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MARCH 22, 2011 MINUTES
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR W/LLIAM D. SESSOMS, JR., At-Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 RITA SWEET BEL/,LTTO, Ar-Large GLENN R. DAMS, Rose Hall -District 3 WILLIAM R. DeSTF.PH, At-Large HARRY E. DIEZEL„ Kemprville - District 2 ROBERT M DYER, Centerville -District L BARBARA M. HENLEY, Princess Anne -District 7 JOHN E. UHRIN, Reach -District 6 ROSEMARY WLLSON, AI-/.arge JAMES L. WOOD, Lynnhaven -District S CITY COUNCIL APPOINTEES CITY MANAGER -JAMES K. SPORE CLTY ATTORNEY MARK D. STILES CLTY ASSESSOR - JF.RALD D. BANAGAN CITYAUDITOR- LYNDONS. REMIAS C/TY CLERK -RUTH HODGES ERASER, MMC CITY COUNCIL AGENDA 22 MARCH 2011 CITYHALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFING -Conference Room- 4:OOPM A. BUILDINGS and FLEET MANAGEMENT Phil Davenport, Operations Support Administrator II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - S:OOPM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Rob Robertson Pastor Charity United Methodist 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 I. INFORMAL and FORMAL SESSIONS March 08, 2011 G. FORMAL SESSION AGENDA H. CONSENT AGENDA I. ORDINANCES 1. Ordinance to ACCEPT and APPROPRIATE $106,432 from the Virginia Department of Agriculture and Consumer Services (VDACS) to reimburse the City for a portion of the cost of acquisition of an Agricultural land preservation easement at 4884 Blackwater Road 2. Ordinance to ADD and REORDAIN Article VII, Sections 21-700, 21-701, 21-702 and 21-703 to Chapter 21 of the City Code re automobile demolishers, rebuilders, salvage dealers, etc. effective June 1, 2011 J. PLANNING 1. Variance to Section 4.4(b) of the Subdivision Ordinance for C & C DEVELOPMENT COMPANY, INC. to subdivide two (2) nonconforming duplex lots into three (3) single- family lots at 5207 and 5215 Holly Road. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Ordinance to EXTEND compliance on behalf of Town Center Associates, LLC to close, vacate and discontinue a portion of Market Street (Block 9) at Town Center DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 3. Application of ROBERT L. NELSON and BARBARA N. GRAY T/A WEST LANDING MARINE for a Modification of Conditional Use Permit (Condition No. 5 re launching personal watercraft) at 2748 West Landing Road. DISTRICT 7 -PRINCESS ANNE STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROVAL 4. Application of KROGER LIMITED PARTNERSHIP I for a Conditional Use Permit re an automobile service station (fuel sales) at 4625 Shore Drive. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 5. Application of WILDLIFE RESPONSE, INC. (WRI) for a Conditional Use Permit re the development of a wildlife rehabilitation center at 3592 Indian River Road. DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 6. Application of TAYLOR FARMS LAND CO., INC. for a Conditional Use Permit re a borrow pit at 2297 Harpers Road with access off Dam Neck Road DISTRICT 6 -BEACH STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROVAL 7. Applications of OCEAN BAY HOMES, INC./SILVER HILL CANAL, LLC Change of Zoning from Conditional B-2 Community Business District to Conditional A-12 Apartment District at 1645 Salem Road DISTRICT 1 - CENTERVILLE ' a. Conditional Change of Zoning b. Floodplain Variance RECOMMENDATION APPROVAL 8. Applications of ROY E. BRINN, JR. to subdivide the lot and allow an additional single family home at 3453 Robinson Road DISTRICT 7 -PRINCESS ANNE a. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO). b. Floodplain Variance for the driveway from Robinson Road DEFERRED JANUARY 11, 2011 RECOMMENDATION APPROVAL 9. Application of LEGACY DEVELOPMENT, LLC/FLORIDAYS, LLC for a Conditional Change of Zoning from A-24 to Conditional PD-H2 to construct a single family condominium community at 4303 Bonney Road. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 10. APPEAL of the City Manager's decision to DENY the property owner's request in behalf of RAYMOND L. GOTTLIEB to construct athirty-four (34) foot wide driveway at 105 50th Street (pursuant to Section 7 of the Site Plan Ordinance). DISTRICT 5 - LYNNHAVEN STAFF RECOMMENDATION K. APPOINTMENTS BOARD OF ZONING APPEALS ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION L. UNFINISHED BUSINESS M. NEW BUSINESS DENIAL N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 FY 2011-2012 RESOURCE MANAGEMENT PLAN "BUDGET" March 29 City Manager presents Proposed Budget to City Council April 6 Open House - (Convention Center) April 21 Public Hearing (Green Run High School) April 26 Public Hearing (Council Chamber) May 3 Reconciliation Workshop (Conference Room 234) May 10 Adoption Agenda 03/22/2011 gw www.vb og v~com CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAMD. SESSOMS, JR, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 RITA SWEET BELLITTO, At-Large GLENN R. DAVIS, Rose Hall -District 3 WILLIAMR. DeSTEPH, At-Large HARRYE. DIEZEL, Kempsville - District 2 ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 JOHN E. UHRIN, Beach -District 6 ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITYMANAGER - JAMES K SPORE CITYATTORNEY-MARK D. STILES CITYASSESSOR - JERALD D. BANAGAN CITYAUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 22 MARCH 2011 I. CITY MANAGER'S BRIEFING -Conference Room- A. BUILDINGS and FLEET MANAGEMENT Phil Davenport, Operations Support Administrator II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL CITYHALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 4:OOPM S:OOPM C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Rob Robertson Pastor Charity United Methodist church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS March 08, 2011 G. FORMAL SESSION AGENDA H. CONSENT AGENDA I. ORDINANCES 1. Ordinance to ACCEPT and APPROPRIATE $106,432 from the Virginia Department of Agriculture and Consumer Services (VDACS) to reimburse the City for a portion of the cost of acquisition of an Agricultural land preservation easement at 4884 Blackwater Road 2. Ordinance to ADD and REORDAIN Article VII, Sections 21-700, 21-701, 21-702 and 21-703 to Chapter 21 of the City Code re automobile demolishers, rebuilders, salvage dealers, etc. effective June 1, 2011 J. PLANNING 1. Variance to Section 4.4(b) of the Subdivision Ordinance for C & C DEVELOPMENT COMPANY, INC. to subdivide two (2) nonconforming duplex lots into three (3) single- family lots at 5207 and 5215 Holly Road. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Ordinance to EXTEND compliance on behalf of Town Center Associates, LLC to close, vacate and discontinue a portion of Market Street (Block 9) at Town Center DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 3. Application of ROBERT L. NELSON and BARBARA N. GRAY T/A WEST LANDING MARINE for a Modification of Conditional Use Permit (Condition No. 5 re launching personal watercraft) at 2748 West Landing Road. DISTRICT 7 -PRINCESS ANNE STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROVAL 4. Application of KROGER LIMITED PARTNERSHIP I for a Conditional Use Permit re an automobile service station (fuel sales) at 4625 Shore Drive. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 5. Application of WILDLIFE RESPONSE, INC. (WRI) for a Conditional Use Permit re the development of a wildlife rehabilitation center at 3592 Indian River Road. DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 6. Application of TAYLOR FARMS LAND CO., INC. for a Conditional Use Permit re a borrow pit at 2297 Harpers Road with access off Dam Neck Road DISTRICT 6 -BEACH STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROVAL 7. Applications of OCEAN BAY HOMES, INC./SILVER HILL CANAL, LLC Change of Zoning from Conditional B-2 Community Business District to Conditional A-12 Apartment District at 1645 Salem Road DISTRICT 1 - CENTERVILLE a. Conditional Change of Zoning b. Floodplain Variance RECOMMENDATION APPROVAL 8. Applications of ROY E. BRINN, JR. to subdivide the lot and allow an additional single family home at 3453 Robinson Road DISTRICT 7 -PRINCESS ANNE a. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO). b. Floodplain Variance for the driveway from Robinson Road DEFERRED JANUARY 11, 2011 RECOMMENDATION APPROVAL 9. Application of LEGACY DEVELOPMENT, LLC/FLORIDAYS, LLC for a Conditional Change of Zoning from A-24 to Conditional PD-H2 to construct a single family condominium community at 4303 Bonney Road. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 10. APPEAL of the City Manager's decision to DENY the property owner's request in behalf of RAYMOND L. GOTTLIEB to construct athirty-four (34) foot wide driveway at 105 50~ Street (pursuant to Section 7 of the Site Plan Ordinance). DISTRICT 5 - LYNNHAVEN STAFF RECOMMENDATION K. APPOINTMENTS BOARD OF ZONING APPEALS ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION L. UNFINISHED BUSINESS M. NEW BUSINESS DENIAL N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 FY 2011-2012 RESOURCE MANAGEMENT PLAN "BUDGET" March 29 City Manager presents Proposed Budget to City Council Apri16 Open House - (Convention Center) April 21 Public Hearing (Green Run High School) Apri126 Public Hearing (Council Chamber) May 3 Reconciliation Workshop (Conference Room 234) May 10 Adoption Agenda 03/22/2011 gw www.vb og v.com -1- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 22, 2011 Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING re BUILDINGS and FLEET MANAGEMENT in the City Council Conference Room, Tuesday, March 22, 2011, at 4:00 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: William R. "Bill " DeSteph [Out of the Country on Family Vacation) Harry E. Diezel [Entered: 4:45 P.M.; attending a business meeting] March 22, 2011 -2- CITY MANAGER `S BRIEFING BUILDINGS AND FLEET MANAGEMENT ITEM # 60730 4:00 P.M. The City Manager introduced Phil Davenport, Operations Support Administrator, to discuss Facilities Management, consisting of three (3) components: Planning and Programming (represented by Barry Shockley), Design Construction (represented by Everette L. Herndon) and Operations Maintenance (represented by Mark Gemender and Chuck Davis) $1-Million per year is expended in leases, which primarily involves City agencies, such as Convention and Visitor Development, Economic Development, Purchasing (Princess Anne Executive Center), Emergency Medical Services (EMS) and some property leased from the Commonwealth Facilities Management Office Planning and Programming Management of Space used by City Agencies Management of Leases for City Agencies - >338,000 square feet and twenty (2) acres of land leased to others - >212,000 square feet and ninety (90) acres of land Property Management Demolition -thirty-six (36) City owned structures since July 2010 Relocation of Structures (i.e. at Princess Anne/Kempsville Road Intersection Access and Security -seventeen (17) facilities ADA (Americans with Disabilities Act) Coordinator Municipal Center Parking Development of the Building Capital Improvement Program Relative the CIP funding (millions), Mr. Davenport displayed a chart indicating the current and proposed CIP. There is a great deal of funding in FY 11, FY 12 and FY 13. City Council has appropriated a great deal of funds for some large projects. There are four (4) different type projects in the Building CIP (Capital Improvement Program): Fire Equipment, Renovation/ Rehabilitation, New Facility/Replacement and Site Acquisition (Fund providing annual monies to perform strategic acquisitions around the City, as needed). Mark Gemender, Operations Engineer will discuss more in detail re the Renovation/Rehabilitation. Mr. Davenport, relative Design and Construction, "checks " indicate projects completed or underway either perform land swaps or sale of property, t~ projects which will be starting within the next year referenced the Top 13 List -dated May 2007. The The "arrows " represent projects with strategies to trade for new construction. The "stars " indicate Replace Current Animal Control Facility and K9 Office Animal Care and Adoption Center.