SEPTEMBER 9, 2003 MINUTESCITY COUNCIL
MAYOR MEYERA E OBERNDORF, At-Large
I~ICE MAYOR LOUIS R JONES, Baystde -Dtstrtct 4
HARRY E DIEZ, EL, Kernpsvtlle -Dtstrtct 2
MARGARET L EURE, Centervdle -Dtstrtct 1
REBA S McCLANAN, Ro~e Hall - Dtgtrtct 3
RICHARD A MADDOX, Beach -Dtstrtct 6
JIM P~EF'E, Prmcess Anne -Dtstrtct 7
PETER W SCHMIDE At-Large
RON A VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L WOOD, Lynnhaven -Dtstrtct 5
JAMES K SPORE, Ctty Manager
LESLIE L LILLEY, Ctty Attorney
RUTH HODGES SMITH, MMC, Ctty Clerk
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
9 September 2003
('ID' HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE (757) 427-4303
FAX (75 7) 426-5669
E MAIL Ctycncl~vbgovcom
11
CITY COUNCIL BRIEFING
Performing Arts Theatre
Council Members Schmidt and Wood
- Conference Room -
1:00 PM
CITY MANAGER'S BRIEFINGS
Ao
Community Budget Meeting Proposal
Cathenne Whitesell - D~rector, Department of Management Services
VDOT Projects to be Administered by City-
Dean Block - Director, Department of Pubhc Works
III. REVIEW OF AGENDA ITEMS
IV. CITY COUNCIL COMMENTS
Vo
VI.
INFORMAL SESSION
A CALL TO ORDER- Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
FORMAL SESSION
- Conference Room-
- Council Chamber -
3:30 PM
6:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
A INVOCATION:
Reverend Merlin L. Miller, Pastor
Landstown Community Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL AND FORMAL SESSIONS
September 2, 2003
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARING
211 Agricultural Reserve Program (ARP) at 1865 Indian River Road
CONSENT AGENDA
J. ORDINANCES/RESOLUTION
31 Ordinance to AMEND and REORDAIN § 2-85 of the City Code re annual leave
32
Resolution to EXPRESS support re two (2) U.S. Department of Justice grant applications
for equipment needed in response to the use of weapons of mass destruction.
,
Virginia Department of Transportation (VDOT) re roadway capital projects, design work,
site acquisition and construction activities:
ao
Resolution for the C~ty to adm~mster ~mprovements to Princess Anne Road,
Kempsville Road, Witchduck Road Extended Phase II, Indian River Road Phase
VII and Elbow Road Extended Phase II
bo
Ordinance to APPROPRIATE $35,485,142 to the following roadway capital
projects:
0) Elbow Road Extended Phase II $5,307,085
(fi) Indian River Road Phase VII $9,349,000
(fii) Kempsville Road $467,057
0v) Princess Anne Road $19,648,000
(v) Witchduck Road Phase I $467,057
(vi) Witchduck Road Phase II $714,000
~4
Ordinance to AUTHORIZE the acquisition of Agricultural Land Preservation (ARP)
easement and the ISSUANCE by the C~ty of 1ts contract obligations re maximum pnnclpal
amount of $255,346 in behalf of John G. Jr. and Edward F. Cromwell
.
Ordinance to AUTHORIZE acquisition of property in fee s~mple a and temporary
construction easement from the Marshall Trust for the Maxey Manor pump station site at
Phillips Avenue and Laskln Road by agreement. (DISTRICT 5 - LYNNHAVEN)
o
Ordinance to ACCEPT and APPROPRIATE $28,041 from the Federal Emergency
Management Agency (FEMA) to the Fire Department's FY 2003-04 operating budget to
support All - Hazards Emergency Operations and increase federal reserves accordingly.
~5
Ordinance to APPROPRIATE $52,339 from Oyster Heritage Trust and $15,000
from Wetlands / Dunes Restoration funds to the Department of Planmng re constructing
oyster reefs, in the Lynnhaven River Watershed.
K. PLANNING
o
the
VARIANCES re §4.4(b)of the Subdivision Ordinance that all newly created lots meet all
reqmrements of the City Zomng Ordinance (CZO)
511
Application of JOHN M. STEWARD, JR., 4464 Lee Avenue
(DISTRICT 4- BAYS]DE)
512
Apphcation of H.A.V., INC. re the west s~de of Shoveller Avenue,
north of Mill Dam Road. (DISTRICT 5 - LYNNHAVEN)
Recommendation
APPROVAL
o
Application of VIRGINIA BEACH FREEWILL BAPTIST CHURCH for a
Condittonal Use Permtt for a child care center at 210 South W~tchduck Road.
(DISTRICT 2 - KEMPSVILLE)
Recommendation APPROVAL
.
Application of AVALON HILLS BIBLE CHURCH for a Condtttonal Use Permit re
church expansion at 5728 Indian River Road. (DISTRICT 1 - CENTERVILLE)
Recommendation
APPROVAL
Applications of KENNETH A. HALL FAMILY LTD. PARTNERSHIP at 3757 Bonney
Road: (DISTRICT 3 - ROSE HALL)
ao
Change ofZontng Dtstrtct Classtficatton from I-1 Light Industrial District to B-2.
Community Business District
b. Condtttonal Use Permtt for motor vehicle sales and service
Recommendation
APPROVAL
.
Applications of CH & B ASSOCIATES, LLP for Changes ofZomng Dtstrtct Classtficatton
from PD-H 1 Planned Development Housing: (DISTRICT 2 - KEMPSVILLE)
to Conditional A-12 Apartment District and Conditional P-1 Preservation District
with PD-H2 Overlays on the southeast comer of South Independence Boulevard and
South Plaza Trail.
bo
and R-7.5 Residential District to Conditional B-2 Community Business D~stnct on
the northwest comer of South Plaza Trail and Pnncess Anne Road
to Con&tional 0-2 Office District on the southwest comer of South Independence
Boulevard and South Plaza Trail
Recommendation
APPROVAL
o
Application of KEMPSHIRE ENTERPRISES, L.L.C. for a Modtficatton to the
Timberlake PD-H1 Land Use Plan for property located on the southeast comer of South
Independence Boulevard and SilverleafDnve. (DISTRICT 2 - KEMPSVILLE)
.
Recommendation
APPROVAL
Application of CHESTER EHRENZELLAR for a Change ofZontng Dtstrtct Classtficaaon
from PD-H1 Planned Unit Development District to R-5D Residential Duplex District at
1961 Mill Creek Drive. (DISTRICT 7 - PRINCESS ANNE)
Recommendation
APPROVAL
.
Apphcatlon of BERKSHIRE-HUDSON CAPITAL XI, LLC for a Change of Zontng
District Classification from 0-2 Office and R-5D Residential Duplex District to Cond~tmnal
B-2 Community Business District on the northeast comer of Salem Road and South
Independence Boulevard. (DISTRICT 1 - CENTERVILLE)
Recommendation
APPROVAL
9. Ordinances to AMEND of the City Zoning Ordinance (CZO):
a. § 905 re sign regulations in the B-3A Pembroke Central Business Core D~strict
bo
§ 401 re farm stands as accessory uses in the AG-1 and AG-2 Agricultural Zoning
D~stncts.
Recommendation
APPROVAL
L APPOINTMENTS
AGRICULTURE ADVISORY COMMISSION
MINORITY BUSINESS COUNCIL
PARKS AND RECREATION COMMISSION
TIDEWATER REGIONAL GROUP HOME COMMISSION
WETLANDS BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
Agenda 09/09/03 blb
www.vbgov.com
If you are physically disabled or visually impaired
and need assistance at this mcctxng,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
OUR
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
9 September 2003
Mayor Meyera E Oberndorf called to order the City Counctl Briefing re PERFORMING ARTS
THEATRE, tn the Ctty Counctl Conference Room, City Hall, on Tuesday, September 9, 2003, at 1 O0 P M
Counctl Members Present
Harry E Dtezel, Vice Mayor Louts R Jones, Reba S McClanan,
Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter
W Schmtdt, Rosemary Wtlson and James L Wood
Councd Members Absent
Margaret L. Eure
Ron A Vdlanueva
[Entered 1 20 P M]
[Faintly Vacatton]
-2-
CITY COUNCIL BRIEFING
PERFORMING ARTS THEATRE
1:00 P.M.
ITEM # 51640
Counctl Members Wood and Schmtdt, Liaisons to the Performing Arts Theatre, referenced thetr
correspondence to Ctty Counctl, dated September 5, 2003, and the five (5) key dectstons relattve the
Performtng Arts Theatre
Councilman Wood, through a sertes of meettngs wtth the School Board representatives, the Ctty Manager,
Martha "Marcy" &ms, Dtrector of Pubhc Ltbrartes, and staff, five (5) key development decisions were
derived
Use of the Public Private Education Facilities and Infrastructure
Act (PPEA)
Determination of the Theatre location within Town Center
Inclusion of the Virginia Beach City Public Schools Performing Arts
Academy
Agreement on available funding package
Finalization of the public participation component with the
appointment of members to the Performing Arts Theatre
Advisory Committee
Counctl Members Schmtdt and Wood support the staff commtttee analysts that recommends the rejectton
of the unsohctted PPEA proposal (s) submitted by the Armada/Hoffler Development Company If meaningful
ctttzen and stakeholder involvement tn the proJect ts destred, thts approach wtll etther ctrcumvent that
element or add to the ttme hne suggested tn theproposat if stakeholder involvement ts reahsttcally tncluded
Relattve the Theatre locatton, Counctlman Schmtdt advised the most flextble locatton for the theatre ts Block
6, Town Center The acqutsttton of the Gahotos portton of Block 6 was for pubhc purposes and has only
hmtted prtvate development potenttal
Counctlman Wood referenced the tncluston of the Performtng Arts Academy Counctl Members Schmtdt
and Wood's concluston on the questton of whether or not tt ts destrable or even posstble to strtve for the
equahzatton of the finest Performtng Arts Academy tn the Commonwealth at Town Center ts that the questton
ts premature A dectston does not need to be made now The recommended approach wouM be to request
the sohctted PPEA proposals be structured to provide for the base theatre and an alternate that would
~nclude the Performtng Arts Academy When the proposals are recetved, the proposed concepts and
esttmated costs can be evaluated to provide a much more informed dectston
Councilman Schmtdt stated that to proceed responstbly, tt ts prudent to prehmtnartly outhne a potenttal
fundtng package that tncludes a mtx of sources to accomphsh any reasonable chrectton the Ctty Council
would eventually dectde upon
September 9, 2003
-3-
CITY COUNCIL BRIEFING
PERFORMING ARTS THEATRE
ITEM # 51640 (Continued)
As City Council has previously discussed, various funding sources can be mixed to provide adequate dollars
to accomplish the theatre project. These sources include the previously budgeted $3 5-MILLION in General
Fund monies, potential naming rights, a major community fund raising campaign, a facility.[be (seat charge)
and the additional capacity created by the historically low interest rates. Today the bond sale will be
compiled and there will be a better picture of debt capacity under current revenue rates. By utilizing a
solicited PPEA methodology, the financial advantages of the competitive market can be utilized, creative
solutions maximized, perhaps incorporate private revenue generating options suggested by the private sector
and achieve a not-to-exceed-price for the project.
Councilman Wood advised it is important to involve the public and stakeholders in this project. Council
Members Wood and Schmidt suggest proceeding immediately with the appointments to fill the positions in
the Performing Arts Theatre Advisory Committee which City Council created in February. The Committee
can work with staff on the project plan and evaluation of PPEA proposals to bring forward the best possible
project. Council Members Schmidt and Wood suggested the Advisory Committee move forward with the
development o fa fund raising plan once the process for acceptance of solicited PPEA proposals is complete.
Councilman Schmidt summarized the recommendations:
Rejection of the unsolicited PPEA proposal
Use of a solicited PPEA process
Tentative selection of Block 6 as the Theatre site
Deferral of the Academy decision and request proposals
to offer alternatives for such a facility
Appointment of members to the Theatre Advisory Committee
B Y CONSENSUS, the majority of City Council supported all five (5) recommendations.
Mayor Oberndorf concurred, with reservations relative the Performing Arts Academy and the School's
participation so long as she has the right to say "No" to this portion if the Schools do not participate.
Council Lady McClanan prefers the Performing Arts Academy (School portion) not be included.
Council Lady Eure concurred with reservations relative funding.
September 9, 2003
-4-
CITY MANA GER'S BRIEFING
COMMUNITY MEETING BUDGET PROPOSAL
1:50 P.M.
ITEM # 51641
The Ctty Manager, advised thts Brtefing responds to Ctty Councd 's request relattvepresentmg the Operatton
Budget tn a dtfferent manner to provtde better communtcatton to the pubhc and interested organtzattons
before the proposed budget was dehvered to Ctty Counctl
Cahteryn Whttesell, Director of Management Servtces, referenced
Proposed Resource Management Plan (RMP) Timeline
September 8 Capital Improvement Plan Process begtns
October 3 Operatmg Budget Process Begtns
October 16, 20, or 23
Communtty Budget Meettng
(The 20th tS VML and not apphcable)
October 28
Capital Improvement Process Brtefing to Ctty Counctl
October 30
Pubhc Heartng
November 18
Five Year Forecast Brtefing to
Vtrgtma Beach Ctty Counctl and School Board
March 30
Proposed Resource Management Plan presented
to Ctty Councd
Aprtl WORKSHOPS
May 11
Resource Management Plan Adoptton by Ctty Counctl
How We Currently Get Public Input
Pubhc Heartngs at the end of the budget Process
Councd Pubhc Heartngs on spectfic toptcs
Department meettngs wtth communtty on spectfic toptcs
Boards, Commtsstons and Task Forces
Watttng Ltsts for Servtces
Letters to the Edttor regarding servtces
Staff presentations at Communtty Group Meetmgs
September 9, 2003
-5-
CITY MANA GER'S BRIEFING
COMMUNITY MEETING BUDGET PROPOSAL
ITEM It 51641 (Continued)
What's being Proposed
Community Budget Meeting
Town Meettng
Communtty Conversatton Format
Early Public Hearing
Ctttzen Input early tn the process
Adds to the tnput recetved at the
Community budget meting
Input from those not parttctpattng tn the
Commumty Budget Meettng
Commumty Budget Meettng
110 ctttzens
Respondents to Cmzen Survey
Open mvttatton to the General Pubhc
October lith, 2ffn, 23ra
Facthtated small groups
4 or 5 most important issues for FY 05
Resource Management Plan
4 or 5 ways to fund these Issues
Parttctpatton by Counctl Members
Use local personahty as Master of Ceremontes
Ms Whttesell referenced the Dectston Potnts
Do we want to do this
How do we select the ctttzens
On what date would you hke to hold the meettng
October 16
October 20
October 23
Are the proposed questtons the ones you want to use
4 or 5 most important issues for FY 05 RMP
4 or 5 ways to fund these tssues
Relattve parttctpatton wtth 110 ctttzens, thts ts a manageable number and about as large a group as can be
accommodated at the vartous high schools These ctttzen meettngs have always been well attended If
parttctpants tn the ctttzen survey have tndtcated an mterest re attendtng , mvttattons would be tssued to them
If only a certain number of these ctttzens could attend, then the remainder to reach the total of110 ctttzens
would be comptled from the rematnder of the communtty The advantage of Community Conversations ts
the "one on one" chalogue exchange, not just wtth the City Counctl Member and ctttzens, but between the
ctttzens wtth each other tn trytng to determtne a level of prtortty
September 9, 2003
-6-
CITY M/INA GER'S BRIEFING
COMMUNITY MEETING BUDGET PR OPOS/IL
ITEM # 51641 (Continued)
Councdman Maddox referenced the utthzatton of e-mad concermng the Operattng Budget It ts not so easy
for citizens to leave their homes at mght to attend Pubhc Hearings Mrs Whttesell has discussed with
COMITrelattve provt&ng a Web based Pubhc Heartngformat The ctttzen survey ts a very good example
of all tncome levels and demographtcs of the commumty at large
Counctl Lady McClanan complimented the Commumty Conversattons concept, but that they are hmtted as
to the number of younger people and various ethmc groups The older and rettred ctttzens are more hkely
to have ttme to share thetr optntons Mrs Whttesell advtsed all members have tnput capabtltttes, all thoughts
and &scusston points are captured by a recorder at each table A report to Ctty Counctl ts furmshed at the
culmtnatton of the Conversations
The first Commumty Conversatton entatled tnvttattons to ctttzens (tdenttfied by each Ctty Counctl Member)
for a total of 110 The second Commumty Conversatton was an tnvttatton to all the Boards and
Commtsstons The thtrd Communtty Conversatton was a combtnatton of the Ctty Councd Members
exten&ng tnvttattons and an ad tn the newspaper Thts entatled a 50/50 spht
Councd Lady Eure would also hke a link to the Internet, postng these two (2) questtons
4 or 5 most important issues for FY 05 Resource Management Plan (RMP)
4 or 5 ways to fund these issues
For educational purposes, basic tnformatton relative funding could be provided for three major projects
(Conventton Center, 19th Street Corrtdor, Town Center)
Mrs Whttesell beheves a combtnatton City Page advtstng of the Webstte locatton and a form which the
citizens could complete re their optntons and forward to the Ctty Counctl Lady Eure advtsed the notatton
could be added 'f you do not have Internet access, tt ts avatlable at the Pubhc Ltbrartes"
Mayor Oberndorf expressed apprectatton and advtsed the tnternet capabthttes would be an asset to the
ctttzenry and thetr representative Ctvtc leagues Mayor Oberndorf advtsed the Ctty ts united and dectstons
are best addressed on the good of the whole populatton, not just on spectfic populattons
Because of the Vtrgtma Municipal League Conference, October 20, 2003, will not be considered as a
Communtty Conversatton meettng
Ms. Whttesell wdl advise confirmation of Schools for these Commumty Conversattons
Relattve Counctlman Reeve's concern re e-streamtng the Communtty Conversattons, these sesstons could
be videotaped, but will contact video services to determine ire-streaming ts possible Council Lady Wilson
advtsed the Ctty contracts for e-streamtng Mrs. Whttesell wtll determtne thts cost
BY CONSENSUS, Commumty Conversattons and a hnk to the Internet wtll be uttltzed
Ms Whttesell advised summarized tnformatton will be provided to the attendees concerntng the Resource
Management Plan Letters wtll be forwardtng acknowledgtng thetr attendance
September 9, 2003
-7-
CITY MANAGER'S BRIEFING
VDOT PROJECTS TO BE ADMINISTERED BY THE CITY
2:20 P.M.
