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AUGUST 9, 2005 MINUTES CITY OF VIRGINIA BEACH ACOMMUNITY FOR A LIFETIME@ MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE ViRGINiA BEACH, VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAiL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC 9 AUGUST 2005 I. CITY MANAGER'S BRIEFINGS Conference Room 1:00PM A. SOUTHEASTERN P ARKW A Y and GREENBELT - Memorandum of Understanding (MOU) Robert Matthias, Assistant to the City Manager Ken Wilkinson, Regional Project Manager, VDOT B. CHARTER BUS OPERATIONS - Atlantic Avenue Dean Block, Director, Public Works John Hendrickson, Traffic Group Supervisor, Parsons BrinckerhoffQuade & Douglas II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - 3:00PM A. CALL TO ORDER - Vice Mayor Louis R. Jones (Mayor Obemdorfheading Mayoral Delegation to Sister City, Moss, Norway) B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION 6:00PM A. CALL TO ORDER - Vice Mayor Louis R. Jones B. INVOCATION: Reverend Kevin Milcarek Pastor, Back Bay Christian Assembly of God 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 August 2, 2005 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCES/ RESOLUTION 1. Ordinance to AMEND S23-2.1 of the City Code re curfews imposed after a "declaration of an emergency" 2. Resolution to EXPRESS support for a grant application to the U. S. Department of Justice for response equipment re use of weapons of mass destruction (WMD) and the City's preparedness to terrorism 3. Ordinances to ACCEPT Grants and APPROPRIATE: a. $1,361,634 from the Department of Justice through the Virginia Department of Emergency Management to the FY 2005-06 Operating Budget for equipment and training for various departments re response to weapons of mass destruction (WMD) b. $53,400 from the Virginia Department of Criminal Justice Services and the U.S. Department of Justice and TRANSFER $17,800 from Reserve for Contingencies to the FY 2005-06 Operating Budget of the Police Department re crime analysis training, software and equipment 4. Ordinance to AUTHORIZE a temporary encroachment into the City's right-of-way for MARY K. and MICHAEL L. SIZEMORE at 2401 Whaler Court re replacement of a fence (DISTRICT 5 - L YNNHA VEN) J. PLANNING 1. Application of SHIPPS CORNER SOCCER COMPLEX for MODIFICATION of Condition No.5 re lighting fixtures on a Conditional Use Permit, (approved by City Council March 23, 2004) at Shipps Corner and Holland Roads. (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 2. Application of ST. MICHAEL LUTHERAN CHURCH for MODIFICATION of Condition No.6 re capacity limitation on a Conditional Use Permit, (approved by City Council October 12, 2004) at 2208 Princess Anne Road. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL 3. Variance to S4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for STEPHEN H. KNIGHT at 2208 Princess Anne Road. (DISTRICT 7 - PRINCESS ANNE) STAFF RECOMMENDATION: PLANNING COMMISSION RECOMMENDATION: DENIAL APPROVAL 4. Application of CECIL Y CZAP ANSKIY for a Conditional Use Permit re a riding academy at 3943 Dawley Road. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL 5. Application of JACK RABBIT SELF STORAGE/GREEN RUN, LLC for a Change of Zoning District Classification from A-12 Apartment District to Conditional B-2 Community Business District for a mini-warehouse facility at 3329 Crabapple Road. (DISTRICT 3 - ROSE HALL) RECOMMENDATION: APPROVAL K. APPOINTMENTS BOARD OF ZONING APPEALS BEACHES and WATERWAYS COMMISSION DEVELOPMENT AUTHORITY EASTERN VIRGINIA HEALTH SYSTEMS AGENCY HEALTH SERVICES ADVISORY BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA P ARKS and RECREATION COMMISSION PERSONNEL BOARD (Alternates) PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COG) 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 Center at 1-800-828-1120 *********** Agenda 8/9105 st www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 9 August 2005 Vice Mayor Louis R. Jones called to order the CITY MANAGER'S BRIEFING re SOUTHEASTERN PARKWAY and GREENBELT in the Council Conference Room, City Hall, on Tuesday, August 9,2005, at 1:00 P.M, Council Members Present: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Peter W. Schmidt, and James L. Wood Council Members Absent: Harry E. Diezel [Entered: 2:02 PM., Doctor's Appointment] Mayor Meyera E. Oberndorf [Leading a delegation to Moss, Norway (Virginia Beach's Sister City). The Mayoral delegation is attending the 100- year Independence Ceremony of Norway's freedom from Sweden. Four (4) students from the Governor's Schooljoined eight (8) representatives of the Mayor's Sister City Commission to accompany the Mayor and attend the Peace Conference] Jim Reeve [Entered: Closed Session, 2:45 P.M] Ron A. Villanueva [Entered: 3: 1 0 PM.] Rosemary Wilson [Out of the City, visiting daughter in Seattle, Washington] - 2- CITY MANA GER'S BRIE F ING SOUTHEASTERN PARKWAY AND GREENBELT 1:00 P.M. ITEM # 54216 Robert Matthias, Assistant to the City Manager, advised information re many transportation issues will be brought to City Council over the next few weeks. Ken Wilkinson, Environmental Division, will present information concerning the Southeastern Parkway and Greenbelt Draft Environmental Impact Statement (DEIS). Mr. Matthias and Dale Castel/ow, Transportation Planning Coordinator, will provide information concerning the Metropolitan Planning Organization, MPO, Transportation Funding package. August 23, 2005 Public Comment: Draft Environmental Impact Statement (EIS) re Southeastern Parkway and Greenbelt September 6, 2005 Adoption of Resolution re preferred alternative Southeastern or September 13,2005 Parkway and Greenbelt October 2005 Briefing re 1-264 improvements. The Virginia Department of Highways (VDOT) is conducting a study re improvements. November 2005 Briefing refunding for the 1-264 improvements. Ken Wilkinson, Project Manager - Southeastern Parkway and Greenbelt EIS, referenced the information distributed to City Council. The VDOT Newsletter re the Southeastern Parkway and Greenbelt location Study contains a Comment Sheet, a Map containing the Candidate Build Alternatives and a Summary of Impacts. Mr. Wilkinson outlined the project history: 1987: Virginia Department of Transportation (VDOT) and Federal Highway Administration (FHWA) initiated studies on the Southeastern Expressway 1989: Federal Highway Administration (FHWA) published the Draft Environmental Impact Statement (DEIS) and Section 4 (f) Evaluation 1994: FHWA distributed the Supplemental Draft Environmental Impact Statement to the resource agencies and the public for comment 1996: Virginia's Commonwealth Transportation Board (CTB) adopted the South Alternative from the Supplemental Draft Environmental Impact Statement as the alignment for future development 1998: Work was suspended on the Final Environmental Impact Statement prior to completion. A Record of Decision was never issued for the project 2001: Adoption of a Memorandum of Understanding by the Cities of Chesapeake and Virginia Beach which demonstrated continued support of the Southeastern Parkway and Greenbelt project 2003: Notice of Intent to prepare the Environmental Impact Statement published in Federal Register and work begun on the Draft Environmental Impact Statement 2005: The Draft Environmental Impact Statement was completed and signed by the Federal Highway Administration August 9, 2005 - 3 - CITY MANAGER'S BRIEFING SOUTHEASTERN PARKWAY AND GREENBELT ITEM # 54216 (Continued) Purpose and Need Improve capacity to accommodate forecasted traffic volumes Provide an alternative East- West connection between Chesapeake and Virginia Beach Enhance access to Oceana Naval Air Station Provide an alternate hurricane evacuation and emergency response route Provide a linkage between employment, retail, commercial and residential development areas Alternatives Development Originally over 83 Candidate Build Alternatives Refined to five (5) Candidate Build Alternatives and the "No Build" *Candidate Build Alternatives: North Stumpy South Stumpy North North/K Preferred (previous South) *These were originally evaluated in the Supplemental Draft EIS in the 1990's. Transportation: Evaluation Criteria Vehicle miles traveled Vehicle hours traveled under bothfreef/ow and congested conditions Average vehicle speed under congested conditions Level of service Crashes Impacts: Natural Environment Farmlands Hazardous materials sites Forests Groundwater Floodplains Wetlands