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HomeMy WebLinkAboutJULY 3, 2012 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILL/AM D. SESSOMS, JR., At-Lage VICE MAYOR LOUIS R. JONES, Bavside - Dish•ict 4 GI.ENN R. DAVlS, Rose Hnll - District 3 WlLL/AM R. DeSTEPH, AbLmge HARRY E. DLEZEL, Kempsvi![e - District 2 ROBERT M. DYER, CenterviUe - Dish-ict 1 BARBARA M. HENLEY, Priucess Amze - Distric! 7 JOHND.MOSS, At-Lnrge JOHN E. UHRIN, Beacla - District 6 ROSEMARY W/LSON, At-Lm•ge JAMES L. WOOD, l;vnnhaven -Disn•ict 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITYATTORNEY- MARK D. STILES C/TYASSESSOR - JERALD D. BANAGAN C/TY AUDITOR -1. YNDON S. REMlAS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 03 JULY 2012 CITYKALL BULLDING 2401 COURTHOUSEDRIVE VIRGINIA BEACK, VIRGINlA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669E-MAfL: Ctycncl@vbgov.com 1. CITY MANAGER'S BRIEFINGS - Conference Room - A. SALEM LAKES PEDESTRIAN PATH David L. Hansen, Deputy City Manager B. FORM BASED CODE - RESORT PARKING Barry Frankenfield, Director - Strategic Growth Area C. SPOT BLIGHT Andrew Friedman, Director -Housing and Neighborhood Preservation II. CITY COUNCIL LIAISON III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL 3:30 PM 5:30 PM C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Stanley Sawyer, D.D. Pastor, All Saints Episcopal 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 June 26, 2012 G. FORMAL SESSION AGENDA l. CONSENT AGENDA H. ORDINANCE 1. Resolution APPOINTING Amanda H. Finley-Barnes as Chief Deputy City Clerk 1. PLANNING 1. Application of GREGG E. and TONI L. CHRISTOFFERSEN and WINNETT and NANCY HAGINS for the Expansion of a Nonconforming Use re two single-family dwellings at 304 49th Street (DISTRICT 6 - BEACH) RECOMMENDATION APPROVAL 2. Application of THE RUNNYMEDE CORPORATION re Closure of an unimproved portion of Cleveland Street at Clearfield Avenue (DISTRICT 6- BEACH) RECOMMENDATION APPROVAL 3. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for the U.S. FISH AND WILDLIFE SERVICE/MELVA W. BROWN re conveyance of Parcel2-A to be ADDED to the Back Bay National Wildlife Refuge at 3652 Muddy Creek Road (DISTRICT 7- PRINCESS ANNE ROAD) RECOMMENDATI APPROVAL 4. Application of MOORE FARM, L.L.P. for a Conditional Use Permit re a child care center at 925 Diamond Springs Road (DISTRICT 2- KEMPSVILLE) RECOMMENDATION APPROVAL 5. Application of ELLEN R. HANCOCK for a Conditional Use Permit re a residential kennel at 5520 Aurora Drive (DISTRICT 4- BAYSIDE) RECOMMENDATION APPROVAL 6. Application of C.A.R.E.S., INC./MARK HACKATHORN for a Conditional Use Permit re a residential kennel at 2701 Shirley Landing Drive (DISTRICT 7- PRINCESS ANNE) RECOMMENDATION APPROVAL 7. Application of GORDON R. and BEVERLY H. PATRICK for a Conditional Use Permit re development of a townhome style condominium community at 3607, 3613, and 3617 Shore Drive. (DISTRICT 4 - BAYSIDE) RECOMMENDATION APPROVAL 8. Application of VIRGINIA SEAGULL TRAVEL BUS, INC./ OVERTONS MARKETS, for a Conditional Use Permit re a passenger transportation terminal at 313 and 329 Kellam Road (DISTRICT 4 - BAYSIDE) RECOMMENDATION APPROVAL 9. Application of CAR CHOICE ENTERPRISE, INC/5001 VIRGINIA BEACH ASSOCIATES, LLC for a Conditional Use Permit re motor vehicle sales and service at 5001 Virginia Beach Boulevard (DISTRICT 4 - BAYSIDE) RECOMMENDATION APPROVAL 10. Application of JAMES SAWH/GERALD E. SNYDER and REGINA SNYDER for a Conditional Use Permit re automotive repair at 5564 Virginia Beach Boulevard (DISTRICT 2- KEMPSVILLE) RECOMMENDATION APPROVAL 11. Application of ANTHONY and ALYIAH PETERHIN/ J& J INVESTMENT, for a Conditional Use Permit re truck and trailer rentals at 649 Newtown Road (DISTRICT 2- KEMPSVILLE) RECOMMENDATION APPROVAL 12. Application of OLD BEACH GREEN MARKET for a Conditional Use Permit re an outdoor "Green Market" at 1909 Cypress Avenue (DISTRICT 6- BEACH) RECOMMENDATION APPROVAL 13. Application of NATHAN B. HUDSON/HOLLAND PLAZA SHOPPING CENTER, LLC, for a Conditional Use Permit re indoor recreation, "Doodles Inflatable Fun", at 4308 Holland Road (DISTRICT 3 - ROSE HALL) RECOMMENDATION APPROVAL 14. Application of HABITAT FOR HUMANITY SOUTH HAMPTON ROADS for a Change of Zoning District Classification from R-SD Residential Duplex to Conditional R-2.5 Residential to develop townhouses at 4957 Bonney and Kenley Roads (DISTRICT 4- BAYSIDE) RECOMMENDATION APPROVAL 15. Application of BEILER PROPERTIES, INC. for a Change of Zoning District Classification from R-15 Residential to Conditional R-7.5 Residential to develop Phase Two of an existing residential neighborhood at 2301 Salem Road (DISTRICT 7- PRINCESS ANNE) RECOMMENDATION DENIAL 16. Application of VIRGINIA BEACH RACQUET CLUB NORTH for Modification of Conditions re DELETING Condition No. 7 which prohibits signs; ALLOW indoor recreational activities, other than tennis and renovation of the existing restroom/utility structure at 1950 and 1951 Thomas Bishop Lane (DISTRICT 5- LYNNHAVEN) RECOMMENDATION APPROVAL 17. Application of LAKE GEM D8, LLC for Modification of Conditions Nos. 2 and 5 re expansion of an outdoor market with retail sales and change the hours of operation at 2181 Upton Drive (DISTRICT 7 - PRINCESS ANNE ROAD) RECOMMENDATION APPROVAL 18. Application of NEW CINGULAR WIRELESS PCS, LLC T/A AT&T/VA STORAGE CO., LLC for Modification of Conditions to ADD flush mounted antennas with remote radio heads at 2100 McComas Way (DISTRICT 7- PRINCESS ANNE) RECOMMENDATION APPROVAL 19. Ordinances of the CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance: a. Section 1301 re the establishment or expansion of Historic and Cultural Districts: b. Section 111 to ADD a definition of "cemetery" c. Section 211(b)(2) re Temporary Signs Section 107 re the criteria for Proffers in Conditional Zoning. RECOMMENDATION APPROVE (a/b/d) / DENY (c) K. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES and WATERWAYS COMMISSION BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION TIDEWATER TRANSPORTATION DISTRICT COMMISSION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT 2012 C/TYHOLlDAYS Wednesday, July 4 Independence Day Monday, September 3 Labor Day Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day Agenda 07/03/2012 gw -1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 3, 2012 Mayor William D. Sessoms, Jr. called to order the CITY MANAGER'S BRIEFING re SALEM LAKES PEDESTRIANPATH, in the City Council Conference Room, Tuesday, July 3, 2012, at 3: 30 P.M. Council Members Present: William R. "Bill " Barbara M. Henley, Sessoms, Jr., John E. Council Members Absent.• Glenn R. Davis John D. Moss Rosemary Wilson DeSteph, Harry E. Diezel, Vice Mayor Louis R. Jones, Uhrin and James L. Wood. ill at Scout Camp at Family Vacation Robert M. Dyer, Mayor William D. Jz.ly 3, 2012 -z- CITYMANAGER'S BRIEFING SALEM LAKES PEDESTRIAN PATH 3:30 P.M. ITEM #62010 Muyor Sessoms introduced and welcomed David L. Hansen, Deputy Ciry Manager. Mr. Hansen stated Staff has been working with property owners of Salem Lakes and the bank erosion affecting the pedestrian path. =Gt'?-??` City Council Presentation Salem Lakes Pedestrian Path DCM Dave Hansen July 3,2012 The problems in Salem Lakes are unique and a complex set of issues. This presentation is informational only with Staff recommendations. Fifty-Two (53) private residences own to the center of the Lake. July 3, 2012 -3- CITY MANA GER'S BRIEFING SALEM LAKES PEDESTRIAN PATH ITEM #620I0(Continued) This slide provides the background to the Lake/Easement. LAKE/EASEMENT BACKGROUND Aug. 6, 1979 - City Council granted change of zoning to develope , with the following conditions: • A public recreation/open space easement should be established at the time of subdivision to cover the jogging path. The city will assume maintenance responsibility for those areas. HOWEVER, THE C/TY WILL NOT ACCEPT MAINTENANCE RESPONSIBILITY FOR THf PROPOSED LAKE." • "The 7:1 slope af bank should be established around the lake from ihe edge of the water to the level area on which the jogging path is proposed. The /evel area should be a[ least IS feet wide wi[h the 6 foot widejogging pa[h locpted in the Center." Seqt. - Oct. 1982 - Developer and City executed Subdivision Agreements, all containing: • 'A 15' wide public pedestrian recreatian/open space easement is to be dedicated [o the City. A 6' wide jogging path is to be centered within the 15' easement." 1983 -1984 - 8 plats recorded at various times, each showing the easement area and dedicating the easement to the City by plat note. This slide provides the most recent history relating to the Lake/Easement. RECENT HISTORY • 2005-10 - Severity of bank collapsing increased - Severity of weather events - Soil conditions - Lack of 7:1 slope • 2009 - Parks & Recreation concerned with being able to maintain easement area for grounds maintenance • 2010 - City staff conducts initial assessment - Briefed City management & district Council member - Posted "Use trail with caution" signs • 2011 - Developing recommended plan of action - Commenced alternativesanalysis and cost estimating - Briefed City management & district Council member Jitly 3, 2012 -4- CITY MANA GER'S BRIEFING SALEM LAKES PEDESTRIAN PATH ITEM #620I0(Continued) Currently, Salem Lakes does not have a Civic League. Police Captain Mike Ronan is working with the citizens and formed a Neighborhood Watch. A Public Information/Safety Meeting was held June 11, 2012, at Salem Elementary. CURRENT SITUATION - 2012 • March - Notified district Council members of urgency to address public safety issues at the path • April - Initiated survey of pedestrian easement - Closed path due to increased public safety risk - Performed alternatives analysis • May - Police initiate Neighborhood Watch with 40+ residents at meeting • June 11 - Conducted public information/safety meeting • July 3- Brief City Council This neighborhood is connected by continuous and comprehensive sidewalks with various access points throughout. Neighborhood Sidewalk Connectivity This map shows that there is good pedestrian connectivityin place in Salem Lakes considering sidewalks exist on both sides of Centennial Circle, the main road that surrounds the lakefront lots. The sidewalk network i ncl udes other roads connecting in toward the lake off of Centennial Circle. Sidewalk Maintenance- Residents commented that help is needed from the City to cut back lawns that have grown over the sidewalk. July 3, 2012 -5- CITY MA NA GER'S BRIEFING SALEM LAKES PEDESTRIAN PATH ITEM #620I0(Continued) Property lines go out into the Lake and none of the land bank failures are in the public easement. However, the banks' failure is a public safety risk. July 3, 2012 -6- CITY MANA GER'S BRIEFING SALEM LAKES PEDESTRIAN PATH ITEM #62010(Continued) THE PUBLIC EASEMENT All of the lots surrounding the lake are platted to the center of the lake. The City has a 15 foot pubiic easement allowing the public the right to walk along a 6 foot path supposed to be located in the centerof the easement. The City has responsibilityfor the maintenance