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FEBRUARY 14, 2006 MINUTES CITY OF VIRGINIA BEACH COMMUNITY FOR A LIFETIME MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W SCHMIDT, At-Large RON A. VILLANUEVA. At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX(757) 426-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY A1TORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC 14 February 2006 I. CITY COUNCIL BRIEFING - Conference Room - 1:00 PM A. BIKEWAYS and TRAILS COMMITTEE Fred Adams-Chairman, Bicycles and Trails Advisory Committee II. CITY MANAGER'S BRIEFING A. FIRE DEPARTMENT STAFFING and DEPLOYMENT Chief Greg Cade, Fire Department III. CITY COUNCIL COMMENTS N. REVIEW OF AGENDA ITEMS v. INFORMAL SESSION - Conference Room - 2:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend David Howard Pastor, Brook Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS February 7, 2006 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCES 1. Ordinance to AMEND the City Code: a) ~ 2-4 re recognition of Police, Fire and Rescue Squads as part ofthe Public Safety Program for the purposes of Workers Compensation. b) ~ 36-172 to increase the taxicab meter drop fee from $1.85 to $2.25 for the first eighth of a mile. 2. Ordinance to AUTHORIZE the City Manager to execute an agreement between the City and the Virginia Housing Development Authority (VHDA) to participate in the Sponsoring Partnerships and Revitalizing Communities (SP ARC) Home Ownership program. 3. Ordinance to AUTHORIZE the execution of a Cost Participation Agreement (with the City's share in the amount of$388,019) between the City and Ocean Properties re the construction of improvements to Elbow Road Extended Phase II at Round Hill Drive in the proposed Hillcrest Landing subdivision. J. PLANNING 1. Application of ATLANTIC ENTERPRISES, INC. to extend the date ninety (90) days to May 23,2006, for satisfying the conditions re discontinuance. closure and abandonment of a portion of a 20- foot Alley, Block 71, at 29 12 Street and Pacific Avenue to incorporate this area into adjoining parcels. (DISTRICT 6 - BEACH) RECOMMENDATION: APPROV AL 2. Application of BONNEY G. BRIGHT for Modification and Renewal of a Conditional Use Permit for a borrow pit expansion (approved by City Council on November 28, 2000) at Princess Anne Road and Club Road. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL 3. Application of JON and TAMMY CARLSON for the enlargement of a Nonconforming Use re demolition of an existing garage apartment and construction of a single-family dwelling at 304 C 2ih Street (DISTRICT 6 - BEACH) RECOMMENDATION: DENIAL 4. Applications of HERON RIDGE PROPERTIES II, L.L.c. at 2817 Seaboard Road (DISTRICT 7 - PRINCESS ANNE) a. Change of Zoning District Classification from AG-1 and AG-2 Agricultural District to Conditional R-20 Residential District to develop single-family homes b. Variance to ~4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) RECOMMENDATION: APPROV AL 5. Application of CORPORATE WOODS ASSOCIATES LLC for a Change of Zoning District Classification from 1-1 Light Industrial District to 0-2 Office District at 5040 Corporate Woods Drive to correct a zoning boundary line and provide uniform zoning for the property. (DISTRICT 2- KEMPSVILLE) RECOMMENDATION: APPROVAL 6. Application of DOUGLAS W. and VALERIE HUMPHREY and ALLAN W. BROCK, JR. at 6428 and 6432 Knotts Island Road: (DISTRICT 7 / PRINCESS ANNE) c. Conditional Use Permit for alternative residential development d. Variance to ~4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) RECOMMENDATION: APPROV AL 7. Application of PASTOR WARREN E. SINGLETON (Abounding Grace Assembly) for a Conditional Use Permit re a church at 5040 Corporate Woods Drive (DISTRICT 2- KEMPSVILLE) RECOMMENDATION: APPROVAL 8. Application of DESTINY LIFE CENTER for a Conditional Use Permit re a church in an existing movie theatre at 4554 Virginia Beach Boulevard, Suite 201 (DISTRICT 4 - BA YSIDE) RECOMMENDATION: APPROVAL 9. Application ofSHURGUARD for a Conditional Use Permit re mini-warehouses at 3201 Holland Road (DISTRICT 3 - ROSE HALL) RECOMMENDATION: APPROVAL 10. Ordinances re the CLEAR ZONE: a. AMEND ~~ 501, 901, and 1001 of the City Zoning Ordinance (CZO) by prohibiting uses designated as incompatible in the portions of residential, business and industrial zoning districts b. AMEND and REORDAIN the APZ-1 Use and Acquisition Plan to include these zones within the provisions of the Plan RECOMMENDATION: APPROVAL K. APPOINTMENTS BEACHES and WATERWAYS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA MEAL TAX TASKFORCE RESORT ADVISORY COMMISSION (RAe) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORAITON (VBCDC) L. UNFINISHED BUSINESS M. NEW BUSINESS 1. Consider RESCHEDULING the regular Session of City Council a. May 2, 2006 Councilmanic Election N. ADJOURNMENT ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 *********** Agenda 2/8/06 sIb www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 14 February 2006 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL BRIEFING re BIKEWAYS and TRAILS COMMITTEE in the City Council Conference Room, City Hall, on Tuesday, February 14, 2006, 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, Rosemary Wilson and James L. Wood Council Members Absent: Peter W. Schmidt [Entered: 1:10 P.MJ Ron A. Villanueva [Entered: 1:30 P.M.] February 14,2006 - 2 - CITY COUNCIL BRIEFING BIKEWAYS AND TRAILS COMMITTEE 1:00 P.M. ITEM # 54899 Mayor Oberndorf introduced Fred Adams, Chair - Bikeways and Trails Advisory Committee. Fred Adams advised last evening, the Governor presented his Transportation Plan. A 10-year old young man asked two of the most intelligent questions of the evening. The young man was in favor of mass transportation and wondered why a train could not be in Virginia Beach. The Governor advised he did not make the decisions for individual cities. The young man said the second question was more of a suggestion: tear up some of the major roads and install rails. All in attendance applauded. The foundation: The Bikeways and Trails Plan was adopted in October 2004. A Bikeways and Trails Advisory Committee (Established April 2005) meets monthly on the second Monday at 3:30 P.M. This is an eight (8)-member Committee with five (5) Liaisons. Mr. Adams advised the membership of Committee: Fred G. Adams (On-Road Cycling) Chair Michael I. Ashe (Bicycle Racing) Thomas E. Coghill, Sr. (On-Road Cycling) Christopher D. Felton (Community Connectivity) Eugene W. Hansen (Equestrian) Howard E. (Ned) Kuhns (Trails) Reese F. Lukei, Jr. (Natural Area Trails) Janet F. Werndli (Equestrian) Committee Liaisons City Council Reba S. McClanan Jim Reeve Planning Commission Eugene Crabtree Parks and Recreation Commission Bob Barnaby Agriculture Advisory Commission Mike Cullipher February 14, 2006 - 3 - CITY COUNCIL BRIEFING BIKEWAYS AND TRAILS COMMITTEE ITEM # 54899 (Continued) Barry Frankenfield, Design and Development Director - Parks and Recreation, also wished to express appreciation to Clay Bernick, Environmental Management Program Administrator, and Barbara Duke, Planner IlL who have been very involved in this process. Key Issues Connectivity Safe multi-use paths Variety offacilities with multiple benefits Connect major destinations On-road loop system Off-road trails Regional Links Mr. Frankenfeld displayed photographic examples of each Key Issue Mr. Adams referenced the Primary Network, which is based on trail capability around the City. The railroad would be a major connector. Mr. Adams displayed the mapping. The red circles indicated problem areas. Projects reviewed by the Bikeways and Trails Committee: Stum Lake to Back Ba Greenwa Norfolk Southern Railroad Mount Trashmore/Town Center Linka e Princess Commons 5k Loa and Racin Criterion Continuous Trail: First Landing to Virginia A uarium 20 miles of 50-Mile Lao Pave Shoulders alan After a vote by the Bikeways and Trails Committee, the following were recommended as high priority pro jets: 1. 5k Special Events Loop and Racing Criterion (Sportsplex) 2. Stumpy Lake to Back Bay Greenway (Planning) 3. Continuous Marked Trail First Landing to Virginia Aquarium 4. 20-mile portion of "50 Mile Loop" 5. Pave Gravel Shoulder along General Booth Boulevard Mr. Frankenfeld outlined the proposed and approved Capital Improvement Projects: Phase I (APPROVED): Continuous Trail, First Landing to Virginia Aquarium, Racing Criterion and Princess Anne Commons improvements. $ 781,000 Phase II: Stumpy Lake to Back Bay Greenway (Study), Phase I of the 50-Mile Loop, Dam Neck Road Improvements, Bicycle amenities and Princess Anne Commons 5k Loop $ 4,100,000 Phase III: Pave Shoulder along Shore Drive, Pave Shoulder along General Booth Boulevard from Virginia Aquarium to Oceana Boulevard, 20-Mile Loop of (50-Mile Loop): widen Princess Anne Road $ 15,027,000 It is hoped Phase III will be coordinated with major road improvements. February 14, 2006 - 4- CITY COUNCIL BRIEFING BIKEWAYS AND TRAILS COMMITTEE ITEM # 54899 (Continued) Mr. Adams advised, in anticipation of Tom Coghill's major event entitled "Celebration of Life Ride", the City has volunteered to provide signage. This ride encompasses over eight hundred (800) bikers involving seventy-jive (75) miles. This ride is in behalf of the late Jimmy Valvano's Cancer Research Foundation (The Foundation). Gene Hansen, Member - Bikeways and Trails Advisory Committee, read into the record the correspondence of Tom Coghill recovering from knee replacement surgery in Fort Lauderdale, Florida. The cost of the first phase of the revised plan for the City is approximately $20-MILLION To date $781,000 (or 4%) of the total Capital has been funded. The additional funding, over a maximum time period of the next three (3) years, is requested. For the past six (6) years, the Tidewater Bicycle Association and Mr. Coghill's family have partnered with the Virginia Beach Sports Marketing Department to produce a very unique bicycle event in the City. The Celebration has been held in Virginia Beach on the Second Saturday of May of each year since 2000. For the first three (3) years, Mr. Cognill 's family paid 100% of the cost of the event. For the past three (3) years, the City has assisted Mr. Coghill's family to finance this event. By 2003, this event has become the largest one-day bicycle ride ever held in the State of Virginia. In the past six (6) years approximately $25,000 has been raised for the Jimmy Valvano's Cancer Research Foundation. Mr. Hansen advised for the first time in twenty-six (26) years, the Legislative Trail Ride (including all members of the General Assembly) would take place in the Fort Story and First Landing State Park area. This ride has never been held southeast of Richmond. The horse industry is now the largest agricultural industry in Virginia Beach. Twenty (20) years ago there were no horses within a 'half mile of the Pungo traffic light. Today the number of horses outnumber the residents in downtown Pungo. IMMEDIATE ACTION ITEMS Celebration for Life Signs Increase representation on the Bikeways and Trails Advisory Committee (BTAC) to include communities of Shore Drive and the Oceanfront Allow horseback riding as appropriate in the winter months; supported by neighborhoods and communities (Sandbridge Beach and Princess Anne Commons) Consider additional Capital projects: Nimmo Trail Infill of sidewalks and asphalt trails The primary challenge with which the group is faced is integrating the efforts of the group with already existing projects, particularly those concerning Public Works. FUTURE CHALLENGES Full Funding for Bikeways/Trails Capital Improvement Program Coordination on Critical Areas identified in Bikeways and Trails Plan Norfolk Southern Railroad right-of-way Link between Town Center/Mount Trashmore Shore Drive/Lesner Bridge Kempsville/Witchduck Road February 14, 2006 - 5 - CITY COUNCIL BRIEFING BIKEWAYS AND TRAILS COMMITTEE ITEM # 54899 (Continued) A representative of Public Works has attended the Committee meetings every month to review a project. Mr. Adams believes the Committee needs to coordinate with the road projects and that the new State Policy would assure a good portion of the funding by the Federal Government and the State i.e. where the widening of Princess Anne Road is accomplished, trails would be necessary in this area. The American League of Bicyclists, a National organization of bikers, recognizes cities which have very progressive trails programs. On the East Coast, there are only two (2) cities which have been recognized at the Association's Bronze Level (Kerry, North Carolina and Alexandria, Virginia). To the west, there are approximately twelve (J2) cities recognized at the Gold Level. This Committee needs to urge the Executive Director of the American League of Bicyclists to come to the City and commence dialogue with VDOT re trails. Council Lady Wilson referenced the available Intermodal Surface Transportation Efficiency Act (ISTEA) funding. The State of Virginia receives approximately $16-MILLION in ISTEA funds. Vice Mayor Jones advised there is a major provision in the new Lesner Bridge concept for bikes and walking trails which would connect to the trail of the State Park. Councilman Reeve referenced the possible depletion of the Open Space Funding and suggested a dedicated stream of 2 4 on the tax rate for open space (1 If::4 would be for acquisition and If::4 would be utilized for trail connection projects). Mayor Oberndorf advised many of the developers of Kempsville and other areas were given five (5) years after the completion of the development to install sidewalks. During this time span, the residents established their lawns down to the curb. When the equipment appeared to install sidewalks by digging up the lawns, the neighborhoods rose up in opposition and did not want the lawns disturbed. Thus, many of the developers just waited out the five (5) years. The Ordinances need to be reviewed and the developers need to build the bikeways or sidewalks in the beginning. Mayor Oberndorf complimented Reese F. Lukei, Jr. on his speech at the Central Library, Wednesday, February 15, 2006, at 7:00 P.M, re the Bald Eagles and Osprey in the Lynnhaven Watershed. February 14,2006 - 6 - CITY MANA GER 'S BRIEFING FIRE DEPARTMENT STAFFING AND DEPLOYMENT 2:00 P.M. ITEM # 54900 The City Manager advised the Fire Department Staffing and Deployment Briefing is the second portion of a three-part series of Briefings re the Public Safety departments. The Police Department Briefing was presented January 31, 2006. Emergency Medical Services will present information during the City Council Session of February 28, 2006. Chief Greg Cade, Fire Department, distributed candy to members present in celebration of Valentine's Day. The purpose of the briefing is to educate and update City Council re the Fire Department's ability to meet the current and future service delivery needs of the community. Chief Cade displayed a video clip produced by the International Association of Fire Chiefs. The Video advised the start of an emergency response might be a fire in a home, apartment or school, an accident, injury or medical emergency. It must always be considered a matter of life, when time is not on your side. Last year, there were over 1.7- MILLION fires involving $10. 6-BILLION in property loss, 20,500 injuries, 3,900 civilian deaths and over 19-MILLION medical emergencies in the United States and Canada. The right amount of apparatus, equipment and personnel must be available to simultaneously attack the fire, ventilate the fire, perform "search and rescue" operations and provide for a water supply. The Fire Service has become the all threat responder (the default responder) for most of the natural or manmade problems occurring in society. Chief Cade detailed Virginia Beach Statistics: Fiscal Year Civilian Deaths Civilian Injuries Dollar Amount in Millions 2000-2001 3 58 13,798,836 2001-2002 5 56 14,747,115 2002-2003 1 39 10,900,758 2003-2004 6 54 18,798,353 2004-2005 5 42 9,863,651 TOTALS 20 249 63,049,613 90% of all the fires in Virginia Beach are in residential structures, slightly higher than the national average of 78%. 