The URL can be used to link to this page

JANUARY 26, 2010 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR Wll /,/AM D. SESSOMS, JR., AI-Large DICE MAYOR L OUTS R. JONES, Bayside -District d GLENN R. DAV/S, Rase Hall -District 3 WILLIAM R. DeSTEPH, At-Large HARRY F,'. DIEZF.I„ Kemprville -District 2 ROBERT M. DYF,R, Centerville -District 1 BARBARA M. HENLEY, Princess Anne District 7 JOHN F.. UHR/N, Beach -District h KOSI:'MARY WILSON, At-barge JAMES /,. WOOD, Lynnhaven -District S CITY COUNCIL APPOINTEES CITY MANAGER JAMES K. SPORE CITY ATTORNEY MARK D. STILES CITY ASSESSOR JERALD BANAGAN CITY A(/D/TOR - l.YNDON S. RF.'M/AS clrr CLERK RUTH HoDCES ERASER, MMC CITY COUNCIL AGENDA 26 January 2010 I. CITY MANAGER'S BRIEFINGS: -Conference Room - A. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director -Finance B. WILLIAMS FARM COMMUNITY RECREATION CENTER Cindy Curtis, Director -Parks and Recreation CITY HALL BU/LD/NG 240/ COURTHOUSE DRIVE V/RGIN/A BEACH, VIRG/N/A 23456-8005 PHONE. (757) 385-4303 FAX (757J 385-5669 E- MA/L: Ctycncl@vbgov.com 2:30 PM C. ANIMAL SHELTER CONSTRUCTON and OPERATIONS COST ESTIMATES David Hansen, Deputy City Manager II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL 4:OOPM C. RECESS TO CLOSED SESSION V. FORMAL SESSION AGENDA - City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Jim Pugh Calvary Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 12, 2010 2. SPECIAL FORMAL/CLOSED SESSIONS January 19, 2010 G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION 1. PROCLAMATION - U.S. Census Bureau and City Partnership [for a full and accurate Census count in 2010] I. PUBLIC HEARINGS 1. SALE OF EXCESS PROPERTY 1108 Jackson Street 2. LEASE OF CITY-OWNED PROPERTY -Virginia Beach Farmers Market a. Elaine Jenkins (t/a Kempsville Florist, Inc.) Space No. 11 J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §23-50.1 re penalty for failure to comply in the removal of certain trees b. §23-50 re penalty for failure to comply with cutting excessive growth of weeds or grass 2. Ordinance DECLARING the property at 1108 Jackson Street EXCESS and AUTHORIZE the City Manager to sell the property to Gary Kimnach 3. Ordinance to AUTHORIZE the City Manager to ACCEPT certain gifts or donations on behalf of the City, not to exceed Twenty-five Thousand Dollars ($25,000) 4. Ordinance to AUTHORIZE the City Manager to execute a lease at the Farmers Market for three (3) years with Elaine Jenkins (t/a Kempsville Florist, Inc.) Resolution in SUPPORT of a Grant application to the Virginia Department of Conservation and Recreation (DCR) re the development of a trails project in Marshview Park and AUTHORIZE the City Manager to enter into the necessary Agreement 6. Resolution DECLARING the Sheriff s lease of electronic monitoring equipment is no longer in the public interest and funding will be terminated Resolutions to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT urban maintenance payments for: a. additional local/collector and arterial streets b. changes to the urban maintenance funding inventory 8. Resolutions re Appointive Boards and Commissions: a. Re-Establish the Advertising Advisory Committee b. Increase Membership for Bikeways and Trails Advisory Committee 9. Ordinance to ACCEPT and APPROPRIATE $2,000 from the Virginia Department of Forestry and Department of Conservation and Recreation to the FY2009-2010 Parks and Recreation Department Operating Budget re an Urban Tree Canopy Analysis 10. Ordinance to TRANSFER $1,649,705 from the FY 2009-2010 Schools Operating Budget Grants Consolidated Fund to Energy Performance Contracts 11. Ordinance to AWARD $135,000 in Economic Development Investment Program (EDIP) funds to Runnymede Corporation to offset expenses associated with utility relocation at the Pavilion Center II L. PLANNING - NO ACTION Application of LAURIE RICHARDS GREEN PARROT GRILLE/KAY BURTON for the Expansion of a Nonconforming Structure at 4494 Lookout Road due to sign not being posted DISTRICT 4 -BAYSIDE M. PLANNING 1. Application of HELLS KITCHEN ON THE BAY/CHESAPEAKE BEACH COMMONS, LLC for the Expansion of a Nonconforming Structure at 4600 Lookout Road re a roof covering over an existing deck DISTRICT 4 -BAYSIDE RECOMMENDATION APPROVAL 2. Application of VIKING MOTEL CORPORATION for the closure of a portion of 27-'/z Street near Pacific Avenue to demolish the existing motel buildings and construct a mixed-use building with restaurants, retail shops and offices on the site DISTRICT 6 -BEACH RECOMMENDATION 4. Application of HOME ASSOCIATES OF VIRGINIA, INC. for an Amendment to Sherwood Lakes PD-H Plan at Seaboard Road and Golfwatch Lane to replace multi- family dwellings (restricted to age 55 and greater) with townhouse units (not age- restricted). DISTRICT 7 -PRINCESS ANNE Application of ROBERT and DORTHY MARTINSEN for the closure of an unimproved portion of West Virginia Avenue and South Kentucky Avenue to incorporate the land with their existing condominium development (Kentucky Commons) DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL STAFF RECOMMENDS PLANNING COMMISSION RECOMMENDS APPROVAL DENIAL APPROVAL 5. Application of IGLESIA CRISTIANA RIOS DE AGUA VIVA/PLEASANT VALLEY ASSOC., L.L.C. for a Conditional Use Permit re religious use at 4221 Pleasant Valley Road, Suite 125. DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 6. Application of KEMPSVILLE PRESBYTERIAN CHURCH for a Conditional Use Permit re a religious facility (church) at North Landing Road and Courthouse West Neck Parkway (Courthouse Estates). DISTRICT 7 -PRINCESS ANNE RECOMMENDATION/APPLICANT REQUEST INDEFINITE DEFERRAL 7. Application of SEASHELL PROPERTIES, LLC for a Conditional Use Permit re a commercial parking lot at 303 23`d Street, 2300 Atlantic Avenue, 2302 Pacific Avenue. DISTRICT 6 -BEACH RECOMMENDATION APPROVAL 8. Application of SENIOR'S UNLIMITED LIFESTYLES, INC./WILLIE DONALD MARTIN, SR. for a Conditional Use Permit re an independent senior housing facility at 5827 Burton Station Road. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 9. Application of GARY C. KIMNACH, C/O BEACH AUTO/WILLIAM D. III and GRACE A. FRIERSON for a Change of Zoning District Classification from R-10 Residential District and B-1 Neighborhood Business District to Conditional I-2 Heavy Industrial District at Jackson Street and South Birdneck Road re a motor vehicle repair center. DISTRICT 6 -BEACH RECOMMENDATION APPROVAL 10. Application of ST. LUKE CATHOLIC CHURCH/CATHOLIC DIOCESE OF RICHMOND for Modification of Conditions (approved by City Council on January 9, 1989, and November 27, 1990) at 2304 Salem Road to ADD portable classrooms back of the existing building. DISTRICT 7 -PRINCESS ANNE RECOMMENDATION N. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION APPROVAL O. UNFINISHED BUSINESS P. NEW BUSINESS 1. ABSTRACT OF VOTES -Special Election of January 12, 2010 Q. ADJOURNMENT **~***** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 1 /26/ I Ogw www.vbeov.com -1- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 26, 2010 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL'S BRIEFING: re INTERIM FINANCIAL STATEMENTS in the City Council Conference Room, Tuesday, January 26, 2010, at 2:30 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., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin (Entered.• 2: 50 P.M.J Delegate-Elect Ron A. Villanueva submitted his resignation to City Council effective December 3l, 2009, having been certified as the City's newest Delegate-Elect to the Virginia General Assembly. January 26, 2010 -2- CITY COUNCIL BRIEFINGS INTERIM FINANCIAL STATEMENTS 2:30 P.M. ITEM # 59555 Patricia Phillips, Director of Finance, presented information re the FY 2010 Interim Financial Statements for the City and School Board for the six months ended December 31, 2009. Overview 1 FY 2010 General Fund Revenues - FY 2010 General Fund Expenditures 1 Limited Projections 1 Next Steps FISCAL YEAR 2009-2010 General Fund Revenues and Expenditures Compared to Budget thru December 31, 2009 (in MILLIONS) Revenues Local Revenues State Revenues* Federal Revenues Total Revenues Exile nditure s/Encumbrance s Departmental Totals Transfers Reserve for Contingencies Total Expenditures/Encumbrances Annual YTD Budget Actual Variance $ 861.5 $ 387.3 $ (474.2) 159.1 52.8 (106.3) 23.1 10.5 (12.6) $ 1,043.7 $ 450.6 $ (593.1) $ 522.4 $ 280.5 $ 241.9 564.1 285.5 278.6 3.2 - 3.2 $ 1,089.7 $ 566.0 $ 523.7 Less Amounts Funded from Fund Balance Outstanding Encumbrance at 6/30/09 $ 6.1 Approved Carryover Requests 1.2 Funding for City Capital Projects 33.9 Operarting Budget FY10 4.8 Adjusted Expenditures/Encumbrances $ 1,043.7 *State Revenues contain PPTRA Budget of $53.4M and Actual of $6.SM January 26, 2010 -3- CITY COUNCIL BRIEFINGS INTERIM FINANCIAL STATEMENTS ITEM # 59555 (Continued) FY 2020 Year To-Date General Fund Revenues Compared to Historic Trend December 31, 2009 ioo°io so°io u ~eo°io R 40% 20% 0% YTD ACTUAL = $450.6M ANNUAL BUDGET = $1,043.7M 71.3% 58.3% 55.3% 43.2% ~'""" 49.5% 45.4% 42.5% 23.5% 24.4% 14.4% 9.7% 4.4% 14.0% 1.9% 9.5% ° 5.2% Jul Aug S(e~p`~ Oct Nov Dec Jan Feb Mar Apr May Jun 3 Rev Trend ~ ~% of FY10 Rev Budget General Fund revenues as of December 31, 2009, total $450-6-MILLION and are consistent with prior years. Current year revenues are 43.2% of the budget, compared to 42.9% in FY 2009 and 42.6% in FY 2008 FY 2010 -General Fund Revenues Follow the trendline but keep in mind - • Several items are on a l-2 month lag • 2"d Real Estate installment due June S • Annual Business License Tax (BPOL) due in March • Local Annual Personal Property Tax due June S • Vulnerability of State Revenues - About $SI-MILLION of $157-MILLION of total State revenues received after June 30, 2010, Personal Property Tax Relief Act: $47-MILLION - Other State Revenues (such as public assistance and mental health) - These State Payments to cities in July are considered State FY2011, but FY2010 for Municipalities - State uses cash basis budgeting (not legal for cities) January 26, 2010 -4- CITY COUNCIL BRIEFINGS INTERIM FINANCIAL STATEMENTS ITEM # 59555 (Continued) Catheryn Whitesell, Director - Management Services, advised there are comments which Governor Robert McDonnell may weigh in on the Budget within the next week or so. Many localities, basically all of Hampton Roads, Chesapeake and a few others, are called the "Spring Billers ". The City of Virginia Beach issues billing June Fifth. Mrs. Whitesell will provide a list of the "Spring Billers ". 5600 Sb00 0 5400 N N d ~ 5300 d m D: szoo s+oo so FY 2006 FY 2007 FY 2008 FV 2009 FY 2010 ®ACtual Colirrcllmu al•VTD 4% el To41 * Does not include additional appropriation for Senior Tax Credit of $400K. Dec 5 billing = $239.7-MILLION ($5.8-MILLION less than FY 2009) +oox BOX c 0 60 h u d O U A O r aox 8 zox o% Real Estate Revenues will exceed budget; collections consistent with prior year. Budget 09 to Budget 10 (468. S-MILLION-461.2-MILLION = $7-MILLION), and exceeded budget by $8.39-MILLION in 2009. Ste {16 S14 S+2 0 h S+0 f6 d C S6 S4 S2 so FY 2008 FY 2007 FV 2008 FY 2009 FY 2010 aaat7hrough June 30 `' = amount of relief pending additional appropriation of $400K 7 January 26, 2010 Real Estate Revenues December 31, 2005 - 2009 Senior and Disabled Credit December 31, 2005 - 2009 -5- CITY COUNCIL BRIEFINGS INTERIM FINANCIAL STATEMENTS ITEM # 59555 (Continued) Tax Relief for the Elderly accounts for $15.9-MILLION of Real Estate Tax revenues in FY 2010, compared with $15.2-MILLION in FY 2009 and $14.1-MILLION in FY 2008. Tax Relieve for the Elderly has grown drastically. The unrecorded FY 2010 Tax Relief for the Elderly to-date is $418,410, making the total Relief $16.3-MILLION. This Relief is recorded as a revenue and an appropriation. This Tax Relief is impacting the City's budget substantially. Personal Property Taxes -Local Billed December 31, 2005 - 2009 s,00 :,w sao :,o Oo9c ~~ 0 S80 w `$, sso ~ s+o s~o szo st o so 60'k U_ 0 a° zcp o•~ The Personal Property Tax Levy will not be billed until April 2010 with a due date of June S, 2010 Preliminary information is received in April and is historically diffcult to predict. Collections to-date are $15.3-MILLION Personal Property Personal Property Tax Relief Act (PPTRA) and Risk • Currently personal property is assessed at Loan Value X 3.70/$100. • The bill is then reduced by 70%, so that taxpayer is billed 30 %. • The PPTRA originally was designed to reimburse localities 70%. • 2004 the State froze the reimbursement at $53.4-MILLION; of that, $47-MILLION is received after June Thirtieth- a structural problem. January 26, 2010 FY 2008 FY 2007 FY 2008 FY 2009 FY 2010 mpetua,l COlbotbn. ~YTO ~-SS of TOttl -6- CITY COUNCIL BRIEFINGS INTERIM FINANCL4L STATEMENTS ITEM # 59555 (Continued) General Sales Taxes collected to-date total $22.1-MILLION. This represents a decrease from the prior year of $1.2-MILLION or 5.1 %. However, it is important to stress that monthly declines from the prior year are getting smaller. For November, there was an actual increase compared to the same month in the prior year. General Sales Taxes December 31, 2005 - 2009 c 0 f • D: 570 S60 560 Sou S30 520 270 SO General Sales Taxes Collections Monthly %Change from FY09 to FY10 -„a-=Monthly %Change from PY ;~,~,~~ +`Collections lag sales by 2 months ._p ,~% 76 % a c g0 S cg 60 % g 26 % D% January 26, 2010 FY 2006 FY 2007 FY 2008 FY 2008 FY 2010 t~ Actual Collectlons ~ YTD ~~ % oT Total -~- CITY COUNCIL BRIEFINGS INTERIM FINANCIAL STATEMENTS ITEM # 59555 (Continued) Hotel Room Taxes December 31, 2005 - 2009 530 S25 ,oo% 80% o S20 g S78 K f10 SS 50 ~C 0 60% ~+ 0 gU F 40% ~ X 20°h 0% Hotel Room Taxes are $16.4-MILLION, lower than the prior year by $321,834 or 1.9%. Restaurant Meal Taxes December 31, 2005 - 2009 S60 ..... ............. .........._. ..._.. ...... ................. ......................... 100°6 ............. UNFAVORABLE TREND .9%DownfromFY09 BUDGET S50 $46 7 _ __ _ $48.1 548.3. 8. - _. 6o°r. $45.0 M ~~ 80°6 ~ $ 52.2% 52.1% 52.6% j 53.3% 51.3% ~ 530 ` o ~ $23.5 24.4 525.3 ,' $25.8 $25.5 ~ 40•/. ~ S2o -- I i i ~ ', 20'6 S10 ~ i FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 ~ACtuaI COIIMIOns ~YTD ~""'. of TOtal Restaurant Meal Taxes revenues are $25.5-MILLION, which is $221,3071ess than FY 2009. January 26, 2010 FV 2006 FY 2007 FV 2008 FY 2009 FY 2010 f=agotusl COlbetlons t~VTD •~~%oT TObI -8- CITY COUNCIL BRIEFINGS INTERIM FINANCIAL STATEMENTS ITEM # 59555 (Continued) FY 2010 Year-to-Date General Fund Revenues Prior Fiscal Years Year-End Results $1,500 °o $1,000 N d ~ $500 a $o Summary of General Fund Revenues December 31, 2009 (In Millions) ~ r ~ - $ucfget r~ to 7Yend C - Rafe !~ ot~us}~et --- RealEstate Taxes $477.1 $248.0 52.0 % F Personal Property Taxes 64.2 15.3 23.9 F ppTRA 53.4 6.5 12.2 - GeneralSales Tax 51.1 22.1 43.3 U Utility Taxes 25.7 10.1 39.3 U Telecommunications Taxes 23.7 7.3 30.7 U Franchise Taxes 5.9 2.1 35.2 F Business Licenses 40.6 1.5 3.8 F Restaurant Taxes 49.8 25.5 SL3 U Hotel Taxes 23.9 16.4 68.5 U ~ Cigarette Taxes 12.9 6.3 48.4 U Auromobile licenses 9.1 3.6 40.1 U c Amusement Taxes 5.3 3.2 60.6 U City Taxon Deeds 5.9 2.8 47.9 F Other Local Revenues 66.3 23.1 34.8 F State Recenues 105.7 46.3 43.8 U Federal Revenues 23.1 10.5 45.5 U $1,043.7 $450.6 43.2 °~° F Excludes Schools Revenues January 26, 2010 FY 2007 FY 2008 FY 2009 FY 2010 ®AnnualActual ^AnnualBudget -9- CITY COUNCIL BRIEFINGS INTERIM FINANCL4L STATEMENTS ITEM # 59555 (Continued) 1a ~ 8 .n t e c w W ~ 6 F° 0 c u a 4 FY 2010 Year-to-Date General Fund Expenditures Compared to Historic Trend December 31, 2009 ,° a.x'sn R.,co„ i% '8.U° n 68. I "u i% 51.9 51.9'% 44.5 aa.u°:~ 37.5 I% 3?.6%, 28.5% 2h.0° 17.1 I% 8,e",,, 1% Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun -~'-°Expendiwre Trent ~"i of FYIU Exp Budges FY 2010 Year-to-Date General Fund Revenues & Expenditures Compared to Historic Trend At December 31, 2009 I trB 1, ~;,, J00°r° ~ BOo/ ~ s.n^,. 5 H tiR.I r:. o SPSA 71.3 /° w E~°+ 60%a e 51.9 % fr11-G~'° SS.3% ~ ;I u'r, 55.3°h 44.5 % 49.5% 43.2° P. aA.N ere 45.4% 40% ---. ~ ._ _.. o 18.5 1e n'%. z3.s°,° State $ received after 6/30/10 1~.1 % z4.a ~ _ PPTRA $46.9M 2o°r -Other $4.6M r,.o,~ ia.4nJ 9.8 9.)°/a 8!I r, 4.4ofo 14.0% 9.5% z.9w° 5.2% ~o~ o Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun °o°^Bev 'I'rervi ~-'°r.of FYIU Hev Budget ^°~°'ExperidiNre Trrnd ~`•°nuf FY le Fxp Budget January 26, 2010 -10- CITY COUNCIL BRIEFINGS INTERIM FINANCIAL STATEMENTS ITEM # 59555 (Continued) General Fund FY 2010 Expenditures 1 Total as of December 31, 2009: $566.0-MILLION or 51.9% of $1.09-BILLIONBudget 1 Summary of Actual Expenditures Under Budget at June 30: (in millions) of Total % of City Total Budget City Budget Schools m.y. 2008. (Actual) $60.3 ~ 5 6% $25.0 _ 3.5% ~ $35 3 ...~~~~.a ~ r ~... .~. 