APRIL 26, 2011 MINUTESCITY COUNCIL
MAYOR WILLIAM D. SESSOMS, JR., At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
RITA SWEET BELLITTO, At -Large
GLENN R. DA VIS, Rose Hall - District 3
WILLIAM R. DeSTEPH, At -Large
HARRY E. DIF.ZEL, Kemprville - District 2
ROBERT M DYER, Centerville - District I
BARBARA M. HENLEY, Princess Anne — District 7
JOHN E. UHRIN, Beach - District 6
ROSEMARY WILSON, AI -Large
.JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER - JAMES K. SPORE
CITY AITORNEY- MARK D. STILES
CITY ASSESSOR-.JERALD D. BANAGAN
CITY AUDITOR - LYNDON S. REMIAS
CITY CLERK - RUTH HODGES FRASER, MMC
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
26 APRIL 2011
I. CITY COUNCIL'S BRIEFING -Conference Room -
A. VIRGINIA BEACH TRANSIT EXTENSION STUDY
Philip Shucet, President and CEO — Hampton Roads Transit
II. CITY MANAGER'S BRIEFING
A. INTERIM FINANCIAL STATEMENT
Patricia Phillips, Director - Finance
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
1:30 PM
V. FY 2011-2012 MANAGEMENT RESOURCE PLAN - Conference Room - 3:00 PM
A. COMPENSATION
Regina Hilliard, Director — Human Resources
B. QUALITY ORGANIZATION
I . Overview
Catheryn Whitesell, Director — Management Services
2. Communications and Informational Technology
Gwen Cowart, Director
3. Finance
Patricia Phillips, Director
4. Human Resources
Regina Hilliard, Director
5. City Attorney
Mark Stiles
6. City Auditor
Lyndon Remias
7. Municipal Council and City Clerk
Ruth Hodges Fraser
8. City Assessor
Jerry Banagan
9. General Registrar
Pat Harrington
10. Management Services
Catheryn Whitesell, Director
11. City Manager
James Spore
12. Non Departmental
Catheryn Whitesell, Director — Management Services
VI. INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
5:30PM I
VII. FORMAL SESSION - City Council Chamber -
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION
Reverend Steve Kelly
Pastor
WAVE Church
6:00 PM
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 HEARINGS
1.
FY 2010-2011 RESOURCE MANAGEMENT PLAN
FY 2010-2011 Operating Budget $1,738,745,393
FY 2010-2011 Capital Budget $ 310,183,256
2.
LEASE OF CITY -OWNED PROPERTY
301 and 303 Garcia Drive
3.
FRANCHISE LEASES OF CITY -OWNED PROPERTY
204 Grill Pizza — 204 22nd Street
The Yacht Club Cafd — 2607 Atlantic Avenue
North Beach Cafd — 39`h Street and Oceanfront
Lighthouse Cafd — 1201 Atlantic Avenue
181h Street Cafd — 1801 Atlantic Avenue
Giovanni's Cafd — 2006 Atlantic Avenue
Cancun Fiesta — 1516 Atlantic Avenue
Dough Boys Cafd — 3224 Atlantic Avenue
Sharx Cafd — 211 21" Street
4.
SALE OF EXCESS PROPERTY
1537, 1541 and 1545 Indiana Avenue
240 and 246 Roselynn Lane
205 North Oceana Boulevard
April 12, 2011
I
J
5. SALE OF RESTRICTIVE EASEMENT
Formerly Evelyn Reynolds property, Landstown Road
CONSENT AGENDA
ORDINANCES/RESOLUTIONS
1. Ordinances to AMEND the City Code:
a. § 5-534 re allowing dogs or horses to urinate or defecate on public or private property
b. §§ 6-120.1 and 6-120.2 re the operation of personal watercraft and the regulation of
personal watercraft rentals
C. § 18-32 re permit required for Pawnbrokers, Junk Dealers or Second Hand Dealers
2. Ordinances to DECLARE certain portions of City property EXCESS and AUTHORIZE
the City Manager to negotiate the disposal thereof and EXECUTE the necessary documents:
a. 1537, 1541 and 1545 Indiana Avenue re Franciscus Homes, Inc.
b. 240 and 246 Roselynn Lane re Franciscus Homes, Inc.
c. 205 North Oceana Blvd. re Ocean Bay Homes, Inc.
d. Restrictive easement in the Interfacility Traffic Area (ITA) to convey same to the United
States of America, Department of the Navy
3. Ordinance to AUTHORIZE the City Manager to execute two (2) Leases, each for five (5)
years or less, with Virginia Beach Community Development Corporation (VBCDC) at 301
and 303 Garcia Drive
4. Ordinance to GRANT nine (9) Franchise Agreements for Open Air Cafes in the Resort Area
a.
204 Grill Pizza
20422 nd Street
b.
The Yacht Club Cafe
2607 Atlantic Avenue
c.
North Beach Cafd
39th Street and Oceanfront
d.
Lighthouse Caf6
1201 Atlantic Avenue
e.
18th Street Caf6
1801 Atlantic Avenue
f.
Giovanni's Caf6
2006 Atlantic Avenue
g.
Cancun Fiesta
1516 Atlantic Avenue
h.
Dough Boys Caf6
3224 Atlantic Avenue
i.
Sharx Cafd
21121" Street
5. Resolution to AUTHORIZE an application for an allocation of up to $10,000,000 through
the Virginia Department of Transportation (VDOT) Revenue Sharing Program re Nimmo
Parkway -Phase V-A; and AUTHORIZE the City Manager to EXECUTE all necessary
agreements for project development and construction
6. Resolution to AUTHORIZE an Emergency Medical Services (EMS) permit for providing
private ambulance services to Eagle Medical Transports, LLC
7. Resolution to SUPPORT the Regional multi -use South Hampton Roads Trail consisting of
forty-one (41) miles of connective links in the Cities of Chesapeake, Portsmouth, Norfolk,
Suffolk and Virginia Beach
8. Ordinance to AUTHROIZE temporary encroachments into a portion of City -owned property
re a variable width canal, known as Treasure Cove/Canal, for Gregory P. and Beth A.
Strangeways to maintain an existing bulkhead and wharf and construct and maintain two (2)
wharfs and boatlifts at 2317 Spindrift Road
9. Resolution to APPOINT Debra M. Bryan as Associate City Attorney effective
May 2, 2011
10. Ordinance to APPROPRIATE $1,500 in donations and $6,400 in revenue to the
FY 2010-11 Operating Budget of the Office of the City Clerk and donate these funds to the
Sister Cities Association of Virginia Beach, Inc.
K. PLANNING
1. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet
the requirements of the City Zoning Ordinance (CZO) for HERBERT S. MCCOY to
subdivide the site into two (2) single family lots at 213 West Lane.
DISTRICT 6 — BEACH
RECOMMENDATION APPROVAL
2. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet
the requirements of the City Zoning Ordinance (CZO) for TRAVIS and ANN FOX re an
undeveloped lot at Riddick Lane and Indian River Road.
DISTRICT 6 - PRINCESS ANNE
RECOMMENDATION APPROVAL
3. Application of BAYBERRY RENTALS, LLC, for a Nonconforming Use to enlarge the
existing duplex at 2301 Bayberry Street.
DISTRICT 5 — LYNNHAVEN
DEFERRED APRIL 12, 2011
RECOMMENDATION APPROVAL
4. Application of CRAB POT SEAFOOD T/A WICKERS CRAB POT/RAY D. JR. and
MICHELLE R. WICKER fora Conditional Use Permit re a home occupation (operation
of two (2) crab boats, for profit) at 3537 Byrn Brae Drive on the Elizabeth River.
DISTRICT 2 —KEMPSVILLE
DEFERRED APRIL 12, 2011
RECOMMENDATION APPROVAL
L.
5. Application of S.S.K. HOSPITALITY, LLC for a Conditional Use Permit re a commercial
parking lot at 395 Norfolk Avenue.
DISTRICT 6 — BEACH
RECOMMENDATION
DENIAL
6. Application of JIM CAPLAN/HIC, LLC/MACH ONE, LLC/HIF, LLC for a Conditional
Use Permit to allow an addition to an existing building for indoor recreation at 3877
Holland Road.
DISTRICT 3 - ROSE HALL
RECOMMENDATION
''41.�ll
7. Application of MADISON LANDING, LLC for a Modification of Conditional Change of
Zoning (approved by City Council April 8, 2008) to allow development of fourteen (14)
multi -family dwelling units in a mix of townhome and flat style dwellings at 827 Muth Lane.
DISTRICT 4 - BAYSIDE
RECOMMENDATION APPROVAL
8. Ordinance to AMEND the City Zoning Ordinance (CZO):
a. Sections 401, 901, 1511 and 1512 re recreational facilities other than those of an
outdoor nature
RECOMMENDATION APPROVAL
b. Sections 203 and 236 re off-street parking requirements.
DEFERRED FEBRUARY 22, 2011
RECOMMENDATION APPROVAL
9. Ordinance to AMEND the Comprehensive Plan by adopting the Bikeways and Trails Plan,
dated February 15, 2011, and revising the Policy Document.
RECOMMENDATION
APPROVAL
10. Ordinance to AMEND the City's Landscaping Guide to include Amendments re bicycle
parking and permeable paving system
DEFERRED FEBRUARY 22, 2011
RECOMMENDATION
APPOINTMENTS
AUDIT COMMITTEE
ENERGY ADVISORY COMMITTEE
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
TOWING ADVISORY BOARD
WORKFORCE HOUSING ADVISOR
APPROVAL
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
FY 2011-2012 RESOURCE MANAGEMENT PLAN
"BUDGET"
April 26 Public Hearing (Council Chamber)
May 3 Reconciliation Workshop (Conference Room 234)
May 10 Adoption
NATIONAL NIGHT OUT
OCTOBER 4, 2011
Agenda 04/26/2011 gw
www.vb ov.com
-I -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 26, 2011
Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL BRIEFING re the VIRGINIA
BEACH TRANSIT EXTENSION STUDY in the City Council Conference Room, Tuesday, April 26,
2011, at 1:30 P.M.
Council Members Present:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph,
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson
and James L. Wood
Council Members Absent:
Harry E. Diezel [Entered: 3: 00 P.M.]
April 26, 2011
-2 -
CITY COUNCILS BRIEFING
VIRGINIA BEACH TRANSIT EXTENSION STUDY
ITEM # 60817
1:30 P.M.
The City Manager introduced Philip Shucet, President and CEO — Hampton Roads Transit (HRT). Mr.
Shucet referenced correspondence with the Federal Transit Administration. During a meeting the first
week in April, guidance was requested and the contract was halted. The Contractor is assisting with the
study for a period of time. Questions need to be answered.
April 26, 2011
-3 -
CITY COUNCILS BRIEFING
VIRGINIA BEACH TRANSIT EXTENSION STUDY
ITEM # 60817 (Continued)
Mr. Shucet advised Hampton Roads Transit is keeping its commitment to complete the study within the
original budget of $6.6-MILLIONfor the Alternative Analysis/Supplemental Draft Environmental
Impact Statement
• Collect ridership through 2"d quarter — 3rd quarter 2012
• Restart AAISDEIS (Alternative Analysis/Supplemental Draft Environmental Impact
Statement) 3rd quarter 2012
• Public hearings 2nd — 3rd quarter 2013
• City Council consider Locally Preferred Alternative (LPA) adoption 4'h quarter 2013
• New Starts application in the first quarter of 2014
Segments Under Study
• Newtown to Independence: 3.18 miles
• Newtown to Lynnhaven: 6.93 miles
• Newtown to Oceanfront: 12.08 miles
April 26, 2011
Preliminary Capital Cost
In Millions
The Tide Cost
Year of
Year of
Newtown to
Newtown to
Newtown to
Newtown to
Expenditure
Oceanfront
Oceanfront
Lynnhaven
Town Center
(2018)
(5 bridges)'
(no bridges)"
(3 bridges)"
(2 bridges)'"
Light Rail
$807
$757
$451
$254
not yet
not yet
BRT
$450
$392
prepared
prepared
'Note: Cost includes $40 -Million for NSRR ROW
*`Note: Cost includes pro -rated cost for NSRR ROW on
per mile basis
Cost per mile Comparison
In Millions
The Tide Cost
Year of
Newtown to
Newtown to
to Complete
Expenditure
Oceanfront
Oceanfront
escalated to
(2018)
(5 bridges)"
(no bridges)"
2018
Light Rail
$66.8
$62.7
$64.7
BRT
$37.3
$32.5
N/A
'Note: Cost includes $40 -Million for NSRR ROW
M2
CITY CO UNCIL `S BRIEFING
VIRGINIA BEACH TRANSIT EXTENSION STUDY
ITEM # 60817 (Continued)
There is much work remaining in the Norfolk Southern right-of-way.
The ridership will be daily. Approximately $3 -Million has been expended to -date. The ridership
expected on The Tide's opening day is approximately 2,900. A 20 year projection estimates
approximately, 7,200. The expected fare price is $1.50 (same as the bus). The operation and
maintenance subsidy will be approximately 90%.
April 26, 2011
-6 -
CITY MANA GER
6-CITYMANAGER `S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 60818
2:00 P.M.
Patricia Phillips, Director of Finance, referenced the Interim Financial Statements for the City and
School Board for the nine months ended March 31, 2011. As of March 31, 2011, total General Fund
revenues of $547.7 -Million are $0.4 -Million more than in FY 2010, and $49.5 -Million less than in FY
2009. Current revenues are 56.2% of the budget, compared to 54.4% in FY 2010 and 54.7% in FY
2009, and are, therefore, tracking consistently with historic trends. Mrs. Phillips recognized the City's
Comptroller, Don Barnett, whose office prepares these statements and Aaron McCoy, Accountant III,
Project Manager, for the Interim Financials each month.
Overview
9 Months
• FYI 1 General Fund Revenues
• FYI 1 General Fund Expenditures
• Limited Projections
• Next Steps
FY 2011 General Fund Revenues and Expenditures
Compared to Budget Thru March 31, 2011
(in millions)
Annual YTD
Budeet Actual Variance
Revenues
Local
(83.0% of budget)
$ 808.4
$ 465.2
$ (343.2)
State
(14.7% of budget)
143.0
66.8
(76.2)
Federal
( 2.3% of budget)
22.6
15.7
(6.9)
Total Revenues
$ 974.0
$ 547.7
$ (426.3)
Expenditures/Encumbra nees
Departmental
Transfers
Reserve for Contingencies
Total Expenditures/Encumbrances
Less Amounts Funded from Fund Balance
Outstanding Encumbrance at 6/30/10
Approved Carryover Requests
City Capital Projects
School Capital Projects
Norfolk Southern right of way
School Reversion
Risk Management
Adjusted Expenditures/Encumbra nees
$ 522.6 $ 387.0 $ 135.6
513.4 380.2 133.2
1.4 1.4
$ 1,037.4 $ 767.2 $ 270.2
$ 7.9
0.6
28.1
4.7
5.0
14.3
2.8
$ 974.0
April 26, 2011
-7-
CITYMANAGER `S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 60818 (Continued)
Real Estate taxes continue to be on a favorable trend at $240.0 Million, or 53.0% of the Budget.
Personal Property taxes are annual taxes which are not due until June 6, 2011. Collections to -date for
Personal Property of $20.7 -Million represent prior year delinquents, current year supplement billings,
as well as public service payments. Preliminary estimates indicate that Personal Property Taxes will
exceed Budget.
$900
c
0
$800
w
e
e
u $700
a
$600
$500
5400
100%
80%
20%
0%
Total General Fund Revenues
March 31, 2009 - 2011
FY 2009 FY 2010 FY 2011
Actual Thru Mar 31 ❑Annual Budget
FY 2011 Year -To -Date General Fund Revenues
Compared to Historic Trend
March 31, 2011
100.0%
YTD ACTUAL = $547.7M I z
ANNUAL BUDGET = $974.OM1
/7..6%
50.2% �r++('_'� 58.3
46.3% ` „�✓" 54.4%
43.0% 48.9
AV 45.0
42.1
26.7
14.1%
9.7%
1.5% 3.8% 12.7%
8.3
4.1
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
-*-Rev Trend -M-% of FYI Rev Budget
April 26, 2011
M
CITY MANAGER `S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 60818 (Continued)
FY 2011— General Fund Revenues
Ahead of Budget
• Total Revenue follows the Trendline
• Several items are on a 2 - 3 month lag
• Many key revenues are projected to meet or exceed budget:
• Real Estate — $500K - 1M over
• Personal Property — $2 - 3M over
• Business License — meet budget
• General Sales Tax — $1 - 1.5M over
• Hotel Room Tax — $250 - 750K over
• Restaurant Meal Tax — $1 - 2M over
• Business license tax (BPOL) was due in March
• Real Estate installment due June 6th
• Personal Property tax due June 61n
GASB 54 Impact
New for FY 2011
• GASB 54 requires revenues tied to a fund to be budgeted in
the fund as a revenue, not as a transfer.
• Result: FYI interfund transfers and revenues are smaller
General Fund budget is also smaller GASB 54
(in millions) FY09 FY10 FYI
Total General Fund Budgeted Revenues $ 1,069.6 $ 1,043.7 $ 974.0
Less: Amounts excluded due to GASB 54 (23.5) (34.7) N/A
Adjusted General Fund Budgeted Revenues $ 1,046.1 $ 1,009.0 $ 974.0
Annual Amounts excluded from GF Revenue due to GASB 54:
NortGFHotel Room Tax $ 17.6
Non- GF Restaurant Meal Tax 17.5
Amusement Tax 5.7
Cigarette Tax 1.0
Total Budgeted Revenue Reported in Special Revenue Funds 1 41.8
April 26, 2011
660
660
c
0
f
640
a,
c
0
ar
D:
620
60
FY 2007
-9 -
CITY MANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 60818 (Continued)
Personal Property Taxes
March 31, 2007 - 2011
April 26, 2011
General Sales Taxes
March 31, 2007 - 2011
100%
3.2%Up from FY10 FAVORABLE TREND
660
:54:0 $64.1
BUDGET
$51.4 $60.3
50.6
60%
87.4%
68.1%
69.5%
g7 gad
B8.5%
645
`0
$3$.3
336.8
336.8
60%
c
.2
335.2
f
e
m
$30
9
40%
C
�
616
20%
$0
0%
FY 2007 FY 2006 FY 2009 FY 2010
FY 2011
=Actual Collections a YTO ti—% 01 Total
April 26, 2011
10.0%
5.0%
0.0%
Z.0%
-10.0%
-.-Monthly % Change from PY
* Collections lag sales by 2 months
_10 -
CITY MANA GER
10-CITYMANAGER `S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 60818 (Continued)
General Sales Taxes Collections
Monthly %Change from FY10 to FY11
10.4%
April 26, 2011
I
-11-
CITY MANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM #
April 26, 2011
Telecommunications Taxes
Hotel Room Taxes
March 31, 2007 - 2011
$30
General Fund Portion Only
100%
3.2% Down from FY10 UNFAVORABLE TREND
925
$24.5
March 31, 2007 - 2011
BUDGET
80%
$21.7
$20.8, $21.6
150%
$20
7.5% Up from FYI 0:1
6z.8°fe
w
$5.4 $6.2 $6.2
BUDGET
°
56.1�
sox
.2
55.1
S5
w
Z
$15
..,.
ry.p
r 125%
D
m
512.6
$i3.1
'512.8
�3
s�z.4
0
d
54.1
ao% S
c
$4
x
$10
100%
w
c
0
2
;
.n
y
o
20%
$5
75%
—
U
m
m
>
$0
0%
FY 2007 FY 2008 FY 2009 FY 2010
FY 2011
®Actual Collections 111111111M t% of Total
April 26, 2011
Hotel Room Taxes
General Fund Portion Only
March 31, 2007 - 2011
$5
150%
7.5% Up from FYI 0:1
FAVORABLE TREND
$5.4 $6.2 $6.2
BUDGET
55.1
S5
r 125%
54.3
�3
54',5
54.1
54.2
c
$4
100%
w
c
0
2
;
.n
y
o
$3
-
75%
—
U
m
m
>
F
`o
$2
_
50%
It
$1
':
-
- 25%
$0
i
f
0%
FY 2007
FY 2008 FY 2009 FY 2010
FY 2011
tActual Collections YTD t% of Total
April 26, 2011
-12 -
CITY MANAGER'S BRIEFING
INTERIM FINANCL4L STATEMENT
ITEM # 60818 (Continued)
Hotel Room Taxes 8% Allocation
(in millions)
Total Hotel Room Tax FY11 Budget = $22.7M
■GF 2%
* CBD TIF
■ TGIF 2.5%
® TAP 1%/$1
■ MP 2.5%
*SB$1
= 8% plus $1 room nights
is an additional 2 % % tax
April 26, 2011
Total Hotel Room Taxes
March 31, 2007 - 2011
......... ... ...._.._... ......_ .._ ...... '-- ......
7.1%Up from FY10 -FAVORABLE TREND
150%
.
$22.8
$23.6' 623.0 $2Z8
2
BUDGET
,
125
$eo
5190
f18.7
Sl9.B
518.0
618.3
100%
c
0
e
f $is
M
75%
O
2
C0
C
O
�
$to
r
°
$5
25%
$0
P
4
0%
FY 2007 FY 2008 FY 2009 FY 2010
FY 2011
®Actual Collections tti•YTO -.s—% Of Total
Hotel Room Taxes 8% Allocation
(in millions)
Total Hotel Room Tax FY11 Budget = $22.7M
■GF 2%
* CBD TIF
■ TGIF 2.5%
® TAP 1%/$1
■ MP 2.5%
*SB$1
= 8% plus $1 room nights
is an additional 2 % % tax
April 26, 2011
-13 -
CITY MANAGER'S BRIEFING
INTERIM FINANCL4L STATEMENT
ITEM # 60818 (Continued)
Summary of City's General Fund Revenues
March 31, 2011
(in millions)
* Real Estate Taxes
Personal Property Taxes
PPTRA
General Sales Tax
Utility Taxes
Telecommunications Taxes
Business Licenses
* Restaurant Taxes
* Hotel Taxes
Charges for Services
Other Local Revenues
* State Revenues
* Federal Revenues
* GF
$ 452.5
$ 240.0
Restaurant Meal Taxes
F
63.1
20.7
General Fund Portion Only
F
53.4
6.5
March 31, 2007 - 2011
A
835
___ .........
__ . __...,.. ,.___.-.--._... ....,. ,v...w ............
..___._._ __..... 100%
25.2
4.2%Up from FY10 �
FAVORABLE TREND
BUDGET
22.0
12.4
E28.8 T $30.8 $30.8 $30.9
$30.7
40.8
$ao11
94.5
F
30.7
24.0
78.2
F
5.1
4.5
87.5
F
74.8.6
Tb.O%
75.2°h
74 6
58.9
78.29fi
80%
$25
89.7
60.3
67.2
U
22.6
15.7
j24.0
U
$ 974.0
$ 547.7
56.2 %
jZ3.0
323.1
323.0
c
$22.2
c
60% 15
620
N
O
U_
40% o
$10
20%
$5
So
0%
FY 2007
FY 2008 FY 2005 FY 2010
FY 2011
tO=Actual Collections t YTD t% of Total
Summary of City's General Fund Revenues
March 31, 2011
(in millions)
* Real Estate Taxes
Personal Property Taxes
PPTRA
General Sales Tax
Utility Taxes
Telecommunications Taxes
Business Licenses
* Restaurant Taxes
* Hotel Taxes
Charges for Services
Other Local Revenues
* State Revenues
* Federal Revenues
* GF
$ 452.5
$ 240.0
53.0 %
F
63.1
20.7
32.8
F
53.4
6.5
12.2
A
50.6
35.2
69.5
F
25.2
17.2
68.0
A
22.0
12.4
56.1
U
40.8
38.5
94.5
F
30.7
24.0
78.2
F
5.1
4.5
87.5
F
59.4
37.1
62.4
F
58.9
35.6
60.4
F
89.7
60.3
67.2
U
22.6
15.7
69.6
U
$ 974.0
$ 547.7
56.2 %
F
F = Favorable
U = Unfavorable
April 26, 2011
-14 -
CITY MANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 60818 (Continued)
General Fund Revenues
General Fund FY 2011 Expenditures
* Total at March 31, 2011:
• $767.2M, or 74.0%, of $1.037B Budget
* Summary of Actual Expenditures Under Budget at June 30:
* Totals Exclude Encumbrances
April 26, 2011
-15-
CITYMANAGER `S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 60818 (Continued)
General Fund Expenditures
Next Steps
• Continue to Monitor Revenues in FY 2011
Real Estate — June
Personal Property — April
• Next Briefing on May 17, 2011, for data through
April 2011.
April 26, 2011
-16 -
CITY COUNCIL COMMENTS
2:20 P.M.
ITEM # 60819
Councilman Dyer advised that with the Governor's Challenge, the government is going to be confronted
by an uncertain future. The City is facing a dilemma with a difficult budget. All Department Directors
are being requested to "amputate with a rusty saw". The City is "down to the bone". On the other
hand, the City has an economic situation as to how far the public can be squeezed for taxes and fees. The
public expects the government to demonstrate fiscal prudence and better efficiencies. We need to " focus
on the necessary and eliminate what is nice". Councilman Dyer requested a Special Task Force be
formulated, which would focus on process improvements and transformation. The City should focus on
process improvement and transformation because obviously these factors would be utilized. The idea is
to use this Task Force, not as a decision making body, but as a "resource " to provide information the
City Council could use to make these types of decisions as we go forward.
Councilman Dyer has spent the last couple of months addressing concerns and speaking with individuals
in the business community. They expressed the mood that the business process can be improved. This
City Council focuses on assisting the business community. The Federal and State Government are going
to be reducing. Therefore, the City Council has to examine reducing the size and scope of Government
but still deliver the critical services.
Councilman Dyer requested meeting with the City Attorney, Mark Stiles to develop a draft. Councilman
Dyer welcomed all comments from City Council, staff, citizens, business community and military. Strong
civic engagement would be apart of this.
April 26, 2011
-17 -
CITY COUNCIL AGENDA REVIEW
ITEM # 60820
2:27 P.M.
