JUNE 9, 2009
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WILLIAM D. SHSSOMS ,JR.. At-Large
VICE MAYOR LOUIS R. JONES, Bays,de - Distrlct -I
GLENN R. DAVIS, Rose Hall- Dtstrlct 3
WILLIAM R. DeSTEPH, At-Large
HARRY E. DfEZEL, Kempsville - Dislrlct 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
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -D,strid 5
CITY COUNCIL APPOINTEES
('fTY MANAGf:R JAMliS K. SPORli
('fTY A 77'ORNIiY MARK fJ. STlLliS
('I7Y ASSIiSSOR JFRALlJ BANAGAN
CI7Y AUDITOR f,YNDON S RFMIAS
('I7'f CLliRK RUtH HODG/;'S FRASFR, MMC
CITY COUNCIL AGENDA
9 JUNE 2009
I.
CITY MANAGER'S BRIEFINGS
- Conference Room -
A. CHINESE DRYWALL
Cheri Hainer, Administrator - Permits and Inspections
B. GREEN RIBBON IMPLEMENTATION COMMITTEE
Barry Frankenfield, Manager, Strategic Growth Area (SGA)
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
II II II
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-8005
PHONE (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
2:00 PM
4:30 PM
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VI. FORMAL SESSION AGENDA
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B.
INVOCA TION:
Reverend Tommy Taylor
Pastor, London Bridge Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. SPECIAL FORMAL SESSION
2. INFORMAL and FORMAL SESSIONS
May 19, 2009
May 26, 2009
G. FORMAL SESSION AGENDA
H. PUBLIC HEARING
1. LEASE OF CITY PROPERTY
Regional Group Home - 2293 Lynnhaven Parkway
I. CONSENT AGENDA
J. RESOLUTIONS/ORDINANCES
1. Resolution URGING the Commonwealth of Virginia and United States Congress to make the
advancement of high speed passenger rail service from Richmond to Southside Hampton
Roads a high priority
2. Resolution to MODIFY an architectural and engineering services contract and revise the price
with Waterway Surveys and Engineering, Ltd, re the Lynnhaven River dredging project to
allow for the change in the transfer facility site.
3. Ordinance to AUTHORIZE the City Manager to execute a lease of City-owned property at
2293 Lynnhaven Parkway to Tidewater Group Home
II III11
4. Ordinance to GRANT permits allowing certain Emergency Medical Service (EMS) agencies to
operate in the City of Virginia Beach:
a. American Lifeline Medical Transport, Inc.
b. Children's Hospital of the King's Daughters Transport Team
c. Life Evac Virginia
d. Medical Transport
e. Mid-Atlantic Regional Ambulance, Inc.
f. Eastern Shore Ambulance Service
g. Nightingale Regional Air Ambulance
h. Special Event Providers of Emergency Medicine
5. Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds:
a. $11,129,836 from Princess Anne Road - Phase IV to Nimmo Parkway - Phase V-A
within the FY 2009-10 Capital Budget
b. $1,036,910 from FEMA to the Fire Department's V A-TF2 Urban Search and Rescue
Team re emergency preparedness
c. $322,161 from Opportunity Inc. through the American Recovery and Reinvestment Act
(ARRA) re Summer youth employment within City departments
d. $15,000 from the City Beautification Fund to Parks and Recreation re Japanese
Miyazaki Garden renovation
K. PLANNING
1. Application of NANCY SAUNDERS and WALTER P. ADAMS, JR. for an Expansion of
a Nonconforming Structure re a covered front porch and two-story addition at 107 85th Street,
L YNNHA VEN DISTRICT.
RECOMMENDA TION
APPROV AL
2. Application ofTPKINVESTMENTS CORP. and CLINT USONIS for an Expansion ofa
Nonconforming Structure re a porch enclosure, exterior stairs, decking and a two-story
addition at 844 Dwyer Road, PRINCESS ANNE DISTRICT
RECOMMENDATION
APPROV AL
3. Application of MEMBERS TRUST CREDIT UNION for a Modification of Conditions re
a two-story credit union, offices and a small restaurant at Holland Road and South
Independence Boulevard (approved by the City Council on September 22, 1998), ROSE
HALL DISTRICT
RECOMMENDATION
APPROVAL
II III II
4. Application of HEARTS 4 KIDS CHILDCARE for a Conditional Use Permit re Daycare at
3569 Marvell Road, ROSE HALL DISTRICT
RECOMMENDATION
APPROV AL
5. Application of EASTERN ACADEMY OF MIXED MARTIAL ARTS, INC. for a
Conditional Use Permit re an indoor recreational facility (martial arts) at 3900 Bonney Road,
Suite 213, L YNNHA VEN DISTRICT
RECOMMENDA TION
APPROV AL
6. Application of HYBRID ACADEMY OF MARTIAL ARTS for a Conditional Use Permit,
re an indoor recreational facility (martial arts), at 3636 Virginia Beach Boulevard, Suite 115,
L YNNHA VEN DISTRICT
RECOMMENDATION
APPROV AL
7. Application of PUNGO AIRFIELD, LLC for a Conditional Use Permit, re a recreational
facility of an outdoor nature (car racing, paintball) and a mulch facility at 1848 Princess Anne
Road, PRINCESS ANNE DISTRICT
RECOMMENDATION
APPROV AL
8. Application of MANNY VARELA, CENTRES BFS NORTHEAST, LLC for a
Conditional Use Permit re small engine repair at1531 General Booth Boulevard, BEACH
DISTRICT
RECOMMENDATION
APPROV AL
9. Application of ENDEAVOR ENTERPRISES, LLC for a Change of Zoning District
Classification, from AG-l and AG-2 Agricultural Districts to Conditional B-IA Limited
Business District and P-l Preservation District at Holland Road and Chestnut Oak Way,
PRINCESS ANNE DISTRICT
APPLICANT REQUESTS DEFERRAL TO JULY 14, 2009
L. APPOINTMENTS
BA YFRONT ADVISORY COMMITTEE
BEACHES and W A TERW A YS COMMISSION
BIKEW A YS and TRAILS COMMISSION
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
PARKS and RECREATION COMMISSION
SOCIAL SERVICES BOATRD
TIDEWATER COMMUNITY COLLEGE BOARD
M. UNFINISHED BUSINESS
III II
N. NEW BUSINESS
O. ADJOURNMENT
**********************************
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
**********************************
COUNCIL SCHEDULE FOR JULY AND AUGUST
Jul
Planning
********
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 6/9/09st
WWW.VbgDV.CDIll
I i III II
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MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 9, 2009
Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING re CHINESE
DRYWALL in the City Council Conference Room, Tuesday, June 9,2009, at 2:00 P.M
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., and James L. Wood
Council Members Absent:
Robert M Dyer
[Entered: 2:38 P.M)
Ron A. Villanueva
[Entered: 2:12 P.M)
Rosemary Wilson
[Entered: 2:35 P.M)
John E. Uhrin
[Entered: 2:05 P.M)
June 9, 2009
II III II
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C IT Y MANA G E R 'S B R IE FIN G
CHINESE DRYWALL
ITEM # 58891
2:00 P.M.
Cheri Hainer, Administrator - Permits and Inspections, distributed a sample of the Chinese Drywall
procured from Chesapeake's Building Official's office. The City of Virginia Beach has not been able to
secure a sample currently being utilized.
The installation ofgypsum wallboard materials (drywall) shall be in compliance with Section R702.31 of
the Virginia Uniform Statewide Building Code (USBC), referencing several nationally recognized
standards but specifically ASTM C36 and C 1396. Gypsum is a naturally occurring, semi-hvdrous form
of calcium sulfate CaSO-l.Ij2 H20). The drywall imported from China appears to release sulfur-based
compounds that negatively affect the metals found in HVAC systems and electrical wiring as well as
prompting some health issues. The use of this product is not permitted until approved testing and listing
information is submitted to and reviewed by Permits and Inspection.
A sample of testing reports from China (one of the test dates expired in 2006) and the detailed ICC
Evaluation Service, Inc. report (which requires reexamination every two (2) years) was distributed and is
hereby made a part of the record. It is important to note that not all drywall from China has been
discovered to have this chemical component.
GYPSUM INVESTIGATION FINDINGS
· Tainted drywall manufactured in gypsum mines in China
Usedjlyash, a waste material that is a byproduct from power plants using coal
- Coal jly ash can leak into the air and emit sulfur compounds.
. Chinese drywall contains bacteria which is degrading iron and sulfur compounds to produce
sulfurous odors
Testing has proven if bacteria is, in fact, present, it is not significant enough to cause an
odor
Gypsum mined in Asia contains a naturally occurring allotrope of elemental sulfur-
orthorhombic cyclooctasulfur (S8)
. Samples also revealed carbon disulfide, sulfur dioxide and hydrogen sulfide
· Hydrogen Sulfide (H2S) as a result of the manufacturing process
The levels of H2S are sufficient enough to corrode copper, brass and some other metal building
materials
The corrosion process may be accelerated by increased relative humidity in the indoor
environment
NO STANDARD for levels of H2S in indoor environments - unknown what might be considered a
"Safe" level
GYPSUM INVESTIGATION FINDINGS
. Approximately thirteen (13) manufacturing facilities in China could be involved
- Knauf Tianjin Plasterboard Co. Ltd. -- one of the problematic manufacturers identified
At least 550-MILLION pounds of this drywall has been ojjloaded in US ports since 2004 (one
estimate suggests that this is enough to supply 250,000 average-sized homes
150,000 sheets in Tidewater Area in 2006-07
June 9,2009
II III
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C IT Y MANA G E R 'S B R IE FIN G
CHINESE DRYWALL
ITEM # 58891 (Continued)
GYPSUM CERTIFICATION
ASTM 1396 - required physical properties
core, end and edge hardness
flexural strength
nail pull resistance
length
tapered edge depth
straightness of the edges and ends
humidified deflection
permeance
water resistance and surface water absorption
GYPSUM CERTIFICATION
ASTM C 47 3 investigate modernization of the equipment used for the physical testing of gypsum
board
flexural strength (Method A)
core, end and edge hardness (Method A)
nail pull resistance (Method A)
· Do not test for humidity and water affects
· Not referenced standard in R702.3
GYPSUM INFORMATION
.
United States Consumer Product Safety Commission
No direct correlation of this product and health issues - checkfor other allegiantsfirst
The presence of defective drywall cannot be determined by testing a home's air
Contact builder to determine ifproduct was used
No formal determination available yet that the product is defective
Florida Attornev General's office warns several deceptive practices targeted at homeowners
Bogus chemical test kits
Home inspection offers
Ozone generators and chemical cleaners
Only after documented proof from a qualified lab should a solution be implemented
GYPSUM FACTS
.
Consumer Product Safety Commission (CPSC) and Center for Disease Control (CDC) have
advised health effects temporary
To date, no long term effects
No product to mask the odor or seal walls
Only solution: remove and replace drywall
- Average cost $33,000 for 2000 square foot home
Includes any repairs to mechanical and plumbing
United States produced gypsum certified in compliance
.
June 9, 2009
II II
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C I T Y MANA G E R 'S B R IE FIN G
CHINESE DRYWALL
ITEM # 58891 (Continued)
GYPSUM ON-GOING ACTIONS
In May 2009, the U. S. House of Representatives passed an amendment to the Mortgage Reform
and Predatory Lending Act, HR 1728, that would require the Department of Housing and Urban
Development (HUD) to study the effects of tainted Chinese drywall on foreclosures and the
availability of property insurance
GYPSUM SUMMARY
.
Contact your builder to determine if it was used
Iffound. contact Consumer Product Safety Commission (CPSC) tojile incident report
Only remedy to remove and replace drywall
- Include repairs to HVAC and electrical systems
New permits are certified to be in compliance
Only drywall with ASTM stamp approved
Continue to monitor agencies for updates
.
.
.
Councilman DeSteph distributed pictures of the corrosion to copper, iron from United States Consumer
Product Safety Commission Website. Consumer Products Safety Commission has received over three
hundred sixty-jive (365) reports from residents in eighteen (18) states and the District of Columbia who
believe their health symptoms or the corrosion of certain metal components in their homes are related to
the presence of drywall produced in China (individuals susceptible to colds, allegories, asthma, or
reactions to other pollutants). Councilman DeSteph referenced the hotel in Chesapeake which had
installed this drywall three (3) or four (4) months ago. In November or December, this issue of drywall
was known and reported in the Wall Street Journal. Councilman DeSteph does not believe $33,000 would
cover the cost of replacing the drywall as there might be other issues. Insurance Companies have
declared this a pollutant.
Ms. Hainer advised these symptoms are known, but the Consumer Product Safety Commission is not
willing to say this is a direct link. The Federal Government is investigating to determine if there is
something they can do to have the insurance companies involved.
Ms. Hainer advised only forty (40) incidents have been truly identified in Hampton Roads.
Councilman Wood distributed photographs depicting examples of corrosion in a home in the Lynnhaven
District. Forty (40) sheets of Chinese Drywall were used in this construction.
Councilman Wood advised the average residential builder typically does not carry pollution liability
insurance, which is extremely expensive. Ms. Hainer advised Councilman Wood this Chinese drywall
had been declared as hazardous a liability as asbestos. Councilman Wood advised speaking to one
HazMat Contractor who has been hired to remove this drywall, which is being taken to the same landjill
as asbestos. Concerning the builders' risk policy, Councilman Wood advised this would cover issues such
as a home burning down during construction. Typically, there is a pollution exclusion. This can be added
back into the policy, but a typical residential builder would not have this issue.
June 9, 2009
II
II II
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CITY MANA GER 'S BRIEFING
GREEN RIBBON IMPLEMENTATION COMMITTEE
2:25 P.M.
ITEM # 58892
Barry Frankenfield, Manager - Strategic Growth Area, introduced key individual members of the Green
Ribbon Implementation Committee: Peter Schmidt - Co-Chair, Andrew Fine - Co-Chair, Karen Forget.
