AUGUST 27, 2002 MINUTESCity of Virginia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MA YOR MEYERA E OBERNDORF At-Large
VICE MA YOR ROBERT C MANDIGO. JR Kemp~vtlle -Dtstrtct 2
MARGSARET L EURE. Centervdle - Dt~trtct 1
LOUIS R dONES, Baystde - Dt,trtct 4
REBA S McCLANAN. Ro~e Hall - Dt~trtct 3
RICHARD A MADDOX- Beach - Dt~trtct 6
,IIM REEVE - Prtnces~ Anne -Dtstrtct 7
PETER W SCHM1DT- At-Large
RON A VILLANUEVA - At-Large
ROSEMARY WILSON, At-Large
IAMES L WOOD. Lynnhaven -Dt~trtct 5
lAMES K SPORE Ctty Manager
LESLIE L LILLEY Ctty Attorney
RUTH HODGES SMITH. MMC, £ try Clerk
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIYE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE (757) 427-4303
FAX (757) 426-5669
E MAIL Ctycncl~vbgov corn
August 27, 2002
I. CITY COUNCIL'S BRIEFING
- Conference Room -
2:00 PM
Ao
B,
Co
ROCK N ROLL ½ MARATHON
Tim Murphy, Elite Racing
TOWN CENTER BLOCK 5
Lou Haddad, President - Armada Hoffier
MOSQUITO CONTROL VIDEO
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room-
3:30 PM
A,
Bo
CALL TO ORDER- Mayor Meyera E. Obemdorf
ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V,
FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER- Mayor Meyera E Obemdorf
B. INVOCATION:
Reverend Robert E. Cooper
Chanty United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
4. INFORMAL AND FORMAL SESSIONS
August 13, 2002
G. MAYOR'S PRESENTATIONS
STATE FUNDS FOR RESTORATION OF OYSTER HABITAT The Honorable Frank W. Wagner, Senator - 7th District
The Honorable John J. Welch, m, House of Delegates - 21st District
.
KING NEPTUNE 2002 AND HIS COURT
Nancy A. Creech, Executive Director, Neptune Festival
H. AGENDA FOR FORMAL SESSION
I. PUBLIC HEARINGS
1. EXCESS PROPERTY - 2268 Pleasure House Road - District 4, Bayside
2. HAMPTON ROADS AGRICULTURAL EXPERIMENTAL STATION
3. THE BUFFINGTON HOUSE
4. JUDICIAL CENTER--LEASING - Office Space
J. ORDINANCES
o
Ordinance to declare EXCESS PROPERTY on 6,197.5 square feet extending eastwardly from
Lake Bradford to Lake Joyce in the Chesapeake Beach area, formerly acquired from the City of
Norfolk; and, AUTHORIZE the City Manager to convey this property to Danny K. Martin for
future development.
(DISTRICT 4- BAYSIDE)
2. Ordinance to AUTHORIZE the City Manager to execute LEASES of city-owned property:
ao
Hampton Roads Agriculture Experimental Station at Diamond Spnngs Road to the
United States of America (Department of Transportation/Federal Aviation
Administration).
(DISTRICT 4- BAYSIDE)
b°
The Buffington House at 2441 North Landing Road to Michael Connors.
(DISTRICT 7 - PRINCESS ANNE)
Judicial Center office space at 2425 Nimmo Parkway to the Virginia Beach Bar
Association (VBBA).
(DISTRICT 7 - PRINCESS ANNE)
Ordinance to ACCEPT and APPROPRIATE a $46,658 grant from the Virginia Department of
Emergency Medical Services to the Department of Emergency Medical Services' (EMS)
FY2002-03 operating budget re the "Two-for-Life" program.
.
Ordinance to TRANSFER $116,136 from contractual services to the FY2002-03 Department of
General Services operating budget re three additional full time custodial worker positions to
serve Automotive Services, Animal Control, Helicopter Shop, Mosquito Control, Pendleton
Child Services, Pohce K-9, Pohce Tralmng Gym, Pungo Police Substation and the Special
Operations and SWAT Trailer.
K. RESOLUTIONS
o
Resolution requesting citizens to vote affirmatively for the November Referendum re issuance
of General Obhgat~on Bonds to fund educational improvements at the College of William and
Mary, Old Domimon Umversity, Norfolk State University, and Tidewater Community College
as well as Parks and Recreational facilities.
.
Resolution requesting citizens to vote affirmatively for the Hampton Roads Transportation
Referendum re increasing the sales and use tax by one percent (1%) and this revenue to be used
solely for transportation improvements ~n th~s area.
.
Resolution estabhsh~ng the Virginia Beach Transition Area Technical Review Committee
providing for ~ts membership and responslb~ht~es.
L PLANNING
o
Apphcation of MARK and LESLIE ROSENSTOCK (STUART N. DUFFEN, A/A) for an
enlargement in a nonconformmg use to add square footage to the rear unit of a duplex on the
east side of Beech Street, Cape Story By The Sea and Cape Henry Shores, at Admiral Drive,
containing 6,900 square feet.
(DISTRICT 5 - LYNNHAVEN)
Recommendation:
APPROVAL
.
Apphcatlon of DAKOTA ASSOCIATES, LLC, for &sconttnuance, closure and abandonment
re a portion of Joseph Place north of Mabel Lane to create a cul-de-sac, contmmng 3,604.68
square feet.
(DISTRICT 6- BEACH)
Recommendation:
APPROVAL
.
Application of CHARLES T., FLOYD T. and IRVING N. DEARY for a Con&tional Use
Permtt to add an automated car wash to the existing fuel sales at 1689 Laskin Road and First
Colonial Road, contalmng 23,697 square feet.
(DISTRICT 5 - LYNNHAVEN)
Recommendation:
APPROVAL
,
Application of RPA Salem Lynnhaven, LLC, for a Change of Zoning Dtstrtct Classtficatton
from R-5D Residential Duplex to Conditional B-2 Community Business re a 7-11 on
property at the east side of Salem Road, north of Lynnhaven Parkway, containing 28,677.72
square feet.
(DISTRICT 1 - CENTERVILLE)
Recommendation: APPROVAL
o
Appllcat~on of DANNY MARTIN for a Change of Zoning Dtstrtct Classtficatton from A-12
(SD) and A-18 (SD) Apartment Districts to A-18 with a PD-H2 Overlay (Shore Drive
Comdor Overlay District) at Pleasure House Road and North Greenwell Road, contmmng 1
acre.
( DISTRICT 4- BAYSIDE)
DEFERRED:
Recommendation:
July 2, 2002
APPROVAL
M. APPOINTMENTS
CHESAPEAKE BAY PRESERVATION AREA BOARD
DEVELOPMENT AUTHORITY
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HUMAN RIGHTS COMMISSION
PARKS AND RECREATION COMMISSION
PERSONNEL BOARD
PUBLIC LIBRARY BOARD
REVIEW AND ALLOCATION COMMITTEE - COIG
TOWING ADVISORY BOARD
VIRGINIA BEACH/JAMESTOWN 2007 STEERING COMMISSION
WETLANDS BOARD
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at th~s meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call TDD only 427-4305
(TDD - Telephomc Device for the Deaf)
08/22/02
AGENDA\08/27/02\gw
www vbgov com
, OUR
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
2 7 August 2002
Vtce Mayor Robert C Man&go, Jr, called to order the CITY COUNCIL'S BRIEFING re ROCKNROLL
~ MARATHON tn the City Council Conference Room, City Hall Bmldmg, on Tuesday, August 27, 2002,
at 2 O0 P M
Counctl Members Present
Margaret L. Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox,
Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva and James L Wood
Counctl Members Absent
Mayor Meyera E Oberndorf
[Entered 2 08P M., gtvtng speech re
Transportatton Referendum]
Rosemary Wdson [Entered 2 05 P MI
-2-
CITY COUNCIL'S BRIEFING
ROCK N ROLL ~ MARATHON
ITEM # 50030
2:00 P.M.
The Ctty Manager tntroduced James Rtcketts, Dtrector- Conventton and Vtsttor Development, Buddy
Wheeler, Sports Markettng Co-ordmator and Ttm Murphy -Prestdent, Ehte Ractng
Mr Rtcketts advtsed last Summer was the inaugural race for the Rock N Roll ~ Marathon. Between the
Amertcan Music Festtval and the Marathon, many of the bustness communtttes tn the Resort Area declared
last Summer economtally thetr best Labor Day weekend Ehte Ractng ts the largest runntng promotton
company tn the World Mr Murphy ts also founder of the Carlsbad 5000 Meter Race tn 1986, (whtch ts
regarded as the best tn the World), as well as the Suzukt Rock N Roll Marathon tn San Diego and the
Country Mustc Marathon tn Nashville
Mr Murphy advtsed the dectston to commence The Rock 'n'Roll Half Marathon began two years ago The
Mayor, Ctty Manager, Jtm Rtcketts and the markettng team met wtth him on Labor Day tn the Ctty Counctl
Conference Room Goals were estabhshed to assure the event was faintly ortented, nattonally televtsed and
gtve a "boost" to the Labor Day wekend tn terms of &rect spen&ng All expectations were exceeded For
a first year event, the Rock 'n ' Roll ~ Marathon proved to be the largest ~ Marathon tn the World, and the
second largest runntng event of any kmd on the "Planet" The course can only handle 15,000 runners thts
proved to be one of the best compettttve fields tn the htstory of the sport A great Amertcan athlete, Deena
Drosstn of Mammoth Lakes, Cahfornta, won the race Deena 's parttctpatton was through the efforts of the
Mayor Ms Drosstn went on to wtn the New York Ctty Marathon four (4) weeks later Deena beat the world
record tn the Carlsbad 5000 and the Amertcan record at 10,000 meters on the track All the newspapers
throughout the Untted States referenced Deena wtnntng the Marathon and referenced her also wtnntng tn
Vtrgtnta Beach Over l O0-MILLION postttve tmpresstons were recetved from the nattonal televtston and
other promottons throughout the natron Over 80% of the parttctpants were outstde the Hampton Roads
area Correspondence was recetved from the Restaurant Assoctatton stattng tt was thetr best weekend at
the Beach Ehte Racing was aggresstve tn their marketing, On a yearly basts, Ehte Racing travels the
Untted States and dtstrtbutes entry forms markettng the Ctty of Vtrgtnta Beach 163-Million homes were
reached by televtstng a one hour presentatton of the Rock 'n' Roll Half Marathon
Mr Murphy &splayed a 3-mtnute vtdeo "Spirit of Rock 'n 'Roll", dlustrating not only Virgtma Beach, but
the other Marathons sponsored by Ehte Racing Deena Drosstn will again participate thts year. The race
was closed to parttctpatton 5 months before the race However, as per the request of the Mayor four hundred
(400) places were reserved for the Mthtary returnmg from Afghamstan There are three world record
holders parttctpattng The hotels are full Approxtmately 20 of the Ehte Ractng staff has already arrtved
Ehte Ractng ts coordtnattng wtth Leukemia Society of America to promote thts race Leukemta ts the
number one chsease ktller of chddren The Soctety wtll net $1.8-MILLION for Leukemia research from the
proceeds of the race
Mr Murphy expressed apprectatton to the Cay Councd for thetr support and leadershtp as well as the
dedtcated and competent staff Thts event ts comprtsed of 15, 000 runners and walkers on a 13.1-mtle course
who represent all 50 states and many countrtes
Mr Murphypresented to the Mayor and Ctty Counctl the offictal gold record for last year's hnaugural race
of the Rock N Roll ~ Marathon
August 27, 2002
-3-
CITY COUNCIL'S BRIEFING
TOWN CENTER BLOCK $
ITEM # 50031
2:20 P.M.
Mayor Oberndorf referenced being tntervtewed relattve the $18-MILLION investment of Hampton
University
Lou Haddad, Prestdent- Armada Hoffier, advtsed the Town Center ts getttng a truly regtonahsttc flatr
&gntficant tnvestments have been recetved from Hampton Umverstty Drucker and Falk ts tn maktng a $7-
MILLION equtty contrtbutton tnto theproposed apartments TowneBank from Portsmouth wtll be tnvesttng
a few Mdhon dollars Cresthne Hotels and Resorts from Maryland are maktng a stgmficant tnvestment into
the hotel The firstphase ts nearly complete The first tenants on the ground floor wtll open September 30,
2002, wtth the rest of the tenancy staggered unttl the end of the year, culmtnattng wtth the offices of Armada
Hoffler movtng tn early 2003 The office butldtng ts 75% leased wtth verbal commttments of over 85%, whtch
hopefully wtll come to fruitton tn the next 30 to 60 days Thts ts a testament to both theproject and the Ctty
Armada Hoffler expects to announce wtthtn the next several weeks, the locatton of two large anchor retatlers
tn Town Center, one of whtch does not have presence currently tn the market Those blocks wtll be apart
of Phase II. The remamder of Phase I essenttally occurs tn the Parktng lot of the extsttng Columbus Center
In the next thirty days, ground should be broken on the Hotel and TowneBank bmldtng Approxtmately two
years ago, Armada Hoffler formed a partnershtp wtth Crestline Hotels and Resorts with the goal ofbrtngmg
a htgh quahty hmtted servtce hotel to the Town Center Shortly thereafter, the market for hotelfinanctng
"drted up" September 11, 2001, added to thts sttuatton Despite thts, Cresthne and Armada Hoffler were
able to "keep the dream ahve" The hotel ts an tntegral part of Town Center The Htlton representattves
were successfully courted and a franchtse was recently awarded to operate a htgh quahty hmtted service
hotel Recently, a partnershtp wtth Hampton Umverstty provtded the tnvestment for the hotel Armada
Hoffler has been partners on projects wtth Hampton Untversttyfor the last twelve (I2) to fifteen (I 5) years
A dozen of bml&ngs have been constructed on the Hampton Umverstty campus, as well as the completton
of a couple of real estate ventures Mr Haddad spoke wtth Dr. Wtlham R. Harvey, Prestdent- Hampton
Untverstty, approxtmately a year ago, dtscusstng vartous opportumttes for the Untverstty's Endowment
Fund Dr Harvey focused on the Town Center Ulttmately, thetr Board unantmously approved a loan and
partnershtp tnterest tn the hotel The proposed hotel ts 176 rooms with limited service. Thts project ts
geared toward the bustness traveler Armada Hoffler explained to Htlton thts hotel needed to be the "htgh
end" of thetr hmtted servtce product This product has been patterned after a project tn Washington, D.C.
