OCTOBER 29, 2002 MINUTESCITY COUNCIL
MA YOR MEYERA E OBERNDORF, At-Large
VICE MAYOR ROBERT C MANDIGO, JR, Kempsvdle -Dtstrtct 2
MARGARET L EURE, Centervdle -Dtstrtct 1
LOUIS R JONES, Baystde -Dtstrtct 4
REBA S McCLANAN, Ro~e Hall -Dtstnct 3
RICHARD A MADDOX, Beach -Dtstrtct 6
JIM REEVE, Princess Anne -Dtstrtct 7
PETER W SCHMIDT, At-Large
RON A VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L WOOD, Lynnhaven -Dtstrtct 5
dAMES K SPORE, Ctty Manager
LESLIE L LILLEE Ctty Attorney
RUTH HODGES SMITH, MMC, Ctty Clerk
City of Virginia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
( ID' HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE (757) 427-4303
FAX (75 7) 426-5669
E MAIL Ctycncl~vbgov corn
October 29, 2002
I. CITY MANAGER'S BRIEFINGS
- Conference Room -
1:00 PM
II.
Ao
CONVENTION CENTER
Steven Thompson, Chief Financial Offier
Bo
RUDEE INLET INNER HARBOR DREDGING
Dean Block, Director of Public Works
REVIEW OF AGENDA ITEMS
III CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room -
3:30 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: Dr. T. E. Thieman, Retired
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.
G.
H.
I.
J.
2.
3.
MINUTES
1.
INFORMAL AND FORMAL SESSIONS
October 8, 2002
PUBLIC HEARING
1.
CITY CHARTER AMENDMENTS: §§ 2.01, 2.02, 3.03, 3.04, 3.09, 16.02,
16.04 and 16.06
AGENDA FOR FORMAL SESSION
RESO L UTI 0 NS/ORD IN AN CES
1.
Resolution to EXTEND the charge of the Shore Drive Advisory Committee (SDAC) until
June 30, 2005.
2.
Resolution EXPRESSING City Council's position on the use of unspent local appropriations
re School Board employee salary increases to be effective November 15,2002, rather than as
scheduled in the operating budget for January 1, 2003.
3.
Ordinance to AMEND § 18- 72 of the City Code re business license taxes on coin-operated
machines.
4.
Ordinance to AUTHORIZE an encroachment into portions of the City's right-of-way by
DALE AND MARY ERICKSON for the existing fencing at rear of 4949 Athens Boulevard
(Lake Bradford Park). (DISTRICT 4 - BA YSIDE)
5.
Ordinance to ACCEPT and APPROPRIATE $267,113 from the Federal Emergency
Management Agency's (FEMA) FY 2002 Assistance to Firefighters Grant to the Fire
Department's FY 2002-03 Operating Budget.
6.
Ordinance to ESTABLISH the LONDON BRIDGE and S. GREAT NECK ROADS rights-
of-way at Central Drive and Potters Road intersections as underground utility areas to obtain
VDOT funding.
PLANNING
1.
Application of RICHARD H. POWELL for the enlargement of a nonconforming use, re a
garage apartment on the north side of 53rd Street west of Atlantic Avenue (209 53rd Street),
containing 7,650 square feet.
(DISTRICT 5 - L YNNHA VEN)
Recommendation:
APPROV AL
Application of CATHOLIC DIOCESE OF RICHMOND, Bishop Walter F. Sullivan, for a
Conditional Use Permit re a school on Clearfield Avenue and Marian Lane containing 2.41
acres.
(DISTRICT 2 - KEMPSVILLE)
Recommendation:
APPROV AL
Application of POTOMAC CONFERENCE CORPORATION, Seventh Day Adventist, for
a Conditional Use Permit re a church at Holland Road and Shipps Comer Road, containing
3.41 acres.
(DISTRICT 2 - KEMPSVILLE)
Recommendation:
APPROVAL
4.
Application of THE TAYLOR GROUP OF VIRGINIA, INC. re Change of Zoning District
Classification from 1-1 Light Industrial District and 1-2 Heavy Industrial District to
Conditional 1-2 Heavy Industrial District at London Bridge Road and Taylor Farm Road;
containing 218 acres.
(DISTRICT 6 - BEACH)
Recommendation:
APPROVAL
5.
Application of STONE WOOD CAPITAL, LLC, at 1676 Kempsville Road for a Variance re
certain elements of the Subdivision Ordinance, Section 4.4(b), that requires all newly created
lots meet the requirements ofthe City Zoning Ordinance (CZO) and reduce required street
width.
(DISTRICT 1 - CENTERVILLE)
Recommendation:
APPROVAL
6.
Ordinances re CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance(CZO):
a.
Parking requirements in the B-3A Pembroke Central Business Core District
b.
Setback requirements in the B-3A Pembroke Central Business Core District
Recommendation:
APPROVAL
K.
APPO INTMENTS
PARKS AND RECREA nON COMMISSION
L.
UNFINISHED BUSINESS
M.
NEW BUSINESS
1.
ABSTRACT OF CIVIL CASES RESOLVED - September 2002
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 10/29/02/st
www.vbgov.com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
29 October 2002
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re CONVENTION
CENTER in the City Council Conference Room, City Hall Building, on Tuesday, October 29, 2002, at 1 :00
P.M
Council Members Present:
Margaret L. Eure, Louis R. Jones, Vice Mayor Robert C. Mandigo, Jr.,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W.
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
Reba S. McClanan
[Out of the City]
,
..
-I
-2-
MA YOR 'S COMMENTS
ITEM # 50281
Mayor Oberndorf introduced and welcomed Mrs. Nancy Perry, the newly installed Executive Director of
the Virginia Beach HoteVMotel Association.
ITEM # 50282
Mayor Oberndorf advised, during the Formal Session, she will recognize Council Lady Eure who accepted
the 2002 VMLAchievement Awardfor Beach Magazine at the Annual Conference in Norfolk, Wednesday,
October 23, 2002.
October 29, 2002
-3-
CITY COUNCIL 'S BRIEFING
CONVENTION CENTER
1:00 P.M.
ITEM # 50283
Steven Thompson, Chief Financial Officer, advised this Briefing encompasses a staff revtew of the
tnformatton accumulated relattve the Conventton Center Further negottattons wtth the hotel and landowners
have not been tncluded The staff ts focustng on an tn-house revtew of two (2) sttes "Apples to Apples"
Introduction - Steve Thompson
Background- Jim Ricketts
Some Chronology
Council Discussion and Action
Oceanfront Development Strategy - Robert Scott
Dome v. Existing Site Analyses - John Herzke
Costs
Traffic
Land Use
Economic and Financial Analyses - Patricia Phillips
Dome v. Existing Site
Alternative Uses
Summary and Findings - Steven Thompson
James Rtcketts, Administrator -Conventton and Vtsttor Development, detatled the htstory of the studtes
and brtefings relattve the Conventton Center
DELOITTE & TOUCHE EXPANSION FEASIBILITY STUDY
(December 1991) Thts study recommended an expanston tn three
phases esttmated cost of $40-MILLION
WILLIAMS, TAZEWELL & ASSOCIATES/TVS STUDY (June
1994):
Concluded that, based on a study of five (5) sttes (31~' Street,
Rudee Inlet, Dome, McClesky property bordering the Vtrgtnta
Martne Sctence Museum, and current Pavdton stte The Pavthon
stte was best sutted for the development of an expanded multt-
purpose conventton center
The proposal recommended a phased expanston tncreastng
square footage from I31,196 to 418,598
KPMG PEAT MARWICK CONVENTION CENTER HOTEL
STUDY (June 1994)
Revtewed three (3) sttes (Rudee Inlet, 31~' Street and the
Pavdton) and concluded that there was a market demand for a
400-room conventton hotel tn Vtrgtnta Beach and that tt should
be located at Rudee Inlet
The hotel would be more successful wtthout an expanded
Pavthon, but more successful wtth an expanded Conventton
center
PRICEWA TERItOUSE (PWC) EXPANSION FEASIBILITY
STUDY (January 1997)
Recommended a total expanston to 418,598 square feet with a
150,000 square foot exhtbtt hall
October 29, 2002
-4-
CITY COUNCIL 'S BRIEFING
CONVENTION CENTER
ITEM # 50283 (Continued)
ST~IFF REPORT ON F/I CILITY EXP/INSION
Addressed the issues and concerns of regional and state-wide
competttton as well as fundtng
Ftve acttons were recommended
1 Update the 1997 PWC Feastbthty Study
2 Appotnt a broad-based committee (comprtsed of ctvtc and
bustness leaders) -ortgtnal commtttee had 31 members whtch
eventually tncreased to 50 Thts was not a closed commtttee
Four (4) subcommtttees were estabhshed Ftnance/Facthty
Destgn/Legtslattve and Commumty Awareness The &te
Selection Subcommtttee was developed for a short term
basts *
3 Ctty staff to work wtth the commtttee to prepare a fun&ng
strategy
4 Ctty staff to work wtth the commtttee to update the Arts and
Conference Center zomng strategy
5 Ctty staffto develop a masterplanfor land use and collateral
development opportumttes
The Stte Selectton Subcommtttee revtewed the issue between the Dome stte and the current Pavthon stte Thts
Commtttee, Charred by Robert Vakos, met during the Summer of 2000 Three (3) meettngs were held and a
tour of the Dome site Two straw votes were taken The one "straw vote" took tnto account the delay and
addtttonal cost relattve the Dome stte The Pavthon stte was chosen The second "straw vote" took the delay
and addtttonal cost relattve the Dome stte out of the equatton thus the Dome stte was chosen Thetr report
was forwarded to the matn Steertng Commtttee The Commtttee held focus group studtes tn the commumty
and a telephone survey The Commtttee vtstted Conventton Centers along the East Coast Atlanta, Georgta,
Mobde, Alabama: Savannah, Georgta, Myrtle Beach, North Carohna, Phdadelphta, Pennsylvama, and
Ocean Ctty, Maryland The Steertng Commtttee revtewed the report and voted unammously to support the
Pavthon stte To-date, approxtmately 200 meettngs have been held between the matn Commtttee and the
Subcommtttees
LIST OF CITY COUNCIL BRIEFINGS//ICTIONS
December 7, 1999
,4ugust 8, 2000
October 17, 2000
November 21, 2000
January. 16, 2001
January 31/February 1, 2001
February 6, 2001
February 8, 2001
February 20, 2001
February 27, 2001
March 27, 2001
Approved purchase of property next to
Pavilion (3.61a, $1.9m)
Briefing by Steering Committee
Briefing by PWC on Feasibility
Briefing by PWC on Financial Impacts
Briefing by Staff on Scenario Planning, Financial
Plans and Tourism in Virginia Beach
Briefing by Staff on Scenarios, Rating Agency
Feedback, Costs, Entertainment Venue
Informational Meetings/Public Open House
on design and site issues
Council Briefing on Informational Meetings
Public Comments Meeting - Green Run High School
City Council Workshop to discuss 2001-02 CIP
Letter from Mayor and Vice Mayor on recommendations
Direction to include funding of $193.5-Million for new facility
at Pavilion Site, and $20-Million for theatre in upcoming CIP
for FY 2001-02:
Council also requested City Manager to explore improving 19th
Street connection, and land banldng on southside
of 19th Street
Council consensus on recommendations
Staff briefing on Financial Plan
TVS briefing of new v. expansion costs
CIP/Budget presented for 2001-02. Plan briefing included
new Convention Center at Pavilion for $193.5-Million and
Replacement Theatre for $20-Million
October 29, 2002
-5-
CITY COUNCIL'S BRIEFING
CONVENTION CENTER
ITEM # 50283 (Continued)
April 3, 2001
April 12, 2001
April 13, 2001
April 24, 2001
May 15, 2001
Sept. 25, 2001
October 9, 2001
November 6, 2001
November 13, 2001
November 27, 2001
December 11, 2001
January 8, 2002
March 12, 2002
May 21, 2002
CIP/Budget Workshop included discussion on
Convention Center replacement and Theatre
replacement
Public Hearing on Budget/CIP 2001-02
City Council Budget Workshop, included Convention
Center Replacement (new construction at existing site)
and Theatre Replacement
Public Hearing on Budget/CIP 2001-02
CIP approved (11-0) by City Council which
contained fuuding for $193.5-Mmillion for Pavilion
site new facility and $20 million for theatre.
