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SEPTEMBER 23, 2003 MINUTESMINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 23 September 2003 Mayor Meyera E Oberndorf called to order the Brtefing Session re HURRICANE ISABEL, tn the Ctty Counctl Conference Room, Ctty Hall, on Tuesday, September 23, 2003, at 2 O0 P M Counctl Members Present 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 and James L Wood Counctl Members Absent Rosemary Wilson [Entered 2 05 P M] Ron A Vtllanueva [Entered 3 05 P M] -2- CITY MANAGER'S BRIEFING HURRICANE ISABEL 2:00 P.M. ITEM # 51689 The Ctty Manager introduced Clarence Warnstaff, Chtef Operatton Officer, who advised, after Hurricane Isabel, on Frtday afternoon September 19, 2003, video servtces and members of Real Estate Assessor Jerald Banagan 's staff Vtdeo recorded prtvate sector damage throughout the Ctty A four (4) minute, forty-five (45) second video tape was vtewed by Ctty Counctl Mr Banagan advtsed the ends of both the Ctty 's fishmgpters were lost (Shore Drtve and the Resort Area) The majortty of business and commercial damage occurred at the Oceanfront The majority of damage was mtnor and butldtngs appear to be structurally mtact Approxtmately 11 O0 homes were affected, the majortty with relatively minor damage and about thtrty (30) homes are unhabttable Damage estimates are Business and Commercial $ 5,400,000 Residential $ 8,500,000 Agriculture $ 400,000 Debris Removal $11,000, 000 Roads and Bridges $ 500,000 Public Buildings $ 150,000 Public Utilities $ 2,000,000 Overtime $ 1,000,000 Prehmtnary esttmates total between $33-MILLION and $35-MILLION. Mr Warnstaff advtsed re debris removal, crews tn Pubhc Works and Landscape Servtces were clearmg streets and tntttattng the process of debrts removal on Frtday, September 19, 2004 Pubhc Works had entered tnto contracts wtth several natton-wtde debrts removal compantes Last week, these compames were gtven "notice to proceed" Over the weekend, the compantes mobthzed and tntttated debrts collectton commenctng Monday, September 22, 2003 There will be one complete pass of the City by both private contractors and Ctty personnel Multiple opportuntttes wtll be avatlable for restdents to place thetr debrts outstde for ptck up One sweep of the Ctty wtll not be suffictent Restdents are requested to park thetr vehtcles tn thetr drtveways, not tn the streets, to provtde better access for debrts removal. The Ctty landfill ss open 700A M to 7 O0 P M datlyfor residents who desire to brmg their own debrts There are 336 traffic signal intersections As of thts afternoon, only fourteen (14) are not tn operatton Relattve housmg asststance, Houstng and Netghborhood Preservatton ts offertng a relocatton asststance program for those who hve tn homes declared "unsafe" by thetr code enforcement tnspectors Temporary housmgfundtngfor rental costs and security deposits can be provided The Health Department on Friday began tnspecttng restaurants to ensure safetyprtor to thetr reopentng The mmtmum requtrements for resumptton of operatton is the facthty must be free of extertor and tntertor damage, have electrtc power and hot water, doors and screens tn good repatr, and the facthty must be free offltes, roaches and any other vermtn The water system was fully operattonal throughout the storm September 23, 2003 -3- CITY MANAGER'S BRIEFING HURRICANE ISABEL ITEM # 51689 (Continued) However, the Sanitary Sewer System expertenced great dtfficulty Three hundred ninety (390) Sanitary Sewer Pumping Stations are located within the City. After the Hurricane passed through, only thirty (30) of the Pump Stations had electrical power As of today, power has been restored and with the use of auxthary pumps, there are three hundred eighty (380) of the Pumping Stations operational. The Santtary Sewage System servmg the Sandbrtdge communtty was turned off Most of thts system ts now operattonal. The one small segment hopefully wtH be tn operatton by today A problem occurred on Sandfiddler Road because of the quantity of sand This sand had to be removed before the crews could tnspect the Samtary Sewer equtpment prtor to acttvatton A request was submttted to FEMA (Federal Emergency Management Admtntstratton) for generators All of the recreatton centers are open to the pubhc Restdents are allowed a 'free pass "for showers Bayvtlle, Red Wing and Ltttle Island Parks wtll open tn approxtmately two (2) weeks The Vtrgmta Marine Sctence Museum ts operattonal The Central Ltbrary rematns wtthout power, however Pungo, Blackwater and Kempsvtlle Ltbrartes hadpower restored today The Ctty's communtcatton system and computer systems are fully operattonal Me&al and Commumcattons have tssued eighty-five (85) Press Releases The Hurricane Protection Project was successful The Umted States Army Corps of Engineers tssued a press release relattve thts successful endeavor The Corps of Engmeers esttmated approxtmately $82-MILLION tn damages was prevented because of the Hurricane Protection project Pubhc Works wtll be provtdtng an extensive assessment of the beaches The sand ptcked up from the roads tn the Sandbrtdge commumty ts being trucked to the Little Island Parkway to be measured, cleaned and placed back on the beach Chief Gregory Cade, Ftre Department, advtsed 62,909 customers are still withoutpower. Efforts are betng coordtnated wtth Vtrgtnta Domtnton Power relattve tree removal Domtnton Power's webstte provides an overvtew of thetr progress Ten (10) shelters were open during the storm with 2, 331 occupymg these shelters The Department of Soctal Servtces, in conjunctton wtth the Southeastern Food Bank, has dtstrtbuted 2500 packages of food. $6,000 tn food stamp vouchers have been chstrtbuted to a 150 famthes 600 apphcattons have been recetved for food stamp retssuance for replacement of lost food There has also been 200 new apphcattons for food stamps $2,000 m food vouchers from Food Lton have been purchased and distributed Soctal Servtces ts coordtnattng wtth FEMA for funds tn the amount of $I3, 000 relattve relocatton of ctttzens The Department of Pubhc Health ts also workmg tn the southern end of the Ctty relattve the septtc systems Mental Health/Mental Retardatton/Substance Abuse ts coordtnattng wtth the School system relattve provtdtng spectahzed asststance to chtldren coptng wtth stress, asststtng ctttzens re medtcatton issues and chents tn group homes Sixteen (16) schools still do not have power On Monday, Soctal Servtces recetved 1,000 grocery bags from Food Lton and Kroger A curfew was tntttated Thursday, Frtday and Saturday mghts Chtef Cade provtded the FEMA hothne Numbers 1-800-621-3363 Ftve hundred (500) ctttzens have called and regtstered for tndtvtdual assistance FEMA ts revtewmg openmg a Dtsaster Relief stte tn the Ctty The rain gauge at Norfolk International Airport measured 2-~ inches of rain Category I sustatned wtnds commence at 74 mtles per hour Chesapeake Bay Brtdge Tunnel Chesapeake Ltght House Norfolk International Atrport 64 mph/ gusts 74 mph 72 mph/ gusts 93 mph 4 7 mph/gusts 74 mph The Ctty dtd not recetve sustained Category I wtnds September 23, 2003 -4- CITY MANAGER'S BRIEFING HURRICANE ISABEL ITEM # 51689 (Continued) Mayor Oberndorf advzsed Mayor Joseph P Rtley, Charleston, South Carolina, contacted her offertng asststance Mayor Rtley had never forgotten Vtrgtnta Beach's unselfish asststance to Charleston durtng their devastatton by Hurrtcane Hugo Mayor Riley responded with thirty-six (36) Pohce Officers, hts flatbeds wtth water, two (2) Humvees, and Zo&ac boats The Pohce Force assumed traffic control of thtrty- stx (36) of the tntersecttons Yesterday, hts pohce force qmetlypacked up and returned to Charleston Mayor Oberndorf expressed sincere apprectatton to James K Spore -Ctty Manager, Clarence Warnstaff - Chief Operating Officer, Fire Chtef Gregory Cade, Pohce Chtef A M Jacocks, and thousands of city employees whose de&catton successfully brought the Cay through thts Hurrtcane Concern was expressed relattve traffic tntersectton related acctdents, rehable fuel supply, santtary sewer, better communtcatton from Domtnton Vtrgtnta Power and a shelter tn Baystde wtth a Red Cross factltty tn Vtrgtnta Beach There are twenty (20) shelters avatlable, however, tt was necessary to only utilize ten (10) schools as shelters: Corporate Landing Middle Cox High Green Run High Landstown High Landstown Middle Larkspur Middle Salem High Salem Middle Birdneck Elementary Tallwood High Mr Warnstaff wtll provtde tnformatton concernmg a shelter for Baystde Mayor Oberndorf advtsed the Red Cross was dehvertng hot meals to restdents tn Carolanne Farms Chtef Cade advtsed the Red Cross coordmated dehvery of food to the Kempsvtlle Bapttst Church, as well as brtngtng meals to the Department of Soctal Servtces, Colony Trader Park and food/tce/water to Creeds. Intttally, the Ctty employees handled the shelters, however, after seventy-two hours, the shelters were operated by the Red Cross Chtef Cade advtsed there were no fatahttes dtrectly related to the Storm Mr Warnstaff advtsed a plan ts bemg devtsed to mcrease rehabthty of the sanitary sewer system This ctty has never experienced the wtde spread electrtcal outage as occurred with Hurricane Isabel The Ctty staff wtll confer to dtscuss lessons learned from thts occurrence The City performed exceedtngly well, however, there are opportuntttes for vnprovement Counctlman Reeve chstrtbuted photographs of Sandbrtdge and expressed concern relattve sand Much of the damage cannot be seen from the pubhc roadway Some of the back yards of restdences, t e Sandptper, located on the canals are washed tnto the water Mr Warnstaff wtll confer with Pubhc Works relattve the sand at Sandbrtdge betng trucked to Ltttle Island Parkway to be cleaned and the determination of whether tt ts dune or pubhc beach sand Relattve evacuatton, because of the track of the storm, the State's recommendation was to go far West September 23, 2003 -5- CITY MANAGER'S BRIEFING HURRICANE ISABEL ITEM # 51689 (Continued) Chtef Cade advised the State has compiled a Hurricane Evacuation Plan and this was used as the City's model program for evacuation The estimated time to effectively evacuate this area ts tn excess of twenty- seven (27) hours The State ts tn the process of updating this Plan Relative Croatan, Councdman Maddox advised the Dune has been eviscerated Councilman Maddox &strtbuted photographs of Croatan and Lake Wesley E Dean Block, Director of Pubhc Works, ts considering dredging from Rudee Inlet and replacing the dune hne at Croatan, rather than dumping the sand at Big Beach There are permitting issues Councilman Schmtdt has conferred with the Department of Environmental Quahty relative emergency permits Relative msurance (which encompasses huge premiums), Councthnan Maddox referenced the "wind pool " utthzed tn North Carohna A certatn portton of the insurance premium ts placed tn a state-wide fund and covers wind damage to property Because of 26 miles of water wtthm the City, Councilman Maddox suggested the provision of a "wind pool" as an addition to the Commumty Legislative Package Mr Warnstaff advtsed representatives from FEMA met with City representatives on-site Sunday morning, September 21, 2003, to review prehmtnary damage assessments Mr Block advised relative removing City trees, which have fallen on prtvate property, contact 563-1470. The first prtortty ts to clear the roads Mr Warnstaff stated there is estimated to be over 1-MILLION cubtc yards of debris throughout the City and this will entail a 7-to-lO week clean-up process Vice Mayor Jones referenced a major stzed pme tree (which he beheves ts the City 's), located across Bay Colony Drive, just before Wythe Lane, with part of It leamng on a branch of another tree The Vice Mayor ts concerned the weight of this tree will cause both to fall Mayor Oberndorf advtsed Governor Mark R Warner briefed all Mayors tn the Region via Conference call every afternoon at 4 30 P M Sunday, he attended the meeting with representatives from FEMA The Governor DECLARED an emergency early tn the week Conference calls after the storm also included the members of Congress, (Senators George Allen, John Warner, and Congressman Bobby ScotO Mayor Oberndorf ctted the new Colonel of the Umted States Army Corps of Engineers, Yvonne Prettyman Beck, as a brtlhant, dynamic individual Mayor Oberndorf referenced the letter of concern.[rom the Mayor of Virginia Beach's Sister City of Bangor, Northern Ireland, as well as others from around the World September 23, 2003 -6- CITY MANAGER'S BRIEFING CHESAPEAKE BAY PRESER VA TION AREA ORDINANCE UPDATE 3:35 P.M. ITEM # 51690 Clay Berntck, Envtronmental Management Programs Admtntstrator, Planntng Department, advtsed changes must be made by the Ctty concermng the Chesapeake Bay Preservation Area effective January 1, 2004 The Commonwealth of Vtrgtnta ortgtnally adopted the Chesapeake Bay Preservatton Act tn 1988 Regulations tmplementtng the Chesapeake Bay Preservation Area were adopted tn 1990 The City adopted the local Chesapeake Bay Preservation Area Ordinance and amended other local development ordtnances for conststency tn 1991 As part of the extended revtewprocess, the Commonwealth found the Ctty to be fully conststent tn 1994 CHESAPEAKE BAY PRESER VA TION AREA REQUIREMENTS Locahty destgnate Chesapeake Bay Preservatton Area Geographic Ltmtts Locahty map Resource Protectton Areas and Resource Management areas wtthtn Geographtc Ltmtts Locahty adopt Ordtnance meettng mtntmum State reqmrements and conslstency findmg Locahty amend other local Development Ordtnances to address mmvnum State requirements and conststency findtng Mr Berntck dtsplayed a map tndtcattng the Chesapeake Bay Preservation Area The Chesapeake Bay Watershed deptcted tn "hght yellow" encompasses the Ehzabeth Rtver, Lynnhaven (tncludtng Ltnkhorn, Broad Bay and both branches of the Lynnhaven) and Ltttle Creek Watersheds Areas to the south Onustard colored on the map) dram to North Carohna and eventually reach the ocean at Oregon Inlet (approxtmately 100 mtles south) Within this area, there are two types of Resource Protection Areas The Resource Protectton Area (RPA) Example No 1 extends from the shorehne landward Thts dtstance ts determtned by the presence of d~fferent features along the shore hne If it possesses a ttdal marsh, tt tncludes the marsh and areas defined as htghly erodtble sot& slopes greater than 6°/3, then runs landward l OO feet from that The Resource Management Area extends for the rest of the watershed Resource Protectton Area (RPA) Example No 2 deptcts a shorehne of rtp rap or bulkhead wtth the same condtttons apphed The Ctty Ordtnance created a Chesapeake Bay Preservatton Area Board to make dectstons and be more responstve to the pubhc City Counctl appotnts thts Board, whwh meets monthly to revtew requests of projects within the Resource Protectton Area (RPA) The Ordtnance also destgnates highly erodtble sotls as a component of the Resource Protectton Area (RPA), slopes greater than stx (6) percent to address chromc eroston problems tn shorehne areas September 23, 2003 -7- CITY M/tNAGER'S BRIEFING CHESAPEAKE BAY PRESER VA TION AREA ORDINANCE UPDATE ITEM # 51690 (Continued) REVISED STATE REGULATIONS Requtre locahttes to amend Local Ordtnances prtor to January I, 2004 Institute State Inspection and enforcement oversight measures Reemphastze vnportance of Resource Protectton Area Buffer for water quahty protectton CURRENT REQUIREMENTS v. NE W REQ UIREMENTS Minor Projects current approved by staff admmtstrattvely new approved by Chesapeake Bay Preservation Area Board Septic Tank Pump Out current mandatory pump out every five (5) years new mspecuon and pump out, tf necessary, every five (5)years Buffer Area Regulations current more hberal tnterpretatton of buffer encroachments at local level new, more strict interpretation of buffer encroachments at local level wtth State overstght Principal Structure additions current, approved by Chesapeake Bay Preservation Area Board new approved by staff admmtstrattvely S CHED UL E Septe~nber Brtefings to Ctty Councd, Planning Commtsston, Chesapeake Bay Preservation Area Board, Consultant Commumty, affected Ctty staff, budders and general pubhc October November danuary Planmng Commtsston Pubhc Heartng Ctty Councd Pubhc Heartng and adoptton Revtstons tn effect September 23, 2003 -8- CITY MANAGER'S BRIEFING CHESAPEAKE BAY PRESER VA TION AREA ORDINANCE UPDATE ITEM # 51690 (Continued) Mr Bermck advtsed to observe the adopted State Regulattons, the Chesapeake Bay Local Assistance Department (CBLAD) Website or Phone: 1 (800) CHESBA Y. Mr Berntck esttmated the apphcattons to the Chesapeake Bay Preservatton Area Board wtll tncrease 15% to 20%, due to the new regulattons An addttton to an ortgtnal home will not have to go before the Board The staff expends constderable ttme wtth tndtvtdual property and bustness owners re modtfytng thetrprojects to meet thetr requtrements and not have to go to the Board Mr Berntck beheves thcs process can conttnue wtth the new regulations Variances within the lO0-foot buffer can still be granted by the Board The Ctty staff ts coor&natmg wlth the Ctty Attorney to develop changes to the Chesapeake Bay Preservatton Area Or&nance that meet the mmtmum State requtrements If changes are necessary, then the 2005 General Assembly Sesston would have time for further revtew September 23, 2003 -9- CITY MANAGER'S BRIEFING HEAL TH CARE RESERVE - FY 2004, PLAN 3:53 P.M. ITEM # 51691 Susan D Walston, Chtef oJ Staff, advised, as per City Councd's chrectton, eight (8) opaons are being offered to utthze the $683,000 rematntng tn the health care reserve. With the adoptton of the FY ADOPT the FY 2003-2004 Operating Budget on May 13, 2003, Ctty Councd approved $1,000, O00, for Health care coverage to 100% of single subscrtbers effecttve July 1, 2003 $1,700,000 O0 was set astde for Health Care mcreases commenctng January 1, 2004 There was a recommendatton to tncrease the Ctty's contrtbutton of $3, 689 O0 on January 1, 2004 Offset Increases in VRS (Virginia Retirement System) Retirement and Life Insurance Each 1% tncrease tn either FRS rearement or Life Insurance wall require $2 2-MILLION The anticipated increases could be between 1 and 2°.,6 Pros Decrease funds needed in FY 2005 Ensure the Ctty meets tts penston obhgattons Cons Employees mtght not percetve they recetve the funds Health Insurance Reserve Perlodtcally over the last several years employee utthzatton costs have exceeded contrtbuttons to the self insurance fund The City and Schools have dealt wtth the sttuatton through one-ttme Infustons of cash Pros Cons Cushion agatnst adverse claims Employees mtght not percetve they recetve the funds Stabilizes future rates September 23, 2003 -10- CITY M/INAGER'S BRIEFING HEAL TH CARE RESERVE - FY 2004, PLAN ITEM # 51691 (Continued) A 0.4% Increase to the Merit Would mcrease mertt from 3 65% to 4 05% effecttve retroacttve To duly 1, 2003 Pros Cons All ehgtble full-ttme employees would receive the funds Employees might not perceive they recetve the funds Part-ttme employees are not ehgtble Rollover of $340, 000 Additional Compression Adjustment A three-year plan for total compensatton, tncludtng addressing compresston, has been developed and tmplemented Compression adjustments were provtded duly 2002 and duly 2003. The thtrd year of the plan provides for further