NOVEMBER 8, 2005 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MA YOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - Di.ltrict4
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-u/rge
ROSEMARY WILSON, At-ulrge
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CiTY CLERK - RUTH HODGES SMITH, MMC
8 NOVEMBER 2005
I.
CITY MANAGER'S BRIEFING
- Conference Room -
1:00PM
1. JOINT USE LIBRARY
Marcy Sims, Acting Chief Information Officer
2. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
Patti Phillips, Director, Department of Finance
3. LOCAL ROADS NETWORK
Dean Block, Director, Department of Public Works
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA ITEMS
IV. INFORMAL 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
- Conference Room -
3:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
6:00PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Donald R. Staton
Pastor, Christian Mission Fellowship
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
November 1,2005
G. AGENDA FOR FORMAL SESSION
H. MAYOR'S PRESENT A TION
1. NATIONAL WEATHER SERVICE DESIGNATES
THE CITY OF VIRGINIA BEACH AS "STORMREADY"
Bill Sammler, Warning Coordination Meteorologist
NOAA's National Weather Service
1. CONSENT AGENDA
J. RESOLUTION/ORDINANCES
1. Resolution to REFER to the Planning Commission an Ordinance to amend Section 401, 501,
601, 801, 901, and 1001 of the City Zoning Ordinance (CZO) re prohibiting incompatible
uses of Zoning Districts in Accident Potential Zone 1 (APZ-l).
2. Ordinance to AUTHORIZE the reimbursement of legal fees and expenses incurred by a
Sheriff's Deputy in defense of a traffic charge dismissed by the Court.
3. Ordinances to ACCEPT and APPROPRIATE from the Federal Emergency Management
Agency (FEMA) to the Fire Department's FY 2005-2006 Operating Budget re deployment
related to:
a. Hurricane Katrina - Second Deployment
b. Hurricane Rita
$1,000,000
$ 336,000
4. Ordinance to ACCEPT and APPROPRIATE $175,455 to Capital Improvement Program
(CIP) for park playground renovations and improvements from Cash Payments in Lieu of
Park Reservations:
a.
b.
Athens Boulevard
London Bridge Crossing
Madison Crossing
Saginaw Estates
$70,000
$28,448
$29,250
$47,757
c.
d.
K. PLANNING
1. Application of K & SONS, INC. for the Modification of the Indian Lakes Land Use Plan to
allow a gasoline station in conjunction with a convenience store at 1196 Indian Lakes
Boulevard (Deferred by City Council on October 11,2005). (DISTRICT 2 - KEMPSVILLE)
RECOMMENDA TION:
DENIAL
2. Applications of NORTH LANDING RIVER ASSOCIATES, L.L.c. re 161 Princess Anne
Road: (DISTRICT 7 - PRINCESS ANNE)
a. Modification of Conditions for a Conditional Use Permit (approved by City Council
on November 8, 1971)
b. Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations
RECOMMENDATION:
APPROVAL
3. Application of STEVEN W. SIMPSON and BARRY D. KNIGHT for a Conditional
Use Permit re alternative residential development at 2000 Munden Point Road.
(DISTRICT 7 - PRINCESS ANNE)
RECOMMENDA TION:
APPROVAL
4. Application of PRINCESS ANNE PROPERTIES, INC. for a Conditional Use Permit for a
car wash at 3397 Virginia Beach Boulevard. (DISTRICT 3 - ROSE HALL)
RECOMMENDA TION:
APPROVAL
5. Ordinance to AMEND Section 902 of the City Zoning Ordinance (CZO) re minimum
lot width in the B-3A Pembroke Central Business Core District re the Performing Arts
Center development
RECOMMENDA TION:
APPROV AL
L. APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
GOVERNANCE COMMITTEE FOR HISTORIC SITES
HISTORICAL REVIEW BOARD
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
PERSONNEL BOARD (Alternates)
WETLANDS BOARD (Alternates)
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
***********
Agenda ll/07/05 St
www.vbgov.com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
8 November 2005
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re the JOINT USE
LIBRARY in the Council Conference Room, City Hall, on Tuesday, November 8,2005, at 1:00 P,M,
Council Members Present:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A,
Villanueva and James L. Wood
Council Members Absent:
Rosemary Wilson
[Entered: 1:40 P.M.]
~
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C IT Y MANA G E R 'S B R IE FIN G
JOINT USE LIBRARY
1 :00 P.M.
ITEM # 54582
The City Manager advised the City's Library Staff and Tidewater Community College have been studying
the possibility of building a single facility to house both the proposed TCC/Virginia Beach Campus
Learning Resources Center and the proposed South Rosemont Area Library (CIP Project 3-175), The City
Manager introduced Martha Sims, Director - Department of Libraries, who presented details of the recently
completed feasibility study (creating a Joint Use Library and Learning Resource Center on the Tidewater
Community College campus, combining Norfolk State and Old Dominion Universities).
Marcy Sims, Director of Libraries and Interim Chief Information Officer, advised in March 2004, a Joint
Use Library Planning Committee was appointed by the City Manager and Tidewater Community College
President - Dr. Deborah DiCroce, Its purpose was to study thefeasibility of such afacility, The result of the
meeting was a decision to defer the construction of the South Rosemont Area Library long enough to explore
the possibility of a Joint Use Library. Tidewater Community College does have fundingfor a new Learning
Resource Center on the Virginia Beach Campus, to be built in two (2) phases: 1 00, 000 square feet in the
2008 Biennium and another 50,000 square feet in the 2008 - 1010 Biennium. The City has allocated $4.6-
MILLION for the construction of an 18,000 square foot South Rosemont Area Library on the corner of
Buckner Boulevard and South Rosemont Road.. The potential for the Joint Use facility would comprise
approximately 170,000 square feet. By Comparison, the Central Library is 95,000 square feet. Members of
the Committee included Mary Mayer-Hennelly, Associate Vice President for Learning Resources, Tidewater
Community College; Janice E. S. Johnson, Coordinator of Library Services - Tidewater Community
College/Virginia Beach Campus; Marcy Sims, Library Director - Virginia Beach Public Library and John
Stewart, Library Operations Manager - Virginia Beach Public Library. Frank Dunn, Vice President for
Administration - Tidewater Community College and David Sullivan, Chief Information Officer, City of
Virginia Beach and provided guidance and counsel recommending proceeding with further and more
detailed analysis of the feasibility of the project prior to committing to shared planning and design.
Assuming all systems were "go ", the Committee proceeded with a Strategic Operation Plan, outlining the
operational details of the Plan in a Memorandum of Understanding between Tidewater Community College
and the City of Virginia Beach, as well as the potential of other participants such as Old Dominion and
Norfolk State Universities. The Architectural Consultant selected were the same architects involved in the
San Jose State University and San Jose Public Library Joint Use Project: Anderson Brule Architects. Pamela
Anderson Brule and Sam McBane Mulford were in attendance.
Marcy Sims introduced the Core Team members guiding the Consultants Study over the course of the last
few months: Frank Dunn, Joe Buchanan, and John Massey, Tidewater Community College (unable to
attend), Mary Mayer-Hennelly, Associate Vice President for Learning Resources, Tidewater Community
College; Dr. Janice E. S. Johnson, Director, Learning Resources Center - Tidewater Community
College/Virginia Beach Campus, Jack Whitney, Interim Chief Financial Officer, John Stewart, Library
Operations Manager - Virginia Beach Public Library, Carolyn Barkley and Toni Lohman (Central Library).
Renee Olander, Director - Old Dominion University Higher Education Center, was also in attendance.
Renee has been working with the City in defining their potential partnership within this exciting project,
Pamela Anderson Brule, Anderson Brule Architects, advised the process overview:
Feasibility Analysis
Opportunities/Challenges
Critical issues
Vision and Strategic Goals
November 8, 2005
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C IT Y MANA G E R 'S B R IE FIN G
JOINT USE LIBRARY
ITEM # 54582 (Continued)
Approximately sixty (60) participants worked in large and small group discussions. Opportunities and
challenges were researched and critical issues discussed.
Sam McBane Mulford, Anderson Brule Architects, referenced discussions re services provided, the focus and
role of this library within the Community.
Strategic Operational Planning
Community Needs / Service Model
Operational Issues
Conceptual Plan of Services
Spaces Needs Assessment
This process has provided a validation of the concept of Lifelong Learning as well as a broader definition
encompassing "pre-cradle to grave ": providing information assistance, access and supporting the formal
education environment process, The real focus at Tidewater Community College and within the City, not
only in the workforce, but economic development. These are foundation elements to community building.
Pamela Anderson Brule referenced the Consultant Observations:
Leadership Advocacy
Collaborative Relationships
Mental Models
Broad Support
Critical Analysis
Construction Thinking
Indicators of Success
Alignment in Vision and Strategic Plans
Successful Precedents for Partnering
Collaborative Mindsets
Fiscal Responsibility and Funding Capacity
Modeling the Collaborative Relationship
Next Steps
Operational Issues Workshops
Community Outreach
Marcy Sims, Acting Chief Information Officer and Director - Libraries, advised state resources are available
for Phase 1. State resources re Phase II, encompassing the additional 50,000 square feet are not available
until 2008 - 2010. Tidewater Community College has other priorities for buildings. One of the issues
explored was whether the two (2) phases could be combined. If the funding is available to begin design work
in July 2006, the City estimates a year or more for design, two (2) years for construction, for a possible
opening in 2009. Connectivity throughout is definitely a goal.
November 8, 2005
-4-
CITY MANA GER 'S BRIEFING
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
1:35 P.M.
ITEM # 54583
Patricia Phillips, Director of Finance, advised the Comprehensive Annual Report (CAFR) is the City's
fourth under the new reporting model, Government Accounting Standards Board (GASB) Statement 34,
titled "Basic Financial Statements and Management Discussion and Analysis for State and Local
Governments p. The format of this Report, in accordance with GASB 34, has changed dramatically. The
CAFR is approximately three hundred (300) pages, This information must be provided to City Council
before the end of the calendar year. High quality public reporting on results and performance is one of the
cornerstones of public trust.
The production of this document is a team effort. The comptroller's staff: Don Barnett and Richard Lester,
in attendance, assumed the lead in preparing the CAFR. Richard Dunford assumed the primary
responsibility for preparing the long term debt report, Joanne Griggs, Audit Services, assisted the auditors
preparing the document,
Statement of Net Assets - Primary Government
June 30, 2005 (IN MILLIONS)
Governmental Business- Type Total
Assets $ 3,008,0 $ 885,6 $ 3,893.6
Liabilities 980.6 134,4 1.115.0
Net Assets $ 2,027.4 $ 751.2 $ 2.778.6
Primary Government Infrastructure and Other Capital Assets
at June 30, 2005 - Net of Accumulated Depreciation (in millions)
Balance Net Balance
June 30, 2004 * Additions/Deletions June 30, 2005
Land and Improvements 711.6 18.1 729.7
Buildings 481.0 (1,5) 479.5
Site Improvements 95.9 3.2 99.1
Machinery and Equipment 38.1 .5 38.6
Infrastructure 873.3 (.2) 873.1
Utility System 589,3 (38.6) 550.7
Construction in progress 412.0 107.0 519,0
Total Infrastructure & 3.201.2 88.5 3,289.7
Capital Assets
Infrastructure (Roadways, Bridges, Landfill, Hurricane Protection)
November 8, 2005
- 5 -
C IT Y MANA G E R 'S B R IE FIN G
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM # 54583 (Continued)
*Mrs. Phillips cited projects such as the Juvenile Detention Center, Correction Center Addition, and Lake
RidJ!e Intersector Force Main which are reflected in the Net Additions Column of the chart.