June Barrett-McDaniels
History
Green Ribbon Committee Report November 2007
Implementation Committee appointed December 2007
Staff meets monthly
· Full Citizen Committee meets every two months
Accomplishments
../ LEED Certification for City Buildings - Administrative Directive
../ LEED Accredited Professionals comprise seven (7) Staff)
../ Vegetative Buffer Guidelines - City Policy (Administrative Directive pending approval revised
Chesapeake Bay Preservation Area (CBP A) regulations)
../ DSC Notice - Bio-Retention in Park Lots
../ Prohibition of Feeding of Wildlife Ordinance
../ Watershed Goals (TMDL Guidelines)
../ Comprehensive Stormwater Project Planning (Increase in Stormwater Fee to support specific
projects over three-year cycles)
../ Improved Stormwater Management for City Redevelopment and Capital projects
../ Buffer Restoration Requirementsfor Conditional Zoning, Variances, and Easements Policy
../ Tree Stand Preservation, Urban Forestry, and Revisions to Landscape Ordinances (in progress)
../ Sustainable Management and Maintenance Policy (in progress)
../ Green Building Guidelines (Stewardship Award Program. in progress)
Ordinances
Pending June 23, 2009
. Reappointment of Implementation Committee - Two Year Term (July 2009 to June 2011)
. Residential Street Width - Remove the requirement of60' (Sixty-foot) right-of-way 36'
(Thirty-six foot) paved section for minor residential streets
June 9, 2009
II II II
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C IT Y MANA G E R 's B R IE FIN G
GREEN RIBBON IMPLEMENTATION COMMITTEE
ITEM # 58892 (Continued)
Citizen Members Proposed
Peter Schmidt
· Billy Almond
· Eddie Bourdon
Claudia Cotton (New - Tidewater Builders' Association (TBA) Staff)
· Craig Cope
· Andrew Fine
· Karen Forget
· Noah Hill
· June Barrett McDaniels
Wayne McCoy
· John Oliveri (New - Tidewater Builders' Association (TBA) Staff)
. Council Liaisons: Councilwoman Henley and Councilman Wood
Staff Members
· Robert S. Herbert, Executive Sponsor
Barbara Duke
· Barry Frankenfield
Bill Johnston
Bill Macali
· Carolyn Smith *
Clay Bernick
· Charles Hassen
Joanne Moore *
· Karen Lasley
· Kay Wilson *
· Kristina Salzman *
· Lori Herrick
· Meredith Ching
· Nancy McIntyre *
· Pam Matthias *
Richard Lowman *
· Ross Brockwell*
· Wells Freed*
* New
Residential Street Width
· Remove the requirement of 60' right-of-way 36' paved section for minor residential
streets, reduces amount of paved surfaces
No longer used for residential development
· Does not address Planned Unit Developments
· Current Street Section - 50' right-ofway wi 30' Paved Section which typically
includes enough space for a 22 ' two-way travel lane.
Zoning Ordinance Changes in 1988 increased required parking on sites
· Garages do not count for parking
2 Parking Spaces required on site
June 9, 2009
II III II
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C IT Y MANA G E R 'S B R IE FIN G
GREEN RIBBON IMPLEMENTATION COMMITTEE
ITEM # 58892 (Continued)
Ongoing Work
. Revisions to Landscape Guide
. Revisions to various Zoning Ordinances (Parking, PDH2, Lot Coverage, Open Space/Clustered
Development)
. Reduce Impervious Area in Cul-de-sacs
. Chesapeake Bay Preservation Area (CBPA) Vegetative Buffer Guidelines
. Review Housing Code Maintenance Standards to allow meadows and buffers
. Swales alternative to curb and gutter
. Incentive Programs
Incentives Programs
. Stewardship Award Program
North Carolina Model
o No new cost absorbed in various budgets
. Tax Incentives for Energy Efficient Buildings
o Ordinances in Arlington, Charlottesville and Roanoke
One time annual property tax reduction of 50%.
. Tax Incentives for Solar Panels -
o Ordinance in Roanoke, Virginia
o One time property tax credit.
. Tax Incentives for installation of porous paving
o One time property tax reduction of 50%.
Enabling Legislation exists
Details concerning Incentive Recommendations are hereby made a part of the record.
Updates on Complementary Programs and Initiatives
. American Institute of Architects (AlA) Sustainability Program: Clay Bernick and Ross Brockwell
have been working on this program with the Team visit being scheduledfor September. Virginia
Beach is one often (10) cities, nationwide, chosen to work on this program.
. Green Collar Jobs Initiative: Dr. Patrick Konopnicki, Director of Technical and Career
Education very involved working with Economic Development to develop curriculum, as well as
job force development for Green Collar jobs.
. Clean Waters Task Force.
Owl Creek No-Discharge Zone (NDZ) similar to the Lynnhaven River NDZ,
Clay Bernick, Environmental Management Administrator - Planning, involved
with this concept. Applications are being reviewed.
Mill Dam Creek Cleanup: Bill J Johnston - Public Works is involved in this project
(cleaning up of the major "hot spots '')
Army Corps of Engineers (ACOE) Lynnhaven Study and initiatives: ongoing effort.
Andrew Fine, Co-Chair commenced working on this project many years ago. Detailed
recommendations are being compiled. Public meetings are scheduled for June 17, 25
and July 1, 2009.
. Strategic Growth Areas: Integrate all of the best practices and the learning de rived from the
Green Ribbon Committee.
June 9, 2009
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- 8 -
• Strategic Growth Areas:Integrate all of the best practices and the learning derived from the
Green Ribbon Committee.
CITY COUNCIL LIAISON REPORTS
ITEM#58893
2:48 P.M.
TECHNOLOGY
Council Members Ron Villanueva and Glenn Davis, City Council Technology Liaisons, distributed their
report, which is hereby made a part of the record
Gwen Cowart, Director — ComIT, referenced the deployment of GPS (Global Positioning System
Devices), Automatic Vehicle Location (AVL) and In-Vehicle Mapping (IVM) for public safety are
currently in varying stages of implementation in public safety vehicles. At the present time, AVL is
implemented for only Fire and Emergency Medical Services at the 911 Center. Police will be visible by
the first of July. The display of maps in the vehicles (IV10 will be completed in June 2010. Gwen
referenced Page 2 of the Report "Automatic Vehicle Location and In-Vehicle Mapping Activity
Dependencies and the associated dates. The maps should be in by the end of the Summer, but will not
have calculated routing. An upgrade must be completed.
Gwen advised the funding for the In-Vehicle Mapping was in the FY2009 Capital Improvement Program
and the Automatic Vehicle Location project was funded in FY 2006, but could not be deployed until all
the mobile data terminals are replaced in all the public safety vehicles. This was completed last Summer.
In the 911 Center, Dispatchers can actually see where the vehicles are on a map and choose the closest
vehicle to dispatch. The next step is calculated routing. Via the Mobile Data Terminals (MDTs),
information is provided showing the vehicle's present location, the incident location and the most
expedient travel route. To be able to determine the most expedient route of travel, additional street
network data has to be acquired and added to the GISA system (i.e. speed limits, right turn only, one
way). City Council approved funding in the FY 2009 (CIP) Capital Improvement Program. Large
changes are not incurred during the Summer, at the request of the customers (public safety agency), as
they do not want anything to interfere in their highest service areas. Therefore, the add-up grade is
scheduled for December and immediately following will be the deployment of the maps in the vehicles
which calculate routing.
Councilman Wood expressed concern and advised that five (5)years ago the City Council requested GPS
and AVL capability in every public safety vehicle and ultimately every City vehicle. Council Lady Wilson
advised she never envisioned a complicated system such as this. The City Council just wants GPS
systems in City vehicles to be the same as in individual cars.
Councilman Wood advised police cars, ambulances and fire trucks all now have their own personal
portable Global Positioning Systems (GPS) as it is too cumbersome to utilize the map book or type in an
address.
BIKEWAYS AND TRAILS
ITEM#58894
Councilman DeSteph, City Council Bikeways and Trials Liaison, advised the Commission met yesterday,
June 8, 2009, and will have a Resolution presented to the City Council in the next month.
June 9, 2009
II
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CITY COUNCIL COMMENTS
2:51 P.M.
./TEM# 58895
Mayor Sessoms distributed correspondence, advising he will be attending the United States Conference of
Mayors, in Providence, Rhode Island, from June 10, 2009, through June 16, 2009. Said correspondence
is hereby made a part of the record.
ITEM # 58896
Council Lady Henley advised that several years ago the City Council decided Council Members would
park in the back of Building I - City Hall. This was to allow the adjacent parking lot at the side of City
Hall to be available for the public. At the present time, Council Members Henley and Villanueva are the
only Members using the back parking lot. Many spaces are reserved in back for the City Council which
are not utilized and these reserved spaces could better be used by the citizens. Council Lady Henley
suggested since other City Council Members are not parking there, the system should revert to having
only three (3) reserved spots every day of the week.
Councilman DeSteph advised for every Planning Commission meeting, there are individual signs
"Reserved Planning Commission ", on the West lot depict for every member. Councilman DeSteph
concurred with Council Lady Henley's suggestion.
ITEM # 58897
Christopher S. Boynton, Senior City Attorney, presented a very thorough definition and explanation of the
Noise Ordinance to the Resort Advisory Commission (RAC) on Thursday, June 4, 2009. The Resort
Advisory Commission established a Subcommittee, Chaired by the President of the Restaurant
Association.
ITEM # 58898
Councilman Dyer referenced a very productive conversation re the Biennial Budget during the City
Council Workshop of June 2, 2009. Councilman Dyer suggested the City Council Workshops commence
at 2:00 P.M and after the regular City Council Session, there be time allotted for any topic which any
City Council Member might wish to discuss. City Council would be discussing current topics.
Councilman Dyer said this City Council discussion time should be allowed at least at one Workshop per
month.
Mayor Sessoms said this could be based upon the topics. Sometimes in recent Workshops, there are gaps
of time. Mayor Sessoms suggested this concept be discussed during the City Council Retreat.
Councilman DeSteph advised that for the Workshops not every topic has to be legally advertised.
Councilman DeSteph concurred with Workshops commencing at 2:00 PM rather than 4:00 PM
Council Lady Henley expressed concern in order to have the best and most productive discussion, items
should be known in advance so the Staff can be prepared to respond and other City Council Members can
be alert to those concerns.
Councilman Davis suggested: if a Council Member has an item which they wish to discuss, they should
email this proposed discussion to the City Clerk and she can forward it to all Members.
City Attorney Mark D. Stiles, advised, by way of clarification, it is appropriate to list City Council
Comments on the Workshop Agenda. These items would not be for general discussion and no official
action would be taken.
BY CONSENSUS, City Council Members concurred with the Workshop commencing at 2:00 PM on a
trial basis.
June 9, 2009
, I
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AGE N DA REV IE W S E S S ION
ITEM # 58899
3:50 P.M.
BY CONSENSUS. the following items shall compose the CONSENT AGENDA:
J RESOLUTIONS/ORDINANCES
1. Resolution URGING the Commonwealth of Virginia and United States Congress to
make the advancement of high speed passenger rail service from Richmond to
Souths ide Hampton Roads a high priority
2. Resolution to MODIFY an architectural and engineering services contract and
revise the price with Waterway Surveys and Engineering. Ltd, re the Lynnhaven
River dredging project to allow for the change in the transfer facility site.
3. Ordinance to A UTHORIZE the City Manager to execute a lease of City-owned
property at 2293 Lynnhaven Parkway to Tidewater Group Home
4. Ordinance to GRANT permits allowing certain Emergency Medical Service (EMS)
agencies to operate in the City of Virginia Beach:
a. American Lifeline Medical Transport, Inc.
b. Children's Hospital of the King's Daughters Transport Team
c. Life Evac Virginia
d. Medical Transport
e. Mid-Atlantic Regional Ambulance, Inc.
f. Eastern Shore Ambulance Service
g. Nightingale Regional Air Ambulance
h. Special Event Providers of Emergency Medicine
5. Ordinances to ACCEPT, APPROPRIATE and TRANSFERfunds:
a. $11. 129. 836from Princess Anne Road-Phase IVtoNimmo Parkway -Phase
V-A within the FY 2009-10 Capital Budget
b. $1. 036. 910from FEMA to the Fire Department's VA-TF2 Urban Search and
Rescue Team re emergency preparedness
c. $322.161 from Opportunity Inc. through the American Recovery and
Reinvestment Act (ARRA) re Summer youth employment within City
departments
d. $15,000 from the City Beautification Fund to Parks and Recreation re Japanese
Miyazaki Garden renovation
Councilman Wood inquired re J4 a-h (Emergency Medical Service agencies) if any report was received
on accidents involving these ambulances. The City Manager will advise ifreports are received by EMS.
June 9. 2009
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AGENDA RE VIE W SESSION
3:08 P.M.
ITEM # 58900
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
L. PLANNING
1. Application of NANCY SAUNDERS and WALTER P. ADAMS, JR.for an
Expansion of a Nonconforming Structure re a coveredfront porch and two-story
addition at 107 85th Street, LYNNHA VEN DISTRICT.
2. Application ofTPK INVESTMENTS CORP. and CLINT USONISfor an
Expansion of a Nonconforming Structure re a porch enclosure, exterior stairs,
decking and a two-story addition at 844 Dwyer Road, PRINCESS ANNE DISTRICT
3. Application of MEMBERS TR UST CREDIT UNION for a Modification of
Conditions re a two-story Credit Union, offices and a small restaurant at Holland
Road and South Independence Boulevard (approved by the City Council on
September 22. 1998), ROSE HALL DISTRICT
4. Application of HEARTS 4 KIDS CHILDCAREfor a Conditional Use Permit re
Daycare at 3569 Marvell Road, ROSE HALL DISTRICT
5. Application of EASTERN ACADEMY OF MIXED MARTIAL ARTS, INC. for a
Conditional Use Permit re an indoor recreational facility (Martial Arts) at 3900
Bonney Road, Suite 213, LYNNHA VEN DISTRICT
6. Application of HYBRID ACADEMY OF MARTIAL ARTS for a Conditional Use
Permit. re an indoor recreational facility (Martial Arts), at 3636 Virginia Beach
Boulevard, Suite 115, LYNNHA VEN DISTRICT
7. Application of PUNGO AIRFIELD, LLC for a Conditional Use Permit, re a
recreational facility of an outdoor nature (car racing, paintball) and a mulch facility
at 1848 Princess Anne Road, PRINCESS ANNE DISTRICT
8. Application of MANNY VARELA, CENTRES BFS NORTHEAST, LLCfor a
Conditional Use Permit re small engine repair at1531 General Booth Boulevard,
BEACH DISTRICT
9. Application of ENDEA VOR ENTERPRISES, LLC for a Chanf!e of Zoninf! District
Classification, from AG-I and AG-2 Agricultural Districts to Conditional B-IA
Limited Business District and P-I Preservation District at Holland Road and
Chestnut Oak Way, PRINCESS ANNE DISTRICT
June 9,2009
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AGE N DA REV IE W S E S S ION
ITEM # 58900 (Continued)
City Council shall ADOPT, BY CONSENT, ALTERNATIVE VERSION with REVISED
CONDITIONS (Item L.l/Saunders and Adams Nonconforming Structure) as distributed by
Councilman Wood.
