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HomeMy WebLinkAboutJULY 12, 2011 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM U. SESSOMS, JR., At-Large VICF. MAYOR LOUIS R. JONES, Bayside -District d Gl.h'NN R. DAMS, Rose HaU -District 3 WILLIAM 1Z. DeSTEYH, At-Large Fl,9RRY li. DIF.ZEL, KempsviIle -District 2 R(IBERT M. UYER, Centerville - Distric! l BARBARA M HENl.h,7 Princess Anne -District 7 JOHN E. UHRIN, Beach -District 6 ROSEMARY WILSON, At-I arge JAMES 1,. WOOD, I,ynnhaven -District 5 CITY COUNCIL APPOINTEES C17'YMANAGEIZ JAMF,SK. SPORF, CI'TYA770RNEY MARK D. STILES CITYASSF,'SSOR JERALDD. BANAGAN CITYAUDITOR-LYNDONS. RF,'MlAS CITY CLERK RUTHHODGESF'RASER,MMC CITY COUNCIL AGENDA 12 JULY 2011 C/TYHALL BUILDING 240! COURTHOUSE DR/D'E ~/RGINIA BEACH, V/RG/N/A 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MA/L: Ctycncl@v6gov.can I. CITY MANAGER'S BRIEFINGS -Conference Room- 2:00 PM A. ROSEMONT STRATEGIC GROWTH AREA (SEA) MASTER PLAN Paul Ostergaard, Executive Vice-President, Urban Design Associates B. OPSAIL 2012/BLUE ANGEL EVENT James Ricketts, Director Convention and Visitors Bureau CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW CITY COUNCIL AT-LARGE VACANCY A. PUBLIC INTERVIEWS -Council Chamber- 3:00 PM INFORMAL SESSION -Conference Room- 5:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large V/CE MAYOR LOUIS R. JONES, Bayside - District 4 GL/zNN R. DAV/S, Kose Hal! -District 3 WII././AM R. DeSTBPH, At-/,arge HARRY E. DIEZEI„ Kempsville -District 2 ROBE'X'I'M. DYh'X, Centerville -District l BARBARA M. HF.NI.EY, Princess Anne -District 7 JOHN F.. UHRIN, Beach -District 6 ROSh.'MARY WI/.SON, At-Large JAMES l.. WOOD, l.ynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - .JAMES K SPORl,' CITYAY70RNEY-MARK D. ST//.F,S CI TY ASSESSOR - JERALD D. BANAGAN CITYAUDI'TOR ~LYNDONS. REMIAS 12 JUIy ~,QI1 CITY CLERK -RUTH HODGES ERASER, MMC CITY COUNCIL CANDIDATES AT LARGE VACANCY ~..1 ' / wQ i q+i 04 f7 ~~ OIIR NPS~O~~ C/TY HALL BUILD/NG 2401 COURTHOUSE DRIVE V/RGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MA/L: Ctycncl@vbgov.com Public Interviews Council Chamber 3:00 PM Carray Banks, Jr. Tanya Bullock Dennis E. Free John D. Moss Amelia N. Ross-Hammond Prescott Sherrod VI. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Father James Parke Pastor Holy Apostles Catholic 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 2. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION 1. THE MAYOR' S YOUTH LEADERS IN ACTION (MYLA) Nicky Vasquez, Coordinator I. PUBLIC HEARING 1. LEASE OF CITY-OWNED PROPERTY 825 18th Street (Lighthouse Center) J. CONSENT AGENDA June 28, 2011 July O5, 2011 K. ORDINANCES/RESOLUTION 1. Ordinance to DESIGNATE Woodstock Elementary School as the temporary polling location for the College Park Precinct only for the Primary Election on August 23, 2011 2. Resolution to DIRECT the Beaches and Waterways Commission to recommend options for a Comprehensive Policy on funding sand replenishment Ordinance to AUTHORIZE the City Manager to enter into a Lease with Volunteers of America Chesapeake, Inc. ("VOA") re the Lighthouse Day Services Center for the Homeless building at 825 18`h Street. DISTRICT 6 -BEACH 4. Ordinance to EXTEND the date for satisfying conditions in behalf of Claire L. Friedberg re the closure of an unimproved portion of Loretta Lane West of Millers Lane (DISTRICT 6 -BEACH) (approved/conditioned by City Council July 13, 2010) Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property for STEVEN D. and DEBRA H. EIB to maintain an existing pier, wood steps and dock and construct and maintain a proposed rip rap revetment in a portion of the canal at 2504 Las Corrales Court. DISTRICT 7 -PRINCESS ANNE 6. Ordinance to AUTHORIZE the City Manager to execute an Agreement with the Patriotic Festival, LLC re a Blue Angels Air Show and APPROPRIATE $114,000 estimated revenue and TRANSFER $177,000 from the Tourism Investment Program Fund (TIF) Reserve for Contingencies and Event operating costs to the Convention and Visitors Bureau FY2011-12 Operating Budget 7. Ordinance to MODIFY the financing sources in the FY 2011-12 Capital Budget: a. $2,821,470 Interest Income b. $1,131,804 State Lottery proceeds c. $ 540,226 sale of School-owned property d. $ 6,500 Virginia Public School Authority Loan Subsidy Premium Ordinance to AUTHORIZE afull-time Neighborhood Services Coordinator to promote the Neighbors Helping Neighbors program and TRANSFER $92,000 from the General Fund Reserve for Contingencies to the City Manager's Office 9. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $240,000 in Admissions Tax revenue to the FY2011-12 Tourism Investment Program (TIF) re expanding the seating capacity and other amenities of the Sportsplex b. $70,630 refund from State Fire Programs revenue and $932 from Dominion Virginia Power re Fire Training Center Improvements -Phase III c. $800,000 from the Sheriff's Special Reserve account to provide pay increases for the Sheriff s personnel d. $43,820 from the Federal Juvenile Accountability Block Grant with a local match re a part-time position for the Virginia Beach Court Service Unit e. $10,918,000 from VDOT re enhancements to various roadway projects f. $372,100 from the General Fund Reserve for Contingencies to Public Works re an emergency generator for the Field House L. PLANNING 1. Application of OLD DONATION ASSOCIATES, LLC for a Modification of Condition No. 1 on the Conditional Use Permit to allow 72 beds at 1853 Old Donation Parkway. DISTRICT 5 - LYNNHAVEN (approved by City Council on July 18, 2006) RECOMMENDATION APPROVAL 2. Application of ROSE and DOUGLAS CHANDLER for a Conditional Use Permit re residential wildlife rehabilitation at 1620 Grey Friars Chase. DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 3. Application of LAWSON HALL ASSOCIATES, LLC for a Modification of Proffers Nos. 2 and 4 of the Conditional Change of Zoning at 5525 Lawson Hall Road. DISTRICT 4 - BAYSIDE (approved by City Council on May 23, 2006) RECOMMENDATION APPROVAL without the four-way stop 4. Application of TOWNE DEVELOPMENT CORP. /COURTHOUSE SELF-STORAGE ASSOCIATES, LLC. for a Change of Zoning District Classification from B-lA Limited Community Business to Conditional PD-H2 Planned Unit Development and underlying R- SD Residential District at 2504 North Landing Road DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 5. Application of TOWNE DEVELOPMENT CORP. for a Change of Zoning District Classification from AG-1 Agriculture to Conditional PD-H2 Planned Unit Development and underlying R-SD Residential District at 2504 North Landing Road DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 6. Ordinances to AMEND the City Zoning Ordinance (CZO) re: a. Sections 502 and 602 re setback requirements for certain accessory structures in the R- SD, R-SR, R-2.5 and Apartment Zoning Districts b. Section 801 re accessory uses in the Office Zoning Districts c. Sections 801, 901 and 1001 re religious uses RECOMMENDATION APPROVAL M. APPOINTMENTS 1. CANDIDATE TO FILL AT-LARGE CITY COUNCIL SEAT 2. BOARDS AND COMMISSIONS BAYFRONT ADVISORY COMMITTEE COMMUNITY MEDICAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HISTORICAL REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW and ALLOCATION COMMITTEE (COG) N. UNFINISHED BUSINESS O. NEW BUSINESS P. 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 CITY COUNCIL RETREAT FRIDAYAUGUST 5, 2011 8:00-S:OOP.M. ECONOMIC DEVELOPMENT CONFERENCE ROOM NATIONAL NIGHT OUT OCTOBER 4, 2011 Agenda 07/12/2011 gw www.vb og v.com -1- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 12, 2011 Mayor William D. Sessoms, Jr., called to order the CITYMANAGER `S BRIEFING re ROSEMONT STATEGIC GROWTH AREA (SGA) MASTER PLAN, in the Council Conference Room, Tuesday, July 12, 2011, at 2:00 P.M. Council Members Present.• Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• None July 12, 2011 -2- CITY MANAGER `S BRIEFING ROSEMONT STRATEGIC GROWTHAREA (SGA) MASTER PLAN ITEM # 61083 2:00 P.M. Jack Whitney, Director of Planning, advised the Rosemont Strategic Growth Area (SGA) Master Plan, (Number 5 of 8) will be voted upon at the Planning Commission meeting July 13, 2011, and then will be scheduled for City Council sometime in August 2011. The staff is in the midst of preparing a schedule, as well as a sequence for the remaining three (3) SGA's (Strategic Growth Areas. Those should be completed and adopted by the end of 2012. Mr. Whitney introduced Paul Ostergaard, Executive Vice President -Urban Design Associates. Mr. Ostergaard and his team have been responsible for the majority of the SGA 's and related efforts. This has entailed a three (3) phase process and has been ongoing for approximately nine (9) months. The staff is at the end of Phase 3 (Choosing what to do) re developing a final set of recommendations for the Rosemont Strategic Growth Area. The Market and Mapping Analysis was summarized and is hereby made a part of the record with the Master Plan. Regional Projections 1. i~irginia Beach's regional share of the office and residential markets has begun to decline 2. Office Projections: 3. Residential Capture Projections: up to 3. S-MILLION square feet 17,000 - 30,000 new households by 2030 4. 59% of recent residential growth has been in 1 and 2 person households 5. Only SO% of 30,000 new unit demand will be for detached single family homes; 25% will be `for-sale" townhouses and condominiums ,and 25% will be rental apartments Rosemont Positioning 1. Rosemont is one of the few remaining places in the City, outside of Pembroke, that is ideal for capturing higher-density residential growth 2. Rosemont can become a "transit-ready" residential village, providing attainable housing that attracts young, well-educated "Generation y" households and Boomers looking to downsize 3. Key properties in Rosemont can be redeveloped into mixed-use environments with Community-serving retail and amenities. 4. Large scale office development is not as desirable in Rosemont, as it would directly compete with Pembroke and Town Center. July 12, 2011 -3- CITY MANAGER `S BRIEFING ROSEMONT STRATEGIC GROWTHAREA (SGA) MASTER PLAN ITEM # 61083 (Continued) Market Potential Yield in Plan Townhouses 1,750 units 757 units Mid-rise Condominiums 800 units 650 units Mid-rise A artments 2,450 units 1,183 units Nei hborhood Retail 165,000 s uare eet 265,250 s uare eet O ace 0 s uare eet 171,1 SO s uare eet Assumes about 250 acres of Redevelo ment land Assumes about l36 acres of Redevelo ment land Design Principles 1. Transition from strip commercial uses to mixed-use development that emphasizes townhouses and multi family residential 2. Create a new Neighborhood Center for Rosemont 3. Improve pedestrian and trail facilities to connect neighborhoods to potential future transit and Neighborhood Centers 4. Create a new street and block structure to accommodate development and improve mobility 5 .Require sustainable development practices 6 .Develop a set of design guidelines and standards for development of proper land use, streets and open spaces Building Types ..,~ ~:~ J ~. '` r ~~. f~.. -~ .i ` rjf ~ .~ ~' >r ROSaIrtRN g 5tYfWn6ed by rwnu>rOUS res~xttiai rtrJgfNxxlxtats. Dart of Ute R06e1'itpU hkfSG?r `F1&t K iq Stitch tl rxayt&x>rixxxJs WgeUxr willr addttxxtafSitgk±{arnU, delacllCd arW atGRtted hwsuty. i~~ ~ ~ ~ ~~~~~~ ,` r ~,' ~ r.;ct~li. .ac 4''. ' t;~~ _ .: ,~~ '' _ ~ . _ r, _ =.J Wrih the pNrxted KrgxovertterAs W hwtt vetticulAr ar'd nwss transit nptxau, rtwlll£amiy houswtg wki cmtYrue FO bean mpOrtvN ccRr4xnrerrt W Ute sprxinan Of Ixxsiixj dterecl it the area. ApartirxWs drR1 CDrRkMtitrtlFPtS tali L3rc~ely he 3 arul M1 staWS Yr hek,~it. 'itrlne 6utltlirgs are focused araRd Ute prgrased visage censer, IrLr511 statim, and Ros~errtatt ROiR1. T}><.y are pulled cbse ro the street W prarwte a pedaViiurtriurxUy 4~iwonnrerti arcf range horn T W 5 5tl11te5 Nt lic~gtrt. ...'7 ii1 ~ ltx Office and irtF[autfara3 tRildirtgs that brace here wfU set a new starR6vd ur ernmmterttal cµtkky, troth in builsUng techtWOgY and ttx NKIIXI(' a1Rl (R$t1UI.N' Spa(xs Ux'y 4Yea[e. 9 1 ~ i IN; w~.~i[t Tl'Ie iflCtbaSed latxf VAX1C5 ChfnRtj) trim the MV151hIKY1 transdf corrkbr will make swctured t~k'v>h a vWbfe and necessary corryraene+R W tlevelcynrrent. There stnrctcees sirarfd be auy W acrPSS Wt scrurned arcttitecttxalty wdlt farads ttti'"atrr~erxs and btt~dings vhtereva pnssard. July 12, 2011 A' ~ L Q _ _ W - L q S '~ - - '~ V ~ - - _ i 7 Q i ,1 c~ W - C S .J A _ _ _ c W [J P ~. << ~~ ~' 1 T _ ~ L '~ d , ti L ~ _ ~ i ~ G ~ ^ ~ Y `L L y L ~ V ~~ U ~ ~ tl ~ - - r„ 3 M k= w 4 ~ _ _ r~ ~ ~, 4 - 4 u P C~ u y c ~ t u ~ u w i ~ ? ~ C ~ U ~ U ~ ~ s ~~ u ~ ~ ~~ ~ ~ ~ ~ ` L ~ ~ ~ ~ ti ~ ~ y 1 k _ ~ ~ ~ ~ / y ~ Y "'~ "t C , V ` ~ ~ _ C ~ -~ • ~ s .„ _ ~ ~ ~ c u ~ - J u '9 ~ ' v ~ r .'~ - G ` y ~ k Y y 4 ~ J a „ ~. .. y . ~ G `y ~ : C . ~ U ~ _ a Ii - ~ - - - ~ z - ti - e ~ e J ~ 4 - ~ - - - ~ U H ^ _ W ~ 1; ~ W c - Ja u ~ _ ~= -~+ a a W x O U .a U U z w d w a N w U ~i z w Q z x -4- CITY MANAGER `S BRIEFING ROSEMONT STRATEGIC GROWTHAREA (SGA) MASTER PLAN ITEM # 61083 (Continued) Possible Implementation Tools 1. Changes to zoning, such as overlay zones and zoning tying to permitted/prohibited uses to physical forms 2. Special Assessment Districts 3. Tax Increment Financing (I'IF) 4. Business Improvement Districts S. Parking Management Strategy 6. Tiered Incentive program for Private Developers Next Steps Adoption Process for the Rosemont SGA plan Revisit zoning and subdivision regulations to permit rebuilding of SGA 's Establish implementation and positioning strategy for all SGA 's Create necessary development entities to enable public and private investment Include Sentara Way Flyover into Capital Improvement Projects Build remainder of Phase 1 public improvements in Capital Improvement Program (CIP) Conclude due diligence on LRT (Light Rail Transit) Station Study feasibility and build Virginia Beach Boulevard into Capital Improvement Program Responses to Council Members Davis' and DeSteph's comments are hereby made a part of the record. July 12, 2011 -5- CITY MANAGER `S BRIEFING ROSEMONT STRATEGIC GROWTHAREA (SGA) MASTER PLAN ITEM # 61083 (Continued 1. Can Strategic Growth Area Master Plan still be accomplished without transit? Yes. However, the premium of brining transit accelerates redevelopment. The new street network is key. 2. Is HRT's proposed location of a transit station in Rosemont within the triangular parcel with the billboards the correct location? This is the most feasible location for an at-grade transit station. This is much more sign ordinance issue than a transit issue. 