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JANUARY 27, 2004 AGENDACITY COUNCIL M~YOR MEYERA E. OBERNDORF, At-Large VICE M21YOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZ, EL, Kempsvdle -Distrtct 2 M,4RGARET L. CURE, Centerville . District 1 REBA S. McCLANAN, Rose Hall- D~str~ct 3 RICHARD A. MAD~X, Beach - District 6 JIM REEk'E, Princess Anne - District 7 PETER tV. SCHMIDT, At-Large RON A. V1LI. dlNUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -D~strwt 5 JAMES K. SPORE, City Manager LESLIE L. IdLLEY, City Attorney RUTH HODGES SMITH, MMCA, City Clerk CITY OF VIRGINIA BEACH "'COMMUNITY FOR A LIFETIME" il CITY COUNCIL AGENDA CITY HALL BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (75 7) 426-5669 E MAIL:Ctycncl~vbgov. corn 27 January 2004 I. CITY COUNCIL'S BRIEFING - Conference Room - 1:00 P.M. o JOINT LAND USE STUDY (JLUS) James M. "Mike" Davis Assistant Director, Office of Economic Adjustment, Department of Defense II. CITY MANAGER'S BRIEFINGS o RECAP AND CURRENT STATUS ON EXPENDITURES FOR MUHAMMAD TRIAL Paul J. Lanteigne, Sheriff' David C. Sullivan, Chief Information Officer . MUNICIPAL SKATE PARK Cindy Curtis, Director, Department of Parks and Recreation o COX CABLE FRANCHISE RENEWAL David C. Sullivan, Chief Information Officer William M. Macali, Deputy City Attorney . EMERGENCY RESPONSE SYSTEM- ERS Council Discussion III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 4:30 P.M. A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber 6:00 P.M. Ao CALL TO ORDER- MaYOr Meyera E. Obemdorf Bo INVOCATION: Reverend John L. Amos Pastor, New Fellowship Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E.' CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS January 13, 2004 G. AGENDA FOR FORMAL SESSION H. ' PUBLIC HEARINGS 1. EXCESS CITY PROPERTY at Columbus Street and Independence Boulevard . AGRICULTURAL RESERVE PROGRAM (ARP) Barry D. and Paula W. Knight, Head of River Road CONSENT AGENDA J. RESOLUTIONS . Resolution to .ACCEPT and APPROVE the concept of the OLD BEACH DISTRICT study; and, AUTHORIZE the committee to continue its public involvement process with a final recommendation on the refined study after the consultant completes its work. . A joint Resolution of City Council and Virginia Beach School Board to REQUEST that the United States Congress and the Virginia General Assembly refrain from enacting any additional under-funded or unfunded mandates and then review existing programs imposed by such mandates. Ko ORDINANCES . Ordinance to AMEND {}2-90 of the City Code re restrictions on certain political activities by city employees and bring the City Code into compliance with the Virginia Code § 15.2-1512.2. . Ordinance to DECLARE EXCESS PROPERTY at Independence Boulevard and Columbus Street; and, AUTHORIZE the City Manager to execute an Agreement of Sale to Crawford Properties, L.L.C. (KEMPSVILLE- DISTRICT 2) . Ordinance to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP) development rights for 77.57 acres at the Head of River Road from Barry D. and Paula W. Knight for $178,410. (Installment Agreement 2003-61). (PRINCESS ANNE- DISTRICT 7) , Ordinance to AUTHORIZE the City Manager to execute the First Amendment to the Post-Closing Agreemem (June 11, 2003) with LifeNet re the purchase the remaining 6.57 acres of the original 21.81, more or less, acres, Parcel 5, at Princess Anne Road and Concert Drive. (PRINCESS AiNNE- DISTRICT 7) . Ordinance to ACCEPT and APPROPRIATE a $31,000 Grant from the Virginia Environmental Quality to the FY 2003-04 operating budget of the Department of Museums and Cultural Arts re a statewide stranding network for the Virginia Marine Science Museum (VMSM). . Ordinance to ACCEPT and APPROPRIATE $10,000 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2003-04 operating budget re pre-deployment administrative costs for the urban search and rescue team. . Ordinance to TRANSFER $5,000,000 from the Pavilion Theatre Replacement project and $750,000 from the Tidewater Community College Expansion to Rudee Loop Development- Phase I re purchase of property from Robert Herman Properties, L.L.C. L. PLANNING- NO ACTION NECESSARY Ordinance to AMEND Sections 111,233.1,701,901, 1001, 1501, 1511 and 1521 of the City Zoning Ordinance (CZO), pertaining to Conditional Use Permits re sales or service of alcoholic beverages in the H-l, B-l, B-2, B-3, B-3A, B-4, I-1, I-2, RT-1, RT-2 and RT-3 Zoning Districts (Deferred by the Planning Commission). PLANNING Application of THOMAS E. WRIGHT for the discontinuance, closure and abandonment of a portion of Lineberry Road, on the east side of Doctor Drive and northeast of Hospital Drive to incorporate the area into two'adjoining residential lots. (DISTRICT 3 - ROSE HALL) Recommendation: APPROVAL . Application of BAYSIDE PRESBYTERIAN CHURCH for a Conditional Use Permit re a columbarium at 1400 Ewell Road. (DISTRICT 4- BAYSIDE) Recommendation: APPROVAL o Applications of O B F P, INC. on the east side of South Birdneck Road, south of Bells Road. DISTRICT 6- BEACH ao Change of Zoning District Classification from R-10 Residential District, A-12 Apartment District and B-2 Community Business District to Conditional I-1 Light Industrial District re a light industrial office-warehouse park. bo Modification ora Conditional Use Permit for Aqua Sports, Inc. (approved by City Council on June 23, 1986). Recommendation: APPROVAL Mo APPOINTMENTS BOARD OF BUILDING CODE APPEALS - Plumbin~Mechanical COMMUNITY POLICY and MANAGEMENT TEAM - CSA AT-RISK YOUTH COMMUNITY SERVICES BOARD- CSB FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE - HREDA HUMAN RIGHTS COMMISSION I I I I I II MINORITY BUSINESS COUNCIL OPEN SPACE; COMMITTEE PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA- SEVAMP TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION-VBCDC WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) Agenda I/22/04 gw www.vbgov.com I. CITY COUNCIL'S BRIEFING - Conference Room - 1:00 P.M. JOINT LAND USE STUDY (JLUS) James M. "Mike" Davis Assistant Director, Office of Economic Adjustment, Departrnem of Defense II. CITY MANAGER'S BRIEFINGS RECAP AND CURRENT STATUS ON EXPENDITURES FOR MUHAMMAD TRIAL Paul J. Lanteigne, Sheriff David C. Sullivan, Chief Information Officer . MUNICIPAL SKATE PARK Cindy Curtis, Director, Department of Parks and Recreation o COX CABLE FRANCHISE RENEWAL David C. Sullivan, Chief Information Officer William M. Macali, Deputy City Attorney . EMERGENCY RESPONSE SYSTEM- ERS Council Discus, sion III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS i I iiii I I V. INFORMAL SESSION - Conference Room - 4:30 P.M. A. CALL TO ORDER-. Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION i VI. FORMAL SESSION -Council Chamber - 6:00 P.M. A. CALL TO ORDER.- Mayor Meyera E. Obemdorf Bo INVOCATION: Reverend John L. Amos Pastor, New Fellowship Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Do ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AiND FORMAL SESSIONS January 13, 2004 G. AGENDA FOR FORMAL SESSION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC HEARINGS 1. EXCESS CITY PROPERTY at Columbus Street and Independence Boulevard o AGRICULTURAL RESERVE PROGRAM (ARP) Barry D. and Paula W. Knight, Head of River Road 'SUNDAY, JANUARY 18, 2004 ~ arrl sa~ d 0~,~1~ acm ~22,8~+ S.F.).of end is.tocal~! at tl'm ~ corner of ~ T~, ~ 27, ~ ~ 6~ p.m., in ~ ~ ~m~ r ~ ~ ~ ~1 ~ ~i~ ~_~ ~e ~n~ ~ch Mun~ci~t ~~ '/~ ~ C~'s ~' ~ ~ m ~~ ~o~ if y~ am ~ ~ m ~ ~'~ ~ ass~- ~7~ ~ ~, ~ ~ ~ 42743~ ~D- Te~ ~ ~~ ~~~ ~ ~ ~ecmd to the (757~274~61. R~h ~ StaSh, MMCA 9eacon ~ua~y 18, 2~4 11018578 l'i..~E 'BEAC;Oiq SUNDAY, JANUARY 1i. 1, 2.004 SUNDAY, JANUARY 18, 2004 NOTICE OF PUBUC HEARING ON THE EXECUTION AND DELIVERY OF INSTALLMENT PURCHASE AGREEMENTS FOR THE AC~UtSII'ION OF O~ RIGHTS ON CERTAIN PRO~ER~ BY THE. crPf O~ VIR~'NIA BEACH, VIRGINIA ~c~ ~ hereby ~m._ .ma,.me O~ Coun~ of me.c,l~/-o~ Beach, Vt~nia, w~ ~ a. Pt/oNc Heartn~ wtth resp~t ~o ~ execu- tion and delNe~ o~ ~ Purchase Agreement~ for ~ acquisi- tion of a~tcu!tural ~.pmservat~ ~a~ements w~tl~ respect to land Jo(~ed'o~ Head o¢~mr, '_aead, .inthe C~ of Vl~nta 8ee~, pursueht to O~ltname'l~;,.~.9, ~ as the/~:ultura! Lands ~ram for the southern ~aen d. '.~_ City'~est~nateU to (a) ~ encour'a~e-the t~re~ of fama~d, (b) prese~/e o;en ~ and the aree's rural 813ela~l~; (¢) convert,e., alqd I~l~tect enyimnmen[all), turn imprOvemetits att~.l)le~3et~ure of i:~.lblic furKls for im~overrlents, arid {e) a~ in ~the- .c~., direction and ct~ase_.~, i:,Jrsuam to'lflstallme~t Purci~e'~la for an Cate estimated maximum l~.'mhase pr~...e¢$:t'~8~410. T~ obligation to ;ay the puffittase price under the Installment PurCltase Agreements is a I~eneral obli~atiofl of the Ci~, an~l '~e .~1 'faith and credit and [he unlimtte~ taxing power of tile City wiii be ~e~cably 131edged to the puflctt~ payment of the 13umhase t3rtce and the ~lter- est on the unpai¢ ~ balanoe of the purchase price as and when the same respectively_become due and payable. The pubti~__hearir~,I which may be continued or. a~oumed, will be held by the City Counci on )anuary 27, 2004, at 6.'00 p.m. in the City Council Chamber ioca.ted on the 2nd floor of'the City Hall Buildin~ at the Municipal Can- {er of the City of Virgint3 Beach, Virginia, Any person InteresteO in tl3~s ~atter may appear and be heard. CITY OF VIRGINIA BEACH, VIRGINIA Ruth H'odges Smith, MMCA Beacon )anuary '!.1 and ._Ja.t~a.~8 2004 310013~2 NO31CE OF PUBUC H~ ~ .THE EXECUTION AND DELIYERY OF ~~~ ~ ~S ~ THE V~, ~D'~ a ~ ~ w~ ~ to ~ ex~- ~ ~:~ ~,.~ of'~.~ ~~ m(~~ ~ ~~ m~s. (~ ~ ~ ~r ~ ~ f~ ~ ~s~c- ~ ~t to' ~~ ~ ~ f~ ~ ~a~ ~x~-~ ~ ~ $~78.~0, ~ C~'s ob~ to ~ ~ p~mh~ ~ un~r ~ ins~lim~t P~ · ~ ~ res~c~ ~ due ~ ~y~te. 'f~ public ~ J~ 27, 2~, at 6:~ p.m. ;n the Cit~ ~qci; ~ on the 2Od ~ ~ ~ CRy H~I ~4dmg at the Muni~'¢ ter of ~ Oily o~B ~, Virginia. Any ~r~m in~rest~ ~ttef ~' ~ar ~ ~ he~d. CI~ OF ~PGIN~ ~fl, VIRGIN~ ~uth Hu, d~eS Smith, ~MCA C~ I. CONSENT AGENDA J. RESOLUTIONS o Resolution to ACCEPT and APPROVE the concept of the OLD BEACH DISTRICT study; and, AUTHORIZE the committee to continue its public involvement process with a final recommendation on the refined study after the consultant completes its work. , A joint Resolution of City Council and Virginia Beach School Board to REQUEST that the United States Congress and the Virginia General,Assembly refrain from enacting any additional under-funded or unfunded mandates and then review existing programs imposed by such mandates. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution regarding Old Beach District Center plan MEETING DATE: January 27, 2004 · Background: A document entitled Virginia Beach-Creating an Old Beach District Center was prepared for the city by Skidmore, Owings and Merrill in February 2003. The purpose of this plan is to provide planning guidance with regard to future design, land use, open space, transportation and other aspects of development in the vicinity of the new Convention Center. On November 4, 2003, the City Council established the Old Beach District Master Plan Advisory Committee to study certain issues associated with this plan, seek public input and bring forward recommendations. A well-attended public open house was held on January 12, 2004 where the public had the opportunity to review and offer written and oral comments on the plan. These comments were reviewed by the committee and considered prior to submittal of the attached recommendations. · Considerations: This city council resolution supports the general principles and guidelines cited in the Old Beach District Center Plan. · Public Information: This resolution has been advertised in the same manner as other City Council agenda items. · Recommendations: Approve the resolution, with conditions · Attachments: Cover Letter from Chairman of the Old Beach District Master Plan Advisory Committee and Resolution Recommended Action: Approval, subject to certain conditions Submitting Department/Agency: Department of Planning ~ City Manager~~-~~/J'~ A RESOLUTION ADOPTING THE "OLD BEACH DISTRICT STUDY" 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 WHEREAS, on November 4, 2003, the City Council established the Old Beach District Master Plan Advisory Committee to study certain issues concerning the implementation of the Old Beach Master Plan; WHEREAS, part of the mission of the Committee was (1) to familiarize itself with the "Creating an Old Beach District Center" study dated February' 14, 2003 (~Old Beach District Study") and the market analysis prepared by URS, Bus Rapid Transit studies, and any other studies pertinent to the development of the area; and(2) to lead and engage the public in general and specific groups in the discussion of plan design elements, with the groups to include the Resort Advisory Committee, Planning Commission, Hampton Roads Transit, and City Council and to bring forward recommendations to City Council on the adoption of the Old Beach Master Plan, for final approval by City Council on or before January 27, 2004; WHEREAS, the Committee has thoroughly familiarized itself with the contents of the Old Beach District Study, discussed it among themselves, City staff and citizens; WHEREAS, on January 12, 2004, an open house on the Study was held and attended by nearly four hundred (400) people who came away well-informed on the nature of the project; and WHEREAS, the Committee has carefully reviewed the comments of the open house and has recommended that the City Council approve 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 the Old Beach District Study in concept, subject to a thorough investigation by the City's consultant of the following elements: 1. Schematic design of the linear park on 19~h Street, including a recommendation of the properties to be acquired; 2. Schematic design of 19th Street, including a workable cross-section, and detailing of properties to be acquired, if any; 3. Schematic design of 17th Street, including a workable cross-section, and detailing of properties to be acquired, if any; 4. Schematic integration of the new middle school site into the plan; 5. An assessment of needed transportation, mobility improvements, and parking needs in the areas including identification of laneage and other needs for BRT, with reference to overall transportation needs of the resort area; 6. Recommendations on strategies for engaging the private sector in appropriate development of privately owned land in this area; 7. A set of detailed design guidelines for public and private development, redevelopment and renovation in the area; 49 50 51 52 53 54 55 56 57 58 59 8. A strategy for marketing and development for the City's ll-acre site at Birdneck Road and 19~h Street; 9. A schematic design of the oceanfront park linking the 19~n Street corridor to the Boardwalk; 10. Schematic integration of the convention hotel development and the Dom Site development into the area plan;.. 11. A prioritization and sequencing of elements in the area master plan; 12. A review of proposed zoning ordinance amendments to implement the master plan; and 13. Other topics as identified by the Advisory Committee. 6O 61 62 63 64 65 66 67 68 69 70 71 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, V~RGINIA: That the City Council hereby approves the Old Beach District Study in concept, subject to a thorough investigation by the City's consultant of the items listed above. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Committee shall continue its ongoing public involvement process with the community and the consultant. 2. That the Co'mmittee shall bring forward to City Council a final recommendation on the refined Old Beach District Study once the consultant has completed its work. 72 73 Adopted by the Council of the City of Virginia Beach, Virginia on the day of January, 2004. CA- 9098 F: I DatalAtylOrdinlNONCODE~old beachadopt.wpd R-3 - January 21, 2004 APPROVED AS TO CONTENT: P 1 anni ng,-mepa rtment APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office January 20, 2004 Honorable Meyera E. Oberndorf, Mayor Members of City Council RE: Old Beach District Master Plan Advisory Committee Recommendations Dear Madam Mayor and Members of City Council: On November 4, 2003, you appointed the Old Beach District Master Plan Advisory Committee, and established as one of its tasks a recommendation on the adoption of the "Old Beach District Study" on or before January 27, 2004. To that end, we have thoroughly familiarized ourselves with the contents of the study, discussed it among ourselves and with the city staff, and have held a public open house for the area residents to review the plan and to tnake comments. The open house, held on January 12 at the Pavilion, was extremely successful and attended by nearly 400 people, who came away well informed on the nature of the project. We have carefully reviewed the comments made at the open house and have formulated the following recommendation. We recommend that on January 27, 2004, the City Council approve the Old Beach District Study in concept, subject to a thorough investigation by the city's consultant of the following elements: @ Schematic design of the linear park on 19th Street, including a recommendation of the properties to be acquired; Schematic design of the 19th Street, including a workable cross-section, and detailing of properties to be acquired, if any; Schematic design of 17th Street, including a workable cross-section, and detailing of properties to be acquired, if any; Schematic integration of the new middle school site into the plan; c~ An assessment of needed transportation, mobility improvements, and parking needs in the areas including identification of laneage and other needs for BRT, with reference to overall transportation needs of the resort area; Recommendations on strategies for engaging the private sector in appropriate development of privately owned land in this area; A set of detailed designed guidelines for public and private development, redevelopment and renovation in the area; A strategy for marketing and development of the City's 11-acre site at Birdneck Road and 19th Street; A schematic design of the oceanfront park linking the 19th Street corridor to the Boardwalk; Schematic integration of the convention hotel development and Dome Site development into the area plan; A prioritization and sequencing of elements in the area master plan; A review of proposed zoning ordinance amendments to implement the master plan; Other topics as identified by the Advisory Committee. These elements should be addressed by the consultant as part of an ongoing public involvement process with this committee and with the community. Once the consultant has completed his work and has delivered to the city a refined District Study satisfactorily addressing each of the above points, then final approval should be given by the City Council to that refined District Study as the final Master Plan for the 19th Street Corridor and the Old Beach District. Sincerely, William D. Almond Chairman Virginia Beach City Council January 13, 2004 6:00 p.m. CITY COUNCIL: Meyera E. Oberndorf, Mayor Vice Mayor R. Jones Harry E. Diezel Margaret L. Eure Reba S. McClanan Richard Maddox Jim Reeve Peter W. Schmidt Ron Villanueva Rosemary Wilson James L. Wood At-Large Bayside - District 4 Kempsville - District 2 Centerville District 1 Rose Hall - District 3 Beach - District 6 Princess Anne - District 7 At-Large At-Large At-Large Lynnhaven - District 5 CITY MANAGER: CITY ATTORNEY: CITY CLERK: STENOGRAPHIC REPORTER: James K. Spore Leslie L. Lilley Ruth Hodges Smith, MMC Dawne Franklin Meads VERBATIM Resolution to request the Commonwealth and the Federal Government refrain from passing under-funded and unfunded mandates on local governments; and, requesting Congress and the General Assembly review existing programs and reduce egregious requirements. January 13, 2004 INFORMAL SESSION MAYOR OBERNDORF: Number 3, the Resolution requesting the Commonwealth of Virginia. Mrs. Wilson. COUNCIL LADY WILSON: I would like to ask that we just defer this until the next time. There was just a little communication glitch, because we are doing this in tandem with the School Board and they had not had a chance to review this until tonight. They do things a little bit differently. Their process is one meeting they have the information and the next meeting they vote. So, they are going to get this as information tonight and then they will be able to vote on it next week. So, Ron and I just didn't think it was appropriate for us to go ahead and vote before they had a chance to look at it for information. VICE MAYOR JONES: COUNCIL LADY WILSON: VICE MAYOR JONES: So, you want to defer it for a week? Defer it until the next voting meeting. Until the 27th. MAYOR OBERNDORF: COUNCIL LADY WILSON: Defer it until January 27th? Uh-huh. MAYOR OBERNDORF: Okay. Thank you. FORMAL SESSION VICE MAYOR JONES: Item I-3, consent to defer until January 27th, the Resolution to request the January 13, 2004 Commonwealth of Virginia and the Federal Government refrain from passing under-funded and unfunded mandates on local governments; and, requesting Congress and the General Assembly to review existing programs and reduce egregious requirements placed on local governments and school boards. So moved, Madam Mayor. COUNCILMAN SCHMIDT: Second. MAYOR OBERNDORF: There's a motion and a second. Are there any questions? I have one quick one on Planning 1, a and b. Is that with the revised Ordinance that was given out in the Informal Session? CITY CLERK: Your Honor, that was not a revised Ordinance. That was the Ordinance. It was not given to us in time to get into the Agenda. MAYOR OBERNDORF: Oh, okay. I'm sorry. Okay. Are we ready for the question? CITY CLERK: By a vote of 11 to 0 you have approved the Consent Agenda as read by the Vice Mayor, with Mrs. McClanan vote being registered as nay on Item J-5. ITEM: CITY OF VIRGINIA BEACH AGENDA ITEM I III A Resolution Requesting That the Commonwealth of Virginia and the Federal Government Refrain From Enacting Under- Funded and Unfunded Mandates That Require Expenditures by Local Governments and School Boards MEETING DATE: January 27, 2004 · Background: The City Council and the School Board created a joint task force, the Unfunded Mandates Task Force, to study unfunded and under-funded mandates and to make recommendations for addressing such mandates. Unfunded and under- funded mandates often impose