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NOVEMBER 27, 2001 MINUTESCi CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILLIAM D SESSOMS. IR., At-Large LINWOOD O. BRANCH, 111, Beach - District 6 MARGARET L EURE, Centervdle - District 1 WILLIAM W HARRISON, JR, Lynnimven - District $ BARBARA M HENLEY, Pnncess Anne - District 7 LOUIS R JONES, Bayside - D,stnct 4 REBA S McCLANAN, Rose Hall - Dmnct 3 ROBERT C MANDIGO, JR., Kempsvdle - District 2 NANCY K PARKER, At-Large ROSEMARY WILSON, At-Large K SPORE, City Manager LESLIE L, LILLEE C~ry Attorney RLf'fH HODGES-SMITH, MMC, City Clerk of Vir inia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAIL. Ctycncl@ ctry vtrgtnla.beach.va us November 27, 2001 I. CITY COUNCIL PRESENTATION - Conference Room- 1:30 PM A. PERFORMING ARTS THEATRE - SITE ANALYSIS Duncan Webb and Ehssa Getto, Theatre Project Consultants II. CITY MANAGER'S BRIEFINGS Ao B TIDEWATER COMMUNITY COLLEGE EXPANSION James K. Spore, C~ty Manager KEMPSVILLEfPRINCESS ANNE/WITCHDUCK ROADS INTERSECTION John W. Herzke, City Engineer, Department of Public Works TOWN CENTER TERM SHEET James K. Spore, C~ty Manager llI. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COLrNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber- 6:00 PM Citizens may register to address City Council for a limited time on any ttem on the Formal Council Agenda Speakers may register tmmedtately prtor to the meettng or, tn advance, by calhng the City Clerk's Office at 42 7-4303 A. CALL TO ORDER- Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Angelito Samson Pnncess Anne Plaza United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES o INFORMAL & FORMAL SESSIONS INFORMAL & FORMAL SESSIONS November 06, 2001 November 13, 2001 G. AGENDA FOR FORMAL SESSION The Consent ~4genda wtll be determtned durtng the Agenda Review Session and constdered tn the ordtnary course of bustness by Ctty Counctl to be enacted by one motion. H MAYOR'S PRESENTATION 1. Dr. Hiroyuki Hamada, Japan Education Culture Center, Inc. 2. DAI NIPPON BUTOKU KAI and ECKA contribution to Virginia Beach Rescue Squad I. PUBLIC HEARINGS 1. AGRICULTURAL RESERVE PROGRAM (ARP)- District 7 - Princess Anne 34.56 Acres - 629 Princess Anne Road 2. REDISTRICTING - (Reapportionment) City Council and School Board Districts J. ORDINANCESfRESOLUTION o Ordinance to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP) easements and the issuance of its contract obligations: (DISTRICT 7 - PRINCESS ANNE) a. Thomas G. and Rebecca D. Allen 34.56 Acres $129,582. Installment Purchase Agreement No. 2001- 42 . Ordinance to establish the boundaries, names and numbers of the C~ty of Virginia Beach's seven residence districts according to City Code § 24.2-304.2, which provides that localities must reapportion local election districts after each decennial census; and, City Charter § 3.01 which provides that the city shall be divided into seven residence districts of approximately equal population. . Ordinance to AMEND the City Code by ADDING § 2-23 re City Council and School Board Elections taking place on the first Tuesday in November, beginning in November 2002. (Sponsored by Mayor Meyera Obemdorf) . Ordinance to ACCEPT a $70,676 grant from the U. S. Department of Justice and APPROPRIATE $65,835 to the FY 2001-02 operating budget of the Police Department and $4,841 to the FY 2001-02 operating budget of the Sheriff's Department re purchase of bulletproof vests; and, estimated revenue from the federal government be increased accordingly. . Ordinance to TRANSFER $184,053 from the Police Department' s FY 2001-2002 operating budget to the Fire Department' s FY 2001-2002 operating budget re funding for s~x additional full-time fir, fighters for the Hazardous Materials Team. . Ordinance to TRANSFER $3,730 from the General Fund Reserve for Contingencies to the Water and Sewer Fund for the costs associated with the construction of the Greater Hampton Roads, "St. Jude Dream House," at Largo Mar as a charitable gift to St. Jude Children's Research Hospital. (Sponsored by Vice Mayor William Sessoms, Jr.) . Ordinances to authorize temporary encroachments into city-owned property at Crab Creek: (DISTRICT 5 - LYNNHAVEN) a. Into the fight-of-way known as Lynnhaven Promenade to Amanda Smith at 2088 Tazewell Road re constructing and maintmmng a wooden p~er and dredgmg bo Into the right-of-ways known as Piedmont Circle and Lynnhaven Promenade to John P. Madden and Linda G. Gieason at 2090 Tazewell Road re construction and mmntaining a wooden pier, boat lift, mooring piles and dredging . Resolution to support and endorse regional effort to attract a National Basketball Association (NBA) league team to the Hampton Roads region and encourage our citizens and business community to do likewise.. (Removed from 11/13/01 agenda) (Sponsored by Council Lady Wilson) K. PLANNING RECONSIDERATION: PAUL C. LOWN for a Col!..ditional Us.e Pe.rrr~i~; re a residential multiple family dwelhng (3 units) on Lot 10, Block C, Lynnhaven Beach, on Urchin Road and Ocean Avenue, containing 7,500 square feet. (DISTRICT 5 - LYNNHAVEN) Lost to negative vote: Staff Recommendation: Planning Commission Recommendation: October 2, 2001 APPROVAL DENIAL . . . . . , Application for a MODIFICATION OF CONDITION NO. 1 on the June 8, 1999 approved Conditional Use Permit for LONDON BRIDGE BAPTIST CHURCH re church addition at 2460 Potters Road, containing 25.435 acres. (DISTRICT 6 - BEACH) Recommendation: APPROVAL Petitions of UNITED JEWISH FEDERATION OF TIDEWATER for the discontinuance, closure and abandonment of: (DISTRICT 2 - KEMPSVILLE) a. Katie Brown Drive north of Morris Avenue, containing 36,341 square feet b. Morris Avenue south of Katie Brown Drive, containing 29,544 square feet Recommendation: APPROVAL Application of CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINIA BEACH for a Conditional Use Permit for church services and church related activities at the southeast comer of Holland Road and Stoneshore Drive (3420 Holland Road), containing 1.363 acres (DISTRICT 3 - ROSE HALL) Recommendation: APPROVAL Application of AVIS RENT-A-CAR SYSTEM, INC. - ANNE LO MONACO for a Conditional Use Permit for motor vehicle rentals at the northwest comer of Rosemont Road and Virginia Beach Boulevard (3664 Virginia Beach Boulevard), containing 18,295.2 square feet (DISTRICT 5 - LYNNHAVEN) Recommendation: APPROVAL Application of OCEAN BAY VENTURES, L.L.C., a Virginia Limited Liability Corporation, for a Change of Zoning District Classification from I-1 Light Industrial and R-5D Residential Duplex Districts to Conditional A-24 Apartment District on the northwest comer of the Norfolk & Southern Railroad right-of-way and Cypress Avenue, containing 2.89 acres (DISTRICT 6 - BEACH) Deferred: StaftRecommendation: October 2, 200 l and October 23, 2001 DEFFERAL Application of ALICIA A. MAHAR for a Change of Zoning District Classification from R-20 Residential District to Conditional AG-2 Agri.'cultural District on the north side of Princess Anne Road, west of Newstead Drive (2186 Princess Anne Road), containing 1.633 acres (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROVAL Ordinance to AMEND {}502 of the City Zoning Ordinance (CZO), reducing rear and side yard setback requirements for certain accessory structures in all residential zoning districts, increasing rear yard setback requirements for duplex and semidetached dwellings in R-5R Residential Districts, establishing a maximum limitation on impervious surface coverage for single-family, duplex and semidetached dwellings in the R-5R Residential District and, including garages in the determination of floor area ratio for duplex and semidetached dwellings in R-5R Residential District. Recommendation: APPROVAL . Ordinance to establish Transition Rules for amendments to the R-5R Residential Zoning Districts and for accessory structures in ALL Residential Zoning Districts Recommendation: APPROVAL Lo APPOINTMENTS BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD (CSB) HISTORICAL REVIEW BOARD PLANNING COMMISSION PRINCESS ANNE BALLFIELDS RELOCATION ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) M. UNFINISHED BUSINESS No NEW BUSINESS lo The Abstract of Votes as recorded by the General Registrar, from the November 6, 2001 GENERAL ELECTION, ts on file wtth the Ctty Clerk. O. ADJOURNMENT CITY COUNCIL SESSIONS (December 2001) December 04 - December 11 - December 18 - Administrative Only Administrative & Planning Administrative & Planning 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) 11/16/01BAP AGENDA\I 1-27-01.PLN www.virginia-beach.va, us MINUTES VIRGINIA BEACH CITY COUNCIL Virg~ma Beach, V~rg~ma November 27, 2001 Mayor Meyera E Oberndorf called to order the C I T Y COUNCIL PRESENTA TION re PERFORMING ARTS THEATRE - SITE ANAL YSIS m the Czty Councd Conference Room, Ctty tlall Budding, on Tuesday, October 9, 2001, at 1 '30 P M Councd Members Present Llnwood 0 Branch, IIL Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor l/Vdhams D Sessoms, Jr and Rosemary IVtlson Councd Members Absent }Vdbam V~ Harrtson, Jr [Entered 1 45 P MI -2- C I T Y CO UNCIL PRESENTATION PERFORMING AR TS THEATRE- SITE ANAL YSIS 1:30 P.M. ITEM # 48944 Martha J Sims, Dtrector of Pubhc Ltbrartes and Chatr- Performing Arts Theater Steering Committee, advtsed on October 9, 2000, Phase I of the Needs Assessment Study of a Performing Arts Theater was presented Ctty Counctl on October 9, 2001 Ctty Counctl authortzed Theatre Projects Consultants and Webb Management Services to move forward wtth Phase II of the study operatmg pro forma, alternate stte analysts, detaded constructton cost analysts, fund ratstng analysts, and, the contmumg study of the Town Center stte The sttes were narrowed to the Town Center and along the 19tn Street Corridor The City has made substanttal tnvestment tn these two areas and the theatre had already been tdenttfied as bemg a slgntficant compltment to these two mvestments No other sttes came forward wtth the same potenttal as these Mrs Stms mtroduced Ehssa 0 Getto , Sentor Consultant - Theatre Projects Consultants, and Duncan M Webb, Prestdent- Webb Management Servtces Ms Getto stated the recommendattons of Phase I 1,000- 1,200- seat Pavilion replacement 300-500-seat multi-purpose community venue 2,500-3,500-seat commercial venue at beach front Additional support for local arts organizations Alternate site analysis. Phase H Scope Alternate site analysis Construction cost analysis Operating pro forma Alternate funding options Clarification of building program The consultants were requested to evaluate the 19tn Street Corridor and the Town Center stte Site Analysis Methodology Project impacts and benefits Development of site analysis criteria Further review of Town Center site In-depth review of 19th Street Corridor Interviews Web Site Mrs Getto advtsed the site analysis was predtcated on the followmg space program presented tn Phase I: RECOMMENDED SPA CE PROGRAM 1,200-SEAT FACILITY Rm # Name Net SF G ross SF 100 Pubhc Spaces 15,155 200 Performance Spaces 20,802 300 Stage Support 3,500 400 Performer Support 4,650 500 Rehearsal Space 2,640 600 Ad m~mstrabon 4,120 700 Services 1,450 TOTAL PROGRAMMED AREA 52,317 nsf Non-programmed Areas Circulat~on 0 Mechamcal and Electrical 0 Inaccessible 0 Total Net Area Total Gross Area (times 1.6) 52,317 83,707 59,848 gsf 12,556 8,371 2,930 83,705 November 13, 2001 -3- C I T Y COUNCIL PRESENTATION PERFORMING ARTS THEATRE- SITE ANAL YSIS ITEM #48944 (Continued) What makes a good site? Destination Functtonahty Dynamtcs Site Analysis - Criteria Locatton Access and traffic Content and amentttes Parktng Fit Condittons wtth cost impact Acqutsltton and schedule Mrs Getto dtsplayed, with the utthzatton of Power Point, the locatton of the Town Center (off of I-264 tn the geographic heart of Vtrgtnia Beach) and 19tn Street Corridor (at the end ofi-264, approximately 7 blocks from the Beachfront and tn the same area as the pre-extsttng Pavlhon) As tndtcated, relattve traffic and access tnto the Town Center site, the area ts readdy accessible to 1-264 and from a variety of streets tncludtng Vtrgtnta Beach Boulevard and Independence Boulevard As tndtcated by the "red arrows" deptcted on the stte, there would be a vartety of opttons to entertng the Town Center development Detads of drop off wouM be developed wtth the actual destgn of the buddmgs wtth selected area archttects, but the consultants have lndtcated, to avotd crossing streets, the stdewalk should be to the tmmedtate right so the patrons and chddren dropped off wouM not have to cross the road It shouM be noted that the area, wtthout the Town Center development, wouM be far more pedestrtan frtendly than the major roads surroundtng the stte In evaluattng the 19tn Street Corridor, the Consultants were tnformed there was one parcel of land rea&ly avadable as a potential theatre stte, the Birdneck stte The Birdneck Site was determmed not to be an approprtate site for the theatre The planned scenergyfor the 19t~ Street Corridor ts from the Conventton Center east The Birdneck Site ts located to the west of the Convention Center stte opposite the energy stream and bordered to the west and north by roads Dtrectly to the north, across the Street, are restdenttal apartments and a McDonalds To the tmmedtate east ts the Gibson Building Located on the corner lot, access wouM be somewhat hmtted to etther Birdneck or 19~n Street Although a theatre couM be placed on the site, the Birdneck locatton ts awkward from the standpotnt of vtstbthty The current Pavilion theater and the Convention Center have the advantage of betng an tcon easdy and readdy Menttfiable from the Highway Thts stte cannot be seen from the htghway and ts not lmmedtately surrounded by amentttes However, the stte tndtcated tn "blue" ts tn the energy fieM east of the Conventton Center and at the end ofi-264 It would be dtrectly adjacent to the Conventton Center and wdl be mcluded as part of the SOM Master Plan It wouM also be htghly vtstble to traffic at the corner of Parks Avenue and 21st Street Therefore, the rematntng crtterta wdl compare the Town Center stte to thts one, referred to as Parks Avenue Site The land ts not currently avadable, except tn concept The traffic comes largely from the endpomt ofi-264 and 19th Street The stte ts readily acceptable from vartous roads and at thts juncture and ttme appears not to be as congested as the Town Center stte However, gtven the Master Plan for the 19tn Street Corrtdor has not been presented at this ttme, future traffic concerns are not known The stte ts htghly vtstble to traffic and would be readdy tdenttfiable by car November 27, 2001 -4- C I T Y COUNCIL PRESENTATION PERFORMING ARTS THEATRE- SITE ANAL YSIS ITEM #48944 (Continued) Deptcttons of the context and amenities of the Town Center site and 19tn Street Corridor were dtsplayed £ocatton, not avadablhty or restrtcttons on use, and restdenttal component have not been deptcted relattve the parkmg concernmg Town Center Theatre Projects Consultants recommends parkmg~for a maximum of 800 cars for a theater of 1200 seats Parktng at the 19tn Street Corrtdor ts tndtcated by the parktng tn the Master Plan for the Conventton Center It ts the understanding the Conventton Center wtll requtre 3, 000 spaces. The number avadable for use by a potential theater cannot be commented on at present Prehmtnary sketches of the Ftt Plan relattve the Town Center and 19th Street Corridor were dtsplayed Conditions Cost Impact Noise abatement Resolutton of the jet traffic norse of the 19th Street Corridor Site wdl result tn stgntficant expendtture The tssue ts to keep jet norse out, but it ts difficult because the buddmg has numerous openmgs and joints The most vulnerable areas are the stage and the audtence chamber Sohd concrete is preferred Stdl masonry ts acceptable, provlded the enttre budding envelope ts properly sealed Double vault constructton wdl probably be requtred The dtfference between a concrete and steel system ts not known at thts ttme and may vary accordmg to the constructton market and regtonal factors Fhght towers requtre spectal smoke exhaust hatches Hatches cannot keep out jet norse A more expenstve mechamcal system wdl be requtred TrtpIe glazed wtndows may be requtred tn some locations The audttortum space will requtre a double membrane ceding roof The cost of thts second membrane may vary according to the archttectural destgn Any cost cutting directly related to the abatement wdl dtrectly tmpact the acousttc quahty of the performing space A safe and conservattve esttmate wouM be an addtttonal $100 per square foot of constructton cost for above ground sound barrters If sound msulatton ts requtred below ground, thts figure could easily be tncreased High water table These concerns were apphcable to both sites Requtrements for the theatre will be based on spaces, such as the trap room and orchestra pit On site parking/parking agreements The Town Center has no devoted parktng spaces Arrangements must be made for usage At the 19th Street Corrtdor It ts not known about the avatlabthty of Conventton Center parkmg, or whether a parkmg garage wdl be necessary Landscaping Mtght result tn a cost impact on the 19tn Street Corridor or the Town Center, tf addtttonal landscapmg ts requtred Architectural statement On the plus stde relative the 19th Street Corrtdor, a theatre factng the htghway couM make a strong archttectural statement The Parks Avenue site, if available, wouM be suttable, however, the land ts not avadable as of thts date and in dtscusstons wtth the City staff, mtght requtre a mmtmum of 1-~ years to acqutre thts land or any other land pr~vately held for use as a theatre stte. Mr Webb ctted the vartous tmpacts of the 19tn Street Corridor and the Town Center Economic Impact 19th Street Corrtdor Town Center Support of Conventton Center Impact on Town Center development Anchor tn corrtdor development Support for creatton ora Central Commerctal Dtstrtct Support of tourtsm development Support for retad, restaurants and restdenttal Pavthon htstory as economic mdtcator Short term support for attractmg tenants November 27, 2001 -5- C I T Y CO UNCIL PRESENTATION PERFORMING AR TS THEATRE - SITE ANAL YSIS ITEM g48944 (Continued) Impact- Community 19th Street Corrtdor Town Center Development of beach area Development of CBD, focalpoint for Ctty Support of Vtrgtnta Beach as a conventton center Support for commumty ortented proict Pubhc/prtvate sector Impact - Development Partnerships 19tn Street Corridor Town Center Pubhc sector drtve Private sector drtven Phase I progress Phase H commttment Potenttal role for prtvate developer Role for pubhc sector Quahty expectaaons Quahty expectattons Sponsor/partnershtp opportuntttes on an ongotng basts Funding Construction and Operation 19tn Street Corridor Town Center Not part of Conventton Center fundtng Condomtmum approach wtthtn larger package development TIF fundtng potenttal TIF fundtng potenttal Tourtsm tndustry potenttal Private phdanthropy Key Advantages Comparison 19t* Street Corridor Town Center Support of Conventton Center Support of Town Center project and concept Anchor tn future development Commumty ortented theatre tn commumty oriented locatton Support of tourism Regtonal access Ms Getto ctted the Recommendattons Town Center is the recommended site. 19tn Street Corridor recommendations 500-seat theatre 2,500-3,000-seat commercial venue Future considerations- Town Center site Theatre Project Consultants ts aware the average occupancy ts approximately 561for performances at the Pavdton theatre, however, this ts wetghted down by small presenters and does not take tnto account the tncreased opportuntttes of outstde promoters gtven a shghtly larger 1200-seat theatre As a promoter, it is always the last two rows tn a theatre that represent the profit margtn There wdl be three reports to follow Last of December, early January and the mtddle o f January November 27, 2001 -6- CITYMANAGER'S BRIEFING KEMPSVILLE/PRINCESS ANNE/WITCHD UCK ROADS INTERSECTION 2:30 P.M. ITEM #48945 John Herzke, Ctty Engineer, advtsed the Ctty re-tntroduced tmprovements to thts tntersectton (Kempsville/Princess Anne/Witchduck Roads) tn Ftscal Year 1998-1999, CIP #2-048. The Ctty Counctl, by resolutton, requested that VDOT program a project to study tmprovement opttons and complete destgn of the preferred optton Ktmley-Horn and Assoclates was selected to conduct a feastblhty study, mcludlng a traffic evaluatton, alternattve analysts and facdttatton of a Ctttzen Advisory Commtttee, tn order to develop recommendattons for improvement to the tntersectton Mr Herzke requested Councilman Mandtgo serve as the Chart for thts Cttlzens Advtsory Commtttee Counctlman Mandtgo tntroduced members of the Citizens Advisory Committee tn attendance Earl Stanton, Louts McKtnney, Krtsty Svedburg, Laurte Bonney, James Stocks, Martt Womble, Reverend John Baldwm, and Btll Cart Gerrt Tata, School Board Member, was also requested to be a member of the Commtttee, due to the tssue of the Kemps Landing Magnet School Chatrman Dan Edwards - School Board has requested the Commtttee reacttvate the Council/School Board Review Committee of School property acquisition and disposition The school dtvtston owns the property of the Kemps Landmg School and the ballfields across the street However, the ballfields are leased to the Kempsvtlle Pony Baseball The budget of $970, OOO for tmprovements tn the next fiscal year had been planned for renovatton to office spaces of this Kemps Landing Building One of the ttems dtscussed was the posstbthty of giving the schools the funds recetved from the State from stte acqutsttton of the Kemps Landing School, for them to use for stte acqutsttton tn another location Counctlman Mandlgo advtsed them he couM not make any commttment Wtlltam Nash, Ktmley-Horn andAssoctates, Inc advlsed a Ctttzens Informatton Meettng has' been scheduled for January 9, 2001, at Kempsvtlle Htgh School Coptes of the exhtbits were dlstrtbuted to Ctty Counctl and are hereby made apart of the record The Ctttzen Informatton brochure wtll be dtstrtbuted at the Ctttzens Informatton Meettng A Ctttzens Advtsory Commtttee was developed to gatn consensus and create advocates to dtstrtbute the tnformatton to thetr representattve groups The Commtttee ts anttctpattng a Ctty Council and Commonwealth Transportatton Board Resolutton tn the Summer of 2003 There have been etght (8) Ctttzens Advtsory Meettngs commencmg tn March, as well as numerous other meettngs wtth the vartous representattves Mission Statement The mtsston of the Prtncess Anne Road/Kempsvtlle Road/Wttchduck Road Intersectton Ctttzens Advtsory Commtttee (PAK-CAC) ts to butM consensus for transportatton tmprovements to the Prtncess Anne Road/Kempsvdle Road/Wttchduck Road tntersectton The goal for the PAK-CAC ts to advtse representattves from the Vlrgtnta Department of Transportatton and the Ctty of Vtrgtnta Beach on apreferred alternattve for constderatton, meettng the overall pubhc needs to provtde enhanced traffic capactty for the lntersectton Thts preferred alternattve shouM also tncorporate the safety, tntegrtty, and overall quahty of hfe of the ctttzens that use thts tntersectton whtle matntatntng the beauttficatton of the surroundtng area and preservtng extsttng htstortc landmarks" The Citizen Advisory Committee Process Introductton- Mtsston Statement/Blank Sheet Traffic Analysts - "Traffic 101" Alternate Development Envtronmental Documentation Process Constructabthty Revtew Alternate Refinement Rtght-of- Way Acqutsttton Alternate Evaluatton From thts process twelve (12) alternates were developed These alternates were reduced to three (3) wtth a more detatled evaluatton One (1) alternattve was revtsed and four (4) alternattves are now apart ofthts presentatton November 27, 2001 _ CITY MANA GER 'S BRIEFING KEMPS VILLE/PRINCESS ANNE/WITCHD UCK ROADS INTERSECTION ITEM tbi8945 (Continued) Wdham F Mackey , Jr, P C - ProJect Manager - Ktmley-Horn and Assoctates, Inc Referenced the Four (4) Alternates A - Intersection constructed "at-grade" in existing location B- Intersection constructed "at-grade" south of existing intersection C- Intersection constructed "grade-separated" south of intersection with Kempsville Road bridging Princess Anne Road D - Intersection constructed "grade-separated" south of intersection with Princess Anne Road bridging Kempsville Road Mr Mackey advtsed the extsttng traffic condtttons were analyzed on a model wtth projecttons through the year 2026 The extsttng level of servtces today is Level F and the delay ts 81 seconds per vehtcle during the PM Peak Hour The At-grade tntersectlon ratses the level of service to D in the year 2026 (42 seconds per vehtcle delay) The grade separated tntersectton ratses the level of servtce to C (close to B) tn the year 2026 ~22 seconds Iger vehtcle delay) - . , Impact and Cost Matrix Princess Anne Road/Kempsvtle Road/Witchduck Road Intersection AL TERNA TE ELEMENTS A B C D Rtght of Way Restdences 9 I 1 6 Commercial Buddmgs 26 29 34 30 Community Buddtngs 1 4 4 2 Property Impacted 59 34 49 43 CONSTRUCTION TIME (months) 36 24 42 42 TRAFFIC OPERATION (LOS) D D C+ C+ COSTS (tn 2001 Dollars) Construcaon $12,300,000 $11,900,000 $23,100,000 $23,100,000 Rtght of Way $17,000,000 $27,000,000 $28,500,000 $28,500,000 UtdztyRelocatton $ 1,460,000 $ 905,000 $ 1,120,000 $ 920,000 TOTAL $30, 760,000 $39,805,000 $52, 720,000 $52,520,000 Counctl Members Jones and Harrison referenced starttng at Bonney Road and runmng south, the road frontage is betng taken from a number of parcels Mr. Mackey advtsed these properttes wouM be handled through the normal means of VDOTprocurement The properttes to the west of the new ahgnment wouM not be purchased Councdman Jones advtsed thts major road frontage wouM impact these properttes Mr Mackey advtsed there are secondary tmpacts evaluated by VDOT through the rtght-of-way acqutsttlon process Access to those properttes wouM be matntained off of Wttchduck Road Mr Herzke advtsed Leo Rutledge from VDOT, has remmded htm the Ctty is obhgated to provlde these businesses access If Feeder Road access ts provtded, thts damages thetr bustnesses. It ts not comparable to thetr present access Mayor Oberndorf nottced Arrowhead and Carolanne Farm were not represented on the CAC, however people do come through Carolanne Farm as a cut-through WouM thts project give thts subdtvtston reheJv Councdman Mandtgo advtsed these dtfferent alternattves solve the traffic congestton problem at the tntersectton, so that the cut through traffic wdl be reduced slgmficantly Councdman Branch was advtsed every alternative (B), (C) and (D) all use Wttchduck Road by the same ahgnment Alternate A does not because tt ts tn its extsttng locatton. B, C and D have been moved to the East, however, thts ts early tn the process and each of the alternates wdl be "tweaked" throughout the destgn process Councilman Mandtgo advised the consensus from the CAC was Alternate A, affected too manyparttes, and wouM not be feastble Pubhc comment ts necessary Councd Lady Wdson advised the School system ts tn desperate need of office space It was dectded the Kemps Landtng School shouM be utthzed for office space If thts area ts taken, funds from the State need to be gtven to acquire office space elsewhere Mayor Oberndorf wtshed the long standtng netghborhoods be enhanced and not adversely impacted The City Manager has requested the Planmng Staff work closely wtth Pubhc Works, the Consultant and the State relattve land use compattbthttes November 27, 2001 Cit ' en Information Meeting Intersection Improvements at Princess Anne Road and Kempsville/ Witchduck Roads IF/est of intersection on Pnncess Anne Road looktng East Project' 0165-134-107,PE-101, RW/-201, C-50! ICed. Project LD. #STP-5403 (593) January 9, 2002 4:00-7:00 PM Kempsville High School 5 !94 Chief Trail I/irginia Beach, Virginia 23464 3 outh of tntersectwn on Kempsvdle Road looletng South Project Background During the late 1980's, the Princess Anne Road/Kempsvllle Road/Witchduck Road Intersection was programmed for improvement in the City of Virginia Beach's Capital Improvement Program (C.I.R). A traffic study, and conceptual plans were developed and presented to the c~tizens and City Council. These concepts were presented at a public hearing held on March 25, 1987. Due to considerable opposition to those concepts, no further action was taken at that time and the intersection improvement project was removed from the C.I.R and not considered for over a decade. The C~ty of Virginia Beach re-~ntroduced improvements to th~s intersection into the City C.