Waters of the United States August 9, 2005 -4- CITY MANA GER'S BRIEFING SOUTHEASTERN PARKWAY AND GREENBELT ITEM # 54216 (Continued) Human Environment Environmental Justice Relocations Community facilities Community cohesion Cultural resources Noise After the Draft Environmental Impact Statement was published, two (2) Public Hearings were scheduled: Monday, July 11, 2005 4:00 P.M. - 7:00 P.M. Virginia Beach Convention Center Wednesday, July 13, 2005 4:00 P.M. - 7:00 P.M. Chesapeake Conference Center Public Hearing Transcript Public Hearing Transcript comment period June Tenth - July Twenty-third Almostfive hundred (500) people attended the two (2) Public Hearings held in July 2005 Approximately three hundred (300) comments received Majority of comments supported a Build Alternative Over 'half of the comments favored the Preferred Alternative About one-third of comments favored the No-Build Concerns expressed included: Relocations * Impact and Proximity to Stumpy Lake Noise Barriers Cost Continued traffic congestion *The public was very concerned about relocation. The Preferred Alternative takes over one hundred fifty (15)0 homes Approximately one hundred forty-three (143) comments were received from the City of Virginia Beach and one hundred six (106) from Chesapeake, These amounts do not include e-mails, August 9, 2005 - 5 - CITY MANA GER'S BRIEFING SOUTHEASTERN PARKWAY AND GREENBELT ITEM # 54216 (Continued) The Virginia Department of Transportation meets almost monthly with the Us. Army Corps of Engineers, the Environmental Protection Agency and us. Fish and Wildlife Service, The agencies remained concerned relative the number of wetlands impacts and mitigation, the loss of wildlife habitat and compensation. Direct and indirect impacts outweigh project benefits, as weU as relocations and community cohesion, Next Steps Commonwealth Transportation Board decision Fall 2005 Final Environmental Impact Statement Spring 2006 Record of Decision Summer 2006 More toU analysis will be evaluated in the Final Environmental Impact Statement (EIS). The Environmental Protection Agency is not in a position to stop the project until the whole process is complete. The EP A will likely advise when a final EIS is available and a record of decision is close to completion, that EP A will not permit the project. Mr, Wilkinson believes a mitigation package can be developed. The impacts described in the Draft Environmental Impact Statement are much greater than they will be, During the last study, (in the 1980 's and 1990 's), when the Final Environmental Impact Statement was being developed, the alignment and impacts had been narrowed down to 150 acres. At the present time, the Draft EIS depicts approximately 250 acres of wetlands impact. There is still sufficient time to refine the design, minimize the wetland impact and continue to develop a mitigation package, which Mr. Wilkinson believes the agencies will find acceptable. Mr. Wilkinson advised, after receipt of the Record of Decision, it would take approximately two to three years to design the Southeastern Parkway and Greenbelt, two to three years to acquire the right-of- way and then two to three years to complete the entire facility. Therefore, the Southeastern Parkway and Greenbelt would be open to traffic in approximately ten (I 0) years (under the normal funding process), Mr. Wilkinson advised a two-to-one mitigation for direct wetland loses, a ten to one ratio for preservation (and combinations thereof) is being anticipated. AfuU range of opportunity is being reviewed i.e. farmland converted back to wetland. The United States Army Corps of Engineers' goal is to mitigate for the impact in the vicinity of where the impact occurs. Mr. Matthias advised there is the expectation a third of the mitigation will take place in Chesapeake with two-thirds in Virginia Beach. However, with habitat evaluation plans, it appears there are larger impacts in Chesapeake. There is approximately $35-MILLION in the budget for mitigation. Until a Record of Decision is received, no Federal funds can be utilized on this project. Mr. Matthias believes some of the Federal funding available at the present time will not be available eight (8) or nine (9) months from now. Once a Record of Decision is received, there is a certain amount of engineering involved to determine the square footage of wetland to be taken, After this is determined, the permit will be requested from the Corps of Engineers, Acquiring the permit is an important step after the Record of Decision. It could be two (2) years of engineering involved, assuming Public/Private Partnership is not involved. Then that proposer would assume the responsibility for acquiring the permit. Dale R. CasteUow, Transportation Planning Coordinator, advised during the first week of September the Memorandum of Understanding with the City of Chesapeake will be scheduled for City Council Session to be amended There will also be discussion re amendments to the Partnership with the Virginia Department of Transportation involving an effort to move a finance study forward. There will be an effort to review the unified project of the Southeastern Parkway, Chesapeake's 104 Project and their Oak Grove connector, August 9, 2005 - 6- CITY MANA GER'S BRIEFING CHARTER BUS OPERATIONS - Atlantic Avenue 1 :27 P.M. ITEM # 54217 Dean Block, Director of Public Works, introduced John Hendrickson, Traffic Group Supervisor - Parsons Brinckerhoff Quade and Douglas, to provide information relative Charter Bus traffic on Atlantic Avenue. Mr. Hendrickson advised the Charter Bus report reflects the collective efforts of City staff, Parsons Brinckerhoff and URS. The Resort area is an extremely successful area and with success comes challenges accommodating new transportation issues along the Resort Area. Atlantic Avenue is a major attractor as well as a constrained facility with limited right-of way. This study focuses on the hotel patrons, with some convention shuttle estimates Charter Buses Day Trips: Bus loads of visitors are brought to the Beach for the day Hotel Patrons; People who stay at resort hotels that use charter bus service for arrival/departure and special trips throughout their stay at Virginia Beach. Convention Shuttle Service: Charters that provide transportation between hotels and the Convention Center. Peak Season: The Friday immediately preceding Memorial Day to the Tuesday immediately following Labor Day Shoulder Season; Approximately the two (2) months before and after the peak season Off-Season: The rest of the year, Mr, Hendrickson cited City Ordinance, Section 36-57: "", the parking of any charter bus or stopping of any charter bus for the purpose of picking up or discharging passengers shall be prohibited between the Friday immediately preceding Memorial Day and the Tuesday immediately following Labor Day.. , " Existing Conditions Atlantic Avenue, Northbound Northbound curbside lane dedicated to trolley use from Rudee Loop to 25th Street 25th to 4(jh Streets shared with general purpose traffic Atlantic Avenue, Southbound Southbound curbside lanes dedicated to trolley use from 4(jh Street to Rudee Loop General purpose traffic Southbound right turns are allowed in the exclusive lanes August 9, 2005 - 7 - CITY MANAGER'S BRIEFING CHARTER BUS OPERATIONS - Atlantic Avenue ITEM # 54217 (Continued) Existing Conditions Parking No on-street parking on Northbound Atlantic Avenue north of 4th Street No on-street parking on Southbound Atlantic Avenue Metered parking on 28 of 37 east-west streets between Atlantic and Pacific Avenues Charter bus use and all traffic is increasing on Atlantic Avenue Inadequate space for bus parking Charter buses and delivery vehicles park on Atlantic Avenue to load/unload Observed impacts on traffic operations Observed poor safety operations Observed conflict between trolley and bus/delivery vehicles Mr, Hendrickson advised fifty-four (54) lodgings were surveyed (100% responded). Thirty (30) lodgings currently cater to Charter Bus visitors, Mr, Hendrickson expressed appreciation to Nancy Perry, Executive Director - Hotel/Motel Association, for her assistance in accomplishing this response. The most frequent days for Charter Buses are Thursday, Friday, Saturday and Sunday. The most frequent stopping times are Check-out: 9:00 A.M. to 11:00 A.M and Check-in: 3:00 PM, to 8:00 PM In the Resort Area, during the peak season, there was an average total of fifty (50) Charter Buses per week The off season (September - June), there is an average of eighty-four (84) Charter Buses per week. This equates to approximately 1-3 Charter buses per lodging per week. Charter bus usage is increasing on Atlantic Avenue (5%--8% growth projected by hoteliers on the Oceanfront). There is inadequate space for bus stopping but buses do continue to stop on Atlantic Avenue to load/unload. Traffic, and Trolley and Charter Bus operations conflict with each other, Transportation Modes Traffic movement, transit operations and safety are compromises If year 'round transit is implemented, potential for federal operation funds may be compromised. Based on the information from the Hampton Roads Transit consultants, it appears the Atlantic Avenue exclusive land system would provide funding thru Federal sources of approximately $250,000 per year, after a 7-year period, once the proof is there, this exclusive land system will be in place. This funding would be approxi- mately $500,000 Charter Bus operations are compromises Charter providers may see Virginia Beach as an unfriendly place to do business August 9, 2005 ,,-----~- -8- CITY MANA GER'S BRIEFING CHARTER BUS OPERATIONS - Atlantic Avenue ITEM # 54217 (Continued) Considerations Preserve the Status Que Why not continue to stop in exclusive lanes on Atlantic Avenue? It compromises safety of motorists, charter bus operations and pedestrians It is not permitted by City Ordinance during peak season except with special authorization. If charter buses use the exclusive lanes for loading/unloading, the transit operations are delayed during the time when general traffic lanes are congested. Year-round transit may lose federal 0 & Mfunding Traffic operations will deteriorate further as charter bus use increases Enforce and Modify Ordinance IntensifY enforcement for the Trolley Lane exclusivity Lead to additional costs for enforcement Extend Ordinance to include the shoulder season before 2007 Improve traffic operation Loss of business for hotels and revenue for the City No existing practical alternative Modify Zoning Future development and redevelopment activities could require on-site charter bus parking accommodations (Hoteliers indicated it is currently difficult to get charter bus drivers to use existing on-site accommodations) On-site accommodations Capacity 8 hotels currently can accommodate some charter bus stopping Estimated 18 hotels with potential for on-site accommodation (Data based on engineering observations and not discussed with hoteliers) Costs may range from $300,000 to $500,000 per site. August 9, 2005 ~ - 9- CITY MANA GER'S BRIEFING CHARTER BUS OPERATIONS -Atlantic Avenue ITEM # 54217 (Continued) Considerations (Continued) Charter Bus Pullouts Identified locations that would allow charter buses to park out of the travel lanes of Atlantic Avenue Six (6) pullouts on Atlantic Avenue range from $110,000 to $270,000 persite Twelve (12) pullouts on the side streets range from $50,000 to $60,000 per site Pullouts would mean some increase in walking distance Possible street crossing Hotel/charter operations view any walking distance as a problem Not all hotels could be reasonably served by pullouts Side streets result in loss of revenue from parking of.:!:: $126,000/year Operational Modij7cations Shared use of transit lanes Complete exclusivity of the transit lanes would be ideal for transit Sharing is acceptable near term in 2007-2010. Peak Season: Shoulder Season: 11:00 P.M. -11:00 A.M. 9:00 P.M. - 12:00 P.M, 2:00 P.M - 6:00 P.M. One-way operations on Atlantic and Pacij7c Avenues Charter bus stops can be accommodated Relieves traffic congestion Provides on-time transit operation Combined transportation options greatly increase mobility in the Resort Area August 9, 2005 - 10- CITY MANA GER'S BRIEFING CHARTER BUS OPERATIONS -Atlantic Avenue ITEM # 54217 (Continued) Conclusions The continued success of the Resort development is resulting in deceased mobility. This will reach a critical level in the next few years Charter buses and deliveries reflect both the success and the decreased mobility in the Resort Area. Short term mitigation measures can be undertaken to offset some of the gridlock for 2-5 years On-site mitigation measures would involve zoning changes and/or private investment Mitigation measures man y not be acceptable to hoteliers and charter bus operators One- Way operations on Atlantic and Pacific A venues accommodates all users for the longest period of time Councilman Maddox concurred with the one-way operations. The City Manager advise when the one-way system was reviewed, the data indicated fewer visitors were arriving without having made advance reservations. Mr, Block, Director of Public Works, advised, in the context of the Resort Area Mobility Plan, as the success continued at the Oceanfront, there will be a point in the foreseeable future in which the breakdown of the traffic situation will become so difficult that the City Council will be in a position of having to react to the situation and the choices will be limited to rebuilding Pacific Avenue, widening to 6-1anes at a cost of approximately $80-MILLION The other choice would be one-way pairing about $5-MILLION The plans developed over time indicate a northbound Atlantic Avenue and a southbound Pacific Avenue. The signals would have to be changed and the streets re-stripped Mr. Block advised the purpose of the study was to examine Charter Bus Operations on Atlantic Avenue. Mr. Block advised the Charter Buses mainly park on and load/unload on the street. Nancy Perry, Executive Director, Virginia Beach Hotel-Motel Association, requested the statement re ten percent (10%) to twelve percent (12%) of the City's visitors do not have advanced reservations, be tabled until an updated survey can be prepared. An internal survey was conducted by the Hotel-Motel Association. The percentage of visitors without reservations was much higher. The information from the Advertising Advisory Committee meetings indicates the "late planned" vacations and walk-ins is on the rise. The City Manager and Mr, Block concurred with the one-way pairing of Atlantic and Pacific Avenue. August 9, 2005 - II - CITY CO UNCIL COMMENTS 2:12 P.M. ITEM # 54218 Councilman Wood expressed concern with Landscape Services. The medians have not been cut throughout the City. The grass appears to be one-half (1f2) to two (2) feet high. Councilman Wood suggested, even in rain, the employees provide five (5) days of service, Council Lady McClanan concurred and believes when the Department of Landscape Services was moved to Parks and Recreation, the City was assured they would provide the same quality of service. Councilman Villanueva shared similar concerns and has received complaints from citizens regarding the cutting of the medians. Vice Mayor Jones referenced in the Bayside District, some of the roads are maintained very well but then there are two or three other sections (Shore Drive and Wesleyan Drive) constantly creating complaints, Vice Mayor Jones suggested a review of the providers performing the services as a possible solution, The City Manager advised there are different mowing schedules based upon landscape around buildings, parks or the medians in the rights-ofway. The City Manager advised a meeting has been scheduled for Thursday, August 18,2005, concerning service levels, For years, Landscape Services has recommended and requested additional funding. A report will be provided concerning actions and funds necessary to arrive at the necessary quality of service level, The Sheriff's Work Force, and contract services are involved. ITEM # 54219 Councilman Dyer referenced correspondence of Richard H Powell, Executive Director - Judeo-Christian Outreach Center (JCOC)" concerning no changes in the amount offunding received from the Emergency Shelter Grant Program, August 9, 2005 - 12- CITY COUNCIL LIAISON REPORTS 2:18 P.M. ITEM # 54220 Councilman Maddox, Liaison to the Convention Center, distributed his report. Project Budget: With City Council approval of the FY 05/06 Capital Improvement Program, the project budget is now $206,84,513. The wok is currently progressing on budget and projected to be completed within this amount. Construction Status: The current amount of the Construction Management agreement with Turner Construction is $158,272,545, As of July 31,2005, the gross billings were $111.2-MILLION for work completed on Phase 1A and the of Phase 1B Schedule: The current contract date for substantial completion of phase 1 A is