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Home My WebLink AboutAUGUST 28, 2012 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL M.AYOR WILL/AM D. SESSOMS, JR., At-Large V/CE MAYOR LOU/S R. JONES, Bnyside - Disd-ict 4 GLENN R. DAVIS, Rose Hnll - District 3 WlLLIAMR. DeSTIPH, At-Lnrge H,4RRY E. D/EZEL, Kempsville - Distric! 2 ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Amre - Dish ict 7 JOHND.MOSS, At-Lnrge JOHN E. UHRIN, Bench- Dish•ict 6 ROSEMARY W/LSON, At-Lnrge JAMES L. WOOD, Lvnuhnven -District S CITY COUNCIL APPOINTEES ClTY MANAGER - JAMES K. SPORE C/TYATTORNEY- MARK D. STILES GTY ASSESSOR - JERALD D. BANAGAN C/TY A UDITOR - L YNDON S. REM/AS I r'!TV!'7 FRK- R/ITHHn/]CF.C FRA.CRR MMC I. II. CITY COUNCIL BRIEFING - City Council Chamber - 3:00 PM A. ECONOMIC DEVELOPMENT PRESENTATION Warren Harris, Director, Department of Economic Development CITY MANAGER BRIEFINGS - Conference Room - A. HUMAN SERVICES CHILD WELFARE DIVISION - CORRECTIVE ACTION PLAN Cindy Curtis, Deputy City Manager III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 4:00 PM 5:00 PM CITYHALL BUlLDING 1401 COURTHOUSE DRIVE CITY COUNCIL AGENDA VIRGINlA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 28 AUGUST 2012 E-MAIL: Crycncl@vbgov.com VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS l. KING NEPTUNE XXXIX and HIS COURT Nancy A. Creech, President and CEO, Neptune Festival 2. RESOLUTION TO COMMEMORATE AUGUST 28, 2012 "Master Gunnery Sergeant Jimmy M. Hargrove Day" 1. PUBLIC HEARINGS August 14, 2012 1. ACQUISITION OF PROPERTIES BY AGREEMENT OR CONDEMNATION a. Burton Station Road b. Lesner Bridge 2. SALE OF EXCESS CITY-OWNED PROPERTY a. Lavergne Lane J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §§30-57/ 30-58/ 30-60/ 30-60.1/ 30-71/ 30-73/ 30-74 and 30-77 and ADD §30.62/ and 30-76.1 re soil removal and other land disturbing activities and further DEFINING Erosion and Sedimentation Control b. § 18-97 re Business License (BPOL) Exemption DEFINING producers selling their own goods 2. Ordinances to AUTHORIZE acquisition of property for right-of-way/and temporary/permanent easements, by agreement or condemnation: a. Lesner Bridge Replacement b. Burton Station Infrastructure 3. Ordinances to DECLARE: a. The property at 124 Lavergne Lane EXCESS of the City's needs and AUTHORIZE the City Manager to EXECUTE an Agreement of Sell and Convey to Robert H. and Juanita M. Gordon b. The dwelling at 5405 Keystone Place "blighted and a nuisance", and AUTHORIZE a plan to DEMOLISH same and TRANSFER $14,500 to Housing and Neighborhood Preservation for this demolition 4. Ordinance to APPROPRIATE $75,000 to the Clerk of the Circuit Court re maintenance of their Electronic Recording System 5. Ordinance to ACCEPT/APPROPRIATE/and TRANSFER $32,948 re defibrillators and equipment for ambulances K. PLANNING 1. Application of ROYAL AUTO SALES, L.L.G/MAH DEVELOPMENT, L.L.C. far Modification of Conditions Nos 1 and 6(approved November 25, 2003) to allow additional vehicles "for sale" at 4928 Virginia Beach Boulevard DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 2. Application of GRACE BIBLE CHURCH for Modification of Conditions Nos 1 and 2(approved Apri124, 2007, and modified May 25, 2010) to allow a tent at 2956 Ansol Lane DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 3. Application of STIHL INCORPORATED for a Conditional Use Permit re wind energy conversion system at 825 London Bridge Road DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 4. Application of WORLD FAMOUS INK/3509 VA BEACH BLVD LLC for a Conditional Use Permit re a tattoo parlor, body piercing and permanent make-up establishment at 3509 Virginia Beach Blvd DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 5. Applications of the City of Virginia Beach to AMEND: a. The Comprehensive Plan re the Hilltop Strategic Growth Area Master Plan (July 2012) and REVISING the Policy Document RECOMMENDATION APPROVAL b. Sections 111, 203, 901 and 1521, REPEAL Section 233.3 and ADD Section 239.03 of the City Zoning Ordinance (CZO), DEFINING "Open-Air Markets," DELETING the term "Flea Markets," ADDING Open-Air Markets and DELETING Flea Markets as conditional uses in the B-2, B-3, B-3A, B-4, B-4C and RT-3 Districts and ESTABLISHING off-street parking requirements for Open-Air Markets RECOMMENDATION APPROVAL c. A Street Closure of a portion of Old Norfolk to Virginia Beach Boulevard right-of-way (also known as North Lynnhaven Road) RECOMMENDATION L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL PARKS AND RECREATION COMMISSION REVIEW AND ALLOCATION COMMITTEE - COG M. UNFINISHED BUSINESS N. NEW BUSINESS APPROVAL 0. ADJOURNMENT The Citv Council Schedule Chanzes for September September 4- Workshop - 4:00 p.m. Septeinber 11 All Sessions - ForinaUOpen Dialogue-6:00 p.rrt. SeptembeY 18 All Sessions - Formal - 6: 00 p.m. September 25 - Workshop - 2: 00 p.m. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385-4303 2012 ClTYHOLIDAYS Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day -1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 28, 2012 Mayor William D. Sessoms, Jr. called to order the CITY COUNCIL BRIEFING re ECONOMIC DEVELOPMENT PRESENTATION, in the Ciry Council Chamber, Tuesday, August 28, 2012, at 3: 00 P.M. Council Members Present.• Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemaiy Wilson and James L. Wood. Council Members Absent.• None August 28, 2012 -z- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION 3: 00 P.M. ITEM #62128 Mavor Sessoms ifztroduced Warren Harris, Director - Department of Economic Development and recognized members of the Economic Development Authority, as well as Jim Chaney, representing the Governor. Mr. Harris welcomed Secretary of Commerce Jim Cheng, along with six (6) members of the Development Authoriry who provided tremendous support to this project. Mr. Harris stated the Project being introduced today is an incredible opportunity from two large entertainment companies. Comcast-Spectacor and Live Nation joined forces to put together an excellent opportunity for the City whereby an Arena arzd entertainment venues, in addition to sporting venues, could occur within the City. The proposal is an 18,500 seat Arena to be located in the area adjacent to the Convention Center on 19th Street. A number of reports are out suggesting a formal proposal " being presented; however, due to the complexity and nature of this Project, that would be difficult to put together without a consensus from the City. What will be presented today is a"level of interest" that is second to none to work with the City in an open environment with public involvement as an important purt of the pf•ocess. Peter Lukko, President/COO - Comcast-Spectacor was in attendance and assisted in the presentation, which consisted of the following power point: August 28, 2012 -3- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62128 (Continued) OPPORTUNITY TO DEVEIOP a state of the art 18,500 seat arena Proposed by the team of COMCAST-SPECTACOR AND LIVE NATION CAPTURE MAJOR LIVE PERFORMANCE EVENTS that currently bypass the region Create a MAJOR NEW ECONOMIC GENERATOR to enhance the quality of life for residents of the City Today's Program ? ' • The Project ??F • Project Timeline ? • The Market ? ? ' • Opportunities .... . . . ?'? • The Partners ?°x ???4 • Financial Principles ?? • Economic Impact • Next Steps August 28, 2012 -4- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62128 (Continued) The Project - 18,500 seat Arena, approximately 750,000 square feet located across the street from the Convention CenteY, creating a unique synergy between the two facilities unlike anything located in the Region. This project can enhance not only the City but the Commonwealth with the activities and attention that a facility like this will bring to the City and the Commonwealth of Virginia as a whole. August 28, 2012 -5- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62I28 (Continued) The Project adds to the assets in the Resort Area, located within a 15 minute walk to the Ocean Front, witlz excellent proximity to the Interstate and good transportation networks. The site also has the benefit of being a part of the Resort Area SGA. The Resort Area SGA encourages the Ciry to look at becoming a"Year Round Resort" and stimulate the Resort Area with activities that can occur outside the traditional Summer months toprovide additional revenue and economic impact into the Resort Area. August 28, 2012 -6- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62128 (Continued) A short video clip of Governor McDonnell's support was included in the presentation. The Timeline - In February 2011, at the request of City Council and the receipt of a previously unsolicitedproposal that was ultimately rejected by City Council, the Development Authority looked into the possibilities for the Ciry to be a"host ciry " for an Arena. HKS Worldwide Events was retained and the process began to look at what potentially could occur with the prospect of having a First Class Arena in our Market. The assessment stated our market is substantial and has an incredible opportunity. Phase 2 Jooked at the general site analysis, the Market Study and conducted a Public Opinion Poll and began research on current facilities in the market place. Outside consultations were added and public opinion data were analyzed. Phase 3 began with looking at site considerations and process internally a financial model in terms of what the Arena would look like, with or without a team. In March, they met with the NBA and the NHL who provided excellent guidance on what a market could look like, what an Arena would look like and what was the potential for teams interested in relocating. Atlantic Coast Conference (ACC) has discussed their tournaments. Currently, the project is in Phase 4 and reviewing economic impact data, including the State economic impact. Dr. James V. Koch was retained and additional stiidies are being conducted at this time. August 28, 2012 -7- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62128 (Continued) August 28, 2012 -S- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62128 (Continued) Currently, Southeastern Virginia consists of 3-Million people with an Arena larger than 12, 000 seats and the only state of the art facility located in the Commonwealth is at the University of Virginia. "I'm happy for the Beach. I hope this works out. A majorsports team would benefit all of Hampton Roads." - Paul Fraim, Mayor, City of Norfolk "As the largesT metropolitan area without a professional sporis franchise, this could be a wonderful opporiuniiy for ihe Peninsula. This would be a team ihat all Virginians can embrace as their own. It is my hope that ourregion canjoin the elite status of other cities with a professional team:" - Chris Stuarf, Hampton Ci1y Council August 28, 2012 -9- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62I28 (Continued) Thcre is significant power and strength in Southeastern Virginia. This follows along with a lot of work that is being done with a number of leading business leaders to combine the strengths of the Richmond ancl Hampton Roads Arena to provide a Market in excess of 3-Million residents, along with ten (10) Fortune 500 Companies, which are ready to become corporate partners. SozttheasteYn Virginia is larger than twenty-two (22) other markets currently with one or more professional sports franchises. _ 0' N;?x °'?> ? 'T ", ? ? a 1E? ? - :4. &LLTIMOMEMO ?:... ... • . ? ? • OfNV¢P. CO • . .. .... ' " • ? ? fO1RWlP.OR'.a^.??. t [ ?: SNI ?IRO. TY ? ? ? ? aeuwoo. n , ?.- ? • • 0.EYEUND.OH ?^... .. .. ? 5. r • ' CXMtOTTE NC::.:'?. . . F WW1IN?VOL6.IM ? . .. , 3 ? ' ::?.. ... NAfSMLLF.T. ONUMOMA CtTY.ON ? . .. _ MEnf9NK. TM , ..: _ xflY OuEANS. u .:. .. NY , Bil{tAtO " _ . . . . ML?GN. NC ?... -10- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62128 (Continued) • 10 Fortune 500 Headquarters with combined annual sales exceeding $103 Billion • More than 178,000 total businesses • 365 companies with annual sales of at least $250 million • 598 companies with at least 250 employees Alvia Smithfieid ? ,.. L8j An importantpiece when exploring sports franchises is the media, specifically television. The Designated Market Area (DMA) Comparison shows Southeastern ViYginia DMA is in a better position than Oklahoma City/Tulsa DMA. The Corporate Community is behind this project. DMA /DeuanaMA MaikN Arca1: ' A peopiaphe orea de(inetl by Niehen Metlia ReuarM Canpany os a O-p IN covnfies iM1Otmokevp a parficubr?ekvivpnmarkei. • ilieu countiezcdnp?rse iFemajw viewinp avdlence to? Ihe lekviion slolionsbcoiedin iM1evParlicubrmelroPOlilan area. August 28, 2012 NOfE: Vfrginia Beaeh DMA vs Oldohoma Cify antl RichmonC DMA vi Nlso comparlsons eoch show simlar advanfages -11- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62128 (Continued) "We bring peopie in from all over the world to work here. Seeing ihis type of enterfainment venue from the plane before ihey land would beg the immediate question, 'What is ihat?' We would answer, ihat is our entertainment venue built for the people of our city where we watch sporfs teams, band concerfs, rodeos, college sports and STIHL Timbersporis." -Fred Whyte, President STIHL Inc. a 5- 7zo&, August 28, 2012 -12- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62128 (Continued) The City has a proven track record in the Farm Bureau Live Amphitheater. This facility has 16 years of success and a"financial wind fall " for the City. Since 1986, there have been more than 400 concerts with more than $4-Million tickets sold. The Amphitheater was nominated "Yenue of the Year" by the Academy of Country Music. The City is fortunate to have Live Nation as a partner in this endeavor. This Project provides the opportunity to capture major events years round. It is important to note most Mzcsical Artists tour during the summer months where outdoor venues can be utilized or design their tour to be indoor venues usually duYing the "non-summer" nzonths. In essence, the City could host conceYts yeaY `round and no longer be bypassed during the "non-summer" months. Many opportunities have bypassed Virginia Beach. There are a number of athletic events which could occur that are outside any sports franchise with various college conference championships and a number of NCAA tournaments. August 28, 2012 -13- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62128 (Continued) The idea of this site being located adjacent to the Convention Center provides potential event synergy with additional opportunities for bookings, unique meetings and assemblies. The potential is endless, adcling and expanding upon the already fairly successful visitor delegate count the City enjoys, second only to the Virginia Aquarium. Again, the reaction from the athletic/sporting world has been positive. John Swofford, ACC Commissioner, has stated Virginia Beach would be an attractive location to host a conference championship tournament. "The ACC's footpriniwillsoon stretch across nine contiguous states and as we look ahead we certainly welcome quality venues to consideras host locationsfor our conference championships and tournaments. We have twoconference members- Universityof Virginiaand Virginia Tech - that are located within the statewhich would make Virginia Beach an attractive location." - John Swofford, Atlantic Coast Conference (ACC) Commissioner rc O d ? ACCG ? August 28, 2012 -14- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62128 (Continued) Mr. Harris introduced Peter Lukko - President/COO, Comcast-Spectacor a joint venture formed in 1967. Mr. Lukko will be sharing some of their thoughts about participating in this opportunity. Mayor Sessoms welcomed Mr. Lukko and expYessed his appreciation. Mr. Lukko expressed his appreciation to the City Council for the opportuniry to share in this presentation. Some months ago when approached about this Project, Comcast-Spectacor and Live Nation `jumped on it " for a couple of reasons: first, both companies do a tremendous amount of business in Hampton Roads and secondly, instinctively, I knew this was one of the largest underserved markets in North America. 