FEBRUARY 12, 2013 MINUTESCITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WILLIAM D. SESSOMS, JR., At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
GLENN R. DAVIS, Rose Hall - District 3
WILLIAM R. DeSTEPH, At -Large
ROBERT M. DYER. Centerville - District I
BARBARA M. HENLEY, Princess Anne - District 7
JOHN D.MOSS, At -Large
AMELIA N. ROSS-HAMMOND, Kempsville - District 2
JOHN E. UHRIN, Beach - District 6
ROSEMARY WILSON, At -Large
JAMES L. WOOD, Lvnnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY- MARK D. STILES
CITY ASSESSOR - JERALD D. BANAGAN
CITY AUDITOR - LYNDON S. REMIAS
CITY CLERK RUTH HODGES FRASER, MMC
CITY COUNCIL AGENDA
12 FEBRUARY 2013
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
I. CITY MANAGER'S BRIEFING
- Conference Room -
A. CENTERVILLE SGA MASTER PLAN — FINAL DRAFT
Paul Ostergaard, Vice President, Urban Design Associates
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION
A. CALL TO ORDER — Vice Mayor Louis R. Jones
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
4:00 P.M.
5:00 P.M.
VI. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER — Vice Mayor Louis R. Jones
B. INVOCATION — Reverend Tommy Taylor
Pastor, Trinity Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS January 22, 2013
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. MAYOR'S PRESENTATION
1. PROCLAMATION
"Captain Charles L. Stuppard Day" — February 12, 2013
I. PUBLIC HEARING
1. SALE OF EXCESS CITY -OWNED PROPERTY
a. Proposed 25th Street Development
J. PUBLIC COMMENT
1. SUSTAINABILITY PLAN
K. ORDINANCES/RESOLUTIONS
1. Ordinance to DECLARE the parcel at 310 25th Street to be in EXCESS of the City's needs and to
AUTHORIZE the EXECUTION of a Comprehensive Agreement with 25th Street Associates,
LLC (DISTRICT 6 — BEACH)
2. Resolution to PETITION VDOT to CONVEY certain real property re right-of-way of
Commuter Drive to the City
3. Resolution to AUTHORIZE the City Manager to EXECUTE an Accord, Satisfaction and
Release Agreement with Southeastern Public Service Authority (SPSA) re Landfill Phase I
Capping project
4. Resolution to AUTHORIZE the City Manager to EXECUTE two (2) Agreements with the
Patriotic Festival, LLC ($325,000 Sponsorship Grants)
5. Ordinance to EXTEND the date for Town Center Associates, LLC, to satisfy conditions re closure
of a portion of Market Street (DISTRICT 4 — BAYSIDE)
6. Ordinance to AUTHORIZE $1,000 reimbursement re employee legal fees
7. Ordinances to ACCEPT and APPROPRIATE donated funds:
a. $130,000 from The Virginia Beach Library Foundation and $50,000 from the Friends of the
Virginia Beach Public Library to the Operating Budget of the Department of Public Libraries
b. $100,000 from Dominion Virginia Power to the City's Beautification Fund re landscape
management
c. $ 3,337.60 from the Parks and Recreation Foundation re improvement of the Bellamy
Woods Park
8. Ordinances to ACCEPT, APPROPRIATE and TRANSFER Grant Funds:
a. $ 40,000 for creation of the Cercle Des Vacances French Co-op Partnership re Virginia
Tourism Corporation Marketing Leverage program
b. $ 36,250 from the Department of Criminal Justice Services (DCJS) through the Byrne
Justice Assistant Grant Program re implementation of an aggression replacement training
program
c. $ 13,000 from the Virginia Department of Emergency Management (VDEM) re upgrades to
the City's Emergency Operations Center
d. $72,010 to the General Registrar FY 2013 Budget re replacement of pollbooks
L. PLANNING
1. Application of OCEAN CONDOMINIUM DEVELOPERS, LLC for a Variance to §4.4(b)
of the Subdivision Ordinance to SUBDIVIDE a lot into two (2) at 4805 Lee Avenue
DISTRICT 4 - BAYSIDE
RECOMMENDATION APPROVAL
2. Application of MICHAEL T. ABENANTE for a Variance to §4.4(b) of the Subdivision
Ordinance to CREATE an additional lot at 716 Woodstock Road
DISTRICT 1 - CENTERVILLE
RECOMMENDATION APPROVAL
3. Application of C &C DEVELOPMENT CO., INC., Christopher J. Ettel and Chancey
W. Walker, III to reconstruct a Non -Conforming Use and DEMOLISH and
CONTRUCT single family residences at 207 51st Street
DISTRICT 5 - LYNNHAVEN
RECOMMENDATION APPROVAL
4. Application of SURF BEACH CLUB, INC. to reconstruct a Non -Conforming Use and
REPLACE nine (9) cabana structures at 5704 Ocean Front Avenue
DISTRICT 5 - LYNNHAVEN
RECOMMENDATION APPROVAL
5. Application of BURNETTE DEVELOPMENT, LLC and PARETTA D. MUDD for a
Conditional Use Permit re a self -storage at 5737 Northampton Boulevard
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION APPROVAL
6. Application of PRINCESS ANNE MASONIC LODGE #25 and EMMA SMITHSON
FOUNTAIN for a Conditional Use Permit to MOVE the Masonic Lodge from Princess Anne
Road to 3067 West Neck Road (the Thomas Woodhouse historical property)
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION APPROVAL
7. Application of TRUSTEES OF FIRST PRESBYTERIAN CHURCH OF VIRGINIA
BEACH for a Conditional Use Permit re a columbarium at 300 36th Street
DISTRICT 6 - BEACH
RECOMMENDATION APPROVAL
8. Application of BAKER ROAD SENIORS, LLC for a Change of Zoning from Conditional A-
36 Apartment to Conditional A-24 Apartment at 544 Baker Road
DISTRICT 4 - BAYSIDE
RECOMMENDATION APPROVAL
9. Application of MPB, INC. for a Conditional Change of Zoning from AG -1 and AG -2
Agricultural to Conditional 0-2 Office re an office structure at Princess Anne Road and
Elson Green Avenue (deferred November 13, December 4, 11, 2012 and January 22, 2013)
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION APPROVAL
M. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
COMMUNITY SERVICES BOARD (CSB)
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA)
PROCESS IMPROVEMENT STEERING COMMITTEE
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
****************************
PUBLIC COMMENT
Non -Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
**********************************
*******************
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
********************
CITY COUNCIL SESSIONS
February, 2013
February 19 Workshop
February 26 Briefing, Informal, Formal
4:00-6:00 P.M.
6:00 P.M.
2013 CITY HOLIDAYS
Memorial Day - Monday, i1ay 27
Independence Day - Thursday, July 4
Labor Day - Monday„ceptember 2
Veterans Day - Monday, November 11
Thanksgiving Day & Day after Thanksgiving - Thursday,
November 28 & Friday, November 29
Christmas Eve (half-day) - Tuesday, December 24
Christmas Day - Wednesday, December 25
-1 -
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 12, 2013
Vice Mayor Louis R. Jones called to order the City Council 's Briefing regarding the CENTERVILLE
SGA MASTER PLAN, in the City Council Conference Room, Tuesday, February 12, 2013, at 4:00 P.M
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara
M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, , John E. Uhrin, Rosemary Wilson and James L. Wood.
Council Members Absent:
Mayor William D. Sessoms, Jr. Family Vacation Out of Country
February 12, 2013
-2 -
CITY COUNCIL'S BRIEFING
CENTER VILLE SGA MASTER PLAN
FINAL DRAFT
4: OOP.M.
Vice Mayor Jones congratulated Council Lady Ross -Hammond for receiving the "Spirit of Service
Award" from Regent University.
ITEM #62534
City Manager, James Spore introduced Paul Ostergaard, Executive Vice -President, Urban Design
Associates. Mr. Ostergaard presented a Summary of the work that has been done with the Centerville
Community. The team has prepared final recommendations for Centerville and are presenting the
recommendations to Planning Commission tomorrow, February 13, 2013. This SGA has had a
tremendous amount of public process and input. This SGA is dfferent from the other SGAs due to the
large amount of undeveloped land. Also, the City of Chesapeake participated in this process with the City
of Virginia Beach.
This SGA was completed in a three phase process (all with broad based community participation):
1. Understanding: Figuring out what is going on
2. Exploring: Trying out some ideas
3. Deciding: Choosing what to do
The Design Principles identified in this SGA:
• Regenerate existing developed areas to capitalize on existing public infrastructure
investments
• Build a mix -use center for Centerville
• Better connect to existing parks and the Regent University Campus through expanded
trail networks
• Mitigate impacts to the Elizabeth River through storm water best management practices.
• Continue to diverse housing choice including workforce housing
• Improve the jobs/housing balance to increase capture rate and decrease traffic
congestion
• Idents immediate and interim actions for landfills to effectively mitigate against adverse
impacts
• Pursue a joint planning strategy with the City of Chesapeake
• Build a transportation infrastructure network that provide3s for safety, equity, choice
and economy
• Create an education -oriented master planned community as unique identity for the
Centerville SGA
Another distinguishing feature of this SGA is the waste management facility. The Plan recommends the
following:
• Slope stabilization
• Additional tree buffers
• Interior roads
• Shared, consolidated entrance
• Traffic calming along Centerville
• Minimize windblown sediment and odor
• Improve views into site
February 12, 2013
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VIRGINIA BEACH, VA
PHASE 3 PRESENTATION
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-4 -
CITY COUNCIL LIAISON REPORTS
4:43 P.M.
ITEM #62535
Councilman DeSteph attended the Bikeways and Trails meeting yesterday and was asked to work on
creating an Ordinance to allow riding bicycles on the Beach during Non -Tourist Season and after hours
during the Tourist Season. This is in the initial phase and the City will seek input from all stakeholders.
ITEM #62536
Council Lady Ross -Hammond attended the Community Services Board and met the new Deputy Director.
The Board expressed their appreciation to City Council. They are still in need of specialty care and
would like to have a community action advocacy for greater Homeless families as well as more support
for children.
February 12, 2013
-5 -
CITY COUNCIL COMMENTS
4:45 P.M.
ITEM #62537
Councilman Dyer expressed his gratitude to the City for their work on the pump station in Rosemont
Forest. There was no flooding issue after the recent heavy rain.
ITEM #62538
Councilman Moss requested a Briefing to discuss the City's Growth Development.
Senate Bill 1313 cleared the Senate to allow Porstmouth to have an income tax but it also removed the
requirement that cities would have to have a Referendum before an income tax can be imposed.
Councilman Moss advised he read the editorial by Dr. Koch in the paper regarding his projection of 42 -
THOUSAND jobs lost and would like to understand the methodology behind that article.
Councilman Moss requested the City and School Division provide the total amount of Federal Funding in
an effort to understand who will be impacted should those Federal Dollars be cut.
City Manager Spore advised he had a meeting with the Superintendent and the School Division is already
in the process of putting together this information.
Councilman Moss stated the Sustainability Plan does not adequately reflect the financial needs of
families and small businesses. Councilman Moss suggested that Staff provide some kind of matrix to
include in the Sustainability Plan.
ITEM #62539
Councilman Davis wanted to express his appreciation to the City for the job well done on the pump
station in Rosemont Forest.
Regarding Senate Bill 1313, Councilman Davis requested information for when a City creates a
disadvantage for themselves, what does that do for the surrounding cities?
On February 6`h, The Virginia Production Alliance held its annual State of Industry Event hosted by the
Hampton Roads BPA. This is an organization of film professionals. Over 350 attended with 22 film
industry representatives from around the State. The group honored the City of Virginia Beach for
cooperation of the film being shot with actor Tom Hanks. The economic impact of filming in Virginia last
year was over $400 -MILLION and 4, 000 jobs.
February 12, 2013
-6 -
AGENDA REVIEW SESSION
4:54 P.M.
ITEM #62540
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
K ORDINANCES/RESOLUTIONS
1. Ordinance to DECLARE the parcel at 310 25th Street to be in EXCESS of the City's needs
and to AUTHORIZE the EXECUTION of a Comprehensive Agreement with 25`x' Street
Associates, LLC (DISTRICT 6 — BEACH)
2. Resolution to PETITION VDOT to CONVEY certain real property re right-of-way of
Commuter Drive to the City
3. Resolution to AUTHORIZE the City Manager to EXECUTE an Accord, Satisfaction and
Release Agreement with Southeastern Public Service Authority (SPSA) re Landfill Phase I
Capping project
4. Resolution to AUTHORIZE the City Manager to EXECUTE two (2) Agreements with the
Patriotic Festival, LLC ($325, 000 Sponsorship Grants)
5. Ordinance to EXTEND the date for Town Center Associates, LLC, to satisfy conditions re
closure of a portion of Market Street (DISTRICT 4 — BAYSIDE)
6. Ordinance to AUTHORIZE $1, 000 reimbursement re employee legal fees
7. Ordinances to ACCEPT and APPROPRIATE donated funds:
a. $130,000 from The Virginia Beach Library Foundation and $50,000 from the Friends of
the Virginia Beach Public Library to the Operating Budget of the Department of Public
Libraries
b. $100,000 from Dominion Virginia Power to the City's Beautification Fund re landscape
management
c. $ 3,337.60 from the Parks and Recreation Foundation re improvement of the Bellamy
Woods Park
8. Ordinances to ACCEPT, APPROPRIATE and TRANSFER Grant Funds:
a. $ 40, 000 for creation of the Cercle Des Vacances French Co-op Partnership re Virginia
Tourism Corporation Marketing Leverage program
b. $ 36,250 from the Department of Criminal Justice Services (DCJS) through the Byrne
Justice Assistant Grant Program re implementation of an aggression replacement
training program
c. $ 13, 000 from the Virginia Department of Emergency Management (VDEM) re upgrades
to the City's Emergency Operations Center
d. $72,010 to the General Registrar FY 2013 Budget re replacement of pollbooks
February 12, 2013
-7 -
AGENDA REVIEW SESSION
ITEM #62540(Continued)
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
L. PLANNING
1. Application of OCEAN CONDOMINIUM DEVELOPERS, LLC for a Variance to
§4.4(b) of the Subdivision Ordinance to SUBDIVIDE a lot into two (2) at 4805 Lee
Avenue DISTRICT 4 - BAYSIDE
2. Application of MICHAEL T. ABENANTE for a Variance to §4.4(b) of the Subdivision
Ordinance to CREATE an additional lot at 716 Woodstock Road DISTRICT 1 -
CENTERVILLE
3. Application of C &C DEVELOPMENT CO., INC., Christopher J. Ettel and Chancey
W. Walker, III to reconstruct a Non -Conforming Use and DEMOLISH and
CONTRUCT single family residences at 207 51S` Street DISTRICT 5 - LYNNHAVEN
4. Application of SURF BEACH CLUB, INC. to reconstruct a Non -Conforming Use and
REPLACE nine (9) cabana structures at 5704 Ocean Front Avenue DISTRICT 5 -
LYNNHAVEN
5. Application of BURNETTE DEVELOPMENT, LLC and PARETTA D. MUDD for a
Conditional Use Permit re a self -storage at 5737 Northampton Boulevard
DISTRICT 2 - KEMPSVILLE
6. Application of PRINCESS ANNE MASONIC LODGE #25 and EMMA SMITHSON
FOUNTAIN for a Conditional Use Permit to MOVE the Masonic Lodge from Princess
Anne Road to 3067 West Neck Road (the Thomas Woodhouse historical property)
DISTRICT 7 - PRINCESS ANNE
7. Application of TRUSTEES OF FIRST PRESBYTERIAN CHURCH OF VIRGINIA
BEACH for a Conditional Use Permit re a columbarium at 300 36`x` Street
DISTRICT 6 - BEACH
8. Application of BAKER ROAD SENIORS, LLC for a Change of Zoning from
Conditional A- 36 Apartment to Conditional A-24 Apartment at 544 Baker Road
DISTRICT 4 - BAYSIDE
9. Application of MPB, INC. for a Conditional Change of Zoning from AG -I and AG -2
Agricultural to Conditional 0-2 Office re an office structure at Princess Anne Road
and Elson Green Avenue (deferred November 13, December 4, 11, 2012 and
January 22, 2013) DISTRICT 7 - PRINCESS ANNE
A Revised Version of Item #4 shall be considered
Item#9 shall be considered separately as speakers are registered
February 12, 2013
-8-
ITEM#62541
Vice Mayor Louis R. Jones 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: Council, 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 2.2-3711(A)(3).