Briefing to Council on Land Acquisition at Pavilion/
SOM presentation to Council to outline floor plans and
recommendation from Steering Committee
City Council Briefing by Theatre Projects Consultants (TPC)
on Theatre Needs Assessment Study
Recom men ded Size:
1,000 - 1,200 Seats; 83, 704sf
Briefing on Construction Management/
Council adopted ordinance to authorize City Manager
to acquire property (II. 75a) at 19th/Birdneck
Council Adopted Resolution Approving Construction
Management Process
City Council Briefing by TPC on Site Analysis Study/
Recommended Location: Town Center
City Council Resolution endorsing Town Center as site for
new Performing Arts Theatre (10-0-01)
Council Adopted Ordinance to Authorize Acquisition of
Property for Public Parking at Pavilion by Agreement or
Condemnation (I1-0)
Council Briefing by SOM on three basic conceptual models
of Convention Center structure
SOM Council Briefing/City Council Consensus on Design
*On February 12, 2001, Councd Members Branch and Jones along wtth Mr Rtcketts and Mrs Phdhps
visited TBS tn Atlanta to discuss a posstble rebudd scenarto These were &scussed at the February 27, 2001,
Ctty Councd Sesston
Robert J Scott, Dtrector of Planmng, advtsedjust as majorprojects cannot be looked at wtthout examtntng
the Oceanfront as a whole, so the Oceanfront cannot be looked at wtthout examtmng the Ctty as a whole
Mr Scott ctted the GOALS
Ctty Counctl adopted the Oceanfront Concept Plan tn June 1994, whtch tncluded
seven (7) crtttcal gmdmg principals
Create an attracttve, wholesome, famtly resort desttnatton
Promote a safe, day and ntght, year-round resort desttnatton
Develop complementary resort acttvtty centers and corrtdors
Ensure excellence and a quahty tmage tn all resort area
development
Integrate natural environments tnto resort plans
Shift gradually toward a transit and pedestrtan-ortented
transportatton system
Plan the resort area for both local restdents and vtsttors
Better connectton to Oceanfront at 19th and 17h Streets
Work toward health of restdenttal neighborhoods
Create year-round restdenttal presence
Removal of non-comphmentary uses - leverage pubhc tnvestment
One of the key pubhc tnvestments would be the Conventton Center Mr Scott emphastzed the prtnctpal of
strategic thinking address key dectstons and goals collecttvely rather than one at a ttme to potnt to destred
outcomes
October 29, 2002
-6-
CITY COUNCIL 'S BRIEFING
CONVENTION CENTER
ITEM # 50283 (Continued)
Mr Scott ctted an excerpt from an edttortal, February 2002, tn The Vtrgtntan-Ptlot
"If, when all ts satd and done, all we have to show for tt ts a new bml&ng, we wtll
not have achteved our goals Part of tt ts to put the conventton tndustry where we
need tt, but also to unlock the real potenttal that the enttre area has"
Mr Scott &splayedphotographs of the extsttng 19~n Street area There ts very httle reason why anyone would
wtsh to walk down that street to get from one place to another Other ctttes have faced thts problem and
made dectstons leadtng them tn better dtrecttons Photographs of a street tn Florida were &splayed, whtch
tllustrated mtxed-use restdenttal and retatl wtth tnteractton of pubhc spaces There ts reason not just to walk
from one place to another, but actually to be present at thts locatton
GOALS AND OBJECTIVES OF THE PLAN
DIS TRICT IDENTITY
Strengthen the district surrounding 19th Street
Create clear 'sub-dtstrtcts' along the 19th Street Corrtdor
Strengthen the extsttng restdenttal neighborhoods
Strengthen the extsttng commercial netghborhood along 17th Street
ACCESS
Ltnk the future Conventton Center to the Waterfront
Create a pedestrtan-frtendly netghborhood
Upgrade the character of the 19th Street furmshtngs and hghttng
Reduce the amount of roadway paving on 19th Street
Reduce the amount of thru-traffic on 19th Street
DEVELOPMENT
Integrate the future Conventton Center tnto the 19th Street Dtstrtct
Provtde new netghborhood-servtng a conventton center-related retat[,
restaurants and servtces
Create an entertainment retail anchor at 19th Street and Pactfic Avenue
OPEN SPA CE
Create new netghborhood ctvtc spaces
Preserve extsttng stands of larger, stgntficant trees
COUNCIL 2001 POLICY AGENDA
(Partial)
Top Priority:
Pavthon Expanston/Relocatton
Stormwater Management and Dratnage
Open Space Pohcy, Plan and Fundtng
High Priority:
Vtrgtnta Martne Sctence Museum Phase III
Corrtdor Redevelopment (Vtrgtnta Beach Boulevard, Lasktn Road)
Moderate:
Beachfront enhancements
Redwtng Golf Course Next Step
Pending Priority
Rudee Loop Development Dtrectton
Ltve Entertatnment Venues
October 29, 2002
CITY
-7-
COUNCIL 'S BRIEFING
CONVENTION CENTER
ITEM # 50283 (Continued)
John Herzke, Ctty Engtneer, referenced tnformatton relattve the Dome versus Existing Site Analyses
The assumpttons are based on the study of TVS (Thompson, Ventulett, Stanback &Assoctates), Archttects
from Atlanta, Georgia TVS's comparison study was based upon rebuilding at the Pavthon stte and reviewing
etther an on-grade or elevated structure at the Dome stte The work of the current Ctty's archttects,
Skidmore, Owens and Merrtll, was layered mto thts analyses as a matter of compartson
MAJOR FEATURES - BUILDING
Current Project Program
500, 000 square feet total
Exhtbttton hall, ballroom, meettng rooms
Dome Site differences
Two separated buddtngs
Pedestrtan brtdges
Elevated exhtbttton hall
Elevated loadtng docks
Elevated ballroom
Ocean views
MAJOR FEATURES - PARKING
Pavilion Site - 2500 surface spaces
650 spaces north of19~n Street
1850 spaces south of 19tn Street
Dome Site Elevated - 2698 total spaces
2158 spaces tn parktng garage
540 spaces on-grade below exhtbttton halls
[850 surface spaces to replace extstmg Dome stte parking]
Dome Site On-Grade - 2808 total spaces
2158 spaces tn parking garage
650 spaces on-grade to Balttc
[850 surface spaces to replace extstmg Dome stte parktng]
MAJOR FEATURES -SITE IMPROVEMENTS
Pavilion Site
]9th Street plaza - new traffic flow/stophghts/street
narrowtng/fountatn/landscapmg
Dome Site
Balttc Avenue to be wtdened to 4 lanes
Improve Btrdneck/19th Street
Severe congestion hkely during Summer months
Oceanfront roadway network currently destgned for local traffic
and ts not suffictent for htgh volumes of large trucks
October 29, 2002
-8-
CITY COUNCIL'S BRIEFING
CONVENTION CENTER
ITEM # 50283 (Continued)
TRAFFIC ISSUES
Pavthon Stte
Mo&fy stgnage to butldtng vta Parks Avenue
Improve Parks Avenue between 1-264 and Iff* Street
Dome &te
Balttc Avenue to be wtdened to 4 lanes
Improve Btrdneck Road/19tn Street
Severe congestton hkely durtng Summer months
Oceanfront roadway network currently destgned for local
traffic and ts not sufficient for high volumes of large trucks
MAJOR FEATURES - EXPANSION CAPA CITY
(expanstons occur tn tncrements of approxtmately 150, 000 square feet of exhtbmon
hall, plus other program requtrements)
Pavilion Site
Ist Current project
2"a Expand to the west
3ra and 4th Expand on south stde of 1 ffh Street
All expanstons to be on land currently owned or currently betng
acqutred
Dome Site Elevated
st
2nd
3ra and 4th
Current proJect
North expanston from 20th to 22"a Streets between
Pactfic and Balttc- tncludes addtttonal land acqutsttton
(2 blocks)
Undefined
Dome Site On-grade
]st
2ha
3ra and 4th
Current project
West expanston from Balttc to Me&terranean between
l ffh and 21st Streets - includes land acqmsmon (2 blocks)
Undefined
Mr Herzke referenced the current schedule at the Pavilion site, the project schedules for the Dome site
elevated option and the Dome site on-grade option.
Re the current schedule of the Pavilion site, the destgn commenced tn early 2002, and expected completton
ts mtd 2003 Land acqutsttton entatls rtght-of-entry by the end of February Constructton of the first phase
would entatl twenty-two (22) months Thts ts whtle keepmg the extstmg Pavthon open for business There
ts a pemod tn between where the City moves into the new facthty and tears down the existing bmldtng Phase
lB commences, whtch mvolves another etghteen (18) months Constructton should be complete by August
or September 2006, wtth Grand Openmg November 2006
Concerntng the schedule of the Dome Site elevated option, construction would have to be renegottated wtth
both SOM, the Archttects, and Turner, the Constructton Manager The destgn would commence tn danuary
2003 and entatl approxtmately etghteen (18) months Land acqutsttton would entatl twenty-four (24) months
Constructton would be thtrty-stx (36) months and Grand Opemng Aprtl 2008
Concerntng the schedule of the Dome Site on-grade option, the design would commence tn January 2004
and entatl approxtmately etghteen (18) months Land acqutsttton would entatl thtrty (30) months
Constructton would be thtrty-stx (36) months and Grand Opentng October 2008
October 29, 2002
CITY
-9-
COUNCIL'S BRIEFING
CONVENTION CENTER
ITEM # 50283 (Continued)
PAVILION PROPERTY ACQUISITION
No of Parcels
Sq Foot Acreage Assessment Appraisal Spent to Date Cost to Complete Acquisition
I Condo Sch~lule
Parcels Units
$10,141,621
$4,090,000 $9,410,000
Total $13,500,000
12 months
64 Parcel Owners + 55 Condo's = 119
Majority of the property is vacant
36% of property acquired to date = 23 parcels
2 parcels have pending settlements
39 parcels remaining to complete acquisition
DOME SITE OPTION #1 - ELEVATED
No of Parcels
Block Condo Sq Feet Acreage Assessment Appraisal Spent to Cost to Acqu,sltlon
Date Complete Schedule
Parcels
Units
3 16 N/A 90,000 2 06 1,677,993 Unknown ~ 18 months
5 15 N/A 150,000 3 44 4,691,47g Unknown ~ 24 months
6 14 82 150,000 3 44 2,530,012 Unknown ~ 24 months
7 8 N/A 96,000 2 20 3,627,377' Unknown ~ 18 months
8 5 N/A 67,500 1 54 $8,206,612 Unknown l~ 18 months
,
$20,733,473~ $25,916,840
Experience at the current project site has shown the cost to acquire is
approximately 50% above assessment.
NOTE: Does not include costs for relocating EMS Headquarters &
Treasurer's Office.
DOME SITE OPTION #2 - ON-GRADE
No of Parcels
Block Sq Foot Acreage Assessment Appraisal Spent to Cost to Acquisition
Condo Date Complete Schedule
Parcels
Units
1 18 24 150,000 3 44 3,896 809 Unknown ¢~ 30 months
2 20 N/A 150,000 3 44 2 383,309 Unknown O 30 months
3 16 N/A 90 000 2 06 I 677 993 Unknown O 18 months
4 20 N/A 150 000 3 44 3,182 011 Unknown ~ 30 months
5 15 N/A 150 000 3 44 4,691 479 Unknown ~ 24 months
7 8 N/A 96,000 2 20 3,627,377 Unknown ¢~ 18 months
8 5 N/A 67,500 I 54 $8 206,612 Unknown ¢~ 18 months
i
102 24 853,500 19 56 $27,665,590 $34,581,985
Experience at the current project site has shown the cost to acquire is
approximately 50% above assessment.
NOTE: Does not include costs for relocating EMS Headquarters &
Treasurer's Office.
October 29, 2002
-lO-
CITY COUNCIL'S BRIEFING
CONVENTION CENTER
ITEM # 50283 (Continued)
BUDGET/ESTIMATES COMPARISON SUMMARY (in millions)
Current Project Dome Elevated Dome Site On-Grade
TVS (updated) SOM TVS (updated) SOM
Design 16 2 23 4 24 0 20 9 21 7
Constructton
Building 118 0 147 3 152 4 123 2 130 4
Parking Structures 26 3 26 3 26 3 26 3
Site~Surface Parking 15 4 11 I I1 1 14 0 I4 0
Construction Total 133 4 184 7 189 8 163 5 170 7
Furntture/Ftxtures/Equtp 7 2 8 0 8 0 8 0 8 0
Real Estate (mci Balttc I9 2 20 0 20 0 29 8 29 8
ROW)
Conttngenctes/Other
Project costs 17 5 25 7 26 3 24 3 25 2
Subtotal 193 5 261 8 246 5 246 5 255 4
Future Expansion Land 9 0 9 0 7 9 7 9
Replace Dome Stte
Parktng 4~5 4 5 4 5 4 5
PROJECT TOTAL $2 75.3 $258.9
$291.9 $269.8
October 17, 2000
Estimates
CONSTRUCTION COSTS - DOME SITE
Construction (Building) Elevated On-Grade
same program as current project 118.0 118.0
elevated bridges .6 .6
restricted site 2. 0 2. 0
elevated ex. Halls/Docks 19.2
elevated ballroom .5 .5
retail 1.4
escalation 10. 7 9.3
Total 152.4 130.4
ESSENTIAL RENO VA TIONS INCLUDE
ADA Update/Comphance
Remodel/Replace/Upgrade
Mechantcal/Electrtcal upgrade
Replace furmture
Destgn Servtces
Conttngenctes
Escalatton
TOTAL
THEATER RENO VA TIONS
Cost
$ 550,000
$1,700, ooo
$ 50,000
$ 60, 000
$ 275,000
$ 250, O00
$2,885,000
$ 115,000
$3,OOO, OOO
October 29, 2002
-11-
CITY COUNCIL'S BRIEFING
CONVENTION CENTER
ITEM # 50283 (Continued)
BUDGET/ESTIMATES - COST COMPARISON RY in mil' n
Convention Center
New Theater
Theater Renovations
Current Dome Site Dome Site
Project Elevated On-Grade
$193.5 $275.3 - $281.6 $258.9 - $267.8
$35.0 0 0
$3.0 - $4.5 $3.0 - $4.5
Current Expenditures
-Design/CM
-Land Acquisition
-TC Parking Garage
Subtotal
Land Acquisition for
Phases 3 & 4
$228.5
$5.6 $5.6
$4.1 $4.1
$5.0 $5.0
$293.0- $300.8 $276.6- $287.0
0 $28.0 $28.0
Total $228.5 $321.0- $328.8 $304.6- $315.0
Note: Each expansion requires 2 blocks for buildings and 1 block for parking
Site Design Characterlsttcs and Image
Both sites have good potentaal
Pavilaon Site'
V~s~ble from 1-264 ~nto resort area
Exposure to residents and visators drivang by
Design constrained by requarement to ancorporate ex~stang facility
Dome Sate:
V~sible 19th Street Iocatmn - entry point into resort area
Extended exposure to resort area vasators
Potential for high-impact marketing image,"acon"
Allow for completely new design, although site constrained
Change the look of that area of oceanfront by developing a fac~ltty where there
is currently surface parkang
Patrtcta Phdhps, Director of Ftnance, presented tnformatton relative economic and financtal analysts Mrs
Phdhps focused on the PrtceWaterhouse study, which encompasses the October 17, 2000, presentatton
Marketability to High-Impact Conventions
Both sites will enable Virginia Beach to be competitive
Marketability based on Center's proximity to hotels, restaurants, retail,
entertainment and local attractions
Site advantages :['or attracting high-impact conventions
Pavilion Site
Proximity to Attractions and Amenities +
Existing Proximate Hotel Supply +
Future Potential Development of +
Headquarters Hotel
Future Proximate Hotel Development
Dome Site
++
++
October 29, 2002
CITY
- 12-
COUNCIL'S BRIEFING
CONVENTION CENTER
ITEM # 50283 (Continued)
INCREMENTAL ECONOMIC AND FISCAL IMPACTS- VIRGINIA BEACH
Pavthon Stte Dome Stte Dtfference
Economtc Impacts
Sales $9 7, 000, 000 $141,100, 000 $ 44,100, 000
Income $34,400,000 $ 50,100, 000 $15, 700, 000
Employment 1,900 2, 800 900
Ftscal Impacts
Tax Revenues $ 2,100, 000 $ 3,100, 000 $ 1,000, 000
Note No butld ts $28 2-MILLION tn sales
NUMBER OF EVENTS
Convention and Trade Shows
Total
Incremental
Pavilion Site 40 20
Dome Site 50 30
Difference between Pavilion Site and 10
Dome Site
FINANCIAL LIMITATION
Financial Advisory say Not to Exceed "Mid $200-MILLION" range tn debt
Debt should be conservattve, based on study of fiscal tmpacts
Respect for debt load
Original Cost
Land 20.8 acres
Replacement Value
Accessed Value
PA VILION
Millions
$ 21.5
1.5
$ 22.0
$ 56.2
$19.9
AMOUNT PRODUCED B Y RA TE INCREASE
(2OO4)
Hotel Tax- 1%
Restaurant Meal Tax - 1%
Cigarette Tax 5¢ Per Pack
Millions
$2.O
6.6
1.1
October 29, 2002
- 13-
CITY COUNCIL'S BRIEFING
CONVENTION CENTER
ITEM # 50283 (Continued)
SUMMARY OF COSTS (in millions)
Current Project Dome Site *Elevated Dome Site* On-Grade
Conventton Center (new) $193 5 $ 281 6 $ 267 8
Theatre** 35 0
Parktng at Town Center 5 0 5 0
Refurbtsh Theatre 3 0 - 4 5 3 0 - 4 5
Refurbtsh Pavthon
Costs expended to date 9 7 9 7
19'h Street Corrtdor ? ? ?
