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FEBRUARY 8, 2005 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYORMEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES SMITH, MMC 8 February 2005 I. CITY MANAGER'S BRIEFINGS - Conference Room - A. EMERGENCY RESPONSE SYSTEM Edward Brazle, Division Chief, Emergency Medical Services B. PORTABLE ON DEMAND STORAGE (PODS) REGULATIONS Karen Lasley, Zoning Administrator, Department o[Planning C. FIRST ANNUAL PATRIOTIC SALUTE AND CELEBRATION James B. Ricketts, Administrator, Convention and Visitor Center II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Oberndor[ B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 240i COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycnc/@vbgovcom 1:30PM 4:30PM V. FORMAL SESSION - Council Chamber - 6:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Barnett Thoroughgood New Jerusalem 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 February 1, 2005 G. AGENDA FOR FORMAL SESSION H. PRESENTATION 1. ECONOMIC DEVELOPMENT Donald A. Maxwell, Director, Economic Development I. PUBLIC HEARING 1. ELECTION PRECINCT CHANGES: a. BAKER: from Heritage United Methodist Church to Ebenezer Baptist Church b. ARROWHEAD: Carrow Baptist Church (for temporary use on June 14,2005) J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to TRANSFER approximately 11.76 acres on Bonney Road to the Virginia Beach Development Authority; AUTHORIZE all necessary documents to be properly executed; and, the Authority to DISPOSE of this property for economic development purposes plus a public pedestrian and other trail sytems. 2. Ordinance to AMEND Chapters 1-2,6-3,6-5,6-10,6-30,6-114 and 31-28 of the City Code re the definition of "resort season". Deferred January 4, 2005 Deferred January 11, 2005 RECOMMENDATION Council Member Requests Deferral to March 8, 2005 3. Ordinance to AMEND and REORDAIN S 10-1 of the City Code to change the election polling place for the Baker Precinct from Heritage United Methodist Church to Ebenezer Baptist Church; and, the Arrowhead Precinct will temporarily remain at Carrow Baptist Church. 4. Ordinance to AMEND the City's Open Air Cafe regulations to establish guidelines and allow sidewalk cafes between 15th and 24th Streets on Atlantic Avenue. 5. Ordinance to RATIFY amendments to the Parks and Recreation Commission Bylaws to expand their membership to include two students with voting privileges; change the annual date of reporting to City Council from January to November; and, redefining a quorum. 6. Ordinance to ESTABLISH a Capital Improvement Project (CIP) for the acquisition of the 9th Street Garage; and, APPROPRIATE $9,750,000 to the Development Authority for this acquisition and establishing the funding source. 7. Resolution to AUTHORIZE the City to partner with the South African Cities Network (SCAN) through the International City/County Management Association (ICMA) for economic development purposes. 8. Resolution to delineate City Council's DECLINE for further consideration re Item 10 of the AICUZ Task Force's "JLUS Outcomes-Suggested Discussion Points" re voluntary purchase of property in the Accident Potential Zone 1. L. PLANNING 1. Application of ENTERPRISE RENT -A-CAR for a Conditional Use Permit re motor vehicle rentals at 3809 Princess Anne Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROV AL 2. Application of AT ASSOCIATES, L.L.P. for a Conditional Use Permit re motor vehicle sales, rental, and service at 2717 Virginia Beach Boulevard. DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 3. Application of HERITAGE MOTOR CO., INC. for a Conditional Use Permit re motor vehicle sales at 5173 Shore Drive. DISTRICT 4 - BA YSIDE RECOMMENDATION: APPROV AL 4. Application ofFF ACQUISITIONS, L.L.C. for a Conditional Use Permit re fuel sales at 2129 General Booth Boulevard. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 5. Application of JEFFREY P. KNIGHT for a Conditional Use Permitre a home occupation (saltwater hobbyist - design and sale of related items) at 697 Masefield Circle. DISTRICT 3 - ROSE HALL RECOMMENDATION: APPROV AL 6. Application of CITY OF REFUGE CHRISTIAN CHURCH for a Conditional Use Permit re a child care education center at 3420 Holland Road, Suites 103-105. (DISTRICT 3 - ROSE HALL) DEFERRED RECOMMENDATION: November 23,2004 APPROVAL 7. Applications of CITYVIEW ONE, L. L. C. at Bonney Road and Bendix Roads DISTRICT 5 - L YNNHA VEN a. Change of Zoning District Classification from 0-2 Office District to Conditional B-4C Central Business Mixed Use District b. Conditional Use Permit for multi-family dwellings, grocery stores, carry-out food stores and convenience stores DEFERRED RECOMMENDATION: January 11, 2005 APPROV AL 8. Application of GENERAL BOOTH STORAGE, INC. for the Modification of Conditions to allow expansion of a mini-warehouse facility (approved by City Council on October 9, 2001 and June 11,2002) at General Booth Boulevard and Dam Neck Road. DISTRICT 6 - BEACH RECOMMENDATION: APPROV AL 9. Ordinances to AMEND: a. the Agricultural Reserve Program" (ARP) S 6 of the Agricultural Lands Preservation Ordinance re the "Area of Applicability" to encourage use of the entire Transition Area b. the Comprehensive Plan re Open Space/Recreation for the Transition Area RECOMMENDATION: APPROV AL 10. Ordinance to AMEND and REORDAIN SIll of the City Zoning Ordinance (CZO) to define portable storage containers (PODS); and, ADD S 208 to regulate the use and placement of these containers. RECOMMENDATION: APPROV AL M. APPOINTMENTS Community Policy and Management Team - CSA At Risk Development Authority Francis Land House Board of Governors Health Services Advisory Board Investment Partnership Advisory Committee Minority Business Council Parks and Recreation Commission Towing Advisory Board N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ** * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 8 February 2005 Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re EMERGENCY RESPONSE SYSTEM in the Council Conference Room, City Hall, on Tuesday, February 8,2005, at 1:30 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, Peter W Schmidt, Rosemary Wilson and James L. Wood Council Members Absent: Jim Reeve [Entered: 1:55 P.M.} Ron A. Villanueva [Entered: 1:45 P,M.} - 2- CITY MANA GER 'S BRIEFING EMERGENCY RESPONSE SYSTEM ITEM # 53543 1 :30 P.M. Charles W. Meyer, Chief Operating Officer and Chairman - Emergency Response Committee, advised major changes to the Emergency Response System were made in mid-September. The ERS Committee does not consider the work finished, will continue to examine the issues involved and make recommendations. This Interim Report provides information relative experiences in the ERS system since July First and the changes made at that point with the full system implemented in mid-September. Battalion Chief T. J. McAndrews, Fire Department, advised May 6, 2004, the Chief Operating Officer, provided City Council the Emergency Response System Proposal, involving long term system enhancements to address some of the internal concerns and general needs of the community. ERS CONCERNS 2004 Ambulance staffing Advanced Life Support (ALS) staffing Firefighter - ALS Incident command procedures Response times ENHANCEMENT ACTIONS Established minimum ambulance staffing level of eight (8) ambulances EMS Department hired twenty-four (24) career medics and four (4) supervisors Rescue squad Advanced Life Support (ALS) providers reassigned to ambulances. Career personnel assigned to provide primary zone car staffing Firefighter - Advanced Life Support (ALS) job description created Fire Department ERS Battalion Chief position created One hundred forty-four (I 44) Automatic External Defibrillators (AED) deployed on police patrol units (four hundred plus (400+) officers are trained to operate these units) ERS Executive Committee reconstituted to provide more strategic oversight (Chief Operating Officer Charles Meyer now Chair) February 8, 2005 - 3 - CITY MANA GER 'S BRIEFING EMERGENCY RESPONSE SYSTEM ITEM # 53543 (Continued) Currently there are forty-two (42) ALS Fire Fighters with another eight (8) in the evaluation phase, and with an expectation of being released for duty in the next two (2) months, There is also a commitment of ten (IO) other ALS providers in the Department, who have committed to joining the program in late Summer, MEMBER SATISFACTION Changes have been well received by all members of the Emergency Response System Career personnel have smoothly integrated with volunteers Significant firefighter concerns have been addressed All members are following the Incident Command System and are under the direction of one Incident Commander on emergency scenes, There has also been in an increase in the number of staffed ambulances, The Fire Fighters are now practicing directly off the fire apparatus. Battalion Chief McAndrews displayed a colored map indicating typical deployment of the Advanced Life Support (ALS) Fire Trucks (11 staffed ALS apparatus) located at nine (9) different stations. Division Chief Edward Brazle - Emergency Medical Services, displayed the colored maps indicating the Zone Deployment Plan. Volunteers also still come in to help fill-in on the zone cars providing extra shifts, Using the baseline deployment model of eight (8) ambulances, the City is divided into coverage zones. Northern Area 2 ambulances Central Corridor 3 ambulances Southern Area 3 ambulances Division Chief Brazle advised there is a Career Medic on the zone car assigned at the Creeds Station. Ifa call comes in at the rural area of the City, this Medic responds and joins with either the Rescue Squad personnel there or the Fire personnel to make up an ambulance crew, RESPONSE TIMES REVIEWS Established new definition of response time (911 to door) Monitoring 90% achievement level instead of averages Established steps along the time line for performance monitoring February 8,2005 - 4 - CITY MANA GER 'S BRIEFING EMERGENCY RESPONSE SYSTEM ITEM # 53543 (Continued) Initial Findings Improved response times noted for both EMS and Fire Initial report focuses on first help to arrive on Priority 1 calls (any unit Fire or EMS) Limited time to collect data makes it difficult to draw firm conclusions Division ChiefBrazle displayed charts entitled: First Help to Arrive Achievement (First EMS or Fire Unit) and Overall Response Times. Any unit, Fire or EMS, "nine times out of ten" will arrive in twelve (12) minutes. After intervention and after the addition of the implementation of extra personnel, this response time has dropped to eleven (II) minutes and thirty (30) seconds. Thus, a 30-second improvement. Overall response times have been further broken down into ambulances, zone car and engines/ladders. The biggest improvement has been in the ambulances involving all priority 1 calls, City-wide, from 18.55 to 17:10 minutes. Ongoing Projects Fire EMT-Enhanced Program EMS Volunteer Recruiting Fire Advanced Life Support (ALS) deployment Benchmarking various elements of performance Global Positioning System (GPS) Review There are seven (7) members in the Fire Recruit School testing for the Emergency Medical Technician Enhanced state exam on Saturday, February 12,2005. Over 90% of the personnel on the ambulances are volunteers. Fire Chief Gregory Cade, advised relations between the two (2) Departments (Fire and Emergency Medical Services) are very positive, WHAT'S NEXT? Evaluating response time performance for potential improvements ERS elements under review include: Baseline ambulance staffing and coverage levels Communication Center processes Firefighter - ALS deployment Station locations February 8, 2005 - 5 - CITY MANAGER'S BRIEFING EMERGENCY RESPONSE SYSTEM ITEM # 53543 (Continued) Chief Bruce Edwards advised the existing data clearly states when two (2) ambulances were added in September, our response times dropped immensely. It is becoming apparent that it is imperative to reach a goal of ten (IO) ambulances rather quickly which would also require additional career staff as well as volunteers. Two (2) additional ambulances in the North End is desirable for deployment. The more ambulances, the shorter the travel time and the response times decrease, Chief Edwards advised this report only encompasses three and a 'half months of data, There is a definite trend that an increase in ambulances does make a difference, Catheryn Whitesell, Director - Resource Management, advised relative additional ambulances being included in the Budget, Emergency Medical Services has made requests for additional staffing. This item is still under review. Only three (3) months of data is currently available. The City Manager has not finalized the proposed Operating Budget. Mr. Meyer advised since the first of the year, the Emergency Medical Response Committee has been focusing their energies on the problem areas. As of July First, Emergency Response, compiled all data of Police, Fire and Emergency Medical Services on one system. Thus, there is a standard measurement. The Committee wants to be assured whatever resources are placed into the system are best deployed. Mayor Oberndorf referenced copy of the Independent Virginia Beach Emergency Medical Service Ambulance Staffing report, submitted by William P. Bailey, President - Virginia Beach Professional Firefighters. Mr. Bailey has filed a complaint with the State, Code Enforcement agency and the Virginia Beach Volunteer Rescue Squads which remains under active investigation at this time. Said information is hereby made a part of the record. Deputy Chief Brazle advised the Rescue Squads are under investigation at this time. Any time a complaint is made to the Department of Health for any reason, an investigation is conducted. The issue entails the interpretation of the regulations as far as staffing and service delivery, For years, EMS has operated mutually supporting squads "back and forth" as if one unified system. This has been permitted by the Commonwealth for many years. The Commonwealth has a Compliance Manual which determines how to interpret the regulations, which stated: "Staffing through mutual aid is an acceptable way to provide service. " The Commonwealth is now re-evaluating that compliance and how they wish to define "staffing". EMS is working closely with the Commonwealth relative this definition, EMS does have a copy of Mr. Bailey's report. February 8, 2005 - 6- CITY MANA GER 'S BRIEFING PORTABLE ON DEMAND STORAGE (PODS) REGULATIONS 2:27 P.M. ITEM # 53544 Karen Lasley, Zoning Administrator, presented the Changes (as suggested by City Council during the January 25, 2005, City Council Session), re the Portable Storage Containers: No.1 No.2 No.3 No.4 Definition excludes roll-off For containers less than 350 Signage reduced to nine In Residential and containers cubic feet, change allows two (9) square feet per sign Apartment Districts (2) of the small containers with two signs allowed containers are allowed for i.e. SmartBox per container new construction, reconstruction, alteration and renovation for sixty (60) days Only one permit would be Previous version allowed Previous version allowed 30 required per site two-24 square foot signs days for renovations or additions and indefinitely with a building permit for construction of a new structure Previous version allowed only one (1) regardless of size ORDINANCE CHANGES SINCE JANUARY 25,2005 No.5 No.6 No.7 New version - container in a driveway No limit on the number of containers *New section (g) clarifies the penalties must leave two (2) parking spaces on allowed on commercial projects for violations the paved driveway. Can spill over into the portion of the driveway that is technically in the right-of-way Previous version - two (2) parking Previous version only allowed one (1) Civil penalties - $100.00 for first spaces had to be on the site only offense * Deputy City Attorney MacaU advised the property owner is responsible for a violation on his own property. Deputy City Attorney MacaU referenced a minor revision to the ordinance clarifying the permits are on a lot-by-lot