Statement of Activities - Primary Government - June 30,2005 (IN MILLIONS)
Expenses Program Revenues Net Expenses
Government Expenses $ 980.4 $ 259.4 $ (721,0)*
Business Type Expenses 99,6 106. 8 7.2
Total Primary Government $1,080.0 $ 366.2 (713.8)
General Revenues
Taxes 672,9
Other 77.1
Net Increase 36.2
Net Assets - Beginning 2,742.4
Net Assets - ending $2.778.6
*This negative depicts expenses covered by Taxes
General Fund Highlights
Undesignated Fund Balance: $96, 6-MILLION increase of $23. 6-MILLION
Revenues: over budget by $24.9-MILLION
Expenditures: less than budget by $27.6-MILLION
General Property Taxes:
57.6% of total revenue
Increase 8,8% from prior year
Other Local Taxes:
27.1 % of total revenue
Increase 12.9%from prior year
General Fund
Expenditures Less Than Budget by $30.9-MILLION
Schools
City
Police
Human Services
Public Works
Fire
Debt Service
Other
$10.4
20,5
$3.4
2.4
1.9
1.0
6.8
5.0
November 8,2005
- 6-
C IT Y MANA G E R 'S B R IE FIN G
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM # 54583 (Continued)
General Fund Statement of Revenues, Expenses and Changes in Fund Balance
For the Fiscal year ended June 30, 2005 (IN MILLIONS)
Budget Actual Variance % of Budget
Revenues $ 820,5 $ 845.4 $ 24.9 3.0
Expenses 860.9 830.0 30.9 3.6
Excess Revenues Over (40.4) 15.4 $ 55.8
(Under) Expenses
Fund Balance - July 1 124.0 124.0
Fund Balance - June 30 $ 83,6 $ 139.4
Less: Reservations 42.8
Undesignated Fund $ 96.6
Balance
Fund Balance as a percent of Revenues is 11.4%. On November 1,2005, City Council appropriated $10.4-
MILLION, reducing the Un design ated Fund Balance to $86.2-MILLION, or 10.2% of General Revenues,
Fund Balance Issues
Rising Operating Budget: to meet City Council Policy
Uncertainty of State funding - i. e, Personal Property Tax Relief Act
Future Capital Needs
Rising Debt Service Costs
Economy - BRAC (Base Realignment and Closure Commission)
Rating Agency Concerns
Relative the Water and Sewer Enterprise Fund, the total Net Assets are $542.9-MILLION.
School Operating Fund-Statement of Revenues, Expenses and Encumbrances
Fiscal Year Ended June 30, 2005 (In Millions)
REVENUES Budget Actual Variance
City $ 257.9 $ 247,5 (10.4) *
Local 2.7 3,2 0.5
From Commonwealth 302,2 304.1 1.9
From Federal Government 24.4 16.5 2.1
Total Revenues $ 577.2 $ 571.3 $ (5.9)
November 8, 2005
- 7 -
CITY MANA GER 'S BRIEFING
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM # 54583 (Continued)
School Operating Fund-Statement of Revenues, Expenses and Encumbrances
Fiscal Year Ended June 30, 2005 (In Millions)
EXPENDITURES Budget Actual Variance
Instruction $ 453.9 $ 444.1 $ 9.8
Administration, Attendance 19,7 18,9 0.8
and Health
Pupil Transportation 22,7 22.6 0.1
Operations and Maintenance 77.6 73.9 3.7
Total Expenses & $ 573.9 $ 559.5 $ 14.4
Encumbrances
Mrs. Phillips advised Total Debt as of June 30,2005, is $963-MILLION. Tax Supported Debt is $821-
MILLION. Capital Project Expenditures totaled $252.7-MILLION. Municipal Debt cannot be called
usually until ten (I 0) years after its issue. In addition, advance refunding may only be done once. Current
refunding may be accomplished more than once, A variable debt program issued at short term rates might
be considered i,e. auction rate securities or a similar program.
Mrs. Phillips introduced John Montoro, Partner, Cherry, Bekaert & Holland Audit Team. Mr, Montoro
recognized Bob Bielat, Local Partner in charge of the Audit and Krista Ross, Manager - Audit. The
Auditors' Opinion was Unqualified:,
Accounting principles generally accepted in the United States of
America
Material Transactions and Balances
Compliance with laws and regulations material to the financial statements
Required Communications
Auditor's responsibility under generally accepted auditing standards:
Assessed risk that the financial statements may contain a
material misstatement, either intentional or unintentional
Documented and considered internal controls to assist with audit
approach, not for the purpose of providing assurance on those
controls,
November 8, 2005
- 8-
CITY MANA GER 'S BRIEFING
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM # 54583 (Continued)
Required Communications
Auditor's responsibility under Government Auditing Standards (The
Yellow Book)
Reviewed and tested the City's compliance with laws and regulations,
noncompliance with which could have a material impact on the
financial statements
Reviewed compliance with applicable laws and regulations identified
in the Specifications for Audit of Counties, Cities and Towns issued by
the Auditor of Public Accounts of the Commonwealth of Virginia
No significant policies were changed. The Gulf Fund, a business fund, was moved to a non-business
activity. There were no transactions discovered that lacked any kind of authoritative consequences There
were no significant audit adjustments proposed that would indicate weakness in the City's reportingprocess.
There were no misstatements that were not corrected. The Auditors continue to be independent with respect
to the City of Virginia Beach. Mr. Montoro advised approximately 1500 hours were expended in the Audit.
November 8,2005
-9-
CITY MANA GER 'S BRIEFING
LOCAL ROADS NETWORK
2:05 P.M.
ITEM # 54584
E. Dean Block, Director of Public Works, advised the purpose of the Briefing is to report to City Council on
the current condition of the City's Local Roadway Network. During the August Retreat, City Council
identified Congestion Relief and the establishment of a Road Funding Plan as priorities. Local Roadway
is defined as any roadway within the City that is not a part of the interstate system, i.e. arterials and
collectors. Congestion is defined as when the existing volume of a roadway exceeds it's design capacity at
a Level of Service "D".
There are three (3) levels of roadway planning:
Hampton Roads 2026 Regional Transportation Plan
Required by Federal Law
Currently being updated for Year 2030, Updated on a 3-4 year
cycle.
Contains sixty (60) local roadway projects within Virginia Beach
with an estimated cost of $2. 7-BILLION
Virginia Department of Transportation (VDOT) 6-year Plan
Updated annually and coordinated with the City's Capital
Improvement Program
Currently contains seventeen (17) Urban Arterial projects at
various project stages with an estimated cost of$360-MILLION
City of Virginia Beach Capital Improvement Program
Updated annually and coordinated with he Virginia Department
of Transportation (VDOT) Six-Year Improvement Plan
Currently includes forty-nine (49) approved projects/programs
in Roadway Capital Improvement Program
Numerous projects/programs are not fully funded within the six
(6) years of the currently approved Capital Improvement Program
Includes Pay-As-You-Go maintenance projects
There are fifty-one (51) local roadway projects in the "Requested but not Funded" section of the approved
Capital Improvement Program, This is not a prioritized listing of projects. A backlog is defined as a
roadway segment or intersection that is congested today, The maintenance backlog is the requirements to
"catch up" to a sustainable 15-year cycle. A systematic evaluation of the backlog (314 arterial segments
and 102 signalized intersections) has been conducted.
November 8,2005
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C IT Y MANA G E R 'S B R IE FIN G
LOCAL ROADS NETWORK
ITEM # 54584 (Continued)
Other recognized roadway needs i.e. Safety Improvements/Short Term Congestion Reliefwere considered.
There were twenty (20) priority congested major arterial segments plus intersections identified as
congested. Short term congestion relieflsafety opportunities were included.
Backlog Reduction Program
Rapid Response Projects
Projects that can be completed in 6-9 months, Projects do not
require right-of-way acquisition and minimal private utility
relocations
Short Term Projects
Projects that can be completed in 1-2 years. Projects may
require limited Right-of- Way acquisition, minimal Private Utility
relocations and environmental permitting.
Mid-Term Projects
Projects that can be completed in 2-6 years. These projects are
of a magnitude that extensive right-of way, appropriate public
participation, private utility relocations and environmental
permitting would be required.
Long Term Projects
Projects that can be completed in 6-10 years. These projects may
include an alternative analysis process, extensive public
participation process, require relocation of businesses and
residential property owners, private utility relocations including
possible undegrounding of overhead utilities, an extended period
for construction. Construction is likely to require extensive
maintenance of traffic
Federal/State requirements impact scheduling
Funding Sources
Federal/State: Urban Allocations, Congestion Mitigation Air Quality
types of funding.
Local: Pay-As-You-Go and Charter Bonds
November 8, 2005
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CITY MANA GER 'S BRIEFING
LOCAL ROADS NETWORK
ITEM # 54584 (Continued)
Proposed 10- Year Funding Plan
Combines existing and projected funding with three (3) alternative
levels of funding
All additional funding, is Pay-As-you-Go, includes maintenance
All additional funding will sunset at the end often (10) years, except
for the I-cent for maintenance
3-Cent Program
~ - Cent for Maintenance
Rapid Response Program
Short Term Program
Existing Projects Accelerated:
Elbow Road Phase II
Lesner Bridge Replacement
Shore Drive Phase II & III
West Neck Road
Witchduck Road Phase II
New Projects Funded:
Constitution Drive
Jeanne Street
Norfolk Avenue and Birdneck Road Intersection Improvements
Cypress and l?h Street Intersection Improvements'
Reon Drive
Independence Boulevard (1-264 to Euclid Road)
Baker Road and Newtown Road Intersection Improvements
Harpers Road
Kellam Road
First Colonial Road (Republic to Old Donation)
Rosemont Road Phase VA
General Booth Boulevard
Rosemont Road Phase VI
Birdneck Road
4-Cent Program
Includes 3-Cent program
New Projects Funded:
Dahlia and Independence Intersection Improvements
Independence Boulevard - Columbus Street to Euclid Road
Independence Boulevard - Columbus Street to 1-264 Road
Virginia Beach Boulevard - Oceana Boulevard to Birdneck Road
Lynnhaven Parkway and Potters Road Intersection Improvements
Lynnhaven Parkway XII
Princess Anne Road Phase VI
Princess Anne Road Phase VIII
November 8, 2005
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C IT Y MANA G E R 'S B R IE FIN G
LOCAL ROADS NETWORK
ITEM # 54584 (Continued)
5-Cent Program
Includes 3-Cent and 4-Cent program
New Projects Funded:
Kempsville Road Phase IV
Centerville Turnpike
Information shall be provided re the projects currently in the VDOT 6- Year Program, depicting the Legacy
Projects and the Projects being developed by the City. Mr. Block referenced a preliminary meeting with the
Virginia Department of Transportation in December and then meetings regarding the 6-Year Program as
it is developed. The concerns of City Council shall be relayed. Concerning Nimmo ~ Mr. Block advised the
us. Army Corps of Engineers, because of flood plain concerns, requested a 1600-foot bridge be built over
the canal. This would cause a significant increase in the cost. Thus, the project was "pushed back" many
years. Mr, Block referenced a project to significantly improve the intersection of International and
Lynnhaven Parkway. Ifprevious studies have been completed re better mobility in the Lynnhaven Mall
area (i, e, cutting Sabre Road through to London Bridge Road), these shall be provided. If studies are not
available, staff shall review the area and conclusions will be brought back to City Council for discussion.
The last section of London Bridge was originally scheduled to be completed in early November. Mr, Block
has heard differing dates of completion.
Mr. Block referenced the long term solution to Indian River Road is the Southeastern Parkway and
Greenbelt. Indian River Road, a City street, is forced to perform as an Interchange, which it cannot
function, The City Manager advised City Line Road has just been added to the Regional Plan, If City Line
Road were to be completed, this would remove an estimated 10,000 cars a day off Indian River Road.
The City Manager advised an enormous amount of work has been compiled re signal controllers, equipment,
computers, timing and the new traffic center, A briefing shall be provided to City Council as this has
entailed a major expenditure of dollars.