ITEM # 51642
The City Manager advtsed the Ctty has requested, and VDOT has approved, the admtmstratton by the City
of the destgn, stte acqutsttton and constructton of the referenced projects Elbow Road Extended Phase II,
Indian River Road Phase VII, Kempsville Road, Princess Anne Road, Witchduck Road Phase I, and
Witchduck Road Phase II. Thts tntttattve wtll allow the Ctty to dtrectly and more effecttvely coordtnate,
manage and provtde resolution of proJects issues to resume destgn acttvtty It ts anttctpated that nottces
to proceed wtth destgn for the five proJects wtll be tssued tn the Fall of 2003 Subsequent State budget
shortfalls tn transportatton funchng caused VDOT to cancel various contracts for engtneertng servtces and
tnstead endeavor to perform engmeertng destgn functtons "m-house ", thereby taxtng extsttng avatlable
resources
Mr Block Dtrector of Pubhc Works, advtsed the City ts requesting approval of the ProJect Agreement and
Approprtatton Ordtnance
Resolutton for the City to admtmster tmprovements to Prtncess Anne
Road, Kempsvtlle Road, Wttchduck Road Extended Phase II, In&an
Rtver Road Phase VII and Elbow Road Extended Phase II
Ordinance to APPROPRIATE $35, 485,142 to the followmg road
way capttal proJects
(1) Elbow Road Extended Phase II $ 5,307, 085
(2) In&an River Road Phase VII $ 9, 349, 000
(3) Kempsvtlle Road $ 467,057
(4) Prtncess Anne Road $19,648,000
(5) Wttchduck Road Phase I $ 467,057
(6) Wttchduck Road Phase II $ 714, 000
All of the projects are currently tn the Capttal lmprovement Program This ts not the first time the City has
admtntstrated VDOTprojects t e Independence Boulevard tn the Haygood area Thts is part of an effort to
ulttmately manage all projects locally
Htstory of thts Request
March 21
Aprd 10
August 1
August 26
September 9
Ctty Counctl advtsed of tntent to admtntster five (5) projects
Vtrgtnta Department of Transportatton (VDOT) agrees
VDOT/Ctty complete terms of ProJect Admtntstratton
Agreement, tdenttfied avatlable fundtng
Pubhc Heartng held (No speakers)
Agenda for Ctty Counctl constderatton
Executton of ProJect Agreement
Approprtatton of State Funds
September 9, 2003
-8-
CITY MANA GER'S BRIEFING
VDOT PROJECTS TO BE ADMINISTERED B Y THE CITY
ITEM ii 51642 (Continued)
Mr Block detatled the Project overview'
Princess Anne Road/Kempsville Road Intersection Improvements CIP 20048
Reahgnment of extsttng at-grade tntersectton wtth stx lanes
Ctttzen Informatton meettng hem January 2002
City Council adoption of Ctttzen Advisory Commtttee's preferred
ahgnment tn Aprt12002
Destgn approxtmately 25% complete
Continuing CA C tnvolvement
Majorproject acttvtties funded tn current VDOT&x-year lmprovement
Plan Destgn, Acqutsttton and Constructton
Witchduck Road Phase I CIP 2-931
&x-lane divided roadway from Prtncess Anne Road to 1-264,
approxtmately 0 7 mtles
Major project acttvtties funded tn current I/DOT &x~ Year
Improvement Plan. Design and Partial Acqmsttton
Witchduck Road Phase H ClP 2-025
&x-lane chvtded roadway from 1-264 to I/trgmta Beach Boulevard,
approxtmately 0 7 mtles
Major project acttvtttes funded tn current I/DOT &x- Year
Improvement Plan Design and Parttal Acqutsttton
Elbow Road Extended - Phase H CIP -152
Four-lane dtvtded roadway from In&an Rtver Road to Dam Neck Road
(at Amphttheater), approxtmately 3 0 mtles
Major project acttvtttes funded tn current VDOT &x- Year
Improvement Plan Destgn and Acqutsttton
September 9, 2003
-9-
CITY MANAGER'S BRIEFING
VDOT PROJECTS TO BE ADMINISTERED B Y THE CITY
ITEM ii 51642 (Continued)
Indian River Road Phase VII CIP 2-256
Four-lane dtvtded roadway from Lynnhaven Parkway to Elbow Road
Extended project, approximately 2 2 mtles
Major project acttvtttes funded tn current VDOT &x- Year
Improvement Plan Design and Acqutsttton
Funding Summary
Total Estimated ProJect Costs $ 140 8-MILLION
Requested approprtatton of State $ 35 5-MILLION
Balance of State Approprtattons for Years 2-6 $ 34 5-MILLION
Reqmred Future Fundmg Beyond Current 6year Plan $ 70 8-MILLION
Benefits
Directly and more effecttvely coor&nate, manage and provtde
resolutton of proJect tssues tn a ttmely manner
Greater flexibthty
Possible acceleratton of project schedules and potenttal savmgs
Control our own destiny
Mr Block advtsed ad&ttonal City staff has not been requested Ctty Staff has conducted ttme stu&es
Relattve a VDOT admtntstered project, the Ctty expends approxtmately as much ttme on thtese projects Mr
Block did not belteve the additional time for the project manager would be that much greater
Mayor Oberndorf referenced relattve the State clostng the toll road, now named 1-264 There are substanttal
funds tn an accumulated account VDOT ts supposedly savtng these funds for the tmprovement of this road
September 9, 2003
-10-
CITY MANA GER'S BRIEFING
VDOT PROJECTS TO BE ADMINISTERED B Y THE CITY
ITEM # 51642 (Continued)
Robert Matthtas, Assistant to the City Manager, advised there ts approximately $I 1 5-MILLION tn the toll
account for resurfactng I-264, when necessary The road does not need resurfactng at thepresent ttme The
funds are still there, however, these funds are not earning tnterest as they are tn the General Fund These
funds were earning tnterest when establtshed as a Toll Fund project
Counctl Lady McClanan DISCLOSED and ABSTAINED pursuant to the State and Local Government
Conflict of Interest Act regarding City Council's discussion and vote on the proposed Amendment to the FY
2004 Capttal Budget that would transfer admtntstratton of and fundtngfor, five roadway projects, tncludtng
the Princess Anne/Kempsvtlle Intersection Project, from the Vtrgtnta Department of Transportatton to the
Ctty Council Lady McClanan and her husband have an ownershtp tnterest tn Kempsvtlle Professtonal
Center, Inc , and that corporatton owns property that ts located at 425 South Wttchduck Road, near the
tntersectton of Kempsvtlle Road and Prtncess Anne Road Counctl Lady McClanan's letter of August 26,
2003, ts hereby made a part of the record
September 9, 2003
-11-
AGENDA RE VIE ~Y SESSION
2:55 P.M.
ITEM # 51643
Ordtnance to AMEND and REORDAIN § 2-85 of the Ctty
Code re annual leave
Counctl Lady McClanan expressed concern and advised she wtll vote NAY on this ttem The Ctty Manager
advtsed current City Code provtstons authortze a maxtmum accumulatton of four hundred (400) hours of
annual leave at any year end for full time employees, without regard to the employee's hourly workweek
or rate of annual leave accumulatton and use Four hundred (400) hours of annual leave accumulation
equals ten (1 O) weeks of paid leave for a forty (40) our workweek employee, but only approximately seven
(7) weeks of paid leave for a fifty-six (56) hour workweek employee Thts ordtnance bastcally effects the
Ftre Department employees and would allow fifty-stx (56) hour workweek employees to accumulate the
equtvalent of ten (1 O) weeks of annual leave
Regtna Htlhard, Human Resources, advtsed there ts a schedule tn the Fatr Labor Standards Act (FLSA),
whtch allows dtfferent earnings based upon hours worked per week. The Ctty ts tn strtct comphance wtth
the FLSA
ITEM # 51644
J.3.
Virginia Department of Transportation (VDOT) re
roadway capttal projects, destgn work, site acqmsttton
and construction activities
Resolution for the City to administer improvements to
Princess Anne Road, Kempsvdle Road, Wttchduck Road
Extended Phase II, In&an River Road Phase VII and
Elbow Road Extended Phase II
b Ordinance to APPROPRIATE $35,485,142 to the
following roadway capttal projects
(I) Elbow Road Extended Phase II
(2) In&an Rtver Road Phase VII
(3) Kempsvdle Road
(4) Princess Anne Road
(5) Wttchduck Road Phase I
(6) Wttchduck Road Phase II
$ 5,307,085
$ 9,349,000
$ 467,057
$19,648,000
$ 467,057
$ 714,000
Counctl Lady McClanan DISCLOSED and will ABSTAIN Pursuant to the State and Local Government
Confltct of lnterest Act regarding Ctty Counctl's chscusston and vote on the proposed Amendment to the FY
2004 Capttal Budget that would transfer admtntstratton of, and fundtngfor, five roadwayprojects, tncludtng
the Princess Anne/Kempsvtlle Intersection project, from the Vtrgtnta Department of Transportation to the
Ctty Counctl Lady McClanan and her husband have an ownershtp mterest tn Kempsvtlle Professional
Center, Inc , and that corporatton owns property that ts located at 425 South Wttchduck Road, near the
tntersectton of Kempsvtlle Road and Princess Anne Road Council Lady McClanan 's letter of August 26,
2003, ts hereby made a part of the record
September 9, 2003
- 12-
AGENDA RE VIE W SESSION
ITEM # 51645
,14
Or&nance to AUTHORIZE the acqutsttton of
Agricultural LandPreservation (ARP) easement and the
ISSUANCE by the Ctty of tts contract obhgattons re
maximum prmctpal amount of $255, 346 tn behalf of ,1ohn
G ,Ir and Edward F. Cromwell
Counctl Lady McClanan wtH vote NAY on thts ttem
ITEM # 51646
BY CONSENSUS, the following shah compose the CONSENTAGENDA:
,11
J2
,14
Ordtnance to AMEND and REORDAIN § 2-85 of the Cay
Code re annual leave
Resolutton to EXPRESS support re two (2) U.S.
Department of Justice grant apphcattons for eqmpment
needed tn response to the use of weapons of mass
destruction
Virginia Department of Transportation (VDOT) re
roadway capttal projects, destgn work, stte acqmsttton
and construction acttvtttes
Resolutton for the City to admtntster tmprovements to
Prtncess Anne Road, Kempsvtlle Road, Wttchduck Road
Extended Phase II, Inchan Rtver Road Phase VII and
Elbow Road Extended Phase II
Ordtnance to APPROPRIATE $35,485,142 to the
followtng roadway capttal projects
(1) Elbow Road Extended Phase II
(2) In&an Rtver Road Phase VII
(3) Kempsvtlle Road
(4) Prtncess Anne Road
(5) Wttchduck Road Phase I
(6) Wttchduck Road Phase II
$ 5,307,085
$ 9,349,000
$ 467,057
$19,648,000
$ 467,057
$ 714,000
Or&nance to AUTHORIZE the acqutsttton of
Agricultural Land Preservation (ARP) easement and the
ISSUANCE by the Ctty of tts contract obhgattons re
maxtmum prmctpal amount of $255,346 tn behalf o f John
G Jr and Edward F Cromwell
September 9, 2003
-13-
AGENDA RE VIEW SESSION
ITEM # 51646 (Continued)
,I5
.I6
.17
Or&nance to AUTHORIZE acqutsttton of property tn fee
stmple and a temporary construction easement from the
Marshall Trust for the Maxey Manor pump statton stte at
Phtlhps Avenue and Lasktn Road by agreement
(DISTRICT 5 - L YNNHA VEN)
Or&nance to ACCEPT and APPROPRIATE $28,041
from the Federal Emergency Management Agency
(FEMA) to the Ftre Department's FY 2003-04 operattng
budget to support All - Hazards Emergency Operations
and tncrease federal reserves accordtngly
Or&nance to APPROPRIATE $52,339 from Oyster
Herttage Trust and $15,000 from Wetlands /Dunes
Restoration funds to the Department of Planntng re
constructtng oyster reefs, tn the Lynnhaven River
Watershed
Counctl Lady McClanan wdl vote NAY on Item .1 1
Councd Lady McClanan wtll ABSTAIN on Item 3a/b
Counctl Lady McClanan wtll vote NAY on Item J. 4
September 9, 2003
-14-
AGENDA RE VIEW SESSION
ITEM # 5164 7
K1
VARIANCE re 3~4 4(b)of the Subdtvtston Ordtnance that
aH newly created lots meet aH the requtrements of the Ctty
Zoning Ordinance (CZO)
Apphcatton of JOHN M. STEWARD, JR., 4464 Lee
Avenue to &vide the parcel tn such a way as to put the
extsttng stngle-famtly and garage apartment on separate
parcels (DISTRICT 4 - BA YSIDE)
Vtce Mayor Jones advtsed contacts from concerned ctttzens The vote of the Planmng Commtsston was 7-4
Thts ttem shah be chscussed durtng the Formal Sesston
ITEM # 51648
K5
Apphcattons of CH & B ASSOCIATES, LLP for Changes
o_f Zomng District Classification from PD-H 1 Planned
Development Houstng (DISTRICT 2 - KEMPSVILLE),
to Conditional A-12 Apartment Dtstrtct and Condtttonal
P-1 Preservatton Dtstrtct wtth PD-H2 Overlaps on the
southeast corner of South Independence Boulevard and
South Plaza Tratl
and R-7.5 Residential Dtstrict to Condtttonal B-2
Communt_ty Bustness Dtstrtct on the northwest corner of
South Plaza Trad and Prtncess Anne Road
to Con&ttonal 0-2 Office Dtstrtct on the southwest corner
of South Independence Boulevard and South Plaza Tratl
Counctlman Dtezel referenced the posttton of some of the Ctvtc Leagues Councd Lady Eure referenced the
correspondence from James Lamb, contatned wtthtn the Ctty Councd Agenda and tnqutred tf there has been
a response to hts tnqutrtes
Stephen I~'htte, Planmng, advtsed Carolyn A. K Smtth, Land Use Planner, contacted Mr. Lamb and
responded All his issues have been resolved
Thts ttem wtH be chscussed durtng the Formal Sesston
September 9, 2003
- 15-
AGENDA RE VIEW SESSION
ITEM # 51649
BERKSHIRE-HUDSON CAPITAL XI, LLC for a
Change of Zontng Dtstrtct Classtficatton from 0-2 Office
and R-SD Restdenttal Duplex Dtstrtct to Condtttonal B-2
Communtty Bustness Dtstrtct on the northeast corner of
Salem Road and South Independence Boulevard
(msrmcr -
Councd Lady Eure chstrtbuted information relative standard conchttons that are usually recommended to
address issues of fencing, stgnage, balloons and streamers As this apphcatton ts a proffered change of
zontng, however, stnce thts ts a proffered Condtttonal Zomng, these condtttons cannot be added wtthout
returntng the apphcatton to the Planntng Commtsston Councd Lady Eure has contacted Attorney Nutter,
and ts anttctpattng the apphcant wtll agree to the conchttons under stte plan revtew Satd tnformatton ts
hereby made a part of the record
Vtce Mayor Jones wtll DISCLOSE andABSTAINpursuant to Sectton 2 2-3115(E), Code of Vtrgtnta, re Ctty
Counctl's chscusston and vote of the appltcatton submttted by Berkshtre-Hudson Capttal XI, LLC
(Berkshtre-Hudson) for property located at the northeast corner of Salem Road and Independence
Boulevard The nature of hts personal tnterest ts that he has an ownership tnterest tn Holloman-Brown
Funeral Home, Inc, which exceeds three percent of tts total equtty Holloman-Brown has entered tnto a
contract with Berkshire-Hudson to sell a 4 964 acre parcel of property located at the intersection of
Independence Boulevard and Salem Road Berkshire-Hudson has apphed for a change tn zomng which, tf
approved, would allow constructton of a drug store on thts property Because the contract for the sale of
the property ts conttngent upon thts change tn zontng, tt ts reasonably foreseeable that ttolloman-Brown
could reahze a benefit or detrtment as a result of thts transaction Vice Mayor Jones letter of September 9,
2003, ts hereby made a part of the record
Asststant Ctty Attorney Kay Wdson advised the fence ts addressed tn the proffered agreement
Karen Lasley, Zomng Admimstrator, advtsed the stgns shown on the proffered elevattons would not be
allowed as they exceed the stgn ltmttattons of the Ctty Zontng Ordtnance Balloon and streamer restrtcttons
are contatned wtthtn the Ctty Zontng Ordtnance
ITEM #51650
K 9a Ordtnance to AMEND the Ctty Zoning Ordtnance
(CZO) re ~ 905 re sign regulations tn the B-3A Pembroke
Central Bustness Core Dtstrtct
Counctl Lady McClanan wtll vote NAY on thts ttem
September 9, 2003
-16-
AGENDA RE VIE W SESSION
ITEM #51651
K9b Or&nance to AMEND the Ctty Zontng Ordtnance
(CZO) re $ $ 401 re farm stands as accessory uses tn the
A G-1 and AG-2 Agrtcultural Zontng Dtstrtcts
Counctl Lady McClanan expressed concern relattve replactng the requtrement that at least fifty percent
(50%) by value of the produce sold be grown by the operator of the farm stand These are really open att
grocery stores
Councdman Reeve advtsed this amendment to the City Zontng Ordtnance (CZO) was revtewed by the
Agrtcultural Advtsory Commtsston and they advised the focus of the conversatton seemed to center on the
destgn
Thts ttem wtll be DEFERRED INDEFINITELY to allow Councdman Reeve to confer wtth Jack Whttney,
Dtrector of Agrtculture, and the Agrtcultural Advtsory Commtsston
ITEM #51652
Councilman Schmidt wished to ADD to the Agenda
SCHEDULING RECONSIDERATION FORT WORTH
DEVELOPMENT, INC. CUP Condo on Shore Drive at D~nwtd&e
Road/ Dupont Circle (Approved by City Councd 08/12/2003)
Counctlman Schmtdt tnqutred tf thts ttem could be dtscussed tn today's CLOSED SESSION, prtor to the
Formal Sesston
The Ctty Attorney advtsed tf chscusston entatls acqutsttton or dtsposttton of that proper.W, or tf there ts a
pendtng legal tssue destrtng advtce of Counsel, thts ttem can be ADDED to the Closed Sesston
ITEM #51653
BY CONSENSUS, the followtng shall compose the CONSENT AGENDA:
K1
VARIANCE re $4 4(b)of the Subdtvtston Or&nance that
all newly created lots meet all the requtrements of the Ctty
Zonmg Ordtnance (CZO)
b Apphcatton of H.A.V., INC. re the west stde of Shoveller
Avenue, north of Mtll Dam Road (DISTRICT 5 -
L YNNHA VEN
September 9, 2003
-17-
AGENDA RE VIEW SESSION
K2
K3
K4
K6
K7
K9.
ITEM #51653 (Continued)
Apphcatton of VIRGINIA BEACH FREEWILL
BAPTIST CHURCH for a Con&ttonal Use Permit for a
child care center at 210 South Wttchduck Road
(DISTRICT 2 - KEMPSVILLE)
Apphcatton of A VALON HILLS BIBLE CHURCH for a
Condtttonal Use Permtt re church expanston at 5728
In&an Rtver Road (DISTRICT 1 - CENTER VILLE)
Apphcattons of KENNETH A. HALL FAMILY LTD.
PARTNERSHIP at 3757 Bonney Road (DISTRICT 3 -
ROSE HALL)
Change of Zontng Dtstrtct Classtficatton from I-1 Ltght
Industrtal Dtstrtct to B-2 Communtt¥ Bustness Dtstrtct
b Condtttonal Use Permttfor motor vehicle sales and service
bo
Apphcatton of KEMPSHIRE ENTERPRISES, L.L. C. re
the Ttmberlake PD-H1 Land Use Plan for property
located on the southeast corner of South Independence
Boulevard and Stlverleaf Drtve (DISTRICT 2 -
KEMPSVILLE
Apphcatton of CHESTER EHRENZELLAR for a Change
o_f Zomng Dtstrtct Classtficatton .from PD-H1 Planned
Untt Development Dtstrtct to R-5D Restdenttal Duplex
Dtstrtct at 1961 Mtll Creek Drtve (DISTRICT 7-
PRINCESS ANNE)
Ordtnances to AMEND of the City Zontng Ordtnance
(CZO)
905 re sign regulations tn the B-3A Pembroke Central
Bustness Core Dtstrtct
401 re farm stands as accessory uses tn the AG-1 and
G-2 Agrtcultural Zontng Dtstrtcts
Councd Lady McClanan wtll vote NAY on Item K 9 a
Item K 9 b will be DEFERRED INDEFINITEL Y, B Y CONSENT
September 9, 2003
-18-
CITY COUNCIL COMMENTS
3:25 P.M.
ITEM # 51654
Due to confltcts, the tour of City View Mountain tentattvely scheduled for October 21, 2003, had to be
cancelled Counctl Lady Eure requested City Councd Members check their schedules and advise of a
preference of etther October 7 or October 14, 2003 ( tf tt ts a clear day)
ITEM # 51655
Councd Lady Wilson and Counctl Lady McClanan, Liaisons to the Boards and Commtsstons Revtew/Study
referenced the Citizens Committee on Boards and Commissions recommendatton
1 Each Board or Commtsston shall have one destgnated Ctty
Counctl "contact"
Council Lady Wdson requested a work session be scheduled to destgnate the Contact Person
The City Clerk shall provtde a hst of all of the Boards and Commtsstons wtth the names oJ Ltatson spectfied
and "None Assigned" noted for those Boards and Commtsstons who do not have Contacts Thts hst will be
dtstrtbuted to the Mayor and Ctty Counctl to note thetr preference
ITEM # 51656
Mayor Oberndorf advtsed Counctl Members Dtezel, Eure and Wdson are attenchng the Trauma Center Task
Force meettngs relattve the destgnatton of Sentara Vtrgtnta Beach General Hospttal from a Trauma Level
II Center to Level III
Counctl Lady Wtlson referenced the Trauma Center Task Force meettng on September 8, 2003 Counctl Lady
Wtlson advtsed Sentara Vtrgtnta Beach General ts endeavortng to retnstate thetr Trauma Level II
destgnatton The majortty of the emergency me&cai cases are betng routed to Sentara Vtrgtnta Beach
General Approxtmately mneteen (19) cases tn the last ntne (9) weeks have had to be referred to the Sentara
Norfolk General Trauma Level I Center. A new orthope&c surgeon will soon be asstgned to Sentara
Vtrgtnta Beach Sentara Vtrgtnta Beach General must reapply to the State for Level H Trauma Center status
As per suggestton of Dr Edward Brtckell, a letter of tntent wtll be drafted
Mayor Oberndorf advtsed a legtslattve agenda request should be formulated requesttng the General
Assembly assure any major health care corporatton provide adequate nottce tn wrtttng, as well as verbally,
re Trauma Center designations Mayor Oberndorf advised she received no response from her
correspondence to Sentara Prtor to the merger wtth Sentara Corporatton, the ctttzens of Vtrgtnta Beach
owned Vtrgtnta Beach General Hospttal
Counctlman Dtezel advtsed currently Sentara Vtrgtnta Beach General ts provwhng Level II Trauma Center
servtces now (approxtmately etghty-four percent (84%) when the Orthopedtc phystctans are avatlable
Counctlman Dtezel requested the Ctty Counctl wrtte a letter expresstng apprectatton for thetr support
September 9, 2003
- 19-
CITY COUNCIL COMMENTS
ITEM # 51656 (Continued)
Councdman Reeve tnqutred tf Emergency Me&cai Servtces ts aware Sentara Vtrgtma Beach General
Hospttal can provtde Level II Trauma Center servtces
Counctl Lady Wtlson advtsed Chtef Bruce W Edwards, Emergency Me&cai Servtces, was tn attendance a
the meettng The hospttal ts contacted and the dectston ts made at that moment relattve transportatton of the
pattent to Sentara Vtrgtnta Beach General or Sentara Norfolk General Hospttal
Counctl Lady Wtlson advtsed Sentara referenced a Commumty Health Assessment, whtch would be
researched by an tndependent agency. Sentara was requested toprovtde details relative concept and fun&ng
Council Lady Eure advtsed Sentara Virginia Beach General made a verbal commitment relative their intent
not to delete services
Council Lady Eure advised the Sentara Health Care Board of Dtrectors now has fourteen (14) members
selected by partty, however, tn October 2004, thts wtll no longer be equal memberships of Norfolk and
gtrgtnta Beach ctttzens Partty does not extst after October 2004 The majortty of the Board Members now
are Ytrgtnia Beach ctttzens Mayor Oberndorf suggested Ctty Counctl request a member be appotnted to
represent them on Sentara's Board to assure the servtces offered to the ctttzens are not depleted
ITEM # 51657
Counctl Lady Eure referenced betng lobbted to wrtte letters of support for other me&cal firms such as Bon
Secours Counctl Lady Eure had written correspondence relative Sentara and was concerned the letters were
on Ctty of Vtrgtnta Beach letterhead and wrttten as a ctty offictal Thts carrtes responstbthty and Counctl
Lady Eure beheved these letters should be quahfied as one's personal optmon
Mayor Oberndorf advtsed she has no problem correspon&ng relattve an eye surgery center, or a Bon
Secours ambulatory surgtcal center near the Cathohc Htgh School She belteves thts ts healthy competttton
Mayor Oberndorf suggested that tf City Counctl feels tt ts tnapproprtate for tn&vtdual Counctl Members
to wrtte letters of support then a Resolutton nottng that declaratton would be tn order for a future agenda
Counctl Members Maddox and Reeve have wrttten letters of support for the Cancer Center at Prtncess Anne
Commons re Sentara
September 9, 2003
- 20 -
ITEM # 51658
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSIONof the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Councd Conference Room, Ctty Hall Budding, on Tuesday, September 9, 2003, at
3 58PM
Councd Members Present.
