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JULY 13, 2010 MINUTESCITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 RITA SWEET BELLITTO, At -Large GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER, Centerville - District l BARBARA M. HENLEY, Princess Anne -- District 7 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY MARK D. STILES CITY ASSESSOR JERALD BANAGAN CITY AUDITOR LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 13 July 2010 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY COUNCIL BRIEFING: -Conference Room - A. SHERIFF'S COMMISSARY SERVICES REORGANIZATION Ken Stolle, Sheriff II. CITY MANAGER'S BRIEFINGS: A. GREEN RIBBON COMMITTEE UPDATE Barry Frankenfield, Strategic Growth Area (SGA) Administrator B. SUSTAINABILITY PLAN Jack Whitney, Director - Planning C. PARKING ORDINANCE AMENDMENT Carolyn Smith, Current Planner D. INTERIM FINANCIAL STATEMENT Patti Phillips, Director — Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 3:00 PM 4:30 PM II 1 VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Randy D. Singer Pastor, Trinity 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 G. FORMAL SESSION AGENDA H. PUBLIC HEARING 1. SALE OF EXCESS PROPERTY 5241 Princess Anne Road I. CONSENT AGENDA J. ORDINANCES July 6, 2010 1. Ordinance to DECLARE certain portions of City property EXCESS and AUTHORIZE the City Manager to execute the necessary documents: a. 232, 236 and 240 Indian Avenue re Home Associates of Virginia Inc. dba HAV, Inc. and Richard Glenn Kinnear (deferred 7/6/10) b. 5241 Princess Anne Road re Virginia Beach Financial Center, Inc. 2. Ordinance to ADJUST funding from various sources for the Kellam High School replacement project 3. Ordinances to APPROPRIATE funds: a. $279,846 to the Sheriff's Inmate Services Fund re start-up costs for dining alternatives for inmates, office staff and City Employees b. $187,072 from FEMA and $46,768 in local match from the State Fire Programs Grants Consolidated Fund re extrication equipment, fitness training and equipment c. $7,391 from the Virginia Department of Emergency Management with a local match of $7,391 by TRANSFERS from various sources re Emergency Operations Center enhancements d. $500,000 from the Virginia Information Technologies Agency (VITA) to the Emergency Communications and Citizens Services Department (ECCS)for their FY 2010-11 Budget; $343,357 for restoration of items cut and $156,643 to the General Fund for Contingencies K. PLANNING 1. Application of CLAIRE L. FRIEDBERG for the closure of an unimproved portion of Loretta Lane (DISTRICT 6 - BEACH) RECOMMENDATION APPROVAL 2. Application of KROGER LIMITED PARTNERSHIP I for a Conditional Use Permit re an auto service and fuel station at 3330 Virginia Beach Boulevard (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 3. Application of CATALDO INDUSTRIES, III, LLC and JOYCE ANNE UPTON for a Change of Zoning District Classification from R-7.5 Residential District to Conditional 0-1 at 4329 Bonney Road (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION 4. Ordinances to AMEND the City Zoning Ordinance (CZO): a. §§203 and 236 re off-street parking requirements PLANNING COMMISSION RECOMMENDATION STAFF RECOMMENDATION b. §111 re definition of "family" RECOMMENDATION c. § 104 re civil penalties for zoning violations RECOMMENDATION APPROVAL APPROVAL DEFER TO 8/24/10 APPROVAL APPROVAL I I d. §501 and ADD §209.2 re Temporary Family Health Care Structures as accessory uses and apply regulations for single-family dwellings in residential districts RECOMMENDATION APPROVAL 5. Ordinance to AMEND the Landscape Guide re bicycle parking and permeable pavers PLANNING COMMISSION RECOMMENDATION APPROVAL STAFF RECOMMENDATION DEFER TO 8/24/10 L. APPOINTMENTS COMMUNITY MEDICAL ADVISORY COMMISSION VIRGINIA BEACH DEVELOPMENT AUTHORITY PUBLIC LIBRARY BOARD REVIEW & ALLOCATION COMMITTEE (COG) M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT Agenda 7/13/10st www. vbgov corn * * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 * * * * * * * * * * * i MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 13, 2010 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL BRIEFING and introduced Sherriff Ken Stolle to present the SHERIFF'S COMMISSARY SERVICES REORGANIZATION in the City Council Conference Room, Tuesday, July 13, 2010, at 3:00 P.M. Council Members Present: Rita Sweet Bellitto, 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 Absent: William R. "Bill" DeSteph [Attending Federal Arbitration Hearing in Richmond] July 13, 2010 II -2- CITYCOUNCIL BRIEFING SHERIFF'S COMMISSARY SERVICES REORGANIZATION 3:00P.M. ITEM # 60132 1 II Sheri Ken Stolle provided information re the SHERIFF'S COMMISSARY SERVICES REORGANIZATION This has been the worst revenue shortfall in the history of the Commonwealth with $3.2 -Million this year for the Office of the Sheriff. The Sheriff needs to make up internal revenue shortfalls without asking for more taxpayer funds and also assist the City in meeting its performance objectives. PROPOSAL Establish 6.24 FTE (Full Time Employee) positions for enhanced operations (part time). Assimilate operations being provided by a contractor Inmate Canteen Establish new revenue programs ICARE Fresh Favorites Last Year's Net profit: Projected Net Profit: $232,000.00 $627,000.00 GOAL Increase Revenues Aid the City in meeting budget shortfalls Make jail operations as light on the back of the taxpayer as possible without comprising safety and security MEETING THE GOAL Utilization of excess space in the Virginia Beach jail to house inmates from the Federal Government or other cities/counties Make up a large portion of the shortfall. City Work Farm - experimental at this time Have the inmate work force grow their own vegetables July 13, 2010 - 3 - CITY COUNCIL BRIEFING SHERIFF'S COMMISSARY SERVICES REORGANIZATION ITEM # 60132 (Continued) The Virginia Beach Jail has a capacity of approximately of 1,600, currently with 1,350 prisoners (almost 100 are contract inmates). $35.00 per day plus $12.00 per diem is received for the contract inmates. The goal is to house approximately 120 contract inmates. The Sheriff advised there are approximately ninety (90) acres of farmable land and the Sheriff will attempt to farm some of this acreage next year. Sheriffs Commissary Inmate Canteen Staff Kitchen Care Mart Fresh Favorites MEETING THE GOAL Canteen Sale of items to inmates Operation with current staff Projected to generate at least $250,000 in new revenue from the Canteen Last Year - $190,000 with a contractor Use Inmate Labor and Part-time Positions Use to support inmate projects — Televisions, GED attainments Staff Kitchen Dining to staff members Revenue Neutral Visitors to the facility Docents Citizen Groups Others Care Mart Allows citizens to buy items for their loved ones who are incarcerated within the facility 25 Items priced from $15.00 to $35.00 Based on an analysis of another City who provides this service, the new revenue is estimated to be $65,000 per year. July 13, 2010 -4- CITY COUNCIL BRIEFING SHERIFF'S COMMISSARY SERVICES REORGANIZATION ITEM # 60132 (Continued) Fresh Favorites Marketing strategy that allows an inmate to purchase a better meal May also be purchased by a loved one as part of CARE MART Based on comparison with other jails, we estimate that this program will generate about $75,000 per year in new revenue Conclusion Meet our obligations to the citizens of Virginia Beach in a fiscally sound manner Not compromising the safety and security of the community and this facility Total Projected New Profit: $395, 000.00 1 11 July 13, 2010 -5 - CITY MANAGER'S BRIEFING GREEN RIBBON COMIMITTEE UPDATE 3:10 P.M. ITEM # 60133 Barry Frankenfield, Strategic Growth Area (SGA) Administrator, presented information relative the History of the Green Ribbon Implementation Committee and their accomplishments from January to July 2010 Mr. Frankenfield introduced those representatives in attendance: Karen Forget and June Barrett-McDaniels. History • Green Ribbon Committee Report November 2007 • Implementation Committee appointed December 2007 • Reappointment of Implementation Committee — Two -Year Term (July 2009 to June 2011) • Staff meets monthly • Full Citizen Committee meets quarterly Since January, this Committee has continued to work to produce ideas, incentives and programs that will help keep the City "a leader in green initiatives ". Implementation Committee Citizen Representatives City Council Liaisons: Council Members Henley and Wood • Peter Schmidt • Karen Forget • Billy Almond • Noah Hill • Eddie Bourdon • June Barrett-McDaniels • Claudia Cotton Wayne McCoy • Craig Cope • Chuck Miller • Andrew Fine John Oliveri ACCOMPLISHMENTS Steu:ardship Development iard Permeable Paying and Bicycle Parking&. Parking Regulations As% Landscape and Buffer Management Guidelines & Site Stabilization ordinance Residential Green Incentives The Energy Efficient Buildings Tax Rebate Ordinance f July 13, 2010 - 6 - CI T Y MANAGER'S BRIEFING GREEN RIBBON COMIMITTEE UPDATE ITEM # 60133 (Continued) Mr. Frankenfield advised there were eight (8) Environmental Stewardship Awards. Environmental Stewardship Awards ::1/4444kivt- - Environmental Stewardship Awards July 13, 2010 -7- CITY MANAGER'S BRIEFING GREEN RIBBON COMIMITTEE UPDATE ITEM # 60133 (Continued) Residential Green Initiatives • Residential Stewardship Award for citizens who would like to retrofit residential property with earth friendly ideas • Develop a program to incentivize residential green initiatives Nancy McIntyre, Engineer III, DSC Project Manager, has really taken the lead on a residential awards program. Mr. Frankenfield extended appreciation to Mary Russo and her Volunteers ree� Energy Efficient Buildings Ordinance • Ordinance approved May 2010 • Modeled from similar tax rate reduction ordinances • Application form and process • Education for owners July 13, 2010 II -8- CITY MANAGER'S BRIEFING GREEN RIBBON COMMITTEE UPDATE ITEM # 60133 (Continued) Mr. Frankenfield advised Joseph Lannetti, Intern, has been involved in issues relative the Energy Efficient Buildings Ordinance. The bulk of the work will entail Landscape Buffer Management Guidelines. The Landscape Guidelines are now over twenty (20) years old. The City is undertaking the risk of revision. Landscape and Buffer Management Guidelines • New Landscape Guide presented with Virginia Beach Green Structure Worksheet • Simplified tree list, unacceptable plant list, specifications in revision • Revised Landscape Guide (Integrated Site Design Guidelines) Fall 2010 Site Stabilization Ordinance A i roved June 8, 2010 Permeable Paving and Bicycle Parking July 13, 2010 1 11 -9- CITY MANAGER'S BRIEFING GREEN RIBBON COMIMITTEE UPDATE ITEM # 60133 (Continued) Parking Ordinance Amendments ✓ LEED Certification for City Buildings ✓ Vegetative Buffer Guidelines — City Policy ✓ DSC Notice — Bio -Retention in Park Lots ✓ Prohibition of Feeding of Wildlife Ordinance ✓ Improved Stormwater Management for City Redevelopment and Capital projects ✓ Buffer Restoration Requirements for Conditional Zoning, Variances, and Easements — City Policy ✓ Watershed Goals (TMDL Guidelines) ✓ Comprehensive Stormwater Project Planning ✓ Implementation Committee Re -appointed for a two Year term, July 2009 ✓ Residential Street Width Reduction — Ordinance Approved July 2009 ✓ Wind Energy Ordinance approved August 2009 ✓ Reduce size of Cul de sacs Ordinance approved November 2009 ✓ Study completed for Mill Dam Creek, first Comprehensive Stormwater Plan project, design began February 2010 ✓ Energy Efficient Buildings Tax Incentive approved May 11, 2010 ✓ Stewardship Award Program guidelines completed and advertised in October 2009, first awards presentation @ Earth Day 2010 ✓ Site Stabilization Ordinance approved June 8, 2010 ✓ Parking Ordinance Amendments — Approved by Planning Commission June 2010 - Council Action August 2010 ✓ Landscape/Site Guidelines Revised — Porous Paving, Bicycle Parking Planning Commission June 2010 — to Council July 2010 All the Stormwater Ordinances will not be revised, as the State and Federal Government will accomplish this for the City within the next couple of years. July 13, 2010 -10- C ITY MANAGER'S BRIEFING SUSTAINABILITY PLAN ITEM # 60134 3:20 P.M. Jack Whitney, Director — Planning, advised the City is now within its first month of the new Budget. The process formulating this new Budget was arduous but necessary and reflects a number of realities. One of the realities is the notion of sustainability. Five Items to Cover • What is Sustainability? Why is it important? • What is the new Environment and Sustainability Office? • What is the City's Sustainability Plan? • What were the results and implications of the AIA Sustainability Design Assessment Team report? • What is the short term work program for the City's sustainability efforts? What is Sustainability? • "development that meets the needs of the present without compromising the ability of future generations to meet their own needs" - United Nations World Commission on Environment and Development, 1987 • "America's challenge is to create a life-sustaining earth, a future in which prosperity and opportunity increase