3- Million people without an 18 to 20-Thousand seat Arena and felt it was a perfect opportunity for our involvement. ? ?ig CcOt11CQSt i ? ? ?PECTACOC comcast. " 5PECAC0R August 28, 2012 -15- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62128 (Continued) Mr. Lukko stated Comcast-SpectacoY is a joint venture of Spectacor, which is essentially Ed Snyder, a sports entrepreneur, and Comcast, the media giant. The Company was founded in 1967, when Ed Snyder mortgaged his home, got an advance on fruit service commissions and engaged partneYS to buy a team in the National Hockey League in Philadelphia, which did not have even one hockey rink. Mr. Snyder saw an opportunity and founded the team which began in 1967. Shortly after, in 1971, the Spectrum Arena, a public/private partnership, went bankrupt. Mr. Snyder took the Spectrum out of bankruptcy, paying 100 Cents on the Dollar. Mr. Lukko has been with the Company since 1985. The company's roots have been in sports and entertainment since the 1960's. In 1996, Comcast approached the company for a partnership. Comcast's had an opportunity to buy the Philadelphia 76ers, combine that team with Spectrum, the Philadelphia Flyers and start a sports network; Comcast-Sportsnet. Today, the business has over $4-Billion in Revenue. August 28, 2012 -16- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62128 (Continued) Specifically, Comcast Spectacor can help Virginia Beach with this Project as they are the owner of various other entities. The Company owns Philadelphia Flyers and Mr. Lukko sits on the Board of Governors of the National Hockey League. Until a year ago, the Company owned the Philadelphia 76ers ancl Mr. Lukko was a member of that Board when they owned the team. Comcast Sportsnet, the Networks, are important in that it gives the opportunity to promote events. Ovations is the food service cornpany that is owned by Comcast-Spectacor and provides food for arenas, stadiums, convention centers, etc. Presently, Ovations has four (4) accounts in this Region 's market place in sports and entertainment venues - Harbor PaYk, Ted Constant Convocation Center, Scope, etc. Front Row Marketing Services is another important company owned by Comcast. When a major arena is built, a big revenue source to make it work is the naming rights and the selling of box seats, club seats and tickets. More information will be expanded on Global Spectrum as this is the entity that would manage the Arena. Paciolan is a"ticketing" business, mostly in colleges with development and data collection is the expertise. Xfinity Live is a new division of the Company in Philadelphia which pened a 60,000 square foot development - bars, restaurants, NBC Sports Arena - essentially a complex for people to come and enjoy themselves around a sporting event, concert or family show. It has been very successful in the initial stages. August 28, 2012 -17- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62128 (Continued) Global Spectrum is the division that would be the entity to manage the Arena in the City. Below is the company's "numbers ". Currently, Global Spectrum manages Constant Convocation Center, Sandler Center for the Performing Arts and Farm Bureau Live at Virginia Beach. August 28, 2012 -18- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62128 (Continued) Below is the initial pYOposal for the Virginia Beach Arena: • Comcast-Spectacor/Global Spectrum will ledse, operate and program arena (concerts, athletic events, familyshows, corporate events, communityprograms) • Comcast-Spectacor /Global Spectrum will commit to pursuing a professional sporfs franchise for the arena • 25 year lease term • Guaranteed annual lease payment • More than 200 events annually • 1.4 million visffors annually • Guarantee annual operating costs comcast. ?- sPECrACaR Mr. Lukko thanked City Council for having him and stated he looks forward to working with the City. Tlae Mayor thanked Mr. Lukko foY attending. August 28, 2012 -19- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62128 (Continued) Mr. Harris thanked Mr. Lukko for his presentation and his confidence in the Market Place. The Virginia Beach Development Authority would like to negotiate a"Term Sheet" and present same to City Council at the appropriate time that will ensure all City financial obligations are met as follows.• VBDA will negotiate and present to City Council a term sheet that will ensure all City financial obligations are met in accordance with these principles. The Virginia Beach Arena will: - Generate sufficient revenues to meet all debt service obligations as well as generate excess revenue to the City A Substantially increase existing City revenue streams (ie, ? Admissions Tax, Hotel & Lodging Tax, Restaurant Tax, Sales ?a ?? Tax, Business License Fees, etc) .s,.; - Qualify for financial support and participation from the Commonwealth of Virginia August 28, 2012 -zo- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62128 (Continued) Mr. Harris stated it is important to identify allpotential revenue streams which will be generatedfrom the Arena. • Arena development fee • Ticket sales • Admissions tax • Food & concessions • Parking • Media, advertising & sponsorships • Naming rights • Sales of suites, club and courtside seating, etc • Merchandising • Rental payments • Sales tax • Business property tax • Business License Fees The Development Authority has had the opportunity to have Dr. Koch, President Emeritus and Board of Visitors Professor of Economics - Old Dominion University, participate in the initial research. August 28, 2012 -21- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62128 (Continued) Below are some of the Key Impacts fronz Dr. Koch 's study: Source: Dr. James V. Koch Source: Dr. James V. Koch August 28, 2012 -22- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62128 (Continued) VBDA to review proposal & report back to City Council in October, to include: • Review & negotiate financial structure • Develop & present draft term sheet to City Council • Identify available State resources/contributions • Conduct outreach to community stakeholders • Actively engage & inform the public Comcast-Spectacor/Live Nation • Negotiate proposal with City/VBDA • Negotiate with potential arena tenants August 28, 2012 -23- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62128 (Continued) Mr. Harris stated this is a unique, once in a lifetime opportunity where these two entertainment companies come together to develop a major Arena here in the City. This will give the City an opportunity to attract events not currently in the market place to come into the community. The companies are providing guarantees with lease revenue and operational costs. This will also help to full- fill the City 's Vision of being a` year round destination resort ", bringing a substantial regional and state wide attraction, giving the City national and international exposure. There are only thirty (30) cities in the nation that host a major league sports team as a part of their community profile. • Opportunity to develop an estimated $350 million,18,500 seat arena • Partnership with two of the top entertainment companies in the world • Guaranteed partner for 25 years • Guaranteed lease revenues • Guaranteed operational costs • New regionai economic generator •$98 million first year economic impact • 1,230 new year-round jobs / 560 construction jobs • $279 million impact from constru'ction c?omcast ??ve naTiom _? o < August 28, 2012 -24- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62128 (Continued) • Signature development for Resort Area • Over 200 annual events • 1.4 million visitors . • Year-round activity to resort area • Regional & statewide attraction • New national & international exposure • Year-round capitalization of public and private assets • New entertainment opportunities • Unique opportunity to join cities hosting major league sports teams F? COmcast. ??dE narion v?asi.+in xFTCx ..?. F?F:.CTY2 l August 28, 2012 ?. ?.?.? -25- CITY COUNCIL BRIEFING ECONOMIC DEVELOPMENT PRESENTATION ITEM #62128 (Contiizued) Thc Mayor thanked Mr. Harris and the entire team that worked on this project. The Mayor stated he has great faith in the Market, the Commonwealth of Virginia, Hampton Roads and Virginia Beach. During the Recession, tourism grew in the City - which speaks volumes. The Mayor stated that he and the Vice Mayor will work with the Development Authority as they continue their work. The Mayor assures City Council that he and the Vice Mayor will keep them updated on a weekly basis. August 28, 2012 -26- CITY MANA GER'S BRIEFING HUMANSERVICES CHILD WELFAREDIVISION CORRECTIVE ACTION PLAN 4: 08 P.M. ITEM #62129 City Manager James Spore introduced Cindy Curtis, Deputy City Manager. Ms. Curtis advised the purpose for this presentation today is to keep City Council up to date on the development of the Corrective Action Plan requested by the State in the Quality Management Review report issued in July. Ms. Curtis introduced Betty Jo Sarris, Child Welfare Consultant. Ms. Sarris was employed to develop and implement the Action Plan to set about the necessary changes and modifications. Ms. Sarf•is has yetcrs of experience. Ms. Curtis also thanked the Virginia Beach Task Force for their many hours of work in developing this Corrective Action Plan. Virginia Beach Task Force Cindy A. Curtis. Deputy City Manager Catheryn Whi[esell, Director Regina Hilliard, Direc[or William Dean, Deputy Police Chief Rachel Allen, Assistant Ciry Attorney Martha McCleese, Social Services Advisory Board Betty Jo Zarris, Child Welfare Consultant Expert Panel Suzanne Starling, MD, Professor of PediaVics, Eastern Virginia Medical School Rowena Wilson, Ph.D. Interim Dean ofthe School of Social Work, Norfolk State Universiry Betfy Wade Coyle, Executive Director, Prevent Child Abuse Hampton Roads Suzanne Puryear, Regional Planning Council Jane Crawley, Depury Counry Manager, Henrico - Formerly Department of Social Services Director August 28, 2012 -27- CITY MA NA GER'S BRIEFING HUMANSERVICES CHILD WELFARE DIVISION CORRECTIVE ACTION PLAN ITEM #62129(Continued) The Mayor welcomed Ms. Sarris. Ms. Sarris stated she is really excited about the qualiry of individuals she has met and worked with these past few weeks with the Department of Human Services. The City has a lot of great strengths to build upon; however, there are improvements yet to be made. Ms. Sarris stated the presentation today is about the Yesponse to the State Quality Management Review (QMR). The Child Welfare League of America (CWLA) Report was received around the same time as the QMR; however, the QMR had a response date of September 1, 2012, to provide what impYOVements the City would make based upon the recommendations. Ms. Sarris stated the response to the CWLA Report is being drafted. This Report has sorne very specific Child PYOtective Services issues due to the death of a child and the response is forthcoming. RESPONSE TO TWO REVIEWS State Quality Management Review (QM R) Reviewed overall child welfare practice and implementation of Children's Services System Transformation (CSST) Child Welfare League of America (CWLA) Special Review of child death in foster home 2 1h years ago August 28, 2012 -zs- CITYMANAGER'S BRIEFING HUMAN SERVICES CHILD WELFARE DIVISION CORRECTIVE ACTION PLAN ITEM # 6212 9 (Co n tin u e d) Below is a summary of the Major Issues/Recommendations in the QMR Report. More specific issues in the Report are the span of control of Child Welfare Director; lack of attention to morale issues in Child Protective Services(CPS); lack of management level support for State initiatives and networking; lack of communication from department to department; and, concerns about supervisory competence and consistency. Another concern is the State has been implementing the Children Services System Transformation (CSST) and the City is not on board with CSST showing poor permanency outcomes. Some specifics in the three (3) major Child Welfare programs: backlog of incomplete referrals and low morale in CPS; too many kids staying too long in Foster Care; and, concerns about how Resource Families are trained and utilized. MAJOR ISSUES/RECOMMENDATIONS IN QMR Orga n izational Issues - Management - Communication - Consistency Implementationof Children's Services System Transformation - FamilyEngagement - ResourceFamiiies - Data Management AUgZISt 28, 2012 -29- CITY MANA GER'S BRIEFING HUMAN SERVICES CHILD WELFARE DIVISION CORRECTIVE ACTION PLAN ITEM #62129(Continued) There are certain Yecommendations, identified below, the City agrees with and must be addressed; hotivever, there are recommendations by which the City does not necessarily agree and will challenge, to some degree, these specific items: QMR RECOMMENDATIONS VB Disagrees • Arvon staff • Use of Permanent Foster Ca re (P FC) • Resource Family training(RF) • Some data VB Agrees • Reorganization • Permanency Outcomes • Family Engagement (FE) • Child Protective Services (CPS) Crisis There are always ways to improve and the City will develop a Reorganization Plan with implementation that uses assessment of stYengths and weakness in current management level staff,• organizes around program needs, family engagement for all programs and effective work flow/communication acYOSS programs. It is important to set and enforce expectation for clear roles, responsibilities and consistency across programs. In addition, set expectation for all managers to fully use data to measure desired outcorrces, not just processes - and model usage. Also, the City will fully implement Family Engagement practices which will require training and holding people accountable for implementation. It is important to build, or re-build, trust and relationships with all community partners. The City will also impleinent the Parent Resources for• Information, Development and Education (PRIDE) training progYam for our Resource Families, which is a nationally recognized model that reinforces involvement of all resources available to child and family. The City should be more open to networking with other local and stczte agencies and willing to try new things. August 28, 2012 -30- CITY MANA GER'S BRIEFING HUMANSERVICES CHILD WELFAREDIVISION CORRECTIVE ACTION PLAN ITEM #62129(Continued) WHAT CAN BE DONE TO IMPROVE? Restructure Child Welfare Services Set and Reinforce clear expectationsfor full implementation of Transformation tenets - Fully utilize Family Engagement (FE) - Fully utilize data managementtools - Repair and enhance community connections There will be a"detailed plan " that will be shared with all staff and used to provide progress reports to the State. Many actions have begun; a few accomplished. Others are expected to take longer and some have to build on "first steps ". The City will involve asking the community to help keep children safe and provide permanency and stability for children. CORRECTIVE ACTION PLAN (CAP) What? When? Who is responsible? How measure? Expected outcomes? August 28, 2012 -31- CITY MANA GER'S BRIEFING HUMAN SERVICES CHILD WELFAREDIVISION CORRECTIVE ACTION PLAN ITEM #62129(Continued) Below is a sample of the Response to the QMR Report: a ac li i.W < r n tli i F'i. E !a[e M' CPS: FamilyAssessments (FAs) with many con[acts need to be tlacumentetl on the Interviewand Interacfion (I antl )screen. For those FAs where what was reported is clearly wrong and only one or rno wntacca are made, usingthe assessment Screen is sWticientand allowablebr Mis information. Msessthe implementalion o(the Practice Model to inclutle FPMs and SW ctured Decision Making (SDM). Enaurethatall CPS staff and supervisors complete the mendetl Family Engagement/FPM Vaining. Aas sNeneedtoradtlitionaltrainedfacilitators toconductFPMs in CPS. Recommendetion rNa4Qd?tYO{ ch'IEren'n C.PS and FC poee?eai me egeocy snowa evawam me erreon-esa and 'on s of the harm of the continued long term use of remoNng all of the clothingof children 5 years and younger during weeky home visi6. None of the other 221ocal agencies in the Eashrn region followthis prmtice. A.?on The CPS protocol (or processingand documencing Refertals and Ongoingcas will be reviewetl and roviaetl as needed; 5tete stafthas been on thecommittee and will be asked to continue. Expected ou[come: Documentstion in CPS records will meet ompliance repuirements and provitle dear evitlenceof use of best practice shategyes. Aetlon Steps (and menums) The work ot the WS Promcol committee, includingrequirements for FPMs, will be completeQ published and trainingprohded as eeded (Docummt is shared wiN all parties and fraining rosters are compiled.) Compliance wifh the promcol will be consistently moni[ored by all CPS aupervison. (SUpervuon quarterly review and ,ummanze.) To be completW no IaterNSn 12J3]/12 Pction The prolocol has been tuly assesned, clarified and motlified to be case specitic. (New prorocol pu0lished and communicatetl.) To be completed by 9/1/12 August 28, 2012 -32- CITY MANA GER'S BRIEFING HUMANSERVICES CHILD WELFARE DIVISION CORRECTIVE ACTION PLAN ITEM #62I29(Continued) CorrectiveAcUOn ReportingForm Below is the Organization Chart provided to the State at the beginning of this investigation: August 28, 2012 -33- CITY MANA GER'S BRIEFING HUMANSERVICES CHILD WELFARE DIVISION CORRECTIVE ACTION PLAN ITEM #62129(Continued) Below is the recommended version of the Organization Chart: The City will know they are succeeding when Permanency Outcomes improve; CPS caseloads will be more rnanageable and timely; customer satisfaction surveys show positive results and have a positive relationship with our state paYtners and community partners will cite Virginia Beach as a good example in many aYeas of child welfare The Mayor thanked Ms. Saris and the entire team for their work and City Council looks forward to receiving updates. August 28, 2012 -34- CITY COUNCIL COMMENTS 4:52 P.M. ITEM #62I30 Councilman Dyer advised the Governor's Local Government Unfunded Mandate Review Task Force will hold their meeting at the Virginia Aquarium on September 17' and he invited everyone to attend. ITEM #62131 Cozincilman Moss requests an independent assessment of the data set and the underlying analysis of the research provided to Dr. Koch for the "arena proposal ". ITEM #62132 Mayor Sessoms advised he spent some time on Saturday with