City Staff, in January or early February, shall provide a comparison of the 3- 4- and 5-Cent Plans. If these
funds are derivedfrom a tax source they shall be designated and not siphoned to other projects. City Council
shall provide their preferences relative road projects.
November 8,2005
- 13-
CITY COUNCIL COMMENTS
3:40 P.M.
ITEM # 54585
Council Lady McClanan referenced correspondence in the City Manager's Package from the Parks and
Recreation Department outlining expenditures desired by the public, There is no mention of City
appearance, landscaping, a duty which has been delegated to this department. Vice Mayor Jones and
Council Members Wood and Villanueva concurred. Proper maintenance of landscaping should have been
contained in the survey.
Charles Meyer, Chief Operating Officer, advised the survey was focused strictly on service areas and parks
and park facilities. This survey was intended to focus exclusively on citizens' priorities concerning
investments made in the Parks and Recreation system. All of the service levels were purposely excluded.
The City Manager advised Tom Ward - Virginia Beach Beautification Commission, will present a status
report to City Council concerning the Community Color Program. A program relative proper maintenance
of the City's landscaping shall be provided during the Budget process,
Councilman Reeve requested closer cooperation with Sheriff Lanteigne and his Worliforce to stimulate the
effort of increased maintenance of the City's right-of ways.
ITEM # 54586
Councilman Villanueva referenced a Resort Advisory Commission report re a DRAFT Ordinance
concerning the news media racks.
The City Attorney advised the Ordinance is still being developed. The concept is not premature, but the
Ordinance is premature. Deputy City Attorney William Macali and Assistant City Attorney Ron Ingram and
Amy Mapp are still editing this ordinance. The details of the ordinance need refinement.
The City Manager advised USA Today and The Virginian Pilot would not participate.
ITEM # 54587
Council Lady Wilson referenced the Ordinance upon Application of Christian Chapel Assembly of God for
a Conditional Use Permit for a church on property located at 2751 Salem Road. This application has been
DEFERRED INDEFINITELY. Councilman Reeve advised Reverend Conant reiterated the Navy's
interpretation is the Church was operating a daycare center and school. This is not the case, The nursery
is only for housing the small children during Sunday services and the classrooms are just for Sunday school,
Councilman Reeve supported this application being scheduled for a City Council Session.
Correspondence from the Navy shall be provided to City Council by Karen Lasley, Zoning Administrator.
November 8,2005
- 14-
CITYCOUNCIL COMMENTS
ITEM # 54588
Mayor Oberndorf referenced an "unhappy weekend" in Kempsville. Over one hundred (100) cars had their
windows shot out. Mayor Oberndorf's car was one of these. Replacement windows incur expenses of over
$300. The Fourth Police Precinct has a very large area to cover (from the Chesapeake Border to Norfolk
and back over to the middle of Virginia Beach). Unfortunately criminal incidents of this nature are
occurring more frequently.
Council Lady McClanan concurred the residents of her District do not feel the police can always be here.
During the Summertime, the number of police presence is reduced and transferred to the Resort Area,
Councilman Schmidt advised the City is short seventy (70) sworn Police Officers.
Councilman Dyer advised the Centerville District also shares the Fourth Precinct. Gang Markings and
activities have been undergoing in Woods Corner, near Tal/wood Elementary, and the Stumpy Lake Bridge
near Elbow Road. The Fourth Precinct has outgrown their present building. The Third Precinct is also
incurring problems encompassing the expansion of Town Center and Bayside,
November 8, 2005
-15 -
AGENDA RE VIE W SESSION
4:00 P.M.
ITEM # 54589
J. 5. Ordinance to EXTEND the date for compliance to
December 12, 2005, in the matter of the closing, vacating
and discontinuing of a portion of Sunny Avenue (formerly
Poplar Street) Lake Bradford Park upon the application of
Robin G. Waltrip, G. David Waltrip, and John Ward, Jr.
(DISTRICT 3 - KEMPSVILLE)
Vice Mayor Jones distributed the Ordinance to EXTEND the date for compliance (30 days) in the matter
of the closing, vacating and discontinuing a portion of Sunny Lake. Vice Mayor Jones requested this item
be ADDED as Item J.5,
ITEM # 54590
J.1, Resolution to REFER to the Planning Commission an
Ordinance to amend Section 401,501,601,801,901, and
1001 of the City Zoning Ordinance (CZO) re prohibiting
incomvatible uses of Zoning Districts in Accident
Potential Zone 1 (APZ-l).
Deputy City Attorney Macali advised the "test" for whether an Ordinance works in a regulatory taking
which is synonymous with the term "inverse condemnation" is whether there is a reasonable use left of the
property. Under those circumstances, if there is no reasonable use of property then the City Council will be
required to take it. However, there are situations in which the effect of the Ordinance will be to reduce the
value of the property considerably but still leave a reasonable use of it so as to not constitute an inverse
condemnation. The City would not be required then, under the Constitution of the United States or Virginia,
to pay compensation. Nevertheless, it would reduce the value of the property as it prevents most of the
development value of that property from being realized,
The City Attorney advised various tools are being developed which will all converge in time for City
Council's decision. The APZ Ordinance is one of these tools, It has to be launched now for consideration
as it will entail at least forty-five (45) days to get through the Planning Commission and back to the City
Council to make a decision. One of the components of the tools has to be an acquisition program as the City
recognizes both the BRAC order requires same and some of the Ordinances being brought forward will
create a situation, not a contract or an obligation, but rather a situation that may occur that less than a
reasonable use of the property is left; and, in those circumstances, there will need to be acquisition.
This item will be discussed during the Formal Session.
November 8, 2005
- 16-
AGE N DA REV IE W S E S S ION
ITEM # 54591
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
RESOLUTION/ORDINANCES
J. 2. Ordinance to AUTHORIZE the reimbursement of legal
fees and expenses incurred by a Sheriff's Deputy in
defense of a traffic charge dismissed by the Court.
J.3. Ordinances to ACCEPT and APPROPRIATE from the
Federal Emergency Management Agency (FEMA) to the
Fire Department's FY 2005-2006 Operating Budget re
deployment related to:
a, Hurricane Katrina - Second Deployment
b, Hurricane Rita
$1,000,000
$ 36,000
J.4. OrdinancetoACCEPTandAPPROPRIATE $175,455 to
Capital Improvement Program (CIP) for park playground
renovations and improvements from Cash Payments in
Lieu of Park Reservations:
a, Athens Boulevard
b. London Bridge Crossing
c, Madison Crossing
d. Saginaw Estates
$ 70,000
$ 28,448
$ 29,250
$ 47,757
J.5, Ordinance to EXTEND the date for compliance to
December 12, 2005, in the matter of the closing, vacating
and discontinuing of a portion of Sunny Avenue (formerly
Poplar Street) Lake Bradford Park upon the application of
Robin G. Waltrip, G. David Waltrip, and John Ward, Jr.
(DISTRICT 3 - KEMPSVILLE)
Item J.5. shall be ADDED to the Agenda
November 8, 2005
-17 -
AGE N DA REV I E W S E S S ION
ITEM # 54592
K1. Application ofK & SONS, INCfor the Modification of
the Indian Lakes Land Use Plan to allow a gasoline
station in conjunction with a convenience store at 1196
Indian Lakes Boulevard (Deferred by City Council on
October 11, 2005). (DISTRICT 2 - KEMPSVILLE)
K2. Applications of NORTH LANDING RIVER
ASSOCIATES, L.L.C re 161 Princess Anne Road:
(DISTRICT 7 - PRINCESS ANNE)
a. Modification of Conditions for a Conditional
Use Permit (approved by City Council on
November 8, 1971)
b, Variance to Section 5B of the Site Plan
Ordinance, Floodplain Regulations
K3. Application of STEVEN W. SIMPSON and BARRY D.
KNIGHT for a Conditional Use Permit re alternative
residential development at 2000 Munden Point Road.
(DISTRICT 7 - PRINCESS ANNE)
K4. Application of PRINCESS ANNE PROPERTIES, INC
for a Conditional Use Permit for a car wash at 3397
Virginia Beach Boulevard. (DISTRICT 3 - ROSE HALL)
K5. Ordinance to AMEND Section 902 of the City Zoning
Ordinance (CZO) re minimum lot width in the B-3A
Pembroke Central Business Core District re the
Performing Arts Center development
Item Kl, will be DEFERRED, BY CONSENT, until the City Council Session of November 22,2005.
Mayor Oberndorfshall vote NAY on Items K2 and K3.
Council Lady McClanan shall vote NAY on Items K2, K3, and K5
Item K4 will be APPROVED, BY CONSENT, as conditioned and subject to being developed in
compliance with the rendering as shown to City Council on November 8, 2005.
Vice Mayor Louis R. Jones DISCLOSED re Princess Anne Properties, Inc. for a Conditional Use Permit
for a car wash. Mayor Jones is a member of the Board of Directors of Resource Bank and receives more
than $10,000 annually in compensation as a Member of the Board. Resource Bank has extended a line of
credit to Bishard Development Corporation. Steven Bishard is President of the Corporation. The car wash
would be developed by Boulevard Freedom Wash, LLe Steven Bishard is a Manager of Boulevard Freedom
Wash, LLe Vice Mayor Jones wished to disclose this interest and advised he was able to participate in this
discussion fairly, objectively and in the public interest, Vice Mayor Jones's letter of November 8, 2005, is
hereby made a part of the record.
November 8, 2005
- 18-
ITEM # 54593
Mayor 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 MATTERS: 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:
Beaches and Waterways Commission
Governance Committee for Historic Sites
Historical Review Board
Investment Partnership Advisory Committee- PPEA
Personnel Board (Alternates)
Wetlands Board (Alternates)
Chesapeake Bay Preservation Area Board
Evaluation of Appointees
PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition,
acquisition, or use of real property for public purpose, or of the disposition of
publicly-held property, or of plans for the future of an institution which could affect
the value of property owned or desirable for ownership by such institution pursuant
to Section 2.2-3711(A)(3).
Disposition/Acquisition of Property:
Southeastern Parkway
ARP
PUBLIC CONTRACT: 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, pursuant to Section 2.2-3711 (A)(30).
Cox Communications
LEGAL MATTERS: 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) ,
BRAC
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council voted to proceed
into CLOSED SESSION (2:20 P.M.).
November 8, 2005
-19 -
ITEM # 54593 (Continued)
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron
A. Villanueva, James L. Wood and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox (left and returned at 4:55 P.M),
(Closed Session: 4:25 P.M. - 6:00 P.M.)
(Break: 4:27 - 4:40 P.M.)
(Dinner: 6:00 P.M. - 6:20 P.M.)
November 8, 2005
- 20-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
November 8,2005
6:00 P.M.
Mayor Meyera E, Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 8,2005, at 6:20 P.M.
Council Members Present:
Harry E, Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Obernd01f, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
INVOCATION: Reverend Donald R, Staton
Pastor, Christian Mission Fellowship
Reverend Staton included in his Prayer blessings for the young child killed by a school bus today.
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.
November 8,2005
- 21 -
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM # 54594
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 8, 2005
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 54593, page 18, 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.
~~~-=---
Ruth Hodges mith, MMC
City Clerk
November 8, 2005
- 22-
Item V- F.1.
MINUTES
ITEM #54595
Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of November 1, 2005.
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan and Peter W Schmidt
Council Members Absent:
None
Council Lady McClanan ABSTAINED as she was not in attendance during the City Council Session of
November 1,2008, as she was with her husband, Glenn McClanan, who was very ill.
Councilman Schmidt ABSTAINED as he was not in attendance during the City Council Session of November
1,2008, as he was out of the Country on business.
November 8,2005
- 23-
Item V-G.1.