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba
S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf dtm
Reeve, Rosemary Wtlson, Peter W Schmtdt and James L Wood
Councd Members Absent
Ron A Villanueva
[Famdy Vacatton]
September 9, 2003
-21 -
ITEM # 51659
Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION,
pursuant to Section 2 1-344(A), Code of Vtrgmta, as amended, for the followmg purpose
PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve can&dates for
employment, assignment, appointment, promotion, performance, demotion, salaries, &sctphntng, or
restgnatton of spectfic pubhc officers, appotntees, or employees pursuant to Sectton 2 2-3711 (A) (1)
To Wit Appointments Boards and Commissions
Agrtcultural Advisory Commtsston
Hampton Roads Economtc Development Alhance
Mmortty Bustness Counctl
Parks and Recreatton Commtsston
Performtng Arts Theatre Advtsory Commtttee
Ttdewater Regtonal Group Home Commtsston
Towing Advisory Board
Wetlands Board
PUBLICL Y-HELD PROPERTY Dtscusston or consideration of the acqutsttton of real propertyfor
a pubhcpurpose, or of the &sposttton ofpubhcly-held real property, where &scusston tn an open
meettng would adversely affect the bargatning posttton or negotiatmg strategy of the pubhc body
pursuant to Sectton 2 2-3711(A)(3)
Acqutsttton/Dtsposttton of Property
- Beach Dtstrtct
- Centervtlle Dtstrtct
- Baystde Dtstrtct
LEGAL MATTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or
attorneys pertatntng to actual or probable httgatton, or other specific legal matters requesttng the
provision of legal advice by counsel pursuant to Section 2 1-344(A)(7)
Vtrgtnta Beach Hol&ng Corporatton, Kana Corporatton
Fala Corporation and Kana Corporation v the United States of America
Upon motton by Councdman Wood, seconded by Counctl Lady Eure, Ctty Counctl voted toproceed tnto CLOSED
SESSION.
Voting 10-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R. Jones, Reba S McClanan, Rtchard A
Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Rosemary Wtlson, Peter W Schmtdt and
James L Wood
Council Members Voting Nay
None
Council Members Absent
Ron A Vtllanueva
(Break: 3:58 P.M. - 4:05 P.M.)
(4:05 P.M. - 5:35 P.M. ) (Dinner: 5:35 - 6:00 P.M.)
September 9, 2003
- 22 -
FORMAL SESSION
VIRGINIA BEA CH CITY COUNCIL
September 9, 2003
6:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Council Chamber, City Hall Budding, on Tuesday, September 9, 2003, at 6 O0 P M
Counctl Members Present
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba
S McClanan, Rtchard A. Maddox, Mayor Meyera E Oberndorf, Jtm
Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood
Counctl Members Absent
Ron A Villanueva
[Faintly Vacatton]
INVOCATION Reverend Merhn L Mtller, Pastor
Landstown Commumty Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
September 9, 2003
Item V-E.
- 23 -
CER TIFICA TION OF
CLOSED SESSION
ITEM # 51660
Upon motton by Counctlman Schmtdt, seconded by Counctlman Reeve, Cay Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempt from Open Meeting
requirements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch
this certification resolution apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motton
convemng the Closed Sesston were heard, dtscussed or constdered by
Vtrgtnta Beach Ctty Counctl
Vottng 10-0
Council Members l/ottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve,
Peter }F Schmtdt, Rosemary }Ftlson and James L }Food
Councd Members Voting Nay
None
Councd Members Absent
Ron A Vtllanueva
September 9, 2003
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Vlrglma Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded m ITEM # 51659, page 21, and m accordance w~th the
provls~ons of The Virginia Freedom of Information Act, and,
WHEREAS: Sect:on 2 2-3 711 (A) of the Code of V~rglnla requires a certification by the govermng
body that such Closed Sessmn was conducted ~n conformity w~th V~rg~ma law.
NOW, THEREFORE, BE IT RESOLVED: That the Vlrg~ma Beach C~ty Councd hereby certffies
that, to the best of each member's knowledge, (a) only public bus~ness matters lawfully exempted from Open
Meeting reqmrements by V~rg~ma law were discussed ~n Closed Session to which th~s certification resolution
apphes; and, (b) only such pubhc bus~ness matters as were ~dentffied ~n the motion convemng th~s Closed
Session were heard, d~scussed or considered by V~rg~ma Beach C~ty Council
P~h Hodges ~rm~t~, MMC
C~ty Clerk
September 9, 2003
- 24 -
Item V-F. 1.
MINUTES
ITEM # 51661
Upon motton by Counctlman Schmtdt, seconded by Counctlman Maddox, Ctty Counctl APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of September 9, 2003.
Vottng 9-0
Council Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt, Rosemary
Wtlson and James L Wood
Counctl Members Voting Nay
None
Counctl Members Abstatntng
Mayor Meyera E Oberndorf
Counctl Members Absent
Ron A Vtllanueva
Mayor Oberndorf ABSTAINED as she not tn attendance during the City Council Sesston of September 2,
2003 Mayor Oberndorf was representtng the US Conference of Mayors on Mtsston to Afrtca 2003
(delegatton of ntne (9) Mayors) Mayor Oberndorf was leadtng thts delegatton to Swaztland
September 9, 2003
- 25 -
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 51662
BY CONSENSUS, Ctty Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
September 9, 2003
- 26-
Item V-H. 1.
PUBLIC HEARING
ITEM # 51663
Mayor Oberndorf DECLARED ,4 PUBLIC HEARING:
Agricultural Reserve Program (ARP) at 1865 Indian River Road
There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC COMMENT.
September 9, 2003
-27-
Item V-J.
ORDINANCES/RES OL UTIONS
ITEM # 51664
Upon motton by Vtce Mayor Jones, seconded by Counctlman Wood, Ctty Councd APPROVED IN ONE
MOTION Or&nances/Resoluttons 4 and 5 of the CONSENT AGENDA.
Vottng 10-0 (By ConsenO
Council Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve,
Peter W Schmtdt, Rosemary Wilson and James L Wood
Council Members Voting Nay
None
Counctl Members Absent
Ron A Vdlanueva
Councd Lady McClanan wtll vote NAY on Item d 4 (Cromwell ARP)
September 9, 2003
- 28 -
Item V-J. 1.
ORDINANCES/RES OL UTIONS
ITEM # 51665
Barbara Messner, Post Office Box 514, Phone 422-1902, spoke tn OPPOSITION
Upon motton by Vtce Mayor Jones, seconded by Councdman Wood, Ctty Counctl ADOPTED
Or&nance to AMEND and REORDAIN § 2-85 of the Ctty Code re annual leave
Vottng' 9-1
Councd Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A
Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
Reba S McClanan
Council Members Absent
None
September 9, 2003
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
AN ORDINANCE TO AMEND ~ND REORDAIN
THE VIRGINIA BEACH CITY CODE
PERTAINING TO ANNUAL LEAVE; TAKING
NOT REQUIRED; LIMITATION ON
ACCUMULATION
SECTION AMENDED' ~2-85
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-85 of the City Code is hereby amended and
reordained to read as follows:
Sec. 2-85. Same--Taking not required; limitations on accumulation.
(a) No employee shall be required to take annual leave. No
employee shall be paid for unused annual leave except
upon termination of employment. Upon termination,
employees shall be paid straight time for accrued annual
leave; and payment shall be processed as expeditiously as
possible. No employee shall be allowed to carry more than
four hundred (400) hours of accumulated annual leave from
one calendar year to the next if the employee works a
forty (40) hour workweek, or five hundred sixty (560)
hours of accumulated annual leave from one calendar year
to the next if the employee works a fifty-six hour
workweek of accumulated annual leave =~u~L one calendar
year to the next, nor shall any employee who terminates
employment with the city receive pay for more than four
hundred (400) hours of accumulated annual leave if the
employee works a forty (40) hour workweek, or five
28
29
30
31
32
33
34
35
36
hundred sixty (560) hours of accumulated annual leave if
the employee works a fifty-six hour workweek.
(b) Part-time employees hired on or after July 1, 1996, shall
not be allowed to carry more than forty-eight (48) hours
of accumulated personal leave from one calendar year to
the next, nor shall part-time employees receive any
monetary payout upon termination of employment for their
accumulated personal leave.
37
38
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 9th day of September, 2003.
CA-8823
ordin/noncode/Sec 2-85. ord.wpd
March 31, 2003
R-4
- 29-
Item V-J.2.
ORDINANCES/RES OL UTIONS
ITEM # 51666
Barbara Messner, Post Office Box 514, Phone 422-1902, spoke tn OPPOSITION
Upon motion by Vice Mayor Jones, seconded by Councdman Schmtdt, City Councd ADOPTED
Resolution to EXPRESS support re two (2) U.S. Department of Justice grant
apphcattons for eqmpment needed tn response to the use of weapons of mass
destruction
Vottng. 10-0
Councd Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba $
McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve,
Peter W Schmtdt, Rosemary Wdson and James L Wood
Councd Members Vottng Nay
None
Counctl Members Absent
Ron A Vdlanueva
September 9, 2003
A RESOLUTION TO EXPRESS SUPPORT FOR TWO U.S.
DEPARTMENT OF JUSTICE GRANT APPLICATIONS FOR
EQUIPMENT NEEDED FOR RESPONSE TO THE USE OF
WEAPONS OF MASS DESTRUCTION
5 WHEREAS, the City of Virginia Beach has applied for two
6 equipment grants from the U.S. Department of Justice, related to
7 local response to the use of weapons of mass destruction.
8 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, Virginia:
10 1. That James K. Spore, City Manager, is hereby authorized
11 to execute for and in behalf of the City of Virginia Beach, a
12 public entity established under the laws of the State of Virginia,
13 this application and to file it in the appropriate State Office
14 for the purpose of obtaining certain Federal financial assistance
15 under the OJP, National Domestic Preparedness Office Grant
16 Program(s), administered by the Commonwealth of Virginia.
17 2. That the Virginia Beach City Council, a public entity
18 established under the laws of the Commonwealth of Virginia, hereby
19 authorizes its agent to provide to the Commonwealth and to the
20 Office of Justice Programs (OJP) for all matters pertaining to
21 such Federal financial assistance any and all information
22 pertaining to these Grants as may be requested.
24 Adopted by the Council of the City of Virginia Beach, Virginia
25 on the 9 day of Sept. , 2003.
CA-9002
Ordin/Noncode/DOJequipres. wpd
R-1
August 27, 2003
APPROVED AS TO CONTENT'
~~J~- S~e~v~
Management
APPROVED AS TO LEGAL SUFFICIENCY'
City Attorney's office
- 30-
Item V-J. 3. a/b
ORDINANCES/RES OL UTIONS
ITEM # 5166 7
Barbara Messner, Post Office Box 514, Phone 422-1902, spoke tn OPPOSITION
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Wtlson, Ctty Counctl ADOPTED
Virginia Department of Transportation (VDOT) re roadway capital proJects,
destgn work, site acqutsttton and constructton acttvtttes
Resolutton for the City to admtntster tmprovements to Prtncess
Anne Road, Kempsvtlle Road, Wttchduck Road Extended Phase
H, In&an Rtver Road Phase VII and Elbow Road Extended
Phase H
b Or&nance to APPROPRIATE $35,485,142 to thefollowtng
roadway capttal projects
(1) Elbow Road Extended Phase II
(2) In&an Rtver Road Phase VII
(3) Kempsvtlle Road
(4) Prmcess Anne Road
(5) Wttchduck Road Phase I
(6) Wttchduck Road Phase II
$ 5,307,085
$ 9,349,000
$ 467,057
$19,648,000
$ 467,057
$ 714,000
Vottng 9-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A
Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmtdt, Rosemary
Wtlson and James L Wood
Council Members Vottng Nay
None
Counctl Members Abstatntng
Reba S McClanan
Council Members Absent
Ron A Vtllanueva
Council Lady McClanan DISCLOSED and ABSTAINED Pursuant to the State and Local Government
Confltct of lnterest Act regar&ng Ctty Counctl's &scusston and vote on the proposed amendment to the FY
2004 Capttal Budget that would transfer admtntstratton of and fun&ngfor, five roadway projects, tnclu&ng
the Prtncess Anne/Kempsvtlle Intersection ProJect, from the Vtrgtnta Department of Transportatton to the
Ctty Counctl Lady McClanan and her husband have an ownership mterest tn Kempsvtlle Professtonal
Center, Inc , and that corporatton owns property that ts located at 425 South Wttchduck Road, near the
tntersectton of Kempsvtlle Road and Prmcess Anne Road Counctl Lady McClanan 's letter of August 26,
2003, ts hereby made a part of the record
September 9, 2003
City of Virginia [ each
REBA S McCLANAN
COUNCIL LADY - DISTRICT 3 - ROSE HALL
PHONE (757) 340-8835
FAX (757) 426-5669
August 26, 2003
Mrs. Ruth Hodges Smith, MMC
City Clerk
Municipal Center
V~rglma Beach, Virginia 23456
Dear Mrs. Smith:
Re: Disclosure Pursuant to the State and Local Government Conflict of Interests Act
Pursuant to the State and Local Government Conflict of Interests Act, I make the following
declaration:
o
I am executing this written disclosure regarding City Council's discussion and vote
on the proposed amendment to the FY 2004 Capital Budget that would transfer
administration of, and funding for, five roadway projects, including the Pnncess
Anne/Kempsvflle Intersection ProJect, from the Vlrglma Department of
Transportation to the City.
.
The nature of my personal interest is that my husband and I have an ownership
interest in Kemspvflle Professional Center, Inc., and that corporation owns property
that is located at 425 South Wltchduck Road (GPIN 1466 79 5400 0000), near the
intersection of Kempsvllle Road and Princess Anne Road.
o
Although the City Attorney has advised me that I may participate in this transaction
upon disclosure of my interest, I instead have chosen to abstain from participating in,
and voting on, this transaction.
3224 BURNT MILL ROAD, VIRGINIA BEACH, VA 23452-5207
Mrs. Ruth Hodges Smith -2- August 26, 2003
Re: Disclosure Pursuant to the State and Local Government Conflict of Interests Act
Accordingly, I respectfully request that you record this declaration ~n the official records of
City Council. I have enclosed an opimon letter from City Attorney Leslie L. Lilley, which addresses
thru matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Reba S. McClanan
Councflmember
RSM/RRI
Enclosure
City of Virginia Beach
LESLIE L LILLEY
CITY ATTORNEY
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23456-9004
(757) 427-4531
FAX (757) 426-5687
TDD (757) 427-4305
In Reply Please Refer to OP-826
August 26, 2003
Councilmember Reba S. McClanan
Virginia Beach City Council
Municipal Center
Virginia Beach, VA 23456
Re: Request for Conflict of Interests Act Opinion
Dear Councilmember McClanan:
I am writing in response to your request for an opinion as to whether you are precluded from
participating in City Council's discussion of, and votes on, a proposed amendment to the FY 2004
Capital Budget that would transfer administration of, and funding for, five roadway projects from
the Virginia Department of Transportation to the City.
SUMMARY CONCLUSION
Based on my review of the State and Local Government Conflict of Interests Act and the
facts provided by you, I am of the opinion that you have a personal interest in the proposed
transaction. Nevertheless, as a member of a group, the members of which are affected by the
transaction, you may participate in the discussion of, and vote on, the transaction, upon disclosure
of your interest pursuant to Virginia Code § 2.2-3115(G).
I base the aforesaid conclusion on the following facts which you have presented. Please
review and verify the accuracy of the facts set forth herein as you may onlyrely upon this opinion
Councflmember Reba S. McClanan -2- August 26, 2003
to the extent that those facts are complete and accurate.
FACTS PRESENTED
The state has appropriated funds for five roadwayprojects in the City of Virginia Beach. One
of the five projects is the Princess Anne Rd./Kempsville Rd. Intersection Improvements project
("Princess Anne/Kempsville Intersection Project"). The City has the option of taking over the
administration and management of the five projects fi.om the Virginia Department of Transportation
("VDOT"). Under that proposal, VDOT would reimburse the City for the City's expenses incurred
in implementing the projects, and City Council would be required to amend the FY 2004 Capital
Budget by adding supplemental appropriations for the projects.
If City Council votes against the proposed transfer, then the projects will go forward under
VDOT's administration. If City Council votes in favor of the transfer, then administrative
responsibility will transfer to the City, and the City would have substantially more input into the way
in which the projects are implemented.
You and your husband have an ownership interest in Kempsville Professional Center, Inc.
that exceeds three percent of the corporation's total equity. Kempsville Professional Center, Inc. is
the owner of commercial property ("Professional Center property") located at 425 South Witchduck
Road, which is near the intersection of Kempsville Road and Princess Anne Road. The Princess
Anne/Kempsville Intersection Project will impact several properties in the City, including the
Professional Center property. The degree of impact to the Professional Center property is not yet
known, but access likely will be affected.
ISSUE PRESENTED
May you participate in City Council's discussion of, and votes on, the proposed amendment
to the FY 2004 Capital Budget that would transfer administration of, and funding for, five roadway
projects fi.om the Virginia Department of Transportation to the City?
DISCUSSION/CONCLUSION
The State and Local Government Conflict of Interests Act is set forth in § 2.2-3100 et seq.
of the Code of Virginia (1950), as amended. The primary focus of the Act is on the "personal
interests" of an officer or employee of state or local government in the transactions of, and contracts
with, the governmental or advisory agency of which he or she is a member.
You have a "personal interest''~ in Kempsville Professional Center, Inc. The Act provides
~"'Personal interest' means a financial benefit or liability accruing to an officer or employee or a
member of his immediate family. Such interest shall exist by reason of 0) ownership in a business if the
Councllmember Reba S. McClanan
-3- August 26, 2003
that you would have a personal interest in a transaction2 ifa business in which you have an interest
is (1) the subject of the transaction or (2) it is reasonably foreseeable that the company would receive
a direct or indirect benefit or detriment as a result of the transaction. Kempsville Professional
Center, Inc. is not the subject of the transaction. However, because one of the projects subject to the
transfer and appropriations-the Princess Anne/Kempsville Intersection Project-will affect access to
the Professional Center property, it is reasonably foreseeable that Kempsville Professional Center,
Inc. would receive an indirect benefit or detriment as a result of the transaction. Therefore, you have
a personal interest in the transaction.
Nevertheless, because other property owners will also be affected by the Princess
Anne/Kempsville Intersection Project, you are a member of a group of three or more members
(property owners affected by the Princess Anne/Kempsville Intersection ProjecO, and the Act
permits you to participate in the transaction, upon disclosure of your interest?
As a final note, the Conflict of Interests Act deals with the types of influences upon a public
officer's judgement which are clearly improper. The law does not, however, protect against all
appearances of improper influence. In that respect, the Act places the burden on the individual
officer to evaluate whether the facts presented create an appearance of impropriety which is
unacceptable or which could affect the confidence of the public in the officer's ability to be
impartial.
ownership interest exceeds three percent of the total equity of the business; (iQ annual income that exceeds,
or may reasonably be antimpated to exceed, $10,000 from ownership in real or personal property or a
business; (ill) salary, other compensation, fnnge benefits, or benefits from the use of property or any
combination thereof, paid or provided by a business that exceeds, or may reasonably be anticipated to exceed,
$10,000 annually; 0v) ownership of real or personal property xf the tnterest exceeds $10,000 in value and
excluding ownership in a business, income, or salary, other compensation, fnnge benefits or benefits from
the use of property; or (v) personal hablllty incurred or assumed on behalf of a business ~f the habfilty
exceeds three percent of the asset value of the business." Va. Code § 2.2-3101.
