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MARCH 14, 2000 MINUTESCity CITY COUNCIL MAYOR MEYEIL, I E. OBERNDORF, At-Large 17CE MAYOR I~TLLIAM D. SESSOMS, JR., At-La~e JOHN A. BA UM, At-~rge LI.~"OOD O. B~4NCft, I11, Dim'ici 6-Beach M.qRGA~T L. E[,'~, Dtstnct l-Ccntc~villc It'ILLL4M ~Y~ It,4~ISON, JR,, Dmrtct 5-Lvnnhaven B.4~A~d M. IIENLE~ Dtst~ct 7 -P~ncess Anne L()U/S R. JONES, Distm't 4-B~vside ~BA S. McCL'LX:A,N~ D~st~ct 3-Rose ltall N~NCY K. PA~'ER, At-[mr~c A.M. (~N~ IY~EKS. Distrkt 2-~Ymp,n'illc .Lq.lIES K. SPORE. Ct[v LESLIE L. LILLEY, City RUTH HODGES-SMITH, C/tv (?le~k of Virginia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CI I"~ I L ILL Ill. 'ILl }INt ; I 24Ol Ct }t 'RTl Ir IUY, E I)Rll 7~ VIR(;L\'L~ llEACII. VIRt;INI.~ I'II(~NE: (7J7) I:MAIL: Ct~ cncl~a'citv vir~inht-bc(wh, v..u~ March 14, 2000 CITY MANAGER'S BRIEFINGS - Conference Room - 12:00 NOON go Bo Striving for Excellence Report Mr. James K. Spore, City Manager [5 min.] Hampton Roads Third Crossing EIS Mr. Dale Castellow, Transportation Planning Cooridnator and Mr. Robert Matthias, Assistant to the City Manager [30 min.] II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 1:30 PM CALL TO ORDER - Mayor Meyera E. Obemdorf Bo ROLL CALL OF CITY COUNCIL Co RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Stanley W. Sawyer All Saints Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Do ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES A. INFORMAL & FORMAL SESSIONS March 7, 2000 G. AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. H. PUBLIC HEARING VOTING PRECINCT and POLLING PLACE Great Neck Precinct ~ All Saints Episcopal Church ORDINANCES/RESOLUTION Ordinance to AMEND Section 10-1 of the City Code to CHANGE the polling place for the Great Neck Precinct from Francis Asbury United Methodist Church to All Saints Episcopal Church. Ordinance to APPROPRIATE $2,160,374 to fully fund the Comprehensive Services Act (CSA) Special Revenue Fund (estimated federal funds of $160,000 and state funds of $1,755,374), TRANSFER $1,350,000 re services for emotionally troubled youth; and direct the City Clerk to make permanent record of the CSA report. 3. Ordinance re Community Services Board (CSB), Mental Health/Mental Retardation: a. APPROPRIATE $185,000 to the Beach House b. APPROPRIATE $316,901 special revenue fund c. TRANSFER $162,070 re Skill Quest Ordinance to AUTHORIZE temporary encroachment into a portion of the right-of-way of Seaview Avenue and Lookout Road (4500 Lookout Road) by Shirley J. and Robert W. Lewis re existing concrete foundation, room addition, wooden fences and deck; authorize the City Manager to execute the agreement; and, this ordinance shall be effective only upon the signature of the City Manager and the applicant. Resolution to AUTHORIZE the third amended charter agreement of the Southeastern Job Training Administration (SVJTA) as related to the City's duties and responsibilities under the Workforce Investment Act (WIA). J. PLANNING Application of JOHN H. KUREK for a Conditional Use Permit for a residential kennel on Lot 1, Block K, Wellington Woods (825 Lord Leighton Drive), containing 22,500 square feet (LYNNHAVEN - DISTRICT 5). Staff Recommends: Planning Comm, Recommends: DENIAL APPROVAL Application of SANDRA MARIE MAWYER for a Conditional Use Permit for a commercial kennel on the North side of Old Carolina Lane, West of Blackwater Road (3464 Old Carolina Road), containing 5.282 acres (PRINCESS ANNE - DISTRICT 7) Recommendation: APPROVAL Application of GALE LEVINE for a Conditional Use Permit for boat storage on the East side of North Great Neck Road, South of Lynnhaven Drive (2100 Marina Shores Drive), containing 12.4146 acres. (LYNNHAVEN - DISTRICT 5). Deferred: Applicant Request: Recommendation: February 8, 2000 Deferral to June 13, 2000 APPROVAL Application of CROWN COMMUNICATION for a Conditional Use Permit for a 150-foot monopole on the North side of Heffington Drive, West of North Landing Road, containing 4.903 acres (PRINCESS ANNE - DISTRICT 7). Recommendation: APPROVAL Application of HAMPTON ROADS JUNIOR GOLF FOUNDATION for a Conditional Use Permit for a golf course on the East side of Princess Anne Road beginning 1,570 feet more or less South of Winterberry Lane, containing approximately 40 acres (PRINCESS ANNE - DISTRICT 7). Recommendation: APPROVAL Application of WAWA, INC., A Pennsylvania Corporation, for a Conditional Use Permit for gasoline sales in conjunction with a convenience and carry_-out food store at the Northwest comer of Shore Drive and Pleasure House Road (4800 Shore Drive), containing 2.14 acres (BAYSIDE - DISTRICT 4). Recommendation: APPROVAL Applications of ROBERT STEINHILBER and HERBERT A. CULPEPPER at the Southwest intersection of Blackwater Road and Blackwater Loop, containing 320 acres (PRINCESS ANNE - DISTRICT 7). ao Variance to Section 4.2(m)(1) of the Subdivision Ordinance which requires a minimum pavement width for the proposed cul-de-sac re a proposed 26-foot pavement width and swales in lieu of curb and gutter to route stormwater runoff. b. Conditional Use Permit for an alternative residential development Deferred Indefinitely: Deferred: December 14, 1999 Febmary 1, 2000 Recommendation: DENIAL Application of CHRISTOPHER T. ETTEL/W.B. CONTRACTORS, INC. for a Variance to Section 4.4(b) of the Subdivision Ordinance, which requires that all newly created lots must meet all requirements of the City Zoning Ordinance (CZO) at 201 60th Street (LYNNHAVEN - DISTRICT 5). Recommendation: APPROVAL Application of GEORGE BAYLOR and JENNIE DOZIER CASON for a Variance to Section 4.4(b) of the Subdivision Ordinance, which requires that all newly created lots must meet all requirements of the City Zoning Ordinance (CZO) at 590 and 592 Princess Anne Road (PRINCESS ANNE - DISTRICT 7). Recommendation APPROVAL 10. Applications of CORNELIUS F. BOYNTON, JR., ANTONINA BOYNTON, LOPE B. PILE and MERCY PILE (KEMPSVILLE - DISTRICT 2): Discontinuance, closure and abandonment of a portion of Jersey Avenue beginning at its Northern terminus and running in a Northerly direction to the Southern boundary of Virginia Beach Boulevard, containing 5607 square feet, to incorporate adjoining properties and facilitate redevelopment. bo Conditional Use Permit to replace the CLIP approved September 28, 1999, for automobile sales and service at the Southeast comer of Virginia Beach Boulevard and North Witchduck Road (5085 Virginia Beach Boulevard), containing 21,667 square feet. Deferred: November 9, 1999 November 23, 1999 December 14, 1999 Recommendation: APPROVAL 11. Application of CC, LLC d/b/a ZOOTS for a Change of Zoning District Classification from O-1 Office District to Conditional B-lA Limited Community Business District at the Northwest comer of Diamond Springs Road and Wesleyan Drive (925 Diamond Springs Road), containing 35.693 square feet (BAYSIDE - DISTRICT 4). Recommendation: APPROVAL 12. RECONSIDERATION AND MODIFICATION OF PROFFERS placed on the July 1, 1997, approved application of LEE and DENISE BARNES for a Change of Zoning from R- 10 Residential to Conditional B-2 Business for Joseph Overholt, Trustee - Overholt Trust, at 1629 Salem Road, containing 1.02 acres of the original 15-acre commercial site (CENTERVILLE - DISTRICT 1) Deferred: November 9, 1999 February 01, 2000 February 22, 2000 Recommendation: APPROVAL 13.. Application of ARAMARK EDUCATIONAL RESOURCES, INC. t/a CHILDREN'S WORLD LEARNING CENTERS for a Change of Zoning District Classification from Conditional 0-2 Office District to Conditional 0-2 Office District with modified proffers on the North side of Ferrell Parkrway, 70 feet more or less East of the intersection of Ferrell Parkway and McComas Way, containing 3.011 acres (PRINCESS ANNE - DISTRICT 7). Recommendation: APPROVAL 14. Ordinance to AMEND the Comprehensive Plan Appendix re DESIGN GUIDELINES for large retail establishments. Deferred: November 23, 1999 January 11, 2000 Recommendation: INDEFINITE DEFERRAL K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICE ADVISORY BOARD VIRGINIA BEACH CRIME TASK FORCE WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS 1. ABSTRACT OF VOTES REPUBLICAN PRIMARY ELECTION - February 29, 2000 N. ADJOURNMENT PROPOSED FY 2000-2001 RESOURCE MANAGEMENT PLAN SCHEDULE DATE EVENT LOCATION TOPIC Tuesday, March 28 - Presentation of the FY 2000 Council Chamber City Manger's Proposed Resource 6:00 PM -2001 Resource Mgmt. Plan Management Plan Tuesday, April 4 Council Workshop Council Conference Room Economic Vitality, Safe Community, 10:00 AM - Noon & Policy and Decision Support Tuesday, April 11 Council Workshop Council Conference Room Quality Education for Lifelong 10:00 AM - Noon Learning Thursday, April 13 Public Hearing To be announced Public comment on Proposed FY 7:00 PM - 9:30 PM 2000-2001 Resource Mgmt. Plan Tuesday, April 18 Council Workshop Council Conference Room Quality Physical Environment & 10:00 AM - Noon Operational Support Tuesday, April 25 Council Workshop Council Conference Room Cultural and Recreational 2:00 PM - 4:00 PM Opportunities & Family and Youth Opportunities Tuesday, April 25- 6:00 PM Public Hearing Council Chamber Public Comment Thursday, May 4 Council Workshop Council Conference Room Reconciliation of outstanding 10:00 AM - Noon resource issues Tuesday, May 9 - 2:00 PM Adoption of FY 2000-2001 Council Chamber Resource Mgmt. Plan 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) MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 14, 2000 Mayor Meyera E. Oberndorf called to order the CITY MANAGER's REPORT re STRIVING FOR EXCELLENCE, in the Council Conference Room, City Hall Building, on Tuesday, March 14, 2000, at 12:00 NOON. Council Members Present: John A. Baum, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: Linwood O. Branch, III Reba S. McClanan William W. Harrison, Jr. [AWAITING BIRTH OF CHILD] [ENTERED: 12:05 P.M. ] [ENTERED: 12:45 P.M.] -2- CITY MANAGER'S BRIEFING STRIVING FOR EXCELLENT REPORT 12:00 NOON ITEM # 46348 The City Manager referenced the Annual Quality and Productivity Initiatives Report - "Striving for Excellence" distributed to City Council. This Report was compiled by a Committee of thirteen employees. The items implemented during 1999 saved the citizens approximately $8.5-MILLION. Over the ten years, these productivity and quality items have saved the City approximately $65.3-MILLION. This avoided an increase in the tax rate of 3 cents. The total grants received amounted to $46.2-MILLION. If not received, this would have equated to an increase of 2 cents on the property tax rate. ANNUAL QUALITY AND PRODUCTIVITY INITIATIVES REPORT "Striving for Excellence" Calendar Year 1990-92' 1993 1994 1995 1996 1997 1998 1999 TOTAL Dollars Saved $29.7M $ 5.1M $ 3.3M $ 3.4M $ 4.3M $ 3.5M $ 7.5M $ 8.5M $ 65.3M Costs Avoided not not $3.8M $2.4M $940,318 $2.5M $4.7M $4.1M $18.4M reported reported Net Positions 289 93 69 18 4 0 0 0 473 Eliminated I FundRasing $245,000 $520,321 $ 2.9M $ 2.8M $345,881 $108,000 $363,776 $156,903 $ 7.4M ~ Revenue $ 4.1M $ 1.9M $3.5M $2.8M $3.9M $481,000 $2 M $1.6M $20.2M Generated/ New Potential Rev. Grants $ 8.8M $948,932 $ 3.9M $1.6M $ 8.8M $17.9M $ 3 M $1.3M $ 46.2M Reorganizations 85 22 75 28 23 not not not 233 Consolidations reported reported reported System/Processes 367 365 426 607 321 227 169 145 2,627 /Technology Improvements Services 292 296 347 858 212 58 288 246 2,597 Enhanced Volunteers ** Number 13,766 5,500 6,791 8,594 10,293 10,481 11,635 not 67,060 Hours available 11.2M Value until $121.1M 7/00 *Note: The first Quality and Productivity Report was for multiple years. Those that followed were annual reports. **-reported on a fiscal year, not a calendar year. Patricia Phillips, Director of Finance, shall compile the Wall Street articles from the rating agencies regarding the City of Virginia Beach and provide to City Council. The City Manager shall provide this information on the City's Web Page. Mayor Oberndorf also referenced the very favorable assessment of B +for the City by Syracuse University in Governing Magazine. The Mayor complimented the City Manager and Staff on their administrative accomplishment. March 14, 2000 -3- CITY MANAGER'S BRIEFING HAMPTON ROADS THIRD CROSSING ElS 12:13 P.M. ITEM # 46349 Dale Castellow, Transportation Planning Coordinator, distributed a DRAFT of the City's comments relative the Environmental Impact Statement (DEIS) for the Third Crossing of Hampton Roads and a Briefing Pamphlet by VDOT relative the Hampton Roads Crossing Study. Said information is hereby made a part of the record. VDOT has narrowed the list of alternatives from twenty (20) to four (4) to essentially serve as another connection across the Hampton Roads Harbor. With the utilization ora video, Mr. Castellow summarized the alternatives. As daily traffic volumes on the Hampton Roads Bridge Tunnel continue to grow, congestion is liable to spread out over a longer time period. As congestion continues to increase, what is currently known as the rush hour at the Hampton Roads Bridge Tunnel will actually stretch out across the entire day. If nothing is done over the next twenty years, traffic at the Hampton Roads Bridge Tunnel could experience congested conditions from 6:00 A.M. to 8:00 P.M. or a fourteen hour rush period. The projected growth in traffic and the expansion of the rush hour to an ail day rush period will contribute to the growth and the number of accidents at the Hampton Roads Bridge Tunnel. The number of incidents causing delays lasting more than 15 minutes at the Hampton Roads Bridge Tunnel could reach 21 a day or nearly one every hour. Three alternatives have been developed for your consideration to reduce these problems: Alternative 1: provides a new bridge tunnel parallel to the 1-64 Hampton Roads Bridge Tunnel and widens 1-64 to eight conventional travel lanes and two multi modal lanes from the 1-664 interchange to Hampton to the 1-564 interchange in Norfolk. Alternative 2: includes all of Alternative 1 as well as a connection to VA- 1 64 in Portsmouth. The 1-64 connection would also require a bridge tunnel to cross the Elizabeth River. Alternative 9: provides a new bridge tunnel parallel to the 1-664 Monitor Merrimac Memorial Bridge- Tunnel with a connection from the new bridge tunnel to Norfolk and Portsmouth. The connection to Norfolk would also require a bridge tunnel to cross the Elizabeth River. This alternative would also include the connection along the east side of Craney Island to VA-164 in Portsmouth. This has the advantage of being constructed in usable segments. No-Build Alternative In order to accommodate future growth, each of the alternatives could accommodate HOV, buses, or passenger rail. Each crossing will include a three-tube tunnel section. Two of the tubes will carry four lanes of conventional traffic and the third tube will be used for HOV, an exclusive busway or passenger rail. In southeastern Newport News, Alternative 9 is designed to avoid the sewerage treatment plant and coal terminal to the west of Interstate 664, as well as King Lincoln Park, the small boat harbor and the many residences located to the east ofi-664. While the existing Monitor Merrimac Memorial Bridge Tunnel will carry traffic in the west bound direction, two of the new tubes will carry conventional traffic in the east bound direction. A possible scenario for the third multi modal tube is that it could initially carry HO Vs and buses. As demand increases, the tube could be converted into an exclusive busway. As demand continues to increase; and, should a rail system be developed on the Peninsula and the Southside, the tunnel couM be converted into a passenger rail system. A DraftEnvironmentallmpactStatement has beenpreparedfor theproject. Mr. Castellow advised the staff has reviewed the Draft Environmental Impact Statement and VDOT is hoping to receive comments from each of the localities in Hampton Roads within the next two weeks. Mr. Castellow displayed visual boards describing the Alternatives. The final Environmental Impact Statement should be developed by late Fall. March 14, 2000 -4- CITY MANAGER'S BRIEFING HAMPTON ROADS THIRD CROSSING EIS ITEM # 46349 (Continued) Despite support for the preferred Alternative 9, the City has questions they wish addressed: Access to Craney Island and the proposed port expansion site is discussed as an important factor for selection CBA #9. The City understands there is some question as to whether this proposal is even feasible. If this is