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Home My WebLink AboutJUNE 9, 2009 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SHSSOMS ,JR.. At-Large VICE MAYOR LOUIS R. JONES, Bays,de - Distrlct -I GLENN R. DAVIS, Rose Hall- Dtstrlct 3 WILLIAM R. DeSTEPH, At-Large HARRY E. DfEZEL, Kempsville - Dislrlct 2 ROBERT M DYER" Centerville - District I BARBARA M HENLEY, Princess Anne . District 7 JOHN E. UHRIN, Beach District 6 RON A VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -D,strid 5 CITY COUNCIL APPOINTEES ('fTY MANAGf:R JAMliS K. SPORli ('fTY A 77'ORNIiY MARK fJ. STlLliS ('I7Y ASSIiSSOR JFRALlJ BANAGAN CI7Y AUDITOR f,YNDON S RFMIAS ('I7'f CLliRK RUtH HODG/;'S FRASFR, MMC CITY COUNCIL AGENDA 9 JUNE 2009 I. CITY MANAGER'S BRIEFINGS - Conference Room - A. CHINESE DRYWALL Cheri Hainer, Administrator - Permits and Inspections B. GREEN RIBBON IMPLEMENTATION COMMITTEE Barry Frankenfield, Manager, Strategic Growth Area (SGA) II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION II II II CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 2:00 PM 4:30 PM II II VI. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCA TION: Reverend Tommy Taylor Pastor, London Bridge Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL FORMAL SESSION 2. INFORMAL and FORMAL SESSIONS May 19, 2009 May 26, 2009 G. FORMAL SESSION AGENDA H. PUBLIC HEARING 1. LEASE OF CITY PROPERTY Regional Group Home - 2293 Lynnhaven Parkway I. CONSENT AGENDA J. RESOLUTIONS/ORDINANCES 1. Resolution URGING the Commonwealth of Virginia and United States Congress to make the advancement of high speed passenger rail service from Richmond to Southside Hampton Roads a high priority 2. Resolution to MODIFY an architectural and engineering services contract and revise the price with Waterway Surveys and Engineering, Ltd, re the Lynnhaven River dredging project to allow for the change in the transfer facility site. 3. Ordinance to AUTHORIZE the City Manager to execute a lease of City-owned property at 2293 Lynnhaven Parkway to Tidewater Group Home II III11 4. Ordinance to GRANT permits allowing certain Emergency Medical Service (EMS) agencies to operate in the City of Virginia Beach: a. American Lifeline Medical Transport, Inc. b. Children's Hospital of the King's Daughters Transport Team c. Life Evac Virginia d. Medical Transport e. Mid-Atlantic Regional Ambulance, Inc. f. Eastern Shore Ambulance Service g. Nightingale Regional Air Ambulance h. Special Event Providers of Emergency Medicine 5. Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: a. $11,129,836 from Princess Anne Road - Phase IV to Nimmo Parkway - Phase V-A within the FY 2009-10 Capital Budget b. $1,036,910 from FEMA to the Fire Department's V A-TF2 Urban Search and Rescue Team re emergency preparedness c. $322,161 from Opportunity Inc. through the American Recovery and Reinvestment Act (ARRA) re Summer youth employment within City departments d. $15,000 from the City Beautification Fund to Parks and Recreation re Japanese Miyazaki Garden renovation K. PLANNING 1. Application of NANCY SAUNDERS and WALTER P. ADAMS, JR. for an Expansion of a Nonconforming Structure re a covered front porch and two-story addition at 107 85th Street, L YNNHA VEN DISTRICT. RECOMMENDA TION APPROV AL 2. Application ofTPKINVESTMENTS CORP. and CLINT USONIS for an Expansion ofa Nonconforming Structure re a porch enclosure, exterior stairs, decking and a two-story addition at 844 Dwyer Road, PRINCESS ANNE DISTRICT RECOMMENDATION APPROV AL 3. Application of MEMBERS TRUST CREDIT UNION for a Modification of Conditions re a two-story credit union, offices and a small restaurant at Holland Road and South Independence Boulevard (approved by the City Council on September 22, 1998), ROSE HALL DISTRICT RECOMMENDATION APPROVAL II III II 4. Application of HEARTS 4 KIDS CHILDCARE for a Conditional Use Permit re Daycare at 3569 Marvell Road, ROSE HALL DISTRICT RECOMMENDATION APPROV AL 5. Application of EASTERN ACADEMY OF MIXED MARTIAL ARTS, INC. for a Conditional Use Permit re an indoor recreational facility (martial arts) at 3900 Bonney Road, Suite 213, L YNNHA VEN DISTRICT RECOMMENDA TION APPROV AL 6. Application of HYBRID ACADEMY OF MARTIAL ARTS for a Conditional Use Permit, re an indoor recreational facility (martial arts), at 3636 Virginia Beach Boulevard, Suite 115, L YNNHA VEN DISTRICT RECOMMENDATION APPROV AL 7. Application of PUNGO AIRFIELD, LLC for a Conditional Use Permit, re a recreational facility of an outdoor nature (car racing, paintball) and a mulch facility at 1848 Princess Anne Road, PRINCESS ANNE DISTRICT RECOMMENDATION APPROV AL 8. Application of MANNY VARELA, CENTRES BFS NORTHEAST, LLC for a Conditional Use Permit re small engine repair at1531 General Booth Boulevard, BEACH DISTRICT RECOMMENDATION APPROV AL 9. Application of ENDEAVOR ENTERPRISES, LLC for a Change of Zoning District Classification, from AG-l and AG-2 Agricultural Districts to Conditional B-IA Limited Business District and P-l Preservation District at Holland Road and Chestnut Oak Way, PRINCESS ANNE DISTRICT APPLICANT REQUESTS DEFERRAL TO JULY 14, 2009 L. APPOINTMENTS BA YFRONT ADVISORY COMMITTEE BEACHES and W A TERW A YS COMMISSION BIKEW A YS and TRAILS COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION SOCIAL SERVICES BOATRD TIDEWATER COMMUNITY COLLEGE BOARD M. UNFINISHED BUSINESS III II N. NEW BUSINESS O. ADJOURNMENT ********************************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** COUNCIL SCHEDULE FOR JULY AND AUGUST Jul Planning ******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 6/9/09st WWW.VbgDV.CDIll I i III II - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 9, 2009 Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING re CHINESE DRYWALL in the City Council Conference Room, Tuesday, June 9,2009, at 2:00 P.M Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., and James L. Wood Council Members Absent: Robert M Dyer [Entered: 2:38 P.M) Ron A. Villanueva [Entered: 2:12 P.M) Rosemary Wilson [Entered: 2:35 P.M) John E. Uhrin [Entered: 2:05 P.M) June 9, 2009 II III II - 2 - C IT Y MANA G E R 'S B R IE FIN G CHINESE DRYWALL ITEM # 58891 2:00 P.M. Cheri Hainer, Administrator - Permits and Inspections, distributed a sample of the Chinese Drywall procured from Chesapeake's Building Official's office. The City of Virginia Beach has not been able to secure a sample currently being utilized. The installation ofgypsum wallboard materials (drywall) shall be in compliance with Section R702.31 of the Virginia Uniform Statewide Building Code (USBC), referencing several nationally recognized standards but specifically ASTM C36 and C 1396. Gypsum is a naturally occurring, semi-hvdrous form of calcium sulfate CaSO-l.Ij2 H20). The drywall imported from China appears to release sulfur-based compounds that negatively affect the metals found in HVAC systems and electrical wiring as well as prompting some health issues. The use of this product is not permitted until approved testing and listing information is submitted to and reviewed by Permits and Inspection. A sample of testing reports from China (one of the test dates expired in 2006) and the detailed ICC Evaluation Service, Inc. report (which requires reexamination every two (2) years) was distributed and is hereby made a part of the record. It is important to note that not all drywall from China has been discovered to have this chemical component. GYPSUM INVESTIGATION FINDINGS · Tainted drywall manufactured in gypsum mines in China Usedjlyash, a waste material that is a byproduct from power plants using coal - Coal jly ash can leak into the air and emit sulfur compounds. . Chinese drywall contains bacteria which is degrading iron and sulfur compounds to produce sulfurous odors Testing has proven if bacteria is, in fact, present, it is not significant enough to cause an odor Gypsum mined in Asia contains a naturally occurring allotrope of elemental sulfur- orthorhombic cyclooctasulfur (S8) . Samples also revealed carbon disulfide, sulfur dioxide and hydrogen sulfide · Hydrogen Sulfide (H2S) as a result of the manufacturing process The levels of H2S are sufficient enough to corrode copper, brass and some other metal building materials The corrosion process may be accelerated by increased relative humidity in the indoor environment NO STANDARD for levels of H2S in indoor environments - unknown what might be considered a "Safe" level GYPSUM INVESTIGATION FINDINGS . Approximately thirteen (13) manufacturing facilities in China could be involved - Knauf Tianjin Plasterboard Co. Ltd. -- one of the problematic manufacturers identified At least 550-MILLION pounds of this drywall has been ojjloaded in US ports since 2004 (one estimate suggests that this is enough to supply 250,000 average-sized homes 150,000 sheets in Tidewater Area in 2006-07 June 9,2009 II III - 3 - C IT Y MANA G E R 'S B R IE FIN G CHINESE DRYWALL ITEM # 58891 (Continued) GYPSUM CERTIFICATION ASTM 1396 - required physical properties core, end and edge hardness flexural strength nail pull resistance length tapered edge depth straightness of the edges and ends humidified deflection permeance water resistance and surface water absorption GYPSUM CERTIFICATION ASTM C 47 3 investigate modernization of the equipment used for the physical testing of gypsum board flexural strength (Method A) core, end and edge hardness (Method A) nail pull resistance (Method A) · Do not test for humidity and water affects · Not referenced standard in R702.3 GYPSUM INFORMATION . United States Consumer Product Safety Commission No direct correlation of this product and health issues - checkfor other allegiantsfirst The presence of defective drywall cannot be determined by testing a home's air Contact builder to determine ifproduct was used No formal determination available yet that the product is defective Florida Attornev General's office warns several deceptive practices targeted at homeowners Bogus chemical test kits Home inspection offers Ozone generators and chemical cleaners Only after documented proof from a qualified lab should a solution be implemented GYPSUM FACTS . Consumer Product Safety Commission (CPSC) and Center for Disease Control (CDC) have advised health effects temporary To date, no long term effects No product to mask the odor or seal walls Only solution: remove and replace drywall - Average cost $33,000 for 2000 square foot home Includes any repairs to mechanical and plumbing United States produced gypsum certified in compliance . June 9, 2009 II II - 4 - C I T Y MANA G E R 'S B R IE FIN G CHINESE DRYWALL ITEM # 58891 (Continued) GYPSUM ON-GOING ACTIONS In May 2009, the U. S. House of Representatives passed an amendment to the Mortgage Reform and Predatory Lending Act, HR 1728, that would require the Department of Housing and Urban Development (HUD) to study the effects of tainted Chinese drywall on foreclosures and the availability of property insurance GYPSUM SUMMARY . Contact your builder to determine if it was used Iffound. contact Consumer Product Safety Commission (CPSC) tojile incident report Only remedy to remove and replace drywall - Include repairs to HVAC and electrical systems New permits are certified to be in compliance Only drywall with ASTM stamp approved Continue to monitor agencies for updates . . . Councilman DeSteph distributed pictures of the corrosion to copper, iron from United States Consumer Product Safety Commission Website. Consumer Products Safety Commission has received over three hundred sixty-jive (365) reports from residents in eighteen (18) states and the District of Columbia who believe their health symptoms or the corrosion of certain metal components in their homes are related to the presence of drywall produced in China (individuals susceptible to colds, allegories, asthma, or reactions to other pollutants). Councilman DeSteph referenced the hotel in Chesapeake which had installed this drywall three (3) or four (4) months ago. In November or December, this issue of drywall was known and reported in the Wall Street Journal. Councilman DeSteph does not believe $33,000 would cover the cost of replacing the drywall as there might be other issues. Insurance Companies have declared this a pollutant. Ms. Hainer advised these symptoms are known, but the Consumer Product Safety Commission is not willing to say this is a direct link. The Federal Government is investigating to determine if there is something they can do to have the insurance companies involved. Ms. Hainer advised only forty (40) incidents have been truly identified in Hampton Roads. Councilman Wood distributed photographs depicting examples of corrosion in a home in the Lynnhaven District. Forty (40) sheets of Chinese Drywall were used in this construction. Councilman Wood advised the average residential builder typically does not carry pollution liability insurance, which is extremely expensive. Ms. Hainer advised Councilman Wood this Chinese drywall had been declared as hazardous a liability as asbestos. Councilman Wood advised speaking to one HazMat Contractor who has been hired to remove this drywall, which is being taken to the same landjill as asbestos. Concerning the builders' risk policy, Councilman Wood advised this would cover issues such as a home burning down during construction. Typically, there is a pollution exclusion. This can be added back into the policy, but a typical residential builder would not have this issue. June 9, 2009 II II II - 5 - CITY MANA GER 'S BRIEFING GREEN RIBBON IMPLEMENTATION COMMITTEE 2:25 P.M. ITEM # 58892 Barry Frankenfield, Manager - Strategic Growth Area, introduced key individual members of the Green Ribbon Implementation Committee: Peter Schmidt - Co-Chair, Andrew Fine - Co-Chair, Karen Forget. June Barrett-McDaniels History Green Ribbon Committee Report November 2007 Implementation Committee appointed December 2007 Staff meets monthly · Full Citizen Committee meets every two months Accomplishments ../ LEED Certification for City Buildings - Administrative Directive ../ LEED Accredited Professionals comprise seven (7) Staff) ../ Vegetative Buffer Guidelines - City Policy (Administrative Directive pending approval revised Chesapeake Bay Preservation Area (CBP A) regulations) ../ DSC Notice - Bio-Retention in Park Lots ../ Prohibition of Feeding of Wildlife Ordinance ../ Watershed Goals (TMDL Guidelines) ../ Comprehensive Stormwater Project Planning (Increase in Stormwater Fee to support specific projects over three-year cycles) ../ Improved Stormwater Management for City Redevelopment and Capital projects ../ Buffer Restoration