57% fires are in one or two-family dwellings and 90% of the fire deaths in Virginia Beach were in residential structures. In addition to responses to fire, 61% of the emergency calls are Emergency Medical Service related. The remainder are good intentional calls: service calls, lock-outs, water and smoke removal, citizen complaints, et cetera. The chart reflects a significant increase re annual call volume in the year 2002 to 2003, which is directly attributable to the Department's new "red alert" information system being directly hooked to the Computer Aided Dispatch System. With this direct link, calls are not lost. Chief Cade displayed a map reflecting response to Emergency Response System incidents. The color "purple" represents a greater than 14-minute travel time for an ambulance to arrive on the scene. The right hand side of the "purple" area represents a greater than 8-minute response for a fire truck to arrive on the scene. Because the Fire department is the prime responder to Priority 1 calls, the Emergency Response (ERS) system is working as designed. February 14, 2006 - 7 - C IT Y MANA G E R 'S B R IE FIN G FIRE DEPARTMENT STAFFING AND DEPLOYMENT ITEM # 54900 (Continued) ClP Project Proiected Cost FY - 2007 AVTJropriations to date First LandinI{ Fire Station $ 5,575,432 $ 4,552,000 Thalia Fire Station $ 8,397,646 $ 2,918,400 Chesaveake Beach Fire Station $ 6,109,146 Blackwater Fire Station $ 5,442,992 TOTALS $25,525,216 $ 7,470,400 FY 2006-2011 CAPITAL IMPROVEMENT PROGRAM ITEMS The First Landing Fire Station should go out to bid this month. Construction is anticipated for the Fall with the Station opening in 2007. The other station on the list is the replacement for the Thalia Fire Station. There are other stations which need to be replaced: Chesapeake Beach, Blackwater and Courthouse Fire Stations. The aging fleet will increase maintenance costs. Apparatus life is being decreased by increased call volume and travel time. Five (5) 1984 E-1 Fire Trucks are still being operated. Twelve (J2) years with five (5) years in reserve is considered to be the useful life of a frontline engine. Requested Not Funded Courthouse Fire Station Relocation FEMA Team Storage Building Plaza Station Renovations London Bridge Station Renovations Seatack Station Renovations Green Run Station Renovations Davis Corner Renovations Old Donation Station Renovations Kempsville Fire station Renovation Stumpy Lake Station Renovations Woodstock Fire Station Renovations Relative Fire Response Time, the call processing time relates to the time the 911 Center receives the call, passes the information to the dispatcher and the dispatcher relays the call. The turn out time is the time the Fire Department is notified, prepares the apparatus and departs. The travel time relates to leaving the fire station and arriving at the destination. The national average for "turn out time" and "travel time" (under five (5) minutes) is 61%. The City'sfire response time average is 10 minutes 47 seconds from the time the call is received 'till the first unit arrives on the scene. A minimum of sixteen (I 6) personnel is needed for an initial response. High rise incidents are a low frequency, high risk event. An increase in resources is needed and the policy requires an update to 2nd Alarm, if actually a fire. With heavy apparatus, the time per floor would be approximately thirty (30) seconds. A high rise incident, if requiring a "second alarm ", would involve 32% (total of 6) of the engine companies, 67% (total of 4) of the ladder trucks, both heavy duty Rescue Squads and 50% of the Battalion officers on duty. February 14,2006 - 8 - CITY MANA GER 'S BRIEFING FIRE DEPARTMENT STAFFING AND DEPLOYMENT ITEM # 54900 (Continued) ChiefCade advised, based on the National Fire Protection Association average (1 to 1.5 firefighters per 1,000 population), with Virginia Beach's minimum staffing, the City is 60% below that standard. Chief Cade presented a video produced by the National Institute of Standards and Technology (re-enactment of a fire at 1500 Lotus Drive). Four (4)-person staffing on the apparatus will give the opportunity for the City's Fire Department to improve their performance reducing the fire loss and travel time. The fire stations that are in the planning stages need to be built. When the resources are committed to the Fire Department, the response times can be reduced. The Diamond Springs Fire Station was planned and discussed in 1984. A heavy emphasis has been placed on improvement of the City codes. To meet staffing standards, the Fire Department needs an additional eighty-four (84) personnel equating to $4.6- MILLION or a penny on the real estate tax rate. To combine the Chesapeake Beach and Diamond Springs Fire Station proved not to be efficient. Due to the increased density from planned development, Chief Cade believes the Chesapeake Beach Fire Station should remain and a new Diamond Springs Road Fire Station be built closer to Northhampton Boulevard (near the Burton Station area). Chief Cade advised over 1500 individuals have applied for the new Fire Academy. Approximately 22% identified themselves as minorities. Seven hundred (700) applicants tested for the positions. Two hundred eighty-five (285) passed the test. The final statistics relative racial breakdown has not been received. A fire station at the North End is desired. Traveling from the Fire Station at 17th Street to the North End during the months of April through October, through Pacific Avenue, is almost impossible. Senator George Allen will conduct a Fire Grant Workshop on February 25, 2006. Chief Cade advised the success in pursuing Federal Grants is "5 for 5". February 14, 2006 - 9 - CITY COUNCIL COMMENTS 3:05 P.M. ITEM # 54901 . Mayor Oberndorf referenced correspondence received from Chandler Dennis, President - the Sandbridge Civic League, expressing concern relative the Federal Government eliminating rehabilitation funding for sand. Their Civic League requested Virginia Beach assume a more active role. Councilman Reeve contacted Ms. Dennis who clarified the position of the Sandbridge Civic League. They are very appreciative the Federal Government allocated $3-MILLION in this Fiscal Year's Operating Budget and realized the TIF (Tax Increment Financing) in the Special Tax District has been very successful in assuring the City's portion of the tax replenishment program is doing well. The Civic League is questioning if the City is now going to instigate a replenishment of the 1.5-MILLION cubic yards. The Civic League is in agreement, the City makes up any difference required above and beyond the $3-MILLION to achieve the 1.5-MILLION cubic yard distribution of sand. Councilman Reeve advised they are not asking for replenishment this year, just a commitment from the City to move forward. The Sandbridge Replenishment program was very successful in evading major damage from Hurricane Isabel. A section in middle Sandbridge is a "hot spot" which is eroding to pre-replenishment profile. Dean Block, Director - Public Works, believes the cost would be approximately $9.00 a deposited yard for sand. The City's share would thus be approximately $10. 7-MILLION next year. The $3-MILLION in Federal Funding will not be lost, ifnot used immediately. ITEM # 54902 Council Member Dyer advised a combined Town Hall Meeting for the residents of Kempsville and Centerville, Thursday, February 23,2006, Salem High School, at 7:00 P.M. Councilman Dyer advised concerns will be discussed prior to the City Council Retreat. Councilman Dyer urged participation. ITEM # 54903 Council Lady McClanan requested Deputy City Attorney Macali advise the status of the legislation in the General Assembly re pruning of vegetation around billboards. Deputy City Attorney Macali advised City Council ADOPTED on January 24, 2006: Resolution in OPPOSITION to Senate Bill No. 87 and House Bill No. 665 re permits for the selective pruning of certain vegetation in areas around billboards. (Sponsored by Mayor Meyera E. Oberndoif, Council Lady Reba S. McClanan and Council Lady Rosemary Wilson). The Senate passed the Bill originating in the Senate with some minor beneficial changes. The House Transportation Committee passed the same Bill with the same Amendments (19 to 1). In all certainty, the House of Representatives will pass the Bill. This Bill will be conformed so the two different bills are the same. The changes reflect that instead of the Virginia Department of Transportation issuing permits for tree trimming in streets owned by the City, the City will issue the permits but must abide by the same statutory criteria as the Virginia Department of Transportation. Deputy City Attorney Macali believes the only chance of defeat will be a Veto by the Governor. February 14, 2006 - 10- CITY COUNCIL COMMENTS ITEM # 54903 (Continued) Deputy City Attorney Macali distributed a proposed Resolution: Resolution requesting Governor VETO legislation pending in General Assembly re permits for pruning vegetation re Billboards.(Requested by Mayor Meyera E. Oberndorf, Vice Mayor Louis R. Jones, Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood) Council Lady McClanan shall write a letter in support. The City Attorney advised the General Assembly is discussing not being able to plant materials in the future which might block a Billboard. There are many businesses along streets with signs obscured partially by street landscaping. The City Attorney could envision in the future, business owners requesting the same exception. This could possibly cause interference to the beautifcation programs. This matter shall be ADDED to the City Council Agenda. February 14, 2006 - 11 - ITEM # 54904 Mayor Meyer E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL 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: Advertising Advisory Committee Beaches and Waterways Commission Health Services Advisory Board Human Rights Commission Investment Partnership Advisory Committee - PPEA Meals Tax Task Fore The Planning Council Resort Advisory Commission - RAC Virginia Beach Community Development Corporation (VBCDC) 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 Councilman Schmidt, seconded by Councilman Wood, City Council voted to proceed Into CLOSED SESSION (3:25 P.M.). Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, James 1. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve and Rosemary Wilson (Closed Session: 3:25 P.M. - 5:30 P.M.) Dinner: 5:30 P.M. - 5:56 P.M.) February 14, 2006 - 12 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 14,2006 6:00 P.M. Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEA CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 14, 2006, at 6:00 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, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend David Howard Brook Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. February 14, 2006 - 13 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 54905 Upon motion by Councilman Schmidt, seconded by Councilman Reeve, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14, 2006 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the afIirmative vote recorded in ITEM # 54904, page 11, and in accordance widl 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. ~~~.~ th Hodges Smith, MMC City Clerk February 14, 2006 - 14 - Item V- F.1. MINUTES ITEM #54906 Upon motion by Councilman Dyer, seconded by Councilman Reeve, City Council APPROVED Minutes of the INFORMAL AND FORMAL SESSIONS of February 7, 2006. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14, 2006 - 15 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #54907 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Resolution requesting Governor VETO legislation pending in General Assembly re permits for pruning vegetation re Billboards. (Requested by Mayor Meyera E. Oberndorf, Vice Mayor Louis R. Jones, Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood) February 14, 2006 - 16 - Item V-G.1. ADD-ON ITEM #54908 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADDED to the Consent Agenda as Item I. 4. Resolution requesting Governor VETO legislation pending in General Assembly re permits for pruning vegetation re Billboards. (Requested by Mayor Meyera E. Oberndorf, Vice Mayor Louis R. Jones, Harry E. Diezel, Robert M. Dyer, Reba S. McClanan. Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood) Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14, 2006 - 17 - Item V.L ORDINANCES/RESOLUTION ITEM # 54909 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items la, 2,3, and 4 (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. Oberndoif, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None February 14, 2006 - 18 - Item V,L 1. a. ORDINANCES/RESOLUTION ITEM # 54910 Mary Puryear Butler, 3300 Doncaster Road, Phone: 340-3300, spoke in support of the Volunteer Police, Fire and Rescue Squads as part of the Public Safety Program for the purposes of Workers Compensation. Ms. Butler is a life-member of the NAACP and disagrees with some of the comments concerning the police department and testing required. Patricia Phillips, Director of Finance, advised this Code section deals only with the Volunteers. The State Law requires Volunteers be specifically delineated in order to qualifY for Workers Compensation. Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AMEND the City Code: 92-4 re recognition of Police, Fire and Rescue Squads as part of the Public Safety Program for the purposes of Workers Compensation. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14, 2006 1 AN ORDINANCE TO AMEND ~ 2-4 OF THE CITY CODE 2 PERTAINING TO RECOGNITION OF POLICE, FIRE 3 COMPANIES AND RESCUE SQUADS AS PART OF PUBLIC 4 SAFETY PROGRAM 5 6 SECTION AMENDED: ~ 2-4 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-4 of the City Code 1S hereby amended and 12 reordained, to read as follows: 13 Sec. 2-4. Recog~ition of police, fire companies and rescue squads 14 as part of public safety progragm. 15 16 The following city departments, police agencies and chartered 17 and nonchartered fire companies and rescue squad organizations are 18 recognized and acknowledged to be an integral part of the official 19 public safety program of the City, and i~n gratitude to and in 20 recognition of the valuable and necessary services performed by the 21 volunteer firefighters, volunteer lifesaving or rescue squad 22 members, volunteer law-enforcement chaplains, auxiliary police, 23 volunteer emergency medical technicians, members of volunteer 24 search and rescue organizations, and volunteer members of community 25 emergency response teams, volunteers for the following 26 organizations police, fire companieD and reocue Dquado and the 27 indi'v.idual member3 thereof, both profeooional and -v~olunteer, .v;hich 28 Gervice the city, the follo~ing police agencieo and chartered fire 29 companieD and reDcue 3qliadD are recognized and ac]mo\l1edged to be 30 an integral part of the official public Gafety program of the city, 31 ;J.nd the .v.olunteer memberD of theDe police, and chartered and 1 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 nonchartcred fire companieD and reD cue DquadD, shall be deemed employees for the purposes of the Virginia Workers' Compensation Act: Fire Rescue Squad, Volunteer and Blackwater Department Incorporated. Fire Chesapeake Beach Volunteer and Rescue Department, Incorporated. Creeds Volunteer Fire Department and Rescue Squad, Incorporated. Corner Volunteer Fire Department and Rescue Davis Squad, Incorporated. Green Run Volunteer Fire Company. Kempsville Volunteer Rescue Squad, Incorporated. London Bridge Volunteer Fire Department, Incorporated. Ocean Park Volunteer Fire and Rescue Unit, Incorporated. Oceana Volunteer Fire Department, Incorporated. Plaza Volunteer Fire Company and Rescue Squad, Incorporated. Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, Incorporated. Sandbridge Rescue and Fire, Incorporated. Thalia Volunteer Fire Department, Incorporated. Virginia Beach Auxiliary Police. Virginia Beach Borough Volunteer Fire Department, Incorporated. Virginia Beach Rescue Squad, Incorporated. Virginia Beach Volunteer Law Enforcement Chaplains and Chaplains' Aides. 2 57 Virginia Beach Volunteer Water Rescue Team. 58 City of Virginia Beach, Virginia Beach Department of Emergency 59 Medical Services. 60 Virginia Beach Fire Department. 61 Virginia Beach Office of Volunteer Resources. 62 Adopted by the City Council of the City of Virginia Beach, 63 Virginia, on this 14th day of February, 2006. 3 - 19 - Item v'1.I.b. ORDINANCES/RESOLUTION ITEM # 54911 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND the City Code: 936-172 to increase the taxicab meter drop fee from $1.85 to $2.25 for the first eighth of a mile. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14, 2006 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2 36-172 TO INCREASE THE TAXICAB METER 3 DROP FEE FROM $1.85 TO $2.25 FOR THE 4 FIRST EIGHTH OF A MILE 5 6 SECTION AMENDED: ~ 36-172 7 8 That Section 36-172 of the City Code is hereby amended and 9 reordained, to read as follows: 10 Sec. 36-172. Maximum rates for taxicabs. 11 (a) No person owning, operating, controlling or driving a 12 taxicab wi thin the city shall charge an amount to exceed the 13 following rates of fare: 14 (1) For the first one-eighth of a mile or fraction 15 thereof . ~ 1.85 $2.25 16 (2) For each succeeding one-eighth of a mile or 17 fraction thereof 0.25 18 (3) Trunk charge. 0.50 19 (4) For each minute of waiting time . . 0.25 20 If hired on an hourly basis, the rate of thirteen dollars 21 and eighty cents ($13.80) per hour shall apply. 22 (b) Notwithstanding the proVlslons of this section, 23 taxicabs bringing passengers into this city from without the 24 city shall charge the rates prescribed by the city or county in 25 which they are licensed. 26 (c) Any application for a fare increase under this section 27 shall include justification for such fare lncrease and such 28 financial and operating information as may be requested by the 29 city manager. The city council shall hold a public hearing 30 before acting on any such application for a fare increase, after 31 public notice for at least ten (10) days. 32 Accepted by the Council of the City of Virginia Beach, 33 Virginia on the 14th day of February, 2006. - 20- Item V.L2. ORDINANCES/RESOLUTION ITEM # 54912 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to execute an agreement between the City and the Virginia Housing Development Authority (VHDA) to participate in the Sponsoring Partnerships and Revitalizing Communities (SP ARC) Home Ownership program. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14, 2006 1 2 3 4 5 6 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE VIRGINIA HOUSING DEVELOPMENT AUTHORITY TO PARTICIPATE IN THE SPARC HOME OWNERSHIP PROGRAM 7 WHEREAS, the City of Virginia Beach, through its 8 Department of Housing and Neighborhood Preservation, currently 9 operates several programs to promote home ownership for low and 10 moderate-income persons; 11 WHEREAS, the City desires to continue promoting its 12 goal of home ownership for its citizens with low and moderate- 13 incomes and for its municipal workforce to provide an 14 opportunity to live where they work; 15 WHEREAS, the Virginia Housing Development Authority 16 ("VHDA" ) has reserved funds which can be made available to 17 qualified Virginia Beach low and moderate income citizens and 18 municipal workers through the City's participation in the VHDA's 19 Sponsoring Partnerships and Revitalizing Communities ("SPARC") 20 Home Ownership Program; 21 WHEREAS, the City's participation in the SPARC Home 22 Ownership Program requires the execution of an agreement with 23 the VHDA; and 1 24 25 WHEREAS, the City's Neighborhood Preservation has Department determined of Housing and that the City's 26 participation in the SPARC Home Ownership Program will provide 27 an additional and much needed financing source for affordable 28 first-time home ownership opportunities for its citizens and 29 municipal workers. 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 31 CITY OF VIRGINIA BEACH, VIRGINIA: 32 That the City Manager is hereby authorized to execute 33 an agreement between the City and the Virginia Housing 34 Development Authority ("VHDA") to participate in the operation 35 of the VEDA's Sponsoring Partnerships and Revitalizing 36 Communities ("SPARC") First-Time Home Ownership Program in 37 substantially the same form as attached hereto and with such 38 additional terms and conditions as may be acceptable to the City 39 Manager and the City Attorney. 40 2 40 Adopted by the Council of the City of Virginia Beach, 41 Virginia, on the 14 day of February , 2006. CA-9859 Date February 2, 2006 H,\OID\REAL ESTATE\HNPADMIN\SPARC\SPARC.ORD2006.doc APPROVED AS TO CONTENT: of Housing & ood Preservation LEGAL Cit 3 ~ COpy VIRGINIA HOUSING DEVELOPMENT AUTHORITY SP ARC PROGRAM - Round 5 HOMEOWNERSIllP PROJECT PERMANENT MORTGAGE FINANCING COMMITMENT AGREEMENT THIS AGREEMENT, dated as of this 27th day of January, 2006, is made by and between the VIRIGNIA HOUSING DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (hereinafter referred to as the "Authority") and City of Virginia Beach hereinafter referred to as the "Sponsor"). WIT N E SSE T H: WHEREAS, the Sponsor has applied to the Authority for mortgage loan financing for purchasers of single family dwelling homes (the "Homes") on the property described in the Sponsor's application (the "Application"), which is incorporated herein by reference; and below: WHEREAS, the Authority desires to provide such fmancing subject to the terms and conditions set forth l. Reservation of Funds: Underwriting of Mortgage Loans. Subject to the terms and conditions herein, the Authority hereby agrees to reserve funds in the amount of Three Million Dollars ($3,000,000) to be used to provide mortgage loans under the Authority's SPARC Program. The Sponsor hereby accepts such reservation. The mortgage loans to be financed with the Reserved Funds shall be originated by the Authority's Originating Agents (the "Originating Agents") in accordance with the Authority's Rules and Regulations for Single Family Mortgage Loans to Persons and Families of Low and Moderate Income (the "Rules and Regulations"). In order to be approved for fmancing under this Agreement, each application for a mortgage loan must satisfy and comply with all of the criteria and requirements in the Rules and Regulations and in this Agreement. 2. Reservation Period. Subject to the provisions hereof, the Reserved Funds will be reserved for the Sponsor until June 30, 2007; provided that if any portion of the Reserved Funds are not committed for mortgage loans by June 30, 2007, such portion of the reserved Funds shall no longer be reserved for the Sponsor, except as the Authority may otherwise notify the Sponsor in writing. 3. Rate ofInterest and Term of Mortgage Loans. The interest rate(s) on the mortgage loans to be made from the Reserved Funds will be determined by the Authority at the time funds are reserved for each individual borrower and shall be as follows: $1,500,000 at one half percent (.50%) below the applicable rate for the Authority's tax-exempt bond program. $1,500,000 at one percent (1.0%) below the applicable rate for the Authority's tax-exempt bond program. The term of such mortgage loans shall be thirty (30) years. 4. Location and Completion of Homes. The Homes financed from Reserved Funds shall be of the type and number and shall be located as described in the Application. In the case of Homes to be constructed or rehabilitated by the Sponsor, such Homes shall be constructed or rehabilitated in accordance with this Agreement, the plans and specifications (or, in the case of rehabilitation, such other descriptions of work to be performed on the Homes as shall be acceptable to the Authority), and the minimum property standards of the U.S. Department of Housing and Urban Development. The sales prices (as determined in accordance with the Authority's Rules and Regulations) of the Homes shall not exceed the applicable maximum amounts allowed by the Authority for its tax-exempt bond program. 5. Eligibilitv of Purchasers. All purchasers must meet all the Authority's eligibility and underwriting requirements for its tax-exempt bond program. Notwithstanding anything to the contrary in the Rules and Regulations, all purchasers of Homes financed from Reserved Funds (a) shall not have had a present ownership interest (as defined in the Authority's Rules and Regulations) in his principal residence at any time during the three years preceding the date of execution of the mortgage loan documents and (b) shall have annual gross incomes not in excess of the applicable maximum amount allowed by the Authority for its tax- exempt bond program. Notwithstanding the foregoing, in the event Sponsor has elected in the Application to target persons or households with annual gross income below such limits, Sponsor shall comply with such election. 6. Reduction of Amount of Reserved Funds. Upon thirty (30) days prior written notice to the Sponsor, the Authority may at any time, and from time to time, reduce the amount(s) of the Reserved Funds in the event that the Authority determines that it is (i) unlikely that mortgage loans will be committed by June 30, 2007, (ii) or that the Sponsor has failed to comply with the terms ofthis Agreement. Upon request of the Authority, the Sponsor shall provide such information and records as the Authority may require in order to determine the status of Sponsor's prior and anticipated use of the Reserved Funds. 7. Announcements and Publicity. The Sponsor shall give the Authority reasonable notice of and right to approve in advance all communication to the press or the general public (including, without limitation, press releases, public announcements, advertisements, promotional materials, signage, interviews in newspapers or on television or radio, and promotional and publicity events) by or on behalf of the Sponsor regarding the Homes or the fmancing provided by the Authority pursuant to this Agreement. Such right of approval shall include, but not be limited to, the right to approve the content, appearance, timing, manner of release or distribution, recipients, participants, and location, as applicable, of each such communication. The Sponsor shall give the Authority the opportunity to participate in all releases and distributions of such communication, all interviews in newspapers or on television or radio, and all promotional and publicity events regarding the Homes or such fmancing and shall otherwise coordinate and cooperate with the Authority with respect to all such communication. 8. Authorized Officer(s). The following person(s) is/are authorized, on behalf of the Sponsor, to engage in all transactions and dealings with the Authority under this Agreement: Sharon Prescott. The Authority reserves the right to designate from time to time one or more contacts at the Authority and, if so designated, Sponsor shall direct all communication with the Authority to such contact(s). 9. Designation of Originating Agents. Within 30 days of the date hereof, the Sponsor shall designate one or more Originating Agents who will, and have agreed to, originate the mortgage loans funded pursuant to this Agreement. In the event of failure by the Sponsor to so designate any Originating Agents, the Authority may exercise its rights under Section 6 hereof. During the course of the performance of this Agreement, Sponsor shall immediately notify the Authority of any additions or deletions from the designated list of Originating Agents. In the event that, at any time during the term of this Agreement, no Originating Agent shall be so designated or any and all Originating Agent or Agents so designated shall not be willing to continue to originate mortgage loans hereunder, the Authority may exercise its rights under Section 6 hereof. 10. Confidential Information. The Sponsor shall not, without the prior written approval of the Authority, require any mortgage loan applicant to execute any waiver or consent for the release to the Sponsor of any of such applicant's personal information or any other information or records relating to applicant or the loan application or to execute any other document authorizing the Sponsor to act on behalf of such applicant in connection with the loan application. Sponsor shall at all times respect the privacy of the mortgage loan applicants and shall not improperly interfere in the loan application process. 11. Conflict of Interest Provisions. No board member, officer or employee of Sponsor (or immediate family member of such individual) shall be eligible to receive an allocation of the reserved funds without the prior written approval of the Authority. 12. Miscellaneous. This Agreement constitutes the entire and final agreement between the parties with respect to the Reserved Funds and supersedes all prior negotiations. This Agreement may be amended only in writing signed by both parties. This Agreement shall be constructed in accordance with the laws of the Commonwealth of Virginia. All provisions contained herein are severable and should any provision be held invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. 13. Acceptance of Agreement. This Agreement shall not be effective unless an executed original signed by an authorized officer of Sponsor is returned to the Authority within 30 days from the date hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, by their duly authorized representatives, as of the day and year first above written. (Sponsor) By: Its: Date: IDonald L. Ritenour I Managing Director of Development - 21 - Item V.L3. ORDINANCES/RESOLUTION ITEM # 54913 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE the execution of a Cost Participation Agreement (with the City's share in the amount of $388, 019) between the City and Ocean Properties re the construction of improvements to Elbow Road Extended Phase II at Round Hill Drive in the proposed Hillcrest Landing subdivision. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14,2006 1 2 3 4 5 6 7 8 9 10 11 ORDINANCE AUTHORIZING THE EXECUTION OF A COST PARTICIPATION AGREEMENT BETWEEN THE CITY AND OCEAN PROPERTIES FOR THE CONSTRUCTION OF IMPROVEMENTS TO ELBOW ROAD EXTENDED PHASE II ROAD PROJECT (CIP 2-152) AND HILLCREST LANDING SUBDIVISION WHEREAS, Ocean Properties, L.L.C., a Virginia limited 12 liability company ("Developer"), the developer of the Hillcrest 13 Landing subdivision located along Elbow Road in the City of 14 Virginia Beach, is required to construct a stormwater management 15 facility; 16 WHEREAS, the City is in the process of realigning, improving 17 and extending Elbow Road pursuant to the project known as Elbow 18 Road Extended Phase II Project (CIP 2-152) (the "Road Project"); 19 and 20 WHEREAS, the City has requested that Developer construct the 21 stormwater management facility for Hillcrest Landing (the "SWMF") 22 with larger stormwater management capacity than is necessary to 23 provide stormwater management to Hillcrest Landing; and 24 WHEREAS, the City's requested improvements are outlined on 25 Exhibit A (the "SWMF Improvements"); and 26 WHEREAS, such additional drainage capacity in the SWMF is of 27 value to the City in providing stormwater management for the Road 28 proj ect . 