2 "'Personal interest in a transaction' means a personal ~nterest of an officer or employee xn any
matter considered by h~s agency. Such personal interest exists when an officer or employee or a member of
h~s immediate fannly has a personal interest m property or a business or governmental agency, or represents
or prowdes services to any individual or bus~ness and such property, business, or represented or served
indlwdual or business (1) is the subject of the transaction or (n) may realize a reasonably foreseeable direct
or md~rect benefit or detriment as a result of the action of the agency considering the transaction." Va. Code
§ 2.2-3101.
3 "Each officer and employee of any state and local governmental or advisory agency who has a
personal interest in a transactton... [m]ay participate ~n the transaction if he is a member of a business,
profession, occupation, or group of three or more personas the members of wtuch are affected by the
transaction, and he comphes with the declaration reqmrements of § 2.2-3114 F or § 2.2-3115 G." Va. Code
§ 2.2-3112(A)(2).
Councllm~rnb~ Rcba S. McClanan
August 26, 2003
Please contact me should you desire any additional information.
LLL/RRI
Very truly yours,
City Attorney
RESOLUTION FOR THE CITY OF VIRGINIA BEACH TO
ADMINISTER IMPROVEMENTS TO PRINCESS ANNE ROAD,
KEMPSVILLE ROAD, WITCHDUCK ROAD, AND INDIAN RIVER
ROAD PHASE VII
WHEREAS, the C~ty of V~rgInla Beach ("City") has requested that the V~rglma Department of
Transportation ("VDOT") grant to the City admlmstratlve responsibility for design, property acqmsltlon, and
construction of the Princess Anne Road / Kempsvflle Road Intersection Improvements (CIP 2-048),
Wltchduck Road Phase I (CIP 2-931), Wltchduck Road Phase II (CIP 2-025), Elbow Road Extended-Phase
II (CIP 2-152), and Indian River Road Phase VII (CIP 2-256) highway Improvement (the "ProJects"), and
10
WHEREAS, VDOT has agreed that admlmstratlve responslbfl~ty for design, property acquls~t~on,
11 and construction of the Projects will be transferred to the City, and
12
WHEREAS, the Council has previously requested that VDOT program these ProJects; and
13
WHEREAS, the Council has considered all such matters
14
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA:
16 1
17
18
19
20
21
The City hereby agrees to accept from VDOT the admlmstratlve responslblhty for
design, property acquisition, and construction of the ProJects
The City Manager is hereby authorized to execute, on behalf of the City, the
"AGREEMENT FOR THE DEVELOPMENT AND ADMINISTRATION OF
PRINCESS ANNE ROAD, WITCHDUCK ROAD, INDIAN RIVER ROAD, AND
ELBOW ROAD BY THE CITY OF VIRGINIA BEACH."
22
23
Adopted by the Council of the City of Vlrglma Beach, Virginia, on the
September ,2003.
CA-8984
F qData~TY~OrdlnqXlONCODE\VDOT5res wpd
R-1 - August 20, 2003
day of
APPROVED AS TO CONTENT:
Department of Pubhc Works
APPROVED AS TO LEGAL
SUFFICIENCY.
~lty Attorney's ~ce
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
AN ORDINANCE TO APPROPRIATE $35,485,142 FROM
THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO
FIVE ROADWAY CAPITAL PROJECTS FOR DESIGN WORK,
SITE ACQUISITION AND CONSTRUCTION ACTIVITIES
WHEREAS, the City of Virginia Beach Public Works Department
will be administering five Virginia Department of Transportation
capital projects, pursuant to a Project Administration Agreement
with VDOT, and VDOT will reimburse the City in the amount of
$35,485,142 for design site acquisition, construction, and related
costs.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That $35,485,142 is hereby appropriated, in the amounts
and to the projects as set forth below:
a. $5,307,085 to capital project 92-152, Elbow Road
Extended - Phase II (VDOT);
b. $9,349,000 to capital project %2-256, Indian River
Road - Phase VII (VDOT);
c. $19,648,000 to capital project #2-048, Princess
Anne Road/Kempsville Road Intersection Improve-
ments, (VDOT);
d. $467,057 to capital project #2-931, Witchduck Road
- Phase I (VDOT) (Partial); and
e. $714,000 to capital project 92-025, Witchduck Road
- Phase II (VDOT) (Partial).
26
27
28
29
30
2. That the funding source for these appropriations is
$35,485,142 in anticipated reimbursements from the Virginia
Department of Transportation.
3. That estimated revenue from the Commonwealth of Virginia
are hereby increased accordingly in the capital budget.
31
32
Adopted by the Council of the City of Virginia Beach, Virginia
on the 9 day of Septem6e~003.
CA8983
Ordin/Noncode/VDOT5ord.wpd
R4
August 21 2003
Approved as to Content:
M~~~~Departmen%~ of Public Wor/ks
Approved as to Legal Sufficiency:
City Attorney~' Offi~e
AGREEMENT FOR THE DEVELOPMENT AND ADMINISTRATION
OF PRINCESS ANNE ROAD, WITCHDUCK ROAD,
INDIAN RIVER ROAD, AND ELBOW ROAD
BY THE CITY OF VIRGINIA BEACH
THIS AGREEMENT, made and executed in triplicate as of this
day of
,200__, between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF
TRANSPORTATION, hereinafter called the "Department" and the CITY OF VIRGINIA BEACH,
a municipal corporation of the Commonwealth of Virginia, hereinafter called the "City".
WlINESSEIIt:
WHEREAS, The Commonwealth Transportation Board has adopted a Six Year Improvement
Program, which includes an allocation of funds for Princess Anne Road intersection improvement at
Kempsville Road and Witchduck Road, UPC Number: 51866; Witchduck Road from Princess Anne to
1-264, UPC Number: 55200; Witchduck Road from 1-264 to Virginia Beach Boulevard, UPC Number:
55202; Indian River Road from Lynnhaven Road to Elbow Road Extension, UPC Number: 15829;
Elbow Road from Indian River Road to 0.5 mile west of Princess Anne Road, UPC Number: 15828;
and referred to hereinafter as the "Project"; and
WHEREAS, the Depamnent and the City desire to construct the Project as expeditiously
as possible and the City has requested to administer the proJects through its completion in accordance
with all applicable federal, state and local laws, regulations and requirements;
NOW, THEREFORE, for and in consideration of the premises and mutual covenants and
agreements contained herein, the parties hereto agree as follows:
1. The City shall act as the agent of the Department in performing the
preliminary engineering, fight-of-way and construction phases of the
Project, specifically including the following:
a. Perform or contract with a consultant to perform the
preliminary engineering, design and plan
development necessary to award a contract for the
construction; and the administration, supervision and
inspection of the construction of the Project through
final acceptance, in accordance with Department
procedures and policies including settlement of any
claims and disputes arising from the ProJect. The
consultant, if utilized, will be subject to a pre-award
audit by the Department.
b. Produce the necessary documentation to coordinate
the project through the State Enviromental Review
Process, prepare the appropriate enviromental
document (except for UPC Number: 15829 and
15828) as estabhshed by the Federal Highway
Administration policies and procedures and carry out
the functions necessary to clear the project
environmentally as outlined in Appendix A of this
agreement.
c. Submit each phase of the work as identified in the A
& E Agreement to the Department for review and
comment as the project develops; and to allow
Department personnel to inspect all phases of the
project at all times. Annually (by December 10) the
City will update all Engineering, Right-of Way,
Utility and Construction costs and submit it to the
Local Assistance Program Manager utilizing
VDOT's CES (Cost Estimating System) or as
otherwise directed by the Department. Additionally,
project estimates shall be updated at project
milestones as identified in the A & E Agreement.
d. Prepare plans for the Project, including such items as
general notes, references to specifications and
standards, typical sections, drainage plans, erosion
and sediment control methods, profiles, cross
sections, summaries, and the like. Plans may be
prepared in accordance with City standards and
format, provided the standards meet or exceed
Department standards or are approved by the
Department. Any such Department approvals shall
consider circumstances of constrained right-of-way,
aesthetic and adjacent community needs, urban
design factors and such approvals to not be
unreasonable withheld.
e. Locate potential contaminated and/or hazardous
waste sites during the survey or early plan
development stage. The City will develop design
alternatives to address the sites. Once contamination
is determined to exist, whether obvious or established
through testing, the City shall notify the appropriate
regulatory agency. The City will, if necessary,
conduct detailed studies such as site characterization
to determine the length of time required for clean-up
and potential financial liability for the City if it is
decided to purchase the property. The first option,
however, is to pursue remediation by the property
owner(s) through the appropriate agencies.
f. Advertise and conduct all necessary public meetings
and hearings on the Project in accordance with all
applicable requirements and coordinate the Project
with property owners in the Project area.
g. Obtain any necessary permits for the Project.
h. Prepare fight-of-way plans for the Project and acquire
title to all right-of-way needed for the Project ~n the
name of the City by purchase or by eminent domain,
if necessary.
i. Abide by Titles 25 and 33.1 of the 1950 Code of
Virginia, as amended, in the acquisition of rights-of-
way for this Project and follow the pohcy and
procedures outlined in Section 702.02 of the
Department's Right of Way Manual, which are
incorporated by reference.
j. Provide relocation assistance to those whose property
is acquired for the Project in conformance with the
Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended. (49
CFR Part 24)
k. Maintain all appraisals, negotiation reports,
relocation assistance files, closing statements,
eminent domain records and the like for a period of
three (3) years after completion of the Project.
1. Coordinate and authorize utility relocations.
m. Procure a contractor to construct the Project, in
conformance with applicable provisions of the
Virginia Public Procurement Act. The City agrees to
supply a cost justification if the low b~d exceeds the
engineer's estimate by 7%. The City agrees not to
award such contract until the Commonwealth
Transportation Board has accepted and approved the
bid and the contractor, and tmtfl a standard
Municipal-State agreement is executed. The City
agrees to bear at least two percent (2%) of the cost of
the Project. Department's Utility Relocation Policies
and Procedures Manual, which is incorporated by
reference, will govern the rate of participation for
utility relocations and storm sewers.
n. Submit all change orders to the Department's
Resident Engineer. Submit any change orders to the
construction contract which cumulatively exceed
10% of the construction cost to the Department's
Resident Engineer for approval.
o. Maintain accurate records of the Project and
documentation of all expenses for which
reimbursement will be requested, and make such
records available for inspection and/or audit by the
Department at any time.
p. Submit to the Department's Local Assistance
Program Manager on a monthly basis a certification
of all project expenses incurred and prod dunng the
preceding month for all preliminary engineering.
Submit to the Department's Resident Engineer on a
monthly basis a certification of all project expenses
incurred and paid during the proceeding month for all
fight-of-way and construction. The final billing shall
be made on the basis of final actual costs, reconciling
any difference with previously billed amounts.
Interim and final billings shall be submitted on the
Department's Form FD-AP-01. All preliminary
engineering charges by the Department shall cease on
the date the contract is awarded.
q. Agree to bear 100% of all costs expended in the
event the project is terminated during any phase of
work.
2. The Department will coordinate with, cooperate with, and assist the
City in implementing the Project, and specifically agrees to:
a. Review each phase of the Project and any other
submittal or request, and respond within ten (10)
business days after receipt or another mutually agreed
upon timeframe.
b. Provide the necessary coordination with the Federal
Highway Administration and other appropnate
Federal and State agencies; provide assistance and
guidance to the City relative to environmental
documentation and coordination as is outlined in
Appendix A of this agreement.
c. Provide reimbursement of actual Project expenditures
for the previous month or for the final billing, within
thirty (30) days of receiving from the City an
acceptable invoice of the expenses.
d. Audit all Project costs and records as may be reqmred
or appropriate.
e. Provide funding for the Project pursuant to the
Department's Six-Year Improvement Program..
3. Nothing herein shall be construed as creating any personal liability
on the part of any officer, employee, or agent of the parties, nor shall
it be construed as giving any fights or benefits to anyone other than
the parties hereto.
4. This Agreement shall be binding upon the parties hereto, and their
respective successors and assigns.
5. Upon the execution of this Agreement by both parties, the City is
.
hereby authorized to commence with the Project.
This ~reement may be modified with the mutual consent of the
Department and the City. The Department and the City agree that, if
the City decides to receive funding directly on a quarterly basis, as
provided by 33.1-23.3 of the Code of Virglma as amended by
Chapter of the 2003 Acts of Assembly, this 0agreement will be
subject to revisions at the request of either party.
IN WITNESSETH WHEREOF, the parties sign and cause this Agreement to be executed
on this day of ,200
ATTEST:
CITY OF VIRGINIA BEACH
City Clerk
City of Virginia Beach
City Manager
City of Virginia Beach
APPROVED AS TO FORM:
City Attomey.
City of Virginia Beac'Eh
In WITNESS WHEREOF, THE PARTIES SIGN AND CAUSE THIS agreement to be executed
on this day of ,200
Commonwealth Transportation Commissioner
Commonwealth of Virginia
Department of Transportation
Date
Signature of Witness
Date
10
APPENDIX A
LOCALLY ADMINISTERED PROJECTS
General Environmental Conditions for all Agreements
o
.
.
.
o
Locality Will:
Meet with VDOT Environmental Division personnel (and other agency personnel
at the Division's discretion) prior to selection of a consultant or the commitment
of any resources to scope the project, discuss the environmental clearances
necessary and the procedure for submitting these environmental clearances to the
Environmental Division in order to allow the project to proceed to construction.
Provide qualified staff to manage the environmental process
Provide VDOT Environmental Division an opportunity to review and comment
on qualifications of consultants to perform the environmental studies.
Provide VDOT Environmental Division an opportunity to review and comment
on the scope of work for the study.
Schedule meetings with VDOT Environmental Division at appropriate milestones
in the study as identified during scoping to review study progress and adequacy.
Provide all requests to VDOT Environmental Division for technical and
coordination assistance from Locality staff and not from the Locality's consultant.
Provide written certification to VDOT Environmental Division prior to project
advertisement that all environmental approvals have been acqmred.
Follow the outline of Environmental procedures as identified in Appendix B.
Be
o
VDOT Environmental Will:
Identify a representative for environmental decisions.
Review and comment to the Locality on the environmental scope of work,
including the level of effort and man-hours allotted for the study, if the Locality
uses the services of a consultant.
Review and comment to the Locality on the qualifications of consultants
responsible for conducting environmental work.
APPENDIX B
LOCALLY ADMINISTERED PROJECTS:
Environmental Procedures for PE, RIGHT-OF-WAY, AND CONSTRUCTION
I. Preliminary Engineering Performed by Local Government
A. Locality Will:
1. Prepare and submit an electronic copy of the completed Eady Notification form (EQ-
429) to begin the State Environmental Review Process (SERP) and any other
necessary information to the VDOT Local Assistance Division regarding the scope of
the proposed project.
2. Implement the SERP commitments pertaining to the development of the project.
3. Prepare and submit an electronic copy of the National Environmental Policy Act
(NEPA) concurrence form to VDOT Environmental Division.
4. Prepare the NEPA document:
a) Provide VDOT Environmental Division with a proposed project-specific public
involvement plan prior to public involvement activities. This plan will demonstrate
compliance with all items identified in The VDOT Location and Design Public
Involvement Policy and Procedures Manual as required by environmental regulation.
The public hearing notice will include all appropriate references to environmental
notifications such as NEPA document availability, Section 106 compliance, and
compliance with the Agricultural and Forestal District Act.
b) Provide VDOT Environmental Division with an electronic preliminary review draft of
the environmental document: Categorical Exclusion (CE), Draft Environmental
Assessment (DEA), Draft Environmental Impact Statement (DEIS), Final EA, or Final
ElS.
c) Provide VDOT Environmental Division with a copy of all technical study documents
that support the environmental document.
d) Provide VDOT Environmental Division with a copy of the public hearing transcript
and responses to comments with the review copy of the environmental document.
e) Provide VDOT Environmental Division with the appropriate number of copies of the
approved environmental document as identified during project scoping.
f) Implement the NEPA commitments identified in the environmental document
pertaining to the development of the project.
5. Secure all necessary water quality permits in the Iocality's name.
a) Implement all water quality permit conditions
6. Provide a letter of certification to VDOT Environmental Division when the project is
submitted for Plans, Specifications, and Estimates (PS&E) approval that ensures that
the project description has not changed since completion of the SERP and approval of
the environmental document; or if any changes have occurred, prepare a re-evaluation
of the environmental document for VDOT Environmental Division consideration.
7. Prepare any post-NEPA documentation required by changes that occur during the
development of the project.
B. VDOT will:
1. VDOT District Environmental Manager will perform the administrative portion of the
SERP.
2. VDOT District Environmental Manager will provide the results of the SERP to the
VDOT Local Assistance Division, who will forward the results to the Locality.
3. VDOT Environmental Division will recommend a level of NEPA documentation to the
lead Federal agency after review.
4. VDOT Environmental Division will confirm the level of NEPA document with the lead
federal agency and solicit participation of that agency in the study. This will entail
notifying the federal agency of the project development milestones and inviting the
federal agency to attend key meetings.
5. VDOT Environmental Division will provide assistance to the Locality in the
preparation of a NEPA document.
6. VDOT Environmental Division will coordinate with the lead federal agency to publish
the notice of intent in the case of Environmental Impact Statements (ELS).
7. VDOT Environmental Division will review the following items to ensure compliance
with applicable federal and state requirements:
a) Approve the projects compliance with the Department's public involvement
procedures as outlined in The VDO T Location and Design Public Involvement Policy
and Procedures Manual as it relates to the environmental process.
b) Review the preliminary environmental document, provide comments to the Locality,
and, if appropriate, coordinate with the Federal Highway Administration (FHWA).
c) Indicate state acceptance of the environmental document by signing and adopting
the document as a VDOT product.
d) Recommend lead federal agency approval of the environmental document.
II. Right of Way Acquired by Local Government and retained by them
A. Locality Will:
1. Perform necessary hazardous materials work.
III. Construction Administered by Local Govemment
A. Locality Will:
1. Implement SERP construction commitments.
2. Secure all necessary water quality permits in localities name.
3. Implement all water quality permit conditions
4. Provide erosion and sediment controls and storm water management as per VDOT
standards and specifications.
5. Implement the NEPA commitments pertaining to the construction of the project.
6. Include in the contract documents and enforce all special provisions and
specifications.
LOCATION MAP FOR
PRINCESS ANNE RD./KEMPSVILLE RD.
INTERSE~CTION IMPROVEMENTS
CIP BOYE1-FE DGN M J S PREPARED BY P,,W ENG CADD DEPT' JULY 2003
RO.
ClP BOYE'Iq'E DGN M ] S
LOCATION MAP FOR
WITCHDUCK RD. PHASE !
CIP 2-931
N.T.S.
'~--~G~I_(' ;~ I/H"_~ ~ /L~ ?
PREPARED BY P/W ENG CADD DEPT
JULY 2003
RD.
/
? LOCATION MAP FOR
,
CIP 2-025
!1
P~.FPAREt3 L~~ P,~
ELBOW
LOCATION MAP FOR '~
ROAD EXTENDED-PHASE II ~-_~
CIP 2-152 ~
N.T.S.
LOCATION MAP
INDIAN RIVER ROAD
CIP 2-256
FOR
PHASE Vii
N.T.S.
CIP BOYE'Fi'E DGN M J S PREPARED BY P/W ENG CADD DEPT JULY 2003
- 31 -
Item V-J. 4.
ORDINANCES/RESOLUTIONS
ITEM # 51668
Upon motton by Vtce Mayor Jones, seconded by Councdman Wood, Ctty Councd ADOPTED
Ordtnance to AUTHORIZE the acqutstaon of Agricultural Land Preservation
(ARP) easement and the ISSUANCE by the City of tts contract obhgattons re
maximum principal amount of $255,346 tn behalf of John G Jr and Edward
F Cromwell
Vottng 9-1 (By ConsenO
Councd Members Voting Aye
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Rtchard A
Maddox, Mayor Meyera E. Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A
Vdlanueva, Rosemary Wdson and James L Wood
Counctl Members Vottng Nay
Reba S McClanan
Counctl Members Absent
None
September 9, 2003
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $255,346
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WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the
City of Virginia Beach, there has been presented to the City
Council a request for approval of an Installment Purchase
Agreement (the form and standard provisions of which have been
previously approved by the City Council, a summary of the
material terms of which is hereto attached, and a true copy
of which is on file in the City Attorney's Office) for the
acquisition of the Development Rights (as defined in the
Installment Purchase Agreement) on certain property located in
the City and more fully described in Exhibit B of the
Installment Purchase Agreement for a purchase price of
$255,346; and
WHEREAS, the aforesaid Development Rights shall be
acquired through the acquisition of a perpetual agricultural
land preservation easement, as defined in, and in compliance
with, the requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms
and conditions of the purchase as evidenced by the Installment
Purchase Agreement;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that
the proposed terms and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase
Agreement, including the purchase price and manner of payment,
are fair and reasonable and in furtherance of the purposes of
the Ordinance, and the City Manager or his designee is hereby
authorized to approve, upon or before the execution and
delivery of the Installment Purchase Agreement, the rate of
interest to accrue on the unpaid principal balance of the
purchase price set forth hereinabove as the greater of 3.75%
per annum or the per annum rate which is equal to the yield on
United States Treasury STRIPS purchased by the City to fund
such unpaid principal balance; provided, however, that such
rate of interest shall not exceed 6.75% unless the approval of
the City Council by resolution duly adopted is first obtained.