of the public easement area and the path. The developerwas to have created a 7:1 slope from the waters edge to the edge of the pubtic easement. Concerns that the eroding bank has encroached in[o the public easement becausethe 6 foot path was portended to be in the middle of the easement. A survey of the public easement and the top of the bank was conducted to determinethe location of the path and the degree of encroachment of the bank failure. July 3, 2ola -7- CITY MANA GER'S BRIEFING SALEM LAKES PEDESTRIAN PATH ITEM #620I0(Continued) LEGAL IMPLICATIONS OF EASEMENT VACATION • The public will no longer have the right to travel on the path. • The City will no longer be responsible for maintenance of the easement area or the asphalt path. • The City will maintain its right to drainage easements within the lake; may need to establish maintenance easements to access. LEGAL REQUIREMENTS TO VACATE EASEMENT • Easement was dedicated by plat; will be vacated pursuant to Va. Code § 15.2-2271, by ordinance of the governing body. • Notice must be given pursuant to Va. Code § 15.2-2204; advertised once a week for two consecutive weeks; public hearing to be held before Council adoption. • Draft proposed Ordinance to be presented to City Council - Ordinance to authorize City Managerto execute necessary documents to vacate easement • Identify/verify 52 homeowners (to be named in Deeds of Vacation) - Deeds will be recorded to evidence easement has been vacated in chain of title - Eight (8) separate Deeds to coincide with eight (8) subdivision plats recorded during neighborhood development July 3, 2012 -8- CITY MANA GER'S BRIEFING SALEM LAKES PEDESTRIAN PATH ITEM #620I0(Continued) It is important to remember Staff held the Information Meeting on June 11, 2012, and have an understanding of citizens concerns. Each citizen had the opportuniry to speak and voice their concerns. Salem Lakes Neighborhood Path Public Information Meeting ? 77 citizens signed in ? 35 were citizens who lived on lakefront property ? 42 were citizens who lived elsewhere in the Salem Lake neighborhood (not lakefront) ? City staff: 2x DCMS, P& R, PW, PD, City Attorney, HNP, Finance/Risk Mgt This slide provides a summary of the neighborhood issues voiced at the June 11, 2012, meeting. Neighborhood Issues From June 11, 2012 Information Meeting • Nutria-too many, eroding banks, aggressive, need to eliminate(Animal Control) • Residentsfeedingthewildlife- needthemtostop(AnimalControl) • Culverts- PW identifiedthree in most need of bank stabilization, need to identify and assess all other culverts (PW) • Access- need to close the access for safety, possibly use chain link fence (P&R) • Unkemptyards- need City assistanceto have owners maintain (Code Enforcement) • Permits for bank stabilization- owners reported they have been told they cannot get permits, need to work with owners who want to do bank stabilization (Planning) • Illegal dumping- several areas were identifiedwhere illegal dumping is occurring (Code Enforcement and Waste Management) • Neighborhood Watch Program (Police) • Civic League or HOA- HOA is not likely, but there is some interest in starting a civic league (City Atty) • Illegal activities along path behind houses, disorderly behavior, trash, and graffiti (PD) • Causeway- near unanimous support by attendees to remove (PW; PU will also be involved because of 10" gravity sanitary sewer line) • Pedestrian path removal (PW) July 3, 2012 -9- CITY MANA GER'S BRIEFING SALEM LAKES PEDESTRIAN PATH ITEM #62010(Continued) Stafffrom Housing Code Enforcement took the following actions: Housing Code Enforcement Actions Unkemat vards • Staff walked the entire pathway and conducted thorough inspections • Several notices of violation were issued for unkempt properties • Overgrowth on the banks of the lake are exempt; bushes are exempt from code • No hazardous trees were found Illeeal Dumpins • Illegal dumping sites are monitored weekly and issues investigated; notices of violation are issued when a responsible party can be located • Staff works directly with waste managementto have items removed when a responsible party cannot be located Graffiti • The Sheriff's Workforce abated one instance of graffiti along the pathway • Staff is working to develop an abatement plan for another site which is not readily accessible A colony of approximately 20 nutria inhabits the lake but aYe not responsible for the erosion and pose no threat to public safety. Animal Issues Responding to the concerns expressed, Animal Control began conducting a Planned Patrol to get a sense of scope and severity of problem • 11 visits produced 0 observations of any violations Animal Control met with Wildlife biologist for Virginia DGIF and a USDA Wildlife Specialist - There is a colony of approximately 20 nutria - These nutria are not responsible for the erosion and pose no threatto public safety - There is a limited natural food source that should keep the population in check - Eradication via trepping will cost approximately$10,000 (via USDA) & there is no guaranteetrepping will eradicate a suffcient number to overcome breeding rate or new migration - Trepping is not recommended July 3, 2012 -10- CITY MANA GER'S BRIEFING SALEM LAKES PEDESTRIAN PATH ITEM #62010(Continued) Feeding Wildlife • In 31 visits to the park Animal Enforcement saw 0 cases of feeding. Animal Enforcement will be looking at other locations along the pedestrian path during future visits. • Waterfowl congregation and the feeding of waterfowl contributes only a small portion to the erosion problems. • The presence of waterfowl is considered a benefit by many and efforts to eradicate them are often controversial. • City ordinance Sec. 5-547 prohibits feeding wildlife on public property (parks) and staff is prepared to present an ordinance to this Council if necessary which would prohibit feeding waterFowl on private property in Salem Lakes. - There are several prerequisites to this ordinance including a requirement the feeding activity is creating a nuisance, signs are posted, and DGIF is notified-a letterfromthe Managerhas been prepared. Probable Permitting Requirements For Individual Homeowners To Repair Bank Slopes ? Each lot or group of lots must be evaluated to determine the specific permitting requirementsand applicable review processes • IF BANK SLOPE AND/OR TOE CONTAIN JURISDIRIONAL WETLANDS -Army Corp Of Engineers Approval Required; Follow ACOE Permit Processes. • IF AREA OF DISTURBANCE IS GREATER THAN 2,500 SQUARE FEEf - Land Disturbing Permit Required; Planning/DSC Must Approve Erosion And Sediment Control Plan Prepared By Licensed Professional; Surety and Permit Required • IF FILLING IS NECESSARY WITH THE "FLOODPLAIN SUBJECTTO SPEdAL RESTRIRIONS" - A Floodplain Variance May Be Necessary; Depending On The Fxtent Of Fill This May Require City Council Approval; Planning/DSC Musf Approve Plans And Calculations Prepared By A Licensed Professional • IF ANY STRUCNRES (i.e., BULKHEADS, WALLS, DOCKS) ARE PROPOSED A BUILDING PERMIT IS REQUIRED - Structural Plans Must Be Prepared By a P.E. - IF ANY WORK IS PROPOSED IN A PUBLIC EASEMENT- Right Of Way Permit Required; Planning/DSC Must Approve Site Plan Prepared By Licensed Professional; Surety And Permit Required ? Recommend that Bank Stabilization be performed on large areas encompassing multiple lots by qualified licensed contredors to achieve ezpected results July 3, 2012 -11- CITY MANA GER'S BRIEFING SALEM LAKES PEDESTRIAN PATH ITEM #62010(Continued) Since the closure of the path, the barrier is damaged and has to be repaired. Damage Since Path Closure This slide provides the costs of vacating the public path: Costs of Vacating Public Path • Costs for permanently securing access points - Approx. $10,000 • Cost to remove the asphalt path approx. $130,000 - Duration -Threemonths including obtaining permits - Obtain right of entry from homeowners as required to perform the work July 3, 2012 .? ?. ? y ..tr ?j . •9 : -12- CITY MANA GER'S BRIEFING SALEMLAKES PEDESTRIAN PA TH ITEM #62010(Continued) Investigation of Various Shoreline Stabilization Alternatives for Parks • Conditions Assessment • Wetland Delineation • Slope Stability, Topographic, and Alternative Analysis • Prioritized Recommendations includes Environmental Permitting cost estimates: - Alt 1- Rip Rap = $95,259 - Alt 2- 3:1 slope/wetland bench _ $68,885 - Alt 3- 3:1 Vegetated Geoweb = $82,274 Evaluation based criteria included for the proximity of drop off to public easement (safety) and risk of darnage/failure of public infrastYUCture. July 3, 2012 -13- CITYMANAGER'S BRIEFING SALEM LAKES PEDESTRIAN PATH ITEM #62010(Continued) Outfall #4 --- - ----- p.?? , . e. ? 7oP aF bwnk? ? M1 ? ?--•'???l ?? p` ?. , } +-- - --- ? ? y 4 0 Oa3 ? ? Pedeatrroin?n-,a ? ' Ease?nent , , July 3, 2012 -14- CITYMANAGER'S BRIEFING SALEM LAKES PEDESTRIAN PATH ITEM #620I0(Continued) Outfall #7 ?? KV1NE(i ? ?M41 1 K4 A LIN?? ? Siuu tr nei H" T wo zc ? ? / 9?? \ \• .rv cr negi o 3 :. s so i a?- aoe< .??? m ?\ e?,F?ti ` \`• \'\ WLERIO T. k NSR?Vi'JON E llV1Ril10 \ J«? Irvsa:;ul?i fzaos82oeccue<?':a \ ,,/ ' P GPIN- 1e;P1-19-J39b ? \ LOT 2. ? ~ •.. Outfall #2 ? :.? ? I l , 7oP oE h\ y? --e"L--??a??'+ 9u r?€.+^. ? ra0?? / ?4f ? oU'f f R? ?t ? ? ? " ^ .. ?, ?• z D?iik{tie115?+1?i/ltta?on ' ? ? ? ` ? , {?'?O1o v ? _ _ 15' Ptdtstr:cvz 6aseo??sento - July 3, 2012 -15- CITY MANA GER'S BRIEFING SALEM LAKES PEDESTRIAN PATH ITEM #620I0(Continued) Bank Failure Adjacent to Pedestrian Easement • No bank erosion has encroached into the public easement. • Outfall #4: Top of Bank (TOB) is near edge of easement above storm outfall. Approx901inear feet (LF) with TOB within SO feet of pedestrian easement. • Outfall #7: Approximately 130 LF with TOB within 6-10 feet of pedestrian easement. • Outfall #2: Approximately 60 LF with TOB within 7-10 feet of pedestrian easement. Additiona145 LF will be stabilized at outfall. • Pedestrian crossing/culvert: Approximately 145LF with TOB in easement, however,citizens overwhelminglywant it removed. • Other areas where TOB is within 10 LF of the pedestrian easement: - Behind 3861, & 3869 Buckhorn Place (LOt 38 & 40) - approx. 95 LF @ 6-10 ft. - Behind 3805 Buckhorn Place (LOt 24)-approx.20 LF @ 8-10 ft. - Behind 3820 Jousting Arch (Lot 13)- approx. 60 LF @ 7-30 ft. - Behind 3829 & 3825 Buckhom Place (Lot 308, 29) - approx. 