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MARCH 10, 2009 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS ,JR., At-Large VICE MAYOR LOUIS R. JONES, Bays/de - District./ GLhNN R. DAVIS, Rose Hall- District 3 WILLIAM R DeSTEPH, At-Large HARRY E DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District I BARBARA M. HENLEY, Princess Anne District 7 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROShMARY WILSON, At-Large JAMES L WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA 10 MARCH 2009 C/n MANAGER - JAMES K. SPORE CITY A7TORNEY - MARK D. STILES CITY ASSESSOR - JERALD HANAGAN ,!7Y AUDITOR - LYNDON S. REMIAS ,/lY CLERK - RUTH HODGES FRASER, MMC I. CITYCOUNCIVS BRIEFING - Conference Room - A. STRIVING FOR EXCELLENCE James K. Spore, City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: ctycncl@vbgov.com 2:30 PM 3:30 PM VI. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. Clark Cundiff, Pastor Nimmo United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS February 24, 2009 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. SALE OF EXCESS CITY PROPERTY a. 212 Gatewood Avenue, et al b. 113 Middle Lane, et aI 2. CAPITAL BUDGET AMENDMENT FOR FY 2007-08 Urban Area Strategic Initiative Interoperable Communications Technology Grant I. CONSENT AGENDA J. ORDINANCESIRESOLUTIONS 1. Resolutions REFERRING to the Planning Commission Ordinances to AMEND Section 201 of the City Zoning Ordinance (CZO) re setbacks: a. front porches and handicapped ramps b. enclosed piers II 2. Ordinances re City Code: a. AMEND and REORDAIN Section 21-230 re traffic calming in Baycliff and Lakeview Park, effective January 27,2009 b. UPDATE and CORRECT Sections 2-193, 2-232, 2-237 and 2-474 re City Government Administration 3. Resolutions to APPOINT: a. Christopher S. Boynton, Deputy City Attorney b. Michael A. Beverly and Terry L. Jenkins, Associate City Attorneys 4. Ordinances to DECLARE EXCESS City property and AUTHORIZE their sale: a. Ocean Bay Homes, Inc. for $320,500: 212 Gatewood Avenue 1512 New York Avenue 1520 New York Avenue with one-half of 1516 New York A venue 1548 Ohio Avenue 308 N. Oceana Boulevard 2248 London Street 2216 Reuben Street 2217 Reuben Street b. Murray Homes, Inc. for $110,000: 113 Middle Lane 224 Middle Lane 1545 Ohio Avenue 5. Ordinance to AUTHORIZE the City Manager to execute Management Agreements for the operation and management of the Sportsplex, the United States Field Hockey National Training Center, a Ground Lease and Option Agreement for the construction of a retail center adjacent to the Sportsplex. 6. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property (Rudee Inlet) for HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation, to construct and maintain wooden piers at the rear of232, 236 and 240 Indian Avenue. DISTRICT 6 - BEACH 7. Ordinance to AUTHORIZE the City Manager to REDUCE FY 2008-09 City Departments' operating budgets and reallocate funding to off-set increases in energy costs and increased participation in the Tax Relief Program for the elderly/disabled. 8. Ordinance to APPROPRIATE $600,000 from the Fund Balance ofthe General Fund designated for mental health to the Department of Human Services' FY 2008-09 Operating Budget and AUTHORIZE the City Manager to sign an Agreement with Biznet, Inc. re independent living housing. 9. Ordinance to APPROPRIATE $285,107 from the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services to the Department of Human Services' FY 2008-09 Operating Fund re additional services for Juvenile offenders and people with MR disabilities. 10. Ordinance to ACCEPT and APPROPRIATE $67,563 cash in-lieu-of park reservation payment from the Grassland Farms Subdivision to Neighborhood Park Acquisition and Development - Phase II. K. PLANNING 1. Application of JACK GLASER for the Expansion of a Nonconforming Use at 3751 DuPont Circle. DISTRICT 4 - BA YSIDE APPLICANT REQUESTS WITHDRAWAL RECOMMENDA TION ALLOW WITHDRAWAL 2. Application of BEVERLY W. ARMSTRONG for the Expansion of a Nonconforming Use at 7300 73rd Street. DISTRICT 5 - L YNNHA VEN APPLICANT REQUESTS WITHDRAWAL RECOMMENDA TION ALLOW WITHDRAWAL 3. Application of ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC. (AR.E.) for the Expansion of a Nonconforming Use at 215 6th Street re a new educational building, parking lot renovations and relocating two entrances from 67th Street. DISTRICT 5 - L YNNHA VEN DEFERRED RECOMMENDA nON MARCH 10, 2009 APPRO V AL 4. Applications ofDA VID WILLIAM KOEHLER-PFOTENHAUER at 2180 McComas Way: a. Modification of Proffer No.8 (approved by City Council on October 26, 1993) re a skate park b. Conditional Use Permit re an indoor recreational facility DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL 5. Application of OLIVIA DANIELS for a Conditional Use Permit re a home occupation (private schooVdaycare) at 3108 Macdonald Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROV AL 'I 6. Application of ALEXIS HOLDINGS L.L.C. for a Conditional Use Permit re motor vehicle sales, rental and service at 3962 Bonney Road. DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 7. Application of PONTIAC ARMS APARTMENTS, INC. for a Conditional Use Permit re a commercial parking lot at 402 21 sl Street. DISTRICT 6 - BEACH RECOMMENDATION APPRO V AL 8. Application of WOW II, L.L.c. for a Conditional Use Permit re public or private college or university and a beauty salon-spa at 1701 and 1707 Will 0' Wisp Drive. DISTRICT 5 - L YNNHA VEN RECOMMENDA nON APPROVAL 9. Application ofTHUMMEL ASSOCIATES, L.C. for a Conditional Use Permit re motor vehicle sales, service and bulk storage at 1752 Virginia Beach Boulevard. DISTRICT 5 - BEACH RECOMMENDA TION APPROVAL 10. Applications of 1250 CENTERVILLE, L.L.C. at 2120 Centerville Turnpike: a. Change of Zoning District Classification from B-2 Community Business District to Conditional A-24 Apartment District b. Conditional Use Permit re fuel sales with a convenience store re development of multi-family dwellings DISTRICT 1 - CENTERVILLE DEFERRED RECOMMENDA nON OCTOBER 14, 2008 APPROVAL 11. Ordinances of the CITY OF VIRGINIA BEACH re the City Zoning Ordinance (CZO): a. DELETE Section 20I(b) re setbacks from the ultimate right-of-way as shown on the Master Transportation Plan RECOMMENDATION INDEFINITE DEFERRAL b. AMEND Sections 211 and 230 re signage for religious uses RECOMMENDA nON APPROVAL L. APPOINTMENTS HUMAN RIGHTS COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** PROPOSED RESOURCE MANAGEMENT PLAN FY 2010 BUDGET WORKSHOPS March 24 City Manager's Presentation of Budget and CIP to City Council Council Chamber - 6 p.m. April 7 April 14 April 16 April 21 April 28 May 5 May 12 Workshop Workshop Public Hearing Workshop Workshop and Public Hearing Reconciliation Workshop Public Hearing for Adoption Council Conference Room Council Conference Room Green Run High School- 6 p.m. Council Conference Room Council Chamber - 6 p.m. Council Conference Room Council Chamber - 6 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 *********** Agenda 03/05/2009gw www.vbgov.com I I: - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 10,2009 Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING re Striving for Excellence in the City Council Conference Room, Tuesday, March 10,2009, at 2:30 P.M Council Members Present: Glenn R. Davis, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: William R. "Bill" DeSteph [Out of the City - Family Vacation] Harry E. Diezel [Entered: 2:40 P.M] Robert M Dyer [Out of the City - Family Vacation] March 10, 2009 'I I, - 2 - MA YOR 'S COMMENTS ITEM# 58578 Mayor Sessoms distributed a note from Linda Lilley expressing appreciation to the Mayor and City Council expressing the deepest gratitude of former City Attorney - Leslie L. Lilley and his family for all their support over the years. March 10, 2009 I II I I, - 3 - C IT Y MANA G E R 'S B R IE FIN G STRIVING FOR EXCELLENCE 2:30 P.M. ITEM # 58579 The City Manager presented the Striving for Excellence Report for 2008, which was earlier distributed to City Council. This document has been produced annually for fourteen (14) years. Through Striving for Excellence, the City communicates successful activities to the community and the organization so that best practices can be replicated and expanded. Initiatives, both large and small, are included in the Striving for Excellence report. The document is prepared by his staff. The City Audit staff reviews the methodology of the report and checks the logic, assumptions and calculations stated in the savings Quality and Productivity Initiatives Quality and Productivity initiatives demonstrate staff efforts to: improve processes · meet future challenges achieve savings · avoid costs · increase capacity 2008 Financial Results 0 Costs Savings Achieved 0 Costs A voided 0 New Revenue Generated 0 New Grants Received Q New Funds Raised $ 3,007,442 $ 3,490,945 $ 471,768 $19,095,221 $ 3,850,921 Cost Savings o Lake Gaston $ 225,000 Q General Obligation Public Improvement Refunding Bonds $ 2,411,830 o Locking the Price for Natural Gas $ 179,000 o Enterprise Storage System $ 52,000 March 10, 2009 I, I III - 4 - C IT Y MANA G E R 'S B R IE FIN G STRIVING FOR EXCELLENCE ITEM # 58579 (Continued) The City Manager provided examples on each of the savings. Tom Leahy, Director of Public Utilities and his staff identified the process for fine tuning the pumping strategy re Lake Gaston, thus saving $225,000 in electrical consumption. Concerning the General Obligation Public Improvement Refunding Bonds, the savings of$2,411,830 is spread over the "life of the bonds" (approximately $300,000 per year). The price of Natural Gas through the stock market has been saved by "locking in" some commodity prices with the vendor. The savings last year were $179,000. The Enterprise Storage System tremendously increases the storage capacity of the City's network. The operating cost is approximately $52,000 less than the old system which was replaced. Cost A voided o EMS Volunteer Recruitment $ 75,000 o In-house Plant Material Replacement $ 47,556 G Resort Special Events Recycling Program $ 1,600 Relative the EMS Volunteer Recruitment Plan, a massive effort was funded by the Virginia Beach Rescue Squad Foundation. Thus, marketing costs were avoided. $47,556 was saved by performing the Plant Material Replacement in-house rather than through contracting. The Resort Special Events Recycling Plan was a pilot program last year and required special event promoters to recycle materials associated with their events. The amount of$1,600 consists of the landfill fees avoided by recycling approximately 61,000 pounds of material (plastic bottles, aluminum cans, paper, et cetera). Because of the success of this pilot project, this recycling will now be required at all Special Events at the Oceanfront. New Revenue Generated G Arts and Humanities Commission $ 300,000 Funded Programs G Princess Anne Athletic Complex $ 90,000 G Farmer's Market Vendor's Lane $ 15,988 March 10, 2009 I I, - 5 - C IT Y MANA G E R 'S B R IE FIN G STRIVING FOR EXCELLENCE ITEM # 58579 (Continued) The Arts and Humanities Commission sponsored approximately four hundred forty-five (445) events and programs. $300,000 in new revenues generated from the Admissions Tax and Venue rentals received from these 445 programs. Relative, $90,000 in new revenue from the Princess Anne Athletic Complex, in 2008, there were over 300,000 participants at the Athletic Complex (over 6300 games). The $90,000 represents field rental and concession fees. Farmers Market added a Vendor's Lane, which was formerly an area not being used in the parking lot. Thus $15,988 in new revenue was realized. New Grants o Bizet Village $ 2,916,018 o Stranding Response Activities $ 200,000 o Lake Lawson/Lake Smith $ 100,000 o Ending Family Homelessness/Dragas Family Foundation $ 500,000 New Funds RaisedIDonations o Public Art Additions . Town Center $ 360,000 o Lynnhaven Athletic Complex $ 3,400,000 o 4-H Master Gardner's Summer Camp $ 720 Ten Year Summary of Results City of Virginia Beach 'caiendar'Year . '''199ii.''2000'. "ioifC.' .....2002 ....... ....'2003'. . .....2'004..... .....2005.... ...2'006.....-2'007 .. .....'2ooir .. .....fOiiilT DoIlar.5avod $8.5M $5.4M $13.9M $2.3M $845,495 $722,719 $7.3M $6.4M $5.7M $:lM$S4,IM! [o.IsA""idod $4.1 M $4.1 M $9.9M $3.5M $3,5M $5,8M $1.8M $5M $2,9M $3,4M $'I1M Fund Raising $256,903 $87,787 $3.3M $76,000 $40,195 $483,900 $12,3M $321,669 $26,6M $;l.8M ~ ~"':"':dl $1.6M $557,906 $7,7M $900,580 $5,4M $1.2M $1.3M $1 M $2.7M $471,768 $22.BM New Revent2 Polential liraR:' $1.3M $2,8M $1.7M $1.4M $5.1 M $11 M $5M $22M $],7M $19M $17M Syslml 145 122 161 142 135 133 147 132 100 Pro(ZlIiei/ Tedlnology 1_.....,"'" Sel'Yi.... 246 201 213 182 237 193 199 159 138 Enhancod 121 l)338i 156 1,92" I Volunteers Number 14,912 14,912 15,9045 15,459 21,720 23,223 24,500 23,000 211553 19,3&1 19<1,578 i Hour. 1.6M 1.9M $17.6M $20M 1.5 M 1.5 M 1.5 M 1.4 M 1.4 M 1.4 M 1.2 M $16M $15.8M $17M <16M <16M $16.6M <14,9M 1.0 M 14.4M ; i 13.2 M <163.1 J Value March 10, 2009 ,I I, - 6 - CITY COUNCIL LIAISON REPORTS 2:45 P.M. ITEM # 58580 OPEN SPACE ADVISORY COMMITTEE Open Space program and funding, Council Lady Henley, Liaison, distributed the report, which is hereby made a part of the record Council Lady Henley referenced: Current Issues Occurring within last thirty (30) days (since February 2, 2009): Potential Open Space Acquisition - Watergate Lane Water Access Site - Kings Grant Civic League has submitted a written offer to the City to donate a 1.4 acre site on the Eastern Branch of the Lynnhaven River to the City for public water access Background: The Kings Grant Civic League voted to offer the subject site to the City for public water access, due to pending insurance costs and security concerns Future Use: Public water access for non-motorized watercraft only Status: Open Space Advisory Committee supports accepting land donations with conditions. Pending City Council consideration Land Cost: NIA. Land donation. Due diligence costs including, title report, Phase I Environmental Site Assessment and land survey would be charged to the Open Space Acquisition Program There is also another potential site acquisition which was referenced during the last report: London Bridge Road ICastleton Site- Taylor Group, LLP, has submitted a written request to donate an 21. 7 acre site to the City as open space. The site includes nine acres of a regional storm water management facility Council Lady Henley advised the aforementioned property, if the tide is right, might have some non- motorized water access. If the tide goes out, then the individual might not be able to come back in quite as well. Individuals might expect the City to make this water navigatable. Council Lady Henley referenced the Committee being requested to accept donations and wished to be advised by City Council concerning the proper procedure to handle the review i.e.: background, future use, status, land cost. The Committee has requested direction. The City Manager advised if the property stays in private hands, access can be restricted So, the City either has to take the property into public ownership or at least have an agreement enforceable to guarantee public access. If the City were to assume the maintenance, it would have to maintain the public have access. Either the property could be donated or there could be an enforceable agreement to assure the public they had access. Councilman Diezel referenced a future application in which the Open Space Advisory Committee will recommend one thing and the applicant will request something else. This is a private application and has public use. He would imagine there is a maintenance issue existing with the public use. Councilman Diezel questioned the options for both parties, public or private March 10, 2009 I I II - 7 - CITY COUNCIL LIAISON REPORTS ITEM # 58580 (Continued) OPEN SPACE ADVISORY COMMITTEE Mayor Sessoms requested the City Manager and City Attorney provide examples of solutions. Council Lady Henley referenced the New Open Space Related Request: Laskin Road at Farmington Road Site - Point 0 Woods Civic League has submitted a 339-person petition in support of the City acquiring the 2.7 acre site which is being considered for an office development. A Chesapeake Bay Preservation application is pending consideration by the Chesapeake Bay Preservation Area Board at their March 23, 2009, meeting to allow a 19,500 square foot 3-story office building. Councilman Villanueva advised area residents are planning to attend the Formal Session tonight to present their concerns under Open Dialogue. ITEM # 58581 OCEANA LAND USE CONFORMITY COMMITTEE Council Lady Wilson advised she, Vice Mayor Louis R. Jones, the City Manager, Robert Matthias, Assistant to the City Manager, Jack Whitney, Director - Planning, Stephen White - Planning and Tom Pauls - Comprehensive Planning Co-ordinator attended an Oceana Land Use Conformity Committee meeting, This Committee had not been convened in several years but should be convened on a regular basis. OPNA V has made some changes of which the members were not aware. A recommendation was made for a letter to go to the Congressional Delegation concerning when changes are to be made regarding AICUZ and sound attenuation requesting there be aforty-five (45)-day time for comment. Council Lady Wilson advised, fortunately, these changes were not devastating. One of the changes reflects adding another decibel band of 60-65, which is only for information for those individuals who are buying property to be aware noise does occur below the 65 decibel. OPNA V has advised this change was really intended for bases out West and not targeting Oceana. Vice Mayor Jones advised correspondence had been sent to Mayor Oberndorf; however, the City Manager did not receive any notice. Vice Mayor Jones advised the OPNA V has been meeting with Commander John Lauterbach, Robert Rountree, Ray Firenze and the Planning staff on a regular basis to review applications that would be affected by the AICUZ. The City Manager advised he attended and spoke at the Department of Navy Conference in December re AICUZ issues, but he left before Alan Zussman made his remarks. The Navy was very complimentary relative Virginia Beach's program. March 10, 2009 II - 8 - CITY COUNCIL LIAISON REPORTS ITEM # 58582 TECHNOLOGY Council Members Glenn Davis and Ron Villanueva, City Council Technology Liaisons, distributed their report, which is hereby made a part of the record. Data Center Power Imorovements Background The current City Data Center facility and most of the power and cooling infrastructure is now thirty (30) years old. ComIT and Public Works Building Maintenance contracted an environmental study of the Data Center facility in 2008. The study identified a number of electrical issues including capacity, single points of failure and aged equipment. The study recommended a complete renovation of the electrical system located in Building 2 at an estimated cost of over $584,000. The most critical need identified during the study was for additional electrical power in the Data Center. The new additional power source was implemented as an interim cost effective solution to meet current power demands. An existing underutilized UPS and power distribution unit located in another City facility was relocated in Building 2. By relocating existing equipment, the City was able to address the most critical and immediate need identified by the environmental study with a significantly lower financial investment. ComIT and Public Works Building Maintenance completed the installation of an additional power source for the City's Data Center located in Building 2 on January 18, 2009. The electrical power consumption in the Data Center had reached the maximum allowable capacity of the existing infrastructure. The additional power was required to ensure ongoing uninterrupted services and to facilitate new services and computer equipment installations. The new power source provides an additional 125 amps of conditioned UPS supported electrical power in the Data Center. The longevity of power availability is dependent upon new service requirements and the future implementation of server virtualization technology Storm Water GIS Data Conversion The new system will go into production in March. Address Location Laver The new system is still in production March 10,2009 I I' - 9 - CITY COUNCIL COMMENTS 3:00 P.M. ITEM # 58583 Council Members Uhrin, Wilson and Villanueva attended an event at Croc's Restaurant celebrating the Governor signing the legislation banning smoking in nearly all public restaurants in Virginia. Identical bills will ban smoking in nearly all restaurants across the Commonwealth, allowing narrow exceptions for private clubs and restaurants with a designated smoking room that is physically separated and independently ventilated from non-smoking dining areas. Governor Kaine signed Senate Bill 1105 and its companion legislation, House Bill 1703. The law takes effect on December 1, 2009. This was a tremendous effort spearheaded by the City's own Virginia Beach Restaurant Association Councilman Villanueva requested a Resolution commending this effort be presented during the next City Council Session. ITEM # 58584 On Thursday, March 5, 2009, Mayor Sessoms went to Washington, D.C. Mayor Sessoms was accompanied by Robert Matthias, Assistant to the City Manager. Mayor Sessoms met with Senators Webb and Warner and Congressman Nye re issues, such as the 2010 appropriation requests, military issues (especially Oceana), and a multitude of other opportunities for the City and the Congressional Delegation to collaborate. One of the high points of the day was Senator Warner commenting that he heard universally from the Navy that the City is doing everything within its power to ensure the future of Oceana Naval Air Station. Mayor Sessoms previously visited Little Creek and Oceana. The Mayor met with Admiral Anderson and Admiral John Greenert, Fleet Forces Command, yesterday, March 9, 2009. All responses have been extremely positive. March 10,2009 - I- I I - 10 - AGE N DA REV IE W S E S S ION 3:02 P.M. ITEM # 58585 5. Ordinance to AUTHORIZE the City Manager to execute Management Agreements for the operation and management of the Sportsplex, the United States Field Hockey National Training Center, a Ground Lease and Option Agreement for the construction of a retail center adjacent to the Sportsplex. Council Lady Henley referenced the reasons for her NAY vote. When the City first purchased the Lake Ridge property, Council Lady Henley considered this an "opportunity" area. Council Lady Henley still believes an industrial development area is important, particularly in the area of the future interchange for the Southeastern Expressway. Given the significance of this area, Council Lady Henley fears the land for industrial development will be "whittled away". Sometime in the next forty (40) years, this Southeastern Expressway will be built. This valuable piece of property is being utilized for a less than outstanding reason. ITEM # 58586 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTION 1. Resolutions REFERRING to the Planning Commission Ordinances to AMEND Section 201 of the City Zoning Ordinance (CZO) re setbacks: a. front porches and handicapped ramps b. enclosed piers 2. Ordinances re City Code: a. AMEND and REORDAIN Section 21-230 re traffic calming in Baycliff and Lakeview Park, effective January 27, 2009 b. UPDATE and CORRECT Sections 2-193,2-232,2-237 and 2-474 re City Government Administration 3. Resolutions to APPOINT: a. Christopher S. Boynton, Deputy City Attorney b. Michael A. Beverly and Terry L. Jenkins, Associate City Attorneys March 10, 2009 ,I II - 11 - AGENDA RE VIE W SESSION ITEM # 58586 (Continued) 4. Ordinances to DECLARE EXCESS City property and A UTHORlZE their sale: a. Ocean Bay Homes, Inc. for $320,500: 212 Gatewood Avenue 1512 New York Avenue 1520 New York Avenue with one-half of 1516 New York Avenue 1548 Ohio Avenue 308 N. Oceana Boulevard 2248 London Street 2216 Reuben Street 2217 Reuben Street b. Murray Homes, Inc.for $110,000: 113 Middle Lane 224 Middle Lane 1545 Ohio Avenue 5. Ordinance to A UTHORlZE the City Manager to execute Management Agreements for the operation and management of the Sportsplex, the United States Field Hockey National Training Center, a Ground Lease and Option Agreement for the construction of a retail center adjacent to the Sportsplex. 