basis i.e. if a customer has two (2) PODS, he only needs one (1) permit. Ms. Lasley advised approximately four (4) years ago, the City Council approved the hiring of two (2) new Zoning Inspectors, These Inspectors can be called on weekends to respond to complaints. The permit cost is $15.00 with no charge for a 72-hour permit. The City Staff shall keep track of costs and report to City Council in six (6) months, This ordinance would be effective March 15, 2005, allowing training of City staff, clarification to the companies and permitting permits. February 8, 2005 - 7- CITY MANA GER 'S BRIEFING PORTABLE ON DEMAND STORAGE (PODS) REGULATIONS ITEM # 53544 (Continued) Councilman Villanueva referenced his proposed Alternative Version: Number of Containers Allowed (Subsection (a) (1): Agenda Version: One (1) container ifstorage capacity is greater than 350 cubic feet; two (2) if storage capacity of each is 350 cubic feet or less Alternate Version: One (1) container if storage capacity is greater than 350 cubic feet; three (3) if storage capacity of each is 350 cubic feet or less Location Criteria (Subsection (b) (2): Agenda Version: If containers cannot physically be located behind house or in driveway, so as to leave two (2) parking spaces on driveway, container(s) may be located anywhere on driveway, but only for 72 hours. Alternate Version: Same as agenda version, but no 72-hour time limit applies Council Lady McClanan was concerned re this ordinance addressing all the concerns of the Civic Leagues, Beautification Commission and Council of Garden Clubs. Karen Lasley shall provide information and City Council discussion shall continue in the Formal Session of City Council. February 8,2005 -8- CITY MANA GER 'S BRIEFING FIRST ANNUAL PATRIOTIC SALUTE AND CELEBRATION ITEM # 53545 3:30 P.M. Attorney Steve Romine, Chair - Elect First Annual Patriotic Salute and Celebration, representing Thomas Prevette -Hampton Roads Chamber of Commerce, advised this event is the First Annual Patriotic Festival, to be held at the Virginia Beach Oceanfront, on Memorial Day Weekend (Friday May 27 - Sunday May 29, 2005. This event is a celebration of the Military. It is an event to attract families to the Oceanfront, Hotels will provide vacation packages and discount tickets. National entertainment programming diversity will be featured. The USO Variety Show (free of charge) will appear for the troops here as well as abroad. An honoree will be selected from each branch of the service. There shall be many military displays and a demonstration from each branch of the service. This event will feature major in-town and out-of-town marketing campaigns. The Event has the potential to generate 60,000 concert goers producing income surplus to repay the City's grant, The Event will be a positive economic impact for the Oceanfront, James B. Ricketts, Director - Convention and Visitors Bureau, advised on June 1, 2004, the City Council ADOPTED: Ordinance to APPROPRIATE $600,000, TRANSFER $380,000 re first annual "Patriotic Salute and Celebration" on Memorial Day Weekend 2005 and AUTHORIZE the City Manager to execute the Memorandum of Understanding (MOU) with USO of Hampton Roads, Inc. Mr. Ricketts advised two (2) Committees were involved in the Patriotic Salute and Celebration. City Committee James K. Spore City Manager Leslie L. Lilley City Attorney Vanessa Valldejuli Associate City Attorney James B. Ricketts Director - Convention and Visitors Bureau Mike Eason Resort Services Coordinator Lee Edmondson Finance Officer Convention and Visitors Bureau Councilman Richard Maddox Council Lady Rosemary Wilson. February 8,2005 -9- CITY MANA GER 's BRIEFING FIRST ANNUAL PATRIOTIC SALUTE AND CELEBRATION ITEM # 53545 (Continued) Festival Committee Hampton Roads Chamber of Commerce USO Hampton Roads Rear Admiral S.A. Turcotte, U.S. Navy, Commander - Navy Region Mid-Atlantic - Public Affairs Office Cox Communications Barker, Campbell, Farley & Mansfield Whisper Entertainment Convention and Visitors Bureau Council Members Maddox and Wilson Karen Lircari, representing the USO of Hampton Roads, referenced the USO - Hampton Roads Special Event Programing: HILTON USO HEADQUARTER HOTEL Friday, May 27, 2005 5:00 PM - 7:00 P.M VIP/SPONSOR RECEPTION ENTERTAINMENT - JAZZ ROOF TOP Saturday, May 28,2005 12:00 P.M - 1:00 P.M. 1:00 P.M - 3:00 P.M COCKTAIL ENTERTAINMENT /JAZZ HONOREES SALUTE - w/ Liberty Bells PATIO BALL ROOM Sunday, May 29, 2005 5:00 P.M - 7:00 P.M. VIP/SPONSOR RECEPTION #2 ENTERTAINMENT - BEACH MUSIC PATIO OFF SITE HOTEL Saturday, May 28,2005 11:00 A.M - 1:00 P.M. HONOREES IN STRAWBERRY FESTIVAL PARADE PUNGO Sunday, May 29, 2005 8:00 A.M - 12:00 PM, FLAG & GENERAL GOLF TOURNAMENT NASO Friday - Sunday 10:00 A.M. - 7:00 P.M. MILITARY STATIC DISPLAYS, FLYBY'S ETC. February 8,2005 - 10- CITY MANA GER 'S BRIEFING FIRST ANNUAL PATRIOTIC SALUTE AND CELEBRATION ITEM # 53545 (Continued) Bill Douthat, President - Whisper Entertainment Concerts, Inc., highlighted the entertainment: FIFTH STREET STAGE Friday, May 27, 2005 TODAYS COUNTRY - WGH/97.3 7:00 P.M. - 8:30 P.M. 9:00 P.M - 10:30 P.M. SUPPORT HEADLINER (Cross Canadian Ragweed - Tentative) BIG & RICH (Cowboy Troy) Saturday, May 28,2005 ADULT URBAN - WVKL 95.7 R & B 3:00 P.M, - 5:00 P.M HEADLINER Afternoon with PATTI LABELLE ADULT CONTEMPORARY - WWDE 101.3 & WPTE - 94.9 7:00 P.M. - 9:00 P.M. HEADLINER LOS LONELY BOYS 9:30P.M. -ll:OOP.M HEADLINER MICHAEL MCDONALD Sunday, May 29, 2005 WFPG OLDIES 92.9 2:00 P.M. - 5:00 P.M. USO SHOW WAYNE NEWTON (Tentative) DALLAS COWBOY CHEERLEADERS (Tentative) LIBERTY BELLS (Tentative) WGH - 97.3 TODAY'S COUNTRY 7:00 P.M. - 8:00 P.M SUPPORT SUGARLAND (Tentative) 9:00 P.M. - 11 :00 P.M, HEADLINER RASCAL FLATTS Mr. Douthat advised the ticket sales through Ticket Master are currently $65,710.00, Sponsorships have been confirmed in the amount of$205,000. The Platinum/Gold Sponsors are: Budweiser, USA Discounters, GEICO, Gateway Bank, GoldKey/PHR, Farm Fresh, Home Depot and Cox Communication. The Pending sponsors are: Coca-Cola, SB Ballard Construction and USO World. The Media Sponsors are WGH, WFOG, WWDE, WPTE, WVKL, COX Communication, WTKR, the Virginian Pilot and the Military Newspapers. February 8,2005 - 11 - CITY MANA GER 'S BRIEFING FIRST ANNUAL PATRIOTIC SALUTE AND CELEBRATION ITEM # 53545 (Continued) The Memorandum of Understanding provided $200,000 from the City's Advertising Fund for Marketing through Barker, Campbell, Farley & Mansfield. $600,000 is to be paid by the City to the usa in three (3) installments ($200,000 each installment). Thefirst installment of the City's contribution has not been paid. In the MEO the first payment was basically incumbent on the "headliner" entertainment being identified, as well the usa Variety Show being assembled. The headliners i. e, Elton Johns, were really venue orientated versus 'festival" oriented. The ticket prices were expensive with reserved seating. This issue has been resolved. An amendment to the Memorandum of Understanding has been composed, and if City Council concurs, BY CONSENSUS, the Contract can be amended and the first payment issued to the USa. The second installment of$200, 000 will be made when the usa provides evidence of sponsorship in the amount of $225,000, letters of intent or contracts or other types of documentation that are evidence of the booking of the "headliner" acts and a Performance Bond in the amount of $600, 000 The third installment of $200,000 will be made, if the rain venue is Rockwell Hall, combined with the proposed rain insurance coverage are deemed to be acceptable. Associate City Attorney Vanessa Valledejuli distributed the First Amendment to the Memorandum of Understanding (MEO) between the City of Virginia Beach and Patriotic Festival, LLe. Said information is hereby made a part of the record. The City Attorney advised the Amendment paragraph 2a redefines "headliner" acts. In all other respects, the Memorandum of Understanding shall remain infullforce and effect. The City Manager prefers the City Council concur and authorize him to execute this Amendment, Mayor Oberndorf polled the City Council: Harry E. Diezel Robert M. Dyer Vice Mayor Louis R, Jones Reba S. McClanan Richard A. Maddox AYE AYE AYE NAY AYE Mayor Meyera E. Oberndorf AYE Jim Reeve AYE Peter W Schmidt AYE Ron A. Villanueva AYE Rosemary Wilson AYE James L. Wood AYE February 8, 2005 - 12- CITY COUNCIL COMMENTS 3:30 P.M. ITEM # 53546 Councilman Dyer expressed appreciation to Mayor Oberndorffor officiating at his marriage to his lovely Patricia (Trish), on Saturday, February 5, 2005. The ceremony took place in front of The Cross at Fort Story (landmark of Virginia Beach). Councilman Dyer thanked all for their kind words and prayers. The Mayor conducted a beautiful and touching ceremony. ITEM # 53547 Mayor Oberndorf distributed correspondence from Bill Mannschreck, Chairman - Bridge Center Search Committee. On February First, the local unit of the American Contract Bridge League sent a letter to the Mayor requesting assistance in establishing a dedicated duplicate Bridge Center, Relative the City's plans to provide 6.7 acres of land on Bonney Road to the Tidewater Builders Association, with the remaining set aside for a bike and walking trail, the League is requesting enough space for their small building. Said information is hereby made a part of the record. February 8, 2005 -13 - AGENDA RE VIE W SESSION 3:32 P.M. ITEM # 53548 K1. Ordinance to A UTHORIZE the City Manager to transfer approximately 11. 76 acres on Bonney Road to the Virginia Beach Development Authority; A UTHORIZE all necessary documents to be properly executed; and, the Authority to DISPOSE of this property for economic development purposes plus a public pedestrian and other trail systems. This item will be discussed during the Formal Session ITEM # 53549 K4. Ordinance to AMEND the City's Open Air Cafe regulations to establish guidelines and allow sidewalk cafes between 15th and 24th Streets on Atlantic Avenue. Councilman Maddox requested DEFERRAL of this item for two (2) weeks until the City Council Session of February 22, 2005. Councilman Wood referenced information re the facade issue which is not contained within this Ordinance. Councilman Maddox advised his concerns are process and this issue not being included. ITEM # 53550 K6. Ordinance to ESTABLISH a Capital Improvement Project (CIP) for the acquisition of the 9th Street Garage; and, APPROPRIATE $9,750,000 to the Development Authority for this acquisition and establishing the funding source Councilman Maddox will vote NAY on this item. Mayor Oberndorfrequested the City stafJpresent information during the Formal Session. This item shall be discussed during the Formal Session. ITEM # 53551 BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA: ORDINANCES/RESOLUTIONS K2. Ordinance to AMEND Chapters 1-2, 6-3, 6-5, 6-10, 6-30, 6-114 and 31-28 of the City Code re the definition of "resort season ". February 8, 2005 - 14 - AGENDA RE VIE W SESSION ITEM # 53551 (Continued) K, 3. Ordinance to AMEND and REORDAIN 910-1 of the City Code to change the election polling place for the Baker Precinct from Heritage United Methodist Church to Ebenezer Baptist Church; and, the Arrowhead Precinct will temporarily remain at Carrow Baptist Church. K,4, Ordinance to AMEND the City's Open Air Cafe regulations to establish guidelines and allow sidewalk cafes between 15th and 24th Streets on Atlantic Avenue, K,5. Ordinance to RATIFY amendments to the Parks and Recreation Commission Bylaws to expand their membership to include two students with votingprivileges; change the annual date of reporting to City Council from January to November; and, redefining a quorum, K, 7. Resolution to A UTHORIZE the City to partner with the South African Cities Network (SACN) through the International City/County Management Association (ICMA) for economic development purposes. K,8 Resolution to delineate City Council's DECLINE for further consideration re Item 10 of the AICUZ Task Force's "JLUS Outcomes-Suggested Discussion Points" re voluntary purchase of property in the Accident Potential Zone 1, Item K,2. will be DEFERRED, BY CONSENT, until the City Council Session of March 8, 2005 Item K,4. will be DEFERRED, BY CONSENT, until the City Council Session of February 22, 2005. February 8, 2005 - 15 - AGENDA RE VIE W SESSION ITEM # 53552 L.10, Ordinance to AMEND and REORDAIN 9 III of the City Zoning Ordinance (CZO) to define portable storage containers (PODS); and, ADD 9 208 to regulate the use and placement of these containers This item shall be discussed during the Formal Session. ITEM # 53553 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: L.1. Application of ENTERPRISE RENT-A-CAR for a Conditional Use Permit re motor vehicle rentals at 3809 Princess Anne Road. DISTRICT 7 - PRINCESS ANNE L.2, Application of AT ASSOCIATES, L.L.P. for a Conditional Use Permit re motor vehicle sales, rental, and service at 2717 Virginia Beach Boulevard. DISTRICT 6 - BEACH L.3. Application of HERITAGE MOTOR CO., INC. for a Conditional Use Permit re motor vehicle sales at 5173 Shore Drive. DISTRICT 4 - BAYSIDE L.4. Application of FF ACQUISITIONS, L.L.C. for a Conditional Use Permit re fuel sales at 2129 General Booth Boulevard. DISTRICT 7 - PRINCESS ANNE L.5, Application of JEFFREY P. KNIGHTfor a Conditional Use Permit re a home occupation (saltwater hobbyist - design and sale of related items) at 697 Masefield Cire/e. DISTRICT 3 - ROSE HALL L.6. Application of CITY OF REFUGE CHRISTIAN CHURCH for a Conditional Use Permit re a child care education center at 3420 Holland Road, Suites 103-105. (DISTRICT 3 - ROSE HALL) February 8, 2005 - 16- AGENDA RE VIE W SESSION ITEM # 53553 (Continued) L. 7. Applications of CITYVIEW ONE, L. L. C. at Bonney Road and Bendix Roads (DISTRICT 5 - LYNNHA VEN a. Change of Zoning District Classification from 0-2 Office District to Conditional B-4C Central Business Mixed Use District b, Conditional Use Permit for multi-family dwellings, grocery stores, carry-out food stores and convenience stores L. 8. Application of GENERAL BOOTH STORAGE, INC. for the Modification of Conditions to allow expansion of a mini-warehouse facility (approved by City Council on October 9, 2001 and June 11, 2002) at General Booth Boulevard and Dam Neck Road. DISTRICT 6 - BEACH L. 9. Ordinances to AMEND: a, the Agricultural Reserve Program" (ARP) S 6 of the Agricultural Lands Preservation Ordinance re the "Area of Applicability" to encourage use of the entire Transition Area b. the Comprehensive Plan re Open Space/Recreation for the Transition Area Councilman Wood will ABSTAIN on Item LA (FF ACQUISITIONS INC) Council Lady McClanan shall vote a VERBAL NA Y on Item. L. 7 (CITY VIEW) Council Lady McClanan and Councilman Schmidt shall vote a VERBAL NA Y on Item 9a/b (ARP/TRANSITION AREA) February 8,2005 - 17- ITEM # 53554 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 amendedJor the following purpose: PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation ofspecific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Community Policy and Management Team - CSA At Risk Development Authority Francis Land House Board of Governors Health Services Advisory Board Investment Partnership Advisory Committee - PPEA Minority Business Council Parks and Recreation Commission Towing Advisory Board Performance of Council Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of 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 3711 (A)( A)(3). Acquisition/Disposition of Property - Lynnhaven District - Bonney Road Property Beach District - 9th Street Garage Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION (3:50 P.M.). Voting: 9-0 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Peter W. Schmidt and Ron A. Villanueva (Closed Session 3:50 P.M. - 5:55 P.M.) (Dinner: 5:55 P.M. - 6:18 P.M.) February 8, 2005 - 18- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 8, 2005 6:18 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, February 8, 2005, at 6: 18 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, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Barnett Thoroughgood New Jerusalem 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 accountingjirm 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 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 andjile 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 an 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 andjile 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. February 8, 2005 - 19- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 53555 Upon motion by Councilman Reeve, seconded by Councilman Dyer, 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 L. Wood Council Members Voting Nay: None Council Members Absent: None February 8, 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 # 53554, page 17, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711(A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. (i~~ R th Hodges Smith, MMC City Clerk February 8, 2005 - 20- Item V-F.1. MINUTES ITEM # 53556 Upon motion by Councilman Reeve, seconded by Councilman Dyer, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of February 1,2005. 