JANUARY 14, 2003 MINUTES
City of Virginia Beach
"COMMUNITY FOR A LIFETIME"
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
MARGARET L. EURE, Centerville - District I
HARRY E. DIEZ,EL, Kempsville - District 2
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOx, Beach - District 6
JIM REEVE, Prince..s Anne - District 7
PETER W. SCHMIDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL
CITY COUNCIL AGENDA
CITY HALL BUILDING I
240i COURTHOUSE DRIVE
ViRGiNiA BEACH, VIRGINiA 23456-8005
PHONE: (757) 427-4303
FAX (757) 426-5669
E MAIL:Ctycncl@vbgov.com
JAMES K. SPORE, City Manager
LESLIE L. LILLEY, City Attorney
RUTH HODGES SMITH, MMC, City Clerk
January 14, 2003
I.
CITY MANAGER'S BRIEFINGS
- Conference Room -
1:00 PM
A.
Hampton Roads Economic Development Alliance
Donald V. J ellig, Chariman
Jones Hooks, President
B.
Sandbridge Road Corridor Improvements
E. Dean Block, Director - Public Works
c.
Transition Area Master Plan
Robert J. Scott, Director - Planning
II.
REVIEW OF AGENDA ITEMS
III.
CITY COUNCIL COMMENTS
IV.
INFORMAL SESSION
- Conference Room -
4:30
PM
A.
CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
ROLL CALL OF CITY COUNCIL
c.
RECESS TO CLOSED SESSION
v.
FORMAL SESSION
- Council Chamber -
6:00 PM
A.
CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend Walter Whitehurst
Associate Pastor - Charity United Methodist Church
C.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D.
ELECTRONIC ROLL CALL OF CITY COUNCIL
E.
CERTIFICATION OF CLOSED SESSION
F.
MINUTES
1.
INFORMAL AND FORMAL SESSIONS
January 7, 2003
G.
AGENDA FOR FORMAL SESSION
H.
ORDINANCES
1.
Ordinances to AMEND the City Code:
a.
§ 2-15 to provide for Mayoral, City Council and School Board Elections to take
place on the First Tuesday in November.
b.
§ 36-172 re increase taxicab fares from $0.20 per 1/8 mile ($1.60 per mile) to
$0.23 per 1/8 mile ($1.84 per mile)and increase the Waiting Fee from $0.20 per
minute ($12.00 per hour) to $0.23 per minute ($13.80 per hour).
c.
§ 2-7 and 2-451 re Boards, Commissions and Committees setting forth the purpose
of the duties and appointment of the Volunteer Council Coordinator.
2.
Ordinance to AWARD a Lease to CROWN CASTLE GT COMPANY, LLC re
telecommunications facilities to be located on a portion of City-owned property at on Elbow
Road in the City of Chesapeake.
3.
Ordinance to AUTHORIZE $150,000 from retained earnings for the purpose of replacing the
Wide Area Network (WAN) telecommunication services and equipment.
J.
4.
Ordinance to APPROPRIATE $63,606 additional Community Development Block Grant
revenue to the FY 2002-03 operating budget ofthe Department of Housing and Neighborhood
Preservation for CDBG eligible programs.
PLANNING
1.
Applications of HARBOUR DEVELOPMENT CORPORATION, L.L.c. at North Landing
and West Neck Roads, containing 65.1 acres: (DISTRICT 7 - PRINCESS ANNE)
a.
Change of Zoning District Classification from AG-l and AG-2 Agricultural to
Conditional R-30 Residential re single family lots no less than 30,000 sq. ft.
b.
Conditional Use Permit re Open Space
c.
Variance Appeal re certain elements ofthe Subdivision Ordinance, Section 4.4(b), that
requires all newly created lots meet the requirements of the City Zoning Ordinance
(CZO) and reduce required street width
Deferred:
Staff Recommendation
Planning Recommendation:
July 9 , August 13 and October 8, 2002
DEFER to February 4, 2003
INDEFINITE DEFERRAL
2.
Application of HERON RIDGE PROPERTIES L.L.C. for a Change of Zoning
District Classification from AG-l and AG-2 Agricultural District to Conditional R-20
Residential District on Seaboard Road and Heron Ridge Lane, containing 6.21 acres in the
Transition Area. (DISTRICT 7 - PRINCESS ANNE)
Deferred:
Recommendation:
December 10, 2002
APPROVAL
3.
Application of L YNNDUNES, INc. for a Change Of Zoning from B-4 (SD) Resort
Commercial with a Shore Drive Corridor Overlay to A-42 Apartment with a PD-H 2 Overlay
on the south side of Page Avenue west of Jade Street (3232 Page Avenue), containing 38,986
square feet. (DISTRICT 5- L YNNHA VEN)
Recommendation:
APPROVAL
4.
Application of MICHAEL V. POLAK of Conditional Use Permit re a home occupation
(gunsmithing - repair of firearms) at Damascus Trail and Holland Road (3064 Damascus Trail)
containing 7, 613 square feet. (DISTRICT 7 - PRINCESS ANNE)
Recommendation:
APPROVAL
5
Application of MARGARET G. P A TSEL for a Conditional Use Permit re a horse boarding
facility at Crags Causeway south of Baum Road (6316 Crags Causeway) containing 47,727
square feet. (DISTRICT 7- PRINCESS ANNE)
Recommendation:
APPROVAL
6.
Application ofTBJ, LLC a Conditional Use Permitre three (3) multi-family residential units
at Page Avenue and Jade Street (3232 Page Avenue) containing 1, 175 square feet.
(DISTRICT 5- L YNNHA VEN)
Recommendation:
APPROV AL
7.
Application of OCEAN FRIES, INc. for a Conditional Use Permitre an eating and drinking
establishment at Atlantic Avenue and 23rd Street (2222 Atlantic Avenue) containing 1, 175
square feet. (DISTRICT 6- BEACH)
Recommendation:
APPROVAL
K.
APPOINTMENTS
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
MINORITY BUSINESS COUNCIL
RESORT ADVISORY COMMISSION (RAC)
VOLUNTEER COUNCIL
L.
UNFINISHED BUSINESS
M.
NEW BUSINESS
N.
ADJOURNMENT
** * * * * * * * *
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
***********
Agenda Ol/14/03/blb
www.vbgov.com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
14 January 2003
Mayor Meyera E. Oberndorf called to order the BRIEFING re the HAMPTON ROADS ECONOMIC
DEVELOPMENT ALLIANCE in the City Council Conference Room, City Hall Building, on Tuesday,
January 14, 2003, at 1 :00 P.M
Council Members Present:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
Peter W Schmidt
[Entered: 1:30 P.M.]
- 2-
CITY CO UNCIL BRIEFING
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
1:00 P.M.
ITEM # 50622
Donald V. Jellig" Chair - Hampton Roads Economic Development Alliance, recognized the contribution,
talent, creativity and vision of the City of Virginia Beach. He advised Mayor Oberndorfhas been extremely
active on the Executive Committee, the most frequently participating Mayor; City Manager Spore was
instrumental in the founding of the Alliance and its structure; Don Maxwell - Director of Economic
Development, both active on the Alliance and the Marketing Advisory Committee. Mr. Jellig introduced the
Members in attendance:
Jones Hooks
President
Michael Barrett
Treasurer
Doug Ellis
Capital Campaign - private sector
Tom Frantz
Capital Campaign - private sector
John Matson
Past Chair
The Hampton Roads Economic Alliance was formed in 1996, then known as Forward Hampton Roads,
with one key focus to enhance the competitiveness of this Region in the national and international scene. Its
key function was to attract new business. The Alliance maintains an inventory of all available space (office,
manufacturing, developable land, office parks, etcetera). The "prospect" views with the Alliance members
and the City representatives the various categories of space or real estate available and makes their decision
as to the sites to be visited. The "lion's share" of the effort on job creation occurs on the local level. Seventy
70%) percent of new job creations typically occur with the existing businesses. In addition to the Mayor, the
City of Virginia Beach, because of its contribution, has four (4) other Board seats currently occupied by
Robert G. Jones - Chair, Virginia Beach Development Authority, Donald L. Maxwell- Director of Economic
Development, Gerald S. Divaris - Divaris Real Estate, Inc., and Eric A. Hauser - Clark and Stant. The key
operating committee is the Executive Committee comprised of the six (6) Mayors and seven (7)
representatives from the private sector. Another key operating group is the Marketing Advisory Committee
comprised of all the Economic Development Directors of the individual municipalities. A cooperative
regional marketing plan is developed which reflects the goals, objectives and needs of each of the cities.