6. Ordinance to A UTHORlZE temporary encroachments into a portion of City-owned property (Rudee Inlet) for HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation, to construct and maintain wooden piers at the rear of232, 236 and 240 Indian Avenue. DISTRICT 6 - BEACH 7. Ordinance to A UTHORlZE the City Manager to REDUCE FY 2008-09 City Departments' operating budgets and reallocate funding to off-set increases in energy costs and increased participation in the Tax Relief Program for the elderly/disabled. 8. Ordinance to APPROPRlA TE $600,000 from the Fund Balance of the General Fund designatedfor mental health to the Department of Human Services' FY 2008-09 Operating Budget and A UTHORlZE the City Manager to sign an Agreement with Biznet, Inc. re independent living housing. 9. Ordinance to APPROPRlA TE $285,107 from the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services to the Department of Human Services' FY 2008-09 Operating Fund re additional services for Juvenile offenders and people with MR disabilities. 10. Ordinance to ACCEPT and APPROPRIATE $67,563 cash in-lieu-ofpark reservation payment from the Grassland Farms Subdivision to Neighborhood Park Acquisition and Development - Phase II. Mayor Sessoms shall ABSTAIN on item 1. 4. a. (OCEAN BA Y HOMES, INC.) as this involves financial services with TowneBank. Mayor Sessoms is President of Towne Bank Vice Mayor Sessoms will ABSTAIN due to a potential conflict re the managing contract on Item 5. (SPORTSPLEX) as this involves financial services with TowneBank. Mayor Sessoms is President of TowneBank Council Lady Henley will vote NAY on Item 1.5. (SPORTSPLEX) Councilman Uhrin DISCLOSED on Item 1.6. (HOME ASSOCIATES OF VIRGINIA, INC.) Councilman Uhrin DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), Code of Virginia, he is currently negotiating with the property owner to purchase property that is the subject of this transaction. Councilman Uhrin's correspondence of March 10, 2009, is hereby made a part of the record. March 10, 2009 I 1 I I, - 12 - AGE N DA REV IE W S E S S ION ITEM # 58587 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT: K. PLANNING 1. Application of JACK GLASERfor the Expansion of a Nonconforming Use at 3751 DuPont Circle. DISTRICT 4 - BAYSIDE 2. Application of BEVERL Y W. ARMSTRONG for the Expansion of a Nonconforming Use at 7300 73rd Street. DISTRICT 5 - LYNNHA VEN 3. Application of ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC (A.R.E.) for the Expansion of a Nonconforming Use at 215 67'h Street re a new educational building, parking lot renovations and relocating two entrances from 67'h Street. DISTRICT 5 - LYNNHA VEN 4. Applications of DAVID WILLIAM KOEHLER-PFOTENHAUER at 2180 McComas Way: a. Modification of Proffer No.8 (approved by City Council on October 26, 1993) re a skate park b. Conditional Use Permit re an indoor recreational facility DISTRICT 7 - PRINCESS ANNE 5. Application of OLIVIA DANIELS for a Conditional Use Permit re a home occupation (private school/daycare) at 3108 Macdonald Road. DISTRICT 2 - KEMPSVILLE 6. Application of ALEXIS HOLDINGS L.L. C for a Conditional Use Permit re motor vehicle sales, rental and service at 3962 Bonney Road. DISTRICT 3 - ROSE HALL 7. Application of PONTIAC ARMS APARTMENTS, INC for a Conditional Use Permit re a commercial parking lot at 402 2Ft Street. DISTRICT 6 - BEACH 8. Application of wow II, L.L.C.for a Conditional Use Permit re public or private college or university and a beauty salon-spa at 1701 and 1707 Will 0' Wisp Drive. DISTRICT 5 - LYNNHA VEN 9. Application of THUMMEL ASSOCIA TES, L. C for a Conditional Use Permit re motor vehicle sales, service and bulk storage at 1752 Virginia Beach Boulevard. DISTRICT 5 - BEACH March 10, 2009 ,I I 'I Ii - 13 - AGE N DA REV I E W S E S S ION ITEM # 58587 (Continued) 10. Applications of 1250 CENTERVILLE, L.L.e. at 2120 Centerville Turnpike: a. Change of Zoning District Classification from B-2 Community Business District to Conditional A-24 Apartment District b. Conditional Use Permit re fuel sales with a convenience store re development of multi-family dwellings DISTRICT 1 - CENTERVILLE 11. Ordinances of the CITY OF VIRGINIA BEACH re the City Zoning Ordinance (CZO): a. DELETE Section 20 1 (b) re setbacks from the ultimate right-ofway as shown on the Master Transportation Plan b. AMEND Sections 211 and 230 re signagefor religious uses Mayor Sessoms shall ABSTAIN on item K.3. (ASSOCIATION FOR RESEARCH AND ENGLIGHTMENT, INC.), as the Association is a customer of TowneBank. Mayor Sessoms is President of TowneBank. Item K..I (JACK GLASSER) shall be WITHDRA WN, BY CONSENT Item K.2 (BEVERLY W. ARMSTRONG) shall be DEFERRED INDEFINITELY, BY CONSENT Item II.a. (CITY OF VIRGINIA BEACH CZO - re Section 201 (b) setbacks) shall be DEFERRED INDEFINITELY, BY CONSENT March 10, 2009 I I, - 14- ITEM # 58588 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of City Property: Norfolk Southern Right-of-Way L ynnhaven District Beach District LEGAL MATTERS: Consultation with legal counsel and briefings by staff members, consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711 (A)(7). Southeastern Public Service Authority Buddhist Education Center of America, Inc. v. City of Virginia Beach Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 3:27 P.M. March 10, 2009 I I - 15 - ITEM # 58588 (Continued) Voting: 8-0 Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph, Robert M Dyer and John E. Uhrin (Closed Session: 3:27P.M. - 4:43 P.M.) (Break: 3:29 P.M. - 3:35 P.M.) (Dinner: 5:30 P.M. - 5:58 P.M.) March 10, 2009 i I I I, - 16 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 10, 2009 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 10, 2009. at 6:00 P.M Council Members Present: Glenn R. Davis, Harry E. Dieze!, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: William R. "Bill" DeSteph [Out of the City - Family Vacation) Robert M Dyer [Out of the City - Family Vacation) INVOCATION: Reverend Clark Cundiff, Pastor Nimmo Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial '') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. March 10, 2009 'I I, - 17 - Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. Jj, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. March 10, 2009 I 1 'I I' - 18 - Item V-E. CERTIFICATION ITEM # 58589 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr.. John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10, 2009 I I, RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #58588, Page 14, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW; THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. q,..,.../-v~'~.J uth Hodges Fraser, MMC City Clerk March 10, 2009 - 19 - Item V-F.] ITEM # 58590 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of February 24,2009. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10,2009 I I - 20- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 58591 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 10, 2009 - 21 - Item V-H.J.a. PUBLIC HEARING ITEM # 58592 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS CITY PROPERTY 212 Gatewood Avenue, et al There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. ,I I March 10, 2009 i I - 22 - Item V-H.I.b. PUBLIC HEARING ITEM # 58593 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS CITY PROPERTY 113 Middle Lane, et al There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. I I, March 10, 2009 I I - 23 - Item V-H.2. PUBLIC HEARING ITEM # 58594 Mayor Sessoms DECLARED A PUBLIC HEARING: CAPITAL BUDGET AMENDMENT FOR FY 2007-08 Urban Area Strategic Initiative Interoperable Communications Technology Grant There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. March 10, 2009 I I. - 24- Item V-J. ORDINANCES/RESOLUTIONS ITEM # 58595 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED in ONE MOTION Items la/b, 2a/b, 3a/b, 4a/b, 5, 6, 7,8, 9 and 10 of the CONSENT AGENDA. Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer Mayor Sessoms shall ABSTAIN on item J4.a. (OCEAN BAY HOMES, INC.) as this involves financial services with TowneBank. Mayor Sessoms is President of Towne Bank Vice Mayor Sessoms ABSTAINED due to a potential conflict re the managing contract on Item J.5. (SPORTSPLEX) as this involves financial services with TowneBank. Mayor Sessoms is President of TowneBank Council Lady Henley will vote NAY on Item J.5. (SPORTSPLEX) Councilman Uhrin DISCLOSED on Item J.6. (HOME ASSOCIATES OF VIRGINIA, INC.) Councilman Uhrin DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), Code of Virginia, he is currently negotiating with the property owner to purchase property that is the subject of this transaction. Councilman Uhrin's correspondence of March 10, 2009, is hereby made a part of the record. March 10, 2009 'I I, - 25 - Item V-J.1. ORDINANCES/RESOLUTIONS ITEM # 58596 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED: Resolutions REFERRING to the Planning Commission Ordinances to AMEND Section 201 of the City Zoning Ordinance (CZO) re setbacks: a. front porches and handicapped ramps b. enclosed piers Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones. Mayor William D. Sessoms. Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10, 2009 II I, 1 A RESOLUTION REFERRING TO THE 2 PLANNING COMMISSION AN ORDINANCE 3 TO AMEND SECTION 201 OF THE CITY 4 ZONING ORDINANCE PERTAINING TO 5 SETBACKS FOR FRONT PORCHES AND 6 HANDICAPPED RAMPS FOR 7 CONSIDERATION AND RECOMMENDATION 8 9 WHEREAS, the public convenience, general welfare and good zoning practice so 10 require; 11 12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 15 That the above-entitled ordinance, a copy of which is attached, is hereby referred 16 to the Planning Commission for its consideration and recommendation. 17 18 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 10th day of March , 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~.fr!~ City Attorney's Office ...... CA 10962 R-2 January 23, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 'I I AN ORDINANCE TO AMEND SECTION 201 OF THE CITY ZONING ORDINANCE PERTAINING TO SETBACKS FOR FRONT PORCHES AND HANDICAPPED RAMPS Section Amended: 9201 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 9201 of the City Zoning Ordinance is hereby amended and reordained to read as follows: Sec. 201. Yards. (a) General. All required yards shall be unobstructed by any structure or other improvement which exceeds sixteen (16) inches in height as measured from ground elevation; provided, however, the following improvements may be located in a yard: (6) Covered. unenclosed front porches on sinQle-family or duplex structures constructed prior to the effective date of this ordinance. may extend into the required front yard setback, provided. however. that: a. such porches shall have a maximum depth of six (6) feet. as measured from the exterior wall of the main structure to the exterior edQe of the porch foundation and a maximum width of twelve (12) feet and b. in no case shall the setback from the lot line to the exterior wall of the porch foundation be less than five (5) feet and (7) Handicapped ramps, to the extent necessary to perform their proper function. In addition, certain other structures, uses or accessories may be prohibited in certain yards as set forth in the applicable district regulations. COMMENT These amendments will allow front porches and handicap ramps to extend into required yards under certain circumstances. The Board of Zoning Appeals (BZA) has granted numerous I I I II 48 49 50 51 52 53 54 55 variances for front porches to allow for a covered entrance from the weather The frequency of such variances suggests that a CZO amendment would better resolve the situation. Handicapped ramps are normally required by the Americans with Disabilities Act and should not be an unreasonable intrusion into the setback. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day of APPROVED AS TO LEGAL SUFFICIENCY: IDl~ j ~ j{(Jj/Vl CitY Attorney's Office Plannin CA 10962 R-6 February 16, 2009 'I II 1 A RESOLUTION REFERRING TO THE 2 PLANNING COMMISSION AN ORDINANCE 3 TO AMEND SECTION 201 OF THE CITY 4 ZONING ORDINANCE PERTAINING TO 5 SETBACKS FOR PIERS FOR 6 CONSIDERATION AND RECOMMENDATION 7 8 WHEREAS, the public convenience, general welfare and good zoning practice so 9 require; 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the above-entitled ordinance, a copy of which is attached, is hereby referred 15 to the Planning Commission for its consideration and recommendation. 16 17 Adopted by the City Council of the City of Virginia Beach, Virginia, this 10th 18 day of March , 2009. APPRO~[~;;;7~liV!:r City Attorney's Office CA11046 R-1 February 12, 2009 II, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 AN ORDINANCE TO AMEND SECTION 201 OF THE CITY ZONING ORDINANCE PERTAINING TO SETBACKS FOR PIERS Section Amended: 9201 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 9201 of the City Zoning Ordinance IS hereby amended and reordained to read as follows: Sec. 201. Yards. (a) General. All required yards shall be unobstructed by any structure or other improvement which exceeds sixteen (16) inches in height as measured from ground elevation; provided, however, the following improvements may be located in a yard: (8) Uncovered piers, no more than four (4) feet in width, which are required to access naviqable water, may extend into required side or rear yards. COMMENT These amendments will allow piers to extend into required yards under certain circumstances. The Board of Zoning Appeals (BZA) has granted numerous variances for piersto allow for water access. The frequency of such variances suggests that a CZO amendment would better resolve the situation. of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day APP~;Z~~ ;~~Lflf;JY City Attorney's Office CA11036 R-2 February 16, 2009 I II - 26- Item V-J.2. ORDINANCES/RESOLUTIONS ITEM # 58597 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED: Ordinances re City Code: a. AMEND and REORDAIN Section 21-230 re traffic calming in Baycliff and Lakeview Park, effective January 27,2009 b UPDATE and CORRECT Sections 2-193,2-232,2- 237 and 2-474 re City Government Administration Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10, 2009 1 AN ORDINANCE TO AMEND SECTION 21- 2 230 OF THE CITY CODE PERTAINING TO 3 TRAFFIC CALMING 4 5 SECTION AMENDED: S 21-230 6 7 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 21-230 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 15 Sec. 21-230. Traffic calming via maximum speed limits in certain residential 16 districts; penalty. 17 18 Pursuant .to S 46.2-878.2 of the Code of Virginia, any person who operates a 19 motor vehicle in excess of the maximum speed limit established for any portion of the 20 following highways located within the designated neighborhoods, on or after the 21 effective date, shall be guilty of a traffic infraction punishable by a prepayable fine of two 22 hundred dollars ($200.00), in addition to other penalties provided by law. No portion of 23 the fine shall be suspended unless the court orders twenty (20) hours of community 24 service. 25 26 (1) L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie 27 Avenue. 28 (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, 29 Alton Road; Old Kempsville Road. 30 (3) Lake Shores: Jack Frost Road; Lake Shores Road. 31 (4) Little Neck: Harris Road. 32 (5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; 33 Meredith Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; 34 Smith Farm Road. 35 (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. 36 (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake 37 Road; Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. 38 (8) Country Haven: Stewart Drive. 39 (9) Fairfield: Lord Dunmore Drive. 40 (10) Bellamy Manor: Homestead Drive. 41 (11) Church Point: Church Point Road; Church Point Place; Timber Ridge 42 Drive. 43 (12) Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery 44 Drive. 45 (13) Bayville Park: Greenwell Road (From Shore Drive to First Court Road). 46 (14) Milburn Manor: Davis Street. II' 47 (15) Lake James: Lake James Drive. 48 (16) Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. 49 50 Effective as of April 6, 2004: 51 52 (1) Croatan: Croatan Road. 53 (2) Birdneck Point: Cardinal Road. 54 55 Effective as of April 5, 2005: 56 57 (1) Thoroughgood: Thoroughgood Drive. 58 (2) Hermitage Road. 59 60 Effective as of September 12,2006: 61 62 (1) Kings Grant: Oxford Drive. 63 64 Effective as of January 27, 2009: 65 66 ill Bavcliff: Bavcliff Drive between Mill Dam Road and Stephens Road. 67 ill Lakeview Park: Cullen Road between Shell Road and Lakeside Road. 68 Adopted by the City Council of the City of Virginia Beach, Virginia, on this J...Qth day of March , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ APPROVED AS TO CONTENT: , 17. t': CA 10965 R-3 January 9,2009 I I: 1 AN ORDINANCE TO UPDATE AND 2 CORRECT SECTIONS 2-193, 2-232, 2-237, 3 2-474 OF THE CITY CODE PERTAINING 10 4 THE ADMINISTRATION OF CITY 5 GOVERNMENT 6 7 SECTIONS AMENDED: ~~ 2-193,2-232,2-237, and 2-474 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Sections 2-193,2-232,2-237, and 2-474 of the Code of the City of Virginia 13 Beach, Virginia, are hereby amended and reordained to read as follows: 14 15 Sec. 2-193. Funds received under Title I of Housing and Community 16 Development Act of 1974. 17 18 19 20 (c) The funds referred to in subsection (a) above are deemed federal funds 21 pursuant to section 15.1 29.7 15.2-956 of the Code of Virginia, and shall not be 22 construed as part of the revenue of the city. 23 24 25 Sec. 2-232. Penalty and interest on past due accounts. 26 27 (a) Pursuant to section 15.1 37.3:6 15.2-105 of the Code of Virginia, as 28 amended, any person who fails to pay the city treasurer the amount due on any city 29 account on or before its due date shall incur a penalty thereon of ten (10) percent of the 30 amount due or ten dollars ($10.00), whichever is greater, which shall be added to the 31 amount of the account due from such person; provided, however, that in no case shall 32 the penalty exceed the amount of the account that is past due. No penalty shall be 33 imposed for failure to pay any account if such failure was not in any way the fault of the 34 debtor. 35 36 37 38 Sec. 2-237. Applicability of division. 