Council Lady Henley inquired re Item L.2. (TPK INVESTMENTS CORP and CLINT USONIS) re a
porch enclosure which extends into the setback. Council Lady Henley inquired re the difference in this
application and the front porch request of Amanda Fulton in Red Mill Farms. Karen Lasley,
Administrator - Zoning, and Stephen White, Planning, advised in this particular instance the house itself
is already in the setback in the Agricultural District and thus is a noncoriforming structure. The
applicant is requesting to add a porch to the front plus an addition on the back. The resident of Red Mill,
who spoke at Open Mike on May 12, 2009. wants very much to have a wider porch. Ms. Lasley is
working with Ms. Fulton to return to the Board of Zoning with an amended application. The building is
not within the setback.
Vice Mayor Jones DISCLOSED re Item L.6. (HYBRID ACADEMY OF MARTIAL ARTS) Conditional
Use Permit for an indoor recreational facility at 3636 Virginia Beach Boulevard, Suite 115. Vice Mayor
Jones owns property next to this application; however, the City Attorney has advised Vice Mayor Jones
may vote as he does not have an economic interest.
Council Lady Henley inquired re Item L. 7. (PUNGO AIRFIELD, LLC) re the Conditional Use Permit
for a recreational facility of an outdoor nature (car racing, paintball). Council Lady Henley thought the
City Council might need to clarify conditions defining their activities. This item shall be DEFERRED,
BY CONSENT, until the City Council Session of July 7,2009.
Item L.9 (ENDEAVOR ENTERPRISES, LLC) re a Conditional Change of Zoning shall be
DEFERRED, BY CONSENT until the City Council Session of July 14, 2009
June 9, 2009
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ITEM # 58901
Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.2-3711 (A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration of, or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711 (A)(l)
Council Appointments: Boards, Commissions, Committees,
Authorities, Agencies and Appointees
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition, or of the disposition of publicly-held property, where
discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body pursuant to Section
2.2-3711 (A)(3).
Acquisition/Disposition of City Property: Bayside District
Beach District
Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council voted to proceed
into CLOSED SESSION at 3:20 P.M.
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer
Barbara M Henley, Vice Mayor Louis R. Jones, 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:
None
(Closed Session: 3:30 P.M. - 4:45 P.M.)
(Break:
3:22 P.M. - 3:30 P.M.)
(Dinner:
4:45 P.M. - 5:50 P.M.)
June 9, 2009
II
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FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
June 9, 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, June 9, 2009, at 6:00 P.M
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor
William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
INVOCATION: Reverend Tommy Taylor
Pastor, London Bridge Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297
Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles,
TowneBank has an interest in numerous matters in which he is not personally involved and of which he
does not have personal knowledge. In that regard, he is always concerned about the appearance of
impropriety that might arise if he unknowingly participates in a matter before City Council in which
TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne
Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and
spirit of the State and Local Government Conflict of Interests Act (the "Act "), it is his practice to
thoroughly review each City Council agenda to identify any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal
interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter
with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of
March 24,2009, is hereby made a part of the record.
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial") purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
June 9, 2009
I
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Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential
Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the
volume of transactions it handles in any given year, Prudential has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
June 9, 2009
11111
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Item V-E.
CERTIFICATION OF CLOSED SESSION
ITEM # 58902
Upon motion by Councilman Dyer, 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: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, 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:
None
June 9,2009
II II II
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 #58901, Page 13, and in accordance with the provisions of The Virginia
Freedom of Information Act, and,
WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOff, 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.
June 9, 2009
II
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Item V-F.1
ITEM # 58903
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council APPROVED the
MINUTES of the SPECIAL FORMAL SESSION of May 19, 2009.
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Abstaining:
James L. Wood
Council Members Absent:
None
Councilman Wood ABSTAINED as he was not in attendance during the City Council Session of May 19,
2009, as he was out of the City, assisting in an economic marketing venture.
June 9, 2009
II II II
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Item V-F.2.
ITEM # 58904
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of May 26,2009.
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, 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:
None
June 9, 2009
I
Item V-G.1.
ADOPT AGENDA
FOR FORMAL SESSION
BY CONSENSUS, City Council ADOPTED:
- 19 -
ITEM # 58905
AGENDA FOR THE FORMAL SESSION
June 9, 2009
II
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Item V-H.J.
PUBLIC HEARING
ITEM # 58906
Mayor Sessoms DECLARED A PUBLIC HEARING:
LEASE OF CITY PROPERTY
Regional Group Home - 2293 Lynnhaven Parkway
THERE BEING NO SPEAKERS, Mayor Sessoms CLOSED THE PUBLIC HEARING
II
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June 9, 2009
II
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Item V-J.
RESOLUTIONS/ORDINANCES
ITEM # 58907
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE
MOTION Items 1,2,3,4 a-h, and 5 a-d of the CONSENT AGENDA.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, 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:
None
June 9, 2009
II II II
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Item V-J.l.
RESOLUTIONS/ORDINANCES
ITEM # 58908
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution URGING the Commonwealth of Virginia and United States
Congress to make the advancement of high speed passenger rail service
from Richmond to Souths ide Hampton Roads a high priority
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, 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:
None
June 9,2009
II II II
1 A RESOLUTION URGING THE COMMONWEALTH OF
2 VIRGINA AND CONGRESS TO ADVANCE HIGHER
3 SPEED PASSENGER RAIL TO SOUTHSIDE HAMPTON
4 ROADS AS A HIGH PRIORITY INITATIVE
5
6 WHEREAS, President Barack Obama recently released a strategic plan entitled
7 Vision for High-Speed Rail in America; and
8
9 WHEREAS, the President's high speed rail strategic plan proposes the rebuilding
10 of the country's existing rail infrastructure into a new robust network of high-speed
11 passenger rail corridors comparable to the European High-Speed Passenger Rail
12 System; and
13
14 WHEREAS, $8 billion has been allocated in the American Reinvestment and
15 Recovery Act of 2009 as a down payment on this new national high-speed passenger
16 rail system; and
17
18 WHEREAS, the President has proposed an additional $1 billion per year for the
19 next five years for the most qualified high-speed rail projects starting in the Proposed
20 United States FY 2010 Budget; and
21
22 WHEREAS, high-speed rail will have significant economic and quality of life
23 benefits for connected communities and regions across the country by offering a viable,
24 environmentally friendly, and energy efficient transportation alterative, which also
25 promotes economic development, job creation, and enhanced travel and tourism
26 opportunities; and
27
28 WHEREAS, it is critically essential that the Hampton Roads Region (the
29 "Region") be directly connected to the emerging national high-speed rail network to
30 ensure the Region's continued economic competitiveness; and
31
32 WHEREAS, the current and well documented traffic delays at the major water
33 crossings of Hampton Roads makes efficient travel across the Region difficult and
34 sometimes unreliable; and
35
36 WHEREAS the General Assembly's continued unwillingness to identify a
37 dedicated and sufficient transportation funding stream to improve the known
38 deficiencies in critical regional transportation corridors is a serious problem; and
39
40 WHEREAS, the initial investment in high speed rail to Hampton Roads must
41 directly connect the larger population base and employment centers of the Region,
42 which are located in South Hampton Roads, to fully realize and leverage the potential
43 benefits of such a major transportation investment; and
44
II III I
45 WHEREAS, a modern high-speed passenger rail system will offer a viable
46 emergency evacuation alternative for Southside Hampton Roads citizens in the event of
47 a hurricane or other major event necessitating mass evacuation of the Region; and
48
49 WHEREAS, the necessary studies to evaluate and select a preferred high-speed
50 rail alternative from Richmond to Hampton Roads have been delayed by more than two-
51 years; and
52
53 WHEREAS, the Commonwealth must with all deliberate speed complete the
54 federally required studies for identifying a preferred high-speed passenger rail
55 connection from Richmond to Hampton Roads so that the Region can be in a position to
56 successfully compete for current and future federal funding.
57
58 NOW, THEREFORE, be it resolved, by the Council of the City of Virginia Beach:
59
60 That, the first priority for the essential high-speed passenger rail connection to
61 Hampton Roads directly connects South Hampton Roads to Downtown Richmond
62 through Petersburg and along the Route 460 / Norfolk Southern Corridor.
63
64 AND BE IT FURTHER RESOLVED, that the Commonwealth of Virginia needs to
65 fully appreciate the tough competition our state will face for securing federal high-speed
66 rail funding and that high-speed passenger rail must be a high priority for the state
67 requiring the immediate and significant commitment of both staff and financial resources
68 to best position the Richmond to Hampton Roads High-Speed Passenger Rail Corridor
69 for selection for federal funding.
70
71 AND BE IT FURTHER RESOLVED, that the Hampton Roads Congressional
72 Delegation is requested to assist in the selection of the Richmond to Hampton Roads
73 High-Speed Passenger Rail Link and funding for the Richmond to Hampton Roads
74 High-Speed Passenger Rail Link from all possible sources including the pending
75 Federal Surface Transportation Act Re-Authorization and the President's newly
76 proposed high-speed passenger rail program.
Adopted by the Council of the City of Virginia Beach, Virginia on this 9th day of
June ,2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
,:;e~ ~
City Attorney's Office
CA 11142 R-2 May 22, 2009
II
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- 23 -
Item V-J.2.
RESOLUTIONS/ORDINANCES
ITEM # 58909
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution to MODIFY an architectural and engineering services
contract and revise the price with Waterway Surveys and Engineering,
Ltd, re the Lynnhaven River dredging project to allow for the change in
the transfer facility site.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, 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:
None
June 9, 2009
, '
II III II
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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25
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27
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33
A RESOLUTION APPROVING THE MODIFICATION
OF ARCHITECTURAL AND ENGINEERING
SERVICES CONTRACT BETWEEN THE CITY AND
WATERWAY SURVEYS AND ENGINEERING, LTD.
WHEREAS, in July 2005, the City executed a contract with Waterway Surveys
and Engineering, Ltd., to provide professional engineering services for the Western
Branch of the Lynnhaven River Maintenance and Dredging Project (CIP # 8-005); and
WHEREAS, the original scope of the project has been enlarged to include a
change in location for the dredged material transfer station location and the
incorporation of recreational uses into the facility layout and design; and
WHEREAS, the modifications require additional professional engineering
services to complete the project; and
WHEREAS, the additional professional engineering services required to
accomplish the scope of this project will increase the contract price by 69.7 percent over
the original design contract amount of $240,000; and
WHEREAS, the Virginia Public Procurement Act requires City Council approval
of changes to contracts that exceed $50,000 or 25 percent of the original contract price,
whichever is greater.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA THAT:
The City Council hereby approves the modification of architectural and
engineering services contract with Waterway Surveys and Engineering, Ltd., with the
revised contract price of $407,209.-
Adopted by the City Council of the City of Virginia Beach, Virginia, this 9th
day of June ,2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
<2~ E t1~/u',
Pu c Works
17'~
City orney's Office
CA 11154
R-1
May 29,2009
II II II
City e>f 'V'irgirria Beach
DEPARTMENT OF PUBLIC WORKS
757-385-4167
FAX (757) 385-5783
TOD (757) 385-4305
VBgov.com
MUNICIPAL CENTER
BUILDING 2 ROOM 340
2405 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9031
INTER-OFFICE MEMORANDUM
DATE:
May 29,2009
TO:
James K. Spore, City Manager
p/%/
FROM:
Jason E. Cosby, P.E., Director of Pu
SUBJECT: Western Branch of Lynnhaven River Maintenance Dredging (CIP 8-005)
Change Order Number 4 to the Engineering Design Contract
In July 2005 the City executed a Contract Agreement with Waterway Surveys &
Engineering, Ltd., to provide professional engineering services for the Western Branch
of Lynnhaven River Maintenance Dredging Project. The original scope of services
included surveying, shoaling analyses, permitting, channel design, public involvement,
and development of construction contract documents. Additional professional
engineering services are required to complete the project due to a change in the
dredged material transfer station location and to incorporate recreational uses into the
facility layout and design. The scope and fee proposal for the required additional
professional engineering services are detailed in the attached document titled Change
Order Number 4.
The total amount of this change order is $113,980 bringing the revised total contract
amount including previously approved change orders to $407,209. The contract change
orders are summarized in the table below.
Change Order Summary:
Ori inal Contract
Chan e Order #1
Chan e Order #2
Chan e Order #3
Chan e Order #4
Revised Contract
$240,000 Ori inal Sco e and A reement Dated Jul 27,2005
$0 Removed non-pertinent information from the contract
$13,235 Shoalin anal sis for Old Donation Creek
$39,994 Fill mana ement Ian and JPA for Whitehurst Borrow Pit
$113,980 Chan e in location and enhancements to transfer site
$407,209
II II II
Mr. James K. Spore
May 29,2009
Page 2
This revised contract amount of $407,209 represents an increase of $167,209 (69.7%)
over the original design contract amount of $240,000. City Council approval is required
to authorize the City Manger to amend the original Contract Agreement in an amount
greater than 25% of the original contract amount.
In this regard the attached Agenda Item request and City Council Resolution are
provided for your consideration. I would be pleased to provide any further information
you may need.
JEC/dfJ4
cc: Dave Hansen, Chief of Finance and Technology
John Fowler, City Engineer
Phi" Roehrs, Water Resources Manager
Mike Mundy, Water Resources Project Management
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- 24-
Item V-J.3.