First Five (5) Years (1997-2001)
14,211 jobs
$491.09-MILLION in
Capital Investment
$ 34,789 Average
Base Salary/Benefits
January 14, 2003
- 3 -
C I T Y CO UN C I L BRIEFING
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
ITEM # 50622 (Continued)
Mr. Jellig advised the year 2002, from macro economic rationale, was not the most spectacular year for
results, reflecting both the State's and the Nation's low economy. The Alliance is financed with $1.00 per
capita from each jurisdiction and $6. O-MILLIONfrom private companies. One hundred forty-seven (147)
companies participate.
For every dollar invested in the Hampton Roads Economic Development Alliance (HREDA), THE City of
Virginia Beach obtained $10.28 in capital investment.
HREDA ASSISTED LOCATIONS EXPANSIONS - VIRGINIA BEACH
Federal Express
Mailing Concepts/ MCDirect
Veervalli International
New England Steamship
New Horizons
CIGNA Group Insurance
Lillian Vernon
FGI Incorporated
IMS Morat Sohne
Willcox Industries
Safecard
Concerning the "ProjectA" Lead Sources, the Virginia Economic Development Partnership is involved with
approximately twenty (20%) percent of the prospects. There are 2,000 organizations competing for a
company to relocate to their particular region or city. Today, we are competing with the economic
development groups throughout te United States and the World.
Jones Hooks, President, referenced the HREDA - Virginia Beach Partnership:
Virginia Beach Economic Development HREDA Business Attraction
Existing Industry Marketing Missions
Asset Development Trade Shows
Small Business Research Leads
Hospitality/Tourism Special Events
Retail Direct Mail
Entrepreneurial Programs International Promo Campaigns
Worliforce Development Consultant Relations
National Public Relations
January 14, 2003
-4-
CITY CO UNCIL BRIEFING
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
ITEM # 50622 (Continued)
Mr. Hooks displayed a chart depicting the aggressive marketing plan adopted and executed. Last year
17,403 telephone calls were made by marketing managers contacting companies around the World. Just
this week, representatives from the HREDA are visiting three (3) different states: Michigan, New Mexico
and Pennsylvania. This is an opportunity to promote Virginia Beach and the region.
TARGETS
Virginia Beach Priorities HREDA 2003 Strategy
Telecommunications Communications Equipment
Engineering and Management Engineering, Research and Management
Marine Services and Water Transportation Maritime Related Operations
related
Manufacturing Product Assembly and Testing
Computer & Software Development Producing Machinery & Equipment
Training & Development Software Development and Programming
Business Services (information tech/corporate Corporate Headquarters
offices)
Defense & Security Defense Contractors
Depot & Repair
Wholesale Packaging
Chemical Processing
The HREDA has targetedfor participation: Broadband Wireless, CEBIT, COMDEx, National Enterprise
IT, Sea Air Space 2003, Europort 2003, Sensors Expo; and, SuperComm, Technet International in
everyone of the Trade Shows requested by the City of Virginia Beach.
GOALS: 2002-2003
Creation of 215,500 targeted industry jobs with average salaries and
benefits of $35,000 and $640-MILLION in new capital investment
to enhance the regional tax base
400 visits to the Region
1,000 corporate appointments
January 14, 2003
-5-
CITY COUNCIL BRIEFING
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
ITEM # 50622 (Continued)
Mr. Hooks will provide information relative the other major cities' return on investment.
Mr. Hooks advised the most effective return has been the brokerlconsultant community. Usually companies
which have retained site selection consultants are extremely serious companies that have placed financial
resources into that process and are moving forward with a project. HREDA attempts to court those site
selection consultants extensively. The HREDA tries to maintain a close relationship with the Secretary of
Commerce as historically the State has been in a position of bringing new projects. With some of the
priorities of the State shifting, with an emphasis on promotion to southwest Virginia and those areas, there
has been a decline in the number of projects from the State in this region. There are twelve (12) employees
of the HREDA.
Donald Maxwell, Director of Economic Development, advised there is an excellent working relationship
between the staffs of Economic Development and the Alliance, as well as the other cities in the Region.
Relative fewer prospects, Virginia Beach is more selective. There is not any sense expending Human
Resource time on a prospect which the City would not desire for its community. Mr. Maxwell commended
the leadership of the HREDA.
January 14, 2003
r--.
- 6-
ITEM # 50623
Mayor Meyera E. Oberndorf called to order the CITY MANA GER'S BRIEFINGS re the SANDBRIDGE
ROAD CORRIDOR IMPROVEMENTS and TRANSITION AREA MASTER PLAN in the City Council
Chamber, City Hall Building, on Tuesday, January 14,2003, at 1:43 P.M
Council Members Present:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
January 14, 2003
- 7-
CITY MANA GER'S BRIEFINGS
SANDBRIDGE ROAD CORRIDOR IMPROVEMENTS
1:43 P.M.
ITEM # 50624
E. Dean Block, Director of Public Works, advised a preliminary comparison of the Sandbridge/Nimmo
Parkway Corridor was presented to City Council October 8, 2002. City Council requested Wetlands
Delineation and confirmation of Nimmo Corridor by meeting with the regulatory agencies. The Nimmo
Corridor appeared on the Master Street and Highway Plan in the 1970 's. The Corridor was removed from
the Master Transportation Plan in 2001. Sandbridge Road was studied as the primary corridor by the
Citizens Advisory Council in 2002. The CAC selected the preferred alignment (Hybrid #1) September 26,
2002.
Transportation Needs Summary
General Booth Boulevard to Upton Drive requires eight (8) lanes. Four
(4) lanes exist on Nimmo Parkway. Two (2) additional lanes on
Princess Anne Road are needed
Upton Drive to Atwoodtown Road requires six (6) lanes (4 lanes
Nimmo/2 lanes Sandbridge or 2 lanes Nimmo/4 lanes Sandbridge)
Atwoodtown Road to Sandbridge Beach requires two (2) lanes that
meet standards.
Sandbridge Road Corridor Improvements
Princess Anne Road and Sandbridge Road: 4 lanes divided from
General Booth Boulevard to Las Brisas Drive
Sandbridge Road: two (2) lane roadway from Atwoodtown Road to
Sandfiddler Road
Nimmo Parkway Corridor Improvements
Four (4) lane divided roadway from Upton Drive to Atwoodtown Road,
transition to 2 lanes after Atwoodtown Road
Two (2) lane roadway from Atwoodtown Road to Beach.
January 14, 2003
- 8-
CITY MANAGER'S BRIEFINGS
SANDBRIDGE ROAD CORRIDOR IMPROVEMENTS
ITEM # 50624 (Continued)
Sandbridge Corridor Wetland Impacts (Acres)
Emergent Scrub Shrub Forested Unconfirmed Sub- Total
Section 1 0 0 1.4 0 1.4
Section 2 0.1 0 0 0 0.1
Section 3 1.4 0.7 2.5 4.2 8.8
Section 4 0 1.9 0.6 0 2.5
Grand Total 12.8
Section 1 - General Booth Boulevard to Upton Drive
Section 2 - Upton Drive to Atwoodtown Road
Section 3 - Atwoodtown Road to McClanan 's Curve
Section 4 - McClanan 's Curve to Sandbridge Road
*These figures are based on Hybrid Alternative developed and recommended by CAC
Nimmo Environmental Findings
Delineation along corridor from Upton Drive to Sandbridge Road at
McClanan's Curve 200' wide corridor
Counted Cypress Trees impacted by bridge. One hundred (100) trees
4" or larger diameter
Confirmed delineation with Corps of Engineers December 17, 2002
Found three (3) headstones near Atwoodtown Road: three (3)
headstones from late 1700's in right-of way near Atwoodtown Road.