39 40 41 42 (b) This division shall not apply to acquisitions by a city agency which are 43 voluntarily initiated or negotiated by the seller under no threat of condemnation, where 44 property is dedicated pursuant to the provisions of chapter 11 (section 15.1 -127 15.2- 45 2200 et seq.) of title ~ 15.2 of the Code of Virginia, or where property is voluntarily 46 dedicated or donated for no consideration; provided, however, that the provisions of this ;1 II 47 division relating to relocation payments shall apply for the benefit of persons, other than 48 the owner, who are actually and lawfully occupying the real property to be acquired and 49 who have been occupants thereof for at least ninety (90) days prior to the initiation of 50 negotiations for acquisition. 51 52 53 Sec. 2-474. Contracted auditors or other experts. 54 55 (a) The city auditor will coordinate and manage the audit contract of the City's 56 Comprehensive Annual Financial Report (CAFR) and related federal grants. Council 57 must approve the selection of a certified public accounting firm for the CAFR audit in 58 accordance with City Charter GOOe S 8.06. 59 60 61 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10th day of March, 2009. I I I, - 27- Item V-J.3. ORDINANCES/RESOLUTIONS ITEM # 58598 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED: Resolutions to APPOINT: a. Christopher S. Boynton, Deputy City Attorney b. Michael A. Beverly and Terry L. Jenkins, Associate City Attorneys Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10,2009 II 1 A RESOLUTION APPOINTING CHRISTOPHER S. BOYNTON 2 TO THE POSITION OF DEPUTY CITY ATTORNEY 3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 That pursuant to 9 2-166 of the City Code, Christopher S. Boynton is hereby 7 appointed to the position of Deputy City Attorney, effective March 15, 2009. 8 9 Adopted by the Council of the City of Virginia Beach, Virginia, on the J..Q..thday of 10 March ,2009. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: ;:e~ r City Attorney's Office CA11053 R-3 February 18, 2009 II 1 A RESOLUTION APPOINTING MICHAEL A. BEVERLY TO 2 THE POSITION OF ASSOCIATE CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to S 2-166 of the City Code, Michael A. Beverly is hereby appointed to 8 the position of Associate City Attorney, effective April 1 ,2009. 9 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 Othday of 11 March , 2009. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: ;:P~ City Attorney's Office ~ CA 11059 R-1 February 25, 2009 II 1 A RESOLUTION APPOINTING TERRY L. JENKINS TO THE 2 POSITION OF ASSOCIATE CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to ~ 2-166 of the City Code, Terry L. Jenkins is hereby appointed to 8 the position of Associate City Attorney, effective April 1, 2009. 9 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of 11 March , 2009. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: ~~ City Attorney's OffiC~ CA11060 R-1 February 25, 2009 I I, - 28 - Item V-J.4.a. ORDINANCES/RESOLUTIONS ITEM # 58599 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED: Ordinance to DECLARE EXCESS City property and A UTHORlZE their sale: a. Ocean Bay Homes, Inc. for $320,500: 212 Gatewood Avenue 1512 New York Avenue 1520 New York Avenue with one-half of 1516 New York Avenue 1548 Ohio Avenue 308 N. Oceana Boulevard 2248 London Street 2216 Reuben Street 2217 Reuben Street Voting: 8-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer Mayor Sessoms ABSTAINED on item J. 4. a. (OCEAN BA Y HOMES, INC.) as this involves financial services with TowneBank. Mayor Sessoms is President of TowneBank March 10, 2009 I Ii 1 2 AN ORDINANCE DECLARING THE 3 PROPERTIES LOCATED AT 212 GATEWOOD 4 AVENUE; 1512 NEW YORK AVENUE 5 TOGETHER WITH % OF 1516 NEW YORK 6 AVENUE; 1520 NEW YORK AVENUE 7 TOGETHER WITH % OF 1516 NEW YORK 8 AVENUE; 1548 OHIO AVENUE; 308 N. OCEANA 9 BOULEVARD; 2248 LONDON STREET; 2216 10 REUBEN STREET; AND 2217 REUBEN STREET 11 TO BE IN EXCESS OF THE CITY'S NEEDS AND 12 AUTHORIZING THE CITY MANAGER TO SELL 13 THE PROPERTIES TO OCEAN BAY HOMES, 14 INC. 15 16 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 17 certain parcels of land located at (1) 212 Gatewood Avenue (GPIN 2407-03-4060); (2) 18 1512 New York Avenue (GPIN 2417-04-3750) together with % of 1516 New York 19 Avenue (GPIN 2417-04-2780); (3) 1520 New York Avenue (GPIN 2417-04-2629) 20 together with % of 1516 New York Avenue (GPIN 2417-04-2780); (4)1548 Ohio Avenue 21 (GPIN 2407-95-7225); (5) 308 N. Oceana Boulevard (GPIN 2417-06-6161 & 2417-16- 22 6116); (6) 2248 London Street (GPIN 2407-02-1454); (7) 2216 Reuben Street (GPIN 23 2407-03-7090 & 2407-02-7635); and (8) 2217 Reuben Street (GPIN 2407-02-8738 & 24 2407-02-7758) (the "Property", individually, or the "Properties", collectively), more 25 particularly described on Exhibit "A" attached hereto and made a part hereof; 26 27 WHEREAS, the City acquired the Properties pursuant to the APZ-1 28 Acquisition Program; 29 30 WHEREAS, the City funded the acquisition of the Properties through a 31 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 32 contributing fifty percent (50%) of the funds; 33 34 WHEREAS, the Properties are in the midst of other residences and at the 35 time of acquisition were improved with residential dwellings, which were demolished 36 due to their poor condition; 37 38 WHEREAS, City Council has elected to allow the reconstruction of a 39 single-family home of each of the eight Properties in order to maintain the integrity of 40 the neighborhood; and 41 42 WHEREAS, each such reconstruction is a grandfathered nonconforming 43 use allowed under current zoning law; 44 45 WHEREAS, the re-development of the Properties will be at a lesser 46 density than the original use of the Properties; 47 48 WHEREAS, a Request for Proposal ("RFP") was advertised for the 4 9 potential sale of the Properties; I II 50 WHEREAS, Ocean Bay Homes, Inc. was one of the respondents to the 51 RFP; 52 53 WHEREAS, the APZ-1 Disposition Committee has recommended that City 54 Council declare the Properties to be in excess of the City's needs and sell the 55 Properties to Ocean Bay Homes, Inc.; 56 57 WHEREAS, Ocean Bay Homes, Inc. will build a new single-family home 58 on each Property to prescribed standards acceptable to the City, including elevated 59 noise attenuation standards, and will thereafter convey the improved Property to an 60 owner-occupant; 61 62 WHEREAS, Ocean Bay Homes, Inc. will purchase the Properties in 63 accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part 6 4 hereof; 65 66 WHEREAS, the City Council is of the opinion that the property is in excess E 7 of the needs of the City of Virginia Beach. 68 69 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 70 OF VIRGINIA BEACH, VIRGINIA: 71 72 That the Properties located at (1) 212 Gatewood Avenue; (2) 1512 New "/:3 York Avenue together with % of 1516 New York Avenue; (3) 1520 New York Avenue 74 together with ~ of 1516 New York Avenue; (4) 1548 Ohio Avenue; (5) 308 N Oceana 75 Boulevard; (6) 2248 London Street; (7) 2216 Reuben Street; and (8) 2217 Reuben '76 Street are hereby declared to be in excess of the needs of the City of Virginia Beach 77 and that the City Manager is hereby authorized to execute any documents necessary to 78 convey the Properties to Ocean Bay Homes, Inc., in substantial conformity with the 79 Summary of Terms attached hereto as Exhibit B and such other terms, conditions or 80 modifications as are deemed necessary and sufficient by the City Manager and in a 81 form deemed satisfactory by the City Attorney. 82 83 Further, that the revenue from the sale of the Properties in the amount of 84 $320,500 shall be received and appropriated to the Ocean a and ITA Conformity and 85 Acquisition Project (CIP 9-060) and the City Manager shall thereafter refund the 86 Commonwealth's portion of such revenue and allocate the remainder for on-going 87 expenses of the City's BRAC program, but such appropriation shall not increase the 88 City's $7.5 million annual acquisition commitment. 89 90 This ordinance shall be effective from the date of its adoption. 91 , I, 92 Adopted by the Council of the City of Virginia Beach, Virginia, on the 93 1 Othday of March ,2009. R-1 2/26/2009 CA-10995 V:\applications\citylawprod\cycom32\Wpdocs\D026\P004\00004493. DOC APPROVED AS TO CONTENT r/ rm~ C. CJi;.ws tV'-.- P . Works f?cAI F~-tah: APPROVED AS TO CO NT -&~Q. ) Management Services APPROVED AS TO LEGAL SUFFICIENCY r~~ I I; EXHIBIT A 212 Gatewood Ave (GPIN 2407-03-4060) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 16, as shown on the plat entitled "Revised Plat Gatewood Park", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 25, at page 87. IT BEING the same property conveyed to City of Virginia Beach, by deed of John C. Cutrell and John C. Cutrell, Trustee, dated June 12, 2007 and recorded in the aforesaid Clerk's Office as Instrument No. 20070628000874700. 1512 & % 1516 New York Avenue (GPIN 2417-04-3750 & % 2417-04-2780) ALL THAT certain lot, piece or parcel of land, with the buildings and appurtenances thereunto belonging, lying, situate, and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 10 and % of Lot 9, in Block "A", on the Certain plat entitled "Oceana Terrace," which said plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 147. It being the same property conveyed to the City of Virginia Beach by deed of Thornton Properties #1, L.L.C., a Virginia limited liability company, dated April 11, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080411000417840. 1520 New York Ave & % 1516 New York Ave (GPIN 2417-04-2629 & % 2417 -04-2780) ALL THAT certain lot, piece or parcel of land, with the buildings and appurtenances thereunto belonging, lying, situate, and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 8 and % of Lot 9, in Block "A", on the Certain plat entitled "Oceana Terrace," which said plat is duly of record in the Clerk's Office of the Circuit [ [ 'III Court of the City of Virginia Beach, Virginia in Map Book 7, at page 147. It being the same property conveyed to the City of Virginia Beach by deed of Thornton Properties #1, L.L.C., a Virginia limited liability company, dated April 11, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080411000417840. 1548 Ohio Avenue (GPIN: 2407-95-7225 (Parcel One) & 2407-95-6272 (Parcel Two) GPIN: 2407-95-7225: All that certain lot, piece or parcel of land located at Oceana Gardens, Virginia Beach, (formerly Princess Anne County), Virginia, known, numbered and designated as the Southern one-half (1/2) of Lot Six (6), in Block Ten (10) of the Plat of Oceana Gardens, said half of lot fronting Sixty (60) feet on Ohio Avenue and running back between parallel lines One Hundred, Twenty-five (125) feet to the Northern half of said lot. GPIN 2407-95-6272: All that certain fourth of lot, piece or parcel of land located at Oceana Gardens, Virginia Beach 9formerly Princess Anne county), Virginia, and known, numbered and designated as the Eastern one-half (1/2) of the Southern one-half (1/2) of Lot five 95) in Block Ten (10) of the plat of Oceana Gardens, which plat is duly recorded in the Clerk's Office of the Circuit Court of Virginia Beach (formerly Princess Anne County), Virginia; the said property hereby conveyed, taken as a whole, fronts thirty (30) feet on Ohio Avenue and extends back between parallel lines One Hundred, Twenty-five (125) feet. IT BEING the same property conveyed to the City of Virginia Beach, Virginia by deed from Dalton E. Midgett and Peggy J. Midgett, husband and wife, dated December 10, 2007, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, as Instrument No. 20071217001659640. 308 N. Oceana Boulevard (GPIN 2417-06-6161 & 2417-06-6116) GPIN: 2417-06-6161 ALL THAT certain piece or parcel of land, located in OCEANA GARDENS, near Oceana, in L YNNHAVEN BOROUGH, in the 'I Ii City of VIRGINIA BEACH, VIRGINIA, shown on plat entitled, "Property of Kenneth Cruiser, Located in Oceana Gardens- Princess Anne Co., VA., Scale 1" = 100', April 8, 1947, W. B. Gallup-County Surveyor", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 20, Page 33, said land being more particularly bounded and described as follows: BEGINNING at a stake in the Eastern side of East Lane, which stake is distant one hundred and fifty (150) feet in a Northerly direction from the Northern boundary line of Virginia Beach Boulevard; thence in an Easterly direction and parallel with Virginia Beach Boulevard, one hundred and fifty feet (150) to a point; thence in a Northerly direction and parallel with East Lane, a distance of fifty (50) feet to a point; thence in a Westerly direction and parallel with Virginia Beach Boulevard, one hundred and fifty (150) feet to a stake in the Eastern side of East Lane; thence along the Eastern side of East Lane in a Southerly direction fifty (50) feet to the point of beginning. GPIN: 2417-06-6116 ALL THAT certain piece or parcel of land, located in OCEANA GARDENS, near Oceana, in L YNNHA VEN BOROUGH, in the City of Virginia Beach, Virginia, shown on plat entitled "Property of Kenneth Cruiser, Located in Oceana Gardens- Princess Anne Co., VA., Scale 1" = 100' April 8, 1947, W. B. Gallup-County Surveyor", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 20, Page 33, said land being more particularly bounded and described as follows: BEGINNING at a stake in the Eastern side of East Lane, which stake is distant two hundred (200) feet in a Northerly direction from the Northern boundary line of Virginia Beach Boulevard, thence in an Easterly direction and parallel with Virginia Beach Boulevard, one hundred fifty (150) feet to a point; thence in a Northerly direction and parallel with East Lane, a distance of twenty-five (25) feet to a point; thence in a Westerly direction and parallel with Virginia Beach Boulevard, one hundred fifty (150) feet to a stake in the Eastern side of East Lane; thence along the Eastern side of East Lane in a Southerly direction twenty-five (25) feet to the point of the beginning. IT BEING the same property conveyed to the City of Virginia Beach, by deed of Nina F. Treiber, dated March 19,2008 and recorded in the aforesaid Clerk's Office as Instrument No. I II 20080327000347240. 2248 London Street (GPIN 2407-02-1454) ALL THAT certain lot, piece, or parcel of land, together with the improvements thereon, belonging, lying, situate and being in the City of Virginia Beach, Virginia, known, numbered and designated as Lot 43, as shown on that certain plat entitled, "REVISED PLAT OF GATEWOOD PARK, VIRGINIA BEACH, VIRGINIA," which said plat is 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 87 and in Map Book 34, at Page 16; reference to which plat is hereby made for a more particular description of said property. IT BEING the same property conveyed to the City of Virginia Beach, by deed of Andrew R. Howerin and Tatsiana Baikova dated February 13, 2007 and recorded in the aforesaid Clerk's Office as Instrument No. 20070305000297790. 2216 Reuben Street (GPIN 2407-03-7090 and 2407-02-7935) ALL THOSE certain lots, pieces, or parcels of land, together with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot Twelve (12) and Thirteen (13) as shown on that certain plat entitled, "REVISED PLAT OF GATEWOOD PARK", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 25, at page 87. IT BEING the same property conveyed to the City of Virginia Beach, by deed of Geary H. Groman and Patricia A. Groman dated May 24, 2007 and recorded in the aforesaid Clerk's Office as Instrument No. 20070629000882390. 2217 Reuben Street (GPIN 2407-02-8738 & 2407-02-7758) GPIN: 2407-02-8738 ALL THAT certain lot, tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto ! I: I Ii belonging, situate, lying and being in the City of Virginia Beach, Virginia, known, numbered and designated on a plat made by W.B. Gallup, County Surveyor, designated "Gatewood Park Extended", and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 34, at page 16, (erroneously referred to in Deed Book 2503 at Page 1570 as "Gatewood Park", and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 25, at page 87), as Lot Numbered Thirty-three (33), more particularly bounded and described by reference to said plat, to which reference is hereby made. GPIN: 2407-02-7758 ALL THAT certain lot, tract, piece or parcel of land with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, known and numbered and designated on a plat, made by W.B. Gallup, County Surveyor, July 1, 1947, designated "Gatewood Park", and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 21, at page 15, as Lot numbered Thirty- two (32), more particularly bounded and described by reference to said plat, to which reference is hereby made and also as shown on the Revised Plat of Gatewood Park Extended recorded in the aforesaid Clerk's Office in Map Book 34, at page 16. IT BEING the same property conveyed to the City of Virginia Beach, by deed of Cathy P. Lightfoot a/k/a Cathy P. Wilkinson dated April 21, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080507000530700. I I, EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 212 GATEWOOD AVE, 1512 NEW YORK AVE, 1516 NEW YORK AVE, 1520 NEW YORK AVE, 1548 OHIO AVE, 308 N. OCEANA BLVD, 2248 LONDON STREET, 2216 REUBEN STREET AND 2217 REUBEN STREET SELLER: PURCHASER: PROPERTY: City of Virginia Beach Ocean Bay Homes, Inc., a Virginia corporation 1) 14,984 square feet of property generally known as 212 Gatewood Ave (GPIN 2407-03-4060); 2) 11,335 square feet of property generally known as 1512 and 12 of 1516 New York Ave (GPIN 2417-04-3750 & 12 of GPIN 2417-04-2780); 3) 11,235 square feet of property generally known as 1520 and 12 of 1516 New York Ave (GPIN 2417-04-2629 & 12 ofGPIN 2417-04-2780); 4) 11,373 square feet of property generally known as 1548 Ohio Ave (GPIN 2407-95-7225); 5) 11,250 square feet of property generally known as 308 N. Oceana Blvd (GPIN 2417-06-6161 & 2417-16-6116); 6) 14,971 square feet of property generally known as 2248 London Street (GPIN 2407-02-1454); 7) 28,624 square feet of property generally known as 2216 Reuben Street (GPIN 2407-03-7090 & 2407-02-7635); and 8) 13,556 square feet of property generally known as 2217 Reuben Street (GPIN 2407-02-8738 & 2407-02-7758) More particularly described as: 212 Gatewood Ave (GPIN 2407-03-4060) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 16, as shown on the plat entitled "Revised Plat Gatewood Park", which plat is duly recorded in the Clerk's Office of the Circuit Court ofthe City of Virginia Beach, Virginia in Map Book 25, at page 87. IT BEING the same property conveyed to City of Virginia Beach, by deed of John C. Cutrell and John C. Cutrell, Trustee, dated June 12, 2007 and recorded in the aforesaid Clerk's Office as Instrument No. II I, 20070628000874700. 1512 & ~ 1516 New York Avenue (GPIN 2417-04-3750 & ~ 2417-04-2780) ALL THAT certain lot, piece or parcel of land, with the buildings and appurtenances thereunto belonging, lying, situate, and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 10 and 1i of Lot 9, in Block "A", on the Certain plat entitled "Oceana Terrace," which said plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 147. It being the same property conveyed to the City of Virginia Beach by deed of Thornton Properties #1, L.L.C., a Virginia limited liability company, dated April 11, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080411000417840. 1520 New York Ave & ~ 1516 New York Ave (GPIN 2417-04-2629 & ~ 2417-04- 2780) ALL THAT certain lot, piece or parcel of land, with the buildings and appurtenances thereunto belonging, lying, situate, and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 8 and 1i of Lot 9, in Block "A", on the Certain plat entitled "Oceana Terrace," which said plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 147. It being the same property conveyed to the City of Virginia Beach by deed of Thornton Properties #1, L.L.C., a Virginia limited liability company, dated April 11, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080411000417840. 1548 Ohio Avenue (GPIN: 2407-95-7225 (Parcel One) & 2407-95-6272 (Parcel Two) GPIN: 2407-95-7225: All that certain lot, piece or parcel of land located at Oceana Gardens, Virginia Beach, (formerly Princess Anne County), Virginia, known, numbered and designated as the Southern one-half (l/2) of Lot Six (6), in Block Ten (10) of the Plat of Oceana Gardens, said half of lot fronting Sixty (60) feet on Ohio Avenue and running back between II parallel lines One Hundred, Twenty-five (125) feet to the Northern half of said lot. GPIN 2407-95-6272: All that certain fourth of lot, piece or parcel of land located at Oceana Gardens, Virginia Beach 9formerly Princess Anne county), Virginia, and known, numbered and designated as the Eastern one-half (1/2) of the Southern one-half (1/2) of Lot five 95) in Block Ten (10) of the plat of Ocean a Gardens, which plat is duly recorded in the Clerk's Office of the Circuit Court of Virginia Beach (formerly Princess Anne County), Virginia; the said property hereby conveyed, taken as a whole, fronts thirty (30) feet on Ohio Avenue and extends back between parallel lines One Hundred, Twenty-five (125) feet. IT BEING the same property conveyed to the City of Virginia Beach, Virginia by deed from Dalton E. Midgett and Peggy 1. Midgett, husband and wife, dated December 10, 2007, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, as Instrument No. 20071217001659640. 