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MARCH 8, 2005 MINUTES CITY OF VIRGINIA BEACH COMMUNITY FOR A LIFETIME CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DlEZEL 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 CI7Y MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES SMITH, MMC 8 March 2005 I. CITY MANAGER'S BRIEFINGS - Conference Room - A. OLD BEACH DISTRICT MASTER PLAN Robert Scott, Director, Department of Planning B. KROC and SALVATION ARMY COMMUNITY CENTER SITES Cindy Curtis, Director, Department of Parks and Recreation C. NEIGHBORHOOD CHANNEL DREDGING Dean Block, Director, Department of Public Works II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAiL: Ctycncl@vbgov.com 1:00PM 4:30PM V. FORMAL SESSION - Council Chamber - 6:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Charles H. Williams Pastor, Morning Star Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS March 1, 2005 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCES/RESOLUTION 1. 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 4th, 11 th and February 8th, 2005) 2. Ordinance to AMEND the City's Open Air Cafe regulations to AUTHORIZE Atlantic Avenue sidewalk cafes between 15th and 24th Streets and ESTABLISH criminal penalties for the failure to comply with orders closing or revoking the franchises for such cafes (Deferred February 8th, 22nd and March 1,2005) 3. Ordinance to TRANSFER $2,000,000 from the Debt Service fund and $9,138 from Reserve for Contingencies to "Police Training Facility" and the Police Department's FY 2004-2005 operating budget re services at the Blackwater Lodge and Training Center; and AUTHORIZE the City Manager to execute the services contract. 4. Ordinance to AUTHORIZE a temporary encroachment into a portion ofthe right-of-way at 904 Verano Court by JAMES R. and MARL YN V. BROOKS to construct and maintain a pier. (DISTRICT 7 - PRINCESS ANNE) 5. Resolution to ESTABLISH the public's interest in Cape Henry Beach and AUTHORIZE acceptance of dedicated public beach easements re implementation of an erosion plan. J. PLANNING 1. Variance to g4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements ofthe City Zoning Ordinance (CZO) for RONALD LEE and PENNY MICHELE CASON at 6476 Knotts Island Road. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROV AL 2. Application ofSENTARA HEALTHCARE at Concert Drive and Princess Anne Road: (DISTRICT 7 - PRINCESS ANNE) a. Chanfle of Zoninfl District Classification from Conditional 0-2 Office District to Conditional B-2 Community Business District b. Conditional Use Permit for a hospital, athletic club, eating and drinking establishments, sale of convenience goods and personal services )other than those permitted as principal uses) and hair care centers c. Resolution to AUTHORIZE a First Amendment re Sentara Healthcare Development Agreement RECOMMENDATION: APPROVAL 3. Application of the SNYDER FAMILY TRUST at Clearfield Avenue and Virginia Beach Boulevard: (DISTRICT 2 - KEMPSVILLE) a. Chanfle ofZoninfl District Classification from R-7.5 Residential District to Conditional B-2 Community Business District to expand an existing automobile sales and repair facility b. Modification of Conditions for a Conditional Use Permit approved by City Council October 23,2001 RECOMMENDATION: APPROVAL 4. Application of WORD OF LIFE FAMILY WORSHIP CENTER for a Conditional Use Permit for a church at 4726 Larkspur Square Shopping Center. (DISTRICT 2- KEMPSVILLE) RECOMMENDATION: APPROV AL 5. Application ofTIDEW ATER INSTITUTE OF SPORTS, L.L.C. for a Conditional Use Permit re a recreational facility of an outdoor nature at Harpers Road and Dam Neck Road. (DISTRICT 6 - BEACH) RECOMMENDATION: APPLICANT REQUESTS DEFERRAL TO 3/22/05 6. Application of PERFECTING SAINTS WORSHIP CENTER for a Conditional Use Permit re a church at 620 Baker Road. (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL 7. Application of GARDEN OF THE PINES for a Conditional Use Permit re a pet crematory at 2685 Salem Road. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPRO V AL K. APPOINTMENTS Community Policy and Management Team - CSA At Risk Community Services Board Francis Land House Board of Governors Health Services Advisory Board Human Rights Commission Investment Partnership Advisory Committee Minority Business Council Parks and Recreation Commission Performing Arts theatre Advisory Committee Personnel Board The Planning Council Towing Advisory Board L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ** * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: VIRGINIA RELAY at 1-800-828-1120 *********** Agenda 03/08/05 slb www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 8 March 2005 Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re OLD BEACH DISTRICT MASTER PLAN, in the Council Conference Room, City Hall, on Tuesday, March 8, 2005, at 1:00 PM. Council Members Present: Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Rosemary Wilson and James L. Wood Council Members Absent: Vice Mayor Louis R. Jones [Out of the City ] Ron A. Villanueva [Entered: 1: 15 PM.] - 2- CITY MANAGER'S BRIEFING OLD BEACH DISTRICT MASTER PLAN 1 :00 P.M. ITEM # 53665 Robert J Scott, Director of Planning, advised this Briefing re the Old Beach District Plan, is the second of four (4) presentations which the City Council will be receiving over the next few weeks re Oceanfront related matters. Information re Building a First Class Resort was presented on February 22, 2005, Resort Area Mobility is scheduled for March 15, 2005 and on March 22, 2005, Financial and Debt Capacity is scheduled. Mr. Scott introduced Peter Kindel, Skidmore, Owings & Merrill LLP - Chicago Office. Due to inclement weather, Michael Higbe of Development Concepts - Indianapolis, was delayed at the Washington, D. C. airport. However, his ideas are encapsulated in the presentation. This Plan also incorporates the efforts of staff from Planning, Public Works, Convention and Visitors Bureau, Finance, Economic Development, and Management Services. The Resort Advisory Commission Design and the Old Beach Advisory Committees have been involved. Billy Almond, Chair of both these Committees is in attendance. On January 27,2004, City Council ADOPTED: Resolution to ACCEPT and APPROVE the concept of the Old Beach District study; and, AUTHORIZED the committee to continue its public involvement process with a final recommendation on the refined study after the consultant completes its work. Mayor Oberndorf recognized Captain Thomas Keeley, Commanding Officer - NAS Oceana, in attendance. Peter Kindel, Skidmore, Owings and Merrill LLP, advised the principals, which were established after approval of the concept, have been maintained. The original Master Planning work, which was approved in January 2004, has been carriedforward: Build a Landmark Convention Center with supporting development Create a vibrant mixed-use City Center Restore residential neighborhoods as great places to live Re-establish commercial corridors as Great Places to shop and work Implement an Open Space Network that embraces the Beach's natural amenities Create a District of good streets Mr. Kindel displayed depictions of the approved Concept Plan - 2004, the Plan today and the Vision, The original idea was to link the Convention Center utilizing a series of Park blocks. This idea has since been modified to reduce the acquisition requirements. The other key component, which is no longer in the Plan is the Public Use Campus, which had included a school at the time, In general, the majority of the elements are still there. The project area actually went up to 22nd Street, down to 1 ?h Street, encompasses the Trailer Park site, then continues west over to Birdneck Road and then east to Atlantic Avemie (including the Convention Center area). The idea of a Central Park has evolved from the original Master Plan concept, which organizes development and increases value for the neighborhood adjacent to the Dome site. March 8, 2005 - 3- CITY MANA GER 'S BRIEFING OLD BEACH DISTRICT MASTER PLAN ITEM # 53665 (Continued) Why Invest in Old Beach? Leverage Convention Center Investment Enhance Convention Visitor Experience Increase Tax Base Investment will yield an estimated ten times return Upgrade infrastructure and improve the public realm Capture higher percentage of restaurant and tourism market Current Old Beach District market leakage is estimated at S137-MILLION Old Beach District lacks diversity in restaurant and entertainment options Capture regional demand of office, commercial and new housing development The Old Beach District is easily accessible from 1-264 and could be serviced by Bus Rapid Transit (BRT) Make the Oceanfront a year-round destination for both locals and visitors Increase the number of year-round residents and repeat visitors The Virginia Beach population has increased .79%. The Old Beach District and neighborhoods experienced no real growth. Reinvestment is necessary as the Old Beach District population is getting older. Why Reinvestment is Necessary Income The Old Beach District has a lower per capita and median income compared to Virginia Beach Income levels in the surrounding neighborhoods rose notably faster than the Old Beach District in the 1990's. 30% of the Old Beach District population live below poverty level, compared to Virginia Beach's 6.3% An accepted benchmark is 5% below poverty level Residential Market Number of Old Beach District housing units dropped in the 1990's Office Market Oceanfront has low vacancy and high lease rates Hotel Market There is a need for more hotels of better quality The Convention Center has lost potential business opportunities due to lack of a Headquarters Hotel Entertainment Market Old Beach District spends below national average in all entertainment categories March 8. 2005 - 4 - CITY MANA GER 'S BRIEFING OLD BEACH DISTRICT MASTER PLAN ITEM # 53665 (Continued) Conclusions One-dimensional market limits investment potential Leading economic indicators, household income, poverty rate, job growth and new investment are in negative position Exiting improvements are marginal - a drag on economic growth Land appreciation requires "higher and better use" development scenario The Old Beach District Center's enhanced image is important to Virginia Beach's future role in regional economy Mr. Kindel detailed the physical changes proposed re creating an Old Beach District Center. There is a strong resort corridor along Atlantic and Pacific with wonderful residential neighborhoods. The east/west corridors are: Laskin Road Corridor, 2lst/22nd, 1 Jlh Street and Norfolk Avenue. Fourteen (I4) components compose the Plan: Oceanfront Connection The Dome Site Central Park Higher-Density Residential Development An improved 19th Street Potential Linear Park New Retail Development New Residential Infill Office and Commercial Corridor at 21st/22nd Streets Stronger Existing Neighborhoods A Headquarters Hotel An Upgraded I1h Street A Commercial Corridor at I1h Street New Entertainment Venue Mr. Kindel displayed a schematic of the land use proposed with urban mixed-use residential (21st to south of 18th Street). This is the core of the Plan comprised of residential, neighborhood commercial, some entertainment uses. A potential headquarters hotel is bringproposed adjacent to the Convention Center, with the Dome site as a mixed-use retail facility and the 17th/21st and 22nd Corridor is proposed to evolve in the future as higher density residential, with a very strong mix of commercial and office. In terms of parking in major streets, parking would be primarily accessed from 1 Jlh Street and 2]'1 Street or from Pacific, thus, avoiding bringing an abundance of traffic through the core of these neighborhoods. Phase I only encompasses two (2) parking structures adjacent to the Dome site. Re Open Space, the original idea proposed a series of park blocks and is still preserved but, in a much reduced scale. 1 <Jh Street will be improved. An idea of a linear park, may in the future run along 1 <Jh Street, but will be organized around a Central Park, and be adjacent to the Dome site. Bus Rapid Transit can connect all major public investments and is integral to the Plan. 1 <Jh Street and 1 Jlh Street have been designed to accommodate future bus rapid transits. March 8, 2005 -5- CITY MANA GER 'S BRIEFING OLD BEACH DISTRICT MASTER PLAN ITEM # 53665 (Continued) Building the Public Realm 1 ~h Street: 19'h Street will be a civic destination and the gateway to the District Center, The right-of-way regularized to eighty feet (80'). Sixteen- foot (16') sidewalks and four (4) - eleven foot (11 ') travel lanes. Bus Rapid Transit is incorporated in a dedicated lane in each direction of travel. Design will incorporate a wave theme for paving, lighting and landscaping. Central Park: The idea of smaller rooms inside of a larger space. This would link closely into the 1 Cfh Street design to provide a comprehensive identity for this area. Oceanfront Connection: A very simple connection is proposed to the Beachfront. The schematic displayed a one-story commercial use which was the suggested location to cut through to the Oceanfront. 17h Street: Longer term project, widened to 100 to105-foot right-of- way with fifteen-foot (I5') sidewalks, five (5) travel lanes and a landscaped median. The Bus Rapid Transit is incorporated in an east- bound exclusive lane. Design guidelines will be incorporated Linear Park: Enhance 19'h Street: This will be a very long term project. As properties are redeveloped along 19'h Street, there is a proposal that some business could be slightly set back creating a stronger park around 1 Cfh Street and enhancing the walk or connection through this neighborhood. Five Key Private-Realm Projects Dome Site: This site will include 500,000 square feet of new development: 6.5-acre site, four (4) development parcels, 200,000 square feet of retail/entertainment and restaurant, one hundred (I 00) residential units, 300 hotel keys, a public plaza and a structured parking for up to 1,000 cars to be developed north and south of the site. Headquarters Hotel: A new landmark Headquarters Hotel is proposed for development on a site adjacent to the Convention Center (6.5 acre site, 3 development parcels, 300-400 keys in one (1) tower, with potential to expand). The supporting uses to include fitness center, retail, restaurant, ballroom and office. There will be structured parkingfor up to 800 cars. Performance Venue: A new performance venue is proposed for the western edge of 19'h Street: 11.8 acre site (four (4) development parcels), Performance Venue of up to 2,500 seats at 19'h Street, office and retail at 1 Jlh Street, new park at Birdneck and 19'h Street will preserve existing trees). There will be structured parking for up to 1,000 cars. March 8. 2005 - 6- CITY MANA GER 'S BRIEFING OLD BEACH DISTRICT MASTER PLAN ITEM # 53665 (Continued) Five Key Private-Realm Projects (Continued) New Residential neighborhood: The Trailer Park and Water Tower sites provide an opportunity for the emergences of a new neighborhood (50 acre site, up to 500 units of single family residential, mixed-use of 1 Jlh Street). A new neighborhood will preserve existing trees. Old Beach District Infill: This would be a long term program of residential, commercial, some office in this District from 22nt! down to 17th Streets. Properties would gradually be acquired or consolidated either by the City or private developers and then turned over and developed by private interests. Gradually, some of the projects illustrated in the Plan would come to fruition. Old Beach District Center Catalyst Projects (Phase 1) Foundation Projects (Phase 2) Legacy Projects (Phase 3) Public-Realm Projects Public Realm Projects Public Realm Projects ll)1h Street Improvements Oceanfront Connection Linear Park Central Park West ll)1h Street 17th Street Parking Private-Realm Projects Private-Realm Projects Private-Realm Projects Dome Site Performance Venue A new neighborhood Begin Urban Mixed-Use/ Urban Mixed- Use/ Residential Residential Infill Infill Headquarters Hotel Implementation Schedule Phase I: Phase II: Phase III: 2005 - 2010 2008 - 2015 2010 - 2020 Mr. Scott advised the Tentative Time Schedule*: Public Hearing City Council Public Hearing Adoption of the Plan Incorporation of Plan into Revised Resort Area Concept Plan Stakeholders involvement Comprehensive Plan Amendment First week of April 2005 April 12, 2005 April 26, 2005 Spring, Summer, Fall, 2005 October 2005 March 8, 2005 - 7 - CITY MANA GER 'S BRIEFING OLD BEACH DISTRICT MASTER PLAN ITEM # 53665 (Continued) Council Lady McClanan advised the date suggested for the Public Hearing is Easter vacation for the School system. Mr. Scott advised this time schedule could be adjusted as per the advice of City Council. Councilman Wood expressed concern as it appears the entire project has migrated slightly north. Mr, Scott advised the Plan is basically the same as approved: 22nd Street to 1 ?h Street and ~ block on either side. Councilman Wood's main concern is the ~ block on either side. Because of a substandard alley behind 22nd Street, office and commercial could not be channeled from the back of the building. Councilman Wood suggested continuing 22nd Street all the way through. The area should not be separated by a 10-foot alley. An emergency vehicle would have difficulty traversing this alley. Concern was expressed re the need for office space as there is already much vacant office space. Mr. Scott advised, as part of the overall economic development effort, an office market study would be pursued. Councilman Diezel advised he would be particularly sensitive to the Navy's concerns re the Plan and inquired whether the Master Street and Highway Plan was incorporated into the design. Mr. Scott advised the "key" is l?h Street, which needs to be a divided road with an attractive medium, The traffic carrying capacity will probably have to be increased to make this system work over time. The Dome site is still contemplated as an entertainment venue. Councilman Dyer advised that to-date, the Navy has not been solicited for comments. Mr. Scott advised the staff indicated to the Navy, upon advice by consultants, the need is to increase the number of residential units in this area by approximately 3,000. The Navy needs to be part of discussions entailing the location of this residential. These 3,000 units are less than allowed by the present zoning. Council Lady McClanan expressed concern re the lack of financial information and she did not understand the necessity for additional residential housing and taking of people's property for other uses. Council Lady McClanan will compile a list of questions and requested the City staff respond. Mr. Scott advised the locality only has the right to take land for public purpose. The Headquarters Hotel is not essential, the Convention Center will open without a Headquarters Hotel. Councilman Villanueva inquired re discussions with the Doubletree Hotel as a headquarters hotel. Mr, Scott and James Ricketts, Director - Conventions and Visitors Bureau, had discussions with potential investors in that property within the week. Re the mobile home park, these ideas will go forward on the time line felt appropriate by the property owner. No decisions have been made. Mr. Scott shall provide a copy of the map of the Plan "at scale ". Councilman Schmidt inquired all the ongoing projects and the associated debt, if the Plan is adopted. Are there any requisite spending requirements? Mr. Scott advised there are two (2) decisions which City Council must make to activate this Plan, budgetary decisions in the Capital Improvement Program and amendments to the zoning in the Resort Area Concept Plan. Council Lady Wilson stressed the necessity to know the public financing tools. The Schools have a long list of necessities as well. All projects need to be reviewed and prioritized. James Ricketts, Director - Convention and Visitors Bureau, advised although the Hampton Convention Center was opening a month prior to Virginia Beach's Convention Center, this would not affect the City's ability to sell conventions or trade shows. These are two (2) different markets and types of buildings, Virginia Beach is an established convention and trade show destination and has been since the Dome was opened thirty (35) years ago. If the newspaper is accurate, Hampton has booked in 2006 - 14,000 room nights for Conventions. Virginia Beach has booked 115,000 room nights for Conventions. March 8, 2005 -8- CITY MANAGER'S BRIEFING OLD BEACH DISTRICT MASTER PLAN ITEM # 53665 (Continued) Councilman Maddox advised the Retail Consultants suggested the City add 3,000 residences to the Resort area. Councilman Maddox requested what number that would be allowed by-right. Mr, Scott estimated in excess of 10,000. The Zoning Ordinance needs to be revised by acceptably reducing the number of units the Ordinance now allows. One of the key methods is by encouraging a high degree of retail. Councilman Reeve advised the Plan has had stakeholder involvement. The City Council appointed the Old Beach District Master Plan Advisory Committee, Mr. Scott advised William Almond is the Chairman. Barbara Yates and MaryAnne Nixon represent the neighborhoods involved. Hotels, Restaurants and the Design community area also involved. Mayor Oberndorf referenced the Doubletree Hotel approval and the concern of the Navy. Mayor Oberndorf did not vote for the hotel as she was concerned re the height. The opportunity at the Oceanfront is extraordinary, but the City must be cognizant of the United States Navy, The City needs to receive comment from the Navy concerning protecting encroachment onto the Base or encroachment into the air rights for their pilots. Mayor Oberndorf requested the JOINT LAND USE PLAN be scheduled for the City Council Workshop of March 15, 2005, at 6:00 P.M. in the City Council Chamber to allow a larger number of attendees to be accommodated. Council Members Reeve, Maddox, the City Manager, City Attorney, and Robert Scott met with Admiral Turcotte yesterday, March 7, 2005, and believed the City Council Workshop of March 15, 2005, was an appropriate time to address the JOINT LAND USE PLAN. Mayor Oberndorf advised the Navy's perspective needs to be heard re what they need to keep their industry (Oceana) strong in Virginia Beach. BY CONSENSUS, the JOINT LAND USE PLAN Workshop shall be scheduled for the City Council Workshop of March 15, 2005, with a Briefing by the City and Navy. March 8, 2005 -9- CITY MANA GER 'S BRIEFING KROC and SAL VATION ARMY COMMUNITY CENTER SITES 2:45 P.M. ITEM # 53666 Mayor Oberndorf advised the Department of Parks and Recreation received many requests to open the Recreation Centers earlier. The Centers are now open at 6:30 A,M, People wait in line to "work out", These privileges cost only $50.00 a year. Parks and Recreation has partnered with Public Health and the Heart Association for individuals to participate in a program by Sentara. Mayor Oberndorf introduced Cindy Curtis, Director - Parks and Recreation. Cindy Curtis referenced a pre-school program at the Kempsville Recreation Center has commenced as a "pilot" program. For the first time, an all day preschool care is being provided in a licensed environment. Mrs. Curtis advised the department is conducting discussions with the Salvation Army replacing a Joan and Ray Kroc Community Center at the Williams Farm property in Virginia Beach. Ray and Joan Kroc, founders of the McDonald's restaurant chain donated $1.5-BILLION to the Salvation Army to build and operate a limited number of community centers (25-30) in the United States. The first Ray and Joan Korc Corps Community Center was built in San Diego, California in 2002. Mission Statement In keeping with the mission of The Salvation Army, the Ray and Joan Kroc Corps Community Center provides facilities, programs and services that encourage positive life-changing experiences for children and adults, strengthening for families and life enrichment for seniors Salvation Army Kroc Center (San Diego) is a 12-acre family support, education, recreation and cultural arts facility. The Center provides a variety of programs for individuals of all ages. The Community Center is available to members and the general public. The San Diego Corps Community Center includes: Aquatics complex (3 Pools) Ice arena Gymnasium Recreation field Rock Climbing Tower and Challenge Course Indoor Skate Park 600-seat Joan B. Kroc Theatre for the Performing Arts School of Visual and Performing Art Teaching/Mentoring Area and Computer Lab and Internet-Based Library Facility size: Construction cost: Construction time: Operating Budget: Number of Employees: 190,000 squarefeet on 12.5 acre site $ 57-MILLION September 2002 to June 2002 $ 6-MILLION 280 year round Part Time and Full Time and 350 Summer 6,238 after first full year of being open Number of Members March 8. 