while life flourishes and pressures on the oceans, earth and atmosphere diminish." - Former President Clinton's Council on Sustainable Development • "a long-term approach which takes into account the inextricable nature of the environmental, social and economic dimensions of development activities" - Quebec Sustainable Development Act • "Sustainability, as a model of development, seeks to meet the current demands of society without compromising the rights of future generations to meet theirs. That is to say, the development of the country cannot be based on the unbalanced exploitation of resources (natural, cultural, social, etc.) to meet the demands of society. (food, housing, health, employment) because these are the only resources we have, and that future generations have, to meet ours and their own needs." - Sustainable Programs Department of Costa Rica Tourism Institute What can a Sustainability Strategy help Virginia Beach do in the Longer Term? • Workforce development, retention and attraction of young professionals • Bolstered tourism and increased recognition; defined local niche • Improved infrastructure • Optimized operational and maintenance costs • Attraction of general businesses insisting on "green" locales and recruitment of GREEN industry • Increased opportunities for potential investment • Diversification and enrichment of our local economy July 13, 2010 I -11- CITY MANAGER'S BRIEFING SUSTAINABILITY PLAN ITEM # 60134 (Continued) Why Sustainability in Virginia Beach? IN Multiple renewable energy resource opportunities (e.g. Wind, Biodiesel) • Unique, strategically critical geographic location • Strong military and maritime industry in region • Favorable climate • Exemplary natural and historic resources • Strong agricultural base • Naturally attractive location and connectedness to the natural environment (largely intact and functional ecosystems) • Established and expanding tourism destination • Strong educational base with tremendous further potential "We're approaching another critical crossing, and we have an urgent need to mold new models that are both affordable and sustainable. I'm asking you to think ahead..." - Mayor Sessoms, 2010 State of the City Address Why Sustainability in Virginia Beach? • Better Sustain Natural Environment ❑ Green Infrastructure, Urban Forestry Management Plan, TMDL Implementation Plan Development U Agricultural Strategy ❑ Oyster Heritage Restoration Strategy and Seafood Industry • Better Sustain Built Environment ❑ Energy Efficiency Retrofits ❑ Building Lifecycle Costs U Infrastructure Maintenance ❑ Climate Change Adaptation • Attract Sustainable Economic Development ❑ Alternative Energy Development — Offshore Wind, Biodiesel U Expanded Research Partnerships with ODU, NSU, TCC and Others ❑ Workforce Training and Development for Green Jobs • Save City Money ❑ Convention Center as Model ❑ Study Potential for Reorganization to Better Utilize Limited City Resources ❑ Aggressively Pursue Grants and Other Funding Sources • Provides a means for focusing a wide array of City activities and initiatives around a common focus • Helps to serve as an anchor for community values and standards • Helps to define what Virginia Beach stands for and is known for • Helps to market Virginia Beach as a GREEN community to attract tourism and sustainable economic development July 13, 2010 - 12 - CITY MANAGER'S BRIEFING SUSTAINABILITY PLAN ITEM # 60134 (Continued) Clay Bernick, Environmental and Sustainability Administrator, detailed the Sustainability Plan. Mr. Bernick referenced the Virginia Beach Sustainable Design Assessment Team (SDAT) Final Report, which is hereby made a part of the record. This is the Final Report of the Sustainable Design Assessment Team (September 14-16, 2009) What is the new Environment and Sustainability Office? • Created July 1 to position the City to address and respond to increasing array of sustainability - related issues and opportunities • In line with actions of most major U.S. cities with populations over 250,000 to centralize similar functions • Currently housed in Department of Planning • No new FTE's involved in office creation Environment & Sustainability Office Mission • Will include: ❑ responsibility for centralizing the City's communications and coordination functions linked to sustainability related activities and initiatives U responsibility for development of and oversight for implementation of City's Sustainability Plan ❑ emphasis on outreach to and coordination with /support of community initiatives ❑ continuation of many of the previous environmental functions of the former Environmental Management Center Environment and Sustainability Office F-�;nvironment and Sustainability Office City Manager James Spore Deputy City Manager Steve Herbert Planning Director Jack Whitney , EEnvironment and Sustainability Office Ironman and Sustainability Administrator Clay Bernick v��ATm4Planner III (80% Time) Carol nSmith Environmental Operations Coordinator Rick Scarper Linde eregant Deputy City Manager Dave Hansen Energy Management i Administrator Lori Herrick {{ Planner II Calvin Jackson Envlronmenlel Inspector III Lonnie Warren Environmental Inspector II David Compton Planning Technician II (Full Time Temporary Position) Charles McKenna Planning Aide I (Full Time Temporary Position) Svetla Tomanova Planning Aide I (Pan Time Temporary Position) July 13, 2010 -13- CITY MANAGER'S BRIEFING SUSTAINABILITY PLAN ITEM # 60134 (Continued) Existing City Groups AND Public Involvement Supported by New Office • Wetlands Board • Chesapeake Bay Preservation Area Board • Mayor's Alternative Energy Task Force • Green Ribbon Committee • Clean Waters Task Force • Sustainability Advisory Team What is the Virginia Beach Sustainability Plan? • A document prepared, with extensive community involvement, that will define recommendations for City policy and actions to move the City forward in a broad array of areas (environmental, economic, physical, social and cultural) and enable the City to be a more sustainable community. Other Communities with Exemplary Sustainability Plans • New York, New York • Chicago, Illinois • Los Angeles, California • San Francisco, California • Portland, Oregon • Seattle, Washington • Denver, Colorado • Charlotte, North Carolina • Arlington, Virginia • Charlottesville, Virginia • Chesapeake, Virginia • Sarasota, Florida How will the plan be Developed? • Alignment with City Mission, City Council Vision and Strategic Plan, Sustainable City Model, other adopted policies and plans • Recommendations from the AIA SDAT program work • Input from a series of facilitated community open houses • Presentation to City Council of final draft document for adoption early Summer 2011 Timetable for New Plan • Fall 2010 Complete Documentation of existing City plans, policies, actions and initiatives that relate to sustainability • Fall 2010 Initiate community open house effort to solicit public input • Late Spring 2011 Release initial draft plan for citizen feedback • Summer 2011 Complete final draft plan for presentation to City Council for adoption July 13, 2010 - 14 - CITY MANAGER'S BRIEFING SUSTAINABILITY PLAN ITEM # 60134 (Continued) Final SDAT Recommendations • Urban Design - walkability and connectivity; articulate neighborhoods; establish connection centers along transit boulevard; mixed use development at beach; open space; phased implementation • Agriculture — neighborhood markets; preserving farm(er)s/watermen; connecting to the "country" best practices; local food system • Transportation and Complete Streets - provide viable choices to shift a proportion of SOV to alternate modes (light rail, bus rapid transit, bicycle and pedestrian systems); complete streets • Green Economy - Increase Communication; Grow the Energy Efficiency Sector; Pursue Renewable Energy Investments; Prepare Workforce; Leverage Growth Along Light Rail to Create Communities Virginia Beach Sustainability Is: U NOT simply a series of actions U A comprehensive lens of how we look at every City action U Community engagement — the City cannot do it alone U Lower energy use and higher renewables U Viable multimodal transportation options U Mixed use walkable redevelopment U Farms and the farm economy U Healthy natural systems U Ready for sea level rise U Green Economic Development Short Term Work Program for Sustainability • Complete revisions to City Procurement Policy — Summer 2010 • Briefings to City Department Leadership Team and Strategic Issue Teams — Fall 2010 • Submit City's Virginia "Go Green" 2010 application to VML — September 2010 • Begin effort to develop new City Sustainability Website and Gateway for related information — August 2010 • Initiate Sustainability Plan development process — September 2010 • Complete Strategic Planning process for new Environment and Sustainability Office — December 2010 • Seek funding sources to support the City's sustainability efforts through grants - Ongoing • Designation of Department and Program Staff Contacts to form a City Sustainability Team — Fall 2010 VIRGINIA BEACH, VIRGINIA — A Community for a Lifetime ... and A Community for Lifetimes to Come! July 13, 2010 - 15 - CITY MANAGER'S BRIEFING PARKING ORDINANCE AMENDMENT ITEM # 60135 3:38 P.M. Carolyn Smith, Planner III, distributed Off Street Parking Zoning Ordinance Amendments (Recommendations of the Green Ribbon Committee) and information re Permeable Paving Systems, which are hereby made a part of the record: Banks (line 40) — and Offices (line 114) reduce the minimum parking requirement to one (1) space for every 270 square feet offloor area and one (1) space for every 330 square feet of floor area respectively Create a Medical Office category (line 101) at one (1) space for every 270 square feet of floor area Simplify the Shopping Center requirement (line 228) at one (1) space for every 250 square feet offloor area. Exception for Shopping Centers with larger restaurants (50 seats or more) that comprise 50 percent or more of the floor area, the amount of parking remains as it is now; one (1) space for every 100 square feet offloor area Compact Car Spaces (line 268) - applies to lots with at least 25 spaces and not serving a use in the Residential or Apartment District — set a minimum and maximum percent (minimum of 25 percent compact spaces and a maximum of 50 percent compact spaces) Motorcycle Parking Spaces (line 289) — applies to parking structures, or lots, not serving a use in the Residential or Apartment District — one (1) space for every 30 car spaces Set Maximum Parking Standard (line 324); applies to the Business, Apartment and Residential Districts only — maximum is 20 percent above the minimum Permeable Paving Systems) (line 329): parking surfaces beyond the minimum must be constructed with pervious materials such as pavers, porous concrete, etc and must be in accordance with the City of Virginia Beach Landscaping Guide Provisions for Shared Parking (line 337); review by Zoning Administrator with submission of a parking study and a parking agreement Bicycle Parking (line 366); only applies to lots with 25 or more car parking spaces in the Apartment, Office and Business Districts — 5 bike parking spaces for the first 25 car spaces then one 1 bike space for each additional 50 car spaces Covered Bike Parking (line 380); applies only to lots with 25 or more car parking spaces in the Apartment, Office and Business Districts — at least 50 percent of the required bike parking must be covered or indoors — in accordance with the City of Virginia Beach Landscaping Guide July 13, 2010 - 16 - CITY MANAGER'S BRIEFING PARKING ORDINANCE AMENDMENT ITEM # 60135 (Continued) Permeable paving (also known as pervious or porous pavement) are surfaces that allow water to pass through voids in the paving material, or between pavers, while providing a stable, load-bearing surface. This allows stormwater to filter through the soil below the paved surface, reducing the numerous environmental issues associated with water runoff. Just as drinking water can be filtered to remove impurities, the soil particles filter rainwater percolating through soil on its way to surface waters and to groundwater aquifers. This important step in the natural process of water purification is bypassed when rainwater falls on impermeable pavement surfaces or roofs and is carried directly through storm drainage systems into waterways. Pollution carried in rainwater runoff is another concern, especially in urban areas. Stormwater flowing across streets, parking lots and sidewalks picks up contaminants associated with air pollution particles, spilled oil, detergents, solvents, dead leaves, pesticides, fertilizer and bacteria from pet waste. Natural filtration of water through soil is the simplest way to control these pollutants and is a direct advantage of permeable pavement. Permeable Pavers - open joined and open cell paving blocks Porous Concrete July 13, 2010 - 17 - CITY MANAGER'S BRIEFING PARKING ORDINANCE AMENDMENT ITEM # 60135 (Continued) Pervious Asphalt Examples of Bicycle Parking July 13, 2010 - 18 - CITY MANAGER'S BRIEFING PARKING ORDINANCE AMENDMENT ITEM # 60135 (Continued) Examples of Covered/Indoor Bike Parking Examples of Covered/Indoor Bike Parking July 13, 2010 - 19 - CITY MANAGER'S BRIEFING PARKING ORDINANCE AMENDMENT ITEM # 60135 (Continued) July 13, 2010 - 20 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT 3:58 P.M. ITEM # 60136 Patricia Phillips, Director — Finance, presented an overview of the Interim Financial Statements (July 1 through June 30, 2010 (Cash Basis). Mrs. Phillips introduced Miryam P. Woodson, City's Principal Accountant and Wendy Hu, Senior Accountant, who have been compiling this material over the last few weeks. 