3. A weakness identified during the SWOT analysis is traffic congestion. But, the Master Plan is proposing an increase in density in this area and potentially reducing Virginia Beach Boulevard URS analysis shows that the change and rebalancing of land use coupled with an improved street network absorbs the growth well. 4. Does the rerouting of I-264 traffic in the proposed interchange reduce visibility of VBB retail and the Birchwood SC? Potentially, the Plan inherited a 2005 FHA-accepted plan and presented conceptual alternatives. The planning process was asked not to address what the I-264 interchange configuration should be but to outline what the necessary preconditions of an interchange reconfiguration must entail. July 12, 2011 -6- CITY MANAGER `S BRIEFING OPSAIL 2012/BLUE ANGEL EVENT ITEM # 61084 2:52 P.M. James Ricketts, Director -Convention and Visitors Bureau, advised Captain Patrick C. Burns, USN, Director -Commemorations, has been invited to discuss the National significance of the Navy's cornmemoration of the War of 1812, as it relates to the Navy Blue Angels and the events contained on City Council 's Consent Agenda: K 6. Ordinance to AUTHORIZE the City Manager to execute an Agreement with the Patriotic Festival, LLC re a Blue Angels Air Show, APPROPRIATE $114, 000 estimated revenue, TRANSFER $177, 000 from the Tourism Investment Program Fund (TIF) Reserve for Contingencies and Event operating costs to the Convention and Visitors Bureau FY2011-12 Operating Budget; and, Ordinance to TRANSFER $65, 000 to the SGA Office for parking activities related to the Blue Angels Air Show Captain Burns advised the 2008 Gallup Poll reflected only 9% of the public was aware of the Navy's duties. July 12, 2011 - 7- CITY MANAGER `S BRIEFING OPSAIL 2012/BL UE ANGEL EVENT ITEM # 61084 (Continued) The good news is 80% of the public wants to know more. The War of 1812 "America's Second War of Independence " •War (1812-1815) between the British and Americans that started over maritime and naval disputes •Included naval battles in North America, off South America and Great Britain, and in the Pacific and Indian Oceans •Included burning of Canadian Parliament at York (now Toronto) and American government buildings in Washington (including White House, Capitol and Washington Navy Yard) •Shelling of Baltimore's Fort McHenry led Francis Scott Key to write the "Star-Spangled Banner" July 12, 2011 ~l -8- CITY MANAGER `S BRIEFING OPSAIL 2012/BL UE ANGEL EVENT ITEM # 61084 (Continued) Guidance Executing the 1812 Commemoration Utilize the forthcoming War of 1812 Bicentennial as a lever to jumpstart interest in naval history and heritage, ... "OSD Memo for SECNAV 2DEC08 "Director, Naval History & Heritage Command shall: Serve as the supported command for the War of 1812 Bi-centennial commemoration." OPNAV Inst. 5726.1 Outreach: America's Navy "Foster and sustain cooperative relationships with more international partners. Expanded and cooperative relationships with other nations will contribute to the security and stability of the maritime domain for the benefit Of all. " A Cooperative Strategy for 21 SrCentury Seapower "Homeland defense is the most obvious example of the requirement for greater integration." A Cooperative Strategy for 21st Century Seapower "If it wasn't for your Navy events -this ~9/11J response would have been so much harder." RADM Richard Bennis USCG, at Ground Zero NYC 9/12/2001 Referring to the training and exercises conducted for Navy events in NYC( NYC Fleet Weeks & INR 2000 impacted the 9/11 response. ) We Have Done This before... Singular USN Maritime Events for Transient Impact July 12, 2011 -9- CITY MANAGER `S BRIEFING OPSAIL 2012/BL UE ANGEL EVENT ITEM # 61084 (Continued) The United States Navy has a enduring legacy of hosting major maritime events throughout the history of our Nation: -NYC: INR 1945, 1964 World's Fair, 1976 Bicentennial, 1986 Liberty 100, 2000INR / OpSail - The Millennium Celebration -Boston: 1997 USS CONSTITUTION 200th Birthday. -Hampton Roads: INRs: 1893, 1907, 1921, 1957. Recent events have occurred on approximately a 1 D-1 Z year cycle Why This? Why Now? •9% of American public knows what the US Navy does -last among the Services •80% expressed a desire to learn about the US Navy •The most effective form of COMREL is Sailor-to-Civilian interface •Large-scale events are the best opportunity to "move the needle " -best ROIx •These type of events occur approximately on a 10-12 year cycle ! ~ -INR 1945, 1964 World's Fair, 1976 Bicentennial, 1986 Liberty 100, 1997 USS CONSTITUTION 200th Birthday 2000 INR / OpSail -The Millennium Celebration July 12, 2011 -10- CITY MANAGER `S BRIEFING OPSAIL 2012/BL UE ANGEL EI~ENT ITEM # 61084 (Continued) War of 1812 Commemoration SECNA V Guidance "Utilize the forthcoming War of 1812 Bicentennial as a lever to jumpstart interest in naval history and heritage..." -September 2008 SECNAV Advisory Subcommittee on Naval History Report Recommend that the Secretary of the Navy request that Navy's Office of Legislative Affairs support congressional legislation to use the 2012-2015 period for a national celebration of the Bicentennial of the War of 1812. This will present opportunities for educational outreach on this story in which the Navy played a key role. Ensure effective funding for the timely publication and completion of the Naval Historical Center's The Naval War of 1812: A Documentary History. Ensure the availability of the USS Constitution for participation in bicentennial events. Encourage international cooperative participation by the Royal Navy, the Canadian Navy, and the United States Navy in commemorative events, historical symposia, lectures, and exhibits. Partner historic ships with modern warships to explain naval events in the War of 1812 Create a traveling exhibit for public education on the naval War of 1812 Provide funding for the preservation, conservation, interpretation, and display of historical artifacts relating to the naval War of 1812. Authorize the Director of Naval History to examine possibilities to establish a Navy Art Gallery in the facility adjacent to the Navy Memorial on Pennsylvania Avenue in Washington, DC, home of "The Lone Sailor." During the Bicentennial period, use a Fleet Week in Chicago to open a revitalized Great Lakes Recruit Training Command Naval Museum and make port visits at other key Great Lakes cities. NHHC Commemorations Office Stood-up and Assumed Planning Lead in October 2009 July 12, 2011 -11- CITY MANAGER `S BRIEFING OPSAIL 2012/BL UE ANGEL E i~ENT ITEM # 61084 (Continued) Ground Work and Socializing 1812 Major National and International Non-profit -Partners L~Partner with OpSail: -OpSail has partnered with the USN in 1964 World's Fair, 1976 Bicentennial, 1986 Liberty 100, and 2000 INR/OpSail -The Millennium Celebration -greatly enhancing the majesty, public interest, and historical context of these events. -Operation Sail is a national non-profit organization dedicated to sail training and promoting goodwill among nations. QPartner with the International Council of Air Shows: -ICAS has partnered with the Snowbirds & Blue Angels with great success. -Blue Angels /Aviation participation will be held in conjunction with NYC, Baltimore, Norfolk /Hampton Roads, Boston, New Orleans and Toronto and the Great Lakes Region. QPartner with the Navy League: -To foster and maintain interest in a strong Navy, Marine Corps, Coast Guard and Merchant Marine as integral parts of a sound national defense and vital to the freedom of the United States. -To educate and train our youth in the customs and traditions of the Navy, the Marine Corps, the Coast Guard and the Merchant Marine through the means of an active and vigorous Naval Sea Cadet Corps. C~JPartner with the Naval Historical Foundation: -To portray the role of sea power in the development of the United States. -The Foundation's principal purpose is to educate Americans about the history and importance of United States sea power, and about the contribution and sacrifices United States Navy men and women have made while protecting our freedom and preserving democracy in peace Maximize Use of Existing Partnerships I July 12, 2011 -12- CITY MANAGER `S BRIEFING OPSAIL 2012/BL UE ANGEL EVENT ITEM # 61084 (Continued) Virginia Beach - USO Patriotic Festival July 12, 2011 ~~~ .~;. ~~ ~f ~~~. ~:; y ~ ~~~ ,~;~ o ~: -~ ~ L Vi r~ ¢ i:+ V ~ N Y v N ~ `- ~ 7 ~ N ~ TL C ~ p ~ ~ ¢ U d ~" tL cv ~ ~ ~ Z v m = Z M ~ Q ` G ~ v m `~ i ~ c n ~- v i ''~`' 'IF ~l~ `~ri W aa... hf i ~~ fi~~ k' Y #~: d r ~' a~ P $ ~ ~ ~_ i ~ ~ 6 k ~ ~ ~ ~ t . _ ~ a & r ". ~ ii ~ i 4i ~.~ d Y ~ & g , =a.~ N N U G r _~~ i r~ I `i+.~ `F~.~ ' ~.... o~ ~•. 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U ~ O O_ ~i O 1- ~ z W ~ °d p O Q ai ~ a- 0 ~ O h ~ W W p j I ca ` O I- ~ ~ N ~ ~~<n<nUMp ?Jj~2`U t :>».~: a v .y U z o w ~ ~ ~ y ~ O Z o ai ~ z W W Q c W Q O ~8 V W O ...~ ~ ~ ~ v.. ~ _ ~ ~ j y `ayi aYi 4, j ti W m Q ,G ~~ O ~v~j Sc z O ~ O R~. Z 2`= 2 W U 2 I i ~ ap I Q U O 2 ~`" ~ J Q J ~ UQ ~ O `^ Q Oc~^ -. m W >- co O? v U ~~ -~ `LL~j U' Y NUQ O ~ O z V O U ~- I- .~ o ~ W O aZO ~ ~ Z O I- U cY O v~i00 0~ 2 W z~~ .~ W~ w W O O ~„ °~ Q ~ Z 2 azp ~ O ~ ~ vQi ~ ~ O tip= O v> ~ ~ M U U V 2a~j.~7. ~Q~~T= U ... 0 N .i~r~. L'I -13- CITY COUNCIL COMMENTS 2:40 P.M. ITEM # 61085 Mayor Sessoms distributed correspondence (signed by Members of City Council re protecting the Chesapeake Bay to Congressman E. Scott Rigell.) Said correspondence is hereby made a part of the record. July 12, 2011 City of Virgiri.ia Beach vBgov.com. July 12, 2011 The Honorable E. Scott Rigell 327 Cannon)^ICB Washington, DC 20515 Subject: Chesapeake Say Deaz Congressman Rigell: The Chesapeake Bay watershed covers parts of six states and the District of Columbia, Within that 64,000 square miles are 150 rivers and streams and 11,000 miles of shoreline; many within the Commonwealth of Virginia. More than 17 million people live in the watershed. However, having such a concentration of people and industries creates issues faz the Chesapeake Bay's health.. For more than twenty years, the Commonwealth of Virginia, and of her communities surrounding the Bay, have worked to reduce and eliminate pollution in the watershed and bring the Bay's waters back to life. It is said that, at the turn of the century, there were enough oysters within the Bay watershed to filter the water once a day. Now, due to environmental impacts on the oysters, the Bay is only filtered by those much reduced oyster populations once a year. Nevertheless, we have seen improvements to the Bay and are aware that efforts are underway to restore it further. However, a clean and vibrant Chesapeake Bay that supports local jobs - as well as an entire way of life - is now in greater danger. It has been proposed by the United States Congress to greatly reduce or eliminate funding for Bay cleanup with no reduction in the requirements for states and local goverxurients to reduce their runoff to the Bay and the penalties that come with not reducing runoff. Proposals Like those contently in Congress could derail the progress the Bay has made in the past years. We respectfully request that you support the continued funding of programs that support clean water, including cost-share programs for nutrient management plans, and other items in the toolbox to clean up the Chesapeake Bay. The Honorable E. Scott Rigell Subject: Chesapeake Bay July 12, 2011 Page 2 All the states in the Chesapeake watershed manage their own Clean Water Act Provisions. Virginia has been working in partnership with other bay states and the District of Columbia for over 30 years: We know how much pollution the Bay can tolerate and we have decided what each state and the District share of needed reductions is and how they might be achieved. Furthermore, we have drafted our own unique plans to manage the process, cooperating with the appropriate federal agencies as needed. This has produced awatershed-wide blueprint for moving forward on the Chesapeake cleanup, which has been accepted by the Environmental Protection Agency (EPA). The clean up to date has been done largely with state and local money. If the federal governrrient asks us to do more and faster, they should come to the table as a reliable fundzng partner. The federal government needs to maintain and increase fiuiding for the Chesapeake Bay cleanup as a "one of a kind" resource in this country acid, perhaps, the world. We are all well aware of the issues with the federal budget and Congress' needs to wisely spend the reduced amount money available; however, "maintenance" of the Chesapeake Bay must be pursued. Thank you for youx attention to our concerns. Our staff looks forward to working with all the appropriate state and federal agencies to restore and sustain the Bay and its tributaries for the benefit of both present and future generations. Respectfully, t illiam D. Sessoms, Jr. Mayor f'( Glenn R Davis, 7r. Council Member Ro ert M. Dyer Council Member Rosemary Wil on Council Member Louis R. Son H . Diez Vice-Mayor Cou ~ Memb r William R 13 tep Jo . Uhrin Council Member C cil Member ~r Barbara M. Henley iCi~ncil Member . mood Member -14- AGENDA REVIEW SESSION 2:40 P.M. ITEM # 61086 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K. ORDINANCES/RESOLUTION Ordinance to DESIGNATE Woodstock Elementary School as the temporary polling location for the College Park Precinct only for the Primary Election on August 23, 2011 2. Resolution to DIRECT the Beaches and Waterways Commission to recommend options for a Comprehensive Policy on funding sand replenishment 3.Ordinance to AUTHORIZE the City Manager to enter into a Lease with Volunteers of America Chesapeake, Inc. ("VOA') re the Lighthouse Day Services Center for the Homeless building at 825 18`h Street. DISTRICT 6 -BEACH 4.Ordinance to EXTEND the date for satisfying conditions in behalf of Claire L. Friedberg re the closure of an unimproved portion of Loretta Lane West of Millers Lane (DISTRICT 6 -BEACH) (approved/conditioned by City Council July 13, 2010) S. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property for STEVEN D. and DEBRA H. EIB to maintain an existing pier, wood steps and dock and construct and maintain a proposed rip rap revetment in a portion of the canal at 2504 Las Corrales Court. DISTRICT 7 -PRINCESS ANNE 6.Ordinance to AUTHORIZE the City Manager to execute an Agreement with the Patriotic Festival, LLC re a Blue Angels Air Show and APPROPRL4TE $114, 000 estimated revenue and TRANSFER $177, 000 from the Tourism Investment Program Fund (TIF) Reserve for Contingencies and Event operating costs to the Convention and Visitors Bureau FY2011-12 Operating Budget; and, Ordinance to TRANSFER $65, 000 to the SGA Office for parking activities related to the Blue Angels Air Show 7.Ordinance to MODIFY the financing sources in the FY 2011-12 Capital Budget: a. $2, 821, 470 Interest Income b. $1,131,804 State Lottery proceeds c. $ 540, 226 Sale of School-owned property d. $ 6, 500 Virginia Public School Authority Loan Subsidy Premium 8.Ordinance to AUTHORIZE a full-time Neighborhood Services Coordinator to promote the Neighbors Helping Neighbors program and TRANSFER $92, 000 from the General Fund Reserve for Contingencies to the City Manager's Office July 12, 2011 -15- AGENDA REVIEW SESSION ITEM # 61086 (Continued) 9.Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $240,000 in Admissions Tax revenue to the FY2011-12 Tourism Investment Program (I'IF) re expanding the seating capacity and other amenities of the Sportsplex b. $ 70, 630 refund from State Fire Programs revenue and $932 from Dominion Virginia Power re Fire Training Center Improvements - Phase III c. $800, 000 from the Sheriff's Special Reserve account to provide pay increases for the Sheriffs personnel d. $ 43,820 from the Federal Juvenile Accountability Block Grant with a local match re a part-time position for the Virginia Beach Court Service Unit e. $ 10, 918, 000 from VDOT re enhancements to various roadway projects f. $372,100 from the General Fund Reserve for Contingencies to Public Works re an emergency generator for the Field House Council Lady Henley and Councilman DeSteph will vote a VERBAL NAY on Item K8 (Neighborhood Services Coordinator), BY CONSENT Councilman DeSteph shall vote a VERBAL NAYon Item K.9.c (pay increases for the Sheriff's personnel, BY CONSENT. July 12, 2011 -16- AGENDA REVIEW SESSION ITEM # 61087 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Application of OLD DONATIONASSOCIATES, LLC for a Modi rcation of Condition No. 1 on the Conditional Use Permit to allow 72 beds at 1853 Old Donation Parkway. DISTRICT 5 - LYNNHAVEN (approved by City Council on July 18, 2006) 2. Application of ROSE and DOUGLAS CHANDLER for a Conditional Use Permit re residential wildlife rehabilitation at 1620 Grey Friars Chase. DISTRICT 1 - CENTERVILLE 3. Application of LAWSONHALL ASSOCIATES, LLC for a Modification o Pro ers Nos. 2 and 4 of the Conditional Change of Zoning at 5525 Lawson Hall Road. DISTRICT 4 - BAYSIDE (approved by City Council on May 23, 2006) 4. Application of TOWNS DEVELOPMENT CORP. /COURTHOUSE SELF- STORAGE ASSOCLATES, LLC. for a Change o Zoning District Classification from B-lA Limited Community Business to Conditional PD-H2 Planned Unit Development and underlying R-SD Residential District at 2504 North Landing Road DISTRICT 7 -PRINCESS ANNE 5. Application of TOWNS DEVELOPMENT CORP. for a Change oFZoning District Classification from AG-1 Agriculture to Conditional PD-H2 Planned Unit Development and underlying R-SD Residential District at 2504 North Landing Road DISTRICT 7 -PRINCESS ANNE 6. Ordinances to AMEND the City Zoning Ordinance (CZO) re: a. Sections 502 and 602 re setback requirements for certain accessory structures in the R-SD, R-SR, R-2. S and Apartment Zoning Districts b. Section 801 re accessory uses in the Ojf ce Zoning Districts c. Sections 801, 901 and 1001 re religious uses Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2.2-311 S(E), re Item L. 1. OLD DONATIONASSOCIATES, LLC for a Modification of Condition No. 1 of its Conditional Use Permit at 1853 Old Donation Parkway. Mayor Sessoms has a personal interest in this transaction, because he is an Officer of TowneBank, which is located at 297 Constitution Drive in Virginia Beach. The applicant has advised that TowneBank will provide financing for this project. Mayor Sessoms wishes to disclose this interest and abstain from voting on the matter. Mayor Sessoms' correspondence of July 12, 2011, is hereby made a part of the record. Council Lady Henley will vote a VERBAL NAYon Item L.3. (LAWSONHALL ASSOCIATES, LLC) July 12, 2011 -17- ITEM # 61088 Mayor William D. Sessoms, Jr. called to order the CITY COUNCIL AT-LARGE VACANCY PUBLIC INTERVIEWS of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall Building, on Tuesday, July 12, 2011, at 3:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 12, 2011 -18- CITY COUNCIL AT-LARGE VACANCY PUBLIC INTER VIEWS CITY COUNCIL CHAMBER ITEM # 61089 3:00 P.M. Carray Banks, Jr., 5425 Virginia Tech Court, Virginia Beach, Virginia 234SS, (o) 757 823 8712 (h) 757 518 OS72 (c) 75 7 348 2328 Email: cbanks (a~~su.edu Tanya Bullock, 2620 Nestlebrook Trail, Virginia Beach 23462, Phone: 757 965 5608 Email: tbullock(a~bullockcooper.com Dennis E. Free, 2348 Huckleberry Trail, Virginia Beach 23456, Phone: 757 427 5464 Email: disneyfree(a~,cox.net John D. Moss, 4109 Richardson Road, Virginia Beach, Virginia 234SS, Phone: 757 363 7745 Email: Mossiohn~~,cox. net Amelia N. Ross-Hammond, 1008 Spindle Crossing, Virginia Beach, Virginia 234SS Phone: 858 2 70 4658 Email: anrphd(a~,aol.com Prescott Sherrod, 543 South Atlantic Avenue, Virginia Beach, Virginia 23451, Phone: 75 7 43 7 8862 Email: Prescott.sherroc~a pemcco. com July 12, 2011 -19- Mayor William D. Sessoms, Jr. RECONVENED and called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, July 12, 2011, at 4:32 P.M. Council Members Present: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• None July 12, 2011 -20- ITEM # 61090 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 City Council At Large Vacancy PUBLICLY-HELD PROPERTY.• Discussion or consideration of the, acquisition of real property for public purpose, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Kempsville District Beach District Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4:32 P. M. July 12, 2011 -21- ITEM # 61090 (Continued) Voting 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Voting Nay: None Council Members Absent: None (Closed Session: (Break: (Candidate Selection: (Legal Items 4:32 P.M. - S: 58 P.M.) 4:32 P.M. - 4:45 P.M.) 4:45 P.M. - 5:25 P.M.) 5:25 P.M. - S: 58 P.M.) July 12, 2011 -22- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 12, 2011 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 12, 2011, at 6:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION.• Father James Parke Pastor Holy Apostles Catholic Church 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 off cial records of City Council. Mayor Sessoms ' letter of March 24, 2009, is hereby made a part of the record. July 12, 2011 -23- 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 volurrae of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones 'letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of 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 off cial 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 Conf ict 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 Conf ict. 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. July 12, 2011 -24- Item - V-E.1 CERTIFICATION ITEM # 61091 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, 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 identifted in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting.• 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 12, 2011 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #61090, Page 20, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 ofthe Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. th Hodges Fraser, MMC City Clerk July 12, 2011 -2s- Item V-F.1 ITEM # 61092 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 28, 2011 and July S, 2011. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None July 12, 2011 -26- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 61093 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION July 12, 2011 -27- Item V-H. MAYOR'S PRESENTATION ITEM # 61094 THE MAYOR'S YOUTHLEADERS INACTION (MYLA) Nicky Vasquez, Coordinator Nicky Vasquez, Coordinator, advised in September 2010, Members of MYLA took a trip to Washington, D. C., with representatives from ninety-nine (99) other communities across the United States. This was a special occasion, as Virginia Beach was awarded the 2010 l00 Best Communities Award for Young People. This is an annual competition in its fifth year that awards and recognizes communities making extraordinary efforts to reduce "drop-out" rates and providing outstanding services and support to their youth. These communities have demonstrated a significant and lasting commitment to their youth, for which they deserve to be recognized and commended. The group created and hosted the 2011 Youth Forum at Larkspur Middle School and the awards were previously presented to three (3) City Council and School Board representatives. This was the third year in a row Virginia Beach received this special honor along with seven (7) other communities in Virginia, Not only is Virginia Beach an outstanding community for young people, it is an "outstanding community for a lifetime ". Mayor Sessoms was presented the Group's T-shirt "Mayor's Youth Leaders in Action (MYLA) ", and a "Push pin" received in Washington, D. C. These Push Pins were placed on a large map to indicate every community which won the award. City Seal Pins were presented to all youth leaders in attendance. July 12, 2011 -28- Item V-L 1. PUBLIC HEARING ITEM # 61095 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY-OWNED PROPERTY 82518`" Street (Lighthouse Center) There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. July 12, 2011 -29- Item V.K. ORDINANCES/RESOLUTION ITEM # 61096 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, Items 1, 2, 3, 4, S, 6a,b, 7a,b,c,d, 8 and 9a,b,c,de;f, of the CONSENTAGENDA. Council Members Henley and DeSteph voted a VERBAL NAY on Item K.8. (full-time Neighborhood Services Coordinator Councilman DeSteph voted a VERBAL NAY on Item K 9. c. ($800, 000 from the Sheriff's Special Reserve account to provide pay increases) Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill "DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None July 12, 2011 -30- Item V.K.1. ORDINANCES/RESOLUTION ITEM # 61097 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to DESIGNATE Woodstock Elementary School as the temporary polling location for the College Park Precinct only for the Primary Election on August 23, 2011 Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.' None Council Members Absent: None July 12, 2011 1 AN ORDINANCE TO DESIGNATE WOODSTOCK 2 ELEMENTARY SCHOOL AS THE TEMPORARY 3 POLLING LOCATION FOR THE COLLEGE PARK 4 PRECINCT 5 6 WHEREAS, Section 10-1 of the City Code provides the polling location for the 7 College Park Precinct is College Park Elementary School; 8 9 WHEREAS, due to construction, College Park Elementary School will be 10 unavailable for use as a polling location on the date of the primary election, August 23; 11 12 WHEREAS, Woodstock Elementary School may be used as a temporary polling 13 location for the primary election; and 14 15 WHEREAS, College Park Elementary School should be available when the 16 general election is held in November. 17 18 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRIGNIA: 20 21 That Woodstock Elementary School shall serve as the polling location for the 22 College Park Precinct for the August primary election, if a primary election is held. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of July , 2011. 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Map 1 College Park Polling Location TEMPORARILY moved to Woodstock Elementary School ~~' b ~ Tal Iwood QffN ~Py~~ ~ y ~~ ~~- ~~ ~ ~~ ~~~ ~~ nnQw -31- Item V.K.2. ORDINANCES/RESOLUTIONS ITEM # 61098 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to DIRECT the Beaches and Waterways Commission to recommend options fora Comprehensive Policy on funding sand replenishment Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None July 12, 2011 1 A RESOLUTION TO DIRECT THE BEACHES AND 2 WATERWAYS COMMISSION TO GATHER INPUT 3 INTO OPTIONS FOR A COMPREHENSIVE POLICY 4 ON FUNDING SAND REPLENISHMENT 5 6 WHEREAS, the FY 2011-12 Operating Budget process included a 7 recommendation that the City engage citizens in a discussion of how to finance sand 8 replenishment projects on all public beaches. 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That the Beaches and Waterways Commission gather input into options for a 14 comprehensive policy on funding sand replenishment with City staff assisting the 15 Commission as set forth below: 16 17 (1) Identify and conduct meetings with opinion leaders and business community 18 stakeholders to frame the issues for consideration when developing content 19 and options for larger citizen meetings; 20 21 (2) Facilitate five to seven public meetings located throughout the City to explain 22 the benefits of sand replenishment projects to the entire community and 23 adjacent property owners, including: 24 25 a. Explain any legal issues that may exist and impact the policy; 26 b. Explain potential funding concerns; and 27 c. Assist with facilitation of small group discussions in developing various 28 options; and 29 30 (3) Identify common themes and provide a recommendation to City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of ~'u] ~ , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ a ! ~ r M`~a~nagement Services - C n 's Office CA11931 R-1 June 28, 2011 ~B ~~ s ~~L'~ ~'~~,, ~, _~ ~~ _..