308 N. Ocean a Boulevard (GPIN 2417-06-6161 & 2417-06-6116) GPIN: 2417-06-6161 ALL THAT certain piece or parcel of land, located in OCEANA GARDENS, near Oceana, in L YNNHA VEN BOROUGH, in the City of VIRGINIA BEACH, VIRGINIA, shown on plat entitled, "Property of Kenneth Cruiser, Located in Oceana Gardens-Princess Anne Co., VA., Scale 1" = 100', April 8, 1947, W. B. Gallup-County Surveyor", which plat is duly recorded in the Clerk's Office ofthe Circuit Court of the City of Virginia Beach, Virginia, in Map Book 20, Page 33, said land being more particularly bounded and described as follows: BEGINNING at a stake in the Eastern side of East Lane, which stake is distant one hundred and fifty (150) feet in a Northerly direction from the Northern boundary line of Virginia Beach Boulevard; thence in an Easterly direction and parallel with Virginia Beach Boulevard, one hundred and fifty feet (150) to a point; thence in a Northerly direction and parallel with East Lane, a distance of fifty (50) feet to a point; thence in a Westerly direction and parallel with Virginia Beach Boulevard, one hundred and fifty (150) feet to a stake in the Eastern side of East Lane; thence along the Eastern side of East Lane in a Southerly direction fifty (50) feet to the point of beginning. , I I I GPIN: 2417-06-6116 ALL THAT certain piece or parcel of land, located in OCEANA GARDENS, near Oceana, in L YNNHA VEN BOROUGH, in the City of Virginia Beach, Virginia, shown on plat entitled "Property of Kenneth Cruiser, Located in Oceana Gardens-Princess Anne Co., VA., Scale 1" = 100' April 8, 1947, W. B. Gallup-County Surveyor", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 20, Page 33, said land being more particularly bounded and described as follows: BEGINNING at a stake in the Eastern side of East Lane, which stake is distant two hundred (200) feet in a Northerly direction from the Northern boundary line of Virginia Beach Boulevard, thence in an Easterly direction and parallel with Virginia Beach Boulevard, one hundred fifty (150) feet to a point; thence in a Northerly direction and parallel with East Lane, a distance of twenty-five (25) feet to a point; thence in a Westerly direction and parallel with Virginia Beach Boulevard, one hundred fifty (150) feet to a stake in the Eastern side of East Lane; thence along the Eastern side of East Lane in a Southerly direction twenty-five (25) feet to the point of the beginning. IT BEING the same property conveyed to the City of Virginia Beach, by deed of Nina F. Treiber, dated March 19, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080327000347240. 2248 London Street (GPIN 2407-02-1454) ALL THAT certain lot, piece, or parcel of land, together with the improvements thereon, belonging, lying, situate and being in the City of Virginia Beach, Virginia, known, numbered and designated as Lot 43, as shown on that certain plat entitled, "REVISED PLAT OF GATEWOOD PARK, VIRGINIA BEACH, VIRGINIA," which said plat is 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 87 and in Map Book 34, at Page 16; reference to which plat is hereby made for a more particular description of said property . IT BEING the same property conveyed to the City of Virginia Beach, by deed of Andrew R. Howerin and Tatsiana Baikova dated February 13,2007 and recorded in the aforesaid Clerk's Office as Instrument No. 20070305000297790. ,I I, 2216 Reuben Street (GPIN 2407-03-7090 and 2407-02-7935) ALL THOSE certain lots, pieces, or parcels of land, together with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot Twelve (12) and Thirteen (13) as shown on that certain plat entitled, "REVISED PLAT OF GATEWOOD PARK", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 25, at page 87. IT BEING the same property conveyed to the City of Virginia Beach, by deed of Geary H. Groman and Patricia A. Groman dated May 24, 2007 and recorded in the aforesaid Clerk's Office as Instrument No. 20070629000882390. 2217 Reuben Street (GPIN 2407-02-8738 & 2407-02-7758) GPIN: 2407-02-8738 ALL THAT certain lot, tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, known, numbered and designated on a plat made by W.B. Gallup, County Surveyor, designated "Gatewood Park Extended", and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 34, at page 16, (erroneously referred to in Deed Book 2503 at Page 1570 as "Gatewood Park", and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 25, at page 87), as Lot Numbered Thirty-three (33), more particularly bounded and described by reference to said plat, to which reference is hereby made. GPIN: 2407-02-7758 ALL THAT certain lot, tract, piece or parcel of land with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, known and numbered and designated on a plat, made by W.B. Gallup, County Surveyor, July 1, 1947, designated "Gatewood Park", and recorded in the Clerk's Office of the Circuit Court ofthe City of Virginia Beach, I I, Virginia, in Map Book 21, at page 15, as Lot numbered Thirty-two (32), more particularly bounded and described by reference to said plat, to which reference is hereby made and also as shown on the Revised Plat of Gatewood Park Extended recorded in the aforesaid Clerk's Office in Map Book 34, at page 16. IT BEING the same property conveyed to the City of Virginia Beach, by deed of Cathy P. Lightfoot alk/a Cathy P. Wilkinson dated April 21 , 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080507000530700. SALE PRICE: $43,500 (212 Gatewood Ave) $37,000 (1512 & ~ of 1516 New York Ave) $37,000 (1520 & ~ of 1516 New York Ave) $44,500 (1548 Ohio Ave) $33,500 (308 N. Oceana Blvd) $40,000 (2248 London Street) $42,500 (2216 Reuben Street) $42.500 (2217 Reuben Street) $320,500 CONDITIONS OF SALE . Properties are purchased "As Is, Where Is." . Seller shall convey the properties subject to a deed restriction preventing Buyer, or ultimate owner-occupant, from participation in the APZ-1 Acquisition Program. . Seller shall convey the properties with a plat restriction limiting each site to the development of one single-family dwelling unit, in perpetuity. . Buyer shall construct one single-family dwelling on each site, in a style that substantially matches the style approved by the Planning Department. . Buyer, at its own cost, shall resubdivide the Property, if more than one lot, to vacate interior lot lines. . Purchaser shall deposit Five Thousand and no/l 00 Dollars ($5,000.00) per Building Site at the execution of the Purchase Agreement. . Buyer is required to construct using materials for enhanced noise attenuation, to include: o Roofing- Thicker, denser roof shingles with a 40 year warranty. o Attic- R-40 sound attenuation rated insulation at ceiling joist or bottom cord oftruss. o Framing- 2 x 6 studs and plates or staggered 2 x 4 studs on 2 x 6 plates at exterior. i I I, o Insulation · Exterior Walls- R -19 rated batts or 2 inch rigid foam. . Interior Walls- Insulate each interior wall with R-13 rated batts. o Windows- Triple glazed vinyl or vinyl clad windows, properly caulked. o Doors- Solid insulated metal doors with storm doors if approved by each door manufacturer. o Foundation - Insulated concrete slab foundation is preferred. If a raised foundation with an unconditioned crawlspace is used, seal all penetrations through the foundation walls i.e. electrical, plumbing, HV AC, etc. and insulate foundation access with rigid insulation. o Floors - Insulate floors over unconditioned crawlspaces with R-30 rated batt insulation. Seal all penetrations through floors i.e. electrical, plumbing, HV AC, etc. o Exhaust fans - Use ductless kitchen exhaust range hood with electric cooking appliances. o Dryer Vents - Route vents through crawl space and exit to the exterior through the foundation wall. o Sealing and Caulking - Seal and/or caulk all exterior and interior wall penetrations through exterior walls including but not limited to those for: electrical, plumbing, HV AC, all wall/floor junctures where sheetrock meets sub-flooring and along entire base and top plates. Seal all penetrations through floors i.e. electrical, plumbing, HV AC, etc V :\applications.citylawprodcycom321 Wpdocs\D008\POO7\00000499 .DOC , I 'I I: CITY COUNCIL ACTION TRANSMITTAL FORM PART I (FOR APPROVAL/CONCURRENCE) February 23, 2009 1. SubjecUTitle/Name: An Ordinance declaring the properties located at 212 Gatewood Ave (GPIN 2407-03-4060); 1512 New York Ave (GPIN 2417-04-3750) together with Yz of 1516 New York Ave (GPIN 2417-04-2780); 1520 New York Ave (GPIN 2417-04-2629) together with Yz of 1516 New York Ave (GPIN 2417-04-2780);1548 Ohio Ave (GPIN 2407-95-7225); 308 N. Oceana Blvd (GPIN 2417-06-6161 & 2417-16-6116); 2248 London Street (GPIN 2407-02-1454); 2216 Reuben Street (GPIN 2407-03-7090 & 2407-02-7635); and 2217 Reuben Street (GPIN 2407-02-8738 & 2407-02-7758) to be in excess of the City's needs and authorizing the City Manager to sell the properties to Ocean Bay Homes, Inc. 2. Scheduled Council Date: March 10, 2009 3. Submitting Department/Agency: PW REAL ESTATE 4. Response Required By: (Based on Agenda Request Schedule) D Urgent? (Explain why) 5. COORDINATION/APPROVAL: Department Date Phil A. Davenport, Public Works, Admin pfrO :z/:<tf/Pj Receiving Departments/Agencies: Complete Action Requested (below) and return transmittal form with signature of approving official in this box to requesting department. This approval constitutes department/agency head approval of this issue. 6. Action Requested: (check off or fill in requested action) X Review/Approval o Ordinance/Resolution Preparation o Other (explain) 7. Agenda Issue Manager:(NamelDepUPhone) Jackie Roles, PW Real Estate @ 416tJ'f" PART II (FOR TRANSMITTAL TO THE CITY MANAGER) February 23, 2009 I I Ii - 29- Item V-J.4.b. ORDINANCES/RESOLUTIONS ITEM # 58600 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED: Ordinance to DECLARE EXCESS City property and AUTHORIZE their sale: b. Murray Homes, Inc. for $110,000: 113 Middle Lane 224 Middle Lane 1545 Ohio Avenue Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10,2009 II' 1 2 AN ORDINANCE DECLARING THE 3 PROPERTIES LOCATED AT 113 MIDDLE LANE; 4 224 MIDDLE LANE TOGETHER WITH 230 5 MIDDLE LANE; AND 1545 OHIO AVENUE TO 6 BE IN EXCESS OF THE CITY'S NEEDS AND 7 AUTHORIZING THE CITY MANAGER TO SELL 8 THE PROPERTIES TO MURRAY HOMES, INC. 9 10 11 12 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 13 certain parcels of land located at (1) 113 Middle Lane (GPIN 2407-94-9449); (2) 224 14 Middle Lane (GPIN 2417-05-1302) together with 230 Middle Lane (GPIN 2417-05- 15 1308); and (3) 1545 Ohio Avenue (GPIN 2407-95-7191) (the "Property", individually, or 16 the "Properties", collectively), more particularly described on Exhibit "A" attached hereto 1 7 and made a part hereof; 18 19 WHEREAS, the City acquired the Properties pursuant to the APZ-1 20 Acquisition Program; 21 22 WHEREAS, the City funded the acquisition of the Properties through a 23 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 24 contributing fifty percent (50%) of the funds; 25 2 6 WHEREAS, the Properties are in the midst of other residences and at the 27 time of acquisition were improved with residential dwellings, which were demolished 28 due to their poor condition; 29 30 WHEREAS, City Council has elected to allow the reconstruction of a 31 single-family home of each of the three Properties in order to maintain the integrity of 32 the neighborhood; and 33 34 WHEREAS, each such reconstruction is a grandfathered nonconforming 35 use allowed under current zoning law; 36 37 WHEREAS, the re-development of the Properties will be at a lesser 38 density than the original use of the Properties; 39 40 WHEREAS, a Request for Proposal ("RFP") was advertised for the 41 potential sale of the Properties; 42 43 WHEREAS, the partnership of Murray Homes, Inc., and Richardson 4 4 Homes, Inc. ("Murray") was one of the respondents to the RFP; 45 46 WHEREAS, the APZ-1 Disposition Committee has recommended that City 47 Council declare the Properties to be in excess of the City's needs and sell the 48 Properties to Murray; 49 'I II 50 WHEREAS, Murray will build a new single-family home on each Property 51 to prescribed standards acceptable to the City, including elevated noise attenuation 52 standards, and will thereafter convey the improved Property to an owner-occupant; 53 54 WHEREAS, Murray will purchase the Properties in accordance with the 55 Summary of Terms attached hereto as Exhibit uB" and made a part hereof; 56 5 7 WHEREAS, the City Council is of the opinion that the property is in excess 5 8 of the needs of the City of Virginia Beach. 59 60 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 61 OF VIRGINIA BEACH, VIRGINIA: 62 63 That the Properties located at (1) 113 Middle Lane (GPIN 2407-94-9449); 64 (2) 224 Middle Lane (GPIN 2417-05-1302) together with 230 Middle Lane (GPIN 2417- 65 05-1308); and (3) 1545 Ohio Avenue (GPIN 2407-95-7191) are hereby declared to be in 66 excess of the needs of the City of Virginia Beach and that the City Manager is hereby 67 authorized to execute any documents necessary to convey the Properties to Murray, in 68 substantial conformity with the Summary of Terms attached hereto as Exhibit Band 69 such other terms, conditions or modifications as are deemed necessary and sufficient 70 by the City Manager and in a form deemed satisfactory by the City Attorney. 71 72 Further, that the revenue from the sale of the Properties in the amount of 73 $110,000 shall be received and appropriated to the Ocean a and ITA Conformity and 74 Acquisition Project (CIP 9-060) and the City Manager shall thereafter refund the 75 Commonwealth's portion of such revenue and allocate the remainder for on-going 76 expenses of the City's BRAC program, but such appropriation shall not increase the 77 City's $7.5 million annual acquisition commitment. 78 79 This ordinance shall be effective from the date of its adoption. 80 81 Adopted by the Council of the City of Virginia Beach, Virginia, on the 82 1 otl(iay of March ,2009. R-1 2/23/2009 CA 10782 V:\applications\citylawprod\cycom32\Wpdocs\D008\P007\OO000609.DOC APPROVED AS TO CONTENT /~ I I, EXHIBIT A 113 Middle Lane (GPIN: 2407-94-9449) ALL THAT certain lot, tract or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being at Oceana, in Lynnhaven borough, in the City of Virginia Beach, State of Virginia, bounded and described with reference to a plat of Oceana Gardens, as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3, at page 51, as follows, to-wit: BEGINNING at the southwest intersection of Middle Lane and New York Avenue; running thence westwardly along the south side of New York Avenue 120 feet; thence southwardly and parallel with Middle Lane 125 feet; thence eastwardly and parallel with New York Avenue 120 feet; and thence northwardly along the west side of Middle Lane 125 feet to the point of beginning; being the Northern half of Lots Numbers Nine (9) and Ten (10), in Block Five (5), as shown on the aforementioned plat. IT BEING the same property conveyed to City of Virginia Beach, by deed of Hazel A. Bentley, dated December 6, 2007 and recorded in the aforesaid Clerk's Office as Instrument No. 20071214001652770. 224 Middle Lane (GPIN: 2417-05-1302) & 230 Middle Lane (GPIN: 2417-05-1308) 224 Middle Lane ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying and situate in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot 17 & 18, as shown on that certain plat entitled, "Hillcrest" (erroneously referred to as "Hillcrest Forest"), said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at page 8. IT BEING the same property conveyed to City of Virginia Beach, by deed of Evelyn M. Field, dated January 18, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080204000128400. I I; 230 Middle Lane ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying and situate in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot 17 & 18, as shown on that certain plat entitled, "Hillcrest" (erroneously referred to as "Hillcrest Forest"), said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at page 8. IT BEING the same property conveyed to City of Virginia Beach, by deed of Michael Hughes and Jacqueline Hughes, dated April 21,2008, and recorded in the aforesaid Clerk's Office as Instrument No. 20080502000513300. 1545 Ohio Avenue (GPIN: 2407-95-7191) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered, and designated as the northern % of Lot 7, Block 9 (erroneously referred in deed as Block B) on the Plat of Oceana Gardens and on the southern line of Ohio Avenue and running back between parallel lines 125' which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3, at page 51. IT BEING the same property conveyed to City of Virginia Beach, by deed of Earl E. Wise, Jr. and Mary Ann Wise, dated January 30, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080131000113720. I I, EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 113 MIDDLE LANE; 224 MIDDLE LANE TOGETHER WITH 230 MIDDLE LANE; AND 1545 OHIO AVENUE SELLER: City of Virginia Beach PURCHASER: Murray Homes, Inc., a Virginia corporation. PROPERTY: 1) 15,000 square feet of property generally known as 113 Middle Lane (GPIN: 2407-94-9449); 2) 19,067 square feet of property generally known as 224 & 230 Middle Lane (GPIN: 2417-05-1302 & 2417-05-1308); and 3) 7,336 square feet of property generally known as 1545 Ohio Avenue (GPIN: 2407-95-7191) More particularly described as: 113 Middle Lane (GPIN: 2407-94-9449) ALL THAT certain lot, tract or parcel ofland, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being at Oceana, in Lynnhaven borough, in the City of Virginia Beach, State of Virginia, bounded and described with reference to a plat of Oceana Gardens, as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3, at page 51, as follows, to-wit: BEGINNING at the southwest intersection of Middle Lane and New York Avenue; running thence westwardly along the south side of New York Avenue 120 feet; thence southwardly and parallel with Middle Lane 125 feet; thence eastwardly and parallel with N ew York Avenue 120 feet; and thence northwardly along the west side of Middle Lane 125 feet to the point of beginning; being the Northern half of Lots Numbers Nine (9) and Ten (10), in Block Five (5), as shown on the aforementioned plat. IT BEING the same property conveyed to City of Virginia Beach, by deed of Hazel A. Bentley, dated December 6, 2007 and recorded in the aforesaid Clerk's Office as Instrument No. 20071214001652770. il I; 224 Middle Lane (GPIN: 2417-05-1302) & 230 Middle Lane (GPIN: 2417-05-1308) 224 Middle Lane ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying and situate in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot 17 & 18, as shown on that certain plat entitled, "Hillcrest" (erroneously referred to as "Hillcrest Forest"), said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at page 8. IT BEING the same property conveyed to City of Virginia Beach, by deed of Evelyn M. Field, dated January 18, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080204000128400. 230 Middle Lane ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying and situate in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot 17 & 18, as shown on that certain plat entitled, "Hillcrest" (erroneously referred to as "Hillcrest Forest"), said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at page 8. IT BEING the same property conveyed to City of Virginia Beach, by deed of Michael Hughes and Jacqueline Hughes, dated April 21, 2008, and recorded in the aforesaid Clerk's Office as Instrument No. 20080502000513300. 