RESOLUTIONS/ORDINANCES
ITEM # 58910
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AUTHORIZE the City Manager to execute a Lease of
City-owned property at 2293 Lynnhaven Parkway to Tidewater Group
Home
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, 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:
None
June 9, 2009
II II II
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR ONE
3 YEAR, WITH FOUR OPTIONAL ONE-YEAR
4 RENEWALS, WITH TIDEWATER REGIONAL
5 GROUP HOME COMMISSION, FOR 4,080 SQUARE
6 FEET OF CITY-OWNED LAND LOCATED AT 2293
7 LYNNHAVEN PARKWAY IN THE CITY OF VIRGINIA
8 BEACH
9
10 WHEREAS, the City of Virginia Beach (the "City") is the owner of that
11 certain parcel of land located at 2293 Lynnhaven Parkway in the City of Virginia
12 Beach (the "Property").
13
14 WHEREAS, Tidewater Regional Group Home Commission, a public body
15 corporate established pursuant to Virginia Code 916.1-315, et seq., ("TRGHC")
16 desires to lease 4,080 square feet of the Property (the "Premises"). TRGHC has
17 agreed to lease the Premises from the City for one year, with four optional one-
18 year renewals, with a lease payment of One Dollar ($1.00) per year.
19
20 WHEREAS, City Council approved a similar lease of the Premises to
21 TRGHC on February 8, 2008, and TRGHC has leased the Premises from the
22 City for approximately 30 years;
23
24 WHEREAS, TRGHC desires a new lease so that it can change the use of
25 the Premises from a transitional living program house for youthful offenders
26 between the ages of seventeen and twenty-one to providing residential housing
27 for juvenile offenders between the ages of twelve and seventeen.
28
29 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
30 OF VIRGINIA BEACH, VIRGINIA:
31
32 That the City Manager is hereby authorized to execute a lease for the term
33 of one year, with four optional one-year renewals, between TRGHC and the City,
34 for the Premises in accordance with the Summary of Terms attached hereto and
35 made a part hereof, and such other terms, conditions or modifications deemed
36 necessary and sufficient by the City Manager and in a form deemed satisfactory
37 by the City Attorney.
38
39 Adopted by the Council of the City of Virginia Beach, Virginia on the 9th
40 day of June ,2009.
II
II II
APPROVED AS TO LEGAL
SUFFICIENCY~ AD F__M---~)
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APPROVED AS TO CONTENT
CA11016
Ilvbgov.comldfs 1 lapplicationslcitylawprodlcycom321 WpdocslDO 11 IP0051000 12241.DOC
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June 1 , 2009
2
II
II !I
"
SUMMARY OF TERMS
LEASE FOR THE USE OF 4,080 SQUARE FEET OF
CITY REAL PROPERTY
LESSOR: City of Virginia Beach
LESSEE: Tidewater Regional Group Home Commission
PREMISES: Approximately 4,080 square feet of City property, including the existing
residence, located at 2293 Lynnhaven Parkway in the City of Virginia Beach
TERM: July 1, 2009 through June 30,2010.
RENEWAL: Four optional one-year terms.
TERMINATION: City may terminate at any time on thirty (30) days written notice to
Lessee.
RENT:
Rent shall be one dollar ($1.00).
RIGHTS AND RESPONSffiILITIES OF
TIDEWATER REGIONAL GROUP HOME COMMISSION:
. Offer a Boys Group Home, licensed by the Board of Juvenile Justice. This residential
unit will house boys 12-17 years of age and will not exceed 12 residents at any given
time. These boys have been referred from the Court Services Unit or Department of
Social Services and have not been incarcerated. Each person will stay an average of 4-6
months, the maj ority of the boys remain in custody of their parenti guardian with the goal
of returning back home upon successful completion of the program.
. Will keep, repair, and maintain the Premises at its expense and will do so in a
workmanlike manner.
. Will maintain commercial general liability insurance coverage with policy limits of not
less than one million dollars ($1,000,000) combined single limits per occurrence, issued
by an insurance company licensed to conduct the business of insurance in Virginia. Such
insurance shall name the City of Virginia Beach as an additional insured. Lessee shall
provide a certificate evidencing the existence of such insurance.
· Will assume the entire responsibility and liability for any and all damages to persons or
property caused by any act or omission of the Lessee or its agents, etc. associated with
the use of the Premises.
· Will comply with all applicable laws, ordinances, and regulations in the performance of
its obligations under the Lease, including Virginia Beach Code Section 23-59.
II
II II
RIGHTS AND RESPONSIBILITIES OF
THE CITY:
. Will have access to the Premises at any time, without prior notice, in the event of an
emergency.
. Will have the right to require Tidewater Regional Group Home Commission to surrender
possession and control of the Premises to the City upon forty-eight (48) hours notice in
the discharge of its powers, purposes, or responsibilities.
. Will have the right to grant easements and rights of way across, in, under and through the
Premises for streets, alleys, public highways, drainage, and other similar purposes.
V :\applications\citylawprod\cycom32\ Wpdocs\D027\P002\00036 I 12 .DOC
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- 25 -
Item V-J.4.
RESOLUTIONS/ORDINANCES
ITEM # 58911
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to GRANT permits allowing certain Emergency Medical
Service (EMS) agencies to operate in the City of Virginia Beach:
a. American Lifeline Medical Transport, Inc.
b. Children's Hospital of the King's Daughters Transport Team
c. Life Evac Virginia
d. Medical Transport
e. Mid-Atlantic Regional Ambulance, Inc.
f. Eastern Shore Ambulance Service
g. Nightingale Regional Air Ambulance
h. Special Event Providers of Emergency Medicine
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, 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:
None
Item V-J.5.
June 9, 2009
II II II
1 AN ORDINANCE TO GRANT PERMITS ALLOWING
2 CERTAIN EMERGENCY MEDICAL SERVICES
3 AGENCIES TO OPERATE IN THE CITY OF VIRGINIA
4 BEACH
5
6 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates
7 an emergency medical services agency or any emergency medical services vehicle within
8 the City must first obtain a permit from City Council, and such permits must be renewed on
9 an annual basis; and
10
11 WHEREAS, applications for permit renewals have been received by the following
12 agencies: Eastern Shore Ambulance, American Lifeline Medical Transport, Inc., Mid-
13 Atlantic Regional Ambulance, Inc., Children's Hospital of the King's Daughters Transport
14 Team, Life Evac Virginia, Special Event Providers of Emergency Medicine, Nightingale
15 Regional Air Ambulance, and Medical Transport, L.L.C.; and
16
17 WHEREAS, the above-listed private ambulance agencies perform services not
18 provided by the City's volunteer rescue squads, such as non-emergency inter-facility
19 transports, which include both basic and advance life support calls.
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
22 VIRGINIA BEACH;
23
24 1. That the City Council hereby grants Emergency Medical Services permits to the
25 following agencies:
26
27 Eastern Shore Ambulance, American Lifeline Medical Transport, Inc., Mid-
28 Atlantic Regional Ambulance, Inc., Children's Hospital of the King's
29 Daughters Transport Team, Life Evac Virginia, Special Event Providers of
30 Emergency Medicine, Nightingale Regional Air Ambulance, and Medical
31 Transport, L.L.C..
32
33 2. That these permits shall be effective from July 1, 2009 until June 30, 2010.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day
of June , 2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
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Emergency Medical Services
CA 1114 1
R-2
May 29,2009
II
II II
- 26-
Item V-J. 5.
RESOLUTIONS/ORDINANCES
ITEM # 58912
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer. City Council ADOPTED:
Ordinances to ACCEPT, APPROPRIATE and TRANSFERfunds:
a. 11,129,836 from Princess Anne Road - Phase IV to Nimmo
Parkway - Phase V-A within the FY 2009-10 Capital Budget
b. $1,036. 910from FEMA to the Fire Department's VA-TF2
Urban Search and Rescue Team re emergency preparedness
c. $322,161 from Opportunity Inc. through the American
Recovery and Reinvestment Act (ARRA) re Summer youth
employment within City departments
d. $15,000 from the City Beautification Fund to Parks and
Recreation re Japanese Miyazaki Garden renovation
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer. Barbara M Henley, Vice Mayor Louis R. Jones, 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:
None
June 9, 2009
II II II
1 AN ORDINANCE TO TRANSFER FUNDS FROM CIP # 2-
2 305, PRINCESS ANNE ROAD - PHASE IV, TO CIP # 2-121,
3 NIMMO PARKWAY - PHASE V-A, WITHIN THE FY 2009-10
4 CAPITAL BUDGET
5
6 WHEREAS, VDOT will be allocating $16,700,000 in additional American
7 Recovery and Reinvestment Act of 2009 funding to CIP #2-305, Princess Anne Road -
8 Phase IV, which allows for the reallocation of funding within the FY 2009-10 Capital
9 Improvement Program.
10
11 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 That $11,129,836 is hereby transferred from CIP #2-305, Princess Anne Road -
15 Phase IV, to CIP #2-121, Nimmo Parkway - Phase V-A, in the FY 2009-10 Capital
16 Budget.
Adopted by the Council of the City of Virginia Beach, Virginia, on the !J!:! day
ofOZ'~ ,2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Dwu.\
Ci:J2"~.
Management Services
CA 11152
R-1
May 27, 2009
II II II
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FROM THE U.S. DEPARTMENT OF
3 HOMELAND SECURITY TO THE FY 2009-10
4 OPERATING BUDGET OF THE FIRE DEPARTMENT
5
6 BE 'T ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 1) Funds are hereby accepted from the U.S. Department of Homeland Security,
10 Federal Emergency Management Agency, for the FY 2009-10 Cooperative Agreement
11 Grant for continued operation of the Virginia Task Force 2 Urban Search and Rescue
12 Team in the amount of $1,036,910, and appropriated, with estimated federal revenues
13 increased accordingly, to the FY 2009-10 Fire Department Operating Budget; and
14
15 2) As a condition of continued grant funding for the duration of the grant, 3.25
16 positions, including two full-time positions (FEMA Program Manager and Account Clerk)
17 and two part-time positions (Training Manager and Logistics Manager totaling 1.25
18 FTE'S), are approved and maintained in the FY 2009-10 Operating Budget and the Fire
19 Department.
Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day
of June , 2009.
Requires an affirmative vote by a majority of all the members of City Council.
Approved as to Content:
Approved as to Legal
Sufficiency:
B~Q.~
Management Services l
~-
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City A orney's O~ice
CA11143
R-2
May 26, 2009
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 2. That, subsequent to approval of the Memorandum of Understanding
22 (MOU) by the City Attorney, the City Manager or his designee is hereby authorized to
23 execute the MOU with Opportunity Inc. to provide a summer youth work experience
24 program. A summary of the material terms of the MOU is attached hereto.
25
26
27
II II
AN ORDINANCE TO ACCEPT AND APPROPRIATE
FUNDS TO THE FY 2008-09 OPERATING BUDGET
OF THE DEPARTMENT OF HUMAN RESOURCES
FROM OPPORTUNITY INCORPORATED OF
HAMPTON ROADS
WHEREAS, the City of Virginia Beach desires to provide a summer youth jobs
program for up to 138 youth ages 14 to 24 years for eight weeks during 2009; and
WHEREAS, the cost of such program would be funded through money received
by the City of Virginia Beach from Opportunity Incorporated of Hampton Roads
(Opportunity Inc.) as part of the American Recovery and Reinvestment Act (ARRA).
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That $322,161 is hereby accepted and appropriated, with federal revenue
increased accordingly, to the Department of Human Resources to fund a summer youth
work experience program; and
Adopted by the Council of the City of Virginia Beach, Virginia on the 9 th
of June, 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:
s(
~~- /
Ity A orney's Office
CA11150
R-2
May 27,2009
II
II II
Summary of Agreement between
City of Virginia Beach ("City")
and
Opportunity Incorporated of Hampton Roads ("Opportunity Inc.")
SUMMARY OF MATERIAL TERMS
Purpose:
This Memorandum of Understanding would provide federal funds
authorized under the Workforce Investment Act ("WIA") and the
American Recovery and Reinvestment Act ("ARRA") to the City for the
operation of a summer work experience program for eligible youth.
Term:
The agreement shall be in effect from the date of execution and conclude
on September 30,2009 (with the work experiences extending from June
29,2009 to August 21,2009, a period of8 weeks).
Responsibilities of the City:
. Recruit youth to participate in the program and determine, verify and document
program eligibility.
. The City would have a goal of placing 138 youth in the program.
. Identify worksites, develop participant job descriptions, assign youth to specific
worksites, conduct supervisor and participant training and orientations and
coordinate the program throughout the summer months. All worksites are
required to be safe and meet all WIA and ARRA requirements.
. Conduct work readiness training and related pre and post assessments for
participants.
. Maintain a payroll system and make direct payments to participants.
. Develop an Individual Service Strategy for each participant.
. Provide reporting regarding participants and programmatic activities.
Responsibilities of Opportunity Inc.:
. Provide up to an overall amount of $322,161. Of this amount, up to $280,140 is
available for direct payments to youth participants, plus any additional
expenditure(s) that may be required by any federal, state or local jurisdiction in
regards to these payments. The remaining amount of up to $42,021 is available
for operational costs, including participant work readiness training.
. Provide oversight of the program. However, the oversight will not disrupt any
programmatic activities and prior notice will be provided.
II
II II
1 AN ORDINANCE TO APPROPRIATE FUNDS FROM
2 FUND BALANCE IN THE CITY BEAUTIFICATION
3 FUND TO THE FY 2008-09 OPERATING BUDGET OF
4 THE DEPARTMENT OF PARKS AND RECREATION
5
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That $15,000 of fund balance from the City Beautification Fund is hereby
11 appropriated, with local revenue increased accordingly, to the FY 2008-09 Operating
12 Budget of the Department of Parks and Recreation for landscaping on public property.
13
14 Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day
15 of June , 2009.
16
17 Requires an affirmative vote by a majority of all the members of City Council.
D~O~
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY:
APPROVED AS TO CONTENT:
Q
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City Att . ney s Office
CA11145
R-2
May 26, 2009
Ii
1II1
- 27-
Item V-K
PLANNING ITEM # 58913
1. NANCY SAUNDERS and NONCONFORMING STRUCTURE
WALTER P. ADAMS, JR.
