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NOVEMBER 23, 1999 MINUTES(2ity of Virginia "COMMUNITY FOR A CITY COUNCIL $IAYOR MEY£RA F OBERYDORF Al Larg~ VI( E ~IAYOR WILLIAM D SLSSOM~ JR At Latgt LI,%WOOD 0 BRAN( H III D~str~ ! 6 Beath MARGARET L EURE Dt~trt~ t I ( t nit ! ~ tilt WILLIAM W HARRISON JR Dtvottt 5 I vnnha~en HAROI D ttEI~CHOBLR At Latgt B4RB4RA ~! IIFNLEY Dtqttrt 7 Pttnte~ Anne LOUIS R JONE¥ Dtvtt.t 4 Bav*tdt REBA ~ ~4t CI ANAN Dtstrttt 3 Ro~t thdl NAN( Y K PARKER At Large 4 M (DON) WFEK~ Dt~trut 2 Kempvvtlle JAMES K SPORE Ctty Manager LESLIE L LILLEY Cttv Attorney RUTH HODGES 5~,IlTIt C~IC~AAE City Chtk CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE WRGINIA BEACH VIRGINIA 2 ~456 9005 PIIONF (757) 427 4~0~ FAX (757) 426 5669 MAIL CTYCNCLt~ CITY VIRGINIA BFACI'! VA tis November 23, 1999 I. CITY MANAGER'S BRIEFING - Conference Room - 3:30 PM m. OPEN SPACE- PLAN OF ACTION [30 m~n.] Sara Hensley, Director of Parks and Recreation II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber- 6:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Donald Howard Brook Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS November 9, 1999 G. AGENDA FOR FORMAL SESSION The Consent Agenda wtll be determined durtng the Agenda Review Session and constdered tn the ordtnary course of bustness by Ctty Counctl to be enacted by one motion. H. PUBLIC HEARING 1. CENTRAL BUSINESS DISTRICT- Tax Increment Financing I. MAYOR'S INTRODUCTION o HISTORY PRESERVATION PARTNERSHIP Mac Rawls, Director, Department of Museums J. ORDINANCES Ordinance to designate an area in the Pembroke section of the City as the "Central Business District- South" development project and establish the Tax Increment Financing (TIF) for same. 2. Ordinances to AMEND the City Code re historic preservation: Article IV, Chapter 8, ADDING Section 8-91, to estabhsh the Virginia Beach Historical Register, setting forth standards and procedures. b, Section 35-80.1 re partial exemption from real estate taxation for historically significant rehabilitated structures. . Ordinance to ACCEPT and APPROPRIATE a $64,065 Grant from the Virginia Circuit Court Records Preservation Program to the FY 1999-2000 Operating Budget of the Office of the Circuit Court Clerk re scanning plats and placing them in a digital image format; and, estimated revenue from the Commonwealth be increased accordingly. . Ordinance to APPROPRIATE $1,122,002 from the General Fund Balance and $88,700 from the Water and Sewer Fund Retained Earnings re the Gainsharing Program for C~ty employees. 5. License Refunds: $24,566.25 K. PLANNING o NON-ACTION ITEM DEFERRED BY PLANNING COMMISSION November 10, 1999 a, Application of MILDRED M. SMITH for a Conditional Use Permit for a home occupation (customize and repair fishing rods and reels) on the South side of Wildwood Drive, east of Lindsley Drive (1637 Wildwood Drive), conta~mng 21,780 square feet (LYNNHAVEN- DISTRICT 5). . Appllcat~on of LOTUS CREEK ASSOCIATES for a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations, to complete a residential development project on property on Lotus Creek Drive, 270 feet South of Camino Real South, contalmng portions of a 232.8 acre site (PRINCESS ANNE - DISTRICT 7) Deferred Indefinitely: Recommendation: September 28, 1999 APPROVAL . Application of CEW LLC for a Variance to Section 4.4(b) of the Subdivision Ordinance whmh requires all newly created lots meet all reqmrements of the C~ty Zoning Ordinance (CZO) at the East side of Watersedge Drive, South of Kellie Ann Lane (LYNNHAVEN - DISTRICT 5). Recommendation: APPROVAL . Applications of CORNELIUS F. BOYNTON, JR., ANTONINA BOYNTON, LOPE B. PILE and MERCY PILE (KEMPSVILLE - DISTRICT 2): a, D~scontinuance, closure and abandonment of a portion of Jersey Avenue beginning at its Northern terminus and running ~n a Northerly direction to the Southern boundary of V~rgima Beach Boulevard, containing 5607 square feet, to incorporate adjoining properties and facihtate redevelopment bo Conditional Use Permit to replace the CUP approved September 28, 1999, for automobile sales and service at the Southeast comer of V~rginia Beach Boulevard and North Witchduck Road (5085 Virginia Beach Boulevard), containing 21,667 square feet. Deferred: Recommendation: November 9, 1999 APPROVAL . Application of VIRGINIA BEACH CHURCH OF GOD REGENCY for a Conditional Use Permit for a church addition and parking lot at the Southeast comer of Wolfsnare Road and Regency Drive (836 Regency Drive), containing 1.996 acres (BEACH - DISTRICT 6). Recommendation: APPROVAL . Application of SNUG HARBOR DEVELOPMENT LLC, Alan R. (Rick) Gregor, Jr., for a Change of Zoning District Classification from B-2 Community Business District to R-5D Residential Duplex District with a PD-H2 Planned Unit Development District Overlay on the Southwest comer of Pleasure House Road and Lake Drive (2453 Pleasure House Road), containing 40,000 square feet (BAYSIDE - DISTRICT 4). Recommendation: APPROVAL 7. City of Virgima Beach: a. AMEND the Comprehensive Plan Appendix re design GUIDELINES for large retail establishments. b, AMEND Sections 401 and 501 of the City Zoning Ordinance (CZO) re Marriage Commissioners as accessory users in the Agricultural and Res~dentml Districts. Recommendations: APPROVAL L, APPOINTMENTS CHESAPEAKE BAY AREA PRESERVATION AREA BOARD COMMUNITY SERVICE BOARD (CSB) FRANCIS LAND HOUSE BOARD OF GOVERNORS HISTORICAL REVIEW BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION (RAC) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) VOLUNTEER COUNCIL M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) CITY COUNCIL DECEMBER SCHEDULE December 't - 2:00 PM December 14 - 2:00 PM 11/19/99BAP AGENDAXl 1-23-99. www.virg~nia-beach.va.us 7. City of Virginia Beach: ao AMEND the Comprehensive Plan Appendix re design GUIDELINES for large retail establishments. b, AMEND Sections 401 and 501 of the City Zoning Ordinance (CZO) re Marriage Commissioners as accessory users in the Agricultural and Residential Districts. Recommendations: APPROVAL L. APPOINTMENTS CHESAPEAKE BAY AREA PRESERVATION AREA BOARD COMMIYNITY SERVICE BOARD (CSB) FRANCIS LAND HOUSE BOARD OF GOVERNORS HISTORICAL REVIEW BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION (RAC) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) VOLUNTEER COUNCIL M. UNFINISHED BUSINESS N. NEW BUSINESS O, ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD- Telephonic Device for the Deaf) CITY COUNCIL DECEMBER SCHEDULE December 7 - 2:00 PM December 14 - 2:00 PM 11/19/99BAP AGENDA\I 1-23-99. www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~ma Beach, V~rgin~a November 23, 1999 Mayor Meyera Oberndorf called to order the CITY MANAGER'S BRIEFING re OPEN SPACE- PLAN OFACTION tn the Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, November23, 1999, at 3 30 PM Counctl Members Present Margaret L Eure, HaroM Hetschober, Barbara M Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Absent Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr [ENTERED 3 42 P M] [ENTERED 3 45 P M] A M. "Don" Weeks [ENTERED 3 35 P M] -2- CITY MANAGER'S BRIEFING OPEN SPA CE - PLAN OF ACTION 3:30 P.M. ITEM # 45673 Sara Hensley, Dtrector of Parks and Recreatton, provtded tnformatton relattve the Virginia Beach Open Space Program Plan of Action ~lccordtng to a survey conducted by the Amertcan Instttute of Archttects, Open Space and Parks ts one of four factors that best define hvable commumttes Many ttmes communtttes belteve they can not afford to "grow smart" by conservtng open space Evtdence reflects that open space conservatton ts not necessartly an expense, but an tnvestment From first hand expertence communtty leaders and governmental offictals have found that open space protectton does not cost, tt actually pays l/'artous communtttes, stmtlar to ours, have worked to conserve economically important landscaping such as watersheds and farmland and have preserved open space to attract the tourtsts and new bustness Many beIteve they must choose between economic growth or the open space protection However, tn realtty, thts ts not necessartly true There can be a balance Open space protectton ts good for a communtty's health, stabtltty, beauty and qualtty ofltfe Each communtty ts dtfferent and there ts no "one stze fits all" tn creattng a plan for open spacepreservatton It has to be tatlored to the tndtvtdual ctty Barry Frankenfeld, &splayed the Plan of the Bayside Area relative open space acquisitions, the locattons and posstble cost, whtch he had shown to Ctty Counctl at the September21, 1999, Workshop Stnce then, Site 9 encompassing approximately 100 acres, zoned R-7. 5, has been sold for approximately $43,000 an acre Therefore, tn just two months, there wtll be more restdenttal houstng tn thts previous open space There ts an urgency for Counctl actotn on thts tssue On December 30, 1998, the Open Space Advisory Committee, estabhshed by a resolutton of Ctty Counctl, presented a report to establtsh an effecttve Open Space Program The Vtston for the Open Space Program ts "To develop an attracttve, envtronmentally senstttve open space system to tnclude trtals, greenways and scenic waterways, beaches, parks, natural and agricultural areas, scentc road corrtdors, and attracttve, pleastng places to Itve (netghborhoods), work (commercial, bustness and schools) and play Thts system will be developed by following approprtate planntng and tmplementatton strategtes and ctttzen tnvolvement for acqutsttton and development, and tdenttfies the resources needed for long term management An effecttve Open Space Program that addresses vtsual and phystcal open space wtll result tn a "Stgnature Look" for the Ctty" Scope of the Virginia Beach Outdoors Plan 2000 Update The Virginia Beach Outdoors Plan 2000 Update tncorporates a very comprehensive planntng process tncludtng proposed sttes to acquire, and greenways, scentc waterways and trails to develop and mamtatn The program will tnclude a detailed economic analysis of the realtsttc value of acqutsttton of open space tncludtng loss of tax revenues as compared to the cost avotdance of provtdtng servtces and tmprovements The land use tmpltcattons of tmplementtng the Virginia Beach Outdoors Plan transcends what would normally be thought of as Parks and Recreatton goals Consequently, the professtonal servtces of many Ctty agenctes wtll be tncluded Thts program wtll identify acquisition costs, maintenance costs, staff costs and funding alternatives. Thts program wtll be pubhshed as a report whtch could be dtstrtbuted traditionally or electronically November 23, 1999 -3- CITY MANAGER'S BRIEFING OPEN SPACE - PLAN OF ACTION ITEM # 45673 (Continued) Mr Frankenfeld referenced the public involvement program Conduct telephone surveys through professional research firm, stmtlar to the City's customer sattsfactton survey Conduct eight (8)focus group meetings; one -tncludtng advocacy group leaders and seven other focus groups tncludtng ctvtc/communtty leaders from each of the vottng chstricts Examples of focus group questtons How do you define open space - what does open space mean to you ? (1) What group/organizatton should be responstble for acqutrtng/matntatntng the Ctty's open space ? (2) If that organtzatton ts the Ctty, how do you propose the Ctty fund Conduct public information open house Conduct seven public information meetings with citizens by voting districts. SCHEDULE October 1999 November 1999 December 1999 January 2000 February 2000 March 2000 Aprt12000 May 2000 June 2000 July 2000 August 2000 September 2000 October 2000 November 2000 Parks and Recreatton Commtsston Brtefing City Manager Meettng Management Leadership Team Brtefing Ctty Counctl Brtefing Obtatn department input through Department Leadershtp Team Meettng Guage ctttzen tnterest through sctentiftc survey Gather tntttal ctttzen and advocacy group input through focus groups Pubhc open house for general tnformatton Counctl Brtefing on results of tntttal pubhc tnput Pubhc meettng for Baystde Vottng Dtstrtct Pubhc meettng for Oceanfront Vottng Dtstrtct Public meettngfor Lynnhaven Vottng Dtstmct Pubhc meettng for Rose Hall Vottng Dtstrtct Pubhc meettng for Centervtlle Vottng Dtstrtct Pubhc meettng for Prtncess Anne Vottng Dtstrict Pubhc meettng for Kempsvtlle Vottng Dtstrict Complete draft program report avatlable for chstrtbutton General pubhc meettng to dtstrtbute draft program Tentattve adoptton of program/VBOP 2000 Update by Ctty Counctl Thts schedule would have to be cut by two months to comply wtth a November Referendum Mr Frankenfeld beheved the ftrst phase of pubhc tnvolvement would gtve the chrectton as to whether a Referendum would be an tssue A good tnchcatton of thepubhcperceptton relattve fundtng should be known tn March The cost concerning thts Schedule would entail approxtmately $50,000 to $75,000. This ts prtmartly $40, O00 for consulting services and $9,000 for the public meetings. The cost of the scientific survey would be approximately $10-15,000. There wtll be detatled schemattcs durtng the second phase deptcttng where potenttal tratls could be located Mayor Oberndorf and Counctl Lady Henley referenced very strong statements from the pubhc denottng they do not wtsh every tnch of the Ctty to be butlt upon. Vtce Mayor Sessoms hoped a consensus could be developed Counctl Lady Henley advtsed the electorate needs to be aware the Ctty Councd ts hstentng to thetr optntons November 23, 1999 -4- CITY M/INA GER 'S BRIEFING OPEN SPACE - PLAN OF ACTION ITEM # 45673 (Continued) Counctlman Branch concurred wtth Counctl Lady Henley once these open spaces are lost, they are gone forever There are two lots on Twenty-Fourth Street, which have been completely cleared of trees Counctlman Branch requested the Ctty Manager revtew thts parttcular site Mayor Oberndorf advtsed tn the effort to move thts proJect forward, tf the Counctl beheves the pubhc support ts avatlable, thts could be funded tn the FY2000-2001 Operattng Budget Vtce Mayor Sessoms referenced hts support of open space Mr Frankenfeld believes from the voting