1 FY 2010 General Fund Revenues 1 FY 2010 General Fund Expenditures Year-end Projections • Some revenues are final • Other revenues are still due • Expenditures not all submitted 1 Next Steps Revenues Local Revenues State Revenues Federal Revenues Total Revenues FY 2010 General Fund Revenues and Expenditures Compared to Budget Thru June 30, 2010 (in millions) Annual YTD Budget Actual Variance $ 861.5 $ 849.7 $ (11.8) 159.1 101.1 (58.0) 23.1 19.5 (3.6) $ 1,043.7 $ 970.3 $ (73.4) Expenditures Departmental Totals $ 530.6 $ 498.8 $ 31.8 Transfers 564.7 555.9 8.8 Reserve for Contingencies 1.6 - 1.6 Total Expenditures $ 1,096.9 $ 1,054.7 $ 42.2 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 SPSA Disposal 7.2 Operarting Budget FY10 4.8 Adjusted Expenditures $ 1,043.7 July 13, 2010 100% 80% C 0 60% 9 ° 40% 20% 0% -21 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60136 (Continued) FY 2010 Year -To -Date General Fund Revenues Compared to Historic Trend at June 30, 2010 (DOES NOT REFLECT 12 MONTHS OF DATA FOR 2010) 100.0% YTD ACTUAL = $970.3M 93.0° 92.70 ANNUAL BUDGET = $1,043.7M 74.4% 60.5° 71.3% 46.0% 43.2°/. 45.7% 49.5% 55. 50.2% 58.6% 55.3% 0 23.5% 42.5% 24.4% Total of $75M to be collected in July/Aug 14.4% 9.7% /0 4.4% ° 14.0% 1.9% 9.5/0 7% 5.2% Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June July/Aug - Rev Trend 10 % of FY 10 Rev Budget I FY 2010 — General Fund Revenues The next month is critical S • Total Revenues to be collected between 7/1/10 and 8/13/10 are $75M • Several items are on a 1-2 month lag • Real Estate: 2"4 installment was due June 7f" • Local Annual Personal Property Tax was due June 7th, Supplement was due June 29th • State Revenues to be received after June 30`": about $51 -Million of $157 -Million Revenues S Million 8500 - 0400 -- $382.7$382.2 8300 - -- 8200 - - 8100 - So Real Estate Revenues Projected thru 2010 Closeout $446.1$443.1 FAVORABLE TREND $473.7$470.1. $483.7 PROJ 33) 5482.2 $477.1 $479.9 FY 2005 FY 2007 FY 2008 FY 2009 D Budget • Actual Collection 0 Projection FY 2010 6 July 13, 2010 Revenues $ Million Revenues S Million 580 660 640 620 60 - 22 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60136 (Continued) Personal Property Tax — Local Billed Projected thru 2010 Closeout 564.4 UNFAVORABLE TREND 660 -- 550 - 840 — 830 620 810 60 FY 2006 FY 2007 FY 2008 FY 2009 0Budget le Actual Collection IN Projection General Sales Tax Final 2010 - $800K under budget 2.8% down from FY09 650.8 $51.4 $53.4 654.0 UNFAVORABLE TREND 655.7554,1 $56.0 651.4 $51.1 550.3 FY 2010 FY 2006 FY 2007 FY 2008 FY 2009 0 Budget ■Actual Collection FY 2010 July 13, 2010 - 23 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60136 (Continued) General Sales Tax Collections Monthly %Change from FY09 to FY10 ,,, , , . MonIbIy % Change from PY * Collections lag sales by 2 months $50 Business Licenses — (BPOL) Final 2010 - $2.4M under budget UNFAVORABLE TREND $45.0 FY 2006 FY 2007 FY 2008 FY 2009 0 Budget • Actual Collection FY 2010 9 0 July 13, 2010 526 - - 24 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60136 (Continued) Hotel Room Tax Final 2010 - $1.2M under budget UNFAVORABLE TREND 1.3% down from FY09 560 060 030 020 010 00 FY 2006 FY 2007 FY 2008 FY 2009 a Budget ■ Actual Collection Restaurant Meal Tax Final 2010 - $1.4M under budget 0.3% Up from FY09 FY 2010 FY 2006 FY 2007 FY 2008 FY 2009 ® Budget ■Actual Collection FY 2010 2 July 13, 2010 Revenues S Million 0 $30 -25- CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60136 (Continued) Utility Tax Projected thru 2010 Closeout UNFAVORABLE TREND 930 925 620 $15 610 95 50 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 • Budget ■Actual Collection • Projection Virginia Telecommunications Tax Projected thru 2010 Closeout UNFAVORABLE TREND FY 2006 FY 2007 FY 2008 FY 2009 • Budget • Actual Collection • Projection FY 2010 3 July 13, 2010 Revenues $ Million Revenues 5 Million $6 $4 82 So 812 - 26 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60136 (Continued) Permits and Licenses Final 2010 - $100K under budget UNFAVORABLE TREND FY 2006 FY 2007 FY 2008 FY 2009 es Budget II Actual Collection City Tax on Deeds Final 2010 - $300K over budget FAVORABLE TREND FY 2010 FY 2006 FY 2007 FY 2008 FY 2009 Budget ■Actual Collection FY 2010 ie July 13, 2010 - 27 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60136 (Continued) FY 2010 - General Fund State Revenues Reductions $3.5 -Million Reduction to the Original Budget; ➢ Recordation Fees $1,725,638 ➢ State Aid Law Enforcement $783,677 ➢ Constitutional Officers and Appointed Officials $712,723 ➢ Human Services $281,319 ➢ State Aid to Libraries $12,695 Additional Reductions: ➢ Maintenance of Roads $1,139,314 ➢ State Aid Law Enforcement $83,521 ➢ Compensation Board reductions in 4`h Quarter reimbursement to Constitutional Officers $89,623 ➢ Public Assistance Grant: $1 -Million (offset with Federal Stimulus Funding) Summary of General Fund Revenues June 30, 2010 (DOES NOT REFLECT 12 MONTHS OF DATA FOR 2010) In Millions Real Estate Taxes Personal Property Taxes PPTRA General Sales Tax Utility Taxes Telecommunications Taxes Franchise Taxes Business Licenses Restaurant Taxes Hotel Taxes Cigarette Taxes Automobile Licenses Amusement Taxes City Taxon Deeds Interest on Bank Deposits Other Local Revenues State Revenues Federal Revenues SPSA $477.1 64.2 53.4 51.1 25.7 23.7 5.9 40.6 49.8 23.9 12.9 9.1 5.3 5.9 5.7 60.6 105.7 23.1 $ 1,043.7 $479.9 58.2 6.5 50.3 23.2 18.1 5.2 38.1 48.5 22.7 12.5 7.8 5.2 6.2 0.6 55.1 94.6 19.5 $ 952.2 18.1 100.6 90.7 12.2 98.3 tJ 90.0 U 76.4 U 88.4 F 94.0 11 97.2 U 94.8 U 96.4 tJ 86.1 tJ 97.5 A 105.0 F 10.5 U 90.9 t 89.5 U 84.6 U F U 91.2 % U $1,043.7 $ 970.3 93.0 % U Excludes Schools Revenues - $7S -Million still to be collected July 13, 2010 0 0 of - 28 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60136 (Continued) FY 2010 Year -to -Date General Fund Revenues Prior Fiscal Years Year -End Results $6.5M $1,200 $1,000 — =979.7 $800 $600 — $400 — S200 — $0 973.2 48.1M> <928.1M> FY 2007 FY 2008 FY 2009 °Annual Actual •Annual Budget °Projection FY 2010 GF Projected Expenditures 19 July 13, 2010 Percent of Total Expenditures Percent of Total Expenditures 100% 80% 60% 40°%o 20% 0% -29- CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60136 (Continued) FY 2010 Year -to -Date General Fund Expenditures Compared to Historic Trend at June 30, 2010 (DOES NOT REFI.,EC 112 MONTHS OF DATA FOR 2010) IYTD ACTUAL = $1,054.7M ANNUAL BUDGET= $1,096.9M 611.8% Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June July/Aug ExpenditurcTrend ..2.% of FYI0Exp Budges FY 2010 Year -to -Date General Fund Revenue and Expenditures Compared to Historic Trend At June 30, 2010 (DOES NOT REFLECT 12 MONTHS OF DATA FOR 2010) 10 8 6 4 2 99.8'70 r,° 95.1,1 3.0" 92.7 „ 85.8%.: 89,7% 10/e I% Pio 82.3% / 74.4 68.3/ 73.8% 1.3""" 60.8"/° ✓"' 0.5 SPSA $18.1M ° �•.."'.." 58.6';„ 52,0.9.3°0 5 502°55.3% 45.11% -1.6%46.0°. .. .r' 43.2% 49,5°. 3" 6" 44.2%:4'S^/4.'45" 29.0% 37.2% 28.3% 23.5°, "4.4% 44% F70% State $ received after 6/30/10 - PPTRA $46.9M / Other $4.6M Total of $75M between 7/1 - 8/13 17.0% 14.4% 8.9%9.7% 9.8% 14.0% Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June July/Aug of EYI Il Rev Budget -4--Rev Trend **Expenditure Trend don.% of FYI11 Exp Budget 21 22 July 13, 2010 - 30 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60136 (Continued) General Fund FY 2010.Expenditures Total at June 30, 2010: $1,054.7M, or 96.2%, of $1.10-B Budget ► Summary of Actual Expenditures Under Budget at June 30: Savin in 'fo of Total Total Budget 2007 (Actual) $41.7 4.1% 2008 (Actual) $60.3 5.6% 2009 (Actual) $43.0 3.8°/o Budge 3.8% $28.1 3.6% GF Projected Expenditures hools $15.8 $35.3 $14.9 July 13, 2010 II -31- CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60136 (Continued) Bottom Line Revenues <$18M - $22M> under SPSA $18.1M $0M - <$ 4M> under Expenditures <$25M - $30M> under Dollars (Millions) Undesignated General Fund Balance 121% Projected 16.0% 12.0% 8.0% 4.0% 4 I I 1 I I I 1 0.0% 2003 2004 2005 2006 2007 2008 2009 2010 2010 o Undesignated GF Balance %of Budgeted GF Revenue Policy = 8-12%of Revenues % of Budgeted GF Revenue 25 26 July 13, 2010 - 32 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60136 (Continued) Water and Sewer Enterprise Fund June 30, 2010 Lower water consumption than budgeted (35.2MGD budgeted vs. 33.4MGD actual) Lower Connection fees revenues due to slowdown in construction * CASH BASIS — EXCLUDES ACCRUALS Costs also down: Water Services contract -- only 12% variable costs Year-end expected to be within budget overall Next Steps 1 "Close out" — August 13 1 Next briefing on September 28, 2010, for unaudited financials through June 2010. July 13, 2010 FY09 FY10 Budget Actual* % Budget Actual* Y Revenues $ 101.4 $ 98.3 97.0% $ 102.4 $ 92.4 90.2% Expenditures $ 109.0 $ 96.9 89.0% $ 118.6 $ 100.3 84.6% * CASH BASIS — EXCLUDES ACCRUALS Costs also down: Water Services contract -- only 12% variable costs Year-end expected to be within budget overall Next Steps 1 "Close out" — August 13 1 Next briefing on September 28, 2010, for unaudited financials through June 2010. July 13, 2010 -33 - CITY COUNCIL COMMENTS 4:10P.M. ITEM # 60137 Mayor Sessoms advised August 3, 2010, is "NATIONAL NIGHT OUT", as well as City Council's Workshop on the First Tuesday of the month. Neighborhoods throughout Virginia Beach, and communities nation-wide, will celebrate the TWENTY-SEVENTH ANNUAL "America's Night Out Against Crime". Mayor Sessoms advised the only scheduled items for the August 3rd Workshop is the Planning Items. The Mayor recommended the meeting be CANCELLED. BY CONSENSUS, City Council CANCELLED the August 3, 2010, Workshop. ITEM # 60138 Councilman Dyer advised July 19, 2010, the Governor will hold a Town Hall Meeting at the Sandler Center re the Reform Commission. Councilman Dyer encouraged attendance. Hopefully, in August, some recognition on the local level can be proposed. ITEM # 60139 Councilman Uhrin referenced the news article in the Cleveland Times re Virginia Beach as a great "tourist destination ". Councilman Uhrin referenced interesting quotes concerning how Virginia Beach has revitalized and is not the "town" it once was. The makeover did not happen by accident, the community has invested Millions of dollars to improve the Beach through massive sand replenishment efforts and the infrastructure such as the Convention Center, a few years ago. It is important that City Council recognize the value and importance of their commitment. July 13, 2010 - 34 - AGENDA REVIEW SESSION 4:15P.M. ITEM # 60140 PROCLAMATION RECOGNIZING HMI INGRID CORTEZ, USN FLEET FORCES COMMAND SEA SAILOR OF THE YEAR SHALL BE ADDED TO THE AGENDA. ITEM # 60141 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. ORDINANCES 1. Ordinance to DECLARE certain portions of City property EXCESS and AUTHORIZE the City Manager to execute the necessary documents: a. 232, 236 and 240 Indian Avenue re Home Associates of Virginia Inc. dba HAV, Inc. and Richard Glenn Kinnear (deferred 7/6/10) b. 5241 Princess Anne Road re Virginia Beach Financial Center, Inc. 2. Ordinance to ADJUST funding from various sources for the Kellam High School replacement project 3. Ordinances to APPROPRIATE funds: a. $279, 846 to the Sheriff's Inmate Services Fund re start-up costs for dining alternatives for inmates, office staff and City Employees b. $187,072 from FEMA and $46, 768 in local match from the State Fire Programs Grants Consolidated Fund re extrication equipment, fitness training and equipment c. $7,391 from the Virginia Department of Emergency Management with a local match of $7,391 by TRANSFERS from various sources re Emergency Operations Center enhancements d. $500, 000 from the Virginia Information Technologies Agency (VITA) to the Emergency Communications and Citizens Services Department (ECCS) for their FY 2010-11 Budget; $343,357 for restoration of items cut and $156,643 to the General Fund for Contingencies Councilman Uhrin ABSTAINED Pursuant to Section 2.2-3115(E), Code of Virginia regarding City Council's discussion and voted on an Ordinance declaring a portion of City property at the rear of 232, 236 and 240 Indian Avenue to be excess and authorizing the City Manager to execute documents to convey the same to Home Associates of Virginia Inc. d/b/a/ HAV, Inc. and Richard Glenn Kinnear (Item J.1. a.) Councilman Uhrin has a contract to purchase the property located at 232 Indian Avenue. Because this property is one of the three parcels that are subject to this ordinance, Councilman Uhrin has a personal interest in the transaction. Councilman Uhrin wishes to disclose this interest and ABSTAIN from voting on this matter. He would also like to note, for the record he ABSTAINED from participating in City Council's previous Closed Session discussion of this issue, which occurred on June 22, 2010. Councilman Uhrin 's correspondence of July 6, 2010, is hereby made a part of the record. July 13, 2010 - 35 - AGENDA REVIEW SESSION ITEM # 60142 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K PLANNING 1. Application of CLAIRE L. FRIEDBERG for the closure of an unimproved portion of Loretta Lane (DISTRICT 6 - BEACH) 2. Application of KROGER LIMITED PARTNERSHIP I for a Conditional Use Permit re an auto service and fuel station at 3330 Virginia Beach Boulevard (DISTRICT 5 - LYNNHA VEN) 3. Application of CATALDO INDUSTRIES, HI, LLC and JOYCE ANNE UPTON for a Change of Zoning District Classification from R-7.5 Residential District to Conditional 0-1 at 4329 Bonney Road (DISTRICT 5 - LYNNHA VEN) 4. Ordinances to AMEND the City Zoning Ordinance (CZO): a. 0¢203 and 236 re off-street parking requirements b. §111 re definition of `family" c. §104 re civil penalties for zoning violations d. §501 and ADD §209.2 re Temporary Family Health Care Structures as accessory uses and apply regulations for single-family dwellings in residential districts 5. Ordinance to AMEND the Landscape Guide re bicycle parking and permeable pavers Item 4a. (¢¢203 and 236 re off-street parking requirements) shall be DEFERRED INDEFINITELY, BY CONSENT. Item 5 (Ordinance to AMEND the Landscape Guide re bicycle parking and permeable Pavers) shall be DEFERRED INDEFINITELY, BY CONSENT. July 13, 2010 - 36 - ITEM # 60143 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: Bayside District Beach District Beach District Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4:20 P.M. Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, 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: None Council Members Absent: William R. "Bill" DeSteph [Attending Federal Arbitration Hearing in Richmond] Closed Session: 4:20 P.M. - 5:08 P.M.) July 13, 2010 1 11 - 37 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 13, 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, July 13, 2010, at 6:00 P.M. Council Members Present: Rita Sweet Bellitto, 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 Absent: William R. "Bill" DeSteph [Attending Federal Arbitration Hearing in Richmond] INVOCATION: Reverend Randy D. Singer Pastor, Trinity Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. July 13, 2010 -38 - 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 identfing any matters in which he might have an actual or potential conflict. If during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of ident fying 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. July 13, 2010 -39 - PROCLAMATION ITEM # 60144 Mayor Sessoms PRESENTED a PROCLAMATION on behalf of HM1 Ingrid Cortez. HMI Ingrid Cortex has recently been recognized as the US Navy's Fleet Forces Command Sea Sailor of the Year. HM1 Cortez is a resident of Virginia Beach is actively involved in the community as a member of the Centreville Elementary School PTA, as a Volunteer at Children's Hospital of the Kings Daughters, as well as other capacities throughout our community. HMI Cortez formerly served aboard the USS Bataan as the leading Petty Officer of the Medical Department where she has shown award-winning leadership. She has mentored twelve (12) junior sailors who have excelled in their first year in the Navy. HMI Cortez assisted in relieve efforts this Spring, overseeing the emergent care of injured Haitians on board the ship, handling as many as forty (40) patients per day. She was elected by her peers as President of the First Class Petty Officer Association, coordinated homecoming festivities with the Family Readiness group and developed a Single Sailor program for sailors who were newly assigned to Naval Station Norfolk. Mayor William D. Sessoms, Jr., Mayor of the City of Virginia Beach, Virginia, PROCLAIMED: July 13, 2010 HMI Ingrid Cortez Day HM1 Cortez was accompanied by Captain Steve Koehler, Commanding Officer and Master Chief Brian Collier — Command Master Chief Mayor Sessoms advised HMI Cortex was recognized by President Obama on July 4, 2010. July 13, 2010 1rnchrnudirnt Whereas:. .7041 Ingrid Cortez has recently 6een recognized as the 'US Navy's Fleet Forces Command Sea Sailor of the Year; and Whereas: .7fM1 Cortez is a resident of Virginia Beach and is actively involved in our community as a member of the Centreville Elementary School PTA, as a volunteer at C71KD, as well as in other capacities throughout our community; and Whereas: .71M1 Cortez formerly served a6oard the ZJSS Bataan as the leading Petty Officer of the Medical -Department where she has shown award-winning leadership; and Whereas: While in the New Sailor Assimilation Course, the mentored twelve junior sailors who have ecel[ed in their first year in the Navy; and Whereas: .7{M1 Cortez' assisted in relief efforts in 7faiti this spring, overseeing the emergent care of injured.7faitians on board the ship, handling as many as 40 patients per day; and Whereas; As a superior lab technician on the Bataan, she initiated the "Walking Bthod Bank" for a critically ill patient who needed an immediate blood transfusion while deployed to the F fth Fleet and she assisted medical personnel in diagnosing and treating more than 400flu patients during the first.7f1N1 flu out6reakin a deployed ship; and Whereas: She was elected by her peers as President of the First Class Petty Officer Association, and coordinated homecoming festivities with the Family Readiness group and developed a Single Sailor Program for sailors who were newly assigned to Naval Station Norfolk and Now, Therefore, I, William D. Sessoms, Jr., Mayor of the City of Virginia Beach, 'Virginia, do here6y Proclaim: JuCy 13, 2010 yrs Ingrid Cortez Day In Virginia Beach, and I encourage all Citizens of the City of 'Virginia Beach formally recognizes and honors N.9111 Ingrid Cortez for her accomplishments as Sea Sailor of the Year, and hold her as a role mode[for the youth in our community. In Witness Whereof, I have hereunto set my hand and caused the Official- Sea[ of the City of Virginia Beach, Virginia, to be affi,xed this Seventh day of Jury, Two ThousandTen. al -de Wiffi amID. Sessoms, Jr. Mayor - 40 - RECOGNITION OF BOY SCOUTS ITEM # 60145 Mayor Sessoms RECOGNIZED THE FOLLOWING Boy Scouts and their leaders: Boy Scout Troop 364 Sponsored by the Chartering Organization at Bayside Presbyterian Church Committee Member Rodger Brown Scoutmaster Mike Lambiase Assistant Scout Master Tom Hulehan Boy Scouts Brandon Agnor Ed Beckman Ryan Brown Liam Hulehan Axel Rassmuseen Michael Swenson Mayor Sessoms presented each Scout with a City Seal Pin. These young men are working on their Communication Merit Badge. July 13, 2010 -41 - RECOGNITION OF STUDENTS ITEM # 60146 Mayor Sessoms RECOGNIZED and WELCOMED THE FOLLOWING students in attendance: Rilley Ramos Shea Stearney Brittini Birt Kychelle Delrosario Ysabella Morton Princess Anne High School — Government and Politics Class July 13, 2010 Item V -E.1 CERTIFICATION - 42 - ITEM # 60147 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, 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: None Council Members Absent: William R. "Bill" DeSteph July 13, 2010 r II RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #60143, Page 36, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. uth Hodges City Clerk raser, MMC July 13, 2010 Item V -F.1 - 43 - ITEM # 60148 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of July 6, 2010. Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, 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 and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Rosemary Wilson Council Members Absent: William R. "Bill" DeSteph Council Lady Wilson ABSTAINED as she was out of the country and not in attendance during the City Council Session of July 6, 2010. July 13, 2010 I - 44 - Item V -G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 60149 Upon motion by Vice Mayor Jones, seconded by Diezel, City Council ADDED a presentation TO the AGENDA: PROCLAMATION RECOGNIZING HMI INGRID CORTEZ, USN FLEET FORCES COMMAND SEA SAILOR OF THE YEAR. Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, 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: None Council Members Absent: William R. "Bill" DeSteph 1 II July 13, 2010 I' II - 45 - Item V -H.1. PUBLIC HEARING ITEM # 60150 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS PROPERTY 5321 Princess Anne Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING 1 II July 13, 2010 Item V -J. - 46 - ITEM # 60151 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED in ONE MOTION Items 1 a.b., 2 and 3a.b.c.d. of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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: None Council Members Absent: William R. "Bill" DeSteph Councilman Uhrin ABSTAINED Pursuant to Section 2.2-3115(E), Code of Virginia regarding City Council's discussion and voted on an Ordinance declaring a portion of City property at the rear of 232, 236 and 240 Indian Avenue to be excess and authorizing the City Manager to execute documents to convey the same to Home Associates of Virginia Inc. d/b/a/ HAV, Inc. and Richard Glenn Kinnear (Item J.1. a.) Councilman Uhrin has a contract to purchase the property located at 232 Indian Avenue. Because this property is one of the three parcels that are subject to this ordinance, Councilman Uhrin has a personal interest in the transaction. Councilman Uhrin wishes to disclose this interest and ABSTAIN from voting on this matter. He would also like to note, for the record, he ABSTAINED from participating in City Council 's previous Closed Session discussion of this issue, which occurred on June 22, 2010. Councilman Uhrin 's correspondence of July 6, 2010, is hereby made a part of the record. July 13, 2010 Item V -J.1 a. - 47 - ITEM # 60152 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT: Ordinance to DECLARE certain portions of City property EXCESS and AUTHORIZE the City Manager to execute the necessary documents: a. 232, 236 and 240 Indian Avenue re Home Associates of Virginia Inc. dba HAV, Inc. and Richard Glenn Kinnear (deferred 7/6/10) Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, 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 Voting Nay: None Council Members Abstaining: John E. Uhrin Council Members Absent: William R. "Bill" DeSteph Councilman Uhrin ABSTAINED Pursuant to Section 2.2-3115(E), Code of Virginia regarding City Council's discussion and voted on an Ordinance declaring a portion of City property at the rear of 232, 236 and 240 Indian Avenue to be excess and authorizing the City Manager to execute documents to convey the same to Home Associates of Virginia Inc. d/b/a/ HAV, Inc. and Richard Glenn Kinnear (Item J 1. a.) Councilman Uhrin has a contract to purchase the property located at 232 Indian Avenue. Because this property is one of the three parcels that are subject to this ordinance, Councilman Uhrin has a personal interest in the transaction. Councilman Uhrin wishes to disclose this interest and ABSTAIN from voting on this matter. He would also like to note, for the record, he ABSTAINED from participating in City Council's previous Closed Session discussion of this issue, which occurred on June 22, 2010. Councilman Uhrin 's correspondence of July 6, 2010, is hereby made a part of the record. July 13, 2010 1 AN ORDINANCE DECLARING A PORTION OF 2 CITY PROPERTY, KNOWN AS GPIN 2417-81- 3 9614, TO BE IN EXCESS OF THE CITY'S 4 NEEDS AND AUTHORIZING THE CITY 5 MANAGER TO SELL A PORTION OF THE 6 PROPERTY TO HOME ASSOCIATES OF 7 VIRGINIA, INC./DBA HAV, INC. AND RICHARD 8 GLENN KINNEAR AND TO EXECUTE 9 DOCUMENTS NECESSARY TO CLEAR UP 10 TITLE TO CONVEY SAME 11 12 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 13 certain parcel of land located adjacent to 240, 236 and 232 Indian Avenue and known 14 as GPIN 2417-81-9614, as more particularly described on Exhibit "A" attached hereto 15 and made a part hereof; 16 17 WHEREAS, a formal acceptance of the 2001 deed (the "Deed") delivered 18 to the City to convey the parcel of land located adjacent to 240, 236 and 232 Indian 19 Avenue, and several other parcels of land, was never recorded; 20 21 WHEREAS, although the public had existing rights to the land this Deed 22 purports to convey, this Deed conveyed any other rights not held by the public 23 specifically; 24 25 WHEREAS, the City Council wishes to accept this Deed, effective as of 26 the date of the Deed, to clear any title issues that may exist as a result of this Deed; 27 28 WHEREAS, Home Associates of Virginia, Inc./DBA HAV, Inc., a Virginia 29 corporation and Richard Glenn Kinnear, have proposed to purchase a portion of GPIN 30 2417-81-9614, more particularly described as: 31 32 All those certain lots, pieces or parcels of land being known, designated 33 and described as "Area 1-A Area = 122 SF or 0.003 AC, Area 2-A Area = 271 SF or 34 0.008 AC and Area 3-A Area = 295 SF or 0.007 AC", as shown on that certain plat 35 entitled "EXHIBIT SHOWING PROPOSED ACQUISITION AREAS FOR ADDITIONS 36 TO LOTS 1 THRU 3 OF SHADOW LAWN HEIGHTS AS RECORDED IN (INSTR. NO. 37 20081027001249400) VIRGINIA BEACH, VIRGINIA", dated March 1, 2010, and 38 prepared by MSA, P.C. (the "Property"), from the City; 39 40 WHEREAS, the City Council is of the opinion that the Property is in 41 excess of the needs of the City of Virginia Beach. 