on Pennsylvania Avenue between I1tn and 12tn Street The entrance wtll be tnstde the porta catchter
Cresthne Hotels and Resorts will operate the hotel They presently operate the Marriott tn Norfolk and the
Renatssance tn Portsmouth Thts wtll be a Htlton Garden Inn
Paul Gladd representtng Crestline, whtch ts a franchtsee of the Hilton and Marrtottproduct, advtsed a htgh
end hmtted servtce product whtch provtdes the sleeptng quarters and the locatton to gather prtor to a
meettng or conduct other bustness whtch ts tn strong demand tn all of these Town Centers Many guests of
the hotel whtch to experience the Town Centers where all ts wtthtn walktng &stance, t e restaurants, park
facthttes and retatt Hilton and Marrtott devtsed an urban style concept whtch ts a hybrtd It provtdes the
"wow "factor of walkmg into a lobby of a full service hotel Theproduct does not have the massive meetmg
space and the huge restaurant whtch would have been a competttor to the P F Chang's restaurant already
commttted to the Town Center Mr Gladd chsplayed photographs of the proposed hotel Thts type hotel ts
tn great demand and runntng wtth an approxtmate $145 average datly rate, wtth 80% occupancy An urban
style hotel can be utthzed by everyone, those whtch are, or are not, on a per &em As far as quahty, thts
hotel wtll be a close coustn to the Renatssance and Marrtott tn Norfolk
Counctl Lady McClanan expressed concern that she does not constder thts hotel on the same level as the
Marriott and Renaissance Councd Lady McClanan beheves the hotel should afford more competition to
Norfolk and Portsmouth
Mr Gladd advtsed adverttstngfor thts concept would be "word of mouth" The htgh end Htlton requtres a
stgntficant amount of meettng space wtth a 3-meal a day restaurant, valetparktng and a farther set back for
the entrance }Vtthout stgntficant ctty substdy, thts type of product would not be feastble Portsmouth was
not tnterested tn a Town Center concept, but rather a group house to have vtsttors expertence the waterfront
There are several hybrid, urban style hmtted service products tn Town Centers that are thrtvtng at the
present ttme Counctl Lady }Vtlson tnqutred relattve servtces Mr Gladd advtsed there wtll sttll be an
element of restrtcted room servtce (not 24-hours) P F Chang's has tncltcated tnterest tn provtdtng the food
for thts room servtce A dry cleaners tn the Town Center could also provtde servtces There wtll be frtendly
educated front deskpersonnel , engtneers who can fix anything that ts amtss tn the room, access to a large
swtmmtngpool, guest laundry, vendtng on everyfloor, a small conventence store, lobby bar (tntttated by PF
Chang's and an exerctse facthty) Mr Gladd advtsed Counctlman Wood the brand standards are very
strict The City has provtded the covered parktng whtch ts the Parktng Garage tn Town Center
August 27, 2002
-4-
CITY COUNCIL'S BRIEFING
TOWN CENTER BLOCK 5
ITEM # 50031 (Continued)
Mr Haddad advtsed the Town Center concept always contatned two (2) hotels, the first betng a hmtted
servtce hotel Thts fits "hand in glove "wtth Town Center Ulttmately when Town Center matures, there wtll
be enough demand for a conventton center hotel Thts may or may not happen To accomphsh thts now wouM
be a waste of the City's funds and a wrong fit for the project The Renaissance Hotel tn Portsmouth ts a
$46-MILLlONproject wtth prtvate mvestment of $12-MILLION The Norfolk Marriott ts a $50-MILLION
proJect wtth prtvate tnvestment of $28-MILLION There wtll be a full servtce hotel at 31s' Street and there
wtll be a need for a full servtce hotel at the Conventton Center A full servtce at the Town Center would be
third tn hne
Ketth Horton, Executtve Vice Prestdent and Dtrector, Operattons Dtvtston- TowneBank, advtsed thts bank
was estabhshed approxtmately three (3) years ago and ts now the largest bank tn Hampton Roads
Wtlham H Hargrove, Dtrector- TowneBank and Archttect with Hargrove, Brockwell and Assoctates,
represents thts project betng estabhshed tn Town Center Mr Hargrove &splayed tllustrattons of the site,
whtch ts located on the corner of Constttutton Drtve and Vtrgtnta Beach Boulevard The Bank wtlI be
adjacent to the hotel They are endeavortng to be compattble wtth the hotel both tn matertals and features
Mr Hargrove &splayed the four (4) drtve-thru facthttes, whtch have assumed a low profile to assure
compattbthty The Bank will have a double staled facade The wtndows are large wtth a brtck surround and
the awmngs are the TowneBank "blue", whtch wtll also be utthzed on the hotel All the materials wtll be
matntenance-free wtth fiber glass columns Mr Hargrove &splayed the entry to be mamly utthzed The
TowneBank ts coordtnattng wtth Armada Haffler to attempt to have the bank and hotel bastcally completed
at the same ttme Mr Horton advtsed the ttme would be approxtmately thtrteen months from September
2003 The tellers at the drive-thru will be remote and the passenger will be viewing a television momtor
MSNBC, CNNor other bustness financtal news Mr Horton advtsed thts ts also a "wow" factor, a feel good
expertence Every financtal center ts a step above the prevtous one
The Mayor requested this TowneBank be constdered their "flag shtp" proJect Mr Hargrove advised
Counctlman Vtllanueva re the drtve thrus, that stackmg ts avatlable There should not be any overflow
Traffic wtll be kept out of the parking area There are a number of lanes avatlable to move traffic raptdly
The Bank ts presently 16, 000 square feet wtth two stones The lobby wtll be htgher Vtce Mayor Mandtgo
comphmented the appearance and tts comphmenttng of the Town Center
Mr Haddad expressed apprectatton to the Burrell Saunders, Archttect, and the CMSS firm
Mayor Oberndorf advtsed any further questtons generated by Ctty Counctl should be submttted to Mr
Haddad as soon as posstble
August 27, 2002
-5-
CITY COUNCIL'S BRIEFING
MOSQUITO CONTROL VIDEO
3:05 P.M.
ITEM # 50032
The Ctty Manager tntroduced the Mosquito Control Video produced by the Department of Pubhc Works -
Mosqutto Control, as a result of the }Vest Nile Virus. The Ctty Manager expressed prtde tn the staff's
productton of thts video Art Shaw -Operattons Engtneer, Pubhc Works Department and Phtl Meektns,
Mosqmto Control Superintendent, were tn attendance
Mosqutto borne &seases have kdlled more tn&vtduals than all war casualttes tn the htstory of manktnd
There are over 3, 000 &fferent mosqutto spectes worldwtde and approxtmately fifty-stx (56) have been
recorded tn Vtrgtnta Each spectes ts umque wtth &fferent habttats, behavtor, and phystcal charactertsttcs
The one thtng mosquttos have tn common ts thetr dependance on stagnant water to complete thetr hfe cycle
Most of the four stage hfe cycle or complete metamorphous takes place tn stagnant water This ts the reason
many mosqmto control techntques often tnclude water management or &fferent types of water treatment.
The communtty's matn concerns are the Eastern Equtne Encephahtts, West Nde Vtrus and Dog Heartworms
Eastern Equtne Encephahtts ts a sertous &sease and has pertodtcally plagued our ctttzens ' horses for many
years It ts a sertous &sease that ts deadly to most unvacctnated horses and about 30%fatal to humans It
results tn permanent debdttatmg neurologtcal problems and many other human cases West Nde Vtrus was
first &scovered tn the area tn 2001 It ts most dangerous to those over the age of fifty or wtth weakened
immune system Both Eastern Eqmne Encephahtts and West Nde Vtrus are maintained tn the local bird
populatton To control mosquttos and the &seases they carry, thetr hfe cycle must be tnterrupted The best
ttme to do thts ts when they are tn the aquattc stage and not acttvely btttng Getttng rtd of stagnant water ts
the best long term method of mosqutto control Mosqutto control crews spend much of thetr off-season work
ttme cleartng and matntatning dratnage &tches to keep water flowtng. Other tmportant sources of stagnant
water are contatners that catch and hold ratn water for more than one week These contatners are espectally
prone to bree&ng Astan Tiger Mosqmtos Thts ts the species responsible for the largest number of mosqmto
problems for the ctttzens of Vtrgtnta Beach The Mosquito Control Complex tn Pungo has an &foot barb
wtre fence surroun&ng the compound (occupted 24 hours a day wtth an armed guard at ntghO Ail chemicals
and tnsecttctdes utthzed are stored tn sheds whtch have 2 mch steel doors that are doubled locked All larva
collected are tdenttfied to determtne the prevalence of certam spectes Lab personnel also set CDC traps
weekly at 21 estabhshed locattons to monttor adult mosqutto populattons These traps catch female
mosquttos that are seektng a blood meal to develop thetr eggs Male mosquttoes do not requtre a blood
meal and never bite The catches are returned the next day to the biology laboratory The catches from
several areas of the Ctty are placed tn separate large Petra &shes and are rough sorted and separated tnto
spectes These are sent to the Nor. fo& Regtonal Health Department Laboratory to be tested for thepresence
of mosqutto borne &seases Another survedlance utdtzed by the Btology Laboratory ts testtng "Senttnel"
chtckens to determtne the level of &sease acttvtty tn the area Sentmel chtckens areplaced tn &fferent areas
of the ctty A small sample of the chtcken's blood ts taken every two weeks and sent to the Norfolk Regtonal
Health Department Laboratory to be tested for mosquito control &seases Reports of these results are
tmme&ately submttted to the Mosqmto Control Supertntendent to make treatment dectstons Restdents can
call the Mosqutto Hot Ltne to determtne where the spray trucks wdl be treattng 426-6611
The most effecttve preventattve measure agatnst the Asian Tiger Mosquito ts fin&ng and treattng thetr
breedmg spots
Phd Meektns, advtsed the green sticker ts a program devised to capture residents whtch are 300feet or more
off the road The product wtil not do ttsjob over 300feet People need to get out of thetr door when spraytng
commences Mr Meektns advtsed at the present ttme, because of the West Nile Vtrus presence, every area
tn the Ctty ts betng sprayed The spraymg takes place between 6 O0 P M and 11 O0 P M
Vice Mayor Man&go referenced a meettng at Kempsvdle Mtddle School re the Fox Run Dttch last Thursday,
August 22, 2002 Several Departments were represented as this &tch contains mosqmto bree&ng areas as
well as rodent tnfestattons Vtce Mayor Man&go was tmpressed wtth the attendance and the Ctty responses
The Vtce Mayor commended the Mosquito Control and the Ctty Manager for thetr &hgence tn protecttng
our ctttzens
Mr Meektns advtsed Councdman Vdlanueva the effects of the spraytng last several days The spraytng is
hke a fly swatter tt kdls only the mosqmtos tt impacts From 6 O0 P M to 11 O0 P M ts when the majortty
of spectes are acttve
Mr Meektns advtsed the Operattng Budge was $1 4-MILLION last year and $1 6-MILLION thts year
Mayor Oberndorf expressed apprectatton for a great job
August 27, 2002
,12
-6-
.4 GENDA RE VIE W SESSION
3:30 P.M.
ITEM # 50033
Ordtnance to AUTHORIZE the Ctty Manager to execute
LE,4SE of ctty-owned property
The Buffington House at 2441 North Landing Road to
Michael Connors
(DISTRICT 7 - PRINCESS ANNE)
Mayor Oberndorf referenced a Commtttee whtch was to revtew the utthzatton of the Buffington House The
Parks tn the southern end of the Ctty were to be represented tn thts butldmg wtth the posstbtltty of Barry
Frankenfield - Parks and Recreatton havtng an office located therem The Ctty Manager advtsed the staff
has reviewed the best use of the property for the pubhc benefit At least for the tntertm, tt was determined
that the renewal of the lease wtth the current Lessee wtll asstst the Ctty tn the matntenance of the Buffington
House and the surroundtng grounds andprevent vandahsm The lease ts for a term of one year wtth renewal
opttons of four addtttonal one year-periods and a 60-day cancellation At the present ttme, the staff does
not have a pubhc use tn mtn& however, at some potnt tn the future as the tratl systems evolve and the West
Neck Park comes on hne to a greater extent, thts house mtght be uttltzed to a greater extent for another
purpose
Mayor Oberndorf referenced the replacement of wtndows whtch are not htstortcally correct The Ctty
Manager advtsed any remodehng of the home must be accomphshed after wrttten permtsston of the Ctty The
house ts not htstomcally accurate Counctl Lady McClanan referenced a stmtlar problem tn the Francts
Land House relattve htstortcally correct modtficattons Counctlman Wood expressed concern relattve the
prtce of $600 a month for a 2-bedroom, 2 bath house on 8 67 acres ts well below market Counctl Lady
Wtlson and Counctl Members Maddox and Reeve concurred
This ttem wdl be DEFERRED INDEFINITEL Y, B Y CONSENT
ITEM # 50034
,14
Ordtnance to TRANSFER $116,136 from contractual
servtces to the FY2002-03 Department of General Servtces
operattng budget re three addtttonal full ttme custodial
worker postttons to serve Automottve Servtces, Antmal
Control, Hehcopter Shop, Mosqutto Control, Pendleton
Chtld Servtces, Pohce K-9, Pohce Tratntng Gym, Pungo
Pohce Substation and the Spectal Operations and SWAT
Trader
Counctl Members Reeve and Wood expressed ocncern and mqutred tf the service desired was not received
wtth the current contract or was tt just general performance
Currently, all buddtngs at the Mumctpal Center are servtced by Ctty Members and all other cttyfactltttes
are servtced by cleantng contractors }Vhtle thts system has worked well tn the past, the level of servtce at
nine (9) Ctty facthttes has dechned tn an unacceptable level while the hourly cost for contractual services
has escalated
Councd Lady Eure tnchcated, when she was a Ltatson to the Mtnortty Bustness Counctl, the largest contract
wtth the Ctty was for custodtal servtces, however, personnel was a great problem
Chuck Davts, Admtmstrator -Butldtng Matntenance, advtsed Leon N Old, Jr ts the new Supertntendent
of Custochal Servtces Mr Old brought the tssue forward to Mr Davts relattve the cluster of ntne (9)
butldtngs tn the southern portton of the Ctty, examtning the cost to servtce these butldtngs -- approxtmately
$21 O0 an hour betngpatd by the City A cost comparison wtth Ctty staff tnchcated a rate of $13 73per hour
Mr Davts advtsed the Ctty does have the flextbthty to provide 15 days notice and remove a building or
butldtngs from the contract
August 27, 2002
-7-
A GEND/I RE VIE W SESSION
ITEM # 50035
K2
Resolutton requesttng ctttzens to vote affirmattvelyfor the
Hampton Roads Transportation Referendum re
tncreastng the sales and use tax by one percent (1%) and
thts revenue to be used solely for transportatton
tmprovements tn this area
Councd Lady McClanan referenced the dtscusston concermng an overstght commtttee and wouM hke
assurance the expendttures and work are momtored to reassure the pubhc As worded, mass transtt was
tndefimte Counctlman Schmtdt advtsed there are six (6) Counctl Members on the Hampton Roads Planning
Dtstrtct Commtsston (HRPDC)
Counctl Lady Wtlson advtsed several members of the Ctty Counctl are tn agreement that the overstght
commtttee should be comprtsed of citizens
Mayor Oberndorf referenced the Virginia Beach 1986 Bond Referenda Committee and R Bradshaw Pulley,
a representattve ofthts Commtttee Thts Commtttee oversaw $100-MILLION worth of Referenda Bonds to
butld the major roads tn the Ctty The Commtttee reported to the Ctty Counctl quarterly Thts gave thepubltc
a feehng of securtty The Ctty Counctl ts looktngfor a party that ts ummpeachable and can report back to
the ctttzens relattve the funds staytng wtthtn the regton and betng utthzed properly
Councilman Jones advtsed the Planmng Dtstrtct Commtsston has not appotnted a a Sub Commtttee to
overstght the Referendum Thts can be brought up as a suggestton at the Metropolitan Planning
Organization (MPO) meettng
Mayor Oberndorf advised the legislation contains wording that the Members of the Hampton Roads
Planning District Commission (HRPDC) wtll oversee Counctlman Jones wtll be the mcomtng chart of the
HRPDC
Counctl Lady Eure expressed reservattons as she does not thtnk the sales tax ts the approprtate revenue
source The funding should be derived from users 'fees, tolls and a gas tax Every "hmb" of the Virginia
Department of Transportatton (VDOT) has been dtssected The majortty of the old members of VDOT have
become prtvate consultants Counctl Lady Eure has reservattons turntng over theseprojects to the "new ktds
on the block" of VDOT Counctl Lady Eure would prefer the optton of etther plactng the projects out to btd
or have VDOT manage
Mayor Oberndorf advtsed the dectston on fundtng was not the dectston of the locahttes Mayor Oberndorf
referenced attendance on January 29, 2002, of Senators Mary Wtlhams, Kenneth W Stolle and Frank W
Wagner The Ctty had flown the Senators tn vta pohce hehcopter to brtef Ctty Counctl relattve the proposed
Referendum The Senators advtsed the gasohne and toils were not recommended for utthzatton of road
tmprovements as these fundtng sources would not pass the General Assembly The Members of the General
Assembly chd not wtsh to have tolls on roads, which had been pard The gas tax was projected to be ratsed
12¢ a gallon Wtthout the tolls, the gas tax would have to be ratsed to 20¢ a gallon Mayor Oberndorf
beheves there ts a rebutldtng of staff that wtll be result tn excellent managers There ts a butlt tn escalatton
clause tn the fundtng
Counctlman Schmtdt advtsed the new Secretary of Transportatton, Whttttngton Clements, Chatrs the
Subcommtttee on Approprtattons for Transportatton
Councdman Jones advtsed there ts bastcally a $5.3-BILLION deficit for the Biennium in the State of
Virginia. A 20% cut across the board wtll probably occur If we do not make the effort to take control of thts
tssue through the HRPDC and the MPO, the ctttzens are not gotng to be able to move around tn thts area
Vtce Mayor Man&go advtsed thts Referendum gives thts Regton an opportuntty to have a say tn thetr desttny
As the City ts looking to recrmt more economic business into the area, the business communtty may vtew thts
Referendum favorable, deptcttng the leadershtp of our ctttzens tn taktng care of thetr own future
August 27, 2002
-8-
AGENDA RE VIEW SESSION
ITEM # 50036
K3
Resolutton estabhshtng the Vtrgtnta Beach Transition
Area Technical Review Committee and provt&ng for tts
membershtp and responstbthttes
The Ctty Attorney requested the Resolutton be constdered, however, the appotntments to the Transition Area
Technical Review Committee be DEFERRED
Counctlman Reeve advtsed stnce thts was addressed at the Transition Area Workshop of August 20, 2002,
many tndtvtduals have called and wtshed to be a part of the Commtttee Not only should there be open
meettngs wtth this Commtttee, but an "open mtke " for pubhc comment
Councdman Reeve advtsed Dtsclosure Statements were forwarded to all proposed participants on the
Commtttee The Commonwealth Attorney ts also conducting a review There has not been sufficient time for
revtew
Counctlman Schmtdt advtsed there wtil be every opportunutty to retatn as much pubhc commment as
posstble
Councdman Jones referenced the meettngs procedure of the Shore Drive Advisory Commission At the end
of each meettng, there was a pubhc comment sesston Thts allowed the pubhc the opportumty to speak
Much of thepublic comment was taken tnto constderatton tn the final dectston makingprocess Counctlman
Jones recommended adoption of thts type of procedure
ITEM # 5003 7
B Y CONSENSUS, the foilowtng shall compose the CONSENTAGENDA:
ORDINANCES
J1
Ordtnance to declare EXCESS PROPERTY on 6,197 5
square feet extenchng eastwardly from Lake Bradford to
Lake Joyce tn the Chesapeake Beach area, formerly
acqutred from the Ctty of Norfolk, and, AUTHORIZE the
Ctty Manager to convey thts property to Danny K. Martin
for future development.