standpoint of tax increases, the focus group tnformatton and survey would be benefictal Northern Virgtnta has a Park Authortty, whtch has the power to tssue bonds Council Lady Eure advised her personal opinion was to proceed with public input, define the process and be very clear wtth the questton as to how this process would be funded Mr Frankenfield advtsed Counctlman Weeks the standard is 10 acres per 1,000, which has existed for 40 years. The trend now ts to say what supports thts parttcular communtty tn thetr recreatton and thetr hves Ustng those standards, the amount of land could be determtned Based on $100,000 an acre wtth development and matntenance costs, Mr Frankenfeld estimated $100-MILLION for open space, whtch ts relattvely low for a Ctty of thts stze. There were 17 meetings wtth the pubhc regardtng the Comprehenstve Plan, whtch was essentially the same as the open space tssue Perhaps, these comments for the tssue of open space could be utthzed Counctlman Jones beheves the questton ts whether you would rather expend the funds on schools, fire stations, etc. or open space and have a better visual opportunity? If all thts land ts developed, the funds wtll be expended Mayor Oberndorf advtsed the residents of the Shore Drtve area do not comprehend why the Ctty cannot downzone someone's property, buy tt tmmedtately and keep it from having restdenttal denstty Mayor Oberndorf has explatned the Ctty Counctl's prevtous mtshap with down zonmg Mr. Frankenfeld advtsed relattve open space, there would be some precedence for talang property t e Bow Creek Motel It would depend upon locatton, the interest of the communtty, the need, etc There wtll not be just one answer The Ctty Manger advtsed typically the governmental unit pays more than the fart market value The Ctty Manager advtsed the Council Focus Group wtll be scheduled for January 22, 1999 Mr Frankenfeld advtsed the comments from the Comprehenstve Plan are utthzed Approxtmately 'half of those comments concerned better hnkages, connecttons, more trails, parks and open spaces These ttems were top prtortty Counctlman Harrtson advtsed the lost revenue from taking the property off the tax rolls was not menttoned Mr Frankenfield advtsed mformatton relative the cost avoidance scenario wtll be provtded There are 13 separate crtterta tdenttfied t e areas of greatest need - Baystde and Holland Planntng area The key tssue ts the Ctty staff does not recommend buying a parcel less than one acre Counctl Lady Eure was amazed at the tnformatton relattve open space already assessed by the ctty staff Vtce Mayor Sessoms beheves a focus group should be conducted by a professtonal and ts much more benefictal regardtng rehabthty of tnformatton Counctl Lady McClanan said the Plaza Ctvtc League and area wtshes to express apprectatton for the "bulldozers "going to work on Club House Road yesterday There will be a joyous Thanksgtvtng in thts area B Y CONSENSUS, the schedule shall be compressed at a less expenstve rate, returning to Ctty CounctlMarch 2000, wtth prehmtnary pubhc tnput and prehmtnary analysts on total cost, amount of land tn certatn areas and what types of land are to be purchased. The amount of fundtng at the state and federal level to asstst thts effort will be provtded November 23, 1999 -5- AGENDA RE VIE W SESSION 4:25 P.M. ITEM # 45559 ,I1 Or&nance to designate an area in the Pembroke sectton of the Ctty as the "Central Business District - South" development project and estabhsh the Tax Increment Financing (TIF) for same Thts ttem wtll be dtscussed durtng the Formal Sesston ITEM # J 2. Ordtnances to AMEND the City Code re historic preservation: Arttcle IV, Chapter 8, ADDING Sectton 8-91, to estabhsh the Virginia Beach Historical Register, setttngforth standards and procedures b Section 35-80 1 re partial exemption from real estate taxation for historically significant rehabilitated structures. In the Formal Session, Mayor Oberndorf wdl recogntze the three representattve members of the Htstortc Preservatton Partnershtp and read the Memorandum of Understanding. ITEM # 45562 BY CONSENSUS, the followtng ttems shall compose the CONSENT AGENDA ORDINANCES d 2. Ordtnances to AMEND the City Code re htstortc preservatton ao Artlcle IV, Chapter 8, ADDING Sectton 8-91, to estabhsh the Virginia Beach Historical Register, setttngforth standards and procedures b Sectton 35-80 1 re partial exemption from real estate taxation for historically significant rehabilitated structures. J. 3 Ordtnance to ACCEPT and APPROPRIATE a $64,065 Grant from the Vtrgtnta Ctrcutt Court Records Preservatton Program to the FY 1999-2000 Operating Budget of the Office of the Ctrcutt Court Clerk re scanning plats and placing them in a digital image format; and, esttmated revenue from the Commonwealth be increased accordtngly J40r&nance to APPROPRIATE $1,122,002 from the General Fund Balance and $88, 700 from the Water and Sewer Fund Retatned Earntngs re the Gainsharing Program for Ctty employees J5 License Refunds: $24,566.25 Counctl Lady McClanan wtll vote a VERBAL NAY on Item J 4 November 23, 1999 VIRGINIA BEACH HISTORICAL PRESERVATION PARTNERSHIP MEMORANDUM OF UNDERSTANDING WHEREAS, The City of Virgima Beach, The Princess Anne County/Virglma Beach Historical Society and the Tidewater Association of REALTORS realize the ~mportance of the preservauon of sigmficant historic structures/land in the City of Virginia Beach, and desire to unite their efforts so as to efficiemly and econormcally preserve and protect such properties, and WHEREAS, The parties desire to cooperate w~th each other so as to identify all appropriate means to accomplish the preservauon and protecuon of historic properties within the City of Virgima Beach, and WHEREAS, m furtherance of these objecuves, the pames desire to enter into this Non- Binding Memorandum of Understanding whtch ~denufies the proposed responsibilities of the parties and the goals to be attained THEREFORE, the parties agree as follows 1 The parties will continue to cooperate with each other in an effort to identify all lawful and appropriate means to accomplish the protection and preservation of historic properties in the City of Virginia Beach Such efforts shall include, but need not be limited to, an examinauon/evaluation of the following. - The creation of a non-profit, tax-exempt enmy (Entity) to pursue the goals/objectives which may be identified by the parties, including the identification of the means to finance the activities of such Entity - The manner in which the part~es will assist the Entity ~n an furthering its goals/obJectives. - How the Entity will be governed - Establishment of a funding source to permit the Entity to acquire and resell historic propemes in furtherance of its goals/objectives - Identification of a means to implement and enforce restrictions/ covenants which may be recorded for historic properties The City of Virglma Beach will idenu~ the authority available under Virginia law which may be utilized by the City to further the objective of historic preservation ~ncluding the following - The possibility of creating and mmntmmng a City Historic Register - Means to protect and preserve historic properties from future encroachments - Means to encourage/accommodate preservation of historic properties w~thin City codes and ordinances - The possibility of enacting ordinances to allow tax incentives for historic preservation - Means to enforce restrictions/covenants providing for historic preservation The Pnncess Anne County/Virginia Beach Historical Society will examine the possibility and advisability of its creating and sponsoring a non-profit Entity as descnbed in paragraph one (1) Instead of creating a separate Entity, the Princess Anne Coumy/Virginia Beach Historical Society may, if it is so inclined, perform the funcuons of the Entity itself. The Tidewater Association of REALTORS will examine and identify the manner in wtuch the Association can assist in the historic preservation activities described here~n ~ncluding the following. - Idennfying potential sites and owners willing to preserve the ~ntegrity of historic sites - Negotiation for sale or purchase of histonc properties - Marketing of historic properties - Promonon of the efforts of the Entxty to preserve/protect historic properties. 5 In furtherance of the terms of this Memorandum each party shall bear its own expenses incurred No party shall be considered the agent of the other parties and no party has the authority to blnd any other party to any agreement for the payment of goods or services The use of the term "Partnership" refers only to the intention of the parries to support and, where possible, complement the intentions and endeavors of each other for the purpose of preserving the history of the City of Virgima Beach Nothing herein shall be construed as obligating the Virg~ma Beach City Council to enact any ordinance in furtherance of the goals/objectives outlined in this Memorandum This Memorandum may be terminated by any party upon delivery of Notice of tenmnation to the other pames Witness the following signatures CITY OF V[RG~A BEACH THE~CESS ANNE COUNTY/VIRGINIA BEACH HISTORICAL SOCIETY TIDEWATER ASS..OCIATION OF REALTORS B y~i~"-"~~.~~ ( Managei'/AuthCi~dg-/e d CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia -6- AGENDA RE VIEW SESSION ITEM # 45674 K 2 Apphcatton of LOTUS CREEKASSOCIA TESfor a Variance to Sectton 5B of the Site Plan Ordinance, Floodplatn Regulattons, to complete a residenttal development project on property on Lotus Creek Drtve, 270 feet South of Camtno Real South, contamtng porttons of a 232.8 acre site (PRINCESS ANNE - DISTRICT 7) Thts ttem wdl be &scussed during the Formal Session ITEM # 456 75 K. 7 Ctty of Vtrgima Beach a AMEND the Comprehensive Plan Appendix re design GUIDELINES for large retail establishments. Counctlman Harrison referenced several calls from the development commumty requesttng a 6-week deferral They beheve some of the gutdelines are not approprtate and need clarificatton relattve thts meantng Councilman Harrtson had concerns relattve interpretation of some of the provisions Attorney R J Nutter wtll be representtng the Hampton Roads Assoctattonfor Commerctal Real Estate Ifa task force ts formed, he wtll serve Councd Lady McClanan advtsed the opposttton had an opportumty to speak at the Planmng Commtsston She dtd not chsagree wtth chscusston, but chd not understand why tt takes so long. Council Lady McClanan has a copy of Chesapeake's gutdehnes, whtch thetr staff and two Counctl Members compiled within 2 ~ weeks The newspaper wrote a very ntce echtortal relative tts adoptton. ITEM # 45676 K 7 Cay of Vtrgtma Beach AMEND Secttons 401 and 501 of the City Zontng Ordtnance (CZO) re Marriage Commissioners as accessory users tn the Agrtcultural and Restdenttal Dtstrtcts. Vtce Mayor Sessoms advised wed&ngs are occurrtng at different ttmes of the day and outstde creattng chsturbances Vtce Mayor Sessoms tnqutred as to how thts amendment addresses thts type of sttuatton Asststant Ctty Attorney Wtlliam Macah advtsed these problems prompted a revtew of the ordtnance When marriage commissioners perform marriages in thetr home, the acttvtty does not techntcally meet the current definitton of an accessory home occupation because more than one patron ts present The proposed amendment wtll allow marrtage commtsstoners, mtntsters and other persons authortzed by law to perform marrtages, to have as many as etght persons at thetr home for marrtage ceremontes If enforced correctly, marrtages can only occur tnstde the home ITEM # 45677 BY CONSENSUS, the the followmg items shall compose the PLANNING BY CONSENT AGENDA K 3 Apphcatton ofCEWLLCfor a Variance to Sectton 4 4(b) of the Subdtvtston Ordtnance whtch requires all newly created lots meet all requtrements of the Ctty Zontng Ordtnance (CZO) at the East stde of Watersedge Drive, South of Kelhe Ann Lane (L YNNHA VEN - DISTRICT 5) November 23, 1999 -7- AGENDA RE VIE W SESSION ITEM # 456 77 (Continued) K. 4 Apphcattons of CORNELIUS F. BO YNTON, JR., ANTONINA BO YNTON, LOPE B. PILE and MERCY PILE (KEMPSVILLE - DISTRICT 2) ao Dtsconttnuance. closure and abandonment of a portton of Jersey Avenue begmmng at tts Northern terminus and running tn a Northerly dtrectton to the Southern boundary of Vtrgima Beach Boulevard, contamtng 5607square feet, to incorporate adjomtng properttes and facdttate redevelopment Conditional Use Permtt to replace the CUP approved September 28, 1999, for automobtle sales and servtce at the Southeast corner of Vtrginta Beach Boulevard and North Wttchduck Road (5085 Virgtnta Beach Boulevard), contamtng 21,667square feet K5. Apphcatton of VIRGINIA BEACH CHURCH OF GOD REGENCY for a Condtttonal Use Permtt. fora church addition and parktng lot at the Southeast corner of Wolfsnare Road and Regency Drtve (836 Regency Drtve), contatntng 1 996 acres (BEA CH- DISTRICT 6) K. 6. Apphcatton of SNUG HARBOR DEVELOPMENT LLC, Alan R (Rtck) Gregor, Jr, for a Change of Zomng Distrtct Classtficatton from B-2 Communtty, Business Distrtct to R-5D Restdenttal Duplex Dtstrtct wtth a PD-H2 Planned Untt Development Dtstrtct Overlay on the Southwest corner of Pleasure House Road and Lake Drive (2453 Pleasure House Road), contatnmg 40, 000 square feet (BA YSIDE- DISTRICT4) K 7 City of Vtrgtma Beach. AMEND Secttons 401 and 501 of the Ctty Zoning Ordtnance (CZO) re Marriage Commissioners as accessory users tn the Agrtcultural and Restdenttal Dtstrtcts Classtficatton from A-12 Apartment Dtstrtct to R-T3 Resort Tourtst Dtstrtct on the West stde of Pactfic Avenue, 50feet North of 35tn Street (3502 Pactfic Avenue), contammg 6,250 square feet (BEACH- DISTRICT 6) Item 14 wtll be DEFERRED, BY CONSENT, unttl the Ctty Council Session of December 14, 1999 Item I 3 wtll be WITHDR~ WN, BY CONSENT November 23, 1999 -8- CITY COUNCIL COMMENTS 4:36 P.M. ITEM # 456 78 Councdman Harrison referenced the City Manager's correspondence to the General Assembly regar&ng the Lynnhaven Boat and Ramp facility Council Members Harrison and Jones recalled in the CIP