Acquisition/Disposition of City Property: Kempsville District
February 12, 2013
-9 -
ITEM# 62541(Continued)
Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council voted to proceed into
CLOSED SESSION at 5:02 P.M.
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
(Closed Session
5:02 P.M. 5:50 P.M.)
February 12, 2013
-10 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
February 12, 2013
6:00 P.M.
Vice Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Chamber, City Hall, on Tuesday, February 12, 2013, at 6:00 P.M
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.,
INVOCATION: Reverend Tommy Taylor
Pastor, Trinity Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Dixon
Hughes Goodman and is directly and indirectly involved in many of Dixon Hughes Goodman's
transactions. However, due to the size of Dixon Hughes Goodman and the volume of transactions it
handles in any given year, Dixon Hughes Goodman 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
February 12, 2013
-11 -
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 10, 2012, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential
Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the
volume of transactions it handles in any given year, Prudential has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
February 12, 2013
Item -VI-E
CERTIFICATION
-12-
ITEM #62542
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
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 #62541 Page 9, 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.
th Hodges Fraser, MMC
City Clerk
February 12, 2013
Item -VI -F.1
MINUTES
-13-
ITEM #62543
Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of January 22, 2013.
Voting: 8-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
Council Members Abstaining.•
John E. Uhrin and Rosemary Wilson
February 12, 2013
-14 -
ITEM -14-H.1
MAYOR'S PRESENTATION ITEM #62544
PROCLAMATION: CAPTAIN CHARLES L. STUPPARD DAY
Vice Mayor Jones presented a Resolution to Captain Charles L. Stuppard, PhD., USN, recognizing him
for his Service to the nation and the tremendous contribution he has made to ensure Virginia Beach is the
best City in the world to live, work and play. He congratulated Captain Stuppard and wished him well in
his new assignment.
February 12, 2013
RESOLUTION
WHEREAS: Captain Charles L. Stuppard, PhD, USN was born in St -Marc, Haiti, and graduated Cornell University, he
joined the Navy in 1985 as an Aviation Officer Candidate. After he was commissioned and he completed flight training,
he switched to the Surface Warfare community;
WHEREAS: He served with distinction on the USS BIDDLE, REEVES, SIDES, GONZALEZ, NICHOLAS and the
ARLEIGH BURKE. While there, Captain Stuppard deployed to the Mediterranean Sea as the Commander of the US
Surface Strike Group 06-1;
WHEREAS: His shore duty assignments included: student at the Naval War College in Newport, Rhode Island, where
he earned a Masters in National Security and Strategic Studies. He studied at the Armed Forces Staff College in Norfolk,
Virginia, the Command Leadership School in Newport, Rhode Island, and served a one year Individual Augmentee tour
in Kuwait from May 2007 -June 2008 caring for a Force of 10,000 sailors and served as Executive Assistant to the
Commander of Navy Installations Command at the Washington Navy Yard prior to assuming his current assignment as
Commander at the Joint Expeditionary Base Little Creek -Fort Story;
WHEREAS: His awards include the Legion of Merit, Defense Meritorious Service Medal, three Meritorious Service
Medals, four Navy Commendation Medals, the Joint Service Achievement Medal and various Unit citations and ribbons;
WHEREAS: In November 2012, Captain Stuppard earned his Doctoral Degree in Humanities from Salve Regina
University in Newport, Rhode Island;
WHEREAS: During his tour as Commander of Joint Expeditionary Base Little Creek -Fort Story, he executed $3 -Million
in facilities sustainment work, executed over $184- Million in construction for Commander, Navy Installations Command
(CNIC) facilities which vastly improved the operational capabilities and quality of life for those who live and work on the
Installation;
WHEREAS: He opened an $1I Million LEED Silver Child Development Center, a $47 Million Navy Exchange (NEX)
Mini -Mart, and the $8.2 Million First Naval Construction Division Headquarters, a LEED Gold facility that incorporates
cutting edge energy saving designs into a state-of-the-art Command Center for the Naval Construction Force; and,
perhaps most importantly, after determining that Joint Expeditionary Base Little Creek's electrical distribution system
was inadequate to support current and future operations as well as posing life safety risks, he and his staff pursued and
were successful for emergent Congressional funding in support of a $Z Million project that will double the installation's
capacity two full fiscal years earlier than would have been accomplished otherwise;
WHEREAS: His service to the nation has been exemplary since taking the Oath as an Officer in the United States Navy;
and,
WHEREAS: Throughout his career, he has been a Patron, a Statesman, a Strategic Thinker and an accomplished
Leader.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize
Captain Charles L. Stuppard, PhD, USN, and to THANK him for the tremendous contribution he has made to ensure
"Virginia Beach is the best City in the world to live, work and play".
BE IT FURTHER RESOLVED: That all citizens recognize Captain Stuppard's exemplary military service and that this
Twelfth day of February, Two Thousand Thirteen, be commemorated as:
CAPTAIN CHARLES L. STUPPARD DAY
Given under our hands and seals this Twelfth day of February, Two Thousand Thirteen,
Councilman Glenn R Davis
Council Lady Barbara 5fen(ey
Councilman yohn E. Zlfirin
Councifnan William R; 'Bill' DeSteph Councilman Robert 9l 'Bob' Dyer
Councilman John D. Moss Dr. Amelia N Ross-lfammoruf
Council' Lady Rosemary Wilson Councilman5amies L. Wood
Vice Mayor Louis R: Sones Mayor William D. "Wilt' Sessoms
-15 -
Item -VI -I.1
PUBLIC HEARINGS ITEM #62545
Vice Mayor Jones DECLARED A PUBLIC HEARING:
SALE OF EXCESS CITY -OWNED PROPERTY
a. Proposed 25`" Street Development
There being no speakers, Vice Mayor Jones CLOSED THE PUBLIC HEARING.
February 12, 2013
-16 -
Item -VI -I.1
PUBLIC COMMENT ITEM #62546
Vice Mayor Jones DECLARED PUBLIC COMMENT:
SUSTAINABILITY PLAN
The following individuals registered to speak:
Max Gonano, 1877 Staberhille Drive, Phone: 642-3776, spoke in favor of the Plan but expressed
concerns that the Plan says little to nothing re Workforce. The City has the highest cost of living in the
area, yet employee pay is the "middle of the pack ". The Plan does not offer any sort of solution and
`hundreds of First Responders make closer to $40 -THOUSAND a year. The City is a great place and
needs to recognize its great employees.
Joe Polozzi, 217 Coltan Avenue, Apartment 301, Phone: 572-2721, when first hired six (6) years ago,
received a letter from the City Manager stating his most valued asset is employees. Mr. Polozzi stated he
had not received a raise since he began employment. Mr. Polozzi stated the City is the greatest city in the
world because of public safety. Mr. Polozzi would like to see the Plan address Workforce.
David Wesp, 5112 Venture Court, #101, Phone: 408-6093, is a Board Member of the Hampton Roads
Tea Party. Mr. Wesp stated no one truly understands the true meaning of "sustainability". In order to
be a sustainable community, the City must eliminate those things that are not sustainable.
William Bailey, 644 Edwin Drive, Phone: 288-5761, President of Beach Firefighters, expressed concerns
regarding the lack of Workforce included in the Plan. The City should seek input from the employees that
are planning to be working in 25 years and give the employees a sustainable plan to get to a salary they
would like to have.
Diana Howard, 1057 Debaca Court, Phone: 721-5128 , stated there is nothing new in this Plan. She
attended every meeting, except for two, and she felt the purpose was to convince the citizens to support
this Plan and increase the size of government.
R. Carter McRee, 525 Virginia Dare Drive, Phone: 415-308-3547, is a lifelong resident of the City,
expressed his appreciation for the City proposing "sustainability ". Mr. McRee expressed his concern for
preparedness and would like to see more in the Plan. Mr. McRee encouraged the City to continue
looking at new things and better ways to do business.
There being no additional speakers, Vice Mayor Jones CLOSED THE PUBLIC COMMENT.
February 12, 2013
-17 -
ADOPT AGENDA
FOR FORMAL SESSION ITEM #62547
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
February 12, 2013
-18 -
Item -VI-K
ORDINANCES ITEM #62548
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council APPROVED, IN ONE
MOTION, Items 1, 2, 3, 4, 5, 6, 7a/b/c and 8a/b/c/d.
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
-19 -
Item -VI-K.1
ORDINANCES ITEM #62549
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to DECLARE the parcel at 310 25`'' Street to be in EXCESS of the City's needs
and to AUTHORIZE the EXECUTION of a Comprehensive Agreement with 25`x` Street Associates, LLC
DISTRICT 6 — BEACH
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
1 AN ORDINANCE (1) DECLARING THE 2.18+/-
2 ACRE MUNICIPAL PARKING LOT LOCATED ON
3 25TH STREET BETWEEN PACIFIC AND ARCTIC
4 AVENUES TO BE IN EXCESS OF THE CITY'S
5 NEEDS AND (2) AUTHORIZING THE EXECUTION
6 OF A COMPREHENSIVE AGREEMENT BETWEEN
7 THE CITY OF VIRGINIA BEACH AND 25TH
8 STREET ASSOCIATES, LLC
9
10 WHEREAS, the City of Virginia Beach (the "City") is the owner a 2.18+/- acre
11 parcel of land located at 25th Street between Pacific and Arctic Avenues, known as 310
12 25th Street (GPIN 2427-09-5787), which is currently being utilized as a municipal
13 parking lot (the "Property");
14
15 WHEREAS, on September 26, 2011, the City received an unsolicited conceptual
16 proposal (the "Proposal") under the Virginia Public -Private Education Facilities and
17 Infrastructure Act ( the "PPEA") and PPEA Guidelines adopted by City Council (the
18 "Guidelines") from the Breeden Company for the development of a public parking
19 structure along with apartments, an entertainment facility, and other related commercial
20 facilities on the Property (this proposal, and the underlying project, collectively, the
21 "Proposed Project");
22
23 WHEREAS, the Proposed Project contemplates the Developer, defined below,
24 purchasing the Property from the City, demolishing the existing parking lot, and re -
25 developing the Property, to consist of an approximate 147 -unit apartment complex (the
26 "Apartments"), an approximate 8,000 sq. ft. "iFly" entertainment facility (the
27 "Entertainment Facility"), approximately 2,500 sq. ft. of potential commercial space (the
28 "Commercial Space"), and a structured parking garage containing approximately 598
29 parking spaces, 377 of which would be dedicated for use by the general public (the
30 "Parking Garage");
31
32 WHEREAS, following completion of construction of the Apartments,
33 Entertainment Facility, Commercial Space and Parking Garage (collectively, the
34 "Improvements"), Developer further proposes conveying the Parking Garage to the City,
35 together with the real property upon which the Parking Garage is located, subject to a
36 long-term lease of approximately 221 parking spaces for the exclusive use and benefit
37 of the Apartments;
38
39 WHEREAS, on October 13, 2011, the City accepted the Proposal, and, as
40 required by the PPEA and the Guidelines, on October 23, 2011, the City gave notice on
41 the City website and The Virginian -Pilot of the Proposal and sought competing
42 conceptual proposals from the public, for a period of 90 days;
43
44 WHEREAS, the City received no other responses from its solicitation for
45 competing conceptual proposals, and pursuant to the Guidelines, the City moved to the
46 detail proposal stage of the PPEA process;
47 WHEREAS, an affiliated entity of Breeden Company, 25th Street Associates, LLC
48 (the "Developer") and City staff have negotiated the terms and conditions of a
49 comprehensive agreement, as defined in the PPEA (the "Agreement") by which the
50 Property would be sold to the Developer and the Improvements constructed. A Summary
51 of Terms setting forth the details of the Agreement is attached hereto as Exhibit A;
52
53 WHEREAS, as required by the PPEA, the City held a public hearing on December
54 11, 2012, to allow the City Council to receive input from the public on the Proposed
55 Project, and this public hearing was held at least 30 days prior to the date of execution of
56 the Agreement;
57
58 WHEREAS, as required by the PPEA, the Agreement has been publicly posted
59 since January 11, 2013; and
60
61 WHEREAS, the City Council is of the opinion that the Property is in excess of the
62 City's needs and the sale of the Property to Developer, pursuant to the terms of the
63 Agreement, would promote the City's goals by providing additional public parking for the
64 citizens of the City.
65
66 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
67 VIRGINIA BEACH, VIRGINIA:
68
69 1. That the 2.18+/- acre parcel of land located at 25th Street between Pacific and
70 Arctic Avenues, known as 310 25th Street (GPIN 2427-09-5787), which is currently being
71 utilized as a municipal parking lot (the "Property") is hereby declared to be in excess of
72 the needs of the City of Virginia Beach.
73
74 2. That City Council has determined entering into a comprehensive agreement
75 under the PPEA on the terms and conditions set forth in the Summary of Terms,
76 attached hereto as Exhibit A, and made a part hereof, will serve a public purpose
77 because (i) there is a public need and benefit to be derived from such agreement, (ii) the
78 price of such design, construction, and outfitting is reasonable in relation to similar
79 facilities, and (iii) the agreement will result in the timely development of additional
80 structured public parking.