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 44 OF VIRGINIA BEACH, VIRGINIA: 45 46 That the Property is hereby declared to be in excess of the needs of the 47 City of Virginia Beach and that the City Manager is hereby authorized to execute any 48 documents necessary to convey the Property to Home Associates of Virginia, Inc./DBA 49 HAV, Inc. and Richard Glenn Kinnear, including any documents necessary to accept 50 the Deed, so long as such documents conveying the Property are in substantial 51 conformity to the Summary of Terms attached hereto as Exhibit B, and such other 52 terms, conditions or modifications as may be satisfactory to City Council and in a form 53 deemed satisfactory by the City Attorney. The proceeds from this transaction shall be 54 directed to CIP #3-368, Various Site Acquisitions. 55 56 This ordinance shall be effective from the date of its adoption. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the 59 1 3thday of July , 2010. 60 61 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS 62 OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA -11428 R-1 DATE: 6/23/10 \\vbgov.com\DFS 1 Applications\CityLawProd\cycom 32\Wpdocs\DO22\P008\00060656. DOC APPROVED AS TO CONTENT C. blic Works APPROVED A SUFFICIENCY TO LEGAL Uktitiom) City Attorney s Office EXHIBIT "A" GPIN 2417-81-9614 All that certain lot, tract or parcel of land together with the improvements thereon belonging, lying and being in the City of Virginia Beach, Virginia and designated and described as "CITY OF VIRGINIA BEACH SHADOW LAWN HEIGHTS RESIDUE PARCEL GPIN: 2417-81-9614 (D.B. 4388, PG. 1201) (M.B. 7, PG. 14)", as shown on that certain plat entitled "SUBDIVISION OF SHADOW LAWN HEIGHTS (M.B. 302, PG. 10) VIRGINIA BEACH, VIRGINIA", dated June 24, 2008, prepared by MSA, P.C., and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20081027001249400, to which reference is made for a more particular description. It being a part of the same property conveyed to the City of Virginia Beach by deed dated March 28, 2001 and recorded in Deed Book 4388, at page 1201 in the aforesaid Clerk's Office. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY ADJACENT TO 232, 236 AND 240 INDIAN AVENUE SELLER: City of Virginia Beach PURCHASER: Home Associates of Virginia, Inc./DBA HAV, Inc., a Virginia corporation and Richard Glenn Kinnear PROPERTY: Approximately 688 square feet of GPIN 2417-81-9614, being located adjacent to 232, 236 and 240 Indian Avenue LEGAL DESCRIPTION: All those certain lots, pieces or parcels of land being known, designated and described as "Area 1-A Area = 122 SF or 0.003 AC, Area 2-A Area = 271 SF or 0.006 AC and Area 3- A Area = 295 SF or 0.007 SF", as shown on that certain plat entitled "EXHIBIT SHOWING PROPOSED ACQUISITION AREAS FOR ADDITIONS TO LOTS 1 THRU 3 OF SHADOW LAWN HEIGHTS AS RECORDED IN (INSTR. NO. 20081027001249400) VIRGINIA BEACH, VIRGINIA", dated March 1, 2010, and prepared by MSA, P.C. LESS AND EXCEPT all right, title and interest of the Grantor in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. SALE PRICE: $6,192.00, fair market value CONDITIONS OF SALE: • The Purchaser shall, at the Purchaser's expense, resubdivide the property and vacate internal lot lines to incorporate the approximate 688 square feet into the existing property at 232, 236 and 240 Indian Avenue. • The existing piers constructed on 232, 236 and 240 Indian Avenue shall not be extended without approval by the City and any other necessary governmental agencies. lib lie* a 441 a gpp 5 8 V N N,js_2tE ffi. gali r .9SitI 3 .Of ,tL9L N a ii z 9'I n �b X11 b z $ N a d otb tkY iAug 0 YYY bee Mht R5� 111 0 st JOHN E. UHRIN COUNCILMAN - DISTRICT 6 - BEACH In Reply Refer to 0041949 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 City of Virgiriia 1 beach July 6, 2010 VBgov.com PHONE: (757) 491-9388 JUHRIN@VBGOV.COM Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance declaring a portion of City property at the rear of 232, 236 and 240 Indian River Avenue to be excess and authorizing the City Manager to execute documents to convey the same to Home Associates of Virginia Inc. d/b/a HAV, Inc. and Richard Glenn Kinnear. 2. I have a contract to purchase the property located at 232 Indian Avenue. Because this property is one of the three parcels that are the subject of this ordinance, I have a personal interest in the transaction. 3. I wish to disclose this interest and abstain from voting on this matter. 4. I also would like to note for the record that I abstained from participating in City Council's previous closed session discussion of this issue, which occurred on June 22, 2010. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 515 DELAWARE AVENUE, VIRGINIA BEACH, VIRGINIA 23451 Mrs. Ruth Hodges Fraser -2- July 6, 2010 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Thank you for your assistance and cooperation in this matter. Sincerely, J E. Uhrin ouncilmember JEU/RRI cc: City Attorney Mark D. Stiles Deputy City Attorney William M. Macali Item V-J.1.b. -48- ITEM # 60153 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT: Ordinance to DECLARE certain portions of City property EXCESS and AUTHORIZE the City Manager to execute the necessary documents: b. 5241 Princess Anne Road re Virginia Beach Financial Center, Inc. Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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: None Council Members Absent: William R. "Bill" DeSteph July 13, 2010 1 AN ORDINANCE DECLARING 0.87+/- ACRE 2 OF CITY PROPERTY LOCATED AT 5241 3 PRINCESS ANNE ROAD TO BE IN EXCESS 4 OF THE CITY'S NEEDS AND AUTHORIZING 5 THE CITY MANAGER TO SELL SAME TO 6 VIRGINIA BEACH FINANCIAL CENTER, INC. 7 8 WHEREAS, the City of Virginia Beach (the "City) is the owner of that certain 9 0.97+/- acre parcel of land located at 5241 Princess Anne Road (the `Property'); 10 11 WHEREAS, the Property was acquired for the Princess Anne/Kempsville Road 12 Intersection Improvements Project, CIP 2-048 (the `Project); 13 14 WHEREAS, a portion of the Property was necessary for the Project, but a 15 residual area (the "Residual Property) is not needed for public purposes. The Residual 16 Property encompasses 0.87 +/- acre and is shown on Exhibit A, attached hereto; 17 18 WHEREAS, Virginia Beach Financial Center, Inc. (VBFC) has proposed to 19 purchase the Residual Property from the City for Four Hundred Thousand Dollars 20 ($400,000); 21 22 WHEREAS, VBFC proposes to relocate an office building onto the Residual 23 Property in such location and according to such prescribed standards as deemed 24 acceptable by the City; 25 26 WHEREAS, VBFC would purchase the Residual Property in accordance with the 27 Summary of Terms attached hereto as Exhibit B; and 28 29 WHEREAS, the City Council is of the opinion that the Residual Property is in 30 excess of the City's needs; 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 1. That the 0.87+/- acre parcel of property located at 5241 Princess Anne Road, 36 and shown on Exhibit A as "Residual Property;' is hereby declared to be in excess of the 37 needs of the City of Virginia Beach and that the City Manager is hereby authorized to 38 execute any documents necessary to convey the Residual Property to Virginia Beach 39 Financial Center, Inc., so long as such documents are in substantial conformity to the 40 Summary of Terms attached hereto as Exhibit B, and made a part hereof, and such 41 other terms, conditions or modifications deemed necessary and sufficient by the City 42 Manager and in a form deemed satisfactory by the City Attorney. 43 2. That the proceeds from this transaction shall be directed to the Princess 44 Anne/Kempsville Road Intersection Improvements Project (CIP 2-048). 45 This Ordinance shall be effective from the date of its adoption. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 3th day 48 of July , 2010. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ity Manager s Office City Attorney's 0 ice CA11543 \\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d023\p008\00060791. doc R-1 July 1,2010 N OIIV3,O 1 0 c y N•c a .L N a C" W0 w 4) 0 E L d c a c 173 a a ;a U Ce > IDD L CO o � a) E aC J 'L U J Q N E L CD t E c C N N "0 c O in N ES♦J 'VI CD E o6 ca m ORS = Ce a Q O cnc CDU C CD a1— O ^L+ W a. O a. r� Z EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 5241 PRINCESS ANNE ROAD SELLER: City of Virginia Beach PURCHASER: Virginia Beach Financial Center, Inc., a Virginia corporation ("VBFC") PROPERTY: A residual parcel of 0.87+/- acre located at 5241 Princess Anne Road, Virginia Beach, Virginia SALE PRICE: $400,000.00 CONDITIONS OF SALE: • The Property shall be sold subject to any easements needed by the City for the Princess Anne Road / Kempsville Road Intersection Improvements Project (the "Road Project"), including, but not limited to, utility, drainage, and temporary construction. The City shall also reserve an easement for a public canoe launch, as well as the right to access the public canoe launch and use parking spaces for same. • The City, at City expense, will demolish the north half of the building located on 5241 Princess Anne Road, shown on Exhibit A as "Area to be Demolished." • VBFC shall have the right to relocate its office, currently located on an adjacent site owned by VBFC, onto the Property. VBFC shall be solely responsible for obtaining all necessary permits and approvals to move the office, including all associated costs thereof and shall have sole liability for the risk of loss. • VBFC shall move the office prior to designated dates so as to not adversely impact the right-of-way certification deadlines associated with the Road Project. • VBFC shall be responsible for obtaining all necessary approvals for the rezoning of the Property from Office to B -4K (as each are defined by the Code of the City of Virginia Beach) within 12 months of settlement. Item V -J.2. - 49 - ITEM # 60154 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT: Ordinance to ADJUST funding from various sources for the Kellam High School Replacement project Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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: None Council Members Absent: William R. "Bill" DeSteph July 13, 2010 1 AN ORDINANCE TO ADJUST THE FUNDING FOR CIP #1- 2 106, THE KELLAM HIGH SCHOOL REPLACEMENT 3 PROJECT 4 5 WHEREAS, the Virginia Beach City Public Schools did not realize $1,690,768 in 6 estimated lottery revenue in fiscal year 2008-09 from the State; and 7 8 WHEREAS, the Schools received $2,167 in additional State construction funds 9 and $1,688,601 in interest income. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the funding for Capital Project # 1-106, Kellam High School Replacement be 15 adjusted in the amounts set forth below: 16 17 1. Estimated lottery revenue in FY 2008-09 is hereby decreased by $1,690,768; 18 and 19 20 2. Estimated revenue is hereby increased by $1,688,601 in interest income and 21 $2,167 in State construction funds. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of July , 2010. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services CA11555 R-1 June 21, 2010 APPROVED AS TO LEGAL SUFFICIENCY: ity orney's Office Item V-J.3.a/b/c/d - 50 - ITEM # 60155 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT: Ordinances to APPROPRIATE funds: a. $279,846 to the Sheriffs Inmate Services Fund re start-up costs for dining alternatives for inmates, office staff and City Employees b. $187,072 from FEMA and $46, 768 in local match from the State Fire Programs Grants Consolidated Fund re extrication equipment, fitness training and equipment c. $7,391 from the Virginia Department of Emergency Management with a local match of $7,391 by TRANSFERS from various sources re Emergency Operations Center enhancements d. $500, 000 from the Virginia Information Technologies Agency (VITA) to the Emergency Communications and Citizens Services Department (ECCS) for their FY 2010-11 Budget; $343, 357 for restoration of items cut and $156,643 to the General Fund for Contingencies Voting. 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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: None Council Members Absent: William R. "Bill" DeSteph July 13, 2010 1 AN ORDINANCE TO APPROPRIATE FUNDS TO THE 2 SHERIFF'S FY 2010-11 OPERATING BUDGET TO 3 ENHANCE INMATE SERVICES AND PROVIDE 4 DINING ALTERNATIVES FOR SHERIFF'S OFFICE 5 STAFF AND CITY EMPLOYEES 6 7 WHEREAS, the Sheriff's Department has requested to enhance and expand the 8 services currently provided to inmates, Sheriff's Office staff, and city employees. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 1. $279,847 in additional local revenue is hereby appropriated to the Sheriff's 14 FY 2010-11 Operating Budget to enhance inmate services and provide 15 dining alternatives to the Sheriff's Office staff and city employees, with 16 revenue from Charges for Services increased by $226,397 and Fund 17 Balance from the Inmate Services Special Revenue Fund increased by 18 $53,450; and 19 20 2. 