adjustments to salaries based on the market survey to conttnue to allevtate compression .4 reserve could be estabhshed to offset this cost Pros Cons Would provtde addtttonal funds to Would requtre addtttonal consulttng work to ensure compressed employees compression was not exacerbated Fundtng tmpacts a small segment of the workforce Additional Coverage for Dependent Tiers Subscrtber Subscrtber and Child Subscrtber wtth Chtldren Subscriber and Spouse Famtly $ 3, 689 04 $ 3, 929 04 $ 4,109 04 $ 3,929 04 $ 4,109 04 Pros Cons Provtdes addtttonal coverage for htgher cost tters Creates tnequtty between employees Not tn partty wtth Schools Could affect enrollment Only those who take health care would benefit September 23, 2003 -11- CITY MANAGER'S BRIEFING HEAL TH CARE RESERVE - FY 2004, PLAN ITEM # 51691 (Continued) Additional Holiday Opportunities Day after ThanksglVl~tg Other ~ o/day on Ch~ istma~s Eve Day after Christmas Recurrtng Recurrtng One-ttme Pros Cons Frequently requested by employees Reduces servtce to ctttzens Permanent increase m mtmber of hohdays Day after Christmas only works this year since Chrtstmas ts on Thursday Schools get both the day ~er Thanksgtvlng and full day on Christmas Eve Mrs l/Valston advtsed dltrmg non-peak ttmes, Hohdays cost approxtmately $250, O00 for overttme resulttng from addtttonal hours worked Bonus to Employees Full-ttme Employee~ $108 Part-time Employees Prorated based on hours worked on average $50 Pros Cons All employees would recelveJunds Not a large amountper employee One-time bonus wotdd ,or affect the budget next May create the expectatton that a bonus wouM be year provtded annually Enhance Wellness Programs For erample the Car&ovascular Dtsease Program ts currently being operated as a one-year ptlot program tf funds become a~'atlable the recommendatton ts to extend thts program for an arM~t~onal 2 years other opttons are addtttonal fitness tratntng am! d~a eaa e management programs Pros Help to manage long term utdtzatlon and costs Increase employee qttahty of hfe and health Engages employees tn mamtgmg thetr health care Cons Employees mtght not percetve they recetve the funds September 23, 2003 - 12- CITY MANAGER'S BRIEFING HEAL TH CARE RESERVE - FY 2004, PLAN ITEM # 51691 (Continued) Informatton relattve the Hohday Benefit (Based on Ctty Ordtnance/pohcy or procedure) as of October 29, 2002, was distributed relattve Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Vtrgtnta Beach and the Commonwealth of I/trgtnta Satd tnformatton ts hereby made a part of the record The Ctty Manager advtsed items to be anttctpated tn the FY 2004-2005 Operating Budget VRS rate, projected 1-1/4% tncrease I/RS hfe tnsurance, projected 1% tncrease Roll-over tmpacts January Health Insurance tncrease Mertt tncrease of 3 65% $ 2 &MILLION $ 2 2-MILLION $ 1-MILLION $ 3 4-MILLION Market Survey Adjustments Mertt tncrease 3 65% (next year) $ 1 5-MILLION $ 6 2-MILLION ADDITIONAL COST FY 2004-2005 $17.1-MILLION Fagan Stackhouse, Dtrector of Human Servtces, advtsed there are approxtmately 1, 739 part-time City employees. The part-ttme employees recetved a pro rated leave plus Hohdays, based on years of servtce Councdman Vtllanueva suggested employees be surveyed to determtne their preference The majortty of Ctty Council chose the option of mcreastng merit from 3.65% to 4.05% effective July 1, 2003, to utthze the funds tn health care reserve An Ordtnance relattve thts health care reserve option of increasing merit shall be scheduled for the Cay Counctl Sesston of October 7, 2003 September 23, 2003 - 13- AGENDA RE VIEWSESSION 4:38 P.M. ITEM # 51692 d 1 Ordtnance to AMEND and REORDAIN~ 1 O-1 of the Ctty Code re a Create newprectncts andpolhngplaces b Modtfyprecmctboundartes c Change extsttngprectnct names andpolhngplaces Mayor Oberndorf advtsed there are eighty-six (86)pollingplaces ITEM # 51693 .12 Or&nance to AMEND 3~ 35-70 thru 35-74 of the City Code re real estate tax by provtdtng partial exemptions for certatn rehabthtated, renovated, replacement commerctal or industrial structures The exempttons wtll be hmtted to defined Dtstrtcts tn the Ctty Counctlman Wood tnqutred who defines these Dtstrtcts tn the City The Czty Manager advised this would be decided on a case-by-case basts as adopted by Ctty Counctl Vtce Mayor Jones tnqutred relattve the defimtton of commerctal and tndustrtal structures Asststant Ctty Attorney Larry Spencer advtsed thts ts not defined tn the State Code Mr Ltlley advtsed the Zomng Ordinances can be utthzed as a gutdehne There ts a posstbthtyfor a mtxed use tn certatn sttuattons ITEM # 51694 .14 Ordtnance AUTHORIZING a non-btndtng MEMORANDUM OF UNDERSTANDING (MOU) between Hampton Roads Transit (HRT) and the Ctty re negottatton of process to acqutre rtght-of-way from Norfolk Southern Ratlway Company Counctl Lady McClanan tnqutred relattve the composttton of the negottatton team The Ctty Attorney has requested the resumes of the two consultants who are leadtng this team Jtm Lawson, Pubhc Works - Real Estate, has been selected as the City's representative The City Attorney advised the legal representatton needs to have experttse tn real estate acqutsttton tssues Counctl Lady McClanan would hke an attorney to represent our Ctty Donald Clark ts the legal counsel for Hampton Roads Transtt (HRT) The Ctty Attorney advtsed Mr Clark ts sktlled tn real estate acqutstttons Thts ttem wtll be DEFERRED for two weeks, unttl the Ctty Counctl Sesston of October 7, 2003 September 23, 2003 - 14- AGENDA RE VIE W SESSION ITEM # 51695 J5 Ordinance to DECLARE EXCESS PROPERTY at 1876 Wildwood Drive, and AUTHORIZE the City Manager to convey this property to Baymark Construction Corporation The City Manager advised these funds would offset the loss on the Bonney Road property ITEM # 51696 J9 Or&nance to TRANSFER $100,000 from various buildings rehabilitation and renewal to Pendleton parking lot expansion and public restroom facthttes at Croatan Beach. Councilman Maddox requested this item be DEFERRED until the City Councd Session of October 7, 2003 Mayor Oberndorf inquired relative the State giving a commitment to build an entrance across Pendleton for the parking lot, so inchvtduals would not have to go through Croatan Councilman Maddox advised thts permission has not been granted The State wishes to sell the property Robert Matthias, Assistant to the City Manager, advised re City Council's continuing desire to control the rest of Camp Pendleton reside the main fence The State has responded with an agreement, tn principal, that they will accept an appraiser The City will select an appraiser and a price will be coordinated to include deed restricttons, similar to the other properttes outside the main post It will probably entail a year to even agree on a price The property encumbered by the Mthtary Command would not be purchased The Governor and National Guard have advised access will not be granted from Btrdneck Road to the parktng lot while the City ts negotiating to purchase the property The staff shall provide a report relative restrooms equipped with showers and dressing rooms for locations along the Resort Area ITEM # 5169 7 BY CONSENSUS, the following shall compose the CONSENT AGENDA: ORDINANCES Ordinance to AMEND and REORDAIN 3~ 10-1 of the City Code re a Create new precincts andpolhngplaces b Modify precinct boundaries c Change existing precinct names andpolling places September 23, 2003 ,12 ,13 ,14 ,15 ,16 ,17 .18 - 15- AGENDA RE VIE W SESSION ITEM # 5169 7 (Continued) Ordinance to AMEND 3~3~ 35-70 thru 35-74 of the Ctty Code re real estate tax by provtdtng partial exemptions Jo~ certatn rehabthtated, renovated, replacement c'ommerctal or tndustrtal structures Ordinance CONFIRMING the City Manager's declaration of a local emergency due to the imminent threat of &saster posed by Hurricane Isabel Ordinance ,4 UTHORIZING a non-btndtng MEMORANDUM OF UNDERSTANDING (MOU) between Hampton Roads Transtt (HRT) and the Ctty re negottatton of process to acqutre rtght-of-way from Nor/olk Southern Ratlway Company Ordinance to DECLARE EXCESS PROPERTY at 1876 Wl/dwood Drtve, and A UTHORIZE the Ctty Manager to convey thts property to Baymark Construction Corporation Ordinance to AUTHORIZE thepurchase of l 50 acres of rea [ property from R OBER T LESLIE FLOWERS, JR.. for $18,000 to estabhsh a neighborhood park at the sott/hern end of Pocasset Court, The Lakes, and AUTHORIZE the executton of all necessary documents (DIS'TRICT- 3 ROSE HALL) Ordinance to AUTHORIZE the Ctty Manager to exerctse the 2001 Option Agreement and the purchase of real property from THIS and THAT, LTD. at Rudee Loop, EXECUTE all necessary documents for thts purchase at $400,000 less the $50,000 option payment, and, AUTHORIZE lease of thts property Ordinance to ACCEPT and APPROPRIA TEa $I 75,115 gra/tt from the Federal Bureau of Justtce Asststance and TRANSFER o, ,~ ~ ~ o., o~,~,.,o~ $19,457 from the General Fund Reserve for Contmgenctes wtth tncrease federal revenue accordtngly re law enforcement (LLEBG) Commumty Correcttons General Dtstrtct Court Magtstrate's Office Pohce Department Shertff's Department $20,988 $25,000 $ 3,187 $97,620 $47,777 September 23, 2003 -16- ,4 GENDA RE VIE W SESSION ITEM # 5169 7 (Continued) J9 Ordinance to TRANSFER $100,000 from vartous bull&ngs rehabthtatton and renewal to Pendleton parking lot expansion and public restroom facthttes at Croatan Beach. Item J 4 shall be DEFERRED, B Y CONSENT, unttl the Ctty Counctl Sesston of October 7, 2003 Item J 9 shall be DEFERRED, BY CONSENT, until the Ctty Councd Sesston of October 7, 2003 September 23, 2003 17- AGENDA RE VIE W SESSION ITEM # 51698 K5 Apphcattons ofF. DONALD REID at 3592 Inchan Rtver Road (DISTRICT 7- PRINCESS ANNE) Change of Zomng Dtstrtct Classtficatton from AG-1 and AG-2 Agrtcultural Dtstrtcts to Condtttonal R-20 Restdenttal Dtstrtct Vartance to ~ 4 4 (b) of the Subchvtston Ordinance that requtres all newly created lots meet all the requtrements of the Ctty Zomng Ordtnance (CZO) c Condtttonal Use Permttfor Open Space Councdman Reeve requested thts ttem be DEFERRED INDEFINITELY In December 2002, the Department of Defense put forth a new dtrecttve regar&ng atrcrafi tmpact, and that dtrecttve discourages the locatton of any restdenttal development tn the 65-75 dB area In so dotng, the dtrecttve contradtcts the Ctty's zontng ordmance whose adoptton the Navy encouraged Counctl Members Maddox and Reeve wtshed to confer wtth the Navy relattve this change tn dtrecttve Mayor Oberndorf advtsed the Navy ts aware of the very vocal group tN the City whtch objects to high norse and they are cauttontng agatnst the mistake of zoning for residential tn a 70-75 dB area The Ctty Manager dtstrtbuted a chronology of events tn whtch the Department of Planmng substanttated the recommendation of the staff to approve the apphcattons ofF. DONALD REID Said chronology ts hereby made a part of the record Council Lady Wdson stated as the Mayor and Vtce Mayor are the Mtlttary Ltatsons, they should be tnvolved tn any chscusstons Counctlman Reeve asked that he be mcluded as well ITEM # 51699 K6 Apphcatton of VILLAGE CHURCH for a Condtttonal Use Permtt for a church on the south stde of lnchan Rtver Road, east of Elbow Road (DISTRICT 1 - CENTER VILLE) Counctl Lady Eure dtstrtbuted coptes of correspondence provtded by Ctty Staff and requested these be tncluded wtth the pubhc record Correspondence references concerns relattve ahgnment of Southeastern Parkway The apphcant acknowledges the development of the proposed Southeastern Parkway wtll hmtt thetr use of the property Con&tton 4 states All requtrements for rtght-of-way reservattons shall be deptcted on the final stte plan and all new structures shall meet all setbacks Jrom these reservattons Council Lady Wilson will vote NAY September 23, 2003 -18- AGENDA RE VIEW SESSION ITEM # 517O0 BY CONSENSUS, the followmg shall compose the CONSENTAGENDA: PLANNING K1 Ordtnance to AUTHORIZE a temporary encroachment tnto portions of the Ctty's rtght-of-way known as Lake Wesley by JOSEPHM., JR. and LORIANNE HANLEY to construct and matntatn a fixed pier, floating pier, boat lift and mooring piles at 541 Vtrgtnta Dare Drtve tn Croatan Beach (DISTRICT 6- BEACH) K2 Apphcatton of STEVEN and JUDITH PAPARIELLO for the dtscontmuance, closure and abandonment of a portton of an alley adjacent to 837 Vanderbtlt Avenue, on the north stde of Lockheed Avenue (DISTRICT 6- BEA CH) K3 Apphcatton of L YNNHA VEN BLOCK ASSOCIATES, L.L.C. for the Modification to a Change of Zomng Dtstrtct Classtficatton (approved by City Counctl on July 14, 1998), at 2061, 2077, 2085 and 2093 Lynnhaven Parkway (DISTRICT 1 - CENTER VILLE) K4 Appllcatton of RAYMOND, SR. and MARILYNL CAFFEE for a Change qf Zontng Dtstrtct Classtficatton from A-12 Apartment Dtstrtct to R-5D Restdenttal Duplex Dtstrtct at 5019 Bonney Road (DISTRICT 2 - KEMPSVILLE) K5 Apphcattons ofF. DONALD REID at 3592 Inchan Rtver Road (DISTRICT 7- PRINCESS ANNE) Change qf Zontng Dtstrtct Classtficatton from AG-1 and AG-2 Agrtcultural Dtstrtcts to Condtttonal R-20 Restdenttal Dtstrtct Vartance to 3~ 4 4 (b) of the Subdtvtston Ordtnance that requtres all newly created lots meet all the requtrements of the City Zonmg Ordtnance (CZO) c Conchttonal Use Permtt. for Open Space September 23, 2003 -19- AGENDA RE VIE tV SESSION ITEM # 51700 (Continued) K6 Apphcatton of VILLAGE CHURCH for a Conchttonal Use Permtt for a church on the south stde of lndtan Rtver Road, east of Elbow Road (DISTRICT 1 - CENTER VILLE) K7 Apphcatton of BAYSIDE BAPTIST CHURCH for a Condtttonal Use Permit for a church (addttton) and preschool at 1920 Pleasure House Road (DISTRICT 4- BA YSIDE) K8 Apphcatton of ABUNDANTHARVEST CHURCH for a Condtttonal Use Permtt. fora church at 603 7 Provtdence Road, Sutte 1 (DISTRICT 1 - CENTER VILLE) K9 Apphcatton of GREA T NECK BAPTIST CHURCH for a Con&ttonal Use Permttfor a church (expanston) at 1020 General Jackson Drtve (DISTRICT 5 - L YNNHA VEN) KIO Apphcatton of SHARON GOLESH for a Condtttonal Use Permtt for a rtdtng academy, horses for htre and boardtng and a recreattonal faclhty of an outdoor nature (rtdtng camp) at 2508 West Landing Road (DISTRICT 7- PRINCESS ANNE) Kll Apphcatton of OMNIPOINT/T-MOBILE for a Condtttonal Use Permtt /'or a communtcatton tower at 2287 Wmdy Pmes Bend (D£gTRICT 7- PRINCESS ANNE) K12 Apphcatton of CORDIE L. MARTIN for a Condtttonal Use Permtt for a famdy care home (home daycare) at 3520 Sandy Point Key (DISTRICT 5 - L YNNHA VEN) Item K 5 wtll be DEFERRED INDEFINITEL Y, B Y CONSENT Counctl Lady Wtlson wtll vote NAY on Item K 6 Counctl Lady McClanan wtll vote NAY on Item K I1 and K 12 September 23, 2003 - 20- CITY COUNCIL COMMENTS 5:2 7 P.M. ITEM # 51701 Councdman Reeve referenced Or&nance to AMEND of the C~ty Zomng Or&nance (CZO) 3~ 401 re farm stands as accessory uses m the ,4G-I and AG-2 ,4 grtcultural Zomng Dtstr~cts (DEFERRED ]NDEFINITELY on September 9, 2003 Councdman Reeve has conferred wtth dack Whttney, D~rector of Agrwulture The ,4grtculture Reserve Commission &d not have any concern relative ttems to be sold Councdman Reeve requested thts ~tem be SCHEDULED for the Ctty Councd Session of October 7, 2003 ITEM # 51702 Councd Lady Eure referenced the correspondence of the Ctty Manager relative Retail Consultants The City Manager wdl advtse the total of these funds whtch wdl be dertved from the Development Authortty Mayor Oberndorf and Councd Lady McClanan had requested tnformatton relattve a method to sttmulate the retad tndustry ITEM # 51703 Councd Lady kVdson tnqulred relattve the status of the admtmstratton of Trustee Taxes Mayor Oberndorf had appotnted Vtce Mayor dones and Councd Lady McClanan to serve as Ltatsons to revtew the tssues Vtce Mayor Jones and Councd Lady McClanan presented a report and recommendattons on Aprd 15, 2003, relattve the admtntstratton of the Trustee Taxes. The Ctty Manager advtsed meetmgs have been conducted wtth the Ctty Treasurer and Commtsstoner of Revenue Davtd Sulhvan, Chtef lnformatton Officer, has been coordtnattng and wdl provtde a status report September 23, 2003 -21 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 23, 2003 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Councd Chamber, Ctty Hall Budding, on Tuesday, September 23, 2003, at 6 O0 P M Councd 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, Ron A Vtllanueva, Rosemary Wilson and James L Wood Councd Members Absent None INVOCATION Dr Dwight Chrtstenbury Pastor-Ftrst Presbytertan Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA September 23, 2003 Item V-F. 1. - 22 - MINUTES ITEM # 51704 Upon motion by Councthnan Wood, seconded by Counctlman Reeve, City Council APPROVED, AS CORRECTED, the Mmutes of the INFORMAL and FORMAL SESSIONS of September 9, 2003. ITEM # 51682, Page 50 O~INANCE UPON APPLICATION OF BERKSHIRE-HUDSON CAPITAL XI, LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 AND R-5D TO CONDITIONAL B-2 Z09031159 Vottng 8-1 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, [5ce Mayor Louis R Joiies, 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 Counctl Members Absent Vice Ma,,or Louis 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 appltcatton submttted by Berkshtre-Hudson Capttal XI, LLC (Berkshtre-Hudso~0 for property located at the northeast corner of Salem Road and Independence Boulevard The nature oJ ~us personal tnterest ts that he has an ownership tnterest tn Holloman-Brown Funeral Home, Inc , whtch exceeds three percent of its total eqmty Holloman-Brown has entered tnto a contract wtth Berkshtre-Hudson to sell a 4 964 acre parcel of property located at the tntersectton of Independence Boulevard and Salem Road Berkshtre-Hudson has apphed for a change tn zomng which, tf approved, would allow construction 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 Holloman-Brown could reahze a benefit or detrtment as a result of thts transactton gtce Mayor Jones letter of September 9, 2003, ts hereby made a part of the record (However, Vice Mayor Jones was Absent for the Vote). September 23, 2003 - 23 - Item V-F. 1. MINUTES ITEM # 51704 (Continued) 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 Srhmtdt, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent None Council Members Abstaining: Ron A Vdlanueva Councilman Vtllanueva ABSTAINED as he was not tn attendance during the Ctty Counctl Sesston of September 9, 2003 September 23, 2003 - 24 - Item V-G. ADOPT A GENDA FOR FORMAL SESSION ITEM # 51705 BY CONSENSUS, City Cozmcd ADOPTED: AGENDA FOR THE FORMAL SESSION September 23, 2003 Item V-H. 1. - 25 - PUBLIC HEARING ITEM # 51706 Mayor Oberndorf DECLARED A PUBLIC HEARING: 2004 COMMUNITY LEGISLATIVE PA CKA GE The followtng regtstered to speak Bratn Ktrwtn, 304 Crtpple Creek Court, Phone 463-0399, Dtrector- Vtrgtnta Beach Counctl of Ctvtc Organtzattons, and regtstered tn SUPPORT. Wtlham Barley. 4841 Rosecrofi Street. Phone 495-063 7. Prestdent- Vtrgtnta Beach Ftrefighters Assoctatton and representattve of the Vlrgtma Beach Coahtton of Pubhc Employees. regtstered tn OPPOSITION to Non-Funding ttem for Pohttcal Actlvtttes of Local Government Employees The Ctty Attorney advtsed the ttem relative Political Activities for Local Government Employees can be changed to parallel the la.guage re pohttcal acttvtttes of the Vtrgtnta Beach School Board The Ctty Attorney requested Ctty Counctl DEFER unttl October 14. 