81
82 3. That the City Manager is hereby authorized to execute the Agreement and any
83 and all other documents necessary to convey the Property to 25th Street Associates,
84 LLC, so long as such documents are in substantial conformity with the attached
85 Summary of Terms, and such other terms, conditions or modifications deemed
86 necessary and sufficient by the City Manager and in a form deemed satisfactory by the
87 City Attorney.
88
89 This Ordinance shall be effective from the date of its adoption.
90
91 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
92 of February 2013.
93 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE -
94 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
APPROVED AS TO CONTENT:
r
ategic G • h Area Offi
APPROVED AS TO CONTENT:
City Manager
CA12157
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney
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R-1
February 1, 2013
EXHIBIT A
SUMMARY OF TERMS
25th STREET DEVELOPMENT
PPEA COMPREHENSIVE AGREEMENT
City: City of Virginia Beach
Developer: 25th Street Associates, LLC
Property: 2.18 +/- acre municipal parking lot at 310 25th Street between Pacific
and Arctic Avenues (GPIN 2427-09-5787).
Agreement: "Comprehensive Agreement" pursuant to the Virginia Public -Private
Education Facilities and Infrastructure Act ( the "PPEA") and PPEA
Guidelines adopted by City Council.
Project
Description:
• Developer to purchase the Property from City for $7.65MM. After purchase,
Developer to construct 147 +/- apartment units, "iFly" entertainment facility,
approximately 2,500 square feet of retail space and a 598 +/- space parking garage
(collectively the "Improvements").
• Once complete, City to purchase parking garage, subject to Developer's lease of
221 +/- parking spaces, for $7.65MM plus Developer's right to receive the
Incentive Payment, defined below. City to operate parking garage and Developer to
operate the balance of the Improvements. Exact number of parking spaces leased to
be determined based on final number of apartment units and parking spaces
constructed but in no event shall lease to Developer be for more than 230 spaces.
Garage
Operations:
• Developer to contribute 37% of the operations and maintenance costs associated
with parking garage annually.
• City to be responsible for operations of entire parking garage.
• Developer lease of 221+/- parking spaces for a term of 40 years at $1 per year
(exact number to be equal to 1.5 spaces per apartment unit constructed, with a 230
space cap).
• Developer to pay $70 per space per year (adjusted by the CPI beginning in year 11)
for capital reserves.
Page 1 of 2
Incentive Payment:
• Developer to receive a reimbursement incentive equal to 90% of admissions taxes
collected at iFly facility.
• Incentive Payment expected to be capped at a total of $2,100,000.
• Exact amount to be determined based on actual cost of construction of parking
garage. $2.1MM cap subject to adjustment of 15% up or down.
• Incentive Payment equals difference in value of fifty-five percent (55%) of the
Property ($4,207,500) and costs of construction of parking garage, plus interest
during payment of incentive. Interest is included in the cap.
Rights and Responsibilities of City:
• Subdivide the Property into three parcels prior to sale to Developer.
• Acquire parking garage for $7.65MM, plus Incentive Payment on completion of
all Improvements.
• City to pay 45% or $250,000, whichever is less, for total costs of landscaping and
streetscape improvements for entire block.
• City to make annual Incentive Payment.
• City to operate parking garage (except for spaces leased to Developer) as a public
parking garage.
Rights and Responsibilities of Developer:
• Acquire Property from City for $7.65MM no later than June 30, 2014.
• Pay all costs of development of Project.
• Complete construction of all Improvements before December 31, 2015.
• Obtain all permits and zoning approvals for Improvements.
Page 2 of 2
-20 -
Item -VI-K.2
ORDINANCES ITEM #62550
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Resolution to PETITION VDOT to CONVEY certain real property re right-of-way of
Commuter Drive to the City.
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
1 RESOLUTION PETITIONING THE COMMONWEALTH
2 OF VIRGINIA TRANSPORTATION BOARD TO
3 CONVEY CERTAIN REAL PROPERTY TO THE CITY
4 OF VIRGINIA BEACH
5
6 WHEREAS, the Commonwealth of Virginia (the "Commonwealth") acquired a
7 parcel of real estate for the construction of a commuter parking lot between
8 Independence Boulevard (South) and Holland Road, also known as VDOT Project
9 Number P044-134-102, R201, C-501 (the "Project");
10
11 WHEREAS, as part of the Project, the Commonwealth constructed Commuter
12 Drive, running between Independence Boulevard (South) and Holland Road (the "Right -
13 of -Way");
14
15 WHEREAS, all aspects of the construction of the Project are complete and title to
16 the Property remains vested in the Commonwealth; and
17
18 WHEREAS, the Right -of -Way constitutes a public road and the City of Virginia
19 Beach (the "City") maintains the Right -of -Way and believes it would be in the City's best
20 interest for title to the Right -of -Way to be transferred to the City.
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 1. That the City hereby petitions the Commonwealth of Virginia, Transportation
26 Board, pursuant to §33.1-89 and §33.1-149 of the Code of Virginia, as amended, to
27 convey the Right -of -Way to the City, and to take such other action as necessary to
28 complete the conveyance of title of the Right -of -Way to the City, and upon transfer, the
29 Right -of -Way shall cease being a part of the State Highway System.
30
31 2. That the City Manager, or his authorized designee, is hereby authorized to
32 execute any and all documents to complete the conveyance of title to the Right -of -Way,
33 so long as said documents contain such terms, conditions and modifications as may be
34 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney.
35
36 Adopted by the City Council of the City of Virginia Beach, Virginia, this 12th
37 day of February , 2013.
APPROVED AS TO CONTENT:
c.OVsa,
t. of Public Works / Real Estate
CA12431
\\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\D022\P015\00054537.DOC
R-1
January 31, 2013
APPROVED AS TO LEGAL
SUFFICIENCY:
‘tealt x'%'14\411
City Attorne
I
-21 -
Item -VI-K3
ORDINANCES ITEM #62551
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Resolution to AUTHORIZE the City Manager to EXECUTE an Accord, Satisfaction and
Release Agreement with Southeastern Public Service Authority (SPSA) re Landfill Phase I Capping
project
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
1 A RESOLUTION TO AUTHORIZE THE CITY MANAGER
2 TO EXECUTE AN ACCORD, SATISFACTION AND
3 RELEASE AGREEMENT WITH THE SOUTHEASTERN
4 PUBLIC SERVICE AUTHORITY OF VIRGINIA ("SPSA")
5 REGARDING THE VIRGINIA BEACH LANDFILL PHASE I
6 CAPPING PROJECT
7
8 WHEREAS, the City is preparing to cap Phase I of Virginia Beach Landfill II; and
9
10 WHEREAS, the City and SPSA have reached an Accord, Satisfaction and
11 Release Agreement regarding their respective rights and obligations with respect to the
12 capping, closure, and post -closure of Phase I of the landfill, which was approved by
13 SPSA's Board of Directors on January 23, 2013.
14
15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17
18 That the City Manager is hereby authorized to execute on behalf of the City of
19 Virginia Beach the Accord, Satisfaction and Release Agreement in the form attached
20 hereto.
21 12th
22 Adopted by the Council of the City of Virginia Beach, Virginia on the day
23 of February , 2013.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Public W rks City Attorney's Office
CA12506
R-1
February 1, 2013
ACCORD, SATISFACTION AND RELEASE AGREEMENT
THIS ACCORD, SATISFACTION AND RELEASE AGREEMENT (this "Agreement") is made
as of [January , 2013] (the "Effective Date"), by and between the SOUTHEASTERN PUBLIC
SERVICE AUTHORITY OF VIRGINIA, a public body corporate and politic of the Commonwealth of
Virginia ("SPSA"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia (the "City"). (Capitalized terms not otherwise defined in this Agreement shall
have the respective meanings ascribed thereto in the Ash & Residue Agreement described below.)
WHEREAS, on August 8, 1984, the City and SPSA entered into a City of Virginia Beach/SPSA
Agreement for Disposal of Ash and Process Residue (the "Ash & Residue Agreement"); and
WHEREAS, pursuant to the Ash & Residue Agreement, (a) the City agreed to accept at the
Landfill defined maximum quantities of Ash and Residue delivered by SPSA and, in exchange, (b) SPSA
agreed to reimburse the City for (i) all reasonable costs incurred by the City in operating the Landfill, plus
specified adjustments and less certain credits and (ii) certain expenditures relative to regulatory
compliance and/or site preparation or modification; and
WHEREAS, such expenditures relative to regulatory compliance and associated site preparation
and modification consist primarily of costs and expenses incurred in connection with (a) designing,
engineering, obtaining necessary regulatory approvals and constructing Landfill phases/segments
necessary for disposal of Ash and Residue in amounts contemplated by the Ash & Reside Agreement,
(b) closure construction for applicable Landfill phases/segments and (c) maintenance of applicable
Landfill phases/segments after a geosynthetic cap is constructed in respect of such Landfill
phases/segments, each in accordance with applicable rules and regulations of the Virginia Department of
Environment Quality (the "DEO") (elements (b) and (c) are further described in Schedule A attached
hereto and collectively referred to herein as the "Closure/Post-Closure Costs"); and
WHEREAS, the parties agree that SPSA is obligated to reimburse the City for a portion of the
Closure/Post-Closure Costs that will be incurred in connection with the City's closure and post -closure
care of the part of the Landfill that SPSA has in the past utilized for the disposal of Ash & Residue, but
have disagreed on both (i) the exact portion of such Closure/Post-Closure Costs for which SPSA is
obligated to reimburse the City and (ii) the extent to which SPSA is entitled to any "credits" against its
portion of such Closure/Post-Closure Costs; and
WHEREAS, the City and SPSA are also parties to an Agreement for Use and Support of a Solid
Waste Disposal System, dated August 8, 1984, as amended (the "Use & Support Agreement"), certain
provisions of which may have implications regarding the extent to which SPSA may be entitled to
"credits" against its share of Closure/Post-Closure Costs under the Ash & Residue Agreement; and
WHEREAS, without making any admission of liability or accepting the other party's position
with respect to the portion of Closure/Post-Closure Costs for which SPSA is obligated to reimburse the
City or the extent to which SPSA is entitled to any credits in respect thereof, the parties have agreed to the
full accord and satisfaction of SPSA's responsibility for Closure/Post-Closure Costs under the Ash &
Residue Agreement and the complete resolution of their disagreement with respect thereto in accordance
with the terms hereof;
I-1140547.8
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree
as follows:
1. Recitals. The Recitals set forth above are not merely recitation and are confirmed and
acknowledged by the parties by this reference as true, correct, substantive and material part of this
Agreement.
2. Accord and Satisfaction. Promptly following the execution and delivery of this
Agreement by both parties, SPSA shall deliver to the City, by wire transfer or other immediately available
funds, payment in the amount of Nine Million Five Hundred Thousand Dollars ($9,500,000) (the "SPSA
Payment"), which such SPSA Payment shall constitute full accord and satisfaction of SPSA's
Closure/Post-Closure Cost obligations in respect of the Landfill, subject only to the terms of
Section 3(a)(ii)(B) below.
3. Special Acknowledgements; Limited Releases.
(a) Special Acknowledgements. Notwithstanding anything herein to the contrary, the
Ash & Residue Agreement shall continue in full force and effect until December 31, 2015 (or its earlier
termination in accordance with the terms thereof). In connection therewith, and consistent with their
respective rights and obligations under this Agreement, the parties acknowledge and agree as follows:
(i) Except to the extent expressly contemplated herein, this Agreement does
not and shall not in any event be deemed to waive, supersede, amend or in any way modify the terms or
conditions of the Ash & Residue Agreement or any of the rights, obligations or remedies of either party
contained therein, which such terms and conditions shall remain in full force and effect until the
expiration or earlier termination of the Ash & Residue Agreement.
(ii) (A) SPSA currently is not disposing any Ash & Residue at the
Landfill, but SPSA shall have the continuing right to dispose of Ash & Residue at the Landfill,
exercisable on prior written notice to the City, until the expiration (or earlier termination) of the Ash &
Residue Agreement .
(B) If prior to the expiration or earlier termination of the Ash &
Residue Agreement SPSA elects to recommence disposal of Ash & Residue at the Landfill, then as an
express condition to such recommencement the parties shall mutually agree upon a mechanism pursuant
to which SPSA would reimburse the City for the portion of Closure/Post-Closure Costs incurred by the
City that are relative to SPSA's disposal of any such additional Ash & Residue.
(iii) Subject only to Section 3(a)(ii)(B) above, the total amount that SPSA shall
be required to pay towards any Closure/Post-Closure Costs in respect of the Landfill shall in no event and
under no circumstances exceed the SPSA Payment (i.e., $9,500,000), regardless of the
Closure/Post-Closure Costs actually paid or otherwise incurred by the City.
(b) Limited Releases.
(i) Except for its right to receive the SPSA Payment in accordance with
Section 2 above, and subject only to the terms of Section 3(a)(ii)(B) above, the City does hereby and
forever waive, release and discharge any and all rights and claims that the City currently has or may in the
2
I-1140547.8
future have against SPSA, and/or SPSA's affiliates, member communities, successors, officers, directors,
agents, employees and representatives, for any past, current and/or future liability regarding, contributions
or other payments to, reimbursement of or other responsibility for any Closure/Post-Closure Costs
incurred in respect of the Landfill, whether arising under the Ash & Residue Agreement or otherwise;
provided, however, that the City expressly does not release SPSA from any losses, claims, liabilities or
damages arising out of SPSA's breach of, violation under or failure to perform or honor any provisions of
this Agreement.
(ii) SPSA does hereby and forever waive, release and discharge any and all
rights and claims that SPSA currently has against the City, and/or the City's affiliates, successors,
officers, directors, agents, employees and representatives, for any losses, liabilities or damages arising out
of, resulting from or related to the City's actual or alleged breach of the Ash & Residue Agreement and/or
the Use & Support Agreement occurring through the Effective Date of this Agreement; provided,
however, that SPSA expressly does not release the City from any losses, claims, liabilities or damages
arising out of, resulting from or related to (x) any breach of, violation under or failure to perform or honor
any provision of the Ash & Residue Agreement by the City that occurs subsequent to the Effective Date
of this Agreement, (y) any breach of, violation under or failure to perform or honor any provision of the
Use & Support Agreement by the City that occurs subsequent to the Effect Date of this Agreement or
(z) the City's breach of, violation under or failure to perform or honor any provisions of this Agreement.
4. Miscellaneous.
(a) Entire Agreement. This Agreement, together with the applicable provisions of the
Ash & Residue Agreement, constitutes the entire agreement between the parties hereto with regard to the
subject matter hereof. Each party acknowledges and agrees that all prior discussions, negotiations and
correspondence between the parties relating to the subject matter hereof are hereby merged into this
Agreement and that there are no other oral, written or other agreements of any nature whatsoever between
the parties with respect to such subject matter hereof.