(DISTRICT 4 - BA YSIDE)
J 2 Or&nance to AUTHORIZE the Ctty Manager to execute
LEASES of ctty-owned property
Hampton Roads Agriculture Experimental Statton at
Dtamond Sprtngs Road to the United States of America
(Department of Transportatton/Federal Avtatton
Admtntstratton)
(DISTRICT 4 - BA YSIDE)
The Buffington House at 2441 North Lan&ng Road to
Michael Connors
(DISTRICT 7 - PRINCESS ANNE)
Juchctal Center office space at 2425 Ntmmo Parkway to
the Vtrgtnta Beach Bar Assoctatton (VBBA)
(DISTRICT 7- PRINCESS ANNE)
J3
Ordtnance to ACCEPT and APPROPRIATE a $46,658
grant from the Vtrgtnta Department of Emergency
Medtcal Servtces to the Department of Emergency
Me&cai Servtces ' (EMS) FY2002-03 operattng budget re
the "Two-for-Life "program
August 27, 2002
-9-
AGENDA RE VIEW SESSION
ITEM # 5003 7 (Continued)
RESOLUTIONS
K1
Resolutton requesting ctttzens to vote affirmattvelyfor the
November Referendum re issuance of General
Obhgatton Bonds to fund educational improvements at
the College of Wtlham and Mary, Old Domtnton
University, Norfolk State Umverstty, and Tidewater
Communtty College as well as Parks and Recreational
facilities
K2
Resolutton requesttng ctttzens to vote affirmattvelyfor the
Hampton Roads Transportation Referendum re
tncreastng the sales and use tax by one percent (1 °/3o) and
thts revenue to be used solely for transportatton
tmprovements tn thts area
K3
Resolutton estabhshtng the Vtrgtnta Beach Transition
Area Technical Review Committee provtdtng for its
membershtp and responstbthttes
J4
Ordtnance to TRANSFER $I16, I36 from contractual
servtces to the FY2002-03 Department of General Servtces
operattng budget re three addtttonal full ttme custodial
worker postttons to serve Automottve Servtces, Antmal
Control, Hehcopter Shop, Mosqutto Control, Pendleton
ChtM Servtces, Pohce K-9, Pohce Tratntng Gym, Pungo
Pohce Substatton and the Spectal Operattons and SWAT
Tratler
Item J 2b will be DEFERRED INDEFINITEL Y, B Y CONSENT
August 27, 2002
-lO-
AGENDA RE VIEW SESSION
ITEM # 50038
L2.
Apphcatton of DAKOTA ASSOCIATES, LLC, for
dtsconttnuance, closure and abandonment re a
portton of Joseph Place north of Mabel Lane to
create a cul-de-sac, contatmng 3, 604 68 square feet
(DISTRICT 6- BEA CH)
Councd Lady Wtlson expressed concern relattve the Lavendar Lane tssue Councd Lady McClanan advised
she drtves through thts netghborhood a lot Counctl Lady Eure prefers a thru street rather than a cul-de-sac
Counctl Members Eure, McClanan and Wtlson wtll vote NA Y on thts ttem
ITEM # 50039
L5
Apphcatton of DANNY MARTIN for a Change of Zomng
Dtstrtct Classtficatton .from A-12 (SD) and A-18 (SD)
Apartment Districts to A-18 with a PD-H2 Overlay
(Shore Drtve Corrtdor Overlay Dtstrtc0 at Pleasure
House Road and North Greenwell Road, contatmng I
acre
(DISTRICT 4 - BA YSIDE)
Councd Lady Eure expressed concerns re the absence of vinyl shakes on the more expenstve portton of the
project
ITEM # 50040
BY CONSENSUS, the followtng shall compose the PLANNING BY CONSENT AGENDA:
L1
Apphcatton of MARK and LESLIE ROSENSTOCK
(STUART N. DUFFEN, AIA) for an enlargement tn a
nonconformtng use to add square footage to the rear untt
of a duplex on the east stde of Beech Street, Cape Story By
The Sea and Cape Henry Shores, at Admtral Drtve,
contatntng 6, 900 square feet
(DISTRICT 5- L YNNHA VEN)
L2.
Apphcatton of DAKOTA ASSOCIATES, LLC, for
dtsconttnuance, closure and abandonment re a
portton of Joseph Place north of Mabel Lane to
create a cul-de-sac, contatntng 3, 604 68 square feet.
(DISTRICT 6- BEA CH)
L3.
Apphcatton of CHARLES T., FLOYD T. and
IR VING N. DEAR Y for a Conchttonal Use Permtt to
add an automated car wash to the extsttngfuel sales
at 1689 Lasktn Road and Ftrst Colontal Road,
contatntng 23, 697 square feet.
(DISTRICT 5 - L YNNHA VEN)
L. 4
Apphcatton of RPA Salem Lynnhaven, LLC, for a
Change of Zontng Dtstrtct Classtficatton from R-5D
Residential Duplex to Conditional B-2 Community
Business re a 7-11 on property at the east stde of
Salem Road, north of L ynnhaven Parkway, contatntng
28,677 72 square feet
(DISTRICT I - CENTER VILLE)
August 27, 2002
-11-
AGENDA RE VIE W SESSION
ITEM it 50040 (Continued)
L 5. Apphcatton of DANNY MARTIN for a Change of
Zontng Dtstrtct Classtficatton from A-12 (SD) and A-
18 (SD) Apartment Districts to A-18 with a PD-H2
Overlay (Shore Drtve Corrtdor Overlay Dtstrtct) at
Pleasure House Road and North Greenwell Road,
contatmng 1 acre
(DIStRICt 4 - BA YSIDE)
Counctl Members Eure, McClanan and Wtlson wtll vote NAY on Item L 2
August 27, 2002
- 12-
CITY COUNCIL COMMENTS
4:25 P.M.
ITEM tt 50O41
Councdman Vdlanueva referenced the Council of Civic Organizations (CCO) sponsored Transportation
Forum re the Referendum tn Ctty Councd Chambers on Friday, August 23, 2002, and the attendance of
Mayor Oberndor. f Councdman Vdlanueva tntroduced Mark Andrews, part of hts Campaign Team He ts
the Ytrgtnta Beach operattve for the "Yes" campatgn
Mr Andrews satd he would be conferrtng wtth all Councd Members and wouM be happy to provtde any
support and hterature relattve educattonal matertals
Councd Lady Wdson requested a speaker for a group Mr Andrews advised a speakers bureau ts avatlable
and he would be pleased to accommodate thts request
ITEM # 50042
Councdman Maddox advtsed the City CounctI site tnspectton trip has been rescheduled for September 19,
2002 Councdman Maddox dtstrtbuted the Itinerary for the Transttton Area Tour
Charleston, South Carolina
Raleigh, North Carolina
Salisbury, Maryland
Daniel's Island
I'ON
Carpenter's Village
Bedford
Wakefield
Ocean Pines, Active Adult Center
ITEM # 50043
Councd Lady Wdson advtsed at 3:00 P.M. this afternoon, August 27, 2002, Senator John Warner and
Senator Ed Schrock conducted a ceremony to honor the Old Cape Henry Lighthouse Thts was the first
Pubhc Works project signed by President George Washtngton tn the Continental United States
ITEM # 50044
Councd Lady Wdson comphmented the stgns throughout the Ctty on open space and the dtfferent projects
to advtse the ctttzens' thetr tax dollars are at work Thts ts not just land, but land the ctttzens own Councd
Lady Wtlson extended apprectatton to Councd Lady Eure for her parttctpatton tn the Open Space
Subcommtttee and the Ctty Councd Councd Lady Eure also extended apprectatton to the staff
ITEM # 50045
Councd Lady McClanan tnqutred about the Navy Brtefing re the Draft Environmental Impactment
Statement for Ctty Councd meettng wtth the Navy on September 4, 2002, at 1 30 P M in the Pavthon VIP
Conference Room and only City Councd, not ctttzens, betng allowed to ask questtons The Ctty Manager
advtsed as elected officials, the Navy wished to brief the City Councd, but if they went beyond that, they
could not cut off debate as all other groups would hke the same rtghts
ITEM # 50046
Councd Lady McClanan also expressed concern relattve the Ctty Councd Brtefing on the Sandbrtdge Road
Corridor Opttons on Tuesday, September 3, 2002, and then a Ctttzen Informaaon Meettng on Thursday,
September 5, 2002, re the Sandbrtdge Road Corrtdor lmprovements CIP-151 Somettme ctttzens need ttme
to study the issues
Councdman Reeve advtsed the consultants wdl be brtefing Ctty Councd on three opttons tdenttfied, location,
as well as the aesthettc look of the roadway and the constructton A matrix has been developed to enable Ctty
Counctl to evaluate thsrupttons to existing homes, businesses, number of acres of land that wtll need to be
acqutred, amount of wetlands dtsturbed and the amount of Federal property whtch must be negottated Thts
tnformatton ts avadable on the Sandbridge. com Website There have been monthly meetings attended by
ctttzens
August 27, 2002
- 13-
CITY COUNCIL COMMENTS
ITEM # 50047
Counctlman Maddox referenced the Pendleton Parking Lot and advtsed hts personal e-mad was placed on
Surfline. com. As a result, he has recetved approxtmately 200 e-marls tn the last seven (7) days Mr Maddox
&strtbuted a sample of seven (7) of the most horrtfic e-marls These are the m&vtduals who have created
much of theproblem tn Croatan The next group &strtbuted by Counctlman Maddox ts a samphng of the vast
majortty These tn&vtduals were apologettc that they were mtstnformed These encompass 70% of the e-
mads Councdman Maddox responded personally to each of the e-mads Councdman Maddox referenced
a memorandum from the Police Chief to the City Manager, dated February 8, 1984:
"Currently a patrol car ts asstgned on a 24-hour basts to the zone tn
whtch Croatan Beach ts located However, durtng the Summer season,
an ad&ttonal officer ts asstgned durtng the dayttme and evemng shtfts
prtmartly to handle parktng complatnts and related problems on
weekdays On the weekends, at least two other officers are asstgned
exclustvely to the Beachfront area of Croatan Ad&ttonallyfour-wheel
drtve vehtcles patrol thts area when avatlable During the past tourtst
season, over 2,000 parktng ttckets were tssued tn thts area and
approxtmately 35 vehtcles were towed Constderable effort was
&rected toward curtathng reckless drtvtng, drtnktng tn pubhc and
other nmsance vtolattons"
The memo further detatls were approximately 120 restdenttal homes and 360 ctttzens tn Croatan Today
there are 500 homes and almost I500 people, with an addittonal 150,000 tn&vtduals rest&ng tn Virginia
Beach
Councdman Reeve advtsed he had spoken wtth many m&vtduals, matnly surfers The majortty of concerns
still come from the older professtonal surfers who enjoy surfing prtor to work Counctlman Maddox ts
worktng hard to secure the Pendleton Parking Lot year-round.
Councdman Maddox advtsed he ts opttmtsttc to havtng the Pendleton Parking Lot open year-round If not
posstble, he has no problem tn removtng ttme restrtcttons from some of the lots tn Croatan to allow ample
room for the early morntng surfer
ITEM # 50048
Vtce Mayor Man&go referenced
Or&nance to TRANSFER $300, O00 from vartous Storm Water Capital
ProJects to Capttal ProJect #7-012, to extend the ptped drainage
system tn Fair Meadows
Thts item wtll be scheduled for the Ctty Counctl Sesston of September 3, 2002 Part of these funds, he
understands, will be utthzed for planmng work tn the Transition area, whtch ts to support the techntcal
assistance team and the other portton deals with the Fair Meadows project Vice Mayor Man&go attended
thetr Ctvtc League meettng last eventng, August 26, 2002, and the Ctvtc League retterated concerns Thts
project ts scheduled to end tn September There are &tches that are a problem as far as pubhc health and
safety are concerned The ctttzens wtll be contacttng the Ctty Councd members
August 27, 2002
- 14-
ITEM # 50049
Vtce Mayor Mandtgo called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Councd Conference Room, Ctty Hall Budding, on Tuesday, August 27, 2002, at 4 40
PM
Councd Members Present
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W
Schmidt, Ron A Vdlanueva, Rosemary Wdson, and James L Wood
Counctl Members Absent.