Vice Mayor Jones in the Lake Edwards Community and is pleased to hear and see the positive improvements to that community. The Mayor also spent some time with Glenn Davis in the Green Run Communiry. The City and Schools partnered together with sorne of the churches in the community and passed out book bags to over 1, 000 students. The Mayor stated he is very encouraged to see the positive things happening in that community and applauded Mr. Davis ' efforts. ITEM #62133 Councilman Moss stated the Vice Mayor did an outstanding job last night representing the Mayor and Ciry Council at the Grand Opening of the Virginia Beach Tennis & Country Club's New Leading-Edge Indoor Facility. August 28, 2012 -35- AGENDA REVIEW SESSION 4:50 P.M. ITEM #62134 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES/RESOL UTIONS 1. Ordinances to AMEND the City Code: a. §§30-57/ 30-58/ 30-60/ 30-60.1/ 30-71/ 30-73/ 30-74 and 30-77 and ADD §30.621 and 30-76 1 re soil removal and other land disturbing activities and further DEFINING Erosion and Sedimentation Control b. §18-97 re Business License (BPOL) Exemption DEFINING producers selling their own goods 2. Ordinances to AUTHORIZE acquisition of pYOperty for right-of-way and tempoYary/permanent easements, by agreement or condemnation: a. Lesner Bridge Replacement b. Burton Station Infrastructure 3. Ordinances to DECLARE: a. The properry at 124 Lavergne Lane EXCESS of the City's needs and AUTHORIZE the Ciry Manager to EXECUTE an Agreement of Sell and Convey to Robert H. and Juanita M. Gordon b. The dwelling at 5405 Keystone Place "blighted and a nuisance ", and AUTHORIZE a Plan to DEMOLISH same and TRANSFER $14,500 to Housing and Neighborhood Preser-vation for this demolition 4. Ordinance to APPROPRIATE $75,000 to the Clerk of the Circuit Court re maintenance of their Electronic Recording System 5. Ordinance to ACCEPT, APPROPRIATE and TRANSFER $32,948 re defibrillators and equipment for ambulances Item #Ib shall be DEFERRED INDEFINATELY August 28, 2012 -36- AGENDA REVIEW SESSION ITEM #62135 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: J. PLANNING Application of ROYAL AUTO SALES, L.L.C./MAH DEVELOPMENT, L.L.C. for Modification of Condition Nos 1 and 6(approved November 25, 2003) to allow additional vehicles `for sale " at 4928 Virginia Beach Boulevard DISTRICT 4 - BAYSIDE 2. Application of GRACE BIBLE CHURCH for Modi acation of Conditions Nos 1 and 2 (appYOVed April 24, 2007, and Modified May 25, 2010) to allow a tent at 2956 Ansol Lane DISTRICT 6 - BEACH 3. Application of STIHL INCORPORATED for a Conditional Use Permit re wind energy conversion system at 825 London Bridge Road DISTRICT 6 - BEACH 4. Application of WORLD FAMOUS INK13509 VA BEACH BLVD LLC for a Conditional Use Permit re a tattoo parlor, body piercing and permanent make- up establishment at 3509 Virginia Beach Boulevard DISTRICT S - LYNNHAVEN 5. Applications of the City of Virginia Beach to AMEND: a. The Comprehensive Plan re the Hilltop Strategic Growth Area Master Plan (July 2012) and REVISING the Policy Document b. Sections 111, 203, 901 and 1521, REPEAL Section 233.3 and ADD Section 239.03 of the City Zoning Ordinance (CZO), DEFINING "Open-Air Markets, " DELETING the term "Flea Markets, " ADDING Open-Air Markets and DELETING Flea Markets as conditional uses in the B-2, B-3, B-3A, B-4, B-4C and RT-3 Districts and ESTABLISHING off-street parking requirements for Open-Air Markets c. Street Closure of a portion of Old Norfolk to Virginia Beach Boulevard right- of-way (also known as North Lynnhaven Road) Item #Sa shall be considered separately August 28, 2012 -37- ITEM#62136 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, perf'ormance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting' would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3 711 (A)(3). Acquisition/Disposition of City Property: Kempsville District LEGAL MATTERS: Consultation with legal counsel and briefings by staff inembers or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). Brad Steinberger, et al v. City of Virginia Beach August 28, 2012 -38- ITEM#62136 (Continued) Upon motion by Councilman Uhrin, seconded by Councilman Dyer, Ciry Council voted to proceed into CLOSED SESSION at 4: 58 P.M. Yoting: 10-0 Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent: William R`Bill " DeSteph stepped out (Closed Session 4: 58 P.M. - S: SS P.M.) August 28, 2012 -39- 6: 00 P.M. Mayor 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, August 28, 2012, at 6: 00 P.M. Co2tncil Members Present: Glenn R. Davis, William R. Dyer, Barbara M. Henley, Mayor William D James L. Wood Council Members Absent.• None FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 28, 2012 Sessoms, Jr., John E. Uhrin, Rosemary Wilson and "Bill " DeSteph, Harry E. Diezel, Robert M. Vice Mayor Louis R. Jones, John D. Moss, INVOCATION: Reverend Fred Devan PastoY Grace Community Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before Ciry Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act ), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a`°personal inlerest ", as defined by the Act, he will either abstain from voting, oY file the appropNiate disclosuNe letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of Mnrch 24, 2009, is hereby made a part of the record. August 28, 2012 -40- Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial CoNporation ("Fulton Financial ") purchased Resource Bank. On Mai-ch 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "per°sonal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones ' letter of April 10, 2007, is hereby made a part of the record. Coicncil Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Dixon Hughes Goodman and is diYectly and indirectly involved in many of Dixon Hughes Goodman's traiisactions. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her pYactice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appYOpriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of January 10, 2012, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numeYOUS matters in which she is not personally involved and of which she does not have personal knowledge. In oYder to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council foY the puipose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of.7anuary 27, 2004, is hereby made a part of the record. August 28, 2012 -41- Iteni -VI-E CERTIFICATION ITEM #62137 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, 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 or considered by Virginia Beach City Council. Yoting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members PotingNay: None Council Members Absent: None August 28, 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 #62136 Page 38, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. i.? th Hodges Fraser, MMC City Clerk August 28, 2012 -42- Itena -VI-F.1 MINUTES ITEM #62138 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of August 14, 2012. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R`Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Yoting Nay: None Council Members Absent.• None Council Members Abstaining: James L. Wood August 28, 2012 -43- Itenz -VI-H.1 MAYOR'S PRESENTATION ITEM #62139 KING NEPTUNE XXXIX and HIS COURT Nancy A. Creech, President and CEO, Neptune Festival Steve Test, Chair - Neptune Celebration Committee Mavor Sessoms introduced and welcomed Chairman Test. Mr. Test stated: "on behalf of the Neptune Organization, thank you for the great support the City provides. " The Royal Court has been active since Mar°ch in many public service events and getting ready to kick-off the Neptune Festival. The Neptune Festival commenced thirty-nine (39) years ago as a means of extending the Resort Season by providing a celebration to its citizens. The Neptune Festival has evolved into an organization that is now involved with virtually every major charitable organization in the Ciry. Mayor Sessoms expressed appreciation to the members of the Neptune Festival. The Mayor and City Council are extremely proud of them. Mr. Test PRESENTED King Neptune XXXIX and his Court: 2012 ROYAL COURT KING NEPTUNE )O?XVII Aubrey L. Layne, Jr. President Great Atlantic Management, LLC PRINCESSES Simren Bhatt Deanna Bonaventura Maurie Burton Abbey Cutchin Taylor DeFord Jennifer Degrush Christina Gianascoli Emily Kelly Hailee Larsen Katherine Little Sarah Nelson Riley Tata Elizabeth Timms August 28, 2012 -44- Item -VI-H.1 MAYOR'S PRESENTATION ITEM #62139 (Continued) TRITONS Bryan Cuffee Ben Davenport Brad Hobbs Kyle Korte Bill Lascara Steve Porter Brad Schwartz Bob Tata Mr. Test intYOduced KING NEPTUNE XXXIX, Aubrey Layne and his wife, Lady Peggy. Mayor Sessoms welcomed them both. King Layne thanked the Mayor and City Council for having him there and stated it is an honor to be presented at City Council. He is awaYe the Court is the ` face of the Festival ". There are a lot of people working very hard to make this Festival one of the best on the East Coast and expressed his appreciation to the Staff and Volunteers. King Layne appreciates the City's support. He presented the Mayor and City Council with Neptune Festival Coins and requested "Lady Peggy", who is the "real king" to assist in presenting the coins. Mayor Sessoms wished King Layne great success during his reign and thank everyone for your representation. August 28, 2012 -45- Item -VI-H.2 MAYOR'S PRESENTATION ITEM #62140 RESOL UTION TO COMMEMORATE A UGUST 28, 2012 "Master Gunnery Sergeant Jimmy M. Hargrove Day" Mayor Sessoms introduced and presented the Resolution declaring August 28, 2012 as "MASTER GUNNERY SERGEANT JIMMY M. HARGROVE DAY". Mr. Hargrove was a member of the Montford Point Marines. Mr. Hargrove served the United States Marines from 1948 to 1978. The heroism, con2mitment and valor demonstYated by the Montford Point Marines changed the negative attitudes of the military leadership towards African-Americans and inspired the untiring service of future generations. In July 1948, President Harry S. Truman issued Executive Order No. 9981 which ended segregation in the military. Only five hundered (500) of the 20,000 Montford Point Marines are surviving with twelve (12) residing in the Hampton Roads Area and Mr. Hargrove is the only one that resides in Virginia Beach. On July 22, 2010, the United States Senate adopted a Resolution designating August 26, as "Montford Point Marines Day ". The Ceremony held in Washington, D. C. was very impressive. Mr. Hargrove thanked the Mayor and City Council for this honor. He introduced his wife, Cheryl attending with him tonight. Mr. Hargrove advised a monument will soon be erected in Jacksonville, North Carolina where the Montford Point Marines received their basic training. The Mayor thanked Mr. Hargrove for his ser-vice and City Council is happy the City could honor him. August 28, 2012 4o?`' ? OUR NPt'oHS JL ESOJLJ `1? JL JL O1 V WHEREAS: On June 25, 1941, President Franklin D. Rooseve[t issued Executive Order No. 8802 which established the fair employrnent practices that began to erase discrimination in the Armed Forces. In 1942, the President issued a Presidential Directive t/1at integrated the United States Marine Corps; WHEREAS: Approximately 20,00 African American Marines received basic training at Montford Point Marine Base in NoKh Carolina between 1942 and 1949 and later became known as the MONTFORD POINT MARINES. These African American "Volunteers" enlisted in the United States Marine Corps during World Waf• II to demonstrate their commitment to their country despite the practice of segf•egation, served their country with a most honorable reputation, defied unwarranted sterearypes and achieved distinctio?z tJTrougli brave and honorable service. They fought and served in the Pacific Tlieatre, participated in the liberation of the Ellice Islands, the Eniwetok Atoll, the Marshall Islands, the gwajalein Atol[, Iwo Tima, Peleliu, the Mariarras islands, Saipan, Tinian, Guani and Okinawa; WHEREAS: The heroism, commitment and valor demonstrated by the Montford Point Marines changed the negative atlitudes of the military leadership toward African Americans and inspired the untiring service of future generations, in Tuly 1948, President Harry S. Truman issued Executive Order No. 9981 which ended segregadon in the inilitary. In 1965, over 400 former and active duty Marines met at a Reunion in Philadelphia. They honored the Montford Point Marines and established the Montford Point Marine Association; WHEREAS: Of the naore than 20,000 Montford Point Marines, only five hundred are surviving with twelve in the Hanzpton Roads Area and only one in Virginia Beach, namely Jimmy M. Hargrove, who served in Logistics and attained the position of Master Gunnery Sergeant during his thirty years of service from 1948 to 1978. Jimmy says: "We were well trained althouglt the facilities were very inadequate, but prejudice came second to being a Marine": They turned to tl:eir faitli, singing gospel songs to get through the tough times; WHEREAS: On July 22, 2010, the United States Senate adopted a Resolution designating August 26, as "Montford Point Marines Day": THEREFORE. BE IT RESOLVED: That the Virginia Beach Ciry Council pause in its deliberadons to pay tribute to the sacrifices of the Montford Point Marines, and in particular, our own Jimmy M. Hargrove. BE IT FURTHER RESOLVED: That this day al[ citizens in rtrginia Beach join the Mayor and 1liembers of City Council to commemorate August 28, 2012 as: MASTER GUNNERYSERGEANT JIMMYM. HARGROVE DAY Given under our hands and seals, Cou`itciGnan Glenn R Davr. Bo6° Dyer U(trin ??- N'ue Maqor Laui -46- Iteni -VI-I.1 a/b PUBLIC HEARING ITEM #62141 Mayor Sessoms DECLARED A PUBLIC HEARING: ACQUISITION OF PROERTIES BYAGREEMENT OR CONDEMNATION a. Burton Station Road b. Lesner Bridge There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. August 28, 2012 -47- Itena -VI-I.2a PUBLIC HEARING ITEM #62142 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS CITY-OWNED PROPERTY a. Lavergne Lane There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. August 28, 2012 -48- ADOPT AGENDA FOR FORMAL SESSION ITEM #62143 BY CONSENSUS, Ciry Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 28, 2012 -49- Iteni -VI-J ORDINANCES/RESOL UTIONS ITEM #62144 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, Items la, Ib(DEFERRED INDEFINATELY), 2a/b, 3a/b, 4 and 5. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R`Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor Williarn D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 28, 2012 -50- Item -VI-J.la ORDINANCES/RESOL UTIONS ITEM #62I45 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code §§30-57/ 30-58130-60/ 30-60.1/ 30-71/ 30-73130-74 and 30-77 and ADD §30.621 and 30-761 re soil removal and other land disturbing activities and further DEFINING Erosion and Sedimentation Control Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 28, 2012 1 AN ORDINANCE TO AMEND SECTIONS 30-57, 2 30-58, 30-60, 30-60.1, 30-71, 30-73, 30-74 AN D 3 30-77 AND ADD SECTIONS 30-62 AND 30-76.1 4 OF THE CITY CODE PERTAINING TO SOIL 5 REMOVAL AND OTHER LAND-DISTURBING 6 ACTIVITIES 7 Sections Amended: §§ 30-57, 30-58, 30-60, 8 30-60.1, 30-61, 30-71, 30-73, 30-74, and 30-77 9 Sections Added: §§ 30-62 and 30-76.1 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 That Sections 30-57, 30-58, 30-60, 30-60.1, 30-61, 30-71, 30-73, 30-74 and 30-77 13 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained 14 and Sections 30-62 and 30-76.1 are added to read as follows: 15 Chapter 30 - SOIL REMOVAL, OTHER LAND-DISTURBING ACTIVITIES 16 .... 17 ARTICLE III. - EROSION AND SEDIMENT CONTROL AND TREE PROTECTION 18 DIVISION 1. - GENERALLY 19 .... 20 Sec. 30-57. - Definitions. 21 As used in this article, the following words and terms shall have the meanings 22 ascribed to them in this section, unless the context requires a different meaning: 23 Agreement in lieu of a plan means a contract between the VESCP 24 authority and the owner which specifies conservation measures which must be 25 implemented in the construction of a single-family residence; this contract may be 26 executed by the VESCP authority in lieu of a formal site plan. 27 .... 28 Certified plan reviewer means an employee or agent of the City of Virginia Beach 29 who (i) holds a certificate of competence from the board in the area of plan review, (ii) is 30 enrolled in the board's training program for plan review and successfully completes such 31 program within one (1) year after enrollment, or (iii) is licensed as a professional engineer, 1 32 architect, se+#i#ied landscape architect or land surveyor pursuant to article 1(§ 54.1-400 33 et seq.) of chapter 4 of title 54.1 of the Code of Virginia, as amended, or professional soil 34 scientist as defined in U4.1-2200 of the Code of Virqinia, as amended. 35 .... 36 Consepotation 37 , , e Hg4an 38 39 . , 40 Reeded , 41 . itc nf I-?nrl ?iill he SG +r 42 ? ? o?t +n ?nhic?io ? nnncc?ni ?ed?„?t#..-??, ? 4' ? 2wes. 43 .... 