Requirementsfor Conditional Zoning, Variances, and Easements Policy ../ Tree Stand Preservation, Urban Forestry, and Revisions to Landscape Ordinances (in progress) ../ Sustainable Management and Maintenance Policy (in progress) ../ Green Building Guidelines (Stewardship Award Program. in progress) Ordinances Pending June 23, 2009 . Reappointment of Implementation Committee - Two Year Term (July 2009 to June 2011) . Residential Street Width - Remove the requirement of60' (Sixty-foot) right-of-way 36' (Thirty-six foot) paved section for minor residential streets June 9, 2009 II II II - 6 - C IT Y MANA G E R 's B R IE FIN G GREEN RIBBON IMPLEMENTATION COMMITTEE ITEM # 58892 (Continued) Citizen Members Proposed Peter Schmidt · Billy Almond · Eddie Bourdon Claudia Cotton (New - Tidewater Builders' Association (TBA) Staff) · Craig Cope · Andrew Fine · Karen Forget · Noah Hill · June Barrett McDaniels Wayne McCoy · John Oliveri (New - Tidewater Builders' Association (TBA) Staff) . Council Liaisons: Councilwoman Henley and Councilman Wood Staff Members · Robert S. Herbert, Executive Sponsor Barbara Duke · Barry Frankenfield Bill Johnston Bill Macali · Carolyn Smith * Clay Bernick · Charles Hassen Joanne Moore * · Karen Lasley · Kay Wilson * · Kristina Salzman * · Lori Herrick · Meredith Ching · Nancy McIntyre * · Pam Matthias * Richard Lowman * · Ross Brockwell* · Wells Freed* * New Residential Street Width · Remove the requirement of 60' right-of-way 36' paved section for minor residential streets, reduces amount of paved surfaces No longer used for residential development · Does not address Planned Unit Developments · Current Street Section - 50' right-ofway wi 30' Paved Section which typically includes enough space for a 22 ' two-way travel lane. Zoning Ordinance Changes in 1988 increased required parking on sites · Garages do not count for parking 2 Parking Spaces required on site June 9, 2009 II III II - 7 - C IT Y MANA G E R 'S B R IE FIN G GREEN RIBBON IMPLEMENTATION COMMITTEE ITEM # 58892 (Continued) Ongoing Work . Revisions to Landscape Guide . Revisions to various Zoning Ordinances (Parking, PDH2, Lot Coverage, Open Space/Clustered Development) . Reduce Impervious Area in Cul-de-sacs . Chesapeake Bay Preservation Area (CBPA) Vegetative Buffer Guidelines . Review Housing Code Maintenance Standards to allow meadows and buffers . Swales alternative to curb and gutter . Incentive Programs Incentives Programs . Stewardship Award Program North Carolina Model o No new cost absorbed in various budgets . Tax Incentives for Energy Efficient Buildings o Ordinances in Arlington, Charlottesville and Roanoke One time annual property tax reduction of 50%. . Tax Incentives for Solar Panels - o Ordinance in Roanoke, Virginia o One time property tax credit. . Tax Incentives for installation of porous paving o One time property tax reduction of 50%. Enabling Legislation exists Details concerning Incentive Recommendations are hereby made a part of the record. Updates on Complementary Programs and Initiatives . American Institute of Architects (AlA) Sustainability Program: Clay Bernick and Ross Brockwell have been working on this program with the Team visit being scheduledfor September. Virginia Beach is one often (10) cities, nationwide, chosen to work on this program. . Green Collar Jobs Initiative: Dr. Patrick Konopnicki, Director of Technical and Career Education very involved working with Economic Development to develop curriculum, as well as job force development for Green Collar jobs. . Clean Waters Task Force. Owl Creek No-Discharge Zone (NDZ) similar to the Lynnhaven River NDZ, Clay Bernick, Environmental Management Administrator - Planning, involved with this concept. Applications are being reviewed. Mill Dam Creek Cleanup: Bill J Johnston - Public Works is involved in this project (cleaning up of the major "hot spots '') Army Corps of Engineers (ACOE) Lynnhaven Study and initiatives: ongoing effort. Andrew Fine, Co-Chair commenced working on this project many years ago. 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W W W Z ;� c w m — C° a °1 O0a u CC u F' w C -0 w y• v~i u v~+ • > V Z a °c al 3 C a, al Qf Cl V' u CO C7 w v. z n 0 c 0 - 8 - • Strategic Growth Areas:Integrate all of the best practices and the learning derived from the Green Ribbon Committee. CITY COUNCIL LIAISON REPORTS ITEM#58893 2:48 P.M. TECHNOLOGY Council Members Ron Villanueva and Glenn Davis, City Council Technology Liaisons, distributed their report, which is hereby made a part of the record Gwen Cowart, Director — ComIT, referenced the deployment of GPS (Global Positioning System Devices), Automatic Vehicle Location (AVL) and In-Vehicle Mapping (IVM) for public safety are currently in varying stages of implementation in public safety vehicles. At the present time, AVL is implemented for only Fire and Emergency Medical Services at the 911 Center. Police will be visible by the first of July. The display of maps in the vehicles (IV10 will be completed in June 2010. Gwen referenced Page 2 of the Report "Automatic Vehicle Location and In-Vehicle Mapping Activity Dependencies and the associated dates. The maps should be in by the end of the Summer, but will not have calculated routing. An upgrade must be completed. Gwen advised the funding for the In-Vehicle Mapping was in the FY2009 Capital Improvement Program and the Automatic Vehicle Location project was funded in FY 2006, but could not be deployed until all the mobile data terminals are replaced in all the public safety vehicles. This was completed last Summer. In the 911 Center, Dispatchers can actually see where the vehicles are on a map and choose the closest vehicle to dispatch. The next step is calculated routing. Via the Mobile Data Terminals (MDTs), information is provided showing the vehicle's present location, the incident location and the most expedient travel route. To be able to determine the most expedient route of travel, additional street network data has to be acquired and added to the GISA system (i.e. speed limits, right turn only, one way). City Council approved funding in the FY 2009 (CIP) Capital Improvement Program. Large changes are not incurred during the Summer, at the request of the customers (public safety agency), as they do not want anything to interfere in their highest service areas. Therefore, the add-up grade is scheduled for December and immediately following will be the deployment of the maps in the vehicles which calculate routing. Councilman Wood expressed concern and advised that five (5)years ago the City Council requested GPS and AVL capability in every public safety vehicle and ultimately every City vehicle. Council Lady Wilson advised she never envisioned a complicated system such as this. The City Council just wants GPS systems in City vehicles to be the same as in individual cars. Councilman Wood advised police cars, ambulances and fire trucks all now have their own personal portable Global Positioning Systems (GPS) as it is too cumbersome to utilize the map book or type in an address. BIKEWAYS AND TRAILS ITEM#58894 Councilman DeSteph, City Council Bikeways and Trials Liaison, advised the Commission met yesterday, June 8, 2009, and will have a Resolution presented to the City Council in the next month. June 9, 2009 II III II - 9 - CITY COUNCIL COMMENTS 2:51 P.M. ./TEM# 58895 Mayor Sessoms distributed correspondence, advising he will be attending the United States Conference of Mayors, in Providence, Rhode Island, from June 10, 2009, through June 16, 2009. Said correspondence is hereby made a part of the record. ITEM # 58896 Council Lady Henley advised that several years ago the City Council decided Council Members would park in the back of Building I - City Hall. This was to allow the adjacent parking lot at the side of City Hall to be available for the public. At the present time, Council Members Henley and Villanueva are the only Members using the back parking lot. Many spaces are reserved in back for the City Council which are not utilized and these reserved spaces could better be used by the citizens. Council Lady Henley suggested since other City Council Members are not parking there, the system should revert to having only three (3) reserved spots every day of the week. Councilman DeSteph advised for every Planning Commission meeting, there are individual signs "Reserved Planning Commission ", on the West lot depict for every member. Councilman DeSteph concurred with Council Lady Henley's suggestion. ITEM # 58897 Christopher S. Boynton, Senior City Attorney, presented a very thorough definition and explanation of the Noise Ordinance to the Resort Advisory Commission (RAC) on Thursday, June 4, 2009. The Resort Advisory Commission established a Subcommittee, Chaired by the President of the Restaurant Association. ITEM # 58898 Councilman Dyer referenced a very productive conversation re the Biennial Budget during the City Council Workshop of June 2, 2009. Councilman Dyer suggested the City Council Workshops commence at 2:00 P.M and after the regular City Council Session, there be time allotted for any topic which any City Council Member might wish to discuss. City Council would be discussing current topics. Councilman Dyer said this City Council discussion time should be allowed at least at one Workshop per month. Mayor Sessoms said this could be based upon the topics. Sometimes in recent Workshops, there are gaps of time. Mayor Sessoms suggested this concept be discussed during the City Council Retreat. Councilman DeSteph advised that for the Workshops not every topic has to be legally advertised. Councilman DeSteph concurred with Workshops commencing at 2:00 PM rather than 4:00 PM Council Lady Henley expressed concern in order to have the best and most productive discussion, items should be known in advance so the Staff can be prepared to respond and other City Council Members can be alert to those concerns. Councilman Davis suggested: if a Council Member has an item which they wish to discuss, they should email this proposed discussion to the City Clerk and she can forward it to all Members. City Attorney Mark D. Stiles, advised, by way of clarification, it is appropriate to list City Council Comments on the Workshop Agenda. These items would not be for general discussion and no official action would be taken. BY CONSENSUS, City Council Members concurred with the Workshop commencing at 2:00 PM on a trial basis. June 9, 2009 , I II II II - 10- AGE N DA REV IE W S E S S ION ITEM # 58899 3:50 P.M. BY CONSENSUS. the following items shall compose the CONSENT AGENDA: J RESOLUTIONS/ORDINANCES 1. Resolution URGING the Commonwealth of Virginia and United States Congress to make the advancement of high speed passenger rail service from Richmond to Souths ide Hampton Roads a high priority 2. Resolution to MODIFY an architectural and engineering services contract and revise the price with Waterway Surveys and Engineering. Ltd, re the Lynnhaven River dredging project to allow for the change in the transfer facility site. 3. Ordinance to A UTHORIZE the City Manager to execute a lease of City-owned property at 2293 Lynnhaven Parkway to Tidewater Group Home 4. Ordinance to GRANT permits allowing certain Emergency Medical Service (EMS) agencies to operate in the City of Virginia Beach: a. American Lifeline Medical Transport, Inc. b. Children's Hospital of the King's Daughters Transport Team c. Life Evac Virginia d. Medical Transport e. Mid-Atlantic Regional Ambulance, Inc. f. Eastern Shore Ambulance Service g. Nightingale Regional Air Ambulance h. Special Event Providers of Emergency Medicine 5. Ordinances to ACCEPT, APPROPRIATE and TRANSFERfunds: a. $11. 129. 836from Princess Anne Road-Phase IVtoNimmo Parkway -Phase V-A within the FY 2009-10 Capital Budget b. $1. 036. 910from FEMA to the Fire Department's VA-TF2 Urban Search and Rescue Team re emergency preparedness c. $322.161 from Opportunity Inc. through the American Recovery and Reinvestment Act (ARRA) re Summer youth employment within City departments d. $15,000 from the City Beautification Fund to Parks and Recreation re Japanese Miyazaki Garden renovation Councilman Wood inquired re J4 a-h (Emergency Medical Service agencies) if any report was received on accidents involving these ambulances. The City Manager will advise ifreports are received by EMS. June 9. 2009 , ' Ii "11 - 11 - AGENDA RE VIE W SESSION 3:08 P.M. ITEM # 58900 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Application of NANCY SAUNDERS and WALTER P. ADAMS, JR.for an Expansion of a Nonconforming Structure re a coveredfront porch and two-story addition at 107 85th Street, LYNNHA VEN DISTRICT. 2. Application ofTPK INVESTMENTS CORP. and CLINT USONISfor an Expansion of a Nonconforming Structure re a porch enclosure, exterior stairs, decking and a two-story addition at 844 Dwyer Road, PRINCESS ANNE DISTRICT 3. Application of MEMBERS TR UST CREDIT UNION for a Modification of Conditions re a two-story Credit Union, offices and a small restaurant at Holland Road and South Independence Boulevard (approved by the City Council on September 22. 