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 L. Wood Council Members Voting Nay: None Council Members Absent: None February 8,2005 - 21 - Item V-G. ADOPTAGENDA FOR FORMAL SESSION ITEM # 53557 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION February 8,2005 - 22- Item V-H. PRESENTATION ITEM # 53558 Donald L. Maxwell, referenced: Resolution to A UTHORIZE the City to partner with the South African Cities Network (SACN) through the International City/County Management Association (ICMA) for economic development purposes, The partnership will, in effect, be an international task force (including 2 -3 City staff representatives, International City/County Management Association (ICMA) representatives and South African representatives) focused on improving the economy of the South African City (Johannesburg-Pretoria). The City of Virginia Beach, because of success and recognition of its economic development accomplishments, has been requested by ICMA to participate in the South African Cities Network (SA CN). The City has been recognized nationally and awards have been won by the Mayor during the past year. Last year, the Department of Economic Development was recognized as one of the top ten (10) departments in North America. Based upon these achievements, the State Department contacted Virginia Beach. The Johannesburg-Pretoria region has a population of approximately 12-MILLION City staffwill provide their time during the 18-month process required in developing an economic development strategy. It is anticipated there will be two (2) trips for the Virginia Beach representatives to South Africa (I0-12 days each) and that three teams of three individuals from South Africa will work in Virginia Beach for two weeks each over the next 18 months. Travel expenses, hotel and food will be paid for by the International City/County Management Association (ICMA). Mr. Maxwell has been requested to be the local lead. Cynthia Whitebred-Spanoulis, Strategic and Performance Coordinator - Economic Development, will be a part of this program, Oscar Rodriguez - ICMA, will be the Program Manager. Mr. Maxwell has requested Robert Scott, Director of Planning to assist from the Planning standpoint; however, he will be unable to participate in the trip, The trip is scheduled to depart next Wednesday, February 16, 2005, to Johannesburg- Pretoria. Carol Palmer, a resident of Virginia Beach and Director of United States Aid to South Africa Vision and Senior Foreign Officer for the United States Agency for International Development, based in Pretoria, South Africafully endorsed the program and Virginia Beach's role. The City Links program was created in 1997 by United States AID to provide realistic and practical information to City Manager's throughout the World, The program, over the years, has been extended to over one hundred (100) cities. Over $225,000 has been appropriated for the next eighteen (18) months to enable Virginia Beach to assist nine (9) cities in South Africa. February 8, 2005 - 23- Item V-I.a/b PUBLIC HEARING ITEM # 53559 Mayor Oberndorf DECLARED A PUBLIC HEARING: ELECTION PRECINCT CHANGES BAKER from Heritage United Methodist Church to Ebenezer Baptist Church ARROWHEAD Carrow Baptist Church (for temporary use on June 14,2005) There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING February 8, 2005 - 24- Item V-K. ORDINANCES/RESOLUTIONS ITEM # 53560 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED IN ONE MOTION Items 2 (DEFERRED), 3, 4 (DEFERRED), 5, and 7 of the CONSENT AGENDA. Item K.2 will be DEFERRED BY CONSENT, until the City Council Session of March 8, 2005, Item K.4 will be DEFERRED BY CONSENT, until the City Council Session of February 22, 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. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 8, 2005 - 25 - Item V-K.1. ORDINANCES/RESOLUTIONS ITEM # 53561 The following registered in SUPPORT: Donald Maxwell, Director of Economic Development, advised the City is the owner of property located on Bonney Road in the City comprised of approximately 11,76 acres. Tidewater Builders Association (TBA) has indicated that it desires to relocate its headquarters to Virginia Beach and is interested in purchasing the property on Bonney Road. The City desires to transfer the property to the Development Authority for economic development purposes. This will enable the Authority to sell the property to TBAfor $1,200,000 for the construction of its headquarters facility. Following the sale of the property to TBA, TBA shall grant a perpetual easement to the City to allow the City to construct and maintain a pedestrian and other trail system pursuant to the Thalia Creek Greenbelt and Trails project. In May 10, 1996, the Community Services Board hired an architect to determine if CSB could be located in the former Days Inn. The City purchased the building on December 31, 1996, for the purpose of converting it into the Community Services Board facility. The price paid was $3-MILLION for the hotel and parking deck. The Freight Facility was acquired for $2.5-MILLION In March 1997, the Capital Improvement Program $5. 7-MILLION was approved for conversion of the entire complex. The revised estimate exceeded the CIP by approximately $4.3-MILLION In June 1999, the project was reassigned to the Department of Economic Development, Requests for Interest were issued on August 13, 1999. Seven (7) proposals were received. On December 14th, City Council selected LTD Management and entered into an option agreement for the sale for a hotel reuse (option - $2. 5-MILLION) , On January 2000 further examination determined the hotel deficiencies included structural failure, thus the deal was voided by LTD. On December 7, 2000, through an agreement with Branwick Corporation for the sale following the Request for Interest (RFI), Branwick demolished the property on their own accord. The sale price at that time was $l,2-MILLION for the property. An amendment of the Agreement of Sale was extended for that closing date on March 2001. The property was deeded to Branwick on July 5, 2001. However, construction had not commenced by April 2002. The City subsequently repurchased the property for $1 , 2-MILLION in May 1, 2003. Channing Pfeiffer, Chief Executive Officer and President - Tidewater Builders Association, advised the TBA Regional Headquarters will be a 70,000 square foot state-of the art complex, There will be no building like it in Hampton Roads. TBA provides one of the three basic necessities of life - shelter and contributes $4- BILLION per year to the regional economy, TBA indirectly employees over 30,000 people. TBA was established as a non-profit trade association over 50 years ago. TBA represents 1,220 member firms throughout South Hampton Roads and the Eastern Shore. Only 1/3 of the members are builders, the other 2/3 are plumbers, landscapers, electricians, suppliers, engineers, bankers, architects, etc. TBA awarded $1.2-MILLION in college scholarships to area high school students for a total of ninety (90) Virginia Beach students to date. A Young Designers' Scholarship Competition has awarded sixty-two (62) Virginia Beach students to date (over $10,000 to Virginia Beach High Schools). The Shelter Response Foundation works with and helps fund clothing, food and rental assistance when tragedy strikes. The Charity House raised over $l-MILLION for local charities. These funds helped build the Virginia Beach Boys and Girls Club in Virginia Beach. The Building Trades Academy (TBA 's crown jewel) assists in supplying the local industry's need for skilled workers and offers career opportunities for economically disadvantaged men and women. The Academy has averaged 100 graduates a year. Of those, 90% are minorities. Since its inception in 1978, over 2,600 students have graduated and 100 percent of the graduates have been employed on graduation day. John Bryant, Independent Plumber Graduate Tidewater Builders Association Building Trades Academy, 3515 Markham Court, Phone: 471-5755 Louisa Stayhorn, Chair - Minority Business Council, was unable to remain due to another assignment, Donald Maxwell read Mrs. Strayhorn's letter of support into the record. February 8, 2005 - 26- Item V-K.1. ORDINANCES/RESOLUTIONS ITEM # 53561 (Continued) Thefollowing registered in SUPPORT (Continued): Bill Mannschreck, 778 Suffolk Court, Phone: 340-0885, Chairman - Bridge Center Search Committee. On February First, the local unit of the American Contract Bridge League sent a letter to the Mayor requesting assistance in establishing a dedicated duplicate Bridge Center. Relative the City's plans to provide 6.7 acres of land on Bonney Road to the Tidewater Builders Association, with the remaining set aside for a bike and walking trail, the League is requesting enough space for their small building. Said information is hereby made a part of the record. Beth Duke, Senior Vice President - Community Relations, Children's Hospital of the King's Daughters, advised the regional Children's Hospital has enjoyed a long relationship with TBA's annual HOMEARAMA, and was the first recipient of funds for the Charity House. Children's Hospital benefitted last year from HOMEARAMAfor a total of over $II2-MILLION Attorney Anthony Radd, representing Wolcott, Rivers, Gates Attorneys-At-Law, reference proposal submitted earlier relative the Bonney Road Property. His client is a member of the Tidewater Builders Association and after further reviewJully supports the proposal ofTBA and withdrew his proposal to purchase the same property. He is in support of the application, The following registered in OPPOSITION: Raymond Sides, 834 Virginia Beach Boulevard, Phone: 425-5614 Karen Nuszkiewicz, 1000 Fireside Lane, Phone: 424-5657, President of the Homestead Civic League William Bailey, President - Virginia Beach Professional Firefighters, 4841 Rosecroft Street, Phone: 495-0635, referenced the need to purchase 3 acres for afire station. A MOTION was made by Vice Mayor Jones, seconded by Councilman Diezel to ADOPT an Ordinance to A UTHORIZE the City Manager to transfer approximately 11.76 acres on Bonney Road to the Virginia Beach Development Authority; A UTHORIZE all necessary documents to be properly executed; and, the Authority to DISPOSE of this property for economic development purposes plus a public pedestrian and other trail system. Upon SUBSTITUTE MOTION by Councilman Schmidt, seconded by Councilman Maddox, City Council DEFERRED INDEFINITELY: Ordinance to AUTHORIZE the City Manager to transfer approximately 11.76 acres on Bonney Road to the Virginia Beach Development Authority; AUTHORIZE all necessary documents to be properly executed; and, the Authority to DISPOSE of this property for economic development purposes plus a public pedestrian and other trail system. February 8, 2005 - 27- Item V-K.1. ORDINANCES/RESOLUTIONS ITEM # 53561 (Continued) This Deferral will enable the City Council to work constructively with Tidewater Builders Association (TBA) to see if there is a common ground which can give fair consideration for the property and in so doing serve our citizens completely to make sure that this is a fair deal for everyone involved. Voting: 9-2 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Richard A, Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Mayor Meyera E. Oberndorf and Vice Mayor Louis R. Jones Council Members Absent: None Council Lady Wilson DISCLOSED pursuant to Conflict of Interests Act 9 2,2-3115 (H) relative City Council's discussion and vote on ordinance to authorize the Transfer of 11.76 acres of City-owed property on Bonney Road to the Virginia Beach Development Authority, Her husband is a principal in the accounting firm of Goodman and Company and that company provides services to Tidewater Builders Association. Her husband does not personally provide services to Tidewater Builders Association, The City Attorney has advised she may participate without restriction in City Council's discussion of, and vote. Council Lady Wilson's letter of February 8, 2005, is hereby made a part of the record. February 8, 2005 City e>f Virgi:r1ia. Bea.ch ROSEMARY WILSON COUNCIL LADY - AT-LARGE PHONE: (757) 422-0733 FAX: (757) 426-5669 February 8, 2005 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Conflict of Interests Act S 2.2-3115 (H) Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on ordinance to authorize the transfer 11.76 acres of City-owned property on Bonney Road (GPIN 1477-52-4516) to the Virginia Beach Development Authority for the purpose of allowing the Authority to sell the property to Tidewater Builders Association. 2. I have a personal interest in this transaction because my husband is a principal in the accounting firm of Goodman and Company, and that company provides services to Tidewater Builders Association. My husband does not personally provide services to Tidewater Builders Association. 3. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because my husband does not personally provide services to Tidewater Builders Association, the Act provides that I may participate without restriction in Council's discussion of, and vote on, the ordinance, upon disclosure of this interest. 1304 WREN PLACE, VIRGINIA BEACH, VA 23451 Mrs. Ruth Hodges Smith -2- February 8, 2005 Re: Disclosure Pursuant to Conflict of Interests Act 9 2.2-3115 (H) 4. I wish to disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, !I/~ Rosemary A. Wilson Councilmember RA W/RRI - 28- Item V-K.2. ORDINANCES/RESOLUTIONS ITEM # 53562 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED until the City Council Session of March 8, 2005: Ordinance to AMEND Chapters 1-2, 6-3, 6-5, 6-10, 6-30, 6-114 and 31-28 of the City Code re the definition of "resort season n. 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 February 8, 2005 - 29- Item V-K.3. ORDINANCES/RESOLUTIONS ITEM # 53563 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to AMEND and REORDAIN 9 10-1 of the City Code to change the election polling place for the Baker Precinct from Heritage United Methodist Church to Ebenezer Baptist Church; and, the Arrowhead Precinct will temporarily remain at Carrow Baptist Church 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 February 8, 2005 1 AN ORDINANCE TO AMEND AND REORDAIN CITY CODE 2 SECTION 10-1 BY MOVING THE POLLING PLACE FOR 3 THE BAKER PRECINCT 4 5 SECTION AMENDED: S 10-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 10-1 of the City Code is hereby amended and 11 reordained, to read as follows: 12 Sec. 10-1. Establishment of precincts and polling places. 