APRIL 25, 2006 MINUTES
CITY OF VIRGINIA BEACH
A COMMUNITY FOR A LIFETIME
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. DlEZEL Kempsville - District 2
ROBERT M. DYER, Centerville - District I
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W SCHMIDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L WOOD, Lynnhaven -District 5
CITY COUNCIL
CITY COUNCIL AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E-MAIL: Ctycncl@vbgov.com
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LE~LIE L. LILLEY
CiTY CLERK - RUTH HODGES SMITH, MMC
25 April 2006
I.
BUDGET WORKSHOP
Conference Room
2:00 PM
1. 2006-2007 RESOURCE MANAGEMENT PLAN
a. Virginia Beach City Public Schools
b. Public Libraries
II.
CITY MANAGER'S BRIEFING
Conference Room
3:30 PM
1. PUBLIC INFORMATION AND MARKETING ENHANCEMENT
Gwen Cowart, Director, Communications and Information Technology
Diane Roche, Assistant to the City Manager for Media and Communications
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA ITEMS
V. INFORMAL SESSION
Conference Room
4:30PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
Council Chamber
6:00PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Captain Monica Johnson
Chaplain, First Landing Chapel, Fort Story
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
April 11, 2006
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARING
1. Tax Rate on Real Property for FY2006
I. PUBLIC COMMENT
1. Tax Rate on Personal Property, Machinery and Tools for Calendar Year 2006
2. FY2006-2007 RESOURCE MANAGEMENT PLAN (Operating Budget)
3. FY 2006-2010 Capital Budget (CIP)
1. CONSENT AGENDA
K. RESOLUTION/ORDINANCES
1. Resolution re the location and major design features re Princess Anne Road/Kempsville Road
intersection improvements and Witch duck Road Phase 1 transportation projects.
2. Ordinance to TRANSFER $1,400,000 within the Capital Improvement Budget (CIP) from Fire
and Rescue Station - Thalia to Fire and Rescue Station - First Landing re increased construction
costs.
3. Ordinance to AUTHORIZE the City Manager to execute all necessary documents to acquire
45.835 acres ofland at 3180 New Bridge Road and APPROPRIATE $1,925,070 from Open
Space Acquisition
L. PLANNING
1. Application ofRADHAKRISHNA RENUKUNT A and KA VITHI VURIMINDI for a Chanf!e
ofZoninf! District Classification from AG-1 Agricultural to Conditional R-10 at Chestnut Oak
Way (DISTRICT 7 - PRINCESS ANNE)
DEFERRED
STAFF RECOMMENDATION:
PLANNING COMMISSION RECOMMENDATION:
APRIL 11,2006
ALLOW INDEFINITE DEFERRAL
APPROVAL
2. Applications of HERON RIDGE PROPERTIES II, L.L.C. at 2817 Seaboard Road
(DISTRICT 7 - PRINCESS ANNE)
a. Chanf!e ofZoninf! District Classification from AG-1 and AG-2 Agricultural to
Conditional R-15 Residential 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)
DEFERRED: Application for R-20
ST AFF RECOMMENDATION: Rezoning
Variance
PLANNING COMMISSION RECOMMENDATION:
FEBRUARY 14 & 28, 2006
APPROVAL
ALLOW WITHDRAWAL
APPROVAL
3. Application of EVERGREEN VIRGINIA, L.L.C., CHECKERED FLAG MOTOR CAR
CO., INC. and STEPHEN M. SNYDER, CO-MANAGER re a storage lot for an adjoining
motor vehicle sales and repair facility at 270 Clearfield Avenue (DISTRICT 2-
KEMPSVILLE)
a. Chanf!e ofZoninf! from R-7.5 Residential to Conditional B-2 Community Business
b. Modification of Conditions (approved on March 8, 2005 and October 23,2001) re
incorporating existing property into newly rezoned lot with accessory parking
RECOMMENDATION:
APPROVAL
4. Application of WILLIAM FOX for a Conditional Use Permit for a facility of an outdoor
nature (paintball park) at 2968 Holland Road (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
5. Application of29 OCEAN, L.L.C. for a Chanf!e ofZoninf! from RT-3 Resort Tourist, A-36
Apartment and A-12 Apartment to Conditional RT-3 Resort Tourist with a Laskin Road
Gateway Overlay at Arctic Avenue and 29th Street (DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
M. APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
MEAL TAX TASKFORCE
MINORITY BUSINESS COUNCIL
OCEANA LAND USE CONFORMITY COMMITTEE
P ARKS AND RECREATION COMMISSION
SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA
SPORTS AUTHORITY OF HAMPTON ROADS
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
***********
Agenda 4/25/06 St
www.vbgov.com
MAY 2, 2006 CITY COUNCIL SESSIONS
CANCELLED RE
COUNCILMANIC ELECTION
2006 BUDGET SCHEDULE
April 25 (Workshop)
April 25 (Public Hearing)
May 3 (Reconciliation Workshop)
May 9 (City Council Action)
Council Conference Room
Council Chamber at 6:00 p.m.