• Ground Breaking: December 1, 2010 Substantial Completion: December 6, 2011 K9 office/kennels: Complete July 1 S, 2010 March 22, 2011 M ti ~o 0 Q N 0 ~ I"' ~ ~ ~ ~ ~ ~ m ~ '% 0 A O ~ ~ ~t to ,~ ~ ~ J ~ ~ ca ~ O ~ ~ d >_ •L 0 m N ~ ~ ~ ~ ++ V L N 3 ca ~ c d J y ~ ~ v v . = V N ~ ~ ~ °a ~ ~ c s ~ = ~ ' _ c ~ ~ a ~ 'O ~ O N ~ V V ~' L .~ d N C _ m O ®_ ~ ~, V ~ .G~ p ~ ~ °' v _ m ~, y _ ~ ~ ~ '> w Q ~ ca v O V D. .a .~ ~ ~ > ~ ~ ~ ~~ ~ ~ ~ p ca c n ~ c J ~_ Q ~ V ~ ~ J ~ .~ w ~ ~ t F- ~ ~ ~ n- ~ ca v c~ ~ v O ~ N v ca a v O v c~ ~ L N O ~ c~ ~ ~ ~ G~ O ~ G1 r N M ~ ~ tC I` t: ~ 00 ~'s M O as V m U v .-. O r ;: ~ y 3 J c~ a~ C :a m ~ o ~ .~ ~ a O ~ ~ ~ ~' `i~.. ~ ~ ~ ~ ~ ~ v = ~ ° a a m v v v c~ c~ c~ m d ~ ~ ~ ~ .~. r .~ N .-. M r r r -3- CITY MANAGER `S BRIEFING BUILDINGS AND FLEET MANAGEMENT ITEM # 60730 (Continued) Creeds Police Training Facility Scope: Race track, Skid pad, Administration Building, Simulation City Budget: $S, 310, 000 Schedule/Status: Race track, skid pad, administration building: Completed February 18, 2009 Simulation City, Phase 1: Completed September 20, 2010 Simulation City, Phase 2: Completed January 25, 2011 Field House Hurricane Upgrades Scope: Shelter upgrades for Category 2 Hurricane, Emergency Generator connection Budget: $425, 000 Schedule/Status: Completed September 8, 2010 Williams Farm Community Recreation Center Scope: 71, 000 square feet, 25, 000 square foot Skate Park, LEED, Design-Build Budget: $24, 650, OSS Schedule: Design-Build contract NTP: December 6, 2010 Substantial completion: July 30, 2012 Final completion: September 28, 2012 Large Equipment Repair Shop Scope: 10, 800 square foot high lift garage Total Project Budget.• $1, 799, 970 Schedule/Status: 13 Proposals received -March 16, 2011 (currently under review) Contract award/NTP -May 1 S, 2011 Design-Build Contract Complete -August 2012 March 22, 2011 -4- CITY MANAGER `S BRIEFING BUILDINGS AND FLEET MANAGEMENT ITEM # 60730 (Continued) Thalia Fire Station Replacement Scope: 17, 000 square foot w/ 4 bays (1" Floor) 7, 500 square foot District Chiefs/FMO (2"d Floor) FY 12 Proposed Budget: $9.4-Million Schedule: Award Design Build Contract: January 2012 Completed: June 2013 Police Department Special Operations/Forensics Scope: 32, 000 square feet FY 12 Proposed Budget: $7, 809, 420 Schedule: Release RFQ: May 2011 Release RFP: July 2011 Award Contract: January 2012 Complete: June 2013 On site of existing Animal Shelter Chesapeake Beach Fire and Rescue Station Scope: 14, 000 square feet, three (3) equipment bays Total Project Budget: $5,248,800 Schedule RFP Preparation: underway now Release RFQ: May 2011 Release RFP: July 2011 Award Design-Build Contract: October 2011 Complete: Apri12013 Lighthouse Multi-Service Center Scope: 12, 000 square feet, replaces existing Lighthouse Services Center Budget: $4,291,000 Schedule/Status: Programming Study complete Real Estate Acquisition pending Start design build process after real estate acquisition March 22, 2011 -S- CITY MANAGER `S BRIEFING B iIILDINGS AND FLEET MANAGEMENT ITEM # 60730 (Continued) Parks and Recreation Relocation Relocation of Citywide Programs Office to Princess Anne Commons and Lynnhaven Maintenance Yard to Waste Management Village, out of residential corridor Consolidated Parks and Recreation programming and management services to Princess Anne Commons -Athletic Village Beach Maintenance Yard Relocate outside of residential area Expand yard and facility to meet current requirements Euclid Yard Modernize facilities and yard Duplicate Beach Maintenance Facility Advantageous Location to support Northwestern areas Fueling facility Adam Thoroughgood House Scope: Repair and repoint masonry of a historical landmark (Circa 1720) Budget: $300, 000 Schedule/Status: Completed: November 5, 2010 Fire Station #19 Repairs Scope: Water Infiltration: new roof, remove EFIS, install full height brick Renovations: Kitchen, living areas, radio equipment, driveway repairs Budget: $1, 080, 000 Schedule/Status: Complete December 2010 March 22, 2011 -6- CITY MANAGER `S BRIEFING BUILDINGS AND FLEET MANAGEMENT ITEM # 60730 (Continued) Contemporary Art Center Door Replacement and Window Repairs Scope: Replace window glazing, gaskets and exterior caulking to fix leaks Budget: $369, 000 Schedule/Status: Complete December 2010 City Hall Elevators Upgrades Scope: Renovate central passenger and West service elevators Budget: $400, 000 Schedule/Status: Completed October 7, 2010 Install Summer Boiler ARRA/DOE Scope: Install a small boiler in the Central Plant to handle Summertime loads Budget.• ARRA/DOE $184, 700 (Grant Funding utilized) Schedule/Status: Completed September 29, 2010 Recreation Centers Install Digital Controls ARRA/DOE Scope: Install Digital Controls in three (3) Recreation Centers (Princess Anne, Bayside, Great Neck) Budget: $788, 000 Schedule/Status: Complete: December 1 S, 2010 Ferry Plantation House Scope: Repair and repoint masonry of a historical landmark (Circa 1830) Budget: $145, 000 Schedule/Status: Under Construction Completion: May 2011 March 22, 2011 - 7- CITY MANAGER `S BRIEFING B UILDINGS AND FLEET MANAGEMENT ITEM # 60730 (Continued) Judicial Center Mansard Roof Replacement Scope: Replace mansard roof panels on all three buildings Budget: $1,371,460 Schedule/Status: Construction Contract Award.• January 18, 2011 Project completion: October 3, 2011 Judicial Center Water Infiltration Scope: prevent water infiltration at the basement level FY 11-Prisoner Tunnel ($658, 000) FY 12 -Perimeter of Complex ($3.9-Million) Schedule/Status: Prisoner tunnel between the jail and the Judicial Center Construction award: May 2011 Construction complete: November 2011 Perimeter of Complex Construction Award: January 2012 Construction Complete: October 2012 Judicial Center Lighting Scope: Replacing 34 watt-T12 lamps w/magnetic ballast to 25 watt-T8 lamps w/electronic ballast Budget: $750, 000 Schedule/Status: Contract Award: December 2010 Contract Complete May 2011 March 22, 2011 -8- CITY MANAGER `S BRIEFING B UILDINGS AND FLEET MANA CEMENT ITEM # 60730 (Continued) Contemporary Art Center Chiller Replacement Scope: New chiller and equipment, better temperature and humidity controls Budget.• $650, 000 Schedule/Status: Contract Award.• April 2011 Completion: February 2012 Law Enforcement Training Academy Scope: Replace existing PTAC units with multiple central air systems Budget: $360, 000 Schedule/Status: Contract Award April 2011 Estimated Completion August 2011 Mark Gemender, Operations Engineer, provided further information re Operations/Maintenance and advised a comprehensive listing of the Budget Costs for the projects shall be provided. Building Maintenance responds to telephone calls re preventative maintenance, repairs, minor construction, emergency service and customer concerns. There are two fundamental areas of building maintenance: daily maintenance and repair based upon service requests from occupants and emergency repairs. The broader prospective is the systematic, renewal and rehabilitation of systems within buildings. Building Maintenance is responsible for the long term planning and sustainment of the facilities through their entire life and making sure the complete design life is achieved over the long term. This is accomplished by following Asset Management Principles (complete inventory and being aware of the condition of all the subsystems within each facility, and being able to project into the future re rehabilitation and replacement). Approximately 22, 000 work orders per year have been completed. Building Maintenance Contractual Resources comprises a contract total of $724,587 Building Maintenance Personnel Resources Maintenance of 254 City Facilities (Over 3, 754, 000 square feet *) Total Full Time Employees: 168 Management/Support: 12 Custodial: 53 Total Skilled Trades 81 Licensure Master's Electrician Journeyman's Electrician i~irginia Commercial Pesticide * Workforce balanced with contracts * (Excludes Convention Center) Trade T e Number o Em to ees Car ent 23 Electrical 20 HVAC 21 Plumbin 6 Painters 11 Total Trade Em to ees 81 Average Square foot per Building Maintenance Tradesman 46,352 square feet National Avera a 45,000 March 22, 2011 -9- CITY MANAGER `S BRIEFING BUILDINGS AND FLEET MANAGEMENT ITEM # 60730 (Continued) Charts entitled "Building Maintenance Major Renovation Assessments", "Current Rehabilitation and Renewal Backlog" and "Six Year Rehabilitation and Renewal Projection FY 12-18'; are hereby made apart of the record. Component Replacement and Renewal Based on: Age of System compared to normal projected life of these systems Work Order/Repair History Physical condition of the system or component Svstem Tvne and Age CONSTRUCTIONAND FINISHES YEARS Entrance Doors 25 Car et 10 Parkin Lols ZO Windows 20 ELECTRICL4L Electrical Panels 25 Buildin Securi S stems 1 S Escalators 10 Fire Su ression S stem 20 HVAC Roo To Units 14 Heat Pum s 1 S Chillers 17 Com ressors 12 PLUMBING Water Heaters 12 Back ow Preventers 20 Fixtures 20 March 22, 2011 ~ i ~ ~ i • ~ ~ O O O O O O O O O O O O O O 3 0 O O O O O O O 00 O ~ O 00 O O Q. `~ O cr 00 ~O 00 N 00 tD N 00 tC O O O \ ~D N r-I 01 r•1 ~ ei M ~ r•1 N 1~ r ii e-1 M e-~ N O ~ y N u • ~ ~ C ~ ~ ~ .a •y = 0 + G1 ++ a 0 ~ to • O (,~`"~ U L 0 ~ / O v - V ~ O ~ m L L, ~ ~ V ~ Cf N M 00 Q1 ~ 01 M 00 ~ 00 N e•~ t11 ~ ~ O O ^ h O O O M M M ~ O M O 1 G ~ ~ ~ N i O ~ i C -I N N N i O e-1 1 C r•I i C ei 1 0 ri N 1 O r•I N ~ Q Q. ~ N e N ~ O O O O O O O O O O O O O O Y Y ,C Y Y Y Y Y ~C Y ~C Y ~C Y cv u v u u v u u u u v v u u v ++ to la ~a ra ro ea ca co ea cv co ~ to co N m OD 00 GO CG CD GG OD m m m m m m \/ I ~, u y t0 ,~+ O M Q J Q' ~ N ai ' D 111 L ~ Cl 1~ 00 00 Cf CF d 00 ei M ~D lC l 10 Q1 Q1 ~G I~ 01 Q1 01 t0 C1 1~ I~ I~ 1~ t~ ® } m Q1 Q1 C1 01 C1 01 C1 C1 01 Q1 01 Q1 Q1 01 • r•I e•i i•`I ai !•I r-1 e•1 t'i r•I ei r•I l"I e-1 I r ~ i ;~ ~ ~ 11'1 tl1 aO•I e~i eOi e~-I N ~ N rN•I eN-I e~i M J V ~ ~ ~ O O ® O O • '~, L O O L _ •N IA C • f0 i„1 fa ~ ~ f0 f0 Q S ~ N Vf ~ N W W yl da L Q1 ~ •~ N • ~ a o L ~ _ ~ ,~ oo _ d v. O O O a • u' ai _ O it fC d7 i G ~ ~ O. ~ fl. LL ~ do L L ~ ~ V H +~+ y +~+ "O Y 'a C ++ ++ U fa _ 3 'a C 41 C C C C C u • C C C u ~ L t u L ~ N W W ~ U~ O U~ f0 = i m ~ = d U f d W Q X W U a + V1 •~ W V ~ L L L L L {A YI 'd O O O O O C1 G7 L L ~ L' ~ •L a 'L N '` N 'L N L N L .C Z ~ (J U U U W W W W W W W tL LL > = > _ > _ > _ O ~ L O _ ~ L ' ~ m Y u u -~ ~ ~ ''' ~ GJ GJ L L Z C C C ~ ~ _ ~ ~ _ ~ ~ D •~ ~ > > ~ J m O +~ ai O t-1 A Q Q Q >• ~ L ~ ~ V 1 1 H ~ _ ~ j L ~ L 3 ~ ~, i i i •_ C N D L 3 3 7 ~ _ _~ J m U LL CD U U U U CC U = J J Q~ t'~T t~ .