70 LF @ 6-10 ft Shoreline Stabilization Cost Estimates • Stabilize outfalls 4 & 7: $150,000 • Stabilize outfalls 4& 7 and culvert bank of lake crossover walkway: $250,000 • Stabilize outfalls 4& 7 and remove culvert and lake crossover walkway: $300,000 • Stabilize outfall 2 : $50,000 • Stabilize all other outfalls: $150,000 • Reconstruct other shoreline areas with bank eroded to within 10 feet of the public easement area: $150,000 • Reconstruct entire lake shoreline except for Park area: $2,500,000 July 3, 2012 -16- CITYMANAGER'S BRIEFING SALEM LAKES PEDESTRIAN PATH ITEM #62010(Continued) Considerations • City has over 400 wet BMPs (lakes and Ponds). • Salem Lakes is the only private BMP that has such a public easement and a pedestrian path around the lake. • Stormwater enterprise does not perform bank stabilization on wet BMPs except to protect stormwater infrastructure. • Pianning figure for bank stabilization is @$600 per linear foot • Bank erosion on Salem Lake has not encroached into the public easement (closest is outfall #4). • Stormwater outfalls on Salem Lake require stabilization effort. • To perform bank stabilization away from Stormwater infrastructure requires considerable private owner and permit approvals. • Removal of the crossover walkway will not interfere with existing 30 inch sanitary sewer (gravity) crossing (15 feet deep). July 3, 2012 -17- CITY MANA GER'S BRIEFING SALEM LAKES PEDESTRIAN PATH ITEM #62010(Continued) Staff Recommendation • Initiate procedures to vacate the public easement. • Remove the asphalt pedestrian path, grade and seed damaged areas and permanently secure access points. ($140,000) • Design, permit and construct stabilization for the western City Park. ($95,250) • Negotiate lake access for eastern park • Design, permit and construct stabilization for the City stormwater outfalls only. ($350,000) • Remove the crossover walkway and culvert and restore the shoreline. ($150,000) $735,250 + contingencyI N EXT STEPS • Run first advertisement on Sunday, July 29 • Run second advertisement on Sunday, Aug. 5 • Public Hearing to be held on Tuesday, Aug. 14 • Present Ordinance to Vacate Easement on Tuesday, Aug. 14, following Public Hearing. • If adopted, prepare Deeds of Vacation, execute and record. Effective upon completing the work. • Complete design, submit permit applications and order materials for path removal and bank stabilization at City parks and at our stormwater outfalls. July 3, 2012 -18- CITY MANA GER'S BRIEFING SALEM LAKES PEDESTRIAN PATH ITEM #62010(Continued) Public Meeting Agenda • Welcome and Staff Introductions • Path History Details and Public Safety/Risk • Bank Failure and Stormwater OutFall, Causeway/Bridge • Neighborhood Sidewalk Connectivity, Salem Lakes Park Shoreline Stabilization Project, and Closing of Path/Recent Damage • Complete Design of Park Shoreline Work • Complete Design of Public Works Infrastructure Work • Identify Funding for Projects • Neighborhood Watch Program • Removal of Path and Vacate Easement • Next steps The Mayor thanked Mr. Herbert and Staff for their work on this project. July 3, 2012 -19- CITYMANAGER'S BRIEFING FORM BASED CODE - RESORT PARKING 4:26 P.M. ITEM #620I1 Mayor Sessoms called to order the FORM BASED CODE - RESORT PARKING Briefing. Ciry Manager James Spore introduced Steve Herbert, Deputy City Manager. Mr. Herbert introduced Ashby Moss who provided details regarding Form Based Code (FBC) Protections. July 3, 2012 -zo- CITYMANAGER'S BRIEFING FORM BASED CODE - RESORT PARKING ITEM #62011(Continued) This slide provides stakeholder's input to FBC: FBC provides new pYOtection for neighborhoods as identified below: July 3, 2012 -21- CITY MANA GER'S BRIEFING FORM BASED CODE - RESORT PARKING ITEM #62011(Continued) July 3, 2012 -zz- CITYMANAGER'S BRIEFING FORM BASED CODE - RESORT PARKING ITEM #620I1(Continued) In response to concerns voiced to the June 8`'' FBC Draft, Staff will freeze the parking requirements at current ratios, except the multi family requirement will be reduced to 1.3 spaces per unit where the developer/owner agYees that no RPPP passes will be issued. Mr. Frankenfield, Director- Strategic Growth Area, stated in light of the many emails and comments on parking in the Resort Area he wanted to provide additional information on the current parking efforts and situations. July 3, 2012 -23- CITYMANAGER'S BRIEFING FORM BASED CODE - RESORT PARKING ITEM #62011(Continued) Parking in the Resort Area is managed through the SGA Office, Resort Management Office's Parking Operations Division. Mike Eason is the Administrator of the Resort Management Office Resort Management Parking Operations manages all the public parking facilities including on-street parking, meters and enforcement in the Resort Parking Permit Program (RPPP). The opeYations include oversight of the Croatan and Sandbridge parking lots as well as contractual oversight of the Town Center Parking lots. The Resort Area, Croatan and Sandbridge operations are completely self sustaining; specifically, no general fund dollars support these operations. In essence, parking pays for itself and corztributes over $500,000 annually to the Tourism Investment Program through collection of fines and fees. July 3, 2012 -24- CITY MANA GER'S BRIEFfNG FORM BASED CODE - RESORT PARKING ITEM #62011(Continued) This slide provides the total parking inventory and usage: Staff tracked peak days and, except for peak times, the existing parking inventory meets the overall demand. A typical season would have 20-30 peak days. Last year Staff predicted 24 days and regardless of the number, the parking inventory does not meet demand on sunny, weekend days and during special events. Last year, Staff tracked, by hour, the occupancy and found that there are few times that all the facilities are 100% occupied. HoweveY, street congestion, as well as entering and exiting facilities, gives the perception that there is not enough parking at the Oceanfront. Da Date VeM1icles (?ncnes) Saturday ?/3??oio 8,648 195 o FourthofJulyWeekend Saturday 6/ig/zotio 8,6zi a.94 BoardwalkArtShow. S.nday 5/31/1111 7,456 a.7a o.46 MemorialDayWeekend Monday 5/3-1- .. 7139? ?.69 o Memorial Day Weekend . Saturday 512/2010 7,353 2.67 o Kite Festival* Saturday 6/ab/aoxo .7,8ia z.67 Sandstock* .. .. Sat?rday 6/ia/aoio 7,645 ?-6i o.56 Sand Soc<er Saturday. 7/24/20 i0 7,590 1.59 o Chalk[heWalk* Saturday 5/812010 6,97o a.53 o Monsters on the Beach* Saturday 8/7/ioio . 7,.6. 2.4$ o Normal Weekend ... Sat?rday g/y/zoio 6,eo9 2 .33 o American M-ic Fest Saturday. ... 811412010 61796 z.3- o AVP Volleyball ......... . Sat.rday 9/a5/2 oio 6,334 230 o.a3 Neptune Boardwalk Weekend Sat.rday 6j5hoio .. 6,743 ...30 o USOPaTrioticFestival. ... .. Sat,rday 5/a5/2oa0 6,u9 z.z6 0.43 BeachM-icWeekend* Saturday 8/a8/201o 6,593 -5 o EastCoastSurfingChampionship Sunday 6/20/2011 6,587 2 .a5 0.4- BoardwalkArtShow Sa[urday . 7/i7hoio .6,577 2.,5 0.07 NormalWeekend... Saturday 5129hoio 6,a4a 2 .z3 0 03 Memorial Day Weekend Monday 715/2 oio 6,428 o Fo.rthofJulyWeekend Friday 6/i8/2 oio 6,i75 . i o BoardwalkArtShow Svnday 61z7/2 oio . 6,i4o . o o Sandstock- .. S-day 7/ii/2oao 5,96a 2.04 o Normal WeekenA Friday . g/ay/aoao 5,586 a.o3 0 Neptune8oardwalkWeekend Snason Averaae 1.8e1 a.o1 July 3, 2012 -25- CITY MANA GER'S BRIEFING FORM BASED CODE - RESORT PARKING ITEM #62011(Contiiiued) This slide provides the current Resort Area Parking Policy: July 3, 2012 -26- CITY MANA GER'S BRIEFING FORM BASED CODE - RESORT PARKING ITEM #62011(Continued) The RPPP has been in place for approximately twenty (20) years and is authorized by Ordinance. The key issues addressed in the Ordinance are as follows: • Reduce nighttime traffic congestion • Reduce hazardous traffic conditions • Protect residents from unreasonable noise and disturbance • Protect residents from unreasonable burdens in gaining access to their residences • Protect and preserve the peace, good order, convenience and character of residential communities located in close proximity to commercial areas of the City The specific aYea of the RPPP is regulated by the distance of the areas from a parking meter. The intent is to avoid paying for parking, users will be willing to walk about ?/ mile to access the beach and amenities. July 3, 2012 -27- CITY MANA GER'S BRIEFING FORM BASED CODE - RESORT PARKING ITEM #62011(Continued) July 3, 2012 -zg- CITYMANAGER'S BRIEFING FORM BASED CODE - RESORT PARKING ITEM #62011(Cositinued) July 3, 2012 -29- CITY MANA GER'S BRIEFING FORM BASED CODE - RESORT PARKING ITEM #62011(Continued) This slide provides a summary of all the different Stakeholders that provided input.• July 3, 2012 -30- CITY MANA GER'S BRIEFING FORM BASED CODE - RESORT PARKING ITEM #62011(Continued) Staff is committed to working through the process to achieve an agYeeable Parking Strategy. Most of the concerns are identified in the following Resolution, along with Key Action Steps: July 3, 2012 -31- CITYMANAGER'S BRIEFING FORM BASED CODE - RESORT PARKING ITEM #62011(Continued) July 3, 2011 -32- CITYMANAGER'S BRIEFING FORM BASED CODE - RESORT PARKING ITEM #62011(Continued) This slide provides the commitments for Summer Season 2013: July 3, 2012 -33- CITYMANAGER'S BRIEFING FORM BASED CODE - RESORT PARKING ITEM #62011(Continued) Mcryor Sessoms thanked Mr. Frankenfield and the entire Staff for all of their efforts and haYd work. July 3, 2012 -34- CITY MANA GER'S BRIEFING SPOT BLIGHT 5:17P.M. ITEM #62012 Mayor Sessoms stated he spoke with the Bank of America and confirmed the property has been involved in Bankruptcy. Bank of America requested thirty (30) days to put a"Plan " together. Mayor Sessoms stated Bank ofAmerica is willing to appear before City Council, if necessary, to present the "Plan ". July 3, 2012 -35- CITY COUNCIL LIAISONREPORTS 5:18 P.M. There were no City Council Liaison Reports. July 3, 2012 -36- CITY COUNCIL COMMENTS 5:18 P.M. ITEM #62013 Councilman DeSteph stated he was up in Washington, D.C. last Thursday and Jimmy Hargrove, a local Citizen, received the Congressional Gold Medal of Honor. ITEM #620I4 Council Lady Henley is receiving information from Planning regarding Sea Level Rise and requested City Council schedule a Briefing regarding this issue in late August. July 3, 2012 -37- AGENDA REVIEW SESSION 5:21 P.M. ITEM #6201 S BY CONSENSIIS, the following shall compose the CONSENT AGENDA: H. ORDINANCE Ordinance Resolution APPOINTING Amanda H. Finley-Barnes as Chief Deputy City Clerk July 3, 2012 -38- AGENDA REVIEW SESSION ITEM #62016 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: I. PLANNING 1. Application of GREGG E. and TONI L. CHRISTOFFERSEN and WINNETT and NANCY HAGINS for the Expansion of a Nonconforming Use re two single family dwellings at 304 49th Street (DISTRICT 6 - BEACH) 2. Application of THE RUNNYMEDE CORPORATION re Closure of an unimproved portion of Cleveland Street at Clearfield Avenue (DISTRICT 2- KEMPSVILLE) 3. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for the U.S. FISH AND WILDLIFE SERVICE/MELVA W. BROWN re conveyance of Parcel 2-A to be ADDED to the Back Bay National Wildlife Refuge at 3652 Muddy Creek Road (DISTRICT 7- PRINCESS ANNE ROAD) 4. Application of MOORE FARM, L.L.P. for a Conditional Use Permit re a child care center at 925 Diamond Springs Road (DISTRICT 2- KEMPSVILLE) 5. Application of ELLEN R. HANCOCK for a Conditional Use Permit re a residential kennel at 5520 Aurora Drive (DISTRICT 4- BAYSIDE) 6 Application of C.A.R.E.S., INC./MARKHACKATHORNfor a Conditional Use Permit re a residential kennel at 2701 Shirley Landing Drive (DISTRICT 7- PRINCESS ANNE) 7. Application of GORDON R. and BEVERLY H. PATRICK for a Conditional Use Permit re development of a townhome style condominium community at 3607, 3613, and 3617 Shore Drive. (DISTRICT 4 - BAYSIDE) 8. Application of VIRGINIA SEAGULL TRAVEL BUS, INC./OVERTONSMAR.KETS, for a Conditional Use Permit re a passenger transportation terminal at 313 and 329 Kellam Road (DISTRICT 4 - BAYSIDE) 9. Application of CAR CHOICE ENTEXPRISE, INC/SOOI VIRGINIA BEACH ASSOCIATES, LLC for a Conditional Use Permit re motor vehicle sales and service at 5001 Virginia Beach Boulevard (DISTRICT 4- BAYSIDE) 10. Application of JAMES SAWH/GERALD E. SNYDER and REGINA SNYDER for a Conditional Use Permit re automotive repair at 5564 Virginia Beach Boulevard (DISTRICT 2 - KEMPSVILLE) 11. Application of ANTHONY and ALYIAH PETERKIN/ J& J INVESTMENT, for a Conditional Use Permit re truck and trailer rentals at 649 Newtown Road (DISTRICT 2- KEMPSVILLE) 12. Application of OLD BEACH GREENMARKET for a Conditional Use Permit re an outdoor "Green Market" at 1909 Cypress Avenue (DISTRICT 6- BEACH) July 3, 2012 -39- AGENDA REVIEW SESSION ITEM #62016(Continued) 13. Application of NATHAN B. HUDSON/HOLLAND PLAZA SHOPPING CENTER, LLC, for a Conditional Use Permit re indoor recreation, "Doodles Inflatable Fun ", at 4308 Holland Road (DISTRICT 3- ROSE HALL) 14. Application of HABITAT FOR HUMANITY SOUTH HAMPTON ROADS for a Change of Zoning District Classification fYOm R-SD Residential Duplex to Conditional R-2.5 Residential to develop townhouses at 4957 Bonney and Kenley Roads (DISTRICT 4- BAYSIDE) 15. Application of BEILER PROPERTIES, INC. for a Change of Zoning District Classification from R-I S Residential to Conditional R-7.5 Residential to develop Phase Two of an existing residential neighborhood at 2301 Salem Road (DISTRICT 7- PRINCESS ANNE) 16 Application of VIRGINIA BEACH RACQUET CLUB NORTH for Modification of Conditions re DELETING Condition No. 7 which prohibits signs; ALLOW indoor recreational activities, other than tennis and renovation of the existing restroom/utility structure at 1950 and 1951 Thomas Bishop Lane (DISTRICT S- LYNNHAVEN) 17. Application of LAKE GEM D8, LLC for Modification of Conditions Nos. 2 and S re expansion of an outdoor market with retail sales and change the hours of operation at 2181 Upton Drive (DISTRICT 7- PRINCESS AN1VE ROAD) 18. Application of NEW CINGULAR WIRELESS PCS, LLC T/A AT&TNA STORAGE CO., LLCfor Modification of Conditions to ADD flush mounted antennas with remote radio heads at 2100 McComas Way (DISTRICT 7- PRINCESS ANNE) 19. Ordinances of the CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance: a. Section 1301 re the establishment or expansion of Historic and Cultural DistricZs: b. Section 111 to ADD a definition of "cemetery" c. Section 211(b)(2) re Temporary Signs d. Section 107 re the criteria for Proffers in Conditional Zoning. Item #19a will be deferred indefinitely. Item #19b Vice Mayor Jones will A.BSTAIN Ite,Pn #19c fvill be deferred to July 10, 2012. July 3, 2012 -40- ITEM#62017 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) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees LEGAL MATTERS: 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- 3 711 (A) (7). Spot Blight Abatement - 5405 Keystone Place July 3, 2012 -41- ITEM# 620I7 (Continued) Upon motion by Councilman Dyer, seconded by Councilman Diezel, City Council voted to proceed into CLOSED SESSION at S: 35 P.M. Voting: 8-0 Council Members Voting Aye: William R. "Bill " DeSteph, 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: Glenn R. Davis, John D. Moss and Rosemary Wilson (Closed Session: 5:35 P.M. - 5: SO P.M.) July 3, 2012 -42- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 3, 2012 6:00 P.M. MayoY William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, July 3, 2012, at 6.•00 P.M. Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Glenn R. Davis, John D. Moss and Rosemary Wilson INVOCATION: Reverend Stanley Sawyer, D.D. Pastor, All Saints Episcopal Church PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mcayor 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 inteYest 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 aYise 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 identiftes a matter in which he has a"personal interest ", as defined by the Act, he will either abstain fi°om 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 3, 2012 -43- 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 Director•s. 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 ofFulton Financial and the volume of transactioras 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 3, 2012 -44- Iteisi -VI-E CER TIFICA TION ITEM #62018 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE 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 oY considered by Virginia Beach City Council. Voting: 8-0 Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, RobeNt 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.• Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 R E S 0 L U T 10 N 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 #62017 Page 40, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2. 2-3712 of the Code of V irginia 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 Fraser, MMC City Clerk July 3, 2012 -45- Itent -VI-F.1 MINUTES ITEM #62019 Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 26, 2012. Voting: 8-0 Council Members Yoting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice MayoY Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent.• Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 -46- ADOPTAGENDA FOR FORMAL SESSION ITEM #62020 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION July 3, 2012 -47- Item -VI-I.I ORDINANCES/RESOLUTIONS ITEM #6202I Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY CONSENT, Resolution APPOINTING Amanda H. Finley-Barnes as Chief Deputy City Clerk Voting.• 8-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Coaincil Members Absent: Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 1 2 3 4 5 6 7 8 9 10 11 A RESOLUTION APPOINTING AMANDA H. FINLEY-BARNES TO THE POSITION OF CHIEF DEPUTY CITY CLERK BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to § 2-77 of the City Code, Amanda H. Finley-Barnes is hereby appointed to the position of Chief Deputy City Clerk, effective July 1, 2012. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rdday of July , 2012. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: L?y?•Y ity Clerk ? • - City Attorney's Office CA12330 R-1 June 26, 2012 -48- Iteni -VI-I PLANNING ITEM #62022 1. GREGG E. and TONI L. CHRISTOFFERSEN EXPANSION/NONCONFORMING and WINNETT and NANCYHAGINS USE 2. THE RUNNYMEDE CORPORATION STREET CLOSURE 3. U.S. FISHAND WILDLIFESERVICE/ VARIANCE MELVA W. BROWN 4. MOORE FARM, L.L.P CONDITIONAL USE PERMIT 5. ELLEN R. HANCOCK CONDITIONAL 6. C.A.R.E.S., INC./MARKHACKATHORN CONDITIONAL USEPERMIT 7. CORDONR. and BEVERLYH. PATRICK CONDITIONAL USE PERMIT 8. VIRGINIA SEAGULL TRAVEL BUS, INC./ CONDITIONAL USE PERMIT OVERTONS MARKETS 9. CAR CHOICE ENTERPRISE, INC/ CONDITIONAL USE PERMIT 5001 VIRGINIA BEACHASSOCIATES, LLC 10. JAMES SA WH/GERALD E. SNYDER CONDITIONAL USE PERMIT and REGINA SNYDER 11. ANTHONY and ALYIAH PETERKIN/ CONDITIONAL USE PERMIT J & JINVESTMENT 12. OLD BEACH GREENMARKET CONDITIONAL USE PERMIT July 3, 2012 -49- Item -VI-I PLANNING 13. NATHANB. HUDSON/HOLLAND PLAZA SHOPPING CENTER, LLC ITEM # 62022 (Continued) 14. HABITAT FOR HUMANITYSOUTH HAMPTON ROADS 15 . BEILER PROPERTIES, INC. 16. VIRGINIA BEACH RACQUET CL UB NORTH 17. LAKE GEMD8, LLC 18. NEW CINGULAR WIRELESS PCS, LLC T/.4 AT&T/VA STORAGE CO., LLC 19. CITY OF VIRGINIA BEACH a. Historic and Cultural Districts: b. Definition of "cemetery" c. Temporary Signs d. Criteria for Proffers in Conditional Zoning CONDITIONAL USE PERMIT CHANGE OF ZONING CHANGE OF ZONING MOFIFICATION OF CONDITIONS MODIFICATION OF CONDITIONS MODIFICATION OF CONDITIONS AMEND ZONING ORDINANCE July 3, 2012 -50- Item -VI-I PLANNING ITEM #62023 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2, 3, 4, S, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17(DEFERRED INDEFINATELY), 18 and 19a(DEFERRED INDEFINATELY)/b/c(DEFFERED TO JULY 10, 2012)/d of the PLANNING AGENDA. Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, JY., John E. Uhrin and .Iames L. Wood Council Members Voting Nay: None Council Members Absent.• Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 -51- Item -VI-J.1 PLANNING ITEM #62024 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of GREGG E. and TONI L. CHRISTOFFERSEN and WINNETT and NANCY HAGINS for the Expansion of a Nonconforming Use re two single family dwellings at 304 49th Street DISTRICT 6- BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of GREGG E. and TONI L. CHRISTOFFERSEN and WINNETT and NANCY HAGINS for the Expansion of a Nonconforming Use re two single family dwellings at 304 49th Street (GPIN 24188832770000) DISTRICT 6 - BEACH The following conditions shall be required: The location of the second-story addition and related exterior renovations to the existing structure shall substantially conform to the submitted Site Plan, entitled "Physical Survey, 304 49th Street, a Condominium being Lot 192, Map of the Hollies, M.B. 268, P. 67, Virginia Beach, Virginia ", dated September 15, 2011, and prepared by Gallup Surveyors and Engineers. Said Site Plan has been exhibited to the City Council and is on file in the Planning Department. 2. The appearance of the second-story addition and related exterior renovations to the existing structure shall substantially conform to the submitted rendering, entitled "Christoffersen Renovations, Front Elevation, 304 49th Street, dated March 30, 2012 ". Said rendering has been exhibited to the City Council and is on file in the Planning Departinent. 3. Prior to approval of a Building Permit, the applicant shall submit documentation suitable to the Building Official that the existing foundation can structurally support the proposed second story. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the Ciry Council of the City of Virginia Beach, Virginia, on the ThiYd day of July, Two Thousand Twelve July 3, 2012 -52- Iteni -VI-J.1 PLANNING ITEM #62024(Continued) Voting: 8-0 (By Consent) Council Members Voting Aye: William R`Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Coaincil Members Tjoting Nay: None Council Members Absent: Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 304 49T" STREET WHEREAS, Gregg E. and Toni L. Christoffersen, (hereinafter the "Applicants") have made application to the City Council for authorization to enlarge a nonconforming use located at 304 49th Street in the R-7.5 Residential District by enlarging one of the two single-family dwellings on the lot; and WHEREAS, this lot contains two single-family dwellings, which is not allowed in the R-7.5 Residential District. However, the single-family dwellings are nonconforming as they were both built prior to the adoption of the applicable zoning regulations; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement of a nonconforming use is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed use, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed use, as enlarged, will be equally appropriate to the district as is the existing nonconforming use under the conditions of approval set forth hereinbelow. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the enlargement of the nonconforming use is hereby authorized, upon the following conditions: 1. The location of the second-story addition and related exterior renovations to the existing structure shall substantially conform to the submitted site plan entitled "Physical Survey, 304 49th Street, A Condominium being Lot 192 Map of the Hollies, M.B. 268, P. 67, Virginia Beach, Virginia", dated September 15, 2011, and prepared by Gallup Surveyors and Engineers. Said site plan has been exhibited to the City Council and is on file in the Planning Department. 2. The appearance of the second-story addition and related exterior renovations to the existing structure shall substantially conform to the submitted rendering, entitled "Christoffersen Renovations, Front Elevation, 304 49th Street, dated March 30, 2012," Said rendering has been exhibited to the City Council and is on file in the Planning Department. 46 47 48 49 50 51 3. Prior to approval of a Building Permit, the applicant shall submit documentation suitable to the Building Official that the existing foundation can structurally support the proposed second story. CA12327 R-1 June 25, 2012 Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of July , 2012. ? . ?;` . 1 G 'i Planning Tpartrn6nt City Attorney's Office ` APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: 4 C ? V •? f A ? ? ? •? ? E o; F? ? I ti Q W ? N ? ? ? C .,. ? 42 c 0 ts 1 ? Sd ` ? ? O y ` 4 Z? j OO . ,(L N oa . Q U •a?"„ 3 0 ca •? d N G, . V? -53- Iterrt -VI-J.2 PLANNING ITEM #62025 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of THE RUNNYMEDE CORPORATION re Closure of an unimproved portion of Cleveland Street at Clearfield Avenue DISTRICT 6- BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of THE RUNNYMEDE CORPORATION re Closure of an unimproved portion of Cleveland Street at Clearfield Avenue DISTRICT 6 - BEACH The following conditions shall be required: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The applicant shall enter into an Exchange Agreement with the City to convey a portion of its property, of approximately the same size as the property subject to this street closure, to the City at no cost. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. The applicant shall verify that no private utilities exist within the right- of-way proposed for closure. Preliminary comments from the utility companies indicate that theYe are no private utilities within the right-of- way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right- of-way, this approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Third day of July, Two Thousand Twelve July 3, 2012 -54- Iteni - VI-J.2 PLANNING ITEM # 62025 (Continued) Voting.• 8-0 (By Consent) Council Members Yoting Aye: William R. "Bill " DeSteph, 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: Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 1 ORDINANCE APPROVING APPLICATION OF 2 THE RUNNYMEDE CORPORATION FOR 3 THE CLOSURE OF AN UNIMPROVED 4 PORTION OF CLEVELAND STREET 5 6 WHEREAS, The Runnymede Corporation (the "Applicant") applied to the 7 Council of the City of Virginia Beach, Virginia, to have the hereinafter described 8 unimproved right-of-way discontinued, closed, and vacated; 9 10 WHEREAS, the City needs to acquire additional property in connection 11 with the Greenwich Road/Cleveland Street Crossover (CIP 2-401) from Applicant; 12 13 WHEREAS, the City and Applicant are currently negotiating an Exchange 14 Agreement in which the City will convey to Applicant the closed right-of-way in 15 exchange for a portion of the Applicant's property; and 16 17 WHEREAS, it is the judgment of the Council that said unimproved right-of- 18 way be discontinued, closed, and vacated, subject to certain conditions having been 19 met on or before one (1) year from City Council's adoption of this Ordinance. 20 21 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 22 Virginia Beach, Virginia: 23 24 SECTION I 25 26 That the hereinafter described unimproved right-of-way be discontinued, 27 closed and vacated, subject to certain conditions being met on or before one (1) year 28 from City Council's adoption of this ordinance: 29 30 All that certain piece or parcel of land situate, lying and being 31 in the City of Virginia Beach, Virginia, designated and 32 described as the shaded area, described as "DENOTES 33 PORTION OF CLEVELAND STREET TO BE CLOSED, 34 AREA = 34,406 S.F. OR 0.790 AC.",as shown on that certain 35 plat entitled: "EXHIBIT SHOWING A PORTION OF 36 CLEVELAND STREET TO BE CLOSED (M.B. 116, PG. 42) 37 VIRGINIA BEACH, VIRGINIA" Scale: 1" = 100', dated March 38 30, 2012, prepared by MSA, P.C., a copy of which is 39 attached hereto as Exhibit A. 40 41 NO GPIN (RIGHT-OF-WAY) 1 42 SECTION II 43 44 The following conditions must be met on or before one (1) year from City 45 Council's adoption of this ordinance: 46 47 1. The City Attorney's Office will make the final determination 48 regarding ownership of the underlying fee. The Applicant shall enter into an Exchange 49 Agreement with the City to convey a portion of its property, of approximately the same 50 size as the property subject to this street closure, to the City at no cost. 51 52 2. The Applicant shall resubdivide the property and vacate internal lot 53 lines to incorporate the closed area into the adjoining parcels. The Applicant shall 54 dedicate a variable width permanent public utility easement and a variable width 55 temporary construction easement along the southernmost portion of applicants adjacent 56 parcel (GPIN 1467-55-6189), as established by the Department of Public Works and 57 satisfactory to the City Attorney. The plat must be submitted and approved for 58 recordation prior to final street closure approval. 59 60 3. The Applicant shall verify that no private utilities exist within the 61 right-of-way proposed for closure. Preliminary comments from the utility companies 62 indicate that there are no private utilities within the right-of-way proposed for closure. If 63 private utilities do exist, easements satisfactory to the utility company must be provided. 64 65 4. Closure of the right-of-way shall be contingent upon compliance 66 with the above stated conditions within 365 days of approval by City Council. If the 67 conditions noted above are not accomplished and the final plat is not approved within 68 one year of the City Council vote to close the right-of-way this approval shall be 69 considered null and void. 70 71 SECTION III 72 73 1. If the preceding conditions are not fulfilled on or before July 2, 2013, 74 this Ordinance will be deemed null and void without further action by the City Council. 75 76 2. If all conditions are met on or before July 2, 2013, the date of final 77 closure is the date the street closure ordinance is recorded by the City Attorney. 78 79 3. The City Manager or his designee is authorized to execute whatever 80 documents are necessary to convey the City's interest in the underlying fee to 81 Runnymede in accordance with the Exchange Agreement provided said documents are 82 approved by the City Attorney's Office. a 83 84 85 86 87 88 89 90 91 SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and THE RUNNYMEDE CORPORATION, as "Grantee." 3 r d Adopted by the Council of the City of Virginia Beach, Virginia, on this day of J u 1 y , 2012. APPROVED AS TO LEGAL SUFFICIENCY: &,&Mj-M r City Attorney CA11978 R-1 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\W pdocs\D020\P013\00024567.DOC June 25, 2012 3 APPROVED AS TO CONTENT: LOCATION MAP M?/W clk 'lmar.te iDioasE oF ROtta? (lLB 2774, PC 2113) !iOT A-1 ? ,-?PG. -? it ? App¢QxaA4jr 30- RAw VAIR UNE RV:r-?OF-wAr oF t&5PMXD NuIN . (jw.a im m 3) B€Ac RaCCA 7O OTH SPARAiE ?? LM FEp Lf3CAiED ? YAWHE 449[iTihf ORAMGE FA%JXNT 6y USA P C oN (D8 2979L PC, 19M). (a 2% PG 77) sEPM1M 2t, - ? Runnymede Property ,I ? ? ? ?. ? aTr Cr WROM aACH (t?? Jj2JL Pc 179) ?' 74 Pr- 31 aPO $46r 45- ? ? ?O.A w? 11 y ? ? ; milr I dTY OF IVA BEAtH (MM 2Ml?I24130) (NiSiR ?'! =3GDOi021w) J1(o Gm fi'?cfvvcE Ir tau , ? - vx40' E45flENr fm Ramrt u rAm? mAilh' {DA x6, K T"} tM AA 34 M 351, M1rt d? MM) D€NO1ES PORiaQN OF Ci.EllELAWb S1'R£ET TOr BE C14sE3. AREA • 34,4U6 S.F O2 0.794 AC. SEE SHEEfi 2 0F 2 FOR CLlRVE TA81.E MO? SWfMG - - A PWr,W Ur ? ??? $TIM {?R PAP.'CQ. 8 (If.B I K F+? 42) Q* 0401-*418Y 4ftW'r-*tiV4 . ?v ? R=2Q.OQi L=35.20' ? , V Runnymede Property 2306 -55- Iten1 -VI-J.3 PLANNING ITEM #62026 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for the U.S. FISHAND WILDLIFE SERVICE/MELVA W. BROWN re conveyance of Parcel 2-A to be ADDED to the Back Bay National Wildlife Refuge at 3652 Muddy Creek Road (DISTRICT 7- PRINCESS A1VNE ROAD) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for the U.S. FISH AND WILDLIFE SERVICE/MELVA W. BROWN re conveyance of Parcel 2-A to be ADDED to the Back Bay National Wildlife Refuge at 3652 Muddy Creek Road (GPIN 2422211163) (DISTRICT 7- PRINCESS ANNE The following conditions shall be required: The site shall be developed substantially in accordance with the submitted Subdivision Plan entitled "Preliminary Subdivision Plan of Parcel 2(Instr. No. 200305280082016), Property of Melva W. Brown (D.B. 4499, Pg. 500, M.B. 2, Pg. 34), Virginia Beach, Virginia, " dated December 3, 2011, prepared by WoolpeYt. Said Plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on fzle in the Planning Department. This Ordinance shall be effective in accoYdance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Third day of July, Two Thousand Twelve July 3, 2012 -56- Itenz -VI-J.3 PLANNING ITEM #62026 (Continued) TTOting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 -57- Item -VI-J.4 PLANNING ITEM #62027 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of MOORE FARM, L.L.P. for a Conditional Use Permit re a child care center at 925 Diamond Springs Road DISTRICT 2- KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of MOORE FARM, L.L.P. for a Conditional Use Permit re a child care center at 925 Diamond Springs Road (GPIN 1468357321) DISTRICT 2- KEMPSVILLE The following conditions shall be required: 1. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department, the Fire Department and the Department of Social Services before operation of the facility and a business license is issued. 2. Signage for the site is limited to a freestanding monument style sign, no more than eight (8) feet in height. The applicant may utilize the existing sign base. Building signage is limited to that which is permitted in the City Zoning OYdinance. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the Ciry Council of the City of Virginia Beach, Virginia, on the Third day ofJuly, Two Thousand Twelve July 3, 2012 -58- Iten7 -VI-J.4 PLANNING ITEM #62027Continued) Voting: 8-0 (By Consent) Council Members Tjoting Aye: William R. "Bill " DeSteph, 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 Poting Nay. None Council Members Absent: Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 -59- Iteni -VI-J.5 PLANNING ITEM #62028 Upon motion by Vice Mayor Jones, seconded by Councilman DyeY, City Council APPROVED/CONDITIONED, BY CONSENT, Application of ELLEN R. HANCOCK for a Conditional Use Permit re a residential kennel at 5520 Aurora Drive DISTRICT 4- BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ELLEN R. HANCOCK for a Conditional Use Permit re a residential kennel at 5520 Aurora DYive (GPIN 1469356312) DISTRICT 4 - BAYSIDE The following conditions shall be required.• No more than five (5) adult dogs shall reside on the pYOperty at any time. 2. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 3. The dogs shall be current on all required immunizations and shall be properly licensed through the City of Virginia Beach. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the Ciry Council of the City of Virginia Beach, Virginia, on the Third day of July, Two Thousand Twelve July 3, 2012 -60- Itein -VI-J.5 PLANNING ITEM # 62028(Continued) Yoting: 8-0 (By Consent) Coz.cncil Members Voting Aye: William R. "Bill" DeSteph, 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.• Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 -61- Item -VI-J.6 PLANNING ITEM #62029 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED BY CONSENT, Application of C.A.R.E.S., INC./MARK HACKATHORN for a Conditional Use Permit re a residential kennel at 2701 Shirley Landing Drive DISTRICT 7 - PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application HACKATHORN for a Conditional at 2701 Shirley Landing Drive (i PRINCESS ANNE The following conditions shall be required: of C.A.R.E.S., INC./MARK Use Permit re a residential kennel :PIN 1398319811) DISTRICT 7 - 1. No more than fifteen (15) adult dogs shall be permitted to live on the property at any time. 2. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 3. All dogs shall be cuYrent with all required immunizations and shall be properly licensed through the City of ViYginia Beach. 4. No land disturbance, or dog Yuns, shall be peYmitted within the fifty (50) foot Southern WateYSheds Management Area buffer. 5. The kennel building shall have a footprint no greater than 3, 000 square feet, shall have an earth tone exterior color and shall be limited to no more than forty-two (42) feet in height. The location of the building shall be in substantial conformance with the plan entitled, " Lot 4, Shirley Landing, " prepared by Mel Smith & Associates and is on file with the Planning Department. 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 Third day ofJuly, Two Thousand Twelve. July 3, 2012 -62- Item -VI-J.6 PLANNING ITEM #62029 (Continued) Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 -63- Iteni -VI-J.7 PLANNING ITEM #62030 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of GORDON R. and BEVERLY H. PATRICK for a Conditional Use Permit re development of a townhome style condominium community at 3607, 3613, and 3617 Shore Drive DISTRICT 4- BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of GORDON R. and BEVERLY H. PATRICK for a Conditional Use Permit re development of a townhome style condominium community at 3607, 3613, and 3617 Shore Drive. (GPIN 1489583864, 1489582894, 1489582833) DISTRICT 4- BAYSIDE The following conditions shall be required.• The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout Plan of DuPont Circle Condos " prepared by MSA, P. C. and dated 05116112. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The buildings shall be constructed in substantial accordance with the submitted elevations entitled "DuPont Circle Unit 5/Shore Drive View, DuPont Circle Unit 51Parking Area view, DuPont Circle Unit S/End Unit, DuPont Circle Unit 2/Front View, and DuPont Circle Unit 2/Side View ". Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Building materials shall consist of fiber-cement board siding and architectural gYade roofing shingles. Brick skirting shall cover the foundation. The windows, doors, railings and columns shall be vinyl clad. 4. The HVAC units and trash receptacles shall be screened from view with landscaping or fencing. 5. The applicant shall install a six (6) foot high privacy fence with brick columns and landscaping along Shore Drive. A four(4) foot high decorative fence with brick columns and landscaping, oY decorative pergolas, shall be installed in the open area of the site adjacent to DuPont Circle. 6. All landscaping on the site shall adhere to the landscape recommendations in the Shore Drive Corridor Plan Appendices. The applicant shall use pavers in the surface parking spaces to lessen impervious cover on the si2e. July 3, 2012 -64- Item -VI-J.7 PLANNING ITEM # 62030(Continued) 8. The existing property lines shall be vacated via a resubdivsion plat. A one (1)- foot no ingress/egress easement along Shore Drive may be required during detail subdivision review. 9. The applicant, as agreed upon, shall work with the Environment and Sustainability Office to determine an appropriate donation to the Live Oak Fund to help offset loss of the live oaks on the site, and to have the logs of the trees set aside for Friends of Live Oaks httt) •//wtitiiv.friendsofliveoaks.orQ This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Third day ofJuly, Two Thousand Twelve. Voting: 8-0 (By Consent) Coi.incil Members Yoting Aye: William R. "Bill " DeSteph, 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: Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 -65- Itein -VI-J.8 PLANNING ITEM #62031 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED/, BY CONSENT, Application of VIRGINIA SEAGULL TRAVEL BUS, INC./ OVERTONS MARKETS, for a Conditional Use Permit re a passenger transportation terminal at 313 and 329 Kellam Road DISTRICT 4- BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of VIRGINIA SEAGULL TRAVEL BUS, INC./ OVERTONS MARKETS, for a Conditional Use Permit re a passenger transportation terminal at 313 and 329 Kellam Road (GPINs 1477265050; 1477256763) DISTRICT 4- BAYSIDE The following conditions shall be requiYed: The hours of operation for ticket sales are daily from 12:00 P.M. (noon) until S: 00 P.M. and from 11: 30 P.M. until the bus departs (approximately 12: 30 A.M., midnight). 2. There shall be no more than one (1) bus arriving and departing per day during the arrival and departure period between 11: 30 P.M. and approximately 12: 00 A.M. (midnight). 3. The bus shall only stop for loading and unloading of passengers in the area designated by the applicant for loading and unloading. Such area consists of the portion of the parking lot at 313 Kellam Road (Four Seasons Chinese Grocery) that is North of the building and adjacent to the intersection of Kellam Road and Broad Street. No bus shall stop for loading and unloading passengers on Kellam Road or Broad Street or within the parking lots of 325, 329 or 333 Kellam Road nor shall any bus be parked or stored in any of these areas. 4. There shall be no buses stopped, parked or stored at the designated loading and unloading area (313 Kellam Road) except during the designated time for the passenger loading and unloading (specified in Condition 2). 5. There shall be no passenger transfers or connections onto other buses conducted onsite. 6 There shall be no repair service or maintenance activities peYformed at eitheY 313 or 329 Kellam Road. The applicant shall provide a waiting area with seating within the building at 329 Kellam Road. A sign within the building shall indicate that between the hours of 1 D: 30 P.M. and 12: 30 A.M. the waiting area is only for the use of departing passengers and those waiting for arriving passengers. 8. The existing restrooms shall be available between the hours of 10:30 P.M. and 12: 30 A.M. for departing passengers and those waiting for arriving passengers. July 3, 2012 -66- Itenz -VI-J.8 PLANNING ITEM # 62 031 (Co n tin u ed) 9. The applicant shall install signs inside the building at 329 Kellam Road informing depaYting passengers and those waiting for arriving passengers that personal vehicles shall be parked only within the parking lot at 313 Kellam Road (Four Seasons Chinese Grocery). The applicant shall also install a sign (that is of traffic control sign style and material quality) with the same information in the designated loading and unloading area of the parking lot at 313 Kellam Road. 10. The applicant shall obtain all necessary permits, inspections, and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 11. Administrative review of this Use Permit shall be conducted once a year (from the date of City Council approval) by the Zoning Administrator. This OYdinance 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 Third day of July, Two Thousand Twelve. Voting: 8-0 (By Consent) Council MembeYS Tjoting Aye: William R. "Bill " DeSteph, 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: Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 -67- Item -VI-J.9 PLANNING ITEM #62032 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of CAR CHOICE ENTERPRISE, INC15001 VIRGINIA BEACHASSOCIATES, LLCfor a Conditional Use Permit re motor vehicle sales and service at 5001 ViYginia Beach Boulevard DISTRICT 4- BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CAR CHOICE ENTERPRISE, INC/SOOl VIRGINIA BEACH ASSOCIATES, LLC for a Conditional Use Permit re motor vehicle sales and service at 5001 Virginia Beach Boulevard (GPIN I4 7 7041 959) DISTRICT 4- BAYSIDE The following conditions shall be required: When the site is redeveloped as auto sales and service, it shall be in substantial conformance with the conceptual Site Plan entitled, "#5001 Virginia Beach Blvd, Virginia Beach, Virginia, " dated February 23, 2012, prepared by WPL, with the exception of the following.• a. A minimum ten (10)- foot wide streetscape landscape strip shall be installed along Virginia Beach Boulevard and shall include the required plant material in accordance with streetscape landscaping per the Virginia Beach Landscaping Guide b. Large species shade trees shall be installed to meet the Display Area plant material requiYement and shall be spaced in accordance with the Virginia Beach Landscaping Guide. c. Additional large shade trees shall be installed within the Display Area along the eastern property line in an effort to reduce heat island effect. The applicant shall coordinate with the DSC Landscape Architect to determine an acceptable location of said plantings but shall be at least two (2) areas of at least 155 square feet in size within the display area. 2. When the building is constructed, it shall be in substantial conformance with the three (3) elevations entitled, "Car Choice Headquarters Building, " dated 2121112, prepared by Thad A. Brown. 