1545 Ohio Avenue (GPIN: 2407-95-7191) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered, and designated as the northern 12 of Lot 7, Block 9 (erroneously referred in deed as Block B) on the Plat of Oceana Gardens and on the southern line of Ohio Avenue and running I I, back between parallel lines 125' which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3, at page 51. IT BEING the same property conveyed to City of Virginia Beach, by deed of Earl E. Wise, Jr. and Mary Ann Wise, dated January 30, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080131000113720. SALE PRICE: $40,000 (113 Middle Lane) $40,000 (224 & 230 Middle Lane) $30.000 (1545 Ohio Avenue) $110,000 CONDITIONS OF SALE . Properties are purchased "As Is, Where Is." . Seller shall convey the properties subject to a deed restriction preventing Buyer, or ultimate owner-occupant, from participation in the APZ-l Acquisition Program. . Seller shall convey the properties with a plat restriction limiting each site to the development of one single-family dwelling unit, in perpetuity. . Buyer shall construct one single-family dwelling on each site, in a style that substantially matches the style approved by the Planning Department. . Buyer, at its own cost, shall resubdivide the Property, if more than one lot, to vacate interior lot lines. . Purchaser shall deposit Five Thousand and no/1 00 Dollars ($5,000.00) per Building Site at the execution of the Purchase Agreement. . Buyer is required to construct using materials for enhanced noise attenuation, to include: o Roofing- Thicker, denser roof shingles with a 40 year warranty. o Attic- R-40 sound attenuation rated insulation at ceiling joist or bottom cord of truss. o Framing- 2 x 6 studs and plates or staggered 2 x 4 studs on 2 x 6 plates at exterior. o Insulation · Exterior Walls- R-19 rated batts or 2 inch rigid foam. · Interior Walls- Insulate each interior wall with R-13 rated batts. o Windows- Triple glazed vinyl or vinyl clad windows, properly caulked. o Doors- Solid insulated metal doors with storm doors if approved by each door manufacturer. o Foundation - Insulated concrete slab foundation is preferred. If a raised foundation with an unconditioned crawlspace is used, seal all penetrations through the foundation walls i.e. electrical, plumbing, HV AC, etc. and II I, insulate foundation access with rigid insulation. o Floors - Insulate floors over unconditioned crawlspaces with R-30 rated batt insulation. Seal all penetrations through floors i.e. electrical, plumbing, HV AC, etc. o Exhaust fans - Use ductless kitchen exhaust range hood with electric cooking appliances. o Dryer Vents - Route vents through crawl space and exit to the exterior through the foundation wall. o Sealing and Caulking - Seal and/or caulk all exterior and interior wall penetrations through exterior walls including but not limited to those for: electrical, plumbing, HV AC, all wall/floor junctures where sheetrock meets sub-flooring and along entire base and top plates. Seal all penetrations through floors i.e. electrical, plumbing, HV AC, etc V :\application~citylawprodcycom32. Wpdocs\D008\POO7\00000499.DOC CITY COUNCIL ACTION TRANSMITTAL FORM PART I (FOR APPROVAL/CONCURRENCE) February 23, 2009 1. Subject/Title/Name: An Ordinance declaring the properties located at 113 Middle Lane (GPIN 2407-94-9449); 224 Middle Lane (GPIN 2417-05-1302) together with 230 Middle Lane (GPIN 2417-05-1308); and 1545 Ohio Avenue (GPIN 2407-95-7191) to be in excess of the City's needs and authorizing the City Manager to sell the properties to Murray Homes, Inc. 2. Scheduled Council Date: March 10, 2009 3. Submitting Department/Agency: PW REAL ESTATE 4. Response Required By: (Based on Agenda Request Schedule) o Urgent? (Explain why) 5. COORDINATION/APPROVAL: Department Date Phil A. Davenport, Public Works, Admin fAD zJ'7/fJoj I Receiving Departments/Agencies: Complete Action Requested (below) and return transmittal form with signature of approving official in this box to requesting department. This approval constitutes department/agency head approval of this issue. 6. Action Requested: (check off or fill in requested action) X Review/Approval D Ordinance/Resolution Preparation D Other (explain) 7. Agenda Issue Manager:(Nane/DeptlPhone) Jackie Roles, PW Real Estate @ 4161~ PART II (FOR TRANSMITTAL TO THE CITY MANAGER) February 23, 2009 To: City Manager ~ 0 Submitted By: (Department He~ t'. I1.r. Jason E. Cosby, Di ctor Department of Public Works ~ Z ~J II I, - 30 - Item V-J.5. ORDINANCES/RESOLUTIONS ITEM # 58601 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to execute Management Agreements for the operation and management of the Sportsplex, the United States Field Hockey National Training Center, a Ground Lease and Option Agreement for the construction of a retail center adjacent to the Sportsplex. Voting: 7-1 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M Henley Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer Vice Mayor Sessoms ABSTAINED due to a potential conflict re the managing contract on Item 5. (SPORTSPLEX) as this involves financial services with TowneBank. Mayor Sessoms is President of TowneBank March 10, 2009 II II 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER 2 TO EXECUTE (i) MANAGEMENT AGREEMENTS FOR THE 3 OPERATION AND MANAGEMENT OF THE SPORTSPLEX 4 AND THE UNITED STATES FIELD HOCKEY NATIONAL 5 TRAINING CENTER; AND (ii) A GROUND LEASE AND AN 6 OPTION AGREEMENT FOR THE CONSTRUCTION OF A 7 RETAIL CENTER ADJACENT TO THE SPORTSPLEX 8 9 WHEREAS, On October 4,2007, City Council issued its Request for Statements 10 of Interest and Qualifications Virginia Beach Sportsplex seeking qualified applicants to 11 enter into a public-private partnership to design, construct and operate new indoor and 12 outdoor sports facilities and associated sports service facilities (the "RFI"); 13 14 WHEREAS, Hometown Hero's Sports, LLC ("HHS") responded to the RFI, and 15 City Council directed staff to attempt to finalize negotiations with the principals of HHS 16 for (i) the management of the existing Sportsplex and United States Field Hockey 17 National Training Center facilities, and (ii) a ground lease of property for the 18 construction of a sports-related retail center on 7.1 acres of City-owned property 19 adjacent to the Sportsplex; 20 21 WHEREAS, representatives from Hometown Sports Management, LLC, and 22 Sportsplex Commons, LLC, each affiliated entities of HHS, have worked with the City 23 Manager and City staff to develop non-binding term sheets for the management and 24 operation of the Sportsplex and United States Field Hockey National Training Center, 25 each dated January 27,2009 (collectively the "Management Agreement Term Sheets"), 26 and a Term Sheet for an option agreement and ground lease for the construction of a 27 retail center adjacent to the Sportsplex, also dated January 27, 2009 (the "Retail Center 28 Term Sheet", and collectively with the Management Agreement Term Sheets, the "Term 29 Sheets"); 30 31 WHEREAS, the Term Sheets were approved by City Council at its February 3, 32 2009 meeting by Ordinance ORD3065M; 33 34 WHEREAS, as set forth in the Term Sheets, Hometown Sports Management, 35 LLC would take over the management and operation of the Sportsplex and United 36 States Field Hockey National Training Center, and Sportsplex Commons, LLC would 37 receive a five-year option to lease approximately 7.1 acres of property adjacent to the 38 Sportsplex for the purpose of constructing a retail center; 39 40 WHEREAS, a location map showing the property to be subject to the 41 Management Agreements as "Sportsplex Area" and "USFH Area", and the property to 42 be leased for the retail center as "Retail Center Area" is attached hereto as Exhibit A; 43 and 44 ii I Ii 45 WHEREAS, the City Council finds that the actions contemplated by the Term 46 Sheets will further the goals identified in the RFI and promote the Athletic Village at 47 Princess Anne Commons. 48 49 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 50 VIRGINIA BEACH, VIRGINIA: 51 52 1 . That the City Manager is hereby authorized to execute management 53 agreements for the management and operation of approximately 65 acres of property 54 consisting of the Sportsplex and the United States Field Hockey National Training 55 Center (the "USFH"), as shown on Exhibit A attached hereto and made a part hereof, 56 for the term of sixteen years with Hometown Sports Management, LLC in accordance 57 with the Sportsplex Management Agreement Term Sheet and the USFH Term Sheet, 58 each attached hereto as Exhibits Band C, which summarize the proposed Management 59 Agreements previously provided to City Council, and such other terms and conditions 60 deemed necessary and sufficient by the City Manager and in a form deemed 61 satisfactory by the City Attorney; 62 63 2. That the City Manager is hereby authorized to execute an option 64 agreement and a lease for 7.1 acres as shown on Exhibit A attached hereto and made 65 a part hereof, for the construction and operation of a retail center, for a total term of forty 66 years with Sportsplex Commons, LLC, in accordance with the Sportsplex Retail Center 67 Option and Ground Lease Term Sheet, attached hereto as Exhibit D, which summarizes 68 the proposed option agreement and lease previously provided to City Council, and such 69 other terms and conditions deemed necessary and sufficient by the City Manager and in 70 a form deemed satisfactory by the City Attorney; 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day 73 of March ,2009. APPROVED AS TO CONTENT: APPROVED AS TO L5GA~ SUFF'::/~;:;ti~) .,/"" /,,':" ~/ / r ~,.-' /' t City Attorney ~ CA-10990 v :lapplicationslcitylawprod\cycom321 WpdocslDO 1 ) IP005100003288.DOC R-1 3/3/09 2 'I Ii - 31 - Item V-J. 6. ORDINANCES/RESOLUTIONS ITEM # 58602 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property (Rudee Inlet) for HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation, to construct and maintain wooden piers at the rear of 232, 236 and 240 Indian Avenue. DISTRICT 6 - BEACH The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee: and, that the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 7. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). March 10, 2009 II I, - 32 - Item V-J. 6. ORDINANCES/RESOLUTIONS ITEM # 58602 (Continued) 8. It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of fifteen (15) feet in width landward from the shoreline adjoining lots two (2) and three (3) and a fifteen (15) feet buffer reducing to five (5) feet, adjoining lots one (1) and two (2) and shall run the entire length of the shoreline, as shown on the aforesaid attached Exhibit "A ", and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "buffer "). The Buffer shall not be established during the months of June, July or August so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit the Grantee must post a bond or other security, in an amount equal to the estimate cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection. Upon satisfactory completion of the Buffer, as determined solely by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. The Grantee shall, in addition, make a Four Hundred and Fifteen Dollar ($415.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the reduction in the riparian buffer area that cannot be established on the property of the Grantee. Said payment is equal to the cost of plant mater/al that would have been required on the lots in order to establish the full fifteen (15) feet of riparian buffer restoration required for shoreline encroachments as a standard condition of the City. Said payment will be used to restore buffer areas on other City owned property. 9. It is further expressly understood and agreed that the Grantee must obtain and keep in force all- risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 10. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 11. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 12. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. March 10, 2009 I I, - 33 - Item V-J. 6. ORDINANCES/RESOLUTIONS ITEM # 58602 (Continued) Voting: 8-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: John E. Uhrin Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer Councilman Uhrin DISCLOSED on Item J.6. (HOME ASSOCIATES OF VIRGINIA, INC.) Councilman Uhrin DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), Code of Virginia, he is currently negotiating with the property owner to purchase property that is the subject of this . transaction. Councilman Uhrin's correspondence of March 10, 2009, is hereby made a part of the record. March 10, 2009 I I Ii II City e>f Virgir1ia Beach VBgov.com JOHN E. UHRIN COUNCILMAN - DISTRICT 6 - BEACH PHONE: (757) 491-9388 JUHRIN@VBGOV.COM Refer to File No. 0038334 March 10, 2009 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Dear Mrs. Fraser: Pursuant to the Virginia Conflict ofInterests Act, Section 2.2-3115(E), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance to authorize temporary encroachments into a portion of City-owned property (Rudee Inlet) for Home Associates of Virginia, Inc. to construct and maintain wooden piers at the rear of 232, 236, and 240 Indian A venue. 2. I am currently negotiating with the property owner to purchase property that is the subject ofthis transaction and wish to abstain from voting on this matter. I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. sincy.. rei , _ ( 1 " ;U/ / ..../ John E. Uhrin Councilmember JEU/RRI 515 DELAWARE AVENUE, VIRGINIA BEACH, VIRGINIA 23451 I II II 1 Requested by Department of Public Works 2 3 AN ORDI NANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE RUDEE 7 LOCATED AT THE REAR OF 232, 236 8 AND 240 INDIAN AVENUE, VIRGINIA 9 BEACH, VIRGINIA, FOR PROPERTY 10 OWNER HOME ASSOCIATES OF 11 VIRGINIA, INC., A VIRGINIA 12 CORPORATION 13 14 WHEREAS, HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation, 15 desires to construct and maintain three (3) wooden piers upon a portion of the City's 16 property known as Lake Rudee, located at the rear of 232,236 and 240 Indian Avenue, 17 in the City of Virginia Beach, Virginia. 18 19 WHEREAS, Pursuant to SS 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as 20 amended, City Council may authorize temporary encroachments upon the City's 21 property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in SS 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Home Associates of Virginia, 27 Inc., its assigns and successors in title, are authorized to construct and maintain a 28 temporary encroachments consisting of piers upon a portion of the City's property 29 known as Lake Rudee as shown on the map marked ENCROACHMENT EXHIBIT "A" 30 and entitled: "HAV, INCORPORATED 232, 236 & 240 INDIAN AVENUE VIRGINIA 31 BEACH, VA 23451," a copy of which is on file in the Department of Public Works. Said 32 exhibit plat consists of three (3) sheets, copies of which are attached hereto as Exhibit 33 "A" and to which reference is made for a more particular description; and 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and Home Associates of Virginia, Inc., a Virginia corporation (the 38 "Agreement"), which is attached hereto and incorporated by reference; and 39 40 BE 'IT FURTHER ORDAINED, that the City Manager or his authorized designee 41 is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 44 time as Home Associates of Virginia, Inc., a Virginia corporation and the City Manager 45 or his authorized designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day 48 of March ,2009. I II I I CA-10988 V:\appli cations \citylawprod\cycom32IWpdocs\D01 OIP004100003096. DOC R-1 PREPARED: 02/10/2009 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~;iQ~ f PUBLIC WORKS, REAL ESTATE ~~ --- DANA . H ~EYER, ASSISTANT CITY ATTORNEY ,I Ii PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) -J. THIS AGREEMENT, made this I ?"--- day of F'cl3~J A.ey , 2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and HOME ASSOCIATES OF VIRGINIA. INC., a Virginia Corporation, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels of land designated and described as "Lot 1, Lot 2 and Lot 3", as shown on that certain plat entitled: "SUBDIVISION OF LOT A, BLOCK 69 SHADOW LAWN HEIGHTS (M.B. 302, PG. 10) VIRGINIA BEACH, VIRGINIA JUNE 24, 2008" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20081027001249400, and being further designated, known, and described as 232 Indian Avenue, 236 Indian Avenue and 240 Indian Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain wooden piers, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Rudee, the "Encroachment Area"; and GPIN: 2417-91-0713-0000; (Lot 1, 232 Indian Avenue) GPIN: 2417-81-9777-0000; (Lot 2,236 Indian Avenue) GPIN: 2417-81-9861-0000; (Lot 3,240 Indian Avenue) I Ii I' WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT EXHIBIT "A" HAV, INCORPORATED 232, 236 & 240 INDIAN AVENUE VIRGINIA BEACH, VA 23451," Said exhibit plat consists of three (3) sheets, copies of which are attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 i II I I It is further expressly understood and agreed that the Grantee shall defend, indemnify, and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard, It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of fifteen (15) feet in width landward from the shoreline adjoining lots two (2) and three (3) and a fifteen (15) feet buffer reducing to five (5) feet, adjoining lots one (1) and two (2), and shall run the entire length of the shoreline, as shown on the aforesaid attached Exhibit "A", and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the 3 i i II I I Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determi ned solely by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. The Grantee shall, in addition, make a FOUR HUNDRED AND FIFTEEN DOLLAR ($415.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the reduction in the riparian buffer area that cannot be established on the property of the Grantee. Said payment is equal to the cost of plant material that would have been required on the lots in order to establish the full fifteen (15) feet of riparian buffer restoration required for shoreline encroachments as a standard condition of the City. Said payment will be used to restore buffer areas on other City owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. 4 II I' II It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Home Associates of Virginia, Inc. a Virginia Corporation, the said Grantee has caused this Agreement to be executed in its corporate name and on its behalf by Robert L. Prodan, II, its President. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 I I II II CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2009, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2009, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 I i I! By I I (SEAL) STATE OF V'IC '}f/f./ lit L CITY/COUNTY OF/J/CJI (NIII ~E/tC#to-Wit: '1'1/ The foregoing instrument was acknowledged before me this /7 day of &~hlA-1Uf ,2009, by Robert L. Prodan, II, President of Home Associates of Virginia, Inc., a Virginia Corporation. ~~/4~(SEAL) Notary P lie Notary Registration Number:.3c:<3 7 S '1 My Commission Expires: F ~--6 oZJ , c20 / / ,....." ,- -~~..~"",.._>-_.~ (JEffY L. 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(j) (j) 0 ? 0 0 0 0 0 :r :r p p p p p p 0 0 p ~ ~ :::> :::> ." .... > Z n 0- cr n cr 0- 0 0 0 .... ;;:: .... :J: <:) .., .., .., .., ~ ~ ~ .., .., .~ '" '" '" ~ <D <D <D ~ '" 0 0 0 " -g P. .0- .0- 0 g ;;:: '0 .., .., .., <b '" '" '" ;;:: ~ ~ ~ ~ " 0 0- ;) fTI <b 0- s' 0 0 z " .0' .0' .0' " - '" .... 9.: 0 ;:!: ;:!: ;:!: (j) 3 0" 3 c: 2 c: ~ ~ ~ ENCROACHMENT EXHIBIT . A' FOR HAV, INC. 232. 236 & 240 INDIAN AVENUE VIRGINIA BEACH, VA 23451 DRAWN: CHKD DATE: REV'D: CPR MEP 10/27/08 12/03/08 "M.SA, P_C_ 5033 Rouse Drive, Virginia Beach, V A 23462 757-490-9264 (Of c) i; II I I, - 34 - Item V-J. 7. ORDINANCES/RESOLUTIONS ITEM # 58603 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to REDUCE FY 2008-09 City Departments' operating budgets and real/ocate funding to off-set increases in energy costs and increased participation in the Tax Relief Programfor the elderly/disabled Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10, 2009 ; I II III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AUTHORIZATION TO REDUCE FY 2008-09 CITY DEPARTMENTS' OPERATING BUDGETS AND REALLOCATE SUCH FUNDING TO OFF-SET INCREASES IN ENERGY COSTS AND INCREASED PARTICIPATION IN THE TAX RELIEF PROGRAM FOR THE ELDERLY/DISABLED WHEREAS, energy costs have increased substantially since the adoption of the FY 2008-09 Operating Budget; and WHEREAS, the continuing decline in the housing market and economy has increased the number of applications to the Tax Relief for the Elderly and Disabled Program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to reduce FY 2008-09 departmental operating budgets by a maximum of 1.25% and to reallocate such funding to address increased costs related to energy consumption and the Tax Relief Program for the Elderly and Disabled. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of March 2009. Approved as to Content: Approved as to Legal Sufficiency: c:J5 l ( Q, ~LOJ) Management Services ~JLori~ffice - CA11052 R-3 March 2, 2009 I I - 35 - Item V-J. 8. ORDINANCES/RESOLUTIONS ITEM # 58604 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED: Ordinance to APPROPRIATE $600,000 from the Fund Balance of the General Fund designated for mental health to the Department of Human Services' FY 2008-09 Operating Budget and AUTHORIZE the City Manager to sign an Agreement with Biznet, Inc. re independent living housing. Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10, 2009 II II I I 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM FUND 2 BALANCE OF THE GENERAL FUND TO THE DEPARTMENT 3 OF HUMAN SERVICES' FY 2008-09 OPERATING BUDGET 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. That $600,000 from the Fund Balance of the General Fund designated for 9 Mental Health is hereby appropriated to the Department of Human Services' FY 10 2008-09 Operating Budget to assist with purchasing independent living housing 11 for clients with disabilities, with revenue from local sources increased 12 accordingly. 13 14 2. That the City Manager, or his designee, is hereby authorized to sign an 15 agreement to provide funding for Biznet, Inc., funding which Biznet, Inc. will use 16 to purchase housing to serve people with disabilities. 