4 Full-time FTEs and 2.24 part-time FTEs are hereby established within 21 the Sheriff's Operating Budget and are fully covered by revenues from the 22 enhanced and expanded services provided to inmates, Sheriff's Office 23 staff, and city employees. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 1 lI-h day of July , 2010. Requires an affirmative vote by the majority of all of the members of City Council. APPROVED AS TO CONTENT: L a by u Management Services CA 11566 R-3 July 1, 2010 APPROVED AS TO LEGAL SUFFICIENCY: • ney s Office 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE UNITED STATES DEPARTMENT 3 OF HOMELAND SECURITY TO THE FY 2010-11 4 OPERATING BUDGET OF THE FIRE DEPARTMENT 5 AND TRANSFER FUNDS FOR THE LOCAL MATCH 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1) $187,072 is hereby accepted from the United States Department of 11 Homeland Security, Federal Emergency Management Agency and appropriated, with 12 estimated federal revenues increased accordingly, to the FY 2010-11 Operating Budget 13 of the Fire Department for costs of extrication equipment, fitness training, and fitness 14 equipment; and 15 16 2) Funds in the amount of $46,768 are transferred from the State Fire 17 Programs Grant in the Grants Consolidated Fund to provide the local grant match. 18 Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of July , 2010. Requires an affirmative vote by a majority of all member of the City Council. Approved as to Content Approved as to Legal Sufficiency Management Services City Attorney's Office CA11558 R-1 June 23, 2010 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM THE DEPARTMENT OF 3 HOMELAND SECURITY TO THE FY 2010-11 4 OPERATING BUDGET OF THE FIRE DEPARTMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That the FY 2010-11 Operating Budget is hereby amended for the purpose and 10 amounts set forth below: 11 12 1) $7,391 is hereby accepted from the United States Department of Homeland 13 Security through the Virginia Department of Emergency Management and 14 appropriated, with estimated federal revenues increased accordingly, for 15 costs of web cameras for the Emergency Operations Center; 16 17 2) $2,328 is transferred from the Police Department to provide part of the local 18 grant match; and 19 20 3) $5,063 is transferred from various Fire Department emergency 21 management grants to provide the remainder of the local grant match: 22 23 a. $1,167 from Emergency Management Local Area Planning Grant; 24 25 b. $2,403 from Emergency Services VDES Fire Grant; 26 27 c. $1,013 from Determined Promise Exercise 04 Grant; 28 29 d. $115 from Citizen Corps CERT 05; and 30 31 e. $365 from Hazard Mitigation Grant 05. 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 1 3th day of July , 2010. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Q/1 Management Services CA11563 R-1 June 29, 2010 1 AN ORDINANCE TO APPROPRIATE FUNDS TO THE FY 2 2010-11 OPERATING BUDGET OF THE DEPARTMENT OF 3 EMERGENCY COMMUNICATIONS AND CITIZEN 4 SERVICES 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA, THAT: 8 9 (1) $343,357 is hereby appropriated, with state revenues increased 10 accordingly, to the FY 2010-11 Operating Budget of the Department of 11 Emergency Communications and Citizen Services for restoration of 12 programs and services; 13 (2) $156,643 is hereby appropriated, with state revenues increased 14 accordingly, to the FY 2010-11 General Fund — Reserve for 15 Contingencies; and 16 (3) Three full-time employees are established in the Department of 17 Emergency Communications and Citizen Services contingent upon 18 continued funding of wireless E-9-1-1 revenue. 19 20 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 3th 21 day of July , 2010. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services CA11565 R-2 June 30, 2010 APPROVED AS TO LEGAL SUFFICIENCY: ity A i' ey's Office -51 - Item V -K. PLANNING ITEM # 60156 1. CLAIRE L. FRIEDBERG STREET CLOSURE 2. KROGER LIMITED PARTNERSHIP I CONDITIONAL USES PERMIT 3. CATALDO INDUSTRIES, HI, LLC AND CONDITIONAL CHANGE OF ZONING JOYCE ANNE UPTON 4. Ordinances to AMEND the City Zoning Ordinance a. 0203 and 236 re off-street parking requirements 5. Ordinance to AMEND the Landscape Guide re Bicycle Parking and Permeable Pavers b. §111 re definition of `family" c. § 104 re civil penalties for zoning violations d. §501 and ADD §209.2 re Temporary Family Health Care Structures as accessory uses and apply regulations for single-family dwellings in Residential Districts July 13, 2010 - 52 - Item V -K. PLANNING ITEM # 60157 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4 a, b(DEFERRED INDEFINITELY), and 5 (DEFERRED INDEFINITELY) of the PLANNING BY CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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: None Council Members Absent: William R. "Bill" DeSteph July 13, 2010 - 53 - Item V -K.1. PLANNING ITEM # 60158 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinance upon application of CLAIRE L. FRIEDBERG for the closure of an unimproved portion of Loretta Lane (DISTRICT 6 - BEACH) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CLAIRE L. FRIEDBERG for the closure of an unimproved portion of Loretta Lane beginning 129.51 feet West of Millers Lane; GPIN: adjacent to #2417443944 and #2417450375. 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 the 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 verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. 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 (July 12, 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. 5. An easement shall be provided to allow access to GPIN 2417-45-0375-0000 through GPIN 2417-44-3944-0000 from Miller Lane or GPIN's 2417-44-3944-0000 and 2417-45-0375- 0000 shall be combined. A plat shall be submitted consistent with the requirements of this condition and shall be approved for recordation prior to final closure approval. July 13, 2010 - 54 - Item V -K.1. PLANNING ITEM # 60158 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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: None Council Members Absent: William R. "Bill" DeSteph July 13, 2010 I i 11 1 ORDINANCE APPROVING APPLICATION OF 2 CLAIRE L. FRIEDBERG FOR THE CLOSURE OF AN 3 UNIMPROVED PORTION OF LORETTA LANE 4 BEGINNING 129.51 FEET WEST OF MILLERS 5 LANE 6 7 WHEREAS, Claire L. Friedberg (the "Applicant") applied to the Council of 8 the City of Virginia Beach, Virginia, to have the hereinafter described unimproved right - 9 of -way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said right-of-way 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 18 SECTION I 19 20 That the hereinafter described unimproved right-of-way be discontinued, 21 closed and vacated, subject to certain conditions being met on or before one (1) year 22 from City Council's adoption of this ordinance: 23 24 All those certain pieces or parcels of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "PART OF PROPOSED STREET CLOSURE 27 (16,702 S.F./0.383 ACRES)" and "PART OF PROPOSED 28 STREET CLOSURE (1,756 S.F. / 0.040 ACRES)", shown as 29 the hatched and cross -hatched areas on that certain plat 30 entitled: "EXHIBIT OF PART OF LORETTA LANE PLAT 21, 31 PLAT 7 AND PART OF PLAT 6 (D.B. 1216, PG. 296) (M.B. 32 164, PG. 40; M.B. 87, PG. 31) CITY OF VIRGINIA BEACH, 33 VIRGINIA", Scale: 1"=100', dated March 16, 2010, prepared 34 by Mid Atlantic Surveying —Land Design, a copy of which is 35 attached hereto as Exhibit A. 36 37 38 GPIN: 2417-45-0375 and 2417-44-3944 1 39 SECTION II 40 41 The following conditions must be met on or before one (1) year from City 42 Council's adoption of this ordinance: 43 44 1. The City Attorney's Office will make the final determination 45 regarding ownership of the underlying fee. The purchase price to be paid to the City 46 shall be determined according to the "Policy Regarding Purchase of City's Interest in 47 Streets Pursuant to Street Closures," approved by City Council. Copies of said policy 48 are available in the Planning Department. 49 50 2. The applicant shall resubdivide the property and vacate internal lot 51 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 52 must be submitted and approved for recordation prior to final street closure approval. 53 54 3. The applicant shall verify that no private utilities exist within the 55 right-of-way proposed for closure. Preliminary comments from the utility companies 56 indicate that there is a gas main that crosses the area proposed for closure. If private 57 utilities do exist, the applicant shall provide easements satisfactory to the utility 58 companies. 59 60 4. Closure of the right-of-way shall be contingent upon compliance 61 with the above stated conditions within one (1) year of approval by City Council. If all 62 conditions noted above are not in compliance and the final plat is not approved within 63 one (1) year of the City Council vote to close the street, this approval will be considered 64 null and void. 65 66 5. An easement shall be provided to allow access to GPIN 2417-45- 67 0375-0000 through GPIN 2417-44-3944-0000 from Miller Lane or GPIN's 2417-44- 68 3944-0000 and 2417-45-0375-0000 shall be combined. A plat shall be submitted 69 consistent with the requirements of this condition and shall be approved for recordation 70 prior to final closure approval. 71 72 73 SECTION III 74 75 1. If the preceding conditions are not fulfilled on or before July 12, 76 2011, this Ordinance will be deemed null and void without further action by the City 77 Council. 78 79 2. If all conditions are met on or before July 12, 2011, the date of final 80 closure is the date the street closure ordinance is recorded by the City Attorney. 81 3. In the event the City of Virginia Beach has any interest in the underlying 82 fee, the City Manager or his designee is authorized to execute whatever documents, if 83 any, that may be requested to convey such interest, provided said documents are 84 approved by the City Attorney's Office. 85 86 SECTION IV 87 88 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 89 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 90 OF VIRGINIA BEACH as "Grantor" and CLAIRE L. FRIEDBERG and JAMES W. 91 MELCHOR, as "Grantee." 92 93 Adopted by the Council of the City of Virginia Beach, Virginia, on this 94 13th day of July , 2010. CA11414 \\vbgov.com\DFS 1 'Applications\CityLawProd\cycom 32\Wpdocs\D016\P007\00059674.DOC R-1 June 16, 2009 APPROVED AS 0 CONTENT: Planni APPROV a ment D AS TO LEGAL SUFFICIENCY: Walt i0j^ '144/1 fes City Attorney 3 EXHIBIT "A" 1. THIS SURVEY WAS PRODUCED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. BEARINGS INDICATED HEREON ARE REFERRED TO THE VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE NAD 1983 (1993 HARN). THE CITY OF VIRGINIA BEACH CONTROL MONUMENTS USED WERE P3 113, 134-0084, 2417-5 AND PS 118. 3. THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY ORIGINALLY PERFORMED IN DECEMBER OF 2007 AND UPDATED IN DECEMBER 2009. 4. NO WETLAND MARKERS WERE OBSERVED DURING THE RELD SURVEY. 5. UNDERGROUND UTILITIES ARE NOT SHOWN AND WERE NOT INVESTIGATED. 6. THE LINES SHOWN HEREON DELINEATING LORETTA LANE (FORMERLY MAPLE AVENUE) ARE BASED ON THOSE LINES INDICATED IN M.B. 87 AT PG. 31 AND M.B. 87 AT PG. 32. THERE IS NO CLEAR INDICATION OF ANY STRIA CLOSURE HAVING BEEN AFFECTED ON THE LINES AS SHOWN. VIRGINIA STATE PLANE COORDINATE SYSTEM 0 SOUTH ZONE - NAD 1983 / 1993 HARN NOW OR FORMERLY I BIRDNECK OFFICE AND INDUSTRIAL PARK, LLC. PARCEL 3 -C -3-132N 00'35'25" W (D.B. 4510, PG. 337)1 (\ 530.80' (0.A.) (M.B. 289, PG. 26-27) GPIN: 2417-44-0968-0000 100 200 300 SCALE: 1"=100 IRF = IRON ROD FOUND IPF = IRON PIPE FOUND "RAIL FOUND" = RAILROAD RAIL SECTION SET VERTICALLY D.B. = DEED BOOK M.B. = MAP BOOK PG. = PAGE EXHIBIT OF PART OF LORETTA LANE PLAT 21, PLAT 7 AND PART OF PLAT 6 (D.B. 1216, PG. 296) (M.B. 164, PG. 40; M.B. 87, PG, 31) CITY OF VIRGINIA BEACH, VIRGINIA MARCH 16, 2010 1,3co N 0036'39' W 380.93' (OA) 350.93' NOW OR FORMERLY CLAIR L FRIEDBERG, ETAL PART OF PLAT 6 AND PLAT 7 (D.B. 1216, PG. 296) (M.B. 154, PG. 89) (M.B. 7, PG. 89) GPIN: 2417-44-3944-0000 co NOW OR FORMERLY �� CAR L FRIEDBERG, \ \ ETAL PLAT 21 • (D.B. 1216, PG. 296) (M.B. 87, PG. 31) -3` GPIN: \ 2417-45-0375-0000 opo g 30.00 30.00' ✓RF !PF S 00'44'26' E 486.72' (0A) NOW OR FORMERLY LORETTA LANE. LLC PLAT 19 (INST. #20060804001185440) (M.B. 87, PG. 32) GPIN: 2417-45-4343-0000 LORETTA LANE (60' R.O.W.) (M.B. 7, PG. 89) (M.B. 164, PG. 40) (FORMERLY "MAPLE AVE.") IRF S 00'36'39' E 340.92' 6r,., MILLER LANE (50' R.O.W.) (D.B. 2208, PG. 1423) (M.B. 154, PG. 37) IDATLANTIC 408 OAKMEARS CRESCENT SUITE 100 VIRGINIA BEACH, VA 23462 PHONE: 757-557-0888 / FAX: 757-557-6770 www.mas-Id.com Item V -K2. PLANNING - 55 - ITEM # 60159 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED an Ordinance upon application of KROGER LIMITED PARTNERSHIP I for a Conditional Use Permit re an auto service and fuel station at 3330 Virginia Beach Boulevard (DISTRICT 5 — LYNNHAVEN) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of KROGER LIMITED PARTNERSHIP I for a Conditional Use Permit re an auto service and fuel station at 3330 Virginia Beach Boulevard; GPIN # 14878566110000 DISTRICT 5 — LYNNHAVEN RO71037430 The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted "Conditional Use Site Plan ", dated 3/31/10, and prepared by RLR Robertson Loia Roof Architects and Engineers. Signage depicted on the Site Plan is not approved. A separate sign package shall be submitted to the Current Planning Office for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed canopy, fuel pumps and kiosk shall be constructed in substantial accordance with the submitted elevation, "Kroger Fuel R-539 3330 Virginia Beach Boulevard ", dated April 1, 2010. Signage depicted on the elevations is not approved. A separate sign package shall be submitted to the Current Planning Office for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The applicant shall adhere to the submitted Landscape Plan entitled "Conditional Use Site Plan" dated June 8, 2010. 