Nimmo Parkway Wetland Impacts (Acres)
Emergent Scrub Shrub Forested Cypress Sub- Total
Section 1 N/A N/A N/A N/A N/A
Section 2 2.3 0.1 2.9 0 5.3
Section 3 2. 0.2 3.7 0.3 6.2
Section 4 0 1.8 0.7 0 2.5
Grand Total 14.0
January 14, 2003
Tr
M
Pr
A
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-9-
CITY MANAGER'S BRIEFINGS
SANDBRIDGE ROAD CORRIDOR IMPROVEMENTS
ITEM # 50624
Environmental Impact Summary
ansportation
Section
Sandbridge Road as
the Primary Corridor
Sum of Sections 2
&3
Nimmo Parkway as
the Primary
Corridor
Project
Description
ecessary
imary Segments
1
Princess Anne
Road (4 lane)
1.4 Ac
1.4 Ac.
2
Sandbridge Road
(4 lane)
8.9Ac
0.1 Ac.
3
Sandbridge Road
(2 lane)
8.8Ac.
4
Sandbridge Road
(2 lane)
2.5Ac
dditional
etwork
2 Nimmo Parkway 5.3 Ac 11.5 Ac
(4 lane)
3 Nimmo Parkway 6.2Ac
(2 lane)
4 Nimmo Parkway 2.5 Ac
(2 lane)
TOTAL 12.8 Ac 15.4 Ac
2 Nimmo Parkway 4.3 Ac
(2 lane)
Sandbridge Road 1.0Ac.
Safety
GRAND TOTAL
17.1 Ac
16.4 Ac
PROJECT SUMMARY
Transportation Project Description Sandbridge Road as the Nimmo Parkway as the
Primary Corridor Primary Corridor
Necessary Princess Anne Road (4 lane) $ 8,475,000 $ 8,475,000
Primary Sandbridge Road (4 lane & 2 lane) $ 30,000,000 -
Segments Nimmo Parkway (4 lane) - $13,450,000
Nimmo Parkway (2 lane) - $10,700,000
TOTAL $ 38,475,000 $32,625,000
Additional Nimmo Parkway (2Iane) $ 3,800,000 -
Network Sandbridge Road Safety - $ 2,645,000
GRAND TOTAL $ 42,275,000 $35,270,000
January 14, 2003
- 10-
CITY MANA GER 'S BRIEFINGS
SANDBRIDGE ROAD CORRIDOR IMPROVEMENTS
ITEM # 50624 (Continued)
Mr. Block advised a meeting (approximately 3 hours in duration) was held on Monday, January 13,2003,
attended by the city staff, Councilman Reeve, the Department of Conservation and Recreation, Us. Army
Corps of Engineers, Department of Environmental Quality and the United States Fish and Wildlife Service.
Comments received were extremely preliminary as an application is not being made.
Sandbridge Road
Environmental Assessment required
6 to 12 month permitting process
Impacts to Hill Property
Nimmo Parkway
Impacts to Black Gut
Opposed by the United States Fish and Wildlife Service
Environmental Assessment required
Permitting will require significant time and money
The Army Corps of Engineers indicated the possibility of permitting a road for ten (10) to fifteen (15) years.
The staff believes the Army Corps of Engineers provided a balanced response.
Mr. Block advised the options for consideration:
Continue with existing Sandbridge CIP project
1. Proceed with design of Sandbridge Road safety improvements
2. Add Sandbridge Road to Regional Plan
3. Proceed with preliminary design of Hybrid#l and Permit
application
4. Continue with final design and construction when funds become
available
Pursue Nimmo Parkway as the preferred corridor
1. Proceed with design of Sandbridge Road safety improvements
2. Add Nimmo Parkway to City's Master Transportation Plan
3. Add Nimmo Parkway to Regional Plan
4. Proceed with Permit Application/Design
January 14, 2003
- 11 -
CITY MANA GER'S BRIEFINGS
SANDBRIDGE ROAD CORRIDOR IMPROVEMENTS
ITEM # 50624 (Continued)
Mr. Block advised the Nimmo permitting process for Nimmo would entail approximately 2 to 3 years versus
6 to 12 months for Sandbridge.
Mr. Chris DeWitt, Vanasse Hangen Brustlin, Inc. (VHB), advised the Environmental Assessment is a
process of consultation and coordination among various agencies. While an agency such as the Federal
Highway Administration or the Army Corps of Engineers might lead an environmental document and
permittingprocess, most of the other agencies attending the meeting on January 13,2003, would be involved
and discussing issues under their jurisdiction. The Army Corps of Engineers might have a particular interest
in Wetlands impacts, the Department of Conservation and Recreation might be particularly interested in
endangered species. Due to impacts to the Refuge, this is a procedural process and that is why the
consultants are suggesting the permitting and design process for Nimmo be substantially longer than
Sandbridge. One of the issues involved for either Corridor is Section 4F of the Federal Transportation Act,
which generally involves publicly owned parks or historical sites. In some cases, even though property might
not be taken (as the Wildlife Refuge), by proximity impact to the function of that resource, constructive use
has been made of the property; and, therefore would have an impact for which an evaluation is needed. A
determination is needed by the various agencies. Impact on wetlands will be an issue. Nimmo affects
Cyprus habitat and Sandbridge Road does not. The issue of the quality of that wetland, its relationship to
the overall ecological function of the Refuge will be raised on Nimmo, which is not the situation for
Sandbridge.
Mr. Block advised Ashville Creek is approximately IOO-foot wide. It will entail a 950-foot bridge to span.
Mr. Block advised the distance from Upton to the Beach re Nimmo Parkway alignment is 3.8 miles. The
Distance on the Sandbridge Road Alignment is 5- Y2 miles. The Sandbridge Road alignment involves two (2)
bridges, while the Nimmo Parkway alignment entails one (1) bridge.
City Council RECESSED for ten (10) minutes.
January 14, 2003
- 12-
CITY MANAGER'S BRIEFINGS
TRANSITION AREA MASTER PLAN
3:31 P.M.
ITEM # 50625
Mr. Scott advised ion August 27, 2002, City Council's resolution established by resolution the Transition
Area Technical Advisory Committee (TAT A C). Mr. Scott distributed a copy of the report which is hereby
made a part of the record. The committee membership had representation from such diverse groups as
environmentalists, developers, landowners, design professionals, Parks and Recreation and Planning
Commissioners. Additionally, Council Members Reeve and Schmidt were Liaisons to this committee
supported by Planning Department staff and other city of Virginia Beach departments. TAT A C was charged
with the responsibility of recommending to the Planning Commission technical means of clarifYing the
portion of the Comprehensive Plan concerning the Transition Area consistent with the vision for the
Transition Area. The committee met eleven times between September 9, 2002 and November 25, 2002. The
public was given an opportunity at the end of each TAT AC meeting to offer comments. On January 13, 2003,
this Plan was presented to the Planning and Agricultural Advisory Commissions. On January 27, 2003, the
Planning Commission will hold a Special Meeting to receive public comments re the Transition Area Master
Plan. On January 28, 2003, City Council will invite public comment in the Formal Session. The Advisory
Committee formatted their recommendations into three topics: Open Space/Recreation, Development
Design and Infrastructure/Funding.
Open Space/Recreation
Each main road should be seen as a scenic byway
Incorporate wider buffers (rangingfrom 150 feet in width to 300 feet) on either side
of selected roadway corridors, which may be used for open space and density credit.
Incorporate bike lanes on either side of scenic byways.
Designated trails along roadway corridors for north to South and East to West
connectivity. These trails meander along the road in some areas to off road where
wider buffers are designated. The North Landing River and its tributary West Neck
Creek are listed as Virginia State Scenic Waterways as well as being part of the
Atlantic Flyway for migratory birds. If trails are to be built in West Neck Creek
District Park (or under afuture name) in environmentally sensitive or habitat
areas, they should be built so as to minimize adverse impact and conform to federal
and state provisions. The committee also advocates connectivity with potential trails
south of the Transition Area.
Trails planned within developments with the intention of creating connectivity to
neighboring developments and to the primary trail system. Maintenance responsibility
for each facility should be established prior to construction.
Provide for ADA (Americans with Disabilities Act of 1990) accessibility on trails,
where practical
Utilize public parking, where applicable
Designate areas for non-motorized water craft launches
January 14, 2003
-13 -
CITY MANAGER'S BRIEFINGS
TRANSITION AREA MASTER PLAN
ITEM # 50625 (Continued)
Open Space/Recreation
(Continued)
Support for a Princess Anne Rural Heritage Park. Design location and operation
of park with Agricultural Department in concert with the Agricultural Advisory
Commission
Designate open space allowing for more active recreation concentrated in the
northern portions of the Transition Area and more passive recreation areas
located towards the southern portions of the Transition Area. The committee
also discussed potential open space south of the Transition Area, which
included the Rock Church Property.