13 There are hereby established in the city the following 14 precincts and their respective polling places, as set forth below: 15 Precinct Polling Place 16 Alanton Alanton Elementary School 17 Aragona Kemps Landing Magnet School 18 Arrowhead Carrow Baptist Church 19 Avalon Avalon Church of Christ 20 21 Baker Herit.J.ge United Hethodiot Church Ebenezer Baptist Church 22 Bayside Bayside Elementary School 23 Bellamy Salem Middle School 24 Blackwater Blackwater Fire Station 25 Bonney Center for Effective Learning 26 Brandon Brandon Middle School 27 Brookwood Brookwood Elementary School 28 Buckner Holy Spirit Catholic Church 29 30 Cape Henry Research and Enlightenment Building (Edgar Cayce Library) 31 Capps Shop Back Bay Christian Assembly 32 Centerville Centerville Elementary School 33 Chesapeake Beach Bayside Baptist Church 34 College Park College Park Elementary School 35 Colonial Colonial Baptist Church 36 37 Colony Lynnhaven Church Colony Congregational 38 Corporate Landing Corporate Landing Middle School 39 Courthouse Courthouse Fire Station 40 Creeds Creeds Fire Station 41 Cromwell Salem United Methodist Church 42 Culver Ocean Lakes High School 43 Dahlia Green Run High School 44 Davis Corner Bettie F. Williams Elementary School 45 Eastern Shore Eastern Shore Chapel 46 Edinburgh St. Aidan's Episcopal Church 47 Edwin Kempsville Recreation Center 48 Fairfield Kempsville Presbyterian Church 49 Foxfire Princess Anne Middle School 50 Glenwood Glenwood Elementary School 51 Great Neck All Saints Episcopal Church 52 Green Run Green Run Elementary School 53 Holland Holland Elementary School 54 Homestead Providence Presbyterian Church 2 55 Hunt Princess Anne Recreation Center 56 Indian Lakes Indian Lakes Elementary School 57 Kings Grant St. Nicholas Catholic Church 58 Kingston Kingston Elementary School 59 Lake Smith Bayside Church of Christ 60 Landstown Landstown Community Church 61 Larkspur St. Andrews United Methodist Church 62 Linkhorn Virginia Beach Community Chapel 63 London Bridge London Bridge Baptist Church 64 Lynnhaven Grace Bible Church 65 Magic Hollow Roma Lodge No. 254 66 Malibu Malibu Elementary School 67 Manor Providence Elementary School 68 Mt. Trashmore Windsor Woods Elementary School 69 North Beach Galilee Episcopal Church 70 Ocean Lakes Ocean Lakes Elementary School 71 Ocean Park Bayside Community Recreation Center 72 73 Oceana Scott Memorial United Methodist Church 74 Old Donation Old Donation Center for Gifted 75 Pembroke Pembroke Elementary School 76 Plaza Lynnhaven Elementary School 77 78 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex 79 Point O'View Kempsville Church of Christ 3 80 Red Wing Birdneck Elementary School 81 Reon Woodstock Elementary School 82 Rock Lake Salem Elementary School 83 Rosemont Forest Rosemont Forest Elementary School 84 Roundhill Salem High School 85 86 Rudee Virginia Beach Volunteer Rescue Squad Building 87 Seatack Seatack Community Recreation Center 88 Shannon Church of the Ascension 89 Shelburne Christopher Farms Elementary School 90 Shell Unity Church of Tidewater 91 Shelton Park Shelton Park Elementary 92 Sherry Park St. Matthews Catholic Church 93 Sigma Red Mill Elementary School 94 South Beach Contemporary Art Center of Virginia 95 Stratford Chase Community United Methodist Church 96 Strawbridge Strawbridge Elementary School 97 Tallwood Tallwood Elementary School 98 Thalia Thalia Elementary School 99 Thoroughgood Independence Middle School 100 Timberlake White Oaks Elementary School 101 Trantwood Virginia Beach Christian Church 102 Upton St. John the Apostle Catholic Church 103 Village Thalia Lynn Baptist Church 104 Windsor Oaks Windsor Oaks Elementary School 4 105 106 107 108 109 110 (\ Ai i i> 'Y Witchduck Bayside Presbyterian Church Wolfsnare Virginia Beach Christian Life Center Central Absentee Voter Precinct Agriculture/Voter Registrar Building Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8th day of February, 2005. CA-9491 GG/ordres/proposed/10-1ord.doc R3 - January 26, 2005 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: Voter 5 - 30- Item V-K.4. ORDINANCES/RESOLUTIONS ITEM # 53564 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED until the City Council Session of February 22, 2005. Ordinance to AMEND the City's Open Air Cafe regulations to establish guidelines and allow sidewalk cafes between 15th and 24th Streets on Atlantic Avenue, 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 February 8, 2005 - 31 - Item V-K.5. ORDINANCES/RESOLUTIONS ITEM # 53565 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to RATIFY amendments to the Parks and Recreation Commission Bylaws to expand their membership to include two students with voting privileges; change the annual date of reporting to City Council from January to November; and, redefining a quorum, 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 February 8,2005 1 AN ORDINANCE TO RATIFY AMENDMENTS TO 2 THE BYLAWS OF THE PARKS AND RECREATION 3 COMMISSION 4 5 WHEREAS, the Parks and Recreation Commission on January 6, 6 2005, approved various changes to its Bylaws; and 7 WHEREAS, Article 9 of the Commission's Bylaws provides that 8 amendments to the Bylaws must be reviewed and ratified by City 9 Council; and 10 WHEREAS, City Council has reviewed these recommended 11 amendments and finds them to be acceptable; 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 That the City Council hereby ratifies the amendments to the 15 Bylaws of the Parks and Recreation Commission, as approved by the 16 Commission on January 6, 2005, a copy of which 1S attached hereto 17 as Exhibit 1 and hereby incorporated by reference. 18 19 Adopted by the City Council of the City of Virginia Beach, 20 Virginia, on this ~ day of DC~ r- ""ruary , 2005. APPROVED AS TO CONTENTS: p~~,on APPROVED AS TO LEGAL SUFFICIENCY: c~~e~ice CA-9372 PA/GG/ORDRES/BYLAW AMEND ORD.DOC R1 - February 1, 2005 ATTACHMENT 1 VIRGINIA BEACH PARKS AND RECREATION COMMISSION BY-LAWS The Virginia Beach Parks and Recreation Commission has adopted the following articles in order to facilitate its powers and duties in accordance with the provisions of the ordinances and resolutions of the City of Virginia Beach, Virginia. ARTICLE 1 That there is hereby created a Commission to be known as the Virginia Beach Parks and Recreation Commission, hereinafter referred to as the "Commission." ARTICLE 2 - Purpose of the Commission The Commission shall serve as an advisory body of the Virginia Beach City Council ("Council") for the purposes set forth in this article. The Commission shall serve as a liaison between Council, the City Manager, the Director of the Department of Parks and Recreation therewith, and the citizens of the City. The Commission shall consult with the advise the City Manager, the Director, and the Council in matters affecting open space, parks and recreation policies, programs, finances, and the acquisitions and disposal of lands and properties related to the total community and open space, parks and recreation programs, and to its long-range projected program for open space, parks and recreation. ARTICLE 3 - Membership Section 1. The Commission shall be comprised of twelve (12) members until such time that an at large member's term expires. Effective then, the Commission wifJ..-be comprised of eleven (11) thirteen (13) members. One (1) member shall be appointed by City Council from the residents of each of the City's seven (7) election districts, aAG the remaining four (4) members shall be appointed from the residents of the City at large, and two (2) additional members shall be hiqh school students (j) who reside in the City and (ii) attend different hiqh schools, Initially. a hiqh school senior shall be appointed for a one-year term, and a hiqh school iunior shall be appointed for a two- year term. Thereafter. hiqh school iuniors shall be appointed for two-year terms. Section 2. - Vacancies occasioned by removal, resignation, or otherwise, shall be reported to the Council, and shall be filled in like manner as original appointments, except that the term of office is restricted to the unexpired term of office. No member shall accumulate an annual total of more than three absences for reasons other than personal illness, the illness or death of a relative, or other circumstances beyond the member's control. If this limitation is exceeded, the Chairperson shall forthwith report to the City Clerk the name of the member whose unexcused absences exceed the 1 limitation, pursuant to Code of the City of Virginia Beach S 2-3.1. In the event of an anticipated absence, a member shall diligently attempt to notify the Secretary of the absence prior to the meeting. Section 3. - Members may be reimbursed for travel and subsistence to professional recreation meetings, conferences, and workshops. Such reimbursement may be made in compliance with the general policies of Virginia Beach upon authorization of the City Manager. ARTICLE 4 - Officers The officers of the Commission shall be Chairperson, Vice-Chairperson, and Secretary. The officers shall be elected at the organizational meeting to serve for one year or until a successor shall be elected. ARTICLE 5 - MeetinQs Section 1. - Regular meetings shall be held the first Thursday of each month during the year, or at such other time of the month as may be determined by majority vote of all members of the Commission. Section 2. - Special meetings may be called by the Chairperson or upon the written request of at least three members. Section 3. - The time and place for the meetings shall be designated by the Chairperson. Section 4. - The first meeting in September of each year shall be called the organizational meeting. The purpose of this meeting shall be the election of officers, review of the inventory report, and other business that may need to come before such meetings. The presentation of the annual report shall be in January November of each year. Section 5. - The majority of the members present and voting at any duly constituted meeting shall have the full authority of the Commission, provided that no fe'.over than seven voting members a maiority of the votinq members must be present to constitute a quorum, and no feYo'er than seven voting members shall constitute an organizational meetifl9 and thus shall constitute an orqanizational meetinq. Section 6. - All meetings are open to the public. Where allowed by the Freedom of Information Act, the Commission, by majority vote, may go into a closed meeting. Section 7. - Meetings shall be conducted in accordance with procedures prescribed in the by-laws. 2 Section 8. - The following shall be the order of business of the Commission, but the Rules of Order may be suspended and any matters considered or postponed by action of the Commission. Order of Business: Call to order Roll call Consideration of minutes of last regular meeting and of any special meetings held subsequently and their approval or amendment Correspondence Unfinished business Committee discussions Reports from Liaisons Report from Director New business - Adjournment Section 9. - The rules of procedures outlined in Robert's Rules of Order (revised), shall govern the Commission on all occasions in which they are applicable and in which they are not found inconsistent with the by-laws or special rules of the Commission. ARTICLE 6 - Duties and Responsibilities of the Commission Section 1. - The Commission shall make recommendations for approval by City Council. 1) The establishment of a system of supervised recreation for the City; to set apart for use as parks, playgrounds, recreation areas and structures, any lands, water areas, or buildings owned or leased to or controlled by the City and may suggest improvements of such lands or buildings and structures as may be necessary to the recreational program within funds allocated to the Department. 2) The Commission shall assist City Council and the City Manager by appointing subcommittees to study and evaluate certain matters dealing with Parks and Recreation as directed by City Council. Section 2. - The Commission shall advise Council in the acceptance of any grant, gift, bequest, or donation of any personal or real property offered or made available for recreational purposes and which is judged to be of present or possible future use for recreation, parks, or open space. Section 3. -The Commission shall interpret the recreation and park services of the Department to the community and interpret the needs and desires of the community to the Council, City Manager, and Director. Section 4. - The Commission shall determine and establish the general policies to be followed in carrying out the purposes for which the Commission was established. 3 Section 5. - Financial Duties and Responsibilities - The Commission shall have no authority to enter into any contract or incur any obligation binding the City. 1) The Commission shall assist the Director in the development and preparation of an annual budget for the Department to be submitted to the City Manager and subsequently to City Council, at the time designated by the City Manager. 2) The Commission shall assist the Director in the development and preparation of an annual budget for capital improvements (acquisition and development) in accordance with the plan for parks and recreation for the City. Section 6. - Planning Duties and Responsibilities - The Commission shall investigate and determine the needs and interests of the community for open space, recreation facilities and programs, and recommend open space areas, recreational programs, and facilities to meet these needs and interests. ARTICLE 7 - duties of Officers and Relationship of the Director of Parks and Recreation Section 1. - Chairperson - The Chairperson shall preside at all meetings, sign official papers, appoint committees, call special meetings when he or she deems it advisable, and perform all such duties as are usually handled by a Chairperson, except when such duties are properly delegated. The Chairperson may succeed himself or herself and shall be elected from the Commission members. Section 2. - Vice-Chairperson - The Vice-Chairperson shall perform all the duties of the Chairperson, in the absence of the Chairperson. The Vice-Chairperson shall be charged with the responsibility to see that all standing and temporary committees function as planned by the Commission. In the absence of both the Chairperson and Vice-Chairperson, the Commission shall elect a Chairperson Pro Tempore who shall perform the duties of the Chairperson. Section 3. - Secretary - The Secretary shall perform the usual duties pertaining to the office. The Secretary shall keep or cause to be kept a full and true permanent record of all meetings of the Commission. This includes regular and special meetings plus reports of standing committees and the Secretary shall be the custodian of all documents committed to his or her care. Section 4. - Executive Committee - The Executive Committee shall consist of the officers elected by the Commission. It will be their duty to review all matters to be brought before the entire Commission, make recommendations and prepare an agenda for the Commission meetings. Meetings of the Executive Committee will be held as called by the Chairperson. 4 Section 5. - Director's Relationship - The Director shall have a continuing responsibility to explain the organization, responsibilities, working relationships, and program objectives of the Department of Parks and Recreation to the Commission. The Director of Parks and Recreation shall work closely with the Commission in matters of interest to the Commission, involving the operation of an efficient parks and recreation program in the City of Virginia Beach. The Director is an ex-officio member (by virtue of his/her office) and attends the Commission meetings. The Director keeps the Commission informed concerning the interests, needs, objectives, the progress of plans, and other factors related to Parks and Recreation and considered to be of importance to the Commission. ARTICLE 8 - Reports The Commission shall make full and complete reports to the Council at such times as may be requested and at such other times as the Commission may deem proper. ARTICLE 9 - Amendments These by-laws may be amended at any regular meeting of the Commission by a majority of the entire Commission, provided previous notice of the nature of any proposed amendment shall have been given at least one regular meeting before the action thereon shall be taken and upon concurrence of the City Council of the City of Virginia Beach. The Commission's by-laws, rules, and regulations governing its procedure shall not be inconsistent with the provisions of the State laws and the approved ordinances and resolutions as set forth by the Virginia Beach City Council. 