Traffic Road
Improvements
TO TAL $ 228. 5 $ 299. 3-$ 300. 8 $285.5 - $28 7. 0
DIFFERENCES $ 70.8- $ 72.3 $ 57.0- $ 5&5
*Dome Site Costs do not include expanston land beyond Phase II - $28-MILLION
**Does not tnclude costs for Theatre Constructton at Town Center under Dome Site option
OPERA TIONAL COST COMPARISON
(Annual Net Operating Loss)
Extsttng Plan
Southstde/19th Street/
Oceanfront
New Town Center Theatre
New Conventton Center
Extsttng Theatre & Pavthon
Total Net Operaaon Loss ***
$ 408,000 $ 300,000'
$1,220,000 $1,200,000
NA $1,321,000'*
$1,628,000'** $2,841,000'**
Addtttonal Annual Cost
$1,213,000
*Assumes small capactty
**Assumes that current revenues remain constant for extsttng Pavdton after new conventton center opens
***Represents operattng revenues less operattng expenses
Mr Thompson summartzed the findtngs relattve Alternative A - Oceanfront At-Grade, Alternattve B -
Southstde (19th Street Stte)
4. Additional Costs:
COST GAP DELAY
Current $228.5 0 0
On-Grade $285.5 - $287.0 $57.0 - $58.5 2 yrs
Elevated $299.3 - $300.8 $70.8 - $72.3 2 yrs
Alt A - On-grade $271.0 - $272.5 $42.5 - $44.5 2 yrs
Alt B South 19th St. $234.5 $5.8 1 yr
A delay of 1 year will enable an additmnal $17 million to be financed under
the same revenue stream, and 2 years will enable $28 million
Does Not Quantify Opportunity Costs Lost Business/Conventions During
Delay, or Elimination of Existing Pavilion
Only current option addresses theatre at Town Center except parking
October 29, 2002
-
CITY COUNCIL'S BRIEFING
CONVENTION CENTER
ITEM # 50283 (Continued)
Mr Wood advtsed the.4ddtttonal Costs Chart does not tnclude the expanston land at the Dome stte, beyond
Phase II (addtttonal $28-MILLION)
COST/BENEFITS
The Dome stte wtll requtre a substanttally greater tnvestment, esttmated at $42 5
to $ 72 3-MILLION more
Southstde 19th Street will requtre $5 8-MILLION more
Both sites produce stgntficant economtc and fiscal tmpacts for the Ctty Htgher
economtc and fiscal tmpacts are more hkely to be achteved at the Dome stte $1-
MILLION per year addtttonal There wtll also be addtttonal operattonal costs tf
the extsttng site remains
Which mix of investments wtll provtde best overall use and return - best use of
resources ?
PA TH FOR WARD
Upcoming project Presentations and Direction
Theatre preview and fund raiser
November 5
17tall9t* Streets Corridor Study
November 12
Project status and cost estimates
November 19
Council direction, coordination and process November 19
Mr Thompson advtsed Counctlman Wood the condemnatton tssues are scheduled tentattvelyfor November
Twenty-second The Ctty Attorney advtsed, relattve condemnatton, the law tn Vtrgtnta estabhshes a formula
for compensatton through the emtnent domatn basts Operattng expense for the bustness ts not provtded
The tndtvtdual ts compensate for the bustness assumtng tt can be relocated at another location
Mr Lawson advtsed the majortty of the land tnvolved tn the tntttal acqutsttton tnvolves prtmartly restdenttal
rental property There are some scattered bustnesses throughout The future expanstons depends upon
whether north/south do entail a tremendous amount of commerctat businesses There are more busmesses
entailed tn the Dome site on-grade alternative
Counctlman Maddox advtsed tf the Ctty watts two years, approxtmately $28-MILLION ts accrued and tf you
subtract $28-MILLION from the costs, under the TVS scenarto, there ts a dtfference of $29-MILLIONversus
butldtng at the extsttng Pavthon stte Wtth Alternattve B, there would only be a $14-MILLION dtfference
The $56-MILLION asset ojr the Pavthon should not be destroyed An "apples to apples" revtew should
encompass the addttton of $56-MILLION to the Pavthon stte alternattve The Transportatton analysts needs
to be added tnto the equatton
Mayor Oberndorf tnqutred tf the Ctty would lose potenttal conferences:> Mr Rtcketts advtsed the
Prtce Waterhouse study tndtcated the tncremental benefit of $97-MILLION per year re booktngs, whtch ts
a peakyear Mr Rtcketts advtsed verbal commttments and btds have been recetved on approxtmately etght
(8) bustnesses (4 are major sportmg event, conventtons and professtonal trade shows) There has been
approxtmately $4-1/2-MILLION worth of bustness booked at the present the 2003 Gymantsttcs
Champtonshtps, 2004 (15years - Hall Baseball Champtonshtps), 2005 Boys 12 and under Basketball
Championships The City has a firm booktng on American Hehcopter Society for 2007 and 2010 Courtney
Dyer has made verbal commttments Btds are currently out on U S Judeo National Championship, U S Field
Hockey Nattonal Festtval, A U Gymnasttcs Team Champtonshtps and Karate Senior Nationals bids will be
placed on the USA Gymnasttcs 2008 Olymptc Trtals, the Pohce Athlettc Nattonal Boxtng Champtonshtps
and the Host facthtyfor the 2006 AA U Juntor Olymptcs there mtght also be an opportuntty to btd on the
AA U Nattonal Conventton
October 29, 2002
CITY COUNCIL'S BRIEFING
CONVENTION CENTER
ITEM # 50283 (Continued)
Mr Rtcketts advtsed Counctlman Reeve re the Doubletree Hotel tntttally owned by Prudential, ts not
tnterested tn tnvesttng to ahgn the hotel wtth the Conventton Center Now that Htlton ts tnvolved, tn recent
dtscusstons, the quahty standards have changed The Doubletree, by next year, wtll upgrade the two totp
floors tnto Executtve Level floors Prudenttal wtll conttnue to make a $500,000 annual capttal mvestment
to upgrade the facthty The hotel ts betng encouraged to make the level of tnvestment to better ahgn the
hotel tn terms of quahty to the Convention Center This should bring the hotel to three star standards Last
year, thts hotel had tts most profitable year, stnce tts opentng As a result, the sales prtce has tncreased $4-
MILLION
Mr Reeve advtsed he had spoken wtth Mr Goodman and expressed tnterest tn vtstttng compettng
Conventton Centers He wtll advtse Ctty Counctl members, who wish to attend Mr Rtcketts advtsed the staff
ts tn the process of tdenttf-ytng the facthttes for vtsttatton Thts should be accomphshed very shortly
Relative turmng the elevated design of the Dome east and west and expandtng, Mr Herzke advised a detaded
archttectural assessment has not been accomphshed
Robert Goodman, Chatr- Stte Selectton Commtttee, retterated the conclustons of the Commtttee Traffic was
a major constderatton A final vote wtll be taken by the Commtttee on November 18, 2002 Thts Meettng wtll
be under the Freedom of lnformatton Act, so members of Ctty Counctl may attend There wtll be a complete
dtscusston
Mr Herzke advtsed the $193.5-MILLION facility would be butlt on-ttme and on-budget Thts has been
emphastzed wtth SOM and Turner Constructton Informatton shall be provtded relattve the locatton and
costs of a 'flagshtp hotel"
Counctlman Jones requested tnformatton relattve financtng the additional debt service, tf the Ctty Counctl
chose one of the options on the Dome site. Mrs Phtlhps wtIl formulate a range of opttons One of the
prtnctpals developed was to place the burden for paytng on the segment of the Ctty whtch would be of the
most benefit Thts concept will be conttnued
October 29, 2002
-16-
CITY COUNCIL'S BRIEFING
R UDEE INLET INNER H~4RBOR DREDGING
3:55 P.M.
ITEM # 50284
Phtlhp Roehrs, Sentor Engtneer- Beach Management, Pubhc Works, referenced the Rudee Inlet Inner
Harbor Dredged MateriaI Disposal Thts report outhnes alternattves andprovtdes recommendattons for the
dtsposal of dredged matertal from the tnner harbor at Rudee Inlet
Corps of Engineers
As a Partner
Authortzed tn 1986
Intttated tn 1991
Dtvtston of Responstbtltttes
Real Estate as a Local Responstbthty
1983 Environmental Assessment
Current Work Plan
Alternatives outlined in 1983 EA
Disposal of dredged material in the
surf zone, with sorting of fine sediment
by wave and littoral current action
Disposal of fine sediment at a borrow
pit area located on Birdneck Road
located 9,000 feet from Rudee Inlet
Disposal of fine material in Lake
Wesley and Lake Rudee
October 29, 2002
CITY
-17-
COUNCIL'S BRIEFING
R UDEE INLET INNER HARBOR DREDGING
ITEM # 50284 (Continued)
PERMIT EVOLUTION
Initial Basin Mining and Beach Replenishment performed under Corps' arly
permit format, 1949-19 72, records unavailable
Corps issues 1966 Inlet Infrastructure and Maintenance Dredging Permit -
perpetual permit, authorized to dredge inlet and place sand on beach
1983 Environmental Assessment sculpts project format and conditions1986
Federal Project "Authorized"
VMRC issues permit to Corps for authorized project, governing placement of
sand on the beach, 1990
DEQ issues permit in 1992 to Corps for authorized project, required that all fine
grained material not be placed on the beach and authorized Lake Wesley and
Lake Rudee as placement sites
Corps issues permit to City, authorizing City to perform any work within their
project authorization limits, 1992
In 199 7, DEQ renews permit and specifies Lake Wesley as the only placement site
- Permit expires 2007
Corps' currently requesting modification from DEQ for Lake Rudee disposal-
estimate February 2003 completion
Current Work Plan of Inlet Maintenance
Use City dredge, Rudee II, for the outer porttons of the federal channel (entrance
channel and sand trap)
Corps 'Annual Sprtng dredgtng contract for outer porttons of federal channel
Corps' hopper dredge, Currttuck, used four ttmes a year for outermost porttons of
channel
Ct02 dredges tnner harbor wtth Rudee Inlet II
Policy Report Alternatives
Continue Current Program
Modify Program for Disposal in Lake Rudee
Modify Program for Use of Both Lake Rudee and Lake Wesley
Mechanical Dredging with Remote Disposal
$0
$o
$o
$200, O00/cycle
Public Information
Public Information meeting 1982
Public Hearing 1989
Public Information meeting 1991
Permit Modification Public Notice 2002 (pending)
October 29, 2002
- 18-
CITY COUNCIL'S BRIEFING
R UDEE INLET INNER HARBOR DREDGING
ITEM # 50284 (Continued)
Recommendation
Designate Lake Rudee as the primary disposal area for a significant
period
e
Current Permit Action - Use Lake Wesley one more time to remove
current shoaling
Relative this plan, Mr Roehrs advised every waterfront property owner will receive a letter from the
Departmental of Envtronmental Quahty on behalf of the U S Army Corps of Engtneers announcmg thts
plan
Counctlman Schmtdt advtsed of hts speaktng wtth representatives of the Department of Envtronmental
Quahty and the U S Army Corps of Engtneers The departments are comfortable watttng on lake Rudee unttl
the approvals are recetved on the Amendment, so that the ctty does not have to go back tnto Lake Wesley at
all Councdman Schmtdt will work constructtvely wtth staff to be assured the permtt ts tn place and not a
problem Councilman Schmtdt would be pleased to be of assistance at any time
Mr Rohrs advtsed the Ctty has been tn a "holdtng pattern "for awhtle Mr Rohrs esttmated the permtt
would entatl approxtmately 45 days However, thts ts an uncertatn process If there ts opposttton, a Pubhc
Hearing might have to be scheduled, whtch would cause another thtrty (30) day delay
E Dean Block, Dtrector of Pubhc Works, advtsed these are the Department ofEnvtronmental Quahty
(DEQ) dectstons It ts not a process the Ctty ts managtng
Councdman Maddox chd not wtsh any more spods to go tnto Lake Wesley Counctlman Maddox requested
the staff keep Ctty Counctl tnformed relattve the process
Mr Block advtsed at some potnt the dredging would be at least necessary tn the Sprtng
Mr Roehrs advtsed the dredgtng operatton would entatl approxtmately a 'half day
October 29, 2002
,o
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- 19-
AGENDA RE VIE W SESSION
4:25 P.M.
ITEM # 50285
12
Resolution EXPRESSING City Councd's postuon on the use of
unspent local approprtattons re School Board employee salary
tncreases to be effecttve November 15, 2002, rather than as scheduled
tn the operattng budget for January 1, 2003
Councd Lady Wtlson dtstrtbuted a revised Resolutton encompasstng suggesaons of Council Lady Eure
Line 12, removed the word "herculean"
Line 19, removed the words "that will revert to the City"
Line 38, removed the word "would" and put an "s" on the word "request':
Mayor Oberndorf expressed concern relattve removtng the verbtage "that wdl revert to the Ctty" The Ctty
Attorney advtsed removal of the verbtage dtd not have any effect on the State law The $18 2-Mdhon wdl
revert and tt ts the Ctty's agreement wtth the School Board on how tt ts reapproprtated
The Ctty Manager advtsed on duly 9, 2002, City Councd ADOPTED an Ordtnance to Approprtate $400,000
in FY2001-2 School Reversion Funds to the FY2002-03 School Operating Fund Operating Budget These
funds were for salary tncreases Thts ts a resolutton re expedtttng the school personnel's salary tncreases
from danuary 2003 to November 15, 2002
Catheryn l~httesell, Dtrector- Management Servtces, referenced chscusstons wtth Vtctorta Lewts- School
Chtef Ftnanctal Officer, re the $18.2-MILLION unexpended local approprtattons Schools had been
anttctpattng a stgmficant tmpact from State revenues and thus had been very strtngent concermng
dtscrettonary spendtng However, the Federal Government gave them fundtng that had been owed to the
School system for several years The legislation was changed and they received approximately $3- to $4-
MILLION in additional federal funds, not anticipated. Thts occurred tn the May to dune ame frame There
was also a small tncrease tn the number of students enrolled Thus, they recetved addtttonal state bastc atd
money These two combtnattons of funds totaled approxtmately $7-MILLION in additional revenue
The Mayor advised tt cannot be assumed, this same "windfall" would occur next year
13
ITEM # 50286
Ordinance to AMEND 3q l 8- 72 of the City Code re business license taxes on
coin-operated machines.
Councd Lady Eure expressed concern re the operators of amusement machines wtth at least3, but less
than 10 machmes, paying an annual hcense tax of $150 000 Amusement operators with ten or more
machmes shall pay an annual tax of $200 Councd Lady Eure dtd not understand why there could not be one
rate
Asststant City Attorney Larry Spencer advtsed the State Code spectfies there must be a different rate
ITEM # 50287
14
Ordinance to AUTHORIZE an encroachment tnto porttons of the
City's rtght-of-way by DALE AND MAR YERICKSON for the extstmg
fenctng at the rear of 4949 Athens Boulevard
(Lake Bradford Park) (DISTRICT 4 - BA YSIDE)
dtm Lawson, Real Estate, advtsed there wall be opposttton from the adjacent restdents
October 29, 2002
- 20-
AGENDA RE VIE W SESSION
ITEM # 50288
BY CONSENSUS, the followtng shall compose the CONSENTAGENDA:
RES OL UTIONS/ORDINANCES
1 1 Resolutton to EXTEND the charge of the Shore Drive Advisory
Committee (SDAC) unttl June 30, 2005
12
Resolutton EXPRESSING Ctty Counctl's posttton on the use of
unspent local approprtattons re School Board employee salary
increases to be effecttve November 15, 2002, rather than as scheduled
tn the operattng budget for January 1, 2003
13 Ordtnance to AMEND 3~18-72 of the Ctty Code re business license
taxes on corn-operated machtnes
15
Ordtnance to ACCEPT and APPROPRIATE $267,113 from the
Federal Emergency Management Agency's (FEMA) FY 2002
Asststance to Ftrefighters Grant to the Ftre Department 'S FY2002-03
Operattng Budget
16
Ordinance to ESTABLISH the LONDON BRIDGE and S. GREAT
NECK ROADS rtghts-of-way at Central Drive and Potters Road
mtersecttons as underground utthty areas to obtatn VDOT fundtng
October 29, 2002
-21 -
AGENDA RE VIEW SESSION
ITEM # 50289
J1
Apphcatton of RICHARD H. POWELL for the enlargement of a
nonconformtng use, re a garage apartment on the north stde of 53ra Street
west of Atlanttc Avenue (209 53ra StreeO, contatmng 7, 650 square feet
(DISTRICT 5 - L YNNHA VEN)
Councdman Wood distrtbuted a Revised Resolutton, whtch encompasses the concerns of the Ctvtc League
ITEM # 50290
J2
Apphcatton of CATHOLIC DIOCESE OF RICHMOND, Btshop
Walter F Sulhvan, for a Condtttonal Use Permtt re a school on
Clearfield Avenue and Martan Lane contamtng 2 41 acres
(DISTRICT 2 - KEMPSVILLE)
Mr White advised as this was an expansion of the school, the number of pupds would tncrease
ITEM # 50291
J3
Apphcatton of POTOMAC CONFERENCE CORPORATION,
Seventh Day Adventtst, for a Condtttonal Use Permtt re a church at
Holland Road and Shtpps Corner Road, contatnmg 3 41 acres
(DISTRICT 2 - ,.., .,~o,,. ~ ..,
,~,~, , o ~ ~ ,~/ PRINCESS ANNE
Vice Mayor Man&go advtsed this apphcatton ts tn the PRINCESS ANNE DISTRICT, not
KEMPSVILLE Stephen Whtte, Planmng, advtsed the Church ts aware of betng tn the norse zone Staff
beheved tt was tn a htgher norse zone and thought tt had an easement prohtbtttng a church from betng
developed The Navy was contacted and found thts was not the case The Church was tn a zone compattble
wtth tts use
ITEM # 50292
J 5 Apphcatton of STONEWOOD CAPITAL, LLC, at 1676 Kempsvdle
Road for a Vartance re certam elements of the Subdtvtston Ordtnance,
Sectton 4 4(b), that requires all newly created lots meet the
requirements of the Ctty Zontng Ordtnance (CZO) and reduce requtred
street wtdth.
