FEBRUARY 8, 2011 MINUTESCITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOX WII,I.IAM D. SF. tiSOMS, JR., A~-[.arge
VICE MAYOR LOUlS R. ./ONF_S, Bay.rede - District -1
RI%A SWh,'F.T BF,/.!,l%TO, At-Large
GLENN R. DAVIS, Rose Hal( - District 3
WII.I.lAMR. Deti77iPH, A~-/,arge
HARRY E. DIEZf:'/.. Kempsville - D~.rtrict 2
NOBGRT M. DYER, Cen~ervllle - DistrFct f
BARHARA M. HENLEY, Princess Anne - District 7
JOHN E. UHRIN, Beach -- Disrrict 6
ROSEMARY W/L,SON, A!-I arge
JAMF.S L. WOOD, l.ynnhaven -D~srrict .i
CITY COUNCIL APPOINTEES
C'!TY MANAGER - JAMFS K. SPORF.'
C/TYA7TORNEY- MARK D.STILES
CITY ASSESSOR - JER,4LD D. BANAGAN
CITY AUDITOR -- I.YNDON S RF,MIAS
CITY C/,6RK -- R(ITH HODGES FRASER, MMC
L CITY MANAGER'S BRIEFING
A. WASTE MANAGEMENT PROGRAM
Dave Hansen, Deputy City Manager
IL CITY COUNCIL DISCUSSION
A. FiINDING: Virginia Beach City Public Schools
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. CITY COUNCIL AGENDA REVIEW
- Conference Room -
VI. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER - Vice Mayor Louis R. Jones
B. ROLL CALL OF CITY COUNCIL
CITY COUNCIL AGENDA
8 February 2011
CITY HALL BU/LDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGIN/A 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Crycncl@vbgov.com
3:30 PM
5:30 PM
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION - City Council Chamber - 6:00 PM:
A. CALL TO ORDER - Vice Mayor Louis R. Jones
B. INVOCATION: Reverend Jim "Pastor Bubba" Pugh
Calvary Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. FLECTRONIC 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. LEASE OF CITY PROPERTY - deWitt Cottage
1113 Atlantic Avenue
I. CONSENT AGENDA
J. ORDINANCES
January 25, 2011
Ordinance to AUTHORIZE the City Manager to EXECUTE a lease renewal with Back Bay Wildfowl Guild
for the deWitt Cottage at 1113 Atlantic Avenue (DISTRICT 6- BEACH)
Ordinance to AMEND the FY 2010-11 Operating Budget, AUTHORIZE various transfers and appropriations
within the Federal Housing Assistance Grant Fund of the Department of Housing and Neighborhood
Preservation and AMEND the current "Annual Funding Plan for the Use of Federal Funds".
K. PLANNING
Application of ROBERT L. NELSON and BARBARA N. GRAY T/A WEST LANDING MARINE for
Modification of Condition No. 5 to allow launching of personal watercraft at 2748 West Landing Road
(DISTRICT 7 - PRINCESS ANNE)
APPLICANT REQUESTS DEFERRAL
Applications of GMJ INVESTMENTS, LLC/WIZARD SERVICES, INC. at 300 and 301 Centre Point
Drive (DISTRICT 2 - KEMPSVILLE)
Modification of Proffers Nos. 1 and 2 to allow private colleges and universities (approved by City
Council on June 19, 1994)
Request for Conditional Use Permit to allow private colleges and universities
RECOMMENDATION
APPROVAL
Application of TAILWIND DEVELOPMENT GROUP, LLC/CITY OF VIRGINIA BEACH for a Chan~e
of Zonin~ from PD-H1 Planned Unit Development to O-2 Office at Independence Boulevard and Princess Anne
Road (DISTRICT 3 - ROSE HALL)
RECOMMENDATION
APPROVAL
Resolution to AUTHORIZE the MILITARY AVIATION MUSEUM to erect seven (7) Roadside Guide
Signs along Oceana Boulevard, General Booth Boulevard (DISTRICT 6- BEACH) and Princess Anne Road,
(DISTRICT 7 - PRINCESS ANNE)
STAFF RECOMMENDATION
APPROVAL OF 3 SIGNS
Ordinance to EXTEND the date for BONNEY G. BRIGHT to satisfy Conditions 2, 3 and 4(approved by City
Council on February 9, 2010) for the closure of a portion of Pocahontas Club Road (DISTRICT 7- PRINCESS
ANNE)
RECOMMENDATION
APPROVAL
Ordinance of CITY OF VIRGINIA BEACH to AMEND Section 111 of the City Zoning Ordinance (CZO) re
bar and nightclub requirements
RECOMMENDATION
L. APPOINTMENTS
BOARD OF ZONING APPEALS
COMMUNITY MEDICAL ADVISORY COMMISSION
ENERGY ADVISORY COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
RESORT ADVISORY COMMISSION
TIDEWATER YOUTH SERVICES COMMISSION
APPROVAL
I
M.
N.
O.
UNFINISHED BUSINESS
NEW BUSINESS
*********~~*************~~~~~~*~*
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
*~~~~~~~~~**********~~~~~~~~~~~~~*
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
x~~*x~~*~~~
FY 2011-2012 RESOURCE MANAGEMENT PLAN
"BUDGET"
March 15 School Board votes on School Budget
March 29 City Manager presents Proposed Budget to City Council
April 6 Open House -(Convention Center)
April 21 Public Hearing (Green Run High School)
April 26 Public Hearing (Council Chamber)
May 3 Reconciliation Workshop (Conference Room 234)
May 10 Adoption
ADJOURNMENT
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~~~~ ~UR N1.t~~N~
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 8, 2011
Vice Mayor Louis R. Jones called to order the CITY COUNCIL'S BRIEFING re WASTE
MANAGEMENT in the Ciry Council Conference Room, Tuesday, February 8, 2011, at 3:30 P.M.
Vice Mayor Jones advised, Frances Hodges Smith, Sister oJ the City Clerk, Ruth Hodges Fruser,
PASSED today, February 8, 201 L i~ice Mayor Jones stated all share her grief.
Council Members Present:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph,
Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor
Louis R. Jones, John E. Uhrin, Rosemary Wilson and James L.
Wood
Council Members Absent:
Mayor William D. Sessoms, Jr. ~Out of the Ciry on Family VacationJ
February 8, 2011
-z-
C ITY MANAGER `S BRIEFING
WASTE MANAGEMENT PROGRAM
ITEM # 60628
3:30 P.M.
The City Manager advised David Hansen, Deputy Ciry Manager, will continue the Briefing re the Waste
Management Program of January 25, 2011, and respond to inquiries. This single pie chart" reflects
the total requirements o~'the Waste Management Program in Virginia Beach.
rements
~ Collection
^ Recycling
~a Disposal
__' Program Support
~a Capital Equipment
Replacement
i~ LMRC
Total $35.8M
The recommendation was to create an alternative funding strategy for Municipal Solid Waste (the
section in yellow - $14.8-MILLION
FY 12 Collection Services
(Includes Southeastern Public Service Authority Tipping Fees)
------ -. _.....~_.._._..._..--
Total $21.2 ~
i~ MSW
~t Yard Debris
e~ Yard Debris Containers
i~ Bulk Item
Municipal Solid Waste's $14.8=Nliltian represents 41.3% of the $35.8-Million
FY12 Waste Management requirements
February 8, 2011
$0.5M
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C ITY MANAGER `S BRIEFING
WASTE MANAGEMENT PROGRAM
ITEM # 60628 (Continued)
Municipal Solid Waste Collection Funding Choices
~ No changes to funding: distribute budget cuts to other Departments, services, programs, and/or
dedications
~ Contract service delivery: rreinima[ initial savings lransitioning to a good chance of increased
costs
~ PrivatiZe service delivery: rrcaximize savings to the General Fund by conveying costs to service
recipients
r City Collection: RE Tax vs. Fee for Service
^ Requires a fee structure to account for:
^ MSW annual operating costs (baseline $14.8-Million)
^ Additional $58.2-Million thru the end of the SPSA contract
^ Equity discussion for residents and businesses
^ S month billing preparation period reguires $200,000
Municipal Solid Waste City Collection ~
Real Estate Ti~r
v 1¢ in Real Estate Tax for FY12 =$4. 95-Million
'~ Municipal Solid Waste total cost $14.8-Million per year (no bi[ling and no capital eguiprraent
replacement costs)
Pay less with 3% Real Pay Les.x wkh
Estate Increase Monthly Fee
'IM~~NI@~II~~I.I~~V~I~'~1~~4k~ ~,~~~' ~ kr. ~ :
~ . ~ ~' ~ f d ' "i?% ti
. . . -h±~ .~;S.r. u. ~~d m~,'~ MW~~Y~~R~ 111 ~d~~~ ~~.~
N:
121,317 ~d~r~~~ 18,768
+~ Breakeven Point - $400,000 Assessed Value
~ 3 cent tax increase generates $120 per year = same as $10 monthly fee
~ Impacts for Consideration
~ Reai Estate Taxes can be deducted on Federal and State Income
Taxes
~ Break even point changes depending on income tax bracket and
whether homeowner itemizes deductions on Federal/State income tax
statements.
February 8, 2011
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C ITY MANAGER `S BRIEFING
WASTE MANAGEMENT PROGRAM
ITEM # 60628 (Continued)
~+ Approximately 1/3 of all Dwelling Units in the City are Rentals
~ On average, renters' income are approximately 40% less than owner
occupied houses.
~ Renters of condominium units and all apartment dwellers likely pay for
waste collection through their rent.
~ Over 7,000 commercial parcels are required to privately acquire waste
collection and would not benefit from an increased real estate tax
Change in Value of Homes
i,zoo,ooo
i,ooo,ooo
800,000
600,000
860,320
400,000 _. __ 344,550 . _..._ _
283,406 304,775
200,000 ~ ~ ~
200,000 243,149 215,080
. y ._.._.... ..........~.... .._.._ * . r _: .