correct, does this, in any way, alter the criteria used to select a preferred alternative or the outcome of the selection? The report suggests that the preferred alternative will generate a significant increase in the number of crossings between the Peninsula and Southside Hampton Roads (The DEIS calls for an increase of IS-million crossings annually.) The City's concern has been, and continues to be, the impact of these additional crossings will have upstream and downstream of the project limits. Although 1-64 on the Peninsula is slated for improvement, there is some question as to whether the proposed improvements will be sufficient to accommodate the additional demand. On the southside, there are no plans for improvements and 1-64 is currently operating at level of service "F". As this project moves forward, some consideration needs to be given to phasing the project in a way that will provide an opportunity to evaluate these problems and devise solutions prior to the construction of the Third Crossing. One suggestion wouM be to construct Phase I of the Third Crossing, consisting of the leg between 1-564 and 1-664 segment, before embarking on the construction of the third span and tubes. This would allow for a simultaneous review of Route 460 and its ability to serve as an alternative corridor connecting Hampton Roads to 1-95. When combined with the 1-564 to 1-664 segment, Route 460 becomes a highly attractive route for traffic with origins (or destinations) at the port or the Norfolk Naval Base. This route wouM avoid the 1-64 congestion problems and provide Hampton Roads with an attractive hurricane evacuation route. Robert Matthias, Assistant to the City Manager, advised the General Assembly approved $55-MILLION for the Inter-Modal connector (extension ofi-564 into Norfolk International Terminal) and $75-MILLION to do additional planning (firstphase ofThird Crossing). The General Assembly also provided $25-MILLION to perform Planning and Engineering for Route 460, which included an examination of high speed rail on that corridor. The staff has been following the expansion of Craney Island and the Port has determined by 2012 a new container terminal will be required. This entails a cost of SI-BILLION. The Port does not have a financing mechanism in place. This will obviously have a major impact on the Peninsula. B Y CONSENSUS, City Council authorized the City Manager to forward correspondence to the Virginia Department of Transportation conveying the City of Virginia Beach's comments on the Draft Environmental Impact Statement (DEIS) for the Third Crossing of Hampton Roads. March 14, 2000 -5- CITY M/INA GER 'S BRIEFING GENERAL/ISSEMBL Y ST/I TUS REPORT 12:35/I.M. ITEM # 46350 Robert Matthias, Assistant to the City Manager, advised the General Assembly Session was very successful Every item, with the exception of one, in the City's Legislative Package was addressed to the City's satisfaction. The only issue not addressed was the state-wide issue dealing with "hate" crimes and sexual orientation. The General Assembly moved $12.8-MILLION out of the second year of the Biennium into the current year to mend the CS/I problem, which should provide relief Hampton Roads Transit (HRT) will be receiving $2-MILLION. The old LightRail study funds was moved into an account for innovative buses. The Virginia Retirement System (VRS) will be required to have an annual evaluation on their actuarial rates rather than every two years. This will result in savings. The staff inflated the profit VRS is incurring, however, did not inflate membership in VRS. This will result in savings to the State of approximately $113- MILLION. There will be a 2.4 % increase on December First for SOQ school teach erpositions. The State aM to Libraries is fully funded. The CSA program is being moved from Secretary of Education to Health and Human Services. The CS/I allocation will also be changed to more closely match what localities are experiencing rather than some vague formula. There is $6.2-MILLION for open space purchase each year of the Biennium. The request had been for $40-MILLION. This is the first time the GeneraI Assembly has placed a substantial amount offundingfor open space. There were several bills which would have requested recordation go toward the purchase of open space; however, those Bills were carried over. The open space funding will be through the grant process of the Open Space Land Conservation Fund. As the City has 5% of the State's population, Virginia Beach can reasonably expect to retain at least 5% of the State funding. The applications for this funding will have to be in after the fiscal year. This will be followed closely. $8 70, 000 was set aside for the Non- Tidal Wetlands Management Program (House Bill 1170 & Senate Bill 648). This Act will not become effective until October 1, 2001. The General Assembly wishes to review the developed regulations. The City has a grant for a drug court from the Federal Government and there are matching funds. Community Corrections received additional funds from the Comprehensive Corrections Act. There is language in the Bill "No new Criminal Justice Training Academies can be established for the next two years ". The City is not certain whether this will affect the proposal for the old Seatack School. The City of Franklin received $4-MILLION. Senator Stolle, Delegate McDonnell, the City's Appropriations and Finance Committee Members, generally worked very hard to get the law changed to receive 50% reimbursement for the Operation and Maintenance Cost of Group Homes, which will become effective July First. Then, the City will receive 50% reimbursement for the construction of the Virginia Beach Group Home. The Contemporary/irts Center received $125,000 this year for the rest of the fiscal year and another $125,000 for the next fiscal year. The Marine Science Museum is receiving a bonus of $250,000 for this year, a total of $1.5-MILLION next ftscal year and $500,000 the second ftscal year. Delegate Wardrup worked very hard to obtain an additional $225,000 for the Virginia Beach Health Department Supplemental/ippropriation. Delegate Wardrup also added approximately $3.5-MILLION state-wide for local health departments. The down side is the 45% will have to be matched. Mr. Matthias advised part of the City's Legislative Package encompassed having the formula changed. A commitment has been received from Senator Stolle ' and others to have this language put into effect to drive the budget prepared for the next Biennium. Relative transportation, $70-MILLION has been received for 1-264 Interchange Improvements (Witchduck, Rosemont, Lynnhaven, Great Neck, off ramp flyover from 1-64 westbound onto 1-264). The total cost of those projects will be approximately $160-MILLION. $42-MILLION has been allocated in the Capital Improvement Program. Route 104 in Chesapeake received $46-MILLION. There is $11-1/2- MILLION from the 1-64 tolls which is set aside for resurfacing. The Bill taking away the local governments' power to control microwave~cell towers within the VDOT right-of-way died. The Bill requiring clustering of development died. Relative transportation, there are no tobacco funds utilized. The only new funds that went into the transportation, with the exception of VRS savings, is the method gasoline taxed has been changed. This will now be at the wholesale level picking up $30-MILLION the first year and $18-MILLION each year thereafter. The Senate was very adamant there would be no additional burdens on the General Fund. There is no new long term financing for transportation. The Governor has indicated to the Richmond Times Dispatch that he will sign the Bill. The City Manager congratulated Mr. Matthias for his outstanding efforts. March 14, 2000 -6- AGENDA RE VIE W SESSION 12:50 P.M. ITEM # 46351 1.1. Ordinances to AMEND Section 10-1 of the City Code repolling places: a. Great Neck Precinct from Francis Asbury United Methodist Church to All Saints Episcopal Church. Seatack Precinct, (formerly known as Seatack Elementary Schoo0 now known as Virginia Beach Law Enforcement Training Academy. Vice Mayor Sessoms distributed an AMENDED Ordinance (ADDING SEATACK PRECINCT): ITEM # 46352 1.2. Ordinance to APPROPRIATE $2,160,374 to fully fund the Comprehensive Services Act (CSA) Special Revenue Fund (estimated federal funds of $160,000 and state funds of $1, 755,3 74), TRANSFER $1,350,000 re services for emotionally troubled youth; and direct the City Clerk to make permanent record of the CSA report. The City Manager advised Council Lady Parker, the funds derived from the General Assembly will have a very positive impact next year. ITEM # 46353 Ordinance to AUTHORIZE temporary encroachment into a portion of the right-of-way of Seaview Avenue and Lookout Road (4500 Lookout Road) by Shirley J. and Robert W. Lewis re existing concrete foundation, room addition, wooden fences and deck; authorize the City Manager to execute the agreement; and, this ordinance shall be effective only upon the signature of the City Manager and the applicant. Councilman clones viewed the encroachment and the existing structure. He advised Council Lady McClanan he did not believe the City Council should approve this at the present time; however, the encroachment has been existing for quite some time. ITEM # 46354 1.5. Resolution to AUTHORIZE the third amended charter agreement of the Southeastern Job Training Administration (SVJTA) as related to the City's duties and responsibilities under the Workforce Investment Act (WIA). A plan has been developed which proposes a Hampton Roads Workforce Development Council as afirst step in solidifying the relationship between employees, training providers and employees. The federal legislation requires oversight by ChiefLocal Elected Officials. The Hampton Road Workforce Development Council, as proposed, will serve as the Workforce Investment Board (WIB) required under the WlA. Council Lady Parker inquired if there would be a cost to the City or is this basically a committee established to work within the confines of Committees already established. The City Manager advised there is no cost to any of the cities involved. However, at some point years down the road, this new Task Force and City Council may come up with suggestions for additional revenues and work force development. There are existing Federal funds and the Hampton Roads Partnership is also providing funds. Mayor Oberndorf referenced the Resolution to AUTHORIZE the third amended charter agreement of the Southeastern Job Training Administration (SVJTA) as related to the City 's duties and responsibilities under the ~Vorkforce Investment Act (WIA). Mayor Oberndorf lauded the efforts of the City Manager, who coordinated and led this effort. All of the individuals in the region who have had the opportunity to work with the City Manager have nothing but praise for his ability. March 14, 2000 -7- AGENDA RE VIE W SESSION ITEM # 46355 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: I. 1. Ordinances to AMEND Section 10-1 of the City Code re polling places: a. Great Neck Precinct from Francis Asbury United Methodist Church to Ali Saints Episcopal Church. (ADD ON) Seatack Precinct, (formerly known as Seatack Elementary School) now known as Virginia Beach Law Enforcement Training Academy. 1.2 Ordinance to APPROPRIATE $2,160,374 to fully fund the Comprehensive Services Act (CSA) Special Revenue Fund (estimated federal funds of $160,000 and state funds of $1,755,3 74), TRANSFER $1,350,000 re services for emotionally troubled youth; and direct the City Clerk to make permanent record of the CSA report. 1.3. Ordinance re Community Services Board (CSB), Mental Health/Mental Retardation: a. APPROPRIATE $185, 000 to the Beach House b. APPROPRIATE $316,901 special revenue fund c. TRANSFER $162,070 re Skill Quest 1.4. Ordinance to AUTHORIZE temporary encroachment into a portion of the right-of-way of Seaview Avenue and Lookout Road (4500 Lookout Road) by Shirley J. and Robert W. Lewis re existing concrete foundation, room addition, wooden fences and deck; authorize the City Manager to execute the agreement; and, this ordinance shah be effective only upon the signature of the City Manager and the applicant. 1.5. Resolution to AUTHORIZE the third amended charter agreement of the Southeastern Job Training Administration (SVJTA) as related to the City's duties and responsibilities under the Workforce Investment Act (WIA). March 14, 2000 -8- ,4 GENDA RE VIE W SESSION ITEM # 46356 Application of JOHN H. KUREK for a Conditional Use Permit for a residential kennel on Lot 1, Block K, Wellington Woods (825 Lord Leighton Drive), containing 22,500 square feet (LYNNHA VEN - v~srmcr s). Councilman Harrison wished the applicantpresent his information. This item will be discussed in the Formal Session. ITEM # 4635 7 .I. 2 Application of SANDRA MARIE MA WYER for a Conditional. Use Permit for a commercial kennel on the North side of Old Carolina Lane, West of Blackwater Road (3464 OM Carolina Road), containing 5.282 acres (PRINCESS ANNE- DISTRICT 7) Council Lady Henley referenced opposition. This item will be discussed during the Formal Session. ITEM # 46358 d. 3. Application of GALE LEVINE for a Conditional Use Permit for boat storage on the East side of North Great Neck Road, South of Lynnhaven Drive (2100 Marina Shores Drive), containing 12.4146 acres. (L YNNHA VEN- DISTRICT 5) Councilman Harrison referenced correspondence from the applicant requesting DEFERRAL until June 13, 2000. Council Lady Parker referenced correspondence from the Cape Story By the Sea Civic Association relative congestion. Councilman Harrison advised Mrs. Levine requested deferral in order to prepare a study relative the amount of boat traffic. Councilman Harrison is meeting with the affected Civic Leagues next month. The Civic Leagues have concurred with the DEFERRAL. ITEM # 46359 d. 4. Application of CROVeTV COMMUNICATION for a Conditional Use Permit for a 150-foot monopole on the North side of Heffington Drive, West of North Landing Road, containing 4.903 acres (PRINCESS ANNE- DISTRICT 7). Council Lady Henley distributed a revised condition No. 1: The tower shall be developed as a standard graf colored monopole. If however the applicant is required bF the Federal Aviation Administration to paint the proposed tower, a continuous row of Le¥1and CFpress trees shall be planted around the entire tower compound. The required trees shall be planted 10'-12' on center and shall be a minimum of 12 feet in height at the time of planting. Lighting of the tower will be consistent with F.A.A. guidelines, however ~f possible, upward directed strobe lighting shall be used. ITEM # 46360 J. 7 Applications of ROBERT STEINHILBER and HERBERT CULPEPPER at the Southwest intersection of Blackwater Road and Blackwater Loop, containing 320 acres (PRINCESS ANNE - DISTRICT 7). Variance to Section 4.2(m)(1) of the Subdivision Ordinance which requires a minimum pavement width for the proposed cul- de-sac re a proposed 26-foot pavement width and swales in lieu of curb and gutter to route stormwater runoff. b. Conditional Use Permit for an alternative residential development This item shall be discussed during FORMAL SESSION. March 14, 2000 -9- AGENDA RE VIE W SESSION ITEM # 46361 J. 8. Application of CHRISTOPHER T. ETTEL/W.B. CONTRACTORS, INC. for a Variance to Section 4.4(b) of the Subdivision Ordinance, which requires that all newly created lots must meet all requirements of the City Zoning Ordinance (CZO) at 201 60tn Street (LYNNHA VEN- DISTRICT 5). Councilman Harrison advised the staff has noted this application could have far reaching effects with the side yard/front yard issue. However, he has not received any OPPOSITION. ITEM # 46362 J. 9. Application of GEORGE BAYLOR and JENNIE DOZIER CASON for a Variance to Section 4.4(b) of the Subdivision Ordinance, which requires that all newly created lots must meet all requirements of the City Zoning Ordinance (CZO) at 590 and 592 Princess Anne Road (PRINCESS ANNE - DISTRICT 7). Council Lady Parker inquired how this property ended up with two houses on one lot. Council Lady Henley advised that happened in the county and all over the City in family situations over the years before the City had the requirements to subdivide. ITEM # 46363 Jl l Application of CC, LLC d/Ma ZOOTS for a Change of Zoning District Classification from 0-10fficeDistrict to Conditional B- IA Limited Community Business District at the