2009 (Actual) $43.0 ~ 3 8% $28.1 3.6% $14.9 Water and Sewer Enterprise Fund December 31, 2009 - Lower water consumption than budgeted (32.2 MGD budgeted vs. 30.0 MGD actual) 1 Lower Connection fees revenues due to slowdown in construction FY09 FY10 Budget Actual* % Budget Actual* Revenues $ 101.4 $ 42.8 42.3% $ 102.4 $ 43.6 42.6% Expenditures $ 109.0 $ 48.9 50.5% $ 118.6 $ 51.5 43.4% *CASH BASIS - EXCL UDES ACCR UALS • Costs also down: Water Services contract -- only 12 % variable costs • Year-end expected to be within budget overall Bottom Line Revenues <$6-MILLION- $12-MILLION> under Expenditures <$22-MILLION- $26-MILLION> under Risks SPSA (Southeastern Public Services Authority) PPTRA (Personal Property Tax Relief Act (PPTRA) January 26, 2010 CITY COUNCIL BRIEFINGS INTERIM FINANCIAL STATEMENTS ITEM # 59555 (Continued) Next Steps 1 Continue to Monitor Revenues in FY 2010 ^ Business Licenses -March ^ Personal Property -March/April - Next briefing on February 23, 2010 for data through January 2010. Patricia Phillips advised the City is expecting $40-MILLION from the Business License Tax (BPOL). Patricia Phillips advised the Southeastern Public Service Authority (SPSA) has agreed to a "Forbearance " of approximately $26.6-MILLION. SPSA has improved its cash position to the point of adopting a Resolution to begin repaying the City, on a monthly basis, the current month's reimbursement amounts effective November First 2009, retroactively, June Thirtieth, SPSA owed the City $11.6-MILLION, in terms of Forbearance. At the end of this year, it is believed this will be an additional $7.4/$7.5-MILLION, roughly $19-MILLION. Based on the meetings, the new Board is still addressing these issues. City Council will be briefed concerning these developments. Last June, the fund balance dropped to historical lows. Traditionally, the City does not use fund balance for ongoing expenses. January 26, 2010 -12- CITY COUNCIL BRIEFINGS WILLIAMS FARM COMMUNITY RECREATION CENTER 2:53 P.M. ITEM # 59556 Cindy Curtis, Director -Parks and Recreation, presented an update relative the design-build RFP documents being prepared for the Williams Farm Bayside Community Recreation Center. Mrs. Curtis introduced Brian S. Solis, Planning, Design and Development Administrator, and lead in terms of project ownership within the Department; and Kevin Jensen -Public Works, led in terms of managing this project and working through the processes and Mike Ross, Architect - HBA, as well as Troy Sherrard Architect with the Ohio based Moody-Nolan group. Mr. Sherrard was important in assisting with design of the program components in concert with the community. Brian Solis prepared the brief project background statement, the relationships of this building to the rest of the community and important initiatives occurring in Western Bayside. Mike Ross displayed the actual center design. Mrs. Curtis presented an updated cost estimate and the time line associated with the project. Brian Solis, Planning, Design and Development Administrator, detailed the background. In 1999-2000, there was an extensive public review process in updating the Outdoors Plan. The Williams Farm was identified as a high priority for acquisition. In January 2004, the City was successful in acquiring this frfty-six (56) acres from Mr. Williams. Background Open Space Acquisition Partnership with Schools Community Park and Connectivity Improvements Identification of Community Recreation Center project need Williams Farm Community Recreatlon Center Preliminary Design Report Extensive stakeholder involvement Steering committee-developed design program City Council Funding of "Bridging" Documents for DesignlBuild City Council Authorization of Pharrell Williams Learning Center Memorandum of Understanding (MOU) w ~ ~ .~::,. -- F ,r ..~~, ~',= ;.:,:~, ~ ~ ~ as ~ ~ ..~ - _. .~,. __ _ ,,a~:. a, ,~1 ~~ ~~ , 1 ~~~ b5 %}i'S F. - _.- •~.f X11 + ~ 1 ~ n'3TM»+x `fit. ;LF~ ~. _ \~ ~ S M~ ~ .~. j ___ ~~ ~: ~, ENTRY VEL FLd©f~ PLAN »~~ January 26, 2010 -13- CITY COUNCIL BRIEFINGS WILLL4MS FARM COMMUNITY RECREATION CENTER ITEM # 59556 (Continued) Site Relationships N E W T O W N R ,~._ _,~ ~ w , b.-.. O +y` ~ I ".`~ O 3 - o 6 F 1VILLUAI{ ~ ~~ - 6 " , 1'IAMFJV IARY ~ '~ ~ YCHHOt'- ,~i . yy K.. , NL WN /~ LL RV ~ 'Ty KHOfM. L Y~ BR ` 0 0 FACILITIES LEGEND Lx/6nNc j LYE OI WILLIAMK PARM COMMUNITY RECRLA'FION CLNTER F'UTURL ULVEWPMEN'F 4~ O 160 PARKIN(: RPAC'LY ' Y OI NPARKIN(: SYACEJ C O! tiKATL PARK O6 PICNIC SHELTRR O N'ILI.IAMS RN9IDRNCY. OO RNSTR(K1MS O9 'fEAM.YHELTLR 10 ATHLETIC FIF.I.D (TYR) 11 N1KF. AND HIKE TRAIL (TYP.) 'r to ~: w . ~.1 ~~ .. r ~' is ~.£',.' x its.. ~ ri ~`' , ~. V ARACOI'iA LITTLL LI:A(4UE ,, *yii ' ~4ei ARAGONA VILLAGE _~,o, r' *' ~,_. Mike Ross, Architect - HBA, advised the Western Bayside Community envisioned this facility as a "gateway" to the learning campus. This facility was designed to be 71,000 square feet, which is approximately 15% smaller than the Bayside, Great Neck and Princess Anne Recreation Centers. This design has more focus on family recreation and more outdoor recreation amenities. The pool is a family recreation pool instead of a "competition lap pool ". Family changing areas have been included. There are no racquet ball courts or bowling alleys; however, there are much larger fitness spaces and a greater variety of more flexible spaces, which will provide increased usage of this type of facility over the years. A light cool roof will be installed. Energy performance will be optimized increasing the installation value of the building as well as incorporating a geo-thermal heat pump system into the design. January 26, 2010 -14- CITY COUNCIL BRIEFINGS WILLL4MS FARM COMMUNITY RECREATION CENTER ITEM # 59556 (Continued) ,i ~ ~ ..,~ : ~ ~~ ~.~, ~ . ,~~. / ~~~ / ,, ~ ~ la1-: t4~rt~- ~1 ~;~ ~/ i ~. ~ ' x y~ ~~ ~ /r ~ '" ~ ~ \v.\ ~~ \ ~...~ ~ ~ 1 \ '~ .,.~ 1 ` ~ ~ ~ ,~ ~/ ` MEZZANINE FLOOR PLAN ', rr~~, , E: , °.7 _ ;tip p:.;~t:Fai'..[: P`.'T~'. t~C k E January 26, 2010 -15- CITY COUNCIL BRIEFINGS WILLIAMS FARM COMMUNITY RECREATION CENTER ITEM # 59556 (Continued) x _ Y .: _ ~ ` ~' F ~i= ,'x ,rt' ,~ ~ ~ ~ ~ ~ ~ ~ ~ ~. ~ ~ Y~. ~, 'y. a ~' ~~ i a .. ~„ ~ y. r ~ ~ ~~y 1r .~~ 4' ~ may. L- * ~`r ,, y' l -~ '~'4w Y. _, k~~... ~ ~ ~ ~. ~ ~ . ~y~ ~ ~ i. ~ '~ ~y ~~° /'~ ~ ~ ~_ : • • l VIEW FROM SOUTHEAST k. l•t i January 26, 2010 -16- C ITY COUNCIL BRIEFINGS WILLIAMS FARM COMMUNITY RECREATION CENTER ITEM # 59556 (Continued) ~r MAIN ENTRANCE ENTRY APPROACH ~_, ~. ~r = ~'~" "~~ '' - ~•-- - :.-•~. LOBBY January 26, 2010 -17- C ITY COUNCIL BRIEFINGS WILLIAMS FARM COMMUNITY RECREATION CENTER ITEM # 59556 (Continued) (~h~~ ) ~ 4 ~ ' ~ ~ ~ i _I ,~` _ r _ _-- A- ~~ __ .~ ~~ FITNESS SPACE ~~,,, ~- ~ , ~ • . ~ «~~ ussRc~oA+ ,-~~ f ~,, .- . ~ ' ~ ;~, yM .u ., ~.. ' ~ ~ r ' V ~ "„ ~„ " b, q VOPTE% ._.. ,.,..., .. _... _.. ... .. _.. a. ,. January 26, 2010 .. _ _~ Y j -;x' ~ 5e ~ • ~ r . r r 3j -18- CITY COUNCIL BRIEFINGS WILLIAMS FARM COMMUNITY RECREATION CENTER ITEM # 59556 (Continued) Cindy Curtis advised, as part of the current process, the Architects will reevaluate the original estimate of cost for the construction of this facility. The original estimate was approximately $30-MILLION. Based on the current economic scenario and the positive environment, the latest estimate for the total cost of the facility is $25, 750, 058. Therefore, this estimate has decreased by approximately ~S-MILLION, based upon the detailed design. 4.072 Williams Farm Community Recreation Center Current CIP Additional Required Design 1 100 000 2 833 340 Proposed CIP 3,933,340 Construction 0 18,888,933 18,888,933 FF&E 0 1,038,891 1,038,891 Contingency 0 1 888 894 1,888,894 Total 1 100 000 24 65Q058 25,750,058 Next Steps February 2010 Architect completes bridging documents for design build RFP March -April ZO10 City issues RFQ/Pre-qualification of design/build teams May Il, 2010 City Council budget vote April -May 2010 City evaluation of RFQ responses to qualify design build teams May 12 -July 2010 City issues RFP for design build of project July -August 2010 Evaluate proposals/select design build team August -Sept. 2010 Negotiate/award design build contract Oct. 2010 Issue Notice to Proceed Oct. 2010 -Sept. 2012 Construction ---- ~ Open to the Public January 26, 2010 -19- CITY COUNCIL BRIEFINGS ANIMAL SHELTER CONTRUCTION and OPERATIONS COST ESTIMATE 3:18 P.M. ITEM # 59557 The City Manager advised the Animal Shelter Construction and Operations would encompass two (2) parts. Mr. Hansen provided a status report, the design and summarized the two (2) proposals. Closed Session encompassed a discussion of the priority aspect of the two (2) proposals: Armada Hoffler and W.M. Jordan Company, Inc. David Hansen, Deputy City Manager, referenced the Public-Private Education and Infrastructure Act of 2002 Procedures adopted by the City of Virginia Beach on June 24, 2003, re-adopted July 7, 2009 PPEA Guidelines - Qualifying Projects ^ Public Educational Facility ^ Building or facility for principal use by any public entity • Improvements and equipment necessary to enhance public safety and security of public buildings ^ Utility and communication infrastructure ^ Recreational facility ^ Technology and community projects PPEA Guidelines - City Council Decision Points (3): / In step #1- to accepUreject the unsolicited proposal / In step #4 - proceed/not to proceed into the detailed phase Following detailed review phase - select a final partner and approve the negotiated Interim Agreement (Design only) or Comprehensive Agreement (Design and Construction) Staff Recommendation City Council Approved October 13, 2009 - City Council accepted both conceptual proposals - Staff generates Request for Proposal (RFP) for the detailed phases submission - City Council approved site location: Birdneck Road at Owls Creek - Receive and review the detailed phase submissions - Return to City Council no later than mid-February with results and recommendations January 26, 2010 -20- CITY COUNCIL BRIEFINGS ANIMAL SHELTER CONSTRUCTION and OPERATOINS COST ESTIMATE ITEM # 59557 (Continued) Adoption Friendly Shelter Progress March 2008 - Council Resolution April 2008 - Public Forum on Transformation of Shelter July 2008 - Policy Report submitted to City Council March 2009 - Second Public Forum on Facility Requirements June 3, 2009 - Published Programming and Public Meeting Report June S, 2009 - Received Unsolicited Proposal June 23, 2009 - City Council accepts PPEA and authorizes proposal solicitation Sept 10,2009 - Received a second proposal Sept 10, 2009 - Closed the proposal solicitation window Oct 13, 2009 - Brief Council on conceptual proposals received January 26, 2010 - Brief Council on detailed phase proposals received Objectives of a New/Modern Shelter Healthier Animals Increase in Adoptions Lower Maintenance Costs Lower Incident and Accident Rates Lower Euthanasia Rate Better Community Relations Expandable Floor Plan Green Building: Basic LEEDS certification Sheltering capable: Hurricane Category 2 Shelter Functions i=Adoption Area YSurrender/Intake Area rAdministration =Canine Holding Feline Holding r Pocket Pets/Exotics rSurgical/Vet Area rSally Port -Support Areas ^Grooming ^Food preparation ^Cleaning Classification Dogs Cats Adoption 45 20 Stray 70 30 Feral 10 20 Isolation 10 IS Surgical Recovery II 10 Temporary/Court Holding 10 12 Puppies IO Total 166 107 ^Locker ^Storage ^Mechanical/Electrical ^ Data/Telecommunications -~- Animal Control Officers ~ Large Animal Barn ~- Initial construction 37,400 to 42,400 s.f January 26, 2010 -21- C ITY COUNCIL BRIEFINGS ANIMAL SHELTER CONTR UCTION and OPERATIONS COST ESTIMATE ITEM # 59557 (Continued) The Armada Hoffler Proposal - Armada Hoffler Development Company -Developer and Team Leader - Armada Hoffler Construction Company -General Contractor - Gurnsey Tingle Architects - Architect/Designer hF~1'i -f~~ ~ _. 4 _' _ +=~A January 26, 201 D -22- CITY COUNCIL BRIEFINGS ANIMAL SHELTER CONTR UCTION and OPERATIONS COST ESTIMATE ITEM # 59557 (Continued) '~ .z _ ,~ _ _ _ _. M -. ~ ~~ ~ 1'~ ~ ~4~1I L1 ~~~ 4 _` -- _ _ i `,~~~~. ~,~~.~~~ The W.M. Jordan Proposal - W.M. Jordan Company, Inc.- Contractor & Team Leader - AECOM-Architect and Engineer - Bacon Group, Inc.- Design Consultant - Troutman Sanders Strategies -Consulting and Legal Services January 26, 2010 NETK CORING , CLFPRANDp2ED ENINYGNIDPY BRICKMISONRY SOIDIERCOIBi3F &tK;K ~ SOLDIER COGRSE pLUNIN11M 3i0REFiiDNi-~,\ \\ FFRONf ~ LIGXTIOCENiCOLdt SRIGNA SDNRV RIMNNG ~~ \\ A1M140lRI B ~ ~ ~ YBSONRY LNi11TCMgt FlELO RUNNING BOND ~ \ 1 \ OdRN FlEUJC0.IX2 -~ CLFARNiDDQEO sLW 810NEFAIXRiwD W0R8 ~RIGIrtAGG@lTCMOR East Elevation ° LIGIif FIF1D COLOR ILUtlINGN Wl18 SRK.K NTBONR! North Elevation ° ~~~ ~~ ~~ ^^.~.. ,..~., i West Elevation ° South Elevation ° - 23 - CITY COUNCIL BRIEFINGS ANIMAL SHELTER CONTRUCTION and OPERATIONS COST ESTIMATE ITEM # 59557 (Continued) rrw.amnz~~:wrFKZ:~~, floor Plan _...... r1YS°i°'~ ~~r~ 1!<I.......... ;.. ~~.o ._.._-~.__ _. _.___._ ,. 1 _+ /.; ... _ D _i++ _ ~ ~`"' r~7 f... = ~: „ ~~~ ~, -~ _ t K w 1 ~I r f ;I i _ _ w.a- ~..~ ~_ ~..~f .. ~ I f - i'~ Slb WYOVt '~- ~~ n ~ ~~- ~.,,. Four (4) d~erent views of the proposal are hereby made a part of the record. During the CLOSED SESSION, information concerning how the site has been further developed by the City will be provided. January 26, 2010 -24- CITY COUNCIL COMMENTS 3:32 P.M. ITEM # 59558 Mayor Sessoms attended a function and was requested to distribute the following slogan as a method of Public Relations: "Don't Drive to Drink and You Never Drink and Drive" This slogan was distributed while the Mayor was in Bermuda. ITEM # 59559 Mayor Sessoms had the opportunity to greet the Federal Emergency Management Agency (FEMA) team upon their arrival from Haiti late Saturday evening, January 30, 2010. The Mayor advised the team of City Council 's pride in their accomplishments. They are now "Heroes across the World ". ITEM # 59559 Councilman Davis referenced attending the Inauguration of Governor Robert McDonnell, State Capital, Richmond Saturday, January 16, 2010. The Mayor, representative members of City Council and the City Clerk, were in attendance. During the Inaugural Address, Governor McDonnell referenced how Virginia is best situated to deal with her problems more so than Washington, D.C. The Cities of Norfolk, Chesapeake and Virginia Beach are better situated to govern than Richmond. The Governor "rolled out" his main points. Governor McDonnell wants to increase the funding in the Governor's Economic Development Fund, Advertising Fund, as well as others. Councilman Davis wished the City to follow the Governor's lead being very careful where "cuts "are made. ITEM # 59560 Councilman DeSteph expressed appreciation to all attending the Town Hall meeting, Great Neck Recreation Center on January 21, 2010. Over twelve hundred (1200) citizens attended. There are responses to be provided to citizens. Council Members Davis and Dyer, were in attendance to respond. ITEM # 59561 Council Lady Henley advised the Interfacility Traffic Area (ITA) study will commence tomorrow morning, January 27, 2010. All future dates will be advised. January 26, 2010 -25- AGENDA REVIEW SESSION 3:36 P.M. ITEM # 59562 BY CONSENSUS, the following items shall compose the CONSENTAGENDA: K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. X23-50.1 re penalty for failure to comply in the removal of certain trees b. x'23-SO re penalty for failure to comply with cutting excessive growth of weeds or grass 2. Ordinance DECLARING the property at 1108 Jackson Street EXCESS and AUTHORIZE the City Manager to sell the property to Gary Kimnach 3. Ordinance to AUTHORIZE the City Manager to ACCEPT certain gifts or donations on behalf of the City, not to exceed Twenty-five Thousand Dollars ($25, 000) 4. Ordinance to AUTHORIZE the City Manager to execute a lease at the Farmers Market for three (3) years with Elaine Jenkins (t/a Kempsville Florist, Inc.) S. Resolution in SUPPORT of a Grant application to the Virginia Department of Conservation and Recreation (DCR) re the development of a trails project in Marshview Park and A UTHORIZE the City Manager to enter into the necessary Agreement 6. Resolution DECLARING the Sheriff's lease of electronic monitoring equipment is no longer in the public interest and funding will be terminated 7. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) ACCEPT urban maintenance payments for: a. additional local/collector and arterial streets b. changes to the urban maintenance funding inventory 8. Resolutions re Appointive Boards and Commissions: a. Re-Establish the Advertising Advisory Committee b. Increase Membership for Bikeways and Trails Advisory Committee January 26, 2010 -26- AGENDA REVIEW SESSION ITEM # 59562 (Continued) 9. Ordinance to ACCEPT and APPROPRIATE $2, 000 from the Virginia Department of Forestry and Department of Conservation and Recreation to the FY2009-2010 Parks and Recreation Department Operating Budget re an Urban Tree Canopy Analysis 10. Ordinance to TRANSFER $1, 649, 705 from the FY 2009-2010 Schools Operating Budget Grants Consolidated Fund to Energy Performance Contracts 11. Ordinance to AWARD $135, 000 in Economic Development Investment Program (EDIP) funds to Runnymede Corporation to offset expenses associated with utility relocation at the Pavilion Ceuter II Item K 1 a/b (AMEND the City Code: X23-50.1 re penalty for failure to comply in the removal of certain trees and X23-SO re penalty for failure to comply with cutting excessive growth of weeds or grass, shall be DEFERRED, BY CONSENT, until City Council Session of February 23, 2010. Councilman DeSteph shall vote a VERBAL NAY on Item K 3 (AUTHORIZE the City Manager to ACCEPT certain gifts or donations on behalf of the City, not to exceed Twenty-five Thousand Dollars ($25, 000) Item K 11 (EDIP funds to Runnymede Corporation) shall be AMENDED -line 22, "..located in Strategic Growth Area ~ 8 ". Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), Code of Virginia, re Item K.11. (EDIP funds to Runnymede Corporation associated with utility relocation at the Pavilion Center II). Mayor Sessoms will be a tenant at Pavilion Center II, which is located at 600 22"d Street. Mayor Sessoms is an employee of TowneBank. Although the City Attorney has advised he may participate without restriction in City Council 's consideration of this Ordinance, he has chosen to DISCLOSE this interest and ABSTAIN from voting on the Ordinance. Mayor Sessoms' correspondence of January 26, 2010, is hereby made a part of the record Council Lady Wilson DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), re Item K 11. (EDIP funds to Runnymede Corporation associated with utility relocation at the Pavilion Center II) Council Lady Wilson advised Prudential Towne Realty will be a tenant at Pavilion Center II, which is located at 600 22"d Street. Council Lady Wilson is a Real Estate Agent affiliated with Prudential Towne Realty and receives commissions from Prudential Towne Realty. Although the City Attorney has advised she may participate without restriction in City Council's consideration of this Ordinance, she has chosen to DISCLOSE this interest and ABSTAIN from voting on the Ordinance. Council Lady Wilson 's correspondence of January 26, 2010, is hereby made a part of the record. Councilman DeSteph shall vote a VERBAL NAY on Item K.11(EDIP funds to Runnymede Corporation associated with utility relocation at the Pavilion Center II) January 26, 2010 -27- AGENDA REVIEW SESSION ITEM # 59563 L. PLANNING - NO ACTION L. PLANNING - NO ACTION 1. Application of LAURIERICHARDSGREENPARROTGRILLE/KAY BURTONfor the Expansion o a Nonconforming Structure at 4494 Lookout Road due to sign not being posted DISTRICT 4 -BAYSIDE M. PLANNING Application of HELLS KITCHEN ON THE BAY/CHESAPEAKE BEACH COMMONS, LLC for the Expansion of a Noncon orming Structure at 4600 Lookout Road re a roof covering over an existing deck DISTRICT 4 -BAYSIDE 2. Application of VIKING MOTEL CORPORATION for the closure of a portion of 27-% Street near Pacific Avenue to demolish the existing motel buildings and construct amixed-use building with restaurants, retail shops and offices on the site DISTRICT 6 -BEACH 3. Application of ROBERT and DORTHYMARTINSENfor the closure of an unimproved portion of West Virginia Avenue and South Kentucky Avenue to incorporate the land with their existing condominium development (Kentucky Commons) DISTRICT S - LYNNHAVEN S. Application of IGLESIA CRISTIANA RIGS DE AGUA VIVA/PLEASANT VALLEYASSOC., L.L.C. for a Conditional Use Permit re religious use at 4221 Pleasant Valley Road, Suite 125. DISTRICT 1 - CENTERVILLE 6. Application of KEMPSVILLE PRESBYTERIAN CHURCH for a Conditional Use Permit re a religious facility (church) at North Landing Road and Courthouse West Neck Parkway (Courthouse Estates). DISTRICT 7 -PRINCESS ANNE Application of SEASHELL PROPERTIES, LLC for a Conditional Use Permit re a commercial parking lot at 303 23'd Street, 2300 Atlantic Avenue, 2302 Pacific Avenue. DISTRICT 6 -BEACH January 26, 2010 -28- AGENDA REVIEW SESSION ITEM # 59563 (Continued) 8. Application of SENIOR'S UNLIMITED LIFESTYLES, INC./WILLIE DONALD MARTIN, SR. for a Conditional Use Permit re an independent senior housing facility at 5827 Burton Station Road. DISTRICT 4 - BAYSIDE 9. Application of GARY C. KIMNACH, C/O BEACHAUTO/WILLL4MD. III and GRACE A. FRIERSONfor a Change o Zoning District Classification from R-10 Residential District and B-1 Neighborhood Business District to Conditional I-2 Heavy Industrial District at Jackson Street and South Birdneck Road re a motor vehicle repair center. DISTRICT 6 -BEACH 10. Application of ST. L UKE CATHOLIC CHURCH/CATHOLIC DIOCESE OF RICHMOND for Modification of Conditions (approved by City Council on January 9, 1989, and November 27, 1990) at 2304 Salem Road to ADD portable classrooms back of the existing building. DISTRICT 7 -PRINCESS ANNE Item M.2. VIKING MOTEL CORPORATION shall be APPROVED/REVISED CONDITIONS, BY CONSENT. The applicant shall record a twenty (20) foot vehicular and pedestrian ingress/egress easement the entire length of the closed street. The applicant shall provide and maintain pedestrian lighting along the length of the easement and shall remove any on-street parking spaces located within the closed area. There shall be no parking allowed within the easement area and the applicant shall install and maintain "No Parking" signs along the sides of the length of the easement area. Item M.6 KEMPSVILLE PRESBYTERIAN CHURCH shall be DEFERRED INDEFINITELY, BY CONSENT. January 26, 2010 -29- ITEM # 59564 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Beach District Kempsville District Princess Anne District Princess Anne District PPEA INFORMATION.• Discussion or consideration of records excludable from disclosure in accordance with subdivision 11 of Section 2.2-3705.6 by a responsible public entity pursuant to Section 2.2- 3711(A) (28). Animal Control Facility Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4:49 P.M. January 26, 2010 -30- ITEM # 59564 (Continued) Voting.• 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None (Break: 4:50 P.M. - 4: SS P.M.) (Closed Session: 4: SS P.M. - S: 30 P.M.) (Dinner.• 5:30 P.M. - S: SS P.M.) January 26, 2010 -31- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 26, 2010 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 26, 2010, at 6:00 P.M. Council Members Present: Glenn R. Davis, Robert M. Dyer, William R. "Bill " DeSteph, Harry E. Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None Delegate-Elect Ron A. Villanueva submitted his resignation to City Council effective December 31, 2009, having been certified as the City's newest Delegate-Elect to the Virginia General Assembly. INVOCATION: Reverend Jim Pugh Calvary Baptist Church PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA 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 ident~ 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. January 26, 2010 -32- 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 ident~ing 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 off cial records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conf ict. 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 Conf ict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of ident~ing 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. January 26, 2010 -33- RECOGNITION OF BOY SCOUTS ITEM # 59565 Mayor Sessoms RECOGNIZED the following Boy Scouts and their leaders: Boy Scout Troop 66 Sponsored by Kempsville Ruritan Club Robert Kielbowicz Scoutmaster Dan Smith Assistant Soutmaster Bill Weisner Assistant Scoutmaster Dave Rawles Parent Colin Andrews Jamie Andrews Chad Hayden John Kielbowicz Josh Rawles Courtland Scharenborg Mayor Sessoms presented each Scout with a City Seal Pin. January 26, 2010 -34- Item - i~ E.1 CERTIFICATION ITEM # 59566 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, ,City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 26, 2010 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach Ciry Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #59564, Page 29, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section Z.Z-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach Ciry 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. v uth Hodges Fraser, MMC City Clerk January 26, 2010 -35- Item V-F.1 ITEM # 59567 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of January 12, 2010, and SPECIAL FORMAL/CLOSED SESSIONS of January 19, 2010: Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 26, 2010 -36- Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 59568 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION Mayor Sessoms advised the Federal Emergency Management Agency (FEMA) Team was WELCOMED HOME from Haiti late Saturday night, January 23, 2010. Mayor Sessoms displayed a photograph of the Team with a young Indian children being brought out by the New York and Virginia FEMA Teams working together. This FEMA Team consists of eighty (80) individuals from the region, of which fifty (50) are from Virginia Beach. January 26, 2010 -37- Item V-H.l. PROCLAMATION ITEM # 59569 Mayor Sessoms PRESENTED a PROCLAMATION on behalf of the U.S. CENSUS BUREAU. "Now, Therefore, I, William D. Sessoms, Jr., Mayor of the City of Virginia Beach, Virginia, do hereby PROCLAIM that the City of Virginia Beach is committed to partnering with the D.S. Census Bureau to help ensure a full and accurate count in 2010. Asa 2010 Census Partner and a Virtual Complete Count Committee, we will: Support the goals and ideals for the 2010 Census and disseminate 2010 Census information to encourage those in our community to participate Encourage people in our community to place an emphasis on the 2010 Census and participate in events and initiatives that will raise overall awareness and ensure a full and accurate census. Support Census Takers as they help our community complete an accurate count. Create or seek opportunities to collaborate with other like minded groups in our community by utilizing high profile, trusted voices to advocate in behalf of the 2010 Census." Ms. Patricia Knight, Partnership Specialist, U. S. Census Bureau, ACCEPTED the PROCLAMATION with appreciation. Ms. Knight PRESENTED Mayor Sessoms with gifts for his support of the Census: a portfolio, a lapel pin, as well as other symbols. January 26, 2010 ~rnclMmtttimt 'GN4ertas: the Census Bureau declares to complete an accurate census count, which is vita! to our community and residents' well=6cing 6y kelping planners deternine were to Locate schools, daycare centers, roads and pu6Cu; transportation, hospitals and otherfaciCztu's; and' 'WKtrtas: the census is the best opportunity to achieve an accurate and complete count of the natwns'growing andchanging population; and 'Gl~rertor 7Kore than ,400 6iQwn per year in federal and state fuming is allocated to states and communities 6asec~ in part, on census data; and 'Gl~ertar Census data helps determine how many seats each state will' have in the ZJ.S. 7fouse of ~presentatives and is used for the redistricting of state legislatures, county and city councils and voting districts; and `GVKe-ta.~ Ire 2010 Census data wiQ inform decisions that create jobs and stimulate economicgrawth in Virginia Beach; and 'GfdFertas: the census information is confidential and protected 6y law; and 'GV~ierta,~ the City of 'Virginia Beach continues a drstinguuhed hrstory of supporting a Complete Count and is hereby esta6fuhing a `G4rtualComplete Count Committee. Now, ?rerefore, I, 'Wilftam ~D. Sessoms, ,fir., 9Kayor of the City of 'Virginia Beach, 'Virginia, do hereby proclaim that the City of'Virginia Beach is committed to partnering with the 4J.S. Census Bureau to help ensure a fullandaccurate count in 2010. Asa 2010 Census Partner and a 'Virtual Complete Count Committee, we will 1. Support tht goals and ideals for the 2010 Census and disseminate 2010 Census information to encourage those in our community to participate. 2. Encourage people in our community to place an emphasis on the 2010 Census and participate in events and initiatives that will raise overall awareness and ensure a fuQandaccurate census. 3. Support census takers as they help our community complete an accurate count. 4. Create or seek opportunities to collaborate with other Cke-minded groups in our community 6y utiC~zing high profile, trusted voices to advocate on behalf of the 2010 Census. In 'W'itness 'Whereof, I have hereunto set my hand and caused the Official Seal of the City of 'Virginia Beach, 'Virginia, to 6e affvred this Twenty-second day of ganuary, Two 7rousand7en. /~~,/~ ~/V ~~ `WiQ'utm ~D. Sessoms, fir. Mayor -38- Item V-I.1. PUBLIC HEARING ITEM # 59570 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS PROPERTY 1108 Jaekson Street There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING January 26, 2010 -39- Item V-L2. PUBLIC HEARING ITEM # 59571 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY-OWNED PROPERTY- Virginia Beach Farmers Market a. Elaine Jenkins (t/a Kempsville Florist, Inc.) Space No. 11 There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING January 26, 2010 -40- Item V-K. ORDINANCES/RESOLUTIONS ITEM # 59572 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1 a. b (DEFERRED), 2, 3, 4, S, 6, 7a/b, 8a/b, 9, 10 and 11 of the CONSENT AGENDA. Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Item K 1 a/b (AMEND the City Code: ,¢23-50.1 re penalty for failure to comply in the removal of certain trees and X23-50 re penalty for failure to comply with cutting excessive growth of weeds or grass) shall be DEFERRED, BY CONSENT, until City Council Session of February 23, ZO10. Councilman DeSteph shall vote a VERBAL NAY on Item K.3 (AUTHORIZE the City Manager to ACCEPT certain gifts or donations on behalf of the City, not to exceed Twenty-five Thousand Dollars ($25, 000) Item K.11 (EDIP funds to Runnymede Corporation) shall be AMENDED -line 22, "..located in Strategic Growth Area ~ 8 ". Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), Code of Virginia, re Item K I1. (EDIP funds to Runnymede Corporation associated with utility relocation at the Pavilion Center II) Mayor Sessoms will be a tenant at Pavilion Center II, which is located at 600 22"`~ Street. Mayor Sessoms is an employee of TowneBank. Although the City Attorney has advised he may participate without restriction in City Council's consideration of this Ordinance, he has chosen to DISCLOSE this interest and ABSTAIN from voting on the Ordinance. Mayor Sessoms' correspondence of January 26, 2010, is hereby made a part of the record Council Lady Wilson DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), re Item K.11. (EDIP funds to Runnymede Corporation associated with utility relocation at the Pavilion Center II) Council Lady Wilson advised Prudential Towne Realty will be a tenant at Pavilion Center II, which is located at 600 22"`~ Street. Council Lady Wilson is a Real Estate Agent affiliated with Prudential Towne Realty and receives commissions from Prudential Towne Realty. Although the City Attorney has advised she may participate without restriction in City Council 's consideration of this Ordinance, she has chosen to DISCLOSE this interest and ABSTAIN from voting on the Ordinance. Council Lady Wilson's correspondence of January 26, 2010, is hereby made a part of the record Councilman DeSteph shall vote a VERBAL NAY on Item K.11 (EDIP funds to Runnymede Corporation associated with utility relocation at the Pavilion Center II) January 26, 2010 -41- Item V-K.1 a/b ORDINANCES/RESOLUTIONS ITEM# 59573 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED, until the City Council Session of February 23, 2010 Ordinances to AMEND the Ciry Code: a. ,¢23-50.1 re penalty for failure to comply in the removal of certain trees b. X23-50 re penalty for failure to comply with cutting excessive growth of weeds or grass Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None January 26, 2010 -42- Item V-K.2. ORDINANCES/RESOLUTIONS ITEM# 59575 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance DECLARING the property at 1108 Jackson Street EXCESS and AUTHORIZE the City Manager to sell the property to Gary Kimnach Voting.• 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: Council Members Absent.• None January 26, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE DECLARING THE PROPERTY LOCATED AT 1108 JACKSON STREET TO BE IN EXCESS OF THE CITY'S NEEDS AND AUTHORIZING THE CITY MANAGER TO SELL THE PROPERTY TO GARY KIMNACH WHEREAS, the City of Virginia Beach (the "City") is the owner of a parcel of land located at 1108 Jackson Street, more particularly described on Exhibit "A" attached hereto (the "Property"); WHEREAS, the City acquired the Property pursuant to the APZ-1/ Clear Zone Use and Acquisition Plan; WHEREAS, the City funded the acquisition of the Property through a partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party contributing fifty percent (50%) of the purchase price; WHEREAS, the Property is in an area designated for non-residential use in the APZ-1 /Clear Zone Master Plan adopted by Council on April 1, 2008; WHEREAS, the APZ-1 Disposition Committee has recommended that City Council declare the Property to be in excess of the City's needs and sell the Property to Gary Kimnach ("Kimnach"); WHEREAS, Kimnach will construct a new facility on the Property to prescribed standards acceptable to the City and for a use compatible with Section 1804 of the City Zoning Code; WHEREAS, Kimnach will purchase the Property in accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; WHEREAS, the City Council is of the opinion that the Property is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Property described on Exhibit "A" is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to execute any documents necessary to convey the Property to Gary Kimnach, in substantial conformity with the Summary of Terms attached hereto as Exhibit "B" and such other terms, conditions or modifications as are deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. 47 48 49 50 51 52 53 54 55 56 57 58 Further, that the revenue from the sale of the Property in the amount of $80,000 shall be received and appropriated as follows: 1. $40,000 shall be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, for the purpose of the City Manager refunding the Commonwealth's portion in accordance with the partnership agreement; 2. $40,000 shall be appropriated to CIP #3-368, Various Site Acquisitions. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of January 2010. CA11195 PREPARED: 1/8/2010 R-1 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d017\p006\00022177.doc A~PROVE//D AS TO CONTE/NT ~~ ~~. ` Economic Development APPROVED AS TO LEGAL SUFFICIENCY ~~ City At r y , ,~ APPROVED AS TO CONTENT ~ ~~ Management Services EXHIBIT "A" GPIN: 2417-44-5020 ALL THAT certain lot, piece, or parcel of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as Parcel 137 and further described as being bounded on the north, east, south and west by the lines marked "PROPOSED ACQUISITION LINE" as shown on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED FOR BIRDNECK ROAD ROADWAY PROJECT AND THE APZ-1/CLEAR ZONE ACQUISITION PROGRAM BY THE CITY OF VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20071025001445450, to which reference is made fora more particular description. LESS AND EXCEPT all right, title and interest of the Grantor in and to any public road, public rights-of-way, or public easements adjacent to the above-referenced property. IT BEING part of the same property conveyed to the City of Virginia Beach by deed from Stephen B. Quick III, Corp., a Virginia corporation, dated November 2, 2007 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20071116001541900. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1108 JACKSON STREET SELLER: City of Virginia Beach PURCHASER: Gary Kimnach PROPERTY: 1108 Jackson Street (GPIN 2417-44-5020) LEGAL DESCRIPTION: ALL THAT certain lot, piece, or parcel of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as Parce1137 and further described as being bounded on the north, east, south and west by the lines marked "PROPOSED ACQUISITION LINE" as shown on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED FOR BIRDNECK ROAD ROADWAY PROJECT AND THE APZ-1/CLEAR ZONE ACQUISITION PROGRAM BY THE CITY OF VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20071025001445450, to which reference is made for a more particular description. LESS AND EXCEPT all right, title and interest of the Grantor in and to any public road, public rights-of--way, or public easements adjacent to the above-referenced property. IT BEING part of the same property conveyed to the City of Virginia Beach by deed from Stephen B. Quick III, Corp., a Virginia corporation, dated November 2, 2007 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20071116001541900. SALE PRICE: $80,000 CONDITIONS OF SALE: • The Property shall be resubdivided at the Buyer's expense in order to join the Property with adjacent parcels and eliminate interior lot lines. • The Property shall be rezoned from R-10 to Conditional I-2 at the Buyer's expense. • The Buyer shall construct an 6,400 square foot automotive repair facility. • The Buyer shall submit a site plan for review and approval by the Planning Department prior to any construction. • The Buyer shall abide by restrictive covenants and design criteria as well as a proffer agreement. - 43 - Item V-K.3. ORDINANCES/RESOLUTIONS ITEM# 59576 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to ACCEPT certain gifts or donations on behalf of the City, not to exceed Twenty-frve Thousand Dollars (~25, 000) Voting: 9-1 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill " DeSteph Council Members Absent: None January 26, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT CERTAIN GIFTS OR DONATIONS ON BEHALF OF THE CITY WHEREAS, Virginia Code § 15.2-1108 provides that municipal corporations may accept or refuse gifts, donations, bequests or grants that are related to the powers, duties and functions of the municipal corporation; WHEREAS, the powers of municipal corporations are vested in their city councils, but a city council may delegate to its city manager authority to perform certain functions, including the acceptance of gifts. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Manager or designee is hereby authorized to accept on behalf of the City gifts or donations of money, personal property, and in-kind services performed by a business or other entity, valued at up to $25,000. 2. That the City Manager shall provide to City Council, on an annual basis, a listing of all gifts or donations so accepted that exceed $5,000 in value. 3. That the City Manager may delegate to department directors the authority to accept gifts valued at up to $5,000. 4. That City Council shall remain the sole entity authorized to accept gifts of real property or securities, as well as any gift that exceeds $25,000 in value. Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day of January , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Q~1~ r/• ~~t/ City Manager ~~ City Attorney's O i CA10839 R-7 January 12, 2010 -44- Item V-K.4. ORDINANCES/RESOLUTIONS ITEM # 59577 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to AUTHORIZE the City Manager to execute a lease at the Farmers Market for three (3) years with Elaine Jenkins (t/a Kempsville Florist, Inc.) Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: None January 26, 2010 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 3-YEAR LEASE WITH 3 ELAINE JENKINS (T/A KEMPSVILLE FLORIST, 4 INC.) FOR SPACE #11 IN THE VIRGINIA BEACH 5 FARMERS MARKET 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of 8 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 9 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 10 11 WHEREAS, Elaine Jenkins (t/a Kempsville Florist, Inc.) ("Kempsville Florist") 12 would like to enter into a formal lease arrangement with the City for Space #11 in the 13 Farmers Market (the "Premises"); 14 15 WHEREAS, the Premises will be utilized as a specialty florist, carrying 16 arrangements, plants and fresh flowers, and for no other purpose; 17 18 WHEREAS, Kempsville Florist has agreed to pay the City $687 per month 19 ($8,244 per year) for the use of the Premises for the first year of the term, with annual 20 rent increases equal to 5%; 21 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for a term of three 26 (3) years between Elaine Jenkins (t/a Kempsville Florist, Inc.) and the City for the 27 Premises in accordance with the Summary of Terms attached hereto, and such other 28 terms, conditions or modifications as may be acceptable to the City Manager and in a 29 form deemed satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day of 32 ,7anuary , 2010. APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~''I" V~ City Attorney APPROVED AS TO CONTENT Department o Agriculture CA11224 \\vbgov.com\DFSI Wpplicatious\CitylawRod\cycom32\Wpdocs\D006\P006\00037938.DOC R-1 January 13, 2010 SUMMARY OF TERMS LEASE FOR SPACE #11 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Elaine Jenkins (t/a Kempsville Florist, Inc.) PREMISES: Space #11 TERM: 36 months: March 1, 2010 -February 28, 2013 RENT: Year 1: $687 per month ($8,244 per year) Year 2: $721 per month ($8,652 per year) Year 3: $758 per month ($9,096 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the operation of a specialty florist, carrying arrangements, plants and fresh flowers, and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not less than $500,000 combined single limits per occurrence. • Keep Premises open from 10:00 a.m. to 5:00 p.m. Monday through Saturday. Lessee will be closed on Sundays. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Provide water and sewer. • Provide electrical service unless Lessee has its own account with Dominion Virginia Power. TERMINATION: • After 18 months, either party may terminate by providing the other party sixty (60) days' written notice. • City also has special right to terminate if necessary for any public purpose by giving sixty (60) days' written notice. \\vbgov. com\dfs 1 \applica[ions\citylawprod\cycom32\ Wpdocs\D012\P006\00028342. DOC c ~n~a 8~a~h v~ ~arnnCrs M kc Laca+~art ~a ~~ r ii - I~ _ _ ! r - .., ~ ; ~ i ~- ~ • S ~ `I i•l 1 i ~~r V~~ ~~ 1 .;,- - , t' ~ . ' .~ . ~ ` t•, `^ - 45 - Item V-K. S. ORDINANCES/RESOLUTIONS ITEM # 59578 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution in SUPPORT of a Grant application to the Virginia Department of Conservation and Recreation (DCR) re the development of a trails project in Marshview Park and AUTHORIZE the City Manager to enter into the necessary Agreement Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 26, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A RESOLUTION IN SUPPORT OF A GRANT APPLICATION TO THE VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION FOR A RECREATIONAL TRAILS PROGRAM GRANT WHEREAS, a system of trails provides recreational opportunities that enhance the general health and welfare of the citizens of the City of Virginia Beach; and WHEREAS, the Virginia Beach Department of Parks and Recreation has identified a possible site for a recreational trail in Marshview Park; and WHEREAS, the Virginia Department of Conservation and Recreation administers state and federal program funds through the Virginia Recreational Trails Program; and WHEREAS, any approved Recreational Trails program must comply with applicable federal and state laws, including the National Environmental Policy Act ("NEPA"), the Endangered Species Act, and the Historic Preservation Act; and WHEREAS, the Recreational Trails Program provides grants of not less than $25,000 and no more than $100,000, which are administered as reimbursement for project purchases; and WHEREAS, the Recreational Trails Program requires grant recipients to provide local funding of at least 20% of project costs and a commitment that the project be completed within three years of the grant award; and WHEREAS, as required by NEPA, a public comment period for this project is currently underway; and WHEREAS, if the grant application is approved, the required local match would be paid from the Open Space Special Revenue fund. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. The Council of the City of Virginia Beach supports an application to the Virginia Department of Conservation and Recreation for the development of a trails project in Marshview Park. 2. The Council of the City of Virginia Beach acknowledges that if the grant application is approved, the project will require local funding of 20% of project costs and a commitment that the project be completed within three years of the grant award. 3. The City Manager or his authorized designee is authorized to enter into an agreement on behalf of the City in furtherance of the purpose of this Resolution 47 48 49 50 51 after review of such agreement for legal sufficiency by the Office of the City Attorney. Adopted by the City Council of the City of Virginia Beach, Virginia, this 26th day of January , 2010. APPROVED AS TO CONTENT: ParlFS an creation APPROVED AS TO CONTENT: ._ ~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: 1 y A orney's ffice CA11358 R-1 January 13, 2010 -46- Item V-K 6. ORDINANCES/RESOLUTIONS ITEM # 59579 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution DECLARING the Sheriff's lease of electronic monitoring equipment is no longer in the public interest and funding will be terminated Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 26, 2010 A RESOLUTION DECLARING N TORINGEEQU PMENT 1 2 LEASE OF ELECTRONIC M 3 WITH B.I. INCORPORATED EORESTOANDAREOSOLVING 4 LONGER IN THE PUBLIC INT 5 TO TERMINATE FUNDING 6 2009, the Sheriffs Office entered into a lease with B.I. 7 WHEREAS, on July 1, « 8 Incorporated of Colorado for electronic monitoring equipment (Lease"); and 9 WHEREAS, the Sheriffs Office has explored all practicable means of budge 10 11 reductions; and 12 WHEREAS, the Sheriffs Office has identifies tdhe Electronic Home Monitoring 13 14 Program as a potential target of program reductions, 15 WHEREAS, the Lease allows early termination upo the Ci'n Counhc ICresolves to 15 17 that the Lease is no longer in the publics interest and 1 g terminate funding. 19 0 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY O 2 21 VIRGINIA BEACH, VIRGINIA THAT: 22 23 The continuation of the Lease is no longer in th cpto the term nat ontpaov s on'in 24 hereby terminates further funding for the Lease, subs 25 the Lease, 26 da of Adopted by the Council of the City of Virginia Beach, Virginia on the _ Y January , ~~~~_ APPFtt~VED AS TO CONTENT; Sheriff's Office APPROVED AS TO LEGAL SUFFICIENCY: r _____- orney's Office CA11365 R-2 January 14, 2010 -47- Item V-K. 7a. b. ORDINANCES/RESOLUTIONS ITEM # 59580 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolutions to REQUEST the Virginia Department of Transportation (VDOT) ACCEPT urban maintenance payments for: a. additional local/collector and arterial streets b. changes to the urban maintenance funding inventory Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 26, 2010 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 ADDITIONAL STREETS FOR URBAN MAINTENANCE 4 PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting additional streets for urban maintenance payments; 8 9 WHEREAS, the 6.46 (Local/Collector) and 0.80 (Arterial) lane miles of streets 10 listed on Exhibit A (attached) have been constructed in accordance with standards 11 established by the Virginia Department of Transportation; 12 13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain 14 these streets; and 15 16 WHEREAS, a representative from the Virginia Department of Transportation has 17 inspected and approved these streets, 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That City Council hereby requests the Virginia Department of Transportation to 23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, 24 and to begin paying urban maintenance payments to the City of Virginia Beach based 25 on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of January , 2010. Approved as to Content: ~` Department of Public Works Approved as to Legal Sufficiency: I City orney's Office CA11351 R-2 January 4, 2010 City of Virginia Beach Exhibit A -New Streets Public Works /Operations New Street Street Tvoe STREET _ FROM TO LANE MILES LOCAL 12 TH ST PARKS AV W CUL DE SAC 0.44 LOCAL ALEXIS CT WOLFSNARE RD S CUL DE SAC 0.10 LOCAL BENDING BIRCH TL S CUL-DE-SAC E CUL-DE-SAC 0.66 LOCAL BOMBAY LD CASTLE GATE LA BENDING BIRCH TL 1.04 LOCAL CASTLE GATE LA NORTH LANDING RD WILHELM DR 0.16 LOCAL COOPERS AR KESTREL LA KESTREL LA 0.62 LOCAL COPPERHAWKE DR BOMBAY LD BENDING BIRCH TL 0.28 LOCAL COPPERHAWKE DR BOMBAY LD BENDING BIRCH TL 0.28 LOCAL CREEK COVE CT ATHENS BL W DEAD END 0.26 LOCAL ESKERS CT WILHELM DR S CUL-DE-SAC 0.04 LOCAL GUERNSEY WY BOMBAY LD E DEAD END 0.06 LOCAL KESTREL LA WEST NECK RD S CUL-DE-SAC 0.86 LOCAL LIBERTY CT S CUL-DE-SAC PROSPECT LA 0.12 LOCAL LOCKRIDGE CT STORM LAKE DR N CUL-DE-SAGE 0.22 LOCAL PINTER CT S CUL DE SAC BONNNEY RD 0.20 LOCAL SHARPIE CT KESTREL LA S CUL-DE-SAC 0.10 LOCAL SHURNEY LA DIAMOND SPRINGS RD DEAD END 0.20 LOCAL SWAINSONS LA KESTREL LA N CUL-DE-SAC 0.48 LOCAL TALLWOOD MANOR CT KEMPSVILLE RD CUL-DE-SAC 0.12 LOCAL TRADING PL LITTLE NECK RD (NB) E CUL DE SAC 0.22 Total Lane Miles of LOCAL streets : 6.46 Street Tvpe STREET FROM TO LANE MILES URBAN MINOR ARTERIAL WITCHDUCK RD N SULLIVAN BLVD SHAMAN CRES 0.32 Total Lane Miles of URBAN MINOR ARTERIAL streets : 0.32 Street Type STREET FROM TO LANE MILES URBAN PRINCIPAL ARTERIA 21ST ST ATLANTIC AV PACIFIC AV 0.12 URBAN PRINCIPAL ARTERIA 22ND ST ATLANTIC AV PACIFIC AV 0.18 URBAN PRINCIPAL ARTERIA LASKIN RD PACIFIC AV ATLANTIC AV 0.18 Total Lane Miles of URBAN PRINCIPAL ARTERIAL streets : 0.48 Total Lane Miles of New Street : 7.26 Monday, January 04, 2010 Page 1 of 1 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 CHANGES TO THE ROAD INVENTORY FOR URBAN 4 MAINTENANCE PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting changes or deletions to the revised road inventory for urban 8 maintenance payments; 9 10 WHEREAS, City personnel have reviewed the revised road inventory prepared 11 by the Virginia Department of Transportation and have determined that some 12 inaccuracies exist; 13 14 WHEREAS, changes to the revised road inventory have been identified as 15 shown on Exhibit B (attached); resulting in a net decrease of 2.52 (Local/Collector) lane 16 miles and a net increase of 15.75 (Arterial) lane miles, and 17 18 WHEREAS, a representative from the Virginia Department of Transportation has 19 inspected and approved changes. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That City Council hereby requests the Virginia Department of Transportation to 25 accept the changes listed on Exhibit B, attached hereto and incorporated by reference, 26 and to begin paying urban maintenance payments to the City of Virginia Beach based 27 on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of January 2010. Approved as to Content: /~` ~ ~ Department of Public Works Approved as to Legal Sufficiency: City orney's Office CA11352 R-2 January 4, 2010 City of Virginia Beach Exhibit B -Changes Public Works /Operations Additions/Re laced deletions LANE MILES Street Type STREET FROM TO LOCAL 18TH ST WASHINGTON AV ATLANTIC AV 1.42 LOCAL ALBRIGHT DR LYNNHAVEN PW LYNNHAVEN PW 1.62 LOCAL ALFRIENDS TR WITCHDUCK RD N E CUL DE SAC 0.74 LOCAL ARTESIA WY ATWOODTOWN RD W CUL DE SAC 2.22 LOCAL CASA VERDE WY ARTESIA WY SANTA FE DR 0.50 LOCAL GARITA CT ARTESIA WY N CUL DE SAC 0.10 LOCAL NANSEMOND LP NANSEMOND LP NANSEMOND LP 1.00 LOCAL PEREZ WY ARTESIA WY W CUL DE SAC 0.22 LOCAL SANTA FE ARCH ARTESIA WY ARTESIA WY 0.66 LOCAL SANTA FE DR ARTESIA WY S CUL DE SAC 0.66 LOCAL SCARLET OAK CT SCARLET OAK DR N CUL DE SAC 0.10 LOCAL SCARLET OAK DR S LYNNHAVEN RD GOLDEN MAPLE DR 0.40 LOCAL SCOTCHTOWN DR FALLING SUN LA NIMMO PKWY 0.42 LOCAL SEA SCAPE RD SANDPIPER RD N CUL DE SAC 0.40 LOCAL SETTLERS PARK DR SUDBURY CT WESTHAVEN CR 0.38 LOCAL TIERRA MONTE ARCH ARTESIA WY ARTESIA WY 0.58 LOCAL TODD ST HARGROVE BL CUL DE SAC 0.50 LOCAL VADITO WY ARTESIA WY N CUL DE SAC 0.30 LOCAL ZIA DR S CUL DE SAC ARTESIA WY 0.50 Total Lane Miles of LOCAL streets : 12_72 Street Type STREET FROM TO LANE MILES URBAN COLLECTOR CARDINAL RD LASKIN RD S ORIOLE DR 1.74 Total Lane Miles of URBAN COLLECTOR streets : 1.74 Street Tvne STREET FROM TO LANE MILES URBAN MINOR ARTERIAL DAM NECK RD CELLAR DOOR WY SALEM RD 2.84 URBAN MINOR ARTERIAL GENERAL BOOTH BLVD OCEANA BLVD BIRDNECK RD S 4.88 URBAN MINOR ARTERIAL HAYGOOD RD WESLEYAN DR INDEPENDENCE BLVD 4.20 URBAN MINOR ARTERIAL HOLLAND RD LYNNHAVEN PW SHIPPS CORNER RD 2.56 URBAN MINOR ARTERIAL INDEPENDENCE BLVD S BELSPRING RD SALEM RD 2.76 URBAN MINOR ARTERIAL INDIAN RIVER RD NORTH LANDING RD 0.03 E LYNNHAVEN PKWY 10.40 URBAN MINOR ARTERIAL LONDON BRIDGE RD DAM NECK RD HORNET DR 0.92 URBAN MINOR ARTERIAL LONDON BRIDGE RD HORNET DR SHIPPS CORNER RD 1.90 URBAN MINOR ARTERIAL LONDON BRIDGE RD POTTERS RD VIRGINIA BEACH BL 2.16 URBAN MINOR ARTERIAL LYNNHAVEN PW W CITY LINE HEALD WY 3.44 URBAN MINOR ARTERIAL NORTH LANDING RD PRINCESS ANNE RD CHESAPEAKE CITY LINE 8.2$ URBAN MINOR ARTERIAL PLAZA TLS PRINCESS ANNE RD LOPER LA 3.68 Total Lane Miles of URBAN MINOR ARTERIAL streets : 48_02 Monday, January 04, 2010 Page 1 of 4 itions/Renlaced deletions R TO LANE MILES Street T e STREET OM F URBAN PRINCIPAL ARTERIA 21ST ST ARCTIC AV PACIFIC AV 0.33 URBAN PRINCIPAL ARTERIA 21ST ST PARKS AV ARCTIC AV 1.68 URBAN PRINCIPAL ARTERIA 22ND ST BALTIC AV PARKS AV 1.28 URBAN PRINCIPAL ARTERIA GENERAL BOOTH BLVD DAM NECK RD OCEANA BLVD 3.48 URBAN PRINCIPAL ARTERIA NORTHAMPTON BLVD SHORE DR 0.15 E DIAMOND SPRINGS RD 18.00 URBAN PRINCIPAL ARTERIA VIRGINIA BEACH BL FOUNTAIN DR 0.35 E GREAT NECK RD 1.80 Total Lane Miles of URBAN PRINCIPAL ARTERIAL streets : 26_57 Total Lane Miles of Additions/Replaced deletions : 89.05 Deletions __ _ _ ANE MILEs Street Type STREET FROM TO _ LOCAL BASIN CT RT 1431 BASIN RD DEAD END -0.30 Total Lane Miles of LOCAL streets : -0_30 Street Type STREET FROM TO LANE MILES URBAN MINOR ARTERIAL LONDON BRIDGE RD REL END OF CONSTRUCTION GENERAL BOOTH BLVD -0.80 URBAN MINOR ARTERIAL LONDON BRIDGE RD REL GENERAL BOOTH BLVD END OF CONSTRUCTION -0.80 Total Lane Miles of URBAN MINOR ARTERIAL streets : -1_60 Total Lane Miles of Deletions : -1.90 Monday, January 04, 2010 Page 2 of 4 Deletions/To be replaced Street Tvae STREET FROM TO LANE MILES LOCAL 18TH ST DEAD END ATLANTIC AV -1.28 LOCAL ALBRIGHT DR LYNNHAVEN PW MIDDLESBORO CT -1.50 LOCAL ALFRIENDS TR DONATION DR CUL-DE-SAC -0.54 LOCAL ARTESIA WY 380' W OF ZIA DR W CUL-DE-SAC -0.52 LOCAL CAMINO REAL N ATWOODTOWN RD VADITO WY -1.00 LOCAL CAMINO REAL N VADITO WY 07 W OF ZIA DR -0.70 LOCAL CARDINAL RD KAMICHI CT 0.60MN KAMICHI CT -1.20 LOCAL CASA VERDE WY CAMINO REAL N SANTA FE DR -0.50 LOCAL DONATION DR WITCHDUCK RD N ALFRIENDS TR -0.22 LOCAL GARITA CT CAMINO REAL N N CUL DE SAC -0.10 LOCAL INDEPENDENCE BV S BELSPRING DR SALEM RD -2.76 LOCAL NANSEMOND LP NANSEMOND ST NANSEMOND ST -I.00 LOCAL PEREZ WY CAMINO REAL N W CUL DE SAC -0.22 LOCAL SANTA FE ARCH CAMINO REAL N CAMINO REAL N -0.66 LOCAL SANTA FE DR CAMINO REAL N S CUL DE SAC -0.62 LOCAL SCARLOT OAK CT SCARLOT OAK DR CUL-DE-SAC -0.10 LOCAL SCARLOT OAK DR S LYNNHAVEN RD GOLDEN MAPLE DR -0.40 LOCAL SCOTCHTOWN DR FALLING SUN LA 0.19 W FALLING SUN -0.38 LOCAL SEA SCAPE RD SANDPIPER RD DEAD END -0.12 LOCAL SETTLERS PARK DR 0.01 W OF RIVERSTONE DR 0.05 S OF RIVERSTONE DR -0.22 LOCAL TIERRA MONTE ARCH CAMINO REAL N CAMINO REAL N -0.58 LOCAL TODD ST 0.08 S HARGROVE BVD CUL-DE-SAC -0.14 LOCAL TODD ST HARGROVE BVD 0.08 S HARGROVEBVD -0.16 LOCAL VADITO WY CAMINO REAL N N CUL DE SAC -0.30 LOCAL ZIA DR S CUL DE SAC CAMINO REAL N -0.50 Total Lane Miles of LOCAL streets : -15.72 Street Type STREET FROM TO LANE MILES URBAN COLLECTOR CARDINAL RD LASKIN RD KAMICHI CT -0.96 Total Lane Miles of URBAN COLLECTOR streets : -0_96 Street Tv~e STREET FROM TO LANE MILES URBAN MINOR ARTERIAL ELBOW RD SALEM RD EAST DEAD END -1.66 URBAN MINOR ARTERIAL GENERAL BOOTH BLVD 1.59 N DAM NECK RD BIRDNECK RD -0.84 URBAN MINOR ARTERIAL GENERAL BOOTH BV 0.52MN DAM NECK RD I.59MN DAM NECK RD -4.28 URBAN MINOR ARTERIAL GREAT NECK RD S VIRGINIA BEACH BL POTTERS RD -0.72 URBAN M[NOR ARTERIAL HAYGOOD RD FERRY PLANTATION RD INDEPENDENCE BLVD -0.52 URBAN MINOR ARTERIAL HAYGOOD RD WESLEYAN DR FERRY PLANTATION RD -1.58 URBAN MINOR ARTERIAL HOLLAND RD 0.06 S LYNNHAVEN RD SHIPPS CORNER RD -1.16 URBAN MINOR ARTERIAL HOLLAND RD LYNNHAVEN PW 0.06 S LYNNHAVEN PW -0.24 URBAN MINOR ARTERIAL INDIAN RIVER RD 1.23 W NORTH LANDING RD ELBOW RD -8.46 URBAN M[NOR ARTERIAL INDIAN RIVER RD ELBOW RD 0.03 E LYNNHAVEN PKWY -4.08 URBAN MINOR ARTERIAL INDIAN RIVER RD NORTH LANDING RD 1.23 W NORTH LANDING RD -2.46 Monday, January 04, 2010 Page 3 of 4 Deletions/To be replaced Street Tvne STREET FROM TO LANE MILES URBAN MINOR ARTERIAL LONDON BRIDGE RD DAM NECK RD SHIPPS CORNER RD -2.34 URBAN MINOR ARTERIAL LYNNHAVEN PK CENTERVILLE TRNPK DEAD END -0.82 URBAN MINOR ARTERIAL LYNNHAVEN PW 16 ME SUSAN LEE LA DEAD END -0.30 URBAN MINOR ARTERIAL LYNNHAVEN PW 0.07 E SUSAN LEE LA 0.16 E SUSAN LEE LA -0.18 URBAN MINOR ARTERIAL LYNNHAVEN PW 0.08 CENTERVILLE TPK SUSAN LEE LA -0.10 URBAN MINOR ARTERIAL LYNNHAVEN PW CENTERVILLE TPK 0.08 E CENTERVILLE TPK -0.16 URBAN MINOR ARTERIAL LYNNHAVEN PW SUSAN LEE LA 0.07 E SUSAN LEE LA -0.14 URBAN MINOR ARTERIAL NORTH LANDING RD GEORGE MASON DR SALEM RD -0.40 URBAN MINOR ARTERIAL NORTH LANDING RD INDIAN RIVER RD CHESAPEAKE CITY LINE -0.40 URBAN MINOR ARTERIAL NORTH LANDING RD PRINCESS ANNE RD GEORGE MASON DR -0.40 URBAN MINOR ARTERIAL NORTH LANDING RD SALEM RD INDIAN RIVER RD -0.40 URBAN MINOR ARTERIAL PLAZA TR S PRINCESS ANNE RD S INDEPENDENCE BV -2.88 Total Lane Miles of URBAN MINOR ARTERIAL streets : -34.52 Street Tvoe STREET FROM TO _ LANE MILES URBAN PRINCIPAL ARTERIA 21ST ST BALTIC AV PACIFIC AV -0.84 URBAN PRINCIPAL ARTERIA 21ST ST CYPRESS AV BALTIC AV -0.42 URBAN PRINCIPAL ARTERIA 21ST ST PARKS AV CYPRESS AV -0.22 URBAN PRINCIPAL ARTERIA 22ND ST BALTIC AV PARKS AV -0.64 URBAN PRINCIPAL ARTERIA GENERAL BOOTH BV 0.22 MN DAM NECK RD 0.52MN DAM NECK RD -1.20 URBAN PRINCIPAL ARTERIA GENERAL BOOTH BV DAM NECK RD 0.22MN DAM NECK RD -1.32 URBAN PRINCIPAL ARTERIA NORTHAMPTON BLVD SHORE DR 0.15 E DIAMOND SPRINGS RD -17.16 URBAN PRINCIPAL ARTERIA VIRGINIA BEACH BL FOUNTAIN DR 0.35 E GREAT NECK RD -0.92 Total Lane Miles of URBAN PRINCIPAL ARTERIAL streets : -22.72 Total Lane Miles of Deletions/To be replaced : -73.92 Monday, January 04, 2010 Page 4 of 4 -48- Item V-K. 8a. b. ORDINANCES/RESOLUTIONS ITEM # 59581 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolutions re Appointive Boards and Commissions: a. Re-Establish the Advertising Advisory Committee b. Increase Membership for Bikeways and Trails Advisory Committee Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 26, 2010 REQUESTED BY CITY COUNCIL 1 A RESOLUTION TO REESTABLISH THE ADVERTISING 2 ADVISORY COMMITTEE 3 4 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 7 That the Virginia Beach Advertising Advisory Committee is hereby reestablished 8 as a standing committee of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day of January , 2010. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA111361 R-1 January 15, 2010 REQUESTED BY CITY COUNCIL 1 A RESOLUTION TO ADD AN ADDITIONAL MEMBER TO 2 THE BIKEWAYS AND TRAILS ADVISORY COMMITTEE 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 6 That the City's Bikes and Trails Advisory Committee shall be comprised of four 7 citizen members with diverse geographical representation and experience and four 8 representatives from the bicycle and trails community. Adopted by the Council of the City of Virginia Beach, Virginia on the ~6r_h day of ,7anuar~ , 2010. APPROVED AS TO LEGAL SUFFICIENCY: ~G~~F~ ~~ 4%yC City Attorney's O ice CA111362 R-1 January 15, 2010 -49- Item V-K.9. ORDINANCES/RESOLUTIONS ITEM # 59582 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to ACCEPT and APPROPRIATE $2, 000 from the Virginia Department of Forestry and Department of Conservation and Recreation to the FY2009-2010 Parks and Recreation Department Operating Budget re an Urban Tree Canopy Analysis Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None January 26, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE FUNDS TO THE FY 2009-10 OPERATING BUDGET OF THE DEPARTMENT OF PARKS AND RECREATION FOR AN URBAN TREE CANOPY ANALYSIS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $2,000 is hereby accepted from the Virginia Department of Forestry and Department of Conservation and Recreation and appropriated, with state revenues increased accordingly, to the FY 2009-10 Operating Budget of the Department of Parks and Recreation for an Urban Tree Canopy Analysis. Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day of January , 2010. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services t orney's Office CA11359 R-4 January 12, 2010 -50- Item V-K.10. ORDINANCES/RESOLUTIONS ITEM # 59583 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to TRANSFER $1,649,705 from the FY 2009-2010 Schools Operating Budget Grants Consolidated Fund to Energy Performance Contracts Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 26, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO TRANSFER FUNDS FROM THE GRANTS CONSOLIDATED FUND TO CIP #1-109, ENERGY PERFORMANCE CONTRACTS (SCHOOLS) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $1,649,705 is hereby transferred from the FY 2009-10 Schools Operating Budget in the Grants Consolidated Fund to CIP #1-109, Energy Performance Contracts (Schools). Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day of gas-y-, 2010. Approved as to Content: ~~ Management Services Approved as to Legal Sufficiency: ' A n s Office CA11363 R-2 January 13. 2010 -51- Item V-K.11. ORDINANCES/RESOLUTIONS ITEM # 59584 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, AS AMENDED *: Ordinance to AWARD $135, 000 in Economic Development Investment Program (EDIP) funds to Runnymede Corporation to offset expenses associated with utility relocation at the Pavilion Center II line 22, "..located in Strategic Growth Area ~ 8 ". Voting.• 7-1 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John E. Uhrin, and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph Council Members Abstaining.• Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Absent.• None January 26, 2010 -52- Item V-K.11. ORDINANCES/RESOLUTIONS ITEM # 59584 (Continued) Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), Code of Virginia, re Item K 11. (EDIP funds to Runnymede Corporation associated with utility relocation at the Pavilion Center II) Mayor Sessoms will be a tenant at Pavilion Center II, which is located at 600 22"d Street. Mayor Sessoms is an employee of TowneBank. Although the City Attorney has advised he may participate without restriction in City Council's consideration of this Ordinance, he has chosen to DISCLOSE this interest and ABSTAIN from voting on the Ordinance. Mayor Sessoms' correspondence of January 26, 201 D, is hereby made a part of the record Council Lady Wilson DISCLOSED and ABSTAINED pursuant to Section 2.2-311 S(E), re Item K 11. (EDIP funds to Runnymede Corporation associated with utility relocation at the Pavilion Center II) Council Lady Wilson advised Prudential Towne Realty will be a tenant at Pavilion Center II, which is located at 600 22"d Street. Council Lady Wilson is a Real Estate Agent affiliated with Prudential Towne Realty and receives commissions from Prudential Towne Realty. Although the City Attorney has advised she may participate without restriction in City Council's consideration of this Ordinance, she has chosen to DISCLOSE this interest and ABSTAIN from voting on the Ordinance. Council Lady Wilson 's correspondence of January 26, 2010, is hereby made a part of the record January 26, 2010 v~ tea; ~3.,, -•L - ~ City of Virgirzia Beach ~ .. ~y z ~~, ~,~ vf,~ $F, S O 0N5 p OUR NAZ1 VBgov.corn WILLIAM D. SESSOMS, JR. MUNICIPAL CENTER BUILDING 1 MAYOR 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757)385-4581 In Reply Refer to 0040824 FAx (757> 3s5-5sss wsessomsC~3vbgov.com January 26, 2010 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(E), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the ordinance to approve $135,000 in EDIP funds for Runnymede Corporation for Pavilion Center II. 2. TowneBank will be a tenant at Pavilion Center II, which is located at 600 22"d Street. 3. I am an employee of TowneBank. 4. Although the City Attorney has advised me that the Conflict of Interests Act provides that I may participate without restriction in Council's consideration of this ordinance, I nevertheless have chosen to disclose this interest and will abstain from voting on the ordinance. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Mrs. Ruth Hodges Fraser -2- Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Thank you for your assistance in this matter. January 26, 2010 Sincerely, , /' ~~~~ William D. Sessoms, Jr. Mayor WDS/RRI ' r~~ ~,'~ ~ City of Virgirzia Beach ~_..~ ya ~ e~ , y99~S of OUR FNA~~~NS 0~~ ROSEMARY WILSON COUNCIL LADY - AT-LARGE In Reply Refer to 0040823 January 26, 2010 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Dear Mrs. Fraser: VBgov.com PHONE: (757) 422-0733 FAX: (757) 385-5669 Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(E), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the ordinance to approve $135,000 in EDIP funds for Runnymede Corporation for Pavilion Center II. 2. Prudential Towne Realty will be a tenant at Pavilion Center II, which is located at 600 22°d Street. 3. I am a real estate agent affiliated with Prudential Towne Realty, and I receive commissions from Prudential Towne Realty. 4. Although the City Attorney has advised me that the Conflict of Interests Act provides that I may participate without restriction in Council's consideration of this ordinance, I nevertheless have chosen to disclose this interest and will abstain from voting on the ordinance. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 1304 WREN PLACE, VIRGINIA BEACH, VA 23451 Mrs. Ruth Hodges Fraser -2- Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Thank you for your assistance in this matter. Sincerely, January 26, 2010 U Rosemary A. Wilson Councilmember RAW/RRI 1 AN ORDINANCE TO APPROVE THE AMOUNT 2 OF $135,000 IN ECONOMIC DEVELOPMENT 3 INVESTMENT PROGRAM FUNDS (EDIP) TO 4 RUNNYMEDE CORPORATION FOR PAVILION s CENTER II BY THE CITY OF VIRGINIA BEACH 6 DEVELOPMENT AUTHORITY s WHEREAS, under the City's Economic Development Investment Program (the 9 "EDIP"), the City Council authorizes the City of Virginia Beach Development Authority to ("Authority") to make awards to qualified businesses for the purpose of promoting 11 economic development within the City of Virginia Beach on the terms and conditions as 12 set forth in the EDIP. 13 14 WHEREAS, if the Director of Economic Development and the Authority 15 determine that an award of EDIP funds would be consistent with the intent of the EDIP 16 and is in the best interests of the City of Virginia Beach, but such award does not meet 1~ the technical requirements of the EDIP, the Authority must seek City Council approval 18 prior to making such an award. 19 20 WHEREAS, Runnymede Corporation ("Runnymede") is the developer of Pavilion 21 Center II located at 600 22"d Street in the City of Virginia Beach ("Pavilion Center") 22 located in Strategic Growth Area 8. 23 24 WHEREAS, in connection with the development of Pavilion Center, Runnymede 2s sought an award under the Part "B" of the EDIP. At the time Runnymede requested the 26 award, Pavilion Center was not in an identified Strategic Growth Area or Economic 2~ Redevelopment Area as required by the EDIP. 2s 29 WHEREAS, on December 8, 2009, the City adopted a new Comprehensive Plan. 3o The area in which Pavilion Center is located is within a Strategic Growth Area identified 31 in the new Comprehensive Plan, the costs sought to be offset by the proposed award 32 are consistent with those that may be paid with EDIP funds, and the project would 33 otherwise qualify for an EDIP award if construction had not commenced prior to the 34 award. Because Construction on Pavilion Center is now complete, an award of EDIP 3s funds requires City Council approval. 36 37 WHEREAS, the Director of Economic Development and the Authority desire to 3s make an award of EDIP funds in the amount of $135,000 to Runnymede to offset the 39 expenses associated with utility relocation necessary for the construction of Pavilion 4o Center. 41 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 44 VIRGINIA BEACH, VIRGINIA: 45 46 1. The City of Virginia Beach Development Authority (the "Authority") is 4~ hereby authorized to make an award of Economic Development Investment funds in the 4s amount of $135,000 to Runnymede Corporation ("Runnymede") to offset the expenses 49 associated with utility relocation at the Pavilion Center II in the City of Virginia Beach. so 2. The award of EDIP funds to Runnymede Corporation shall be on such si terms and conditions as deemed appropriate by the Chair of the Authority and deemed s2 legally sufficient by the City Attorney. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th 55 day of January , 2010. CA11202 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\Wpdocs\D003\P005\00023886.DOC R-1 January 14, 2010 APPROVED AS TO CONTENT: ~~-. APPROVED AS TO LEGAL SUFFICIENCY: Department of Economic Development 2 City Attorney's Office -53- L. PLANNING ITEM # 59585 PLANNING - NO ACTION 1. LAURIE RICHARDS GREEN PARROT GRILLE/ KAYBURTON M. PLANNING 1. HELLS KITCHEN ON THE BAY/ CHESAPEAKE BEACH COMMONS, LLC 2. VIKING MOTEL CORPORATION 3. ROBERT and DOROTHYMARTINSEN 4. HOME ASSOCIATES OF VIRGINIA, INC. S. IGLESIA CHRISTIANA RIOS DE AGUA VIVA PLEASANT VALLEYASSOC., L.L.C. 6. KEMPSVILLE PRESBYTEIAN CHURCH 7. SEASHELL PROPERTIES, LLC 8. SENIOR'S UNLIMITED LIFESTYLES, INC./ WILLIE DONALD MARTIN, SR. 9. GARY C. KIMNACH, C/O BEACHAUTO WILLIAM D. III AND GRACE A. FRIERSON I0. ST. LUKE CATHOLIC CHURCH/CATHOLIC DIOCESE OF RICHMOND EXPANSION OF NONCONFORMING STRUCTURE EXPANSION OF NONCONFORMING STREET CLOSURE STREET CLOSURE AMENDMENT TO SHER WOOD LAKES PD-H PLAN CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING MODIFICATIONS OF CONDIITONS (approved by City Council on January 9, 1989 And November 27, 1990) January 26, 2010 -54- L. PLANNING ITEM # 59586 A Resolution authorizing an Expansion of a Nonconforming Use for Laurie Richards -GREEN PARROT GRILLE on property located at 4494 Lookout Road. DISTRICT 4 - BAYSIDE The applicant failed to post the public notice sign on the property as required by the City's Zoning Ordinance. Thus, this item cannot be heard by the City Council. No ACTION is required by the City Council, staff will advertise the application for City Council's February 9 Meeting. January 26, 2010 -55- v M. PLANNING ITEM # 59587 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1, 2 (REVISED CONDITIONS), 3, S, 6 (DEFERRED INDEFINITEL I~, 7, 8, 9 AND IO of the PLANNING BY CONSENT AGENDA. Voting.