17 of Adopted by the Council of the City of Virginia Beach, Virginia on the 10th March 2009. day Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: c~~~ CA11066 R-2 February 26, 2009 ,I II II I, Summary of Agreement between City of Virginia Beach ("City") and Biznet, Inc. ("Biznet") Summary of Material Terms Purpose: Premises: Term: Outlines the terms for an Agreement between the City through the Department of Human Services ("DHS") and Biznet to provide affordable housing in the form of 5 (or more) townhomes/condominiums ("Units") where persons with mild to moderate intellectual disabilities ("Clients") may live semi-independently. The Units would be located in the same subdivision or, in the alternative, would be located near an existing location where Biznet provides housing for persons with mild to moderate intellectual disabilities. The Agreement shall be in effect from the date of execution and continue for twenty years. At the conclusion of the term, the City would release Biznet of its obligations under this Agreement. Responsibilities of the City: · Provide the funds ($600,000); · Approve the condition and location of properties prior to Biznet purchase; · Provide eligibility screening for lessees of the townhomes/condominiums; and · Provide DHS services to Clients utilizing the Units. Responsibilities of Biznet, Inc.: . As a precondition to accepting the funds, Biznet shall secure financing or provide funding for any amount in excess of the funds being granted; Purchase the Units; Biznet shall have sole responsibility for all expenses related to the Units, such as, mortgage, property insurance and maintenance; No more than three (3) tenants shall reside in each Unit, regardless of that property's size; Require Clients to participate in services offered by DHS; Rent properties to Clients referred by the Department of Human Services, Intellectual Disability Division; such Clients to pay rents not to exceed 30% of the Client's gross adjusted income; and Reports to the City/DHS: · Quarterly until the Units are occupied to DHS; · After the Units are occupied, yearly reporting to DHS; and · After the 20 year term, report to the City summarizing the utilization of the Grant. . . . . . . i Ii I I - 36 - Item V-J. 9. ORDINANCES/RESOLUTIONS ITEM # 58605 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED: Ordinance to APPROPRIATE $285,107 from the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services to the Department of Human Services' FY 2008-09 Operating Fund re additional services for Juvenile offenders and people with MR disabilities. Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10, 2009 I i II I I, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE TO APPROPRIATE FUNDS TO THE DEPARTMENT OF HUMAN SERVICES' FY 2008-09 OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $285,107 from the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services is hereby accepted and appropriated to the Department of Human Services' FY 2008-09 Operating Budget to provide additional services to Mental Health, Mental Retardation and Substance Abuse clients, with revenue from the Commonwealth increased accordingly. 2. a. That $49,642 from the United States Department of Justice is hereby accepted and appropriated to the Department of Human Services' FY 2008-09 Operating Budget to provide additional services to juvenile offenders, with federal revenue increased accordingly; and b. That $5,516 is hereby transferred within the Department of Human Services' FY 2008-09 Operating Budget to provide the required local match. 3. That $2,000 from the fund balance of the Mental Health Gift Fund is hereby appropriated to the Department of Human Services' FY 2008-09 Operating Budget to support arts participation for people with Mental Retardation disabilities, with revenue from local sources increased accordingly. of Adopted by the Council of the City of Virginia Beach, Virginia on the 10th Mor..n 2009. day Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: JJon)n. ~~ Management Services I i ~~~ ity torney's Office CA11065 R-3 March 2, 2009 II II I I, - 37 - Item V-JI0. ORDINANCES/RESOLUTIONS ITEM # 58606 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $67,563 cash in-lieu-of park reservation payment from the Grassland Farms Subdivision to Neighborhood Park Acquisition and Development - Phase II Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10, 2009 i i Ii III I; 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS TO THE CIP # 4-023, NEIGHBORHOOD 3 PARK ACQUISITION AND DEVELOPMENT - PHASE 4 II 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 (a) $67,563 is hereby accepted in lieu of a park reservation from the Grasslands 10 Farm development, with local revenues increased accordingly; and 11 12 (b) $67,563 is hereby appropriated to CIP # 4-023, Neighborhood Park 13 Acquisition and Development - Phase II. 14 15 Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day 16 of March , 2009. 17 18 Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: bDvJQ. I Management Services 0?~ -- -Cityt"A ney's Office CA11064 R-3 February 26, 2009 I i Ii 11!~/200B w.ED 10:5B FAX ... NOV-13-2008 17:28 FROM:V8 PARKS & REC/ADMIN 757 385 1130 I II I, ~OO2l002 TO: 95189265 P.4'Q City of Virginia Beach [)F.'P ARTMf:!N'J OF PARKS AND JUJeRf'.A TION. DfSIGN MD DEVELOPMENT DlVl'\IQN MUN1CIPALCENTBR VIRf.iINI^ HeACH. V ^ 13456 PHONE: (757) ]t!S-IIIXlIFAX p'7)385-lBO SECTION 4.5 OF T SUBDMSION ORDINANCE CASH PAYMENT IN LIEU OF P RESERV A TION CITY COUNCIL POLK'\' PLANNlNGIDSC FILE #: SUBDIVISION NAME; ZONiNG: TOTAL SUBDIVISION ACREAGf)A DEDiCATION REQU.R~MBNT; ASSESSED VALUE PER A.CRE: HIO-646 5.000 SQ. (J. l(Iotal site acreage- x %) 12 I ~~ 7, 5'6 3 / ASSESSED VALUE FOR DSOrCATIO REQUIREMeNT: (Dedication requirement x a..o;~sed value r acre) The undersigned representing ~E ~e.s,~~ hCL'eby ~e this date 'f.-NdlI. I~. 'J.<)"Y. to the following cash payment 1T1li~u of park reservation: 1\ "7/ 5"" 3. ~~!r/vs 'f.-. ~ Company Representative 3lld Title .' , t ..~" ~~~~u(' Pianlling/DS LvlW~Ot WVttH vvV Ci[y Attorney's fflce I i Ii I I, Grassland Farms Subdivision Site II 5.3 Acres GPIN: 1495-07-6761 N Zoning: R5D . ' Noise Zone: 70 W E APZ Zone: N/A : Flood Zone: X500 S Map produced by: The City of Virginia Beach Department of Parks and Recreation Planning, Design, and Development o 120 240 480 720 Fee "I I' - 38 - Item V-K. PLANNING ITEM # 58607 1. JACK GLASER NONCONFORMING USE 2. BEVERLY W. ARMONSTRONG NONCONFORMING USE 3. ASSOCIATION FOR RESEARCH AND NONCONFORMING USE ENLIGHTENMENT, INC. (A.R.E.) 4. DA VID WILLIAM KOEHLER-PROTENHAUER MODIFICATION OF PROFFER 8 (Approved October 26,1993) CONDITIONAL USE PERMIT 5. OLIVIA DANIELS CONDITIONAL USE PERMIT 6. ALEXIS HOLDINGS, L.L.C. CONDITIONAL USE PERMIT 7. PONTIAC ARMS APARTMENTS, INC. CONDITIONAL USE PERMIT 8. WOWII, L.L.c. CONDITIONAL USE PERMIT 9. THUMMEL ASSOCIA TES, L.c. CONDITIONAL USE PERMIT 10.1250 CENTERVILLE, L.L.C.. CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 11. CITY OF VIRGINIA BEACH CITY ZONING ORDINANCE DELETE Section 201 (b) re setbacks from the ultimate right-of-way as shown on the Master Transportation Plan AMEND Sections 211 and 230 re signage for religious uses March 10,2009 i) II il I, - 39 - Item V-K. PLANNING ITEM # 58608 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED in ONE MOTION Items l(WITHDRAWN), 2 (DEFERRED INDEFINITELY), 3, 4a/b, 5,6, 7,8,9, 1a/b and 11a (INDEFINITE DEFERRAL) and b of the PLANNING BY CONSENT AGENDA. Item K.1 was WITHDRAWN, BY CONSENT Item K.2 was DEFERRED INDEFINITELY, BY CONSENT Item 11 a was DEFERRED INDEFINITELY, BY CONSENT. Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer Mayor Sessoms shall ABSTAIN on Item K.3. (ASSOCIATION FOR RESEARCH AND ENGLIGHTMENT, INC.), as the Association is a customer of TowneBank. Mayor Sessoms is President of TowneBank. March 10,2009 II - 40- Item V-K.1. PLANNING ITEM # 58609 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ALLOWED WITHDRAWAL of the application of JACK GLASSER re expansion of a Nonconforming Use at 3751 DuPont Circle. Resolution re application of JACK GLASSER authorizing the Enlargement of a Nonconforming Structure on property located at 3751 Dupont Circle. DISTRICT 4 - BAYSIDE DISTRICT Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10,2009 I I, - 41 - Item V-K.2. PLANNING ITEM # 58610 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council DEFERRED INDEFINITELY the application re BEVERLY W. ARMSTRONG for an expansion of a Nonconforming Use at 7300 73rd Street. Resolution re application of BEVERLY W. ARMSTRONG authorizing the enlargement of a Nonconforming Structure on property located at 7300 73rd Street DISTRICT 5 - LYNNHA VEN Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10, 2009 It - 42- Item V-K.3. PLANNING ITEM # 58611 Attorney R. E. Bourdon, Pembroke Office Park, Building 1,281 Independence Boulevard, Phone: 499- 8971, represented the applicant, and advised the fifth condition in the recommendations was based on a Plan submitted which contained two (2) entrances to the parking lot, shifted to the feeder road. The City staff requested one of these entrances be eliminated. Therefore, the applicant has a Plan leaving the entrances on 67'h Street. The staff and Civic League have reviewed this Plan and are in total agreement. Attorney Bourdon requested Condition 5 be eliminated. Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED Resolution authorizing application of ASSOCIATION FOR RESEARCH and ENLIGHTENMENT, INC (A.R.E.),for an exvansion of a Nonconforminz Use at 215 67th Street: RESOLUTION AUTHORIZING APPLICATION OF ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT, INC (A.R.E.), FOR AN EXPANSION OF A NONCONFORMING USE: Application of ASSOCIATION FOR RESEARCH ENLIGHTENMENT, INC (A.R.E.), for an expansion Nonconforminz Use at 215 67'h Street DISTRICT 5 - LYNNHA VEN and of a Condition No.5 re proposed parking lot entrance was deleted by City Council. The following conditions shall be required: 1. The site improvements, building addition and landscaping shall be developed substantially in accordance with the submitted plans entitled "COMBINED PARKING EDGAR CAYCE A.R.E. ", dated February 24, 2009, and prepared by WPL Civil Engineers, Land Surveyors, and Landscape Architects. The plans are labeled Plan 1 and Plan 2 in the report. Said Plans have been exhibited to the City Council and are on file in the Planning Department. 2. The proposed building addition and renovations to the existing Wynne Building shall be constructed substantially in accordance with the submitted photograph simulation entitled "NEW EDUCATION CENTER, ADDITION TO EXISTING WYNNE BUILDNG", prepared by Folck-West Architects. Said photograph simulation has been exhibited to the City Council and is onfile in the Planning Department. 3. The applicant shall submit to the Planning Department / Development Services Center a photometric plan as part of the detailed site plan review. 4. The coffee shop shall not be available to the general public. 5. The applicant sh&-l. delete the praposcd pGH'.hng Jet entrance ewsest to the intel'section of 67th Street Gmd the Atlantic A'/enue J~eder roed. March 10, 2009 I I, - 43 - Item V-X.3. PLANNING ITEM # 58611 (Continued) Voting: 8-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer Mayor Sessoms ABSTAINED on Item K.3. (ASSOCIATION FOR RESEARCH AND ENGLIGHTMENT, INC.), as the Association is a customer of TowneBank. Mayor Sessoms is President of TowneBank. March 10,2009 I i Ii II' , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 215 67TH STREET WHEREAS, the Association for Research and Enlightenment (hereinafter the "Applicant") has made application to the City Council for authorization to enlarge a nonconforming use by making additions to and alterations on their non-profit institution on a lot or parcel of land having the address of 215 6ih Street, in the R-5R Residential Zoning District; WHEREAS, the said use is nonconforming, as the parcel contains a non-profit institution constructed and operated prior to the adoption of zoning regulations prohibiting such use in the R-5R Residential Zoning District; and WHEREAS, pursuant to Section 105 of the city Zoning Ordinance, the enlargement of a nonconforming use is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed use, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed use, as enlarged, will be equally appropriate to the district as is the existing use. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the enlargement of the nonconforming use is hereby authorized, upon the following conditions: 1. The site improvements, building addition, and landscaping shall be developed substantially in accordance with the submitted plans entitled "COMBINED PARKING EDGAR CAYCE A.R.E.", dated February 24,2009, and prepared by WPL Civil Engineers, Land Surveyors, and Landscape Architects. The plans are labeled plan 1 and plan 2 in the report. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 2. The proposed building addition and renovations to the existing Wynne Building shall be constructed substantially in accordance with the submitted photograph simulation entitled "NEW EDUCATION CENTER, ADDITION TO EXISTING WYNNE BUILDNG", prepared by folck-west architects. Said II II 46 photograph simulation has been exhibited to the City of Virginia Beach City 47 Council and is on file in the Planning Department. 48 49 3. The applicant shall submit to the Planning Department / Development 50 Services Center a photometric plan as part of the detailed site plan review. 51 52 4. The coffee shop shall not be available to the general public. 53 54 5. The applicant shall delete the proposed parking lot entrance closest to the 55 intersection of 67th Street and the Atlantic Avenue feeder road. 56 57 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day 58 of March , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICI NCY: Planning ~I CA11061 R-1 February 26, 2009 City Council DELETED Condition No.5 on March 10, 2009 II I' - 44- Item V-K.4. PLANNING ITEM # 58612 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council MODIFIED PROFFER NO. 8 and ADOPTED Ordinance re applications of DA VID WILLIAM KOEHLER- PFOTENHAUER at 2180 McComas Way: ORDINANCE UPON APPLICATION OF DA VID WILLIAM KOEHLER- PFOTENHAUER RE MODIFICATION OF PROFFER #8 ATTACHED TO A CHANGE OF ZONING APPROVED BY CITY COUNCIL ON OCTOBER 26, 1993, REASKATEPARK Ordinance upon application of DA VID WILLIAM KOEHLER- PFOTENHAUER re Modification of Proffer #8 attached to a Change of Zoning approved by City Council on October 26, 1993, re a skate park The following condition shall be required: 1. An agreement encompassing AMENDED Proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. AND, ORDINANCE UPON APPLICATION OF DA VID WILLIAM KOEHLER- PFOTENHAUER RE CONDITIONAL USE PERMIT, INDOOR RECREATIONAL FACILITY, 2180 MCCOMAS WAY. R030935321 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of DA VID WILLIAM KOEHLER- PFOTENHAUER re Conditional Use Permit, indoor recreational facility, 2180 McComas Way (GPIN: 2404977494) DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. There shall be a sign posted on-site prohibiting loitering. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of March Two Thousand Nine March 10, 2009 II I, - 45 - Item V-K.4. PLANNING ITEM # 58613 (Continued) Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10,2009 III CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7336 TO: DATE: February 25, 2009 ~..{D. Sti'e~ DEPT: City Attorney DEPT: City Attorney 8. Kay Wilson FROM: RE: Conditional Zoning Application; Kroll Enterprises, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 10, 2009. I have reviewed the subject proffer agreement, dated January 28, 2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/bm Enclosure i i Ii I I, KROLL ENTERPRISES, INC. TO (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS MODIFIED PROFFER AGREEMENT, made this 28th day of January, 2009, by and between KROLL ENTERPRISES. INC. , Grantor, and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee; WITNESSETH THAT: WHEREAS, Grantor's predecessor in title and Grantee are parties to previous Proffer Agreements recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2823, at page 679 and Deed Book 3297 at page 65 in connection with and as a condition of the rezoning of Grantor's property described on Exhibit A attached hereto from 0-2 Office District to conditional B-2 Business District; and WHEREAS, Grantor has initiated an application to modify the terms and conditions of the Proffer Agreements described in the previous paragraph; and WHEREAS, Grantor and Grantee acknowledge and agree that the terms of this Modified Proffer Agreement shall amend the terms and conditions of the Proffer Agreement in Deed Book 3297 at Page 0069, under Section No.8 and shall not supercede any other sections; and Prepared by: Kevin M. Brunick, Esquire Stallings & Bischoff, P.c. 2101 Parks Avenue, Suite 801 Virginia Beach, VA 23451 (757) 422-4700 GPIN# 2404-97-7494-0000 II I' WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including industrial purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that in order to recognize the effects of change, and the need for various types of uses, including a specific conditional purpose for the development of the property with strictly limited uses rather than the existing uses allowed by the existing B-2 zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land in the B-2 zoning classification are needed to cope with the situation to which the Grantor's proposed development gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the conditional amendment to the Zoning Map, in addition to the regulation provided for in the B-2 Zoning District or zone by the existing overall City Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the property to be adopted as a part of said amendment to the new Zoning Map relative to the property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning and proposed development; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the modification to the conditional amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; I i II I I, provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing, as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of Code of Virginia Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; NOW, THEREFORE, the Grantor, for himself, his successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the subject property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants running with the said property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, their successors, personal representatives, assigns, grantees, and other successors in interest or title, namely: The following, which is a modification to only Section No.8 in the Proffer II I, recorded in Deed Book 3297 at Page 0069, shall be substantially adhered to, however, further conditions may be required by the Grantee during detailed site plan review and administration of applicable City codes by all cognizant City agencies and departments, including the City Arborist, to meeting all applicable city Code requirements: 1. The only B-2 Business District use available to this site shall be for an indoor skate park. All the uses for the property shall be limited to those uses allowed in 0-2 Office District Zoning, which are also uses permitted in the B-2 District. No other changes are made to either previous Proffers recorded in Deed Book 2823 at Page 679 or Deed Book 3297 at Page 65. All other provisions in previous Deed Books are to remain in full force and effect and this Proffer is only to amend Section No.8 in Deed Book 3297 at Page 69. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of City Council action approving the amendment sought by the Grantor, which is by this reference incorporated herein. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body ofthe City of Virginia Beach, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing oflegal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions I I, shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and Grantee. Witness the following signatures and seals. COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, the undersigned Notary Public in and for the Commonwealth of Virginia at Large, do hereby certify that Jeffrey A. Kroll, President of Kroll Enterprises, Inc., a Virginia corporation, whose name is signed to the foregoing instrument, bearing date on the 2B:. day of-.:r ArJ ,2009, has acknowledged the same before me in the jurisdiction aforesaid and who is personally known to me. Given under my hand this 2g-- day of ~ r--.. By: Jeffrey A. .,. oc, .20 I. My commission expires: 13'(5\ \01 , ..... STEVEN J. MARINO Notary Public Commonwealth of Virginia 195637 My Commission Expires Aug 31. 2009 LEGAL DESCRIPTION OF 2180 McComas Way ALL THOSE certain condominium units know and numbered as Unit 1 and Convertible Space Are of Convertible Space, in that certain condominium entitled Strawbridge Condominium, located in the City of Virginia Beach, Virginia , together with a proportionate interest in the common elements appertaining to said unit, all as more particularly described, designated and shown in the certain Condominium Declaration entitled" Declaration of Condominium of Strawbridge Commons Condominium" dated May 21, 2007, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 20070605000752890, hereinafter referred to as the "Declaration", to which Condominium Declaration and exhibits thereto reference is hereby made for a more particular description of said units. IT BEING the same property conveyed to Kroll Enterprises, INC., a Virginia Corporation by deed from Strawbridge Family Skating Center, LLC, a Virginia Limited Liability Corporation, dated January 31, 2005, and recorded February 7,2005 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 200502070020177 - 46- Item V-K.S. PLANNING ITEM # 58614 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED an Ordinance upon application of OLIVIA DANIELS for a Conditional Use Permit re a home occupation (private school/daycare) at 3108 Macdonald Road: ORDINANCE UPON APPLICATION OF OLIVIA DANIELS, CONDITIONAL USE PERMIT. HOME OCCUPATION (PRIVATE SCHOOLlDAYCARE), 3108 MACDONALD ROAD. R030935322 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Olivia Daniels, for a Conditional Use Permit. home occupation (private schoolldaycare), 3108 Macdonald Road (GPIN: 1446956407) DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. A Certificate of Occupancy shall be obtained from the Building Official's Office prior to occupancy of the structure by any children participating in the daycare or school. 