® .~ a CQ ~~ •~ S® a V l'~r O V c~ m ~ = N G1 L ~ i N ~ ~ V .;~ ~ M o ~ ~ ~ V ` O N _ ~ J Q U ~ ~ ~ w U = ~ w t U - ~ X ? > O w w ~ _ ~ ® ~; N ~: p ~_ r .~ L 0 ~ •L 0 Q~ ~ X ~ r W .~ ~~ L .- .® .® ~~ t...~ 1 N l'.'~ l"'~ tl~ Ln '~ 0 L ~• L W N L ~~ •~ ~ s •- N ~ ~ `~ o a • v w •- ~ = a ~ w ^ ~ ~~ E1 I.L ~' r N N 4-- O O U _~ U O O O •- ~1 ~ ~ r ~ ~ ~ a -10- CITY MANAGER `S BRIEFING B UILDINGS AND FLEET MANAGEMENT ITEM # 60731 FLEET MANAGEMENT Phil Davenport, Operations Support Maintenance, cited the components of Fleet Management, which comprises approximately 28,000 work orders per year and operation out of five (S) different locations: - Automotive Services - Motor Pool - Fuels - Fleet Asset Replacement - Fire Apparatus Replacement - Waste Management Vehicles • Futl life-cycle services - Acquisition: • Replacement recommendations • Bid specifications • Delivery verification & in service prep • Payment,processing - Maintenance & repair • Preventative maintenance • Unscheduled repairs - Accident assessment - Disposal • Detomrnission & disposal via GovDe~+ls online auction - `~, Lardfiil~.t`~PdE:~-Jake S~ar~ F~aa~? • $9.8-Million for FY 2012, 79 FTEs • Five locations Main Garage -Leroy Road F"e1;~c~pt~r5hp-Leroy Road March 22, 2011 f-:ollar~c~;hit~EX-f~C~llar~cR;;a Lar:r_.~~~~r:rhr`JNEX-DamP~eckRoad -11- CITY MANAGER `S BRIEFING BUILDINGS AND FLEET MANAGEMENT ITEM # 60731 (Continued) •;~'. 0 :~_ ~~ -. Initiative to Reduce the Fleet • Downsize ^ Unlicensed ^ Licensed ~r°: - 2 for 1 turn-ins through vehicle%quipment replacement - Replace larger vehicles with smaller, more fuel efficient vehicles when applicable through replacement • Low Use - Re-allocated fifty-seven (57) low use vehicles to replace needed units so.o 70.0 60.0 50.0 40.0 ~~ 30.0 20.0 ia.o ~: -o.o Ratio of Equipment to Mechanics 73.f ^ VA Beach Fairfax Cat ~ Norfolk ~ Chesterfield ^ Inrlnctni Ctanrlarrl ~L~ Ratio of Equipment per 1 Mechanic ~_._- - ~ -- March 22, 2011 FY p7 FY 08 FY 09 FY 10 -12- CITY MANAGER `S BRIEFING BUILDINGS AND FLEET MANAGEMENT ITEM # 60731 (Continued) City of Virginia Beach Labor Rate • $61 per hour - Applies to all aspects of repair for the following: • Sedans • Light, medium and heavy duty trucks • Heavy construction equipment • Fire apparatus • Llclirnnfor City of VA Beach Labor Rate vs. Average Labor Rate. (Based on 3 Local Vendors per Category) $1zo.oo .- .. _ . _ ~ City of VA $101.98 $97.76 Beach $100.00 _ . _. ~.__.__.._._. ___ Ught/Medium $80.00 ------- - Duty Vehicles $61.00 $50.00 -~-- --- ^ Heavy Duty Vehicles $40.00 ~ _ __ __.__..-_..._ , . $20.00 ~ _____ _ S_ .__.__ __ Average Shop Labor Rate Per Hour Compared to T _- Retaillndustry *, _. March 22, 2011 -13- CITY MANAGER `S BRIEFING B UILDINGS AND FLEET MANAGEMENT ITEM # 60731 (Continued) i City of VA Beach ^ Fire Apparatus Shop Repair Flre Apparatus Mobile Repalr Helicopter Repair ^ Helicopter Avlonia Repalr ^ Marine Repalr - _- -" °~~_ L ~. ~c - yl._ ~ City of VA Beach °= Generator5hop Repalr March 22, 2011 City of VA Beach Labor Rate vs. Average Labor Rate for Specialty Equipment (Based on 3 Local Vendors per Category) City of VA Beach labor Rate vs. Average Labor Rate for Generators Based on 3 local Vendors -14- CITY MANAGER `S BRIEFING BUILDINGS AND FLEET MANAGEMENT ITEM # 60731 (Continued) Shop labor Rate Comparison with VA Cities/Counties $75.00 _ ~___.. . _. __....._.. _ _.........._..____~___~~ .. ~_ __ _ Al City of VA Beach $70 ~~ ~ Cityof Nprfolk $70.00 _ _- _.. _ _ ~CityofChesapeake $67.80- ^ Chesterfield $65.00 ___- _ __.._... ^FairfaxCourrty $62.86 $61.00' ^ Average $60.00 ~ _ --------exa~s $55.00 - i ~5~:00 =- - ;'~, 31~t s! ^ Retained Earnings i Budget Expenditure ^ Deferred .Maintenance March 22, 2011 Shop labor rate per hour Expenditure Trends -IS- CITY MANAGER `S BRIEFING BUILDINGS AND FLEET MANAGEMENT ITEM # 60731 (Continued) • Cosf of goods. sold represent the parts we buy to use for repair - Parts - Tires & tubes - Grease & oil - Sublet & repair. • Most costly repairs: - Dredge - Fire trucks - Street sweepers - Waste Management trucks - Police cars due to volume & miles driven Cost Saving Initiatives • Eliminated .night shift at Dam Neck -- Eliminated 2 FTEs - Saved $165,209 • Converted to 5 day week - Increased productivity and reduced turn around time • Extended warranties • Develop and utiUze contracts for competitive pricing - Parts - Vehicles - Equipment March 22, 2011 -16- CITY MANAGER `S BRIEFING B UILDINGS AND FLEET MANAGEMENT ITEM # 60731 (Continued) • Provide temporary rental units to City customers so that they can continue to perform their job functions without having to permanently acquire units • Alsa serves as a "fill-in" vehicle for other vehicles in shop • Rental fee covers. maintenance, repair, & fuel costs 1;~ ~~ ~- ~_ • $174K Budget for FY 2p12 • 27 licensed units • 5 Unlicensed units • Enterprise Fleet - Contract with Enterprise for some outlying facilities - Monitor & track usage by Department :,:.: fir`. y_ ~ ~~ '~ MONTLY $600.00 per $806.30 $1,000.00 per ? $1,884.30 per LEASES mo. per mo. mo. mo. DAILY RENTALS ' $30.00 $36.65 $85.00 ' $85.65 per day per day per day per da HOURLY RATES $6 NA $17 NA per hour per hour 'Motor Pool rates include fuel, whereas Enterprise rates do not s- ,- Y March 22, 2011 Rental Rate Comparison -17- CITY MANAGER `S BRIEFING BUILDINGS AND FLEET MANAGEMENT ITEM # 60731 (Continued) ~-_ ~, , T___ -, ~ - , ~„, ~ h.~~~ ~ Vie. ~ ~~ ~, .,,~~„~ •. ~ lC F .. ~ ~ S ~"" Q _~ ~_ .,~ - , ~#'~ `~R tt C1 is __ , i- _ -_~, cvi. mac... `` ^" "'._ ~ r S •, -~.a.. I e...... ...o fl...... ti ,, ..... .«...R... .,s....e„ ~.... .~ .~ ..... o,. ~ f ., ..e,. ..~. ~t / ' 1. _.~ .. ..s , aux¢_~.-....~....., f- ~ ~ y ': ..--_. ---_ ~ _ C ity Fleet .. .. w ~ ienn' .... • Provide fuel at convenient locations to all customers in order to maximize effective use of fleet resources • Monitor & track quantity of fuel usage per Dept. • Maintain infrastructure • Generators • 11 Automated fueling stations with backup power supply for uninterrupted service • Consumption of diesel and regular fuel has remained about 2.3 million gallons for the past 3 to 4 years • Current average price per gallo'n is $3.09 March 22, 2011 -18- CITY MANAGER `S BRIEFING BUILDINGS AND FLEET MANAGEMENT ITEM # 60731 (Continued) March 22, 2011 -19- CITY MANAGER `S BRIEFING BUILDINGS AND FLEET MANAGEMENT ITEM # 60731 (Continued) Prices Per Gallon ~ AAA unleaded ^ Papco Avg ^ COVB Avg _ ~' March 22, 2011 Miles Driven FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 -20- CITY MANAGER `S BRIEFING B UILDINGS AND FLEET MANAGEMENT ITEM # 60731 (Continued) FY 09 FY 10 FY 11 {YTD) ~ Budget ^ Pr©jected Fuel Expenses N ~~: ~-s _ ~ n ~- ~`:~ .. Assuming 2.35 Million Gallons for FY 12 59,000,000 ! . s f~~ soo sssiz $s,ooo,ooo , - _ $7,000,000 -,$6,3q.5,4aR 57,637.x.0.0 _. ._. $6,000,000 ~ ----------- $7 050,000_ $5,000,000 __ - -- --- - -e-Fuel Ex enses $5,233,798 p $4,000,000 _ .__ __. __ -~gudgeted Amount 53AGQ000 ~..~. _.._ $2,OOO,D00 ~ _ ___....~ _ . ..___.. _ ......... .......... ..___. $1,000,000 _ ... $2.70 $3.00 $3.25 $3.50 $3.75 March 22, 2011 Fuel Expenses -21- CITY MANAGER `S BRIEFING BUILDINGS AND FLEET MANAGEMENT ITEM # 60731 (Continued) • 121 Stationary ~; • 49 Portable I... .-~j • Locations ~" '~!~:° - Sanitary sewer pump stations ~ -Water pump stations _ _ ~~'- ~.-'s~: - Storm water pump stations ~ J ` -Fuel sites ~ ~ ~ ` -Critical Buildings around the City. : ~~ '', ~ _ 1 technician assigned for preventative maintenance ~~ ~~~; and repair for all units ~'`~`~' ~" ~, =- ss~' ~ ~ -~ in ~~ G ~ ~ T E4f f _ ....--. - ~ - - _'-_ ~b .- ~ II IIIIQ{.IVGJ • Automated fuel system - Improved tracking and accountability: • No idling. policy AD 5.10 • Right sizing vehicles - Saves in fuel consumption as new vehicles are becoming more fuel efficient T- -- bMt~ K S • Hybrid vehicles ~~~~~ - 54 Total in City fleet ~~. Natural Gas Feasibility 1 The Natural Gas Feasibility Study is being accomplished through Energy grant funds. The results should be completed by May. March 22, 2011 venerators -22- CITY MANAGER `S BRIEFING B UILDINGS AND FLEET MANAGEMENT ITEM # 60731 (Continued) `: `~~ Acquisition of new vehicles/equipment for replacement of units at the end of its life-cycle • Evaluate units for replacement - Years in service - Mileage exceeding 120,000 - Idle time mileage - Operational cost exceeds 75% of replacement cost (not to include total fuel usage) ~~ Competitively bid contracts =r,= - _ ,~~ ~ ~s -. 4-„ • $3.1M City replacement fund for FY 2011 • 3,659 Total fleet vehicles/equipment • 2,097 licensed vehicles • ARRA Grant FY10 & FY11 - 44 Total Hybrids Purchased City of Virginia Beach Contracts • COmpetltlVely Bl'd - City of Chesapeake - City of Charlottesville • SpeCiflCatlOnS written and - City of Newport News bid a-wards take into -city of Norfolk consideration: - City ofl_ynchburg - City of Suffolk - MPG - Fairfax County - Crash Ratings -York County - Serviceability - Arlington County - ODU CO-OperatlVe a$reementS - Norfolk AirportAuth that dI~OW Other - Newport News P.S. ,- CItIeS/COUntIES t0 Ut1lIZe VA - New Kent Co P.S. #~_ ~~.,~~; Beach contracts - Chesapeake Bay Bridge , ~- ~ -~ , < ~ ; i? ~ , '~S; T Mr. Davenport advised, re cost saving initiatives last year, a night shift was eliminated at the Dam Neck Yard. Thus, two (2) FTE's (Full Time Employees) were eliminated and $165, 000 was saved. The four- day work week was increased to a five-day work week in the Shop to better accommodate the customers and their schedules. Extended warranties are utilized on equipment purchases whenever possible. Contracts are utilized for some of the work. March 22, 2011 - 23 - CITY MANAGER `S BRIEFING BUILDINGS AND FLEET MANAGEMENT ITEM # 60731 (Continued) 9 ^ VA Beach Desired ^ VA Beach Actual ~s =~ ~` .~ #`~ VA Beach Desired & Actual Replacement Years is _----__. --___------- - 12 12 + 12 , io s 6 4 2 ~ _- i ~~ -'.~ :- ~~~~ ~;-~-HD Trucks and Equipment ~, ^ VA Beach Desired ^ VA Beach Actual ~: .=~~~ l•` March 22, 2011 VA Beach Desired & Actual Replacement Years Waste Collection Trucks io -z4- CITY MANAGER `S BRIEFING BUILDINGS AND FLEET MANAGEMENT ITEM # 60731 (Continued) ^ Proposed Budget ^'Budget r-i'~ ,~~ " 33 40 ^ Police Sedans ^ Non-PO Sedans SUV'S/Vans ^ Trucks !2 ~ Equipment :~~~ :- March 22, 2011 Proposed $4.1-.Million Replacement for FY 12 ,~ -25- CITY MANAGER `S BRIEFING B UILDINGS AND FLEET MANAGEMENT Historical Funding and Backlog Trends March 22, 2011 ITEM # 60731 (Continued) Projected Backlog Growth with $3.1-Million per Year Funding -26- CITY MANAGER `S BRIEFING BUILDINGS AND FLEET MANAGEMENT ITEM # 60731 (Continued) FY FY FY FY FY FY FY FY FY FY FY = 12 13 14 15 16 17 18 19 20 21 22 - ;~ ~'~_ • Funds major equipment through a separate CIP • Replacement cycle based on years, not mileage • Ladder/HDR Trucks - 10 year fronf line - 5 years reserve • Pumpers/TeleSquirt - 15 years front line - 5 years reserve ;' v' i rf ~~ '':F March 22, 2011 -27- CITY MANAGER `S BRIEFING BUILDINGS AND FLEET MANAGEMENT ITEM # 60731 (Continued) Proposed CIP Funding and Requested Funding Shortfall $3.0 ! _ __._. $2.5 N a $2.0 ~ $1.5 $1.0 $0.5 $0.0 FY 12 FY 13 FY 14 FY 15 FY 16 FY 17 FY 18 FY 19 ^ Shortfall ^ Proposed CIP ~~` ~`~ ~vY n~mn~+e ien~.. r. r_ r- ~ i r • Included in City Vehicle Replacement Fund • FY 2011 replacement of refuse trucks includes $9so,ooo • Average age of fleet > 12+ years and increasing • Required funding for average age of 7 years _:_,$3.1-Million/year March 22, 2011 S0.031 -2s- CITY MANAGER `S BRIEFING B UILDINGS AND FLEET MANAGEMENT ITEM # 60731 (Continued) ~- ~, ~~ ,_ ,~ ~,, Replacement Schedule Comparison 14 12+ 12 10 S 6 4 Z 0 z ~. fStyofVirginia Beach ^ Desired ^ Actual Fairfax CountyNewport News ©enver, CO '" - ~~`~- FY 12 m FY 7s iiac'ilalr - Heat NBr-~errterrC Projected C.7q~t4 FY 7Y]Li tFror gfi FY 2II78 - - (in niiliurmj Pn.