1998), ROSE HALL DISTRICT 4. Application of HEARTS 4 KIDS CHILDCAREfor a Conditional Use Permit re Daycare at 3569 Marvell Road, ROSE HALL DISTRICT 5. Application of EASTERN ACADEMY OF MIXED MARTIAL ARTS, INC. for a Conditional Use Permit re an indoor recreational facility (Martial Arts) at 3900 Bonney Road, Suite 213, LYNNHA VEN DISTRICT 6. Application of HYBRID ACADEMY OF MARTIAL ARTS for a Conditional Use Permit. re an indoor recreational facility (Martial Arts), at 3636 Virginia Beach Boulevard, Suite 115, LYNNHA VEN DISTRICT 7. Application of PUNGO AIRFIELD, LLC for a Conditional Use Permit, re a recreational facility of an outdoor nature (car racing, paintball) and a mulch facility at 1848 Princess Anne Road, PRINCESS ANNE DISTRICT 8. Application of MANNY VARELA, CENTRES BFS NORTHEAST, LLCfor a Conditional Use Permit re small engine repair at1531 General Booth Boulevard, BEACH DISTRICT 9. Application of ENDEA VOR ENTERPRISES, LLC for a Chanf!e of Zoninf! District Classification, from AG-I and AG-2 Agricultural Districts to Conditional B-IA Limited Business District and P-I Preservation District at Holland Road and Chestnut Oak Way, PRINCESS ANNE DISTRICT June 9,2009 II II II - 12 - AGE N DA REV IE W S E S S ION ITEM # 58900 (Continued) City Council shall ADOPT, BY CONSENT, ALTERNATIVE VERSION with REVISED CONDITIONS (Item L.l/Saunders and Adams Nonconforming Structure) as distributed by Councilman Wood. Council Lady Henley inquired re Item L.2. (TPK INVESTMENTS CORP and CLINT USONIS) re a porch enclosure which extends into the setback. Council Lady Henley inquired re the difference in this application and the front porch request of Amanda Fulton in Red Mill Farms. Karen Lasley, Administrator - Zoning, and Stephen White, Planning, advised in this particular instance the house itself is already in the setback in the Agricultural District and thus is a noncoriforming structure. The applicant is requesting to add a porch to the front plus an addition on the back. The resident of Red Mill, who spoke at Open Mike on May 12, 2009. wants very much to have a wider porch. Ms. Lasley is working with Ms. Fulton to return to the Board of Zoning with an amended application. The building is not within the setback. Vice Mayor Jones DISCLOSED re Item L.6. (HYBRID ACADEMY OF MARTIAL ARTS) Conditional Use Permit for an indoor recreational facility at 3636 Virginia Beach Boulevard, Suite 115. Vice Mayor Jones owns property next to this application; however, the City Attorney has advised Vice Mayor Jones may vote as he does not have an economic interest. Council Lady Henley inquired re Item L. 7. (PUNGO AIRFIELD, LLC) re the Conditional Use Permit for a recreational facility of an outdoor nature (car racing, paintball). Council Lady Henley thought the City Council might need to clarify conditions defining their activities. This item shall be DEFERRED, BY CONSENT, until the City Council Session of July 7,2009. Item L.9 (ENDEAVOR ENTERPRISES, LLC) re a Conditional Change of Zoning shall be DEFERRED, BY CONSENT until the City Council Session of July 14, 2009 June 9, 2009 II 1III - 13 - ITEM # 58901 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(l) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of City Property: Bayside District Beach District Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 3:20 P.M. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr.. John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session: 3:30 P.M. - 4:45 P.M.) (Break: 3:22 P.M. - 3:30 P.M.) (Dinner: 4:45 P.M. - 5:50 P.M.) June 9, 2009 II II II - 14 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 9, 2009 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 9, 2009, at 6:00 P.M Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Tommy Taylor Pastor, London Bridge Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act "), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24,2009, is hereby made a part of the record. 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. June 9, 2009 I II IIII - 15 - Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of 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. June 9, 2009 11111 - 16 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 58902 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, 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: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None June 9,2009 II II II RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #58901, Page 13, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOff, THEREFORE, BE IT RESOL VED: 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. June 9, 2009 II II II - 17 - Item V-F.1 ITEM # 58903 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of May 19, 2009. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: James L. Wood Council Members Absent: None Councilman Wood ABSTAINED as he was not in attendance during the City Council Session of May 19, 2009, as he was out of the City, assisting in an economic marketing venture. June 9, 2009 II II II - 18 - Item V-F.2. ITEM # 58904 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of May 26,2009. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 9, 2009 I Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 19 - ITEM # 58905 AGENDA FOR THE FORMAL SESSION June 9, 2009 II II II - 20- Item V-H.J. PUBLIC HEARING ITEM # 58906 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTY Regional Group Home - 2293 Lynnhaven Parkway THERE BEING NO SPEAKERS, Mayor Sessoms CLOSED THE PUBLIC HEARING II II II June 9, 2009 II II II - 21 - Item V-J. RESOLUTIONS/ORDINANCES ITEM # 58907 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1,2,3,4 a-h, and 5 a-d of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 9, 2009 II II II - 22- Item V-J.l. RESOLUTIONS/ORDINANCES ITEM # 58908 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution URGING the Commonwealth of Virginia and United States Congress to make the advancement of high speed passenger rail service from Richmond to Souths ide Hampton Roads a high priority Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 9,2009 II II II 1 A RESOLUTION URGING THE COMMONWEALTH OF 2 VIRGINA AND CONGRESS TO ADVANCE HIGHER 3 SPEED PASSENGER RAIL TO SOUTHSIDE HAMPTON 4 ROADS AS A HIGH PRIORITY INITATIVE 5 6 WHEREAS, President Barack Obama recently released a strategic plan entitled 7 Vision for High-Speed Rail in America; and 8 9 WHEREAS, the President's high speed rail strategic plan proposes the rebuilding 10 of the country's existing rail infrastructure into a new robust network of high-speed 11 passenger rail corridors comparable to the European High-Speed Passenger Rail 12 System; and 13 14 WHEREAS, $8 billion has been allocated in the American Reinvestment and 15 Recovery Act of 2009 as a down payment on this new national high-speed passenger 16 rail system; and 17 18 WHEREAS, the President has proposed an additional $1 billion per year for the 19 next five years for the most qualified high-speed rail projects starting in the Proposed 20 United States FY 2010 Budget; and 21 22 WHEREAS, high-speed rail will have significant economic and quality of life 23 benefits for connected communities and regions across the country by offering a viable, 24 environmentally friendly, and energy efficient transportation alterative, which also 25 promotes economic development, job creation, and enhanced travel and tourism 26 opportunities; and 27 28 WHEREAS, it is critically essential that the Hampton Roads Region (the 29 "Region") be directly connected to the emerging national high-speed rail network to 30 ensure the Region's continued economic competitiveness; and 31 32 WHEREAS, the current and well documented traffic delays at the major water 33 crossings of Hampton Roads makes efficient travel across the Region difficult and 34 sometimes unreliable; and 35 36 WHEREAS the General Assembly's continued unwillingness to identify a 37 dedicated and sufficient transportation funding stream to improve the known 38 deficiencies in critical regional transportation corridors is a serious problem; and 39 40 WHEREAS, the initial investment in high speed rail to Hampton Roads must 41 directly connect the larger population base and employment centers of the Region, 42 which are located in South Hampton Roads, to fully realize and leverage the potential 43 benefits of such a major transportation investment; and 44 II III I 45 WHEREAS, a modern high-speed passenger rail system will offer a viable 46 emergency evacuation alternative for Southside Hampton Roads citizens in the event of 47 a hurricane or other major event necessitating mass evacuation of the Region; and 48 49 WHEREAS, the necessary studies to evaluate and select a preferred high-speed 50 rail alternative from Richmond to Hampton Roads have been delayed by more than two- 51 years; and 52 53 WHEREAS, the Commonwealth must with all deliberate speed complete the 54 federally required studies for identifying a preferred high-speed passenger rail 55 connection from Richmond to Hampton Roads so that the Region can be in a position to 56 successfully compete for current and future federal funding. 57 58 NOW, THEREFORE, be it resolved, by the Council of the City of Virginia Beach: 59 60 That, the first priority for the essential high-speed passenger rail connection to 61 Hampton Roads directly connects South Hampton Roads to Downtown Richmond 62 through Petersburg and along the Route 460 / Norfolk Southern Corridor. 63 64 AND BE IT FURTHER RESOLVED, that the Commonwealth of Virginia needs to 65 fully appreciate the tough competition our state will face for securing federal high-speed 66 rail funding and that high-speed passenger rail must be a high priority for the state 67 requiring the immediate and significant commitment of both staff and financial resources 68 to best position the Richmond to Hampton Roads High-Speed Passenger Rail Corridor 69 for selection for federal funding. 70 71 AND BE IT FURTHER RESOLVED, that the Hampton Roads Congressional 72 Delegation is requested to assist in the selection of the Richmond to Hampton Roads 73 High-Speed Passenger Rail Link and funding for the Richmond to Hampton Roads 74 High-Speed Passenger Rail Link from all possible sources including the pending 75 Federal Surface Transportation Act Re-Authorization and the President's newly 76 proposed high-speed passenger rail program. Adopted by the Council of the City of Virginia Beach, Virginia on this 9th day of June ,2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,:;e~ ~ City Attorney's Office CA 11142 R-2 May 22, 2009 II II !I - 23 - Item V-J.2. RESOLUTIONS/ORDINANCES ITEM # 58909 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to MODIFY an architectural and engineering services contract and revise the price with Waterway Surveys and Engineering, Ltd, re the Lynnhaven River dredging project to allow for the change in the transfer facility site. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 9, 2009 , ' II III II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 A RESOLUTION APPROVING THE MODIFICATION OF ARCHITECTURAL AND ENGINEERING SERVICES CONTRACT BETWEEN THE CITY AND WATERWAY SURVEYS AND ENGINEERING, LTD. WHEREAS, in July 2005, the City executed a contract with Waterway Surveys and Engineering, Ltd., to provide professional engineering services for the Western Branch of the Lynnhaven River Maintenance and Dredging Project (CIP # 8-005); and WHEREAS, the original scope of the project has been enlarged to include a change in location for the dredged material transfer station location and the incorporation of recreational uses into the facility layout and design; and WHEREAS, the modifications require additional professional engineering services to complete the project; and WHEREAS, the additional professional engineering services required to accomplish the scope of this project will increase the contract price by 69.7 percent over the original design contract amount of $240,000; and WHEREAS, the Virginia Public Procurement Act requires City Council approval of changes to contracts that exceed $50,000 or 25 percent of the original contract price, whichever is greater. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: The City Council hereby approves the modification of architectural and engineering services contract with Waterway Surveys and Engineering, Ltd., with the revised contract price of $407,209.- Adopted by the City Council of the City of Virginia Beach, Virginia, this 9th day of June ,2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: <2~ E t1~/u', Pu c Works 17'~ City orney's Office CA 11154 R-1 May 29,2009 II II II City e>f 'V'irgirria Beach DEPARTMENT OF PUBLIC WORKS 757-385-4167 FAX (757) 385-5783 TOD (757) 385-4305 VBgov.com MUNICIPAL CENTER BUILDING 2 ROOM 340 2405 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9031 INTER-OFFICE MEMORANDUM DATE: May 29,2009 TO: James K. Spore, City Manager p/%/ FROM: Jason E. Cosby, P.E., Director of Pu SUBJECT: Western Branch of Lynnhaven River Maintenance Dredging (CIP 8-005) Change Order Number 4 to the Engineering Design Contract In July 2005 the City executed a Contract Agreement with Waterway Surveys & Engineering, Ltd., to provide professional engineering services for the Western Branch of Lynnhaven River Maintenance Dredging Project. The original scope of services included surveying, shoaling analyses, permitting, channel design, public involvement, and development of construction contract documents. Additional professional engineering services are required to complete the project due to a change in the dredged material transfer station location and to incorporate recreational uses into the facility layout and design. The scope and fee proposal for the required additional professional engineering services are detailed in the attached document titled Change Order Number 4. The total amount of this change order is $113,980 bringing the revised total contract amount including previously approved change orders to $407,209. The contract change orders are summarized in the table below. Change Order Summary: Ori inal Contract Chan e Order #1 Chan e Order #2 Chan e Order #3 Chan e Order #4 Revised Contract $240,000 Ori inal Sco e and A reement Dated Jul 27,2005 $0 Removed non-pertinent information from the contract $13,235 Shoalin anal sis for Old Donation Creek $39,994 Fill mana ement Ian and JPA for Whitehurst Borrow Pit $113,980 Chan e in location and enhancements to transfer site $407,209 II II II Mr. James K. Spore May 29,2009 Page 2 This revised contract amount of $407,209 represents an increase of $167,209 (69.7%) over the original design contract amount of $240,000. City Council approval is required to authorize the City Manger to amend the original Contract Agreement in an amount greater than 25% of the original contract amount. In this regard the attached Agenda Item request and City Council Resolution are provided for your consideration. I would be pleased to provide any further information you may need. JEC/dfJ4 cc: Dave Hansen, Chief of Finance and Technology John Fowler, City Engineer Phi" Roehrs, Water Resources Manager Mike Mundy, Water Resources Project Management :c: u cd: uJ cO cd: --- z G~ ~r- --- --- '/cd: u-o Oz ~uJ o'::i t;-o 'Ot!c c~(Q 00'" .- u 't 10 '" ::- .~ cu'" ::s .... u .- .- '" -0 ,.. o ~ ~ · ~"'~-o CUQD"'~ s:. C ~ ... .... ._ -r: QD QD~mc C CU 3 .c ._ c ~ CU ::- ._ v CU oQDCC = C (Q .- ~ U.l QD 9-~~c ..... v .- U.l cU 5 ~ ~ .- (Q ..... ........... .aac ~ Ucu ~ cu .... ' ~.- ~ 4 -5 cu 4.rD Q) c.J C co c Q) ....., c .- co ~ '- Q) t) .~ .~ ~ cOLl' I''' '- 0 \,10'0-0 ~ on ' ,"v C 00 .c .- 0- C on- c-oU 3"~-' .cO c.J c co s- ea c s- Q) t; Q) 3 'C"'" $ ~ Q) c: =' ... en \ \ "'0 o -:P (1) Q)~ c - . c 5 '>": t'O .- u 6~o c -6 go. .- QJ \1'\ i~t- . . . ~ QJ 'tn c t'O ~ r- - t'O .- ~ QJ to ~ \1\ QJ ~ .- ~ TS ~ . II 1II1 C) I I D c .- C) "'0 ~ C CD c c c c .- 0 2j m f/J .- m 10 .s:::. ..... c () m en m C) c f/J C Q) f/J .- ..... 8 E c .