[.P Cit ' en InformatiOn Meeting Intersection Improvements at Princess Anne Road aaa' Kempsville/ Witchduck Roads Project: 0165-134-107,PE-101, RW/-201, C-50! ICed Project LD. #STP-5403 (593) January 9, 2002 4:00-7:00 PM Kempsville High School 5 !94 Chief Trail Virginia Beach, Virginia 23464 W/est of mtersect~on on Pnncess Anne Road looking East 3 outh of tntersectwn on Kempsvdle Road looktng South Introduction The Virginia Department of Transportation (VDOT) and the City of Virginia Beach welcomes you to the Citizen Information Meeting for the Princess Anne Road (Route 165)/Kempsville Road/Witchduck Road ~[ntersect~on Improvement project. The purpose of this C~t~zen Information Meeting is to provide the public or any person, acting on his/her own behalf or representing a group or governing body, an opportunity to offer comments or submit written mater~al concerning alternate intersection ~mprovement options. Representatives from VDOT, the C~ty of Virginia Beach, the design consultants, as well as members of the Citizen Advisory Committee, are present to discuss the project and answer your questions. We welcome your written comments, which may be provided on the comment sheet. Comment sheets are available in the reception and project presentation areas for your use. Project Location Project Location The Princess Anne Road/Kempsville Road/Witchduck Road Intersection I~es within the City of Virginia Beach approximately one mile south of the ~[-264/Witchduck Road interchange. This juncture of these two arterial roads provides interstate access to the Kempsville area of the city via Witchduck Road, provides passage through the area, and accommodates access to businesses, institutions, and residences in the area. ]~n the past th~s crossroads was the center for Princess Anne County government and the Town of Kempsville. On Princess Anne Road in the eastbound direction, there is currently one through lane, one shared right/through-lane, and one left- turn lane. in the westbound direction, there are two through-lanes, and a right and left- turn lane approaching the intersection. Heading southbound on Witchduck Road and northbound on Kempsv~lle Road, there are two through lanes and a left-turn lane, as well as a channelized right turn lane ~n each d~rection. This intersection currently does not have the capacity required to handle the existing traffic (LOS F--). Because of the inadequacy of the intersection geometry, traffic congestion ~s being experienced within this intersection and surrounding roadways. Project Background During the late 1980's, the Princess Anne Road/Kempsville Road/Witchduck Road Intersection was programmed for ~mprovement in the City of V~rg~n~a Beach's Capital improvement Program (C.]~.R). A traffic study, and conceptual plans were developed and presented to the citizens and C~ty Council. These concepts were presented at a public hearing held on March 25, 1987. Due to considerable opposition to those concepts, no further action was taken at that time and the ~ntersection ~mprovement project was removed from the C.[.R and not considered for over a decade. The City of V~rgin~a Beach re-~ntroduced improvements to th~s intersection ~nto the City C.[.P in Fiscal Year 1998-1999, C]~P #2-048. The C~ty Council, by resolution, requested that VDOT program a project to study improvement options, and complete design of the preferred option. Kimley-Horn and Associates was selected to conduct a feasibility study, including a traffic evaluation, alternative analys~s and facilitation of a Citizen Advisory Committee, in order to develop recommendations for improvement to the ~ntersection. Citizen Advisory Committee (CAC) In order to obtain a user's understanding of the problems that exist at this intersection, VDOT and C~ty staff organized a committee comprised of stakeholders that are local to the Princess Anne Road/Kempsv~lle Road/W~tchduck Road intersection. These members include nearby neighborhood civic leaders, church representatives, bus~ness representatives, commuters, and representatives of nearby community resources (e.g. schools, and ballflelds). This committee developed a mission statement "to advise representatives from the Virginia Department of Transportation and the City of Virginia Beach on a preferred alternative for consideration meeting the overall public needs to provide enhanced traffic capacity for the intersection. This preferred alternative should also incorporate the safety, integrity, and overall quality of life of the c~tizens that use this ~ntersection while maintaining the beautification of the surrounding area and preserving existing h~storic landmarks." This committee, chaired by Council Member Bob Mand~go, began meeting on March 14, 2001 and has conducted monthly meetings since its inception. Th~s committee provided insight into the problems with the intersection and its operation and problems with neighborhood cut-through traffic. In addition, they voiced their concern for maintaining the sense of community. Committee members were informed about the process of plan development, traffic analysis, environmental concerns, and the r~ght of way acquisition process. All of this information was presented to assist them in the development of viable alternates for ~mprovements to this intersection. Traffic Data and Design Criteria One of the initial elements conducted in this study was the collection of existing traffic data and the analys~s of the current intersection operations. Traffic counts on both roads were taken as well as counts of the turning vehicles at the intersection. These volumes were then used as a base-line for projecting the traffic volumes to the design year of 2026. These projections indicate that without any ~mprovements, the operation of this intersection will continue to fail in the future. The PM peak hour delay is anticipated to grow from 81.4 seconds to 183.9 seconds by 2026. This represents a 126% increase in the delay. With this additional delay, increased congestion will be experienced within the intersection and surrounding roadways. The traffic on the Princess Anne Road corridor, west of the intersection ~s anticipated to grow from 29,500 average vehicles per day to 33,500 average vehicles per day by 2026. East of the ~ntersection, traffic is projected to increase from 27,800 to 36,800. On Kempsvllle Road, the additional traffic would result in 36,900 vehicles per day, up from the existing count of 32,400 vehicles per day. Traffic on the segment of Witchduck Road north of the intersection is anticipated to grow from 31,000 to 40,200. In order to accommodate traffic volumes, the minimum laneage required for an at-grade intersection will be three through-lanes, two left-turn lanes, and one right-turn lane in each direction. If a grade-separation ~s constructed (one road bridging over the other) then the number of through-lanes could be reduced to two in each direction since the traffic going over the other road would not have to stop. AT ~,RADE INTERSECTION SIX LANE SECTION Alternative Analysis During the CAC meetings, the c~tizens developed numerous alternates. These alternates were then modified to provide safe alignments and adequate laneage for the projected traffic. Once the alternates had been laid- out on the drawings, ~mpacts to adjacent properties could be identified. These alternate alignments were then adjusted to avoid impacts to h~stoncal s~tes, and minimize impacts to other property and environmental concerns. Issues such as constructability and utility locations were considered ~n accounbng for the total ~mpacts of the alternates. The committee narrowed down the number of opbons to four, which are presented here at this meeting. These alternates were evaluated by the committee based on right of way cons~derabons, constructability, access, environmental ~mpacts, community concerns, and costs. There were two types of alternates that resulted from the Citizen Advisory Committee meetings. One is an at-grade intersection where the two roadways meet at a s~gnalized ~ntersecbon. The second type of alternate ~nvolves a grade-separation where one road crosses the other with a bridge. With th~s type of solution, traffic on one roadway ~s provided a free-flow movement through the ~ntersecbon and therefore, does not have to stop. Ramps allow traffic from the higher road to access the lower road through a signalized intersection under the bridge. Alternates A and B represent at-grade solutions, and Alternates C and D are grade-separated options. ALTERNATE A Alternate A ~s an at-grade ~ntersect~on that ~s s~m~lar ~n location to the ex~st~ng ~ntersect~on On Princess Anne Road, the w~denlng would occur to the south (to avoid a historic site on the north side of the street) I<empswlle Road and Wltchduck Roads would generally be w~dened to the east W~th this alternate, Kemps Landing Magnet School would not be d~splaced Additional right of way ~mpacts would occur along both corridors in order to allow for temporary pavement to be ~nstalled This additional pavement would allow traffic to be shifted to construct the new lanes and improvements in the location of the existing pavement COMMENT SHEET CITIZENS INFORMATION MEETING Princess Anne Road/Kempsville Road/Witchduck Road Intersection Improvements City of Virginia Beach January 9, 2002 VDOT Project No. 0165-134-107, PE-101 Name: Address: City, State, Zip Code: (Please Print) 1. Why do you use this intersection? (please circle) Resident School Recreation Other Commuter Business Church 2. How often do you travel through this intersection? 3 What time of day do you travel through it? 4. Do you believe this intersection is congested? 5. If so, how do you rate the congestion (e g. light, medium, heavy)? 6. Do you find other routes to avmd th~s lntersection9 7. If so, what streets do you use? 8 9. 10. Do you live in a neighborhood that is impacted by cut-through traffic? If so, do you believe that improvements to this intersection will reduce cut-through traffic in your neighborhood? In your opinion, what would improve the traffic flow at this intersection? 11. Are you in favor of an Intersection, or a grade-separation (one road going over another). 12. Of the four alternatives, which do you prefer9 (circle one) A B C D Please leave this comment sheet at the designated location, or mail it to the address on the reverse side WITHIN TEN DAYS. ALTERNATE B W~th th~s alternate, the ultimate location of the ~ntersect~on ~s sh~fted south approximately 600 feet Th~s w~ll relocate Princess Anne Road to a new alignment that w~ll prowde ~mproved geometry over the ex~st~ng alignment. The new corridor w~ll pass through a portmn of the Kemps Landing Magnet School, therefore, that building would be removed w~th th~s option. L~ke Alternate A, th~s is an at-grade ~ntersect~on w~th a trafhc s~gnal Constructing Princess Anne Road w~ll be eas~er and quicker since traffic could be maintained on the ex~st~ng pavement wh~le the new pavement ~s ~nstalled ~n ~ts new location / // / / / x ./ / .. / /' ./ ALTERNATE C The alignment of Alternate C is s~m~lar to Alternate B ~n that Princess Anne Road ~s sh~fted approximately 600 feet south. Th~s option, however, takes Kempswlle Road over the proposed Princess Anne Road providing a free-flow movement for northbound and southbound traffic This would require a raised section of Kempsv~lle Road to carry traffic over the bridge. Traffic on Kempswlle and W~tchduck Roads bound for Princess Anne Road would utilize ramps ending at a s~gnal~zed ~ntersect~on w~th Pnncess Anne Road to control through and turmng traffic / / // //--. J( ALTERNATE D Alternate D operates ~n a similar manner to Alternate C except that Princess Anne Road bridges over Kempswlle Road. The bridge crossing and intersection would still be relocated approximately 600 feet south of the ex~stmg intersection. In th~s alternate, Princess Anne road would be raised so east west through-traffic would not have to stop at the intersection. In both Alternate C and D, removing the volume of through traffic from the intersection allows the s~gnal to be timed to operate more effimently therefore decreasing the traffic delay w~thin the ~ntersectlon. _/ i Project Development Process Once the comments are received from this meeting, a preferred alternate w~ll be chosen. Design of th~s alternate will begin and another public meeting will be scheduled when the plans are approximately 30% complete. Public comment will be received at that point and the plans modified accordingly. The design process will continue until the plans are approximately 70% complete and a formal Public Hearing will be held. After all of the comments are considered, the City Council w~ll pass resolution on the preferred alternate and, if approved, the V~rg~n~a Commonwealth Transportation Board will consider the proposed improvements. Upon their approval, right-of-way acquisition and utility relocation w~ll begin. At the same t~me, final plans w~ll be completed. This is the anticipated schedule at this point in the project development: Design Public Hearing Begin R~ght-of-way Acquisition Advertise for Construction Early 2003 Summer 2003 Summer 2006 ! ! Traffic Data Collecbon , ~ I . . . . . . . . . . Traffic Analysis Ahgnm~t Opbons C~zens Advisory Commdtee Public involvement and General Public Landscape/St raetsca pe Opportumbes Structural Elements Summer 2003 City Council & Commonwealth Transportation Board Resoluhon - C~bzen Involvement Meebngs S~gnahzabon Elements Estimated Cost During the CAC process each alternative was considered w~th respect to community issues such as aesthetics, access to businesses, historic resources, and emergency vehicles access. Below is a matrix comparing the alternate's quantifiable considerations IMPACT AND COST MATRIX PRINCESS ANNE ROADIKEMPSVILLE ROAD/WITCHDUCK ROAD INTERSECTION ALTERNATE ELEMENTS A B C D RIGHT OF WAY Residences 9 1 I 6 Commercial Buildings 26 29 34 17 Community Bulldln~ls I 4 4 2 Propert,es Impacted 59 34 49 43 CONSTRUCTION TIME (months) 36 24 42 42 TRAFFIC OPERATION (LOS)* D D C C COSTS (in 2001 Dollars) Construct]on $12,300,000 $11,900,000 $23,100,000 $23,100,000 R~lht of Way $17,000,000 $27,000,000 $28,500,000 $28,500,000 Ubl~ Relocabon $1,000,000 $1,000,000 $1,000,000 $1,000,000 TO TA L $30,300,000 $39,900,000 $52,600,000 $52,600,000 * Level of Se~ce(LOS) ~s a method of anal=ng an ~nterse~on's traffic operation's traffic operation wtth LOS "A' being the best operation, and LOS 'F" being a fal~ng operat,:m, or the worst level The ex~sl~ng level of service ~s considerably less than "F" As traffic demands increase ~t will continue to get worse Written Comments Comment sheets are available in this handout, the reception table, and in the project presentation areas for you use. You may leave the comment sheet in the comment box or you may ma~l it to VDOT. Comments or questions should be mailed to VDOT within ten days. Please ma~l your comments to the following address: Mr. J.C. Cleveland Hampton Roads District Administrator Virginia Department of Transportation 1700 North Main Street Suffolk, Virginia 23434-4.322 Questions concerning VDOT's procedures of policies of obtaining right of way should be directed to: Mr. O.W. Will~ams Hampton Roads District Right-of-Way and Utilities Manager Virginia Department of Transportation 1700 North Ma~n Street Suffolk, V~rginia 23434-4322 Phone (757) 925-2527 -8- CITYMANAGER'S BRIEFING TIDEWATER COMMUNITY COLLEGE EXPANSION 3:46 P.M. ITEM #48946 The Ctty Manager dtstrtbuted an arttcle tn the Vtrgtman-Pdot November 21, 2001 entttled "Demand to exceed space at Virginia Colleges by 2010 - ODU, TCC among those facing biggest gap between enrollment demand and capacity" The Ctty Manager stated "The report dtd notprovtde school-by-school figures, but tt hsted OM Dommton Untversity and Ttdewater Commumty Colleges among the schools hkely to face the btggest gap between enrollment demand and capactty" The Ctty Manager dtstrtbuted the Pohcy Report - Partnership to Implement Tidewater Community College Virginia Beach Campus' Strategic Plan The Ctty and TCC have htstortcallypartnered for the development of the Vtrgmta Beach Campus Followmg creatton of the Vtrgtnta Communtty College System tn the 1960s, TCC opened tts I/trgtnta Beach Campus tn the Fall of 1971 In May 1996, a Memorandum of Understanding was developed and stgned that reflected the Ctty's commttment for stte tmprovements at the TCC campus (see Appendtx B) Generally, the ctty has provtded fundmg for land, stte preparatton (beyond five feet from butldmgs), parking lots, constructton of outdoor hghttng and other appurtenances TCC has now completed a strategtc plan and has further defined tts vtston for the Vtrgtma Beach Campus That plan ts summartzed tn a letter dated May 7, 2001, from the Prestdent of the College, Deborah M DtCroce (see Appendix C) Htghhghts from that letter and related matertals were provtded by TCC and Ctty staff The Virginia Beach Campus served 17,000 students during the 2000-2001year. Over 40% of Virginia Beach residents enrolled in higher education in Virginia are enrolled at TCC The campus' growth was the greatest of TCCs four campuses and constituted 45% of the total growth of the college. The campus has a space deficit of 130,541 assignable square feet and will have, after the Advanced Training Center (ATC) opens, a space deficit of more than 100,000 net assignable square feet. Given the continuing growth of the campus studentpopulation, the success of the OD U- NSU Center, the city's aspirations for the academic village and commercial development of the Princess Anne Corridor, speedy acquisition of adjacent parcels is suggested. Phased City support for additional TCC instructional spaces through the Capital Improvement Budget is suggested. Support is proposed for a Sciences Building, Workforce Development Center, Learning Resources Center expansion, Student Center, retrofitting older buildings, and a Health Science Center, as well as several small projects intended to support ADA, safety and storm water projects. Appendtx D deptcts the Tidewater Community College map The Ctty's commttment for lmplementatton of TCC's strategtc plan falls tnto two categortes, stte tmprovement and land acqulsttlon Site Acquisition In furtherance of the Ctty's plan for the Prtncess Anne Commons and TCC's Strategtc and Master Plans, the ctty also agrees to use tts best efforts to purchase properttes or obtatn an optton for the properties labeled as Parcel A, Parcel B, Parcel C, Parcel E, Parcel F and Parcel G as outhned on a map entttled Ttdewater Communtty College (dppendtx D - prepared by the Ctty's Center for GIS) The Ctty reserves the right to exclude condemnattons as an optton The followtng table denotes the property GPIN number, zontng class~catton and current assessment for each IgroI~erty Property ~ GPIN Zoning Classification Assessment Value* ParcelA & B 1485-34-9414-0000 B-2 $1,534,835 Parcel C 1485-44-2154-0000 B-2 $ 687,900 Parcel E 1485-65-6406-0000 PD-H1 $ 240, 733 Parcel F 1485-74-1738-000 R-SD $ 142, 650 Parcel G 1485-74-3285-0000 R-SD $ 636,300 $ 3,242,418 The TCC six-year capital plan represents a 6 to 1 ratto tn State tnvestment compared to Ctty tnvestment at the Vtrgmta Beach campus (dependmg on final land costs) All fundmg commttments are subject to Ctty Counctl approprlatton November 27, 2001 -9- CITYMANAGER'S BRIEFING TIDEWATER COMMUNITY COLLEGE EXPANSION ITEM #48946 (Continued) The Ctty wtll provMe stte tmprovements (subJect to Ctty Councd approprtatton) The May 1996 Memorandum of Understandmg and the Term Sheet asststed wtth a major mtttattve for the Strategic Plan of TCC The followmg table descrtbes the stte tmprovements and each party's relattve commttment SITE IMPR 0 VEMENTS AND COMMITMENT Project Sctences budding (80, 000 square feeO Workforce Development Center wtth Defined Regtonal Ntche (40, 000 square feeO Note thts project would not be funded uin the mx-year CIP, but ts anttctpated to be funded tn the out years of the CIP Learmng Resource Center Expanston (50, 000 square feet) Student Center (30, 000 square feet- non-general funds) Regtonal Health Sctence Center (65, 000 square feet -Phase 0 Regtonal Health Science Center (40, 000 square feet- Phase II) Retrofitttng Stx Oldest Bulldtngs (114, 000 square feet) Completton of Rtng Rod currently budgeted tn CIP Brtdge Connecttng A TC to West &de of Campus (ADA Access) Thtnntng woodland area between Advance Technology Center (A TC) and OD U/NSU Eroston Control-Storm Water Retentton Pond TCC Costs of Butldings $ 17,218,000 $ 6,184,000 $ 7,512,000 $ 5, 790,000 $ 13,652, 000 $ 8,642, 000 $ 14,081,000 Vtrgtnta Beach Costs for Stte Improvements $ 1,545, 000 $ 1,800,000 $ 588,000 $ 1,504000 $ 800,000 $ 750,000 $ 1,165,000 $ 24~000 $ 104000 $ 16o, ooo TOTAL COSTS $ 73,079,000 $ 8,657,000 The City Manager advtsed the total project wouM be approxtmately $85 to $90-MILLION This would entail a 6 to 9-yearprocess Interestedparttes wtll be able to provtde comment during the Ctty Council Sesston of December 4, 2001 A resolutton endorsmg the TCC/Ctty partnershtp and the Term Sheet descrtbmg each party's responstbdtttes couM be scheduled for the Ctty Councd Sesston of December 11 or 18, 2001, City Counctl Sesston The Ttdewater Communtty College Board