4.) Councilman Uhrin has a contract to purchase the property located at 232 Indian Avenue. Because this property is one of the three parcels that are subject of this ordinance, Councilman Uhrin has a personal interest in the transaction, Councilman Uhrin wishes to disclose this interest and ABSTAIN from voting on this matter. He would also like to note for the record he ABSTAINED from participating in City Council's previous Closed Session discussion of this issue, which occurred on June 22, 2010. Councilman Uhrin 's correspondence of July 6, 2010, is hereby made a part of the record. July 6, 2010 Item V -J.1 a/b -27- ITEM # 60112 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances re Tax on Probate of Wills and recordation of a list of heirs a. AMEND City Code §35-251 to allow a fee of Twenty-five Dollars ($25) b. APPROPRIATE $3, 500 revenue resulting from tax to the Clerk of the Circuit Court's FY2010-11 Budget Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson July 6, 2010 1 AN ORDINANCE TO AMEND SECTION 35- 2 251 OF THE CITY CODE PERTAINING TO 3 TAX ON PROBATE OF WILLS OR GRANT OF 4 ADMINISTRATION 5 6 SECTION AMENDED: § 35-251 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 35-251 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 ARTICLE XI. TAX ON PROBATE OF WILLS OR GRANT OF ADMINISTRATION 15 16 Sec. 35-251. Imposed. 17 18 (a) Pursuant to section 58 67.1 58.1-3805 of the Code of Virginia there is hereby 19 imposed, on the probate of every will or grant of administration not exempt by law, a city 20 tax in the amount of one-third of the state tax on such probate of a will or grant of 21 administration, as set forth in section 58-66 58.1-1712 of the Code of Virginia. 22 23 (b) Pursuant to sections 58.1-1718 and -3805 of the Code of Virginia a $25 fee 24 shall be charged on the recordation of a list of heirs pursuant to section 64.1-134 of the 25 Code of Virginia or an affidavit pursuant to section 64.1-135 of the Code of Virginia 26 unless a will has been probated for the decedent or there has been a grant of 27 administration on the decedent's estate. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 6th day of July , 2010. APPROVED AS TO CONTENT: Clerk of Circuit Court CA11553 R-1 June 15, 2010 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 1 AN ORDINANCE TO APPROPRIATE FUNDS 2 TO THE FY 2010-11 OPERATING BUDGET 3 OF THE CLERK OF THE CIRCUIT COURT 4 5 Whereas, as a result of enabling legislation from the General Assembly, City 6 Council has amended Section 35-251 of the City Code allowing a $25 fee on the 7 recordation of a list of heirs, which is expected to generate approximately $3,500 in 8 revenue. 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That $3,500 generated from a $25 fee on recordation of a list of heirs is hereby 14 appropriated, with estimated revenues increased accordingly, to the FY 2010-11 15 Operating Budget of the Clerk of the Circuit Court's FY 2010-11 Operating Budget. 16 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 6th day of July , 2010. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services CA11559 R-1 June 23, 2010 APPROVED AS TO LEGAL SUFFICIENCY: . City Attorney's Office 4, Item V -J.2. - 28 - ITEM # 60113 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AMEND City Code §35-35 to provide a set time period for appeals to the Board of Equalization on real estate assessments Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson July 6, 2010 1 AN ORDINANCE TO AMEND SECTION 35-35 2 OF THE CITY CODE PERTAINING TO 3 EQUALIZATION OF ASSESSMENTS 4 5 SECTION AMENDED: § 35-35 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 35-35 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 35-35. Equalization of assessments. 14 15 (a) In order to equalize assessments of real estate annually, the city real 16 estate assessor shall hold hearings between March fifteenth and April thirtieth of each 17 year, or as often as may be necessary as determined by the city real estate assessor, 18 for the purpose of receiving such evidence as may be presented to him by any taxpayer 19 with respect to the inequality of his assessment made during the twelve-month period 20 ending January thirty-first last ensuing. Any taxpayer feeling aggrieved by any such 21 assessment of his property may apply to the city real estate assessor for the 22 equalization thereof on forms provided by the city real estate assessor for that purpose. 23 24 (b) At least fifteen (15) days before the hearings provided for in this section, 25 notice thereof shall be given by publication one time in one of the newspapers having 26 general circulation in the city. Notwithstanding such notice, such hearings may be 27 granted by the city real estate assessor upon appointments. 28 29 (c) After hearing the evidence referred to in subsection (a) above, the city real 30 estate assessor may take such action as he may deem necessary to equalize 31 assessments and shall record the action taken in the land book. Each taxpayer having 32 made application for such hearing and any other taxpayer affected by the action of the 33 city real estate assessor shall be advised of the decision of the city real estate assessor 34 with respect to such assessment. 35 36 (d) The city real estate assessor may authorize persons employed in his 37 office who are competent so to do to hold any hearing referred to in this section, 38 provided the evidence presented or a summary thereof is transmitted to the city real 39 estate assessor for action with respect thereto. 40 41 (e) The board of equalization shall have the powers to revise, correct and 42 amend any assessment of real estate, other than real estate assessable by the state 43 corporation commission. The board shall begin hearing assessment appeals the first 44 Thursday in July of each year. An application for appeal to the board must be received 45 by November 30 of the year in which the assessment was made. The city real estate 46 assessor shall include this deadline in the notice of assessment. 47 The effective date of this ordinance shall be January 1, 2011. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 6th day of July , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4111P1/t(ALlAk % Estate Assessor CA11560 R-1 June 25, 2010 City Attorney's Office Item V -J.3. - 29 - ITEM # 60114 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to DIRECT the City Manager re the 2011 Healthcare Plan for City and School Employees Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson July 6, 2010 1 A RESOLUTION OFFERING DIRECTION TO THE 2 CITY MANAGER REGARDING THE CITY'S HEALTH 3 CARE OFFERINGS FOR PLAN YEAR 2011 4 5 WHEREAS, the next Health Care Plan year takes effect January 1, 2011. 6 7 WHEREAS, the Benefits Executive Committee (BEC) has recommended no 8 changes to the health care plan offerings and to the rates for plan year 2011. 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA THAT 12 13 The City Manager is hereby directed to work with the Consolidated Benefits 14 Office to implement the following with respect to the health care offerings for City 15 employees: 16 17 a) Maintain the 2010 premium rate structure, the current plan design, and employer 18 contribution rate of $5,400 per employee/retiree; and 19 20 b) Use the balance of the Health Care Fund to absorb any cost increases not 21 covered by the 2011 employee rates and employer contribution amount. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of July , 2010. APPROVED AS TO CONTENT: Management Services CA -11557 R-1 June 23, 2010 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Item V -J.4. - 30 - ITEM # 60115 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED, BY CONSENT, until the City Council Session of July 13, 2010: Ordinance DECLARING a portion of City property at the rear of 232, 236 and 240 Indian Avenue to be EXCESS and AUTHORIZING the City Manager to execute documents to convey same to Home Associates of Virginia Inc. dba HAV, Inc. and Richard Glenn Kinnear Voting: 8-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Abstaining: John E. Uhrin Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson Councilman Uhrin ABSTAINED Pursuant to Section 2.2-3115(E), Code of Virginia regarding City Council 's discussion and voted on an Ordinance declaring a portion of City property at the rear of 232, 236 and 240 Indian Avenue to be excess and authorizing the City Manager to execute documents to convey the same to Home Associates of Virginia Inc. d/b/a/ HAV, Inc. and Richard Glenn Kinnear (Item J.4.) Councilman Uhrin has a contract to purchase the property located at 232 Indian Avenue. Because this property is one of the three parcels that are subject of this ordinance, Councilman Uhrin has a personal interest in the transaction. Councilman Uhrin wishes to disclose this interest and ABSTAIN from voting on this matter. He would also like to note for the record he ABSTAINED from participating in City Council's previous Closed Session discussion of this issue, which occurred on June 22, 2010. Councilman Uhrin 's correspondence of July 6, 2010, is hereby made a part of the record. July 6, 2010 JOHN E. UHRIN COUNCILMAN - DISTRICT 6 - BEACH In Reply Refer to 0041949 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 City of Virgiriia Beach July 6, 2010 VBgov.com PHONE: (757) 491-9388 JUHRIN©VBGOV.COM Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance declaring a portion of City property at the rear of 232, 236 and 240 Indian River Avenue to be excess and authorizing the City Manager to execute documents to convey the same to Home Associates of Virginia Inc. d/b/a HAV, Inc. and Richard Glenn Kinnear. 2. I have a contract to purchase the property located at 232 Indian Avenue. Because this property is one of the three parcels that are the subject of this ordinance, I have a personal interest in the transaction. 3. I wish to disclose this interest and abstain from voting on this matter. 4. I also would like to note for the record that I abstained from participating in City Council's previous closed session discussion of this issue, which occurred on June 22, 2010. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 515 DELAWARE AVENUE, VIRGINIA BEACH, VIRGINIA 23451 II 1 Mrs. Ruth Hodges Fraser -2- July 6, 2010 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Thank you for your assistance and cooperation in this matter. Sincerely, f J;,." E. Uhrin ouncilmember JEU/RRI cc: City Attorney Mark D. Stiles Deputy City Attorney William M. Macali Item V -J.5. -31 - ITEM # 60116 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to EXECUTE a lease with NEW CINGULAR PCS, LLC for a communications tower at 1900 Sandbridge Road (Red Mill Farm Park Site) (DISTRICT 7 — PRINCESS ANNE) ) Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson July 6, 2010 1 AN ORDINANCE TO AWARD A LEASE OF A PORTION OF 2 THE CITY PROPERTY LOCATED AT 1900 SANDBRIDGE 3 ROAD (RED MILL FARMS PARK), FOR THE PURPOSE OF 4 CONSTRUCTING, MAINTAINING AND OPERATING 5 WIRELESS TELECOMMUNICATIONS FACILITIES 6 7 WHEREAS, the Clerk has laid before the City Council an ordinance adopted May 8 11, 2010 providing for bids for a lease of a portion of the City property located at 1900 9 Sandbridge Road for the purpose of constructing, maintaining and operating wireless 10 telecommunications facilities, together with a certificate of due publication of the same 11 once per week for two successive weeks in a newspaper of general circulation in the City, 12 in the manner prescribed by law; and 13 14 WHEREAS, New Cingular Wireless PCS, LLC has submitted the highest bid for the 15 award of such lease, which bid was delivered to the Mayor in open session on the day and 16 hour named in the advertisement and was read aloud; and 17 18 WHEREAS, the Mayor then and there inquired for any further bids, and none were 19 submitted; and 20 21 WHEREAS, in the opinion of the City Council, it is expedient and in the best 22 interests of the City that the said lease should be granted to New Cingular Wireless PCS, 23 LLC ; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. That the bid of New Cingular Wireless PCS, LLC be, and hereby is, accepted, 29 and that the aforesaid lease be, and hereby is, awarded to New Cingular Wireless PCS, 30 LLC upon the conditions set forth in such lease. 31 32 2. That the name of New Cingular Wireless PCS, LLC shall be inserted in the 33 aforesaid lease, and that the City Manager shall execute, on behalf of the City, the 34 aforesaid lease entitled "Communication Tower Lease Agreement (Red Mill Farm Park 35 Site), City of Virginia Beach, Lessor and New Cingular Wireless PCS, LLC," a summary of 36 the material terms of which is hereto attached and a copy of which is on file in the Office of 37 the City Attorney. 38 39 3. That all future rents received pursuant to the aforesaid lease shall be 40 dedicated to a Parks and Recreation account for park general maintenance and repair. 41 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of 44 July , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ion Department City ttorney's Office APPROVED AS TO CONTENT: Management Services Department CA -11535 R-1 June 8, 2010 2 Red Mil Farm Park Communications Tower Lease Summary of Material Terms Parties: City of Virginia Beach and New Cingular Wireless, PCS, LLC Leased Area: 1,600sq.' +/- portion of Red Mill Farm Park, 1900 Sandbridge Road (Princess Anne District), plus access to site. Tower: 144' high "slick stick"; tower replaces Tight pole on site; Lessee replaces ball field lights on tower and allows use for future Wi-Fi if needed by City Term: Initial 10 -year term; lessee has right to renew for three 5 -year terms Rent: Base rent of $13,200/yr; additional rent of $5,400/yr (base rent and additional rent subject to annual 3% increases) Contingency: Lease is contingent on granting of conditional use permit and other governmental approvals; Other: Conditions of conditional use permit are incorporated by reference into the lease; lessee also must comply with applicable provisions of City Zoning Ordinance, other ordinances and state or federal laws. Item V -J.6. - 32 - ITEM # 60117 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE temporary encroachments into a portion of the City -owned right-of-way for Pembroke Meadows Civic League to construct and maintain a replacement Gazebo with landscaping at Independence and Pembroke Boulevards (DISTRICT 4 — BAYSIDE) The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval. 2. Providing however, nothing herein shall prohibit the City from immediately removing. or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and, that the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnf, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 7. It is further expressly understood and agreed that the Grantee must submit and have approved a Traffic Control Plan before commencing work in the Encroachment Area. 8. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). July 6, 2010 Item - 33 - ITEM # 60117 (Continued) 9. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 10. It is further expressly understood and agreed that the Grantee must obtain and keep in force all- risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500, 000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 11. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 12. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a Registered Professional Engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 13. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. July 6, 2010 - 34 - Item V -J.6. ITEM # 60117 (Continued) Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson July 6, 2010 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF AN EXISTING 6 CITY RIGHT-OF-WAY KNOWN AS 7 PEMBROKE BOULEVARD LOCATED 8 WITHIN THE MEDIAN AT THE 9 INTERSECTION OF INDEPENDENCE 10 BOULEVARD BY THE CIVIC LEAGUE 11 OF PEMBROKE MEADOWS, INC. 12 13 WHEREAS, the Civic League of Pembroke Meadows, Inc. desires to construct 14 and maintain a gazebo and landscaping within a portion of the existing City right-of-way 15 known as Pembroke Boulevard located within the median at the intersection of 16 Independence Boulevard, in the City of Virginia Beach, Virginia; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Civic League of 26 Pembroke Meadows, Inc. its assigns and successors in title are authorized to construct 27 and maintain temporary encroachments for a gazebo and landscaping within a portion 28 of the existing City right-of-way as shown on the map marked Exhibit "A" and entitled: 29 "EXHIBIT "A" ENCROACHMENT REQUEST FOR THE CIVIC LEAGUE OF 30 PEMBROKE MEADOWS, INC. Located in the city's right-of-way known as Pembroke 31 Blvd. within the median at the intersection of Independence Blvd. Dated: JUNE 14, 2010 32 Prepared By: Clifton G. Furedy 809 Saint James Dr. Virginia Beach, VA 23455 (757) 33 490-5792 SCALE: 1" = 25' 0"," a copy of which is on file in the Department of Public 34 Works. Said exhibit drawing is attached. Additionally, Exhibit B is attached to show the 35 proposed gazebo and landscaping; and 36 37 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 38 subject to those terms, conditions and criteria contained in the Agreement between the 39 City of Virginia Beach and the Civic League of Pembroke Meadows, Inc. (the 40 "Agreement"), which is attached hereto and incorporated by reference; and 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 43 is hereby authorized to execute the Agreement; and 44 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 46 time as the Civic League of Pembroke Meadows, Inc. and the City Manager or his 47 authorized designee executes the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day 50 of July , 2010. CA -11387 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA11387 Civic League of Pembroke Meadows, Inc. Ordiance.doc V:\Applications\CitylawProd\cycom32\W pdocs\D023\P007\00049041. DOC R-1 PREPARED: 5/25/10 APPROVED AS TO CONTENTS cw3.6avle)5110 PUBLIC WORKS, REAL ESTAV APPROVED AS TO LEGAL SUFFICIENCY AND FORM 15AHARMEYER, ASSISTANT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 24th day of May, 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THE CIVIC LEAGUE OF PEMBROKE MEADOWS, INC., ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, it is proposed by the Grantee to construct and maintain a gazebo and landscaping, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Pembroke Boulevard located within the median at the intersection of Independence Boulevard the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. GPIN: Pembroke Boulevard and Independence Boulevard (CITY RIGHT OF WAY — NO GPIN REQUIRED OR ASSIGNED) It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "EXHIBIT "A" ENCROACHMENT REQUEST FOR THE CIVIC LEAGUE OF PEMBROKE MEADOWS, INC. Located in the city's right-of-way known as Pembroke Blvd. within the median at the intersection of Independence Blvd. Dated: JUNE 14, 2010 Prepared By: Clifton G. Furedy 809 Saint James Dr. Virginia Beach, VA 23455 (757) 490-5792 SCALE: 1" = 25' 0"," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Exhibit B is hereby incorporated by reference and attached. Exhibit B shows the height and width of the proposed landscaping. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, 2 in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, 3 combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 4 11 1 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, The Civic League of Pembroke Meadows, Inc., the said Grantee has caused this Agreement to be executed in its corporate name and on its behalf by Michael Moore, President and a member of said corporation with due authority to bind said corporation. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 I CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2010, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2010, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 The Civic League of Pembroke Meadows, Inc. el Moore, P siderit STATE OF vIRGINI4 CITY/COUNTY OF NIORio) k , to -wit: The foregoing instrument was acknowledged before me this 24T4 day of , 2010, by Michael Moore, President of The Civic League of Pembroke Meadows, Inc. Notary Public Notary Registration Number: Z) 261 14 My Commission Expires: 3) MAI?L}A 201 (SEAL) T `. 4, sil:lMoN{y�• �,c; off. 'V REG '�Or NQ. Z• 212914 MY comm exp tz i 112011 ii'j'0,...%i 21,911-• G , f4�_ ""v Pt}g,''+ s (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLA 111111 ' 7 APPROVED AS TO CONTENTS A(1), cb7,\ Yci SIGNATURE -;((3.-51D DEPARTMENT 8 APPROVED AS TO LEGAL SUFFICIENCY AND FORM ASSISTANT CITY ATTORNEY Q 1- U Z Z u_ cri O� W LU 0 *1 W M CI Lu Q W G Co W O J W VreLI-VY Z >O — vm W a a� >, c is :.c ° c 2 •�m U O L U 1 m L E U C 73 c FD Ulo co -0J c E c O 0 N N E u_ Om0'cv ▪ o) • Q- co as 2 O d O O UO O coo uo co v 0 J CO W 0 z W 0 z W 0 W 0 Z / 0 t` 7 „b- ‘20 0 W H 0 m m En O0 2 X • wD wOu0 W O Z m 0W00 • Z Q0 O O 0_ F- Z00 O -I�N amLL0 0 0 .. 0 O ` N f60 N 0 F- cr.`..) U J z 0 W u_ 0 d O a w w O >11VMS SO80 0 wm U w gQ w 0 W0 IXZ OX zw OOL - e69 4/118 33N3cN3d3ONl LU CO 0) c 4) 0 0) 0. r L • e=:T:, wwnswairmrprzmvinwimm an, N3ON3d3ONl e meadows\pembroke meadows.mxd 'repared by P.W./Eng./Eng. Support Services Bureau 01/27/2010 - 35 - Item K. PLANNING ITEM # 60118 1. ERA ATKINSON REALTY, INC. / NONCONFORMING USE JOHN T. ATKINSON 2. GENERAL BOOTH STORAGE, INC. MODIFICATION OF CONDITIONS (1 and 2) (approved on October 9, 2001 and June 11, 2002) 3. SCOTT LABIAK CONDITIONAL USE PERMIT 4. BETHANY PENTECOASTAL HOLINESS CHURCH CONDITIONAL USE PERMIT OF CHRIST/PHUONG VAN NGUYEN 5. REAL ESTATE TRUST FOR PARCELS B and E CONDITIONAL USE PERMIT 6. RAMON W., JR. and DEBORAH A. BREEDEN CONDITIONAL USE PERMIT 7. KEMP ENTERPRISES, INC. CONDITIONAL CHANGE OF ZONING 8. CITY OF VIRGINIA BEACH CONDITIONAL CHANGE OF ZONING (On behalf of Operation Smile) 9. COMPREHENSIVE PLAN AMEND re ADOPTION of the NEWTOWN STRATEGIC GROWTH AREA (SGA) MASTER PLAN, April 2010 July 6, 2010 - 36 - Item K1. PLANNING ITEM # 60119 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items 1, 2, 3, 4, 5, 6 (AMENDED CONDITION), 7, 8 (Revisions to Site Plan) and 9 of the PLANNING BY CONSENT AGENDA: Item 6 (RAMON W. JR. and DEBORAH A. BREEDENfor a Conditional Use Permit re a residential kennel) shall be APPROVED, BY CONSENT, with Condition No.1 AMENDED — "No more than six seven adult dogs (over six months of age) shall be kept on the property at any time." Item 8 (CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R -5D Residential Duplex District to Conditional I--1 Light Industrial District on behalf of Operation Smile) shall be APPROVED, BY CONSENT, with revisions to the TCC and Operation Smile shared service entrance off Rosemont Road and to the Operation Smile Service Area. Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent.• William R. "Bill" DeSteph and Rosemary Wilson July 6, 2010 - 37 - Item K1. PLANNING ITEM # 60120 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of ERA ATKINSON REALTY, INC./JOHN T. ATKINSON for enlargement of a Nonconforming Use re a real estate office at 5307 Atlantic Avenue Ordinance upon application of ERA ATKINSON REALTY, INC./JOHN T. ATKINSON for enlargement of a Nonconforming Use re a real estate office at 5307 Atlantic Avenue; GPIN #24188938690000 DISTRICT 5 - LYNNHAVEN The following conditions shall be required: 1. The site shall be developed in substantial conformance to the submitted plan entitled "Site Plan, dated June 6, 2010 ". Mechanical equipment for heating and cooling facilities shall not be placed on the eastern side of the site. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The parking spaces and walkways shall be developed with a pervious paving material, such as pervious pavers or some other material deemed acceptable by the City of Virginia Beach Planning Department's Development Services Center. Landscaping and or fencing along the rights -of- ways shall not exceed thirty (30) -inches in height. Landscaping shall continue the entire length of the property line along 54'h Street. 3. The proposed additions and remodeling of the building shall be in substantial conformance to the submitted plans entitled "West Elevation, North and South Elevation, and the color rendering." Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. Building materials shall include a standing seam metal roof cedar shake or hardi-plank siding and a brick water table. Window awnings shall be provided over the windows facing the North, West, and South property lines. Proposed building materials shall be earth tone in color. 4. The applicant shall submit a letter during the site and building plan review from a Professional Engineer stating that the existing structure can support the first and second floor additions. 5. Lighting of the site shall be limited to fixtures directed inward to the site and shall not shine into adjacent homes. Free-standing light poles shall not exceed fourteen (14) feet in height. Low level security lighting shall be utilized from sun down to sun up. 6. There shall be no pennants, banners, streamers, strings of lights, portable signs, electronic display signs or 'flag" style signs on the site, as well as no Neon on the building, in or on the windows and in or on the doors. The site shall be limited to one free-standing sign, no more than eight (8) feet in height with a sign face not exceeding thirty-two (32) square feet in size. The sign shall not be internally lit. July 6, 2010 - 38 - Item K.1. PLANNING ITEM # 60120 (Continued) Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson July 6, 2010 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 USE ON PROPERTY LOCATED AT 5307 4 ATLANTIC AVENUE 5 6 WHEREAS, ERA Atkinson Realty, Inc., (hereinafter the "Applicant") has made 7 application to the City Council for authorization to enlarge a nonconforming use having 8 the address of 5307 Atlantic Avenue, in the R -5R Resort Residential District, by 9 enlarging the office use and structure on the parcel; and 10 11 WHEREAS, the office use is nonconforming as it not a use allowed in the R -5R 12 Zoning District; and 13 14 WHEREAS, the office use was commenced prior to the adoption of the 15 applicable regulations; and 16 17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 18 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 19 City Council authorizing such action upon a finding that the proposed use, as enlarged, 20 will be equally appropriate or more appropriate to the zoning district than is the existing 21 use; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed use, as enlarged, will be 27 equally appropriate to the district as is the existing use under the conditions of approval 28 set forth hereinbelow. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 That the enlargement of the nonconforming use is hereby authorized, upon the 34 following conditions: 35 36 1. The site shall be developed in substantial conformance to the submitted plan 37 entitled "Site Plan, dated June 6, 2010". Mechanical equipment for heating and 38 cooling facilities shall not be placed on the eastern side of the site. Said plan has 39 been exhibited to the Virginia Beach City Council and is on file in the Planning 40 Department. 41 42 2. The parking spaces and walkways shall be developed with a pervious paving 43 material, such as pervious pavers or some other material deemed acceptable by 44 the City of Virginia Beach Planning Department's Development Services Center. 45 Landscaping and or fencing along the rights -of- ways shall not exceed 30 -inches 46 in height. Landscaping shall continue the entire length of the property line along 47 54th Street. 48 49 3. The proposed additions and remodel of the building shall be in substantial 50 conformance to the submitted plans entitled "West Elevation, North and South 51 Elevation, and the color rendering." Said plans have been exhibited to the 52 Virginia Beach City Council and are on file in the Planning Department. Building 53 materials shall include a standing seam metal roof, cedar shake or hardi-plank 54 siding, and a brick water table. Window awnings shall be provided over the 55 windows facing the north, west, and south property lines. Proposed building 56 materials shall be earth tone in color. 57 58 4. The applicant shall submit a letter during the site and building plan review from a 59 professional engineer stating that the existing structure can support the first and 60 second floor additions. 61 62 5. Lighting of the site shall be limited to light fixtures directed inward to the site and 63 shall not shine into adjacent homes. Free-standing light poles shall not exceed 64 14 -feet in height. Low level security lighting shall be utilized from sundown to 65 sunup. 66 67 6. There shall be no pennants, banners, streamers, strings of lights, portable signs, 68 electronic display signs, or "flag" style signs on the site, as well as no neon on 69 the building, in or on the windows, and in or on the doors. The site shall be 70 limited to one free-standing sign, no more than eight -feet in height, and with a 71 sign face not exceeding 32 square feet in size. The sign shall not be internally lit. 72 73 Adopted by the Council of the City of Virginia Beach, Virginia, on the Fth day 74 of July , 2010. APPR9VED AS TO CONTENT: Planning 1=,partment CA11556 R-1 June 24, 2010 APPROVED AS TO LEGAL SUFFICIENCY: it City Attorney's Office - 39 - Item K.2. PLANNING ITEM # 60121 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of GENERAL BOOTH STORAGE, INC., re Modification of Conditions, approved by City Council on October 9, 2001, and June 11, 2002, at 1545 General Booth Boulevard BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of GENERAL BOOTH STORAGE, INC., re Modification of Conditions, approved by City Council on October 9, 2001 and June 11, 2002, at 1545 General Booth Boulevard; GPIN# 24154671430000. DISTRICT 6 - BEACH The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit granted by the City Council on October 9, 2001, and Modified February 8, 2005, shall remain in effect. 