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
J. ORDINANCES/RESOLUTIONS
Ordinances to AMEND the City Code:
a. § 5-534 re allowing dogs or horses to urinate or defecate on public or private
property
b. §§ 6-120.1 and 6-120.2 re the operation of personal watercraft and the
regulation of personal watercraft rentals
C. §18-32 re permit required for Pawnbrokers, Junk Dealers or Second Hand
Dealers
2. Ordinances to DECLARE certain portions of City property EXCESS and
AUTHORIZE the City Manager to negotiate the disposal thereof and
EXECUTE the necessary documents:
a. 1537, 1541 and 1545 Indiana Avenue re Franciscus Homes, Inc.
b. 240 and 246 Roselynn Lane re Franciscus Homes, Inc.
C. 205 North Oceana Blvd. re Ocean Bay Homes, Inc.
d. Restrictive easement in the Interfacility Trak Area (ITA) to convey same to
the United States of America, Department of the Navy
3. Ordinance to AUTHORIZE the City Manager to execute two (2) Leases, each
for five (5) years or less, with Virginia Beach Community Development
Corporation (VBCDC) at 301 and 303 Garcia Drive
4. Ordinance to GRANT nine (9) Franchise Agreements for Open Air Cafes in
the Resort Area
a.
204 Grill Pizza
b.
The Yacht Club Cafe
C.
North Beach Cafe
d.
Lighthouse Cafe
e.
18`" Street Cafe
f.
Giovanni's Cafe
g.
Cancun Fiesta
h.
Dough Boys Cafe
i.
Sharx Cafe
20422 "d Street
2607 Atlantic Avenue
39`" Street and Oceanfront
1201 Atlantic Avenue
1801 Atlantic Avenue
2006 Atlantic Avenue
1516 Atlantic Avenue
3224 Atlantic Avenue
21121" Street
*5. Resolution to AUTHORIZE an application for an allocation of up to
$10, 000, 000 through the Virginia Department of Transportation (VDOT)
Revenue Sharing program re Nimmo Parkway -Phase V-A; and AUTHORIZE
the City Manager to EXECUTE all necessary agreements for project
development and construction
April 26, 2011
CITY COUNCIL AGENDA REVIEW
ITEM # 60820 (Continued)
6. Resolution to AUTHORIZE an Emergency Medical Services (EMS) permit
for providing private ambulance services to Eagle Medical Transports, LLC
7. Resolution to SUPPORT the Regional multi -use South Hampton Roads Trail
consisting of forty-one (41) miles of connective links in the Cities of
Chesapeake, Portsmouth, Norfolk, Suffolk and Virginia Beach
8. Ordinance to AUTHROIZE temporary encroachments into a portion of City -
owned property re a variable width canal, known as Treasure Cove/Canal, for
Gregory P. and Beth A. Strangeways to maintain an existing bulkhead and
wharf and construct and maintain two (2) wharfs and boatlifts at 2317 Spindrift
Road
9. Resolution to APPOINT Debra M. Bryan as Associate City Attorney effective
May 2, 2011
10. Ordinance to APPROPRJATE $1,500 in donations and $6,400 in revenue to
the Y 2010-I1 Operating Budget of the Office of the City Clerk and donate
these funds to the Sister Cities Association of Virginia Beach, Inc.
**5. SUBSTITUTE RESOLUTION, SHALL BE ADOPTED BY CONSENT, Resolution to
AUTHORIZE an application for an allocation of up to $10,000,000 through the Virginia
Department of Transportation (VDOT) Revenue Sharing program re Elbow Road Extended — Phase
II; and AUTHORIZE the City Manager to EXECUTE all necessary agreements for project
development and construction
In the previous version of this Agenda item, the City had identified the
project as Nimmo Parkway — Phase V-A project (CIP #2-121) as a
candidate for this funding; however, since revenue sharing funding
would have only reimbursed the City for local funds in the project and
would not have advanced the project's schedule (construction is
scheduled to begin this Summer), that project was not approved by the
State.). As an alternative, the City has identified the Elbow Road
Extended — Phase II project (CIP #2-152 for revenue sharing funding.
April 26, 2011
-19 -
CITY COUNCIL AGENDA REVIEW
ITEM # 60821
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
K. PLANNING
1. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots
meet the requirements of the City Zoning Ordinance (CZO) for HERBERT S.
MCCOY to subdivide the site into two (2) single family lots at 213 West Lane.
DISTRICT 6 — BEACH
2. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots
meet the requirements of the City Zoning Ordinance (CZO) for TRAVIS and ANN
FOX re an undeveloped lot at Riddick Lane and Indian River Road.
DISTRICT 6 - PRINCESS ANNE
3. Application of BA YBERR Y RENTALS, LLC, for a Nonconforming Use to enlarge
the existing duplex at 2301 Bayberry Street.
DISTRICT 5 — LYNNHAVEN
4. Application of CRAB POT SEAFOOD TIA WICKERS CRAB POTIRA YD. JR.
and MICHELLE R. WICKER for a Conditional Use Permit re a home occupation
(operation of two (2) crab boats, for profit) at 3537 Byrn Brae Drive on the Elizabeth
River.
DISTRICT 2—KEMPSVILLE
*5 Application of S.S.K. HOSPITALITY, LLCfor a Conditional Use Permit re a
commercial parking lot at 395 Norfolk Avenue.
DISTRICT 6 — BEACH
6. Application of JIM CAPLAN/HIC, LLCIMACH ONE, LLC/HIF, LLC for a
Conditional Use Permit to allow an addition to an existing building for indoor
recreation at 3877 Holland Road.
DISTRICT 3 - ROSE HALL
7. Application of MADISON LANDING, LLCfor a Modification of Conditional
Change of Zoning (approved by City Council April 8, 2008) to allow development of
fourteen (14) multi family dwelling units in a mix of townhome and flat style
dwellings at 827 Muth Lane.
DISTRICT 4 - BAYSIDE
8. Ordinance to AMEND the City Zoning Ordinance (CZO):
a. Sections 401, 901, 1511 and 1512 re recreational facilities other than those of an
outdoor nature
* b. Sections 203 and 236 re off-street parking requirements.
April 26, 2011
-20 -
CITY COUNCIL AGENDA REVIEW
ITEM # 60821
9. Ordinance to AMEND the Comprehensive Plan by adopting the Bikeways and Trails
Plan, dated February 15, 2011, and revising the Policy Document.
10. Ordinance to AMEND the City's Landscaping Guide to include Amendments re
bicycle parking and permeable paving system
*5 Application of S.S.K. HOSPITALITY, LLCfor a Conditional Use
Permit re a commercial parking lot at 395 Norfolk Avenue.
DISTRICT 6 — BEACH, shall be DENIED, BY CONSENT
*8. b. Ordinance to AMEND the City Zoning Ordinance (CZO):
Sections 203 and 236 re off-street parking requirements,
SUBSTITUTE ORDINANCE shall be ADOPTED, BY CONSENT.
April 26, 2011
-21 -
MA YOR `S COMMENTS
ITEM # 60822
2:47 P.M.
Mayor Sessoms applauded SherriStolle who called yesterday and advised the Community Services
Board will be reducing $121, 000 from their proposed budget in one of the Mental Health categories.
Sherri Stolle has requested this funding be taken out of his Reserve Account. If the funds are being
expended appropriately, the individuals would be kept out of the jail.
The City Manager advised in speaking to Sherriff Stolle, this is a gracious and generous offer, and the
City would reflect that. Sherriff Stolle's analysis was if five (5) of the 450 individuals are kept out of the
jail, this would be a wise utilization of funds. One caution would be this would be an ongoing operating
cost and, hopefully, he has a Reserve every year. However, it might have to be picked up by the City. The
cooperation from the Sherriff has been excellent.
April 26, 2011
-22 -
FY 2011-2012 MANAGEMENT RESOURCE PLAN
COMPENSATION
ITEM # 60823
2:48 P.M.
The City Manager introduced Regina Hilliard, Director — Human Resources, to present information re
Compensation. The Discussion Topics will entail Base Pay Increases as well as the Market Salary Survey
Proposal.
Recent Pay Increases
FY 07/08: 1.5% General increase
2% Merit Increase
FY 08/09: 2.5% General Increase (I% Public Safety)
0% Merit Increase
FY 09/10: 0% General and Merit Increase
FY 10/11: 0% General and Merit Increase
April 26, 2011
-23 -
FY 2011-2012 MANAGEMENT RESOURCE PLAN
COMPENSATION
ITEM # 60823 (Continued)
Hampton and Norfolk do not show up on the above Chart as Hampton is proposing a $500 Performance
Bonus and a base pay increase. Norfolk is not proposing a pay increase at this time. Virginia Beach
Schools is proposing a %% base pay increase and a 2 %% one-time bonus.
National Projections
Mercer: More than 98% of companies plan to award base pay increases in 2011 in response to concern
over losing top talent. Of the employers projecting to grant base pay increases, the average increase is
expected to be 2.9%.
Towers Watson: Companies are optimistic and are budgeting merit increases of 3 percent for 2011. That
compares with the 2.7 percent merit increase awarded to employees overall in 2010.
Culpepper: Salary budgets for 2011 are projected to continue rising after hitting historic lows in 2009.
Despite a weakjob market, most companies report improved confidence with their cash compensation
budgets. Pay increases of 2.86% are projected.
Compensation: Market Salary Survey
• Market Cities — Norfolk, Portsmouth, Chesapeake, Hampton, Newport News
• Comparison at Pay Range Midpoint
• Historically used 2.5% threshold
• Last Market Salary Survey implementation: July 2004
Impact: 1710 employees
April 26, 2011
-24 -
FY 2011-2012 MANAGEMENT RESOURCE PLAN
COMPENSATION
ITEM # 60823 (Continued)
Compensation: Market Salary Survey
Implementation for Proposed Budget.
O Threshold — 5% below highest pay range midpoint
O Cost: $4.5 -Million
O Employees Impacted: 1,526
Summary
The City has yet to experience the full impact of withholding pay increases and implementation of the
Market Salary Survey :
X Turnover remains at approximately 4% Citywide
X We continue to receive over 30,000 applications annually for City positions
Concerns:
x Increasing employee frustration over no pay increases (2010 Member Survey)
x Over the last 4 years in Virginia Beach: no increase or smallest increase in
Hampton Roads
x Improvements in the economy could result in more employee turnover
We must continue to show our employees that they are our most valuable resource
April 26, 2011
-25 -
FY 2011-2012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
3:03 P.M.
ITEM # 60824
Catheryn Whitesell, Director — Management Services, provided an overview of Quality Organization:
Quality Organization
FY 2010 FY 2010-11
FY 2011-12
%
Quality Organization Actual Adjusted
Proposed
Change
Budgeted Expenditures* $ 71,597,950 $ 73,783,961
$ 75,472,522
2.29%
FTEs* 462.51 428.29
430.94
0.62%
*Excludes the City Treasurer and Commissioner of the Revenue, who presented as Constitutional Officers
April 5th.
v Business Area includes:
City Attorney, City Auditor, City Clerk, City Manager, City
4.3% of
Total
Real Estate Assessor, City Treasurer*, Commissioner of the
Operating
Revenue*, Communications and Information Technology,
Budget
Finance, General Registrar, Human Resources, Management
Services, Municipal Council and Non -Departmental
Departments
Y City Council Goals:
Create a financially sustainable City providing excellent
services
Proposed Fee/Tax Increases:
Real Estate Tax from 89C to 91C per $100 of assessed value
Personal Property Tax from $3.70 to $3.90 per $100 of
assessed value
r New fees per request: Check Reissuance $15, Check Pick-up
$15, IRS 1099 Reissuance $15, and Reissuance Title for
Surplus Vehicles $50
Quality Organization
City AuditorCity Clerk
Expenditures City Attorney 0.8% 0.7% City Manager
4.7% __-, 1 r 7 3.3%
Estate Assessor
3.8%
Municipal Council
0.7% 71Registrar
nce
Management %
Services Human Resources
1.9% 5.5% 1.5%
April 26, 2011
-26 -
FY 2011-2012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
ITEM # 60824 (Continued)
_ Other Local
(Transfers)
2.6%
Fund Balance
4.7%
April 26, 2011
-27 -
FY 2011-2012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
COMMUNICATIONS and INFORMATIONAL TECHNOLOGY
3: 05 P.M.
ITEM # 60825
Gwen Cowart, Director, presented an overview of the various components re Communications and
Information Technology.
Communications and Information Technology
Systems Support
$7,616,286
$8,014,273
43.0
$8,040,953
44.0
$26,680
Telecommunications
$3,090,745
$3,438,055
18.0
$3,274,560
18.0
($163,495)
Geospatial Information
$1,476,812
$1,710,167
18.0
$1,738,091
18.0
$27,924
Services
Multimedia Services
$1,433,236
$1,427,413
18.0
$1;427,217
17.5
($196)
Business Center
$630,873
$649,753
10.0
$643,278
10.0
($6,475)
■General Fund
0 Print Shop ISF
■Capital Projects
ISF
■Telecomm ISF
05ub5crlptions ISF
O Personnel
■ Operations
■Capltal
III Reserves
The majority of the funding is derived from the General Fund. However, several Internal Service Funds
are operated. The majority, of expenditures, approximately 50%, is Personnel Costs and the second
largest category of Expenditures is Operations (essentially sustaining and maintaining the
infrastructure.
Communications and Information Technology
Program Unit
+ ®�®
Technology Project $593,664 $686,921 6.0 $0; ($686,921)
Management Office
InfoSec $381,404 $402,080 3.0 $0 ($402,080)
Support Center $995,012 $479,851 2.5 $0 - ($479,851),
Technology Services $0 $0 $1,797,219 15.0 $1,797,219
Mail Services; $202,868 $204,432 4.0 $204;169 4.0 ($263)
City/Schools Printing $2,744,610 $2,439,119 12.0 $2,051,822 6.0 ($387,297)
CIP ISF - $202,170 2.0 $202,170
Subscriptions $1,618,196 $3,076,463 $3,509,495 - $433,032
Reserves for - $940,892 $943,723; $2,831
Contingencies
Total $27,201,908 $30,371,458 182.5 $30,861,207 183.5 $489,749
April 26, 2011
-28 -
FY 2011-2012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
COMMUNICATIONS and INFORMATIONAL TECHNOLOGY
ITEM # 60825 (Continued)
Communications and Information Technology
Eliminate,Pnnttipp Services' in-house Offset Printing
4385;112 -ti3O
Add Staff Capacity to address Capital Projects
Operating Budget
$483,758 5.0
Capital Improvement Budget
$202,170 2,0
Sustain Computer Replacement Program at FY 2011 Level
$708,184 -
Three Divisions Merged into new Technology Services
-
Division
Program Reduction Criteria:
y Mitigate impact on end-users and customers
y Mitigate impact on core technology operations and maintenance
r Mitigate impact on existing infrastructure and applications
Reduce service costs through service efficiencies
Communications and Information Technology
FY12 Department Initiative Highlights
FY 2012 CIP Funding to Launch Integrated Public Safety Projects
r Police Records Management
➢ CAD (Communicator Aided Dispatch System) Replacement
i VBAlert Replacement
y ALI DataBase / NG 9-1-1 Analysis
Initiate transition to Voice Over IP (VoIP)
Geospatiai Information Services (GIS) On-line mapping enhancements
r Intranet Redesign and Enhancements
Oracle Financials/HR/Payroll Release Upgrade
y Begin Windows 7 OS Deployment and MS Office 2010 Deployment
April 26, 2011
-29 -
FY 2011-2012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
FINANCE
3:18 P.M.
ITEM # 60826
Patricia Phillips, Director — Finance, advised their Budget is approximately $16.3 -MILLION, the
majority of which is Risk Management. Many funds contribute to this, primarily General Fund
Departments.
FY 2011-12 Budget
Finance Department
!t4-632 305
0 Payroll, Purchasing, Comptroller, LVR, Admin
■Transportation Projects
® Risk Management
Finance Department
$111,100
0.7%
Local Vehicle
$852,772
0.0
$803,770
0.0
$ (49,002)
Registration
Comptroller
$1,337,765
18.0
$1,458,647
19.0
1 $120,882
Payroll
$688,007
9.0
$644,065
9.0
$ (43,942)
Purchasing
$1,069,566
13.0
$1,067,281
13.0
$ (2,285)
General Fund Total
$4,671,658
47.0
$4,632,305
47.0
$ (39,353)
Risk Management Fund
$11,593,333
7.0
' $11,52$,2313
7.0
. $ (65,103)
Capital Projects
$0
0.0
$111,100
2.0
$111,100
Transportation
Grand Total
$16,264,991
54.0
$16,271,635
56.0
$6,644,
April 26, 2011
-30 -
FY 2011-2012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
FINANCE
ITEM # 60826 (Continued)
Finance Department Trends
r New Types of Bond Issues with greater complexity
Recovery Zone (RZ)
➢ Build America Bonds (BAB)
w Qualified School Construction Bonds (QSCB)
Y Management of SPSA billing and contractual issues
w Virginia Retirement System modernization requires additional payroll
effort, technology changes, testing and training
ARRA and Grants requirements are more complex, greater volume, and
require higher levels of approvals and authorizations for
reimbursements
Faster rates of accounting changes, GASB and GFOA requirements,
higher public expectations for transparency, reporting and
accountability
Minority Business Program and VDOT Transportation Projects with Civil
Rights Component
Finance Department Highlights
Roadway Initiatives and Urban Construction Program Civil Rights Compliance —
two additional FTEs
y Minority Business program requirements continue to increase - more policy
review, data collection, vendor monitoring and outreach efforts using
Purchasing staff
Risk Management cash transfer will fund current liability at 36% from 26% - 70-
100% is recommended for AAA rated municipalities
r Focus on establishing policies and procedures to provide internal controls
r Vendor file maintenance is needed to prevent duplicates and errors; to meet
IRS requirements including foreign vendor expenditure reporting; to meet 3%
withholdings; and to avoid increased IRS penalties
Testing design, plan and execution for upgrades for various software including
CAFR software, Risk Management Software, InSITE, and other technology
initiatives. Unfunded technology efforts result in more manual processes,
longer processing time, less data and decreased capacity in other areas
April 26, 2011
-31-
FY 2011-2012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
HUMAN RESO URCES
3:32 P.M.
ITEM # 60827
Regina Hilliard, Director - Human Services, advised their budget is mainly Personnel at 79.9%, 20.1 % of
the Budget is in Operations. Human Resources is fully funded by the General Fund. A small amount of
revenue is generated from advertising in the BEAM, which makes the BEAM self supporting with a
generation of approximately $20, 000.
Human Resources
Occupational Safety
$247,267
3.0 $247,267 _
3.0 0
Occupational Health
$865,730
8.0 $829,928
8.0 $-35,802'
Total
$4,203,724
47.0 $4,152,528
47.0 $-51,196
?n 1 W_
®Personnel ■ Operations
150
140
130
120
110
100
General Fund
100/
$ 4,152, 528
Human Resources
City Positions per each Human Resource Position
2005 2006 2007 2008 2009 2010 2011 2012
(adj) (proj)
Fiscal Years
Note:
The department lost 6.13 positions in FY 2011 resulting in a ratio of 145 City
employees per Human Resource staff.
April 26, 2011
-32 -
FY 2011-2012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
HUMAN RESOURCES
ITEM # 60827 (Continued)
Human Resources
Non -Departmental
Un unded Non -Departmental Programs Amount Needed FY 12 Proposed
Tuition Assistance $ 436,968 $0
Class Act Awards $ 15,354 $0
Human Resources
FY 2011-12 Trends & Highlights
Efficiency Enhancements
r Driver Alert Program
Y Consolidation of Workforce Planning & Development and
EEO/Diversity & Inclusion Plans
y Review of Testing & Promotional Processes
r= Increased Focus and Resources on Federally Mandated
Programs and Services
New Employee Development Tools
Performance Management
➢ 3600 Assessment
Mid -Management Development Program
Coaching for Commitment Course
April 26, 2011
-33 -
FY 2011-2012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
CITYATTORNEY
3:43 P.M.
ITEM # 60828
Mark Stiles, City Attorney provides legal advice and assistance to the City and all departments. Not a
single Ordinance or Resolution comes before the City Council that his office does not review. Not a single
public project is accomplished without the involvement of the City Attorney's office. Their Budget is
approximately $3.5 -Million. 96% of the Budget is Personnel. 4.1% is Operational Expenses.
City Attorney
Total 3,542,705 39.96 3,512,286 39,61 -30,4
4.1%
p Personnel ■ Operations
City Attorney
Y Proposed budget eliminates one vacant part-time paralegal
position but retains funds from position to supplement
recruiting and retention opportunities for existing positions.
Additional reductions to operations budget.
No reduction in services.
r 2.5 attorneys and one support staff paid by and assigned to
Schools pursuant to Cooperative Agreement ($350,625).
Widening gap illustrated by market salary survey poses
challenges for attorney retention and recruitment.
April 26, 2011
-34 -
FY 2011-2012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
CITYATTORNEY
ITEM # 60828 (Continued)
City Attorney
96%
FY08 FY09 FY10
Percentage of In -House Legal Services
FY 08 FY09 FY10
r7lln-House Cost Per Hour
®Average Outside Counsel Cost Per Hour
ad"Effective Cost Per Hour for all Legal Services
City Attorney
FY 2011-12 Trends & Highlights
r Ongoing legal work in support of BRAC Program.
Legal support and structure for economic development initiatives
including development of the Dome site and construction of a convention
center hotel.
Y Implementation of Strategic Growth Area plans, including Oceanfront
form -based zoning ordinance.
Significant increase in real estate activity in connection with planned and
ongoing road projects.
Decennial redistricting and DOJ Voting Rights Act preclearance
submission.
Legal support for implementation of Neighborhood Dredging Program.
Transfer of Cape Henry Beach litigation to in-house attorneys.
y FOIA compliance — increasing service demands.
April 26, 2011
-35 -
FY 2011-2012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
CITY AUDITOR
3:55 P.M.
ITEM # 60829
Chris Ford, Deputy City Auditor, provided information re the FY 2011-2012 MANAGEMENT
RESOURCE PLAN in the absence of Lyndon Remias, Auditor, who is on family vacation.
Office of the City Auditor
Office of the City $574,469 6.0 $571,714 6.0 ($2,755)
Auditor
Total $574,469 6.0 $571,714 6.0 ($2,755)
Funding for independent Financial Services is not included in Office of the City Auditor's Budget. It is funded
through a non -d11 epartmental budget unit
Operations
4.2%
■Personnel ❑Operations
Office of the City Auditor
Continue to promote accountability and integrity in City operations by
providing quality audit services.
Continue management and oversight of the City's Fraud, Waste and Abuse
Prevention and Reporting Program, including the Fraud Hotline, available to
citizens and employees as mandated by the State.
t= Continue administration and oversight of the mandated external audit of the
City's Annual Financial Report (CAFR) and Single Audit Requirements for
Federal funding.
r Any reduction on funding would have severe impact on our ability to serve
City Council, the Audit Committee, City leadership and Citizens.
April 26, 2011
-36 -
FY 2011-2012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
CITY AUDITOR
ITEM # 60829 (Continued)
Office of the City Auditor
FY 2011-12 Trends & Highlights
y FY2010 - Completed 11 attestation engagements and performance
audits resulting in improved financial and management controls,
processes, contract performance, system efficiency and quality of
services.
Y Generated approximately $1,015,779 in actual savings.
r Public is demanding that there is accountability and oversight over the
use of taxpayer funds. We fill that role.
Investigated 39 allegations of theft, misuse of City resources, waste and
abuse.
v Worked with Human Resources and City Attorney's Office to take
disciplinary action resulting in four terminations, four suspensions, one
written reprimand and eight verbal or written counsel.
y Helped train over 2,159 employees in City ethics.
April 26, 2011
NITA
CITY COUNCILWORKSHOP
FY 2011-2012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
MUNICIPAL COUNCIL and CITY CLERK
ITEM # 60830
4:05 P.M.
Ruth Hodges Fraser, MMC — City Clerk, advised the Proposed Operating Budget of Municipal Council.
63.5% of the Budget for the Municipal Council is for Personnel and 36.5% for Operating.
Advocate Services
$ 65,000
Contractual
29,000
Professional Improvement
9,000
Office Supplies
200
Dues and Memberships
Virginia Municipal League
65,870
National League of Cities
20,000
The United States Conference of Mayors was deleted from the Budget last year.
MUNICIPAL COUNCIL
Municipal Council
Operating, $208,833 $198,156 ($10,677)
Totat $553,348 11 $5420671 11 ($10,677)
FY 2011-12 Proposed Operating Budget
Revenues Expenditures
36.5%
General
Fund 63.5%
100%
■ Personnel ■ Operating
April 26, 2011
-38 -
CITY COUNCIL WORKSHOP
FY 2011-2012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
MUNICIPAL COUNCIL and CITY CLERK
CITY CLERK
ITEM # 60830 (Continued)
City Clerk
Personnel $474,596' 6 $474,590 6 ($6)'
Operating $65,184 $64,621 ($563)
Total $539,780 6 1 $539,211 6 ($569)'
FY 2011-12 Proposed Operating Budget
nues
Age Revej
General
Fund
100.0%
Expenditures
12.0%
■ Personnel 0 Operating
The office of the City Clerk is a very small department. Mrs. Fraser advised a compilation of time
expended on FOIA requests (Freedom of Information) is approximately 12 hours a week and at times
approximately a whole week is expended on research.
88% of the City Clerk's Budget is for Personnel and 12% for Operating Expenditures
Advertising $ 23,000
Print Shop 10,000
*Professional Improvement
Memberships (IIMC) 715
*Sister Cities Association of Virginia Beach 15,000
Office Supplies 1,300
*Passports
*The City Clerk only utilizes the Professional Improvement for her staff and there are no travel miles.
Mrs. Fraser advised all her Deputies are Certified Municipal Clerks.
*The City Clerk advised there are three (3) Sister Cities and at least $200,000 is realized (through the
Sister Cities' visits) on the expense of only $15,000.
The City Clerk advised her pride in the First Impression Desk in the Lobby, and at the Courts, manned
by thirty (30) volunteers who have contributed 197,000 hours for a value of $4,925,750.
The City Clerk was the first Municipal Clerk to offer the processing of Passports. As of today, 4,741
passports have been processed. Since January, 970 have been processed. The intrinsic value of
serving our citizens is immeasurable.
April 26, 2011
-39 -
CITY COUNCIL WORKSHOP
FY 2011-2012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
CITYASSESSOR
ITEM # 60831
4:10 P.M.