3. The area labeled as "Turf Area" shall remain as open space with only turf. No parking, storage or service of vehicles shall be permitted in this area. 4. No unloading or loading of trucks and/or caY carriers shall be peYmitted within any rights-of-way. All loading and unloading shall be only on-site. 5. AZZ required parking spaces must be marked (painted) clearly on the site, including installing the required handicap spaces in accordance with Americans with Disabilities Act (ADA) i°egulations. July 3, 2012 -68- Item -VI-J.9 PLANNING ITEM #62032(Continued) 6 Any new freestanding sign shall be monument style, no higher than eight (8) feet with a base to match the proposed building in terms of color and mateYials. A landscaped area, a minimum of seventy-five (75) square feet, must be installed around the base of any new freestanding sign. All auto repair work must be conducted inside the building/no repair of automobiles shall be permitted on the site, and no outside storage of paYts, equipment or wrecked or inoperative vehicles is permitted. 8. No outside paging system shall be permitted. 9. No barbed wire, razoY wire or any other fencing devices shall be installed on the roof or walls of the building or on the fence surrocsnding the property. 10. According to Section 237 of the City Zoning OYdinance (CZO), all outdoor lights shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from all adjoining properties. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 11. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs or other similar moving devices on the site or the vehicles. There shall be no signs which are pasted or attached to utility poles, trees or fences or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. This Ordinance shall be effective in accordance with Section 1076) of the Zoning Ordinance. Adopted by the Ciry Council of the City of Virginia Beach, Virginia, on the Third day ofJuly, Two Thousand Twelve. Voting.• 8-0 (By Consent) Coitncil Members Voting Aye: William R. "Bill " DeSteph, 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 Yoting Nay: None Coitncil Members Absent.• Glenn R. Da>>is, John D. Moss and Rosemary Wilson July 3, 2012 -69- Item -1/I-110 PLANNING ITEM #62033 Upon motion by Vice Mayor Jones, seconded by Councilman DyeY, City Council APPROVED/CONDITIONED, BY CONSENT, Application of JAMES SAWH/GERALD E. SNYDER and REGINA SNYDER for a Conditional Use Permit re automotive repair at 5564 Virginia Beach Boulevard ISTRICT 2 - KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of JAMES SAWH/GERALD E. SNYDER and REGINA SNYDER for a Conditional Use Permit re automotive repair at 5564 Virginia Beach Boulevard (GPIN 1467382684) DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. Consistent with Section 224 of the City of Virginia Beach Zoning Ordinance (CZO), the addition of Category VI landscape buffer, including a solid fence with a minimum height of six (6) feet, shall be installed along the Northern property line (approximately eighty-one (81) feet). 2. A solid fence with a minimum height of six (6) feet shall be installed along the Eastern property line the length of the auto repair garage operation and lease line (approximately 375 feet). 3. Consistent with Section 224 of the City of Virginia Beach Zoning Ordinance (CZO) and in an effort to protect the adjacent properties from light pollution, all outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 4. No inoperable vehicles shall be permitted on site. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 5. All auto repairs must take place inside the buildings. 6 No outside storage of equipment, parts, tires or materials shall be permitted. All junk (including inoperable vehicles), debris, parts, old tires or other discarded items must be removed from the site. 8. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the fence surrounding the property. July 3, 2012 -70- Itenz -VI-J.10 PLANNING ITEM #62033(Continued) This Ordinance shall be effective in accordance with Section 107()q of the Zoning Ordinance. Adopted by the Ciry Council of the City of ViYginia Beach, Virginia, on the Third day of July, Two Thousand Twelve. Voting.• 8-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 -71- Item -VI-J.ll PLANNING ITEM #62034 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of ANTHONY and ALYIAH PETERKIN/ J& JINVESTMENT, for a Conditional Use Permit re truck and trailer rentals at 649 Newtown Road DISTRICT 2 - KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ANTHONY and ALYIAH PETERKIN/ J& JINVESTMENT, for a Conditional Use Permit re truck and trailer rentals at 649 Newtown Road (GPIN 1468313784) DISTRICT 2- KEMPSVILLE The following conditions shall be required.• The truck and trailers shall be parked within the aYea depicted on the Site Plan in this Yeport (page 6). The parking area is adjacent to the southern landscape island that defines the entrance from Newtown Road. Tjehicles that exceed eighteen (18) feet in length shall be parked in the parking space area directly South of the area designated on the Plan. 2. There shall be no vehicle/trailer repair, maintenance and or cleaning and washing of vehicles/traileYS on the site. 3. There shall be no signs which contain or consist of pennants, ribbons, stYeamers, spinners, strings of light bulbs or other similar moving devices on the site or the vehicles. There shall be no signs which are pasted or attached to utility poles, tree or fences or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs or electronic display signs on the site. This Ordinance shall be effective in accordance with Section 107(/) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Third day of July, Two Thousand Twelve. July 3, 2012 -72- Iteni -VI-J.11 PLANNING ITEM #62034(Continued) Voting: 8-0 (By Consent) Coiincil Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, BarbaNa M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members VotingNay: None Council Members Absent: Glenn R. Davis, John D. Moss and Rosemary Wilson Jul}, 3, 2012 -73- Item -VI-J.12 PLANNING ITEM #62035 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of OLD BEACH GREEN MARKET for a Coraditional Use Permit re an outdoor "Green Market" at 1909 Cypress Avenue DISTRICT 6- BEACH The following conditions shall be required: Operation of the market shall occur only once per week, on Saturday, between 8: 00 A.M. and 1: 00 P.M., during the months of May through December. 2. Trash and recycling receptacles shall be located at the entrances/exits to the market and at other locations on the site as determined by the operator of the market. The site shall be cleared of trash at the conclusion of each market day and all receptacles shall be removed and contents properly disposed of at the end of each maYket day. 3. Parking for the Market may occur on the site in the designated parking area or within the Convention Center parking areas on the South side of 19th Street. 4. The only items to be sold at the market shall be eco friendly (sustainably and ethically made). 5. The Zoning Administrator shall review this Use Permit on an annual basis to determine if there have been any issues during the prior season of operation that negatively impact on the compatibility of the use with the surrounding area to the extent that a re-evaluation of the Use Permit is necessary. If so, the Use Permit shall be Ye-evaluated by Planning Department staff, who shall recommend appropriate action to the Planning Commission and City Council 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 Third day of July, Two Thousand Twelve. July 3, 2012 -74- Item -VI-J.12 PLANNING ITEM #62035(Continued) Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council MembeNS Yoting Nay: None Council Members Absent.• Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 -75- Item -VI-J.13 PLANNING ITEM #62036 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of NATHAN B. HUDSON/HOLLAND PLAZA SHOPPING CENTER, LLC, for a Conditional Use Permit re indoor recreation, "Doodles Inflatable Fun ", at 4308 Holland Road DISTRICT 3- ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA OYdinance upon Application of NATHAN B. HUDSON/HOLLAND PLAZA SHOPPING CENTER, LLC, for a Conditional Use Permit re indoor recreation, "Doodles Inflatable Fun ", at 4308 Holland Road (GPIN 1476975252) DISTRICT 3- ROSE HALL The,following conditions shall be required: The applicant shall obtain and/or update all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning OYdinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Third day ofJuly, Two Thousand Twelve. Tloting.• 8-0 (By Consent) Coztncil Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, M. Henley, Vice Mayor Louis R. Jones, Mayo John E. Uhrin and James L. Wood Council Members Yoting Nay: None Council Members Absent.• Robert M. Dyer, Barbara r William D. Sessoms, Jr., Glenn R. Davis, John D. Moss ancl Rosemaiy yVilson July 3, 2012 -76- Itenz -VI-J.14 PLANNING ITEM #62037 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/PROFFERED, BY CONSENT, Application of HABITAT FOR HUMANITY SOUTH HAMPTON ROADS for a Change of Zoning District Classification from R-SD Residential Duplex to Conditional R-2.5 Residential to develop townhouses at 4957 Bonney and Kenley Roads DISTRICT 4- BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of HABITAT FOR HUMANITY SOUTH HAMPTON ROADS for a Change of Zoning District Classification from R-SD Residential Duplex to Conditional R-2.5 Residential to develop townhouses at 4957 Bonney and Kenley Roads (GPIN 1477013074) DISTRICT 4 - BAYSIDE An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. Thi.s Ordinance shall be effective in accoYdance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginicz, on the Third day ofJuly, Two Thousand Twelve. Voting: 8-0 (By Consent) Council Members VotingAye: William R`Bill " DeSteph, 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 Tjoting Nay: None Coacncil Members Absent: Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 -77- Iteni -VI-J.I S PLANNING ITEM #62038 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council DENIED, BY CONSENT, Application of BEILER PROPERTIES, INC. for a Change of Zoning District Classification fYOm R-1 S Residential to Conditional R-7.5 Residential to develop Phase Two of an existing residential neighborhood at 2301 Salem Road DISTRICT 7- PRINCESS ANNE Adopted by the City Council of the City of Virginia Beach, Virginia, on the Third day ofJuly, Two Thousand Twelve. Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council MembeYS Voting Nay: None Council Members Absent: Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 -78- Item -VI-J.16 PLANNING ITEM #62039 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED/CONDITIONED, BY CONSENT, Application of VIRGINIA BEACH RACQUET CLUB NORTH for Modification of Conditions re DELETING Condition No. 7 which prohibits signs; ALLOW indoor recreational activities, other than tennis and renovation of the existing restroom/utility structure at 1950 and 1951 Thomas Bishop Lane DISTRICT S- LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of VIRGINIA BEACHRACQUET CLUB NORTH for Modification of Conditions re DELETING Condition No. 7 which prohibits signs; ALLOW indooY recreational activities, other than tennis and renovation of the existing restroom/utility structure at 1950 and 1951 Thomas Bishop Lane (GPIN1499566287; 1499561357; 1499-46-9641) DISTRICT 5 - LYNNHAVEN The following conditions shall be required: Permit granted by the City Council on October 12, 2010, remain in effect. Condition Number 7 is hereby deleted. Any signage proposed for the site shall be substantially consistent with that shown on the submitted plan entitled "Building Elevations with Signage, " Sheet A202, undated, prepared by Cox, Kliewer, and Company. 