1 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 That the City Manager is hereby authorized to execute a cost 32 participation agreement between the City and Developer for 33 construction of a stormwater management facility in accordance with 34 the Summary of Terms for the Cost Participation Agreement, attached 35 hereto, and containing other terms as are acceptable to the City 36 Manager and approved by the City Attorney. 37 Adopted by the Council of the City of Virginia Beach, 38 Virginia, on the 14 day of Februarv , 2006. CA-9714 F:\Data\ATY\OID\RE\Acq\WORKING-DEEDS\ELBOW\StorrnwaterCostParticipation\HillcrestLandingOrd.doc R-1 1/30/06 Cit14:/};~Y'~iCe CERTIFIED AS TO AVAILABILITY OF FUNDS: r)JANcL ~~ Department of Finance APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 2 SUMMARY OF TERMS ELBOW ROAD EXTENDED PHASE II (CIP 2-152) AND HILLCREST LANDING COST PARTICIPATION AGREEMENT DEVELOPER: Ocean Properties, L.L.C. OWNER: Hillcrest Landing, L.L.C. COST PARTICIPANT: City of Virginia Beach CONSTRUCTION COSTS: Payment by the City to Ocean Properties, L.L.C. in the amount of $388,019.00. All bonds must be posted prior to payment by the City. Payment will be made within thirty days after i) completion ofthe improvements in accordance with the approved plans, ii) acceptance by the City, and iii) submission by Developer of a requisition and invoices for the costs. CHANGE ORDERS: Costs associated with any Change Order will be negotiated at the time of the discovery of an unforeseen condition or at the time of any City initiated request for a change. Change Orders must be in writing and be mutually agreed upon. Change Orders may not exceed the total amount to be paid by the City by more than $97,005 (25% of original) without the advance written approval of City Council. SPECIAL TERMS AND CONDITIONS: Developer is required to post a performance bond, pay the standard inspection fees. Developer will perform all preliminary site work including surveying and stakeout, clearing, grading, etc. necessary for the construction of the project. Developer will construct a 477,836.4 ft3 stormwater management facility allowing the facility to function as a regional basin. Developer will construct all erosion and sediment control features necessary for the proj ect. Once constructed, the City shall have the right to use the facility for Elbow Road Extended Phase II stormwater management. The City shall be responsible for inspecting the improvements and will have the permanent right to maintain flow and reasonable right of access for such inspections and maintenance. Developer, or his successors, shall be responsible for landscape maintenance and bank stabilization. Open space to be dedicated to Homeowners Association -- Proposed Hillcrest Landing ,- ~'~ ,--- , , -:'c~ ' ,,/ #.~/ ,.- /'}.o/' /' /' o v~ ~ Property . dedicated to the City of Virginia Beach Facility Map SCALE: 1" I 150' 150' 0' I 300' Z lJ Cl ~ tt-JNI-2006 w Ptdtodon G WARE NECK DR. fJ" $ " Ji Stumpy Lake () , " ,~ C~o~ ~"h. q..-"~. q' ~.; t'}<i" ~ JOt<>; X~ ~ , " , " (/ o o I 0' SCALE: 1" = 600' I 600' , " , " , " " , " , " Location Map I 1 ,200' , " , Ptatod on t/-JNI-2(X)6 - 22- Item V.I.4 ORDINANCES/RESOLUTION ITEM # 54914 ADD-ON Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution requesting Governor VETO legislation pending in General Assembly re permits for pruning vegetation re Billboards. (Requested by Mayor Meyera E. Oberndorf, Vice Mayor Louis R. Jones, Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14, 2006 REQUESTED BY MAYOR MEYERA E. OBERNDORF, VICE MAYOR LOUIS R. JONES AND COUNCILMEMBERS HARRY E. DIEZEL, ROBERT DYER, RICHARD A. MADDOX, REBA S. MCCLANAN, JIM REEVE, PETER W. SCHMIDT, RON A. VILLANUEVA, ROSEMARY WILSON AND JAMES L. WOOD A RESOLUTION REQUESTING THE GOVERNOR TO VETO LEGISLATION PENDING IN THE GENERAL ASSEMBLY PERTAINING TO PERMITS FOR THE SELECTIVE PRUNING OF CERTAIN VEGETATION WHEREAS, Senate Bill No. 87 and its identical counterpart, House Bill No. 665, were introduced into the 2006 General Assembly Session; and WHEREAS, if enacted, the aforesaid bills would allow the selective pruning or removal of trees and other vegetation that obstructs motorists' view of billboards located on any road within the City that the public uses for purposes of vehicular travel; and WHEREAS, such permits are currently limited to billboards that are visible from interstate highways, National Highway System highways and federal-aid primary highways, as the former federal-aid primary highway system existed on June 1, 1991; and WHEREAS, there are a significant number of billboards wi thin the City that, under existing law, are not wi thin the jurisdiction of VDOT, but that would be made subject to VDOT's jurisdiction if the proposed legislation is enacted; and WHEREAS, the proposed legislation was introduced in reaction to the refusal of the Virginia Department of Transportation (VDOT) to issue a selective pruning permit application filed by Adams Outdoor Advertising (Adams), in which Adams sought to cut down, to a height of four feet, sixty-seven (67) Crepe Myrtles trees, four (4) Zelkova trees and other vegetation located in the median and on the south side of Virginia Beach Boulevard, on the basis that VDOT lacked the authori ty to issue the permit because the portion of Virginia Beach Boulevard on which the trees were located is not an interstate highway, National Highway System highway or federal- aid primary highway, as the former federal-aid primary highway system existed on June 1, 1991; and 1 WHEREAS, the legislation punishes those localities, including the City of Virginia Beach, that have spent money to landscape their roadways, business districts, downtown areas and other important locations in order to create a more attractive environment for economic development and tourism; and WHEREAS, the proposed legislation also provides a strong disincenti ve for localities to landscape such areas so as to improve their appearance and create attractive roadways for the enjoyment of motorists and pedestrians; and WHEREAS, the proposed bills constitute purely special interest legislation, in that they benefit only the outdoor advertising industry to the detriment of the public interest and common good; and WHEREAS, the regulation of signs and billboards, as well as the planting and maintenance of trees and other vegetation on public property, have been traditionally considered matters of local land use traditional left to the discretion and authority of municipal and county governing bodies that are elected by, and directly responsible to, their citizens; and WHEREAS, it is the sense of the City Council that the proposed legislation represents an unwarranted and unnecessary intrusion into a matter that has heretofore been within the regulatory province of localities; and WHEREAS, while there have been substitute versions of each bill introduced into the Senate and the House of Delegates, such substitutes fail to adequately address the legitimate concerns of the City and general public in ensuring that public streets are attractive and that trees and vegetation planted therein are properly protected; and WHEREAS, inasmuch as the Senate has approved Senate Bill No. 87 and the House of Delegates' Committee on Transportation has favorably reported House Bill No. 665, it appears that the legislation will be enacted by the General Assembly; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby expresses its continued opposi tion to Senate Bill No. 87 and House Bill No. 665, in their substituted form, and respectfully requests the Governor 2 to veto such legislation in the event it is enacted by the General Assembly. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Clerk is hereby directed to transmit a certified copy of this Resolution to the Governor. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of February, 2006. 3 - 23 - Item V-J. PLANNING ITEM # 54915 1. ATLANTIC ENTERPRISES, INC. STREET CLOSURE 2. BONNEY G. BRIGHT 3. JON and TAMMY CARLSON 4. HERON RIDGE POPERTIES II, L.L.C. 5. CORPORATE WOODS ASSOCIATES, LLC 6. DOUGLAS W. and V ALIERIE HUMPHREY and ALLAN W. BROCK, JR. 7. PASTOR WARREN E. SINGLETON 8. DESTINY LIFE CENTER 9. SHURGARD 10. CLEAR ZONE Extend the date 90 days (5/23/2006) MODIFICATION and RENEWAL CONDITIONAL USE PERMIT (APPROVED: November 28, 2000) NONCONFORMING USE CONDITIONAL CHANGE OF ZONING VARIANCE CHANGE OF ZONING CONDITIONAL USE PERMIT VARIANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT AMEND 99 501,901, and 1001 of the City Zoning Ordinance (CZO) by prohibiting uses designated as incompatible in the portions of residential, business and industrial zoning districts AMEND and REORDAIN the APZ-1 Use and Acquisition Plan to include these zones within the provisions of the Plan February 14, 2006 - 24- Item V-J. PLANNING ITEM # 54916 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items 1, 3 (DENIAL), 4a/b. (DEFERRED), 5, 6, 7, 8 and 9 of the PLANNING BY CONSENT AGENDA. Item 3 was DENIED, BY CONSENT Item 4 was DEFERRED, BY CONSENT, until the City Council Session of February 28, 2006. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14, 2006 - 25 - Item V-J.!. PLANNING ITEM # 54917 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED the Ordinance upon application of ATLANTIC ENTERPRISES, INC. extending the date ninety (90) days to May 22, 2006, for satisfYing the conditions re discontinuance, closure and abandonment of a portion of a 20-foot Alley, Block 71, at 29 ;0 Street and Pacific Avenue to incorporate this area into adjoining parcels: Ordinance upon application of Atlantic Enterprises, Inc. for the discontinuance, closure and abandonment of a portion of 29 ;0 Street, beginning on the east side of Pacific Avenue and running 136.5 feet in an easterly direction. DISTRICT 6 - BEACH The following conditions were attached to the approval on February 22, 2005: 1. The City Attorney's Office will make the final determination regarding ownership of the underlyingfee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. There is an existing public six-inch (6'') sanitary sewer line within the area proposed for closure. This line does not serve any customers. Public Utilities (at their expense) shall relocate this line, if necessary, and provide a new sanitary sewer lateral at the intersection of Pacific Avenue and 29-;0 to serve the proposed Atlantic Enterprises development. If it is determined that the line should remain in place to serve the new development, a satisfactory easement for the line must be dedicated to the City of Virginia Beach. Atlantic Enterprises shall pay applicable sewer connection fees. 4. A right-of-way dedication for traffic control equipment, satisfactory to the Department of Public Works, at the northwest corner of the property, shall be provided on the final street closure plat. 5. The applicant is required to verifY that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are private utilities for Virginia Natural Gas within the right-of- way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. February 14, 2006 - 26 - Item V-J.1. PLANNING ITEM # 54917 (Continued) 6. Closure of the right-ofway shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1) year (February 21, 2006) of the City Council vote to close the right-ofway, this approval shall be considered null and void. The date has been extended to May 22, 2006. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14,2006 1 2 3 4 AN ORDINANCE EXTENDING THE DATE FOR 5 SATISFYING CONDITIONS IN THE MATTER 6 OF THE CLOSING, VACATING AND 7 DISCONTINUING OF A PORTION OF 29 Y2 8 STREET AS SHOWN ON THAT CERTAIN 9 PLAT ENTITLED "EXHIBIT PLAT SHOWING 10 PORTION OF 20' ALLEY TO BE CLOSED, 11 BLOCK 71, VIRGINIA BEACH DEVELOPMENT 12 COMPANY, MAP NO.3, M.B. 4, PT. 2, P. 266, 13 VIRGINIA BEACH, VIRGINIA" 14 15 16 WHEREAS, on February 22,2005, the Council of the City of Virginia Beach acted 17 upon the application of Atlantic Enterprises, Inc. for the closure of portion of 29 Y2 Street; 18 WHEREAS, on February 22,2005 the Council adopted an Ordinance to close the 19 aforesaid street, subject to certain conditions being met on or before February 21, 2006; 20 and 21 WHEREAS, on February 7,2006, the applicants requested an extension of time to 22 satisfy the conditions attached to the aforesaid street closure. 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That the date for meeting conditions of closure as stated in the Ordinance adopted 26 on February 22,2005, upon application of Atlantic Enterprises, Inc., is extended to May 22, 27 2006. 28 GPINS: 2428-01-6618, 2428-01-5548 and 2428-01-6690 29 Adopted by the Council of the City of Virginia Beach, Virginia, on the ~day of 30 ~~L\~\ , 2006. \ CA-9862 X:IOIDIREAL ESTATElStreet ClosurelAtlantic Enlerptises.CA9255lAtlantic Enterprises.ca9255.0RDext.doc Date: 02/08/06 R1 APPROVED AS TO CONTENT: ~ t,$.b~ Planning De~rnent APPROVED AS TO LEGAL SUFFICIENCY: tutiu q. ttfldkw City Attorney's Office - 27 - Item V-J.2. PLANNING ITEM # 54918 The following speakers registered in SUPPORT: Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth Floor, Phone: 499-8971, represented the applicant. Attorney Bourdon distributed a package (including twenty-two (22) letters of support, petitions signed by 303 residents of Southern Virginia Beach in support, and Attorney Bourdon's correspondence requesting amendment of Condition #17. Said information is hereby made a part of the record. All of the more than 3500 acres is zoned agriculture. Mr. Bonney has never sought a Conditional Use Permit for an alternative rural residential development to build homes in southern Virginia Beach. Mr. Bright employs approximately fifty (50) individuals and his annual payroll approaches $2-MILLION Over 90% of the sand in his borrow pit is delivered to sites in Virginia Beach. In the early 1970 's, Mr. Bright purchased the sand pit from Telford Williams, which has grown to be the Bonney Bright Borrow Pit. The pit has been expanded to slightly under seventy (70) acres. On November 28,2000, City Council approved an expansion of the Borrow Pit. Attorney Bourdon advised last year, monitoring wells had been placed in service. Bonney Bright does not pump water offsite, but recharges the aquifer by putting all the water back on the 500 acre farm. In 17 years, there have been no well failures and no salt water intrusion. The maximum depth of the proposed expansion shall not exceed an elevation of -32.0 feet from elevation 0.00. Charla Baucom, 1188 Kempsville Road, Phone: 461-1349: family owns properties on the east side of Princess Anne Road and on the other side across the pit. Laurie Simpson, 1601 North Muddy Creek Road, Phone: 721-6106, resident of Pungo for 45 years. Ginger Sykes, 3261 Carolina Road, Phone: 421-2239: has commuted on Princess Anne Road and Blackwater for the last fifteen (15) years. John A. Baum, 6465 Crags Causeway, Phone: 421-2652, former Councilman and resident of Blackwater. If this operation is discontinued, sand will come from Moyock on Hungarian Road, a much narrower road than Princess Anne Road. Don Horsley, 3169 Land of Promise Road, Phone: 421-3625, resident of Blackwater, member of Agricultural Advisory Commission andformer member of the Planning Commission. Mr. Horsley requested City staff review the Agricultural ordinance re clarification of agricultural vehicles. Wes Gardner, 6520 Knotts Island Road, Phone: 721-3477: travels these roads to the oceanfront twice a day and does not have a problem with Mr. Bright's trucks. The following speaker expressed concerns: Barbara H. Humphries, 115 Martin Lane, Knotts Island Road, Phone: (252) 429-3241, spoke on behalf of her father, Robert Halstead, who lives right across the street from the Bright Borrow Pit, and her husband and herself, who reside I mile south of the Pit. Mrs. Humphries advised the Pit will continue to have some adverse impact on their property and the surrounding environment, which includes Back Bay. Mrs. Humphries was in support of extendingfor one vear onlv, the existing Conditional Use Permit and with the conditions recommended by the Planning Department. Mrs. Humphries requested the City officially oppose Mr. Bright's proposal to open a new sand mine at an adjacent site across the North Carolina Line. February 14, 2006 - 28 - Item V-J.2. PLANNING ITEM # 54918 (Continued) The following speakers registered in OPPOSITION: Carol Cocke, 416 Princess Anne Road, Phone: 721-6560, resident of Creeds and mother of school-aged Children: registered on behalf of her husband, herself and Susan Davis, concerned re the inadequate roadway being utilized as a major truck route from the Bonney Bright Pit. There are 15 blind corners from the inersection of Princess Anne Road to Pungo Ferry Road, heading south to the Pit. Ms. Cocke presented a petition in Oppositon, a map depicting the location of the Borrow Pits and the substandard road, and information relative the Rural Roads Improvements Project in 1989. Said information is hereby made a part of the record. There are fourteen (14) competitive Borrow Pits in this area Nelllie Carroll Leonardson, 345 Princess Anne Road, Phone: 426-1405, resident of one of the "blind" corners. Mrs. Leonardson has a business in Pungo and travels Princess Anne everyday. The road is too narrow for a truck and school bus to pass each other safely. Attorney John Richardson, 2101 Parks Avenue, represented Ogden Reid, owner of the Flyaway Club, on the other side of the North Carolina Line, fronting on Back Bay. Mr. Reid's concern is the water table and he is appreciative of staff's work to address those concerns with the installation of the wells and the monitoring. Phil Skorupa, Inspector - Commonwealth of Virginia- Department of Mines, Minerals and Energy. Councilman Schmidt had requested Mr. Skorupa's attendance. The flow of the water is regulated by the Ground Water Control Permit. The Department of Mines, Minerals and Energy has regulations that govern the protection of the ground water. In the Discharge Permit, Mr. Bright is allowed to discharge water from the Mine Permit onto his farm property. The water flows into a series of irrigation ditches on his farm property. None of the water flows into the main waterway at Princess Anne Road. There is a gate at Princess Anne Road that must remain shut, so it does not go into any other major waterway. To his knowledge, Mr. Bright has the Department of Environmental Quality Discharge Permit. At this time, the post-mine land use of this property is to be a lake. The site is permitted with the State of Virginia and has been permitted with the Commonwealth of Virginia since1991. The Conditional Use Permit is also a part of the permit. Officer Lourenco, Supervisor - Motor Carrier Safety Unit, which patrols the roads and inspects the Trucks, advised in 2005, there were forty-six (46) inspections in the Princess Anne Road section and only two (2) of them were Bonney Bright's trucks. A MOTION was made by Councilman Reeve, seconded by Council Lady Wilson to ADOPT an Ordinance upon application of BONNEY G. BRIGHT for Modification and Renewal of a Conditional Use Permit for a borrow pit expansion as conditioned with the maximum number of truck trips generated by the borrow pit shall be 75 per day. Councilman Reeve requested City staff study road improvements to Princess Anne Road February 14, 2006 - 29- Item V-J.2. PLANNING ITEM # 54918 (Continued) Upon SUBSTITUTE MOTION by Councilman Schmidt, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of BONNEY G. BRIGHT for Modification and Renewal of a Conditional Use Permit for a borrow pit expansion: ORDINANCE UPON APPLICATION OF BONNEY G. BRIGHT FOR MODIFICATION AND RENEWAL OF A CONDITIONAL USE PERMIT FOR A BORROW PIT EXPANSION R020634142 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Bonney G. Bright for Modification and Renewal of a Conditional Use Permit for a borrow pit expansion approved by City Council on November 28, 2000. The property is located on the east side of Princess Anne Road, 2,172 feet south of the intersection with Pocahontas Club Road.(GPIN 23176213270000; 23177232590000; 23176125200000) DISTRICT 7 -PRINCESS ANNE The following conditions shall be required: 1. No excavation or restoration of the borrow pit expansion shall be allowed without first obtaining any necessary permits from the appropriate Federal, State and Local agencies, required as a result of the expansion of the existing borrow pit operation. In addition, the applicant shall obtain a Non-Metallic Mineral Mining General Permit from the Department of Environmental Quality for the proposed expansion. 2. No excavation or restoration of the borrow pit shall commence until such time that a site plan has been reviewed and approved by the Development Services Center. The site plan must include a specific street and highway contingency plan that addresses the repair and replacement of any damaged roadway surfaces associated with the borrow pit operation. The site plan shall also detail the truck-watering schedule currently utilizedfor the abatement of dust generated by this application. 3. The limits of excavation in the southeast corner of the site, as shown on the site plan dated April 20, 2000, by Gallup Surveyors and Engineers and on file in the Planning Department, must be modified to remove the cemetery site from the excavation area and provide at least a 100-foot buffer from the cemetery limits to the edge of the excavation area. The site plan submitted to the Development Services Center must show the cemetery site, new limits of excavation and permanent fencing to identi.fj; and protect the cemetery site. All other limits of excavation shown on the plan dated April 20, 2000, must be adhered to. 4. The site plan submitted to the Development Services Center must indicate the sequence of construction for maintaining 3: 1 side slopes on the borrow pit, as shown in the "typical cross section" on the site plan dated April 20, 2000, within 60 days after excavation is complete. 5. The maximum depth of the proposed expansion shall not exceed an elevation of -32.0 feet from elevation 0.00. 6. No access to or from Pocahontas Club Road will be allowed for the borrow pit operation. 7. Renewal of the conditional use permit is required after a five (5) period. February 14,2006 - 30 - Item V-J.2. PLANNING ITEM # 54918 (Continued) 8. Operating hours shall be 7:00 AM to 7:00 PM, Monday through Saturday. No Sunday operating hours shall be permitted. 9. No encroachments into existing easements will be allowed. Access to drainage easements must be provided by the applicant over all outfall systems within this site. 10. No encroachment into natural drainage channels will be allowed. 11. Dewatering of the pit will be allowed and the following are required: a. A dewatering settlement basin shall be constructed to capture sediment before discharge. b. A permit from the Virginia Water Control Board is required to discharge any water from dewatering into a state waterway. c. Pumps for dewatering shall operate only between the hours of 7:00 AM and 7:00 PM Monday through Saturday. No pumps shall operate on Sundays. d. The operator of the borrow pit shall be responsible for continuous water service for the private wells up to 1,000 feet and those within 2,500 feet if proved to be affected by this operation. 12. The existing buffer of pine trees along Princess Anne Road must remain undisturbed. 13. Undrained pockets and stagnant pools resulting from surface drainage shall be sprayed in accordance with requirements of the State Board of Health to eliminate breeding places for mosquitoes and other insects. 14. A double row of Loblolly and Virginia Pine trees, at least 2 -3 years old at planting, and an under story row of wax myrtle shrubs, is required to be planted along a three (3) foot high berm along the Pocahontas Club Road frontage for screening and buffering. 15. On an annual basis, the amount of excavated material removed from the pit shall be consistent with the amount reported to the "Virginia Department of Mines, Minerals, and Energy" for the year 2000. A copy of the 2000 year end report and all future quarterly reports shall be submitted to the Zoning Administrator to ensure compliance with this condition. 16. Applicant shall, at his expense, establish monitoring wells, between two (2) to four (4) in number (to be determined by the Water Resources Manager) at such locations as may be determined by the Water Resources Manager, for the purpose of monitoring any salt water intrusion which may occur as a result of the applicant's operation. Testing shall be performed at each such well a minimum offour (4) times per year if deemed necessary by the Water Resources Manager. Results shall be provided to the Water Resources Manager. If, in the judgment of the Water Resources Manager, such results indicate that salt water intrusion is occurring to such extent that private drinking water wells are threatened with salt water intrusion, the applicant shall cease dewatering of the borrow pit at the cost of the borrow pit operator. 17. The maximum amount of sand which can be transported from the borrow pit during the twelve (12) month period, commencing on March 1,2006, andfor each successive twelve (12) month period thereafter, shall not exceed 600,000 cubic yards. February 14, 2006 - 31 - Item V-J.2. PLANNING ITEM # 54918 (Continued) 18. The operator shall install a left turn lane on Princess Anne Road into the borrow pit entrance. Additional right-of-way may need to be dedicated by the applicant to accommodate the turn lane. In addition, the entrance shall be paved and the pavement shall extend fifty (50) feet back from the property line and then graveled an additional fifty (50) feet. The entrance plan shall be reviewed and approved by Traffic Engineering. 19. All trucks and equipment used in conjunction with the borrow pit operation must be stored, repaired and fueled on the borrow pit site or on property zoned for such use. 20. For the first year following this approval, the applicant shall provide quarterly reports from the test wells to include nitrate readings. The reports shall be submitted to the Zoning Administrator for review by the Water Resources Manager. Following the first year, frequency of the reports shall be determined by the Water Resources Manager. Required frequency shall not exceed four (4) reports per year. 21. Approval is for a one-year period. If all conditions have been met, the conditional use permit may be extended an additional four (4) years. 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 Fourteenth of February, Two Thousand Six Voting: 7-3 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan, Richard A. Maddox and Jim Reeve Council Members Abstaining: Vice Mayor Louis R. Jones Council Members Absent: None Vice Mayor Jones DISCLOSED and ABSTAINED on the application of Bonney G. Bright for the modification and renewal of a Conditional Use Permit. Vice 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. The applicant, Bonney G. Bright, has a business relationship with Resource Bank. Vice Mayor Jones disclosed this interest and ABSTAINED from discussion and vote on this item. February 14, 2006 - 32 - Item V-J.3. PLANNING ITEM # 54919 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DENIED the application of JON and TAMMY CARLSON for the enlanzement of a Nonconforming Use re demolition of an existing garage apartment and construction of a single-family dwelling at 304 C 2th Street: Resolution authorizing the Change to a Nonconforming Use for the demolition of an existing garage apartment and construction of a single- family dwelling on property located at 304-C 27th Street (GPIN # 24280056200000). Said parcel contains 4,547 square feet. DISTRICT 6- BEACH Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None February 14, 2006 - 33 - Item V-J.4. PLANNING ITEM # 54920 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of February 28, 2006, Ordinances upon application of HERON RIDGE PROPERTIES II, L.L.e. for a Conditional Change of Zoning and Variance to j4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance: ORDINANCE UPON APPLICATION OF HERON RIDGE PROPERTIES IL L.L.C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL R-20 Ordinance upon Application of Heron Ridge Properties IL L.L. C for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural District to Conditional R-20 Residential District on property located at 2817 Seaboard Road (GPINs 24036750380000; 24036647250000). The Comprehensive Plan designates this site as being within the Princess Anne Transition Area, suitable for cluster housing using creative planning and development techniques. The purpose of this rezoning is to develop singlejamily homes. DISTRICT 7 - PRINCESS ANNE AND, Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Heron Ridge Properties II, L.L.C for property located at 2817 Seaboard Road (GPINs 24036750380000;24036647250000). DISTRICT 7 - PRINCESS ANNE Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14, 2006 - 34 - Item V-J. 5. PLANNING ITEM # 54921 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of CORPORA TE WOODS ASSOCIA TES LLC for a Change of Zoning: ORDINANCE UPON APPLICATION OF CORPORATE WOODS ASSOCIATES LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-I TO 0-2 Z02061240 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Corporate Woods Associates LLC for a Change of Zoning District Classification from I-I Light Industrial District to 0-2 Office District on property located at 5040 Corporate Woods Drive (GPIN 14678196750000). The Comprehensive Plan designates this site as being within Strategic Growth Area #4, Bonney Road West Corridor, suitable for mixed use development including office, business, hotel, institutional and a mix of residential types. The purpose of this rezoning is to correct a zoning boundary line and provide uniform zoning for the property. (GPIN 14678196750000). DISTRICT 2- KEMPSVILLE 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 Fourteenth of February, Two Thousand Six Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14, 2006 - 35 - Item V-J. 6. PLANNING ITEM # 54922 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinances upon application of DOUGLAS W. & VALERIE HUMPHREY AND ALLAN W. BROCK, JR. for a Conditional Use Permit for alternative residential development and a Variance to ~4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO): ORDINANCE UPON APPLICATION OF DOUGLAS W & VALERIE HUMPHREY AND ALLAN W BROCK, JR. FOR A CONDITIONAL USE PERMIT FOR ALTERNATIVE RESIDENTIAL DEVELOPMENT R020634143 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Douglas W & Valerie Humphrey and Allan W Brock, Jr. for a Conditional Use Permit for alternative residential development on property located at 6428 and 6432 Knotts Island Road (GPINs 23379109210000; 23379201180000). DISTRICT 7 - PRINCESS ANNE Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Douglas W & Valerie Humphrey and Allan W Brock, Jr. Property is located at 6428 and 6432 Knotts Island Road (GPINs 23379109210000; 23379201180000). DISTRICT7-PRINCESSANNE The following conditions shall be required: 1. The applicants shall submit to the City of Virginia Beach Planning Department a subdivision plat depicting the new lot width for Parcel A and the new lot areas for Parcels A and B. There shall be no develovment on the sites until the new plats are reviewed and recorded. 