Mayor Meyera E Oberndorf
[Left to attend meettng wtth Senator John
Warner, Representaave Edward Schrock,
Representattve Owen Ptckett (rettred) and
Judge David Adams, Prestdent- Hampton
Roads Councd of the Navy League,
requesttng support to have all 10 of the
Navy's East Coast-based F/A 18 Super
Hornet squadrons based at Oceana
August 27, 2002
- 15-
ITEM # 50050
Vice Mayor Man&go entertatned a motton to permtt Ctty Councd to conduct tts CLOSED SESSION,
pursuant to Section 2 1-344(A), Code of Vtrgmta, as amended, for the followtng purpose
PERSONNEL MATTERS Dtscusston, consMeratton or tntervtews of
prospecttve can&dates for employment, asstgnment, appointment,
promotton, performance, demotton, salaries, &sctphnmg, or
restgnatton of specific pubhc officers, appointees, or employees
pursuant to Sectton 2 1-344 (A) (1)
To Wtt Appmntments
Boards and Commissions
Chesapeake Bay Preservatton Area Board
Development Authority
Francts Land House Board of Governors
Human Rtghts Commtsston
Parks and Recreatton Commtsston
Personnel Board
Pubhc Ltbrary Board
Review and Allocation Commtttee
Towtng Advtsory Board
Vtrgtnta Beach/Jamestown 2007 Steertng Commtsston
Wetlands Board
PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the
acqutsttton of real property for a pubhc purpose, or of the &sposttton
of pubhcly-held real property, where &scusston tn an open meettng
would adversely affect the bargatmng posttton or negottattng strategy
of the public body pursuant to Sectton 2 2-3711(A)(3)
Rudee Loop ProJect
Acqutsttton of Property -Vtrgtnta Beach Dtstrtct
LEGAL MA TTERS' Consultatton wtth legal counsel or brtefings by
staff members, consultants, or attorneys pertatntng to actual or
probable httgatton, or other spectfic legal matters requtrtng the
provtston of legal advtce by counsel pursuant to Sectton 2 2-
3771(A)(7)
Cay of Virgtnta Beach v Vtrgtma Martne Resources Commtsston, George Wdkte and
the Wetlands Board
Ctty of Vtrgtnta Beach v Vtrgmta Martne Resources Commtsston, Elton Turptn and
the Wetlands Board
Frtends of Ferrell Parkway, L.L C and Andrea Kilmer v the Ctty of Vtrgtnta Beach,
et al
Upon motton by Counctlman Jones, seconded by Councd Lady Wdson, Ctty Councd voted toproceed tnto
CLOSED SESSION.
Vottng 10-0
Councd Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Mandigo, Jr, Jtm Reeve, Peter W
Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
Mayor Meyera E Oberndorf
(4:40 P.M. - 6:00 P.M.)
August 27, 2002
-I6-
FORMAL SESSION
VIRGINIA B EA CH CITY CO UNCIL
August 27, 2002
6:00 P.M.
Vtce Mayor Robert C Man&go, Jr, called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butl&ng, on Tuesday, August 27, 2002, at 6 O0 PM
Counctl Members Present
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W
Schmtdt, Ron A. Vtllanueva,, Rosemary Wdson and James L Wood
Counctl Members Absent
Mayor Meyera E Oberndorf
[ENTERED 6 30 P M Attendtng
meettng wtth Senator John Warner,
Representattve Edward Schrock,
Representattve Owen Ptckett (rettred)
and Judge Davtd Adams, Prestdent -
Hampton Roads Counctl of the Navy
League, requesttng support to have all
10 of the Navy's East Coast-based F/A
18 Super Hornet squadrons at Oceana]
INVOCATION
Reverend Robert E Cooper
Chanty Umted Metho&st Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
August 27, 2002
Item V-E.
-17-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 50051
Upon motton by Counctlman Jones, seconded by Council Lady Eure, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meettng
requirements by Virgmta law were dtscussed tn Closed Sesston to which
thts cert{ficatton resolutton apphes,
AND,
Only such pubhc bustness matters as were tdent{fied tn the motton
convenmg the Closed Sesston were heard, dtscussed or constdered by
Vtrgtnm Beach City Council
Vottng' 10-0
Counctl Members Voting Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W
Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
August 27, 2002
OF OUll' #1
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 50050, page 15, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711(.4) of ihe Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Ruth Hodges Smith, MMC
City Clerk
August 27, 2002
Item V-F. 1.
-18-
MINUTES
ITEM # 50052
Upon motton by Councdman Jones, seconded by Counctl Lady Eure, Ctty Councd APPROVED the
Mtnutes of the INFORMAL AND FORMAL SESSIONS of August 13, 2002.
Vottng 9-0
Councd Members Vottng Aye
Margaret L Eure*, Louts R Jones, Reba S McClanan, Rtchard
Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter
Schmtdt, Ron A Vtllanueva and James L Wood
Counctl Members Vottng Nay'
None
Counctl Members Abstatntng
Rosemary Wtlson
Counctl Members Absent'
Mayor Meyera E Oberndorf
*Counctl Lady Eure ABSTAINED on the last two ttems of the Mtnutes, as she had to leave the Meeting early
(6 25 P M)
Counctl Lady Wtlson ABSTAINED as she was not tn attendance durtng the Ctty Counctl Sesston of August
20, 2002
August 27, 2002
- 19-
Item V-G. 1.
MA YOR 'S PRESENTATION
ITEM # 50053
STATE FUNDS FOR RESTORATION OF 0 YSTER H/IBITA T
The Honorable Frank W. Wagner, Senator - 7th Dtstrtct tn conjunction with The Honorable John J.
Welch, III, House of Delegates - 21st District, presented a check for $40,000.00, ratsed by the homeowners
of the Western Branch of the Lynnhaven Rtver Thts was for the purpose of promottng oyster growth
Senator Wagner tntroduced Walter Harrell of the Vtrgtnta Martne Resources Commtsston who presented
a check to the Virginia Beach Oyster Heritage Program in the amount of $65,000. Mr Harrell also
tntroduced Dr James Watson -Dtrector of the Oyster Herttage Program, Vtrgtnta Martne Resources
August 27, 2002
Item V-G.2.
MA YOR 'S PRESENTATION
- 20 -
ITEM # 50054
Vtce Mayor Man&go tntroduced Nancy Creech, Prestdent of the Virginia Beach Neptune Festival Thts ts
the 29tn year of the Festival What started as a small communtty Festival, has grown to be the largest event
of tts ktnd tn the Commonwealth of Vtrgtnta Average vtsttatton ts from 44 states and 1 l foretgn countries
each year The sand sculptmg draws masters and teams from places as far away as Belgium and France
The Budget exceeds $1.3 to $4-MILLION, 'half of whtch ts ratsed from sponsors and 'halffrom the Neptune
Festtval's own revenue centers Over $17-MILLIONin economtc benefit ts returned to the City The Festtval
commences on August Thtrtteth and ends on September Twenty-ntnth There are 1200 volunteers for the
Festtval plus an ad&ttonal 800for the Tmgon-Bay Brtdge Marathon on October 20, 2002
2002 ROYAL COURT
KING NEPTUNE XXIX
B Rod Rodrtguez
TRITONS
Dr Thomas Anthony Albertco
Brtan Scott Burgess
John Harrell Fatn
Barry Dean Kntght
Steven Cratg Layden
Robert Preston Mtdgett
Anthony Patrtck Nero
PRINCESSES
Maya Shavonne Cooke
Chrtstte Letgh Dams
Chelsea Lynn Fussell
Cathertne Lynnette Man&go
Stephante Lynn Salmons
San& Robyn Stoeckeler
PRINCESSES RO YALE
Melame Lynn Albertco
Kelly Ehzabeth Bernd
Emthe Rene Ttlhou
August 27, 2002
Item V-G.3.
- 21 -
MA YOR 'S PRESENT,4 TION
ITEM # 50055
Mayor Oberndorf RECOGNIZED the followtng Boy Scout tn attendance to earn his mertt badge
SCOUT TROOP # 445
Sponsored by Christian Church United
Edgar Cruz-Senga
August 27, 2002
Item V-H.
- 22 -
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 50056
BY CONSENSUS, Ctty Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
August 27, 2002
Item V-I. 1.
- 23 -
PUBLIC HEARING
ITEM # 50057
Vtce Mayor Man&go DECLARED A PUBLIC HEARING:
EXCESS PROPERTY- 2268 Pleasure House Road- District 4, Bayside
There betng no speakers, Vtce Mayor Man&go CLOSED THE PUBLIC HEARING
August 27, 2002
Item V-I.2.
- 24 -
PUBLIC HEARING
ITEM # 50058
Vice Mayor Mandtgo DECLARED A PUBLIC HEARING:
HAMPTON ROADS A GRICUL TURAL EXPERIMENTAL STATION
There betng no speakers, Vice Mayor Mandtgo CLOSED THE PUBLIC HEARING
/lugust 27, 2002
Item V-I.$.
- 25 -
PUBLIC HEARING
ITEM # 50059
V~ce Mayor Man&go DECLARED A PUBLIC HEARING:
THE B UFFINGTON HO USE
There betng no speakers, Vtce Mayor Man&go CLOSED THE PUBLIC HEARING
August 27, 2002
Item VJ. 4.
- 26-
PUBLIC HEARING
ITEM # 50060
Vice Mayor Man&go DECLARED A PUBLIC HEARING:
JUDICIAL CENTER-LEASING - Office Space
There betng no speakers, Vtce Mayor Man&go CLOSED THE PUBLIC HEARING
August 27, 2002
Item V-J.
-27-
ORDINANCES
ITEM # 50061
Upon motton by Counctlman Jones, seconded by Counctlman Schmtdt, Ctty Counctl APPROVED IN ONE
MOTION, Ordtnances 1, 2a, 2b (DEFERRED), 2c, 3 and 4 and Resolutton lof the CONSENTAGENDA.
Item 2b was DEFERRED INDEFINITEL Y, B Y CONSENT
Voting 10-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W
Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood
Council Members' Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
August 27, 2002
Item V-J. 1.
ORDINANCES
- 28 -
ITEM # 50062
Upon motton by Councdman Jones, seconded by Councdman Schmtdt, Cay Counctl ,4DOPTED:
Or&nance to declare EXCESS PROPERTY on 6,197 5 square feet
exten&ng eastwardly from Lake Bradford to Lake Joyce tn the
Chesapeake Beach area, formerly acqutred from the Ctty of Norfolk,
and, ,4 UTHORIZE the Ctty Manager to convey thts property to Danny
K. Martin for future development. (DISTRICT 4 - BA YSIDE)
Vottng 10-0 (By ConsenO
Council Members Voting Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W
Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
August 27, 2002
:L AN ORDINANCE DECLARING CERTAIN
2 PROPERTY EXCESS AND AUTHORIZING
3 CITY MANAGER TO CONVEY SAME TO
4 DANNY K. MARTIN
WHEREAS, the City of Virg~nia Beach (the "C~ty") acquired btle from the City
6 of Norfolk ~n and to a parcel of real property which included a strip of land 25 feet wide
extending eastwardly from Lake Bradford to Lake Joyce (the "Property") by deed recorded
8 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed
9 Book 1018, at Page 15, as shown on Location Map, attached hereto
10
WHEREAS, the City Council is of the opinion that a portion of the
11 PROPERTY referenced as "AREA TO BE DECLARED EXCESS (APPROX. 6,197 5 SF/
12 0 1423 AC )' as shown on Location Map is in excess of the needs of the City of Virginia
Beach and should be sold to Danny K. Martin; and
14
WHEREAS, an appraisal of market value has been prepared by a qualified
appraiser and has been delivered to and approved by staff of the City
16
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA
18
1 That the portion of the Property containing approximately 6,197 5
19
square feet in area is hereby declared to be in excess of the needs
2o
of the City and that the City Manager is hereby authorized to convey
21
said portion of the Property to Danny K Martin
22
2 That the appraised value of FIFTEEN THOUSAND DOLLARS
23
($15,000) is to be the sale price of the portion of the property.
24
3 The conveyance of the approximately 6,197.5 square foot site is
25
subject to Danny K Martin's acquisition of the following three parcels
26
of real property' GPIN #1479-48-7476, GPIN #1479-48-7522, and
2'7
28
29
GPIN # 147948-6524 Danny K. Mart~n shall provide the City copies
of the recorded ~nstruments showing transfer of title of the foregoIng
parcels to Danny K. Martin, prior to closing.
I 4 That the approximately 6,197 5 square foot s~te (the "Site") shall be
conveyed subject to the following covenants, cond~bons, and
restricbons w~th the final wording thereof to be sabsfactory to the C~ty
Attorney
a The C~ty shall reserve the right to establish easements for
drmnage and ubl~bes under, over, across and through the S~te
b S~te shall be resubd~wded to eliminate interior lot hnes.
Th~s ordinance shall be effecbve from the date of ~ts adoption
Adopted by the Council of the C~ty of V~rg~n~a Beach, V~rg~ma, on the 2 7 th
10 day of augu.~t. ,2002
11
12
CA- ~.~'~'~
PREPARED: August 12, 2002
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law /I
SUMMARY OF TERMS
SALE OF EXCESS PROPERTY AT 2268 PLEASURE HOUSE ROAD
SELLER:
City of Virginia Beach
PURCHASER:
Danny K. Martin
PROPERTY:
Approximately 6,197.5 SF± (0.1423+ Acre)
SALE PRICE:
$15,000 as per appraisal
SETTLEMENT DATE: Upon completion of Purchaser's rezoning and proof of acquisition of
three parcels of real property as set forth below
CONDITIONS OF SALE
Conveyance of the Property is subject to Danny K. Martin's acquisition of the
following three parcels of real property. GPIN //1479-48-7476, GPIN //1479-
487522, and GPIN//1479-48-6524
Danny K. Martin shall provide the City copies of the recorded instruments showing
transfer of title of the foregoing parcels to Danny K. Martin, prior to closing.
The City shall reserve the right to establish easements for drainage and utilities under,
over, across and through the Property.
The Property shall be resubdivided to eliminate interior lot lines.
SCALE 1'-1600'
SITE
LOCATIOiV MAP
i
i
/
/
/
AREA TO BE DECLARED EXCESS
(APPROX. 6,197.5 S.F./0.1423 AC.)
LOCATION MAP SHOWING
EXCESS CITY OWNED PROPERTY
ADJACENT TO
2268 PLEASURE HOUSE ROAD
SCALE: 1" = 100'
PREPARED BY PAN ENG. DRAFT. 7-26-02
I
/
I
/
o
Excess City Property- Robert E. Stafford, Sr., Trustee
From of 2268 Pleasure House Road - The 25' strip runs along the southern
property line headed to the east
From of 2268 Pleasure House Road - The 25' strip runs along the southern
property line headed to the east
Item V-J.2.a.?c
ORDINANCES
- 29-
ITEM # 50063
Upon motton by Counctlman Jones, seconded by Counctlman Schmtdt, Ctty Counctl ADOPTED:
Ordtnances to AUTHORIZE the Ctty Manager to execute LEASES
of ctty-owned property
a Hampton Roads Agrtculture Experimental Station at Dtamond
Sprtngs Road to the United States of America (Department of
Transportatton/Federal Avtatton Admtntstratton) (DISTRICT4
- BA YSIDE)
c Judtctal Center office space at 2425 Ntmmo Parkway to the
Vtrgtnta Beach Bar Association (VBBA) (DISTRICT 7 -
PRINCESS ANNE)
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W
Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
August 27, 2002
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE WITH THE
VIRGINIA BEACH BAR ASSOCIATION FOR 200
SQUARE FEET OF OFFICE SPACE IN THE
JUDICIAL CENTER, LOCATED AT 2425 NIMMO
PARKWAY
WHEREAS, the City of Virginia Beach ("the City") is the owner of that certain parcel of
9 land together with the improvements thereon, located at 2425 Nimmo Parkway, Virginia Beach,
10 Virginia, and more commonly known as the Judicial Center as shown on Exhibit A attached
hereto (the "Property");
12
WHEREAS, the City has leased approximately 200 square feet of office space in the
11.3 Judicial Center (the "Premises") to the Virginia Beach Bar Association (the "VBBA") for
general office use and for no other use;
15
WHEREAS, the current lease has expired, and the VBBA desires to enter into a new
lease with the City to continue to use and occupy the Premises as an office; and
17
WHEREAS, City staff has determined that the leasing of the Premises to the VBBA is in
18 keeping with the law-oriented uses located in the Property and the continued presence of the
19 VBBA will afford citizens as well as attorneys the opportunity to make contact with the VBBA
2 0 and its members.