June 6, 2005, As such, the completion of the first phase is behind schedule. A partial temporary certificate of occupancy was issued on July 20. Turner Construction is currently projecting August 15 for the balance of the First Phase for the remaining certificate of occupancy, The current contract date for substantial completion of Phase IBis December 15, 2006. Relative the Video Wall, the City Manager advised the wall will be completed the end of October or early November, Councilman Villanueva referenced dressing the Exhibition Hall, which appeared to be rather bare. Relative the Exhibition Hall, the City Manager advised each show brings their own equipment. The shows just need a platform to plug in their utilities and set up their displays and booths. Councilman Villanueva also expressed concern relative parking and requested signage advising of parking available.. August 9, 2005 - 13- AGENDA RE VIE W SESSION 2:20P.M. ITEM # 54221 1.1. Ordinance to AMEND 923-2.1 of the City Code re curfews imposed after a "declaration of an emergency" Council Lady McClanan will vote NAY. The City Attorney distributed correspondence and an Amended Ordinance, No substantive changes are proposed (only language and formatting changes) ITEM # 54222 1.4. Ordinance to A UTHORIZE a temporary encroachment into the City's right-ofway for MARY K. and MICHAEL L. SIZEMORE at 2401 Whaler Court re replacement of afence (DISTRICT 5 -LYNNHAVEN) The City Attorney distributed correspondence suggesting DEFERRAL. The City Attorney advised an injunction action has been filed by property owners at 2411 Ketch Court regarding encroachments and the City easement between adjoiningproperty owners, on Ketch Court and Whaler Court, While the two matters are unrelated, the City Attorney recommended deferral of the encroachment request so the issues commmon to both matters can be resolved in a consistent matter. ITEM # 54223 BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA: 1.1. Ordinance to AMEND 923-2.1 of the City Code re curfews imposed after a "declaration of an emergency" 1.2. Resolution to EXPRESS support for a grant application to the U S. Department of Justice for response equipment re use of weapons of mass destruction (WMD) and the City's preparedness to terrorism L3. Ordinances to ACCEPT Grants and APPROPRIATE: a. $1,361,634 from the Department of Justice through the Virginia Department of Emergency Management to the FY 2005-06 Operating Budget for equipment and training for various departments re response to weapons of mass destruction (WMD) b. $53,400 from the Virginia Department of Criminal Justice Services and the Us. Department of Justice and TRANSFER $17,800 from Reserve for Contingencies to the FY 2005-06 Operating Budget of the Police Department re crime analysis training, software and equipment August 9, 2005 - 14- AGE N DA REV I E W S E S S ION 2:20P.M. ITEM # 54223 (Continued) 1.4. Ordinance to AUTHORIZE a temporary encroachment into the City's right-of-way for MARY K. and MICHAEL L. SIZEMORE at 2401 Whaler Court re replacement of afence (DISTRICT 5 -LYNNHAVEN) Item 1.1 shall be AMENDED, BY CONSENT Council Lady McClanan shall vote a VERBAL NAY on Item 1.1. Item 1.4. shall be DEFERRED, INDEFINITELY, BY CONSENT August 9, 2005 - 15 - AGE N DA REV I E W S E S S ION ITEM # 54224 J,3. 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 STEPHEN H. KNIGHT at 2208 Princess Anne Road. (DISTRICT 7 - PRINCESS ANNE) Karen Lasley, Zoning Administrator, advised staff's recommendation of denial was based upon evidence of a hardship as specified by Section 9,3 of the Subdivision Ordinance justifYing the ranting of a variance. Any hardship that exists is a personal hardship brought on by the establishment of a parcel contrary to law. The existing lot was created illegally by deed in 1970 and the applicant obtained the site in December 2002. ITEM # 54225 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: PLANNING J,1. Application of SHIPPS CORNER SOCCER COMPLEX for MODIFICATION of Condition No, 5 re lighting fixtures on a Conditional Use Permit, (approved by City Council March 23,2004) at Shipps Corner and Holland Roads. (DISTRICT 6 - BEACH) J,2. Application of ST. MICHAEL LUTHERAN CHURCH for MODIFICATION of Condition No.6 re capacity limitation on a Conditional Use Permit, (approved by City Council October 12, 2004) at 2208 Princess Anne Road. (DISTRICT 7 - PRINCESS ANNE) J,3, 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 STEPHEN H. KNIGHT at 2208 Princess Anne Road. (DISTRICT 7 - PRINCESS ANNE) J,4. Application ofCECILY CZAPANSKIY for a Conditional Use Permit re a riding academy at 3943 Dawley Road. (DISTRICT 7 - PRINCESS ANNE) J,5. Application of JACKRABBITS ELF STORAGE/GREEN RUN, LLC for a Chanze of Zoning District Classification from A-i2 Apartment District to Conditional B-2 Community Business District for a mini- warehouse facility at 3329 Crabapple Road. (DISTRICT 3 - ROSE HALL) August 9, 2005 - 16- ITEM # 54226 Vice Mayor Jones 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 thefollowingpurpose: 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). Acquisition/Disposition of Property: Southeastern Parkway Right-of-Way Lynnhaven District LEGAL MA TTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7) , Department of Parks and Recreation After School Programs 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. Clear Channel Contract Town Center Project - Phase III Upon motion by Councilman Wood, seconded by Councilman Schmidt, City Council voted to proceed into CLOSED SESSION (2:35 P.M.) August 9, 2005 - 17- ITEM # 54226 (Continued) Voting: 7-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Peter W Schmidt, Ron A. Villanueva, and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox, Jim Reeve and Rosemary Wilson Councilman Maddox was absent for the CLOSED SESSION Councilman Reeve entered CLOSED SESSION 2: 45 P.M. (Recess: 2:36 P.M. - 2:45 P.M.) (Closed Session: 2:45 P.M. - 5:36 P.M.) (Dinner: 5:36 P.M. - 6:00 P.M.) August 9, 2005 - 18- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 9, 2005 6:00 P.M. Vice Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 9, 2005, at 6:00 P.M. Council Members Present: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, RichardA. Maddox, Jim Reeve, Peter W. Schmidt, RonA. Villanueva and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf [Leading a delegation to Moss, Norway (Virginia Beach's Sister City). The Mayoral delegation will be attending the 100-year Independence Ceremony of Norway's freedom from Sweden. Five (5) students from the Governor's School will accompany the Mayor and attend the Youth Peace Conference] Rosemary Wilson [Out of the City, visiting daughter in Seattle, Washington] INVOCATION: Don Piper, Associate Pastor Back Bay Christian Assembly of God 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 and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare 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. August 9, 2005 - 19- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 54267 Upon motion by Councilman Reeve, seconded by Councilman Dyer, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A, Villanueva and James 1. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Rosemary Wilson August 9, 2005 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 54226, page 16, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711 (A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~~~ R th Hodges Smith, MMC City Clerk August 9, 2005 - 20- Item V- F.l. MINUTES ITEM #54268 Upon motion by Councilman Dyer, seconded by Councilman Reeve, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSION of August 2, 2005 Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Rosemary Wilson August 9, 2005 - 21 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #54269 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 9, 2005 - 22- Item V-L ORDINANCES/RESOLUTION ITEM # 54270 Upon motion by Councilman Reeve, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION Items 1 (AS AMENDED), 2, 3a/b and 4 (DEFERRED INDEFINITELY) of the CONSENT AGENDA. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Rosemary Wilson Council Lady McClanan voted a VERBAL NAY on Item II of the CONSENT AGENDA. August 9, 2005 - 23- Item V-Ll. ORDINANCES/RESOLUTION ITEM # 54271 Upon motion by Councilman Reeve, seconded by Councilman Wood, City Council ADOPTED, AS AMENDED: Ordinance to AMEND 923-2.1 of the City Code re curfews imposed after a "declaration of an emergency Voting: 8-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Mayor Meyera E. Oberndorf and Rosemary Wilson August 9. 