2. The proposed additions to the site shall substantially conform to the submitted plan entitled "Change of Conditions Exhibit "A", dated 3/26/10, and prepared by Martin Engineering Civil Solutions, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 3. The building additions shall substantially conform to the submitted elevation plans entitled "General Booth Mini Price Storage, Exhibits "B" and "C", dated 3/30/10, which have been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 4. The applicant shall install a decorative wrought iron style gate between the two storage buildings facing General Booth Boulevard. Extra landscaping shall be installed along General Booth Boulevard to include evergreen shrubs, a minimum of thirty-six (36) - inches in height, and small canopy trees, such as Crape Myrtle, a minimum of six (6) feet to eight (8) feet in height. Foundation landscaping is required in front of the new additions facing General Booth Boulevard. 5. There shall be no pennants, banners, streamers, strings of lights, portable signs, electronic display signs or `flag" style signs on the site. 6. An ingress/egress easement shall be obtained from the parcel directly North and recorded in the Clerk of the Circuit Court office. This Ordinance shall be effective in accordance with Section 107 (I) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth of July, Two Thousand Ten July 6, 2010 I - 40 - Item K.2. PLANNING ITEM # 60121 (Continued) Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson July 6, 2010 -41 - Item K.3. PLANNING ITEM # 60122 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of SCOTT LABIAK for a Conditional Use Permit re a skateboard ramp at 716 91" Street (DISTRICT 6 — BEACH) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of SCOTT LABIAK for a Conditional Use Permit re a skateboard ramp at 716 91" Street; GPIN: #24179377900000 DISTRICT 6 — BEACH RO61035426 The following conditions shall be required: 1. The skateboard ramp shall be relocated to meet required setback for accessory structures as set forth in the City of Virginia's Zoning Ordinance and retrofitted in compliance with the cross section detail entitled, "Labiak Ramp dated 02/22/2010. " No increase in height, length or width is permitted. Landscape screening, approved by the Planning Department, shall be installed across the front fence line to conceal the main body of the structure. 2. Use of the ramp shall be limited to the hours between 9:00 AM and dusk. 3. To reduce the level of sound emanating from the ramp when in use, the following shall be utilized in retrofitting the construction of the ramp: (a) the underside of the plywood beneath the skating surface shall be insulated; (b) the sides of the ramp shall be enclosed with wood; and, (c) roofing paper shall be installed between the plywood and the skating surface of the ramp. 4. A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot be used. 5. At least one adult shall be outside the house and present when the ramp is in use. 6. This Conditional Use Permit shall be permitted for two (2) years from the time of approval by City Council at which time this permit shall be invalid. The Zoning Administrator shall evaluate, at the end of the first year, whether the rules have been enforced and the conditions above have been adhered to. If the evaluation reveals that the rules and conditions are being met, the use permit shall be renewed for the second year. If the evaluation reveals that the rules and conditions are not being met, the Zoning Administrator shall refer the use permit to the City Council for revocation. This Ordinance shall be effective in accordance with Section 107 (1 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth of July, Two Thousand Ten July 6, 2010 - 42 - Item K.3. PLANNING ITEM # 60122 (Continued) Voting. 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson July 6, 2010 - 43 - Item K.4. PLANNING ITEM # 60123 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of BETHANY PENTECOSTAL HOLINESS CHURCH OF CHRIST/PHUONG VAN NGUYEN for a Conditional Use Permit re a religious use at 3692 South Plaza Trail, Suite 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BETHANY PENTECOSTAL HOLINESS CHURCH OF CHRIST/PHUONG VAN NGUYEN for a Conditional Use Permit re religious use at 3692 South Plaza Trail, Suite 5; GPIN #14875036930000 DISTRICT 3 — ROSE HALL RO61035427 The following conditions shall be required: 1. The number of individuals attending any service shall not exceed the occupancy number established by the City's Fire Marshall. 2. The applicant shall obtain all the necessary permits and inspections from the Planning Department Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 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 Sixth of July, Two Thousand Ten Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson July 6, 2010 - 44 - Item K.S. PLANNING ITEM # 60124 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of REAL ESTATE TRUST FOR PARCELS B and E for a Conditional Use Permit re a community pier at 425 and 441 Discovery Road (DISTRICT 5 - LYNNHAVEN) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of REAL ESTATE TRUST FOR PARCELS B and E for a Conditional Use Permit re a community pier at 425 and 441 Discovery Road; GPIN #24295192030000 DISTRICT 5 - LYNNHAVEN RO61035428 The following conditions shall be required: 1. The boat dock shall be limited to Parcel B identified on the plan entitled "Exhibit for Conditional Use Permit, " prepared by David R. Butler, P.E., dated May 19, 2010, and substantially constructed as depicted on said plan, or as Modified as required by the Joint Permit Application Permit. 2. The use of the non-commercial, community boat dock shall be limited to the private use of Lots 13, 14, 15, 1, 17, 18, 19, 20 and 21 in Princess Anne Hills Park, identified in condition #1 above, for boating and recreational purposes only. 3. Permits shall be secured from all appropriate regulatory agencies through the Joint Permit Application process prior to any development or construction or expansion of the pier. 4. No commercial use of the dock shall be permitted. 5. There shall be no on-site storage or dispensing of petroleum products from this property. 6. The property, identified in Condition 1 above, shall be maintained and kept free of debris and trash at all times. This Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth of July, Two Thousand Ten July 6, 2010 - 45 - Item K.S. PLANNING ITEM # 60124 (Continued) Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson July 6, 2010 - 46 - Item K.6. PLANNING ITEM # 60125 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, with AMENDED CONDITION NO. 1, Ordinance upon application of RAMON W. JR. and DEBORAH A. BREEDEN for a Conditional Use Permit re a residential kennel at 1433 North Bay Shore Drive (DISTRICT 5 — LYNNHAVEN) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RAMON W. JR. and DEBORAH A. BREEDEN for a Conditional Use Permit re a residential kennel at 1433 North Bay Shore Drive; GPIN #24191164140000 DISTRICT 5 — LYNNHAVEN R061035429 The following conditions shall be required: 1. No more than 49e seven adult dogs (over six months of age) shall be kept on the property at any time. 2. The applicant shall maintain the dogs in a current status for any required shots and shall properly license the dogs through the City of Virginia Beach. 