ts currently meeting and constdering the Resolutton endorsing concepts of the Strategtc and Master Plans TCC ts relattvely a commuttng campus Concerntng a pedestrian cross-over, the City ts worktng wtth TCC to determme a locatton for a cross-over connectton Approxtmately $500,000 of reversion funds has been set astde by the School Board for purposes of destgn and plannmg Thts ts a major structure Coptes of the detatled map deptcttng all the parcels relattve Ttdewater Communtty College wtll be provtded The strategtc plan was suggested as a toptc for the City Page November 27, 2001 -IO- CITY MANA GER 'S BRIEFING TO WN CENTER TERM SHEET 4:58 P.M. ITEM g4894 7 The Ctty Manager dtstrtbuted a copy of the Revised Master Plan of The Town Center Phase II, accompamed by a Fact Sheet wtth esttmated square footages and parktng spaces The Term Sheet shall be scheduled for the Ctty Counctl Sesston of December 4, 2001 The Ctty Manager shall provtde the progresston of the Town Center Development tncludtng revenues and tnvestments generated The Ctty Manager shall dehneate the area east of Constitution Drtve as not betng a part of the Town Center development and as betng completed November 27, 2001 -11- ,4 GEND'4 RE VIE W SESSION 4:25 P.M. ITEM #48948 J1 Ordtnance to ,4UTHORIZE the acqutsttton of Agrtcultural Reserve Preservatton (,4RP) easements and the tssuance of tts contract obhgattons (DISTRICT 7- PRINCESS ANNE) Thomas G. and Rebecca D. ,411en 34 56 Acres $129,582 Installment Purchase Agreement No 2001- 42 Councd Members Eure and McClanan wdl vote a VERB,4L N,4 Y on this item ITEM #48949 J2 Ordtnance to estabhsh the boundartes, names andnumbers of the Ctty of Vtrgtma Beach's seven restdence dtstrtcts according to Ctty Code 3~ 24 2-304 2, whtch provtdes that localities must reapportion local election districts after each decennial census, and, City Charter 3~ 3 O1 whtch provtdes that the city shall be dtvlded into seven residence districts of approximately equal population Speakers are regtstered and this ttem wtll be dtscussed during the Formal Sesston ITEM # 48950 J3 Ordinance to AMEND the Ctty Code by ,4DDING ~ 2-23 re City Council and School Board Elections taktng place on the first Tuesday in November, begtnmng tn November 2002 (Sponsored by Mayor Meyera OberndorJ) Speakers are registered and this item will be dtscussed durtng the Formal Sesston ITEM # 48951 d 8 Resolution to support and endorse regtonal effort to attract a National Basketball ,4ssociation (NB,4) league team to the Hampton Roads regton and encourage our ctttzens and business communtty to do hkewlse (Removed from 11/13/01 agenda) (Sponsored by Councd Lady Wtlson) Thts Resolutton has been AMENDED and will be read by Councd Lady Wdson durtng the Formal Sesston Council Lady Wtlson expressed appreclatton to Counctlman Jones for hts asststance Counctlman Harrtson advtsed relattve the Mayor's suggestton concerning endorsement from the Hampton Roads Partnership for the Conventton Center Councdman Harrtson spoke wtth representattves concerntng the NBA Resolution and the destre to have the Partnershtp endorse the Convention Center expanston The members thought thts wouM be appropriate to the Partnershtp and clearly a major economic development acttvtty for tourtsm Although, he does not have the abdtty to commit the Partnership, Councdman Harrtson beheved he had an tndlcatlon they wouM endorse the Conventton Center, tf requested Mayor Oberndorf referenced correspondence recetved from dtmmy Eason expressing apprectatton for scheduhng the Resolution to support and endorse regtonal effort to attract a Nattonal Basketball Assoclatton (NBA) league Council Lady Eure wished the record to state, the City Counctl ts antlctpattng a Resolution m support of the Conventton Center from the Hampton Roads Partnership November 27, 2001 - 12- AGENDA RE VIE W SESSION ITEM #48 740 ITEM # 48952 BY CONSENSUS, the followmg shall compose the CONSENT AGENDA: ORDINANCES/RES OL UTION J1 Ordinance to AUTHORIZE the acqulsltton of Agricultural Reserve Preservatton (ARP) easements and the issuance of its contract obhgatlons (DISTRICT 7 - PRINCESS ANNE) a Thomas G. andRebecca D. Allen 34 56 Acres $129,582 Installment Purchase Agreement No 2001- 42 J4 Ordinance to ACCEPT a $70,676 grant from the U S Department of Justice and APPROPRIATE $65,835 to the FY 2001-02 operating budget of the Police Department and $4,841 to the FY 2001-02 operating budget of the Shertff's Department repurchase of bulletproof vests, and, estimated revenue from the federal government be increased accordingly J5 Ordinance to TRANSFER $3,730 from the General Fund Reserve for Contingencies to the Water and Sewer Fund for the costs associated wtth the construction of the Greater Hampton Roads, "St. Jude Dream House," at Largo Mar as a charitable gtft to St Jude Children's Research Hospital (Sponsored by Vice Mayor Wdham Sessoms, Jr) J7 Ordinances to authorize temporary encroachments into city- owned property at Crab Creek (DISTRICT 5 - L YNNHA VEN) Into the right-of-way known as Lynnhaven Promenade to Amanda Smith at 2088 Tazewell Road re constructing and matntalnlng a wooden pier and dredging Into the right-of-ways known as Piedmont Circle and Lynnhaven Promenade to John P. Madden and Linda G. Gleason at 2090 Tazewell Road re construction and malntatntng a wooden pier, boat hft, mooring piles and dredging Council Members Eure and McClanan will vote a VERBAL NAY on Item J 1 a November 27, 2001 - 13- AGENDA RE VIEW SESSION ITEM # 48953 K 1 RECONSIDERATION: PA UL C. LOWNfor a Condtttonal Use Permtt re a restdential multtple famd_¥ dwelhng (3 umts) on Lot 10, Block C, Lynnhaven Beach, on Urchin Road and Ocean Avenue, containing 7, 500 square feet (DISTRICT 5 - L YNNHA VEN) Thts ttem wdl be dtscussed durtng the Formal Sesston ITEM # 48954 K3 Peattons of UNITED JEWISH FEDERATION OF TIDEWA TER for the dtsconttnuance, closure and abandonment of (DISTRICT 2 - KEMP S VIL L E) a Katte Brown Drtve north of Morrts Avenue, contatmng 36,341 square feet b Morrts Avenue south of Katte Brown Drtve, contatmng 29, 544 square feet Councd Lady McClanan understood the billboard wouM be removed Vtce Mayor Sessoms advtsed thts was not the case The Ctty Attorney advtsed he was not aware of the gates on the public streets Someone is encroachtng on Cttyproperty unless the gates belong to the Ctty Councdman Mandtgo advtsed these gates were tnstalled because of the crtme on the weekends and mghts The Pohce Department Installed these several years ago The Ctty Manager shall provtde clartficatton The Ctty Attorney advtsed Councd Lady Eure the legal papers are now tn comphance ITEM # 48955 K 4 Apphcatton of CITY OFREFUGE CHRISTIAN CHURCH OF VIRGINIA BEACH for a Condtttonal Use Permtt for church servtces and church related acttvtttes at the southeast corner of Holland Road and Stoneshore Drtve (3420 Holland Road), contatnmg 1 363 acres (DISTRICT 3 - ROSE HALL) Councd Lady McClanan wtshed the conditton added "The Condtaonal Use Permtt shah be for three (3) ,, years ITEM # 48956 d6 Apphcatton of OCEAN BAY VENTURES, L.L.C., a Vtrgtnta Ltmtted Ltabthty Corporation, for a Change of Zontng Dtstrtct Classt_ficatton from I-1 Ltght Industrtal and R-SD Restdenttal Duplex Dtstricts to Condtttonal A-24 Apartment Dtstrtct on the northwest corner of the Norfolk & Southern Radroad rtght-of- way and Cypress Avenue, contatntng 2 89 acres (DISTRICT 6 - BEACH) Councdman Branch requested thts ttem be DEFERRED INDEFINITELY The Planntng Staff ts worktng wtth the apphcant concerning vartous tssues, tncludmg denstty and archttectural destgn ITEM # 48957 J 7 Apphcatton ofALICIA A. MAHAR for a Change of Zoning District Classtficatton from R-20 Restdenttal Dtstrtct to Condtttonal AG-2 Agrtcultural Dtstrtct on the north stde of Prtncess Anne Road, west of Newstead Drtve (2186 Prtncess Anne Road), contatning 1 633 acres (DISTRICT 7 - PRINCESS ANNE) Councd Lady Henley advtsed thts ts to allow for the boardtng of one (1) horse November 27, 2001 K8. - 14- AGENDA RE VIE W SESSION ITEM # 48958 Ordtnance to AMEND 3~502 of the Ctty Zontng Ordtnance (CZO), reducing rear and side yard setback reqmrements for certam accessory structures tn all restdenttal zontng dtstrtcts, increasing rear yard setback requtrements for duplex and semtdetached dwelltngs tn R-5R Restdenttal Dtstrtcts, estabhshtng a maximum limitation on impervious surface coverage for smgle-famtly, duplex and semidetached dwellings tn the R-5R Restdenttal Dtstrtct and, including garages tn the determmatton of floor area ratto for duplex and semtdetached dwelhngs tn R-5R Restdenttal Dtstrtct K 90rdtnance to establish Transition Rules for amendments to the R-SR Restdenttal Zontng Dtstrtcts and for accessory structures tn ALL Restdenttal Zontng Dlstrtcts Councilman Harrtson advtsed restdents of the North End Clvtc League support thts Ordinance If there are no speakers tn OPPOSITION, these items wtll be ADOPTED, BY CONSENT ITEM # 48959 BY CONSENSUS, the following shall compose the PLANNING B Y CONSENT AGENDA: K2 Apphcatton for a MODIFICATION OF CONDITION NO. 1 on the June 8, 1999 approved Conditional Use Permtt for LONDON BRIDGE BAPTIST CHURCH re church addition at 2460 Potters Road, containing 25 435 acres (DISTRICT 6- BEACH) K3 Petitions of UNITED JEWISH FEDERATION OF TIDEWATER for the disconttnuance, closure and abandonment of (DISTRICT 2 - KEMP S VIL L E) a Katie Brown Drive north of Morris Avenue, contatnlng 36,341 square feet b Morrts Avenue south of Katie Brown Drtve, containing 29,544 square feet K4 Apphcation of CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINIA BEACH for a Condtttonal Use Permtt for church servtces and church related actlvtties at the southeast corner of Holland Road and Stoneshore Drive (3420 Holland Road), contatnlng 1 363 acres (DISTRICT 3 - ROSE HALL) K5 Apphcation of A VIS RENT-A-CAR SYSTEM, INC. -ANNE LO MONACO for a Condtttonal Use Permit for motor vehicle rentals at the northwest corner of Rosemont Road and Vtrglnla Beach Boulevard (3664 Vtrglma Beach Boulevard), containing 18,295 2 square feet (DISTRICT 5 - L YNNHA VEN) K6 Application of OCEAN BAY VENTURES, L.L.C., a Vlrgtnta Ltmtted Ltabtltty Corporatton, for a Change of Zoning Dtstrtct Classtficatlon from I-1 Light Industrtal and R-5D Restdenttal Duplex Dtstrtcts to Conditional A-24 Apartment Dtstrtct on the northwest corner of the Norfolk & Southern Ratlroad rtght-of- way and Cypress Avenue, containing 2 89 acres (DISTRICT 6- BEACH) November 27, 2001 - 15- AGENDA RE VIEYY SESSION ITEM # 48959 (Continued) K7 Apphcatton of ALICIA A. MAHAR for a Change of Zoning Dtstrtct Classt_ficatton from R-20 Restdenttal Dlstrtct to Condtttonal AG-2 Agrtcultural Dlstrtct on the north side of Prtncess Anne Road, west of Newstead Drtve (2186 Prtncess Anne Road), contatntng 1 633 acres (DISTRICT 7 - PRINCESS ANNE) K8 Ordtnance to AMEND 3~502 of the Ctty Zontng Ordinance (CZO), reducing rear and side yard setback requirements for certam accessory structures tn all restdential zomng dtstrtcts, increasing rear yard setback requtrements for duplex and semtdetached dwellings tn R-5R Restdenttal Distrtcts, estabhshtng a maximum limitation on impervious surface coverage for smgle-famdy, duplex and semtdetached dwellmgs tn the R-5R Resldenttal Dtstrtct and, including garages tn the determmatton of floor area ratto for duplex and semtdetached dwellmgs tn R-5R Restdenttal Distrtct K9 Ordinance to establish Transition Rules for amendments to the R-SR Residential Zoning Districts and for accessory structures tn ALL Restdenttal Zoning Dtstrlcts Item K 4 wtll be APPROVED, BY CONSENT, for three (3) years Item K 6 wdl be presented for DEFERRAL INDEFINITEL Y, B Y CONSENT November 27, 2001 -16- CITY COUNCIL COMMENTS 4:30 P.M. ITEM # 48960 Mayor Oberndorf referenced the proposed LANDSTOWN-WEST LANDING 230,000 volt transmission line project through forested wetlands, assoctated wtth the North Landing Rtver and West Neck Creek (Courthouse Estates) Mayor Oberndorfhas recetved a call from the Chatrman of the Assoctatton advising new evtdence is to be introduced whtch should make a dtfference to the State Corporation Commtsston Councd Lady Henley referenced petitions received tn OPPOSITION to Domtmon Virginia Power 's plans to construct tts proposed LANDSTOWN- WEST LANDING volt transmission hne project Councd Lady Henley dtstrtbuted these pettttons durtng the Ctty Councd Sesston of November 13, 2001 The property owners were not aware thts major transmtsston hne was to be built when thetr homes were purchased Thts hne was permttted tn the early 1990's prtor to the budding of the netghborhood Dommton Power ts planmng constructton of this hne for 2003 The residents are requesttng the Ctty, tf at all posstble, to tntervene and have the hne moved away from Courthouse Estates They are requesttng the Ctty not convey property necessary to budd the transmtsston hne in City owned property near the Landstown substation Deputy Ctty Attorney Wdham Macah advtsed the State statute states a Corporation, such as VEPCO whtch has the power of eminent domain, and with the permission of the State Corporation Commission, can condemn propertyfrom another corporation which has the power of eminent domain and this includes the City VEPCO wouM have tojusttfy the easement being necessary for thelr facdlty and the City did not need the land unencumbered by an easement The City has been sdent all these years The restdents of Courthouse Estates have advised evidence of a material misrepresentation, which was involved tn granting the permtt in 1992 If this ts the case, there ts a statute for the Commission to reopen the case The Certificate of Convenience and Necessity may be amended, revoked or modtfied However, the City Attorney's office does not beheve the City wouM be able to prevent Dominion Power from acquiring the property by condemnation Deputy City Attorney Macah stated VEPCO has advised the City they intend to go forward wlth the hne as permltted and have made considerable investments for the easements contiguous to Courthouse Estates However, they have not received their wetlands permits from the U S Army Corps of Engineers for the Jarvls Road terminus Councd Lady Eure beheved all parcels of property wtth power hnes, dedtcated and not developed shouM be noted on the stte plats, as well as those properttes that have major htghways such as Southeastern Greenbelt and Parkway Councd Lady Eure advtsed thts ts clearly dehneated on thts parttcular parcel of land that thts ts a power hne right-of-way, but she wtshes to be assured a dtsclosure ts made when property is transferred Deputy City Attorney Macah advtsed restdents do not typtcally revtew plats of the subdtvtslon This concept shall be revtewed Mayor Oberndorf advtsed the restdents spoke wtth Delegate Robert McDonnell, who advised hts law firm represents, Vtrgtnta Domimon Power on certatn occastons Delegate McDonnell made the suggestton the ctttzens couM request the Ctty Councd not to gtve the easement through Prtncess Anne Commons and she dtd not beheve he advtsed these restdents that Vtrgtnta Domtmon Power stdl has the power of condemnatton Deputy Ctty Attorney Macah advtsed he had been tnformed VEPCO offered to buy back the property of certatn homeowners and some dtd accept the offer. Councd Lady Henley referenced tnformatton provtded by the Office of the City Clerk Vtrgtnta Power recetved a Condtttonal Use Permtt for the substatton on Jarvis Road, tn the early 1990's Vtrgtma Power proceeded to purchase that site In 1989, thts tssue first came up and restdents tn the West Neck area were aware Council Lady Henley attended meettngs wtth these restdents There were also residents tn attendance durtng these meettngs, where the Substatton was tmttallyproposed to be located and Vtrgtma Power moved tt from that locatton to another ITEM # 48961 Councd Lady Eure requested a Verbatim(s) be provided tn the forthcomtng agenda package for ttems whtch have been DEFERRED, RECONSIDERED, OR MODIFIED by Ctty Councd. There was consMerable debate on the Paul C. Lown proposal and verbattm informatton wouM have been benefictal for reconstderatton of thts ttem These Verbattms would be enclosed wtthm the Agenda adjacent to the apphcatton when thts parttcular ttem ts later scheduled for Ctty Councd November 27, 2001 -17- ITEM it 48962 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the City Council Conference Room, City Hall Building, on Tuesday, November 27, 2001, at 500PM Council Members Present Ltnwood 0 Branch, IIL Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R `iones, Reba S McClanan, Robert C Mandigo, ,Ir, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor l, Vdhams D Sessoms, ,Ir and Rosemary Wdson Councd Members Absent None November 27, 2001 - 18- ITEM ii 48963 Mayor Meyera E Oberndorf entertamed a morton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgmta, as amended, for the followlng purpose PERSONNEL MA TTERS Dtscusston, constderatton or tntervtews of prospective candidates for employment, assignment, appointment, promotton, performance, demotion, salartes, dtsctpllnmg, or restgnatton of spectfic publtc officers, appotntees, or employees pursuant to Section 2.1-344 (A) (1) To }Vtt Appotntments Boards and Commtsstons Board of Zontng Appeals Communtty Services Board Human Rights Commtsslon Plannmg Commlsston Virginia Beach Community Development Corporatton PUBLICLY-HELD PROPERTY Dlscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposltton of pubhcly-heM real property, where dtscusston tn an open meeting wouM adversely affect the bargatntng posttion or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) Agricultural Reserve Program - Princess Anne Dtstrtct- two acqutstttons LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatmng to actual or probable httgatton, or other spectfic legal matters requesttng the provtslon of legal advtce by counselpursuant to Section 2 1-344(A)(7) Argos Properties, LLC v City of Virginia Beach Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl voted toproceed mto CLOSED SESSION. Vottng 11-0 Councd Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, }Vtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlhams D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None (Time of Closed Session: 5:00 P.M. to 5:45 P.M.) November 27, 2001 -19- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL November 27, 2001 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Cay Hall Butldtng, on Tuesday, November 27, 2001, at 6 O0 P M Councd Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wllhams D Sessoms, Jr and Rosemary Wdson Councd Members Absent None INVOCATION Reverend Angehto Samson Prtncess Anne Plaza Umted Methodtst Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovla Bank, DISCLOSED there were no matters on the agenda m which he has a "personal interest", as defined tn the Act, either mdlvtdually or tn hts capacity as an officer of Wachovia Bank which recently merged with First Umon National Bank The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest tn any apphcatlon that may come before Cay Counctl Vtce Mayor Sessoms' letter January 2, 2001, ts hereby made apart of the record November 27, 2001 Item VI-E - 20- CER TIFICA TION OF CLOSED SESSION ITEM # 48964 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meeting requtrements by Vtrgmta law were dtscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton convemng the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach Ctty Counctl Vottng 11-0 Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlltam W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor V?tlhams D Sessoms, Jr and Rosemary Wtlson Counctl Members Voting Nay' None Counctl Members Absent None November 2 7, 2001 Beso u on 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 # 48963, page 18, 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 govermng body that such Closed Session was conducted in conformity with Virgima law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only pubhc 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 bhsiness matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. R~uth Hodges~Smith, MMC City Clerk November 27, 2001 Item VI-F. 1. - 21 - MINUTES ITEM ii 48965 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Mandtgo, Ctty Councll APPROVED the Mmutes of the INFORJklAL AND FOR3~AL SESSIONS of November 6 and November 13, 2001. Voting 10-0 Counctl Members Vottng Aye Llnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wllham D Sessoms, Jr and Rosemary Wtlson Council Members Vottng Nay None Counctl Members Abstatnlng. Wtlham W Harrtson, Jr Council Members Absent None Councilman Harrtson ABSTAINED as he was not tn attendance during the Ctty Council Sessions of November 6 and November 13, 2001, due to a heavy legal calendar and hts famtly vacation November 27, 2001 - 22 - Item VI-G.I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 48966 BY CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION November 27, 2001 - 23 - Item VI-H. 1. MA YOR 'S PRESENTATION ITEM# 48967 Mayor Oberndorf recogmzed Dr. Hiroyuki Hamada Japan Education Culture Center, Inc Dr Hamada advtsed thts past November 1, 2001, Mayor Oberndorf parttclpated as the keynote speaker tn the first Live Tele-Conference with Miyazaki Japan tn the mtddle of the mght (2 O0 -3 O0 A M), while most of our cmzens were asleep Thts 63rd Conference was sponsored by Japan Mayor's Association, Tokyo Municipal Research Society, Japan Urban League and the City of Miyazaki The theme of thts mdestone conference was to budd the opttma commumty through volunteers M~yazakt Ctty has been worktng very hard to model our program tn Vtrgtma Beach Dr Hamada expressed apprectatton to Mayor Oberndorf Mary Russo, Volunteer Co-ordtnator, Ruth Hodges Smith, City Clerk, and enthustasttc Volunteer Councd Members, who have made major dtfferences tn Mtyazakt, Japan Instead of travehng to Japan, Mayor Oberndorf sent her keynote speech created by VBTVand thetr outstandtng ctty vtdeo servtce Thts hve tele- conference was successfully conducted wtth 2000 parttctpattng delegates from all over Japan A book has been pubhshed compthng the crtttcal tnformaaon submttted by the key presenters, lnci'udtng untverstty professors, volunteer leaders and Mayors across Japan This program and vtdeo wdl be part of the record for the Mayor's Stster Ctty Commtsston Instant Vlstbthty has been created tn Japan. Governor Matsukata, Mtyazakt Prefecture, Mayor Tsumura, Mtyazakt Cay, Chairman Takahtde, Japan Mayors' Assoctatton wtsh to express thetr deepest gratttude to Mayor Oberndorf and the City for their great asststance and cooperatton Mayor Oberndorf's honorarium of 200, 000 Yen, whtch wdl be approxtmately $1,600, ts enroute and wdl be donated to the Virginia Beach Volunteer Rescue Squad. November 27, 2001 Item VI-H. 2. - 24 - MA YOR 'S PRESENTATION ITEM# 48968 Mayor Oberndorf advtsed there was a special martial arts celebration, Dai Nippon Butolcu Kai & Ecka, at Old Dominion University Part of the celebratton was the presentation of checks Mayor Oberndorf was presented an honorarium tn the amount of $1,000 whtch she recetved on behalf of the Vtrgtnta Beach Rescue Squad Bill Laws President Virginia Beach Rescue Squads Association Thts honorartum ts on behalf of Dr. HiroyuM Hamada, in honor of- Dai Nippon Butoku Kal & Ecica and the Honorable Mayor Meyera E. Oberndorf Mr Laws advised the EMS Memorial has commissioned a T-shtrt which was presented to the Mayor, Vice Mayor and Dr Hamada Thts shtrt represents the Nattonal EMS Memortal and the fallen comrades lost tn the September Eleventh terrortsts tragedy November 27, 2001 - 25 - Item VI-I. 1. PUBLIC HEARING ITEM # 48969 Mayor Meyera E Oberndorf DECLARED A PUBLIC HEARING: A GRICUL TURAL RESERVE PROGRAM (ARP) - District 7- Princess Anne 34.56 Acres - 629 Princess Anne Road There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING November 27, 2001 - 26 - Item VI-I 2 P UBL IC HEA RING ITEM # 489 70 Mayor Meyera E Oberndorf DECLARED A PUBLIC HEARING: REDISTRICTING Dr Marlene Hager, Voter Registrar, advtsed, durtng the past two weeks, whde worktng wtth the Ctty Attorney's Office and Ktm Brace - Electron Data Servtces, a few technical adjustments **,ere suggested to the boundary hnes for Dtstrtcts 1, 2 and 3 These adjustments wdl asstst the Voter Regtstrar's office tn future years re the various electron dtstrwts The following regtstered tn SUPPORT Brtan Ktrwtn, 304 Crtpple Creek Court 23452, Phone 463-0399, spoke tn support of the "2001 Plan "and comphmented the Mayor, City Council and staff for the truly Inclusive and exemplary process The following registered to speak tn OPPOSITION: Georgia F Allen, 4405 Runny Brook Drive, Phone 687-3171 -Chatr, Community Coahtlon for a Better Vlrglma Beach, supported the 11-Single Member District Plan and 10-Smgle Member District Plan Henry Ryto, 864 OM Vtrgtma Beach Boulevard 23451, Phone 428-2 763 Maxlne