21
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
2 2 VIRGINIA BEACH, VIRGINIA:
23
That the C~ty Manager is hereby authorized to execute a lease between the Virginia Beach
24 Bar Association and the City for 200 square feet of office space in the Judicial Center in
2 5 accordance with the Summary of Terms attached hereto.
26
Adopted by the Council of the City of Virginia Beach, Virginia on the 2 7 th day of
2 7 August; ,2002.
28 CA-8564
29 R-I
30 8/05/02
APPROVED AS TO LEGAL
SUFFICIENCY:
Law Department ~/
APPROVED AS TO CONTENTS:
SUMMARY OF TERMS
LEASE FOR THE USE OF 200 SQUARE FEET
OF OFFICE SPACE AT THE JUDICIAL CENTER
LESSOR:
City of Vlrglma Beach
LESSEE:
Virginia Beach Bar Association
PREMISES:
Approximately 200 square feet of office space at the Judicial Center located
at 2425 Nlmmo Parkway
TERM:
July 1, 2002- June 30, 2007
RENT:
Two Thousand Two Hundred Dollars ($2,200 00) annually
RIGHTS AND RESPONSIBILITIES
OF LESSEE:
Will use the Premises for an office and for no other purpose, and shall make no
alterations, modifications or improvements to the Premises without the prior written
consent of the City
Will maintmn public hablhty insurance for the Premises with policy limits of not less
than $1,000,000 combined single hmits per occurrence.
Will be responsible and liable for all damage to the Premises, including the building,
caused by the willful or negligent acts or omissions of Lessee or its agents or
lnVltees, or for any breach of Lessee's obligations under the Lease
Will indemnify the City for any and all claims arising from Lessee's use and
occupation of the Premises
RIGHTS AND RESPONSIBILITIES
OF CITY:
Will inspect the Premises for compliance with the terms of the Lease and all state,
local and federal laws, statutes, ordinances and regulations
Will provide, at Lessor's expense, electrical service, janitorial services, heating, air
conditioning as conditions require, during normal business hours, and hot and cold
water for drinking, cleaning and lavatory purposes
TERMINATION: The City may terminate if Lessee fails to cure a default within 30days after
receipt of written notice of default, or for any public purpose with 60 days prior written notice to
Lessee
[ '[isers\VValldelxWP',BZAXVaBchBarLse sum xx pd
r.
,.
~/ ..... i
r / /
/
/
ED RTY
m ,~ the :~J"i, ,, Center) ~
TO BE-EEASED '~0 "'~
IA .,"BEACH BAR'i',!ASi¢OCIATION
N. - 2425 NIMMO PARKWAY
SCALE' 1" = 400'
PREPARED BY PAN ENG DRAFT 31-JUL-2002
ORDINANCE NO.
lO
11
12
13
14
15
16
17
18
19
2o
21
22
23
24
25
26
27
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE WITH THE
UNITED STATES OF AMERICA, FOR 2,500
SQUARE FEET OF CITY OWNED LAND
LOCATED OFF OF DIAMOND SPRINGS ROAD
WHEREAS, the City of Virginia Beach ("the City") is the owner of that certain parcel of
land located on the property known as the Hampton Roads Agricultural Experiment Station off
of Diamond Springs Road in Virginia Beach, Virgima (the "Property") which is currently under
long-term lease to the Commonwealth of Virginia,
WHEREAS, wath the consent of the Commonwealth of Virginia, the City has leased to
the United States of America, a 2,500 square foot site, located within the Property as shown on
Exhibit A attached hereto, (the "Premises") for use by the United States of America as a Low
Level Wind Shear Detection Station (the "Facility") and for no other use,,
WHEREAS, the current lease has expired and the United States of America desires to
enter into a new lease for ~ts use of the Facihty,
WHEREAS, City staff has determined that the Facihty will benefit the citizens of the City
of Virginia Beach and the surrounding communities by providing a site for a Low Level Wind
Shear Detection station to serve the Norfolk International Airport, and
WHEREAS, the Commonwealth of Virginia has consented to a new lease for the use of
the Facdity,
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
That the City Manager is hereby authorized to execute a lease between the United States
of America and the City for 2,500 square feet of land at the Hampton Roads Agricultural
Experiment Station in accordance with the Summary of Terms attached hereto
Adopted by the Council of the C~ty of Virginia Beach, Virginia on the 2 7 th day of
2 8 August ,2002
29
30
31
32
CA-8516
R-2
O7/3O/O2
C \WINDOWS\TEM~Wmdshe2 wpd
APPROVED AS TO LEGAL
Law Department
APPROVED AS TO CONTENTS:
ept. of Public Works
SUMMARY OF TERMS
LEASE FOR TilE USE OF 2,500 SQUARE FEET OF CITY PROPERTY
LESSOR:
LESSEE:
City of Virginia Beach
United States of America (Federal Aviation Administration)
PREMISES:
Approximately 2,500 square feet of City property located off of Diamond
Springs Road and known as the Hampton Roads Agricultural Experiment
Station
TERM:
June 30, 2002 - June 30, 2007
RENT:
No rent shall be charged.
RIGIITS AND RESPONSIBILITIES
OF UNITED STATES:
Will use the Premises for a low level wind shear detection station and no other
purpose
Will remediate at its sole cost and expense, all hazardous substance contamination or
adverse environmental conditions on the Premises occurring as a direct result of the
installation, operation and/or maintenance of the facility.
Will maintain and perform any and all necessary repairs and replacements to the
Premises and restore the Premises to as good a condition as that existing at the time
of the United States' initial entry upon the Premises under this lease or any prior lease,
ordinary wear and tear excepted, or make an equitable adjustment in the lease amount
for the cost of such restoration of the Premises or the diminution of the value of the
Premises if unrestored, whichever is less
RIGHTS AND RESPONSIBILITIES
OF CITY:
Will inspect the Premises for compliance with the terms of the Lease and all state,
local and federal laws, statutes, ordinances and regulations.
TERMINATION: The City may terminate with 365 days written notice to the United States The
United States shall not be reimbursed for any expenses or damages incurred as a result of the City's
termination The United States may terminate with 30 days written notice to the City
C \WINDOWS\TEMP~Wmdshcu
LOCATION MAP SCALE : 1" -- 1,600'
NO.
I
FAA ME/ER
',~. PROPERTY
· TO BE LE~ED
POWER
CABLE
' LOCATION MA~I~ ~'""~
O ~ -,~/O ,,
° ° // ~" SHOWING ,
DIAMOND
°//CITY OWNED PROPERTY
O///C
;./~ '~ ~ TO BE LEASED TO
THE UNITED STATES OF AMERICA
' ~'-~'~'~ LOCATION-HAMPTON
ROADS AGRICULTU~[ ·
EXPERIMENT STATION OFF
DIAMOND SPRINGSROAD/ /'
,
S~LE:I" - 200'
t
SPRING.DGN M.J.S. 602
PREPARED BY PAN ENG, CADD DEPT. 20-JUN-2002
Item V-J.2.b.
ORDINANCES
- 30-
ITEM # 50064
Upon motton by Counctlman Jones, seconded by Counctlman Schmtdt, City Councd DEFERRED
INDEFINITEL Y:
Or&nance to,4 UTHORIZE the Ctty Manager to execute LEASES of
ctty-owned property.
b The Buffington House at 2441 North Lan&ng Road to Michael
Connors
(DISTRICT 7 - PRINCESS ANNE)
Vottng 10-0 (By ConsenO
Council Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W
Schmidt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
August 27, 2002
Item V-J. 3.
ORDINANCES
- 31 -
ITEM # 50065
Upon motton by Counctlman Jones, seconded by Counctlman Schmtdt, Ctty Counctl ADOPTED:
Or&nance to A CCEPTand APPROPRIA TEa $46,658 grant from the
Vtrgtnta Department of Emergency Me&cai Servtces to the
Department of Emergency Me&cal Servtces' (EMS) FY2002-03
operattng budget re the "Two-for-Life"program
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vwe Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W
Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood
Councd Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
August 27, 2002
AN ORDINANCE TO ACCEPT AND
APPROPRIATE A $46,658 GRANT FROM THE
VIRGINIA DEPARTMENT OF EMERGENCY
MEDICAL SERVICES TO THE DEPARTMENT
OF EMERGENCY MEDICAL SERVICES' FY
2002-03 OPERATING BUDGET TO PROVIDE
FOR EQUIPMENT AND TRAINING NEEDS
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
WHEREAS, the City of Virginia Beach has been awarded a $46,658
grant from the Virginia Department of Emergency Medical Services to
provide training and purchase equipment for rescue squad
operations, and the required $28,704 City match is available within
the EMS Department's FY 2002-03 operating budget to satisfy the
grant requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That a $46,658 grant is hereby accepted and appropriated
from the Virginia Department of Emergency Medical Services to the
Department of Emergency Medical Services' FY 2002-03 Operating
Budget to provide training and purchase equipment, with revenue
increased accordingly.
Adopted the 27thday of Aug., 2002, by the Council of the
City of Virginia Beach, Virginia.
CA-8587
ordln/noncode/EMS RSAF Grant.ord.wpd
August 8, 2002
R2
APPROVED AS TO CONTENT:
Management Serv
APPROVED AS TO LEGAL
SUFFICIENCY:
Depa~tmen~' La~/
COMMONWEALTH of VIRGINIA
Department of Health
July 1, 2002
Edward Brazle
C~ty of VA Beach Dept of EMS
1917 Aret~e Avenue
Vlrgmm Beach, VA 23451
Dear Grant ~trat~or.'~
The Office of Emergency Medmal Servaces (OEMS) ~s pleased to announce that your agency has been awarded
fundmg from the OEMS Consohdated Grants Program. The attached Award Page ~tem~zes the actual dollar value
and ~tem(s) your agency has been awarded under thru program.
In order to provide the best possible customer selnnce, please take t~me to read all grant award documentation.
Please provide the grant number on all correspondence to OEMS and contact our office ~f you have any questaons.
· Award Acceptance Form (Agreement for Serrates): must be returned w~th~n 60 days of grant award.
Original or faxed cop~es will be accepted.
**Note: all forms are available for downloading on our website: www. vdh. state, va. us/oems.
, Instructions for Grant Reimbursement.
· Reimbursement Checklist: All ~tems must be submitted ~n order to process your reimbursement.
· Conditions: A condition has been placed on some grant awards. Any and all cond~hons must be met ~n order
to recmve rmmbursement.
It would be ~n your agency's best interest to purchase awarded ~tem(s) by December 31, 2002 for the best price
advantage, but no later than June 30, 2003
Contact Carol S. Morrow OEMS Grant Program Manager for grant mformat~on at (804) 371-3500 or 1-800-523-
6019
Enclosures
D· ~ VIRGINIA
~11~ DI~PARTMENT
~ IIOF HEALTH
Protecting You ami Your Env,rotm~t
www vdh state va us
Office of Emergency Medical Services
Consolidated Grant Program
AWARD PAGE
July 1, 2002 - June 30, 2003 Grant Period
Agency Name: CITY OF VA BEACH DEPT OF EMS
Grant Number: TI-C07/06-02
Code Items Requested
G 12142 Newspaper Advertisements
Conditions~ 12-Quote,
13-Acknowledgement
Status
FUNDED
G 12143 Brochures
Conditions: 12-Quote,
13-Acknowledgement
FUNDED
12144 AED--public access
12145 Broslo Tapes
12146 Miscellaneous ALS Equipment
12147 Disaster Task Force Equipment
12148 MRL Pic System
12149 Minitor III Pagers
NOT FUNDED
NOT FUNDED
NOT FUNDED
NOT FUNDED
FUNDED
NOT FUNDED
T 12150 ALS Training - Para. Req. Topics FUNDED
Course: Beach EMS Training Center
T 12151 ALS Training - Intermediate
Course: Virginia Beach
Quantity Funding C
Funded % Level T #
T 12152 ALS Training - Shock Trauma
Course: Virginia Beach
4 50
T 12153 ALS Training - PALS Course:
Virginia Beach
1 5O
T 12154 ALS Training - ACLS Course:
Virginia Beach
4 5O
T 12155 ALS Training - Intermediate to
Paramedic Course: Virginia Beach
1 100 C
FUNDED 1 100 T 18
FUNDED 1 100 T 20
FUNDED I 100 C
FUNDED 1 100 C
FUNDED 1 100 T 4
Amount
Funded
$4,000.00
$2,500.00
$22,204.00
$4,224.00
$6,030.0O
$3,800.00
$1,280.00
$1,280.00
$1,340.00
$46,658. O0
G - Rescue Squad Assistance Fund R - Recruitment and Retention T - ALS Training Fund
Item V-J. 4.
- 32 -
ORDINANCES
ITEM # 50066
Upon motton by Counctlman Jones, seconded by Counctlman Schmtdt, City Counctl ADOPTED:
Ordtnance to TRANSFER $116,136from contractual servtces to the
FY2002-03 Department of General Servtces operatmg budget re three
addtttonal full ttme custodial worker postttons to serve Automotive
Services, Ammal Control, Hehcopter Shop, Mosquito Control,
Pendleton Chtld Servtces, Pohce K-9, Pohce Tratnmg Gym, Pungo
Pohce Substatton and the Spectal Operattons and SWAT Trader
Vottng' 10-0 (By ConsenO
Counctl Members Votmg Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W
Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L. Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
August 27, 2002
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AN ORDINANCE TO TRANSFER $116,136
FROM CONTRACTUAL SERVICES TO ADD
THREE FTE'S FOR THE CLEANING OF NINE
CITY FACILITIES CURRENTLY UNDER
CUSTODIAL SERVICES CONTRACT
WHEREAS, a cost analysis has determined that it is cost
efficient for the City to perform custodial services at nine
buildings outside the Municipal Center with City staff instead of
contractual custodial services.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That three full time Custodial Worker positions are
hereby authorized to be added to the FY 2002-2003 Operating Budget
of the Department of General Services for the purpose of providing
custodial services to the following facilities: Automotive
Services, Animal Control, Helicopter Shop, Mosquito Control,
Pendleton Child Services, Police K-9, Police Training Gym, Pungo
Police Sub-Station, and the Special Operations and SWAT Trailer.
2. That existing appropriations of $116,136 within the
FY 2002-2003 Operating Budget of the Department of General Services
are hereby transferred to fund the additional three positions and
related costs of providing custodial services for the above
referenced facilities.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 27th day of August, 2002.
CA-8596
ORDINkNONCODEkCustodial Services FTE's.ord
RI
August 13, 2002
APPROVED AS TO CONTENT'
APPROVED AS TO LEGAL
SUFFICIENCY'
C~~r n e~y~ ~~f f '1 c~e" ~'
*,mi
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Item V-K. 1.