(b) Applicable Law. This Agreement is an agreement under seal, and this Agreement
shall be construed, performed and enforced in accordance with the laws of the Commonwealth of
Virginia.
(c) Mediation and Litigation. Any dispute, claim or controversy between the parties
arising under, out of, in connection with or relating to this Agreement or the transactions contemplated
hereby, or any course of conduct, course of dealing, statements (oral or written) or actions of any party
relating to this Agreement, including any claim based on or arising from an alleged tort (each, a
"Dispute"), shall be resolved solely in the following manner:
(i) Mediation.
(A) Each party shall cause its designee to first meet with the other
party's designee and attempt to resolve the Dispute by mutual agreement.
(B) Failing such resolution, either party may submit to the other party
a written request for non-binding mediation. Within twenty (20) days after such written request is made,
the parties shall agree on a single mediator.
3
I-1140547.8
(C) Mediation shall take place at the place or places and at the time or
times set by the mediator, but shall not be held in public. The rules of procedure, evidence and discovery
with respect to any mediation shall be as directed by the mediator. Each party may be represented by an
attorney at hearings before the mediator.
(D) The mediator's expenses shall be borne equally by the parties.
(ii) Litigation. If any Dispute is not resolved by mediation as provided above,
either party may resort to litigation.
(d) Modifications and Waiver. No modification or waiver of any provision of this
Agreement, and no consent by any party to any departure therefrom, shall be effective unless such
modification or waiver shall be in writing and signed by a duly authorized representative of both parties,
and the same shall then be effective only for the period and on the conditions and for the specific instance
and purposes specified in such writing. No waiver of any breach or default under this Agreement shall be
deemed to be a waiver of any breach or default thereafter occurring. No omission or delay by any party in
exercising any right or power hereunder or under any document executed pursuant hereto shall impair
such right or power or be construed to be a waiver of any default or any acquiescence therein.
(e) Severability. Should any one or more of the provisions contained in this
Agreement be declared invalid, illegal or unenforceable in any respect, the validity, legality and
enforceability of any of the remaining provisions contained herein shall not in any way be affected or
impaired thereby.
(f) Successors and Assigns. This Agreement and the respective covenants,
provisions, terms, conditions and agreements herein contained shall inure to the benefit of, and be binding
upon, the parties hereto and their respective successors and assigns.
(g) Notices. All notices, requests, demands or other communications provided for
herein shall be in writing and shall be deemed to have been given and received when hand -delivered to
the person designated on the signature page hereto for the receiving party or when mailed to the receiving
party at the address stated on the signature page hereto, postage prepaid by certified or registered mail of
the United States, return receipt requested, or via nationally -recognized overnight courier service. All
notices, requests, demands or other communications that are addressed in accordance with the foregoing
terms and given in the manner herein provided shall be conclusively deemed valid notice; however, actual
receipt of any such notice, request, demand or other communication shall be sufficient. Each party to this
Agreement may change its designated person or designated address at any time and from time to time by
giving notice of each such change to the other party to this Agreement in the manner set forth in this
paragraph.
(h) Power and Authority. Each of the parties to this Agreement warrants that this
Agreement has been approved to the extent legally required by its applicable governing body and that
such party has full power and authority to enter into, execute, deliver and perform this Agreement, and
that no other consent, approval, authorization, registration or declaration from, by or with any court,
governmental authority or any other person or entity is required in connection with the execution,
delivery, performance, validity and enforceability of this Agreement.
4
I-1140547.8
(i) Counterparts. This Agreement may be executed in one or more counterparts, and
such executed counterparts shall constitute one agreement, binding on all the parties hereto, notwithstanding
that the parties are not signators to the original or the same counterpart.
[Signatures begin on next page]
5
I-1140547.8
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date set
forth above.
To SPSA:
Rowland L. Taylor
Executive Director
Southeastern Public Service Authority of Virginia
723 Woodlake Drive
Chesapeake, VA 23320
With a copy to:
Henry J. Huelsberg, III, Esquire
Willcox & Savage, P.C.
440 Monticello Avenue, Suite 2200
Norfolk, VA 23510
To the City:
James K. Spore
City Manager
2401 Courthouse Drive
Municipal Center
Virginia Beach, VA 23456
With a copy to:
Mark D. Stiles, Esquire
City Attorney
2401 Courthouse Drive
Municipal Center
Virginia Beach, VA 23456
6
1-1140547.8
SPSA:
SOUTHEASTERN PUBLIC SERVICE
AUTHORITY OF VIRGINIA,
a public body corporate and politic of the
Commonwealth of Virginia
By:
Name:
Title:
CITY:
CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia
By:
Name:
Title:
SCHEDULE A
Closure/Post-Closure Costs
GENERAL:
Engineering Design and Consultation
Mobilization/Demobilization
General Requirements
Bond
SITE WORK:
Temporary Erosion & Sediment Control
Stabilized Construction Entrance
Silt Fence
Surveying
Site Restoration (Laydown/Staging Area)
Temporary Construction Fence
GEOSYNTHETIC CAP SYSTEM CONSTRUCTION:
Final Cap Area
Fine Grading
Flexible Geomembrane Liner
Geocomposite Drainage Net
Soil and Geosynthetic Testing
Protective Cover Layer
Topsoil Layer
Toe Drain
EROSION & SEDIMENT CONTROL/STORM WATER CONTROL SYSTEM:
Seeding/Stabilization
Downchutes
Access Road
Access Road Culverts
Endwalls / Flared End Section
Outlet Protection (Rip Rap)
Erosion Control Matting
POST -CLOSURE COSTS:
Engineering Consultation
Personnel Costs Associated with Post -Closure Activities
Groundwater Compliance
Leachate Management
Stormwater Management
Corrective Maintenance
1
I-1140547.8
Landfill Gas Compliance
Vector and Rodent Control Costs
Routine Maintenance and Repairs:
• Settlement/depression fill
• Mowing
• Repair of Washouts
• Reseeding (as needed)
• Inspections (as required under the DEQ -approved Post -Closure Plan)
2
I-1140547.8
-22 -
Item -VI-K.4
ORDINANCES ITEM #62556
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Resolution to AUTHORIZE the City Manager to EXECUTE two (2) Agreements with the
Patriotic Festival, LLC ($325,000 Sponsorship Grants)
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
1 A RESOLUTION TO AUTHORIZE THE CITY
2 MANAGER TO EXECUTE TWO AGREEMENTS WITH
3 THE PATRIOTIC FESTIVAL, LLC
4
5 WHEREAS, City Council has adopted ordinances in the past authorizing the City
6 of Virginia Beach ("City") to enter into agreements with the Patriotic Festival, LLC, a
7 Virginia limited liability company with 501(c)(3) status, to bring musical entertainment
8 events and, in 2012, an air show, to Virginia Beach to honor the nation's military; and
9
10
11
12
13
14 WHEREAS, in furtherance of that objective, the Ci desires to co-sponsor
15 events to honor the military by providing festive activities, m ical entertainment, and an
16 air show on May 31, 2013 through June 2, 2013, to be known as the Ninth Annual
17 Patriotic Salute and Celebration ("Celebration"); and
18
19 WHEREAS, the City and the Patriotic Festival, LLC have tentatively agreed to
20 terms and conditions describing each party's responsibilities, as set forth in the
21 summary (attached); and
22
23 WHEREAS, the first agreement addresses the festive activities and musical
24 entertainment, and the second agreement addresses the oceanfront air show.
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH:
28
29 That the City Manager is hereby authorized and directed to execute two
30 agreements between the City and the Patriotic Festival, LLC for the production of the
31 Celebration, in a form acceptable to the City Manager and approved by the City
32 Attorney, consistent with the attached summary of terms.
WHEREAS, the City again wishes to express its wholehearted support and
sincere appreciation and admiration for our nation's military for their bravery in
protecting America's freedoms; and
Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day
of February , 2013.
APPROVED AS TO CONTENT:
K-eriPrr
Conv tion & Visitors Bureau
CA12516
R-4
February 5, 2013
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Offic
SUMMARY OF TERMS
AGREEMENTS BETWEEN THE CITY OF VIRGINIA
BEACH AND PATRIOTIC FESTIVAL, LLC
Purpose: To honor the military community, the City desires to provide grants to facilitate a
celebration for the military on May 31, 2013 through June 2, 2013, to be known
as the Ninth Annual Patriotic Salute and Celebration ("Celebration").
Parties: City of Virginia Beach ("City") and Patriotic Festival, LLC ("Producer")
1. Agreement for Musical Event
Responsibilities and Rights of the City:
• Provide a $100,000 grant to the Producer to procure and produce musical entertainment
for the Celebration ("Musical Event"). Producer has no obligation to repay the grant.
• Convention and Visitors Bureau shall reimburse Producer up to $15,000 for out -of -
market promotion, advertising and marketing costs for the Musical Event.
• Provide waste receptacles for Musical Event.
• City shall have the right to audit all books and records of Producer relating to the
agreement.
Responsibilities of Producer:
• Organize, plan, initiate, promote, conduct or otherwise provide managerial, operational,
and logistical support for the Musical Event.
• Secure all necessary permits required by federal, state or local statutes, ordinances and
regulations, including special event permits.
• Procure, negotiate and book the entertainment.
• Develop and implement recycling and waste disposal plan.
• Collect and dispose of trash and recyclables daily.
• Ensure that Event Area is cleaned and free of debris by 9 a.m. each morning following
each day of the Event.
• Raise a minimum $300,000 in private -sector sponsorship solicitations to be used in direct
support of the Musical Event.
2. Agreement for Air Show
Responsibilities and Rights of the City:
• Provide a $225,000 grant to the Producer to procure and produce an oceanfront air show
("Air Show").
• Provide waste receptacles for Air Show.
• City shall have the right to audit all books and records of Producer relating to the
agreement.
Responsibilities of Producer:
• Produce, manage, facilitate and supervise the Air Show.
• Refund to the City $75,000: By September 30, 2013, Producer will refund to the City
fifty percent (50%) of the first one hundred fifty thousand dollars ($150,000) in Event
Net Revenue ("Refund Payment"). If Event Net Revenue does not equal or exceed
$150,000, then the Producer shall pay to the City the difference between $75,000 and
the amount of the Refund Payment. That payment shall be made by December 31, 2014.
• Secure all necessary permits required by federal, state or local statutes, ordinances and
regulations, including special event permits.
• Develop and implement recycling and waste disposal plan.
• Collect and dispose of trash and recyclables daily.
• Ensure that Event Area is cleaned and free of debris by 9 a.m. each morning following
each day of the Event.
• Enter into contracts, in Producer's name, to facilitate Air Show.
• Raise a minimum of $100,000 in private-sector sponsorship solicitations to be used in
direct support of the Air Show.
-23 -
Item -VI-K.5
ORDINANCES ITEM #62557
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to EXTEND the date for Town Center Associates, LLC, to satisfy conditions re
closure of a portion of Market Street DISTRICT 4 — BAYSIDE
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
1 AN ORDINANCE EXTENDING THE DATE
2 FOR SATISFYING THE CONDITIONS IN THE
3 MATTER OF CLOSING, VACATING AND
4 DISCONTINUING A PORTION OF THAT
5 CERTAIN STREET KNOWN AS "PORTION
6 OF MARKET STREET TO BE CLOSED AREA
7 = 8 SQUARE FEET" AS SHOWN ON THAT
8 CERTAIN PLAT ENTITLED "PLAT SHOWING
9 PORTION OF MARKET STREET TO BE
10 CLOSED, VIRGINIA BEACH, VIRGINIA".
11 (TOWN CENTER - BLOCK 9)
12
13 WHEREAS, on March 24, 2009, the Council of the City of Virginia Beach
14 acted upon the application of Town Center Associates, L.L.C., for the closure of a
15 portion of Market Street and its subjacent air space at the southwestern corner of Block
16 9 at Town Center, as shown on Exhibit "A" attached hereto;
17
18 WHEREAS, on March 24, 2009 the Council adopted an Ordinance to
19 close the aforesaid street, subject to certain conditions being met on or before March
20 24, 2010; and
21
22 WHEREAS, on January 20, 2010, the applicant requested and was
23 granted an extension of time to March 24, 2011, to satisfy the conditions attached to the
24 aforesaid street closure;
25
26 WHEREAS, on February 25, 2011, the applicant requested and was
27 granted an additional extension of time to March 24, 2013, to satisfy the conditions
28 attached to the aforesaid street closure; and
29
30 WHEREAS, on January 16, 2013, the applicant requested an additional
31 extension of time to satisfy the conditions attached to the aforesaid street closure.
32
33 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
34 Virginia Beach, Virginia:
35
36 That the date for meeting conditions of closure as stated in the Ordinance
37 adopted on March 24, 2009 (ORD-3074A), upon application of Town Center Associates,
38 L.L.C., is extended to April 30, 2015.
39
40 12th Adopted by the Council of the City of Virginia Beach, Virginia, on this
41 day of February , 2013.
42
43 GPIN: 1477-54-1429
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
CA12434
\\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D008\P014\00009163. DOC
R-1
February 1, 2013
2
City Attorney
2
EXHIBIT A — Page 1 of 2
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INDEPENDENCE BLVD
VIRGINIA BEACH BLVD
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COLUMBUS
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LOCATION MAP — SCALE: 1" = 2,000'
COMMERCB STREET 81 RA3' PUBLIC /NGRESS/EGRESS
% AND UAL/TY EASEMENT
(/NST. /200402060023049,) (INST /200402100024237)
(FORMERLY CL£I'ELANO STREET" (NST. /200404080055240) (TP)
—N 8935'57" E 200.26'
(fl
o;
0
N
84.85'
1
N 3,474,594.1037 N 3,474,595.5046
E 12,175,006.2284 E 12.175,206.4835
— 3' SUBJACENT A/R SPACE
(INST /200212313087765)
(/NST. /200402100024237)
(INS1 /200404080055240) (TYP)
TOWN CENTER BLOCK 9
(INST. #200402060023049)
AREA= 44,062 SF
OR 1.012 AC
GPIN: 1 477-54-1 429
NOTE: MERIDIAN SHOWN HEREON IS BASED ON THE
VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE,
NORTH AMERICAN DATUM 1983/1993 WARN (NAD 83/93,
HARN) AND REFERENCED 70 VIRGINIA BEACH GPS
STATIONS "4737-1744" & "4793".
PREWOUS
RIGHT—OF—W 4Y OED/CA77ON
(INST /20010206002.3049)
SEE DETAIL 'A'
PREWOUS S 44'35'53" W
RIGHT—OF WAY DEO/CATION 10.38'
(/NST. /200212303086483)
S 89'35'53" W 190.63'
COLUMBUS STREET (VAR MNDTH RAV
(MB 110, PO- 12) (/NST. 200212303086483)
REV
AS PER CLIENT
KCR
1-26-2009
piN(F)
PLAT SHOWING
PORTION OF MARKET STREET
TO BE CLOSED
\/IRraHIA PRArsi-1 viDcinuA
h FA
S 0074'03" E
0(0
SHEET 1 OF 2
MSA_ P.C.