egregious requirements on local governments and school boards without providing the funding necessary to comply with the programs' requirements. For example, the cost to comply with the requirements of the No Child Left Behind Act are likely to exceed, by a factor of 20 to 30 times, the amount of funding provided by the federal government for the program. At their most recent meeting, the task force concluded that the City Council should request that Congress and the Virginia General Assembly discontinue passing unfunded and under-funded mandates and also that the legislatures review existing mandates, such as the No Child Left Behind Act and special education programs.. On January 20, 2004, the School Board adopted such a resolution. The wording of the School Board's resolution is identical to that of the attached City Council resolution. · Considerations: -I'he resolution requests that Congress and the General Assembly refrain from passing additional unfunded or under-funded mandates on local governments and school boards, and it requests that Congress and the General Assembly review existing programs to reduce the requirements imposed by such mandates. · Public Information: The resolution will be advertised as a normal agenda item. · Attachments: Resolution. Recommended Action: Adoption of Resolution Submitting Department/Agency: Councilmembers Wilson & Villanueva City Manager: F:\Data~,ty\Ordin\Noncode\Mandates Agenda.doc Requested by Councilmembers Wilson and Villanueva A RESOLUTION REQUESTING THAT THE COMMONWEALTH OF VIRGINIA AND THE FEDERAL GOVERNMENT REFRAIN FROM ENACTING UNDER-FUNDED AND UNFUNDED MANDATES THAT REQUIRE EXPENDITURES BY LOCAL GOVERNMENTS AND SCHOOL BOARDS 7 WHEREAS, both the Commonwealth of Virginia and the Federal Government have, for 8 a number of years, enacted legislation creating required activities, performance standards, and 9 other measures without providing sufficient funding to comply with the requirements; l0 WHEREAS, many of these programs and requirements are insufficiently funded, not 11 funded at all, or their financial impact on local governments and school boards has not been fully identified by the federal and state governments; 13 WHEREAS, these programs have come to be known as unfunded or under-funded mandates; 15 WHEREAS, such unfunded or under-funded mandates include the recent federal "No Child Left Behind Act" for public schools, special education programs, such as the Individuals ~ 7 with Disabilities Education Act (IDEA), state-imposed early retirement programs for all public 18 employees, and various standards, regulatory actions, rule making and inter-governmental ~ 9 mandates; and 20 21 WHEREAS, local governments are compelled to comply with such unfunded or under- funded mandates because they are statutory or lack of compliance generally will result in a loss 22 of other state or federal funding; 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AND SCHOOL 24 BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 25 26 27 1. That the City Council and the School Board of the City of Virginia Beach hereby request that the United States Congress and the Virginia General Assembly refrain from enacting additional unfimded or under-funded mandates on local governments and school boards; and 28 2. That the City Council and the School Board of the City of Virginia Beach hereby 29 requests that the United States Congress and the Virginia General Assembly review existing 30 programs, such as those mentioned above, seek to minimize the imposition of financial burdens, 31 and reduce the requirements placed on local governments and school boards by these mandates. 32 Adopted by the Council of the City of Virginia Beach on day of 33 ,2OO4. CA-9089 Ordin/Noncode/mandates Resolution. doc R-2 January 21, 2003 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's OfficeTM ~ K. ORDINANCES . . . . . . Ordinance to AMEND {}2-90 of the City Code re restrictions on certain political activities by city employees and bring the City Code into compliance with the Virginia Code {} 15.2-1512.2. . Ordinance to DECLARE EXCESS PROPERTY at Independence Boulevard and Columbus Street; and, AUTHORIZE thc City Manager to execute an Agreement of Sale to Crawford Properties, L.L.C. (KEMPSVILLE- DISTRICT 2) Ordinance to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP) development rights for 77.57 acres at the Head of River Road from Barry D. and Paula W. Knight for $178,410. (Installment Agreement 2003-61). (PRINCESS ANNE- DISTRICT 7) Ordinance to AUTHORIZE the City Manager to execute the First Amendment to the Post-Closing Agreement (June 11, 2003) with LifeNet re the purchase the remaining 6.57 acres of the original 21.81, more or less, acres, Parcel 5, at Princess Anne Road and Concert Drive. (PRINCESS ANNE - DISTRICT 7) Ordinance to ACCEPT and APPROPRIATE a $31,000 Grant from the Virginia Environmental Quality to the FY 2003-04 operating budget of the Department of Museums and Cultural Arts re a statewide stranding network for the Virginia Marine Science Museum (VMSM). Ordinance to ACCEPT and APPROPRIATE $10,000 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2003-04 operating budget re pre-deployment administrative costs for the urban search and rescue team. Ordinance to TRANSFER $5,000,000 from the Pavilion Theatre Replacement project and $750,000 from the Tidewater Community College Expansion to Rudee Loop Development- Phase I re purchase of property from Robert Herman Properties, L.L.C. CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Ordinance to Amend Section 2-90 of the City Code Pertaining to Employee Political Activity MEETING DATE: January 27, 2004 Background: The General Assembly has enacted legislation, codified at Virginia Code § 15.2-1512.2, that addresses political activity by persons employed by local governments as fire fighters, emergency medical technicians, law enforcement officers, as well as employees of constitutional officers. Specifically, this statute provides that no locality may prohibit such employees from running for office or from participating in political campaigns while off duty, out of uniform and not on the premises of their employment. Considerations: On its face, the state legislation applies only to certain groups of employees. However, to apply these provisions only to certain types of city employees, without a rational basis for not applying them to all employees, would create issues under the Equal Protection clause of the U. S. Constitution; for this ;reason, the proposed amendment would apply to all city employees. The significance of this change is that City employees will no longer be prohibited from being mayoral or city council candidates, or from participating in such campaigns. In 1990, the City Council had amended City Code § 2-90 to prohibit such activities. Attachments: Ordinance Virginia Code § 15.2-1512.2 IRecommended Action' .Approval Submitting Department/Agency: City Attorney City Manag~(, ~_, (' F:\DataV~,TY~'rdin\NONCODE~-90 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO CERTAIN POLITICAL ACTIVITIES BY CITY EMPLOYEES TO CONFORM WITH STATE LAW SECTION A-MENDED' 5 2-90 BE IT ORDIANED BY THE CITY COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA' 12 That Section32-90 of the City Code is hereby amended 13 and reordained to read as follows- 14 15 Sec. 2-90. Restrictions on certain political activities by 16 city employees. 17 18 (a) The provisions of this section shall apply to all 19 members of the merit, service of the city (as defined by chapter 20 2, article III, division 1, section 2-76 of the Code of the City 21 of Virginia Beach), the city manager and all department heads 22 and employees appointed by him, officers appointed by the city 23 council, and all staff assistants in those departments 24 (including the city clerk, city attorney, and real estate 25 assessor, but excluding members of boards and commissions). 26 (b) The restrictions of this section are designed to 27 protect every employee's right to vote and to keep this right 28 free from interference, solicitation or dictation by any fellow 29 employee, supervisor,, official, or candidate. Every employee is 30 encouraged to exercise his or her right to vote and cast his or 31 her ballot in every appropriate election and shall be free to 32 express his or her opinion as to candidates or issues at any 33 time except during working hours or when officially representing 34 the City of Virginia Beach. 35 (c) No person to whom this section applies shall use the 36 status or prestige of his or her position with the city on 37 behalf of or in opposition to any candidate for elective office. 38 (d) No person to whom this section applies shall use any 39 city funds, supplies, or equipment for political purposes, nor 40 shall any such person wear his or her city uniform while 41 participating in any manner in political activities. 42 45 48 ......... ~+" 'i -^-~^- ^~ ~^ ity f 'rg~ .... .... ~ ....... z councz ...... C ^ Vz ..... B 49 (~) The provisions of this section shall be enforced in 50 concert with applicable city and departmental policies and 51 procedures. 52 (~f) Violation of this section shall constitute a cause for 53 dismissal from employment. 54 COMMENT · 55 56 57 58 59 6O 61 The changes to this section reflect changes in state law (Code of Virginia 6 15.2-1512.2). City employees will no longer be prohibited from being mayoral or City Council candidates, or participating in such campaigns, since state law now provides that becoming a political candidate or participating in such campaigns are protected political activities. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. CA-8228 ORDIN/NONCODE / 02 -090ordalt. doc R-1 January 21, 2004 APPROVED AS TO CONTENT City Attorney'~ f~ice APPROVED AS TO LEGAL SUFFICIENCY: t/~i-ty Attorney' ~ffice ! § 15.2-1512.2. Political activities of firefighters, emergency medical technicians and law- enforcement officers and certain other officers and employees. -- A. For the purposes of this section: "Emergency medical technician" means any person who is employed within the fire department or public safety department of a locality whose primary responsibility is the provision of emergency medical care to the sick or injured, using either basic or advanced techniques. Emergency medical technicians may also provide fire protection services and assist in the enforcement of the fire prevention code. "Firefighter" means any person who is employed within the fire department or public safety department of a locality whose primary responsibility is the prevention or extinguishment of fires, the protection of life and property, or the enforcement of local or state fire prevention codes or laws pertaining to the prevention or control of fires. "Law-enforcement officer" means any person who is employed within the police department, bureau or force of any locality, including the sheriffs department of any city or county, and who is authorized by law to make arrests. "Locality" means counties, cities, towns, authorities or special districts. "Political campaign" means activities engaged in for the purpose of promoting a political issue, for influencing the outcome of an election for local or state office, or for influencing the outcome of a referendum or special election. "Political candidate" means any person who has made known his or her intention to seek, or campaign for, local or state office in a general, primary or special election. "Political party" means any party, organization or group having as its purpose the promotion of political candidates or political campaigns. B. Notwithstanding any contrary provision of law, general or special, no locality shall prohibit firefighters, emergency medical technicians or law-enforcement officers within its employment, or deputies, appointees and employees of local constitutional officers as defined in § 15.2-1600, from participating in political activities while these employees are off duty, out of uniform and not on the premises of their employment with the locality. C. For purposes of this section, the term "political activities" includes, but is not limited to: voting; registering to vote; soliciting votes or endorsements on behalf of a political candidate or political campaign; expressing opinions, privately or publicly, on political subjects and candidates; displaying a political picture, sign, sticker, badge or button; participating in the activities of, or contributing financially to, a political party, candidate or campaign or an organization that supports a political candidate or campaign; attending or participating in a political convention, caucus, rally, or other political gathering; initiating, circulating or signing a political petition; engaging in fund-raising activities for any political party, candidate or campaign; acting as a recorder, watcher, challenger or similar officer at the polls on behalf of a political party, candidate or campaign; or becoming a political candidate. D. Firefighters, emergency medical technicians, law-enforcement officers, and other employees specified in § 15.2-1512.2 B are prohibited from using their official authority to coerce or attempt to coerce a subordinate employee to pay, lend or contribute anything of value to a political party, candidate or campaign, or to discriminate against any employee or applicant for employment because of that person's political affiliations or political activities, except as such affiliation or activity may be established by law as disqualification for employment. E. Firefighters, emergency medical technicians, law-enforcement officers, and other employees specified in § I5.2-1512.2 B are prohibited from discriminating in the provision of public services, including but not limited to fire fighting, emergency medical, or law-enforcement services, or responding to requests for such services, on the basis of the political affiliations or political activities of the person or organization for which such services are provided or requested. F. Firefighters, emergency medical technicians, law-enforcement officers, and other employees specified in § 15.2-1512.2 B are prohibited from suggesting or implying that a locality has officially endorsed a political, party, candidate or campaign. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Excess City Property I Independence Boulevard and Columbus Street MEETING DATE: January 27, 2004 Background: E. W. Crawford, Jr., Manager of Crawford Properties, L.L.C. proposes to acquire an approximate 0.525 acre parcel of land owned by the City of Virginia Beach known as GPIN #1477-44-1293-0000 (the "Excess Property") for the price of $100,000. The City acquired title to this property for the Independence Boulevard, Phase III road widening project in 1991 by deed. This property is a wooded lot that is located at the corner of Independence Boulevard and Columbus Street that will be used for a parking lot if declared to be in excess of the City's needs and conveyed to Crawford Properties, L.L.C. Mr. Crawford has a contract on the Navy Federal Credit Union property, GPIN#1477-34-9105-0000; and also referred to as Parcel 7-A-1, which is immediately adjacent to and just west of the City owned property. Crawford Properties, L.L.C. plans to demolish the credit union building and in its place construct a two (2) story Ethan Allen Furniture Showroom. The redevelopment will work only if it incorporates the 0.525 acre parcel of City land. In addition to purchasing the Excess Property, the City is allowing Crawford Properties, L.L.C., at their own expense, to clear and landscape the second City owned parcel fronting on Independence Boulevard, designated as GPIN #1477-44- 2173-0000. Crawford Properties, L.L.C. will landscape this second parcel in accordance with plans approved by the City and will be responsible for the maintenance thereof. Crawford Properties, L.L.C. will grant to the city a first right of refusal to purchase Parcel 7-A-1, also described as GPIN #1477-34-9105-0000, and a first right of refusal to repurchase the Excess Property for $100,000 in the event that it either receives a third party offer to purchase same, or in the event that the proposed use of the properties change. Agenda Item Crawford Properties, L.L.C. Page 2 Considerations: The Excess City Owned Real Property Committee and City staff reviewed the applicant's request and determined that the City has no need for the Proposed Excess Property. The Committee and staff have no objection to the City Council conveying the property to Crawford Properties, L.L.C. Public Information: Advertisement for public hearing as required by § 15.2-1800 of the Code of Virginia and advertisement of City Council Agenda. Alternatives: Declare the Proposed Excess Property to be in excess of the City's needs and convey same to Crawford Properties, L.L.C. or retain ownership ofthe subject site. Recommendations: Staff recommends that Council adopt the ordinance declaring the proposed Excess Property (0.525+_ acres) to be in excess of the City's needs and authorize the City Manager to execute an Agreement of Sale and any necessary documents to convey same to Crawford Properties, L.L.C. under terms stated herein and pursuant to any other terms that the City Attorney's Office deems necessary to protect the City's interests in this property exchange. Attachments: Ordinance, Summary of Terms, Location Map, Pictures and Plat Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works I Real Estate and ~ Economic Development~ AN ORDINANCE DECLARING AS EXCESS CERTAIN CITY-OWNED PROPERTY LOCATED AT INDEPENDENCE BOULEVARD AND COLUMBUS STREET AND AUTHORIZING CITY MANAGER TO EXECUTE AN AGREEMENT OF SALE TO CONVEY SAME TO CRAWFORD PROPERTIES, L.L.C. WHEREAS, 'the City of Virginia Beach acquired title to approximately 0.525 acres of property, identified as GPIN 1477-44-1293-0000 (the "Excess Property'), for Independence Boulevard, Phase III road widening project in 1991 by deed recorded in Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2999, page 1819; and WHEREAS, the City Council is of the opinion that the Excess Property shown on the "LOCATION MAP SHOWING EXCESS CITY OWNED PROPERTY INDEPENDENCE BOULEVARD AND COLUMBUS STREET", attached hereto as Exhibit :~ 6 A_, is in excess of the needs of the City of Virginia Beach; WHEREAS, Crawford Properties, L.L.C., has proposed to purchase the Excess Property from the City for a purchase price of ONE HUNDRED THOUSAND DOLLARS ($100,000). 2o NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 2 [ OF VIRGINIA BEACH, VIRGINIA: 22 1. That the Excess Property is hereby declared to be in excess of the 23 needs of the City and that the City Manager is hereby authorized to 24 execute an Agreement of Sale and any necessary documents to 25 effectuate the sale of the Excess Property to Crawford Properties, 26 L.L.C.; 27 2. That the consideration for the conveyance of the Excess Property is 28 to be ONE HUNDRED THOUSAND DOLLARS ($100,000); 29 3. That Crawford Properties, EEC. will remove all of the trees on GPIN 3o #1477-44-2173-0000, located adjacent to the Excess Property, 31 landscape said site in accordance with plans approved by the city, 32 and be responsible for the maintenance thereof, all at its own 33 expense; 4. Crawford Properties, L.L.C. will grant to the city a first right of refusal 35 to purchase Parcel 7-A-1, also described as GPIN #1477-34-9105- 0000, and a first right of refusal to repurchase the Excess Property for 37 $100,000 in the event that it either receives a third party offer to purchase same, or in the event that the proposed use of the 39 properties change. 4o 5. That the Excess Property shall be conveyed in accordance with the attached Summary of Terms marked as Exhibit B, and such other 4 2 terms, conditions or modifications as may be satisfactory to the City 43 Attorney. This ordinance shall be effective from the date of its adoption. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ 4 6 day of ,2004. 47 48 CA-9042 PREPARED: January 12, 2004 APPROVED AS TO CONTENT (~blic Works APPROVED AS TO LEGAL SUFFICIENCY Depa~mentOof Law Exhibit B SUMMARY OF TERMS Excess City Property located at the Boulevard and Columbus Street. southwest comer of Independence Seller: City of Virginia Beach Purchaser: Crawford Properties, L.L.C. Property: GP1N #1477-44-1293-0000 (22,890+ S.F.) / Approximate 0.525 acre Sale Price: $100,000 Conditions of Sale: · Sale of GPIN #1477-44-1293 only GPIN #1477-44-2173 will be cleared, landscaped, with plans approved by the City, and maintained by and at the expense of Crawford Properties, L.L.C. Crawford Properties, L.L.C. will grant to the city a first fight of refusal to purchase Parcel 7-A-l, also described as GPIN #1477- 34-9105-0000, and a first right of refusal to repurchase the Excess Property in the event that it either receives a third party offer to purchase same, or in the event that the proposed use of the properties change. Such other terms, conditions, or modifications that the City Attorney deems are necessary to protect the City's interests in the sale of said property. -I VIRGINIA BEACH ~~.._~ i. · LOCATION I COLUMBUS ST. BLVD. I -- ., 14T~-33-7~34 LOCATION MAP SHOWING EXHIBITA EXCESS CITY OWNED PROPERTY INDEPENDENCE BOULEVARD AND COLUMBUS STREET SCALE: 1" = 200' · PREPARED BY PAN ENG. DRAFT. 14.--JAN-2004 EXCESS CITY PROPERTY INDEPENDENCE BOULEVARD AND COLUMBUS STREET JAN 13 2004 Columbus Street looking south towards property / Independence Boulevard to the east West property line looking east. Building in the background is on the southeast corner of Independence Boulevard and Columbus Street EXCESS CITY PROPERTY INDEPENDENCE BOULEVARD AND COLUMBUS STREET Western property line looking east to Independence Boulevard 13 2004 Columbus Street looking south towards property / Navy Federal Credit Union to the west CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $178,410. (Property of Barry D. and Paula W. Knight) MEETING DATE: January 27, 2004 · Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon eighteen (18) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. · Considerations: The subject property consists of one (1) parcel of land having approximately 77.57 acres outside of marshland or swampland. It is owned by Barry D. and Paula W. Knight. Under current development regulations, there is a total development potential of eight (8) single-family dwelling building sites, four (4) of which would be reserved for future development. Thus, the preservation easement acquired by the City would cover approximately 6.5.57 acres. The site, which is shown on the attached Location Map, is located on Head of River Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $178,410. This price is the equivalent of approximately $2,721 per acre of easement acquired. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.50% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.50% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. · Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. · Alternatives: The City Council may decline to purchase the development rights to the property. · Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. · Attachments: Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney's Office) Recommended Action: Adoption Submitting Department/Agency: Department of Agriculture City Manager~ ~,~-'~T~(~''l- AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $178,410 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Council, a summary of the material terms of which is hereto attached, and a true copy of which is on file in the City Attorney's Office) for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $178,410; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; 26 27 28 29 30 31 32 33 34 35 37 38 39 40 41 42 43 44 45 46 47 48 49 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager or his designee is hereby authorized to approve, upon or before the execution and delivery of the Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 4.50% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 6.50% unless the approval of the City Council by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are no defects 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his designee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. 69 7O 71 72 73 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2004. Adoption requires an affirmative vote of a majority of all members of the City Council. CA-9029 arppurchase/knight-Headofriverrd/knightord.wpd R-1 January 6, 2004 APPROVED AS TO CONTENT' Agricult APPROVED AS TO LEGAL SUFFICIENCY',~_/~~~, ~~~. City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS' I ~,~ ,, , ~ Director 6f F~nanc'e AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2003-61 SUMMARY OF MATERIAL TERMS SELLER: Ban'y D. and Paula W. Knight PROPERTY LOCATION: Head of River Road PURCHASE PRICE: $178,410 EASEMENT AREA: 65.57 acres, more or less DEVELOPMENT POTENTIAL: 8 single-family dwelling sites (4 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.50% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.50% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years fi.om IPA date RESTRICTIONS ON TRANSFER: 1PA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. ARP application- Barry Knight Property Barry Knight Property I I ! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a First Amendment to the Post-Closing Agreement Between the City and LifeNet MEETING DATE: January 27, 2004 Background: On March 26, 2003, LifeNet, a Virginia non-stock, non-profit corporation entered into an Agreement of Sale with the City for the purchase of 15.82 acres of City-owned land (the "Property"). The Prope~ was part of a 21.81_+ acre site located at the southeast quadrant of Princess Anne Road and Concert Drive. LifeNet acquired the Property on June 11, 2003. Pursuant to the Agreement of Sale, LifeNet was required to enter into a Post-Closing Agreement which set forth the City's right of reverter and right of first offer to repurchase the Property. The Post-Closing Agreement was executed on June 11,2003 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach. In order to provide funding for the development, construction and equipping of the Property, the City of Virginia Beach Development Authority will issue its Variable Rate Demand Revenue Bonds (LifeNet Property) Series 2004 in the aggregate principal amount of $20,000,000 (the "Bonds"). As security for repayment of the Bonds, the Bank will issue a letter of credit for the benefit of LifeNet pursuant to an agreement between the Bank and LifeNet. As a condition precedent to the issuance of the Letter of Credit, the bank has required that the City agree to certain modifications to the Post-Closing Agreement, namely, its right of first offer to repurchase the Property. The recorded Post-Closing Agreement provides that for a period of 10 years from the date of conveyance, the City has the right and option to repurchase any undeveloped portion of the Property in the event LifeNet fails to develop the Property as set forth in the Agreement of Sale or the plans/construction schedule to be negotiated for the Property (the "Plans"). If the City exercises its option to repurchase during the first 5 years of the 10 year term, the purchase price shall be the original per acre sales price paid by LifeNet. If the City exercises its option to repurchase during the last 5 years of the 10 year term the purchase price shall be the original per acre sales price paid by LifeNet with an increase based on the Consumer Price Index increase from the date of acquisition of the Property. The Bank proposes to amend the City's right to repurchase as follows: a. After LifeNet closes on its construction loan, if, at any time, the Bank gives the City notice that LifeNet has defaulted on its loan and the Bank intends to foreclose on the Property, the City's right to repurchase the Property shall have matured. b. The City will be entitled to exercise its right to repurchase the Property if it gives notice to repurchase to the Bank and LifeNet within 15 business days of receipt of the Bank's notice of default on the loan. If the City does not give the Bank and LifeNet written notice to repurchase the Property within the 15 business days, the City's right to repurchase will expire and the Bank may proceed with foreclosure. c. If the City exercises its right to repurchase the Property, the purchase price will be LifeNet's purchase price from the City plus the unpaid balance of the obligations of LifeNet owed to the Bank (such obligations will be limited to the financing of the improvements, including hard and soft costs). d. LifeNet agrees that it will either provide the Bank with a payment and performance bond in connection with the construction of the Project, or in the event the payment and performance bond is released or otherwise eliminated by the Bank, promptly deliver to the City a substitute payment and performance bond naming the City as a dual obligee. e. Within 15 days after receipt of a request from the Bank or LifeNet, the City agrees to deliver a certification stating to the City's best knowledge (i) whether the Reverter and/or Repurchase Right have been terminated or expired or if such Reverter and/or Repurchase Right are still in effect; and (ii) as to such other matters relating to the Post-Closing Agreement as may be reasonably requested. f. Once the City's Reverter has expired and once the City's Repurchase Right has terminated or expired, in each instance the City will cooperate with the Bank to record a certificate in the Circuit Court Clerk's Office acknowledging and confirming such termination or expiration. The provisions of this amended Post-Closing Agreement will also apply to the Option Parcel consisting of 6.57 acres in the event LifeNet exercises its option to purchase the Option Parcel. Considerations: City staff has determined that LifeNet is now developing the Property in one phase as opposed to five phases. The right to repurchase is a provision assuring development of all phases. Thus, the events triggering the City's right to repurchase most likely will not occur. With respect to the Option Parcel, City staff has been advised that LifeNet intends to exercise its option to purchase and use the parcel as a parking lot. Considerations to the Bank in the financing transaction are necessary as the City is informed that LifeNet will not be able to finance its project without the Letter of Credit required under the Bond financing. Public Information: Notice of this Ordinance will be handled through the normal agenda process. Alternatives: Agree to the Amendment to the Post-Closing Agreement or allow the Post- Closing Agreement to remain as recorded. Recommendations: Staff recommends that Council adopt the ordinance and authorize the City Manager to execute the First Amendment to the Post-Closing Agreement in substantially the same form as attached. Attachments: Ordinance, First Amendment to Post-Closing Agreement. Recommended Action: Approval Submitting Department/Agency: Office of the City Manager ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE POST-CLOSING AGREEMENT BETWEEN THE CITY AND LIFENET WHEREAS, the City of Virginia Beach (the "City") as Seller and LifeNet, Virginia 8 non-stock corporation ("LifeNet"), as Buyer, are parties to a certain Agreement of Sale (the "Purchase Agreement") dated March 26, 2003, relating to a 15.82 parcel located in the City of 10 Virginia Beach and described as: 11 Parcel 4 on that certain plat entitled: "SUBDIVISION PLAT OF REMAINING 12 PORTION OF PARCEL B, PLAT OF GREEN RUN FARM(M.B. 73, P. 10-10A), 13 PROPERTY OF THE CITY OF VIRGINIA BEACH, VIRGINIA", dated January 31, 3.4 2003, Scale: 1"= 250', prepared by Rouse-Sirine Associates, Ltd., which plat is duly 3.5 recorded in the Clerk's Office of the Circuit Court of the City of Virginia beach, 3.6 Virginia as Instrument No. 200305210079014, to which reference is made for a more 3.7 particular description. 3- 8 (the "Property"); 19 WHEREAS, LifeNet acquired the Property from the City on June 11, 2003 pursuant 2 0 to a Special Warranty Deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia 23. Beach, Virginia; 22 WHEREAS, pursuant to Paragraphs 10 and 11 of the Purchase Agreement, the City 2 3 and LifeNet have entered into a Post -Closing Agreement dated as of June 11, 2003 (the "Post- 2 4 Closing Agreement"), and recorded in the Clerk' s Office of the Circuit Court of the City of Virginia 2 5 Beach, Virginia as Instrument No. 200307150108409. 26 WHEREAS, pursuant to the recorded Post-Closing Agreement, the City implemented 2 7 the terms of the Purchase Agreement regarding the parties' understandings as to the City's right of 2 8 reverter and the City's right of first offer to repurchase the Property; 29 WHEREAS, in order to provide funds for the developments, construction and 3 0 equipping of the Property of an organ procurement and tissue processing facility together with office 31 and administrative facilities (collectively the "Project"), the City of Virginia Beach Development 3 2 Authority will issue its Variable Rate Demand Revenue Bonds (LifeNet Project), Series 2004 in the 33 34 aggregate principal amount of $20,000,000 (the "Bonds"); WHEREAS, as security for the repayment of the Bonds, the Bank will issue a letter 3 5 of credit(the "Letter of Credit") to LifeNet pursuant to a Letter of Credit Agreement (the "Letter of 3 6 Credit Agreement") by and between LifeNet and the Bank; 37 WHEREAS, as a condition precedent to the issuance of the Letter of Credit, the Bank 3 8 has required that the City agree to certain modifications to the Post-Closing Agreement attached 3 9 hereto; and 40 WHEREAS, the City Council is of the opinion that the proposed modifications to the 41 42 Post-Closing Agreement are not detrimental to the interests of the City of Virginia Beach. NOW, THEREFORE, BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 1. That the City Manager is hereby authorized to Execute the First Amendment 4 5 to the Post-Closing Agreement in substantial conformity with the form attached hereto and with 4 6 such other insertions and modifications as may be deemed necessary and/or advisable by the City 4 7 Manager and may be approved by the City Attorney. 48 2. That upon complete execution by the parties, the First Amendment to the 4 9 Post-Closing Agreement be recorded in the Office of the Clerk of the Circuit Court of the City of 5 0 Virginia Beach. 51 3. That in the event LifeNet exercises its option to purchase Parcel 5 consisting 5 2 of the remaining 6.57 acres of the original 21.81 acres parcel (also know as the "Option Parcel"), the 53 provisions of the First Amendment to the Post-Closing Agreement will be applicable to any 54 55 agreement executed between the City and LifeNet for the purchase of the Option Parcel. 56 CA-9017 5 7 PREPARED: January 21, 2004 58 R-2 5 9 APPROVED A ', TO CONTENT of the City Mana~ APPROVED AS TO LEGAL SUFFICIE]~7..Y Law Department G:\WD~BZA~LWENETA.WPD Exemption Claimed §58.1-809 FIRST AMENDMENT TO POST-CLOSING AGREEMENT This FIRST AMENDMENT TO POST-CLOSING AGREEMENT is made as of the 21st day of January, 2004, by and among LIFENET, a Virginia nonstock corporation CLifeNet"), index as a grantor and grantee, CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City"), index as a grantor and grantee; and SUNTRUST BANK, a Georgia state banking and trust company (the "Bank"), index as a grantor and grantee; WITNESSETH: WHEREAS, pursuant to that certain Post-Closing Agreement (the "Post-Closing Agreement") dated as of June 11, 2003, by and between LifeNet and the City, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") as Instrument No. 200307150108409, the City implemented the terms of a Purchase Agreement (the "Purchase Agreement") dated March 26, 2003, regarding the City's right to repurchase the property (the "Property") more particularly described in Exhibit A to the Post- Closing Agreement; and WHEREAS, in order to provide funds for the development, construction and equipping on the Property of an organ procurement and tissue processing facility together with office and administrative facilities (collectively, the "Project"), the City of Virginia Beach Development Authority will issue its Variable Rate Demand Revenue Bonds (LifeNet Project), Series 2003 in the aggregate principal amount of $20,000,000 (the "Bonds"); and · . WHEREAS, as security for the repayment of the Bonds, the Bank will issue a letter of credit (the "Letter of Credit") pursuant to a Letter of Credit Agreement (the "Letter of Credit Agreement") by and between LifeNet and the Bank; and WHEREAS, the obligations of LifeNet to the Bank under the Letter of Credit Agreement will be secured, in part, by a Deed of Trust, Security Agreement and Assignment of Rents and Leases and Fixture Filing (the "Deed of Trust") on the Property which is to be recorded in the Clerk's Office; and WHEREAS, as a condition precedent to the issuance of the Letter of Credit, the Bank has required that the City agree to certain modifications to the Post-Closing Agreement as hereinafter provided; NOW, THEREFORE, for and in consideration of the recitals, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows: This instrument was prepared by Kaufman & Canoles, a professional corporation GPIN: 1485-72-7416 1. Subparagraph 1.a. of the Post-Closing Agreement captioned "Reverter" is hereby amended by adding the following provisions to the end of said paragraph: "For purposes of this Agreement, the phrase "commence construction in good faith" shall mean satisfaction of the following requirements: (i) the City shall have reviewed 'the site plans, the construction loan commitment, and the construction contract; (ii) the construction loan shall have closed and the initial draw thereunder funded; (iii) the Construction Contract shall be in full force and effect and copies thereof, each certified as a true and complete copy by LifeNet, shall have been deliw-.red to the City; (iv) the construction bond shall .be in full force and effect, a copy of which shall have been delivered to the City; (v) all necessary permits for the construction of the Phase I Improvements including, but not limited to, the building permit shall be in full force and effect and evidence thereof shall have been provided to the City, (vi) notice has been given in good faith to the General Contractor to commence construction of the Phase I Improvements under the Construction Contract, (vii) the General Contractor has mobilized its forces and materials on the Property in reasonably sufficient numbers and amounts for the commencement of construction of the Phase I Improvements, and (viii) the General Contractor has commenced construction of the footers and foundation for the Phase I Improvements. Once clauses (i) through (viii) above have been satisfied, the City agrees to enter into a recordable document, terminating its rights under this subparagraph 1.a." 2. Subparagraph 1.b. of the Post-Closing Agreement captioned "Repurchase Right" is hereby deleted in its entirety and the following provisions inserted in lieu thereof: "b. Repurchase Rig.ht. In addition to the reverter set forth in subparagraph 1.a. above, unless otherwise terminated as hereinafter provided, the City shall have, until July 23, 2013, a right and option to repurchase the Property (the "Right of Repurchase") in the event LifeNet fails to develop the Property in substantial compliance with the development plans dated (the "Plans") and initialed by LifeNet, the City and the Bank. In the event LifeNet is in default under its obligations to develop the Property in accordance with the Plans, the City shall give written notice to LifeNet and to the Bank stating that LifeNet is in default and specifying the nature of the 'default. LifeNet shall have a period of thirty (30) days to commence curing the default and so long as LifeNet commences to cure the default within such thirty (30) day period and continues to. proceed with due diligence to cure the default, the City may not exercise the Right of Repurchase. In the event that LifeNet fails to commence curing the default within the said thirty (30) day period or fails to proceed with due diligence to cure the default, the City may, unless such right is otherwise terminated or postponed as hereinafter provided, give the Bank and LifeNet written notice (a "Repurchase Notice") that it is exercising its Right of Repurchase pursuant to the provisions of this subparagraph 1.b. If, at any time, the Bank gives the City written notice (the "Loan Default Notice") that LifeNet is in default under its obligations to the Bank and that the Bank intends to foreclose on the Property or acquire same by Deed in lieu of foreclosure, then, in such event, the City's Right of Repurchase shall, in all events, be deemed to have matured and the City shall be entitled to exercise its Right of Repurchase if it gives the Bank and LifeNet a Repurchase Notice within fifteen (15) business days of the receipt of the Loan Default Notice. If the Bank gives the City a Loan Default Notice but the City does not give the Bank a Repurchase Notice within the aforesaid fifteen (15) day period, the Right of Repurchase shall expire and the Bank may proceed with foreclosure, acquire the Property by deed in lieu of foreclosure, or otherwise deal with the Property which shall no longer be encumbered with the Right of Repurchase. If the City gives the Bank and LifeNet a valid Repurchase Notice pursuant to one of the provisions of this subparagraph 1.b, then a contract shall be deemed to exist between the City and LifeNet for the purchase and sale of the Property for a price equal to the sum of (i) the original purchase price paid by LifeNet to the City, increased, if settlement occurs at any time after July 23, 2009, by the amount of the increase in the consumer price index from July 23, 2003, to the settlement date; and (ii) the unpaid balance of the obligations of LifeNet owed to the Bank and secured by the Deed of Trust on the Property (the obligations, however, shall be limited to the financing of the improvements to the Property including, without limitation, hard and soft costs such as construction expenses, architect's fees, engineering fees, financing costs, and legal fees). Settlement shall occur on or before sixty (60) days after the City gives the Bank and LifeNet the Repurchase Notice, time being of the essence. The amounts required to be paid under clause (ii) above shall be paid directly to the Bank. In the event that LifeNet fails to convey title to the Property to the City in the event of the valid exercise of the Right of Repurchase, then, the City shall have the right to enter upon and take possession of the Property, subject to the lien of any Deed of Trust securing the Bank, along with all rights and causes of action necessary to have title to the Property conveyed to the City. .. Any reference herein to the Bank relating to the acquisition of the Property shall be deemed to include any affiliate or nominee of the Bank. As in inducement to the City entering into this Agreement, LifeNet agrees that it will either provide the Bank with a payment and performance bond in connection with the construction of the Project or in the event the payment and performance bond is released or otherwise eliminated as a requirement of the Bank's financing for the Project, promptly deliver to the City a substitute payment and performance bond naming the City as a dual obligee thereunder." 3. Subparagraph 1.d. of the Post-Closing Agreement is hereby deleted in its entirety and the following provisions inserted in lieu thereof: "d. Within fifteen (15) days after receipt of a request from the Bank or LifeNet, the City agrees to deliver to LifeNet and the Bank a duly executed and notarized instrument certifying to the City's best knowledge (i)whether the Reverter and/or the Repurchase Right described in this Paragraph 1 have terminated or expired, or if such Reverter and/or the Repurchase Right are still in effect; and (ii) as to such other matters relating to this Agreement as may be reasonably requested. Once the Reverter has expired and once the Repurchase Right has expired or been terminated, the City agrees, in each instance, to cooperate with LifeNet and the Bank to record in the Clerk's Office where this Post-Closing Agreement is recorded, a certificate acknowledging and confirming such expiration or termination of the Reverter and the Right of Repurchase as the case may be. Any such certificate may be conclusively relied upon by LifeNet, the Bank and by any other person to whom it has been exhibited or delivered, and the contents of the certificate shall be binding upon the City. 4. Except as herein amended or modified, the Post-Closing Agreement shall remain in full force and effect. 