2. TPK INVESTMENTS CORP. NONCONFORMING STRUCTURE
and CLINT USONIS
3. MEMBERS TRUST CREDIT UNION MODIFICATION OF CONDITIONS
(APPROVED September 22, 1998)
4. HEARTS 4 KIDS CHILDCARE CONDITIONAL USE PERMIT
5. EASTERN ACADEMY OF MIXED MARTIAL
ARTS,INC.
CONDITIONAL USE PERMIT
6. HYBRID ACADEMY OF MARTIAL ARTS
CONDITIONAL USE PERMIT
7. PUNGO AIRFIELD, LLC
CONDITIONAL USE PERMIT
8. MANNY VARELA, CENTRES
BFS NORTHEAST, LLC
CONDITIONAL USE PERMIT
9. ENDEA VOR ENTERPRISES, LLC
CONDITIONAL CHANGE OF ZONING
June 9,2009
II II II
- 28 -
Item v'K.
PLANNING
ITEM # 58914
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE
MOTION Items 1 (ALTERNATIVE VERSION), 2,3, 4, 5, 6, 7 (DEFERRED), 8 and 9 of the
PLANNING BY CONSENT AGENDA.
Item K.I. (SAUNDERS and ADAMS NONCONFORMING STRUCTURE) Alternate Version with
Revised Conditions shall be APPROVED, BY CONSENT
Item K. 7. (PUNGO AIRFIELD, LLC) shall be DEFERRED, BY CONSENT, until the City Council
Session of July 7, 2009.
Item K9. (ENDEA VOR ENTERPRISES, LLC) shall be DEFERRED, BY CONSENT, until the City
Council Session of July 14, 2009.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones. 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:
None
Vice Mayor Jones DISCLOSED re Item L.6. (HYBRID ACADEMY OF MARTIAL ARTS) Conditional
Use Permit for an indoor recreational facility at 3636 Virginia Beach Boulevard. Suite 115. Vice Mayor
Jones owns property next to this application; however. the City Attorney has advised Vice Mayor Jones
may vote as he does not have an economic interest.
June 9, 2009
II
II !I
- 29-
Item V.K.l.
PLANNING
ITEM # 58915
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED with
REVISED CONDITIONS, ALTERNATE VERSION of the Resolution re application of NANCY
SAUNDERS and WALTER P. ADAMS, JR. for an Exvansion of a Nonconforminf! Structure re a
covered front porch and two-story addition at 107 85th Street
RESOLUTION AUTHORIZING THE EXPANSION OF A
NONCONFORMING USE UPON APPLICATION OF NANCY
SAUNDERS AND WALTER P. ADAMS, JR. FOR AN EXPANSION
OF A NONCONFORMING STRUCTURE RE A COVERED FRONT
PORCH AND TWO-STORY ADDITION AT 107 85TH STREET
Resolution authorizing the Expansion of a Nonconforming Use upon
application of NANCY SAUNDERS and WALTER P. ADAMS, JR. for
an Expansion of a Nonconforming Structure re a covered front porch
and two-story addition at 107 85th Street,( GPIN: 25105087170000)
DISTRICT 5 - LYNNHA VEN
The following conditions shall be required:
1. When the dwelling is remodeled, the exterior improvements for the decking, screened-in porch and
exterior stairs shall be as substantially depicted on the elevations entitled, "Porch Addition Plans,
107-85th Street, Virginia Beach, VA," prepared by Cleghorn Design Services, dated 3/30/09,
except as specified below:
a. The first floor deck may be screened-in, but may not be fully enclosed as
living space or heated or air-conditioned. The second floor deck may not
be screened-in or enclosed as living space.
b. The two-story spiral stairs proposedfor the east side of the decks shall
not encroach into the side yard 8-foot setback as shown on the submitted
plan. Any proposed stairway shall be constructed within the normal
building envelope and shall meet the side yard setback.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, 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:
June 9,2009
II II II
1 ALTERNATE VERSION
2 REQUIESTED BY COUNCILMEMBER JAMES L. WOOD
3
4
5
6 A RESOLUTION AUTHORIZING THE
7 ENLARGEMENT OF A NONCONFORMING
8 STRUCTURE ON PROPERTY LOCATED AT
9 107 85th STREET
10
11 WHEREAS, Nancy Saunders (hereinafter the "Applicant") has made application
12 to the City Council for authorization to enlarge a nonconforming structure by making
13 additions to a single-family dwelling that is nonconforming as to the front yard setback
14 on a lot or parcel of land having the address of 107 85th Street, in the R-5R Residential
15 Zoning District;
16
17 WHEREAS, the said structure is nonconforming, as the dwelling does not meet
18 the setback requirements for the R-5R Residential Zoning District and was constructed
19 prior to the adoption of the applicable regulations; and
20
21 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
22 enlargement of a nonconforming structure is unlawful in the absence of a resolution of
23 the City Council authorizing such action upon a finding that the proposed structure, as
24 enlarged, will be equally appropriate or more appropriate to the zoning district than is
25 the existing structure;
26
27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
30 That the City Council hereby finds that the proposed structure, as enlarged, will
31 be equally appropriate to the district as is the existing structure under the conditions of
32 approval set forth hereinbelow.
33
34 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
35 BEACH, VIRGINIA:
36
37 That the enlargement of the nonconforming structure is hereby authorized, upon
38 the following conditions:
39
40 1. When the dwelling is remodeled, the exterior improvements for the
41 decking, screened-in porch, and exterior stairs shall be as substantially
42 depicted on the elevations entitled, "Porch Addition Plans, 107-85th
43 Street, Virginia Beach, VA," prepared by Cleghorn Design Services, dated
44 3/30/09, except as specified below.
45
46
47
48
49
50
51
52
53
54
55
56 of
II
II !I
2. The first floor deck may be screened-in, but may not be fully enclosed as
living space or heated or air-conditioned. The second floor deck may not
be screened-in or enclosed as living space.
3. The two-story spiral stairs proposed for the east side of the decks shall not
encroach into the side yard 8ft setback as shown on the submitted plan.
Any proposed stairway shall be constructed within the normal building
envelope and shall meet the side yard setback.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day
June , 2009.
APPROVED AS TO LEGAL SUFFICIENCY:
Ci~~(jd1:t o/1lvW
APPROVED AS TO CONTENT:
CA11148
R-2
June 9, 2009
REQUEST:
Chanqe to a Nonconforminq Structure
ADDRESS I DESCRIPTION: 107 85th Street
GPIN:
25105087170000
ELECTION DISTRICT:
L YNNHA VEN
II II
June 9, 2009 City Council Meeting
APPLICANT & PROPERTY OWNER:
NANCY
SAUNDERS
STAFF PLANNER: Carolyn A.K. Smith
SITE SIZE: AICUZ:
Approximately 7,600 Less than 65 dB DNL
square feet
SUMMARY OF REQUEST
The applicant requests to modify an existing legal
nonconforming structure that encroaches into the front yard setback. The setback is nonconforming as it
does not meet the current setback requirement for the R-5R Resort Residential District. The applicant
desires to modify the structure by enclosing the existing ground floor porch with a screened porch and
adding an exterior staircase for access from the 1st floor deck to the proposed 2nd floor deck. The building
plans also depict removing two (2) existing windows along the front fac;ade and replacing them with
sliding glass doors. A portion of the home, built in 1912, is located within the 20 foot front yard setback
required by the R-5R Residential District. The existing front fac;ade of the dwelling is located
approximately 16 feet from the right-of-way. The proposed modification will not result in any additional
encroachment into the setback.
The submitted site plan depicts a two (2) story, 1,200 square foot single-family dwelling with a small deck
on the rear of the building, a small shed in the back yard, and a concrete parking pad parallel to 85th
Street.
NANCY SAUNDERS
June 9,2009 City Council Meeting
Page 1
1II1
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Single-family dwelling
SURROUNDING LAND
USE AND ZONING:
North:
South:
.
Single-family home / R-7.S Residential District
8Sth Street
Single-family home / R-7.S Residential District
Single-family home / R-7.S Residential District
Single-family home / R-7.S Residential District
.
.
East:
West:
.
.
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is located within a block of the Atlantic Ocean. There do not
appear to be any significant environmental or culturally significant
features on this site.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Atlantic
Avenue is a four-lane undivided minor urban arterial. There are no current CIP projects in this segment of
Atlantic Avenue or for 8Sth Street.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Atlantic Avenue 2,700 ADT 1 14,800 ADT 1 (Level of Existing Land Use L - 10
Service "CH) - 27,400 ADT
ADT 1 (Level of Service Proposed Land Use 3 - 10
"E") ADT
Average Daily Trips
2 as defined by single family dwelling
3 no change as no additional dwellinq proposed
WATER & SEWER: This site is already connected to both City water and City sewer.
Staff recommends approval of this
request.
EVALUATION AND RECOMMENDATION
The home, built in 1912, is located within the 20 foot front yard setback required by the R-SR Residential
District. The existing front fagade of the dwelling is located approximately 16 feet from the right-of-way.
The proposed improvements, enclosing the ground floor porch with a screened porch and adding an
NANCY SAUNDERS
June 9, 2009 City Council Meeting
Page 2
1111
exterior staircase for access from the 15t floor deck to the proposed 2nd floor deck, are reasonable, and
the proposed modifications will not result in any additional encroachment into the setback.
Staff concludes that the proposed modification is reasonable, will have a minimal impact, and will be as
appropriate to the existing residential neighborhood as the existing non-conforming structure. The design
of the proposed modifications blend with the existing structure, and the residential use will remain the
same. The request, therefore, is acceptable as submitted, subject to the condition below.
CONDITIONS
1. When the dwelling is remodeled, the exterior improvements for the decking, screened-in porch, and
exterior stairs shall be as substantially depicted on the elevations entitled, "Porch Addition Plans, 107-
85th Street, Virginia Beach, VA," prepared by Cleghorn Design Services, dated 3/30/09.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
NANCY SAUNDERS
June 9, 2009 City Council Meeting
Page 3
11I1
AERIAL OF SITE LOCATION
NANCY SAUNDERS
June 9,2009 City Council Meeting
Page 4
II
II II
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NANCY SAUNDERS
June 9, 2009 City Council Meeting
Page 5
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NANCY SAUNDERS
June 9, 2009 City Council Meeting
Page 6
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NANCY SAUNDERS
June 9,2009 City Council Meeting
Page 7
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Non-Conforming Use
06/26/89
Granted
1
04/23/02
2
Denied
ZONING HISTORY
NANCY SAUNDERS
June 9, 2009 City Council Meeting
Page 8
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IEC:_L..c>SURE STATEMENT
J
APPLICANT DISCLOSURE
If the applicant IS a corporation partnership firm, bUSiness. or other unincorporated
organization. complete the following.
1 List the applicant name followed by lt1e names of all officers. members. trustees,
partners etc below (Attach list If Ilecessary)
,', ;,,,
1 . ")
2 List all bUSinesses that have a parent-subsidiary or affiliated bUSiness entity'
relationship with the applicant (Attach/1st If IlAcessaryJ
.../L
d Check here If the applicant IS NOT a corporation partnership firm. bUSiness. or
other urlIncorporated organization
PROPERTY OWNER DISCLOSURE
COIT/plete this sect/on only if property owner is different from appl/cant
If the property owner IS a corporation, partnership. firm. business or other
unincorporated organization. complete the follOWing
1 List the property owner name followed by the names of all officers members
trustees. partners. etc below (AttAch list If nAu1ssaryl
2 List all bUSinesses that have a parent-subsidiary 1 or affiliated bUSiness entlt/
relationship With the applicant (Attac/1Ifst/f nocossDlyJ
o Check here If the property owner IS NOT a corporation partnership flrrn
bUSiness, or other unincorporated organization
j '1 . _..w..__._.._u.._.~:-~__.~_~___________
& ' See next page for footnotes
Does an offiCial or employee of the City of Virginia Beach have an mterest In the
subject land? Yes No
If yes what IS the name of the offir.lal or pmployeE' and the nature of their Interest?
NI)!! f:~vnhrf1::n~~ 1):,(' t\JJpllC.i.lklil
P-t:;e 8 \:1 ']
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NANCY SAUNDERS
June 9, 2009 City Council Meeting
Page 9
]
II DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services. financial services, accounting services. and legal
services (Attach list if necessary)
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, 'Parent-subsidiary relationshi p' means 'a relationship that eXists when one
corporation directly or Indirectly owns shares possessing more than 50 percent of the voting
power of another corporation" See State and Local Government Conflict of Interests Act. Va
Code S 2 2-3101
,"Afflliated business entity relationship' means 'a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest In the other business entity, (ii) a controlling ow ner in one entity is also a controlling
owner in the other entity. or (iii) there IS shared management or control between the business
entities. Factors that should be con sidered in determining the eXistence of an affiliated
business entity relationship incl ude that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
bUSiness entities share the use of the same offices or employees or otherwise share actiVities,
resources or personnel on a regular basis; or there is otherwise a close working relations hip
between the entities.' See State and Local Government Conflict of Interests Act, Va. Code S
22-3101
CERTIFICA TION: I certify that the Information contained herein is true and accurate
I understand that. upon receipt of notification (postcard) that the application has been scheduled for
publiC hearing. I am responsible for obtaining and posting the reqUlfed sign on the subject proper1y at
least 30 days prior to the scheduled public hearing according to the instructions In thiS package The
underSigned also consents to entry upon the subject property by employees of the Depar1ment of
Plallnlng to photograph and view the site for purposes of processlllg and evaluating thiS application
; I ,,!' j.l
~nts Signature
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Print Name
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Property Owner'~ Signature (If different than applicant)
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Non,Contonninq Use }\ppllc~11Ion
Page 9 of 9
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NANCY SAUNDERS
June 9, 2009 City Council Meeting
Page 10
II
II II
- 30 -
Item V.K.2.
PLANNING
ITEM # 58916
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Resolution
re application of TPK INVESTMENTS CORP. and CLINT USONIS for an Expansion of a
Nonconforminf! Structure re a porch enclosure, exterior stairs, decking and a two-story addition at 844
Dwyer Road, PRINCESS ANNE DISTRICT:
RESOLUTION RE APPLICATION OF TPK INVESTMENTS CORP.