(DISTRICT 1 - CENTER VILLE)
Councd Lady Eure requested Condttton No 2 be REVISED
The property shall be developed wtth no more than 11 lots, one of
whtch may have less than the reqmred mtmmum lot width of 75 feet for
standard lots and 85feet for corner lots
~,,y~'- ~- - ,-~,lo; ........... ,,~y o~e~- l,,~'- - lot coiitaiiii~ig,,be~'- - ,,oU~' ..... The htstortc house on
proposed Lot 4 shall not be razed
The apphcant shall prepare and submtt a tree preservatton plan for the
property to the Planntng Department for approval prtor to final
subdtvtston approval Where posstble, as determined by the Ptanmng
Dtrector, prtor to the final subdtvtston plat recordatton, any extsttng
trees wtth a four-inch cahper or greater outstde of the buddtng
envelope of the 11 lots shall be preserved Tree protectton shall be
reqmred on the tndtvtdual construction plans for each lot
Asststant Ctty Attorney Kay Wdson advtsed the Attorney, Edward Bourdon, ts amendable to the revtston of
Condttton No 2
October 29, 2002
- 22 -
AGENDA RE VIE W SESSION
ITEM # 50292
J 6 Ordtnances re CITY OF VIRGINIA BEACH to AMEND the Ctty
Zonmg Ordmance(CZO):
a. Parking requirements tn the B-3A Pembroke Central Bustness Core
Dtstrtct
b Setback requirements tn the B-3A Pembroke Central Bustness Core
Dtstmct
Councdman Jones DISCLOSED and ABSTAINED on Item J 6 a/b (CZO re off street parktng
requtrements and mtntmum set back requtrements tn the B-3A Pembroke Central Bustness Core Dtstrtc0
as he has an ownershtp tnterest tn Resource Bank, which exceeds three percent of tts total equity Resource
Bank has entered into a participation agreement with Monarch Bank for a hne of credit to Armada Hoffler
Properttes It ts hkely that Armada Hoffler Properttes wall manage the Town Center for the project's
developer, Town Center Assoctates Also, Resource Bank ts tn negottattons to lease a new buddtng at the
Town Center
ITEM # 50293
J1
Apphcatton of RICHARD H. POWELL for the enlargement ora
nonconforming use, re a garage apartment on the north stde of 53ra Street
west of Atlanttc Avenue (209 53rd Street), containing 7, 650 square feet
(DISTRICT 5 - L YNNHA VEN)
J2
Apphcatton of CATHOLIC DIOCESE OF RICHMOND, Btshop
Walter F Sulhvan, for a Conchttonal Use Permtt re a school on
Clearfield Avenue and Martan Lane contammg 2 41 acres
(DISTRICT 2 - KEMPSVILLE)
J3
Apphcatton of POTOMAC CONFERENCE CORPORATION,
Seventh Day Adventtst, for a Condtttonal Use Permtt re a church at
Holland Road and Shtpps Corner Road, contammg 3 41 acres
(DISTRICT 2 -
~,~,v~, o, ~.~/ PRINCESS ANNE
J4
Apphcatton of THE TAYLOR GROUP OF VIRGINIA, INC. re
Change of Zomng Dtstrtct Classtficatton from I-1 Light Industrial
District and 1-2 Heavy Industrial District to Conditional 1-2 Heavy
Industrial District at London Brtdge Road and Taylor Farm Road,
contatntng 218 acres
(DISTRICT 6 - BEA CH)
,15
Apphcatton of STONEWOOD CAPITAL, LLC, at 1676 Kempsvdle
Road for a Vartance re certam elements of the Subdtvtston Ordmance,
Section 4 4(b), that requires all newly created lots meet the
requtrements of the Ctty Zomng Ordtnance (CZO) and reduce requtred
street wtdth.
(DISTRICT 1 - CENTER VILLE)
J 6 Orchnances re CITY OF VIRGINIA BEACH to AMEND the Ctty
Zomng Ordmance(CZO):
a. Parking requirements tn the B-3A Pembroke Central Bustness Core
Dtstrtct
b Setback requirements tn the B-3A Pembroke Central Bustness Core
Dtstrtct
Item J 1 wdl be APPROVED, BY CONSENT, with REVISED ORDINANCE
Item J 5, wall be APPROVED, BY CONSENT, with Revised Condition 2.
Councdman Jones DISCLOSED and wtll ABSTAIN on Item J 6 a/b
October 29, 2002
- 23 -
CITY COUNCIL COMMENTS
4:58 P.M.
ITEM # 50294
Counctl Lady Eure advised she attended and served as the Ctty's vottng delegate for the Virginia Municipal
League (VML) Annual Conference tn Norfolk
Counctl Lady Eure ACCEPTED the 2002 VML Communications Achievement Award for Beach
Magazine Counctl Lady Eure chstrtbuted the VML 'S Prehmtnary 2003 Legtslattve Program and Pohcy
Statements Two sheets enclosed encompass two mtnor changes
Mayor Oberndorf and Counctl Lady Eure extended apprectatton to Robert Matthtas, Asststant to the City
Manager, for hts excellent endeavors
Mayor Oberndorf noted she ts Past Prestdent of VML and a member of thts Legtslattve Commtttee
ITEM # 50295
Counctl Lady Wtlson advtsed relattve Non-Funding Issues tn the Commumty Legtslattve Agenda She spoke
wtth Buddy Partsh on the Electoral Board, who expressed concern re ttem #17
Mr Matthtas referenced the two non-fundtng tssues, whtch vartous ctvtc groups had requested Mr Matthtas
had prevtously advtsed durtng Ctty Counctl dtscusstons on October 8, 2002, tt was htghly unhkely there wtll
be a patron for these ttems
16. Increase in Voter Participation
The General Assembly ts requested to amend the State Code of
Vtrgtnta to estabhsh ptlot onhne vottng programs tn Hampton Roads
and Northern Vtrgtma
17. Same Day Voter Registration
The General Assembly ts requested to allow the Regtstrar's Office of
local governments to perform same day voter regtstratton servtces
bern# currently provtded tn many other states
Mr Matthtas shall provtde tnformatton relattve posstble fraud or abuse, whtch has occurred
ITEM # 50296
Counctlman Maddox referenced the analysts from Mercer Consultants re "The Impact of Providing Free
Health Coverage to employees of Virginia Beach City and Schools" Counctlman Maddox advtsed the Ctty
Counctl ts requesttng only the employee only tter be "free ", not every stngle employee recetve a credtt of
$16 25 Counctlman Maddox advtsed Chesapeake and Suffolk both pay 100% of the employees' benefits
The Ctty Manager advised Mercer ts saytng tf you make tt free for the employee, those employees who do
not have the tnsurance would take the tnsurance Thts cost consequence has been born out tn other ctttes
Susan Walston, Chtef of Staff, advtsed relattve Chesapeake's percentage of enrollment, there are fifieen (15)
out of three thousand (3, 000) ehgtble employees who chose not to take the coverage Thts equates to ~ of
1% Ms Walston advtsed the percentages of Suffolk are bemg vertfied
The Ctty Manager advtsed the analysts tndtcates the movtng to thts level of substdy could cause the
parttctpatton rate to tncrease from the current 81% to 99% of the ehgtble employees wtth an annuahzed
tncrease tn operattng expense of $11.6-MILLION for Ctty and Schools The cost consequences are such the
Ctty Manager dtd not beheve thts could be recommended duly Ftrst, coupled wtth the $900,000 tn
compensatton already being recommended
Councdman Jones suggested the issue relative whether the employees have secondary health coverage
shouM be pursued Mrs Walston said this issue would be pursued There ts not a data bank relative
seconary coverage Mrs Walston advtsed Open Enrolment ts from November 1 to November 22, 2002
October 29, 2002
- 24 -
ITEM # 5029 7
Mayor Oberndorf called to order the second INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, October29, 2002, at 5 28
PM
Councd Members Present
Margaret L Eure, Louts R Jones, Richard A Maddox, Vtce Mayor
Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson, and James L
Wood
Counctl Members Absent
Reba S McClanan
October 29, 2002
- 25 -
ITEM # 50298
Mayor Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts second CLOSED SESSION,
pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose
PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of
prospecttve candtdates for employment, asstgnment, appotntment,
promotion, performance, demotton, salartes, dtsctphntng, or restgnatton
of spectfic pubhc officers, appomtees, or employees pursuant to Sectton
2 2-3711 (A) (I)
To Wit Appotntments
Boards and Commissions
Parks and Recreatton Commtsston
Planntng Commtsston
Resort Area Advtsory Commtsston
PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the
acqutsttton of real property for a pubhc purpose, or of the dtsposttton of
pubhcly-held real property, where dtscusston tn an open meettng would
adversely affect the bargatntng posttton or negottattng strategy of the
pubhc body pursuant to Sectton 2 2-3711(A)(3)
Town Center Phase II
Acqutsttton/Dtsposttton of Property -Prtncess Anne Dtstrtct
Vtrgtnta Beach Dtstrtct
Upon motton by Counctlman Jones, seconded by Counctlman Reeve, Ctty Counctl voted to proceed tnto
CLOSED SESSION.
Voting I0-0
Council Members Vottng Aye
Margaret L Eure, Louts R Jones, RtchardA Maddox, Vtce Mayor Robert
C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W
Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Reba S McClanan
(5:28 P.M. - 6:04 P.M.)
October 29, 2002
- 26-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
October 29, 2002
6:04 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, October 29, 2002, at 6 04 P M
Counctl Members Present
Margaret L Eure, Louts R Jones, Rtchard A Maddox, Vtce Mayor
Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Absent
Reba S McClanan
[Out of the Ctty]
INVOCATION
Reverend Stdney Davts
Saint James Mtsstonary Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
October 29, 2002
Item V-E.
-27-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 50299
Upon motton by Counctlman Reeve, seconded by Counctl Lady Eure, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc busmess matters lawfully exempted from Open Meetmg
reqmrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch
thts certtficatton resolutton apphes,
AND,
Only such pubhc business matters as were identified tn the motion
convemng the Closed Sesston were heard, dtscussed or constdered by
Vtrgtnta Beach Ctty Counctl
Vottng 10-0
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Rtchard A Maddox, Vtce Mayor
Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James
L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Reba S McClanan
October 29, 2002
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Vlrg~ma Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded m ITEM # 50298, page 25, and m accordance with the
proms~ons of The Virginia Freedom of Information Act; and,
WHEREAS Section 2 2-3 711 (A) of the Code ofV~rg~ma reqmres a certification by the govermng
body that such Closed Session was conducted ~n conformity w~th V~rg~ma law
NOW, THEREFORE, BE IT RESOLVED That the V~rg~ma Beach C~ty Councd hereby certffies
that, to the best of each member's knowledge, (a) only pubhc bus~ness matters lawfully exempted from Open
Meeting reqmrements by V~rg~ma law were d~scussed ~n Closed Session to which th~s certfficat~on resolution
apphes; and, (b) only such pubhc bus~ness matters as were ~dentffied ~n the motion convemng th~s Closed
Session were heard, d~scussed or constdered by V~rg~ma Beach C~ty Councd
R~uth Hodges°'Sm~th, MMC
C~ty Clerk
October 29, 2002
Item V-F. 1.
- 28 -
MINUTES
ITEM # $0500
Upon motion by Counctlman Jones, seconded by Vtce Mayor Man&go, Ctty Counctl APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of October 8, 2002.
Voting 10-0
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Richard A Maddox, Vtce Mayor
Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jim Reeve, Peter
W Schmtdt, Ron,4 Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Reba S McClanan
October 29, 2002
Item V-G.
- 29-
PUBLIC HEARING
ITEM # 50301
Mayor Oberndorf DECLARED ,4 PUBLIC HE,4RING
CITY CHAR TER AMENDMENTS
§§ 2.01, 2.02, 3.03, 3.04, 3.09, 16.02, 16.04 and 16.06
There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
October 29, 2002
Item V-G
- 30-
ADOPT.4 GENDA
FOR FORMAL SESSION
ITEM # 50302
BY CONSENSUS, City Councd ADOPTED:
AGENDA FOR THE FORMAL SESSION
October 29, 2002
Item V-H. 1.
-31 -
MA YOR 'S ANNOUNCEMENT
ITEM # 50303
Mayor Oberndorf recogntzed Councilman Louts Jones, who was recently elected Chatrman of the Hampton
Roads Planning District Commission (HRPDC). He also serves as Chart of the Metropolitan Planning
Organization (MPO), whtch wtll oversee the fundtng tf the November 5th Referendum are approved
October 29, 2002
- 32 -
Item V-H.2.
MA YOR 'S PRESENTATION
ITEM # 50304
Mayor Oberndorf recogmzed Council Lady Margaret Eure, who attended the Vtrgtnta Mumctpal League
Conference (VML) and accepted the 2002 VML Communications Achievement Award for Beach
Magazine
Counctl Lady Eure PRESENTED thts award to
James K. Spore
City Manager
David Sullivan
Chief Information Officer
Diane Roche
Assistant to the City Manager
Media and Communications
Mayor Oberndorf advtsed tn addttton to wtnntng te VML A WARD, other awards tnclude
2001 SA VVY Award
City/Communications Association
(3CMA) in the category of Best
Newsletter
Award of Excellence From the 3CMA for the publications category
2002 Virginia Public Relations Association Medallion Award
(highest award possible)
October 29, 2002
Item V-L
- 33-
ORDINANCES/RES OL UTIONS
ITEM # 50305
Upon motton by Vtce Mayor Man&go, seconded by Council Lady Wtlson, Ctty Counctl APPROVED IN
ONE MOTION Resoluttons/Or&nances 1, 2 (AS REVISED), 3, 5 and 6 of the CONSENT AGENDA
Votmg 10-0 (By Consent)
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Rtchard A Maddox, Vtce Mayor
Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter
W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood
Counctl Members Voting Nay
None
Counctl Members Absent
Reba S McClanan
October 29, 2002
Item VJ. 1.