dtscusstons last year, tt was represented to the Ctty Councd thts facdtty would be a revenue producing capitalproject Pnmardy on thts basis, thts project was urged to rematn tn the CIP The Councd Members &d reahze at the ame there would be an opportunity for some other fun&ng Thts fun&ng mtght be through the State Salt Water Ftsh~ng Program etther through hcense fees or development fund grants The City has apphed a fee for a grant, which is tn the amount of $250,000. In the apphcaaon, the City agrees not to charge fees for boat launchtng or parktng The facdity wdl be utdized exclusively for boating access Councd Members Harrison and Jones wondered ~the Ctty would be better off to forgo the grant and just charge a fee structure that mtght posstblyplace the Ctty tn a better financtal postaon after two years Councdman Harrtson &d not beheve ~t was the tntenaon of the two Council Lta~sons to only hm~t the park facdtty to boattng access The Ctty Manager advtsed the intent was to determtne ~f grant funds were avadable and then the Ctty Councd would have to make the dec~ston as to whether or not to accept the grant The C~ty Attorney advtsed Councdman Weeks, the terms of the grant reflect whether the requirements are for hfe The Ctty Manager shall advise whether the Owls Creek Boat Ramp and Munden Point Park require free usage forever Regardtng, the Owls Creek Boat Ramp, there ts a slidmg scale whtch prorates the hfe of the facthty and the value of the grant If the Ctty dectded to move same before the exptraaon, as the Martne Sctence Museum was expanded, the Ctty wouldpay backpart of the grant Informatton regardtng the yearly operattng cost shall be provtded ITEM # 456 79 Mayor Oberndorf advtsed durtng the Ctty Councd Workshop of November 16, 1999, there were only four Counctl Members tn attendance. Mayor Oberndorf requested comments relative whether the monthly tnformal workshop is necessary and meettng the needs identtfied several years ago when the City Councd dectded to meet tnformally on the third Tuesday of each month. Councdman Jones advtsed he and Councdman Harrtson met wtth the Shore Drtve Advtsory Commtsston on November 16, 1999, at the same ttme as the Workshop. The staff was chsplaytng the Plan to the Commtsston whtch they wtsh to present to Ctty Counctl The Councd Members felt compelled to be present Councdman Jones would be reluctant to ehmtnate the workshops Councd Lady Eure satd tt was unfortunate that another commtttee met at the same ttme trachtionally scheduled for a City Councd Workshop Councd Lady Eure said she had a son undergotng surgery; however, she was present Mayor Oberndorf advised she wdl have her Secretary poll the Ctty Councd to determtne their attendance ITEM # 45680 Mayor Oberndorf referenced the magaztne, SportsTravel, whtch the Ctty Clerkprovtded Thts reflects the sports markettng that dlumnates the economtc tmpact of the Junior Olymptcs tn Hampton Roads There ts also a very attracttve ad entttled "When you say your team's playing in Virginia Beach, you need to be more specific". Mayor Oberndorf distributed a copy of the magazine ITEM # 45681 Mayor Oberndorf referenced the Judeo-Christian Dinner, Saturday, November 20, 1999, Counctl Members Branch and Parker were personally lauded by the attendees, even though they honored Mrs Brock and Mr Carter Counctl Members Branch and Parker had done a extraordtnaryjob of research and were unselfishly devoted tn thetr commitment to asstst the Outreach tn findtng a smtable place for thetr home for chddren Councd Lady Henley requested prehmtnary data relattve the amount of estabhshed need tn advance of revtewtng a stte November 23, 1999 -9- CITY COUNCIL COMMENTS ITEM # 45681 (Continued) Councd Lady Parker advtsed a new structure has been developed, whtch ss an offshoot of thts program An m&vtdual has been brought on board, who focuses strtctly on chddren tssues separate from the facthty on Seventeenth Street There is a new group that has been formed, wtthin the group, that ss gotng to be overseetng the development and proposal They will be assured of a spectfic target market whtch cannot be broad based and narrow tn thetr focus Councilman Branch advtsed the group ss &ligently working with the City staff He has attended one of those meettngs and st ts a whole dtfferent sttuation Counctlman Hetschober advtsed there ss no one tn this area who knows more about the needs of thts very worthy cause and the communtty of youngsters who need help than Reverend Ted Bashord, Founder of Hope Haven Counctlman Hetschober strongly suggests hts asststance He does a marvelous job Counctl Lady Parker advised she had requested the young lady tn the Judeo-Chrtsttan program to speak wtth Reverend Bashord. He was one of the first mchvtduals Counctl Members Parker and Branch contacted for research purposes November 23, 1999 -10- ITEM # 45682 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Councd Conference Room, Ctty Hall Buddmg, on Tuesday, November 23, 1999, at 4 55PM Councd Members Present Linwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wilham D Sessoms Jr. and A. M "Don" Weeks Counctl Members Absent None November 23, 1999 -11- ITEM # 45683 Mayor Meyera E Oberndorf, entertatned a motton to permit Ctty Councd to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgmta, as amended, for the followtng purpose. PERSONNEL MATTERS Dtscusston , consideratton or tntervtews of prospecttve candidates for employment, asstgnment, appointment, promotion, performance, demotton, salartes, chsctphning, or restgnatton of spectfic pubhc officers, appomtees, or employees pursuant to Sectton 2 1-344 (A) (1) Appotntments Boards and Commtsstons Chesapeake Bay Area Preservation Board Communtty Servtces Board Francts Land House Htstorical Revtew Board Mtnortty Bustness Councd Planmng Commisston Resort Advisory Commtsston Vtrgtnta Beach Communtty Development Corporatton Volunteer Counctl PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttion of real property for a pubhcpurpose, or of the dtsposttton of pubhcly-held real property, where &scussion tn an open meeting would adversely affect the bargatmng positron or negotiating strategy of the pubhc body, pursuant to Sectton 2 1-344(A)(3) Acqutsttton / Dtsposttion of Property - Inchan Rtver Water Company - Corporate Landtng LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, where such consultatton or brtefing tn open meettngs would adversely affect the negottating or htigattngposttton of thepubhc body and consultatton wtth legal counsel employed or retatned by a pubhc body regardtng spectfic matters requirtng the provtston of legal advtce by such counsel pursuant to Sectton 2 1-344(A)(7) To-Wtt Inchan Rtver Water Company Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd voted toproceed tnto CLOSED SESSION. Voting I 1-0 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L. Eure, Wtlham W Harrison, Jr., Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms Jr and A M "Don" Weeks Counctl Members Voting Nay None Counctl Members Absent None November 23, 1999 - 12- FORMAL SESSION VIRGINIA BEA CH CITY COUNCIL November 23, 1999 6:30 P.M. Vtce Mayor Wtlham D Sessoms, Jr, called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Budding, on Tuesday, November 23, 1999, at 6 30 PM Councd Members Present Ltnwood 0 Branch, III, Margaret L. Eure, Wdham W Harrtson, Jr., Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Willtam D Sessoms Jr. and A M "Don" Weeks Counctl Members Absent' None INVOCATION. Reverend Davtd Howard Brook Bapttst Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank disclosed there were no matters on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, either indtvidually or tn his capactty as an officer of Wachovta Bank The Vtce Mayor regularly makes thts Disclosure as he may not know of the Bank's tnterest tn any appltcatton that may come before Ctty Council Vtce Mayor Sessoms' letter of January 4, 1999, ss hereby made a part of the record November 23, 1999 Item V-E. - 13- CER TIFIC,4 TION OF CLOSED SESSION ITEM # 45684 Upon motton by Vice Mayor Sessoms, seconded by Counctlman Hetschober, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public bustness matters lawfully exempted from Open Meeting requtrements by Vtrginia law were dtscussed tn Closed Session to whtch thts certtficatton resolution apphes; AND, Only such pubhc bustness matters as were tdenttfied in the motion conventng the Closed Session were heard, chscussed or considered by Vtrgtnta Beach City Counctl Vottng 11-0 Counctl Members Voting Aye Ltnwood 0 Branch, IIL Margaret L Eure, Wtlham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr. and A M "Don" Weeks Counctl Members Voting Nay None Counctl Members Absent None November 23, 1999 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 # 45683 Pagel 1, and in accordance with the provisions .of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virgima 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 bus~nes,s 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 Virgima Beach City Council. ~ Hodges S({nith, ~MC/AAE City Clerk November 23, 1999 - 14- Item V-F. 1 MINUTES ITEM # 45685 Upon motion by Vtce Mayor Sessoms, seconded by Councd Lady Parker, Ctty Councd APPROVED the Mtnutes of the INFORMAl, AND FORMAL SESSIONS of November 9, 1999. Vottng 11-0 Councd Members Vottng Aye Ltnwood O. Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlltam D Sessoms, Jr and A M "Don" Weeks Councd Members Vottng Nay None Councd Members Absent None November 23, 1999 - 15- Item V-G 1 ADOPT AGENDA FOR FORMAL SESSION ITEM # 45686 BY CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION November 23, 1999 -16- Item V-G. 2. INTR OD UCED ITEM # 4568 7 Mayor Oberndorf recognized the followtng Cub Scout Packs and Boy Scout Troops tn attendance to earn thetr mertt badges for citizenship in the community: CUB SCOUT PACK 1 79 ST. JOHNS THE APOSTLE Den 6- Cobras (Weblos) Joanne Cimo Leader Tony Cimo Assistant Leader BOY SCOUT TROOP 414 Mark Campbell Scoutmaster Sharon Meyer Assistant District Commissioner November 23, 1999 -17- Item V-H. 1. PUBLIC HEARING ITEM # 45688 Mayor Oberndorf DECLARED A PUBLIC HEARING CENTRAL BUSINESS DISTRICT- Tax Increment Financing The followtng registered to speak in SUPPORT Nelson Adcock, Chatrman- Hampton Roads Chamber of Commerce, Vtrgima Beach Dtvtston, 1588 Bay Potnt Drtve, Phone 496-3407 Sanford Cohen, Prestdent- Central Bustness Distrtct Association of Vtrgtma Beach - 2424 Cape Arbor Drtve, Phone 496-8616 The followtng regtstered concerns relattve the Central Bustness District concept Mike Arsuaga, 1709 Woodchff Ctrcle, Phone: 721- 7841 Susan Q Wagner, 900 Poquoson Circle, Phone 340-9048 Mary Punyear Butler, 3300 Doncaster, Phone 340-3300, not speaktngfor or agatnst The Central Bustness Dtstrtct needs to have the City Counctl behtnd them Mayor Meyera E Oberndorf CLOSED THE PUBLIC HEARING November 23, 1999 LESLIE L LILLEY CITY ATTORNEY ity of Virginia lqeach MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH VA 23456 9004 (757) 427 4531 FAX (757) 426-5687 TDD (757) 427-4305 November 9, 1999 Councilmember Louis R Jones Municipal Center Virginia Beach, V~rgima 23456 Dear Councilmember Jones I am writing m response to your request for an opinion as to whether you may participate as City Council's haison in the City' s negotiat~ons with Armada Hoffier for the proposed development of the Central Business District pursuant to a pubhc-pnvate partnership. SUMMARY CONCLUSION Based upon the facts presented, and an apphcatlon of the State and Local Government Conflict of Interests Act to those facts, ~t is my opinion that you do not have a "personal interest" in the above-referenced transaction and that, therefore, you may participate m the transaction w~thout restriction FACTS PRESENTED The City is involved in negotiations with representatives of Armada Hoffier1 concerning the proposed development of the Central Business District pursuant to a pubhc-pnvate partnership, and you have been designated by C~ty Council as its halson for purposes of participating in those negotiations You have advised that your concern, and reason for requesting this opinion, is that you ~There are numerous related companies which have "Arlnada Hoffler" as part of the company name As of the date ofth~s op~mon, ~t ~s not known which Armada Hoffler company will eventually enter into the public-private partnership Proud Rec~pzent of the 1998 U S Senate Medalhon of Excellence for Productzwty and (~tuahty zn the Pubhc Sector Councilmember Louis Jones 2 November 9, 1999 have an ownership interest in Resource Bank which exceeds 3% of the asset value of the bank, and that Armada Hoffier has an existing loan with Resource Bank 2 You have further adwsed, however, that the loan is not secured by any property in the Central Business District, and that Resource Bank has not provided, and will not provide, finanmng to Armada Hoffler for property in the Central Business District or any improvements to be constructed thereon Please review and verify the accuracy of these facts as you may only rely upon th~s opinion if they are correct and complete. ISSUE PRESENTED Are you permitted to participate as City Council's liaison in the City's negotiations with Armada Hoffier for the proposed development of the Central Business District pursuant to a public- private partnership9 DISCUSSION The State and Local Government Conflict of Interests Act (the "Act") ~s set forth ~n § 2 1- 639.1 et seq of the Code of Vlrg~ma (1950), as amended The primary focus of the Act ~s on the personal interests of an officer or employee in the transactions of, and contracts w~th, the governmental or advisory agency of which he or she ~s a member In th~s case, you have a "personal interest" in Resource Bank by virtue of your ownership interest in the bank which exceeds 3% of its asset value. The critical ~nqmry, therefore, is whether or not you have a "personal ~nterest" in the above-referenced transaction due to the fact that Armada Hoffler has an existing loan w~th Resource Bank A "personal interest ~n a transaction," as defined in the Act, exists when an officer or employee or a member of h~s ~mmed~ate family has a personal interest in property or a business, or represents any individual or business and such property, bus~ness or represented individual or business 0) is the subject of the transaction or (n) may reahze a reasonably foreseeable direct or indirect benefit or detriment as a result of the action of the agency cons~denng the transaction 2The loan ~n question is in the name of Armada Hoffler Investment Properties II, and, as stated above, the ~dent~ty of the company that wall eventually enter into the pubhc-pnvate partnership is not known at th~s t~me However, based upon the facts presented, the nature of the relat~onshlp between Armada Hoffler Investment Properties II and the company that eventually enters into the pubhc-pnvate partnership would not have any beanng on the conclusion set forth herein Councflmember Louis Jones 3 November 9, 1999 Based upon the facts presented, Resource Bank is not the subject of the transaction Furthermore, because 0) Armada Hoffier's loan with Resource Bank is not secured by the subject property, and (n) Resource Bank has not provided, and will not provide, financing to Armada Hoffier for e~ther the subject property or any improvements to be constructed thereon, it ~s not reasonably foreseeable that Resource Bank would realize a d~rect or indirect benefit or detriment as a result of any action taken by City Councd with respect to the proposed development of the Central Bus~ness D~stnct. Therefore, ~n my op~mon, you are permitted to participate as City Council's hmson in the C~ty's negotiations w~th Armada Hoffier concerning the proposed development 3 As a final note, the Conflict of Interests Act deals with types of influences upon a public officer's judgment which are clearly ~mproper. The law does not, however, protect against all appearances of improper ~nfluence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety which is unacceptable or which would affect the confidence of the public in the officer's ability to be impartial I have opined that you may pamclpate ~n th~s transaction without restrlct~on However, if you are concerned that your participation in this transaction without disclosure could create an unacceptable appearance, there are two options available to you which may diffuse any perception problems that may arise: 1. You may disclose the facts as presented here~n and pamc~pate ~n the transaction; or You may d~sclose the facts as presented herein and abstain from participating in the transaction Should you demde to declare your interest and participate, a proposed disclosure letter which complies w~th § 2.1-639 14(G) is enclosed for your convenience Should you decide, in the alternative, to declare your ~nterest and abstmn, a proposed disclosure letter which comphes with § 2.1-639 14(E) is also enclosed If you choose to declare your interest in the transaction, you may e~ther make the declaration orally, which will be recorded ~n the written m~nutes of the City Council, or you may file a s~gned written declaration with the C~ty Clerk, who shall make the declaration avadable for pubhc inspection for a period of five years from the date of recording or receipt 3This opinion IS consistent w~th the opinion I provided you on January 26, 1999, concerning the application of Armada Hoffler Holding Company for rezoning of a parcel of property located at the Intersection of Wesleyan Drive and Diamond Springs Road Councilmember Louis Jones 4 November 9, 1999 Please contact me should you desire any add~tlonal ~nformatlon LLL/RMB/sat Enclosure Seen and Concurred: Very truly yours, Leshe L. Lllley City Attomey Commo~e~ltPh~ Date City of Virginia Beach LOUIS R JONES PHONE (757) 583-0177 COUNCILMAN - DISTRICT 4 - BAYSIDE FAX (757) 426-5669 November 9, 1999 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: lo The transaction for which I am executing this written disclosure is the City's negotiations with Armada Hoffier concerning the proposed development of the Central Business District pursuant to a public-private partnership. e The nature of my personal interest is that I have an ownership interest in Resource Bank which exceeds 3% of the asset value of the bank, and that Armada Hoffler has an existing loan with Resource Bank. However, the loan is not secured by the subject property, and Resource Bank has not provided, and will not provide, financing to Armada Hoffler for either the subject property or any improvements to be constructed thereon. . Although the City Attorney has advised me that this interest does not meet the criteria of a personal interest in the transaction under the Conflict of Interests Act, I wish to disclose this interest and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. 1008 WITCH POINT 'I'RAIL, VIRGINIA BEACH, VA 23455-5645 Mrs. Ruth Hodges Smith -2- November 9, 1999 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, OUlS Councilmember LRJ/sat Enclosure Item V-I. 1. - 18- MA YOR 'S INTRODUCTION ITEM # 45689 Mayor Oberndorf mtroduced Mac Rawls, Director - Department of Museums, who presented Glenda H Knowles, -Prtncess Anne County/Vtrgtma Beach Htstortcal Soctety. Ctty Councd wdl ADOPT Ordinances to AMEND the Cay Code re historic preservatibn: Article IV, Chapter 8, ADDING Sectton 8-91, to establish the Virginia Beach Historical Register, setttng forth standards and procedures, and, Sectton 35-80 1 re partial exemption from real estate taxation for historically significant rehabilitated structures. Mr Rawls wtshed to acknowledge the Memorandum of Understanding whtch creates the Preservatton Partnership The Preservatton Partnershtp ts an attempt to estabhsh a revolvmgfund, whtch wdl buy and sell htstortcproperttes with certain deed restricttons The Partnershtp ts dtfferent from other revolvtngfunds and ts comprtsed of the Cay of Vtrgtnia Beach, Ttdewater Assoctatton of Realtors, and the Princess County/Vtrgtnta Beach Htstortcal Society By the Memorandum of Understandtng, all enttttes have agreed to cooperate wtth each other so as to tdenttfy an approprtate means to accompltsh the preservatton and protectton of htstortc properttes wtthtn the Ctty of Vtrgtnta Beach Mr Rawls wtshed to recogmze and express apprectatton to the Vtrgtnta Beach Htstortc Preservatton Partnershtp, the Histortc Preservation Advisory Team, the Htstortcal Preservatton Board, and Councd La&es Henley and Eure for thetr chltgent efforts over a 12-month ttme pertod developtng a strong program of incentives for preserving htstoric buildings November 23, 1999 - 19- Item ORDINANCES ITEM # 45690 Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl APPROVED IN ONE MOTION Ordtnances 2 a/b, 3, 4 and 5 of the CONSENTAGENDA. Vottng 11-0 Counctl Members Voting Aye Ltnwood O. Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndor~, Nancy K. Parker, Vtce Mayor William D Sessoms, Jr. and A. M. "Don" Weeks Counctl Members Voting Nay None Counctl Members Absent None Counctl Lady McClanan voted a VERBAL NAY on Item J. 4. (Gainshartng Program) November 23, 1999 - 20- Item V-J. 1. ORDINANCES ITEM tt 45691 Upon motton by Councdman Jones, seconded by Councd Lady Parker, Ctty Counctl ADOPTED: Or&nance to destgnate an area tn the Pembroke sectton of the City as the "Central Business District - South" development project and estabhsh the Tax Increment Financing (TIF) for same Vottng 9-1 Counctl Members Vottng Aye Ltnwood 0 Branch, Ill, Margaret L Eure, Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker and Vtce Mayor Wtlliam D Sessoms, Jr Counctl Members Voting Nay A M "Don" Weeks Council Members Abstatntng Wtlham W Harrtson, Jr Counctl Members Absent None Counctlman Harrtson ABSTAINED as hts law firm represents chents who own or otherwtse have an tnterest tn property located wtthtn the tax tncrement financtng chstrtct proposed Councdman Jones DISCLOSED Pursuant to the Vtrgtnia Confltct of lnterests Act, Sectton 2 1-639 14(G), Code of Vtrgtnta, he has an ownershtp interest tn Resource Bank whtch exceeds 3% of the asset value of the bank, and that Armada Hoffler has an extsting loan wtth Resource Bank However, the loan ts not secured by the subject property and Resource Bank has not provtded, and wtll not provtde, financing to Armada Hoffler for etther the subject property or any tmprovements to be constructed thereon The Ctty Attorney has advtsed btm thts tnterest does not meet the crtterta of a personal interest tn a transactton of the Confltct of Interests Act Counctlman Jones wtshed to chsclose thts tnterest and declare he ts able to parttctpate tn the transactton fatrly, objecttvely and tn the pubhc tnterest Counctlman Jones letter of November 9, 1999, ts hereby made apart of the record November 23, 1999 AN ORDINANCE TO DESIGNATE AN AREA IN THE PEMBROKE SECTION OF THE CITY AS THE ~CENTRAL BUSINESS DISTRICT - SOUTH" DEVELOPMENT PROJECT AREA AND TO ADOPT TAX INCREMENT FINANCING IN THIS AREA WHEREAS, the City of Virginma Beach (the "City") desires 8 to undertake a program involving the development of infrastructure 9 and the construction of public facmlitles and other munmcmpal 10 improvements in the southern part of the Pembroke area of the City, 11 which wmll facilmtate the development of a Central Busmness 12 Distrmct in the City and thus promote commerce and the prospermty 13 of the citizens of Virginia Beach; 14 WHEREAS, as part of the undertaking of such a program, 15 the Councml of the City (the "Councml") deszres to provmde for all 16 or part of the financing assocmated wmth the publzc aspects of the 17 development of a Central Busmness Distr~ct in the southern part of 18 the Pembroke area of the City (the "Project") and such other public 19 investment that is consistent with the publzc purposes lmsted above 20 by designatmng a development project area and adoptmng tax 21 mncrement financing therein, as provided by Code of V~rgzn~a § 22 58.1-3245.2, which will permit the Cmty to issue obligatzons or 23 enter into development project cost commitments that will be 24 secured by tax increment revenues derived from th~s development 25 project area; 26 WHEREAS, pursuant to Code of Virgmnma § 58.1-3245.4:1, 27 such obligations or development project cost commmtments shall not 28 be subject to the annual debt limitations set forth in the City 29 Charter; and 3O WHEREAS, the Council held a publmc hearing on November 31 23, 1999, on the deszgnation of a development project area mn the 32 southern part of the Pembroke area of the City and the adoption of 33 tax increment financing therein after notice as provided by Code of 34 Virginia § 58.1-3245.2(B) . 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA: 37 1. That a development project area (as defined in Code 38 of Virginma § 58.1-3245) known as the Central Business District - 39 South (the "District") is hereby created and designated as such; 4O 2. That the boundarmes of the Dmstrict shall include 41 the area identified on a map prepared by the City's Department of 42 Information Technology and entitled "Central Business District 43 South," a copy of which has been filed with the City Clerk, and a 44 smaller copy of which is attached hereto as "Exhibit A"; 45 2. That the Real Estate Assessor Ks directed, pursuant 46 to Code of Virginia § 58.1-3245.2 (A) (1), to record in the land 47 book for FY 2000 and all succeeding years ~n which tax ~ncrement 48 financing is in effect in the District the base assessed value and 49 the current assessed value (each as defined in Code of Virginia § 50 58.1-3245) of the real estate withmn the District; 51 3. That to secure any obligations authorized and issued 52 by the Cmty Council in the future or any development project cost 53 commitments incurred by the City for the construction or 54 acquisition of infrastructure, public facilities and other 55 mmprovements ~n the District, the Director of Finance of the City 56 is directed to allocate and pay, from real estate taxes actually 57 collected, the amount attributable to the mncreased assessed value 58 of the real estate within the D~strlct above the base assessed 59 value of such real estate (the "Tax Increment Revenues") into a 60 special fund entitled "Central Bus~ness District - South Tax 61 Increment Financing Fund" (the "Fund"), which is hereby authorized 62 to be created; 63 4. That the City Clerk is directed to send a copy of 64 this ordinance to the Real Estate Assessor and the Director of 65 Finance of the City; 66 5. That the City Manager is hereby dmrected to transmit 67 to the Real Estate Assessor and the Director of Finance of the City 68 all of the materials required by § 58.1-3245.3 of the Code of 69 Virginia for the implementation of this ordmnance; 7O 6. The City Clerk is directed to make a copy of the 71 ordinance continuously available for ~nspectmon by the general 72 public during normal bus~ness hours at the City Clerk's office from 73 the date of adoption hereof; 74 7. That the Cmty Clerk, in collaboration with the City 75 Attorney, is authorized and directed to ~mmed~ately fzle a 76 certified copy of this ordinance with the Circuzt Court of the City 77 of Virginia Beach; and 78 8. That this ordinance shall be in full force and effect 79 on and from the date of its adoption. 8O 81 Adopted by the Council of the City of Virginma Beach, Virginia, on the 23rd day of November, 1999. 