- 33 -
RESOLUTIONS
ITEM ii 5006 7
Upon motton by Councdman Jones, seconded by Councdman Schmtdt, Ctty Councd ADOPTED:
Resolutton requesttng ctttzens to vote affirmattvely for the November
Referendum re tssuance of General Obhgatton Bonds to fund
educational improvements at the College of Wdham and Mary, Old
Domtmon Untverstty, Norfolk State Untverstty, and Ttdewater
Communtty College as well as Parks and Recreational facilities
Vottng 10-0 (By ConsenO
Councd Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Mandtgo, Jr, Jtm Reeve, Peter W
Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood
Councd Members Vottng Nay
None
Counctt Members Absent
Mayor Meyera E Oberndorf
August 27, 2002
A RESOLUTION REQUESTING THE VOTERS OF
VIRGINIA BEACH TO VOTE AFFIRMATIVELY ON
THE NOVEMBER REFERENDUM QUESTIONS
CONCERNING THE ISSUANCE OF GENERAL
OBLIGATION BONDS OF THE COMMONWEALTH OF
VIRGINIA TO FUND THE CONSTRUCTION OF
EDUCATIONAL FACILITIES AND PARKS AND
RECREATIONAL FACILITIES
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WHEREAS, the issuance of bonds has long been used by
the Commonwealth of Virginia, as well as the City of Virginia
Beach and other governments, to provide funding for the
construction of capital facilities and for the purchase of
land for open space; and
WHEREAS, the 2002 General Assembly enacted
legislation authorizing a referendum question concerning the
issuance of general obligation bonds of the Commonwealth of
Virginia in the maximum amount of $900,488,645 for the
financing of capital projects for educational facilities; and
WHEREAS, the 2002 General Assembly also enacted
legislation authorizing a referendum question concerning the
issuance of general obligation bonds of the Commonwealth of
Virginia in the maximum amount of $119,040,000 for the
financing of capital projects for parks and recreational
facilities; and
WHEREAS, the proposed bonds for educational
facilities would provide a funding mechanism for improvements
to many Hampton Roads institutions of higher education, such
as Old Dominion University, Norfolk State University, the
College of William and Mary and Tidewater Community College;
and
WHEREAS, the proposed bonds for parks and
recreational facilities would provide a funding mechanism for
improvements to First Landing State Park and False Cape State
Park; and
WHEREAS, the issuance of bonds resulting from an
affirmative vote on the aforesaid referendum questions would
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not require an increase in existing taxation rates throughout
the Commonwealth, nor would the sale of such bonds impact
local debt ratings; and
WHEREAS, investing in the future for higher
educatmon, parks and recreation, and open space is important
to our quality of life as Virginians and allows Virginia to be
more competitive in the world marketplace;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the voters of Virginia Beach are urged to
participate in our democratic process on November 5, 2002.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the voters are urged to vote "YES" on both of
the November 5, 2002 referendum questions concerning the
issuance of general obligation bonds of the Commonwealth of
Virginia for educational facilities and parks and recreational
facilities, respectively.
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Adopted by the City Council of the City of Virginia
Beach, Virginia, this 27th day of Auqust , 2002.
CA-8593
wmm/ordres/author~ zebondsres, wpd
R-2
August 15, 2002
APPROVED AS TO CONTENT-
City ~an~%~s~fice
APPROVED AS TO LEGAL
SUFFICIENCY'
Law Depart~en[' ---
Page 1 of 1
Beverly Hooks - Re: Transportation Referendum
From:
To:
Subject:
Beverly Hooks
Mary, S~mmons,
Re: Transportation Referendum
Dear Mary.
I am faxlng ~t now I just got out of a meeting
Beverly
>>> "S~mmons, Mary" <s~mmonse@yorkcounty gov> 10/02/02 02.35PM >>>
Hi, Beverly
I'm writing to ask ~f Va Beach Councd has adopted a resolution ~n support of the Transportation Referendum, and ~f so, could you please send
me a copy? My FAX number ~s 890-4002 Emad would be fine also
Thanks
Mary Ellen S~mmons, MMC
Legislative Assistant
County of York
(757) 890-3325
about:blank 10/2/2002
Item V-K.2.
- 34-
RESOLUTIONS
ITEM # 50068
Robert 0 'Connor, 204 52na Street 23451, Phone 428-0902, regtstered tn OPPOSITION.
Upon motton by Vtce Mayor Man&go, seconded by Counctlman Reeve, City Counctl ADOPTED:
Resolution requesttng ctttzens to vote affirmattvely for the Hampton
Roads Transportation Referendum re tncreastng the sales and use tax
by one percent (1%) and thts revenue to be used solely for
transportatton tmprovements tn thts area
Vottng 11-0
Counctl Members Voting Aye
Margaret L. Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
August 27, 2002
A RESOLUTION REQUESTING THE VOTERS OF VIRGINIA
BEACH TO VOTE AFFIRMATIVELY ON THE HAMPTON ROADS
TRANSPORTATION REFERENDUM QUESTION CONCERNING
INCREASING THE SALES AND USE TAX BY ONE PERCENT
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WHEREAS, our transportation system defines economic
opportunities and affects the quality of life available to citizens
throughout Hampton Roads, especially because our boundaries are
largely defined by bodies of water, such that travel often requires
the use of tunnels, bridges and Interstate 64 or Interstate 664 as
the major traffic corridor between Virginia Beach and Williamsburg;
and
WHEREAS, increasing traffic congestion in the Hampton Roads
metropolitan area adversely impacts our citizens, businesses and
military facilities through loss of time and productivity, increased
air pollution, increased traffic on residential streets, delays and
cancellations affecting government, business, commercial and tourism
activities, reduced access to and lack of alternatives for emergency
services, hurricane evacuation routes and military response
capabilities; and
WHEREAS, through an open and collaborative process
involving local elected officials and chief administrative officers
from all Hampton Roads communities, public hearings, and actions of
local governing bodies, there have been identified the six most
important transportation projects for the future of this region,
including mass transit, which address objectives of environmental
quality, "smart growth," and existing infrastructure investment; and
WHEREAS, funding from existing programs is inadequate for
the construction of these priority projects, and no funding increases
are likely in the foreseeable future because of a significant state
budget shortfall, and;
WHEREAS, the 2002 General Assembly enacted, and the
Governor signed into law, legislation allowing a referendum to be
held in Hampton Roads communities on November 5, 2002, on the
question of whether an additional sales and use tax of one percent,
except on food and non-prescription drugs, shall be imposed in the
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communities of Hampton Roads, with the revenues from such increase
to be used solely for regional transportation projects and programs;
and
WHEREAS, the proposed sales tax increase represents an
opportunity for the communities of Hampton Roads to take immediate
action toward the constructmon of all such transportation projects,
with increased local involvement and accountability for project
design and construction; and
WHEREAS, the construction of such projects will improve
mobility, hurricane and other emergency evacuations, military
preparedness, economic development, and the overall quality of life
for the citizens of the city and Hampton Roads;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the voters of Virginia Beach are urged to participate
in our democratic process on November 5, 2002.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the voters are urged to vote "YES" on the November 5,
2002 referendum question of whether there shall be an increase in the
communities of Hampton Roads of one per cent in the sales and use
tax, with the revenues from such increase to be used solely for
regional transportation projects and programs.
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Adopted by the Council of the City of Virginia Beach,
Virginia, this 27th day of August , 2002.
CA-8594
wmm/ordres/transportationrefres, wpd
R-2
August 15, 2002
APPROVED AS TO CONTENT-
APPROVED AS TO LEGAL
SUFFICIENCY-
L:w~ Depar~meht
Item V-K. $.
RESOLUTIONS
- 35-
ITEM # 50069
Herb Jones, 2313 Sandptper Road, Phone, 721-1103, regtstered tn OPPOSITION.
Upon motton by Councdman Reeve, seconded by Councdman Schmtdt, Cay Councd ADOPTED:
Resolutton estabhshtng the Vtrgtnta Beach Transition Area Technical
Review Committee provwhngfor tts membership and responsibthttes
Vottng I 1-0 (By ConsenO
Councd Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, 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
None
August 27, 2002
A RESOLUTION ESTABLISHING THE
VIRGINIA BEACH TRANSITION AREA
TECHNICAL REVIEW COMMITTEE
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WHEREAS, the concept of a Transition Area located
immediately to the south of the Green Line has been in place in the
Comprehensive Plan since 1991; and
WHEREAS, the Comprehensive Plan states that the City
"must properly manage the Transition Area;" and
WHEREAS, it is the sense of the City Council that, in
order to best accomplish this goal, there should be appointed a
committee to study certain issues concerning the Transition Area,
as set forth hereinbelow; and
WHEREAS, it is likewise the sense of the City Council
that, in order to foster the most open, candid and thorough
discussion of such issues, and to provide the opportunity for
divergent views to be presented and considered, such committee
should be comprised of stakeholders in the Transition Area and
other citizens having diverse interests and views regarding the
management of the Transition Area; and
WHEREAS, the City Council is of the opinion that, in
furtherance of the aforesaid objectives, the committee should
consist of owners of property in the Transition Area, prospective
developers of property in the Transition Area, professionals in
fields such as planning and environmental engineering,
representatives of environmental organizations, and representatives
of City commissions responsible for advising the City Council on
matters involving the Transition Area, such as the Planning
Commission and Parks and Recreation Commission that the Transition
Area must be properly managed; and
WHEREAS, by including on the committee citizens having
divergent interests and views regarding the Transition Area, the
City Council intends and expects that the work of the committee
will fairly reflect the diversity which characterizes the City;
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby constitutes and establishes
the Virginia Beach Transition Area Technical Advisory Committee
(the "Committee").
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Committee shall consist of fourteen (14)
members, to be appointed by the City Council from among those
persons described hereinabove;
2. There shall be two City Councilmember liaisons to
the Committee, which liaisons shall be the Princess Anne District
representative and one at-large member of the City Council;
3. That the purpose of the Committee shall be to
recommend to the Planning Commission technical means of clarifying
the portion of the Comprehensive Plan concerning the Transition
Area, consistent with the views of the City Council expressed in
the City Council's workshop of August 20, 2002;
4. That the Committee shall be subject to the Virginia
Freedom of Information Act and the Virginia State and Local
Government Conflict of Interests Act;
5. That each member of the Committee shall file with
the City Clerk a written disclosure of all interests in real
property, including contractual interests, which he or she, or a
member of his or her immediate family, has in the Transition Area
and shall also disclose, in writing, the identity of all persons,
firms or entities having such interests in real property he or she
represents or to whom he or she provides services;
6. That the Committee shall complete its work and
transmit to the Planning Commission its wrztten recommendations,
which shall set forth detailed measures for implementing the City
Counczl's vision for the Transition Area, as soon as practicable,
but by no later than November 30, 2002, at which time the Committee
shall stand dzssolved.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on this 27th day of August , 2002.
CA-8598
wmm/ordres/t ransitionareacommitteeres, wpd
R-2
August 21, 2002
APPROVED AS TO LEGAL SUFFICIENCY'
La~ Depa~-tment L -~
- 36-
Item V-L.
PLANNING
ITEM # 50070
1. MARK and LESLIE ROSENSTOCK
(STUART N. DUFFEN, AIA)
NONCONFORMING USE
2. DAKOTA ASSOCIATES, LLC
STREET CLOSURE
3. CHARLES T. FLOYD T. AND IRVING N. DEARY CONDITIONAL USE PERMIT
4. RPA SALEM L YNNHA VEN LLC
CONDITIONAL CHANGE OF ZONING
5. DANNY MARTIN
CHANGE OF ZONING
August 27, 2002
-37-
Item V-L
PLANNING
ITEM # 500 71
Upon motton by Councdman Jones, seconded by Councdman Schmtdt, City Councd APPROVED IN
ONE MOTION Items 1, 2, 3, 4, and 5 of the PLANNING BY CONSENT
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R. Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W
Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
Mayor Meyera E Oberndorf
Councd Members Eure, McClanan and Wtlson voted a VERBAL NAY on Item 2
August 27, 2002
Item V-L. 1.
- 38-
PLANNING
ITEM # 50072
Upon motton by Councilman Jones, seconded by Councdman Schmtdt, City Counctl ADOPTED the
Resolutton authortztng the enlargement of a nonconformmg use to add square footage to the rear umt of
a duplex on the East stde of Beech Street, Cape Story By The Sea and Cape Henry Shores, at Admtral Drtve
tn the apphcatton of CURTIS E. and RttONDA L. BOWEN for the replacement of a noncon_formtng use
(extsttng barn, damaged by a falhng tree)
Apphcatton of Mark and Leshe Rosenstock for an enlargement tn a
nonconformmg use on the ast stde of Beech Sreet, 369.33feet south of
Admtral Drtve Satd parcel contatns 6, 900 square feet DISTRICT 5 -
L YNNHA VEN
The followtng condtttons shall be requtred
The additton shall be tn substanttal conformance with the
submttted stteplan and elevations entttled, "Remodel Rosenstock
Duplex" dated August 1, 2002 by Stuart N Duffen, AIA, Inc
Said plans are on file tn the City of Virginia Beach Plannmg
Department
2. The total wtdth of the drtveway shall not exceed thtrty-stx feet
(36~ at the rtght-of-way The wtdth may be contmuous or
chvtded tnto two secttons
Voting 10-0 (By Consent)
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Mandtgo, Jr, Jtm Reeve, Peter W
Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay'
None
Counctl Members Absent
Mayor Meyera E Oberndorf
August 27, 2002
A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A
NONCONFORMING DUPLEX DWELLING ON PROPERTY
LOCATED AT 2220 BEECH STREET, IN THE LYNNHAVEN
DISTRICT
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WHEREAS, Mark and Leslie Rosenstock (hereinafter the
"Applicants") have made application to the City Council for
authorization to enlarge a nonconforming duplex dwelling situated
on a certain lot or parcel of land having the address of 2220 Beech
Street, in the R-7.5 Residential District; and
WHEREAS, the said duplex dwelling is a nonconforming use,
in that duplex dwellings are no longer permitted in the R-7.5
Residential 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 is 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 duplex
dwelling is hereby authorized, upon the following conditions-
1. The addition shall be in substantial conformance
with the submztted site plan and elevations entitled "Remodel
Rosenstock Duplex" dated August 1, 2002, by Stuart N. Duffen, AIA,
Inc. Said plans are on file in the City of Virginia Beach Planning
Department.
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2. The total width of the driveway shall not exceed 36
feet at the right-of-way. The width may be continuous or divided
into two sections.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 27th day of August , 2002.
CA-8589
bkw/work/nonconrosenstock.wpd
R-1
August 9, 2002
APPROVED AS TO CONTENT'
p 1 anning~~~ ~-If~°~"
APPROVED AS TO LEGAL
SUFFICIENCY'~/~~/ ....
Department of Law
August 27, 2002
General Information:
REQUEST:
ADDRESS:
Enlargement of a Nonconforming Use
2220 Beech Street
Map H-2
r'-~op ho't, to ~co e
Gp~n 1590-40-8153
GPIN' 1590-40-8153
ELECTION
DISTRICT:
5 - LYNNHAVEN
SITE SIZE' 6,900 square feet
STAFF
PLANNER: Ashby Moss
PURPO~'"E'T~ The apphcant proposes to add 218 square feet to the back unit of
an ex~st~ng nonconforming duplex. The one-story budding is
currently 1,530 square feet or 765 square feet for each unit. The
duplex is nonconforming because ~t is located ~n the R-7.5
Res~denbal D~stnct, which does not allow duplexes.
Non-Conforming Use
MARK & LESLIE ROSENSTOCK
(STUART DUFFEN, AIA)
August 27, 2002
Page 1
Major Issues:
Ensuring that the proposed addition and alteration to the nonconforming
duplex structure ~s no more detrimental to the surrounding neighborhood and
~s as appropriate to the d~stnct as the ex~sbng structure.