5. The terms and provisions of this Agreement are binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. The rights and obligations included in this Agreement shall mn with the land and shall be binding upon all owners of the Property during the period of ownership except as otherwise provided herein. 6. This Agreement may be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, by any of the parties hereto. 7. All notices provided for herein shall be in writing and shall be deemed duly given upon deliver to the following addresses either (i) in person or by reputable overnight or other private courier (with receipt therefor); (ii) by certified or registered mail, return receipt requested; or (iii) by facsimile transmittal provided that notice shall also be sent, either by certified mail, return receipt requested, or by reputable overnight or other private courier within one business day after such facsimile transmittal, as follows: -.. As to the City: City of Virginia Beach Attention: James C. Lawson Department of Public Works - Real Estate Division 2405 Courthouse Drive, Room 392 Virginia Beach, Virginia 23456 Fax Number: 757-427-4456 With a copy to: Office of the City Attorney Attention: Vanessa T. Valldejuli 2412 North Landing Road Municipal Center Building 20, 1 st Floor Virginia Beach, Virginia 23462 Fax Number: 757-563-1167 As to LifeNet: LifeNet Attention: Patrick F. Thompson, Vice President 5809 Ward Court Virginia Beach, Virginia 23455 Fax Number: 757-464-1268 With a copy to: Eric A. Hauser, Esquire Williams Mullen 222 Central Park Avenue, Suite 1700 Virginia Beach, Virginia 23462 Fax Number: 757-473-0395 As to the Bank: SunTrust Bank Attention: John M. Wallace 500 East Main Street, 5th Floor Norfolk, Virginia 23510 Fax Number: 757-5463 With a copy to: Barry W. Hunter, Esquire Kaufman & Canoles, P.C. 150 West Main Street, Suite 2100 Norfolk, Virginia 23510 Fax Number: 757-624-3169 8. This Agreement may be executed in multiple counterparts, each of which shall be an original but all of which taken together shall constitute but one and the same instrument. The signature page from any one counterpart may be removed and attached to another counterpart to form a single fully executed document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. LIFENET By: Name: Raymond T. St. John Title: Senior Vice President, Corporate Services CITY OF VIRGINIA BEACH By: Authorized Designee of City Manager SUNTRUST BANK By: Name: John M. Wallace Title: Vice President COMMONWEALTH OF VIRGINIA AT LARGE The foregoing instrument was acknowledged before me in , Virginia, on the ~ day of ,2004, by Raymond T. St. John, Senior Vice President, Corporate Services, LIFENET:, a Virginia nonstock, nonprofit corporation. My Commission Expires: Notary Public COMMONWEALTH OF VIRGINIA AT LARGE ,, The foregoing instrument was acknowledged before me in the day of .... 2004, by , CITY OF VIRGINIA BEACH. , Virginia, on , My Commission Expires: Notary Public COMMONWEALTH OF VIRGINIA AT LARGE the The foregoing instrument was acknowledged before me in day of , 2004, by , SUNTRUST BANK. ., Virginia, on , My Commission Expires: Notary Public APPROVED AS TO CONTENT: PUBLIC WORKS/REAL ESTATE By: Name: Its: DEPARTMENT OF ECONOMIC DEVELOPMENT By: Name: Its: APPROVED AS T,~RM City Attorney ~) #880721 v6 ITEM: CITY OF VIRGINIA BEACH AGENDA ITEM I I I Virginia Coastal Resources Management Program Grant MEETING DATE: January 27, 2004 · Background: The Virginia Marine Science Museum (VMSM) has been awarded a Virginia Coastal Resources Management Program Grant in the amount of $31,000, from the National Oceanic and Atmospheric Administration through the Virginia Department of Environmental Quality. VMSM will be required to match this award with $31,000 in indirect and in-kind costs of personnel and equipment. This grant will be used to maintain a statewide stranding response network including a volunteer stranding response team and other cooperating organizations. Virginia Marine Science Museum Stranding Program (VMSM-SP) staff, volunteers and cooperators respond to more than 400 marine mammal and sea turtle strandings occurring along the ocean coast, Eastern Shore and lower Chesapeake Bay each year. Stranding response includes carcass recovery, external and internal examination with photographs and/or video, human interaction analysis, stomach content analysis, tissue sampling and dissemination, coordination of carcass disposal, and database management. · Considerations: The Virginia Marine Science Museum Stranding Program is permitted by the National Marine Fisheries Service (NMFS), US Fish and Wildlife Service and the State to manage the marine mammal stranding network, as well as respond to marine mammal and sea turtle strandings in Virginia. The VMSM-SP maintains the state marine mammal stranding database and submits reports to NMFS and the other agencies. Sea turtle stranding data is stored in the VMSM-SP database and submitted to NMFS and the Virginia Institute of Marine Science (VIMS). Through these ways, information regarding the status of marine mammals and sea turtles in Virginia is presented to the agencies and individuals responsible for the conservation and management of natural resources. The VMSM-SP is dedicated to educating the public. Their conservation message is presented at schools, to groups such as Girl and Boy Scouts, to civic organizations and at conferences and special events. Each stranding event is viewed as an opportunity to educate the public about Virginia's protected marine mammals and sea turtles. · Public Information: The public will be informed through the normal agenda process. · Alternatives: Do not accept grant funds. · Recommendations: Appropriate grant funds. · Attachments: Grant Award Letter and Ordinance. Recommended Action: Appropriate grant funds. · Submitting Department/Agency: Department of Museums and Cultural Arts.oY~¥/~-~ City Manager:~ F:\Data~Aty\Ordin\Noncode\StrandingArf.doc 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $ 31,000 GRANT FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY TO THE FY 2003-.2004 OPERATING BUDGET OF THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS TO MAINTAIN A STATEWIDE STRANDING NETWORK BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA' 13 That a federal grant totaling $31,000 is hereby accepted 14 from the Virginia Department of Environmental Quality and 15 appropriated to the FY 2003-2004 Operating Budget of the 16 Department of Museums and Cultural Arts so that the Virginia 17 Marine Science Museum may maintain a statewide stranding 18 network, with estimated revenue from the Commonwealth increased 19 accordingly. 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia on the day of , 2004. CA-9093 Ordin/Noncode / StrandingOrd. doc R-1 January 12, 2004 APPROVED AS TO CONTENT- Management Services APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office W. Tayloe Murphy, Jr. Secretary of Natural Resources COMMONWEALTH o[ VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Street address: 629 East Main Street, Richmond, Virginia 23219 Mailing address: P.O. Box 10009, Richmond, Virginia 23240 Fax (804) 698-4500 TDD (804) 698-4021 www. deq. state .va. us Robert G. Burnley Director (804) 698-4000 1-800-592-5482 October 9, 2003 TO: FROM: FY2003 Virginia C~3astal Program Grantees Laura B. McKay - Virginia Coastal Program Manager Phone: (804) 698-4323 Fax: (804) 698-4319 RE: FY 2003 Coastal Program Award Notification NOAA Grant # NA03NOS4190104 The Department of Environmental Quality has received approval for the 2003 Coastal Zone Management Grant Award from the National Oceanic and Atmospheric Administration (NO/La,). We are pleased to notify you that your proposal has .been approved for funding for the period shown on your enclosed contract. We lOok forward to working with you in the coming year. You will find the following in this contract Package: · Two odginal Contracts for signature · Contract Attachments A (Scope of Work), B (DEQ/VCP Terms &Conditions), C (US Dept. of Commerce Terms & Conditions), D (NOAA Standard & Special Conditions), & E (Certifications form). Please note that in these DOC and NOAA conditions the word "recipient' refers to DEQ. You are technically a 'sub-recipient' but are held to the same terms and conditions. · Semiannual Progress and Financial Reporting Forms - Reports on progress and requests for financial reimbursement will be processed on a semiannual basis. If another payment schedule is needed, please contact your Coastal Program Project Manager highlighted on the next page. You must use the Budget Amendment Form if you need to change your budget. Please see your Contract and its Attachment B for deadlines and details. · See change to p. 3 of Attachment B (Closeout Requirements): All goods (e.g. supplies) must be received and all subcontracted products received by your termination date. The closeout period is only for final payment of goods and services. Do not attempt to purchase goods and services near the termination date - allow sufficient time for items and work products to be received. To fully execute your contract, please complete the following steps: 1) Sign both originals of the one page contract document marked with colored tabs. I have already signed the originals. 2) Sign the one page Attachment E ("Certifications regarding... ") This is also marked with a colored tab. 3) Retum one of the original signed contracts and the original signed Attachment E to: Krista Trono, Coastal Program Department of Environmental Quality 629 E. Main Street Richmond, Va, 23219 4) Keep the remaining signed contract with the attachments for your files. Thank you for your close attention to these details. Coastal Program Contacts Your Coastal Program Project Manager is your primary contact, and is highlighted below. Contact this person for general project management issues, scope of work changes, budget amendments, extension requests, 306A documentation, final products, audit reports, and new project development: Laura McKay, Coastal Program Manager Julie Bixby, Coastal Program Planner Shep Moon, Coastal Program Planner Kendell Jenkins, Coastal Specialist (804) 698-4323 Ibmcka¥~deq.state.;va.us (804) 698-4333 iabixbv~deq.state.va.us (804) 698-4527 hsmoon~,deq.state.va.us (804) 698-4537 kdienkins~,,deq.state.va.us For grants tracking, signed contracts, progress reports, NOAA Iogos, Coastal Program credit language and various forms: KHsta Trono, Coastal Program Intern (804) 698-4051 kltrono~.deq.state.va.us For public information, coastal newsletter, interpretive project signage: Virginia Witmer, Outreach Coordinator (804) 698-4320 v~witmer~.deq.state.va.us The Coastal Program Staff may als0 be reaChed by fax-at 8041698-4319. For payment, fiscal questions, MBE/WBE, fixed asset reporting:. Patty Walsh, Senior Accountant (804) 698-4173 r)wwalsh(~.de.q.state.va.us Please visit our Web site for guidance on preparing progress reports, final products and new project proposals, http://www, deq. state, va. us/coastaYfundina, html FY 2003 Attachment E co~a2 NA03NOS4190104 CERTIFICATIONS REGARDING DEBARMENT, Sb~y,-m~,u-, ]nt=ut3,u,u i ~r ANU VOLUNTARY ~CLUSlON-LOWER TIER COVERED TRANSACTIONS AND LOBBYING ,~.~.. Applioa~ts should refer to thc regulations cited':l~low to determine thc c¢ffificafion to which they are required to attest. Applicant~ should also review thc instructions for cerfifimtion included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 15 CFR Part 26, "Govcmmcntwidc Deba. n'nent and Suspension (Nonprocuremcat)" and 15 CFR Pm 28, "New R'estrictioris on Lobbying." 1. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS As required by Exect.~e Order 12549, Debarment and Suspension, and implemented at 15 CFR Part 26, Section 26.510, Participants responsibilities, for prospective partici- pants in lower tier covered transactions (except sub- contracts for goods or services under the $25,C430 small purchase threshold unless the subtler recipient will have a critical influence on or substantive control over the award), as defined at 15 CFR Part 26, Sections 26.105 and 26.110 - (1)':Tt~ pr~sl:~t/V~' 'l~ei tier participant certifies, by sub- mission of this proposal, tt~ neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participa- tion in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any .of 'the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. LOBBYING As required by Section 1352. T~e 31 of. the U.S. Code,. and Implemented at 15 CFR Part'28, for persons entering into a gram, cooperative agreement or contract over $100.000, or a loan or loan guarantee over $150,000, as defined at 15 CFR Part 28, Sections 28.105 and .28.110, the applicant certifies fiat'to the best of his or her knowledge and. beli~, (1) No Federal appropriated funds have'been peid or will.be paid, by or on behalf of the 'undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a-Member of Congress, an officer or employee of Congress, or an employee of a Member of Congre~.-_$ in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any coopemlNe agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. " (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for inflUencing or attempting to influence an .officer or' employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract; grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-I I I. 'Disclosure Form to Report Lobbying,' in accordance with its instructions. (3) The undersigned shall require that the language of this certifica~on be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, . and contracts under grants, loans,, and cooperative agree- ments) and that all subrecipients shall cert~ and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre- requisite, for maldng or entering into this ~ction imPOSed by section 1352. title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: ff any funds have been paid or will be paid to any person for influencing or attempting:to influence an officer or employee of any agency, a Member of Congress, an officer or em- ployee of Congress, or an employee of a Member of Congress in corm ...ection with this commitment providing for the United 'States to insure or guarantee a loan, the undersigned shall complete and submit Standa'd Form4 H. 'Disclosure Form to Report Lobbying,' in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required ' statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification(s). NAME OF APPUC, N~ AWARD NUMBER AND/OR PROJECT NAME PRINTED NAME AND TITLE OF AUTHORIZED RE~SE~AT~ A-15 DATE ,, USCOMM-I:)C 91-71~ VIRGINIA COASTAL RESOURCES MANAGEMENT PROGRAM GRANT CONTRACT .,. Grant #: NA03NO54190104 Task~: 52 This agreement is made by and between the Virginia. Department of Environmental Quality (hereinafter referred to as the 'Department") and the Grantee (listed below). The parties to this agreement, in consideration of the mutual covenants and stipulations set out herein, agree as follows: Scope of Work: Project Period: The Grantee shall carry out the project as set forth in Attachment A. The project shall commence on the Project Start Date, and shall terminate no later than the Project End Date. The grantee's closeout period ends on the Final Product and Billing Date. These dates are specified below: Project Start date: 10II/03 Project End date: 9/30/04 Payments: · . Federal Funding Total: $31,000.00 Final Product and Billing Date: 11/15/04 Pe.._~od of performance (months): 12 The Department shall pay the Grantee on a reimbursement basis, not to exceed the Federal Funding Total shown below for the project. The said sum, together with the matching funds provided as set forth in Attachment A, shall include all expenses of the project. Payment shall be made upon submission of invoices and/or other appropriate documentation of program expenditures, and progress reports and their acceptance by the Department. Such invoices and reports shall be submitted within 15 days of each reporting period end and shall be detailed in accordance with Attachment A to show what tasks have been completed and to compare the time of completion with the proposed time of completion. Federal Coastal Zone Management Act Section: Section 306 Reporting Schedule: Report 1st Semiannual 2nd Semiannual Closeout Period Report Period Due Date Required Elements Oct 01, 2003-Mar 31, 2004 Apr 01, 2004--Sep 30, 2004 OCt 01, 2004-Nov 15, 2004 Apr 15, 2004 Oct 15, 2004 Nov 15, 2004 Forms A, B Forms A,B Forms B, C, remaining deliverables Contract Documents: The Contract documents shall consist of: 1) This signed form; 2) The Scope of Work (Attachment A); 3) VA Coastal Resources Management Program Grant Contract Terms and Conditions (Attachment B); 4) U.S. Dept. of Commerce Financial Assistance Standard Terms and Conditions (Attachment C); 5) NOAA Terms and Conditions (Attachment D); and 6) Signed CD-512: U.S. Dept. of Commerce Certification (Attachment E) Precedence In the event of a conflict between or among terms in the documents inciuded in this contract, the following of Terms: documents control in the following order:. Attachments D, C, E, B, this signed form, and Attachment A. Grantor. Grantee: DEPARTMENT OF ENVIRONMENTAL QUALITY VA Marine Science Museum Laura B. McKay, Manager Coastal Resources Management Program Typed name and title sig tu - - - - zoo Date Date VCRMP Contract rev. 912512001 ITEM: CITY OF VIRGINIA BEACH AGENDA ITEM FEMA Virginia Task Force 2, Urban Search and Rescue Team Alert Order MEETING DATE: January 27, 2004 Background: The City of Virginia Beach is the sponsoring agency for Virginia Task Force 2, Urban Search and Rescue Team. VA-TF2 is one of nine teams that have been placed on "Alert" status based upon recent intelligence analysis by the Department of Homeland Security Operations Center. The Alert Order was issued at 1300 hours on December 30, 2003 and covers the period of January 11, 2004 through February 1, 2004. This Alert Order addresses only the administrative preparation for expedient deployment should an event occur along the Eastern region of the United States. Considerations: As the sponsoring agency, the City of Virginia Beach is responsible for administrative and fiscal management of the team and its assets. Consistent with previous deployments, the Federal Emergency Management Agency (FEMA) has authorized the reimbursement of expenses to meet the conditions of the Alert Order and prepare the team for immediate activation should the need arise. Should the Team be activated and deployed, expenses for the full deployment as well as funding for replacement personnel to maintain adequate fire department operational staffing for all participating jurisdictions would be fully reimbursable by FEMA. · Public Information: Public Information will be handled through the normal process. Alternatives: The City's designation as Sponsoring Agency for FEMA VA-TF2 is a pre-arranged relationship and obligation between the City of Virginia Beach and FEMA. Recommendations: Approve and appropriate $10,000 to cover the administrative pre-deployment expenses for VA-TF2. Attachments: Ordinance Alert Order notification memo from FEMA Recommended Action: Approval Submitting Department/Agency: Fire Department AN ORDINANCE TO ACCEPT AND APPROPRIATE $10,000 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE FIRE DEPARTMENT'S FY 2003-04 OPERATING BUDGET FOR PRE-DEPLOYMENT ADMINISTRATIVE COSTS FOR THE URBAN SEARCH AND RESCUE TEAM WHEREAS, the Federal Emergency Management Agency ("FEMA") 9 has issued an alert order for the FEMA Urban Search and Rescue 10 Virginia Task-Force 2 and has approved $10,000 in pre-deployment 11 administrative costs for preparation and coordination of team 12 deployment. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, Virginia: 15 That $10,000 in funds is hereby accepted from FEMA and 16 appropriated to the Fire Department's FY 2003-04 Operating 17 Budget, for pre-deployment administrative costs for the urban 18 search and rescue team, with federal revenue increased 19 accordingly. 2O Adopted by the Council of the City of Virginia Beach, 21 Virginia on the day of , 2004. CA9096 Noncode/FEMA Alert Ord. doc R-1 - January 14, 2004 Approved as to Content Management Services Approved as to Legal Sufficiency City Att~rney/~- office Federal Emergency Management Agency Washington, D.C. 20472 Tuesday, 30 December 2003 ALERT ORDER MEMORANDUM FOR: FROM: Mark Piland Task Force Program Manager Virginia Beach US&R Task Force (VA-TF2) Mike Tamillow ~q~~ Section Chief Urban Search and Rescue Program SUBJECT: Alert Order - December 2003 Level Orange Alert Incident Type/Location: East Region Coverage Background: Description of Incident: US&R Task Forces and Incident Support Teams are being placed on Alert based on recent intelligence analysis by the Department of Homeland Security Operations Center. The Alert is being extended through 1 February 2004. Instructions to Task Forces: This is an Alert Order as of 1300 hours EST. Your task force is being placed on Alert status to begin at 2100 hours Sunday, 11 January 2Q04, and continue through Sunday, 1 February_ 2004, 2100 hours. The following System assets will be placed on Alert fi-om Sunday, 11 January 2004, at 2100 hours through Sunday 01 February 2004, 2100 hours. [] West Region [] Central Region · IST RED · IST WHITE · WA-TF1 · CO-TF1 · CA-TF6 · TX-TF1 East Region · IST BLUE · MA-TF1 · VA-TF2 · PA-TF1 (=a~ VA-TFI is back up) You should make preparations to deploy your task force by ground to a location to be identified should an event occurs in your Region in order to meet a 4-hour mobilization time flame, if required. In preparing your task force for possible activation, this order authorizes reimbursement of administrative expenses associated with these preparations, not to exceed $10,000.00. Please provide any additional costs for vehicle and bus requirements to mike.tamillow~dhs.gov by 1200 hours on Friday, 2 January 2004. Allowable costs under this alert include the following: personnel costs, including backfill, incurred in preparation for possible activation; transportation costs relating to hiring, leasing, or renting vehicles and drivers. Please set up transportation requirements to meet a 4-hour departure timeframe for arty time during the length of this Alert Order. ALERT ORDER Page Two Allowable costs identified above may be incurred beginning today for administrative requirements, and any time between 2100 hours, Sunday, 11 January 2004, through 2100 hours, Sunday, 1 February 2004 for transport requirements. You do not have authorization for emergency procurement of equipment and supplies at this time. Task Force leadership is also directed to not include rostered Incident Suooort Team (primary) members in staffing plans for their task force at this time. All three National Incident Support Teams are being placed on alert and are a critical component of our National response strategy. Reimbursement of administrative expenses will be in accordance with the Cooperative Agreement and Memorandum of Agreement between FEMA and the sponsoring agency for your task force. With regards to payroll expenditures, only incremental costs above the Sponsoring Organizations normal budgeted costs shall be eligible for reimbursement. You are directed to plan for staffing a full TYPE I task force response as indicated below along with necessary drivers for ground movement vehicles. No other positions or personnel for response are to be included in this planning without express approval by the Program Office. Teak For~ L#de, (2) smty (2) Search Team Rescue Team Planning Team Logistics Team Medical Team Haz MM Team Manager (2) Uanage~ (2) Manage~' (2) Uana~ (2) Manager (2) Uanagm' (2) I CanineSearchI Rescue Squad ~ Tedt Info ~.