2005 - 10- CITY MANA GER 'S BRIEFING KROC and SALVATION ARMY COMMUNITY CENTER SITES ITEM # 53666 (Continued) The San Diego Corps Community Center (Continued) Average Neighborhood Membership Fees (New 2005 rates) $10/month (Youth Ages 3-17) $13/month (Seniors Ages 62 and over) $18/month (Adults Ages 18 - 61) $35/month (Single-parent family) $45/month (Family - up to 4 members) 80% of Center membership are Family Members Fees slightly higher for areas outside of 3-mile radius of the Center In the Summer of2004, the Salvation Army had preliminary discussions with officials from various Hampton Roads cities about the potential to locate a Kroc Community Center in Hampton Roads. In the Fall of2004, staff evaluated six potential sites City-wide and recommended four (4) sites based on the Salvation Army's criteria: Size: 10-12 acres of developable land Location: Areas of low-income households, yet accessible to residents of all socio-economic households "Highly visible" location, in regards to length of road frontage and proximity to major roadways Generally located in an area of recreational need The potential Virginia Beach site is the Williams Farm in the 900 block of Newt own Road. Williams Farm is 57.6 acres and was acquired through the Open Space plan for $5-MILLION in January 2004. The planned use is primarily open space/active recreation, elementary school and other potential community facilities. Demographic Information within I-mile Radius of Site of Williams Farm Total Population 18,126 Age Distribution 21 Under 6,463 35,66% 22-39 6,304 34.78% 40-59 3,588 19.79% 60 Up 1,771 9.77% Citywide Median Family Income $48,705 Site Median Family Income $37,863 % of Households w/Low/Moderate income 48.92% % w/High School Diploma or GED 85.97% March 8, 2005 - 11 - CITY MANA GER 'S BRIEFING KROC and SALVATION ARMY COMMUNITY CENTER SITES ITEM # 53666 (Continued) School Indicator Information Within 3-Mile Radius of Williams Farm Schools Adjacent to Williams Farm Number of Students Reduced and Free % of Total Student Lunches Population Bayside Middle 1,240 696 56.13% Newtown Elementary 905 639 70.61% Williams 773 541 69.99% Total including other 12 Schools 10, 741 4,155 38.68% combined within 3-mile radius Through dialogue with stakeholders (Community Civic Leagues, the neighborhood, Schools, Police and Social Services), programs were recommended to be contained within this Kroc and Salvation Army Community Center: Recommended Programs, Facilities and Services for in Virginia Beach Cultural Arts Programs and Facilities Physical Fitness Programs and Facilities Culturallperforming arts classes Fitness programs and equipment (i. e. circuit Art classes and gallery equipment, free weights. aerobics) Dance studio and programs Organized/team sports Music programs, instruments and recording Multi-purpose gymnasium studio Multi-purpose playing fields English and foreign language programs Water park and aquatic program Child Care, educational and Vocational Overall Community Center Support Programs Certification program for various clerical, Senior center - i. e. educational and social paraprofessional, technical occupations activities, exercise and health programs, meal Computer skill development lab and program program Mentorship Program for Youth Community meeting rooms Child care and Early Childhood Development Infrastructure for community access to and from Programs for school readiness the Kroc Center (sidewalks, bike paths, Library services supervised shuttles) Advisory Board for overall community center operations In December 2004/January 2005, the Salvation Army chose one City-owned site, the Williams Farm, as a potential community center location in Virginia Beach. Sites in the Cities of Chesapeake (Battlefield Boulevard/Military Highway corridor, Norfolk (Broad Creek) and Portsmouth are also being considered by the Salvation Army. March 8, 2005 - 12- CITY MANA GER 'S BRIEFING KROC and SALVATION ARMY COMMUNITY CENTER SITES ITEM # 53666 (Continued) STATUS The Salvation Army, in their January 25th correspondence requested additional information from each City on the recommended sites The staff is gathering comprehensive responses regarding Williams Farm location by the Salvation Army's March 18, 2005, deadline The Salvation Army is to evaluate responses from the four (4) cities and determine final recommended location for Joan and Ray Kroc Community by the end of Spring 2005. Ms. Curtis advised the Salvation Army will be operating the site. The Salvation Army has funding to build an approximate 100,000 square foot facility and would like to model it as the prototype of the new Jewish Center. They will come forward with approximately $25-MILLION for the development of afacility and need to come up with an endowment of 200% (another $50-MILLION) to cover long term operating costs. Councilman Villanueva, Co-Champion with Vice Mayor Jones of the Bayside Action Plan, welcomed this opportunity. Councilman Villanueva requested his fellow colleagues on City Council lobby the Salvation Army for this facility. Councilman Villanueva appreciates the staff's vision and willingness to proceed. A Resolution shall be scheduled for the City Council Session of March 22, 2005. March 8, 2005 - 13- CITY MANA GER 'S BRIEFING NEIGHBORHOOD CHANNEL DREDGING 3:12 P.M. ITEM # 53667 E. Dean Block, Director - Public Works, presented information re Neighborhood Channel Dredging: Purpose and Objectives Provide City Council information on Types of "City" Dredging Describe/provide examples of policy considerations Briefly reprise prior work for background Seek direction Key Issues What ought to be the Government's level/type of involvement in Ancillary Channel Dredging? If there is extensive City government involvement, how is the Program carried out? Who pays and how much? Fundamental Realities Complex issues/ competing interests Potentially expensive, extensive and intrusive Mechanical Dredging Limited Disposal sites Subject to Environmental Agency approval Mechanical Dredging will be the mechanism of choice in any long term program undertaken, including the existing program of dredging the two (2) main channels. Mr. Block referenced the channel definitions to assist the City Council re the issue of Ancillary Channels. Mr. Block displayed illustrations depicting: Main Channels: Officially designated, City maintained: New dredging opportunity within two (2) years re the Western Branch. The illustration depicts where the channel passes re the Thoroughgood/Church Point neighborhood (depicted in black on the illustrations). Ancillary Channels: All channels other than Main channels (depicted in red on the illustrations). These channels are divided into three (3) categories: Access Channel: Channel between Main Channel and Branch Channel- gates to the communities. (depicted in blue) Branch Channel: Channel between Access Channel and Individual Channel - similar to neighborhood streets (depicted in yellow), Individual Channel: Channel between Branch Channel and pier - similar to driveways (depicted in red) March 8, 2005 -14 - CITY MANAGER'S BRIEFING NEIGHBORHOOD CHANNEL DREDGING ITEM # 53667 (Continued) Alternative 1 (Current program) Defined as: Dredging of Ancillary Channels managed by neighborhoods under private contracts. No active City management of privately contracted dredging projects Limited City involvement Disposal site option available City provides guidance to neighborhoods as requested Periodic opportunities to piggyback City projects in the Lynnhaven branches Other ways City could assist neighborhoods Transfer Site Options available Accelerate Western Branch (Lynnhaven River project) Mr. Block displayed maps of two (2) currently proposed private projects: Thoroughgood/Church Point and Chesopeian Colony. These examples indicate participation is not 100% and the community is responsible for all the work up to the main channel. Alternative 2 Expanded Lynnhaven Program Defined As: City Expands Dredging Program to include Access Channels in addition to the existing City Maintained Channels in The Lynnhaven River. Brings Deep Water Access to "Gate" of Neighborhood Less Channel responsibility for property owners Increased City project frequency Provides more opportunity for piggybacking Keeps City projects and private projects contractually independent Grand Total Expanded program Eastern Branch = 9.0 miles Western Branch = 8.4 miles Approximately Total = 17.4 miles March 8,2005 -15 - CITY MANAGER'S BRIEFING NEIGHBORHOOD CHANNEL DREDGING ITEM # 53667 (Continued) Alternative 3 Neighborhood Partnership Program Defined As: projects which dredge Ancillary Channels, managed by the City upon requestfrom substantial majority of Waterfront property owners in neighborhood 3A - Privately Funded Program 3B - Cost Shared Program Current Program plus engineering, permitting Current program plus engineering, permitting and construction management by City and construction management by City. Construct cost borne by neighborhood Construction cost shared between neighborhood and City 65% neighborhood, 35% City Alternative 4 Citywide Dredging Program Defined As: City expands dredging program to include access and Branch Channels in addition to existing City maintained Main Channels. Expand City program to include all feasible Channels, systematically, with a target of completion in ten (10) years Does not include individual Channels or Slips City prioritizes program None of the alternatives involve the City building the Individual Channels (denoted in "red"), which are always private sector responsibilities. Cost Distribution Alternative 1 - Current Program Alternative 2 - Expanded Lynnhaven Program Neighborhood Costs (From Private Dock to Main City Neighborhood Costs (From Private Dock to Nearest City Channel) Network) $10,000 - $20,000 per waterfront property owner on $8,500 - $17,000 per waterfront property owner on average. average. Includes: (Private Contract) Includes: (Private Contract) Engineering/Permitting/Construction Costs Engineering/Permitting/Construction Costs City Costs (Main Channels as Currently Designated) City Costs (Main Channels plus Expanded Channel Network) $500,000/year to maintain existing channels in the $500,000/year to maintain existing channels in the Lynnhaven River Lynnhaven River $250,000 possible Capital Improvement - Transfer Sites Additional $500.000/year for Expanded Channel Few, if any, Real Estate issues Network Total Costs to City - (approx.) $500,000/year $250,000 possible Capital Improvement - Transfer Sites Few Real Estate issues Total Costs to City - (approx.) $l-MILLION/year March 8, 2005 - 16- CITY MANAGER'S BRIEFING NEIGHBORHOOD CHANNEL DREDGING ITEM # 53667 (Continued) Cost Distribution Alternative 3A - Neighborhood/ City Alternative 3B - Neighborhood/ City Alternative 4 - Citywide Program Partnership Program Partnership Program Neighborhood Costs (From private Neighborhood Costs (From private Neighborhood Costs (Tie In from dock to Main City Channel) dock to Main City Channel) private dock to new City Network $8,000 - $16,500 per waterfront $6,000 - $12,000 per waterfront $4,000 - $8,000 per waterfront property owner on average property owner on average property owner on average Includes Construction costs only Includes shared (65%) Construction costs - partially funds City contract City Costs (Main City Channels plus City Costs (Main Channels, Ancillary City Costs (Main City Channels plus Ancillary Channel design) Channel design, plus portion of newly designated channels Access and Branch Channel Construction $500,000/ year to maintain existing $500,000/year to maintain existing $500,000/year to maintain existing channels in the Lynnhaven River Channels in the L ynnhaven River channels in the L ynnhaven River Additional $600,000/year for Additional 600, OOO/year for Additional $3-MILLION/year to engineering, permitting and engineering, permitting and construct new channels citywide Contract management for "non- contract management for "non- $250,000 possible Capital city" channels City" Channels Improvement - Transfer Sites $250,000 possible Capital Plus $1,200,000/year- shared (35%) Real Estate issues Improvement - Transfer Sites Construction costs Total Costs to City (approx) Likely Real Estate issues $250,000 possible Capital $3,500, OOO/year) Total Costs to City (approx) Improvement - Transfer Sites (Does not include real estate costs) $1,100, OOO/year) Likely Real Estate Issues Total Costs to City (approx.) $2,300,000/year Considerations Performance Risk No guarantee for Permit Approval Real Estate issues, private ownership of River Bottom Increased Liability - Dredging and Maintenance Transfer Sites in neighborhoods Disposal Areas Prioritization First/Last neighborhood Basis (Permits/Cash/Need) Decision Mayor Oberndorf expressed appreciation to Mr. Block and Stephen Van Essendelft, Engineering - Public Works, Beach Management, for this very comprehensive and understandable report re dredging. March 8, 2005 -17 - CITY COUNCIL COMMENTS 3:54 P.M. ITEM # 53668 Council Lady McClanan distributed articles from the Daily Press, Sunday March 6, 2005, entitled "The Business of Base Closures" and "Stop Whining and Learn to Love the Property Tax". ITEM # 53669 Councilman Schmidt distributed a PRELIMINARY DRAFT: Ordinance to establish a process for the preparation for the City's Operating Budget Formalizing the discussion of the City Council Retreat on March 4,2005, re separation of the assessment processfrom the development of the Operating Budget. This is a "rough" draft but could be used as a "tool" to acknowledge there is no relationship between the Operating Budget and the real estate assessment. Councilman Schmidt requested this be discussed at a future City Council Session. March 8, 2005 - 18- AGENDA RE VIE W SESSION 3:55 P.M. ITEM # 53670 I2. Ordinance to AMEND the City's Open Air Cafe regulations to AUTHORIZE Atlantic Avenue sidewalk cafes between 15th and 24th Streets and ESTABLISH criminal penalties for the failure to comply with orders closing or revoking the franchises for such cafes (Deferred February 8th, 22nd and March 1, 2005) Councilman Maddox referenced revision of the Open Air Cafe regulations, which provide that the effective date for the facade requirements is January 1, 2006. No franchise agreement will be granted or renewed that extends beyond April 30, 2006, unless the franchisee has complied with the facade requirements. The City Attorney advised although the facade provision was contained in the copy of the revised regulations that were included in City Council's agenda, the provision was revised again to address the effective date of the facade requirements. The City Attorney advised the correspondence addressing the revised regulations and design guidelines has been distributed Relative the design guidelines, the City Attorney's office has worked with Billy Almond to be certain the Resort Advisory Commission and the Design Review Committee concur with the facade requirements of the open air cafes between 15th and 24th Streets. ITEM # 53671 BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA: ORDINANCES/RESOLUTION II. 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 ".(DeferredJanuary 4th, 1 ph and February 8th, 2005) I2. Ordinance to AMEND the City's Open Air Cafe regulations to AUTHORIZE Atlantic Avenue sidewalk cafes between 15th and 24th Streets and ESTABLISH criminal penalties for the failure to comply with orders closing or revoking the franchises for such cafes (Deferred February 8th, 22nd and March 1,2005) I3. Ordinance to TRANSFER $2,000,000 from the Debt Servicefund and $9, 138from Reservefor Contingencies to "Police Training Facility" and the Police Department's FY 2004-2005 operating budget re services at the Blackwater Lodge and Training Center; and AUTHORIZE the City Manager to execute the services contract. I4. Ordinance to AUTHORIZE a temporary encroachment into a portion of the right-ofway at 904 Verano Court by JAMES R. and MARLYN V BROOKS to construct and maintain a pier. (DISTRICT 7 - PRINCESS ANNE) March 8, 2005 - 19- AGENDA RE VIE W SESSION ITEM # 53671 (Continued) I5. Resolution to ESTABLISH the public's interest in Cape Henry Beach and A UTHORIZE acceptance of dedicated public beach easements re implementation of an erosion plan. Item II. will be DENIED, BY CONSENT. Item I2. will be ADOPTED, BY CONSENT, AS REVISED. March 8, 2005 - 20- AGENDA RE VIE W SESSION ITEM # 53672 J.2. Application of SENTARA HEALTHCARE at Concert Drive and Princess Anne Road: (DISTRICT 7 - PRINCESS ANNE) a. Change of Zoning District Classification from Conditional 0-2 Office District to Conditional B- 2 Community Business District b. Conditional Use Permit for a hospital, athletic club, eating and drinking establishments, sale of convenience goods and personal services )other than those permitted as principal uses) and hair care centers c. Resolution to AUTHORIZE a First Amendment re Sentara Healthcare Development Agreement Mayor Oberndorf requested a presentation by Attorney R. J. Nutter during the Formal Session. Councilman Reeve advised the Navy does not have concerns re these applications. Council Lady McClanan did not wish any of the ancillary uses to occur until after completion of the medical facilities. Attorney Nutter advised these uses would be the last phase of the project. ITEM # 53674 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: J.1, Variance to 94.