82 CA-7539 83 ORDIN~NONCODE~CBD-S TIF ORD 84 NOVEMBER 18, 1999 85 R5 86 APPROVED AS TO CONTENT: 87 88 89 Management S~es 9O APPROVED AS TO LEGAL SUFFICIENCY: ~rr~/y' ~ Of'fi. ce EXHIBIT "A" .. - 21 - Item V-J.2. ORDINANCES ITEM # 45692 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Council ADOPTED: Or&nances to AMEND the Ctty Code re historic preservation: a Arttcle IV, Chapter 8, ADDING Sectton 8-91, to estabhsh the Virginia Beach Historical Register, setttngforth standards and procedures b Sectton 35-80.1 re partial exemption from real estate taxation for historically significant rehabilitated structures Vottng 11-0 Counctl Members Vottng Aye Ltnwood O. Branch, III, Margaret L Eure, Wilham W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay None Counctl Members Absent None November 23, 1999 AN ORDINANCE ESTABLISHING THE VIRGINIA BEACH HISTORICAL REGISTER AND SETTING FORTH STANDARDS AND PROCEDURES FOR INCLUSION THEREON SECTION ADDED: Cmty Code Section 8- 91 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Artmcle IV of Chapter 8 of the City Code be, and 11 hereby is, amended and reordained by the addition of a new Section 12 8-91, pertaining to the Virginia Beach Historical Register, to read 13 as follows: 14 ARTICLE IV. VIRGINIA BEACH HISTORICAL REGISTER 15 Sec. 8-91. Establisb_ment; standards and procedures for inclusion. 16 (a) There is hereby established the Vlrqinma Beach 17 Hmstorical Reqister (the "Reqister") of bumldinqs, other structures 18 and sites located within the City. The Reqmster shall be 19 maintained by the Department of Museums and Cultural Arts. 2O (b) Inclusion on the Reqmster shall be voluntary, and 21 shall impose no mandatory requirements upon the property or the 22 owners thereof. The removal of a property from the Register shall 23 be granted upon request of the owner of such property. 24 (c) Applications for inclusion on the Regmster shall be 25 made to the Director of Museums and Cultural Arts or hms desmqnee, 26 who shall review the information provided mn such applications and 27 shall report thereon to the Historical Revmew Board; provided, 28 however, that buildinqs, other structures and smtes lmsted on the 29 National Reqister of Historic Places or on the Virqmnma Landmarks 30 Register shall be mncluded on the Reqmster upon request of the 31 owner without referral to the Histormcal Review Board. 32 (d) The Hmstormcal Review Board shall approve or deny 33 applicatmons within one hundred twenty(120)days from the date of 34 submittal, and shall base its decision upon the followinq 35 standards: 36 (1) The property's assoclatmon wmth significant 37 events in the history and development of the 38 City; 39 (2) The property's assocmation with persons who 4O have made important contributzons to the 41 hmstory of the Cmty; 42 (3) The extent to which the property embodmes 43 principal or distinctmve features of an 44 architectural style that represents a specific 45 period in the history of the City; 46 (4) Whether the property has yielded or ms likely 47 to yield artmfacts and other matermals 48 important to understandinq the City's 49 historical backqround and context; and 5O (5) The age of the property, which shall, absent 51 exceptmonal histormc value, be no less than 52 f~fty (50) years. 53 (e) The Director shall review each property on the 54 Register every ten (10) years and shall determmne whether such 55 property continues to meet the standards for mnclusion on the 56 Register. In the event a property no lonqer, mn the opmnmon of the 57 Dmrector, meets such standards, the Director shall refer the 58 property to the Historical Review Board, which shall review the 59 recommendation of the Director and shall either continue or remove 60 the property from the Regmster. 61 Adopted by the Council of the City of Virginma Beach, 62 Virginia, on the 23rd day of November, 1999. 63 64 65 66 CA-7460 wmmkordres~8-91com.wpd R-3 August 23, 1999 AN ORDINANCE TO AMEND THE CITY CODE BY PROVIDING PARTIAL EXEMPTION FROM REAL ESTATE TAXATION FOR HI STORICALLY SIGNI FICANT REHABILITATED STRUCTURES SECTION AMENDED: 35-80.1 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 10 That Section 35-80.1 of the Code of the Czty of Virgznma 11 Beach, Virginia, is hereby amended and reordained to read as 12 follows: 13 14 Sec. 35-80.1. Exemption for ~ historically siqnificant rehabilitated -~-~--tial real .... ~ .... ~e structures. 15 16 17 18 19 2O (a) A part'al 22 23 24 25 five (~=),~ year° of age, has bccn ao 26 27 28 29 3O 31 rcs ...... ia otruoture, t e 32 33 ....... ,~ ~.c .... m ,-.~- .... ~- ..... m-,~ at thc t he appl ....... ~./ ,_,,.,_ o~ ................. , i~C les 36 37 38 bc form approved by ~m .... ~ ~~ ......... °"~m 39 4O 41 42 43 ........ to inspect ~m~ ~ .... ~ .... to ~^~ ....... f 't ~m~ 44 45 46 ......... '~m~ ty /~'~ '~ .... ' CUt~t .... ~ .... wz ...... smx ~/ ~-~-.z,~ after such wrztten 47 rc ..... ~ ~ .... ~-~-~ f ~m^ q lif ^ f ~ .................. I .... ~~~ ..... ~"~= ua i~o or such 48 49 5O 51 (5) years. 52 53 54 ' ' by thc -~~ i~, tat 55 56 57 58 59 6O 61 62 64 65 66 67 68 69 thc appropriatc buz 7O 71 72 ccmplctcd. 73 74 75 76 (a), Finding; purpose. The City Counczl hereby recoqnizes the 77 educational and cultural value of the Cmty's hmstorically 78 significant structures. The purpose of thzs ordinance is to assist 79 in the preservation of such structures, and to that end, the 80 substantial rehabilitation of hzstorically significant structures 81 shall entitle the owner to a partial exemption from real estate 82 taxes, subject to the terms and condztions set forth in th~s 83 section. The real estate assessor shall adminzster this ordinance 84 with quidance from the historical review board as to the effect of 85 rehabilitation projects on the historical siqnificance of 86 structures. 87 (b) Eliqibilit)z for exemption. To be eliqible for the partmal 88 exemption from real estate taxation provided by thzs section, a 89 structure shall be historically siqn~ficant and no less than fifty 90 (50) years of aqe at the time the applicatmon ms made. Any such 91 exemption shall only apply to rehabilitated existinq structures, 92 and shall not apply to new construction. For the purpose of this 93 section, "rehabilitation" shall mean the restoration of an existing 94 structure to its former state or condition, and "historically 95 significant" shall mean a structure lmsted on the Virqinia Beach 96 Historical Reqister, as established at section 8-91 of thms code. 97 Residential structures, and commercmal or mndustrzal 98 structures, as provided by Code of Virginia §§ 58.1-3220 and 58.1- 99 3221, are eliqible for the partial exemptmon provided by this 100 section. 101 (c) Application for exemption; base value. To qualify for a 102 partial tax exemptzon for the rehabmlmtatmon of a h~storzcally 103 significant structure, the owner(s) of such structure shall, at the 104 same time an application is made for a buildinq permit to 105 rehabilmtate such structure, file with the real estate assessor and 106 the historical review board an application and construction plans. 107 The applicatmon shall be on a form created and supplzed by the real 108 estate assessor. Amonq the other informatmon supplied, the 109 applicant shall estimate on the application form the costs of the 110 rehabilitation project and any increase in value of the structure 111 that may result. Such applmcation must be filed prmor to the 112 commencement of any rehabilitatmon work for whmch an exemptmon is 113 souqht. No structure shall be el~qmble for such exemption unless 114 the appropriate buildinq permit(s) have been acqumred. 115 (d) Review of application and plans. The historical review 116 board shall review all applications, plans and other information 117 submitted that relate to a rehabilitation project for whmch the 118 exemption provided by this sectmon ms souqht. If, after revmewmng 119 the application and plans for a proposed rehabilitation project, 120 the historical review board determines in writinq that the proposed 121 project will diminish the historical s~qnmflcance of the 122 structure, the real estate assessor shall, by certified mall, 123 inform the applicant that the exemptmon wzll be denied for the 124 proposed rehabilitation. If the historical review board determines 125 in writing that a proposed rehabilitation project will restore or 126 maintain the historical siqn~ficance of the structure, the real 127 estate assessor shall notify the applicant that the protect has 128 been approved for the exemption, subTect to compliance with the 129 terms of this section. The assessment of the structure for the 130 current tax year, prior to commencement of the rehabilitation, 131 shall constitute the base value of the structure. The historical 132 review board shall endeavor to review an applmcatmon wmthln sixty 133 (60) days from the date it is received, and all applications, plans 134 or other materials reviewed by the historical review board shall be 135 returned to the real estate assessor after the review and 136 inspection process is completed. 137 (e), Inspection; effective date. W~th~n thirty (30) days of 138 the rehabilitation project's completion, the owner shall notify the 139 real estate assessor in writinq that the project has been 140 completed. The real estate assessor shall transmit this notice to 141 the hmstorical review board, which shall then inspect the 142 rehabilitated structure to verify that the work has been completed 143 as described in the previously filed application and plans. If the 144 historical review board verifies in writinq that such 145 rehabilitation project has been satisfactorily completed, the real 146 estate assessor shall so notify the applicant. The real estate 147 assessor shall then re-assess the rehabml~tated structure, and 148 record the new value as provided by law. Such verlfmcatlon and re- 149 assessment shall be performed within sixty (60) days after such 150 written notice of completion is recemved. Any tax exemptmon shall 151 become effective on July 1 of the year followmnq completion of the 152 rehabmlmtation project. No structure shall be eliqmble for the 153 partial exemption provided by this section unless the histormcal 154 review board verifies that the rehabilitation work described on the 155 application and plans has been completed in substantzally the same 156 manner described in the prevmously f~led application and plans. In 157 any case where the work performed substantially varmes from the 158 work described in the application and plans, the real estate 159 assessor shall notify the applicant that the exemption will be 160 denied. 161 (f) Exemption for rehabilitated historically significant 162 residential structures. The exemptmon for rehabzlitated 163 historically significant residentmal structures shall be calculated 164 and applied as set forth below: 165 (1) For rehabilitated historically signifmcant residential 166 structures, the exemption shall be an amount equal to the 167 initial increase in assessed value of the structure above 168 its base value resultinq from the rehabilmtation of the 169 structure, as determined by the real estate assessor. 170 This exemption shall run with the land for fmfteen (15) 171 years. No rehabilitation protect shall qualmfy for this 172 exemption unless the rehabilitation results ~n an 173 increase of at least twenty percent (20%) in the assessed 174 value of the structure above the base value. No zncrease 175 in assessment occurring after the fzrst year of such 176 rehabilitation exemption shall qualify for an mncrease 177 in such exemptmon. In the event of a decrease mn the 178 property's assessed value after the first year of any · 208 carpentry, sheetrock, plaster, paintmnq, cezllngs, 209 fixtures, doors, windows, fmre suppression systems, 210 roofinq and flashinq, exterior repair, excavations, 211 gradinq, paving, driveways, roads, sidewalks, landscapmnq 212 or other land improvements, cleaninq and cleanup. The 213 applicant shall submit to the real estate assessor 214 documentation of all costs incurred as a basis for the 215 exemption, and shall execute an affidavit statinq that 216 all such costs were incurred as part of the project. 217 /2) By August 15th of each year of the perzod of exemptzon 218 from real estate taxes, the real estate assessor shall 219 notify the city treasurer of the exemption and the amount 220 to be credited to the property owner's tax bmll. 221 (h) Land book. Pursuant to Code of Virqinia §§ 58.1-3220 (C) 222 and 58.1-3221(C), the commissioner of the revenue shall not list or 223 display any exemption provided by this sectzon as a reduced value 224 in the land book. 225 (i) Ineligibility for exemption; termination of exemption. 226 Improvements made upon vacant land, demolition or total 227 replacements of hzstorically smqnlficant structures, and 228 rehabilztation efforts that the historical review board has 229 determined, in writinq, will diminish the historical smgnmficance 230 of a structure shall not be eliqible for the partial exemption from 231 real estate taxation provided by this sectmon. Failing to comply 232 with any provision of this section, or makinq false statements in 233 the course of applying for the exemptmon provided by th~s sectzon, 234 shall constitute qrounds for denial of the exemption. Chanqes to 235 a structure that, after a rehabilmtation project has been completed 236 and an exemption qranted, cause it to be deleted from the V~rqinia 179 rehabmlmtation exemptmon, the exemption shall be based on 180 the difference in taxes computed on the base value and 181 the decreased assessed value of the property. 