Jerry Banagan, City Assessor, presented the Proposed Operating Budget of the City Real Estate
Assessor. The Full Time Employees have decreased from 38 to 34. The Real Estate Assessor's Budget
is fully funded by the General Fund. The bulk of the Operations Budget (8.3%) is printing, postage and
the operation of non City vehicles. Personnel comprises 91.7%
Real Estate Assessor
Real Estate assessor $2,795,443 34.0 $2 f3 8,5416 34.0 $430103'
FY 2011-12 Budget 8.3%
27100.0%
7r
91.7%
IN General Fund
®Personnel [3 Operations
FY 2011-12 Trends & Highlights
➢ Increased applicants for Senior/Disabled Tax Relief Program
➢ Applicants for new Disabled Veteran Exemption
➢ Increased mailings add to printing and postage costs
➢ Increased software cost to marshall Swift Valuation Service
➢ Increased cost of continuing education for appraisal staff
April 26, 2011
i
CITY COUNCIL WORKSHOP
FY 2011-2012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
GENERAL REGISTRAR
ITEM # 60832
4:15 P.M.
Pat Harrington presented the Proposed Operating Budget of the General Registrar. The majority of
expenditures are from the General Fund.
General Registrar
Personnel
$734,727
12.03 $729,747
12.03 -$4,980,
Operations
$387,038
- $377,179
- -$9,859
Total
$1,1211765
12.03 $1,106,926
12.03 -$14,839;.
FY 2011-12 Expenditures FY 2011-12 Revenue
■ Personnel ❑ Operations ❑ City General Fund ■ State
General Registrar
Possible new precincts due to redistricting
Mailina of new voter cards by 2011
- Both of the above items are mandated by the State
FY 2011-12 Trends and Highlights
➢ Electronic Pollbooks
➢ Redistricting
➢ Mailing of new voter cards without social security numbers by December 2011
April 26, 2011
-41 -
CITY COUNCIL WORKSHOP
FY2011-2012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
MANAGEMENT SERVICES
ITEM # 60833
4:25 P.M.
Catheryn Whitesell, Director — Management Services, presented the proposed Budget of Management
Services. Catheryn is excited to represent fifteen (1 S) of the hardest working, most underappreciated
employees in the City government. The Department is holding steady at fifteen (15) employees.
However, the reality is since 2008, four (4) employees have been lost, or about 21% of the total staff,
yet the Department has maintained all of their services i.e. Five-year Forecast, Developmental Impact
Analysis, and Grant Management.
Management Services
Management and $1,448,577 15.00 $1,461,870 15.00 $13.293
Budget Analysis
Total $1,448,577 15.00 $1,461,870 15.00 $13,293
9.7%
® Personnel 0 Operations
■General Fund
90% of the total budget is in the Personnel category. 9.7% is in Operations, the majority of which is
related to the budgeting software, which is kept up to date.
April 26, 2011
-42 -
CITY COUNCILWORKSHOP
FY 2011-2012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
MANAGEMENT SERVICES
ITEM # 60833 (Continued)
FY 2011-12 Trends & Highlights
➢ The City's FY 2010-11 Operating Budget and CIP received the GFOA Distinguished Budget
Presentation Award
➢ The recent transfer of Facilities Management from Management Services to Pubic Works
resulted in the loss of three FTEs
➢ The department has lost four FTEs since 2008 while retaining the workload, a decrease of 21
➢ Management Services performed two comprehensive program evaluations and initiated three
performance measurement pilot projects with the Organization and Development Office
➢ Management Services will continue to:
➢ Work with departments to improve efficiencies
➢ Monitor General Assembly legislation which impacts City and School finances
➢ Assist departments with grants and other competitively attained funds
April 26, 2011
-43 -
CITY COUNCIL WORKSHOP
FY 2011-2012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
CITY M ANA GER'S OFFICE
4:30 P.M.
ITEM # 60834
The City Manager, James K Spore, advised the proposed Budget of the City Manager's Office which is
organized into four (4) areas: The City Manager's Office consists of the Manager, three (3) Deputy City
Managers and the Administrative Support Professionals for a total of twelve (12) positions, the
Organizational Development Office (consisting of three (3) positions, the Office of Volunteer
Resources, which probably is the best in the United States with 1.50 positions and the Media and
Communications Group with four (4) positions. This equates to a total of 20.50 positions. The City
Manager's Office is totally funded by the General Fund.
City Manager's Office
City Manager's Office $1,674,533 12.00 '$1,68i,021 12.00 $6,488
Organization Development $326,388 3.00 $326,728 3.00 $340
Office
Office of Volunteer $120,817 1.50 $117,817 1.50 ($3,000)
Resources
Media & Communications $365,919 4.00 $360,559 4.00 ($5,360)
Group
Total $2,487,657. 20.50 $2,486,125. 20.50 ($1,532)
8.5%
oil.
■ General Fund ® Personnel 0 Operations
City Manager's Office
FY2011-12 Trends & Highlights
➢ 18,000 Volunteers placed at an estimated cost savings and cost avoidance of $19,028,644 or 3.4
cents on the real estate tax rate
➢ 36% reduction in City Manager's Office staff in the last five years
➢ Coordination of, and response to, citizen concerns and correspondence for Mayor, City
Council and City Manager's Office
➢ Media and Communications Group restructured and decentralized to align the City with the
shift in how citizens want to receive information
➢ Coordination of the City's legislative interest in over 3,000 items
➢ Developing and testing a new system for measuring program outcomes and results
➢ Supporting Envision Virginia Beach 2040 Committee
➢ Developing new Strategic Plan to address City Council's vision and goals
April 26, 2011
CITY COUNCILWORKSHOP
FY 2011-2012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
NON -DEPARTMENTAL
4:33 P.M.
ITEM # 60835
Catheryn Whitesell, Director — Management Services, referenced the Non -Departmental:
Non -Departmental
Communityv
379,257
$ 439,348
$ 60,053
Organization Gants `
Employee Special
$ 3,878,361
$5,040,436
$1,162,075
Benefits
Benefits Admin.
$ 662,283
$ 662,283
$ 0"
Vehicle Replacements
$ 3,111,914
$ 4,111,914
$1,000,000
Revenue
$16,411,728
$';15,741,537
($670,191)
Reimbursements (Tax
Relief)
Regional Participation
$1,933,213
$1,933,213
$0
independent Financial
$153,878
$153,878
$0
Services
Leases
$1,586,830
$1,630,484
$ 43,654
Lynnhaven Mali Tib
$1,850,000
- $1,850,000.
- $0 `
Total
$ 29,967,464
$;31,563,053
- $115951589
53
Revenues
Non -Departmental
Dedicated Taxes
4 9y Fund Balance
❑oo� TIF
April 26, 2011
-45 -
CITY COUNCILWORKSHOP
FY 2 011-2 012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
NON -DEPARTMENTAL
ITEM # 60835 (Continued)
Expenditures
IndependentFini
Services
0.5%
Regional Participation
6.1%
Non -Departmental
Lynnhaven Mall TIF
Special
fits
Benefits
ministration
2.0%
ehicle Replacements
13.0%
Non -Departmental
Regional Participation Examples Community Organization Grants (COG)
Eastern Virginia Medical School Examples of On -Going Grants
Hampton Roads Economic Development Beach Health Clinic
Alliance i Foodbank of Southeastern Virginia
Hampton Roads Planning District Endependence Center, Inc.
Commission
Y Hampton Roads Military and Federal
Facility Alliance
Non -Departmental Program Increased $1,595,589:
r COG/Regional Participation Grant Funding increased to $1 per capita
New employee special benefit cost shifted from State to City -- line of duty
payments for public safety personnel $800,000
Health insurance for retires increased by $360,000
Tax relief decreased by $670,191
J- Vehicle replacements increased by $1 million to address some of the backlog
In total, the final Non -Departmental budget increased 5.3%.
April 26, 2011
CITY COUNCIL WORKSHOP
FY2011-2012 MANAGEMENT RESOURCE PLAN
QUALITY ORGANIZATION
NON -DEPARTMENTAL
ITEM # 60835 (Continued)
FY 2011-12 Trends & Highlights
➢ Maintains City's commitment to provide the employer's share of health and dental benefits for
eligible Retirees
➢ Takes over the cost of line -of -duty payments from the State
➢ Provides real estate tax relief to qualified elderly and disabled citizens
➢ Vehicle replacements funded at $4.1 million; $1 million additional than last year but $1 million
less than normal funding levels
➢ Community Organization Grants funding is being restored to $1 per capita
➢ Regional Participation funding held to FY 2011 levels
The City Manager advised the Lynnhaven Mall TIF will be totally retired January 2013.
April 26, 2011
-47 -
ITEM # 60836
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 of real property for public purpose, 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 2.2-371 ] (A)(3).
Acquisition/Disposition of City Property:
Beach District
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed
into CLOSED SESSION at 4:44 P.M.
April 26, 2011
-48 -
ITEM # 60836 (Continued)
Voting: 11-0
Council Members Voting Aye.-
Rita
ye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph,
Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor
Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood.
Council Members Voting Nay.-
None
ay:
None
Council Members Absent:
None
(Break: (4: 46 P.M. - 4: SS P.M.)
(Closed Session: (4:44 P.M. - S: 40 P.M.)
April 26, 2011
-49 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
April 26, 2011
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, April 26, 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, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood.
Council Members Absent:
None
INVOCATION: Reverend Clayton Ritter
Associate Pastor
WA VE 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 idents 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 apart of the record.
April 26, 2011
WIM
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a
"personal interest " in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made apart 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 ofdanuary 27, 2004, is hereby made apart of the record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential
Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the
volume of transactions it handles in any given year, Prudential has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made apart of the record.
April 26, 2011
Item — V -E.1
CERTIFICATION
-51 -
ITEM # 60838
Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council CERTIFIED THE
CLOSED SESSION TO BE INA CCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye.-
Rita
ye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None,
April 26, 2011
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 #60836, Page 47, 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 Fraser, MMC
City Clerk
April 26, 2011
Item V F.1
-52 -
ITEM # 60839
Upon motion by Councilman Dyer, seconded by Council Lady Wilson City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of April 12, 2011.
Voting: 11-0
Council Members Voting Aye.-
Rita
ye:
Rita Sweet Bellitto, William R. "Bill" DeSteph, 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:
None
April 26, 2011
Item V -G.1
-53 -
ITEM # 60840
Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council DELETED:
AND,
Resolution to AUTHORIZE an application for an allocation of
up to $10,000,000 through the Virginia Department of
Transportation (VDOT) Revenue Sharing Program re Nimmo
Parkway -Phase V-A; and AUTHORIZE the City Manager to
EXECUTE all necessary agreements for project
development and construction
ADDED, SUBSTITUTE RESOLUTION, BY CONSENT, TO
AUTHORIZE an application for an allocation of up to $10,000,000
through the Virginia Department of Transportation (VDOT) Revenue
Sharing Program re Elbow Road Extended — Phase II; and
AUTHORIZE the City Manager to EXECUTE all necessary agreements
for project development and construction
Voting: 11-0
Council Members Voting Aye.-
Rita
ye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph,
Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R.
Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
April 26, 2011
WYR
Item V -G.1.
ADOPTAGENDA
FOR FORMAL SESSION ITEM # 60841
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
April 26, 2011
-55 -
Item i- H.1.
PUBLIC HEARING ITEM # 60842
Mayor Sessoms DECLARED A PUBLIC HEARING:
FY 2011-2012 RESOURCE MANAGEMENT PLAN
FY 2011-2012 Operating Budget $1,738,745,393
FY 2011-2012 Capital Budget $ 310,183,256
a. Proposed tax levy on real estate for the fiscal year 2012 (89¢ @ $100 value)
b. Proposed tax levy on personal property and machinery and tools
($3.70 @ $100 value)
C. Establishment of a Solid Waste Management Fee ($10 a month)
d Proposed Issuance General Obligation Bonds $ 65,500,000
e. Proposed Issuance Stormwater Utility Revenue Bonds $ 16,300,000
f. Proposed increase Stormwater Management Fees on (ER U)
(rate: 2011@$0.316
2012@$0.366
2013(4,$0.416)
g. Proposed Issuance Water and Sewer Revenue Bonds $ 27,000,000
The following speakers registered to speak:
George Bryant, 2320 Dodd Drive, Phone: 434-0825, resident of Wolfsnare Plantation for forty-three
(43) years. Mr. Bryant spoke in Opposition to the increased rate of taxes and fees at a time when
living standards continue to decrease. With the proposed increase in real estate tax rate, personal
property tax rate, stormwater, surge and garbage fees, are all added together and applied to the assessed
value of his home, the increase is 10.6%.
Mike Barrett, Virginia Beach Visions, Phone: 499-7003, spoke re the need of public and private
investment to build and sustain the City's tax base which keeps the City's tax rates the lowest in the
region. The City has a fiduciary responsibility for leadership and management of this municipal
corporation. This is City Council's primary role.
Kenneth Jobe, 304 Croatan, Phone: 428-0328, President of Croatan Civic League, presented their
position on the budget: more first responders, increased storm water services and, concerning water
quality, maintaining and dredging Rudee Inlet, maintaining all of the City beaches and parks, reducing
the backlog of street and utility maintenance. Improvements should include repaving Croatan streets.
The highest quality of public education should be maintained. Mr. Jobe recommended deferral of any
action on the Convention Center host hotel. Croatan Civic League is opposed to the increase in fees and
real estate taxes, specifically the purchase of the 215 North Birdneck property in order to relocate the
existing Lighthouse Center. Croatan Civic League supports and requests the funding in the traffic
calming program.
Cristy Flanagan, 2432 Smokehouse Road, Phone: 563-2794, spoke re the Southgate water and drainage
canal. For the past three (3) years, the Canal has experienced deteriorating conditions. For several
months of the year, it is completely covered by thick plant growth. At this point, there is not adequate
water flowing through the canal. In heavy rainfalls, it quickly floods. It has been two (2) years since
Southgate first brought this to the attention of the City. There is also a rat problem.
April 26, 2011
-56 -
Item V -H.1.
PUBLIC HEARING ITEM # 60842 (Continued)
Diane Jones, 721 Woodstock Road, Phone: 420-7876, Member of Virginia Beach Community Services
Board and parent of an adult daughter with an intellectual disability as well as co-occurring mental
health disorders. There has not been citizen opposition to City Council maintaining funding for programs
and services for individuals with intellectual disabilities, substance abuse and mental health disorders.
However, during the past several years, there has been more than 15% reduction in City dollars for
Human Services; and, this year, the Department of Human Services was asked to submit a budget with a
decrease in funding of another 6.6%. Continuing to reduce City dollars for Human Services jeopardizes
the short and long term stabilization of the programs for these citizens who must depend upon the Cityfor
their services. Mrs. Jones requested some of the funding for Human Services be restored
Charles Goldman, 3730 Surry Road, Phone: 318-6611, retired Physician from the Sentara Medical
Group. Dr. Goldman has been a member of the Community Services Board for a 1-'/z years. Services, as
well as support for their families, are provided thousands of individuals i.e. serious mental illness,
down syndrome, substance abuse and autism. These individuals did not choose to have these problems
and should not be subjected to the perception of low expectations. These individuals can be treated, if the
resources and programs are available to allow them to live meaningful and productive lives.
Kay Ashby, 313 Pickerel Lane, Phone: 426-6635, President of the National Alliance on Mental Illness in
Virginia Beach and Member of the Community Services Board. Ms. Ashby wished to speak specifically
on the proposed Budget cuts of the Therapeutic and Medication Services of which 450 individuals will be
impacted.
Jimmy Frost, 2240 Wyndham Place, Phone: 343-6768, spoke re expensive projects, employee benefits
and raising taxes
Bob Kugler, 2084 Pierce Drive, Phone: 430-6228, Retired, advised this is the second year the employees
are assisting paying retirement.
Bernard Bew, 2480 Smokehouse Road, Phone: 580-8000, spoke re Stormwater drainage
Dominic Melito, 4410 Segovia Court, Phone: 729-5672, President — Virginia Beach Education
Association, requested the City Council support the School Board Budget as presented.
Karen Mallard, 1748 Lapstone Court, Phone; 430-8605, Teacher — 3 Oaks Elementary School,
Treasurer — Virginia Beach Education Association. Ms. Mallard requested the City Council support
the School Board Budget as presented
Trenace Riggs, 3608 Brannon Drive, Vice President — Virginia Beach Education Association and
Teacher at Larkspur Middle School.. Ms. Riggs requested the City Council support the School Board
Budget as presented.
Carolyn McPherson, 2700 Royster Court, Phone: 377-1850, is proud of Virginia Beach and is a,
homeowner in the Cityfor fifteen (15) years. The most difficult part of the budget process is to establish
priorities. She applauded the City Council, as a team, to make the difficult decisions. A key component of
the Resource Management Plan is not only the current operation and support, but also planning for the
infrastructure of the future. Capital Projects involve vision and creativity to maximize results and
minimize the cost. The future growth of the City requires this. Lake Gaston is a reliable source of water
and Town Center is a viable and exciting part of the community.
April 26, 2011
-57 -
Item V -H.1.
PUBLIC HEARING ITEM # 60842 (Continued)
John McClain, 2501 Smokehouse Road, Phone: 403-7017, Member — Southgate Civic League and Chair
of the Canal Committee is concerned about the deteriorating condition of the drainage canals and lakes
within the community. He is concerned relative what had been accomplished with the Storm Water
Management fee. Correspondence of John W. McClain is hereby made apart of the record.
Stephen Wilcox, 2605 Wilkes Drive, Phone: 427-0291, recently the Editor of his local paper, applauded
the City of Chesapeake for having the vision not to lower tax rates when property assessments are
climbing. In the same column other cities such as Virginia Beach, were criticized for lowering property
tax rates. Mr. Wilcox desires to do what has to be done to continue the fine services of the City. Mr.
Wilcox has not had a pay raise in seven (7) years. Mr. Wilcox requested the Resource Management Plan
be approved as proposed by the City Manager.
John D. Moss, 4109 Richardson Road, represented the Virginia Beach Taxpayers Alliance, Phone: 363-
7745, and advised each of the fee increases, including the real estate tax increase, were advertised as a
separate Public Hearing. Mr. Moss was not certain if consolidation of the individual Hearings into a
single one complies with State Law. He is noting his objection. Mr. Moss referenced Page 19 of the City
Manager's Resource Management Plan Executive Summary. The adjusted budget for this year is One
Billion Seven Hundred Four Million ($1,704,000,000) and the Proposed Budget is One Billion Seven
Hundred Thirty -Eight Million ($1,738,000,000). This is approximately a $35 -Million difference.
Personnel costs and fringe benefits have increased $35.5 -Million. The discussion re taxes and fees has
nothing to do with maintaining the current level of services.
Nancy Craft, lifelong resident of Virginia Beach, expressed appreciation to the City Council for their
hard work.
Waverly Woods, 2453 Haversham Close, Phone: 749-8266, works in the private sector and pays 100% of
her own house care, as well as 100% of her own benefits and retirement. Two proposals have been
submitted one by the Virginia Beach Taxpayers Alliance and the other by The Tea Party. Both are
detailed and both have valid points. Both depict where the Budget can be cut. Both depict how to save the
tax paying citizens money. Neither of these proposals cost a dime to achieve. In fact, they were
constructed without one consultant on payroll. The citizens should be protected from investments such as
Light Rail.
Andrew Jackson, 153 Upperville Road, Phone: 498-9198, supports funding to Schools. In the next eight
(8) seconds, thirty-eight babies will be born, but cuts are still being considered in education funding.
Many of today's college majors did not exist ten (10) years ago. Without the proper funding, what will the
students study ten (10) years from now? More than 70% of United States four-year olds have used the
computer today. " What will our youth do tomorrow, if we do not fund our education today? " Technical
information is predicted to be doubled every 48 to 72 hours in the year 2012.
There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
April 26, 2011
-58 -
Item i- H.Z
PUBLIC HEARING ITEM # 60843
Mayor Sessoms DECLARED A PUBLIC HEARING:
LEASE OF CITY -OWNED PROPERTY
301 and 303 Garcia Drive
There being no speakers, Mayor Sessoms CLOSED the PUBLIC HEARING.
April 26, 2011
-59 -
Item V -H.3.
PUBLIC HEARING ITEM # 60844
Mayor Sessoms DECLARED A PUBLIC HEARING:
FRANCHISE LEASES OF CITY -OWNED PROPERTY
204 Grill Pizza — 204 22"d Street
The Yacht Club Cafe — 2607 Atlantic Avenue
North Beach Cafe — 39`" Street and Oceanfront
Lighthouse Cafe —1201 Atlantic Avenue
18'h Street Cafe —1801 Atlantic Avenue
Giovanni's Cafe — 2006 Atlantic Avenue
Cancun Fiesta —1516 Atlantic Avenue
Dough Boys Cafe — 3224 Atlantic Avenue
Sharx Cafe — 2112151 Street
There being no speakers, Mayor Sessoms CLOSED the PUBLIC HEARING.
April26, 2011
Item V -H.4.
PUBLIC HEARING ITEM # 60845
Mayor Sessoms DECLARED A PUBLIC HEARING:
SALE OF EXCESS PROPERTY
1537, 1541 and 1545 Indiana Avenue
240 and 246 Roselynn Lane
205 North Oceana Boulevard
There being no speakers, Mayor Sessoms CLOSED the PUBLIC HEARING.
April 26, 2011
-61 -
Item V H. S.
PUBLIC HEARING ITEM # 60846
Mayor Sessoms DECLARED A PUBLIC HEARING:
SALE OF RESTRICTIVE EASEMENT
Formerly Evelyn Reynolds property, Landstown Road
There being no speakers, Mayor Sessoms CLOSED the PUBLIC HEARING.
April 26, 2011
-62 -
Item V -J.
ORDINANCES/RESOLUTIONS ITEM # 60847
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE
MOTION Items la/b/c, 2a/b/c/d, 3, 4a -i, S (DELETED and ADOPTED SUBSTITUTE), 6, 7, 8, 9 and
10 of the CONSENT AGENDA.
Voting: 11-0 (By Consent)
Council Members Voting Aye.-
Rita
ye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
April 26, 2011
-63 -
Item V -JI. a/b/c.
ORDINANCES/RESOLUTIONS ITEM # 60848
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinances to AMEND the City Code:
a. § 5-534 re allowing dogs or horses to urinate or defecate on public or private property
b. §§ 6-120.1 and 6-120.2 re the operation of personal watercraft and the
regulation of personal watercraft rentals
c. §18-32 re permit required for Pawnbrokers, Junk Dealers or Second Hand Dealers
Voting: 11-0 (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,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
April 26, 2011
REQUESTED BY MAYOR SESSOMS
AN ORDINANCE TO AMEND SECTION 5-534
OF THE CITY CODE PERTAINING TO
ALLOWING DOGS OR HORSES TO
URINATE OR DEFECATE ON PUBLIC OR
PRIVATE PROPERTY
SECTION AMENDED: § 5-534
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 5-534 of the Code of the City of Virginia Beach, Virginia, is hereby
amended and reordained to read as follows:
Sec. 5-534. Allowing dogs or horses to urinate or defecate on public or private
property.
It shall be unlawful for any owner or person in immediate control of a dog or
horse to:
(1) Knowingly oF willfully a Allow his/her dog or horse to urinate or defecate on
the private property of other persons without their consent or that of the
authorized agent of the one having control of the premises.
(2) Knowingly eF willfully a Allow his/her dog or horse to urinate 9F defecate on
public property, except that defecation by a dog or horse on public property shall
not constitute a violation of this section if the owner or person in immediate
control of the dog or horse immediately removes the material defected and
disposes of it in a safe and sanitary manner.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26th
day of April , 2011.
APPROVED AS TO CONTENT:
A�ew�
Police Department
CA11847
R-3
April 20, 2011
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
1 AN ORDINANCE TO AMEND SECTIONS 6-120.1
2 AND 6-120.2 OF THE CITY CODE PERTAINING TO
3 THE OPERATION OF PERSONAL WATERCRAFT
4 AND THE REGULATION OF PERSONAL
5 WATERCRAFT RENTALS
6
7 SECTIONS AMENDED: §§ 6-120.1 and 6-120.2
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
12 That Sections 6-120.1 and 6-120.2 of the Code of the City of Virginia Beach,
13 Virginia, are hereby amended and reordained to read as follows:
14
15 Sec. 6-120.1. Restrictions on operation of personal watercraft.
16
17 (a) No person shall, in any waters of the city, including the marginal adjacent
18 ocean:
19
20 (1) Operate a personal watercraft unless each person riding on or being towed
21 behind the personal watercraft is wearing a type I, type II, type III or type V
22 personal flotation device approved by the United States Coast Guard;
23 (2) Operate a personal watercraft between sunset and sunrise;
24 (3) Operate a personal watercraft in excess of the slowest possible speed
25 required to maintain steerage and headway within fifty (50) feet of (i) any shore,
26 dock, pier, boathouse, boat ramp, or bulkhead; (ii) any vessel other than a
27 personal watercraft; (iii) the boundary of any designated swimming area; or (iv)
28 any person in the water; provided, however, that this subsection shall not be
29 deemed to prohibit a personal watercraft from towing a person who, by virtue of
30 the length of the tow rope, is less than fifty (50) feet from the personal watercraft;
31 (4) Operate a personal watercraft unless he or she is at least sixteen (16
32 fourteen (14) years of age. Any person between fourteen (14) and 35 years of
33 gqe feurFeen (14) or fifteen (15) yearn of
34 age 6hal� l be-mowed-to opeFate-a-personal water'cTaft if he orshe shall also (+)
35 has successfully completed an approved boating safety education course
36 appFeyed by the DiFeGt9F of the Virginia DepaFtment of Game and Inla
37 Fisheries and {i} saffies gArry on his or her person, while operating a personal
38 watercraft, proof of successful completion of such course. Upon the request of
39 any law-enforcement officer, such person shall provide proof of having
40 successfully completed an approved course;
41 (i) Any person 50 years of age or younger who operates a personal
42 watercraft on or after July 1, 2011 must comply with the requirements cited in (4)
43 above.
44(ii) Any person, regardless of age, who operates a personal watercraft on
45 or after July 1, 2012 must comply with the requirements cited in (4) above.
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(5) Operate a personal watercraft unless the lanyard is attached to his or her
person, clothing, or personal flotation device, if the personal watercraft is
equipped with a lanyard -type engine cut-off switch;
(6) Operate a personal watercraft while carrying a number of passengers in
excess of the number for which the craft was designed by the manufacturer; or
(7) When launching or landing a personal watercraft, approach or depart from
any beach at other than an angle perpendicular to the shoreline or proceed at a
speed greater than that which is necessary to maintain steerage and headway.