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for RONALD LEE and PENNY MICHELE CASON at 6476 Knotts Island Road. (DISTRICT 7 - PRINCESS ANNE) J.3. Application of the SNYDER FAMILY TRUST at Clearfield Avenue and Virginia Beach Boulevard: (DISTRICT 2 - KEMPSVILLE) a. Change of Zoning District Classificationfrom R- 7.5 Residential District to Conditional B-2 Community Business District to expand an existing automobile sales and repair facility b. Modification o(Conditions (or a Conditional Use Permit approved by City Council October 23, 2001 (incorporate three (3) rezoned parcels into whole project) March 8, 2005 - 21 - AGENDA RE VIE W SESSION ITEM # 53674 (Continued) J.4. Application of WORD OF LIFE FAMILY WORSHIP CENTER for a Conditional Use Permit for a church at 4726 Larkspur Square Shopping Center, (DISTRICT 2 - KEMPSVILLE) J.5. Application of TIDEWATER INSTITUTE OF SPORTS, L.L.C. for a Conditional Use Permit re a recreational facility of an outdoor nature at Harpers Road and Dam Neck Road. (DISTRICT 6 - BEACH) J. 6. Application of PERFECTING SAINTS WORSHIP CENTER for a Conditional Use Permit re a church at 620 Baker Road. (DISTRICT 2 - KEMPSVILLE) J. 7. Application of GARDEN OF THE PINES for a Conditional Use Permit re a pet crematory at 2685 Salem Road. (DISTRICT 7 - PRINCESS ANNE) Council Lady McClanan will vote a VERBAL NAY on Item J.3a/b (Snyder Family Trust) Item J.5 will be DEFERRED, BY CONSENT, until the City Council Session of March 22, 2005. March 8, 2005 - 22- ITEM # 53675 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Community Policy and Management Team - CSA At Risk Community Services Board Francis Land House Board of Governors Health Services Advisory Board Human Rights Commission Investment Partnership Advisory Committee - PPEA Minority Business Council Parks and Recreation Commission Performing Arts Theatre Advisory Committee Personnel Board The Planning Council Towing Advisory Board 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 2.2-3711(A)(3), Kroc and Salvation Army Community Center Sites LEGAL MA TTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). Beach Service Contract PUBLIC CONTRACT: Discussion or consideration by a responsible public entity or an affected local jurisdiction, as those terms are defined in Section 56-557, of confidential proprietary records excludedfrom this chapter pursuant to Section 2,2- 3705.6(11) AND Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. Southeastern Public Service Authority (SPSA) March 8, 2005 - 23- ITEM # 53675 (Continued) Upon motion by Councilman Wood, seconded by Councilman Schmidt, City Council voted to proceed into CLOSED SESSION (4:14 P.M.). Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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: None Council Members Absent: Vice Mayor Louis R. Jones and Richard A. Maddox Councilman Maddox left at 4: 14 PM due to illness (Closed Session: 4:14 P.M. - 5:50 P.M.) (Break: 4:20 P.M. - 4:30 P.M.) (Dinner: 5:50 P.M. - 6:13 P.M.) March 8, 2005 - 24- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 8, 2005 6:05 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, March 18, 2005, at 6: 15 P.M. Council Members Present: Harry E. Diezel, Robert M, Dyer, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Absent: Vice Mayor Louis R. Jones [Out of the City) Richard A. Maddox [Left at 4:14 P.M. due to illness) INVOCATION: Ruth Hodges Smith, MMC City Clerk PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions, However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and 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 andfile 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 ofwhich she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure, Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. March 8. 2005 - 25 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 53676 Upon motion by Council Lady Wilson, seconded by Councilman Schmidt, 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: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, 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: None Council Members Absent: Vice Mayor Louis R. Jones and Richard A. Maddox March 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 I ITEM # 53675, page 22, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-371l(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. March 8, 2005 - 26- Item V-F.l. MINUTES ITEM # 53677 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of March 1, 2005. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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: None Council Members Absent: Vice Mayor Louis R. Jones and Richard A. Maddox March 8, 2005 Item V-G. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 27- ITEM # 53678 AGENDA FOR THE FORMAL SESSION March 8,2005 - 28- Item V-L ORDINANCES/RESOLUTION ITEM # 53679 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 1 (DENIED), 2 (AS REVISED), 3, 4 and 5 of the CONSENT AGENDA. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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: None Council Members Absent: Vice Mayor Louis R. Jones and Richard A. Maddox March 8, 2005 - 29- Item V-I.1. ORDINANCES/RESOLUTION ITEM # 53680 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council DENIED: 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 4th, 1 ph and February 8th, 2005) Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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: None Council Members Absent: Vice Mayor Louis R. Jones and Richard A. Maddox March 8, 2005 - 30- Item V-I.2. ORDINANCES/RESOLUTION ITEM # 53681 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED, AS REVISED*: Ordinance to AMEND the City's Open Air Cafe regulations to AUTHORIZE Atlantic Avenue sidewalk cafes between 15th and 24th Streets and ESTABLISH criminal penalties for the failure to comply with orders closing or revoking the franchises for such cafes (Deferred February 8th, 22nd and March 1, 2005) *Section 5.5R of Resort Open Air Cafe Regulations provides that the effective date for the facade requirements is January 1, 2006. No franchise agreement will be granted or renewed that extends beyond April 30, 2006, unless the franchisee has complied with the facade requirements, Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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: None Council Members Absent: Vice Mayor Louis R. Jones and Richard A. Maddox March 8, 2005 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO AMEND THE CITY'S OPEN AIR CAFE REGULATIONS TO AUTHORIZE ATLANTIC AVENUE SIDEWALK CAFES BETWEEN 15TH AND 24TH STREETS AND ESTABLISH CRIMINAL PENALTIES FOR THE FAILURE TO COMPLY WITH ORDERS CLOSING OR REVOKING THE FRANCHISES FOR SUCH CAFES WHEREAS, by resolution adopted November 15, 1985, City 11 Council authorized the City Manger to promulgate Open Air Cafe 12 Regulations, which have been amended, from time to time, to 13 address concerns and lssues that have arlsen during the 14 operation of these cafes; 15 WHEREAS, these Regulations have, to date, prohibited 16 sidewalk cafes on Atlantic Avenue between 15th and 24th Streets; 17 WHEREAS, a pilot program permitting sidewalks cafes ln 18 this area was conducted during the summer of 2004; and 19 WHEREAS, after the success of this pilot program, a 20 modification to the Regulations that would permit sidewalk cafes 21 on Atlantic Avenue between 15th and 24th Streets has been 22 proposed. 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 24 CITY OF VIRGINIA BEACH, VIRGINIA: 25 1. That the City Manager is hereby authorized to 26 amend the Open Air Cafe Regulations to permit sidewalk cafes on 27 Atlantic Avenue between 15th and 24th Streets, as detailed in the 28 proposed revisions presented to the City Council. 29 2. That any owner, operator or employee of an open 30 air cafe located on Atlantic Avenue between 15th and 24th Streets 31 who willfully fails or refuses to comply with a lawful order of 32 a public safety official of the City of Virginia Beach to close 33 such open air cafe immediately or at such later time as may be 34 directed by such public safety official, for reasons of crowd 35 control, unruly behavior either within the establishment or in 36 nearby areas or for other reasons related to preservation of 37 public safety or public order, shall be guilty of a misdemeanor 38 punishable by confinement in jail for not more than thirty (30) 39 days and a fine of not more than One Thousand Dollars ($1,000), 40 either or both. 41 3. That, upon revocation or suspension by the City 42 Manager of a franchise to operate an open air cafe on Atlantic 43 Avenue between 15th and 24th Streets, any owner or operator 44 failing to comply with the order of the City Manager revoking or 45 suspending such a franchise shall be guilty of a misdemeanor 46 punishable by confinement in jail for not more than thirty (30) 47 days and a fine of not more than One Thousand Dollars ($1,000), 48 either or both. 49 2 50 Adopted by the Council of the City of Virginia Beach, 51 Virginia, on the 8TH day of CA-9487 OIDjordresjopenairregsord.doc R-5 January 24, 2005 March , 2005. APPROVED AS TO CONTENT: ;~:/2~" $ ~ Virginia Beach Convention and Visitors Bureau APPROVED AS TO LEGAL SUFFICIENCY: " ,4~ ')rrjr City Attorney' Office 3 REVISED RESORT OPEN AIR CAFE REGULATIONS SECTION 1. GENERAL PURPOSE Rev. 03/08/05 1. The Resort Open Air Cafe regulations are for the R T -1, R T - 2, and R T - 3 zoning districts located in the resort area specifically identified as adjacent to the Boardwalk, Connector Parks, Atlantic Avenue, or Atlantic Avenue side streets. The regulations are designed to encourage cafes where they are appropriate, and promote an ambiance conducive to public health, safety, general welfare, and would serve as a public amenity. These general goals include, among others, the following specific purposes: 1.I.A To promote cafes as visual amenities which improve the appearance and pedestrian ambience of the Boardwalk, Connector Parks, Atlantic Avenue sidewalks, and Atlantic Avenue side streets. 1.1.B To preserve and enhance the character of the resort area. 1.1.C To ensure that adequate clearance is maintained for pedestrians and bicyclists adjacent to cafes. 1.1.D To establish administrative and enforcement procedures for Open Air Cafes that are effective, efficient, and enforceable. 1.1.E To promote the construction of lightweight removable structures and the most desirable use of public property. Materials permitted for use in cafe construction are indicated in Section 5, "Cafe Requirements". The structure must be dismantled easily and not permanently attached to adjacent building. SECTION 2. DEFINITIONS 2.1 Resort Open Air Cafe is an outdoor restaurant directly adjoining an existing restaurant facility in the RT-I, RT-2 or RT-3 Zoning District which is exempt from additional off-street parking requirements. Cafes are franchised to operate on public property and are required to provide waiter and waitress full table service in a specific semi-enclosed space as described herein. No portion of an Open Air Cafe shall be used for any purpose other than dining or related circulation. Cafes must have direct access to the host restaurant. All cafes and the required adjacent/operating business will meet all ADA Standard disability access requirements (including rest room facilities). There are four types of cafes. 2.1.A Cafe employees shall not prepare or pour alcoholic beverages for delivery or sale to patrons within any category A, B, C, or D cafe; provided, however, that patrons may consume alcoholic beverages in these cafes in compliance with state regulations. 2.1.B Solicitation of any type, as described in Section 26-3 of the City code, from any cafe will result in immediate termination of franchise agreement. Category A - Boardwalk Cafe. A resort open airlboardwalk cafe is located on public property facing the boardwalk in the RT -1 zoning district. Category B - Connector Park Cafe. A resort connector park cafe is to be located on public property in a Connector Park in the RT-1 zoning districts. The Cafe is not to extend East ofthe building's property line. Category C - Atlantic Avenue Sidewalk Cafe. An Atlantic Avenue sidewalk cafe is to be located on the public sidewalk along Atlantic Avenue directly adjoining an existing restaurant facility in the RT-2 Zoning Districts. Cafes are not permitted between 15th and 24th Streets an }Atlantie Avenue. Category D - Atlantic Avenue Side Street Cafe. A resort side street cafe is to be directly adjoining an existing restaurant facility in the RT-2 or RT-3 zoning district; is to be located on public property; and is to be located on side streets only between Atlantic and Pacific Avenues. No cafes are authorized west of Pacific Avenue. Catef!orv E - Atlantic Avenue Sidewalk Cafe-15th to 24th Streets. An Atlantic Avenue-15th to 24th Streets sidewalk cafe is to be located on the public sidewalk along Atlantic Avenue directly adioining an existing restaurant facility in the RT-2 Zoning Districts between 15th and 24th Streets on Atlantic Avenue. SECTION 3. RESTAURANTS NOT CONSIDERED FOR THE CAFE PROGRAM 3.1 Fast Food Establishments. An establishment franchised or otherwise that offers quick food service of items already prepared and held for service, or prepared, fried, griddled quickly or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table and food is generally served from a counter in disposable wrapping or containers, exclusive of full waiter/waitress table service. Fast Food establishments will not be considered for outdoor cafes. SECTION 4. ENTERTAINMENT/AMPLIFIED MUSIC 4.1 Live or recorded entertainment is allowed under the following conditions in all outdoor cafes: 4.1.A During the hours 12:00 p.m. to 11 :00 p.m. 2 4.1.B Solo or duo live entertainment only. Connecting cafe do not constitute more than one entertainment venue. 4.1.C All patrons of cafes shall be seated when being served in the cafe area. 4.1.D The cafe franchise agreement administrator/city officials shall have the sole discretion in determining if the music sound level emanating from the cafe is considered loud or disturbing. Amplification of music shall be directed within cafe area. 4.1.E Cafe operators shall receive one written warning that the music is not complying to the cafe regulations. Upon notice of a second violation, the cafe will forfeit their entertainment within the cafe. Continued violations or disregard will be grounds to terminate the cafe franchise agreement. SECTION 5. CAFE REQUIREMENTS 5.1 Category A - Boardwalk Cafe. A resort open airlboardwalk cafe is located on public property facing the boardwalk in the RT-1 zoning district. S.1.A Setbacks: Category A cafes shall have a minimum setback often (10) feet form the western edge of the bicycle path. Pending review of specific cafe site plans, additional setbacks and clear path space may be required. 5.1.B Floor: Floor shall be a smooth clean permanent surface as required by the City of Virginia Beach Health Department. Footings, pavers and concrete flooring are permissible. 5.1.e Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory-finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. 5.1.D Canopy: Boardwalk Cafes shall have a soft top, temporary canopy constructed as specified herein. The canopy shall only cover the top of the Boardwalk Cafes, except that transparent vinyl or plastic curtains may be used on the sides as windbreaker. At no point shall the height of the canopy be lower than eight (8) feet above the floor of the Boardwalk Cafe. The valence ofthe awning shall not exceed twelve (12) inches in width. All canopies shall be constructed of fire resistant vinyl fabric or canvas as approved by the City of Virginia Beach Planning Department/Permits and Inspection Division, and shall meet all applicable Building, Structural, and Fire Codes. Supporting Structure shall be metal pipe or tube system not to exceed 2" in Diameter. Deviations shall be individually reviewed by the City. 3 5.1.E Fixtures: The furnishings of the interior of a resort open air cafe shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on cafe railing are allowed. All movable objects required for operation of a resort cafe shall be removed from the cafe area and stored out of view during adverse weather conditions acclaimed by the City during, the off-season, or when the cafe is not in operation for more than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. 5.1.F Planting: Planting shall be provided and properly maintained by the owner/applicant around the perimeter of the Boardwalk Cafe. One planting bed of not less than five (5) feet nor more than ten (10) feet. The City Landscape Services Department shall review and approve the applicants landscape plan prior to operating the cafe. 5.1.G Access: Only one well-defined entrance opening connected to an existing or new walkway system which connects to the boardwalk should be permitted. Access will meet all ADA Standard Disability Access requirements. 5.1.H Size: Improvements on public property are limited to a cafe (maximum 800 sq. ft.) and one five (5) foot walkway. 5.1.1 Maintenance: Cleanup and necessary maintenance of the area of a Resort Open Air/Boardwalk Cafe including landscape areas and City property adjacent to cafe is the sole responsibility of the designated franchisee. 5.1.J Lighting: Only incandescent lighting, candles, Christmas lights, and ceiling fans are permitted on the interior of the Boardwalk Cafe. 5.1.K Storage: Storage of any kind is not permitted on public property; including trash or refuse. 5.1.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. The name of the establishment may be painted or sewn in a single location on the valence of the canopy with a maximum of eight (8)-inch lettering. 5.1.M Bicycle Parking Area: Bicycle parking areas are recommended to be integrated with the cafe improvements. The bicycle parking area will be approximately eight (8) feet by eleven (11) feet concrete, brick pavers, or similar paved area with a single load bicycle rack. This area will not be 4 included in franchise cafe area allowance, however, it should be made available for general public use. 5.2 Category B - Connector Park Cafe. A resort connector park cafe is to be located on public property in a Connector Park in the RT -1 zoning districts. The Cafe is not to extend East ofthe building's property line. 5.2.A Setbacks: Category B Cafes shall be a required to have minimum setback of ten (10) feet from the Atlantic Avenue curbline. The Cafe is not to extend East of the building's property line. Pending review of specific cafe site plans, additional setbacks and clear path space may be required. 5.2.B Floor: The existing paved park surface may be used. In addition to floor requirements, the floor shall be a smooth clean permanent surface as required by the City of Virginia Beach Health Department. Footings, pavers and concrete flooring are permissible. 5.2.C Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory-finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. 5.2.D Canopy: Canopies are permitted but not required. If specified, canopies for Category B Cafes (Connector Park Cafes) should have a soft top, temporary canopy constructed as specified herein. The canopy shall only cover the top of Category B Cafes (Connector Park Cafes), except that transparent vinyl or plastic curtains may be used on the sides as windbreaker. At no point shall the height of the canopy be lower than eight (8) feet above the floor of the Category B Cafe (Connector Park Cafes). The valence of the awning shall not exceed twelve (12) inches in width. Umbrellas are permitted. All canopies shall be constructed of fire resistant vinyl fabric or canvas as approved by the City of Virginia Beach Planning Department/Permits and Inspection Division, and shall meet all applicable Building, Structural, and Fire Codes. Supporting Structure shall be metal pipe or tube system not to exceed 2" in Diameter. Deviations shall be individually reviewed by the City. 5.2.E Fixtures: The furnishings of the interior of a resort open air cafe shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on cafe railing are allowed. All movable objects required for operation of a resort cafe shall be removed from the cafe area and stored out of view during adverse weather conditions acclaimed by the City during, the off-season, or when the cafe is not in operation for more 5 than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. 5.2.F Planting: Additional planting may be required by City Staff for Category B Cafes (Connector Park Cafes). The City Landscape Services Department shall review and approve the applicants landscape plan. 5.2.G Access: One well-defined opening is required. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 5.2.H Size: Improvements on public property are limited to a cafe (maximum 800 sq. ft.). 5.2.1 Maintenance: Cleanup and necessary maintenance of the area of a Category B (Connector Park Cafe) including landscape areas and City property adjacent to cafe is the sole responsibility of the designated franchisee. 5.2.J Lighting: Only incandescent lighting, candles, Christmas lights, and ceiling fans are permitted on the interior of the Category B Cafe (Connector Park Cafe). 5.2.K Storage: Storage of any kind IS not permitted on public property; including trash or refuse. 5.2.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. The name of the establishment may be painted or sewn in a single location on the valence of the canopy with a maximum of eight (8)-inch lettering. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. 5.2.M Bicycle Parking Area: Bicycle parking areas are not allowed in the Connector Parks. Category B Cafes (Connector Park Cafes) must use existing parking racks. 5.2.N Service Bar Openings: Service bar openings for waiter/waitress use are allowed into a Connector Park Cafe only~ Service bar opening will be maximum of 5 feet wide. Operation of bar must meet all ABC regulations. 