2003. Legtslattve Item 4 (2004 Communtty Legtslattve Agenda) under Non-fundtng ttems Condtttonal Use Permtts for ABC Ltcenses. unttl the Planntng Commtsston has submttted thetr recommendatton, but no later than November 25. 2003 If ADOPTED. by Ctty Council. tt could be added to the Legtslattve Package tn ttme for the upcomtng General Assembly Sesston The Ctt~v Attorney's correspondence of September 23. 2003. ts hereby made apart of the record Thts DEFERRAL wtll enable further dtscusston wtth the Vtrgtnta Beach Restaurant Assoctatton The Ctty Manager advtsed the Vtrgtma Beach Health Servtces Advtsory Board has requested removal of the regulatton of the tanmng facthttes item from the 2004 Communtty Legtslattve Agenda The Board and the Vtrgtnta Beach Departme~tt of Pubhc Health wtll work with the tanntng tndustry over the next year to develop posstble regulations and/or legtslatton for the 2005 Communtty Legtslattve Agenda There betng no further speakers. Mayor Oberndorf CLOSED THE PUBLIC HEARING September 23. 2003 - 26- Item V-H.2. PUBLIC HEARING ITEM # 5170 7 Mayor Oberndorf DECLARED ~4 PUBLIC HEARING: PRECINCT BOUNDARIES and PLACES a. Create new precincts and polling places b. Modify precinct boundaries c. Change existing precinct names and polling places There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING September 23, 2003 -27- Item V-H.3. PUBLIC HEARING ITEM # 51708 Mayor Oberndorf DECLARED A PUBLIC HEARING: EXCESS PROPERTY- 1876 Wildwood Drive There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING September 23, 2003 Item V-I. - 28- PR OCL,4MA TION. ITEM # 51709 Mayor Oberndorf PROCLAIMED: September 29 - October 3, 2003 Race Equality Week The Nattonal League of Ctttes ts commttted to promottng ractal equahty andjusttce as a fundamental aspect of a healthy commumty and has urged local officials across the country to join together tn a national campatgn to promote ractal equahty andjusttce By Act of Congress of the Untted States dated,luly 2, 1964, the Ctvtl Rights Act of1964 was adopted banmng dtscrtmtnatton because of aperson 's color, race, national ortgtn, rehgton or sex The Nattonal League of Czt~es has tnv~ted locahttes to renew thetr commitment to ensurtng ractal equahty and justtce for all durmg the week of September 29, 2003, by reporttng on successful programs and announcing spect[~c actton plans for the coming year September 23, 2003 Whereas The HatwnalLeague of Otzes u commztted to promotzng ractal equafity andJustzce as a fundamentalaspect ora healthy commumty andhas ~rgedlocaroffioals across the country toJozn together zn a natzonalcampa~gn to promote raotal equahty and Justwe, and Whereas (ByAct of Congress of the ~OmtedStates datedJuly 2, 1964, the OvdR~ghtsAct of 1964 was adopted banmng ducnmmatwn because of a person's color, race, natwnalortgzn, rel~zon, or seX~ and gVhereas (ByAct of Congress of the ~)nztedStates datedJuly 9, 1868, the 14th Amendment of the Constztutzon of the vnztedStates gzves allpersons born ornaturafizedzn the UmtedStates the right to due process aml equalprotectzon under the law, and Whereas The Vzrg~nm (Beach Human Rzghts Commuswn serves as a posztzve advocate for human rights m our commumty and promotes mutual understandzng and respect among cttzzens, and Whereas The ~v'atzonalLeague of Otzes has znwtdlocal~tzes to renew their commztment to ensurmg raoal equal~ty andJustzce for all dunng the week of September 29, 2003 6y reporting on successfulprograms andannounctng specific actwn plans for the com;ng year How, Therefore, L Meyera B, Oberndorf, Mayorof the Otty of Vzrgznm (Beach, Vzrgzma, do hereby Proclazm September 29 - October 3, 2003 Race Equality Week In Vtrgzn~a cbeach, and l reaffirm my commztment to ensunng raoal equal~ty and Justice m our commumty and to vaorf~ng ~th the Hatwnal League of Or,es to sustain this commztment throughout the country I further urge all Owc Leagues and Ot~zens to support efforts that declare raosm unjust and that advocate equal nghts for all In g44tness Whereof, I have hereunto set my hand and causal the Ofj~cmlSeal of the Oty of Vzrgznza (Beach, Vtrgmza, to be affixed thu qv~rst day of August, T~vo Thousand Three Mayor - 29- Item V-J. ORDINANCES ITEM # 51710 Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, Ctty Councd APPROVED IN ONE MOTION Or&nances 2, 3, 4 (DEFER), 6, 7, 8 and 9 (DEFER) of the CONSENTAGENDA. Item 4 wall be DEFERRED, BY CONSENT, untd the Ctty Councd Sesston of October 7, 2003 Item 9 wdl be DEFERRED, BY CONSENT, untd the Ctty Councd Sesston of October 7, 2003 Vottng 11-0 (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, Ron A Vtllanueva, Rosemary Wdson and James L Wood Council Members Vottng Nay None Councd Members Absent None September 23, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE TO AMEND AND REORDAIN THE CITY CODE PERTAINING TO THE CREATION OF EIGHT NEW VOTING PRECINCTS AND POLLING PLACES, MODIFICATIONS OF PRECINCT BOUNDARIES, AND CHANGES OF PRECINCT NAMES AND POLLING PLACES SECTION AMENDED: ~ 10-1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 10-1 of the City Code is hereby amended and reordained, to read as follows: Sec. 10-1. Establishment of precincts and polling places. There are hereby established in the city the following precincts and their respective polling places, as set forth below: Precinct Alanton Aragona Arrowhead Woodstock Avalon Baker Bayside Bellamy Blackwater Bonney Brandon Brookwood Buckner Polling Place Alanton Elementary School Kemps Landing Magnet School Arrowhead Elementary School Avalon Church of Christ Heritage United Methodist Church Bayside Elementary School Salem Middle School Blackwater Fire Station Center for Effective Learning Brandon Middle School Brookwood Elementary School Holy Spirit Catholic Church 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 Cape Henry Capps Shop Centerville Chesapeake Beach College Park Colonial Colony Corporate Landing Courthouse Creeds Cromwell Culver Dahlia Davis Corner Eastern Shore Edinburgh Edwin Fairfield Foxfire Glenwood Great Neck Green Run Holland Research and Enlightenment Building (Edgar Cayce Library) Back Bay Christian Assembly Centerville Elementary School Bayside Baptist Church College Park Elementary School Colonial Baptist Church Lynnhaven Colony Congregational Church Corporate Landing Middle School Courthouse Fire Station Creeds Fire Station Salem United Methodist Church Ocean Lakes High School Green Run High School Berrie F. Williams Elementary School Eastern Shore Chapel St. Aidan's Episcopal Church Kempsville Recreation Center F=i=fie~u ~l=~,L=~=ary School Kempsville Presbyterian Church Princess Anne Middle School Glenwood Elementary School All Saints Episcopal Church Green Run Elementary School Holland Elementary School 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 Homestead Hunt Indian Lakes Kings Grant Kingston Lake Smith Landstown Larkspur Linkhorn London Bridge Lynnhaven Magic Hollow Malibu Manor Mt. Trashmore North Beach Ocean Lakes Ocean Park Oceana Old Donation Pembroke Plaza Pleasant Hall Providence Presbyterian Church Princess Anne Recreation Center Indian Lakes Elementary School St. Nicholas Catholic Church Kingston Elementary School Bayside Church of Christ Landstown Community Church St. Andrews United Methodist Church Virginia Beach Community Chapel London Bridge Baptist Church Grace Bible Church Roma Lodge No. 254 Malibu Elementary School Providence Elementary School Windsor Woods Elementary School First Baptist Church of Virginia Beach Galilee Episcopal Church Ocean Lakes Elementary School Bayside Community Recreation Center Scott Memorial United Methodist Church Old Donation Center for Gifted Pembroke Elementary School Lynnhaven Elementary School Kempsville Baptist Church Pleasant Hall Annex 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 Point O'View Red Wing Reon Rock Lake Rosemont Forest Roundhill Rudee Seatack Shannon Shelburne Shell Shelton Park Sherry Park Sigma South Beach Stratford Chase Strawbridge Tallwood Thalia Thoroughgood Timberlake Trantwood ~pton Kempsville Church of Christ Seatack Elementary School Birdneck Elementary School Woodstock Elementary School Salem Elementary School Rosemont Forest Elementary School Salem High School Virginia Beach Volunteer Rescue Squad Building Seatack Community Recreation Center Church of the Ascension Christopher Farms Elementary School Unity Church of Tidewater Shelton Park Elementary St. Matthews Catholic Church St. John the Apootle Catholm~ ~u=~l Red Mill Elementary School Contemporary Art Center of Virginia Providence=~=l,,=~~ ..... ~ary School Community United Methodist Church Strawbridge Elementary School Tallwood Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church St. John the Apostle Catholic Church 108 Village Thalia Lynn Baptist Church 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 Windsor Oaks Windsor Oaks Elementary School Witchduck Bayside Presbyterian Church Wolfsnare Virginia Beach Christian Life Center Central Absentee Voter Precinct Agriculture/Voter Registrar Building BE IT FURTHER ORDAINED: That the following precinct boundary changes, as described below and set forth in greater detail in the maps labeled "Precinct Boundary Changes" filed with the City Clerk on September 23, 2003, are hereby approved' Precinct Name Change (a) Indian Lakes New precinct (re-used name), results from splitting Bellamy precinct east of Pleasant Valley Road. (b) Pleasant Hall New precinct, created by splitting Bonney precinct south of Bonney Road. ( c ) Reon New precinct, results from splitting College Park east of Level Green Boulevard. (d) Rock Lake New precinct, created by splitting Old Salem precinct north of Salem Elementary School. (e) Shelburne New precinct, results from splitting Landstown north and east of Holland Road. (f) Strawbridge New precinct (re-used name), created by splitting Hunt precinct north of Windy Pines Bend. 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 (g) Tallwood (h) Upton (i) Sigma ( j ) Brookwood (k) Culver ( 1 ) Timber la ke (m) Rosemont Forest (n) Cromwell New precinct, includes portion of Brandon precinct south of Brandon Boulevard and west of Centerville Turnpike and southern portion of Centerville precinct. New precinct, includes portion of Culver precinct west of Upton Drive and a portion of Sigma precinct west of Elson Green Avenue. Consists of the remaining existing Sigma precinct east of Elson Green. Portion of London Bridge precinct west of Lynnhaven Parkway to be added. Portion of existing Ocean Lakes precinct east of Bold Ruler added; portion of Culver west of Upton Drive to be made part of new Upton precinct. Portion of Dahlia precinct south of Dahlia Drive to be added to Timberlake precinct. Portion of Glenwood precinct east of Round Hill Drive and north of Ware Neck Drive to be added. Consists of Old Salem precinct south of Salem Elementary School. 170 171 172 173 174 BE IT FURTHER ORDAINED: That the changes to precincts and polling places contained in this ordinance shall not be effective until after the November 3, 2003 general election and approval by the U. S. Department of Justice. 175 176 177 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 23rd day of September, 2003. CA-9008 DATA/ORDIN/PROPOSED/10-1ord.wpd R3 September 10, 2003 - 31 - Item V-J.Z ORDINANCES ITEM # 51 712 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, City Council ADOPTED Orchnance to AMEND ~ 35-70 thru 35-74 of the Ctty Code re real estate tax by provtdtng partial exemptions for certam rehabthtated, renovated, replacement commercial or tndustrtal structures Vottng 11-0 (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, dtm Reeve, Peter W Schmtdt, Ron A. Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Councd Members Absent None September 23, 2003 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO REAL ESTATE TAX BY PROVIDING PARTIAL EXEMPTIONS FOR CERTAIN REHABILITATED, RENOVATED OR REPLACEMENT COMMERCIAL OR INDUSTRIAL STRUCTURES SECTIONS ADDED' §§ 35-70, 35-71, 35-72, 35-73 AND 35-74 10 11 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 35-70, 35-71, 35-72, 35-73 and 35-74 of the City Code are hereby added to read as follows: DIVISION 3.1 EXEMPTION FOR CERTAIN REHABILITATED, RENOVATED OR REPLACEMENT COMMERCIAL OR INDUSTRIAL STRUCTURES 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sec. 35-70. Partial tax exemption for certain substantially rehabilitated, renovated or replaced commercial or industrial structures; policy and intent. It is the purpose of this division to implement the provisions of Article 3, Chapter 32 of Title 58.1 of the Code of Virqinia to permit the city to allow a partial tax exemption for certain substantially rehabilitated, renovated or replaced commercial or industrial structures. The exemption will (1) provide an economic incentive for improvement of real estate and (2) prevent deterioration and decay that is harmful to the health and welfare of the city and its residents. This division establishes a procedure for property owners within certain designated areas in the City of Virqinia Beach to obtain partial real estate tax exemptions for certain substantially rehabilitated, renovated or replaced commercial or industrial structures. The eligibility 29 30 31 criteria and the term of the exemption shall be established by ordinance for each district and may vary to reflect different property and economic conditions in the city. 32 33 34 35 36 37 Sec. 35-71. Definitions For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them by this section. Assessor: Real estate assessor for the City of Virginia Beach. Base value: The assessed value of the structure as of July 1 38 39 40 41 during the tax year in which the rehabilitation, renovation or replacement of the structure beqins. Exemption: The real estate taxes resulting from the increase in the assessed value of a commercial or industrial 42 43 44 45 structure that is determined by the assessor to be directly attributable to the substantial rehabilitation, renovation or replacement of the structure. Exemption districts: Described zones or districts with 46 47 48 49 50 boundaries determined by the City Council in which qualifying property may be partially exempted from real estate pursuant to the terms of this division or as provided for the district. Owner: Ail persons or entities holding title to real estate with a commercial or industrial structure or structures thereon for 51 which an exemption is requested, including persons or entities with 52 53 54 55 56 57 58 59 6O a leasehold interest as defined by ~ 58.1-3203 of the Code of Virginia. Rehabilitated structure: An existing commercial or industrial structure, no less than twenty (20) years of age, located in an exemption district that has been substantially rehabilitated or renovated, or a replacement commercial or industrial structure located in an exemption district that replaces an existinq structure of no less than twenty (20) years of age. Each district shall have criteria established for the level of improvements 61 62 63 64 required for the structure(s) that will be rehabilitated, renovated or replaced. Rehabilitation: Rehabilitation, renovation or replacement of an eligible structure. 65 66 67 68 69 70 71 72 73 Sec. 35-72. Partial exemption from taxation for certain rehabilitated, renovated or replacement structures. (a) Exemption authorized amount: Partial exemption from real estate taxes is hereby authorized for qualifying property rehabilitated in accordance with the criteria set out in Article X, Section 6, Paragraph (h) of the Constitution of Virginia and ~§ 58.1-3220.1 and 58.1-3221 of the Code of Virginia of 1950, and this division. The partial exemption shall be an amount equal to the increase in assessed value resulting from rehabilitation of an 74 eligible commercial or industrial structure as determined by the 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 assessor. (b) Procedure to obtain exemption: (i) The application shall be on a form created and supplied by the assessor. Applications must be filed with the assessor prior to the commencement of any rehabilitation for which an exemption is sought. No structure shall be eliqible for exemption unless the appropriate building permits have been obtained. (ii) Upon receipt of an application for partial tax exemption, the assessor shall determine the base value of the existinq structure. (iii) The application to qualify for tax exemption shall be effective until June 30 of the second calendar year followinq the year in which application is submitted. If by such expiration date rehabilitation has not progressed to such a point that the assessed value of the structure is at least forty (40) percent greater than the base value of such structure to retain such eligibility, a new application to qualify for tax exemption must be filed and a new base value established. 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 (iv) The initial application to qualify for the rehabilitated structure tax exemption, and any subsequent application, must be accompanied by a payment of a fee of one hundred dollars ($100.00), which shall be applied to offset the cost of processing the application, making required assessments, and inspecting the progress of the work. (v) Durinq the period between the receipt of the application and the time the assessor ascertains that the structure has increased so that it qualifies for the exemption authorized by this article, the property shall be subject to taxation upon the full value of the existing improvements to the property. (vi) Any tax exemption shall become effective on the date of the next deadline for payment of real estate taxes following completion of the rehabilitation, renovation or replacement. (c) Vacant Land: Improvements on vacant land are not eligible (d) Credit on tax bill: The owner or owners of property qualifying for partial exemption of real estate taxes under this division shall be credited on the tax bill for the property in 121 the amount of the difference between the taxes computed upon the 122 base value and the initial rehabilitated assessed value of the 123 124 125 126 127 128 129 130 131 132 property for each year of the partial exemption from real estate taxes. The amount of this credit shall not increase, even if the assessed value later increases. (e) Decrease in assessment' If a qualifying property's assessed value decreases after the first year of any rehabilitation, the amount of the exemption shall be reduced to the difference between taxes computed on the base value and the decreased assessed value of the property. (f) Exemption to run with land: The exemption from taxation authorized by this division shall run with the land. 133 134 135 136 137 138 139 140 141 142 143 Sec. 35-73.Assessor to provide exemption information; exemptions not to be set out in land book. (a) By August 15th of each year of the period of exemption from real estate taxes, the assessor shall notify the city treasurer of the exemption and the amount to be credited to the owner's tax bill. (b) Pursuant to Code of Virginia ~ 58.1-3221(c), the commissioner of the revenue shall not list or display any exemption provided by this division in the land book. (c) The assessor shall make available application forms in the assessor's office, in the office of the permits and inspections 144 145 146 division of the planning department and on the city's website for use by property owners who propose to rehabilitate qualifyinq structures. 