(b) No owner or person having control of a personal watercraft shall authorize or
knowingly permit a person under the age of sixteen (16 fourteen (14) to operate the
personal watercraft unless the peFsen us fourteen (14) OF fifteen (15) yeaF6 of age apd
subseGtion (a)(4) of thus seGtiGi4. No owner or person having control of a personal
watercraft shall authorize or knowingly permit a person fourteen (14) years of age or
older who has not completed an approved boating safety education course as required
by section 6-120.1.(a)(4) above to operate the personal watercraft.
(c) For the purposes of this section, "personal watercraft" means a motor boat
less than sixteen (16) feet in length which uses an inboard motor powering a jet pump,
as its primary motive power and which is designed to be operated by a person sitting,
standing, or kneeling on, rather than in the conventional manner of sitting or standing
inside, the vessel.
(d) A violation of this section shall constitute a Class 4 misdemeanor.
(e) The provisions of this section shall not apply to participants in any regatta,
race, marine parade, tournament or exhibition which is approved by the Virginia Board
of Game and Inland Fisheries or the United States Coast Guard.
(f) A violation of this section shall not constitute negligence, be considered in
mitigation of damages of whatever nature, be admissible in evidence or be the subject
of comment by counsel in any action for the recovery of damages arising out of the
operation, ownership, or maintenance of a personal watercraft, nor shall anything in this
section change any existing law, rule, or procedure pertaining to any such civil action,
nor shall this section bar any claim which otherwise exists.
Sec. 6-120.2. Regulation of personal watercraft rentals.
(a) Any business which offers personal watercraft for rent shall require any
person to whom a personal watercraft is rented, and any other person who will operate
the personal watercraft, to fill out and sign a rental agreement or application. Such
agreement or application, whiGh must shall include the full legal name, address, and
date of birth and SOGial SeGUFity Numbe of the renter applicant and any other
operator(s), and shall be kept on file for a minimum of ninety (90) days.
92 (b) Any business which offers personal watercraft for rent shall also require any
93 person to whom a personal watercraft is rented, and any other person who will operate
94 the personal watercraft, to present, prior to such rental or operation, fiLa government -
95 issued identification card containing his or her photograph, and (ii) proof of successful
96 completion of a boating safety education course as required by section 6-120.1.(a)(4)
97 above. shall retaiR GUGh The identification card, or a copy thereof, shall be retained by
98 the business during the time the personal watercraft is beim rented.
99
100 (c) No person who rents, leases or operates a personal watercraft shall
101 knowingly misrepresent any material fact or falsify any information requested on the
102 rental agreement or application.
103 (d) Any business which offers personal watercraft for rent on a short-term basis
104 (e.g., by the hour or half-hour) shall have at least one motorboat of at least fifty (50)
105 horsepower operated by an employee or agent of the business, in order to monitor and
106 ensure the safe operation of the personal watercraft.
107
108 (e) No business which offers personal watercraft for rent shall rent a personal
109 watercraft that has an engine displacement which exceeds eight hundred (800) cubic
110 centimeters unless the personal watercraft is equipped with a mechanical device that
111 cannot be disabled or removed by a renter of the watercraft and that limits the maximum
112 attainable speed of the watercraft to no more than forty (40) miles per hour.
113
114 (f) Any business which offers personal watercraft for rent shall have at least two
115 (2) marine VHF radios in operation during the time that a personal watercraft rental is
116 being operated, and such radios shall monitor channel 16 whenever they are not being
117 actively used on a working channel.
118
119 (g) No business which offers personal watercraft for rent shall rent a personal
120 watercraft to any person who is prohibited by state law from operating a personal
121 watercraft.
122
123 (h) A violation of any provision of this section shall constitute a Class 3
124 misdemeanor.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26th
day of April , 2011.
APPROVED AS TO CONTENT
7� '�� z 4�L�2�
Police Department
CA11797/R-5/April 14, 2011
APPROVED AS TO LEGAL SUFFICIENCY:
ice
1 AN ORDINANCE TO AMEND SECTION 18-32
2 OF THE CITY CODE PERTAINING TO
3 PERMIT REQUIRED FOR PAWNBROKER,
4 JUNK DEALER, OR SECOND HAND DEALER
5
6 SECTION AMENDED: § 18-32
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 18-32 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and reordained to read as follows:
13
14 Sec. 18-32. Permit required.
15
16 (a) No person shall engage in the activities of a dealer as defined in section 18-
17 76.1, pawnbroker, junk dealer, or secondhand dealer without first obtaining a permit
18 from the chief of police.
19
20 (b) To obtain a permit, the applicant shall file with the chief of police an
21 application form which includes the applicant's full name, any aliases, address, age,
22 date of birth, sex, and fingerprints; the name, address, and telephone number of the
23 applicant's employer, if any; and the location of the applicant's place of business. Upon
24 filing this application and the payment of the permit fee set forth in subsection (g) of this
25 section, the applicant shall be issued a permit by the chief of police or his or her
26 designee, provided that the applicant has not been convicted of a felony or crime of
27 moral turpitude within seven (7) years prior to the date of application. Further, the permit
28 shall be denied if the applicant has been denied a permit or has had a permit revoked
29 under any statute or ordinance similar in substance to the provisions of this section, and
30 may be denied if the applicant has been a principal or associate in any partnership,
31 corporation or other business enterprise which has been subject to civil or criminal
32 penalty or any order to cease doing business issued by a federal, state, or local
33 governmental law enforcement or consumer protection agency.
34
35 (c) The chief of police, prior to issuance or renewal of a permit, shall determine
36 that the applicant intends to conduct business at a fixed and permanent location, and
37 shall require proof of ownership of the proposed business premises by the applicant or
38 the applicant's employer, or evidence of a valid lease of such premises held by the
39 applicant or the applicant's employer of no less duration than the term of the license.
40 Conduct of business from a hotel, motel, temporary lodging unit or similar location shall
41 not satisfy the requirements of this section.
42
43 (d) No more than sixty (60) days prior to issuance of the permit required by this
44 section, the applicant must have any weighing devices used in the business inspected
45 and approved by local or state weights and measures officials and present written
46 evidence of such approval to the chief of police or his or her designee.
47
48 (e) This permit shall be valid until the end of the current business license year
49 and may be renewed in the same manner as such permit was initially obtained upon
50 payment of an annual permit fee. No permit shall be transferable.
51
52 (f) If the business of the applicant is not operated without interruption, with
53 Saturdays, Sundays and recognized holidays excepted, the applicant shall notify the
54 chief of police of all closings and reopenings of such business. The business of a
55 applicant shall be conducted only from the fixed and permanent location specified in the
56 application for a permit.
57
58 (g) The initial and annual permit fee shall be three hundred dollars ($300) for a
59 dealer as defined in section 18-76.1, and one hundred dollars ($100) for a pawnbroker,
60 junk dealer or secondhand dealer; provided, however, that if an applicant applies for an
61 initial or renewal permit as a dealer of precious metals and gems at the same time as
62 the applicant applies for an initial or renewal permit as a pawnbroker, funk dealer or
63 secondhand dealer, the applicant need only pay the three hundred dollar ($300) permit
64 fee. If the chief of police refuses to issue such permit, the applicant shall be notified, in
65 writing, of the reasons for the refusal and the applicant may appeal such refusal to the
66 city council within thirty (30) days from the date of such notice.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this nth
day of April , 2011.
APPROVED AS TO CONTENT
Police Department
CA11841
R-2
April 12, 2011
APPROVED AS TO LEGAL SUFFICIENCY:
Lem Uff TA i
•
-64 -
Item V-2a/b/c/d
ORDINANCES/RESOLUTIONS ITEM # 60849
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinances to DECLARE certain portions of City property EXCESS
and AUTHORIZE the City Manager to negotiate the disposal thereof
and EXECUTE the necessary documents:
a. 1537, 1541 and 1545 Indiana Avenue re Franciscus Homes, Inc.
b. 240 and 246 Roselynn Lane re Franciscus Homes, Inc.
C. 205 North Oceana Blvd. re Ocean Bay Homes, Inc.
d. Restrictive easement in the Interfacility Trac Area (ITA) to convey same to
the United States of America, Department of the Navy
Voting: 11-0 (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,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
April 26, 2011
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AN ORDINANCE DECLARING THE PARCELS
LOCATED AT 1537 INDIANA AVENUE (GPIN
2407-94-9873), 1541 INDIANA AVENUE (GPIN
2407-94-9738), AND 1545 INDIANA AVENUE
(GPIN 2407-94-8873) TO BE IN EXCESS OF THE
CITY'S NEEDS AND AUTHORIZING THE CITY
MANAGER TO SELL THE PROPERTIES TO
FRANCISCUS HOMES, INC., A VIRGINIA
CORPORATION
WHEREAS, the City of Virginia Beach (the "City") is the owner of those
certain parcels of land located at 1537, 1541 I, and 1545 Indiana Avenue (collectively,
the "Property"), more particularly described on Exhibit "A" attached hereto and made a
part hereof;
WHEREAS, the City acquired the Property pursuant to the APZ-1
Acquisition Program;
WHEREAS, the City funded the acquisition of the Property through a
partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party
contributing fifty percent (50%) of the funds;
WHEREAS, the Property is in the midst of other residences and at the
time of acquisition was improved with residential dwellings, which have been
demolished due to their poor condition;
WHEREAS, City Council has elected to allow the reconstruction of one
single-family home on the Property in order to maintain the integrity of the
neighborhood; and
WHEREAS, such reconstruction is a grandfathered nonconforming use
allowed under current zoning law;
WHEREAS, the re -development of the Property will be at a lesser density
than the original use of the Property;
WHEREAS, a Request for Proposal ("RFP") was advertised for the
potential sale of the Property;
WHEREAS, Franciscus Homes, Inc., was one of the respondents to the
RFP;
WHEREAS, the APZ-1 Disposition Committee has recommended that City
Council declare the Property to be in excess of the City's needs and sell the Property to
Franciscus Homes, Inc;
49 WHEREAS, Franciscus Homes, Inc., will build one new single-family
50 home on the Property to prescribed standards acceptable to the City, including elevated
51 noise attenuation and design criteria, and Franciscus Homes, Inc will thereafter convey
52 the improved Property to an owner -occupant;
53
54 WHEREAS, Franciscus Homes, Inc., will purchase the Property in
55 accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part
56 hereof;
57
58 WHEREAS, the City Council is of the opinion that the Property is in
59 excess of the needs of the City of Virginia Beach.
60
61 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
62 OF VIRGINIA BEACH, VIRGINIA:
63
64 That the Property located at (1) 1537 Indiana Avenue, (2) 1541 Indiana
65 Avenue, and (3) 1545 Indiana Avenue is hereby declared to be in excess of the needs
66 of the City of Virginia Beach and that the City Manager is hereby authorized to execute
67 any documents necessary to convey the Property to Franciscus Homes, Inc in
68 substantial conformity with the Summary of Terms attached hereto as Exhibit "B" and
69 such other terms, conditions or modifications as are deemed necessary and sufficient
7o by the City Manager and in a form deemed satisfactory by the City Attorney.
71
72
73 Further, that the revenue from the sale of the Property in the amount of $62,500
74 shall be received and appropriated to CIP #9-060, Oceana and Interfacility Traffic Area
75 Conformity and Acquisition, of which fifty (50) percent shall be reserved for the purpose
76 of the City Manager refunding the Commonwealth's portion in accordance with the grant
77 agreement. A manual encumbrance will be established to ensure that the $31,250
78 retained by the City will be available for BRAC program acquisitions in future years per
79 the agreement with the Commonwealth.
80
81 This ordinance shall be effective from the date of its adoption.
82
83 Adopted by the Council of the City of Virginia Beach, Virginia, on the
84 26thday of April 12011.
CA11690
R-1
4/13/11
\\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d018\p010\00011039.doc
APPROVED AS TO CONTENT
Public Works L j- IU -11
APPROVED AS TO LEGAL
SUFFICIEN
City Attorney's Office
APPROVED AS TO CONTENT
Management Services
EXHIBIT A
1537, 1541, AND 1545 INDIANA AVENUE
(GPINS 2407-94-9873, 2407-94-9738 & 2407-94-8873)
PARCEL ONE (1537 Indiana Avenue): GPIN- 2407-94-9873
All that certain lot, piece or parcel of land, with the
improvements thereon and appurtenances thereunto belonging
situate, lying and being in the City of Virginia Beach, Virginia
and designated and described as Lot 12, as shown upon a
survey of Block 6, Oceana Gardens, made by W.B. Gallup,
County Surveyor, dated March 20, 1947, a copy of which plat is
recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 21 at page 3, reference to
which is hereby made to the aforesaid plat for a more particular
description of said lot.
LESS AND EXCEPT all right, title and interest of the Seller, if
any, 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.
IT BEING the same property conveyed to the City of Virginia
Beach by Deed from Michael P. Raine dated January 20, 2010
and recorded in the aforesaid Clerk's Office as Instrument
Number 20100129000097070.
PARCEL TWO (1541 Indiana Avenue): GPIN- 2407-94-9738
ALL THAT certain lot, piece, or parcel of land, with the
buildings and improvements thereon, situate, lying and being
in the City of Virginia Beach, Virginia, and being known,
numbered and designated as Lot 11, as shown on that certain
plat entitled, "Survey of Block 6, Oceana Gardens for Princess
Anne Homes, Inc., Virginia Beach, VA," which said plat is duly
recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 21, at page 3, reference
to which is hereby made for a more particular description
thereof.
LESS AND EXCEPT all right, title and interest of the Seller, if
any, 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.
IT BEING the same property conveyed to the City of Virginia
by deed from Michael T. Murphy dated November 10, 2009,
and recorded in the aforesaid Clerk's Office as Instrument
Number 20091116001318450.
PARCEL THREE (1545 Indiana Avenue): GPIN- 2407-94-
8873
ALL THAT certain lot, piece or parcel of land, with the
buildings and improvements thereon, situated in Virginia
Beach, Virginia, and known, numbered and designated as Lot
10, Block 6, as shown on the survey of Block 6, Oceana
Gardens for Princess Anne Homes, Inc., dated March 20,
1947, made by W.B. Gallup, County Surveyor, and duly
recorded in Map Book 21, at Page 3, in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia.
LESS AND EXCEPT all right, title and interest of the Seller, if
any, 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.
IT BEING the same property conveyed to the City of Virginia
Beach by Deed from John N. Favero and Patricia C. Favero,
dated May 28, 2010 and recorded in the aforesaid Clerk's
Office as Instrument Number 20100615000585910.
EXHIBIT B
SUMMARY OF TERMS
SALE OF EXCESS PROPERTY AT 1537, 1541, AND 1545 INDIANA AVENUE
(GPINS 2407-94-9873, 2407-94-9738 & 2407-94-8873) (FORMERLY SEPARATE
BUILDING SITES, TO BE RESUBDIVIDED INTO ONE BUILDING SITE)
SELLER: City of Virginia Beach
PURCHASER: Franciscus Homes, Inc., a Virginia corporation
PROPERTY: 18,750 square feet of property generally known as 1537, 1541,
and 1545 Indiana Avenue (GPINs 2407-94-9873, 2407-94-9738 &
2407-94-8873); and
SALE PRICE: $62,500
CONDITIONS OF SALE
• Property is purchased "As Is, Where Is."
• Seller shall convey the property subject to a deed restriction preventing
Buyer, or ultimate owner -occupant, from participation in the APZ-1
Acquisition Program.
• Seller shall convey the property with a plat restriction limiting the site to
the development of one single-family dwelling unit, in perpetuity.
• Buyer shall construct one single-family dwelling on the site, in a style that
substantially matches the style and design criteria approved by the
Planning Department.
• Buyer, at its own cost, shall resubdivide the Property to vacate interior lot
lines.
• Purchaser shall deposit Five Thousand and no/100 Dollars ($5,000.00) at the
execution of the Purchase Agreement.
• Buyer is required to construct using materials for enhanced noise
attenuation.
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2 AN ORDINANCE DECLARING THE PARCELS
3 LOCATED AT 240 ROSELYNN LANE (GPINS
4 2417-05-3581 & 2417-05-3487) AND 246
5 ROSELYNN LANE (GPIN 2417-05-3586) TO BE
6 IN EXCESS OF THE CITY'S NEEDS AND
7 AUTHORIZING THE CITY MANAGER TO SELL
8 THE PROPERTIES TO FRANCISCUS HOMES,
9 INC., A VIRGINIA CORPORATION.
10
11 WHEREAS, the City of Virginia Beach (the "City") is the owner of those
12 certain parcels of land known as 240 and 246 Roselynn Lane (collectively, the
13 "Property"), more particularly described on Exhibit "A" attached hereto and made a part
14 hereof;
15
16 WHEREAS, the City acquired the Property pursuant to the APZ-1
17 Acquisition Program;
18
19 WHEREAS, the City funded the acquisition of the Property through a
20 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party
21 contributing fifty percent (50%) of the funds;
22
23 WHEREAS, the Property is in the midst of other residences and at the
24 time of acquisition was improved with a residential dwelling, which has been demolished
25 due to its poor condition;
26
27 WHEREAS, City Council has elected to allow the reconstruction of one
28 single-family home on the Property in order to maintain the integrity of the
29 neighborhood; and
30
31 WHEREAS, such reconstruction is a grandfathered nonconforming use
32 allowed under current zoning law;
33
34 WHEREAS, the re -development of the Property will be at a lesser density
35 than the original use of the Property;
36
37 WHEREAS, a Request for Proposal ("RFP") was advertised for the
38 potential sale of the Property;
39
40 WHEREAS, Franciscus Homes, Inc., was one of the respondents to the
41 RFP;
42
43 WHEREAS, the APZ-1 Disposition Committee has recommended that City
44 Council declare the Property to be in excess of the City's needs and sell the Property to
45 Franciscus Homes, Inc;
46
47 WHEREAS, Franciscus Homes, Inc., will build one new single-family
48 home on the Property to prescribed standards acceptable to the City, including elevated
49 noise attenuation and design criteria, and Franciscus Homes, Inc., will thereafter convey
50 the improved Property to an owner -occupant;
51
52 WHEREAS, Franciscus Homes, Inc., will purchase the Property in
53 accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part
54 hereof;
55
56 WHEREAS, the City Council is of the opinion that the property is in excess
57 of the needs of the City of Virginia Beach.
58
59 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
60 OF VIRGINIA BEACH, VIRGINIA:
61
62 That the Property located at (1) 240 Roselynn Lane and (2) 246 Roselynn
63 Lane is hereby declared to be in excess of the needs of the City of Virginia Beach and
64 that the City Manager is hereby authorized to execute any documents necessary to
65 convey the Property to Franciscus Homes, Inc., in substantial conformity with the
66 Summary of Terms attached hereto as Exhibit "B" and such other terms, conditions or
67 modifications as are deemed necessary and sufficient by the City Manager and in a
68 form deemed satisfactory by the City Attorney.
69
70 Further, that the revenue from the sale of the Property in the amount of
71 $62,500 shall be received and appropriated to CIP #9-060, Oceana and Interfacility
72 Traffic Area Conformity and Acquisition, of which fifty (50) percent shall be reserved for
73 the purpose of the City Manager refunding the Commonwealth's portion in accordance
74 with the grant agreement. A manual encumbrance will be established to ensure that the
75 $31,250 retained by the City will be available for BRAC program acquisitions in future
76 years per the agreement with the Commonwealth.
77
78 This ordinance shall be effective from the date of its adoption.
79
80 Adopted by the Council of the City of Virginia Beach, Virginia, on the
81 26tidday of April , 2011.
g
CA116*9
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EXHIBIT A
240 ROSELYNN LANE (GPINS 2417-05-3581 & 2417-05-
3487) AND 246 ROSELYNN LANE (GPIN 2417-05-3586)
PARCEL ONE: 240 ROSELYNN LANE (GPIN- 2417-05-3581
& 2417-05-3487)
ALL THOSE certain lots, pieces, or parcels of land, situate, lying
and being in Oceana Gardens of Lynnhaven magisterial
Borough of Virginia Beach, Virginia, and known, numbered and
designated as Lots 37 and 38, of the plat of Hillcrest, which plat
is duly 2 recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia in Map Book 13, at page 8,
reference to which is hereby made for a more particular
description thereof.
LESS AND EXCEPT all right, title and interest of the Seller in
and to any public road, public rights-of-way, or public
easements adjacent to the above -referenced property.
IT BEING the same property conveyed to the City of Virginia
Beach by Deed of Mary Meeks White Fruit a/k/a Mary M. Fruit,
dated March 26, 2010 and recorded in the aforesaid Clerk's
Office as Instrument No. 20100416000348490.
PARCEL TWO: 246 ROSELYNN LANE (GPIN 2417-05-
3586
ALL THAT certain lot, piece, or parcel of land, lying and being
in Oceana Gardens of Lynnhaven Borough of Virginia Beach,
Virginia, known, numbered and designated as Lot Thirty -Six
(36), on the plat of Hillcrest, which plat is recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 13, at page 8.
LESS AND EXCEPT all right, title and interest of the Seller in
and to any public road, public rights-of-way, or public
easements adjacent to the above -referenced property.
IT BEING the same property conveyed to the City of Virginia
Beach by deed from Keith E. Garneau dated December 26,
2007 and recorded in the aforesaid Clerk's Office as Instrument
Number 20080102000006970.
EXHIBIT B
SUMMARY OF TERMS
SALE OF EXCESS PROPERTY KNOWN AS 240 ROSELYNN LANE (GPINS 2417-
05-3581 & 2417-05-3487) AND 246 ROSELYNN (GPIN 2417-05-3586) (FORMERLY
SEPARATE BUILDING SITES, TO BE RESUBDIVIDED INTO ONE BUILDING SITE)
SELLER: City of Virginia Beach
PURCHASER: Franciscus Homes, Inc, a Virginia Corporation
PROPERTY: 18,812 square feet of property generally known as 240 and 246
Roselynn Lane (GPINS 2417-05-3581, 2417-05-3487, and 2417-
05-3586).
SALE PRICE: $62,500
CONDITIONS OF SALE
• Property is purchased "As Is, Where Is."
• Seller shall convey the property subject to a deed restriction preventing
Buyer, or ultimate owner -occupant, from participation in the APZ-1
Acquisition Program.
• Seller shall convey the property with a plat restriction limiting the site to
the development of one single-family dwelling unit, in perpetuity.
• Buyer shall construct one single-family dwelling on the site, in a style that
substantially matches the style and design criteria approved by the
Planning Department.
• Buyer, at its own cost, shall resubdivide the Property to vacate interior lot
lines.
• Purchaser shall deposit Five Thousand and no/100 Dollars ($5,000.00) at the
execution of the Purchase Agreement.
• Buyer is required to construct using materials for enhanced noise
attenuation.
1 AN ORDINANCE DECLARING THE PARCEL
2 LOCATED AT 205 N. OCEANA BLVD. (GPIN
3 2417-04-4996) TO BE IN EXCESS OF THE
4 CITY'S NEEDS AND AUTHORIZING THE CITY
5 MANAGER TO SELL THE PROPERTY TO
6 OCEAN BAY HOMES, INC., A VIRGINIA
7 CORPORATION.
8
9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain
10 parcel of land and the residence thereon located at 205 N. Oceana Blvd. (the
11 "Property") more particularly described on Exhibit "A" attached hereto and made a part
12 hereof;
13
14 WHEREAS, the City acquired the Property pursuant to the APZ-1
15 Acquisition Program;
16
17 WHEREAS, the City funded the acquisition of the Property through a
18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party
19 contributing fifty percent (50%) of the funds;
20
21 WHEREAS, the Property is in the midst of other residences and at the
22 time of acquisition was improved with a residential dwelling;
23
24 WHEREAS, the APZ-1 Disposition Committee and the Oceana Land Use
25 and Conformity Committee have recommended the renovation of the single-family
26 home in order to maintain the integrity of the neighborhood; and
27
28 WHEREAS, the renovation is a grandfathered nonconforming use allowed
29 under current zoning law;
30
31 WHEREAS, a Request for Proposal ("RFP") was advertised for the
32 potential sale of the Property;
33
34 WHEREAS, Ocean Bay Homes, Inc. responded to the RFP with an offer
35 to purchase the Property;
36
37 WHEREAS, the APZ-1 Disposition Committee has recommended that City
38 Council declare the Property to be in excess of the City's needs and sell the Property to
39 Ocean Bay Homes, Inc.;
40
41 WHEREAS, Ocean Bay Homes, Inc. will renovate the single-family home
42 on the Property to prescribed standards acceptable to the City, including elevated noise
43 attenuation standards, and will thereafter sell the Property to an owner -occupant;
44
45 WHEREAS, Ocean Bay Homes, Inc. will purchase the Property in
46 accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part
47 hereof;
48
49 WHEREAS, the City Council is of the opinion that the property is in excess
5o of the needs of the City of Virginia Beach.
51
52 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
53 OF VIRGINIA BEACH, VIRGINIA:
54
55 That the Property located at 205 N. Oceana Blvd. is hereby declared to be in
56 excess of the needs of the City of Virginia Beach and that the City Manager is hereby
57 authorized to execute any documents necessary to convey the Property to Ocean Bay
58 Homes, Inc., in substantial conformity with the Summary of Terms attached hereto as
59 Exhibit B and such other terms, conditions or modifications as are deemed necessary
60 and sufficient by the City Manager and in a form deemed satisfactory by the City
61 Attorney.
62
63 Further, that the revenue from the sale of the Property in the amount of $75,000
64 shall be received and appropriated to CIP #9-060, Oceana and Interfacility Traffic Area
65 Conformity and Acquisition, of which fifty (50) percent shall be reserved for the purpose
66 of the City Manager refunding the Commonwealth's portion in accordance with the grant
67 agreement. A manual encumbrance will be established to ensure that the $37,500
68 retained by the City will be available for BRAC program acquisitions in future years per
69 the agreement with the Commonwealth.
70
71 This ordinance shall be effective from the date of its adoption.
72
73 Adopted by the Council of the City of Virginia Beach, Virginia, on the
74 26th day of April , 2011.
CA11028
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EXHIBIT A
205 N. Oceana Blvd (GPIN: 2417-04-4996)
ALL THAT certain lot, piece or parcel of land, with the buildings and
improvements thereon, lying, situate and being in the City of
Virginia Beach, Virginia, and being known, lettered and designated
as Parcel A, as shown on that certain plat entitled, "Resubdivision
of Property of VB Contractors, Inc. (D.B. 3435, P. 1288, M.B. 13,
P.8), Lynnhaven Borough, Va. Beach, Virginia", which said plat is
duly recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 241, at page 8.