- 34-
RES OL UTIONS/ORDINANCES
ITEM # 50306
Upon motton by Vtce Mayor Man&go, seconded by Counctl Lady Wtlson, Ctty Counctl ADOPTED:
Resolutton to EXTEND the charge of the Shore Drive Advisory
Committee (SDAC) unttl June 30, 2005
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Rtchard A Maddox, Vtce Mayor
Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter
W Schmtdt, Ron A Vdlanueva, Rosemary Wilson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Reba S McClanan
October 29, 2002
A RESOLUTION EXTENDING
THE SHORE DRIVE ADVISORY
COMMITTEE
WHEREAS, by Resolution dated February 10, 1998, City
5 Council established the Shore Drive Advisory Committee with
6 specific duties and responsibilities; and
WHEREAS, the Shore Drive Advisory Committee continues
8 to perform its duties and responsibilities and performs a vital
9 function assisting the Council in determining the appropriate
10 course of action to take wmth respect to the Shore Drive
11 Corridor.
12
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
13 CITY OF VIRGINIA BEACH, VIRGINIA'
14
15
That City Council hereby extends the Shore Drive Advisory
Committee (the "SDAC") until June 30, 2005.
16
17
Adopted by the Council of the Cmty of Vzrg~nia Beach,
Virginia on the 29th day of October , 2002.
CA-8634
ordin/noncode/ShoreDrlve. Res.wpd
September 26, 2002
RI
APPROVED AS TO CONTENT-
APPROVED AS TO LEGAL
SUFFICIENCY-
City At%orney;s[ Offl~e
Item V-L2.
- 35-
RES OL UTIONS/ORDINANCES
ITEM # 50307
Upon motton by Vtce Mayor Man&go, seconded by Counctl Lady Wtlson, Ctty CounctI ADOPTED, AS
REVISED:
Resolutton EXPRESSING Ctty Counctl's posttton on the use of
unspent local approprtattons re School Board employee salary
tncreases to be effecttve November 15, 2002, rather than as scheduled
tn the operattng budget for January 1, 2003
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Rtchard A Maddox, Vtce Mayor
Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter
W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Reba S McClanan
Counctlman Schmtdt DISCLOSED Pursuant to Sectton 2 2-3115(G), Code of Vtrgtnta, hts w{fe ts a School
Board employee He ts a member of a group (School Board employees and thetr tmmedtate faintly members)
the members of whtch are affected by thts transactton However, the Ctty Attorney has advtsed he ts able to
parttctpate tn the transactton fatrly, objecttvely and tn the pubhc tnterest Counctlman Schmtdt's letter of
October 29, 2002, ts hereby made a part of the record
October 29, 2002
¢ity of Virginia Beach
PETER W SCHMIDT
COUNCILMAN - AT LARGE
PHONE (757) 494-5235
FAX (757) 545-3793
October 29, 2002
Mrs Ruth Hodges Smith, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs Smith.
Re Disclosure Pursuant to Section 2 2-3115(G), Code of V]rg]ma
Pursuant to the Virginia Conflict of Interests Act, Section 2 2-3115(G), Code ofVlrglma, I
make the following declaration:
I am executing this written disclosure regarding City Council's discussion of, and
vote on, a resolution expressing the City Council's position on the use of unspent
local appropriations for School Board employee salary increases
2 The nature of my personal interest is that my wife is a School Board employee
I am a member of a group (School Board employees and thmr immediate family
members) the members of which are affected by the transaction
4 I am able to participate in the transaction fmrly, obj ectlvely, and in the public interest
Accordingly, I respectfully request that you record this declaration in the official records of
City Council I have enclosed an opinion letter from Leslie L Ldley, City Attorney, which addresses
this same matter.
1029 BOBOLINK DRIVE, VIRGINIA BEACH, VA 23451
Mrs. Ruth Hodges Smith -2- October 29, 2002
Re: D~sclosure Pursuant to Section 2 2-3115(G), Code of V~rglma
Thank you for your assistance and cooperation ~n th~s matter
S~ncerely, ^
P er W Schm~dt
Councdmember
PWS/RRI
Enclosure
r
LESLIE L LILLEY
GI~ A~O~NEY
City of Virginia
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
ViRGiNiA BEACH, VA 23456-9004
(757) 427-4531
FAX (757) 426-5687
TDD (757) 427-4305
In Reply Please Refer to OP-796
October 28, 2002
Councilmember Peter W. Schmidt
Virginia Beach City Council
Municipal Center
Virginia Beach, VA 23456
Re: Request for Conflict of Interests Act Opimon
Dear Councflmember Schmidt:
I am writing in response to your request for an opinion as to whether you are precluded from
partimpating in City Council's d~scussion of, and vote on, a resolution expressing the City Council's
position on the use of unspent local appropriations for School Board employee salary increases
SUMMARY CONCLUSION
Based on my review of the State and Local Government Conflict of Interests Act and the
facts provided by you, I am of the opinion that you do not have a personal interest ~n the resolution
expressing the City Council's position on the use of unspent local appropnatlons for School Board
employee salary increases. Thus, you may participate without restnction in City Council's
discussion of, and vote on, the resolution. Nevertheless, I have previously advised members of
Council to follow the broad intent of the Act in all cases in which they may realize a reasonably
foreseeable direct or indirect benefit or detnment. I have concluded that it is reasonably foreseeable
that your wife may realize a financial benefit or detriment, depending upon the decision made by
Council w~th respect to thls resolution. Based on the fact that you are a member of a group-School
Board employees and thmr lnunedlate family members-that would be affected by the transaction,
Proud Reczpient of the 1998 U S. Senate Medallion of Excellence for Productivzty and Quality in the Public Sector
1
Councflmember Peter W. Schm~dt -2- October 28, 2002
the Act provides that you may participate in the discussion and vote on the resolution upon
disclosure and a determination by you that you can participate fairly, objectively, and in the public
interest.
I base the aforesaid conclusion on the following facts which you have presented. Please
review and verify the accuracy of the facts set forth herein as you may only rely upon this opinion
to the extent that those facts are complete and accurate.
FACTS PRESENTED
Your wife is employed by the School Board of the City of Virginia Beach (the "School
Board") and earns an annual salary in excess of $10,000. The School Board likely will have $18.2
milhon in unexpended appropriations ("reversmn funds") from its F~nancial Year 2002 Operating
Budget. Members of the School Board have publicly expressed a desire to use the reversion funds
for capital improvement projects. City Council's longstanding policy regarding the use of reversion
funds is that such funds should be used exclusively for one-time, nonrecurring expenditures.
The School Board previously voted to g~ve School Board employees a raise that is currently
scheduled to take effect on January 1, 2003. Some School Board employees and members of
Council have suggested that the reversion funds be used to advance the effective date of those raises
to November 15, 2002. City Council is scheduled to vote on a non-b~nding resolution expressing
its position on the use of the reversion funds for that purpose.
ISSUE PRESENTED
May you pamcipate in City Council's d~scussion of, and vote on, a resolution expressing the
City Council's position on the use of unspent local appropnations for School Board employee salary
increases?
DISCUSSION/CONCLUSION
The State and Local Government Conflict of Interests Act is set forth in § 2.2-3100 et seq.
of the Code of Virginia (1950), as amended. The primary focus of the Act is on the "personal
interests" of an officer or employee of state or local government in the transactions of, and contracts
with, the governmental or advisory agency of whmh he or she is a member.
In pertinent part, the Act defines "personal ~nterest" as a financial benefit or liability accruing
to an officer or a member of his immediate family by reason of the receipt of salary, "paid or
Councflmember Peter W. Schm~dt -3- October 28, 2002
provided by a business," that exceeds $10,000 annually.~ Based on the defimtions, your w~fe ~s a
member of your immediate family? The sole remaining question ~s whether her salary is "paid or
provided by a business." Based on the Act's definitions, the School Board ~s not a bus~ness.3 Thus,
salary received fi.om the School Board cannot create a "personal ~nterest." Because you do not have
a "personal interest" in the School Board, you would not have a "personal interest in a transaction"
concermng raises for School Board employees.4 Therefore, you may participate w~thout restriction
in City Council's discussion of, and vote on, the resolution expressing the C~ty Council's position
on the use of unspent local appropriations for School Board employee salary ~ncreases
Nevertheless, I have previously advised members of Council to follow the broad intent of the
Act in all cases in which they may realize a reasonably foreseeable direct or indirect benefit or
detriment. I conclude that it is reasonably foreseeable that your wife may reahze a financial benefit
I "'Personal ~nterest' means a finanmal benefit or hablhty accruing to an officer or employee or a
member of h~s ~mme&ate family. Such ~nterest shall ex~st by reason of (1) ownership ~n a bus~ness ~f the
ownership ~nterest exceeds three percent of the total equity of the business; (n) annual ~ncome that exceeds,
or may reasonably be ant~mpated to exceed, $10,000 from ownership ~n real or personal property or a
bus~ness; (m) salary, other compensation, fringe benefits, or benefits from the use of property or any
combination thereof, prod or prowded by a bus~ness that exceeds, or may reasonably be anticipated to exceed,
$10,000 annually; 0v) ownership of real or personal property if the ~nterest exceeds $10,000 in value and
excluding ownership ~n a business, ~ncome, or salary, other compensation, fnnge benefits or benefits from
the use of property; or (v) personal habfl~ty ~ncurred or assumed on behalf of a bus~ness ~f the habfi~ty
exceeds three percent of the asset value of the business." Va. Code § 2 2-3101.
2 "'Immediate family' means (0 a spouse and (11) any other person residing ~n the same household
as the officer or employee, who is a dependent of the officer or employee or of whom the officer or employee
~s a dependent." Va Code § 2.2-3101.
3 "'Bus~ness' means a corporation, parmersh~p, sole proprietorship, finn, enterprise, franchise,
assomataon, trust or foundation, or any other ~n&wdual or entity carrying on a business or profession,
whether or not for profit." Va Code § 2.2-3101.
"'Governmental agency' means each component part of the legislative, executive orjudm~al branches
of state and local government, ~nclud~ng each office, department, authority, post, commission, committee,
and each ~nst~tut~on or board created by law to exermse some regulatory or sovereign power or duty as
d~st~ngmshed from purely advisory powers or duties Corporations orgamzed or controlled by the V~rg~ma
Retirement System are 'governmental agencies' for the purposes of th~s chapter "Id
4 "'Personal interest in a transaction" means a personal ~nterest of an officer or employee in any
matter considered by h~s agency. Such personal ~nterest exists when an officer or employee or a member of
h~s ~mme&ate family has a personal interest xn property or a bus~ness, or represents any lnd~wdual or
bus~ness and such property, business, or represented ~n&v~dual or bus~ness 0) ~s the subject of the transaction
or (fi) may reahze a reasonably foreseeable d~rect or ~nd~rect benefit or detriment as a result of the action of
the agency cons~denng the tmnsactlon." Va. Code § 2 2-3101
Councllmember Peter W. Schm~dt
-4- October 28, 2002
or detriment, depending upon the decision made by Council with respect to this resolution.
Therefore, I advise you to follow the dictates of the Act. Based on the fact that you are a member
of a group-School Board employees and their immediate family members-that would be affected
by the transaction, the Act provides that you may participate in the discussion and vote on the
resolution upon disclosure and a determination by you that you can participate fairly, objectively,
and in the public interest.
In order to comply w~th the dasclosure requirements of the Act for group members, your
disclosure must include the nature of your interest and a declaration that you are able to participate
in the transactions fairly, objectively, and in the public ~nterest. You may either make this
declaration orally, which is to be recorded in the written minutes of City Council, or you may file
a signed written declaration with the City Clerk, who shall retain the document and make it available
for public inspection for a period of five years from the date of recording or receipt. I have included
for your use a disclosure letter which complies with the Act's disclosure requirements, which are set
forth at Virginia Code § 2.2-3115(G).
As a final note, the Conflict of Interests Act deals w~th the types of influences upon a public
officer's judgement which are clearly improper. The law does not, however, protect against all
appearances of improper influence. In that respect, the Act places the burden on the individual
officer to evaluate whether the facts presented create an appearance of impropriety which is
unacceptable or which could affect the confidence of the public in the officer's ability to be
impartial.
Please contact me should you desire any additional information.
Very truly yours,
Leslie L. Lilley
City Attorney
LLL/RRI
Requested by Councilmember Rosemary Wilson
A RESOLUTION EXPRESSING THE CITY
COUNCIL'S POSITION ON THE USE OF UNSPENT
LOCAL APPROPRIATIONS FOR SCHOOL BOARD
EMPLOYEE SALARY INCREASES
WHEREAS, the City Council of the City of Virginia Beach
6 has made education one of its highest priorities;
WHEREAS, the City enjoys a high quality public education
8 system, and the Virginia Beach City Council recognizes that this
9 success is directly attributed to quality personnel, who should be
10 well compensated;
11
WHEREAS, teachers and school employees have made a
12 successful effort in achieving superior SOL scores throughout our
13 schools;
14
WHEREAS, the Virginia Beach School Board's adopted FY '03
15 Operating Budget provides for an increase in employee salaries that
16 is currently scheduled to take effect on January 1, 2003;
17
WHEREAS, it now appears that the School Board will have
18 $18.2 million in unexpended local appropriations ("reversion
19 funds") from its FY '02 Operating Budget;
20
WHEREAS, using a small portion of these funds in this
21 instance to advance the effective date of the employee salary
22 increase to November 15, 2002, would be consistent with the City
23 Council's existing policy of using school reversion funds for one
24 time, non-recurring expenditures, as school reversion funds have
25 been re-appropriated to the School Board's operating budget, as
26 well as the CIP, in the past; and
27
WHEREAS, the use of these funds in this manner would
28 also demonstrate the City Council's appreciation for the ~mportant
29 role that the employees of the City's school system play in our
30 children's lives.
31
32
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH:
33
That City Council hereby declares that the School Board's
34 use of unspent local appropriations to advance the effective date
35 of the pay increase for its employees from January 1, 2003, to
36 November 15, 2002, would be consistent with its policy on the use
37 of reversion funds, and the City Council strongly requests the
38 School Board to approve such an action.
39
4O
Adopted by the Council of the City of Virginia Beach,
Virginia on the 29th day of October , 2002.
CA-8677
Noncode/Teacherres.wpd
October 24, 2002
R2
APPROVED AS TO LEGAL
SUFFICIENCY-
~City Attoq~y' s O
Item V-I. 3.
- 36-
RES OL UTIONS/ORDINANCES
ITEM ii 50308
Upon motton by Vtce Mayor Man&go, seconded by Counctl Lady Wtlson, Ctty Counctl ADOPTED:
Or&nance to AMEND 3~18-72 of the Ctty Code re business license
taxes on coin-operated machines.
Voting 10-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Rtchard A Maddox, Vtce Mayor
Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter
W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Reba S McClanan
October 29, 2002
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
AN ORDINANCE TO AMEND THE CITY CODE
PERTAINING TO BUSINESS LICENSE TAXES
ON COIN-OPERATED MACHINES
SECTION AMENDED' ~ 18-72
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA'
That Section 18-72 of the City Code is hereby amended and
reordained to read as follows'
Sec. 18-72. Coin-operated amusement machines--Operators.