Graham, 3057South Sandpiper, 2202 Venice Court (Dec 1)Phone 721-3000, wtshed thepresent system to remain She stated her opposition to a "}Yard" system There being no further speakers, Mayor Meyera E Oberndorf CLOSED THE PUBLIC HEARING. November 27, 2001 -27- Item VI-J ORDINANCES/RESOL UTION ITEM # 489 71 Upon motion by Vice Mayor Sessoms, seconded by Counctlman Branch, Cay Counctl APPROVED IN ONE MOTION, Ordtnances 1, 4, 6 and 7a/b of the CONSENTAGENDA. Vottng' 11-0 (By ConsenO Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Ivtlham tV Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor IVtlham D Sessoms, Jr. and Rosemary IVilson Counctl Members Vottng Nay' None Council Members Absent None Counctl Lady Eure and McClanan voted a VERBAL NAY on Item 1 (Allen APR) November 27, 2001 - 28 - Item VI-J 1. ORDINANCES/RESOL UTION ITEM # 489 72 Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Council ADOPTED: Ordtnance to AUTHORIZE the acqutsttton of Agrtcultural Reserve Preservatton (ARP) easements and the tssuance of tts contract obhgattons (DISTRICT 7 - PRINCESS ANNE) Thomas G. and Rebecca D. Allen 34 56 Acres $129,582. Installment Purchase Agreement No 2001- 42 Voting 9-2 (By Consent) Council Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M. Henley, Louis R. Jones, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wilson Counctl Members Vottng Nay Margaret L Eure and Reba S McClanan Council Members Absent None November 27, 2001 AN ORDINANCE AUTHORIZING THE ACQUISITION (DF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $129,582 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, pursuant to the Agricultural Lands P~eservatlon Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Council, a summary of the mater~al terms of which is hereto attached, and a true copy of which is on file in the City Attorney's Off~ce) for the acquisition of the Development R~ghts (as defined in the Installment Purchase Agreement) on certain property located in the City and more fully described ~n Exhibit B of the Installment Purchase Agreement for a purchase price of $129,582; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and an complmance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The C~ty Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance, and the C~ty Manager or his designee is hereby authorized to approve, upon or before the execution and 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 delivery of the Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 4.75% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the C~ty to fund such unpaid pr~ncmpal balance; provided, however, that such rate of interest shall not exceed 6.75% unless the approval of the City Councml by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are no defects in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his deszgnee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions whzch do not materzally alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the C~ty to, and attest same on, the Installment Purchase Agreement. The Cmty Council expressly authorizes the incurrence of the indebtedness represented by the ~ssuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Fmnance Act of 1991 and hereby 66 67 constitutes the indebtedness a contractual obligatLon bearing the full faith and credit of the City. 68 69 70 71 72 73 74 75 76 Adopted by the Council of the City of Virgznia Beach, Virginia, on this 27th day of November , 2001. Adoption requires an affirmative vote of a majority of all members of the City Council. CA-8283 wmmkallenord, wpd R-1 October 23, 2001 77 78 79 8O APPROVED AS TO CONTENT' A~ri~ulture Deparlment APPROVED AS TO LEGAL SUFFICIENCY' Law Department 81 82 83 C~ED AS TO AVAILABILITY OF FUNDS' AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2001-42 SUMMARY OF MATERIAL TERMS SELLER: Thomas G. and Rebecca D. Allen PROPERTY LOCATION: 629 Pnncess Anne Road PURCHASE PRICE: $129,582 EASEMENT AREA: 34 56 acres, more or less DEVELOPMENT POTENTIAL: 4 single-family dwelhng building sites (3 acquired) DURATION: Perpetual INTEREST RATE: Equal to y~eld on U.S Treasury STRIPS acquired by City to fund purchase price, but not less than 4.75% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.75% without approval of City Council TERMS: Interest only twice per year for 25 years, with payment ofpnnclpal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery oflPA ARP Boundary Line Under Consideration Item VI-J. 2. - 29 - ORDINANCES/RES OL UTION ITEM # 489 73 Upon motion by Councdman Harrison, seconded by Vtce Mayor Sessoms, Ctty Councd ADOPTED: Ordmance to estabhsh the boundartes, names and numbers of the Cay of Vtrgtnta Beach's seven restdence Dtstrtcts accordtng to Ctty Code 3~ 24 2- 304 2, whtch provides that locahttes must reapportion local election districts after each decennial census, and, Ctty Charter ~ 3 O1 whtch provtdes that the ctty shall be dtvtded mto seven residence districts of approxtmately equal population Vottng 10-1 Councd Members Votmg Aye Margaret L Eure, Wilham W. Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr and Rosemary Wdson Council Members Vottng Nay Ltnwood 0 Branch, III Councd Members Absent None November 27, 2001 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 AN ORDINANCE APPROVING A PLAN TO REAPPORTION THE POPULATIONS AND REVISE THE BOUNDARIES OF THE SEVEN EXISTING RESIDENCE DISTRICTS FOR LOCAL ELECTIONS WHEREAS, Code of Virginia ~ 24.2-304.1 provides that localities must reapportion local election districts after each decennial census; WHEREAS, Section 3.01 of the Charter of the City of Virginia Beach provides that "It]he city shall be divided into seven residence districts of approximately equal population," the boundaries of which "shall be adjusted periodically as may be necessary to ensure that the populations of the districts remain approximately equal"; and WHEREAS, the City Council has held public hearings, has received and reviewed a variety of plans, and now wishes to adopt a plan to reapportion the populations and revise the boundaries of the seven existing residence districts. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That, pursuant to Code of Virginia ~ 24.2-304.1 and City Charter ~ 3.01, the revised boundaries to the City's seven existing residence districts are hereby established as shown on the map identified as "2001 Plan" and dated 11/11/01, a copy of which has been presented to the City Council and filed in the City Clerk's office, which is hereby incorporated by reference. 2. That the boundaries shown on the map titled "2001 Plan" are more particularly described by reference to streets and geographic features of the City, as shown on the document identified as "2001 Plan - Descriptions of District Boundaries," a copy of which has been filed in the City Clerk's office and is hereby incorporated by reference. 3. That the 2000 U.S. Census Blocks contained in each 36 district shown in the "2001 Plan" are listed in the document 37 titled "2001 Plan - Census Block Assignments," a copy of which 38 39 has been filed in the City Clerk's office and is hereby incorporated by reference. 4O 4. That, in the event of any conflict between the 41 boundaries described in the "2001 Plan" map, the document titled 42 "2001 Plan - Descriptions of District Boundaries," or the 43 document titled "2001 Plan - Census Block Assignments," the 44 boundaries established in the "2001 Plan" map shall be 45 controlling. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2001. 48 49 5O 51 CA-8325 Ordin\NONCODE\Redistricting.ord.wpd November 14, 2001 R5 52 53 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY 54 55 City Attorney's Office City Attorney's Office City of Virginia Beach IIqTER-OFFICE CORRESPOtCl)E~C~ DATE: November 28, 2001 TO: Ruth H. Smith DEPT: City Clerk Lawrence S. Spencer, Jr/..~ FROM: DEPT: RE: Redistricting Ordinance Assistant City Attorney I wanted to alert you of a scnvener's error in the ordinance adopted last night by the City Council to reapportion the C~ty's residence d~strict boundaries. Specffically, that ordinance, at lines 7 and 22, referred to Code of V~rgm~a § 24.2-304.2, when the reference should have been to § 24.2-304.1. Making such a correct, on ~s a mimstenal matter entirely w~thm your power. The recital of this section was not required and merely provided background as to the substantive action of the Council (the adoption of the redistricting plan). See County ofFmrfax v Southern Iron Works, Inc., 242 Va 435, 410 S E 2d 674 (1991) I enclose cop~es of the corrected ordinance, which I would appreciate your certifying. Thank you for your assistance; please call me at 427-4539 if you should have any questions about this matter. c: Leslie L. Lflley, C~ty Attorney 1 2 3 4 5 6 7 AN ORDINANCE APPROVING A PLAN TO REAPPORTION THE POPULATIONS AND REVISE THE BOUNDARIES OF T}{E SEVEN EXI STING RES I DENCE DISTRICTS FOR LOCAL ELECTIONS WHEREAS, Code of V'irginia ~ 24.2-304.1 provides that localities must reapportion local election districts after each decennial census; 10 11 WHEREAS, Section 3.01 of the Charter of the City of Virginia Beach provides that "[t]he city shall be divided into 12 seven residence districts of approximately equal population," the 13 boundaries of which "shall be adjusted periodically as may be 14 necessary to ensure that the populations of the districts remain 15 approximately equal"; and 16 WHEREAS, the City Council has held public hearings, has 17 received and reviewed a variety of plans, and now wishes to 18 19 adopt a plan to reapportion the populations and revise the boundaries of the seven existing residence districts. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 21 CITY OF VIRGINIA BEACH, VIRGINIA: 22 1. That, pursuant to Code of Virginia ~ 24.2-304.1 23 and City Charter ~ 3.01, the revised boundaries to the City's 24 seven existing residence districts are hereby established as 25 shown on the map identified as "2001 Plan" and dated 11/11/01, 26 27 a copy of which has been presented to the City Council and filed in the City Clerk's office, which is hereby incorporated by 28 reference. 29 3O 31 32 33 34 35 2. That the boundaries shown on the map titled "2001 Plan" are more particularly described by reference to streets and geographic features of the City, as shown on the document identified as 2001 Plan - Descriptions of District Boundaries, a copy of which has been filed in the City Clerk's office and is hereby incorporated by reference. 3. That the 2000 U.S. Census Blocks contained in each 36 district shown in the "2001 Plan" are listed in the document 37 titled "2001 Plan - Census Block Assignments," a copy of which 38 has been filed in the City Clerk' s office and is hereby 39 incorporated by reference. 40 4. That, in the 'event of any conflict between the 41 boundaries described in the "2001 Plan" map, the document titled 42 "2001 Plan - Descriptions of District Boundaries," or the 43 document titled "2001 Plan - Census Block Assignments," the 44 boundaries established in the "2001 Plan" map shall be 45 controlling. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 day of November , 2001. 48 49 5O 51 CA-8325 OrdinkNONCODE\Redistricting. ord.wpd November 14, 2001 R5 52 53 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY 54 55 City Attorney's Office City Attorney's Office 36 37 38 39 40 41 42 43 44 45 district shown in the "2001 Plan" are listed in the document titled "2001 Plan - Census Block Assignments," a copy of which has been filed in the City Clerk's office and is hereby incorporated by reference. 4. That, in the 'event of any conflict between the boundaries described in the "2001 Plan" map, the document titled "2001 Plan - Descriptions of District Boundaries," or the document titled "2001 Plan - Census Block Assignments," the boundaries established in the "2001 Plan" map shall be controlling. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2001. 48 49 50 51 52 53 54 55 CA-8325 OrdinkNONCODE\Redistricting. ord.wpd November 14, 2001 R5 APPROVED AS TO CONTENT City Attorney's Office APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office Item VI-J.3. - 30 - ORDINANCES/RESOL UTION V~ce Mayor Sessoms PRESIDED. ITEM # 489 74 The followtng registered to speak: Dan Carey, 5360 Stuart Drive, Phone. 228-3 723, registered in Opposition Barbara Messner, Post Office Box 514, Phone' 409-9100, requested 30-day Deferral Brtan Ktrwtn, 304 Cripple Creek Court 23452, Phone:463-0399, registered in Support Mamne Graham, 3057 South Sandpiper, 2202 Vemce Court (Dec 1) Phone' 721-3000, registered m Opposition Peter Langland& 1888 Long Bridge Lane, requested 30-day Deferral to gather addttional ctttzen comment A MOTION was made by Mayor Oberndorf seconded by Councilman Branch to ADOPTan Ordinance to AMEND the City Code by ADDING ~ 2-23 re City Council and School Board Elections takingplace on the first Tuesday in November, beg~nmng tn November 2002. (Sponsored by Mayor Meyera OberndorJ). A SUBSTITUTE MOTION was made by Council Lady Parker, seconded by Council Lady Henley to place a Referendum on the May ballot for the cittzens to vote relative an Ordinance to AMEND the City Code by ADDING I[ 2-23 re City Councd and School Board Elections taktng place on the first Tuesday in November, beginning tn November 2002 Said Motion was WITHDRAWN. The Main MOTION, made by Mayor Oberndorf seconded by Councilman Branch was to ADOPT: Ordinance to AMEND the City Code by ADDING 3~ 2-23 re City Council and School Board Elections taktng place on the first Tuesday in November, beginning tn November 2002 Voting 5-6 (Motion Lost to a Negative Vote) Councd Members Voting Aye Ltnwood O. Branch, III,, Wdliam W. Harrison, Jr ,, Robert C. Mandtgo, Jr., Mayor Meyera E. Oberndorf V~ce Mayor William D Sessoms, Jr. Councd Members Vottng Nay. Margaret L Eure, Barbara M Henley, Louis R Jones, Reba S. McClanan, Nancy K. Parker and Rosemary Wilson Council Members Absent. None November 27, 2001 Item VI-J. 4. - 31 - ORDINANCES/RESOL UTION ITEM # 489 75 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council ADOPTED: Ordinance to ACCEPT a $70,676 grant from the U S Department of Justice and APPROPRIA TE $65,835 to the FY 2001-02 operating budget of the Police Department and $4,841 to the FY 2001-02 operatine bu&zet [ Ruth Smith - Contnt~on and other themes Page 1 ] From' To: Date: Subject: Norman Kahn <dockahn@ex~s net> <Ctycncl@c~ty wrg~ma-beach va us> 12/6/01 10 25AM Contnbon and other themes Greetings to all members Hope you are all well I was s~ck last week More on that later Whde s~ck, I watched the replay of your day 11/27 I tried to watch the whole th~ng, but the presentations were just too long and d~fflcult, and I fast-forwarded my wdeotape through parts I d~d find ~t amusing that one presenter talked about the multiple access points that could be used ~f the new theater was budt at Towne Center, right before the next presenter talked about how much more awful the traffic would be ~n the area by 2026 I wondered ~f any councd members were struck by the same ~rony, and reahzed how much tact ~t would take to pretend to take some of the ~deas seriously Then I saw the replay of the open meebng, and nobced how diverse some of your presenters were, and the varying degrees with which they could articulate their points I marveled at the guy who just loves the c~ty and could not be more gracious I w~sh I could be hke h~m Then I saw the replay of my thoughts, as read by Mr Langlands F~rst off, let me say that I d~d not ask anyone to read them He was asked, but he was ~a~ked bv Ms. Messner. Ms Messner sees me as an ally ~n her fight for a 31st street park Just because I think th~s particular pnvate/pubhc partnership ~s dl-adwsed does not mean that we are on the same page, but I am constantly sent e-mads from her I had jotted some notes to bnng w~th me to the meeting, but was too s~ck to appear So I figured she could use some help getting her point across, and sent these notes w~th the adwce "use th~s or don't" I d~d not do my usual letqt-s~mmer-and-rephrase, mostly because I didn't feel good enough to continue working on ~t I also was disturbed that I was addressed as "Dr" I am one, but I don't feel that ~s the place to throw t~tles around I beheve that what I m~ght want to say should be taken the same way as that of any other c~t~zen, and I beheve ment~omng that I am a doctor, especially three t~mes, g~ves the ~mpress~on that I beheve my thoughts count more than they would ~f I hadn't been to all that school, which I do not As I watched Mr Langlands, I was rem~nded that there are many ways to say the same th~ng, and I apologize to all members for being so mean-spirited We have wddly divergent wews of how the city should be run and planned, and I should recogmze that everyone's wew has merit, and that just because you d~sagree does not make you bad people If ~t appeared that I th~nk that you are, I apologize again I beheve that all of you truly beheve that you are doing the best for the c~ty Obwously, I th~nk some of you are seriously m~sgmded, but I do not beheve there ~s any mahce ~nvolved I would hke to comment on the points Mr Harrison made after the presentation was made, specifically, the questions asked of the c~ty attorney I commend the c~ty attorney for having the answers avadable 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AN ORDINANCE TO ACCEPT A $70,676 GRANT FROM THE U.S. DEPARTMENT OF JUSTICE, AND TO APPROPRIATE $65,835 TO THE FY 2001-02 OPERATING BUDGET POLICE DEPARTMENT AND $ 4,841 TO THE FY 2001-02 OPERATING BUDGET Of THE SHERIFF' S DEPARTMENT, AS REIMBURSEMENT FOR BULLETPROOF VESTS PURCHASES WHEREAS, the City of Virginia Beach, has been awarded a $70,676 grant to pay for bulletproof vests, from the U.S. Department of Justice, Office of Justice Programs, and this grant does not require a city match. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a $70,676 grant is hereby accepted from the U.S. Department of Justice, Office of Justice Programs, and $65,835 from this grant is hereby approprzated to the Police Department's FY 2001-02 Operating Budget and the remaining $4,841 appropriated to the Sheriff's Department's FY 2001-02 Operatzng Budget, as reimbursement for the City's purchase of bulletproof vests. 2. That estimated revenue from the federal government in the FY 2001-02 Operating Budget is hereby increased by $70,676. Adopted the 27th day of November , 2001, by the Council of the City of Virginia Beach, Virginza. CA-8328 OrdinkNONCODE\Vests.ord.wpd November 14, 2001 RI APPROVED AS TO CONTENT Manlge~en~~ ~ ~ Services -- APPROVED AS TO LEGAL C~ty At[orney'~ Offi~ - 32 - Item VI-AS. ORDINANCES/RESOL UTION ITEM # 489 76 Barbara Messner, Post Office Box 514, Phone 409-9100, regtstered in OPPOSITION. Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TRANSFER $184,053 from the Police Department's FY 2001-2002 operattng budget to the Fire Department's FY 2001-2002 operaang budget re fundmg for stx addtttonal full-ttme firefighters for the Hazardous Materials Team. Voting' 11-0 (By ConsenO Councd Members Voang Aye Linwood 0 Branch, III, Margaret L Eure, Wilham W Harrtson, dr, Barbara M Henley, Louts R~ clones, Reba $ McClanan, Robert C Mandlgo, dr, Mayor Meyera E Oberndorf Nancy ~ Parker, Vice Mayor Wdham D Sessoms, dr and Rosemary Wilson Council Members Vottng Nay None Council Members Absent None November 27, 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO TRANSFER $184,053 FROM THE POLICE DEPARTMENT'S FY 2001-02 OPERATING BUDGET TO THE FIRE DEPARTMENT'S FY 2001-02 OPERATING BUDGET TO FUND SIX ADDITIONAL FULL-TIME FIREFIGHTERS FOR THE HAZARDOUS MATERIALS TEAM WHEREAS, the City of Virginia Beach Fire Department has experienced significant increases in the number and frequency of service calls requiring response of the Hazardous Materials Team since the September 11th terrorist attacks and subsequent 14 biological terrorism incidents. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 That, effective January 2, 2002, $184,053 is hereby 18 transferred from the Police Department's FY 2001-02 Operatmng 19 Budget to the Fire Department's FY 2001-02 Operating Budget to 20 fund six additional fire fighters for the Hazardous Materials 21 Team. 22 23 24 Adopted the 27th day of November , 2001, by the 25 Council of the City of Virginia Beach, Virginia. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 CA-8329 OrdinkNONCODEkHazMatTeam.ord.wpd November 14, 2001 RI APPROVED AS TO CONTENT ~Managem~nt ~ervices APPROVED AS TO LEGAL SUFFICIENCY City Attorney'~'ZOffi~e~ - 33 - Item VI-J. 6. ORDINANCES/RESOL UTION ITEM # 48977 Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Councd ADOPTED: Ordtnance to TRANSFER $3,730 from the General Fund Reserve for Contmgenctes to the Water and Sewer Fund for the costs assoctated wtth the constructton of the Greater Hampton Roads, "St. Jude Dream House," at Largo Mar as a charttable gtft to St Jude Chddren 's Research Hospttal (Sponsored by Vtce Mayor Wdham Sessoms, Jr) Voting 11-0 (By Consent) Councd Members Voting Aye Ltnwood 0 Branch, III, Margaret L. Eure, William W Harrison, Jr, Barbara M Henley, Louts R. Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, dr and Rosemary Wdson Council Members Vottng Nay. None Councd Members Absent None November 2 7, 2001 1 Requested by V~ce Mayor William D. Sessoms, Jr. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 AN ORDINANCE AUTHORI ZING THE TRANSFER OF $3,730 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES FOR THE PURPOSE OF REIMBURSING THE WATER AND SEWER FUND FOR THE COSTS ASSOCIATED WITH THE CONSTRUCTION OF THE GREATER HAMPTON ROADS "ST. JUDE DREAM HOME" GIVEAWAY PROJECT WHEREAS, "St. Jude Dream Home" is being built ~n Back Bay at Lago Mar with the Hampton Roads community's support and contrmbution; WHEREAS, this is a single-family dwelling at [hot #105 ~n Back Bay at Lago Mar in Virginia Beach, Virginza, and all proceeds from this home will be donated to St. Jude Children's Research Hospmtal; WHEREAS, the cost of constructmon of the single-family dwellmng includes water and sewer fees in the amount of $3,730; and WHEREAS, the City of Virginia Beach wishes to show its support for this project by reimbursing the Water and Sewer Fund, as a charitable gift to the Greater Hampton Roads "St. Jude Dream Home" Gmveaway for St. Jude Children's Research Hospztal. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby authorizes the transfer of $3,730 from the General Fund Reserve for Contmngenc~es for the purpose of reimbursing the Water and Sewer Fund, as a charitable gift to St. Jude Children's Research Hospital, the Greater Hampton Roads "St. Jude Dream Home" Gzveaway, for the costs of water and sewer fees associated with construction of a single-family dwelling at lot #105 in Back Bay at Lago Mar in Virginia Beach, Virgmnia, in the Prmncess Anne District. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day of November , 2001. CA-8319 ORDINkNONCODEkstjudeord.wpd November 1, 2001 Ri APPROVED AS TO CONTENT' Management Services / APPROVED AS TO LEGAL SUFFI, C,I. EN~Y:~f Czty Attorney's Offzce - 34- Item VI-J. 7. t~ ORDINANCES/RES OL UTION ITEM # 489 78 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED: Ordtnance to authorize a temporary encroachment into ctty-owned property at Crab Creek (DISTRICT 5 - L YNNHA VEN) Into the rtght-of-way known as Lynnhaven Promenade to Amanda Smith at 2088 Tazewell Road re constructmg and matntammg a wooden pter and dredgtng The followtng conchttons shall be requtred The temporary encroachment wdl be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgtma and the Ctty of Vtrgtn ta Beach, and tn accordance w tth the City's specifications and approval The encroachment heretn authortzed termtnates upon nottce by the City to the Grantee, and that wtthm thtrty (30) days after the nottce ts gtven, the encroachment must be removed from the encroachment area by the Grantee, and that the Grantee wdl bear all costs and expenses of such removal The Grantee shall tndemntfy and hoM harmless the Ctty, tts agents and employees, from and agatnst all clatms, damages, losses and expenses tncludtng reasonable attorney's fees tn case tt shall be necessary to file or defend an action artstng out of the constructton, locatton and/or extstence of the encroachment Nothtng heretn contatned shall be construed to enlarge the permtsston and authortty to permtt the matntenance or construction of any encroachment other than that spectfied heretn and to the hmtted extent spectfied heretn, nor to permtt the mamtenance and construction of any encroachment by anyone other than the Grantee 5 The Grantee agrees to matntatn the encroachment so as not to become unstghtly or a hazard The Grantee must obtatn a permtt from the Office of Development Servtces Center/Planmng Department prtor to commenctng any construction wtthtn the encroachment area Prtor to issuance ora rtght-of-waypermtt, the Grantee must post surettes, tn accordance wtth thetr Engtneer's cost esttmate, to the Office of Development Servtces Center/Planmng Department The Grantee must obtain and keep tn force all-rtskproperty insurance and general habthty or such msurance as is deemed necessary by the Ctty, and all insurance pohctes must name the Ctty as addittonal named msured or loss payee, as apphcable The Grantee also agrees to carry comprehenstve general habthty msurance tn an amount not less than $500,000, combmed single hmtts of such insurance pohcy or pohctes The Grantee wdl provide endorsements provlding at least thtrty (30) days written nottce to the Ctty prtor to the cancellatton or termmatton of, or matertal change to, any of the insurance pohcles The Grantee assumes all responstbthttes and ltabdtttes, vested or contingent, wtth relatton to the encroachment 9 The encroachment must conform to the mtmmum setback requtrements, as established by the City November 27, 2001 Item VI-J. 7.