LESS AND EXCEPT all right, title and interest of the Grantor in and
to any public road, public rights-of-way, or public easements
adjacent to the above -referenced property.
IT BEING the same property conveyed to the City of Virginia Beach
by deed from George C. Treiber and Nina F. Treiber, husband and
wife, and Willie E. Shipp, unmarried dated January 23, 2008, and
recorded in the Clerk's Office of the Circuit Court of City of Virginia
Beach, Virginia, as Instrument Number 20080125000093550.
=%rLJIOIT C2
SUMMARY OF TERMS
SALE OF EXCESS PROPERTY
SELLER: City of Virginia Beach
PURCHASER: Ocean Bay Homes, Inc., a Virginia corporation
PROPERTY:
10,794 square feet of property generally known as 205 N. Oceana Boulevard
(GPIN 2417-04-4996); Single Family Rehabilitation, Built 1950*
SALE PRICE: $75,000
CONDITIONS OF SALE
• Property is purchased "As Is, Where Is."
• Purchaser, or any future owner, will be subject to a deed restriction
preventing participation in the APZ-1 Acquisition Program.
• Renovation and noise attenuation shall be started within 90 days of
settlement and completed within 12 months of settlement
• Purchaser shall not demolish the existing structure.
• Purchaser shall preserve the exterior style and character of the existing
structure to the extent practicable.
• Purchaser shall complete renovations in accordance with Exhibit A of the
Sales Agreement.
11
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ORDINANCE TO DECLARE RESTRICTIVE EASEMENT OVER
CITY -OWNED PROPERTY IN THE INTERFACILITY TRAFFIC
AREA (ITA) TO BE EXCESS AND AUTHORIZE THE CITY
MANAGER TO CONVEY SAME TO THE UNITED STATES OF
AMERICA
WHEREAS, the City of Virginia Beach (the "City") is the owner of a certain parcel
of land (the "Property") located in the Interfacility Traffic Area (the "ITA") in the City of
Virginia Beach, Virginia, which Property is identified as follows:
Landstown Road, 1483-68-4939, 23.519 Acres
WHEREAS, on September 27, 2007, the City and the United States of
America, Department of the Navy (the "Navy") entered into an agreement (the
"Encroachment Partnering Agreement") to partner to acquire property in the ITA;
WHEREAS, the terms and provisions of the Encroachment Partnering
Agreement provide that the City will sell to the Navy restrictive easements (the
"Restrictive Easement(s)") over property the City acquires in the ITA, and in exchange
the Navy will pay to the City the fair market value of the Restrictive Easements, up to
50% of the City's acquisition cost of each ITA property;
WHEREAS, the City acquired the Property pursuant to the ITA Acquisition
Program and the APZ-1/Clear Zone Acquisition Program;
WHEREAS, the City funded the acquisition of the Property through a
partnership with the Commonwealth of Virginia (the "Commonwealth"), with the City and
the Commonwealth each contributing fifty percent (50%) of the acquisition funds;
WHEREAS, the City Council of the City of Virginia Beach finds that the
Restrictive Easement over the Property is in excess of the City's needs and finds that
the sale of the Restrictive Easements over the Properties to the Navy, pursuant to the
terms of the Encroachment Partnering Agreement entered into in 2007, will allow the
City and the Commonwealth to recoup 50% of the purchase price of the Property.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That a Restrictive Easement over the following Property located in the ITA
is hereby declared to be in excess of the needs of the City of Virginia Beach:
Landstown Road, 1483-68-4939, 23.519 Acres
47
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64
65
66
2. That the City Manager is hereby authorized to execute any documents
necessary to convey the Restrictive Easement over the Property to the Navy, in
substantial conformity with the terms and provisions of the Encroachment Partnering
Agreement dated September 27, 2007, as amended, and such other terms, conditions
or modifications as are deemed necessary and sufficient by the City Manager and in a
form deemed satisfactory by the City Attorney.
3. That the revenue from the sale of each of the Restrictive Easement (up to
the total amount of $237,000) shall be received by the City and appropriated to the
Oceana and Interfacility Traffic Area Conformity and Acquisition Project (CIP 9-060);
and the City Manager shall thereafter refund the Commonwealth's portion (50%) of such
revenue in the total amount of $118,500 from CIP #9-060, with a manual encumbrance
being established to ensure that the balance of the funds remains available for property
acquisition in future years in accordance with the City's agreement with the
Commonwealth; and
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
26thday of April , 2011.
R-1
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CA11696
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S)C�,-,J�, "A9JV-11
Management Services
SUMMARY OF TERMS
OF
ENCROACHMENT PARTNERING AGREEMENT:
Parties:
The City of Virginia Beach and The United States of America, acting through the
Department of the Navy
Term of Agreement:
The term of the agreement is 5 years, unless sooner terminated by either party,
upon 30 days' notice to the other party. The agreement may be renewed or
extended as the parties agree.
Other Terms
1. If the City purchases property from willing sellers in the ITA, then the Navy will
purchase from the City a restrictive easement over that property limiting its
use to those uses marked with a "Y" in the Table set forth in City Zoning
Ordinance Section 1804 as enacted on the date of the Multi -Year Agreement
(copy attached hereto as Exhibit A"):
a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the
property would be limited to the allowed uses in 70-75 dB DNL Noise
Zone, as stated in the Table;
b. If the property is in >75 dB DNL, then the property would be limited to
the allowed uses in >75 dB DNL Noise Zone;
2. The Navy will pay 100% of the appraised value of the restrictive easement or
50% of the City's fee simple purchase price, whichever is less. After the
appraisals are completed, the City can decide on a case-by-case basis
whether to sell an easement to the Navy.
3. The Navy will fund this arrangement with $3 million', plus the Marshview
property (the Navy will convey Marshview, in fee, to the City in exchange for
the City placing restrictive easements over its ITA properties).
4. The Navy and the City will share the costs of the appraisals.
5. The City shall provide surveys necessary to delete all standard exceptions for
title insurance as to surveys.
\\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d011\p01 0\00009856.doc
1 Increased to up to approximately $7,000,000, to the extent funds are available by ORD -3053C adopted
September 23, 2008.
EXHIBIT A TO GRANT OF EASEMENT
TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES
LAND USE COMPATIBILITY IN NOISE ZONES
Land Use
Land Use
Compatibility
Land Use Name
70-75 dB
DNL
>75 dB
DNL
Residential and Related
Single-family dwellings
N
N
Semidetached dwellings
N
N
Attached dwellings/townhouses
N
IN
Duplexes
N
N
Multiple -family dwellings
N
N
Dormitories and other group quarters
N
N
Mobile home parks
N
N
Hotels and motels
N
N
Other residential uses
N
N
Manufacturing
Food & kindred products; manufacturing
Y
Y
Textile mill products; manufacturing
Y
Y
Apparel and other finished products; products made from
fabrics, leather and similar materials; manufacturing
Y
Y
Lumber and wood products (except furniture); manufacturing
Y
Y
Furniture and fixtures; manufacturing
Y
Y
Paper and allied products; manufacturing
Y
IY
Printing, publishing, and allied industries
Y
Y
Chemicals and allied products; manufacturing
Y
Y
Petroleum refining and related industries
Y
Y
Rubber and misc. plastic products; manufacturing
Y
IY
Stone, clay and glass products; manufacturing
Y
Y
Primary metal products; manufacturing
Y
Y
Fabricated metal products; manufacturing
Y
Y
Professional scientific, and controlling instruments;
photographic and optical goods; watches and clocks
Y
Y
Miscellaneous manufacturing
Y
Y
Transportation, communication and utilities
Railroad, rapid rail transit, and street railway transportation
Y
Y
Motor vehicle transportation
Y
Y
Aircraft transportation
Y
Y
Marine craft transportation
Y
Y
Highway and street right-of-way
Y
Y
Automobile parking
Y
Y
Communication
Y
Y
Utilities
Y
Y
Other transportation, communication and utilities
Y
Y
Trade
Wholesale trade
Y
Y
Retail trade - building materials, hardware and farm
equipment
Y
Y
Retail trade - general merchandise
Y
Y
Retail trade - food
Y
Y
Retail trade - automotive, marine craft, aircraft and
accessories
Y
Y
Retail trade - apparel and accessories
Y
Y
Services
Retail trade - furniture, home, furnishings and equipment
Y
Y
Retail trade - eating and drinking establishments
Y
Y
Other retail trade
Y
Y
Finance, insurance and real estate services
Y
Y
Personal services
Y
Y
Cemeteries
Y
Y
Business services
Y
Y
Warehousing and storage
Y
Y
Repair services
Y
Y
Professional services
Y
Y
Hospitals, other medical facilities
Y
N
Nursing homes
N
N
Contract construction services
Y
Y
Government services
Y
Y
Educational services
Y
N
Miscellaneous
Y
Y
Cultural, entertainment and recreational
Cultural activities (& churches)
Y
N
Nature exhibits
N
N
Public assembly halls
N
N
Auditoriums, concert halls
Y
N
Outdoor music shells, amphitheaters
N
N
Outdoor sports arenas, spectator sports
Y
N
Other outdoor recreational facilities
Y
Y
Indoor recreational facilities
Y
Y
Campgrounds
Y
N
Parks
Y
N
Other cultural, entertainment and recreation
Y
N
Resource Production and Extraction
Agriculture (except live stock)
Y
Y
Livestock farming
Y
N
Animal breeding
Y
N
Agriculture related activities
Y
Y
Forestry activities
Y
Y
Fishing activities
Y
Y
Mining activities
Y
Y
Other resource production or extraction
Fy
Y
.2
CL
-65 -
Item V-3.
ORDINANCES/RESOLUTIONS ITEM# 60850
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT. -
Ordinance to AUTHORIZE the City Manager to execute two (2) Leases,
each for five (5) years or less, with Virginia Beach Community
Development Corporation (VBCDC) at 301 and 303 Garcia Drive
Voting: 11-0 (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,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay.-
1
ay:
r
Council Members Absent:
None
April 26, 2011
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AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE LEASES FOR FIVE YEARS OR LESS WITH VIRGINIA
BEACH COMMUNITY DEVELOPMENT CORPORATION FOR
THE USE OF TWO (2) RESIDENTIAL PROPERTIES LOCATED
AT 301 GARCIA DRIVE AND 303 GARCIA DRIVE (GPIN 2417-
15-1989)
WHEREAS, the City of Virginia Beach ("the City") is the owner of
those certain parcels of land and the residences thereon located at 301
Garcia Drive and 303 Garcia Drive, and shown on Exhibit "A" attached
hereto (the "Properties");
WHEREAS, the Virginia Beach Community Development Corporation
("VBCDC") has requested to lease the Properties for $1.00 per year each and will
perform all required maintenance;
WHEREAS, no previous authorization from Council has been given for the
execution of a written lease for the Properties;
WHEREAS, the VBCDC would like to enter into formal leases with the
City for the Properties pursuant to the Summary of Terms attached hereto as
Exhibit "B";
WHEREAS, the Properties will be utilized for affordable rental housing for
Virginia Beach residents and for no other purpose;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute two (2) leases,
each for the term of five years or less, between VBCDC and the City, for the
Properties in accordance with the Summary of Terms attached hereto and such
other terms and conditions deemed necessary and sufficient by the City Manager
and in a form deemed satisfactory by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia on the 26th
day of An,il , 2011
CA11694
R-1
\\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d008\p014\00009271.doc
4/13/11
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
City Attorney
APPROVED AS TO CONTENT
Facilities Manager
SUMMARY OF TERMS
LESSOR: City of Virginia Beach ("City")
LESSEE: Virginia Beach Community Development Corporation
("VBCDC")
PREMISES: One duplex residential property:
• 301 Garcia Drive (GPIN 2417-15-1989-0301); and
• 303 Garcia Drive (GPIN 2417-15-1989-0303)
TERM: July 1, 2011, through June 30, 2012, with 4 one-year renewal
options
RENT: $1.00 per year for each property
RIGHTS AND RESPONSIBILITIES OF VBCDC (as to each lease):
• Will use the Premises for affordable rental housing for Virginia
Beach residents and for no other purpose.
• At no time shall more than one single-family reside in the dwelling
unit.
• Will sound -attenuate the Premises at its expense.
• Will make repairs needed to bring property up to code compliance,
but shall not otherwise modify the Premises without prior approval
from City.
• Will keep, repair, and maintain the Premises at its expense.
• Will maintain commercial general liability insurance coverage with
policy limits of not less than one million dollars ($1,000,000)
combined single limits per occurrence. VBCDC shall provide a
certificate evidencing the existence of such insurance.
• Will comply with all applicable laws, ordinances, and regulations in
the performance of its obligations under the lease.
TERMINATION: The City may terminate each lease at any time without
cause upon thirty (30) days' written notice.
Item V-4. a -i.
ORDINANCES/RESOLUTIONS ITEM # 60851
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT. -
Ordinance to GRANT nine (9) Franchise Agreements for Open Air Cafes in the Resort Area
204 Grill Pizza
The Yacht Club Cafe
North Beach Cafe
Lighthouse Cafe
18`h Street Cafe
Giovanni's Cafe
Cancun Fiesta
Dough Boys Cafe
Sharx Cafe
Voting: 11-0 (By Consent)
Council Members Voting Aye:
204 22n" Street
2607 Atlantic Avenue
39`h Street and Oceanfront
1201 Atlantic Avenue
1801 Atlantic Avenue
2006 Atlantic Avenue
1516 Atlantic Avenue
3224 Atlantic Avenue
211 21s' Street
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay.-
None
ay:
None
Council Members Absent:
None
April 26, 2011
1 AN ORDINANCE GRANTING NINE
2 FRANCHISE AGREEMENTS FOR OPEN AIR
3 CAFES IN THE RESORT AREA
4
5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized
6 the City Manager to promulgate Open Air Cafe Regulations, which have been amended
7 from time to time, for the operation of open air cafes on public property; and
8
9 WHEREAS, the regulations originally prohibited sidewalk cafes on Atlantic
10 Avenue between 15th and 24th streets; and
11
12 WHEREAS, Council adopted a resolution on March 23, 2004 establishing a pilot
13 program to allow, on an experimental basis, open air cafes on Atlantic Avenue between
14 20th and 23rd Streets; and
15
16 WHEREAS, based upon the success of the pilot program, Council adopted an
17 ordinance on March 8, 2005 authorizing sidewalk cafes on Atlantic Avenue between
18 15th and 24th Streets; and
19
20 WHEREAS, the City Council has traditionally granted initial franchises for one-
21 year terms; and
22
23 WHEREAS, if an open air cafe is successfully operated during the initial one-
24 year term, the franchisee may return to Council and request a five-year franchise
25 agreement; and
26
27 WHEREAS, Virginia George Company, Inc., t/a Dough Boys Cafe, is seeking a
28 one-year franchise agreement for the operation of an Atlantic Avenue Side Street Cafe
29 located at 3224 Atlantic Avenue; and
30
31 WHEREAS, the following eight (8) entities have successfully operated open air
32 cafes pursuant to either one-year or five-year franchise agreements, and are seeking
33 renewal of their franchise agreements for five year terms: (1) Majd & Bouhzam, Ltd., t/a
34 204 Grill Cafe, for operation of an Atlantic Avenue Side Street Cafe; (2) Beachside, LC,
35 t/a The Yacht Club Cafe, for operation of a Boardwalk Cafe; (3) Aqua Investment
36 Associates, t/a North Beach Cafe, for operation of a Boardwalk Cafe; (4) Blaster Fries,
37 Inc., t/a Lighthouse Cafe, for operation of a Boardwalk Cafe; (5) BBH Hughes
38 Corporation, t/a 18th Street Cafe, for operation of a Connector Park Cafe; (6) Giovanni's
39 Inc., t/a Giovanni's Cafe, for operation of an Atlantic Avenue Sidewalk Cafe; (7) ANSHI,
40 Inc., t/a Cancun Fiesta, for operation of an Atlantic Avenue Sidewalk Cafe; and (8) 21
41 Fun, LLC, t/a Sharx, for operation of an Atlantic Avenue Side Street Cafe; and
42
43 WHEREAS, the Strategic Growth Area Office recommends that the above-
44 named entities be granted open air cafe franchise agreements.
45
46 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
47 VIRGINIA BEACH:
48
49 1. That the City Council hereby grants a one-year franchise agreement to
50 Virginia George Company, Inc., t/a Dough Boys Cafe, subject to the terms and
51 conditions of all ordinances, resolutions, and regulations applicable to open air caf6s.
52
53 2. That the City Council hereby grants five-year franchise agreements to (1)
54 Majd & Bouhzam, Ltd., t/a 204 Grill Cafe, for operation of an Atlantic Avenue Side
55 Street Caf6; (2) Beachside, LC, t/a The Yacht Club Caf6, for operation of a Boardwalk
56 Caf6; (3) Aqua Investment Associates, t/a North Beach Caf6, for operation of a
57 Boardwalk Caf6; (4) Blaster Fries, Inc., t/a Lighthouse Caf6, for operation of a
58 Boardwalk Caf6; (5) BBH Hughes Corporation, t/a 18th Street Caf6, for operation of a
59 Connector Park Caf6; (6) Giovanni's Inc., t/a Giovanni's Caf6, for operation of an
60 Atlantic Avenue Sidewalk Cafe; (7) ANSHI, Inc., t/a Cancun Fiesta, for operation of an
61 Atlantic Avenue Sidewalk Caf6; and (8) 21 Fun, LLC, t/a Sharx, for operation of an
62 Atlantic Avenue Side Street Caf6, subject to the terms and conditions of all ordinances,
63 resolutions, and regulations applicable to open air caf6s.
64
65 Adopted by the City Council of Virginia Beach, Virginia on this 265tb day of April,
66 2011.
Approved as to Content:
ES -N. -
Strategic Growth Area Office
CA11838
R-1
April 14, 2011
Approved as to Legal Sufficiency:
City Attorney'ibffice
2011 OPEN AIR CAFE FRANCHISE SUMMARY SHEET
NEW FRANCHISE (ONE-YEAR TERM)
(1) Virginia George Company, Inc., t/a Dough Boys Cafe, for operation of an
Atlantic Avenue Side Street Cafe.
RENEWAL FRANCHISES (FIVE-YEAR TERMS)
(1) Majd & Bouhzam, Ltd., t/a 204 Grill Cafe, for operation of an Atlantic Avenue
Side Street Cafe.
(2) Beachside, LC, t/a The Yacht Club Cafe, for operation of a Boardwalk Cafe.
(3) Aqua Investments Associates, t/a North Beach Cafe, for operation of a
Boardwalk Cafe.
(4) Blaster Fries, Inc., t/a Lighthouse Cafe, for operation of a Boardwalk Cafe.
(5) BBH Hughes Corporation, t/a 18th Street Cafe, for operation of a Connector
Park Cafe.
(6) Giovanni's Inc, t/a Giovanni's Cafe, for operation of an Atlantic Avenue
Sidewalk Cafe.
(7) ANSHI, Inc., t/a Cancun Fiesta, for operation of an Atlantic Avenue Sidewalk
Cafe.
(8) 21 Fun, LLC, t/a Sharx, for operation of an Atlantic Avenue Side Street Cafe.
-67 -
Item V-5.
ORDINANCES/RESOLUTIONS ITEM # 60852
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT.
SUBSTITUTE RESOLUTION, to AUTHORIZE an application for an
allocation of up to $10,000,000 through the Virginia Department of
Transportation (VDOT) Revenue Sharing Program re Elbow Road
Extended — Phase A- and AUTHORIZE the City Manager to
EXECUTE all necessary agreements for project development and
construction
Voting: 11-0 (By Consent)
Council Members Voting Aye.-
Rita
ye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay.-
None
ay:
None
Council Members Absent:
None
April 26, 2011
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SUBSTITUTE RESOLUTION
A RESOLUTION TO AUTHORIZE AN APPLICATION FOR
PROJECT MATCHING FUNDS UNDER THE VDOT
REVENUE SHARING PROGRAM FOR THE ELBOW ROAD
EXTENDED — PHASE II PROJECT
WHEREAS, the City of Virginia Beach desires to submit an application for an
allocation of funds of up to $10,000,000 through the Virginia Department of
Transportation (VDOT) Fiscal Year 2011-12 Revenue Sharing Program; and
WHEREAS, up to $10,000,000 of VDOT funds are requested to fund
improvements as described in CIP #2-152, Elbow Road Extended — Phase II.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA THAT:
1. The City Council hereby supports the application for an allocation of up to
$10,000,000 through the VDOT Revenue Sharing Program to CIP #2-152, Elbow Road
Extended — Phase II; and
2. The City Manager is hereby authorized to execute on behalf of the City of
Virginia Beach all necessary agreements for project development and construction.
Adopted by the Council of the City of Virginia Beach, Virginia on theham_ day
Of April , 2011.
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
anagement Services P lic Works
APPROVED AS TO LEGAL SUFFICIENCY:
it rney's Office
CA11853
R-1
April 13, 2011
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SUBSTITUTE AGENDA REQUEST
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution to Authorize an Application for Project Matching Funds under the
VDOT Revenue Sharing Program for the Elbow Road Extended — Phase II
Project
MEETING DATE: April 26, 2011
■ Background: The General Assembly continued the VDOT Revenue Sharing
Program for FY 2011-12, which allows for a 50/50 match between the State and locality
for projects that can enhance safety and/or capacity. Effective July 1, 2011, localities
may apply for up to $10 million per year in matching funds (the previous limit was $1
million per year). In anticipation of that effective date, VDOT has requested applications
using the higher amount.
In a previous version of this agenda item, the City had identified the Nimmo Parkway —
Phase V-A project (CIP #2-121) as a candidate for this funding; however, since revenue
sharing funding would have only reimbursed the City for local funds in the project and
would not have advanced the project's schedule (construction is scheduled to begin this
summer), that project was not approved by the State.
As an alternative, the City has identified the Elbow Road Extended — Phase II project
(CIP #2-152) for revenue sharing funding. The Elbow Road project was chosen
because adding revenue sharing funds to available City funds would advance this
project more than the other projects that had been eliminated from the Governor's
Transportation Plan, and this project can meet the revenue sharing 2 -year construction
requirement. The Elbow Road Extended — Phase II project is currently in VDOT's Six -
Year Improvement Program and the City's Capital Improvement Program. The project
will alleviate traffic congestion on North Landing Road, South Independence Boulevard
and Lynnhaven Parkway. This project is scheduled to be advertised in FY 2017 and the
total project cost estimate is approximately $55 million.
■ Considerations: The Revenue Sharing Program gives those localities that
contribute a share equal to the matching requirement be given higher priority over other
localities. There is sufficient funding in the project to satisfy the required local match.
The additional State funding under the Revenue Sharing Program would help ensure
that the project receives adequate funding to be constructed in a timely manner.
■ Public Information: Public meetings have previously been held as part of the
design process. This item will be advertised as part of the normal Council agenda
process.
SUBSTITUTE AGENDA REQUEST
■ Recommendations: Adopt the attached resolution.
■ Attachments: Resolution and Location Map
Recommended Action: Approval
Submitting Department/Agency: Public Works EngineeringD
City ManagelZ
o
Item V -J. 6.
ORDINANCES/RESOLUTIONS ITEM # 60853
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Resolution to AUTHORIZE an Emergency Medical Services (EMS)
permit for providing private ambulance services to Eagle Medical
Transports, LLC
Voting: 11-0 (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,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
post -its Fax Note 7671
From
Co./Dept.
Phone # Phone #
Fax #
April 26, 2011
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A RESOLUTION TO APPROVE A EMS PERMIT FOR
PROVIDING PRIVATE AMBULANCE SERVICES
WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code §
10.5-2 , any individual or organization that desires to operate an emergency medical
services agency or emergency medical services vehicles in Virginia Beach for emergency
transport or non -emergency transport purposes must apply for a permit; and
WHEREAS, a request for establishment and an application for a permit has been
received from Eagle Medical Transports, LLC; and
WHEREAS, this request and application has been recommended for approval by
the Virginia Beach Department of Emergency Medical Services; and
WHEREAS, City Council finds the approval of this request and application is in the
best interests of the citizens of Virginia Beach as it will assure continued and adequate
emergency services and will preserve, protect and promote the public health, safety and
general welfare of the citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the request of Eagle Medical Transports, LLC for its application for an EMS
permit for providing private EMS ambulance services in the City of Virginia Beach is hereby
approved and granted, effective immediately and until June 30, 2011.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 2rth day of
April , 2011.
APPROVED AS TO CONTENT:
.71
Emergency Medical Services
CA11839
R-1
April 7, 2011
APPROVED AS TO LEGAL
SUFFICIENCY:
Item V -J. 7.
ORDINANCES/RESOLUTIONS ITEM # 60854
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT.•
Resolution to SUPPORT the Regional multi -use South Hampton Roads
Trail consisting of forty-one (41) miles of connective links in the Cities of
Chesapeake, Portsmouth, Norfolk, Suffolk and Virginia Beach
Voting: 11-0 (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,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
April 26, 2011
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A RESOLUTION IN SUPPORT OF A REGIONAL MULTI-
USE TRAIL CONSISTING OF APPROXIMATELY FORTY-
ONE MILES OF CONNECTIVE LINKS IN THE CITIES OF
CHESAPEAKE, PORTSMOUTH, SUFFOLK, NORFOLK
AND VIRGINIA BEACH
WHEREAS, the Cities of Chesapeake, Portsmouth, Suffolk, Norfolk and Virginia
Beach are in the process of determining regional support for a multi -use trail designed
to pass through the five Southside jurisdictions; and
WHEREAS, the proposed multi -use trail ("South Hampton Roads Trail" or SHRT)
would consist of approximately forty-one miles of trails, allowing users to travel from
downtown Suffolk to the Virginia Beach Oceanfront, as shown on the attached map; and
WHEREAS, the SHRT would offer recreational, health and fitness opportunities
to a large number of Hampton Roads citizens and visitors; and
WHEREAS, the SHRT would provide an alternative method of transportation,
thereby reducing traffic congestion and improving the environment; and
WHEREAS, the SHRT would help facilitate increased opportunities for children to
walk or bicycle safely to school; and
WHEREAS, the SHRT would help promote tourism by providing visitors with a
safe and attractive venue for visiting the many scenic and historic points of interest
within Hampton Roads; and
WHEREAS, all or a part of the SHRT could become a component of the
"Beaches to Bluegrass Trail" as is currently planned by the Virginia Department of
Conservation and Recreation, as described in the 2007 Virginia Outdoors Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City of Virginia Beach fully supports the further consideration and
development of a plan for a South Hampton Roads Trail, including discussions by staff
with other regional participants and a willingness to join a regional coalition, if one
develops, among the Southside municipalities.