5.3 Category C - Atlantic Avenue Sidewalk Cafe. An Atlantic Avenue Sidewalk Cafe is to be located on the public sidewalk along Atlantic Avenue directly adjoining an existing restaurant facility in the RT-2 Zoning Districts. Cafes are Bot permitted between 15th and 24th Streets on Atlantic Avenue will be permitted separately as Catel!orv E cafes. Canopies are not allowed for 6 Category C cafes. However, awnings are permitted as defined in Section 5.3.D, Awnings. Category C Cafes are to be temporary in nature and designed so that all chairs, tables, planters, fences, etc. can be removed during periods of non-use. 5.3.A Setback: Category C Cafes are required to be setback a minimum of eight (8) feet from the curb line and all obstructions in the public right-of-way. Pending review of specific cafe site plans, additional setbacks and clear path space may be required. The minimum distance shall be measured from the portion of the cafe frontage which is nearest the obstruction. For the purpose of these guidelines obstructions shall be defined as vertical public infrastructure improvements such as traffic ~ignal poles, sign poles, light poles, planting areas, trees, trash receptacles, benches, bike racks, parking meters, etc. 5.3.B Floor: Only the existing paving or sidewalk is to be used for placement of removable cafe furnishings. Should the building be setback from the curb line, the development of new surfaces for seating may be permitted. 5.3.C Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory-finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. 5.3.D Awnings: Canopies are not allowed for Category C Cafes(Atlantic Avenue Sidewalk Cafes), but awnings as allowed through the Resort Area Facade Program are permitted; awnings extending beyond the dimension permitted in the Resort Area Facade Program (3') may be permitted based on review by City staff and the Resort Advisory Commission (RAC). Umbrellas are permitted. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. 5.3.E Fixtures: The furnishings of the interior of a resort open air cafe shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on cafe railing are allowed. All movable objects required for operation of a resort cafe shall be removed from the cafe area and stored out of view during adverse weather conditions acclaimed by the City during, the off-season, or when the cafe is not in operation for more than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. 5.3.F Planting: Perimeter planting in planters or planter boxes will be required; selection of planting will be determined by City staff. All such planters or plantings shall be on or within the cafe. 5.3.G Access: Only one well-defined entrance opening is permitted to the cafe area; the cafe area must be connected to the corresponding business 7 entrance. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 5.3.H Size: Category C Cafes may not cover more than the front face of the operating business building. In addition, the scale, proportion, and overall design of the cafe shall be reviewed by City staff to ensure the cafe is compatible with the adjacent building, the street block face, and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvements. 5.3.1 Maintenance/Operation: The Category C Cafe operator will be responsible to maintain an attractive and clean cafe area at all times. 5.3.J Lighting: Only incandescent lighting, candles, and Christmas lights are permitted on the interior of the Category C Cafe (Atlantic Avenue Sidewalk Cafe). 5.3.K Storage: Storage of any kind IS not permitted on public property; including trash or refuse. 5.3.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. Ifumbrellas are used the name of the cafe may appear on the valence of each umbrella. 5.3.M Bicycle Parking Area: Bicycle parking areas are not allowed to be installed on City Property. Category C Cafes (Atlantic Avenue Sidewalk Cafes) must use existing bike racks. 5.4 Category D - Atlantic Avenue Side Street Cafe. A Category D Cafe (Atlantic Avenue Side Street Cafe) is to be directly adjoining an existing restaurant facility in the RT-2 or RT-3 zoning district; is to be located on public property; and is to be located on side streets only between Atlantic and Pacific Avenues. No cafes are authorized west of Pacific Avenue. Category D Cafes are to be temporary in nature and designed so that all chairs, tables, planters, fences, etc. can be removed during periods of non-use. Canopies are allowed for Category D cafes but not required. 5.4.A Setback: Category D Cafes (Atlantic Avenue Side Street Cafes) are recommended to be setback eight (8) feet, but a minimum distance of (6) feet clear sidewalk width, free from obstruction, is required for all Category D Cafes. Pending review of specific cafe site plans, additional setbacks and clear path space may be required. The minimum distance shall be measured 8 from the portion of the cafe frontage which is nearest the obstruction. For the purpose of these guidelines obstructions shall be defined as vertical public infrastructure improvements such as traffic signal poles, sign poles, light poles, planting areas, trees, trash receptacles, benches, bike racks, parking meters, etc. 5.4.B Floor: Only the existing paving or sidewalk is to be used for placement of removable cafe furnishings. Should the building be setback from the curb line, the development of new surfaces for seating may be permitted. 5.4.C Perimeter Fence: A perimeter fence shall be a minimwn of thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory-finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. 5.4.D Canopy: Canopies are permitted but not required. If specified, a Category D Cafe (Atlantic Avenue Side Street Cafe) shall have a soft top, temporary canopy constructed as specified herein. The canopy shall only cover the top of Category D Cafes ( Atlantic Avenue Side Street Cafes), except that transparent vinyl or plastic curtains may be used on the sides as windbreaker. At no point shall the height of the canopy be lower than eight (8) feet above the floor of the Category D Cafe (Atlantic Avenue Side Street Cafes). The valence of the awning shall not exceed twelve (12) inches in width. Umbrellas are permitted. If umbrellas are used the name of the cafe may appear on the valence of each wnbrella. All canopies shall be constructed of fire resistant vinyl fabric or canvas as approved by the City of Virginia Beach Planning Department/Permits and Inspection Division, and shall meet all applicable Building, Structural, and Fire Codes. Supporting Structure shall be metal pipe or tube system not to exceed 2" in Diameter. Deviations shall be individually reviewed by the City. 5.4.E Fixtures: The furnishings of the interior of a resort open air cafe shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on cafe railing are allowed. All movable objects required for operation of a resort cafe shall be removed from the cafe area and stored out of view during adverse weather conditions acclaimed by the City during, the off-season, or when the cafe is not in operation for more than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. 9 5.4.F Planting: Perimeter planting in planters or planter boxes will be required; selection of planting will be determined by City staff. All such planters or plantings shall be on or within the cafe. 5.4.G Access: Only one well-defined entrance opening is permitted to the cafe area; the cafe area must be connected to the corresponding business entrance. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 5.4.H Size: A Category D Cafe (Atlantic Avenue Side Street Cafe) may not cover more than the front face of the operating business building. In addition, the scale, proportion, and overall design of the cafe shall be reviewed by City staff to ensure the cafe is compatible with the adjacent building, the street block face, and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvements. 5.4.1 Maintenance: The Category D Cafe operator will be responsible to maintain an attractive and clean cafe area at all times. 5.4.J Lighting: Only incandescent lighting, candles, Christmas lights and ceiling fans are permitted on the interior of the Category D Cafe (Atlantic Avenue Side Street Cafe). 5.4.K Storage: Storage of any kind IS not permitted on public property; including trash or refuse. 5.4.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. The name of the establishment may be painted or sewn in a single location on the valence of the canopy with a maximum of eight (8)-inch lettering. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. 5.4.M Bicycle Parking Area: Bicycle parking areas are not allowed to be installed on City Property, Category D Cafes (Atlantic Avenue Sidewalk Cafes) must use existing bike racks. 5.5 Cate 0 E - Atlantic Avenue Sidewalk Cafe--15th to 24th Streets. A Category E Cafe (Atlantic Avenue Sidewalk Cafe-15th to 24 Streets) is to be located on the public sidewalk along Atlantic Avenue directly adjoining an existing restaurant facility in the RT -2 Zoning Districts between 15th and 24th Street. A franchise for these cafes will only be granted to those restaurants located on private property with 80% or more 10 of interior space dedicated to table and chairs for sit down service by a waiter or waitress. Category E Cafes are to be temporary in nature and designed so that all chairs. tables. planters. fences. etc. can be removed during periods of non- use. 5.5.A Setback: Category E Cafes are required to be setback a minimum of eight (8) feet from the curb line and all obstructions in the public right- of-way. Pending review of s{Jecific cafe site plans. additional setbacks and clear path space may be required. The minimum distance shall be measured from the {Jortion of the cafe frontage. which is nearest the obstruction. For the purpose of these guidelines obstructions shall be defined as vertical public infrastructure improvements such as traffic signal {Joles. sign {Joles. light poles. planting areas. tree grates. trees. trash receptacles. benches. bike racks. parking meters. etc. 5.5.B Floor: Only the existing paving or sidewalk is to be used for placement of removable cafe furnishings. Should the building be setback from the curb line. the development of new surfaces for seating may be permitted on private property only. 5.5.C Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be decorative in nature and constructed of finished painted wood. factory-finished metal. or a pre-manufactured heavy grade fiberglass or ornamental metal railing system. All cafe perimeter fence systems shall be reviewed by the city prior to approval for their use. Planter systems are encouraged to complement the fencing svstem. 5.5.D Awnin2s: Canopies are not allowed for Category E Cafes (Atlantic Avenue Sidewalk Cafes), but awnings as allowed through the Resort Area Facade Program are permitted: awnings extending beyond the dimension permitted in the Resort Area Facade Program (3') may be permitted based on review by City staff and the Resort Advisory Commission (RAC) Planning Design Review Subcommittee (PDRC). Umbrellas are {Jermitted. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. 5.5.E Cafe Furnishin2s: The furnishings of the interior of a resort open air cafe shall consist solely of moveable tables and chairs and decorative accessories. Tables and chairs shall be constructed of stainless steel. 11 fiberglass. powder coated aluminum or other metal. painted. treated or natural finish exterior grade wood. high density polyethylene (HDPE) or an approved site furnishing system. All cafe furnishings shall be reviewed by the city prior to approval for their use. In no event shall such obiects penetrate the exterior perimeter boundary or the canopy. All movable obiects required for operation of a resort cafe shall be removed from the cafe area and stored out of view during adverse weather conditions acclaimed by the City during. the off-season. or when the cafe is not in operation for more than a five (5) day period. These obiects include tables. chairs. furnishings. and decorative fixtures. 5.5.F Plantin2: Planter boxes on cafe railings are allowed. Selection of planting will be reviewed by City staff. All such planters or plantings shall be on or within the cafe. Cafe operators will be responsible for landscape maintenance of all planters 5.5.G Access: Only one well-defined entrance opening is permitted to the cafe area: the cafe area must be connected to the corresponding business. Special consideration should be given to refurbishment of the restaurant facade to allow access to the cafe from the interior of the restaurant at another location than the main restaurant entrance. French doors or similar door systems should be used to open the existing restaurant directly on to the outdoor cafe so as to not conflict with the main restaurant entrance area. In all possible cases. cafes should be accessed from the interior of the restaurant and not from the Atlantic Ave. sidewalk area Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 5.5.H Size: Category E Cafes may not cover more than the front face of the operating business building. In addition. the scale. proportion. and overall design of the cafe shall be reviewed by City staff to ensure the cafe is compatible with the adiacent building. the street block face. and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvements Program. 5.5.1 Maintenance/Operation: The Category E Cafe operator will be responsible to maintain an attractive and clean cafe area at all times. 5.5.J Lightin2: Only incandescent lighting. candles. and holiday lights are permitted on the interior of the Category E Cafe. Special considerations may be extended to cafes located directly under city provided street lighting. 12 5.5.K Storae:e: Storage of any kind is not permitted on public property: including trash or refuse. 5.5.L Sie:ns: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. 5.5.M Bicycle Parkine: Area: Bicycle parking areas are not allowed to be installed on City property. Category E Cafes must use existing bike racks. 5.5.N Special Franchise Requirements: Every Category E Cafe franchise agreement shall contain the following special requirements. which shall control in the event of a conflict with any other provisions of the Resort Open Air Cafe Regulations: 1. Alcoholic beverages shall only be served with meals. and only in unbreakable drinkware: 2. The operator shall not permit persons other than patrons or employees of the establishment to enter the premises or to congregate therein. other than at tables provided by the establishment: 3. In the event a public safety official determines that the open air cafe should be closed earlier than the normal closing time for reasons of crowd control. unruly behavior either within the establishment or in nearby areas. or for other reasons related to preservation of public safety or public order. the operator shall close the open air cafe immediately or at such later time as directed by the public safety official. and the willful failure or refusal of any person to comply with such order shall be punishable as a misdemeanor. as provided by City ordinance: 4. The establishment must offer a full service menu (a copy of which shall be provided to the City Manager as part of the franchise application). and the open-air cafe may remain open only so long as all regular menu items served by the establishment are available to patrons: 5. All tables and chairs shall be removed from the premises upon the close of business each day and stored inside the establishment. and the operator shall not permit the franchised area to be used for storage of furniture or equipment or for any purpose other than as an open-air cafe: 13 6. The operator shall not allow persons awaiting entry into the establishment or open-air cafe to form lines on the sidewalk. but shall admit patrons only from the inside of the establishment; and 7. The operator shall strictly complY with all fire. building. zoning. alcoholic beverage control. or health regulations in the operation of the open air cafe and the remainder of the establishment. 5.5.0 Revocation of Franchise: The franchise agreement shall provide that a Category E franchise may be revoked by the City Manager whenever the City Manager determines that one of the following conditions has occurred: 1. The owner or operator of the establishment has been found guilty of a criminal offense arising from the operation of the establishment; 2. The owner or operator of the establishment has been assessed a civil penalty for violation of any fire. building. zoning. alcoholic beverage control. or health regulation arising from the operation of the establishment: 3. The presence of the open-air cafe is causing or contributing to a deterioration of the Quality of the pedestrian experience or general environment in the area: 4. The open-air cafe is in violation of any material term of its franchise agreement or the Resort Open Air Cafe Regulations: or 5. The operator has failed to comply with an order of a public safety official of the City directing that the open-air cafe be closed. as provided by Section 5.5.N (3) of the Resort Open Air Cafe Regulations. The franchise agreement shall also provide that the City Manager may suspend the owner or operator's privilege to operate the open air cafe under the franchise pending a final disposition of any criminal charge. alcoholic beverage control violation. or civil infraction arising from the operation of the establishment. 5.5.P Effect of Revocation of Franchise: The franchise agreement shall provide that. upon revocation or suspension of a franchise by the City Manager. the owner or operator shall immediately cease operation of the open air cafe and shall remove all tables. chairs and other items located on City pro?erty within twenty-four (24) hours of the revocation or suspension. As provided by City ordinance. the failure of the owner or operator to comply with the order of the City Manager revoking or 14 suspending a franchise shall punishable as a misdemeanor. The franchise agreement shall authorize the City Manager to remove or contract for the removal of any tables. chairs. barriers and other items encroaching upon City property and charge the costs thereof to the owner or operator. which costs may be collected as real estate taxes are collected. 5.5.R Facade Review and Improvements: Prior to the consideration of any application for a Category E franchise. the applicant must submit a preliminary concept of the proposed cafe. including photographs of the existing fayade of the associated restaurant building and adiacent building facades. and architectural renderings demonstrating how the cafe will be integrated with the associated restaurant building's facade. The facade must be structurally sound and in good repair. and the proposed cafe and facade must be consistent with the Resort Area Facade Program Design Guidelines. The Resort Advisory Commission Design. Committee will review the proposed cafe and the condition of the existing building facade. and either (1) approve the preliminary concept or (2) provide the applicant with recommended changes for the proposed cafe. the facade or both. Only after the preliminary concept is approved will an application for a Category E franchise be considered under section 6.1. The effective date of this subsection shall be January 1. 2006. No Category E franchise shall be granted or renewed for a term that extends beyond April 30. 2006. unless the franchisee has complied with the requirements of this subsection. SECTION 6. ADMINISTRATION AND ENFORCEMENT 6.1 Requirements for Application In order to create a Resort Open Air Cafe, the granting of a franchise agreement will be required. Applications (per Section 6.2) will be made to the Office of the City Manager or his designated representative, the Departmont of Convention and Visitor~ DevelopmentJResort Management Office and the Design & Planning Committee of the Resort Advisory Commission, and shall ensure continued compliance with applicable policies and guidelines in addition to those specifically stated herein. These requests will be reviewed by the Office of the City Manager or his designated representative, the Department of Convention and Visitor Development (Resort Management Office), with recommendation for approval/disapproval from the Resort Advisory Commission, and will be reviewed and acted upon by the City Council ofthe City of Virginia Beach. The regulations herein are intended to establish the necessary criteria with which the Resort Open Air Cafes shall first comply in order to be eligible for consideration for such a franchise agreement. Request for a variance to any of the following regulations may be reviewed by 15 I-~ ! i staff and the Resort Advisory Commission. Such consideration shall apply only to conditions relevant to the site and placement of the cafe, NOT construction material. Approval of the City of Virginia Beach Health Department and (when applicable) the State of Virginia Alcoholic Beverage Control Board is required for operation of Resort Open Air Cafes. A fee of one-hundred dollars ($100.00) shall be paid to the City for the processing of an application for a franchise. The City Manager or his designated representative shall not accept any application unless such fee be paid at the time application is filed. Applications for cafe franchises to be received no later than March 1, proceeding summer season of anticipated construction and operation. No application shall be processed for the year in question that fails to meet the application deadline. The City Manager or his designated representative, is hereby authorized and directed to prepare and adopt a procedure for the processing of such applications and the reporting to City Council of any detrimental effect which requested franchise may have on the public health, safety, welfare, and interest. City Council may deny or grant a franchise subject to such terms and conditions as City Council may, in its discretion deem proper. Notwithstanding any other provision of law, City Council shall deny any franchise request it determines, in its discretion, to be detrimental to the public health, safety, and welfare or interest. 