~ O~INANCES/RESOL UTION - 35 - ITEM tt 489 78 (Continued) 10 11 The Grantee must submtt for revtew and approval, a survey of the encroachment area, certtfied by a registered professtonal engtneer or a licensed land surveyor, and/or "as butlt" plans of the encroachment sealed by a regtstered professtonal engineer, tf required by either the Ctty Engtneer's Office or the Engtneermg Diviston of the Public Utihttes Department The Clty, upon revocation of such authortty and permtssion so granted, may remove the encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collectton of local or state taxes, may requtre the Grantee to remove the encroachment; and pendmg such removal, the City may charge the Grantee for the use of the encroachment area, the equivalent of what wouM be the real property tax upon the land so occupted if tt were owned by the Grantee, and tf such removal shah not be made wtthin the ttme ordered heretnabove by this Agreement, the City may tmpose a penalty tn the sum of One Hundred Dollars ($100) per day for each and every day that the encroachment ts allowed to conttnue thereafter, and may collect such compensation and penalttes tn any manner provMed by law for the collection of local or state taxes Voting. 11-0 (By Consen0 Counctl Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrtson, Jr., Barbara M Henley, Louts R. Jones, Reba S McClanan, Robert C Mandlgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor WtHtam D. Sessoms, Jr. and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent None November 27, 2001 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S PROPERTY KNOWN AS CRAB CREEK AND RIGHT OF WAY KNOWN AS LYNNHAVEN PROMENADE LOCATED AT THE REAR OF 2088 TAZEWELL ROAD BY AMANDA SMITH, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Amanda Smith desires to construct and maintain a wooden pier and dredging into City property known as Crab Creek and right of way known as Lynnhaven Promenade, located at the rear of 2088 Tazewell Road; and WHEREAS, City Council is authorized pursuant to ~ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's right-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, Amanda Smith, her heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a wooden pier and dredging into the City owned property known as Crab Creek and right of way known as Lynnhaven Promenade, located at the rear of 2088 Tazewell Road, as shown on the plat entitled: "PROPOSED R.O.W. ENCROACHMENT PIER AND DREDGING FOR AMANDA SMITH CONDO. BLOCK 4, UNIT 2088, 2088 - 2090 TAZEWELL ROAD BAYSIDE DISTRICT VIRGINIA BEACH, VA (M.B. 240 PG. 49) DATE: MAY 25, 2001" a copy of which is on file in the Department of Public Works and to which reference as made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and 36 37 38 39 4O 41 42 43 44 45 Amanda Smith, (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; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Amanda Smith and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day of November , 2001. .~.fROVED AS TO CONTENTS DEPARTMENT APPROVED AS TO LE(~%L CT~X WFTO~X E. STRAIFORD RD. ITE SCALE 1"-1600' · ·e LOCATION MAP lee · ee · · LOCATION MAP SHOWING AREA OF ENCROACHMENT FOR AMANDA SMITH ~~ Al 2088 TAZEWELL.ROAD --- I / // SCALE:I" = 100' AGEN.DGN PREPARED BY PAN ENG. DRAFT. 10/2~ PREPARED BY VIRGINIA BEACH CITY ATI'ORNEY'S OFFICE EXEMIq~D FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(a)(3) AND 58.1-81 I(cX4) RE1MBURSE~ AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this day of~(_.~~r ,2001, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and AMANDA SMITH, single, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee" WITNESSETH That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "#2088" on a plat entitled "EXHIBIT B CONDOMiNiUM PLAT OF 2088 - 2090 TAZEWELL ROAD CONDOMINIUM BAYS[DE BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE 1" = 10' DECEMBER 1994", by John E Sirine and Associates, LTD, Surveyors - Engineers - Planners Virginia Beach, Virginia and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 240, at Page 49, and being further designated and described as 2088 Tazewell Road, Virginia Beach, Virginia 23455 · GPIN 1489-58-6369-2088, That, WHEREAS, it is proposed by the Grantee to construct and maintain a wooden pier and dredging, "Temporary Encroachment", in the City of Virginia Beach; and GPIN 1489-58-6369-2088 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City owned property known as Crab Creek and City owned Right of Way known as Lynnhaven Promenade located at the rear &property known as 2088 Tazewell Road, Virginia Beach, Virginia 23455, "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 ($I 00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled "PROPOSED R.O W ENCROACHMENT PIER AND DREDGING for Amanda Smith," 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 construction, location and/or existence of the Temporary Encroachment It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their Engineer's cost estimate, to the Office of Development Services Center/Planning Department 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 Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department 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, Amanda Smith, single, the said Grantee, has caused this Agreement to be executed by her signature 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 By City Manager/Amhorized Designee of the City Manager (SEAL) ATTEST City Clerk , , i , APPROVED AS TO LEGAL SUFFICIENCY CITY A~F-TORNEY I APPROVED AS TO CONTENT REAL ESTATE AGENT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit The foregoing instrument was acknowledged before me this day of · 2001, by , CITY MANAGER/AUTHORI~D DESIGNEE OF THE CITY MANAGER Notary Public My Commission Expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH· to-wit The foregoing instrument was acknowledged before me this day of ,2001, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH Notary Public My Commission Expires STATE OF ~,)i qf C~'~;x~ . CITY/COUNTY . . OF ~ ~b~rt~>. ~c~¢o-wit The foregoing instrument was acknowledged before me this t 0 Q. ~)~ ·[gJ~/. . , 2001, by Amanda Smith day of My Commission Expires LILIAN MARIA M[LI~NDEZ " ~. My Commission ~pires~ Nota~ Public July 31, 20~ PMP: PROPOSED MOORING PILE o o o MP oTYP PMP '~ ~ PI~P -' ~.~' _.~~ ..~~' PJLER Al ~ ~ .~ ~ND~OAT U~ MARSH ~ ~ ~ ' ~ ~ ~ m o EXHIBIT "A" A=35 14 R=20 00' N/F CITY OF VIRIGNIA BEACH 14-89-58-8413 CRAB CREEK ~-FLOOD~.2EBB_~ : · ,.. CM17 5o · <'" DREDOE ,..; .2320~ S't~' ,,. : '."772 REMOVE END 3' OF__ -EXISTING PIER AND RECONSTRUCT AS SHOWN BOLD UNE. - PRONI£NADE (40') ---- MLW 0 0 STONWCO. C S~ ~;~,w BULKHEAD .... -- MHW 15' FT-/~ EXIST WOOD PIER PIN R3 A=27 04' R= 586 36' L1 S 86' E 37 09' ,.o 3~S' FRAME & DUF ~2090 'ORY STUCCO LEX #2088 N1/4F PHILLIP GEIB 89-58-6324 NAIL(F) Ix'~ PLAN VIEW (;PIN: 1489-58-6369-2088 SCALE 1" = 50' WATERFRONT CONSULTING, INC 1112 JENSEN DRIVE, # 206 VIRGINIA BEACH, VA 25451 PHONE (757) 425-8244 FAX (757) 425-8244 PROPOSED R.O.W. ENCROACHMENT PIER AND DREDGING FOR AMANDA SMITH CONDO BLOCK 4, UNIT 2088, 2088 - 2090 TAZEWELL ROAD BAYSIDE DISTRICT VIRGINIA BEACH, VA (M B 240 PG. 49) DATE MAY 25, 2001 - 36- Item VI-J. 7. b. ORDINANCES/RES OL UTION ITEM # 48979 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED: Ordinance to authorize a temporary encroachment tnto ctty-owned property at Crab Creek (DISTRICT 5 - L YNNHA VEN) Into the right-of-ways known as Piedmont Ctrcle and Lynnhaven Promenade to John P. Madden and Linda G. Gleason at 2090 Tazewell Road re construction and matntamtng a wooden pter, boat hft, moormg pdes and dredgtng The followtng condttions shall be requtred The encroachment wdl be constructed and mamtatned tn accordance wtth the laws of the Commonwealth of Vtrgtnta and the City of Vtrgmta Beach, and m accordance with the Ctty's spectficattons and approval. The encroachment authorized termtnates upon nottce by the Ctty to the Grantee, and that within thtrty (30) days afier the nottce ts gtven, the encroachment must be removed from the encroachment area by the Grantee, and that the Grantee wdl bear all costs and expenses of such removal The Grantee shall tndemmfy and hoM harmless the Clty, ltS agents and employees, from and agatnst all clatms, damages, losses and expenses including reasonable attorney's fees tn case tt shall be necessary to file or defend an action arising out of the constructton, locatton and/or existence of the encroachment Nothtng heretn contatned shall be construed to enlarge the permtsston and authortty to permtt the maintenance or constructton of any encroachment other than that specified heretn and to the hmited extent spectfied herein, nor to permtt the matntenance and constructton of any encroachment by anyone other than the Grantee 5 The Grantee agrees to maintain the encroachment so as not to become unstghtly or a hazard The Grantee must obtain a permit from the Office of Development Services Center~Planning Department prtor to commenctng any constructton within the encroachment area Prtor to issuance of a rtght-of-way permtt, the Grantee must post surettes, in accordance wtth their Engmeer's cost esttmate, to the Office of Development Servtces Center/Planntng Department The Grantee must obtain and keep tn force all-rtskproperty msurance and general habdtty or such insurance as ts deemed necessary by the City, and all insurance pohctes must name the City as addlttonal named msured or loss payee, as apphcable The Grantee also agrees to carry comprehenstve general habthty insurance tn an amount not less than $500,000, combined smgle hmtts of such insurance pohcy or pohctes The Grantee wtll provtde endorsements provtdmg at least thtrty (30) days wrttten nottce to the Ctty prtor to the cancellatton or termmatton of, or matertal change to, any of the msurance pohctes The Grantee assumes all responstbdltles and hablhtles, vested or contingent, wtth relatton to the encroachment. 9 The encroachment must conform to the mtntmum setback requtrements, as estabhshed by the City November 27, 2001 Item VI-J. 7. b. O~INANCES/RESOL UTION -37- ITEM # 48979 (Continued) 10 11 The Grantee must submtt for revtew and approval, a survey of the encroachment area, certtfied by a regtstered professtonal engineer or a hcensed land surveyor, and/or "as built"plans of the encroachment sealed by a regtstered professional engmeer, tf required by etther the Ctty Engineer's Office or the Engtneermg Dtvtston of the Pubhc Uttltttes Department The Ctty, upon revocatton of such authortty and permtsston so granted, may remove the encroachment and charge the cost thereof to the Grantee, and collect the cost tn any manner provtded by law for the collectton of local or state taxes, may requtre the Grantee to remove the encroachment, and pending such removal, the Ctty may charge the Grantee for the use of the encroachment area, the equtvalent of what wouM be the real property tax upon the land so occupied if tt were owned by the Grantee; and if such removal shall not be made wlthtn the ttme ordered heremabove by this Agreement, the City may tmpose a penalty tn the sum of One Hundred Dollars ($100) per day for each and every day that the encroachment ts allowed to contmue thereafter, and may collect such compensatton and penalttes tn any manner provided by law for the collection of local or state taxes Voting 11-0 (By ConsenO Councd Members Voting Aye Ltnwood 0 Branch, III, Margaret L. Eure, William tV. Harrtson, Jr, Barbara M. Henley, Louts R. Jones, Reba S McClanan, Robert C Mandtgo, Jr., Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor Willtam D Sessoms, Jr and Rosemary Wtlson Council Members Vottng Nay None Council Members Absent None November 27, 2001 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S PROPERTY KNOWN AS CRAB CREEK AND RIGHT OF WAYS KNOWN AS PIEDMONT CIRCLE AND LYNNHAVEN PROMENADE LOCATED AT THE REAiR OF 2090 TAZEWELL ROAD BY JOHN P. MADDEN AND LINDA G. GLEASON, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, John P. Madden and Linda G. Gleason desire to construct and maintain wooden pier, boat lift, mooring piles and dredging into City property known as Crab Creek and right of ways known as Piedmont Circle and Lynnhaven Promenade, located at the rear of 2090 Tazewell Road; and WHEREAS, City Council is authorized pursuant to ~§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's right-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, John P. Madden and Linda G. Gleason, thezr heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a wooden pier, boat l~ft, mooring piles and dredging into the City owned property known as Crab Creek and right of ways known as Piedmont Circle and Lynnhaven Promenade, located at the rear of 2090 Tazewell Road, as shown on the plat entitled: "PROPOSED R.O.W. ENCROACHMENT PIER, LIFT, MOORING PILES AND DREDGING FOR JOHN MADDENAND LINDA GLEASON CONDO. BLOCK 4, UNIT 2090, 2088 - 2090 TAZEWELL ROAD BAYSIDE DISTRICT VIRGINIA BEACH, VA (M.B. 240 PG. 49) DATE: OCTOBER 12, 2001" 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 37 38 39 40 41 42 43 44 45 46 47 48 49 50 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subpect to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and John P. Madden and Linda G. Gleason, (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; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as John P. Madden and Linda G. Gleason and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day of November .. . , 2001. VED AS TO CONTENTS DEPARTMENT APPROVED AS TO LEC, AL SUFFICIENC~-';~0 FO~4 E. STRATFORD RO. );-SITE SCALE 1"-1600' L LOCATION I~AP · · · / · · · LOCATION MAP SHOWING AREA OF ENCROACHMENT i/FOR JOHN P. MADDEN AND LINDA G. GLEASON I .~ AT 2090 TAZEWELL ROAD I .~' '- t ,-, // SCALE:I" : 100' ~- .-' ', -----".. AGEN.DGN PREPARED BY PAN ENG. DRAFT. 10,2~ PREPARED BY VIRGINIA BEACH CITY ATrORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(a)(3) AND 58 1-811(eX4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this /O -'-day of 0t7"o,~ce~---, 2001, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and JOHN P MADDEN, single and L1NDA G GLEASON, single, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one WITNESSETH That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "#2090" on a plat entitled "EXHIBIT B CONDOMINIUM PLAT OF 2088 - 2090 TAZEWELL ROAD CONDOMINIUM BAYSIDE BOROUGH- VIRGINIA BEACH, VIRGINIA SCALE' 1" = 10' DECEMBER 1994", by John E Sirine and Associates, LTD., Surveyors - Engineers - Planners Virginia Beach, Virginia and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 240, at Page 49, and being further designated and described as 2090 Tazewell Road, Virginia Beach, Virginia 23455 · GPIN 1489-58-6369-2090, That, WHEREAS, it is proposed by the Grantee to construct and maintain a wooden pier, boat lift, mooring piles and dredging, "Temporary Encroachment", in the City of Virginia Beach; and GP1N 1489-58-6369-2090 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City owned property known as Crab Creek and Right of Ways known as Lynnhaven Promenade and Piedmont Circle located at the rear of property known as 2090 Tazewell Road, Virginia Beach, Virginia 23455, "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 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 "PROPOSED ROW ENCROACHMENT PIER, LIFT, MOORING PILES AND DREDGING for John P Madden and Linda G Gleason ," 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 construction, location and/or existence of the Temporary Encroachment It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their Engineer's cost estimate, to the Office of Development Services Center/Planning Department 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 Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as builtn plans of the Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department 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 coUect 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 therea~er, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes IN WITNESS WHEREOF, John P Madden, single and Linda G Gleason, single, the said Grantee, has caused this Agreement to be executed by their signatures and seals duly affmed Further, that the City of Virginia Beach has caused this Agreement to be executed ~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 By City Manager/Authorized Designee of the City Manager (S nL) ATTEST. City Clerk ~hn P Madden ~inda G C~as°n~ APPROVED AS TO LEGAL SUFFICIENCY CITY A;I~ORNEv APPROVED AS TO CONTENT PMP: PROPOSED MOORING PILE: o o o MP oTYP PMP A=35 14 R=20 00' (:;PIN. 1489-58-6369-2090 I I II WATERFRONT CONSULTING, INC 1112_ JENSEN DRIVE. SI'E:. 206 VIRGINIA BEACH. VA 2,34.51 PHONE/FAX (757) 4.25-824.4 N/F SHORE VENTURES ASSOC. L.L C. 14-89-58-6459 I I I CRAB CREEK '"-FLOOD~EBB_... iP 3-S ORY FRAME ~ STUCCO DUPILEX I #2090I #2088 I , co~q couc REMOVE END 3' OF__- EXISTING PIER AND RECONSTRUCT AS SHOWN BOLD UNE. STONE/CONC BULKHEAD NAIL(F ...... PROMENADE ---- MI_W 0.0 .... MHW 15' EXIST WOO0 PIER R3 A=27 04' R-586.36' L1 S 86' E 37 O9' N/F PHILLIP (:;EIB 1489-58-6324 EXHIBIT "A" PLAN VIEW I I SCALE 1" = 30' PROPOSED ENCROACHMENT PIER, BOAT LIFT AND DREDGING FOR JOHN MADDEN AND LINDA GLEASON CONDO. BLOCK 4, UNIT 2090, TAZEWELL ROAD LYNNHAVEN BOROUGH VIRGINIA BEACH, VA (M.B 2~0 PG. 4-9) DATE OCTOBER 12, 2001 - 38 - Item VI-J. 8. ORDINANCES/RES OL UTION ITEM ii 48980 Upon motton by Counctl Lady Wtlson, seconded by Counctlman Branch, Ctty Counctl ADOPTED, AS REVISED: Resolutton to support and endorse regtonal effort to attract a National Basketball Association (NBA) league team to the Hampton Roads region and encourage our ctttzens and bustness communtty to do likewise (Sponsored by Counctl Lady Wtlson) Counctl Lady Wilson read the Resolution into the record Voting 11-0 (By ConsenO Counctl Members Vottng Aye' Ltnwood O. Branch, III, Margaret L Eure, Willtam W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S. McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlltam D Sessoms, Jr and Rosemary Wtlson Council Members Votmg Nay None Counctl Members Absent None November 27, 2001 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 A RESOLUTION SUPPORTING EFFORTS TO ATTRACT AN NBA TEAM TO THE HAMPTON ROADS REGION WHEREAS, the Hampton Roads Partnership, through its representatives has requested the City Council of the City of Virginia Beach to support its efforts to attract a National Basketball Association ("NBA") team to the Hampton Roads region; WHEREAS, the Hampton Roads Partnership, through its representatives, has represented that the City of Norfolk has expressed the desire to be the host city for an NBA team; WHEREAS, the Hampton Roads Partnership, through its representatives, has represented that although a financial plan to construct a facility and to host an NBA team has not yet been completed, the plan, when complete, will provide for bonds to be issued through the Hampton Roads Sports Facility Authority to fund the facility, and no obligation for the bonded debt and no funding obligation will be required or requested from any locality in the region, or from the Commonwealth of Virginia, except perhaps that of the host community; WHEREAS, the existing legislation creating, authorizing and supporting the Hampton Roads Sports Facility Authority lists specific sources of revenue to support the issuance of bonds by the Authority which sources are limited to revenues generated from the contemplated facility and the hosted sports team; WHEREAS, that legislation terminates January 1, 2002, but representatives of the Hampton Roads Partnership have advised that an extension of that legislation with an 31 amendment requesting a minimum rebate of those specific 32 sources of revenue, will be requested of the General Assembly 33 and that funding of the facility is contingent upon such an 34 extension; 35 WHEREAS, the Hampton Road Partnership, through its 36 representatives, have represented that other than the funding 37 mechanism in the existing legislation for the Hampton Roads 38 Sports Facility Authority, no additional funding or state 39 grants will be solicited or received from the Governor or the 40 General Assembly; and 41 WHEREAS, the Hampton Roads Partnership, through its 42 representatives, recognizing that the City of Virginia Beach 43 has undertaken planning and construction of a regional 44 convention facility, has also represented to the City Council 45 that the facility contemplated to host an NBA team will not be 46 a convention facility. 47 NOW, THEREFORE BE IT RESOLVED, BY THE COUNCIL OF THE 48 CITY OF VIRGINIA BEACH, VIRGINIA: 49 That based upon the representations of the Hampton 50 Roads Partnership recited herein, the City Council of the City 51 of Virginia Beach supports the efforts to attract a National 52 Basketball Association team to the Hampton Roads region. 