• 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 26, 2010 -56- Item V-M.1. PLANNING ITEM # 59588 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution upon application of HELLS KITCHEN ON THE BAY/CHESAPEAKE BEACH COMMONS, LLC for the Expansion o a Nonconforming Structure at 4600 Lookout Road re a roof covering over an existing deck: BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Resolution upon application of HELLS KITCHEN ON THE BAY/CHESAPEAKE BEACH COMMONS, LLC for the Expansion of a Nonconforming Structure at 4600 Lookout Road re a roof covering over an existing deck, GPIN # 15706146430000) DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. The alterations to the existing deck shall substantially adhere to the submitted marked-up site plan entitled "Physical Survey of Lot 18 and Part of Lots 17 and 19 ", dated April 12, 2000, and prepared by Ward M. Holmes Land Surveyor, P. C. Said plan has been exhibited to the City of Virginia City Council and is on ftle in the Planning Department. 2. The alterations to the deck shall substantially adhere to the photograph of the site. Said photograph has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 3. All necessary alteration permits and a certificate of occupancy for the covered deck from the Department of Planning/Permits and Inspections Division shall be obtained within sixty (60) days of this approval. 4. There shall be no speaker system or the playing of music on the deck area or anywhere outside the main building. Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 26, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 4600 LOOKOUT ROAD OWNED BY CHESAPEAKE BEACH COMMONS, INC AND OPERATED AS HELL'S KITCHEN ON THE BAY. WHEREAS, Hell's Kitchen on the Bay (hereinafter the "Applicant") has made application to the City Council for authorization to enlarge a nonconforming use having the address of 4600 Lookout Road, in the R-5R Resort Residential District, by adding a roof covering over an existing deck on a nonconforming restaurant structure; and WHEREAS, the said restaurant is nonconforming, as it is located in the R-5R Zoning District, which does not allow restaurants; and WHEREAS, the use was commenced prior to the adoption of the applicable regulations; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement of a nonconforming use is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed use, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed use, as enlarged, will be equally appropriate to the district as is the existing use under the conditions of approval set forth hereinbelow. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the enlargement of the nonconforming use is hereby authorized, upon the following conditions: 1. The alterations to the existing deck shall substantially adhere to the submitted marked-up site plan entitled "Physical Survey of Lot 18 & Part of Lots 17 & 19", dated April 12, 2000, and prepared by Ward M. Holmes Land Surveyor, P.C. Said plan has been exhibited to the City of Virginia City Council and is on file in the Planning Department. 2. The alterations to the deck shall substantially adhere to the photograph of the site. Said photograph has been exhibited to the City of Virginia Beach City 47 48 49 50 51 52 53 54 55 56 57 Council and is on file in the Planning Department. 3. All necessary alteration permits and a certificate of occupancy for the covered deck from the Department of Planning/Permits and Inspections Division shall be obtained within 60 days of this approval. 4. There shall be no speaker system or the playing of music on the deck area or anywhere outside the main building. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of January , 2010. APPROVED AS TO CONTENT Planning D rtment APPROVED AS TO LEGAL SUFFICIENCY: ~ ~, 1 ~> ~. ~ ~ ~.~ City Attorney's Office CA11360 R-1 January 11, 2010 -57- Item V-M.2. PLANNING ITEM # 59589 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, with REVISED CONDITIONS, BY CONSENT, Ordinance upon application of VIKING MOTEL CORPORATION for the closure of a portion of 27-% Street near Pacific Avenue to demolish the existing motel buildings and construct amixed--use building with restaurants, retail shops and offices on the site. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of VIKING MOTEL CORPORATION, re the discontinuance, closure and abandonment of a portion of 27 %z Street, beginning on the west side of Atlantic Avenue for a distance of 71. SO feet, GPIN: Adjacent to #24280098060000 DISTRICT 6 -BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, "approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall re-subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The subdivision plat shall include a plat note requiring structures built over the closed area to be at least sixteen (16) feet off the ground. The plat must be approved for recordation prior to final street closure approval. 3. The applicant shall record a twenty (20) foot vehicular and pedestrian ingress/egress easement the entire length of street closure. The applicant shall provide and maintain pedestrian lighting along the length of the easement and shall remove any on-street parking spaces located within the closed area. There shall be noparking allowed within the easement area and the applicant shall install and maintain "No Parking" signs along the sides o the le~th of the easement area. 4. Easements satisfactory to the utility companies shall be provided for access to their facilities. S. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council (January 25, 2011). If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right-of--way, this approval shall be considered null and void. January 26, 2010 -58- Item V-M.2. PLANNING ITEM # 59589 (Continued) This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of January Two Thousand Ten Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 26, 2010 1 ORDINANCE APPROVING APPLICATION OF 2 VIKING MOTEL CORPORATION FOR THE 3 DISCONTINUANCE, CLOSURE AND 4 ABANDONMENT OF THE EASTERNMOST 5 71.50 FEET OF 27'/z STREET 6 7 WHEREAS, Viking Motel Corporation applied to the Council of the City of 8 Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, 9 and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said street be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance; 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 16 Virginia Beach, Virginia: 17 1 g SECTION I 19 20 That the hereinafter described street be discontinued, closed and vacated, 21 subject to certain conditions being met on or before one (1) year from City Council's 22 adoption of this ordinance: 23 24 All that certain piece or parcel of land situate, lying and being 25 in the City of Virginia Beach, Virginia, designated and 26 described as "DENOTES PORTION OF 27 '/2 STREET TO 27 BE CLOSED AREA = 1,431 SF OR 0.033 AC" shown as the 28 shaded area on that certain plat entitled: "EXHIBIT `A' 29 SHOWING PORTION OF 27 1/2 STREET TO BE CLOSED 30 VIRGINIA BEACH, VIRGINIA SEPTEMBER 10, 2009" 31 Scale: 1" = 50', prepared by MSA, P.C., a copy of which is 32 attached hereto as Exhibit A. 33 34 SECTION II 35 36 The following conditions must be met on or before one (1) year from City 37 Council's adoption of this ordinance: 38 39 1. The City Attorney's Office will make the final determination regarding 40 ownership of the underlying fee. The purchase price to be paid to the City shall be 41 determined according to the "Policy Regarding Purchase of City's Interest in Streets 42 43 GPIN: 2428-00-9806 i 44 Pursuant to Street Closures," approved by City Council. Copies of said policy are 45 available in the Planning Department. 46 47 2. The applicant shall resubdivide the property and vacate internal lot lines to 48 incorporate the closed area into the adjoining parcels. The resubdivision plat shall 49 include a plat note requiring structures built over the closed area to be at least sixteen 50 (16) feet off the ground. The resubdivision plat shall be submitted and approved for 51 recordation prior to final street closure approval. 52 53 3. The applicant shall dedicate a twenty (20) foot wide public vehicular and 54 pedestrian access ingress/egress easement over the entire length of the closed area. 55 The applicant shall provide and maintain pedestrian lighting along the length of the 56 easement area and shall remove any on street parking spaces located within the closed 57 area. There shall be no parking allowed within the easement area and the applicant 58 shall install and maintain "No Parking" signs along the sides of the length of the 59 easement area. 60 61 4. Easements satisfactory to the utility companies shall be provided for access 62 to their facilities. 63 64 5. Closure of the right-of-way shall be contingent upon compliance with the 65 above stated conditions within one (1) year of approval by City Council. If all conditions 66 noted above are not in compliance and the final plat is not approved within one (1) year 67 of the City Council vote to close the street, this approval will be considered null and 68 void. 69 70 SECTION III 71 72 1. If the preceding conditions are not fulfilled on or before January 25, 2011, 73 this Ordinance will be deemed null and void without further action by the City Council. 74 75 2. If all conditions are met on or before January 25, 2011, the date of final 76 closure is the date the street closure ordinance is recorded by the City Attorney. 77 78 3. In the event the City of Virginia Beach has any interest in the underlying 79 fee, the City Manager or his designee is authorized to execute whatever documents, if 80 any, that may be requested to convey such interest, provided said documents are 81 approved by the City Attorney's Office. 82 83 SECTION IV 84 85 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 86 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 87 OF VIRGINIA BEACH as "Grantor" and VIKING MOTEL CORPORATION as "Grantee." a 88 Adopted by the Council of the City of Virginia Beach, Virginia, on this 89 26th day of January , 201 0 . 90 91 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE- 92 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA11210 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\ Wpdocs\D012\P006\00038628. DOC R-1 January 12, 2010 APPR VEDAS Planning D art CONTENT: ~- Vl (./l.~/~ City Attorney 3 APPROVED AS TO LEGAL SUFFICIENCY: EXHIBIT A h ~~ o~ ~~ Wp 2 ~~ ~~ ~o S m~ wa ~~ V lets snPEEr (so' R/U) F1 (M.B. .~ PG. 176) \S~l ~.~~~ r ~~n nn' 0 bIK/NG MOTEL CORP. VIKING MOTEL CORP. z (O.B. 2.309, PG. 1418) (D.B. 2309, PG. 1418) ~ 44' OF LOT 9, BLOCK 67 LOTS 1,6,7,8 do E 21.5' OF -' `'' (M.B. 3 PG. 177) LOT 2, BLOCK 67 J u, o GP/N 2428-DO-79.j9 (M.B. 3, PG. 177) _ ZONED RT3 GPIN 2428-00-9806 W ~ N/F ZONED RT2 rn /OLEWIYYLE MOTEL, /NC. SITE IS DEVELOPED (OB 191B, PG 344) ~ o LOT>OANOPARTOFLOT9,1 LOTB I LOT7 I LOT6 BLOCK 67 I I I ~ (M.B. .3 PG. 177) N 13'51'27" W o GPlN 2428-00-6977 20.07' 11 N - LOT 10 LOT 9 0~ ~w S 76'11'17" W 17 1/1 S1Rf1rT 249.89' 0/A : ~~71.50';~;:~ ~ ~:~.~. ~ w N 76'06'31" E (M.B. ,j PG 176) 250.00' 0/A •::::~•71.50':~::.. ~ o~ LOT 5 LOT 4 N~ ........... O~ll ~ Z MAHAKAAL 2701, LLC cn I 20060124000121610) VIKING MOTEL CORP. ~ J N~ 4.j' OF LOT .~ cQ' 28.5' (D.B. 2309, PG. 1418) j ' MAHAKAAL 2701, LLC ~ LOT 2, BLOCK 67 LOTS 1,6.7.8 dt E 21.5' v ~ (/NST.,~' ~/N 2428P00 8844 ~M.BT 3,~ PG.0177) 7 `'' ~ 200601240001216>O) ZONED RT2 GPIN 2428-00-9806 o LOTS 4, 5 AND PART I I I ZONED RT2 w OF 3, BLOCK 67 I ( I SITE IS DEVELOPED (M.B. 3, PG. 177) GP/N 2428-00-7862 LOT 3 ~ ~ LOT 1 0 ZONED RT2 0 0 v v ~ S 76'07'56" W 250.00' 0511 17th STREET (60' R/W) \ (M.B. .~ PG. 176) DENOTES PORTION OF 27 STREET TO BE CLOSED AREA=1,431 SF OR 0.033 AC a ~~ wa ~~ ~O 50' 0 50' 100' 1 INCH = 50' FT EXHIBIT 'A' SHOWING POR7J'ON OF 27 ~2 STREET TO BE CL O ED VIRGINIA BEACN, VIRGINIA SEPTEMBER 10, 2009 Landscape Architecture • Planning Surveying • Engineering Environmental Sciences 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708 PHONE (75~ 490-9264 • FAX (75'n 490-0634 SHEET > Of- 2 PRINCESS ANNE ~~ $ ----- COUNTRY CLUB 33rd 32~ S IN R~ S( 3Oth S GQEq ~ 29~' S T DPA EA N ~~~ 26~ ~ ~~ ~ 24th ST 23rd SS ~ ct ~ -----'--"„ 2~st LOCATION MAP -SCALE: 1" = 2,000' NOIES.~ 1. NORTH MER/0/AN SHOiYN HEREON /S BASED ON IHE t~IRG/N/A STATE PLANE COORD/HATE SYSTEM, SOUTH ZONE, NAD 1983/93 (HARN~ 2. CURRENT OWNER AS PER C/TY OF 19RG/N/A BEACH REAL ESTA7F' ASSESSOR /S I~IK/NG MOTEL CORPORA AON. (D. B. 2309, PG >4>8~ .~ PROPERTY L/NE /NFORMATION SHON9V HEREON /S DER/YFD FROM f7EL0 WORK PERFORMED BY MSst, P. C. ON JUNE 16, 2008. of r~A • ~~ -p~~rwrrz ~ -Cic. No. 2306 i- S- ~~ `~0 SUR`I~~ EXHIBIT 'A' SHOWING POR770N OF 27 1/2 STREET TO BE CLOSED VIRGINIA BEACH, VIRGINIA SEPTEMBER 10, 2009 ~~~9 ~.~. Landscape Architecture • Plan~g Surveying • Engineering' Environmental Sciences 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462.9708 PHONE (757) 490-9264 • FAX (757) 490-34 SHEET 2 OF 2 DWN BY: GMZ JOBS 08094 F8: SCALE: GRAPHIC -59- Item V-M.3. PLANNING ITEM # 59590 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT an Ordinance upon application of ROBERT and DORTHYMARTINSENfnr the closure of an unimprovedportion of West Virginia Avenue and South Kentucky Avenue to incorporate the land with their existing condominium development (Kentucky Commons). BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ROBERT and DORTHY MARTINSEN for the closure of an unimproved portion of West Virginia Avenue and South Kentucky Avenue to incorporate the land with their existing condominium development (Kentucky Commons), GPIN: Adjacent property to the east #14871268300000). DISTRICT 5 - LYNNHAVEN The following conditions shall be required: The City Attorney's Off ce will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, "approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verb that no private utilities exist within the right-of--way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of--way shall be contingent upon compliance with the above-stated conditions within 365 days of approval by City Council (January 25, 2011). If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right-of--way, this approval shall be considered null and void. January 26, 2010 -60- Item V-M.3. PLANNING Voting: 10-0 (By Consent) Council Members Voting Aye: ITEM # 59590 (Continued) Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 26, 2010 1 ORDINANCE APPROVING APPLICATION OF 2 ROBERT R. MARTINSEN AND DOROTHY A. 3 MARTINSEN, FOR THE CLOSURE OF A 4 UNIMPROVED PORTION OF WEST VIRGINIA 5 AVENUE, NORTH OF INVERNESS ROAD AND g WEST OF S. KENTUCKY AVENUE 7 8 WHEREAS, Robert R. Martinsen and Dorothy A. Martinsen (the 9 "Applicant") applied to the Council of the City of Virginia Beach, Virginia, to have the 10 hereinafter described street discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said street be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance; 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 17 Virginia Beach, Virginia: 18 1 g SECTION I 20 21 That the hereinafter described street be discontinued, closed and vacated, 22 subject to certain conditions being met on or before one (1) year from City Council's 23 adoption of this ordinance: 24 25 All that certain piece or parcel of land situate, lying and being 26 in the City of Virginia Beach, Virginia, designated and 27 described as "WEST VIRGINIA AVENUE MAP BOOK 7 28 PAGE 130 50" RIGHT OF WAY (UNIMPROVED) 29 ADDITIONAL LAND (13,500.00 SQ. FT. / 0.310 ACRES)", 30 shown as the shaded area on that certain plat entitled: 31 "EXHIBIT C KENTUCKY COMMONS, A CONDOMINIUM 32 PHASE 2 VIRGINIA BEACH, VIRGINIA", Scale: 1"=25', 33 dated SEPTEMBER 6, 2006, prepared by Warren & 34 Associates, P.C., a copy of which is attached hereto as 35 Exhibit A. 36 37 GPIN:1487-12-6830 i 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council's adoption of this ordinance: 42 43 1. The City Attorney's Office will make the final determination 44 regarding ownership of the underlying fee. The purchase price to be paid to the City 45 shall be determined according to the "Policy Regarding Purchase of City's Interest in 46 Streets Pursuant to Street Closures," approved by City Council. Copies of said policy 47 are available in the Planning Department. 48 49 2. The applicant shall resubdivide the property and vacate internal lot 50 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 51 must be submitted and approved for recordation prior to final street closure approval. 52 53 3. The applicant shall verify that no private utilities exist within the 54 right-of-way proposed for closure. Preliminary comments from the utility companies 55 indicate that there are no private utilities within the right-of-way proposed for closure. If 56 private utilities do exist, the applicant shall provide easements satisfactory to the utility 57 companies. 58 59 4. Closure of the right-of-way shall be contingent upon compliance 60 with the above stated conditions within one (1) year of approval by City Council. If all 61 conditions noted above are not in compliance and the final plat is not approved within 62 one (1) year of the City Council vote to close the street, this approval will be considered 63 null and void. 64 65 SECTION III 66 67 1. If the preceding conditions are not fulfilled on or before January 25, 68 2011, this Ordinance will be deemed null and void without further action by the City 69 Council. 