FY 07 FY OS FY 09 FY 10 FY 11 FY 12
- 20Q,000 --- 283,406 ~ 800,000
avg annual price increase of 1.5%
Current assessed value of homes is just slightly above what it was in the Year 2007.
February 8, 2011
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C ITY MANAGER `S BRIEFING
WASTE MANAGEMENT PROGRAM
ITEM # 60628 (Continued)
Real Estate Taxes by Year by Selected Value of Home
_. .
io,ooo _ . _ _ _ .
y~000 8,656. _. _._
7,920
g~ppp __ 7,6,57 ._
~.
7,000
6,000
5,000
4,000
3,000
2,000
1,000
Z $~ 3,066
2,164
712
FY 07 FY 08 FY 09 FY 10 FY 11 FY 12
avg annual decrease in taxes of 0.7%
200,000 ' - 283,406 ~ 800,000
City Comparisons:
Waste Management Services
'~ The spreadsheet is divided into S sections:
"~ Harrapton Roads
~' Commonwealth of vA cities/Geographic areas (counties)
'~ Similar sized cites (+/- 70,000 residents compared to Virginia Beach)
'~ Mega cities (1-Million resitlents or above)
~' Other cities
'~ Virginia Beach's information is at the top oJthe first page
'~ Cities Researched.•
"~ SO largest cities in the United States (population). Note: i~irginia Beach is the 41Sr
largest city in the nation according to 2009 US census Bureau data
~ Select cities/Geographic areas in the Commonwealth of T~irginia
~ Hampton Roads cities
Virginia Beach is one of only two Hampton Roads cities that does not have a direct charge to residents
for regular curbside waste collection services. Suffolk is the other city.
w Of the 60 cities researched, 4l do have a direct charge to residents for basic waste collection
~ Basic service charges in most localities are subsidized with other funding sources
'~ Range of services varies among the localities
~ Of the SO largest cities, only two (2) cities outsource waste collection to private companies -
Denver, Colorado, and Las Vegas, Nevada.
February 8, 2011
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C ITY MANAGER `S BRIEFING
WASTE MANAGEMENT PROGRAM
ITEM # 60628 (Continued)
Decision Matrix
Comparison of Municipal Solid Waste Collection Funding Alternatives
Privatized Privatized Real
Contract Collection Collection Fee for Estate No
Factor Collection (Onen Marketl (Franchisel Service Tax ChanQe
Most effective
contribution to creating
a long-term financial
strate
Highest level of City
res onsibili
Greatest control over
quality of service
rovided
Greatest impact on
ro ram costs
Kighest cost per month
to ee
Highest cost per month
to Ci
Best value for
recz ient/customer
Best value for taxpayer
Greatest potential for
ille al dum in
Best supports quality of
li e
Fairest means offunding
Greatest impact on
Waste Management
em lo ees
Best opportunity for
re ional coo eration
Greatest potential for
bud et reductions
Best opportuniry to
adjust the budget to meet ~
market conditions ancl
increasin costs
Highest risk of escalating
costs
Best case for rate
stabilization
Best meets the Tax, Fee
and Spending Blue
Ribbon Task Force
recommendations
Mr. Hansen advised the "break even"point for Real Estate Tax versus monthly fee is a$400,000 in
real estate assessment. .03 Cents multiplied times the value of the house will generate $120 and that
would be the "break even"point
February 8, 2011
- 7-
C ITY MANAGER `S BRIEFING
WASTE MANAGEMENT PROGRAM
ITEM # 60628 (Continuetl)
General Fund Impact of Municipal Solid Waste Funding
~ FY12 Waste Management Budget Target $28.5-Million
~' FY12 Waste Management Requirements $35.8-Million
'~ FY12 Waste Management Program Deficit $ 7.3-Million
'~ Municipal Solid Waste Funding Option $14.8 Million
~ General Fund Deficit Offset $ 7. S-Million *
+~ * Based on fully funding capital eguipment replacement on a 7- year cycle
Wasts Mansgement Projattsd Costs
FY 2011 through FY 2018
Ops p s~ ~~ Equipment OMR Totai
fY 2011 21.6 8.9 0.9 a.5 31.9
FY 2012 21.7 Sq,S 3.1 0.5 35.8
FY 2ts13 22.4 10.5 3.2 G.S 36.6
FY 2Q1A 23.0 I4.5 3.fl 0.5 37.0
~Y 24I5 23.7 10.5 2.7 a.b 37.5
~Y 2016 2A.4 14.4 2.7 0.£ 41.7
FY 20i7 25.2 17.6 3.6 0.6 A7.0
FY Z018 25.9 15.6 3.7 0.7 45.4
TOTAL 7 YEAR INCREASE $58.2M
Average Annual Increase $8.3M
FY12 Waste Management Target $28.SM
FY12 Requirements above Target $7.3M
*OPS - Operations
*OMR - Landfill maintenance and regulatory compliance.
Billing for Municipal Solid Waste Collection
w Five (S) months for implementation
'~ $200,000 implementation
'~ Consolidate with water/sewer/storm water
p Bi-monthly billing
~ $375,000/year support resources
26,~25 businesses in the Ciry was discussed. This translates to only 7,000 commercial parcels. One (1)
commercial parcel could have a dozen businesses within it.
February 8, 2011
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C ITY MANAGER `S BRIEFING
WASTE MANAGEMENT PROGRAM
ITEM # 60628 (Continued)
The following shall be discussed in detail at the June 3, 2011 City Council Briefing
Value of Virginia Beach Landfill
Direct Impact on Disposal Costs
'~ Value oJLandfill Air Space
$100-Million in disposal capacity within existing permitted cells
$300-Million in disposal capacity within existing property boundary
A critical long term financial City asset
~ SPSA Contract - Agreed upon, and expected outcomes
$11.0-Million SPSA Reimbursement of Landfill operating expenses
$15.80-Million SPSA Share of cell closures
~ SPSA Contract - Agreed upon, but not expected outcome
$41.4-Million Tipping fees saved FYlI - FY16
+~ Additional Value
$ S. S-Million Salvage of Hurricane Isabe[ mulch from Cell 2A
Value of Virginia Beach Landfill
Operational Impacts
~ Disposal of mostly ash and residue
'~ Preserves airspace capacity
~ Less obtrusive than adjacent CDD landfill
~ No odor issues
'~ No noise issues
~ No traffic issues
~ Coexists with neighbors
'~ Central location allows potential for cooperative agreements with adjacent localities
Value of i~irginia Beach Landfill
Cost of New Landfill
'~ Difficult to find site (300-500) acres out of flood plain in a central location
w 7-10 years needed for design, permitting, construction
~' $I25M capital costs
v $600M life cycle costs
Questions from Councilman DeSteph and responses from Waste Management Operating Requirements
and Resources, as well as a spread sheet re Comparisons of Waste Management Services are hereby
macle a part of the record.
Phil Davenport, Operations Support Administrator - Public Works, advised a Standing Safery Committee
with Waste Management, meets on a regular basis.
February 8, 2011
-9-
CITY COUNCIL DISCUSSION
FUNDING - Virginia Beach City Public Schools
4:15 P.M.
ITEM # 60629
Mayor Sessoms and Vice Mayor Jones met with the Chairman Daniel D. Edwards and Vice Chair
William J. Brunke, IV, Virginia Beach School Board, as well as City Manager James K Spore and
James Merrill, Superintendent of Schools. In the course of a couple of weeks, the School Administration
and the Board have submitted a proposal for the purpose of dealing with excess funds from year end last
year.
vice Mayor Jones quoted City Council Policy, #6.02 and additions under Purpose 1.0: "The revenue
sharing forrrcula will be reviewed periodically by a corrtmittee as established in Section 9.1 of this
policy, and will be adjusted as necessary.
#3.0 Procedures to Accomplish the Policy. City Council Policy #3.1. "These percentages may be
adjusted for any fiscal year at the discretion of the City Council. An adjustment may be necessary due
to a ta~r increase or decrease, an increase or decrease in other revenue or any other circumstance at the
discretion of the City Council."
#9.0 Revision to Policy:
#9.2 This policy shall be reviewed and revised as appropriate or necessary
(e) Periodically, but at least Biennially, beginning no later than January 31, 2007.
Current Virginia Beach City Public School Proposal
• $14.5-Million to be transferred from School Risk Management to Ciry; $S.5-Million School Risk
Management Fund to be used by Schools for CIP Pay-As-You-Go funding in FY2012; City
assumes risk above new balance of ~6.1-Million
• Other School Reserve/Restricted balances left as is for School requirements
• Revenue Sharing Formula (RSF) remains 51.3% Schools/48.7% City for the FY2011-2012
Budget
• RSF subject to open, collaborative, objective review during the Summer of 2011
• Lump sum appropriations for FY2011 by April 1 and for FY2012 when appropriated
• School Board to continue considering compensation adjustments and Retirement Incentive
program
City and School Undesignated Fund Balances at June 30, 2010, (Net of all designations) are hereby
made a part of the recarc~
Patricia Phillips, Director of Finance, reviewed the next chart. Some funds are dedicated to specific
purposes, some are federal funds. There is a unique story with each of these funds.
The next chart depicts General Fund Balance calculations and Historical Overview of Undesignated
Genera[ Fund Balance for the Past Ten Fiscal years. These were requested by Council Lady Bellitto.