53 Adopted by the Council of the City of Virginia Beach, 54 Virginia, on the 27th day of November , 2001. CA-8326 F: kDatakATYkOrdinkNONCODEkhornetres, alt. wpd R6 November 27, 2001 - 39- Item VI-K. PLANNING ITEM # 48981 1. PA UL C. L OWN RECONSIDERATION CONDITIONAL USE PERMIT 2.LONDON BRIDGE BAPTIST CHURCH MODIFICATION OF CONDITION NO. 1 (June 8, 1999 APPROVED CUP) 3. UNITED JEWISH FEDERATION OF TIDEWATER STREET CLOSURES 4. CITY OF REFUGE CHRISTIAN CHURCH OF VIR GINL4 BEA CH CONDITIONAL USE PERMIT 5.A VIS RENT-A-CAR SYSTEM, INC. - ANNE LO MONACO CONDITIONAL USE PERMIT 6. OCEAN BAY VENTURES, L.L. C. CONDITIONAL CHANGE OF ZONING 7.ALICIA A. MAHAR CONDITIONAL CHANGE OF ZONING 8. CITY ZONING ORDINANCE AMENDMENT TO §502 R-SR RESIDENTIAL DISTRICT 9. TRANSITION RULES AMENDMENTS TO RESIDENTIAL DISTRICTS THE R-$R ZONING November 27, 2001 Item VI-K. - 40- PLANNING ITEM # 48982 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council APPROVED in ONE MOTION Items 2, 3, 4 (ADDED CONDITION), 5, 6(DEFERRED INDEFINITEL Y) and 7. Item 4 was APPROVED, BY CONSENT, for a pertod of three (3) years Item 6 was DEFERRED INDEFINITEL Y, B Y CONSENT Vottng 11-0 (By ConsenO Councd Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrtson, dr, Barbara M Henley, Louts R. Jones, Reba S McClanan, Robert C Mandtgo, dr, Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor Wtlham D. Sessoms, dr and Rosemary Wtlson Counctl Members Votmg Nay. None Councd Members Absent. None November 27, 2001 Item VI-K. 1. - 41 - PLANNING ITEM # 48983 Attorney Edward Bourdon, Pembroke One, Ftfth Floor, Phone 499-8971, represented the apphcant Rebecca Levac, Seashore Condo Associatton, registered tn OPPOSITION Upon motton by Councdman Harrtson, seconded by Councdman Man&go, Ctty Councd RECONSIDERED and ADOPTED, subject to rear elevation of budding being approved by the Plannmg Dtrector Ordinance upon apphcatlon of of PA UL C. LOWN for a Conditional Use Permtt re a restdenttal multtple famdy dwelhng ORDINANCE UPON APPLICATION OF OF PAUL C. LOWN FOR A CONDITIONAL USE PERMIT RE A RESIDENTIAL MULTIPLE FAMILY DWELLING R01101 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of PA UL C. LOWNre a restdenttal multtple famdy dwelhng (3 umt bulldtng) on Lot 1 O, Block C, Lynnhaven Beach, on Urchtn Road and Ocean Avenue (GPIN #1590-10-3410), contatmng 7, 500 square feet - L YNNHA VEN DISTRICT 5 - L YNNHA VEN {Thts apphcatton to approve, lost to a negattve vote on October 2, 2001 and RECONSIDERATION was authorized October 23, 2001 } The followtng conchttons shall be reqmred The stte shall be developed as deptcted on the submttted stte plan tttled "MOOD Y DE VEL OPMENT URCHIN R OAD ", prepared by Clark-Nexsen Archttecture and Engtneertng, dated 05/10/01, provtded the necessary vartances are approved by the Board of Zonmg Appeals The butldtng shall be constructed in substanttal conformance wtth the submitted architectural rendering that was submitted wtth the condtttonal use permtt apphcatton and that ts on file wtth the Ctty of Vtrgtnia Beach Planmng Department The extertor buddtng matertals shall be faux cedar shake stdtng tn a neutral earth tone The roofing shall be archttectural style roofing shtngles The nme-foot by thtrty-foot area adjacent to the parktng spaces shall be landscaped wtth two hve oaks, compacta holly, and ornamental grasses Ornamental grasses shall also be provtded along the foundation of the buddtng parallel to Urchtn Road The five foot area between the buddtng and the northern property hne and the enttre length of the buddtng to the rear property hne shall be landscaped wtth shade tolerant shrubs such as yaupon holly, mkberry holly, or hgustrum, at a mtmmum of 36 tnches tn hetght The three (guesO parktng spaces adjacent to Urchm Road shall be constructed wtth parking pavers tn heu of concrete or asphalt pavement to contrtbute to an appearance of reduced lot coverage by provtdmg addtttonal "green" area This Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance Adopted by the Councd of the Cay of Vtrgmta Beach, Virgmta, on the Twen_ty-seventh of November, Two Thousand One November 27, 2001 - 42 - Item WI-K.L PLANNING ITEM # 48983 (Continued) Voting 11- 0 Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L. Eure, Wdliam W Harrtson, Jr, Barbara M. Henley, Louts R Jones, Reba S. McClanan, Robert C. Mandtgo, Jr, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor Wilham D Sessoms, dr. and Rosemary Wdson Councd Members Voting Nay' None Council Members Absent' None November 2 7, 2001 Item VI-K.Z PLANNING - 43 - ITEM ii 48984 Upon motion by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl MODIFIED CONDITION iii RE MODULAR UNITS on the June 8, 1999, approved Condttlonal Use Permit for LONDON BRIDGE BAPTIST CHURCH An Ordinance upon Apphcatton of London Brtdge Bapttst Church for a Modification of Conditions placed on the appltcatton for a conditional use permtt for a church addttton on June 8, 1999 SaMparcel ts located at 2460 Potters Road DISTRICT 6 - BEACH The followmg condtttons shall be requtred Modified' The expanston and landscaptng shall be tn substantial accordance with the submttted stte plan entttled, "Condtttonal Use Permtt Plan, Addttton to London Brtdge Baptist Church Located at Potters Road," by Langley and McDonald, P. C, 2 7 Aprtl, 1999 Two additional modular units may be added behind the existing church building next to the two modular units shown on the plan. The two new trailers must be removed within two years of the date of approval of this Modification of Conditions request. The expanston shall also be substanttally in keeping wtth the colored rendering entitled, "London Brtdge Bapttst Church, Proposed Elevatton," by Cosco and Assoctates, Inc. The brtck wtll match the extstmg church to the greatest extent possible Artght turn lane ts required into the eastern entrance and the extstmg entrance tmmediately to the west shah be eltminated Both are shown on the submttted stte plan 4 The proposed steeple will requtre a hetght vartance from the Board of Zoning Appeals The new sanctuary will be used prtmarily on Sundays, a low fly day for NAS Oceana The applicant volunteers that the new sanctuary wtll not be used on other days of the week for any event or servtce wtth more than 700 attendees more than stx times per year 6 If any stormwater management pond ts requtred, tt shall be attracttvely landscaped, as approved the Plannmg Dtrector Voting: 11-0 (By ConsenO Counctl Members Votmg Aye. Lmwood 0 Branch, IIL Margaret L. Eure, Wtlltam W. Harrtson, Jr, Barbara M Henley, Louts R. Jones, Reba S McClanan, Robert C Mandtgo, Jr., Mayor Meyera E Oberndorf Nancy K~ Parker, Vtce Mayor William D Sessoms, Jr and Rosemary Wilson Councd Members Vottng Nay. None Counctl Members Absent None November 27, 2001 Item VI-K.3. PLANNING - 44 - ITEM # 48985 Upon moaon by Vtce Mayor Sessoms, seconded by Councdman Branch, Cay Councd APPROVED the pettaons of UNITED JEWISH FEDERATION OF TIDEWATER for the dtsconttnuance, closure and abandonment of Katte Brown Drive and Morrts Avenue An Ordinance upon Apphcatton of Umted Jewtsh Federatton of Ttdewater for the dlscontmuance, closure and abandonment of Katte Brown Drive beglnmng at a point 345 35 feet north of Morns Avenue Said parcel contatns 36, 341 square feet DISTRICT 2 - KEMPSVILLE And, An Ordtnance upon Apphcatton of Untted Jewtsh Federatton of T~dewater for the dtsconttnuance, closure and abandonment of Morris Avenue beginning at apotnt 345 35feet south of Katie Brown Drive Satdparcel contains 29, 544 square feet DISTRICT 2 - KEMPSVILLE The following conchttons shall be required The Ctty Attorney's Office wdl make the final determination regardtng ownership of the underlymgfee The purchase prtce to be pard to the Ctty shall be determtned accordtng to the "Pohcy Regardtng Purchase of Ctty 's Interest in Streets Pursuant to Street Closures," approved by Ctty Councd Coptes of the pohcy are avadable tn the Planmng Department The apphcant must secure tttle to all porttons of Katie Brown Drtve currently owned by the Commonwealth of Virginia (as to a portton of the cul-de-sac) andEugene Taylor, Jr andAnne Taylor as well as the Ctty of Virginia Beach The apphcant must secure tttle to all porttons of Morrts Avenue currently owned by the Commonwealth of Vtrgmta (as to aportton of the cul-de-sac) Edwm B Ltndsley, Wdham Albrttton or hts descendants (as to a portton of the cul-de-sac) as well as the Ctty of Vtrgtnta Beach Formal wrttten consent must be provtded by the adjacent property owner on Katie Brown Drive, Mr Edwtn B Ltndsley, stating agreement to the street closure and alternattve access to his property Formal wrttten consent must be provtded by the adjacent property owners on Morrts Avenue, Mr W Letgh Ansell and Mr Edwtn B Ltndsley, stattng agreement to the street closure and alternattve access to thelr properaes The apphcant ts required to resubdtvtde the property and vacate internal lot hnes to tncorporate the closed area tnto the adjoining parcels The plat must be submttted and approved for recordaaon prior to final street closure approval Alternattve access must be provtded on the street closure plat for the properttes tdenttfied as GPIN#1467-82-7483 (Edwin B Lmsley), GPIN #1467-92-1260, 1467-92-1213, 1467-92-8268 (Edwin B Lmdsley) and GPIN #1467-92-1208 (Ansell W Letgh, et al) The apphcant ts requtred to vertfy that no private utthttes extst wtthtn the right-of-way proposed for closure Prehmmary comments from the utthty compames mdtcate that there are no prtvate utthttes wtthm the rtght-of-way proposed for closure If prtvate utdmes do extst, easements satisfactory to the utdtty company, must be provtded November 27, 2001 - 45 - Item VI-K.3. PLANNING ITEM # 48985 (Continued) Closure of the rtght-of-way shall be conttngent upon comphance with the above stated condtttons within 365 days of approval by Ctty Councd If the conditions noted above are not accomphshed and the final plat is not approved wtthin one year of the Ctty Councd vote to close the rtght-of-way, thts approval shall be constdered null and void ~ttng: 11-0 (By ConsenO Council Members Voting Aye: Ltnwood O. Branch, III, Margaret L Eure, Wilham W Harrtson, ,Ir, Barbara M. Henley, Louts R~ `iones, Reba S. McClanan, Robert C Mandigo, Jr, Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor Wtlltam D Sessoms, ,Ir and Rosemary Wilson Council Members Vottng Nay. None Council Members Absent None November 27, 2001 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS MORRIS AVENUE AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "EXHIBIT SHOWING STREET CLOSURE FOR MORRIS AVENUE VIRGINIA BEACH, VIRGINIA," A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A. WHEREAS, on November 27,2001, United Jewish Federation of Tidewater applied to the Council of the C~ty of Virginia Beach, V~rglma, to have the hereinafter described streets discontinued, closed, and vacated; and WHEREAS, it ~s the judgment of the Council that smd streets be discontinued, closed, and vacated, subject to certmn condlt~ons hawng been met on or before November 26, 2002; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Vlrgima, that the hereinafter described streets be &scontinued, closed and vacated, subject to certmn conditions being met on or before November 26, 2002: All that certmn p~ece or parcel of land s~tuate, lying and being ~n the C~ty of V~rg~ma Beach, V~rg~ma, designated and described as "DENOTES AREA OF STREET CLOSURE, TOTAL AREA = 29,544 SQ FT "shown as the cross-hatched area on that certmn plat entitled. "EXHIBIT SHOWING STREET CLOSURE FOR MORRIS AVENUE VIRGINIA BEACH, VIRGINIA," Scale: 1"--80', dated August 15, 2001, prepared by S~te Improvement Associates, Inc., a copy of which is attached hereto as Exhibit A. And being further described as: BEGINNING at southeast ~ntersect~on of Morris Avenue and Grayson Road, thence along east s~de N 51031'45" W 32.82' to the northeast of ~ntersection of Grayson Road and Morns Avenue; thence along north side of Moms Avenue N 62022'49" E 712.26' to a point, thence continuing along said road along a curve to the right having a radius of 50.00' for a &stance of 59 20' to a pmnt, thence cont~nmng along smd road N 57°41'34" E 25 32' to a point on west s~de of Norfolk-Virginia Beach Expressway, thence along west s~de of smd road, along a curve to the left having a radius of 3959 72' for a distance of 87 53' to a point on south s~de of Morns Avenue; thence along smd road S 62022'49" W 29.87' to a point; thence cont~nmng along smd road along a curve to the right hawng a radius of 50 00' for a d~stance of 126.62' to a point; thence cont~nmng along said road S 62022'49'' W 698.96' to southeast intersection of Morns Avenue, smd point of BEGINNING. GPIN: SECTION II The following cond~nons must be met on or before November 26, 2002' 1. The C~ty Attorney's Office wall make the final determination regarding ownership of the underlying fee. The purchase price to be prod to the City shall be determined according to the "Pohcy Regarding Purchase of C~ty's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said pohcy are avmlable in the Planmng Department. 2. The applicant must secure title to all portions of Morris Avenue currently owned by the Commonwealth of V~rg~ma (as to a port~on of the cul-de-sac), Edwin B. Lindsley, Wdham Albr~tton or h~s descendants (as to a portion of the cul-de-sac) as well as the City of Virginia Beach. 3. Formal written consent must be provided by Mr. W. Le~gh Ansell and Mr. Edwin B. Llndsley, the adjacent property owners on Morris Avenue, stating agreement to street closure and alternative access to their properties 4 The apphcant ~s reqmred to resubdimde the property and vacate internal lot lines to incorporate the closed area ~nto the adjo~mng parcels The resubd~v~s~on plat must be submitted and approved for recordation prior to final street closure approval. 5. Alternative access must be provided on the street closure plat for the properties identified as GPIN//1467-92-1260, 1467-92-1213, 1467-92-0268 (Edwin B. Lindsley) and GPIN//1467-92-1208 (Ansell W. Leigh, et al) 6. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 7. Closure of the right-of-way shall be contingent upon compliance w~th the above stated conditions w~thln 365 days of approval by City Councd. If all conditions noted abgve are not accomplished and the final plat is not approved w~thln one year of the City Council vote to close the roadway, this approval shall be considered null and void SECTION III 1. If the preceding conditions are not fulfilled on or before November 26, 2002, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before November 26, 2002, the date of final closure ~s the date the street closure ordinance is recorded by the City Attorney. SECTION IV A certffied copy of th~s Ordinance shall be filed in the Clerk's Office of the C~rcuit Court of the C~ty of V~rg~ma Beach, V~rg~ma, and indexed ~n the name of the CITY OF VIRGINIA BEACH as "Grantor" Adopted by the Council of the City of Virginia Beach, Virginia, on th~s 2 7 th day of November ,2001. CA-8239 09/12/01 i \DataXATY\Forms\Decds\STCLOSU\WORKING\ca8239 etd APPROVED AS TO CONTENT Planmng~"~partment APPROVED AS TO LEGALr~FFICIENCY City Attorney Map D-7 Map Not to Scmle United ~ish Federation o Tidewater ~rc~ Street Closure- Katie Brown Dr. & Morris Ave. ZONING HISTORY 1. Conditional Use Permit (Church)- Granted 11/5/63 2. Street Closure - Granted 10/7/85 3. Change of Zoning from O-1 Office to B-2 Community Business - Granted 5/4/87 4. Conditional Use Permit (billboard)- Granted 8/10/70 5. Conditional Use Permit (billboard) - Granted 8/10/70 6. Street Closure- Granted 9/5/78 7. Conditional Use Permit (billboard)- Granted 8/10/70 8. Change of Zoning from R-8 Residential to 0-2 Office - Granted 10/7/85 i II ...J II z~ o. ¥ ,I,I~IHX~ UNITED JEWISH FEDERATION / # 14 & 15 October 10, 2001 General Information: REQUEST: ADDRESS: Street Closures (#14) Discontinuance, closure and abandonment of Morris Avenue beginning at a point 345.35 feet south of Katie Brown Drive. (#15) Discontinuance, closure and abandonment of Katie Brown Drive beginning at a point 345.35 feet north of Morris Avenue. Map D-7 .o,~ ~o ~o~ United Federation Tidewater ELECTION DISTRICT: 2 - KEMPSVILLE Street Closure - Kate Brown Dr. Planning Commission Agenda October 10, 2001 UNITED JEWISH FEDERATION / # 14 & 15 Page 1 SITE SIZE: PURPOSE: STAFF PLANNER: (#14) 29,544 square feet (# 15) 36,341 square feet. To close these right-of-ways and incorporate them into adjoining properties to allow development of the parcel. Barbara Duke Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning All of the property surrounding the subject streets is zoned 0-2 Office District. The majority of the property is owned by Grayson Woods, LC and is currently vacant. There is one billboard parcel adjacent to Katie Brown Drive and two billboard parcels adjacent to Morris Avenue that are under different ownership. Surroundinq Land Use and Zoning North: South: East: West: Vacant land and billboard parcel zoned O-2 Office District Vacant land and billboard parcel(s) zoned 0-2 Office District · Interstate 264 · Grayson Road Zoninq History A small portion of Katie Brown Drive was closed in 1978 at its eastern extremity to accommodate an office building that has since been demolished. The property in th~s area has been zoned for off~ce use since 1970. Public Facilities and Services Water and Sewer Water: There are no public water facihties in the right-of-ways proposed for closure. Planning Commission Agenda October 10, 2001 UNITED JEWISH FEDERATION/# 14 & 15 Page 2 Sewer: There are no public sewer facilities in the right-of-ways proposed for closure. Public Works There are no public works drainage facilities in the right-of-ways proposed for closure. Private Utilities There may be some existing Dominion Power facilities within the right-of-ways proposed for closure that provide electrical service to the billboard sites. Comprehensive Plan The Comprehensive Plan recommends this area for retail, service, office and other compatible use serv!ng surrounding neighborhoods. Evaluation of Request It is the intent of the applicant to acquire the property surrounding the subject right-of- ways and to incorporate this area into a building site for a community center and school. The community center and school are an allowed use within the 0-2 Office District. The street closures are critical to the project's success. There are several outstanding legal documents that have not been provided with the application. Based on t~tle research by the applicant, there are five different underlying fee owners in these right-of-ways in addition to the City. Further, the adjacent property owners of the b~llboard sites must consent to an alternative means of access. Without the pending documentabon, the applicant's interest in the street is not secure. Even with the City's consent, there is significant risk associated with proceeding on this project without the necessary documentation secured. The Viewers Committee has determined that there is no future need for the subject right-of-ways and that closure of the right-of-ways will not result in a public inconvenience. The only parcels not owned by the applicant are the billboard sites adjacent to Interstate 264, which are too small to have any further development potential. Alternative access to these sites must be provided on the s~te development plan for the community center. Approval of these street closures should be made w~th the understanding that the closure will not be final unless and unbl the necessary legal documentation is provided to the satisfacbon of the Planning Department and the City Planning Commission Agenda October 10, 2001 UNITED JEWISH FEDERATION / # 14 & 15 Page 3 Attorney Office. It is recommended that these street closures be approved with the conditions below. Conditions · 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 must secure title to all portions of Katie Brown Drive currently owned by the Commonwealth of Virginia (as to a portion of the cul-de-sac) and Eugene Taylor, Jr. and Anne Taylor, as well as the City of Virginia Beach. , The applicant must secure title to all portions of Morris Avenue currently owned by the Commonwealth of Virg;nia (as to a portion of the cul-de-sac), Edwin B. Lindsley, William Albritton or his descendants (as to a portion of the cul-de-sac) as well as the City of Virginia Beach. , Formal written consent must be provided by the adjacent property owner on Katie Brown Drive, Mr. Edwin B. Lindsley, stating agreement to street closure and alternative access to his property. , Formal written consent must be provided by the adjacent property owners on Morris Avenue, Mr. W. Leigh Ansell and Mr. Edwin B. Lindsley, stating agreement to street closure and alternative access to their properties. . 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. . The applicant is required to verify that no private utilities ex~st w~thin the right-of- way proposed for closure Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. . 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 the conditions noted above are not accomplished and the final plat is not approved within one Planning Commission Agenda October 10, 2001 UNITED JEWISH FEDERATION / # 14 & 15 Page 4 year of the City Council vote to close the right-of-way this approval shall be considered null and void. INOTE: Further conditions may be required during the administration of applicable City Ord!nance$. Planning Commission Agenda October 10, 2001 UNITED JEWISH FEDERATION / # 14 & 15 Page 5 Planning Commission Agenda October 10, 2001 UNITED JEWISH FEDERATION / # 14 & 15 Page 6 Planning Commission Agenda October 10, 2001 UNITED JEWISH FEDERATION / # 14 & 15 Page 7 Planning Commission Agenda October 10, 2001 UNITED JEWISH FEDERATION ! # 14 & 15 Page 8 Item #14 & #15 United Jewish Federation of Tidewater Street Closure Morris Avenue beginmng at a point 345.35 feet south of Katie Brown Drive District 2 Kempsville October 10, 2001 REGULAR AGENDA Robert Miller: The next items are items 14 and 15 United Jewish Federation of Tidewater and I have two speakers, Jay W~lkes and Claude Lym. Jay Wilkes: For the record my name is Jay Wilkes speaking on behalf of the applicant, Umted Jewish Federation of Tidewater, Inc. Mr. Lym on behalf of Site Improvements Associates, Inc. is here with me. We have rewewed all of the conditions ~mposed or suggested in connection with the closure of these two streets and we are in accord with them. We have met prior to today's session with Kevin Bernick and (inaudible) who is represent and speak on behalf of Ed Lindsey and they had him on the phone while we were in the hall discussing the conditions and what we must do with what we plan to do before City Council meeting and Mr. Lindsey ~s ~n accord with the procedure of proceeding with these closures and we will try to get with h~m before Council meeting. The problem we have had up until this point is because of his health conditions. It has been difficult to get w~th him. I personally met with him two months ago at the t~me the apphcations were being planned and when they were being filed and when he was in accord with the closure of the streets we had not done a title examination but he is amenable to the closure. We will deal with h~m on the acquisition of his interest and providing to him a private access easement initially over the streets once closed and will be substituted with ap access around the project but as they build the major facility, ~t w~ll be built over Morris Avenue ~na i believe many of you may have seen the plan but this is the new Jewish Community Famli:,,; ,nich will house the Jewish Cormnumty center and the Hebrew Academy and it is physically located over Morris Avenue. Katie Brown will be down here incorporated into the tennis courts, etcetera. So that there ~s nowhere we could move this bmlchng. We have got to deal with the closure of Morris Avenue for this project to proceed. We had made arrangements to acquire all of this property that is shaded and we are trying to acquire it before the end of the year. We had some time frames both from the point of view of the seller and our needs and so basically what we are asking is ~n light of our conversation today with Kewn and Cal that the Planning Commission approve or recommend approval of the closures to Council and we will, assuming we could get to Mr. Lindsey before Councd which we have every intention of doing, we will deal with the acquisition ~ssues of it and others interest of it in these streets. Charhe Salle': Any questions? I guess Jay, I had one question. Have you also met with Leigh Ansell? Jay Wxlkes: Yes, I met with Le~gh Ansell and Leigh, I believe, has submitted a letter of approval Item #14 & #15 United Jewish Federation of Tidewater Page 2 and we have talked - I personally have talked with him about the private access easement for his property and he is in accord with it. Charhe Salle': Any questions? That is all the speakers we have so we have a tnotion. Cheryl Avery-Hargrove: Since everytlung has been taken care of according I would see no problem with the street closure, so I make a motion for approval. Charlie Salle': Can I have a second? Robert Miller: Second. Charhe Salle': Motion by Cheryl Avery-Hargrove seconded by Bob Miller to approve the application. John Baum: As I stated in informal session, I am concerned about procedure. If things works well, I have nothing against the project, but I have always thought the viewers were always so conservaUve, I would just feel better if these legal items would be cleared up and I understand what you said about an appraisal on the City's portion to be done until that is done. I also wonder this procedure has been followed often by the Council and it is appraised. I have never seen what paid and I know when you (inaudible) property in a good location, it gains values it don't lose it. If land is worth 20,000 or what per acre you don't say you got two acres and multiply that by two. You made a very valuable contribution so I am just concerned about the procedure and that is the only reason why I am going to vote against it. Charhe Salle': Any other questions or comments? AYE10 NAY1 ABS0 ABSENT0 ATKINSON AYE AVERY-HARGROVE AYE BAUM DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE AYE STRANGE AYE VAKOS AYE WOOD AYE NAY Charhe Salle': By a vote of 10 to 1 you have approved the apphcatlon of the United Jewish Federation for street closures on Morris Avenue and Katie Brown Drive. Item #16 City of Virginia Beach Ordinance to amend the City Zoning Ordinance To Modify the perrmtted and conditional uses and other requirement October 10, 2001 DEFERRAL Charles Salle': Do we have any requests to defer or withdrawn items? Eddie Bourdon: Thank you Mr. Chairman. For the record, Eddie Bourdon, Virginia Beach attorney. On items #1 through 4 as is indicated in the agenda. I represent the applicant and request deferral on those items. Charles Salle': Is there any opposition to the deferral of items 1 through 4, West Neck Properties? Thank you. Are there any other requests to defer items? We have information that there are some other ~tems that will need to be deferred. Items 5 and 6, Terry Peterson/Residential Ten. Is there any opposition to the deferral of those items? Item #8, Big Bertha Investments. Is there any opposition to the deferral of that item? Number 12, R & T LLC. Is there any opposition of deferral to that item? Number 16, City of Virginia Beach amendment to the RT3-A Resort Tourist District. Is there any opposition to the deferral of that item? Could we have a motion deferring the items listed? Cheryl Avery-Hargrove: So moved. Charles Salle': I have a motion by Cheryl Avery-Hargrove, seconded by Don Horsley to defer the ~tems hsted. And we have... Robert Miller: I need to abstmn from ~tems 5 & 6, 8, and 12 on all those, my firm is working on the project. Betsy Atkinson: Mr. Salle'. In the informal session we had indicated that maybe #25 might be deferred. Does staff have any feeling on that at this time? Stephen White: No, we don't. Betsy Atkinson: Is the applicant here? Item #25? Charles Salle': Is there anybody here in connection to Item 25? Stephen White: Is the applicant here? I think you are going to have to hear Charles Salle': Okay we have a motion made and seconded. Item # 16 City of Virginia Beach Page 2 AYEll NAY0 ABS0 ABSENT0 ATKINSON AYE AVERY-HARGROVE AYE BAUM AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE AYE STRANGE AYE VAKOS AYE WOOD AYE Charhe Salle': By a vote of 11 to 0 with Bob Miller abstaining on items 5 & 6, 8 and 12 you have deferred items 1 through 4, 5 & 6, 8, 12 and 16. APPLICATION PAGE 4 OF 4 STREET CLOSURE CITY 'OF,VIRGINIA BEACH Applicant's Name: DISCLOSURE STATEMENT United Jewish Federation of Tidewater List AH Current Property Owners: Ansell, Leigh W. & Joyce Lindsay, Edwin B. Grayson Woods, LC PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) N/A If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) [~ Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) SEE ATTACHED If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) N/A Check here if the applicant is NOT a corporation, partnership, finn, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurate. Signature Print Name Rev United Jewish Federation of Tidewater 2001-2003 President President-Elect Vice Presidents General Campaign Chairman Secretary Treasurer Immediate Past President Executive Vice President Toni Sandier Ron Kramer Alan Frleden Dr. Edward Karotkin Robert Josephberg Lonny Sarfan Alan Fdeden Dr. Abbey Horwitz Jody Wagner Annabel Sacks Mark L. Goldstein Item V1-K. 4. - 46 - PLANNING ITEM # 48986 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED the Ordtnance upon apphcation of CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINIA BEACH for a Condtttonal Use Permit for church servtces and church related acttvtttes O~INANCE UPON APPLICATION OF CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINIA BEACH FOR A CONDITIONAL USE PERMIT FOR CHURCH SERVICES AND CHURCH RELATED ACTIVITIES ROI 1013093 BE IT HE. BY O~AINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA An Ordmance upon Apphcaaon of Ctty of Refuge Chrtsaan Church of Vtrgmta Beach for a Condmonal Use Permtt for church servtces and church related acttvtttes at the southeast corner of Holland Road and Stoneshore Drtve (GPIN #1486-82-3088). Satdparcel ts located at 3420 Holland Road and contatns 1 363 acres DISTRICT 3 - ROSE HALL The followtng condtttons shall be requtred All necessary permits and tnspecttons, and a ceraficate of occupancy, shall be obtatned from the Permtts and Inspections Dtvtston of the Ctty of Vtrgmta Beach Plannmg Department before occupancy and use of the umts as a church 2 Thts Condtttonal Use Permtt shall be for aperiod of three years Thts Ordtnance shall be effecave tn accordance wtth Sectton 107 (1) of the Zomng Ordtnance Adopted by the Councd of the City of Vtrgmta Beach, Vtrgtnta, on the Twen_ty-seventh qf November, Two Thousand One Votmg 11-0 (By ConsenO Councd Members Vottng Aye Ltnwood 0 Branch, IIL Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyers E Oberndorf Nancy K Parker, l/ice Mayor Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay' None Councd Members Absent None November 27, 2001 Item VI-K.