2. The applicants shall submit to the Director of Planning of the City of Virginia Beach elevations of proposed single-family dwellings. The proposed design of the dwellings shall be in accordance with the Comprehensive Plan recommendations in Chapter 6, Rural Residential Development Guidelines. There shall be no building permits issued until the elevations are reviewed and approved. These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of February, Two Thousand Six February 14, 2006 - 36 - Item V-J. 6. PLANNING ITEM # 54922 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14, 2006 - 37 - Item V-J. 7. PLANNING ITEM # 54923 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of PASTOR WARREN E. SINGLETON (Abounding Grace Assembly) for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF PASTOR WARREN E. SINGLETON (ABOUNDING GRACE ASEMBLY) FOR A CONDITONAL USE PERMIT RE A CHURCH R020634144 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Pastor Warren E. Singleton (Abounding Grace Assembly) for a Conditional Use Permit for a church on property located at 5040 Corporate Woods Drive (GPIN ]4678]96750000). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: ]. The use permit shall be administratively reviewed on an annual basis. 2. The church shall only occupy the portions of the office building indicated on the plans submitted to the Planning Department as part of the Conditional Use Permit application. 3. Church services shall only be conducted on Sundays and after 6:00 P.M. on all other days. An office for the church may be operated during traditional business hours. 4. A Certificate of Occupancy shall be obtained from the Planning Department prior to the church commencing operation. This Ordinance shall be effective in accordance with Section] 07 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of February, Two Thousand Six Voting: ] ] -0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. OberndorJ, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14, 2006 - 38 - Item V-J.8. PLANNING ITEM # 54924 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of DESTINY LIFE CENTER for a Conditional Use Permit re a church: ORDINANCE UPON APPLICATION OF DESTINY LIFE CENTER FOR A CONDITIONAL USE PERMIT FOR A CHURCH R020634145 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Destiny Life Center for a Conditional Use Permit for a church on property located at 4554 Virginia Beach Boulevard, Suite 201 (GPIN 14775644360000). DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. The use permit shall be administratively reviewed on an annual basis. 2. Church services shall only occupy Theater # 2, as indicated in the Conditional Use Permit application. 3. Church services shall only be conducted on Sundays between 9:00 A.M. and 12:00 P.M. (noon). 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 Fourteenth of February, Two Thousand Six Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14, 2006 - 39 - Item V-J. 9. PLANNING ITEM # 54925 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of SHURGARD for a Conditional Use Permit re mini-warehouses: ORDINANCE UPON APPLICATION OF SHURGARD FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES R020634146 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Shurgard for a Conditional Use Permit for mini-warehouses on property located at 3201 Holland Road (GPIN 14950696840000). DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. The expansion of the selfstorage facility shall substantially adhere to the site plan titled "Shurgard of Holland Road" that has been exhibited to City Council and is on file in the Department of Planning. 2. The covered loading area encroaches into a public drainage easement. Approval of the encroachment must be obtained from the Department of Public Works in order to construct this improvement as shown. 3. Foundation landscaping will be requiredfor all of the proposed and existing buildings along Buckner Boulevard. 4. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. 5. The storage units shall be used only for storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings or any other purpose not consistent with the storage of goods. 6. No barbed wire, razor wire or any other fencing devices shall be installed on the roof or walls of the building or on the fence surrounding the property. 7. The expansion shall substantially adhere to the renderings entitled "Shurgard of Holland Road, "dated 11-7-05. 8. Fencingfacing Holland Road, or the Future Buckner Boulevard Extension, shall be wrought- iron style. 9. Any new freestanding sign shall be monument style, not to exceed eight (8) feet in height, and s hall be constructed of materials matching the exterior of the building. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of February, Two Thousand Six February 14, 2006 - 40- Item V-J. 9. PLANNING ITEM # 54925 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14, 2006 - 41 - Item V-J.10. PLANNING ITEM # 54926 Marc Kucharczk, 2217 Potters Road, Phone: 340-2420, spoke in opposition Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinances re the CLEAR ZONE: AMEND 99501,901, and 1001 of the City Zoning Ordinance (CZO) by prohibiting uses designated as incompatible in the portions of residential, business and industrial zoning districts AMEND and REORDAIN the APZ-l Use and Acquisition Plan to include these zones within the provisions of the Plan Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14,2006 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO AMEND SECTIONS SOl, 901 AND 1001 OF THE CITY ZONING ORDINANCE BY PROHIBITING USES DESIGNATED AS INCOMPATIBLE IN THE PORTIONS OF RESIDENTIAL, BUSINESS AND INDUSTRIAL ZONING DISTRICTS WITHIN THE CLEAR ZONE Sections Amended: CZO ~~ SOl, 901 and 1001 10 WHEREAS, the public necessity, convenlence, general welfare 11 and good zoning practice so require; 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 13 OF VIRGINIA BEACH: 14 That Sections SOl, 901 and 1001 of the City zoning Ordinance 15 are hereby amended and reordained, to read as follows: 16 17 Sec. 501. Use regulations [Residential Districts]. 18 19 20 21 22 (c) Special restrictions in Accident Potential Zone 1 (APZ- 23 1). No use or structure shall be permitted on any property located 24 within Accident Potential Zone 1 (APZ-1) or the Clear Zone unless 25 such use is designated as Compatible in APZ-1 or the Clear Zone, as 26 the case may be, in Table 2 ("Air Installations Compatible Use 27 Zones Land Use Compatibility ln Accident Potential Zones") of 28 Section 1804; provided, however, that any use or structure not 29 designated as Compatible shall be permitted as a replacement of the 30 same use or structure if the replacement use or structure is of 31 equal or lesser density or intensity than the original use or 1 32 structure. 33 34 Sec. 901. Use Regulations [Business Districts]. 35 36 37 (a) Principal and conditional uses. The following chart lists 38 those uses permitted within the B-1 through B-4C Business 39 Districts. Those uses and structures in the respective business 40 districts shall be permitted as either principal uses indicated by 41 a "P" or as conditional uses indicated by a "C." Uses and 42 structures indicated by an "X" shall be prohibited J..n the 43 respective districts. No uses or structures other than as specified 44 shall be permitted. 45 46 (c) Special restrictions in Accident Potential Zone 1 (APZ-l). 47 No use or structure shall be permitted on any property located 48 within Accident Potential Zone 1 (APZ-1) or the Clear Zone unless 49 such use is designated as Compatible in APZ-1 or the Clear Zone, as 50 the case may be, in Table 2 ("Air Installations Compatible Use 51 Zones Land Use Compatibility J..n Accident Potential Zones") of 52 Section 1804; provided, however, that any use or structure not 53 designated as Compatible shall be permitted as a replacement of the 54 same use or structure if the replacement use or structure is of 55 equal or lesser density or intensity than the original use or 56 structure. 57 58 59 60 2 61 Sec. 1001. Use regulations [Industrial Districts]. 62 63 64 65 (c) Special restrictions in Accident Potential Zone 1 (APZ-l). 66 No use or structure shall be permitted on any property located 67 within Accident Potential Zone 1 (APZ-1) or the Clear Zone unless 68 such use is designated as Compatible in APZ-1 or the Clear Zone, as 69 the case may be, in Table 2 ("Air Installations Compatible Use 70 Zones Land Use Compatibility J..n Accident Potential Zones") of 71 Section 1804; provided, however, that any use or structure not 72 designated as Compatible shall be permitted as a replacement of the 73 same use or structure if the replacement use or structure is of 74 equal or lesser density or intensity than the original use or 75 structure. 76 77 78 79 80 Adopted by the City Council of the City of Virginia Beach, 81 Virginia, on this 14th day of February, 2006. 3 1 2 3 4 5 6 7 8 AN ORDINANCE TO AMEND AND REORDAIN THE APZ-1 USE AND ACQUISITION PLAN BY INCLUDING CLEAR ZONES WITHIN THE PROVISIONS OF THE PLAN WHEREAS, on December 20, 2005, the City Council 9 adopted Ordinance No. 2914K as a plan for compliance with 10 the decision of the Base Realignment and Closure (BRAC) 11 Commission's decision regarding Naval Air Station Oceana; 12 and 13 WHEREAS, one of the components of the said plan 14 consists of Ordinance No. 2907 (the "APZ-1 Ordinance"), 15 which establishes restrictions upon certain development in 16 Accident Potential Zone 1 (APZ-1); and 17 WHEREAS, another of the components of the said 18 compliance plan consists of the APZ-1 Use and Acquisition 19 Plan, dated December 14, 2005, pursuant to which the City, 20 in the interest of fair treatment of affected property 21 owners, has established categories of property within APZ-1 22 and will offer to purchase property within certain of those 23 categories; and 24 WHEREAS, on this day the City Council has amended the 25 APZ-1 Ordinance so as to place the identical restrictions 26 contained therein upon development in Clear Zones; and 27 WHEREAS, the City Council is of the opinion that the 28 owners of property in Clear Zones should be provided the 29 same opportunities as the owners of property in APZ-1 equal 30 treatment in light of the fact the restrictions upon 31 development in Clear Zones are identical to those applying 32 in APZ-1; 33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 34 THE CITY OF VIRGINIA BEACH, VIRGINIA: 35 That the APZ-1 Use and Acquisition Plan, dated 36 December 14, 2005, is hereby amended and reordained, as the 37 "APZ-1/Clear Zone Use And Acquisition Plan," by the 38 addition of the underlined portions and the deletion of the 3 9 stricken portions shown on that certain document entitled 40 "APZ-1/CLEAR ZONE USE AND ACQUISITION PLAN," dated February 41 14, 2006, such document being attached hereto and made a 42 part hereof. 43 44 Adopted by the Council of the City of Virginia Beach . 45 on the 14 day of Februarv , 2006. 46 47 CA-99fO 8 48 OID\ordres\clearzoneacquispolicyordin.doc 49 February 2, 2006 50 R-1 51 52 2 53 54 55 56 57 58 Approved as to Legal Sufficiency: I~ / / / 3 CITY OF VIRGINIA BEACH February 14, 2006 APZ-1/CLEAR ZONE USE AND ACQUISITION PLAN Overview The APZ-l Ordinance (adopted December 20, 2005 and revised to include Clear Zones) amended the City Zoning Ordinance to prohibit all uses in APZ-l and Clear Zones that are incompatible with OPNA V Instruction 1l01O.36B (December 19, 2002) (the "OPNA V Instruction"). The APZ-l Ordinance renders existing uses non-conforming but not incompatible, and requires all new development or redevelopment to be consistent with the OPNA V Instruction. As an exception, the Ordinance allows incompatible uses or structures as a replacement of the same use or structure ifthe replacement use or structure is of equal or lesser density or intensity than the original use or structure. Where application ofthe APZ-1 Ordinance leaves property without a reasonable use, this APZ-lIClear Zone Use and Acquisition Plan is intended to direct reuse, rezoning, or purchase of those properties. The Plan The Use and Acquisition Plan is illustrated in the following chart entitled "APZ-lIClear Zone Use and Acquisition Plan." ONRESIDENTIAL Developed I ndeveloped mSIDENTIAL ] leveloped I' ndeveloped APZ-l/Clear Zone Use and Acquisition Plan Develop with compatible use Owner's choice. Already developed use is "not incompatible" and can remain, or owner can redevelop with a different compatible use. Yes. Owner can initiate development to a compatible use. Every nonresidential zoning category allows some compatible & reasonable use. Not applicable because the property is already developed. Existing uses are "not incompatible" so no action is needed. No. There is no compatible use without rezoning! CUP. Rezone or grant conditional use permit ("CUP") for compatible use Owner's choice. Owner can initiate application for new compatible use. City will not initiate rezoning because owner has existing use and other allowable, compatible reasonable uses. Yes. Owner can initiate application for compatible use. City need not initiate rezoning because owner may seek approval for some compatible & reasonable use. Yes. On case-by-case basis. Owner can initiate rezoning. Yes. On case-by-case basis; depends on size, location and intended use of parcel. Either owner or City can initiate rezoning. 2 Voluntary acquisition No. Generally, owner has development options for reasonable use, and City need not No. Existing use is "not incompatible," thus City need not Eminent domain No. Owner has development options for compatible and reasonable use. City need not acquire. No. Owner has development options for compatible and reasonable use. City need not acquire. No. Existing use is "not incompatible," thus City need not acquire. How each category of property will be affected: The following is a description of how each category of property will be treated under the Plan. NONRESIDENTIALICOMMERCIAL - DEVELOPED . Retain Existing Use or Develop Consistent with the OPNA V Instruction Developed Nonresidential/Commercial property within APZ-l and Clear Zones would have some reasonable use under the new zoning rules. Owners of such property could retain their existing use, and they would also have other allowable compatible uses. Therefore, the owners of such property could keep their existing use or redevelop the property in any manner consistent with the OPNA V Instruction and the APZ-l Ordinance, as amended. Such development might require a rezoning or conditional use permit, which would be evaluated on a case-by-case basis. . V oluntary Acquisition Available The City would be willing to purchase Developed Nonresidential/ Commercial property within APZ-1 and Clear Zones that are adversely affected by the APZ-l Ordinance. Only voluntary sales would be permitted. Eminent domain would not be available for such acquisitions. NONRESIDENTIALICOMMERCIAL - UNDEVELOPED . Develop Consistent with the OPNA V Instruction Most undeveloped Nonresidential/Commercial property within APZ-l and Clear Zones would have some reasonable use under the APZ-l Ordinance. Therefore, the owners of such property could develop the property in any manner consistent with the OPNA V Instruction and the new APZ-l Ordinance, as amended. Such development might require a rezoning or conditional use permit, which would be individually evaluated on the merits of each case. . V oluntarv Acquisition Generally Unavailable Because most such properties will be left with some reasonable use, the City will not acquire them. If a property is deprived of all reasonable use, then the City will acquire it. 3 RESIDENTIAL - DEVELOPED . Existing Dwellings Will Remain Residential developed property would be considered to be a preexisting use and would be allowed to remain. Under the APZ-l Ordinance, as amended, the property may be replaced, repaired, reconstructed, or otherwise improved, so long as the density is not increased. . Redevelopment to Compatible Use, Case-By-Case If the owner of residential developed property wanted to rezone the property or seek a conditional use permit to a traditionally compatible use such as industrial, such redirected uses would be welcomed, so long as the fit was right with the neighborhood. These redevelopments would be handled on a case-by-case basis and would be initiated by the owner. . Dwellings Will Not Be Acquired Eminent domain would not be available for developed residential properties under any circumstances. Dwellings generally will not be acquired by voluntary purchase; however, voluntary acquisition will be available in the limited circumstances of "Qualifying Duplex Properties" as that term is defined on Page 6. RESIDENTIAL - UNDEVELOPED . Rezone/Conditional Use Permit (CUP), If Appropriate After the APZ-1 Ordinance went into effect, some undeveloped residential properties will be left with no reasonable compatible use. Such property could be rezoned or issued a conditional use permit on a case-by-case basis, but certain properties might not be suitable for any nonresidential use. The City would first evaluate whether a rezoning or conditional use permit would be appropriate. . Acquire By Agreement or Condemnation If there are no suitable nonresidential uses, the City would acquire the property because the owner would be left without any reasonable use of its property. Either voluntary purchase or eminent domain would be available. If the City were unable to reach an agreement as to value with the owner, the City could condemn the property. 