~ Logistics I Specialist (4)] Offics~ (4) Sp~Jalist (2) S~cb~bt (4) J TK. bnJca, Searr, hI Reacue L( Stmctur# I gl ¢ommunicslkms' Specialist (2) Specialist (20) Specialist (2) Specblbt (2) Heavy Rigging Specialist (2) Medical Ha; Mat SlxcbUd (4) SpK~Ust (4) Mat spem~ (4) Send an email to Mike Tamillow, US&R Section Chief, at mike.tamillow~,.,dhs.~ov stating that your task force is in compliance with this requirement along with an organizational chart of TF members and drivers. In that the EST is not currently staffed for ESF-9 (watch level only), any questions concerning this Alert Order during the period specified above should be addressed to the Program Office m Wanda Casey at (202) 646-4013 or Mike Tamillow, US&R Program Section Chief, at (202) 646-2549. CCi US&R Points of Contact, FEMA Region Eric Tolbert, Response Division Director Mike Lowder, Operations Branch Chief I I II IIII ITEM' II I I CITY OF VIRGINIA BEACH AGENDA ITEM Ordinance Transferring $5,750,000 and Ordinance Authorizing the City Manager to Purchase the Herman, Inc., Property for the Rudee Loop Development Project MEETING DATE: January 27, 2004 · Background: In December 1997, the City of Virginia Beach entered into an Option Agreement with Robert Herman Properties, L.L.C., Herman, Inc. and Robed Herman to purchase their 2.73+ acre Rudee Loop Property. The right to purchase the property has been extended several times and currently exists through September 30, 2004. In this area, the City has, to date, purchased properties from the Beach Quarters Inn, the Caton Family and This & That Ltd. Additionally, the City continues to negotiate for an option to purchase the Overton properties. · Considerations: The City has executed several option extensions on the Herman Property and the current option expires on September 30, 2004. The Lighthouse Restaurant located on the property was severely damaged during Hurricane Isabel, and the owner does not intend to repair or reopen it. Exercising the option to purchase the property prior to the September 30, 2004 expiration provides the City the opportunity to demolish the existing improvements to (i) ensure that they do not become a nuisance during the upcoming tourist season, (ii) use the restaurant footprint as a staging area for City dredging projects and (iii) save $30,000 per month on the purchase price. The City has spent $1,405,150 in option and extension fees to date. To fund this action, a transfer of $5,000,000 from CIP Project 3-283 Pavilion Theatre Replacement and $750,000 from ClP Project 3-262 Tidewater Community College Expansion is needed, along with the existing funding in CIP Project 9-302 Rudee Loop Development-Phase I, if closing takes place prior to April 1, 2004. The funds transferred from the Tidewater Community College Expansion and Pavilion Theatre Replacement projects will be replaced in the FY 2004-05 Capital Improvement Program. · Public Information' Public information will be handled through the normal Council agenda advertisement process. · Alternatives' Should the City not exercise the option to purchase; the property could be sold off separately, resulting in less desirable projects that may not be consistent with the City's vision for the resort area. The City would also forfeit the $1,405,150 paid in option fees to date. · Recommendation: Adoption of proposed ordinances to transfer necessary funds and authorize exercise of option. · Attachments: Ordinances Attachment A Recommended Action: Approval of Ordinances Submitting Department/Agency: Management Services 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO TRANSFER $5,0C)0,000 FROM CAPITAL PROJECT # 3-283, "PAVI L ION THEATRE REPLACEMENT," AND $750,000 FROM CAPITAL PROJECT #3-262, "TIDEWATER COMMUNITY COLLEGE EXPANSION," TO CAPITAL PROJECT # 9-302, "RUDEE LOOP DEVELOPMENT - PHASE I," TO FUND THE PURCHASE OF REAL pRoPERTY OWNED BY ROBERT HERMAN PROPERTIES, L.L.C. WHEREAS, the City of Virginia Beach entered into an option 15 agreement with Robert Herman Properties, L.L.C. to purchase real 16 property located at Rudee Loop; and 17 WHEREAS, funding in Capital Project #3-283, "Pavilion 18 Theatre Replacement,." and Capital Project #3-262, "Tidewater 19 Conununity College Expansion," is available to be transferred to 20 Capital Project #9-302, "Rudee Loop Development Project." 21 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA: 23 1. That $5,000,000 from Capital Project 93-283, "Pavilion 24 Theatre Replacement,"' and $750,000 from Capital Project 93-262, 25 "Tidewater Community College Expansion," is hereby transferred 26 to Capital Project 99-302, "Rudee Loop Development - Phase I," 27 for the purposes of acquiring real property from Robert Herman 28 Properties, L.L.C. 29 2. That the City Council states its intention that 30 funding transferred from Capital Projects #3-262 and #3-283 be 31 replaced in the FY 2004-05 budget process. 32 33 Adopted by the Council of the City of Virginia Beach, 34 Virginia on the day of , 2004. CA-9094 Ordin/Noncode/HermanProperty Ord. doc R-1 January 13, 2004 Approved as to Content Department o Services Approved as to Legal Sufficiency City Attorney'm/~ffice 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXERCISE THE OPTION TO PURCHASE REAL PROPERTY AT RUDEE LOOP FROM ROBERT HERMAN PROPERTIES, L.L.C. AND HERMAN, INC. WHEREAS, the City has entered into an Option Agreement dated December 19, 1997, as amended, for the purchase of approximately 2.73 acres of real property at Rudee Loop from Robert Herman Properties, L.L.C. and Herman, Inc. (the "Herman Property") for a gross purchase price, through, March 31, 2004, of $7,976,000; WHEREAS, the City has expended a total of $1,405,150 on the Herman Property in option and extension fees to date, which fees will be applied toward the purchase price, for a net purchase price, as of March 31, 2004, of $6,570,850 (plus $30,000 per month for each month thereafter); WHEREAS, Rudee Loop has been identified as a prime location for a flagship hotel chain to aid in the development of a convention facility at the Oceanfront, and the development of Rudee Loop would comple:ment the current major expansion of the Pavilion and is consistent with the Oceanfront Resort Concept Plan; WHEREAS, the City Council has determined the purchase of the Herman Property to be in the best interest of the City; and WHEREAS, after a transfer of funds from Capital Projects #3-383, Pavilion Theatre Replacement and #3-262, Tidewater Community College Expansion, there is sufficient funding for the remaining $6,570,850 purchase price in CIP Project 9-302 Rudee Loop Development - Phase I to acquire the Herman Property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, 1. The City Manager or his designee is hereby authorized to exercise the option on the real property owned by Robert Herman Properties, L.L.C. and Herman, Inc. for the Rudee Loop Development prqject and to purchase the approximately 2.73 acres of real property at Rudee Loop for a purchase pace of $7,976,000, $1,405,150 of which has already been paid, on the terms contained in the Option Agreement. 2. The City Manager is further authorized to execute all documents that may be necessary or appropriate in connection with such purchase so long as such documents are 1 approved by the City Attorney and so long as such documents are approved by the City Attorney 2 and so long as such documents are customary in real estate transactions in the City of Virginia 3 Beach. 4 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 of ., 2004. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Management Services ~ty A omey s Office CA-9070 F:/Data/ATY/Forms/Commercial Projects/Rudee Loop/Herman option exer ORD1 .doc Lo PLANNING - NO ACTION NECESSARY Ordinance to AMEND Sections 111,233.1,701,901, 1001, 1501, 1511 and 1521 of the City Zoning Ordinance (CZO), pertaining to Conditional Use Permits re sales or service of alcoholic beverages in the H-.l, B-l, B-2, B-3, B-3A, B-4, I-1, I-2, RT-1, RT-2 and RT-3 Zoning Districts (Deferred by the Planning Commission). PLANNING Application of THOMAS E. WRIGHT for the discontinuance, closure and abandonment of a portion of Lineberry Road, on the east side of Doctor Drive and northeast of Hospital Drive to incorporate the area into two adjoining residential lots. (DISTRICT 3 - ROSE HALL) Recommendation: APPROVAL . Application of BAYSIDE PRESBYTERIAN CHURCH for a Conditional Use Permit re a columbarium at 1400 Ewell Road. (DISTRICT 4- BAYSIDE) Recommendation: APPROVAL . Applications of O B F P, INC. on the east side of South Birdneck Road, south of Bells Road. DISTRICT 6- BEACH ao Change of Zoning District Classification from R-10 Residential District, A-12 Apartment District and B-2 Community Business District to Conditional I-1 Light Industrial District re a light industrial office-warehouse park. bo Modification of a Conditional Use Permit for Aqua Sports, Inc. (approved by City Council on June 23, 1986). Recommendation: APPROVAL i i i ii SUNDAY, JANUARY 18, "zO04 'i. Bay3Jde Presbyterian ~ Appl~: Condi1:~onal Use ~it for a ~ ~ 14~ E~II R~. 3, 0 B F P, ~. ~~: ~ of Z~ Dis~t C~sslfi~ from R-lO ~~1, ~12 ~t and ~2 C~m~i~ ~s,~ to ~d~l ~1 ~t I~1 m ~e ea~ si~ of ~h R~. 4. 0 B F P, I~. ~~: ~~ of a C~~I U~ Pemut f~ ~ ~, I~. a~ W ~ C~I on Juf~ 23.1~6. ~ the ~st ~ d ~ ~k R~. 5. Ci [Y OF ~NIA. B~H Ordinance ~ a~ ~ns ~1, 2~. i. 70!, ~1, 1~1, 1511 and 1521 of ~ Ci~ Z~g O:dic~nc~. ~da~ to. Co~ t~nal U~ ~ f~ ~ies ~ ~ic~ 3f a~cohohc ~e~es m ~e ~1. B~. 8-2. ~3. ~. ~, I-1, I-2. ~T-1, RT-2 and RT-3 Z~ing AH mte~este~ ~t~e3 are ~nwle~ t~ au. eno. :.~~ Ruth HAtRes '::-.m .:~ t;'.~ meetfnF, p~a~ call ~he C~H CLERK'S .~2';: -U?O3: ~ear~ng im~ired, t:~]il TDD ,'~,~v 427 47~Y Mm~ciUal Cema-, 2401~ ~, Tummy, .mnua~ z~. zut~, .~ ~ll~:~y~. ~~~ g..or~'tmnal Use I:~it fe,,a 3. 0 B F P, ~. ~~ ~ ~ ~ ~ C~au~ · 10 ~, ~ ~ ~ ~2 C~~y ~~ to 4. ~ ~ ~. ~ ~ C~ ~H ~ ,~ 23, 1~. 5. ~s~ ~ Lqt~t~ ~s am ~t~ ~ ~. . ~... ~,.~ C~ C:er~ 8~CON: 3~¢ Z.t ~ J~N~RY !8. ~ I';!~': ~';'" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach, Amendment to the City Zoning Ordinance - Bars and Nightclubs MEETING DATE: January 27, 2004 Background: An Ordinance to amend Sections 111,233.1,701,901, 1001, 1501, 1511 and 1521 of the City Zoning Ordinance, pertaining to Conditional Use Permits for sales or service of alcoholic beverages in the H-l, B-l, B-2, B-3, B-3A, B-4, I-1, I- 2, RT-1, RT-2 and RT-3 Zoning Districts. The City Council referred the proposed amendments to the Planning Commission on August 12, 2003. Considerations: This item was advertised for City Council hearing in anticipation of the Planning Commission acting on the amendments at their January 14, 2004 public hearing. The Planning Commission, however, deferred action on the amendments. Therefore, no action is necessary from the City Council. Recommendations: No action necessary. Recommended Action: No action necessary. Submitting Department/Agency: Planning Department City Manager: ~ '~'-' ~~ Map H-7 Mop Not to Stole Thomas E. ~t Street Closure - Lineberry RtL CITY OF VIRGINIA BEACH AGENDA ITEM II I I I I ITEM: Thomas E. Wright - Street Closure (portion of Lineberry Road) MEETING DATE: January 27, 2004 · Background: Application of Thornas E. Wright for the discontinuance, closure and abandonment of a portion of Lineberry Road, beginning at a point 290 feet east of Doctor Drive and running a distance of 104.89 feet in a northeasterly direction from Hospital Drive. DISTRICT 3- ROSE HALL Considerations: Lineberry Drive is shown on the map as a 50-foot wide roadway measuring 200 feet in length. The northern 100 feet of this roadway is developed as a standard neighborhood street section. There is a fence and gate located at the terminus of the road improvements. The southern 100 feet of this roadway is not improved and is currently maintained as a grassed area. Pedestrians use the gate to access Golden Maple Drive from Hospital Drive and vice versa. The neighbors adjacent to the grassy area have experienced problems of loitering, littering and suspicious activity in this area. The applicant resides at 300 Hospital Drive, adjacent to the east of the grassed portion of right-of-way proposed for closure. The resident on the west side of the grassed portion of right-of-way proposed for closure is in agreement with this application. These two property owners have agreed to incorporate the area of the street closure into their respective lots. Each of the owners will fence in this area so there will no longer be pedestrian access through this area. The City has determined that there is not a need to improve the southern portion of the right-of-way as a vehicular way. There is a six inch public water line within the right-of-way proposed for closure; however, the Public Utilities Department has determined that a 20 foot wide easement will be acceptable. The Planning Commission placed this item on the consent agenda because they concluded that the right-of-way is not needed and that residential use was more appropriate. Staff recommended approval. · Recommendations: Wright Page 2 of 2 The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: o The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to dedicate a twenty (20) foot easement over an existing six-inch public water line that is located within the area of closure. . The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. o The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are Virginia Natural Gas utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. o Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. · Attachments: Staff Review (including Disclosure Statements) Planning Commission Minutes Zoning Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval, Submitting Department/Agency: Planning Department~ City Manager'~ '~ '~ H07-213-STC-2003 THOMAS E. WRIGHT Agenda Item # 2 December 10, 2003 Public Hearing Staff Planner: Barbara Duke The foflowing report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. . ~~ · ~--.- _ i :::~-~:~,::= ' -" --, ..... -~i~7.E ...... ?..'?7~.__.~ ......... Location and General Informatio REQUEST: Street closure of a portion of Lineberry Road LOCATION- Property is located north of Hospital Drive, 290 feet east of Doctor Drive. Map H. 7 ' Mop ,o, ,; ~,~.:, Thomas E. Wright S~eet Closure- Li~b~ R& COUNCIL ELECTION DISTRICT: SIZE: 3 - ROSE HALL 5,244 square feet THOMASE. WRIGHT Agenda Item # 2 Page 1 SURROUNDING LAND USE AND ZONING- NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: North: South: East: West: · Single-family homes / R-7.5 Residential District · Single-family homes / R-7.5 Residential District · Single-family homes / R-7.5 Residential District · Single-family homes / R-7.5 Residential District The site is currently a grass strip with a fence and gate located on the northern boundary. The site is in an AICUZ of 70 to 75dB Ldn surrounding NAS Oceana. Lineberry Drive is shown on the map as a 50-foot wide roadway measuring 200 feet in length. The northern 100 feet of this roadway is developed as a standard neighborhood street section. There is a fence and gate located at the terminus of the road improvements. The southern 100 feet of this roadway is not improved and is currently maintained as a grassed area. Pedestrians use the gate to access Golden Maple Drive from Hospital Drive and vice versa. The neighbors adjacent to the grassy area have experienced problems of loitering, littering and suspicious activity in this area. The applicant resides at 300 Hospital Drive, adjacent to the east of the grassed portion of right-of-way proposed for closure. The resident on the west side of the grassed portion of right-of-way proposed for closure is in agreement with this application. These two property owners have agreed to incorporate the area of the street closure into their respective lots. Each of the owners will fence in this area so there will no longer be pedestrian access through this area. THOMA~S E. WRIGHT Agenda Item.# .2 · Page2 Survey of Area to be Closed 1~ BLOCK 79A PRINCESS ANNE P~ SECTION (M,B. 49, P. 33) FENCE IN 3.3' 6' WOOD FENCE 24.2' BLOCK 85 PRINCESS ANNE PLAZA SECT[ON 7 (M.B. 49,. P. 34) 6' WOOD ~: oU~ 50.00' N 3'--"'~'"--~"--00" W- ~:).~' % ~- ' - PIN FOUND HOSPITAL DRIVE THOMAS ,E. W'RI'GHT Agenda, Item':=:# 2 page .3 Major Issues · The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. Current and/or future need for the right-of-way Consistency of the proposed development of the property with the Comprehensive Plan The Comprehensive Plan recognizes this area as a stable residential neighborhood. Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified at the beginning of this report. The proposal's strengths in addressing the 'Major Issues' are (1) The City has determined that there is not a need to improve the southern portion of the right-of-way as a vehicular way. There is a six inch public water line within · -. THOMAS'E. WRIGHT Agenda Item .# .2 Page 4 the right-of-way proposed for closure; however, the Public Utilities Department has determined that a 20 foot wide easement will be acceptable. There is a condition requiring that this easement be dedicated at the end of this report. (2) The right-of-way will be incorporated into the two adjacent single-family home lots and this is in keeping with the Comprehensive Plan goals for healthy neighborhoods. Staff, therefore, recommends approval of this request. Conditions . The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to dedicate a twenty (20) foot easement over an existing six-inch public water line that is located within the area of closure. . The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. . The applicant is required to verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there are Virginia Natural Gas utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. , Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. THOMAS!;~:. WRIGHT Agenda Item..:'# 2 -~ .... Page .5 Zonin_ History There is no recent zoning history to report in this area. Public Agency Comments Public Works There are no drainage or other improvements within the area of right-of-way proposed for closure. Water: Sewer: Public Utilities IThere is a six inch water line within the area proposed for closure. A twenty (20) foot easement shall be dedicated over the water line. There are no sewer lines within the area proposed for closure. Private Utility Comments Preliminary comments from Dominion Virginia Power and Hampton Roads Sanitation District reveal that there are none of their utilities within the right-of-way proposed for closure. Virginia Natural Gas does have a gas line within this right-of-way and the applicant will be responsible for providing a satisfactory easement prior to finalizing the street closure. THOM.~S :E. WRIGHT Agenda Item.'# .2. · page:..6 Exhibit A Aerial of Site Location THOMAS:,E. WRIGHT Agenda Item:,:# .2 Page ~7 DISCLOSURE STATEMENT : I i iii i i}1 { ::: i ii i i APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) r-.-.-.-.-.".'~' "° Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurate. ! understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, ! am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instruct, ions in this package. Applicant's Signatur~' Print Name Property Owner's Signature (if different fl~an applicant) Print Name Street Closure Application Page 13 of 13 Revised 7/'1~003 Exhibit B Disclosure Statement THOMASE.'WRIGHf' Agenda Item .