2. The City Council hereby further determines that
funding is available for the acquisition of the Development
Rights pursuant to the Installment Purchase Agreement on the
terms and conditions set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement and, subject to the
determination of the City Attorney that there are no defects
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in title to the property or other restrictions or encumbrances
thereon which may, in the opinion of the City Attorney,
adversely affect the City's interests, authorizes the City
Manager or his designee to execute and deliver the Installment
Purchase Agreement in substantially the same form and
substance as approved hereby with such minor modifications,
insertions, completions or omissions which do not materially
alter the purchase price or manner of payment, as the City
Manager or his designee shall approve. The City Council
further directs the City Clerk to affix the seal of the City
to, and attest same on, the Installment Purchase Agreement.
The City Council expressly authorizes the incurrence of the
indebtedness represented by the issuance and delivery of the
Installment Purchase Agreement.
4. The City Council hereby elects to issue the
indebtedness under the Charter of the City rather than
pursuant to the Public Finance Act of 1991 and hereby
constitutes the indebtedness a contractual obligation bearing
the full faith and credit of the City.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on this 9 day of September , 2003.
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Adoption requires an affirmative vote of a majority of
all members of the City Council.
CA8981
arppurchase/cromwelltrust/cromwelltrustord.wpd
R-1
August 15, 2003
APPROVED AS TO CONTENT'
APPROVED AS TO LEGAL
SUFFICIENCY: ~
Law Department
APPROVED AS TO AVAILABILITY OF FUNDS'
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2003-60
SUMMARY OF MATERIAL TERMS
SELLER:
John G. Cromwell, Jr. and Edward F. Cromwell, Trustees of the John G. Cromwell,
Sr. Trust
PROPERTY LOCATION: 1865 Indian River Road
PURCHASE PRICE: $255,346
EASEMENT AREA: 21.103 acres more or less
DEVELOPMENT POTENTIAL: 3 single-famdy dwelling sxtes (3 acquired)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 3.75% (actual rate to be determined when STRIPS are purchased prior to
execution of IPA). Rate may not exceed 6.75% without approval of C~ty Council.
TERMS: Interest only twice per year for 25 years, with payment ofprincipal due 25 years from IPA
date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery of IPA.
John G.
Cromwell
rustee
Jr.
Land of Promise
Wlld#f.
Item V-J.$.
- 32-
ORDINANCES/RES OL UTION
ITEM # 51669
Barbara Messner, Post Office Box 514, Phone 422-1902, spoke tn OPPOSITION
Upon motion by Vtce Mayor Jones, seconded by Councd Lady Wdson, Ctty Councd ADOPTED
Or&nance to AUTHORIZE acqutsttton of property tn fee stmple and a
temporary construction easement from the Marshall Trust for the Maxey
Manor pump station stte at Phdhps Avenue and Lasktn Road by agreement
(DISTRICT 5- L YNNHA VEN)
Vottng 10-0
Councd Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Rosemary Wdson and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
Ron A Vdlanueva
September 9, 2003
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AN ORDINANCE TO AUTHORIZE ACQUISITION OF
PROPERTY IN FEE SIMPLE AND A TEMPORARY
CONSTRUCTION EASEMENT FOR THE MAXEY
MANOR PUMP STATION SITE, EITHER BY
AGREEMENT OR CONDEMNATION, FOR THE
FOLLOWING SANITARY SEWER PROJECT, PUMP
STATION #388
6-084 Maxey Manor Sanitary Sewer Improvements-51% Program
WHEREAS, ~n the opimon of the Council of the C~ty of Vlrgima Beach, V~rg~nia, a
public necessity exists for the construction of th~s ~mportant samtary sewer project to provide
needed ~mprovements to the C~ty's samtary sewer system and for other pubhc purposes including
the preservation of the safety, health, comfort, and convenience, and for the general welfare of
the people in the City of Virgima Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. That the C~ty Council finds there ~s a public necessity for this sanitary
sewer project, and authorizes the acqmsltlOn by agreement or condemnation, pursuant to Sections
15.2-1901, et seq., Code of Virg~ma of 1950, as amended, of all that certain real property ~n fee
simple and all that certain temporary construction easement (collectively the "Property") as may
be necessary to construct the project and as ~s shown on the plans for the project, and as ~s more
specifically described on the acqms~tlon plat for the project, which ~s attached hereto and is
recorded m the Office of the Clerk of the Circuit Court of V~rginia Beach as Instrument Number
200306170093452, (collectively the "Plans"), and the Plans are on file in the Engineenng
Division, Department of Public Utihties, City of Vlrgima Beach, Virginia. Such acqulsit~on will
be made only after compliance w~th Administrative Directive 3.14 for "Pubhc Input for Pubhc
Infrastructure Projects Undertaken ~n the City."
Section 2. That the City Manager is hereby authorized to make or cause to be made
on behalf of the C~ty of V~rgima Beach, to the extent that funds are available, a reasonable offer
to the owners or persons having an interest ~n the Property. If refused, the C~ty Attorney is
hereby authorized to institute and prosecute proceedings to condemn the Property.
Page 1 of 2
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39 APPROVED AS TO CONTENTS
42 t/~/~
43 SIGNATURE
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Adopted by the Council of the City of V~rginia Beach, Virginia, on the __
September ,2003
DEPARTMENT
CA-8947
F :/D ataYATY/Ord~n/NONCODE/ca8947, ord. doc
August 28, 2003
9 day of
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CItY A TORNEY
Page 2 of 2
i
- 33 -
Item V-J. 6.
ORDINANCES/RESOL UTION
ITEM # 51670
Upon motton by Vtce Mayor Jones, seconded by Councdman Wood, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $28,041 from the Federal
Emergency Management Agency (FEMA) to the Fire Department's FY2003-
04 operaang budget to support All - Hazards Emergency Operations and
mcrease federal reserves accordmgly
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve,
Peter W Schmtdt, Rosemary Wdson and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
Ron A Vdlanueva
September 9, 2003
AN ORDINANCE TO ACCEPT AND APPROPRIATE $28,041
FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY
TO THE FIRE DEPARTMENT'S FY 2003-04 OPERATING
BUDGET TO SUPPORT ALL-HAZARDS EMERGENCY
OPERATIONS PLANNING
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 Virginia:
8 That $28,041 in grant funds is hereby accepted from the
9 Federal Emergency Management Agency and appropriated to the Fire
10 Department's FY 2003-04 Operating Budget to support all-hazards
11 emergency operations planning, with federal revenue increased
12 accordingly.
13 Adopted by the Council of the City of Virginia Beach, Virginia
14 on the 9 day of Sept. , 2003.
CA-9003
Ordin/Noncode / FEMAgrant ord. wpd
R-1
August 27, 2003
APPROVED AS TO CONTENT:
~anagement S~~
APPROVED AS TO LEGAL SUFFICIENCY:
City Attor~f~y' s Office
Item V-J. 7.
- 34-
ORDINANCES/RES OL UTION
ITEM # 516 71
Barbara Messner, Post Office Box 514, Phone 422-1902, spoke tn OPPOSITION
Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED:
Ordtnance to APPROPRIATE $52,339 from Oyster Herttage Trust and
$15,000 from Wetlands /Dunes Restoration funds to the Department of
Planntng re constructtng oyster reefs, tn the Lynnhaven River Watershed
Voting 10-0
Counctl Members Voting Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Council Members Absent
Ron A Vtllanueva
September 9, 2003
10
AN ORDINANCE TO APPROPRIATE
$52,339 FROM THE OYSTER
HERITAGE TRUST FUND AND $15,000
FROM THE WETLANDS/DUNES
RESTORATION FUND TO THE
DEPARTMENT OF PLANNING'S FY
2003-04 OPERATING BUDGET TO
CONSTRUCT OYSTER REEFS IN THE
LYNNHAVEN RIVER WATERSHED
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
11 CITY OF VIRGINIA BEACH, VIRGINIA:
12 1. That $52,339 of estimated revenue from
13 donations to the Oyster Heritage Trust Fund is hereby
14 appropriated to the Department of Planning FY 2003-04
15 Operating Budget.
16 2. That $15,000 of estimated revenue from civil
17 penalties in the Wetlands / Dunes Restoration Fund is hereby
18 appropriated to the Department of Planning FY 2003-04
19 Operating Budget.
20 3. That estimated revenue from donations and civil
21 penalties in the FY 2004 Operating Budget is hereby increased
22 by $67,339.
23 Adopted by the Council of the City of Virginia Beach,
24 Virginia, on the 9th day of September , 2003.
CA-8991
Ordin/Noncode/oysterord.wpd
R-2 - August 27, 2003
APPROVED AS TO CONTENT:
Management Services
APROVED AS TO LEGAL
SUFFICIENCY:
'v'~-ity Atto~{ey' s
- 35-
Item V-K.
PLANNING
ITEM # $1672
1. a. JOHN M. STE WARD
SUBDIVISION VARIANCE
1. b. H.A. V. INC.
SUBDIVISION VARIANCE
2. VIRGINIA BEACH FREEWILL BAPTIST CHURCH
CONDITIONAL USE PERMIT
3. AVALON HILLS BIBLE CHURCH
CONDITIONAL USE PERMIT
4. KENNETH A. HALL FAMIL Y LTD PARTNERSHIP
CHANGE OF ZONING
CONDITIONAL USE PERMIT
5. afo/c CH & B ASSOCIATES, LLP
CONDITIONAL CHANGE OF
ZONING (Conditional A-12 and P-I)
CONDITIONAL CHANGE OF
ZONING (Conditional B-2)
CONDITIONAL CHANGE OF
ZONING (Conditional 0-2)
6. KEMPSHIRE ENTERPRISES, L.L.C.
MODIFICATION TO PD-H1
LAND USE PLAN
7. CHESTER EHRENZELLER
CHANGE OF ZONING
8. BERKSHIRE-HUDSON CAPITAL XI, LLC
CONDITIONAL CHANGE OF
ZONING
9. afo. CITY ZONING ORDINANCE
3~ 905 re sign regulations tn the B-3A
Pembroke Central Bustness Core
Dtstrtct
3~ 401 re farm stands as accessory uses
tn the AG-1 and AG-2 Agrtcultural
Zontng Dtstrtcts
September 9, 2003
- 36-
Item V-K.
PLANNING
ITEM # 51673
Upon motton by Vtce Mayor Jones, seconded by Counctlman Wood, City Counctl APPROVED IN ONE
MOTION items lb, 2, 3, 4, 6, 7, 9a, 9b (DEFERRED) of the PLANNING BY CONSENT AGENDA
Item K 9 b (Farm Stands) was DEFERRED INDEFINITEL Y, BY CONSENT.
Voting 10-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve,
Peter W Schmtdt, Rosemary Wilson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Ron A Vtllanueva
Counctl Lady McClanan voted a VERBAL NAY on Item K 9 a (CZO re stgn regulattons)
September 9, 2003
-37-
Item V-K. 1.a.
PLANNING
ITEM # 51674
The following registered tn SUPPORT:
Attorney R E (Ed&e) Bourdon, Phone 499-8971, represented the apphcant, advtsed the apphcant ts
rettred wtth a medical dtsabthty Mr Bourdon dtstrtbuted forty (40) letters of support from restdents
of the area and tnformatton on stmtlar variances (two (2) homes on one (1) lo0 granted over the past
twelve
(12) years Satd tnformatton ts hereby made apart of the record The appltcant destres to dtvtde the parcel
tn such a way as to put the extsttng single-family and the garage apartment on separate parcels A small
addttton wtll be butlt on the house tn the rear
John M Steward, Jr, 4464 Lee Avenue, Phone 460-1867, apphcant
Martha Mclntosh, 4485 Lee Avenue, Phone 464-9288, adjacent resident
Bruce Johnson, Chatrman- Chesapeake Beach Ctvtc League, Property Preservation Zontng Commtttee,
4654 Lookout Road, Phone 460-5447
Upon motion by Vtce Mayor Jones, seconded by Counctl Lady Wtlson, City Counctl APPROVED the
apphcatton of JOHN M. STEWARD, JR.,for a Vartance to create a flag lot re ~4 4(b)of the Subchvtston
Ordmance that all newly created lots meet all the requtrements of the Ctty Zoning Ordmance (CZO)
Appeal to Dectstons of Admtmstrattve Officers tn regard to certain elements of
the Subdtvtston Ordinance, Subdtvtston for John M Steward, Jr Property ts
located at 4464 Lee Avenue (GPIN 1570702992) DISTRICT 4 - BA YSIDE
The followtng condttton shall be requtred'
1 Structures on the lots are not to exceed two (2) stortes
Vottng 10-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Rosemary Wtlson and James L Wood
Counctl Members Voting Nay
None
Counctl Members Absent
Ron A Vtllanueva
September 9, 2003
Item V-K. 1.b.
- 38-
PLANNING
ITEM # 51675
Upon motton by Vtce Mayor Jones, seconded by Counctlman Wood, Ctty Counctl APPROVED the
apphcatton of H. A. V., INC, for a Variance (to create two (2) lots) re ~4 4(b)of the Subdtvtston Ordmance
that all newly created lots meet all the requtrements of the Ctty Zoning Ordinance (CZO)
Appeal to Dectstons of Admtmstrattve Officers tn regard to certain elements of
the Sub&vtston Ordinance, Sub&wston for John M Steward, Jr Property ts
located at 4464 Lee Avenue (GPIN 1570702992) DISTRICT 4- BAYSIDE
The followtng condtttons shah be requtred
1 A shared tngress/egressfor the stngleprtvate drive at Shoveller Avenue, to
be uttltzed by both Lot A and Lot B, shah be deptcted on the final plat
2 The property shall be subchvtded only as deptcted on the submttted
subchvtston plat
Voting 10-0 (By Consen0
Counctl Members Vottng Aye.
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyers E Oberndorf Jim Reeve,
Peter W Schmtdt, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Ron A Vtllanueva
September 9, 2003
Item V-K. 2.
- 39-
PLANNING
ITEM # 516 76
Upon moaon by Vtce Mayor Jones, seconded by Councdman Wood, Ctty Councd ADOPTED an
Ordinance upon apphcatton of VIRGINIA BEACH FREEWILL BAPTIST CHURCH for a Condtttonal
Use Permtt for a child care center:
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH FREEWILL
BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHILD
CARE CENTER R090331124
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Apphcaaon of Vtrgmta Beach Freewdl Bapast Church for a
Condtttonal Use Permtt for a chiM care center on property located at 210
South Wttchduck Road (GPIN 1467729262) DISTRICT 2 - KEMPSVILLE
The followmg conchttons shall be requtred
The chddcare and educatton center ts hmtted to an enrollment of
46 chddren
This Or&nance shall be effecave tn accordance wtth Secaon 107 (f) of the Zomng Or&nance
Adopted by the Councd of the Ctty of Vtrgtnta Beach, Vtrgtma, on the Nmth of September, Two Thousand
Three
Vottng 10-0 (By Consent)
Councd Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Rosemary Wdson and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
Ron A Vdlanueva
September 9, 2003
Item V-K. 3.
PLANNING
- 40 -
ITEM # 51677
Upon motton by Vtce Mayor Jones, seconded by Councdman Wood, Ctty Councd ADOPTED Ordtnance
upon apphcatton o fA VALONHILLS BIBLE CHURCH for a Con&ttonal Use Permit re church expanston
ORDINANCE UPON APPLICATION OF AVALON HILLS BIBLE CHURCH
FOR A CONDITIONAL USE PERMIT FOR A CHURCH (EXPANSION)
R090331125
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton of Avalon Hdls Bible Church for a Conchttonal
Use Permit for a church (expanston) on property located at 5 728 In&an Rtver
Road (GPINS 1456815314, 1456813402) DISTRICT 1 -CENTERVILLE
The foHowtng condtttons shall be requtred
The stte shah be developed tn substanttal conformance wtth the
site plan entttled "AVALON HILLS BIBLE CHURCH,
PRELIMINARY SITE PLAN," prepared by The Spectra Group,
dated May 27, 2003, which has been exhtbtted to the Ctty
Counctl and ts on file tn the Planning Department
The proposed two (2) addtttons shall be constructed tn
substantial conformance wtth the elevation entttled "FACILITY
EXPANSION, "prepared by Andre Marquez Architects, dated
July 2003, whtch has been exhtbtted to the Ctty Counctl and ts on
file tn the Planmng Department The faqades of the two (2)
addtttons shall match those of the extsttng structure tn terms of
color and matertals, wtth the exceptton of the use of standing
seam metal panels for the roof The metal roof may be utdtzed
provided the color blends wtth the extsttng structure The
Planmng Director shall make a final determtnatton of
comphance of the destgn wtth this conchtton
Category I landscaptng shall be tnstalled along the length of the
eastern foundation (70 feeO
Thts Ordinance shall be effecttve tn accordance with Sectton 107 (f) of the Zontng Ordtnance.
Adopted by the Counctl of the Ctty of Virginia Beach, Vtrgtnta, on the Ntnth of September, Two Thousand
Three
September 9, 2003
- 41 -
Item V-K. 3.
PLANNING
ITEM # 516 77 (Continued)
Vottng 10-0 (By Consent)
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R ,Jones, Reba S
McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, dim Reeve,
Peter W Schmtdt, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Councd Members Absent
Ron A Vdlanueva
September 9, 2003
- 42 -
Item V-K. 4.
PLANNING
ITEM ii 51678
Upon motion by Vtce Mayor Jones, seconded by Councilman Wood, City Counctl ADOPTED Or&nances
upon apphcatton of KENNETH A. HALL FAMILY LTD. PARTNERSHIP for a Change of Zoning and
Condtttonal Use Permit
ORDINANCE UPON APPLICATION OF KENNETH A HALL FAMILY LTD
PARTNERSHIP FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM I-1 LIGHT INDUSTRIAL DISTRICT TO B-2 Z09031154
BE IT HErB Y ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton of Kenneth A Hall Famtly Ltd Partnershtp for a
Change of Zontng Dtstrtct Classtficatton from I-1 Ltght Industrtal Dtstrtct to
B-2 Commumty Bustness Dtstrtct on property located at 3757 Bonney Road
(GPIN 1487432711, 1487432716, 1487434715, 1487434901, 1487434612,
1487434620, 1487434526) The Comprehenstve Plan recommends' use of this
site for a vartety of employment uses tncludtng offices, approprtately located
tndustrtal use, and support servtces DISTRICT 3 - ROSE HALL
AND,
ORDINANCE UPON APPLICA TION OF KENNETH A HALL FAMILY LTD
PARTNERSHIP FOR A CONDITIONAL USE PERMIT FOR MOTOR
VEHICLE SALES AND SER VICE R090331126
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEA CH, VIRGINIA
Or&nance upon Apphcatton of Kenneth A Hall Famtly Ltd Partnershtp for a
Con&ttonal Use Permtt for motor vehtcle sales and servtce at 3757 Bonney
Road (GPIN 148 7434901, -4 715, -4612, -4620, -4526, - 19 75, -2800, - 7783,
1487531618, -0584, -0479, -2515) DISTRICT 3 - ROSE HALL
The followtng con&tton shall be reqmred
Thts Conchttonal Use Permtt supersedes the Condtttonal Use
Permtts prevwusly approved for porttons of thts stte on August
11, 1986, October 13, 1986 and December 10, 2002 The
development of the stte shall substantially conform ruth the stte
plan entttled "Hall Properttes, Bonney Road, Vtrgmta Beach"
dated May 30, 2003 exhtbtted to City Councd and on file tn the
Planning Department
The 3 7, 000 square foot butldtng shall be developed tn substanttal
conformance wtth the rendertng entttled "Hall Ntssan, Front
Elevatton- Bonney Road" and "Hall Nissan, Right &de
Elevatton- Butternut Lane" dated May 30, 2003 as exhtbtted to
Ctty Council and on file tn the Planmng Department
September 9, 2003
- 43 -
Item V-K. 4.