Northwest corner of Diamond Springs Road and Wesleyan Drive (925 Diamond Springs Road), containing 35.693 square feet (BAYSIDE - DISTRICT 4). Councilman Harrison will ABSTAIN on this item, as his law firm represents the land owner. ITEM # 46364 ,1.13 RECONSIDERATION AND MODIFICATION OF PROFFERS placed on the July 1, 1997, approved application of LEE and DENISE BARNES for a Change Of Zoning from R-10 Residential to Conditional B-2 Business for Joseph Overholt, Trustee - Overholt Trust, at 1629 Salem Road, containing 1.02 acres of the original 15-acre commercial site (CENTER VILLE - DISTRICT 1) Council Lady Henley advised this is just a minor change as a previous zoning exempted child care as a use. In examining the properties which are developing in this vicinity, Council Lady Henley does have concern. However, when this section developed on McComas Way, the first use was a skating rink. The properties front McComas Way and back up to Ferrell, which will be one of the City's major roadways. An existing office building backs up to the road and there is no landscaping. When Ferrell Parkway is ultimately built, there does not seem to be enough room for even the City to devise a good landscaping plan. The City Manager advised staff concurs the City must do a better job with screening. The one office building on the corner with the utility boxes exposed has only three small shrubs. Council Lady Eure advised this issue is being addressed in the new guidelines. If any part of a building faces a public street, there must be landscaping and screening. Council Lady Eure advised the skating rink was supposed to have landscaping down the side of the building. This was not installed. If landscaping is required, the City must have the ability to enforce same. Council Lady Eure requested staff examine this issue. March 14, 2000 -iO- AGENDA RE VIE W SESSION ITEM # 46365 J. 14 Ordinance to AMEND the Comprehensive Plan Appendix re DESIGN GUIDELINES for large retail establishments. This Ordinance will be DEFERRED INDEFINITELY. Council Lady Eure said this is very close, but will require additional staff time. ITEM # 46366 B Y CONSENSUS, the following items shall compose the PLANNING BY CONSENTAGENDA. Application of GALE LEVINE for a Conditional Use Permit for boat storage on the East side of North Great Neck Road, South of Lynnhaven Drive (2100 Marina Shores Drive), containing 12.4146 acres. (LYNNHA VEN- DISTRICT 5). J. 4 Application of CROWN COMMUNICATION for a Conditional Use Permit for a 150-foot monopole on the North side of Heffington Drive, West of North Landing Road, containing 4.903 acres (PRINCESS ANNE- DISTRICT 7). J. 5 Application of HAMPTON ROADS JUNIOR GOLF FOUNDA TION for a Conditional Use Permit for a golf course on the East side of Princess Anne Road beginning 1,570feet more or less South of Winterberry Lane, containing approximately 40 acres (PRINCESS ANNE - DISTRICT 7). J. 6 Application of WA WA, INC., A Pennsylvania Corporation, for a Conditional Use Permit for gasoline sales in con/unction with a convenience and carp-out food store at the Northwest corner of Shore Drive and Pleasure House Road (4800 Shore Drive), containing 2.14 acres (BA YSIDE - DISTRICT 4). J. 8 Application of CHRISTOPHER T. ETTEL/W.B. CONTRACTORS, INC. fora Variance to Section 4.4(b) of the Subdivision Ordinance, which requires that all newly created lots must meet all requirements of the City Zoning Ordinance (CZO) at 201 60tn Street (LYNNHA VEN- DISTRICT 5). ,I. 9 Application of GEORGE BAYLOR and JENNIE DOZIER CASON for a Variance to Section 4.4(b) of the Subdivision Ordinance, which requires that all newly created lots must meet all requirements of the City Zoning Ordinance (CZO) at 590 and 592 Princess Anne Road (PRINCESS ANNE - DISTRICT 7). J. 10 Applications of CORNELIUS F. BO YNTON, JR., ANTONINA B 0 YNTON, L OPE B. PILE and MER CYPILE (KEMPSVILLE - DISTRICT 2): Discontinuance, closure and abandonment of a portion of Jersey Avenue beginning at its Northern terminus and running in a Northerly direction to the Southern boundary of Virginia Beach Boulevard, containing 5607 square feet, to incorporate adjoining properties and facilitate redevelopment. Conditional Use Permit to replace the CUP approved September 28, 1999, for automobile sales and service at the Southeast corner of Virginia Beach Boulevard and North Witchduck Road (5085 Virginia Beach Boulevard), containing 21,667square feet. March 14, 2000 -11- AGENDA RE VIE W SESSION ITEM # 46366 (Continued) J. 11 Application of CC, LLC d/b/a ZOOTS for a Change of Zoning District Classification from 0-1 Office District to Conditional B- iA Limited Community Business District at the Northwest corner of Diamond Springs Road and Wesleyan Drive (925 Diamond Springs Road), containing 35.693 square feet (BAYSIDE - DISTRICT 4). J. 12 RECONSIDERATION AND MODIFICATION OF PROFFERS placed on the July 1, 1997, approved application of LEE and DENISE BARNES for a Change of Zoning from R-10 Residential to Conditional B-2 Business for Joseph Overholt, Trustee - Overholt Trust, at 1629 Salem Road, containing 1.02 acres of the original 15-acre commercial site (CENTER VILLE - DISTRICT 0 J. 13 Application of ARAMARK EDUCATIONAL RESOURCES, INC. t/a CHILDREN'S WORLD LEARNING CENTERS for a Change of Zoning District Classificationfrom Conditional 0-2 Office District to Conditional 0-2 Office District with modified proffers on the North side of Ferrell Parkway, 70feet more or less East of the intersection of Ferrell Parkway and McComas Way, containing 3.011 acres (PRINCESS ANNE- DISTRICT 7). J. 14 Ordinance to AMEND the Comprehensive Plan Appendix re DESIGN GUIDELINES for large retail establishments. Item J. 3. will be DEFERRED, BY CONSENT, until the City Council Session of June 13, 2000. Item J. 4. will be APPROVED, BY CONSENT, with Amended Condition #1. Councilman Harrison will ABSTAIN on Item Jl l, as his law firm represents the applicant. Item d. 14 will be DEFERRED INDEFINITELY, BY CONSENT. March 14, 2000 - 12- CITY COUNCIL COMMENTS ITEM # 46367 1:05 P,M, Vice Mayor Sessoms referenced the City Marina in the vicinity of Chic's Restaurant. Vice Mayor Sessoms requested the City Manager provide information on commitments relative a lease for the operation. There appears to be a wonderful opportunity for that piece of property to be a major income producer for the City, perhaps even be soM to the private sector. Vice Mayor Sessoms requested research relative the availability of this property. This old marina is a major "eyesore ". The Galloway Development in this vicinity is going to be fabulous. Councilman Harrison advised the Shore Drive Advisory Commission did review this property as possibly being a catalyst for further redevelopment along this Corridor. If the neighboring landowners will be upgrading their properties, the City might wish to complement these efforts. A promenade was discussed all the way around the Duck Inn and underneath the bridge. The problem which arose was the land ownerships west of the City Marina as you go toward the Duck lnn property, get very bifurcated. There are land owners with long term leases and it will be very difficult to offer incentives without a Redevelopment Authority to make this area come together. The City Manager shall prepare information. ITEM # 46368 Council Lady Parker referenced the information faxed to City Council relative the "big boxes". On November 9, 1999, City Council DEFERRED INDEFINITELY a Resolution, proposed by Council Lady McClanan, to refer to the Planning Commission proposed .4mendments and a new Section to the City Zoning Ordinance (CZO) re certain large retail developments: Section 111 Section 901 Section 1511 Section 1521 re definitions re use regulations in Business Districts re use regulations in RT-2 District re use regulations in RT-3 District A Committee was appointed with City Council Liaisons concerning development of large retail developments. A set of design guidelines are being developed, but do not answer the bigger question if any property already zoned B-2 is an appropriate site for a big box retailer? Robert Scott, Director of Planning, had very insightful thoughts on these "big boxes" whether they are or are not a "redevelopment tool" and their impact on the immediate area as well as the surrounding area. CounciI Lady Parker inquired whether City Council would wish to move to the next level and require a conditional use permit for retail establishments 80,000 square feet or over. Council Lady McClanan believed it unfair to request applicants such as exemplified by the recent vote on the Collette (Lowe's) application to adhere to certain guidelines and then City Council DENY the application. The part which disturbs her is the effect on small business. Council Lady McClanan is not sure she wishes all these "big boxes" throughout the City. Mayor Oberndorf said as the City witnesses the "big boxes" which are closing in Norfolk and Newport News, the reality is it can happen even at the Beach. What can be done with these huge empty boxes? There are many issues which must be examined. Mayor Oberndorf referenced the possibility of an Ordinance whereby these "big boxes" could be torn down if vacant for a certain period of time. Mayor Oberndorf referenced Mr. Scott's position relative the Lowe's application as this would not be a good precedent. The other "big boxes" which have not been mentioned are the huge drugstores being built on "four corners" at almost every intersection. Council Lady Parker requested discussion during the Formal Session. March 14, 2000 - 13- CITY COUNCIL COMMENTS ITEM # 46369 Mayor Oberndorf distributed a copy of correspondence forwarded to her and the City Manager. Said copy is hereby made a part of the record. ,4 reply to this letter was distributed for City Council's consideration. The City Council has requested the staff respond to the citizens' Frequently Asked Questions. This has been challenged. Mayor Oberndorf requested the City Council review and requested their comments. Councilman Weeks, Robert Dean and Wally Erb wrote to request the City immediately discontinue its "blatantly political issue ads that the Public Information Office is thinly disguising as alleged F,,IQs". Vice Mayor Sessoms said the correspondence was "not worth a response ". Councilman Harrison advised during the RETREAT, which Councilman Weeks did not attend, one of the major goals was to authorize the City Manager and staff to better communicate with the citizens. March 14, 2000 - 14- ITEM # 463 70 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall BuiMing, on Tuesday, March 14, 2000, at 1:05 P.M. Council Members Present: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: Linwood 0. Branch, III March 14, 2000 - 15- ITEM # 463 ?1 Mayor Meyera E. Oberndorf, entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). Boards and Commissions: Board of Building Code Appeals Francis Land House Board of Governors Health Services Advisory Board Virginia Beach Crime Task Force Wetlands Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held real property, for discussion in an open meeting which would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.1-344(A)(3). L ynnhaven District Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into CLOSED SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III March 14, 2000 - 16- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 14, 2000 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 14, 2000, at 2:00 P.M. Council Members Present: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: Linwood O. Branch, III IA WAITING BIRTH OF CHILD] INVOCATION: Reverend Stanley W. Sawyer All Saints Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 4, 2000, is hereby made a part of the record. March 14, 2000 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# 46371, Page 15, 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 Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) °nly public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. City Clerk March 14, 2000 - 18- Item V-F. MINUTES ITEM # 463 73 Upon motion by Council Lady Parker, seconded by Council Lady Eure, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of March 7, 2000. Voting: 8-0 Council Members Voting Aye: John A. Baum, Margaret L. Eure, Barbara M. Henley, Louis R. done& Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Abstaining: William W. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Linwood O. Branch, III Vice Mayor Sessoms and Councilman Harrison ABSTAINED, as they were not in attendance during the City Council Session of March 7, 2000. March 14, 2000 Item V-G. ADOPT AGENDA FOR FORMAL SESSION - 19- ITEM # 463 74 B Y CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 14, 2000 - 20- Item V-H. 1. PUBLIC HEARING ITEM # 463 75 ADD-ON VOTING PRECINCT and POLLING PLACE Great Neck Precinct ~ All Saints Episcopal Church Seatack Precinct, (formerly known as Seatack Elemental. School) now known as Virginia Beach Law Enforcement Training Academy There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. March 14, 2000 - 21 - Item V-I ORD INANCES/RES OL UTI ON ITEM # 463 76 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED IN ONE MOTION, 1 (AS AMENDED), 2, 3, 4 and 5 of the CONSENTAGENDA. Item 1 was AMENDED to ADD Seatack Precinct, (formerly known as Seatack Elementary School) now known as Virginia Beach Law Enforcement Training Academy Voting: 10-0 Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III March 14, 2000 - 22 - Item V-I. 1. ORDINANCES/RESOL UTION ITEM # 463 77 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED, AS AMENDED (ADDING SEATACK PRECINCT): Ordinances to AMEND Section I0-1 of the City Code re polling places : a. Great Neck Precinct from Francis Asbury United Methodist Church to All Saints Episcopal Church. Seatack Precinct, (formerly known as School) now known as Virginia Beach Training Academy. Seatack Elementary Law Enforcement Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, IlL March 14, 2000 AN ORDINANCE RATIFYING THE CHANGE OF THE GREAT NECK PRECINCT POLLING PLACE TO ALL SAINTS EPISCOPAL CHURCH, AMENDING THE CITY CODE ACCORDINGLY, AND CHANGING THE POLLING PLACE OF THE SEATACK PRECINCT FROM SEATACK ELEMENTARY SCHOOL TO THE VIRGINIA BEACH LAW ENFORCEMENT TRAINING ACADEMY SECTION AMENDED: § 10-1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 WHEREAS, on February 22, 2000, the City Council adopted, on an emergency basis, an ordinance that designated All Saints Episcopal Church as the Great Neck precinct polling place after learning that the present polling place, Francis Asbury United Methodist Church, would not be available; WHEREAS, to ensure compliance with state law requirements concerning notice of changes in polling places, the City Council has elected to ratify its action of February 22, 2000, by advertising and re-enacting its designation of All Saints Episcopal Church as the Great Neck polling place; and WHEREAS, it is also necessary to change the polling place of the Seatack precinct from Seatack Elementary School to the Virginia Beach Law Enforcement Training Academy since voters in the Seatack precinct will continue to vote at the old Seatack Elementary School, whose name is being changed, and not at the new Seatack Elementary School, which is scheduled to open on March 20, 2000. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby ratifies its February 22, 2000, designation of All Saints Episcopal Church as the Great Neck polling place. BE IT FURTHER ORDAINED: That Section 10-1 of the reordained to read as follows: City Code is hereby amended and 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 Sec. 10-1. Establishment of precincts and polling places. There are hereby established in the city the following precincts and their respective polling places, as set forth below: Precinct Alanton Aragona Arrowhead Baker Bayside Bellamy Blackwater Bonney Brandon Cape Henry Capps Shop Centerville Chesapeake Beach College Park Colonial Courthouse Creeds Culver Dahlia Davis Corner Eastern Shore Fairfield Forest Glenwood Polling Place Alanton Elementary School Bayside Elementary School Arrowhead Elementary School Heritage United Methodist Church Diamond Springs Baptist Church Indian Lakes Elementary School Blackwater Fire Station Center for Effective Learning Brandon Middle School Research and Enlightenment Building (Edgar Cayce Library) P.A. Mosquito Control Building Centerville Elementary School Bayside Baptist Church College Park Elementary School Colonial Baptist Church Courthouse Fire Station Creeds Fire Station Ocean Lakes High School Green Run High School Berrie F. Williams Elementary School Eastern Shore Chapel Fairfield Elementary School Kings Grant Elementary School Glenwood Elementary School 2 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Great Neck Green Run Hilltop Holland Homestead Hunt Kings Grant Kingston Lake Smith Landstown Larkspur Linkhorn Little Neck London Bridge Lynnhaven Magic Hollow Malibu Meadows Mt. Trashmore North Beach Ocean Lakes Ocean Park Oceana Old Donation Pembroke Plaza Point O'View Providence Red Wing Ail Saints Episcopal Church Green Run Elementary School Good Shepherd Lutheran Church Holland Elementary School Providence Presbyterian Church Princes__~s Anne Recreation Center St. Nicholas Catholic Church Kingston Elementary School Bayside Church of Christ Landstown Community Church St. Andrews United Methodist Church Virginia Beach Community Chapel St. Aidan's Episcopal Church London Bridge Baptist Church Grace Bible Church Roma Lodge No. 254 Malibu Elementary School Pembroke Meadows Elementary School Windsor Woods Elementary School Galilee Episcopal Church Ocean Lakes Elementary School Bayside Christian Church Scott Memorial United Methodist Church Old Donation Center for Gifted Pembroke Elementary School Lynnhaven Elementary School Kempsville Church of Christ Kempsville Recreation Center Fire Training Center 3 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 Rosemont Forest Roundhill Rudee Salem Seatack Shannon Shell Sherry Park Sigma South Beach Stratford Chase Strawbridge Thalia Thoroughgood Timberlake Trantwood Windsor Oaks Witchduck Wolfsnare Woodstock Central Absentee Voter Precinct Rosemont Forest Elementary School Salem Middle School Virginia Beach Volunteer Rescue Squad Building Salem United Methodist Church Virginia Beach Law Enforcement Traininq Academy Church of the Ascension Unity Church of Tidewater St. Matthews Catholic Church St. John the Apostle Catholic Church Contemporary Art Center of Virginia Providence Elementary School Strawbridge Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church Windsor Oaks Elementary School Bayside Presbyterian Church Virginia Beach Christian Life Center Avalon Church of Christ Agriculture/Voter Registrar Building 117 118 Adopted by the City Council of the City of Virginia Beach, Virginia, on this /~ day of ./~.~3%4~ , 2000. CA-7613 DATA/ODIN/PROPOSED/10-1revord.wpd R5 - March 14, 2000 APPROVED AS TO CONTENTS: Department of Law APPROVED AS LEGAL SUFFICIENCY: D~artment of Law - 23 - Item V-I.2. ORDINANCES/RESOL UTION ITEM # 46378 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to APPROPRIATE $2,160,3 74 to fully fund the Comprehensive Services Act (CSA) Special Revenue Fund (estimated federal funds of $160, 000 and state funds of $1, 755,3 74), TRANSFER $1,350,000 re services for emotionally troubled youth; and direct the City Clerk to make permanent record of the CSA report. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III. March 14, 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO FULLY FUND REQUIRED SERVICES UNDER THE COMPREHENSIVE SERVICES ACT BY APPROPRIATING $2,160,374 TO THE FY 1999-00 OPERATING BUDGET OF THE COMPREHENSIVE SERVICES ACT SPECIAL REVENUE FUND AND AUTHORIZING THE CITY MANAGER TO TRANSFER UP TO $1,350,000 FROMUNENCUMBERED GENEP~AL FUND APPROPRIATIONS TO THE COMPREHENSIVE SERVICES ACT SPECIAL REVENUE FUND WHEREAS, the Comprehensive Services Act ("CSA") Fund 16 provides for services for emotionally troubled youth; 17 WHEREAS, uncontrollable trends have created a deficit in 18 this Fund; and 19 WHEREAS, to remedy this deficit, the City will seek a 20 supplemental appropriation for a portion of the expenditure 21 overages, appropriate monies from the CSA Special Revenue Fund, 22 fund balance, appropriate additional Medicaid funds, and absorb the 23 remaining shortage by authorizing the City Manager to transfer 24 appropriations. 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 26 CITY OF VIRGINIA BEACH, VIRGINIA: 27 (1) That $2,160,374 hereby appropriated to the FY 1999-00 28 Operating Budget of the CSA Special Revenue Fund for the purpose of 29 fully funding required services for FY 1999-00. 3O (2) That the sources of funding for this appropriation of 31 $2,160,374 consist of $1,755,374 in estimated revenue from the 32 Commonwealth of Virginia, $160,000 in estimated revenue from the 33 federal government and $245,000 of fund balance in the CSA Special 34 Revenue Fund. 35 36 (3) That the City Manager is hereby authorized and directed to transfer funds not to exceed the amount of $1,350,000 37 from unencumbered existing General Fund appropriations to the 38 Comprehensive Services Act Special Revenue Fund for the specific 39 purpose of fully funding required Comprehensive Services Act 40 services for FY 1999-00. Once this transfer is accomplished, the 41 City Manager is further directed to report to the City Council the 42 sources and amounts of all funds transferred pursuant to this 43 ordinance. Furthermore, the City Manager shall provide a copy of 44 this report to the City Clerk, who shall file it with the records 45 of the City Council. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of March , 2000. Requires an affirmative vote by a majority of the members of City Council. CA7620 DATA/ORDIN/NONCODE/CSA.ORD MARCH 7, 2000 R4 APPROVED AS TO CONTENT Walter C. Kraemer.~' Department of Management Services APPROVED AS TO LEGAL SUFFICIENCY - 24 - Item VJ. 3. ORDINANCES/RESOLUTION ITEM # 46379 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance re Community Services Board (CSB), Mental Health/Mental Retardation: APPROPRIATE $185,000 to the Beach House APPROPRIATE $316, 901 special revenue fund TRANSFER $162, 070 re Skill Quest Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III. March 14, 2000 1 2 3 4 5 6 7 8 AN ORDINANCE TO APPROPRIATE $501,901 FROM THE FUND BALANCE OF THE MENTAL HEALTH/MENTAL RETARDATION SPECIAL REVENUE FUND TO PROJECT #3- 011 BEACH HOUSE ACQUISITION AND REHABILITATION AND PROJECT #3-012 SKILLQUEST ACQUISITION AND REHABILITATION, AND TRANSFER $162,070 FROM THE FY 2000 OPERATING BUDGET OF THE COMMUNITY SERVICES BOARD TO PROJECT #3-012 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 WHEREAS, the Community Services Board has two active CIP projects, #3-011 Beach House Acquisition and Rehabilitation, and #3-012 SkillQuest Acquisition and Rehabilitation, with both designed to purchase and renovate existing rental facilities utilized for adult mental retardation services; WHEREAS, while the current Capital Improvement Program has appropriated funds in FY 1999-2000 for the purchase of the properties, funds for renovations, furniture, and equipment will not become available until July 1, 2000 subject to approval of additional funds in the FY 2000-01 CIP by City Council; WHEREAS, in order to complete the project by January 2001 which would allow the selling of the existing Wildwood site, it is necessary to advance funding totaling $663,971 to the projects with the funds to come from the operating budget and from the fund balance of the Mental Health and Mental Retardation Special Revenue Fund; WHEREAS, any balances remaining in the project accounts upon project completions should be returned to the fund balance of the Mental Health and Mental Retardation Special Revenue Fund up to the amount given to the projects. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $501,901 from the fund balance of the Mental Health/Mental Retardation Special Revenue Fund is hereby appropriated to the FY 2000 Capital Budget as set forth below: 34 35 36 37 38 39 40 41 (a) $185,000 to the Beach House project (CIP #3-011); and (b) $316,901 to the SkillQuest project (CIP #3-012). BE IT FURTHER ORDAINED: That $162,070 from the FY 2000 Operating Budget of the Community Services Board is hereby transferred to the SkillQuest project (CIP #3-012). Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of March , 2000. 42 43 44 45 CA7639 F:~Data~ATY~Ordin\NONCODE~Skillquest.Ord March 9, 2000 R-1 46 47 APPROVED AS TO CONTENT: 49 Management Se~ APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office - 25 - Item V-I. 4. ORDIN,4NCES/RESOL UTION ITEM # 46380 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ,4DOPTED: Ordinance to ,4 UTHORIZE temporary encroachment into a portion of the right-of-way of Seaview Avenue and Lookout Road (4500 Lookout Road) by Shirley J. and Robert FF. Lewis re existing concrete foundation, room addition, wooden fences and deck; authorize the City Manager to execute the agreement; and, this ordinance shall be effective only upon the signature of the City Manager and the applicant. The following conditions shall be required: The temporary encroachment shah terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. The applicant shah indemnify and hold harmless the City, its agents and employees from and against aH claims, damages, losses and expenses, including reasonable attorney's fees in case it shah be necessary to ftle or defend an action arising out of the location or existence of the temporary encroachment. Nothing herein contained shah be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 4. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. o The applicant shah obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and aH insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days'written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. 6. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachments are allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. March 14, 2000 - 26- Item V-I. 4. ORDINANCES/RESOLUTION ITEM # 46380 (Continued) Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III. March 14, 2000 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHTS-OF-WAY OF SEAVIEW AVENUE AND LOOKOUT ROAD BY ROBERT W. LEWIS AND SHIRLEY J. LEWIS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Robert W. Lewis and Shirley J. Lewis, husband and wife, desire to maintain an existing concrete foundation, room addition, wooden fences and deck within the City's rights-of-way of Seaview Avenue and Lookout Road. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the City's rights-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended Robert W. Lewis and Shirley J. Lewis, husband and wife, their heirs, assigns and successors in title are authorized to maintain a temporary encroachment for an existing concrete foundation, room addition, wooden fences and deck within the City's rights-of-way known as Seaview Avenue and Lookout Road as shown on the map entitled: "PHYSICAL SURVEY OF LOT 16. CHESAPEAKE TERRACE · 4500 LOOKOUT ROAD · VIRGINIA BEACH, VIRGINIA · FOR ROBERT W. LEWIS · DATE: 11-4-99 · SCALE: 1"=20','' a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description~ and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of 29 3O 31 32 33 34 35 36 37 Virginia Beach and Robert W. Lewis and Shirley J. Lewis, husband and wife, (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Robert W. Lewis and Shirley J. Lewis, husband and wife, and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of March ., 2000. 38 39 CA- PREPARED: 02/03/00 APPROVED AS TO CONTENTS //,.,- ,SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this /~J~'//day of tO qmev, , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and ROBERT W. I.EWIS AND SHIRLEY J. LEWIS, HUSBAND AND WIFE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITI.E, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 16, Section 2, Chesapeake Terrace" and being further designated and described as 4500 Lookout Road, Virginia Beach, Virginia 23464; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a 7' x 7' room addition, wooden fence and deck, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Seaview Avenue "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee GPIN 1570-61-9498 permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "Physical Survey of Lot 16, Chesapeake Terrace, 4500 Lookout Road, Virginia Beach, Virginia · for Robert W. Lewis · Date: 11-4-99 · Scale: 1" = 20'," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor 2 to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, ROBERT W. LEWIS AND SHIRLEY J. LEWIS, the said Grantee has caused this Agreement to be executed by their signatures and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST: By City Manager/Authorized Designee of the City Manager City Clerk Robert W. Lewis Shir~y Ji Lg/w~ 4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this __ ,19__, by OF THE CITY MANAGER. day of~ , CITY MANAGER/AUTHORIZED DESIGNEE My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this __ day of~ ,19__, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public 5 CITY/~ OF ~l~]ltl]8 ~, to-wit: The foregoing instrument was acknowledged before me this t..9- , by ROBERT W. LEWIS. My Commission Expires: /~/~//day of ~ STATE OF [fllj~'/,M,/.O CITY/~ OF ~g,'~/)~ ~'~'~. to-wit: The foregoing instrument was acknowledged before me this /4/'3t day of ~ Pooo /t/tg , 49-' , by SHIRLEY J. LEWIS. My Commission Expires: 6 APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY APPROVED AS TO CONTENT 7 WE HEREBY DECLARE THAT ON NOV. 3 Iqclcl WE SURVEYED THE PROPERTY SHOWN HEREON, THAT THE TITLE LINE; .A..N.D__TH.E WALLS OF THE BUILDIN¢ ,([. A~E AS SHOWN, THAT THE BUILDING(,' 'TANO STRICTLY WITHIN THE TITLE LINE~ AND THERE ARE NO ENCROAt,~MENTS OF OTHER BUILDINGS ON THE PRU~ERTY EXCEPT AS SHOWN, AND THAT THE PRINCIPLE STRUCTURES SHOWN APPEAR TO FALL WITHIN ZONE ~( , AS SHOWN ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RATE MAP FOR THE CITY STATED BELOW, COMMUNITY NO. S 15531 DATED I0.3 -'/0 AND LAST REVISED 12.5.el& · NO TITLE REPORT WAS FURNISHED TO THE SURVEYOR PRIOR TO THE EXECUTION OF THIS SURVEY. ENGINEERING SERVICES, INC. - BY: H~UIL - I. STORY LOOKOUT RO~I~ PH~/SIC&L SURVEY OF LOT 16 HF-$~PF_AKE T&RRh.¢~_ 4500 lOOKOUT RD/~D VIRGIKII~ BEAi:H,VIRGINI/~ FOP, ROEE. R'r' W. LEWIS eng neeP n sePv c · 3351 STONESHORE ROAD VIRGINIA BEACH VIRGINIA 23452 (757) 468-6800 SITE ~ke Jogce LOCATION SCALE : 1" -- 1,600' I II // PREPARED BY P/W ENG. DRAFT. 16-FEB--2000 -27- Item V-I.$. ORDINANCES/RESOL UTION ITEM # 46381 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolution to AUTHORIZE the third amended charter agreement of the Southeastern Job Training Administration (SVJTA) as related to the City's duties and responsibilities under the Workforce Investment Act (WIA). Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III. March 14, 2000 1 2 3 4 5 6 7 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDED CHARTER AGREEMENT OF THE SOUTHEASTERN VIRGINIA JOB TRAINING ADMINISTRATION AND TO CARRY OUT THE CITY'S DUTIES AND RESPONSIBILITIES UNDER THE WORKFORCE INVESTMENT ACT 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WHEREAS, by Charter Agreement dated July 1, 1974 ("Charter Agreement"), the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the Counties of Isle of Wight and Southhampton joined together to create the Southeastern Tidewater Area Manpower Authority, for the purpose of administering the Comprehensive Employment and Training Act of 1973; WHEREAS, the Charter Agreement was amended, effective October 1, 1983, to reflect, among other things, that programs previously administered under the Comprehensive Employment and Training Act of 1973 ("CETA") had been undertaken by the Job Training Partnership Act of 1982, the successor legislation to CETA; WHEREAS, the Charter Agreement was amended a second time, effective January 1, 1985, to change the name of the joint venture from the Southeastern Tidewater Area Manpower Authority to the Southeastern Virginia Job Training Administration ("SVJTA"); WHEREAS, in 1998, Congress adopted the Workforce Investment Act ("Act") to replace the Job Training Partnership Act; WHEREAS, pursuant to Section 116 of the Act, the Governor has designated workforce development areas within the State, including the South Hampton Roads area, to implement the provisions of the Act therein; WHEREAS, the Act, and State regulations adopted by the Governor pursuant to the Act, allows the jurisdictions within a workforce development area to enter into a "consortium agreement" for purposes of defining their roles and relationships in administering their duties and responsibilities under the Act; WHEREAS, the Act requires the chief local elected official (or his/her designee)of a participating jurisdiction to perform certain duties; and 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 WHEREAS, the existing Charter Agreement, which constitutes a "consortium agreement" for purposes of the Act, must be amended a third time to make it consistent with applicable provisions of the Act. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Mayor is hereby authorized to execute, on behalf of the City of Virginia Beach, the "Third Amended Charter Agreement of the Southeastern Virginia Job Training Administration," a copy of which is attached hereto as Exhibit A and incorporated by reference. 2. That the Mayor is hereby further authorized, on behalf of the City of Virginia Beach, to take any and all actions necessary to carry out the City's duties and responsibilities under the Workforce Investment Act. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of March , 2000. CA-7624 ORDIN~NONCODE~SVJTA.RES 03/07/2000 R4 Approved As To Content: City Manager's Office Approved As To Legal Sufficiency: L~t~ney's Office THIRD AMENDED CHARTER AGREEMENT OF THE SOUTHEASTERN VIRGINIA JOB TRAINING ADMINSTRATION Whereas, effective July 1, 1974, the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the Counties of Isle of Wight and Southampton did join together to create the Southeastern Virginia Job Training Administration (SVJTA) as a joint venture, and Whereas, the participating jurisdictions did effective October 1, 1983, amend the Charter of the Southeastern Virginia Job Training Administration in certain respects, and Whereas, the participating jurisdictions did effective January 1, 1995, further amend the Charter of the.Southeastern Virginia Job Training Administration in certain respects, and Whereas, the participating jurisdictions do hereby desire to amend the Charter of the Southeastern Virginia Job Training Administration consistent with the applicable provisions of the Workforce Investment Act (WIA) and reaffirm it in all other respects as follows: THIS THIRD AMENDED CHARTER AGREEMENT is made this first day of January, 2000 by and between the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the Counties of Isle of Wight and Southampton, pursuant to the authority granted by Section 15.2-1300 of the Code of Virginia, 1950, as amended. NOW, THEREFORE, it is mutually agreed as follows: 1. That participating jurisdictions did join together effective July 1, 1974, to create the Southeastern Virginia Job Training Administration (SVJTA), a joint venture between the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach and the Counties of Isle of Wight and Southampton, and do desire to amend that Charter in the limited respect contained below. 2. The Southeastern Virginia Job Training Administration shall exist, subject to dissolution by agreement of the governing bodies of the participating jurisdictions. 3. The Southeastern Virginia Job Training Administration shall have for its purpose the provisions of workforce development services in accordance with the provisions of the Job Training Partnership Act of 1982, as amended, and the Workforce Investment Act of 1998 or any legislation of similar import and shall serve as the grant receipient. 4. The Southeastern Virginia Job Training Administration shall be governed by a Policy Council consisting of the Chief Elected Official of each participating jurisdiction or their designee. 5. The Policy Council shall meet at least quarterly. 6. The Policy Council is hereby authorized and empowered: (a) To adopt By-Laws for the regulation of its affairs and the conduct of SVJTA business; (b) To maintain an office at such place or places as it may designate; (c) To sue and be sued; (d) To accept grants and gifts from the participating jurisdictions, the Commonwealth of Virginia, the Federal government or any other governmental bodies or political subdivision, and from any unit, private corporation, copartnership, association or individual; (e) To enter into contracts with the Federal government, the Commonwealth of Virginia, any political subdivision, or any agency or instrumentality thereof, or with any unit, private corporation, private industry council, workforce investment board, copartnership, association, or individual providing for or relating to the furnishing of workforce development or related services; (f) To employ such staff as may be deemed necessary, and to prescribe their powers and duties and fix their compensation; (g) To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers hereunder, except contracts or agreements for the borrowing of money for which the express written consent of each participating jurisdiction must be obtained; (h) To do all acts and things necessary or convenient to carry out its purposes, consistent with the provisions of the Job Training Partnership Act of 1982, as amended, and the Workforce Investment Act of 1998 or any legislation of similar import. 7. The Southeastern Virginia Job Training Administration shall be financed by State and/or Federal grants and by such contributions by the entities and individuals identified in section 6(d) above. 8. The fiduciary liability for SVJTA grant funds shall be vested in the SVJTA jurisdictions on a weighted basis proportionate to the percent the actual utilization of workforce development services by individual municipality participants is to the total funding utilization of all participating jurisdictions, in the fiscal year pertaining to any such liability. The percentage shall be determiner by using as a numerator the number of participants served residing in a particular jurisdiction. The denominator shall be the total participants served during such fiscal year from all SVJTA jurisdictions. 9. Any participating jurisdiction may withdraw from this agreement as of the last day of June in any year, provided it gives written notice thereof to the Policy Council prior to the first day of March preceding the date of withdrawal. 10. Upon dissolution of the Southeastern Virginia Job Training Administration, all of its assets and property shall be disposed of as determined by the Policy Council in accord with applicable rules and regulations. 11. All real and personal property shall be acquired, and held in the name of Southeastern Virginia Job Training Administration and disposed of by the Policy Council in accordance with applicable rules and regulations, as well as those rules and regulations adopted and promulgated thereby. IN WITNESS WHEREOF, parties hereunto have set their signatures and seals as of the day and year first written above. CITY OF VIRGINIA BEACH MAYOR DATE ATTEST: CITY CLERK Item V-J. - 28 - ITEM # 463#2 PLANNING 1. JOHNH. KUREK Z SANDRA MARIE MA WYER 3. GALE LEVINE 4. CROWN COMMUNICATIONS 5. HAMPTONROADS JUNIOR GOLF FOUNDATION 6. WA WA, INC., A PENNSYLVANIA CORPORATION 7. ROBERT STEINHILBER and HERBERT A. CULPEPPER 8. CHRISTOPHER T. ETTEL/ W.B. CONTRACTORS, INC. 9. GEORGE BAYLOR AND JENNIE DOZIER CASON 10. CORNELIUS F. BOYNTON, JR., ANTONINA BOYNTON, LOPE B. PILE AND MERCY PILE 11. CC, LLC d/b/a ZOOTS 12. LEE AND DENISE BARNES 13. ARAMARK ED UCA TIONAL RESOURCES, INC. T/A CHILDREN'S WORLD LEARNING CENTERS 14. AMEND COMPREHENSIVE PLAN APPENDIX CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT VARIANCE And CONDITIONAL USE PERMIT VARIANCE VARIANCE STREET CLOSURE And CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING RECONSIDERATION AND MODIFICATION OF PROFFERS (Approved 7/1/97 COZ) CONDITIONAL CHANGE OF ZONING WITH MODIFIED PROFFERS DESIGN GUIDELINES Large Retail Establishments March 14, 2000 - 29- Item V-J. PLANNING ITEM # 46383 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City CounciI APPROVED in ONE MOTION Items 3 (DEFERRED), 4 (AMENDED), 5, 6, 8, 9, 10, 11, 12, 13 and 14 (DEFERRED INDEFINITELY), of the PLANNING B Y CONSENT. Item 3 was DEFERRED, BY CONSENT, until the City Council Session of June 13, 2000. Item 4 was APPROVED, with AMENDED CONDITION 1. Item 14 was DEFERRED INDEFINITELY, BY CONSENT. Voting: 1 O- 0 Council Members Voting Aye: John A. Baum, Margaret L. Eure, William ~. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, ,Ir. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III Councilman Harrison ABSTAINED on J. 11. (CC, LLC d/b/a ZOOTS) as his law firm represents the land owner. March 14, 2000 - 30- Item V-J. 1. PLANNING ITEM # 46384 The following registered in SUPPORT: John H. Kurek, 825 Lord Leighton Drive, Phone: 481-2966, the applicant, presented petition in SUPPORT of his application. Said petition is hereby made a part of the record. Mary Walker, 837 Lord Leighton Drive, Phone: 481-1167 Silvia Fitzgerald, 800 Duke of Suffolk Drive, Phone: 496-1000 John McGovern, 829 Lord Leighton Drive Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of JOHN H, KUREK for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JOHN H. KUREK FOR A CONDITIONAL USE PERMIT FOR A RESIDENTIAL KENNEL R03003024 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of John H. Kurek for a Conditional Use Permit for a residential kennel on Lot 1, Block K, Wellington Woods (GPIN #2408-10-6895). Said parcel is located at 825 Lord Leighton Drive and contains 22, 500 square feet. LYNNHA VEN- DISTRICT 5 This Conditional Use Permit is only for John Kurek. It shall not run with the land. The following conditions shall be require& No more than seven adult dogs (over six months of age) shall be kept on the property at any time. No breeding, grooming, or boarding of any other dogs for monetary or non-monetary purposes shall be permitted. A minimum three-footplanting bed shall be installed on the south side of the pen extending three feet beyond the fence to the east and west. The bed shall be consistent with C.P.B.A. Planting Bed #1 is available at the Planning Department's Development Services Center. 3. Approval is subject to ANNUAL review; if no complaints are received, administrative approval will be granted. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of March, Two Thousand Voting: 10-0 Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III March 14, 2000 - 31 - Item V-J.2. PLANNING ITEM # 46385 The following registered in SUPPORT: Ralph Mawyer/Sandra Mawyer, 3464 Old Carolina Road, Phone: 421-7708, the applicant Sue Shafer, 776 Pinebrook Lane, friend for 18 years. Reverend Kevin Milcarek, Back Bay Christian Assembly, 2138 Grey Fox Lane, Phone: 430-2 702. Reverend Milcarek is the applicants 'pastor and has one of their puppies. The following registered in OPPOSITION: John Purnell, 3444 OM Carolina Road, Phone: 431-4305, adjacent resident and advised ora serious situation with his dog contacting a "kennel borne disease ". Upon motion by Councilman Baum, seconded by Council Lady Henley, City Council ADOPTED an Ordinance upon application of SANDRA MARIE MA WYER for a Conditional Use Permit: ORDINANCE UPONAPPLICATION OF SANDRA MARIE MA WYER FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL KENNEL R03003025 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Sandra Marie Mawyer for a Conditional Use Permit for a commercial kennel on the north side of Old Carolina Lane, west of Blackwater Road (GPIN #1389-39-1691). Said parcel is located at 3464 Old Carolina Road and contains 5.282 acres. PRINCESS ANNE- DISTRICT 7. The following condition shall be required: 1. No more than 40 adult dogs (over six months of age) shah be permitted on the property at any time. This Ordinance shah be effective in accordance with Section 107 (1) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of March, Two Thousand Voting: 8-2 Council Members Voting Aye: John A. Baum, Margaret L. Eure, William ~. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan and A. M. "Don" Weeks Council Members Absent: Linwood O. Branch, III March 14, 2000 - 32 - Item V-J. 3. PLANNING ITEM # 46386 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council DEFERRED until the City Council Session of June 13, 2000, Ordinance upon application of GALE LEVINE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF GALE LEVINE FOR A CONDITIONAL USE PERMIT FOR BOAT STORAGE Ordinance upon application of Gale Levine for a Conditional Use Permit for boat storage on the east side of North Great Neck Road, south of Lynnhaven Drive (GPIN #1499-05-7413). Said parcel is located at 2100 Marina Shores Drive and contains 12.4146 acres. LYNNHAVEN- DISTRICT 5 Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III March 14, 2000 - 33- Item V-J. 4. PLANNING ITEM # 4638 7 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon Application of CROWN COMMUNICATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CROWN COMMUNICATION FOR A CONDITIONAL USE PERMIT FOR A 150-foot MONOPOLE R03003026 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Crown Communication for a Conditional Use Permit for a 150-foot monopole on certain property located on the North side of Heffington Drive, West of North Landing Road (GPIN #1483- 63-0099). Said parcel is located at 3308 Heffington Drive and contains 4.903 acres. DISTRICT 7- PRINCESS ANNE. The following conditions shall be required: The tower shall be developed as a standard gray colored monopole. If, however, the applicant is required by the Federal Aviation Administration to paint the proposed tower, a continuous row of Le¥land Cypress trees shall be planted around the entire tower compound. The required trees shall be planted 10'-12' on center and shall be a minimum of l2 feet in height at the time of planting. Lighting of the tower will be consistent with F.A.A. guidelines, however if possible, upward directed strobe liehting shall be used. Except where necessary to establish the tower, the compound area and landscaping around the compound, no trees shah be removed from the leased area identified on the plan. Construction plans submitted for this project must providefor tree protection in the area located between the fenced compound and the northern and western property lines of the site. The project must be developed in conformance with the submitted site plan entitled "North Landing Electric "prepared by Lewis White and Associates, dated January 1, 2000. The plan shall be modified to depict antenna arrays for future users. 4. In the event that the tower is not used for a period of one year, it must be removed at the tower owner's expense. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of March, Two Thousand Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, ,Ir. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood 0. Branch, III March 14, 2000 - 34- Item V-J. 5. PLANNING ITEM # 46388 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application of HAMPTON ROADS JUNIOR GOLF FOUNDATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF HAMPTON ROADS JUNIOR GOLF FOUNDATION FOR A CONDITIONAL USE PERMIT FOR A GOLF CO URSE R03003027 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Hampton Roads Junior Golf Foundation for a Conditional Use Permit for a golf course on certainproperty located on the east side of Princess Anne Road beginning at a point 1570feet more or less south of Winterberry Lane (GPIN #1494-34-1160). Said parcel contains 40 acres more or less. PRINCESS ANNE- DISTRICT 7. The following conditions shall be required: The architectural design of the clubhouse shouM substantially adhere to that depicted on the submitted elevation drawing, entitled, "The First Tee, Clubhouse 4000," by Prato, Lane & Hermann Architects, P.A., "which is on file in the Department of Planning. The design of any necessary roadway improvements must substantially adhere to the design of the existing access roadway for the TPC of Virginia Beach. The "Golf Course Development Guidelines, "as provided in the Comprehensive Plan(p.252), shouM be adhered to the greatest extent practicable. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of March, Two Thousand Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III March 14, 2000 - 35- Item V-J. 6. PLANNING ITEM # 46389 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application of WA WA, INC., a Pennsylvania Corporation for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WA WA, INC., A PENNSYLVANIA CORPORA TION FOR A CONDITIONAL USE PERMIT FOR GASOLINE SALES IN CONJUNCTION WITH A CONVENIENCE AND CARRY-OUT FOOD STORE R03003028 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wawa, Inc., a Pennsylvania Corporation for a Conditional Use Permit for gasoline sales in conjunction with a convenience and carry-out food store at the northwest corner of Shore Drive and Pleasure House Road (GPIN #1479-37-9650, #1479-47-1514). Said parcel is located at 4800 Shore Drive and contains 2.14 acres. BA YSIDE- DISTRICT 4. The following conditions shah be required: The site shah be developed in substantial accordance with the submitted site plan titled "WA WA STORE, Shore Drive and Pleasure House Road, Virginia Beach, Virginia, Site Plan O12700" prepared by W.P. Large, Inc., dated 27, January 2000. The street frontage landscape screening shall contain a mixture of live oak trees and red maple trees, as agreed upon by W.P. Large, Inc. and the Planning Department. 