AND CLINT USONIS FOR AN EXPANSION OF A
NONCONFORMING STRUCTURE RE A PORCH ENCLOSURE,
EXTERIOR STAIRS, DECKING AND A TWO-STORY ADDITION AT
844 DWYER ROAD
Resolution re application of TPK INVESTMENTS CORP. and CLINT
USONIS for an Expansion of a Nonconforming Structure re a porch
enclosure, exterior stairs, decking and a two-story addition at 844 Dwyer
Road (GPIN:24I58422880000)
DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required;
1. The proposed addition shall be constructed substantially in accordance with the submitted site plan
entitled "Exhibit Showing Proposed Addition Lot 5, #844 Dwyer Road as shown on Plat
Combining Lots 1, 2, 3, 4 and 5 Belonging to Archie R. & Florence L. Fulford", dated 02 - 15 - 09
and prepared by Michael Rheinhart Land Surveyor. Said plan has been exhibited to the City of
Virginia Beach City Council and is onjile in the Planning Department.
2. The proposed addition shall be constructed substantially in accordance with the submitted
elevation plans entitled "Va. Beach House Diamond Custom Homes Sheet 1.1 ", dated 1/26/09 and
prepared by Boathouse Creek Graphics, Inc. Said plans have been exhibited to the City of Virginia
Beach City Council and are onjile in the Planning Department.
3. The applicant shall remove existing accessory structures located on the site per the Department of
Housing and Neighborhood Preservation / Code Enforcement. Any future new accessory structures
shall be reviewed by the Department of Planning / Zoning Office to insure setback requirements
are met.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, 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:
None
June 9, 2009
II II II
1 A RESOLUTION AUTHORIZING THE
2 ENLARGEMENT OF A NONCONFORMING
3 STRUCTURE ON PROPERTY LOCATED AT
4 844 DWYER ROAD
5
6 WHEREAS, TPK Investments Corporation (hereinafter the "Applicant") has made
7 application to the City Council for authorization to enlarge a nonconforming structure by
8 making additions to a single-family dwelling that is nonconforming as to setbacks on a
9 lot or parcel of land having the address of 844 Dwyer Road, in the AG-2 Agricultural
10 Zoning District;
11
12 WHEREAS, the said structure is nonconforming, as the dwelling does not meet
13 the setback requirements for the AG-2 Agricultural Zoning District and was constructed
14 prior to the adoption of the applicable regulations; and
15
16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
17 enlargement of a nonconforming structure is unlawful in the absence of a resolution of
18 the City Council authorizing such action upon a finding that the proposed structure, as
19 enlarged, will be equally appropriate or more appropriate to the zoning district than is
20 the existing structure;
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That the City Council hereby finds that the proposed structure, as enlarged, will
26 be equally appropriate to the district as is the existing structure.
27
28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
29 BEACH, VIRGINIA:
30
31 That the enlargement of the nonconforming structure is hereby authorized, upon
32 the following conditions:
33
34 1. The proposed addition shall be constructed substantially in accordance
35 with the submitted site plan Entitled "Exhibit Showing Proposed Addition
36 Lot 5, #844 Dwyer Road as shown on Plat Combining Lots 1, 2, 3, 4 & 5
37 belonging to Archie R. & Florence L. Fulford," dated February 15, 2009
38 and prepared by Michael Rheinhart Land Surveyor. Said plan has been
39 exhibited to the City of Virginia Beach City Council and is on file in the
40 Planning Department.
41
42 2. The proposed addition shall be constructed substantially in accordance
43 with the submitted elevation plans entitled "Va. Beach Housing Diamond
44 Custom Homes Sheet 1.1," dated January 26, 2009 and prepared by
45 Boathouse Creek Graphics, Inc. Said plans have been exhibited to the
II 1III
46 City of Virginia Beach City Council and are on file in the Planning
47 Department.
48
49 3. The applicant shall remove existing accessory structures located on the
50 site per the Department of Housing and Neighborhood Preservation/Code
51 Enforcement. Any future new accessory structures shall be reviewed by
52 the Department of Planning/Zoning Office to insure setback requirements
53 are met.
54
55
56 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day
57 of June , 2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
I /
City Attorney's Office
CA11147 R-1 May 26, 2009
II
II II
June 9, 2009 City Council Meeting
APPLICANT:
TPK
INVESTMENTS
CORPORA TION
PROPERTY OWNER:
CLINT USONIS
STAFF PLANNER: Karen Prochilo
REQUEST:
Alteration and Enlarqement to a Nonconforminq Structure
ADDRESS I DESCRIPTION: 844 Dwyer Road.
GPIN:
24158422880000
ELECTION DISTRICT:
PRINCESS ANNE
SITE SIZE:
18,967 square feet
AICUZ:
70 - 75 dB DNL
surrounding Oceana
SUMMARY OF REQUEST
The applicant desires to make alterations to a one-story single-
family dwelling built in 1945. As the structure was built in 1945 on Agriculturally zoned land, the setbacks
are nonconforming since they do not meet the current required setbacks for the AG-2 Agricultural District.
The applicant proposes to add a covered front porch along a portion of the front of the home and a two-
story addition to the rear. The alterations and addition are required to meet yard setbacks; however, in
this case, the existing structure is already within the required setbacks (see table below). Meeting the
setbacks is not possible. Since the setback is nonconforming, City Council approval is needed to allow
construction to proceed.
In March of 2009 the existing structure was cited by the Department of Housing and Neighborhood as
unsafe or unfit for habitation and the use or occupancy was prohibited. The applicant, who is the new
property owner, proposes the renovations as part of an overall plan to bring the structure into compliance
TPK INVESTMENTS CORPORATION
June 9, 2009 City Council Meeting
Page 1
II
II II
with the Building and Housing Codes. The alterations proposed are consistent in design with the
traditional style homes in the neighborhood.
Current Requirement Current Building
Minimum Lot Area 1 acre 0.44 acre
Minimum Lot Width 150 feet 100.0 feet
Front Yard Setback 50 feet 30.5 feet
Side Yard Setback 20 feet 17. 1 feet
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Single-family dwelling
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
. Single-family dwellings / AG-2 Agricultural District
. Single-family dwellings / AG-2 Agricultural District
. Across Dwyer Road, single-family dwellings / R-7.5 Residential
District
. Ocean Lakes Elementary School / R-7.5 Residential District
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no known significant natural resources or cultural features
associated with the site.
IMPACT ON CITY SERVICES
City services are not impacted by the request.
HOUSING AND NEIGHBORHOOD PRESERVATION CODE ENFORCEMENT: The property is currently
placarded as unsafe due to the main structure being vacant and open to the public in the past. The main
structure, numerous accessory structures, and the fencing are in disrepair. The site has been cited in the past
for inoperable vehicles and accumulation of junk and debris. Most of the accessory structures need to be
removed because of their current state of disrepair. This proposal would benefit the neighborhood and lower
the chance for the constant necessity of Code Enforcement action on the property.
EVALUATION AND RECOMMENDATION
Staff recommends approval of the
request of an enlargement to the residential structure subject to the conditions below.
TPK INVESTMENTS CORPORATION
June 9, 2009 City Council Meeting
Page 2
II
1II1
This residential structure was built in 1945. The setbacks for the existing structure are 30.5 feet from the
front property line and 17.1 feet from a side property line, which do not meet our current requirements of
the City Zoning Ordinance for structures in the AG-2 Agricultural District. This residential structure is
therefore, nonconforming in regard to setbacks. The applicant desires to add a covered front porch and a
two-story addition to the rear. Since the setbacks are nonconforming, City Council approval is necessary
before the applicant can proceed with the proposal.
Staff concludes that the proposed enlargement is reasonable, will have a minimal impact, and will be as
appropriate to the existing residential neighborhood as the existing non-conforming use. The design of
the proposed addition and porch blends in with the existing structure, and the residential use will remain
the same. The request, therefore, is acceptable as submitted, subject to the conditions below. Staff
recommends approval of this request.
CONDITIONS
1. The proposed addition shall be constructed substantially in accordance with the submitted site plan
entitled "Exhibit Showing Proposed Addition Lot 5, #844 Dwyer Road as shown on Plat Combining
Lots 1, 2, 3, 4 & 5 Belonging to Archie R. & Florence L. Fulford", dated 02 - 15 - 09 and prepared by
Michael Rheinhart Land Surveyor. Said plan has been exhibited to the City of Virginia Beach City
Council and is on file in the Planning Department.
2. The proposed addition shall be constructed substantially in accordance with the submitted elevation
plans entitled "Va. Beach House Diamond Custom Homes Sheet 1.1", dated 1 /26/09 and prepared by
Boathouse Creek Graphics, Inc. Said plans have been exhibited to the City of Virginia Beach City
Council and are on file in the Planning Department.
3. The applicant shall remove existing accessory structures located on the site per the Department of
Housing and Neighborhood Preservation / Code Enforcement. Any future new accessory structures
shall be reviewed by the Department of Planning / Zoning Office to insure setback requirements are
met.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
TPK INVESTMENTS CORPORATION
June 9, 2009 City Council Meeting
Page 3
II 11I1
AERIAL OF SITE LOCATION
TPK INVESTMENTS CORPORATION
June 9, 2009 City Council Meeting
Page 4
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TPK INVESTMENTS CORPORATION
June 9, 2009 City Council Meeting
Page 5
Ii 11I1
PHOTOGRAPH OF EXISTING DWELLING
TPK INVESTMENTS CORPORATION
June 9, 2009 City Council Meeting
Page 6
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June 9, 2009 City Council Meeting
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June 9, 2009 City Council Meeting
Page 8
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ZONING HISTORY
TPK INVESTMENTS CORPORATION
June 9,2009 City Council Meeting
Page 9
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APPLICANT DISCLOSURE
If the applicant IS a corporation partnership firm, business. or other unincorporated
organization, complete the following
1 list the applicant name followed by the names of all officers members trustees.
partners etc, below ((1l1ac/lllst If necessary)
..
2 List all businesses that have a parent-subSidiary' or affiliated buslfless entity-'
relationship With the applicant (Allach/lst ,I' necessary)
o Ci1eck ilere If the applicant IS NOT a corporation partnership firm. business or
oHler unincorporated organization
PROPERTY OWNER DISCLOSURE
Complete tlus section on/v If property owner IS different from applicant
If the property owner IS a corporation partnership firm busmess or other
unincorporated organization complete the following
1 List the property owner name followed by the names of all officers, members
trustees partners etc t)elow (Attaclllist If necessary)
~t "~__ .... _._
2 List all bUSinesses that have a parent subsidiary' or affiliated bUSiness entity'
relationship With the applicant (Attacll list if' necessary)
o Check tlere If the property owner IS NOT a corporalion partnership firm
buslf1ess or oHler unincorporated organization
& See n"xl f'J,'lge fm fnotnn,es
Does an offiCial or employee of the City of Virginia Beach have an Interest In the
subject land? Yes No
If yes wh;;jf IS ttlP namp of thp offlr.1;;jI or pmployee ;;jnrj the natllrp of thplr Intef'::>"!?
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TPK INVESTMENTS CORPORATION
June 9, 2009 City Council Meeting
Page 10
rrnsCLOSURE ST A TE~~~~.~c.=..J
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use including but not limited to the providers of architectural
services real estate services financial services accounting services and legal
services iAltach list If necessary)
_.._ ~_.J.-"":""__.k~___~_~_
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Parent Subsidiary relalionshlp' means a relationship that eXists when one
corporalion directly or mdirectly owns shares possessing more than fiO pelcent of the votlf1g
powel of another cotporatlon Sec' State and LocHI Government Conflict of Interests Act. Va
Code ~ 2 2,3101
'Affiliated bUSiness enlity relationship llleans'8 relationship other than parent-
subSidiary relationship. that eXists when (I) one huslness entity has a controlling ownerslllp
mterest III the other busll1ess entity (II) a controlling owner If1 one entity IS also a controllll1g
owner In the other entity or (III) there IS shared management or control between the bUSiness
entitles Faclors that should be conSidered In determining the eXlsti;r'/ce of <in affiliated
buslf1'~ss enlity relationship melude that the sallie person or substantially the same person
own Of manage the two entllies there are common or commingled funds or assets the
bllslfless entities share the use of the same otflces Of employees Ot otherwise share actlvllles
resources or personnel on a regular baSIS, 01 there IS otherwise a close workmg relatIOnship
between the entitles" See State and local Gnv81fllllent Conflict of Interests Act. Va Code S
22-3101
CERTIFICA TION: I certify that the Intormalion contained herein IS true and accurate
I understand that upon receipt of notlfir:atlon ipostcard) that the application has been scheduled fOI
public heanng I am responsible for obtaining and posting the reqlllred Sign on the subject propelly at
least 30 days pnor to the scheduled public Ileanng according to the Instructions In tillS package The
underSigned also consents to entry upon Ule subject property by employees of the Department of
Planning to photograph,fllld vle',1I the 51 Ie fOI purposes of pfOcesslll(j and eV>llu>ltIr19 fh,s application
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Pnnt Name
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Pnnt Name
N(i!i';<'~JnL; !~I!("',J \)!",~' /~l.J~!l',:al!Lrl
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TPK INVESTMENTS CORPORATION
June 9, 2009 City Council Meeting
Page 11
II
II II
- 31 -
Item v'K.3.
PLANNING
ITEM # 58917
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance
upon application of the MEMBERS TRUST CREDIT UNION for a Modification of Conditions. City
Council MODIFIED DEED RESTRICTIONS 1/2/3/4 re a two-story Credit Union, offices and a small
restaurant at Holland Road and South Independence Boulevard (approved by the City Council on
September 22, 1998),
ORDINANCE UPON APPLICATION OF MEMBERS TRUST
CREDIT UNION, FOR A MODIFICATION OF CONDITIONS AND
DEED RESTRICTIONS 1/2/3/4 RE A lWO-STORY CREDIT UNION,
OFFICES AND A SMALL RESTAURANT AT HOLLAND ROAD AND
SOUTH INDEPENDENCE BOULEVARD (APPROVED BY THE CITY
COUNCIL ON SEPTEMBER 22, 1998), ATTACHED TO A CHANGE
OF ZONING APPROVED BY THE CITY COUNCIL ON
SEPTEMBER 22, 1998
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA
Ordinance upon application of MEMBERS TRUST CREDIT UNION,
for a Modification of Conditions and DEED RESTRICTIONS 1/2/3/4
re a two-story Credit Union, offices and a small restaurant at Holland
Road and South Independence Boulevard (approved by the City Council
on September 22, 1998), attached to a Change of Zoning approved by
the City Council on September 22, 1998 (GPIN 14767884450004).