MAYOR'S ANNOUNCEMENT
ITEM # 54596
Mayor Oberndorfintroduced the Boy Scouts in attendance to earn their Communications Merit Badge:
BOY SCOUT TROOP 473
Ethan Iiams
Jerry Benbrook
Scout Master
November 8, 2005
- 24-
Item V-G.2.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM #54597
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
ADDED:
Ordinance to EXTEND the date for compliance to December 12, 2005, in the
matter of the closing, vacating and discontinuing of a portion of Sunny Avenue
(formerly Poplar Street) Lake Bradford Park upon the application of Robin G.
Waltrip, G. David Waltrip, and John Ward, Jr. (DISTRICT 3 - KEMPSVILLE)
November 8, 2005
- 25 -
Item V-G.3.
ADD-ON
ITEM #54598
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADDED to the Consent
Agenda:
Ordinance to EXTEND the date for compliance to December 12, 2005, in the
matter of the closing, vacating and discontinuing of a portion of Sunny Avenue
(formerly Poplar Street) Lake Bradford Park upon the application of Robin G.
Waltrip, G. David Waltrip, and John Ward, Jr. (DISTRICT 3 - KEMPSVILLE
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 8, 2005
- 26-
Item V-H.
MAYOR'S PRESENTATION
ITEM #54599
Mayor Oberndorf introduced Bill Sammler, Warning Coordination Meteorologist, NOAA's National
Weather Service,
Mr. Sammler recognized:
City of Virginia Beach as "StormReady"
Designated by the National Weather Service
StormReady is a certification program for communities who demonstrate they meet national standards in
such areas as emergency communications, public education, emergency management planning and weather
information dissemination. This certification clearly illustrates the dedication of Fire Chief Gregory Cade,
Emergency Management, March Marchbank, their staff and the Virginia Beach Schools. There are
approximately one thousand (1,000) StormReady communities across the United States.
The people who work and serve the City of Virginia Beach are prepared to handle a variety of weather
situations.
Chief Cade received the Certificate, The City received two (2) signs displaying the City's elite standing as
StormReady.
November 8, 2005
-27-
Item V-J.
RESOLUTION/ORDINANCES
ITEM # 54600
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED IN ONE
MOTION Items 2,3a/b,4a/b/c/d, and 5 (ADDED) of the CONSENT AGENDA.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E, Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. OberndorJ, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 8, 2005
- 28-
Item V-J.1
RESOLUTION/ORDINANCES
ITEM # 54601
Deputy City Attorney William Macali advised there will be more than ample public notice, as three (3)
Public Workshops will be scheduled relative this Accident Potential Zone 1 (APZ-1). This Ordinance
applies to all zoning districts within the APZ-1 and includes Agricultural Zoning Districts, a small
number of residential, apartment, office, business, industrial and one Planned Unit Development
District, This Ordinance prohibits any use that is incompatible with the Navy's OPNA V Instruction.
There are exceptions. The main exception is for property already developed and can be redeveloped
with an equivalent density or intensity or a lesser density or intensity. If there is a single family dwelling
on the lot that house may be replaced by another single family dwelling. The same is true of businesses.
A grocery store can be on the site and demolished. If the new use is of lesser intensity or equal intensity, it
can be built. However, no greater intensity or significant expansion would be allowed. As a matter of
State law, any development which has been the subject of an approved preliminary site plan, subdivision
plat or issued building permit, has the right to develop, so long as the owner of the property goes forward
with some degree of diligence in pursuing this approval,
Sam Reid, represented the Oceana Gardens Coalition Civic League (seven hundredforty (740) homes out
of the eleven hundredfour (I104) single family units), registered in SUPPORT The only concern was
Ocean a Gardens does not bear the burden of Virginia Beach's efforts to keep Oceana by giving up
development rights without fair compensation. Mr. Reid requested the homeowners be kept informed
as the process moves forward.
Joe Ferrara, 209 Cheltenham Drive, Phone: 572-9236, represented residents in the APZ1 AT Cheltenham
Square, Nottingham Estates and Gatewood, registered in Opposition, This ordinance does not compensate
those affected for losing a significant value of their property.
Helen Bonicar, 9123 Virginia Beach Boulevard A4, Phone: 502-4913, resident of Colony Mobile Trailer
Park, age 70, jets measuring 500 decibles fly directly over her trailer home,
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution to REFER to the Planning Commission an Ordinance to
amend Section 401, 501, 601, 801, 901, and 1001 of the City Zoning
Ordinance (CZO) re prohibiting incompatible uses of Zoning Districts
in Accident Potential Zone 1 (APZ-1),
November 8, 2005
- 29-
Item V-J.1
RESOLUTION/ORDINANCES
ITEM # 54601 (Continued)
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 8,2005
1
2
3
4
5
6
7
8
9
A RESOLUTION REFERRING TO THE PLANNING
COMMISSION AN ORDINANCE TO AMEND SECTIONS
401, SOl, 601, 801, 901, 1001 AND 1110 OF
THE CITY ZONING ORDINANCE BY PROHIBITING
USES DESIGNATED AS INCOMPATIBLE IN THE
PORTIONS OF AGRICULTURAL, RESIDENTIAL,
APARTMENT, OFFICE, BUSINESS, INDUSTRIAL AND
PD-H1 ZONING DISTRICTS WITHIN ACCIDENT
POTENTIAL ZONE 1 (APZ-1)
10
WHEREAS, in August 2005, the Base Realignment and
11 Closure (BRAC) Commission issued a decision to realign NAS
12 Oceana by relocating the East Coast Master Jet Base to Cecil
13 Field, if, among other things, the City of Virginia Beach fails
14 to enact and enforce legislation to prevent further encroachment
15 of NAS Oceana by land uses that are incompatible with flight
16 operations i and
17
WHEREAS, BRAC Commission specifically stated in its
18 decision its intent was "to ensure that the State of Virginia
19 and the municipal governments of Virginia Beach and Chesapeake
20 take immediate and positive steps to halt the encroaching
21 developments that are pending before them now and in the
22 futurei" and
23
WHEREAS,
the City Council is in the process of
24 evaluating the merits of potential actions designed to respond
25 appropriately to the BRAC Commission's decision and to the
26 Navy's concerns regarding encroachment of NAS Oceanai and
27
WHEREAS, during such process, interested parties will
28 have a full opportunity to express their views concerning all
29 such potential actions, including the City Zoning Ordinance
30
amendments
referred to the Planning Commission by this
31 Resolutioni and
32
WHEREAS, it is the sense of the City Council that
33 referral of the said City Zoning Ordinance amendments to the
34 Planning Commission will provide an additional public forum in
35 which all interested parties may express their views on the
36 amendments, and will also stimulate other public discourse on
37 not only the amendments themselves, but on related issues as
38 well i and
39
40
WHEREAS, it is the intention of the City Council to
consider
each
and
every potential
action
thoroughly
and
41 critically, and to adopt only those that it determines, after
42 full public debate, are in the best interests of the citizens of
43 Virginia Beachi and
44
WHEREAS, the public necessity, convenience, general
45 welfare and good zoning practice so requirei
46
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
47 CITY OF VIRGINIA BEACH, VIRGINIA:
48
That the above-entitled ordinance, a copy of which is
49 hereto attached, is hereby referred to the Planning Commission
2
50
for
its
consideration and recommendation.
The
Planning
51 Commission is directed to consider, and make its recommendation
52 on, such ordinance at its December 14, 2005 public hearing and
53 forthwith to transmit to the City Council its recommendation
54 thereon.
55 Adopted by the Council of the City of Virginia Beach,
56
Virginia, on the
8
day of November
, 2005.
CA-9761
OID\ordres\referAPZ-1ordin.res
R-3
November 2, 2005
APPROVED AS TO LEGAL SUFFICIENCY:
I
w{;M It( /lIaa!.
City Attorney's Office
APPROVED AS TO CONTENT:
~A 11'7.0~
.~
Planning D€partment
3
1
2
3
4
5
6
7
8
9
10
11
AN ORDINANCE TO AMEND SECTIONS 401, 501, 601,
801, 901, 1001 AND 1110 OF THE CITY ZONING
ORDINANCE BY PROHIBITING USES DESIGNATED AS
INCOMPATIBLE IN THE PORTIONS OF AGRICULTURAL,
RESIDENTIAL, APARTMENT, OFFICE, BUSINESS,
INDUSTRIAL AND PD-H1 ZONING DISTRICTS WITHIN
ACCIDENT POTENTIAL ZONE 1 (APZ-1)
Sections Amended: CZO ~~ 401, 501, 601, 801,
901, 1001 and 1110
12
WHEREAS, the public necessity, convenience, general welfare
13 and good zoning practice so require;
14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
15 OF VIRGINIA BEACH:
16 That Sections 401, 501, 601, 801, 901, 1001 and 1110 of the
17 City Zoning Ordinance are hereby amended and reordained, to read as
18 follows:
19 Sec. 401. Use regulations [Agricultural Districts]
20
21
22
23 (d) Special restrictions in Accident Potential Zone 1 (APZ-
24 1). No use or structure shall be permitted on any property located
25 within Accident Potential Zone 1 (APZ-1) unless such use is
26 designated as Compatible in APZ-1 in Table 2 ("Air Installations
27 Compatible Use Zones Land Use Compatibility in Accident Potential
28 Zones") of Section 1804; provided, however, that any use or
29 structure not designated as Compatible shall be permitted as a
30 replacement of the same use or structure if the replacement use or
31 structure is of equal or lesser density or intensity than the
1
32
original use or structure.
33
COMMENT
34
35
36
37
38
39
40
41
42
43
44
45
46
47
The amendment prohibits new uses and structures in portions of Agricultural Districts within
Accident Potential Zone 1 (APZ-1) that are incompatible under Table 2 ("Air Installations
Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of Section 1804.
The provision allows replacement uses and structures so long as they are of lesser or equal density or
intensity as the original use or structure. The specific Agricultural Districts located within APZ-1
include both the AG-1 and AG-2 Agricultural Districts.
Sec. 501. Use regulations [Residential Districts] .
(c) Special restrictions in Accident Potential Zone 1 (APZ-
48 1). No use or structure shall be permitted on any property located
49 within Accident Potential Zone 1 (APZ-1) unless such use is
50 designated as Compatible in APZ-1 in Table 2 ("Air Installations
51 Compatible Use Zones Land Use Compatibility in Accident Potential
52 Zones") of Section 1804; provided, however, that any use or
53 structure not designated as Compatible shall be permitted as a
54 replacement of the same use or structure if the replacement use or
55 structure is of equal or lesser density or intensity than the
56 original use or structure.
57 COMMENT
58 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air
5 9 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of
60 Section 1804 in portions of Residential Districts within Accident Potential Zone 1 (APZ-1). The
61 provision allows replacement uses and structures so long as they are of lesser or equal density or
62 intensity as the original use or structure. The specific Residential Districts located within APZ-1
63 include the R-15 Residential, R-10 Residential, R-7.5 Residential, R-5D Residential Duplex and R-5S
64 Residential Single-Family Districts.
65
66
2
67 Sec. 601. Use regulations [Apartment Districts].
68
69
(c)
Special restrictions in Accident Potential Zone 1 (APZ-
70 1). No use or structure shall be permitted on any property located
71 wi thin Accident Potential Zone 1 (APZ-1) unless such use is
72 designated as Compatible in APZ-1 in Table 2 ("Air Installations
73 Compatible Use Zones Land Use Compatibility in Accident Potential
74 Zones") of Section 1804; provided, however, that any use or
75 structure not designated as Compatible shall be permitted as a
76 replacement of the same use or structure if the replacement use or
77 structure is of equal or lesser density or intensity than the
78 original use or structure.
79 COMMENT
8 0 The amendment prohibits new uses and structures structures that are incompatible under Table
81 2 ("Air Installations Compatible Use Zones Land Use Compatibility in Accident Potential
82 Zones") of Section 1804 in portions of Apartment Districts within Accident Potential Zone I (APZ-I).
83 The provision allows replacement uses and structures so long as they are of lesser or equal density or
8 4 intensity as the original use or structure. The specific Apartment Districts located within APZ-I
85 include the A-12, A-IS and A-36 Apartment Districts.