4. The applicant shall provide a photometric plan for review and approval by City staff. Canopy lighting shall be recessed and lighting levels shall be a maintained at an average of thirty (30) foot candles (fc). All lighting on the site should be consistent with those standards recommended by the Illumination Engineering Society. 5. Signage for the proposed use shall be limited to that which is allowed by the City Zoning Ordinance. Striping on the canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter (1/4) of the length of each side. Signage on the canopy shall not be externally illuminated. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and/or doors, on the canopy, the canopy columns or light poles. 6. There shall be no pennants, banners, streamers, strings of lights, portable signs, electronic display_signs or `flag" style signs on the site. The applicant shall install a sidewalk from King Richard Road to the entrance of the grocery store. July 13, 2010 - 56 - Item V -K.2. PLANNING ITEM # 60159 (Continued) 7. There shall be no outdoor vending machines, ice boxes or the display of merchandise anywhere within the facility area. 8. The applicant shall provide, on the site, a hazard mitigation kit for fuel spills and an accessible telephone or notification system for emergency contact of the responsible party for the site. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth of July, Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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: None Council Members Absent: William R. "Bill" DeSteph July 13, 2010 In Reply Refer To Our File No. DF -7671 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: July 1, 2010 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson' DEPT: City Attorney RE: Conditional Zoning Application; Cataldo Industries III, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on July 13, 2010. I have reviewed the subject proffer agreement, dated March 1, 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 / - 57 - Item V -K.3. PLANNING ITEM # 60160 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED an Ordinance upon application of CATALDO INDUSTRIES, HI, LLC and JOYCE ANNE UPTON for a Change of Zoning District Classification from R-7.5 Residential District to Conditional 0-1 at 4329 Bonney Road (DISTRICT 5 - LYNNHAVEN) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CATALDO INDUSTRIES, III, LLC and JOYCE ANNE UPTON for a Change of Zoning District Classification from R-7.5 Residential District to Conditional 0-1 at 4329 Bonney Road; GPIN #14778340400000 DISTRICT 5 - LYNNHAVEN Z07101240 The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. 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 Thirteenth of July, Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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: None Council Members Absent: William R. "Bill" DeSteph July 13, 2010 PREPARED BY: 0.13 SYKES. POORDON, P2111 AHERN & LEVY, P.C. PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS JOYCE ANN UPTON CATALDO INDUSTRIES III, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 1st day of March, 2010, by and between JOYCE ANN UPTON, party of the first part, Grantor; CATALDO INDUSTRIES III, L.L.C., a Virginia limited liability company, party of the second party, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEAS, the party of the first part is the owner of that certain parcel of property Lynnhaven located in 'the RagX1 11( District of the City of Virginia Beach, Virginia, containing approximately 1.81 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference said property hereinafter referred to as the "Property"; and WHEREAS, the party of the second part, as the contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to Conditional O-1 Office District; 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 GPIN: 1477-83-4040 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 — i C, C`C_Cri• {`�t (1L1)<C'.t—`�'6'�s'"`� 2Ziii GO 1 WEIENTAIVIM City of Virginia Beach 07/23/2010 12:52:03 PM AGMT Tina E. Sinnen, Clerk IIIII PM 2: 213 j1!M,ILIJJUPijji7 City of Virginia Beach 10/04/2010 10:23:12 AM COR 1 Tina E. Sinnen, Clerk «, 111 PREPARED BY: OH SUES. ROURDON, Otigi AIUERN & LEVY. P.C. WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have 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 the Property, the following reasonable conditions related to the physical redevelopment, operation, and use of the Property to be adopted, as a 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, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed as an office building and child day care/educational facility substantially as shown on the exhibit entitled "CATALDO OFFICE PARK 4329 BONNEY ROAD PRELIMINARY SITE PLAN", dated 2/23/10, prepared by The Spectra Group, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Concept Plan"). 2. When the buildings depicted on the Concept Plan are developed, their exterior appearance shall be substantially similar in architectural features, details and building materials as depicted on the exhibit entitled "CATALDO OFFICE PARK", dated March 1, 2010, prepared by Lemole Pointon Architects, which have been exhibited to the PREPARED BY: Ian SYYES, 80URDON, dnl AIiERN & LEVY, P.C. Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). 3. The freestanding sign designated on the Concept Plan shall be no greater than eight feet (8') in height and shall be substantially similar in architectural features, details and materials as depicted on the "Elevations". 4. The child care center will use reasonable contract incentives, staffing and program scheduling to encourage morning drop-offs between 7:00 and 7:30 AM and after 9:30 AM to substantially limit and distribute motor vehicle trips entering the development, which are attributable to this use, to 48 trips per hour within the 7:30 to 9:30 AM peak traffic period. 5. 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 R-7.5 and 0-1 Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of 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, 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. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (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, 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. PREPARED BY: 1013 SYKES, BOURDON, GYM AHERN & LEVY, R.C. WITNESS the following signature and seal: Grantor: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (/Jo7Ann Upton ailAV (SEAL) The foregoing instrument was acknowledged before me this 1 day of March, 2010, by Joyce Ann Upton. She is personally known to me or has produced identification. .\\11 Notary Pu lic My Commission Expires: 10 - 3 1- Z0 13 Notary Registration No.: 3 12 l0 1 O PREPARED BY: QIJ SYkCES, BOURDON, G� I AJ-IERN & LEVY, P.C. WITNESS the following signature and seal: Grantor: Cataldo Industries III, L.L.C., a Virginia 1. kited liability company ithony Cataldo, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this ist day of March, 2010, Anthony Cataldo, Managing Member of Cataldo Industries III, L.L.C., a Virginia limited liability company. He is personally known to me. My Commission Expires: August 31, 2010 Notary Registration No.: 192628 PREPARED BY: ©I I SUES. 1 OURDON. AtIERN & LEVY. P.C. Notary Public EXHIBIT "A" ALL THAT certain tract, piece or parcel of land, situate, lying and being on the Old - Norfolk London Bridge Road near Jacksondale, now know as Rosemont in Princess Anne County, Virginia, and more particularly bounded and described as follows: BEGINNING at a pin on the Southern line of the Old -Norfolk London Bridge Road at its intersection with the eastern line of a thirty (30) foot right of way and running thence along the Southern line of said road North 67 degrees 25 minutes East 177.55 feet; thence South 8 degrees 55 minutes West 170.7 feet to a pin; thence North 67 degrees 25 minutes East 50 feet to a pin; thence South 8 degrees 55 minutes West 342.65 feet to a pin; thence North 81 degrees 05 minutes West 187.9 feet to a pin on the Eastern line of said thirty (3o) foot right of way; thence North 8 degrees East 394.1 feet to a pin, the point of beginning, containing 1.9 acres, according to the plat of property made by W. B. Gallup, Surveyor, entitled property of Andrew Land, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 40, at Page 69, reference is hereby made to said plat for a more particular description. GPIN: 1477-83-4040 Conditional Rezone/Cataldo Industries III/Proffer PREPARED BY: WM3 SYK£S, BOURDON, d� At[£RN & LEVY, P.C. Item V -K 4. a. PLANNING - 58 - ITEM # 60161 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council DEFERRED INDEFINITELY, BY CONSENT: Ordinance to AMEND the City Zoning Ordinance (CZO): §,¢203 and 236 re off-street parking requirements Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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: None Council Members Absent: William R. "Bill" DeSteph July 13, 2010 - 59 - Item V -K.4. b. c. d. PLANNING ITEM # 60162 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT: Ordinances to AMEND the City Zoning Ordinance (CZO): §111 re definition of `family" §104 re civil penalties for zoning violations §501 and ADD §209.2 re Temporary Family Health Care Structures as accessory uses and apply regulations for single-family dwellings in Residential Districts Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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: None Council Members Absent: William R. "Bill" DeSteph July 13, 2010 1 AN ORDINANCE TO AMEND SECTION 111 OF THE CITY 2 ZONING ORDINANCE, PERTAINING TO THE DEFINITION 3 OF "FAMILY" 4 5 Section Amended: City Zoning Ordinance Section 111 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 111 of the City Zoning Ordinance is hereby amended and 11 reordained to read as follows: 12 ARTICLE 1. GENERAL PROVISIONS 13 .... 14 Sec. 111. Definitions. 15 For the purpose of this ordinance, words used in the present tense shall include 16 the future; words used in the singular number include the plural and the plural the 17 singular; the use of any gender shall be applicable to all genders; the word "shall" is 18 mandatory; the word "may" is permissive; the word "land" includes only the area 19 described as being above mean sea level; and the word "person" includes an individual, 20 a partnership, association, or corporation. 21 In addition, the following terms shall be defined as herein indicated: 22 23 Family. A "family" is: 24 (a) An individual living alone in a dwelling unit; or 25 (b) Any of the following groups of persons, living together and sharing living 26 areas in a dwelling unit: 27 (1) Two (2) or more persons related by blood, marriage, adoption, or 28 approved foster care; 29 (2) A group of not more than four (4) persons (including servants) who 30 need not be related by blood, marriage, adoption or approved foster 31 care; 32 33 34 35 36 37 38 39 (3) II fl A group of not more than eight (8) persons with mental illness, intellectual disability or developmental disabilities residing with one (1) or more resident counselors or other staff persons in a facility whose licensing authority is the department of mental health, intellectual disability and substance abuse services; provided, that mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in section 54.1-3401 of the Code of Virginia; 40 (4) A group of not more than eight (8) aged, infirm or disabled persons 41 residing with one (1) or more resident counselors or other staff 42 persons in a residential facility or assisted living facility for which 43 the Virginia Department of Social Services is the licensing authority; 44 or 45 (4) A group of not more than two (2) adults, who need not be related by 46 blood or marriage, and the dependent children of each of the two 47 (2) adults, provided that the children are under nineteen (19) years 48 of age or are physically or developmentally disabled. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of July, 2010. 