# ·:2.. .Page 8 · .. DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a that have a parent-subsidiary~ or affiliated business entity2 relationship with the applicant: (Attach fist if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from appficant. If the property owner' is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a that have a pa. rent-subsidiary1 or affiliated business entity2 relationship with the applicant: (Attach fist if necessary) r-i Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 2 & See next page for footnotes Street Closure Application Page 13 of 14 Revised 10/1/2003 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, and legal services: (Attach list if necessary) ~ "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50. percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Street Closure Application i~~ Page 14 of 14 Revised 10/1/2003 Item #2 Thomas E. Wright Discontinuance, closure and abandonment of a portion of Lineberry Road District 3 Rose Hall December 10, 2003 CONSENT Ronald Ripley: The next order is our consent agenda. Dot Wood will conduct this portion of our agenda. Dot. Dorothy Wood: Thank you Ron. This afternoon we have seven items on the consent agenda. As Ms. Katsias read, if you have opposition to any of the items please come forward and let us know. The first item that we have on the consent agenda is Item #2, Thomas E. Wright an application of Thomas Wright for discontinuance and closure of Lineberry Road. That's in the Rose Hall District. Mr. Wright, are you here? Is there any one representing Mr. Wright? Teri Wright: Mrs. Wright is here. Mr. Wright has duty today. Dorothy Wood: Thank you Mrs. Wright. Would you please? This has five conditions Mrs. Wright, have you read those and agree with them? Teri Wright: Yes ma'am. Dorothy Wood: Thank you. Is there any opposition to Item #2 Thomas Wright? Ed Weeden: Just for the record can she state her name? Dorothy Wood: Would you please state your name? Teri Wright: My name is Teri Wright. Dorothy Wood: Thank you Ms. Wright. Hearing no opposition, Barry would you please tell us about this item? Barry Knight: Yes. This is a request for a street closure ora portion of Lineberry Road. Lineberry Drive is shown on the map is a 50-foot wide roadway measuring 200 feet in length. The northern 100 feet of this roadway is developed as a standard neighborhood street section. The southern 100-foot of this roadway is not improved and is currently maintained as a grassed area. The neighbors adjacent to the grassy area have experienced problems of loitering, littering and suspicious activity in this area. The applicant resides at 300 Hospital Drive adjacent to the eastern grass portion of the right-of-way proposed for closure and the resident on the west side of the grass portion of the right-of-way Item//2 Thomas E. Wright Page 2 proposed closure is in agreement with this application. These two property owners have agreed to incorporate the area of the street closure into their respective lots. Each of the owners will fence in this area so that it will no longer be pedestrian access through this area. We, the Planning Commission feel that this is a more appropriate Use of this land and we're recommending approval on the consent agenda. Dorothy Wood: Thank you Mrs. Wright. We sure do appreciate what your husband is doing for us today. I would move to approve Item #2 with five conditions. Ronald Ripley: Okay. That's the motion to approve the item so cited. Do I have a second? Seconded by Kathy Katsias. Is there any discussion? Hearing none, we'll 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 Ripley: By a vote to 11-0, the motion carries. 6 7 8 9 10 11 12 13 14 15 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS A PORTION OF LINEBERRY ROAD AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PHYSICAL SURVEY OF PORTION' OF LINEBERRY RD., PRINCESS ANNE PLAZA, SECTION 6 & 7 (M.B. 49, P. 33-34) VIRGINIA BEACH, VA FOR TOM AND TERI WRIGHT": 16 WHEREAS, Thomas E. Wright applied to the Council of the City of Virginia 17 Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and 18 WHEREAS, it is the judgment of the Council that said street be discontinued, 19 closed, and vacated, subject to certain conditions having been met on or before one (1) year from 20 City Council's adoption of this Ordinance; 21 22 23 24 25 26 27 28 29 30 31 NOW, THEREFORE, BE 1T 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 rnet on or before one (1) year from City Council's adoption of this ordinance: GPIN: 1497-01-5618, 1497-01-4729, 1497-01-5806 and 1497-01-6707 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as follows: BEGINNING at a steel pin that is distant 10.00' along a bearing of N36° W from the intersection of the extension of Northweast line of Hospital Drive and the extension of the Northwest line of Lineberry Road; thence in an easterly direction, along the arc of a curve to the left with a radius of 10 feet, an arc distance of 15.71 feet to a point; thence N 54° E, along the Northwest line of Lineberry Road, a distance of 104.89 feet to a steel pin; thence S 35° 55' 50" E, a distance of 50 feet to a steel pin; thence S 54° W along the Southeast line of Lineberry Road, a distance of 104.82' to a point; thence in a Southerly direction along the arc of a curve to the left with a radius of 10 feet, an arc distance of 15.71 feet to a point; thence N 36° W along the northeast line of Hospital Drive, a distance of 70 feet to the point of beginning; as shown on that certain plat entitled: "PHYSICAL SURVEY OF PORTION OF LINEBERRY RD., PRINCESS ANNE PLAZA, SECTION 6 & 7, (M.B. 49, P. 33-34) VIRGINIA BEACH, VA FOR TOM & TERI WRIGHT" Scale: 1" = 20', dated 08/04/03, prepared by Beck Associates P.C., a copy of which is attached hereto as Exhibit A. SECTION II 55 The following conditions must be met on or before one (1) year from City 56 Council's adoption of this ordinance: 57 1. The City Attorney's Office will make the final determination regarding 58 ownership of the underlying fee. The purchase price to be paid to the City shall be determined 59 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street 60 Closures," approved by City Council. Copies of said policy are available in the Planning 61 Department. · 62 2. The applicant is required to dedicate a twenty (20) foot easement over an 63 existing six-inch public water line that is located within the area of closure. 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 3. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. 4. The applicant shall verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities 'within the right-of-way proposed for closure. If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one year of approval by City Council. If all conditions noted above are not in compliance and the final plat is not approved within one year of the City Council vote to close the street, this approval will be considered null and void. SECTION HI 1. If the preceding conditions are not fulfilled on or before January 26, 2005, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before January 26, 2005, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. 3. In the event the City of Virginia Beach has any interest in the underlying fee, the City Manager or his designee is authorized to execute whatever documents, if any, that may be requested to convey such interest, provided said documents are approved by the City Attorney's Office. 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and THOMAS E. WRIGHT as "Grantee." of Adopted by the Council of the City of Virginia Beach, Virginia, on this ,20 day THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELI~CTED TO COUNCIL. CA-9022 January 2, 2004 F:\DatakATY~Forms\St reet Closure\WORKI NG\ca9022.ORD.rloc APPROVED AS TO CONTENT: Planni~partment APPROVED AS TO LEGAL SUFFICIENCY: City Attorney I!3[BIBI'~ A I. THIS IS TO CERTIFY THAT ON AtI31JST ]~, 2003 , WE SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THAT THE TITLE lINES AND PHYSICAL IMPROVEMENTS ARE SHOWN ON THIS PLAT. THE IMPROVEMENTS STAND STRICTLY WITHIN THE TITLE lINES AND THERE ARE NO VISIBLE ENCROACHMENTS OR VISIBLE EASEMENTS EXCEPT AS SHOWN. METES & BOUNDS DESCRIPTION: BEGINNING AT A STEEr. PIN THAT IS DISTANT 10.00' ALONG A BEARING OF N 36° W FROM THE IN~rERSECTION OF THE EXTENSION OF NORTHEAST LINE OF HOSPITAL DRIVE AND THE EXTENSION OF THE NORTHWEST LINE OF. LINEBERRY ROAD; THENCE IN AN EASTERLY DIRECFION, ALONG THE ARC OF A CURVE TO THE LEFT WITH A PAD[US OF I0 FEET, AN ARC DISTANCE OF 15.?! FEET TO A POINT; THENCE N 5~1° E, ALONG THE NORTHWEST LINE 6F LINEBERRY ROAD, A DISTANCE OF 104.89 FEET TO A S'rEEL PIN; THENCE S 35* 55' 50" [-', A DISTANCE OF 50 FEET TO A STEEL PIN; THENCE S 54° W ALONG THE SOUTHEAST LINE OF LINEBERRY ROAD, A DISTANCE OF I04.82' TO A POINT; THENCE IN A SOUTHERLY DIRECT[ON ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF I0 FEET, AN ARC DISTANCE OF [5.7]. FEET TO A POINT; THENCE N 36° W, ALONG THE NORTHEAST LINE OF HOSPITAL DRIVE, A DISTANCE OF 70 FEET' TO THE POINT OF BEGINNING. CONC. CURB AND GUTrER IN 0.4' PIN FOUND % FENCE IN 3.3' ASPHALT ROAD S 35° 55' 50' E S0.00' 6' WOOD FENCE FENCE IN 2.0' FOUND IN 3.5' 0.6' FRAME SHED 2'1.2' 14 BLOCK 79A PRINCESS ANNE PLAZA SECTION 6 (M.B. 49, P. 33) ._. 6' WOOD ~ ~'~ ~ FENCE I BLOCK 8~ PRINCESS ANNE PLAZA SECHON 7 (M.B. 49, P. 34) ~ ~ IN 6.0' . · n .'. ...~~¢¢ - '- . ,~Ctl~?,' HOSP~AL DRIVE _ , . ~'8' !~ ' ~' ~:~l TO BE IN ZONE X (AREA OUTSIDE 500 YEAR FLOOD) ~ SHOWN ON FEMA ~.~'~"';~";"~:~ J1~,.?'?~.. :,. · ... ~ ? MAP, COMMUNe-PANEL NUMBER 515531 0030 E, EFFE~VE: 12/5/96. --~'*'~'I~ 'l~' ~] ~"~' ~ '. ' ' '" ' - ": · (-'~; ' W':' ~,, ~.,., . . .:: .....~,', ~:~9~ PRINCESS ANNE P~, SE~ON 6 ~7 R. ,. :'..':.,.~ i<> (M.B. qg, P33-~)VIRGINIA BEACH, VA ~: :,~ ' ' . ' ~. ~ ~NSUL~G ~..~:,~ ,' _.~.~O':'?~ . :..: ~ENGINEE~ FO~ ~..;~... ~ '~' ~ ...~ "<"~':'~"~ ~ ~ TOM & TERi WRIGHT ~u.ms.~o a~ cu~.~ ~~~i ~- P - 2.03 -/o, ~30 Zoning History Ma~ E-4 Hop No~. to Scole Church CUP- for Columbarium I# I DATE 1 06-02-75 05-15-72 2 06-10-68 3 08-12-62 I REQUEST Change of Zoning (Residential-4 to Residential-9) Change of Zoning (Rural Residential-1 to CL-2) Change of Zoning Rural Residential-1 to Rural Residential 3b, Residential Suburban-1 & Residential Suburban-2 Conditional Use Permit (church) IACTION I Granted Denied Granted Granted BAYSIDE PRESBYTERIAN' CHURCH Agenda Item'::#.9. v. ::'.'Page-.6 -. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Bayside Presbyterian Church - Conditional Use Permit (columbarium) MEETING DATE: January 27, 2004 · Background: An Ordinance upon Application of Bayside Presbyterian Church for a Conditional Use Permit for a columbarium on property located at 1400 Ewell Road (GPIN 14785909870000). DISTRICT 4 - BAYSIDE Considerations: The church proposes construction of a columbarium in an existing exterior area between the church fellowship hall and sanctuary. The 45 foot long by 8 foot high wall is to be constructed with brick, matching the existing structure, and a marble "cap." The location of the columbarium was chosen to ensure privacy to those visiting the columbarium and to make the columbarium virtually invisible from any public right-of-way. Staff recommended approval of this request. There was opposition to the proposal. Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The columbarium shall be constructed as depicted on the drawings entitled, "Columbarium Study, Bayside Presbyterian Church, Virginia Beach Virginia, Attachment 3, Attachment 6," dated November 1, 2003, which has been exhibited to the City Council and is on file in the Planning Department. 2. The location of the Columbarium shall be adjacent to the northern Fellowship Hall as depicted on the site plan entitled, "Site Plan, Bayside Presbyterian C, hurch," dated January 8, 1990, which has been exhibited to the City Council and is on file in the Planning Department. Bayside Presbyterian Church Page 2 of 3 · Attachments: Staff Review (including Disclosure Statements) Planning Commission Minutes Zoning History Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ City Manage~~C'~/~ ~~ ~ ~%~ A00-210-CUP-2003 ~~~~AYSlDE PRESBYTERIAN CHURCH ~~¢ Agenda Item # 9 December 10, 2003 Public Hearing ii ii Staff Planner: Carolyn A.K. Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: Conditional Use Permit for columbarium LOCATION: Property located on 1400 Ewell Road Ma~ E-4 N~p ~oe~. ~.o Scale GPIN: COUNCIL ELECTION DISTRICT: 14785909870000 1 - BAYSIDE _ -. BAYSIDE PRESBYTE~N CHURCH Ag~enda Itemii:# 9 '....' ...... P~g.e..:..1 SITE SIZE: EXISTING LAND USE: SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: 5 acres Church with parking lot North: South' East: West: · Ewell Road, single-family dwellings / R-15 Residential District · Single-family dwellings / R-15 Residential District · Single-family dwellings / R-15 Residential District · Independence Boulevard, single-family dwellings / R-10 Residential District There are no significant environmental features on this site as it is developed as a church with asphalt parking. There is a large lawn adjacent to Independence Boulevard that serves as a good buffer to the church building and for the entrance into the residential neighborhood. No development is planned in this portion of the site. The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary of Proposa The church is proposing to construct a Columbarium between the Fellowship Hall and the sanctuary. The 45 foot long by 8 foot high wall is to be constructed with brick, to match the existing structures, and a marble "cap." The location of the structure was chosen to ensure privacy to those visiting the columbarium and will be virtually invisible from any right-of-way. BAYSIDE PRESBYTERIAN CHURCH Agenda. Item:.:#.9 Page,.:.2 Location of Columbarium ./ . .... . :.Z ...... ;;;.. .... .. _ BAYSIDE PRESBYTERtAN"CH'U:R~'H Agenda Item::.#..9 .... P'ag~:..3 · . ... Ma'or . Issue The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. · Aesthetics of proposed columbarium structure, and Conflicts with other uses in the area. The Comprehensive Plan Map designates this property as Low Density, Suburban Residential. Staff Evaluation Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified at the beginning of this report. The proposars strengths in addressing the 'Major Issues' are (1) The design of the brick columbarium wall will mimic the building materials of the existing church. The wall is proposed with dimensions of 45 feet long by eight (8) foot high. The location of the structure was chosen to ensure privacy to these .... ....... BAYSIDE PRESBYTERIAN CHURCH Agenda Item::# 9 Page '4 visiting the columbarium and will be virtually invisible from any right-of-way. (2) Traffic Engineering staff do not anticipate an increase in vehicles per day above what is generated by the existing church activities. Staff, therefore, recommends approval of this request. Conditions · . The columbarium shall be constructed as depicted on the drawings entitled, "Columbarium Study, Bayside Presbyterian Church, Virginia Beach Virginia, Attachment 3, Attachment 6," dated November 1, 2003, which has been exhibited to the City Council and is on file in the Planning Department. The location of the Columbarium shall be adjacent to the northern Fellowship Hall as depicted on the site plan entitled, "Site Plan, Bayside Presbyterian Church," dated January 8, 1990, which has been exhibited to the City Council and is on file in the Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approvaL See Section 220(g) of the City Zoning Ordinance for further information. BAYSIDE PRESBYTERtAN CHURCH -..:.:. 1.. Agenda Item!i:.#.9 _.~ Page.5 Public A enc¥ Comments Public Works Master Transportation Plan (MTP): Independence Boulevard in the vicinity of this request is a four (4)lane divided urban arterial. It is designated in the MTP as a 150 foot wide divided right-of-way with a multi-use trail. , , Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Independence 43,000 27,300 Existing Land Use z Boulevard ADT ~ ADT 1 - 410 ADT weekday - 1,648 ADT Sundays Proj~osed Land Use ~- 410 ADT weekday -1,648 ADT Sundays Average Daily Tdps 2 as defined by square footage of existing church 3 no change in ADT expected BAYSIDE PRESBYTERIAN CHURCH Agenda Item#A9. .-Page: .7 Exhibit A Aerial of Site Location BAYSIDE PRESBYTERIAN CHURCH A~enda Item.~?.# .9 Page...8 Exhibit B Proposed Site Plan BAYSIDE PRESBYTERIAN CHURCH A~en.da. Item:# 9. Page 9 Exhibit C Proposed Structure Elevation BAYSIDE PRESBYT~AN CHURCH A~enda Item#,.9 piag'e il .0 Z Z DisCLosuRE STATEMENT'i Exhibit D Disclosure Statement APPLI'CANT DISCLOSURE If the applicant is a CORPORATION, list ali officers of the Corporation below: (Attach list if necessary) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list ali membem or partners in the organization below: (AEach list necessary) Trustees: Jane L. Lawrence; J. Douglas Soremsen; Dona.Id T. Cannell r-i Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. If the applicant is not the current owner of the property, complete the Property Owner Disclosure section below: PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) if the property owner is a PARTNERSHIP, FIRM, or other uNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) I-I 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 a'~'d accurat'e. I understand that, upon receipt of notification (postcard).that the application has been scheduled for public hearing, i am responsible for obtaining and posting the required sign on the subject prope~.,at least 30 days prior to the scheduled public hearing according to ttAe;Tl~stru.c~ons)in this package. Applicant's Sig~a~t~re" -7 Print Name / Property Owner's Signature (if different than applicant) Conditional Use Permit Application Psge 10 of 10 Revised 7,/1 [2003 Print Name BAYSIDE PRESBYTERIAN' C'HURCH Agenda item::.::# 9 ,. Page':..l..~l .. .. FRDM : EIQYSI D~ PRESBYTERI AN CHURCH 1,- 2,'1 -O~; IO;I~AM; FAX NC]. : 757-4GS-CjBG5 .Tan. 21 2004 12: 13PM PS ; ~,t'2. $ ~667 e 2/' *';~ APPLICANT DISCLOSURE If the applicant iea corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members,, trustees, partners, etc. below: (Attach list if necessary) Bayside Presbyterian Church -- . Trustees: J. Douglas Sor'ensen; Donald T Cannell Doris N. Nail 2. List all businesses that have a that have a parent-subsidiary~ or affiliated business entity2 relationship with the applicant: (Attach list if nece~.~ary) ["1 'Check here If the applicant is NOTa corporation, partnership, firm, business, or crl~er unincorporated organization_ PROPERTY OWNER DISCLOSURE Complete this secUon only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unirK~orporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. belows. {Attach list ifnecessan/) ... 2. Ust all businesses that have a ~at have a parent-subsidiary~ or affiliated business entity~ relationship witl~ the applicant: (AEach list if necessary) [] Check hem if the property owner is NOT a corporation, partnership, firm, business, or o~her unincorporated organization. See next page for footnoles . ,,,,,, , i,,, III Co~k~nal Use Permit Appllcedon Page 10 of 11 FROM :BAYSIDE PRESBYTER I AN CHURCH FAX NO. : 7S7-460-9B65 Jan. 21 ;2004 1_2: 13PFI P2 ; .'..-4 .". 65667 ~ 3x _~! -' iii i .! .... · i1 · · DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, and legal services: (Attach list if necessary) Eickho¢ Columbaria · , i, - i1-! -- I i,, . · ~ "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 2,2-3101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be ~,'onsidered in determining the existenc~ of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common er commingled funds or assets; the business entities share the use of the same offices or employees or otherwise sham activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained heroin is true and accurate, I understand that, upon receipt of notification (postcard) that the application has been scheduled for public headng, I am respons~ie for obl~ining and posting the required sign on the subject properly at I~st 30 days prior to the scheduled public hearing accordin~he instr~'t~/s pack~l.~ ~r~plican~'~'$i~n~ta-re~ ~.-~.-~ ~jv/.r,,-/j~.o~,.r,v~_ r --- / .... Print Name 'Property bwner's Sigr~ture (if dlffere~'t than applicant) .... :! :"?":i:- ---:--- .., .... II II - - _ __ _ II1! .~ I ! .- L . Item//9 Bayside Presbyterian Church Conditional Use Permit 1400 Ewell Road District 4 Bayside December 10, 2003 REGULAR Ronald Ripley: Mr. Miller, would you please call the first item to be heard. Robert Miller: The first item is Item//9 Bayside Presbyterian Church. Donald Carmell: Good afternoon. My name is Don Cannell. I'm a Trustee at Bayside Presbyterian Church. We are aware of the conditions and we agree with them. Ronald Ripley: Mr. Cannell, would you please explain what the application is because you have opposition. We like for you to have an opportunity to explain what you're planning there and how you think you might impact the neighborhood, if any. Donald Carmell: Our request is to build a dig~xified memorial wall with numerous niches for members of our congregation and their families. We've been considering this for about 7 or 8 years now. At this point, we request to go forward with it. We believe this is a comfortable, safe, theologically sound, ecologically sound way to take care of the dead within our community. We think, also we planned it in such away' that it is totally unintrusive. You see where it is. Is this a pointer? Ronald Ripley: Yes it is. Just pick it up. Donald Cannell: There's a six-foot wall that goes between the sanctuary and the fellowship hall here. It has a steel gate where it closes off. Yes sir, I didn't realize that you had a picture. I forgot to bring one. It will be eight feet tall, which means if you stand in this position that is shown in this picture you will be able to see it. But for the most part not even the neighbors across the street will be able to see the columbarium at all. We would like to move forward with this project. Ronald Ripley: Are there any questions? Could I ask a question? What is the height of the columbarium? Donald Cannell: It will be eight feet and that wall that you see here is six feet. The total height of the building is 20 feet approximately. Ronald Ripley: So it will be just a little bit higher. Donald Cannell: Just a little bit higher than that wall that you see right there. Item #9 Bayside Presbyterian Church Page 2 Ronald Ripley: Will it be made out of the same material? Donald Cannell: It will be made out of the same brick that's in the building. As you may know, bricks are slightly different size than they were 12 years ago when that part of the building was put up but the color is the same. We've been able to source those. Ronald Ripley: Okay. Thank you very much. Are there any other questions? Thank you. Robert Miller: We have opposition. John and Marjorie Dunn. John Duma: First, I'd like to say that Bayside Presbyterian Church provides wonderful services and the congregation is a great congregation. Pastor Dick Kleever, I consider him a friend. My lot adjoins the back of their church. Robert Miller: Can you point to it with the pointer sir? Ronald Ripley: Mr. Dunn, there's a pointer right there. John Dunn: Right here. Although we will not see this columbarium, my objection primarily is that we bought our property in 1984. We did not have it next to a cemetery. They call it a columbarium. There are many cemeteries that provide services for ashes. There is one on Witchduck. There's one on Great Neck Road. I think that's an appropriate place for one. I'm a little rusty. I'm a retired attorney. I haven't practiced for a while. I was in the military. But, we sit on our back porch quite frequently. Although we can't see it we're going to know that there are some dead bodies in the building, all being in ashes. My question to you is would you like