Land Use, Zoning, and Site Characteristics:
Existinq Land Use and Zoning
Th~s property ~s developed with a one-story res~denbal duplex structure. The s~te ~s
zoned R-7.5 Residential D~stnct.
Surrounding Land Use and Zoning
Cape Story by the Sea ~s a predominately s~ngle-family residential neighborhood w~th
duplexes scattered throughout. The subject s~te and all surrounding properties are
zoned R-7.5 Residenbal D~stnct w~th Shore Dr~ve Overlay.
Zoninq History
The Cape Story by the Sea and Cape Henry Shores neighborhoods were rezoned on
October 11, 1965 from R-D2 Residence Duplex D~stnct to R-S4 Residence Suburban
D~strict. That rezon~ng request was brought forward by some of the residents of these
neighborhoods concerned with the construction of duplexes on the relatively small lots
(6,900 square feet) typical in these areas. When th~s change of zoning was approved,
the ex~st~ng duplexes became nonconforming. The duplex on the subject site was
constructed in 1950 before the C~ty Zoning Ordinance was adopted. Therefore, the
duplex ~s considered nonconforming.
Although all are not pictured on the attached Zoning H~story Map, at least three other
s~milar requests to enlarge nonconforming duplexes have been approved ~n these
neighborhoods. Just a few months ago on May 28, 2002, a duplex at 2254 Maple
Street north of the subject site was approved for a second story addition to one of the
un~ts The property at 2214 Bayberry Street, which is east of the subject site, was
approved for an enlargement April 14, 1998. Lastly, the property at 2221 Oak Street,
which ~s shown on the Zoning H~story map just east of the subject s~te, was approved
for an enlargement in 1993.
Air Installation Compatible Use Zone (AICUZ)
The s~te ~s ~n an AICUZ area of less than 65dB Ldn surrounding NAS Oceana.
Natural Resource and Physical Characteristics
The property has an ex~st~ng p~ne tree ~n the front and an existing hve oak tree towards
the back on the southern s~de. These trees wdl remain. The remaining landscaping on
the property will be removed and replaced w~th new landscaping.
Public Facilities and Services
Water and Sewer
Water:
There ~s a six-tach water ma~n in Beech Street fronting the
Non-Conforming Use
MARK & LESLIE ROSENSTOCK
(STUART DUFFEN, AIA)
August 27, 2002
Page 2
Sewer:
property. This duplex s~te has two exisbng 5/8-~nch meters that may
be used.
There ~s an e~ght-~nch sanitary sewer ma~n ~n Beech Street fronbng
the property. The s~te ~s already connected to C~ty sewer.
Transportation
Master Transportation Plan (MTP) / Capital Improvement Program (CIP):
Shore Drive in the v~cin~ty of this apphcabon ~s a major four lane urban artenal. The
MTP designates th~s roadway as a 150 foot dtv~ded right-of-way w~th a b~keway. No
~mprovements are scheduled for th~s porhon of Shore Dnve ~n the current adopted
ClP. Beech Street is a two lane local street and ~s not designated on the MTP.
Traffic Calculations:
Street Name Present Present caPacity Generated Traffic
Volume
Shore Dnve 10,808 17,300 ADT (Level of
ADT~ Service "C") Ex~stmg 12 ADT
Not Proposed no change
Beech Street available 6,200 ADT
Average Dady Tnps
Public Safety
Police:
Fire and
Rescue:
No comments.
Building permits must be obtained for all construcbon related to
th~s project. All fire protecbon requirements w~ll be ascertained
dunng the building permit review process. A Cerbflcate of
Occupancy must be obtained prior to occupancy.
Comprehensive Plan
The Comprehensive Plan Map designates this area as Medium and H~gh Density
Suburban Residential, with residential uses above 3.5 dwelling un~ts per acre. The
Comprehenswe Plan and Shore Dnve Corndor Plan recognize this corridor as a resort
gateway community. Both plans also recognize the dwers~ty of residential uses that
ex~st ~n this area, most of which resulted from the d~verse needs and desires of the
community. The proposed improvements are consistent w~th the community design and
aesthetic goals estabhshed ~n this area of the Shore Dnve Overlay D~stnct.
Summary of Proposal
The ex~stmg duplex ~s a 1,530 square foot one stow bnck structure w~th a hip
roof covered in asphalt shingles. The structure ~s d~v~ded so that equal s~zed
765 square foot un~ts are located at the front and back of the building.
The applicant proposes to add 218 square feet to the back unit of the duplex.
The additional space will allow for an extensive ~ntenor remodel of the back
unit. The remodel wdl accommodate the property owners' physically disabled
Non-Conforming Use
MARK & LESLIE ROSENSTOCK
(STUART DUFFEN, AIA)
August 27, 2002
Page 3
adult son who will live here as ~ndependently as possible. The front umt
remain unchanged.
The proposed structure meets all setbacks for the R-7.5 Residential Distnct.
The ex~st~ng parking area w~ll be redefined w~th concrete or paver block to
accommodate parking for four vehicles. The Trafhc Engineering Diwsion of
Public Works notes that ~n accordance w~th Public Works standards for
dnveways of duplexes, the driveway apron for the parking area must not
exceed 36 feet ~n w~dth ~n the public r~ght-of-way.
The apphcant has also submitted a detailed landscape plan for the entire
property. The landscaping w~ll upgrade the appearance of the s~te
s~gn~flcantly.
Evaluation of Request
Th~s request to enlarge an ex~st~ng duplex dwelhng ~s acceptable. Cape Story by the
Sea ~s predom~nately a single-famdy residential neighborhood w~th duplexes scattered
throughout. The duplex un~ts add variety and do not appear to detract from the
neighborhood.
The applicant is requesting to enlarge only one of the un,ts. The relatively small
expansion will not overpower the s~te or have a detr, mental effect on the neighborhood.
In addition to upgrading the mtenor and prowdmg more living space for one of the un,ts,
the extenor will be improved w~th new landscaping.
Pursuant to Sectton 105(e) of the C~ty Zoning Ordinance, a nonconforming structure
may be enlarged only if the C~ty Council finds that the proposed structure, as enlarged,
w~ll be "equally appropriate or more appropnate to the d~strict than is the ex~sting
nonconformity." Staff concludes that this proposed enlargement is reasonable, wtll have
a minimal ~mpact, and will be as appropriate to the d~strict as the ex~st~ng non-
conforming use. The request, therefore, ~s recommended for approval, subject to the
conditions below.
Conditions
1. The addition shall be in substantial conformance w~th the submitted s~te plan and
elevations entitled, "Remodel Rosenstock Duplex" dated August 1,2002 by
Stuart N. Duffen, AIA, Inc. Sa~d plans are on file ~n the City of V~rg~n~a Beach
Planning Department.
2. The total wtdth of the dnveway shall not exceed 36 feet at the nght-of-way. The
w~dth may be continuous or d~v~ded into two sections
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances. Plans
submitted with this application may require revision during
detailed site plan review to meet all applicable City Codes.
Non-Conforming Use
MARK & LESLIE ROSENSTOCK
(STUART DUFFEN, AIA)
August 27, 2002
Page 4
4?:3
&O,O0'~
/d I ~'Ob' 30" W 60.00'
~EECI-! 5TR££T (.50')
MARK
PH"/51CAL SUR'VE."/
OF
LOT
EAPE STORY ~"l TILE. SEA
PLffT
Z2ZO 'B~ECH STREET
VIRGINIA
FOR.
ROSENSTOCK ~. LESLIE I-I.ROSENTOt, K
Site Survey
Non-Conforming Use ,~¢,,~
MARK & LESLIE ROSENSTOCK
(STUART DUFFEN, AIA) ~o.~ ...... "~
August 27, 2002
Page 5
/
2~0 BdE¢t,I $1
<'-'
Proposed
Site Plan
Non-Conforming Use
MARK & LESLIE ROSENSTOCK
(STUART DUFFEN, AIA)
August 27, 2002
Page 6
ROSENS lOCK RESIDENCE
2220 BEECH STREET
VIRGINIA BEACH, VA 23451
' -m
/
Proposed
Landscape
Plan
Non-Conforming Use
MARK & LESLIE ROSENSTOCK
(STUART DUFFEN, AIA)
August 27, 2002
Page 7
t,., (.):q I-H ELEVA'. ION
W E'..~ 3 LLLVA rt(.~N
/
Proposed
Building
Elevations
Non-Conforming Use
MARK & LESLIE ROSENSTOCK
(STUART DUFFEN, AIA)
August 27, 2002
Page 8
Applicant's Name:
APPLICATION PAGE 4 OF 4
CHANGE IN NONCONFORMING USE
CITY OF VIRGIN~ BEACH
..
DISCLOSURE STATEMENT
Stuart N. Duffen, AIA, INC.
List All Current
Property Owners:
Mark Ro~enst. ock
Leslie Rosenstock
PROPERTY OWNER DISCLOSURE
If the property owner m a CORPORATION, hst all officers &the Corporation below (Attach hst tfnecessary)
n/a
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, hst
all members or partners m the orgamzation below (Attach hst if necessary)
n/a
Check here if the property owner m NOT a corporation, partnerstup, firm, or other umncorporated
orgamzatlon
If the applicant is not the current owner of the property, complete the Applicant Disclosure section below:
APPLICANT DISCLOSURE
If the apphcant m a CORPORATION, list all officers of the Corporation below (Attach hst tfnecessaryJ
Stuart N. Duffen, AIA
If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, hst all
members or partners m the orgamzat~on below (Attach bst ~fnecessary)
Check here ~f the applicant ~s NOT a corporauon, partnership, firm, or other umncorporated orgamzation
CERTIHCATION I certify that the information contained herein is true and accurate.
r .... ~Slg'natu~'
Stuart N. Duffen, AIA
Print Name
Non-Conforming Use
MARK & LESLIE ROSENSTOCK
(STUART DUFFEN, AIA)
August 27, 2002
Page 9
Map H-2
Iqa,O ~qot tO
Stuart N. Du
AIA
Gp~n 1590-40-8153
ZONING HISTORY
1. Enlargement of a nonconforming use Approved 9-28-93
- 39-
Item V-L.2.
PLANNING
ITEM # 50073
Upon motton by Councdman Jones, seconded by Counctlman Schmtdt, Ctty Counctl ADOPTED the
Or&nance upon apphcatton of DAKOTA ASSOCIATES, LLC, for &sconttnuance, closure and
abandonment re a portton of Joseph Place north of Mabel Lane to create a cul-de-sac
Apphcatton ofDakota Assoctates, LLC, for the &sconttnuance, closure
and abandonment ora portton of Joseph Place begtnntng lOO feet
more or less north of Mabel Lane, runntng a &stance of 67 63 feet
along the eastern property hne and running a &stance of 103 93feet
along the western property hne Satd parcel ts 50 06feet tn width and
contatns 3,604 68 square feet DISTRICT 6 - BEACH
The followtng con&ttons shah be requtred
1 The Ctty Attorney's Office wtll make the final determtnatton
regar&ng ownershtp of the underlytng fee The purchase prtce
to be pard to the Ctty shall be determtned accor&ng to the
"Pohcy Regar&ng Purchase of Ctty's Interest tn Streets
Pursuant to Street Closures, "approved by City Counctl Coptes
of the pohcy are avatlable tn the Planntng Department
The apphcant shall de&cate rtght-of-way and construct a cul-
de-sac tn heu of the extsttng through street A revtston to the
approved constructton plan (DSC Ftle #J06-519) shall be
submttted for revtew and approval by the Development Servtces
Center (DSC)
The apphcant shall resub&vtde the property and vacate internal
lot hnes to tncorporate the closed area tnto the adjotntngparcels
and de&cate the ad&ttonal rtght-of-way necessary to construct
the cul-de-sac Any pubhc utthty or drainage easements
necessary for the new development shall also be de&cated The
plat shall be submttted and approved for recordatton prtor to
final street closure approval
The apphcant shall vertfy that no prtvate utthttes extst wtthtn the
rtght-of-way proposed for closure Prehmtnary comments from
the utthty compantes tn&cate that there are no prtvate utthttes
wtthm the rtght-of-way proposed for closure If prtvate utthttes
do extst, easements sattsfactory to the utthty company shall be
provtded
Closure of the rtght-of-way shall be conttngent upon comphance
with the above stated con&ttons wtthtn 365 days of approval by
Ctty Counctl If the con&ttons noted above are not accomphshed
and the final plat ts not recorded wtthtn one year of the Ctty
Counctl vote to close the rtght-of-way this approval shall be
constdered null and votd
Vottng 7-3 (By ConsenO
Counctl Members Voting Aye
Louts R. Jones, Rtchard A Maddox, Vtce Mayor Robert C Man&go,
Jr, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva and James L
Wood
Counctl Members Voting Nay.
Margaret L Eure, Reba S McClanan and Rosemary Wtlson
Counctl Members Absent
Mayor Meyera E Oberndorf
August 27, 2002
ORDINANCE NO.
10
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14
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23
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IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS JOSEPH PLACE AS SHOWN ON
THAT CERTAIN MAP ENTITLED: "EXHIBIT "A"
SHOWING RIGHT OF WAY TO BE CLOSED" A COPY
OF WHICH IS ATTACHED HERETO AS EXHIBIT A.
WHEREAS, on August 27, 2002, Dakota Associates, LLC, a V~rg~nia limited liability
company (Name of Applicant) applied to the Council of the City of Virg~ma Beach, Virginia, to have
the hereinafter described street discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that smd street be discontinued, closed,
and vacated, subject to certain conditions having been met on or before August 26, 2003;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the
hereinafter described street be discontinued, closed and vacated, subject to certain conditions being
met on or before August 26, 2003:
All that certain piece or parcel of land situate, lying and being in the
City of Virginia Beach, Virginia, designated and described as
"AREA TO BE CLOSED 3,604 68 SQ. FT. (0.083 AC)" shown as
the cross-hatched area on that certain plat entitled' "EXHIBIT "A'
SHOWING RIGHT OF WAY TO BE CLOSED" acopy of which is
attached hereto as Exhibit A.
SECTION II
The following conditions must be met on or before August 26, 2003.
1. The City Attorney's Office will make the final determination regarding ownership
of the underlying fee. The purchase price to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by
City Council. Copies of said policy are available in the Planning Department.
2 The applicant shall dedicate right-of-way and construct a cul-de-sac in lieu of the
existing through street. A revision to the approved construction plan (DSC File # J06-519) shall be
submitted for review and approved by the Development Services Center (DSC).
3 3 GPIN 2407-69-1789, 2407-69-3852
34
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60
61
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66
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels and dedicate the addaional right-of-way
necessary to construct the cul-de-sac. Any public utdity or drainage easements necessary for the new
development shall also be dedicated. The plat shall be submitted and approved for recordation prior
to final street closure approval.
3. The applicant shall verify that no private utfliUes exist wahin the right-of-way
proposed for closure. Preliminary comments from the utility companies indicate that there are no
private utihties within the right-of-way proposed for closure If private utilities do exist, the
apphcant shall provide easements satisfactory to the utility companies.
4 Closure of the right-of-way shall be contingent upon compliance with the above
stated condiuons within 365 days of approval by City Council. If all condiuons noted above are not
accomplished and the final plat is not approved witNn one year of the City Council vote to close the
roadway, this approval will be considered null and void.
SECTION III
1. Ifthe preceding conditions are not fulfilled on or before August 26, 2003, this
Ordinance will be deemed null and vmd without further action by the City Council.
2. If all conditions are met on or before August 26, 2003, the date of final closure
is the date the street closure ordinance is recorded by the City Attorney.