5 - 32- Item V-K.6. ORDINANCES/RESOLUTIONS ITEM # 53566 Patricia Phillips, Director of Finance, advised the grh Street Garage was built in the Spring of 1997 encompassing 212,910 square feet, The City leased the Parking Garagefrom VB South encompassing 610 spaces. The lease encompassed 20 years with several five-year renewal periods, The City pays rent annually between $850,000 and $860,000 and this rate rises every five (5) years. This will escalate to over $1- MILLION at some point. The City is responsible for all expenses, all capital maintenance, all costs of operation, The City receives the net revenue after payment of all costs. The parcel size is 1,5 acres. There are 853 total spaces on four (4) floors (189 on ground floor-owned by Burlage and 664 on floors 2-4, of which 54 spaces are leased to Burlage). In the agreement, there is a clause which allows the City to purchase the garage in the year 2007. The City is purchasing the 664 spaces on floors 2-4. On December 7, 2004, City Council adopted a Resolution that assigned City's leasehold interest in the 9th Street garage to the Virginia Beach Development Authority. The City Council requested and recommended the Virginia Beach Development Authority exercise the option under the lease to purchase the grh Street garage or negotiate with the owner of the garage for an earlier purchase. City Council authorized the City Manager to proceed with development of all necessary documents to support the Virginia Beach Development Authority in purchasing the garage. The Purchase Price is $9, 750,000 (negotiated price with owner for early purchase) Mrs, Phillips displayed the Garage Cost Comparisons' Chart which depicts the various prices the City has paid for garages, The grh Street price is favorable in comparison, Said chart is hereby made a part of the record. Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ESTABLISH a Capital Improvement Project (CIP) for the acquisition of the grh Street Garage; and, APPROPRIATE $9,750,000 to the Development Authority for this acquisition and establishing the funding source. Voting: 10-1 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Richard A. Maddox Council Members Absent: None February 8, 2005 1 AN ORDINANCE TO ESTABLISH CAPITAL IMPROVEMENT 2 PROJECT #9-070, "ACQUISITION OF THE 9TH STREET 3 GARAGE," AND TO APPROPRIATE $9,750,000 TO THIS 4 PROJECT TO FACILITATE THE DEVELOPMENT 5 AUTHORITY.S PURCHASE OF THE 9TH STREET GARAGE 6 7 8 WHEREAS, on December 7, 2004, the City Council directed 9 the City Manager to proceed with development of all necessary 10 documents to support the Virginia Beach Development Authority in 11 purchasing the 9th Street Garage. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 16 1. That Capital Improvement Project #9-070, "Acquisition 17 of the 9th Street Garage," is hereby established in the FY 2004-2005 18 Capital Budget. 19 2. That $9,750,000 in anticipated revenue from the 20 Development Authority is hereby appropriated to Capital 21 Improvement Project #9-070, "Acquisition of the 9th Street 22 Garage," with revenue from the proceeds of Public Facility 23 Revenue bonds to be issued by the Development Authority increased 24 accordingly. 25 3. That the City Manager is hereby authorized to enter 26 into an agreement providing the Development Authority with 27 $9,750,000 from Capital Improvement Project #9-070 to purchase 28 the 9th Street Garage, with this amount to be repaid to the City 29 from Public Facility Revenue bonds issued by the Development 30 Authority. Virginia, the 8th Adopted by the Council of the City of Virginia Beach, day on of February 2005 Requires an affirmative vote by a majority of the members of City Council. Approved as to Content: Jj~(l, CA-9495 R4 January 28, 2005 H:\PA\GG\ORDRES\9thst garage ord.doc Approved as to Legal Sufficiency: ? - 33- Item V-K. 7. ORDINANCES/RESOLUTIONS ITEM # 53567 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Resolution to AUTHORIZE the City to partner with the South African Cities Network (SACN) through the International City/County Management Association (ICMA) for economic development purposes, 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 February 8, 2005 1 2 3 4 5 6 7 8 RESOLUTION APPROVING AND AUTHORIZING THE CITY OF VIRGINIA BEACH TO PARTNER WITH THE SOUTH AFRICAN CITIES NETWORK (SACN) THROUGH THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION (ICMA) FOR ECONOMIC DEVELOPMENT PURPOSES 9 10 WHEREAS, the City of Virginia Beach has been recognized for its successful economic 11 development accomplishments; 12 WHEREAS, the City of Virginia Beach has been asked to participate, through the 13 International City/County Management Association, in an international task force focused on 14 improving the economy of the South African City (Johannesburg-Pretoria); 15 WHEREAS, the City's participation with the South African Cities Network will provide 16 new opportunities for international exposure and for showcasing the City's economic 17 development strategy and successes; and 18 WHEREAS, the City's participation with the South African Cities Network will promote 19 the City's role within the global market. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH: 22 That the City Council strongly supports the partnership, through the International 23 City/County Management Association, between the South African Cities Network and the City 24 of Virginia Beach for economic development purposes. 25 1 25 Adopted by the City of Virginia Beach City Council, on the 8..t.h- day of 26 February, 2005. 27 28 29 30 Approved as to Content: Approved as to Legal Sufficiency 31 (j~~ City Attorney 32 ~.\Th~~~ 33 ~~:;m~t:;~~~n~ Development 34 35 36 37 38 CA-9477 FIDalalATYIPolicy and AdmlnistratlonlGENERAL GOVERNMENT DIVISION - Team AIOrdlnances & Resolutions Prepared for CounclllSACN Res doc February 8, 2005 2 - 34- Item V-K.8. ORDINANCES/RESOLUTIONS ITEM # 53578 The following registered to speak in SUPPORT: Samuel G. Reid, 1533 Virginia Beach Boulevard, 23454, Phone: 437-5648, represented Oceana Gardens, presented discussion points to be submitted to the A/CUZ Task Force in order to provide measurable assurance to the Homeowners in the APZ-1 AREA, Said information is hereby made a part of the record. Joe Ferrara, 209 Cheltenham Square, Phone: 498-0650, retired Navy officer, expressed appreciation to City Council, submitted petitions signed by approximately 275 residents of the APZ opposing JL US recommended key point #10. Said petitions are hereby made a part of the record. Kristy L. Bliss, 204 Cheltenham Square, 23454, Phone: 431-8855, expressed appreciationfor the removal of JL us points 10 and 11, but wish to be assured Senate Bill 1 094 re condemnation will not be revisited. Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to delineate City Council's DECLINE for further consideration re Item 10 of the AICUZ Task Force's "JLUS Outcomes-Suggested Discussion Points" re voluntary purchase of property in the Accident Potential Zone 1. 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 L. Wood Council Members Voting Nay: None Council Members Absent: None February 8,2005 1 2 3 4 5 6 A RESOLUTION REMOVING FROM FURTHER CONSIDERATION ITEM TEN OF THE AICUZ TASK FORCE'S RECOMMENDATIONS, PERTAINING TO THE VOLUNTARY PURCHASE OF PROPERTY IN ACCIDENT POTENTIAL ZONE 1 7 WHEREAS, on December 9, 2003, the City Council 8 established the Task Force on Land Use in Air Installations 9 Compatible Use Zones (the "AICUZ Task Force") and charged 10 it with the duties, among others, to participate in the 11 Joint Land Use Study, a cooperative regional effort with the 12 Cities of Chesapeake and Norfolk and the United States Navy 13 to develop a series of policies relating to community 14 planning and jet noise; and 15 WHEREAS, on January 6, 2004, the City Council adopted 16 Resolution No. 3031, entitled "A Resolution Committing the 17 Ci ty to Participate in a Joint Land Use Study with the 18 Office of Economic Adj ustment of the Department of 19 Defense," which Resolution provided, among other things, 20 that "subject to the City Council's review and approval of 21 the report and recommendations contained in the Study, the 22 Ci ty shall implement such recommendations of the Study as 23 are appropriate;" and 24 WHEREAS, on January 3, 2005, the AICUZ Task Force 25 adopted, in a document entitled "JLUS Outcomes - Suggested 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Discussion Points," twenty-four (24) recommendations to the City Council concerning issues relating to community planning and jet noise; and WHEREAS, in response to public opposition to Item II, concerning the acquisition of houses in Accident Potential Zone 1 (APZ-1) by eminent domain, the City Council adopted Resolution No. 3110 on January 25, 2005, in which the City Council declined to adopt or give further consideration to Item 11; and WHEREAS, Item 10 of the AICUZ Task Force's recommendations states, USubject to the establishment of an adequate funding program, purchase homes in APZ-1 from willing sellers at fair market value;" and WHEREAS, on January 31, 2005 and February 2, 2005, the City's representatives on the Regional Joint Land Use Study Policy Committee conducted Town Hall style meetings concerning the AICUZ Task Force's recommendations, at which meetings many members of the public, including many owners of property in APZ-1, expressed their strong opposition to Item 10; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 2 48 That the City Council hereby declines to implement 49 Item 10 of the AICUZ Task Force's "JLUS Outcomes 50 Suggested Discussion Points, and removes Item 10 from 51 further consideration. 52 Adopted by the City Council of the City of Virginia 53 Beach on the Rth day of Februa:r;:y , 2005. 54 55 56 57 58 59 60 61 62 63 64 65 CA-9502 OID\Land USE\ordres\JLUSitem10res.doc February 3, 2005 R-1 Approved as to Legal Sufficiency: uJ/~ If;! /Y!~ City Attorney's Office 3 Item V-L. PLANNING 1. ENTERPRISE RENT-A-CAR 2. AT ASSOCIATES, L.L.P. 3. HERITAGE MOTOR CO., INC 4. FF ACQUISITIONS, L.L.C 5. JEFFREY P. KNIGHT 6. CITY OF REFUGE CHRISTIAN CHURCH 7. CITYVIEW ONE, L.L.C 8. GENERAL BOOTH STORAGE, INC 9.AGRICULTURAL RESERVE PROGRAM 10. CITY ZONING ORDINANCE - 35 - ITEM # 53579 CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT MODIFICATION OF CONDITIONS AMEND s6 of the Agricultural Land Preservation Ordinance RE "Area of Applicability" COMPREHENSIVE PLAN re Open Space/Recreation for the Transition Area AMEND and REORDAIN S 111 to define portable storage containers (PODS), and add S 208 re regulate the use and placement of these containers February 8,2005 - 36- Item V-L. PLANNING ITEM # 53580 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED IN ONE MOTION Items 1,2, 3, 4, 5, 6, 7, 8, 9a/b of the PLANNING BY CONSENT AGENDA. 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 ABSTAINED on L.4. (FF Acquisitions, L.L.C) as he was involved in a real estate transaction with the applicant. Councilman WoodDISCLOSED Pursuant to Conflict of Interests Act 92.2-3115 (H) re Item L. 7. (City View One, LLC). Councilman Wood advised Wall, Einhorn & Chern itzer, 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. Council Lady McClanan voted NAY on Item L. 7 (City View One, LLC) Council Lady McClanan and Councilman Schmidt voted NAY on Item L.9a/b (ARP/Transition Area) February 8,2005 - 37- Item V-L.1. PLANNING ITEM # 53581 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of ENTERPRISE RENT-A-CARfor a Conditional Use Permit ORDINANCE UPON APPLICATION OF ENTERPRISE RENT-A-CAR FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE RENTALS R020531222 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Enterprise Rent-A-Car for a Conditional Use Permit for motor vehicle rentals on property located at 3809 Princess Anne Road, Unit 108D (GPIN 14853414480000), DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The hours of operation shall be Monday through Friday, 8:00 AM until 6:00 PM, and Saturday, 9:00 AM until 12:00 PM. 2. The vehicles shall be parked and cleaned in a designated area. 3. There shall be no panel trucks, utility type trailers or moving type trucks available for rent at this site, 4. There shall be no vehicle repair performed on this site. There shall be no storage ofinoperable, wrecked or dismantled vehicles on this site. 5. Signs shall be limited to building signs only, There shall be no signs placed within the windows or on the doors. There shall be no pennants, banners, streamers or portable signs placed on the site or on the vehicles, 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 Eighth of February Two Thousand Four February 8, 2005 Item V-L.1. PLANNING Voting: - 38- ITEM # 53581 (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 L. Wood Council Members Voting Nay: None Council Members Absent: None February 8, 2005 - 39- Item V-L.2. PLANNING ITEM # 53582 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of AT ASSOCIATES, L.L.P. for a Conditional Use Permit ORDINANCE UPON APPLICATION OF AT ASSOCIATES, L.L.P. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES, RENTAL, AND SERVICE R020531223 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of A T Associates, L.L.P. for a Conditional Use Permit for motor vehicle sales, rental, and service on property located at 2717 Virginia Beach Boulevard (GPIN 14974479240000). DISTRICT 6 - BEACH. The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted site plan entitled BEACH FORD SHOWROOM, 2717 Virginia Beach Boulevard, Virginia Beach, Virginia ", prepared by Clark Nexsen Architecture and Engineering, dated November 1, 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. The proposed building shall be constructed substantially in accordance with the submitted architectural renderings entitled "NEWSHOWROOM FACILITY FOR BEACH FORD ", prepared by Clark Nexsen Architecture and Engineering. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department, 3, Landscapingfor the project shall meet the requirements of the Site Plan Ordinance for foundation landscaping, street frontage landscaping, interior parking lot and display area landscaping. 4, No outdoor speakers or public address system shall be permitted. 5. No vehicles shall be displayed on raised platforms. Vehicles shall be parked within the designated display areas. No vehicles shall be parked within any portion of the public right-of-way. 6. No advertising banners, streamers, balloons, pennants, or similar devices shall be permitted on any vehicles or the site. There shall be no signs in excess of four (4) square feet installed or displayed on the exterior or interior of the windows of the building. February 8,2005 - 40- Item V-L.2. PLANNING ITEM # 53582 (Continued) 7. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review, Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type offixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America along with requirements of the City of Virginia Beach lighting ordinance. 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 Eighth of February Two Thousand Four 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 February 8,2005 - 41 - Item V-L.3. PLANNING ITEM # 53583 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of HERITAGE MOTOR CO., INC.for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF HERITAGE MOTOR Co., INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES R020531224 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Heritage Motor Co., Inc. for a Conditional Use Permit for motor vehicle sales on property located at 5173 Shore Drive (GPIN 14790767060000). DISTRICT 4 BAYSIDE The following conditions shall be required: 1. The applicant shall submit a site plan for review and approval to the Department of Planning/Development Services Center before occupying the site or obtaining a business license, 2. The development of the site shall substantially adhere to the building elevation entitled "Proposed Elevations Heritage Motors Virginia Beach Virginia. ", dated October 19, 2004 and prepared by Covington Hendrix Architects, This elevation has been exhibited to City Council and is on file with the Department of Planning. 