a cemetery almost in your backyard? The other point I would make is the city is looking for sources of revenue. Burying people is a business. They get a business license. They pay gross revenue tax. They pay income taxes if they make money in this business. This is a very tight residential area. The enjoyment of our property will diminish by having this here. I would like you to please consider. Dick Kleever made a good point. He said, "at least I'd have some quiet neighbors." That's all I got. I thank you for your time and your consideration. Ronald Ripley: Are there any questions of Mr. Dunn? Dorothy Wood: Mr. Dunn, you realize that these are throughout the city now in many of our churches and residential areas. John Dunn: I do. Our own church is in the process of getting one and I opposed it. Dorothy Wood: Okay. John Duma: I guess I'm old fashion. I've been brought up as a Catholic years ago and Item #9 Bayside Presbyterian Church Page 3 we reverence the body. :['he church and its great wisdom or lack of it says that we can now bum the bodies. I told my wife to bum my body and drop my ashes over Normandy drop or Fort Bragg but she swears she will not do it. Ronald Ripley: Thank you very much. Robert Miller: That's all the speakers. Ronald Ripley: Mr. Cam~ell, would you like to come back up and readdress us please? You don't have to if' you don't want to. Donald Cannell: The only comment that I would make about the business aspects of burial is it does seem important to us theologically. We're concerned about the well being and the ministry to our people. We would be able to do this much more inexpensively than going through one of our cemetery agencies. As Ms. Wood said a lot of churches that are going this route now and we had it in mind for some time. We appreciate the opportunity to proceed with ours. Thank you. Ronald Ripley: Thank you very much. Okay. I open it up for discussion with the Commission. Duncan Wallace: May I speak? Ronald Ripley: Yeah. You didn't sign up? Robert Miller: I'll sponsor him. Ronald Ripley: Please come forward. Duncan Wallace: I am... Ronald Ripley: Come up 'to the mic so we can hear. Please state your name. Duncan Wallace: I am Dr. Duncan Wallace. I am a member of the Bayside Church and on the columbarium committee. I am also a Thoroughgood resident. Not as closely as Mr. Dunn but I think it adds and enhances our value because we are providing a service to our parishioners. I think it's very important. I think as the rate of cremation, and I am a physician, but it is turning more and more and there are going to be more and more people cremated. I think it's a reasonable ecologically responsible way to deal for people who are theologically comfortable with that. It's going to be a 40-60 percent and it's rising at a rate and I think we will provide a real service to our community. Thank you. Ronald Ripley: Are there any questions? Thank you very much. Now, I'll open it up for discussion. Does anybody have any comments or discussions at this point? Jan? Item #9 Bayside Presbyterian Church Page 4 Janice Anderson: I would support the application. I believe burial is just like other religious rituals and a church is an appropriate place for these activities to be taken care of. But I think the columbarium posses no environmental concerns. The way they have located it behind the wall so it is not visible from the neighbors. So far as the traffic is concerned, the staff came up with that there are parking lots and it is used for the members of the church so I would be in support of it. Ronald Ripley: Thank you very much. Is there anybody else to make a comment? Dot? Dorothy Wood: I agree with Jan. I'm also in support of it. We do have them throughout the city now and this one I'd think is particularly well suited because it is behind a fence and a brick wall. I think it looks very nice and I do support it. Ronald Ripley: I want to make a comment also. I spoke with Mrs. Dunn and she called me about this before I seen the application. I tried to pay close attention to this because she raised some concerns about the way she felt it affected her value. We have seen a number of these be approved and actually are approved generally with landscaping around them to some extent, as far as they are buffered. This particular case, it's located to the front of the church and located in such a unique location with the brick wall and the fence, it just appears to me to be an appropriate location also. I'm also a Bayside representative and I do live in the Thoroughgood neighborhood also. I don't live as close as Mr. & Mrs. Dunn that's for sure and I respect their concerns. I believe that this application is appropriate also. Yes. Robert Miller: I think Mr. Dunn makes a point and certainly it's a fair question would you like to live next door to a cemetery? I don't really have a problem with that but I know my wife would kill me if I made that decision and then maybe my ashes would be dropped over Fort Bragg also or thrown somewhere in a can probably. I don't mean to be unkind about it. I don't perceive this as being quite the same as a cemetery and I would not have a problem with living next door to a church. That is how I see this as a church as any of the other churches that we dealt with. I think your question is a fair question in my heart I can answer it truthfully that I would not have a problem living next door to this church and the columbarium. So, I'm comfortable with it. Ronald Ripley: Are there any other comments? Could we get a motion? Jan? Janice Anderson: I'd make a motion to approve. Ronald Ripley: A motion to approve by Jan Anderson. Dorothy Wood: Second. Ronald Ripley: Seconded by Dot Wood. Is there any other discussion? Let's call for the question. Item//9 Bayside Presbyterian Church Page 5 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 Ripley: By a vote of 11-0, the motion cames. Thank you all very much. Ma~ E-4 Church CUP- for Columbarium I# t DATE 1 06-02-75 05-15-72 2 06-10-68 [REQUEST Change of Zoning (Residential-4 to Residential-9) Change of Zoning (Rural Residential-1 to CL-2) Change of Zoning Rural Residential-1 to Rural Residential 3b, Residential Suburban-1 & Residential Suburban-2 Conditional Use Permit (church) I ACTION Granted Denied Granted 3 08-12-62 Granted Map L-8 Mo N~t to 9cmle 0 B Zonin.q History F P, Inc. R-I P-I P-I I-2 Gpin 2416-67-8078 P-I DATE 2-11-97 12-11- 01 4-11-00 J REQUEST See below Conditional Use Permit (Communication Tower) Conditional Use Permit (Communication Tower) Subdivision Variance I ACTION Approved Approved Approved Before October 1973 the site was zoned M-I 3 General Industrial District- recreational uses required a conditional use permit- and R-D 2 Residence Duplex '~O'BFP, INc. Agenda~.ffems # 11-&:..1..2 Page .8 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: O B F P, Inc. - Change of Zoning District Classification (R-10, A-12 and B-2 to Conditional I-1) and a Modification of a Conditional Use Permit (Aqua Sports, Inc. - approved by City Council on June 23, 1986) MEETING DATE: January 27, 2004 · Background: (a) An Ordinance upon Application of O B F P, Inc. for a Change of Zoning District Classification from R-10 Residential District, A-12 Apartment District and B.-2 Community Business District to Conditional I-1 Light Industrial District on the east side of South Birdneck Road, 900 feet south of Bells Road (GPIN 24166780780000). DISTRICT 6- BEACH (b) An Ordinance upon Application of O B F P, Inc. for a modification of a Conditional Use Permit for Aqua Sports, Inc. approved by City Council on June 23, 1986. Property is located on the east side of South Birdneck Road, 900 feet south of Bells Road (GPIN 24166780780000). DISTRICT 6 - BEACH Considerations: The applicant wishes to rezone 31.70 acres of the site from R-10 Residential District, A-12 Apartment District, and B-2 Community Business District to Conditional I-1 Light Industrial District for the purpose of developing a light industrial office-warehouse park. The applicant notes that the existing amusement park has not performed as well as originally envisioned; therefore, the request to rezone this portion of the amusement park site. There are no existing amusement rides or facilities within the subject area of the rezoning. Should the rezoning request be approved, the modification of the 1986 Conditional Use Permit will be necessary in order to eliminate the amusement park land area from the subject site, reducing the park area from 84.298 acres to 52.598 acres. The applicant proposes subdivision of the parcel into nine office-warehouse (9) lots, ranging in size from 1.13 acres to 4.21 acres. A storm water management facility is also proposed for the site. Access to the sites will be from a roadway tie to Birdneck Road along the northern portion of the property. The proposed Conditional Rezoning is in keeping with the objectives of the Comprehensive Plan for the area as the applicant has proffered landscaping, OBFP Page 2 of 2 tree protection and restoration, stormwater management, building materials and colors, signage and lighting. The proposal is compatible with the airfield operations surrounding NAS Oceana. The uses allowed within the existing R-10 Residential and A-12 Apartment zoning on the site is not compatible with the restrictive easements owned by the United States Navy over the property. The proposed Conditional I-1 Light Industrial is more suitable for the site. The proffers adequately address those uses that would be unacceptable for the site with regard to the air easements, and its proximity to Owls Creek. The proffers also address site and building layout and appearance. The Planning Commission placed these items on the consent agenda because the proposal is appropriate for the site and compatible with surrounding land uses and the AICUZ restrictions on the site. Staff recommended approval. There was no opposition to the requests. · Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve the requests, as proffered. · Attachments: Staff Review (including Disclosure Statements) Planning Commission Minutes Zoning History Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. .! Submitting Department/Agency: Planning Department City Manager: ~V¥-~_.' ~~ L08-210-CRZ-2002 L08-210-MOD-2002 OBFP, INC. Agenda Items # 11 & 12 December 10, 2003 Public Hearing Staff Planner: Faith Christie The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this appfication. Location and General Information REQUEST: (11 ) LOCATION: Change of Zoning District Classification from R-10 Residential District, A-12 Apartment District and B-2 Community-Business District to Conditional I-1 Light Industrial District. (12) Modification of a Conditional Use Permit for a recreational facility of an outdoor nature - reduction in land area. Property located on the east side of South Birdneck Road, 900 feet south of Bells Road -: OB'FP, J:iNC. Agenda :~tems # 11 & .1.2 -: i!page .! ~.~. GPIN: 24166780780000 COUNCIL ELECTION DISTRICT: SITE SIZE: EXISTING LAND USE: SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: APPLICATION HISTORY: 6 - BEACH 31.70 acres The site is currently part of Ocean Breeze Festival Park. It is partially wooded with some areas improved with gravel parking lots. North: South: East: West: · Woods/R-10 Residential · Woods, a public elementary school and public' tennis courts / P-1 Preservation District · Owls Creek and the Marine Science Museum / P-1 Preservation District · South Birdneck Road · Across South Birdneck Road is woods / I-1 Light Industrial District The site is within the Owls Creek watershed. Minor portions of the site have been identified as being located within the 100-year floodplain. Tidal wetlands have also been identified on the site. Any development involving these sensitive areas is subject to review and approval by the Army Corps of Engineers and the City of Virginia Beach Wetlands Board. The site is in an AICUZ area of more than 75dB Ldn surrounding NAS Oceana. A small portion of the site adjacent to Birdneck Road is in an Aircraft Accident Potential Zone (APZ) I1. These requests were deferred at the applicant's request in December 2002. The applicant wishes to rezone 31.70 acres of the site from R-10 Residential District, A- 12 Apartment District, and B-2 Community Business District to Conditional I-1 Light .,. --OBFP,-.INC. Agenda Items # 11 &..1.2 Page 2 Industrial District so that he may develop a light industrial office-warehouse park. The applicant states that the amusement park has not performed as well as originally envisioned; therefore, the request to rezone the site. Should the Rezoning request be approved, the modification of the Conditional Use Permit will be necessary in order to eliminate the amusement park land area from the site, reducing the park from 84.298 acres to 52.598 acres. The applicant proposes subdivision of the parcel into nine lots, ranging in size from 1.13 acres to 4.21 acres. A storm water management facility is also proposed for the site. Access to the sites will be via a roadway from Birdneck Road along the northern portion of the property. In keeping with several of the conditions of the Conditional Use Permit for the site the applicant proffered the following' · All drainage improvements shall be designed to minimize runoff into Owls Creek or its tributaries through the use of on-site storm water retention ponds and grassed swales. Riprap shall be used at all outfalls. · Trees shall be preserved on the property where possible. A tree protection plan and planting plan shall be submitted to the Planning Director, or his designee, for review before any clearing or development activity takes place. · All lighting shall be Iow level and directed toward the interior of the property. The applicant has also proffered the proposed building materials and colors, monument style free-standing signs, and specific uses that will not be allowed on the site in order to protect Owls Creek and its tributaries. Agenda Items # 11 ~'&...1.2 Page:..3.. : ., Major Issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. · Consistency with the recommendations of the Comprehensive Plan Map recommendation for the area. · Compatibility with the airfield operations surrounding NAS Oceana. · Compatibility with the surrounding uses. The Comprehensive Plan Map designates this area as Open Space / Parkland, suitable for outdoor recreation and leisure activities. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should -~ OBFP, i'NC. · Agenda~Jtems. Cf 1.1 .:'& 1,2 ~:- Pa'g'e,..4 this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER # 1 Landscaping shall be installed in a thirty-foot (30) strip along the Property's entire Birdneck Road street frontage. PROFFER # 2 All freestanding signs shall be brick monument style signs. No neon lighting visible from Birdneck Road or the proposed private roadways within the project shall be permitted on the Property. PROFFER # 3 The buildings constructed on each of the proposed lots shall have either brick, split-face block, or Dryvit as the exterior surface of the front, with the remainder of the building of the same material or, painted block or metal. All exterior surfaces shall have an earth tone color. PROFFER # 4 Specific business uses that will not be allowed on the Property are anything that would involve automotive repair and / or service, car wash facilities, heavy equipment sales and service, personal watercraft rentals, or other type of industrial use that involves the use or storage of hazardous chemical or materials that could possibly cause damage to Owls Creek and its tributaries due to accidental runoff or contamination. PROFFER # 5 All drainage improvements shall be designed to minimize runoff into Owls Creek or its tributaries through the use of on-site storm water retention ponds and grassed swales. Riprap shall be used at all outfalls. PROFFER # 6 Trees shall be preserved on the Property where possible. A tree protection plan and planting plan shall be submitted to the Planning Director, or his designee, for review before any clearing or development activity takes place. PROFFER # 7 All lighting shall be Iow level and directed toward the interior of the Property. PROFFER # 8 During the detailed site plan review conducted by Grantee, Grantor shall cause a Traffic Impact Study of the impact of the development of the Property on Birdneck Road to be made, and, prior to the issuance of the first Certificate of ........... --. : ..:'' 'OBFP, ':INC. Agenda..Items # 1 ~1 .'&..1.2 Page 5 PROFFER# 9 Staff Evaluation of Proffers: Occupancy for users of the Property, Grantor shall substantially complete, or post a bond for the completion of, any requirements on Birdneck Road at the entrance to the Property as provided for in the Traffic Impact Study. Further conditions may be required by the GRANTEE during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The proffers are acceptable, as they address site development pertaining to landscaping, tree protection and storm water management. The proffers also limit the types of use that will be allowed on the site, specify building materials and co/ors, and address lighting and signage. City Attorney's Office: The City Attorney's Office has reviewed the proffer agreement dated September 1,2003, and found it to be legally sufficient and in acceptable legal form. Staff Evaluation Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials and the proffers, adequately addresses each of the 'Major Issues' identified at the beginning of this report. The proposal's strengths in addressing the 'Major Issues' are (1) The proposed Conditional Rezoning is in keeping with the objectives of the Comprehensive Plan for the area as the applicant has proffered landscaping, tree protection and restoration, stormwater management, building materials and colors, signage and lighting. (2) The proposed Conditional Rezoning is compatible with the airfield operations surrounding NAS Oceana. The R-10 Residential and A-12 Apartment districts are not compatible with the restrictive easements owned by the United States Navy over the property. The proposed Conditional I-1 Light Industrial is more suitable for the site. The proffers adequately address those uses that would be ..~ - .......... ~--' .-. .... :~,~. -'- OBFP, 1;NC. Agenda ~.iltems # 1 -- . .... .p'ag~ 6 ,.~ unacceptable for the site with regard to the air easements, and its proximity to Owls Creek. Staff, therefore, recommends approval of this request. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable Cit~ Codes. "'~ ObfP, ::.liNC. ~ Agenda.!ltems # 11 &...1.2 - P'ag~: ,7 10/15/73- Rezoning from RDo2 Residence Duplex to CG-3 General Commercial and RD-2 Residence Duplex to RM Multiple Family and a Conditional Use Permit for 792 units and private boat slips 4/17/79 - Rezoning from R-5 Residential to B-2 Business 12117179 - Conditional Use Permit for miniature golf course 7~5~83 - Conditional Use Permit for a recreational facility of an outdoor nature 5/21/84 - Conditional Use Permit for a recreational facility of an outdoor nature - a recorded agreement between E.S.G. Enterprises, Inc. and the City of Virginia Beach pertaining to the conditions of the use permit (D.B.2339, PG. 0993) 6123186 - Conditional Use Permit for recreational facilities of an outdoor nature: 1. A 15 foot dedication along the frontage on South Birdneck Road, 45 feet from the centerline of the old 60 foot right-of-way as per the Master Street and Highway Plan. 2. Appropriately sized drainage easements are required along Owls Creek and it tributaries impacting the site. 3. Dedication of a 100 foot treed buffer to be preserved in its present and natural state without any clearing; and, to be zoned P-1 Preservation District. The width of this buffer is to be measured 100 feet to the west from the mean high water line beginning at the northern property line, running along Owl's Creek in a southwesterly direction and turning the corner at the tributary which divides on Area 2 as designated on the Festival Park Plan submitted by Talbot and Associates, dated May 6, 1986. This P-1 zoning shall be initiated prior to the site plan approval. Re-vegetation will be subject to staff review. 4. All drainage improvements shall be designed to minimize runoff into Owls Creek or its tributaries through the use of on-site storm water retention ponds and grassed swales. Perimeter filter strips around all parking areas and porous pavement material for all surface-parking areas shall be required providing that the underlying soil is suitable. Riprap shall be used at all outfalls. 5. Pedestrian access to the P-1 area should be limited to only the pedestrian bridges and the "scenic overlook". 6. All lighting should be Iow level and directed toward the interior of the park. 7. Turn lanes and signalization shall be provided on South Birdneck Road as approved by the City Traffic Engineer. 8. The hours of operation are restricted from 10:00 a.m. to 10:00 p.m., except Memorial Day through Labor Day and on holidays and weekends, closing shall be at Midnight. '~ ~'' OBFP, ~iI.NC. Agenda :.Items # 11:&..:~12 '" Pa.gg.. 9 ~., .. 9. There will be no public address system other than for background music and emergency announcements, no recreational use of Owls Creek associated with this park and no outdoor concerts. 10.AIl structures are to be limited in height to 35 feet or less. 11. There shall be n.o boating on Owls Creek. 12.Any significant change to this plan shall come before City Council for further consideration. 8127187 - Rezoning from A-1 Apartment to P-1 Preservation (required by Condition 3 of the Conditional Use Permit approved 6/26/86) 2~26~90- Reconsideration of Conditions 8, 9, and 10 placed on the Conditional Use Permit approved 6/23/86 (reconsideration of Conditions 8 and 10 were deferred by the Planning Commission): 9. A. There shall be no public address system other than for background music and emergency operations. B. No recreational use of Owls Creek associated with this park. C. No rock concerts or loud music performances will be permitted. D. One 300 seat outdoor stage to be used for family entertainment and limited to puppet shows, magic shows, and variety shows of approximately twenty (20) minutes each. E. The facility shall face Birdneck Road or Motor World, away from Owls Creek. F. Hours of operation shall be restricted from 10:00 a.m. to 10:00 p.m., except from Memorial Day thru Labor Day and on holidays and weekends, closing shall be at midnight, and G. Approval for this stage shall be for a period of two (2) years. 