- :::I as I- :!: 1- . . II II II II II II II II II \ . . . . , I II II II II II II II 1III - 24- Item V-J.3. RESOLUTIONS/ORDINANCES ITEM # 58910 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute a Lease of City-owned property at 2293 Lynnhaven Parkway to Tidewater Group Home Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 9, 2009 II II II 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR ONE 3 YEAR, WITH FOUR OPTIONAL ONE-YEAR 4 RENEWALS, WITH TIDEWATER REGIONAL 5 GROUP HOME COMMISSION, FOR 4,080 SQUARE 6 FEET OF CITY-OWNED LAND LOCATED AT 2293 7 LYNNHAVEN PARKWAY IN THE CITY OF VIRGINIA 8 BEACH 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 11 certain parcel of land located at 2293 Lynnhaven Parkway in the City of Virginia 12 Beach (the "Property"). 13 14 WHEREAS, Tidewater Regional Group Home Commission, a public body 15 corporate established pursuant to Virginia Code 916.1-315, et seq., ("TRGHC") 16 desires to lease 4,080 square feet of the Property (the "Premises"). TRGHC has 17 agreed to lease the Premises from the City for one year, with four optional one- 18 year renewals, with a lease payment of One Dollar ($1.00) per year. 19 20 WHEREAS, City Council approved a similar lease of the Premises to 21 TRGHC on February 8, 2008, and TRGHC has leased the Premises from the 22 City for approximately 30 years; 23 24 WHEREAS, TRGHC desires a new lease so that it can change the use of 25 the Premises from a transitional living program house for youthful offenders 26 between the ages of seventeen and twenty-one to providing residential housing 27 for juvenile offenders between the ages of twelve and seventeen. 28 29 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute a lease for the term 33 of one year, with four optional one-year renewals, between TRGHC and the City, 34 for the Premises in accordance with the Summary of Terms attached hereto and 35 made a part hereof, and such other terms, conditions or modifications deemed 36 necessary and sufficient by the City Manager and in a form deemed satisfactory 37 by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 9th 40 day of June ,2009. II II II APPROVED AS TO LEGAL SUFFICIENCY~ AD F__M---~) ~ /--~,,- .' " ,,~/ / -L--/ ,/ // .- r .." City Attorney APPROVED AS TO CONTENT CA11016 Ilvbgov.comldfs 1 lapplicationslcitylawprodlcycom321 WpdocslDO 11 IP0051000 12241.DOC R-1 June 1 , 2009 2 II II !I " SUMMARY OF TERMS LEASE FOR THE USE OF 4,080 SQUARE FEET OF CITY REAL PROPERTY LESSOR: City of Virginia Beach LESSEE: Tidewater Regional Group Home Commission PREMISES: Approximately 4,080 square feet of City property, including the existing residence, located at 2293 Lynnhaven Parkway in the City of Virginia Beach TERM: July 1, 2009 through June 30,2010. RENEWAL: Four optional one-year terms. TERMINATION: City may terminate at any time on thirty (30) days written notice to Lessee. RENT: Rent shall be one dollar ($1.00). RIGHTS AND RESPONSffiILITIES OF TIDEWATER REGIONAL GROUP HOME COMMISSION: . Offer a Boys Group Home, licensed by the Board of Juvenile Justice. This residential unit will house boys 12-17 years of age and will not exceed 12 residents at any given time. These boys have been referred from the Court Services Unit or Department of Social Services and have not been incarcerated. Each person will stay an average of 4-6 months, the maj ority of the boys remain in custody of their parenti guardian with the goal of returning back home upon successful completion of the program. . Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. . Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. · Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. · Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease, including Virginia Beach Code Section 23-59. II II II RIGHTS AND RESPONSIBILITIES OF THE CITY: . Will have access to the Premises at any time, without prior notice, in the event of an emergency. . Will have the right to require Tidewater Regional Group Home Commission to surrender possession and control of the Premises to the City upon forty-eight (48) hours notice in the discharge of its powers, purposes, or responsibilities. . Will have the right to grant easements and rights of way across, in, under and through the Premises for streets, alleys, public highways, drainage, and other similar purposes. V :\applications\citylawprod\cycom32\ Wpdocs\D027\P002\00036 I 12 .DOC LOCA1'I01'l ~AP C) e ~ g-~ O~ 6 ~ ~? ~~ .~ g ~~ ~~ ~C]\ ~('l ~('l ~ ....... ~ II III - 25 - Item V-J.4. RESOLUTIONS/ORDINANCES ITEM # 58911 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to GRANT permits allowing certain Emergency Medical Service (EMS) agencies to operate in the City of Virginia Beach: a. American Lifeline Medical Transport, Inc. b. Children's Hospital of the King's Daughters Transport Team c. Life Evac Virginia d. Medical Transport e. Mid-Atlantic Regional Ambulance, Inc. f. Eastern Shore Ambulance Service g. Nightingale Regional Air Ambulance h. Special Event Providers of Emergency Medicine Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Item V-J.5. June 9, 2009 II II II 1 AN ORDINANCE TO GRANT PERMITS ALLOWING 2 CERTAIN EMERGENCY MEDICAL SERVICES 3 AGENCIES TO OPERATE IN THE CITY OF VIRGINIA 4 BEACH 5 6 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates 7 an emergency medical services agency or any emergency medical services vehicle within 8 the City must first obtain a permit from City Council, and such permits must be renewed on 9 an annual basis; and 10 11 WHEREAS, applications for permit renewals have been received by the following 12 agencies: Eastern Shore Ambulance, American Lifeline Medical Transport, Inc., Mid- 13 Atlantic Regional Ambulance, Inc., Children's Hospital of the King's Daughters Transport 14 Team, Life Evac Virginia, Special Event Providers of Emergency Medicine, Nightingale 15 Regional Air Ambulance, and Medical Transport, L.L.C.; and 16 17 WHEREAS, the above-listed private ambulance agencies perform services not 18 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 19 transports, which include both basic and advance life support calls. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 22 VIRGINIA BEACH; 23 24 1. That the City Council hereby grants Emergency Medical Services permits to the 25 following agencies: 26 27 Eastern Shore Ambulance, American Lifeline Medical Transport, Inc., Mid- 28 Atlantic Regional Ambulance, Inc., Children's Hospital of the King's 29 Daughters Transport Team, Life Evac Virginia, Special Event Providers of 30 Emergency Medicine, Nightingale Regional Air Ambulance, and Medical 31 Transport, L.L.C.. 32 33 2. That these permits shall be effective from July 1, 2009 until June 30, 2010. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of June , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: --/~/ ~ {\.4f!;;~.- a~:.-- Emergency Medical Services CA 1114 1 R-2 May 29,2009 II II II - 26- Item V-J. 5. RESOLUTIONS/ORDINANCES ITEM # 58912 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer. City Council ADOPTED: Ordinances to ACCEPT, APPROPRIATE and TRANSFERfunds: a. 11,129,836 from Princess Anne Road - Phase IV to Nimmo Parkway - Phase V-A within the FY 2009-10 Capital Budget b. $1,036. 910from FEMA to the Fire Department's VA-TF2 Urban Search and Rescue Team re emergency preparedness c. $322,161 from Opportunity Inc. through the American Recovery and Reinvestment Act (ARRA) re Summer youth employment within City departments d. $15,000 from the City Beautification Fund to Parks and Recreation re Japanese Miyazaki Garden renovation Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer. Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr.. John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 9, 2009 II II II 1 AN ORDINANCE TO TRANSFER FUNDS FROM CIP # 2- 2 305, PRINCESS ANNE ROAD - PHASE IV, TO CIP # 2-121, 3 NIMMO PARKWAY - PHASE V-A, WITHIN THE FY 2009-10 4 CAPITAL BUDGET 5 6 WHEREAS, VDOT will be allocating $16,700,000 in additional American 7 Recovery and Reinvestment Act of 2009 funding to CIP #2-305, Princess Anne Road - 8 Phase IV, which allows for the reallocation of funding within the FY 2009-10 Capital 9 Improvement Program. 10 11 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That $11,129,836 is hereby transferred from CIP #2-305, Princess Anne Road - 15 Phase IV, to CIP #2-121, Nimmo Parkway - Phase V-A, in the FY 2009-10 Capital 16 Budget. Adopted by the Council of the City of Virginia Beach, Virginia, on the !J!:! day ofOZ'~ ,2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Dwu.\ Ci:J2"~. Management Services CA 11152 R-1 May 27, 2009 II II II 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE U.S. DEPARTMENT OF 3 HOMELAND SECURITY TO THE FY 2009-10 4 OPERATING BUDGET OF THE FIRE DEPARTMENT 5 6 BE 'T ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) Funds are hereby accepted from the U.S. Department of Homeland Security, 10 Federal Emergency Management Agency, for the FY 2009-10 Cooperative Agreement 11 Grant for continued operation of the Virginia Task Force 2 Urban Search and Rescue 12 Team in the amount of $1,036,910, and appropriated, with estimated federal revenues 13 increased accordingly, to the FY 2009-10 Fire Department Operating Budget; and 14 15 2) As a condition of continued grant funding for the duration of the grant, 3.25 16 positions, including two full-time positions (FEMA Program Manager and Account Clerk) 17 and two part-time positions (Training Manager and Logistics Manager totaling 1.25 18 FTE'S), are approved and maintained in the FY 2009-10 Operating Budget and the Fire 19 Department. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of June , 2009. Requires an affirmative vote by a majority of all the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: B~Q.~ Management Services l ~- 1i;!O~ -~ City A orney's O~ice CA11143 R-2 May 26, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2. That, subsequent to approval of the Memorandum of Understanding 22 (MOU) by the City Attorney, the City Manager or his designee is hereby authorized to 23 execute the MOU with Opportunity Inc. to provide a summer youth work experience 24 program. A summary of the material terms of the MOU is attached hereto. 25 26 27 II II AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS TO THE FY 2008-09 OPERATING BUDGET OF THE DEPARTMENT OF HUMAN RESOURCES FROM OPPORTUNITY INCORPORATED OF HAMPTON ROADS WHEREAS, the City of Virginia Beach desires to provide a summer youth jobs program for up to 138 youth ages 14 to 24 years for eight weeks during 2009; and WHEREAS, the cost of such program would be funded through money received by the City of Virginia Beach from Opportunity Incorporated of Hampton Roads (Opportunity Inc.) as part of the American Recovery and Reinvestment Act (ARRA). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $322,161 is hereby accepted and appropriated, with federal revenue increased accordingly, to the Department of Human Resources to fund a summer youth work experience program; and Adopted by the Council of the City of Virginia Beach, Virginia on the 9 th of June, 2009. day Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: s( ~~- / Ity A orney's Office CA11150 R-2 May 27,2009 II II II Summary of Agreement between City of Virginia Beach ("City") and Opportunity Incorporated of Hampton Roads ("Opportunity Inc.") SUMMARY OF MATERIAL TERMS Purpose: This Memorandum of Understanding would provide federal funds authorized under the Workforce Investment Act ("WIA") and the American Recovery and Reinvestment Act ("ARRA") to the City for the operation of a summer work experience program for eligible youth. Term: The agreement shall be in effect from the date of execution and conclude on September 30,2009 (with the work experiences extending from June 29,2009 to August 21,2009, a period of8 weeks). Responsibilities of the City: . Recruit youth to participate in the program and determine, verify and document program eligibility. . The City would have a goal of placing 138 youth in the program. . Identify worksites, develop participant job descriptions, assign youth to specific worksites, conduct supervisor and participant training and orientations and coordinate the program throughout the summer months. All worksites are required to be safe and meet all WIA and ARRA requirements. . Conduct work readiness training and related pre and post assessments for participants. . Maintain a payroll system and make direct payments to participants. . Develop an Individual Service Strategy for each participant. . Provide reporting regarding participants and programmatic activities. Responsibilities of Opportunity Inc.: . Provide up to an overall amount of $322,161. Of this amount, up to $280,140 is available for direct payments to youth participants, plus any additional expenditure(s) that may be required by any federal, state or local jurisdiction in regards to these payments. The remaining amount of up to $42,021 is available for operational costs, including participant work readiness training. . Provide oversight of the program. However, the oversight will not disrupt any programmatic activities and prior notice will be provided. II II II 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM 2 FUND BALANCE IN THE CITY BEAUTIFICATION 3 FUND TO THE FY 2008-09 OPERATING BUDGET OF 4 THE DEPARTMENT OF PARKS AND RECREATION 5 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $15,000 of fund balance from the City Beautification Fund is hereby 11 appropriated, with local revenue increased accordingly, to the FY 2008-09 Operating 12 Budget of the Department of Parks and Recreation for landscaping on public property. 13 14 Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day 15 of June , 2009. 16 17 Requires an affirmative vote by a majority of all the members of City Council. D~O~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CONTENT: Q ~. r,~ ~~ City Att . ney s Office CA11145 R-2 May 26, 2009 Ii 1II1 - 27- Item V-K PLANNING ITEM # 58913 1. NANCY SAUNDERS and NONCONFORMING STRUCTURE WALTER P. ADAMS, JR. 2. TPK INVESTMENTS CORP. NONCONFORMING STRUCTURE and CLINT USONIS 3. MEMBERS TRUST CREDIT UNION MODIFICATION OF CONDITIONS (APPROVED September 22, 1998) 4. HEARTS 4 KIDS CHILDCARE CONDITIONAL USE PERMIT 5. EASTERN ACADEMY OF MIXED MARTIAL ARTS,INC. CONDITIONAL USE PERMIT 6. HYBRID ACADEMY OF MARTIAL ARTS CONDITIONAL USE PERMIT 7. PUNGO AIRFIELD, LLC CONDITIONAL USE PERMIT 8. MANNY VARELA, CENTRES BFS NORTHEAST, LLC CONDITIONAL USE PERMIT 9. ENDEA VOR ENTERPRISES, LLC CONDITIONAL CHANGE OF ZONING June 9,2009 II II II - 28 - Item v'K. PLANNING ITEM # 58914 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1 (ALTERNATIVE VERSION), 2,3, 4, 5, 6, 7 (DEFERRED), 8 and 9 of the PLANNING BY CONSENT AGENDA. Item K.I. (SAUNDERS and ADAMS NONCONFORMING STRUCTURE) Alternate Version with Revised Conditions shall be APPROVED, BY CONSENT Item K. 7. (PUNGO AIRFIELD, LLC) shall be DEFERRED, BY CONSENT, until the City Council Session of July 7, 2009. Item K9. (ENDEA VOR ENTERPRISES, LLC) shall be DEFERRED, BY CONSENT, until the City Council Session of July 14, 2009. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones. Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Vice Mayor Jones DISCLOSED re Item L.6. (HYBRID ACADEMY OF MARTIAL ARTS) Conditional Use Permit for an indoor recreational facility at 3636 Virginia Beach Boulevard. Suite 115. Vice Mayor Jones owns property next to this application; however. the City Attorney has advised Vice Mayor Jones may vote as he does not have an economic interest. June 9, 2009 II II !I - 29- Item V.K.l. PLANNING ITEM # 58915 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED with REVISED CONDITIONS, ALTERNATE VERSION of the Resolution re application of NANCY SAUNDERS and WALTER P. ADAMS, JR. for an Exvansion of a Nonconforminf! Structure re a covered front porch and two-story addition at 107 85th Street RESOLUTION AUTHORIZING THE EXPANSION OF A NONCONFORMING USE UPON APPLICATION OF NANCY SAUNDERS AND WALTER P. ADAMS, JR. FOR AN EXPANSION OF A NONCONFORMING STRUCTURE RE A COVERED FRONT PORCH AND TWO-STORY ADDITION AT 107 85TH STREET Resolution authorizing the Expansion of a Nonconforming Use upon application of NANCY SAUNDERS and WALTER P. ADAMS, JR. for an Expansion of a Nonconforming Structure re a covered front porch and two-story addition at 107 85th Street,( GPIN: 25105087170000) DISTRICT 5 - LYNNHA VEN The following conditions shall be required: 1. When the dwelling is remodeled, the exterior improvements for the decking, screened-in porch and exterior stairs shall be as substantially depicted on the elevations entitled, "Porch Addition Plans, 107-85th Street, Virginia Beach, VA," prepared by Cleghorn Design Services, dated 3/30/09, except as specified below: a. The first floor deck may be screened-in, but may not be fully enclosed as living space or heated or air-conditioned. The second floor deck may not be screened-in or enclosed as living space. b. The two-story spiral stairs proposedfor the east side of the decks shall not encroach into the side yard 8-foot setback as shown on the submitted plan. Any proposed stairway shall be constructed within the normal building envelope and shall meet the side yard setback. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: June 9,2009 II II II 1 ALTERNATE VERSION 2 REQUIESTED BY COUNCILMEMBER JAMES L. WOOD 3 4 5 6 A RESOLUTION AUTHORIZING THE 7 ENLARGEMENT OF A NONCONFORMING 8 STRUCTURE ON PROPERTY LOCATED AT 9 107 85th STREET 10 11 WHEREAS, Nancy Saunders (hereinafter the "Applicant") has made application 12 to the City Council for authorization to enlarge a nonconforming structure by making 13 additions to a single-family dwelling that is nonconforming as to the front yard setback 14 on a lot or parcel of land having the address of 107 85th Street, in the R-5R Residential 15 Zoning District; 16 17 WHEREAS, the said structure is nonconforming, as the dwelling does not meet 18 the setback requirements for the R-5R Residential Zoning District and was constructed 19 prior to the adoption of the applicable regulations; and 20 21 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 22 enlargement of a nonconforming structure is unlawful in the absence of a resolution of 23 the City Council authorizing such action upon a finding that the proposed structure, as 24 enlarged, will be equally appropriate or more appropriate to the zoning district than is 25 the existing structure; 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the City Council hereby finds that the proposed structure, as enlarged, will 31 be equally appropriate to the district as is the existing structure under the conditions of 32 approval set forth hereinbelow. 33 34 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 35 BEACH, VIRGINIA: 36 37 That the enlargement of the nonconforming structure is hereby authorized, upon 38 the following conditions: 39 40 1. When the dwelling is remodeled, the exterior improvements for the 41 decking, screened-in porch, and exterior stairs shall be as substantially 42 depicted on the elevations entitled, "Porch Addition Plans, 107-85th 43 Street, Virginia Beach, VA," prepared by Cleghorn Design Services, dated 44 3/30/09, except as specified below. 45 46 47 48 49 50 51 52 53 54 55 56 of II II !I 2. The first floor deck may be screened-in, but may not be fully enclosed as living space or heated or air-conditioned. The second floor deck may not be screened-in or enclosed as living space. 3. The two-story spiral stairs proposed for the east side of the decks shall not encroach into the side yard 8ft setback as shown on the submitted plan. Any proposed stairway shall be constructed within the normal building envelope and shall meet the side yard setback. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day June , 2009. APPROVED AS TO LEGAL SUFFICIENCY: Ci~~(jd1:t o/1lvW APPROVED AS TO CONTENT: CA11148 R-2 June 9, 2009 REQUEST: Chanqe to a Nonconforminq Structure ADDRESS I DESCRIPTION: 107 85th Street GPIN: 25105087170000 ELECTION DISTRICT: L YNNHA VEN II II June 9, 2009 City Council Meeting APPLICANT & PROPERTY OWNER: NANCY SAUNDERS STAFF PLANNER: Carolyn A.K. Smith SITE SIZE: AICUZ: Approximately 7,600 Less than 65 dB DNL square feet SUMMARY OF REQUEST The applicant requests to modify an existing legal nonconforming structure that encroaches into the front yard setback. The setback is nonconforming as it does not meet the current setback requirement for the R-5R Resort Residential District. The applicant desires to modify the structure by enclosing the existing ground floor porch with a screened porch and adding an exterior staircase for access from the 1st floor deck to the proposed 2nd floor deck. The building plans also depict removing two (2) existing windows along the front fac;ade and replacing them with sliding glass doors. A portion of the home, built in 1912, is located within the 20 foot front yard setback required by the R-5R Residential District. The existing front fac;ade of the dwelling is located approximately 16 feet from the right-of-way. The proposed modification will not result in any additional encroachment into the setback. The submitted site plan depicts a two (2) story, 1,200 square foot single-family dwelling with a small deck on the rear of the building, a small shed in the back yard, and a concrete parking pad parallel to 85th Street. NANCY SAUNDERS June 9,2009 City Council Meeting Page 1 1II1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND USE AND ZONING: North: South: . Single-family home / R-7.S Residential District 8Sth Street Single-family home / R-7.S Residential District Single-family home / R-7.S Residential District Single-family home / R-7.S Residential District . . East: West: . . NATURAL RESOURCE AND CULTURAL FEATURES: The site is located within a block of the Atlantic Ocean. There do not appear to be any significant environmental or culturally significant features on this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Atlantic Avenue is a four-lane undivided minor urban arterial. There are no current CIP projects in this segment of Atlantic Avenue or for 8Sth Street. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Atlantic Avenue 2,700 ADT 1 14,800 ADT 1 (Level of Existing Land Use L - 10 Service "CH) - 27,400 ADT ADT 1 (Level of Service Proposed Land Use 3 - 10 "E") ADT Average Daily Trips 2 as defined by single family dwelling 3 no change as no additional dwellinq proposed WATER & SEWER: This site is already connected to both City water and City sewer. Staff recommends approval of this request. EVALUATION AND RECOMMENDATION The home, built in 1912, is located within the 20 foot front yard setback required by the R-SR Residential District. The existing front fagade of the dwelling is located approximately 16 feet from the right-of-way. The proposed improvements, enclosing the ground floor porch with a screened porch and adding an NANCY SAUNDERS June 9, 2009 City Council Meeting Page 2 1111 exterior staircase for access from the 15t floor deck to the proposed 2nd floor deck, are reasonable, and the proposed modifications will not result in any additional encroachment into the setback. Staff concludes that the proposed modification is reasonable, will have a minimal impact, and will be as appropriate to the existing residential neighborhood as the existing non-conforming structure. The design of the proposed modifications blend with the existing structure, and the residential use will remain the same. The request, therefore, is acceptable as submitted, subject to the condition below. CONDITIONS 1. When the dwelling is remodeled, the exterior improvements for the decking, screened-in porch, and exterior stairs shall be as substantially depicted on the elevations entitled, "Porch Addition Plans, 107- 85th Street, Virginia Beach, VA," prepared by Cleghorn Design Services, dated 3/30/09. 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. NANCY SAUNDERS June 9, 2009 City Council Meeting Page 3 11I1 AERIAL OF SITE LOCATION NANCY SAUNDERS June 9,2009 City Council Meeting Page 4 II II II .. ..----..-..---..----. ON LINE 50' ELEO lOX FRAME .. SHI!Il ::! '2.5' w 4 li! w ... 8 !~ ~ i! ~ ! I::! 10 iil STEPS - ~ DECK 5 ,3.V ,3' 10' WOODEN FENCE TWO 0 AC 1.2' STORY PAC FRAME ~ ~ w .. ~ ~ .107 z I ~. A?~ ~'-A elf: EX/ S r /,.,) '- .otGCK.. &.. ;r t::? L:) 2. ~ D ,. ~ z:;nF <='1<. 6 85TH (80') STREET _,.~~'l~_~~~',_awJo't,";i.i"!iJ";h<".lf,P~g..,~~L.X 9N,,~.tJ~~.~~.,~~~ry.~~CONO STREET) - 280' 0 ATLANTIC AVENUE PROPOSED SITE PLAN NANCY SAUNDERS June 9, 2009 City Council Meeting Page 5 Q ~ G fJ N "'- II " ~ , ~ ~ '0 " ~ \\) ..) " " ~ '\j ,I Ii ~ \} ~ ~~ ~ "- ~ " ~ -.l , '\ Q \} \J) --J \ G ~ '~ ~ \u \ ~ \\-r- ~ "'- \f) I j ~ PROPOSED BUILDING ELEV A liON NANCY SAUNDERS June 9, 2009 City Council Meeting Page 6 I I I-- I I I L- i-- I 2-XlSF. ;; . . .. " ~D)~ 4MEalC4M Dl:SlCN DaAFTI ASSOC'I.4 noN ( .. 5CALIL,(,I ~ 7 DATE..!! ;#1 R/~)"/T EL€VAr-/C ZS"C,."'f (. Ii:.' ~" =-1 c...~" ?o,e <: It:; 7- cS V/;,c (;.pI.,.) PROPOSED BUILDING ELEVATION NANCY SAUNDERS June 9,2009 City Council Meeting Page 7 , I Saunders ~ % ~ o ~ J;.> -:> Non-Conforming Use 06/26/89 Granted 1 04/23/02 2 Denied ZONING HISTORY NANCY SAUNDERS June 9, 2009 City Council Meeting Page 8 z o I I ~ U I I .......::I ~ ~ ~ CI':J ;::::J t.:) Z I I ~ o t:=t-c Z o u . Z o Z II II II IEC:_L..c>SURE STATEMENT J 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 lt1e names of all officers. members. trustees, partners etc below (Attach list If Ilecessary) ,', ;,,, 1 . ") 2 List all bUSinesses that have a parent-subsidiary or affiliated bUSiness entity' relationship with the applicant (Attach/1st If IlAcessaryJ .../L d Check here If the applicant IS NOT a corporation partnership firm. bUSiness. or other urlIncorporated organization PROPERTY OWNER DISCLOSURE COIT/plete this sect/on only if property owner is different from appl/cant If the property owner IS a corporation, partnership. firm. business or other unincorporated organization. complete the follOWing 1 List the property owner name followed by the names of all officers members trustees. partners. etc below (AttAch list If nAu1ssaryl 2 List all bUSinesses that have a parent-subsidiary 1 or affiliated bUSiness entlt/ relationship With the applicant (Attac/1Ifst/f nocossDlyJ o Check here If the property owner IS NOT a corporation partnership flrrn bUSiness, or other unincorporated organization j '1 . _..w..__._.._u.._.~:-~__.~_~___________ & ' See next page for footnotes Does an offiCial or employee of the City of Virginia Beach have an mterest In the subject land? Yes No If yes what IS the name of the offir.lal or pmployeE' and the nature of their Interest? NI)!! f:~vnhrf1::n~~ 1):,(' t\JJpllC.i.lklil P-t:;e 8 \:1 '] :""'i.ll~p.r11 'bf7 NANCY SAUNDERS June 9, 2009 City Council Meeting Page 9 ] II 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 limited to the providers of architectural services, real estate services. financial services, accounting services. and legal services (Attach list if necessary) .;,~" ~; ,,,,., ". -\, \ . '. '. , " ;'" J , , 'Parent-subsidiary relationshi p' 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. Va Code S 2 2-3101 ,"Afflliated business entity relationship' means 'a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest In the other business entity, (ii) a controlling ow ner 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 con sidered in determining the eXistence of an affiliated business entity relationship incl ude 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 same offices or employees or otherwise share actiVities, resources or personnel on a regular basis; or there is otherwise a close working relations hip between the entities.' See State and Local Government Conflict of Interests Act, Va. Code S 22-3101 CERTIFICA TION: I 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 responsible for obtaining and posting the reqUlfed sign on the subject proper1y at least 30 days prior to the scheduled public hearing according to the instructions In thiS package The underSigned also consents to entry upon the subject property by employees of the Depar1ment of Plallnlng to photograph and view the site for purposes of processlllg and evaluating thiS application ; I ,,!' j.l ~nts Signature \ \ Print Name I I . ~ .~, _,~ <; , ,l I,. 'I I. . . ',' ,0 , 1 1 ' Property Owner'~ Signature (If different than applicant) , i Print Name Non,Contonninq Use }\ppllc~11Ion Page 9 of 9 ReV!SfoQ 7 r.wJ 7 II II II z o I . ~ U I . .....:I o. ~ ~ CI':} p ~ Z I . i o ~ Z o u . Z o Z NANCY SAUNDERS June 9, 2009 City Council Meeting Page 10 II II II - 30 - Item V.K.2. PLANNING ITEM # 58916 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Resolution re application of TPK INVESTMENTS CORP. and CLINT USONIS for an Expansion of a Nonconforminf! Structure re a porch enclosure, exterior stairs, decking and a two-story addition at 844 Dwyer Road, PRINCESS ANNE DISTRICT: RESOLUTION RE APPLICATION OF TPK INVESTMENTS CORP. AND CLINT USONIS FOR AN EXPANSION OF A NONCONFORMING STRUCTURE RE A PORCH ENCLOSURE, EXTERIOR STAIRS, DECKING AND A TWO-STORY ADDITION AT 844 DWYER ROAD Resolution re application of TPK INVESTMENTS CORP. and CLINT USONIS for an Expansion of a Nonconforming Structure re a porch enclosure, exterior stairs, decking and a two-story addition at 844 Dwyer Road (GPIN:24I58422880000) DISTRICT 7 - PRINCESS ANNE The following conditions shall be required; 1. The proposed addition shall be constructed substantially in accordance with the submitted site plan entitled "Exhibit Showing Proposed Addition Lot 5, #844 Dwyer Road as shown on Plat Combining Lots 1, 2, 3, 4 and 5 Belonging to Archie R. & Florence L. Fulford", dated 02 - 15 - 09 and prepared by Michael Rheinhart Land Surveyor. Said plan has been exhibited to the City of Virginia Beach City Council and is onjile in the Planning Department. 