$ -47- PLANNING ITEM ii 48987 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of A VIS RENT-A-CAR SYSTEM, INC. -ANNE LO MONACO for a Conditional Use Permit for motor vehicle rentals ORDINANCE UPON APPLICATION OF AVIS RENT-A-CAR SYSTEM, INC. - ANNE LO MONACO FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE RENTALS RO11013094 BE IT HE. BY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA An Ordinance upon Apphcatton of Avis Rent a Car System, Inc - Anne Lo Monaco for a Conditional Use Permit for motor vehicle rentals at the northwest corner of Rosemont Road and Virginia Beach Boulevard (GPhV #1487-54-6550) Satdparcel is located at 3664 Virginia Beach Boulevard and contains 18,295 2 square feet DISTRICT 5 - LYNNHA VEN The following conditions shall be reqmred 1 The renting of trailers or trucks shall be prohibited o There shall be no on-rote washmg, detathng, repair or maintenance of any motor vehicle on the site Vacuuming of the mtertor of vehicles may be done directly adjacent to the bmldmg, provided the vacuuming equipment (excluding the hose) is installed and enclosed entirely within the building and is not audible beyond the subject property No storage of rental cars shall be permitted tn the drive-through aisle or drive-through window area No addtttonal freestandmg stgns, outbuildings or other structures shall be permitted There shall be no mgnage installed on the portion of the bmldtng facing Virginia Beach Boulevard No more than twelve (12) rental vehicles shall be stored on the site at any time No new outdoor lighting shall be added to the site without authorization from the Planmng Director In the event that the existing outdoor hght fixtures are replaced, any new fixture shall not be erected any higher than fourteen (14) feet and shall be tn accordance with Section 23 7 of the City Zoning Ordinance (CZO) such that all outdoor lights and glare shall be deflected, shaded and focused away from all adjotnlng property No outdoor paging system, outdoor loudspeakers or outdoor music shall be permitted A landscape plan shall be submitted showmgaddtttonal streetfront plantings along Virginia Beach Boulevard in accordance with Section 5a of the Site Plan Ordinance All plantings shall be lnstalledprtor to occupancy Existing trees and landscaping shall be retained and mamtatned tn good health November 27, 2001 Item VI-K.$ PLANNING - 48 - ITEM # 48987 (Continued) 10 A Certtficate of Occupancy shall be obtatned from the Ctty Buddtng Offictal prtor to occupancy 11 The extsttng stx (6)foot htgh fence shall be matntatned tn good repatr This Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnia Beach, Vtrgmta, on the Twenty-seventh o_f November, Two Thousand One Vottng 11-0 (By ConsenO Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wllham W Harrtson, Jr ,Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None November 27, 2001 Item VI-K. 6. - 49 - PLANNING ITEM ii 48988 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl DEFERRED INDEFINITELY Ordtnance upon apphcatton of OCEAN BAY VENTURES, L.L.C., a Vtrgtnta Ltmtted Ltabthty Corporatton, for a Change of Zontng Dtstrtct Classt_ficatton from I-1 Ltght Industrtal and R-5D Restdenttal Duplex to Conditional A-24 Apartment ORDINANCE UP ONAPPLICA TION OF OCEAN BA Y VENTURES, L L C, A VIRGINIA LIMITED LIABILITY COMPANY, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 AND R-5D TO CONDITIONAL A-24 An Ordtnance upon Apphcatton of Ocean Bay Ventures, L L C, a Vtrgtnta hmtted hablhty company, for a Change of Zontng Dlstrtct Classt_ficatlon from I-1 Light Industrial Dtstrtct and R-5D Restdenttal Duplex District to Condtttonal A-24 Apartment Dtstrtct on certatn property located at the northwest corner of the Norfolk & Southern Railroad right-of-way and Cypress Avenue (GPIN #2417-94-4482) Theproposedzontng classtficatlon change to Conditional A-24 ts for multt-famtly land use at a denstty no greater than 24 dwelhng units per acre The Comprehenstve Plan recommends use of these parcels for suburban restdentlal/medtum and htgh denstty use Satd parcel contains 2 89 acres more or less DISTRICT 6 - BEACH Votmg 11-0 (By Consent) Counctl Members Votlng Aye Llnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C. Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wilson Counctl Members Voting Nay None Counctl Members Absent None November 27, 2001 Item VI-K. 7. - 50- PLANNING ITEM # 48989 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of ALICIA A. MAHAR for a Condtttonal Change o_f Zomng APPLICATION OF ALICIA A. MAHAR FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-20 RESIDENTIAL DISTRICT TO CONDITIONAL A G-2 AGRICULTURAL DISTRICT ZO11 O11214 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA An Ordtnance upon Apphcatton of Ahcta A Mahar for a Change of Zontng Dtstmct Classtficatton from R-20 Resldenttal Dtstrtct to Condtttonal AG-2 Agrtcultural Dtstrtct on the north stde of Prtncess Anne Road, 883 26feet west of Newstead Drtve (GPIN #2424-05-7877) The proposed zonmg classtficatton change to Condtttonal AG-2 ts for agrtculture land use The Comprehenstve Plan recommends use of thts parcel for suburban restdenttal/low denstty use tn accordance wtth other Plan pohctes Satd parcel ts located at 2186 Prtncess Anne Road and contatns 1 633 acres DISTRICT 7 - PRINCESS ANNE The followmg condltton shall be reqmred 1 An Agreement encompasstngproffers shall be recorded with the Clerk of Ctrcutt Court Thts Ordtnance shall be effective tn accordance wtth Sectton 107 O0 of the Zontng Ordmance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtma, on the rwen_ty-seventh of November, Two Thousand One Vottng 11- 0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Council Members Vottng Nay None Counctl Members Absent None November 27, 2001 City o£ Virginia Reach ]MTE~-OFFICE CO~ESPONOENCE In Reply Refer To Our File No. DF-5442 DATE: FROM: DEPT: November 12, 2001 TO: Leslie L. Lilley DEPT: City Attorney B. Kay Wilson~ Conditional Zoning Application Alicia A. Mahar City Attorney The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 27, 2001. I have reviewed the subject proffer agreement, dated October 22, 2001, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure DEED OF COVENANT AND AGREEMENT ALICIA A. MAHAR TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporabion of the Commonwealth of Virginia. THIS AGREEMENT, made this ,~?/~day of October, 2001, is by and between ALICIA A. MAHAR, Property Owner, GRANTOR; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE. WHEREAS, the GRANTOR is the owner of one (1) contiguous parcel of property located in the Princess Anne District of the City of Virginia Beach, comprising a total of approximately 2.1 acres, said parcel being known, numbered, and designated as follows: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbe~d and designated as Site "A-1" as shown on that certain plat entitled "Resubdivision of Site "Ah 'Subdivision of a Portion of the Woodrow W. White Estate' and Parcel Designated as '1.017 Acs. To old R/W line' on Plat Entitled 'Subdivision of Part of Property Shown on Plat Entitled 'Plan of Property of Mrs. Grace W. Prince', Virginia Beach, Virginia~ dated May 9, 2001, scale 1" -- 50', by L. S. Rood, P.C., Land Sur,~ors, said parcel containing 1.633 acres, more or less, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in May Book 296, Pages 29 & 30. WHEREAS, the parcel is hereinafter referred to as the "Property"; and WHEREAS, the GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the GRANTEE, so as to change the Zoning Classification of the Property from R-20 to Conditional AG2; and Prepared by: James W. Lam, Esquire 2425 George Mason Drive #209 Cou,thouse Commons Building Virginia Beach VA 23456 G PI N: 2414 05 7877 0000 WHEREAS, the GRANTEE'S policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the GRANTOR acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the GRANTOR'S re-zoning application gives rise; and WHEREAS, the GRANTOR has voluntarily proffered, in writing, in advance of and prior to the public hearing before the GRANTEE, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the property, which have a reasonable relation to the re-zoning and the need for which is generated by the re-zoning. NOW, THEREFORE, the GRANTOR, for themselves, their successors, personal representatives, assigns, GRANTEE, and other successors in tide or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or guid ?ro gua for zoning, re-zoning, 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 by binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, its successors and assigns, Grantees, and other successors in interest or title: 1. The conditional use of the property shall be restricted to the keeping, quartering and maintaining of a horse previously identified by the GRANTOR and GRANTEE and commonly referred to among them as "Mickey", an approximately 24-year-old American Quarter-horse. No other horse, or horses, of any kind, gender, age or breed shall be permitted on the property for the purposes outlined in this section at any time during the course of the re- zoning herein permitted. e That no form of commercial boarding, housing, maintaining, leasing, riding, showing, training, breeding or any other cognizable equestrian activity (s) of any kind or nature shall be permitted on the property. e A category IV landscape buffer shall be established and maintained along the north and west property lines and shall be established and maintained at such other places on the property as the GRANTEE may require from time to time for the duration of this agreement. 4. GRANTOR covenants and agrees to convert, or cause to be converted, within a reasonable period of time, a portion of the existing five-car garage located near the rear of the property into stable facilities sufficient to quarter the horse identified herein. 5~ The following activities inherent to AO-2 zoning shall not be permi~ on the premises at any time during the term of this Agreement: Agricultural, aquacultural, and horticultural uses, including orchards, vineyards, nurseries and the raising and grazing of livestock, poultry and swine and the keeping of bees, other than the horse referenced herein. Building-mounted antennas. Recreational and amusement activities, as specified in and subject to the provisions of subsection (c) of Section 401 of the Zoning Ordinance. Child caze education centers in connection with public or private elementary schools or ch~ches. Fish hatcheries and fish ponds. e Disposal of waste shall be conducted on the property at a minimum of twice daily and additionally as often as necessary to ensure sanitary conditions commensurate to those imposed on owners of residential property for the keeping of domestic animals. Further conditions may be required by the GRANTEE during detailed Site Plan review and administration of applicable City Codes by ail cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the GRANTOR and allowed and accepted by the GRANTEE as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zo,~ing Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instn~ment recorded in the Clerk's office of the City 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 heaxing before the GRANTEE which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as mended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The GRANTOR covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, 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 failare to meet all conclitions 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 Zo,~ing 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 GRANTOR and the GRANTEE. WITNESS the following signature and seal: EXL) ALICIA ~ MAHAR, GRANTOR STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ~_ The foregoing instrument was sworn, s~ and acknowledged before me this ¢2'~ay of October, 2001, by Ahcia A. Ma[~ :, '~ . NO~I~ PUBLIC My Commission Expires: - 51 - Item VI-K. 8 PLANNING ITEM # 48990 The followtng regtstered tn SUPPORT Btlly Almond, 209-70th Street, Phone, 422-9522 Attorney Edward Bourdon The followtng registered tn OPPOSITION: Attorney Michael Barney represented Norman Kahn, and read Mr Kahn's statement into the record,, 3624 Shorehne Drive, Portsmouth, Phone 484-4466 George A Wtlkte, 3752 Jefferson Boulevard, Phone 460-6139 Upon morton by Councdman Harrison, seconded by Vtce Mayor Sessoms, Ctty Councd ADOPTED an Or&nance to AMEND 39502 of the Ctty Zomng Ordtnance Ordtnance to AMEND 3g502 of the Ctty Zonmg Ordmance (CZO), reducing rear and side yard setback requirements for certatn accessory structures tn all restdenttal zomng dtstrtcts, increasing rear yard setback requirements for duplex and semtdetached dwelhngs tn R-5R Restdenttal Dtstrtcts, estabhshtng a maximum limitation on impervious surface coverage for stngle-famdy, duplex and semidetached dwelhngs tn the R-SR Restdenttal Dtstrtct and, including garages tn the determtnatton of floor area ratto for duplex and semtdetached dwelhngs tn R-SR Restdenttal Dtstrtct. The proposed amendments address the followtng tssues 1 Apparent tnequtty of the rear yard setbacks for stngle-famdy dwelhngs versus duplex dwelhngs tn the R-5R Dtstrtct Determtmng an alternattve method to mandate a mtntmum of green space on a lot tnstead of using the total coverage of the lot by buddtng tn the R-SR Dtstrtct An attempt to decrease the overall mass of the structures by addresstng how garage space ts calculated as part of the floor area reqmrements tn the R-5R Dtstrtct Excessive vartance requests to the Board ofZomng Appeals (BZA) concermng setbacks for accessory structures tn all restdenttal zomng dtstrtcts At the Planmng Commtsston Heartng, the Commission mo&fled two items tn the ortgtnal amendment proposal, whtch are reflected tn the amendment The Commtsston changed the 800 square feet of garage space (400 square feet per unto exempted form the calculatton of floor area ratto to 1000 square feet (500 square feet per unto 2 The Commtsston changed the permttted hetght for accessory structures from 14feet at the peak to 8feet at the eave Vottng 11-0 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham PV Harrtson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, dr and Rosemary I/Vdson Counctl Members Voting Nay None Councd Members Absent None November 27, 2001 Members of the North Virginia Beach Civic League The NVBCL Zoning Review Committee (ZRC) has been very busy working with the City of Virginia Beach's Planning Department in an attempt to move our Zoning Ordinance revisions forward along the legislative process. Our current goal is to revise the manner in which duplex condominiums and duplex apartments are developed within the R5R zoning which is the majority zoning of our civic league area. The ZRC came before the general membership several months ago with a presentation regarding duplex development issues. These issues centered around rear yard setbacks, amount of a parcel of land that a developer can cover with building and pavements (impervious cover), mass and scale of duplexes, and the general design of duplexes. The ZRC's concern about setbacks was that single-family development required a 20' rear yard setback whereas a duplex required only 10'. Duplexes are generally much taller box like structures that if continued to be constructed only 10' off the rear line could ultimately create cavernous rear yards of only 20' between structures in the rear lot areas The ZRC is requesting that the rear yard setback for duplexes be brought in line with single-famdy structures requiring 20' from the rear property line thus providing 40' of open space between structures in the rear yard. Remember that setbacks are our only tool to provide open green space between buildings! The ZRC's concern about impervious cover was made evident in our presentation to the general membership. Many duplexes at the North End are almost entirely paved with impervious cover (concrete, asphalt, etc.). This paving, which is in addition to the impervious cover of the duplex building itself greatly, increases the stormwater runoff to our streets and adjoining properties. Any one who has lived here for any period of time needs no introduction to our flooding problems! This issue suggested that there be some limitation to the amount of a site that can be covered in impervious cover. Currently, there is no ordinance affecting impervious cover. The result of which has been overdeveloped parcels that shed enormous amounts of rainwater into our antiquated stormwater system. The ZRC has worked with the city and after careful the Zoning Departments analysis of duplex development site plans submitted over the last three years has determined that a properly designed duplex with associated driveway, parking, sidewalks, and normal deck construction covers averages about 59% of a standard 50' x 150' lot. Our recommendation that has been supported by City Planning and City Zoning is to set a maximum of 60% impervious cover on a R5R zoned site. The ZRC's concern about the shear mass and scale of the recent duplex development has resulted in our looking at ways to reduce the impact of duplex development. The current zoning ordnance has a clause that sets a limit of how many interior square feet a duplex can encompass. We do not have an issue with the maximum but the catch is that garages are not included in this maximum square footage number. This has resulted in duplex development getting started with a 500 square foot garage that does not count in the total interior square footage maximum set by the code. These 500 square feet of garage is in addition to the interior square footage. The ZRC has found through its research that this greatly affects the size, mass and scale of these large box duplex developments. Therefore, we have included within our zoning revision initiative that garages be included in the interior square footage calculations. Finally the City Planning Department and the City Zoning Department asked the NVBCL to consider allowing them to revise the zoning ordinance with regards to accessory structures. They contend that accessory buildings have dominated many of the Board of Zoning Appeals agendas and they would like to revise the code to allow reasonable accessory buddings to be constructed within the current side yard and rear yard setbacks. The ZRC worked with the city to control the height and size of these accessory buildings and feel confident that this will have little impact on our neighborhood. The actual wording of the zoning ordinance revisions is as follows: 1. Reduce rear and side yard setback requirements for accessory structures no larger than 150 square feet in area and no higher than 14 feet in all residential zoning districts to 5 feet except when adjacent to a street or body of water (Lines 56- 77); 2. Increase rear yard setback requirements for duplex and semidetached dwellings in the R-5R Residential District (Line 227); 3. Establish a maximum limitation of 60% of lot size on impervious surface coverage for duplex and semidetached dwellings in the R-SR Residential District (Lines 243-249); and 4. Require the area encompassed by garages to be included in the calculation of floor area ratio for duplex and semidetached dwellings in the R-5R Residential District (Lines 235-242). Over the last year we have worked with Faith Christie from the Planning Department and Karen Lasley from the Zoning Department to refine these proposals into a package that presented a sound opportunity for success within the legislative process at the city. We are now at the starting gate of the legislative process. The proposal is planned to go to City Council possibly on April 24th or soon thereafter at which time the normal process is that it will be sent to the Planning Commission. The Planning Commission will hold public hearings on this and other matters as part of the normal process. Once this process has mn its course, a recommendation will be sent to City Council for their final consideration Hopefully we will be successful and will take the first step in the process of changing the way developers can build duplexes in our neighborhood. We will need residents to go to the Planning Commission hearing and speak on behalf of our initiatives~ It is imperative that we move forward now! Approximately 35% of our neighborhood IS now in duplex development. Under current zoning law there is nothing controlling the number of duplexes. It is possible that we could see 50% of our neighborhood in duplex condominiums over the next few years. We need your support now! The NVBCL Zoning Review Committee needs you to contact members of city council and members of the planning commission and tell them that you are concemed about duplex development in our neighborhood. Tell them that you support the NVBCL's initiatives. You can call the city clerk's office at 427 - 4303 to get the member information of the city council and city planning at 427 - 4621 for planning commission or go on line at http://www vbgov.com/City Hall/. To obtain City Council members information go to http://www vlrginia-beach.va.us/cityhall/govt/council html. To obtain Planning Commission members go to http./,'www v~rgm~a- beach va u~/dcpt/planning/Boards/pcmcmbers.html. This will list the Planning Commissioners whom some of you may know. You may wish to access the NVBCL website at x~ xx w.northendvb.org to obtain the commissioners information. We need to you to contact these people