ENVIRONMENTAL SCIENCES • GEOSCIENCES
PLANNING • SURVEYING •ENGINEERING
•LANDSCAPE ARCHITECTURE
5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462
757-490-9264 (OFC) 757-490-0634 (FAX)
www.msoonline.com
PROJ. NO.: 06161B DRAWN: KCR
EXHIBIT A - Page 2 of 2
CURVE TABLE
CURVE
RADIUS
LENGTH
TANGENT
CHORD
BEARING
DELTA
C1
25.00
10.78
5.48
10.70
S 12'42'36" E
24'42'36"
C2
28.00
10.71
5.42
10.65
S 1119'42" E
21'55'04"
C3
25.00
3.42
1.71
3.42
N 29'01'48" W
7'50'21"
LINE TABLE
LINE
BEARING
LENGTH
L1
N 00'24'10" W
10.45
L2
S 8915'53" W
2.02
L3
S 8915'53" W
0.97
L4
S 00'24'10" E
3.00
L5
S 89'35'53" W
11.08
L6
N 89'35'53" E
12.72
N
0
0
z
\ill
\\\\
L5
N 8915'53" E
2.28'
3' SUBJACENT A/R SPACE
(/NST. /200212313087765)
(/NST. /200402100024237)
(iNST. /200404080055240) (1)12)
REV
AS PER CLIENT
KCR
SUBJACENT AIR SPACE TO BE CLOSED.
AREA = 7 SQUARE FEET
SUBJACENT AIR SPACE TO BE CONVEYED
TO THE CITY OF VIRGINIA BEACH.
AREA = 36 SQUARE FEET
PORTION OF MARKET STREET AND 3'.
PUBLIC INGRESS/EGRESS AND UTILITY
EASEMENT TO BE CLOSED. AREA = 8
SQUARE FEET
h
Niz
PREWOUS
R/6HT—OF—H'AY DED/CATION
(iNST. /200212303086483)
N 8915'53" E
1._..Y' PUBVC /NN1?ESS//6RESS
AND U111./TY EASEMENT
(/NST. /200212313087765)
(/NST /200402100024237)
(/NST. /200404080055240) (TYP)
DETAIL A
SCALE: 1 " = 10'
1-26-2009
PLAT SHOWING
PORTION OF MARKET STREET
TO BE CLOSED
\ARC:11\11A RRAr,LJ vUDt'IkIIA
SHEET 2 OF 2
P.C.
ENVIRONMENTAL
PLNNN RVESNNERNESANIG•SUEYING•EGIEIG
•LANDSCAPE ARCHITECTURE
5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462
757-490-9264 (OFC) 757-490-0634 (FAX)
www.msaonline.com
PROJ. NO.: 06161B DRAWN: KCR
Item #18
Town Center Associates, L.L.C.
Discontinuance, closure and abandonment of a portion of
Market Street
Northeast corner of the intersection of Market Street and Columbus Street
District 5
Lynnhaven
February 11, 2009
CONSENT
Joseph Strange: The next item is item 18, an application of Town Center Associates, L.L.C.
for a discontinuance, closure, and abandonment of a portion of Market Street located at the
northeast corner of the intersection of Market Street and Columbus Street, District 5,
Lynnhaven with six (6) conditions.
Mike Nuchols: Good afternoon for the record, Mike Nuchols representing the applicant.
The applicant is in agreement with all the conditions.
Joseph Strange: Thank you very much. Is there any opposition to this matter being placed on
the consent agenda? If not, the Chairman has asked Ron Ripley to review this item.
Ronald Ripley: Thank you Joe. This is really a housekeeping matter too. It's a
discontinuance, closure, and abandonment of a little small portion, actually the northeast
corner of Market Street and Columbus Street at the 'Town Center. It really kind of squares
the block off for this next development that Armada Hoffler will be developing, which is a
208 -unit apaitinent building, a hotel, and some retail component. It does include adjacent air
space, which is, in the case of zero lot line developments like this, where you build right up
to the right-of-way. Sometimes you might impede the right-of-way with your foundations or
your beams and this basically it avoids those conflicts. There is method worked out for the
City. So, it was very minor matter, and we felt that it ought to go on consent.
Joseph Strange: Thank you Ron. Madame Chairman, I make a motion to approve item 18.
Janice Anderson: We have a motion by Joe Strange and a second by Gene Crabtree. Mr.
Redmond?
David Redmond: Madame Chairman, I will be abstaining on item 18, as I have a business
conflict.
Janice Anderson: Thank you.
AYE 10 NAY 0 ABS 1 ABSENT 0
ANDERSON AYE
BERNAS AYE
Item #18
Town Center Associates, L.L.C.
Page 2
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KATSIAS AYE
LIVAS AVE
REDMOND
RIPLEY AYE
RUSSO AYE
STRANGE AYE
ABS
Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has approved item 18
for consent.
Map E-7
Mom Not to Scole
Town Center Associates, LLC
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11
Street Closure
# 18
February 11, 2009 Public Hearing
APPLICANT:
TOWN CENTER
ASSOCIATES, LLC
PROPERTY OWNER:
VIRGINIA BEACH
DEVELOPMENT
AUTHORITY
STAFF PLANNER: Carolyn A.K. Smith
REQUEST:
Discontinuance, closure and abandonment of a portion of right-of-way known as Market Street, and subjacent
air space, at the northeast corner of Columbus Street and Market Street
ADDRESS / DESCRIPTION: Property located on the northeast corner of corner of Columbus Street and
Market Street
GPIN:
1477541429
ELECTION DISTRICT:
LYNNHAVEN
SITE SIZE: AICUZ:
8 square feet: portion Less than 65 dB DNL
of Market Street
7 square feet:
subjacent air space
SUMMARY OF REQUEST
The applicant requests closure of a very sm all portion of the
Market Street right-of-way and subjacent air space in order to square off the corner and ultimately
construct a 15 -story building consisting of a retail component and up to 208 units as a mix of hotel and
apartments. A Conditional Use Permit is required, and follows, to construct this structure. Specifically, the
request is to close eight (8) square feet at the corner of Columbus and Market Streets and to close seven
(7) square feet of subjacent air space, for improvements to the site. As part of this agreement, the City
will receive 36 square feet of subjacent airspace to be conveyed by the Virginia Beach Development
Authority.
TOWN CENTER ASSOCIATES / VBDA
Agenda Item 18
Page 1
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped vacant site
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
• Comm erce Street, restaurant and retail / B -3A Business District
• Colum bus Street, office, open space / B-3 Business District
• Central Park Avenue, apartments / B -3A Business District
• Market Street, hotel and apartments / B -3A Business District
The site is within the Chesapeake Bay watershed. There do not appear
to be any significant environmental or cultural features on the site.
IMPACT ON CITY SERVICES
WATER & SEWER: There are no water or sewer lines in the area proposed for closure.
PRIVATE UTILITES: Preliminary comments from private utility companies indicate that there are no private
utilities within the area proposed for closure.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Evaluation:
The Street Closure Viewers met and determined that no public inconvenience will result by approving the
requests to close eight (8) square feet of the right-of-way and seven (7) square feet of subjacent air space
at the northeast corner of Columbus and Market Streets.
Most of the streets in Town Center were dedicated with subjacent rights, meaning, a differentiation is
made between ownership of property above, below, and at grade. As the subjacent rights are those
under the land that, in this case, the City owns, the closure of the right-of-way includes property below
grade as well as above grade in order to avoid possible future legal encroachment issues with
underground supporting structures and utilities serving the improvements constructed on adjacent blocks.
As many of the buildings in Town Center are constructed with a zero setback from the right-of-way, the
foundations for the buildings (some of which are constructed on deeply driven pilings that may not be
TOWN CENTER ASSOCIATES / VBDA
Agenda Item 18
Page 2
driven exactly vertical) and utility facilities serving the buildings may protrude beneath the surface of the
adjacent streets. The request to vacate the seven (7) square feet of subjacent air space means that the
City will relinquish its rights to the property beneath a small portion of the right-of-way to the Virginia
Beach Development Authority (VBDA). Upon closure of the eight (8) square feet of Market Street and the
City's relinquishment of its subjacent air rights, the underlying area in which any supporting structures and
utilities may be located can be done so without constituting encroachment.
As part of this agreement, the Virginia Beach Development Authority (VBDA) will also convey 36 square
feet of subjacent airspace to the City. This area was reserved by the VBDA per the 2002 Phase 1-A
subdivision plat and related Deed of Dedication. A 2004 resubdivision plat and related Deed of
Dedication dedicated an 18 -foot wide strip of Market Street immediately to the north of this area, leaving
out this portion of the subjacent area. This action will simply clean up and finish off what probably should
have been included in the 2004 resubdivision.
Staff recommends approval of both the closure of eight (8) square feet and seven (7) square feet of
subjacent airspace at the northeast corner of Columbus and Market Streets subject to the conditions
below.
CONDITIONS
1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.
The purchase price to be paid to the City is normally determined according to the "Policy Regarding
Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies
of the policy are available in the Planning Department. No purchase price shall be charged in this
street closure; however, because the City of Virginia Beach Development Authority (the current owner
of the property affected by the street closure) shall reconvey to the City, as consideration for this street
closure, any interest in subjacent air space that no longer needs to be reserved by reason of this street
closure.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area
into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street
closure approval.
3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure.
Preliminary comments from the utility companies indicate that there are no private utilities within the
right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility
company, must be provided.
4. The applicant shall cause to be conveyed to the City of Virginia Beach any interest in adjoining
subjacent air space that is no longer needed by reason of this street closure. In exchange, the City
shall convey to the City of Virginia Beach Development Authority the closed portion of Market Street
together with the closed portion of subjacent air space, subject to the same terms and conditions set
forth in those Deeds of Dedication recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach as Instrument Numbers 200212313087765 and 200402100024237.
5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions
TOWN CENTER ASSOCIATES / VBDA
Agenda Item 18
Page 3
within 365 days of approval by City Council. If the conditions noted above are not accomplished and
the final plat is not approved within one year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
6. If required by the City of Virginia Beach Public Works Department, the applicant shall relocate, in a
manner satisfactory to the City of Virginia Beach Public Works Department, the existing traffic signal
pole and any other signal equipment now located within the right-of-way proposed for closure
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
TOWN CENTER ASSOCIATES / VBDA
Agenda Item 18
Page 4
AERIAL OF SITE LOCATION
TOWN CENTER ASSOCIATES / VBDA
Agenda Item 18
Page 5
o°
gv
y k
84.85'
VIRGINIA BEACH BLVD
SANK
U
w COMMERCE
0
Lu
w
z
1
COLUMBUS
ST
U
SOUTHERN BLVD
1
LOCATION MAP - SCALE: 1" = 2,000'
COMMERCE STREET ('f RAV
(/NST. /2004 02 06 00230 4 9,
(FC34AtERL Y LZElfZANO S1REEV
-N 89'35'57" E —
z
N 3,474.594.1037
E 12,175,006.2284
3' PII1VC /NCRESS/F'GR£SS
- AND UAL/TY EASEWN T
(/NST. 00040210002423
(/NST. /20040408OO55240) (T)P,
200.26'
N 3,474,595.5046
E 12,175,206.4835
3' SUBJACENT A/R SPACE
(/NST. /20021231. io 47765)
(/N51. /200402700024237)
(/NST. 000404080055140,1 (PP)
TOWN CENTER BLOCK 9
(I NST. #200402060023049)
AREA= 44,062 SF
OR 1.012 AC
GPIN:1477-54-1429
NOTE: MERIDIAN SHOWN HEREON 15 BASED ON THE
VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE,
NORTH AMERICAN DATUM 1983/1993 HARN (NAD 83/93,
HARN) AND REFERENCED TO VIRGINIA BEACH GPS
STATIONS '4737-1744" & "4793".
PREWOUS
RICHT-OF-WAY 0E01C4 AIRY
(/NST. 00040206002304 9)
SEE DETAIL 'A'
PRIMUS S 44'35'53" W
RIGHT- Or- IMY 0E0/0AAON
(/N51. /200111303086483) 10.38'
"7`- 5 89'3553" W 190.63' PIN(F)
COLUMBUS STREET (YAR MN RAV
(145 tt0, PC 11) (/NST. 200112303086.483)
REV
AS PER CLIENT
KCR
1-26-2009
) 0(0
SHEET 1 OF 2
PLAT SHOWING
PORTION OF MARKET STREET
TO BE CLOSED
VIRGINIA BEACH, VIRGINIA
1vIS.A. P.G.
ENVIRONMENTAL
• SURVEEYIINGS•E QNEERING
•LANDSCAPE ARCHITECTURE
5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462
757-490-9264 (DEC) 757--490-0634 (FAX)
www .msoon{ine.corn
PROJ. NO.: 061616 DRAWN: KCR
SATE: 12-18-2008 SCALE: 1" 40'
SURVEY OF AREA TO BE CLOSED
TOWN CENTER ASSOCIATES / VBDA
Agenda Item 18
Page 6
CURVE TABLE
CURVE
RADIUS
LENGTH
TANGENT
CHORD
BEARING
DELTA
CI
25.00
10.78
5.48
10.70
S 1742'36' E
24'42'36"
C2
28.00
10.71
5.42
10.65
S 1119'42" E
21'55'04"
C3
25.00
3.42
1.71
3.42
N 29'01'48" W
7'50'21"
LINE TABLE
UNE
BEARING
LENGTH
LI
N 0074'10" W
10.45
L2
S 89'35'53" W
2.02
L3
S 69.35'53" W
0.97
L4
S D024'10" E
3.00
L5
S 89'35'53" W
11.08
L6
N 8915'53" E
12.72
V77/1
0
/8'
G
N 00'2410" W
SUBJACENT AIR SPACE TO BE CLOSED.
AREA = 7 SQUARE FEET
SUBJACENT AIR SPACE TO BE CONVEYED
TO THE CITY OF VIRGINIA BEACH.
AREA = 36 SQUARE FEET
PORTION OF MARKET STREET AND 3'
PUBLIC INGRESS/EGRESS AND UTILITY
EASEMENT TO BE CLOSED. AREA = 8
SQUARE FEET
PREVIOUS
R/CNT--OF WAY L>E'O/CA7NOM
(/NST. ,/2002113030.6.5.083)
N 89'35'53" E
L5
89•35.53" E
3' SUBJACENT A/R SPACE `. 2.28
(NST. /2002123/J08776'5)
(/NST. 12004021000.74237)
(/NST. /100404080055140) (T)7.)