Provide full connectivity from Stumpy Lake to Back Bay
Fragile areas should be protected in perpetuity by appropriate means (i.e. for
migratory bird protection)
The ranking of potential land acquisition for open space/ recreation areas:
Nimmo Center Area
West Neck Road/ Natural Area
Borrow Pits Area
Development/Design
Design guidelines for the Transition Area should be developed with the following
characteristics:
Incorporate thematic architecture and landscaping
Identify Activity Centers within the Transition Area
Princess Anne Commons
Municipal Center
Nimmo Center
Pungo Center
Eco Center
Define neighborhood serving commercial areas within a development
to allow the residents the opportunity to walk instead of getting into
their yards
No "big box" commercial establishments
Strive to achieve 50% of developable area for open space while
meeting established criteria
Allow varying lots sizes with no lot size minimum
Minimize the amount of impervious surface for all development, public
and private, and re-evaluate the Public Works Standards with this
goal in mind
Employ Low Impact Development techniques
January 14, 2003
-14 -
CITY MANAGER'S BRIEFINGS
TRANSITION AREA MASTER PLAN
ITEM # 50625 (Continued)
Development/Design
(Continued)
Add more specific language and graphics to the Transition Area Matrix as the basis
for the design guidelines
A maximum of one dwelling unit per developable acre should be earned based upon
quality of design using the matrix
Active adult communities are to be encouraged and should be treated differently
Encourage regional storm water management where practical and consistent with
federal and state standards
Infrastructure and Funding
The staff should develop a multi-year infrastructure improvement plan, emphasizing
those elements highlighted by the committee, including funding for their
construction and ongoing maintenance. The funding should not place tax burdens
on taxpayers outside the Transition Area for improvements whose benefit is unique
to the Transition Area. Instead, it should derive its funding primarily from the
substantial differential between the cost of new houses constructed in this area and
the average cost of a new home built in the community. Earmark an appropriate
amount of the increased revenue for construction and maintenance of public
facilities in the Transition Area. Should individual developments not generate
sufficient funds to cover their impact on the transition area infrastructure, other
strategies, such as proffers, may be employed to make up the difference.
Mr. Scott advised the typical houses being built in the Transition Area are mainly in the $400,000 range.
The average house within the City is approximately $145,000, with the average new house being $225,000.
The real estate tax revenue is approximately $3,000 per year more than the average residence in the City
and about $2,000 per year more than the average newly constructed house and about $800 per year more
than a mythical fiscally neutral house.
Mr. Scott advised Jim Arnhold did not sign the recommendations as he was out of the City. Tim Barrow did
indicate a reluctance to sign.
Mr. Scott advised the Green Line was established by the City Council with adoption of the 1979
Comprehensive Plan. North of the Green Line are those areas of the City where supporting facilities for
growth could be provided. South of the Green Line, the City does not have the ability to finance major
infrastructure improvements. Accordingly, growth is not encouraged in this area. In 1991, the City Council
made an adjustment to this rule with the establishment of Transition Area I This was a triangle area,
basically bounded by the old borough line with the base of the triangle being North Landing Road. Some
special considerations involved this area beingfiscally neutral. Transition Area II, basically between North
Landing Road, Indian River Road and West Neck Creek, primarily recognized the existence of development
that predated the Plan and was the result of Downzoning in 1986. Transition Area III is approximately from
West Neck Creek eastward to Newbridge Road. In 1997, Transition Area I, II and III were combined into
one Transition area.
January 14, 2003
- 15 -
ITEM # 50626
Mayor Meyera E. Oberndorf called to order the REVIEW OF AGENDA ITEMS in the City Council
Conference Room, City Hall Building, on Tuesday, January 14, 2003, at 4:44 PM.
Council Members Present:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
Margaret L. Eure
[Became ill: left at 4:44 P.M.]
January 14, 2003
- 16-
AGENDA RE VIE W SESSION
4:44 P.M.
ITEM # 50627
H 1. Ordinance to AMEND the City Code:
b.
§ 36-172 re increase taxicab fares from $0.20 per 1/8 mile
($1.60 per mile) to $0.23 per 1/8 mile ($1.84 per mile)and
increase the Waiting Fee from $0.20 per minute ($12.00 per
hour) to $0.23 per minute ($13.80 per hour).
Council Lady McClanan expressed concern and advised the individuals most affected by this rate increase
are the lower income residents of the City, who rely on the taxicab for transportation to Social Services,
hospitals, check cashingfacilities.
C Oral Lambert, Jr., Chief Operating Officer, advised the request came to the staff directly from the taxi
industry. This request was based on local companies' concerns Virginia Beach's rates were low regionally,
and were not in keeping with price level increases in gas, insurance and auto repairs. The cab companies
requested City Council consider increasing the current fare structure form $1.60 per mile to $1. 75 per mile.
The City Council establishes the cap for the rate.
Catheryn Whitesell, Director of Management Services, advised the taxicab industry is coordinating with the
Planning Department staff to address handicap para transit issues.
This item shall be discussed during the Formal Session.
ITEM # 50628
H2. Ordinance to A WARD a Lease to CROWN CASTLE GT
COMPANY, LLC re telecommunications facilities to be
located on a portion of City-owned property at on Elbow
Road in the City of Chesapeake
The City Manager advised this site is located on Elbow Road in the City of Chesapeake and is part of the
400 acre Stumpy Lake acquisition. The existing lessee, Crown Castle, desires to continue to rent the property
and sublease space on the tower to wireless telecommunications providers.
Deputy City Attorney Macali, distributed an organization chart and a list of officers/directors/authorized
representatives for Crown Castle GT Company LLC Said information shall be made a part of the record.
Deputy City Attorney Macali advised Councilman Schmidt that Parks and Recreation is basically in charge
of the property and believe this to be a suitable site.
January 14, 2003
-17 -
AGE N DA REV I E W S E S S ION
ITEM # 50629
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
H 1. Ordinance to AMEND the City Code:
c. § 2- 7 and 2-451 re Boards, Commissions and Committees settingforth the purpose
of the duties and appointment of the Volunteer Council Coordinator
H2. Ordinance to A WARD a Lease to CROWN CASTLE GT
COMPANY, LLC re telecommunications facilities to be
located on a portion of City-owned property at on Elbow
Road in the City of Chesapeake
H3 Ordinance to AUTHORIZE $150,000 from retained
earnings for the purpose of replacing the Wide Area
Network (WAN) telecommunication services and
equipment
H4. Ordinance to APPROPRIATE $63,606 additional
Community Development Block Grant revenue to the FY
2002-03 operating budget of the Department of Housing
and Neighborhood Preservation for CDBG eligible
programs
January 14, 2003
-18 -
AGE N DA REV I E W S E S S ION
ITEM # 50630
J.2. Application of HERON RIDGE PROPERTIES L.L. c.for
a Chamæ ofZoninf! District Classification from A G-1 and
AG-2 Agricultural District to Conditional R-20
Residential District on Seaboard Road and Heron Ridge
Lane, containing 6.21 acres in the Transition Area.
(DISTRICT 7 - PRINCESS ANNE)
Councilman Reeve advised the applicant has submitted a revised plan showing a reduction in the number
of lots from ten (10) to nine (9) single-family residential site. The applicant has proffered the minimum size
of dwelling unit allowed and minimum exterior design features for the units that are consistent with the
existing homes in the subdivision. This will ensure that the level of quality currently established in the
community is maintained.
ITEM # 50631
J.3. Application of LYNNDUNES, INc. for a Cham¡e Of
Zoningfrom B-4 (SD) Resort Commercial with a Shore
Drive Corridor Overlay to A-42 Apartment with a PD-H
2 Overlay on the south side of Page Avenue west of Jade
Street (3232 Page Avenue), containing 38,986 square
feet. (DrSTRfCT 6 - BEACJI) (DISTRICT 5-
LYNNHA VEN)
This application will be discussed during the Formal Session.
ITEM # 50632
J.4. Application of MICHAEL V. POLAK of Conditional Use
Permit re a home occupation (ømsmithinf! - repair of
firearms) at Damascus Trail and Holland Road (3064
Damascus Trail) containing 7, 613 square feet.