70 71 2. If all conditions are met on or before January 25, 2011, the date of 72 final closure is the date the street closure ordinance is recorded by the City Attorney. 73 74 3. In the event the City of Virginia Beach has any interest in the 75 underlying fee, the City Manager or his designee is authorized to execute whatever 76 documents, if any, that may be requested to convey such interest, provided said 77 documents are approved by the City Attorney's Office. a 78 79 80 81 82 83 84 85 86 SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and ROBERT R. MARTINSEN & DOROTHY A. MARTINSEN, as "Grantee." Adopted by the Council of the City of Virginia Beach, Virginia, on this 26th day of January , 2010. CA11213 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D012\P007\00038732.DOC R-1 January 12, 2010 AP CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attorney 3 hY,Y~ 4r 4 9 ~~~xaad~ afi ~~~ ~~~~'s_ N N i+`f ~4a s ~~~~ EXHIFiIT "A" ,u ~a ~, w ~ ~' PI ~J~jy n ~~~ a v n. g~~~ ~~ $ ~ ~;y-- .a~1arl 3,I[,S4[PN ~ ~- P ~ ~ ~ - y n sR ~: ,~ 5! •~ ~ ~,.. ~ N 4a ~ u ^q~ ~ ~ ~ nvvy ~ .vety ~ w.. ~ o ~w `~ ~~ eff k S r ~ ~ ~y ~ ~g~ ,~ ~K~~ ~ ~ s ~z~~ ~~~ ~ ~ ~~ ~~ ~ K~ ~~~~~ ~~~~~g ~~i ~ ~ ~ ~ ~~~~~~ ~~~~~ ~~a ~~ ~~ ~ 4 F ~ ~V ~ ~ ~~ Y ~~ ~ ~ ~~M ~ ~K ~ ~ ~ 6 a ~ ~~~~ NAY ~~S HN `l~ N~ ro~S .LYM i0 llgllf ,OS M'1 3."Yd L ?Y7p9 dY7P C+aPats ava~s .~ramr2nti aroa ss~va~nv O ..y ~~ ~ ~ ~ a ~~$ ~~ V ~~ V ~ ~ ~~~ ~@@@ ~~ ~~$ ~~~ mh i ^Oi -61 - Item V-M.4. PLANNING ITEM # 59591 Attorney R. E. Bourdon, Phone: 499-8971, represented the applicant -Home Associates of Virginia, Inc. This is a request to modify proffers for Sherwood Lakes, which were originally approved by the City Council in 2002 and 2006. Sherwood Lakes is an exceptionally beautiful new neighborhood developed around two large manmade lakes in the northern portion of the Transition area. Sherwood Lakes is located %z mile South of the intersection of Princess Anne Road and Sandbridge Road. The request is to modem the portion of the original plan involving sixty (60) multi family age restricted units in five (5) four 4-story buildings, none of which have been constructed. Instead, it is proposed to construct fifty-three (53) town home condominium units in accordance with a proffered site plan and elevations for those units and one manor home condominium unit as shown in the original proffers (for a total of fifty four (54) units, rather than sixty (60). The proposed units are not to be age restrictive. The reality is the market for active adult age restrictive fifty-five and over housing is completely saturated and significantly overbuilt. A MOTION was made by Council Lady Henley to DENY, an Ordinance upon application of HOME ASSOCIATES OF VIRGINIA, INC. for an Amendment to Sherwood Lakes PD-H Plan at Seaboard Road and Golfwatch Lane to replace multi family dwellings (restricted to age SS and greater) with townhouse units (not age-restricted). MOTION FAILED for lack of a SECOND. Upon motion by Councilman Diezel, seconded by Councilman DeSteph, City Council ADOPTED, AS PROFFERED, Ordinance upon application of HOME ASSOCIATES OF VIRGINL4, INC. for an Amendment to Sherwood Lakes PD-H Plan at Seaboard Road and Go~atch Lane to replace multi- family dwellings (restricted to age SS and greater) with townhouse units (not age-restricted). BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HOME ASSOCIATES OF VIRGINIA, INC., Amendment to Sherwood Lakes PD-H Plan, east side of Seaboard Road, approximately 2150 feet North of Go~atch Lane (GPIN 2403781396). Purpose: replace multi family dwellings (restricted to age 55 and greater) with townhouse units (not age-restricted). DISTRICT 7 -PRINCESS ANNE DISTRICT. The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. January 26, 2010 -62- Item V-M.4. PLANNING ITEM # 59591 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of.7anuary Two Thousand Ten Voting: 9- I Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay; Barbara M. Henley Council Members Absent: None January 26, 2010 r u c ~ ?~ y'r - t" *j S' CF OUR N~t~~~ In Reply Refer To Our File No. DF-7587 TO: Mark D. Stiles FROM: B. Kay Wilsof~~ CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: January 14, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Home Associates of Virginia, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 26, 2010. I have reviewed the subject proffer agreement, dated July 27, 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/ SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 2~' day of July, 2009, by and between HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 8.497 acres, which is designated Parcel `A-A' and described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Parcel `A-A"'); and WHEREAS, the Grantor has initiated a modification to the conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify conditions applicable to a portion of the property within the PDH- 2 with underlying R-io Zoning District; and GPTN: 2403-78-1396 Prepared By: R Edward Bourdon, Jr., Esquire Sikes, Bourdon, Ahern & Levy, P.C. 28i Independence Blvd. Pembroke One, Fifth Floor Puginia Beach, Vuginia 23462 1 WHEREAS, the Grantor has requested the Grantee to permit this modification of the following two (2) previously Proffered Covenants, Restrictions and Conditions: (a) The Proffer Agreement dated July 31, 2005 recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument #20o6o62iooo928840 (hereinafter "2006 Residential Proffers"); and (b) The First Amendment to Proffered Covenants, Restrictions and Conditions dated February 8, 2008 recorded in the afore referenced Clerk's Office as Instrument #2008063000o~673io (hereinafter "2008 First Amendment to Proffers"), to reflect changes to one of the four residential dwelling components depicted on the previously proffered "CONCEPTUAL SITE LAYOUT PLANT OF SHERWOOD LAKES"; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of Parcel `A-A' and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Parcel `A-A' for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to Parcel "A", the following reasonable conditions related to the physical development, operation, and use of Parcel `A-A' to be adopted as a part of said amendment to the Zoning Map relative and applicable to Parcel `A-A', which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or uid fro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of Parcel `A-A' and hereby covenants and agrees that this declaration shall constitute covenants running with Parcel `A-A', which shall be binding upon Parcel `A-A' and upon all parties and persons 2 claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: i. Proffer numbered ~ in the 2006 Residential Proffers, as affirmed in Proffer numbered i3 of the 2008 First Amendment to Proffers is hereby modified to provide that when the Grantor develops Parcel `A-A', which is a portion of the property designated "AGE RESTRICTED" as depicted on the "Conceptual Site Layout Plan of Sherwood Lakes" (the "Plan") prepared by MSA, P.C. dated o~/3i/o5, it shall be developed substantially in conformity with the plan entitled "Conceptual Development Plan For Parcel `A-A' of Sherwood Lakes" (the "Parcel `A-A' Plan") dated July 2i, 2009, prepared by Land Planning Solutions, which Parcel `A-A' Plan has been exhibited to the City Council and is on file with the Virginia Beach Department of Planning. 2. Proffer numbered 3 in the 2006 Residential Proffers as affirmed in Proffer numbered 13 of the 2008 First Amendment to Proffers is hereby deleted. 3. Proffer numbered 4 in the 2006 Residential Proffers, as affirmed in Proffer numbered i3 of the 2008 First Amendment to Proffers is hereby modified and restated as follows: When developed, the four (4) residential dwelling components depicted on the Plan shall have the architectural features, appearance and quality substantially as depicted on the "Elevations" entitled: (a) " HOMES at Sherwood Lakes" dated ~-3i-o5; (b) "MANOR HOMES at Sherwood Ickes" dated y-3i-o5; (c) "COTTAGE HOMES at Sherwood Lakes" dated ~-3i-o5; and (d) "TOWNHOUSE CONDOMINIUMS at Sherwood Lakes" dated July 23, 2009, which have been exhibited to the City Council and is on file in the Department of Planning. 4. Proffer number 5 in the 2006 Residential Proffers, as affirmed in Proffer numbered i3 of the 2008 Fist Amendment to Proffers is hereby modified and restated as follows: When developed, the total number of residential units upon Parcel `A-A' shall not exceed a maximum of 54 units and the total number of residential units on the Property zoned PDH-2 may not exceed 234 ~~• 3 5. Except as expressly modified herein, the remaining Proffered Covenants, Restrictions and Conditions contained in the 2006 Residential Proffers and the 2008 First Amendment to Proffers are reaffirmed and remain in full force and effect. 6. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the PDH-2 and R-io Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, i95o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with 4 such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (g) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 5 WITNESS the following signature and seal: Grantor: Home Associates of Virginia, Inc.., a Virginia corporation By STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this .3 ~ ST day of July, 2009, by James M. Arnhold, Chairman of Home Associates of Virginia, Inc., a Virginia corporation, Grantor. Notary is My Commission Expires:. FEtg v~d+ v~ D ~~ Notary Registration No.: 3 ~ 3 7S 7 BETTY L. JENKiNS NOTARY PUBLIC Commonwealth of Virginia Reg. #32375y My Commission Expires Feb. 28, 2011 6 EXHIBIT "A" LEGAL DESCRIPTION PARCEL `A-A' GPIN: 2403-~8-i396 All that certain lots, pieces or parcels of land, with the buildings and improvements thereon, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel `A-A', as shown on that certain plat entitled, "SUBDIVISION OF SHERWOOD LAKES, PHASE i, VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #20080~180008448~0. GPIN: 2403-~8-i396 7 METES AND BOUNDS DESCRIPTION PARCEL `A-A' GPIN: 2403-~8-1396 Beginning at a point on the eastern right of way line of Seaboard Road, a thirty foot public right of way, at the dividing line of Parcel `A-A' and Parcel `C-C'; thence departing said right of way S 6~° io' ~5„ E, a distance of i,o4o.6y to a point; thence S 22° 5i' 43" W, a distance of i14.oi' to a point; thence S 6~° 08' i~" E, a distance of i5i.oo' to a point; thence S 73° 55' 32n E, a distance of 62.0' to a concrete monument; thence S 28° 24' 32" W, a distance of iio.8i' to a concrete monument; thence N 8~° 26' 34" W, a distance of 298.08' to an iron pin; thence N 8~° 04' 3i" W, a distance of 520.23' to an iron pin; thence N i~° 14' 02" W, a distance of 48i.~i' to an iron pin; thence S ~8° 46' 34" W, a distance of ioo.15' to an iron pin, said pin located along the eastern right of way line of Seaboard Road; thence along a curve to the right having a radius of 186.92', an arc length of 98.29' and a delta angle of o3° 09' 06", to an iron pin; thence along a curve to the right having a radius of 647.44', an arc length of io2.57' and a delta angle of o9° 04' 35" to the point of beginning. Said parcel contains 37o,i4i square feet or 8.497 acres. ModificationotProffers/HomeAssociateso~iginia_2oo9/Sherwoodlakes/2ndAmendmentProffer 8 - 63 - Item V-M. S. PLANNING ITEM # 59592 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT , an Ordinance upon application of IGLESIA CRISTIANA RIOS DE AGUA VIVA / PLEASANT VALLEYASSOC., L.L.C., for a Conditional Use Permit, re religious use, 4221 Pleasant Valley Road, Suite 125: BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Application of IGLESIA CRISTIANA RIGS DE AGUA VIVA/PLEASANT VALLEYASSOC., L.L.C. for a Conditional Use Permit re religious use at 4221 Pleasant Valley Road, Suite 125, GPIN #1475047710000 DISTRICT 1- CENTERVILLE 8021035391 The following conditions shall be required: The number of individuals attending any one service shall not exceed the occupancy number established by the City's Fire Marshall. 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. 3. This Conditional Use Permit is valid for three (3) years. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of January Two Thousand Ten Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 26, 2010 -64- PLANNING ITEM # 59593 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT, an Ordinance upon application of KEMPSVILLE PRESBYTERIAN CHURCH, fora Conditional Use Permit, re a religious facility (church), north side of North Landing Road, approximately 2, 000 feet West of West Neck Parkway (Courthouse Estates). Ordinance upon application of KEMPSVILLE PRESBYTERIAN CHURCH, fora Conditional Use Permit, re a religious facility (church), north side of North Landing Road, approximately 2, 000 feet West of West Neck Parkway (Courthouse Estates). (portion of GPIN 1484-81-7296 and 1494-02-1476). DISTRICT 7 -PRINCESS ANNE Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None January 26, 2010 -65- Item V-M. 7. PLANNING ITEM # 59594 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of SEASHELL PROPERTIES, LLC for a Conditional Use Permit re a commercial parking lot at 303 23r`' Street, 2300 Atlantic Avenue, 2302 Pacific Avenue. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of SEASHELL PROPERTIES, LLC for a Conditional Use Permit re a commercial parking lot at 303 23r`~ Street, 2300 Atlantic Avenue, 2302 Pacific Avenue; GPIN:2427992090000;24270992200000;24270992710000; 24270992760000 DISTRICT 6 -BEACH 8021035392 The following conditions shall be required: The site shall be developed substantially in accordance with the submitted "CONCEPTUAL SITE LAYOUT PLAN OF 23RD STREET PUBLIC PARKING LOT, 23RD STREET & PACIFIC A VENUE, VIRGINIA BEACH, VA. ", dated 9/30/09 and revised 11/20/09. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. No vehicles utilizing the lot for short-term commercial parking shall be allowed to enter the lot after 12: 30 A.M., except those vehicles identified with parking permits for the Sea Shell Motel. All vehicles using the lot for short-term commercial parking shall exit the lot by 2: 00 A.M. Only vehicles belonging to guests of the Sea Shell Motel shall be parked in the lot after 2: 00 A.M. and said vehicles shall display a parking permit to that effect. 3. The lot shall be policed for trash and secured by 2:30 am. 4. The existing freestanding sign shall be removed. The proposed freestanding sign shall not exceed thirty-two (32) square feet per face and shall not exceed ten (10) feet in height. S. The conditional use permit is approved for five (S) years from the date of City Council approval, with an annual review by the Zoning Administrator, or her designee, to insure compliance with the conditions of this Use Permit. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the Ciry Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of January Two Thousand Ten January 26, 2010 Item V-M. 7. PLANNING Voting.' -66- ITEM # 59594 (Continued) 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: None January 26, 2010 -67- Item V-M.8. PLANNING ITEM # 59595 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon application of SENIOR'S UNLIMITED LIFESTYLES, INC. / WILLIE DONALD MARTIN, SR. fora Conditional Use Permit, senior housing facility, 5827 Burton Station Road. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon applicatio LIFESTYLES, INC. / WILLI Conditional Use Permit, senior Road. GPIN.• 14588847390000 DISTRICT 4 - BAYSIDE The following conditions shall be required: n of SENIOR'S UNLIMITED E DONALD MARTIN, SR. for a housing facility, 5827 Burton Station 8021035393 The site shall be developed substantially in accordance with the submitted site plan entitled, "Tranquility at The Lakes, Seniors Unlimited Lifestyles, Inc.; Phase One ", prepared by Pentecost Deal & Associates. Said plan is on file in the City of Virginia Beach Planning Department. 2. The proposed buildings shall be constructed substantially in accordance with the submitted elevation entitled "Tranquility at The Lakes, Senior's Unlimited Lifestyles, Inc. ", Prepared by Pentecost Deal & Associates. 3. Every effort shall be taken to retain mature trees located within the proposed open space/ parking lot street frontage area along Burton Station Road. 4. A minimum four (4) foot tall evergreen hedge, branching to the ground, shall be installed along the southeastern property line. The width of the planting area shall be a minimum of three (3) feet. S. Foundation landscaping shall be required. A minimum of ftfty (SO) percent of any side of a building facing Burton Station Road shall be planted. A minimum of thirty-three (33) percent of any side of a building facing the proposed road located northwest of site shall be planted. Plantings shall be placed adjacent to building sides or provided in planters near building sides. Planted areas shall be a minimum of three (3) feet in width. One (1) tree or one (1) shrub shall be required for every fifteen (1 S) square feet of total required landscape area. 6. At least one (1) member of the family living in each unit shall be age sixty-two (62) or older. 7. If the proposed roadway along the northwestern side of the property is not constructed by the end of 2011, the applicant shall seek an Encroachment Agreement with the City of Virginia Beach to provide a driveway from Burton Station Road to the drive aisle located on the northern side of the building. January 26, 2010 -68- Item V-M. B. PLANNING ITEM # 59595 (Continued) This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of January Two Thousand Ten Voting.