~7rTVtlve Rsccal Year ServlUer. MrOO r Pmt Fi.~e ls Hee Hepla C F1Y®e[ oerrrtait , Total 1010Approv®d Buc1~t $ 9.8 $ 41 $ 5.8 $ 3.1 $ 788 - X11. Bi-~c~at $ 9.7 $ Q 1 $ 5.7 $ 3.1 $ 787 , X12 $ 9.8 $ 42 $ .S7 $ 4.1 $ 19.8 2019 $ Y31 $ 42 $ 5.9 $. 5.1 $ 21.2 20]FF $ 1n4 $ 42 $ 61 $ 61 $ 227 2[215 $ 147 $ 42 $ 62 $ 61 $ 23.2 2016 $ 110 $ 42 $ 64 $ 61 $ 23.7 21117 $ 113 $ 42 $ 66 $ 61 $ 2C.3 2018 $ 117 $ 42 $ 6.8 $ 61 $ 24.23 - - TOta17-Y~ina'eas e $ 288 P~er~ Arrraal IrtQ ea®e $ Q.1 FY 12 Fleet ~rt t ar®eC $ 19 ki - FY 1? liegrirerrc~ abate taget $ - "Ttrel aa675 are horsed on $ZZi P@rplian IMts a 3~i6~'wcRfi Per Vea - ~ } '. March 22, 2011 -29- CITY MANAGER `S BRIEFING B UILDINGS AND FLEET MANAGEMENT ITEM # 60731 (Continued) FY 12 to FY 18 Replacement Requirements (in Millions) _~ 514.0 $12.0 r~ - -- $10.0 58.0 56.0 $4.0 $2.0 50.0 -~. ,y0 ,y'y 2a ~ Fy Qo`' .- -~.s y~Qto 1;.~ 4 ^Recommended ` Fire Apparatus CIP ^ Recommended Waste Mgt CIP ^ General Fund Replacement - ~~ ~_ J '-. ~ Fi~~~~ ?: `~: Fire apparatus has been under a separate Capital Improvement Program for a number of years. This was done years ago because of the high cost of fire equipment. As an example, ladder trucks are run for ten (10) years on the front line and then five (S) years in reserve. Pumpers/TeleSquirt run for fifteen (1 S) years on the front line and five (S) years in reserve. By FY 2015, funding adjustments will have to be made. The cost of a high end fire truck is approximately $1.3-MILLION, which is equivalent to approximately thirty-eight (38) Police Units. Average age of the Fleet is approximately 12 years and continuing to increase March 22, 2011 ~~~ ~y3 ~tia ~tih ~Jti~ ~ti^ ~ti~ -30- CI T Y CO UNCIL COMMENTS ITEM # 60732 5:12 P.M. Councilman Davis referenced the meetings last week re the Rosemont SGA (Strategic Growth Areas) with an amazing attendance encompassing citizens of the area and dedicated staff. Greatness will come over time and he believes the final version of the SGA will be scheduled for City Council shortly. This is a great vision for this part of our City. ITEM # 60733 Councilman Davis referenced Legendary Coach Marty Schottenheimer will have a Press Conference tomorrow, Wednesday, March 23, 2011, as being named the Head Coach and General Manager of the Virginia Destroyers United Football League, which will utilize the Sportsplex for the 2011 UFL season. March 22, 2011 -31- A GENDA REVIEW SESSION ITEM # 60734 5:13 P.M. BY CONSENSUS, the following shall compose the CONSENT AGENDA: ORDINANCES I.Ordinance to ACCEPT and APPROPRIATE $106, 432 from the Virginia Department of Agriculture and Consumer Services (VDACS) to reimburse the City for a portion of the cost of acquisition of an Agricultural land preservation easement at 4884 Blackwater Road 2.Ordinance to ADD and REORDAINArticle VII, Sections 21-700, 21-701, 21-702 and 21-703 to Chapter 21 of the City Code re automobile demolishers, rebuilders, salvage dealers, etc. effective June 1, 2011 March 22, 2011 -32- AGENDA REVIEW SESSION ITEM # 60735 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: J. PLANNING Variance to Section 4.4(b) of the Subdivision Ordinance for C & C DEVELOPMENT COMPANY, INC. to subdivide two (2) nonconforming duplex lots into three (3) single family lots at 5207 and 521 S Holly Road. DISTRICT S - LYNNHAVEN 2. Ordinance to EXTEND compliance on behalf of Town Center Associates, LLC to close, vacate and discontinue a portion of Market Street (Block 9) at Town Center DISTRICT S - LYNNHAVEN 3. Application of ROBERT L. NELSON and BARBARA N. GRAY T/A WEST LANDING MARINE for a Modification off' Conditional Use Permit (Condition No. 5 re launching personal watercraft) at 2748 West Landing Road. DISTRICT 7 -PRINCESS ANNE 4. Application of KROGER LIMITED PARTNERSHIP I for a Conditional Use Permit re an automobile service station (fuel sales) at 4625 Shore Drive. DISTRICT 4 - BAYSIDE S. Application of WILDLIFE RESPONSE, INC. (WRI) for a Conditional Use Permit re the development of a wildlife rehabilitation center at 3592 Indian River Road. DISTRICT 7 -PRINCESS ANNE 6. Application of TAYLOR FARMS LAND CO., INC. for a Conditional Use Permit re a borrow pit at 2297 Harpers Road with access off Dam Neck Roacl DISTRICT 6 -BEACH Applications of OCEANBAYHOMES, INC./SILVER HILL CANAL, LLC Change of Zoning from Conditional B-2 Community Business District to Conditional A-12 Apartment District at 1645 Salem Road DISTRICT 1 - CENTERVILLE a. Conditional Change o Zoning b. Floodplain Variance 8. Applications ofROYE. BRINN, JR. to subdivide the lot and allow an additional single family home at 3453 Robinson Road DISTRICT 7 -PRINCESS ANNE a. Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO). b. Floodplain Variance for the driveway from Robinson Road March 22, 2011 -33- AGENDA REVIEW SESSION ITEM # 60735 (Continued) 9. Application ofLEGACYDEVELOPMENT, LLC/FLORIDAYS, LLCfor a Conditional Change of Zoning from A-24 to Conditional PD-H2 to construct a single family condominium community at 4303 Bonney Road. DISTRICT S - LYNNHAVEN Item J. 3. (Application of ROBERT L. NELSON and BARBARA N. GRAY T/A WEST LANDING MARINE for a Modification of Conditional Use Permit shall be DEFERRED INDEFINITELY, BY CONSENT. Item J.S. (Application of WILDLIFE RESPONSE, INC. (WRI) for a Conditional Use Permit) shall be DEFERRED INDEFINITELY, BY CONSENT. March 22, 2011 -34- ITEM # 60736 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Princess Anne District LEGAL MATTERS.• Consultation with legal counsel or briefings by staff members or consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). City of Virginia Beach v. Trustees of Emmanuel Protestant Episcopal Church of Kempsville Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:17 P.M. March 22, 2011 -35- ITEM # 60736 (Continued) Voting.• 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph [Out of the Country on Family Vacation) (Closed Session: (5:17 P.M. - S: 43 P.M.) March 22, 2011 -36- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 22, 2011 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 22, 2011, at 6:00 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: William R. "Bill " DeSteph [Out of the Country on Family Vacation) INVOCATION: Reverend Rob Robertson Pastor Christian Chapel Assembly of God PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne 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 ident~ any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. March 22, 2011 -37- 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 ident~ing any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file. the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of ident~ing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of ident~ing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of January 27, 2004, is hereby made a part of the record. March 22, 2011 -38- Item - T~ E.1 CERTIFICATION ITEM # 60737 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• William R. "Bill" DeSteph, March 22, 2011 ~ ~_.s - >...~ r f, / ?r q4 f S 04. O`9 \~~ _~~ j'~ OF OUR NPS10N 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 #60736, Page 34, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of V irginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. e i2~~ th Hodges Fraser, MMC City Clerk March 22, 2011 -39- Item V-F.1 ITEM # 60738 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS oJMarch 8, 2011. Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph March 22, 2011 -40- Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 60739 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 22, 2011 -41- Item V-H.1. RECOGNITION OF UNITED WAY ITEM # 60740 Mayor Sessoms recognized the Members of United Way, South Hampton Roads The United Way of South Hampton Roads formally thanked the Mayor, City of Virginia Beach, City Council and key members of the City Staff for their support and the coordination of the COMBINED CHARTIES CAMPAIGN. Those attending: Mrs. Geraldine Eady, Combined Charities Campaign Mrs. Carol McCormack, CEO of United Way, South Hampton Roads Mrs. McCormack, CEO of United Way, South Hampton Roads, advised this year the City of Virginia Beach employees raised over $300,000. Since 2000, the City employees have raised almost $4-Million. Three (3) City Employees (Campaign Coordinators) were recognized: Sean Bourgeois, John Lasley, and Michelle Hunter. Mrs. McCormack advised because of their leadership and generosity, over 5,000 individuals were provided with a safe haven in emergency shelters, distribution of over 13-Million pounds of groceries to needy families, over 5,000 hours of tutoring for "after school" at-risk children and "home away from home" support for over 5,000 of our military employees. March 22, 2011 -42- Item V-I. ORDINANCES ITEM # 60741 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1 and 2 of the the CONSENT AGENDA. Voting.• 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph March 22, 2011 -43- Item V L 1. ORDINANCES ITEM # 60742 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to ACCEPT and APPROPRIATE $106,432 from the Virginia Department of Agriculture and Consumer Services (VDACS) to reimburse the City for a portion of the cost of acquisition of an Agricultural land preservation easement at 4884 Blackwater Road Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. L'hrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph March 22, 2011 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF 3 AGRICULTURE AND CONSUMER SERVICES TO 4 REIMBURSE THE CITY FOR A PORTION OF THE 5 COST TO ACQUIRE A PRESERVATION EASEMENT 6 7 WHEREAS, the Agricultural Reserve Program (ARP) Special Revenue Fund is 8 eligible for reimbursement from the State for a portion of the $331,714 cost of the 9 agricultural preservation easement for the Sisters I I, LLC property. 10 11 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That $106,432 is hereby accepted from the Virginia Department of Agriculture 15 and Consumer Services and appropriated, with estimated state revenues increased 16 accordingly, to the ARP Special Revenue Fund to partially reimburse the City for the 17 acquisition of a preservation easement. Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of March , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ r y s ffice CA11827 R-1 March 9, 2011 -44- Item C~ I.2. ORDINANCES ITEM # 60743 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to ADD and REORDAIN Article VII, Sections 21-700, 21- 701, 21-702 and 21-703 to .Chapter 21 of the City Code re automobile demolishers, rebuilders, salvage dealers, etc. effective June 1, 2011 Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph March 22, 2011 1 AN ORDINANCE TO ADD AN ARTICLE VII 2 TO CHAPTER 21 OF THE CITY CODE 3 PERTAINING TO AUTOMOBILE 4 DEMOLISHERS, REBUILDERS, SALVAGE 5 DEALERS, ETC. 6 7 SECTIONS ADDED: §§ 21-700, 21-701, 21- 8 702 AND 21-703 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Sections 21-700, 21-701, 21-702 and 21-703 of the Code of the City of 14 Virginia Beach, Virginia, are hereby added and reordained to read as follows: 15 16 ARTICLE VII. VEHICLE DEMOLISHERS, REBUILDERS, SALVAGE DEALERS, ETC. 17 18 Sec. 21-700. Daily reports to police department. 19 20 All persons engaged in a business requiring a license under the provisions of 21 46.2-1601 of the Code of Virginia shall make a daily electronic report to the police 22 department regarding the purchase, exchange or acquisition of all salvage or scrap 23 vehicles. 24 25 Sec. 21-701. Contents of daily reports; reporting time. 26 27 la) Each daily electronic report shall contain the information mandated for 28 maintenance under the provisions of 46.2-1608 of the Code of Virginia. 29 fib) Each daily electronic report shall be submitted to the police department no 30 later than 10:00 a.m. on the day after the vehicle purchase. 31 32 Sec. 21-702. Holding period. 33 34 No person required to be licensed under the provisions of 46.2-1601 of the Code 35 of Virginia, or his employee or agent shall crush, flatten, or otherwise reduce a vehicle 36 to a state where it can no longer be considered a vehicle until the vehicle has been in 37 his possession for 10 days unless otherwise exempted under Chapter 16 of Title 46.2 of 38 the Code of Virginia. 39 40 Sec. 21-703. Penalty. 41 42 Any violation of this Article shall be punishable by a fine of $2,500. 43 44 The effective date of this ordinance shall be June 1, 2011. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 22nd day of March, 2011. r -45- Item J. PLANNING ITEM # 60744 1. C & C DEVELOPMENT COMPANY, INC. 2. TOWN CENTER- MARKET STREET 3. ROBERT L. NELSON and BARBARA N. GRAY 4. KROGER LIMITED PARTNERSHIP S. WILDLIFE RESPONSE, INC. (WRI) 6. TAYLOR FARMS LAND CO., INC. 7. OCEAN BA Y HOMES, INC./ SILVER HILL CANAL, LLC 8. ROY E. BRINN, JR. 9. LEGACYDEVELOPMENT, LLC/ FLORIDAYS, LLC 10. APPEAL OF CITYMANAGER'S DENIAL SUDIVISION VARIANCE EXTEND STREET CLOSURE BLOCK 9 MODIFICATION OFA CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING/FLOODPLAIN VARIANCE SUBDIVISION VARIANCE/ FLOODPLAIN VARIANCE CONDITIONAL CHANGE OF ZONING RAYMOND L. GOTTLIEB RE 34-WIDE DRIVEWAY March 22, 2011 -46- Item J. PLANNING ITEM # 60745 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items 1, 2, 3 (DEFERRED INDEFINITELY), 4, S (DEFERRED INDEFINITELY), 6, 8, and 9 of the PLANNING BY CONSENT AGENDA: Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph March 22, 2011 - 47 - Item J.1. PLANNING ITEM # 60746 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, Variance to Section 4.4(b) of the Subdivision Ordinance for C & C DEVELOPMENT COMPANY, INC. to subdivide two (2) nonconforming duplex lots into three (3) single family lots at 5207 and 5215 Holly Road (GPIN 2418797339; 2418797480.) DISTRICT 5 - LYNNHAVEN The following conditions shall be required: The site shall be developed substantially in accordance with the submitted subdivision and layout plan entitled "Subdivision Variance Exhibit" dated 03/25/10 and prepared by WPL, Inc. and the rendering entitled "Proposed Street Elevation. " Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. If the Board of Zoning Appeals does not grant the required sideyard, when adjacent to a street, variance for proposed Lot 13-A-1, a revised layout plan and rendering must be submitted to the current Planning staff who will determine if this request needs to be referred back to the Planning Commission. Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph March 22, 2011 -48- Item J.2. PLANNING ITEM # 60747 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND compliance to March 24, 2013, on behalf of Town Center Associates, LLC to close, vacate and discontinue a portion of Market Street (Block 9) at Town Center (GPIN 1477-54-1429). DISTRICT S - LYNNHAVEN. The applicant is requesting additional time to complete satisfaction of conditions 2, 3, 4, S and 6. The following conditions shall be required: 2 The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verb that no private utilities exist within the right-of--way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of--way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. The applicant shall cause to be conveyed to the City any interest in adjoining subjacent air space that is no longer needed by reason of this street closure. In exchange, the City shall convey to the Development Authority the closed portion of Market Street together with the closed portion of subjacent air space, subject to the same terms and conditions set forth in those Deeds of Dedication recorded in the Clerk's Office of the Circuit Court as Instrument Numbers 200212313087765 and 200402100024237. S. Closure of the right-of--way shall be contingent upon compliance with the above stated conditions within three hundred sixty five (365) days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within twenty four months (March 24, 2013) of the City Council vote to close the right-oj=-way, this approval shall be considered null and void. 6. If required by the Public Works Department, the applicant shall relocate, in a manner satisfactory to the Public Works Department, the existing trafftc signal pole and any other signal equipment now located within the right-of--way proposed for closure. On March 9, 2010, the applicant previously applied for and was granted an extension of time to satisfy the conditions. March 22, 2011 -49- Item J.2. PLANNING ITEM # 60747 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• William R. "Bill " DeSteph March 22, 2011 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE MATTER OF 3 CLOSING, VACATING AND DISCONTINUING A PORTION 4 OF THAT CERTAIN STREET KNOWN AS "PORTION OF 5 MARKET STREET TO BE CLOSED AREA = 8 SQUARE 6 FEET" AS SHOWN ON THAT CERTAIN PLAT ENTITLED 7 "PLAT SHOWING PORTION OF MARKET STREET TO BE 8 CLOSED, VIRGINIA BEACH, VIRGINIA". (TOWN CENTER 9 -BLOCK 9) 10 11 WHEREAS, on March 24, 2009, the Council of the City of Virginia Beach 12 acted upon the application of Town Center Associates, L.L.C., for the closure of a 13 portion of Market Street and its subjacent air space at the southwestern corner of Block 14 9 at Town Center as shown on Exhibit "A"; 15 16 WHEREAS, on March 24, 2009 the Council adopted an Ordinance to 17 close the aforesaid street, subject to certain conditions being met on or before March 18 24, 2010; and 19 20 WHEREAS, on January 20, 2010, the applicant applied for and was 21 granted an extension of time to March 24, 2011, to satisfy the conditions attached to the 22 aforesaid street closure; and 23 24 WHEREAS, on February 25, 2011, the applicant requested an additional 25 extension of time to satisfy the conditions attached to the aforesaid street closure. 26 27 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 28 Virginia Beach, Virginia: 29 30 That the date for meeting conditions of closure as stated in the Ordinance 31 adopted on March 24, 2009, upon application of Town Center Associates, L.L.C., is 32 extended to March 24, 2013. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on this 35 ~,~day of ~~~~ , 2011. 36 37 GPIN:1477-54-1429 CA-11695 1\vbgov.com\DFS1 WpplicationslCitylawProd\cycom32\Wpdocs1D008\P014100009163.DOC R-1 March 9, 2011 APPROVE AS CONTENT: Plannin Department APPROVED AS TO LEGAL SUFFICIENCY: C~l~ G~h2~ City Attorney EX~-II~IT -Page 1 ~-~ 2 ~~ ~Q W v zo o °' '.Q W Q Q aZ ~o F¢- N ~~ a= z ~~ 5 ~~ ~~~ No °o ~ o~ o~ emu. ~~ 84.85' 18 i~ VIRGINIA BEACH BLVD 0 0 m BANK vf-i ST Y ~ z` ~ W~ Q o - o COMMERCE ~ ST a o ~ a ~ ~ a ~ SITE ~ w z t= °z COLUMBUS ST ~ z _~~ O U SOUTHERN BLVD LOCATION MAP -SCALE: 1" = 2,000' COMMERCE' STREET (81.' R/~Y~ ANO Un[ rr~ Ey NESS (/NST. ,~+200402060023049J ~irvsr. ,~200~021000242.~~) (FG3?MERI Y CLEI~£LANO SIREEJ (/NST. , f20p~04080055240J ~TypJ r-- -N 89'35'57" E ---~- 200 26' ~~ 3,474 5941037 _ I E 12,175,006.2284 _I E 12.175,206,4835 .T' SUB/ACENT A/R, SPACE (iNSr. ,~2002>23>.~o8»ss) ~/NST. ,~200402f000242.77J (iNSr. ,~2oa¢o4oaao5s2•aoJ ~~J TOWN CENTER BLOCK 9 (INST. X200402060023049) AREA= 44.062 SF OR 1.012 AC ! GPIN:1477-54-1429 o NOTE; MERIDIAN SHOWN HEREON IS BASED ON THE VIRGINIA STATE PLANE COORDINATE SYSTEM. SOUTH ZONE. 4~`~ NORTH AMERICAN DATUM 1983/1993 WARN (NAD 83/93, o° HARN) AND REFERENCED ?O VIRGINIA BEACH GPS z STAITONS "4737-'1744" & "4793". .. PRE!'10US h'/GHT-OF-IYAY DED/CAT10N ~ ('/NST. ,~R2pD¢O2p6.002.3049J SEE DETAIL 'A' l~ Q\~ ~~ll R ~ -OF-I•YAY DED/CA71pN S 44'35'53" W /NST. ,~200212.30.706s483J 10.38' _ h S 89'35'53" W -190.63 ~ '' pIN(F COLUMBUS STREET (V.4R {ylpJtl R/jy~ (ti/B' >10, PG ~ 12~ (/NST. 2D021230,308s48,3J REV AS PER CLIENT IKCR 1-26- Pi~(f) I I io ~o ~ N ~1 W~ o I ~~ O I Q ~ W ~ O O ~- e o~~ n plN~f) SHEET 1 OF PLAT SHOWING ENVIRONMENTAL SCIENCES •GEOSCIENCES PORTION OF MARKET STREET PLANNING • SURVEYING •ENGINEERING TO BE CLOSED •LANDSCAPE ARCHITECTURE 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23~ 757-490-9264 (OFC) 757-499-n~~d Ire PROJ. NO EXHIBIT A -Page 2 ®f CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA C1 25.00 10.78 5.48 10.70 S 12'42'36" E 24'42'36" C2 28.00 10.71 5.42 10.65 S 11'19'42" E 21'55'04" C3 25.00 3.42 1.71 3.42 N 29'01'48" W 7'50'21" r R~ "~ O~ ~o ~~ 0 jo WZh ~~~ w LINE TABLE LINE BEARING LENGTH Lt N 00'24'10" W 10.45 L2 S 89'35'53" W 2.02 L3 S 89'35'53" W 0.97 L4 S 00'24'10" E 3.00 LS S 89'35'53" W 11.08 L6 N 89'35'53" E 12.72 b SUBJACENT AIR SPACE TO BE CLOSED. I ~ :~ ® ~ AREA = 7 SQUARE FEET N o ® SUBJACENT AIR SPACE TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH. 18' z AREA = 36 SQUARE FEET ~l~ ~~~:~ ~: PORTION OF MARKET STREET AND 3'• Q~ PUBUC INGRESS/EGRESS AND UTILITY EASEMENT TO BE CLOSED. AREA = 8 r. SQUARE FEET N 00'24'10" W N l ~ PRENOUS 10.6 5' e~~ll~ ~ (/NST. ,~200212.1Q30864B~ L5 .~' SUB~fACENT A/R SPACE 2.28' (/NST. ,a!2a1'J212313087765~ (/NST. ,~2004021000242.~7J (/NST. ,~200404080055240J (TYPE N 89'35'53" E 3' PUBUC /NGRESS/~~PESS h AND UAL/TY EASEti LENT ~iNST. ,~P200212.