3. The applicant shah install a right "turnout" to the entrance on Shore Drive, as shown on the submitted site plan. The building and the canopies shall be constructed in substantial accordance with the submitted color rendering and the architectural elevations titled "WA WA FOOD MARKET, Shore Drive and Pleasure House Road, Virginia Beach, Virginia" prepared by Lynch Martinez Architects, dated 11 January 2000. The canopy roofs shall be slate gray, and the support columns shall be beige. 5. The applicant shah install a bicycle rack adjacent to the budding. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of March, Two Thousand Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III March 14, 2000 Item V-J. 7. PLANNING - 36- ITEM # 46390 Attorney Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8941, represented the applicant, distributed a proposed Deed of Easement to place on 82 acres of area at the bottom of subject property, a copy of restrictive deed restrictions and a copy ofapetition containing 101 signatures of residents in] Blackwater in SUPPORT of the application. Said application is hereby made a part of the record. Correspondence from Luther E. Gilbert, Jr., requesting the number of elevated walkways/docks be limited to a total of five to be located on lots 2 through 6. Proposed modification to condition 12 was distributed and is hereby made a part of the record. A MOTION was made by Council Lady Henley, seconded by Council Lady Parker to DEFER INDEFINITELY Ordinance upon applications of ROBERT STEINHILBER and HERBERT A. CULPEPPER for a Variance to Section 4.2(m)(1) of the Subdivision Ordinance which requires a minimum 30-foot pavement width for the proposed cul-de-sac re a proposed 26-foot pavement width and swales in lieu of curb and gutter to route stormwater runoff and a Conditional Use Permit. If the applicant decides to WITHDRA Vt' the Conditional Use Permit, then the City Council will at that time consider the variance request. A SUBSTITUTE MOTION was made by Councilman Harrison, seconded by Council Lady McClanan to APPROVE the application ofROBERTSTEINHILBER andHERBERTA. CULPEPPER for a Variance to Section 4.2(m)(1) of the Subdivision Ordinance which requires a minimum 30-foot pavement width for the proposed cul-de-sac and DEFER INDEFINITELY the Conditional Use Permit application: Voting: 3-7 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Margaret L. Eure, William W. Harrison, Jr. and Reba S. McClanan Council Members Voting Nay: John A. Baum, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: Linwood O. Branch, III March 14, 2000 Item V-J. 7. -37- PLANNING ITEM # 46390 (Continued) Council Lady Henley CALLED FOR THE QUESTION: ( 7 POSITIVE VOTES ARE REQUIRED TO CALL FOR THE QUESTION) Voting: 6-4 Council Members Voting Aye: John A. Baum, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Margaret L. Eure, William W. Harrison, Jr., Reba S. McClanan and A. M. "Don" Weeks Council Members Absent: Linwood O. Branch, III March 14, 2000 - 38- Item V-J. 7. PLANNING ITEM # 46390 (Continued) A 2"~ SUBSTITUTE MOTION was made by Councilman Harrison, seconded by Council Lady McClanan to APPROVE the application of ROBERT STEINHILBER and HERBERT A. CULPEPPER for a Variance to Section 4.2(m)(1) of the Subdivision Ordinance which requires a minimum 30-foot pavement width for the proposed cul-de-sac and ADOPT the Conditional Use Permit application: Voting: 4-7 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Margaret L. Eure, William W Harrison, Jr., Reba S. McClanan and A. M. "Don" Weeks Council Members Voting Nay: John A. Baum, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Linwood O. Branch, III March 14, 2000 Item V-J. 7. - 39 - PLANNING ITEM # 46390 (Continued) Upon motion by Council Lady Henley, seconded by Council Lady Parker, City Council DEFERRED INDEFINITELY Ordinance upon applications of ROBERT STEINHILBER and HERBERT A. CULPEPPER for a Variance to Section 4.2(m)(1) of the Subdivision Ordinance which requires a minimum 30-foot pavement width for the proposed cul-de-sac re a proposed 26-foot pavement width and swales in lieu of curb and gutter to route stormwater runoff and a Conditional Use Permit. If the applicant decides to WITHDRA IV the Conditional Use Permit, then the City Council will at that time consider the variance request. AND, Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, subdivision for Robert Steinhilber & Herbert A. Culpepper. Property is located at the southwest intersection of Blackwater Road and Blackwater Loop (GPIN #1389-72-5323; #1389- 71-5307; #1399-00-0478) PRINCESS ANNE- DISTRICT 7 ORDINANCE UPON APPLICATION OF ROBERT STEINHILBER & HERBERT A. CULPEPPER FOR A CONDITIONAL USE PERMIT FOR AN AL TERNATIVE RESIDENTIAL DEVELOPMENT Ordinance upon application ofRobert Steinhilber & Herbert A. Culpepper for a Conditional Use Permit for an alternative residential development on certain property located at the southwest intersection of Blackwater Road and Blackwater Loop (GPIN #1389- 72-5323; #1389- 71-5307; #1399- 00- 0478). Said parcel contains 301 acres. PRINCESS ANNE- DISTRICT 7. Voting: 9-1 Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, ,Ir. and A. 34. "Don" Weeks Council Members Voting Nay: Reba S. McClanan Council Members Absent: Linwood O. Branch, III March 14, 2000 - 40- Item V-J. 8. PLANNING ITEM # 46391 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED an application of CHRISTOPHER T. ETTEL/W.B. CONTRACTORS, INC. fora Variance to Section 4.4(b) of the Subdivision Ordinance, which requires that all newly created lots must meet all requirements of the City Zoning Ordinance (CZO): Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Christopher T. Ettel/W.B. Contractors, Inc. Property is located at 201 60th Street (GPIN #2419- 7106679). L YNNHA VEN - DISTRICT 5 The following condition shall be required: 1. There shall be only one (1) residential dwelling unit on each lot. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III March 14, 2000 - 41 - Item V-J. 9. PLANNING ITEM # 46;92 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED Application of GEORGE B,4YLOR and JENNIE DOZIER C,4$ON for a Variance to Section 4.4(b) of the Subdivision Ordinance, which requires that all newly created lots must meet requirements of the City Zoning Ordinance (¢ZO): Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for George Baylor & Jennie Dozier Cason. Property is located at 590 & 592 Princess Anne Road (GPIN #2308-98-3882). PRINCESS ANNE - DISTRICT 7 Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Margaret L. Eure, William Vd. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III March 14, 2000 Item V-J. 10. PLANNING - 42 - ITEM # 46393 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED Applications of CORNELIUS F. & ANTONINA BOYNTON, LOPE B.& ItIERCY PILE for the Discontinuance, closure and abandonment of a portion of Jersey Avenue and a Conditional Use Permit: Ordinance upon application of Cornelius F. Boynton, Jr., Antonina Boynton, Lope B. Pile and Mercy Pile for the discontinuance, closure and abandonment of a portion of Jersey Avenue beginning at its northern terminus and running in a northerly direction to the southern boundary of Virginia Beach Boulevard. Said parcel is variable in width and contains 5607 square feet. KEMPSVILLE - DISTRICT 2. The following conditions shall be required: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to provide a drainage easement to the City of Virginia Beach over the entire property. The applicant is required to provide an easement to Virginia Natural Gas. The centerline of the easement will be determined by the actual location of the gas line. The applicant is required to verify that no other private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no other private utilities, other than natural gas lines, within the right-of-way proposed for closure. If other private utilities do exist, easements satisfactory to the utility company, must be provided. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If not, the approval will be considered null and void. AND, ORDINANCE UPON APPLICA TION OF CORNELIUS F. BO YNTON, JR., ANTONINA BOYNTON, LOPE B. PILE AND MERCY PILE FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE SALES AND SER VICE R03003028 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Cornelius F. Boynton, Jr., Antonia Boynton, Lope B. Pile and Mercy Pile for a Conditional Use Permit for automobile sales and service at the southeast corner of Virginia Beach Boulevard and N. Witchduck Road (GPIN #1467-85-6657). Saidparcel is located at 5085 Virginia Beach Boulevard and contains 21,667 square feet. KEMPSVILE DISTRICT 2 March 14, 2000 Item V-J. IO. PLANNING - 43 - ITEM # 46393 (Continued) The following conditions shall be required: 1. No more than 40 vehicles shall be permitted for display on the property. Landscaping shall be installed as shown on the submitted site plan entitled "Revised Site Development Plan for C. U.P., Charlie Falk's Auto Wholesalers," dated 9-1-99, which has been exhibited to the City Council and is on file with the Planning Department. 3. The two entrances on Witchduck Road shall be replaced with one entrance as depicted on the site plan referenced above. The building shall be constructed as shown on the submitted elevations entitled "Charlie Falk's Auto Wholesalers, "dated 5- 12-99, and colors and building materials shall be as depicted in the submitted photograph, both of which have been exhibited to the City Council and are on file with the Planning Department. 5. All auto repair must take place inside the building. No outside storage of equipment, parts or materials shall be permitted. 6. All lighting shall be directed toward the interior of the site. 7. No cars shall be located, parked or displayed within the public right-of-way. 8. No outdoor speaker system is permitted. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of March, Two Thousand Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. 34. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III March 14, 2000 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS JERSEY AVENUE AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "EXHIBIT PLAT SHOWING A PORTION OF JERSEY AVENUE TO BE CLOSED ADJACENT TO LOTS 1 THRU 7, INCLUSIVE, BLOCK 25 AND LOTS 3 AND 4, BLOCK 26, EUCLID PLACE (M.B. 4, P. 63) VIRGINIA BEACH, VIRGINIA. WHEREAS, on March 14, 2000, Cornelius F. Boynton, Jr. and Antonina S. Boynton, husband and wife, and Lope B. Pile and Mercy B. Pile, husband and wife, applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before March 14, 2001; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before March 14, 2001: All that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as: Beginning at a point on the western right-of-way line of Jersey Avenue at its intersection with the line dividing Lot 7 and Lot 8, Block 25, Euclid Place (M.B. 4, P. 63); thence running along the western right-of-way line of Jersey Avenue N 00° 14' 55" W, 1.56 feet to a point, said point being the true point of beginning; thence continuing along the western right- of-way line of Jersey Avenue N 00° 14' 55" W, 155.67 feet to a point at its intersection with the southern right-of-way line of Virginia Beach Boulevard; thence mining and running along the southern right-of-way line of Virginia Beach Boulevard S 64° 34' 14" E, 55.93 feet to a point at its intersection with the eastern right-of-way line of Jersey Avenue; thence mining and running along the eastern right-of-way line of Jersey Avenue S 00° 08' 25" W, 93.50 feet to a point; thence mining and running along the arc of a curve to the left, having a radius of 38.00 feet, a distance of 71.64 feet to the point of beginning. Said property containing 0.129 acre, more or less. And further described as "PORTION OF JERSEY AVENUE TO BE CLOSED" · "AREA OF JERSEY AVENUE TO BE CLOSED = 5,607 SQUARE FEET/0.129 ACRE" as shown on that certain plat entitled "EXHIBIT PLAT SHOWING A PORTION OF JERSEY AVENUE GPIN: 1467-85-6657 & 1467-85-8624 TO BE CLOSED ADJACENT TO LOTS 1 THRU 7, INCLUSIVE, BLOCK 25 AND LOTS 3 AND 4, BLOCK 26, EUCLID PLACE (M.B. 4, P. 63) VIRGINIA BEACH, VIRGINIA SCALE: 1" =25'," dated August 3, 1999, and prepared by John E. Sirine and Associates, Ltd., which said plat is attached hereto as Exhibit SECTION II The following conditions must be met on or before March 14, 2001: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to provide a drainage easement to the City of Virginia Beach over the entire property. 4. The applicant is required to provide an easement to Virginia Natural Gas. The centerline of the easement will be determined by the actual location of the gas line. 5. The applicant is required to verify that no other private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no other private utilities, other than natural gas lines, within the right-of-way proposed for closure. If other private utilities do exist, easements satisfactory to the utility company must be provided. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If not, the approval will be considered null and void. If the applicant still desires to have the proposed street closed, a new application must be submitted to the Planning Department and approved again by City Council. SECTION III 1. If the preceding conditions are not fulfilled on or before March 14, 2001, the street closure application will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before March 14, 2001, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." day of AdoptedbytheCounciloftheCityofVirginia Beach, Virginia, on this March ., 2000. APPROVED AS TO LEGA~,..qI~FFICIENCY Law Department CA.7474 O8 30/99 O2'24/0O F Data ~s, TYXForms\Decds~STCLOSI-BWORKING~CA 7474.ord Item V-J. 11. PLANNING Upon motion by - 44 - ITEM # 46394 Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED Ordinance upon application of CC, LLC d/b/a ZOOTS for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF CC, LLC D/B/A ZOOTS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-1 TO CONDITIONAL B-IA Z03001161 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CC, LLC d/b/a Zoots for a Change of Zoning District Classification from 0-10fficeDistrict to Conditional B-1A Limited Community Business District at the northwest corner of Diamond Springs Road and Wesleyan Drive (GPIN #1468-35-7321). The proposed zoning classification change to B-IA is for low intensity commercial land use. The Comprehensive Plan recommends use of this parcel for retail, office and other compatible uses in accordance with other Plan policies. Said parcel is located at 925 Diamond Springs Road and contains 35, 693 square feet. BA YSIDE - DISTRICT 4. The following condition shall be require& Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 O0 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of March, Two Thousand Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Abstaining: William }K. Harrison, Jr. Council Members Absent: Linwood O. Branch, III Councilman Harrison ABSTAINED on J. 11. (CC, LLC d/b/a ZOOTS) as his law firm represents the land owner. March 14, 2000 AGREEMENT THIS AGREEMENT, made this ~ day of January, 2000 by and between MARY MOORE WILLIAMS AND JOHN G. WILLIAMS, husband and wife, the owners of a certain parcel of property located at 925 Diamond Springs Road, Virginia Beach, Virginia, which property is more fully described on Exhibit A attached hereto; and CC, LLC d/b/a Zoots;-the Contract Lessee of the property (hereinafter collectively referred to as "Grantors"); and the CITY OF VIRIGNIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereina~er referred to as ",Cn~antee"). WITNESSETH: WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so ha to change the classification from O-1 to B-lA Conditional on certain property which contains a total of 0.8914 acres, more or less, located in the Bayside Election District of the City of Virginia Beach, Virginia, more particularly described in the attached Exhibit A (hereinafter the "Property"); and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject'Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-IA are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-lA zoning district by Prepared by Mays & Valentine, L.L.P. 4425 Corporation Lane, Suite 420 Virginia Beach, VA. 23462 the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS,. said conditions having been proffered by the Grantors and allowed, and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrtunent recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of.compulsion of ~ for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these Proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors. their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 2 1. Any modifications to the existing structure on the Property shall substantially conform to those shown on that certain rendered building elevation of December 22, 1999, titled: "ZOOTS - DIAMOND SPRINGS BRANCH, DECEMBER 22, 1999, VIRGINIA BEACH, VIRGINIA", prepared by Bondurant Associates Engineering/Architecture, Portsmouth, Virginia, which elevation was exhibited to the City Council and is on file at the Planning Department. 