Adopted by the Council of the City of Virginia Beach, Virginia on the ?titr
day of April 2011.
APPWOVE3D AS TO CONTENT
Dept. of
CA 11842
R-2
April 13, 2011
and Recreation
APPROVED AS TO LEGAL SUFFICIENCY
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70 -
Item V -J. 8.
ORDINANCES/RESOLUTIONS ITEM # 60855
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT.•
Ordinance to AUTHORIZE temporary encroachments into a portion of
City -owned property re a variable width canal, known as Treasure
Cove/Canal, for Gregory P. and Beth A. Strangeways to maintain an
existing bulkhead and wharf and construct and maintain two (2) wharfs
and boatlifts at 2317 Spindrift Road
The following conditions shall be required:
The Temporary Encroachment will be constructed and maintained in accordance with
the laws of the Commonwealth of Virginia and the City of Virginia Beach and in
accordance with the City's specifications and approval.
2. Providing, however, nothing herein shall prohibit the Cityfrom immediately removing,
or ordering the Grantee to remove, all or any part of the Temporary Encroachment
from the Encroachment Area in the event of an emergency or public necessity. The
Grantee shall bear all costs and expenses of such removal.
3. The Temporary Encroachment herein authorized terminates upon notice by the City to the
Grantee, and that within thirty (30) days after the notice is given, the Temporary
Encroachment must be removed from the Encroachment Area by the Grantee. The
Grantee will bear all costs and expenses of such removal.
4. The Grantee shall indemnify, hold harmless and defend the City, its agents and
employees, from and against all claims, damages, losses and expenses, including
reasonable attorney's fees, in case it shall be necessary to file or defend an action arising
out of the construction, location or existence of the Temporary Encroachment.
5. Nothing herein contained shall be construed to enlarge the permission and authority to
permit the maintenance or construction of any encroachment other than that specified
herein and to the limited extent specified herein nor to permit the maintenance and
construction of any encroachment by anyone other than the Grantee.
6. The Grantee agrees to maintain the Temporary Encroachment so as not to become
unsightly or a hazard.
7. The Grantee must obtain a permit from the Department of Planning prior to commencing
any construction within the Encroachment Area (the "Permit').
April 26, 2011
-71 -
Item V -J. 8.
ORDINANCES/RESOLUTIONS ITEM # 60855 (Continued)
8. The Grantee shall establish and maintain a riparian buffer, which shall be a minimum of
fifteen (15) feet in width landward from the shoreline, shall run the entire length of the
shoreline and shall consist of a mulched planting bed and contain a mixture of shrubs
and perennial plants (the "Buffer'). The Buffer shall not be established during the
months of June, July or August so that it has the greatest likelihood of survivability.
Prior to the City issuing a Permit, the Grantee must post a bond, or other security, in an
amount equal to the estimated cost of the required Buffer plantings to the Department of
Planning to insure completion of the required Buffer. The Grantee shall notify the
Department of Planning when the Buffer is complete and ready for inspection. Upon
satisfactory completion of the Buffer, as determined by the City, the bond shall be
released. An access path, stabilized appropriately to prevent erosion, through the Buffer
to the shoreline is allowed.
9. The Grantee must obtain and keep in force all-risk property insurance and general
liability, or such insurance as is deemed necessary by the City, and all insurance policies
must name the City as additional named insured or loss payee, as applicable. The
Grantee also agrees to carry comprehensive general liability insurance in an amount not
less than $500, 000. 00, combined single limits of such insurance policy or policies. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location and/or existence of the Temporary
Encroachment.
10 The Temporary Encroachment must conform to the minimum setback requirements as
established by the City.
11. The Grantee must submit, for review and approval, a survey of the Encroachment Area,
certified by a registered professional Engineer or a licensed Land Surveyor, and/or "as
built" plans of the Temporary Encroachment sealed by a registered professional
Engineer, if required by either the City Engineer's Office or the Engineering Division of
the Department of Public Utilities.
12. The City, upon revocation of such authority and permission so granted, may remove the
Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost
in any manner provided by law for the collection of local or state taxes, may require the
Grantee to remove the Temporary Encroachment, and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and, if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
April 26, 2011
!IVPZ
Item V -J.8.
ORDINANCES/RESOLUTIONS ITEM # 60855 (Continued)
Voting: 11-0 (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,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay.-
None
ay:
None
Council Members Absent:
None
April 26, 2011
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF A VARIABLE
6 WIDTH CANAL ON CITY PROPERTY
7 KNOWN AS TREASURE COVE/CANAL
8 LOCATED AT THE REAR OF 2317
9 SPINDRIFT ROAD, FOR PROPERTY
10 OWNERS GREGORY P.
11 STRANGWAYS AND BETH A.
12 STRANGWAYS
13
14 WHEREAS, Gregory P. Strangways and Beth A. Strangways desire to maintain
15 an existing bulkhead and wharf and to construct and maintain a 4' x 30' wharf, a 12' x
16 16' wharf and a 12' x 12' boatlift, collectively, upon a portion of City property known as
17 Treasure Cove/Canal located at the rear of 2317 Spindrift Road, in the City of Virginia
is Beach, Virginia; and
19
20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
22 City's property subject to such terms and conditions as Council may prescribe.
23
24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Gregory P. Strangways and
28 Beth A. Strangways, their heirs, assigns and successors in title are authorized to
29 construct and maintain temporary encroachments for a proposed 4' x 30' wharf, a 12' x
30 16' wharf and a 12'x 12' boatlift and to maintain an existing bulkhead and wharf upon a
31 portion of City property as shown on the map marked Exhibit "A" and entitled: "EXHIBIT
32 A ENCROACHMENT OF PROPOSED WHARFS & BOATLIFT FOR GREGG & BETH
33 STRANGWAYS LOT 243, SECTION TWO, BAY ISLAND SCALE: 1" = 30' DATE: 11-
34 15-2010 SHEET: 1," a copy of which is on file in the Department of Public Works and to
35 which reference is made for a more particular description; and
36
37 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
38 subject to those terms, conditions and criteria contained in the Agreement between the
39 City of Virginia Beach and Gregory P. Strangways and Beth A. Strangways (the
40 "Agreement"), which is attached hereto and incorporated by reference; and
41
42 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
43 is hereby authorized to execute the Agreement; and
44
45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
46 time as Gregory P. Strangways and Beth A. Strangways and the City Manager or his
47 authorized designee executes the Agreement.
48
49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26thday
50 of np; 1 , 2011.
CA -11677
R-1
PREPARED: 3/31/11
APPROVED AS TO CONTENTS
>;k C.
BLIC WORKS, REAL ESTATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
* EY
ASSI TANT CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 15th day of April, 2011, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and GREGORY P. STRANGWAYS and
BETH A. STRANGWAYS, husband and wife, THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, "Grantee", even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as "Lot 243", as shown on that certain plat
entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA.
LYNNHAVEN MAGISTERIAL DISTRICT Scale 1" = 100' October, 1958, prepared by
FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK,
VA — PRINCESS ANNE COURTHOUSE, VA.," and said plat is recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page
15, and being further designated, known, and described as 2317 Spindrift Road,
Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to maintain an existing
bulkhead and wharf and to construct and maintain a 4'x 30' wharf, a 12'x 16' wharf and
a 12' x 12' boatlift atop four (4) 8" x 30' piles, collectively, the "Temporary
Encroachment", in the City of Virginia Beach; and
GPIN: (NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS
TREASURE COVE/CANAL)
2409-09-3515-0000; (2317 Spindrift Road)
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of a variable
width canal on City property known as Treasure Cove/Canal, the "Encroachment Area";
and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A
ENCROACHMENT OF PROPOSED WHARFS & BOATLIFT
FOR GREGG & BETH STRANGWAYS LOT 243, SECTION
TWO, BAY ISLAND SCALE: 1" = 30' DATE: 11-15-2010
SHEET: 1," a copy of which is attached hereto as Exhibit "A"
and to which reference is made for a more particular
description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
K
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Department of Planning prior to commencing any construction within
the Encroachment Area (the "Permit").
It is further expressly understood and agreed that the Grantee shall
establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width
landward from the shoreline, shall run the entire length of the shoreline, and shall
consist of a mulched planting bed and contain a mixture of shrubs and perennial plants
3
(the "Buffer"). The Buffer shall not be established during the months of June, July, or
August, so that it has the greatest likelihood of survivability. Prior to the City issuing a
Permit, the Grantee must post a bond or other security, in an amount equal to the
estimated cost of the required Buffer plantings, to the Department of Planning to insure
completion of the required Buffer. The Grantee shall notify the Department of Planning
when the Buffer is complete and ready for inspection; upon satisfactory completion of
the Buffer as determined by the City, the bond shall be released. An access path,
stabilized appropriately to prevent erosion, through the Buffer to the shoreline is
allowed.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
19
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
by either the City Engineer's Office or the Engineering Division of the Department of
Public Utilities.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Gregory P. Strangways and Beth A.
Strangways, the said Grantees, have caused this Agreement to be executed by their
signatures. Further, that the City of Virginia Beach has caused this Agreement to be
executed in its name and on its behalf by its City Manager and its seal be hereunto
affixed and attested by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2011, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires: _
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 2011, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
Notary Registration Number:
My Commission Expires: _
on
Notary Public
(SEAL)
By /✓�
Gregory P. Strangways, Owner
STATE OF i kA A_--)
CITY/COUNTY O L-- , to -wit:
The foregoing instrument was acknowledged before me this GO day of
I , 2011, by Gregory P. Strangways.
(SEAL)
Notary Pubic
Notary Registration Number: 333 I Air& CT�Y rp
My Commission Expires:
n g r
q00 EARTH
STATE OF�-
CITY/COUNTY Q LA \ q! 441 Ik f6eac/ ; [o -wit:
The foregoing instrument was acknowledged before me this q day of
v - , 2011, by Beth A. Strangways.
7
SEAL)
Notary Public
IC `y
gistration Number:
ic
Vtrpinia
ED7110RADONALO
My Commission Expires: }
Jan 31, 2014
7
APPROVED AS TO CONTENTS
C.O S
NATURE
pb) RCA( E5m
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
ARMEYER,
ASSTS ANT CITY ATTORNEY
PROPOSED BOATUFT ATOP
FOUR (4) a-ox30' PILES
a r
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2313 SPINDRIFT RD.
GPIN-. 2409 09 4534
LOT 242
CIN"'`""
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12' MLW AND MHW REACH
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ELAINE EARLEY
2321 SPINDRIFT RD.
GPIN: 2:409 09 2505
_ LOT 244
GREGG 3 BETH STRANGWAYS "
LOT 243
GPIN 1: 2400493515 ,
INSTRUMENT 1:201008170001140850
M.B. 48 PG. 15 ...
_
A-1 20.00' L-2311.59'
SPINDRIFT ROAD 0`'d� so•
(50' R f W)
APPMATION BY: EXHIBIT A
GREGG S BETH STRANGWAYS ENCROACHMENT OF PROPOSED
2317 SPINDRIFT ROAD WHARFS S BOATLIFT
VIRGIMA BEACH. VA 23451 FOR SHEET: 1
GREGG & BETH STRANGWAYS
GPIN #: 240MO.3515 LOT 243. SECTION TWO, BAY ISLAND DATE: 1145-2010
- 73-
Item
3-
Item V-19.
ORDINANCES/RESOLUTIONS ITEM # 60856
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT.
Resolution to APPOINT Debra M. Bryan as Associate City Attorney
effective May 2, 2011
Voting: 11-0 (By Consent)
Council Members Voting Aye.-
Rita
ye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
April 26, 2011
1
2
3
4
5
6
7
8
9
10
11
A RESOLUTION APPOINTING DEBRA M. BRYAN TO THE
POSITION OF ASSOCIATE CITY ATTORNEY
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That pursuant to § 2-166 of the City Code, Debra M. Bryan is hereby appointed to
the position of Associate City Attorney, effective May 2, 2011.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 26thday of
April —12011.
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY:
City Attorney's Office
CA11848
R-1
April 11, 2011
-74 -
Item
74 -
Item V J.10.
ORDINANCES/RESOLUTIONS ITEM # 60857
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to APPROPRIATE $1,500 in donations and $6,400 in
revenue to the FY 2010-11 Operating Budget of the Office of the City
Clerk and donate these funds to the Sister Cities Association of Virginia
Beach, Inc.
Voting: 11-0 (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,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay.-
None
ay:
None
Council Members Absent:
None
April 26, 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
26
27
28
AN ORDINANCE TO APPROPRIATE DONATIONS
AND FUND BALANCE TO THE FY 2010-11
OPERATING BUDGET OF THE OFFICE OF THE
CITY CLERK AND TO DONATE FUNDS TO SISTER
CITIES ASSOCIATION OF VIRGINIA BEACH, INC.
WHEREAS, during FY 2009-10 and FY 2010-11, the City has received donations
totaling $7,550 on behalf of the Sister Cities Association of Virginia Beach, Inc., a non-
profit, 501(c)(3) organization that it now needs to distribute to that organization; and
WHEREAS, Sister Cities Association of Virginia Beach, Inc. provides services to
the community by promoting cultural and business understandings between Virginia
Beach and international communities, including Moss, Norway, Miyazaki, Japan, and
North Down Borough Council (Bangor), Northern Ireland.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA THAT:
1) $1,150 in donations for the Sister Cities program is hereby appropriated,
with estimated revenues from donations increased accordingly, to the FY
2010-11 Operating Budget of the Office of the City Clerk;
2) $6,400 is hereby appropriated from the fund balance of the General Fund to
the FY 2010-11 Operating Budget of the Office of the City Clerk; and
3) Funds in the amount of $7,550 shall be donated to Sister Cities Association
of Virginia Beach to serve the community and promote the purposes for
which Sister Cities Association of Virginia Beach was organized.
Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day
of --Apr i-,. _, 2011.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
Vanagefnedt Services
CA11855
R-2
April 19, 2011
APPROVED AS TO LEGAL SUFFICIENCY:
City orney's Office
I
-75-
Item K.
PLANNING ITEM # 60858
1. HERBERT S. MCCOY
2. TRAVIS and ANN FOX
3. BA YBERR Y RENTALS, LLC
4. CRAB POT SEAFOOD TIA KICKERS CRAB POT/
RAY D. JR. and MICHELLE R. WICKER
5. S.S.K HOSPITALITY, LLC
SUBDIVISION VARIANCE
SUBDIVISION VARIANCE
NONCONFORMING USE
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
6. JIM CAPLAN/HIC, LLCIMACH ONE, LLC/HIF, LLC CONDITIONAL USE PERMIT
7. MADISONLANDING, LLC
MODIFICA TION OF A
CONDITIONAL CHANGE OF
ZONING
8. Ordinance to AMEND the City Zoning Ordinance
(a) Sections 401, 901, 1511 and 1512 re
recreational facilities other than
those of an outdoor nature.
(b) Sections 203 and 236 re off-street
Parking requirements
9. Ordinance to AMEND the Comprehensive Plan
by adopting the Bikeways and Trails
Plan, dated February 15, 2011, and
revising the Policy Document.
10. Ordinance to AMEND the City's Landscaping Guide
to include Amendments re bicycling
Parking and permeable paving system
April 26, 2011
MUM
Item K.
PLANNING ITEM # 60859
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION Items 1, 2, 3, 4, 6, 7, 8a, 8b (Substitute Ordinance), 9 and and 10 of the PLANNING BY
CONSENT AGENDA:
Voting: 11-0 (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,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
Council Members Absent:
None
April 26, 2011
-77 -
Item
77 -
Item K.1.
PLANNING ITEM # 60860
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet
the requirements of the City Zoning Ordinance (CZO) for HERBERT S. MCCOY to subdivide the site
into two (2) single family lots at 213 West Lane. (GPIN 2407952173) DISTRICT 6 — BEACH
The following conditions shall be required.-
The
equired:
The site shall be developed substantially in accordance with the submitted subdivision plan
entitled "Preliminary Subdivision Plat of Lot A, Block 7, Oceana Gardens, Virginia Beach,
Virginia, " dated 11124110 and prepared by Timothy M. Fallon. Said plan has been
exhibited to the Virginia Beach City Council and is on file in the Planning Department.
2. This approval is for the existing structure only. Any new structures or additions to the
existing structure must meet setback requirements unless a variance is granted by the Board
of Zoning Appeals.
3. A note must be placed on the subdivision plat stating that this subdivision is approved only
for single family dwelling/.
4. The existing detached garage must be removed prior to plat recordation.
Voting: 11-0 (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,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
April 26, 2011
EV:T
Item K.2.
PLANNING ITEM # 60861
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet
the requirements of the City Zoning Ordinance (CZO) for TRAVIS and ANN FOX re an undeveloped lot
at Riddick Lane and Indian River Road. (GPIN 1493237714)
DISTRICT 6 - PRINCESS ANNE,
The following condition shall be required:
The site shall be developed substantially in accordance with the submitted subdivision plan
entitled "Subdivision of Property of Travis M. & Anne L. Fox on Riddick Lane, " dated
January 3, 2011 and prepared by WPL, Inc. Said plan has been exhibited to the Virginia
Beach City Council and is on file in the Planning Department.
Voting: 11-0 (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,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
April 26, 2011
Item K.3.
PLANNING
-79 -
Item
79 -
ITEM # 60862
Upon motion by Vice Mayor Jones, seconded by Councilman
CONSENT, Ordinance upon application of BAYBERRY
Nonconforming Use, (existing duplex) 2301 Bayberry
1590514419).
DISTRICT 5 — LYNNHAVEN
The following conditions shall be required:
Dyer, City Council ADOPTED, BY
RENTALS, LLC, Enlargement of a
Street, Suite A and B (GPIN
1. The proposed additions to the duplex shall substantially adhere to the submitted plan titled
"VARIANCE EXHIBIT PROPOSED DUPLEX EXPANSION", dated January 5, 2011, and
prepared by Gallup Surveyors and Engineers, LTD. Said plan has been exhibited to the
Virginia Beach City Council and is on file in the Planning Department.
2. The proposed additions and renovations to the duplex shall substantially adhere to the
submitted elevations titled "ELEVATION STUDIES, 2301 Bayberry Street, Virginia Beach,
Virginia ", prepared by Porterfield Design Center. Said elevation has been exhibited to the
Virginia Beach City Council and is on file in the Planning Department.
3. Building material shall include cement board siding and architectural grade roofing
shingles. The windows, doors, porch railings and columns shall be vinyl clad.
4. Before any land disturbance, the applicant/developer shall submit a tree protection plan,
certified by a landscape professional as defined in the Site Plan Ordinance, Section 5A, for
review and approval by the current Planning Staff in the Planning Department.
5. If any live oak trees (Quercus Virginia) are removed in the course of construction, the
applicant/developer volunteers to make a donation to the City's Tree Restoration — Shore
Drive Area Trust Fund in the amount of $5, 000 to offset the loss of any live oak (Quercus
Virginia) trees on the property to be developed. The applicant volunteers such donation in
addition to an offer to transplant live oak tree seedlings on the property.
Voting: 11-0 (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,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
April 26, 2011
1 A RESOLUTION AUTHORIZING THE
2 ENLARGEMENT OF A NONCONFORMING
3 USE ON PROPERTY OWNED BY
4 BAYBERRY RENTALS, LLC AND LOCATED
5 AT 2301A AND 2301 B BAYBERRY STREET
6
7
8 WHEREAS, Bayberry Rentals, LLC, (hereinafter the "Applicant") has made
9 application to the City Council for authorization to enlarge a nonconforming use having
10 the addresses of 2301A and 2301B Bayberry Street, in the R-7.5 Residential District, by
11 enlarging an existing duplex; and
12
13 WHEREAS, a duplex is nonconforming as it is not allowed in the R-7.5 Zoning
14 District; and
15
16 WHEREAS, the duplex was constructed when it was an allowed use in the
17 applicable zoning district; and
18
19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
20 enlargement of a nonconforming use is unlawful in the absence of a resolution of the
21 City Council authorizing such action upon a finding that the proposed use, as enlarged,
22 will be equally appropriate or more appropriate to the zoning district than is the existing
23 use;
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
28 That the City Council hereby finds that the proposed use, as enlarged, will be
29 equally appropriate to the district as is the existing use under the conditions of approval
30 set forth hereinbelow.
31
32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
33 BEACH, VIRGINIA:
34
35 That the enlargement of the nonconforming use is hereby authorized, upon the
36 following conditions:
37
38 1. The proposed additions to the duplex shall substantially adhere to the submitted
39 plan titled "VARIANCE EXHIBIT PROPOSED DUPLEX EXPANSION", dated
40 January 5, 2011 and prepared by Gallup Surveyors and Engineers, LTD. Said
41 plan has been exhibited to the Virginia Beach City Council and is on file in the
42 Planning Department.
43
44 2. The proposed additions and renovations to the duplex shall substantially adhere
45 to the submitted elevations titled "ELEVATION STUDIES, 2301 Bayberry Street,
46 Virginia Beach, Virginia", prepared by Porterfield Design Center. Said elevation
47 has been exhibited to the Virginia Beach City Council and is on file in the
48 Planning Department.
49
50 3. Building material shall include cement board siding and architectural grade
51 roofing shingles. The windows, doors, porch railings, and columns shall be vinyl
52 clad.
53
54 4. Before any land disturbance the applicant / developer shall submit a tree
55 protection plan, certified by a landscape professional as defined in the Site Plan
56 Ordinance, Section 5A, for review and approval by the Current Planning staff in
57 the Planning Department.
58
59 5. If any live oak trees (Quercus Virginia) are removed in the course of construction
60 the applicant / developer volunteers to make a donation to the City's Tree
61 Restoration — Shore Drive Area Trust Fund in the amount of $5,000 to offset the
62 loss of any live oak (Quercus Virginia) trees on the property to be developed. The
63 applicant volunteers such donation in addition to an offer to transplant live oak
64 tree seedlings on the property.
65
66 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day
67 of April , 2011.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Pland'ing Depa ment City Attorney's Office
CA11846/ R-2 /April 14, 2011
Item K.4.
PLANNING ITEM # 60863
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance upon Application of CRAB POT SEAFOOD TIA WICKERS CRAB POT/RAY
D. JR. and MICHELLE R. WICKER for a Conditional Use Permit re a home occupation (operation of
two (2) crab boats, for profit) at 3537 Byrn Brae Drive on the Elizabeth River. (GPIN 1447903402).
DISTRICT 2—KEMPSVILLE,
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of CRAB POT SEAFOOD TIA WICKERS
CRAB POT/RAY D. JR. and MICHELLE R. WICKER for a
Conditional Use Permit re a home occupation (operation of two (2)
crab boats, for profit) at 3537 Byrn Brae Drive on the Elizabeth River.
(GPIN 1447903402).
DISTRICT 2—KEMPSVILLE RO41137469
The following conditions shall be required:
Seafood, vehicles, crab pots, bait, peach baskets, wooden and plastic containers or any
equipment associated with the commercial crabbing business, other than three (3) boats,
shall not be stored, delivered, cleaned, loaded, repaired or even present on the property or
within the right-of-way at any time. Winterizing or repair of boats used for the commercial
business shall not be allowed.
2. Consistent with the requirements of the Zoning Ordinance, no more than one (1) employee
shall be employed and on the property who is associated with the home based business. Said
employee shall park their personal vehicle only on the property, in the driveway, not in the
yard.
3. There shall be no sign identifying the business on the exterior of any building on the
property or within the yard of the property.
4. All seafood caught for commercial purposes shall be delivered and off-loaded to commercial
operations and shall not be permitted to be delivered to or off-loaded from this site.
5. Retail sales or pick-up of any commercial seafood by individuals or other commercial or
nonprofit establishments shall be prohibited.
6. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical
interference, fire hazard or any other hazard or nuisance to any greater or more frequent
extent than would normally be expected in the neighborhood under normal circumstances
wherein no home occupation exists.
The conditional use permit for a home occupation is approved for a period of one (1) year
with an administrative review and renewal (inappropriate) every year thereafter.
April 26, 2011
-81 -
Item K.4.
PLANNING ITEM # 60863 (Continued)
This Ordinance shall be effective in accordance with Section 107 () of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-sixth day of April, Two
Thousand Eleven
Voting: 11-0 (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,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay.-
None
ay:
None
Council Members Absent:
F00M
April 26, 2011
9FINE
Item K. 5.
PLANNING ITEM # 60864
Ketan Patel, 395 Norfolk Avenue, Phone: 428-3600, the applicant, advised the request is for a
Conditional Use Permit re a commercial parking lot. There is a demand by tourists to use this site as
commercial parking. This would allow the hotel to charge for tourists' parking.
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council DENIED Ordinance
upon application of S.S.K. HOSPITALITY, LLC for a Conditional Use Permit re a commercial parking
lot at 395 Norfolk Avenue. (GPIN 2427147277; 2427147281)
DISTRICT 6 — BEACH
Voting: 11-0 (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,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
April 26, 2011
-83 -
Item K. 6.
PLANNING ITEM # 60865
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance upon application of JIM CAPLANIHIC, LLC/MACH ONE, LLC/HIF, LLC for
a Conditional Use Permit to allow an addition to an existing building for indoor recreation at 3877
Holland Road. (GPIN 1486248827)
DISTRICT 3 - ROSE HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of JIM CAPLAN/HIC, LLCIMACH ONE,
LLC/HIF, LLC for a Conditional Use Permit to allow an addition to an
existing building for indoor recreation at 3877 Holland Road. (GPIN
1486248827)
DISTRICT 3 - ROSE HALL RO41137470
The following conditions shall be required:
The building expansion shall be constructed in substantial conformance with the
elevation entitled, "Revised 317111, " dated 317111, which has been exhibited to the City
Council and is on file in the Planning Department.
2. This Conditional Use Permit is valid for the 22, 000 square feet and any other units on
this property in the event the applicant wishes to expand.
3. The applicant shall obtain all necessary permits and inspections from the Planning
Department/Permits and Inspections Division and the Fire Department and shall obtain
a Certificate of Occupancy from the Building Official's Office for this unit and any other
units on this property in the event the applicant wishes to expand.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-sixth day of April, Two
Thousand Eleven
April 26, 2011
-84 -
Item K. 6.