3. The development of the site shall substantially adhere to the site plan entitled "Heritage Motor Co. Inc. Concept Plan" dated November 11, 2004 and prepared by Langley and McDonald, Inc. This site plan has been exhibited to City Council and is on file with the Department of Planning. 4. The existing concrete pillars in the front of the building shall be removed. 5, Street front landscaping, using plantings recommended in the Shore Drive Corridor Plan Appendices, shall be provided along the entire frontage of the site. 6. The entire parking lot/display area shall be resurfaced. All required parking spaces must be remarked (painted) clearly on the site, including installing the required handicap spaces and ramps in accordance with Americans with Disabilities Act (ADA) regulations. 7. Vehicles are to be parked in the designated areas and no vehicles shall be parked within any portion of the public right-of way. February 8,2005 - 42- Item V-L.3. PLANNING ITEM # 53583 (Continued) 8. On-site vehicle or maintenance is permitted as an accessory use only for light mechanical work wholly within the building. Light mechanical work consists mainly of such things as fixing flat tires, replacing tires, windshield wipers, belts as needed. No outdoor storage of parts, tires or equipment is allowed. 9. The site shall be permitted a monument style freestanding sign, no more than eight (8) feet in height. There shall be no neon (or neon-like) signs or neon (or neon-like) accents installed on any wall area of the exterior of the building, windows, and/or doors, light poles or any other portion of the site. 10, There shall be no pennants, streamers, balloons, portable signs or banners displayed on the site or the vehicles. 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 Eighth of February 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 February 8, 2005 - 43- Item V-L.4. PLANNING ITEM # 53584 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of FF ACQUISITIONS, L.L.C.for a Conditional Use Permit ORDINANCE UPON APPLICATION OF FF ACQUISITIONS, L.L.c. FORA CONDITIONAL USE PERMIT FOR FUEL SALES R020531225 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application ofFF Acquisitions, LL C. for a Conditional Use Permit for fuel sales on property located at 2129 General Booth Boulevard (GPIN 24140867440000). DISTRICT 7 PRINCESS ANNE. The following conditions shall be required: 1. The canopy shall be constructed in substantial conformance with the elevation entitled, "FF Acquisitions Canopy," dated December 1, 2004, with a standing seam metal roof and brick columns that match that of the existing shopping center. The exception to this elevation shall be that the fascia panel shall not be white but rather a brown hue to complement the existing color scheme of the shopping center. Said revised elevation shall be submitted to the Planning Department for review and approval prior to the issuance of a final approved site plan. 2. The canopy shall be limited to approximately 50-foot by 67-foot, providing coverage for the four (4) fuel dispensers depicted on the submitted plan entitled "Site Plan for Proposed Fuel Center at Strawbridge Square Marketplace, " prepared by Burgess & Niple, dated November 22, 2004. 3, No sign age, lettering, clocks, striping or logo recognition (either through the use of slogans, lettering or colors) shall be permitted on the canopy. The canopy shall remain clear of any advertisement except for a sign identifYing the operator (Farm Fresh). 4, The proposed 10-foot by 10-foot building (kiosk) shall have an exterior building material of primarily brick, matching the colors of the canopy and the brick columns of the canopy, and shall be located as indicated on the plan identified above in Condition #1. 5. The canopy lighting shall be low level and recessed. The lighting level shall not exceed 50-foot-candles under the canopy. Verification, by a pre-approved third party source, such as an electrical engineer, of the lumen level shall be submitted to the current Planning Division of the City of Virginia Beach before the issuance of the Certificate of Occupancy with a photometric diagram plan of the canopy, February 8, 2005 - 44- Item V-L.4. PLANNING ITEM # 53584 (Continued) 6. No outdoor vending machines and/or the display of merchandise shall be allowed. 7. Additional improvements to the parking lot for the purposes of expanding the number of parking spaces shall adhere to the applicable standards set forth in the City of Virginia Beach Landscaping Guide, dated December 2002, and all other applicable requirements. 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 Eighth of February Two Thousand Five Voting: 10-0 (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 and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: James L. Wood Councilman Wood ABSTAINED as he was involved in a real estate transaction with the applicant. February 8, 2005 - 45 - Item V-L.5. PLANNING ITEM # 53587 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of JEFFREY P. KNIGHT for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JEFFREY P. KNIGHT FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (SALTWA TER HOBBYIST - DESIGN AND SALE OF RELA TED ITEMS) R020531226 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Jeffrey P. Knight for a Conditional Use Permit for a home occupation (saltwater hobbyist - design and sale of related items) on property located at 697 Masefield Circle (GPIN 14860648620000). DISTRICT 3 ROSE HALL The following conditions shall be required: 1. In accordance with Section 234 of the City of Virginia Beach's Zoning Ordinance, not more than twenty (20) percent of the floor area of the dwelling unit and accessory structure shall be used in conjunction with the home occupation and there shall be no identification signage for the business upon the property, 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 Eighth of February 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 February 8, 2005 - 46- Item V-L. 6. PLANNING ITEM # 53588 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of the CITY OF REFUGE CHRISTIAN CHURCHfor a Conditional Use Permitfor a child care education center, ORDINANCE UPON APPLICATION OF CITY OF REFUGE CHRISTIAN CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE EDUCATION CENTER R020531227 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of City of Refuge Christian Church for a Conditional Use Permit for a child care center on property located at 3420 Holland Road, Suites 103-105 (GPIN 14868230880000), DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the buildingfor the child care center. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 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 Eighth of February 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 February 8, 2005 - 47- Item V-L. 7. PLANNING ITEM # 53589 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED 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 Z02051214 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 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 R020531228 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of City View One, L.L. C. for a Conditional Use Permit for multifamily 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 The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Circuit Court and is hereby made a part of the record. These Ordinances 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 Eighth of February Two Thousand Five February 8, 2005 - 48- Item V-L. 7. PLANNING ITEM # 53589 (Continued) 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 Councilman Wood DISCLOSED Pursuant to Conflict of Interests Act 9 2.2-3115 (H) re Item L. 7. (City View One, LLC). Councilman Wood advised Wall, Einhorn & Chern itzer, P.e. 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. e. 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. February 8,2005 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5978 DATE: January 24,2005 FROM: Leslie L. Lilley William M. Macali l}f1 DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application - CityView, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 8,2005. I have reviewed the subject proffer agreement, dated March 31, 2004 and the right of way acquisition agreement, dated November 30,2004, and have determined them to be legally sufficient and in proper legal form. Copies of the agreements are 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 CITYVIEW ONE, L.L.C., a Virginia limited liability company SENTARA HEALTHCARE, a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 31st day of March 2004, by and between CITYVIEW ONE, L.L.C., a Virginia limited liability company, Grantor, party of the first part; SENTARA HEALTHCARE, a Virginia corporation, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of those certain parcels of property located in the Lynnhaven District of the City of Virginia Beach, containing approximately 23.82 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the party of the first part, being the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from 0-2 Office District to Conditional B-4C Central Business Mixed Use District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same GPIN: 1477-62-4691; 1477-62-3295; 1477-62-1346; 1477-72-0566; 1477-72- 1665; 1477-72-2699; 1477-72-4744; 1477-72-1810; 1477-73-1024; 1477-73-0276; 1477-72-4965; 1477-72-3965 PREPARED BY: SYKES BOURDON, AHERN & LEVY, P.C. 281 INDEPENDENCE BLVD. PEMBROKE ONE BUILDING, THE FIITH FLOOR VIRGINIA BEACH, VIRGINIA 23462 1 time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as 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 Grantors, their successors, personal representatives, 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 or quid pro qUO for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govem the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, subject to the prOVlSIons of proffers numbered 4 and 5, it shall be developed substantially as shown on the exhibits entitled "CityView Preliminary Concept Site Plan" and "CityView Development Plan", each dated 4/1/04, prepared by CMSS Architects, P.C., which have been exhibited to the Virginia Beach City Council and are on f1le with the Virginia Beach Department of Planning (hereinafter referred to as "Concept Plans"). 2. When the residential, non-residential and/ or mixed use buildings depicted on the Concept Plans are developed, they will be in substantial 2 compliance with the Mixed Use Development Guidelines contained in the Grantee's Comprehensive Land Use Plan and the exterior of the buildings shall be substantially similar in architectural features, details and appearance to the exhibits entitled, "Phase A - Elevations", "Phase B - Elevations", and "Aerial Rendering" for "CityView Bonney Road", prepared by CMSS Architects, P.C., which have been exhibited to the Virginia Beach City Council and are on me with the Virginia Beach Department of Planning (hereinafter "CityView Renderings") . 3. So long as Grantee does not tender a "Realignment Notice" as described in Paragraph 5 below, Grantor agrees to dedicate the depicted segment of Constitution Drive, which crosses "Phase B" of the Property, consistent with the alignment currently specified in Grantee's Master Transportation Plan. Grantor agrees to construct that portion of Constitution Drive as specified above, which crosses "Phase B" of the Property and is above the ten (10) foot contour line, substantially as shown on the exhibit entitled "Road Section", CityView Bonney Road, prepared by CMSS Architects, P.C., which has been exhibited to the Virginia Beach City Council and is on me with the Virginia Beach Department of Planning (hereinafter referred to as "Road Section") . 4. If requested by the Grantee, Grantor shall not submit and Grantee shall be under no obligation to review a final site plan, for any portion of the Property, prior to April 15, 2005. 5. In the event Grantee specifically notifies the Grantor, in writing, prior to April 15, 2005, of its decision to adopt a modified alignment of that segment of Constitution Drive which crosses the Property and/ or its decision to adopt a modified alignment of Bonney Road in a manner which relocates it upon the Property ("Realignment Notice"), the Grantor will adjust and revise the Concept Plan to (a) remove the alignment(s) now depicted and incorporate the modified alignment(s) as specified in the Notice; and (b) relocate and modify the building footprints consistent with the specifications contained in proffer number 2 above. The Director of the Virginia Beach Department of Planning shall determine whether Grantor's revised Concept Plan is consistent with proffer number 2. 3 6. In the event Grantee provides Grantor with the "Realignment Notice", Grantee's acquisition of those portions of the Constitution Drive and/ or Bonney Road right of way(s) located upon the Property shall be govemed by a "RIGHT OF WAY ACQUISITION AGREEMENT" dated November 30, 2004. 7. The buildings depicted on the Concept Plans may vary in the number of stories they contain from the buildings depicted on the CityView Renderings. The buildings within Phase A may range from 4 to 6 stories in height. The buildings within Phase B may vary from 3 to 15 stories in height. 8. When Phase B as depicted on the Concept Plans is fully developed, there will be a minimum of 45,000 square feet of building area devoted to non- residential uses. The buildings within Phase B may contain 470 residential units or such larger number as may be permitted under Section 902(b)(7) of the Comprehensive Zoning Ordinance. Parking will be provided in accordance with the requirements of the B-4C Central Business Mixed Use District. 9. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the 0-2 and B-4C Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors 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 4 by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 5 ( (- WITNESS the following signature and seal: GRANTOR: Sentara Healthcare, a Virginia corporation By: ~~ \tl \I' \ ..~~ (SEAL) Donald V. Je1lig, Vi~e sident STATE OF NIRGI~ CITY OF /'iliJ ;flL~ ~~"-- , to-wit: r The foregoing instrument was acknowledged before me this/~ day of April, 2004, by Donald V. Jellig, Vice President of Sentara Healthcare, a Virginia corporation, Grantor. 4~ ck' ~~~ Notary Public My Commission Expires: .3 - 3f -()), 6 WITNESS the following signature and seal: GRANTOR: CityView ONE, L.L.C., a Virginia limited liability company BY~ ~ '-, ~ ~... (SEAL) F. Andrew Heatwole, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was aclmowledged before me this 1st day of April, 2004, by F. Andrew Heatwole, Managing Member of CityView One, L.L.C., a Virginia limited liability company, Grantor. ~~--% /! // n1 e!!mJ:fl Notary Public My Commission Expires: August 31, 2006 7 EXHIBIT" A" All those certain tracts, pieces or parcels of land situate, lying and being on the North and South sides of Bonney Road in the City of Virginia Beach, Virginia, together with any buildings and improvements thereon and all appurtenances thereunto belonging, including riparian rights incident thereto, and being known and designated as "PARCEL A AREA = 11.86 Ac." and "PARCEL B AREA = 11.96 Ac." as shown on Sheets 1 and 2 of that certain plat entitled "BOUNDARY LINE SURVEY OF PROPERTY STANDING IN THE NAME OF BONNEY ROAD OFFICE PARK ASSOCIATES BONNEY ROAD OFFICE PARK ASSOCIATES II & III KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated February 3,1986, Scale 1" = 100', made by Langley and McDonald, a professional corporation, Engineers-Planners-Surveyors, which said plat is dwy recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2498, at Page 1012, reference being made to said plat for a more particular description of said property. GPIN: 1477-62-4691 1477-62-3295 1477-62-1346 1477 -72-0566 1477-72-1665 1477-72-2699 1477-72-4744 1477-72-1810 1477-73-1024 1477-73-0276 1477 -72-4965 1477 -72-3965 CONDITIONALREZONING /CITYVIEWONE/PROFFERll REV. 11/30/04 8 . .