PLANNING
ITEM # 51678 (Continued)
10
11
A 50-foot reservatton shall be required along the southern
property hne adjacent to 1-264 as necessary for tmprovements
related to the Rosemont Road and 1-264 tnterchange
All other butlchngs shown on the master plan shall be developed
tn substanttal conformance wtth the archttectural style, colors
and matertals used for the 37,000 square foot Hall Ntssan
dealershtp butldtng referenced tn Condttton 2 above
All tnternal lot hnes wtthtn the 14 6-acre site governed by thts
Condttional Use Permtt shall be vacated by plat prtor to final
stte plan approval of the first phase of constructton
No outstde storage ofjunk or salvage vehtcles shall be permttted
If vehtcles tn thts condttton requtre storage, then such vehtcles
shall be stored wtthtn the butldtng
All auto repatrs must take place tnstde the bml&ng No outstde
storage of equtpment, parts or matertals shall be permitted
All overhead doors located on the side of the afiertnarket
buddtng factng 1-264 must rematn closed except for movtng
vehtcles tnto and out of the butldtng for servtce
Chain hnk fenctng shall not be allowed Any extsttng chain hnk
fenctng on the stte shall be removed from the stte as each phase
ts developed Any new fenctng tnstailed around the pertmeter of
any parktng lot shall meet Category VI screemng requtrements
(a sohd fence with Category I landscape plantings)
There shall be no pennants, streamers, banners, balloons or
searchhghts dtsplayed on the stte at any ttme
Vehtcles shall not be parked so as to obstruct any entrance along
Bonney Road, Chestnut Avenue, Butternut Lane and/or Spruce
Street
These Ordinances shall be effective tn accordance with Sectton 107 09 of the Zomng Ordtnance
Adopted by the Council of the City of Vtrgtnta Beach, Vtrgtnta, on the Nmth of September, Two Thousand
Three
September 9, 2003
- 44 -
Item V-K. 4.
PLANNING
ITEM # 516 78 (Continued)
Vottng 10-0 (By Consent)
Councd Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve,
Peter }V Schmtdt, Rosemary Wtlson and James L Wood
Council Members Voting Nay
None
Counctl Members Absent
Ron A Vtllanueva
September 9, 2003
- 4.5 -
Item V-K. 5.
PLANNING
ITEM # 51679
Attorney R d Nutter, 222 Central Park Avenue, Phone 687- 7500, represented the apphcant
Upon moaon by Councdman D~ezel, seconded by Councd Lady Wdson, C~ty Councd ADOPTED Ordtnances
upon apphcaaons of CH & B ASSOCIATES, LLP for Condmonal Changes of Zomng D~strwt
Classtficaaon
ORDINANCE UPON APPLICATION OF CH & B ASSOCIATES, L L P FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM PD-H ] TO
CONDITIONAL A- 12 Z0903 ! 155
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcaaon of CH & B Assoctates, L L P for a Change of
Zomng Dtstnct Classtficaaon from PD-H 1 Planned Development Houstng to
Condtttonal A- 12 Apartment Dtstnct and Con&twnal P- 1 Preservaaon D~strwt
wtth PD-H2 Overlays on the southeast corner of South Independence
Boulevard and South Plaza Trad (GPIN 1476727504) The Comprehenstve
Plan recommends use of thts stte as a Planned Commumty, constsang of a
range of restdenttal, employment, commerctal, tnstttuaonal, cultural,
educaaonal, open space and pubhc uses DISTRICT 2 - KEMPSVILLE
The followtng condmon shall be required
An Agreement encompasstngproffers shall be recorded wtth the
Clerk of C~rcu~t Court
ORDINANCE UPON APPLICATION OF CH & B ASSOCIATES, L L P FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATIONFROM PD-H ! AND
R-7 5 RESIDENTIAL DISTRICT TO CONDITIONAL B-2 Z09031156
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Apphcatton of CH & B Associates, L L P for a Change of
Zomng Dtstrict Classtficatton from PD-H 1 Planned Development Houstng
Dtstrtct and R- 7 5 Restdenttal Dtstrwt to Con&ttonal B-2 Commumty Bustness
Dtstrtct on the northwest corner of South Plaza Trad and Pnncess Anne Road
(GPIN1476612829) The Comprehenstve Plan recommends use of th~s s~te as
a Planned Commumty, conststtng of a range of restdenttal, employment,
commerctal, tnsatuaonal, cultural, educattonal, open space and pubhc uses
DISTRICT 2 - KEMPSVILLE
The following condition shall be required
An Agreement encompassmgproffers shall be recorded wtth the
Clerk of Ctrcutt Court
September 9, 2003
Item V-K. 5.
- 46-
PLANNING
ITEM # 51679 (Continued)
ORDINANCE UPON APPLICA TION OF CH & B ASSOCIATES, L L P FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM PD-H 1 TO
CONDITIONAL 0-2 Z09031157
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton of CH & B Associates, L L P for a Change o_f
Zonmg Dtstrtct Classtficatton from PD-H 1 Planned Development Houstng to
Con&ttonal 0-2 Office Dtstrtct on the southwest corner of South Independence
Boulevard and South Plaza Tratl (GPIN 1476731616) The Comprehenstve
Plan recommends use of thts site as a Planned Commumty, conststmg of a
range of restdenttal, employment, commerctal, tnstttuttonal, cultural,
educational, open space and pubhc uses DISTRICT 2 - KEMPSVILLE
The followtng condttton shall be requtred
1 An Agreement encompasstng proffers shall be recorded wtth the Clerk of
Ctrcutt Court
These Ordmances shall be effecttve tn accordance wtth Section 107 0') of the Zomng Ordmance
Adopted by the Councd of the City of V~rgtnta Beach, Vtrgtnta, on the Ntnth of September, Two Thousand
Three
Vottng 10-0
Counctl Members Vottng Aye'
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve,
Peter W Schmtdt, Rosemary Wilson and James L Wood
Counctl Members Voting Nay
None
Councd Members Absent
Ron A Vtllanueva
September 9, 2003
,o~ OUR
City o£ Virginia Beach
In Reply Refer To Our File No. DF-5631
DATE: August 27, 2003
TO: Leslie L. Lilley DEPT: City Attorney
. .---~
FROM: B. Kay Wilson ~.~,o DEPT: City Attorney
Conditional Zoning Application
CH&B Associates, L.L.P. (PD-H1 to A-12 With PD-H2 Overlay)
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on September 9, 2003. I have reviewed the subject proffer agreement, dated
July 24, 2003, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW
Enclosure
AGREEMENT
THIS AGREEMENT, made this 24th day of July, 2003 by and between CH&B
ASSOCIATES, L.L.P. a Virginia limited liability parmership, (hereinafter referred to as
"Grantor"); and the CITY OF VIRGINIA BEACH, a municipal corporataon of the
Commonwealth of Virginia (hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virgima, by petition addressed to the Grantee, so as to change the classification
from PD-H1 (Condominiums, Single Family, Multi-Family and Office), to A-12 with a PD-H2
Overlay (79.64 acres) and P-1 with a PD-H2 Overlay (14.55 acres) on certain property owned by
Grantor which contains a total of 94.19 acres, more or less, located in the Kempsville Election
District of the City of Virginia Beach, Varginia, which property is more particularly described in
the attached Exhibit A (hereinafter the "Property"); and
WHEREAS, the Grantee' s policy as to provide only for the orderly development of land
for various purposes, including mixed use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantors acknowledge that the competing and sometimes incompatable
uses conflict, and that in order to permit differing uses on and in the area of the subject Property
and at the same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conchtions govermng the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned A-12 and P-1 with a PD-H2
Overlay are needed to cope with the situation to whach the Grantors' rezoning application gives
rise; and
WHEREAS, the Grantors have voluntarily proffered in writing an advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
GPIN- 1476-72-7504 Prepared By:
Troutman Sanders L.L.P.
222 Central Park Avenue, State 2000
Vtrgima Beach, VA 23462
Zomng Map, in addition to the regulations provided for in the existing A-12 and P-1 zoning
district with a PD-H2 Overlay by the existing City's Zoning Ordinance (CZO), the following
reasonable conditions related to the physical development, operation and use of the Property to
be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of
which have a reasonable relation to the rezoning and the need for which is generated by the
rezoning; and
WHEREAS, said conditions having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such instrument; provided, further,
that said instrument ~s consented to by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent; and
WHEREAS, certain covenants and restrictions governing the Property were adopted by
the City Council of the City of Virginia Beach on June 23, 1998, as part of the Amendment to the
Land Use Plan for the Brenneman Farm Planned Unit Development; and
WHEREAS, the Amendment to the Land Use Plan for the Brenneman Farm Planned
Unit Development (the "Brenneman Farm Amendment") adopted on June 23, 1998 contained
restrictions governing the development of the Brenneman Farm property on both the west and
east sides of South Plaza Trail; and
WHEREAS, Grantor desires to change the conditions affecting the Property as adopted
by the Brenneman Farm Amendment, without affecting or altering those conditions contained in
the Brenneman Farm Amendment relating to the properties identified as "PD-H1 Office 13 AC"
and "Catholic High School 15 AC" on the exhibit entitled "Proposed Land Use Plan," dated June
2, 1998, prepared by Kimley-Horn and Associates, Inc., which plan has been exhibited to City
Council, and was adopted as part of the Brenneman Farm Amendment;
NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or exaction
from the Grantee or its governing body and without any element of compulsion of quid pro quo
for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenant and agree that these Proffers
shall constatute covenants running with the said Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantors, their heirs,
personal representatives, assigns, grantees and other successors in interest or title, namely:
1. The Land Use Plan of Brenneman Farm, referenced above, shall be revised and
adopted as shown on the exhibit entitled "Proposed Zoning Plan," dated July 18, 2003, as
contained in the four part, multi-page document entitled Brenneman Farm Development Manual
dated July 18, 2003, which publication has been exhibited to City Council and is on file in the
Planning Department of the City of Virgima Beach (hereinafter the "Manual").
2. Prior to the issuance of any final occupancy penmt on any residential units on the
Property, Grantor shall substantially complete and bond roadway improvements to South Plaza
Trail providing for two adchtional full vehicular traffic lanes (one in each direction) for traffic
between South Independence Boulevard and Brenneman Trail.
3. The perimeter and interior landscaping, fencing and signage on all portions of the
property adjacent to public rights-of-way shall be developed and constructed substantially as
depicted in Section 4 of the Manual.
4. The areas of the Property depicted as lakes, buffer areas, open space and
recreational areas as shown on the "Conceptual Development Plan" in the Manual shall be used
for those designated purposes.
LUXURY MULTI-FAMILY
5. The area identified on the "Proposed Zoning Plan" as proposed "PD-H2 Luxury
Multa-Family 20.0_+ AC" as contained ~n the Manual shall be developed as multi-family units and
the total number of dwelling units shall not exceed 304 units.
6. The multi-family units, clubhouse and garage units constructed within the
aforesaid area shall be constructed in a manner substantially as depicted in Section 3 of the
Manual.
7. No structure located within the area defined as "Luxury Multi-Family" as shown
on the Conceptual Development Plan within the Manual shall exceed four-stories or 60' in
height. With the exception of Buildings 8 and 9, the structures located within 100' of a public
right-of-way shall not exceed 45' in height and no fencing adjacent to a public fight-of way shall
exceed 5' in height (with the exception of any fencing around tennis courts which height shall
not exceed 12'). Building 8 shall be set back a minimum of 45' from the nearest adjacent public
fight-of way, and Building 9 shall be set back a minimum of 65' from the nearest adjacent public
fight-of-way. Except as set forth herein, this portion of the Property shall be developed in
accordance with the design criteria set forth in Sections 602, 603, 605 and 606 of the Virginia
Beach Zoning Ordinance in effect on this date.
LUXURY CONDOMINIUMS
8. The areas identified as Parcels A, B and C on the Conceptual Development Plan within
the Manual, shall be developed substantially as depicted on the Conceptual Development Plan.
9. The architecture, building materials and external features of the condominium
units constructed on Parcels A, B and C of the Property shall be substantially as depicted by the
elevations contained in Section 2 of the Manual.
10. The number of units constructed on Parcels A, B and C of the Property shall not
exceed four hundred eighteen (418).
11. A 25 foot wide restoration area along South Plaza Trail, adjacent to Condominium
Parcel A, shall be installed as indicated in Section 4 of the Manual. After initial clearing of the
site, the applicant shall contact the Planning Department to schedule a review of existing
vegetation within the restoration area. During this review, it will be determined where additional
plantings shall occur to provide a Category W-type screen within the restoration area. A
"Restoration Plan" shall then be submitted to the Planning Department, prepared by a certified
landscape professional, that will provide a survey of ex~sting trees to remain by species and
caliper as well as a depiction of proposed shrubs and trees identified by species, height and
caliper at time of planting. The proposed vegetation shall be a mix of evergreen and deciduous
species. The trees shall be installed with a minimum caliper of I ½ inches at the time of planting
and spacing appropriate for the species. The Restoration Plan shall be approved by the Planning
Department prior to issuance of a Certificate of Occupancy for any of the units within Parcels A,
B and C.
12. Except as provided below, Parcels A, B and C of the Property shall be developed
in accordance with the criteria set forth in Section 603, 605 and 606 of the Virginia Beach
Zomng Ordinance in effect on the date this application is approved.
13. Site Data and Development Criteria
Site Area, Use and maximum allowable units:
· Parcel A 13.8 Acres
· Parcel B 29.97 Acres
· Parcel C 17.8 Acres
125 2-Story Townhomes
165 3-Story Townhomes
128 3-Story Carriage Homes
· Total 61.57 Acres 418 Total Units
REQUIRED BUILDING SETBACKS
CARRIAGE HOMES
Front yard setback - from face of curb/private street
· Side yard setback adjacent to a private street from
face of curb
· Side yard setback from exterior property line
· Minimum distance between buildings side to side
· Rear yard setback from exterior property line
or private street
· Minimum distance between buildings rear to rear
· Lot coverage building footprint
· Maximum building height
20'
10'
10'
12'
10'
20'
45%
40'
2 AND 3 STORY TOWNHOMES
· Front yard setback - from face of curb/private street
· Side yard setback adjacent to a private street from
face of curb
· Side yard setback from exterior property line
· Minimum distance between buildings side to side
· Rear yard setback from exterior property line
or private street
· Minimum distance between buildings rear to rear
· Lot coverage building footprint
· Maximum building height
20'
10'
10'
15'
10'
20'
40%
35' (two story unit)
I
40' (three story umt)
PARKING REQUIREMENTS
A minimum of 2 off street parlang spaces shall be provided for each unit.
Garage parking shall be utilized to meet parking requirements
PRIVATE STREET / LANE WIDTH CRITERIA
Private Street Width
Private Alley Width
26' Face of Curb to Face of Curb
12' Edge of Asphalt to Edge of Asphalt
DESIGN CRITERIA
· Maximum number of units attached per building shall be 6
· Units shall be constructed on raised slab with brick skirt on front elevation
Windows shall be provided in all garage doors
As a minimum, beaded vinyl siding will be provided on all units
All fencing provided on lots backing up to the lakes shall be 4' open picket constructed of
white vinyl
The following shall be allowed a 2' encroachment into required setbacks:
Fireplaces
Bay windows
Steps
Decks which do not exceed 18" in height (excluding railings)
Patios
HVAC equipment
14. The Grantors shall record a Master Deed of Covenants, Conditions and
Restrictions ("Restrictions") governing the Property. The Restrictions shall be enforced by a
Mandatory Property Owners Association which will be responsible for maintmning all common
areas including, all landscape buffers including all fencing, and all lakes and BMP's located on
the Property.
15. Further conditions may be required by the Grantee during detailed Site Plan
and/or subdivision review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virglnia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantors covenant and agree that (1) the Zoning Admimstrator of the City of Virginia
Beach, Virginia shall be vested with all necessary authority on behalf of the goveming body of
the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
~ncluding mandatory or prohibitory ~njunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Admimstrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantors shall petition the govermng body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Planning
Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and ~ndexed in the name of the Grantors and Grantee.
[Remainder of Page Intentionally Left Blank]
[Signature Page of Lawrence Fleder, Agent for Trustee of the Fleder Family Trust 1976]
CH&B Associates, L L P
Lawrence Fleder, Agent for Trustee of
The Fleder Family Trust 1976
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit
The foregoing instrument was acknowledged before me this ~2~ day of July, 2003, by
Lawrence Fleder Agent for Trustee of The Fleder Family Trust 1976, on behalf of CH&B
Assomates, L L P He is personally known to me
My Commission Expires
Notary Public
[Signature Page of James M. Caplan, Agent for Trustee of the Caplan Family Trust 1976]
CH&B Associates, L.L.P.
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this ~ $ ~
day of July, 2003, by
James M. Caplan, Agent for Trustee of The Caplan Family Trust 1976, on behalf of CH&B
Associates, L.L.P. He is personally known to me.
My Comm,~ssion Expires: /o~}
' ~/ t7 Notary Public
1619774
10
EXHIBIT A
A! J. THAT certain lot, piece or parcel of land, situate, lying and being in the City of
Virginia Beach, Virginia, identified as "Now or Formerly CH&B Associates (D.B. 1626,
P. 12) (M.B. 44, P.11), GPIN # 1476-72-7504" as shown on that certain "PLAT
SHOI¥ING DRAINAGE AND IMPOUNDMENT EASEMENTS (LAKE #8)
DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA FROM CH&B
ASSOCIATES (M.B. 285, P.39) (M.B. 287, P.6), VIRGINIA BEACH, VIRGINIA,"
dated February 11, 2002, and revised March 19, 2002 and prepared by Rouse-Sirine
Associates, Ltd., which plat was recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia on May 1, 2002 in Map Book 305, at Page 41.
11
FO~M NO P .5 1E~
City of Virginia Beach
I IqTER-OFF I CE COREESPO~IgEIqCE
In Reply Refer To Our File No. DF-5632
DATE: August 27, 2003
TO: Leslie L. Lilley DEPT: City Attorney
FROM: B. Kay Wilson~~ DEPT: City Attorney
Conditional Zoning Application
CH&B Associates, L.L.P. (PD-H1 and R-7.5 to B-2)
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on September 9, 2003. I have reviewed the subject proffer agreement, dated
July 24, 2003, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW
Enclosure
AGREEMENT
THIS AGREEMENT, made this 24th day of July, 2003 by and between CH&B
ASSOCIATES, L.L.P. a Virginia limited liability partnership, (hereinafter referred to as
"Grantor"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia (hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
from PD-H1 (Commercial), PD-H1 (Single Family) and R-7.5 to B-2 Conditional on certain
property owned by Grantor which contains a total of 27.6 acres, more or less, located in the
Kempsville Election District of the City of Virginia Beach, Virginia, which property is more
particularly described in the attached Exhibit A (hereinafter the "Property"); and
WitEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible
uses conflict, and that in order to permit differing uses on and in the area of the subject Property
and at the same time to reeo~m~ize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned B-2 and are needed to cope
with the situation to which the Grantors' rezoning application gives rise; and
WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the
existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the
GPIN: 1476-61-2829 Ttns Document Prepared By:
Troutman Sanders LLP
222 Central Park Avenue, State 2000
Virginia Beach, VA 23462
physical development, operation and use of the Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zomng ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such ~nstmment; provided, further,
that said instrument ~s consented to by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or exaction
from the Grantee or its governing body and without any element of compulsion of quid pro quo
for zomng, rezoning, site plan, building permit or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenant and agree that these Proffers
shall constitute covenants running with the said Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantors, their heirs,
personal representatives, assigns, grantees and other successors ~n interest or title, namely:
1. The Property shall not be developed until an apphcation has been submitted for
approval and acted upon by City Council in a timely manner with respect to a conceptual site
plan addressing the design elements relating to the site, buildings, parking areas, landscaping and
pedestrian and vehicular access.
interested parties.
Nothing contained herein shall restrict the appeal rights of
2. The Grantors have prepared and submitted a Traffic Impact Study ("TIS") of
August 2002 and further amended by an addendum of July 24, 2003, analyzing the impact of this
and the accompanying applications for the Brenneman Farm. The TIS prepared by Kimley-Horn
and Associates, is on file in the Planning and Public Works Department of the City of Virginia
Beach. Prior to the issuance of any occupancy pernuts for any uses on the Property zoned B-2,
Grantor shall have completed or bonded the improvements to the intersection of South Plaza
Trail and Princess Anne Road recommended in the TIS.
3. Further conditions may be required by the Grantee during detailed Site Plan
and/or subdivision review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virlonia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantors covenant and agree that (1) the Zoning Adrmnistrator of the City of Virginia
Beach, Virginia shall be vested w~th all necessary authority on behalf of the governing body of
the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
stat or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) ff
aggrieved by any decision of the Zoning Adnumstrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an
appropriate symbol on the map the existence of conchtions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made reachly available and
accessible for public inspection in the office of the Zoning Administrator and in the Planning
Department and that they shall be recorded ~n the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee.
[Remainder of Page Intentionally Left Blank]
[Signature Page of Lawrence Fleder, Agent for Trustee oft. he Fleder Family Trust 1976]
CH&B Associates, L L P
By ~A (SEAL)
-
Lawrence Fleder, Agent for Trustee of
The Fleder Family Trust 1976
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit-
The foregoing instrument was acknowledged before me this~t4 day of July, 2003, by
Lawrence Fleder Agent for Trustee of The Fleder Family Trust 1976, on behalf of CH&B
Associates, L L P He is personally known to me
My Commission Expires
Notary Public
[Signature Page of James M. Caplan, Agent for Trustee of the Caplan Family Trust 1976]
CH&B Associates, L.L.P.