(a) For the purpose of this section, the term "amusement
operator" shall mean any person selling, leasing, renting or
otherwise furnishing or providing a coin-operated amusement machine
or u=v~= operated on the co~n-~n-the-slot principle, which machine
.... ~-- =~ ~ ..... ~ ..... ~- in the city,
or u=v~= =~ ~u~=u ~==~ __ whether or not such
operator has a fixed place of business within the c~ty; provided,
however, that the term "operator" shall not include a person owning
less than three (3) coin machines and operating such machines on
property owned or leased by such person.
(b) (i) Every Amusement operator~ with ten (10) or more
machines shall pay ~ an annual license tax of two
hundred dollars ($200.00), ~, in additionx to a
license tax of 0.36 percent on the share of gross
receipts actually received by the operator from
such bus,ness for the preceding calendar year.
(ii) Amusement operators with at least three {3) but
less than ten (10) machines shall pay an annual
license tax of one hundred fifty dollars ($150.00),
in addition to a license tax of 0.36 percent on the
share of qross receipts actually received by the
operator from such business for the precedinq
calendar year.
(c) The operator's license tax of $200.00 shall not be
applicable to operators of weighing machines, automatic baggage or
parcel checking machines or receptacles, nor to operators of
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vending machines which are so constructed as to do nothing but vend
goods, wares and merchandise or postage stamps or provide service
only, nor to operators of viewing machines or photomat machines,
nor to operators of devices or machines affording rides to children
or for the delivery of newspapers.
(d) Upon making application for a license as an operator, the
applicant shall file with the commissioner of the revenue, in
duplicate, a list of the locations of all machines and devices
sold, leased, rented or otherwise furnished to or placed with
others and, during the current license year, every operator shall
notify the commissioner of the revenue, mn writing in duplicate, of
all changes in locations of such machines and devices, within five
(5) days after such changes are made.
(e) Every operator, before commencing doing busmness in the
city, shall register with the commissioner of the revenue and
deposit with him a bond in the amount of one thousand dollars
~$1,000.00~, payable to the city, to insure the keeping of adequate
records, the filing of reports in such form and at such times as
may be prescribed by the commissioner of the revenue and the proper
payment to the city of the tax imposed by this section. The form
and surety of such bond shall be determined by the commissioner of
the revenue.
(f) Every co~n machine covered by this section shall be
plainly marked by the owner thereof w~th the name and address of
such owner.
(g) Any person violating the provisions of this sectzon shall
be guilty of a m~sdemeanor and shall be subject to a fine of not
less than fifty dollars ($50.00~ nor more than five hundred dollars
~$500.00~ for each offense and the machine or other devmce shall
become forfeited to the city.
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 29th day of October, 2002.
CA-8577
DATA/ORDIN/PROPOSED/18-072ord.wpd
R5
September 23, 2002
Item V-I. 4.
-37-
RES OL UTIONS/ORDINANCES ITEM # $0309
Attorney R E Bourdon, represented the apphcant
Attorney Davtd Hay, 3740 Holland Sutte 103, Phone 428-8488, represented the adjacent restdents, Donna
and Larry Hayes
Upon morton by Counctlman Jones, seconded by Counctlman Schmtdt, Ctty Counctl ADOPTED:
Ordtnance to AUTHORIZE an encroachment tnto porttons of the
Cs ty 's rtgh t- of- way by DALE A ND MAR YERICKSON fo r th e exss ts ng
fenctng at the rear of 4949 Athens Boulevard
(Lake Bradford Park) (DISTRICT 4 - BA YSIDE)
The followtng condtttons shall be reqmred
The temporary encroachment shall be constructed and
matntatned tn accordance with the laws of the Commonwealth of
Vtrgtnta and the Ctty of Vtrgtnta Beach and tn accordance wtth
the Ctty's spectficattons and approval
2 The temporary encroachment shall termtnate upon nottce by the
Ctty to the apphcant and, wtthm thtrty (30) days after such
notice ts given, the temporary encroachment must be removed
from the encroachment area by the apphcant and the apphcant
wtll bear all costs and expenses of such removal
3 The apphcant shall tndemntfy and hold harmless the Ctty, tts
agents and employees from and agatnst all clatms, damages,
losses and expenses, tncludtng reasonable attorney's fees tn case
st shah be necessary to file or defend an actton artstng out of the
locatton or extstence of the temporary encroachment
Nothtng heretn contatned shall be construed to enlarge the
permtsston and authority to permtt the matntenance or
constructton of any encroachment other than that spectfied
heretn and to the hmtted extent spectfied heretn, nor to permit
the matntenance and construction of any encroachment by
anyone other than the apphcant
5 The apphcant agrees to matntatn the temporary encroachment so
as not to become unstghtly or a hazard
The apphcant shall obtain and keep tn force all rtsk property
tnsurance and general ltabtltty or such tnsurance as ss deemed
necessary by the Ctty, and all tnsurance pohctes must name the
Ctty as addtttonal named tnsured or loss payee, as apphcable
The apphcant must also carry comprehenstve general habthty
tnsurance tn an amount not less than Ftve Hundred Thousand
Dollars ($500,000), combtned stngle hmtts of such tnsurance
pohcy or pohctes The apphcant must provtde endorsements
provtdtng at least thtrty (30) days'written nottce to the Ctty prtor
to the cancellatton or termtnatton of, or material change to, any
of the tnsurance pohctes The apphcant assumes all
responsibthttes and habthttes, vested or conttngent wtth relatton
to the temporary encroachment
October 29, 2002
Item V-I. 4.
- 38-
RESOLUTIONS/ORDINANCES ITEM # 50309 (Continued)
The City, upon revocation of such authortty and permission 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 collection of local or state taxes, may
requtre the Grantee to remove the encroachment and, tf such
removal shall not be made wtthtn 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 compensatton and penalttes tn any mannerprovtded
by law for the collectton of local or state taxes
Wtthtn thtr_ty (30) days, fenctng shall be reconstructed so the
fintshed stde _faces the adlacent property owners, and, the
presently tnstalled wtre fence shall be removed
Vottng 9-1
Counctl Members Vottng Aye
Louts R Jones, RtchardA Maddox, Vtce Mayor Robert C Man&go,
Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
Margaret L Eure
Counctl Members Absent
Reba S McClanan
October 29, 2002
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE TEMPORARY
ENCROACHMENTS INTO A PORTION OF THE
RIGHT-OF-WAY AT THE REAR OF 4949
ATHENS BOULEVARD BY DALE JON
ERICKSON AND MARY ERICKSON, THEIR
HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE
WHEREAS, Dale Jon Erlckson and Mary Ermckson, desmre to
maintamn a fence in the City's right-of-way located at the rear of
4949 Athens Boulevard.
WHEREAS, C~ty Council is authorized pursuant to ~ 15.2-
2009 and 15.2-2107, Code of Vlrgmnma, 1950, as amended, to
authorize a temporary encroachment upon the C~ty's rmght-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 authormty and to the extent thereof
contained in ~ 15.2-2009 and 15.2-2107, Code of Vmrgln~a, 1950, as
amended Dale Jon Erickson and Mary Ermckson their he~rs, assigns
and successors in t~tle are authormzed to maintain a temporary
encroachment for a fence in the C~ty's right-of-way as shown on
the map entitled: "PHYSICAL SURVEY OF LOTS 12, 13 & 14 LAKE
BRADFORD PARK PROPERTY OF NORFOLK LOT CORP. SUBDIVISION OF BLOCK
36, SECTION M CHESAPEAKE PARK VIRGINIA BEACH, VIRGINIA FOR DALE
ERICKSON & MARY ERICKSON," a copy of which is on file in the
Department of Public Works and to which reference ms made for a
more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachment
is expressly subject to those terms, condmtmons and criteria
contained in the Agreement between the C~ty of Virginia Beach and
Dale Jon Erzckson and Mary Erzckson, (the "Agreement") which ~s
attached hereto and ~ncorporated by reference; and
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BE IT FURTHER ORDAINED that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
BE IT FURTHER ORDAINED, that this Ordinance shall not be
· n effect until such time as Dale Jon Er~ckson and Mary Er~ckson
and the C~ty Manager or h~s authorized designee execute the
Agreement.
Adopted by the Council of the C~ty of V~rgln~a Beach,
Virgmn~a, on the 29th day of October , 2002.
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CA-#
gsalmons/erlckson/ord.
R-1
PREPARED: 09.13.02
cROVED AS TO CONTENTS
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY T~
CITY ATTbRNE~
I
LOCATION MAP SCALE: 1" = 1,600'
l
tt t
'1
!
t
~
!
I /,! '
',/ /
,m'-i, ; % /
BRADFORD ..
·
/
SALMONS.DGN / M.J.S.
LOCATION MAP
SHOWING
ENCROACHMENT REQUESTED BY
DALE AND MARYERICKSON
INTO ACIIIY RIGHI-OF-WAY
4949 HENS BOULEVARD
SCALE: 1" = 100'
PREPARED BY PAN ENG. CADD DEFT. SEPT. 2002
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-81 l(a)(3)
AND 58 1-811 (c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this 27th day of August ,2002, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City",
and Dale Jon ERICKSON and Mary ERICKSON, husband and wife, THEIR HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE, "Gramee", 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 12, 13 and 14 as shown on "PHYSICAL SURVEY OF LOTS 12,
13, & 14, LAKE BRADFORD PARK, PROPERTY OF NORFOLK LOT CORP., SUBDIVISION
OF BLOCK 36, SECTION M, CHESAPEAKE PARK, VIRGINIA BEACH, VIRGINIA, FOR
DALE & MARY ERICKSON, SCALE: 1 -~_, on file with the Office of Real Estate, Departmem
of Public Works, City of Virginia Beach and being further designated and described as 4949 Athens
Boulevard, Virginia Beach, Virginia 23455; and
That, WHEREAS, it is proposed by the Grantee to construct and maintain awooden
privacy fence, "Temporary Encroachmem", in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing City right-of-way on Lake Bradford
in the rear of 4949 Athens Boulevard, "The Temporary Encroachmem Area"; and the Grantee has
requested that the City permit a Temporary Encroachment within The Encroachment Area.
GPIN 1570-31-9154-0000
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 Encroachmem Area for the purpose of constructing and maintaining the
Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
Iconstructed 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 Encroachmem into The Encroachment Area as
shown on that certain plat entitled: "PHYSICAL SURVEY OF
LOTS 12, 13,& 14, LAKE BRADFORD PARK, PROPERTYOF
NORFOLK LOT CORP., SUBDIVISION OF BLOCK 36,
SECTION M, CHESAPEAKE PARK, VIRGINIA BEACH,
VIRGINIA FOR DALE ERICKSON & MARY ERICKSON,
SCALE: 1 "=30', "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 clahns, damages, losses and
expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action
arising out of the location or existence of the Temporary Encroacbanent.
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 lhnited 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 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 nmne the City as additional named insured or loss payee, as
applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount
not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee
will provide endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The Grantee
assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary
Encroachment.
It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the cost
thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local
or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such
removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of
what would be the real property tax upon the land so occupied if it were owned by the Grantee; and
if such removal shall not be made within the time ordered hereinabove by this Agreement, the City
may impose a penaky in the sum of One Hundred Dollars ($100.00) per day for each and every day
that the Temporary Encroachmem is allowed to cominue thereaiter, and may collect such
compensation and penalties in any manner provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Dale Jon Erickson, the said Grantee has caused this
Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia
Beach has caused this Agreemem to be executed in its name and on its behalf by its City Manager and
its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
(SEAL)
ATTEST:
By
City Manager/Authorized
Designee of the City Manager
City Clerk
gl I,,I
Dale Jon
Mary Erick~on ~ '
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
,2002, by
, CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrumem was acknowledged before me this
day of
2002, by RUTH HODGES SMITH, CMC, City Clerk for the CITY OF
VIRGINIA BEACH.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY/~FXOF VIRGINIA BEACH., to-wit:
The foregoing instrumem was acknowledged before me this 4th day of
September ,2002 by Dale Jon Erickson.
~? '1 /
Notary Pubic
My Cormnission Expires: August 31, 2006
STATE OF VIRGINIA
CITY/(IOIJ~JD~ OF VIRGINIA
, to-wk:
The foregoing instrument was acknowledged before me this
August ., 2002, by Mary Erickson.
27th day of
My Commission Expires:
August 31, 2002
Notary Public
APPROVED AS TO
LEGAL SUFFICIENCY
CITY ATTORfi/~Y
APPROVED AS TO CONTENT
~_flSTY J~EAL ESTATE AGENT
THIS IS TO CERTIFY THAT I, ON .APRIL. 50, 2002_ SURVEYED THE PROPI:'RTY ON THIS
PLAT, AND THE TITLE LINES AND THE WALLS OF THE BUILDING ARE AS SHOWN ON THIS PLAT.
THE IMPROVEMENTS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO
ENCROACHMENTS OR VISIBLE EASEMENTS EXCEPT AS SHOWN.
THIS SURVEY PERFORMED WITHOUT BENEFIT OF TITLE REPORT AND CONSEQUENTLY MAY NOT
DEPICT ALL MA'FI'ERS AFFECTING THE TITLE OF THE PROPERTY $
D,claration i, made to original purchcmer SIGNED:
of the survey. It is not tron,fer=ble to
odditionol institutions or subsequent owners
without written approvql of the surveyor.
Exhibit "A"
LAKE BRADFORD
11
STRIP
CIT~ OF VIRGINIA
WIRE FENCI~
PIN
(F)
12
PIN
I SleEt
~4~¢~ _.
18.0'
40 O'
,,
WALK '"" ' "'
1,3 '"''
go.o0'
S88'25'00"E
ATHENS BLVD
,~ (~O'R/W)
(FORMERLY
L~KE ~LVD.)
SUNN,- ~
· [. 01RC££
(,so ~lw)
(FORMERLy
POPLAR st)
THIS IS TO CERTIFY THAT THIS SURVEY
REFERS TO THE SAME LOT AS SET FORTH
BY PLAT ;DATED NOVEMBER, 1928
AND RECORDED IN THE 'CLERKS OFFICE OF
THE CIRCUIT COURT OF VIRGINIA BEACH VIRGINIA
IN MAP .BOOK 9'-- ' 15AGE 91 -
W.O. 40-10-01
FENCE
TO BE REMOVED
FENCE
,!
PIN
077.97'
2.4'
METAL
FENCE
g fence area
2,3'
15
PiN
(F) PHYSICAL SURVEY OF
LOTS 12, 13 & 14
LAKE BRADFORD PARK
PROPERTY OF
NORFOLK LOT CORP.
SUBDIVISION OF
BLOCK 36, SECTION M
CHESAPEAKE PARK
VIRGINIA BEACH, VIRGINIA
FOR
DALE ERICKSON
& MARY ERICKSON
SCALE: 1"= ,30'
B'::)UNDAI ¥ FIRST, P.C.
Surv~yor~, Engineers & Planners
2.36 Mustong Troil, Suite ~04
Virginlo B=~ch, Wrgin;~, 23452
(75~)498-3602 tel.
. ~757)498-3559 f~x.
E~PROdEgTS~Physlca]s~40-~O-O,~.dwg COPR 2002 BOUNDARY FIRST
DALE AND MARY ERICKSON
4949 ATHENS BOULEVARD
The arrow indicates approximately where the encroachment begins and
extends to the left where the fence ends.
DALE AND MARY ERICKSON
4949 ATHENS BOULEVARD
Back of property looking north. The fence is on the west side of the property.
West side of lot looking south into the backyard.