2. Recreational activities, otheY than tennis, shall be permitted within the indoor tennis building located on the site. Such activities shall be limited to games, practices, tournaments and similar activities for recreational sports other than tennis. The following must be adhered to when such activities occur: a. The applicant shall have and implement a plan for each activity/event that provides measures that will be taken to ensure parking for the activity/event is prohibited in the adjacent residential area and is instead directed to the on-site parking areas, as well as the designated off-site oveYflow parking areas. If the Zoning Administrator determines that the activities/events occurring on the site are having an adverse impact on the adjacent neighborhood in regard to traffic, overflow parking, and noise, the Zoning Administrator, at his or her discretion, shall notify the applicant of the need for a reconsideration of Condition 2 of this Use Permit. b. As specified in Section 501 in the description of this use, all activity shall occur within the building. There shall be no outdoor speakers, pennants, balloons, streamers, or similar items outside the building or attached to the building, nor shall there be any loudspeakers or unamplified music outside the building. 3. The restroom/utility structure proposed for the portion of the site West of Thomas Bishop Lane shall be located and constructed as depicted on the submitted plans entitled, "Renovation to Virginia Beach Tennis and Country Club, Utility Building, Thomas Bishop Lane, Virginia Beach, Virginia, " Sheets TI01, A101, and A102, dated 10/12/11 and 4125112, and prepared by Cox, Kliewer, and Company. July 3, 2012 -79- Item -VI-J.16 PLANNING ITEM #62039(Continued) This Ordinance shall be effective in accordance with Section 107(/) of the Zoning Ordinance. Adopted by the Ciry Council of the City of Virginia Beach, Virginia, on the Third day ofJuly, Two Thousand Twelve. Voting.• 8-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, MayoY William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 -80- Item -VI-J.17 PLANNING ITEM #62040 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED, INDEFINA TEL Y, BY CONSENT, Application of LAKE GEM D8, LLC for Modification of Conditions Nos. 2 and 5 re expansion of an outdoor market with retail sales and change the hours of opeYation at 2181 Upton Drive DISTRICT 7- PRINCESS ANNE ROAD Voting.• 8-0 (By Consent) Council Members Voting Aye. William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. .Iones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Coacncil Members Absent: Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 -81- Item -VI-J.18 PLANNING ITEM #62041 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIDNED, BY CONSENT, Application of NEW CINGULAR WIRELESS PCS, LLC T/A AT&T/VA STORAGE CO., LLC for Modification of Conditions to ADD flush mounted antennas with remote radio heads at 2100 McComas Way DISTRICT 7- PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of NEW CINGULAR WIRELESS PCS, LLC T/fl AT&T/VA STORAGE CO., LLC for Modification of Conditions to ADD flush mounted antennas with remote radio heads at 2100 McComas Way (GPIN24I4072637) DISTRICT 7- PRINCESS ANNE The following conditions shall be required: All conditions attached to the Conditional Use Permit granted by the City Council on August 10, 2001 remain in affect with the exception of Condition Number One (1) that was modified by the City Council on November 28, 2006 2. Condition Number One of the November 28, 2006, Conditional Use Permit modification is deleted and replaced with the following.• The existing stealth monopole tower may be Yeplaced with a standard monopole tower no greater than 100 feet in height. Either internal antennas or flush- mounted antennas painted the same color as the tower, or both, are permitted on the existing and any future tower. The existing and any future tower shall be substantially in accordance with the Site Plan prepared by the CLS Group, last revised on July 13, 2011. Said Plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. This Ordinance shall be effective in accordance with Section 107()of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the ThiYd day ofJuly, Two Thousand Twelve. July 3, 2012 -82- Itenr -VI-J.18 PLANNING ITEM #62041(Continued) Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Tloting Nay: None Council Members Absent: Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 -83- Item -VI-J.19a PLANNING ITEM #62042 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINA TEL Y, BY CONSENT, Ordinance of the CITY OF VIRGINIA BEACH to AMEND the Ciry Zoning Ordinance: a. Section 1301 re the establishment or expansion ofHistoric and Cultural Districts: Voting: 8-0 (By Consent) Council Members Troting Aye: William R"Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoins, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 -84- Item -VI-J.19b PLANNING ITEM #62043 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance of the CITY OF VIRGINIA BEACH to AMEND the Ciry Zoning Ordinance: b. Section I11 to ADD a definition of "cemetery" Yoting: 7-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Poting Nay.• None Coitncil Members Absent: Glenn R. Davis, John D. Moss and Rosemary Wilson Coasncil Members Abstaining: Vice Mayor Louis R. Jones July 3, 2012 1 AN ORDINANCE TO AMEND SECTION 111 2 OF THE CITY ZONING ORDINANCE BY 3 ADDING A DEFINITION OF "CEMETERY" 4 5 Section Amended: § 111 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 111 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 Sec. 111. - Definitions. 17 For the purpose of this ordinance, words used in the present tense shall include the 18 future; words used in the singular number include the plural and the plural the singular; 19 the use of any gender shall be applicable to all genders; the word "shall" is mandatory; 20 the word "may" is permissive; the word "land" includes only the area described as being 21 above mean sea level; and the word "person" includes an individual, a partnership, 22 association, or corporation. 23 In addition, the following terms shall be defined as herein indicated: 24 .... 25 26 Cemetery. Anv land or structure used or intended to be used for the interment of 27 human remains The sprinklinq of ashes or their burial in a biodeqradable container on 28 church arounds or their placement in a columbarium on church property shall not 29 constitute the creation of a cemete 30 31 .... COMMENT This amendment is necessitated by HB 316. The amendment provides a uniform definition of cemetery and also allows certain incidental uses, benches, walls, roads, etc, to be included in the approval of the cemetery. It also allows the approval of mausoleums, chapels, columbaria, offices and storage areas that are included in the plan of development for a cemetery, without further approvals. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of July , 2012. APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CONTENT: Plannin rtment City Attorney's Office CA12272 R-1 May 8, 2012 -85- Item -VI-J.19c PLANNING ITEM #62044 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO JULY 10, 2012, BY CONSENT, OYdinance of the CITY OF VIRGINIA BEACH to AMEND the Ciry Zoning OYdinance: c. Section 211(b)(2) re Temporary Signs Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 -86- Item -VI-J.19d PLANNING ITEM #62045 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY CONSENT, Ordinance of the CITY OF VIRGWIA BEACH to AMEND the Ciry Zoning Ordinance: d. Section 107 re the criteria for Proffers in Conditional Zoning. Voting.• 8-0 (By Consent) Council Members Voting Aye: William R`Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis, John D. Moss and Rosemary Wilson July 3, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO AMEND SECTION 107 OF THE CITY ZONING ORDINANCE PERTAINING TO CRITERIA FOR PROFFERS IN CONDITIONAL ZONING Section Amended: § 107 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 107 of the City Zoning Ordinance is hereby amended and reordained to read as follows: 17 Sec. 107. - Amendments. 18 .... 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 (h) Conditional zoning. (2) Criteria for proffers. Proffers shall only be accepted as conditions attached to the rezoning if they meet the following criteria: (1) the rezoning itself must give rise for the need for the condition; (2) such conditions shall have a reasonable relation to the rezoning; (3) all such conditions shall be in conformity with the comprehensive plan. Such conditions shall not include, however, conditions that impose the requirement to create a property owners' association which includes an express further condition that members of a property association pay an assessment for the maintenance of public facilities owned in fee by the city, including open space, parks, schools, fire departments, and other public facilities; however, such facilities shall not include sidewalks, special street signs or markers, or special street lighting in public rights-of-way not maintained by the department of transportation, and no condition shall purport to waive future leqal riqhts aqainst the city or its aqents; (4) such conditions shall be capable of being readily and effectively enforced by the City of Virginia Beach at the time of development of the property; (5) such conditions shall be deemed necessary and sufficient to offset identified problems caused by the rezoning in a manner not made available by traditional zoning methods. COMMENT This amendment is necessitated by the passage of HB 1253 by the General Assembly. It does not allow proffers that purport to waive any legal rights that the applicant has against the City or its agents. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of July , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .? l a Planni e rtment Ci y ttorney's Office CA12274 R-1 May 8, 2012 -87- ITEM VI-K APPOINTMENTS ITEM #62046 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BOARD OF BUILDING CODE APPEALS COMMUNITY SER VICES BOARD HUMAN RIGHS COMMISSION TIDEWATER TRANSPORTATIONDISTRICT COMMISSION July 3, 2012 -88- Item -VI-N ADJOURNMENT ITEM #62047 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6: 08 P.M. Amanda FCMC Deputy City Clerk R th Hodges F aser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor July 3, 2012 -89- PUBLIC DIALOGUE No Citizens registered to express their concern. July 3, 2012 -88- Item -VI-N ADJOURNMENT ITEM #62047 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOIIRNED at 6: OS P.M. - I e Amanda Finley-Barnes, CMC Chief Deputy City Clerk ; th Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William 4Ses, . M ayor July 3, 2012