February 8, 2011
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-10-
CITY COUNCIL DISCUSSION
FUNDING - Virginia Beach City Public Schools
ITEM # 60629 (Continued)
General Fund Statement of Revenues, Expenses
And Changes in Fund Balance
For the Fiscal Year Ended June 30, 2010
(In Millions)
Beginning Total Genera[ Fund Balance at Ju[y 01, 2009 $ 163. 7
FISCAL YEAR 2010:
Revenues $ 1,048.4
Expenditures 1,033.1
Increase in Total Fund Balance 15.3
TOTAL General Fund Blance at June 30, 2010 $ I79.0
Less General Fund Reservations at June 30, 2010:
Encumbrances $ 7.9
Loans 9.8
Department Reservations 4.4
Norfolk Southern S.0
Ciry CIP - 2011 27.4
School CIP - 2011 4. 7
School Revenue Sharing 14.9
Risk Management 2.8 76.9
UNDESIGNATED GENERAL FUND BALANCE AT JUNE 30, 2010
2001 $62.3 $655.7 9.5%
2002 59.5 661.1 9.0%
2003 63.1 717.0 8.8%
2004 73A 784.9 9.3%'
2005 96.6 870.3 11.1%
2005 ' 123.4 960.2 12.890
2007 103.4 1,027.6 10.1%
2008 120.1 1,068.7 11.2%
2009 92.7 1,044.8 8.9%
2010 102.1 1,015.2 10.1% *
* Includes SPSA Repayment
February 8, 2011
-11-
CITY COUNCIL DISCUSSION
FUNDING -[~irginia Beach City Public Schools
ITEM # 60629 (Continued)
Council Lady Bellitto requested the General Fund Balance for each of the Fiscal Years from June 30,
2001 to June 30, 2009
Current FY 2011-12
Operating Budget Deficit
(no new programs)
Five'Year Forecast Deficit ECity only)` S 19.i-Million
Shift of State Line of Duty costs to City $ 0.8 -Million
Increase request from HRT $ 1.3 -Million
Additional loss of state revenues $1.2-Million
Departmental submissjons to'maintain current services $1.5-Million ;
greater tt~an anticipated in the foreeast
Current Services Deficit: $ 23.9-Million
Potential tvss a# Machinery & Tools tax/BPOL on new $ 0.8 Miliion to
businesses ' $2.0 Million
Selected Critical Programs and Services Currently Unfunded in FY 2011-2012 are hereby made a part
of the recorc~
Graph of City and School Operations from FY 2007-08 to FY 2010-I1
City/School Operating Budget With Pay Go - Excludes Debt
$900.0 .;._..
~ _._.,_ __ _...__. _...___ ------- ___...._
5800.0 --
.. w ~.. . , ,. .. - .... ..~
- .~ a. ,< __~~ >., . .
$7813 -4.7%
- -a>~„.~ ~
$819.5
$700.0 .__
$688.2 __ .
$639.2 -7.1%
$600.0 -__. __
m
' $598.8 $573.8 -4.2%
$500.0 -.__ __. __ __._ ___ _. _..__. _._..
~
- $400.0 ..i._.._ ___. __... ......._. -- __ ___ ....._ ___.__....._._
......
s
f $300A - - - _ _ __ -- -- - _ --
$200.0 .__ __ __ _ __
_.
$100.0 ~- $~.~ -- $95.2 +7.6%
$0.0 . _ $49.5 $55.6. +12.2%
2007-OS 2008-09 2009-30 2010-11
--Ciry (Excluding Enterprise Funds and Constitutional Offices; Includes Special Revenue Funds and Grants~
-SChools (Operadng Fund Only)
~~-----~ Schools (Includes Special Revenue Funds and Grants)
- Constitutiona I Off ices
«^«-^EnterpASe Funds
February 8, 2011
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-12-
CITY COUNCIL DISCUSSION
FIINDING - Virginia Beach City Public Schools
ITEM # 60629 (Continued)
FY 2011-12 / FY 2016-17
Capital Improvement Program
Selected Priority CIP Projects
Project
E-911 ALI Database Management dt Selective Routing
This project will upgrade selective routing services and will place the VB 911
Center in a position to effectively process VoIP (Voice over Internet Protocol),
Telematics, IP-based and perceived Next Generation 911 calls in an ever-
growing wireless mobile and geo-based society, and will meet the needs of
public safety personnel by providing more accurate, more detailed, and
timelier information as they respond to emergency calls for service.
VBAlert Replacement
This product would upgrade the City's current communication system by
expanding the capability of launching information via multiple communications
channels (e.g., cell phones, emails, text messaging, etc.) and expand
notification of alternate types of inessages (e.g. road closures, meetings, events,
etc.) other than emergency related.
Alarm System Monitoring/MOSCAD Replacement
This project will replace the existing building alarm monitoring system,
MOSCAD/Intrac that is used by the City and Schools to provide alarm
monitoring for 60 City and 95 School locations.
Fire Apparatus - Restore Funding
This project provides for replacement and new fire apparatus that have a useful
life of over ten years.
Police Data Storage and Management for Evidentiary Files
This project will provide storage capaciry and data management capabilities
for large evidentiary files, such as crime scene photographs, video and audio
evidence, audio and video interviews, recording of TASER events and in-car
cameras, and miscellaneous investigative audio and video recordings.
FY12-FY17
Total
$ 2,007,876
$ 435,859
$ 2,435,000
$ 1,200,000
$ 1,318,060
February 8, 2011
-13-
CITY COUNCIL DISC[ISSION
FUNDING - i~irginia Beach City Public Schools
ITEM # 60629 (Continued)
FY 2011-12 / FY 2016-17
Capital Improvement Program
Selected Priority CIP Projects
Project I FY12-FY17
Total
Judicial Center Water Intrusion Abatement $ 3,900,000
This project is to address the failure of the existing water proofing system
around the perimeter of the Judicial Center Complex, which has resulted in
deterioration of the interior ground floor walls due to rain water intrusion
through the waterproofing membrane.
Police - Integrated Public Safety Record Management System - Restore
Funding $ 3,847,807
This project implements Criminal Justice Automated Systems Analysis, an
integrated Public Safety Records Management System comprised of mobile
field reporting and electronic summons components and will enhance the
interfacing betrveen the Ciry's public safety agencies and State, Federal, and
regional public safety systems
Police Special Operations/Forensics/Evidence $ 2,970,767
This is a replacement facility that will provide adequate space for staff work,
including computers, interviews, meeting muster, and training; a locker room
with a bathroom and shower, public visitation and witness interaction, and
storage of evidence and equipment.
Fire Facility Rehabilitation and Renewal $ 2,227,401
This project provides for replacement of driveways or aprons, replacement of
roofs, removal of asbestos, reconstruction of water and sewer systems,
replacement of equipment such as air conditioning, plumbing, kitchen
equipment, addition of exhaust systems to ensure proper air quality, and all
other renewal relating to habitability of existing ftre facilities.
TOTAL PUBLICSAFETY.• ~ ~ $20,342,770
February 8, 2011
-14-
CITY COUNCIL DISCUSSION
FUNDING - Virginia Beach City Public Schools
ITEM # 60629 (Continued)
Change in Service Demand From FY 2001 to 2010
10.7°~
~._ _.
-9.0%
w~~~ a~~~ `~b aay er~ y,'~R e~~ ~.'~~o ~~'~
e ~~y ~e e ~ ,~ tb`
Q°~~\~ ~d~h~i L~``e~ a~~o ~~`~~ ~~et ~~,~` J~y~a ~~~~`
G~ e a~,~y „1,a~ ~~',~+'~ Q,ey~ ae~,~~ y~a~Q ~,p,~~a ,.~r'`y
Q°~~~ 5°``a ~ `'~J ~C°~,, ti~~` ie~~`.
Qr~i h~,
Student Enrollment
sa,ooo _ _
7s,ooo
7z,ooo
ss,ooo
64,000
so,oao
Zooo Zoaz Zoo4 zoos Zoos Zo~o Z~~z 2~14 Zo~s
School Year
February 8, 2011
. _. _ _ _ _. _. _ _ .
137.1%
-IS-
CITY COUNCILDISCUSSION
FUNDING - Virginia Beach City Public Schools
ITEM # 60629 (Continued)
Ratio of Stutlents to Instructional Personnel
1998 2012 Change
Students 77,513 69,477 -10.4%
Instructional
Personnel 7,140.60 7,042. 75 -1.4%
Ratio 10.86 9.87 -9.1 %
Total Local Funding Per Pupil
~Includes 4perations, Debt, and Pay
Go~
$6,000.0
$5,000.0
Sa,aoo.a
$ 3,000.0
s2,ooo.o
Sl,ooo.o
So.o
February 8, 2011
2000 2001 2002 2003 20Q4 2005 2006 2007 2008 2009 201U 2011 2012
Fiscal Year
-16-
CITY COUNCILDISCUSSION
FUNDING - Virginia Beach City Public Schools
ITEM # 60629 (Continued)
Funded School
56,000 _;_ .___
5s,ooa
Per
$4,Q00
53,000
S 2,000
$1,000
SO : _
2003 2Qa4 ZOOS 2Q06 2007 2008 2009
Source: Virginia Department of Education Superintentlent's Annual Report
-~--Vir~inia Beach
#Chesap~akc
Norfolk
-~-Portsmouth
--~--Suffolk
~ Hampt~r~
~ ~~~NewpartNews
City Council discussed the proposed Resolution distributed by the Vice Mayor, providing Direction to
the City Manager regarding Risk Management Funds and his FY 2012 Budget Recommendation.
WHEREAS:
^ City Council created the Special Revenue Fund School Reserve to serve as a"Rainy Day " fund
^ A fund balance that substantially exceeds actuarial liabilities has accumulated in the School Risk
Management Internal Service Fund (ISF)
^ It is in the public interest to avoid duplication of services and expenses where practicable
^ In light of accumulation of School Reserve Funds and shrinking City revenues, the Revenue
Sharing Formula may no longer align with budgetary needs
BE IT RESOLVED BY THE COUNCIL - That the City Manager:
1. In the preparation of the FY2012 budget include an analysis of impacts if the Ciry/School
Revenue Sharing Formula (RSF) remains at 48.7% City and 51.3% Public Schools or if the
formula is revised to 50% / SO%
2. Take steps necessary to effectuate a consolidated Risk Management Internal Service Fund (ISF)
for the Ciry and Schools to the extent legally permissible
3. Take steps to direct $5.5-Million of the School Risk Management ISF to School CIP Pay-As-You-
Go and ~14. 5-Million of the School Risk Management ISF to the City General Fund (GF)
City and School Fund Balances as of June 30, 2010, were distributed and are hereby made a part of the
record.