2005 1 SUBSTITUTE ORDINANCE 2 3 AN ORDINANCE TO AMEND THE CITY CODE 4 BY ADDING SECTION 23-2.1, PERTAINING 5 TO CURFEWS IMPOSED AFTER THE 6 DECLARATION OF AN EMERGENCY 7 SECTION ADDED: ~ 23-2.1 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 23-2.1 of the City Code is hereby added, to read 13 as follows: 14 Sec. 23-2.1 Curfews after declarations of emergency. 15 16 (a) Pursuant to the police powers granted to the City by 17 Virginia Code Section 15.2-1105, and in the interest of promoting 18 public safety, the City Manager or his designee is hereby 19 authorized to impose a curfew after the declaration of an 20 emergency, in accordance with the provisions of this section. 21 (b) As used in this section: 22 (1) "Curfew" means an order issued by the City Manager 23 prohibi ting persons from being present on any street, road, alley, avenue, park or other public 24 25 place in the City or any portion thereof designated by the City Manager during specified 26 times of the day or night; 27 28 (2) "City Manager" means the City Manager or his designee; 29 30 (3) "Natural disaster" means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal 31 wave, earthquake, drought, fire or other natural 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 (4 ) catastrophe resulting in damage, hardship, suffering or possible loss of life; and "Manmade disaster" means any condition following an attack by an enemy or foreign nation upon the City of Virginia Beach that results in substantial damage of property or inj ury to persons in the United States, and may be by use of bombs, missiles, shell fire, nuclear, radiological, chemical or biological means or other weapons or by overt paramilitary actions; terrorism, foreign and domestic; any industrial, nuclear or transportation accident, explosion, conflagration, power failure, or other condition such as sabotage, oil spills, other injurious and environmental contaminations that threaten or 48 cause damage to property, human suffering, 49 hardship or loss of life. 50 (c) The City Manager may declare a curfew if he deems such 51 action necessary for the preservation of life or property, the 52 implementation of emergency mitigation, preparedness, response 53 actions or recovery actions anticipated or resulting from the 54 dangers caused by a natural or manmade disaster or the resulting 55 effects thereof, pursuant to the following procedure: 56 (1) The authority conferred upon the City Manager by 2 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 (2 ) (3 ) this section shall arise only after either the State or the City declares accordance with the provisions an emergency in of Virginia Code Section 44-146.19 or 44-146.21 for a geographical area located within the City; The curfew shall be announced In such manner as is reasonably calculated to provide notice to the public of the imposition of the curfew. Termination of curfew shall be in like manner; The declaration curfew, circumstances of a ( 4 ) justifying its imposition, time and areas of the Ci ty in which the curfew is in effect, and the means and time of the public announcement of the curfew shall be recorded in a written document signed by the City Manager and maintained in the records of the City; No curfew shall be imposed except in areas and at times that can be justified as necessary for the public safety. The action of the City Manager in imposing a curfew during a natural or manmade disaster shall be ratified by the City Council at its next regularly scheduled meeting. (5 ) 3 80 (d) After the declaration and public announcement of a 81 curfew, it shall be unlawful for: 82 (1) any person, after having been warned by a law- 83 enforcement officer, to remain on any street, road, 84 alley, avenue, park or other public place in the 85 City, or in any vehicle operating or parked 86 thereon, in any portion of the City designated by 87 the City Manager; and 88 (2) the owner or proprietor of any retail, wholesale 89 or eating and drinking establishment, 90 entertainment venue or similar establishment, or 91 other person in control of such establishment, to 92 allow any person to remain on the premises without 93 the express written permission of the City Manager; 94 provided, however, that this prohibition shall not 95 apply to lodging establishments serving registered 96 guests. 97 (e) The following persons shall be exempt from the provisions 98 of this section while on duty or traveling to and from work: 99 (1) hospital personnel; 100 (2) City employees and volunteers; 101 (3) military personnel; 102 (4) employees of public utility companies; 103 (5) private emergency medical transport workers; and 4 104 (6) other emergency workers as authorized by the City 105 Manager. 106 (f) Nothing in this section shall be construed to prohibit or 107 restrict travel to a hospital in the event of a medical emergency, 108 nor shall such travel be considered in violation of this section. 109 (g) A violation of this section shall be punishable as a 110 Class 1 misdemeanor. 111 Adopted by the City Council of the City of Virginia Beach, 112 Virginia, on this 9th day of August, 2005. 5 - 24- Item V-L2. ORDINANCES/RESOLUTION ITEM # 54272 Upon motion by Councilman Reeve, seconded by Councilman Wood, City Council ADOPTED: Resolution to EXPRESS support for a grant application to the U S. Department of Justice for response equipment re use of weapons of mass destruction (WMD) and the City's preparedness to terrorism Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Rosemary Wilson August 9, 2005 1 2 3 4 A RESOLUTION TO EXPRESS SUPPORT FOR AU. S. DEPARTMENT OF JUSTICE GRANT APPLICATION FOR EQUIPMENT NEEDED FOR RESPONSE TO THE USE OF WEAPONS OF MASS DESTRUCTION 5 WHEREAS, the City of Virginia Beach has completed the 6 application for an equipment grant from the U. S. Department of 7 Justice, related to local response to the use of weapons of mass 8 destruction. 9 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, Virginia: 11 1. That James K. Spore, City Manager, or his designee, is 12 hereby authorized to execute for and on behalf of the 13 Ci ty of Virginia Beach, a public entity established 14 under the laws of the State of Virginia, this 15 application and to file it in the appropriate State 16 Office for the purpose of obtaining certain Federal 17 financial assistance under the OJP, National Domestic 18 Preparedness Office Grant Program (s), administered by 19 the Commonwealth of Virginia; and 20 2 . That the Virginia Beach City Council, a public entity 21 established under the laws of the Commonwealth of 22 Virginia, hereby authorizes its agent to provide to the 23 Commonwealth and to the Office of Justice Programs 24 (OJP) for all matters pertaining to such Federal 25 financial assistance any and all information pertaining 26 to these Grants as may be requested. 27 Accepted by the Council of the City of Virginia Beach, 28 Virginia on the 9th day of August , 2005. Approved as to Content Approved as to Legal Sufficiency '"' illJ' Cit CA9722 H:\PA\GG\OrdRes\WMD Response Equipment Grant Res. R-l July 28, 2005 - 25 - Item V-L3.a/b. ORDINANCES/RESOLUTION ITEM # 54273 Upon motion by Councilman Reeve, seconded by Councilman Wood, City Council ADOPTED: Ordinances to ACCEPT Grants and APPROPRIATE: a. $1,361,634 from the Department of Justice through the Virginia Department of Emergency Management to the FY 2005-06 Operating Budget for equipment and training for various departments re response to weapons of mass destruction (WMD) b. $53,400 from the Virginia Department of Criminal Justice Services and the us. Department of Justice and TRANSFER $17,800 from Reserve for Contingencies to the FY 2005-06 Operating Budget of the Police Department re crime analysis training, software and equipment Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Rosemary Wilson August 9, 2005 1 2 3 4 5 AN ORDINANCE TO ACCEPT AND APPROPRIATE $1,361,634 FROM THE U.S. DEPARTMENT OF JUSTICE TO THE FY 2005-06 OPERATING BUDGET TO PROVIDE EQUIPMENT AND TRAINING FOR CITY RESPONDERS 6 WHEREAS, the City has been awarded pass-through funding 7 from the U. S. Department of Justice to support the response to 8 and coordination of Weapons of Mass Destruction events. 