147 148 149 150 151 152 153 154 155 156 Sec. 35-74. Same--Forfeiture of exemption; penalty and interest. (a) The partial exemption for each tax year shall be conditioned upon the payment of the nonexempt amount of real estate taxes on the property on the payment deadlines of each tax year; if, through the fault of the owner, these real estate taxes are not paid on or before these deadlines, the partial exemption for that tax year shall be forfeited. (B) Late payments shall be subject to the penalty and interest provisions of section of 35-37 of this code, with penalty and interest calculated on the total amount of taxes due as if the 157 158 159 160 property were not exempt. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 23rd day of September, 2003. CA-8710 DATA/ORDIN/PROPOSED/35-070ord.wpd RI0 - September 3, 2003 POLICY REPORT: Partial Tax Exemption For Redevelopment Backqround Protecting the tax base and the well being of the overall economy ~s a key goal of all commumbes. As V~rg~ma Beach begins to mature, th~s goal w~ll become increasingly ~mportant and effecbve tools are needed to provide mcenbves for redevelopment and rehab~htabon of ex~stmg properbes ~n order to preserve and expand the tax base These measures are needed to stab~hze the assessments of under- performing properbes and w~ll, hopefully, bnng economic prospenty back to the structure or redeveloped property Currently, the C~ty only has provisions to grant tax credits for redevelopment of ehg~ble properties that are "h~stoncally s~gn,flcant" Wrgm~a Code secbon 58 1-3221 allows Iocal~bes to adopt ordinances for the parbal exempbon from taxabon of commercial and mdustnal real estate However, the Code does prescribe m~n~mum cntena for ehg~b~hty The structure to be ~mproved can be no less than 20 years old for commercial or mdustnal, unless the structure resides ~n an area designated by the State as an Enterpnse Zone, ~n which case, the structure can be no less than 15 years old. The parbal exempbon cannot exceed the amount equal to the incremental increase ~n the assessed valuabon resulbng from the rehab~htabon or redevelopment or ~t cannot exceed 50% of the cost of rehabd~tat~on or redevelopment. There are prows~ons ~n th~s secbon of V~rg~n~a Code that permit Iocal~bes to estabhsh criteria for determining whether the structure (vacant land and land assessments cannot receive exempbons) quahfles for the part~al tax exempbon w~th~n prescribed geographical d~stncts Restricting the ehg~b~hty cntena w~ll g~ve the C~ty control over the types of structures that qualify for part~al exemption of real estate taxes. Criteria can be estabhshed to ensure that only property ~n carefully selected areas m need of redevelopment wtll benefit from these prows~ons. Considerations By hm~tmg the ehg~b~hty requirements, the C~ty can control the type and quahty of redevelopment that ts desired to preserve and grow the tax base as well as not providing ~ncenbves to property that would have been redeveloped or replaced w~thout a parbal tax exemption. Wh~le th~s code provision can be used as a tool to prowde mcenbves for redevelopment, ~t can also be m~sused on properbes that would have been redeveloped regardless of any pubhc mcenbve and thereby, needlessly grant an exempbon and reduce the tax y~eld Estabhsh~ng meaningful ehg~b~hty requirements ~s crucial to the effecbveness and success of the program The success of the program can be measured by meeting the following goals S~gn~flcant pubhc benefit would not have occurred w~thout investment from both the private and pubhc sectors ~n the redevelopment project. The redevelopment project wdl encourage s~m~lar ~nvestment ~n the surrounding area The loss of exempted tax revenue w~ll be offset by the creabon of new tax revenues generated from the project Operational: The ehg~b~hty requirements w~ll be based on the project's s~ze, Iocabon, h~stoncal assessed valuabon trend, economic performance, and overall re-development plan w~th~n each established d~stnct The C~ty can strategically ~denbfy Iocabons ~n the most need of redevelopment and offer a h~gh potenbal for economic development G~ven the vanous needs throughout the C~ty, specific requirements for each d~stnct may vary based on ~nd~v~dual needs of the d~stnct, but the Page 1 of 5 requirements w~th~n each d~str~ct w~ll be uniformly applied to each project Prewous assessment h~story can demonstrate the need for redevelopment If assessments and economic act~wty are sluggish or declining, ~t ~s I~kely that the property ~s not performing to ~t's full potential and could benefit from redevelopment to ~ncrease assessments Rewew~ng and approwng the redevelopment plan w~ll ensure that the project meets the quahty design standards expected by the C~ty The elements of the redevelopment plan w~ll vary among d~str~cts to meet ~ts specific needs for development and w~ll be guided, ~n concept, by the C~ty's Comprehensive Plan. The elements wdl be s~mdar ~n each d~stnct, but the requirements w~ll be d~fferent~ated by extent and extremity Elements of the redevelopment plan w~ll ~nclude urban design concepts (as opposed to ~nduc~ng sprawl), architectural or quahty standards, density, s~ze (can be based on m~n~mum or maximum standards of block s~ze or project square footage), and usage of the project. Tax credits would not be granted until the ehg~bd~ty requirements are met and the project ~s completed Tax credits can be easily prowde d~rect ~ncent~ves to ~nvestors w~thout d~rect ~nvestment or substantial commitment from the C~ty to support the project Th~s ~ncent~ve most closely resembles Tax Increment F~nanc~ng s~nce real estate taxes from ~ncreased assessments are used to leverage private ~nvestment. However, there are some differences: · Tax credits allow the C~ty to capture the ~ncremental growth ~n the base assessment value whereas TIF uses the ~ncremental growth from the base assessment and the new construction value as the financing structure. · The risks of future assessments are placed on the private ~nvestor and not the C~ty. The C~ty takes on added r~sk when TI Fs are used to finance long-term debt to pay for pubhc ~nfrastructure The revenue from the TIF ~s used to pay back the debt over a period of 20 years or more When tax credits are used, the developer does not have to pay taxes out the project's cash flow, which could then be used to finance the cost of construction, land assembly, or other project costs · Tax credits are best used for smaller projects that do not require the C~ty to provide cash ~nvestments Th~s tool could be used to spur many redevelopment projects across the C~ty whereas TIFs are used to ~ncent~v~ze fewer large projects that can take substantial commitment and are ~solated ~n one area of the C~ty Organizational: After redevelopment occurs and ~s recorded ~n the C~ty's land book, the C~ty Real Estate Assessor w~ll compute a tax bdl based on the full value of the property However, when the bdl ~s sent to the property owner, the credit wdl be applied through the C~ty Treasurer's bdhng system. In effect, the property owner wdl not pay the additional ~ncremental tax on the building value The method for calculating the part~al tax exemption w~ll be based on the ~ncreased ~ncremental value (or the d~fference from the base year and the ~n~t~al assessment after renovation ~s completed or the structure ~s replaced) ~nstead of exempting the tax equivalent of 50% of the construction costs. Th~s approach wdl be eas~er to administer and w~ll not be as cumbersome and t~me consuming as rewew~ng construction documents to verify cost ~nformat~on Legal: For each proposed application for part~al tax exemption, an ordinance specifying the conditions when a structure has been rehabilitated and conditions under which a tax credit can be apphed w~ll be detaded ~n the procedures and conditions for qualification. The tax credit only applies to the value of the budding structure, but not the land value. Exemptions may beg~n upon the completion of the rehabd~tat~on, renovation or replacement or on January I of the follow~ng year The ordinance wdl ~dentffy when the property has been rehabd~tated, the duration and conditions of the tax credit, and methods for determining the base value Redevelopment gu~dehnes and standards w~ll be consistent w~th the current zoning ordinance and Comprehensive Plan and may change from d~str~ct to d~str~ct The provisions set by V~rg~n~a Code section 58 1-3221 wdl be r~gorously observed Page 2 of 5 Budget: The overall goals are to protect and expand the C~ty's tax base and local economy and upgrade the quahty of the community. There w~ll be no annual loss ~n real estate tax revenue to the C~ty s~nce the quahfymg property w~ll stdl be taxed at the base level assessments plus any natural occurnng growth m the base assessment There ~s I~ttle nsk of lost revenue since the ordinance exempts negabve credits g~ven to properbes that have assessments lower than their base level. At worse, there ~s a poss~bd~ty of revenue neutrahty when credits are g~ven to properbes that perform only at h~stoncal levels In th~s case, the mcenbve could be seen as m~t~gatmg further loss of revenue On the other hand, tax credits could be wewed as "opportunity costs" of defernng real estate taxes on the redeveloped property to achieve h~gher quahty development and greater economic ~mpact If the goals of th~s program are achieved, then the C~ty w~ll benefit by additional tax revenue and by stabd~zed property values. By using tax credits correctly, the C~ty could realize increased tax collecbons and a greater fiscal and economic ~mpact from new sales growth by redeveloping under-performing commercial property The parbal tax exemption credit should not affect the current school revenue shanng formula. There are seven local tax revenues shared w~th the school system and the real estate tax ~s the formula's primary revenue source Each year, these seven revenues grow ~ncrementally and help fund the growing needs of the school system However, unhke Tax Increment Rnanc~ng, the parbal real estate tax exempbon does not "freeze" base-level assessments, and the base level assessments are allowed to ~ncrease ~ncrementally each year hke any other property. The base level assessments are not subject to the part~al exempbon, only the redeveloped structure ~s granted the exempbon The tax credit amount wdl remain constant throughout the exempbon term, and would not have occurred "but for" the redevelopment project ~tself If the base year, or year one, assessments are $1M and after the redevelopment occurs, the property ~s now worth $2M, the tax credit ~s based on the add~bonal $1M ~n assessments and the credit wdl never ~ncrease above that amount If the assessments increase to a total of $2 5M ~n year three, the general fund wdl not only receive taxes on the first $1M of assessments, but also on the assessment ~ncrease of $.5M for a new total of $1.5M (see the appendix for an dlustrabon). To reiterate, the property should become more producbve and create a positive fiscal ~mpact ~n terms of ~ncreas~ng sales and gross receipts taxes, which are also part of the school revenue shanng formula Once the parbal tax exemption concludes, the full ~mpact of the additional taxable value wdl flow to the Schools and C~ty Alternative Course of Action If the C~ty elects to not pursue parbal tax exempbon credtts, ~t could adopt s~mdar development ~ncenbve programs hke Norfolk and Portsmouth that use State and Federal tax credits However, areas ~n V~rg~n~a Beach would have to be idenbfled as Enterprise Zones. Th~s des~gnabon would require a rewew process from the State and Federal Governments. It should be noted that the C~ty has other tools and mcenbves to encourage development and redevelopment Parbal real estate tax exempbons are merely another tool for the C~ty to use depending on a project's specific c~rcumstance. Overall the C~ty has many tools available for redevelopment ranging from ~ssu~ng bonds, the EDIP program, Tax Increment F~nanc~ng, state and federal grants, special service d~stncts, zones w~th tax credit mcenbves, and vanous development and redevelopment authonbes. Each tool can be apphed ~n d~fferent s~tuat~ons, which are not necessardy mutually exclusive of one another Recommendations The part~al tax exemption credit mcentwe program ~s recommended for adopbon along w~th appropriate cntena and quahfy~ng factors. The program should be first msbtuted as a pdot m a I~m~ted zone to test and monitor ~ts appl~cabon and outcome Specific cond~bons and I~m~ts should be determined for each designated zone to create a program that best meets the individual needs of that area of the C~ty If the p~lot project ~s successful, the other zones can be created ~n strategic target areas throughout the C~ty to encourage redevelopment. When feasible, the C~ty should review ~ts redevelopment strategies that are compatible to the needs of the project to devise an ~ncenbve package that could ~nclude several mcenbve Page 3 of 5 programs The cond~bons set forth ~n the pdot d~stnct wdl be evaluated after the first year to determine program effecbveness Any project granted a tax credit dunng the first year would conbnue to receive the benefits under the original cntena unbl the projected exp~rabon date. Prepared by ~~/%~ 7- Robe'"~F;'~s-~" M~nagement and Budget Analyst .-/' , 2 ~;atheh/n R Wh~tesell D,re;/~ o~ M~agement Services D~rec~f ~lannmg ~¥ Re~sessor Shven T T,l"r6'-mps~)n Chief F~nanc~al Officer James K C~ty Manager Reviewed by Approved by Date Date Date Date / / Date Page 4 of 5 APPENDIX- Partial Tax Exemption Benefits The C~ty's tax base, theorebcally, should expand by ~mplemenbng the parbal property tax exempbon program If a g~ven commercial property ~s assessed at $1,000,000 and assessments ~ncrease annually by 1%, ~n 15 years the property w~ll be valued at $1,150,000. Th~s increase equates to $13,382 ~n add~bonal property taxes or an average of $892 per year Figure 1. Before Tax Credit Program Natural Assessment Growth $1,200,000 $1,150,000 $1,1 oo,ooo ~- ~ $1,050,000 ~ $1,000,000 - ~ $95O,000 - $900,000 , , , , , , , , , , , , , However, after th~s same property received a tax credit as an ~nducement to redevelop, the property would be worth $2,000,000 ~f the ehg~bd~ty criteria for a tax credit required a 100% increase ~n assessed valuabon. If the property's assessments ~ncreased by 1% annually, ~n 15 years the property w~ll be values at $2,275,000 Th~s ~ncrease equates to $23,117 ~n add~bonal property taxes or an average of $1,541 per year. Total property taxes ~ncrease by 73% over 15 years by ~mplemenbng the part~al tax exempbon program. Figure 2. After Tax Credit Program $2,500,000 $2,000,000 Growth with Tax Credit $1,500,000 1 Tax Credit / $1,000,000 $500,000 $0 ............. e, ¢ ¢ ¢ ¢ ¢ "~ "'~ "'~ '"" """ '"' ,¢ '-" ,-"' Page 5 of 5 - 32 - Item V-J.$. ORDINANCES ITEM # 51 713 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Councd ADOPTED Ordtnance CONFIRMING the Ctty Manager's declaratton of a local emergency due to the tmmtnent threat of dtsasterposed by Hurricane Isabel Vottng: 11-0 (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, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None September 23, 2003 AN ORDINANCE CONFIRMING THE CITY MANAGER'S DECLARATION OF A LOCAL EMERGENCY DUE TO THE IMMINENT THREAT OF DISASTER POSED BY HURRICANE ISABEL 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, Virginia Code § 44-146.21 provides that "[i]n the event the governing body cannot convene due to Iai disaster or other exigent circumstances, the [local] director [of emergency services] . . . may declare the existence of a local emergency, subject to confirmation by the governing body at its next regularly scheduled meeting or at a special meeting within fourteen days of the declaration, whichever occurs first"; WHEREAS, in conformity with the Commonwealth of Virginia Emergency Services and Disaster Law of 2000 (Virginia Code § 44- 146.13 et seq.), City Council, by adoption of §§ 2-411 through 2- 413 of the City Code, created the Office of Emergency Management and appointed the City Manager as the Director of Emergency Management; and WHEREAS, by virtue of the authority vested in him by § 44-146.21, the City Manager, as the City's Director of Emergency Management, issued a Declaration of Local Emergency on September 16, 2003, in response to the imminent threat of disaster posed by Hurricane Isabel. 24 25 26 27 28 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to Virginia Code ~ 44-146.21 City Council hereby confirms the Declaration of Local Emergency issued by the City Manager, in his capacity as the City's Director of Emergency Management, on September 16, 2003, a copy of which is attached hereto as Exhibit A and is hereby incorporated by reference. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of September , 2003. CA-9011 ORDIN \NONCODE\isabelord. wpd R-1 September 15, 2003 APPROVED AS TO CONTENT' COy MaKager's ~f~ice APPROVED AS TO LEGAL SUFFICIENCY- City Attorney's Offid~ EXHIBIT "A" DECLARATION OF LOCAL EMERGENCY I, the undersigned, as City Manager and Director of Emergency Management for the City of Virginia Beach, find the imminent threat of disastrous weather and flood conditions, serious and extensive property damage, and loss or interruption of vital City services posed by Hurricane Isabel to be of sufficient seventy and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage, loss, hardship or suffering. Therefore, pursuant to Virginia Code § 44-146.21, I hereby declare the existence of a Local Emergency in the City of Virginia Beach. In accordance with this Declaration, the Office of Emergency Management and all other appropriate C~ty agencies are hereby vested with, and authorized to carry out, all powers, duties and functions prescribed by state and local law, rules, regulations and plans as may be necessary to adequately and appropriately respond to said Local Emergency. ~ K. Spore, City MahYager and · ~[tor of Emergency Management Time - 33- Item V-J. 4. ORDINANCES ITEM # 51714 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Councd DEFERRED until the City Council Session of October 7, 2003. Ordinance ,4 UTHORIZING a non-btn&ng MEMORANDUM OF UNDERST,4NDING (MOU) between Hampton Roads Transtt (HRT) and the Ctty re negotiation of process to acqmre right-of-way from Norfolk Southern Ratlway Company Vottng 11-0 (By ConsenO 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, Jim Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Council Members Absent None September 23, 2003 Item V-J.$. - 34- ORDINANCES ITEM # 51 715 Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, City Counctl ADOPTED Or&nance to DECLARE EXCESS PROPERTYat 1876 Wddwood Drtve, and AUTHORIZE the Ctty Manager to convey thts property to Baymark Construction Corporation Vottng 11-0 Councd Members Voang Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Richard A. Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Council Members Absent None September 23, 2003 ORDINANCE NO. AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING CITY MANAGER TO CONVEY SAME TO BAYMARK CONSTRUCTION CORPORATION WHEREAS, the City of Virginia Beach acquired ownership of a certain parcel 10 of real property containing approximately 2_+ acres, located at 1876 Wildwood Drive 1~ (GPIN: 2408-52-4317)in the City of Virginia Beach, Virginia, (the Property) recorded in Deed Book 1530, at page 0547; 13 WHEREAS, the City has invited proposals for the sale and development of the Property through publication thereof; 15 WHEREAS, the City received four responses for the sale and development of the Property; WHEREAS, Baymark Construction Corporation has submitted the highest and best response for the sale and development of the Property; and 19 WHEREAS Council ~s of the op~mon that the Property is ~n excess of the 20 needs of the City of Virginia Beach, and it is expedient and in the best interests of the City 21 to convey the Property to Baymark Construction Corporation. 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 1 That the following described Property is hereby declared to be in 25 26 excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to convey the sa~d Property to Baymark Construction Corporation on the terms 27 and conditions set forth in the attached Summary of Terms. 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 the Property. 53 54 55 56 57 58 All that certain lot, piece or parcel of land situate in the City of Virginia Beach, V~rg~nia, and designated and described as "2.000 ACRES" as shown as on that certain plat entitled: "SURVEY OF A PORTION OF THE JOHN W. POTTER, et al PROPERTY TO BE CONVEYED TO ATLANTIC MENTAL HYGIENE CENTER ADVISORY BOARD LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA SCALE: 1"-- 100' JANUARY 11, 1968" a copy of which is attached hereto as Exhibit A. LESS AND £XGEPT that portion of the aforesaid property designated and described on the aforesaid plat as "PROPOSED 15' STRIP OF PROPERTY TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA FOR STREET WIDENING." Said excepted area contains approximately 0.065 acres. IT BEING the same property conveyed to Grantor by ATLANTIC MENTAL HEALTH CENTER, successor to ATLANTIC MENTAL HYGIENE CENTER ADVISORY BOARD INCORPORATED, a Virginia non-stock corporation, dated October 29, 1975 and recorded ~n the Clerk's Office of the Circuit Court of the City of Virginia Beach, V~rginia, in Deed Book 1530, at page 547 (GPIN: 2408-52-4317). 2. That One Million Dollars ($1,000,000.00) is to be the purchase price of 3. That the Property shall be conveyed subject to all restrictions and easements of record and subject also to the Summary of Terms attached hereto, with such other insertions and modifications as may be deemed necessary and/or advisable by the C~ty Manager and may be approved by the City Attorney. 4. That the monies received from the sale of the Property are to be appropriated to the department of Mental Health, Mental Retardation, & Substance Abuse Services. 60 61 This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the2 day of .~p~-,=,mbe? ,2003. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA-8994 PREPARED R-1 September 4, 2003 t of Public Works APPROVED AS TO LEGAL SUFFIC~NCY Department of Law :T6~ I OI OOooo o05' .~ ¢41,.. E F'~t~K, D 'T'A I~RA I..L. JAtV. UARY It~1968 OWNER: BUYER: SALE PRICE: SUMMARY OF TERMS AGREEMENT FOR THE SALE OF EXCESS PROPERTY AT 1876 WILDWOOD DRIVE City of Virginia Beach. Baymark Construction Corporation- Richard Foster, President. $1,000,000 payable as follows' $100,000 upon execution of Agreement of Sale; and $ 900,000 at settlement in cash or by certified check. SETTLEMENT DATE: Upon expiration of the Due Dihgence Period and satisfactory completion of a conditional rezoning and final s~te plan approval. SPECIAL TERMS AND CONDITIONS: The sale of this Property ~s condiboned upon Buyer obtaining a conditional rezoning from O-1 Office to A-18 (Attached Dwelling for Sale) but ~n no event less than 28 town house style condominium units. Nothing in Summary of Terms, the Agreement of Sale or any other definitive agreement between the City and Buyer shall constitute or be deemed to be any agreement by the City to rezone the Property. Baymark must make application for a conditional rezoning to the Planning Department no later than 14 calendar days from the date of expiration of the Due Diligence Period (90 days from the date of complete execution of the Agreement of Sale) and must pursue the rezoning ~n good faith. Baymark shall commence in good faith and diligently pursue actual construction of the multi family residential dwellings no later than 180 days from the settlement date. This shall be a continuing obligation which shall be included in the deed of conveyance to run with the land and be binding upon all owners of the Property during their period of ownership. If Baymark fails to commence construction of the multi family residential dwellings w~th~n the 180 day period , and pursue construction of such dwellings to completion, then at any time thereafter the C~ty shall have the right and option to repurchase the Property ~n the amount of the original purchase price Baymark paid for the Property ($1,000,000). O JIM LAWSON AGENDA. DGN O O O 0 O LOCATION MAP SHOWING EXCESS CiTY PROPERTY 1876 WILDWOOD DRIVE GPIN 2408-52-4317 1" = 2.00' PREPARED BY P/W ENG CADD DEPT. FEB. 12, 2003 Item ~-~.6. - 35- ORDINANCES ITEM # 51716 Upon morton by I,'tce Mayor Jones, seconded by Councilman Reeve, Ctty Counctl ADOPTED Ordtnance to AUTHORIZE the purchase of l 50 acres of real propertyfrom ROBERTLESLIE FLOWERS, JR.. for $18, 000 to estabhsh a neighborhood park at the southern end of Pocasset Court, The Lakes, and,4 UTHORIZE the execution of all necessary documents (DISTRICT- 3 ROSE HALL) Vottng 11-0 (By ConsenO 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 VV Schmtdt, Ron A Vtllanueva, Rosemary PVtlson and James L Wood Councd Members Vottng Nay None Councd Members Absent None September 23, 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE TO AUTHORIZE THE PURCHASE OF APPROXIMATELY 1.50 ACRES ± OF PROPERTY LOCATED AT THE SOUTHERN END OF POCASSET COURT IN THE CITY OF VIRGINIA BEACH FOR $18,000 FROM ROBERT LESLIE FLOWERS, JR. WHEREAS, Robert Leslie Flowers, Jr. owns 1.50 acres _+ of real estate located at the southern end of Pocasset Court in the Lakes Subdivision of the City of Virginia Beach, Virginia (the "Property") as shown on Exhibit "A" attached hereto; WHEREAS, the City's Department of Parks and Recreation has identified the Property as a parcel to be considered for acquisition as a part of the City's neighborhood parks initiative, and has recommended that the Property be acquired for such purposes; WHEREAS, the City staff has negotiated an agreement to purchase the Property for $18,000; WHEREAS, the City Council of the City of Virginia Beach, Virginia (the "City Council") is of the opinion that the acquisition of the Property would further the City's neighborhood parks initiative; and WHEREAS, funding for this acquisition is available in the Neighborhood Park Acquisition and Development CIP account (CIP 4-950). BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council authorizes the acquisition of the Property shown on Exhibit "A" attached hereto. 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 2. That the City Manager or his designee is authorized to execute on behalf of the City of Virginia Beach, a Purchase Agreement for the Property, for the sum of $18,000 and in accordance with the terms contained in the Purchase Agreement. 3. That the City Manager or his designee is further authorized to execute all documents that may be necessary or appropriate in connection with the purchase of the Property, so long as such documents are acceptable to the City Manager and the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of $~ptember ,2003. CA-8950 Prepared: 08/12/03 R-2 09/04/03 F:~Data~.TY~Forms\COND\WORKING\ca8950.ord.doc APPROVED AS TO CONTENT rks/Real Estate APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Off'~ BLUE % % N, THE LAKES DGN MJ S / / LOCATION MAP FOR PROPOSED PURCHASE OF PROPERTY. LESLIE FLOWERS, JR. LAKES SUBDIVISION, PHASE 2, PART PARC[L '2B' 1.50 ACR[S+ GPIN 1486-93-6032 - SCALE:I" = 200' Exhibit "A" PREPARED BY P/W ENG CADD DEPT AUG 2003 Item V-J. 7. - 36- ORDINANCES ITEM # 51717 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED Ordtnance to AUTHORIZE the Ctty Manager to exerctse the 2001 Option Agreement and the purchase of real property from THIS and THA T, LTD. at Rudee Loop, EXECUTE all necessary documents for thts purchase at $400,000 less the $50,000 optton payment, and, AUTHORIZE lease of thts property Vottng 11-0 (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, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None September 23, 2003 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXERCISE THE OPTION TO PURCHASE REAL PROPERTY AT RUDEE LOOP FROM THIS & THAT, LTD. AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE OF THE PROPERTY FOR A PERIOD OF LESS THAN FIVE YEARS WHEREAS, the City has entered ~nto an Option Agreement dated October 4, 2001, for the purchase of approximately 5,596 square feet of real property at Rudee Loop from Th~s & That, Ltd. for a purchase pnce of $400,000; WHEREAS, the C~ty has expended a total of $50,000 on the real property ~n option and extension fees to date; WHEREAS, Rudee Loop has been identified as a prime location for a flagship hotel chain to develop a convention facdity at the Oceanfront, and the development of Rudee Loop would complement a major expans,on of the Pavd~on and ~s consistent with the Oceanfront Resort Concept Plan; WHEREAS, the City Council has determined the purchase of the This & That Property to be ~n the best interest of the City; and WHEREAS, there is sufficient funding for the remaining $350,000 purchase price ~n CIP Project 9-302 Rudee Loop Development - Phase I to acquire th~s property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, 1. The City Manager or his designee ~s hereby authorized to exercise the option on the real property owned by Th~s & That Ltd. for the Rudee Loop Development project and to purchase the approximately 5,596 square feet of real property at Rudee Loop for a purchase pnce of $400,000, $50,000 of which has already been pa~d, on the terms contained m the Option Agreement. 2. The C~ty Manager ~s further authonzed to execute all documents that may be necessary or appropriate in connection w~th such purchase. 3. The C~ty Manager is further authorized, following the acquisition of the real property from Th~s & That, Ltd., to execute leases for the real property so long as a) the terms of the leases are approved by the C~ty Manager and the C~ty Attorney; b) the form 1 of the leases is customary and approved by the C~ty Attorney; and c) the terms of the 2 leases are for a penod less than five years. 3 Adopted by the Councd of the City of Virginia Beach, V~rg~n~a, on the 4 23 ra of ~s_ep~¢er ,2003 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 APPROVED AS TO CONTENT Management Services / APPROVED AS TO LEGAL SUFFICIENCY C~ty Attorney's Office CA-8941 F/Data/ATY/Forms/Commerc~al Projects/Rudee Loop/Th~s & That Clos~ng/Th~s & That option exer ORD2 doc Item V-J. 8. ORDINANCES -37- ITEM # 51718 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED Ordmance to ACCEPT and APPROPRIATE a $175,115 grant from the Federal Bureau of Justtce Asststance and TRANSFER $19,457 from the General Fzmd Reserve for Conttngenctes wtth mcrease federal revenue accordtngly re law enforcement (LLEBG) a Commtmtty Correcttons b General Dtstrtct Court c Magtstrate's Office d Pohce Department e ShemfJ'~ Department $20,988 $25,000 $ 3,187 $97,620 $47,777 Vottng 11-0 (By Con,enO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, R~chard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schlltldt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Council Members Vottng Nay None Counctl Members Absent None September 23, 2003 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $175,115 GRANT FROM THE FEDERAL BUREAU OF JUSTICE ASSISTANCE AND TRANSFER $19,457 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO FUND VA/RIOUS LAW ENFORCEMENT ACTIVITIES 6 7 VIRGINIA: 8 1. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 15 16 17 18 19 20 21 22 23 24 a. $20,988 to Community Corrections for contracted manpower clerical assistance; b. $15,000 to the General District Court for overtime for GDC employees to do document imaging of criminal records; c. $10,000 to the General District Court for a web server to enhance the capability of the Police Officer Assigned Court Dates Program; d. $3,187 to the Magistrate's Office for a replacement desktop computer and printer for the Chief Magistrate; 9 of Justice Assistance and appropriated to the FY 2003-04 Operating 10 Budget, and $19,457 is hereby transferred from the General Fund 11 Reserve for ContingencIes, to the FY 2003-04 Operating Budgets of 12 the following agencies and departments in the amounts and for the 13 purposes set forth below: That $175,115 is hereby accepted from the Federal Bureau 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 2. e. $28,000 to the Police Department for a Cyano Acrylate Vacuum System for the Police Forensic Unit; f. $32,000 to the Police Department to purchase the remainder of 'personal protective equipment needed to outfit all police officers; g. $37,620 to the Police Department to purchase nine portable radios capable of encryption for the Police Special Investigative Division; h. $13,677 to the Sheriff's Department to purchase workbooks and teaching materials for the DARE program; and i. $34,100 to the Sheriff's Department for two Total Marksmanship Diagnostic Systems for the Law Enforcement Training Academy. That estimated revenue from the federal government in the 41 FY 2003-04 Operating Budget is hereby increased by $175,115. 42 Adopted by the Council of the City of Virginia Beach, Virginia 43 on the 23rd day of September , 2003. CA-9009 Ordin/Noncode/FedBureauord.wpd R-2 - September 10, 2003 APPROVED AS TO CONTENT- Management Services APPROVED AS TO LEGAL SUFFICIENCY- ~{y Attor{ne~/'s OffiCe 2 - 30- Itetn V-J. 1. ORDINANCES ITEM # 51711 Upon motton by Vtce Mayor Jones, seconded by Counctlman Schmtdt, Ctty Councd ADOPTED: Or&nance to AMEND and REORDAIN3q 10-1 of the City Code re a Create new prectncts andpolhngplaces b Modtfyprecmct boundaries c Change extstmgprecmct names andpolhngplaces Vottng 11-0 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, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Councd Members Absent None September 23, 2003 Item V-J.2. - 31 - ORDINANCES ITEM # 51712 Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, Ctty Councd ADOPTED Or&nance to AMEND 3%~ 35-70 thru 35-74 of the Ctty Code re real estate tax by providing partial exemptions for certatn rehabthtated, renovated, replacement commerctal or tndustrtal structures Voting 11-0 (By ConsenO Councd 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, Ron,4 Vdlanueva, Rosemary Wdson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None September 23, 2003 - 32 - Item V-J. 3. ORDINANCES ITEM # 51 713 Upon motion by Vtce Mayor Jones, seconded by Counctlman Reeve, City Council ADOPTED Ordtnance CONFIRMING the Ctty Manager's declaratton of a local emergency due to the tmmtnent threat of dtsasterposed by Hurricane Isabel Voting 11-0 (By ConsenO Counctl Members Vottng /lye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosema~3; Wtlson and James L Wood Counctl Members Vottng bray None Cou.ctl Members Absent None September 23, 2003 Item V-J.4. - 33- ORDINANCES ITEM # 51714 Upon motion by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl DEFERRED until the City Council Session of October 7, 2003. Ordtnance ,4 UTHORIZING a non-btndtng MEMORANDUM OF UNDERSTANDING (MOU) between Hampton Roads Transit (HRT) and the Ctty re negottatton of process to acqutre rtght-of-way from Norfolk Southern Ratlway Company Votmg 11-0 (By ConsenO Counctl Members Vottng ,4ye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard ,4 Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron ,4 Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members ,4bsent None September 23, 2003 Item V-J. 5. - 34- ORDINANCES ITEM # 51715 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED Ordtnance to DECLARE EXCESS PROPERTYat 1876 Wildwood Drtve, and AUTHORIZE the Ctty Manager to convey thts property to Baymark Construction Corporation Voting 11-0 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, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Voting Nay None Councd Members Absent None September 23, 2003 - 35 ~ Item V-J. 6. ORDINANCES ITEM # 51 716 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, City Counctl ADOPTED Or&nance to AUTHORIZE the purchase of l 50 acres of real propertyfrom ROBERTLESLIE FLOWERS, JR..for $18, 000 to estabhsh a neighborhood park at the southern end of Pocasset Court, The Lakes, and AUTHORIZE the executton of all necessary documents (DISTRICT- 3 ROSE HALL) Voting 11-0 (By ConsenO 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, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Voting Nay None Councd Members Absent None September 23, 2003 Item V-J. 7. - 36- ORDINANCES ITEM # 51717 Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, City Counctl ADOPTED Or&nance to AUTHORIZE the City Manager to exercise the 2001 Option Agreement and the purchase of real property from THIS and THA T, LTD. at Rudee Loop, EXECUTE all necessary documents for thts purchase at $400,000 less the $50,000 option payment, and, AUTHORIZE lease of this property Voting 11-0 (By Consent) Counctl 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 14' Schmtdt, Ron A Vtilanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None September 23, 2003 Item V-J. 8. ORDINANCES -37- ITEM # 51 718 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED Ordtnance to ACCEPT and APPROPRIATE a $175,115 grant from the Federal Bureau of Justtce Assistance and TRANSFER $19.457 from the General Fzlnd Reserve for Conttngenctes and tncrease federal revenue accordtngly re law enforcement (LLEBG) a Communtty Correcttons b General District Court c Magistrate's Office d Pohce Department e Shert./f's Department $20,988 $25,000 $ 3,187 $97,620 $47,777 Voting 11-0 (By ConsenO Counctl Members Vottng Aye Harry E D~ezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClana~t, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmldt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood ComTctl Members Vottng Nay None Counctl Members Absent None September 23, 2003 Item VoJ. 9. ORDINANCES - 38- ITEM # 51719 Upon tnotton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl DEFERRED until the City Council Session of October 7, 2003: Ordtnance to TRANSFER $100, O00 from vartous butldtng rehabtlttatton and renewal to Pendleton parking lot expanston and public restroom factltttes at Croatan Beach Votzng 11-0 (By ConsenO Council Members Votmg Aye Harry E Dzezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf dtm Reeve, Peter W Schnudt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Voting None Counctl Members Absent None September 23, 2003 - 39- Item V-K. PLANNING ITEM # 51720 1. JOSEPH M. AND LORIA ANNE HANLEY ENCR OA CHMENT 2. STEVEN AND JUDITH PAPARIELLO STREET CLOSURE 3. L YNNHA VEN BLOCK ASSOCIATES, L.L.C. MODIFICATION CHANGE OF ZONING (APPROVED: 7/14/98) 4. RAYMOND, SR. AND MARIL YN L. CAFFEE