182 (2) By August 15th of each year of the period of exemptzon 183 from real estate taxes, the real estate assessor shall 184 notify the city treasurer of the exemption and the amount 185 to be credited to the property owner's tax bill. 186 Exemption for rehabilitated historically siqnificant 187 commercial or industrial structures. The exemption for 188 rehabilitated historically s~gnificant commercmal or zndustrmal 189 structures shall be calculated and applied as set forth below: 190 (1) For rehabilitated historically signmfmcant commercial or 191 industrial structures, the exemption shall be an amount 192 equal to fifty percent (50%) of the qualmfied costs of 193 rehabzlitatinq the structure; provided, however, that the 194 amount of the exemption provided by this subsection shall 195 not exceed the amount of the assessment of the structure 196 at any time after its rehabilmtation. This exemption 197 shall run with the land for five (5) years. For any 198 rehabilitation protect to qualify for this exemption, the 199 rehabilitation project costs must amount to at least 200 twenty-five percent (25%) of the structure's assessed 201 value immediately prior to the rehabmlitation work. The 202 costs that may qualify in calculatinq the exemption 203 include actual expenditures assocmated with any exterzor, 204 structural, mechanical or electrical improvements 205 necessary to rehabilitate a historically siqnificant 206 structure for commercial or zndustrzal use, including, 207 but not limited to, costs associated wmth demolition, 237 Beach Historical Reqister, shall terminate the exemption provided 238 by this section, effective July 1 of the next tax year. 239 240 Adopted by the Council of the Cmty of Vmrginia Beach, Virginia, on the 23rd day of November, 1999 241 242 243 244 CA-7453 ODIN~PROPOSED~35-080-1.ord Ri0 OCTOBER 14, 1999 New Value $173,800 I 22 $2,120 $244 $1,876 Commercial Properties Assumptions - The exemption shall run with the land for 5 years. Rehabilitation cost must be at least 25% of the structure's assessed value The exemption amount is equal to 50% of the qualified costs of the rehabilitation The exempbon becomes effective on the first day of the new tax year (July 1st) Impact on City Revenue - If, for each $1 00 invested ~n rehabilitation costs generates at least $0 50 ~ncrease ~n assessed value, actual taxes pa~d wll increase on the property during the first year of the exempbon If, however, the retum in value ~s less than $0 50 for each $1 00 of rehabilitated costs the taxes paid w~ll decrease ~n the first year of the exempbon. The most extreme example would eliminate taxes on the structure in year one of the exemption Any appreciation ~n years 2-5 vail be assessed The assessment returns to full market value in year s~x Example A commercial property ~s assessed at the mean assessment of $229,104 vail generate $2,795 in real estate taxes at the tax rate of $1 22 per $100 of assessed value For ~nstance, ~f $25,000 is invested ~n rehabilitation, the exempbon is based on $12,500 (50% of the qualified costs of the rehabilitation) or $152 And ~f the resulbng property value ~ncreases by $15,000, taxes vail nse shghtly in year one of the exempbon Assessment R E Tax Rate Tax Exemption* Tax Collected Base Value $229,104 1 22 $2,795 $2,795 Rehabilitated Increase in Value $15,000 I 22 $183 $152 New Value $244,104 1.22 $2,978 $152 $2,826 If $25,000 is ~nvested ~n rehabil~tahon, and value is only ~ncreased by $10,000, taxes ~11 decrease slightly ~n year one of the exemption. In both examples, any ~ncrease ~n value in years 2-5 w~ll be realized as full market value ~n year six after the exemption period expires Assessment R E Tax Rate Tax Exemption* Tax Collected Base Value $229,104 1 22 Rehabilitated Increase ~n Value $10,000 I 22 New Value $239,104 1 22 * Exemption ~s equal to 50% of the value of the rehabilitation ~nvestment $2,795 $2,795 $122 $152 $2,917 $152 $2,765 Fiscal Impact While short term losses may occur, the C~ty vail collect more real estate tax in the long run wh~le helping to preserve h~stoncally s~gmficant structures. Exemphons on residential property only defers increases in taxes which had not prewously been collected Commercial property pose less of a short term risk of revenue loss since real estate tax w~ll be collected at base value before major renovabons convene Also real estate tax continue to be lev~ed and collected on land value It ~s d~fficult to determine a precise fiscal ~mpact since the ~ncentlve to take advantage of the part~al tax exemption rests entirely vath the property owner It is d~fficult to determine which property owners ~11 take advantage of the tax exemption, which properties ~11 be eligible for the program, the value of the rehabilitabon work to be performed, the bme frame ~n which the property owners vail ~n~tlate rehablhtabon, and which type of property that is most likely to use this exemption Depending on the amount of participation, there could be .some adm~mstrat~ve costs which could be considered. If a there is a large demand for th~s program, the Department of Museums anbcipated that $28,000 will be needed for future part-time staffing to process h~stoncal register applicabons, office supplies, computer equipment, postage, pnnbng, and other m~scellaneous operating costs that ~nll be used for a sustained level of participation Fiscal Impact Note for Partial Exemption from the Real Estate Taxes for Historically Significant Rehabilitated Structures prepared by the Department of Management Services w/th consultabon and analysis from the City Real Estate Assessor's Off/ce Background Currently, the C~ty does have a part~al real estate tax exemption ordinance However, no one has apphed for these pnwleges to rehab~htate a h~stoncal p~ece of property In October 1996, an acbon was approved dunng the strategic agenda process to develop and create a h~stonc preservation program The H~stonc Preservabon Strategy Group was commissioned to proceed vath development In FY 1997-98, $15,000 was approved dunng the budget process to retain a professional consultant to develop the program The study was performed by P A - Planners and Architects from Newport News Their recommendabons have lead to revisions of the ehg~b~hty criteria ~n the current ordinance to prowde more of an ~ncenbve to property owners to rehab~htate their h~stoncal property The new ordinance calls for a part~al real estate tax exempbon on substanbal rehab~htat~on for h~stoncally s~gmflcant structures at least 50 years old (the prewous ordinance allowed for resldenbal property 75 years or older) The property must be placed on the V~rg~n~a Beach H~stoncal Register and must go through a review committee to determine historical s~gmflcance to be ehg~ble for part~al tax exemption Also the appropriate building permits must be acquired Currently, ~n FY 1999-2000, there are 4,542 residences and 666 commercial properties that are 50 years or older Th~s property makes up approximately 4% of taxable parcels ~n V~rg~n~a Beach and prowdes approximately $10 4 m~lhon ~n real estate property tax revenue Residential Commercial Total Parcels 4,542 Land Value $432,718,583 Structure Value $265,841,785 Total Value $698,560,368 Mean Assessment $153,800 666 5,208 $90,257,808 $522,976,391 $62,325,585 $328,167,370 $152,583,393 $851,143,761 $229,104 ..... Residential Properties Assumptions - The exempbon shall run wth the land for 15 years Rehabilitation must increase the value of the assessment by at least 20% The exemption ~s equal to the ~ncrease in assessed value above the base value pnor to rehablhtabon and does not include taxes assessed on the value of the land The exempbon becomes effecbve on the first day of the new tax year (July 1 st) Impact on C~ty Revenues - The ~mpact for res~denbal property should be m~mmal The exempbon ~s the ~ncrease ~n assessment due to the rehab~htabon The exempbon ~nll remain constant for 15 years Increases ~n assessment due to apprec~abon ~n years 2-15 (which should be enhanced due to the rehab~l~tabon) wll be assessed The assessment returns to full market value ~n year 16 after the exempbon period expires Example A house assessed at the mean assessment of $153,800 w~ll generate $1,876 ~n real estate tax at the current rate ~s $1 22 per $100 of assessed value A typical assessment for residences 50 years and older ~s based on 62% structure and 38% land evaluabon If the approximate minimal 20% increase ~n the structure ~s accomphshed from the rehab~htat~on the value wll ~ncrease by $20,000 creabng a tax exempbon of $244 The exempbon on the $20,000 vail run for 15 years Any apprec~abon ~n years 2-15 will be assessed The assessment returns to full market value ~n year 16 Assessment R E Tax Rate Tax Exemption Tax Collected Base Value Rehabd~tated Increase ~n Value $153,800 1 22 $1,876 $1,876 $20,000 1 22 $244 $244 - 22 - Item V-d. 3. ORDINANCES ITEM # 45693 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance to A CCEPTandAPPROPRIA TEa $64,065 Grant from the Vtrgtnta Ctrcutt Court Records Preservation Program to the FY 1999- 2000 Operattng Budget of the Office of the Ctrcutt Court Clerk re scanning plats and placing them in a digital image format; and, esttmated revenue from the Commonwealth be tncreased accordtngly Vottng 11-0 Counctl Members Vottng Aye' Ltnwood 0 Branch, III, Margaret L Eure, Wilham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndor~, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay None Counctl Members Absent' None November 23, 1999 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GPJLNT IN THE AMOUNT OF $64,065 FROM THE VIRGINIA CIRCUIT COURT RECORDS PRESERVATION PROGRAM TO THE FY 1999-00 OPERATING BUDGET OF THE OFFICE OF THE CIRCUIT COURT CLERK FOR THE PURPOSE OF SCANNING PLATS AND PLACING THEM IN A DIGITAL IMAGE FORMAT 10 WHEREAS, the Circuit Court Clerk for the Cmty of Virginia 11 Beach currently stores copies of plats ~n large books for use by 12 staff and the public; 13 WHEREAS, the constant use of these large books is 14 burdensome and causes their deterioration; and 15 WHEREAS, the Virginia Circuit Court Records Preservation 16 Program has awarded the Office of the C~rcult Court Clerk a grant 17 for the purpose of scanning plats filed from 1898 to 1984 and 18 placing them in a digital ~mage format for use by office staff and 19 the public, which wzll protect the permanent records. 2O NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 1. That a $64,065 grant is hereby accepted from the 23 Virginia Circuit Court Records Preservation Program and 24 appropriated to the FY 1999-00 Operatmng Budget of the Office of 25 the Circuit Court Clerk for the purpose of scanning plat records 26 and placing them in a digital image format for use by office staff 27 and the public. 28 2. That estimated revenue from the Commonwealth zs 29 hereby increased in the amount of $64,065. 30 31 Adopted b~3 the Council of the C~ty of V~rg~n~a Beach, Virgznia, on the day of November, 1999. 32 33 34 35 CA-7528 ORDIN~NONCODE~PLATS.ORD NOVEMBER 16, 1999 R-4 36 APPROVED AS TO CONTENT: 37 39 Management Services ~~ APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's ~fflce COM34ONYVEALTH OF VIRGINIA The Library of Virginia Agreement Number: 2000A- 16 Agreement between The Library of Virginia and the Circuit Court Clerk's office of City of Virginia Beach THIS AGREEMENT is made and entered into by and between the Commonwealth of Virginia, The Library of Virginia, hereinafter referred to as the LVA, and the Circuit Court Clerk of City of Virginia Beach, hereinafter referred to as the CLERK. Whereas the LVA, in cooperation with the Virginia Circuit Court Clerks Association, in the exercise of its lawful duties, is the administrator of state funds provided through the Virginia Circuit Court Records Preservation Grant Program, and the program's grant review board has approved an application for records preservation funds submitted by the CLERK, which application is by reference made a part of this agreement; and The CLERK, acting under the authority vested in him/her by the Code of Virginia, Sections 17-44 and 42.1-87, to preserve circuit court records, has applied for records preservation funds; and The LVA and the CLERK agree to cooperate in the implementation of the circuit court records preservation project referenced in the submitted grant application, numbered 2000A-16. Therefore, the said parties hereby execute this agreement according to the following terms and conditions: 1. The term of this project shall be December ]~. 1999 - December 1,2001, .or the completion of the proi~et, whichever comes first. 2. The CLERK agrees to: A. SPEND OR OBLIGATE ALL GRANT FUNDS BY THE END OF THE PROJECT TERM AND RETURN ANY UNEXPENDED OR UNOBLIGATED FUNDS TO THE LVA WITHIN THIRTY (30) DAYS OF THE END OF THE PROJECT FOR REPAYMENT TO THE COMMONWEALTH OF VIRGINIA, CIRCUIT COURT RECORDS PRESERVATION GRANT PROGRAM. In the event this grant is renewed, any funds not spent by the end of this project phase shall be carried over into the renewed grant project. B. To carry out the project as approved in the grant application and/or any provisos thereto stipulated by the grant review board, which consist of the following: 1) Sign and return this grant agreement to the LVA, attention: Glenn Smith. 