44 Erosion and sediment contro/ p/an or plan means a document containinq material for 45 the conservation of soil and water resources of a unit or qroup of units of land. It may 46 include appropriate maps, an appropriate soil and water plan inventory and manaqement 47 information with needed interpretations, and a record of decisions contributinq to 48 conservation treatment. The plan shall contain all maior conservation decisions to ensure 49 that the entire unit or units of land will be so treated to achieve the conservation 50 objectives. 51 .... 52 Land-disturbing activity means any man-made chanqe to the land GhaRge surface 53 which may result in soil erosion from water or wind and the movement of sediments into 54 state waters or onto lands in the city, including, but not limited to, clearing, grading, 55 excavating, transporting, and filling of land, except that the term shall not include: 56 (1) Minor land-disturbing activities such as home gardens and individual home 57 landscaping, repairs and maintenance work; 58 .... 59 /5\ Curfano or rloop miRinn• , 60 l /6CJ\/ Cpl()FatffiGR_Or dFolloRg nil anrl iras, innlg t wc??to rearls, feerlor lincs 61 a^# smt° dmc^^°a' °r°°°; Permitted surface or deep mininq operations and 62 proiects, or oil and qas operations and proiects conducted pursuant to Title 45.1 63 of the Code of Virqinia; 64 (76)Tilling, planting or harvesting of agricultural, horticultural or forest cropsl ef 65 livestock feedlot operations, or as additionally set forth bv the Board in 66 requlations, including engineering operations as follows: construction of 67 terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, 68 strip cropping, lister furrowing, contour cultivating, contour furrowing, land 69 drainage and land irrigation; however, this exception shall not apply to 70 harvesting of forest crops unless the area on which harvesting occurs is 71 reforested (artificially or naturally) in accordance with the provisions of Code of 72 Virginia, chapter 11 (section 10.1-1100 et seq.), or is converted to bona fide 73 agricultural or improved pasture use as described in Code of Virginia, 74 subsection B of section 10.1-1163 75 (87)Repair or rebuilding of the tracks, right-of-way, bridges, communication facilities 76 and other related structures and facilities of a railroad company; 77 (S8)Agricultural engineering operation including, but not limited to, the construction 78 of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not 79 required to comply with the Dam Safety Act, ditches, strip cropping, lister 80 furrowing, contour cultivating, contour furrowing, land drainage and land 81 irrigation; 82 (41-99)Disturbed land areas of less than two thousand five hundred (2,500) square 83 feet in size; 84 (4-4-10)Installation of fence and sign posts or telephone and electric poles and other 85 kinds of posts or poles; 86 (4- 11)Shoreline erosion control projects on tidal waters when all of the-la-nd 87 disturbing land-disturbinq activities are within the regulatory authority of and 88 approved by the wetlands board of the City of Virginia Beach, the Marine 89 Resources Commission or the United States Army Corps of Engineers; 90 however, any associated land that is disturbed outside of this exempted area 91 shall remain subject to this article and the regulations adopted pursuant thereto; 92 (4- 12)Emergency work to protect life, limb or property and emergency repairs; 93 however, if the land-disturbing activity would have required an approved erosion 94 and sediment control and tree protection plan if the activity were not an 95 emergency, then the land area disturbed shall be shaped and stabilized in 96 accordance with the requirements of the ' VESCP authoritv . 97 98 eutlino nf tho vaFe,? ?heds plnyorl hy +he Gi+y of \/irninia Rcanh tn ronula4o 99 100 w+hthe s?.?.?. ?p?q. ?p?:?Tqm anrl ma?i innli ?rlo S? ?niCWl T7Tjaj IOnal nrrlinannos, r?Eliniec? •+nrl ?.,...wJ G 101 nuirlcliRcc tcnhninal rv»4erials incpcntinn cr?fnrnomont ani-1 e?ial? ?.+tien e e e e 102 Natural channel desiqn concepts means the utilization of engineerinq analysis and 103 fluvial qeomorphic processes to create, rehabilitate, restore, or stabilize an open 104 conveyance svstem for the purpose of creatinq or recreating a stream that convevs its 105 bankfull storm event within its banks and allows laraer flows to access its bankfull bench 106 and its floodplain. 3 107 .... 108 Peak f/ow rate means the maximum instantaneous flow from a qiven storm condition 109 at a particular location. 110 Permit-issuing authority means the director of planning or his designees. 111 Permittee means the person to whom the local permit authorizing land-disturbing 112 activities is issued or the person who certifies that the approved erosion and sediment 113 control plan will be followed. 114 Periodic inspections are required durinq or immediately followinq initial installation of 115 erosion and sediment controls, at least once in every two week period, within 48 hours 116 followina anv runoff producina storm event, and at the comaletion of the qroiect prior to 117 the release of any performance bonds. 118 Person means any individual, partnership, firm, association, joint venture, public or 119 private corporation, trust, estate, commission, board, public or private institution, utility, 120 cooperative, county, city, town or other political subdivision of the commonwealth, 121 qovernmental body, includinq a federal or state entity as applicable, any interstate body 122 or any other legal entity. 123 , 124 ' 125 . 126 P/anninq Department or director of Planninq shall also include any desiqnees made 127 by the Director of Planning_ 128 Areivmm aufhnrifv mcanc• +hc Gitv nf \/irninia Roanh aIso referrod tn as fho ni+v i 129 .... 130 Runoff volume means the volume of water that runs off the land development project 131 from a prescribed storm. 132 133 134 10. . , ' 135 minimizo ,,,,, sod;,,,,e.,+a+;,,., 136 .... 137 Virqinia Erosion and Sediment Control Proqram or VESCP means a proqram 138 approved by the Board that has been established by a VESCP authority for the effective 139 control of soil erosion, sediment deposition, and nonaqricultural runoff associated with a 140 land-disturbinq activitv to prevent the unreasonable dearadation of properties, stream 4 141 channels waters, and other natural resources and shall include such items where 142 applicable as local ordinances rules permit requirements, annual standards and 143 specifications policies and quidelines, technical materials, and requirements for plan 144 review, inspection enforcement where authorized in this article, and evaluations 145 consistent with the requirements of this article and its associated requlations. 146 Virqinia Erosion and Sediment Contro/ Proqram Authoritv or VESCP authority 147 means the Citv of Virpinia Beach, also referred to as the citv. 148 Water puality volume means the volume equal to the first one-half inch of runoff 149 multiplied bv the impervious surFace of the land development proiect. 150 COMMENT 151 The revisions to the Erosion and Sediment Control Ordinance are based upon comments or 152 deficiencies noted by the Virginia Department of Conservation and Recreation during their audit of 153 the City's Erosion and Sediment Control program and recent legislative changes to Chapter 10 of 154 the Code of Virginia (HB1065). The added definitions are included in the State's model ordinance 155 and recent changes to the Code of Virginia and should be included in the City's ordinance. 156 All references to the city engineer in this ordinance have been changed to the VESCP authority, 157 as the city engineer is no longer involved in the process. (Lines 96 and 124) 158 The City's E& S program will be coordinated by the Planning Department from Development 159 Services Center, and the Departments of Public Works and Public Utilities will be designated as 160 Program Administrators, thus, the reference to the Planning Department as including its designees. 161 (Lines 126-127) 162 Sec. 30-58. - VESCP; regulations, 163 standards and specifications for erosion and sediment control and tree protection. 164 (a) The city council hereby adopts the regulations promulgated by the Virginia 165 Soil and Water Conservation Board pursuant to section 10.1-562 of the Code of Virginia 166 for the effective control of soil erosion, sediment deposition and nonagricultural runoff 167 which must be met in any GOntFOI PFO? VESCP to prevent the unreasonable 168 degradation of properties, stream channels, waters and other natural resources. Said 169 regulations, standards and specifications for erosion and sediment control are included in 170 but [are] not limited to Chapter 3 of the "Virginia Erosion and Sediment Control 171 Handbook," Third Edition, 1992 and the Virqinia Erosion and Sediment Control 172 Requlations and all future amendments thereto and editions thereof. 173 (b) The program and regulations provided for in this article shall be made 174 available for public inspection at the office of the director of planning. 175 COMMENT 176 These revisions to the Erosion and Sediment Control Ordinance are based upon changes to 177 Chapter 10 of the Code of Virginia mandated by recent legislation (HB1065) and deficiencies noted 5 178 by the audit of the City's program. 179 Sec. 30-60. - Monitoring reports and inspections of land-disturbing activities. 180 (a) With respect to approved plans for erosion and sediment control and tree 181 protection in connection with land-disturbing activities which involve the issuance of a 182 grading, building or other permit, the director of planning or his designees shall (1) 183 provide for periodic inspections of the land-disturbing activity, and require that a.... 184 (b) Upon receipt of a sworn complaint of a violation of this article from the 185 representative of the department of planning the city manager or his designee may, in 186 conjunction with or subsequent to a notice to comply as specified in section 30-60(a) 187 above, issue an order requiring that all or part of the land-disturbing activities permitted on 188 the site be stopped until the specified corrective measures have been taken or, if 189 land-disturbing activities have commenced without an approved plan as provided in 190 section 30-71 of this article, requiring that all of the land-disturbing activities be stopped 191 until an approved plan or any required permits are obtained. Where the alleged 192 noncompliance is causing or is in imminent danger of causing harmful erosion of lands or 193 sediment deposition in waters within the watersheds of the commonwealth, or where 194 such land-disturbing activities have commenced without an approved plan or any 195 required permits, such an order may be issued whether or not the alleged violator has 196 been issued a notice to comply as specified in section 30-60(a) above. Otherwise, such 197 an order may be issued only after the alleged violator has failed to comply with a notice to 198 comply. The order for noncompliance with a plan shall be served in the same manner as 199 a notice to comply, and shall remain in effect for seven (7) days from the date of service 200 pending application by the director of planning or his designee or alleged violator for 201 appropriate relief to the circuit court of the jurisdiction wherein the violation was alleged to 202 have occurred. The order for disturbance without an approved plan or permits shall be 203 served upon the owner by reqistered or certified mail to the address specified in the land 204 records shall be posted on the site where the disturbance is occurrinq, and shall remain 205 in effect until such time as permits and plan approvals are secured, except in such 206 situations where an aqricultural exemption applies. If the alleged violator has not obtawned 207 ' implemented the specified corrective measures 208 within seven (7) days from the date of service of the order, the city manager or his 209 designee may issue aA a subsequent order to the owner requiring that all construction 210 and other work on the site, other than corrective measures, be stopped until 211 ^la^ ^^d ^^„ ron? iiro.,.. ? r+er...mi+?.. h,.,o hocn „h+,;.,o,?. e,?G" a.. such corrective measures „i..... r,.,... ....... .,...... ......,........ 212 are implemented. The subsequent order shall be served upon the owner by registered or 213 certified mail to the address specified in the permit application or the land records of the 214 locality in which the site is located. The owner may appeal the issuance of aR gDy order to 215 the circuit court of the jurisdiction wherein the violation was alleged to have occurred. Any 216 person violating or failing, neglecting or refusing to obey an order issued by the city 217 manager or his designee may be compelled in a proceeding instituted in the circuit court 218 of the jurisdiction wherein the violation was alleged to have occurred to obey same and to 219 comply therewith by injunction, mandamus or other appropriate remedy. Upon 220 completion and approval of corrective action, or obtaining an approved plan or any 221 required permits, the order shall immediately be lifted. Nothing in this section shall 222 prevent the city manager or his designee from taking any other action specified in section 223 30-75. 224 COMMENT 225 These revisions to the Erosion and Sediment Control Ordinance are based upon changes to 226 Chapter 10 of the Code of Virginia (HB1009) that will provide further explanation for enforcement 227 actions. 228 Sec. 30-60.1. - Stop work orders by board; civil penalties. 229 (a) An aggrieved owner of property sustaining pecuniary damage resulting from a 230 violation of an approved plan or required permit, or from the conduct of land-disturbing 231 activities commenced without an approved plan or required permit, may give written 232 notice of the alleged violation to the city and to the director of the board. 233 (b) Upon receipt of the notice from the aggrieved owner and notification to the 234 city, the director of the board shall conduct an investigation of the aggrieved owner's 235 complaint. 236 (c) If the city has not responded to the alleged violation in a manner which causes 237 the violation to cease and abates the damage to the aggrieved owner's property within 238 thirty (30) days following receipt of the notice from the aggrieved owner, the aggrieved 239 owner may request that the director of the board require the violator to stop the violation 240 and abate the damage to his property. 241 (d) If (i) the director of the board's investigation of the complaint indicates that the 242 city has not responded to the alleged violation as required by the lesal pregr VESCP, 243 (ii) the city has not responded to the alleged violation within thirty (30) days from the date 244 of the notice given pursuant to subsection (a) of this section, and (iii) the director of the 245 board is requested by the aggrieved owner to require the violator to cease the violation, 246 then the director of the board shall give written notice to the city that the director of the 247 board will request the board to issue an order pursuant to subsection (e) of this section. 248 COMMENT 249 These revisions to the Erosion and Sediment Control Ordinance are based upon changes to 250 Chapter 10 of the Code of Virginia mandated by recent legislation (HB1065). 251 Sec. 30-61. - Program administration, plan review and inspection fee. 252 (a) At the time an erosion and sediment control plan is submitted a plan review fee 253 in the amount of one hundred dollars ($100.00) shall be required. Additional fees include 254 a permit fee in the amount of seventy-five dollars ($75.00) and inspection fees in the 255 amount of one and five-tenths (1.5) percent of the total cost of construction as provided in 256 the engineer's cost estimate for the stormwater management facility, with a fifty dollar 257 ($50.00) minimum. Such fees shall be submitted to the director of planning or his 258 designee and made payable to the treasurer of the City of Virginia Beach. 259 (b) At the time easement or dedication plats are submitted, a review fee in the 260 amount of eighty-four dollars ($84.00) shall be required. 261 (c) The VESCP authoritv shall report to the Department of Conservation and 262 Recreation in a method and on a time schedule established bv the Department of 263 Conservation and Recreation a listinq of each land-disturbinq activitv in the locality for 264 which a plan has been approved under this ordinance. 265 COMMENT 266 These revisions to the Erosion and Sediment Control Ordinance are based upon changes to 267 Chapter 10 of the Code of Virginia mandated by recent legislation (HB1065). They involve the 268 requirement for reporting to the Department of Conservation and Recreation all land disturbing 269 activity. 270 Sec. 30-62. - Riaht of entrv. 271 (a) The VESCP authority or any dulv authorized apent of the VESCP mav, at 272 reasonable times and under reasonable circumstances, enter any establishment or upon 273 anv propertv public or private for the purpose of obtaininq information or conductina 274 surveys or investiqations necessarv in the enforcement of the provisions of this chapter. 