86
87
88 Sec. 801. Use regulations [Office Districts].
89
90 (c) Special restrictions in Accident Potential Zone 1 (APZ-1). No
91 use or structure shall be permitted on any property located within
92 Accident Potential Zone 1 (APZ-1) unless such use is designated as
93 Compatible in APZ-1 in Table 2 ("Air Installations Compatible Use
3
94 Zones Land Use Compatibility in Accident Potential Zones") of
95 Section 1804; provided, however, that any use or structure not
96 designated as Compatible shall be permitted as a replacement of the
97 same use or structure if the replacement use or structure is of
98 equal or lesser density or intensity than the original use or
99 structure.
100 CO~NT
101
102 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air
1 0 3 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of
1 0 4 Section 1804 in portions of Office Districts within Accident Potential Zone 1 (APZ-l). The provision
105 allows replacement uses and structures so long as they are oflesser or equal density or intensity as the
106 original use or structure. The only Office District located within APZ-l is the 0-2 Office District.
107
108
109 Sec. 901. Use Regulations [Business Districts].
110
111
112 (a) Principal and conditional uses. The following chart lists
113 those uses permitted within the B-1 through B-4 B-4C Business
114 Districts. Those uses and structures in the respective business
115 districts shall be permitted as either principal uses indicated by
116 a "P" or as conditional uses indicated by a "C." Uses and
117 structures indicated by an "X" shall be prohibited in the
118 respective districts. No uses or structures other than as specified
119 shall be permitted.
120
121 (c) Special restrictions in Accident Potential Zone 1 (APZ-l). No
122 use or structure shall be permitted on any property located within
123 Accident Potential Zone 1 (APZ-1) unless such use is designated as
4
124 Compatible in APZ-1 in Table 2 ("Air Installations Compatible Use
125 Zones Land Use Compatibility in Accident Potential Zones") of
126 Section 1804; provided, however, that any use or structure not
127 designated as Compatible shall be permitted as a replacement of the
128 same use or structure if the replacement use or structure is of
129 equal or lesser density or intensity than the original use or
130 structure.
131 COMMENT
132
133 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air
134 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of
135 Section 1804 in portions of Business Districts within Accident Potential Zone 1 (APZ-l). The provision
136 allows replacement uses and structures so long as they are of lesser or equal density or intensity as the
137 original use or structure. The specific Business Districts located within APZ-l include the B-1
138 Neighborhood Business and B-2 Community Business Districts.
139
140 A technical correction unrelated to the purpose of this ordinance is made in subsection (a).
141
142
143
144
145 Sec. 1001. Use regulations [Industrial Districts] .
146
147
148
149 (c) Special restrictions in Accident Potential Zone 1 (APZ-l). No
150 use or structure shall be permitted on any property located within
151 Accident Potential Zone 1 (APZ-1) unless such use is designated as
152 Compatible in APZ-1 in Table 2 ("Air Installations Compatible Use
153 Zones Land Use Compatibility in Accident Potential Zones") of
154 Section 1804; provided, however, that any use or structure not
155 designated as Compatible shall be permitted as a replacement of the
156 same use or structure if the replacement use or structure is of
5
157 equal or lesser density or intensity than the original use or
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
structure.
COMMENT
The amendment prohibits new uses and structures structures that are incompatible under Table
2 ("Air Installations Compatible Use Zones Land Use Compatibility in Accident Potential
Zones") of Section 1804 in portions ofIndustrial Districts within Accident Potential Zone 1 (APZ-l).
The provision allows replacement uses and structures so long as they are of lesser or equal density or
intensity as the original use or structure. The specific Industrial Districts located within APZ-l include
both the 1-1 and 1-2 Industrial Districts.
Sec.
1110.
Land use regulation~
Development District] .
[PD-H1 Planned Unit
(e) Special restrictions in Accident Potential Zone 1 (APZ-l). No
use or structure shall be permitted on any property located within
Accident Potential Zone 1 (APZ-l) unless such use is designated as
Compatible in APZ-l in Table 2 ("Air Installations Compatible Use
180 Zones Land Use Compatibility in Accident Potential Zones") of
181 Section 1804; provided, however, that any use or structure not
182 designated as Compatible shall be permitted as a replacement of the
183 same use or structure the replacement use or structure is of equal
184 or lesser density or intensity than the original use or structure.
185
186 COMMENT
187
188 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air
189 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of
190 Section 1804 in portions of the PD-Hl Planned Unit Development District within Accident Potential
191 Zone 1 (APZ-l). The provision allows replacement uses and structures so long as they are of lesser or
192 equal density or intensity as the original use or structure.
193
6
1 94 A minor technical amendment is made to the catchphrase of the section.
95
196
197
198 Adopted by the City Council of the City of Virginia Beach,
199 Virginia, on this day of , 200 .
200
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
td rlJu; II- jP/u,/
City Attorney's Office
CA-9760
OID/ordres/Proposed/AICUZ/APZ-1ordin.doc
R-3
November 3, 2005
7
- 30-
Item V-J.2.
RESOLUTION/ORDINANCES
ITEM # 54602
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to AUTHORIZE the reimbursement of legal fees and
expenses incurred by a Sheriff's Deputy in defense of a traffic charge
dismissed by the Court,
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 8, 2005
1 AN ORDINANCE AUTHORIZING THE
2 REIMBURSEMENT OF A SHERIFF'S DEPUTY
3 FOR LEGAL FEES AND EXPENSES INCURRED
4 BY HIM IN HIS DEFENSE OF A TRAFFIC
5 CHARGE THAT WAS DISMISSED BY THE
6 COURT
7
8 WHEREAS, a Virginia Beach sheriff's deputy was charged
9 with reckless driving for actions arising out of the performance of
10 his official duties;
11
WHEREAS, at a trial held in the Augusta County General
12 District Court on July 1, 2003, the charge against the officer was
13 dismissed;
14
WHEREAS, in the defense of said charge, the officer
15 incurred legal fees and expenses in the amount of $450, and has
16 requested the City to reimburse him for such fees and expenses;
17
WHEREAS, Section 15.2-1171 of the Code of Virginia
18
provides
that "(ilf any law-enforcement officer shall be
19 investigated, arrested or indicted or otherwise prosecuted on any
20 criminal charge arising out of any act committed in the discharge
21 of his official duties, and no charges are brought, the charge is
22 subsequently dismissed or upon trial he is found not guilty, the
23 governing body of the jurisdiction wherein he is appointed may
24 reimburse such officer for reasonable legal fees and expenses
25 incurred by him in defense of such investigation or charge"; and
26
WHEREAS, the City Attorney's Office has reviewed the
27 circumstances of this case, assessed the itemized bill submitted by
28 the officer's legal counsel, and determined that the legal fees and
29 expenses incurred by the officer are reasonable.
30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
31 OF VIRGINIA BEACH, VIRGINIA:
32 That the Sheriff is hereby authorized to expend funds in
33 the amount of $450 from the FY 2005-06 Operating Budget of the
34 Sheriff's Office for the purpose of reimbursing a sheriff's deputy
35 for legal fees and expenses incurred by him in his defense of a
36 traffic charge brought against him arising out of the performance
37 of his official duties.
38 Adopted by the Council of the City of Virginia Beach,
39 Virginia, on the
8
day of November
, 2005.
s~;ffc~
APPROVED AS TO LEGAL SUFFICIENCY:
~~,
Ci ty orne' ice
APPROVED AS TO CONTENT:
CA-9786
HjGGjordresjSaucier.legalfees.ord.doc
R-2
October 26, 2005
2
- 31 -
Item V-J.3.a/b
RESOLUTION/ORDINANCES
ITEM # 54603
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinances to ACCEPT and APPROPRIATE from the Federal
Emergency Management Agency (FEMA) to the Fire Department's FY
2005-2006 Operating Budget re deployment related to:
a. Hurricane Katrina - Second Deployment
b. Hurricane Rita
$1,000,000
$ 36,000
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba
S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 8, 2005
1
2
3
4
5
6
7
8
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$1,000,000 FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY TO THE FIRE
DEPARTMENT'S FY 2005-06 OPERATING BUDGET
FOR A SECOND DEPLOYMENT RELATED TO
HURRICANE KATRINA
WHEREAS, the Federal Emergency Management Agency (FEMA)
9 issued a second alert order for members of the FEMA Virginia
10 Task Force 2 Urban Search and Rescue Team for deployment related
11
to
Hurricane
Katrina
and
has
approved
$1,000,000
in
12
reimbursement
costs
for
expenses
related
to
the
second
13 deployment for Hurricane Katrina.
14
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA:
16
That $1,000,000 in federal funds is hereby accepted from
17 the Federal Emergency Management Agency and appropriated to the
18
Fire Department's FY 2005-06 Operating Budget,
for costs
19 associated with the second deployment of members of the Virginia
20 Task Force 2 Urban Search and Rescue Team, with federal revenue
21 . increased accordingly.
22
Accepted by the Council of the City of Virginia Beach,
23
Virginia on the
R
day of November
, 2005.
Approved as to Content
Approved as to Legal
SufficiE::ncy
~~%~
CA9790
H:\PA\GG\OrdRes\FEMA Hurricane Katrina Ord (2)
October 27, 2005
R-2
U.S. Department of Homeland Security
SOO C Street, SW
Washington, DC 20472
Virginia Beach Fire Department
Attn: Mark Piland
Special Operations, Municipal Center
2408 Courthouse Drive, Building #21
Virginia Beach, VA 23456-9065
FEMA
Re: EMW-2003-CA-Oll1 - M017
SEP 3 0 2005
Dear Mr. Piland:
Enclosed are two copies of Amendment M017 issued against Cooperative Agreement
EMW-2003-CA-0111 in the amount of$1,056,000.00 for review and signature. If,
acceptable, please sign two (2) copies ofthe award amendment document and send one
copy, as soon as possible, to the following address:
Department of Homeland Security
FEMA
Grants Management Branch
500 C Street, S.W., Room 334
Washington, D. C. 20472
Attention: Sylvia A. Carroll
The second copy is yours to retain as your fully executed copy.
Please feel free to contact me at (202) 646-3503, if you have any questions.
Sincerely,
~~~~ !I-, ~
I Sylvia A. Carroll
Grants Management Specialist
Enclosures
www.fema.gov
FEDERAL EMERGENCY MANAGEMENT AGENCY
ASSISTANCE AWARD/ANlENDMENT
1. ASSISTANCE INSTRUMENT 2, TYPE OF ACTION
[] COOPERATIVE AGREEMENT D GRANT o AWARD ill AMENDMENT
3. INSTRUMENT NUMBER 4, AMENDMENT NUMBER 5. EFFECTIVE DATE 16. CONTROL NUMBER
EMW-2003-CA-0111 M017 See Block 21 NN00581Y2005T
7. RECIPIENT NAME AND ADDRESS 8. ISS UING/ADMINISTRATION OFFICE
Virginia Beach Fire Department F~dera1 Emergency Management Agency
Attn: Vance Cooper FjLnancia1 & Acquisition Management Div
Viriginia Task Force 2 G~ants Management Branch
513 viking Drive 500 C Street, S.W" Room 350
Suite 9 W~shington DC 20472
Virginia Beach VA 23452-7322
Specialist: Sylvia A. Carroll 202-646-3503
9, RECIPIENT PROJECT MANAGER 10, FE MA PROJECT OFFICER
Vance Cooper 757-431-4160 WEinda Casey, 202-646-4013
11, ASSISTANCE ARRANGEMENT 12, PAYMENT METHOD 13, PA. YMENT OFFICE
~ COST REIMBURSEMENT ~ TREASURY CHECK F~deral Emergency Management Agency
o COST SHARING REIMBURSEMENT Accounting Services Division
o FIXED PRICE 0 Disbursement & Receivables Branch
ADVANCE CHECK 500 C Street, S. W" Room 723
o OTHER 0 LETTER OF CREDIT WEishington DC 20472
14. ASSISTANCE AMOUNT 15, ACCOUNTING & APPROPRIATION DATA
PREVIOUS AMOUNT $5,520,877.53 See continuation Page
AMOUNT THIS ACTION $1,056,000.00
TOTAL AMOUNT $6,576,877.53
16, DESCRIPTION OF PROJECT
This amendment, M017, provides funding support to the Hurr~cane Katrina Recovery Effort.