4 QUALIFYING DUPLEX PROPERTIES . V oluntarv Acquisition Available The City would be willing to purchase "Qualifying Duplex Properties" within APZ-l and Clear Zones, as defined and described on Page 6. Eminent domain would not be available for such acquisitions. Acquisition Rules. Voluntary Acquisitions. Affected Prooerty: Property located wholly or partially within APZ-l and/or Clear Zones that is ( a) undeveloped property which is currently zoned for residential use, or (b) developed commercial property. For the Voluntary Purchase Program for Qualifying Duplex Properties in APZ-1 and Clear Zones, see Page 6. Owner-initiated sales onlv for nonresidential oropertv. Developed commercial property will be acquired only ifthe owner ofthe property initiates the sale. Fee Simple or Development Rif!hts/Easements To Be Acquired. The City might acquire either fee simple title, restrictive easements or development rights. In certain cases (for example large lots) the City might want to acquire the land in fee so that the property could be acquired and put to some compatible use. In other cases (for example small infilllots in residential neighborhoods where the owner owns an adjacent, developed lot) the City might want to acquire only development rights. The City would add as a condition to its acquisition of only the development rights that the adjacent owner must resubdivide the property to remove lot lines and create one larger lot. In other words, the City would avoid buying in fee small lots in neighborhoods where it is possible to pay only for the development rights and have the adjacent owner fold the property into his existing use. The object is to avoid City-owned vacant lots that would be difficult to maintain and could adversely affect the neighborhood. The goal would be for the City and the owner to work together to find a solution that compensates the owner and makes the most sense in the context ofthe neighborhood. City to Pav Market Value Without Regard to APZ-l Ordinance for Undevelooed Residential Land. Owners of residential property (undeveloped 5 residentialland) will be paid market value based on sales of similar properties that are not within APZ-l and Clear Zones, so there is no "blight" on the value of their property. The property will be valued as if the APZ-1 Ordinance's prohibition against new residential development does not apply. City to Pav Market Value for Commercial Properties. Owners who sell their commercial property to the City will be paid based on fair market value, with consideration given for the limitations and provisions of the APZ-l Ordinance and the AICUZ Overlay Ordinance. Voluntary Purchase Program for Qualifying Duplex Properties in APZ-l and Clear Zones 1. Application. This program applies only to properties that meet the following criteria ("Qualifying Duplex Properties"): a. Located in APZ-1 and/or Clear Zone; b. Currently improved with a single-family home; and c. Duplex use was legally and physically possible before the adoption ofthe APZ-1 Ordinance (zoning district allowed "by-right" duplex development; physical features made duplex use a reasonable option; and there were no title restrictions preventing duplex use). 2. Voluntarv Purchase Program. a. Fee Simple/Total Purchase only. The City will purchase, by voluntary agreement, the lot and all improvements from the owner. b. Valuation. As compensation, the City will pay the market value ofthe property and improvements at their highest and best use at the time of sale (i.e., higher of value as single-family residence or duplex) as if the APZ-1 Ordinance's prohibition against new residential development does not apply. c. Appraisal. The City will pay for an appraisal ofthe property, after the City and the owner have agreed on an appraiser. 3. City's Options after Purchase. After purchase of a Qualifying Duplex Property, the City shall rezone the property or otherwise eliminate the potential for duplex development, and do any of the following to be determined on a case-by-case basis: a. Sell the house and lot to a third party as excess property for continued use as a single-family home; b. Lease the house and property to a third party for residential use; c. Demolish the improvements and sell the lot to adjacent landowners; or d. Rezone the property, if appropriate, to a nonresidential zoning classification and sell or lease the property for new development compatible with the OPNA V Instruction. 6 Ifthe City decides to proceed under part 3a or 3b above, it is the City's intent to cause noise attenuation measures to be performed on the single-family home, prior to occupancy. Involuntary Acquisitions/Eminent Domain Affected Propertv. Eminent domain will only be used to acquire undeveloped property zoned for residential use, only ifthe property has no other reasonable use and only after efforts to voluntarily purchase the property have failed. State lef!islation needed. State enabling legislation will be needed before condemnation can be used. The City has requested state legislation that gives the City the power to condemn, and condemnation will only be allowed for the following circumstances: . Only for undeveloped property zoned for residential use. . Only where property is deprived of all reasonable use. . Only where development rights have not vested. . Only for property wholly or partially within APZ-1 and Clear Zones. . Only after all efforts to reach a voluntary sale have been unsuccessful. . Only so long as acquisition is needed to protect NAS Oceana as a Master Jet Base. Rights to be Acquired. Either development rights or fee simple rights would be acquired, depending on the particular circumstances of each property. Where the owner owns developed adjacent property, acquiring development rights only will be favored. Citv to Pav Full Fair Market Value. Where eminent domain is authorized, Owners will be paid fair market value based on sales of similar properties that are not within APZ-l or Clear Zones. The property will be valued as ifthe APZ-l Ordinance does not apply. Plan is Flexible The preceding guidelines shall be followed in implementing the APZ-l/Clear Zone Use and Acquisition Plan, except where circumstances dictate other options particular to a specific property. In such cases, the City will consider other options only when (i) the proposed option is consistent with the intent to stop development incompatible with the OPNA V Instruction; (ii) the proposed option "rolls back" existing non-conforming uses by eliminating the use or reducing the density or intensity of the use; or (iii) no other reasonable, compatible use for the property is allowed; provided, that the option, in the judgment of City Council, does not have an unduly adverse impact on adjacent properties. 7 Other possible options: The City Manager is directed to continue the consideration and development of other methods of converting uses in APZ-1 and Clear Zones that do not conform to the OPNA V Instruction to uses compatible with the OPNA V Instruction. Such other options shall have the effect of accomplishing the intent ofthe APZ-l Ordinance and the APZ-lIClear Zone Use and Acquisition Plan and reducing uses not conforming with the OPNA V Instruction within APZ-1 and Clear Zones whenever reasonable and feasible. Options considered shall include, but not be limited to, assemblage of property for redevelopment, the use of Economic Development Incentive Program funds and the use of zoning and land use incentives. Implementation instructions: I. Notification This Plan is effective as of December 20, 2005. This Plan amendment to include Clear Zones is effective upon adoption. Thereafter, the City staff shall, within sixty (60) days, identify all property within Clear Zones and notify the property owners by certified letter of the APZ-1 Ordinance, the classifications of property under the APZ-lIClear Zone Use and Acquisition Plan, and provide the owners with a copy of the APZ-lIClear Zone Use and Acquisition Plan. II. Purchase Beginning January 1, 2006, property owners desiring to sell their property consistent with the provisions ofthe APZ-1/Clear Zone Use and Acquisition Plan shall notify the City Manager by letter. Letters received shall be date-stamped and priority of purchase shall be by date received, earliest to latest, except that (1) properties left without a reasonable use shall be given first priority; and (2) City Council may elevate the priority of property owners who suffer a demonstrated hardship if an expedited sale would ameliorate such hardship. Purchases of eligible property shall be made in such order, upon approval ofthe City Council, to the extent that funds are available each fiscal year. Annual Report The City Manager shall report annually to the City Council on the status of all uses not conforming with the OPNA V Instruction within APZ-l and Clear Zones. The format ofthe report shall include an inventory of property within each classification under the APZ-lIClear Zone Use and Acquisition Plan. Funding: The City Manager is directed each fiscal year to include in the City's annual budget funds for the 8 purpose of acquiring properties within APZ-l and Clear Zones designated for acquisition under the APZ-l/Clear Zone Use and Acquisition Plan in the amount of Fifteen Million Dollars ($15,000,000.00) or such greater amount as circumstances may warrant. Any proceeds the City receives from selling or leasing properties acquired under this APZ-lIC1ear Zone Use and Acquisition Plan shall be deposited into the APZ-1/Clear Zone acquisition fund. If in any fiscal year there remains an amount available after the purchase of properties within APZ-l and Clear Zones, such funds shall be used to purchase properties to be acquired in the Interfacility Traffic Area for purposes other than the Southeastern Parkway and Greenbelt Project. Plan Administration The City Manager may promulgate rules, regulations and policies consistent with the APZ-lIC1ear Zone Use and Acquisition Plan to further the efficient implementation and administration of this Plan. F:\Data\ATY\OID\REAL ESTATE\Assorted Projects\BRAC\APZ-1 Clear Zone Use & Acq Plan 2-l4-D6.doc 9 CITY OF VIRGINIA BEACH December 20, 2005 Februarv 14. 2006 APZ 1 APZ-1/CLEAR ZONE USE AND ACQUISITION PLAN Overview The APZ-1 Ordinance afllt!Hds{adonted December 20. 2005 and revised to include Clear Zones) amended the City Zoning Ordinance to prohibit all uses in APZ-1 and Clear Zones that are incompatible with OPNA V Instruction 1l010.36B (December 19, 2002) (the "OPNA V Instruction"). The ~ Ordinance renders existing uses non-conforming but not incompatible, and requires all new development or redevelopment to be consistent with the OPNA V Instruction. As an exception, the Ordinance allows incompatible uses or structures as a replacement of the same use or structure if the replacement use or structure is of equal or lesser density or intensity than the original use or structure. Where application of the APZ-I Ordinance leaves property without a reasonable use, this APZ-l/C1ear Zone Use and Acquisition Plan is intended to direct reuse, rezoning, or purchase of those properties. The Plan The Use and Acquisition Plan is illustrated in the following chart entitled "APZ-l/Clear Zone Use and Acquisition Plan." APZ-l/Clear Zone Use and Acquisition Plan ONRESIDENTIAL D('veloped Undeveloped J..ESIDENTIAL n eveloped Undeveloped Develop with compatible use Owner's choice. Already developed use is "not incompatible" and can remain, or owner can redevelop with a different compatible use. Yes. Owner can initiate development to a compatible use. Every nonresidential zoning category allows some compatible & reasonable use. Not applicable because the property is already developed. Existing uses are "not incompatible" so no action is needed. No. There is no compatible use without rezoning/ CUP. Rezone or grant conditional use permit ("CUP") for compatible use Owner's choice. Owner can initiate application for new compatible use. City will not initiate rezoning because owner has existing use and other allowable, compatible reasonable uses. Yes. Owner can initiate application for compatible use. City need not initiate rezoning because owner may seek approval for some compatible & reasonable use. Yes. On case-by-case basis. Owner can initiate rezoning. Yes. On case-by-case basis; depends on size, location and intended use of parcel. Either owner or City can initiate rezoning. 