!1\ REV AS PER CLIENT
DETA/L A
SCALE: r = 10'
'
L.T. PURL/C /NCRESS/EGRESS'
ANO 017Z/TY EASEMENT
MST. /2OO2/2J7JO57765)
(/NST. i0200102100(2242.17)
(/NST. /10O4QEag00.557 o (TYp)
KCR 1-26-2009
SHEET 2 OF 2
PLAT SHOWING
PORTION OF MARKET STREET
TO BE CLOSED
VIRGINIA BEACH, VIRGINIA
MSA, p.C.
ENVIRONMENTAL SCIENCES •GEOSCIENCES
PLANNING • SURVEYING •ENGINEERING
•LANDSCAPE ARCHITECTURE
5033 ROUSE DRIVE. VIRGINIA BEACH, VA 23462
757-490-9264 (OFC) 757-490-0634 (FAX)
www.msconline.com
PROJ. NO.: 06161B DRAWN: KCR
DATE: 12-18-2008 SCALE: 1" = 10'
DETAIL: SURVEY OF AREAS
TO BE CLOSED
TOWN CENTER ASSOCIATES / VBDA
Agenda Item 18
Page 7
ELEVATION OF BUILDING PROPOSED (LOOKING AT CORNER
OF COLUMBUS STREET AND CENTRAL PARK AVENUE)
TOWN CENTER ASSOCIATES / VBDA
Agenda Item 18
Page 8
Map E-7
Not to Scale
Town Cen - r Associates LLC
COMMERCE—STREET
1
a-
1
riVIMMEOKI
MR111111111111
Street Closure
1
03/09/04
CHANGE OF ZONING (B-3 to B -3A)
Granted
2
03/11/03
STREET CLOSURE
Granted
09/24/02
CUP (multifamily dwellings)
Granted
3
05/10/05
CHANGE OF ZONING (B-3 to B -3A)
Granted
4
06/28/05
CUP (multifamily dwellings)
Granted
5
02/08/00
Creation of B -3A Pembroke Central Business
Granted
Core District
ZONING HISTORY
TOWN CENTER ASSOCIATES / VBDA
Agenda Item 18
Page 9
0
0.1Ea11.4
4111V
a
ColnV
F.""4
rTl
Flaml
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members. trustees;
partners, etc. below: (Attach list if necessary)
Town Center Associates,L.L.C.
Members: City Center Associates, LLC and Armada Hoffler Properties,
L.L.C.; Managers: Louis S. Haddad, Antheny;P. Nero and Gerald'S Divaris
2. List all businesses that have a parent -subsidiary' or affiliated business ent ty`
relationship with the applicant: (Attach list if necessary)
Armada/Hoffler entities and numerous Town Center -related and other
unrelated business entities are affiliated with the Applicant through
its principals: Daniel A. iioffier, A. Russell Kirk and Anthony P. Nero;
l- Div?ri;s eit: I ± rrutgh ...i_t,r. rl ri'nr-i pal ':• (feral ri .Ci Divari:C.
em
❑ Check here if the applicant is NOTa corporation, partnership firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other'
unincorporated organization, complete the followings
1. List the property owner name followed by the names of all officers. members
trustees, partners, etc. below: (Attach list if necessary)
City of Virginia Beach Development Authority (see list of members
attached as Exhibit "P "
2 List all businesses that have a parent -subsidiary' or affiliated btsiness entity`
relationship With the applicant: (Attach list ifnece.Ssafy)
131 Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& 1 See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes No X
If yes, what is the name of the official or employee and the n_nure of their interest?
TOWN CENTER ASSOCIATES / VBDA
Agenda Item 18
Page 10
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not Itniited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Town Center Associates, L.L.C.; Faggert & Frieden, P.C.; MSA, P.C.;
Divaris Real Estate, Inc . ; Cherry , Bekcrert & 1101 Land; Armada/Hoff 1 er
Construction Co.; Beatty Harvey & Associates, Architects
1 "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act,
Code § 2.2-3101.
2 "Affiliated business entity relationship;' means '"a relationship, other than parent-
substdiary relationship, that exists when (i) one business entity has a controlling ownership
interestin the other business entity. (ii) a controlling owner in one, entity is also a controlling
owner in the other entity. or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person, or substantially the same person
own or manage' the two entities; there are common or commingled funds or assets; the
business entities share the use of the sante offices or employees or otherwise share activities,
resources or personnel en a regular basis; or there is otherwise a close working relationship
between the entities ."See State and Local Government Conflict of Interests Act Va. Code
2.2-3101.
it
Va.
i'
L
CERTIFICATION: t certify that the Information contained herein is true and accurate.
I understand that, upon receipt of notification' (postcard) that the application has been scheduled for
public hearing, I am re sponsrbte for, obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public Rearing according 'to the instructions 1r this package The
undersigned also consents to entry upon the subject property' by employees of the °apartment of
Planning to photograph and view the site for purposes of processing and evaluating this application.
•1'otan Center Associates, L.L.C.
Applicant's Signature
Properly Owner's Sinatkf e !if different than applicant)
By :
Louis S. Haddad
(Print)
City' of 'Virninia Beach Development
Authority
r'.i 1 . 11 ort
By :F�
{Pr'i.nt)
TOWN CENTER ASSOCIATES / VBDA
Agenda Item 18
Page 11
Exhibit "13"
List of .\1enthers of the (:its o1' Virginia Beach I)tveIulm)ent Authority
C. Nlazwell l3arthc Itinlcr;. Jr,
I) t 11:limcl.�,ell
Fresh I I. Carring�t(,ti
I) ii!l D. Ellis
I)(,iial i V.'.lcllig
Page G, l.,ca
Paul V. Michels
lei'rold I.. Miller
it hn \\`. l:i hnrd.vun
Prescott Shci-co(l
Elizabeth A. L\tiiili%
714.1s1Sig 1. NI i1 ii 3141);}.\1 11et c1
DISCLOSURE STATEMENT
TOWN CENTER ASSOCIATES / VBDA
Agenda Item 18
Page 12
-24 -
Item -VI-K.6
ORDINANCES ITEM #62558
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE $1, 000 reimbursement re employee legal fees
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
1 AN ORDINANCE AUTHORIZING THE REIMBURSEMENT OF
2 AN EMPLOYEE'S LEGAL FEES INCURRED IN THE
3 SUCCESSFUL DEFENSE OF A MISDEMEANOR CHARGE
4 ARISING FROM THE DISCHARGE OF OFFICIAL DUTIES
5
6 WHEREAS, a Virginia Beach employee was charged with a misdemeanor for
7 actions arising out of the performance of her official duties;
8
9 WHEREAS, on December 10, 2012, the Virginia Beach General District Court
10 dismissed the charge;
11
12 WHEREAS, in the defense of said charge, the employee incurred legal fees in the
13 amount of $1,000.00 and has requested the City to reimburse her for such fees;
14
15 WHEREAS, Section 15.2-1521 of the Code of Virginia provides that "(i)f any officer
16 or employee of any locality is investigated, arrested or indicted or otherwise prosecuted on
17 any criminal charge arising out of any act committed in the discharge of his official duties,
18 and no charges are brought, the charge is subsequently dismissed, or upon trial he is
19 found not guilty, the governing body of the locality may reimburse the officer or employee
20 for reasonable legal fees and expenses incurred by him in defense of such investigation or
21 charge, the reimbursement to be paid from the treasury of the locality"; and
22
23 WHEREAS, the Department Director and the City Attorney's Office have reviewed
24 the circumstances of this case, assessed the bill submitted by the employee's legal
25 counsel, and determined that the legal fees and expenses are reasonable.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
30 That the General Registrar of the Voter Registrar's Office is hereby authorized to
31 expend funds in the amount of $1,000.00 from the FY 2012-13 Operating Budget of the
32 Voter Registrar's Office for the purpose of reimbursing the employee for legal fees incurred
33 by her in defense of said misdemeanor charge brought against her arising out of the
34 performance of her official duties.
35
36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th
37 day of February , 2013.
APPROVED AS TO CONTENT:
oter Regi 'trar's Office
CA12490
R-2
January 18, 2013
APPROVED AS TO LEGAL
SUFFICIENCY:
-25 -
Item -VI-K 7a/b/c
ORDINANCES ITEM #62559
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT and APPROPRIATE donated funds:
a. $130,000 from The Virginia Beach Library Foundation and $50,000 from the Friends of
the Virginia Beach Public Library to the Operating Budget of the Department of Public
Libraries
b. $100,000 from Dominion Virginia Power to the City's Beautification Fund re landscape
management
c. $ 3,337.60 from the Parks and Recreation Foundation re improvement of the Bellamy
Woods Park
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
1 AN ORDINANCE TO ACCEPT AND
2 APPROPRIATE DONATED FUNDS FROM THE
3 VIRGINIA BEACH LIBRARY FOUNDATION AND
4 THE FRIENDS OF THE VIRGINIA BEACH
5 PUBLIC LIBRARY
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That $180,000 in donations are hereby accepted and appropriated, with
11 estimated miscellaneous revenues increased accordingly, to the FY 2012-13 Operating
12 Budget of the Department of Public Libraries, in the amounts set forth below:
13
14 1. $130,000 from the Virginia Beach Library Foundation; and
15 2. $50,000 from the Friends of the Virginia Beach Public Library.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
of February , 2013.
Requires an affirmative vote by a majority of all of the members of City Council
APPROVED AS TO CONTENT:
MAnage - nt • ervices
CA12510
R-1
January 28, 2013
APPROVED AS TO LEGAL SUFFICIENCY:
1 AN ORDINANCE TO ACCEPT AND
2 APPROPRIATE DONATED FUNDS FROM
3 DOMINION VIRGINIA POWER
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7 That a donation of $100,000 from Virginia Dominion Power is hereby accepted
8 and appropriated, with donation revenue increased accordingly, to the City's
9 Beautification Fund for the purpose of completing seven tree planting projects.
12th
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of February 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Manage ent ervices
CA12512
R-1
January 30, 2013
1 AN ORDINANCE TO ACCEPT AND
2 APPROPRIATE DONATED FUNDS FROM
3 THE BELLAMY WOODS CIVIC LEAGUE TO
4 IMPROVE BELLAMY WOODS PARK
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That a donation from the Bellamy Woods Civic League in the amount of
10 $3,337.60 is hereby accepted and appropriated, with local revenue increased
11 accordingly, to CIP 4-500 Park/Playground Renovations Phase III to improve Bellamy
12 Woods Neighborhood Park.
Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of
February 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
1/'L
rh//l
Managem nt ervices
CA12509
R-1
January 28, 2013
-26 -
Item -VI-K 8a/b/c/d
ORDINANCES ITEM #62560
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER Grant Funds:
a. $ 40, 000 for creation of the Cercle Des Vacances French Co-op Partnership re Virginia
Tourism Corporation Marketing Leverage program
b. $ 36,250 from the Department of Criminal Justice Services (DCJS) through the Byrne
Justice Assistant Grant Program re implementation of an aggression replacement
training program
c. $ 13, 000 from the Virginia Department of Emergency Management (VDEM) re upgrades
to the City's Emergency Operations Center
d. $72, 010 to the General Registrar FY 2013 Budget re replacement of pollbooks
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS AND TO TRANSFER FUNDS FOR THE
3 VIRGINIA TOURISM CORPORATION MARKETING
4 LEVERAGE PROGRAM
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 1) $24,000 is hereby accepted from the Virginia Tourism Corporation and
10 appropriated, with estimated state revenues increased accordingly, to the FY 2012-13
11 Operating Budget of the Department of Convention and Visitors Bureau for costs to
12 create Capital Region USA brand awareness and increase visitation from France to the
13 Capital Region that includes Washington, D.C., Williamsburg, Jamestown and Virginia
14 Beach;
15
16 2) $8,500 is hereby accepted and appropriated from the following
17 organizations, with estimated revenues increased accordingly, to provide a portion of
18 the local grant match: Destination DC, $7,500; Busch Gardens Williamsburg, $500;
19 Jamestown, $250; and Rudee Tours, $250; and
20
21 3) $7,500 of existing funds are hereby transferred within the Tourism
22 Advertising Program Special Revenue Funds for a portion of the local grant match and
23 CVB will seek confirmation of the $32,000 spent by Cercle Des Vacances, which is also
24 required for the grant match.
Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day
Of February 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
NCanage e t Services
CA12496
R-1
January 7, 2013
4
r 's Office
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS AND TO TRANSFER FUNDS FOR AGGRESSION
3 REPLACEMENT TRAINING
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 1. That $36,250 is hereby accepted from the Department of Criminal Justice
9 Services through the Byrne Justice Assistance Grant Program and
10 appropriated, with federal revenue increased accordingly, to the FY 2012-13
11 Operating Budget of Juvenile Probation for the purposes of implementing an
12 Aggression Replacement Training Program; and
13
14 2. That $4,028 is available in the FY 2012-13 Operating Budget of Juvenile
15 Probation and is hereby transferred with this budget to provide the required
16 local match.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
Of February 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Manage e Services City Attaey'd Office
CA12502
R-1
January 17, 2013
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FROM THE VIRGINIA DEPARTMENT OF
3 EMERGENCY MANAGEMENT AND TO TRANSFER
4 FUNDS FOR THE EMERGENCY OPERATIONS
5 CENTER
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 1. That $13,000 in grant funding from the Federal Emergency Management
11 Administration is hereby accepted and appropriated, with estimated federal
12 revenues increased accordingly, to the FY 2012-13 Operating Budget of the
13 Fire Department to provide upgrades to the City's Emergency Operations
14 Center;
15
16 2. That $9,175 of in the Grants Consolidated Fund (Project Impact Grant) is
17 hereby transferred to the FY 2012-13 Operating Budget of the Fire
18 Department to provide a portion of the required match; and
19
20 3. That $3,825 in in-kind support for an emergency management exercise will be
21 provided for a portion of the required match.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
of February 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Manage ent Services City Attor € Of ice
CA12511
R-1
January 30, 2013
1 AN ORDINANCE TO APPROPRIATE STATE REVENUE
2 AND TO TRANSFER FUNDS FROM THE GENERAL FUND
3 RESERVE FOR CONTINGENCIES FOR THE
4 REPLACEMENT OF POLLBOOKS
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 1. That $36,100 in State Revenue is hereby appropriated, with estimated state
10 revenues increased accordingly, to the FY 2012-13 Operating Budget of the
11 General Registrar to partially fund the purchase of 190 pollbooks; and
12
13 2. That $35,910 is hereby transferred from the General Fund Reserve for
14 Contingencies to the FY 2012-13 Operating Budget of the General Registrar
15 to partially fund the purchase of 190 pollbooks.
Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day
of February , 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Manage - nt ervices City Attorneys Office
CA12513
R-1
January 30, 2013
Item -VI-L
PLANNING
-27-
ITEM #62561
1. OCEAN CONDOMINIUM DEVELOPERS, LLC VARIANCE
2. MICHAEL T. ABENANTE VARIANCE
3. C&C DEVELOPMENT CO., INC RECONSTRUCT
CHANCEY W. WALKER, HI NON -CONFORMING USE
4. SURF BEACH CLUB, INC. RECONSTRUCT NON-
CONFORMING USE
5. BURNETTE DEVELOPMENT, LLC
and PARETTA D. MUDD
6. PRINCESS ANNE MASONIC LODGE #25
and EMMA SMITHSON FOUNTAIN
7. TRUSTEES OF FIRST PRESBYTERIAN
CHURCH OF VIRGINIA BEACH
8. BAKER ROAD SENIORS, LLC
9. MPB, INC.
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CHANGE OF ZONING
CONDITIONAL CHANGE
OF ZONING
February 12, 2013
-28 -
Item -VI-L
PLANNING ITEM #62562
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION, BY CONSENT, Items 1, 2, 3, 4(Revised Version), 5, 6, 7 AND 8 of the PLANNING
AGENDA.
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
-29 -
Item -VI -L.1
PLANNING ITEM #62563
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of OCEAN CONDOMINIUM
DEVELOPERS, LLC for a Variance to §4.4(b) of the Subdivision Ordinance to SUBDIVIDE a lot into
two (2) at 4805 Lee Avenue DISTRICT 4 - BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of OCEAN CONDOMINIUM
DEVELOPERS, LLC for a Variance to §4.4(b) of the Subdivision
Ordinance to SUBDIVIDE a lot into two (2) at 4805 Lee Avenue (GPIN
1570510374) DISTRICT 4 - BAYSIDE
The following conditions shall be required:
1. The site shall be subdivided in accordance with the submitted Subdivision Plan entitled
"Subdivision of Lot B, Division of Lot #5, Chesapeake Park," dated October 30, 2012,
prepared by WPL Landscape Architecture, Land Surveying, and Civil Engineering. Said
Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning
Department.
2. Proposed Lots B-1 and B-2 are approved for single-family dwelling development only.
This restriction shall be noted on the subdivision plat.
3. The architectural design of the dwellings shall be "coastal cottage" style as depicted in
the rendering submitted with the applicant. Building materials shall include
Hardieplank® (or comparable) lap siding, architectural -grade shingles for the roof and
composite decking and porch rails. All windows and building trim shall be vinyl clad.
The foundation of the structures shall be brick clad.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of February Two
Thousand Thirteen
February 12, 2013
-30 -
Item -VI -L.1
PLANNING ITEM #62563(Continued)
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
-31 -
Item -VI -L.2
PLANNING ITEM #62564
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT Application of MICHAEL T. ABENANTE for a
Variance to §4.4(b) of the Subdivision Ordinance to CREATE an additional lot at 716 Woodstock Road
DISTRICT 1 - CENTERVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of MICHAEL T. ABENANTE for a
Variance to §4.4(b) of the Subdivision Ordinance to CREATE an
additional lot at 716 Woodstock Road (GPIN 1456659948) DISTRICT 1
- CENTER VILLE
The following conditions shall be required:
1. The existing lot shall be subdivided in accordance with the submitted Subdivision Plan
entitled "Preliminary Resubdivision of Site 15, Portion of Lot 13, Survey Made for Jesse
J.
Parkerson," dated March 16, 2012, prepared by NDI Engineering Company- Basgier
and Associates Division. Said Plan has been exhibited to the Virginia Beach Planning
Commission and City Council and is on file in the Planning Department.
2. A private utility easement shall be required across Lot 13-A or within the existing
ingress/egress easement for the purpose of providing water and sewer service to Lot 13-
B.
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 Twelfth day of February Two
Thousand Thirteen
February 12, 2013
-32 -
Item -VI -L.2
PLANNING 62564 (Continued)
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
-33 -
Item -VI -L.3
PLANNING ITEM # 62565
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT Application of C &C DEVELOPMENT CO., INC.,
Christopher J. Eitel and Chancey W. Walker, III to reconstruct a Non -Conforming Use and
DEMOLISH and CONTRUCT single family residences at 207 51st Street DISTRICT 5 - LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of C &C DEVELOPMENT CO., INC.,
Christopher J. Ettel and Chancey W. Walker, III to reconstruct a Non -
Conforming Use and DEMOLISH and CONTRUCT single family
residences at 207 515` Street (GPIN 24188920290000) DISTRICT 5 -
LYNNHAVEN
The following conditions shall be required:
1. The site shall be redeveloped substantially in accordance with the submitted "Exhibit Site
A re -subdivision of Lots 14-19, & /2 of 2, Block 14 Ubermeer", dated October 9, 2012,
and prepared by Gallup Surveyors & Engineers, Ltd., except that the proposed concrete
patios, walkways and driveways shall consist of pavers, permeable pavers or permeable
pavement. Said Plan has been exhibited to the Virginia Beach City Council and is on file
in the Planning Department.
2. The proposed dwellings shall be constructed substantially in accordance with the three
submitted elevations. Said elevations have been exhibited to the Virginia Beach City
Council and are on file in the Planning Department. Building materials shall include
HardiePlank® (or comparable) lap siding, standing seam metal roofs for the porches,
architectural -grade shingles for main roof and composite decking and porch rails.
3. The maximum width of the driveways will be twelve (12) feet, measured at the property
line.
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 Twelfth day of February, Two
Thousand Thirteen
February 12, 2013
-34 -
Item -VI -L.3
PLANNING ITEM # 62565(Continued)
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
1 A RESOLUTION AUTHORIZING THE
2 RECONSTRUCTION OF A NONCONFORMING
3 USE ON PROPERTY LOCATED AT 207 51st
4 STREET
5
6 WHEREAS, C & C Development (hereinafter the "Applicant") has made
7 application to the City Council for authorization to reconstruct a nonconforming use
8 located at 207 51st Street in the R -5R Resort Residential District by demolishing and
9 reconstructing two (2) existing single-family dwellings on the same parcel; and
10
11 WHEREAS, there are two (2) single-family dwelling units located on the same
12 parcel, which is not allowed in the R -5R Resort Residential District, however, the two (2)
13 dwellings were built prior to the adoption of the applicable zoning regulations and are
14 therefore nonconforming; and
15
16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
17 reconstruction of a nonconforming use is unlawful in the absence of a resolution of the
18 City Council authorizing such action upon a finding that the proposed use, as
19 reconstructed, will be equally appropriate or more appropriate to the zoning district than
20 is the existing use;
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That the City Council hereby finds that the proposed use, as reconstructed, will
26 be equally appropriate to the district as is the existing nonconforming use under the
27 conditions of approval set forth hereinbelow.
28
29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
30 BEACH, VIRGINIA:
31
32 That the reconstruction of the nonconforming use is hereby authorized, upon the
33 following conditions:
34
35 1. The site shall be redeveloped substantially in accordance with the
36 submitted "Exhibit Site A re -subdivision of Lots 14-19, & 1/2 of 2, Block 14
37 Ubermeer", dated October 9, 2012, and prepared by Gallup Surveyors &
38 Engineers, Ltd., except that the proposed concrete patios, walkways, and
39 driveways shall consist of pavers, permeable pavers, or permeable
40 pavement. Said plan has been exhibited to the Virginia Beach City Council
41 and is on file in the Planning Department.
42
43 2. The proposed dwellings shall be constructed substantially in accordance
44 with the three submitted elevations. Said elevations have been exhibited
45 to the Virginia Beach City Council and are on file in the Planning
46 Department. Building materials shall include HardiePlank® (or
47 comparable) lap siding, standing seam metal roofs for the porches,
48 architectural -grade shingles for main roof, and composite decking and
49 porch rails.
50
51 3. The maximum width of the driveways will be 12 feet, measured at the
52 property line.
53
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
of February , 2013.
APPROVED AS TO CONTENT:
CA12505
R-1
January 23, 2013
APPROVED AS TO LEGAL SUFFICIENCY:
2
-35 -
Item -VI -L.4
PLANNING ITEM #62566
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council
APPROVED/REVISED CONDITIONS 4 and 5, BY CONSENT, Application of SURF BEACH CLUB,
INC. to reconstruct a Non -Conforming Use and REPLACE nine (9) cabana structures at 5704 Ocean
Front Avenue DISTRICT 5 - LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of SURF BEACH CLUB, INC. to
reconstruct a Non -Conforming Use and REPLACE nine (9) cabana
structures at 5704 Ocean Front Avenue (GPIN 24198142400000))
DISTRICT 5 - LYNNHAVEN
The following conditions shall be required:
1. The cabanas and restroom structure, when constructed, shall be in substantial
conformance with the site survey entitled, "Physical Survey of Lots 3-4 and Part of 5,
Block 7, Obermeer, Virginia Beach, Virginia, for Surf Beach Club, " dated April 9, 2008,
prepared by Dennis J. Gerwitz, P.C., and the structures themselves shall be constructed
in substantial conformance with the building elevations entitled, "Cabana Rehab for Surf
Beach Club, VA Beach, " prepared by Edward R. Roehm, AIA, " dated February 4, 2011,
as well as the undated drawings submitted to the Planning Department on 2/11/2013,
which have been exhibited to the Virginia Beach City Council and are on file with the
Planning Department.
2. All outdoor lighting shall be shielded to direct light and glare onto the premises; said
lighting and glare shall be deflected, shaded and focused away from adjoining
properties. In order to meet this condition, the existing light pole within the parking lot
must be retrofitted with a new light fixture.
3. The existing chain link fence along Ocean Front Avenue shall either be removed or
replaced with a black vinyl -clad fence, at the same height as the existing fence. The new
fence may be installed with the same location and alignment as the existing fence, as
depicted on the physical survey identified in Condition 1, above.
4. Evergreen shrubs shall be installed in planters, minimum size twenty-five (25) gallons
with a minimum depth of twenty-four (24) inches, immediately East of the fence along
Ocean Front Avenue and other than the opening for the gate, shall be placed along the
full length of the western property line. In the event that the parking lot is voluntarily
redeveloped, the fence shall be relocated and replaced with a black vinyl -clad fence (as
per Condition 3) five (5) feet to the East of the existing fence and evergreen shrubs
shall be installed in this five (5) foot area, four (4) feet on center. The applicant is
responsible for providing, protecting and maintaining all plant material in a healthy
condition and for replacing any unhealthy or dead material.
5. Construction related to the work described by these conditions or the Plans referenced
by these conditions shall occur only on Monday through Saturday, 8:00 A.M. to 6:00
P.M.
February 12, 2013
-36 -
Item -VI -L.4
PLANNING ITEM # 62566(Continued)
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of February, Two
Thousand Thirteen
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
1 ALTERNATE VERSION
2
3 REQUESTED BY COUNCILMEMBER JAMES L. WOOD
4
5
6
7 A RESOLUTION AUTHORIZING THE RECONSTRUCTION
8 OF A NONCONFORMING USE ON PROPERTY LOCATED
9 AT 5704 OCEAN FRONT AVENUE
10
11
12 WHEREAS, Surf Beach Club, Inc. (hereinafter the "Applicant") has made
13 application to the City Council for authorization to reconstruct a nonconforming use
14 located at 5704 Ocean Front Avenue in the H-1 Hotel District by reconstructing eight (8)
15 cabanas and a restroom facility; and
16
17 WHEREAS, there are eight (8) cabanas and a restroom facility located on this
18 parcel, which are not allowed in the H-1 Hotel District, however, the cabanas and
19 restroom facility were built prior to the adoption of the applicable zoning regulations and
20 are therefore nonconforming; and
21
22 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
23 reconstruction of a nonconforming use is unlawful in the absence of a resolution of the
24 City Council authorizing such action upon a finding that the proposed use, as
25 reconstructed, will be equally appropriate or more appropriate to the zoning district than
26 is the existing use;
27
28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
29 VIRGINIA BEACH, VIRGINIA:
30
31 That the City Council hereby finds that the proposed use, as reconstructed, will
32 be equally appropriate to the district as is the existing nonconforming use under the
33 conditions of approval set forth hereinbelow.
34
35 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
36 BEACH, VIRGINIA:
37
38 That the reconstruction of the nonconforming use is hereby authorized, upon the
39 following conditions:
40
41 1 The cabanas and restroom structure, when constructed, shall be in
42 substantial conformance with the site survey entitled, "Physical Survey of
43 Lots 3-4 and Part of 5, Block 7, Obermeer, Virginia Beach, Virginia for Surf
44 Beach Club," dated April 9, 2008, prepared by Dennis J. Gerwitz, P.C.,
45 and the structures themselves shall be constructed in substantial
46 conformance with the building elevations entitled, "Cabana Rehab for Surf
47 Beach Club, VA Beach," prepared by Edward R. Roehm, AIA, dated
48 February 4, 2011, which have been exhibited to the Virginia Beach City
49 Council and are on file with the Planning Department.
50
51 2. All outdoor lighting shall be shielded to direct light and glare onto the
52 premises; said lighting and glare shall be deflected, shaded, and focused
53 away from adjoining properties. In order to meet this condition the existing
54 light pole within the parking lot must be retrofitted with a new light fixture.
55
56 3. The existing chain link fence along Ocean Front Avenue shall either be
57 removed or replaced with a black vinyl -clad fence, at the same height as
58 the existing fence. The new fence may be installed with the same location
59 and alignment as the existing fence, as depicted on the physical survey
60 identified in Condition 1, above.
61
62 4. Evergreen shrubs shall be installed in planters, minimum size 25 gallons
63 with a minimum depth of 24 inches, immediately east of the fence along
64 Ocean Front Avenue and, other than the opening for the gate, shall be
65 placed along the full length of the western property line. In the event that
66 the parking lot is voluntarily redeveloped, the fence shall be relocated and
67 replaced with a black vinyl -clad fence (as per Condition 3) five feet to the
68 east of the existing fence and evergreen shrubs shall be installed in this
69 five foot area, four feet on center. The applicant is responsible for
70 providing, protecting and maintaining all plant material in a healthy
71 condition and for replacing any unhealthy or dead material.
72
73 5. Construction related to the work described by these conditions or the
74 plans referenced by these conditions shall occur only on Monday through
75 Saturday, 8:00 a.m. to 6:00 p.m.
76
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
of February , 2013.
2
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA12504
R-3
February 12, 2013
3
LYNNHAVEN
Map L-4
Ma Not to Scale
Surf Beach Club, Inc.