The total amount obligated under this agreement is hereby ~ncreased by $1,056,000.00 from $5,520,877.53
to $6,576,877.53.
All other terms and conditions remain in effect. CFDA reference is 97.025.
END OF AMENDMENT M017
17, RECIPIENT REQUIREMENT
o RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUING/ADMIN OFFICE IN BLOCK 8.
o RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT.
18. RECIPIENT (Type name and title) 19, ASSISTANCE OFFICER (Type name and title)
Richard W. Goodman
~ssistance Officer
DAT@I:P 3 0 2005
CONTINUATION PAGE
A.I PRICE/COST SCHEDULE
ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT
NO. SUPPLIES/SERVICES PRICE
1 1.00 $1,056,000.00 $1,056,000.00
US&R Task Force Deployed to Louisiana
in support 0
FUNDING/REQ NO: 1 : $1,056,000.00 NN00581Y2005T
GRAND TOTAL ---
$1,056,000.00
------------------
------------------
ACCOUNTING AND APPROPRIATION DATA:
ACRN APPROPRIATION
REQUISITION NUMBER
AMOUNT
1 2005-06-1603DR-9064-
-4101-0
NN00581Y2005T
P
$1,056,000.00
1
2
3
4
5
6
7
8
9
10
11
12
13
14
j
15
16
17
18
19
20
21
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$336,000 FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY TO THE FIRE
DEPARTMENT'S FY 2005-06 OPERATING BUDGET
FOR A DEPLOYMENT RELATED TO HURRICANE
RITA
WHEREAS, the Federal Emergency Management Agency (FEMA)
issued an alert order for members of the FEMA Virginia Task
Force 2 Urban Search and Rescue Team for deployment related to
Hurricane Rita and has approved $336,000 in reimbursement costs
for expenses related to the Hurricane Rita deployment.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That $336,000 in federal funds is hereby accepted from the
Federal Emergency Management Agency and appropriated to the Fire
Department's FY 2005-06 Operating Budget, for costs associated
with the deployment of members of the Virginia Task Force 2
Urban Search and Rescue Team, with federal revenue increased
accordingly.
Accepted by the Council of the City of Virginia Beach,
Virginia on the
day of November
, 2005.
8
Approved as to Content
Approved as to Legal
Sufficiency
~~$;L"_
Menagem t S rvices
I
,)um C!4ilA
City Attorney' Office
CA9789
H:\PA\GG\OrdRes\FEMA Hurricane Rita Ord (2)
October 27, 2005
R-2
,,)
u.s. Department of Homeland Security
500 C Street, SW
Washington, DC 20472
Virginia Beach Fire Department
Attn: Mark Piland
Special Operations, Municipal Center
2408. Courthouse Drive, Building #21
Virginia Beach, VA 23456-9065
FEMA
Re: EMW-2003-CA-Oll1 - M018
SiP 3 0 2Ot6
Dear Mr. Piland:
Enclosed are two copies of Amendment MO 18 issued against Cooperative Agreement
EMW-2003-CA-0111 in the amount of$336,000.00 for review and signature. If,
acceptable, please sign two (2) copies of the award amendment document and send one
copy, as soon as possible, to the following address:
Department of Homeland Security
FEMA
Grants Management Branch
500 C Street, S.W., Room 334
Washington, D. C. 20472
Attention: Sylvia A. Carroll
The second copy is yours to retain as your fully executed copy.
Please feel free to contact me at (202) 646-3503, if you have any questions.
Sincerely,
L/L~ 11-~ ~
-' -'~Y1vla A. Carroll
Grants Management Specialist
Enclosures
www.lfema.gov
, '1, ASSISTANCE INSTRUMENT 2, TYPE OF ACTION
~ COOPERATIVE AGREEMENT o GRANT o AWARD 0 AMENDMENT
3. INSTRUMENT NUMBER 4. AMENDMENT NUMBER 5, EFFECTIVE DATE 16, CONTROL NUMBER
EMW-2003-CA-Olll M018 See Block 21 NN00585Y2005T
7. RECIPIENT NAME AND ADDRESS 8. ISSl,JING/ADMINISTRATION OFFICE
Virginia Beach Fire Department E'e deral Emergency Management Agency
Attn: Vance Cooper Financial & Acquisition Management Div
Viriginia Task Force 2 Grants Management Branch
513 Viking Drive 500 C Street, S.W., Room 350
Suite 9 Wa shington DC 20472
Virginia Beach VA 23452-7322
Specialist: Sylvia A. Carroll 202-646-3503
9, RECIPIENT PROJECT MANAGER 10, FEMA PROJECT OFFICER
Vance Cooper 757-431-4160 Wanda Casey, 202-646-4013
11, ASSISTANCE ARRANGEMENT 12. PAYMENT METHOD 13, PAYMENT OFFICE
GJ COST REIMBURSEMENT o TREASURY CHECK Federal Emergency Management Agency
o COST SHARING REIMBURSEMENT Ac counting Services Division
o FIXED PRICE 0 Disbursement & Receivables Branch
ADVANCE CHECK 500 C Street, S,W" Room 723
o OTHER 0 LETTER OF CREDIT Wa shington DC 20472
14. ASSISTANCE AMOUNT 15. ACCOUNTING & APPROPRIATION DATA
PREVIOUS AMOUNT $6,576,877,53 Continuation Page
See
AMOUNT THIS ACTION $336,000.00
TOTAL AMOUNT $6,912,877,53
FEDERAL EMERGENCY MANAGE MENT AGENCY
ASSISTANCE AWft.RDJAI\fIENDMENT
16. DESCRIPTION OF PROJECT
This amendment, M018, provides funding support to Hurricane Rita Recovery Effort.
The total amount obligated under this agreement is hereby increased by $336,000.00 from $6,576,877.53
to $6,912,877.53.
All other terms and conditions remain in effect. CFDA reference is 97,025.
END OF AMENDMENT M018
17. RECIPIENT REQUIREMENT
o RECIPIENT is REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUING/ADMIN OFFICE IN BLOCK 8,
o RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT.
18. RECIPIENT (Type name and title)
TE " ~
S~M Ot7
REPLACES E
~E~
CONTINUATION PAGE
A.I PRICE/COST SCHEDULE
ITEM
NO.
DESCRIPTION OF
SUPPLIES/SERVICES
QTY UNIT
UNIT
PRICE
AMOUNT
1
1.00 $336,000.00
Funding for US&R Task Forces and 1ST
Members that
FUNDING/REQ NO: 1: $336,000.00 NN00585Y2005T
$336,000.00
GRAND TOTAL ---
$336,000.00
------------------
------------------
ACCOUNTING AND APPROPRIATION DATA:
ACRN APPROPRIATION
REQUISITION NUMBER
AMOUNT
1 2005-06-1606DR-9064-
-4101-D
NN00585Y2005T
P
$336,000.00
- 32-
Item V-J.4.a/b/cld
RESOLUTION/ORDINANCES
ITEM # 54604
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $175,455 to Capital
Improvement Program (CIP) for park playground renovations and
improvements from Cash Payments in Lieu of Park Reservations:
a, Athens Boulevard
b. London Bridge Crossing
c. Madison Crossing
d. Saginaw Estates
$ 70,000
$ 28,448
$ 29,250
$ 47,757
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 8, 2005
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $175,455 FROM VARIOUS DEVELOPMENTS TO CAPITAL
3 IMPROVEMENT PROGRAM PROJECT #4-970, PARK
4 PLAYGROUND RENOVATIONS, FOR PLAYGROUND
5 IMPROVEMENTS
6
7 WHEREAS, in accordance with the City Council Policy for Cash-
8 Payment in Lieu of Park Reservation, the City will receive $70,000
9 for the Athens Boulevard subdivision, $28,448 for the London Bridge
10 Crossing subdivision, $29,250 for the Madison Crossing subdivision,
11 and $47,757 for the Saginaw Estates subdivision, for playground
12 improvements in the vicinity of these developments.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15
16 That $175,455 is hereby accepted from various developers and
17 appropriated to Capital Improvement Project #4-970, Park Playground
18 Renovations, for playground improvements in the vicinity of the
19 proposed subdivisions, with revenue from local sources increased
20 accordingly in the FY 2005-06 Capital Improvement Budget.
21 Adopted by the Council of the City of Virginia Beach,
22 Virgini$, on the 8 day of November , 2005.
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
~M
anage ent ervices
)aLnlJ !.;( ~~
City Attorney's ffice
CA9791
H:\PA\GG\OrdRes\Park Playground Renovations Ord
October 28, 2005
R-3
2005 Cash-In-Lieu-Of-Park Reservation Payments
Department of Parks and Recreation - Appropriation to CIP 4-970 Park Playground
Renovations
Subdivision Name: Athens Boulevard
Subdivision Location: Athens Boulevard at Beaufort Avenue (Chesapeake Beach area)
Developer: Athens Blvd., L.L.C.
Site size: 4.5 acres
Zoninq: R-7.5
Number of lots: 15
Park dedication requirement: .225 acres
Assessed value per acre: $311,111
Payment amount: $70,000
Subdivision Name: London Bridge Crossing
Subdivision Location: West side of London Bridge Blvd., ~ south of Potters Road
Developer: Bishard Development, Inc.
Site size: 5.17 acres
Zoninq: R-5d
Number of lots: 21 lots
Park dedication requirement: .24 acres
Assessed value per acre: $118,583
Payment amount: $28,448
Subdivision Name: Madison Crossing
Subdivision Location: Northwest side of Dam Neck Road, ~ north of Rosemont Road
Developer: Birshard Development, Inc.
Site size: 4 acres
Zoninq: R-5d
Number of lots: 24
Park dedication requirement: .24 acres
Assessed value per acre: $121,878
Payment amount: $29,250
Subdivision Name: Saginaw Estates
Subdivision Location: Thompkins Lane off of Indian River Road (Newlight area)
Developer: Tate Terrace Realty Investment, Inc.
Site size: 5.8 acres
Zoninq: R-5d
Number of lots: 27
Park dedication requirement: .35 acres
Assessed value per acre: $136,448
Payment amount: $47,757
" ,.
'I' "
City
Council
Policy
Title:
Cash Payment in lieu of Park Reservation
Index Number: 3.01
Date of Adoption:
Date of Revision:
Page 1
of 2
'.0 Purpose and Need for Policies and Procedures
Section 4.5 of the Subdivision Ordinance, Public Sites and Open Spaces, has been used as the tool to acquire
neighborhood parks and open space in developing areas. Section 4.5 is also a tool for acquiring sensitive
environmental land. It requires the developer to reserve a parcel of land for open sp3ce and recreational
purposes according to a formula based on lot size. The City has the option of purchasing this reserved land
within five years at current market value. The following alternatives to reservation are currently available in the
Subdivision Ordinance:
Dedication: Dedication of land at no cost to the City. Dedication is one-half of reservation requirement
specified in the Subdivision Ordinance.
Other Arrangements: Other mutually agreeable arrangements approved by City Council which could include
a cash payment.
Homeowners' Association: Establish a homeowners' association which would own the property and would
constitute an equivalent recreational amenity.
As noted, Section 4.5 of the Subdivision Ordinance allows for cash payments as an alternative to reservations.