February 8, 2011
-17-
CITY COUNCIL DISCUSSION
FUNDING - Virginia Beach City Public Schools
ITEM # 60629 (Continued)
David Hansen, Depury City Manager, noted the attendance of Daniel D. Edwards, Chair - Virginia
Beach City Public Schools. A Certified copy of the Resolution regarding FY 2010-I1 Budget and request
for Categorical/Fund Transfers unanimously adopted by the School Board of the Ciry of Virginia Beach
at their regular meeting held on February 1, 2011, was distributed.
A short brief (2 pages) re School funds was distributed by Chairman Edwards and is hereby made a part
of the record.
February 8, 2011
-18-
A GENDA RE VIE W SESSION
S: 52 P.M.
ITEM # 60630
BYCONSENSUS, the following items shall compose the CONSENTAGENDA:
ORDINANCES
1. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease renewal with Back
Bay Wildfowl Guild for the deWitt Cottage at 1113 Atlantic Avenue (DISTRICT 6-
BEACH)
2. Ordinance to AMEND the FY2010-11 Operating Budget, AUTHORIZE various
transfers and appropriations within the Federal Housing Assistance Grant Fund of the
Department of Housing and Neighborhood Preservation and AMEND the current
"Annual Funding Plan for the Use of Federal Funds ".
February 8, 2011
-19-
AGENDA REVIEW SESSION
ITEM # 60631
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
K. PLANNING
1. Application of ROBERT L. NELSON and BARBARA N. GRAY T/fl WEST LANDING
MARINE for Modi acation of Condition No. 5 to allow launching of personal watercraft
at 2748 West Landing Road (DISTRICT 7- PRINCESS ANNE)
2. Applications of GMJINVESTMENTS, LLC/WIZARD SERVICES, INC. at 300 and
301 Centre Point Drive (DISTRICT 2- KEMPSVILLE)
a. Modi ication of Pro ff'ers Nos. 1 and 2 to allow private colleges and universities
(approved by City Council on June 19, 1994)
b. Request for Conditional Use Permit to allow private colleges and urtiversities
3. Application of TAILWIND DEVELOPMENT GROUP, LLC/CITY OF VIRGINIA
BEACH for a Change o Zoning from PD-Hl Planned Unit Development to O-2 Office
at Independence Boulevard and Princess Anne Road (DISTRICT 3- ROSE HALL)
5. Ordinance to EXTEND the date for BONNEY G. BRIGHT to satisfy Conditions 2, 3, 4
(approved by Ciry Council on February 9, 2010) for the closure of a portion Pocahontas
Club Road (DISTWCT 7- PRINCESS ANNE)
6. Ordinance of CITY OF VIRGINIA BEACH to AMEND Section 111 of the Ciry Zoning
Ordinance (CZO) re bar and nightclub requirements
Item K.1. (ROBERT L. NELSON and BARBARA N. GRAY T/fl WEST LANDING MARINE)
shal[ be DEFERRED INDEFINITELY, BY CONSENT.
Item K.4. Resolution to AUTHORIZE the MILITARYAVIATIONMUSEUM to erect seven (7)
Roadside Guide Signs along Oceana Boulevard, General Booth Boulevard (DISTRICT 6-
BEACH) and Princess Anne Road, (DISTRICT 7- PRINCESS ANNE) shall be discussed during
the Formal Session.
February 8, 2011
-20-
ITEM # 60632
City Council DID NOT CONDUCT a CLOSED SESSION.
February 8, 2011
-21-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
February 8, 2011
6:00 P.M.
Vice Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 8, 2011, at 6: 00 P.M.
Council Members Present:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph,
Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor
Louis R. Jones, John E. Uhrin, Rosemary Wilson and James L.
Wood.
Council Members Absent:
Mayor William D. Sessoms, Jr. [Out of the Country,
family vacationJ
INVOCATION: Reverend Jim "Pastor Bubba " Pugh
Calvary Baptist Church
A MOMENT OF SILENCE was held in remembrance of Frances Hodges Smith, Sister of the City
Clerk, Ruth Hodges Fraser, who passed today, February 8, Z011.
PLEDGE OFALLECIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA
Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297
Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles,
TowneBank has an interest in numerous matters in which he is not personally involved and of which he
does not have personal knowledge. In that regard, he is always concerned about the appearance of
impropriety that might arise if he unknowingly participates in a matter before City Council in which
TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne
Realry, 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 Ciry Council agenda to ident~ any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies a matter in which he has a"personal
interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter
with the City Clerk to be included in the o~cial records of City Council. Mayor Sessoms' letter of
March 24, 2009, is hereby made a part of the record.
February 8, 2011
-22-
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a
`personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the o~cial records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of Ciry Council for the
purpose of ident~ing any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter ofJanuary 27, 2004, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent a~liated with Prudential
Decker Realty. Because of the nature of Real Estate Agent a~liation, 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~ing any matters in which she might have an actual or potential conflict. If, during her
review she identifzes any matters, she will prepare and frle 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.
February 8, 2011
-23-
Item V-E.
CERTIFICATION ITEM # 60633
DUE TO TIME CONSTRAINTS, A CLOSED SESSION WAS NOT HELD.
February 8, 2011
-24-
Item V-F.1
ITEM # 60634
Upon motion by Councilman DeSteph„ seconded by Councilman Dyer, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of January 25, 201I.
Voting.• 10-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, YVilliam R`Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, vice Mayor Louis R. Jones,
John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 8, 2011
-zs-
Item V-G1.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 60635
BY CONSENSZ~S, Ciry Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
February 8, 2011
-26-
Item V-.H. 1.
PUBLIC HEARING ITEM # 60636
Vice Mayor Louis R. Jones DECLARED A PUBLIC HEARING:
LEASE OF CITYPROPERTY- deWitt Cottage
1113 Atlantic Avenue
There being no speakers, Vice Mayor Jones CLOSED THE PUBLIC HEARING.
February 8, 2011
-27-
Item V-J.
ORDINANCES ITEM # 60637
Upon motion by Councilman Wood, seconded by Council Lady Wilson, Ciry Council APPROVED in
ONE MOTION Items 1 and 2 of the CONSENT AGENDA.
voting: 10-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R`Bill" DeSteph, Harry E.
Diezel> Robert M. Dyer, Barbara M. Henley, vice Mayor Louis R. Jones,
John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay.•
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 8, 2011
-28-
Item V-J.1.
ORDINANCES ITEM # 60638
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT.•
Ordinance to AUTHORIZE the City Manager to EXECUTE a lease
renewal with Back Bay Wildfowl Guild for the deWitt Cottage at 1113
Atlantic Avenue (DISTWCT 6 - BEACH)
Voting.• 10-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
John E. Uhrin, Rosemary Wilson and .7ames L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
Mayor William D. Sessoms, Jr.
February 8, 2011
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR FIVE
3 YEARS WITH BACK BAY WILDFOWL GUILD FOR
4 CITY-OWNED PROPERTY LOCATED AT 1113
5 ATLANTIC AVENUE, VIRGINIA BEACH, VIRGINIA
6
7 WHEREAS, the City of Virginia Beach (the "City") acquired the deWitt
8 Cottage property located at 1113 Atlantic Avenue (the "Property") from the
9 Virginia Beach Foundation on September 28, 1995;
10 ~
11 WHEREAS, the City has been leasing the Property to the Back Bay
12 Wildfowl Guild ("Back Bay") since October 2000;
13
14 WHEREAS, the current lease term expired on October 22, 2010;
15
16 WHEREAS, Back Bay has continued to operate in the Property and
17 desires to enter into a new formal lease agreement with the City for the Property;
18
19 WHEREAS, City staff has determined that it is in the best interest of the
20 City, its citizens and its visitors that Back Bay continue to use the Property
21 consistent with the City's mission to preserve the historic nature of the Property;
22 and
23
24 WHEREAS, the Property would be utilized for purposes which
25 complement the general level of culture of the City of Virginia Beach, including
26 wildfowl exhibits and related special events, meetings and receptions, operation
27 of a gift shop, and exhibiting furnishings and other items which are intended to
28 preserve the historic nature of the Property.
29
30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
31 CITY OF VIRGINIA BEACH, VIRGINIA:
32
33 That the City Manager is hereby authorized to execute a lease for the term
34 of five years, between Back Bay Wildfowl Guild and the City for the property
35 located at 1113 Atlantic Avenue, in Virginia Beach, in accordance with the
36 Summary of Terms attached hereto and made a part hereof, and such other
37 terms and conditions deemed necessary and sufficient by the City Manager and
38 in a form deemed satisfactory by the City Attorney.
39
40 Adopted by the Council of the City of Virginia Beach, Virginia on the ~_
41 day of Fohrii~rc~ , 2011.
_-=~=-a~~=r
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~~
City Attorney
APPROVED AS TO CONTENT
Public Wo s/ Faciliti Management
CA11682
\\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D026\P009\00003780.DOC
R-1
January 28, 2011
SUMMARY OF TERMS
Lease of City-owned Property known as the deWitt Cottage
located at 1113 Atlantic Avenue, Virginia Beach, Virginia
LESSOR: City of Virginia Beach
LESSEE: Back Bay Wildfowl Guild
PREMISES: 1113 Atlantic Avenue, Virginia Beach, Virginia
(GPIN 2427-25-5317)
TERM: 60 months: October 23, 2010 through October 22, 2015
RENT: $1.00 annually
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Use Premises for operation and activities that preserve the historic nature of
the deWitt Cottage and in a manner that complements the City's historic
culture.
• The Premises must remain open to the general public for at least 120 days
and for a total of at least 1,000 hours per year.
• Provide general housekeeping services.
• Purchase commercial general liability insurance with limits not less than
$1,000,000 combined single limit (CSL).