275 (b) In accordance with a performance bond with suretv, cash escrow, letter of 276 credit or any combination thereof acceptable to the city attornev, a VESCP authoritv or 277 any duly authorized agent of the VESCP may also enter anv establishment or upon anv 278 propertv public or private for the purpose of initiatinq or maintaininq appropriate actions 279 which are required by the permit conditions associated with a land-disturbinq activitv 280 when a permittee, after proper notice has failed to take acceptable action within the time 281 specified. 282 COMMENT 283 These revisions to the Erosion and Sediment Control Ordinance are based upon comments or 284 deficiencies noted by the Virginia Department of Conservation and Recreation during their audit of 285 the City's Erosion and Sediment Control program and recent changes to Chapter 10 of the Code of 286 Virginia. The amendment above will provide for the right of entry onto property undergoing 287 land-disturbing activity for the purpose of inspection and corrective action. 288 DIVISION 2. - EROSION AND SEDIMENT CONTROL AND TREE PROTECTION PLAN 289 FOR LAND-DISTURBING ACTIVITIES 290 Sec. 30-71. - Regulated land-disturbing activities; submission and approval of 291 control plan. 292 (a) The standards contained within the "Virqinia Erosion and Sediment Control 293 Regulations" and the Virqinia Erosion and Sediment Control Handbook, as amended, are 294 to be used by the applicant when makinq a submittal under the provisions of this 295 ordinance and in the preparation of an erosion and sediment control plan. The VESCP 296 authority, in considerinq the adequacv of a submitted plan shall be quided bv the same 297 standards regulations and quidelines. When the standards varv between the 298 publications the State requlations shall take precedence. 299 (b) Except as provided in section 10.1-564 of the Virginia Code (state agency and 300 federal entitv projects), no person may engage in any land-disturbing activity until such 301 person has submitted to the planning department an erosion and sediment control and 302 tree protection plan for the land-disturbing activity and the plan has been reviewed and 303 approved by the planning department. Such plan must be in compliance with the 304 requlations references quidelines standards and specifications promulqated by the 305 Board for the effective control of soil erosion and sediment deposition to prevent the 306 unreasonable degradation of properties stream channels waters and other natural 307 resources. Said requlations references, quidelines, standards and specifications for 308 erosion and sediment control are included in, but not limited to, the "Virqinia Erosion and 309 Sediment Control Requlations" and the Virqinia Erosion and Sediment Control 310 Handbook, as amended. 311 COMMENT 312 The revisions to the Erosion and Sediment Control Ordinance are based upon comments or 313 deficiencies noted by the Virginia Department of Conservation and Recreation during their audit of 314 the City's Erosion and Sediment Control program and recent changes to Chapter 10 of the Code of 315 Virginia (HB1065). The amendments above list the relevant authorities for the City's erosion and 316 sediment control program. 317 (c) Where land-disturbing activities involve lands under the jurisdiction of more than 318 one VSECP an erosion and sediment control plan may, at the 319 option of the applicant, be submitted to the board for review and approval rather than to 320 each jurisdiction concerned. Where the land-disturbing activity results from the 321 construction of a single-family residence, an agreement in lieu of a plan may be 322 substituted for an erosion and sediment control plan if executed by the director of 323 planning or his designee. 324 (d) In accordance with Virqinia Code Section 10.1-561: 325 (1) Stream restoration and relocation proiects that incorporate natural channel 326 design concepts are not man-made channels and shall be exempt from any 327 flow rate capacity and velocitv requirements for natural or man-made 328 channels; and 329 (2) Any land-disturbinq activity that provides for stormwater manaqement 330 intended to address any flow rate capacity and velocity requirements for 331 natural or man-made channels shall satisfv the flow rate capacitv and 9 332 velocitv requirements for natural or man-made channels if the practices are 333 desiqned to 334 (i) detain the water quality volume and release it over 48 hours; 335 (ii) detain and release over a 24-hour period the expected rainfall 336 resultinq from the one vear, 24-hour storm; and 337 (iii) reduce the allowable peak flow rate resultinq from the 1.5, 2 and 338 10-vear 24-hour storms to a level that is less than or equal to the peak flow 339 rate from the site assuminq it was in a qood forested condition, achieved 340 throuqh multiplication of the forested peak flow rate bv a reduction factor 341 that is equal to the runoff volume from the site when it was in a qood 342 forested condition divided bv the runoff volume from the site in its proposed 343 condition and shall be exempt from any flow rate capacitv and velocitv 344 requirements for natural or man-made channels. 345 COMMENT 346 The revisions to the Erosion and Sediment Control Ordinance are based upon comments or 347 deficiencies noted by the Virginia Department of Conservation and Recreation during their audit of 348 the City's Erosion and Sediment Control program and recent changes to Chapter 10 of the Code of 349 Virginia (HB1065). The amendments above are in reference to the stormwater requirements of 350 natural and man-made channels. 351 Sec. 30-73. - Approval or disapproval 352 (a) The planning department shall review Genservatie-R erosion and sediment 353 control plans submitted to it and grant written approval within forty-five (45) days of the 354 receipt of the plan if it determines that the plan meets the requirements of the board's 355 regulations and if the person responsible for carrying out the plan certifies that he will 356 properly perform the conservation measures included in the plan and will conform to the 357 provisions of this article. 358 (b) When a plan is determined to be inadequate, written notice of disapproval 359 stating the specific reasons for disapproval shall be communicated to the applicant within 360 forty-five (45) days. The notice shall specify such modifications, terms and conditions that 361 will permit approval of the plan. If no action is taken by the VESCP 362 authority within the time specified above, the plan shall be deemed approved and the 363 person authorized to proceed with the proposed activity. 364 COMMENT 365 These revisions to the Erosion and Sediment Control Ordinance are based upon changes to 366 Chapter 10 of the Code of Virginia mandated by recent legislation (HB1065). 10 367 Sec. 30-74. - Changing approved plan. 368 An approved plan may be changed by the planning department ^r +he ,.;+., cnninccr 369 in the following cases: 370 (1) Where inspection has revealed that the plan is inadequate to satisfy 371 applicable regulations; or 372 (2) Where the person responsible for carrying out the approved plan finds that 373 because of changed circumstances or for other reasons the approved plan 374 cannot be effectively carried out, and proposed amendments to the plan, 375 consistent with the requirements of this article, are agreed to by the 376 planning department and the person responsible for carrying out the plan. 377 COMMENT 378 All references to the city engineer in this ordinance have been changed, as the city engineer is 379 no longer involved in the process. 380 .... 381 Sec. 30-76.1. - Variances. 382 The VESCP authoritv mav waive or modify any of the standards contained herein 383 that are deemed to be too restrictive for site conditions. Such variance may be qranted 384 under the followinq conditions: 385 (1) At the time of plan submission an applicant mav request a variance to 386 become part of the approved erosion and sediment control plan. The 387 applicant shall explain the reasons for reauestinq such variances in writinq. 388 Approved variances shall be documented in the plan. 389 (2) Durinq construction the person responsible for implementinq the aqproved 390 plan may request a variance in writinq from the VESCP authoritv. The 391 VESCP authoritv shall respond in writing either approvinq or disapprovinp 392 the request If the request is not approved within ten (10) davs of receipt of 393 the request the request shall be considered to be disapproved. Followinq 394 disapproval the applicant may resubmit the request with additional 395 documentation. 396 (3) The VESCP authoritv shall consider variance requests iudiciouslv, keepinq 397 in mind both the need of the applicant to maximize cost effectiveness and 398 the need to protect off-site properties and resources from damaqe. 399 11 400 COMMENT 401 The revisions to the Erosion and Sediment Control Ordinance are based upon comments or 402 deficiencies noted by the Virginia Department of Conservation and Recreation during their audit of 403 the City's Erosion and Sediment Control program and recent changes to Chapter 10 of the Code of 404 Virginia (HB1065). The addition of the variance procedure will make such procedure consistent 405 with state requirements. 406 Sec. 30-77. - Erosion and sediment control plan for erosion impact 407 area. 408 In order to prevent further erosion a19Gal pregF? VESCP may require approval of 409 a GORsewatmen erosion and sediment control plan for any land identified in the ks4 410 PFegfan; VESCP as an erosion impact area. 411 COMMENT 412 These revisions to the Erosion and Sediment Control Ordinance are based upon recent changes 413 to Chapter 10 of the Code of Virginia (HB1065). Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 th day of August , 2012. APPROVED AS TO LEGAL SUFFICIENCY: C A orney's Office CA12191 R-5 August 3, 2012 12 APPROVED AS TO CONTENT: -51- Itein -VI-J.Ib ORDINANCES/RESOL UTIONS ITEM #62146 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT, §§18-97 re Business License (BPOL) Exemption DEFINING producers selling their own goods Yoting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 28, 2012 -52- Itenz -VI42a/b ORDINANCES/RESOL UTIONS ITEM #62147 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE acquisition of property for right-of-way and tenapoYary/permanent easements, by agreement or condemnation: a. Lesner Bridge Replacement b. Burton Station Infrastructure Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, MayoY William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: None August 28, 2012 1 AN ORDINANCE TO AUTHORIZE a ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE LESNER 4 BRIDGE REPLACEMENT PROJECT (CIP 2- 5 168), AND THE ACQUISITION OF 6 TEMPORARY AND PERMANENT 7 EASEMENTS, EITHER BY AGREEMENT OR a CONDEMNATION 9 io WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for replacement of the Lesner Bridge to enhance safety by replacing ia the aging bridge structure and to improve transportation within the City and for other 13 related public purposes for the preservation of the safety, health, peace, good order, 14 comfort, convenience, and for the welfare of the people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: ia 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seg., Sections 33.1-91, et sec., and Title ai 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee aa simple, including temporary and permanent easements, within the limitations and 23 conditions of Section 33.1-91 of the Code of Virginia of 1950, as amended (the "Property"), 24 as shown on the plans entitled "LESNER BRIDGE REPLACEMENT CIP No. 2-168" (the as "Project") and more specifically described on the acquisition plats for the Project (plats and 26 plans collectively referred to as the "Plans"), the Plans being on file in the Engineering 27 Division, Department of Public Works, City of Virginia Beach, Virginia. as 29 Section 2. That the City Manager is hereby authorized to make or cause to be 30 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 31 reasonable offer to the owners or persons having an interest in said Property. If refused, 32 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 8 t h day of 35 August , 2012. CA12388 PREPARED: 8/8/12 R-1 \\vbgov.com\dfs1 ?applications\citylawprod\cycom32\wpdocs\d001 \p012\00031417.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ?/, )n) nar c . t? tis BLIC WORKS/REAL ESTATE CITY Awto m (D (D a ? ? m ? ? m ? ? U) c ? ? 0 ? C/) CD z. ? N co C N v c 0 W N O N m ? D? x DUPONT'CIR ? ? ? ? ? (p ?° a m ?• ti? ? -__.?-A.w J.?? C/? ~ I.. I .o ? I CO) ?C 01 a ? ;3 OD ? ? (D ? ? ? r (D y 3 (D ? W = ? i C4 i (D ? i (7 D -o m ? _ > m ? z ?° M ? , N ? ? 0 ? ' o? n n y n T m ? ? > o (D-1o m ' N = o a)r*? Z , ? °° ? cQ ? D ? o (D 0 > ?• ? ??'? ? o 0 0 ? ? fD ;JA < 2. 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE BURTON 4 STATION INFRASTRUCTURE PHASE I 5 PROJECT, CIP 9-081.003 AND THE 6 ACQUISITION OF TEMPORARY AND 7 PERMANENT EASEMENTS, EITHER BY 8 AGREEMENT OR CONDEMNATION 9 io WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a ii public necessity exists to improve the public infrastructure in the Burton Station Strategic ia Growth Area, including water, sewer and private utilities, stormwater drainage, 13 transportation, and for other related public purposes for the preservation of the safety, 14 health, peace, good order, comfort, convenience, and for the welfare of the people in the 15 City of Virginia Beach. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ia VIRGINIA BEACH, VIRGINIA: 19 ao Section 1. That the City Council authorizes the acquisition by purchase or 21 condemnation pursuant to Sections 15.2-1901, et sec ., Sections 33.1-91, et sec., and Title aa 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 23 simple, including temporary and permanent easements and entire tracts upon which such 24 rights of way or easements shall be located, within the limitations and conditions of Section 25 33.1-91 of the Code of Virginia of 1950, as amended (the "Property"), as shown on the 26 plans entitled "BURTON STATION SGA VIRGINIA BEACH, VIRGINIA PHASE I 27 INFRASTRUCTURE, CIP NO. #9-081.003,"(the "Project") and more specifically described as on the acquisition plats for the Project (plats and plans collectively referred to as the 29 "Plans"), the Plans being on file in the Strategic Growth Area Office, City of Virginia Beach, 30 Virginia. 31 32 Section 2. That the City Manager is hereby authorized to make or cause to be 33 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 34 reasonable offer to the owners or persons having an interest in said Property. If refused, 35 or if the property owners are unable to convey clear title to the Property, the City Attorney is 36 hereby authorized to institute proceedings to condemn said Property. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 8 t h day of 39 August , 2012. CA12385 7/19/12 R-1 - \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d019\p013\00029361.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM Q?rr ?"I? C aP 1nn?5 ' PU IC WORKS/REAL ESTATE CI Y TORN Y ? m v m m n 6 ? ?C < m ? ? m ? ? ? c v v 0 ? N m 2 $ ? m c m d c -53- Item -11I43a/b ORDINANCES/RESOL UTIONS ITEM #62148 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to DECLARE: a. The property at 124 Lavergne lane EXCESS of the City's needs and AUTHORIZE the City Manager to EXECIITE an Agreement of Sell and Convey to Robert H. and Juanita M. Gordon b. The dwelling at 5405 Keystone Place "blighted and a nuisance ", and AUTHORIZE a Plan to DEMOLISH same and TRANSFER $14,500 to Housing and Neighborhood Preservation for this demolition Yoting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None August 28, 2012 1 AN ORDINANCE DECLARING THE z PROPERTY LOCATED AT 124 LAVERGNE 3 LANE (GPIN 2407-64-8799) TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 SELL THE PROPERTY TO ROBERT H. AND 7 JUANITA M. GORDON s 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that lo certain 11 9,523 sq. ft. parcel of land located at 124 Lavergne Lane (GPIN 2407-64-8799) (the 12 "Property") more particularly described on Exhibit "A" attached hereto and made a part 13 hereof; 14 ls WHEREAS, the City acquired the Property pursuant to the APZ-1 16 Acquisition Program; 17 18 WHEREAS, the City funded the acquisition of the Property through a 19 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 20 contributing fifty percent (50%) of the funds; 21 22 WHEREAS, the Property is in the midst of other residences and at the 23 time of acquisition was improved with a duplex that has since been demolished; 24 25 WHEREAS, Robert H. and Juanita M. Gordon (the "Gordons") own the 26. adjacent property and they have requested to purchase the Property in order to utilize it 27 in a manner compatible with the APZ-1 Ordinance; 28 29 WHEREAS, the Gordons desire to purchase the Property in accordance 30 with the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 31 32 WHEREAS, the APZ-1 Disposition Committee has recommended that City 33 Council declare the Property to be in excess of the City's needs and sell the Property to 34 the Gordons; and 35 36 WHEREAS, the City Council is of the opinion that the property is in excess 37 of the needs of the City of Virginia Beach. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 40 OF VIRGINIA BEACH, VIRGINIA: 41 42 That the Property located at 124 Lavergne Lane (GPIN 2407-64-8799) is 43 hereby declared to be in excess of the needs of the City of Virginia Beach and that the 44 City Manager is hereby authorized to execute any documents necessary to convey the 45 Property to Robert H. and Juanita M. Gordon in conformity with the Summary of 46 Terms attached hereto as Exhibit B and such other terms, conditions or modifications 47 as may be acceptable to the City Manager and in a form deemed satisfactory by the 48 City Attorney. 49 Further, that revenue from the sale of the Property in the amount of 50 $9,523 shall be received and appropriated to CIP #9-060, Oceana and Interfacility 51 Traffic Area Conformity and Acquisition, of which fifty (50) percent shall be reserved for 52 the City Manager refunding the Commonwealth's portion in accordance with the grant 53 agreement. A manual encumbrance will be established to ensure that the $4,761.50 54 retained by the City will be available for BRAC program acquisitions in future years per 55 the agreement with the Commonwealth. 56 57 This ordinance shall be effective from the date of its adoption. 58 59 Adopted by the Council of the City of Virginia Beach, Virginia, on the 60 28th day of August , 2012. CA12179 R-1 7/24/12 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d029\p014\00025989.doc APPROVED AS TO CONTENT 'Aarmw C blic Works APPROVED AS TO CONTENT Management Services APPROVED AS TO LEGAL SUFFICIENCY Citi At ney' Office EXHIBIT "A" GPIN• 2407-64-8799 (124 Laverane Lane) All that certain lot, piece or parcel of land, lying, situated and being in the City of Virginia Beach (formerly Lynnhaven Magisterial District, of Princess Anne County), Virginia, and known as Lot numbered 25 on the plat entitled, "West Oceana Gardens, Princess Anne Co., Va., Plat for E. M. Tynes, June 1950," by W.B. Gallup, County Surveyor, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 25, at page 83, reference is hereby made to said plat for a more particular description of the said property. LESS AND EXCEPT all right, title and interest of the Seller in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the above-described property. IT BEING the same property conveyed to the City of Virginia Beach by deed dated October 4, 2011 from Eugene Melvin Raines and Faye Davis Raines, Trustees of the Eugene Melvin Raines and Faye Davis Raines Revocable Living Trust Dated June 9, 1989, which deed was recorded in the aforesaid Clerk's Office on October 12, 2011 as Instrument number 20111012001050930. ExxiBiT "B„ SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 124 LAVERGNE LANE Seller: City of Virginia Beach Buyers: Robert H. and Juanita M. Gordon, husband and wife Property: 9,523 square feet of property generally known as 124 Lavergne Lane (GPIN: 2407-64-8799) Legal Description: See Exhibit "A" to Ordinance Sale Price: $9,523 CONDITIONS OF SALE: • Property is purchased "As Is, Where Is." • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • Buyers shall resubdivide the Property at their expense to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. ? . , ;D ? a , t Q CD `? 0 "a C: ? -Q •? 2?Cj ?N, (D "e ?.?---- ? ? l - `D m ? Q (D °D 1 CD 0 ? N ? _ fl 'm Q o cn G) ? 0 t sL c?n __.?-----?----?`"`__?.?.r•""'"1 f? X D ? ? Q ? o --- - ? R n 1 T! l N ?t rn z Y > Q ? ? n ? ? z? ? ? - ? ? ,? ?< Q ? - ? s? ? Q m J ? _ ? Zj 0 0 ?J ? Z ? ` (0 ? Q -4 "n ? m A > ? (0 'o x -n (D ? a ? C ?J ? W ? 13 0 ----r- ? u ? ? ?^"'.,.P^'„r'??..n.w""""-- ^`"'??...,•^ ....---- ? a Q ? ? 1 ?IW ?d32?1? ` Q?{ x? i ? ? s ? p a a ? ? cn ? ? 1- 0 C? - N? ? ? Q C3 Oa ? OC3 _ ? ? 1 AN ORDINANCE DECLARING THE SINGLE-FAMILY 2 DWELLING AT 5405 KEYSTONE PLACE BLIGHTED AND 3 A NUISANCE, ADOPTING A PLAN TO DEMOLISH SUCH 4 DWELLING, AND TRANSFERING $14,500 FROM 5 RESERVE FOR CONTINGENCIES TO THE FY 2012-2013 g OPERATING BUDGET OF THE DEPARTMENT OF 7 HOUSING AND NEIGHBORHOOD PRESERVATION 8 9 10 WHEREAS, property located at 5405 Keystone Place (the "Property"), in the City 11 of Virginia Beach contains a single-family dwelling (the "Dwelling"); and 12 13 WHEREAS, the Dwelling has been the subject of numerous Property 14 Maintenance Code violation notices, and the owner thereof has failed to remedy such 15 violations or to maintain the Dwelling; and 16 17 WHEREAS, the Dwelling has been determined to be unsafe and unfit for human 18 habitation since January 2012; and 19 20 WHEREAS, the Dwelling constitutes a"blighted property" within the meaning of 21 Virginia Code Section 36-3; and 22 23 WHEREAS, the Department of Housing and Neighborhood Preservation, as the 24 designee of the City Manager, has made a preliminary determination that the Dwelling 25 is blighted and has notified the owner by letter dated May 30, 2012 of such 26 determination and the reasons therefor, to-wit: 27 28 1. The Dwelling has been boarded and vacant for at least three (3) 29 months; 30 31 2. The Dwelling has been the subject of documented complaints; 32 33 3. The Dwelling continues to be in violation of the Property 34 Maintenance Code; and 35 36 4. The Dwelling is dilapidated and uninhabitable; and 37 38 WHEREAS, the Owner of the Dwelling has failed to cure the blight or present a 39 reasonable plan to do so; and 40 WHEREAS, the Department of Housing and Neighborhood Preservation has 41 presented a plan for the repair or other disposition of the Dwelling, to-wit: that it should 42 be declared blighted and a nuisance and thereafter demolished; 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 45 OF VIRGINIA BEACH, VIRGINIA: 46 47 1. That the Dwelling located at 5405 Keystone Place is declared to be a 48 blighted property, in that it endangers the public's health, safety and welfare because it 49 is dilapidated, deteriorated and violates minimum health and safety standards, in 50 accordance with Virginia Code Section 36-49.1:1; 51 52 2. That the Dwelling is hereby declared to be a nuisance and, in accordance 53 with the plan presented by the Department of Housing and Neighborhood Preservation, 54 shall be demolished; 55 56 3. That the cost of such demolition shall be a lien on the Property, bearing 57 interest at a rate of six (6) percent per annum; and 58 59 4. That $14,500 is hereby transferred from Reserve for Contingencies to the 60 FY2012-2013 Operating Budget of the Department of Housing and Neighborhood 61 Preservation. 62 28th 63 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 64 of August , 2012. 65 APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: ', ?CJ v _ Depa ousing and Department of Management ervices Neiqh r od Preservation APPROVED AS TO LEGAL SUF I NCY: City Attorney CA12370 R-2 August 15, 2012 2 CITY OF VIRGINIA BEACH Spot Blight Report 5405 Keystone Place City Council August 28, 2012 Staff: Andrew Friedman, Dept. of Housing and Neighborhood Preservation Wells Freed, DHNP Code Enforcement Location and General Infcrrma#ion LOCATION: 5405 Keystone Place ? m , :91N 1?6t501KEYRrOM PL ? F?1 ri4J.EY 1?t?4?0iM ' ON N.°YSMM PL Fim" 1MiJ.l1f IM 1?ddD1?0 . 1460Dl7'G-ODM ; 1 MMCBPALl.EYDR 1i?17ngnonnn hy???41 MANCLACT iW Momi WLLEyce 0 CITY OF VIRGINIA BEACH Spot Blight Report - 5405 Keystone Place Page 1 ?diint,c s , rCMisbSAPs ? t ?j Kempsville Rd .77,77,71 ?. Centerville Tpke y ?? ??????? ¢ N"??? J ' a"as `J , y `x{.?+.a'K .,2 'E lr .. }1 . . l ? ' . f 5 . Subject Property cNaRLESrowN tP 4 i ?f ii.4f ? ? E ? . . .. . . . . . ? . . ? , . . . . . .. ? ? . ` ?' , ? . . ?.? . g .. . ? tl r? ' . 4T . . . :' .N4? ? . ? . . . ? , f'k?. . . . . } S'? CITY OF VIRGINIA BEACH Spot Blight Report - 5405 Keystone Place Page 2 Property Information GPIN 14650180660000 OWNER LEMEISHA T. FITZGERALD COUNCIL Centerville ELECTION DISTRICT SITE SIZE 7,700 Square feet EXISTING LAND Single-family residential USE SURROUNDING North - Single-family residential LAND USE AND East - Single-family residential ZONING South - Single-family residential and commercial West - Multi-family residential and commercial The Charlestown Lakes subdivision is located off of Kempsville Rd and Centerville Turnpike AICUZ N/A Ke Facts - 5405 Ke stone Place Date Determined Unsafe 1/18/2012 Number of Code Enforcement Notices Issued 14 Assessed Value as of July 1, 2012 $211,900 Land Value $85,100 Buildin Value $126,800 Appraised Value Based on Current Condition $148,000 Liens Due $1130 Estimated Repairs Needed $55,000 CITY OF VIRGINIA BEACH Spot Blight Report - 5405 Keystone Place Page 3 Summary af Proposa This property is the subject of possible action under the "spot blight authority," Section 16-39 of the City Code. It is being recommended for action due to its condition, the responsible party's ongoing failure to bring the property into compliance, and to restore the structure to a habitable condition. Under the process required by the City Code, City Council must hold a public hearing, determine that the property meets the definition of "blighted property" and that the owner/responsible party has failed to remedy or present a plan sufficient to remedy the blight. "Blighted property" is defined as follows under city code 16-39(b): [A]ny individual commercial, industrial, or residential structure or improvement that endangers the public's health, safety, or welfare because the structure or improvement upon the property is dilapidated, deteriorated, or violates minimum health and safety standards, or any structure or improvement previously designated as blighted under the process for determination of "spot blight". The principal structure on the property, a single-family dwelling, was determined to be unsafe on 1/18/2012, as it was vacant and open. The Department of Housing and Neighborhood Preservation (DHNP) / Code Enforcement Division has issued 14 notices of violation, including 7 property maintenance notices and 5 notices for exterior code violations. Court action was initiated against the former property owner in 2011; however, this proved to be ineffective and the case was closed. The initial notice in the spot blight process was issued on 5/30/2012, notifying the property owner and the mortgage company that they must present a plan to correct blighted conditions within thirty days. To date, there has been no response to this notice. A copy of this report, the proposed ordinance, and the Council agenda request was mailed to the property owner and the mortgage company on August 16, 2012, and revised copies were mailed by Express Mail on August 21, 2012. r ?s, ...?. ?-,.. _N1? ' aJOr,ISSLJeS Plan for Use of Propertv - Should City Council determine that this the single-family dwelling on the property meets the necessary criteria under the Spot Blight Ordinance, the recommended action is demolition of the dwelling. Recommended Action - Demolition: In lieu of acquisition, under Section 16-39 (i) City Council may declare the property to be blighted and to constitute a nuisance, and have the structure removed. The actual demolition costs to the city would be charged to the property owner of record and a lien placed against the property to ensure funds are recovered. CITY OF VIRGINIA BEACH Spot Blight Report - 5405 Keystone Place Page 4 Results: The blighted structure will be removed, and the property will remain under ownership of the current owner. Considerations: The cost of demolition will be placed as a lien against the property. There is a risk that this cost may not be recoverable in the near term. Staff will coordinate with the City Treasurer to assume collection of funds. Post Demolition Results Ownership Structure Occupancy Cost and Outcome Condition Issues Remains Private Demolished Vacant lot Mid-range cost option; costs likely to be recovered COStS Item Amount Explanation Advertising, legal, appraisal and holdin costs $ 2,000 Title search, appraisal, etc. Estimated demolition cost $10,000 Contingency for unanticipated ex enses $ 2,500 Additional abatement and demolition assessment costs Total Pro'ect Cost $14,500 Requested Action It is requested that City Council make the following determinations: 1. That the principal structure (single-familv dwelling) located on the propertv is bli hted. The property meets the criteria for blight as outlined in the Spot Blight Ordinance. • This property has been vacant for over 1 year • This property has been the subject of 14 code enforcement notices in the past 1.5 years • The structure is in poor condition. Code violations remain on the exterior and the interior has been completely destroyed. The property is an eyesore to the neighborhood. • The property owner owes $1130 in liens to the Department of Housing and Neighborhood Preservation for contractual nuisance abatement processes. CITY OF VIRGINIA BEACH Spot Blight Report - 5405 Keystone Place Page 5 2. That the owner or responsible party has failed to cure the bliqht and has failed to present a reasonable plan to do so. A notice of the Spot Blight Abatement was issued on 5/30/2012. The notice stated that they must present a plan to correct blighted conditions within thirty days. To date, no plan has been presented. Demolitien: 1. The city would issue an RFP to have the structure demolished and place a lien against the property to recover the cost of the demolition. 2. The current property owner would retain ownership of the property and the city will attempt recover all costs associated with the demolition through collection efforts by the City Treasurer or at which time the property is sold. Recommendation: Authorize staff to carry out demolition action. Authorize the transfer of $14,500 to DHNP operating budget to carry this out. Exhibits "IR Attachments: Photographs of the subject property CITY OF VIRGINIA BEACH Spot Blight Report - 5405 Keystone Place Page 6 CITY OF VIRGINIA BEACH Spot Blight Report - 5405 Keystone Place Page 7 CITY OF VIRGINIA BEACH Spot Blight Report - 5405 Keystone Place Page 8 CITY OF VIRGINIA BEACH Spot Blight Report - 5405 Keystone Place Page 9 CITY OF VIRGINIA BEACH Spot Blight Report - 5405 Keystone Place Page 10 -54- Item -VI-J.4 ORDINANCES/RESOL UTIONS ITEM #62I49 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $75, 000 to the CleYk of the Circuit Court re maintenance of their Electronic Recording System Voting.• 11-0 (By Consent) Council Members Yoting Aye: Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 28, 2012 1 AN ORDINANCE TO APPROPRIATE FUNDS TO THE 2 CLERK OF THE CIRCUIT COURT TO PROVIDE FUNDING 3 FOR THE ELECTRONIC RECORDING SYSTEM 4 MAINTENANCE CONTRACT 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 That $75,000 of revenue from copying charges is hereby appropriated, with 8 estimated revenue increased accordingly, to the FY 2012-13 Operating Budget of the Clerk 9 of the Circuit Court for maintenance costs of the electronic recording system. Ado ted by the Council of the City of Virginia Beach, Virginia on the 28th day of Augus? 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT ' Q Management Services APPROVED AS TO LEGAL SUFFICIENCY: < ? r y' Office CA12371 R-1 August 15, 2012 -55- Item -VI-J. S ORDINANCES/RESOL UTIONS ITEM #621 SO Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT, APPROPRIATE and TRANSFER $32,948 re defibrillators and equipment for ambulances Yoting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R`Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Mernbers Yoting Nay. None Council Members Absent: None August 28, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS AND TO TRANSFER RESERVE FUNDS FOR THE PURCHASE OF DEFIBRILLATORS AND RELATED EQUIPMENT FOR AMBULANCES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1) $32,948 is hereby accepted from the Virginia Department of Health, Office of Emergency Medical Services and appropriated, with estimated state revenues increased accordingly, to the FY 2012-13 Operating Budget of the Department of Emergency Medical Services for costs of replacement defibrillators and related equipment; and 2) $32,948 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2012-13 Operating Budget of the Department of Emergency Medical Services to provide the required local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day of August , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT Management Services APPROVED AS TO LEGAL SUFFICIENCY: ? .l AV--? r y s Office CA12367 R-1 August 10, 2012 -56- Iteni -VI-K PLANNING 1. ROYAL AUTO SALES, L.L.C 2. GRACE BIBLE CHURCH 3. STIHL INCORPORATED 4. CITY OF VIRGINIA BEACH ITEM #62151 MODIFICATION OF CONDITIONS MODIFICATION OF CONDITIONS CONDITIONAL USE PERMIT COMPREHENSIVE PLAN - HILLTOP SGA; CZO and STREET CLOSURE August 28, 2012 -57- Item -VI-K PLANNING ITEM #62152 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items l and 2, 3, 4 and Sb/c of the PLANNING AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson anct James L. Wood Council Members Voting Nay: None Council Members Absent: None August 28, 2012 -58- Item -VI-K.1 PLANNING ITEM #62153 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED/CONDITIONED, BY CONSENT, Application of ROYAL AUTO SALES, L.L.C./MAH DEVELOPMENT, L.L.C. for Modification of Conditions Nos. 1 and 6(approved November 25, 2003) to allow additional vehicles ` for sale " at 4928 Virginia Beach Boulevard DISTRICT 4- BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ROYAL AUTO SALES, L.L.C./MAH DEVELOPMENT, L.L.C. for Modification of Conditions Nos. 1 and 6(approved November 25, 2003) to allow additional vehicles ` for sale " at 4928 Virginia Beach Boulevard (GPIN 1477152473) DISTRICT 4 - BAYSIDE The following conditions shall be required: All conditions, with the exception of Number 1 and Number 6 attached to the Conditional Use Permit granted by the City Council on November 25, 2003, remain in effect. 