-- RIGHT OF WAY ACQUISITION AGREEMENT THIS AGREEMENT, made this 30th day of November, 2004, by and between CITYVIEW ONE, L.L.C., a Virginia limited liability company (hereinafter sometimes referred to as "Cityview"), and the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "City"). PREPARED BY: WITNESSETH: WHEREAS, Cityview, as contract purchaser of certain real property located in the City of Virginia Beach, which property is more particularly described in Exhibit "A" attached hereto and incorporated herewith by reference, (hereinafter referred to as the "Property"), has a pending application to conditionally rezone the Property from Unconditional 0-2 Office District to Conditional B-4C Mixed Use District before the Virginia Beach City Council; and WHEREAS, the proffered "Concept Plans" for development of the Property, submitted by Cityview incorporate the existing alignments of the public right of ways known as Constitution Drive and Bonney Road as contained in the City's Master Transportation Plan and the City's Capital Improvement Project # 2-208 Constitution Drive Extended; and WHEREAS, the Virginia Department of Transportation has recently undertaken a study' to evaluate possible realignment and/ or relocation of that portion of Bonney Road between Independence Boulevard and S. Gum Avenue and that portion of Constitution Drive Extended located south of the Town Center; and WHEREAS, Cityview, acknowledges and agrees that its conceptual development plan as proffered with its conditional rezoning application, is potentially in conflict with the new altemative alignments being studied by the Virginia Department of Transportation; and WHEREAS, Cityview, for itself, its successors, assigns, grantees, and heirs voluntarily without any elements of quid pro quo for rezoning approval, agrees to the conditions and restrictions set forth herein which are intended to preserve the City's ability to acquire those portions of either right of way which the City may determine to realign upon the Property at current "fair market value" based upon the Property's current 0-2 Zoning in a timely manner; and lIB SYI:IS. ROURDON. .. AlIfRN & 1M. P.c. 1 PREPARED BY: WHEREAS, Cityview has requested to be permitted to proceed with its conditional rezoning application in a timely manner for contractual reasons, and the City is willing to permit the application to proceed to a public hearing before the Virginia Beach City Council under certain conditions. NOW, THEREFORE, for valuable consideration the receipt and sufficiency of which is hereby acknowledged by both Cityview and the City, the parties to this Agreement do hereby covenant and agree as follows: 1. The covenants, conditions and agreements contained herein are expressly subject to and contingent upon approval of this agreement by the City Council of the City of Virginia Beach, at its February 8, 2005 Public Hearing, in conjunction with requested approval of the pending application of Cityview for a conditional rezoning of the Property from Unconditional 0-2 to Conditional B-4C. 2. In the event the City tenders the "Realignment Notice" to Cityviewas described in Proffer number 5 contained in the parties "Proffered Covenants, Restrictions and Conditions dated March 31, 2004, Cityview agrees to convey to the City and the City shall take those actions necessary to acquire from Cityview, those portions of the Cityview Property which are (a) within the realigned right of way(s) of Constitution Drive and/or Bonney Road, and (b) rendered undevelopable as a consequence of the realignment (the "Acquisition Area"). For purposes of this Agreement, portions of the Cityview Property rendered undevelopable as a consequence of such realignment shall be those portions of the Cityview Property that consist of lots created as a result of the acquisition by the City of the realigned right of way(s) of Constitution Drive and/or Bonney Road and that cannot be developed as a result of the application of the City's or other govemmental entity's laws, ordinances, rules or regulations or be combined with any other Cityview property in such manner as to create a developable lot. 3. The parties acknowledge and agree that the valuation of the Acquisition Area shall be based upon the Fair Market Value of the Property as of December 1, 2004 with the current Unconditional 0-2 Office District Zoning. 4. The parties acknowledge and agree that, upon tender of the Realignment Notice, the parties shall attempt to negotiate an agreed upon purchase price for the Acquisition Area. If the parties are not able to reach an ma sYns. 1l0URDON. _ AHffiN & liVY. P.c. 2 PREPARED BY: agreement as to the Purchase Price by June 1, 2005, each party shall retain a duly licensed MAl appraiser to ascertain the value of the Acquisition Area and submit a written report of his/her basis for the valuation by September 1, 2005 ("valuations"). The parties shall exchange their respective appraiser's valuations by no later than September 10, 2005. In the event the difference between the two (2) valuations is less than or equal to ten percent (10%) of the greater of the two (2) valuations, the parties agree that the purchase price for the Acquisition Area shall be the lower of the two (2) valuations plus fIfty percent (50%) of the difference between the two (2) valuations (i.e. higher valuation minus lower valuation, equals difference, multiplied by 50%). In the event the difference in the two (2) valuations exceeds ten percent (10%) and the parties cannot agree upon a purchase price, the two (2) appraisers shall, by October 1, 2005, select a third appraiser ("Final Appraiser") who shall review the two (2) valuations, conduct any additional research deemed necessary and issue a report of his determination of value, which value shall not be lower than the lesser of the two (2) appraisals nor higher than the higher of the two (2) appraisals. The Final Appraiser's report shall be complete by December 1, 2005, and the parties agree that the Acquisition Area valuation as determined by the Final Appraiser shall be the binding purchase price. Each party shall be responsible for its own appraisers' fees and expenses and one-half (~) the fees and expenses of the Final Appraiser. 5. Subject to appropriation of the necessary funds by the City Council in the same fIscal year in which payment is to be made pursuant to this paragraph, the City shall pay to Cityview the purchase price for the Acquisition Area by no later than March 1, 2006, time being of the essence. In the event the City shall fail to appropriate the necessary funds or to pay to Cityview the purchase price for the Acquisition Area as contemplated herein, this Agreement shall be null and void and of no force or effect, it being the intention of the parties that in such an event, the City will acquire the Acquisition Area either pursuant to a new agreement of the parties or by eminent domain at the fair market value of the Acquisition Area as of the date of recordation of a Certificate of Condemnation. aa Syn:s. ROURDON. MAHrnN & Lffi'. P.c. 3 PREPARED BY: IBID SillS. BOURDON. m AHBrn & llVY. P.c. WITNESS the following signatures and seals: CITYVIEW ONE, L.L.C. a Virginia limited liability company B~~----~ Title: F. Andrew Heatwole, Managing Member (SEAL) THE CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia By: Title: (SEAL) APPROVED AS TO FORM: Signature - City Attorney STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Anita R. H. McCorkle, a Notary Public in and for the City and State aforesaid, do hereby certify that F. Andrew Heatwole, Managing Member of CityView One, L.L.C., a Virginia limited liability company, whose name is signed to the foregoing instrument, has acknowledged the same before me in my City and State aforesaid. He is personally known to me GWEN under my hand this 3rd day of December, 2004. A- U If" ~~,I//? ,. ./ y:; - ,/1: /7 ( . r, r:6:f'J Notary Public My Commission Expires: August 31, 2006 4 PREPARED BY: ESffiS. ROURDON. .. AHrnN & liVY. P.C STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/ AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO ~ 2-154 OF THE CITY CODE, whose name is signed to the foregoing agreement, bearing date the 30th day of November, 2004, has acknowledged the same before me in my City and State aforesaid. He/She is personally known to me. GIVEN under my hand this _ day of December, 2004. Notary Public My Commission Expires: 5 . r EXHIBIT" A" All those certain tracts, pieces or parcels of land situate, lying and being on the North and South sides of Bonney Road in the City of Virginia Beach, Virginia, together with any buildings and improvements thereon and all appurtenances thereunto belonging, including riparian rights incident thereto, and being known and designated as "PARCEL A AREA = 11.86 Ac." and "PARCEL B AREA = 11.96 Ac." as shown on Sheets 1 and 2 of that certain plat entitled "BOUNDARY LINE SURVEY OF PROPERTY STANDING IN THE NAME OF BONNEY ROAD OFFICE PARK ASSOCIATES BONNEY ROAD OFFICE PARK ASSOCIATES II & III KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated February 3, 1986, Scale 1" = 100', made by Langley and McDonald, a professional corporation, Engineers-Planners-Surveyors, which said plat is duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2498, at Page 1012, reference being made to said plat for a more particular description of said property. GPIN: 1477-62-4691 1477-62-3295 1477-62-1346 1477 -72-0566 1477-72-1665 1477-72-2699 1477-72-4744 1477-72-1810 1477-73-1024 1477-73-0276 1477 -72-4965 1477-72-3965 CONDITIONALREZONE/ CITYVIEWONE/ AGREEMENT2 PREPARED BY: IIIB SYU:S. nOURDON, .. AHrnN & liVY. p.e 6 - 49- Item V-L.8. PLANNING ITEM # 53590 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council, upon application of GENERAL BOOTH STORAGE, INC. ,MODIFIED Conditions to allow expansion of a mini-warehouse facility (approved by City Council on October 9, 2001 and June 11, 2002) ORDINANCE UPON APPLICATION OF GENERAL BOOTH STORAGE, INC. FOR THE MODIFICATION OF CONDITIONS FOR APPLICATIONS APPROVED BY CITY COUNCIL ON OCTOBER 9, 2001 AND JUNE 11,2002, BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of General Booth Storage, Inc. for the Modification of Conditions for Applications approved by City Council on October 9,2001 and June 11, 2002, Property is located on the west side of General Booth Boulevard, 432.80 feet north of Dam Neck Road (GPINS 24154642530000; 24154631630000; 24154681540000; 24154690100000). DISTRIC T 6 - BEACH. The following conditions shall be required: 1. This Conditional Use Permit negates all conditions associated with the previous Modification of Conditions approved by City Council on June 6, 2002. 2. All conditions associated with the Conditional Use Permit granted on October 9, 2001 remain in effect. 3. The proposed mini-storage addition shall be developed in substantial conformance with the plan entitled "Landscape Plan for Mini-Price Self Storage, General Booth Boulevard, Phase 2" dated November 1, 2004 and prepared by Site Improvement Associates, Inc, This plan has been exhibited to City Council and is on file with the Department of Planning. 4. The proposed mini-storage addition shall be developed in substantial conformance with the building elevation entitled "Mini-Price Self Storage at General Booth Boulevard, Phase 2" prepared by Covington Hendrix Architects. This elevation has been exhibited to City Council and is on file with the Department of Planning. 5. If a right-of way reservation is required along the frontage of this site during detailed site plan review, the plan must be revised to meet the required front yard setback for the fence and building of 35 feet from the reservation line. February 8, 2005 - 50- Item V-L.8. PLANNING ITEM # 53590 (Conitnued) 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 Eighth of February 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, OberndorJ, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 8,2005 - 51 - Item V-L.9. PLANNING ITEM # 53591 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED Ordinances to AMEND: a. the Agricultural Reserve Program" (ARP) 9 6 of the Agricultural Lands Preservation Ordinance re the "Area of Applicability" to encourage use of the entire Transition Area b. the Comprehensive Plan re Open Space/Recreation for the Transition Area Voting: 9-2 (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, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan and Peter W Schmidt Council Members Absent: None February 8,2005 1 REQUESTED BY COUNCILMEMBER JIM REEVE 2 3 4 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN 5 PERTAINING TO THE OPEN SPACE/RECREATION 6 ELEMENT FOR THE TRANSITION AREA 7 8 WHEREAS, the public necessity, convenience, general welfare 9 and good zoning practice so require; 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 That the portion of the Comprehensive Plan pertaining to the 13 open space/recreation element for the Transition Area is hereby 14 amended and reordained, to read as follows: 15 CHAPTER FIVE 16 PRINCESS ANNE (for.merly the Transition Area) 17 18 IMPLEMENTING THE VISION 19 In order to achieve our vision for the Transition Area, 20 critical elements necessary to implement this vision must be 21 defined. This plan identifies four elements: 22 1. Natural Resources 23 2. Open Space/Recreation 24 3. Developmental Design 25 4. Infrastructure 26 The following section outlines key objectives for each element 27 and provides useful recommendations that should be integrated, 1 28 whenever possible, into development plans affecting this important 29 area of the city. 30 31 32 33 2. OPEN SPACE/RECREATION Specific recreational and open space amenities associated with 34 the Transition Area must be managed and protected through the 35 following policies: 36 37 . Encourage landowners to utilize the Agricultural Reserve 38 Program in the portion of the Transition Area loc~ted e~ot of 39 Weot Neck Creek, where opportunities exist. 40 41 Adopted by the City Council of the City of Virginia Beach, 42 Virginia, on the 8th day of February, 2005. 2 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO AMEND SECTION 6 OF THE AGRICULTURAL LANDS PRESERVATION ORDINANCE, PERTAINING TO THE AREA OF APPLICABILITY OF THE AGRICULTURAL RESERVE PROGRAM BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 That Section 6 of the Agricultural Lands Preservation 12 Ordinance (City Code Appendix J) is hereby amended and 13 reordained, to read as follows: 14 APPENDIX J. AGRICULTURAL RESERVE PROGRAM 15 16 Sec. 6. Applicability. 17 The agricultural reserve program shall apply in that 18 portion of the city delineated on the map entitled "Area of 19 Applicability, Agricultural Reserve Program," dated June 2000 20 February 2005, which map has been exhibited to the City 21 Council and is on file in the department of agriculture, 22 except in those areas under the ownership or control of the 23 United States of America or the Commonwealth of Virginia, or 24 an agency or instrumentality thereof. 25 Nothing in this Ordinance shall be construed as a 26 limitation upon the City's authority to acquire land for 27 public purposes other than those set forth in this Ordinance. 28 ~ 29 Adopted by the City Council of the City of Virginia Beach, 30 Virginia, on this 8th day of February, 2005. 