2 Voluntary acquisition No. Existing use is "not incompatible," thus City need not ac uire. Eminent domain No. Owner has development options for compatible and reasonable use. City need not acquire. No. Owner has development options for compatible and reasonable use. City need not acqUire. No. Existing use is "not incompatible," thus City need not acquire. How each category of property will be affected: The following is a description of how each category of property will be treated under the Plan. NONRESIDENTIAL/COMMERCIAL - DEVELOPED Retain Existing Use or Develop Consistent with the OPNA V Instruction Developed NonresidentiaVCommercial property within APZ-l and Clear Zones would have some reasonable use under the new zoning rules. Owners of such property could retain their existing use, and they would also have other allowable compatible uses. Therefore, the owners of such property could keep their existing use or redevelop the property in any manner consistent with the OPNA V Instruction and the new APZ-l Ordinance. as amended. Such development might require a rezoning or conditional use permit, which would be evaluated on a case-by-case basis. Voluntary Acquisition Available The City would be willing to purchase Developed NonresidentiaV Commercial property within APZ-l and Clear Zones that are adversely affected by the APZ-1 Ordinance. Only voluntary sales would be permitted. Eminent domain would not be available for such acquisitions. NONRESIDENTIAL/COMMERCIAL - UNDEVELOPED Develop Consistent with the OPNA V Instruction Most undeveloped NonresidentiaVCommercial property within APZ-I and Clear Zones would have some reasonable use under the APZ-I Ordinance. Therefore, the owners of such property could develop the property in any manner consistent with the OPNA V Instruction and the new APZ-l Ordinance. as amended. Such development might require a rezoning or conditional use permit, which would be individually evaluated on the merits of each case. Voluntary Acquisition Generally Unavailable Because most such properties will be left with some reasonable use, the City will not acquire them. If a property is deprived of all reasonable use, then the City will acquire it. 3 RESIDENTIAL - DEVELOPED Existing Dwellings Will Remain Residential developed property would be considered to be a preexisting use and would be allowed to remain. Under the APZ-l Ordinance, as amended. the property may be replaced, repaired, reconstructed, or otherwise improved, so long as the density is not increased. Redevelopment to Compatible Use. Case-By-Case If the owner of residential developed property wanted to rezone the property or seek a conditional use permit to a traditionally compatible use such as industrial, such redirected uses would be welcomed, so long as the fit was right with the neighborhood. These redevelopments would be handled on a case-by-case basis and would be initiated by the owner. Dwellings Will Not Be Acquired Eminent domain would not be available for developed residential properties under any circumstances. Dwellings generally will not be acquired by voluntary purchase; however, voluntary acquisition will be available in the limited circumstances of "Qualifying Duplex Properties" as that term is defined on Page 6. RESIDENTIAL - UNDEVELOPED Rezone/Conditional Use Permit (CUP). If Appropriate After the APZ-l Ordinance goes into effect, there will be ao eORlpatible use available f-er property zoaed residential went into effect. some undeveloned residential DroDerties will be left with no reasonable comDatible use. Such property could be rezoned or issued a conditional use permit on a case-by-case basis, but certain properties might not be suitable for any nonresidential use. The City would first evaluate whether a rezoning or conditional use permit would be appropriate. Acquire By Agreement or Condemnation If there are no suitable nonresidential uses, the City would acquire the property because the owner would be left without any reasonable use of its property. Either voluntary purchase or eminent domain would be available. If the City were unable to reach an agreement as to value with the owner, the City could condemn the property. QUALIFYING DUPLEX PROPERTIES V oluutary Acquisition Available The City would be willing to purchase "Qualifying Duplex Properties" within APZ-l .and Clear Zones, as defmed and described on Page 6. Eminent domain would not be available for such acquisition acauisitions. Acquisition Rules. 4 Voluntary Acquisitions. Affected Proverty: Property located wholly or partially within APZ-1 and/or Clear Zones. that is (a) undeveloped property which is currently zoned for residential use, or (b) developed commercial property. For the Voluntary Purchase Program for Qualifying Duplex Properties in APZ-1 and Clear Zones, see Page 6. Owner-initiated sales only for nonresidential vrovertv. Developed commercial property will be acquired only if the owner of the property initiates the sale. Fee Simple or Develovment Rif!hts/Easements To Be Acquired. The City might acquire either fee simple title, restrictive easements or development rights. In certain cases (for example large lots) the City might want to acquire the land in fee so that the property could be acquired and put to some compatible use. In other cases (for example small infill lots in residential neighborhoods where the owner owns an adjacent, developed lot) the City might want to acquire only development rights. The City would eOB.sider adding add as a condition to its acquisition of only the development rights that the adjacent owner wOl:lld be reqt:lired to must resubdivide the property to remove lot lines and create one larger lot. In other words, the City would avoid buying in fee small lots in neighborhoods where it is possible to pay only for the development rights and have the adjacent owner fold the property into his existing use. The object is to avoid City-owned vacant lots that would be difficult to maintain and could adversely affect the neighborhood. The goal would be for the City and the owner to work together to find a solution that compensates the owner and makes the most sense in the context of the neighborhood. Citv to Pay Market Value Without Ref!ard to APZ-I Ordinance for Undeveloped Residential Land. Owners of residential property (undeveloped residential land) will be paid market value based on sales of similar properties that are not within APZ-1 and Clear Zones, so there is no "blight" on the value of their property. The property will be valued as if the APZ-1 Ordinance's prohibition against new residential development does not apply. Citv to Pay Market Value for Commercial Proverties. Owners who sell their commercial property to the City will be paid based on fair market value, with consideration given for the limitations and provisions of the APZ-1 Ordinance and the AICUZ Overlay Ordinance. Voluntary Purchase Program/or Qualifying Duplex Properties in APZ-I and Clear Zones 1. Avvlication. This program applies only to properties that meet the following criteria ("Qualifying Duplex Properties"): a. Located in APZ-1 and/or Clear Zone; b. Currently improved with a single-family home; and c. Duplex use was legally and physically possible before the adoption of the APZ-l Ordinance (zoning district allowed "by-right" duplex development; physical features made duplex use a reasonable option; and there were no title restrictions preventing duplex use). 2. Voluntary Purchase Prof!ram. a. Fee Simple/Total Purchase only. The City will purchase, by voluntary agreement, the lot and all improvements from the owner. b. Valuation. As compensation, the City will pay the market value of the property and improvements at their highest and best use at the time of sale (i.e., higher of value as single-family residence or duplex) as if the APZ-1 5 Ordinance's prohibition against new residential development does not apply. c. Appraisal. The City will pay for an appraisal of the property, after the City and the owner have agreed on an appraiser. 3. City's Ovtions after Purchase. After purchase of a Qualifying Duplex Property, the City shall rezone the property or otherwise eliminate the potential for duplex development, and do any of the following to be determined on a case-by-case basis: a. Sell the house and lot to a third party as excess property for continued use as a single-family home; b. Lease the house and property to a third party for residential use; c. Demolish the improvements and sell the lot to adjacent landowners; or d. Rezone the property, if appropriate, to a nomesidential zoning classification and sell or lease the property for new development compatible with the OPNA V Instruction. If the City decides to proceed under part 3a or 3b above, it is the City's intent to cause noise attenuation measures to be performed on the single-family home, prior to occupancy. Involuntary Acquisitions/Eminent Domain Affected Provertv. Eminent domain will only be used to acquire undeveloped property zoned for residential use, only if the property has no other reasonable use and only after efforts to voluntarily purchase the property have failed. State legislation needed. State enabling legislation will be needed before condemnation can be used. The City will reqeest has reouested state legislation that gives the City the power to condemn, and condemnation will only be allowed for the following circumstances: Only for undeveloped property zoned for residential use. Only where property is deprived of all reasonable use. Only where development rights have not vested. Only for property wholly or partially within APZ-I and Clear Zones. Only after all efforts to reach a voluntary sale have been unsuccessful. Only so long as acquisition is needed to protect NAS Oceana as a Master Jet Base. Rif!hts to be Acauired. Either development rights or fee simple rights would be acquired, depending on the particular circumstances of each property. Where the owner owns developed adjacent property, acquiring development rights only will be favored. City to Pay Full Fair Market Value. Where eminent domain is authorized, Owners will be paid fair market value based on sales of similar properties that are not within APZ-l or Clear Zm1es. The property will be valued as if the APZ-1 Ordinance does not apply. Plan is Flexible The preceding guidelines shall be followed in implementing the APZ-l/Clear Zone Use and Acquisition Plan, except where circumstances dictate other options particular to a specific property. In such cases, the City will consider other options only when (i) the proposed option is consistent with the intent to stop development incompatible with the OPNA V Instruction; (ii) the proposed option "rolls back" existing non-conforming uses by eliminating the use or reducing the density or intensity of the use; or (iii) no other reasonable, compatible use for the property is allowed; provided, that the option, in the judgment of City Council, does not have an unduly adverse 6 impact on adjacent properties. Other possible options: The City Manager is directed to continue the consideration and development of other methods of converting uses in APZ-1 and Clear Zones that do not conform to the OPNA V Instruction to uses compatible with the OPNA V Instruction. Such other options shall have the effect of accomplishing the intent of the APZ-1 Ordinance and the APZ-lIClear Zone Use and Acquisition Plan and reducing uses not conforming with the OPNA V Instruction within APZ-1 and Clear Zones whenever reasonable and feasible. Options considered shall include, but not be limited to, assemblage of property for redevelopment, the use of Economic Development Incentive Program funds and the use of zoning and land use incentives. Implementation instructions: I. Notification This Plan shall take eff-eet is effective as of December 20. 2005. This Plan amendment to include Clear Zones is effective upon adoption. Thereafter, the City staff shall, within sixty (60) days, identify all property within APb-l- Clear Zones and notify the property ewBef IDY.neJ:S. by certified letter of the APZ-1 Ordinance, the classifieatioR classifications of the property under the APZ-lIClear Zone Use and Acquisition Plan, and provide the ewBef IDY.neJ:S. with a copy of the APZ-lIClear Zone Use and Acquisition Plan. II. Purchase Beginning January 1,2006, property owners desiring to sell their property consistent with the provisions of the APZ-lIClear Zone Use and Acquisition Plan shall notify the City Manager by letter. Letters received shall be date-stamped and priority of purchase shall be by date received, earliest to latest, except that (1) properties left without a reasonable use shall be given first priority; and (2) City Council may elevate the priority of property owners who suffer a demonstrated hardship if an expedited sale would ameliorate such hardship. Purchases of eligible property shall be made in such order, upon approval of the City Council, to the extent that funds are available each fiscal year. Annual Report The City Manager shall report annually to the City Council on the status of all uses not conforming with the OPNA V Instruction within APZ-1 and Clear Zones. The format of the report shall include an inventory of property within each classification under the APZ-t/Clear Zone Use and Acquisition Plan. Fundin2 The City Manager is directed each fiscal year to include in the City's annual budget funds for the purpose of acquiring properties within APZ-1 and Clear Zones designated for acquisition under the APZ-lIClear Zone Use and Acquisition Plan in the amount of Fifteen Million Dollars ($15,000,000.00) or such greater amount as circumstances may warrant. Any proceeds the City receives from selling or leasing properties acquired under this APZ-+ lIClear Zone Use and Acquisition Plan shall be deposited into the APZ--l- lIClear Zone acquisition fund. If in any fiscal year there remains an amount available after the purchase of properties within APZ-1 and Clear Z2n.es, such funds shall be used to purchase properties to be acquired in the Interfacility Traffic Area for purposes other than the Southeastern Parkway and Greenbelt Project. 7 Plan Administration The City Manager may promulgate rules, regulations and policies consistent with the APZ-lIClear Zone Use and Acquisition Plan to further the efficient implementation and administration of this Plan. F:\Data\ATY\OID\REAL ESTATE\Assorted Projects\BRAC\AeElllisition Plan BRA,C Resjlonse 1229 95.8oe APZ-l Clear Zone Use & Aco Plan 2-14"'()6.doc This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between - original document : F:\DATA\ATY\OID\REAL ESTATE\ASSORTED PROJECTS\BRAC\ACQUlSITION PLAN BRAC RESPONSE 12-20- 05.DOC and revised document: F:\DATA\ATY\OID\REAL ESTATE\ASSORTED PROJECTS\BRAC\APZ-I CLEAR ZONE USE & ACQ PLAN 2-14- 06.DOC CompareRite found 50 change(s) in the text Deletions appear as Overstrike text Additions appear as Bold+Dbl Underline text 8 - 42- Item V-K.1. APPOINTMENTS ITEM # 54927 BY CONSENSUS, City Council RESCHEDULED: BEACHES and WATERWAYS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA MEAL TAX TASKFORCE RESORT ADVISORY COMMISSION (RAC) February 14, 2006 - 43 - Item V-K.2. APPOINTMENTS ITEM # 54928 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Betsy Atkinson-Atkinson Realty B.J. Henley-Baumann-Rockefeller's Restaurant Verne Burlage, General Manager-Quality Inn Oceanfront Richard A. Maddox, City Council Beach District No. 6 Donna Mitchel, Vice President SaleslMarketing-Tidewater Hotels & Resorts Nancy B. Perry, Executive Director-Virginia Beach Convention and Visitors Bureau James B. Ricketts, Director- Virginia Beach Convention and Visitors Bureau Chris Savvides- Virginia Beach Restaurant Association Ken Taylor-Virginia Beach HotellMotel Association John Uhrin, Director of Operations-Burlage Management Ron A. Villanueva, City Council-At Large Harvey H. Shiflet II, DDS, owner - Virginia Beach Resort Conference Center Michael Standing, President- Virginia Beach Restaurant Association Art Webb-BCF Advertising Consultants ADVERTISING ADVISORY COMMITTEE - no terms Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14, 2006 - 44- Item V-K.3. APPOINTMENTS ITEM # 54928 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Suzanne S. Love Ronald J. Wyles 3-year terms 4/1/06-3/31/09 HEALTH SERVICES ADVISORY BOARD Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14, 2006 - 45 - Item V-K.4. APPOINTMENTS ITEM # 54929 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Rosemary Wilson I-year term 4/1/06-3/31/07 THE PLANNING COUNCIL Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14,2006 - 46- Item V-K.5. APPOINTMENTS ITEM # 54930 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Robert N. "Skip" Templaton II 4 year term 2//1/06-12/31/09 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORAITON (VBCDC) Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14, 2006 - 47- Item V-M.l. NEW BUSINESS ITEM # 54931 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council CANCELLED: City Council Regular Session May 2, 2006 (Councilmanic Election) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14, 2006 - 48- Item V-No ADJOURNMENT ITEM # 54932 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:15 P.M. a~--~L~~_~-- Beverly 0. Hooks, CMC Chief Deputy City Clerk Cj;;;:6~ ~ City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia February 14, 2006