' Zoning with Condirions%Proffers, Open
Space Promotion or PDH -2 Overlays
Expansion to Non -Conforming Use
-37-
Item—VI-L.5
PLANNING ITEM #62567
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council APPROVED,BY
CONSENT, Application of BURNETTE DEVELOPMENT, LLC and PARETTA D. MUDD for a
Conditional Use Permit re a self -storage at 5737 Northampton Boulevard DISTRICT 2 - KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of BURNETTE DEVELOPMENT, LLC
and PARETTA D. MUDD for a Conditional Use Permit re a self -
storage at 5737 Northampton Boulevard (GPIN 1468099601) DISTRICT
2 - KEMPSVILLE
The following conditions shall be required:
1. The site shall be developed substantially in accordance with the submitted Plan entitled
"Conditional Use Permit for Northampton Blvd. Self Storage", dated 10/19/12, prepared
by Kellam Gerwitz Engineering, Surveying, and Planning. Said Plan has been exhibited
to the Virginia Beach City Council and is on file in the Planning Department.
2. The proposed building shall be constructed in substantial accordance with the submitted
renderings entitled "Ocean Storage, A Proposed Commercial Storage Facility for
Northampton Storage L.L.C. "View from North" and "View from Northwest", dated 12-
14-12, prepared by GMF + Associates. Said renderings have been exhibited to the
Virginia Beach City Council and are on file in the Planning Department.
3. The storage units shall be used only for storage. The units shall not be used for office
purposes, band rehearsals, residential dwellings or any other purpose not consistent with
storage.
4. Signage for the site and building shall be reviewed and approved by the Zoning Office
within the Current Planning Division of the Department of Planning. The decorative
banners on the front of the building may be allowed, provided there is no signage on the
banners.
5. A Photometric Plan shall be submitted for review during detailed Site Plan review. The
Plan shall include the location of all poles and building mounted lighting fixtures and the
listing of lamp type, wattage and type of fixture. All lighting on the site shall be consistent
with those standards recommended by the Illumination Engineering Society of North
America. The Plan shall include provisions for implementing low-level security lighting
for non -business hours.
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 Twelfth day of February, Two
Thousand Thirteen
February 12, 2013
-38 -
Item —VI -L.5
PLANNING ITEM #62567(Continued)
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
-39-
Item—VI-L.6
PLANNING ITEM #62568
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT, Application of PRINCESS ANNE MASONIC LODGE #25 and EMMA SMITHSON
FOUNTAIN for a Conditional Use Permit to MOVE the Masonic Lodge from Princess Anne Road to
3067 West Neck Road (the Thomas Woodhouse historical property) DISTRICT 7 - PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of PRINCESS ANNE MASONIC LODGE
#25 and EMMA SMITHSON FOUNTAIN for a Conditional Use
Permit to MOVE the Masonic Lodge from Princess Anne Road to
3067 West Neck Road (the Thomas Woodhouse historical property)
(GPIN 2403042343) DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. The site shall substantially adhere to the submitted Site Plan entitled "Conditional Use
Permit of Masonic Lodge #25 for Masonic Lodge #25," dated March 29, 2011, prepared
by Kellam Gerwitz, Inc.. Said Site Plan has been exhibited to the City Council and is on
file in the Planning Department.
2. The building additions to the existing structure shall substantially adhere to the submitted
Floor Plan, entitled "Existing Floor Plan w/ Proposed Addition, Princess Anne Lodge
No. 25, " dated April 1, 1996. Said Plan has been exhibited to the City Council and is on
file in the Planning Department.
3. Per the restrictions of the Deed of Easement, recorded at the Virginia Beach Circuit
Court on September 21, 201kInstrument Number 20110921000978710), the aggregate
maximum floor area of the existing dge and any future addition to the odge (referenced
as the "Primary Lodge Building" in said Deed of Easement) shall not ceed a maximum
of 8,000 square feet.
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 Twelfth day of February, Two
Thousand Thirteen
February 12, 2013
-40-
Item—VI-L.6
PLANNING ITEM #62568(Continued)
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
-41-
Item—VI-L.7
PLANNING ITEM #62569
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT, Application of TRUSTEES OF FIRST PRESBYTERIAN CHURCH OF VIRGINIA
BEACH for a Conditional Use Permit re a columbarium at 300 36`x` Street DISTRICT 6 - BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of TRUSTEES OF FIRST
PRESBYTERIAN CHURCH OF VIRGINIA BEACH for a Conditional
Use Permit re a columbarium at 300 36`x' Street (GPIN 2418938644)
DISTRICT 6 - BEACH
The following conditions shall be required:
1. The location of the Columbarium shall be limited to that shown on the submitted Plan,
which has been exhibited to the City Council and is on file in the Planning Department.
2. The Columbarium walls shall complement the exterior building materials of the existing
church in color and material. The walls shall be substantially in conformance with the
drawing entitled "First Presbyterian Church Columbarium, Columbarium Wall
Perspective, " which has been exhibited to the City Council and is on file in the Planning
Department.
3. Grading and drainage plans for the Columbarium shall be submitted to and approved by
the Development Service Center prior to development.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of February, Two
Thousand Thirteen
February 12, 2013
-42-
Item—VI-L.7
PLANNING ITEM #62569(Continued)
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
-43-
Item—VI-L.8
PLANNING ITEM #62570
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council APPROVED, AS
PROFFERED, BY CONSENT, Application of BAKER ROAD SENIORS, LLC for a Change of Zoning
from Conditional A- 36 Apartment to Conditional A-24 Apartment at 544 Baker Road DISTRICT 2 -
KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of BAKER ROAD SENIORS, LLC for a
Change of Zoning from Conditional A- 36 Apartment to Conditional A-
24 Apartment at 544 Baker Road (GPIN 1468308528) DISTRICT 2 -
KEMPSVILLE
The following conditions shall be required:
An agreement, encompassing Proffers, shall be recorded with the Clerk of Circuit Court
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
In Reply Refer To Our File No. DF -8579
TO: Mark D. Stiles
FROM: B. Kay Wilson
RE:
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: January 30, 2013
DEPT: City Attorney
DEPT: City Attorney
Conditional Zoning Application; Baker Road Seniors, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on February 12, 2013. I have reviewed the subject proffer agreement, dated
January 11, 2013 and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Kathleen Hassen
Document Prepared By:
Troutman Sanders LLP
222 Central Park Avenue, Suite 2000
Virginia Beach, VA 23462
AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of this 11th day of January, 2013, by
and between BAKER ROAD SENIORS, LLC, a Virginia limited liability company
("Grantor"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia (hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, the Grantor is the current owner of that certain property located in the City
of Virginia Beach, Virginia, identified by GPIN 1468-30-8528-0000, as more particularly
described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and
WHEREAS, the Property was previously re -zoned by the Virginia Beach City Council in
2007 from I-1 to Conditional A-36, subject to proffered development conditions recorded in the
Virginia Beach Circuit Court Clerk's Office as instrument number 20070907001227350 (the
"Prior Proffers"); and
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
of the Property from Conditional A-36 to Conditional A-24; and
WHEREAS, this Agreement is intended to supersede and replace the Prior Proffers in its
entirety; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed-use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses
conflict, and that in order to permit differing uses on and in the area of the subject Property and at
the same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned Conditional A-24 are needed
to cope with the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
GPIN NO. 1468-30-8528
20176057v3
Zoning Map, in addition to the regulations provided for in the existing A-24 zoning districts by
the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the
physical development, operation and use of the Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written 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 subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantor, for itself, its successors, 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 of 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 these
proffers (collectively, the "Proffers") shall constitute covenants running with the said Property,
which shall be binding upon the Property and upon all parties and persons claiming under or
through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in
interest or title, namely:
1. When developed, the Grantor shall develop the Property in substantial conformity
with the conceptual site plan prepared by Cox, Kliewer & Company, P.C., entitled "Baker Road
Apartments — Preliminary Site Plan," dated October 25, 2012 (the "Concept Plan"), a copy of
which is on file with the Department of Planning and has been exhibited to the City Council.
2. When developed, the Grantor shall develop the structures on the Property in
substantial conformity with the building elevation prepared by Cox, Kliewer & Company, P.C.,
entitled "Baker Road Apartments — Elevation," which is dated October 25, 2012 (the "Building
Elevation"), a copy of which is on file with the Department of Planning and has been exhibited to
the City Council.
20176057v3
2
3. The western vehicular access way to Baker Road as shown on the Site Plan shall
be eliminated, unless requested by the Fire Department as a secondary access to Baker Road
during site plan review.
4. The fence along Paca Lane depicted on the Site Plan shall be a six foot (6`) tall
ornamental, metal fence installed five feet (5) from the Paca Lane right-of-way with Category 1
landscaping between the fence and the right-of-way. This fence may also be extended along the
Grantor's northern property line within the area where Category 4 landscaping is depicted on the
Site Plan.
5. The number of multifamily residential units developed on the Property shall not
exceed ninety-six (96).
6. Freestanding signage for the apartment complex located on the Property, when
developed, shall be monument style, no larger than eight feet (8') in height, and shall have a
brick base complementary in color to the brick used for the apartment buildings.
7. Further conditions lawfully imposed by applicable development ordinances may
be required by the Grantee during detailed site plan and/or subdivision review and administration
of applicable City Codes by all cognizant City agencies and departments to meet all applicable
City Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia
Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of
the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Department
of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee.
20176057v3
3
[Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.]
20176057v3
4
IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the
date first written above.
GRANTOR:
BAKER ROAD SENIORS, LLC,
a Virginia limited liability company
By:
Name:
Title:
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this 'PITH day of January 2013, by
STE vE N' E. L A'4 5 01/ , who is personally known to me or has produced
as identification, in his capacity as82
fE51DENT ogMpNAGUJG MEMOERof Baker
Road Seniors, LLC, a Virginia limited liability company, on behalf of the company.
My Commission Expires:
Registration Number:
7(3eLl4Vzzi igertLee
Notary Public
pinta 3/,020/.33556
[NOTARIAL SEAL/STAMP]
20176057v3
5
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
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, State of Virginia, and known, numbered
and designated Parcel B on that certain plat entitled "Subdivision of part of Lot 34, Plat Showing
a survey and division of Newsome Farm, Bayside Borough, Norfolk (SIC), Virginia", made by
Wilfred P. Large, Certified Land Surveyor, Norfolk, VA, March 23, 1976, and duly recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 116,
at page 1.
LESS AND EXCEPT the following:
1) That portion of the property conveyed to the City of Virginia Beach by Deed and Deed of
Easement recorded in Deed Book 2793, page 2025.
2) That portion of the property acquired by the City of Virginia Beach for widening of Paca Lane
Road, as shown in Deed Book 2707, pages 1367 and 1368 and amended in Deed Book 2718,
pages 360 and 361.
20176057v3
6
Item—VI-L.9
PLANNING
-44-
ITEM #62571
The following individuals registered to speak:
Stephen R. Davis, Wilcox & Savage, P.C., representing the Applicant, stated his clients are bringing a
Health Care facility to the southern part of the City.
Karen Beardslee, 2089 Kittridge Drive, Phone: 672-2996, a resident of Ashville Park, stated his project
has been a subject of concern. She expressed gratitude for the effort made by everyone in making this
more amenable to the community. The proposed Plan is more in line with the community than the Plan
that was originally proposed. The community does not want this project to set a precedent. These initial
projects will set the tone for future projects. It is important to maintain the character of the
Transition/ITA Area. The Community would like to have an Advisory Committee established as they feel
they have a vested interest.
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council APPROVED, AS
PROFFERED, Application of MPB, INC. for a Conditional Change of Zoning from AG -1 and AG -2
Agricultural to Conditional 0-2 Office re an office structure at Princess Anne Road and Elson Green
Avenue (deferred November 13, December 4, 11, 2012 and January 22, 2013) DISTRICT 7 - PRINCESS
ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of MPB, INC. for a Conditional Change of
Zoning from AG -1 and AG -2 Agricultural to Conditional 0-2 Office re
an office structure at Princess Anne Road and Elson Green Avenue
(deferred November 13, December 4, 11, 2012 and January 22, 2013)
(GPIN 2414137942) DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
An agreement, encompassing Proffers, shall be recorded with the Clerk of Circuit Court
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
-45 -
ITEM VI -M
APPOINTMENTS ITEM #62572
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BOARD OF BUILDING CODE APPEALS
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA)
February 12, 2013
-46 -
ITEM VI -M
APPOINTMENTS ITEM #62573
Upon NOMINATION by Council Lady Henley, City Council APPOINTED:
PHILLIP BLACK
Unexpired term thru 12/31/13
plus three year term thru 12/31/16
COMMUNITY SERVICES BOARD (CSB)
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
-47 -
ITEM VI -M
APPOINTMENTS ITEM #62574
Upon NOMINATION by Council Lady Henley, City Council APPOINTED:
TANYA ARNEY
ROBERT SCOTT
Indefinite Terms
PROCESS IMPROVEMENT STEERING COMMITTEE
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay.
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
-48 -
ITEM VI -M
APPOINTMENTS ITEM #62575
Upon NOMINATION by Council Lady Henley, City Council APPOINTED:
JOHN UHRIN, ALTERNATE
Two-year term
2/13/13 — 6/30/14
TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 12, 2013
-49 -
Item -VI-P
ADJOURNMENT ITEM #62576
Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 6:46P.M.
anda FinlejV-Barnes, CMC
Chief Deputy City Clerk
Ru Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
Louis R. Jones
Vice Mayor
February 12, 2013
-50 -
PUBLIC DIALOGUE
Colonel Jimmy Chandler, Commonwealth Challenge Youth Academy — Program Director distributed
information regarding the program to City Council. Colonel Chandler advised the Program is to
intervene in the life of at -risk 16-18 year olds by providing the values, skills, education and self-discipline
needed to produce responsible, productive citizens, and to do so in a highly disciplined atmosphere.
Colonel Chandler is not asking for money but simply support of the Program.
Christine Ross, 718 Grant Avenue, Phone: 905-0265, stated she is in support of backyard hens as they eat
diseased infested ticks that spread Lyme Disease. Ms. Ross also requested the City close the
Abortion Clinics within the City by rezoning the properties, buying the buildings where they operate
and/or declaring the clinics as "dangerous nuisances ".
Estelle Teskey, 4737 Post Oak Drive, Phone: 463-1588, stated she is a Sophomore at Princess Anne High
School and is in support of backyard hens. The City of Chesapeake recently legalized hen. As Virginia's
largest City, he is asking Virginia Beach do the same. The proposal is no more than six (6) hens per yard
and no roosters. Hens make less noise than dogs and will keep property cleaner.
Steven Qashat, 1337 Riverside Drive, Phone: 353-7508, requested assistance from City Council
regarding problems he is having in his neighborhood. This matter was referred to the City Manager.
The Public Dialogue re Non -Agenda Items concluded at 7:03 P.M.
February 12, 2013
-49 -
Item -VI-P
ADJOURNMENT ITEM #62576
Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 6: 46P.M.
(Atikpoit- -.44Y-6(1
Amanda Finley- arnes, CMC
Chief Deputy City Clerk
Ruth Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
N
Louis R. Jones
Vice Mayor
February 12, 2013