2. Condition Number 1 of the November 25, 2003, Conditional Use Permit is deleted and replaced with the following.• "The site shall be developed in substantial conformance with the submitted exhibit Auto Source ", originally prepared by PHRA, and as revised August 6, 2012. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. " 3. Condition Number 6 of the November 25, 2003, Conditional Use Permit is deleted and replaced with the following: "The site is limited to no more than thirty one (31) vehicles for display or sale. TTehicles shall be parked within the areas designated on the Site Plan described in Condition 1. Display areas shown on the Site Plan shall be clearly marked on the pavement of the site. No vehicles shall be parked or displayed within any portion of the public right-of-way. No vehicles shall be displayed on ramps. Vehicles shall not be used as barriers to prevent ingress or egress of the site. Storage of vehicles awaiting sale shall not obstruct Fire Department access to the site. " 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 Twenty-Eighth day ofAugust, Two Thousand Twelve August 28, 2012 -59- Item -VI-K.1 PLANNING ITEM #62153 (Continued) Voting.• 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent: None August 28, 2012 -60- Item -VI-K.2 PLANNING ITEM #62154 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED/CONDITIONED BY CONSENT, Application of GRACE BIBLE CHURCH for Modi acation of Conditions Nos. 1 and 2 (approvedApril 24, 2007 and Modified May 25, 2010) to allow a tent at 2956 Ansol Lane DISTRICT 6- BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of GRACE BIBLE CHURCH for Modification of Conditions Nos. 1 and 2(approved April 24, 2007 and Modified May 25, 2010) to allow a tent at 2956 Ansol Lane (GPIN 1497137848) DISTRICT 6- BEACH The following conditions shall be required: All conditions, with the exception of Number 1 and Number 2 attached to the Conditional Use Permit granted by the City Council on April 24, 2007, and Modified May 25, 2010, remain in effect. 2. Condition Number 1 of the May 25, 2010, Conditional Use Permit is deleted and replaced with the following.• "When the site is developed, it shall be developed in substantial conformance with the Plan entitled, "Grace Bible Church; Ansol Lane, West of Landmark Square, " prepared by Martin Engineering and dated March 26, 2010, except the applicant may erect a tent in the area of proposed Phase 3 depicted on the Site Plan subject to Conditions 4, S, and 6 of this Modification. " 3. Condition Number 2 of the May 25, 2012, Conditional Use Permit is deleted and replaced with the following.• "The church building shall be constructed in substantial conformance with the elevation entitled "New Facility for Grace Bible Church; Virginia Beach, Virginia, " prepared by Covington Hendrix Anderson Architects, and dated March 23, 2010, except the applicant may erect a tent in the area of proposed Phase 3 depicted on the Site Plan subject to Conditions 4, S, and 6 of this Modification. " 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 Twenty-Eighth day of August, Two Thousand Twelve August 28, 2012 -61- Item -VI-K.2 PLANNING ITEM #62154 (Continued) Yoting: 11-0 (By Consent) Council Members Yoting Aye: Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 28, 2012 -62- Item -VI-K.3 PLANNING ITEM #62155 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED BY CONSENT, Application of STIHL INCORPORATED for a Conditional Use Permit re a wind energy conversion system at 825 London Bridge Road DISTRICT 6- BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of STIHL INCORPORA TEDfor a Conditional Use Permit re a wind energy conversion system at 825 London Bridge Road (GPIN 1496930966) DISTRICT 6- BEACH The following conditions shall be required: "The WECS shall be maintained substantially in accordance with the submitted Plan entitled "Zocation of Wind Turbines at Guide Bar, " dated 113012012. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning DepartnZent. " This Ordinance shall be effective in accordance with Section 107(o of the Zoning Ordinance. Adopted by the Ciry Council of the City of Virginia Beach, Virginia, on the Twenty-Eighth day ofAugust, Two Thousand Twelve Yoting: 11-0 Council Members YotingAye. Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Poting Nay: None Council Members Absent: None August 28, 2012 -63- Item -VI-K.4 PLANNING ITEM #62156 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED/CONDITIONED, BY CONSENT, Application of WORLD FAMOUS INK13509 VA BEACH BLVD LLC for a Conditional Use Permit re a tattoo parlor, body piercing and permanent make-up establishment at 3509 Virginia Beach Boulevard DISTRICT 5- LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of WORLD FAMOUS INK13509 VA BEACH BLVD LLC for a Conditional Use Permit Ye a tattoo parlor, body piercing and permanent make-up establishment at 3509 Virginia Beach Boulevard (GPIN 1487648360) DISTRICT S - LYNNHAVEN The following conditions shall be required: The Conditional Use Permit for a tattoo, body piercing and permanent make-up establishment is approved for a period of one (1) year, with an administrative review every year thereafter. 2. A Business License shall not be issued to the applicant without the approval of the Health Department for consistency with the provision of Chapter 23 of the Ciry Code. 3. Any on-site sigraage for the tattoo body piercing, and permanent make-up establishment shall meet the requirements of the City Zoning OYdinance (CZO), and there shall be no signs, including neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows or on the doors. 4. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. 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 Twenty-Eighth day of August, Two Thousand Twelve August 28, 2012 -64- Item -VI-K.4 PLANNING ITEM #62156 (Continued) Yozing: 11-0 Council Members Voting Aye: Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Cauncil Members Absent.• None August 28, 2012 -65- Itein -VI-K. Sa PLANNING ITEM #62157 The following individual registered to speak: Barbara Messner spoke in OPPOSITION to the Hilltop Strategic Growth Area Master Plan. Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council ADOPTED, Application of the City of Virginia Beach to AMEND the Comprehensive Plan re the Hilltop Strategic Growth Area Master Plan (July 2012) and REVISED the Policy Document Voting: 10-0 Council Members Voting Aye: Glenn R Davis, 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, Rosemary Wilson and James L. Wood Council Members Yoting Nay: John D. Moss Council Members Absent.• None Aicgust 28, 2012 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN BY ADOPTING THE HILLTOP STRATEGIC 3 GROWTH AREA MASTER PLAN, JULY 2012 AND REVISE 4 THE POLICY DOCUMENT 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the Strategic Growth Area Master Plan for the Hilltop Area has been 10 developed with extensive input from the community and all stakeholders; 11 12 WHEREAS, there are several revisions that are necessary to bring the adopted 13 Comprehensive Plan into conformity with the Hilltop Strategic Growth Area Master Plan, 14 July 2012; and 15 16 WHEREAS, the Hilltop Strategic Growth Area Master Plan, July 2012, and the 17 attached revisions to the Policy Document should be adopted as part of the 18 Comprehensive Plan. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 24 amended and reordained by: 25 26 1. The adoption of the Hilltop Strategic Growth Area Master Plan, July 2012. 27 Such document is made a part hereof, having been exhibited to the City Council and is 28 on file in the Department of Planning; and 29 30 2 The revision of the Policy Document, pertaining to the Hilltop Strategic 31 Growth Area Master Plan, July 2012 as shown on the attached document entitled 32 "Comprehensive Plan Policy Document Amendment, Chapter 2: Urban Area Strategic 33 Growth Area 7 Hilltop, July 2012." Such document is made a part hereof, having been 34 exhibited to the City Council and is on file in the Department of Planning. 35 36 COMMENT 37 38 The ordinance amends the Comprehensive Plan by the adoption of the Hilltop Strategic 39 Growth Area Master Plan, July 2012. The current provisions of the Comprehensive Plan 40 pertaining to this area are revised to reflect the adoption and relevant provisions of the Hilltop 41 SGA Master Plan. 42 43 Adopted by the Gouncil of the City of Virginia Beach, Virginia, on this 28th 44 day of August , 2012. 45 46 APPRO ED AS TO ONTENT: K Plan ing partment CA12322 R-1 June 22, 2012 APPROVED AS TO LEGAL SUFFICIENCY: yfy - r City Attorney's Office Comprehensive Plan Policy Document Amendment Chapter 2: Urban Area Strategic Growth Area 7 Hilltop July 2012 (Text to be deleted is shown as °tF'k^Ugh. Text to be added is underlined.) (Policy Document: Text to be deleted is shown as strikethrough. Text to be added is underlined. Map deletions and additions in bold.) Comprehensive Plan Land Use Map page 1-10 Delete the following map: Gb g" a, ? s ? ' I1?, ? ? ? ??• ? ? \ ? ??? k . ? ?f ? ? ? 1? . 3 ? ar.woK rre.nn a.a sw•u ' g' .; , t Bunm aa?m _ CMaWMR?qrM I ? ') H??te?ll I ? PwiBW ,? R 6 L/?MHM j ? R t R?unM?a ? W * ?. 3 L"Wb fWC1ia?0 M?mYq ?MN? ¦ llr+l?ple 6rwN Arw OMA1 , ? O4?a ??a bar Wa lel6?) ? Ll??pr IaeVS4ro Il1? .f: 72M?n11?N L'? Yrtary erOll?llan? lInIMC w?.s /?.n„maomeo«.ww?woIa.HU . NoAhCarolina . . ? wr M?la CamwrcNi cwwws • wrca?r?.o Comprehensive Plan Map 1 Replace with the following map: __.._- - -- ---, ? £ I But:n'!-n n I n • N , ? 3 CMG.Me 5 F.wnwl $ ? wvlia.n ?r l wirb: < F Pl, i ???Ild fwtlWSe vwnMf?rw ? Nwpk G?w? w? paAl Q 9yK1Y Feaamis GsW?Ma 1866A1 O MCUOn Fxua A- lWA) ? b1?n11M ?llu~ ."?j WRW MWrlena Ruw! NM Va? LuC1IM ? ?MMt YM CVM 9Yxv lNrprihm f00.ena1 ?Ift.0 YyorCammasMlCxM- Comprehensive Plan Map 2 Page 2-2, Policy Document 8 Strateqic Growth Areas 8 Strategic Growth Areas Delete the following map: Replace with the following map: Pages 2-26 et seq. P. 2-26 $TRATEGIC GROWTH AREA 7 HILLTOP DESCRIPTION T-qe-peA4e€ Hilltop Stratesic Growth Area (SGA) is home to a wealth of local businesses with a varietv of retail, restaurant, office, health, and recreational uses. The SGA is aenerallv bound bv a diverse muc of retail located north of Laskin Road, Lvnnhaven Strategic Growth Area to the west, Linkhom Bav to the east and Potters Road to Fge the south. , Though this area is located within a high noise zone, it is a good candidate for redevelopment and reinvestment because of its existing commercial strength and its proximity to the Oceanfront Resort Area, NAS Oceana, and I- 264 interchange. The area south of I-264 is subject to greater AtCUZ restrictions due to the presence of accident potential zones and the clear zone. Page 2-26 Delete the following map: 4 Replace with the following map: PP. 2-27 et seq. HILLTOP RECOMMENDATIONS The Hilltop SGA Master Plan available in the online document librarv at www.VBgov.com/planning, transitions under-utilized commercial propertv into a transit-readv retail and office mixed-use urban environment builds a network of streets to improve traffic flow, qrovides trails and sidewalks for pedestrians and cvclists matches the aualitv of local businesses with an eauallv memorable built setting and provides additional transit connections. The Hilltoq SGA Master Plan represents a unique opportunitv to enhance an established retail market area with a distinct identity within the Citv. With improved streets will be sidewalks, crosswalks, landscaping and lijzhting that will transform Hilltoq into a walkable district. Over time, existing retail buildings will be replaced with new retail buildings built facing the new streets. The suburban pattern of highwavs lined with parking lots and strip centers will graduallv sive wav to a new qedestrian friendlv mixed-use district. The following summarizes the kev recommendation of the Hilltop SGA Master Plan: ;o Define a clear hierarchy of streets to establish a structure of development blocks and reconnect places. Major street improvements should support urban, walkable environments that are positioned to service growth. 'v Build upon the existing natural resources to expand access to pubiic open space through an interconnected system of parks and trails. ? Evaluate repositioning the proposed transit station to the core of the Hilltop SGA with street and trail improvements to promote transit-oriented economic development. 'v Incorporate an Urban Tree Canopy Program within the Hilltop SGA to create a pedestrian environment and aid stormwater management. ie Encourage redevelopment of obsolete commercial structures with new buildings placed according to new urban planning standards for the district. -W .J Ir ..+s sM..uI.d .,rL.Ge ell ..Ia., ed miti ..f I,CVM .. ..Ii*.. .ar..il .,ffi..e ?. I1 *_ A 1('1 17 ' _ *' i!`+i^' --, - -sCd.,..F:-.I ... L.n+el u- - - e dcd. , awaetive and efgeieRt FR,_,'t-'-mAdaI trai; peFtatmeR systeFn that links Holitep, it-s +L... ..+..f \/ir a Q.. ..L. and the 1a er mn+ri+....Iit..n enviFess- i ' ? 7- 'dGr pI..n n-.Ils fier +he Feme.inl of a11 snFiine rearls.I a .. yoclne....-:.ri•... sier3om r;eFF > Delete the following images: - -_1 Underdeveloped Property 6 Medium Density Mixed Use Development Quality Office Development Insert the following graphics: AERIAL PERSPECTIVE OF LASKIN ROAO PREFERRED ALTERNATIVE WITH TRANSIT HILLTOP SHOPPIN6 CENTER REDEVELOPMENT PERSPECTIVE AERIAL PERSPECTIVE LOOKING SOUTH OVER POTENTIAL KMART REDEVELOPMENT CASE STUDY Item # 1 City of Virginia Beach An Ordinance to amend the Comprehensive Plan by Adopting the Hilltop Strategic Growth Area Master Plan, Ju1y2012, and revising the Policy Document. CONSENT An Ordinance to amend the Comprehensive Plan by Adopting the Hilltop Strategic Growth Area Master Plan, July 2012, and revising the Policy Document. The Hilltop Strategic Growth Area Master Plan is the result of an extensive public participation process involving residents in the area, property owners, the business community, environmentalists, Navy, City and other stakeholders. The document provides guidance to assist in creating a sense of place within the many components of the Hilltop Strategic Growth Area. The master plan sets the framework to continue forward in a direction that reflects the area's history, is sensitive to the environment, acknowledges existing conditions and responds to the challenges of transportation and infrastructure needs. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABSENT By a vote of 10-0, the Commission approved item 1 by consent. Paul Ostergaard appeared before the Commission on behalf of the applicant. -66- Item -VI-K.Sb PLANNING ITEM #621 SS Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY CONSENT, Application of the City of Virginia Beach to AMEND the Sections 111, 203, 901 and 1521, REPEAL Section 233.3 and ADD Section 239.03 of the City Zoning Ordinance (CZO), DEFINING "Open-Air Markets, " DELETING the term "Flea Markets, " ADDING Open-Air Markets and DELETING Flea Markets as Conditional Uses in the B-2, B-3, B-3A, B-4, B-4C and RT-3 Districts and ESTABLISHING off-street parking requirements for Open-Air Markets Voting: 11-0 Council Members Troting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None August 28, 2012 1 AN ORDINANCE TO AMEND SECTIONS 111, 203, 901 2 AND 1521, REPEAL SECTION 233.3, AND ADD SECTION 3 239.03 OF THE CITY ZONING ORDINANCE, DEFINING 4 THE TERM "OPEN AIR MARKETS," DELETING THE TERM 5 "FLEA MARKETS," ADDING OPEN AIR MARKETS AND 6 DELETING FLEA MARKETS AS CONDITIONAL USES IN 7 THE B-2, B-3, B-3A, B-4, B-4C AND RT-3 DISTRICTS AND 8 ESTABLISHING OFF-STREET PARKING REQUIREMENTS g FOR OPEN-AIR MARKETS 10 11 Sections Amended: City Zoning Ordinance Sections 111, 12 203, 901 and 1521 13 14 Section Repealed: City Zoning Ordinance Section 233.3 15 16 Section Added: City Zoning Ordinance Section 239.03 17 18 WHEREAS, the public necessity, convenience, general welfare and good zoning 19 practice so require; 20 21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA: 23 24 That Sections 111, 203, 901 and 1521 of the City Zoning Ordinance are hereby 25 amended and reordained, new Section 239.03 of the City Zoning Ordinance is hereby 26 added, and Section 233.3 of the City Zoning Ordinance is hereby repealed, to read as 27 follows: 28 29 ARTICLE 1. - GENERAL PROVISIONS 30 .... 31 Sec. 111. - Definitions. 32 For the purpose of this ordinance, words used in the present tense shall include the 33 future; words used in the singular number include the plural and the plural the singular; 34 the use of any gender shall be applicable to all genders; the word "shall" is mandatory; 35 the word "may" is permissive; the word "land" includes only the area described as being 36 above mean sea level; and the word "person" includes an individual, a partnership, 37 association, or corporation. 