RIGHTS AND RESPONSIBILITIES OF CITY:
• Maintain the Premises in good condition and repair, including all buildings and
improvements, sidewalks and landscaping.
• Provide payment for all utility costs and fees as they pertain to electricity,
heating, fuel, water, sewer and solid waste collection.
• Retain the right to enter the Premises at any time for emergency repairs.
TERMINATION: City may terminate the Lease by giving sixty (60) days'
advance written notice.
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-29-
Item V-J.2.
ORDINANCES ITEM # 60639
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT.•
Ordinance to AMEND the FY 2010-11 Operating Budget,
AUTHORIZE various transfers and appropriations within the Federal
Housing Assistance Grant Fund of the Department of Housing and
Neighborhood Preservation and AMEND the current "Annual Funding
Plan for the Use of Federal Funds ".
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
John E. Uhrin, Rosemary Wilson and .lames L. Wood
Council Members Voting Nay:
None
Co~ncil Members Absent:
Mayor William D. Sessoms, Jr.
February 8, 2011
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
AN ORDINANCE TO AMEND THE FY 2010-11
OPERATING BUDGET OF THE DEPARTMENT OF
HOUSING AND NEIGHBORHOOD PRESERVATION
AND THE 2010-11 ANNUAL FUNDING PLAN FOR
THE USE OF FEDERAL FUNDS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
(1) The FY 2010-11 Operating Budget of the Department of Housing and
Neighborhood is amended by the amounts and purposes set forth below:
(a) $100,000 of additional revenue is hereby appropriated, with estimated
federal revenue increased accordingly, to the Federal Housing Assistance
Grant Fund; and
(b) $962,553 is hereby transferred within the Federal Housing Assistance
Grant Fund to maximize the provision of various housing services.
(2) That the City Manager is hereby authorized and directed, as the executive
and administrative head of the City, to submit an amended FY 2011 Annual Funding
Plan adopted by City Council on May 11, 2010 and amendments thereto, along with
understandings and assurances contained therein and such additional information as
may be required, to the Department of Housing and Urban Development to permit the
review, approval, and funding of the FY 2011 Annual Funding Plan.
Adopted by the Council of the City of Virginia Beach, Virginia on the ~h day
of ~~h~.~R~,~, 2011.
Requires an atfirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
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Management Services
APPROVED AS TO LEGAL
SUFFICIENCY:
~~'~ _.___ ..
ity Afifo e s ffice
CA11786
R-2
January 27, 2011
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-30-
Item K.
PLANNING ITEM # 60640
1. ROBERT L. NELSON and BARBARA N. GRAY MODIFICATION OF CONDITION NO S
T/A WEST LANDING MARINE
2. GMJ IIWESTMENTS, LLC/WIZARD SER VICES MODIFICATION OF PROFFERS NOS. 1
INC. AND 2(APPROVED: June 19, 1994)
CONDITIONAL USE PERMIT
3.TAILWIND DEVELOPMENT GROUP, LLC/
4. MIL I TA R Y A VIA TION M IISE UM
S.BONNEY BRIGHT
6. CITY OF VIRGINIA BEACH
CONDITIONAL CHANGE OF ZONING
ROADSIDE GUIDE SIGNS
STREET CLOSURE (Approved 2/29/2010)
EXTEND DATE TO SATISFY
CONDITIONS
AMEND Section 111 of the City Zoning
Ordinance (CZO) re bar and nightc[ub
requirements
February 8, 2011
-31-
Item K.
PLANNING ITEM # 60641
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Items 1(DEFERRED INDEFINITELY), 2a.b, 3, S and 6 of the PLANNING BY
CONSENT AGENDA:
voting: 10-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 8, 2011
-32-
Item K.1.
PLANNING ITEM # 60642
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council DEFERRED
INDEFINITELY, BY CONSENT, an Ordinance upon application of ROBERT L. NELSON and
BARBARA N. GRAY T/fl WEST LANDING MARINE, for Modification of Condition No. 5, to allow
launching of personal watercraft at 2748 West Landing Road (GPI1V 1492620072).
DISTRICT 7- PRINCESS ANNE DISTRICT.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 8, 2011
-33-
Item K.2.
PLANNING ITEM # 60643
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council APPROVED
REVISED PROFFERS and CONDITIONED, BY CONSENT, the Applications of GMJ
INVESTMENTS, LLC/WIZARD SERVICES, INC. at 300 and 301 Centre Point Drive (DISTRICT 2-
KEMPSVILLE) ;
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of GMJ INVESTMENTS, LLC/WIZARD
SERVICES, INC., re Conditional Use Permit, to allow colleges and
universities- private, 300 (portion) and 301 Centre Point Drive (GPIN
1476490424; 1476494884).
KEMPSVILLE DISTRICT. R021137457
The following conditions shall be required:
1. The proposed addition and parking shall be developed substantially as depicted on the submitted
"Exhibit if Proposed Improvements ", dated October 27, 2010, and prepared by Vanasse Hangen
Brustlin, Inc. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in
the Planning Department.
2. The proposed addition and parking shall be developed substantially as depicted on the submitted
elevation entitled `Bryant & Stratton College ", prepared by Tymoff + Moss Architects. Said
elevation has been exhibited to the virginia Beach City Council and is on file in the Planning
Department.
3. Sidewalks connecting the parking areas and to the building entrances shall be provided.
4. There shall be no storage containers on the site
A N D,
Modified Pro~'fers Nos. 1 and 2 to allow private colleges and universities
(approved by City Council on June 19, 1994)
An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court.
These Ordinances shall be effective in accordance with Section 107 (fl of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth day of February,
Two Thousand Eleven
February 8, 2011
-34-
Item K.2.
PLANNING ITEM # 60693 (Continued)
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill " DeSteph, Harry E.
Diezel> Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 8, 2011
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-7856
TO: Mark D. Stiles
FROM: B. Kay Wilson~
DATE: January 26, 2011
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; GMJ Investments, LLG
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on February 8, 2011. I have reviewed the subject proffer agreement, dated
October 29, 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~
Prepared by and return to:
Troutman Sanders LLP
222 Central Park Avenue, Suite 2000
Virginia Beach, Virginia 23462
MODIFICATION OF
COVENANTS, RESTRICTIONS AND CONDITIONS PROFFERED PURSUANT
TO SECTION 107(h) OF THE ZONING ORDINANCE OF THE CODE OF THE
CITY OF VA BEACH, VIRGINIA
THIS MODIFICATION OF COVENANTS, RESTRICTIONS AND
CONDITIONS PROFFERED PURSUANT TO SECTION 107(h) OF THE ZONING
ORDI ANCE OF THE CODE OF THE CITY OF VA BEACH, VIRGINIA, made
thi~;~~ay of Q~p ~QX , 2010, between GMJ INVESTMENTS, LLC, a
New Jersey limited liability company ("GMJ"); WIZARD SERVICES, INC., a Delaware
corporation ("Wizard") (together referred to as "Grantors") and the CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee").
WITNESSETH:
WHEREAS, GMJ is the owner of the real properly described on E~ibit A attached
hereto (the "GMJ Parcel"), which property is currently zoned Conditional B-3, and is subject
to certain recorded covenants, restrictions, and conditions; and
WHEREAS, Wizard is the owner of the real property described on E~ibit B
attached hereto (the "Wizard Parcel"), which property is currently zoned Conditional B-3,
and is subject to certain recorded covenants, restrictions, and conditions; and
WHEREAS, GMJ intends to purchase the Wizard parcel and incorporate it into the
GMJ Parcel as part of the expansion of the existing improvements located on the GMJ Parcel
(the GMJ Parcel and Wizard Parcel are together referred to as the "Property"); and
WHEREAS, in April of 1991, the City of Virginia Beach conditionally re-zoned the
Property subject to certain proffered covenants, restrictions, and conditions set forth in the
"Covenants, Restrictions and Conditions Proffered Pursuant to Section 107(h) of the Zoning
Ordinance of the Code of the City of VA Beach, Virginia", dated April 25, 1991, and
recorded in the Clerk's O~ce of the Circuit Court of the City of Virginia Beach, Virginia
(the "Clerk's Office") in Deed Book 2982 at page 675 (the "Original Proffers"), which
Original Proffers were modified by the City of Virginia Beach on June 14, 1994 to permit
business and vocational schools on the southem portion of the Property; and
GPIN: 1476-49-0424-0000; 1476-49-4884-0000 (portion)
WHEREAS, Grantor desires to develop the Property in a manner that differs from the
tenns specified in the Original Proffers; and
WHEREAS, Grantor desires to amend and modify several of the covenants,
restrictions, and conditions set forth in the Original Proffers to the extent that they apply to the
Properry; and
WI~REAS, the conditions set forth in the Original Proffers may only be amended or
varied by written instrument recorded in the Clerk's Office and executed by the record owner of
the Properly, provided that said instnzment is consented to by the Grantee by ordinance or
resolution adopted by the governing body of the Grantee, after a public hearing properly
advertised pursuant to Section 15.2-2204 of the Code of Virginia, 1950 (as amended), which
said ordinance or resolution shall be recorded along with the amendment as conclusive evidence
of such consent.
NOW, THEREFORE, the Grantors for themselves, their successors, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or extraction
from the Grantee or its goveming body and without any element of compulsion or uc~id ~ro uo
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 the terms of
this declaration shall constitute covenants running with the said Property, which shall be binding
upon the Property and upon all parties and persons claiming under or through the Grantors, their
heirs, personal representatives, assigns, grantees and other successors in interest or title, namely:
L To the extent that it applies to the Property, Proffer Nurnber 1, contained in the
Original Proffers, is hereby amended to include "Colleges and universities; public or private" as a
permitted use on the Property.
2. To the extent that it applies to the Property, Proffer Number 2, contained in the
Original Proffers, is hereby amended to include "Colleges and universities, public or private" as a
permitted use on Parcel E, Parcel D, and/or within one hundred [ 100] feet of a Residential or
Apartment Dishict (as those parcels are depicted on the "Concept Plan" referenced in tt~e
Original Proffers).
