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JANUARY 11, 2005 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORJo~ At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBHRT M. DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 IUCHAIW A. MADDOX, Beach - District 6 .11M IU"'EVE, Princess Anne - District 7 PETER W SCHMID?: At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large .IAMIiS L. WOOD, I,ynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGHR - JAMES K. SPOlUi CITY ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC 11 January 2005 I. CITY MANAGER'S BRIEFING Conference Room A. VDOT Interchange Design Options - Independence Boulevard and 1-264 Robert Scott - Director, Planning II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION CITY HALL BUILDING 240i COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com 2:30 PM - Conference Room - 4:30PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Oberndorf 6:00PM B. INVOCATION: Reverend J. Scottie Griffin, DDS Pastor, Lynnhaven Presbyterian 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 4,2005 G. MAYOR'S PRESENTATION 1. HOLIDAY LIGHTS DONATION to American Red Cross for TSUNAMI disaster H. AGENDA FOR FORMAL SESSION I. CONSENT AGENDA J. ORDINANCES 1. Ordinance to AMEND Chapters 1-2,6-3,6-5,6-30,6-114 and 31-28 of the City Code re the definition of "resort season". (Deferred January 4,2005) 2. Ordinance to AMEND the City Code by adding 95-19 re adequate space and time restrictions for tethering animals. K. PLANNING 1. Application ofS & W SIMPSON, L.L.C. for MODIFICATION of a Nonconforminl! Use and Structure from a restaurant to an automobile and farm equipment parts store at 1608 Princess Anne Road. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL 2. Application of CHARLES BARKER TOYOTA for MODIFICATION of Conditions re a Conditional Use Permit, (approved by City Council July 1966 and September 2002) to enlarge the body shop and add two car wash bays at 1877 Laskin Road. (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 3. Applications of CITY VIEW ONE, LLC at Bonney and Bendix Roads. (DISTRICT 5 - LYNNHA VEN): (Deferred December 14, 2004) a. Change of Zoning from 0-2 Office District to Conditional B-4C Central Business Mixed Use District b. Conditional Use Permit re Multi-Family dwellings, Grocery Stores, Carry-Out Food Stores and Convenience Stores RECOMMENDATION: APPROV AL 4. Application of MIRACLE TEMPLE WORSHIP CENTER, INC. for a Conditional Use Permit re a church at 3900 Bonney Road. (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPROV AL 5. Application of NEWT OWN SQUARE ASSOCIATES, L.L.C. for a Conditional Use Permit re mini-warehouses at 544 Newtown Road (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL 6. Application of AUDREY and RONALD BELLEN for a Conditional Use Permit re boarding horses at 3728 Bridle Path Lane. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL 7. Application of MARY SPADY for a Change of Zoning from R-I0 Residential District to Conditional 0-1 Office District at 844 Kempsville Road. (DISTRICT 2 - KEMPSVILLE) (Deferred November 23,2004) RECOMMENDATION: DENIAL 8. Application of THE RUNNYMEDE CORPORATION for a Change ofZoninz from R-7.5 Residential to Conditional B-2 at 242,246,250 and 254 Clearfield Avenue. (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL 9. Application of BRUCE D. O'LEARY for a Change of Zoning from R-I0 Residential to Conditional B-2 at Indian River and Gammon Roads. (DISTRICT 1 - CENTERVILLE) RECOMMENDATION: APPRO V AL 10. Application of ATLANTIC BUILDERS, L.L.c. for a Chanze of Zoning from AG-l and AG-2 Agricultural to Conditional 1-1 Industrial at Shipps Corner Road and London Bridge Road Extended. (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL L. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE BUILDING CODE OF APPEALS - Building Maintenance Division New Construction Division COMMUNITY POLICY and MANAGEMENT TEAM (CSA - AT RISK) FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL P ARKS and RECREATION COMMISSION TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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 1lll/05st www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 11 January 2005 Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re VDOT INTERCHANGE DESIGN OPTIONS - INDEPENDENCE BOULEVARD and 1-264 in the Council Conference Room, City Hall, on Tuesday, January 11,2005, at 2:30 P,M. Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf and James L. Wood Council Members Absent: Jim Reeve [Entered: 2:40 P,M.] Peter W. Schmidt [Entered: 2:35 PM.] Ron A. Villanueva [Returning from Richmond Entered Closed Session: 4:08 P,M. ] Rosemary Wilson [Entered: 2:35 P.M.] -2 - CITY MANAGER 'S BRIEFING VDOT INTERCHANGE DESIGN OPTIONS-INDEPENDENCE BOULEVARD and 1-264 JOINT 2:30 P.M. ITEM#53428 Robert J. Scott, Director-Planning,presented information relative the eastern side of the Interchange at 1-264 and Independence Boulevard and the results of the Consultant's study. Mr.Scott introduced Brian Curtis and his team from Michael Baker Consultants; Horace Welch - Virginia Department of Transportation Planning Division and William Nash-Kimley-Horn and Associates. Mr. Scott displayed a very recent photograph of the area(approximately two(2)weeks old). >,. y . �'�_ .r...ter • r•r.i� -:.-•! -r'„!°+r"_ • • `ai'r” ate. The problem is depicted in this photograph with Independence Boulevard going underneath Interstate 264. Independence Boulevard has been an asset to the City since its construction in 1967 when the population was approximately 150,000. The population is now about 450,000. Independence Boulevard has the disadvantage of serving as a dam impeding the flow of traffic from the North side of the road which involves all the remaining northern portion of the City i.e.condos on Shore Drive,as well as south of this Boulevard. There are nine (9) "holes" in this dam commencing at Newtown, Witchduck, Independence, Rosemont, Plaza Trail, Lynnhaven, First Colonial, Great Neck and Birdneck.All traffic in the Citymust flow through one of these nine(9) "holes". There have been minor upgrades to the Independence Interchange since its inception. The concept of a `fly-over"has been part of the City's plans for many years; however, this has fallen in and out of favor over various periods of time. Inn„nry 11 'MIK - 3 - CITY MANAGER'S BRIEFING VDOT INTERCHANGE DESIGN OPTIONS - INDEPENDENCE BOULEVARD and I-264JOINT ITEM # 53428 (Continued) Reasons for pursuing new Grade Crossings of 1-264 Independence Boulevard is the only major access to Town Center from south of 1-264 One crash at the interchange would block access to Town Center Independence Boulevard is congested with no capacity to handle future traffic Options to increase capacity on Independence Boulevard are limited A good transportation system and access are key factors that developers consider when choosing to invest Limiting access to Town Center will ultimately restrict its potential size and scale New grade crossing would encourage Town Center type development to spread south of 1-264 and west of Independence Boulevard Mr. Scott displayed maps of three (3) Alternatives east of Independence Boulevard: A, C and F. All Three Alternative Remove 15% of traffic from 1-264/lndependence Boulevard Interchange area Will carryover 20,000 vehicles per day Provide good access to Pembroke Area and Town Center Facilitate movement of traffic through the area Improve bicycle and pedestrian connectivity within the Pembroke Area via multi-use paths Have similar costs to construct Impact City View One development Will increase traffic adjacent to Columbus Station developments All three (3) alternatives will safeguard the Larkspur neighborhood January II. 2005 - 4 - CITY MANAGER'S BRIEFING VDOT INTERCHANGE DESIGN OPTIONS - INDEPENDENCE BOULEVARD and I-264JOINT ITEM # 53428 (Continued) ALTERNATIVE A PROS CONS Zero residential displacements Negative Impacts to Mount Trashmore Direct multi-use path connecting Town Center Additional Noise and Traffic (20,000 vehicles) and Mount Trashmore Park on Edwin Drive Loss of Parking Section 4(f) and Section 6(1) environmental co- ordination challenges Concerns about constructing roadway onformer landfill due to unknown geotechnical conditions Of the three (3) alternatives, Alternative A would be the least expensive and could be made even less expensive if the City were to modify part of the alignment to keep the movement at-grade. ALTERNATIVE C PROS CONS Direct multi-use path connecting Town Center Twelve (12) townhomes displaced in Columbus and Mount Trashmore Park Station Development Resource Bank Plaza displaced Negative Impacts to Mount Trashmore Additional Noise and Traffic (20,000 vehicles) on Edwin Drive Loss of Parking Section 4(f) and Section 6(1) environmental co- ordination challenges Concerns about constructing roadway on former landfill due to unknown geotechnical conditions Alignment C is approximately $7-MILLION more expensive and has significant, but unavoidable impacts. ALTERNATIVE F PROS CONS No impact to Mount Trashmore Park (avoidance Twenty-four (24) townhomes displaced in alternative for Section 4(f) and Section 6(f) Columbus Station development impacts) Has 'half the impact to exiting businesses as No potential to add ramps to 1-264 alternatives Redevelopment potential for area south of 1-264 More roadway frontage for development along Bonney Road January II. 2005 -5 - CITY MANAGER 'S BRIEFING VDOT INTERCHANGE DESIGN OPTIONS- INDEPENDENCE BOULEVARD and 1-264 JOINT ITEM#53428(Continued) }l r' - , • q- .pet I, ,.. .,. .