6.2 Documents and Review Required for Application Three (3) copies of a preliminary site development plan, including a current physical survey, no older than 90 days, from building to the curb line, finish schedule, a landscape plan, and elevation drawings showing canopies and their relationship to the support buildings. Engineering/Site Plan review will be necessary for cafes requiring construction of a concrete slab and/or temporary improvements in the public right-of-way. Fifteen (15) copies of the final site plan will be required and should be submitted to the Development Services Center, Room 180, at the Municipal Center Operations Building (Building #2). Photographs of the proposed cafe site and building facade. RAC - Design Committee review and recommendation for approval/denial. 16 Plan Content: Plans shall be prepared using a minimum scale of 1" = 1 0'0" and shall show by name and dimension all existing property lines, easements, buildings, and other structures, vehicular use areas (including parking stalls, driveways, service areas, etc.), proposed and existing walkway systems, and proposed Open Air Cafe. Physical survey by land surveyor showing clear path and all obstructions. Elevations: Elevation drawings shall be prepared using a minimum scale of 1" = 1 0'0" and shall show all existing and proposed structures directly adjoining the proposed cafe structures. Two elevations are required: one front elevation and one side elevation and/or section drawing. Finish Schedule: Finish schedule shall include all finish materials proposed for the Open Air Cafe construction including a landscape plan. Blueprints/Copies: All drawings shall be in reproduced form, no originals shall be accepted. 6.3 Insurance and Fees Applicant will provide liability insurance coverage not less than one million dollars ($1,000,000) for personal injury and property damage as required. The franchise fee is to be determined on a gross square foot basis/per year, payable to the City of Virginia Beach no later than May of the year in effect. The fees are as follows: Category A: Category B: Category C: Category D: Category E: Boardwalk Cafe Connector Park Cafe Atlantic Avenue Sidewalk Cafe Atlantic Avenue Sidestreet Cafe Atlantic Avenue Sidewalk Cafe - 15th to 24th Streets 2001 2002 2003 2004 2005 Category A 3.25 4,00 5.00 6.00 7.00 3%** Category B 3.25 4.00 4.75 5.50 6.00 3%** Category C 3.25 4.00 4.50 5.00 5.00 3% .. Category 0 3,25 4.00 4,00 4.00 4.00 3% .* Category E 5.00 3%.* * * 3 % increase each year thereafter 17 Prior to commencement of operations the Grantee must execute a bond or letter of credit in favor of the City of Virginia Beach in the amount of ten thousand dollars ($10,000) as determined by the Public Works Department and the Resort Management Office. 6.4 Enforcement The franchise period shall be for one (1) year for the first year of operation. Based upon compliance with these regulations and the Council's desire to continue to allow Open Air Cafes, an extension of the franchise may be authorized by the City Council for up to an additional five (5) year period. During the period in which the franchise is in effect, the Office of the City Manager or his designated representative is to enforce the provisions of the franchise agreement, and is authorized to suspend the agreement if there is a violation of the agreement. In the event the City determines that the Grantee has failed to properly comply with any of the terms or conditions of this Agreement, Grantee shall be given a minimum of twenty-four (24) hours and a maximum often (10) calendar days to remedy its non-conformance. The amount of time that Grantee shall be permitted to gain compliance shall be determined in the sole discretion of the City, by its authorized officer, agent, or employee. However, such time shall be reasonable and shall be based upon the level of severity of the noncompliance. If Grantee fails to effect compliance within the time allowed, the City shall have the right to suspend Grantee's operation, in whole or in part, until such time as Grantee shall remedy its non-compliance. No portion of the open air/boardwalk cafes shall open or project beyond the designated perimeters of the cafe area. SECTION 7. DEMOLITION If applicant is required to demolish or remove cafe or any portion thereof, the applicant must submit approval plans to the Department of Planning for review. 18 .' I ~ I . , i , . I ''::' I . , , . I " , RESORT I/REI/ FI/CIIDE 'PROGRI/M .~ . I r- - ,.-, .--, . I- '-- - - i "\ , I Design Guidello~s (I.'Y of V,rg,o'.(J Be(Jch ~'-" I .:::: t /7 _-# , . , ^l....... 0 I '"7 "c n _ t _ C" n " INTRODUCTION The following design guidelines have been developed for the City of Virginia Beach by Philip.A. Shaw and Associates; and. Planning Design Resources/Morton B. Gulak of Richmond. Virginia. The guidelines have been reviewed by representatives of the Resort Area business community through a process of public workshops and presentations. In addition, the guidelines have been reviewed by members of the Resort Area Advisory Commission and City departments including Zoning and Permits, the City Attorney's Office. Public Works/Real Estate. and the Resort Programs Office. Through the review process a variety of recommendations an~ revisions have been incorporated in the guidelines. The guidelines are intended to assist appearance of commercial properties, and vitality of the resort area. resort businesses in improving the therefore, improving the economic . ;1 .:,1 "1 ~ I I ri RF30RT AREA. FACADE PROGIWI DESIGN GUIDBLIN'BS VIRGINIA BEACH, VIRGINIA PURPOSE The program of improvements to the Resort Area commercial district is intended to maintain its economic position and attraction to future consumers. The process to accomplish this program is complicated and requires many components to achieve its purpose. Urban design. one of the components, can achieve dramatic results through simple rehabilitation of building facades. The following guidelines establish a uniform approach to facade improvements through an overall design theme for the Resort Area. By following these guidelines, property owners and merchants will improve the appearance of their individual building and the entire area as well. SCOPE These design guidelines apply to commercial buildings directly adjacent to the public right-of-way in the Resort Area as delineated by the boundaries of the Beach Borough. GENERAL DESIGN rKATURES The following are the design features that ar~ important to producing a cohesive shopping environment in the Resort Area and providing an identity for individual facades: SCALE - the relationship of buildings and their parts to human size and perception. RHYTHK - .the pattern of repeating elements such as individual facades or signs that exist on each block. PROPORTION - the proper fit of building parts and the overall facade (windows. doors, roofline and decorative trim) to each other. MATERIALS - the facade materials in relation to the original facade design and construction and to neighboring facades. COLOR - colors should respect the building's architecture. be coordi- nated along each block and create a mood for the street. i I ~ I : Actions are necessary by each building owner to transform these design features into a quality shopping district. These actions may be minor involving only paint, a sign or an awning, or major involving the restoration of the entire storefront. Each action. no matter what scale, when guided by these guidelines will help to make the area into a more coherent shopping district. I II .. :FACADB DESIGN GUIDHLINBS 1. R!TAIN .AND RlSTOllI THE ORIGIRAL S'l'ORKP1Dll WHERE POSSIlU.E The original storefront was designed to present that business in an attractive manner through a coordination of scale, proportion and alignment of its features. Restoration of this design, in most cases, will reestablish the building '.s scale and character and expose the original design relationships. Painting, removing later additions to the facade or adding trim or other elements can also achieve the restoration of the intended design statement. 2. BACH STORKPRoNT SHOULD BE mENTIFIABI.B: Additions to facades over time and renovations that include two to three storefronts within one design exist in sections of the Resort Area. These are confusing to shoppers when trying to locate the entrance to a particular business. Color and design should be used to properly identify each storefront and reestablish the rhythm of facades along the street. 3. EXPOSB ORIGINAL WINDOW AND DOOR OPENINGS Once the original openings for storefront windows and doors are restored, the proper proportions of the facade will be more clear. Where this is not pOSSible, due to later construction or the present type of business, efforts should be 'made to identify these openings with paint or applied trim. 4. AVOm ARTD'ICIAL MATERIALS THAT DO HOT :FIT WITH THE ORIGINAL DESIGN lR'I.'D1TIONS Materials that are artificial to the original design, construction and materials present a confusing identity to visitors. Aluminum siding, for example, is a residential material and does not fit in a commercial district. The use of wood, brick, stucco and glass is appropriate but should be designed to fit with the lines for the facade and its urban setting. 5. RDfOVE EXTlW1EOUS MATERIAL ROM 'l'BB FACADE Unused sign mounting brackets, old metal clips, utility boxes, obsolete pipes, vents and, if possible, front air conditioners should be removed to clean-up the facade and prevent rust stains and mortar deteriora- tion. , r'j n 6. RHHOVE SIGNS THAT DO NOT FIT WITH 'l'HE DESIGN CHARACTER AND PROPORTIONS OF 'l'IIR FACADE Signs can provide a level of distinctive identity to the Resort Area. Their design should be compatible with the building and storefront in addition to identifying the nature of the business. Individuality and image are encouraged within a framework of quality. Sign color, material, size and shape should reinforce the proportions of the facade i J and be coordinated with. other features of the building. Signs should be legible_ clear, attractive, placed logically and not obscure openings or building details, and be constructed of durable materials. Generally, signs should be indirectly lighted. Self-illuminated signs should not be more intense than neighboring signs so that all signs are visible to shoppers. This guideline should be used in conjunction with the City of Virginia Beach's new sign ordinance. Signs allowed under this ordinance along with the guideline will create a pattern of coherence and quality along Atlantic Avenue. 7. PLACE BOTl'OK OJ' SIGHS AT m.EVEN l'EET FROM SIDEWALK GRADE A strong sense of cohesiveness and order is achieved when signs are aligned to establish a visual base line on the street. The eleven foot placement will provide an easily identifiable location for shoppers to look fora particular business and reduce confusion. Individuality is encouraged in sign shape since a whole block will become unified through this element. When placement of signs is not possible at eleven feet, city staff will recommend placement and notify zoning officials of their recommendations. . 8. ENCROAClIHKNTS SHOULD BE KEPT TO A MINIHmI Fixed, rigid frame awnings may be placed over facade openings if needed for sun or weather protection. Awnings should be designed to comple- ment the architectural features of the facade and not overwhelm the building or the street. Signs on awnings are encouraged but will be considered a portion of the building sign allotment. A maximum of six inch letters should be used on awning signs. Recommended size of awnings is: Width - 85% of the front footage of the facade (recommended), the awning is not to extend to the property line or edge of the face of the building. htensions (maximum) three feet beyond the face of the facade Bottom Height eight feet six inches above the sidewalk grade (minimum) with an additional eight inches allowable for a valence. I , i j ~ There may be unusual situations where height may not be possible, in those ensure that the awning dimensions buildings and awnings. the recommended awning width and situations it is important to are compatible with the adjacent The attached list of recommended awning colors should be used to coordinate awnings with other colors on the street. NOTE: Approval for encroachments in the public way is required for awnings recOlllDeOded in this guideline. I n Many of the resort area bui~dings include facade elements which overhang the public right-of-way, these elements include roofs. canopies. awnings. marquees. Encroachments for these elements may be considered based on the following criteria: Original Part of Structure - overhanging elements must be an integral part of the original building structure. The encroachment applicant is responsible for providing appropriate information relating to the design. and construction specifications of the overhanging elements. Unreasonable Damage - overhanging elements should be per- mitted only if the property owner can demonstrate the removal would cause unreasonable damage to the building. Overhanging elements or portions of the elements should not be permitted based on the following criteria: Signs - no signs allowed on overhanging elements except as identified in the awning guidelines. Visual supports - overhangs supported by cables and other structural supports which are visible from the exterior of the building are not permitted. Dimensions width, bottom height. and extension should comply with the awning dimensions outlined above. In some cases compliance with the recommended dimensions may be modified and permitted based on structural and or design consistency, considerations for public safety, and coordination with adjacent building. 9. LIGHT INTERIOR OF STOREFRONT WINDOWS AND NOT THE EXTERIOR OF THE FACADE Lighting of interiors behind the storefront glass reduces glare and allows displays to be visible from the outside. Interior lighting can also ~prove security by making activities visible from the outside. Interior lighting is a general recommendation and not necessarily appropriate for all businesses, however, all retail display windows should be adequately lighted from interior sources. A consistent level of exterior lighting along each block should be implemented. Exterior lighting should emphasize signs and the top of facades from eleven feet to the roof line of buildings. Until the time that pedestrian level lights are installed. exterior lighting of buildings may be permitted as follows: ~ Hounting - exterior lights should be flush mounted and not extend more than 12" (twelve) inches maxiinum from the face of the building facade. Direction - no more than 507. of the illumination of the lights should fall on the face of the building. I n NUmber - flush mounted lights are not to exceed three (3) for each twenty feet of building frontage. Awning lighting - lights beneath the awnings for the purpose of backlighting the awning or storefront entry lighting may be permitted. Perimeter lighting - nonpu1sating, white, perimeter lights outlining only awnings and the building rooflines will be permitted. Adjacent or connected buildings should be encouraged to coordinate this type of lighting to facilitate a unified and consistent treatment of building facades. 10. USE COLORS nOM THE RECOMHBNDED COLOR SCBEHE FOR ATLANTIC AVF.N1JE FOR PAINTING :rACADES AND. BUILDING PAR'l'S. Colors should compliment the architectural facade and be compatible with adjacent buildings. Color combinations on each facade should be limited to three colors: an overall base color and two accent colors. Side and rear walls should avoid harsh shifts from the facade colors. The attached list of recommended colors should be used to produce a complimentary series of facades on each block and a consistent mood throughout the shopping district. Colors will be reviewed for compatibility with adjacent properties and overall conformity with the int,entions of the facade program. UnuS11al or special situations my occur which will require a flexible interpretation of the color recommendations. 11. 'l'WO STORY FACADES SHOULD FOLLOW THP'SB GlJIDI<<.l:NBS FOIl IKPROVEMENTS These guidelines are intended for two story buildings with activities on the second floor as well as for one story buildings. Buildings with three or more floors should apply these guidelines to first floor commercial frontage and to the rest of the building as appropriate. 12. HAINTAIN BUILDINGS PROPDLY Facades of buildings should be maintained to prevent structural deterioration of materials and an unsightly appearance. Each facade should be inspected and evaluated to determine the effects of weather on the condition of materials. Proper maintenance includes the following facade elements: ~ Masonry (brick, stone_ terra cotta...) requires periodic cleaning to remove surface dirt and grime. Water or gentle chemicals should be used. Sandblasting is not recommended. Paint on masonry should be replaced every two to five years to preserve the quality of the color and the surface finish on the facade. Repainting to replace washed out mortar or repair cracks should be mixed to match the color and consist- ency of the existing mortar. I In Wood should be repainted every two to five years. Rotted or damaged pieces should be replaced in a manner as to conceal their installation. Parapet walls and copings should be repaired and restored to their original size and shape. The joint at the intersection of the roof and parapet should be properly flashed and sealed to prevent water from entering the building. Roofs should be repaired, if leaking_ and gutters. downspouts and flashing repaired or replaced. Storefront windows and c~ulkin8 should be replaced, if needed, and drip sills set at the top and bottom of windows to prevent water from flowing behind surface materials. Weep holes should be opened at the base of facades if there is an indication of water behind the surface. Metal surfaces should be cleaned gently to remove loose or peeling paint and all corrosion in preparation for painting. Prime surfaces with an appropriate rust inhibitor and then paint with an oil base paint. ~ I I I IJ RBSORT AREA llACADE PROGRAM VIRGINIA BEACH, VIRGINIA RecOIIIIleIlded Paint Colors Color Number Manufacturer 1 Base Colors: Bedford Blue Coral Tan Tawny Coral Clay Basket Autumn Mist Appalachian Fern 4070 3250 4252 3611 2536 3428 Pittsburgh " " " " If Trim Colors: Colony Red Grotto Green Valley Forge Green Black Umber Sonoma Grape Slate Mill 4187 .4039 7428 7613 4073 3751 " " II II " " ReCOIIIIleIlded Awning Colors2 J 3 Salmon Aquamarine Beige True Brown Sky Blue 4627 4623 4620 4621 4624 Sunbrella 1 II It It II 1 Manufacturers names are for color reference only. The selected color does not have to be from the planned manufacturer. 2 Acrylic fabric is recommended. however. canvas is permitted as specified in the Statewide Building Code (BOCA). 3 Two .combinations of these colors are recommended as are white or another neutral color with an approved color. -..... :; ~ i =1 .'H' -1 ~~C'e t DD D I r.~. 0" l ~ . . . . - .... ~ - . 1 Ke1AI~ I Ke~ToK~ OF\{blNAL- ~T01\e-f'~ONT fr\oroqlON7 .-- ,....-, r-- i--- '-- 2 e,A?ti ?1~erJ\CM T 0HOUW W lDeN 11 FfAbLe: ..- '" j . ----i n ,... . D [ '-- 3 ~x f'o/;t Ot\lolMAL- ureN ~N{~ ~ 4 I . i ~ . ,,"". r ~ . . . I I 5 r:tMove ~XTt\AMWU? tV\L\TeKIAL - L 2JB@100 [ _. ;' ..... ~ = ~ -' - - - ..... 1/ ~ -. 6 7 ~ ~(Dli rromtof'{ , I AKD LO?A TiON n I , I t-. .. . ...~ ( ~ ::.~ -~ 8 et{c;KoAcA1tY\~T OIMBHtJlOt\'7 ~ @ Jr 9 LlbHT INT~r\lm\ Of 0TORefr\oN1 W[NDCW~ I ] 'Icw ~\t\1c7 ( .- - .--. '. D ~ ' -- -"~ - td..a ~Ja ~ ~(..o ~ ~ coLoR ~1 f<l ~ ~'2 10 Ll0B R~COlv\",\&}JCED vO l,OK ~~ eM f/ i - 31 - Item V-I.3. ORDINANCES/RESOLUTION ITEM # 53682 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to TRANSFER $2,000,000 from the Debt Service fund and $9,138 from Reserve for Contingencies to the "Police Training Facility" and the Police Department's FY 2004-2005 operating budget re services at the Blackwater Lodge and Training Center; and A UTHORIZE the City Manager to execute the services contract, Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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: None Council Members Absent: Vice Mayor Louis R. Jones and Richard A. Maddox March 8, 2005 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO TRANSFER $2,000,000 FROM THE DEBT SERVICE FUND AND $9,138 FROM RESERVE FOR CONTINGENCIES-REGULAR TO CAPITAL PROJECT #3- 229, "POLICE TRAINING FACILITY," AND TO THE POLICE DEPARTMENT'S FY 2004-05 OPERATING BUDGET TO FUND SERVICES AT THE BLACKWATER LODGE AND TRAINING CENTER AND TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A SERVICES CONTRACT WITH BLACKWATER LODGE AND TRAINING CENTER, INC. 11 WHEREAS, the City Council approved a site selection study in 12 2003 to determine how firearm training needs for the Police 13 Department could be met; 14 WHEREAS, the study identified the possibility of an agreement 15 with a third party to provide training services, and an RFP was 16 issued to determine the feasibility of such an arrangement; 17 WHEREAS, Blackwater Lodge and Training Center, Inc. , 18 ("Blackwater") submitted a response that has been determined by 19 City staff to provide the best solution for the Police Department's 20 firearm training needs; and 21 WHEREAS, under this proposal, a driving track, and a firearms 22 simulation and classroom training facility will be located at the 23 Creeds Air Field site, and live firearms training will be conducted 24 at Blackwater facilities located in Moyock, North Carolina under a 25 service contract with Blackwater. 