3. Notwithstanding restrictions contained in Proffer Number 5 or any other
applicable development approvals, Grantors are hereby authorized to develop the GMJ Parcel
and realign the boundaries of the Wizard Parcel and the GMJ Parcel in substanrial conformance
with the conceptual site plan entitled "E~ibit of Proposed Improvements", prepared by Vanasse
Page 2
Hangen Brustlin, Inc., and dated October 27, 2010 (the "Concept Plan"), which Concept Plan
has been exhibited to the City Council and is on file with the City Planning Department.
4. All other covenants, restrictions and conditions proffered as part of the Original
Proffers shall remain unchanged and are incorporated herein by reference.
All references herein to zoning districts and to regulations applicable thereto refer to the
City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
modification of proffered covenants, restrictions and conditions is approved by the Grantee.
The covenants, restrictions and conditions set forth above, having been proffered by the
Grantors and allowed and accepted by the Grantee, shall continue in full force and effect until a
subsequent amendment changes the zoning on the Property covered by such conditions;
provided, however, that such conditions shall continue despite a subsequent amendment if the
subsequent amendment is part of the comprehensive implementation of a new or substantially
revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended
or varied by written instri.unent recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of
recordation of such instrument; provided further that said instrument is consented to by the
Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the
governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to
the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution
shall be recorded along with said instrument as conclusive evidence of such consent.
The Grantors covenant and agree 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,
including (i) the ordering in writing of the remedying of any noncompliance with such condirions,
and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including
mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or
proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of
any of the required building or occupancy perrnits as may be appropriate; (3) if ag~-ieved by any
decision of the Zoning Administrator made pursuant to the provisions of the City Code, the
Zoning Ordinance or this Agreement, the Grantor shall petition to the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the Subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Planning
Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee.
Page 3
GMJ INVESTMENTS, LLC, a New Jersey
limited liarilifc~ nmm~~nv
B~
Ti
STATE/COMMONWEALTH OF ~ ~,~ 71~u"S~~ca--
CITY/COUNTY OF ~k~ ~,~~~(„ , to-wit:
The foregoing inst~ument was swom to and acknowledged before me this ~ day of
2010, by ~ c.c ~~ ~~~ Ls • L~. u; y ~~~' , on behalf of GMJ Investments,
LLC. He/she is either~ personally known to me or has produced
l~ri'v.e. v~ L~`~s-E_ as identification.
V~tness my hand and official stamp or seal this ~ day ofC~J ~" v; 20010.
~~R.~ ~7~~~.~1~~~
Notary Public (SEAL)
My Commission Expires: ° ELAlN~ VO!!i'Si~i~4~
NOTARY PUBLIC
Registration Number: STATE OF NEW JERSEY
MY COMMISSION EXPIRES MARCH 17, 2013
I.D.# 2371220
Page 4
WIZARD SERVICES, INC., a Delaware
corporation:
By:
Title ~~ rr~ ~ y- ~ ' ~~
STATE/COMMONWEALTH OF !~ i f~~ /~f ~
CITY/~ OF ~~ - ~~'t , to-wit:
The foregoing instxument was sworn to and acknowledged before me this ~~ day of
~~'~~~~, 2010, by ~1~.(C: ~~G~iSGR , on behalf of Wizard Services,
Inc. He/she is either personally known to me or has produced
as identification.
Witness my hand and official stamp or seal this ~~~ ~day of ~~ ~`~~~~Z0010.
~ ~ ~ ~~~-
M. D~` Notary Public (SEAL)
My Commission Expires: ID #7099114
n EXP.04/30/11 =
3
~~
~,~'~E/ A LTH QF~
Page 5
Exhibit A
ALL that certain lot, piece or parcel of land, with the buildings and improvements thereon
and appurtenances thereunto belonging, sit~iate, lying and being in the City of Virginia
Beach, Virginia, containing 5.9005 acres of land and designated as "PARCEL A-3-A", on
that certain plat entitled "Re-Subdivision of PART OF PARCEL `A-3', SUBDIVISION OF
PROPERTY OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AS
DESCRIBED IN D.B. 3268, PG. 2002 (M.B. 234, PG. 70 & 71) AND PART OF
PROPERTY OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AS
DESCRIBED IN D.B. 3268, PG. 2002, KEMPSVILLE BOROUGH-VIRGINIA BEACH,
VIRGINIA" dated August 15, 1994, prepared by Lee S. Rood, P.C., Land Surveyors,
Norfolk, Virginia, and recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 238, Page 45 & 46, to which reference is hereby
made for a more particular description.
IT BEING the same property conveyed to GMJ Investments, LLC, a New Jersey limited
liability company by deed from Centre Pointe Financial Associates, LLC, a Delaware limited
liability company, dated Apri120, 2006 and recorded April 25, 2006 in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia as Instrument No.
20060425000626260.
Page 6
Exhibit B
Beginning at a point being a westerly property corner of the Wizard Services, Inc. property,
said point also being 334.81 feet in an easterly direction from the terminus of Centre Pointe
Drive, a 60 foot public right of way, thence, with the property lines of the Wizard Services,
Inc. property, the following courses and distances: 558-40-O1E 72.40 feet to a point. 539-
00-47E 157.89 feet to a point. N50-59-13E 37.48 feet to a point. S62-04-OSE 20.03 feet to
a point. 539-00-47E 122.46 feet to a point being a northerly property corner of the now or
formerly William M. and Dorothy J. Fitchett property. Thence S51-O1-59W 260.84 feet,
with the westerly property line of the now or formerly William M. and Dorothy J. Fitchett
property, and continuing with the westerly property lines of the now or formerly Howard
and Phyllis B. Shular property and the terminus of Hoylake Drive, a 50 foot public right of
way, to a point being on the northerly property line of the now or formerly James R. and
Jane D. Gerling property. Thence N44-21-16W 160.65 feet, with the northerly property
line of the now or formerly James R. and Jane D. Gerling property, to a point being a
northerly property corner of the GMJ Investments, LLC property. Thence, NOS-59-13E
291.78 feet to the point of beginning and containing 67,464 square feet or 1.5488 acres of
land.
IT BEING a portion the same property conveyed to Wizard Services, Inc., a Delaware
corporation by deed from Avis Budget Car Rental, LLC, a Delaware limited liabilit_y
company, dated September 6, 2007 and recorded October l, 2007 in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia as Instrument No.
20071001001332030.
407977v1 Page 7
-35-
Item K.3.
PLANNING ITEM # 60644
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon Application of TAILWIND DEVELOPMENT GROUP, LLC/CITY OF VIRGINIA
BEACH for a Conditional Chan~?e of Zoning from PD-HI Planned Unit Development to O-2 Offce at
Independence Boulevard and Princess Anne Road (GPIN #1485169065)
(DISTRICT 3 - ROSE HALL)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF ~IRGINIA BEACH, VIRGINIA
Ordinance upon Application of TAILWIND DEVELOPMENT
GROUP, LLC/CITY OF VIRGINIA BEACH for a Conditional Chan~e
o Zonin from PD-Hl Planned Unit Development to O-2 O~ce at
Independence Boulevard and Princess Anne Road) GPIN
#1485169065)
(DISTRICT 3 - ROSE HALL) Z0211249
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 Ordinances shall be effective in accordance with Section 107 (~ of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth day of February, Two
Thousand Eleven
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 8, 2011
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-7828
TO: Mark D. Stiles
FROM: B. Ka Wils~
Y
DATE: January 26, 2011
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Tailwind Development Group, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on February 8, 2011. I have reviewed the subject proffer agreement, dated
December 28, 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/
TAILWIND DEVELOPMENT GROLTP, LLC, a Virginia limited liability company
and
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 28`h day of December, 2010, by and among
TAILWIND DEVELOPMENT GROUP, LLC, a Virginia limited liability company and
THE CITY OF VIRGIlVIA BEACH, a municipal corporation of the Commonwealth of
Virginia (collectively referred to herein as "Grantor"); and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia (referred to herein as
"Grantee").
WITNESSETH:
WHEREAS, the City of Virginia Beach is the holder of legal title to, and Tailwind
Development Group, LLC is the contract purchaser of, a certain parcel of property located iri
the Rose Hall District of the City of Virginia Beach, containing approximately 3.977 acres in
total, and more particularly described in Exhibit "A" attached hereto and incorporated hereirt
by this reference. Said Parcel shall be hereinafter referred to as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map oF
the City of Virginia Beach, Virginia, by petition of the Grantor addressed to the Grantee, so a;~
to change the Zoning Classification of the Property from PDH1 Planned Unit
Development District to Conditional O-2 Office District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development o:k
land for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit di$ering uses on and in the area of thE~
_1_
Property and at the sarne time to recognize the effects of change, and the need for various rypes
of uses, certain reasonable conditions governing the use of the Property for the protection o:t
the community that are not generally applicable to land similarly zoned are needed to cope
with the situation to which the Grantor's rezoning application gives rise; and
GPIN:1485-16-9065
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior
to the public hearing before the Grantee, as a part of the proposed amendment to the Zonin~;
Map, in addition to the regulations provided for the O-2 Zoning District by the existing overall
Zoning Ordinance, the following reasonable canditions related to the physical development,
operation, and use of the Property to be adopted as a part of said amendment to the Zonin~
Map relative and applicable to the Property, which has a reasonable relation to the rezonin~;
and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without any~
requirement by or exaction from the Grantee or its governing .body and without any element
of compulsion or quid pro ~uo for zoning, rezoning, site plan, building permit, or subdivisior.i
approval, hereby makes the following declaration of conditions and restrictions which shall
restrict and govern the physical development, operation, and use of the Property and herebyr
covenants and agrees that this declaration shall constitute covenants running with the:
Property, which shall be binding upon the Property and upon all parties and persons claiming
uncier or through the Grantor, its successors, personal representatives, assigns, grantee, ancl
other successors in interest or title and which will not be required of the Grantor until thes
Property is developed:
1. The Grantor agrees to develop the Property substantially in conformity wit~i
the Land Use Plan entitled "Conceptual Site Layout Plan of Princess Anne Pavilion Medical
Office Building, Princess Anne Rd. and Independence Blvd., Virginia Beach, VA "(the "Plan")
-?-
prepared by MSA, P.C., dated December 20, 2010, which Plan has been exhibited to the Cit~T
Council and is on file in the Department of Planning.