CHANGE OF ZONING 5. F. DONALD REID CONDITIONAL CHANGE OF ZONING VARIANCE CONDITIONAL USE PERMIT 6. VILLA GE CHURCH CONDITIONAL USE PERMIT 7. BA YSIDE BAPTIST CHURCH CONDITIONAL USE PERMIT 8. AB UNDANT HAR VEST CHURCH CONDITIONAL USE PERMIT 9. GREAT NECK BAPTIST CHURCH CONDITIONAL USE PERMIT 10. SHARON GOELESH CONDITIONAL USE PERMIT 11. OMNIPOINT/T-MOBILE CONDITIONAL USE PERMIT 12. CORDIE L. MARTIN CONDITIONAL USE PERMIT September 23, 2003 - 40 - Item V-K. PLANNING ITEM # 51721 Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, Cay Councd APPROVED IN ONE MOTION Items 1, 2, 3, 4, 5 (DEFER), 6, 7, 8, 9, 1 O, 11 and I2 of the PLANNING BY CONSENT AGENDA Voting 11-0 (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, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent None Counctl Lady Wtlson voted a VERBAL NAY on Item K 6 (VILLA GE CHURCH) Councd Lady McClanan voted a VERBAL NAY on Item K 11 (OMNIPOINT/T-MOBILE) and Item K 12 (CORDIE L. MARTIN) September 23, 2003 Item V-K. 1. -41 - PLANNING ITEM # 51722 Upon motion by Vtce Ma)'or Jones, seconded by Councdman Reeve, Ctty Councd ADOPTED: Or&nance to AUTHORIZE a temporary encroachment into poraons of the Ctty's rtght-oJ-way known as Lake Wesley by JOSEPH M., JR. and LORI ANNE HANL E Y to construct and matntatn a fixed pier, floating pier, boat lift and mooring piles at 541 Virginia Dare Drive tn Croatan Beach (DISTRICT 6- BEACH) The Jollowtng condtttons shall be requtred The te~nporary encroachment shall be constructed and maintained tn accordance wtth the laws of the Commonwealth of Virginia and the Ctty of Vtrgtma Beach and tn accordance wtth the C~ty's spectficattons and approval as to stze, ahgnment and lo~lllOll The temporary encroachment shall termtnate upon nottce by the Ctty to the apphcant and, wtthm thtrty (30) days after such notice is gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wdl bear all costs and expenses of such removal The apphcant shall tndemntfy and hold harmless the Ctty, tts agents and employees from and agamst all claims, damages, lo~ e, and expenses, tncludtng reasonable attorney's fees tn case tt ,hall be necessary to file or defend an actton artstng out of the location or extstence of the temporary encroachment Nothing heretn contatned shall be construed to enlarge the pernusston and authority to permit the mamtenance or consu uctton of any encroachment other than that specified hereut and to the hmtted extent spec¢~ed herein, nor to permit the maintenance and construction of any encroachment by attyone other than the apphcant The ai~phcant agrees to matntam the tetnporary encroachment so a, not to become unstghtly or a hazard The apphcant must obtatn an approved dotnt Permtt apphcatton from the Waterfront Operattons Dtvtston of the Planntng Depa~ ttnent The apphcant also agrees to obtatn a waterfront construction permit from the aforementtoned agency before beglnmng any work wtthtn the encroachment area September 23, 2003 Item V-K. 1. - 42 - PLANNING ITEM # 51722 (Continued) 10 The apphcant shall obtatn and keep tn force all rtsk property tnsurance and general ltabtltty or such tnsurance as ts deemed necessary by the Ctty, and all tnsurance poltctes must name the City as addtttonal named tnsured or loss payee, as applicable The appltcant must also carry comprehensive general ltabtltty tnsurance tn an amount not less than Ftve Hundred Thousand Dollars ($500,000), combtned stngle ltmtts of such tnsurance poltcy or poltctes The applicant must provtde endorsements provtchng at least thtrty (30) days'wrttten nottce to the Ctty prtor to the cancellatton or termtnatton of or matertal change to, any of the tnsurance poltctes The appltcant assumes all responstbthttes and ltabtltttes, vested or conttngent, wtth relation to the temporary encroachment The Apphcant agrees that the Temporary Encroachment must conform to the mtntmum setback requtrements as establtshed by the City Zontng Ordtnance The apphcant shall submtt for revtew and approval a survey of the area bemg encroached upon, certtfied by a regtstered professtonal engineer or a ltcensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered professtonal engtneer, tf requtred by the Ctty Engtneer's Office The City, upon revocation of such authortty and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost tn any manner provtded by law for the collection of local or state taxes, may requtre the applicant to remove such temporary encroachment, and, penchng such removal, the City may charge the appltcant for the use of such portton of the Ctty's rtght-of-way encroached upon the equtvalent of what would be the real property tax upon the land so occupted tf tt were owned by the appltcant, and tf such removal shall not be made wtthtn the ttme specified by the Ctty, the Ctty shall tmpose a penalty tn the sum of One Hundred Dollars ($100 00) per day for each and every day that such temporary encroachment ts allowed to conttnue thereafter, and, shall collect such compensatton and penalttes tn any manner provtded by law for the collectton of local or state taxes September 23, 2003 Requested by Department of Public Works 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S PROPERTY KNOWN AS LAKE WESLEY BY JOSEPH M. HANLEY, JR. AND LORI ANNE HANLEY, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 12 WHEREAS, JOSEPH M. HANLEY, JR. AND LORI ANNE HANLEY, desire to construct and maintain a fixed pier, a floating pier, a boat I~ft and some moonng pdes upon the City's property known as Lake Wesley. 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon the C~ty's property subject to such terms and conditions as Council may prescribe. 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 20 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, JOSEPH M. HANLEY, JR and 22 LORI ANNE HANLEY, their heirs, assigns and successors in title are authorized to 23 construct and maintain a temporary encroachment for a fixed pier, a floating pier, a boat lift and some mooring piles upon the City's property known as Lake Wesley as shown on that certain plat entitled: "PROPOSED ENCROACHMENT PRIVATE PIER, LIFT AND 26 MOORING PILES FOR JOSEPH M. AND LORI N. HANLEY LOT 24, CROATAN BEACH BEACH DISTRICT VIRGINIA BEACH, VA (M.B. 37, PG. 11) DATE: FEBRUARY 27, 28 2003", a copy of which is on file in the Department of Public Works and to which reference ~s made for a more particular description; and 30 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the C~ty of Virginia Beach and JOSEPH M. HANLEY, JR. AND LORI ANNE HANLEY (the "Agreement"), which is attached hereto and incorporated by reference; and 34 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and 36 BE IT FURTHER ORDAINED, that this Ordinance shall not be ~n effect until such time as JOSEPH M. HANLEY, JR. AND LORI ANNE HANLEY and the City Manager or his authorized designee execute the Agreement. 39 40 day of Adopted by the Council of the C~ty of Virginia Beach, Virginia, on the 23~d September , 2003. 41 42 43 44 45 D AS TO CONTENTS GNATURE DEPARTMENT 46 47 48 49 5O 51 52 CA- PREPARED August 22, 2003 H \WP8\KENNEDY~ENCS\hanley ord wpd APPROVED AS TO LEGAL SUFFICIENCY~-~) FORM C~TY ~TTO~R~"Y~ o o o o o / ! / / / / / / / / / / / / / / LAKE WESLEY / / 2426-39-0904 24 o o o o o LOCATION MAP JOSEPH LORI AN N E 541 VIRGINIA LL'L SCALE' 1" = FOR ENCROACHMENT FOR M. HAN LEY, J R. AND HANLEY , DARE DRIVE 200' VA DARE DGN M J S PREPARED BY P/W ENG CADD DEPT JULY 2, 2003 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3)AND 58 1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ~%day~ of ~ %~ 7 20~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a "City" and JOSEPH M HANLEY, JR municipal corporation, Grantor, , . . and LORI ANNE HANLEY, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. W I T N E S S E T H: THAT, WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as: "Lot 24, Subdivision of Croatan Beach (M.B. 37, PG. 11)", and being further designated and described as 541 Virginia Dare Drive, Virginia Beach, VA 23451; and WHEREAS, it is proposed by the Grantee to construct and maintain a fixed pier, a floating pier, a boat lift and some mooring piles, a "Temporary Encroachment" in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley, the "Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for GPIN: 2426-39-0904 the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to- wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PROPOSED ENCROACHMENT PRIVATE PIER, LIFTS AND MOORING PILES FOR JOSEPH M. AND LORI N. HANLEY LOT 24, CROATAN BEACH BEACH DISTRCT VIRGINIA BEACH, VA (M.B. 37 PG. 11) DATE: FEBRUARY 27, 2003", a copy of which is attached hereto as Exhibit "A" to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given the Temporary Encroachment must be removed from the Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain an approved Joint Permit Application from the Waterfront Operations Division of the Planning Department. The Grantee also agrees to obtain a waterfront construction permit from the aforementioned agency before beginning any work within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability insurance, or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City Zoning Ordinance. It is further expressly understood and agreed that the Grantee must submit, for review and approval, a survey of the Encroachment Area certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JOSEPH M. HANLEY, JR. and LORI ANNE HANLEY, the said Grantee has caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the city Manager City Clerk ~,,~%p~ ~.~ ~anle~,~J~; ~dri Anne Hanl~y STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , City Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA BEACH. He/She is personally known to me. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , City Clerk/Authorized Designee of the city Clerk, on behalf of the CITY OF VIRGINIA BEACH. He/She is personally known to me. Notary Public My Commission Expires: STATE OF ~' ~.!~ G ,~% ~ ,~¥ CITY/COUNTY OF ~¢-~,,,.,_o~-, k~... , to-wit: The foregoing instrument was acknowledged before me this ~ .~ day of -3~ ~' ti_ , 20(3 '~ by JOSEPH M. HANLEY, JR. and LORI ANNE HANLEY, husband and wife. ' ,'~ ~' .'- ,..-.., - N6%~Y Public My Commission Expires: ~'~;-~0(%7 APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY APPROVED AS TO CONTENT E ~ PI~'Fr' 0 c, ~ ~OORI~iG FLOAT ' PILEs AND PMP 32' LAKE WESLEY N/F CITY OF VIRGINIA BEACH PROPOSED PRIVATE PIER FACILITY ,~--FLOOD~EBB PMP CONSTRUCT AND ANCHOR FLOAT ACCORDING TO THE MANUFACTURER'S SPECIFICATIONS o o o EX PIER FLOAt' ANO MOORING PILES RAMP MHW AT BULKHEAD APO 1 LL/ VIRGINIA DARE DRIVE OPIN 2426-39-0904-0000 WATERFRONT CONSULTING, INC 1112 JENSEN DRIVE, STE 206 VIRGINIA BEACH, VA 254,51 PHONE (757) 425-8244 FAX (757) .313-9788 PORCHj~ 2-STY-BRK ~ 54'~ LOT 24. g L=110 00' R=938 37' APO 2 PLAN VIEW SCALE 1" = 40' REVISED JUNE 20, 2003 PROPOSED ENCROACHMENT PRIVATE PIER, LIFTS AND MOORING FOR JOSEPH M. ,AND LORI N. HANLEY LOT 24, CROATAN BEACH BEACH DISTRCT VIROINIA BEACH, VA (MB 37 PO 11) PILES DATE FEBRUARY 27, 2003 ~'age Iot I · I , file//F ~PHOTOS 1\08110026 JPG -- 8/2O/2O03 file//F XPHOTOS 1\08110027 JPG __ 8/20/2003 - 44 - Item PLANNING ITEM # 51723 Upon ~notton by Vtce Mayor Jones, seconded by Councdman Reeve, Ctty Councd ADOPTED an Ordtnance upon apphcatton of STEVEN AND JUDITH PAPARIELLO for the dtsconttnuance, closure and abandonment of a portion of an alley adjacent to 837 Vanderbdt Avenue, begtnmng on the north stde of Lockheed Avenue Orchnance upon apphcatton of STEVEN AND JUDITH PAPARIELLO for the dtscontmttance, closure and abandonment ofa portton of an alley adjacent to 83 7 Vanderbllt Avenue, begtnmng on the north stde of Lockheed Avenue and runnmg tn a ttortherly dtrectton a &stance of fifiY (50) feet DISTRICT 6 - BEACH The [ollowtng condtttons shall be requtred The City Attorney's Office shall make the final determtnatton regarding ownershtp of the underlymg fee The purchase prtce to be l~aid to the City shall be determtned accordtng to the "Pohcv Regardtng Purchase of Ctty's Interest tn Streets Pursuant to Street Closures, "approved by Ctty Councd Copies of the l~ohcy are avadable in the Planntng Department The apphcant shall resubdtvlde the property and vacate tnternal lot hnes to incorporate the closed area tnto the adjotntng parcels The plat shall be submttted and approved for recordation prtor to final street closure approval The apphcant shall vertfy that no prtvate utlhttes extst wtthtn the rlght-of-way proposed for closure Prehmtnary comments from the Utl[lly cotnpantes tn&cate that there are no private utthttes wlthtn the right-of-way proposed for closure If prtvate utthttes do exist, easements sattsfactory to the utthty company shall be provided Closm e of the right-of-way shall be conttngent upon comphance wtth the above stated condtttons wtthtn one year of approval by Ctty Cotmcd (September 22, 2004) If the condtttons noted above are not accomphshed and the final plat ts not approved wtthtn one year of the Ctty Council vote to close the rtght-of-way, thts appro~'al shall be considered null and void September 23, 2003 - 45 - Item V-K. 2. PLANNING ITEM # 51723 (Continued) Vottng 11-0 (By Consent) Council Members Voting 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, Ron A Vtllanueva, Rosemary Wtlson and James L. Wood Council Members Vottng Nay None Counctl Members Absent None September 23, 2003 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN ALLEY TO BE CLOSED (375 SQ. FT / 0.009 ACRES) AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "PLAT SHOWING PORTION OF 15' ALLEY ADJACENT TO LOT 11, BLOCK 13, CROATAN BEACH, M B. 24, P. 37 TO BE CLOSED, VIRGINIA BEACH, VIRGINIA" 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, on September 23, 2003, Steven Papanello and Judith Papanello applied to the Council of the C~ty of Virginia Beach, V~rglma, to have the hereinafter described street discontinued, closed, and vacated, and WHEREAS, it is thejudgrnent of the Council that said street be discontinued, closed, and vacated, subject to certmn conditions having been met on or before September 22, 2004, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: SECTION I That the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before September 22, 2004 All that certain piece or parcel of land situate, lying and being in the C~ty of Virginia Beach, Virginia, designated and described as "PORTION OF ALLEY TO BE CLOSED (375 SQ FT / 0 009 ACRES)" shown shown as the cross-hatched area on that 23 GPIN' 2426-37-7406 24 25 26 27 28 certain plat entitled. PLAT SHOWING PORTION OF 15' ALLEY ADJACENT TO LOT 11, BLOCK 13, CROATAN BEACH, M B.24, P 37 TO BE CLOSED, VIRGINIA BEACH, VIRGINIA" Scale' 1 '= 20', dated April 24, 2003, prepared by Gallup Surveyors & Engineers, LTD., a copy of which ~s attached hereto as Exhibit A. 29 SECTION II 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 The following conditions must be met on or before September 22, 2004: 1. The C~ty Attorney's Office wall make the final determination regarding ownership of the underlying fee The purchase price to be prod to the City shall be determined according to the "Policy Regarding Purchase of C~ty's Interest ~n Streets Pursuant to Street Closures," approved by C~ty Councd. Copies of said policy are avmlable in the Planning Department. 2 The apphcant shall resubd~v~de the property and vacate internal lot lines to ~ncorporate the closed area into the adjo~mng parcels. The resubdlwslon plat shall be submitted and approved for recordation prior to final street closure approval. 3 The applicant shall verify that no private utilities exist within the right-of-way proposed for closure Prehm~nary comments from the utility compames indicate that there are no private utilities within the right-of-way proposed for closure. If private utdlt~es do ernst, the applicant shall provide easements satisfactory to the utility compames. 4 Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one year of approval by C~ty Council. If all conditions noted above are not accomplished and the final plat is not approved within one year of the C~ty Council vote to close the roadway, this approval will be considered null and void. SECTION III 47 48 49 50 1 If the preceding conditions are not fulfilled on or before September 22, 2004, th~s Ordinance will be deemed null and void w~thout further action by the City Councd. 2. If all conditions are met on or before September 22, 2004, the date of final closure ~s the date the street closure ordinance ~s recorded by the C~ty Attorney 51 52 53 54 55 56 57 SECTION IV 1 A cernfled copy of this Ordinance shall be filed in the Clerk's Office of the C~rcult Court of the C~ty of Vlrg~ma Beach, Vlrglma, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." Adopted by the Councd of the City of V~rglma Beach, Virginia, on th~s 23rd day of September , 2003. 58 59 6O CA-8918 September 4, 2003 C \Documents and Setnngs\bduke\Local Settlngs\Temp\ca8918 ord wpd 61 62 63 APPR,~ED AS TO CONTENT Plann,n~Del~artment 64 65 66 APPROVED AS TO LE~ SUFFICIENCY C~ty Attorney 1 O0 O0 (1~ol) O§ LOI ~ g~ §~ CjB N L[d ~'~ I~ I~ (a]~Oq]A]aNn) (.LV]d - 3~N3A¥ NOIC)NIHSYM) (M/~I ,Og) 3nN3AV a33H),lO09 STEVEN AND JUDITH PAPARIELLO / # 23 August 13, 2003 General Information: APPLICATION NUMBER: M08-210-STC-2003 REQUEST: ADDRESS: ELECTION DISTRICT: SITE SIZE' Street Closure Porbon of an alley adjacent to 837 Vanderbilt Avenue ~ap M-8 Steven & Moo No~. to Score 00~ ~ 0o~ Pa 'Ilo .10 R-lO R-lO R-lO R-lO R-lO Street Closure 6 - BEACH 375 square feet Planning Commission Agenda August 13, 2003 STEVEN AND JUDITH PAPARIELLO / # 23 Page 1 STAFF PLANNER: Barbara Duke PURPOSE: To close 7.5 feet of a 15 foot wide alleyway and ~ncorporate the land area ~nto the property at 837 Vanderb~lt Avenue for residential use Land Use, Zoning, and Site Characteristics: Existin,q Land Use and Zoning The alleyway between Lockheed Avenue and South Maryland Avenue ~s an unimproved paper street The property on e~ther s~de of the alley is zoned R-10 Residential District and is developed with single-family homes. Lockheed Avenue, to the south of the alleyway, ~s also unimproved between South Surfs~de Avenue and Vanderbilt Avenue. Surroundin,q Land Use and Zonin,q North: South: East: West: S~ngle-family homes / R-10 Residential D~stnct · S~ngle-fam~ly homes / R-10 Residenbal District · S~ngle-fam~ly homes / R-10 Residenbal District · S~ngle-family homes / R-10 Res~denbal D~strict Zonin.q History A similar street closure for an alleyway to the east of South Atlanbc Avenue was granted ~n 1990. Public Facilities and Services Water and Sewer There are no public ut~hbes ~n the portion of the alley proposed for closure. Public Works There are no drainage structures ~n the port~on of the alley proposed for closure Planning Commission Agenda August 13, 2003 STEVEN AND JUDITH PAPARIELLO / # 23 Page 2 Public Safety Police: Fire and Rescue: No Comments. No Comments Private Utilities There are no private utilities in the portion of the alley proposed for closure. Comprehensive Plan The Comprehensive Plan recommends residential development for the area surrounding the subject s~te. Evaluation of Request The port~on of the alley proposed for closure ~s part of an undeveloped alleyway that runs north to south along the enbre block between South Maryland Avenue and Lockheed Avenue. This alleyway ~s undeveloped and ~s adjacent to another undeveloped street, Lockheed Avenue, to the south. There are no public or prwate utilibes within the alleyway. The V~ewers Committee has determined that the proposed closure w~ll not result in a public inconvenience. C~ty Council has adopted a polmy aimed at disposing of undeveloped rights-of-way to adjoining property owners ~n the Croatan community All of the funds generated from such closures are d~rected to a Croatan Beach Access account and ulbmately the funds collected are to be used by the C~ty to purchase add~bonal public access to the beach ~n the Croatan area. The proposed street closure for a portion of the alley adjacent to 837 Vanderb~lt Avenue is recommended for approval w~th the following conditions. Conditions , The City Attorney's Office shall make the final determinabon regarding ownership of the underlying fee The purchase price to be pa~d to the C~ty shall be determined according to the "Policy Regarding Purchase of C~ty's Interest ~n Streets Pursuant to Street Closures," approved by C~ty Council Copies of the policy are available ~n the Planning Department Planning Commission Agenda August 13, 2003 STEVEN AND JUDITH PAPARIELLO / # 23 Page 3 2. The applicant shall resubd~v~de the property and vacate ~nternal lot I~nes to ~ncorporate the closed area ~nto the adjoining parcels. The plat shall be submitted and approved for recordabon prior to final street closure approval. The applicant shall verify that no private utilities exist w~thin the right-of-way proposed for closure. Preliminary comments from the ubl~ty companies ~nd~cate that there are no private ubl~bes w~th~n the right-of-way proposed for closure. If private ubl~bes do ex~st, easements satisfactory to the utility company shall be prowded . Closure of the right-of-way shall be contingent upon compliance w~th the above stated conditions w~th~n 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat ~s not approved within one year of the C~ty Council vote to close the right-of-way th~s approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Planning Commission Agenda August 13, 2003 STEVEN AND JUDITH PAPARIELLO / # 23 Page 4 CROATAN BEACH MB 2,4 P ,37 BLOCK 1 5 b 0 © &. EXISTING R/W LINE TO BE VACATED dPON R/W CLOSURE LOT 1!