ROSE HALL DISTRICT
The following conditions shall be required:
1. An Agreement encompassing modified proffers shall be recorded with the Clerk of Circuit
Court and is hereby made a part of the record.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, 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:
None
June 9, 2009
, I'
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-7401
DATE: May 27,2009
FROM:
Mark D. Stiles \\.\
B. Kay Wilson~
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Amendment to Recorded Conditions and Restrictions
The above-referenced amendment is scheduled to be heard by the City Council on
June 9, 2009. I have reviewed the subject agreement, dated April 21, 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/ka
Enclosure
cc: Kathleen Hassen
, I
Prepared By and After
Recording, return to:
Kaufman & Canoles
P.O. Box 3037
Norfolk, VA 23514-3037
AMENDMENT TO RECORDED CONDITIONS AND RESTRICTIONS
THIS AMENDMENT TO RECORDED CONDITIONS AND RESTRICTIONS (this
"Amendment") is made as of the 21st day of April, 2009, by and between LAKE VIEW LAND,
L.L.C., a Virginia limited liability company (the "Seller); MEMBERSTRUST CREDIT
UNION, a Virginia corporation (the "Purchaser"); CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia
(the "Authority"); LAKEVIEW CORPORATE PARK CONDOMINIUM ASSOCIATION
(the "Association"); and MICHELS FAMILY LLC, a Virginia limited liability company (the
"Declarant-Owner"). Each of the. parties to this Amendment shall be indexed as both "Grantor"
and "Grantee".
RECIT ALS
A. The Seller and Declarant-Owner are the sole owners of the land condominium units
and common elements comprising Lakeview Corporate Park Land Condominium (the
"Condominium"), located in Virginia Beach, Virginia, and identified in Exhibit A attached
hereto and incorporated herein by this reference (collectively, the "Property"). Association is the
owners association created to operate, manage and oversee the Condominium. Purchaser is the
contract purchaser of the land condominium unit known as "Unit 3B", which unit comprises a
part of the Condominium and is currently owned by Seller.
GPIN No.:
1476-78-8445-0000
1476-78-8445-0001 (Unit I)
1476-78-8445-0002 (Unit 2A)
1476-78-8445-0003 (Unit 2B)
1476-78-8445-0004 (Unit 3B)
1476-78-8445-0005 (Unit 3A)
B. The Property is subject to conditions and restrictions (the "Conditions and
Restrictions") set forth in that certain Deed by and between Authority, as grantor, and Dec1arant-
Owner, as grantee, and recorded among the land records of the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia (the "Clerk's Office"), in Deed Book 4023, at page
183 (the "Deed").
C. The Conditions and Restrictions limit the Purchaser's intended use and
development of Unit 3B , and Purchaser, in order to proceed with its acquisition of Unit 3B,
requires that the Conditions and Restrictions be amended to permit its intended use and
development, and the parties, all of whom are either burdened by or benefit from the Conditions
and Restrictions, and all of whom will benefit from the Purchaser's proposed amendments, have
agreed to enter into and record an amendment to the Conditions and Restrictions, as set forth
herein.
D. The amendment of the Conditions and Restrictions, as set forth herein, were
reviewed and approved by (i) Authority at its meetings held on March 17,2009, and April 21,
2009, (ii) the City of Virginia Beach Planning Commission at its meeting held on
, 2009, and (iii) the City Council for the City of Virginia Beach at its meeting
held on ,2009, as required by the terms ofthe Conditions and Restrictions.
NOW, THEREFORE, for and in consideration ofTen and 00/00 Dollars ($10.00), cash in
hand paid, the foregoing premises, the mutual covenants and conditions herein set forth and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties hereto, intending to be legally bound hereby, agree as follows:
1. The recitals set forth above are incorporated herein by this reference.
2. All capitalized terms used herein and not otherwise defined shall have the
2
meanings set forth in the Conditions and Restrictions.
3. The Conditions and Restrictions are hereby amended as follows:
A. The term "Property" as used in the Conditions and Restrictions shall mean
the real property described in Exhibit A attached to this Amendment.
B. Section 1 of the Conditions and Restrictions is hereby deleted m its
entirety and replaced as follows: "Only the following uses permitted under the
present 1-1 (Light Industrial) zoning classification for the City of Virginia Beach,
Virginia shall be permitted on the Property: business, medical, financial, non-
profit, professional and similar office buildings; eating and drinking
establishments (without drive-through windows); printing, lithographic or
publishing establishments; office, distribution, warehousing, and production
studios and accessory uses. Additionally, the following uses shall be permitted on
Unit 3-B: a full-service financial institution with drive-throughs and A TMs."
C. Section 2 of the Conditions and Restrictions is hereby deleted in its
entirety and replaced as follows: "When the Property is developed, it shall be
developed substantially as shown on the conceptual site plan entitled,
"INDEPENDENCE CORPORATE PARK, VIRGINIA BEACH, VIRGINIA",
last revised February 27, 2009, prepared by CMSS Architects, P.c. (the 'Site
Plan'), which has been exhibited to the City Council for the City of Virginia
Beach, Virginia (the 'City Council') and is on file with the Virginia Beach
Department of Planning (the 'Planning Department'). It is recognized that with a
development of this size, to be built in phases, there needs to be flexibility in the
exact location of buildings, landscaping and other features. It is not the intent of
3
, I
this provision to prohibit changes so long as, in the reasonable opinion of the
Director of the Planning Department (the 'Planning Director'), the concept of the
development is acceptable and the impact of the development on adjoining
neighborhoods, streets and other features is not adversely affected."
D. Section 3 of the Conditions and Restrictions is hereby amended to add the
following: "The buildings depicted on the preliminary site plan for Unit 3B shall
have the general architectural design and appearance as depicted on the color
rendering dated February 27, 2009 (the 'Rendering'), which has been exhibited to
City Council and is on file with the Planning Department."
E. Section 4 of the Conditions and Restrictions is hereby deleted in its
entirety and replaced as follows: "The primary building materials used to
construct all visible exterior surfaces of all buildings located on the Property shall
be glass, granite, precast and poured in place concrete, brick and quality
architectural metal panels, with metal or slate type roofing (other than asphalt
shingles) permitted on any towers. Notwithstanding the preceding sentence, the
use of architectural metal panels is subject to approval by the Authority."
4. Sections A, B, C, D and E of the Conditions and Restrictions set forth on pages 8
through 14 of the Deed are hereby deleted.
5. Each of the parties to this Amendment represents and warrants that it has fill
power and authority to execute and deliver this Amendment and that any necessary consents or
approvals in connection therewith have been obtained.
4
6. This Amendment may be executed in one or more counterparts and all such
executed counterparts shall contain one agreement, binding on all the parties hereto,
notwithstanding that all the parties are not signatories to the original or the same counterpart.
7. This Amendment shall be recorded in the Clerk's Office within sixty (60) days
after the date set forth above in Recital D for the City Council meeting at which the foregoing
amendments of the Conditions and Restrictions were approved and shall be effective upon its
recordation in the Clerk's Office.
[The remainder of this page left blank intentionally.]
5
" II
WITNESS the following signatures and seals:
LAKE VIEW LA~, L.L.C.,
a Virginia limited lia ility company
( \' \ \
By:' .,'_....-'"_--... ..~-^~.
Name: ~thony P. Nero
Title: Manager
[SEAL]
COMMONWEAL TH OF VIRGINIA
AT LARGE
,.-It The foreg i ~ strument was acknowledged before me in Virginia Beach, Virginia, this
~ day of ,2009, by Anthony P. Nero, as the Manager of Lake View
Land, L.L.C., a Virginia limited liability compan , on its behalf. He [!1' s personally known to
me or 0 has produced as idenf 1 ti . ~,\,\\"'III"""
~..,\\\ x\ ROSS ,'~"'#.
$'.n..l" ......... Y/.","~
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= : REG. # 221082: i
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[AFFIX:: ~ V COMM, EXP. ,.: ~ i
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Notary Public
My commission expires: ~ 'l (, ;Jf),;)
Registration No. c9~lOr~
[Signatures and notary attestations continue on page immediately following. The remainder' of
this page left blank intentionally.]
6
COMMONWEALTH OF VIRGINIA
AT LARGE
The foregoing instrument was acknowledged before me in /IIt/ltF,L./L- ,
Virginia, this ~ day of Prp'll ( , 2009, by MI~G-L, :T. 6,I.I.ID4, as the
pea. lOWiT I t,€v of membersTrust Credit Union, a Virginia corporation, on its behalf.
He/She lXI is personally known to me or 0 has produced as identification.
My commission expires: '3/~,JJ{)
Registration No. ~ u 1r1 p
[Signatures and notary attestations continue on page immediately followi
. this page left blank intentionally.]
7
THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY,
a political subdivision of the Commonwealth of
Virginia
At~~
s~et8fY-:,
Approved ~t~;>llal SUffiSieJy,
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By:
- -')c' II), ~ [SEAL]
Name: '3)0 ~ - 'Se." ,",~
Title: Chairman/Vice Chainmm - '~
City Attorney
COMMONWEALTH OF VIRGINIA
AT LARGE
The foregoing instrument was acknowledged before me in ~\" . a. r-h,
Virginia, this ?.. \LJ:! day of \\ ~\. '\ ., 2009, by' ....\ . \" as the
~"c of t e City of Virgmia Beach Development Authority, political
subdivision of the Commonwealth of Virginia. HeLSfle ~ersonal1y known to me or 0 has
produced as identification.
,...n....""
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'" ~~S'A/... 'v ~ A ~ ........~\...R:,....~~..:'-...
N P bl' ... .~p' I pu..'~.
otary U IC !.::; /0 ~........ ~
.. . a "L [' rv c"':i~- T 1 My <:. · Jl' -
My commISSIon explTes:-\- -:70- 1....0'\. '\ AFF!^ ~~M ("): z :
. . N .., f""\ 1- 1.... "l " - (') · ISSION.-
RegtstratIon o. t,J '..J ;J c..-" : ~ \ NUMBER ; ~ =
-: ~.. 273321 .: ~ =
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COMMONWEALTH OF VIRGINIA "III '.4L TH Ot "...,,,
I~........."
AT LARGE
The foregoing instrument was acknowledged before me in~'<~~<..h,
Virginia, this 7- \~ day of ~~" \ , 2009, by'\<.rt''->6.\.A. '_~" as the
Secretary/As8~SecretM'Y of t e City of Virginia Beach Development Authority, a political
subdivision of the Commonwealth of Virginia. -HefShe G}--tSpersonally known to 11l&1ed'~'~I'
produced as identification. ..,.';,..,.. :........~~...:'''.....
"~ ~v .0. ~'l'Y p(/o.'1" ~
~ ",. ~ ..0-<' ~ .. ~ -
, (=-r~ \.~~~ r'>- '0>.\--. Q D ~r~! <. MY ~(,\ -z. \
. . , . COMMlo::iIUN. -
Notary PublIc :! ~1 NUMBER 1:ct' :
My commission expires: C\_ '~o- -1-0 \ \ [AFF~,~~L~73321 ./ii
Registration No. L-~ 'S ''1;J"1- " 4......-;< 011A:c....O...~~~ ,.:'
"'1l';;~Al TH Q "..,..
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[Signatures and notary attestations continue on page immediately following. The remainaer of
this page left blank intentionally.]
8
LAKEVIEW CORPORATE PARK
CONDOMINIUM ASSOCIATION,
an unin~orporat, a,so,iation
( . ~ \ I
By: '. \ -_ [SEAL]
Name: Anthonfp. Nero
Title: President
COMMONWEALTH OF VIRGINIA
AT LARGE
JJ-:lt The fore ing instrument was acknowledged before me in Virginia Beach, Virginia, this
~ day of' ,2009, by Anthony P. Nero, as the President of Lakeview
~rporation Park ondominium Association, an unincorporated association, on its behalf. He
Ii.J is personally known to me or D has produ e as id tification. ~.\."\\mm'l#",,
~.;....\ ~oss v~ .,.
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otary PUblt~~LU ~ ~~f:~.:p.) !J
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[Signatures and notary attestations continue on page immediately following. The remainder of
this page left blank intentionally.]
My commission expires: ~
RegIstratIOn No. ~~
9
II
II II
COMMONWEAL TH OF VIRGINIA
AT LARGE
The foregoing instrument was acknowledged before me in ~ltZ'rI,tJVc 'g EAe fl ,
Virginia, this 20'('\1 day of ~'?e\ L... , 2009, by ~L ].A ,tl-tEl-S , as the
~tJA(.,'AJn M~~ of Michels Family LLC, a Virginia limited liability company, on
its behalf. He/She G3"is personally known to me or D has produced as
identification. ~ ~~~ ~
My commission expires: 1\ '0 \\ 2,01 'Z. [AFFIX SEAL]
Registration No. 1 z. 0 4. \ D z..
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II II II
EXHIBIT A
Description of the Property
ALL THOSE certain condominium units known as "UNIT 1 AREA = 198,112 SF
OR 4.548 AC GPIN: 1476-78-8445-0001", "UNIT 2A AREA = 106,768 SF OR
2.451 AC GPIN: 1476-78-8445-0002", "UNIT 2B AREA = 35,907 SF OR 0.824
AC GPIN: 1476-78-8445-0003", "UNIT 3A AREA = 293,697 SF OR 6.742 AC
GPIN: 1476-78-8445-0005", and "UNIT 3B AREA = 71,376 SF OR 1.639 AC
GPIN: 1476-78-8445-0004" in the Lakeview Corporate Park Condominium,
located in the City of Virginia Beach, Virginia, and as further designated and
described in that certain declaration entitled "DECLARATION OF
CONDOMINIUM OF LAKEVIEW CORPORATE PARK CONDOMINIUM,"
dated August 23, 2000, and recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia in Deed Book 4286, at page 1226 (the
"Declaration") together with the applicable undivided interests in the common
elements appurtenant to each of the above Units, all as more particularly
described and allocated in the Declaration as amended from time to time.