2. In conjunction with the development of the Property, the Grantor agrees to
construct a bus stop on Princess Anne Road as depicted on the Plan in accordance wit~~
specifications provided by the Grantee.
3. The external building materials and the architectural design elements of thE~
- building shall be those depicted and described on the elevations entitled, "Princess Anne~
Pavilion-Side Elevation, Front Elevation, Sign Elevation, and Landscape Buffer, Virginia Beach,,
Virginia", prepared by H&A, Architects & Engineers, dated November 20, 2010, which has
been e~ibited to the Virginia Beach City Council and is on file with tl~e Virginia Beach
~- Department of Planning (hereinafter referred to as the "Elevation")
4. The predominant e~terior building materials shall be brick, EIFS (exterior-
insulation finish system) and glass as specified, depicted and described on the building
elevations submitted to the Virginia Beach Department of Planning in conjunction with the
Plan. The colors used may vary from those on the exhibits but all will be earth tones.
5. The office building to be constructed on the Property will be a ma~mum of
fifty feet in height and wil~ additionally include a roof-mounted mechanical screen to be
approximately ten feet in height as depicted on the Elevation and in accordance with.
specifications provided by the Grantee
6. All outdoor lighting on the Property will be directed downward and inwarcl
toward the interior of the Property. Grantors shall provide a photometric plan for~
review/approval by the Virginia Beach Police Department or appropriate City staff. Al~
lighting on the site will be consistent with the standards published by the Illumination
Engineering Society of North America.
7. Vehicular ingress and egress shall be limited to two entrances, with one (1}
entrance with ingress and egress from Independence Boulevard and one (1) entrance with
ingress only from Princess Anne Road. There shall be no vehicular egress onto Princess Anne
Road.
-3-
_ 8. A landscaped monument style sign externally illuminated from ground level
shall be constructed on the Property adjacent to the intersection of Independence Boulevarcl
and Princess Anne Road as depicted and described on the signage plan (the "Signage Plan")
submitted to the Virginia Beach Department of Planning in conjunction with the Plan, which
Signage Plan has been exhibited to the Virginia Beach City Council and is on file with thf~
Virginia Beach Departrnent of Planning.
9. -_ The office building depicted on the Plan shall be constructed to meet or exceed
the minimum standards (first of five levels) for certification under the LEED new constructior~
_ . rating system.
10. The parking surface on the Property will be constructed of materials that wil.l
enable the office building project to meet or exceed the minimum standards for certification
__ under the LEED new construction rating system.
11. The dumpster serving the office building will be located in the vicinity of the
area designated as "Loading" on the Plan and will in no event be located in close pro~mity to
the reax property line that is contiguous to the residential parcels.
12. No communications towers may be erected on the Property.
13. Further conditions may be required by the Grantee during detailed Site Plan
- review and administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
-_- - - - 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 forcf~
and effect until a subsec}uent amendment changes the zoning of the Property and specificall~-
repeals such conditions. Such conditions shall continue despite a subsequent amendment to the:
Zoning Ordinance even if the subsequent amendme•nt is part of a comprehensive
implementation of a new or substantially revised Zoning Ordinance until sgecifically repealed.
-~ The conditions, however, may be repealed, amended, or varied by written instrument recordeci
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
_4-
that said instrument is consented to by the Grantee in writing as evidenced by a certified cop~~
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, ~.s amended. Said ordinance or resolution shall be recordeci
along with said instrument as conclusive evidence of such consent, and if not so recorded, saicl
_ . 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, includin~;
the authority (a) to order, in writing, that any noncompliance with such conditions bes
remedied; and (b) to bring legal action or 5uit 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 tc~
these provisions, the Grantor shall petition the governing body for the review thereof prior ta
instituting proceedings in court; a~d
(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 Zonin€;
Administrator and -in _ the Planning Department, and they shall be. recorded in the Clerk':~
Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names
of the Grantor and the Grantee. .
[SIGNATURE PAGES FOLLOW]
_5-
WITNESS the following signature and seal:
~ GRANTOR:
TAILWIND DEVELOPMENT GROUP, LLC,
A Virginia limited liability company
c~
~y:
Print ame: ~~,~'~~'~-- C• ~~~
- _ _ . _ Title: ~,~~C~~z ~~-
-~-
STATE OF VIRGINIA
CITY OF VIRGIIVIA BEACH, to-wit:
The foregoin~ instrument was acknowledged before me this~~~ay of December,
2010, by ~~:~;~1~~~ l,~U~`'~1~1~'1 ~ ~1~1 , Member of Tailwind Development
Group, LLC, a Virginia limited liabili company, on behalf of the Company.
DANIELLE CARTWRIGFfT
Notary Public - Re9. # 1192247
• Commonwealth of~Yn 31~2012
MyC~-~
My Commission Expires: ~ ~ `~ ( ~ ~~~
_6_
CITY OF VI IA BEACH
By: (SEAL)
City Manager
Authorized Designee of City Manager
(SEAL)
ATTEST:
~.~ti ~~~ ~i~~-
Ruth Hodges ~-~nit3~~,27J~
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this ~ da~~
¢~~ c.,~/~ ~ , 2010, by~(~0, C~~ir~~ , CI ~R'/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
otary Public
My Commission E~ires: ~ ~ ~~
No+o-y n+b~~
CarononwaoMh of ~rginio
STATE OF VIRGINIA~ '~ ~~ ~N~~ n.~. 3i, zoio
CIT`Y OF VIRGINIA BEACH~ to-wit: rt~o-stroNon At 324l16
The foregoing instrument was acknowledged before me this ~~~- da3~
of ~Q~~-
, 2010, by RUTH HODGES ~-~, C' . Clerk for the CITY OF~
VIRGINIA BEACH. ;t
N Public
My Commission Expires:
~tou- ~.qp~ .
Nobry h~6t'K
~ of Ywpierio
MI'Coxra'srion 6pia Ou. 3I, i010
~N-a~on 1t 3T1416
-~-
EXHIBIT "A"
Legal Description
All that certain tract, piece or parcel of land, together with any improvements thereon and all
appu~tenances thereunto belonging, lying, situate and being in the City of Virginia Beach,
Virginia, Virginia and being designated and described as PARCEL E-3 AREA = 4.250 ACRES
on that certain plat entitled "Green Run P.U.D. SUBDIVISION SECTION E-3, PART `i
KENIPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", signed by W. Page Cockrell,
Land Surveyor, on November 29, 1982, prepared by Talbot & Associates, Ltd., Engineers-
Architects-Planners-Surveyors, Virginia beach, Virginia, duly recorded in the Clerk's Office of
the Circuit Court of the City of Virginia beach, Virginia, in Map Book 163, at page 17,
reference to which plat is hereby made for a more particular description of said property.
-g-
-36-
Item K.4.
PLANNING ITEM # 60645
Gerald Yagen, 1477 Trading Point Lane, Phone: 490-3157, Founder and Operator - Military Aviation
Museum, a private collection of historic aircraft located in the southern portion of Virginia Beach
(Pungo).
Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council ADOPTED:
RESOLUTION to allow 7 ROADSIDE GUIDE SIGNS AND 2
WARNING SIGNS, and AUTHORIZE the MILITARY AVIATION
MUSEUM to erect seven (7) Roadside Guide Signs along Oceana
Boulevard, General Booth Boulevard (DISTRICT 6- BEACH) and
Princess Anne Road, (DISTRICT 7- PRINCESS ANNE)
Voting: 9-1
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 8, 2011
1 AS REQUESTED BY APPLICANT
2
3 A RESOLUTION AUTHORIZING ROADSIDE
4 GUIDE SIGNS FOR THE MILITARY
5 AVIATION MUSEUM, 1341 PRINCESS ANNE
6 ROAD (PRINCESS ANNE DISTRICT)
7
8 WHEREAS, the Military Aviation Museum, (hereinafter the "Applicant), located at
9 1341 Princess Anne Road (Princess Anne District), is an establishment operated
10 exclusively for cultural and artistic purposes on a not-for-profit basis; and
11
12 WHEREAS, the Applicant has requested that it be allowed to erect five (7)
13 roadside guide signs in the public rights-of-way along General Booth Boulevard,
14 Oceana Boulevard and Princess Anne Road in order to provide directions to the Military
15 Aviation Museum for the benefit of motorists unfamiliar with its location; and
16
17 WHEREAS, the City Council finds that three (3) roadside guide signs are not
18 sufficient to provide motorists with adequate guidance to the Military Aviation Museum
19 and that seven (7) signs as conditioned below will provide adequate guidance;
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23
24 That the placement of roadside guide signs by the Applicant is hereby
25 authorized, upon the following conditions:
26
27 Seven roadside guide signs are approved as follows, and upon the following
28 conditions:
29
30 1. The general location of these signs is shown on the map labeled, "Military
31 Aviation Museum." Said map, attached hereto, has been exhibited to City
32 Council and is on file in the Planning Department;"
33
34 2. The roadside guide signs must meet all requirements of Section 211.1 and
35 the design must be approved by Traffic Engineering. The submitted sign
36 elevation submitted by the applicant with this application is not acceptable
37 and must be revised;
38
39 3. Sign and sign post materials shall meet specifications in the Public Works
40 Standards for use in the public right-of-way;
41
42 4. Prior to installation of any roadside guide sign, the applicant shall meet with
43 the Traffic Engineer or his designee to determine exact locations and avoid
44 conflicts with any existing signs. The signs must be made and installed by the
45 applicant in compliance with all conditions;
46
1
47
48
49
50
51
52
53
54
55
56
57
58
59
60
5. Prior to erecting any sign, the applicant shall provide the Zoning Administrator
with a copy of a liability insurance policy naming the City as co-insured on the
policy for the signs;
APPROVED AS TO CONTENT:
6. The signs shall be installed with a maximum height of 9.5' above ground level
and shall have a minimum clearance of seven feet;
7. The applicant shall maintain the signs in good condition at all times. Any sign
not in good condition shall be subject to removal and disposal by the
Department of Public Works; and
8. The Department of Public Works may relocate any sign if necessary to
accommodate public signage requirements.