3. The dog litter shall be picked up and disposed of on a daily basis. This Ordinance shall be effective in accordance with Section 107 (t of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth of July, Two Thousand Ten Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson July 6, 2010 -47 - Item K.7 PLANNING ITEM # 60126 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of KEMP ENTERPRISES, INC. for a Change of Zoning District Classification from Conditional A-24 Apartment District to Conditional A-24 Apartment District with a PD - H2 Overlay at Bonney and Kenley Roads. (DISTRICT 2 — KEMPSVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of KEMP ENTERPRISES, INC. for a Change of Zoning District Classification from Conditional A-24 Apartment District to Conditional A-24 Apartment District with a PD -H2 Overlay at Bonney and Kenley Roads; GPIN #1477009793 DISTRICT 2 — KEMPSVILLE Z07101238 The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 q) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth of July, Two Thousand Ten Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson July 6, 2010 in Reply Refer To Our File No. DF -7646 TO: FROM: B. Kay Wilson RE: Mark D. Stiles CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: June 24, 2010 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; Kemp Enterprises, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on July 6, 2010. I have reviewed the subject proffer agreement, dated February 1, 2010 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hessen PREPARED BY: 313 SYIC£S. BOURDON. A{IERN & LEVY, P.0 KEMP ENTERPRISES, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this ist day of February, 2010, by and between KEMP ENTERPRISES, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Kempsville District of the City of Virginia Beach, Virginia, containing approximately 5.856 acres, as more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Grantor 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 Conditional A-24 Apartment District to Conditional PDH -2 District with an underlying A-24 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 Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 1477-00-9793 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 PREPARED BY: jJ SYKES, BOURDON. AI-IERN & LEVY. P.C. WHEREAS, the Grantor has 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, in addition to the regulations provided for the PDH -2 Zoning District and the A-24 Zoning District by the existing overall Zoning Ordinance, 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 has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees 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 Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, the entrances, streets, landscaping, fencings, community signage and open space features shall be substantially in accordance with the "Exhibit of KEMPS VILLAGE @ TOWN CENTER", pages 1 and 2, dated 01/15/10, prepared by Kellam-Gerwitz Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. When the Property is developed, there will be no more than sixty-three (63) single family residential condominium units, each of which shall have a one or two car garage. 3. When the Property is developed, the residential dwellings depicted on the Concept Plan shall have the architectural design and utilize the building materials substantially as depicted and designated on the Exhibits entitled "Kemps Village @ Town Center for Kemp Enterprises", dated January 30, 2010, for Models "A", "B", "C" and "D", 2 PREPARED BY: 13 SUES. IOURDON. AIIERN & LEVY. P.C. which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Elevations"). 4. The dimensional requirements applicable to Kemps Village at Town Center shall be as follows: • Minimum Setback from Bonney Road 20' • Minimum Rear Yard and Side Yard Setback from Adjacent Properties 12' • Minimum Distance from Dwelling to Edge of Curb on Interior Streets: Front Garage 4' Side Dwelling 5' • Minimum Distance between Residential Buildings 7.8' 5. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. 6. The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios (fenced or unfenced), drive aisles, and parking areas are opens spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). 7. The Covenants, Restrictions and Conditions set forth herein replace and supersede the "Proffered Covenants, Restrictions and Conditions dated April 20, 2006 recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument #20061201001797520. 8. 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. 3 PREPARED BY: s:aD SYKES. BOURDON. in AHERN & LEVY. P.C. 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; (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 4 of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. PREPARED BY: MU SYKES. BOURDON, AIKRN & MY, P.C. WITNESS the following signature and seal: Grantor: Kemp Enterprises, Inc., a Virginia corporatism STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 1st day of February, 2010, by George Kemp, President of Kemp Enterprises, Inc., a Virginia corporation, Grantor. My Commission Expires: August 31, 2010 Notary Registration No.: 192628 PREPARED BY: SYICES. BOURDON. AIIERN & LEVY, I.C. Nofary Public (1,:zfk EXHIBIT "A" LEGAL DESCRIPTION ALL OF THAT certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, containing 5.856 Acres, more or less, and being known, numbered and designated as Parcel "Di -B" on that certain "RESUBDIVISION OF PARCELS Di, D2, B, C AND TWO UNNAMED PARCELS CORNICKS KEMPSVILLE FARM (Instr. #200401200010194) (M.B. 43, P. 41)", made by Kellam-Gerwitz, dated March 16, 2007, which plat is recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument #20070605000761310. GPIN: 1477-00-9793 ConditionalRezone/KempEnterprises/Kemps Village @ Town Center/Proffer PREPARED BY: 123 SYKES. BOURDON. AHERN & LEVY, P.C. -48 - Item K.8 PLANNING ITEM # 60127 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of the CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R -5D Residential Duplex District to Conditional 1-1 Light Industrial District on behalf of Operation Smile for their headquarters at South Rosemont Road and Concert Drive, (DISTRICT 3 — ROSE HALL) with revisions to the TCC (Tidewater Community College) and Operation Smile shared service entrance off Rosemont Road and to the Operation Smile Service Area BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R -5D Residential Duplex District to Conditional 1-1 Light Industrial District on behalf of Operation Smile for their headquarters at South Rosemont Road and Concert Drive; GPIN #14857460060000 DISTRICT 3 — ROSE HALL Z07101239 The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. The Revisions to the Site Plan are to the TCC (Tidewater Community College) and Operation Smile shared service entrance off Rosemont Road and to the Operation Smile Service Area. The shared entrance is still a right-in/right-out but widened to accommodate the turning radius of the trucks. The wider entrance has been redesigned onto the Operation Smile property which affected the service layout and dumpster location. A Copy of revisions to the Site Plan is hereby made a part of the record. 