2) Notify the locality's treasurer, director of finance, or other appropriate person of the forthcoming grant disbursement, which will be transferred electronically by the Commonwealth's treasurer's office. V~rguua Circuit Court Records Preservauon Program Grant Agreement # 2000A- 16- Page 2 . Ce D. El Fe G, H~ The A~ 3) Commence work on the project within a reasonable time, and complete the project with diligence and within the scheduled time in accordance with the terms of this project. Submit the required Project Status Repons and Financial Expenditure Repons, and any specified reports as scheduled in this agreement, using the forms included herewith. Continued funding and/or satisfactory completion of the project is subject to the receipt and approval of these reports. Immediately inform the LVA, in writing, of any events impacting the grant project, including its line-item budget such as: 1) problems, delays or adverse conditions which will impair attainment of the project objectives, along with a statement of contemplated action and/or assistance, if any, needed to resolve the situation; 2) favorable developments which will shorten the time scheduled to complete project objectives, produce greater benefits than anticipated, or decrease project costs. Maintain all project financial, programmatic, and inventory records, reports, and supporting documents for a period of three (3) years after completion of project as required under the General Schedule promulgated by the Records Management Program of the LVA. Provide to his/her locality's independent financial auditor, the LVA or any of their authorized representatives, access to the books, documents, papers, and/or other records which are pertinent to the grant, for audit, examination, and to make any necessary excerpts and/or transcripts. Support accounting records by such source documentation as canceled checks, paid bills, and payrolls. Expend all State funds received for the project for the purpose for which granted, and any such funds not so expended for this specified project, shall be repaid to the LVA, for redeposit in the circuit court records preservation account. Subject to the notification requirements of subparagraph E above, the Clerk shall have the flexibility to shift funds from one line item to another, as determined by the Clerk to be necessary for the efficient completion of the project. Comply with state laws, Department of Accounts and Auditor of Public Accounts rules, regulations, policies, procedures, and standards as they relate to the acceptance and use of funds for this state-assisted project. Procure supplies tla'ough the state contract, or through approved locality procurement procedures. LVA agrees to: Furnish funds to the CLERK, contingent upon the availability of state funds, in the maximum amount of $64.065.00. Payments will be made in accordance with the Payment Schedule attached to, and made a part of, this agreement. Virgtma Circuit Court Records Preservauon Program Grant Agreement # 2000A- 16 Page 3 B. Monitor the activities performed pursuant to this agreement and conduct periodic evaluations to assess the progress toward completion of the project. C. Provide information, consultation, assistance, and forms. D. Review all proposed changes to the project to assure that such changes are consistent with applicable statutes and regulations. E. When applicable, provide one (1) set of duplicate reels to be distributed to each of the following: the CLERK, the public library in the CLERKS' locality, the Archives Reading Room, and the LVA Information Imaging Branch or Photo Lab. 4. The Clerk and the LVA agree that: Al Upon giving notification of unsatisfactory compliance with this agreement, and allowing reasonable time for a response, the agreement will be terminated. Such termination will be by written notice to the CLERK and the local fiscal office using certified or registered mail, with return receipt requested. B. The CLERK has the right, at any time, to request the LVA to terminate and cancel this agreement upon written notice. Ce If this agreement is terminated and canceled, unused funds will be returned for redeposit in the circuit court records preservation account. Likewise, if al[er audit, it is determined that funds were expended for anything not specified in the project agreement, such funds must be returned for redeposit in the said account. D, This agreement supersedes all prior agreements and understandings, both oral and written, with respect to the specified project as covered by the grant application and/or any amendments thereto. Virgmm circmt Court Records Preservauon Program - 23 - Item V-d. 4. ORDINANCES ITEM # 45694 Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Cay Counctl ADOPTED: Or&nance to APPROPRIATE $1,122,002 from the General Fund Balance and $88,700from the Water and Sewer Fund Retamed Earnings re the Gainsharing Program for City employees Vottng 10-1 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wilham W. Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay Reba S McClanan Counctl Members Absent None November 23, 1999 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 A/~ ORDINAi~CE TO APPROPRIATE FUNDS IN THE AMOUNT OF $1,122,000 FROM THE GENERAL FUND BALANCE AND $88,700 FROM THE WATER AND SEWER FUND RETAINED EARNINGS FOR THE GAINSHARING PROGRAM WHEREAS, mt ms the desmre of the City Council to continue the Gainsharing Program for the employees of Virginia Beach which will allow employees to share in savings realized through organizational mmprovements; WHEREAS, there are sufficient funds available in the General Fund Balance to continue the Gamnsharmng Program while maintamning the polmcy level of funding mn the Debt Service Reserve Fund; and WHEREAS, there are also sufficment funds avamlable zn Water and Sewer Fund Retained Earnings. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That funds in the amount of $1,122,000 and $88,700 be appropriated from the General Fund Balance and the Water and Sewer Fund Retained Earnings, respectively, for the Gainsharing Program. 2. That checks for Gamnsharmng savings be issued to all elmgible pe~mai~en£ and part-time employees on November 30, 1999, in accordance with the City's Gamnsharing Program. Requires an affirmative vote by a majority of City Council members. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 day of November , 1999. CA-7540 ORDIN~NONCODE~GAINSHARING 1999.ORD R-1 PREPARED: NOVEMBER 15, 1999 APPROVED AS TO CONTENT: Management Se~es APPROVED AS TO LEGAL 2u; - 24 - Item V-&5. ORDINANCES ITEM # 45695 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Councd APPROVED: License Refunds: $24,566.25 Vottng: 11-0 Counctl Members Voting Aye' Ltnwood O. Branch, III, Margaret L Eure, William W. Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndo~ Nancy K Parker, Vtce Mayor Wilham D Sessoms, Jr and A M "Don" Weeks Counctl Members Voting Nay None Counctl Members Absent None November 23, 1999 i FO~M NO C A 8 ~V 3/~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification · of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID AAA SERVICES INC AVALON PROPERTIES INC BAGEL BAKER CO THE BAGEL BAKER OF GREAT NECK INC BEST WAY TOWING INC BLOCKBUSTER SC MUSIC CORP BOS MOVING INC C & R TRAVEL INC C K W INC CABINETMAKERS HARDWARE INC CAPITOL FOUNDRY OF VA INC CHRISTIAN SIMONE CICIS PIZZA #253 LLC CINEMA CITY VIDEO INC COFER RONALD STEPHEN COMFORT ZONE HEATING AND AIR CONDITIOI' DAMUTH SERVICES INC GSM INC HAIRCRAFTERS LTD IMPORT SERVICE INC MOREAN CALVIN R MURRAY GUARD INC OF VA SANDCASTLE MOTEL INC SOUTHEASTERN REPAIR SERVICE INC T P RUSNOCK ASSOC INC WOODMASTERS INC 11/01/99 AUDIT 52 90 I 20 . 54 10 10/27/99 AUDIT 673 06 39 25 712 31 10/27/99 AUDIT 257 40 31 72 289 12 10/27/99 AUDIT 53 62 0 00 53 62 10/20/99 AUDIT 804 09 19 93 824 02 10/25/99 AUDIT 3,254 06 487 91 3,741 97 11/01/99 AUDIT 776 42 67 93 844 35 10/20/99 AUDIT 463 08 29 19 492 27 10/01/99 AUDIT 68 85 3 10 71 95 10/26/99 AUDIT 44 42 2 59 47 01 10/19/99 AUDIT 481 91 72 26 554 17 10/20/99 AUDIT 20 00 0 58 20 58 10/25/99 AUDIT 7 51 0 00 7 51 10/15/99 AUDIT 351 18 53 09 404 27 10/21/99 AUDIT 10 00 0 58 10 58 10/19/99 AUDIT 20 00 0 58 20 58 10/26/99 AUDIT 5,624 81 430 79 6,055 60 10/26/99 AUDIT 80 22 0 00 80 22 10/15/99 AUDIT 384 31 57 63 441 94 1999 11/03/99 29 46 0 00 29 46 10/22/99 AUDIT 54 42 6 00 60 42 10/22/99 AUDIT 895 83 134 32 1.030 15 11/01/99 AUDIT 7,353 14 424 71 7,777 85 1999 10/19/99 289 34 0 00 289 34 11/01/99 AUDIT 10 00 0 00 10 00 10/27/99 AUDIT 606 82 36 04 642 86 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the Philip ~' Kel'l~'m''~ ~ Commissioner of the Revenue C~ty Attorney $24,566.25 were approved by the Council of the 23 November 99 day of ,19 Ruth Hodges Smith City Clerk - 25 - Item V-K. PLANNING ITEM # 45696 1. MILDRED M. SMITH CONDITIONAL USE PERMIT NON-A CTION ITEM 2. LOTUS CREEK ASSOCIATES VARIANCE 3. CEWLLC VARIANCE 4. CORNELIUS F. BOYNTON, JR., ANTONINA BO YNTON, LOPE B. PILE AND MERCY PILE STREET CLOSURE and CONDITIONAL USE PERMIT 5. VIRGINIA BEACH CHURCH OF GOD REGENCY CONDITIONAL USE PERMIT 6. SNUG HARBOR DEVELOPMENT LLC, Alan R. (Rick) Gregor, Jr. CHANGE OF ZONING 7. CITY OF VIRGINIA BEACH AMEND COMPREHENSIVE PLAN APPENDIXre Design Guidelines for large retail establishments AMEND Sections 401 and 501 of the CZO re Marriage Commissioners as accessory users in the Agricultural and Residential Districts. November 23, 1999 - 26- Item V-K. PLANNING ITEM # 45967 Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Councd APPROVED IN ONE MOTION the PLANNING BY CONSENT AGENDA: Items 3 (ALLOWED WITHDRAWAL), 4(DEFER), 5, 6 and 7 b Item 3 was WITHDRAWN, BY CONSENT Item 4 was DEFERRED until the City Council Session of December 14, 1999, BY CONSENT. Vottng 11-0 Counctl Members Vottng Aye' Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr., Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and A. M "Don" Weeks Council Members Vottng Nay None Counctl Members Absent None November 23, 1999 -27- Item V-K. 1. PLANNING ITEM # 45968 NO ACTION REQUIRED on Apphcatton of MILDRED M. SMITH for a Condittonal Use Permttfor a home occupatton (customtze and repatr fishtng rods and reels) on the South stde of Wtldwood Drtve, east of Ltndsley Drtve (163 7 Wtldwood Drtve), contatntng 21,780 square feet (L YNNHA VEN ~ DISTRICT 5) The Planmng Commisston deferred thts apphcatton to thetr November meettng. November 23, 1999 Item V-K. 2. - 28 - PLANNING ITEM # 45969 The following regtstered tn SUPPORT and represented the apphcant Al Abtouness, Engineer and General Partner - Lotus Creek Associates,, 4505 Colley Avenue, Phone 487- 7040 Kenneth A Dterks, Vtce Prestdent- Dtrector- Envtronmental Servtces- Langley and McDonald, 5544 Greenwtch Road, Phone 473-2000 Gary Webb, Sentor Assoctatton - Langley and McDonald, 206Robert Court, Chesapeake, Phone 473-2000 A MOTION was made by Vtce Mayor Sessoms, seconded by Councdman Harrtson to APPROVE the Variance on the Apphcation ofLOTUS CREEKASSOCIA TES for a Vartance to Section 5B of the &te Plan Or&nance, Floodplatn Regulattons, to complete a restdenttal development project on property on Lotus Creek Drtve. Or&nance upon apphcatton of Lotus Creek Associates, for a Vartance to Sectton 5B of the Site Plan Ordtnance, Floodplatn Regulattons, on certatn property located on Lotus Creek Drtve, 270 feet south of Camtno Real South. PRINCESS ANNE - DISTRICT 7 Voting 5-5 (MOTION LOST TO A TIE VOTE) Counctl Members Vottng Aye. Margaret L Eure, William W Harrtson, Jr., Harold Hetschober, Reba S McClanan and Vice Mayor Wdham D Sessoms, Jr Counctl Members Vottng Nay Ltnwood O. Branch, III, Barbara M Henley, Mayor Meyera E Oberndorf Nancy K Parker and A. M. "Don" Weeks Counctl Members Abstatmng Louts R Jones Counctl Members Absent' None Counctlman Jones DISCLOSED and ~4BST/IINED as he has an ownershtp interest tn Resource Bank whtch exceeds 3% of the asset value of the bank Resource Bank does have a loan on this spectfic ptece of property November 23, 1999 - 29 - Item V-K.$. PLANNING ITEM # 45970 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ALLOWED WITHDRAWAL, of the Apphcatton of CEW LLC for a Vartance to Sectton 4 4(b) of the Subchvtston Ordtnance whtch requtres aH newly created lots meet all requtrements of the Ctty Zontng Ordinance (CZO)' Appeal to Decisions of Admtntstrattve Officers tn regard to certam elements of the Subchviston Ordinance, Subchvtston for CEWLLC Property ts located on the east side of Watersedge Drtve, south of Kelhe Anne Lane (GPIN #1498-09-4470). L YNNHA VEN - DISTRICT 5 Vottng 11-0 (By ConsenO Council Members Vottng Aye Linwood 0 Branch, III, Margaret L. Eure, Wtlltam W Harrtson, dr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay None Counctl Members Absent None November 23, 1999 Item V-K. 4. - 30- PLANNING ITEM # 459 71 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl DEFERRED UNTIL CITY COUNCIL SESSION OF DECEMBER 14, 1999, the Apphcattons of CORNELIUS F. B OYNTON, JR., ANTONINA BOYNTON, LOPE B. PILE and MERCY PILE (KEMPSVILLE - DISTRICT 2) for a disconttnuance, closure and abandonment ora portion of Jersey Avenue and Conchttonal Use Permtt to replace the CUP APPROVED September 28, 1999 Apphcatton of Cornehus F Boynton, Jr, Antomna Boynton, Lope B Ptle and Mercy Ptle for the dtscontmuance, closure and abandonment ora portton of Jersey Avenue begtnntng at tt southern terminus and runntng tn a northerly chrectton to the southern boundary of Virginia Beach Boulevard Satd parcel ts vartable tn wtdth and contatns 5607 square feet DISTRICT2 - KEMPSVILLE AND, ORDINANCE UPON APPLICATION OF CORNELIUS F BO YNTON, AND ANTONINA S BOYNTON, LOPE B PILE AND MERCY PILE FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE SALES AND SER VICE Ordtnance upon apphcatton of Cornehus F and Antontna S Boynton, Lope B Ptle and Mercy Ptle for a Conchttonal Use Permit for automobile sales and servtce at the Southeast corner of Vtrgtnia Beach Boulevard and North Wttchduck Road (GPIN #1467-85-6657) Said parcel ts located at 5085 Vtrgtnia Beach Boulevard and contatns 21,667 square feet KEMPSVILLE - DISTRICT2 This new Conditional Use Permit includes the area of Jersey Avenue that is proposed for closure and subject to compliance. Votmg 11-0 (By ConsenO Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, HaroM Hetschober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wilham D Sessoms, Jr and A. M. "Don" Weeks Council Members Voting Nay: None Counctl Members Absent None November 23, 1999 - 31 - Item V-K. 5. PLANNING ITEM # 45972 Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, City Counctl ADOPTED an Ordmance upon appltcatton of VIRGINIA BEACH CHURCH OF GOD REGENCY for a Condtttonal Use Permtt ORDINANCE UPON APPLICA TION OF VIRGINIA BEA CH CHUR CH OF GOD REGENCY FOR A CONDITIONAL USE PERMIT RO11993004 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of Vtrginta Beach Church of God Regency for a Condtttonal Use Permtt for a church addition at the southeast corner of Wolfsnare Road and Regency Drtve (GPIN #2407-49-4709) Satd parcel ts located at 836 Regency Drtve and contains 1 996 acres DISTRICT 6- BEACH The followtng con&tions shall be requtred The extsting shed will be removed prtor to constructton of the proposed all-purpose room/gym addttton located along the east property hne. Two handicap spaces must be tnstalled tn accordance wtth the Americans with Disabtlities Act (ADA) requtrements prtor to the completton of any addtttons or tmprovements. The subject site shall be developed tn accordance wtth the site development plan entttled "Virgtnta Beach Church of God", dated July 15, 1999, and prepared by Gallup Surveyors & Engmeers, LTD The additton will match the color scheme and butldtng matertals of the extsttng church The addttton will be constructed tn accordance wtth the elevattons submttted entitled "Gym Addttton -Vtrgmia Beach Church of God", dated August 30, 1999, prepared by Verebely &Assoctates, Architects, wtth the exceptton that the rear (east stde) of the addttton wtll also be constructed with brtck veneer Thts Or&nance shall be effective tn accordance wtth Section 107 (J) of the Zomng Ordinance Adopted by the Councd of the City of Vtrgtnta Beach, Vtrginta, on the Twen _ty-third of November, Ntneteen Hundred and Ninet¥-Ntne Vottng 11-0 (By ConsenO Counctl Members Vottng Aye' Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor Wtlliam D Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay None Counctl Members Absent None November 23, 1999 - 32 - Item V-K. 6. PLANNING ITEM # 459 73 Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED an Ordtnance upon application of SNUG HARBOR DEVELOPMENTLLC, Alan R (Rtck) Gregory, Jr, for a Change of Zoning ORDINANCE UPON APPLICATION OF SNUG HARBOR DEVELOPMENTLLC, ALANR (Rick) GREGOR, JR, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO R-5D Z011991150 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcation of Snug Harbor Development LLC, Alan R (Rick) Gregor, Jr, for a Change of Zomng Dtstrtct Classtficatton from B-2 Commumty Bustness Dtstrtct to R-5D Restdential Duplex Dtstrtct wtth a PD-H2 Planned Untt Development Dtstrtct Overlay on the southwest corner of Pleasure House Road and Lake Drtve (GPIN #15 70- 50-0856). The proposed zomng classtficatton change to R-SD wtth a PD-H2 Overlay ts for stngle famtly restdenttal land use on lots no less than 5, 000 square feet The Comprehenstve Plan recommends use of thts parcel for retatl uses that are compattble wtth other Plan pohctes Satd parcel ts located at 2453 Pleasure House Road and contatns 40, 000 square feet DISTRICT 4 - BA YSIDE The followtng con&tions shall be reqmred The site plan, unit elevattons, set backs, landscaping, fenctng, and constructton matertals for this PD-H2 shall substanttally adhere to the apphcant's submtttal entttled "Coastal Vtew, A Prtvate Beach Communtty", prepared by Kellam and Gerwttz Engtneenng dated 7-13-99 The colorpallet of the development will be from the "Summtt Manor" vtnyl stcltng sertes by Norandex, whtch has been exhtbtted to the Planmng Commtsston and Ctty Counctl and on file at the Planmng Department Extertor colors wtll be strictly tn keeptng with the color pallette provtded by the apphcant and presented to the Planntng Commisston and Ctty Counctl, entttled "Summtt Manor vtnyl swhng" by Norandex 2 The project wtll be in keeptng wtth assurances provtdedfor by the developer as prescribed below Access to the development wtll be provtded solely from the private roadway deptcted on the plan No direct access will be permttted from Pleasure House Road b A 4-foot htgh maintenance free vtnyl fence and stdewalks, as shown on the submttted plans, must be tnstalled along Pleasure House Road, Lake Drtve and Machen Avenue The building setbacks shall be as prescribed on the submttted stte plan entitled "Coastal Vtew, A Prtvate Beach Communtty", prepared by Kellam and Gerwttz Engtneertng dated 7-13-99 d Each dwelhng umt shall have two parlang spaces tn addttton to the garage, as shown on the submttted plans e A maxtmum of 8 single family condomtmum homes, as deptcted on the submitted plans, shall be allowed f Maxtmum butldtng height ts 35feet. November 23, 1999 - 33 - Item V-K. 6. PLANNING ITEM # 45973 (Continued) No tdenttfication stgnage shall be located on the face of the wall along Pleasure House Road Stgnage for the project on Lake Avenue shall be externally tlluminated, stgn size shall adhere to Sectton 504 of the City Zoning Ordinance. h. Accessory structures or decks beyond those shown on the plan are not permitted. The project shall be developed tn keeping with all site plans, landscape plans, building matertals, and extertor colors as presented to the Planning Commtssion and City Council A condomtntum assoctatton will be formed and shall be responsible for the maintenance of all common improvements tncluchng, but not hmtted to roadways, landscaptng and matntenance of common areas k All extsttng interior lot hnes must be vacated Thts Or&nance shall be effective tn accordance with Sectton 107 (J) of the Zoning Or&nance Adopted by the Counctl of the Ctty of Virginia Beach, Virgtnta, on the Twen_ty-third of November, Nineteen Hundred and Ntnety-Nine Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L. Eure, Wtlham W Harrtson, Jr, Harold Hetschober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wilham D. Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay None Counctl Members Absent. None November 23, 1999 - 34 - Item V-K. 7. a. PLANNING ITEM # 45974 Attorney R J Nutter, 4425 Corporatton Lane g420, Phone. 518-3200, represented the Hampton Roads Associatton for Commerctal Real Estate and requested DEFERRAL Upon morton by Councdman Harrison, seconded by Vice Mayor Sessoms, City Councd DEFERRED UNTIL CITY COUNCIL SESSION OF JANUARY 11, 2000: AMENDMENT of the Comprehensive Plan Appendix re design GUIDELINES for large retail establishments. This deferral wtll allow revtew by the Hampton Roads Assoctatton for Commerctal Real Estate Many major tenants prefer to have thetr parking areas tn front of thetr stores for customer conventence. Counctl Members Eure and Parker have volunteered to be liaisons wtth the commumty Vottng. 11-0 (By ConsenO Councd Members Voting Aye' Ltnwood O. Branch, IlL Margaret L. Eure, IVtlliam IV Harrtson, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor Wilham D Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay None Counctl Members Absent None November 23, 1999 - 35- Item V-K. 7. b. PLANNING ITEM # 459 75 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED: Ordtnance to AMEND Secttons 401 and 501 of the Ctty Zontng Ordtnance (CZO) re Marriage Commissioners as accessory users tn the Agricultural and Restdential Dtstricts. Vottng. 11-0 (By ConsenO Counctl Members Vottng Aye: Ltnwood O. Branch, III, Margaret L. Eure, Wtlham W Harrtson, Jr, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndor)5, Nancy K. Parker, Vice Mayor Wdham D Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay None Councd Members Absent. None November 23, 1999 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE PROVISIONS BY INCREASING THE NUMBER OF PERSONS ALLOWED TO BE ON THE PREMISES IN CONNECTION WITH THE PERFORMANCE OF THE RITES OF MARRIAGE AS AN ACCESSORY ACTIVITY IN AGRICULTURAL AND RESIDENTIAL ZONING DISTRICTS SECTIONS AMENDED: §§ 401(b) and 501(b) of the City Zoning Ordinance WHEREAS, the public necessity, convenience, general welfare 10 and good zoning practice so require; 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 That Sections 401(b) and 501(b) of the City Zoning Ordinance 14 are hereby amended and reordained to read as follows: 15 Sec. 401. Use regulations [Agricultural Zoning Districts]. 16 17 (b) Accessory uses and structures. Uses and structures which 18 are customarily accessory and clearly incidental and subordinate to 19 principal uses and structures, includmng but not l~mmted to: 2O (1) In connection with agricultural use, no more than one (1) 21 roadside stand for sale of agricultural products produced 22 by the operator of the roadside stand, provided that: 23 (i) No such stand shall exceed one thousand (1,000) 24 square feet in floor area; 25 (ii) No stand shall be erected within fifty (50) feet of 26 the property line frontmng on any street; 27 (iii) The operator of the stand must be the owner or 28 operator of the agricultural property on whzch the 29 stand is located; 3O (iv) At least fifty (50) percent by value of the produce 31 sold from the stand shall have been produced by the 32 operator of the roadsmde stand. 33 (2) An accessory activity operated for profit in a 34 residential dwelling unit where (i) there zs no change in 35 the outside appearance of the building or premises or any 36 vismble or audible evidence detectable from outside the 37 buildmng lot, either permanently or intermittently, of 38 the conduct of such business except for one (1) 39 nonilluminated identification sign not more than one (1) 4O square foot in area mounted flat against the residence; 41 whcrc /ii) no traffic is generated, including traffic by 42 commercial delivery vehmcles, by such activity mn greater 43 volumes than would normally be expected in the 44 neighborhood, and any need for parking generated by the 45 conduct of such activity is met off the street and other 46 than in a required front yard; whcrc (iii) the activity 47 is conducted on the premmses which is the bona fide 48 residence of the prmncmpal practztioner, and no person other than members of the mmmediate famzly occupymng such 5O dwelling units is employed in the activmty; whcrc 51 such activity ms conducted only in the principal 52 structure on the lot; .... e~ (v) there are no sales to the 53 general public of products or merchandmse from the home; 54 and whcrc (vi) the activity ms specifically designed or 55 conducted to permit no more than one (1) patron, customer, or pupil to be present on the premises at any 57 one (1) time. Notwithstanding the provismons of clauses 58 (ii) and (vi) hereof, mmnisters, marriaqe commissmoners 59 and other persons authorized by law to perform the rites 6O of marriage may permit a maximum of eiqht (8) persons on 61 the premmses at any one tmme mn connectmon with the 62 performance of such rites, provided that all other 63 requirements of subdivision (b) (2) are met. The 64 following are specifically prohibited as accessory 65 activities: Convalescent or nursing homes, tourist homes, 66 massage parlors, radio or television repair shops, auto 67 repair shops, or similar establishments. 68 Sec. 501. Use regulations [Residential Zoning Districts]. 69 7O (b) Accessory uses and structures. Uses and structures which 71 are customarily accessory and clearly incmdental and subordinate to 72 principal uses and structures and where such accessory structures 73 do not exceed the height of the prmnc~pal structure and do not 74 exceed five hundred (500) square feet of floor area or twenty (20) 75 percent of the floor area of the principal structure, whichever is 76 greater. Such accessory uses and structures include but are not 77 lmmmted to: 78 (1) Detached guest house and servants quarters wmthln the 79 R-40 District only; 80 (2) Bees; 81 (3) Swimming pools, boat houses, piers, etc.; 82 (4) In connection with agricultural use, no more than one (1) 83 roadside stand for sale of agrmcultural products produced 84 on the premises; provided that no such stand shall exceed 85 five hundred (500) square feet in floor area nor be 86 erected within twenty (20) feet of the property line 87 fronting any street; 88 (5) An accessory activity operated for profit in a 89 residential dwellmng unit where l.m) there Ks no change ~n 9O the outszde appearance of the building or premises or any 91 visible or audible evidence detectable from outside the 92 building lot, either permanently or intermmttently, of 93 the conduct of such business except for one (1) 94 nonillummnated identification sign not more than one (1) 95 square foot in area mounted flat against the residence; 96 whcrc (ii) no traffic is generated, including traffic by 97 commercial delivery vehicles, by such actmvmty in greater 98 volumes than would normally be expected mn the 99 neighborhood, and any need for parking generated by the 100 conduct of such activity is met off the street and other 101 than in a required front yard; where (iii) the activity 102 is conducted on the premises whmch ms the bona fmde 103 residence of the principal practitioner, and no person 104 other than members of the immedmate family occupying such 105 dwelling units is employed in the activity; whcrc (iv) 106 such activity is conducted only in the principal 107 structure on the lot; whcrc (v) there are no sales to the 108 general public of products or merchandise from the home; 109 and whcrc (vi) the act~vmty ms spec~fzcally designed or 110 conducted to permit no more than one (1) patron, 111 customer, or pupil to be present on the premises at any 112 one (1) tmme. Notwlthstandmng the provismons of clauses 113 (mm) and (vm) hereof, ministers, marriaqe commisszoners 114 and other persons authorized by law to perform the rites 115 of marriage may permit a maximum of eiqht (8) persons on 116 the premises at any one tmme zn connectmon wmth the 117 performance of such rites, provided that all other 118 requmrements of subdivmszon (b) (5) are met. The 119 following are spec~fmcally prohibited as accessory 120 activities: Convalescent or nursing homes, tourmst homes, 121 massage parlors, radio or televmsion repair shops, auto 122 repair shops, or similar establishments. 123 Adopted by the City Council of the City of Virginia Beach, 124 Virgmnia, on this 23r~ day of November, 1999. 125 126 127 128 129 CA-7476 wmm~ordres~45-401(b)&501(b) .ord R-2 October 1, 1999 - 36- Item V-L. 1. APPOINTMENTS ITEM # 459 76 B Y CONSENSUS, Ctty Counctl RESCHEDULED the following APPOINTMENTS CHESAPEAKE BA Y AREA PRESER VA TION AREA BOARD COMMUNITY SER VICE BOARD (CSB) FRANCIS LAND HOUSE BOARD OF GOVERNORS HISTORICAL REVIEW BOARD PLANNING COMMISSION RESORT AD VISOR Y COMMISSION (RA C) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VB CDC) VOL UNTEER CO UNCIL November 23, 1999 -37- Item V-L. 2. APPOINTMENTS ITEM # 45977 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Council REAPPOINTED: John M. Baillio James W. Raynor, III William M. Walsh, Jr 2-Year Terms - 11/1/99 - 10/31/2001 HISTORICAL REVIEW BOARD Vottng 11- 0 Counctl Members Vottng Aye' Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlliam D Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay None Counctl Members Absent' None November 23, 1999 - 38- Item V-O. ADJOURNMENT ITEM # 459 78 Vtce Mayor Wtlliam D Sessoms, Jr, DECLARED the Ctty Councd Meettng ADJOURNED at 8:30 P.M. Chief Deputy Ctty Clerk Wilham D Sessoms, Jr V~ce Mayor ~ CMC/AAE Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta November 23, 1999