- ... ~- 114/ A ~`Y ~~ ~ Z ~~~ ? ~~ S a/ n P OUR NPTQN City of Virginia B ~acri ~ ~~;o~.COI17 OFFICE OF THE CITY MANAGER (757) 3854242 FAX (757) 627-5626 TTY: 711 Jane 24, 2011 The Honorable William D. Sessoms, Jr., Mayor Members of City Council MUNICIPAL CEN fER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9001 Subject: Public Input Process for How to Finance Sand Replenishment Along City Beaches Dear Mayor and Council Nlembexs: As a part of the Proposed FY 2012 Operating Budget, staff recommended that we engage citizens in a process to discuss how to finance sand replenishment projects on all public beaches. Since approval of the FY 2012 Operating Budget, we have been successful. in getting an additional $7 million in Federal funds for the oceanfront main resort beach replenishment. This will not resolve the requirement for along-term strategy. Any strategy we use should take into account both the benefit to direct property owners and businesses as well as the public benefit of well maintained beaches. It should also build upon the lessons we have learned from the existing Sandbridge TTF and SSD. This has provided a reliable source of funding regardless of the participation of the Federal government in the replenishment project. Finally, the process of developing a strategy should be inclusive and transparent. We should include citizens and stakeholders in the discussions as we are working to find a sustainable solution. To that end, we propose that the City Council assign this issue to the Beaches and Waterways Commission to gather input into options for a comprehensive policy on funding sand replenishment. To assist the Commission, staff is prepared to: - Identify and conduct meetings with opinion leaders and business community stakeholders to frame the issues for consideration when developing content and options for larger citizen meetings The Honorable William D. Sessoms, Jr., Mayor Members of City Council Public Input Process for How to Finance Sand Replenishment Along City Beaches June 24, 2011 Page 2 - Facilitate five to seven public meetings located throughout the City to explain the benefits of sand replenishment projects to the entire community and adjacent property owners - Explain any legal issues that may exist (contracts, SSD/TIF laws, etc.) - Explain potential funding concerns - Assist with facilitation of small group discussions in developing various options - Identify common themes and a recommendation to provide to City Council If you have questions or would like to seethe process modified, please contact Catheryn Whitesell or myself. We would like to bring forth a resolution for your approval requestiuxg the Beaches and Waterways Commission's leadership in this area and to work with them to schedule these meetings in late summer and early fall. We will provide updates as the dates of the meetings approaches. With Pride in Our City, J es .Spore anager CRW/DLH/mrd c: Dave Hansen, Deputy City Manager Catheryn Whitesell, Management Services Phil Davenport, Public Works Mary Hancock, Media and Communications David Bradley, Management Services Phill Roehrs, Public Works -32- Item V.K.3. ORDINANCES/RESOLUTION ITEM # 61099 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to AUTHORIZE the City Manager to enter into a Lease with Volunteers of America Chesapeake, Inc. ("VOA') re the Lighthouse Day Services Center for the Homeless building at 825 18`" Street. DISTRICT 6 -BEACH Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 12, 2011 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO ENTER INTO A MONTH-TO- 3 MONTH LEASE WITH VOLUNTEERS OF 4 AMERICA CHESAPEAKE, INC. FOR CITY- 5 OWNED PROPERTY LOCATED AT 825 1$TH 6 STREET 7 8 WHEREAS, on February 6, 1996, City Council adopted Ordinance No. 96- 9 2370C, accepting and appropriating an $800,000 Special Purpose Grant from the 10 federal government pursuant to the authority of Public Law 103-327 to be used 11 for capital costs associated with innovative homeless activities; 12 13 WHEREAS,. the City of Virginia Beach utilized these funds to build the 14 Lighthouse Day Services Center for Homeless Building located at 825 18th Street 15 in the City of Virginia Beach (the "Premises"); 16 17 WHEREAS, Volunteers of America Chesapeake, Inc. (the "VOA"), anon- 18 profit 501(c)(3) organization serving the needs of the homeless, receives federal 19 funds to provide the staff and services to operate a day center for the homeless 20 in the City of Virginia Beach; 21 22 WHEREAS, VOA desires to lease the Premises conditioned upon several 23 requirements, including that VOA must comply with the terms of the City's 24 Special Purpose Grant in serving the needs of the homeless in Virginia Beach 25 and that the property will not be used as an overnight shelter for the homeless; 26 27 WHEREAS, VOA has agreed to pay the City $1.00 for use of the 28 Premises from July 1, 2011 to June 30, 2012; 29 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 31 CITY OF VIRGINIA BEACH, VIRGINIA: 32 33 That the City Manager is hereby authorized to enter into amonth-to-month 34 lease, between Volunteers of America Chesapeake, Inc. and the City of Virginia 35 Beach, in accordance with the Summary of Terms attached hereto as Exhibit A 36 and such other terms and conditions deemed necessary and sufficient to the City 37 Manager and in a form deemed satisfactory to the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 1 nth day of 40 JL11~~ 2011. CA11937 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom 32\Wpdocs\D028\P011 \00026543. DOC R-1 June 28, 2011 APPROVED AS TO LEGAL SUFFICIENCY AND FORM CL-~,~, Signature APPROVED AS TO CONTENT k- Signature P W ~!-~c• l . -~.. is I~ k~ Depart ent 2 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY TO VOLUNTEERS OF AMERICA CHESAPEAKE, INC., anon-profit Virginia corporation LANDLORD: City of Virginia Beach (the "City") TENANT: Volunteers of America Chesapeake, Inc., anon-profit Virginia corporation ("Tenant") PREMISES: 16,234 s.f. parcel together with all improvements and the structure consisting of 3,364 s.f. and known as the Lighthouse Dar Services Center for the Homeless Building located at 825 18t Street, Virginia Beach, Virginia (GPIN: 2417-86-5749) TERM: Month-to-Month beginning July 1, 2011, and in no event will the lease extend beyond June 30, 2016. RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF TENANT: • Will use the Premises solely for purpose of providing day services to the homeless, to include counseling, training, showers, education, and referrals to other agencies for a variety of other services off-site. • Will not use Premises as an overnight sleeping facility except in an emergency and upon the prior written approval of the City Manager's Designee. • Will maintain commercial general liability insurance coverage with policy limits of not less than $1,000,000 combined single limits per occurrence and name the City as additional insured. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. TERMINATION: The City may terminate the Lease at any time without cause by giving thirty (30) days' written notice LOCATION MAP 825 18T" STREET THE LIGHTHOUSE CENTER -33- Item V.K.4. ORDINANCES/RESOLUTION ITEM # 61100 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to EXTEND to October 11, 2012, for satisfying conditions in behalf of Claire L. Friedberg re the closure of an unimproved portion of Loretta Lane West of Millers Lane (DISTRICT 6 -BEACH) (approved/conditioned upon compliance by City Council July 13, 2010) Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 12, 2011 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING CONDITIONS IN THE MATTER OF 3 THE APPLICATION OF CLAIRE L. FRIEDBERG 4 FOR THE CLOSURE OF AN UNIMPROVED 5 PORTION OF LORETTA LANE BEGINNING 129.51 6 FEET WEST OF MILLERS LANE 7 8 WHEREAS, on July 13, 2010, the Council of the City of Virginia Beach 9 acted upon the application of Claire L. Friedberg (the "Applicant"), for the closure of an 10 unimproved portion of Loretta Lane beginning 129.51 feet west of Millers Lane, as 11 shown on Exhibit "A"; and 12 13 WHEREAS, on July 13, 2010, the Council adopted an Ordinance to close 14 the aforesaid road, subject to certain conditions being met on or before July 12, 2011; 15 and 16 17 WHEREAS, on June 24, 2011, the Applicant requested an extension of 18 time to satisfy the conditions attached to the aforesaid street closure. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 21 Virginia Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance 24 adopted on July 13, 2010, upon application of Claire L. Friedberg, is extended to 25 October 11, 2012. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 1 ~t~lay of J,~~, 2011. 29 GPIN: 2417-45-0375 and 2417-44-3944 APPROVED AS TO CONTENT: CA 11936 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\Wpdocs\D027\P009\00026217. DOC R-1 June 27, 2011 APPROVED AS TO LEGAL SUFFICIENCY: ~1i1 D l ~~..~~ ~~~i~ Planning Dep ment Lucia G. Whitlow, Associate City Attorney i -34- Item i!K.S. ORDINANCES/RESOLUTION ITEM # 61101 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property for STEVEN D. and DEBRA H. EIB to maintain an existing pier, wood steps and dock and construct and maintain a proposed rip rap revetment in a portion of the canal at 2504 Las Corrales Court. DISTRICT 7 -PRINCESS ANNE, subject to: The following conditions shall be required: 1. The temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia, the City of Virginia Beach and in accordance with the City's spec cations and approval. 2. Nothing herein shall prohibit the City from immediately removing or ordering the Grantee to remove, all or any part of, the temporary encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. The temporary encroachment herein authorized terminates upon notice by the Ciry to the Grantee and that, within thirty (30) days after the notice is given, the temporary encroachment must be removed from the Encroachment Area by the Grantee. The Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemn~, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the temporary encroachment. S. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment, other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 7. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). July 12, 2011 -35- Item T~K.S. ORDINANCES/RESOLUTIONS ITEM # 61101 (Continued) 8. It is further expressly understood and agreed that the Grantee shall establish and maintain a Riparian Buffer, which shall be a minimum of fifteen (1 S) feet in width landward from the shoreline, shall run the entire length of the shoreline and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the `Buffer'). The Buffer shall not be established during the months of June, July or August so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security in an amount equal to the estimated cost of the required Buffer plantings to the Department of Planning to insure completion of the required Buffer. The Grantee shall note the Department of Planning when the Buffer is complete and ready for inspection. Upon satisfactory completion of the Buffer, as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion through the Buffer to the shoreline, is allowed. 9. It is further expressly understood and agreed that the Grantee shall establish and maintain four (4) Bald Cypress, four (4) Natchez Crape Myrtles, one (1) Bloodgood Japanese Maple, twenty-one (21) shrubs to be planted among the trees and throughout the Buffer area that will architecturally blend with the species of trees planted, miscellaneous ground cover, ornamental grasses and perennial plants of a size and species of the Grantee's choice, as long as the trees are native trees, to be planted fifteen (1 S) feet landward of the bulkhead near the North property line. 10. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500, 000 combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the temporary encroachment. 11. It is further expressly understood and agreed that the temporary encroachment must conform to the minimum setback requirements as established by the City. 12. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes, may require the Grantee to remove the temporary encroachment, and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100) per day for each and every day that the temporary encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. July 12, 2011 -36- Item V.K.S. ORDINANCES/RESOLUTIONS ITEM # 61101 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 12, 2011 1. Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 5 PROPERTY LOCATED AT THE REAR 7 OF 2504 LAS CORRALES COURT, s FOR PROPERTY OWNERS STEVEN 9 D. EIB AND DEBRA H. EIB to 11 WHEREAS, Steven D. Eib and Debra H. Eib desire to maintain an existing 9.2' 12 pier, wood steps, and an existing 10' x 10' dock, and construct and maintain a proposed 13 177 L.F. (2,248 total sq. ft.) wide rip rap revetment in a portion of a drainage and public 14 use canal upon City property, located at the rear of 2504 Las Corrales Court, in the City 15 of Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, is Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Steven D. Eib and Debra H. 25 Eib, their heirs, assigns and successors in title are authorized to maintain a temporary 26 encroachments for an existing 9.2' pier, wood steps, and an existing 10' x 10' dock, and 27 construct and maintain a proposed 177 L.F. (2,248 total sq. ft.) wide rip rap revetment 28 upon a portion of a drainage and public use canal on City property as shown on the 29 map marked Exhibit "A" and entitled: "EXHIBIT "A" -ENCROACHMENT REQUEST 3 o FOR STEVEN D. EIB AND DEBRA H. EIB," a copy of which is on file in the Department 31 of Public Works and to which reference is made for a more particular description; and 32 33 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 34 subject to those terms, conditions and criteria contained in the Agreement between the 35 City of Virginia Beach and Steven D. Eib and Debra H. Eib (the "Agreement"), which is 3 6 attached hereto and incorporated by reference; and 37 3 s BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 3 9 is hereby authorized to execute the Agreement; and 40 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 42 time as Steven D. Eib and Debra H. Eib and the City Manager or his authorized 43 designee executes the Agreement. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the ~~ day 4 6 of ,-r„ i ~, , 2011. CA-11691 R-1 PREPARED: 6/27/11 APPROVED AS TO CONTENTS C,,! ... c PUBLIC WORKS, REAL ESTA~ ~ d~ I APPROVED AS TO LEGAL SUFFICIENCY AND FORM H YER, ASSIS ANT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 23rd day of June, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and STEVEN D. EIB and DEBRA H. EIB, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 12", as shown on that certain plat entitled: "SUBDIVISON OF LAS CORRALES PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE 1" = 50' September, 1985, prepared by BASGIER AND ASSOCIATES A PROFESSIONAL CORPORATION ENGINEERS - SURVEYORS -PLANNERS VIRGINIA BEACH, VIRGINIA," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 2524, at page 391 and 392, and being further designated, known, and described as 2504 Las Corrales Court, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to maintain an existing 9.2' pier, wood steps, and an existing 10' x 10' dock, and construct and maintain a proposed 177 L.F. (2,248 total sq. ft.) wide rip rap revetment, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2424-02-4573-0000; (CITY PROPERTY KNOWN AS EXISTING PUBLIC USE 100' DRAINAGE RIGHT-OF-WAY EASEMENT) 2414-82-5553-0000; (2504 Las Corrales Court) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a drainage and public use canal on City property, located at the rear of 2504 Las Corrales Court, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" - ENCROACHMENT REQUEST FOR STEVEN D. EIB AND DEBRA H. EIB GPIN: 2414-82-5553 SHEET 1 OF 1 DATE: FEBRUARY 1, 2011, REV: 2/18/2011, REV: 3/21 /2011, REV: 6/6/2011, REV: 6/9/2011 and REV: 6/16/2011 SCALE: 1" = 30'," a copy of which is attached hereto as Exhibit "A" and to which reference is made fora more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit") It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants 3 (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee shall establish and maintain (4) Bald Cypress, (4) Natchez Crape Myrtles, (1) Bloodgood Japanese Maple, (21) Shrubs to be planted among the trees and throughout the buffer area that will architecturally blend with the species of trees planted, miscellaneous ground cover, ornamental grasses and perennial plants (the "Buffer") of a size and species of the Grantee's choice, as long as the trees are native trees, to be planted fifteen (15) feet landward of the bulkhead near the North property line. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The 4 Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Steven D. Eib and Debra H. Eib, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 5 CITY OF VIRGINIA BEACH gy (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2011, by ,CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of 2011, by ,CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) 6 ;' `~.Sy i:~.z_~~ S~even~i7. ib, caner ~, t By _ r~. _~~ _~`~~.~ D ra H. Eib; Owner STATE OF ~vv CITYI`~6tiidPf s~ '~--~ , #o-wit: The foregoing instrument was acknowledged before me this day of ~~0'~.- , 2011, by Steven D. Eib. y ~-{SEAL) ary Public Notary Registration Number: ~ ~~+7~3 My Commission Expires: c'~n ~', /_3 STATE OF G~ ~ CITY/f'6i~idfi'r` OF '~ , ~,~to-wit: JUDITH M. SNELLINGER Notary Public Commonwealth of Virginia 270773 My Commission Expires Sep 3b, 2013 The foregoing instrument was acknowledged before me this ~~~ day of 2011, by Debra H. Eib. ~~ (SEAL) otary Public Notary Registration Number: ~~~ ~7~ JUDITH M. SNELLINGER My Commission Expires: ~ ~~ ,:~c.~ ~, ~(l~ Notary Public Commonwealth of Virginia ~ 270773 My Commission Expires Sep 3b, 2013 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM '~~ SIGNATURE ~ ~ A' 0 !J ~~ DEPARTMENT ~, i ~ 100( BRAI6APG R j.. / ~ / PROPO SED 177 L.F. (2248 SF) a j~ M RIPRAP cP / ~ ~ ~ G NPL 5' DRAINAGE EASEMENT Ci~ O / ' G NPM P (D. B. , ?~~ 2524, PG. 391 & 392) w , uN 15 ~ P' ~~ 00 g8 S R' ~RWOOD B W L J. ~E~X ~0 STEPSOOD O X W W W W W ^ . ~ 6 ~K W //.. VJ ~. 0 0 ~ 25 N co 00 2 R WP~K y jW ,~ N 5 Pp~ A W ~ y PROPOSED LANDSCAPE BUFFER (TYP) W BRICK PORCH BPN~ W ~ y OF SOP ~ ~" W NC. WALKWAY a ° . W y 10' CANAL EASEMENT (D.B. 2524, PG. 391 W ° & 392) Ex. TREE (TYP.) ~ ° ° g • 2 STY. BRICK / y W ~ EX. MULCH BEDS NOT SHOWN 1 • • #2504 / Z J 1 ° ° n O LOT 13 ~ M°j N/F KRAIG BROMWELL o? O GPIN: 2414-82-6623 ~ t • b' 2500 LAS CORRALES COURT a ~o_ / _ 1 .A rn_ ° CONC. ~ ~ • ° 1 ~ a LOT 12 ~ PROPOSED 2,655 SF LANDSCAPE 5' DRAINAGE EASEMENT 2504 LAS CORRALES COURT G 39 BUFFER INCLUDES PLANTINGS OF: (D.B. 2524, PG. 391 a l (D.B. 2524, P . 1) ° & 392, M.B. 76, PG. 13) (D.B. 3675, PG. 1833) CANOPY TREES: ~ ' • (4) BALD CYPRESS ° 0 1 •~ • ° UNDERSTORY TREES: ~ A=95.69' (4) NATCHEZ CREPE MYRTLES I R = 50.00' (1) BLOODGOOD JAPANESE MAPLE 1 SHRUBS: LOT 11 I N/F MICHAEL ROBUSTO LA 1 S C O R RA L E S (21) SHRUBS TO BE PLANTED AMONG THE TREES AND THROUGHOUT THE GPIN: 2414-82-5481 BUFFER AREA THAT WILL 2508 LAS CORRALES COURT ` ARCHITECTURALLY BLEND WITH THE 1 C 0 U RT SPECIES OF TREES PLANTED I MISC. GROUND COVER, ORNAMENTAL GRASSES A=33.58' & PERENNIAL PLANTS R=50.00' I 0 30' o' ~ EXHIBR "A" - ENCROACHMENT REQUEST FO R STEVEN D. EIB AND DEBRA H. EIB 1" = 30' REV: 6/16/201 1 GPIN: 2414-82-5553 REV: 6/9/201 1 ZONING: R-15 REV: 6/6/2011 REV: 3/21 /201 1 ENGINEERING SERVICES PROVIDED 6Y: PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. REV: 2/18201 1 8084 EAWI RK;KOPCC-LLC C04 PHONE 757 773 FEBRUARY 201 1 SHEET 1 OF 1 . ) - _ : ( 0 U a~ L L U c~ J 0 N U g U d O a` x a a~ `m a m a -37- Item V.K. 6a/b. ORDINANCES/RESOLUTION ITEM # 61102 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to execute an Agreement with the Patriotic Festival, LLC re a Blue Angels Air Show and APPROPRL4TE $114, 000 estimated revenue; TRANSFER $177, 000 from the Tourism Investment Program Fund (TIF) Reserve for Contingencies and Event operating costs to the Convention and Visitors Bureau FY2011-12 Operating Budget; and, Ordinance to TRANSFER $65, 000 to the SGA Office for parking activities related to the Blue Angels Air Show Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 12, 2011 SUMMARY OF TERMS AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND PATRIOTIC FESTIVAL, LLC FOR BLUE ANGELS AIR SHOW Parties: City of Virginia Beach ("City") Patriotic Festival, LLC ("Producer") Responsibilities of Producer: • Enter into all contracts necessary to facilitate a Blue Angels Air Show with related amenities on both June 2 and 3, 2012 ("Event"). • Manage and provide logistical support for the Event. • Obtain all permits and insurance required for the Event. • Solicit private-sector sponsorships for the Event. • Reimburse the City fifty percent (50%) of the first two hundred thousand dollars ($200,000) in net revenue generated by the Event (as the term "Net Revenue" is defined in the Agreement), and thirty percent (30%) of the net revenue generated from the Event in excess of two hundred thousand dollars ($200,000). • Provide unaudited financial report to the City. Responsibilities and Rights of the City: • Provide sponsorship grant to Producer in the amount of two hundred and ninety one thousand dollars ($291,000). • Provide City services such as police, paramedic services, trash and waste clean-up and removal, and the maintenance of public areas and equipment. 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT WITH 3 PATRIOTIC FESTIVAL, LLC FOR A BLUE ANGELS 4 AIR SHOW AND TO APPROPRIATE ESTIMATED 5 REVENUE AND TRANSFER FUNDS TO THE FY 6 2011-12 OPERATING BUDGET OF THE 7 CONVENTION AND VISITORS BUREAU 8 9 WHEREAS, in early 2011, the U.S. Navy announced a schedule of events to 10 commemorate the War of 1812; 11 12 WHEREAS, the events will be held in New Orleans, New York, Norfolk, 13 Baltimore, Boston and the Great Lakes in conjunction with OpSail 2012; 14 15 WHEREAS, the U.S. Navy committed the Blue Angels to perform a flight 16 demonstration in each city; 17 18 WHEREAS, due to air traffic control issues in Norfolk, the OpSail organizing 19 committee recommended the Virginia Beach oceanfront as the site for the flight 20 demonstrations and related amenities (the "Event"); . 21 22 WHEREAS, the Patriotic Festival, L.L.C. presented a proposal to the OpSail 23 organizers to host the Event, which resulted in several meetings with City of Virginia 24 Beach staff; 25 26 WHEREAS, the Patriotic Festival L.L.C. has requested two hundred and ninety- 27 one thousand dollars ($291,000) in funding from the City for flight demonstration 28 management and operating costs; and 29 30 WHEREAS, the funding will also provide for operation costs, and management 31 and labor costs for a VIP viewing area, including reserved seating and vending of food 32 and merchandise. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH THAT: 36 37 1. The City Manager is hereby authorized and directed to execute the 38 Agreement between the City and the Patriotic Festival, LLC for the production 39 of the Blue Angels Air Show; 40 41 2. $177,000 is hereby transferred to the FY 2011-12 Operating Budget of 42 Convention and Visitors Bureau from the Tourism Investment Program Fund 43 Reserve for Contingencies for Event operating costs; and 44 45 3. $114,000 in estimated revenue from fees generated at the Event is hereby 46 appropriated, with estimated revenue increased accordingly, to the FY 2011- 47 12 Operating Budget of the Convention and Visitors; Bureau for Event 48 operating costs. 49 Adopted by the Council of the City of Virginia Beach, Virginia on the 1 7th day of July, , 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: C ention and Visitors Bureau APPROVED AS TO CONTENT: ~~ - ~ C` Management Services CA11929 R-3 June 29, 2011 -~.. C' to 's ice 2 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO TRANSFER FUNDS TO THE FY 2011-12 OPERATING BUDGET OF THE STRATEGIC GROWTH AREA OFFICE FOR PARKING ACTIVITIES RELATED TO THE AIR SHOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $65,000 is hereby transferred from the Tourism Investment Program Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the Strategic Growth Area Office for parking activities related to the 2012 Air Show. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~~ day of ,-r„ ~ ~, , 2011. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: City t ey's Office CA11987 R-1 June 30, 2011 -38- Item V.K.7a/b./c./d. ORDINANCES/RESOLUTION ITEM # 61103 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to MODIFY the financing sources in the FY 2011-12 Capital Improvement Budget: a. $2, 821, 470 Interest Income b. $1,131,804 State Lottery proceeds c. $ 540, 226 Sale of School-owned property d. $ 6,500 Virginia Public School Authority Loan Subsidy Premium Voting.• 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 12, 2011 e~~;«U-"B:'t'c rot ., ~s'.'~,T , ~~r ~s~ -~ i , <(~4~`~~ J~! CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: An Ordinance to Modify the Financing Sources in the FY 2011-12 Capital Improvement Program MEETING DATE: Julv 12, 2011 ^ Background: On May 10, 2011, the Virginia Beach City Council adopted the Six Year Capital Improvement Program (CIP). In the financing sources for FY 2011-12 portion of the CIP, interest income was estimated at $4.5 million. This source of funding was directed toward Virginia Beach City Public Schools' projects. ^ Considerations: The attached ordinance does not change the amount of estimated revenue. Rather, the $4.5 million of estimated revenue that was listed as interest income should be broken down as follows: o $ 2,821,470 in interest income; o $ 1,131,804 in State Lottery proceeds; o $ 540,226 in sale of school-owned property; and o $ 6,500 in a Virginia Public School Authority Loan Subsidy Premium. This change was initiated by the Schools Administration, who worked in concert with the City's Department of Management Services. Both staffs desire to clarify the funding sources included in the CIP. ^ Public Information: Public Information will be coordinated through the normal Council agenda process. ^ Recommendations: Increase the estimated revenue for the three financing sources by the amounts shown above and decrease the estimated revenue in interest income by $1,678,530. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Virginia Beach City Public Schools City Manage . S ~~ b~(y~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO MODIFY THE FINANCING SOURCES IN THE FY 2011-12 CAPITAL IMPROVEMENT PROGRAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Financing Sources (Attachment B) of the FY 2011-12 Capital Budget Ordinance are modified by the amounts set forth below: (1) The following estimated revenues are increased: a. $ 1,131,804 from State Lottery proceeds; b. $ 540,226 from the sale of property; c. $ 6,500 from the Virginia Public School Authority Loan Subsidy premium; and (2) The estimated revenue from interest income is hereby decreased by $1,678,530. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 ,}h day of ,T„ ~ ~, , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT Management Services APPROVED AS TO LEGAL SUFFICIENCY: tt s Office CA11935 R-1 June 29, 2011 -39- Item V.K.8. ORDINANCES/RESOLUTION ITEM # 61104 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to AUTHORIZE a full-time Neighborhood Services Coordinator to promote the Neighbors Helping Neighbors program and TRANSFER $92, 000 from the General Fund Reserve for Contingencies to the City Manager's Office Voting: 8-2 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill " DeSteph and Barbara M. Henley Council Members Absent.• None July 12, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO AUTHORIZE A FULL-TIME NEIGHBORHOOD SERVICES COORDINATOR POSITION AND TO TRANSFER FUNDING FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. A full-time Neighborhood Services Coordinator position is hereby authorized in the FY 2011-12 Operating Budget of the Volunteer Resources Unit of City Manager's Office to promote the Neighbors Helping Neighbors initiative; and 2. $92,000 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the City Manager's Office. Adopted by the Council of the City of Virginia Beach, Virginia on the ~ 2th day of July 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~+ ~ !~ Management Services 1 o s O ice CA11932 R-2 June 29, 2011 -40- Item V.K.9.c. ORDINANCES/RESOLUTION ITEM # 61105 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to ACCEPT, APPROPRL4TE and TRANSFER: c. $800, 000 from the Sher~'s Special Reserve account to provide pay increases for the Sheriff s personnel Voting: 9-1 (By Consent) Council Members Voting Aye: 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: William R. "Bill " DeSteph Council Members Absent.• None July 12, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE SHERIFF'S SPECIAL RESERVE ACCOUNT TO PROVIDE PAY INCREASES FOR SHERIFF'S OFFICE PERSONNEL NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $800,000 is appropriated from the Fund Balance of the Sheriff's Special Reserve Fund to the 2011-2012 Operating Budget of the Sheriff's Office for the purpose of providing compensation increases to sworn personnel. The effective date of this ordinance is July 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia on the ~ 2th day of July , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: ~~ ~- Management Services APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA11989 R-8 July 7, 2011 -41- Item V.K.9.a/b/d/e/f ORDINANCES/RESOLUTION ITEM # 61106 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to ACCEPT, APPROPRL4TE and TRANSFER: a. $240, 000 in Admissions Tax revenue to the FY2011-12 Tourism Investment Program (TIF) re expanding the seating capacity and other amenities of the Sportsplex b. $70, 630 refund from State Fire Programs revenue and $932 from Dominion Virginia Power re Fire Training Center Improvements -Phase III d. X43, 820 from the Federal Juvenile Accountability Block Grant with a local match re a part-time position for the Virginia Beach Court Service Unit e. $10, 918, 000 from VDOT re enhancements to various roadway projects f. $372,100 from the General Fund Reserve for Contingencies to Public Works re an emergency generator for the Field House Voting.• 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 12, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO APPROPRIATE FUNDS TO THE TOURISM INVESTMENT PROGRAM SPECIAL REVENUE FUND TO PROVIDE INVESTMENT INCENTIVE PAYMENTS FOR THE SPORTSPEX WHEREAS, on June 28, 2011, City Council approved an agreement with the United States Football League (UFL) to incentivize upgrades to the Sportsplex; and WHEREAS, these upgrades will be funded through 80% of the Admission Taxes generated through ticket sales from UFL football games at the Sportsplex, capped at $240,000 and provided on a reimbursement basis. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: $240,000 in Admissions tax revenue is hereby appropriated, with local revenues increased accordingly, to the FY 2011-12 Tourism Investment Program to provide the incentive payments for upgrades to the Sportsplex. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 nth day of ,7u1~ , 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: '1 ~ Management Services CA11930 R-1 June 28, 2011 r ' Office 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO ACCEPT AND APPROPRIATE ADDITIONAL STATE FIRE PROGRAMS REVENUE AND TO APPROPRIATE A REFUND FROM DOMINION VIRGINIA POWER TO CIP #3-133 FIRE TRAINING CENTER IMPROVEMENTS -PHASE III BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: (1) $70,630 in State Fire Programs Revenue is hereby accepted and appropriated, with estimated revenue increased accordingly, to CIP Project # 3-133 Fire Training Center Improvements -Phase III; and (2) A $932 refund from Dominion Virginia Power is hereby appropriated, with estimated revenue increased accordingly, to CIP Project # 3-133 Fire Training Center Improvements -Phase III. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 ~~-h day of , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT ~~~~n ,~ Q - ~~. Ma anMa Bement Services APPROVED AS TO LEGAL SUFFICIENCY: ~- ~` Ci ney ffice CA11986 R-1 June 29, 2011 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE FEDERAL JUVENILE 3 ACCOUNTABILITY BLOCK GRANT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 (1) $43,820 in federal revenue from the Juvenile Accountability Block Grant is 9 hereby accepted and appropriated, with estimated federal revenues 10 increased accordingly, to the FY 2011-12 Operating Budget of Juvenile 11 Probation for apart-time employee to oversee detention alternatives; 12 13 (2) $4,869 is hereby transferred within the FY 2011-12 Operating Budget of 14 Juvenile Probation to provide the required match; and 15 16 (3) The continuation of this part-time position shall be conditioned upon 17 ongoing grant funding. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of July , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT ~~ c~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: a f,,, y ey s ffice CA11933 R-1 June 28, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO APPROPRIATE FUND BALANCE AND TO ACCEPT AND APPROPRIATE STATE AND FEDERAL FUNDING FOR ENHANCEMENTS TO VARIOUS ROADWAY PROJECTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $1,809,000 is hereby appropriated to Capital Project # 2-178, "Highway Safety Improvement Program," with Federal revenue increased by $1,628,100 and State revenue increased by $180,900; 2. $4,109,000 is hereby appropriated to Capital Project # 2-145, "Wesleyan Drive (First Cities Project)," with Federal revenue increased by $3,287,000 and State revenue increased by $822,000; and 3. $5,000,000 is hereby appropriated to Capital Project # 2-152, "Elbow Road Extended -Phase II (First Cities Project)," with State revenue increased by $2,500,000 and fund balance of the General Fund increased by $2,500,000. Adopted by the Council of the City of Virginia Beach, Virginia on the ~~ day of July 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT ~ l~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: G' o y' ice CA11985 R-1 June 29, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO TRANSFER $372,100 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2011-12 OPERATING BUDGET OF THE DEPARTMENT OF PUBLIC WORKS TO PURCHASE AN EMERGENCY GENERATOR FOR THE FIELD HOUSE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $372,100 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the Department of Public Works to purchase an emergency generator for the Virginia Beach Field House. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 7±h day of a,~~ , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~.__~ - ~ C Management Services r s O ice CA11934 R-1 June 29, 2011 -42- Item V.L. PLANNING 1. OLD DONATIONASSOCL4TES, LLC 2. ROSE and DOUGLAS CHANDLER 3. LAWSONHALL ASSOCIATES, LLC 4 . TOWNS DEVELOPMENT CORP COURTHOUSE SELF-STORAGE ASSOCIATES, LLC S. TOWNS DEVELOPMENT CORP 6. Ordinances to AMEND the City Zoning Ordinance (CZO) ITEM # 61107 MODIFICATION OF CONDITION NO.1-CONDITIONAL USE PERMIT (APPROVED July 18, 2006) CONDITIONAL USE PERMIT MODIFICATION OF PROFFERS Nos. 2 and 4 OF CONDITIONAL CHANGE OF ZONING (APPROVED: May 23, 2006) CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING a. Sections 502 and 602 re setback requirements for certain accessory structures in the R-SD, R-SR, R-2. S and Apartment Zoning Districts b.Section 801 re accessory uses in the Office Zoning Districts c. Sections 801, 901 and 1001 re religious uses July 12, 2011 -43- Item V.L. PLANNING ITEM # 61108 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items 1, 2, 3, 4, S and 6 of the PLANNING BY CONSENT AGENDA: Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), re Item L. 1. OLD DONATIONASSOCL9TES, LLC for a Modification of Condition No. 1 of its Conditional Use Permit at 1853 Old Donation Parkway. Mayor Sessoms has a personal interest in this transaction, because he is an Offrcer of TowneBank, which is located at 297 Constitution Drive in Virginia Beach. The applicant has advised that TowneBank will provide ftnancing for this project. Mayor Sessoms wishes to disclose this interest and abstain from voting on the matter. Mayor Sessoms' correspondence of July 12, 2011, is hereby made a part of the record. Council Lady Henley will vote a VERBAL NAYon Item L.3. (LAWSONHALL ASSOCIATES, LLC) July 12, 2011 -44- Item V.LI. PLANNING ITEM # 61108 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of OLD DONATION ASSOCIATES, LLC for a Modi ication Condition No. 1 on the Conditional Use Permit to allow 72 beds at 1853 Old Donation Parkway. DISTRICT 5 - LYNNHAVEN (approved by City Council on July 18, 2006 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of OLD DONATION ASSOCIATES, LLC, Modification of Conditional Use Permit, 1853 Old Donation Parkway (GPIN 24084334511853). DISTRICT 5 - LYNNAVEN The following conditions shall be required.• The site shall be developed substantially as shown on the plan entitled "Old Donation Associates, forty-eight (48) Bed Convalescent Center, "dated Monday, May 1, 2006, and revised June 8, 2006, except as modified by the conditions below, and to include the deficiencies in dimensional requirements depicted on the Plan. The Center shall not exceed seventy-two (72) patient beds. 2. The building shall be constructed in the style, height, configuration and with the materials and colors as shown, substantially as depicted on the drawing entitled "Old Donation Associates, LLC, forty-eight (48) Bed Convalescent Center, "dated Thursday, May 4, 2006. 3. The middle access point on Old Donation Parkway, as shown on the Plan specified in Condition 1, shall be designed during detailed Site Plan review to allow onl a right- turn-in. 4. The required Category 4 landscape buffer depicted on the Plan specified in Condition 1 shall only consist of evergreen trees providing a dense screen. Shrubs may be planted as a supplement to the evergreen trees but not in lieu of the trees. 5. The monument style sign, shown on the Site Plan specified in Condition 1, shall not exceed eight (8) feet in height and shall be entirely constructed of or have a base of brick matching the building. Any such base shall have a minimum height equal to twenty-five percent (25%) of the total height of the sign. 6. In addition to the standpipe system depicted on the Site Plan specified in Condition 1, the facility shall have a fire suppression/sprinkler system as required for all Institutional Uses under the Building Code. 7. There shall be no heating, ventilation or air conditioning (HVAC) mechanical equipment located on the side of the building adjacent to the residential lots to the South. 8. A Lighting Plan showing all new external lighting fixtures proposed shall be submitted for review with the detailed Site Plan. 9. The Center shall only treat patients with cognitive impairment, such as Alzheimer's disease, and shall not admit patients seeking treatment for drug or alcohol addiction. July 12, 2011 -45- Item V.L.1. PLANNING ITEM # 61108 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of July, Two Thousand Eleven Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Rosemary Wilson and .lames L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent.• None Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2.2-311 S(E), re Item L. 1. OLD DONATIONASSOCIATES, LLC for a Modification of Condition No. 1 of its Conditional Use Permit at 1853 Old Donation Parkway. Mayor Sessoms has a personal interest in this transaction, because he is an Officer of TowneBank, which is located at 297 Constitution Drive in Virginia Beach. The applicant has advised that TowneBank will provide frnancing for this project. Mayor Sessoms wishes to disclose this interest and abstain from voting on the matter. Mayor Sessoms' correspondence of July 12, 2011, is hereby made a part of the record. July 12, 2011 ~®~ '` a 'I^~ ~_ ~ . . ~ ~, Zo ~2 9 Op OUR NAT\ON5 City of VirgirZia Beach VBgov.com WILLIAM D. SESSOMS, JR. MAYOR In Reply Refer to 0044623 July 12, 2011 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 385-4581 FAX (757) 385-5699 wsessomsC~vbgov.com Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) llear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Old Donation Associates, LLC for a Modification of Condition No. 1 of its Conditional Use Permit at 1853 Old Donation Parkway. 2. I have a personal interest in this transaction because I am an officer of TowneBank, which is located at 297 Constitution Drive in Virginia Beach. The applicant has advised that TowneBank will provide financing for this project. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Mrs. Ruth Hodges Fraser -2- Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Thank you for your assistance and cooperation in this matter. Sincerely, William D. Sessoms Mayor July 12, 2011 WDS/RRI -46- Item V L.2. PLANNING ITEM # 61109 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED , BY CONSENT, Ordinance upon Application of ROSE and DOUGLAS CHANDLER for a Conditional Use Permit re residential wildlife rehabilitation at 1620 Grey Friars Chase. (GPIN 1475745929) DISTRICT 1 -CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ROSE and DOUGLAS CHANDLER for a Conditional Use Permit re residential wildlife rehabilitation at 1620 Grey Friars Chase. (GPIN 1475745929) DISTRICT 1 -CENTERVILLE 8071137431 The following conditions shall be required: 1. The applicant shall adhere to the standards of Section 242.3 of the City Zoning Ordinance (CZO) pertaining to Home-Based Wildlife Rehabilitation facilities. 2. No portion of the aviary or other cages that house waterfowl shall be located within fifty (SO) feet of the canal nor within the fifty (SO) foot drainage easement shown on the submitted Plan entitled, "Lot 6, Bellamy Plantation, "dated January 30, 2004, prepared by WPL. 3. A three (3) foot by eighty (80) foot wide mulched [four (4) to six (6) inches in depth) bed with plant material shall be installed above the top of bank that is depicted on said Plan running along the eastern fence line to intercept and ftlter stormwater from the site prior to it entering the canal. 4. The aviary or other cage structures shall meet the minimum zoning setbacks of ten (10) feet from the side property line. S. A row of evergreen shrubs installed at four (4) feet on center, minimum thirty-six (36) inches at installation, reaching a height of at least eight (8) feet at maturity, shall be installed the length of the northern wall of the aviary to provide screening to the adjacent neighbor. 6. A Site Plan depicting consistency with all conditions herein shall be submitted to the current Planning Division of the Planning Department prior to issuance of a building permit. 7. The use shall be administratively reviewed in one (1) year to ensure these conditions are being followed. 8. Any food stored outside shall be in airtight, animal proof containers, out of public view. 9. A fence encompassing the aviary as shown on said Plan shall remain in place and in good repair as long as the Conditional Use Permit is active. July 12, 2011 -47- Item i!L.2. PLANNING ITEM # 61109 (Continued) This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the Ciry of Virginia Beach, Virginia, on the Twelfth day of July, Two Thousand Eleven Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 12, 2011 -48- Item V.L3. PLANNING ITEM # 61110 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED , BY CONSENT, Ordinance upon Application of LAWSON HALL ASSOCIATES, LLC for a Modi acation of Proffers Nos. 2 and 4 of the Conditional Chan~o Zoning (WITHOUT aFOUR-WAY STOP) at 5525 Lawson Hall Road . (GPIN 1468372672 DISTRICT 4 -BAYSIDE (approved by City Council on May 23, 2006) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of LAWSON HALL ASSOCIATES, LLC, Modi acation of Conditional Change o Zonin , 5525 Lawson Hall Road (GPIN 1468372672). DISTRICT 4 -BAYSIDE The following condition shall be required.• 1 .An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of July, Two Thousand Eleven Voting: 9-1 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley Council Members Absent: None July 12, 2011 G1N1A BEA ~ J`4~~~~~`~~ c~ •L ~' ~ %';;1t~~ 'r ~ f ` ~ ~ `` .Z a .