and let them know you support the NVBCL initiatives. Please understand that there is opposition to our initiatives from the development community Several duplex developers have been contacting residents and land owners (especially those with undeveloped lots) and scaring them into thinking that the NVBCL is trying to de-value their property. This is not true as anyone can continue to develop their site as a duplex development. We are trying to protect the character of our neighborhood by requiring that the duplexes be developed with more sensitivity to our neighborhood! Several of these developers do not even live amongst us but profit from developing our neighborhood and return home to their neighborhood elsewhere in the city. We need your support now! Should you have any questions, please feel free to call Billy Almond or Dave Jester about the Zoning Review Committee's initiatives. Billy Almond Chair NVBCL Zomng Review Committee Ruth Smith - Snug Harbor Development Ltr doc doc Page 1 ] NORTH VIRGINIA BEACH CIVIC LEAGUE ZONING REVIEW COMMITTEE MEMO Mr A R Gregor, Jr, President Snug Harbor Development, L.L.C 1728 V~rglma Beach Blvd, State 109 V~rgima Beach, V~rglma 23454 July 12, 2001 Dear Mr Gregor I am in receipt of your June 30, 2001 memorandum regarding the North Vlrg~ma Beach C~wc League's lnmat~ves concerning duplex development and as Chmr of the NVBCL Zomng Rewew Committee (ZRC) the committee felt ~t prudent to respond to your comments As a hfe long resident (1952) of the north end, a child of a long Ume Udewater general contractor (54 years), and raised ~n the regions construcUon industry, I made a personal decision to get involved with my neighborhood and how it was developed I have watched it change from clusters of single- family beach cottages to a prollferaUon of mulU-famdy structures that have greatly affected the look and feel of the neighborhood m which our enUre commmee resides When I became president of the NVBCL in 1998, It was my s~ngle goal to form a committee of volunteers to research the ~ssue of multi-family & commercml development at the North End, lnqmre as to the number ofvarmnces granted for mulu-famdy development, and help monitor the c~ty wah regards to lnspecUons & the need for varmnces After three years, over 250 variance cases, countless meetings with city staff, c~ty council members and zoning & building officials I can also assure you that the 14 members of the NVBCL Zoning Review Committee have a clear understanding regarding mulu-famfly duplex development m R5R and R7 5 zomng ~n V~rg~nm Beach The ZRC ~s not agmnst duplex development, we are agmnst poor s~te planmng, ambiguous or non-emstent architectural design & needless variances Many of our ZRC members are architects, landscape architects, developers, lawyers, ~ntenor designers, and economists who are well educated, have traveled the country, viewed countless good designs, well-planned communities and know that V~rg~ma Beach has room to ~mprove As you may or may not be aware, the current city code reqmres that in R5R zomng a duplex must be constructed on a 10,000 square foot lot Unfortunately, for many years developers have not or did not follow that reqmrement and we have been burdened with a multitude of"grandfathered" s~tuat~ons The North V~rglma Beach C~v~c League, in a rather heavily attended May 2000 general meeting, voted overwhelmingly to pursue the zoning lmtlat~ves that our commlltee has formulated and presented to the Zomng & Planmng Dept The overwhelming concern of the Clwc League was to preserve the residential character of the North End Dave Jester and l were Ruth Smith - Snug Harbor Development Ltr doc doc Page 2 i asked to be the spokespersons for the C~wc League Ruth Smith - Snug Harbor Development Ltr doc doc Page 3 ] In an effort to make the Civic League's position clear, I will respond to your comments regarding duplexes 1 "Many have been butlt after the demohtton ofdecreptt properttes, whtch had reached the end of thetr economtc hves " Many older beach homes at the North End have been refurbished, expanded and modernized with their neighborhood character and charm maintained Many older homes have been torn down and new single-family homes constructed in their place Duplex construction does not guarantee to rectify decrepit properties, any new construction will achieve the same result Unfortunately, a number of new duplexes have been built with revenue as the sole goal with the absentee, owner contributing very little if anything to the neighborhood 2 "The ctty tax base has been greatly enhanced wtth tncreased assessments In addttton, typtcal buyers are empty nesters or young couples w~th no school age children further lessenmg thetr economw cost to the ctty" Perhaps, but at what cost9 Double the density of a neighborhood and you have twice as many cars on public streets, twice the parking requirement per lot, twice as many families per street, twice as many utilities being consumed A duplex typically leads to increased lot coverage with a higher percentage of impervious surfaces that compound our storm water and drainage problems Often times these large box-like structures render EMS and Fire Fighters helpless as they try to fight fires between structures Doubling the density of a neighborhood that was never designed for this level of occupancy is a definite detriment to our community In addition, many older estabhshed residents are now burdened with much higher real estate taxes as their single-family homes are assessed at duplex prices 3 "There are no dtffertng setbacks for duplexes and absolutely no latttude ts gtven by the ctty" In addttton, duplex condomtmum plans already undergo astrtngent revtew to see they meet all zomng crtterta I do not beheve tt ts legal or feastble to have an architectural revtew of one type of plans, whtch meet all legal gmdehnes, unless thts revtew wtll be apphed to restdenttal properttes to be butlt tn the Ctty of Vtrgtnta Beach" A little homework on your part would have ehmlnated this statement Single-family side yard setbacks are 8 feet and a duplex is 10 feet However, current rear yard setbacks for a duplex are 10 feet and a single family is 20 feet One of our problems is this difference creates tunnels and a lack of hght and open space when duplexes are built back to back Clearly, a duplex should not have an advantage over a single-family home and all levels within the city and community agree this needs to be changed Duplex development is considered commercial development by the city and is reviewed by the Development Services Center that has a standard of review appropriate for this type of construction 3 3 Ruth Smith - Snug Harbor Development Ltr doc doc Page 4 I In our conversations with developers many have expressed approval of a design rewew because ~t would level the playing field Developers would be assured that the project next to theirs would maintain a quahty level that is not guaranteed now Design Review Committees work well ~n a number of c~ties in Virginia and successful commumtles around the country Virginia Beach ~s the largest mty ~n V~rglnla with a great deal of resources that could be used to continue to make us a great city and help preserve the character of ~ts oldest coastal community 4 "The tncluston ofdrtveways and garages tnto square footage and lot coverage rattos wtll only lead to more on street parlang and further tncrease two problems, the lack of on street or destgnated parktng areas and the narrowness of many streets tn these areas and no turnaround spacers or cul de sacs" The intention is to discourage paving the entire site, which contributes to the already monumental problem of storm-water management at the North End (and City-wide) Th~s is exactly the point against duplex development on lots less than 10,000 square feet If you cannot park the 4 or more cars generated by a duplex, on-site, wahln a reasonable pawng hmlt, the lot is simply to small for Duplex Development AlternaUvely, the duplex could be built smaller, thus allowing more lot coverage in paving, which may not be needed The smaller the structure the fewer cars generated 5 "Although I am sure everyone ts tortuous tn thetr optmons, please note that Mr Jester hves tn a 6, 000 square foot house wtth over 1, 700 square feet orporches, decks, andpatlos, whde Mr Almond hves on a stte contatmng a house, detached garage and garage apartment Th'ts ts the worse than a case of "not tn my back yard", it appears to be a case "not tn my back yard" now that I am fimshed In addttton, Mr, Jester ts one of the largest multt-famtly developers tn Hampton Roads area These denstttes tn hts recently announced projects, far exceeds the denstttes tn these resort areas" Perhaps a little more time with your research would have yielded correct ~nformat~on As one of the design professionals that assisted Dave Jester with the site planning of h~s residence, I can prowde you with some details F~rst, this was an excellent example of how "after the demohtlon of decreptt properttes, whtch had reached the end of thetr economtc hves "a beautiful single- family residence was created As you see Mr Jester refurbished an old beach cottage that had been around for many years and instead of demolition he added on to the emstlng footprint thus mamtmmng the character of the street Second, Mr Jester has a large 11,300 square foot lot, at the approved 35% lot coverage ~t allows 3,955 square feet on the 1st floor and with two floors he could (by code) build 7, 900 square feet He ~s only at 26% lot coverage, 35 feet m height, has all on s~te parking and has one of the most talked about single-family houses In our area, and did not ask for a single variance If only the rest could be as attractive Ruth Smith - Snug Harbor Development Ltr doc doc Page 5 i Mr Jester has developed multi-family projects all over the Commonwealth of Vlrg~ma and has just recently started a project ~n Virginia Beach, h~s first multi-family project in th~s area In over 5 years His latest project "South Beach" has brought a class of multi-family site and architectural design that I only w~sh other developers would attempt to achieve Additionally, the density levels ~n h~s recent project ~n V~rg~ma Beach were carefully rewewed by the c~ty and are less than the residential density approved for that zoning Mr Jester's project in Norfolk is less than the density requested by the adjo~mng neighborhoods and proffered by the previous owner As I mentioned before, Mr Jester and I are spokespersons for the entire and very concerned Civic League and we do not have a "personal" agenda in mind If you want to help, get ~nvolved, criticism IS the easy part As for my house, it is a small 2050 square foot single family home, and a detached 950 square foot garage w~th a design studio on the second floor of the garage I have a 7,500 square foot lot, 20% lot coverage, and structure height at 32 feet I d~d seek rehef from the Board of Zoning Appeals in 1994 for the 450 square foot design studio over the garage as I felt it was more beneficial to have less lot coverage, less impervious cover, and ! was in need of a home office to facilitate my community service act]mt]es The Board of Zoning Appeals granted my variance request on the condition that no k~tchen facilities are ~nstalled in the design studio There ~s no garage apartment on my property Please announce that you are coming by to review my property next time and I will be happy to give you a tour 6 The use of the term "btg box" is certatnly a mtsnomer These are not 100,000+ square foot retad stores, they are 1,500 - 3, 000 square foot homes wtth bay wmdows, turrets, porches decks, mtxed-use stdlngs and many archttectural features Why don't you ask a few homeowners tf they thtnk there castle ts an "ugly box "? "Big box" is not a term our committee coined for those un]ts viewed as "out of scale" duplexes It is relative to the dwelling that is next to them, neighborhood character and scale The ZRC did not create this term it comes from 30 years of duplex development that has caused many residents of the North End to use this phrase Perhaps your developments are examples of good design, we are not familiar w~th them, and we certmnly have not targeted any spec]tic developer with our lmt]atives If you and your company have made a conscientious effort to avoid the "B~g Box" look we are very happy to hear this and would like to know more on how you did it We have asked many prospective duplex buyers about their choices in "castles" One of our ZRC members is a long time well respected Realtor and we a have found that many potential buyers are saying that some of the umts on the market are big and out of scale They seem to be looking for quantity or revenue rather than quahty In closing, the North Virgima Beach Civic League and ]ts Zoning Review Committee are working to mmntam the "res]denual character of our neighborhood" This is part of the by-laws that our founding members estabhshed first ~n 1933 and then agmn ~n 1964 We are a group of citizen volunteers that have a passion for where they hve and are concerned for tts future We are umted to raise the design quality of our neighborhood through all the legal channels possible We are stewards of our neighborhood and with a mission of creating sustainable l~vable Ruth Smith - Snug Harbor Development Ltr doc doc Page 6 I environments for all of our residents Please VlSlt our webslte at http//www northendvb org/ We would be happy to meet with you to discuss your concerns about our committee and ~ts goals No matter on which side of the fence we sit, it is important that we take the t~me and energy to express our desires Thank you for expressing yours Sincerely, Wllham D Almond, ASLA, CLARB Chair, NVBCL Zoning Review Committee 431-1041 (Office)/422- 9522 (Home)/438-9939 (Cell) 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE BY REDUCING REAR AND SIDE YARD SETBACK REQUIREMENTS FOR CERTAIN ACCESSORY STRUCTURES IN ALL RESIDENTIAL ZONING DISTRICTS, INCREASING REAR YARD SETBACK REQUIREMENTS FOR DUPLEX AND SEMIDETACHED DWELLINGS IN THE R-5R RESIDENTIAL DISTRICT, ESTABLISHING A MAXIMUM LIMITATION ON IMPERVIOUS SURFACE COVERAGE FOR SINGLE-FAMILY, DUPLEX AND SEMI- DETACHED DWELLINGS IN THE R-5R RESIDENTIAL DISTRICT, AND INCLUDING SOME PORTION OF GARAGES IN THE DETERMINATION OF FLOOR AREA RATIO FOR SINGLE-FAMILY, DUPLEX AND SEMIDETACHED DWELLINGS IN THE R-5R RESIDENTIAL DISTRICT SECTION AMENDED' ~ 502 of the City Zoning Ordinance 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 502 of the City Zoning Ordinance, pertaining to dimensional requirements in Residential Zoning Districts, is hereby amended and reordained to read as follows: Sec. 502. Dimensional requirements. The following chart lists the requirements within the R-40 through R-5S Residential Districts for minimum lot area, width, yard spacing and maximum lot coverage for single-family dwellings. (a) For single-family dwellings- (1) Minimum lot area in square feet: (2) Minimum lot area outside of water, marsh, or wetlands: (3) Mlnzmum lot w~dth in feet: (4) M~n~mum front yard setback · n feet: (5) Minimum front yard setback when adjacent to a 40-foot r~ght-of-way created in accordance wzth section 4.1(m) of the subdmvlszon Residential Districts R-40 R-30 R-20 R-I5 R-10 R-7.5 R-5D R-5R R-5S 40,000 30,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000 24,000 24,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000 125 100 100 100 80 75 50 50 50 50 50 50 30 30 30 20 20 20 54 55 56 57 58 59 60 61 62 63 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 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 ordinance in feet: (6) Except as pro- vmded mn subdlv- lslon (6.1}, lmum side smde yard set- back except when adjacent to a street in feet: 55 55 55 35 35 35 25 25 25 20 (6.1) Minimum side yard setback for accessory structures no larqer than 150 square feet mn area and with an eave hemqht no qreater than 8 feet except when adTacent to a street 5 (7) Mmnlmum smde yard setback adjacent to a street in feet: 30 (8) Mmnmmum side yard setback when ad3acent to a 40-foot right-of-way created in accordance wmth sectmon 4.1(m) of the subdmvmslon ordinance in feet: 35 (9) Mmnmmum rear yard setback except for accessory structures mn feet: 20 (10)Except as provided mn subdmvmsmon (10.1), ~ mmnmmum rear yard setback for accessory structures ~ry mn feet: 20 (10.1) Minimum rear yard setback for accessory structures no larqer than 150 square feet mn area and wmth an eave hemqht no qreater than 8 feet except when adTacent to a street 15 15 10 10 5 & 10 8 8 5&10 5 30 30 30 30 30 18 18 15 35 35 35 35 35 23 23 20 20 20 20 20 20 20 20 20 15 15 10 10 10 10 10 10 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 (il)As an exceptmon the setback for any yard ad3acent to the Atlantic Ocean for any structures shall be 30 feet in the R-5R Dmstr~ct (12)Maximum lot coverage ~n percent: (13)Maximum total o__f building floor area and area of garages greater than 500 square feet expressed as a percentage of maximum allowable lot coverage: (14)Maximum area of ~mpervlous cover, as defined ~n 103 of the Chesapeake Bay Preservation Area Ordinance expressed as a percentage of the lot s~ze NA NA NA NA NA NA NA 30 NA 25 25 25 30 30 35 40 35 40 NA NA NA NA NA NA NA 200% NA NA NA NA NA NA NA NA 60% NA The following chart lists the requirements within the R-5D a~ ~ Residential Districts for minimum lot area, width, yard spacing and maximum lot coverage for duplex and semidetached dwellings. (b) For duplex and semidetached dwellings in the R-5D ~ ~ Residential Districtm: Duplexes Semidetached 170 171 172 173 174 175 176 177 178 179 180 181 182 183 (1) (2) (3) (4) (5) Minimum lot area 10,000 square feet 5,000 square feet Minimum lot w~dth 75 feet 35 feet Minimum front yard 20 feet 20 feet Mznimum front yard setback when adjacent to a 40-foot right- of-way created zn accordance wzth section 4.1(m) of the subdzvzs~on ordznance 25 feet 25 feet Minimum s~de yard except when ad3acent to a street 10 feet 10 feet 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 (6) (7) (8) (9) (10) (~Z) Minimum side yard when ad]acent to a street Minimum side yard setback when adjacent to a 40- foot right-of-way created in accordance with section 4.1(m) of the subdivision ordinance Minimum rear yard As an exception, the setback for any yard ad3acent to the Atlantic Ocean for any structures shall be 30 feet in the R-5R Dlstr~ct Maximum lot coverage Maximum building floor area expressed as a percentage of maximum allowable lot coverage 20 feet 20 feet 25 feet 25 feet 10 feet 10 feet 35 percent 200 percent 35 percent 200 percent 208 209 210 211 212 213 214 215 The followinq chart lists the requirements within the R-5R Residential District for minimum lot area, width, yard spacing and maximum lot coveraqe for duplex and semidetached dwellings. (bl) For duplex and semidetached dwellinqs in the R-5R Residential District: (].) (2) Minimum lot area M~nimum lot width Dupl exes Semide ta ch ed 10,000 square feet 5,000 square feet 75 feet 35 feet 216 217 218 219 220 221 222 223 224 225 226 227 (3) (4) (5) Minimum front yard Minimum front yard setback when adTacent to a 40-foot rzqht- of-way created in accordance wzth section 4.1(m) of the subdIvision ordinance Minimum side yard except when adjacent to a street 20 feet 20 feet 25 feet 25 feet 10 feet 10 feet 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 (7) (8) (9) (lO) (lz) (12) Minimum side yard when adjacent to a street Minimum side yard setback when adjacent to a 40- foot rzqht-of-way created in accordance with section 4.1(m) of the subdivision ordinance Minimum rear yard As an exception, the setback for any yard adjacent to the Atlantic Ocean for any structures shall be 30 feet in the R-5R District Maximum lot coveraqe Maximum total of buildznq floor area and area of qaraqes qreater than 1,000 square feet expressed as a percentaqe of maximum allowable lot coveraqe Maximum area of impervious cover, as defined in 103 of the Chesapeake Bay Pre- servat~on Area Ordinance, expressed as a per- centaqe of lot size 20 feet 20 feet 25 feet 25 feet 20 feet 20 feet 35 percent 200 percent 60 percent 35 percent 200 percent 60 percent 264 265 266 267 268 269 270 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 27tn day of November, 2001. CA-7918 ordin/proposed/czoR-5Ramd.wpd R-5 October 22, 2001 Item VI-K. 9 - 52 - PLANNING ITEM # 48991 Upon motton by Councdman Harrtson, seconded by Vtce Mayor Sessoms, Ctty Councd ADOPTED Ordmance to establish Transition Rules for amendments to the R-5R Restdenttal Zoning Dtstrtcts and for accessory structures tn ALL Restdenttal Zonmg Dlstrtcts Voting 11- 0 Councd Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wtlson Councd Members Vottng Nay None Councd Members Absent None November 27, 2001 AN ORDINANCE ESTABLISHING TRANSITION RULES FOR AMENDMENTS TO THE R-5R RESIDENTIAL ZONING DISTRICTS AND FOR ACCESSORY STRUCTURES IN ALL RESDENTIAL ZONING DISTRICTS WHEREAS, on November 27, 2001, the City Council adopted an ordinance entitled, "AN 6 ORDINANCE TO AMEND THE CITY ZONING ORDINANCE BY REDUCING REAR AND 7 SIDE YARD SETBACK REQUIREMENTS FOR CERTAIN ACCESSORY STRUCTURES IN 8 ALL RESIDENTIAL ZONING DISTRICTS, INCREASING REAR YARD SETBACK 9 REQUIREMENTS FOR DUPLEX AND SEMIDETACHED DWELLINGS IN THE R-5R 10 RESIDENTIAL ZONING DISTRICT, ESTABLISHING A MAXIMUM LIMITATION ON 11 IMPERVIOUS SURFACE COVERAGE FOR SINGLE-FAMILY, DUPLEX AND 12 SEMIDETACHED DWELLINGS IN THE R-5R RESIDENTIAL ZONING DISTRICT AND 13 INCLUDING SOME PORTION OF GARAGES IN THE DETERMINATION OF THE FLOOR 14 AREA RATIO FOR SINGLE-FAMILY, DUPLEX AND SEMIDETACHED DWELLINGS IN THE 15 R-5R RESIDENTIAL ZONING DISTRICT" (hereinafter the 'Ordinance'); 16 WHEREAS, the Ordinance became effective on the date of ~ts adoption; and 17 WHEREAS, it is the sense of the City Council that transition rules should be adopted to 18 govern cases in which plans for development of estabhshments subject to the provisions of the 19 Ordinance have been submitted, but not approved, prior to the effective date of the Ordinance, 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA' 22 1. That site plans and subdivision plats for developments which are subject to the 23 provisions of the Ordinance which were accepted for review, but neither approved nor disapproved, 24 on or before the close of business on the effective date of the Ordinance, shall not be subject to the 25 provisions of the Ordinance, but shall be required to comply with the ordinances and regulations of 26 the C~ty apphcable to such developments on the date of their acceptance for review; 27 2. That any such site plan or subdivision plat which was accepted for review on or 28 before the close of business on the effective date of the Ordinance, but which was d~sapproved, or 29 which is hereinafter disapproved, shall, if resubmitted within thirty (30) days of the date of 30 disapproval, or within thirty (30) days of the effective date of the Ordinance, whichever ~s later, be 31 subject to the ordinances and regulations of the City applicable to such developments on the date of 32 their acceptance for rewew; 33 3. That the prowsions of Paragraph 2 here~nabove shall apply only to the first 34 resubmlttal of a site plan or subdivision plat which has been disapproved, such that if disapproved 35 upon resubmlttal after the effective date of the Ordinance, all further development of the subject 36 property shall conform to the prowsions of the Ordinance, as well as to all other applicable laws, 37 ordinances, regulations and standards; and 38 4. That nothing ~n this ordinance shall be construed to deprive or deny any person of any 39 40 Adopted by the C~ty Council of the City of V~rglma Beach, V~rglma, on the 27th day of November, 2001. 41 CA-8306 42 bkw/transltlon.wpd 43 R-1 44 October 31, 2001 - 53 - Item VI-L.I. APPOINTMENTS ITEM # 48992 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS COMMUNITY SER VICES BOARD (CSB) HISTORICAL REVIEW BOARD PLANNING COMMISSION VIRGINIA BEA CH COMMUNITY DE VEL OPMENT CORPORA TION (VB CDC) November 27, 2001 - 54 - Item VI-L. 2. APPOINTMENTS ITEM # 48993 Upon NOMINATION by Vtce Mayor Sessoms, Cay Councd REAPPOINTED Floyd Waterfield S-Year Term 1/1/02 - 12/31/06 BOARD OF ZONING APPEALS (BZA) Vottng 11-O Councd Members I,'ottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, I"tce Mayor ~tlham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent None November 27, 2001 - 55 - Item VI-N. 1. NE W BUSINESS ITEM # 48994 The Abstract of Votes as recorded by the General Registrar, from the November 6, 2001 GENERAL ELECTION, is on file wtth the Ctty Clerk November 27, 2001 - 56- Item VI-O. AD JO URNMENT ITEM tt 48995 Mayor Meyera E Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:13 P.M. Beverly 0 Hooks, CMC Chief Deputy City Clerk h Hodges Smith, MMC City Clerk Meyera E Oberndorf Mayor Ctty of Vtrglnta Beach Vlrgtnta November 27, 2001