--,..-1....../.,;7t-T — --ii—___i 4+.,.. ..."1;---' 4 (gt r, *4, '43 J WO. 4.17. • ' • r .._.._•... ti ., EAST ALTERNARVE A � L _ zoo ALTERNATIVE { 1 mt �' q"a '' '' i • Alternative F does not affect Edwin Drive. This alternative would be$3-to $5-MILLION less expensive " *0 � � a ' than Alternative C and $3-to $5-MILLION more "` -; expensive than Alternative A. Brian Curtis - Michael _ ''Y Baker Consultants, advised Alternative A is ., sp...,„ .ti z approximately 2,000 feet from Rosemont and s ' ` Independence. Alternative F is approximately 1,000 p Pp y x,-„ 4 - . feet. •..,-?,ten-.,-- Alternative A would have the least impact on the City View One property (Bonney & Bendix Roads). � . ': d�.4 ; " 4;% Alternative C has a significant impact on the western 4'' • 1.- 4 f: k, �zt� .1 ,; part of the City View One proposed application with �'" �' � ` `P Alternative F having the most impact on the City View --' • s application. The proffers associated with the rezoning ' give the City Council until April 15, 2005, to make a .., determination of an alignment of Constitution Drive f.„ '�' '' and/or Bonney Road and notify the applicant of its need to acquire portions of the subject site. However, the =fr'• . applicant's site plan does not comply to any of the three (3)alternatives. EAST ALTERNATIVE F _ .Ianuary 11. 2005 - 6- CITY MANA GER 'S BRIEFING VDOT INTERCHANGE DESIGN OPTIONS - INDEPENDENCE BOULEVARD and 1-264 JOINT ITEM # 53428 (Continued) Mr. Scott advised of the three (3) alternatives, Alternative C (Resource Bank alternative) can be eliminated. Mr. Scott advised the Planning staff recommended DEFERRAL of the City View One, L.L. C. application until the City Council Session of February 8,2005, to discuss adjustments to the applicant's site plan re the other two (2) alternatives, The staff can also discuss the issue with the other stakeholders, property owners affected, the "umbrella" Central Business District Association and other interested citizens, Mr, Scott advised Alternative A will have some impact on parking relative the office parks (Reflections). Relative the geography of the City which is basically a "box ", the four (4) sides are defined by 1-264, Great Neck, Shore Drive and Independence, Inside this "box" are the majority of the City's inland waterways. One cannot cross that "box" but must go around the perimeter when moving around the City. Mr. Scott advised the staff will provide a recommendation on February Eighth relative the preferred alternative and its effect on the City View application, The question in conjunction with the approval of the CityView application will be: "Can We Decide On a Corridor to Protect?" The three (3) alternatives on the west side of the Interchange will be discussed within the very near future and there are development issues also connected with these alternatives. During this presentation, the staff shall also display a concept of the redesign of Witchduck Road when it crosses under 1-264. January 11,2005 - 7 - CITY COUNCIL COMMENTS 3: 15 P.M. ITEM # 53429 Mayor Oberndorf advised a very prominent lady, the City Clerk, Ruth Hodges Smith, will be celebrating her Birthday, January 15, 2005. The Mayor and City Council wished Ruth a very Happy Birthday. ITEM # 53430 Councilman Schmidt advised the Polar Plunge XIII will be Saturday, February 5,2005. The Polar Plunge will benefit SPECIAL OLYMPICS. Council Members Schmidt and Reeve will participate and urged all Council Members to attend. Mayor Oberndorf and Councilman Diezel will attend. Last year, over $350,000 was raised for Special Olympics Virginia. ITEM # 53431 Councilman Maddox and Reeve referenced today's Virginian-Pilot article, January 11, 2005, concerning the lifeguard and the splitting of the Beach Rental contracts. The City Council has not been briefed on the perimeters of the Contract. The 31st Street project appears to be offered a higher level of service than the other hoteliers. Councilman Reeve inquired if pre-qualification statements were made prior to the submittal of the Bid re financial qualifications and proper staff implementation. Any other hotel which may wish to upgrade services to their clients should have the same opportunity as the 3rt Street Hotel. The City Manager advised information shall be provided in City Council's Agenda package on Friday, January 14, 2005, re the specifications and process concerning the contracts. Contrary to the newspaper article, there has not been a determination re responsive bidders. The City Manager advised there was not a modification made after the bids went out. It is part of the bid package. There are provisions for other hoteliers who wish a similar type of premium service if they desire same at a future time. The Marriott, as well as others, has been expressing a desire. The concept was to create a bidding climate and process in the bids so that upgraded service could be provided at no additional cost to the City. The City Attorney advised he does not oversee the bidding; however, legal advice is provided. City Council was briefed on the Thirty-first Street exception, The City Manager advised a Briefing shall be provided re Beach Rental Services Contract during the City Council Workshop of January 18, 2005. ITEM # 53432 Mayor Oberndorf referenced a telephone call from a lady residing in Lamplight Manor for approximately thirty-eight (38) years. Mayor Oberndorf has also received numerous e-mails. The Web Site of one of the Television Stations (WA VY TV 10 "On Your Side") identified the Joint Land Use Task Force's twenty-four (24) specific points, the "heart and soul" of the Joint Land Use Study. WAVY further reported the neighborhoods of Nottingham Estates, Oceana Gardens Lamplight Manor and Cheltenham Square are considered Accident Potential Zones and a Bill giving the City authority to force residents of these areas to sell their homes will be submitted to the Virginia General Assembly next week. This information was placed in the doorways of each of the homeowners of Lamplight Manor. A copy of WA VY TV 10's Web Page relative the APZs was distributed to City Council and is hereby made a part of the record. Mayor OberndOfj' and Tom Pauls, Comprehensive Planner, advised a reporter from Channel 10, the twenty-four (24) specific points of JLUS were just recommendations and had not been adopted. Mayor Oberndorf requested a response explanation be provided on VBTV. January 11, 2005 - 8 - CITY COUNCIL COMMENTS ITEM # 53432 (Continued) Council Lady McClanan referenced many calls of concern and advised many of these residents are older with health problems. The residents do not understand why their property is more inclined to purchase then the adjacent Lynnhaven Mall. Council Members Reeve and Maddox also advised of citizen concerns. Councilman Reeve advised WA VY 10 has not attended any of the JLUS meetings. Councilman Reeve requested Robert Matthias, Assistant to the City Manager, advise who is sponsoring the Bill to the General Assembly and determine when this item is proposed for discussion. Senator Ken Stolle is sponsoring the Bill to the Senate. The citizens could also go to Richmond and be part of this process. Councilman Maddox suggested prior to the Public Hearing re Joint Land Use Plan on January 18, 2005, there be a Briefing by City Staff explaining the facts re the Joint Land Use Plan. The intent of condemning homes is expected to involve many years. Councilman Maddox suggested an explanation in the Beacon be provided prior to the Public Hearing. The City Manager advised if the Joint Land Use Plan containing the recommendations is adopted, then it would involve potentially years and many sessions of the General Assembly before the issue of taking homes could even be considered. The thought was that some City Council in the future may have to make the tough decision to condemn property in the closer Accident Potential Zones in order to preserve the operation of Oceana. This recommendation was specifically conditioned on a partnership between the State, Federal Government and the locality to provide funding. The Navy