Cash payments in lieu of a reservation or dedication is desirable when the dedication requirement is small (less
than one acrel or due to an analysis of existing open space/recreation amenities in relation to standards based
on population, it is determined that additional land is not needed. This policy is needed to clarify the process
and value for determining cash payments to ensure a consistent and equitable approach for cash payments.
This policy is intended as a guide for determining cash in lieu of reservations or dedications. The current
subdivision ordinance cannot require cash payment in lieu of reservations or dedications. Once received, the
cash payments are to be designated for improvements within the planning area of the developing subdivision.
2.0 Policv
Cash payments are recommended as an acceptable alternative to dedication of open space area when the
dedication requirement is such that the resulting park space would not be a useful amenity based on statistical
criteria and standards used for acquisition of park space (generally less than one acrel. All cash in lieu of
payments are to be determined by the City Real Estate Assessor and based on the dedication requirement
multiplied by the assessed land value. In the case where a property has a current land value and market value
due to land use taxation for qualifying farm and reforested property, the market value will be used to determine
the cash payment. Cash payments will be due upon approval by City Council unless other arrangements are
approved by City Council.
3.0 Procedure to Accomplish Policv
Subdivision plans are currently reviewed for compliance with the Subdivision Ordinance as coordinated by the
Planning Department. Parks and Recreation reviews all subdivision plans required to meet Section 4.5 of the
Subdivision Ordinance. The procedures and policies are in place to determine the reservation or dedication
requirement. The assessed value of properties is determined by the City Assessor's Office.
I "
4.0 Responsibility and Authority
The Director of Parks and Recreation shall be responsible for coordinating the review process for cash payments.
Representatives from the Department of Parks and Recreation, Public Works/Real Estate, City Assessor's Office,
Department of Planning, and the City Attorney's Office will review cash in lieu of payments. The City
Assessor's Office will determine the assessed land value. The Director of Parks and Recreation will review the
proposal for cash in lieu dedication/reservation against the City's Outdoors Plan and attach a signed finding of
conformity/compliance with the Plan.
5.0 Definitions
Dedication Requirement: Defined in Section 4.5 of the Subdivision Ordinance. The dedication requirement is
one half of the reservation requirement.
Assessed Value: Current monetary value of the property as determined by the City Assessor's Office.
6.b Specific Requirements
All cash payments in lieu of park dedications are to be approved by City Council as identified in the Subdivision
Ordinance. Staff will provide statistical analysis, appraisal information, calculation of the cash payment, and
agreement from the developer. A cash in lieu of form and agreement will be used in this process (see attachedl.
These items are to be included in the Agenda Request for approval of the cash payment.
Approved as
to Content:
AtU- iP. tJ~
df/95"
Date
I
:;
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Director / Administr ator
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Reviewed by:
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Date J
Approved as
to Legal Sufficiency:
APPROVED BY
CITY COUNCil:
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Date
- 33-
Item V-J.5.
RESOLUTION/ORDINANCES
ITEM # 54605
ADDED
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to EXTEND the date for compliance to December 12, 2005,
in the matter of the closing, vacating and discontinuing of a portion of
Sunny Avenue (formerly Poplar Street) Lake Bradford Park upon the
application of Robin G. Waltrip, G. David Waltrip, andJohn Ward, Jr.
(DISTRICT 3 - KEMPSVILLE)
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 8, 2005
1 AN ORDINANCE FURTHER EXTENDING THE
2 DATE FOR SATISFYING CONDITIONS IN THE
3 MATTER OF THE CLOSING, VACATING AND
4 DISCONTINUING OF A PORTION OF SUNNY
5 AVENUE (FORMERLY POPLAR ST.) LAKE
6 BRADFORD PARK, UPON THE APPLICATION
7 OF ROBIN G. WALTRIP AND G. DAVID
8 WALTRIP AND JOHN WARD, JR.
9 WHEREAS, on July 13, 2004, the Council of the City of Virginia Beach acted upon the
10 application of Robin G. Waltrip and G. David Waltrip and John Ward, Jr. for the closure of portion
11 of Sunny Avenue;
12 WHEREAS, on July 13, 2004 the Council adopted an Ordinance to close the aforesaid street,
13 subject to certain conditions being met on or before July 12, 2005; and
14 WHEREAS, on June 22, 2005, the applicant applied for and was granted an extension of time
15 to November 12,2005, to satisfy the conditions attached to the aforesaid street closure.
16 WHEREAS, on November 8, 2005, the applicant requested that they be granted an additional
17 thirty day extension of time to satisfy the conditions attached to the aforesaid street closure.
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20 That the date for meeting conditions of closure as stated in the initial Ordinance adopted on
21 July 13, 2004, upon application of Robin G. Waltrip and G. David Waltrip and John Ward, Jr., is
22 further extended to December 12,2005.
23 GPIN's: 1570-41-1300,1570-41-0269,1570-41-0330, 1570-41-0302, 1570-31-9382, 1570-31-9353,
24 1570-31-9334,1570-31-8394,1570-31-8364, 1570-31-9282, 1570-31-9243, 1570-31-9213, and
25 1570-31-8276
, ,
26 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of
27 November, 2005.
CA-9708
H:\OIDIREAL ESTATElSlreet Closure\ Waltrip- Ward.ca9651.eXI.ord2.doc
Date: 11/8/05
R1
APPROVED AS TO CONTENT:
~
Planning D~nt
APPROVED AS TO LEGAL SUFFICIENCY:
~~. tuul-to-J
City Attorn's Office
Item V-J(,
PLANNING
1. K & SONS, INC.
- 34-
ITEM #54606
2. NORTH LANDING RIVER ASSOCIATES, L.L.C.
3. STEVEN W. SIMPSON and BARRY D. KNIGHT
4. PRINCESS ANNE PROPERTIES, INC.
5. CITY ZONING ORDINANCE
MODIFICATION OF THE INDIAN
LAKES LAND USE PLAN
MODIFICATION OF CONDITIONS
Conditional Use Permit (approved 11/8/71)
VARIANCE
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
AMEND Section 902 re minimum lot
width in the B-3A Pembroke Central
Business Core District re Performing Arts
Center
November 8, 2005
- 35 -
Item V-K.
PLANNING
ITEM # 54607
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED IN ONE
MOTION Items 1 (DEFERRED), 2, 3,4 and 5 of the PLANNING BY CONSENT AGENDA.
Item K,2, was DEFERRED, BY CONSENT, until the City Council Session of November 22,2005
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Mayor Oberndorfvoted a VERBAL NAY on Items K,2, K,3.
Council Lady McClanan voted a VERBAL NAY on Items K,2, K,3. and K,5
Vice Mayor Louis R. Jones DISCLOSED re Princess Anne Properties, Inc. (K4) for a Conditional Use
Permit for a car wash, Mayor Jones is a member of the Board of Directors of Resource Bank and receives
more than $10,000 annually in compensation as aM ember of the Board. Resource Bank has extended a line
of credit to Bishard Development Corporation, Steven Bishard is President of the Corporation. The car
wash would be developed by Boulevard Freedom Wash, LLC. Steven Bishard is a Manager of Boulevard
Freedom Wash, LLC. Vice Mayor Jones wished to disclose this interest and advised he was able to
participate in this discussion fairly, objectively and in the public interest. Vice Mayor Jones's letter of
November 8, 2005, is hereby made a part of the record.
November 8,2005
- 36-
Item V-K.l.
PLANNING
ITEM # 54608
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED until the
City Council Session of November 22, 2005, an Ordinance upon application of K & SONS, Inc. for
Modification to the Indian Lakes Land Use Plan to allow a gasoline station in conjunction with a
convenience store.
ORDINANCE UPON APPLICATION OF K & SONS, INC. FOR THE
MODIFICATION OF THE INDIAN LAKES LAND USE PLAN TO
ALLOW GASOLINE SALES IN CONJUNCTION WITH A
CONVENIENCE STORE
Ordinance upon Application of K & Sons, Inc. for the Modification of
the Indian Lakes Land Use Plan to allow gasoline sales in conjunction
with a convenience store on property located at 1196 Indian Lakes
Boulevard (GPINs 14658968560000; part of 14658958850000). 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 modification to the land use
plan is to develop the site for gasoline sales in conjunction with a
convenience store. DISTRICT 2 - KEMPSVILLE
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 8, 2005
-37-
Item V-.K.2.
PLANNING
ITEM # 54609
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED
applications of NORTH LANDING RIVER ASSOCIATES, L.L.c. for a, Modification of Conditions to
a Conditional Use Permit (approved by City Council on November 8, 1971) and a Variance to Section 5B
of the Site Plan Ordinance, Floodplain Regulations:
ORDINANCE UPON APPLICATION OF NORTH LANDING RIVER
ASSOCIATES, 1.1. C. FORA MODIFICATION OF CONDITIONS TO
A CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON
NOVEMBER 8,1971,
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of North Landing River Associates, 1.1. C.
for a Modification of Conditions to a Conditional Use Permit approved
by City Council on November 8, 1971. The property is located at 161
Princess Anne Road (GPIN 23174127930000). DISTRICT 7 -
PRINCESS ANNE
AND,
Ordinance upon Application of North Landing River Associates, 1.1. C.
for a Variance to Section 5B of the Site Plan Ordinance. Floodvlain
Regulations on property located at 161 Princess Anne Road (GPIN
23174127930000). DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. All Stipulations, with the exception of "The property cannot be
used for permanent trailers or campsites, attached to the
Conditional Use Permit granted by the City Council on
November 8, 1971 remain in affect. In addition to the existing
Stipulations the following conditions shall be attached to the
conditional use permit:
a. (i) The six (6) cabins, existing along the eastern side
of Canal 2 shall be permitted to remain on the site
provided the applicants' obtain all the necessary
permits, inspections and certificates of occupancy
for the cabins,
(ii) Any recreational vehicles stored on the site year
round and available for lease shall obtain any
necessary permits, inspections and certificates of
occupancy as required by State law as determined
by the Building Code Official of the City of
Virginia Beach.
b. The applicants shall delineate and screen the
"Recreational Vehicle Storage Area" located in
the southeastern portion of the site, The
screening shall be Category IV.
November 8, 2005
- 38-
Item V-K.2.
PLANNING
ITEM # 54609 (Continued)
c.
The applicants shall delineate and screen the
maintenance staging area and campground item
storage area located in the southeastern portion
of the site. The screening shall be Category IV.
d.
There shall be no encroachment into the
delineated wetlands areas depicted on the
submitted site plan entitled "North Landing River
Front Camp Ground, Virginia Beach, Virginia,
Exhibit A ", prepared by WPL and dated 5/20/05.
Said plan has been exhibited to the City of
Virginia Beach City Council and is on file in the
Planning Department,
2. The proposed floodplain mitigation and buffer restoration shall
substantially adhere to the submitted plans entitled "North
Landing River Front Camp Ground, Virginia Beach, Virginia,
Mitigation Plan ", prepared by WPL and dated 9/12/05. Said
plans have been exhibited to the City of Virginia Beach City
Council and are on file in the Planning Department,
3, The applicants shall submit detailed site and mitigation plans to the
Development Services Center, Planning Department of the City of
Virginia Beachfor review and approval within three (3) months of
City Council approval of the Modification of Conditions and
Floodplain Variance. Required screening and improvements shown
on the mitigation plan must be completed by June 1, 2006,
Voting:
9-2 (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,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Mayor Meyera E. Oberndorf and Reba S. McClanan
Council Members Absent:
None
November 8,2005
- 39-
Item V-K.3.
PLANNING
ITEM # 54610
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an
Ordinance upon application of STEVEN W. SIMPSON and BARRY D. KNIGHT for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF STEVEN W. SIMPSON
and BARRY D. KNIGHT FOR A CONDITIONAL USE PERMIT FOR
ALTERNATIVE RESIDENTIAL DEVELOPMENT R0100534132
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Steven W. Simpson and Barry D.