(DISTRICT 7 - PRINCESS ANNE)
Mayor Oberndorf and Council Lady McClanan will vote NAY on this item.
ITEM # 50633
J. 6. Application of TBJ, LLC a Conditional Use Permit re
three (3) multi-family residential units at Page Avenue
and Jade Street (3232 Page Avenue) containing 1, 175
square feet. (DJSTRJ-CT 6 - B£ACTI) (DISTRICT 5-
L YNNHA VEN
Councilman Wood advised receipt months ago of letters of opposition and then recently received letters
rescinding the opposition, This is an odd size lot and without this Conditional Use Permit would basically
render the application unbuildable.
January 14, 2003
~ 19-
AGE N DA REV I E W S E S S ION
ITEM # 50634
J 7. Application of OCEAN FRIES, INc. for a Conditional
Use Permit re an eatin~ and drinkin~ establishment at
Atlantic Avenue and 23rd Street (2222 Atlantic Avenue)
containing 1, 175 square feet. (DISTRICT 6- BEACH)
Councilman Maddox believes there may be one individual registered in opposition
ITEM # 50635
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
J1. Applications of HARBOUR DEVELOPMENT
CORPORATION, L.L.c. at North Landing and West Neck
Roads, containing 65.1 acres
(DISTRICT 7 - PRINCESS ANNE)
a. Change of Zonim! District Classification from A G-l and
AG-2 Agricultural to Conditional R-30 Residential re
single family lots no less than 30,000 sq. ft.
b. Conditional Use Permit re Open Space Promotion.
c.
Variance Appeal re certain elements of the Subdivision
Ordinance, Section 4.4(b), that requires all newly created
lots meet the requirements of the City Zoning Ordinance
(CZO) and reduce required street width
(DISTRICT 7 - PRINCESS ANNE)
J2. Application of HER ON RIDGE PROPERTIES L.L.c.for
a Change of Zoning District Classification from A G-l and
AG-2 Agricultural District to Conditional R-20
Residential District on Seaboard Road and Heron Ridge
Lane, containing 6.21 acres in the Transition Area.
(DISTRICT 7 - PRINCESS ANNE)
J4. Application of MICHAEL V. POLAK of Conditional Use
Permit re a home occupation (gunsmithin~ - repair of
firearms) at Damascus Trail and Holland Road (3064
Damascus Trail) containing 7, 613 square feet.
(DISTRICT 7 - PRINCESS ANNE)
J5. Application of MARGARET G. PATSEL for a
Conditional Use Permit re a horse boarding facility at
Crags Causeway south of Baum Road (6316 Crags
Causeway) containing 47, 727 square feet (DISTRICT 6
BEACII). (DISTRICT 7- PRINCESS ANNE)
January 14, 2003
I
- 20-
AGE N DA REV I E W S E S S ION
ITEM # 50635 (Continued)
J. 6. Application of TBJ, LLC a Conditional Use Permit re
three (3) multi-family residential units at Page Avenue
and Jade Street (3232 Page Avenue) containing 1, 175
square feet. (DISTRICT 6 B£ACIl) (DISTRICT 5-
LYNNHAVEN
Item J.1. (Harbour Development Corporation) will be DEFERRED, BY CONSENT, until the City Council
Session of February 4, 2003.
Mayor Oberndorf and Council Lady McClanan will vote NAY on Item J.4. (Michael V. Polak)
January 14, 2003
- 21 -
ITEM # 50636
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, January 14, 2003, at
5:05 P..M.
Council Members Present:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter
W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
Margaret L. Eure
[Became ill: left at 4:44 P,M.]
January 14, 2003
- 22-
ITEM # 50637
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended,for the following purpose:
PERSONNEL MATTERS: Discussion, consideration or interviews of prospective
candidates for employment, assignment, appointment, promotion, performance, demotion,
salaries, disciplining, or resignation of specific public officers, appointees, or employees
pursuant to Section 2.2-3711 (A) (1).
To Wit:
Appointments:
Boards and Commissions:
Hampton Roads Planning District Commission
Minority Business Council
Resort Advisory Commission
Volunteer Council
PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real
property for a public purpose, or of the disposition of publicly-held real property, where
discussion in an open meeting would adversely affect the bargainingposition or negotiating
strategy of the public body pursuant to Section 2.2-3711 (A)(3).
Agricultural Reserve Program - Princess Anne District (four parcel)
PROSPECTIVE BUSINESS OR INDUSTRY: Discussion concerning a prospective
business or industry where no previous announcement has been made of the business' or
industry's interest in locating in the community pursuant to Section 2.2-3711(A)(3)
LEGAL MATTERS: Consultation with legal counselor briefings by staff members,
consultants, or attorneys pertaining to actual or probable litigation, or other specific legal
matters requesting the provision of legal advice by counsel pursuant to Section 2.2-
3711(A)(7).
Adams Outdoor Advertising, LP. v. City of Virginia Beach
Adams Outdoor Advertising, LP. v. Board of Zoning Appeals
Upon motion by Councilman Jones, seconded by Council Lady Wilson, City Council voted to proceed into
CLOSED SESSION.
Voting:
10-0
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox,
Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva,
Rosemary Wilson and James L Wood
Council Members Voting Nay:
None
Council Members Absent:
Margaret L Eure
(5:05 P.M. - 6:00 P.M.)
January 14, 2003
- 23-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
January 14, 2003
6:08 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 14, 2003, at 6:08 P.M.
Council Members Present:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter
W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
Margaret L. Eure
[Became ill: left at 4:44 P.M.]
INVOCATION- Reverend Walter Whitehurst
Associate Pastor - Charity United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
January 14, 2003
- 24-
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM # 50638
Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting:
10-0
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Margaret L. Eure
January 14, 2003
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 50637, page 22, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711 (A) of the Code of Virginia requires a certification by the governing
body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
-
January 14,2003
- 25 -
Item V-F.J.
MINUTES
ITEM # 50639
Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of January 7, 2002
Voting:
10-0
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Margaret L. Eure
January 14, 2003
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
BY CONSENSUS, City Council ADOPTED:
- 26-
ITEM # 50640
AGENDA FOR THE FORMAL SESSION
January 14, 2003
-27-
Item V-I.
0 RD INAN CES/RESO L UTI 0 NS
ITEM # 50641
Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council APPROVED IN ONE
MOTION Items lc, 2,3 and 4 of the CONSENT AGENDA.
Voting:
10-0
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Margaret L. Eure
January 14, 2003
- 28-
Item V-L1.a.
0 RD INAN CES/RESO L UTI 0 NS
ITEM # 50642
The following registered in SUPPORT:
Al Wallace, 4601 Chippendale Court, Phone: 497-2187, President - Council of Civic Organizations
Steven Cowan, 280 South Parliament Drive, Phone: 473-8610
The following registered in OPPOSITION:
William Bailey, 481 Rosecroft Road, Phone: 288-5761, represented Virginia Beach Coalition of Public
Employees, Fire Fighters and Police officers.
Henry Ryto, 864 Old Virginia Beach Road, Phone: 428-2763
Brian Kirwin, 304 Cripple Creek Court, Phone: 463-0399, believed the best choice would be DEFERRAL
With Vice Mayor Jones PRESIDING, Mayor Oberndorf made a motion to ADOPT, seconded by
Councilman Maddox:
Ordinance to AMEND the City Code:
a.§ 2-15 to provide for Mayoral, City Council and School
Board Elections to take place on the First Tuesday in
November.
Voting:
4-6 (AFFIRMATIVE MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Harry E. Diezel" Richard A. Maddox, Mayor Meyera E. Oberndorf, and
James L. Wood
Council Members Voting Nay:
Vice Mayor Louis R. Jones, Reba S. McClanan Jim Reeve, Peter W
Schmidt, Ron A. Villanueva and Rosemary Wilson
Council Members Absent:
Margaret L. Eure
January 14, 2003
- 29-
Item V-I.l.b.
0 RD INAN CES/RESO L UTI 0 NS
ITEM # 50643
The following registered in SUPPORT:
Andrew Felix, represented Andy's Cabs, 1541 Beachview Drive, Phone: 467, 4752
Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council ADOPTED:
Ordinance to AMEND the City Code:
b. § 36-172 re increase taxicab fares from $0.20per 118 mile
($1,60 per mile) to $0.23 per 118 mile ($1.84 per mile)and
increase the Waiting Feefrom $0.20 per minute ($12.00
per hour) to $0.23 per minute ($13.80 per hour).