2. The proposed addition shall be constructed substantially in accordance with the submitted elevation plans entitled "Va. Beach House Diamond Custom Homes Sheet 1.1 ", dated 1/26/09 and prepared by Boathouse Creek Graphics, Inc. Said plans have been exhibited to the City of Virginia Beach City Council and are onjile in the Planning Department. 3. The applicant shall remove existing accessory structures located on the site per the Department of Housing and Neighborhood Preservation / Code Enforcement. Any future new accessory structures shall be reviewed by the Department of Planning / Zoning Office to insure setback requirements are met. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 9, 2009 II II II 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 STRUCTURE ON PROPERTY LOCATED AT 4 844 DWYER ROAD 5 6 WHEREAS, TPK Investments Corporation (hereinafter the "Applicant") has made 7 application to the City Council for authorization to enlarge a nonconforming structure by 8 making additions to a single-family dwelling that is nonconforming as to setbacks on a 9 lot or parcel of land having the address of 844 Dwyer Road, in the AG-2 Agricultural 10 Zoning District; 11 12 WHEREAS, the said structure is nonconforming, as the dwelling does not meet 13 the setback requirements for the AG-2 Agricultural Zoning District and was constructed 14 prior to the adoption of the applicable regulations; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 17 enlargement of a nonconforming structure is unlawful in the absence of a resolution of 18 the City Council authorizing such action upon a finding that the proposed structure, as 19 enlarged, will be equally appropriate or more appropriate to the zoning district than is 20 the existing structure; 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 structure, as enlarged, will 26 be equally appropriate to the district as is the existing structure. 27 28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 29 BEACH, VIRGINIA: 30 31 That the enlargement of the nonconforming structure is hereby authorized, upon 32 the following conditions: 33 34 1. The proposed addition shall be constructed substantially in accordance 35 with the submitted site plan Entitled "Exhibit Showing Proposed Addition 36 Lot 5, #844 Dwyer Road as shown on Plat Combining Lots 1, 2, 3, 4 & 5 37 belonging to Archie R. & Florence L. Fulford," dated February 15, 2009 38 and prepared by Michael Rheinhart Land Surveyor. Said plan has been 39 exhibited to the City of Virginia Beach City Council and is on file in the 40 Planning Department. 41 42 2. The proposed addition shall be constructed substantially in accordance 43 with the submitted elevation plans entitled "Va. Beach Housing Diamond 44 Custom Homes Sheet 1.1," dated January 26, 2009 and prepared by 45 Boathouse Creek Graphics, Inc. Said plans have been exhibited to the II 1III 46 City of Virginia Beach City Council and are on file in the Planning 47 Department. 48 49 3. The applicant shall remove existing accessory structures located on the 50 site per the Department of Housing and Neighborhood Preservation/Code 51 Enforcement. Any future new accessory structures shall be reviewed by 52 the Department of Planning/Zoning Office to insure setback requirements 53 are met. 54 55 56 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day 57 of June , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I / City Attorney's Office CA11147 R-1 May 26, 2009 II II II June 9, 2009 City Council Meeting APPLICANT: TPK INVESTMENTS CORPORA TION PROPERTY OWNER: CLINT USONIS STAFF PLANNER: Karen Prochilo REQUEST: Alteration and Enlarqement to a Nonconforminq Structure ADDRESS I DESCRIPTION: 844 Dwyer Road. GPIN: 24158422880000 ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 18,967 square feet AICUZ: 70 - 75 dB DNL surrounding Oceana SUMMARY OF REQUEST The applicant desires to make alterations to a one-story single- family dwelling built in 1945. As the structure was built in 1945 on Agriculturally zoned land, the setbacks are nonconforming since they do not meet the current required setbacks for the AG-2 Agricultural District. The applicant proposes to add a covered front porch along a portion of the front of the home and a two- story addition to the rear. The alterations and addition are required to meet yard setbacks; however, in this case, the existing structure is already within the required setbacks (see table below). Meeting the setbacks is not possible. Since the setback is nonconforming, City Council approval is needed to allow construction to proceed. In March of 2009 the existing structure was cited by the Department of Housing and Neighborhood as unsafe or unfit for habitation and the use or occupancy was prohibited. The applicant, who is the new property owner, proposes the renovations as part of an overall plan to bring the structure into compliance TPK INVESTMENTS CORPORATION June 9, 2009 City Council Meeting Page 1 II II II with the Building and Housing Codes. The alterations proposed are consistent in design with the traditional style homes in the neighborhood. Current Requirement Current Building Minimum Lot Area 1 acre 0.44 acre Minimum Lot Width 150 feet 100.0 feet Front Yard Setback 50 feet 30.5 feet Side Yard Setback 20 feet 17. 1 feet LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND USE AND ZONING: North: South: East: . Single-family dwellings / AG-2 Agricultural District . Single-family dwellings / AG-2 Agricultural District . Across Dwyer Road, single-family dwellings / R-7.5 Residential District . Ocean Lakes Elementary School / R-7.5 Residential District West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features associated with the site. IMPACT ON CITY SERVICES City services are not impacted by the request. HOUSING AND NEIGHBORHOOD PRESERVATION CODE ENFORCEMENT: The property is currently placarded as unsafe due to the main structure being vacant and open to the public in the past. The main structure, numerous accessory structures, and the fencing are in disrepair. The site has been cited in the past for inoperable vehicles and accumulation of junk and debris. Most of the accessory structures need to be removed because of their current state of disrepair. This proposal would benefit the neighborhood and lower the chance for the constant necessity of Code Enforcement action on the property. EVALUATION AND RECOMMENDATION Staff recommends approval of the request of an enlargement to the residential structure subject to the conditions below. TPK INVESTMENTS CORPORATION June 9, 2009 City Council Meeting Page 2 II 1II1 This residential structure was built in 1945. The setbacks for the existing structure are 30.5 feet from the front property line and 17.1 feet from a side property line, which do not meet our current requirements of the City Zoning Ordinance for structures in the AG-2 Agricultural District. This residential structure is therefore, nonconforming in regard to setbacks. The applicant desires to add a covered front porch and a two-story addition to the rear. Since the setbacks are nonconforming, City Council approval is necessary before the applicant can proceed with the proposal. Staff concludes that the proposed enlargement is reasonable, will have a minimal impact, and will be as appropriate to the existing residential neighborhood as the existing non-conforming use. The design of the proposed addition and porch blends in with the existing structure, and the residential use will remain the same. The request, therefore, is acceptable as submitted, subject to the conditions below. Staff recommends approval of this request. CONDITIONS 1. The proposed addition shall be constructed substantially in accordance with the submitted site plan entitled "Exhibit Showing Proposed Addition Lot 5, #844 Dwyer Road as shown on Plat Combining Lots 1, 2, 3, 4 & 5 Belonging to Archie R. & Florence L. Fulford", dated 02 - 15 - 09 and prepared by Michael Rheinhart Land Surveyor. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The proposed addition shall be constructed substantially in accordance with the submitted elevation plans entitled "Va. Beach House Diamond Custom Homes Sheet 1.1", dated 1 /26/09 and prepared by Boathouse Creek Graphics, Inc. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 3. The applicant shall remove existing accessory structures located on the site per the Department of Housing and Neighborhood Preservation / Code Enforcement. Any future new accessory structures shall be reviewed by the Department of Planning / Zoning Office to insure setback requirements are met. 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. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. TPK INVESTMENTS CORPORATION June 9, 2009 City Council Meeting Page 3 II 11I1 AERIAL OF SITE LOCATION TPK INVESTMENTS CORPORATION June 9, 2009 City Council Meeting Page 4 4 --- Old Dam Neck Road -~ 11I1 ,0. /t} fl." './ ~~~5~'30'44"~ ~ .". . '"" ~ - ?~.90 ' t'- "'-,' . '" ' '.. '- _{4.82.' ~ (F"ief.J) ~""" ~ \2', :::::'.,~ '-..~(Pfot) . '" " '-.." ''-. """,, "t:--- "'- "\. "'-., ", '" " 2'". -"'1"'---. "" PARCEL 'A' IS SilLL LU,Sr,' D, '" "" , ~'" '-.. '-'_ '",- ", '.. "', " I J ,-",..", '-..):(; ~ .... ", "', "'" ".~'-.. ", l'l --~ '... ", "". '-. ", " ~ -.' " ',', '.' 'I I "'--..., ......\..... ....,. ", "'''''... '-'" .'..,.,'.. "~ ::i<: ......6. Wood .::' --";'~--..~ "'. ""'1), Tr""/~"" Fence 0 ~ _~\"" !: -....:;~.--... ' .4' Chain .Un::-- ". ~. '"',"' 0.3 0". ') , I I I.. (0: ,r-- I "<r f--- 1'- I 'w f;~;,~ : ~~ I tJ.:. I ~ \ ~II ~ ~ ~-'--X-l. I ! i i 1_' -' ! ! . I t fl'-'-'-~1 "" I lO ! PROPOSED g j FRONT PORCH I ,~0 ___~_,......."""__<__.._.."".,."___i........,....__&,.....,.,,,,.._~~ S4Z25'\V 29.96' 6 ..........,-........ ......-.. -....---. L.f) OJ '-f ID ~ t t PROPOSED ADDITION :~ "'~";'?i:;--.>,:"i":~<7~'> (/ Dwyer Road (40') (Formerly State Highway No 694) PROPOSED SITE PLAN TPK INVESTMENTS CORPORATION June 9, 2009 City Council Meeting Page 5 Ii 11I1 PHOTOGRAPH OF EXISTING DWELLING TPK INVESTMENTS CORPORATION June 9, 2009 City Council Meeting Page 6 i I I I t, i~ in :1 .-' I ~(' ! ilf n .-' .-' i ro c:J D1 ,0 c::::J D i I I -< i iU ' " I . i I !EfI€i~( !t~l I ~U 11T(1 (' dl .-' II (' dl .-' i i IIIIII1 i , I ~ ~ i____ '~I.l~:IJ I I Ii Z' o ~ ~ ~ ~ . i ...J Rl . ~' .... ~ z ~....,~ , , ~ I ~...-Hi~_..... . I I I ( , i I I it" i tli : .-' ! I I I I: II II 1III ~. ;: ~: n. ~ Z Z' o ~. ~. l- I . ~ . rt ~ z PROPOSED BUILDING ELEVATIONS Z' ~ Q : I- ~ ~. i ...J DJo l- n.' w ...J . 5 z t" dl ./ ' .-' ill 00" '.-' I I i" i .(,\ ' , l-.' nn I I I i i TPK INVESTMENTS CORPORATION June 9, 2009 City Council Meeting Page 7 >. ; " ~ t .-.~;...-. \~\\ ~\ I .lL !: ~- \ '~ ~'-.[ - '~ " ~, "\\ \..... . l . . l ~ ~ . . 1\" Z! ... l il~ ~ ~~~ t ~\~ \ fji a. . 1 , ~. 1\.-. I- ~. I\.- ~ Z ~ it . ,t ~ ~ a.. ~ n \\ 1\, ~, ~ ~ .' it r~., II.- i \":\1 r ~ z 1 t . ~ 1 , \ . t o 1 PROPOSED FLOOR PLANS TPK INVESTMENTS CORPORATION June 9, 2009 City Council Meeting Page 8 I I 1 P l{ { )\ t" In i (~!\.C'~ rlp:~.jt"~:'~~' s~ } l:' Hi!' 1 2 3 11/18/97 12/16/85 12/16/85 Granted Granted Granted ZONING HISTORY TPK INVESTMENTS CORPORATION June 9,2009 City Council Meeting Page 9 z o t I ~ U I I a-::I ~ ~ ~ CI) p ~ Z I I ~ o ~ Z o u . Z o Z 1II1 ~~~~~SURE=ST~~~ME~T __'~C~~","',~,...,.'~",_..,~,.._.." J\ 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 ((1l1ac/lllst If necessary) .. 2 List all businesses that have a parent-subSidiary' or affiliated buslfless entity-' relationship With the applicant (Allach/lst ,I' necessary) o Ci1eck ilere If the applicant IS NOT a corporation partnership firm. business or oHler unincorporated organization PROPERTY OWNER DISCLOSURE Complete tlus section on/v If property owner IS different from applicant If the property owner IS a corporation partnership firm busmess or other unincorporated organization complete the following 1 List the property owner name followed by the names of all officers, members trustees partners etc t)elow (Attaclllist If necessary) ~t "~__ .... _._ 2 List all bUSinesses that have a parent subsidiary' or affiliated bUSiness entity' relationship With the applicant (Attacll list if' necessary) o Check tlere If the property owner IS NOT a corporalion partnership firm buslf1ess or oHler unincorporated organization & See n"xl f'J,'lge fm fnotnn,es Does an offiCial or employee of the City of Virginia Beach have an Interest In the subject land? Yes No If yes wh;;jf IS ttlP namp of thp offlr.1;;jI or pmployee ;;jnrj the natllrp of thplr Intef'::>"!? ~'~(1~ 'Ir,t<;fn~ln'l: i',i' 1\1>1"11'(,<111"1' p,;~(: f~ :It,~ ~~ . ,v,.".,.l {' TPK INVESTMENTS CORPORATION June 9, 2009 City Council Meeting Page 10 rrnsCLOSURE ST A TE~~~~.~c.=..J ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use including but not limited to the providers of architectural services real estate services financial services accounting services and legal services iAltach list If necessary) _.._ ~_.J.-"":""__.k~___~_~_ --~-. .-..-~\-.. ~.- Parent Subsidiary relalionshlp' means a relationship that eXists when one corporalion directly or mdirectly owns shares possessing more than fiO pelcent of the votlf1g powel of another cotporatlon Sec' State and LocHI Government Conflict of Interests Act. Va Code ~ 2 2,3101 'Affiliated bUSiness enlity relationship llleans'8 relationship other than parent- subSidiary relationship. that eXists when (I) one huslness entity has a controlling ownerslllp mterest III the other busll1ess entity (II) a controlling owner If1 one entity IS also a controllll1g owner In the other entity or (III) there IS shared management or control between the bUSiness entitles Faclors that should be conSidered In determining the eXlsti;r'/ce of <in affiliated buslf1'~ss enlity relationship melude that the sallie person or substantially the same person own Of manage the two entllies there are common or commingled funds or assets the bllslfless entities share the use of the same otflces Of employees Ot otherwise share actlvllles resources or personnel on a regular baSIS, 01 there IS otherwise a close workmg relatIOnship between the entitles" See State and local Gnv81fllllent Conflict of Interests Act. Va Code S 22-3101 CERTIFICA TION: I certify that the Intormalion contained herein IS true and accurate I understand that upon receipt of notlfir:atlon ipostcard) that the application has been scheduled fOI public heanng I am responsible for obtaining and posting the reqlllred Sign on the subject propelly at least 30 days pnor to the scheduled public Ileanng according to the Instructions In tillS package The underSigned also consents to entry upon Ule subject property by employees of the Department of Planning to photograph,fllld vle',1I the 51 Ie fOI purposes of pfOcesslll(j and eV>llu>ltIr19 fh,s application I",' ,I / . II,' -~-~._~- -'-- ~~ _.