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA: 11 1. That $1,361,634 is hereby accepted from the U.S. 12 Department of Justice and appropriated as follows: 13 (a) $133,400 to the Emergency Medical Services 14 Department's FY 2005-06 Operating Budget for the 15 purchase of ventilators, a mass casualty response 16 vehicle, and to coordinate city-wide training; 17 (b) $346,000 to the Communications and Information 18 Technology Department's FY 2005-06 Operating Budget 19 for specialized equipment for the City's Emergency 20 Operations Center; 21 ( c) $467,234 to the Fire Department's FY 2005-06 22 Operating Budget to upgrade alert systems at fire- 23 rescue stations and purchase radiation pager 24 detectors and a flaring kit; 25 (d) $230,000 to the Police Department's FY 2005-06 26 Operating Budget to purchase a SWAT Response vehicle 27 and night vision scopes; 1 (e) $125,000 to the Department of Management 2 Services' FY 2005-06 Operating Budget to purchase 3 card access systems for municipal building security; 4 and 5 ( f) $60,000 to the Health Department's FY 2005-06 6 Operating Budget to provide a backup refrigeration 7 unit for medications. 8 2 . That revenue from the federal government is increased 9 by $1,361,634 in the FY 2005-06 Operating Budget. 10 Adopted by the Council of the City of Virginia Beach, 11 Virginia, on the 9th day of Auqust , 2005. Approved as to Content Approved as to Legal Sufficiency fJ)(~ fVl /Vlatd' City Attorney's Office CA9723 H:\PA\GG\OrdRes\WMD Equipment Funds ORD R-1 July 29, 2005 1 AN ORDINANCE TO ACCEPT AND APPROPRITATE 2 $53,400 FROM THE VIRGINIA DEPARTMENT OF 3 CRIMINAL JUSTICE SERVICES AND THE UNITED 4 STATES DEPARTMENT OF JUSTICE TO THE POLICE 5 DEPARTMENT'S FY 2005-06 OPERATING BUDGET AND 6 TO TRANSFER THE $17,800 MATCH FROM THE RESERVE 7 FOR CONTINGENCIES TO PROVIDE INITIAL AND 8 ONGOING CRIME ANALYSIS TRAINING TO DEPARTMENT 9 PERSONNEL AND TO PURCHASE CRIME ANALYSIS 10 SOFTWARE AND EQUIPMENT 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 That $53,400 is hereby accepted from the Virginia Department 14 of Criminal Justice Services and the United States Department of 15 Justice and hereby appropriated to the Police Department's FY 2005- 16 06 Operating Budget to provide initial and ongoing crime analysis 17 training to department personnel and to purchase crime analysis 18 software and equipment, with federal revenue increased accordingly. 19 A cash match of $17,800 is hereby transferred from Reserve for 20 Contingencies to the Police Department's FY 2005-06 Operating 21 Budget. 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia, on the 9th day of August , 2005. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFIC~ENCY~ M J (jJ~ ,j'Y!a4 . City Attorney's Office CA9720 H:\PA\GG\OrdRes\Crime Analysis Grant Ord.doc R-3 July 29, 2005 COMMONWEALTH of VIRGINIA ~onard G. Cooke ireetor Department of Criminal Justice Services June 21, 2005 805 East Broad Street. Tenth Floor Richmond. Virginia 23219 (804) 786-4000 .FAA. (804) 371-8981 TOO (804) 386-8732 Mr. James K. Spore City Manager City of Virginia Beach 2401 Courthouse Drive Virginia Beach, V A 23456 Title: Byrne - Crime Analysis Dear Mr. Spore: I am pleased to advise you that grant number 06-A4741ADOS for the above-referenced grant program has been approved in the amount of $53,400 in Federal Funds and $17,800 in Cash Match for a total award of $71,200. Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions. To indicate your acceptance of the award and conditions, please sigri the award acceptance and return it to Janice Waddy, Grants Administrator, at the Department of Criminal Justice Services (DCJS). Please review the conditions carefully; as some require action on your part before we will disburse grant funds. Also, enclosed are the Post Award Instructions and Reporting Requirements. Please refer to and read this information carefully as it contains details on processing financial and progress rep9rts, as well as requesting awarded funds. Effective July 1, 2004,jinancial reports, budget amendment requests, and request for funds must be submitted through the Grants Management Online Information System (GMIS). ALSO, BEGINNING SEPTEMBER 30, 2005, PROGRESS REPORTS MUST BE SUBMITTED THROUGH GMIS. THE DCJS OFFICES WILL BE MOVING TO 202 NORTH NINTH STREET. 10TH FLOOR IN JULY 2005. PHONE NUMBERS AND ALL ELSE WILL REMAIN THE SAME. PLEASE USE THIS NEW ADDRESS WHEN MAILING CORRESPONDENCE AFTER JULY 1STH. OFFICIAL NOTICE WILL BE POSTED ON OUR WEB SITE IN THE NEAR FUTURE. We appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your project's success. If you have any questions, please call Kathi Lee at (804) 786-4303. Yours very truly, ~ l~~(Q. Leonard G. Cooke Enclosures cc: Mr. Greg Anger, Police Accountant Ms. Patricia A. Phillips, Finance Director KathiLee, DCJS Criminal Justice Service Board. Committee on Training. JlMlnile Justice and Delinquency Prevertion AlM&xy Committee AdviSOfy Committee to Court Appointed Special Adl.'OCate and Children's Justice J;d Programs private Security ServiCes Advisory Board . Criminal Justice Information systems Committee FY 2004 State Homeland Security Grant Program Local Allocations Greene $ 63,092.95 Richmond County $ 47,791.32 Accomack $ 140,847.58 Greensville $ 56,470.38 Roanoke City $ 314,432.58 Albemarle $ 280,754.26 Halifax $ 132,850.45 Roanoke County $ 285,619.08 Alexandria $ 424,717.15 Hampton $ 481,990.80 Rockbridge $ 80,646.69 Alleghany $ 69,311,22 Hanover $ 292,329.03 Rockingham $ 228,664.08 Amelia $ 55,965.60 Harrisonburg $ 142,671.58 Russell $ 110,618.03 Amherst $ 115,621.66 Henrico $ 847,524.37 Salem $ 93,073.75 Appomattox $ 58,237.60 Henry $ 197,762.05 Scott $ 88,833.60 Arlington $ 617,701,01 Highland $ 23,000.77 Shenandoah $ 125,657.33 Augusta $ 222,007.29 Hopewell $ 90,524.13 Smyth $ 119,366.50 Bath $ 30,925.82 Isle of Wight $ 113,788.20 Southampton $ 75,153.57 Bedford City $ 34,872,57 James City $ 171,755.92 Spotsylvania $ 300,185.15 Bedford County $ 205,463,11 King and Queen $ 40,916.84 Stafford $ 311,655.80 Bland $ 36,677.16 King George $ 68,011.41 Staunton $ 90,253.29 Botetourt $ 111,211.14 King William $ 61,474.02 Suffolk $ 220,893.13 Bristol $ 69,790.76 Lancaster $ 56,492.47 Surry $ 41,544.66 Brunswick $ 78,109,69 Lee $ 98,885.04 Sussex $ 59,448.59 Buckingham $ 64,288,65 Lexington $ 36,664.54 Tazewell $ 155,701.23 Buena Vista $ 35,030.32 Loudoun $ 555,064.07 Virginia Beach $ 1,361,633.74 Campbell $ 176,144.83 Louisa $ 95,850,05 Warren $ 114,643.65 Caroline $ 84,789.05 Lunenburg $ 56,474,02 Washington $ 176,223.70 Carroll $ 107,264,39 Lynchburg $ 220,915,70 Waynesboro $ 76,583.21 Charles City $ 41,850.68 Madison $ 54,499,07 Westmoreland $ 72,743.24 Charlotte $ 54,347.63 Manassas $ 130,846.62 Williamsburg $ 57,852.22 Charlottesville $ 141,349.69 Manassas Park $ 52,463.69 Winchester $ 89,407.79 Chesapeake $ 648,401.12 Martinsville $ 63,635,59 Wise $ 141,583.15 Chesterfield $ 839,962.12 Mathews $ 49,046,96 Wythe $ 102,071.46 Clarke $ 54,915.51 Mecklenburg $ 117,154.93 York $ 197,610.14 $ 73,307.96 Middlesex $ 51,334.24 Covington $ 34,885.19 Montgomery $ 278,839.25 Craig $ 31,061.48 Nelson $ 60,572.21 Culpeper $ 123,092.41 New Kent $ 62,470.96 Cumberland $ 43,447.53 Newport News $ 588,351,18 Danville $ 167,730,77 Norfolk $ 759,512.75 Dickenson $ 66,724,22 Northampton $ 61,306.81 Dinwiddie $ 97,398.61 Northumberland $ 58,675.64 Emporia $ 37,872.38 Norton $ 27,316,64 Essex $ 51,514.07 Nottoway $ 69,610.45 Fairfax City $ 87,823.56 Orange $ 96,651.38 Fairfax County $ 3,079,439.29 Page $ 88,120,60 Falls Church $ 52,738,16 Patrick $ 76,226,71 Fauquier $ 188,956.79 Petersburg $ 126,445.57 Floyd $ 58,770.77 Pittsylvania $ 209,797.91 Fluvanna $ 78,245,83 Poquoson $ 56,489.31 Franklin City $ 46,330.61 Portsmouth $ 337,270.25 Franklin County $ 164,181.54 Powhatan $ 90,596.69 Frederick $ 201,797.14 Prince Edward $ 77,214,18 Fredericksburg $ 75,822,88 Prince George $ 124,259.24 Galax $ 36,569.90 Prince William $ 905,930,61 Giles $ 67,550.79 Pulaski $ 125,821.38 Gloucester $ 129,726.64 Radford $ 65,033.20 Goochland $ 73,200.70 Rappahannock $ 37,030,51 Grayson $ 71,525.94 Richmond City $ 644,003.22 - 26- Item V-I.4 ORDINANCES/RESOLUTION ITEM # 54274 Upon motion by Councilman Reeve, seconded by Councilman Wood, City Council DEFERRED INDEFINITELY: Ordinance to A UTHORlZE a temporary encroachment into the City's right- of- way for MAR Y K. and MICHAEL L. SIZEMORE at 2401 Whaler Court re replacement of a fence (DISTRICT 5 - LYNNHA VEN) Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E, Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Rosemary Wilson August 9, 2005 -27- Item V-J. PLANNING ITEM # 54275 1. SHIPPS CORNER SOCCER COMPLEX MODIFICATION OF A CONDITIONAL USE PERMIT (Approved March 23, 2004) 2. ST. MICHAEL LUTHERAN CHURCH MODIFICATION OF A CONDITIONAL USE PERMIT (Approved October 12, 2004) 3. STEPHEN H. KNIGHT VARIANCE 4. CECILY CZAPANSKIY CONDITIONAL USE PERMIT 5. JACK RABBIT SELF STORAGE/ GREEN RUN, LLC. CONDITIONAL CHANGE OF ZONING August 9, 2005 - 28- Item V-.J. PLANNING ITEM # 54276 Upon motion by Councilman Reeve, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION Items 1, 2, 3 and 4 of the PLANNING BY CONSENT AGENDA. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Rosemary Wilson August 9, 2005 - 29- V-J.1. PLANNING ITEM # 54277 Upon motion by Councilman Reeve, seconded by Councilman Wood, City Council MODIFIED Condition No.5 re lighting fixtures (Approved by City Council on March 24,2004), upon application of SHIPPS CORNER SOCCER COMPLEX ORDINANCE UPON APPLICATION OF SHIPPS CORNER SOCCER COMPLEX FOR THE MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON MARCH 24, 2004. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Shipps Corner Soccer Complex for the Modification of Conditions for a Conditional Use Permit approved by City Council on March 24, 2004. Property is located on the south side of Shipps Corner Road, approximately 670 feet east of Holland Road (GPIN 14953733290000). DISTRICT 6 - BEACH The following conditions shall be required: 1. All conditions with the exception of Number 5 attached to the Conditional Use Permit granted by the City Council on March 23, 2004, remain in affect. 2. Condition Number 5 of the March 23, 2004, Conditional Use Permit is deleted and replaced with the following: Any outdoor recreationallightingfixtures shall be no higher than forty (40) feet, and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. Outdoor parking lot lighting fixtures shall be no higher than twenty-five (25) feet and s hall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. 3. Restrooms/first aid building shall be developed in substantial conformance with the submitted plan entitled "New Building Shipps Corner Road Virginia Beach, Virginia" prepared by Kelly Jean Olt dated March 10, 2005. 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 Ninth of August, Two Thousand Five August 9, 2005 - 30- V-J.l. PLANNING ITEM # 54277 (Continued) Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E, Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Rosemary Wilson August 9, 2005 - 31 - V-J.2. PLANNING ITEM # 54278 Upon motion by Councilman Reeve, seconded by Councilman Wood, City Council MODIFIED Condition No. 6 re capacity limitations on a Conditional Use Permit application of ST. MICHAEL LUTHERAN CHURCH (approved by City Council October 12, 2004) ORDINANCE UPON APPLICATIONOF ST. MICHAEL L UTHERANCHURCH FOR A MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON OCTOBER 12,2004. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application ofSt, Michael Lutheran Church for a Modification of Conditions for a Conditional Use Permit approved by City Council on October 12, 2004, Property is located at 2208 Princess Anne Road (GPIN 24049528810000). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. All conditions with the exception of Number 6 attached to the Modification of Conditional Use Permit granted by the City Council on October 12, 2004 remain in affect. 2. Condition Number 6 of the October 12, 2004, Modification of Conditional Use Permit is deleted and replaced with the following: A maximum of 150 children in the range from two and one half through twelve years may be cared for at this site. 3, Improvements for right turn lane are required within two years of this Conditional Use Permit. 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 Ninth of August, Two Thousand Five - 32- V-J.2. PLANNING ITEM # 54278 (Continued) Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Rosemary Wilson August 9, 2005 - 33- V-J.3. PLANNING ITEM # 54279 Upon motion by Councilman Reeve, seconded by Councilman Wood, City Council APPROVED a Variance to S4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for STEPHEN H. KNIGHT: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Stephen H Knight. Property is located at 2808 North Landing Road (GPIN 14944085020000). DISTRICT 7- PRINCESS ANNE The following condition shall be required: 1. Twenty-foot wide ingress/egress easements shall be provided to parcels identified by GPIN numbers 14944085020000 and 14944059960000 Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Rosemary Wilson August 9, 2005 - 34- V-J. 5. PLANNING ITEM # 54280 Cecily Czapanskiy, 3943 Dawley Road, the applicant Marilyn Moranha, 3977 Dawley Road, Phone: 426-7423, registered in OPPOSITION Upon motion by Councilman Reeve, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon Application of CECILY CZAP ANSKIY for a Conditional Use Permit re a riding academy. ORDINANCE UPON APPLICATION OF CECILY CZAPANSKIY FOR A CONDITIONAL USE PERMIT FORA RIDING ACADEMY R0805312621 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Cecily Czapanskiy for a Conditional Use Permit for a riding academy on property located at 3943 Dawley Road (GPIN 24111784140000). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted physical survey, which depicts the proposed locations of the parking area and indoor arena. Said physical survey has been exhibited to the City of Virginia Beach City Council and is onfile in the Planning Department. 2. The proposed building shall be constructed substantially in accordance with the submitted elevation, Sheet S3 ofS5, prepared by Allied Design Architecture and Engineering Group, P.e., dated 1/31/05. Said elevation has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. The proposed building colors shall be in keeping with and complementary to the existing barn. 3. The proposed building shall meet a minimum 100-foot setbackfrom adjacent properties. 4. The applicant shall improve the 20-foot right-of-way with asphalt or concrete to a minimum of 18-feet in width. The right-of-way shall be improved from Dawley Road to the proposed parking area. The vegetation adjacent to the ditch along the north side of the property shall not be disturbed. The applicant shall make any necessary improvements to the apron located within the Dawley Road right-of-way, 5. The applicant may request a waiver of on-site improvements for the proposed parking area. The parking area may be developed with gravel or pavers, or a mixture, provided the parking area is clearly defined with a barrier (railroad ties, curbing, fencing, etc.), and the required handicap accessible parking spaces are improved. 6, The maximum number of boarding horses shall not exceed eighteen (18). August 9, 2005 - 35 - V-J. 4 PLANNING ITEM # 54280 (Continued) 7, Hours of operation shall be from 8 a.m. to 8 p,m. during the months of November through March. From April through October, the hours of operation shall be 8 a,m. to 9 p.m. 8. All lighting on the site shall be directed inward and not overflow onto adjoining properties. 9. No outside speakers or sound system shall be permitted. 10, Public restrooms shall be required. 11. The site is limited to horse boarding and lessons; there shall be no horse shows, polo matches, etc, 12. These conditions shall remain in effect for as long as the horse boarding facility is in operation. 