2. The development of the Property shall substantially conform to that certain site plan of December 28, 1999, titled: "Preliminary Site Plan for Conditional Rezoning for Zoots Inc. GPIN: 1468-35-7321 Bayside District .4 - Virginia Beach, Virginia," prepared by engineering services inc, CiVil Engineering-Land Surveying, which site plan was exhibited to the City Council and is on file at the Planning Department. 3. The size and style of any signage on the Property shall substantially conform to that shown on the exhibit of December 21, 1999, titled: "Signage Exhibit for Zoots Facility, 925 Diamond Springs Road, Virginia Beach, Virginia," as prepared by East Coast Sign Advertising, which exhibit was exhibited to the City Council and is on file at the Planning Department. 4. Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the 3 issuance of any of the required building or occupancy, permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank] 4 MARY MOORE WILIAMS JOHN G. WILLIAMS By: ~(~~,,~..~~"~'~ EAL ) CC, LLC Name: 'T~ ,C't'astgt~u~ Title: CEo (SEAL) COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me thi~,9~y of January, 2000, by Mary Moore Williams and John G. Williams. My Commission Expires: Notary Public My Commission Expires: COMMONWEALTH OF VIRGINIA · CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~ day of January, 2000, on behalf of CC, LLC by ~'D~b ¥<agr~cxo , its ~,~[~(3 ~ Notary Public TRACY L ABEL Notery Public ~¥ Cemmission Expires '~m'~ ~ 20O6 99925 EXHIBIT A - LEGAL DESCRIPTION ALL TFL~T certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel C, containing 0.8914 AC., 38,830 SQ. FT., on a plat entitled, "SHEET 1 OF 2 SUBDIVISION OF PART OF PROPERTY OF JOHN G. & MARY M. WILLIAMS, made by W. P. Large, Inc., dated September 21, 1988", which said plat is duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 192, at Page 9 ; reference is hereby made to said plat for a more particular description of said property. - 45 - Item PLANNING ITEM # 46395 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council AUTHORIZED MODIFICATION WITH PROFFER, on the July 1, 1997, approved application of LEE and DENISE BARNES for a Change qf Zoning: Application of LEE and DENISE BARNES for a Change of Zoning from R- l O Residential to Conditional B-2 Business for Joseph Overholt, Trustee - Overholt Trust, at 1629 Salem Road (GPIN #1475-84-2959), containing 1.02 acres of the original 15 acre commercial site (CENTERVILLE - DISTRICT 1). Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III March 14, 2000 Hassell Lee Barnes, Jr. and Denise G. Barnes To: (Covenants and Restrictions) City of Virginia Beach, A Municipal Corporation of the Commonwealth of Virginia THIS AGREEMENT, made the 14~ day of March 2000, by and between Hassell Lee Barnes, Jr. and Denise G. Barnes, husband and wife, ("Grantors") and the City of Virginia Beach, a Municipal Corporation of the Commonwealth of Virginia ("Grantee"). WITNESSETH: WHEREAS, the Grantors and The William J. Overholt and Millie J. Overholt Irrevocable Trust initiated an amendment to the zoning map of the City of Virginia Beach, Virginia, so as to change the classification of the Grantor's Property (hereafter the "property") in the Centerville District, in the City of Virginia Beach, Virginia and described in Exhibit A attached hereto and made a part hereof, from R-10 Residential District to B-2 Business District, and, WHEREAS, this agreement has been proffered by the Grantors and accepted by the Grantee and such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, not withstanding the foregoing these conditions are amended or varied by written instrument recorded in the Clerk' s Office Prepared by: Hassell Lee Barnes, Jr. of the Circuit Court of the City of Virginia Beach, Virginia and Executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2 - 2304, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. WHEREAS, the Grantors and the William J. Overholt and Millie J. Overholt Irrevocable trust voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-2 zoning district of the Zoning Ordinance, those certain reasonable conditions set forth in that certain Agreement of Covenants and Conditions dated May 27, 1997 related to the physical development and operation of the property which were adopted as part of the amendment to the Zoning Map relative to the property, and, WHEREAS, the Conditions were recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3759 at Page 1786, and, WHEREAS, the Grantors desire to amend the conditions in the manner hereinafter set forth. Prepared by: Hassell Lee Barnes, Jr. 2 NOW, THEREFORE, the Grantor, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion ofquidpro quo for_zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the Property and governing the use thereof and hereby tenders the following covenants running with the said Property, which shall be binding following the approval of Grantor's rezoning Petition by Grantee upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees, and other successors in interest or title, namely: 1. When the property is developed, it shall be developed substantially as shown on the "Exhibit" entitled a "Conceptual Site Layout Plan of the Office Building at Salem Community Commons" prepared by M.S.A., P.C. dated March 14, 2000 ( hereafter the "Exhibit") and exhibited before the City Council and on file in the Planning Department of the City of Virginia Beach, Virginia. 2. When the property is developed Grantors shall install landscaping upon the Premises substantially as shown on the "Exhibit" dated March 14, 2000 and exhibited before the City Council and on file in the Planning Department of the City of Virginia Beach, Virginia. The City shall not issue a final certificate of occupancy until the aforesaid landscaping is installed. Prepared by: Hassell Lee Barnes, Jr. 3 3. Grantor shall restrict vehicular access to the property from Salem Road and Lynnhaven Parkway in accordance with the Site Plan submitted by MSA ( Miller- Stephenson & Associates, PC) entitled" Conceptual Site Layout of the Office Building at Salem Community Commons" prepared by M.S.A., P.C. dated March 14, 2000, exhibited before City Council and on file in the Planning Department of the City of Virginia Beach, Virginia. 4. The exterior of the building shall be substantially similar in appearance, color co-ordination, and the architectural style to that pictured on the rendering entitled "Site Elevations of Salem Community Commons" dated March 14, 2000, and exhibited before the City Council and on file in the Planning Department of the City of Virginia Beach, Virginia. 5. The external building materials used for the building shall be primarily brick, drivit, and/or stucco, wood and beige or brown shingles on the roof of the building it being the intention of the Grantor to encourage compatibility without requiring uniformity. 6. Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City Agencies and Departments to meet all applicable City Code requirements. Prepared by: Hassell Lee Barnes, Jr. 4 7. The Grantor shall restrict the commercial uses of the property to the following uses: Animal Hospitals, pounds, shelters, commercial kennels, provided that all animals shall be kept in soundproofed, air-conditioned buildings; Bakeries, confectioneries and delicatessens, provided that the products prepared or processed on premises shall be sold only at retail and only on premises; Business studios, offices, and clinics; Child care and child care education centers; Commercial recreation facilities other than those of an outdoor nature; Drugstore, beauty shops, barbershops, and other personal service establishments: Eating and drinking establishments without drive-through windows; Financial institutions; Florists, gif~ shops, antique shops and stationery stores; Furniture repair and upholstering, repair service for radio and television and household appliances other than those with gasoline engines, service and repair services for business machine, carpet and linoleum laying, tile setting, sign shops and other small businesses; Laboratories and establishments for the production and repair of eyeglasses, hearing aids, And prosthetic devices; Laundry and dry cleaning agencies; Medical and Dental offices; Medical Laboratories; Museums and Art Galleries; Job and Commercial Printing; Public building and grounds; Prepared by: I-Iassell Lee Barnes, Jr. 5 Public utilities installations and substations, provided storage or maintenance facilities shall not be permitted; and, provided further, that utility substations, other than individual transformers, shall be surrounded by Category VI screening, solid except for entrances and exits; and, provided also, transformer vaults for underground utilities and the like shall require only Category I, screening, solid except for access openings; Public utilities offices; Radio and television broadcasting stations, cellular telephone antenna and line-of-sight relay devices; Repair and sale for radio and television and other household appliances, except where such establishments exceed two thousand five hundred (2500) square feet of floor area; Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or second-hand building materials or automobile parts shall not be allowed; further provided that adult bookstores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single-, or, multi-family dwelling, church, park, or school. Specialty Shops; Veterinary establishments and commercial kennels, provided that all animals shall be Kept in soundproofed, air-conditioned buildings; Accessory uses and structures shall be permitted as set forth in Section 901 of the Vkginia Beach Code. All references hereinabove to zoning districts and to regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that: (1.) the zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the Governing Body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to Prepared by: Hassell Lee Barnes, Jr. 6 ensure compliance with such conditions, including mandatory and prohibitory injunction abatement, damages, or other appropriate action, suit, or proceedings; (2.) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3.) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4.) the Zoning Map shown by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and Grantee. Witness the following signature and seal: State of Virginia, City of Virginia Beach, to wit: Subscribed and sworn to before me this HASSELL LEE BARNES, JR. Subscribed and sworn to before me this DENISE G. BARNES. DENISE G. BARNES NOTARY~UBLIC My c, om ssion xp s: dayof ~ ,19~by NOTARY I~LIC My commis~on expires: -,"Z_._.- Prepared by: Hassell Lee Barnes, Jr. 7 - 46- Item V-J. 13. PLANNING ITEM # 46396 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application of ARAMARK EDUCATIONAL RESOURCES, INC. t/a CHILDREN'S WORLD LEARNING CENTERS for a Change of Zoning District Classification from Conditional 0-2 Office District to Conditional 0-2 Office District with modified proffers: ORDINANCE UPON APPLICATION OF ARAMARK EDUCATIONAL RESOURCES, INC. t/a CHILDREN'S WORLD LEARNING CENTERS FOR A CHANGE OF ZONING FROM CONDITIONAL 0-2 TO CONDITIONAL 0-2 WITH MODIFIED PROFFERS Z03001160 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Aramark Educational Resources, Inc., t/a Children's World Learning Centers for a Change of Zoning from Conditional 0-2 Office District to Conditional 0-2 Office District with modified proffers on certain property located on the north side of Ferrell Parkway, 70feet more or less east of the intersection of Ferrell Parkway and McComas Way (GPIN #2404-97-7196). The proposed zoning classification change to Conditional 0-2 Office District with modified proffers is for office land use. The Comprehensive Plan recommends use of this parcel for retail, office and other compatible uses in accordance with other Plan policies. Said parcel contains 3. O11 acres. PRINCESS ANNE - DISTRICT 7 The following condition shah be required: Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shah be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of March, Two Thousand Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Margaret L. Eure, William VK. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III March 14, 2000 PREPARED BY: CKES, CARNES, BOURDON & AHERN, PC. ATTORNEYS AT LAW FERRELL PARKWAY ASSOCIATES, INC., a Virginia corporation and ARAMARK EDUCATIONAL RESOURCES, INC., d/b/a Children's World Learning Centers, a Delaware corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 9tu day of November, 1999, by and between FERRELL PARKWAY ASSOCIATES, INC., a Virginia corporation, Property Owner, and ARAMARK EDUCATIONAL RESOURCES, INC., a Delaware corporation, Contract Purchaser, herein collectively referred to as Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH- WHEREAS, Property Owner is the owner of a certain parcel of property located in the Princess Anne Borough of the City of Virginia Beach, containing approximately 3.01159 acres and described in Exhibit 'A" attached hereto and incorporated herein by this reference, said property hereinafter referred to as the "Property"; and WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify, in its entirety, the previously proffered and recorded Covenants, Restrictions and Conditions governing development of the Property; and WHEREAS, the Grantors have requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated March 1, 1999 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2823, at Page 0676 to reflect the amendment applicable to the land use plan on the Property; and PREPARED BY: fKES, CARNES, BOURDON & AHERN, RC, ATTORNEYS ATLAW WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognizes the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, Grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, Grantees, and other successors in interest or rifle: 2 PREPARED BY: KES, CARNES, BOURDON & AHERN, RC. A'I-rORNEYS AT LAW 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Conceptual Site Layout & Landscape Plan of Children's World McComas Way, Virginia Beach, VA", dated 11/15/99, prepared by MSA, which has been exhibited to the Virginia Beach City Council and is on f'fie with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. When the Property is developed, it shall be landscaped sUbstantially as depicted on the exhibit entitled "Conceptual Site Layout & Landscape .Plan Of Children's World McComas Way, Virginia Beach, VA", dated 11/15/99, prepared by MSA, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 3. The child care center depicted on the Site Plan shall have the architectural design, and appearance as depicted on the elevations rifled "Children's World Learning Centers", dated 4/12/99 as revised 8/20/99, prepared by Children's Design Group, Mark D. Pavey, Architect, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation"). 4. The building materials used to construct visible exterior surfaces of the child care center will be those depicted and designated on the Elevations with the primary surface material being a colonial reddish brown brick. 