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 Sixth of July, Two Thousand Ten Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson July 6, 2010 DEPARTMENT OF PLANNING 757-385-4621 FAX (757) 385-5667 City of Virginia B each INTER -OFFICE MEMORANDUM VBgov.com MUNICIPAL CENTER BUILDING 2, ROOM 115 2405 COURTHOUSE DR. VIRGINIA BEACH, VA 23456 DATE: July 6, 2010 TO: City Council and City Staff FROM: Karen Prochilo - Planner, Department of Planning & Community Development SUBJECT: City of Virginia Beach — Operation Smile Attached is a copy of revisions to the Operation Smile Global Headquarters Site Plan made between Planning Commission and City Council Hearings. The revisions are to the TCC and Operation Smile shared service entrance off Rosemont Road and to the Operation Smile Service Area. The shared entrance is still a right -in / right -out but widened to accommodate the turning radius of the trucks. Wider entrance has been redesigned onto the Operation Smile property which affected the service layout and dumpster location. Screening of loading areas and dumpsters will utilize building materials that are compatible with the headquarters building. Dumpsters and loading areas will not be visible from the street. No access will be made available from the loading area to the parking or internal campus area. Enclosure (1- Site Plan) c: CVB Op Smile CRZ File - Department of Planning & Community Development a) E 0 EP_ a) 0 OPERATION SMILE GLOBAL HEADQUARTERS 3AR10 A11S213AINN J 0- W r N a fi a0 W U V) OVOTI 1NOW3SO21 H1fOS FACULTY BOULEVARD In Reply Refer To Our File No. DF -7731 TO: FROM: B. Kay Wilso RE: Mark D. Stiles CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: June 24, 2010 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; City of Virginia Beach — Operation Smile The above -referenced conditional zoning application is scheduled to be heard by the City Council on July 6, 2010. I have reviewed the subject proffer agreement, dated April 20, 2010 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this day of A,-, , 2010, by and between THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the first part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the second part, Grantee. WITNESETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 9.373 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Grantor 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 R -5D, Residential Duplex, and I- 2, Heavy Industrial District to Conditional 1-1 Light Industrial District. 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 GPI N: 1485-74-6006 Office of the City Attorney Municipal Center, Building 1 2401 Courthouse Drive, Room 260 Virginia Beach, Virginia 23456-9004 1 I 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 has 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 make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon 2 all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. The Property is to be developed, improved, owned and used by a non- profit organization, initially Operation Smile consistent with this non-profit's mission and the applicable Dedication and Development Agreements with the City related thereto as amended and in force from time to time, including without limitation, one or more office and warehouse building(s) containing among other things, offices, warehouse/distribution space, educational/media/communication facilities, multipurpose space, employee cafeteria, medical research lab, in-house pharmacy, employee childcare center, and other accessory uses consistent with the evolving mission of such non-profit. 2. The Property shall be developed in substantial conformity with the conceptual site plan entitled "Operations Smile Global Headquarters Site Plan" dated 01 April 2010, prepared by Vanasse Hangen Brustlin, Inc., Clark Nexsen and Hourigan Construction, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The Property when developed shall be in substantial conformity with the elevation entitled "Operations Smile Global Headquarters Building Elevation" dated 01 April 2010, prepared by Vanasse Hangen Brustlin, Inc., Clark Nexsen and Hourigan Construction, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. All buildings and structures constructed on the Property shall be designed in a manner complementary with the Princess Anne Commons Design Guidelines. 3 11 1 5. Mechanical equipment located adjacent to any structure on the site shall be screened with an appropriate structure, fence and /or landscaping. Any mechanical equipment located on the top of any structures on the property shall be enclosed on four sides with appropriately sized parapet walls to screen equipment. 6. Building mounted signs shall be reviewed prior to building plan approval by the Planning Director or his designee. 7. All exterior dumpster areas shall be screened utilizing materials and colors that are compatible with the primary structures exterior. 8. All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or photometric diagram plan shall be submitted with any site plan for review by City staff. 9. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the ,1-1 Industrial District 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 Grantors 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 4 1 the Property and specifically repeals such conditions. Such conditions and uses 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 or recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidence 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 Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 5 I I' (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors 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 of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and Grantee. WITNESS the following signature and seal: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: Grantor: City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia The foregoing instrument was acknowledged before me this 'day of Nit I , 2010, byO2t$ 4 S,a" , Gra tor, who is personally known to me. My Commission Expires: Registration No.:Mori Foolilig ANCusianilis Oa SIAM ANDA Commayslik leglabilso. 3114414 ATTEST: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: 4,\Tr foregoing instru nt wAAas ac owledged before me this 'day of , 2010, by �7YLo-(�c,o , wh• is person.Ity known to me. 44, My Commission Expires: Registration No.: APPROVED AS TO LEGAL SUFFICIENCY:: City Attorney 7 1 Mew Cairemowsollsif *Oar 0 NrCo idai MY�•ac may, r 32441 EXHIBIT A All that certain lot, tract or parcel of land together with improvements thereon situate, Tying and being in the City of Virginia Beach, Virginia, and designated and described as "PARCEL D-2 AREA=408,309 SQ. FT OR 9.373 ACRES GPIN 1485-74-6006", as shown on that certain plat entitled SUBDIVISION OF PARCEL 1, SUBDIVISION OF PARCEL 1, BEING A SUBDIVISION OF A PART OF PARCEL B AS SHOWN ON PLAT OF GREEN RUN FARM (M.B. 254, P.74- 75) AND PARCEL 2, SUBDIVISION PLAT OF REMAINING PORTION OF PARCEL B PLAT OF GREEN RUN FARM PROPERTY OF THE CITY OF VIRGINIA BEACH (INSTR. NO. 200305210079014) AND PARCEL D, PHYSICAL SURVEY OF PARCEL C & PARCEL D PROPERTY OF BAYMARK CONSTRUCTION CORPORATION (INSTR. NO. 200212233084276) VIRGINIA BEACH, VIRGINIA" Scale: 1"= 100', dated August 20, 2007, prepared by Rouse-Sirine Associates, LTD., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20081223001441200, to which reference is made for a more particular description. IT BEING a portion of the