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 Ninth of August, Two Thousand Five Voting: 8-1 Council Members Voting Aye: Harry E, Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: Reba SMcClanan Council Members Absent: Mayor Meyera E. Oberndorf and Rosemary Wilson August 9, 2005 - 36- V-J. 6. PLANNING ITEM # 54281 Upon motion by Councilman Reeve, seconded by Councilman Wood, City Council ADOPTED an Ordinance your application of JACK RABBIT SELF STORAGE/GREEN RUN, LLC for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF JACK RABBIT SELF STORAGE/GREEN RUN, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 APARTMENT DISTRICT TO CONDITIONAL B-2 COMMUNITY BUSINESS DISTRICT Z07051228 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Jack Rabbit Self Storage/Green Run, L.L. C. for a Chanfle of Zoninfl District Classification from A -12 Apartment District to Conditional B-2 Community Business District on property located at 3329 Crabapple Road (GPIN 149600293 10000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of this zoning change is to develop the site with a mini-warehouse facility. DISTRICT 3 - ROSE HALL The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of August, Two Thousand Five Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E, Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Rosemary Wilson August 9, 2005 " , . JACK RABBIT SELF-STORAGE/GREEN RUN A Virginia general partnership To CITY OF VIRGINIA BEACH a Municipal Corporation of the Commonwealth of Virginia THIS PROFFER AGREEMENT ("Agreement") made this 13th day of June, 2005, by and among JACK RABBIT SELF-STORAGE/GREEN RUN, a Virginia general partnership and COMMONWEALTH OF VIRGINIA (collectively the "Grantor"); and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"). RECITALS: A. The Commonwealth of Virginia ("Commonwealth") is the owner of a certain parcel of property located in the City of Virginia Beach located along Lynnhaven Parkway and more particularly described upon Exhibit A attached hereto and made a part hereof (the "Property"). B. The Commonwealth proposes to convey the Property to Jack Rabbit Self-Storage/Green Run ("Jack Rabbit") pursuant to the terms of an agreement between the Commonwealth and Jack Rabbit. C. Grantor has initiated an amendment to the zoning map of the City of Virginia Beach by petition of Grantor addressed to Grantee to change the zoning classification of the property to Conditional B-2 Community Business District. The proposed amendment is made pursuant to the terms of the City Zoning Ordinance of the City of Virginia Beach, adopted April 18, 1988, as amended and in effect on the date of this Agreement (the "City Zoning Ordinance"). D. Grantee's policy is to provide for the orderly development ofland for various purposes, including commercial purposes, through zoning and other land development legislation. PREPARED BY: JOHN W. RICHARDSON, ATTORNEY AT LAW GPIN NO.1496-00-2931-0000 E. Grantor acknowledges that in order to prevent incompatible land use, reasonable conditions governing the use of the Property, in addition to the regulations generally applicable to land zoned B-2 as specified in the City Zoning Ordinance, are required to address the project proposed in Grantor's rezoning application. F. Grantor has voluntarily proffered in writing, prior to the public hearing before Grantee, as a part of the proposed amendment to the Zoning Map and in addition to the regulations specified in the City Zoning Ordinance for the B-2 zoning district, reasonable conditions outlined in this Agreement related to the development and operation of the Property. These conditions will be adopted as a part of the amendment to the Zoning Map relative to the Property, and have a reasonable relation to the use of the Property as rezoned B-2 and are needed as a result of the rezoning. G. The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and the Zoning Map. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning the Property; provided, however, that such conditions shall continue if the subsequent amendment is party of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. The conditions outlined in this Agreement may be amended only by following the procedures and recording the documents as outlined and required in the City Zoning Ordinance. NOW, THEREFORE, Grantors, its heirs, successors, assigns, grantees and other successors in title or interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element or compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the following declaration of conditions and restrictions governing the use and physical development and operation of the Property, and covenants and agrees that this declaration and the further terms of this Agreement shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all persons and entities claiming under or 2 through the Grantor, his heirs, personal representatives, successors and assigns, grantees and other successors in interest or title to the Property; namely: 1. The Property shall be used for parking for the customers of the adjacent mini-storage warehouses owned by the Grantor abutting the property. 2. 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, in force as of the date of the conditional rezoning amendment is approved by the Grantee, The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Y irginia 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 specified in this Agreement, 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; (d) 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 City Zoning Ordinance or this Agreement, the City 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 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 ofYirginia Beach, Virginia and indexed in the name of the Grantor and Grantee. 3 WITNESS the following signatures and seals: JACK RABBIT SELF-STORAGE/GREEN RUN A Vi' ia gene al partnership COMMONWEAL TH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, -Jdr1L -r 1Je.d::.tr" , the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that John C. Aspinwall, III, whose name is signed to the foregoing instrument as General Partner of Jack Rabbit Self-Storage/Green Run, a Virginia general partnership, has sworn to, subscribed, an<J11clmowledged the same before me in my City and State aforesaid this d2tJ.i1. day of L/tbnL./ , 2005 on behalf of said Company. The said John C. Aspinwall, III is V'personally IOOl'wn to me; or _ has produced ~ for identification purposes. \dJtl/v(1 W- Notary Public My Commission Expires: III ,..g;;(}/:J 4 , . ' COMMONWEALTH TRANSPORTATION COMMISSIONER OF VIRGINIA "- BY .c?~ IV~ ;:t/~~ t:)~ ,'LI~V" CArre#'! itA '/h_^- r- (Name) ~'1Ar ~r /Vfi.1 $"tIf,';"f.',) /~~Title) I ~M.ONWEAL TH OF VIRGINIA ~OUNTY OF t.S /L-Pj" IlL , to-wit: I, l ~J,dj /p.tJ.J/. ~~ I'i~~ , t~e undersign~d, a Notary Public i~ and for the City/County and State aforesaId, do hereby certIfy that (Name), whose name is signed to the foregoing instrument as '. . 42S.'Til:~) of the Commonwealth Transportation Commissioner of Virginia, ha~/s om to, sub ribed, and ac~ledged the same before me in my City and State aforesaid this 02,., day of \ nLl\L , 2005 on behalf of said entity. The said O/,'~q,#" WIU(Nl ~I/J~tJiJ~ personally known to me; or _ has produced for identification purposes. My Commission Expires: ..&~ ~ .rt~v Notary P IC Id~ c1~02009 5 ..1 '.... .' · t '. . · EXHIDIT A LEGAL DESCRIPTION ALL 1HA T certain lot, piece or parcel of land being depicted as Parcel 023 as shown on Sheets 6 and 6B of the plans for Lynnhaven Parkway, State Highway Project UOOO-134-132, RW-201 and beginning on the northwest Oeft) side of Lynnhaven Parkway construction baseline from the lands now or formerly belonging to the ABC Mini \Varehouse Co., Green Run, a Virginia general partnership opposite approximate Station 108 + 15 to the lands now or formerly belonging to Angel R Torres and Estella M. Torres opposite approximate Station 108 +46 and containing 0.146 acres or 590.843 square meters, more or less, land. Said property being also described as follows: ALL 1HA T certain lot, piece or parcel of land with the improvements thereon, situate, lying and being in the Gty of Virginia Beach, Virginia, and designated as Lot 12, in Block I, as shown on that certain plat entitled "Subdivision Plat of THE LAKES, Section 1, Part "D", Princess Anne Borough, Virginia Beach, Virginia" dated December 3,1976, made by Talbot & Associates, Ltd., Engineers, Planners, Surveyors, Virginia Beach, Virginia and recorded December 16, 1976, in the Oerk's Office of the Grcuit Court of the Gty of Virginia Beach, Virginia in Map Book 117, at Page 55. IT BEING the same property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take Numbered G205043 dated May 28, 2002, recorded in the Oerk's Office of the Grcuit Court of the Gty of Virginia Beach, Virginia in Deed Book 4715, at page 908. . DOMA \PCOOCS\OOCSVB\8 I 80095\2 6 Item V-K.i. - 37- APPOINTMENTS ITEM # 54282 BY CONSENSUS, City Council RESCHEDULED: BOARD OF ZONING APPEALS BEACHES AND WATERWAYS COMMISSION DEVELOPMENT AUTHORITY EASTERN VIRGINIA HEALTH SYSTEMS AGENCY HEALTH SERVICES ADVISORY BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA PARKS AND RECREATION COMMISSION PERSONNEL BOARD (Alternates) PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COG) August 9, 2005 - 38- Item V-No ADJOURNMENT ITEM # 54283 Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 6:11 P.M. O~_d__Y~Q!:~__ Beverly 0. Hooks, CMC Chief Deputy City Clerk Louis R. Jones Vice Mayor ~~ City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia August 9, 2005