Voting:
8-2
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor
Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva
and James L. Wood
Council Members Voting Nay:
Reba S. McClanan and Rosemary Wilson
Council Members Absent:
Margaret L. Eure
January 14, 2003
10
11
12
13
14
15
16
17
18
19
20
21
22
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1
2
3
4
5
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 36-172 OF THE VIRGINIA BEACH
CITY CODE PERTAINING TO MAXIMUM
RATES FOR TAXICABS
SECTION AMENDED: § 36-172
6
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7
BEACH, VIRGINIA:
8
That Section 36-172 of the City Code is hereby amended and
9
reordained to read as follows:
Sec. 36-172.
(a)
Maximum rates for taxicabs.
No person owning,
controlling or driving a
operating,
taxicab wi thin the city shall charge an amount to exceed the
following rates of fare:
(1 )
(2 )
( 3)
(4 )
For the first one-eighth of a mile or fraction
thereof ..........,....
$1. 75
For each succeeding one-eighth of a mile or
fraction thereof . . . .. . B7ZB 0.23
Trunk charge
0.50
. . . . .
For each minute of waiting time
B7ZB 0.23
. . . .
If hired on an hourly basis, the rate of twelve dollar3 (Ç12.00)
thirteen dollars and eiqhtv cents ($13.80) per hour shall apply.
(b)
Notwithstanding the provisions of this section, taxicabs
bringing passengers into this city from without the city shall
charge the rates prescribed by the city or county in which they are
licensed.
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29
30
31
32
33
(c)
Any application for a fare increase under this section
shall
include
justification
and
such
such
fare
for
lncrease
financial and operating information as may be requested by the city
manager. The city council shall hold a public hearing before acting
on any such application for a fare increase, after public notice
for at least ten (10) days.
Adopted
Council
City
Virginia
Beach,
of
the
of
by
the
Virginia, on the 14th day of January, 2003.
CA-8691
data\proposed\36-172\ord.wpd
January 8, 2003
R-3
2
- 30-
Item V-Ll.c.
0 RD INAN CES/RESO L UTI 0 NS
ITEM # 50644
Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED:
Ordinance to AMEND the City Code:
c. § 2- 7 and 2-451 re Boards, Commissions and Committees
setting forth the purpose of the duties and appointment of
the Volunteer Council Coordinator.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt,
Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Margaret 1. Eure
January 14, 2003
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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1
2
3
4
5
ORDINANCE TO AMEND THE CITY CODE BY ADDING A
NEW SECTION 2-7, PERTAINING TO THE VOLUNTEER
COUNCIL COORDINATOR, AND AMENDING SECTION 2-
451 PERTAINING TO BOARDS, COMMISSIONS AND
COMMITTEES
6
7
Section Amended: § 2-451
Section Added: § 2-7
8
9
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That a new Section 2-7 of the City Code is hereby added to
Article I of Chapter 2 of the City Code, and Section 2-451 of the
City Code is hereby amended and reordained, to read as follows:
ARTICLE I.
IN GENERAL
. . . .
Sec. 2-7. Volunteer Council; Coordinator
The Volunteer Council shall promote volunteerism within City
governmental aqencies to enhance the economic, educational, social
and physical quality of the community and to support municipal
services valued by citizens of the City.
The City Council shall
appoint a Volunteer Council Coordinator, who shall serve without
pav and at the pleasure of the Citv Council and shall coordinate
the activities of the Volunteer Council and volunteers of the City.
ARTICLE XXII.
BOARDS, COMMISSIONS AND COMMITTEES
Sec. 2-451.
Definition of boards, commissions and committees.
Boards shall be defined as those advisory council-appointive
agencies
which
are
Virginia
prescribed by
the
Code
State
as
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33
34
35
"boards," as well as locally established bodies, the duty of which
pertains to or is governed by federal and state codes or local
ordinances.
Terms shall be specified and limited in accordance
with the applicable federal or state codes or local ordinances or
resolutions.
Those currently established are as follows:
Volullteer COUIlcil coordiIlator
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 14th day of January, 2003.
CA-8715
wmm\ordres\volunteercouncilordin.wpd
January 7, 2003
R-3
2
- 31 -
Item V-I. 2.
0 RD INAN CES/RESO L UTI 0 NS
ITEM # 50645
Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED:
Ordinance to AWARD a Lease to CROWN CASTLE GT COMPANY,
LLC re telecommunications facilities to be located on a portion of City-
owned property on Elbow Road in the City of Chesapeake.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt,
Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Margaret 1. Eure
January 14, 2003
AN ORDINANCE TO AWARD A LEASE OF A
PORTION OF THE CITY PROPERTY
LOCATED ON ELBOW ROAD, IN THE CITY
OF CHESAPEAKE, TO CROWN CASTLE GT
COMPANY, LLC, FOR THE PURPOSE OF
MAINTAINING AND OPERATING WIRELESS
TELECOMMUNICATIONS FACILITIES
WHEREAS, the Clerk has laid before the City Council, at its first regular
session held after the completion of the publication thereof, an ordinance adopted June
25, 2002, entitled "AN ORDINANCE TO PROVIDE FOR THE LEASE OF A PORTION
OF PROPERTY OWNED BY THE CITY OF VIRGINIA BEACH AND LOCATED AT
2705 ELBOW ROAD, IN THE CITY OF CHESAPEAKE, FOR THE PURPOSE OF
MAINTAINING
AND
OPERATING
WIRELESS
TELECOMMUNICATIONS
FACILITIES," together with a certificate of due publication of the same once per week
for two successive weeks in a newspaper of general circulation in the City, in the
manner prescribed by law; and
WHEREAS, Crown Castle GT Company, LLC has submitted the highest
bid for the award of such lease, which bid was delivered to the Mayor in open session
on the day and hour named in the advertisement and was read aloud; and
WHEREAS, the Mayor then and there inquired for any further bids, and
none were submitted; and
WHEREAS, in the opinion of the City Council, it is expedient and in the
best interests of the City that the said lease should be granted to Crown Castle GT
Company, LLC ;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1.
That the bid of Crown Castle GT Company, LLC be, and hereby is,
accepted, and that the aforesaid lease be, and hereby is, awarded to Crown Castle GT
Company, LLC, upon the conditions set forth in such lease.
2.
That the name of Crown Castle GT Company, LLC shall be
inserted in the aforesaid lease, and that the City Manager shall execute, on behalf of
the City, the attached lease entitled "Communication Tower Lease Agreement (Stumpy
Lake Tower Site), City of Virginia Beach, Lessor and Crown Castle GT Company, LLC,
Lessee," a summary of the material terms of which is hereto attached and a copy of
which is on file in the Office of the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
1 4tI9ay of ,Jðnl1ary
2003.
CA-8701
wmm\ord res\stu mpylake2ord in. wpd
R-1
December 30,2003
'L~
reation Department
APPROVED AS TO LEGAL SUFFICIENCY:
h ~ /tf f11d
Law Department
2
- 32-
Item V-I.3.
0 RD INAN CES/RESO L UTI 0 NS
ITEM # 50646
Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED:
Ordinance to AUTHORIZE $150,000 from retained earnings for the
purpose of replacing the Wide Area Network (WAN) telecommunication
services and equipment.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Margaret L. Eure
January 14, 2003
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
AN ORDINANCE TO AUTHORIZE THE EXPENDITURE OF
$150,000 FROM RETAINED EARNINGS IN THE
INFORMATION TECHNOLOGY INTERNAL SERVICE FUND
FOR THE PURPOSE OF PURCHASING EQUIPMENT AND
SERVICES TO UPGRADE THE WIDE AREA NETWORK
WHEREAS, the support agreements for the City's current wide
area network that provides remote connectivity to the Municipal
Center Campus and other City sites will soon expire; and
WHEREAS, funding for these improvements is available in the
Information Technology Internal Service Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
$150,000
Department
of
by
the
expenditure
of
That
the
19
Communication and Information Technology from the retained earnings
20
Fund is hereby
in the
Information Technology Internal
Service
21
authorized for the purpose of purchasing equipment and services to
22
upgrade the wide area network.
23
24
Virginia
Beach,
City
Council
of
of
the
by
the
Adopted
25
14th
of
January
, 2003.