same property conveyed t� the City of Virginia Beach, a municipal corporation by deed from Baymark Construction Corporation, a Virginia corporation, dated December 17, 2002 and recorded December 23, 2002 in the aforesaid Clerk's Office as Instrument No. 2002122300842770. and IT BEING a portion of the same property conveyed to the City of Virginia Beach, a municipal corporation by deed from Old Dominion University Real Estate Foundation, a Virginia not for profit corporation, dated June 26, 2009 and recorded July 7, 2009 in the aforesaid Clerk's Office as Instrument No. 20090707000776700, and Correction Deed recorded as Instrument No. 20090717000826650. - 49 - Item K.9. PLANNING ITEM # 60128 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AMEND the Comprehensive Plan re ADOPTION of the Newtown Strategic Growth Area (SGA) Master Plan, April 2010 Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson July 6, 2010 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN BY ADOPTING THE NEWTOWN STRATEGIC 3 GROWTH AREA MASTER PLAN AND REVISING 4 CHAPTER TWO OF THE COMPREHENSIVE PLAN 5 POLICY DOCUMENT REGARDING STRATEGIC GROWTH 6 AREA 3 (NEWTOWN AREA) 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 15 amended and reordained by: 16 17 1. The adoption of the Newtown Strategic Growth Area Master Plan, April 18 2010. Such document is made a part hereof, having been exhibited to the City Council 19 and on file in the Department of Planning; and 20 21 2 The revision of Chapter Two of the Policy Document, pertaining to 22 Strategic Growth Area 3 (Newtown Area), as shown on the attached document entitled 23 "Comprehensive Plan Policy Document Revisions, Strategic Growth Area 3 (Newtown 24 Area), May 2010." 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this 6th day of 27 July, 2010. Comprehensive Plan Policy Document Revisions Strategic Growth Area 3 (Newtown Area) May 2010 (Page 2-12, Policy Document: Text to be deleted is shown as str-14cetlaraugh. Text to be added is underlined.) Newtown Area Pending Implementation Plan In October 2009, the City began the planning study for the - - -' - - - - development of a Newtown Strategic Growth Areal Master Plan for this Strategic Growth Area. The study was prepared with a public planning process that involved residents, business owners, interested citizens, property owners, and public officials from multiple jurisdictions including the City of Virginia Beach, City of Norfolk, Virginia Department of Transportation (VDOT), and Hampton Roads Transit (HRT). A major component of this planning process involved working with the residents and property owners in the Newtown area to arrive at a series of public improvements and strategies for development that capitalize on public investments in transit and highways. The process confirmed that redevelopment within the study area will yield great opportunities for job creation, residential living, improved public amenities and growth of the city's tax base. Perspective of the Newtown Lakefront, lined with varying scales of office buildings. The lake offers a premium for quality of setting and visibility from I-264. Recommendations View of the expanded ECPI Campus with attractive new buildings, quads, and garden areas. The full set of recommendations for the Newtown SGA can be found in the Newtown Strategic Growth Area Master Plan, which is available in the Document Library at www.ourfuturevb.com. The plan emphasizes that land uses in the Newtown SGA will transition over time to reflect increased land values achieved by improved access and proximity to the new Tight rail station in Norfolk. A new mixed-use district will emerge. Business and light industrial uses will tolerate noisy areas along 1-264 and take advantage of high visibility from the interstate. The old Arrowhead Industrial Park, an anomaly today, will be replaced by a new residential neighborhood, consistent with existing adjacent residential areas. Workforce housing will be integrated into these neiqhborhoods. Neighborhood retail will be located along Princess Anne Road, adjacent to a future transit stop and residential neighborhoods. A new campus will be developed for ECPI and new parks and trails will be created to take advantage of the existing lakes. Each of these key development initiatives is described in detail in the full plan document. The Newtown SGA Master Plan has eleven guiding recommendations for development of the area: 1 Reinforce the Newtown site as the "Gateway" into Virginia Beach 2 Create interconnected pedestrian and street frameworks 3 Build parks and open spaces throughout the site 4 Build mixed-use, mixed -income, transit -oriented development 5 Strengthen education and training institutions in the district 6 Build at a compatible scale next to existing neighborhoods 7 Extend a bicycle and trail system through the site 8 Celebrate light rail as a centerpiece in a gateway public space 9 Develop a shared parking strategy 10 Coordinate transportation improvements including Light Rail, Newtown Road, the Greenwich/Cleveland Flyover, and 1-264 access/wideninq 11 Develop design guidelines for the district 2 e. recommended for this area. Nerd# -o#-1-264 3 - 50 - Item L.1. NO ACTION ITEM ITEM # 60129 NO ACTION:• APPEAL of NIMMO UNITED METHODIST CHURCH re Certificate of Appropriateness for an electronic sign at 2200 Princess Anne Road (DISTRICT 7 — PRINCESS ANNE) Previously advertised, however, because of action taken by the City Council on June 22, 2010, prohibiting all electronic display signs, this item will not be heard or acted upon. July 6, 2010 -51 - Item M.1. APPOINTMENTS ITEM # 60130 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Beatriz Amberman Unexpired thru 3/31/12 HUMAN RIGHTS COMMISSION Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson July 6, 2010 - 52 - Items P. ADJOURNMENT ITEM # 60131 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:10 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk 'uth Hodges Fraser, MMC City Clerk City of Virginia Beach, Virginia William D. Sessoms, Jr. Mayor The Public Dialogue re Non -Agenda items adjourned at 6:15 P.M. July 6, 2010 - 52 - Items P. ADJOURNMENT ITEM # 60131 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:10 P.M. Beverly O. `Nooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk City of Virginia Beach, Virginia Mayor The Public Dialogue re Non Agenda items adjourned at 6:15 P.M. July 6, 2010 - 53 - PUBLIC DIALOGUE PLANNED PARENTHOOD CLINIC Charlotte Hall, 5036 Lesselle Drive, Phone: 318-4159, represented her Parents and Hampton Roads for Life. Mrs. Hall spoke in OPPOSITION to the Planned Parenthood Clinic soon to be opened on Newtown Road. Mrs. Hall stated Virginia Beach is a family friendly area, Planned Parenthood is not and their goal is abortion. Frances Bouton, 122 Linden Avenue, Suffolk, Virginia, Phone: 925-4656, resident of Hampton Roads for over thirty years. Mrs. Bouton is a member of the Hampton Roads for Life Coalition and spoke in OPPOSITION to the Planned Parenthood Clinic. Hampton Roads has the largest concentration of abortion facilities in Virginia. Planned Parenthood is the largest provider of abortions in America. Two (2) months ago, Hampton Roads for Life Coalition presented City Council with 10,615 signatures on a petition to keep the new Planned Parenthood on Newtown Road from opening. Each Council Member also received a binder with the information about Planned Parenthood and their mission. July 6, 2010