~~ ,~-S Ay ~ OF 00 O J$~f~ .S 0 ~p1 ~pN In Reply Refer To Our File No. DF-7994 TO: Mark D. Stile FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: June 29, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Lawson Hall Associates, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 12, 2011. I have reviewed the subject proffer agreement, dated March 29, 2011 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~ FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS LAWSON HALL ASSOCIATES, 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 March, 2011, by and between LAWSON HALL ASSOCIATES, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Bayside District of the City of Virginia Beach, Virginia, containing approximately x.23 acres, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference said property hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of thE~ PREPARED BY: SYKES, I?OUptD(DN. d~ Al1FRN ~ 1.1:VI',1D.C. previously proffered Covenants, Restrictions and Conditions dated October 3i, 2005 andl. recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach;. Virginia as Instrument #20o6o53iooo82i92o (hereinafter "2006 Proffers"), to reflect: amendments applicable to the land use plan on the Property; and GPIN: 1468-3~-2672-0000 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 28i Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 PREPARED BY: Q : S~'IZ~S. ~®U~~DN, d~ A~IERN ~ L~V1', I.C. WHEREAS, the Grantee's policy is to pro~~ide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the 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 proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: i. When the Property is developed, the entrance, streets, trails, landscaping and fencing shall be substantially in accordance with the "Concept Plan `A' LAWSON HALL", dated June g, 2005, prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. Vehicular Ingress and Egress shall be via one (~) curb cut from Lawson Hall Road as depicted on the Concept Plan and the Grantor shall dedicate the necessary right of 2 way and construct aright-turn lane on Lawson Hall Road at its intersection with Diamond Springs Road. 3. When the Property is developed, it shall be a mandatory membership residential condominium. There will be no more than sixty-five (65) residential condominium units, each of which shall have a garage, within eighteen (i8) residential buildings as depicted on the Concept Plan. 4. The Condominium Association shall own and maintain Lawson Hall as a community center and its offices. The Grantor shall renovate the building and furnish the PREPARED BY: (•~ : SPICES, p®IJR~ON, d~ ~IIERN ~ LEVP, I>.C. community rooms. 5. In addition to incorporating and including the necessary terms, provisions and conditions which comply with the mandates of the Virginia Condominium Act (§55- 79.39 et seq.), the Condominium Declaration and By-laws for Lawson Hall which will govern the community shall contain the specific conditions, restrictions, rules and regulations concerning "Leasing", "Appearance", "Noise", "Access and Parking" and "Pets" as set forth in the "Partial Lawson Hall Rules and Regulations" dated March 29, 2oii, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 6. As a condition of obtaining Site Plan approval and commencing development, the Grantor shall submit a Comprehensive Tree and Garden Preservation Plan to the Grantee's Planning Director and Arborist for review and approval. The Grantor shall strictly adhere to these Preservation Plans throughout the development of this community. The Condominium Association shall be responsible for preserving the trees and gardens, and maintaining the Property post development. 7. When the Property is developed, the entrance sign and perimeter fencing depicted on the Concept Plan shall be constructed substantially in accordance with the exhibit entitled "LAWSON HALL ENTRANCE FEATURE AND FENCING PLAN", which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department ("Fencing Plan"). 8. The areas depicted on the Concept Plan which will not be occupied by buildings, including porches, patios, balconies, or decks, drive aisles, parking areas, entrance features and fencing are open spaces which may only be utilized as such. Open Spaces shall be maintained and used by the Condominium Association consistent with the 3 intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). g. Upon its recordation, this First Amendment to Proffered Covenants, Restrictions and Conditions shall be deemed to replace and supersede the 2006 Proffers. io. Further conditions maybe 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, 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: PREPARED BY: SXICES, $$OURD~DN, d~ A~It'RN $~ ~tVY, R.C. (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 sucl ~ conditions be remedied; and (b) to bring legal action or suit to insure compliance witri such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 4 (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. PREPARED BY: Q : SYKtS, $30URD~N. d~ ~~~ERN & LEVY. ~.C. 5 WITNESS the following signature and seal: Grantor: Lawson Hall Associates, L.L.C., a Virginia limited liability company ,,. ,_ ~, ~' -~' ~ '1 (SEAL) Thomas`U~l~ag~er~, Managing Member PREPARED BY: Q : S`L'ICES. $~®U~2D~DN. d~ ~4~dE~2N ~ 1.EV1'. P.C. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 3oth day of March, 2oii, by Thomas Gallagher, Managing Member of Lawson Hall Associates, L.L.C., a Virginia limited liability company, Grantor. /~ t'~ ~ ~ - Notary Public My Commission Expires: August 31, 2014 Notary Registration No.: ig2628 EXHIBIT "A" ALL THAT CERTAIN lot, piece or parcel of land, with the buildings and improvements thereon, if any, situated in the City of Virginia Beach, State of Virginia, and known, numbered and designated as Lot 88, on that certain plat entitled, "Subdivision of a Portion of The Hodgman Property for R.G. Moore Building Corporation, a Virginia Corporation, and Independent Developers, Ltd., a Virginia Corporation, Bayside Borough, Virginia Beach, Virginia", dated July 1~, 1984, made by Langley & McDonald, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 188, at Page 21, containing 3i4,98i square feet or x.23 acres. GPIN: 1468-3~-262-0000 \\Sykesw2k\users\AM\ModificationofProffers\Lawson Hall Associates\ist Amendment to Proffers.doc PREPARED BY: Q : Sv[CES. ~®iJRt~1DN. d~ A19ERN ~ Lam', P.C. N C C O V w. O c~ 'tt W 0 a M M N c d OQ. N ti ~~ ~ N C 0 O 4. ~ o o= v 'w .fi o 30 fia ._ N 4 V1 -49- Item V.L.4/S. PLANNING ITEM # 61111 Council Lady Henley believed there needed to be a viable access to this property (other than North Landing Road). One of the requirements, design principals, of the new ITA Plan is that each development would strive to attain SO% open space. This is slightly less than 50% (approximately 35%). Staff is making sure some of the very large trees in this area will be maintained in the open space configuration. Some open space is being achieved on the other parcel which would have otherwise been available as a mini warehouse. The applicant has also agreed to go through the process to have both of these properties included in the Historical Cultural District. Therefore, the build-out of this property would be more compatible with this area. Attorney R. E. Bourdon, represented the applicant (Magnolia Green) and advised it has been their desire this would occur. Attorney Bourdon expected a significant number of the residents of the thirty-eight (38) homes will utilize James Madison. Meetings with staff and the City Attorney's office have occurred. Everyone is in total accord. This is a public right-of--way. The streets will be connected Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances upon Application of TOWNS DEVELOPMENT CORP. /COURTHOUSE SELF-STORAGE ASSOCIATES, LLC. for Chan ego Zoning District Classification at 2504 North Landing Road DISTRICT 7 -PRINCESS ANNE B-lA Limited Community Business to Conditional PD-H2 Planned Unit Development and underlying R-SD Residential District AG-1 Agriculture to Conditional PD-H2 Planned Unit Development and underlying R-SD Residential District BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of TOWNS DEVELOPMENT CORP. /COURTHOUSE SELF-STORAGE ASSOCIATES, LLC., Change of Zoning District Classi acation, B-IA Limited Community Business to Conditional PD-H2 Planned Unit Development and underlying R-SD Residential District (GPIN 1494711651). Comprehensive Plan - Princess Anne Commons, Density 4 units /acre DISTRICT 7 -PRINCESS ANNE DISTRICT AND, Ordinance upon application of TOWNS DEVELOPMENT CORP., Change o Zoning District Classi acation, AG-1 Agriculture to Conditional PD-H2 Planned Unit Development and underlying R-SD Residential District, 2504 North Landing Road (GPIN 1494716347). Comprehensive Plan -Princess Anne Commons, Density 4 units /acre. DISTRICT 7 - PRINCESS ANNE. July 12, 2011 -SO- Item V.L.4/5. PLANNING ITEM # 61111 (Continued) The following condition shall be required: 1 .An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of July, Two Thousand Eleven Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 12, 2011 ~1NtA~BFAc O ' ~ G~ U~~''~ n ~~ ,yip ~ U CLA . \ _ ~ ~ , n O~ `~C~ ~_~ 9`,RC'h~~4~k ~ ~ a ~~~, 0~(i OF OUR NPt\~N~ In Reply Refer To Our File No. DF-7959 TO: Mark D. Stiles FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: June 29, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Towne Development Corporation The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 12, 2011. I have reviewed the subject proffer agreement, dated January 31, 2011 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~ TOWNE DEVELOPMENT CORP., a Virginia corporation COURTHOUSE SELF-STORAGE ASSOCIATES, 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 31St day of January, 2011, by and between TOWNE DEVELOPMENT CORP., a Virginia corporation, party of the first part, Grantor; COURTHOUSE SELF-STORAGE ASSOCIATES, L.L.C., 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 Princess Anne District of the.. City of Virginia Beach, containing approximately 6.008 acres which is more particularly described as "Parcel 1" in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel along with the other parcel described in Exhibit "A" is hereinafter referred to collectively as the "Property"~ and WHEREAS, the party of the second part is the owner of that parcel of property located PREPARED BY: d~ ~4111:RN & LtVI'. P.C. in the Princess Anne District of the City of Virginia Beach, containing approximately 3.933 acres which is more particularly described as "Parcel 2" in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel along with the other parcel described in Exhibit "A" is hereinafter referred to collectively as the "Property"; and GPIN: 1494-71-6347 (Parcel 1) 1494-71-1651 (Parcel 2) Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. z8i Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the party of the first part as the owner of Parcel 1 and as contract. purchaser of Parcel 2 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 Classifications of the two (2) parcels that together comprise the Property from AG-2 Agricultural District and Conditional B-iA Commercial District to Conditional PD-H2 Planned Unit Development District with an underlying R-5D 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 WHEREAS, the Grantor acknowledges that the competing and sometimes PREPARED BY: Q, ~ SYKtS, BoURD~N, '~ ~~ A~~ERN ~ I.KVI',1D.C. 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 R-5D 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 q_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: 1. When the Property is developed, it shall be as a residential condominium of single family homes, substantially in accordance with the Land Use Plan designated 2 "COURTHOUSE CENTRE GREENE", sheets i and 2, dated i/3o/ii, prepared by Towne Development Corp., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Land Use Plan"). 2. When the Property is developed, the primary vehicular Ingress and Egress to the Property shall be from North Landing Road as depicted on the Land Use Plan. 3. The total number of dwelling units permitted to be constructed on thc~ Property shall not exceed thirty-eight (38). Each two-story dwelling unit shall contain ~i minimum of i6oo square feet of living area excluding garage and each one-story dwelling unit shall contain a minimum of i4oo square feet of living area excluding garage. Every dwelling unit shall have at a minimum, a one car garage. 4. The architectural design of the residential dwellings and any detached garages will be substantially as depicted on the eighteen (i8) dwelling .Elevations and four (4) detached garage Elevations designated "COURTHOUSE CENTRE GREENE" dated 1/28/11, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Elevations"). The exterior building materials shall be a combination of architectural shingles, hand-split cedar shakes, raised seam metal room accents, Hardie-plank premium vinyl siding, wood, true stucco, hardboard and masonry. 5. The dimensional requirements applicable to Courthouse Centre Greene Land. Use Plan shall be as follows: • Minimum Distance from Dwelling to Edge of Curb on Interior Streets: Front or Side 15 feet (Porches, covered porches and steps may encroach within the Front or Side i5 foot setback) • Minimum Setback from Dwelling to Adjacent Properties: Sides and Rears i5 feet • Minimum Distance between Residential Dwellings: io feet • Minimum Distance between an Accessory Structure and a Residential Dwelling which is not the Principal Dwelling: io feet PREPARED BY: ~, : ~v~C[S, $$©'~1k~~DN, d~ {~1It]~N ~ ~_tV1'. ~.C. • Minimum setback from Accessory Structures to Adjacent Properties: 5 feet • Lot Coverage: The maximum lot coverage shall be forty-five percent (45%) of the total area of the 3 property, excluding areas designated as Community Common Areas and streets. Lot coverage is defined as the ground level area covered by enclosed and covered building space. This shall not include areas covered by eaves and roof overhangs, nor shall it include accessory structures, or covered but unenclosed entrances, decks and patios. • Accessory Structures: The term "Accessory Structure" shall mean: (a) Condominium Association or Declarant approved storage sheds equal to or less than i5o square feet; (b) Condominium Association or Declarant approved inground swimming pool; (c) Condominium Association or Declarant approved decks and patios which may include a spa or hot tub; (d) Condominium Association or Declarant approved detached garage substantially consistent with Elevations (see Proffer #4). • Parking Spaces: Each dwelling shall have a minimum of two (2) off-street, hard surface parking spaces with dimensions of 8 feet by i8 feet, excluding the garage. PREPARED BY: d~ ~~1tkN ~ i.tV~'.1~.~. 6. When the Property is developed, the boundary line fencing shall be limited to those portions of the Property's boundary line designated on the exhibit entitled "DEVELOPMENT PLAN COURTHOUSE CENTRE GREEN - FENCING TYPE AND LOCATION", Sheet 1 of 5, dated i-3o-ii, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Fencing Plan"). As designated on the Fencing Plan, the sections of "4' Picket" and "6' Privacy" fencing, as well as the brick columns shall be substantially as depicted on the Exhibit entitled "DEVELOPMENT PLAN COURTHOUSE CENTRE GREENE -FENCING TYPE AND LOCATION", Sheets i, 2, 3, 4 & 5 of 5, dated Jan. 30, 2oii. ~. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The 4 Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, PREPARED BY: Q.: S~~uts. ~otr~~~~~ra. P:jil~ A~It~N ~ i.t'a~,1).C. common areas, landscaping and other improvements on the Property as depicted on thE~ Land Use Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. 