_ i5' ALLEY M B 24 ;:';' 37 io 12 VANDERBILT AVENUE (80' R/W) ~ 24 c' 3~ Planning Commission Agenda August 13, 2003 STEVEN AND JUDITH PAPARIELLO / # 23 Page 5 Planning Commission Agenda August 13, 2003 STEVEN AND JUDITH PAPARIELLO / # 23 Page 6 Planning Commission Agenda August 13, 2003 STEVEN AND JUDITH PAPARIELLO / # 23 Page 7 Z DISCLOSURE STATEMENT STEVEN & JUDITH PAPARIELLO Applicant's Name' List All Current Property Owners STEVEN & JUDITtt PAPARIELLO PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list ~f necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, hst all members or partners in the organization below. (Attach hst if necessary) Check here if the property owner ~s NOT a corporation, partnership, firm, or other unincorporated organization. ff the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the property owner ~s a CORPORATION, list all officers of the Corporation below: (Attach list ;f necessary) If the property owner ~s a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list xf necessary) r'zl Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION I certify that the information contained herein is true andaccurate. ,~ · -,, // ~ .. Ste~en Papar~ello 'J~ ~'~~~L~ ~ Judith Papariello Street Closure Applicahon Page 8 of 15 rn~d~fled 10 16 2002 Planning Commission Agenda August 13, 2003 STEVEN AND JUDITH PAPARIELLO / # 23 Page 8 Item #23 Steven and Judith Papanello Discontinuance, closure and abandonment of a portion of an alley adjacent to 837 Vanderbllt Avenue North side of Lockhead Avenue District 6 Beach · August 13, 2003 CONSENT Dorothy Wood. Thank you. The next item is Item #23, Steven and Judith Papanello. It's an apphcatlon for a discontinuance, closure and abandonment of a portion of an alley adjacent to Vanderbdt Avenue in the Beach District. Mr. Bourdon. Eddie Bourdon: Thank you. The conditions as set forth in the street closure recommendation are acceptable. We appreciate being on the consent agenda Dorothy Wood. Is there any opposition to Item #23? It's a street closure with four conditions for Steven and Judith Papanello on Vanderbdt Avenue. Mr. Horsley, would you please comment on that. Donald Horsley: The viewers committee has determined that this closure will not result in any pubhc lnconvemence. There are no pubhc or private utdltles in this alleyway. And other such closures have occurred in this area so we as a Planning Commission think that this closure deems approval Dorothy Wood: Thank you very much. Mr. Rlpley, I would move to approve number #23 with four conditions. Ronald Rlpley. So we have a motion by Dot Wood to approve. Do I have a second? Seconded by Barry Knight. Okay. Any discussion? Let's call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE Ronald Rlpley. By a vote of 11-0 the motion carries ~a~ ~-~ Steven & Ma, p No+., 'co Scale oo8 ~ 0O7 006 R-lO R-lO R-lO '10 Street Closure ZONING HISTORY R-lO R-lO 1 10123/90 - STREET CLOSURE - Granted - 46- Item V-K. 3. PLANNING ITEM # 51724 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl MODIFIED the Ordtnance upon apphcatton of L YNNHA VEN BLOCK ASSOCIATES, L.L. C (approved by City Counctl on July 14, 1998 and Modtfied September 25, 2001) ORDINANCE UPON APPLICA TION OF L YNNHA VEN BLOCK ASSOCIATES, L L C FOR THE MODIFICATION OF A CHANGE OF ZONING DISTRICT CLASSIFICATION Z09031160 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Lynnhaven Block Assoctates, L L C for the Modt_ficatton ora Change qf Zomng Dtstrtct Classtficatton approved by Ctty Council on July 14, 1998, and as modtfied by Ctty Counctl on September 25, 2001 Property ts located at 2061, 2077, 2085 and 2093 Lynnhaven Parkway (GPINS 1475961048, 1475859946, 1475857859, 1475854849) DISTRICT1 - CENTER VILLE The followtng condttton shall be requtred An Agreement encompasstng modtfied proffers shall be recorded wtth the Clerk of Ctrcutt Court Thts Or&nance shall be effecttve tn accordance wtth Section 107 09 of the Zomng Ordinance Adopted by the Councd of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-thtrd of September, Two Thousand Three Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None September 23, 2003 City of Virginia Beach Z~E~-0FF~C~ CO~R~SPO~VENCE In Reply Refer To Our File No. DF-5769 DATE: September 10, 2003 TO: Leslie L. Lilley DEPT: City Attorney FROM: B. Kay Wilso~ DEPT: City Attorney Conditional Zoning Application Lynnhaven Block Associates, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 23, 2003. I have reviewed the subject proffer agreement, dated August 22, 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 §YI~ES. POURDON .~111 ~N &LEVY SECOND AMENDMENT TO CONDITIONS PROFFERED COVENANTS, RESTRICTIONS AND LYNNHAVEN BLOCK ASSOCIATES, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 22nd day of August, 2003, by and between LYNNHAVEN BLOCK ASSOCIATES, L.L.C., a Virginia limited liability company, party of the first part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, the Grantor is the owner of those certain parcels of property located in the Centerville District of the City of Virginia Beach, Virginia, designated as Parcels "B', "C' and "D' containing approximately three and sixty-three one hundreds (3.63) of an acre and described in Exhibit "A' attached hereto and incorporated herein by this reference said property hereinafter referred to as the "Property"; and WHEREAS, the Grantor has imtiated a second modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property which are only applicable to Parcel "D'; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated January 28, 1998 (hereinafter "1998 Proffers"), and the previously proffered Amendment to Proffered Covenants, Restricttons and Conditions dated August 2, 2001 (hereinafter "2001 Proffers") to reflect the amendments applicable to the land use plan on the Property; and GPIN: 1475-96-1048 1475-85-9946 1475-85-7859 PREPARED BY §Y[t;$. I}OUI~DON. WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed second modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modifications to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modifications and the need for which is generated by the proposed modifications. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors m title or interest, voluntarily and without any requirement by or exaction from the Grantee or ~ts governing body and without any element of compulsion or quid p. ro 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 this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons clmming under or through the Grantor, ~ts successors, personal representatives, assigns, grantees, and other successors in interest or rifle: 1. Proffer numbered ~1' in the 2001 Proffers is amended to read: When the Property is developed, Parcels ~B' and "C' shall be developed substantially as shown on the Exhibit entitled ~PRELIMINARY SITE PLAN OF THE VILLAGES OF PREPARED BY ~[i~ §Y/KS. t~OUtlDON. g~I~AtlI~N & L['VY PC LYNNHAVEN, SALEM AND LYNNHAVEN PARKWAY, Kempsville Borough, Virginia Beach, Virginia", prepared by Engineering Services, Inc., dated April 2, 1998, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "1998 Site Plan"). Parcel "A' shall be developed substantially as shown on the exhibit entitled "CONCEPT SITE PLAN FOR 7-ELEVEN', prepared by Engineering Services, Inc., dated July 2, 2001, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Parcel A Site Plan"). Parcel "D' shall be developed substantially as shown on the exhibit entitled ''BANK OF AMERICA LYNNHAVEN SQUARE NEW STORE", prepared by Smallwood, Reynolds, Stewart, Stewart & Associates, Inc., dated June 27, 2003, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter ~Parcel D Site Plan"). 2. Proffer numbered "2' in the 2001 Proffers is deleted. 3. Proffer numbered 3 in the 2001 Proffers is amended to read: When Parcel "A' is developed, Parcel "A' shall contain landscaping features substantially in accordance with the exhibit entitled "CONCEPT SITE PLAN FOR 7-ELEVEN', prepared by Engineering Services, Inc., dated July 2, 2001, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. When Parcel "D' is developed, Parcel "D' shall contain landscaping features substantially in accordance with the Parcel ''D' Site Plan. Parcels "B' and "C' shall contain a minimum of five percent (5%) of landscape and open space in addition to the 25' Landscape Buffer reference herein and the City's parking lot and foundatxon landscaping requirements. The landscape materials used shall be in accordance with the City's landscape standards in effect at the time of site plan approval. Landscaped pedestrian plazas or landscaped pedestrian access ways that incorporate a landscaped design and pavement treatment approved by the Planning Director may be counted toward the minimum five percent (5%) landscape/open space requirement referenced herein. 4. Proffer numbered "13" m the 1998 Proffers is amended to read: The external building materials and architectural design elements of the building depicted on the Parcel D Site Plan shall be substantially the same as shown on the PREPARED BY wSYI(ES. ]}OURDON. AtlERN & LEVY P.C exhibit entitled "ELEVATIONS', BANK OF AMERICA, LYNNHAVEN SQUARE SHOPPING CENTER, prepared by Smallwood, Reynolds, Stewart, Stewart & Associates, Inc., dated 7/29/03, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter ~Parcel D Rendering"). 5. All of the terms, conditions, covenants, servitudes and agreements set forth in the 2001 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4514, at Page 0910, save and except, Proffer 1 as specifically amended and modified herein and Proffer 2 as deleted herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors m interest or tifle. 6. All of the terms, conditions, covenants, servitudes and agreements set forth in the 1998 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3938, at Page 1587, save and except, Proffer 13, as specifically amended and modified herein, and Proffer 1, Proffer 2, Proffer 7, Proffer 8, Proffer 10, Proffer 12, Proffer 17, Proffer 18, and Proffer 19, as specifically amended, or deleted in the 2001 Proffers, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors in interest or tifle. The Grantor further covenants and agrees that: Ail references heremabove to R-5D and B-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of tins Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall PREPARED BY WSYI~E§. ]]OUItDON. AttnlN & lgVY PC continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written 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 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 pubhc hearing before the Grantee which was advertised pursuant to the provisions 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. (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, the Grantors 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 existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. PREPARED BY §YI~E$, [IOUt~DON AtIt~N & LEVY P C WITNESS the following signature and seal: GRANTOR: LYNNHAVEN BLOCK ASSOCIATES, L.L.C. a Virginia limited liability company Tim'o/thy M. Finn, ~[em~er/Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 25th day of August, 2003, by Timothy M. Finn, Member/Manager of Lynnhaven Block Associates, L.L.C.,. a Virginia limited liability company, on behalf of said company. Notary Public My Commission Expires: August 31, 2006 PREPARED BY SYKES. UOt~DON MIERN & LEVY. P.C EXHIBIT ALL THOSE certain lots, pieces or parcels of land with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel t3, Parcel C and Parcel D, as shown on that certain plat entitled, "SUBDIVISION OF LYNNHAVEN SQUARE LOCATED ON LYNNHAVEN PARKWAY, Virginia Beach, Virginia", prepared by Site Improvement Associates, Inc., dated October 26, 2000, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 305, at Pages 22, 23 & 24. GPIN: 1475-96-1048 1475-85-9946 1475-85-7859 MODCONDITIONS/LYNNHAVENBLOCK/PROFFER3 REV 8/25/03 -47- Item V-K. 4. PLANNING ITEM # 51725 Upon motton by Vice Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED an Or&nance upon apphcatton of RAYMOND, SR. and MAR_IL YN L CAFFEE for a Change of Zontng Dtstrtct Classt_ficatton ORDINANCE UPON APPLICATION OF RAYMOND, SR. AND MARJL YN L CAFFEE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROMA-12 to R-SD Z09031161 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of Raymond Caffee, Sr and Martlyn I Caffee Apphcatton Change ofZontng Dtstrtct Classtficatton from A-12 Apartment to R-SD Restdenttal Duplex on property located at 5019 Bonney Road (GPIN 14679077510000) The Comprehenstve Plan recommends use of thts stte for restdenttal uses above 3 5 dwelhng untts per acre DISTRICT 2 - KEMPSVILLE Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 (/) of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-thtrd of September, Two Thousand Three Vottng 11-0 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, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None September 23, 2003 Item V-K. 5. - 48 - PLANNING ITEM # 51726 Upon motion by Vice Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl DEFERRED INDEFINITEL Y Ordtnances upon apphcattons ofF. DONALD REID for a Condtttonal Change of Zomng Dtstrtct Classtficatton, Vartance to 3~ 4 4 (b) of the Subdtvtston Ordtnance that requtres all newly created lots meet all the requtrements of the City Zomng Ordtnance (CZO), and Condtttonal Use Permtt ORDINANCE UPON APPLICA TION OFF DONALD REID FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITIONAL R-20 Ordtnance upon Apphcatton ofF Donald Retd for a Change ofZomng Dtstrtct Classt_ficatton from A G- 1 and A G-2 Agrtcultural Dtstrtcts to Condtttonal R-20 Restdenttal Dtstrtct on property located at 3592 In&an Rtver Road (GPIN 1483386300) The Comprehenstve Plan recommends use of thts property for approprtate growth opportumttes conststent wtth the economtc vttahtypohctes of the City of Vtrgtma Beach DISTRICT 7 - PRINCESS ANNE AND, Appeal to Dectstons of Admtmstrattve Officers tn regard to certatn elements of the Subdtvtston Ordtnance, Subdtvtston for F Donald Reid Property ts located at 3592 Indtan River Road (GPIN 1483386300) DISTRICT 7 - PRINCESS ANNE AND, ORDINANCE UPON APPLICATION OF F DONALD REID FOR A CONDITIONAL USE PERMIT FOR AN OPEN SPACE PROMOTION Ordtnance upon Apphcatton ofF Donald Reid for a Condtttonal Use Permtt for an Open Space Promotton on property located at 3592 Indtan Rtver Road (GPIN 1483386300) DISTRICT 7 - PRINCESS ANNE September 23, 2003 - 49- Item V-K. $. PLANNING ITEM # 51726 (Continued) Vottng 11-0 (By ConsenO 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 Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None September 23, 2003 Item V-K. 6. - 50- PLANNING ITEM # 51 72 7 Council Lady Eure dt~trtbuted coptes of correspondence provided by City Staff and requested these be tnchtded wtth the pubhc record Correspondence references concerns relattve the ahgnment of Southeastern Parkway The apphcant acknowledges the development of the proposed Southeastern Parkway wtll hmtt their use of the property (Fax dated September 22. 2003. from Stephen White. Planntng Evaluation Coordinator. Letter dated August 4. 2003. from Carolyn A K Smith. Planner. to Wtlham M Verebely. Jr. Architect. Letter dater/Auguw 6. 2003. from Wtlham M Verebely. Jr. Architect to Carolyn K Smtth. Plamter ) Upon motton by Vice Mayor dories, seconded by Counctlman Reeve. City Counctl ADOPTED an Ordtnance upou apphcatton of VILLA GE CHURCH for a Condtttonal Use Permtt. fora church ORDINANCE UPON APPLICATION OF VILLAGE CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R090331127 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance zq~on Apphcatton of Vtllage Church for a Conchttonal Use Permtt for a church o. property located on the south side of In&an Rtver Road. approxtmatelr 2175feet east of Elbow Road (GPIN 1474623633) DISTRICT 1 - CENTER VILLE The followtng conditions ~ hall be requtred The Stte shall be developed and the extertor of the butldtng shall be cou ~tructed substanttally as deptcted on the &te Layout Plan entltled. "Church Facthtyfor The Vtllage Church. "prepared by l~ ereheh' & Associates. Archttects. dated Aprt118. 2003. with the etcep/~o~t of modifications made necessary by the condtttons h ~ ted below Categot3' I landscaptng shall be tnstalled, as tllustrated tn the Czty o/ l/lrgtnta Beach "Landscape Gutde" along the western prope~ t), hne begtnnlng at the northwest corner of the butldmg, to the south, endtng at the southwest corner of the parkmg lot Any /:~ eestan&ng stgn shall be monument style and complementary to the color, matertals, and destgn of the church btaldmg Final approval for the destgn of the stgn shall be obtal~wd from the Current Planmng Dtvtston/ Planmng Eva[ltalton Sectton of the Planmng Department prtor to the ts ~uatt~ e of the sign pertntt All reqlurements for rtght-of-way reservattons shall be deptcted on the final site plan and all new structures shall meet all 3 etbar ks fi'om these reservattons September 23. 