Knight for a Conditional Use Permit for alternative residential
development on property located at 2000 Munden Point Road (GPIN
23088084330000). DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. The final plat shall depict the three (3) proposed parcels as
shown on the plan entitled "Preliminary Subdivision, 2000
Munden Point Road, " prepared by The Spectra Group, Inc.,
dated 07-21-05,
2. The ingress/egress for the proposed Lot 1 shall be via an
ingress/egress easement provided to Lot 1 from the proposed Lot
3, Said easement shall be depicted on the final plat.
3. As required by the Rural Development Guidelines set forth in the
City of Virginia Beach Comprehensive Plan, a minimum 50-foot
wide vegetative buffer shall be installed, where one does not
currently exist, along all property lines subject to this application
that adjoin any parcel actively used for agricultural purposes.
The first 25 feet of said buffer, closest to the adjacent
agricultural field, shall be planted with a mixture of grasses and
low growing indigenous shrubs. The second 25 feet of said
buffer shall be planted with a double row of trees with a
minimum caliper of 1- ~ inches and should be centered no more
than 30 feet on center. These trees shall be indigenous and
consist of a mixture of 25 percent deciduous and 75 percent
evergreen. A Landscape Plan shall be submitted with the final
plat to the Development Services Center for review and approval
prior to the recordation of the final plat,
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 November, Two
Thousand Five
November 8, 2005
- 40-
Item V-K.3.
PLANNING
ITEM # 54610 (Continued)
Voting:
9-2 (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,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Mayor Meyera E. Oberndorf and Reba S. McClanan
Council Members Absent:
None
November 8, 2005
- 41 -
Item V-K.4.
PLANNING
ITEM # 54611
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an
Ordinance upon application of PRINCESS ANNE PROPERTIES, INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF PRINCESS ANNE
PROPERTIES, INC. FOR A CONDITIONAL USE PERMIT FOR A
CAR WASH R0100534133
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Princess Anne Properties, Inc, for a
Conditional Use Permit for a car wash on property located at 3397
Virginia Beach Boulevard (GPIN 14878406360000). DISTRICT 3 -
ROSE HALL
The following conditions shall be required:
1, When the site is redeveloped, the site layout shall be in
substantial conformance with the plan entitled, "Preliminary Site
Plan of Freedom Wash at Princess Anne Plaza, " prepared by
Engineering Services, Inc., dated October 7, 2005, and being
developed in compliance with the rendering as shown to City
Council on November 8, 2005. All structures must meet all
setback requirements as dictated by the City of Virginia Beach
Zoning Ordinance.
2. When constructed, the self service and automatic wash building
shall substantially adhere to the rendering entitled, "Freedom
Wash," prepared by Porterfield Design Center in terms of
building materials and color scheme.
3, The free standing sign or any other signage on the site or
building shall not contain changeable copy. The free standing
sign shall be in substantial conformance with the sign depicted
on the rendering entitled "Freedom Wash," prepared by
Porterfield Design Center.
4. The landscaping to be installed shall be, at a minimum, as
depicted on the Landscape Plan entitled, "Landscape Plan,
Freedom Wash at Princess Anne Plaza," prepared by
Engineering Services, Inc., dated August 25, 2005, Foundation
landscaping shall be incorporated into the planting bed depicted
along the western fa9ade, Said Landscaping Plan, depicting
these requirements, shall be submitted during final site plan
review,
November 8,2005
- 42-
Item V-K.4.
PLANNING
ITEM # 54611
5. Directional signs shall be installed on the site, both free standing
and on the pavement, as depicted on the Preliminary Site Plan,
Additional directional signs may be installed as necessary and as
permitted by the City of Virginia Beach Zoning Ordinance.
6. At least one (1) employee shall be present on site seven (7) days
per week during the hours of9:00 a.m. and 5:00 p.m. and during
any additional peak hours of the 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 Eighth of November, Two Thousand
Five
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. OberndorJ, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Vice Mayor Louis R. Jones DISCLOSED re Princess Anne Properties, lnc, (K4) for a Conditional Use
Permit for a car wash. Mayor Jones is a member of the Board of Directors of Resource Bank and receives
more than $10,000 annually in compensation as a Member of the Board. Resource Bank has extended a line
of credit to Bishard Development Corporation. Steven Bishard is President of the Corporation, The car
wash would be developed by Boulevard Freedom Wash, LLC. Steven Bishard is a Manager of Boulevard
Freedom Wash, LLC. Vice Mayor Jones wished to disclose this interest and advised he was able to
participate in this discussion fairly, objectively and in the public interest, Vice Mayor Jones's letter of
November 8, 2005, is hereby made a part of the record.
November 8, 2005
City c>f Virgi:r1ia Beach
VBgov.com
LESLIE L. LILLEY
CITY ATTORNEY
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9004
(757) 427-4531
FAX (757) 426-5687
TOD (757) 427-4305
In Reply Please Refer to OP-898
November 8, 2005
Vice-Mayor Louis R. Jones
Virginia Beach City Council
Municipal Center
Virginia Beach, VA 23456
Re: Request for Conflict of Interests Act Opinion
Dear Vice-Mayor Jones:
I am writing in response to your request for an opinion as to whether you are precluded from
participating in City Council's discussion of, and vote on, Princess Anne Properties, Inc.' s
application for a Conditional Use Permit.
SUMMARY CONCLUSION
Based on my review of the State and Local Government Conflict of Interests Act and the
facts provided by you, I am of the opinion that you do not have a personal interest in Princess Anne
Properties, Inc.' s application for a Conditional Use Permit. Therefore, you may participate without
restriction in City Council's discussion of, and vote on, the agreement.
I base the aforesaid conclusion on the following facts that you have presented. Please review
and verify the accuracy of the facts set forth herein as you may only rely upon this opinion to the
extent that those facts are complete and accurate.
FACTS PRESENTED
Princess Anne Properties, Inc. has applied for a Conditional Use Permit for a car wash on
property located at 3397 Virginia Beach Boulevard. The car wash would be developed by Boulevard
Freedom Wash, LLC. Steven Bishard is a manager of Boulevard Freedom Wash, LLC.
Vice-Mayor Jones
2
November 8, 2005
You are a member of the Board of Directors of Resource Bank and receive more than
$10,000 annually for service on the board. Resource Bank has extended a line of credit to Bishard
Development Corporation. Mr. Bishard is president of the corporation. The line of credit is
restricted to the development of single-family homes.
ISSUE PRESENTED
Does the Act preclude you from participating in City Council's discussion of, and vote on,
Princess Anne Properties, Inc.'s application for a Conditional Use Permit?
DISCUSSION/CONCLUSION
The State and Local Government Conflict of Interests Act is set forth in S 2.2-3100 et seq. of
the Code of Virginia (1950), as amended. The primary focus ofthe Act is on the personal interests
of an officer or employee of state or local government in the transactions of, and contracts with, the
governmental or advisory agency of which he or she is a member.
Based on the definitions set forth in the Act, you have a "personal interest"l in Resource
Bank. You therefore would have a "personal interest in a transaction" if it is reasonably foreseeable
that Resource Bank may receive a direct or indirect benefit or detriment as a result of City Council's
consideration of the Conditional Use Permit application.2
Bishard Development Corporation's line of credit with Resource Bank is restricted to the
development of single- family houses. Because the line of credit may not be used for other proj ects,
such as the proposed car wash, it is not reasonably foreseeable that Resource Bank will realize a
l"'Personal interest' means a financial benefit or liability accruing to an officer or employee or a
member of his immediate family. Such interest shall exist by reason of (i) ownership in a business if the
ownership interest exceeds three percent of the total equity of the business; (ii) annual income that exceeds, or
may reasonably be anticipated to exceed, $10,000 from ownership in real or personal property or a business;
(iii) salary, other compensation, fringe benefits, or benefits from the use of property or any combination
thereof, paid or provided by a business that exceeds, or may reasonably be anticipated to exceed, $10,000
annually; (iv) ownership of real or personal property if the interest exceeds $10,000 in value and excluding
ownership in a business, income, or salary, other compensation, fringe benefits or benefits from the use of
property; or (v) personal liability incurred or assumed on behalf of a business if the liability exceeds three
percent of the asset value of the business." Va. Code S 2.2-3101.
2 '" Personal interest in a transaction' means a personal interest of an officer or employee in any matter
considered by his agency. Such personal interest exists when an officer or employee or a member of his
immediate family has a personal interest in property or a business or a governmental agency, or represents or
provides services to any individual or business and such property, business, or represented or served individual
or business (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect
benefit or detriment as a result of the action of the agency considering the transaction." Va. Code S 2.2-3101.
Vice-Mayor Jones
3
November 8, 2005
direct or indirect benefit or detriment as a result of City Council's consideration of the Conditional
Use Permit application.3 Accordingly, the Act places no restriction upon your ability to participate in
City Council's discussion of, and vote on, the application.
As a final note, the Conflict of Interests Act deals with the types of influences upon a public
officer's judgment which are clearly improper. The law does not, however, protect against all
appearances of improper influence. In that respect, the Act places the burden on the individual
officer to evaluate whether the facts presented create an appearance of impropriety which is
unacceptable or which could affect the confidence of the public in the officer's ability to be impartial.
Please contact me should you desire any additional information.
Very truly yours,
Leslie L. Lille
City Attorney
cx~
~"
LLL/RRI
3 In circumstances where the effect of a transaction is speculative, remote, or contingent on factors
beyond the officer's control, it is not reasonably foreseeable that the officer's personal interests, or those of his
employer, will benefit or suffer as a result of the pending transaction. Additionally, the test of reasonable
foreseeability is to be applied at the time of the transaction. West v. Jones, 228 Va. 409, 415 (1984); 1986-87
Report of the Attorney General 11.
- 43-
Item V-K.5
PLANNING
ITEM # 54612
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to AMEND Section 902 of the City Zoning Ordinance
(CZO) re minimum lot width in the B-3A Pembroke Central Business
Core District re the Performing Arts Center development
Voting:
10-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
November 8, 2005
1 AN ORDINANCE TO AMEND SECTION 902 OF THE CITY
2 ZONING ORDINANCE PERTAINING TO MINIMUM LOT
3 WIDTH IN THE B-3A PEMBROKE CENTRAL BUSINESS
4 CORE DISTRICT
5
6 SECTIONS AMENDED: CZO 9 902
7
8 WHEREAS, the public necessity, convenience, general welfare
9 and good zoning practice so require;
10
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13
That Section 902 of the City Zoning Ordinance is hereby
14 amended and reordained, to read as follows:
15
ARTICLE 8. BUSINESS DISTRICTS
16 Sec. 902. Dimensional requirements.
17
18
B-3A
B-4C
(3)
Minimum lot area in square feet:
Minimum lot width in feet:*
Minimum setback from a street in feet
Maximum setback from a street in feet.
There shall be no maximum setback
10,000 10,000
19
(1)
20
(2)
-l-G-G- 6 5 1 0 0
21
o 0
22
(4 )
10 10
23
24
from a street for structures where
25
the total floor area consists of
26
residential use.
27
1
28
*Where applicable, newly created corner lots must also adhere
29
to section 4.4(c)
of the Subdivision Ordinance,
requiring
30 additional lot width on certain owner corner lots.
31
32
33 Adopted by the City Council of the City of Virginia Beach,
34 Virginia, on this 8th day of November, 2005.
2
- 44-
Item V-L.l.
APPOINTMENTS
ITEM # 54613
BY CONSENSUS, City Council RESCHEDULED:
BEACHES AND WATERWAYS COMMISSION
GOVERNANCE COMMITTEE FOR HISTORIC SITES
HISTORICAL REVIEW BOARD
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
PERSONNEL BOARD (ALTERNATES)
WETLANDS BOARD (ALTERNATES)
November 8, 2005
- 45 -
Item V-o.
ADJOURNMENT
ITEM # 54614
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:14 P.M.
~ " /J~?V~
~~--~~-----------
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
November 8, 2005