4~23~90 - Reconsideration of Conditions 8 and 10: Condition 8: 1. Approved request to keep mechanical rides and other activities open daily (seven days a week) from 10:00 a.m. until 12:00 Midnight. 2. Approved miniature golf, pizza restaurant and activities from Shipwreck Golf Course to Birdneck Road may be open from 10:00 a.m. until 2'00 a.m. Friday and Saturday only. Condition 10: 1. The proposed mechanical rides shall be located in the area marked "future development" on the submitted site plan adjacent to South Birdneck Road and running east to the Shipwreck Golf. This does not include the aerial tram, which is acceptable as shown on the site plan. Height limit shall be varied in this area only. ... - . '" OBFP, .'tNC. Agenda Items # 11 & .1.2 · -Pa:ge'::1..0 2. A Board of Zoning Appeals variance is required for all structures exceeding the 35-foot height limitation, which may occur only in the area of Conditions 1 as, described above. 3. The proposed tram is approved only for the route shown on the submitted site plan dated January 23,1 990, by Talbot and Associates. This route is parallel to the existing roadway. The tram shall not be allowed to cross Owls Creek in any other location. 4. Trees shall be preserved on the development site where possible. A tree protection plan and planting plan shall be submitted to the City Arborist and Director of the Virqinia Museum of Marine Science for review before any clearing or development activity takes place. The plan shall include a pre- and post- development tree inventory. This condition shall apply to al future development. 5. No motorized rides or noise disturbing activities shall be operated after 12:00 Midnight. - 6. All other conditions shall remain the same. 6/11/91 - Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86 (Condition 9) . Outdoor concerts may be held on the subject site in conjunction with the 1991 Beach Events Program. The concerts must conclude by 11:00 p.m. All speakers shall be oriented toward Birdneck Road or Motor World and away from Owls Creek. Approval is for a period of one year. 11/26/91 - Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86 (Conditions 9 and 10): 9. A. 10. A. There shall be no public address system other than for background music and emergency operations. B. No recreational use of Owls Creek associated with this park. C. The outdoor concert stage shall not encroach into the trees area in the northwest portion of the site. The concerts must conclude by 11:00 p.m. The stage and speakers shall be oriented away from Owls Creek. During detailed site plan review the applicant shall engineer the stage to minimize sound in the Owls Creek area. Engineering plans must meet the approval of the Director of Museums and the Planning Director. D. Noise shall be monitored and evaluated according to acceptable decibel standards. (The acceptable level will be determined.) The proposed mechanical rides shall be located as shown on the site plan dated October 29, 1991, by Bruce B. Robinson Architect/Design. Height limitation will be varied in this area only. OBFP,.:IiNC. Agenda 'Items # 11 &..1.2 Pagei.l..:l B. A Board of Zoning Appeals variance is required for all structures exceeding the 35-foot height limitation which may occur only in the area of Condition 10A as described below. C. The proposed tram is approved only for the route shown on the submitted site plan ,dated January 31, 1990, by Talbot and Associates. This route is parallel to the existing roadway. The tram shall not be allowed to cross Owls Creek in any other location. D. Trees shall be preserved on the development site where possible. A tree protection plan and planting plan shall be submitted to the City Arborist and Director of the Virginia Museum of Marine Science for review before any clearing or development activity takes place. The plan shall include a pre- and post-development tree inventory. This condition shall apply to all future development. E. No motorized rides or noise disturbing activities shall be operated after 12:00 Midnight. 4/14/92 - Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86 (Condition 10): 10. A. The proposed mechanical rides shall be located as shown on the site plan dated October 29, 1991, by Bruce B. Robinson Architect/Design. The proposed Bungee Jumping Tower may be located north of the mechanical rides area, adjacent to the Strike Zone. Height limitation will be varied in the mechanical rides area and for the Bungee Jumping Tower only. The tower shall be no more than 150 feet in height. Air-filled safety bags may be used instead of netting. 2111/03 - Conditional Use Permit- Recreational Facility of an Outdoor Nature (Amusement Park Racetrack)- Approved , , , , No motorized rides or noise disturbing activities shall be operated after 12:00 Midnight. The building shall be painted to match the existing color scheme of the other buildings in the Motorworld theme park. Category IV plantings shall be installed along the western edge of the site outside of the ultimate right of way for South Birdneck Road to serve as a buffer along the roadway. Planting is encouraged to be innovative in terms of spacing and linear arrangement to allow the widest possible variation for visual enhancement while separating uses. A solid screen of plantings is not necessary for this project. Plantings shall be installed prior to a certificate of occupancy for the new racetrack building is issued. A site plan showing the new building location, the reconfiguration of the existing racetrack and the Category IV plantings along the western...gd.ge. · _ .. . -. ........... . .. ::;.'i )-. · ,..,,¢. -O'BFP, '.;INC. ..... Agenda.4tem.s # 11 :,:'&.1,2 .Rage"..! 2 . of the site shall be submitted to the Development Services Center for review and approval. All conditions attached to the original use permit and all modifications shall remain in effect. Public Agency Comments Public Works Master Transportation Plan (MTP): Birdneck Road in front of this site is a two-lane minor suburban arterial roadway. There is a project in the current Capital Improvements Program to widen this road to a four-lane divided roadway with a bike path. The applicant must consult with the Public Works CIP, Real Estate and Traffic Divisions regarding proposed right-of-way dedications and proposed easement locations for the project. The project is scheduled to be advertised for construction in September 2006. Based upon anticipated traffic volumes to be generated by the proposed industrial park a Traffic Impact Study (TIS) will be required during detailed site plan review. The TIS will address access issues associated with the development, including right and left turn lanes, how access is to be provided to the industrial park before and after Birdneck Road is widened to a divided four- lane roadway, and the potential need for a traffic signal at the entrance to the industrial park. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use z - N/A 14,120 15,000ADT Birdneck Road ADT ~ ~ Proposed Land Use 3_ 2,020 ~ Average Daily Tdps 2 as defined by undeveloped site 3 as defined by 32 acre industrial park ~- OBFP, INC. Agenda~::ltems # 11 ~&....12 ...... Page 1.3 Public Utilities .Water: Thirty-inch, twelve-inch and eight-inch water mains exist in South Birdneck Road in front of this site. The proposed development shall connect to City water. Hydraulic analysis plans and bonds are required for construction of the water system. Sewer: A ten-inch sanitary sewer main exists in Birdneck Road, approximately 400-feet south of the site. The proposed development shall connect to City sewer. Sewer analysis, pump station calculations, plans and bonds are required for connection to the sewer system. Developer pro-rata fees may apply due to the zoning change. Public Safety Police:. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. IFire and Rescue: IFire department issues will be examined during detailed site plan review. ..... OBFP,. t.N'c. --:':- Agenda:itoms # 11 & .12 -~-' -' ., .Page.:.:1.4 ~-. ? ExhibitS~'~ Exhibit A Aerial of Site Location -'-OBFP, INc. Agenda:Items # 11 &..12 ... Page..1.5 .... ,. j; / t' :/ ,o Exhibit B Proposed Subdivision Plat - 'OBFP, I'N'c. Agenda .Items # 11 & 1.2 Page'::'.:.l.6 .., Exhibit C Disclosure Statement If the applicant is a corporation, partnership; firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) O,B. F P.., Inc. - Edward...S. Garcia, President; Michael F. Gelardi, Vice President; Andrea Kilmer, Secret..a. ry/Treasurer 2. List all businesses that have a that have a parent-subsidiary~ or affiliated business entity2 relationship with the applicant: (Attach list if necessary) E. S. G. Enterprises, Inc. ,, [] Check here if the applicant, is NOT a corporation, partnership, firm, business., or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a that have a parent-subsidiary~ or affiliated business entity~ relationship with the applicant: (Attach list if necessary) [] Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. See next page for footnotes i ,,,,ii i ii 31111 i1 IIIII I I I,ll I IIIIII III 13 !1,,1,, II I I IIII I , :; .... : Conditional Re. zoning Application Page 12 of 13 Revised 10/1,~2003 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with 'respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, and legal services: (Attach list if necessary) J. Randall Royal of Enqineerin.cI Services, inc. (civil e.n_clineerin~) and Jay F. Wilks of Wilks & Alper~ P.C. ¢le~al services) ~ "Parent-subsidiary relationship" means "a relationship .that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share, activities, resources.or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. I ~.,e"~ify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining ~and posting the required sign on the subject properl~ at least 30 days prior to the scheduled public hearing according to the instructions in this package. · , Michael F. Gelardi App'lic-~n[C~.~ignature - - - " Print Name i P,,roperty ,,O,,w, ner's Si,gnature (if d',fffere, nt than.,' applicant) . Pdnt Name ..... Conditional Rezoning Application Page 13 of 13 Rev}seal 10;112003 Exhibit C-2 Disclosure Statement .~.:' OBFP, INC. Agenda,~{ems # 11 :& 12 Pag.e:,...18 ._ . .r Items # 11 & 12 O B FP, Inc. Change of Zoning District Classification Conditional Use Permit East side of South Birdneck Road District 6 Beach December 10, 2003 CONSENT Dorothy Wood: The next two items are Items # 11 & 12 OBFP, Inc. Item # 11 is an ordinance for a change of zoning classification from R-10 Residential, A-12 Apartment, and B-2 Community to I-1 Industrial on South Birdneck Road, south of Bells Road. This is in the Beach District. Item # 12 is an application of the same people, OBFP, for a modification of a Conditional Use Permit for Aqua Sports approved by City Council in 1986. This property is also located on the east side of Birdneck Road and it is in the Beach District. There are nine proffers. Randy Royal: Randy Royal representing OBFP. Dorothy Wood: Mr. Royal, you've read the nine? Of course, you wrote the proffers and you agree with them. Randy Royal: Yes ma' am. Dorothy Wood: Thank you. Mr. Din, would you please? William Din: Yes. This is a change in zoning classification and a modification of a Conditional Use Permit request. The applicant is proposing to develop a 31.7-acre site, which is currently part of Ocean Breeze Festival Park into a light industrial and ware- house park. We see no incompatibilities here. This is an appropriate use in this location and complies with our Comprehensive Plan. The site is in an AICUZ zone, which is however, compatible with that noise zone. So, we have placed it on consent. Dorothy Wood: Thank you. Is there any opposition to this item? I would move to approve Items 11 & 12. Ronald Ripley: Items #11 & 12 have nine proffers. Dorothy Wood: Yes sir. Ronald Ripley: Okay. That's the motion to approve the items so cited. Do I have a second? Seconded by Kathy Katsias. Is there any discussion? Hearing none, we'll call for the question. AYE 11 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE Ronald Ripley: By a vote to 11-0, the motion carries. MapL-8 0 B F P, Inc. Mo Not to Scale P-I P-I [-2 Gpin 2416--67--8078 P-I I# DATE I REQUEST J ACTION See below Conditional Use Permit (Communication Tower) Conditional Use Permit (Communication Tower) Approved Approved 2-11-97 12-11- 01 3 4-11-00 Subdivision Variance Approved Before October 1973 the site was zoned M-I 3 General Industrial District- recreational uses required a conditional use permit- and R-D 2 Residence Duplex. NO. P.S. 1E~ City of Virginia Beach INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DiF-5648 DATE: January 14, 2004 TO: Leslie L. Lilley DEPT: City Attorney FROM: B. Kay Wil(~~ DEPT: City Attorney Conditional Zoning Application O B F P, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 27, 2004. I have reviewed the subject proffer agreement, dated September 1,2003, 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: Jay F. Wilks, Esquire Wilks & Alper, P.C. 700 Town Point Center 150 Boush Street Norfolk, VA 23510-1637 PROFFER AGREEMENT THIS AGREEMENT, made as of this 1st day of September, 2003, by and between O B F P, Inc., a Virginia corporation, GRANTOR, hereinafter referred to as GRANTOR; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as GRANTEE. WITNESSETH: WHEREAS, GRANTOR is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 31.70 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference, hereinafter referred to as the "Property"; and WHEREAS, the GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the GRANTEE so as to cha,nge the Zoning Classification of the Property from R-10 Residential District, A-12 Apartment District, and B-2 Commercial District to I-1 Industrial District; and WHEREAS, the GRANTEE'S policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, 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 GRANTOR'S proposed rezoning, 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 GRANTOR'S rezoning application gives rise; and WHEREAS, the GRANTOR has voluntarily proffered, in writing, in advance of and prior to the public hearing before the GRANTEE, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. GPIN No. 24'166780780000 NOW, THEREFORE, the GRANTOR, its successors and assigns, and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or .quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, its successors and assigns, and other successors in interest or title: 1. Landscaping shall be installed in a thirty foot (30') strip along the Property's entire Birdneck Road street frontage. 2. All freestanding signs shall be brick monument style signs. No neon lighting visible from Birdneck Road or the proposed private roadways within the project shall be permitted on the Property. 3. The buildings constructed on each of the proposed lots shall have either brick, split-face block, or Dryvit as the exterior surface of the front, with the remainder of the building of the same material or, painted block or metal. All exterior surfaces shall have an earth tone color. 4. Specific business uses that will not be allowed on the Property are anything that would involve automotive repair and/or service, car wash facilities, heavy equipment sales and service, personal watercraft rentals, or any other type of industrial use that involves the use or storage of hazardous chemical or materials that could possibly cause damage to Owls Creek and it tributaries due to accidental runoff or contamination. 5. All drainage improvements shall be designed to minimize runoff into Owls Creek or its tributaries through the use of on-site stormwater retention ponds and grassed swales. Rip rap shall be used at all outfalls. 6. Trees shall be preserved on the Property where possible. A tree protection plan and planting plan shall be submitted to the Planning Director, or his designee, for review before any clearing or development activity takes place. 7. All lighting should be Iow level and directed toward the interior of the Property. 8. During the detailed site plan review conducted by Grantee, Grantor shall cause a Traffic Impact Study of the impact of the development of the Property on Birdneck Road to be made, and, prior to the issuance of the first certificate of occupancy for users of the Property, Grantor shall substantially complete, or post a bond for the, completion of, any required improvements on Birdneck Road at the entrance to the Property as provided for in the Traffic Impact Study. 9. Further conditions may be required by the GRANTEE during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable city Code requirements. All references hereinabove to R-10, A-12, B-2 and I-1 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 this 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 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 public 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. The GRANTOR covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the GRANTOR 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 pubic 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 GRANTOR and the GRANTEE. WITNESS the following signature and seal: GRANTOR: O B F P, INC., a Virginia corporation Vice President ~." .(SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this~1 ¢'~ day of September, 2003, by Michael F. Gelardi, Vice President of O B F P, Inc., a Virginia corporation, on behalf of said corporation. My Commission Expires: 17... '~ I · Ot~ C:\WINDOWS\Temporary Intemet Files\OLK2F4\OBFP Proffers v3 final.doc Notary Public EXHIBIT "A" All those certain pieces or parcels of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel 3, as shown on that certain plat entitled "RESUBDIVISION OF OCEAN BREEZE FESTIVAL PARK", made by Engineering Services, Inc., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 284, Page 7. The above described parcel is situated in the Beach District, Virginia Beach, Virginia and contains 38.636 acres. SAVE AND EXCEPT that portion of the property labeled as a 100' buffer zone in Map Book 192, Page 41, and designated on the City's zoning maps as P-l, Preservation District. v.. 'Od 'co~z ~ G~u M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS- Plumbing/Mechanical COMMUNITY POLICY and MANAGEMENT TEAM - CSA AT-RISK YOUTH COMMUNITY SERVICES BOARD - CSB FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE - HREDA · , HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL OPEN SPACE COMMITTEE PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA- SEVAMP TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION-VBCDC WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 ~ DATE: JanUary 13, 2004 C E S L D C M R C a W I J L A N R H N I E E O A D D E M U L W Z U N N D O E I E S O AGENDA E R E A O R V D V O O ITEM # SUBJECT MOTION VOTE L E S N X F E T A N D I BRIEFING A WORKFORCE PLANNING / DEVELOPMENT Fagan Stackhouse, Dir., Dept of Human Resources B BUDGET WORKSHOP PROCESS - CHANGES Catheryn Whitesell, Dir. Dept of Management Services II/III CERTIFICATION OF CLOSED SESSION CERTIFIED 11.0 Y Y Y Y Y Y Y Y Y Y Y /W/ E F MINUTES APPROVED 10-0 Y Y Y Y Y Y Y Y Y A Y B INFORMAL / FORMAL SESSIONS S January 6, 2004 T A I N E D G/II Ordinance to AMEND § 1243 of City Code re ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y /Fl enforcement of Fire Prevention Code re CONSENT overcrowding of certain spaces / floors / buildings 2 Ordinance to APPROPRIATE $17,991 re ALLOWED 11-0 Y Y Y Y Y Y Y Y Y Y Y donation to Francis Land House Museum WITHDRAWL Foundation BY CONSENT 3 Resolution to request Commonwealth of Virginia / DEFERRED TO I 1-0 Y Y Y Y Y Y Y Y Y Y Y Federal Government refrain from passing under- 1/27/04 BY funded / unfunded mandates on local governments CONSENT / requesting Congress / General Assembly review existing programs / reduce egregious requirements / on local govemments/ school boards J/1 SUDHAKAR J. LAVINGIA: (DISTRICT 1 - CENTERVILLE) a closure of a portion of Stumpy Lake Lane / Ha~xis APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y Creek Court CONDITIONED BY CONSENT b Change of Zoning District Classification from R- APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y 10 Residential District to Conditional R-5D PROFFERED BY Residential Duplex District at: CONSENT (I)' Indian River Road and West Stumpy Lake Lane (2) South side of Stumpy Lake Lane 2 Variance to § 4.4(b) of Subdivision Ordinance ALLOWED 11-0 Y Y Y Y Y Y Y Y Y Y Y that requires all created lots meet CZO for MARY WITHDRAWL E. FULCHER, to subdivide the property into four BY CONSENT (4) lots with single family dwellings at 4116 Duncannon lane (DISTRICT 5 - LYNNHAVEN) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS ¥ 0 ~ M B L DATE: January 13, 2004 C E $ L d C M R C A W I J L A N R H N I E E O A D D E M U L W Z U N N D O E I E S O AGENDA E R E A O R V D V O O ITEM # SUBJECT MOTION VOTE L E S N X F E T A N D 3 SPSA at 1989 Jake Sears Rd: APPROVED AS 1 l-0 Y Y Y Y Y y y y y y y (DISTRICT 1 - CENTERVILLE) CONDITIONED BY CONSENT a. COZ from R-5D / R-7.5 / B-2 to I-2 Heavy lndusU'ial District b Conditional Use Permit for solid waste management 4 HARBOUR TUGBOATS DAY CARE CUP for APPROVED AS 11-0 Y Y Y Y Y y y y y y y child care at Foundry United Methodist Church at CONDITIONED 2801 Virginia Beach Bvd / Foundry Ln BY CONSENT (DISTRICT 6 - BEACH) 5 Ordinance to AMEND § 905 of CZO re signs in ADOPTED AS 10-1 Y Y Y N Y Y Y Y Y Y y B-3A REVISED BY CONSENT K BOARD OF BUILDING CODE APPEALS - RESCHEDULED B Y C O N S E N S U S Plumbing/Mechanical CHESAPEAKE BAY PRESERVATION AREA 3 yrs 1 I-0 Y Y Y Y Y Y Y Y Y Y y BOARD 1/1/04 - 12/31/06 Reappointed: Dale W. Tyree COMMUNITY POLICY and MANAGEMENT RESCHEDULED B Y C O N S E N S U S TEAM - CSA AT-RISK YOUTH COMMUNITY SERVICES BOARD - CSB FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PLANNING COMMISSION 4 yrs 11-0 Y Y Y Y Y Y Y Y Y Y Y 1/1/04 - 12/31/07 Appointed: John S. Waller PUBLIC LIBRARY BOARD RESCHEDULED B Y C O N S E N S U S SENIOR SERVICES OF SOUTHEASTERN VIRGINIA - SEVAMP TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION -VBCDC L/M NEW BUSINESS City Clerk to B Y C O N S E N S U S 1 ABSTRACT OF CIVIL CASES RESOLVED - Record DECEMBER 2003 N ADJOURNMENT 6:16 PM