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 1. That Capital Project #3-229, "Police Training Facility - 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Site Selection and Design," is hereby renamed to Capital Project #3-229, "Police Training Facility," with its scope modified to provide for design and construction of a driving track, firearms simulation and classroom training facility and to allow site acquisition, as available, for a noise buffer zone at the Creeds Air Field site. 2. That $2,000,000 is hereby transferred from the Debt Service Fund, and $9,138 is hereby transferred from the General Fund's Reserve for Contingencies - Regular, in the amounts and for the purposes set forth below: a) $1,360,000 to Capital Project #3-229, "Police Training Facility," for the design and construction of a driving track, firearms simulation and classroom training facility and to allow site acquisition for a noise buffer zone at the Creeds Air Field site; b) $516,000 to the FY 2004-05 Operating Budget of the Police Department to fund a deposit associated with services at the Blackwater Lodge and Training Center; and c) $133,138 to the FY 2004-05 Operating Budget of the Police Department to fund a portion of the annual contract payment, for the period beginning March 2005 through June 2005, for services at the Blackwater Lodge and Training Center. 53 3. That the City Manager is hereby authorized to enter into a 54 services contract for live firearms training with 55 Blackwater Lodge and Training Center, Inc., in Moyock, 56 North Carolina as described in the Summary of Terms 57 provided to the City Council. 58 59 Adopted by Virginia, on the Council of the day of March the 8th APPROVED AS TO CONTENT: J;JcGu CA9515 P&A/GG/ordres/Blackwater February 24, 2005 R-2 Ordinance.DOC City of , 2005. Virginia Beach, APPROVED AS TO LEGAL SUFFICIENCY: ;:e~ City Attorney'~e Agreement for Services Between the City and Blackwater Lodge and Training Center, Inc. SUMMARY OF TERMS City: City of Virginia Beach (the "City") Owner: Blackwater Lodge and Training Center, Inc. ("Blackwater") Location of Services: 850 Puddin Ridge Road, Moyock, North Carolina, 27958 Scope of Services: Provide firearms range time to VBPD at specific ranges in the facility 365 days per year. Provide building space at the Facility for the exclusive use of the VBPD for classrooms, offices equipment storage and gun cleaning within 180 days from the Commencement Date. Provide all related services including, but not limited to, facility security, all facility and building maintenance and repairs (structural & non-structural), range maintenance (including all environmental cleanup), utilities including, but not limited to, heat & air conditioning, electricity, water, sewage, and trash disposal and landscaping services. Term: Ten years. Contract may be renewed for an additional ten years. Cost: Initial Deposit of $516,000 payable upon the Commencement Date. The Initial Deposit shall be divided by 12, the quotient of which shall be $43,000. Said sum shall be subtracted from each quarterly payment ofthe Base Service Fee during the first 3 years of the Initial Term. The annual Base Service Fee (less the unamortized portion of the Initial Deposit) for years 1-3 of the Initial Term shall be $432,560. The annual Base Service Fees for years 4-10 shall be $604,560. Responsibilities of the City: . Shall undertake and assure that all Virginia Beach personnel participating in training at he facility shall receive a Notice to Participant at all safety briefings conducted prior to training. The Notice warns all participants of the risks associated with firearms training. . Shall pay for all premiums associated with the purchase of an insurance policy to cover claims made against Blackwater by Virginia Beach employees for injuries suffered at the facility. The cost of said insurance policy shall be passed through to the City without markup. The City will be a named insured on the policy. Responsibilities of Blackwater: . Shall indemnify the City for all tort and environmental liability. Other Terms: . Ifthe Contract is terminated due to Blackwater's default the City will be entitled to a refund of any unamortized portion ofthe Initial Deposit. Ifthe Contract is terminated due to the City's default, any unamortized portion of the Initial Deposit shall be deemed non-refundable. . The Contract shall be governed by Virginia law, but venue shall lie in the Superior or Circuit Court in Currituck or Camden County, North Carolina or the United States District Court of North Carolina, if federal jurisdiction exists. . All financial obligations of the City under this Contract are subject to appropriations. - 32- Item V-L4. ORDINANCES/RESOLUTION ITEM # 53683 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to A UTHORIZE a temporary encroachment into a portion of the right-of way at 904 Verano Court by JAMES R. and MARLYN V. BROOKS to construct and maintain a pier, (DISTRICT 7 - PRINCESS ANNE) The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location. 2, The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal, 3. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney'sfees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant must obtain a permit from the Office of Development Services Center, Planning Department prior to commencing any construction within the Encroachment Area. March 8, 2005 - 33- Item V-I.4. ORDINANCES/RESOLUTION ITEM # 53683 (Continued) 7. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days'written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. 8. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicantfor the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100,00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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: None Council Members Absent: Vice Mayor Louis R. Jones and Richard A. Maddox March 8, 2005 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE RIGHT-OF-WAY 6 LOCATED BEHIND 904 VERANO 7 COURT BY JAMES R. BROOKS AND 8 MARL YN V BROOKS, THEIR HEIRS, 9 ASSIGNS AND SUCCESSORS IN 10 TITLE 11 12 WHEREAS, James R. Brooks and Marlyn V. Brooks desire to construct and 13 maintain a pier within the City's right-of-way located behind 904 Verano Court. 14 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 15 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 16 City's right-of-way subject to such terms and conditions as Council may prescribe. 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 That pursuant to the authority and to the extent thereof contained in 99 15.2- 20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, James R. Brooks and Marlyn 21 V. Brooks, their heirs, assigns and successors in title are authorized to construct and 22 maintain a temporary encroachment for a pier in the City's right-of-way as shown on the 23 map entitled: "Exhibit A, LOT-252 GPIN: 2414-92-7883 LAGOMAR ENCROACHMENT 24 AGREEMENT PLAT," a copy of which is on file in the Department of Public Works and 25 to which reference is made for a more particular description; and 26 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 27 subject to those terms, conditions and criteria contained in the Agreement between the 28 City of Virginia Beach and James R. Brooks and Marlyn V. Brooks (the "Agreement"), 29 which is attached hereto and incorporated by reference; and 30 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 31 is hereby authorized to execute the Agreement; and 32 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 33 time as James R. Brooks and Marlyn V. Brooks and the City Manager or his authorized 34 designee execute the Agreement. 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 36 8thdayof Miirch ,2005. 37 38 APPROVED AS TO CONTENTS 39 '?I&lfmf!; C, ~s "::I 40 GNATURE 41 flu R [flJ Edak 42 DEPARTMENT 43 44 45 46 47 48 49 50 APPROVED AS TO LEGAL SUFFICIENCY AND FORM Wi#. ic (J,MUw CITY A ORNEY .ff:\tata\A'lY\CAxlll\~FW CRDIN\cA9467 Bt"cx:K<3.d::x:: CA- '1qc. 1 PREPARED: 1/12/05 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES 58.1-811(c)(3) " >-l. ~ -- THIS AGREEMENT, made this _ day ofL hUOf1' 20 OS, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and JAMES R. BROOKS AND MARL YN V. BROOKS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel ofland designated and described as "LOT 252" as shown on that certain plat entitled "SUBDIVISION OF LAGOMAR, SECTION 6, PHASE 3, PART C, NOVEMBER 29, 1993 SHEET 1 OF 5 PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA" and being further designated and described as 904 Verano Court, Virginia Beach, Virginia 23456; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a private pier, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City 100' drainage easement "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2414-92-7883 It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT AGREEMENT PLAT project: LOT -252 GPIN: 2414-92-7883 LAGOMAR ," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnifY and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 2 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any ofthe insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 3 IN WITNESS WHEREOF, James R. Brooks and Marlyn V. Brooks, the said Grantee has caused this Agreement to be executed by their signature(s) and seales) duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk ff.~~~ /James R. Broo s / STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20_, by , CITY MANAGER! AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: . 4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: ~~OF \J"';& ~OUNTY OF V LVZJL/L1../.-- 1 tLC.llt:1-wit: rJ'L . ..' The foregoing instrument was acknowledged before me this 1-. day of (-~ 20 DS: by James R. Brooks. /t_... L?;!;;:W;P- CbJt~~~_ My Commission Expires: ;j_d_ 3 J - .:)--00',/ ~~~gimTY OF VL.~ (/l-~ &~-t6!wit~ __, The foregoing instrument was acknowledged before me this iJ'''--L_ day of .----7t' L L:::::J, 20 oS; by Marlyn V_Brooks. _...... .' /} J U <... '- ,L/;c___ . Not Public My Commission Expires: :';.3/- ".)0 c/7 , '--'- APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM (~\ /l',.J \;jJ/y,"r f \ . XCi {It'" i / 1,,- ,I ic..l .~. V el, ....,(h.. SiGNATURE PLlJ {{[:Ii J f-~jr;tr DEPARTMENT tJJ!~q tL/1jJl/J#. 5 , , JR BROOKS.DGN M.J.S. PREPARED BY PM' ENG. CADD DEPT. NOVEMBER 3,2004 \ ,.,66 '1.......o?- \...0 \ \y)> \ \~, ~"%,~ \ "\y.-'>\ \~. C) - '\\\\ . a~a \ \ \ Ie;) ~)>7j; \\(ll mm7. \ \ ' CtT\>> ('))> CI (')<T\ \ C.I \1\- <T\ <:"stn AI <T\ ~<;2~ \ 'm~z "}>-... ~6~ Al2 \ " (') '_O"l> ~~% Z )>-\ \ CIa ~~ c. <T\ 7V \ \ ,,(') \ \' 'a, ::z "\\ ~o \ " "T\ \ 1\ \ ~ \L\. VI (\\' \ '\ \J (") \ {T\ o <:> z <;) -\ <T\ o C. AI ':;;. CI ~a '1:.'1:. .~~ '-'U\ '-'''' - " ,,~ .0 -;..Z ~-\ ~ o - o "T\ LOT-253 <T\ 1 -\ o Z \J) ~ ~ <T\ 7V 10.6-#' ~ , 614 ~ 9'<> L.~3 ~.OO' UFl' ~~5 00 38753' TO P.I. OF- ~ VERANO CIRCLE '" 0 "eFl" (50' ~;W) It ..... $:) ~ . ..... 'to ~ 100' DRAINAGE EASEMENT DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA, FOR DRAINAGE PURPOSES AND PUBLIC USE. (M.8. 77, P.14) --47f=7fJO:OO~ [=50. OO~ INSeT: 1 "=20' PROPOSED PIER LOT-252 dote: 02/10/05 file: 204-1154 .dwg tech: proj.mon.: PR EAG proj. no. 204-1154 project: LOT -252 EXJl.llhT HAil GPIN. 2414-92-7883 LAGOMAR Wpl Civil Engineers Land Surveyors'Land Planners Landscape Architects 757.431. 1 04 (M.B.242,PGS.57-61 ) 1~~tO' I ENCn~OACHMENT AGREEMENT PLAT ..V~.~~yV 0/ ~p~slfl!? ~s"e c4. CC9 n~ I fns/'1J. Pt:"..o'J20sed Cncrc;:;;clll>>Mf j (~rth Sic/e) I'~ ".' ...~.,t :ti~lt, '~"."'. 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' ''I>t.~-w.+-.,~ -t!. ".<;'?~G ;'.~.: 1..,'...,."... . 'C..-" ,. '.,';, ~ r [ "'. ~ " ~ 1f .' }....... \ :. l ," ';", ,i~, " < ~. , '., '\ "",:J "' ....... . ... ~. \ Jt; .' ...>': ~;~,~ .'. ~.' l:I,;' ..... 1~ . - 34- Item V-I.5. ORDINANCES/RESOLUTION ITEM # 53684 Todd Solomon, President - Shore Drive Community Coalition, 2260 First Landing Lane, Phone: 496-5733, expressed appreciation to the City Council re adoption of the Resolution. Mr, Solomon recognized members in attendance from Westminster Canterbury, Lesner Point East and the Landings Association. The Shore Drive Community Coalition also suggests a Task Force be created to maintain the momentum of this initiative. Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to ESTABLISH the public's interest in Cape Henry Beach and A UTHORIZE acceptance of dedicated public beach easements re implementation of an erosion plan Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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: None Council Members Absent: Vice Mayor Louis R, Jones and Richard A, Maddox March 8, 2005 1 A RESOLUTION EXPRESSING THE 2 CITY COUNCIL'S INTENTION TO 3 ESTABLISH THE PUBLIC'S INTEREST 4 IN CAPE HENRY BEACH AND 5 AUTHORIZING THE ACCEPTANCE OF 6 OFFERS TO DEDICATE PUBLIC BEACH 7 EASEMENTS FROM BEACHFRONT 8 PROPERTY OWNERS 9 10 WHEREAS, the beach along Cape Henry, from First Landing State Park to the 11 Lynnhaven Inlet, is a valuable public resource, providing protection from storms and numerous 12 recreational opportunities; and 13 WHEREAS, portions of Cape Henry Beach are eroding and are in need of 14 restoration and replenishment; and 15 WHEREAS, portions of Cape Henry Beach have previously been established as 16 being available for public enjoyment, while others are subject to claims of private ownership; 17 and 18 WHEREAS, the City Council has adopted the Beach Management Plan (Plan) 19 which was prepared by the Beaches and Waterways Advisory Commission; and 20 WHEREAS, the Plan places the highest priority on the establishment of the public 21 interest in all of the sandy beaches in the City; and 22 WHEREAS, the Plan also recommends that sand from the Lynnhaven Inlet 23 maintenance dredging project be used to restore and replenish Cape Henry Beach, and that such 24 sand from the inlet be distributed between Ocean Park Beach and Cape Henry Beach; and 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, certain property owners along Cape Henry Beach have offered to dedicate public beach easements to the City so as to clarify the public's interest in the beach fronting their properties; and WHEREAS, the City Council is of the opinion that sand from Lynnhaven Inlet should be used to restore and replenish Cape Henry Beach in addition to Ocean Park Beach; and WHEREAS, the Council is further of the opinion that the public's interest in and right to enjoy the recreational opportunities provided by Cape Henry Beach, should be clearly established. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council declares that it desires to establish the public interest in Cape Henry Beach from First Landing State Park to the Lynnhaven Inlet. 2. That the City Manager is authorized to accept, on behalf of the city, public beach easements from those beachfront owners who have previously stated a desire to dedicate such easements on Cape Henry Beach. Easement dedications shall be approved as to legal form by the City Attorney prior to acceptance by the City Manager. 3. That the City Manager is directed to contact other waterfront property owners on Cape Henry Beach for the purpose of requesting voluntary dedication of public beach easements, and to accept such dedications on behalf of the City, subject to approval as to legal form by the City Attorney. 2 47 4. That the City Manager is directed to request the Army Corps of Engineers 48 to accept the publicly owned portions of Cape Henry Beach as a dredged material placement area 49 for the Lynnhaven Inlet maintenance dredging project, and to implement a program to share the 50 dredged sand between Ocean Park Beach and Cape Henry Beach. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 53 8th day of M~rch ,2005. APPROVED AS TO CONTENT: 1-~~ APPROVED AS TO LEGAL SUFFICIENCY: -- ~-J"-(;S CA9484 ord/res/cape henry beach R-2 March I, 2005 3 City c>f~ -V-irgiT1ia13each DEPARTMENT OF PUBLIC WORKS 757-427-4167 FAX (757426-5783 TOO (757) 427-4305 VBgov.com MUNICIPAL CENTER BUILDING 2 ROOM 340 2405 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9031 DATE: November 23,2004 TO: James K. Spore, City Manager FROM: E. D. Block, Director of Publi SUBJECT: Cape Henry Beach As an on-going issue and follow-up to City Council's June 2001 adoption of the Beach Management Plan, we have explored methods of resolving the beach ownership issue and addressing erosion along Cape Henry Beach - from Lynnhaven Inlet east to our boundary with First Landing State Park. The Beach Management Plan places a priority on resolving beach ownership in this area, and recommended the use of a portion of the sand dredged from Lynnhaven Inlet for replenishment and maintenance of the beach. We believe these objectives can be achieved, to a degree, and are prepared to recommend an implementation plan. However, as with any new program or expansion there are several specific considerations and broad policy issues that need to be addressed. Fortunately, the Beach Management Plan focused on the issues relevant to this topic and provides a policy frame work for making this recommendation. This memorandum is to outline those considerations and a potential implementation plan. The principle policy issue is the question of public domain over our shorelines. After many public meetings, deliberation and formal adoption, the Beach Management Plan places the highest priority on resolving claims of private ownership of our beaches. While we are sensitive to the rights of those property owners with interest in the beach, real or perceived, our policy is to create a documented public interest in all of our beaches for their recreational, economic and storm protection benefits to the community. The sandy beach along Cape Henry consists of a variety of real estate interests, While the entire sandy beach vvas once claimed as private, several public recreation easements and rights of way have been dedicated, creating a checker-board pattern of public rights. An attached map of Cape Henry Beach indicates the current status of James K. Spore, City Manager Cape Henry Beach November 23, 2004 Page 2 public interest along this beach. A group of properties in the central portion of the beach (shown on the map) have stated a willingness to dedicate public beach easements over their platted land, seaward of their improvements. Erosion is not generally severe along Cape Henry Beach, however these 'willing to dedicate' properties are located in an area where erosion has created the need for beach restoration and replenishment. While our policy is to obtain a documented public interest in the beach, the decision to accept the offered easements must be made with the understanding that there will be an expectation for the City to address erosion and maintain the beach. Fortunately, in this case a source of sand is available, subject to policy review and modification. The federal navigation project for Lynnhaven Inlet has produced hundreds of thousands of cubic yards of beach quality sand over its history. The City's role in the inlet maintenance project, as a local sponsor in a formal agreement with the Corps of Engineers, is to provide adequate disposal areas for the material dredged from the channel and to pay the costs associated with the disposal area preparation and restoration. Aside from the significant benefit of inlet maintenance by the federal government, the City is granted ownership of the sand removed from the inlet, and nearly all of the sand dredged from the inlet has been used in our beach restoration and maintenance programs. The current arrangement for managing the sand dredged from Lynnhaven Inlet is to place the entire volume on Ocean Park Beach. The 'disposal area', or beach replenishment area, is the 6,4QO-foot long portion of the bay shoreline on the west side of the inlet, extending from the inlet to the west side of Aires on the Bay - an area clearly documented as public beach. The program for managing and making use of the dredged sand from Lynnhaven Inlet evolved over a number of years, and it is important to note that the current arrangement has only been in place since 2001. We anticipate the need to modify the program again as the placement of the entire volume of sand dredged from the inlet on Ocean Park Beach does not appear to be sustainable. By way of brief program history, sand removed from the inlet during the initial years of the project (1960's) was placed both on Ocean Park Beach and, by use agreement, on private property fronting Pleasure House Creek. Starting in the 1970's, the majority of the sand was placed in the then newly acquired "Lynn haven Inlet Sand Stockpile", the site of the new boat ramp and beach use facility. The material placed in the "stockpile", by Council policy, was truck-hauled to the Resort Beach as source material for the annual beach replenishment project at the oceanfront. A small portion of the sand was periodically placed on Ocean Park Beach to check erosion during this period. After nearly two decades of this practice, during the late 1980's, erosion became significant along Ocean Park Beach - the beach was contributing more sand to the inlet by erosion than was being returned in beach replenishment. .1 James K. Spore, City Manager Cape Henry Beach November 23,2004 Page 3 While the practice of using Lynnhaven Inlet sand as a source for the Resort Beach replenishment program continued until the construction of "Big Beach" in 2001, the distribution of sand between Ocean Park Beach and the stockpile was adjusted in the early 1990's to better match the natural erosion in an attempt to stabilize Ocean Park Beach. The effort was a success; erosion at Ocean Park Beach has essentially