Adopted by the Council of the City of Virginia Beach, Virginia, on the ~t~ day
of February , 2010.
APPROVED AS TO LEGAL SUFFICIENCY:
; ~~ , ~
~ . f
.._. .. .~ ~ ~ .~ ; ;
~-~' ~ ~ ~ -
Planning epartment City Attorney's Office
CA11788
R-2
January 27, 2011
2
-37-
tem K. S.
PLANNING ITEM # 60646
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT:
Ordinance to EXTEND the date to May 8, 2011, for BONNEY G.
BRIGHT to satisfy Conditions 2, 3 and 4(approved by City Council on
February 9, 2010) for the closure of a portion of Pocahontas Club Road
(DISTWCT 7 - PRINCESS ANNE)
Voting.• 10-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay.•
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 8, 2011
1 AN ORDINANCE EXTENDING THE DATE FOR
2 SATISFYING CONDITIONS IN THE MATTER OF
3 THE APPLICATION OF BONNEY G. BRIGHT, FOR
4 THE CLOSURE OF THE UNIMPROVED
5 SOUTHERNMOST PORTION OF POCAHONTAS
6 CLUB ROAD
7
8
9 WHEREAS, on February 9, 2010, the Council of the City of Virginia Beach
10 acted upon the application of Bonney G. Bright (the "Applicant"), for the closure of the
11 unimproved southernmost portion of Pocahontas Club Road, as shown on Exhibit "A";
12 and
13
14 WHEREAS, on February 9, 2010 the Council adopted an Ordinance to
15 close the aforesaid road, subject to certain conditions being met on or before February
16 8, 2011; and
17
18 WHEREAS, on January 10, 2011, the applicant requested an extension of
19 time to satisfy the conditions attached to the aforesaid street closure.
20
21 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
22 Virginia Beach, Virginia:
23
24 That the date for meeting conditions of closure as stated in the Ordinance
25 adopted on February 9, 2010, upon application of Bonney G. Bright, is extended to May
26 8, 2011.
27
28 Adopted by the Council of the City of Virginia Beach, Virginia, on this
29 ~~l+~lay of Februar~ , 2011.
30
CA-11681
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R-1
January 10, 2011
APPRO~/`,~D A T CONTENT: APPROVED AS TO LEGAL
s ~ SUFFICIENCY:
~~ ~ ~ _~' ~
; '~ ~~~itYV ' ~~~~
Planning D partment City Attorney
GPIN: 2317-80-1537, 2316-89-6801, 2317-80-8675 and 2317-80-9169
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DENOTES POR710N OF POCAHONTAS CLUB ROAD,
AS SHOWN ON CIN OF VIRGINIA BEACH COMPOSITE
MAPS. TO 6E CLOSED. (71.659.5 S~. iT./1.650 AC.)
NOW OR FORMERLY ~
JOHN F. MALBON dc
MOODY E. STALLINGS, JR. ~
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NOW OR FORMERLY
MOODY E. STALLINGS, JR., A. N7LLIAM REID,
JOHN F. MALBON, k TMOTHY B. ROBERTSON
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NO VISIBLE EVIDENCE OF
ROAD WITHIN CROSS-HATCHED
AREA LOCATION OF R/W HAS
BEEN SCALED FROM CIN OF
VIRGINIA BEACH COMPSITE MAPS
-38-
Item K-6.
PLANNING ITEM # 60647
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT:
Ordinance of CITY OF VIRGINIA BEACH to AMEND Section 111 of
the City Zoning Ordinance (CZO) re bar and nightclub requirements
Voting.• 10-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 8, 2011
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AN ORDINANCE TO AMEND SECTION 111 OF THE
CITY ZONING ORDINANCE, PERTAINING TO THE
DEFINITION OF "BAR OR NIGHTCLUB"
Section Amended: City Zoning Ordinance Section 111
WHEREAS, the public necessity, convenience, general welfare and good zoning
practice so require;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 111 of the City Zoning Ordinance is hereby amended and
reordained to read as follows:
Sec.111. Definitions.
For the purpose of this ordinance, words used in the present tense shall include
the future; words used in the singular number include the plural and the plural the
singular; the use of any gender shall be applicable to all genders; the word "shall" is
mandatory; the word "may" is permissive; the word "land" includes only the area
described as being above mean sea level; and the word "person" includes an individual,
a partnership, association, or corporation.
In addition, the following terms shall be defined as herein indicated:
Bar or nightclub. An establishment, including a private club as defined by this
ordinance, that serves alcoholic beverages or where alcoholic beverages are
consumed, at any time between midnight and 6:00 a.m., except establishments in which
the service of alcoholic beverages is incident to a wedding, banquet or similar function
not open to the general public, and in which both of the following conditions are met:
(1) The combined area of the dance floor and any other standing space
exceeds fifteen (15) percent of the public floor area of the establishment;
and
(2) Amplified music, other than prerecorded background music intended
solely as an accompaniment to dining, is provided between midnight and
6:00 a.m.
43 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 8t" day
44 of February, 2011.
2
Item #7
City of Virginia Beach
An Ordinance to Amend Section 111 of the City Zoning
Ordinance pertaining to Bars and Nightclub Requirements
January 12, 2011
APPROVED
An Ordinance to amend Section 111 of the City Zoning Ordinance pertaining to the definition of "bar or nightclub".
RECOMMENDATION
This amendment clarifies the intent of the ordinance regulating bars and nightclubs and is recommended for
approval. It tightens the current definition that might allow an establishment's customers to continue to consume
alcohol after midnight where the alcoholic beverage was actually served prior to midnight.
AYE 11 NAY 0 ABS 0 ABSENT 0
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
THORNTON AYE
By a vote of 11-0, the Board approved item 7.
Karen Lasley presented this item to the Board.
-39-
Item L.1.
APPOINTMENTS ITEM # 69648
BY CONSENSUS, Ciry Council RESCHEDULED the following APPOINTMENTS:
BOARD OF ZONING APPEALS
COMMUNITYMEDICAL ADVISORY COMMISSION
ENERGYADVISORY COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
RESORT AD i~ISORY COMMISSION
TIDEWATER YOUTH SER vICES COMMISSION
February 8, 2011
-40-
RECOGNITION OF BOY SCOUTS ITEM # 69649
Vice Mayor Louis R. Jones RECOGNIZED the following Cub Scouts and their leaders:
CUB SCOUT PACK 179
Sponsored by St. Johns Academy
(Wolf Den 3)
Gavin i~entura
Aiden McGarry
Caleb Sullivan
Thomas Brodowski
Jack Rizzo
Patrick Madigan
Anthony Whitaker
Ethan Giarrana
(Webelo Den 1)
Jack McGarry
(Tiger Den 4)
Nick Rizzo
(Den Leader)
Christine Sullivan
Vice Mayor Jones presented each Scout with a City Seal Pin.
February 8, 2011
-41-
Items O.
ADJOURNMENT ITEM # 69650
Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 6:35 P.M.
-------------- --- l,. _1~__,~, ~~,, ------------------
Beverly O. Hooks, CMC Louis R. Jones
Chief Deputy Ciry Clerk Vice Mayor
rl ~~-y~`-~~
uth Hodges Fraser, MMC William D. Sessoms, Jr.
City Clerk Mayor
Ciry of virginia Beach
Virginia
The Public Dialogue re Non-agenda items ADJOURNED at 6:40 P.M.
February 8, 2011
-41-
Items O.
ADJOURNMENT
ITEM # 69650
Vice Mayor Louis R. Jones DECLARED the Ciry Council Meeting ADJOURNED at 6:35 P.M.
~,~G.~[,~~`__C!___/___! __a~5~
Beverly O. Hooks, CMC
Chief Deputy City Clerk
Ruth Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
~
Louis R. Jones
Vice Mayor
~
.y ~_..._
William D. Sessoms, Jr.
Mayor
The Public Dialogue re Non-agenda items ADJOURNED at 6:40 P.M.
February 8, 2011
-42-
PUBLIC DIALOGUE
WHITEHURST BUFFINGTONHOUSE FOUNDATION
Barbara Vaughan, 2621 North Landing Road, Phone: 427-1833, represented the Whitehurst Bu~ngton
House Foundation. Ms Vaughan referenced the BEACON'S article, Sunday, February 6, 2011, which
advised the majority of the Ciry Council, favored the commercial use of the property. The Editor of the
BEACON spoke re the possibility of a Museum. During the briefrng last September there was
misrepresentation of the proposal, which the representatives were not given the opportunity to correct.
Members of City Council were told their proposal was a Community Center Museum with City funds.
This was never their proposal. The intent was to raise funds for the necessary repairs ojthe house and
to operate the house in the same manner as the DeWitt Cottage (which was APPROVED during the
City Council Session - February 8, 2011). The Whitehurst Buffington House is now a Foundation.
Support and membership has grown and the representatives are associated with a major existing
Foundation. Fund raising has been extended and partnerships have been formed with other significant
non profits that will only enhance their position. The representatives believe a very viable plan can be
presented for the restoration and operation of the Whitehurst Bu~ngton House which will be an asset to
the communiry and to the City of Virginia Beach without placing any financial burden on the Ciry. The
ITA study recommended a cultural use which this Foundation Plan provides.
February 8, 2011