currently has the ability to condemn property. January II, 2005 - 9 - AGE N DA REV I E W S E S S ION 3:45 P.M. ITEM # 53433 J.1. Ordinance to AMEND Chapters /-2, 6-3, 6-5, 6-30, 6-114 and 3/-28 of the City Code re the definition of "resort season". (Deferred January 4,2005) Councilman Maddox requested this item be DEFERRED until the City Council Session of February 8, 2005. Issues relative to the "dog beach" and where can individuals walk their pets. Councilman Maddox wishes to explore other possibilities re designated areas for pets. Council Lady Wilson expressed concern re the citizens who live adjacent to the Boardwalk and cannot walk their pets on there. The City Attorney advised the laws must be uniform. Pets have not been allowed on the Boardwalk for many years. Mayor Oberndoif advised there are "dog parks" at Redwing and the Water Tower off Laskin Road. Councilman Diezel also referenced the "dog park" at Providence. This item shall be DEFERRED BY CONSENT, until the City Council Session of February 8, 2005. ITEM # 53434 J.2. Ordinance to AMEND the City Code by ADDING *5-19 re adequate space and time restrictions for tethering animals. Councilman Schmidt advised the intent was tethering dogs. The ordinance shall be AMENDED. Ordinance to AMEND the City Code by adding *5-19 re adequate space and time restrictions for tethering unifftul" dogs Steve Snyder, Animal Control Supervisor, advised the department must prove the dog has been tied up for three (3) hours; and Animal Control does not have the manpower to stake out an individual's yard for three (3) hours. However, this law can be utilized as a tool for enforcing cruelty to animals, educating the public as well as a follow up to "dogfighting" cases i.e many pit bulls tied up in the yards. A State Code exists under Article II of the Animal Welfare Act which covers adequate food, water, shelter, space and exercise. January II, 2005 - 10- AGENDA REVIEW SESSION ITEM # 53435 K.1. Application of S & W SIMPSON, L.L. C. for MODIFICATION of a Nonconforminf! Use and Structure from a restaurant to an automobile and farm equipment parts store at 1608 Princess Anne Road. (DISTRICT 7 - PRINCESS ANNE) Councilman Reeve advised Natasha 's Bistro currently occupies the site and is no longer in business, The applicant wishes to convert the existing use of the site from a restaurant to an automobile and farm equipment parts store (NAPA). The applicant proposes to demolish the existing structure and construct a new building with a parking area. This is the second location to which the Simpson's have tried to relocate their NAPA's auto parts store. ITEM # 53436 K.3. Applications of CITYVIEW ONE, LLC at Bonney and Bendix Roads. (DISTRICT 5 -LYNNHAVEN): Deferred December 14,2004 a. Change of Zoning from 0-2 Office District to Conditional B-4C Central Business Mixed Use District b. Conditional Use Permit re Multi-Family dwellings, Grocery Stores, Carry-Out Food Stores and Convenience Stores This item will be DEFERRED, BY CONSENT, until the City Council Session of February 8, 2005, ITEM # 53437 K.4. Application of MIRACLE TEMPLE WORSHIP CENTER, INC. for a Conditional Use Permit re a church at 3900 Bonney Road. (DISTRICT 5 - LYNNHA VEN) Council Lady McClanan will vote a VERBALNA Yon this item. Council Lady McClanan suggested the staff might wish to review Church schools as being part of the Conditional Use Permits for churches. This is becoming a serious issue. Councilman Diezel concurred and advised he believes when growth occurs in a church, it needs to be measured because of the recent incidence when a church increasedfrom 300 to 900 members. ITEM # 53438 K.7, Application of MARY SPADY for a Change of Zoning from R -10 Residential District to Conditional 0-1 Office District at 844 Kempsville Road. (DISTRICT 2 - KEMPSVILLE) (Deferred November 23,2004) Councilman Diezel referenced Attorney Bourdon's correspondence of January 10, 2005, requesting WITHDRAWAL. Deputy City Attorney Macali advised if the application is WITHDRAWN, it could be brought forward again within one (1) year, but would have to go through the Planning Commission, a posted sign, mailed notices to adjacent property owners and a Public Hearing advertisement. January 11, 2005 - 11 - AGENDA REVIEWSESSION ITEM # 53439 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K,1. Application of S & W SIMPSON, L.L.C.for MODIFICATION of a Nonconforming Use and Structure from a restaurant to an automobile and farm equipment parts store at 1608 Princess Anne Road. (DISTRICT 7 - PRINCESS ANNE) K,2. Application of CHARLES BARKER TOYOTAfor MODIFICATION of Conditions re a Conditional Use Permit, (approved by City Council July 1966 and September 2002) to enlarge the body shop and add two car wash bays at 1877 Laskin Road. (DISTRICT 6 - BEACH) K,3, Applications of CITYVIEW ONE, LLC at Bonney and Bendix Roads. (DISTRICT 5 - LYNNHA VEN): Deferred December 14, 2004 a. Change of Zoning from 0-2 Office District to Conditional B-4C Central Business Mixed Use District b. Conditional Use Permit re Multi-Family dwellings, Grocery Stores, Carry-Out Food Stores and Convenience Stores K,4. Application of MIRACLE TEMPLE WORSHIP CENTER, INC. for a Conditional Use Permit re a church at 3900 Bonney Road. (DISTRICT 5 - LYNNHA VEN) K,5. Application of NEWTOWN SQUARE ASSOCIATES, L.L.C. for a Conditional Use Permit e mini-warehouses at 544 Newtown Road (DISTRICT 2 - KEMPSVILLE) K, 6. Application of A UDREY and RONALD BELLEN for a Conditional Use Permit re boarding horses at 3728 Bridle Path Lane. (DISTRICT 7 - PRINCESS ANNE) K,7. Application of MARY SPADY for a Chanfle of Zoning from R-10 Residential District to Conditional 0-1 Office District at 844 Kempsville Road. (DISTRICT 2 - KEMPSVILLE) (Deferred November 23, 2004) K,8. Application of THE RUNNYMEDE CORPORATION for a Chanfle ofZoningfrom R -7.5 Residential to Conditional B-2 at 242,246,250 and 254 Clearfield Avenue. (DISTRICT 2 - KEMPSVILLE) January 11, 2005 - 12 - AGENDA REVIEW SESSION ITEM # 53439 (Continued) K9. Application of BRUCE D. O'LEARY for a Chanf!e of Zoninf! from R-IO Residential to Conditional B-2 at Indian River and Cammon Roads. (DISTRICT 1 - CENTERVILLE) KlO Application of ATLANTIC BUILDERS, L.L.c. fora Chanf!e of Zoninf! from AG-l and AG-2 Agricultural to Conditional I-I Industrial at Shipps Corner Road and London Bridge Road Extended. (DISTRICT 6 - BEACH) Item K.3. will be DEFERRED, BY CONSENT, until the City Council Session of February 8, 2005. Council Lady McClanan will vote a VERBAL NAY on Item K.4. Item K 7 will be WITHDRA WN, BY CONSENT. January 11, 2005 -13 - ITEM # 53440 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Bikeways and Trails Advisory Committee Board of Building Code Appeals - Maintenance Division - New Construction Division Community Policy and Management Team - CSA At Risk Francis Land House Board of Governors Health Services Advisory Board Historical Review Board Investment Partnership Advisory Committee Minority Business Council Parks and Recreation Commission Towing Advisory Board PROSPECTIVE BUSINESS OR INDUSTRY: Discussion concerning a prospective business or industry where no previous announcement has been made of the business' or industry's interest in locating in the community pursuant to Section 2.2- 3711(A)(5). PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, the disposition of publicly- held property, plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of Property: Lynnhaven District LEGAL MA TTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). Pasquatank Action Council City of Virginia Beach v. Richardson Bell Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION (4:05 P.M.). January 11, 2005 -14 - ITEM # 53440 (Continued) Voting: 8-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox, Jim Reeve and Ron A. Villanueva Councilman Villanueva Entered Closed Session: 4:08 P.M. (Returningfrom Richmond) (Recess: 4:08 P.M. - 4:20 P.M.) (Closed Session: 4:20 P.M. - 5:48 P.M.) (Dinner: 5:48 P.M. - 6:00 P.M.) January 11,2005 -15 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 11, 2005 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 11, 2005, at 6:02 PM, Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend J. Scottie Griffin, DDS Pastor, Lynnhaven Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions, However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and ofwhich she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has qn interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. January 11, 2005 - 16- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 53441 Upon motion by Councilman Reeve, seconded by Councilman Diezel, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as' were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None January 11,2005 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 53440, page 13, and in accordance with the provisions of The Virginia Freedom ofInformation Act; and, WHEREAS: Section 2.2-3711 (A) ofthe 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. ~~ City Clerk - January 11,2005 - 17 - Item V-F.l. MINUTES ITEM #53442 Upon motion by Councilman Dyer, seconded by Councilman Reeve, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of January 4, 2005. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Ron A. Villanueva and Rosemary Wilson Council Members Absent: None Councilman Villanueva ABSTAINED as he was not in attendance during the City Council Session of January 4,2005, as he was attending his employee'sfuneral. Council Lady Wilson ABSTAINED as he was not in attendance during the City Council Session of January 4, 2005, and was out of town on business. January 11, 2005 - 18 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 53443 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 11, 2005 - 19- Item V-G.1 MAYOR'S PRESENTATION ITEM # 53444 Mayor Oberndorf advised there was an extra weekend for the Holiday Lights on the Boardwalk, to raise funds for the Tsunami Relief The total proceeds realized from $10.00 per car (although many contributed much more) on Friday, January 7, 2005 and Saturday January 8, 2005, will be donated to the American Red Cross for this relief The program is entitled "Keeping the Lights on for Tsunami Relief". On Friday night, there were 1037 cars and 1300 on Saturday Night. The total contributions were $37,966.70. The participants involved: Holiday Lights at the Beach, Armada Hoffler Tower at Town Center and the Virginia Beach Visitor Center. Additional funds were donated by the Virginia Beach Restaurant Association and the Virginia Beach Hotel and Motel Association for a total contribution of $47,966.70 Mayor Oberndorf PRESENTED CERTIFICATES OF APPRECIATION to: AMERICAN RED CROSS OF SOUTHEASTERN VIRGINIA Joey Rothgery BEACHEVENTS Bobby Melatti VIRGINIA BEACH CONVENTION & VISITORS BUREAU RESORT MANAGEMENT OFFICE Mike Eason VIRGINIA BEACH HOTEL-MOTEL ASSOCIATION Nancy Perry VIRGINIA BEACH RESTAURANT ASSOCIATION Mike Standing, Jr. Certificates have also been issued for three (3) agencies helping to get the word to local media, but who could not attend: BCF Advertising, Public Relations & Promotions; Brickell & Partners; and, the City's Media and Communications Group. January 11,2005 - 20- Item V-J.l. ORDINANCES ITEM # 53445 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED until the City Council Session of February 8, 2005: Ordinance to AMEND Chapters 1-2,6-3,6-5,6-30,6-114 and 31-28 of the City Code re the definition of "resort season". (Deferred January 4,2005) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. OberndorJ, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None January 11, 2005 - 21 - Item V-J.2. ORDINANCES ITEM # 53446 The following registered in SUPPORT: Daphna Nachmindvitch, represented PETA, 501 Front Street, Phone: 943-7440 Sharon Adams, Virginia Beach SPCA, 303 52ND Street, Phone: 422-0250 Upon motion by Councilman Schmidt, seconded by Councilman Reeve, City Council ADOPTED, AS MODIFIED: Ordinance to AMEND the City Code by adding 95-19 re adequate space and time restrictions for tethering animals do~s Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None January 11, 2005 AN ORDINANCE TO AMEND THE CITY CODE BY ESTABLISHING MINIMUM REQUIREMENTS FOR ADEQUATE SPACE FOR ANIMALS AND LIMITING THE TIME THAT DOGS MAY BE TETHERED SECTION ADDED: ~ 5-19 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 5-19 of the City Code is hereby added, to read as follows: Sec. 5-19. Adequate Space for Animals; Time Restriction on Tethering Dogs. M It shall be unlawful to fail to provide any animal with adequate space. "Adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. ill When a dog is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the dog. The tether must be attached to the dog by a properly applied collar, halter, or harness configured so as to protect the dog from injury and prevent the dog or tether from becoming entangled with other obj ects or dogs, or from extending over an obj ect or edge that could result in the strangulation or inj ury of the dog. Furthermore, the tether must be at least three times the length of the dog, as measured from the tip of its nose to the base of its tail, except when the dog is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the dog, temporarily and appropriately restricting movement of the dog according to professionally accepted standards is considered to be provision of adequate space. J.s:L It shall be unlawful for any dog to be tethered for more than three (3) hours , cumulatively, in any twenty- four-hour period. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11th day of January, 2005. 2 - 22- Item V-K. PLANNING ITEM # 53447 1. S & W SIMPSON, L.L.C. MODIFICATION OF A NONCONFORMING USE AND STRUCTURE 2. CHARLES BARKER TOYOTA MODIFICATION OF CONDITION 3. CITYVIEW ONE, LLC CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 4. MIRACLE TEMPLE WORSHIP CENTER, INC. CONDITIONAL USE PERMIT 5. NEWTOWN SQUARE ASSOCIATES, L.L.C. CONDITIONAL USE PERMIT 6. AUDREY AND RONALD BELLEN CONDITIONAL USE PERMIT 7. MARY SPADY CONDITIONAL CHANGE OF ZONING 8. THE RUNNYMEDE CORPORATION CONDITIONAL CHANGE OF ZONING 9. BRUCE D. O'LEARY CONDITIONAL CHANGE OF ZONING 10. ATLANTIC BUILDERS, L.L.C. CONDITIONAL CHANGE OF ZONING January 11,2005 - 23- Item V-K. PLANNING ITEM # 53448 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED IN ONE MOTION Items 1, 2, 3 (DEFERRED), 4, 5,6, 7 (ALLOWED WITHDRAWAL), 8, 9 and 10 of the PLANNING BY CONSENT AGENDA. Item K.3 (CITY VIEW ONE, LLC) was DEFERRED, BY CONSENT, until the City Council Session of February 8,2005. Item K. 7 (MARY SPADY) was WITHDRAWN, BY CONSENT. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan voted a VERBAL NAY on Item K.4. (Miracle Temple Worship Center, Inc.) Councilman Wood DISCLOSED Pursuant to Conflict of Interests Act ~ 2.2-3115 (H) re Item K. 3. (City View One, LLC). Councilman Wood advised Wall, Einhorn & Chernitzer, P.c. has provided, or will provide, services with respect to the requested property use. Councilman Wood has a personal interest in the transaction because his wife is an accountant with the firm, although, she does not personally provide services to City View One, L.L. C. The City Attorney has advised he is able to participate in the discussion and vote fairly, objectively and in the public interest. Councilman Wood's letter of December 7, 2004, is hereby made a part of the record. January 11, 2005 - 24 - Item V-K.1. PLANNING ITEM # 53449 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council upon application of S & W SIMPSON, L.L.C. MODIFIED the Nonconforming Use and Structure from a restaurant to an automobile and farm equipment parts store: Resolution upon Application of S & W Simpson, L.L. C. for the Modification of a Nonconformin!! Use and Structure on property located at 1608 Princess Anne Road (GPINS 24029547340000; 24029536600000). DISTRICT 7 - PRINCESS ANNE. The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted preliminary site plan entitled "NAPA STORE, 1608 PRINCESS ANNE ROAD, PRELIMINARY SITE PLAN", prepared by The Spectra Group, dated October 10, 2004. Said plan has been exhibited to the Virginia Beach City Council and is onfile in the Virginia Beach Planning Department. 2. The proposed building shall be constructed substantially in accordance with the submitted elevation entitled "NAPA AUTO PARTS, PRINCESS ANNE ROAD, VIRGINIA BEACH, VIRGINIA," prepared by Architectural Studio, PLLC, dated October 19, 2004. Said plan has been exhibited to the Virginia Beach City Council and is onfile in the Virginia Beach Planning Department. 3. The applicant shall submit a lighting and/or a photometric diagram plan for review by City staff. The lighting plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting on the rear and sides of the building shall have appropriate shielding to direct light downward and not into adjacent areas. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. 