1451825\4
4147\OIO\Amendment to Recorded Conditions and Restrictions-clean 04-02-09
11
i I
I II
- 32 -
Item v'K.4.
PLANNING
ITEM # 58918
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of HEARTS 4 KIDS CHILDCARE for a Conditional Use Permit re
Daycare at 3569 Marvell Road:
ORDINANCE UPON APPLICATION OF HEARTS 4 KIDS
CHILDCARE FOR A CONDITIONAL USE PERMIT RE HOME
DAYCARE AT 3569 MARVELL ROAD R060935346
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of HEARTS 4 KIDS CHILDCARE for a
Conditional Use Permit re Home Daycare at 3569 Marvell Road (GPIN
#14864241770000)
DISTRICT 3 - ROSE HALL
The following conditions shall be required:
1. The home Daycare shall be limited to a total of eight (8) children, other than children living in the
home.
2. Hours of operation shall be limited to Monday through Friday, 6:00 A.M. to 6:00 P.M
3. No more than one (1) person, other than the applicant, shall be employed by the home Daycare.
4. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area. The
fence shall meet the requirements of the Virginia Department of Social Services.
5. No signs advertising the home Daycare shall be permitted on the lot or any structure on the lot at
any time.
6. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said
license in good standing shall result in revocation of this Use Permit.
7. The applicant shall obtain all necessary permits and inspections from the Planning Department /
Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the
Building Official for home Daycare use.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth of June, Two Thousand
Nine
June 9, 2009
- 33 -
Item v'K.4.
PLANNING ITEM # 58918 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, 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:
None
II
III
I
June 9, 2009
II III
- 34 -
Item V.K.5.
PLANNING
ITEM # 58919
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of EASTERN ACADEMY OF MIXED MARTIAL ARTS, INC. for a
Conditional Use Permit re an indoor recreational facility (Martial Arts) at 3900 Bonney Road, Suite 213.
ORDINANCE UPON APPLICATION OF EASTERN ACADEMY OF
MIXED MARTIAL ARTS, INC. FOR A CONDITIONAL USE PERMIT
RE AN INDOOR RECREATIONAL FACILITY (MARTIAL ARTS) AT
3900 BONNEY ROAD, SUITE 213 R060935347
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of EASTERN ACADEMY OF MIXED
MARTIAL ARTS, INC. for a Conditional Use Permit re an indoor
recreational facility (Martial Arts) at 3900 Bonney Road, Suite 213.
(GPIN: 14872349760000)
DISTRICT 5 - LYNNHA VEN
The following conditions shall be required:
1. The applicant shall obtain any necessary parking variances from the Board of Zoning
Appeals.
2. The applicant shall obtain all necessary permits and inspections from the Planning
Department / Permits and Inspections Division and the Fire Department. The applicant
shall obtain a Certificate of Occupancy for the change of use from the Building Official.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach. Virginia, on the Ninth of June, Two Thousand
Nine
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, 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:
None
June 9, 2009
II
II II
- 35 -
Item V.K.6.
PLANNING
ITEM # 58920
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of HYBRID ACADEMY OF MARTIAL ARTS for a Conditional Use
Permit, re an indoor recreational facility (Martial Arts), at 3636 Virginia Beach Boulevard, Suite 115:
ORDINANCE UPON APPLICATION OF HYBRID ACADEMY OF
MARTIAL ARTS, CONDITIONAL USE PERMIT. INDOOR
RECREATIONAL FACILITY (MARTIAL ARTS), 3636 VIRGINIA
BEACH BOULEVARD, SUITE 115 R060935348
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of HYBRID ACADEMY OF MARTIAL
ARTS, Conditional Use Permit, indoor recreational facility (Martial
Arts), 3636 Virginia Beach Boulevard, Suite 115. (GP IN:
1487597080000)
DISTRICT 5 - LYNNHAVEN
The following conditions shall be required:
1. The applicant shall obtain any necessary variances for parkingfrom the Board of
Zoning appeals.
2. The applicant shall obtain all necessary permits and inspections from the Planning
Department / Permits and Inspections Division and the Fire Department. The
applicant shall obtain a Certificate of Occupancy for the change of use from the
Building Official.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth of June, Two Thousand
Nine
June 9, 2009
II
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Item V,X 6.
PLANNING ITEM # 58920 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, 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:
None
Vice Mayor Jones DISCLOSED re HYBRID ACADEMY OF MARTIAL ARTS Conditional Use Permit
for an indoor recreational facility at 3636 Virginia Beach Boulevard, Suite 115. Vice Mayor Jones owns
property next to this application; however, the City Attorney has advised Vice Mayor Jones may vote as
he does not have an economic interest.
June 9, 2009
II
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Item v,K. 7.
PLANNING
ITEM # 58921
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the
City Council Session of July 7, 2009, an Ordinance upon application of PUNGO AIRFIELD, LLC for a
Conditional Use Permit, re a recreational facility of an outdoor nature (car racing, paintball) and a
mulch facility at 1848 Princess Anne Road
ORDINANCE UPON APPLICATION OF PUNGO AIRFIELD, LLC
FOR A CONDITIONAL USE PERMIT, RE A RECREATIONAL
FACILITY OF AN OUTDOOR NATURE (CAR RACING, PAINTBALL)
AND A MULCH FACILITY AT 1848 PRINCESS ANNE ROAD
Ordinance upon application of PUNGO AIRFIELD, LLC for a
Conditional Use Permit, re a recreational facility of an outdoor nature
(car racing, paintball) and a mulch facility at 1848 Princess Anne Road
(GPIN:24131421160000;24131540580000)
DISTRICT 7 - PRINCESS ANNE
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, 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:
None
June 9, 2009
II
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Item V.K.8.
PLANNING
ITEM # 58922
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of MANNY VARELA, CENTRES BFS NORTHEAST, LLC for a
Conditional Use Permit re small engine repair at 1531 General Booth Boulevard:
ORDINANCE UPON APPLICATION OF MANNY VARELA,
CENTRES BFS NORTHEAST, LLC FOR A CONDITIONAL USE
PERMIT RE SMALL ENGINE REPAIR AT 1531 GENERAL BOOTH
BOULEVARD R060935349
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of MANNY VARELA, CENTRES BFS
NORTHEAST, LLC for a Conditional Use Permit re small engine
repair at 1531 General Booth Boulevard (GPIN: 24155621610000)
DISTRICT 6 - BEACH
The following conditions shall be required:
1. The site shall be developed in substantial accordance with the Site Plan entitled "Proposed
Firestone Tire Center Virginia Beach, Virginia," dated 9/22/08 and prepared by Wolverton &
Associates. A copy of this Site plan has been exhibited to City Council and is onfile in the Planning
Department.
2. The landscape shall be developed in substantial accordance with the landscape plan entitled
"Proposed Firestone Tire Center Virginia Beach, Virginia," dated 9/22/08 and prepared by David
Albright & Associates, Inc. A copy of this Landscape Plan has been exhibited to City Council and
is on file in the Planning Department.
3. The building shall be developed in substantial accordance with the architectural elevations entitled
"NEW FCAC STORE "ER2007" RIGHT HAND GENERAL BOOTH VIRGINIA BEACH, VA" and
prepared by Kent D. Hamilton, A.I.A. A copy of the elevations has been exhibited to City Council
and is on file in the Planning Department.
4. No outdoor vending machines, ice boxes or display of merchandise shall be allowed.
5. No signage in excess of a total of four (4) square feet of the entire glass area of the exterior wall,
nor any neon signs or accents, shall be permitted in or on the windows and/or doors of the
building.
6. All rooftop equipment, such as heating, ventilation and air conditioning units, shall be concealed
from typical street level view. All ground level building mechanical equipment shall be screened in
accordance with Section 245 (e) of the Zoning Ordinance.
7. The trash enclosure shall be screened with a solid wall to match the main building and shall
include evergreen shrubs having good screening capabilities. no less than three (3) feet in height at
the time of planting, spaced in accordance with the City's Landscaping, Screening and Buffering
Specifications and Standards, and maintained at all times in good condition at a minimum height
not lower than the wall.
June 9, 2009
II I II
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Item v'K.8.
PLANNING
ITEM # 58922 (Continued)
8. All lighting on the site shall be consistent with those standards recommended by the Illumination
Engineering Society of North America (IESNA). A photometric Lighting Plan, indicating the
number and types of lighting, will be submitted as part of the formal Site Plan submissionfor
review by the Police Department to determine consistency with Crime Prevention through
Environmental Design (CPTED) principles and practices. All lighting shall be directed inward and
downward within the site so as to eliminate glare onto adjacent properties and rights-ofways.
9. No outdoor storage of auto parts or tires is permitted. All work must be performed within the
building.
10. There shall be no vehicles in an obvious state of disrepair located on the site.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth of June, Two Thousand
Nine
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, 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:
None
June 9, 2009
II
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Item V.K.9.
PLANNING
ITEM # 58923
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED to the City
Council Session of July 14, 2009, Ordinance upon application of ENDEA VOR ENTERPRISES, LLC
for a Change of Zoning District Classification. from AG-1 and AG-2 Agricultural Districts to Conditional
B-1A Limited Business District and P-1 Preservation District at Holland Road and Chestnut Oak Way:
ORDINANCE UPON APPLICATION OF ENDEA VOR
ENTERPRISES, LLC FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION. FROM AG-1 AND AG-2 AGRICULTURAL
DISTRICTS TO CONDITIONAL B-1A LIMITED BUSINESS DISTRICT
AND P-1 PRESERVATION DISTRICT AT HOLLAND ROAD AND
CHESTNUT OAK WAY:
Ordinance upon application of ENDEA VOR ENTERPRISES, LLC for
a Change of Zoninfl District Classification, from AG-1 and AG-2
Agricultural Districts to Conditional B-1A Limited Business District and
P-1 Preservation District at Holland Road and Chestnut Oak Way
DISTRICT 7 - PRINCESS ANNE
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, 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:
None
June 9,2009
i I
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- 41 -
Item v,L.1.
APPOINTMENTS
ITEM # 58924
BY CONSENSUS, City Council RESCHEDULED the following appointments:
BEACHES and WATERWAYS COMMISSION
BIKEWAYS and TRAILS COMMISSION
MINORITY BUSINESS COUNCIL
June 9, 2009
- 42 -
Item v'L.2.
APPOINTMENTS
ITEM # 58925
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Norman W. Carrick
3 Year Term
7/1/09-6/30/12
BA YFRONT ADVISOR Y COMMITTEE
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph. Robert M Dyer, 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:
Harry E. Diezel
II II 'I
June 9, 2009
- 43 -
Item v'L.3.
APPOINTMENTS
ITEM # 58926
Upon NOMINA T!ON by Vice Alayor Jones. City Council APPOINTED:
Nicole D. Johnson
Unexpired thru 3/31/12
HUMAN RIGHTS COMMISSION
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis. William R. "Bill" DeSteph, Robert M Dyer, 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:
Harry E. Diezel
II III
June 9, 2009
- 44-
Item V, LA.
APPOINTMENTS
ITEM # 58927
Upon NOMINA TION by Vice Mayor Jones, City Council REAPPOINTED:
Kristen Myers
Unexpired thru 8/31/11
PARKS and RECREA TION COMMISSION
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, 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:
Harry E. Diezel
II
II II
June 9, 2009
- 45 -
Item v'L.5.
APPOINTMENTS
ITEM # 58928
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Stan Cawlfield
4 Year Term
7/1/09-6/30/13
SOCIAL SER VICES BOARD
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, 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:
Harry E. Diezel
II
II II
June 9, 2009
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Item v'L.6.
APPOINTMENTS
ITEM # 58929
Upon NOMINA TION by Vice Mayor Jones, City Council APPOINTED:
John Piscitelli
4 Year Term
7/1/09-6/30/13
TIDEWATER COMMUNITY COLLEGE BOARD
Voting: 1 O~O
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, 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:
Harry E. Diezel
II II
June 9, 2009
II
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Item V.O.
ADJOURNMENT
ITEM # 58930
Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:10 P.M.
~____a~__!/'J/J
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
(L?-7_.L_~
~dgeS Fraser, MMC
City Clerk
William D. Sessoms, Jr.
Mayor
City of Virginia Beach
Virginia
The Public Comment re Non Agenda Item adjourned at 6: 14 P.M.
June 9,2009
II II
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PUBLIC COMMENT
Mayor Sessoms left for the United States Conference of Mayors with Vice Mayor Jones presiding at the
Public Comment Session
Life Safety Educator Position
Debbie Hearst Gregory, 5584 Arboretum Avenue, Phone: 270-0965, spoke in SUPPORT of the Life
Safety Educator Position. Mrs. Gregory referenced the FY 2009-2010 Budget elimination of one (1)
position from the Life Safety education, equating to less than one-tenth of 1% of the Fire Department
funding. This commitment cannot be tasked to Volunteers. The Fire Department is composed of members
who are committed to ensuring the destination of feeling safe any place, anytime. The Life Safety Office of
the Virginia Beach Fire Department exemplifies this vision and urges the reinstatement of the Life Safety
Educator position. This is more than just a position; a certified individual to teach the programs is lost.
Communicating with children is an instructor course that is taught to fire fighter recruits. Children At-
Risk are educated, Public Safety and Life Safety Educator I and II, HazMat First Responders, National
Child Safety program re the proper installation of Child Safety seats encompasses this program. The cost
of the money and time to train, certify and monitor volunteers for this program is not cost-effective, as
funds have already been invested in this position. Ms. Gregory distributed information re Cost versus
Investmentfor the Life Safety Educator Position, which is hereby made a part of the record.
June 9, 2009
- 47-
Item V. o.
ADJOURNMENT
ITEM # 58930
II
Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6: 1 0 P.M.
, d~~ tJ, Y-.4 ,/eJ
--_::_:__:~-------------------
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
~~-----------
uth Hodges Fraser, MMC
City Clerk
William D. Sessoms, Jr.
Mayor
City of Virginia Beach
Virginia
The Public Comment re Non Agenda Item adjourned at 6:14 P.M.
June 9, 2009