2003 - 51 - Item V-K. 6. PLANNING ITEM # 5172 7 (Continued) The locatton of the stormwater management facthty and aH other structures shah meet all requtrements of the Southern Watersheds Management Area The stormwater management facthty shall not bepermttted wtthtn the reservation unless otherwtse permitted by both the Planmng Department and the Pubhc Works Department Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 60 of the Zoning Ordtnance Adopted by the Counctl of the City of Vtrgtnta Beach, Vtrgtnta, on the Twenty-thtrd of September, Two Thousand Three Voting 10-1 (By Consent) 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, Ron A Vtllanueva and James L Wood Counctl Members Vottng Nay Rosemary Wdson Counctl Members Absent None September 23, 2003 - 52 - Item V-K. 7. PLANNING ITEM # 51728 Upon motton by Vtce Mayor Jones, seconded by Councilman Reeve, Ctty Council ADOPTED Ordtnance upon apphcatton of BA YSIDE BAPTIST CHURCH for a Conchttonal Use Permtt ORDINANCE UPON APPLICA TION OF BA YSIDE BAPTIST CHUR CH FOR A CONDITIONAL USE PERMIT FOR A CHURCH (ADDITION) AND PRESCHOOL R090331128 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Baystde Bapttst Church for a Conchttonal Use Permtt for a church (addttton) and preschool on property located at 1920 Pleasure House Road (GPIN 1479460045) DISTRICT 4- BAYSIDE The followtng conchttons shall be requtred The stte shall be developed as depicted tn the submttted stte plan entttled, "Baystde Bapttst Church -Famtly Ltfe Center" dated 7/23/03 by MSA, P C and as conchttoned below Standard site improvements beyond those shown on the stte plan wtll be determined durtng detatled site plan revtew The butldtng addttton shall be constructed as deptcted tn the submttted two rendertngs entttled, "BAYSIDE BAPTIST CHURCH Famtly Ltfe Center" dated December 2002 by HBA, Ltd and tn the elevattons entttled, "Baystde Bapttst Church Famtly Life Center Addition" dated 6/30/03 by HBA Ltd All outdoor hghttng shall be shtelded to dtrect hght and glare onto the property, satd hghtmg and glare shall be deflected, shaded, and focused away from adjotntngproperty Any outdoor hghttng fixtures shall not be erected any htgher than fourteen (14)feet Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 (]) of the Zomng Ordinance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-thtrd of September, Two Thousand Three September 23, 2003 - 53 - Item V-K. 7. PLANNING ITEM # 51728 (Continued) Vottng 11-0 (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, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None September 23, 2003 - 54 - Item V-K. 8. PLANNING ITEM # 51729 Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, Ctty Counctl ADOPTED Or&nance upon apphcatton of ABUNDANT HAR VEST CHURCH for a Con&ttonal Use Permtt ORDINANCE UPON APPLICATION OF AB UNDANT HAR VEST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R090331129 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Appltcatton of Abundant Harvest Church for a Con&ttonal Use Permttfor a church on property located at 603 7 Providence Road, Suite 1 (GPIN 14565314525530) DISTRICT 1 - CENTERVILLE The following condtttons shall be requtred The untt shall be used for group gathertngs only during evemngs between 6 O0 p m and 9 O0 p m, Thursday mormngs between 11 O0 a m and 12 30p m, and Sundays between 8 O0 a m and 900pm The apphcant shall obtatn all the necessary permtts, tnspecttons, and approvals from the Ftre Department and the Permtts and Inspections Dtvtston of the Planntng Department before occupancy of the butldtng A Certtficate of Occupancy for the use shall be obtatned from the Permtts and Inspections Dtvtston of the Planntng Department 3 The use shall be admtmstrattvely revtewed on an annual basts Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 69 of the Zomng Or&nance Adopted by the Counctl of the Cay of Vtrgtnta Beach, Vtrgtnta, on the Twenty-thtrd of September, Two Thousand Three Vottng 11-0 (By Consent) 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, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Councd Members Vottng Nay None Counctl Members Absent None September 23, 2003 Item V-K. 9. - 55 - PLANNING ITEM # 51730 Upon motton by Vtce Mayor Jones, seconded by Councilman Reeve, City Counctl ADOPTED Ordtnance upon apphcatton of GREAT NECK BAPTIST CHURCH for a Condmonal Use Permit for a church (expanston) ORDINANCE UPON APPLICA TION OF GREA T NECK BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH (EXPANSION) R090331130 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance ttpon Apphcatton of Great Neck Bapttst Church for a Condtttonal Use Permtt for a church (expansion) on property located at 1020 General Jackson Dr~ve (GPIN 2408030944) DISTRICT 5 - LYNNHA VEN The following condtttons ~ hall be reqmred When the property ss developed, st shall be developed sztb, tanttally as shown on the site plan entttled "Concept Plan, Profo, ed Butldtng Expanston, Great Neck Bapttst Church ", dated June 24, 2003, prepared by Gallup Surveyors and Engineers, whtch has been exhtbtted to the Vtrgtnta Beach City Counc# and ts on file wtth the Vtrgtnta Beach Department of Planmng The bulldtng shall be constructed substantially as shown on the e[evrttlOn entitled "Great Neck Bapttst Church Faintly Ltfe Center" dateddanuary 21, 2003, whtch has been exhtbtted to the VlFglnl{l Beach Ctty Counctl and ts on file wtth the Vtrgtnta Beach Department of Planmng Foundatton landscaptngfor the new addttton shall be tnstalled along the north and south stdes of the butldtng tn accordance wtth ordinance requtrements Prtor to a Certificate Of Occupancy betng granted for the new bttt[dlng, a landscape bufferplanted wtth 8 '-10 'Leyland Cypress 13 reqmred to be tnstalled along the eastern property hne as sho~.~ n on the stte plan Thts Ordtnance shall be c[Jecttve tn accordance wtth Sectton 107 0') of the Zontng Ordtnance Adopted by the Counctl Qf the Ctty of Vtrgtnta Beach, Vtrgtma, on the Twenty-thtrd of September, Two Thousand Three September 23, 2003 - 56- Item V-K. 9. PLANNING ITEM # 51730 (Continued) Voting 11-0 (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, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Voting Nay None Counctl Members Absent None September 23, 2003 Item V-K. 10. -57- PLANNING ITEM # 51731 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Council ADOPTED Ordtnance upon apphcatton of SHARON GOLESH for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF SHARON GOLESH FOR A CONDITIONAL USE PERMIT FOR A RIDING ACADEMY, HORSES FOR HIRE AND BOARDING AND A RECREATIONAL FACILITY OF AN OUTDOOR NATURE (RIDING CAMP) R090331131 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordmance upon Apphcatton of Sharon Golesh for a Condtttonal Use Permtt for a rt&ng academy, horses for htre and boarding and a recreattonalfacdtO, of an outdoor nature (ndmg camp) on property located at 2508 West Lan&ng Road (GPIN 1492947133) DISTRICT 7- PRINCESS ANNE The followtng con&tton shall be requtred The operatton of the equestrian camp, tncludtng but not hmtted to food servtce, lodgtng facthttes, tndoor classrooms and kttchens, shall meet all Health Department and Butldtng Code requtrements Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtma Beach, Vtrgtnta, on the Twenty-third of September, Two Thousand Three Vottng 11-0 (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, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Councd Members Absent None September 23, 2003 Item V-K. 11. - 58- PLANNING ITEM # 51732 Upon motion by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Councd ADOPTED Ordtnance upon apphcatton of OMNIPOINT/T-MOBILEfor a Condmonal Use Permtt ORDINANCE UPON APPLICATION OF OMNIPOINT/T-MOBILE FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER R090331132 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Apphcatton of Ommpotnt/T-Mobtle for a Condtttonal Use Permtt for a commumcatton tower on property located at 2287 Windy Ptnes Bend (GPIN 2404698088) DISTRICT 7- PRINCESS ANNE The following condttton shall be reqmred A vartance to the requtred setbacks must be sought from the Board of Zomng Appeals If the vartance ts not granted, thts Condtttonal Use Permtt will be null and void The tower must be constructed substanttally tn conformance wtth the stte plan entttled "Vepco Penmngton, VA3044 7A "prepared by Draper Aden Assoctates and dated May 13, 2003 3 A landscape hedge conststtng of Wax Myrtle shrubs plantedfive (5)feet on center shall screen the equtpment at the base of the tower Unless a watver ts obtatned from the Ctty of Vtrgtnta Beach Department of Commumcattons and lnformatton Technology (COMIT), a radto frequency emtsstons study (RF Study), conducted by a quahfied engtneer hcensed to practtce tn the Commonwealth of Vtrgtnta, showtng that the tntended user(s) will not tnterfere with any Ctty of Vtrgtnta Beach emergency commumcatton facthttes, shall be provtdedprtor to stte plan approval In the event interference wtth any Ctty emergency commumcattons facthttes artses from the user of thts tower, the user shall take all measures reasonably necessary to correct and ehmtnate the tnterference If the tnterference cannot be ehmtnated wtthtn a reasonable trine, the user shall tmmedtately cease operatton to the extent necessary to stop the tnterference 6 Should the antennae cease to be used for a pertod of more than one (1) year, the apphcant shall remove the antennae and thetr supporttng towers and related equtpment September 23, 2003 - 59- Item V-K. 11. PLANNING ITEM # 51732 (Continued) This Ordinance shall be effecttve tn accordance with Sectton 107 O0 of the Zontng Ordinance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-thtrd of September, Two Thousand Three l/'ottng 10-1 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, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay Reba $. McClanan Counctl Members Absent None September 23, 2003 - 60 - Item V-K. 12. PLANNING ITEM # 51733 Upon motton by Vtce Mayor Jones, seconded by Councilman Reeve, Ctty Counctl ADOPTED Ordtnance upon apphcatton of CORDIE L. MARTIN for a Conchttonal Use Permtt ORDINANCE UPON APPLICATION OF CORDIE L MARTIN FOR A CONDITIONAL USE PERMIT FOR A FAMILY CARE HOME (HOME DA YCARE) R090331133 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Cordte L Marttn for a Condtttonal Use Permtt .for a famtly care home (home daycare) on property located at 3520 Sandy Potnt Key (GPIN 1487680406) DISTRICT 5 - L YNNHA VEN The followtng conchttons shall be requtred The home daycare shall be hmtted to a total often (10) chddren other than chtldren hvtng tn the home There shall be no more than five (5)children under the age of 2 ~ tn the home at one ttme 2 Hours ofoperatton shall be ltmtted to Monday through Saturday, 6 O0 a m to 6 O0 p m 3 No more than oneperson, other than a relattve reswhng tn the home, shall be employed by the home daycare 4 No stgns adverttstng the home daycare shall be permttted on the lot or butl&ngs on the lot at any time 5 The apphcant shall matntatn a family daycare home hcense wtth the Commonwealth of Vtrgtnta Fatlure to matntatn a famtly daycare home hcense shall result tn revocatton of the Condtttonal Use Permtt for the famtly day care home 6 The apphcant shall recetve a Certificate of Occupancy from the Budding Official for the home daycare/restdenttal use Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 69 of the Zontng Or&nance Adopted by the Council of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-thtrd of September, Two Thousand Three September 23, 2003 - 61 - Item V-K. 12. PLANNING ITEM # 51733 (Continued) Vottng 10-1 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, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay Reba S McClanan Counctl Members Absent None September 23, 2003 Item V-L. ADD-ON ITEM # 51734 Mayor Oberndorf brtefed the ctttzens re HURRICANE ISABEL and esttmated damage to Vlrgtnta Beach as result of storm The total damage ts esttmated from $30-to $35-MILLION, which includes $8.5-MILLION residential damage (encompassing 1,1 O0 homes) and $5.4-MILLION damage to businesses Approximately thirty (30) to forty (40) homes may no longer be fit for habttatton More than 2,300people were housed in the ten (10) shelters during the Hurricane More than 90°/6 of the 182,000 Dominion Virginia Power customers in Virginia Beach lostpower By thts morning, Tuesday, September 24, 2003, 62,909 customers still did not have power. The cost of tree removal and debrts collection ts esttmated to be $11-MILLION Many downed trees are wrapped tn power lines It will entad 7 to 10 weeks to remove the debris The CiO/ has entered into contracts wtth several natton-wtde debris removal compantes There wdl be one complete pass of the Ctty by both private contractors and Ctty personnel and then multiple opportunities wdl be available for residents to place thetr debris outstde for ptckup One sweep of the Cay will not be sufficient Power companies came from Texas, Louisiana, North and South Carolina Mayor Oberndorf advlsed Mayor Joseph P Riley, Charleston, South Carolina, contacted her offering assistance Mayor Riley had never forgotten our unselfish assistance to Charleston during the devastation of Hurricane Hugo Mayor Riley responded with thirty-six (36) police officers, flatbeds with water, two (2) Humvees, and Zodiac boats The Police Force assumed traffic control of thirty-slx (36) of the intersections Governor Mark ~Varner became involved even prior to the Hurricane Governor Mark R Y~arner called every afternoon and briefed all Mayors and Boards of Supervtsors in the Region vta Conference call He hem a Conference call also all members of the City's Congressional Delegation Sunday, he attended the meeting wtth representatives from FEMA The Governor DECLARED an emergency early tn the week September 23, 2003 ITEM # 51735 Mayor Meyera E Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2 1-344(A), Code of Vlrglma, as amended, for the followmg purpose PERSONNEL MATTERS Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, chsctphnlng, or resignation of specific public officers, appointees, or employees pursuant to Section 2 2-3 711 (A) (1) To Wit Appointments Boards and Commissions Agriculture Advisory Commission City Council "Contact" Hampton Roads Economic Development Alliance Minority Business Council OM Beach Committee Parks and Recreation Commission Tidewater Regional Group Home Commission Towing Advisory Board Virginia Beach Development Board Wetlands Board PUBLICLY-HELD PROPERTY Discussion or consideration of the acquisition of real property for a pubhc purpose, or of the disposition of pubhcly-held real property, where chscussion in an open meeting would adversely affect the bargaining posltion or negotiating strategy of the public body pursuant to Section 2 2-3711(A)(3) Acquisition/Disposition of Property - Beach District Centerville District Upon motion by Vice Mayor Jones, seconded by Councilman Schmldt, City Council voted to proceed into CLOSED SESSION (6:47 P.M.). Voting 11-0 Councd Members Voting Aye Harry E Diezel, Margaret L Eure, Vice MayorLoulsR Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmidt,, Ron A Vdlanueva, Rosemary Wilson and James L Wood Council Members Voting Nay None Council Members Absent None (6:47 P.M. - 5:25 P.M. - 8:16) September 23, 2003 Mayor Meyera E Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Councd Chamber, Cay Hall Budding, on Tuesday, September 23, 2003, at 8 16 P M Councd 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, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Absent None September 23, 2003 CER TIFICA TION OF CLOSED SESSION ITEM # 51736 Upon motton by Counctlman Wood, seconded by Counctl Lady Wtlson, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meetmg requtrements by Vtrgmta law were &scussed tn Closed Sesston to whwh thts cert~ficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton convemng the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach Ctty Counctl Vottng I I-O 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, Ron A Vtllanueva Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None September 23, 2003 OUR #~~°'t RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 51735, page 63, and ~n accordance with the provisions of The Virginia Freedom of Information Act, and, WItEREAS: Section 2 2-3 711 (A) of the Code of Vlrglma requires a certification by the governing body that such Closed Session was conducted in conformity w~th V~rglnla law. NOW, THEREFORE, BE IT RESOLVED' That the V~rg~ma Beach C~ty Counctl hereby certifies that, to the best of each member's knowledge, (a) only public bus~ness matters lawfully exempted from Open Meeting reqmrements by V~rglma law were discussed in Closed Session to whmh this certfficatlon resolution apphes, and, (b) only such public business matters as were ~dentffied in the motion convening th~s Closed Session were heard, d~scussed or considered by V~rglnla Beach C~ty Council. K~th Hodges St~th, MMC C~ty Clerk September 23, 2003 - 66- Item V-M. 1. APPOINTMENTS ITEM # 5173 7 B Y CONSENSUS, City Councd RESCHEDULED the following APPOINTMENTS: ,4 GRICUL TURAL AD VISOR Y COMMISSION MINORITY BUSINESS CO UNCIL TIDEWATER REGIONAL GROUP HOME COMMISSION September 23, 2003 - 67- Item V-M. 2. APPOINTMENTS ITEM # 51738 Vtce Mayor Louis R Jones advtsed on August 12, 2003, Ctty Counctl APPOINTED four (4) new Commtssloners to the Virginia Beach Development Authority. Ctty Council now destres to clartfy the terms of the new Commtsstoners to be tn accordance wtth the new legtslatton, stagger the terms as requtred by State Law and to make the new terms co-termtnus with those of the extsttng Board Vtce Mayor Jones MOVED to Clarify the terms C. Maxwell Bartholomew Paul V. Michels Gerrold L Miller Elizabeth A. "Boo" Twohy 9/1/03 - 8/31/06 9/1/03 - 8/31/0 7 9/1/03 - 8/31/04 9/1/03 - 8/31/05 VIRGINIA BEA CH DE VEL OPMENT AUTHORITY Vottng 11-0 Counctl Members Vottng Aye Harry E Dlezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vdlanueva Rosemary Wdson and James L Wood Council Members Vottng Nay None Counctl Members Absent None September 23, 2003 Item V-M. 3. APPOINTMENTS - 68 - ITEM # 51739 Upon NOMINATION by Vtce Mayor Jones, Ctty Counctl APPOINTED: Morgan Davis At Large Stephen L. Johnson At Large 3 year terms 09/1/03 - 08/31/06 PARKS and RECREATION COMMISSION Voting 11-0 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, &m Reeve, Peter W Schmtdt, Ron A Vtllanueva Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Councd Members Absent None September 23, 2003 - 69 - Item V-M. 4. APPOINTMENTS ITEM # 51740 Upon NOMINATION by Vtce Mayor Jones, Ctty Counctl APPOINTED: John A. Baum $ year term 10/1/03 - 9/30/08 AND, REAPPOINTED B. Rod Rodrigues C. Stephen Vinson 5 year terms 10/1/03 - 9/3 0/08 WETLANDS BOARD Vottng 11-0 Counctl 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 W Schmtdt, Ron A Vdlanueva Rosemary Wilson and James L Wood Counctl Members Voting Nay None Counctl Members Absent None September 23, 2003 - 70- Item V-N.I. NE W BUSINESS ITEM ii 51741 BY CONSENSUS, Ctty Counctl RECORDED: ABSTRACT OF CIVIL CASES RESOLVED - August 2003 September 23, 2003 - 71 - Item V-O. AD JO URNMENT ITEM # 51742 Mayor Meyera E Oberndorf DECLARED the Ctty Councd Meeting ADJOURNED at 8 20 P M Chtef Deputy Ctty Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta September 23, 2003