4. The applicant shall install Category IV screening along the northern, eastern and southern property lines 5. The hours of operation shall be Monday through Friday, 7:30 AM to 6:00 PM, Saturday, 7:30 AM to 4:00 PM, and Sunday, 9:00 AM to 2:00 PM. January 11, 2005 Item V-K.J. PLANNING Voting: - 25- ITEM # 53449 (Continued) 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None January 11, 2005 1 2 3 4 5 6 A RESOLUTION AUTHORIZING THE CONVERSION OF A NONCONFORMING USE AND STRUCTURE ON PROPERTY LOCATED AT 1608 PRINCESS ANNE ROAD, IN THE PRINCESS ANNE DISTRICT WHEREAS, S & W Simpson, L.L.C. (hereinafter the 7 uApplicant"), has made application to the City Council for 8 authorization to convert a nonconforming use from a restaurant, 9 to an automobile and farm equipment parts store, situated on a 10 certain lot or parcel of land having the address of 1608 11 Princess Anne Road, in the AG-2 Agricultural Zoning District; 12 and 13 WHEREAS, both uses, the restaurant and the automobile and 14 farm equipment parts store, are not permitted uses in the AG-2 15 Agricultural Zoning District, but the restaurant already exists 16 on the parcel and is a nonconforming use. The Applicant intends 17 to demolish the existing structure and build another structure 18 on the parcel to house the automobile and farm equipment parts 19 store; and 20 WHEREAS, pursuant to Section 105 of the City Zoning 21 Ordinance, the conversion of a nonconforming use is unlawful in 22 the absence of a resolution of the City Council authorizing such 23 action upon a finding that the proposed use, as converted, will 24 be equally appropriate or more appropriate to the zoning 25 district than is the existing use; I 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed use, as converted, will be equally appropriate to the district as is the existing use. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed conversion of the Applicant's use of the parcel is hereby authorized, upon the following conditions: The site shall be developed substantially 1. in accordance with the submitted preliminary site plan entitled "NAPA STORE, 1608 PRINCESS ANNE ROAD, PRELIMINARY SITE PLAN", prepared by The Spectra Group, dated 10/04/04. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. The proposed building 2. shall be constructed substantially in accordance with the submitted elevation entitled "NAPA AUTO PARTS, PRINCESS ANNE ROAD, VA. BEACH, VA," prepared by Architectural Studio, PLLC, dated Oct. 19, 2004. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2 48 3 . The applicant shall submit a lighting and / or a 49 photometric diagram plan for review by City staff. The lighting 50 plan shall include the location of all pole mounted and building 51 mounted lighting fixtures, and the listing of lamp type, 52 wattage, and type of fixture. Lighting on the rear and sides of 53 the building shall have appropriate shielding to direct light 54 downward and not into adjacent areas. All lighting on the site 55 shall be consistent with those standards recommended by the 56 Illumination Engineering Society of North America. 57 4. The applicant shall install Category IV screening 58 along the northern, eastern and southern property lines. 59 5. The hours of operation shall be Monday through Friday, 60 7:30 AM to 6:00 PM, Saturday, 7:30 AM to 4:00 Pm, and Sunday, 61 9:00 AM to 2:00 PM. 62 Adopted by the Council of the City of Virginia Beach on the 63 11th jay of January, 2005. 64 65 66 67 68 69 70 71 72 73 74 75 76 77 CA-9472 OID\Ordres\nonconforming-simpson.doc R-l December 27, 2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0), Site Location Map K-lS Ma Not to Scale l::::l 008 AG-2 G-I ooe AG-2 AG-2 - 26 - Item V-K.2. PLANNING ITEM # 53450 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council, upon application of CHARLES BARKER TOYOTA MODIFIED a Conditional Use Permit (approved by City Council July 1966 and September 2002) to enlarge the body shop and add two car wash bays: ORDINANCE UPON APPLICATION OF CHARLES BARKER TOYOTA FOR A MODIFICATION TO A CONDITIONAL USE PERMIT FOR AUTOMOBILE REPAIR AND CAR WASH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Charles Barker Toyota for a Modification to a Conditional Use Permit for automobile repair and car wash on property located at 1877 Laskin Road (GP1N 24075726320000). DISTRICT 6 - BEACH The following conditions shall be required: 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on September 10, 2002, shall remain in affect. 2. Condition Number I of the September 10,2002, Conditional Use Permit is deleted and replaced with the following: All improvements shall be in substantial conformance to the exhibit entitled "Expansion Plan of Charles Barker Toyota, 1877 Laskin Road, Virginia Beach, Virginia, " prepared by MSA, P. C, dated September 30, 2004, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of January Two Thousand Five Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January J J, 2005 - 27- Item V-K.3. PLANNING ITEM # 53451 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED until the City Council Session of February 8, 2005, Ordinances upon application of CITYVIEW ONE, LLC, for a Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF CITYVIEW ONE, L. L. C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 TO CONDITIONAL B-4C Ordinance upon Application of City View One, L. L. C. for a Chanf!e of Zoninf! District Classification from 0-2 Office District to Conditional B-4C Central Business Mixed Use District on property located on the north side of Bonney Road at its intersection with Bendix Road (GPINs 14776246910000; 14776232950000; 14776213460000; 14777205660000; 14777216650000; 14777226990000; 14777247440000; 14777218100000; 14777310240000; 14777302760000; 14777249650000). DISTRICT 5 -LYNNHAVEN ORDINANCE UPON APPLICATION OF CITYVIEW ONE, L.L.c. FOR A CONDITIONAL USE PERMIT FOR MULTI-FAMILY DWELLINGS, GROCERY STORES, CARRY-OUT FOOD STORES AND CONVENIENCE STORES Ordinance upon Application of City View One, L.L. C. for a Conditional Use Permit for multi-family dwellings, grocery stores, carry-out food stores and convenience stores ,whether or not freestanding, but in a structure of a gross floor area of not less than five thousand (5,000) square feet on property located on the north side of Bonney Road at its intersection with Bendix Road (GPINs 14776246910000; 14776232950000; 14776213460000; 14777205660000; 14777216650000; 14777226990000; 14777247440000; 14777218100000; 14777310240000; 14777302760000; 14777249650000). DISTRICT 5 -LYNNHAVEN January 11, 2005 - 28- Item V-K.3. PLANNING ITEM # 53451 Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Councilman Wood DISCLOSED Pursuant to Conflict of Interests Act S 2.2-3115 (H) re Item K. 3. (City View One, LLC). Councilman Wood advised Wall, Einhorn & Chernitzer, P. C. has provided, or will provide, services with respect to the requested property use. Councilman Wood has a personal interest in the transaction because his wife is an accountant with the firm, although, she does not personally provide services to City View One, L.L. C. The City Attorney has advised he is able to participate in the discussion and vote fairly, objectively and in the public interest. Councilman Wood's letter of December 7, 2004, is hereby made a part of the record. January 11,2005 - 29- Item V-K.4. PLANNING ITEM # 53452 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of MIRACLE TEMPLE WORSHIP CENTER, INC. for a Conditional Use Permit for a church: ORDINANCE UPON APPLICATION OF MIRACLE TEMPLE WORSHIP CENTER, INe. FOR A CONDITIONAL US PERMIT FOR A CHURCH R010531216 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Miracle Temple Worship Center, Inc. for a Conditional Us Permit for a church on property located at 3900 Bonney Road (GPIN 14872349760000). DISTRICT 5 - LYNNHA VEN The following conditions shall be required: 1. Church gatherings shall be limited to Sundays between 8:00 AM and 2:00 PM and Tuesday evenings between 6:00 PM and 9:00 PM. 2. No more than 170 people shall be present at the church during any gathering. 3. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department prior to occupancy. 4. All necessary inspections and approvals shall be obtained from the Fire Department before occupancy of the building. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of January Two Thousand Five Voting: 10-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None January 11,2005 - 30- Item V-K.5. PLANNING ITEM # 53453 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of NEWTOWN SQUARE ASSOCIATES, L.L.C.for a Conditional Use Permitfor mini- warehouses: ORDINANCE UPON APPLICATION OF NEWTOWN SQUARE ASSOCIATES, L.L.c. FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES R010531217 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Newt own Square Associates, L.L. C. for a Conditional Use Permit for mini-warehouses on property located at 544 Newtown Road (GPIN 14683033400000 - part oj). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. The property shall be redeveloped, in terms of both site layout and landscaping, as depicted on the conceptual plan entitled, "Newtown Square Associates Self Storage, "prepared by M & M Architects, dated September 1, 2004, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. When the proposed buildings are constructed, they shall be in substantial conformance with the elevations entitled, "Newtown Square Associates Self Storage Elevations 1,2, and 3, "prepared by Martin & Martin Architects, dated November 16, 2004, which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. All exterior lighting shall be low intensity and residential in character. According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lightingfixtures shall not be erected any higher than 14 feet. 4. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. 5. The storage units shall be used only for storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. January 11, 2005 - 31 - Item V-K.5. PLANNING ITEM # 53453 (Continued) 6. There shall be no exterior (outside) storage of any kind on the property, including, but not limited to, recreational vehicles, motorcycles, boats, rental trucks and vehicles of any type. 7. The eastern fa9ade of the shopping center beyond Phase lor Phase IL shall be painted with a color complimentary to the color palette depicted on the elevations identified in Condition # 2 above. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of January Two Thousand Five Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 11,2005 - 32- Item V-K. 6. PLANNING ITEM # 53454 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of AUDREY and RONALD BELLAN for a Conditional Use Permit for boarding of horses: ORDINANCE UPON APPLICATION OF AUDREY AND RONALD BELLAN FOR A CONDITIONAL USE PERMIT OR BOARDING OF HORSES ROlO531218 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Audrey and Ronald Bellan for a Conditional Use Permit or boarding of horses on property located at 3728 Bridle Path Lane (GPIN 14839219960000). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. No more than 14 horses shall be kept on the property at any time. 2. The applicant shall consult with the City of Virginia Beach Department of Agriculture regarding programs that may be of benefit to horse boarding operations through the Natural Resources Conservation Service, Virginia Dare Soil and Water Conservation District, and the Agricultural Stewardship Act. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of January Two Thousand Five Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 11,2005 - 33 - Item V-K.7. PLANNING ITEM # 53455 Correspondence of Attorney R. Edward Bourdon, dated January 10, 2005, requesting WITHDRA WAL of the application is hereby made a part of the record Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ALLOWED WITHDRA W AL of an Ordinance upon application of MARY SP AD Y for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF MARY SPADY FOR A CHANGE OF ZONING DISTRICTCLASSIFICA TION FROM R-IOTO CONDITIONAL 0-1 Ordinance upon Application of Mary Spady for a Cham!e of Zoninf! District Classification from R-I 0 Residential District to Conditional 0- 1 Office District on property located at 844 Kempsville Road (GPIN 14666453560000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. DISTRICT 2 - KEMPSVILLE Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January J J, 2005 - 34- Item V-K.8. PLANNING ITEM # 53456 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of THE RUNNYMEDE CORPORATION for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF THE RUNNYMEDE CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7.5 TO CONDITIONAL B-2 Z01051209 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of The Runnymede Corporation for a Chanf!e of Zonin~ District Classification from R-7.5 Residential District to Conditional B-2 Community Business District on property located at 242, 246, 250 and 254 Clearfield Avenue (GPINS 14676518570000; 14676518400000; 14676519250000; 14676620410000). DISTRICT 2 - KEMPSVILLE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of January Two Thousand Five Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 11,2005 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF -6048 DATE: December 14,2004 TO: Leslie L. Lilley William M. Macali w.. DEPT: City Attorney FROM: DEPT: City Attorney RE: Conditional Zoning Application The Runnymede Corporation The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 11, 2005. I have reviewed the subject proffer agreement, dated November 16, 2004, 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. WMM/nlb Enclosure cc: Kathleen Hassen This Document Prepared by: Fine, Fine, Legum & McCracken, LLP. THIS AGREEMENT made this 16th day of November, 2004, by and between THE RUNNYMEDE CORPORATION, property Owner/Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. W!TNE~~E TH: WHEREAS, Property Owner is the owner of a certain parcels of property located in the Kempsville District of the City of Virginia Beach, more particularly described as follows: Subdivision of Clear Acres, Lots 242, 246, 250 and 254, a total area of 1.4 ac. said property hereinafter referred to as the "Property"; more specifically described as follows: The subdivision of Clear Acres, lots 242, GPIN 1467 65 1857; 246, GPIN 1467 65 1840; 250, 146765 1925, and 254, GPIN: 1467662041. WHEREAS, the Grantor initiated a conditional amendment to the zoning map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to Conditional B-2; 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 different 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 ofthe Property for the protection of the community that are not generally applicable to land GPIN/ACCT # 1467651857,146765 1840, 1467651925,1467662041. similarly zoned are needed to resolve the situation to which the Grantors' 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. NOW, THEREFORE, the Grantor, their successors, personal representatives, assigns, Grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, Grantees, and other successors in interest or title. The project shall be developed substantially as the adjacent office park known as TRC Center, buildings TRC Center I, II, and III. 1. The lots shall be subdivided to create one parcel. 2. The lot so created shall be connected to the adjacent office park known as TRC Center by driveways and the creation of cross access easements to promote traffic flow. 3. The exterior design, material, and colors of the new building or buildings shall adhere to the elevations and design of the adjacent office park. GPIN/ACCT# 1467651857,1467651840,1467651925, 1467662041. 4. 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 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 such 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 ofthe 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 GPIN/ACCT# 1467651857, ]467651840, 1467651925, 1467662041. (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 public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. WITNESS the following signatures and seals: GRANTOR: THE RUNNYMEDE CORPORATION ~Pea/~~~ Andrew S. Fine 0'YJ(}/'1~ Michael J. Barrett " ST ATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: !, --.$1/.1- >'I'~ ~ ,a Notary Public in and for the City and State aforesaid, do herebY.<t.ertify that drew S. Fine, whose name is signed to the foregoing instrument dated the I J't!I of )b)\l~ 2004, did personally appear before me in my City and State aforesaid and acknowledge the same to me. GIVEN under my hand and seal this 15th day of November, 2002. '1J1DA/~ t~ ~mMJ Notary Public My commission expires: 513/ !dD'O~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, ~tiM ,A~t1(l ~n , a Notary Public in and for the City and State aforesaid, do herebx certify that Michael J. Barrett whose name is signed to the foregoing instrument dated the ~day of ~ 2004 did personally appear before me in my City and State aforesaid and acknowledge the same to me. . .' GIVEN under my hand and seal this , yti- day of ~ 2004. -rU~"~ 7f~ ~ Notary Public My commission expires: 51311i)COS- - 35 - Item V-.K.9. PLANNING ITEM # 53457 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of BRUCE D. O'LEARY for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF BRUCE D. 0 'LEARY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-1 0 TO CONDITIONAL B-2 Z01051210 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Bruce D. 0 'Leary for a Change of Zoning District Classification from R-1O Residential District to Conditional B-2 Community Business District on property located on the south side of Indian River Road at its intersection with Gammon Road (GPINS 14563368030000; 14563369560000). DISTRICT 1 - CENTERVILLE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of January Two Thousand Five Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None January 11,2005 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5999 DATE: December 14, 2004 TO: Leslie L. Lilley DEPT: City Attorney FROM: William M. Macali \N\ RE: Conditional Zoning Application Bruce D. O'Leary DEPT: City Attorney The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 11, 2005. I have reviewed the subject proffer agreement, dated August 30, 2004, 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. WMM/nlb Enclosure cc: Kathleen Hassen AGREEMENT THIS AGREEMENT, made this ? :)~ay of August, 2004 by and between BRUCE D. O'LEARY (hereinafter referred to as "O'Leary" and to be indexed as Grantor), the contract purchaser of a certain parcel of property located in the City of Virginia Beach, Virginia, containing approximately. 