Virginia, on the
CA-8698
Ordin/noncode/telecom.ord.wpd
January 8, 2002
R5
Approved as to Content:
Approved as to Legal
Sufficiency:
./' "..---
¡¿~j ,/-'. /Z;,
City AttO~¡;OUice
- 33-
Item V-I.4.
0 RD INAN CES/RES 0 L UTI 0 NS
ITEM # 50647
Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED:
Ordinance to APPROPRIATE $63,606 additional Community
Development Block Grant revenue to the FY 2002-03 operating budget of
the Department of Housing and Neighborhood Preservation for CDBG
eligible programs.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Margaret L. Eure
January 14, 2003
1
2
3
4
5
6
7
8
9
AN ORDINANCE TO APPROPRIATE $63,606
OF ADDITIONAL COMMUNITY DEVELOPMENT
BLOCK GRANT REVENUE TO THE FY 2002-
03 OPERATING BUDGET OF THE
DEPARTMENT OF HOUSING AND
NEIGHBORHOOD PRESERVATION FOR
ELIGIBLE PROGRAMS
WHEREAS,
$ 63, 606 of additional Community Development Block
10
Grant
("CBDG" )
revenue has been realized from the repayment of
11
loans and is available for CDBG eligible programs.
12
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13
VIRGINIA BEACH, Virginia:
14
That $63,606 of additional Community Development Block Grant
15 revenue is hereby appropriated to the FY 2002-03 Operating Budget
16 of the Department of Housing and Neighborhood Preservation to
17 operate CDBG eligible programs, with revenue from the repayment of
18
loans
(Non-Revenue Receipts)
in the Operating Budget increased
19
accordingly.
20
Adopted by the Council of the City of Virginia Beach, Virginia
21
on the
14th
day of January, 2003.
CA8705
Ordin/noncode/CDBG.ord
January 6, 2003
R3
Approved as to Content:
Approved as to Legal
Sufficiency:
Management
~~Q-
Item V-J.
PLANNING
- 34-
ITEM # 50648
1. . HARBOUR DEVELOPMENT CORPORATION, L.L.c.
2. HERON RIDGE PROPERTIES, L.L.c.
3. LYNNDUNES, INc.
4. MICHAEL V. POLAK
5. MARGARET G. PATSEL
6. TBJ, LLC
7. OCEAN FRIES, INc.
CONDITIONAL CHANGE OF
ZONING
CONDITIONAL USE PERMIT
VARIANCE
CONDITIONAL CHANGE OF
ZONING
CHANGE OF ZONING
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
January 14, 2003
- 35 -
Item V-J.1.
PLANNING
ITEM # 50649
Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council APPROVED IN ONE
MOTION Items 1 (DEFERRED), 2,4, 5 and 6 of the PLANNING BY CONSENT AGENDA.
Item 1 was DEFERRED until the City Council Session of February 4, 2003.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt,
Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Margaret 1. Eure
Mayor Oberndorf and Council Lady McClanan voted NAY on Item J.4. (POLAK)
January 14, 2003
- 36-
Item V-J.l.
PLANNING
ITEM # 50650
Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council DEFERRED to the City
Council Session of February 4, 2003, Ordinances upon applications of HARBOUR DEVELOPMENT
CORPORATION for a Conditional Change of Zoning, Conditional Use Permit and Variance Appeal to
decision of Administrative Officers re certain elements of the Subdivision Ordinance, Section 4.4(b), that
requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO):
ORDINANCE UPON APPLICATION OF HARBOUR DEVELOPMENT
CORPORATION, LL c., A VIRGINIA LIMITED LIABILITY COMPANY,
FORA CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A G-1
AND AG-2 TO CONDITIONAL R-30
Ordinance upon Application of Harbour Development Corporation, LL c.,
a Virginia limited liability company, for a Cham!e of Zonin~ District
Classification from AG-1 and AG-2 Agricultural Districts to Conditional
R-30 Residential District on certain property located on the south side of
N Landing Road, west of West Neck Road (GPIN #1493-58-7581). The
proposed zoning to Conditional R-30 is for single family land use on lots
no less than 30,000 square feet. The Comprehensive Plan recommends use
of this parcel for appropriate growth opportunities, consistent with the
economic vitality policies of Virginia Beach. Said property contains 65.1
acres. DISTRICT 7 - PRINCESS ANNE.
ORDINANCE UPON APPLICATION OF HARBOUR DEVELOPMENT
CORPORATION, LLc., A VIRGINIA LIMITED LIABILITY COMPANY,
FOR A CONDITIONAL USE PERMIT FOR AN OPEN SPACE
PROMOTION
Ordinance upon Application of Harbour Development Corporation, LL c.,
a Virginia limited liability company, for a Conditional Use Permit for an
Open Space Promotion on certain property located on the south side ofN
Landing Road, west of West Neck Road (GPIN #1493-58-7581). Said
property contains 65.1 acres. DISTRICT 7 - PRINCESS ANNE.
AND,
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Harbour
Development Corporation. Property is located on the south side of N
Landing Road, west of West Neck Road (GPIN #1493-58-7581). Said
property contains 65.1 acres. DISTRICT 7 - PRINCESS ANNE
January 14, 2003
- 37-
Item V-J.1.
PLANNING
ITEM # 50650 (Continued)
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Margaret L. Eure
January 14, 2003
- 38-
Item V-J.2.
PLANNING
ITEM # 50651
Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED an
Ordinance upon application of HERON RIDGE PROPERTIES L.L. C. for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF HERON RIDGE PROPERTIES,
L.L.C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM AG-lIAG-2 TO CONDITIONAL R-20 Z01032133
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Heron Ridge Properties, L.L. C for a
Change of Zoning District Classification from AG-lIAG-2 Agricultural
District to Conditional R-20 Residential District on the northwest corner
of Seaboard Road and Heron Ridge Lane (GPIN 2403663203). The
proposed zoning classification change to R-20 is for residential land use
on lots with a minimum of 20,000 square feet. The Comprehensive Plan
recommends this parcel for uses consistent with the policies of the
Comprehensive Plan for the Transition Area. Said parcel contains 6.21
acres more or less. DISTRICT 7 - PRINCESS ANNE
The following condition shall be required:
1.
An Agreement encompassing proffers shall be recorded with the
Clerk of Circuit Court
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of January, Two Thousand
Three.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Margaret L. Eure
January 14, 2003
- 39-
Item V-J.3.
PLANNING
ITEM # 50652
The following registered in SUPPORT:
Attorney R. E. Bourdon, Phone: 499-8971, represented the applicant and distributed photographs of the site,
adjoining properties and rendering of the proposed application. The proposal is to develop 18
condominium units on this 39,000 square foot parcel
The following registered in OPPOSITION:
Attorney Bill Bischoff, 512 Bushmell Drive, Phone: 422-4700, represented the Harbor View Condominium
Association, distributed petitions from 19 of 23 owners in OPPOSITION and a copy of the original plan
submitted in 1998. Said petition and plan are hereby made a part of the record.
Todd Solomon, 2360 First Landing Land, Phone; 496-5733, represented the Shore Drive Community
Coalition.
A MOTION was made by Councilman Wood, seconded by Councilman Reeve to ADOPT an Ordinance upon
application ofLYNNDUNES, INc.for a Chamæ OfZonim!:
ORDINANCE UPON APPLICATION OF LYNNDUNES, INC FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-4 (SD)
RESORT COMMERCIAL DISTRICT WITH A SHORE DRIVE CORRIDOR
0 VERLA Y TO A -24 AP AR TMENT DISTRICT WITH A P D- H2O VERLA Y
Ordinance upon Application of Lynndunes, Inc. for a Change of Zoning
District Classification from B-4 (SD) Resort Commercial District with a
Shore Drive Corridor Overlay to A-24 Apartment District with a PD-H 2
Overlay on the south side of Page Avenue, 530 feet more or less west of
Jade Street (GPIN 1489899316; 1489899450; 1489899457; 1489890364;
1489890350; 1489899298). Said parcel contains 38,986 square feet more
or less. DISTRICT 5 - LYNNHA VEN
Voting:
5-5 (AFFIRMATIVE VOTE TO APPROVE LOST TO A TIE VOTE)
Council Members Voting Aye:
Richard A. Maddox, , Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, and
James L. Wood
Council Members Voting Nay:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf and Rosemary Wilson
Council Members Absent:
Margaret L. Eure
January 14, 2003
Item V-J.4.