~>3087765J (/NST. ,~200402>000242.77f (/NST. ,~200404080055240J (TYPE OETA/L A scAC~• i• _ ~o' ~•n of r,~ x naFR~ `~ NZC~- b9 SURVEy~ REV AS PER CLIENT IKCR I1-26-2 PLAT SHOWING PORTION OF MARKET STREET TO BE CLOSED SHEET 2 OF MSAzp. C ENVIRONMENTAL SCIENCES ~GEOSGIENCES PLANNING ~ SURVEYING ~ ENGINEERING LANDSCAPE ARCHITECTURE 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 234 757-490-9264 (OFC) 7.ri7-dUn_naz~ ~~.. -50- Item J.3. PLANNING ITEM # 60748 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance upon application of ROBERT L. NELSON and BARBARA N. GRAY T/A WEST LANDING MARINE for a Modification of a Conditional Use Permit (Condition No. 5 re launching personal watercraft) at 2748 West Landing Road. DISTRICT 7 - PRINCESSANNE Ordinance upon application of ROBERT L. NELSON & BARBARA N. GRAY T/A WEST LANDING MARINE, Modification of Conditional Use Permit, 2748 West Landing Road (GPIN 1492620072). DISTRICT 7 - PRINCESS ANNE Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• William R. "Bill" DeSteph March 22, 2011 -51- Item J.4. PLANNING ITEM # 60749 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of KROGER LIMITED PARTNERSHIP 1, re a Conditional Use Permit, for automobile service station (fuel sales), 4625 Shore Drive (GPIN 1479565947). BAYSIDE DISTRICT. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of KROGER LIMITED PARTNERSHIP I, re a Conditional Use Permit, automobile service station (fuel sales) , at 4625 Shore Drive (GPIN 1479565947). 8031137465 DISTRICT 4 -BAYSIDE The,following conditions shall be required: The site shall be developed and landscaped substantially in accordance with the submitted "Conditional Use Site Plan ", dated 11/29/10, last revised February 2011, and prepared by RLR Robertson Loia Roof Architects and Engineers. Signage depicted on the site plan is not approved. A separate sign package shall be submitted to the current Planning Division for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed canopy, fuel pumps and kiosk shall be constructed in substantial accordance with the submitted elevation "Kroger Fuel Center R-532 09-272 ", dated January 14, 2010. Signage depicted on the elevations is not approved. A separate sign package shall be submitted to the current Planning Division for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on f le in the Planning Department. 3. The applicant shall provide a photometric plan for review and approval by City staff. Canopy lighting shall not consist of drop-down or sag-lenses fixtures. Flush-mounted or full cut-off lenses shall be used for the canopy lighting. Canopy lighting levels shall be a maintained average of thirty (30) foot candles (fc). All lighting on the site should be consistent with those standards recommended by the Illumination Engineering Society (IES) along with the requirements of the City of Virginia Beach Lighting Ordinance. 4. The free-standing sign shall be monument style and limited to dimensions and location as allowed by the City Zoning Ordinance. All other Signage shall be limited to that which is allowed by the City Zoning Ordinance. Striping on the canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter (1/4) of the length of each side. Signage on the canopy shall not be externally illuminated. There shall be no other signs, neon signs or neon accents, installed on any wall area of the building, on the windows and/or doors, on the canopy or the canopy columns or light poles. S. There shall be no pennants, banners, streamers, strings of lights, portable signs, electronic display signs or `flag" style signs on the site. March 22, 2011 -52- Item J.4. PLANNING ITEM # 60749 (Continued) 6. The applicant shall install a sidewalk from Shore Drive to the entrance of the grocery store. There shall be no outdoor vending machines, ice boxes or the display of merchandise anywhere within the facility area. 7. The applicant shall provide, on the site, a hazard mitigation kit for fuel spills and an accessible telephone or notification system for emergency contact of the responsible party for the site. 8. A fifteen (1 S) foot minimum yard shall be required along all lot lines adjoining the Residential District. Category IV landscape screening shall be required within the yard area. Plantings should be innovative in terms of spacing, species, diversity and arrangement to allow variation for visual enhancement while separating uses. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-second day of March, Two Thousand Eleven Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph March 22, 2011 -53- Item J.S. PLANNING ITEM # 60750 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance upon application of WILDLIFE RESPONSE, INC., (WRI) re a Conditional Use Permit, for a Wildlife Rehabilitation Center, 3592 Indian River Road (GPIN 1483386300). DISTRICT 7 -PRINCESS ANNE Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph March 22, 2011 -54- Item J. 6. PLANNING ITEM # 60751 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon Application of TAYLOR FARMS LAND CO., INC. for a Conditional Use Permit re a borrow pit at 2297 Harpers Road (GPIN 2405665160) with access off Dam Neck Road. DISTRICT 6 -BEACH, BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of TAYLOR FARMS LAND CO., INC., re a a Conditional Use Permit, borrow pit, 2297 Harpers Road (GPIN 2405665160). DISTRICT 6 -BEACH 8031137466 The following conditions shall be required: 1. Renewal of the Conditional Use Permit is required after a five (5) year period. 2. The borrow pit shall be operated in a dust free manner. 3. Mitigation plans shall be required for filling of any floodplain prior to issuance of any permit. 4. No encroachments into existing easements shall be allowed. Access to drainage easements must be provided by the applicant over all outfall systems within this site. S. An excavation permit is required. 6. An Environmental Management Plan (EMP) that includes: a. Development of a water level monitoring program which utilizes at least three (3) shallow, fully penetrating, monitoring wells b. Monthly manual water level measurements collected and cataloged and quarterly assessment of field water quality parameters c. Development of a Recharge Plan that limits or reduces the quantity of groundwater discharges from the site d. Develop a water balance to include inflow and discharge calculations 7. No encroachment into natural drainage channels shall be allowed. 8. In accordance with the City's Public Works Standard minimum fib--foot (SO') right-o~ay reservation o~fteen eet (15') shall be required along Harpers Road. March 22, 2011 -55- Item J. 6. PLANNING ITEM # 60751 (Continued) 9. Dewatering of the pit shall be allowed and the following is required: a. a dewatering settlement basin shall be constructed to capture suspended sediment before discharge is released. 10. Restriction of the use of the section o Harpers Road located south of Dam Neck Road to the southern terminus Harpers Road at London Bridge Road as a haul road for trucks going to or from the borro wit A haul route will be submitted indicating this restriction in accordance with the Zoning Ordinance. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-second day of March, Two Thousand Eleven Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph March 22, 2011 -56- Item J. 7. PLANNING ITEM # 60752 Doug Chandler, 160 Grey Friars Chase, Phone: 647-9765, resident of Bellamy Plantation, represented the 264 homes of the subdivision. The residents are here not to oppose the project but to express concerns. As the project moves forward, the City must make every effort to ensure the Builder, Ocean Bay Homes, will, in fact, adhere to the requirements contained in the Proffers. The site plan will not reach the flood plain any further than listed in the approved site plans. The flood plain variance is one of the last defences with the flooding issues. Mr. Chandler referenced Proffer No. S Lee Barnes, 1625 Salem Road, Phone: 467-8890, registered in OPPOSITION, representing Associated Properties, adjacent property owner. In the original Proffers in 1997, there was to be a restaurant in the back portion of the property with mini-storage and two (2) lots for future business development. There is a potentially dangerous cut-through now. Mr. Barnes requested the ring road be extended. Information relative the application was distributed and is hereby made a part of the record. Attorney Edward Bourdon, represented the applicant. Upon motion by Councilman Dyer, seconded by Councilman Diezel, City Council ADOPTED, AS PROFFERED, Ordinances upon application of OCEANBAYHOMES, INC./SILVER HILL CANAL, LLC Change of Zoning from Conditional B-2 Community Business District to Conditional A-12 Apartment District at 1645 Salem Road (GPIN 1475842793; 1475749833; 1475757276). DISTRICT 1-CENTERVILLE, Comprehensive Plan -Suburban Area And, OCEAN BAY HOMES, INC./ SILVER HILL CANAL, LLC, Floodplain Variance, at 1645 Salem Road (GPIN 1475842793; 1475749833; 1475757276). DISTRICT 1-CENTERVILLE, Comprehensive Plan -Suburban Area BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA OCEAN BAY HOMES, INC./SILVER HILL CANAL, LLC, Conditional Change of Zoning, from Conditional B-2 Community Business District to Conditional A-12 Apartment at 1645 Salem Road (GPIN 1475842793; 1475749833; 1 4 75 75 72 76). DISTRICT 1 -CENTERVILLE Comprehensive Plan -Suburban Area. 20311252 And, OCEAN BAY HOMES, INC. /SILVER HILL CANAL, LLC, Floodplain Variance at 1645 Salem Road (GPIN 1475842793; 1475749833; 1475757276). DISTRICT 1 -CENTERVILLE Comprehensive Plan -Suburban Area. 20311253 March 22, 2011 -57- Item J. 7. PLANNING ITEM # 60752 (Continued) The following condition shall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. City Council requested the City Manager advise re stormwater discharge from canals into 60 foot pipes These Ordinances shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-second day of March, Two Thousand Eleven Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L.. Wood Council Members Voting Nay: None Council Members Absent.• William R. "Bill" DeSteph March 22, 2011 U ~ `,{ ~ _ --- J ,-J ~ U ~ Q ~ ~? y9~'~a ~ ~ i~ ~~,~ S Op OUR NPS~~N In Reply Refer To Our File No. DF-7840 TO: Mark D. Stiles FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: March 11, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Ocean Bay Hornes, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 22, 2011. I have reviewed the subject proffer agreement, dated September 29, 2010 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen;~ OCEAN BAY HOMES, INC., a Virginia corporation SILVER HILL CANAL, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of September, 2010, by and between OCEAN BAY HOMES, INC., a Virginia corporation, Grantor, party of the first part; SILVER HILL CANAL, L.L.C., a Virginia limited liability company, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of three (3) contiguous parcels of property located in the Centerville District of the City of Virginia Beach, Virginia, containing approximately 10.180 acres designated as Parcels 3-A, 2A-lA and 2A-2A, in Exhibit "A" attached hereto and incorporated herein by this reference. The three (3) parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the first part is the contract purchaser of the Property containing approximately 10.180 acres and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from Conditional B-2 Commercial District to Conditional A-12 Apartment District; and GPIN: 1475-$4-2793 1475-74-9833 1475-75-7276 Prepared By: PREPaReo Bv: R Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. Sl~:£S. B~iiIRDCI\'. 