2 - 52- Item V-L.I0. PLANNING ITEM # 53592 Karen Lasley, Zoning Administrator, presented the changes (as suggested by City Council during the January 25, 2005, City Council Session), re the Portable Storage Containers. The following registered in SUPPORT: Attorney R.. J. Nutter, 222 Central Park Avenue, Phone: 687-7500, represented the Hampton Roads Self Storage Association in SUPPORT of the fee; however, many members believe the fee should be $25.00, Attorney Nutter supported reduced signage and one sign per container at 6 square feet, limiting the time a container may be in residential or commercial area to thirty (30) days for construction and renovations, Mr. Nutter advised the Association consists offorty-nine (49) facilities generating an income to the City of $3-MILLION per year. He requested a permit fee for the 72 hours. Daniel Baxter, 2001 Drumheller Court, Chairman of the Clean Community Commission and President of the Council of Civic Organizations Johnnie S. Miller, 4750 Post Oak Drive, Phone: 467-1549, Past President of Garden Clubs and Beautification Commission Jessica O'Connor 800 Linkhorn Drive, Phone: 428-3994, reprsented the Virginia Beach Beautification Commission The following registered in OPPOSITION: Attorney Stephen R. Romine, 999 Waterside Drive, Phone: 343-3981, represented SmartBox, OPPOSED to the current Revised Ordinance and requested an effective date of June 1, 2005, rather than March 15, 2005. Lisa Murphy, 989 Waterside Drive, Phone: 572-3942, represented SmartBox Don Bilbo, 119 Bruton Court, Suite B, Chesapeake, Phone: 681-9246, building contractor Jeff Brooks, 1378 London Bridge Road, Phone: 427-9500, represented Brooks Transfer and Storage and a portable storage company, Aardvark C. Connors, 1648 Columbia Avenue, Phone: 627-8263 Grace Ramos, 5182 Wittie Circle, Phone; 479-2543, Tracy Peterson, 4816 Pods Way, Chesapeake, Virginia 23320, Phone: 545-7220, Partner - PODS Timothy Roethell, 4816 Pods Way, Chesapeake, Virginia 23320, Phone: 545-7220, Partner - PODS Steven Bartneck, 508 White Oak Drive, Phone: 672-6145 Clark Glave, 5939 Thurston Avenue, Phone: (804) 683-6906, co-owner of SmartBox John Coor, 5939 Thurston Avenue, Phone: (804) 301-4345, co-owner of Smart Box Rad Bareford, Phone: 438-8119, represented SmartBox Rob Peterson, 4816 Pods Way, Chesapeake, Virginia 23320, Phone: 545-7220, Partner - PODS Jacqueline Cosentino, Rio Vista Drive, Clearwater, Florida, Vice President of Regula tory Affairs for PODS, Attorney Les Watson, One Columbus Center, Suite 1100, Phone: 497-6633, represented PODS Attorney David N Reda, One Columbus Center, Suite 1100, Phone: 554-0237, represented PODS A MOTION was made by Councilman Wood, seconded by Councilman Schmidt, to ADOPT, AS AMENDED *, Ordinance to AMEND and REORDAIN j III of the City Zoning Ordinance (CZO) to define portable storage containers (PODS); and, ADD j 208 to regulate the use and placement of these containers. February 8, 2005 - 53- Item V-L.I0. PLANNING ITEM # 53592 (Continued) * Line 71 shall be amended: "no more than two one sign having a maximum area ofllille (9) six (6) square feet per sign... " *Line 100 shall be amended: "..but not to exceed a total of sixty ('60) thirty (30) days in any six (6) - month period. *At the end of Line 101, the following language shall be added "In addition, such containers shall be allowed in accordance with the provisions of Subdivision (1), of Subsection (d) in conjunction with the construction of multiple -family dwellings; and.., " *Line 228: "That, this Ordinance shall be effective as ofMa! ch "5, 2005 June 1,2005, " Upon SUBSTITUTE MOTION by Councilman Villanueva, seconded by Councilman Maddox, Amendments * were delineated: *Lines 61-66 shall read: "..no more than one (1) portable storage container having a storage capacity greater than three hundred fifty (350) cubic feet, or no more than two-fZ) three (3) portable storage containers, each having a storage capacity no greater than three hundred fifty (350) cubic fee, shall be allowed on a zoning lot. " *Page 5, line 112 to 115 shall read: "Such containers may be located on any portion of a drivewayfor-a maxi1llUlh pel iod of 5eventy-t.~o (72) hours." (Which would mean the unit may remain for 16 days) Voting: 8-3 Council Members Voting Aye: Harry E, Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A, Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: Mayor Meyera E. Oberndorf, Reba S. McClanan and James L. Wood Council Members Absent: None February 8, 2005 - 54- Item V-L.I0. PLANNING ITEM # 53592 (Continued) A MOTION was made by Council Lady Wilson, seconded by Councilman Schmidt to AMEND the Ordinance to reflect "one sign per lot be allowed". Upon MOTION by Councilman Reeve, seconded by Councilman Maddox, the following Amendment* was delineated: *One (1) sign per box, having a maximum area of six (6) square feet. Voting: 7-4 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Ron A, Villanueva and James L. Wood Council Members Voting Nay: Mayor Meyera E, OberndorJ, Reba S. McClanan, Peter W Schmidt and Rosemary Wilson Council Members Absent: None February 8,2005 - 55 - Item V-L.l0. PLANNING ITEM # 53592 (Continued) Upon MOTION by Councilman Wood, seconded by Councilman Schmidt, City Council ADOPTED, AS AMENDED * Ordinance to AMEND and REORDAIN 9 III of the City Zoning Ordinance (CZO) to define portable storage containers (PODS); and, ADD 9 208 to regulate the use and placement of these containers. *Thirty (30) days rather than sixty (60) days for single family duplex construction. The ordinance effective date would be June 1,2005, Treatment of multi-family dwelling construction shall be the same as construction in any hotel, office, RT-1 and RT-2 Resort Tourist Districts (an unlimited number of containersfor new construction of multiple family dwellings during the life of the building permit), Lines 61-66 shall read: ".. no more than one (I) portable storage container having a storage capacity greater than three hundredfifty (350) cubicfeet, or no more than twrrfZ) three (3) portable storage containers, each having a storage capacity no greater than three hundred fifty (350) cubic fee, shall be allowed on a zoning lot. " * Page 5, line 112 to 115 shall read: "Such containers may be located on any portion of a drivewayfor-ct maximum pe, lad of.se vellty t v~o (72) haUl ;s," (Which would mean the unit may remain for 16 days) *One (I) sign per box, having a maximum area of six (6) square feet. Deputy City Attorney Macali advised the vote also includes: "One permit per box". Voting: 9-2 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan and Mayor Meyera E. Oberndorf Council Members Absent: None February 8,2005 ADOPTED VERSION AN ORDINANCE TO AMEND AND REORDAIN THE CITY ZONING ORDINANCE BY AMENDING SECTION 111 TO ADD A DEFINITION OF THE TERM "PORTABLE STORAGE CONTAINER" AND ADDING A NEW SECTION 208, REGULATING THE USE AND PLACEMENT OF PORTABLE STORAGE CONTAINERS 1 2 Section Amended: City Zoning Ordinance ~ 111 3 Section Added: City Zoning Ordinance ~ 208 4 5 6 WHEREAS, the public necessity, convenience, general welfare 7 and good zoning practice so require; 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 111 of the City Zoning Ordinance is hereby 11 amended and reordained, and a new Section 208 is hereby added, 12 to read as follows: 13 See. 111. Definitions. 14 For the purpose of this ordinance, words used in the 15 present tense shall include the future; words used in the 16 singular number include the plural and the plural the singular; 17 the use of any gender shall be applicable to all genders; the 18 word "shall" is mandatory; the word "may" is permissive; the 19 word "land" includes only the area described as being above mean 20 sea level; and the word "person" includes an individual, a 21 partnership, association, or corporation. 22 In addition, the following terms shall be defined as herein 23 indicated: 24 25 Portable storage container. A portable, weather-resistant 26 receptacle designed and used for the storage or shipment of 27 household goods, wares, building materials or merchandise. The 28 term shall not include yard waste containers provided by the 29 City pursuant to City Code Section 31-35, roll-off containers, 30 or containers having a storage capacity of less than one hundred 31 fifty (150) cubic feet. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL DISTRICTS A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF STREET PARKING AND OFF-STREET LOADING Sec. 208. Portable Storage Containers. Portable storage containers located outside of an enclosed 47 building or structure shall be allowed only as specified in this 48 section and subject to the following regulations: 49 (a) General requirements. The following requirements 50 shall apply to portable storage containers in all districts: 2 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 (1) Except in the I-2 Industrial District, or as allowed by conditional use permit in a district in which bulk storage is allowed as a conditional use, or as specifically otherwise provided in Subdivision (1) of Subsection (d), no more than one (1 ) portable storage container having a storage capacity greater than three hundred fifty (350) cubic feet, or no more than three (3) portable storage containers, each having a storage capacity no greater than three hundred fifty (350) cubic feet, shall be allowed on a zoning lot. No portable storage container shall have dimensions greater than sixteen feet (16') in length, eight feet (8') in width or eight and one-half feet (8-1/2') in height; (2) No more than one sign having a maximum area of six (6) square feet per sign may be displayed on any portable storage container; (3) Except as provided in Subdi vision (2 ) of Subsection (b), no portable storage container shall be located (i) closer than five feet (5') to any side or rear lot line, or (ii) on any portion of a lot except behind the nearest 3 74 75 76 77 78 79 80 81 82 83 portion of the principal building adj acent to a public street. On lots where there is no principal structure, shall comply with portable storage containers the front yard setback requirements of the zoning district; and (4) All portable storage containers in use on a lot shall be in a condition free from rust, peeling paint and other visible forms of deterioration. (b) Residential, Apartment and RT-3 and RT-4 Resort Tourist Districts. In Residential and Apartment Districts and 84 on lots in the RT-3 and RT-4 Resort Tourist Districts on which 85 the principal use is residential in nature, portable storage 86 containers shall be allowed in accordance with the provisions of 87 Subsection (a) for a period not exceeding a total of sixteen 88 (16) days in any consecutive six (6) - month period, except 89 that: 90 91 92 93 94 95 96 (1) Portable storage containers shall be allowed during construction, reconstruction, alteration or renovation of the principal structure and for an additional period of twenty-four (24) hours before and after such activity, but not to exceed a total of thirty (30) days in any six (6) month period. In addition, such containers shall 4 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 be allowed in accordance with the provisions of Subdivision (1) of Subsection (d) in conj unction with the construction of multiple-family dwellings; and (2) If by reason of site conditions portable storage containers cannot be located in conformity with the provisions of Subdivision (3) of Subsection (a) , such containers may be located on a a portion of the driveway required parking spaces is driveway, so long as equivalent to two (2) unobstructed and no such container is located closer than ten (10) feet to the paved portion of any street. If, however, site conditions prevent such containers from being located in conformity with the provisions of this subdivision, such containers may be located on any portion of a driveway. On lots in the RT-3 and RT-4 Resort Tourist Districts on 115 which the principal use is commercial in nature, portable 116 storage containers shall be allowed in accordance with the 117 provisions of subsection (d). 118 (c) Agricultural Districts. On lots in Agricultural 119 Districts on which the principal use is a bona fide agricultural 5 120 activity, there shall be no restrictions upon the use of 121 portable storage containers in connection with such agricultural 122 acti vi ty, and no permit shall be required. On lots where the 123 principal use is other than agricultural, or where portable 124 125 126 127 128 storage containers used for purposes other than in are connection with bona fide agricultural requirements of Subsection (b) shall apply. (d) Hotel, Office and RT-l and RT-2 acti vi ty, the Resort Tourist Districts. In Hotel, Office and RT-1 and RT-2 Resort Tourist 129 Districts, portable storage containers shall be allowed as 130 follows: 131 132 133 134 135 136 137 138 139 140 141 (1) When used in connection with fide bona construction activity on the site and for an additional period of twenty-four (24 ) hours before and after such activity, portable storage containers shall be allowed without limitation as to the number of portable storage containers; and (2) Portable storage containers shall be allowed for a period not exceeding sixteen (16) days when used in connection with the moving or relocation of a commercial establishment located, or to be located, on the site. 6 142 (e) Business and Industrial Districts. In Business and I- 143 1 Industrial Districts, portable storage containers shall be 144 allowed as provided in Subsection (d), and in addition thereto, 145 such containers may be allowed pursuant to a conditional use 146 permit for bulk storage where provided by district regulations. 147 In the I-2 Industrial District, portable storage containers 148 shall be allowed in accordance with the provisions of this 149 150 Ordinance pertaining to bulk storage yards. (f) Permits. Except as provided in Subsection (c) , 151 portable storage containers in all districts shall be allowed 152 only upon issuance of a permit by the Zoning Administrator. 153 Permi ts shall be displayed on the outside of the container in 154 such manner as to be plainly visible from the nearest street. 155 The fee for permits shall be Fifteen Dollars ($15.00) per zoning 156 lot on which one or more containers are located, except that 157 there shall be no fee if such containers are to be located on a 158 site for no longer than seventy-two (72) hours. 159 (g) Violations; penalties. Any person who violates any of 160 the provisions of this section shall be assessed a civil penalty 161 in the amount of one hundred dollars ($100.00) for the initial 162 violation and two hundred fifty dollars ($250.00) for each 163 additional violation. The assessment of a civil penalty shall 164 not preclude the institution of a civil action by the zoning 7 165 administrator pursuant to'section 103(a) of this ordinance, but 166 no such violation shall be prosecuted as a criminal misdemeanor. 167 Each day during which the violation is found to have existed 168 shall constitute a separate offense; provided, however, that 169 specified violations arising from the same operative set of 170 facts shall not be charged more frequently than once in any ten- 171 day period, and a series of specified violations arising from 172 the same operative set of facts shall not result in civil 173 penalties which exceed a total of five thousand dollars 174 ($5,000.00) . The procedure in cases of violations shall be as 175 specified in Section 217 (b) of this ordinance. 176 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 177 VIRGINIA BEACH, VIRGINIA: 178 That this ordinance shall be effective as of June 1, 2005. 179 180 Adopted by the Council of the City of Virginia Beach, 181 Virginia, on the 8th day of February, 2005. 182 CA-9229 OID/ordres/portablestorageordinADOPTED.doc R-1 February 9, 2005 8 - 56- Item V-K.1. APPOINTMENTS ITEM # 53593 BY CONSENSUS, City Council RESCHEDULED: COMMUNITY POLICY AND MANAGEMENT TEAM - CSA At Risk DEVELOPMENT AUTHORITY FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION TOWING ADVISORY BOARD February 8,2005 - 57- Item V-Po ADJOURNMENT ITEM # 53594 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 10:54 P.M. ~__t2_L~~~_ Beverly 0. Hooks, CMC Chief Deputy City Clerk Ll::eg City Clerk Meyera E, Oberndorf Mayor City of Virginia Beach Virginia February 8, 2005