5. The freestanding sign identified on the Site Plan shall be a low level monument style sign as depicted on the "Elevation" which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. This sign shall only be externally illuminated from ground level. 6. The only internal illumination permitted on building-mounted signs shall be the individual lettering of the words on the signs. No background lighting shall be permitted on any building mounted signage. No neon lighting visible from General Booth Boulevard, McComas Way, or adjoining property shall be permitted to be placed on the Property. 3 PREPARED BY: 'KES, CARNES, BOURDON & AHERN, RC. ATTORNEYS ATLAW 7. The following principal and conditional uses within Zoning District shall be prohibited: (a) the 0-2 Office Child Care Education Centers in connection with public and private elementary schools or churches. (b) Off-street parking in conjunction with permitted uses in an adjoining business district. (c) Private clubs and lodges. (d) Public utilities installations and substations. (e) Public utilities business offices. (f) Television or radio transmissions, towers, and line-of-sight relay devices. 8. No portion of any building or other structure located on the property shall exceed thirty-five feet (357 in height. 9. As to the Property described herein, the Covenants, Restrictions and Conditions set forth herein supersede, in their entirety, those Covenants, Restrictions and Conditions set forth in that certain Agreement duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2823, at Page 0676. 10. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to the O-2 Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, 4 PREPARED BY: 'KES, CARNES, BOURDON & AHERN, RC. AY'rORNEYSATLAW however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 5 PREPARED BY: fKES, CARNES, BOURDON & AHERN, RC. ATTORNEYS AT LAW WITNESS the following signature and seal: GRANTOR: FERRELL PARKWAY ASSOCIATES, INC., a Virginia corporation Thomas C. Broyleff, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this //~ day of November, 1999, by Thomas C. Broyles, President of Ferrell Parkway Associates, Inc., a Virginia corporation, on behalf of said corporation. My Commission Expires: ~Notary Public 6 PREPARED BY: 'KES, CARNES, BOURDON & AHERN, RC. ATTORNEYS ATLAW WITNESS the following signature and seal: GRANTOR: ARAMARK EDUCATIONAL RESOURCES, INC., a Delawar, By: Title: STATE OF (-~-0 ~-/~-~ ,~ COUNTY OF ~ ~ ~:~_(d) ~1 corporation ' ]k' John Rosen Executive Vice President (SEAL) , to-wit: The November, Aramark Educational corporation. foregoing instrument was acknowledged before me this ,~_~ .day of 1999, by Resources, Inc., a Delaw~e co~orafion, on beh~ of s~d Not~ ~b~c My Commission Expires: ~C0MMISSION F. XPIR[.S 111291FJ 7 PREPARED BY: FKES, CARNES, BOURDON & AHERN, RC. A'I-rORNEYSATLAW EXHIBIT "A" All that certain lot, piece or parcel of land located in the Princess Anne District of the City of Virginia Beach, Virginia, being known, numbered and designated as Parcel A-3-6 on that certain ~PLAT SHOWING A SUBDIVISION OF PARCEL A-3 FERRELL PARKWAY ASSOCIATES", dated April 9, 1998, prepared by Bengtson, DeBell and Elkin, Ltd. and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 273, at Page 15. GPIN: 2404-97-7196 CONDREZN/ARAMARK/PROFFER 8 -47- Item V-J. 14. PLANNING ITEM # 4639 7 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council DEFERRED INDEFINITELY: Ordinance to AMEND the Comprehensive Plan Appendix re DESIGN GUIDELINES for large retail establishments. Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III March 14, 2000 Item V-L. 1. APPOINTMENTS - 48- ITEM # 46398 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: FRANCIS LAND HOUSE BOARD OF GOVERNORS HEAL TH SER VICE AD VISOR Y BOARD VIRGINIA BEACH CRIME TASK FORCE March 14, 2000 Item V-L.2. APPOINTMENTS - 49- ITEM # 46399 Upon NOMINATION by Vice Mayor Sessoms, City Council City Council ADDED TWO (2) POSITIONS TO A TOTAL OF FIVE (5) MEMBERS, AND APPOINTED: Donald MacLennan C. Gregory Johnson 2-Year Terms 3/1/2000-12/31/2001 BOARD OF BUILDING CODE APPEALS Voting: 10-0 Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III March 14, 2000 Item V-L.3. APPOINTMENTS - 50 - ITEM # 46400 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Charles Steven Vinson Unexpired Term thru 9/30/2003 WETLANDS BOARD Voting: 10-0 Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III March 14, 2000 Item V-L. 1 UNFINISHED BUSlNESS - 51 - ITEM # 46401 Council Lady Parker said there appears to be concern among members of City Council relative the location of "big boxes". Council Lady Parker referenced on November 9, 1999, City Council DEFERRED INDEFINITEL Y a Resolution, proposed by Council Lady McClanan, to refer to the Planning Commission proposed Amendments and a new Section to the City Zoning Ordinance (CZO) re certain large retail developments: Section 111 Section 901 Section 1511 Section 1521 re definitions re use regulations in Business Districts re use regulations in RT-2 District re use regulations in RT-3 District Council Lady McClanan had suggested a Conditional Use Permit process on the location of the "big boxes". ,,1 Committee was appointed with Council Members Eure and Parker as City Council Liaisons concerning development of large retail developments. A set of design guidelines are being developed, but does not deal with the issue of location of these facilities and their impact on the economy. Council Lady Parker requested the City Attorney, Les Lilley, and Director of Planning, Robert Scott, share their concerns with City Council. Mr. Scott advised the Planning Commission decided "big boxes" would be defined as retail establishments comprising 80,000 square feet or more. The City needs to define the method of achieving the goals of economic vitality and a quality fiscal environment. There must be a method of building and sustaining a city, much of which involves reuse of buildings or sites and lands already previously developed, whose productive lifetime has come to an end. Mr. Scott cited five (5) requirements of Commercial Development: Serve the consumer needs of the community. Create a positive image for the community (aesthetically pleasing) Commercial developments should generate significant revenue Interact positively with other businesses as a catalyst to spur other positive development Elements ora long term presence around which relationships can form. Council Lady McClanan expressed concern over the proliferation of pharmacies in close proximity of one another. Vice Mayor Sessoms expressed concern relative the impact on small business. The City Attorney advised Council Lady Eure with reference to ("by right" development), the City can institute a Conditional Use Permit, unless the Planning Commission has already given preliminary approval. Assistant City Attorney Macali advised City Council has the power of enacting any type of Conditional Use Permit ordinance. The law is that if City Council passes a Conditional Use Permit without mentioning pending applications that once the law changes, everyone whose application has not been actually approved must comply with the new law; however, it could also pass rules in another section of that ordinance which provide for pending applications. Therefore, City Council has a choice of whom or whom not to "grandfather". "Grandfathering " is purely a matter of legislative grace. If it is decided that certain retail establishments need Conditional Use Permits, the City Council could also decide that applications filedprior could be under the old law (transition rules). B Y CONSENSUS, discussion of this item be SCHEDULED for the City Council Workshop of March 21, 2000. March 14, 2000 Item V-M. 1. - 52 - NEW BUSINESS ITEM # 46402 BY CONSENSUS, the City Clerk will RECORD: ~4BSTR~4CT OF VOTES REPUBLICAN PRIMARY ELECTION- February 29, 2000 March 14, 2000 MARLENE CLAYA HAGER GENERAL REGISTRAR City of Vix-ginia P. O. BOX 6247 VIRGINIA BEACH, VA 23456-0247 mhager@c~y.virgmia-beac h.va, us {757) 427-8683 FAX (7571 426-5632 TDD {757) 427-4305 TO: FROM- SUB J: DATE: Ruth Hodges Smith City Clerk Marlene Claya Hager General Registrar Abstract of Votes March 3, 2000 Please find enclosed one certified copy of the Abstracts of Votes for the February 29, Republican Primary Election. Received by: F: \USERS\GLABYAK\receipt 1.199. wpd P)'oud Rcct~ownt of the 1998 U.S. Senate Medalh'on of Excellence for Productivity and Oualitv in the Pubh'c Sector: .A RSTRACT OF VOTES cast in the C:uz'y O~ v]:R~ BF_~C~ , Virginia, at the February 29, 2000 Republican Primary Election for: PRESIDENT NAMES OF CANDIDATES AS SHOWN ON BALLOT TOTAl. VOTES RECEIVED (IN FIGURES) GEORGE W. BUSH .......................... GARY BAUER .............................. JOHN McCAIN ............................. ALAN L. KEYES ............................ STEVE FORBES ............................ 1g.242 4! 1~273 56 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on February 29, 2000, do hereby certify that the above is a true and correct Abstract of Votes cast at said Republican Presidential Primary. Given under our hands this copy teste: day of March, 2000. Chairman , Secretary Secretary. Electoral Board - 53 - Item V-N. ADJOURNMENT ITEM # 46403 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:58 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia March 14, 2000 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 H M B A C E S DATE: March 14, 2000 B R H C R P E PAGE: 1 R R E J L N A S W B A E I N O A D R S E A N U S L N N O K O E AGENDA U C R O E E A R E M K ITEM # SUBJECT MOTION VOTE M H E N Y S N F R S S I/A BRIEFINGS Striving for Excellence James K. Spore City Mana~ler B Hampton Roads Third Crossing ElS Mr. Dale Castellow Transportation Planning Cooridnator Mr. Robert Matthias Assistant to the City Mana~ler II/1111 CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y A Y Y Y Y Y Y Y Y Y IV/V/ E F MINUTES - MARCH 7, 2000 APPROVED 10-0 Y A Y Y Y Y Y Y Y Y Y G/H PUBLIC HEARING No Speakers VOTING PRECINCTS/POLLING PLACES a. Great Neck Precinct @ All Saints Church ADD ON b. Seatack Elementary School now known as VB Law Enforcement Center Academy I/1 Ordinances to AMEND Sec. 10-1 City ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y Code to change the polling place for the: CONSENT a. Great Neck Precinct to All Saints Episcopal Church ADD ON b. Seatack Elementary School now known as VB Law Enforcement Center Academ~/ 2 Ordinance to APPROPRIATE $2,160,374 ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y to fully fund the CSA (estimated fed. CONSENT $160,000/state $1,755,374)rFRANSFER $1,350,000 re emotionally trouglede youth 3 Ordinance re CSB/Mental Health/Mental ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y Retardation CONSENT a. APPROPRIATE $185,000 to the Beach House b. APPROPRIATE $316,901 special revenue fund c. TRANSFER $162,070 re Skill Quest 4 Ordinance to AUTHORIZE encroachment ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y into portion of r/o/w of Seaview Ave./ CONSENT Lookout Road by Shirley J. & Robert W. Lewislfoundation/room/fences/deck 5 Resolution to AUTHORIZE third amended ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y charter agreement of SVJTA Workforce CONSENT Investment Act 0NIA) J/1 JOHN H. KUREK CUP residential kennel APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y 825 Lord Leighton Dr. (LYNNHAVEN - ADDED DISTRICT 5) condition re annual administrative review, subject to no complaints 2 SANDRA MARIE MAWYER CUP APPROVED/ 8-2 Y A Y Y Y Y N Y Y Y N commercial kennel 3464 Old Carolina Rd. CONDITIONED (PRINCESS ANNE - DISTRICT 7) & ~' 3 GALE LEVlNE CUP boat storaRe at 2100 DEFERRED TO 10-0 Y A Y Y Y Y Y Y Y Y y Marina Shores Dr. (LYNNHAVEN - 6/13/00 BY DISTRICT 5) CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 H M B A C E S DATE: March 14, 2000 B R H C R P E PAGE: 2 R R E J L N A S W B A E I N O A D R S E A N U S L N N O K O E AGENDA U C R O E E A R E M K ITEM Ct SUBJECT MOTION VOTE M H E N Y S N F R S S 4 CROWN COMMUNICATION CUP 150 APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y foo.._~t monopole on Heffington Dr., North REVISED Landing Rd. (PRINCESS ANNE - CONDITION Ct 1 DISTRICT 7) BY CONSENT 5 HAMPTON ROADS JUNIOR GOLF APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y FOUNDATION CUP ,qolf course on CONDITIONED Princess Anne Rd.NVinterberry Ln. BY CONSENT {PRINCESS ANN ,E, - DISTRICT 7) 6 WAWA, INC. CUP f:las sales with APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y convenience store at 4800 Shore Dr. CONDITIONED (BAYSIDE - DISTRICT 4) BY CONSENT 7 ROBERT STEINHILBER/HERBERT A. DEFERRED 9-1 Y A Y Y Y Y N Y Y Y Y CULPEPPER at Blackwater INDEFINITELY Rd./Blackwater Loop (PRINCESS ANNE - DISTRICT 7) a. Vadance to Sec. 4.2(m)(1) of Subdivision Ordinance re minimum pavement width for cul-de-sac b. CUP alternativ residential development 8 CHRISTOPHER T. ETTEL/W.B. APPROVED BY 10-0 Y A Y Y Y Y Y Y Y Y Y CONTRACTORS, INC. Variance to Sec CONSENT 4.4(b) of Subdivision Ordinance all lots meet CZO at 201 60m Street (LYNNHAVEN - DISTRICT 5) 9 GEORGE BAYLOR/JENNIE DOZIER APPROVED BY 10-0 Y A Y Y Y Y Y Y Y Y Y CASON Variance to sec. 4.4(b) of CONSENT Subdivision Ordinance all lots CZO at 590/592 Princess Anne Rd. (PRINCESS ANNE - DISTRICT 7) 10 CORNELIUS F. BOYNTON,JR,/ APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y ANTONINA BOYNTON/LOPE B. PILE/ CONDITIONED MERCY PILE (KEMPSVILLE BY CONSENT - DISTRICT 2) a. Closure of portion of Jersey Ave. at Virginia Beach Blvd. b. CUP to replace CUP approved 1999, for auto sales/service at 5085 Virginia Beach Blvd. 11 CC,LLC/ZOOTS COZ from 0-_.11 to APPROVED AS 9-0 Y A Y A Y Y Y Y Y Y Y Conditional B-lA at 925 Diamond Springs PROFFERED B Rd. (BAYSIDE - DISTRICT 4) BY CONSENT S T A I N E D 12 MODIFICATION OF PROFFERS on 1997, AUTHORIZED 10-0 Y A Y Y Y Y Y Y Y Y Y approved application of LEE/DENISE MODIFICATION BARNES COZ from R-10 to Conditional WITH B-__~2 for Joseph Overholt at 1629 Salem PROFFER BY Rd. CONSENT (CENTERVILLE - DISTRICT 1) 13 ARAMARK EDUCATIONAL APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y RESOURCES, INC./CHILDREN'S PROFFERED WORLD COZ from Conditional 0-2 to BY CONSENT Conditional 0-2 with modified proffers at Ferrell Pkwy./McComas Way (PRINCESS ANNE - DISTRICT 7) 14 Ordinance to AMEND Comprehensive DEFERRED 10-0 Y A Y Y Y Y Y Y Y Y Y Plan Appendix re DESIGN GUIDELINES INDEFINITELY BY CONSENT K APPOINTMENTS: BOARD OF BUILDING CODE APPEALS 2 year terms 10-0 Y A Y~ Y Y Y Y Y Y Y Y 3/1/2000- Appointed: Donald MacLennan 12/31/2001 C. Gre,qory Johnson CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 H M B A C E S DATE: March 14, 2000 B R H C IR P E PAGE: 3 R R E J L N A S W B A E I N O A D R S E A N U S L N N O K O E AGENDA U C R O E E A R E M K ITEM # SUBJECT MOTION VOTE M H E N Y $ N F R S S WETLANDS BOARD Unexpired term 10-0 Y A Y Y Y Y Y Y Y Y Y thru 3/30/2003 Charles Steven Vinson FRANCIS LAND HOUSE BOARD OF Rescheduled by 10-0 Y A Y Y Y Y Y Y Y Y Y GOVERNORS Consensus HEALTH SERVICE ADVISORY BOARD VIRGINIA BEACH CRIME TASK FORCE L/M/1 ABSTRACT OF VOTES-REPUBLICAN ACCEPTED B Y C O N S E N S U S PRIMARY ELECTION - February 29, 2000 FOR RECORDATION N ADJOURNMENT: 4:58PM PROPOSED FY 2000-2001 RESOURCE MANAGEMENT PLAN SCHEDULE DATE EVENT LOCATION TOPIC Tuesday, March 28 - Presentation of the FY 2000 - Council Chamber City Manger's Proposed Resource 6:00 PM 2001 Resource Mgmt. Plan Management Plan Tuesday, April 4 Council Workshop Council Conference Room Economic Vitality, Safe Community, ~ 10:00 AM - Noon Policy and Decision Support Tuesday, April 11 Council Workshop Council Conference Room Quality Education for Lifelong 10:00 AM - Noon Learning Thursday, April 13 Public Hearing To be announced Public comment on Proposed FY 200~2 7:00 PM - 9:30 PM 2001 Resource Mgmt. Plan Tuesday, April 18 Council Workshop Council Conference Room Quality Physical Environment & 10:00 AM - Noon Operational Support Tuesday, April 25 Council Workshop Council Conference Room Cultural and Recreational Oppormniti~ 2:00 PM - 4:00 PM & Family and Youth Opportunities Tuesday, April 25- 6:00 PM Public Hearing Council Chamber Public Comment Thursday, May 4 Council Workshop Council Conference Room Reconciliation of outstanding resource 10:00 AM - Noon issues Tuesday, May 9 - 2:00 PM Adoption of FY 2000-2001 Council Chamber Resource Mgmt. Plan