0.4 acres and which property is more fully described on Exhibit A attached hereto (hereinafter the "Property"), THOMAS W. DANA, III (hereinafter referred to as "Dana" and to be indexed as Grantor), the current owner of the Property, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, O'Leary and Dana (hereinafter collectively referred to as "Grantors") have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from R-IO to B-2 Conditional; and WHEREAS, the Grantee's policy is to provide only for the orderly development ofland for v~ous purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change, and the need for various types of uses, certain GPIN: 14563379030000(B-2), 14563356650000, 14563357840000, 14563368030000, 14563369560000 This Document Prepared By: Payne, Gates, Farthing & Radd, P.C. 999 Waterside Drive, Suite 1515 Norfolk, VA 23510 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 cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning map, in addition to the regulations provided for in the existing B-2 Conditional zoning district by the existing overall City Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office ofthe Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner ofthe subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidence by a certified copy of ordinance or resolution adopted by the governing body ofthe Grantee after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these Proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, his heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property will be developed in substantial conformance with the conceptual site plan entitled "Proposed Rezoning for Restaurant," dated July 28, 2004, prepared by Beck Associates, Consulting Engineers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The Property will be developed in substantial conformance with the Rendering entitled "Luigi's Pizza-- Rendering" which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The dumpster enclosure will be wood with brick corner posts that match the materials of the building exterior. 4. Eight-foot high monument style sign with materials to match the building exterior. 5. 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. 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 department to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf ofthe governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing oflegal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by a decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. THE UNDERSIGNED ACKNOWLEDGES THAT HE HAS READ THE FOREGOING AGREEMENT. WITNESS the following signatures and seals: GRANTOR: Lf~ "--~tP~'7 (SEAL) BRUCE D. O'LEARY COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit -J,~ The foregoing instrument was acknowledged before me this 30 day of August, 2004, by Bruce D. O'Leary, personally known to me. Qo~ N6f'ary PublIc My Commission Expires: (] ~ 30 I ~{)i) I( J. 6()~JL GRANTOR: ~~(SEAL) THOMAS W. DANA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ~ The foregoing instrument was acknowledged before me this3D day of August, 2004, by Thomas W. Dana, personally know to me. ~~ N ary Public ;j. tZ~LJL My Commission EXPires:~ ~~ ~\) ~ EXHIBIT A LEGAL DESCRIPTION PARCEL ONE: ALL THOSE certain lots, pieces or parcels ofland, situate, lying and being in the City of Virginia Beach, Virginia and mown, numbered and designated as Parcels "B", "C", "D" and Part of"E" and "F", as shown on that certain plat entitled, "Knob Hill", duly of record in the Clerk's Office ofthe Circuit Court ofthe City of Virginia Beach, Virginia in Map Book 40 at page 15. PARCEL TWO: All that certain piece or parcel of land, with the buildings and improvements, thereon, situate in the City of Virginia Beach, Virginia, numbered according to the present system of street numbering 6217, 6223, and 6225 Indian River Road, containing .442 acres, as shown on physical survey attached to and recorded with the deed to Harold D. Pugh and Ann M. Pugh, husband and wife, from Charles F. Thomson and Naomi J. Thomson, husband and wife dated November 10, 1964 and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed book 874 at page 121 and more particularly bounded and described as follows: BEGINNING at a point in the Southern line of Indian River Road in the center of a ditch dividing this property from the Subdivision mown as KNOB HILL, plat of which is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 40, page 15, said point ofbegiIming being distant Northwardly 16.17 feet from the Northeast comer of Parcel "F", as shown on said plat and from said point of beginning running along the South side of Indian River Road, South 50053'10" East, 136.5 feet to a pin; thence South 39006'50" West 200 feet to a pin; thence North 50053'10" West 56.04 feet to a pin in the center of the ditch first above mentioned; thence along the center of said ditch, North 17010' 18" East, 215.62 feet to the point of beginning. EXCEPTING HOWEVER, from the above described property the property granted to the city of Virginia Beach for road widening (see Deed Book 1467 at page 232 and 233; Deed Book 1468 at page 587; Deed Book 1604 at page 762). IT BEING all that same property conveyed to Thomas W. Dana, ill by Deed from Timothy H. Pugh and Nancy Pugh Franklin dated 11103/97 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3809, Page 1858. - 36- Item V-K.IO. PLANNING ITEM # 53458 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of ATLANTIC BUILDERS, L.L. C. for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF ATLANTIC BUILDERS, L.L. C. FOR CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITIONAL I-I Z01051211 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Atlantic Builders, L.L. C. for Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional I-I Industrial District on property located on the southern side of London Bridge Road, approximately 500 feet east of its intersection with Shipps Corner Road and London Bridge Road Extended (GPIN 14955540760000). DISTRICT 6 - BEACH The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of January Two Thousand Five Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 11,2005 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To OUT File No. DF -6002 DATE: January 3,2005 TO: Leslie L. Lilley William M. Macali ~ DEPT: City Attorney FROM: DEPT: City Attorney RE: Revised Conditional Zoning Application Atlantic Builders, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 11, 2005. I have reviewed the revised subject proffer agreement, dated December 15, 2004, 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. WMM/nlb Enclosure cc: Kathleen Hassen Document Prepared By Troutman Sanders LLP AGREEMENT THIS AGREEMENT (the "Agreement") is made as ofthis 15th day of December, 2004 by and between HELEN S. SAWYER and JULIAN BEVERLEY SAWYER. JR., (collectively, the "Grantor"), the current owner of that certain property located in the 400 Block of Dam Neck Road and London Bridge Road in Virginia Beach, Virginia, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"), ATLANTIC BUILDERS. LLC, a Virginia limited liability company (the "Grantor"), the purchaser of the property, and the CITY OF VIRGINIA BEACH. a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WIT N E SSE T H: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the property from AG-1 to Conditional I-I; and WHEREAS, the Grantee's policy is to provide only for the orderly development ofland for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned 1-1 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing I-I districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the GPIN NO.: 1495-55-4706-0000 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, it's successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro QUO for zoning, rezoning, site plan, building pennit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the area of the Property shown as "Phase f' on the conceptual site plan prepared by NDI Basgier & Associates Division, dated August 3, 2004, and titled "Conceptual Plan for Atlantic Builders, LLC" (the "Conceptual Plan") shall be developed for industrial storage, warehouse, and related office purposes, substantially in accordance with the 2 plan shown on Sheet 1 of 2 of the Conceptual Plan, copies of which are on file with the Planning Department and have been exhibited to the City Council; provided, however, that Grantor shall have the right to reduce the size, number and configuration of the buildings shown on the Conceptual Plan. 2. When constructed, all industrial storage and warehouse buildings located on the area of the Property designated on the Conceptual Plan as "Phase f' shall be constructed using architectural designs in substantial accordance with the renderings titled "Atlantic Builders, LLC Proposed Conceptual Elevations", dated October 18, 2004, which have been submitted to and remain on file with the Planning Department and which have been exhibited to the City Council. 