2. Verification of an existing connection to the sanitary sewer system from the City of Chesapeake shall be provided prior to issuance of the Certificate of Occupancy. 3. The combination of participants of the daycare and private school shall be limited to no more than twelve (12) children other than children living in the home. There shall be no more than five (5) children under the age of 2% in the home at one time as required by the Department of Social Services. 4. The applicant shall obtain, within six (6) months of the approval of this request for a daycare and private school, the applicable licensers) with the Commonwealth of Virginia and shall maintain said licensers) in good standing. Failure to maintain applicable licensers) shall result in revocation of this Conditional Use Permit. 5. The existing fence along Mineola Lane shall be brought into compliance with the Comprehensive Zoning Ordinance (CZO) and be maintained in good condition at all times to ensure a scife outdoor play area meeting the requirements of the Department of Social Services This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of March Two Thousand Nine March 10,2009 - 47- Item V-K. 5. PLANNING ITEM # 58614 (Continued) Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10, 2009 - 48 - Item V-K.6. PLANNING ITEM # 58615 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED an Ordinance upon application of ALEXIS HOLDINGS L.L.G.for a Conditional Use Permit re motor vehicle sales, rental and service at 3962 Bonney Road. ORDINANCE UPON APPLICATION OF ALEXIS HOLDINGS L.L.c., CONDITIONAL USE PERMIT. MOTOR VEHICLE SALES, RENTAL AND SERVICE, 3962 BONNEY ROAD. R030935323 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ALEXIS HOLDINGS L.L.C for a Conditional Use Permit, motor vehicle sales, rental and service, 3962 Bonney Road (GPIN: 1487133867) DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. Recognizing that improvements to Bonney Road will ultimately impact the parking lot configuration in the front of the building along this right-ol-way, when the property is redeveloped, the improvements shall be in substantial conformance with the plan entitled "Preliminary Site Plan of 3962 Bonney Road, Charles Barker Lexus Dealer" prepared by John E. Sirine & Associates, Ltd. dated August 22, 2008, which has been exhibited to the City Council and is on file in the Department of Planning 2. Ingress and egress shall be upgraded and/or installed to meet the following unless otherwise approved by the Department of Public Works (follOWing shall be depicted on the final site plan): a. The entrance apron on Bonney Road shall be upgraded to meet the City's current Public Works Specifications and Standards. b. Since the entrance on South Kentucky Avenue is not wide enoughfor two-way trqffic, said entrance must either be widened to thirty (30) feet with an updated entrance apron or treated as a one-way entrance with appropriate signage and pavement markings. 3. When the building is renovated, the exterior building improvements shall be in substantial conformance with the elevation entitled "Concept Elevations of Charles Barker Lexus, 3962 Bonney Road" prepared by Porterfield Design Center, which has been exhibited to the City Council and is on file in the Department of Planning. 4. The existingfree-standing sign shall be removed. Any new sign shall be a monument sign, which shall be in substantial conformance with the sign elevation shown on the plan entitled "Concept Elevations of Charles Barker Lexus, 3962 Bonney Road" prepared by Porterfield Design Center, which has been exhibited to the City Council and is onfile in the Department of Planning. No moveable copy shall be permitted on the sign. 5. There shall be no outside storage or display of tires, parts, equipment or merchandise. March 10, 2009 I I, - 49- Item V-K.6. PLANNING ITEM # 58615 (Continued) 6. There shall be no repair work, detailing or car washing performed outside the building. 7. No outside storage of vehicles in a state of obvious disrepair shall be permitted. Ijvehicles in this condition require storage, then such vehicles shall be stored within the building. 8. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded andfocused away from adjoining property. 9. No vehicles shall be displayed on raised platforms, earthen berms or any other structure intended to display a vehicle higher than the elevation of the main parking lot. 10. A fence shall be installed along the northern property line and shall be an all weather fence, minimum height of six (6) feet, and shall match, to the applicant's best ability, the existing fence on the applicant's property immediately adjacent to the East. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of March Two Thousand Nine Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10, 2009 III - 50 - Item V-K.7. PLANNING ITEM # 58615 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED an Ordinance upon application of PONTIAC ARMS APARTMENTS, INC.,for a Conditional Use Permit. re a commercial parking lot, 402 2r Street. ORDINANCE UPON APPLICATION OF PONTIAC ARMS APARTMENTS, INC., FOR A CONDITIONAL USE PERMIT, PARKING LOT, 402 21sT STREET R030935324 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of PONTIAC ARMS APARTMENTS, INC., for a Conditional Use Permit. parking lot, 402 2rt Street. (GPIN: 2427086210) DISTRICT 6 - BEACH The following conditions shall be required: 1. When the property is developed, the improvements shall be in substantial conformance with the plan entitled, "Conceptual Site Plan 21''' Street Parking Lot Pontiac Arms Apartments, Inc. Virginia Beach, Virginia" prepared by WP L Landscape Architects Land Surveyors Civil Engineers dated October 28, 2008, which has been exhibited to the City Council and is on file in the Department of Planning. 2. If fence is installed, a non-opaque fence no taller than four (4) feet high and constructed of maintenance-free materials shall be provided around the perimeter of the parking lot with the exception of the gated ingress-egress. Landscaping shall be included outside of the fence as required in the City's Parking Lot Landscaping Specifications and Standards. Saidfence and gate shall not be chain-link or wood split-rail. Detail of the fence shall be submitted with the final site plan for approval. 3. The attendant kiosk shall be similar in design to the photograph of the 4'-0" x 6'-0" aluminum and glass Ramsey building provided within the staff report. The attendant kiosk shall be located no closer than eight (8) feet from the Arctic Avenue property line and fifteen (15) feet from the 20-Y:z Street property line. 4. The gate shall be similar in design to the photograph provided within the staff report. The gate shall consist of materials that are generally recognized as maintenance-free. A detail of the gate shall be submitted with the final site plan for approval. 5. The parking lot shall be developed and operated in accordance with the provisions of Section 23-58 of the City Code, which regulates Commercial Parking Lots. Moreover, the hours of operation for the parking lot shall be identical to the hours of the City's parking lots, as established by City Council, for publicly owned parking lots within the Resort Area. 6. The vehicular access point for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. March 10, 2009 , I - 51 - Item V-K.7. PLANNING ITEM # 58615 (Continued) 7. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from acijoining property. Photometric plan to be submitted during site plan review. 8. Trash receptacles shall be installed and maintained at the locations determined during site plan review. 9. One (1) sign shall be permitted to identify the parking lot. Said sign shall comply with all requirements for commercial parking lot signs as outlined in Section 23.58 of the City Code. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of March Two Thousand Nine Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10, 2009 'I - 52 - Item V-K.8. PLANNING ITEM # 58616 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED an Ordinance upon Application of WOWII, L.L.C. for a Conditional Use Permit re public or private college or university and a beauty salon-spa at 1701 and 1707 Will 0' Wisp Drive: ORDINANCE UPON APPLICATION OF WOWIL L.L.c., CONDITIONAL USE PERMIT, PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY AND HAIR CARE CENTER (SPA), 1701 & 1707 WILL 0' WISP DRIVE R030935325 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of WOWIL L.L.c., Conditional Use Permit, public or private college or university and hair care center (spa), 1701 and 1707 Will 0' Wisp Drive (GPIN: 2408639112;2408626959) DISTRICT 5 - LYNNHA VEN The following conditions shall be required: 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning / Permits and Inspections Division and the Virginia Department of Health This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of March Two Thousand Nine Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10, 2009 III - 53 - Item V-K.9. PLANNING ITEM # 58617 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED an Ordinance upon application ofTHUMMELASSOCIATES, L.e.for a Conditional Use Permit re motor vehicle sales, service and bulk storage at 1752 Virginia Beach Boulevard: ORDINANCE UPON APPLICATION OF THUMMEL ASSOCIATES, I.e., CONDITIONAL USE PERMIT. MOTOR VEHICLE SALES, SERVICE AND BULK STORAGE, 1752 VIRGINIA BEACH BOULEVARD R030935326 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of THUMMEL ASSOCIATES, I.e., Conditional Use Permit, motor vehicle sales, service and bulk storage, 1752 Virginia Beach Boulevard (GPIN: 2407762017) DISTRICT 5 - BEACH The following conditions shall be required: 1. When the property is developed, the improvements shall be in substantial conformance with the plan entitled "PRELIMINARY SITE PLAN V.B. MOTOR SPORTS" prepared by Gallup Surveyors and Engineers, LTD. dated August 13, 2008, which has been exhibited to the City Council and is on file in the Department of Planning. 2. When the building is renovated, the exterior building improvements shall be in substantial conformance with the elevations entitled "1752 VIRGINIA BEACH BLVD ELEVATION VIRGINIA BEACH MOTOR SPORTS" and "PARKING LOT ELEVATION VIRGINIA BEACH MOTOR SPORTS", dated July 28, 2008, prepared by Covington Hendrix Anderson Architects, which has been exhibited to the City Council and is on file in the Department of Planning. 3. When the property is developed, the landscaping shall be in substantial conformance with the plan entitled "LANDSCAPE PLAN V.B. MOTOR SPORTS" prepared by Gallup Surveyors and Engineers, LTD. dated October 28, 2008, which has been exhibited to the City Council and is on file in the Department of Planning. Category VI screening is required around the bulk storage. Stone shall not be used in lieu of mulch for the landscaping or sign areas. 4. Ingress and egress shall be upgraded and/or installed to address the following unless otherwise approved by the Department of Public Works (following shall be depicted on the final site plan): a. The entrance to 1748 Virginia Beach Boulevard and the proposed site overlap. This entrance will be blocked by proposed on-site parking. The applicant shall install curb and gutter, landscaping and sidewalk up to the adjacent property (1748 Virginia Beach Boulevard). Reestablishment of the entrance radius at the property line is required March 10, 2009 I Ii - 54 - Item V-K9. PLANNING ITEM # 58617 (Continued) 5. Vehicles for sale shall be limited to twelve (12) defined parking spaces to be determined and located within the area designated for display within the paved parking lot. No vehicles shall be displayed on raised platforms, earthen berms or any other structure designed to display a vehicle higher than the elevation of the main parking lot. 6. All repairs will be prepared inside the building. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 7. There shall be no storage of tires, merchandise or debris of any kind outside of the building. 8. The hours of operation will be Monday through Saturday 7:00 A.M to 8:00 P.M 9. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from adjoining property. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of March Two Thousand Nine Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10, 2009 !: II II Ii - 55 - Item V-K.10. PLANNING ITEM # 58618 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED Ordinances upon application of 250 CENTERVILLE, L.L.c. at 2120 Centerville Turnpike, re a Conditional Change of Zoning and Conditional Use Permit (fuel sales with a convenience store): ORDINANCE UPON APPLICATION OF 1250 CENTERVILLE, L.L.C., AT 2120 CENTERVILLE TURNPIKE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 COMMUNITY BUSINESS DISTRICT TO CONDITIONAL A-24 Z03091221 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinances upon application of 1250 CENTERVILLE, L.L.C., at 2120 Centerville Turnpike for a Chanze of Zoning District Classification from B-2 Community Business District to Conditional A-24 Apartment District, (GPIN: 14640816830000) DISTRICT 1 - CENTERVILLE The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. AND, ORDINANCE UPON APPLICATION OF 1250 CENTERVILLE, L.L.c., AT 2120 CENTERVILLE TURNPIKE FOR A CONDITONAL USE PERMIT RE FUEL SALES WITH A CONVENIENCE STORE R030935327 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinances upon application of 1250 CENTERVILLE, L.L.c., at 2120 Centerville Turnpike for a Conditional Use Permit re fuel sales with a Convenience Store (GPIN: 14640816830000) DISTRICT 1- CENTERVILLE The following conditions shall be required: 1. The site shall be substantially developed as depicted on the submitted "Preliminary Layout of the Woods at L ynnhaven " prepared by SAI Site Improvements and dated July 24, 2008. Said plan has been exhibited to the City Council and is onfile in the Planning Department. Acijustments to vehicular site entrances and turn lanes may be made in conjunction with Public Works / Traffic Engineering comments. 2. The proposed retail store (convenience store) and gasoline pumps canopy shall be constructed substantially in accordance with the submitted elevations entitled "The Woods at Centerville, Site Improvements, Inc. and Martin and Martin Architecture, Inc. " except there shall be no chimney element on the convenience store. Said plans have been exhibited to the City Council and are onfile in the Planning Department. March 10,2009 Ii 'I I - 56 - Item V-K.lO. PLANNING ITEM # 58618 (Continued) 3. The dumpster areas shall be enclosed with a solid brick and or block wall to match the building and landscaping in accordance with Section 245(e) of the Comprehensive Zoning Ordinance (CZO). 4. Category IV landscaping shall be provided along the property line between the commercial portion of the site and the condominium portion of the site. 5. A Photometric Lighting Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole-mounted and building-mounted lighting fixtures and the listing of lamp type, wattage and type offixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lightingfor non-business hours. 6. Lighting on the canopy shall be recessed and shall not spill over to other properties. Lightingfor the canopy shall be included on the required photometric plan and shall include provisions for low-levellightingfor non-business hours. Striping on the canopy shall be limited to ten 1 (0 ) feet on each side of the canopy or one-quarter (1/4) of the length of each side. Sign age on the canopy shall not be internally or externally illuminated. 7. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights-ofway in accordance with Section 246(d) of the Comprehensive Zoning Ordinance (CZO). Additionally, pedestrian walkways shall be provided from the convenience store to the condominium development to be constructed to the East of the site. The walkways shall be of a different material than that of the parking lot and drive aisle areas. 8. No outdoor vending machines and / or display of merchandise shall be allowed. 9. Video cameras and signage indicating that there is site surveillance by camera shall be installed on the site. These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of March Two Thousand Nine March 10, 2009 i Ii III I, - 57 - Item V-K.I0. PLANNING ITEM # 58618 (Continued) Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10, 2009 i I Ii I II CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7106 FROM: M~le;v DATE: February 25, 2009 DEPT: City Attorney B. Kay Wilso DEPT: City Attorney TO: RE: Conditional Zoning Application; 2150 Centerville, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 10, 2009. I have reviewed the subject proffer agreement, dated October 3, 2008 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/bm Enclosure I I, PROFFER AGREEMENT J rO\ 0v. tL ~ ., THIS PROFFER AGREEMENT ("Agreement") made this3 - day of~, 2008, by and between 2150 CENTERVILLE, L.L.C. (formerly known as 1250 CENTERVILLE, L.L.C.), A Virginia limited liability company, ("Centerville"), LILLEL FARMS, INC. ("Lillel"), a Virginia stock corporation (collectively "GRANTOR"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, ("GRANTEE,") provides and states as follows: WIT N E SSE T H: WHEREAS, Lillel owns, and Centerville is the contractor purchaser of, that certain parcel of land (the "Property"), containing approximately sixteen and twelve-hundreths (16.12) acres, located at the northeast corner of the intersection of Centerville Turnpike and Lynnhaven Parkway, in the City of Virginia Beach, Virginia, as depicted in that plan entitled, "Rezoning and Conditional Use Permit (CUP) Exhibit for The Woods at Lynnhaven, Virginia Beach, Virginia", prepared by Site Improvement Associates, Inc. and dated July 24, 2008 ("Plan"); and WHEREAS, Grantor requests a change of zoning for a portion of the Property (legal description attached as Exhibit A) from B-2 - Community Business District to Conditional A-24 - Apartment District, for the purpose of developing the property into an area of residential townhouse style condominium parcels, with approximately one hundred (100) residential townhouse style condominium units on the rezoned portion, all as depicted on the Plan. PREPARED BY: PENDER & COWARD, P.C. 222 CENTRAL PARK A VENUE, SUITE 400 VIRGINIA BEACH, VA 23462 GPINS: 1464-08-1683-0000 1 i i ill ill I, NOW, THEREFORE, the GRANTOR, their successors, assigns, GRANTEE and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that this Declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, their successors, assigns, GRANTEE and other successors in interest or title: 1. The Plan, entitled, "Rezoning and Conditional Use Permit (CUP) Exhibit for The Woods at Lynnhaven, Virginia Beach, Virginia", prepared by Site Improvement Associates, Inc., and dated July 24, 2008, is incorporated herein by reference and forms a part of this Agreement. The Plan was exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. The residential portion of the Property shall be developed in general conformance with the Plan. Modifications to the Plan are permitted as approved by the Planning Director; 2. The Plan, entitled, "Rezoning and Conditional Use Permit (CUP) Exhibit for The Woods at Lynnhaven, Virginia Beach, Virginia", prepared by Site Improvement Associates, Inc., and dated July 24, 2008, is incorporated herein by reference and forms a part of this Agreement. The Plan was exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. The landscaping shown on the plan for the residential portion of the Property shall be developed in general conformance with the Plan. Modifications to the Plan are permitted as approved by the Planning Director; 2 I t II II I, 3. An exhibit entitled, "The Woods at Centerville", prepared by Martin and Martin Architecture, Inc., is proffered as part of this Agreement. The document was exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. The buildings on the residential portion of the Property shall be developed in general conformance with the exhibit, in arrangement, material shown, and material specified on the exhibit. Modifications to the buildings are permitted as approved by the Planning Director; 4. The Property to be rezoned to Conditional A-24 - Apartment District shall be developed into no more than 100 units, 5. The Grantor will mount security cameras within the developed commercial portion of the Property at locations to be coordinated with Planning Department staff members. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceeding; or failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 3 Ii Ii I II WITNESS the following signatures and seals. GRANTOR: 2150 Centerville, L.L.c. A Virginia Limited Liability Company By: LILLEL FARMS, INC. Its: Authorized Member BY~ a1Vl\ C.Dl&1 . GIlL; rbJ Rose Ann Coker, President LILLEL FARMS, INC. A Virginia Stock Corporation BY:~~ C~ IQ)~ &M1 Rose Ann Coker, President COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH I, ~\\S"I\ T \\~t'\~ , a Notary Public in and for the City and State aforesaid, do hereby certify that Rose Ann Coker, as President of Lillel Farms, Inc., on behalf of itself and as Authorized Member of 2150 Centerville, L.L.C., whose name is signed to the foregoing Instrument, has acknowledged the same before me in my City and State aforesaid this ~ day of ~-)trR ,2008. She is personally known to me or has produced identification. My Registration Number is: \2C15\O~ ~LL/n2 $' :ktmVll Notary Public ............ .....~Jll. T. f:' I. '.... .... ~ ........~.A _ ...._ ~ to.;: ..... v p .. ''''-~r.. ~ ~~.. t-" 1 (I~.. .. ~ &j ..'0" ~...:: ... \ : .~ MY 0. · : : , : . : COMMISSION : ~ : : (') ~ NUMBER : --- : \ ~... 7205708 l$1 " ~.... ...~ ~ .... c~........~ ~ ,." ... t..I V' ,." ~'" All n .ee. .,........... My commission expires: \.'Q. '()\'c:!JL ?O \ ?()\? My Commission Expires November 30, 20'2 4 I { :11 III I' , . EXHIBIT A Legal Description Beginning at an iron pin found along the easterly right-of-way line of Centerville Turnpike in the City of Virginia Beach, Virginia, said point being located approximately 682.17 feet north of the intersection of the northerly right of way line of Lynnhaven Parkway and the easterly right-of- way line of Centerville Turnpike, said point being a common comer with Lot 61 of Section 4 of the Charlestowne Lakes subdivision, said subdivision plat being recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia in Map Book 122 at Page 12; thence, along the southerly and common boundary line of Lots 61,60, and a portion of Lot 59, Section 4 of the Charlestowne Lakes subdivision N 71050' 01" E for a distance of 287.46 feet to the POINT OF BEGINNING OF THE property to be described. From said POINT OF BEGINNING, along the southerly and common boundary lines of the remaining portion of Lot 59, Lot 50, Lot 49, Lot 47, Lot 46, Lot 45, Lot 44, and a portion of Lot 43, Section 4, Charlestown Lakes subdivision, N 710 50' 01" E for a distance of 663 .25 feet to an iron pin found and common corner with the parcel, now or formerly, owned by Magnolia Run Apartments, L.L.C. by deed recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia in Deed Book 4372 at Page 1221; thence, along the westerly and common line with Magnolia Run Apartments, L.L.C., S 18009' 57" E for a distance of736.98 feet to an iron pin found along the northerly right-of-way line of Lynnhaven Parkway; thence, along the northerly right-of-way line of Lynnhaven Parkway S 71 048' 52" W, 2.84 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, N 180 11' 07" W, 4.92 feet to a point; thence, continuing along the northerly right-of- way line of Lynnhaven Parkway, S 71048' 53" W, 4.92 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, S 180 11' 07" E, 4.92 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, S 71048' 53" W, 225.06 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, N 180 11' 07" W, 4.92 feet to a point; thence, continuing along the northerly right-of- way line of L ynnhaven Parkway, S 71 0 48' 53" W, 4.92 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, S 180 11' 07" E, 4.92 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, S 74049' 40" W, 224.72 feet to a point; thence, continuing along the northerly right-of-way line of Lynn haven Parkway, N 180 11' 07" W, 4.92 feet to a point; thence, continuing along the northerly right-of- way line of Lynnhaven Parkway, S 750 37' 44" W, 4.93 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, S 180 11' 07" E, 4.92 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, S 750 14' 12" W, 159.40 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, N 180 11' 07" W, 4.92 feet to a point; thence, continuing along the northerly right-of- way line of Lynnhaven Parkway, S 750 23' 28" W, 5.26 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, S 180 11' 07" E, 4.92 feet to a point; thence, continuing along the northerly right-of-way line ofLynnhaven Parkway, S 71048' 53" W, 31.80 feet to a point; thence, along a zoning separation and differentiation line as well as proposed property line, N 18009' 59" W, 714.48 feet to the point of beginning of the property described herein, containing approximately 483,871 square feet or 11.11 acres situated in the City of Virginia Beach, Virginia. 5 II I, - 58 - Item V-Kll.a. PLANNING ITEM # 58619 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council DEFERRED INDEFINITELY: Ordinance of the CITY OF VIRGINIA BEACH re the City Zoning Ordinance (CZO): DELETE Section 201(b) re setbacks from the ultimate right-ofway as shown on the Master Transportation Plan Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10, 2009 II I, - 59 - Item V-Kllb. PLANNING ITEM # 58620 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED: Ordinance of the CITY OF VIRGINIA BEACH re the City Zoning Ordinance (CZO): AMEND Sections 211 and 230 re signagefor religious uses Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10, 2009 I i I: 'I I, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE TO AMEND CITY ZONING ORDINANCE SECTIONS 211 AND 230, PERTAINING TO SIGNAGE FOR RELIGIOUS USES Sections Amended: City Zoning Ordinance Sections 211 and 230 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 211 and 230 of the City Zoning Ordinance, pertaining to signage for religious uses, is hereby amended to read as follows: ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL DISTRICTS Part B. SIGN REGULATIONS Sec. 211. Signs permitted in all districts. The following types of signs are exempted from all of the provisions of this ordinance, except for illumination, construction, and safety regulations and the following standards: (i) Religious use signs. One sign per entrance not to exceed twenty four (2-1) square feet per bce. No such sign sh311 have morc than t\\'o (2) faces. Part C. CONDITIONAL USES AND STRUCTURES Sec. 230. Religious uses. In addition to general requirements, the following special requirements and limitations shall apply to religious uses in districts in which they are generally permitted: II Ii I I, 47 48 49 50 51 52 53 54 55 56 57 58 59 (a) Minimum lot area. The minimum lot area shall be three (3) acres. (b) Off-street parking. At least one space per five (5) seats or bench seating spaces in the main auditorium. Provided, however, that the requirement for any church located in a shopping center shall be as specified in the conditional use permit allowing such church. (c) SiQns shall be permitted in accordance with the reQulations of the district in which the use is located; provided. however. that in residential districts. reliQious uses shall be allowed one (1) siQn per entrance not to exceed twenty-four (24) square feet per face or such other siQnaQe as may be specified in the conditional use permit. No such siQn shall have more than two (2) faces. Adopted by the City Council of the City of Virginia Beach on the 10th day of March, 2009. 2 II I: I I, - 60- Item V-L.1. APPOINTMENTS ITEM # 58621 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Councilman James L. "Jim" Wood DEFERRED COMPENSATION BOARD - no term Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10, 2009 III I, - 61 - Item V-L.2. APPOINTMENTS ITEM # 58622 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: William A. "Bill" Hearst 3 year term April 1, 2009 - March 31, 2012 HUMAN RIGHTS COMMISSION Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Robert M Dyer March 10, 2009 II I - 62- Item V. O. ADJOURNMENT ITEM # 58623 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:15 P.M. Q;,!.:~_fl_L0_<!~ Beverly 0. Hooks, CMC Chief Deputy City Clerk ~f:et/ City Clerk William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia The Public Comment re Non Agenda Item adjourned at 7:37 P.M. March 10, 2009 I i II 1,li - 62- Item V. O. ADJOURNMENT ITEM # 58623 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:15 P.M. a~_d_:.~~!_~ Beverly (} Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia The Public Comment re Non Agenda Item adjourned at 7:37 P.M. March 10, 2009 I i II II I - 63 - PUBLIC COMMENT Lake James Homes Association Larry E. Stampe, 1269 Belvoir Lane, Phone: 420-3145, represented the Lake James Homes Association, which comprises 274 families. The Lake is a Best Management Practice (BMP) for the City and is utilized for flood management. Surrounding areas also utilize Lake James as a BMP. In the late 1990 's, the neighborhood observed pollution coming into Lake James. A study was completed to identify what was causing the problem. It was an increase of nutrients. The primary culprit was a canal that led into the lake upstream from the Gomez Pit and other communities. The City built a bypass canal which diverted some of the water into the Elizabeth River. At the present time, this canal is not functioning well and the residents are experiencing more pollution in Lake James. A lot of impervious land drains into the Lake. The experts from Old Dominion University have been employed by the Lake James Homes Association to help identify some of the problems; however, all their efforts are not coming to fruition. The Association's goal is to reduce and eliminate the amount of nutrients coming into the lake and bring it back to a level where swimming and fishing can be enjoyed. William Carson Cash, 1129 Belvoir Lane, Phone: 424-2692, 16-years old and lifelong resident. Mr. Cash's statement is hereby made a part of the record. Lake James is a unique community to enjoy swimming and sailing as well as fishing and bird watching. For the past three (3) years, Carson has been the Groundskeeper for the Homeowners' Association and responsible for emptying trash as well as collecting litter from the lake. During the course of his duties he has witnessed a transformation of the lake as it has aged, but nothing like this Late Spring 2008. Some unidentified bacteria invaded the lake resulting in an algae bloom that began to wreck havoc on the lake's ecosystem. Fish become noticeably fewer. He now found himself cleaning up good-sized dead fish, as well as countless birds and turtles. Mr. Cash requested City Council assist the community to solve the issues facing the lake, so that it will survive and thrive. Nancy S. Griffith, 1000 Belvoir Lane, Phone: 366-6426, 10-year resident, presented her statement, which is hereby made a part of the record. In the Spring of 1999, she was amazed at the clearness of the water. When her daughter returned from the Peace Corps, she also enjoyed swimming laps out near the middle of the lake. Approximately two (2) years ago, she complained of her eyes stinging while swimming the lake. Algae Blooms appeared. Tests have indicated a tremendous increase in phosphorous and nitrogen in the lake. Neighboring lakes, including Lake Christopher, have not experienced this phenomenon. The Association believes the fault to be the canal constructed by the City of Virginia Beach. The water comes in from a local dump. Peggy Preble-Sansone, 1305 Lake James Drive, Phone 424-3464, nine-year resident of Lake James, distributed a sample of the Lake James water. When they first moved to Lake James, the water at the end of their pier was crystal clear. Over the past two (2) years the waters of Lake James have become increasingly cloudy. Ms. Sansone distributed a packet and a photograph depicting the algae maps. The stench is unbearable. In September, a preliminary water analysis identified these algae maps as being Cyanobacteria or "blue green algae". This is highly toxic in the bloom state. There are numerous cases of animal poisonings from these algae. On October 8, 2008, her dog ate something on the deck. The Animal Poison Control Hotline advised this was a dire emergency, she was advised to rush the dog to the Vet Clinic immediately. A protocol was instituted working with the Animal Poison Control. Her liver panel was observed to be toxic. Happily, the dog survived. This Hotline maintains records of all animal poisoning cases across the United States. March 10, 2009 II - 64- Lake James Homes Association (Continued) J Eric Morgenson, 1241 Belvoir Lane, Phone: 424-8858, presented his statement, which is hereby made a part of the record. The residents of Lake James have worked hard to preserve and maintain the neighborhood's tranquil beauty and its centerpiece, the lake. The lake 'sfragile grandeur is being threatened by outside forces. In January, the Lake James Homeowners Association voted to increase association dues specifically to treat the lake. As there are areas outside the Association's control or jurisdiction, which influence the quality of the lake, the Community is in need of the City Council's assistance to help turn things around. Based upon the Real Estate Assessor's report, the Lake James Homes Association's two hundred seventy-four (274) homes generate almost $1-MILLON in property taxes each year. 274 homes x $0.0089 (Tax Rate) x $396,844 (Mean Value) = $967,744 Christopher Pierce, 1465 Lake James Drive, Phone: 495-1817, distributed the Lake James Water Quality Study: Ten- Week Update (Lisa Bass and Gary Schafran - Civil and Environmental Engineering Department - Old Dominion University). This study is hereby made a part of the record. After the initial sampling effort, it was observed that conductivity values in the water samples collectedfrom Lake James and the Centerville Canal, were elevated relative to conductivity seen in other lakes in Virginia Beach and that conductivity values increased upstream of Lake James. The Centerville Canal, above Lake James, receives hydrologic inputs from an unnamed, intermittently running stream that originates west of Centerville Turnpike and drainage from land adjacent to the canal (e.g. Brandon Middles School athletic Fields). In addition, to natural storm runoff water draining through, this system also originates from the discharge of dewater operations of a neighboring borrow pit. Old Dominion University is examining different options re "quicker fixes ". All involves funding and requested assistance of City Council. Malcolm Pirnie is involved and is composing a plan designed to stop the seepage. Last Summer, Mr. Pierce met with the City Engineers over at the Landfill, who advised this seepage at the Borrow Pit could not be causing the problem. Leslie Deal, 1541 Lake James Drive, Phone: 965-6401, President - Lake James Homes Association. They are a Navy family from California and love Virginia Beach. Ms. Deal believes the City Council is very interested in providing assistance. Mayor Sessoms attended the Lake James Homes Association Annual Meeting. Councilman Dyer has been very involved. To celebrate the "Clean Lake ", Ms. Deal invited the City Council to attend the Annual Picnic in June. Councilman Villanueva advised he is working with Councilman Dyer and the Lake James Home Association. March 1 0, 2009 III I, - 65- Police Concerns Larry Linton, 1412 Glenwood Links Lane, Phone: 343-6533, advised his wife was involved in a vehicle accident last week involving three (3) teenage drivers. They broke the law. The Police Officer admitted he was acquainted with the driver from his days as a High School Resource Officer. Mr. Linton had to pay the deductible for his car, because three teenagers who were on a "joy ride" broke the law and got away with it. Mr. Linton quoted an excerpt from the Oath of Virginia Beach Police Officers. The driver was seventeen years old on a "Learners Permit" with two other teenagers in the car and they fled the scene of the accident. This is not legal and they were caught by K-9 Officers trying to switch drivers when the vehicle was undrivable. They also failed to yield the right-ofway on Scouthcross Road. Mr. Linton's wife had to swerve to avoid them. In swerving to avoid them, she "clipped the teenagers' rear end". Since January First through March Ninth, there have been 1,539 accidents. It is statistically proven teenage drivers are going to be responsiblefor 215 of those. Mayor Sessoms requested the City Manager to review this matter. Lesley Stukey, 2905 Sugar Maple Drive, Phone: 301-6885. Ms. Stukey introduced her husband Chief Stukey, who just returned February Seventh from his third deployment in the last four (4) years. Ms. Stukey repeated her previous statement given to City Council on January 13, 2009, Ms. Stukey was on Virginia Beach Boulevard at 12:30 in the afternoon when pulled over by twenty (20) Police Officers, all holding guns on her. She had only been leaving her Chiropractor's appointment. She informed the Police Officer she was a 100% Disabled Veteran. She was placed in handcuffs on her knees. After she was found innocent, she was informed there was a bank robbery on Virginia Beach Boulevard and her truck fit the description of the vehicle. She later learned the robbery involved a 180 pound black male, approximately 6 feet in height. She received a letter from Captain Bell sympathizing with her unpleasant experience, but he found the Officer had done nothing wrong. Someone should be held responsible. She will continue to return to City Council until this is resolved to her satisfaction. March 10, 2009 II - 66- Proposed Laskin! Farmington Road Janet Holloway, 404 East Farmington Road, Phone: 675-3973, distributed correspondence to Cindy Curtis, Director - Parks and Recreation, from the President - Point 0' Woods Civic League, requesting the beautifUl, treed property at the corner of Laskin Road and Farmington Road be preserved as a natural area, and a part of the Virginia Beach Open Space Acquisition program. Said letter is hereby made a part of the record The proposed development consists of a three-story office building at the intersection of Laskin and Farmington Roads, with an 82-space parking lot. The development is at the entrance of their neighborhood, Point 0 ' Woods. Traffic and the visual wind buffer that would be removed is also a concern. There is water in this parcel of land which could affect the quality of their water (oil and gas runofffrom the cars). A meeting was held at Trantwood Elementary with over one hundred (100) residents, Council Members Wilson and Wood, as well as the Developer Mark Ricketts (developing the property for Lawrence Goldrich, part of the Larrymore Organization), were in attendance. This area is also in Crash Zone 2. They also met with Bob Berger, Partner of Lawrence Goodrich, who was applicable to be a "willing seller". Ms. Holloway presented the City Council the original Petition containing 339 signatures opposing the construction at the Laskin and Farmington Road intersection and requested this parcel of land be considered for Virginia Beach's Open Space Acquisition Program. Scott Hessek, 305 Eastwick, Phone; 675-3973, represented the Point 0' Woods Civic League, expressed his concerns re the entrance to Point 0' Woods from Laskin Road which has two areas of woods on each side. One has been developed and is home to Hardee's, Baxter Pools and a construction company. All of the trees were cut down. The weather has changed in that whole section of Point 0 ' Woods because of the trees being cut. The other section of woods remains in a pristine state. These woods provide flood control, a sound buffer and serve as a wind- breaker. Thomas Holloway, 404 East Farmington Road, Phone: 340-8073, reiterated the safety issue. The residents are truly concerned relative access to the proposed three-story condo development. The Civic League was advised a letter was written to the Base Commander of Oceana relative the three-story condo, but nothing had been advised Mayor Sessoms assured Mr. Holloway, the information concerning Oceana's opinion of this development in a Crash Zone will be obtained March 10, 2009 II - 67 - Lake Edwards/Campus East Newtown Baker Road Youth Pastor Joe Flores, 701 Bolero Court, Phone: 473-0960, spoke re the children in the Lake Edwards/Campus East (whole Newtown Baker Corridor). Plans are being made now for some funding for a Summer program. Last year, due to the kindness of the City Council Members, 100 children participated in the Summer Program from 7:00 A.M to 7:00 P.M This was free to all the parents involved. $64,000 was allocated. There were two (2) excellent evaluations, as well as from the City's Auditor. However, the entire program cost $123,000. Pastor Flores' church contributed the remainder of the necessary funds. Pastor Flores appealed to the City Council to consider the allocation of sufficientfundsfor this year's program. The Parks and Recreation Department has advised the funds for this Summer's Program have decreased to $60,000. Pastor Flores requested next year, the community be included in the planning process. Reverend Michael Jackson, Minister, 620 Baker Road, Phone: 725-2020, 19- year old Youth Minister, Advocate for Newtown Cultural Art Center, advised there is a desperate need in that particular area for a positive outlet for the Youth. Reverend Jackson requested City Council's support as an attempt to make an impact in the young people's lives. Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, representing the (NAACP) National Association for Advancement of Colored People, spoke re the Baker Corridor. There is a proposal for a Satellite Recreation Center until the construction of the ClP funded Recreation Center can be accomplished as this is a 30-year project. Citizens have to get involved to make a change now in the Baker Corridor. March 10,2009