28i Independence Blvd. ~ AII£RN & LI~. P.C Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 s 1 WHEREAS, the Property is currently subject to certain proffered "covenants and PREPARED BY: At~t~~ ~ LEVI'. ~.c. s restrictions" affecting its commercial development under the B-2 Business District Zoning, said proffers being recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3759, at Page i~86 and in Deed Book 4216, at Page 1451 (the "B-2 Proffers") which will be vacated by the Grantee's approval of this change of Zoning District Classification and recordation of these Proffered Covenants, Restrictions and Conditions; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the party of the first part acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the parry of the first part has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-12 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the parry of the first part, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro c~uo. for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall .constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 2 1. When the Property is developed, it shall be as a residential condominium, substantially in accordance with the "DEVELOPMENT EXHIBIT FOR THE SEASONS AT SALEM, SALEM ROAD & LYNNHAVEN PARKWAY VIRGINIA BEACH, VA", dated September 29, 2010, prepared by WPL, which has been exhibited to the Virginia Beach Cit,~ Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). 2. When the Property is developed, it will be landscaped substantially as depicted. and described on the Concept Plan, with vehicular Ingress and Egress limited to one (~) entrance from Salem Road as depicted on the Concept Plan. 3. The total number of dwelling units permitted to be constructed on the Property shall not exceed thirty-two (32). 4. The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on the Concept Plan. 5. When the Property is developed, all undeveloped portions of the property lying outside the Grantee's existing Drainage Easement for Salem Canal and to the west and north of the improved areas depicted on the Concept Plan shall be preserved as Privately Owned Natural Open Space with a Conservation Easement deeded to the Grantee. The Condominium Association may use the Open Space Area for passive recreation (i.e. unpaved nature trails) without removing trees or filling in the flood plain. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such PREPARED BY: instrument provided that said instrument is consented to by the Grantee in writing as Q : Ste' S, pOURDON. ' ~~~' ~ LEVY. P.C. evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to i 3 the provisions of Section 15.2-2204. of the Code of Virginia, i95o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriatE~ action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be ~, appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions maybe made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. PREPARED BY: Q • S Y hiCS. ~oIJ~D®A'. -.'~~ ~I~R~' ~ LtV4'. ~.C. i 4 WITNESS the following signature and seal: Grantor: Ocean Bay Homes, Inc., a Virginia corporation . ~'~ (SEAL) ~;..b.~..-B ant STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 9 day of September, 2010, by Brian C. Large, President of Ocean Bay Homes, Inc., a Virginia corporation, Grantor. C'/D G~nL6y(/ Notary Public 7 ~~ ~~ -;; My Commission Expires: ~~ /~ Nota Re istration N • ~~~~~~ ~_ ~' g •.. ~ _ 2~Gi _ - -, . 1. *}' J», PREPARED 8Y: i SY~'_~S. ~OURDC~iV. :~3~~iV & LEVY, 4~.C. 5 PREPARED BY: Q ~ J~r~~s, ~~1~~~~~ d~ ~IEi~~' ~ LEVY. P.C. WITNESS the following signature and seal: Grantor: Silver Hill Canal, L.L.C., a Virgini~~~mitedliability company i' ~, By: ~.-i. ~ r , ~-..--t.~Ri. csEAL~ Richard ~-artzer, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~~ day of September, 2010, by Richard Waitzer, Managing Member of Silver Hill Canal, L.L.C., a Virginia limited liability company, Grantor. a 6 EXHIBIT "A" LEGAL DESCRIPTION PREPARED BY: Q ~ SYI~~S, p0L?RDO;~'. d~ tit-I~1~~~ ~ L£t'Y. P.C. Parcel 3A: ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, and the appurtenances thereunto belonging, situate, lying and being in the Kempsville Borough of he City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel 3A, as shown on that certain plat entitled, "RESUBDIVISION PLAT OF PARCEL 2A-1, 2A-2 & 13 CREATING PARCELS 2A-lA, 2A-2A, 3A AND 13A, SUBDIVISION PLAT OF PARCEL 2A, CREATING PARCELS 2A-1 & 2A-2 PLAT OF PROPERTY TO BE ACQUIRED FROM HENRY & JOSEPH OVERHOLT, TRUSTEES (DB 1629, PG 289) (DB 2786, PG 1201) KEMPSVILLE BOROUGH -VIRGINIA BEACH, VIRGINIA, (MB 267, PG 80-81)", and dated November 29, 2000, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 292, at Pages 52 & 53, to which reference is hereby made for a more particular description. GPIN: 1475-84-2793 Parcel 2A-lA: ALL THAT certain lot, piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Parcel 2A-lA (area = 242,273 SF, 5.561 Ac. GPIN: 1475-75-9833) as shown on that certain plat entitled, "RESUBDIVISION PLAT OF PARCEL 2A-1, 2A-2 & 13 CREATING PARCELS 2A-lA, 2A-2A, 3A AND i3A, SUBDIVISION PLAT OF PARCEL 2A, CREATING PARCELS 2A-1 & 2A-2 PLAT OF PROPERTY TO BE ACQUIRED FROM HENRY & JOSEPH OVERHOLT, TRUSTEES (DB 1629, PG 289) (DB 2786, PG 1201) KEMPSVILLE BOROUGH -VIRGINIA BEACH, VIRGINIA, (MB 267, PG 80-81)", and dated November 29, 2000, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 292, at Pages 52 & 53, to which reference is herby made for a more particular description. TOGETHER WITH right to a perpetual non-exclusive easement of right of way 40' in width as granted in Deed Book 3897, at Page 725, dated May 8, 1998, across Parcel 2A-2 of Map Book 267, Pages 8o and 81 and as further vacated and relocated by Map Book 292, Pages 52 and 53 across Parcel 2A-2A, formerly known as Parcel 2A-1 of Map Book 267, Pages 8o and 81. GPIN: 1475-74-9833 Parcel 2A-2A: ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, and the appurtenances thhereunto belcnging, situate, l,~ing and being in uhe Kempsville Borough of the City of Virginia Beach, Virginia, and being known, numbered and s 7 designated as Parcel 2A-2A, as shown on that certain plat entitled, "RESUBDIVISION PLAT OF PARCEL 2A-1, 2A-2 & 13 CREATING PARCELS 2A-lA, 2A-2A, 3A AND 13A, SUBDIVISION PLAT OF PARCEL 2A, CREATING PARCELS 2A-1 & 2A-2 PLAT O F PROPERTY TO BE ACQUIRED FROM HENRY & JOSEPH OVERHOLT, TRUSTEES (D:3 1629, PG 289) (DB 2786, PG 1201) KEMPSVILLE BOROUGH -VIRGINIA BEACH:, VIRGINIA, (MB 267, PG 80-81)", and dated November 29, 2000, which said plat is dul.~ recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, iii Map Book 292, at Pages 52 & 53, to which reference is herby made for a more particular description. TOGETHER WITH right to a perpetual non-exclusive easement of right of way 40' in widtl-~ as granted in Deed Book 3897, at Page 725, dated May 8, 1998, across Parcel 2A-2 of Maf~ Book 267, Pages 8o and 81 and as further vacated and relocated by Map Book 292, Pages 52 and 53 across Parcel 2A-2A, formerly known as Parcel 2A-1 of Map Book 267, Pages 8o and 81. GPIN: 1475-75-7276 H:\AM\ConditionalRezoning\OceanBayHomes\The Seasons at Salem\Proffer.doc PREPARED BY: • SYK~S. B~L~~ON, 8 -58- Item J.8. PLANNING ITEM # 60753 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances upon applications of ROY E. BRINN, JR. to subdivide the lot and allow an additional single family home at 3453 Robinson Road. DISTRICT 7 - PRINCESSANNE a. Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO). (GP/N 2412660458). b. Floodplain Variance for the driveway (GP/N 2412660458). The following conditions shall be required.• 1. The existing parcels shall be subdivided substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of the Property of Roy E. Brinn, Jr. "; dated May 12, 2009, and revised on September 29, 2010, prepared by Bonifant Land Surveyors. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virgi~aia Beach Planning Department. 2. 100 precept onsite mitigation is required for the gravel fill to accommodate the proposed driveway within the floodplain. 3. The proposed gravel driveway from Robinson Road to within 1 SO feet of the proposed dwelling must be a minimum of fourteen (14) feet wide and designed to support 75, 000 pounds of vehicle loading. 4. A ten (10) foot right-of--way dedication is required along Robinson Road to upgrade this roadway to an acceptable minimum SO foot right-of--way, These Ordinances shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-second day of March, Two Thousand Eleven March 22, 2011 -59- Item J.8. PLANNING Voting: 10-0 (By Consent) Council Members Voting Aye: ITEM # 60753 (Continued) Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph March 22, 2011 -60- Item J.9. PLANNING ITEM # 60754 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of LEGACY DEVELOPMENT, LLC/FLORIDAYS, LLC for a Conditional Change of Zoning from A-24 to Conditional PD-H2 with an underlying A-12 Apartment District at 4303 Bonney Road (GPIN # 1477829949) DISTRICT 5 - LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of LEGACY DEVELOPMENT, LLC/FLORIDAYS, LLC for a Conditional Change of Zoning from A-24 to Conditional PD-H2 with an underlying A-12 Apartment District at 4303 Bonney Road (GPIN # 1477829949) Comprehensive Plan - Suburban Area DISTRICT S - LYNNHAVEN 20311254 The following condition shall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-second day of March, Two Thousand Eleven Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• William R. "Bill " DeSteph March 22, 2011 BF„q~i. c~, ~~ ~~ H ~' Z i ..~ - ~~ ~ i ~: - _ ,~~ i 2 y99 ~~~ r 5 Op OUR NpS~ON In Reply Refer To Our File No. DF-7868 TO: Mark D. Stiles ~ FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: March 11, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Legacy Development, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 22, 2011. I have reviewed the subject proffer agreement, dated November 1, 2010 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen /' FLORIDAYS, LLC, a Virginia limited liability company LEGACY DEVELOPMENT, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1St day of November, 2010, by and between FLORIDAYS, LLC, a Virginia limited liability company, party of the first part, ,Grantor; LEGACY DEVELOPMENT, LLC, a Virginia limited liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of that parcel of property located in the Lynnhaven District of the City of Virginia Beach, containing approximately i.54 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is hereinafter referred to as the "Property"; and WHEREAS, the party of the second part as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from Conditional A-24 Apartment District to Conditional PD-H2 Planned Unit Development District with an underlying A-12 Zoning District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1477-82-9949 Prepared By: R Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & bevy, P.C. 28i Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 s 1 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PD-H2 and A-12 Zoning Districts by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro duo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: i. When the Property is developed, it shall be as a residential condominium, substantially in accordance with the "CONCEPTUAL SITE LAYOITT ENCLAVE AT TOWN CENTER 4303 BONNEY ROAD VIRGINIA BEACH, VA", dated it/oi/io, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City .Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). 2. When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to one (i) entrance from Bonney Road as depicted on the Concept Plan. Should the parcel which adjoins the eastern boundary of the Property be rezoned and/or subdivided, access to Bonney Road shall be shared and shall be shifted to the east to align with Thalia Road. Across access and shared maintenance easement shall be granted in favor of the i 2 adjoining parcel to the east (GPIN 1477-93-1003), along the shared property line prior to Site Plan approval, in order to facilitate future shared access. The party of the second part shall, prior to issuance of the first occupancy permit for a condominium unit in The Enclave at Town Center, deposit the sum of $3,000.00 in a reserve for replacement account with the Condominium Association to fund the Association's future removal, re-grading and seeding of the portion of the drive aisle which will be eliminated when the access is combined with the adjoining parcel to the east and realigned. In the event the parcel (GPIN 1477-93-1003) abutting the eastern property line of the subject Property is assembled with another parcel and rezoned for development without use of the shared access, the Grantee shall not object to the Condominium Association returning the $3,000.00 from the reserve for replacement account to the party of the second part. 3. The total number of dwelling units permitted to be constructed on the Property shall not exceed thirteen (13). Each dwelling unit shall contain a minimum of 1400 square feet of living area, and a one (1) car garage. 4. The architectural design and exterior building materials of the residential buildings shown on the Concept Plan will be substantially as depicted on the exhibit entitled "THE ENCLAVE AT TOWN CENTER Virginia Beach, Virginia", dated October 25, 2010, prepared by Looney Ricks Kiss (LRK) which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). 5. The dimensional requirements applicable to The Enclave at Town Center shall be as follows: • Minimum Distance from Dwelling to Edge of Curb on Interior Streets: Front Garage 20 feet Side of Dwelling 6 feet • Minimum Rear Yard and Side Yard Setback from Adjacent Properties East 6 feet South and West 18 feet • North 15 feet • Minimum Distance between Residential Buildings 8 feet 6. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The 3 Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. ~. The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios (fenced or unfenced), drive aisles, and parking areas are opens spaces which shall be utilized as such. Open spaces shall be rezoned to P-~ Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). S. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,195o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; b 4 and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the rnap the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 5 WITNESS the following signature and seal: Grantor: Floi-idays, LLC., a Virginia limited liability company By: (SEAL) Guy B. Liskey, anaging Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~ day of November, 2oio, by Guy B. Liskey, Managing Member of Floridays, LLC, a Virginia limited liability company, party of the first part, Grantor. 4 No ry Public My Commission Expires:~~ , 3 ~ ~ Z~ ~ ~ Notary Registration No.: 1 ~ 1 ~, °[ ~ - i , ' 6 WITNESS the following signature and seal: Grantor: Legacy Development, LLC, a V'u'ginia limited liability company '~ B <~-~~~ ~~.~ y . ,. (sEAL) Wayne osby, Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: /~, The foregoing instrument was acknowledged before me this `~ day of November, 2oio, by Wayne Crosby, Member of Legacy Development, LLC, a Vfrginia limited liability company, party of the second part, Grantor. My Commission Expires: ~v~ ~ 3 / ~ / ~ Notary Registration No.:~ ~ f ~' K ~ / ~`~ JQTE C~ G Public ~ N AAy ~~'~ 2 ~ +210188 ~'~ '12/3i/12 ~gcnioF~ EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land situate, lying and being near Thalia, in the City of Virginia Beach, Virginia, (formerly in Princess Anne County, Virginia), and being more particularly described as follows: BEGINNING at a point in the southern side of Bonney Road (formerly Old London Bridge - Norfolk Road), which point of beginning is 227.92 feet easterly from the southeastern intersection of Andrew Avenue and Bonney Road, and from said point of beginning thence running along the southern line of Bonney Road South 88° 55' E a distance of 5o feet to a point; thence turning and running South 6° 45' W a distance of 596.5 feet to a point; thence turning and running North 8~° 17' W a distance of 150.E feet to a point; thence turning and running North 8° 55' E 413 feet to a point; thence turning and running South 88° 55' E a distance of 84.8 feet; thence turning and running North 6° 45' E a distance of 18o feet to the point of beginning. Said parcel being all of Lot "A" as shown on the plat entitled "Property of Andrew Land, located near Thalia, in Princess Anne County, Virginia", dated June 26, 1951, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 29, at Page 29 and all of the parcel shown on the plat entitled "Property of Andrew Land, located near Thalia, Princess Anne County, Virginia", dated October 15, 1952, duly of record in the Clerk's office aforesaid in Map Book 32, at Page 68. GPIN: 1477-82-9949 \\Sykesw2k\users\AM\Conditional Rezoning\Legacy Development\Proffer.doc 8 -61- Item J.10. PLANNING ITEM # 60755 Raymond Gottlieb, 105 SO`" Street, resident for over thirty years, believed it was time to rebuild his SO- year old home at that site. Mr. Gottlieb submitted a site plan application to redevelop his property by removing the existing two-story detached two-car garage, two-story single family dwelling, 10' x 92' private driveway and 10' x 10' driveway/apron entrance (located in the public right-of--way) and replacing them with a proposed three-story single family dwelling, an attached three-car garage, a 3S' x 20' on-site concrete parking area, and a 3S' x 34' concrete driveway/apron entrance (located in the public right of way) to the street pavement. This project would eliminate three (3) parking spaces on SO`" Street that are currently available for public use. The site plan was disapproved by the Development Services Center because the proposed 35' x 34' driveway/apron entrance exceeded the maximum allowable driveway/apron width of 12'. Correspondence and a package containing the Development Plan and photographs are hereby made a part of the record. Mark Feltner, 1356 Pamlico Boulevard, Chesapeake, Phone: 338-6809, President -Virginia Coastal Access Now (VCAN), registered in OPPOSITION. VCAN strongly supports the City's position to not allow any further encroachment on the public right-of--way at the North End of Virginia Beach. Said letter is hereby made a part of the record. Public on-street parking at public beach access locations is the "access to the access ", Without public parking, beach access locations are merely a facade maintained to receive public funding for beach replenishment. Too much real public access has been lost at the North End by historical encroachments on public property. Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council DENIED APPEAL of the City Manager's decision to DENY the property owner's request in behalf of RAYMOND L. GOTTLIEB to construct a thirty four (34) foot wide driveway at 105 SO`h Street (pursuant to Section 7 of the Site Plan Ordinance)(GPIN # 24188879700000). DISTRICT S - LYNNHAVEN Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R "Bill " DeSteph March 22, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 A RESOLUTION PERTAINING TO THE APPEAL OF THE CITY MANAGER'S DECISION PURSUANT TO SECTION 7 OF THE SITE PLAN ORDINANCE FOR PROPERTY LOCATED AT 105 50TH STREET, OWNED BY RAYMOND L. GOTTLIEB WHEREAS, Raymond L. Gottlieb, (hereinafter, "the Applicant") submitted a site plan to the Development Services Center (hereinafter, "DSC") to redevelop his property at 105 50th Street; and WHEREAS, the site plan was disapproved because the proposed 35' x 34' driveway/apron entrance, located in the public right-of-way exceeded the maximum allowable driveway/apron entrance of 12'; and WHEREAS, the Applicant appealed this denial to the City Manager, who affirmed the DSC action; and WHEREAS, in accordance with the Site Plan Ordinance, the Applicant appealed these decisions to the City Council; and WHEREAS, the proposed driveway/apron entrance is located in the public right-of- way, and the Site Plan Ordinance and the Public Works Specifications and Standards do not give the Applicant the right to have a 35'/34' wide driveway/apron entrance on public property; and WHEREAS, the elimination of three currently available public parking spaces with the driveway/apron entrance in close proximity to the public beach is in direct conflict with the City's policy of preserving public parking in the beach areas. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the appeal of Raymond L. Gottlieb for property located at 105 50t" Street, in regard to the width of the proposed driveway/ apron entrance is denied. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22naday of March , 2011. APPROVED AS TO CONTENT _/ anning Department APPROVED AS TO LEGAL SUFFICIENCY: W V City Attorney's Office CA11775/R-1/January12, 2011 ~- ~~ W Z~ Z ^^... '~"'i ,/ f _~ • 'F - - f til J ~' ~ ~i ,~, ,~ - t ~ _ i 55 _ _ r 1~ 1 1 ~ _ ~4 ~! ~ i ': t i i~ i f i ~ r ~, ' / 1. i ~ // % - '~ ~, - r ~ r It_ ~ = ti~ ~' ~. ti _ ~4 J. t - - - -- ~~ ~? r 'i Y i S' _ s 4 - ~ r i _ r c . - t~ `t ti _ _ ~ ~ ~` ~` - Y'J ~, f ~ ~ _ - ,f '~ _ , ~ ~ __ . _ ~; ti '~ - ~ / - 1 ti __ - = ti - "~~ t- ~ - ~, ~r - _- ~ -• - •. _ ~ ..., ` ~ / f~ 1 t- } ~ . t; '~ ~ ~'~ -- - t l r ~ '~~ ~ - ~ ''~ , 1 _ ~ _ ;J t sJ ~, - _ _ 4 _ -5 _ ~ i ~-_. - t- S ~ - i ' ~- j' ~~ II _ I ~i _ .~ -- - __ - ~~ - t ~~.__,- S l- ~ __ _ r~ 1 t ~~ '" -} s i i -62- Item K.1 APPOINTMENTS ITEM # 60756 BYCONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF ZONING COMMUNITY SER VICES BOARD March 22, 2011 -63- Item K.2. APPOINTMENTS ITEM # 60757 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Josh Prueher, Chair No Term ENERCYADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: William R. "Bill " DeSteph March 22, 2011 -64- Item K.3. APPOINTMENTS ITEM # 60758 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Guia Caliwagan Unexpired term thru 03/31/2013 HEALTH SERVICES ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• William R. "Bill " DeSteph March 22, 2011 -65- Item K.4. APPOINTMENTS ITEM # 60759 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Mohammad A. Karim Three year term 04/Ol/2011- 03/31/2014 HUMAN RIGHTS COMMISSION Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph March 22, 2011 - 66 - Items N. ADJOURNMENT ITEM# 60760 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:45 P.M. -------- - ----------------- Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia ~~( William D. Sessoms, Jr. Mayor March 22, 2011