SECTION IV
3. A certified copy of this Ordinance shall be filed in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virg~ma, and ~ndexed in the name of the CITY OF
VIRGINIA BEACH as "Grantor."
of August
Adopted by the Council of the Cay of Virginia Beach, %rgima, on this
,2002
CA-8514
July 26. 2002
C \Documents and Setnngs\bduke\Local Settlngs\Temp\ca8514 I wpd
27thday
APPROVED AS TO CONTENT
0
Planmng l~ppartment --
APPROVED AS TO LEGA/~~ICIENCY
City Atto~ey
LOT 9
BLOCK "H"
HILLTOP MANOR
75.00'
EXHIBIT 'A'
SHOWING RIGHT OF WAY
TO BE CLOSED
LOT 7
BLOCK "H"
HILLTOP MANOR
102.00'
247.47' TO
WOLFSNARE ROAD
JOSEPH PLACE
(50'R/W)
74.49'
AREA TO BE CLOSED
3,604.68 SQ.FT.
^c)
LOT 5
BLOCK "H"
HILLTOP MANOR
74.49'
LOT 4
BLOCK "H"
HILLTOP MANOR
,/
' \PROJECTS\Subdivisions\Joseph P]ace\24-8-OOexhib]ts dwg COPR 2002 BOUNDARY FIRST
SCALE 1"=25'
SCALE IN'FEET
~ 4
-_... . J ........ ~~ -'R~0.0~ ....... ---L~.~_._ ._ m .... -
~L=72.94~
AREA TO ~E CLOSED~. m
3,604.68 SQ.~.
,
~ ' ,
S85'48'30"[ I '
~ ~ ' ,,
cm~ OF VIRGIN~ B~CH
T~
SHOWING ~ OF
JOSEPH P~CE
TO BE CLOSED
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CITY OF VIRGINIA BEACH
TAX MAP ,~J~PROXIM~TE ,SC~
C'\PROdECTS\Subdivisions\doseph P]ace\TaxMap(street) dwg COPR 2002 BOUNDARY FIRST
Item V-L.3.
- 40-
PLANNING
ITEM # 50074
Upon motton by Counctlman Jones, seconded by Counctlman Schmtdt, Ctty Counctl ADOPTED the
Or&nance upon apphcatton of CHARLES T., FLOYD T. and IRVINGN. DEARY for a Con&ttonal Use
Permtt
ORDINANCE UPON APPLICATION OF CHARLES T DEARY,
FLOYD T DEARYAND IRVING N DEARYFORA CONDITIONAL
USE PERMIT FOR AN A UTOMA TED CAR WASH ADDITION TO
EXISTING FUEL SALES R080231045
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton of Charles T Deary, Floyd T Deary and
Irvtng N Deary for a Conchttonal Use Permtt for an automated car
wash addttton to extstmg fuel sales at the southeast corner of Laskm
Road and Ftrst Colomal Road (GPIN #2407-88-0621) Satd parcel ts
located at 1689 Lasktn Road and contatns 23,697 square feet
DISTRICT 5 - L YNNHA VEN
The followtng con&tions shall be requtred
The car wash shall substanttally adhere to the stte plan entttled
"Layout & Landscape Plan - Car Wash Addttton to Extsttng
BP/Amoco, 1689 Lasktn Road," dated March 29, 2002, and
prepared by Land Destgn and Development Inc A copy of thts
plan ts on file tn the Planntng Department The plan deptcts, but
ts not hmtted to, the addttton of streetscape landscaptng along
Lasktn and Ftrst Colontal Roads, tntertor landscaptng tn
conjunction with the proposed car wash, and the closure of the
two (2) extsttng tngress/egress potnts closest to the tntersectton
of Lasktn Road and Ftrst Colontal Road
The car wash butldtng shall substanttally adhere to the two (2)
submitted rendertngs entttled "BP Car Wash Addttton at 1689
Lasktn Road"prepared by Land Design and Development, Inc ,
dated March 27, 2002 Coptes of these rendertngs are on file tn
the Planntng Department
3 In accordance wtth Section 245(e)(2) of the ctty of Vtrgtnta
Beach Zomng Ordtnance, no vendtng machtnes shall be vtstble
from the pubhc rtghts-of-way, tncludtng the extsttng vendtng
machtnes on the property
The extertor of the proposed car wash buddtng shah be patnted
to match the color of the extsttng betge kiosk located under the
canopy
The extsttng non-conformtngfreestan&ng stgn shah be removed
and relocated outstde areas necessary for future tmprovements
to Lasktn Road and Ftrst Colontal Road All new stgnage shah
adhere to the requtrements set forth tn the Ctty Zontng
Or&nance for stgnage
No stgnage of any ktnd shall be tnstaHed on the wtndows or on
the facade of theproposed car wash structure No stgnage of any
ktnd shall be tnstalled on the poles supporttng the canopy or on
the hghttng poles located on the stte
Any proposed trash dumpster shah be screened by an enclosure
to be constructed of sphtface or embossed block tn the same
color as the car wash butldmg
August 27, 2002
- 41 -
Item V-L$.
PLANNING
ITEM # 50074 (Continued)
8 A zomng variance shall be obtained from the Board of Zontng
appeals to allow for a reduced setback of approxtmately 2 7feet
between the car wash butldtng and the nearest gas pump tnstead
of 55 feet as reqmred by the City Zomng Ordinance If the
vartance ts not granted, thts Condtttonal use Permit shall be null
and votd
Thts Ordinance shall be effecttve tn accordance wtth Sectton 107 09 of the Zoning Or&nance
Adopted by the Counctl of the Ctty of Vtrgtma Beach, Vtrgtnta, on the Twenty-seventh of August,
Thousand Two
Two
Voting 10-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vzce Mayor Robert C. Man&go, Jr, Jtm Reeve, Peter W
Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Item V-L. 4.
Mayor Meyera E Oberndorf
August 27, 2002
Item V-L. 4.
- 42 -
PLANNING
ITEM # 50075
Upon motton by Councdman Jones, seconded by Counctlman Schmtdt, Ctty Councd ADOPTED the
Ordmance upon apphcatton of RPA Salem Lynnhaven, LLC, fora Change of Zonmg District Classification
from R-5D Residential Duplex to Conditional B-2 Community Business
ORDINANCE UPON APPLICA TION OF RPA SALEM L YNNHA VEN,
LLC, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-5D TO CONDITIONAL B-2 Z0802124
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of RPA Salem Lynnhaven, LLC,
Apphcatton Change of Zoning Dtstrtct Classtficatton from R-SD
Residential Duplex to Conditional B-2 Commumty Business on the
East stde of Salem Road, 200feet more or less North of Lynnhaven
Parkway (GPIN #1475-85-4909) The proposed zontng classtficatton
change to Con&ttonal B-2 ts for commerctal land use The
Comprehenstve Plan recommends use of thts parcel for retatl, servtce,
office and other compattble uses wtthtn commerctal centers tn
accordance wtth other Plan pohctes Said parcel contatns 28, 677 72
square feet DISTRICT1 - CENTERVILLE
The followtng con&tton shall be requtred
1 An Agreement encompasstngproffers shall be recorded wtth the
Clerk of Ctrcutt Court
Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance
Adopted by the Counctl of the Ctty of Vtrginta Beach, Vtrgtnta, on the Twenty-seventh of August,
Thousand Two
Two
Voting 10-0 (By Consent)
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Mandtgo, Jr, Jtm Reeve, Peter W
Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
August 27, 2002
- 43 -
Item V-L. 5.
PLANNING
ITEM # 50076
Upon motton by Vice Mayor Man&go, seconded by Councdman Reeve, Ctty Counctl ADOPTED
ORDINANCE UPON APPLICATION OF DANNY MARTIN FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12
(SD) AND A-18 (SD) APARTMENTDISTRICTS TO A-18 WITHA PD-
H2 OVERLAY (SHORE DRIVE CORRIDOR OVERLAY
DISTRICT) Z080212 5
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton of Danny Marttn for a Change of Zoning
Dtstrtct Classtficatton from A-12 (SD) and A-18 (SD) Apartment
Dtstrtcts to A-18 wtth a PD-H2 Overlay (Shore Drtve Corrtdor
Overlay DtstrtcO on the East stde of Pleasure House Road, 150feet
South of N Greenwell Road (GPIN #1479-48-6524, #1479-48-7476,
#1479-48-7522) The proposed zomng classtficatton change to A-18
wtth a PD-H2 Overlay and a Shore Drtve Corrtdor Overlay Dtstrtct ts
for multtfamtly land use at a density no greater than 18 umts to the
acre The Comprehenstve Plan recommends use of thts parcel for
restdenttal uses at medtum and htgh denstttes that are compattble wtth
stngle famdy, townhouse and multtfamtly use tn accordance wtth other
Plan pohctes Satd parcel contains 1 acre DISTRICT 4 - BA YSIDE
The followtng conchttons shall be requtred
The property shall be developed substantially tn conformance
wtth the stte plan entttled "Rezotng Exhtbtt of Marttntque Cove ",
dated February 6, 2002 and prepared by Kellam-Gerwttz
Engtneertng, Inc Thts site plan has been presented to Ctty
Counctl and ts on file tn the Department of Planntng In
accordance wtth Sectton 1124 of the Ctty Zontng Ordtnance, the
plan "shall serve as a supplement to and, where they confltct, as
a replacement for, the zoning regulattons of the A-18 Apartment
District
The condomtntum untts shall be developed substanttally tn
conformance wtth the elevatton sketches and matertals hst dated
May 29, 2002 These elevatton sketches and matertals hst have
been presented to Ctty Counctl and are on file tn the Department
of Planmng The elevations and matertals shall be revtsed as
follows
3 Doorways shall be angled at 45 degrees as provtded on the stte
plan
Vtnyl Shake &ding shall be used on the front facade and the
second story of the stdes and rear of th~ first three (3) umts
closest to Pleasure House Road on both the North and South stde
of the development Vtnyl stdtng may be used on the first floor
around the stdes and rear of those untts A Frteze Board of a
complementary neutral color must be provtded at the hortzontal
hne of the change of matertal
5 Entryway columns shall be at least ten inch (10'9 squares.
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Or&nance
Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgmta, on the Twenty-seventh of August,
Thousand Two
Two
August 27, 2002
- 44-
Item V-L. 5.
PLANNING
ITEM # 50076 (Continued)
Vottng 10-0 (By ConsenO
Councd Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, ,Ir, dtm Reeve, Peter W
Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and .lames L Wood
Councd Members Vottng Nay
None
Councd Members Absent
Mayor Meyera E Oberndorf
August 27, 2002
- 45 -
Item V-M. 1.
APPOINTMENTS
ITEM # 50077
B Y CONSENSUS, Ctty Counctl RESCHEDULED thefollowtng APPOINTMENTS:
CHESAPEAKE BAY PRESER VA TION AREA BOARD
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HUMAN RIGHTS COMMISSION
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
REVIEW AND ALLOCATION COMMITTEE (COIG)
TOWING AD VISOR Y BOARD
VIRGINIA B EA CH/JAMES TO WN 2 O07 STEERING COMMITTEE
August 27, 2002
- 46-
Item V-M.2.
APPOINTMENTS
ITEM # 500 78
Upon NOMINATION by Vtce Mayor Man&go, Ctty Councd APPOINTED
Wayne D. McCoy
Unexpired term thru 12/31/02
plus 3 years - 12/31/05
CHESAPEAKE BAY PRESER VA TION A~A BOARD
Vottng l I-O
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, 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
Councd Members Vottng Nay'
None
Counctl Members Absent'
None
August 27, 2002
-47-
Item V-M.3.
APPOINTMENTS
ITEM # 500 79
Upon NOMINATION by Vtce Mayor Mandtgo, Ctty Counctl APPOINTED
Douglas D. Ellis
4 year term
9/1/02 - 8/31/06
DE VEL OPMENT AUTHORITY
Voting 11-0
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vice Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva,
Rosemary Wtlson and James L. Wood
Counctl Members Vottng Nay
None
Counctl Members Absent'
None
August 27, 2002
Item V-M. 4.
- 48-
APPOINTMENTS
ITEM # 50080
Upon NOMINATION by Vtce Mayor Man&go, Ctty CounctL Ctty Councd APPOINTED
Robert W. Hall
Unexpired term thru 2/28/05
PERSONNEL BOARD
Vottng 11-0
Councd Members Voting Aye
Margaret L. Eure, Louts R Jones, Reba S McClanan, 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 Vottng Nay
None
Counctl Members Absent
None
August 2 7, 2002
Item V-M. 5.
- 49-
APPOINTMENTS
ITEM # 50081
Upon NOMINATION by Vtce Mayor Man&go, Ctty Counctl REAPPOINTED
Michael C. Savvides
5 year term
10/1/02 - 9/30/07
WETLANDS BOARD
Vottng 11-0
Councd Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E
Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary
Wilson and James L Wood
Counctl Members Vottng Nay
None
Councd Members Absent
None
August 27, 2002
- 50-
ITEM # 50082
Mayor Meyera E Oberndorf entertatned a motton to permtt City Counctl to conduct tts CLOSED
SESSION, pursuant to Sectton 2 1-344(,4), Code of Vtrgtnta, as amended, for the followmg purpose
PUBLICL Y-HELD PROPERTY Dtscusston or constderatton of the
acqmsttton 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)
Rudee Loop ProJect
Acqutsttton of Property -Vtrgtnta Beach Dtstrtct
Vottng 11-0
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, 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 Vottng Nay
None
Counctl Members Absent
None
(6:50 P.M. - D28 P.M.)
August 2 7, 2002
- 51 -
ITEM # 50083
Mayor Meyera E Oberndorf, RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, August 27, 2002, at 7 28
PM
Upon motton by Vtce Mayor Man&go, seconded by Councdman Jones, City Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bus~ness matters lawfully exempted from Open Meeting
requtrements by Virgtma law were &scussed tn Closed Sesston to
which this certtficat~on resolution apphes,
AND,
Only such pubhc business matters as were identified tn the motion
convemng the Closed Sesston were heard, chscussed or considered by
V~rg~ma Beach Ctty Council
Vottng' 11-0
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, 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
Councd Members Absent
None
August 27, 2002
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded ~n ITEM # 50082, page 52, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711(.4) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted m conformity w~th V~rgmia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virgima law were discussed m Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Ruth Hodges Smith, MMC
C~ty Clerk
August 27, 2002
- 52 -
Item V-P.
AD JO URNMENT
ITEM # 50084
Mayor Meyera E Oberndorf DECLARED the City Councd Meeting ADJOURNED at 7:30 P.M.
Chtef Deputy Ctty Clerk
Robert C Man&go, Jr
Vice Mayor
~utty Clerk -
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
August 27, 2002
TOWNE BANK
A Tradmon ofHo~ru'rolam Bankm~
\Vax side Othce
4216 Xlr~nta Beach Blxd 5rote 180
~.,rg, n,, ~each ~ 23452 DATE August 27, 2002
PAY TO THE
ORDER OF Treasurer, Ci~ or Virginia Beach $ 40,000.00
003944
68 -8941514
DOLLARS
CASHIER'S CHECK
REMITTER Friends of Wcstcm Branch
Is'O0 ii q t, h"' ~:0 5 i hOG q t, q~_'
VOID 90 DAYS AFTER DATE OF ISSUE
0 a ii aO000 ~,8"'
Vlarine Resources Commission
;hington Avenue, Third Floor
News, Virginia, 23607
August 27, 2002
29
, DATE
68-490/514
65,000
~xty-Five Thousand ................ and no/lO0 ........................
DOLLARS
Citizens Bank '
)nd, Va 23218
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