THAT I. ON NOV. 30,
"HIS FLAT. AND THAT THE TITLE L, IN[I AND THE WAI.~ OF THE
'"' iUIL~I,N(II ANk:~IHOWN' THIS I~I-~T. ~,,~,~,~' ~. THE~
PHYSICAL SURVEY
OF
LOTS 12, 13 6, 14, LAKE BRADFORD PARK
VIRGINIA BEACH, VA.
FOR
DALE JON ERI CKS ON
SCALE 1" = 20'
NOV. 30, 1982
NOTE: FOR PLAT SEE
M.B. 9, PG. 91
RULOFF WB
ALTON M. BUTLER
LAND SURVLryoFI.
VIRGINIA BEACH. VA.
39466
A. M. BUTLER
r.) CERTIfiCATE No,
715
331/23
II I IIIII I II
I III
THAT I. ON NOV. 30, 1 IURYEEYED
PI. AT. AND THAT THEE TrlLEE LINEEI AND THE WALLJ OF TH[
WITHIN THEE TITL. EEL. INEEI AND THEEREE ,~REE NO
£XCEEPT AS IHOWN. / J
PHYSICAL SURVEY
OF
LOTS 12, 13 6: 14, LAKE BRADFORD PARK
VIRGINIA BEACH, VA.
FOR
DALE JON ERI CKS ON
SCALE 1" = 20'
NOV. 30, 1982
NOTE: FOR PLAT SEE
M.B. 9, PG. 91
RULOFF WB
ALTON M. BUTLER
LAND SUII~VE'YOf~. P.C.
VIIq'~INIA BE:ACH. VA.
39466
A. M. BUTLER
CERTIfiCATE No.
331/23
·
·
·
·
· ·
eeee ee
· iee ~eeeleel e~
ee~ e.e,eeeee
t-(O& l Y'
Itle" · · eee eei/.e
' ~
· /~t~ oP~'~
iVO~FO~'K LOT £ ~1~t7
Ilee eee e ee~eee ~1~
ee
A
7 .llO~
Item V-I. 5.
- 39-
RES OL UTIONS/ORDINANCES
ITEM # 50310
Upon motton by Vtce Mayor Man&go, seconded by Counctl Lady Wdson, Ctty Councd ADOPTED:
Or&nance to ACCEPT and APPROPRIATE $267,113 from the
Federal Emergency Management Agency's (FEMA) FY 2002
Asststance to Ftrefighters Grant to the Fire Department 's FY2002-03
Operattng Budget
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Rtchard A Maddox, Vtce Mayor
Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter
W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
Reba S McClanan
October 29, 2002
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AN ORDINANCE TO ACCEPT AND APPROPRIATE A
$267,113 FEDERAL EMERGENCY MANAGEMENT AGENCY'S
2002 ASSISTANCE TO FIREFIGHTERS GRANT TO THE
FIRE DEPARTMENT'S FY 2002-03 OPERATING BUDGET
WHEREAS, the City of Virginia Beach Fire Department has been
awarded a $267,113 Assistance to Flrefighters Grant from the
Federal Emergency Management Agency ("FEMA")to Implement a health
and wellness initiative.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That $267,113 from a 2002 Assistance to Fireflghters
Grant awarded by FEMA is hereby accepted and appropriated to the
Fire Department's FY 2002-03 Operating Budget to Implement a health
and wellness initiative, with federal revenue mncreased
accordingly.
2. That a required match of $114,477 is available in the
Fire Department's FY 2002-03 Operating Budget that will satzsfy the
grant requirements and further the health and wellness inmtiatmve.
Adopted the29th day of Oct., 2002, by the Council of the
City of Vmrginia Beach, Virginia.
CA8638
noncode/Fire Act Grant 2002.ord
October 24, 2002
R3
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY:
Item V-I. 6.
- 40-
RES OL UTIONS/ORDINANCES
ITEM # 50311
Upon motton by Vtce Mayor Man&go, seconded by Counctl Lady Wtlson, Ctty Counctl ADOPTED:
Or&nance to ESTABLISH the LONDON BRIDGE and S. GREAT
NECK ROADS rights-of-way at Central Drive and Potters Road
intersections as underground uttltty areas to obtatn VDOT fun&ng
Vottng 10-0 (By Consent)
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Rtchard A Maddox, Vtce Mayor
Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jim Reeve, Peter
W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Reba S McClanan
October 29, 2002
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AN ORDINANCE TO ESTABLISH THE LONDON
BRIDGE ROAD RIGHT-OF-WAY AT THE
CENTRAL DRIVE INTERSECTION AND THE
S. GREAT NECK ROAD/LONDON BRIDGE
ROAD RIGHT-OF-WAY AT THE POTTERS
ROAD INTERSECTION AS UNDERGROUND
UTILITY AREAS
WHEREAS, the Great Neck Road-Phase IV/London Bridge Road-
Phase III Project, CIP %2-137, has been approved by City Council to
widen the current section of London Bridge Road between the
intersections of International Parkway and Potters Road and the
current section of S. Great Neck Road between the intersections of
Potters Road and Virginia Beach Boulevard;
WHEREAS, the City of Virginia Beach wishes to improve the
aesthetics and safety of London Bridge Road / Central Drive and the
London Bridge Road / S. Great Neck Road / Potters Road
intersections through this project;
WHEREAS, the Virginia Department of Transportation has
adopted a policy to pay 50% of the additional costs to relocate
existing overhead private utility lines underground, which requires
the City to adopt an ordinance to establish the limits of
underground utility districts, corridors or areas;
WHEREAS, the City Council has already enacted
requirements through the site plan and subdivision ordinances that
require new development to place new utility lines underground; and
WHEREAS, the City has appropriated sufficient funding to
pay its share of the estimated cost to relocate existing overhead
utility lines underground through the City of Virginia Beach
Capital Improvement Program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the London Bridge Road right-of-way at the
Central Drive intersection and the London Bridge Road/S. Great Neck
Road/ Potters Road intersections are hereby designated as
underground utility areas and that all new utility facilities
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installed within the London Bridge / Central Drive and London
Bridge Road / S. Great Neck Road / Potters Road intersection
rights-of-way shall be placed underground.
2. That the Director of Public Works ms hereby
authorized to execute an agreement, in a form satisfactory to the
City Attorney, with the Virginia Department of Transportation and
the utility owners within the London Bridge Road and S. Great Neck
Road rights-of-way for the necessary utility relocations.
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Adopted by the Council of the City of Vzrglnia Beach,
Virginia, on the 29th day of October , 2002.
CA-8617
ORDINkNoncodekLondon Bridge. ord.wpd
September 12, 2002
R-2
APPROVED AS TO CONTENT'
Public W~rks
APPROVED AS TO LEGAL
SUFFICIENCY-
Department o f~L~w
UNDERGROUND
ITILITY AREAS
/
/
EEAT~NECK RD. -~P-HASE:IV
BRIDGE RD.- PH~'~SE Ill:-..
SCALE= I'
/
?
PREPARED BY P/W ENG. CADD 9/17/02
- 41 -
Item V-J.
PLANNING
ITEM # 50312
1. RICHARD H. PO WELL
NONCONFORMING USE
2. CA THOLIC DIOCESE OF RICHMOND
Bishop Walter F. Sullivan
CONDITIONAL USE PERMIT
3. POTOMAC CONFERENCE CORPORA TION
CONDITIONAL USE PERMIT
4. THE TAYLOR GROUP OF VIRGINIA, INC.
CONDITIONAL CHANGE OF ZONING
5. STONEWOOD CAPITAL, LLC
SUBDIVISION VARIANCE
6. CITY OF VIRGINIA BEACH
AMEND CITY ZONING ORDINANCE
Parking requirements/Setback requirements
B-3A Central Business District
October 29, 2002
- 42 -
Item V-J.
PLANNING
ITEM # 50313
Upon motton by Vtce Mayor Mandtgo, seconded by Council Lady Wdson Ctty Counctl APPROVED IN
ONE MOTION Items 2, 3,4, .5 (AMENDED CONDITIONS) and 6 of the PLANNING BY CONSENT
Item 5 was APPROVED, BY CONSENT, WITH AMENDED CONDITION 2.
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Rtchard A Maddox, Vtce Mayor
Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, dim Reeve, Peter
W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood
Councd Members Vottng Nay
None
Counctl Members Absent
Reba S McClanan
Counctlman Jones DISCLOSED and ABSTAINED on Item J 6 a/b (CZO re off street parlang
requtrements and mmtmum set back reqmrements tn the B-3A Pembroke Central Busmess Core Dtstrtct)
as he has an ownershtp mterest tn Resource Bank, whtch exceeds three percent of tts total equtty Resource
Bank has entered into a parttctpatton agreement wtth Monarch Bank for a hne of credtt to Armada Hoffler
Properttes It ts hkely that Armada Hoffler Properttes, wtll manage the Town Center for the project's
developer, Town Center Assoctates Also, Resource Bank ts tn negottattons to lease a new butldmg at the
Town Center
October 29, 2002
- 43 -
Item V-J. 1.
PLANNING
ITEM # 50314
Rtchard Powell, apphcant, concurred wtth the Revtstons, relattve ad&ttonal con&ttons contatned wtthtn
a letter from Gordon Parker referenced by the Mayor
Upon motton by Counctlman Wood, seconded by Vtce Mayor Man&go, Ctty Counctl APPROVED AS
CONDITIONED, BY REVISED RESOLUTION apphcatton of RICHARD H. POWELL for the
enlargement ora nonconforming use, re a garage apartment on the north stde of 53ra Street
Apphcatton of Rtchard H Powell for the enlargement of a
nonconforming use on the north stde of 53ra Street, beginning at a potnt
235feet west of Atlanttc Avenue Parcel ts located at 209 53ra Street
and contains 7, 650 square feet (GPIN # 2418-89-0614) DISTRICT
5 - L YNNHA VEN
The followtng con&ttons shall be requtred
1 The ad&ttons to the structure shall be tn substanttal
conformance with the plan submttted with the apphcatton and
shall not exceed 36 square feet tn floor area and 60 square feet
tn deck area The ad&ttons shall not encroach any closer to the
rear or stde property hnes as the extsttng structure, whtch ts 10
feet from the rear (north) property hne and 2 5feet from the stde
(wes0 property hne
2 The bottomfloor of the garage apartment structure shall be used
as a garage and shall not be re-constructed for or used as hvtng
area
3 The deck shall not be enclosed
4 An tmproved parktng area for at least two vehtcles shall be
provtded off of the rear alley The total wtdth of thts area shall
not exceed 36feet at the alley rtght-of-way
5 The tree on the east stde of the garage shall be removedprtor to
the issuance of a Certtficate of Occupancy
Vottng 10-0 (By Consent)
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Rtchard A Maddox, Vtce Mayor
Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter
W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Reba S McClanan
October 29, 2002
1 REVISED VERSION
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A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A
NONCONFORMING GARAGE APARTMENT ON PROPERTY
LOCATED AT 209 53RD STREET, IN THE DISTRICT OF
LYNNHAVEN
WHEREAS, Richard H. Powell, (hereinafter the "Applicant")
has made application to the City Council for authorization to
enlarge a nonconforming garage apartment situated on a certain lot
or parcel of land having the address of 209 53rd Street in the R-5R
Residential Resort District; and
WHEREAS, the said garage apartment is a nonconforming
use, in that garage apartments are no longer allowed in the R-5R
Residential Resort District; and
WHEREAS, pursuant to Section 105 of the City Zoning
Ordinance, the enlargement of a nonconforming structure is unlawful
in the absence of a resolution of the City Council authorizing such
action upon a finding that the proposed structure, as enlarged,
will be equally appropriate or more appropriate to the zoning
district than is the existing structure;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby finds that the proposed
structure, as enlarged, will be equally appropriate to the district
as ms the existing structure.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the proposed enlargement of the Applicant's garage
apartment ms hereby authorized, upon the following conditions:
1. The additions to the structure shall be in
substantial conformance with the plan submitted with the
application and shall not exceed 36 square feet in floor area and
60 square feet in deck area. The additmons shall not encroach any
closer to the rear or smde property lines as does the existing
structure, which is 10 feet from the rear (north) property line and
2.5 feet from the side (west) property line.
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2. The bottom floor of the garage apartment structure
shall be used as a garage and shall not be reconstructed for or
used as living area.
3. The deck shall not be enclosed.
4. An improved parking area for at least two vehicles
shall be provided off of the rear alley. The total width of this
area shall not exceed 36 feet at the alley right-of-way.
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5. The tree on the east side of the garage shall be
removed prior to the issuance of a Certificate of Occupancy.
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Adopted by the Council of the City of Virginia Beach on
the 29th day of October, 2002.
CA-8644
bkw/work/nonconpowell, wpd
R-2
October 25, 2002
- 44 -
Item V-J. 2.
PLANNING
ITEM # 50315
Upon motton by Vtce Mayor Man&go, seconded by Counctl Lady Wtlson Ctty Counctl ADOPTED an
Ordmance upon apphcatton of CA THOLIC DIOCESE OF RICHMOND, Btshop Walter F Sulhvan, for
a Con&ttonal Use Permtt
ORDINANCE UPON APPLICATION OF CA THOLIC DIOCESE OF
RICHMOND, BISHOP WALTER F SULLIVAN, FOR A
CONDITIONAL USE PERMIT FOR A SCHOOL RO100231051
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton of Cathohc Diocese of Rtchmond, Btshop
Walter F Sulhvan, for a Con&ttonal Use Permtt for a school on the
west stde of ClearfieldAvenue, north of Martan Lane (GPIN #1467-66-
0696 and a portton of #1467-56-7211) Satd parcel contains 2 41
acres DISTRICT 2 - KEMPSVILLE
The followtng con&ttons shall be requtred
1 A mtntmum 8-foot wide planttng bed shall be provtded on the
southern side of the new 58 space parktng area, adjacent to Lot
10 Evergreen planttng to shteld car hghts shall be provided
wtthtn the planting bed, wtth the spectfic type and number of
plants to be approved by the Planmng Director or hts destgnee
durtng detailed stte plan revtew Evergreen shrubs should have
a natural growth hetght ofa maxtmum 2-1~2feet
2 The tsland tn the mtddle of the ctrcular drtve shall be landscaped
wtth a mtxture of trees, shrubs, annuals and perenntals The
Planmng Dtrector or hts destgnee shall approve the spectfic type
and number of plants durtng detailed stte plan revtew
Parktng lot landscaptng tn the 58 space lot and foundatton
landscaping for the new preschool ad&tton shall be provtded on
the detailed stte plan tn accordance wtth the stte plan or&nance
requtrements
A separate hghttngplan shall be submttted aspart of the detatled
stte plan for review by Pohce Department for safety and crtme
preventton Ltght poles shall not be more than 14feet tn hetght
The butl&ng shall be constructed as deptcted on the elevattons
exhtbtted to the Ctty Counctl The butl&ng ad&tton shall match
the extsttng mtddle school butl&ng tn destgn and matertal
Thts Or&nance shall be effecttve tn accordance with Sectton 107 09 of the Zomng Or&nance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-mnth of October, Two
Thousand Two
Voting 10-0 (By Consent)
Council Members Voting Aye
Margaret L Eure, Louts R Jones, Rtchard A Maddox, Vtce Mayor
Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter
W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Reba S McClanan
October 29, 2002
- 45-
Item V-d. 3.