~ !\pp:lcant s Signature Pnnt Name Properly Uwner S Sl91ldtwe !if drfferent Hlan dppllcantl Pnnt Name N(i!i';<'~JnL; !~I!("',J \)!",~' /~l.J~!l',:al!Lrl Pdqe r.J 1lf (,i W'-""".f',.j " i;I'" II II z o I I !< u I I ~ ~ ~ ~ r:I:} p c;.:, Z II I .~ 10 ~ Z o u . Z o Z DISCLOSURE STATEMENT TPK INVESTMENTS CORPORATION June 9, 2009 City Council Meeting Page 11 II II II - 31 - Item v'K.3. PLANNING ITEM # 58917 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of the MEMBERS TRUST CREDIT UNION for a Modification of Conditions. City Council MODIFIED DEED RESTRICTIONS 1/2/3/4 re a two-story Credit Union, offices and a small restaurant at Holland Road and South Independence Boulevard (approved by the City Council on September 22, 1998), ORDINANCE UPON APPLICATION OF MEMBERS TRUST CREDIT UNION, FOR A MODIFICATION OF CONDITIONS AND DEED RESTRICTIONS 1/2/3/4 RE A lWO-STORY CREDIT UNION, OFFICES AND A SMALL RESTAURANT AT HOLLAND ROAD AND SOUTH INDEPENDENCE BOULEVARD (APPROVED BY THE CITY COUNCIL ON SEPTEMBER 22, 1998), ATTACHED TO A CHANGE OF ZONING APPROVED BY THE CITY COUNCIL ON SEPTEMBER 22, 1998 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA Ordinance upon application of MEMBERS TRUST CREDIT UNION, for a Modification of Conditions and DEED RESTRICTIONS 1/2/3/4 re a two-story Credit Union, offices and a small restaurant at Holland Road and South Independence Boulevard (approved by the City Council on September 22, 1998), attached to a Change of Zoning approved by the City Council on September 22, 1998 (GPIN 14767884450004). ROSE HALL DISTRICT The following conditions shall be required: 1. An Agreement encompassing modified proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 9, 2009 , I' CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7401 DATE: May 27,2009 FROM: Mark D. Stiles \\.\ B. Kay Wilson~ DEPT: City Attorney TO: DEPT: City Attorney RE: Amendment to Recorded Conditions and Restrictions The above-referenced amendment is scheduled to be heard by the City Council on June 9, 2009. I have reviewed the subject agreement, dated April 21, 2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen , I Prepared By and After Recording, return to: Kaufman & Canoles P.O. Box 3037 Norfolk, VA 23514-3037 AMENDMENT TO RECORDED CONDITIONS AND RESTRICTIONS THIS AMENDMENT TO RECORDED CONDITIONS AND RESTRICTIONS (this "Amendment") is made as of the 21st day of April, 2009, by and between LAKE VIEW LAND, L.L.C., a Virginia limited liability company (the "Seller); MEMBERSTRUST CREDIT UNION, a Virginia corporation (the "Purchaser"); CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"); LAKEVIEW CORPORATE PARK CONDOMINIUM ASSOCIATION (the "Association"); and MICHELS FAMILY LLC, a Virginia limited liability company (the "Declarant-Owner"). Each of the. parties to this Amendment shall be indexed as both "Grantor" and "Grantee". RECIT ALS A. The Seller and Declarant-Owner are the sole owners of the land condominium units and common elements comprising Lakeview Corporate Park Land Condominium (the "Condominium"), located in Virginia Beach, Virginia, and identified in Exhibit A attached hereto and incorporated herein by this reference (collectively, the "Property"). Association is the owners association created to operate, manage and oversee the Condominium. Purchaser is the contract purchaser of the land condominium unit known as "Unit 3B", which unit comprises a part of the Condominium and is currently owned by Seller. GPIN No.: 1476-78-8445-0000 1476-78-8445-0001 (Unit I) 1476-78-8445-0002 (Unit 2A) 1476-78-8445-0003 (Unit 2B) 1476-78-8445-0004 (Unit 3B) 1476-78-8445-0005 (Unit 3A) B. The Property is subject to conditions and restrictions (the "Conditions and Restrictions") set forth in that certain Deed by and between Authority, as grantor, and Dec1arant- Owner, as grantee, and recorded among the land records of the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office"), in Deed Book 4023, at page 183 (the "Deed"). C. The Conditions and Restrictions limit the Purchaser's intended use and development of Unit 3B , and Purchaser, in order to proceed with its acquisition of Unit 3B, requires that the Conditions and Restrictions be amended to permit its intended use and development, and the parties, all of whom are either burdened by or benefit from the Conditions and Restrictions, and all of whom will benefit from the Purchaser's proposed amendments, have agreed to enter into and record an amendment to the Conditions and Restrictions, as set forth herein. D. The amendment of the Conditions and Restrictions, as set forth herein, were reviewed and approved by (i) Authority at its meetings held on March 17,2009, and April 21, 2009, (ii) the City of Virginia Beach Planning Commission at its meeting held on , 2009, and (iii) the City Council for the City of Virginia Beach at its meeting held on ,2009, as required by the terms ofthe Conditions and Restrictions. NOW, THEREFORE, for and in consideration ofTen and 00/00 Dollars ($10.00), cash in hand paid, the foregoing premises, the mutual covenants and conditions herein set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows: 1. The recitals set forth above are incorporated herein by this reference. 2. All capitalized terms used herein and not otherwise defined shall have the 2 meanings set forth in the Conditions and Restrictions. 3. The Conditions and Restrictions are hereby amended as follows: A. The term "Property" as used in the Conditions and Restrictions shall mean the real property described in Exhibit A attached to this Amendment. B. Section 1 of the Conditions and Restrictions is hereby deleted m its entirety and replaced as follows: "Only the following uses permitted under the present 1-1 (Light Industrial) zoning classification for the City of Virginia Beach, Virginia shall be permitted on the Property: business, medical, financial, non- profit, professional and similar office buildings; eating and drinking establishments (without drive-through windows); printing, lithographic or publishing establishments; office, distribution, warehousing, and production studios and accessory uses. Additionally, the following uses shall be permitted on Unit 3-B: a full-service financial institution with drive-throughs and A TMs." C. Section 2 of the Conditions and Restrictions is hereby deleted in its entirety and replaced as follows: "When the Property is developed, it shall be developed substantially as shown on the conceptual site plan entitled, "INDEPENDENCE CORPORATE PARK, VIRGINIA BEACH, VIRGINIA", last revised February 27, 2009, prepared by CMSS Architects, P.c. (the 'Site Plan'), which has been exhibited to the City Council for the City of Virginia Beach, Virginia (the 'City Council') and is on file with the Virginia Beach Department of Planning (the 'Planning Department'). It is recognized that with a development of this size, to be built in phases, there needs to be flexibility in the exact location of buildings, landscaping and other features. It is not the intent of 3 , I this provision to prohibit changes so long as, in the reasonable opinion of the Director of the Planning Department (the 'Planning Director'), the concept of the development is acceptable and the impact of the development on adjoining neighborhoods, streets and other features is not adversely affected." D. Section 3 of the Conditions and Restrictions is hereby amended to add the following: "The buildings depicted on the preliminary site plan for Unit 3B shall have the general architectural design and appearance as depicted on the color rendering dated February 27, 2009 (the 'Rendering'), which has been exhibited to City Council and is on file with the Planning Department." E. Section 4 of the Conditions and Restrictions is hereby deleted in its entirety and replaced as follows: "The primary building materials used to construct all visible exterior surfaces of all buildings located on the Property shall be glass, granite, precast and poured in place concrete, brick and quality architectural metal panels, with metal or slate type roofing (other than asphalt shingles) permitted on any towers. Notwithstanding the preceding sentence, the use of architectural metal panels is subject to approval by the Authority." 4. Sections A, B, C, D and E of the Conditions and Restrictions set forth on pages 8 through 14 of the Deed are hereby deleted. 5. Each of the parties to this Amendment represents and warrants that it has fill power and authority to execute and deliver this Amendment and that any necessary consents or approvals in connection therewith have been obtained. 4 6. This Amendment may be executed in one or more counterparts and all such executed counterparts shall contain one agreement, binding on all the parties hereto, notwithstanding that all the parties are not signatories to the original or the same counterpart. 7. This Amendment shall be recorded in the Clerk's Office within sixty (60) days after the date set forth above in Recital D for the City Council meeting at which the foregoing amendments of the Conditions and Restrictions were approved and shall be effective upon its recordation in the Clerk's Office. [The remainder of this page left blank intentionally.] 5 " II WITNESS the following signatures and seals: LAKE VIEW LA~, L.L.C., a Virginia limited lia ility company ( \' \ \ By:' .,'_....-'"_--... ..~-^~. Name: ~thony P. Nero Title: Manager [SEAL] COMMONWEAL TH OF VIRGINIA AT LARGE ,.-It The foreg i ~ strument was acknowledged before me in Virginia Beach, Virginia, this ~ day of ,2009, by Anthony P. Nero, as the Manager of Lake View Land, L.L.C., a Virginia limited liability compan , on its behalf. He [!1' s personally known to me or 0 has produced as idenf 1 ti . ~,\,\\"'III""" ~..,\\\ x\ ROSS ,'~"'#. $'.n..l" ......... Y/.","~ "O~" . ". ...~ ~ S' ..... NOTARY ....p......\. :: I.ij .. SEAL " \~ ~ !o:" \~= = : REG. # 221082: i :: . . <- [AFFIX:: ~ V COMM, EXP. ,.: ~ i '" .J1O/31/2012....~ i ~ .... ..,---~-~ "oil': .......... ~"" ~... "'''''" AlTH 0 ,..,........ ",,_.( ~ ';~ U\,\\\ Notary Public My commission expires: ~ 'l (, ;Jf),;) Registration No. c9~lOr~ [Signatures and notary attestations continue on page immediately following. The remainder' of this page left blank intentionally.] 6 COMMONWEALTH OF VIRGINIA AT LARGE The foregoing instrument was acknowledged before me in /IIt/ltF,L./L- , Virginia, this ~ day of Prp'll ( , 2009, by MI~G-L, :T. 6,I.I.ID4, as the pea. lOWiT I t,€v of membersTrust Credit Union, a Virginia corporation, on its behalf. He/She lXI is personally known to me or 0 has produced as identification. My commission expires: '3/~,JJ{) Registration No. ~ u 1r1 p [Signatures and notary attestations continue on page immediately followi . this page left blank intentionally.] 7 THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia At~~ s~et8fY-:, Approved ~t~;>llal SUffiSieJy, -~-~- - -q .... /'" ,/>~/ / /,,/ / "1/ C' /' " .. By: - -')c' II), ~ [SEAL] Name: '3)0 ~ - 'Se." ,",~ Title: Chairman/Vice Chainmm - '~ City Attorney COMMONWEALTH OF VIRGINIA AT LARGE The foregoing instrument was acknowledged before me in ~\" . a. r-h, Virginia, this ?.. \LJ:! day of \\ ~\. '\ ., 2009, by' ....\ . \" as the ~"c of t e City of Virgmia Beach Development Authority, political subdivision of the Commonwealth of Virginia. HeLSfle ~ersonal1y known to me or 0 has produced as identification. ,...n...."" -<. ~ ~ 1_\_, ...", \,EA S '" '" ~~S'A/... 'v ~ A ~ ........~\...R:,....~~..:'-... N P bl' ... .~p' I pu..'~. otary U IC !.::; /0 ~........ ~ .. . a "L [' rv c"':i~- T 1 My <:. · Jl' - My commISSIon explTes:-\- -:70- 1....0'\. '\ AFF!^ ~~M ("): z : . . N .., f""\ 1- 1.... "l " - (') · ISSION.- RegtstratIon o. t,J '..J ;J c..-" : ~ \ NUMBER ; ~ = -: ~.. 273321 .: ~ = ~ v... .. r"$ ~ .. ~;~.. .0 n,'V .. -,.. .- r~ ........ ~~ ," COMMONWEALTH OF VIRGINIA "III '.4L TH Ot "...,,, I~........." AT LARGE The foregoing instrument was acknowledged before me in~'<~~<..h, Virginia, this 7- \~ day of ~~" \ , 2009, by'\<.rt''->6.\.A. '_~" as the Secretary/As8~SecretM'Y of t e City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia. -HefShe G}--tSpersonally known to 11l&1ed'~'~I' produced as identification. ..,.';,..,.. :........~~...:'''..... "~ ~v .0. ~'l'Y p(/o.'1" ~ ~ ",. ~ ..0-<' ~ .. ~ - , (=-r~ \.~~~ r'>- '0>.\--. Q D ~r~! <. MY ~(,\ -z. \ . . , . COMMlo::iIUN. - Notary PublIc :! ~1 NUMBER 1:ct' : My commission expires: C\_ '~o- -1-0 \ \ [AFF~,~~L~73321 ./ii Registration No. L-~ 'S ''1;J"1- " 4......-;< 011A:c....O...~~~ ,.:' "'1l';;~Al TH Q "..,.. 'ii, u"u"'" [Signatures and notary attestations continue on page immediately following. The remainaer of this page left blank intentionally.] 8 LAKEVIEW CORPORATE PARK CONDOMINIUM ASSOCIATION, an unin~orporat, a,so,iation ( . ~ \ I By: '. \ -_ [SEAL] Name: Anthonfp. Nero Title: President COMMONWEALTH OF VIRGINIA AT LARGE JJ-:lt The fore ing instrument was acknowledged before me in Virginia Beach, Virginia, this ~ day of' ,2009, by Anthony P. Nero, as the President of Lakeview ~rporation Park ondominium Association, an unincorporated association, on its behalf. He Ii.J is personally known to me or D has produ e as id tification. ~.\."\\mm'l#",, ~.;....\ ~oss v~ .,. ,. ~ . ....... ~o.""- I ~......~,.j:a.~:{ ......~\ . .... . .~ ~ ~ otary PUblt~~LU ~ ~~f:~.:p.) !J " ....~\~1'3~I'~O~2 ....R.I ~ .... ",~"",-, ""'" MA~:':':'A";~ u"~...,,,# "~. "VE \- ~\\~ """'I\"''''\~ [Signatures and notary attestations continue on page immediately following. The remainder of this page left blank intentionally.] My commission expires: ~ RegIstratIOn No. ~~ 9 II II II COMMONWEAL TH OF VIRGINIA AT LARGE The foregoing instrument was acknowledged before me in ~ltZ'rI,tJVc 'g EAe fl , Virginia, this 20'('\1 day of ~'?e\ L... , 2009, by ~L ].A ,tl-tEl-S , as the ~tJA(.,'AJn M~~ of Michels Family LLC, a Virginia limited liability company, on its behalf. He/She G3"is personally known to me or D has produced as identification. ~ ~~~ ~ My commission expires: 1\ '0 \\ 2,01 'Z. [AFFIX SEAL] Registration No. 1 z. 0 4. \ D z.. \\\\"U"""" ,!