38 39 In addition, the following terms shall be defined as herein indicated: 40 41 .... 42 43 F4ea . , 44 , 45 . 46 47 , 48 , 49 , i , ternpeFaFy 50 , 51 52 .... 53 54 Open-air market An outdoor market for the retail sale of new or used merchandise, 55 produce or other farm products whether operated bv a sinqle vendor or composed of 56 stalls stands or spaces rented or otherwise provided to vendors. The term does not 57 include the outside displav of inerchandise as an incidental part of retail activities 58 regularly conducted from a permanent buildinq on sidewalks or other areas immediately 59 adiacent to and upon the same lot as such buildinq. The term also does not include 60 merchandise sold at festivals or other special events temporarv in duration, at which 61 the displav and sale of inerchandise is incidental to the primarv cultural informational or 62 recreational activities of such festival or special event. 63 64 .... 65 66 COMMENT 67 68 The amendments substitute the term "open-air market" for "flea market." The definitions 69 are substantively identical, but the definition of "open-air market" clarifies that sales of produce or 70 other farm products are included within the definition. 71 72 73 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 74 ALL DISTRICTS 75 76 .... 77 78 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 79 PARKING AND OFF-STREET LOADING 2 80 .... 81 82 Sec. 203. Off-street parking requirements. 83 (a) The following specified uses shall comply with the off-street parking requirements 84 designated ?"°r?e therefor: 85 (29) Retail establishments, including beverage manufacturing shops-,41ea and 86 open-air markets: One space per two hundred fifty (250) square feet of 87 floor area; 88 .... 89 gp COMMENT 91 92 The amendments substitute the term "open-air markets" for "flea markets" and make 93 stylistic changes. 94 95 .... 96 97 C. CONDITIONAL USES AND STRUCTURES 98 99 .... 100 C°^. 744,4, Clea marLetc. [Reserved] 101 , 102 , ? 103 ite, ORG!ud*Rg do )f the sales aFea, 104 , ; 105 ; 106 (3) The , . , 107 ts-b . 108 , 109 , 110 : 111 112 ; 113 ? 114 , 3 115 , W 116 i , 117 uce; „^t o^e^ for hUcine&&• ..,, . , 118 . . 6:00 . ., 119 unlo s nthon?ii?o cr?onifioi^I iri tho nr)n`JitinRal uoo norm?,„+'?anQ r 120 121 122 w , 123 124 125 126 127 128 129 COMMENT 130 131 The amendments repeal Section 233.3, setting forth conditional use permit standa rds for 132 flea markets. 133 134 .... 135 136 Sec. 239.03. Open-air markets. 137 138 (a) Applications for conditional use permits shall include, in addition to the 139 information required bv section 221 of this ordinance the followinq information: 140 141 (1) A plan depictinq the lavout of the site includinq dimensions, of the 142 sales area accesswavs parkinq areas and location of trash 143 receptacles; 144 145 (2) Specific davs and hours of operation requested; and 146 147 (3) The means such as stalls tables or other structures, by which 148 merchandise is to be displaved. 149 150 (b) In addition to anv other standards or requirements of this ordinance, open- 151 air markets shall be subiect to the following requirements which shall be deemed to be 152 conditions of the conditional use permit: 153 4 154 (1) Vehicular parkinq shall be provided on-site and shall complv with 155 the provisions of section 203 of this ordinance; 156 157 (2) There shall be no less than one (1) trash receptacle per one 158 thousand (1,000) feet of sales area all trash receptacles shall be 159 emptied reqularlv so as not to overflow, and litter and debris shall 160 be not be allowed to accumulate; 161 162 (3) Merchandise stalls or other materials shall not be stored outdoors 163 while the use is not open for business; 164 165 (4) Operation shall be restricted to the time between 9:00 a.m and 5:00 166 p m unless otherwise specified in the conditional use permit; and 167 168 (5) The operation shall not disturb the tranquilitv of residential areas or 169 other areas in close proximitv or otherwise interfere with the 170 reasonable use and eniovment of neighborinq propertv bv reason 171 of excessive noise traffic or overflow parkina. 172 173 (c) The city council mav impose any other condition it deems necessarv or 174 appropriate to minimize noise or other potential adverse effects upon neiqhborinq areas. 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 COMMENT The new Section 239.03, setting forth conditional use permit standards for open-air markets, replaces the repealed Section 233.3, regarding flea markets. The conditional use permit standards for open-air markets are identical to those previously applying to flea markets. Sec. 901. - Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4K Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a"C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. 5 192 Use 8-1 8-1A 8-2 8-3 8-3A 8-4 8-4C 8-4K 193 194 .... 195 196 Flea m•+rLc4c. x x G -S -S G -S -x 197 198 .... 199 200 Open-air markets X X C C C C C X 201 .... 202 203 COMMENT 204 The amendments substitute the term "open-air markets" for "flea markets." The substantive 205 treatment of the uses remains unchanged. 206 .... 207 208 ARTICLE 15. RESORT TOURIST DISTRICTS 209 210 C. RT-3 RESORT TOURIST DISTRICT 211 212 Sec. 1521. - Use regulations. 213 214 (a) The following chart lists those uses permitted within the RT-3 Resort 215 Tourist District as either principal uses, as indicated by a"P" or as conditional uses, as 216 indicated by a"C." Conditional uses shall be subject to the provisions of Part C of Article 217 2(section 220 et seq.). Except for single-family, duplex, semidetached and attached 218 dwellings, buildings within the RT-3 District may include any principal or conditional 219 uses in combination with any other principal or conditional use. No uses or structures 220 other than those specified shall be permitted. All uses, whether principal or conditional, 221 should to the greatest extent possible adhere to the provisions of the Oceanfront Resort 222 Area Design Guidelines. 223 224 Use RT-3 225 226 .... 227 'Z'L$ Clo.+ mr+rLo4c G 229 230 .... 6 231 232 Open-air markets C 233 234 .... 235 APPROVED AS TO CONTENT: COMMENT 236 The amendments substitute the term "open-air markets" for "flea markets." The 237 substantive treatment of the uses remains unchanged. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of August , 2012. APPROVED AS TO LEGAL SUFFICIENCY: ? ? V Planning partment City Attorney's Office CA12276 R-1 May 24, 2012 7 Item # 14 An Ordinance to Amend Sections 111, 203, 901, and 1521, Repeal Section 233.3, and Add Section 239.03 of the City Zoning Ordinance, defining the term "Open-Air Markets," deleting the term "Flea Markets," adding Open-Air Markets and deleting Flea Markets as Conditional Uses in the B-2, B-3, B-3A, B-4, 134C, and RT-3 Districts and establishing off-street parking requirements for Open-Air Markets. July 11, 2012 CONSENT An Ordinance to Amend Sections 111, 203, 901, and 1521, Repeal Section 233.3, and Add Section 239.03 of the City Zoning Ordinance, defining the term "Open- Air Markets," deleting the term "Flea Markets," adding Open-Air Markets and deleting Flea Markets as Conditional Uses in the B-2, B-3, B-3A, B-4, B-4C, and RT-3 Districts and establishing off-street parking requirements for Open-Air Markets. SUMMARY OF AMENDMENT With the advent of the Internet and innovative means of selling and buying products that in the past were typically sold and bought at Flea Market events, the concept of a Flea Market has expanded into products and services that were not common at Flea Market events of the past. Additionally, the increase in awareness of the importance of fresh, naturally grown food products, as well as the increased desire of residents to support those who provide `Green' products and services, has further altered the character of the traditional Flea Market. Reflective of these changes, the proposed amendments substitute the term "Open- Air Market" for the currently used term "Flea Market." The definitions are substantively identical, but the definition of "Open-Air Market" clarifies that sales of produce of other farm products are included within the definition. The amendments also revise and, in some cases, delete various sections of the Zoning Ordinance pertaining to this change from Flea Markets to Open-Air Markets. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE Item # 14 An Ordinance to Amend Sections 111, 203, 901, and 1521, Page 2 HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSHI AYE RUSSO AYE THORNTON ABSENT By a vote of 10-0, the Commission approved item 13 by consent Stephen White appeared before the Commission. -67- Itein -VI-K.Sc PLANNING ITEM #62159 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of the City of Virginia Beach foY a Street Closure of a portion of Old Norfolk to Virginia Beach Boulevard right-of-way (also known as North Lyrinhaven Road) The following conditions shall be required: The City Attorney's Office will make the_ final determination regaYding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. [Copies of said Policy are available in the Planning Department.] No purchase price shall be charged in this street closure, however, because the City is the applicant. 2. The applicant shall record a declaration of easement to establish a public utiliry easement over the entire area proposed for closure, subject to the approval of the Department of Public Utilities and the City Attorney's Office, which easement shall include a reasonable right of ingress and egress. 3. 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 there are no private utilities within the right-of- way proposed for closure; however, 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 within one (1) year of the City Council vote to close the right-of-way, this approval shall be considered null and void. August 28, 2012 Itefn -VI-K.Sc PLANNING Voting: 11-0 CouncilMembers VotingAye: Glenn R. Davis, William R Dyer, Barbara M. Henley, Mayor William D. Sessom James L. Wood Council Members Voting Nay: None Council Members Absent: None -68- ITEM #62159 (Continued) "Bill " DeSteph, Harry E. Uiezel, ltobert M. Vice Mayor Louis R. Jones, John D. Moss, s, Jr., John E. Uhrin, Rosemary Wilson and August 28, 2012 1 ORDINANCE APPROVING APPLICATION OF 2 THE CITY OF VIRGINIA BEACH FOR THE 3 CLOSURE OF A 21,519 SQ. FT. PORTION 4 OF OLD NORFOLK TO VIRGINIA BEACH 5 BOULEVARD RIGHT-OF-WAY (ALSO 6 KNOWN AND REFERRED TO AS NORTH 7 LYNNHAVEN ROAD) 8 9 WHEREAS, City of Virginia Beach (the "Applicant") applied to the Council 10 of the City of Virginia Beach, Virginia, to have the hereinafter described portion of right- 11 of-way discontinued, closed, and vacated; and 12 13 WHEREAS, it is the judgment of the Council that said portion of right-of- 14 way be discontinued, closed, and vacated, subject to certain conditions having been 15 met on or before one (1) year from City Council's adoption of this Ordinance; 16 17 WHEREAS, a preliminary title search revealed that upon closure of the 18 right-of-way, by operation of law, the closed portion will vest in the adjacent property 19 owner, the United States of America. 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 street be discontinued, closed and vacated, 27 subject to certain conditions being met on or before one (1) year from City Council's 28 adoption of this ordinance: 29 30 All that certain piece or parcel of land situate, lying and being 31 in the City of Virginia Beach, Virginia, designated and 32 described as "OLD NORFOLK TO VIRGINIA BEACH 33 BOULEVARD (VARIABLE WIDTH R/W) (SEE NOTE 2- 34 SHEET 5)" shown as the shaded area on that certain plat 35 entitled: "STREET CLOSURE EXHIBIT OF PORTION OF 36 OLD NORFOLK TO VIRGINIA BEACH BOULEVARD 37 VIRGINIA BEACH, VIRGINIA", Scale: 1" = 40', dated April 38 23, 2012, prepared by Baldwin & Gregg, a copy of which is 39 attached hereto as Exhibit A. 40 41 42 43 GPIN: Right-of-way / no GPIN assigned 44 Adjacent to GPIN 1487-95-8744 and 1487-95-4302 1 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination 51 regarding ownership of the underlying fee. The purchase price to be paid to the City is 52 normally determined according to the "Policy Regarding Purchase of City's Interest in 53 Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are 54 available in the Planning Department. No purchase price shall be charged in this street 55 closure, however, because the City is both the owner of the underlying fee and the 56 applicant seeking this street closure. 57 58 2. The applicant shall record a declaration of easement to establish a 59 public utility easement over the entire area proposed for closure, subject to the approval 60 of the Department of Public Utilities and the City Attorney's Office, which easement shall 61 include a reasonable right of ingress and egress. 62 63 3. The applicant shall verify that no private utilities exist within the 64 right-of-way proposed for closure. Preliminary comments from the utility companies 65 indicate that there are no private utilities within the right-of-way proposed for closure. If 66 private utilities do exist, the applicant shall provide easements satisfactory to the utility 67 companies. 68 69 4. Closure of the right-of-way shall be contingent upon compliance 70 with the above stated conditions within one (1) year of approval by City Council. If all 71 conditions noted above are not in compliance within one (1) year of the City Council 72 vote to close the street, this approval will be considered null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before August 27, 77 2013, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before August 27, 2013, the date of 81 final closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the 84 underlying fee, the City Manager or his designee is authorized to execute whatever 85 documents, if any, that may be requested to convey such interest, provided said 86 documents are approved by the City Attorney's Office. a 87 SECTION IV 88 89 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 90 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 91 OF VIRGINIA BEACH as "Grantor" and UNITED STATES OF AMERICA, as "Grantee." 92 93 Adopted by the Council of the City of Virginia Beach, Virginia, on this 94 28th day of August , 2012. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CA12183 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D013\PO15\00033361.DOC R-1 August 17, 2012 APPROVED AS TO CONTENT: Planni I 3 7E'_LE? S,-.NK::K:\25159C0\SURVE"\2515900-EXH'BI-.DWG LA`!OUT: SNEE? 1 5/16/2012 1 1:37AM ? W ? 0 ? ? 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'° `, 3 ? ?'-r . , , S"r r--• ,? ?i ?-- - _ ??,,,.M-^• ,e„_ ? '?""---_ ? , .. _ ` ? 'i ? " °? ? r"1' 1 ? ca ??? . ?.... i ?;, ..! ? ?I i „ i ?. ?r? ? ? ? a ?I+Y1 i ? ? ?V M? W .? ? ? ? ? ? ? ? ? ? ? ? Q. ? i. ? Yf 1 +V. y b 4.t i ? ? -69- ITEM VI-L APPOINTMENTS ITEM #62160 BY CONSENSUS, City Council RESCHEDULED the following APPDINTMENTS: ARTS AND HUMANITIES COMMISSION BEACHESAND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION REVIEW AND ALLOCATION COMMITTEE - COG August 28, 2012 -70- Item -VI-L APPOINTMENTS ITEM #62161 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Michael L. Cullipher 4 Year Term 1011112 - 09130116 AGRICULTURAL ADVISORY COMMISSION Troting: 11-0 (By Consent) Council Members Yoting Aye: Glenn R. Davis, YVilliam R Dyer, Barbara M. Henley, Mayor William D. James L. Wood Council Members Yoting Nay: None Council Members Absent: None Sessoms, "Bill " DeSteph, Harry E. Diezel, Robert M. Vice Mayor Louis R. Jones, John D. Moss, Jr., John E. Uhrin, Rosemary Wilson and August 28, 2012 -71- Item -VI-L APPOINTMENTS ITEM #62162 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Peter Muehler Rob Nicholson Charles M. Salle' 4 Year Term 09101112 - 08131116 DEVELOPMENT AUTHORITY Tjoting.• 11-0 (By Consent) Council Members Voting Aye. Glenn R Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 28, 2012 -7z- Item -VI-L APPOINTMENTS ITEM #62163 Upon NOMINATION by Vice Mayor Jones, Ciry Council APPOINTED: Barbara Booker-Williams Robert G. Bracknell William "Billy" Baldwin -Alternate William A. Hearst - Alternate 3 Year Term 09101112 - 0813111 S Nony E. Abrajano Brian P. Dewan 2 Year Term 09101112 - 08131114 Susan T. Mayo 1 Year Term 09101112 - 08131113 INVES TIGA TIVE REVIEW PANEL Voting: I1-0 (By Consent) Council Members Yoting Aye: Glenn R. Davis, William R`Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 28, 2012 -73- Item -VI-L APPOINTMENTS ITEM #62164 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Dane Blythe - At Large 3 Year Term 09101112 - 08121115 PARKS AND RECREATION COMMISSION Voting: 11-0 (By Consent) Coaincil Members Voting Aye: Glenn R. Davis, William R`Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: None August 28, 2012 -74- Item -VI-O ADJOURNMENT ITEM #62165 Mavor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:28P.M. Chief Depu6/City Clerk CMC jwHodgesraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor August 28, 2012 -74- Item -VI-O ADJOIIRNMENT ITEM #62165 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:28P.M. Am n nley-Barnes, CMC Chi De ty Ciry Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor August 28, 2012