3. When constructed, all exterior building walls facing London Bridge Road or London Bridge Road Extended shall be constructed using either (a) fiber cement panels substantially similar to the sample submitted to the Planning Department with the Grantor's rezoning application and exhibited to the City Council, either in bluestone, neutral or earth-tone colors; (b) split-face block, in neutral or earth-tone colors; or (c) brick, in red, neutral or earth- tone colors. In addition, when constructed, foundation landscaping shall be installed along all exterior building walls facing London Bridge Road or Dam Neck Road. 4. The areas shown on Sheet I of 2 of the Conceptual Plan as "Area to be Preserved 4.6 +/- Acres" and "Area to be Preserved 2.7 +/- Acres" shall not be developed, except as reasonably necessary for the installation of stormwater retention facilities and the installation of landscaping as shown on the Conceptual Plan. 5. When developed, the Grantor shall install landscaping along London Bridge Road Extended and Dam Neck Road in substantial accordance with the landscaping shown on Sheet 2 of 2 of the Conceptual Plan and shall preserve existing, mature trees along those areas, to the extent reasonably possible in light of Grantor's development plans. 6. All buildings and structures located upon the Property shall be set back a minimum distance of fifty feet (50') from the current right-of-way of London Bridge Road Extended. All stormwater retention or treatment facilities located along Dam Neck Road and London Bridge Road Extended shall be set back a minimum distance of thirty-five feet (35') from the current rights-of-way, as shown on Sheet 2 of 2 of the Conceptual Plan. 3 7. No onsite vehicular parking, outdoor storage, loading docks or loading areas shall be permitted between London Bridge Road and any building on any parcel adjacent to London Bridge Road, nor within fifty feet (50') of London Bridge Road Extended. 8. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 9. When the Property is developed, a privacy fence six feet (6') in height shall be installed between the rear of the easternmost building shown on the Conceptual Plan, extending from the front yard setback line along London Bridge Road to the Phase Line shown on the Conceptual Plan. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing oflega1 action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name ofthe Grantor and Grantee. 4 1- IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: f/..I),./)') ,J. ~d-:;~~~, f~- ~ j{. &I~\J~ aJtjh7~2 Helen S. Sawyer ,/' - ~ ~ ' ~ , :,,/ i ) ,,-/iLt- tAU !;(.Jt1A.,tttt~ WUt-yvr- ~ J~l,ian Beverley Sawyer, Jr1 ( (j t/. i/ COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me thisdC~ay of December, 2004, by !lele~ S. ~awye~t\ She is personally known to me or has produced as IdentIficatIOn. 13 -'I (i\os'i 1<. c:.. h et-p p (2.11 l\~ g . <j~LLUU' 1~: k.. otary IC My Commission Expires: 0 9 ~ 30 ~ 0 / COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: j'\- The foregoing instrument was acknowledged before me this~ day of December, 2004, by Julian Beverley Sawyer, Jr.. He is personally known to me or has produced as identification. - ~ I !\ ~ - . nllJLl! A 'S '~( ll.o'.'nk... CjNotary ,P lic My Commission Expires: 09' - 3 0 - OC; 5 GRANTOR: ATLANTIC BUILDERS, LLC, a Virginia limited liability company By: - -7;;F~ - Kevin L. Maume, Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this /7 day of December, 2004, by Kevin L. Maume, in his capacity as Manager of Atlantic Builders, LLC, a Virginia limited liability company. He has produced a Virginia Driver's License as identification. ~~~QQ'c( My commission expires: \ '3 FB~e.U~"l ~ vb270333.2 6 EXHIBIT A LEGAL DESCRIPTION PARCEL ONE: FIRST: ALL OF THAT certain tract, piece or parcel ofland, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in Seaboard Magisterial District, Princess Anne County, Virginia, containing 20.87 acres, more or less, and more particularly bounded and described as follows: BEGINNING at a post, in the intersection of the edge of the Shipps Comer Road, the property of Charles Widgeon and the property hereby conveyed, which point is 4 feet West of a ditch; thence running North 15 degrees 45 minutes East 498.8 feet to a post 4 feet West of a ditch; thence running North 8 degrees 50 minutes East 686.7 feet to a post 4 feet West of a ditch; thence turning and running North 78 degrees 57 minutes West 413.8 feet to an ash, North 76 degrees 55 minutes West 175 feet to a maple, North 77 degrees 20 minutes West 2210.5 feet to an elm, North 89 degrees 15 minutes West 226 feet to a post; thence turning and running South 11 degrees East 26 feet to a beech, South 10 degrees 30 minutes East 143 feet to a beech, South 4 degrees 15 minutes East 171 feet to a gum, South 3 degrees 20 minutes West 239.15 feet to a beech, South 10 degrees 15 minutes West 159 feet to a post in the edge of the right of way of Shipps Corner Road, South 50 degrees 30 minutes East 668 feet to an ash, South 54 degrees 30 minutes East 293 feet to the point of beginning. SECOND: All of that certain tract, piece or parcel of land, near Smith's Bridges, in Princess Anne County, Virginia, adjoining the land of William Whitehurst, Dora Gregory and Robert Shipp, of which John W. Cox and his sister, the wife of John Ewell, died seized and possessed, and containing about eighty (80) acres. PARCEL TWO: ALL THAT certain piece or parcel of land, with the buildings and improvements thereon, situate and lying in Princess Anne Borough, City of Virginia Beach, Virginia, containing Three (3) acres, more ore less, and bounded and described as follows: BEGINNING at a station on the Southern side of Shipps Comer Public Road in the line of the Property formerly belonging to Samuel Whitehurst and running thence southwardly along the Western side of a ditch 210 yards; thence Westerly and parallel to the said public road 70 yards; thence Northerly and parallel to the said ditch 210 yards to the Southern side of said Public Road; and thence Easterly along said Road 70 yards to the point of beginning. LESS AND EXCEPT THE FOLLOWING PROPERTY CONVEYED OUT AS FOLLOWS: 7 LESS AND EXCEPT that Parcel conveyed to the Commonwealth of Virginia for Route 632 recorded in Deed Book 777, Page 476, dated March 7, 1963 and recorded April 23, 1963. LESS AND EXCEPT that Parcel conveyed to the Commonwealth of Virginia for Route 632 recorded in Deed Book 781, Page 20, dated February 25, 1963 and recorded May 14, 1963. LESS AND EXCEPT a 90' x 90' parcel conveyed to HRSD recorded in Deed Book 1391, Page 273. LESS AND EXCEPT a 6.64 acre parcel conveyed to the City of Virginia Beach for Dam Neck Road recorded in Deed Book 2866, Page 131, dated September 15, 1989 and recorded October 27, 1989. LESS AND EXCEPT a 2.07 acre parcel conveyed to the City of Virginia Beach for London Bridge Road Extended recorded in Deed Book 3486, Page 2002, dated March 13, 1995 and recorded April 5, 1995. LESS AND EXCEPT 41.7196 acres and 11.6432 acres conveyed to Julian Beverley Sawyer, Jr. recorded in Deed Book 4547, Page 1234, dated October 23, 2001 and recorded November 9, 2001. NOTE: These parcels have split from the original Acreage and have not been called a re- subdivision plat but there is a new plat recorded in Map Book 300, Pages 14 & 15 showing the remaining 25.2972 acres. 8 - 37- Item V-L.l. APPOINTMENTS ITEM # 53459 BY CONSENSUS, City Council RESCHEDULED: BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM - CSA - AT RISK FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION TOWING ADVISORY BOARD January 11,2005 - 38- Item V-L.2. APPOINTMENTS ITEM # 53460 Upon NOMINATION by Councilman Wood, City Council APPOINTED: Thomas Atherton, Contractor Building Maintenance Division Unexpired thru 12/31/06 Rick Savino, Contractor New Construction Division 2-Year Term 01/01/05-12/31/06 BOARD OF BUILDING CODE OF APPEALS Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None January 11, 2005 - 39- Item V-O. ADJOURNMENT ITEM # 53461 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:30 P.M. _q;z~__~L~~~'" Beverly 0. Hooks, CMC Chief Deputy City Clerk uth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia January 11,2005 -39- Item v-a ADJOURNMENT ITEM#53461 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:30 P.M. ageri c.74,,- Beverly . Hooks, CMC Chief Deputy City Clerk tesi;hMMCMeyera E berndorf City Clerk Mayor City of Virginia Beach Virginia January 11, 2005