~2~es M. Caplan, A--g; r~r Trustee of The Caplan Farmly Trust 1976
COMMONWEALTH OF VIRG~
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this ~ ~ day of July, 2003, by
James M. Caplan, Agent for Trustee of The Caplan Family Trust 1976, on behalf of CH&B
Associates, L.L.P. He is personally known to me.
a (/ Notary Public
My Commission Expires: / ~ ] 3 ] Jo3
161960 5
EXHIBIT A
A!.I~ THAT certain lot, piece or parcel of land, situate, lying and being in the City
of Virginia Beach, Virginia, approximately 27.62 acres, and identified as Parcel 1
as shown on that certain "RESUBDIVISION PLAT OF PORTION OF
PROPERTY OF CH&B ASSOCIATES KNOWN AS BRENNEMAN
FARM, PHASE 1, VIRGINIA BEACH, VIRGINIA", dated July 28, 1999 and
prepared by Rouse-Sinne Associates, Ltd., which plat was recorded in the Clerk's
Office of the Circmt Court of the City of Virgima Beach, Virginia on September
13, 1999 ~n Map Book 280, at Page 47-49.
FOrM
City of Virginia Beach
In Reply Refer To Our File No. DF-5633
DATE:
August 27, 2003
TO: Leslie L. Lilley DEPT: City Attorney
FROM: B. Kay Wilson qBq~ DEPT: City Attorney
Conditional Zoning Application
CH&B Associates, L.L.P. (PD-H1 to 0-2)
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on September 9, 2003. I have reviewed the subject proffer agreement, dated
July 24, 2003, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW
Enclosure
AGREEMENT
THIS AGREEMENT, made th~s 24th day of July, 2003 by and between CH&B
ASSOCIATES, L.L.P. a Virginia limited liability partnership, (hereinafter referred to as
"Grantor"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia (hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the C~ty of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
from PD-H1 (Condominiums, Office and Retirement), to 0-2 Conditional on certain property
owned by Grantor which contmns a total of 39.7 acres, more or less, located in the Kempsville
Election District of the City of Virginia Beach, Virginia, which property is more particularly
described in the attached Exhibit A (hereinafter the "Property"); and
WHEREAS, the Grantee's policy is to prowde only for the orderly development of land
for various purposes, including mixed use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantors acknowledge that the compeung and sometimes incompatible
uses conflict, and that in order to permit differing uses on and in the area of the subject Property
and at the same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
commumty that are not generally applicable to land similarly zoned 0-2 and are needed to cope
with the situation to which the Grantors' rezoning applicataon gives rise; and
WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zomng Map, in addition to the regulations provided for in the existing 0-2 zoning district by the
ex~sting City's Zoning Ordinance (CZO), the following reasonable conditions related to the
GPIN: 1476-73-1616 This Document Prepared By.
Troutman Sanders ~
222 Central Park Avenue, State 2000
V~rgmia Beach, VA 23462
physical development, operation and use of the Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zomng ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circmt Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolutaon shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or exaction
from the Grantee or its governing body and without any element of compulsion of quid pro quo
for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenant and agree that these Proffers
shall constitute covenants running w~th the said Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantors, their heirs,
personal representatives, assigns, grantees and other successors in ~nterest or title, namely:
1. A twenty-five (25) foot wide tree preservation area shall be provided along those
portions of the Property adjacent to the residentially zoned property to the north of the Property.
2. No portion of any building located on the Property within one hundred (100) feet
of the northern property line adjacent to the residentially zoned property shall exceed thirty-five
(35) feet in height.
3. The primary exterior building materials utilized on any building constructed on
the Property shall be limited to: glass, brick, stone, metal, pre-cast concrete, or any combination
of the aforementioned materials.
4. A landscape buffer, twenty five (25) feet (or greater) in width shall be constructed
along those portions of the perimeter of the Property (excluding roads and access points) adjacent
to Independence Boulevard and South Plaza Trail, which buffer may contain a berm not
exceeding a slope of 4H: 1V.
5. The Grantors have prepared and submitted a Traffic Impact Study ("TIS") of
August 2002, and further amended by an addendum of July 24, 2003, analyzing the impact of this
and the accompanying application for the Brenneman Farm. The TIS prepared by Kimley-Horn
and Associates is on file in the Planning and Public Works Departments of the City of Virginia
Beach. Prior to the issuance of any occupancy permits for office space in excess of 225,000
square feet on the Property, zoned 0-2, the Grantors shall have completed or bonded the
improvements to the intersection of South Plaza Trml and S. Independence Boulevard
recommended in the TIS as amended.
6. Further conditions may be required by the Grantee during detailed Site Plan
and/or subdivision review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Orchnance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia
Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of
the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
~ncluding (i) the ordering in writing of the remedying of any noncompliance with such
conchtions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Planning
Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee.
[Remainder of Page Intentionally Left Blank]
[Signature Page of James M. Caplan, Agent for Trustee of the Caplan Family Trust 1976]
CH&B Associates, L.L.P.
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this o~ ~ day of July, 2003, by
James M. Caplan, Agent for Trustee of The Caplan Family Trust 1976, on behalf of CH&B
Associates, L.L.P. He is personally known to me.
My Commission Expires: ]~/,~//0~
Notary Public
161670 4
[Signature Page of Lawrence Fleder, Agent for Trustee of the Fleder Family Trust 1976]
CH&B Associates, L L P
~avT, r~ Fleder, Agent f~r Trustee of
The Fleder Family Trust 1976
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit-
The foregoing instrument was acknowledged before me thisbe4 day of July, 2003, by
Lawrence Fleder Agent for Trustee of The Fleder Family Trust 1976, on behalf of CH&B
Associates, L L P He is personally known to me
My Commission Expires ,¢[i3~iD~
Notary Public
EXHIBIT A
A1JJ THAT certain lot, piece or parcel of land, situate, lying and being in the City
of Virgiriia Beach, Virginia, approximately 39.7 acres, and identified as Parcel 3
as shown on that certain "RESUBDIVISION PLAT OF PORTION OF
PROPERTY OF CH&B ASSOCIATES KNOWN AS BRENNEMAN
FARM, PHASE 1, VIRGINIA BEACH, VIRGINIA", dated July 28, 1999 and
prepared by Rouse-Sinne Associates, Ltd., which plat was recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, V~rginia on September
13, 1999 in Map Book 280, at Page 47-49.
-47-
Item V-K. 6.
PLANNING
ITEM # 51680
Upon motton by Vtce Mayor Jones, seconded by Councdman Wood, City Councd MODIFIED apphcatton
of KEMPSHIRE ENTERPRISES, L.L.C. re the Ttmberlake PD-H1 Land Use Plan
Ordinance upon Apphcatton of Kempshtre Enterprtses, L L C for a
Modt_ficatton to the Ttmberlake PD-H1 Land Use Plan for property located on
the southeast corner of South Independence Boulevard and Sdverleaf Drtve
(GAIN 1476776371, 1476779197) DISTRICT 2 - KEMPSVILLE
The followmg condttton shall be required
1 Agreement encompasstng proffers shall be recorded wtth the
Clerk of the Ctrcutt Court and ts hereby made a part of the
record
Votmg 10-0 (By ConsenO
Councd Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf dtm Reeve,
Peter W Schmtdt, Rosemary Wdson and James L Wood
Council Members Vottng Nay
None
Councd Members Absent
Ron A Vdlanueva
September 9, 2003
F'OF~M NO P S ! ~3
City o£ Virginia Beach
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-5752
DATE: August 27, 2003
TO: Leslie L. Lilley DEPT: City Attorney
FROM: B. Kay Wilson~''v DEPT: City Attorney
Conditional Zoning Application
Kempshire Enterprises, L.L.C. and The Commonwealth of Virginia
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on September 9, 2003. I have reviewed the subject proffer agreement, dated
May 24, 2003, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW
Enclosure
PREPARED BY
~1~1 SYKES t~OL,q~DON.
g~ll]~ AIIERN & LEVY. PC
KEMPSHIRE ENTERPRISES, L.L.C., a Virginia limited liability company
THE COMMONWEALTH OF VIRGINIA
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CIT4f OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made tbas 24m day of May, 2003, by and between
KEMPSHIRE ENTERPRISES, L.L.C., ("Kempshire') a Virginia limited liability
company, Grantor, party of the first part; THE COMMONWEALTH OF VIRGINIA
("Commonwealth"), party of the second part, Grantor which joins in this agreement
solely to show the Commonwealth consents to the proffers by Kempshire but the
Commonwealth does not guarantee or warrant performance of any proffer by
Kempshire; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, Grantee, party of the third part.
WITNESSETH:
WHEREAS, the party of the second part is the owner of a two (2) parcels of
property located in the Kempsville District of the City of Virginia Beach, containing
approximately 1.75 acres of land which are more particularly described as parcels 1
and 2 in Exhibit ''A' attached hereto and incorporated herein by this reference. Said
parcels are herein referred to as the "Property"; and
WHEREAS, the party of the first part is the contract purchaser of the parcels
described in Exhibit "A' and has initiated a conchtional amendment to the Zoning
Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so
as to modify the PD-H1 Land Use Plan with a B-2 Commercial Designation
applicable to the Property; and
WHEREAS, the Grantee's policy is to provide only for the orderly development
of land for various purposes through zoning and other land development legislation;
and
WHEREAS, Kempshire acknowledges that the competing and sometimes
incompatxble uses conflict and that in order to permit differing uses on and in the
GPIN: 1476-77-6371
1476-77-9197 (Part)
PREPARED BY
§Ykq~S [~0Lq~DON
AtlI~N & LEVY. PC
area of the Property and at the same time to recognize the effects of change, and the
need for various types of uses, certain reasonable conditions governing the use of the
Property for the protection of the community that are not generally applicable to land
smailarly zoned are needed to cope w/th the situation to whxch Kempshrre's rezoning
application gives rise; and
WHEREAS, Kempshire has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed modification
to the PD-H 1 Land Use Plan applicable to the Property in addition to the regulations
provided for the PD-H1 and B-2 Zoning Districts by the cresting overall Zoning
Ordinance, the following reasonable conditions related to the physical development,
operation, and use of the Property to be adopted as a part of said amendment to the
Zoning Map relative and applicable to the Property, which has a reasonable relation
to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, Kempshire, for itself, its successors, personal
representatives, assigns, grantee, and other successors in title or interest, voluntarily
and without any requirement by or exaction from the Grantee or its governing body
and without any element of compulsion or fluid pro, quo for zoning, rezoning, site
plan, building permit, or subdivision approval, hereby make the following declaxation
of conditions and restrictions which shall restrict and govern the plrtysical
development, operation, and use of the Property and hereby covenants and agrees
that this declaration shall constitute covenants running with the Property, which
shall be binding upon the Property and upon all parties and persons claiming under
or through Kempshire, its successors, personal representatives, assigns, grantee,
and other successors in interest or title:
1. When the Property is developed, in order to achieve a coordinated
design and development on the site in terms of vehicular circulation, parking,
landscape buffering and building orientation, the "LAYOUT AND LANDSCAPE PLAN
of Self Serve and Automated Car Wash, S. Independence Boulevard & Silverleat
Drive, VirgLrLia Beach, Virginia," dated May 15, 2003, prepared by Land Design and
Development, Inc., which has been exhibited to the Virginia Beach City Council and
is on fde w/th the VLrgima Beach Department of Planning ("Layout Plan") shall be:
substantially adhered to
PREPARED BY
~Ii] 5¥~[5. t~Ot~DON
~11 AtlEt~N & LEvY. pC
2. When the Property is developed, the architectural design and building
materials and colors of the Car Wash building will be substantially as depicted on
the exhibit entitled "SECTION/ELEVATION SELF SERVE ga AUTOMATED CAR
WASH SOUTH INDEPENDENCE & SILVERLEAF DRIVE," prepared by Porterfield
Design Center dated May 20, 2003, which has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach Department of Planning
("Rendering").
3. When the Property is developed, the car wash shall have a monument
style freestanding sign no greater than ten feet (10] m height with a base of split face
block matching that on the building. The freestanding sign shall be substantially as
depicted on the exhibit entitled "Freedom Wash Freestanding Sign" dated May 20,
2003, which has been exhibited to the Virginia Beach City Council and is on file with
the Virgirna Beach Department of Planning ("Sign Elevation"). Building mounted
signage complying with the requirements of all applicable City Ordinances will be
located on that section of building designated "Mech. Room" on the Layout Plan
which is closest to Silverleaf Drive.
4. When the Property is developed, all lighting on the site shall be
consistent with those standards recommended by the Illumination Engineering
Society of North America (IESNA). A photometric lighting plan indicating the number
and types of lighting will be submitted as part of the formal site plan submission for
review by the Planning Department to determine consistency with Crime Prevention
Through Environmental Design (CPTED) principles and practices. Lighting shall be
installed and operated as shown on the approved plan. Ail lighting shall be directed
reward and downward within the site.
5. Further conditions may be reqmred by the Grantee during detailed Site
Plan review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
The above conditions, having been proffered by Kempshire and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning
of the Property and specifically repeals such conditions. Such conditions shall
continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment is part of a comprehenmve implementation of a new or
3
PREPARED BY
§YI(E$. t~OUI~DON
~'~1'1~ AJtERN & LEVY PC
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the
Clerk's Office of the Circuit Court of the City of Vi~_ginia Beach, Virginia, and
executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the Grantee in writing
as evidenced by a certified copy of an ordinance or a resolution adopted by the
governing body of the Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provimons of Section 15.2-2204 of the Code of Virginia,
1950, as amended. Said ordinance or resolution shall be recorded along with said
instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
Kempshire covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the governing body of the City of
Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any noncompliance
with such conditions be remedied; and (b) to bring legal action or suit to insure
compliance with such conditions, including mandatory or prohibitory injunction,
abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause
to deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, Kempshire shall petition the governing body for the
review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
emstence of conditions attaching to the zoning of the Property, and the ordhuances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning Department,
and they shall be recorded in the Clerk's Office of the Circuit Court of the City of
VLrginia Beach, Virginia, and indexed in the name of Kempshire and the Grantee.
PREPARED BY
SY[.[$. t~OLT~DON.
AtlERN & ]..EVY pc
WITNESS the following signature and seal:
GRANTOR:
Kempshire Enterprise, L.L.C.,
a Virginia limited Liability company
By:
(SEAL)
Chris T. Giroux, Managing Member
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 27th day of May,
2003, by Chris T. Giroux, Managing Member, Kempshire Enterprises, L.L.C., a
Virginia limited liability company.
Notary Public
My Commission Expires: August 31, 2006
PREPARED BY
S-TE[$, t~OURDON.
~lJl AtI~RN & LEVY. pC
WITNESS the following signature and seal:
GRANTOR:
The Commonwealth of Virginia
Title: District Right of Way & Utilities Manager
/E OF V~RGINIA
COUNTY OF Suffolk
,to-wit:
The foregoing instrument was acknowledged before me this 28th day of May,
2003, by Oliver Warren Williams ,Dist. R/W & Util. Mqr.of The
Commonwealth of Virgir~a.
Nc~ary Public
My Commission Expires: March 31, 2005
PREPARED BY
SYKES I~OU~DON
'HtL~N & k~WY PC
~r,.ltlBIT "An
PARCEL ONE:
Ail that certain lot, piece or parcel of land, w~th any improvements thereon and the
appurtenances thereunto belonging, lying, situate and being in the City of Virginia
Beach, Virginia, and known, numbered and designated as "Parcel 49,000 H-4", as
shown on that certain plat entitled, "AMENDED PLAT RESUBDIVISION OF PARCEL
1, TIMBERLAKE SHOPPING CENTER AND PARCEL 49,000 H-1-A AND PARCEL
49,000 H-2', which plat is duly recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virgirna, in Map Book 242, at Page 36.
GPIN: 1476-77-6371
PARCEL TWO:
A portion of that certain lot, piece or parcel of land, with any improvements thereon,
lying, situate and being in the City of Virginia Beach, Virginia, and being known,
numbered and designated as "PARCEL 49,000 H-I-A-l", as shown on that certain
plat entitled, "AMENDED PLAT RESUBDIVISION OF PARCEL 1, TIMBERLAKE
SHOPPING CENTER AND PARCEL 49,000 H-1-A AND PARCEL 49,000 H-2", which
plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 242, at Page 36.
GPIN: 1476-77-9197
CONDP, EZ~NE / KEIVI]~HIRE / PROFFER
- 48 -
Item V-K. 7.
PLANNING
ITEM # 51681
Upon motton by Vtce Mayor Jones, seconded by Councilman Wood, Ctty Counctl ADOPTED Ordtnance
upon apphcatton of CHESTER EHRENZELLAR for a Change of Zomng Dtstrtct Classtficatton
ORDINANCE UPON APPLICATION OF CHESTER EHRENZELLAR FOR A
CHANGE OF ZONING DISTRICT CLASSIFICA TION FR OM PD-H1 TO R-5D
Z09031158
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINA
Ordtnance upon apphcatton of Chester Ehrenzellar for a Change of Zomng
Dtstrtct Classtficatton from PD-H1 Planned Unit Development Dtstrtct to R-5D
Restdenttal Duplex Dtstrtct on property located at 1961 Mtll Creek Drtve
(GPIN 1475908717) DISTRICT 7 - PRINCESS ANNE
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance
Adopted by the Council of the City of Vtrgtnta Beach, Vtrgmta, on the Nmth of September, Two Thousand
Three
Voting 10-0 (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Rosemary Wilson and James L Wood
Council Members Voting Nay
None
Council Members Absent
Ron A Vtllanueva
September 9, 2003
- 49-
Item V-K. 8.
PLANNING
ITEM # 51682
Attorney R d Nutter, 222 Central Park Avenue, Phone' 687-7500, represented the apphcant who wtll
construct An Eckerd Drug Store at this location and referenced the loss of the masstve old tree
Upon motton by Counctl Lady Eure, seconded by Councdman Wood, Ctty Counctl ADOPTED the
Ordtnance upon Apphcatton of BERKSHIRE-HUDSON CAPITAL XI, LLC for a Change o_f Zontng
Dtstrtct Classtficatton
ORDINANCE UPONAPPLICA TION OF BERKSHIRE-HUDSON CAPITAL XI,
LL C FOR A CHANGE OF ZONING DISTRICT CLA SSIFICA TION FR OM 0-2
AND R-SD TO CONDITIONAL B-2 Z09031159
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI~ OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton of Berkshtre-Hudson Capital XI, LLC for a
Change of Zomng District Classification from 0-2 Office District and R-5D
Restdenttal Duplex Dtstrtct to Condtttonal B-2 Communtty Business Dtstrtct on
the northeast corner of Salem Road and South Independence Boulevard (GPIN
1475934018) The Comprehenstve Plan recommends use of the 0-2 zoned
portton of the stte for retatl, servtce, office and other compattble uses servtng
surroundtng netghborhoods and communtttes The Comprehenstve Plan
recommends use of the R-SD zonedportton of the stte for restdenttal uses above
3 5 dwelhng umts per acre DISTRICT 1 - CENTER VILLE
The followtng conchtton shall be requtred
An Agreement encompasstngproffers shall be recorded wtth the
Clerk of Ctrcutt Court
Attorney Nutter agreed to the followtng condtttons under stte plan revtew
The proffer relattve fenctng shall be deleted (as requested by restdent June
Huston)
The stgns shown on the proffered elevattons would not be allowed as they
exceed the sign hmttattons of the City Zomng Ordtnance
The tssues of balloons and streamers wtll also be addressed
Thts Or&nance shall be effective tn accordance wtth Sectton 107 09 of the Zomng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgtnta, on the Nmth of September, Two Thousand
Three
September 9, 2003
- 50 -
Item V-K. 8.
PLANNING
ITEM # 51682 (Continued)
Voting 8-1
Counctl Members Vottng Aye
Harry E. Dtezel, Margaret L Eure, Reba S McClanan, Rtchard A Maddox,
Mayor Meyera E Oberndorf Jtm Reeve, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
Peter W Schmtdt
Councd Members Absent
Vtce Mayor Louts R Jones and Ron A Vtllanueva
Vtce Mayor Jones DISCLOSED and ABSTAINED pursuant to Sectton 2 2-3115(E), Code of Vtrgtnta, re
Ctty Counctl's dtscusston and vote of the apphcatton submitted by Berkshtre-Hudson Capttal XI, LLC
(Berkshire-Hudson) for property located at the northeast corner of Salem Road and Independence
Boulevard The nature of hts personal tnterest ts that he has an ownershtp interest tn Holloman-Brown
Funeral Home, Inc, whtch exceeds three percent of tts total equtty Holloman-Brown has entered mto a
contract with Berkshtre-Hudson to sell a 4 964 acre parcel of property located at the mtersectton of
Independence Boulevard and Salem Road Berkshire-Hudson has apphed for a change tn zontng whtch, tf
approved, wouM allow constructton of a drug store on thts property Because the contract for the sale of
the property ts conttngent upon thts change tn zomng, tt ts reasonably foreseeable that Holloman-Brown
couM reahze a benefit or detrtment as a result of thts transactton Vtce Mayor Jones letter of September 9,
2003, ts hereby made a part of the record (However, Vtce Mayor Jones was Absent for the Vote)
September 9, 2003
City of Virginia Beach
LESLIE L LILLEY
CITY ATTORNEY
September 9, 2003
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9004
(757) 427-4531
FAX (757) 426-5687
TDD (757) 427-4305
Mrs Ruth Hodges Smith, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs Smith
Re Abstention Pursuant to Section 2 2-3115(E), Code of Virginia
Pursuant to the Virginia Conflict of Interests Act, Section 2 2-3115(E), Code of Virginia, I
make the following declaration
I am executing this written disclosure regarding City Council's discussion and vote
on the application submitted by Berkshire-Hudson Capital XI, LLC (Berkshire-
Hudson"), for a change of zoning district classification from Conditional O-2 Office
District and R-5D Residential District to Conditional B-2 Business District for
property located at the northeast corner of Salem Road and Independence Boulevard
(GPIN 14759340180000)
The nature of my personal interest is that I have an ownership interest in Holloman-
Brown Funeral Home, Inc. ("Holloman-Brown") which exceeds three percent of its
total equity Holloman-Brown has entered into a contract with Berkshire-Hudson
to sell a 4 964 acre parcel of property located at the intersection of Independence
Boulevard and Salem Road Berkshire-Hudson has applied for a change in zoning,
which if approved, would allow it to construct a drug store on the property Because
the contract for the sale of the property is contingent upon this change in zoning, it
is reasonably foreseeable that Holloman-Brown would realize a benefit or detriment
as a result of this transaction, and thus I have a personal interest in this transaction
3 I wish to disclose this interest and abstain from voting on this matter
Mrs Ruth Hodges Smith -2- September 9, 2003
Re Abstention Pursuant to Section 2 2-3115(E), Code of Virginia
Accordingly, I respectfully request that you record this declaration in the official records of
City Council I have enclosed an opinion letter from the City Attorney's Office, which addresses this
same matter.