PLANNING
- 40-
ITEM # 50653
Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED an
Ordinance upon application of MICHAEL V. POLAK of Conditional Use Permit re a home occupation
ORDINANCE UPON APPLICATION OF MICHAEL V. POLAK FOR A
CONDITIONAL USE PERMIT FOR A HOME OCCUPATION
(GUNSMITHING - REPAIR OF FIREARMS) RO10331070
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Michael V. Polak for a Conditional Use
Permit for a home occupation on the north side of Damascus Trail,
1,336.34 feet west of Holland Road (GPIN 1494492834). Said parcel is
located at 3064 Damascus Trail and contains 7,613 square feet.
The following conditions shall be required:
1.
This Conditional Use Permit is for repair work only. No sale of
firearms or other products or merchandise is permitted.
2.
No more than 20 percent of the floor area of the dwelling unit
and accessory structures shall be used in the conduct of activity
associated with the home occupation.
3.
No traffic shall be generated by the home occupation in greater
volumes than would normally be expected in the neighborhood.
4.
No sign identifYing the business shall be installed on the exterior
of any building on the property or within any yard of the property.
5.
The home occupation shall not create noise, dust, vibration,
smell, smoke, glare, electrical interference, fire hazard, or any
other hazard or nuisance to any greater or more frequent extent
than would normally be expected in the neighborhood under
normal circumstances wherein no home occupation exists.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virgin ia Beach, Virginia, on the Fourteenth of January, Two Thousand
Three.
January 14, 2003
- 41 -
Item V-J.4.
PLANNING
ITEM # 50653 (Continued)
Voting:
8-2 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James
1. Wood
Council Members Voting Nay:
Mayor Meyera E. Oberndorf and Reba S. McClanan
Council Members Absent:
Margaret 1. Eure
January 14, 2003
- 42-
Item V-J.5.
PLANNING
ITEM # 50654
Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED an
Ordinance upon application of MARGARET G. PATSELfor a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF MARGARET G. PATSEL FOR
A CONDITIONAL USE PERMIT FOR A HORSE BOARDING FACILITY
RO10331071
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Margaret G. Patsel for a Conditional Use
Permit for a horse boarding facility on the east side of Crags Causeway,
380 feet more or less south of Baum Road (GPIN 1387855529). Said
parcel is located at 6316 Crags Causeway and contains 17.669 acres
DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1.
There shall be no more than 18 horses boarded on this site at one
time.
2.
No more than eight horses shall be boarded in the existing barn
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of January, Two Thousand
Three.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Margaret L. Eure
January 14, 2003
Item V-J. 6.
PLANNING
- 43-
ITEM # 50655
Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED an
Ordinance upon application of TBJ, LLC for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TBJ, LLc. FOR A
CONDITIONAL USE PERMIT FOR THREE (3) RESIDENTIAL UNITS
ROJO33 JO 72
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of TBJ, L.L. C. for a Conditional Use Permit
for three (3) residential units on the west side of Page Avenue, 396.92feet
south of Jade Street (GPIN 1489899629). Parcel is located at 3232 Page
Avenue and contains approximately 47,727 square feet.
The following conditions shall be required:
1.
The site shall be developed in substantial conformance with the
submitted site plan titled "EXHIBIT PLAN OF LOT 15, BLOCK
2, LYNNHA VEN SHORES FOR TBJ ASSOCs." Prepared by
Kellam - Gerwitz Engineering, Inc., and dated 10/14/02. Said
plan is on file in the City of Virginia Beach Planning
Department.
2.
The proposed building shall be constructed in substantial
conformance with the submitted architectural elevations titled
"PAGE AVENUE CONDOS, VIRGINIA BEACH, VIRGINIA ",
prepared by Warner and Associates, and dated 10/14/02, revised
11/21/02. Said plan is on file with the City of Virginia Beach
Planning Department.
3.
The applicant shall submit a landscape plan in accordance with
the Site Plan Ordinance, Section 5A, for the site. The landscape
plan shall address restoration and replanting of the area between
Page Avenue and the parking area. This area shall be planted
with plants that are recommended in the Shore Drive Corridor
Plan plant list.
4.
The applicant shall work with staff to protect and preserve the
live oak tree existing in the Page Avenue right-of-way at the
southeast corner of the site.
5.
The applicant and staff shall work together to modifY the pitch of
the roof on the structure to reflect the recommendations of the
Shore Drive Corridor Design Guidelines with a pitch between
6:12 and 10:12.
January 14, 2003
- 44-
Item V-J. 6.
PLANNING
ITEM # 50655 (Continued)
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of January, Two Thousand
Three.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Margaret L. Eure
January 14, 2003
Item V-J. 7.
PLANNING
- 45 -
ITEM # 50656
Attorney John Richardson represented the applicant
Jerry Hallal, 5024 Westgrove, Phone: 499-8834, displaced property owner, registered in OPPOSITION
Upon motion by Councilman Maddox, seconded by Councilman Schmidt, the City Council ADOPTED an
Ordinance upon Application of OCEAN FRIES, INc. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF OCEAN FRIES, INc., FOR A
CONDITIONAL USE PERMIT FOR AN EATING AND DRINKING
ESTABLISHMENT RO10331073
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Ocean Fries, Inc., for a Conditional Use
Permit for an eating and drinking establishment on the west side of Atlantic
Avenue, 23. 53 feet south of23rd Street (GPIN 2427193069). Said parcel is
located at 2222 Atlantic Avenue and contains 1,175 squarefeet.
The following conditions shall be required:
1.
The conditional use permit is approved for one year, at which
time, based on an administrative review, the Planning Director
shall determine if the use permit should be renewed for an
additional year or referred to the City Council for further review.
2.
All necessary permits, inspections, and approvals from the
Planning Department, the Fire Department, and the Alcohol
Beverage Control Board shall be obtained before occupancy of
the expansion. A Certificate of Occupancy for the units shall be
obtained from the Permits and Inspections Division of the
Department of Planning.
3.
The applicant shall install a decorative canvas awning / canopy
across the entire front of the units. The awning / canopy shall
substantially adhere to the submitted untitled elevation on file in
the City of Virginia Beach Planning Department. The awning /
canopy shall be complementary to the surrounding uses and
consistent with the theme of the public improvements in the
Oceanfront Resort Area. The Director of Planning or his
designee shall make the determination of compliance with this
condition.
4.
All business activities, specifically the identification checks of
patrons, shall be conducted inside the structure.
5.
The abilitv to exclude minors shall commence at 10:00 P.M
January 14, 2003
- 46-
Item V-J. 7.
PLANNING
ITEM # 50656 (Continued)
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virgin ia Beach, Virginia, on the Fourteenth of January, Two Thousand
Three
Voting:
8-2
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard
A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James
L. Wood
Council Members Voting Nay:
Mayor Meyera E. Oberndorf and Rosemary Wilson
Council Members Absent:
Margaret L. Eure
January 14, 2003
- 47-
Item V-K.1.
APPOINTMENT
ITEM # 50657
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS
RESORT ADVISORY COMMISSION (RAC)
January 14, 2003
- 48-
Item V-K.2.
APPOINTMENT
ITEM # 50658
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Harry E. Diezel
unexpired thru 6/30/04
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
Voting:
9-0
Council Members Voting Aye:
Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox,
Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Harry E. Diezel
Council Members Absent:
Margaret L. Eure
January 14, 2003
- 49-
Item V-K.3.
APPOINTMENT
ITEM # 50659
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Edwin G. Tirona
unexpired thru 5/31/03
plus 2 years 6/1/03 - 5/31/05
MINORITY BUSINESS COUNCIL
Voting:
10-0
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt,
Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Margaret 1. Eure
January 14, 2003
- 50-
Item V-K.4.
APPOINTMENT
ITEM # 50660
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Mary C. Russo
No term applicable
VOLUNTEER COUNCIL
(Volunteer Council Coordinator)
Voting:
10-0
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Margaret L. Eure
January 14, 2003
- 51 -
Item V-N.1.
ADJOURNMENT
ITEM # 50661
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:27 P.M.
a~----ç2=_Z~ ~ / ~
Beverly O.1iooks, CMC
Chief Deputy City Clerk
__nn- __nnnnnn- -- -- -------
uth Hodges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
January 14,2003