• 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 26, 2010 -69- Item V-M.9. PLANNING ITEM # 59596 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon application of GARY C. KIMNACH, C/O BEACHAUTO/WILLIAM D. III and GRACE A. FRIERSONfor a Change o~Zoning District Classi acation from R-10 Residential District and B-1 Neighborhood Business District to Conditional I-2 Heavy Industrial District at Jackson Street and South Birdneck Road re a motor vehicle repair center BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of GARY C. KIMNACH, C/O BEACH AUTO/WILLIAM D. III and GRACE A. FRIERSON for a Chan e o Zonin District Classi acation from R-10 Residential District and B-1 Neighborhood Business District to Conditional 1-2 Heavy Industrial District at Jackson Street and South Birdneck Road re a motor vehicle repair center; GPIN # 24174369010000; 24174369910000; 24174460800000;24174450200000 DISTRICT 6 -BEACH 202101233 The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the Ciry of Virginia Beach, Virginia, on the Twenty-sixth of January Two Thousand Ten Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None January 26, 2010 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Repty Refer To Our File No. DF-7547 TO: Mark D. Stiles~\~ FROM: B. Kay Wilso `~ DATE: January 14, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Gary C. Kimnach c% Beach Auto The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 26, 2010. I have reviewed the subject proffer agreement, dated December 21, 2010 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen/ This Document Prepared by: Williams Mullcn Tex lDq: 2417 43 6901 0000, 2417 43 6991 0000, 241744 6080 0000, 2417 44 5020 0000 PROFFER AGREEMENT THIS PROFFER AGREEMENT made this 1, /Sf" day of'^ - ~ ~- 2009, by and between GARY C. KIMNACH ("Kimnach"), WILLIAM D. FRIERSON, III and GRACE A. FRIERSON ("Friersons"), DONALD S. CLARKS and PRICE M. CLARKS ("Clarkes"), and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the first part (collectively, "Grantor"); and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the second part ("Grantee"). WITNESSETH: WHEREAS, Grantor is the ~ owner of certain parcels of property located in the Beach District of the City of Virginia Beach, more particularly described as follows: See Exhibit "A" said parcels hereinafter collectively referred to as the "Property"; and WHEREAS, Grantor has initiated. a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia (the "Zoning Map"), by petition addressed to Grantee so as to change the Zoning Classification of the Property from designations R-10 Residential District and B-1 Ne~borhood Business District to Conditional I-2 Heavy Industrial District; and WHEREAS, Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by Grantor's proposed rezoning, certain reasonable conditions governing the use „s~~, ~.~ 1 of the Property for the protection of the community that are generally applicable to land similazly zoned are needed to resolve the situation to which Grantor's rezoning application gave rise; and WHEREAS, Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before Grantee, as part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, Grantor, their successors, personal representatives, assigns, Grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declazation shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, Grantee, and other successors in interest or title: 1. Permitted Uses. When the Property is developed, it shall only be used for automotive repair, office/wazehouse, and bulls storage, with such office use being limited to serving the automotive repair business conducted on-site. 2. Prohibited Uses. All other uses not listed in Pazagraph 1 herein shall be prohibited. ~~sza~ z.noc 2 3. Design. When the Property is developed, it will be developed in compliance with the following design requirements: a. Exterior walls of the building shall be finished with glass as approved by the Grantee, with 100% brick on the front of the building and a minimum of 50% brick on the sides, and prefinished stucco wall panels (stucco wall systems) on the remainder of the exterior. b. All on-site electrical, telephone, and other utility lines shall be underground and shall not be exposed on the exterior of any building or improvements. All electrical and mechanical apparatus, equipment, fixtures (other than lighting fixtures}, conduits, ducts, flues, and pipes located on the exterior of any building shall be concealed from view from the street and from buildings on other sites and shall be architecturally treated in a manner acceptable to Grantee. c. Location of the proposed building and pazking areas shall be in accordance with the proffered plans entitled Building Elevations Auto Service Building Beach Automotive Service Center South Birdneck Road at Jackson Road, Virginia Beach, Virginia dated October 12, 2009 and prepared by William M. Verebeiy, Jr. as exhibited to the Virginia Beach City Council and on file in the Virginia Beach Planning Department. A total of eight parking spaces shall be permitted between the building and South Birdneck Road. Service areas, loading areas, and repair bays shall not be located between the building and South Birdaeck Road. d. The free-standing sign shall be a monument style sign, with the base constructed of materials used on the building. The free-standing sign shall be no lazger than forty (40) square feet per face and no taller than six (6) feet from grade at its highest point. 4. Further conditions may be required by Grantee during detailed Site Plan review and administration of applicable codes and ordinances of the City of Virginia Beach, Virginia ~i susa_s.noc 3 ("City Code"), by all cognizant city agencies and departments to meet all applicable City Code requirements. All references hereinabove to the R-10 Residential, B-1 Neighborhood Business, and I-2 Heavy Industrial Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia (the "Zoning Ordinance") in force as of the date of approval of this agreement by the Virginia Beach City Council, which aze by this reference incorporated herein. The above conditions, having been proffered by Grantor and allowed and accepted by Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that such instrument is consented to by Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of Grantee, after a public hearing before Grantee that was advertised pursuant to the provisions of Sections 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. Grantor covenants and agrees that: TI SI8)4 7.DOC 4 1. The Zoning Administrator of the City of Virginia Beach, Virginia (the "Zoning Administrator") shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with all such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, Grantor shall petition the governing body for review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of each Grantor and Grantee. [SIGNATURE PAGES FOLLOW.] nsnss~ s.noc 5 WITNESS the following signatures and seals, made as of the da first ~ en above: GRANTOR PARCEL 1, PARCEL, 2, (SEAL) PARCEL 3 AND PARCEL 4: Gary . Kimnach COMMONWEALTH OF VIRGINIA, CITY OF VIRGINIA BEACH , to-wit: The foregoing instrument was acknowledged before me this2l s tday of December , 2009, by Gary C. Kimnach, who is personally known to me or has produced satisfactory identification. Notary Public Commission Expires: May 31, 2010 Registration Number: 192965 »nes; s.noc 6 GRANTOR PARCEL 1, PARCEL 2 AN D PARCEL 3 .:~~~ illiam D. Frierson, III ~/ ,~ ~GP ~ ~C.Eh SEAL) Grace A. Frierson COMMONWEALTH OF VIRGINIA, CITY OF VIRGINIA BEACH , to-wit: The foregoing instrument was acknowledged before me this 2lstiay of December , 2009, by William D. Frierson, III, and Grace A. Frierson, who aze personally known to me or have produced satisfactory identification. Notary Public Cornmission Expires: Registration Number: May 31, 2010 192965 7ISI634 3.DOC 7 GRANTOR PARCEL 3: COMMONWEALTH OF VIRGINIA. CITY OF Vi rqi ni a Beach , to-wit: 1 ~~ ~ .l. ~~" (SEAL} onald S. Clarke ~iL(~ ~ (SEAL) Price M. Clarke The foregoing instrument was acknowledged before me this2lstday of December , 2009, by Donald S. Clarke, and Price M. Clazke, who are personally known to me or have produced satisfactory identif-cation. ~~~ ~ ~w~ Notary Public Commission Expires: Registration Number: May 31, 2010 192965 ~~sae~n ~.uoc 8 GRANTOR PARCEL 4: Approved as to forrn and accepted. CITY F VI B ACH, VIRGINIA By: Name: , p~T~p \„ . ~ A ~15~2.~ Title: ~ tQv.~ C ~ ~ ~ ~~ Attest: ~ ~''~ ~~ City/~Cl COMMON ALTH Oh VIRGIMA, CITY OF J to-wit: for oing instrument was acknowledged before me this~day of 2009, by ~~J (. ~~{U+~ ,the Ci~ager/Designee, who s personally known to me or has produced satisfactory identification. Notazy u is ~ww~on r~wlr-mss Commission Expires: ~ ~ Registration. Number: M' Cam ~ ~ i3~tmo ~rlu~e COMMON ALTH OF VIRGINIA, CITY OF to-wit: The regoing instrument was acknowledged before me this ~ay of 2009, by i Clerk or her designee, who is personally known to me or has produced satisf t~ identification. Notary Conunission Expires: Registration Number: ~wu-NOr- ~rwwes ~~ cannanw.eNh d vi~nio IMrtwrwMi~nt~iw.o.c a~,to~o EXHIBIT "A" LEGAL DESCRIPTIONS Parcel 1 ALL THAT lot, piece or parcel of land with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia (formerly Chatham District of Princess Anne County), containing three-fourths (3/4} of an acre, more or less, and bounded on the south and west by the lands now and formerly of Alexander Keys, on the north by land now and formerly of Jannet Cleland and on the east by the Chatham public road, and more particulazly described as follows: BEGINNING at a pin on the northwest corner of the intersection of Moore Avenue and Seatack Road and running 70 feet in a northerly direction along the western boundary of Seatack Road to a pin; thence proceeding in a westerly direction 115 feet to a point; thence fuming and running in a southerly direction 70 feet, more or less, to the northern boundary of Moore Avenue; thence turning and running in an easterly direction 115 feet along the northern boundary of Moore Avenue to a pin marking the point of beginning. LESS AND EXCEPT that certain portion of the property conveyed to the City of Virginia Beach, by deed of Wallace J. Drake and Gracie H. Drake, dated September 16, 1988, and recorded in the aforementioned Clerk's Office in Deed Book 2770, at page 1363; and LESS AND EXCEPT that certain portion of the property taken by the City of Virginia Beach for roadway projects as described in a Certificate of Take, recorded on December I5, 2005, as Instrument Number 20051215002012100. IT BEING the same property conveyed unto William D. Frierson, III and Grace A. Frierson, husband and wife, by deed of Leslie Gibbs and Daniel Gibbs dated February 22, 2006, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20060227000307620. Parcel ~: ALL THAT certain piece or pazcel of land, situate, lying and being in the City of Virginia Beach, Virginia (formerly Chatham District of Princess Anne County, bounded on the south by Moore Avenue and on the east by the property of David S. Whitehurst and more particularly described as follows: BEGINNING at a point on the northern side of Moore Avenue which said point is North 82 degrees 10 minutes west 115 feet from the northwest comer of Seatack Road and Moore Avenue; thence from this point of beginning North 82 degrees 10 minutes west 61.7 feet to a pin; thence north 18 degrees 45 minutes east 70.62 feet to a pin; thence south 82 degrees 10 minutes east 61.7 feet to a point; thence south 15 degrees 41 minutes west 70 feet, more or less, to the point of beginning on the northern side of Moore Avenue. IT BEING a portion of the same property conveyed to William D. Frierson, III and Grace A. Frierson, husband and wife, by Deed of Conveyance and Correction from Leslie Gibbs and 7152874-3.DOC 1 O Daniel Gibbs, dated Mazch 5, 2007 and recorded August 12, 2009 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as [nstrument No. 20094812000947430. Parcel 3: ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and beginning at a point which point is on the Southeast side of the intersection of the boundary Line of this property and the property now or formerly HiII Moss, which point of the beginning, and running thence along South Birdneck Road North 20° 16 minutes east 118.45 feet to a point which point is also on the Southwest side of the said Birdneck Road, and turning and mining thence North 82° 10 minutes west 174.9 feet to a pin; thence turning and running South 18° 45 minutes west 117.79 feet to a pin; thence turning and running South 82° 10 minutes 171.7 feet to the point of beginning on the said South Birdneck Road, and being further shown as "Plan of Property of Joseph Dunphy, Seatack, Lynnhaven Borough, Virginia Beach, Virginia, November 3, 1970, W. B. Gallup Surveyor." IT BEING the same property conveyed to Donald S. Clarke and Price M. Clazke, and William D. Frierson, III and Grace A. Frierson, married, by Deed from Andrew Joseph and T. Reid Pocock, Jr., dated October 23, 2001, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4533, Page 1398. Parcel 4: ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as Pazcel 137, described as being bounded on the north, east, south and west by the lines marked "PROPOSED ACQUISITION LINE", as shown on that certain. plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED FUR BIRDNECK ROAD ROADWAY PROJECT AND THE APZ- 1/CLEAR ZONE ACQUISITION PROGRAM BY THE CITY OF VIRGIMA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20071025001445450. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Stephen B. Quick, III, Corp., a Virginia corporation, dated November 2, 2007, and recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, as Instrument Number 20071116001541900. ~~szn+ a.noc 11 -~o- Item V-M.10. PLANNING ITEM # 59597 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon application of ST. LUKE CATHOLIC CHURCH/CATHOLIC DIOCESE OF RICHMOND for Modification of Conditions (approved by City Council on January 9, 1989, and November 27, 1990) at 2304 Salem Road to ADD portable classrooms back of the existing building. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ST. LUKE CATHOLIC CHURCH/CATHOLIC DIOCESE OF RICHMOND for Modi ication of Conditions (approved by City Council on January 9, 1989, and November 27, 1990) at 2304 Salem Road to ADD portable classrooms back of the existing building; GPIN # 148414531360000 DISTRICT 7 -PRINCESS ANNE The following conditions shall be required: 1. All conditions of the Conditional Use Permit granted by the City Council on November 27, 1990 shall remain in effect. 2. The cabana and the portable structures shall be limited to three (3) and located on the site only as depicted on the plan entitled, "SITE LAYOUT PLAN OF ST. LUKE CATHOLIC CHURCH, "dated September 30, 2009. 3. The portable structures shall have skirting around the entire base of each building to screen the under-carriage of the unit. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained before occupancy of the structures. S. The portable structures are considered temporary and shall be permitted on the site for no longer than five (5) years from the date of approval by City Council. After that time, the structures shall be removed. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of January Two Thousand Ten January 26, 2010 -71- Item V-M.IO. PLANNING Voting: 10-0 (By Consent) Council Members Voting Aye: ITEM # 59597 (Continued) Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 26, 2010 -72- Item V-N.1 APPOINTMENTS ITEM # 59598 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HUMAN RIGHTS COMMISSION January 26, 2010 -73- Item V-N.2. APPOINTMENTS ITEM # 59599 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Bruce N. Doyle Unexpired term thru 06/30/2011 BIKEWAYS and TRAILS ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 26, 2010 -74- Item V-N.3. APPOINTMENTS ITEM # 59600 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Dr. Charles Goldman Unexpired term thru 12/31/2010 plus 3 years 01/01/2011-12/31/2013 COMMUNITY SERVICES BOARD Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Diezel, Robert M. Dyer, William D. Sessoms, Jr., January 26, 2010 -~s- Item V-P.1. NEW BUSINESS ITEM # 59601 BY CONSENSUS, City Council DIRECTED the City Clerk to Record: ABSTRACT OF VOTES -Special Election 1/12/2010 January 26, 2010 ABSTRACT OF VOTES Cast in the City of Virginia Beach, Virginia, at the January 12, 2010 Special Election, for: MEMBER SENATE OF VIRGINIA Stn District TorA~ VorEs RECEIVED NAMES OF CANDIDATES AS PRINTED ON BALLOT (IN F/GURES) William W. "Bill" Fleming - D 2,185 Jeff L. McWaters - R 8,052 Total Write-In Votes [COMPLETE wttrrE-IN8 CERTIFICATION, IF NEEDED] 9 (Valid Write-Ins + Irnalid Wrfte-Ins =Total Write-In Votes] . ......................_......~................ Total Number of Overvotss for Office ....•-••-•••.•••-•••••••••.•-.••-•••••.•••••••••••-• 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on January 12, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 12th A copy taste: Electoral Board Seal day of January, 2010. Chairman ce Chairman Secretary :ctoral Board ~...Q. Qn v._,~.~ -76- Item V-Q. ADJOURNMENT ITEM # 59602 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:34 P.M. Q d . y/e~~ ------------- - - - - - - --- Beverly O. Hooks, CMC Chief Deputy City Clerk th Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor January 26, 2010 -76- Item V-Q. ADJOURNMENT ITEM # 59602 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:34 P.M. Bever j Hooks, CMC Chief Deputy City Clerk th Hodges Fraser, MMC City Clerk Ciry of Virginia Beach Virginia William D. Sessoms, Jr. Mayor January 26, 2010