8. The Common Areas depicted on the Land Use Plan which will not be occupied by residential dwellings, accessory structures, limited common elements (fenced or' unfenced), drive aisles, and parking areas are Common Areas or Community Common Areas which shall be utilized as such. These Common Areas shall be rezoned to P-1 Preservation District prior to Site Plan approval and they shall be landscaped as designated on the Land Use Plan. The Common Areas 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"). g. When the Property is developed, street lights shall be a black colonial head mounted on a black pole at distances and heights similar to those found along George Mason Boulevard to the north of the Property. The Community Identification Signs designated on the Land Use Plan shall not be internally illuminated and may be externally illuminated by ground level lighting. These Community Identification Signs shall be substantially as depicted on the exhibit entitled "COMMUNITY IDENTIFICATION SIGN COURTHOUSE CENTRE GREEN (TO BE DEVELOPED AS `MAGNOLIA GREEN')", dated i-3o-ii, which exhibit has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. io. 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 5 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, 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: (~) 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: ~Y~tS, B~6J~~~ld, ~~ ~1~~~'N ~ ~.rYl',1D.C. 6 WITNESS the following signature and seal: Grantor: Towne Development Cnorp., a Virginia corporation '/ By: ~.~~t~'- ' (SEAL) Carl E. Shubert, Jr., President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 3ist day of January, 2011, by Carl E. Shubert, Jr., President of Towne Development Corp., a Virginia corporation, Grantor. _ i r , ,/ ,~ ,~ ~~,,~ ~~/ :~ s'~ - ,~ otary Public PREPARED BY: d~ A~~£~2N $~ t£VY, P.C. My Commission Expires: August 31, 2014 Notary Registration No.: 192628 . v .~~ ,~' Q -~ :i p~ Q 7 WITNESS the following signature and seal: Grantor: Courthouse Self-Storage Associates, L.L.C., a Virginia limited liability company ~.. By; -~~~~.~!~---~~ (sEAL~ Richard D. Allred, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 31St day of January, 2011, by Richard D. Allred, Managing Member of Courthouse Self-Storage Associates, L.L.C., a Virginia limited liability company, Grantor. ~r / Notary Public ~,,,~ PREPARED BY: S5'u~S. ~®U~2D~DN, ~Y~ A9§E~~N ~ Lam, P.C. My Commission Expires: August 3i, 2oi4 Notary Registration No.: 192628 ~_, :~ i. 8 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as PARCEL Ai, as shown on that certain plat entitled "SUBDIVISION OF LOTS A & B, SUBDIVISION OF BREWER PROPERTY (M.B. 233, P. 53)~ PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 238, at Page 79. Save and except the 1,714 square foot (0.039 acre) parcel designated as "AREA TO BE ACQUIRED FOR PROPOSED RIGHT OF WAY" on that certain plat entitled "PARCEL oil PLAT SHOWING PROPOSED RIGHT OF WAY AND EASEMENTS TO BE ACQUIRED FOR NIMMO PARKWAY /WEST NECK ROAD IMPROVEMENTS CIP 2-qgo FROM TOWNE DEVELOPMENT CORPORATION", dated November 26, 2001, prepared by Precision Measurements ,Inc. and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument 200306020084759• GPIN: 1494-71-6347 Parcel 2: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Parcel B-3B, containing 3.933 acres, more or less, as shown on that certain plat entitled "Subdivision of Parcel 3B, Subdivision of BREWER PROPERTY", dated Mary 30, 1996, made by Kellam-Gerwitz Engineering, Inc., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 253, at Page 31. GPIN: 1494-71-1651 \\Sykesw2k\users\AM\Conditional Rezoning\Towne Development Corp\Proffer.doc PREPARED BY: d~ Al1~RN $~ LEVY, t~.C. 9 z ~ _ ~ ~ _ r ~ s z x ~. _ ~ ,. i. ~:~ ~ ~t ~ yam. ' , 4,! .~ -~ ^l ~ l ~ i_~ 6,J1 `~ _ .~ ~~ G ' { `t ~ t 1. r ~. ~ i _ A ~. ~ _. A ~ ~ ~ T S ~ LJ L i J _ _ l iJ l i ~i~ ._S J ~ y~1~ i ~ t~l~ V ~~~~ ,,,F ~ ~.~. ~.7~ L~ V J J .Jt _ ' y J .. L_ _ i f J 1 ~.~ (w.Ld~M J -! L~ :~ l~ ~ l C 4`~ ~ ~ ~ ~ Q C ,~ r. A=~ a._~~t_~~aL~ ~ _.,~~ ,. _ a _ _ z ~. T- r z ~: L _ _ Z ~ _L 7 ~~ ,l. ~ ~O ~-- { t t.J LJ L.I LJ ..J Lr C} _ ;~,,~ L~ , _ ~ ,~ - - ~ `~ V C71 ,. /. ,. _ '' 'T T 'i- -.. / ..~. .,.. , / i ~ ~~ .. ... L. ,... J Z. 1 ., . ~' r ~ ~ _ ~ L ~~ ~S - t 1" ~l ~ _ _ _ 1', may: ~ ',r~a/~ ~ ,, i ~ t ~ ~ - ~ ..~ i ~ i_.i -] u i~i x ~ i r~~ .-, ~ y ~ ~ ~ ~ t ~~ ~ ~ ~ ~. ~ ~ r ~. ,_ ~ °' ~ ~ a 5~ 5 ,r (~ H ~ ~~ f` C w. C ~ - SI - Item V.L.6a/b/c. PLANNING ITEM # 61112 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Zoning Ordinance (CZO) re: a. Sections 502 and 602 re setback requirements for certain accessory structures in the R-SD, R-SR, R-2. S and Apartment Zoning Districts b. Section 801 re accessory uses in the Office Zoning Districts c. Sections 801, 901 and 1001 re religious uses Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 12, 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 AN ORDINANCE TO AMEND SECTIONS 502 AND 602 OF THE CITY ZONING ORDINANCE PERTAINING TO SETBACK REQUIREMENTS FOR CERTAIN ACCESSORY STRUCTURES IN THE R-5D, R-5R, R-2.5 AND APARTMENT ZONING DISTRICTS Sections Amended: §§ 502 and 602 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 502 and 602 of the City Zoning Ordinance are hereby amended and reordained to read as follows: ARTICLE 5. RESIDENTIAL DISTRICTS. Section 502. Dimensional requirements. The following chart lists the requirements within the R-5D Residential District for minimum lot area, width, yard spacing and maximum lot coverage for duplex and semidetached dwellings. (b) For duplex and semidetached dwellings in the R-5D Residential District: TABLE INSET: Duplexes (6.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except 5 feet when adjacent to a street (7.1) Minimum rear yard setback for accessory structures no larger than 150 square feet in area and 5 feet with an eave height no greater than 8 feet except when adjacent to a street Semidetached ri feet 5 feet 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 The following chart lists the requirements within the R-5R Residential District for minimum lot area, width, yard spacing and maximum lot coverage for duplex and semidetached dwellings. (b1) For duplex and semidetached dwellings in the R-5R Residential District: TABLE INSET: Duplexes (6.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except 5 feet when adjacent to a street (7.1) Minimum rear vard setback for accessory structures no larger than 150 square feet in area and 5 feet with an eave height no greater than 8 feet except when adjacent to a street Semidetached .r, fPP_t 5 feet The following chart lists the requirements within the R-2.5 Residential Districts for minimum lot area, average lot area, lot width, yard spacing, maximum lot coverage and maximum number of units that can be attached for attached dwellings (townhouses). (c) For attached dwellings (townhouses): TABLE INSET: (7.1) Minimum side vard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street (9) Minims ~m roor ~rorr~ ~nnooo~r~i hi ~il~inno loon +hr.n ~8(-~-~g~ ~°~f~~ Minimum rear yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street Residential Districts R-2.5 5 feet 5 feet 46 47 ARTICLE 6. APARTMENT DISTRICTS. 48 49 .... 50 51 Section 602. Dimensional requirements. 52 53 .... 54 55 The following chart lists the requirements within the A-12 through A-36 56 Apartment Districts for minimum lot area, width, yard spacing and maximum lot 57 coverage for semidetached dwellings. 58 59 (a) For semidetached dwellings: 60 61 TABLE INSET: Apartment Districts A-12 A-18 A-24 A-36 ~.1) Minimum side yard setback for accessor~r structures no larger than 150 square feet in area and with an eave height no greater than 8 feet 5 feet 5 feet 5 feet 5 feet except when adjacent to a street (5.1) Minimum rear yard setback for accessory structures no larger than 150 square feet in area 5 feet 5 feet 5 feet 5 fE~et and with an eave hei hq t no greater than 8 feet except when adjacent to a street 62 63 The following chart lists the requirements within the A-12 through A-36 64 Apartment Districts for minimum lot area, width, yard spacing and maximum lot 65 coverage for duplex dwellings. 66 67 (b) For duplex dwellings: 68 69 TABLE INSET: Apartment Districts (4.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street A-12 A-18 A-24 A-36 5 feet 5 feet 5 feet 5 feet (5.1) Minimum rear yard setback for accessory structures no larger than 150 square feet in area 5 feet 5 feet 5 feet 5 feet and with an eave height no greater than 8 feet except when adjacent to a street 70 71 The following chart lists the requirements within the A-12 through A-24 72 Apartment Districts for minimum lot area, width, yard spacing, maximum lot coverage, 73 maximum density and maximum number of units constructed in a single building for 74 single-family attached dwellings (townhouses). 75 76 (c) For attached dwellings (townhouses): 77 78 TABLE INSET: Apartment Districts A-12 A-18 A-24 (7.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet 5 feet 5 feet 5 feet except when adjacent to a street (9) fk~an-~sq~ ~~;~°+~e~: Minimum rear yard setback for accessory structures no larger than 150 5 feet 5 feet 5 feet square feet in area and with an eave height no greater than 8 feet except when adiacent to a street 79 80 The following chart lists the requirements within the A-12 through A-36 81 Apartment Districts for minimum lot area, width, yard spacing, maximum lot coverage, 82 and maximum density for multiple-family dwellings. 83 84 (d) For multiple-family dwellings: 85 TABLE INSET: (4.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street Apartment Districts A-12 A-18 A-24 A-36 5 feet 5 feet 5 feet 5 feet X5.1) Minimum rear yard setback for accessory structures no larger than 150 square feet in area 5 feet 5 feet 5 feet 5 feet and with an eave height no greater than 8 feet except when adjacent to a street 86 87 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of 88 July, 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 AN ORDINANCE TO AMEND SECTION 801 OF THE CITY ZONING ORDINANCE PERTAINING TO ACCESSORY USES IN THE OFFICE ZONING DISTRICTS Section Amended: § 801 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 801 of the City Zoning Ordinance is hereby amended and reordained to read as follows: ARTICLE 8. OFFICE DISTRICTS Sec. 801. Use regulations. (b) Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to principal uses and structures, including but not limited to: (1) As appropriate to the principal use, ethical pharmacies, dental laboratories, and the fitting and sale of eyeglasses, hearing aids, prosthetic appliances, and the like, ~-se te#~I-#leer oro~ in~inl~iorl in +ho nrinnin~l i goo Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of July, 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 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE TO AMEND SECTIONS 801, 901 AND 1001 OF THE CITY ZONING ORDINANCE PERTAINING TO RELIGIOUS USES City Zoning Ordinance Sections Amended: §§ 801, 901 and 1001 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 801, 901 and 1001 of the City Zoning Ordinance are hereby amended and reordained to read as follows: ARTICLE 8. OFFICE DISTRICTS Sec. 801. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the O-1 and O-2 Office Districts. Those uses and structures in the respective office districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use O 1 02 Religious uses with a floor area areater than 4.000 sauare feet C C Religious uses with a maximum floor area of 4,000 square feet P P ARTICLE 9. BUSINESS DISTRICTS Sec. 901. Use regulations. 47 (a) Principal and conditional uses. The following chart lists those uses permitted within 48 the B-1 through B-4K Business Districts. Those uses and structures in the 49 respective business districts shall be permitted as either principal uses indicated by 50 a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 51 "X" shall be prohibited in the respective districts. No uses or structures other than 52 as specified shall be permitted. 53 54 Use 8-1 8-1A 8-2 8-3 8-3A 8-4 8-4 C 8-4K 55 56 .... 57 58 Religious uses with a 59 floor area greater than 60 4,000 square feet C C C C C C C C 61 62 Religious uses with 63 a maximum floor area 64 of 4,000 square feet P P P P P P P P 65 .... - - - - - - - - 66 67 ARTICLE 10. INDUSTRIAL DISTRICTS 68 69 .... 70 71 Sec. 1001. Use regulations. 72 73 (a) Principal and conditional uses. The following chart lists those uses permitted within 74 the I-1 and I-2 Industrial Districts. Those uses and structures in the respective 75 industrial districts shall be permitted as either principal uses indicated by a "P" or as 76 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall 77 be prohibited in the respective districts. No uses or structures other than as 78 specified shall be permitted. 79 80 Use 1-1 1-2 81 82 .... 83 84 Religious uses, except freestanding1 85 with a floor area greater than 4,000 86 square feet C C 87 88 Religious uses, except freestanding 89 with a maximum floor area of 90 4,000 square feet P P 91 92 .... Adopted by the Council of the City of Virginia Beach, Virginia, on the 12t" day of July, 2011. -52- Item M.l APPOINTMENTS ITEM # 61113 Mayor Sessoms ENTERTAINED A MOTION TO APPOINT: Prescott Sherrod to fill the At-Large City Council Vacancy created by the Resignation of Council Member Rita Sweet Bellitto. Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council APPOINTED: Prescott Sherrod CITY COUNCIL MEMBER AT-LARGE Effective August 1, 2011 The balance of the Unexpired Bellitto At-Large term (through December 3l, 2014) will be filled by whoever is elected and qualified after the Special Election November 8, 2011 Voting: 9-1 Council Members Voting Aye: 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: William R. "Bill " DeSteph Council Members Absent: None July 12, 2011 -53- Item M.2. APPOINTMENTS ITEM # 61114 BY CONSENSUS, City Council RESCHEDULED the following appointments: COMMUNITYMEDICAL ADVISORY COMMISSION COMMUNITY SER VICES BOARD DEVELOPMENT A UTHORITY HISTORICAL REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW and ALLOCATION COMMITTEE (COG) July 12, 2011 -54- Item M.3. APPOINTMENTS ITEM # 6111 S Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Joseph A. Miller Martin A. Thomas 3 year terms - 07/01/2011- 06/30/2014 BAYFRONT ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: July 12, 2011 -SS- Item V.P. ADJOURNMENT ITEM # 61116 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:24 P.M. Beverly .Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor July 12, 2011 -55- Item V.P. ADJOURNMENT ITEM # 61116 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:24 P.M. ~y~~~/~ Beverly O. Hooks, CMC Chief Deputy City Clerk - -- - ---- -- .~1~-r'-/ uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor July 12, 2011