been kept in check, The Resort Beach replenishment program was completely revised in 2001. Sand for the Resort Beach now is mined from offshore, eliminating the need to use sand from the Lynnhaven Inlet system. The 2001 Lynnhaven Inlet dredging project placed all sand removed from the inlet on Ocean Park Beach. Another cycle of dredging is anticipated for this winter, February-March 2005. Again, the entire volume of sand removed from the inlet will be placed on Ocean Park Beach - at this point in time it is our only viable option. In round numbers, representing long-term averages, the inlet shoals at a rate of about 45,000 cubic yards per year. The primary source of the shoaling sand is the adjacent beaches. The material is dredged once every three to four years, generating a volume of 150,000 to 200,000 cubic yards per cycle of dredging. Ocean Park Beach has been surveyed and studied with respect to erosion for over 20 years, and documented to erode at a rate of about 30,000 cubic yards per year, primarily into the inlet. While volumes in excess of the erosion rate can be placed of Ocean Park Beach for some period of time, reversing the natural damage done over the years and restoring the beach to a wider and higher dimension, at some point we will realistically face a circumstance of having too much sand on Ocean Park. The primary concern would be impacts to the inlet - new shoaling patterns would form, the inlet could try to migrate easterly, and dredging may be required more frequently to maintain the channel at its current location. With the inlet shoaling at about 45,000 cubic yards per year, and Ocean Park Beach eroding at 30,000 cubic yards per year, it seems apparent that the beaches to the east, Cape Henry Beach, erode and contribute to shoaling at the rate of approximately 15,000 cubic yards per year. Fewer erosion studies have been performed on Cape Henry Beach, due to its relatively low net erosion rate. However, the studies that have been performed do indicate a relatively small net loss of sand, and the deduced erosion rate of 15,000 cubic yards per year appears to be reasonable. It is for these reasons that the Beaches and Waterways Advisory Commission recommended a program of distributing the sand between the two beaches. The principle impediment to accomplishing this goaL however, has been the claim of private ownership of portions of Cape Henry Beach. While public interest in the beach is not uniform and complete throughout this section of shoreline, we feel that the existing James K. Spore, City Manager Cape Henry Beach November 23, 2004 Page 4 public beach areas combined with the easements currently being offered are large enough public beach segments to implement the sand distribution plan. It would, of course, be more desirable and consistent with our policy to establish public interest along the entirely of Cape Henry Beach. The program should be structured toward achieving this objective by enabling staff to seek additional voluntary easement dedications to fill the gaps in public beach interest. The distribution of inlet sand could be accomplished a number of ways, by alternating the use of either beach as the inlet disposal area, or using both during the same dredging cycle. The least costly solution would be to alternate uses, avoiding the set-up costs for both beaches during the same contract. The condition of the beaches antecedent to the dredging cycle should be the chief consideration in the planning. Funding is another major policy issue. If this were a beach replenishment project proposal, and if the costs were significant, the example that City Council set with a Special Service District in Sand bridge may be applicable. However, this proposal is inlet maintenance: sand must be removed from the inlet, we have a need for a sustainable program to 'dispose' of the dredged sand. The incremental costs for placing the sand on Cape Henry Beach, as opposed to the current plan of placing it on Ocean Park Beach are essentially zero - the costs are basically the same to put the sand on either the eastern or western adjacent beach. The fact that we cannot indefinitely place the material on the western beach justifies any marginal cost increase. Nevertheless, we do not expect that this proposal would significantly affect our typical inlet project cost-share, and for that reason we do not see funding as an issue. Based on these considerations, it does appear that the proposal merits consideration. I recommend that City Council be asked to consider adopting a resolution authorizing the acceptance of the offered easements and the implementation of a program for distributing dredged sand from Lynnhaven Inlet between Cape Henry and Ocean Park Beaches. Further, to address a primary policy consideration, I recommend that the proposed resolution authorizes staff to approach the bay front property owners who have not dedicated a public beach easement and seek voluntary dedications. I would be pleased to discuss this at your convenience or provide any further information you may need. With your concurrence, our staff will work with the City Attorney's Office to develop the resolution for Council's consideration. EDB/PJR Attachment cc: Charlie Meyer, Chief Operating Officer Leslie L. 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I I n " ro ~ w ~ - 35 - Item J. PLANNING ITEM # 53685 1. RONALD LEE AND PENNY MICHELE CASON 2. SENTARA HEALTHCARE. 3. SNYDER FAMILY TRUST 4. WORD OF LIFE FAMILY WORSHIP CENTER 5. TIDEWATER INSTITUTE OF SPORTS, L.L.c. 6. PERFECTING SAINTS WORSHIP CENTER 7. GARDEN OF THE PINES , VARIANCE CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT RESOLUTION TO AUTORIZE A FIRST AMENDMENT RE DEVELOPMENT AGREEMENT CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT Modification of Conditions CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT March 8, 2005 - 36- Item V-J. PLANNING ITEM # 53686 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 1, 3,4, 5 (DEFERRED), 6 and 7 of the PLANNING BY CONSENT AGENDA. Item J.5. will be DEFERRED, BY CONSENT, until the City Council Session of March 22, 2005, Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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: None Council Members Absent: Vice Mayor Louis R. Jones and Richard A. Maddox Council Lady McClanan voted NAY on Item J.3. (Snyder Family Trust) March 8, 2005 - 37- Item V-J.1. PLANNING ITEM # 53687 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council APPROVED a Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for RONALD LEE and PENNY MICHELE CASON: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Ronald Lee Cason and Penny Michele Cason, Property is located at 6476 Knotts Island Road (GPIN 23379182570000), DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. The property shall be substantially configured as shown on the plat entitled; "Site Plan Parcel Designated c.T. Dozier 0.59 Acres Plat of C. T. Dozier, " dated June 21, 2004 by Bonifant Land Surveys. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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: None Council Members Absent: Vice Mayor Louis R. Jones and Richard A. Maddox March 8, 2005 - 38- Item V-J2, PLANNING ITEM # 53688 Attorney R. J Nutter, 222 Central Park Avenue, Phone: 687-7500, represented the applicant. This application is the culmination of approximately one year of work by representatives of Sentara. Mr, Nutter advised Sentara engaged an architectural and engineering firm specializing in health campuses around the United States, Sentara requested Robert Scott, Director of Planning, serve on a Design Review Committee to assist in development of a revise~ plan. Sentara met with the Stakeholders: area Civic Leagues along Princess Anne Road, sports affiliated teams and representatives of the School Administration (Landstown High and Middle Schools) to consider amendments. Attorney Nutter highlighted the amendments to the plan and displayed the new and improved Site Plan. The development of the site for the Princess Anne Commons Health Campus, was approved by City Council on December 3,2002. Donald V. Jellig, Vice President - Sentara, advised in the original plan, the Ambulatory Surgery Center was to be a stand-alone building (treated similar to a hospital). Now the Center will be inside a medical office building on the second floor and is subject to real estate taxes, The revised plan will increase the number of jobs originally envisioned. The time line for construction of the Center is dependent upon the Certificate of Need authorization from the General Assembly. Upon motion by Councilman Reeve, seconded by Councilman Dyer, City Council ADOPTED Ordinances upon application of SENTARA HEALTHCARE for a Conditional Change of Zoning, Conditional Use Permit and a Resolution to AUTHORIZE a First Amendment re the Sentara Healthcare Development Agreement. The revisions to the Plan for the Princess Anne Commons Health Campus provide a desired improvement over the 2002 Plan and are more consistent with the recommendations of the Comprehensive Plan. The appearance of the buildings will maintain the quality level provided for in 2002, and Proffer 7 requires the overall architectural and landscape design of the site be governed by the Design Guidelines for Princess Anne Commons. The Guidelines will act as the "development criteria "for this development, Architectural, site and landscape plans for each component of the development will be submitted to the Director of Planning to ensure consistency of the design with the Design Guidelines. ORDINANCE UPON APPLICATION OF SENTARA HEALTHCARE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM CONDITIONAL 0-2 TO CONDITIONAL B-2 Z03051217 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Sentara Healthcare for a Change of Zoninf! District Classification from Conditional 0-2 Office District to Conditional B-2 Community Business District on property located at the southeast intersection of Concert Drive and Princess Anne Road (GPIN 14856140280000 - part oj). The Comprehensive Plan designates this site as being part of Strategic Growth Area 12 - North Princess Anne Commons area, suitable academic institutions, medical center, recreation opportunities and entertainment venues consistent with the policies of the Comprehensive Plan. DISTRICT 7 - PRINCESS ANNE March 8, 2005 - 39- Item V-J2. PLANNING ITEM # 53688 (Continued) The following condition shall be required: 1. An agreement encompassing revised proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. AND, ORDINANCE UPON APPLICATION OF SENTARA HEALTHCARE FOR A CONDITIONAL USE PERMIT R030531235 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Sentara Healthcare for a Conditional Use Permit for a hospital, athletic club, eating and drinking establishments, sale of convenience goods and personal services other than those permitted as principal uses and hair care centers, including barber shops and beauty salons, on property located on the south side of Princess Anne Road and the east side of Concert Drive, (GPIN 14856140280000 - part oj). DISTRICT 7 PRINCESS ANNE The follOWing conditions shall be required: 1. The site shall be developed for a hospital in the 0-2 Zoning District, athletic club in the 0-2 Zoning District, eating and drinking establishment in the 0-2 Zoning District, establishments for the sale of convenience goods and personal services establishments other than those permitted as principal uses in the 0-2 Zoning District, and hair care centers, including barber shops and beauty salons in the 0-2 Zoning District and shall be developed in phases which may occur over a period of several years, substantially in compliance with the site plan entitled "Campus Master Plan - Princess Anne Commons Health Campus" prepared by HDR, Inc. (the "Site Plan "). A campus environment, containing a central landscaped common area with adjacent buildings and required parking substantially as depicted on the Site Plan, shall be provided as a prominent feature of the development. The building locations, sizes and configurations may change, provided that the overall campus environment and central landscaped common area remain. A copy of the Site Plan has been exhibited to the City Council and is on file with the Virginia Beach Planning Department. 2. The overall architectural, site and landscape design of the site shall be subject to the Design Guidelines for Princess Anne Commons, in effect as of the date of the approval of this Conditional Use Permit by the City Council, which Guidelines are on file with the Planning Department of the City of Virginia Beach. The Guidelines shall act as the "development criteria" for this development. Architectural, site, and landscape plans for each component of the development shall be submitted to the Director of Planning, or his designee, to ensure consistency of the design with the Design Guidelines. March 8, 2005 Item V-J.2. PLANNING - 40- ITEM # 53688 (Continued) 3. The Property shall contain an at-grade pedestrian walkway system connecting Princess Anne Road, Concert Drive and Princess Anne Park to the campus, in addition to other pedestrian routes within the campus. Such pedestrian walkway features shall be developed in phases as each building is constructed. 4. Mechanical equipment adjacent to any structures on the site shall be screened with appropriate fencing and/or landscaping, and any mechanical equipment located on the top of any structures on the property shall be enclosed on four sides of screened walls with appropriately sized parapet. 5. All exterior dumpster areas on the site shall be screened utilizing building materials such as brick, pre-cast or other materials that are compatible with the building materials utilized on the primary structures on the site. 6. The site shall be developed with a common landscape plan, which may be introduced in phases as portions of the site are developed, providing for continuity throughout the site with respect to compatible tree planting, shrubs and other landscape features. 7. A lighting and/or a photometric diagram plan for review by City staff shall be submitted with any submitted site plan. The lighting plan shall include the height of poles located in the parking lots along with the location of all pole mounted and building mounted lighting fixtures. The plan shall also list the lamp type, wattage and type of fixture. Lighting shall be uniform throughout the parking area and shall minimize reflection or glare toward properties and streets outside the complex. 8. In addition to the conditional uses designated Condition 1, the following accessory uses may be developed in conjunction with the hospital facility and overall health care campus. These accessory uses shall include, but not be limited to: allied health facilities, medical laboratories, helipads/helistops, cafeteria facilities, nursing and other health-related vocational/educational facilities and pharmacy facilities, sale of medical/home health care equipment, sale of diabetes supplies, ophthalmologist/optometrist offices and eyewear sales, sale of nutrition and health supplements, sale of physician fitness equipment, wig shop, dry cleaners, bookstore/newsstand, coffee shop, postal/shipping store, copy center, gift/card shop, baby/infant shop, and bank branch (without a drive-thru). 9. The restricted access of the site to Princess Anne Road shall be limited to emergency vehicles only and shall have a gated entrance to prevent any access by vehicles other than emergency vehicles. March 8, 2005 - 41 - Item V-J.2. PLANNING ITEM # 53688 (Continued) 10. In addition to any rights afforded by Section 15,2-2307 of the Code of Virginia, 1950, as amended and consistent with Section 221(g) of the City Zoning Ordinance of the City of Virginia Beach authorizing the City Council to specifically provide activation time periods and procedures uniquely applicable to a Conditional Use Permit in lieu of those otherwise provided in Section 221(g); and given the unique circumstances surrounding the delayed possession of the property upon which this development is proposed, the phasing of its development and the inter-relation of the combined uses shown on the Site Plan, the following shall apply to this Conditional Use Permit: The commencement of the development of any portion of the Conditional Use Permit site for any of the uses set forth in this Conditional Use Permit application shall have the effect of fully activating this Conditional Use Permit for all uses permitted hereunder and shall satisfY the requirement of Section 221 (g) of the City Zoning Ordinance of the City of Virginia Beach. AND, Resolution to AUTHORIZE a First Amendment re Sentara Healthcare Development Agreement, These Ordinances 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 March Two Thousand Five Voting: 9-0 Council Members Voting Aye: Harry E, Diezel Robert M. Dyer, 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: None Council Members Absent: Vice Mayor Louis R, Jones and Richard A. Maddox March 8, 2005 1 2 3 4 5 6 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE SENTARA HEALTHCARE DEVELOPMENT AGREEMENT WHEREAS, the City of Virginia Beach (the "City") and 7 Sentara Healthcare ("Sentara") are parties to a Development 8 Agreement dated as of February 12, 2003 (the "Development 9 Agreement") for the development of certain real property located 10 in the Princess Anne District of the City of Virginia Beach into 11 a health care office, educational and recreational campus; and 12 WHEREAS, pursuant to the Development Agreement, Sentara has 13 developed a new Campus Master Plan (the "New Site Plan"); and 14 WHEREAS, in order to accommodate the uses contemplated by 15 the New Site Plan, the City Council on this date conditionally 16 rezoned a 4.3 acre portion of Parcel 2A of the property (the "B- 17 2 Parcel" ) from 0-2 Office (Conditional) to B-2 Community 18 Business (Conditional), so as to allow two freestanding eating 19 and drinking establishments in accordance with the provisions of 20 the Conditional Zoning Agreement dated as of November 29, 2004, 21 and approved by the City Council in conjunction with the 22 aforesaid conditional rezoning, and also granted a modified 23 Conditional Use Permit (the "Modified CUP") with respect to the 24 balance of Parcel 2A of the Property (approximately 51 acres); 25 and 1 ...... 26 WHEREAS, the City and Sentara are entering into the First 27 Amendment to Development Agreement in order to modify the 28 Development Agreement so as to ensure its conformity with the 29 New Site Plan, as approved pursuant to the conditional rezoning 30 of the B-2 Parcel and the Modified CUP described above; 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 32 CITY OF VIRGINIA BEACH: 33 1. That the City Council hereby approves the First 34 Amendment to Development Agreement between the City of Virginia 35 Beach and Sentara Healthcare in the form attached as Exhibit A 36 to this Resolution; and 37 2. That the City Manager is authorized to execute and 38 deliver the First Amendment to Development Agreement, together 39 with any other documents necessary to implement the terms of the 40 First Amendment, so long as such documents are acceptable to the 41 City Manager and the City Attorney. Adopted by the City Council of the City of Virginia Beach on the 8th day of March, 2005. CA-9485 F:\Data\ATY\OID\REAL ESTATE\Commercial Projects\Sentara\resolution to amend dv agrmt.DOC R-2 March 2, 2005 2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tIJ c/;/M If/. fYJ~ City Attorney's Office 3 Prepared by: Stephen R. Davis, Esq. Willcox & Savage, P.C. 222 Central Park Avenue Suite 1500 Virginia Beach, VA 23462 Exempt from recordation taxes under Section 58.1-811(C)(3) FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment") is made as of the day of March, 2005, by and between SENTARA HEALTH CARE, a Virginia corporation ("Sentara"), a grantor for indexing purposes, and the CITY OF VIRGINIA BEACH, a municipal corporation ofthe Commonwealth of Virginia (the "City"), a grantee for indexing purposes. RECITALS: R-1. The City and Sentara are parties to a certain Development Agreement (the "Development Agreement") dated February 12, 2003, relating to certain real property (the "Property") located in the City of Virginia Beach, Virginia, and more particularly described in the Development Agreement. The Development Agreement was originally recorded in the Clerk's Office of the Circuit Court ofthe City of Virginia Beach, Virginia, as Instrument No. 200302240025582, and was corrected and re-recorded in the aforesaid Clerk's Office as Instrument No. 200410130163283. R-2. In furtherance ofthe Development Agreement and the "RFP Response" referenced therein, Sentara has developed a new Campus Master Plan (the "Site Plan"), a copy of which is on file with the Planning Department ofthe City of Virginia Beach. R-3. In order to accommodate the uses contemplated by the Site Plan, a portion of Parce12A of the Property (the "B-2 Parcel") has been rezoned from Conditional 0-2 to Conditional B-2 and a new, modified Conditional Use Permit (the "Modified CUP") has been approved with respect to the balance ofParcel2A ofthe Property. R-4. The City and Sentara are entering into this Amendment in order to modify the Development Agreement to reflect the new Site Plan and the rezoning and Modified CUP described above. AGREEMENT NOW, THEREFORE, in consideration ofthe foregoing, the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Sentara hereby agree as follows: GPIN #'s: 1485-61-4028 1485-50-2885 1-630505,2 03/01/05 1 1. Development and Use. City and Sentara agree that Paragraph l(a) ofthe Development Agreement is amended and restated as follows: " (a) Sentara agrees that development and use ofthe Property (excluding the B-2 Parcel) shall be in accordance with the Agreement dated October 24, 2002, between the City and Sentara relating to the Property, as such Agreement may be subsequently amended in accordance with applicable law (the "First Proffer Agreement"). The First Proffer Agreement is recorded in the Clerk's Office as Instrument Number 20012173081100. Furthermore, Sentara agrees that development and use of the portion ofthe Property that is subject to the Modified CUP shall be in accordance with the Modified CUP and the conditions related thereto (as they may be subsequently amended in accordance with applicable law, the "Conditions"). In addition, Sentara agrees that development and use of the B-2 Parcel shall be in accordance with the Agreement dated November 29, 2004, and approved by the City on March 8, 2005, between the City and Sentara relating to the B-2 Parcel, as such Agreement may be subsequently amended in accordance with applicable law (the "Second Proffer Agreement"). The Second Proffer Agreement is recorded in the Clerk's Office as Instrument Number " 2. Reverter. Sentara and the City acknowledge and agree that commencement of construction of a medical office building of at least 40,000 square feet in accordance with the new Site Plan on or before the date required under Paragraph 2 of the Development Agreement will satisfy the requirements of Paragraph 2 of the Development Agreement. 