\",,\\ ,,\COt,. II'"...". ~ ~ ~(. ~ ~...~., '. ~~ ;: ,""',.C ". ill! ~.f!j...~. ~~ ~ ... . .' ~ ... . ~ .- :: . :....~~ 1lIQ: = - .. ~.. 'Q - i ~. ..,..............- j '" ~ .-. ~ ~.......... .... ~ '..q.. ,....... ,: $ ~~....~...... ~ ~ ........ ~ ~" 1lII_}C '!.,,,, '1'" r._ \"", 11"111111\1\\\\ 10 II II II EXHIBIT A Description of the Property ALL THOSE certain condominium units known as "UNIT 1 AREA = 198,112 SF OR 4.548 AC GPIN: 1476-78-8445-0001", "UNIT 2A AREA = 106,768 SF OR 2.451 AC GPIN: 1476-78-8445-0002", "UNIT 2B AREA = 35,907 SF OR 0.824 AC GPIN: 1476-78-8445-0003", "UNIT 3A AREA = 293,697 SF OR 6.742 AC GPIN: 1476-78-8445-0005", and "UNIT 3B AREA = 71,376 SF OR 1.639 AC GPIN: 1476-78-8445-0004" in the Lakeview Corporate Park Condominium, located in the City of Virginia Beach, Virginia, and as further designated and described in that certain declaration entitled "DECLARATION OF CONDOMINIUM OF LAKEVIEW CORPORATE PARK CONDOMINIUM," dated August 23, 2000, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4286, at page 1226 (the "Declaration") together with the applicable undivided interests in the common elements appurtenant to each of the above Units, all as more particularly described and allocated in the Declaration as amended from time to time. 1451825\4 4147\OIO\Amendment to Recorded Conditions and Restrictions-clean 04-02-09 11 i I I II - 32 - Item v'K.4. PLANNING ITEM # 58918 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of HEARTS 4 KIDS CHILDCARE for a Conditional Use Permit re Daycare at 3569 Marvell Road: ORDINANCE UPON APPLICATION OF HEARTS 4 KIDS CHILDCARE FOR A CONDITIONAL USE PERMIT RE HOME DAYCARE AT 3569 MARVELL ROAD R060935346 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HEARTS 4 KIDS CHILDCARE for a Conditional Use Permit re Home Daycare at 3569 Marvell Road (GPIN #14864241770000) DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. The home Daycare shall be limited to a total of eight (8) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 6:00 A.M. to 6:00 P.M 3. No more than one (1) person, other than the applicant, shall be employed by the home Daycare. 4. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area. The fence shall meet the requirements of the Virginia Department of Social Services. 5. No signs advertising the home Daycare shall be permitted on the lot or any structure on the lot at any time. 6. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for home Daycare use. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth of June, Two Thousand Nine June 9, 2009 - 33 - Item v'K.4. PLANNING ITEM # 58918 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None II III I June 9, 2009 II III - 34 - Item V.K.5. PLANNING ITEM # 58919 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of EASTERN ACADEMY OF MIXED MARTIAL ARTS, INC. for a Conditional Use Permit re an indoor recreational facility (Martial Arts) at 3900 Bonney Road, Suite 213. ORDINANCE UPON APPLICATION OF EASTERN ACADEMY OF MIXED MARTIAL ARTS, INC. FOR A CONDITIONAL USE PERMIT RE AN INDOOR RECREATIONAL FACILITY (MARTIAL ARTS) AT 3900 BONNEY ROAD, SUITE 213 R060935347 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of EASTERN ACADEMY OF MIXED MARTIAL ARTS, INC. for a Conditional Use Permit re an indoor recreational facility (Martial Arts) at 3900 Bonney Road, Suite 213. (GPIN: 14872349760000) DISTRICT 5 - LYNNHA VEN The following conditions shall be required: 1. The applicant shall obtain any necessary parking variances from the Board of Zoning Appeals. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach. Virginia, on the Ninth of June, Two Thousand Nine Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 9, 2009 II II II - 35 - Item V.K.6. PLANNING ITEM # 58920 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of HYBRID ACADEMY OF MARTIAL ARTS for a Conditional Use Permit, re an indoor recreational facility (Martial Arts), at 3636 Virginia Beach Boulevard, Suite 115: ORDINANCE UPON APPLICATION OF HYBRID ACADEMY OF MARTIAL ARTS, CONDITIONAL USE PERMIT. INDOOR RECREATIONAL FACILITY (MARTIAL ARTS), 3636 VIRGINIA BEACH BOULEVARD, SUITE 115 R060935348 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HYBRID ACADEMY OF MARTIAL ARTS, Conditional Use Permit, indoor recreational facility (Martial Arts), 3636 Virginia Beach Boulevard, Suite 115. (GP IN: 1487597080000) DISTRICT 5 - LYNNHAVEN The following conditions shall be required: 1. The applicant shall obtain any necessary variances for parkingfrom the Board of Zoning appeals. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth of June, Two Thousand Nine June 9, 2009 II I II - 36 - Item V,X 6. PLANNING ITEM # 58920 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Vice Mayor Jones DISCLOSED re HYBRID ACADEMY OF MARTIAL ARTS Conditional Use Permit for an indoor recreational facility at 3636 Virginia Beach Boulevard, Suite 115. Vice Mayor Jones owns property next to this application; however, the City Attorney has advised Vice Mayor Jones may vote as he does not have an economic interest. June 9, 2009 II I II - 37 - Item v,K. 7. PLANNING ITEM # 58921 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of July 7, 2009, an Ordinance upon application of PUNGO AIRFIELD, LLC for a Conditional Use Permit, re a recreational facility of an outdoor nature (car racing, paintball) and a mulch facility at 1848 Princess Anne Road ORDINANCE UPON APPLICATION OF PUNGO AIRFIELD, LLC FOR A CONDITIONAL USE PERMIT, RE A RECREATIONAL FACILITY OF AN OUTDOOR NATURE (CAR RACING, PAINTBALL) AND A MULCH FACILITY AT 1848 PRINCESS ANNE ROAD Ordinance upon application of PUNGO AIRFIELD, LLC for a Conditional Use Permit, re a recreational facility of an outdoor nature (car racing, paintball) and a mulch facility at 1848 Princess Anne Road (GPIN:24131421160000;24131540580000) DISTRICT 7 - PRINCESS ANNE Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 9, 2009 II I II - 38 - Item V.K.8. PLANNING ITEM # 58922 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of MANNY VARELA, CENTRES BFS NORTHEAST, LLC for a Conditional Use Permit re small engine repair at 1531 General Booth Boulevard: ORDINANCE UPON APPLICATION OF MANNY VARELA, CENTRES BFS NORTHEAST, LLC FOR A CONDITIONAL USE PERMIT RE SMALL ENGINE REPAIR AT 1531 GENERAL BOOTH BOULEVARD R060935349 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MANNY VARELA, CENTRES BFS NORTHEAST, LLC for a Conditional Use Permit re small engine repair at 1531 General Booth Boulevard (GPIN: 24155621610000) DISTRICT 6 - BEACH The following conditions shall be required: 1. The site shall be developed in substantial accordance with the Site Plan entitled "Proposed Firestone Tire Center Virginia Beach, Virginia," dated 9/22/08 and prepared by Wolverton & Associates. A copy of this Site plan has been exhibited to City Council and is onfile in the Planning Department. 2. The landscape shall be developed in substantial accordance with the landscape plan entitled "Proposed Firestone Tire Center Virginia Beach, Virginia," dated 9/22/08 and prepared by David Albright & Associates, Inc. A copy of this Landscape Plan has been exhibited to City Council and is on file in the Planning Department. 3. The building shall be developed in substantial accordance with the architectural elevations entitled "NEW FCAC STORE "ER2007" RIGHT HAND GENERAL BOOTH VIRGINIA BEACH, VA" and prepared by Kent D. Hamilton, A.I.A. A copy of the elevations has been exhibited to City Council and is on file in the Planning Department. 4. No outdoor vending machines, ice boxes or display of merchandise shall be allowed. 5. No signage in excess of a total of four (4) square feet of the entire glass area of the exterior wall, nor any neon signs or accents, shall be permitted in or on the windows and/or doors of the building. 6. All rooftop equipment, such as heating, ventilation and air conditioning units, shall be concealed from typical street level view. All ground level building mechanical equipment shall be screened in accordance with Section 245 (e) of the Zoning Ordinance. 7. The trash enclosure shall be screened with a solid wall to match the main building and shall include evergreen shrubs having good screening capabilities. no less than three (3) feet in height at the time of planting, spaced in accordance with the City's Landscaping, Screening and Buffering Specifications and Standards, and maintained at all times in good condition at a minimum height not lower than the wall. June 9, 2009 II I II - 39 - Item v'K.8. PLANNING ITEM # 58922 (Continued) 8. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America (IESNA). A photometric Lighting Plan, indicating the number and types of lighting, will be submitted as part of the formal Site Plan submissionfor review by the Police Department to determine consistency with Crime Prevention through Environmental Design (CPTED) principles and practices. All lighting shall be directed inward and downward within the site so as to eliminate glare onto adjacent properties and rights-ofways. 9. No outdoor storage of auto parts or tires is permitted. All work must be performed within the building. 10. There shall be no vehicles in an obvious state of disrepair located on the site. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth of June, Two Thousand Nine Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 9, 2009 II II II - 40- Item V.K.9. PLANNING ITEM # 58923 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED to the City Council Session of July 14, 2009, Ordinance upon application of ENDEA VOR ENTERPRISES, LLC for a Change of Zoning District Classification. from AG-1 and AG-2 Agricultural Districts to Conditional B-1A Limited Business District and P-1 Preservation District at Holland Road and Chestnut Oak Way: ORDINANCE UPON APPLICATION OF ENDEA VOR ENTERPRISES, LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION. FROM AG-1 AND AG-2 AGRICULTURAL DISTRICTS TO CONDITIONAL B-1A LIMITED BUSINESS DISTRICT AND P-1 PRESERVATION DISTRICT AT HOLLAND ROAD AND CHESTNUT OAK WAY: Ordinance upon application of ENDEA VOR ENTERPRISES, LLC for a Change of Zoninfl District Classification, from AG-1 and AG-2 Agricultural Districts to Conditional B-1A Limited Business District and P-1 Preservation District at Holland Road and Chestnut Oak Way DISTRICT 7 - PRINCESS ANNE Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms. Jr., John E. Uhrin, Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 9,2009 i I 1I11 - 41 - Item v,L.1. APPOINTMENTS ITEM # 58924 BY CONSENSUS, City Council RESCHEDULED the following appointments: BEACHES and WATERWAYS COMMISSION BIKEWAYS and TRAILS COMMISSION MINORITY BUSINESS COUNCIL June 9, 2009 - 42 - Item v'L.2. APPOINTMENTS ITEM # 58925 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Norman W. Carrick 3 Year Term 7/1/09-6/30/12 BA YFRONT ADVISOR Y 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel II II 'I June 9, 2009 - 43 - Item v'L.3. APPOINTMENTS ITEM # 58926 Upon NOMINA T!ON by Vice Alayor Jones. City Council APPOINTED: Nicole D. Johnson Unexpired thru 3/31/12 HUMAN RIGHTS COMMISSION 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, Mayor William D. Sessoms, Jr.. John E. Uhrin, Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel II III June 9, 2009 - 44- Item V, LA. APPOINTMENTS ITEM # 58927 Upon NOMINA TION by Vice Mayor Jones, City Council REAPPOINTED: Kristen Myers Unexpired thru 8/31/11 PARKS and RECREA TION COMMISSION 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel II II II June 9, 2009 - 45 - Item v'L.5. APPOINTMENTS ITEM # 58928 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Stan Cawlfield 4 Year Term 7/1/09-6/30/13 SOCIAL SER VICES BOARD 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel II II II June 9, 2009 - 46- Item v'L.6. APPOINTMENTS ITEM # 58929 Upon NOMINA TION by Vice Mayor Jones, City Council APPOINTED: John Piscitelli 4 Year Term 7/1/09-6/30/13 TIDEWATER COMMUNITY COLLEGE BOARD Voting: 1 O~O Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel II II June 9, 2009 II II II - 47 - Item V.O. ADJOURNMENT ITEM # 58930 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:10 P.M. ~____a~__!/'J/J Beverly 0. Hooks, CMC Chief Deputy City Clerk (L?-7_.L_~ ~dgeS Fraser, MMC City Clerk William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia The Public Comment re Non Agenda Item adjourned at 6: 14 P.M. June 9,2009 II II - 48 - PUBLIC COMMENT Mayor Sessoms left for the United States Conference of Mayors with Vice Mayor Jones presiding at the Public Comment Session Life Safety Educator Position Debbie Hearst Gregory, 5584 Arboretum Avenue, Phone: 270-0965, spoke in SUPPORT of the Life Safety Educator Position. Mrs. Gregory referenced the FY 2009-2010 Budget elimination of one (1) position from the Life Safety education, equating to less than one-tenth of 1% of the Fire Department funding. This commitment cannot be tasked to Volunteers. The Fire Department is composed of members who are committed to ensuring the destination of feeling safe any place, anytime. The Life Safety Office of the Virginia Beach Fire Department exemplifies this vision and urges the reinstatement of the Life Safety Educator position. This is more than just a position; a certified individual to teach the programs is lost. Communicating with children is an instructor course that is taught to fire fighter recruits. Children At- Risk are educated, Public Safety and Life Safety Educator I and II, HazMat First Responders, National Child Safety program re the proper installation of Child Safety seats encompasses this program. The cost of the money and time to train, certify and monitor volunteers for this program is not cost-effective, as funds have already been invested in this position. Ms. Gregory distributed information re Cost versus Investmentfor the Life Safety Educator Position, which is hereby made a part of the record. June 9, 2009 - 47- Item V. o. ADJOURNMENT ITEM # 58930 II Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6: 1 0 P.M. , d~~ tJ, Y-.4 ,/eJ --_::_:__:~------------------- Beverly 0. Hooks, CMC Chief Deputy City Clerk ~~----------- uth Hodges Fraser, MMC City Clerk William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia The Public Comment re Non Agenda Item adjourned at 6:14 P.M. June 9, 2009