PLANNING ITEM # 60865 (Continued)
Voting: 11-0 (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,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
April 26, 2011
-85 -
Item K. 7
PLANNING ITEM # 60866
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance upon application of MADISON LANDING, LLC for a Modification of a
Conditional Change of Zoning (approved by City Council April 8, 2008) to allow development of fourteen
(14) multi family dwelling units in a mix of townhome and flat style dwellings at 827 Muth Lane.
(GPIN 1468531112) DISTRICT 4 - BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of MADISON LANDING, LLC for a
Modification of Conditional Change of Zoning (approved by City
Council April 8, 2008) to allow development of fourteen (14) multi-
family dwelling units in a mix of townhome and flat style dwellings at
827 Muth Lane.
(GPIN 1468531112) DISTRICT 4 - BAYSIDE
The following condition shall be required:
LAn Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107 )) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-sixth day of April, Two
Thousand Eleven
Voting: 11-0 (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,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
April 26, 2011
BFA
In Reply Refer To Our File No. DF -7939
TO: Mark D. Stiles
FROM: B. Kay Wilsoemo
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: April 11, 2011
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Madison Landing, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on April 26, 2011. 1 have reviewed the subject proffer agreement, dated
November 30, 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.
B KW/ka
Enclosure
cc: Kathleen Hassen
d
tlQ
If
/ U
j
l OF OUR
In Reply Refer To Our File No. DF -7939
TO: Mark D. Stiles
FROM: B. Kay Wilsoemo
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: April 11, 2011
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Madison Landing, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on April 26, 2011. 1 have reviewed the subject proffer agreement, dated
November 30, 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.
B KW/ka
Enclosure
cc: Kathleen Hassen
d
PREPARED BY:
.30 SUES, POURDON,
M r'4 IERN & LEW, P.C.
I
FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND
CONDITIONS
MADISON LANDING, L.L.C., a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 30th day of November, 2olo, by and between
MADISON LANDING, L.L.C., a Virginia limited liability company, Grantor; and THE CITY
OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of that certain parcel of property located in
the Bayside District of the City of Virginia Beach, Virginia, containing approximately 1.49
acres, which is more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference said property hereinafter referred to as the
"Property"; and
WHEREAS, the Grantor has initiated a modification to a conditional amendment to
the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to
modify conditions to the Zoning Classification of the Property; and
WHEREAS, the Grantor has requested Grantee to permit this modification of the
previously proffered Covenants, Restrictions and Conditions dated February 12, 2oo8 and
recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,
Virginia as Instrument #20080418o00445530 (hereinafter "2008 Proffers"), to reflect
amendments applicable to the land use plan on the Property; 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: 1468-53-1112
Prepared By: R. Edward Bourdon, Jr., Esquire
Sykes, Bourdon, Ahern & Levy, P.C.
281 Independence Blvd.
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
1
e
PREPARED BY:
M SYKES, POURDON,
M rVIERN & LEVY. P.C.
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to recognize
the effects of change that will be created by the proposed modification of conditions to the
zoning, 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
resolve the situation to which the application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as. a part of the proposed modification to
the existing zoning conditions with respect to the Property, the following reasonable
conditions related to the physical development, operation, and use of the Property to be
adopted, which conditions have a reasonable relation to the proposed modification and the
need for which is generated by the proposed modification.
NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns,
grantees, and other successors in title or interest, voluntarily and without any requirement
by or exaction from the Grantee or its governing body and without any element of
compulsion or -quid pro -quo for zoning, rezoning, site plan, building permit, or subdivision
approval, hereby makes the following declaration of conditions and restrictions which
shall restrict and govern the physical development, operation, and use of the Property and
hereby covenants and agrees that this declaration shall constitute covenants running with
the Property, which shall be binding upon the Property and upon all parties and persons
claiming under or through the Grantor, its successors, personal representatives, assigns,
grantees, and other successors in interest or title:
1. When the Property is developed, it shall be as a residential condominium in
substantial conformity with the "CONCEPTUAL SITE LAYOUT &LANDSCAPE PLAN Of
MADISON LANDING VIRGINIA BEACH, VIRGINIA„ dated 11/29/10, prepared by MSA,
P.C. (the "Concept Plan") a copy of which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning.
2. When the Property is developed, Grantor shall install landscaping in
substantial conformity with the landscaping shown on the Concept Plan.
3. When the Property is developed, the structures sho-wn on the Concept Plan
shall be developed using architectural designs and building materials shown on the
2
PREPARED BY:
4118 SYKES, -ROURDON,
W tVIERN & LEVY, P.C.
rendering entitled "MADISON LANDING CONDOMINIUMS", a copy of which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning.
4. On or before the date Grantor obtains a building permit for any structure to
be constructed upon the Property, Grantor shall record a Deed or Plat dedicating to
Grantee the portion of the Property along Newtown Road shown on the Concept Plan as
"+/- 7' R/W Dedication". Grantor shall not be entitled to any compensation for the value
of the Property dedicated to Grantee.
5. When the Property is developed, the Grantor shall record a Declaration
submitting the Property to the Condominium Act of the Commonwealth of Virginia. The
Condominium Unit Owners' Association shall be responsible for maintaining all open
spaces, common areas, landscaping and other improvements on the Property as depicted
on the Conceptual Plan.
6. 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.
7. The Covenants, Restrictions and Conditions set forth herein replace and
supersede the 2008 Proffers.
The Grantor further covenants and agrees that:
All references hereinabove to the A-12 Apartment 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
i
3
PREPARED BY:
SYK ES. BOURDON,
M t' NER'd & LM'. P.C.
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, 195o, 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.
(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 Grantors 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 Grantors and the Grantee.
0
WITNESS the following signature and seal:
Grantor:
Madison Landing, L.L.C., a Virginia limited liability
company
�vt D�
By: (SEAL)
Steven Bishard, Managing Member
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this 1st day of December,
201o, by Steven Bishard, Managing Member of Madison Landing, L.L.C., a Virginia
limited liability company, Grantor. .
Notary Public
My Commission Expires: August 31, 2014
Notary Registration No.: 192628
PREPARED BY:
6► i SYKES, BOURDON.
W Aum & L£ y, P.C.
5
PREPARED BY:
-3M SUES, POMPON,
M AHMN, & LEVY. P.C.
EXHIBIT "A"
ALL THOSE certain lots, pieces or parcels of land, with the improvements thereon, lying,
situate and being in the City of Virginia Beach, Virginia:
BEGINNING at a point on the northern side of Newtown Road 490 feet East of Diamond
Springs Road at an old bent pipe on the North side of Newtown Road; thence running North
7 degrees 59' East 387.17 feet to a point at the Southwest corner of the property of Pearlie
Henry Davis; thence running North 85 degrees West 133.40 feet to a point; thence running
South 8 degrees 30' West 387.37 feet to an old pin on the north side of Newtown Road;
thence running North 85 degrees West 130 feet to the point of beginning.
GPIN: 1468-53-1112
H:\AM\ModificationofProffers\Madison Landinff irst Amendment to Proffers.doc
9
Item K 8alb
PLANNING
ITEM # 60867
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to AMEND the City Zoning Ordinance (CZO):
a. Sections 401, 901, 1511 and 1512 re recreational facilities other
than those of an outdoor nature
b. SUBSTITUTE ORDINANCE, BY CONSENT, Sections 203 and 236 re
Off-street parking requirements.
Voting: 11-0 (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,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay.-
None
ay:
None
Council Members Absent:
None
April 26, 2011
1
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AN ORDINANCE TO AMEND SECTIONS 401, 901,
1511 AND 1512 OF THE CITY ZONING
ORDINANCE PERTAINING TO RECREATIONAL
FACILITIES OTHER THAN THOSE OF AN
OUTDOOR NATURE
City Zoning Ordinance Sections Amended: §§ 401,
901, 1511 and 1512
WHEREAS, the public necessity, convenience, general welfare and good zoning
practice so require,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 401, 901, 1511 and 1512 of the City Zoning Ordinance are hereby
amended and reordained to read as follows:
ARTICLE 4. AGRICULTURAL DISTRICTS
Sec. 401. Use regulations.
(a) Principal and conditional uses. The following chart lists those uses permitted within
the AG -1 and AG -2 Agricultural Districts. Those uses and structures in the
respective agricultural districts shall be permitted as either principal uses indicated
by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by
an "X" shall be prohibited in the respective districts. No uses or structures other
than as specified shall be permitted.
Use AG -1 AG -2
Recreation facilities C C
other than those of an outdoor
nature
ARTICLE 9. BUSINESS DISTRICTS
Sec. 901. Use regulations.
47
48
49
50
51
52
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55
56
57
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(a) Principal and conditional uses. The following chart lists those uses permitted within
the B-1 through B -4K Business Districts. Those uses and structures in the
respective business districts shall be permitted as either principal uses indicated by
a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an
"X" shall be prohibited in the respective districts. No uses or structures other than
as specified shall be permitted.
Use B-1 B -1A B-2 B-3 B -3A B-4 B -4C B -4K
CeFnrneF Recreation X X C C C P C X
facilities other than those
of an outdoor nature,
with a floor area greater
than 7,500 square feet
Recreational facilities X X P P P P P X
other than those of
an outdoor nature, with
a maximum floor area of
7,500 square feet
ARTICLE 15. RESORT TOURIST DISTRICTS
A. RT -1 RESORT TOURIST DISTRICT
B. RT -2 RESORT TOURIST DISTRICT
Sec. 1511. Use regulations.
(a) The following chart lists those uses permitted within the RT -2 Resort Tourist District
as either principal uses, as indicated by a "P," or as conditional uses, as indicated
by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2
(section 220 et seq.). Buildings within the RT -2 District may include any principal or
conditional uses in combination with any other principal or conditional uses. No
uses or structures other than those specified shall be permitted. All uses, whether
principal or conditional, should to the greatest extent possible adhere to the
provisions of the Oceanfront Resort Area Design Guidelines.
Use
Ci0a
GemmeF Recreation facilities P
other than those of an outdoor nature
C. RT -3 RESORT TOURIST DISTRICT
Sec. 1521. Use regulations.
(a) The following chart lists those uses permitted within the RT -3 Resort Tourist District
as either principal uses, as indicated by a "P" or as conditional uses, as indicated by
a "C." Conditional uses shall be subject to the provisions of Part C of Article 2
(section 220 et seq.). Except for single-family, duplex, semidetached and attached
dwellings, buildings within the RT -3 District may include any principal or conditional
uses in combination with any other principal or conditional use. No uses or
structures other than those specified shall be permitted. All uses, whether principal
or conditional, should to the greatest extent possible adhere to the provisions of the
Oceanfront Resort Area Design Guidelines.
Use
RT -3
CommeF Recreation facilities C
other than those of an outdoor nature,
with a floor area greater than 7,500
square feet
Recreational facilities other than P
those of an outdoor nature, with
a maximum floor area of 7,500
square feet
Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of
April, 2011.
1 AN ORDINANCE TO AMEND SECTIONS 203 AND 236 OF
2 THE CITY ZONING ORDINANCE PERTAINING TO OFF-
3 STREET PARKING REQUIREMENTS
4
5 Sections Amended: §§ 203 and 236
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 Sections 203 and 236 of the City Zoning Ordinance are hereby amended
14 and ordained to read as follows:
15
16 Article 2. General Requirements and Procedures Applicable to All Districts
17
18 A. Regulations Relating to Lots, Yards, Heights, Off -Street Parking and Off-
19 Street Loading
20
21 ....
22
23 Sec. 203. Off-street parking requirements.
24
25 (a) The following specified uses shall comply with the off-street parking requirements
26 designated therefore:
27
28 (1) Animal hospitals, business studios, eleemosynary and philanthropic
29 institutions, veterinary establishments, commercial kennels, animal
30 pounds and shelters, wholesaling and distribution operations, fiRansial
31 , laboratories other than medical, passenger
32 transportation terminals and broadcasting studios: At least GRe One space
33 per four hundred (400) square feet of floor area;
34
35 (2) A ditOrimo assemblyh! halls and Union hall716• nOmmofGZ,'II roGreat7ion
36 faGiliti Assembly uses, except religious uses: At least one One space
37 per one hundred (100) square feet of floor area or at least one space per
38 five (5) fixed seats, whichever is greater;
39
40 (3) Banks, credit unions, savings and loans, and etheF SUGh�a Gaal
41 ino+itUt : At least One space per two hundred seventy (270) one
42 hURdFe d tWeRty five (126) square feet of floor area;
43
1
44
(4)
Botanical and zoological gardens: At leapt—or7e One space per ten
45
thousand (10,000) square feet of lot area;
46
47
(5)
Bowling alleys: At feast Three 3 f!ve-(5) spaces per alley;
48
49
(6)
Child care centers and -child care education centers: At 'east a One
50
space per three hundred (300) square feet of floor area;
51
52
('�7)
Renewed.
53
54
ghA College or university: As specified by the Conditional Use Permit At least
55
one spaG.e�er We (5)reatsi main a diteFiu m nr five (5) spaGes nor
56
;
57
58
L8
Commercial recreation facility—indoor: One space per two hundred (200)
59
square feet of floor area;
60
61
8.1
Commercial recreation facility—outdoor: As specified by the Conditional
62
Use Permit;
63
64
(9)
Country inns: At least E)% One space per room provided for lodging
65
transients;
66
67
(10)
Drive-in eating and drinking establishments: At least erre One space per
68
fifty (50) square feet of floor area;
69
70
(11)
Dwellings, single-family, semidetached, duplex and attached: At least
71
Two (2) spaces per dwelling unit;
72
73
(12)
Dwellings, multifamily: At least two Two (2) spaces per dwelling unit for
74
the first fifty (50) units located on a zoning lot and at least one and three
75
quarters (1 3/4) spaces per dwelling unit for all units in excess of fifty (50)
76
units;
77
78
(13)
Reserved.
79
80
(14)
Eating and drinking establishments accessory to a hotel: At feast erre One
81
space for each three hundred (300) square feet of floor area in dining
82
area;
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(15) Fraternity or sorority house, student dormitory: At least one One space per
two (2) lodging units or one space per three (3) occupants, whichever is
greater;
(16) Furniture or appliance stores, machinery equipment, automotive and boat
sales and service: At least ene One space per nine hundred (900) square
feet of floor area;
(17) Golf courses: Atm amt f� Five (5) spaces per hole in the main course;
(18) Greenhouses and plant nurseries: At least One space per one
thousand (1,000) square feet of selling area;
(19) Hospitals: At least twe Two and one-half (2.5) spaces per patient bed;
(20) Lodging units: At least one One space per lodging unit;
20.1 Medical offices: One space per two hundred seventy (270) square feet of
floor area;
(21) Meeting rooms and convention hall facilities accessory to a hotel: At least
one One space per twenty (20) seating capacity;
(22) Museums and art galleries: Not loss than ten Ten (10) spaces and one
additional space for each three hundred (300) square feet of floor area or
fraction thereof in excess of one thousand (1,000) square feet;
(23) Nurses homes and similar housing for institutional employees: At least
ane One space per four (4) occupants;
(24) Offices: At 'oast ^ne One space per three hundred thirty (330) twe
hr dF d seventy (27n) square feet of floor area, except for call centers
which are allowed one space per one hundred and fifty (150) square feet
of floor area:
(25) Personal service establishments: At least ane One space per two hundred
fifty 250 {200) square feet of floor area;
- - - - __.—I
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(27) Private clubs and lodges, social centers, athletic clubs and GernmeMial
At least „no One space per
one hundred (100) square feet of floor area;
(28) Public buildings and funeral homes: At least one One space per five
hundred (500) square feet of floor area;
(28.1) Religious uses: At least one One space per five (5) seats or bench seating
space in the main auditorium;
(29) Retail establishments, including beverage manufacturing shops, flea
markets Fepair es ablishmonto plumbing and heating establishments and
sePVec
Gec shmetttS other than percrC.T�7 )Ral seFvive—ec+cJ abli6hrTmrTvents. At
least epe One space per two hundred fifty 250 k2 -W square feet of floor
area;
(30) Restaurants other than drive-in eating and drinking establishments: At
least e e One space per one hundred (100) square feet of floor area, and
one space per one hundred (100) square feet of additional area
encompassed by decks, patios and other areas in which seating is
provided and food or beverages are consumed,
(31) Sanitariums: At least one One space per four (4) patient beds;
(32) Service or repair establishments, motion picture studios, utility
installations, manufacturing, industrial, processing, packaging, fabricating,
research or testing labs, warehouse establishments, printing, publishing,
and plumbing and heating establishments: At least GRe One space per
employee on maximum working shift;
4
164
(10) peFGeRt OF less ef the total floeF aFea of the she, -
165 eerteF
166
167 G. One 6paGe peF seVeRty fide (75) se
168 resta,,rants iii,n ex-essevsess thereof; and
169
170 d.GRe snaGe peF ene h,,nrdred(10�gA.Fe foo+ of floor area
171 of theaters in eXGess thereof;
172
173
174
175 R size .
176
177 a. One spaGe per two hundFed (200) sq_aFe feet Of flE)OF aFea of
178 all ,,se evnent resta,,rants religious uses anit theaters',
179
180
181 res ttss and hem+ eF5 onnUnyinn in the QygFegate�rt
182 (10) peFGent eF less ef the total flooF aFea ef the she— i
183 eenteF
184
185 n One snaGeepeF seventy 5) cn,F—feet
'of flooF'rector
186 restaurants iTr ex --es- th'fereefe , and
187
188
189 of theatem in evnesc thereof•
,
190
191 Shopping GenteFS GontaiRing meFe than eight (8) individual uses o
192 h,,ciResses and IGGaterd on a zoning let greater than thirty (39)
193 aGFes *n sz
194
195 a. One spaGe peF two hundred (200) sq! We feet of flooF aFea ef
196 all uses evsent recta,,rants religious uses and theaters;
197
198
199 res+a„ran+s anrd thLaf nn,,n�iinn in the annTenato fifteen
200
201 seer;
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(4) Each space shall be unobstructed, have access to a street and be so
arranged that any automobile may be moved without moving another,
except in the case of parking for one- and two-family dwellings and in the
case of parking for employees on the premises. In parking garages and
parking structures, structural encroachments into a maximum of thirty (30)
percent of the spaces may protrude into the front portion of a parking
space not more than one (1) foot as measured perpendicularly to the drive
aisle;
4.1 Within a parking lot parking garage, or parking structure not serving a use
in the apartment or residential districts, one (1) space per every thirty (30)
spaces shall be designated motorcycle spaces to accommodate
motorcycles motor scooters, or other licensed vehicles, with dimensions
of four (4) by eight (8) feet and shall be clearly marked as motorcycle
spaces;
(5) Parking surfaces shall be constructed of concrete, asphalt or other
suitable material approved by the Planning Director. All spaGes shall
paFkmRg surfaGes shall be PFGV*ded and maintained with an all weather
fie- Where parking areas are illuminated, all sources of illumination
shall be so shielded as to prevent any direct reflection toward adjacent
premises in residential, apartment, or hotel districts;
(6) Parking areas for three (3) or more automobiles shall have individual
spaces marked, except in the case of parking for one- and two-family
detached dwellings, and spaces shall be so arranged that no maneuvering
directly incidental to entering or leaving a parking space shall be on any
public street, alley, or walkway; and
(7) Minimum aisle width required for parking areas shall be according to the
following table:
TABLE INSET:
Parking Angle (in degrees)
Aisle Width (in feet)
0--44
12
45--59
13.5
60--69
18.5
R
318
319
320 In addition, in any parking garage or parking structure a drive aisle
321 adjacent to a parking space which is less than nine (9) feet by eighteen
322 (18) feet shall be at least twenty-three (23) feet in width. Aisle width shall
323 not exceed twenty four (24) feet unless required for emergency access or
324 off street loading per Section 204. Only areas necessary for parking and
325 safe vehicular maneuvering shall be impervious:
326
70--79
19.5
(8) In the business apartment and office districts the number of off street
80--89
21
329
90
22
318
319
320 In addition, in any parking garage or parking structure a drive aisle
321 adjacent to a parking space which is less than nine (9) feet by eighteen
322 (18) feet shall be at least twenty-three (23) feet in width. Aisle width shall
323 not exceed twenty four (24) feet unless required for emergency access or
324 off street loading per Section 204. Only areas necessary for parking and
325 safe vehicular maneuvering shall be impervious:
326
327
(8) In the business apartment and office districts the number of off street
328
parking spaces shall not exceed the required number by more than fifty
329
percent (50%). Fractions shall be rounded up to the closest whole
330
number. Such maximum parking requirements shall not apply to uses in
331
the business apartment or office districts whose off-street parking
332
requirements are allocated within a parking structure:
333
334
(9) The Planning Director may authorize additional parking spaces above the
335
maximum for uses in the business, apartment and office districts, provided
336
that all of the following conditions are met:
337
338
(1) Justification submitted by the applicant for the number of parking
339
spaces proposed based upon estimates of parking demands in
340
accordance with the Institute of Transportation Engineers parking
341
data or other industry specific data or operation specific data. The
342
justification shall document the source of data used to develop the
343
number of parking spaces proposed:
344
345
Jjq The applicant demonstrates that no other parking alternatives exist
346
including but not limited to: shared parking opportunities with
347
neighboring properties or businesses, public transit within one
348
quarter 1/4) of a mile, carpoolinq, public structured parking within
349
one thousand (1,000) feet, staggered work shifts/hours of operation
350
and telecommuting opportunities: and
351
352
iii Parking spaces above the maximum shall be constructed with a
353
permeable paving system, as described in the City of Virginia
354
Beach Landscaping Guide as revised, or stormwater runoff from
9
355
those parking spaces above the maximum or the equivalent runoff
356
from an equal area of impervious cover elsewhere on the site shall
357
drain directly to a stormwater management facility that provides a
358
reduction in runoff for the site. Stormwater runoff as described
359
above shall be equal to the volume produced by one (1) inch of rain
360
on the impervious area.
361
362
Applications must be reviewed and approved or denied within five (5)
363
working days of the submittal of a complete request. Any completed
364
request not approved or denied within five (5) working days shall be
365
deemed approved.
366
367
Parkingincluding for bicycles may be shared among two (2) or more
368
uses that typically experience peak parking demands at different times
369
and are located on the same parcel or on separate parcels at a distance
370
no greater than five hundred (500) feet.
371
372
(1) For two (2) or more uses on the same parcel, the total number of
373
minimum required spaces may be reduced by the use of shared parking.
374
To qualify for shared parking a current parking study shall be submitted to
375
the zoning administrator, who shall determine the final shared parking
376
ratio. A ten (10) year shared parking agreement in a form approved by the
377
city attorney shall be recorded with the clerk of the circuit court;
378
379
ii For two (2) or more uses on separate parcels within five hundred
380
(500) feet of the main pedestrian entry to a building, the total number of
381
required spaces may be reduced by the use of shared parking. To qualify
382
for shared parking a current parking study shall be submitted to the
383
zoning administrator, who shall determine the final shared parking ratio
384
under the following conditions:
385
386 (a) A ten (10) year shared parking _agreement in a form
387 approved by the city attorney shall be recorded with the clerk of the
388 circuit courtwhich shall maintain the designated number of parking
389 spaces; and
390
391 (b) Pedestrian access shall be provided from the off-site parking
392 to the user, and shall be designated on the submitted site plan,
393 subiect to the approval of the zoninq administrator; and
WEI
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395
Bicycle Parking Requirement
(c) Shared parking on both sites will not be detrimental to the
396
staff and students above grade three (3) level
sites or surrounding properties; and
397
Equal to six percent (6%) of the classroom
building
398
required by Section 203 b (12), whichever is
rg eater
399
One (1) space per three (3) students, or the
(d) No parking required by a use may be used as off-site
400
Public Transit Station
parking for another use unless approved by the zoning
401
administrator in accordance with this section.
402
403
(11)
The minimum required parking may be reduced upon the submittal of a
404
parking study to the zoning administrator that indicates a substantial
405
number of patrons of the use are pedestrian or arrive by means of public
406
transportation or by bicycle. The zoning administrator shall determine the
407
final parking ratio or reduction in the minimum required parking.
408
409
(12)
All development in the apartment, office or business districts requiring
410
twenty five (25) or more parking spaces shall have a minimum of five (5)
411
bicycle spaces within two hundred (200) yards of the building, in a visible
412
area. Each additional fifty (50) parking spaces above the first twenty five
413
(25) shall require one (1) additional bicycle space.
414
415
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Bicycle spaces shall be required as follows in all districts for the following
416
uses:
417
418
419
420
421
Use
Bicycle Parking Requirement
Primary or Secondary School
Equal to five percent (5%) of the all building
staff and students above grade three (3) level
College or University instructional
Equal to six percent (6%) of the classroom
building
capacity of each building, or the amount
required by Section 203 b (12), whichever is
rg eater
Dormitories or Residence Halls
One (1) space per three (3) students, or the
amount required by Section 203 b (12),
whichever is greater
Public Transit Station
Thirty five percent (35%) of the required
number of automobile parking spaces or a
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422
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425
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427
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429
430
431
432
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434
435
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438
439
440
441
442
443
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448
For parking lots with three hundred (300) spaces or more, at least fifty
percent (50%) of the required bicycle spaces shall be indoors or covered
in accordance with the City of Virginia Beach Landscaping Guide, with the
exception of parks and ball fields.
(c) Parking for Accessory Uses. Unless otherwise specified in the district
regulations, accessory uses shall conform to the parking requirements applicable to
such uses, which requirements shall be in addition to any parking required of the
principal use.
B. Conditional Uses and Structures
Sec. 236. Marinas, commercial, noncommercial and community boat docks.
(a) Location and site requirements. Commercial marinas, noncommercial marinas
and community boat docks shall be so located as to be accessible from major roads
without creating traffic congestion on minor streets through residential, apartment or
hotel districts.
(b) Parking requirements. A Fn+n+muFn--Gf 0.50 eReoff-street parking space per boat
slip shall be required, provided that where wheel launching ramps adjoin the parking
area, the parking spaces all have a minimum dimension of twelve (12) feet by forty (40)
12
minimum of twenty (20),
whichever is greater,
or the amount required by
Section 203 b (12),
whichever is greater
Recreation Centers, Community
Twelve percent (12%) of the required number
Centers, Fitness Centers, etc. (public or
of automobile parking spaces,
or the amount
private)
required by Section 203
b (12), whichever is
rg eater
Parks and ball fields
Minimum of ten (10) spaces,
or the amount
required by Section 203
b (12), whichever is
rg eater
For parking lots with three hundred (300) spaces or more, at least fifty
percent (50%) of the required bicycle spaces shall be indoors or covered
in accordance with the City of Virginia Beach Landscaping Guide, with the
exception of parks and ball fields.