3. Right of First Offer. Sentara and the City acknowledge and agree that the City's right of first offer under Paragraph 4 of the Development Agreement shall only apply if Sentara proposes to sell all or any portion ofthe Property to a third party other than a sale in furtherance of the development plan contemplated by Sentara's RFP Response, the new Site Plan and/or the medical, health, educational and other uses permitted under the zoning and Conditional Use Permit affecting the Property. 4. Successors and Assigns. (a) The terms and provisions ofthis Amendment are binding upon and will inure to the benefit of the parties, their respective successors and assigns. The rights and obligations included in this Amendment shall run with the land and shall be binding upon all owners ofthe Property during their period of ownership except as otherwise provided herein. (b) Sentara and the City agree that this Amendment shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. 5. Miscellaneous. Except as expressly modified in this Amendment, the Development Agreement will remain in full force and effect. Any defined terms not defined in this Amendment shall have the same definition and meaning as set forth in the Development Agreement. In the event of a conflict between the terms, conditions and provisions of this 1-630505.2 03/01/05 2 Amendment and those of the Development Agreement, the terms, conditions and provisions of this Amendment shall prevail. WITNESS the following signatures and seals: SENTARA: SENT ARA HEAL THCARE By: (SEAL) Donald V. Jellig Vice President COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of March, 2005, by Donald V. Jellig, Vice President ofSentara Healthcare, a Virginia corporation, on its behalf. He is personally known to me. Notary Public My Commission expires CITY: CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of City Manager ATTEST: Ruth Hodges Smith City Clerk 1-630505,2 03/01/05 3 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of March, 2005, by , City Manager/Authorized City Manager of the City of Virginia Beach, Virginia, on its behalf. He/she is personally known to me. Notary Public My Commission expires COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of March, 2005, by. , City Clerk ofthe City of Virginia Beach, Virginia, on its behalf. She is personally known to me. Notary Public My Commission expires Approved as to Content: Approved as to Form: Real Estate Agent City Attorney 1-630505.2 03/01/05 4 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF -6066 DATE: February 10, 2005 TO: Leslie L. Lilley William M. Macali (J.fi DEPT: City Attorney FROM: DEPT: City Attorney RE: Conditional Zoning Application; Sentara Hea1thcare The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 8, 2005. I have reviewed the subject proffer agreement, dated November 29, 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMMIn1b Enclosure cc: Kathleen Hassen . .. Prepared BylReturn To: Troutman Sanders LLP 222 Central Park A venue, Suite 2000 Virginia Beach, Virginia 23462 AGREEl\1ENT THIS AGREEl\1ENT (the "Agreement") is made as of this 29th day of November, 2004 by and between SENT ARA HEAL THCARE, a Virginia Corporation (the "Grantor"), the current owner of that certain property generally located on Princess Anne Road and Concert Drive in Virginia Beach, Virginia, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property") and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the property, which is more fully described in the attached Exhibit A, from Conditional 0-2 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said GPIN NO.: 1485-61-4028 -0000 amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, it's successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property may be developed for no more than two (2) eating and drinking establishments. No other principal uses shall be permitted on the Property. 2 2. The location and orientation of the eating and drinking establishments on the property, together with setbacks and landscaping, shall be subject to the approval of the Planning Director; however, the structures shall be setback a minimum of seventy-five (75) feet from Princess Anne Road. 3. Drive-through facilities shall not be permitted on the Property. 4. No structures on the Property shall exceed one (1) story or thirty-five (35) feet in height. 5. The eating and drinking establishments on the Property shall not be entitled to any free-standing signage located adjacent to either Princess Anne Road or Concert Drive. 6. The architectural design and exterior building materials of the eating and drinking establishments on the Property shall be substantially compatible with the architectural design and quality of the exterior building materials of the primary structures located within the Princess Anne Health Campus located directly adjacent to the Property. 7. The overall architectural, site, and landscape design of the site shall be subject to the Design Guidelines for Princess Anne Commons, in effect as of the date of the approval of this Conditional Rezoning application by the City Council, which guidelines are on file with the Planning Department of the City of Virginia Beach. The Guidelines shall act as the "development criteria" for this development. Architectural, site, and landscape plans for each component of the development shall be submitted to the Director of Planning or his designee to ensure consistency of the design with the Design Guidelines. Further conditions mandated by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, 3 including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank] 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: SENTARA HEALTHCARE By: ~ eM- 1c:L v b./ Donald V. Jel 'g, Ice President COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me thisd.\~day of \\.1::I'I6't.~'t..~ , 2004, by Donald V. Jellig, Vice President of Sentara Healthcare, a Virginia Corporation, on its behalf. He is personally known to me or has produced as identification. ~ '-?~ Notary Public My Commission Expires: ~ \ ~i:)\ "'~.J~<:)\, 275799vI 5 EXHIBIT A LEGAL DESCRIPTION A portion of property, approximately 4.3 acres in size as shown on the exhibit titled "Sentara - Princess Anne Commons-Rezoning Metes & Bounds Exhibit" dated October 28,2004 and attached hereto. IT BEING part of that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and designated and described as "PARCEL 2A GPIN 1485-61-4028 2,429,791 SQ. Fr. ::; 55.78033 ACRES," as shown on that certain plat entitled: "PLAT SHOWING SUBDMSION OF PRINCESS ANNE PARK PARCEL 2 AND PARCEL 4 MAP BOOK 275 PAGES 55-68 AND A PORTION OF RECREATION DRIVE (CLOSED) FOR THE CITY OF VIRGINIA BEACH," dated Sept. 9, 2002, Scale: 1"::; 200', and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 200212203084143, to which reference is made for a more particular description. 6 - 42- Item V-J.3 PLANNING ITEM #53689 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED Ordinances upon application of SNYDER FAMILY TRUST for a Conditional Change of Zoning and MODIFIED, Conditional Use Permit to incorporate three (3) rezoned parcels into whole project (approved by City Council October 23, 2001): ORDINANCE UPON APPLICATION OF SNYDER FAMILY TRUST FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7.5 TO CONDITIONAL B-2 Z03051218 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Snyder Family Trustfor a Chanrze of Zoninrz District Classification from R-7.5 Residential District to Conditional B-2 Community Business District on property located on the east side of Clearfield Avenue, approximately 600 feet south of Virginia Beach Boulevard (GPINS 14676612940000; 14676621650000; 14676610690000). The Comprehensive Plan designates this site as part of Strategic Growth Area 3 - Newtown Area, suitable for office and light industrial uses. The purpose of the rezoning is to expand an existing automobile sales and repair facility. DISTRICT 2 - KEMPSVILLE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. ORDINANCE UPON APPLICATION OF SNYDER FAMILY TRUST FOR A MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON OCTOBER 23, 2001 R030531236 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Snyder Family Trust for a Modification of Conditions for a Conditional Use Permit approved by City Council on October 23, 2001 on property located at 5225 Virginia Beach Boulevard and on the east side of Clearfield Avenue, approximately 600 feet south of Virgin ia Beach Boulevard (GPINS 14676612940000; 14676621650000; 14676610690000; 14676692260000). DISTRICT 2 - KEMPSVILLE 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 Eight of March Two Thousand Five March 8, 2005 Item V-J.3 PLANNING Voting: - 43- ITEM #53689 8-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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: Vice Mayor Louis R, Jones and Richard A. Maddox March 8, 2005 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6057 DATE: February 10, 2005 TO: Leslie L. Lilley William M. Macali ~ DEPT: City Attorney FROM: DEPT: City Attorney RE: Conditional Zoning Application; Checkered Flag/Snyder Family Trust The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 8, 2005. I have reviewed the subject proffer agreement, dated November 22, 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/nlb Enclosure cc: Kathleen Hassen pThis Document Prepared by: Fine, Fine, Legum & McCracken, LLP THIS AGREEMENT made this 22nd day of November, 2004, by and between STEPHEN M. SNYDER. TRUSTEE OF THE SNYDER F AMIL Y TRUST and EVERGREEN VIRGINIA. L.L.C. a Virginia limited liability company, collectively referred to herein as Property Owner, and CHECKERED FLAG MOTOR CAR COMPANY. INC., a Virginia corporation, Lessee of Evergreen Virginia, L.L.c. and The Snyder Family Trust, herein \ collectively referred to as Grantors, party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSE TH: WHEREAS, Property Owner is the owner of certain parcels of property located in the Lynnhaven Borough of the City of Virginia Beach, more particularly described as follows: PARCEL ONE - GPIN 1467-66-1294-0000 ALL THA T certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the city of Virginia Beach, Virginia, being known, numbered and designated as Lot 21, as shown on that certain plat entitled,"REVISED PLAT OF CLEAR ACRES", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at page 57. PARCEL TWO - GPIN 1467-66-2165-0000 ALL THA T certain lot, piece or parcel of land, with the buildings and improvements thereon and appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 23, as shown on that certain lat entitled "REVISED PLAT OF CEDAR ACRES", said plat is duly recorded in the Clerk's Office of the Circuit Court of GPIN 1467-66-1294-0000; 1467-66-2165 & 1467-66-1069 Page I of 7 PARCEL THREE - GPIN 1467-66-1069 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 25, as shown on that certain plat entitled, "REVISED PLAT OF CLEAR ACRES, PRINCESS ANNE COUNTY, VIRGINIA,", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at Page 57. said parcels hereinafter collectively referred to as the "Property"; and WHEREAS, the Grantors have initiated a conditional amendment to the zoning map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to B-2 Community Business District (Conditional); and WHEREAS, the Grantee's policy is to provide only for the orderly development ofland 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 different types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the 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 Page 2 of 7 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, Grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, Grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Checkered Flag Parking Lot Expansion" dated 11/22/04, prepared by MSA, P.C., Virginia Beach, Virginia, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. When the Property is developed, it shall be landscaped substantially as depicted on the exhibit entitled "Checkered Flag Parking Lot Expansion", dated 11122/04 prepared by MSA, P.C., Virginia Beach, Virginia, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter Landscape Plan"). 3. The use of the Property shall be automobiles sales display area and/or accessory parking in accordance with a conditional use permit duly approved by the City Council of the City of Page 3 of 7 Virginia Beach. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the B-2 Zoning District 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 ofthe 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 ofthe City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that such instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument Page 4 of 7 shall be void. The Grantors covenant and agree that: (I) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for 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. Page 5 of 7 WITNESS the following signatures and seals: CHECKE~OR SAR COMPANY, INC. By - EJw(1lJ D. Sl1ydel, Preside~1 . ~ ,J-+- .5feph(/I 11. Snydtr I ' ,~e 1 ,~~, (fIn STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, fly k /Ie II. ;0' ~ (j re. , a Notary Public in and for the City and State aforesaid, do hereby certify at Stephen M. Snyder, Trustee of the Snyder Famlly Trust as as Member/Manager of Evergreen Virginia, L.L.C., whose name is signed to the f<?J.~g0in~~;~" instrument dated .the ~ J- day of November, 2004 did personally appear before 11 i.~.~.~~;, and State aforesaid and acknowledge the same to me. t;"'~Y? ~\~ ....~~ GIVEN under my hand and seal this t:2 ~ day of NovembeI)- 2004. Ei l ~t~~ J ~ ~ a::L .'\. ~. .:<f .,~?; ~~~ .... ~ ....€.I ':..~':.. ~~ .", .- ~ a k ~~~. .4~. .............. .~~ Notary Publl'C "';~l<;t-JfI -~, '''';''~;1~''' My commission expires: ~.3!)- ~/ Page 6 of 7 STATE OF VIRGINIA . S!-</I}('/J M J/?yd-("r; CITY OF VIRGINIA BEAC. H, to-Wl.t: ~ V,C e j/rc? S ;' ell' '/ "l'- I, /lJ- /47c /l. ~ /1 tJ, G- . a Not ublic in and for the City and '-" . State aforesaid, do hereby certify that Edwci1d D. SuyJI;;I, PIl;;sident of Checkered Flag Motor Car Company, Inc., a Virginia corporation whose name is signed to the foregoing instrument dated the ~ day of November, 2004 did personally appear before me in my City and State aforesaid and acknowledge the same to me. GIVEN under my hand and seal this=? C;; day of November, 2004. "- ) a My commission expires: Notary Public 9" Jtf. iJ;/ Page 7 of 7 i,.:~F'~:~:::::~::;;,\ .' . " ... I r:'l . \:~ -;. _.~.:-.,,~~ i~; ~~ \~~ ", ~'l":a .~- , . ~~ ~o::' : u.. a "';. ....~'\ '. . ,..~ t\.. . 0 - ',i....t. .,:;: ~: i ....\~\\ .... $ ",'.. ~~:~ .. .oJ' . :;-~"..'" :':I'~ ......... ~ '. t~, ,\0 ....~,.,' .-'...~.,.~~..':::;;iSit~lt.~~~.:1t - 44- Item V-J.4. PLANNING ITEM #53690 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of WORD OF LIFE FAMILY WORSHIP CENTER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WORD OF LIFE FAMILY WORSHIP CENTER FOR A CONDITIONAL USE PERMIT FOR A CHURCH R030531237 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Word of Life Family Worship Center for a Conditional Use Permit for a church on property located at 4726 Larkspur Square Shopping Center (GPIN 14762550910000). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. All necessary permits and inspections and a certificate of occupancy for the change of use shall be obtained from the Department of Planning / Permits and Inspections Division before occupancy and use of the unit for a church. 2. Church attendance shall be limited to that which will be specified on the Certificate of Occupancy issued by the Department of Planning / Permits and Inspections Division as required by Condition One. 3. Parkingfor the use shall be established at one (I) space for every jive individuals attending as determined under Condition 2. 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 March Two Thousand Five Voting: 9-0 Council Members Voting Aye: Harry E. Diezel Robert M Dyer, 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: None Council Members Absent: Vice Mayor Louis R, Jones and Richard A, Maddox March 8, 2005 - 45 - Item V-J. 5. PLANNING ITEM #53691 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of March 22,2005, an Ordinance upon application of TIDEWATER INSTITUTE OF SPORTS, L.L.C : ORDINANCE UPON APPLICATION OF TIDEWATER INSTITUTE OF SPORTS, L.L.c. FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE Ordinance upon Application of Tidewater Institute of Sports, L.L. C.for a Conditional Use Permit for a recreational facility of an outdoor nature on property located on the east side of Harpers Road, approximately 1080 feet north of Dam Neck Road (GPINS 24054531390000;24057503860000;24048796590000), DISTRICT 6-BEACH Voting: 9-0 Council Members Voting Aye: Harry E. Diezel Robert M. Dyer, Reba S. Mc Clan an, 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: Vice Mayor Louis R. Jones and Richard A, Maddox March 8, 2005 - 46- Item V-J. 6. PLANNING ITEM #53692 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of PERFECTING SAINTS WORSHIP CENTER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF PERFECTING SAINTS WORSHIP CENTER FOR A CONDITIONAL USE PERMIT R030531238 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Perfecting Saints Worship Center for a Conditional Use Permit for a church on property located at 620 Baker Road (GPIN 14682182260000). DISTRICT 2 - KEMPSVILLE The follOWing conditions shall be required: 1. Parking shall be provided for the church at the ratio of one parking space for every five seats in the primary meeting area during Sunday services, The Zoning Administrator shall conduct a yearly review of the parking situation to determine if there are any conflicts with the community centerlchurch use. 2. The Conditional Use Permit for Indoor Recreation - Bingo, approved by City Council on May 29, 1990, is no longer valid. 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 March Two Thousand Five Voting: 9-0 Council Members Voting Aye: Harry E. Diezel Robert M. Dyer, 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: None Council Members Absent: Vice Mayor Louis R, Jones and Richard A. Maddox March 8, 2005 - 47- Item V-J. 7. PLANNING ITEM #53693 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of GARDEN OF THE PINES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF GARDEN OF THE PINES FOR A CONDITIONAL USE PERMIT FOR A PET CREMATORY R03053139 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Garden of the Pines for a Conditional Use Permit for a pet crematory on property located at 2685 Salem Road (GPIN 14834918780000). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The crematory unit shall be located in the area shown on the submitted physical survey dated October 2, 1995. Specifications for the unit, to include details on the emission and odor controls, shall be submitted to the Planning Department prior to obtaining a building permit to install the unit. 2. The applicant shall receive approval from the Fire Marshall's office, if required, for any above ground fuel storage tanks. 3. Carcasses shall be contained in airtight bags and placed in a freezer until cremation and must be cremated within 48 hours of their delivery to the site. 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 March Two Thousand Five Voting: 9-0 Council Members Voting Aye: Harry E. Diezel Robert M Dyer, Reba S. McClanan, 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: Vice Mayor Louis R. Jones and Richard A. Maddox March 8, 2005 Item V-.K.l. - 48- APPOINTMENTS ITEM #53694 BY CONSENSUS, City Council RESCHEDULED: COMMUNITY POLICY AND MANAGEMENT TEAM - CSA At Risk COMMUNITY SERVICES BOARD FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION PERFORMING ARTS THEATRE ADVISORY COMMITTEE PERSONNEL BOARD THE PLANNING COUNCIL TOWING ADVISORY BOARD March 8, 2005 - 49- Item V-No ADJOURNMENT ITEM # 53695 Mayor Meyera E. OberndorfDECLARED the City Council Meeting ADJOURNED at 6:54 P.M. a~ [).~Q --------~--------------------- Beverly 0. Hooks, CMC Chief Deputy City Clerk ~~-;;~~ City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia March 8, 2005