2 1 AN ORDINANCE TO AMEND SECTION 104 OF THE 2 CITY ZONING ORDINANCE, PERTAINING TO THE 3 ACCRUAL OF CIVIL PENALTIES 4 Section Amended: City Zoning Ordinance Section 104 5 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 104 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 ARTICLE 1. GENERAL PROVISIONS 17 .... 18 Sec. 104. Violations and penalties. 19 20 (d) Each day during which the violation is found to have existed shall 21 constitute a separate offense. However, specified violations arising from the same 22 operative set of facts shall not be charged more frequently than once in any ten-day 23 period, and a series of specified violations arising from the same operative set of facts 24 shall not result in civil penalties which exceed a total of five thousand dollars 25 ($5,000.00). Civil penalties shall not accrue or be assessed for a period of thirty (30) 26 days after the issuance of a notice of violation from the zoning administrator or during 27 the pendency of an appeal to the board of zoning appeals. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of July, 2010. 1 AN ORDINANCE TO ADD SECTION 209.2 AND AMEND 2 SECTION 501 OF THE CITY ZONING ORDINANCE 3 ESTABLISHING TEMPORARY FAMILY HEALTH CARE 4 STRUCTURES AS ACCESSORY USES TO SINGLE - 5 FAMILY DWELLINGS IN RESIDENTIAL ZONING 6 DISTRICTS AND SETTING FORTH REGULATIONS FOR 7 THEIR USE 8 9 Section Added: City Zoning Ordinance Section 209.2 10 11 Section Amended: City Zoning Ordinance Section 12 501 13 14 WHEREAS, the public necessity, convenience, general welfare and good zoning 15 practice so require; 16 17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That Section 209.2 of the City Zoning Ordinance is hereby added, and Section 21 501 is hereby amended, to read as follows: 22 23 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 24 TO ALL DISTRICTS 25 .... 26 27 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 28 PARKING AND OFF-STREET LOADING 29 30 .... 31 32 Sec. 209.2. Temporary family health care structures. 33 (a) For purposes of this section: 34 (1) "Caregiver" means an adult who provides care for a mentally or 35 physically impaired person. A caregiver shall be either related by 36 blood, marriage, or adoption to or the legally appointed guardian of 37 the mentally or physically impaired person for whom he is caring. 38 (2) "Mentally or physically impaired person" means a person who is a 39 resident of Virginia and who requires assistance with two or more 40 activities of daily living, as defined in Section 63.2-2200 of the 41 42 Virginia Code, as certified in a writing provided by a physician licensed by the Commonwealth. 43 (3) "Temporary family health care structure" means a transportable 44 residential structure, providing an environment facilitating a 45 caregiver's provision of care for a mentally or physically impaired 46 person, that (i) is primarily assembled at a location other than its 47 site of installation, (ii) is limited to one occupant who shall be the 48 mentally or physically impaired person, (iii) has no more than three 49 hundred (300) gross square feet, and (iv) complies with applicable 50 provisions of the Industrialized Building Safety Law (Virginia Code 51 Sections 36-70 through 36-85.1) and the Uniform Statewide 52 Building Code (Virginia Code Sections 36-97 through 36-119.1). 53 14) Temporary family health care structures shall be allowed in the R-40 54 through R -5S Residential Zoning Districts as permitted accessory uses to single-family 55 dwellings. Temporary family health care structures shall be only (i) for use by a 56 caregiver in providing care for a mentally or physically impaired person and (ii) on 57 property owned or occupied by the caregiver as his or her residence. 58 (c) Such structures shall comply with all setback requirements that apply to 59 the primary structure and with any maximum floor area ratio limitations that may apply 60 to the primary structure. Only one family health care structure shall be allowed on a lot 61 or parcel of land. Placement of temporary family health care structures on a permanent 62 foundation shall not be required. 63 (d) A permit to install a temporary family health care structure shall be 64 obtained from the department of planning. The applicant shall provide sufficient proof of 65 compliance with this section, initially and annually thereafter for as long as the 66 temporary family health care structure remains on the property. Such evidence may 67 involve the inspection by the city of the temporary family health care structure at 68 reasonable times convenient to the caregiver, not limited to any annual compliance 69 confirmation. 70 (e) Any temporary family health care structure installed pursuant to this 71 section shall connect to any water, sewer, and electric utilities that are serving the 72 primary residence on the property and shall comply with all applicable requirements of 73 the Virginia Department of Health. 2 74 (f) No signage advertising or otherwise promoting the existence of the 75 structure shall be permitted either on the exterior of the temporary family health care 76 structure or elsewhere on the property. 77 (q) Any temporary family health care structure installed pursuant to this 78 section shall be removed no later than thirty (30) days after the mentally or physically 79 impaired person is no longer receiving or in need of the assistance provided for in this 80 section. 81 (h) The zoning administrator may, on behalf of the city council's, revoke the 82 permit granted pursuant to this section if the permit holder violates any provision of this 83 section. The zoning administrator is vested with all necessary authority on behalf of the 84 city council to ensure compliance with this section. 85 86 ARTICLE V. RESIDENTIAL DISTRICTS. 87 .... 88 89 Sec. 501. Use regulations. 90 91 .... 92 93 (a) Accessory uses and structures. Uses and structures which are 94 customarily accessory and clearly incidental and subordinate to principal uses and 95 structures and where such accessory structures do not exceed the height of the 96 principal structure and, in all residential zoning districts, except for R-30 and R-40, do 97 not exceed five hundred (500) square feet of floor area or twenty (20) percent of the 98 floor area of the principal structure, whichever is greater. In the R-30 and R-40 99 residential zoning districts, accessory uses and structures shall not exceed thirty (30) 100 percent of the floor area of the principal structure. Such accessory uses and structures 101 include but are not limited to: 102 103 .... 104 105 (6) Temporary family health care structures, in accordance with the provisions 106 of Section 209.2. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of July, 2010. 3 What a home next to home might look like: Kitchen: Would contain a small refrigerator, a microwave and a combined washer -dryer, along with such features as a timed medication dispenser. IllattiroonicA host of 'smart' devices can be installed, including a toilet that measures weight, temperature and urine content. f MleteriU1C floor Ise molded piece' concretelair that intJudese drain. Metal Ell to the floor. The is vinyl siding, (Dimensions Some potential features A'virtual companion - that would relay health-related messages {'It's time to take your medication') and play music. movies and games. A video system that would monitor the floor al ankle level, so the patient would have privacy but a caregiver would know if there was a problem. Bedroom: The cottage can legaly house only one person, but an additional Murphy bed can accommodate a caregiver's visits, Pressurized ventilation that can keep airborne pathogens in lit the patient Is quarantined) or keep outdoor air out (d a patient has a compromised Immuno system). A lift. attaclied to a built-in track in the ceiling. that would move a patient from the bed to bath- room 5o the caregiver could avoid heavy IlAing. SOURCE: N2Care ; Bonnie Berkowitz and Alberto Cuadra/The Washington Post - May 6, 2010 In addition to regular ambient Ilght, lighting et knee height would line the walls, illuminating the floor. Tripping over objects on the floor is the most common cause of falls. Item V -K.5. PLANNING - 60 - ITEM # 60163 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council DEFERRED INDEFINITELY, BY CONSENT: Ordinance to AMEND the Landscape Guide re Bicycle Parking and Permeable Pavers Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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: None Council Members Absent: William R. "Bill" DeSteph July 13, 2010 -61 - Item L.1. APPOINTMENTS ITEM # 60164 City Council RESCHEDULED, BY CONSENSUS, the following APPOINTMENTS: REVIEW and ALLOCATION COMMITTEE (COG) July 13, 2010 - 62 - Item L.2. APPOINTMENTS ITEM # 60165 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Jack Garrison, M.D. 5 Yr Term 9/1/10-8/31/15 COMMUNITY MEDICAL AD VISOR Y COMMISSION Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, 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: None Council Members Absent: William R. "Bill" DeSteph July 13, 2010 - 63 - Item L.3. APPOINTMENTS ITEM # 60166 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Linwood O. Branch, III 4 Year Term 9/1/10-8/31/14 AND, REAPPOINTED: C. Maxwell Bartholomew, Jr. John W. Richardson Prescott Sherrod 4 -Year Term 9/1/10-8/31/14 VIRGINL4 BEACH DEVELOPMENT AUTHORITY Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, 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: None Council Members Absent: William R. "Bill" DeSteph July 13, 2010 I - 64 - Item L.4. APPOINTMENTS ITEM # 60167 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Geraldine K Hunt 7/1/10-3/31/13 HUMAN RIGHTS COMMISSION Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, 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: None Council Members Absent: William R. "Bill" DeSteph r II July 13, 2010 II - 65 - Item L.S. APPOINTMENTS ITEM # 60168 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Diana LaClaire 3 -Year Term 9/1/10-8/31/13 PUBLIC LIBRARY BOARD Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, 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: None Council Members Absent: William R. "Bill" DeSteph July 13, 2010 II - 66 - Items P. ADJOURNMENT ITEM # 60169 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:10 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach, Virginia RECESSED RE ANNOUNCEMENT OF A PARTNERSHIP FOR PRESERVATION, AFTER WHICH THE CITY COUNCIL ADJOURNED: 6:28 P.M. July 13, 2010 - 67 - PRESS RELEASE ITEM # 60170 6:17P.M. Mayor Sessoms INTRODUCED Kent Whitehead — Public Land Trust, Christy Everett, Hampton Roads Director — Chesapeake Bay Foundation and Steven Lurus, Chair and Lillie Gilbert, Vice Chair — Open Space Advisory Committee. Mayor Sessoms ANNOUNCED a "Partnership For Preservation" of 122 acres of land, known as Pleasure House Point ("Indigo Dunes"), between the City, Public Land Trust, Chesapeake Bay Foundation and Wells Fargo Bank. This property is near the Lesner Bridge (Bayside - District 4) and consists of sixty-nine (69) acres upland and fifty-three (53) acres wetland and water. The Preservation will protect this environmental legacy from development (except approximately 5-10 acres which may be developed later). This property has been recognized for the past decade, by the Virginia Beach Outdoors Plan, as a top priority for open space preservation. The Trust for Public Land intends to sell a portion of this site to the Chesapeake Bay Foundation which will build an Education, Research and Administration building. Then, the Trust will sell a large parcel of land to the City of Virginia Beach for open space. Approximately 85-90 acres will come to the City, 10-20 acres including the water, will go to the Chesapeake Bay Foundation and 5-10 acres can be utilized for private development. The funding will be derived from numerous sources. The cost of the property is $13 -MILLION. The funding mechanism of $5 -MILLION will come from the Virginia Open Space Fund. There is a Coastal and Estuary Land Conservation Program Grant application (CELCP). This Grant of $3 -MILLION has been handled by the Public Land Trust. The Land Trust will fund this $3 -MILLION until a Grant is received. The Chesapeake Bay Foundation is providing $1 -MILLION for the purchase of their land. $4 -MILLION is anticipated for the sale of the property that will be designed for private development (5-10 acres). Vice Mayor Jones, who represents the Bayside area of the City, expressed appreciation to Mayor Sessoms for his unending support of the purchase. Pleasure House Point will continue as an environmental treasure — a lasting legacy. The effort to save Pleasure House Point is another example of how collaboration can be a great thing. Vice Mayor Jones again thanked the Chesapeake Bay Foundation and the Public Land Trust for their untiring cooperation and assistance in bringing this effort to reality. July 13, 2010 - 66 - Items P. ADJOURNMENT ITEM # 60169 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:10 P.M. We a/ Beverly O. Hooks, CMC Chief Deputy City Clerk ai,ax uth Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach, Virginia RECESSED RE ANNOUNCEMENT OFA PARTNERSHIP FOR PRESERVATION, AFTER WHICH THE CITY COUNCIL ADJOURNED: 6:28 P.M. July 13, 2010