Thank you for your assistance in this matter
Sincerely,
LRJ/RRI
Enclosure
City of Virginia Beach
LESLIE L LILLEY
CITY ATI'ORNEY
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23456-9004
(757) 427-4531
FAX (757) 426-5687
TDD (757) 427-4305
In Reply Please Refer to OP-827
September 9, 2003
Vice-Mayor Louis R. Jones
Virginia Beach City Council
Municipal Center
Virginia Beach, VA 23456
Re: Request for Conflict of Interests Act Opinion
Dear Vice-Mayor Jones:
I am writing in response to your request for an opimon as to whether you are precluded from
participating in City Council's discussion of, and vote on, Berkshire-Hudson Capital XI, L.L.C.'s
application for a change of zoning.
SUMMARY CONCLUSION
Based on my review of the State and Local Govemmem Conflict of Interests Act and the
facts provided by you, I am of the opinion that you have a personal interest in the transaction
~nvolving Berkshire-Hudson Capital XI, L.L.C.'s application for a change of zoning. Therefore, the
Act precludes you from participating in City Council's discussion of, and vote on, this transaction.
I base the aforesaid conclusion on the following facts which you have presented. Please
rewew and verify the accuracy of the facts set forth herein as you may only rely upon this opinion
to the extent that those facts are complete and accurate.
Vine-Mayor Jones -2- September 9, 2003
FACTS PRESENTED
In 1982, as part of an open space requirement for the approval of a subdivision, 1.373 acres
at the intersection of Independence Boulevard and Salem Road were dedicated to the C~ty. Fifteen
years later, on September 2, 1997, City Council declared that property to be excess and authorized
the City Manager to dispose of it. Staffhad recommended that action because the property's size,
location, and configuration rendered it unsuitable for neighborhood park development. The C~ty
then sold the property to Holloman-Brown Ftmeral Home, Inc. ("Holloman-Brown"), which owns
two larger lots that are adjacent to the property sold by the City.
You are the owner and president of Holloman-Brown. You did not partmipate as a
Councilmember ~n Holloman-Brown's purchase of the property.
Berkshire-Hudson Capital XI, LLC ("Berkshire-Hudson") has entered into a contract with
Holloman-Brown to purchase a 4.964 acre parcel of property at the intersection of Independence
Boulevard and Salem Road. This parcel ~ncludes the 1.373 acres of property that Holloman-Brown
purchased from the City, as well as the two larger lots that are owned by Holloman-Brown.
Berkshire-Hudson has apphed for a change in zoning which, if approved, would penmt it to
construct an Eckerd Drug Store on the property. In furtherance or,ts application, Berkshire-Hudson
has submitted a proffer agreement whereby Berkshire-Hudson promises to take certain actions with
respect to the property. Holloman-Brown is a party to that agreement because it is currently the
owner of the property. Berkshire-Hudson's purchase contract with Holloman-Brown is contingent
upon approval of the requested change in zoning.
ISSUE PRESENTED
May you participate in City Council's discussion of, and vote on, Berkshire-Hudson Capital
XI, L.L.C.'s application for a change of zoning?
DISCUSSION/CONCLUSION
The State and Local Govemment Conflict of Interests Act is set forth in § 2.2-3100 et seq.
of the Code of Virginia (1950), as amended. The primary focus of the Act is on the personal
interests of an officer or employee of state or local government in the transactions of, and contracts
w~th, the governmental or advisory agency of which he or she is a member.
Vine-Mayor Jones -3- September 9, 2003
Based on the definitions set forth in the Act, you have a "personal interest''l ~n Holloman-
Brown by virtue of your ownership interest which exceeds three percent of its total equity. The
critical xnquiry, therefore, is whether, because of your personal interest in Holloman-Brown, you
have a "personal interest in a transaction"2 with respect to Berkshire-Hudson's apphcat~on for a
change ~n zoning.
Holloman-Brown is not the subject of the transaction. Therefore, the pertinent inquiry in the
"personal interest in a transaction" analysis is whether, as a result of this transaction, Holloman-
Brown may realize a direct or indirect benefit or detriment as a result of City Council' s consideration
of the zoning application. Because Berkshire-Hudson's contract to purchase the property from
Holloman-Brown is contingent upon approval of the requested change ~n zoning, st is reasonably
foreseeable that Holloman-Brown would realize a benefit or detriment as a result of this transaction.
Therefore, you have a personal interest in the transaction, and you must abstain from Council's
discussion of, and vote on, the application?
~ "'Personal ~nterest' means a finanmal benefit or habfl~ty accrmng to an officer or employee or a
member of his ~mmed~ate family Such ~nterest shall ex~st by reason of 0) ownership in a bus~ness ~f the
ownership interest exceeds three percent of the total eqmty of the business, (n) annual income that exceeds,
or may reasonably be anticipated to exceed, $10,000 from ownership in real or personal property or a
business; (m) salary, other compensation, fnnge benefits, or benefits from the use of property or any
combination thereof, paid or provided by a bus~ness or governmental agency that exceeds, or may reasonably
be anticipated to exceed, $10,000 annually; 0v) ownership of real or personal property if the anterest exceeds
$10,000 in value and excluding ownership in a business, income, or salary, other compensation, fnnge
benefits or benefits from the use of property; (v) personal hablhty incurred or assumed on behalf of a
business if the habfllty exceeds three percent of the asset value of the business, or (vi) an option for
ownership of a bus~ness or real or personal property if the ownership ~nterest will consist of 0) or (iv)
above." Va Code § 2 2-3101
2 "'Personal ~nterest in a transaction' means a personal interest of an officer or employee in any
matter considered by his agency. Such personal ~nterest exists when an officer or employee or a member of
his ~mme&ate family has a personal interest ~n property or a business or a governmental agency, or represents
or promdes services to any ~ndlvldual or bus~ness and such property, business, or represented or served
~n&wdual or bus~ness 0) ~s the subject of the transaction or (n) may reahze a reasonably foreseeable d~rect
or indirect benefit or detriment as a result of the action of the agency consldenng the transaction "Va Code
§ 2.2-3101
3 "Each officer and employee of any state or local government or admsory agency who has a personal
interest in a transaction shall d~squahfy h~mself from participating in the transaction ~f(0 the transaction has
application solely to property or a business or governmental agency ~n which he has a personal ~nterest or
a business that has a parent-subsidiary or affiliated business entity relationship w~th the business ~n which
he has a personal interest or (n) he is unable to partm~pate pursuant to subdivision 2, 3 or 4 "Va. Code § 2.2-
3112(A).
Vice-Mayor Jones -4- September 9, 2003
The Conflict of Interests Act also addresses an officer's "personal interest in a contract.''4
Proffers are voluntary.5 Proffered conditions are not contractual terms; rather, they are conditions
ofrezomng in the nature of a legislative action.6 Therefore, a proffer is not a "contract,"7 as that term
is used in the Act, and the Act's provisions regarding a "personal interest ~n a contract" would not
apply to proffers.
As a final note, the Conflict of Interests Act deals with the types of influences upon a public
officer's judgement which are clearly improper. The law does not, however, protect against all
appearances of improper influence. In that respect, the Act places the burden on the individual
officer to evaluate whether the facts presented create an appearance of ~mpropnety which is
unacceptable or which could affect the confidence of the public ~n the officer's ability to be
impartial.
Please contact me should you destre any additional ~nformation.
Very truly yours,
C~ty Attorney
LLL/RRI
4 "'Personal Interest in a contract' means a personal ~nterest that an office or employee has in a
contact w~th a governmental agency, whether dues to h~s being a party to the contract or due to a personal
interest in a business that is a party to the contract." Va. Code § 2 2-3101.
s "A zoning ordinance may include a provide for the voluntary proffenng in writing, by the owner,
of reasonable conditions, prior to a public heanng before the governing body, in addition to the regulations
provided for the zoning d~stnct or zone by ordinance, as a part of a rezomng or amendment to a zoning map
..." Va. Code § 15 2-3397
6 Gregory v. Board of Supervisors of Chesterfield City, 257 Va 530 (1999).
7 "'Contract' means any agreement to which a governmental agency is a party, or any agreement on
behalf of a governmental agency that Involves the payment of money appropriated by the General Assembly
or pohtlcal subdivision, whether or not such agreement is executed in the name of the Commonwealth, or
some pohtlcal subdlwslon thereof." Va. Code § 2.2-3101.
FORM NO P S lIB
City of Virginia Beach
In Reply Refer To Our File No. DF-5709
DATE:
TO:
FROM:
Leslie L. Lilley
B. Kay Wilson~-'~-'~
August 27, 2003
DEPT: City Attorney
Conditional Zoning Application
Berkshire-Hudson Capital XI, LLC
DEPT: City Attomey
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on September 9, 2003. I have reviewed the subject proffer agreement, dated
July 28, 2003, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
BKW
Enclosure
Document Prepared By:
Troutman Sanders LLP
222 Central Park Avenue
Suite 2000
Virginia Beach, Virginia 23462
(757) 687- 7700
AGREEMENT
TIHS AGREEMENT, made this 28th day of July, 2003 by and between BERKSHIRE-
HUDSON CAPITAL XI, LLC, a North Carolina limited liability company (hereinafter referred
to as "Grantor"), the contract purchaser of a certain parcel of property generally located on the
south comer of South Independence Boulevard and Salem Road ~n Virginia Beach, Virginia,
which property is more fully described on Exhibit A attached hereto (hereinafter the "Property");
HOLLOMAN BROWN FUNERAL HOME, INC., a Virginia corporation (hereinafter referred
to as "Grantor"), the current owner of the Property; and the CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virgima, by petition addressed to the Grantee, so as to change the classification
from 0-2 and R-5D to B-2 Conditional on certain property which contains approximately 4.96
acres, more or less, located in the Centerville Election District of the City of Virginia Beach,
Virginia, which property is more particularly described in the attached Exhibit A; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
uses conflict, and that in order to permit difefing uses on and in the area of the subject Property
GPIN NO.:1475-93-4018-0000
and at the same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned B-2 are needed to cope with
the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the
existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the
physical development, operation and use of the Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, smd conditions having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantor, for ~tself, it's successors, assigns, grantees, and other
successors in title or interest, voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of compulsion of quid pro quo for
2
zoning, rezoning, site plan, building perrmt or subdivision approval, hereby make the following
declaration of condiuons and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenant and agree that these proffers
(collectively, the "Proffers") shall constitute covenants running with the said Property, which
shall be binding upon the Property and upon all parties and persons claiming under or through
the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest
or title, namely:
1. The Property shall be developed for a drag store/retail facility, together with one
additional structure to be utilized as commercial and/or professional offices.
2. The site layout shall be developed substantially as shown on that certain exhibit
entitled "Eckerd Salem Road & S. Independence Blvd, Virginia Beach, Virginia" prepared by
/DH Capital and dated 7/28/03, which has been exhibited to City Council and is on file with the
Planning Department.
3. The architectural design of the drug store on the Property shall be substantially
compatible with the architectural style and materials reflected in the renderings set forth in the
exhibits entitled "Proposed Eckerd Drag Retail Facility, Salem Road and South Independence
Boulevard, Virginia Beach, Virginia" which have been exhibited to City Council and are on file
with the Planning Department.
4. The architectural materials and style of the structure located adjacent to the drag
store shall be substantially compatible with the architectural style and materials utilized for the
drag store facility.
5. A left turn only median break shall be permitted on Salem Road subject to final
design approval by the Department of Public Works.
6. Subject to approval by the Virginia Beach Board of Zoning Appeals, a fence, not
to exceed six feet in height, shall be provided on the Property adjacent to the pomon of the
eastern property line of the Property located behind the structure idenufied on the Site Plan as
"10,800 SF Retail", commencing in the northeastemmost comer of the Property and proceeding
in a southerly direction approximately two hundred and seventy feet (270').
Further conditions mandated by applicable development ordinances may be required by
the Grantee during detailed Site Plan and/or subdivision review and administration of applicable
City Codes by all cognizant City agencies and departments to meet all applicable City Code
requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantor covenant and agree that (1) the Zoning Administrator of the City of Virginia
Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of
the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Planning
Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virgima Beach, Virginia and ~ndexed ~n the name of the Grantor and Grantee.
GRANTOR:
BERKSHIRE-HUDSON CAPITAL XI, LLC
STATE OF NORTH CAROLINA
CITY OF CHARLOTTE, to-wit:
My Commission Expires'
The foregoing instrumem was ac 'knowledged before me this ~43 day of July, 2003, by
~0~ ;4 ~'a.~..., /.. , Member of Berkshire-Hudson Capital XI, LLC He/she is
po/i'tonally known ~'o meo
Notary Public
lo-/6'- ~5-
GRANTOR:
HOLLOMAN BROWN FUNERAL HOME, INC.
Louis R. Jon~s, President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this oF.q. day of July, 2003, by
Louis R. Jones, President of Holloman Brown Funeral Home, Inc. He/she is personally known to
me.
My Commission Expires:
Notary Public~
NF168202 3
EXI-HBIT A
Legal Description
All that certain piece, parcel or lot of land located in the City of Virginia Beach, Virginia
consisting of 4.964 acres and described as Parcel B-IA1 on that certain resubdivision plat
entitled "RESUBDMSION OF 1.373 ACRES AS SHOWN ON PLAT ENTITI.F.D "PLAT
SHOWING PROPERTY I-IEREBY DEDICATED TO THE CITY OF VIRGINIA BEACH, VA.
FROM FENTRESS WOOD ASSOCIATES, LTD." (M.B. 170, P. 22) PARCEL B-IA AS
SHOWN ON PLAT ENTITLED "RESUBDMSION OF PARCEL B-1 AND PARCEL B-2 AS
SHOWN ON RESUBDMSION OF PARCEL B-1 AND PARCI~7I~ B-2 AS SHOWN ON
SUBDMSION OF PARCF;I~ B AS SHOWN ON SURVEY OF PROPERTY OF MATTIE S.
FENTRESS" (M.B. 214, P. 64) AND PROPERTY OF HOI~I.OMAN-BROWN FUNERAL
HOME, INC. (D.B. 3519, P. 1070) VIRGINIA BEACH, VIRGINIA", dated March 30, 1998,
prepared by John E. Sirine and Associates, Ltd. and recorded in the Clerk's Office of the Circuit
Court of Virginia Beach, Virginia on April 9, 1999 in Map Book 276, at page 3.
- 51 -
Item V-K. 9. a.
PLANNING
ITEM # 51683
Upon motton by Vice Mayor Jones, seconded by Counctlman Wood, Ctty Counctl ADOPTED:
Ordmance to AMEND of the Ctty Zontng Ordtnance (CZO) re 3~ 905 re sign
regulations tn the B-3A Pembroke Central Bustness Core Dtstrtct
Vottng 9-1 (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A
Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Rosemary
Wilson and James L Wood
Counctl Members Vottng Nay
Reba S McClanan
Council Members Absent
Ron A Vtllanueva
September 9, 2003
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
AN ORDINANCE TO AMEND SECTION 905 OF THE CITY
ZONING ORDINANCE PERTAINING TO SIGN
REGULATIONS IN THE B-3A PEMBROKE CENTRAL
BUSINESS CORE DISTRICT
SECTION AMENDED: CZO ~ 905
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 905 of the City Zoning Ordinance is hereby
amended and reordained, to read as follows:
Sec. 905.
Sign regulations.
(d) Within the B-3A Pembroke Central Business Core District,
signs shall be permitted as follows:
(1) For each foot of occupancy frontage an establishment
shall have no more than sixty one-hundredths (.60) square
feet of sign area. No single establishment shall have
more than four (4) signs, nor more than two (2) signs per
building facade, and no individual sign shall exceed
sixty (60) square feet in surface area. Any establish-
ment havinq less than forty (40) feet of occupancy
frontaqe may have one (1) siqn not exceedinq twenty four
(24) square feet. No such sign shall be allowed above
the second story of any building.
28
29
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 9th day of September, 2003.
CA-8959
DATA/ORDIN/PROPOSED/czo0905ord.wpd
R2
July 18, 2003
- 52 -
Item V-K. 9. b.
PLANNING
ITEM # 51684
Upon motton by Vtce Mayor Jones, seconded by Counctlman Wood, Ctty Counctl DEFERRED
INDEFINITEL Y:
Ordmance to AMEND the Ctty Zontng Or&nance (CZO) 3~ 401 re farm
stands as accessory uses tn the AG-1 and AG-2 Agrtcultural Zontng Dtstrtcts
Vottng 10-0 (By ConsenO
Counctl Members Voting Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Richard A Maddox, Mayor Meyera E Oberndorf dtm Reeve,
Peter W Schmtdt, Rosemary Wtlson and James L Wood
Counctl Members Voting Nay
None
Counctl Members Absent
Ron A Vtllanueva
September 9, 2003
- 53 -
Item V-L. 1.
APPOINTMENTS
ITEM # 51685
BY CONSENSUS, City Counctl RESCHEDULED the following APPOINTMENTS:
A GRICUL TURAL AD VISOR Y COMMISSION
MINORITY BUSINESS CO UNCIL
PARKS AND RECREATION COMMISSION
TIDEWATER REGIONAL GROUP HOME COMMISSION
WETLANDS BOARD
September 9, 2003
Item V-L.2.
- 54 -
APPOINTMENTS
ITEM # 51686
Upon NOMINATION by Vtce Mayor Jones, Ctty Counctl APPOINTED:
PERFORMING AR TS THEATRE AD VISOR Y COMMITTEE
Beatrtz Amberman
Ltnwood 0 Branch, III
Helen Dragas
Thomas Felton
Sharon Fratm
Ken Geroe
Rose Htpol
Elhot Jones
Mtcheal Ktrkland
Davtd Kukel
Chrtstopher J Massaro
Delceno C Mtles
Helen Prett
Adam Rttt
Gtnny Sanctho
Martlyn Stmon
Eleanor Stanton
Jack Todd
Dorothy Wood
Wendy Young
Robert Barnaby
Nancy Creech
Doug Elhs
Thomas Frantz
Terry Gallagher
Wtlham W Harrtson, Jr
Glen Huff
Brtan Kerwtn
Lewts Cameron Kttchtn
John R Langlots, Jr
Jeff Meredtth
John Mortson
M Jean Rawls
Thomas A Rucker
Patrtck L Shuler
Tunt Stngh
John Ttlthou
George Wong
W Breck Wood
Voting 9-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, , Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt,
Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Richard A Maddox and Ron A Vtllanueva
September 9, 2003
- 55 -
Item V-M. 1.
ADD/ON ITEM # 5168 7
Upon motion by Councilman Schmidt, seconded by Councilman Reeve, City Council SCHEDULED
RECONSIDERA TION for October 28, 2003, at 6pm,
FORT WORTH DEVELOPMENT, INC CONDITIONAL USE PERMIT for a
Condomtntum on Shore Drtve at Dmwtd&e Road/Dupont Ctrcle (Approved
by Ctty Counctl 08/12/2003)
Vottng 9-0
Counctl Members Vottng Aye
Harry E Dtezel, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Rosemary
Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Margaret L Eure and Ron A Vtllanueva
September 9, 2003
- 56-
Item V-O.
ADJOURNMENT
ITEM # 51688
Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 7 19 P M
Beverly ~ Hooks, CMC
Chwf Deputy Ctty Clerk
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnia Beach
Vtrgtnta
~eptember 9~ 2003
- 56-
Item V-O.
ADJOURNMENT ITEM#51688
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:19 P.M
Beverly U Hooks, CMC
Chief Deputy City Clerk
. , _. / e. atatday
'uth Hodges Smith, MMC Meyera E berndorf
City Clerk Mayor
City of Virginia Beach
Virginia
September 9, 2003