PLANNING
ITEM # 50316
Upon motton by Vtce Mayor Man&go, seconded by Counctl Lady Wtlson Ctty Counctl ADOPTED an
Or&nance upon apphcatton of POTOMA C CONFERENCE CORPORA TION, Seventh Day Adventtst, for
a Con&ttonal Use Permtt
ORDINANCE UPON APPLICA TION OF P O TOMA C CONFERENCE
CORPORATION OF SEVENTH-DAY ADVENTIST FOR A
CONDITIONAL USE PERMIT FOR A CHURCH ROI 0023 ! 052
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton of Potomac Conference Corporation of
Seventh-day Adventtst for a Con&ttonal Use Permit for a church on
the east stde of Holland Road, 540feet south of Shtpps Corner Road
(GPIN #1495-16-6099) Satdparcel contatns 3 41 acres DISTRICT
7 - PRINCESS ANNE
The followtng con&ttons shall be requtred
The stte shall be developed as deptcted on the stte plan entttled,
"Conceptual &te Plan on Property Owned by Potomac
Conference Corporatton Seventh-Day Adventtst Church, dated
June 5, 2002 by Courtney & Associates, P C The plan may be
revtsed to meet requtrements determtned durtng the detatledplan
revtew process
The butldtng shall be constructed as deptcted on the elevattons
entitled, Proposed Elevattons Vtrgtnta Beach Church of Seventh-
Day Adventtst The destgn, matertals, and colors of the Phase H
ad&tton shall be revtewed and approved by the Planntng
Dtrector or hts Designee prtor to butl&ng plan approval
Landscaptng shall be tnstalled and matntatned as deptcted on the
landscape plan by Gad Dtcktnson submttted with the apphcatton
and on file wtth the Planmng Department However, ad&ttonal
foundatton landscaptng shall be provtded along the full length of
the northern and southern ends of the bud&ng wtth the exceptton
of entrance areas The landscape plan may be revtsed to meet
requirements determtned durtng the detatled plan revtew
process
The freestan&ng stgn shall be monument style no more than
etght feet tn hetght wtth a brtck base matching the brtck on the
butldtng
Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 (19 of the Zomng Or&nance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-ntnth of October, Two
Thousand Two
Vottng 10-0 (By Consent)
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Rtchard A Maddox, Vtce Mayor
Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter
W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Reba S McClanan
October 29, 2002
Item V-J. 4.
PLANNING
- 46-
ITEM # 50317
Upon motton by Vtce Mayor Mandtgo, seconded by Counctl Lady Wtlson Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of THE TAYLOR GROUP OF VIRGINIA, INC. for a Condtttonal Change
of Zontng Dtstrtct Classtficatton:
ORDINANCE UPON APPLICA TION OF THE TAYLOR GROUP OF
VIRGINIA, INC FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM I- 1 LIGHT INDUSTRIAL DISTRICT AND
I-2 HEAVY INDUSTRIAL DISTRICT TO CONDITIONAL I-2 HEA VT
INDUSTRIAL DISTRICT ZO10022126
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Apphcatton of The Taylor Group of Vtrgtma, Inc for
a Change of Zontng District Classtficatton from I-1 Ltght Industrtal
Dtstrtct and 1-2 Heavy Industrial Dtstrtct to Condtttonal 1-2 Heavy
Industrtal Dtstrtct on the north stde of London Brtdge Road at tts
tntersectton wtth Taylor Farm Road The Comprehenstve Plan
recommends use of thts parcel wtth a variety of employment uses, such
as bustness parks, offices, approprtately located tndustrtal and
employment support uses (GPIN # 1495-87-4771, # 1495-67-7298,
# 1495-86-0064, # 1495-76-6055, # 1495-76-2161, # 1495-76-4404,
# 1495-77-2031, # 1495-86-1301, # 1495-76-7397, # 1495-76-8053,
#1495-58-6352, # 1495-76-1395) Satd parcels contatn 218 acres
more or less DISTRICT 6 - BEA CH
The followtng condttton shall be requtred
1 Agreement encompasstng profers shall be recorded wtth the
Clerk of the Ctrcutt Court
Thts Ordinance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-mnth of October,
Thousand Two
Two
Vottng 10-0 (By Consent)
Counctl Members Voting Aye
Margaret L Eure, Louts R Jones, Rtchard A Maddox, Vtce Mayor
Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter
W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Reba S McClanan
October 29, 2002
-47-
Item V-J.$.
PLANNING
ITEM # 50318
Upon motton by Vice Mayor Man&go, seconded by Councd Lady Wdson Ctty Councd ADOPTED
apphcatton of STONEWOOD CAPITAL, LLC, at 1676 Kempsvdle Road for a Vartance re certatn elements
of the Subchvtston Ordtnance, Sectton 4 4(b), that requtres all newly created lots meet the requtrements of
the City Zomng Ordtnance (CZO) and reduce requtred street wtdth
Appeal to Dectstons of Admtmstrattve Officers tn regard to certain
elements of the Subdtvtston Ordtnance, Subdtvtston for Stonewood
Capttal, LLC Property ts located at 1676 Kempsvdle Road (GPIN
#1465-03-9889) DISTRICT 1 - CENTER VILLE
The followtng condtttons shall be requtred
1 The property shall be developed with no more than 11 lots, one
of whtch may have less than the requtred mtmmum lot wtdth of
75feet for standard lots and 85feet for corner lots
tl~e ~-~' ' ........... '-- '-~ ~'-- ' ...... The htstortc
house on proposed Lot 4 shall not be razed
3 The apphcant shallprepare and submit a treepreservatton plan
for the property to the Planmng Department for approval prtor
to final subdtvtston approval Where posstble as determtned by
the Planmng Dtrectorprtor to final subdtvtston plat recordatton,
any extsttng trees wtth a four-tnch cahper or greater outstde of
the bmldtng envelope of the 11 lots shall be preserved Tree
protectton shall be required on the tndtvtdual constructton plans
for each lot
Vottng 10-0 (By ConsenO
Councd Members Vottng Aye
Margaret L Eure, Louts R Jones, Rtchard A Maddox, Vtce Mayor
Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter
W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
Reba S McClanan
October 29, 2002
Item V-J. 6.
PLANNING
- 48 -
ITEM # 50319
Upon motton by Vtce Mayor Man&go, seconded by Counctl Lady Wtlson Ctty Counctl ADOPTED:
Ordtnances re CITY OF VIRGINIA BEACH to AMEND the Ctty
Zontng Ordtnance(CZO) :
a. Parking requirements tn the B-3A Pembroke Central Bustness
Core Dtstrtct
b Setback requirements tn the B-3A Pembroke Central
Bustness Core Dtstrtct
Vottng 9-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Rtchard A Maddox, Vice Mayor Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W
Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood
Councd Members Vottng Nay
None
Counctl Members Abstaining
Louts R Jones
Counctl Members Absent
Reba S McClanan
Counctlman Jones DISCLOSED and ABSTAINED on Item J 6 a/b (CZO re off street parktng
requtrements and mtntmum set back requirements tn the B-3A Pembroke Central Bustness Core DtstrtcO
as he has an ownershtp tnterest tn Resource Bank, whtch exceeds three percent of tts total equtty Resource
Bank has entered tnto a parttctpatton agreement wtth Monarch Bank for a hne of credtt to Armada Hoffler
Properttes It ts hkely that Armada Hoffler Properttes, wtll manage the Town Center for the project's
developer, Town Center Assoctates Also, Resource Bank ts tn negottattons to lease a new butldtng at the
Town Center
October 29, 2002
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 902 OF THE CITY ZONING
ORDINANCE, PERTAINING TO SETBACK
REQUIREMENTS IN THE B-3A PEMBROKE
CENTRAL BUSINESS CORE DISTRICT
SECTION AMENDED' City Zoning
Ordinance ~ 902
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA'
That Section 902 of the City Zoning Ordinance, pertaining
to setback requirements in the B-3A Pembroke Central Business Core
District, is hereby amended and reordained to read as follows-
Sec. 902. Dimensional requirements [Business D~str~cts].
(b) The followzng chart lists the requirements within the
B-3A Pembroke Central Business Core District for minimum lot area,
width, and yard spacing for all uses and structures
(1) Minimum lot area in square feet'
(2) Minimum lot width in feet'*
(3) Minimum setback from a street zn feet, unless
~ ~u~=~ ~=~~ ~o allowed pursuant
to subsection (~-'~)
(4) Maximum setback from a street in feet,---~
a gz-eater setback is allowed puz-suant to
subsectmon ~ul)
(5) Minimum side yard setback in feet, unless
otherwise identified herein or a greater
setback is required by section 903
(6) Minimum rear yard setback in feet, unless a
greater setback is required by section 903
B-3A
10,000
100
~ 0
10
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*Where applicable, newly created corner lots must also adhere
to section 4.4(c) of the Subdivision Ordinance, requiring
additional lot width on certain owner lots.
Except as otherwise provided here~n, setbacks affecting only
the first floor of multistory buildings may be increased by no more
than twenty (20) feet in order to allow the creation of covered
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S3
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passageways within the B-3A District. In addition, building
setbacks adjacent to roadway intersections may be increased to
provide safe and reasonable line-of-sight clearances.
('-~) ...... '~ ....... ' ............. ' .......... = ---~ ..... '-- (b) the
Planning ~ ............. ~ ~ - -- any
u=a=~=u~ m~y ~=OW a greater or lesser s~t'-u~--~- fru~
street under the following circumstances-
(1) The proposed development for which the reduced setback is
..... =~ ~- f - type ......... ' ~ .......
~.~=~ and guidelines s=t forth in the Comprehensive
=~ ~ =~= ==.~u~= Central Suszness Dzstrzct~-~ost=r
'~' ~ ............. -~ ............ does not z~=ude any buz~zngs
. .L 2 __~ ' __ --1 '
or parcels ~,,~,, are not vzsually ~,,~ functzonally
integrated into the entire development;
--~1-- -- --1--- ' -- 2 --~ ---- --1-- --1
(3) Such s==~~ do not compromzs= the=~==~== goal of
--~---~ ....... ' high-quality, urban and
pedestrian-orientedu=~== -~ ..... opment-,
(4) ~e~ proposed~=~=~'opment incorporates other recognized
u~uan deszg~ standards~u--~ Frznciples ==at~ advance the
=~ ~=.~uke~=~tral B~siness Core
u~strzct,
(5) If a reduced setback is sought, such reduction will not
taus= u~,~u= znterf=re wzth the
right-of-way by pedestrians; and
(6) If an zncreased s=tback zs sought, ~,,= urban~,,-~aracter of
the district wzll not be compromised.
(b2)npp~= ....... ==u,,o for==~u~=u' ...... or zncreased setbacks pursuant
to subs=ctzon (bl) shall~-= suum~tt=d the=~"annzng uzrector and
shall znclude a ~=~===~ p~ of development and st===tscape plan
~..~=~ ~.~= ===~==~.~.~=p of all exzstzng and proposed buzldzngs,
' ' ' -] ......... 1_2 ' _
pedestrzan zmprovements, sz~=~Iks, p~=ng lots, szt= landscaping
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and other p~hysical improvements and such other information as the
Planning Director may require as being necessary to determine
w~Net,her the application meets the criteria
set forth in subsection (~)
.... T-x_' ~1___ ' '
(b3) in the event the Pla~ng ~rector ~zes an applzcatzon
for reuu~=u or zncreased setw~ pursuant to subsectzon {'-'),u~ the
appl~cant may app=al suchu=,~-'--kal te ~= ~ity Council w~thkn
twenty-one {21) days of the date on w~hic~h the application was
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 29th day of October, 2002.
CA-8625
wmm~ordres ~B-3Asetbackordin. wpd
September 18, 2002
R-1
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REVISED VERSION
AN ORDINANCE TO AMEND THE OFF-STREET
VEHICULAR PARKING REQUIREMENTS FOR THE B-
3A PEMBROKE CENTRAL BUSINESS CORE
DISTRICT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA-
That Section 203 of the City Zoning Ordinance, pertaining to
off-street parking requirements, is hereby amended and reordalned
to read as follows'
Sec. 203. Off-street parking requirements.
(i) In any application for the change of zoning district
classification of any property to B-~ .........
Jn =ul~u-u~= Central
Busineso Cozu District, the upplzcant s~,uzl demonstrate
~at ther= zs suffzczent avaz~ule ..... '-~ -- for =~-
.... 1_ _ _l_ ' ~ l_ _
mroposed use or usus, ezther on the property
............ ' =~ .............. ( 500) feet of =~e ~roposed
use such parking is intended to serve, if parkzng is to
~= p~~=~ off-szt=, zt~~ ..... meet the r=quirements for
..... ]_2 ' ' '
off-szte p~ng faczlztzes set forth zn Section 901 of
=~zo ~u~nance. ~=ternatzvely, =~ ~pp~icant may
contract with a public entity for
~li - use of
puu~zcly-u~=u par~=~9 spaces on such terms as may be
subj=ct to the approval of the ~ty
Parking requirements for uses within the B-3A Pembroke
Central Business Core District may be satisfied by any
one, or a combination of, the following'
(1) On-site parking;
(2) Off-site parking facilities, as set forth ~n
Section 901 of this ordinance; or
(3) Public parking, if the Planning Director determines
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(i) that there is at least a sufficient number of
public parkinq spaces located within the same
development phase of the B-3A District as the
proposed use to meet public parkinq demands; (ii)
that such public parking spaces are not used to
satisfy the parking requirements of any other use,
and (iii) that the use of such public parking
spaces to satisfy the parkinq requirements of the
proposed use, either wholly or partially, is
warranted in light of the followinq considerations:
A. The extent to which the proposed use advances
the goals and objectives of the B-3A Pembroke
Central Business Core District, as stated in
Section 900 of the City Zoning Ordinance;
B. The extent to which the proposed use conforms
to the Urban Desiqn Plan component of the
Virginia Beach Central Business District
Master Plan; and
C. The amount of the projected tax revenue to be
generated by the proposed use and
improvements.
For purposes of this section, the term "parking requirements"
shall mean the number of off-street vehicular parking spaces
required by this section.
Adopted by the council of the city of Virginia Beach,
Virginia, on this 29th day of October, 2002.
CA-8599
wmmkordres kB3Apar k~ngordin, wpd
R-5
September 23, 2002
- 49-
Item V-K.I.
APPOINTMENTS
ITEM # 50320
BY CONSENSUS, City Counctl RESCHEDULED the followtng APPOINTMENT
PARKS AND RECREATION COMMISSION
October 29, 2002
CIVIL LAWSUITS RESOLVED DURING THE MONTH
OF SEPTEMBER, 2002
Ann L Mathews v Shtlah Rose Danza, Ctty of l,~trgtnta Beach and Contractors Paving
Company, Inc - negligence
Phtlhp R Dalton v Stephen M Blasher - uninsured motorist case
Penny Butts v Officer G A Fox, mdtvtdually and tn hts official capactty and Officer R
C Brown, mdtvtdually and tn hts offictal capactty and Ctty of Vtrgmta Beach -
negligence
,James M Ramsey, ,Jr v Hughes D Burton - negligence
Marlene Beatty v Davtd Matson, mdtvtdually, and tn hts capactty as Police Officer of the
City of lZtrgmta Beach, and Ctty of Vtrgmla Beach - neghgence
Ctty of Vtrgmta Beach v CEZ Equtty Corporation and Washtngton International
Insurance Company - recover costs to complete right-of-way ~mprovements
Vertzon v Ctty of Vtrgmta Beach - negligence
Note D~spos~tion details available on request from the City Attorney's Office
- 51 -
Item V-N.
AD JO URNMENT
ITEM # 50322
Mayor Meyera E Oberndorf DECLARED the City Counctl Meettng ADJOURNED at 7:16 P.M.
Hooks, CMC
Chtef Deputy City Clerk
C~ty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
October 29, 2002