(c) Parking for Accessory Uses. Unless otherwise specified in the district
regulations, accessory uses shall conform to the parking requirements applicable to
such uses, which requirements shall be in addition to any parking required of the
principal use.
B. Conditional Uses and Structures
Sec. 236. Marinas, commercial, noncommercial and community boat docks.
(a) Location and site requirements. Commercial marinas, noncommercial marinas
and community boat docks shall be so located as to be accessible from major roads
without creating traffic congestion on minor streets through residential, apartment or
hotel districts.
(b) Parking requirements. A Fn+n+muFn--Gf 0.50 eReoff-street parking space per boat
slip shall be required, provided that where wheel launching ramps adjoin the parking
area, the parking spaces all have a minimum dimension of twelve (12) feet by forty (40)
12
449 feet. Where appropriate and conditions warrant, city council may modify the number of
450 required parking spaces.
451
452 ....
453
Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of
April, 2011.
13
Item K.9.
PLANNING
-87 -
ITEM # 60868
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to AMEND the Comprehensive Plan by adopting the
Bikeways and Trails Plan, dated February 15, 2011, and revising the
Policy Document.
Voting: 11-0 (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,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
April 26, 2011
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AN ORDINANCE TO AMEND THE COMPREHENSIVE
PLAN BY ADOPTING THE BIKEWAYS AND TRAILS PLAN,
FEBRUARY 15, 2011 AND REVISING THE POLICY
DOCUMENT
WHEREAS, the public necessity, convenience, general welfare and good zoning
practice so require; and
WHEREAS, the Bikeways and Trails Plan, February 15, 2011 has been revised
in accordance with the attached letter of March 9, 2011 titled "Revisions to the Bikeways
and Trails Plan, February 15, 2011."
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Comprehensive Plan of the City of Virginia Beach be, and hereby is,
amended and reordained by:
1. The adoption of the Bikeways and Trails Plan, February 15, 2011 with the
attached revisions. Such documents are made a part hereof, having been exhibited to
the City Council and are on file in the Department of Planning; and
2 The revision of the Policy Document, pertaining to bikeways and trails, as
shown on the attached document entitled "Revisions to 2009 Comprehensive Plan
Policy Document Chapter 6: Master Transportation Plan City of Virginia Beach
Bikeways and Trails Plan" Such document is made a part hereof, having been
exhibited to the City Council and is on file in the Department of Planning.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 26th day of
April, 2011.
DEPARTMENT OF PARKS AND RECREATION
PLANNING. DESIGN, & DEVELOPMENT DIVISION
(757)385-1100
FAX (757)385-1130
TTY: 711 VIRGINIA RELAY
March 9, 2011
Joseph E. Strange, Chair
Planning Commission Members
2405 Courthouse Drive, Bldg. 2
Virginia Beach, VA 23456
MUNICIPAL CENTER
BUILDING 21
24D6 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9016
Subject: Revisions to the Bikeways and Trails Plan, February 15, 2011
Dear Mr. Strange and Members of the Planning Commission:
Staff continues to review the Final Draft of the Bikeways and Trails Plan, dated
February 15, 2011. Please accept these revisions to the document.
1. Pages EX -8 & 6-24: remove the proposed on -road bike facilities along Ferrell
Parkway from Pleasant Valley Road to Princess Anne Road.
2. Page 1-7: add "Public involvement processes" as a bulleted item at the bottom of
the page.
3. Pages 6-23.to 6-25 and 6-30: add yellow corridors that represent the "primary bike
commuter network" along these roadways:
a. Virginia Beach Boulevard from Rosemont Road to the oceanfront
b. Independence Boulevard from Lynnhaven Parkway to Princess Anne Road
c. Pleasant Valley Road from Ferrell Parkway to Lynnhaven Parkway
d. Lynnhaven Parkway from Pleasant Valley Road to Rosemont Road
e. Centerville Turnpike from Indian River Road to Kempsville Road
f. Birdneck Road from General Booth Boulevard to Norfolk Avenue
4. Pages 6-24 and 6-30: delete the yellow corridor along Ferrell Parkway from
Pleasant Valley Road to Princess Anne Road.
5. Page 6-31: in the legend, reverse the labels for "primary bike commuter network"
and "proposed transit corridor with shared -use path"
6. Appendix B: delete "Inventory of from the name of the appendix.
ivGF OUR NAS10 ''�
'F�i"s`f€!�'.Cfllis
DEPARTMENT OF PARKS AND RECREATION
PLANNING. DESIGN, & DEVELOPMENT DIVISION
(757)385-1100
FAX (757)385-1130
TTY: 711 VIRGINIA RELAY
March 9, 2011
Joseph E. Strange, Chair
Planning Commission Members
2405 Courthouse Drive, Bldg. 2
Virginia Beach, VA 23456
MUNICIPAL CENTER
BUILDING 21
24D6 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9016
Subject: Revisions to the Bikeways and Trails Plan, February 15, 2011
Dear Mr. Strange and Members of the Planning Commission:
Staff continues to review the Final Draft of the Bikeways and Trails Plan, dated
February 15, 2011. Please accept these revisions to the document.
1. Pages EX -8 & 6-24: remove the proposed on -road bike facilities along Ferrell
Parkway from Pleasant Valley Road to Princess Anne Road.
2. Page 1-7: add "Public involvement processes" as a bulleted item at the bottom of
the page.
3. Pages 6-23.to 6-25 and 6-30: add yellow corridors that represent the "primary bike
commuter network" along these roadways:
a. Virginia Beach Boulevard from Rosemont Road to the oceanfront
b. Independence Boulevard from Lynnhaven Parkway to Princess Anne Road
c. Pleasant Valley Road from Ferrell Parkway to Lynnhaven Parkway
d. Lynnhaven Parkway from Pleasant Valley Road to Rosemont Road
e. Centerville Turnpike from Indian River Road to Kempsville Road
f. Birdneck Road from General Booth Boulevard to Norfolk Avenue
4. Pages 6-24 and 6-30: delete the yellow corridor along Ferrell Parkway from
Pleasant Valley Road to Princess Anne Road.
5. Page 6-31: in the legend, reverse the labels for "primary bike commuter network"
and "proposed transit corridor with shared -use path"
6. Appendix B: delete "Inventory of from the name of the appendix.
Planning Commission
Revisions to the Bikeways and Trails Plan, February 15, 2011
March 9, 2011
Page 2
7. Appendix F, page F-2, first paragraph, fifth line: change "engineering" to "facilities".
8. Appendix F, page F-2, add at the end of the first paragraph: "Staff must review
each of the items which follow to examine alternatives; weigh costs versus
benefits; outline funding streams and operational responsibilities; and develop
consensuses on solutions which are effective, practicable and feasible."
9. Appendix J, after page J-14: add Council resolution #59146, dated August 25,
2009, entitled, "Resolution Supporting On -Road Bicycle Accommodations".
Thank you for your kind consideration of this update. We look forward to working with
you towards a "Community for a Lifetime".
Sincerely,
Wayne . Wilcox, LA
Senior Planner
WTW/ww
c: Karen Prochillo, Department of Planning
r
Revisions to 2009 Comprehensive Plan Policy Document
Chapter 6: Master Transportation Plan
City of Virginia Beach Bikeways and Trails Plan
(Page 6-18, Policy Document replace with revised map)
Revised map removes and adds the following changes for bike routes and the map legend:
1. Existing — Kempsville Road from Providence Road to the city line with Chesapeake,
2. Existing — Princess Anne Road from Dam Neck Road to Winterberry Lane,
3. Existing — General Booth Boulevard from Nimmo Parkway to Dam Neck Road,
4. Existing — Birdneck Road from General Booth Boulevard to Norfolk Avenue,
5. Existing — Oceana Boulevard from First Colonial Road to General Booth Boulevard,
6. Existing — Atlantic Avenue from 37`h Street to Ft. Story,
7. Existing — Shore Drive from First Landing to Starfish Road,
8. Existing — Shore Drive from Marlin Bay Drive to Treasure Island Drive,
9. Existing — Diamond Springs Road from Northampton Boulevard to Newtown Road,
10. Existing — Kempsville Road from Providence Road to city line with Chesapeake,
11. Existing — North Witchduck from Virginia Beach Boulevard to just before
Independence Boulevard,
12. Existing — Dam Neck Road fr6m General Booth Boulevard to CDSA Dam Neck Naval base,
13. Existing — Rosemont Road from Holland Road to Lynnhaven Parkway,
14. Existing — Great Neck from Shore drive to Virginia Beach Boulevard.
1. Proposed — Ferrell Parkway to Princess Anne Road,
2. Proposed — Princess Anne Road from Ferrell Parkway to Dam Neck Road,
3. Proposed — Shore Drive from Atlantic Avenue to Fort Story west entrance,
4. Proposed — Diamond Springs Road from Shore Drive to Northampton Boulevard,
5. Proposed — Newtown Road from Diamond Springs Road to Baker Road,
6. Proposed — Centerville Turnpike from Indian River Road to Kempsville Road,
7. Proposed — Indian River Road from Ferrell Parkway to city line with Chesapeake.
8. Proposed — Proposed Nimmo Parkway from Princess Anne Road to General Booth Boulevard.
1. Deleted showing an existing bikeway route for Witchduck Road between I-264 and Virginia Beach Boulevard,
2. Deleted showing an existing bikeway route for First Colonial Road between Laskin Road and Virginia Beach
Boulevard,
3. Deleted showing an existing bikeway route for Princess Anne Road from Winterberry Court to proposed
Nimmo Parkway,
4. Deleted future commuter bikeway route for Baker Road,
1. Added the Oceanfront as an employment center.
I I I II I I
1. Revised the legend from "Future Commuter Route" to "Future Commuter Bike Route"
2. Revised the legend from "Existing Shared Ta Use Path" to "Existing Bike Route"
3. Revised the legend from "Potential Light Rail Extension" to "Potential Transit Extension".
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Item K.10.
PLANNING
ITEM # 60869
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to AMEND the City's Landscaping Guide to include
Amendments re bicycle parking and permeable paving system
Voting: 11-0 (By Consent)
Council Members Voting Aye.-
Rita
ye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
April 26, 2011
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AN ORDINANCE TO AMEND THE
LANDSCAPE GUIDE BY THE INCLUSION OF
AMENDMENTS PERTAINING TO BICYCLE
PARKING AND PERMEABLE PAVING
SYSTEMS
WHEREAS, on June 9, 2010, the Planning Commission held a public hearing
concerning the amendment of the Landscape Guide to include provisions pertaining to
bicycle parking and permeable paving systems, as set forth in the attached Exhibit 1,
and at the conclusion of such public hearing, recommended that the Landscape Guide
be so amended, and
WHEREAS, the public necessity, convenience, general welfare and good zoning
practice so require;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Landscape Guide of the City of Virginia Beach be, and hereby is,
amended and reordained to incorporate the amendments set forth in the attached
Exhibit 1.
2011.
Adopted by the Council of the City of Virginia Beach on this 26th day of April,
PERMEABLE PAVING SYSTEMS
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 pick 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.
CONSIDERATIONS
APPLICABILITY
Permeable paving systems are appropriate for parking areas, parking lots, drive aisles, private
alleys, sidewalks, courtyards and plazas.
INSTALLATION
Permeable paving systems must be designed and installed in accordance with the
manufacturer's specifications. These specifications and details must be included with the site
plan submittal to the Development Services Center.
GRADING
In order to optimize water infiltration through the permeable paving system, the slope of the
surface area should range from 0.5 percent to 2 percent.
SPACING
When designing a permeable paving system utilizing Open Jointed and Open Cell Paving Blocks
(pavers) as described below for parking spaces above the minimum number required, the
permeable area shall have a minimum perviousness of 10 percent. If a permeable paving
system is being designed for stormwater management purposes, additional criteria will need to
be met in accordance with applicable City and State regulations.
MAINTENANCE
The overall maintenance goal for a permeable paving system is to prevent clogging of the void
spaces within the surface material. The surface must not be sealed or repaved with non -porous
materials if it is to continue to function and to be counted towards meeting the maximum
allowed parking requirement. Sand and salt must not be applied to areas with porous
pavements. Depending on the system, occasional sweeping or vacuuming of debris will be
required to ensure the void spaces do not clog. Educational signage should be used wherever
porous pavement is installed as a teaching tool for the public and as a reminder of maintenance
obligations.
LANDSCAPING
The most important landscaping objective for porous pavements is to ensure that its drainage
area is fully stabilized, thereby preventing sediment loads from clogging the pavement.
ACCEPTABLE MATERIALS
There are many options for permeable paving materials: porous concrete, pervious asphalt,
open joined and open cell paving blocks. Examples provided herein are meant as a
representation of products available, not an endorsement of a specific product or
manufacturer.
POROUS CONCRETE: There are a
number of alternate names for porous
concrete including permeable concrete,
porous pavement, and pervious
concrete. All of the names basically
mean the same thing; porous concrete
is a form of concrete which is
permeable, rather than solid. Porous
concrete is designed to trap water and
allow it to percolate through the
concrete to the ground below. Pervious
concrete uses the same materials as
conventional concrete, with the
exceptions that the fine aggregate (sand) typically is eliminated entirely, creating a substantial
void content.
• Advantages: Used in place of conventional concrete decreases the total amount of
runoff leaving a site, promotes infiltration of runoff into the ground, reduces the
amount of pollutants carried to a storm drain or waterway, and aids with reducing peak
runoff velocity and volume. Porous concrete is applicable to many light-duty uses,
including overflow parking areas, residential street parking lanes, parking pads in
parking lots, sidewalks, golf cart and bike paths, and emergency access lanes. With
proper maintenance, including regular vacuuming of the surface to prevent clogging by
sediment, porous concrete can have a minimum service life of 20 years. It also comes in
a range of colors, and it can be made with recycled materials including recycled concrete
rubble. This flexibility and potential for recycling makes it an ecologically friendly and
aesthetically pleasing building material.
• Disadvantages: Permeable paving is not ideal for high traffic/high speed areas because
it has lower load-bearing capacity than conventional pavement. Nor should it be used
on stormwater "hotspots" with high pollutant loads because stormwater cannot be
pretreated prior to infiltration.
PERVIOUS ASPHALT: A typical porous
pavement has an open -graded surface
over an underlying stone bed. The
water drains through the porous asphalt
and into the stone bed, then, slowly,
infiltrates into the soil. If contaminants
were on the surface at the time of the
storm, they are swept along with the
rainfall through the stone bed. From
there they infiltrate into the sub -base so
that they are subjected to the natural
processes that cleanse water.
Advantages: Porous asphalt used in place of traditional impervious paving materials
decreases the total amount of runoff leaving a site, promotes infiltration of runoff into
the ground, reduces the amount of pollutants carried to a storm drain or waterway, and
aids with reducing peak runoff velocity and volume. It is appropriate for pedestrian -only
areas and for very low-volume, low -speed areas such as overflow parking areas,
residential driveways, alleys, and parking stalls.
• Disadvantages: Permeable paving is not ideal for high traffic/high speed areas because
it has lower load-bearing capacity than conventional pavement. Nor should it be used
on stormwater "hotspots" with high pollutant loads because stormwater cannot be
pretreated prior to infiltration.
OPEN JOINTED AND OPEN CELL PAVING
BLOCKS: These pavers are solid units of
concrete, brick, plastic or stone laid side
by side. They can bear traffic loads and
are shaped to produce openings that
are filled with porous aggregate or turf
that allows for infiltration of
stormwater.
BLOCK PAVERS: This material can be used to create a porous surface with the aesthetic appeal
of brick, stone, or other interlocking paving materials. They are most often used for driveways,
entryways, walkways, or terraces.
PLASTIC GRID SYSTEMS: High strength plastic grids (often made from recycled materials) are
placed in roadway areas. Some are designed to be filled with gravel on top of an engineered
aggregate material, while others are filled with a sand/soil mixture on top of an
aggregate/topsoil mix that allow grass to be planted on the surface.
Advantages: Paving blocks have a long useable life, are relatively easy to install
and provide good infiltration. Most plastic paver material is flexible so it can adapt
well to shrink/swell and freeze/thaw conditions. Most commercially available
plastic paver material is made from recycled material, an added environmental
plus. The grids provide a support structure for heavy vehicles, and prevent
erosion. After heavy rains, the grids act as mini holding -ponds, and allow water to
gradually absorb into the soil below.
Disadvantages: Some pavers are sensitive to deformation in the base or sub -grade and
do require a thick base to prevent "heaving." In cold climates where areas need to be
plowed for ice or snow removal, blocks may catch and cause damage to the blocks
and/or plow.
BICYCLE PARKING
Planning for alternative modes of transportation can reduce the use of the automobile
to alleviate congestion, improve air quality, and contribute to a healthy and livable
Virginia Beach. The 2009 Virginia Beach Master Transportation Plan focuses on the
relationship between land use development and transportation needs. Bicycles as a
mode of transportation require less space on streets, less room for parking, are
emission -free, and promote a healthy and active lifestyle. Secure bicycle parking is a
necessary part of a multi -modal transportation network that includes bikeways, trails,
and public transit. Leaving a bicycle unattended even for short periods can result in
damage or theft. Finding a bike rack that doesn't work or isn't conveniently located
makes for a frustrating experience. The lack of a secure parking space keeps many
people from using their bikes for transportation.
The City Zoning Ordinance for Off -Street Parking Section 203b(12-14) now states that all
development in the apartment, office or business districts requiring twenty five or more
parking spaces shall have a minimum of five bicycle spaces. Each additional fifty parking
spaces above the first twenty five shall require one additional bicycle space. Fifty
percent of the required bicycle spaces shall be indoors or covered in accordance with
the City of Virginia Beach Landscaping Guide, with the exception of parks and ball fields.
The following information is to guide developers in selection and location for bicycle
parking to fulfill this requirement.
LONG-TERM VERSUS SHORT-TERM BICYCLE PARKING
Bicycle parking can be divided into two categories: long-term (Type 1) and short-term
(Type 2). Long-term parking is intended for use over several hours or overnight. It
includes bicycle racks in an enclosed, covered, controlled access area. Short-term
parking is intended for use from a few minutes to several hours. It includes bicycle racks
in a public, easily accessible location that may or may not be covered.
CRITERIA FOR GOOD BICYCLE PARKING
Accessibility, Convenience, Safety and Security are necessary for a successful bicycle
parking system.
ACCESSIBILITY
Bicycle parking will only be used if cyclists and their bikes can access it. Bike parking
should be located at ground level or accessible from ground level (ramps, elevators)
without obstacles like stairs or sleep slopes. When bicycle parking is not in a highly
visible location, way -finding signage is recommended. Bicycle parking near sidewalks
shall allow sufficient passage for pedestrians (6 feet) and comply with all ADA standards.
Bike racks should not impede pedestrian traffic flow to board and egress mass transit
vehicles. Bicycle parking and bikes should not obstruct the visibility triangle. To ensure
adequate space for bikes and maneuverability in and out of the parking area, racks shall
be placed at least 3 feet away from a wall or other vertical surface.
CONVENIENCE
Cyclists are most likely to use bicycle parking when it is close to their destination.
Installing racks far from an entrance may encourage cyclists to lock their bike to a tree
or piece of street furniture that is closer. Bicycle parking should be placed within 50 feet
of the building entrance that cyclists use. Where there is more than one building on a
site, or where a building has more than one main entrance, the parking shall be
distributed to serve all buildings or main entrances. Wherever possible, situate bike
racks close to bikeways and trails.
SAFETY AND SECURITY
Safety and security measures must be considered to encourage use of bicycle parking
facilities. Racks and lockers should be made from high quality materials and firmly
secured to the ground, floor, or wall of a well -lit area. Racks should be adequately
anchored to discourage displacement or removal. Concrete is the preferred surface for
maximum security, though other surfaces may also be appropriate. Short-term parking
should be located in a busy, public area to increase informal surveillance, and long-term
parking should be located in a separate access -controlled area. Adequate lighting must
be installed for visibility at the bike parking site and any pathways to and from this area.
ACCEPTABLE TYPES OF TRACKS
Secure bicycle parking allows the frame and one wheel to be locked to the rack when
both wheels are left on the bike. A simple inverted U -rack is attractive, easy to use, and
highly secure. The rack should provide two-point support of the bicycle and have no
sharp edges. The rack should be usable by bikes with no kickstand and by a wide variety
of sizes and types of bicycles. Racks that only secure the front wheel are not acceptable.
Left: Examples of
acceptable two-point
support designs. Graphic
from Las Cruces Proposed Bicycle
Parking Design Standards.
Preferred materials:
Galvanized steel with powder coating requires little maintenance and provides a smooth
surface that will not scratch or damage bicycle frames
Materials to avoid:
Wood, soft metals, untreated metals, cast components that are brittle and may crack on
impact. For rack designs that have welded sections avoid materials like stainless steel
that have weak welds.
BICYCLE PARKING DIMENSIONS
Adequate space is necessary to accommodate bicycles and maneuvering in and out of
the bike parking area. At least 30" is required and 36" is recommended between bike
racks placed side-by-side, and 60" is recommended between racks placed end to end.
One inverted U -Rack counts as two parking spaces. Three feet is the suggested distance
between a planted area and the outermost edge of a bike rack.
Left: A 10'x18'
vehicular parking space
can accommodate 6
inverted U -racks (12
bicycle parking spaces).
Graphic from Las Cruces Proposed
Bicycle Parking Design Standards.
COVERED BICYCLE PARKING
Prolonged exposure to precipitation can
rust a bike's frame and components;
Ultraviolet rays from the sun deteriorate a
bike's soft seat and tires, as well as
making the bike uncomfortable to ride on
hot days. Covered bicycle parking will
encourage use by cyclists who value their
bicycle. Covered spaces can be stand-
alone structures, roof overhangs,
awnings, lockers, or bicycle storage
spaces within buildings and parking
garages. The cover must be permanent and secure. Overhead clearance should be at
least 7' to allow for maneuverability. Covers that are too high do not protect from rain,
sun, and snow. The covered structure must use similar construction materials as the
main building and be aesthetically complimentary to surrounding architecture and
design elements. If freestanding, the structure must be at least 150 square feet and
comply with all local building codes including drainage regulations. Several companies
sell prefabricated bicycle shelter structures that fulfill City requirements.
BICYCLE LOCKERS
Bicycle lockers are individual storage units
that are weather protected, enclosed, and
operated by a controlled access system
that may use keys,'swipe card, or an
electronic key pad located on the door.
Cyclists can securely store their bike,
helmet, and gear. Many models hold two
bicycles, and have access doors at
opposite ends of the locker. On average,
one standard car parking space can
accommodate five bicycle lockers,
depending on the locker design. Stackable models can double bicycle parking capacity;
however, the top lockers provide limited access to cyclists who cannot or choose not to
lift their bike into the top locker unit. Bike lockers require a level, clean, surface and
clearance for the door to easily open and close. Bike lockers are best placed away from
sidewalks and areas with high pedestrian traffic. Like all bicycle parking, bike lockers
should be placed close to building entrances, in a well -lit area with regular security
surveillance.
SUGGESTIONS
Increase the use of your bike facility by
incorporating non -required services and
infrastructure into your bicycle parking
system. Include a local bike map in the
covered structure to encourage use and
visibility. Integrate other environmentally -
friendly elements like permeable paving
into the bike parking
design. Incorporate a bike station that includes maintenance, gear storage lockers, and
concessions into your bike parking plan. Consider converting a parking space for one
automobile to a parking space for multiple bicycles. Innovative bike parking ideas will be
reviewed on a case-by-case basis.
Left: A simple plaza rack like this one that
does not require drilling provides secure
parking for 6 bicycles without damaging
expensive paving materials. Graphic from Las Cruces
Proposed Bicycle Parking Design Standards.
Item L.1
APPOINTMENTS ITEM # 60870
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
MINORITY BUSINESS COUNCIL
TOWING ADVISORY BOARD
WORKFORCE HOUSING ADVISORY BOARD
April 26, 2011
KIRZ
Item L.2.
APPOINTMENTS ITEM # 60871
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Stanwood Dickman
John E. Uhrin
James L. Wood
3 year term
05101/2011— 04/30/2014
A UDIT COMMITTEE
Voting: 11-0
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,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
April 26, 2011
-91 -
Item L.3.
APPOINTMENTS ITEM # 60872
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Michael L. Clark
Unexpired term thru 06/30/2013
BEACHES and WATERWAYS COMMISSION
Voting: I1-0
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,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay.-
None
ay:
None
Council Members Absent:
None
April 26, 2011
S9Z
Item L.4.
APPOINTMENTS ITEM # 60873
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Bryan Cuffee
Richard Bowie
Eileen Levandoski
Hank Giffin
C. Max Bartholomew
Kelsey Jenkins
Sarah Crosby
No term
ENERGY ADVISORY COMMITTEE
Voting: 11-0
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,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
April 26, 2011
-93 -
Item L. S.
APPOINTMENTS ITEM # 60874
Upon NOMINATION by Vice Mayor Jones, City Council:
APPOINTED:
Duff Kleaver
3 year term
04/01/2011— 03/31/2014
REAPPOINTED:
Ronald L. Carter
James E. Parke
3 year term
04/01/2011— 03/31/2014
HUMAN RIGHTS COMMISSION
Voting: 11-0
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,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
April 26, 2011
-94 -
Item L.6.
APPOINTMENTS ITEM # 60875
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Wanda J. Cooper
Juslo F. Manglicmot
Delceno C. Miles
Ferdinand V Perez
John M. Williams
2 year term
06/01/2011— 05/31/2013
MINORITY BUSINESS COUNCIL
Voting: I1-0
Council Members Voting Aye.-
Rita
ye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
April 26, 2011
Items a
ADJOURNMENT
-95 -
ITEM # 60876
Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 7: 00 P.M.
- 2-- &-- - 2,z- J- - Y--, V /. " j
Beverly O. Hooks, CMC
Chief Deputy City Clerk
L W. I - - �-- �-�
th Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
William D. Sessoms, Jr.
Mayor
April 26, 2011
Items O.
ADJOURNMENT
-95 -
ITEM # 60876
Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 7.00 P.M.
Beverly O. Hooks, CMC
Chief Deputy City Clerk
uth Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
----------- -
William D. Sessoms, Jr.
Mayor
April 26, 2011