Council Conference Room at 3:00 p.m.
Council Chamber
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
25 April 2006
Mayor Meyera E. Oberndorf called to order the 2006-2007 RESOURCE MANAGEMENT PLAN
WORKSHOP re Virginia Beach City Schools in the City Council Conference Room, City Hall, on
Tuesday, April 25, 2006, 2006 at 2:00 P.M.
Council Members Present:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndmf, Peter W Schmidt,
Rosemary Wilson and James L. Wood
Council Members Absent:
Robert M Dyer
[Ill with Flu]
Jim Reeve
[Entered: 2:40 P.M.]
Ron A. Villanueva
[Entered: 2: 10 P.M]
April 25, 2006
- 2 -
BUDGET WORKSHOP
2006-2007 RESOURCE MANAGEMENT PLAN
Virginia Beach City Public Schools
2:00 P.M.
ITEM # 551285
The City Manager welcomed Chairman Daniel Edwards - Virginia Beach City Public Schools.
Chairman Edwards was pleased to be joined by Virginia Beach School Board Members: Jane S. Brooks
and Carolyn D. Weems. Chairman Edwards introduced the presenters of the Virginia Beach City Public
Schools proposed Biennial 2006-2007 Operating Budget.
Dr. Sheila Magula
Superintendent
Victoria Lucente
Chief Financial Officer
Anthony Arnold
Construction Management Director
John S. Kalocay
Assistant Superintendent
Administrative Support Services
The School Board and School Administration have worked diligently over the past few months to prepare
a 2006/07-2007/08 Biennial Operating Budget and Six-year Capital Improvement Program (CIP) that
will sustain the admirable momentum this School District has enjoyed in recent years. Virginia Beach
Public Schools has provided an extraordinary return on the current and previous investments. One
hundred percent (100%) of the schools are fully accredited. The Virginia Beach City Public Schools was
designated Adequate Yearly Progress District (AYPD) as defined by the "No Child Left Behind" Act.
The National rating agency, Standard and Poors, has designated Virginia Beach Schools as an "out-
performing School District ", which means for Districts Virginia Beach's size, with similar demographics,
the City exceeds far above the average. Virginia Beach City Public Schools has received the Gold
Medallion for Performance Excellence from the us. Senate Productivity and Quality Awards Program.
While Virginia Beach City Public Schools has prided itself on being ahead of the curve, they are "behind
the curve" without full day kindergarten. The proposed Budget allows for commencement of a full day
kindergarten. National research underscores the effectiveness of this type of early childhood education,
especially those who come from economically disadvantaged families. The Proposed 2006/07 Operating
Budget will lower class sizes at Grades 4 and 5, initiate programs that will help close the achievement
gap and provide greater academic choices for students.
Relative Special Education services, the Operating Budget includes an additional six (6) Teachers and
twenty-one (21) Teacher Assistants. The inclusion program is designed to help ensure that students with
disabilities have access to and make progress in content instruction at the level and depth comparable to
that of regular education students. It is anticipated that inclusive practices will help close the
achievement gaps not only for students with disabilities but for other students as well. There are ten (10)
academies in the School system that provides unique opportunities for students. Additional years at
existing Academies are encompassed in the Budget. Additional high school security personnel and a
transportation initiative re bus transportation safety is also included.
April 25, 2006
- 3 -
BUDGET WORKSHOP
2006-2007 RESOURCE MANAGEMENT PLAN
Virginia Beach City Public Schools
ITEM # 55128 (Continued)
Employee compensation is the largest portion of the Operating Budget. This year's School Division is
faced with a unique challenge in this area. A recent compensation study concluded salaries of Virginia
Beach teachers are highly competitive. However with regard to teacher pay, this is not an issue to meet
some market standard, but an issue of trying to achieve internal equity caused by the existence of two (2)
separate scales for teachers. The existence of the two (2) scales has created a compression issue, which
must be dealt with this year. The compensation study also revealed two important findings re our non-
instructional employees. The salaries of these employees are far below marked based standards. School
Bus Drivers are as much as eleven percent (11 %) below market. A significant portion of the non-
instructional staff i.e. clerical, custodial, technical support are scheduled and working fewer than forty
(40) hours per week, which Virginia Beach City Schools is seeking to improve. In order to achieve
parity, the School Board intends to adopt a 40-hour work week standard for the aforementioned
positions.
Relative the Capital Improvement Program, the total $657-MILLION over a 6-year period is a well
designed strategic plan for the physical Improvement of the School Division that supports the continued
commitment toward modernizing the Elementary Schools and addresses the needs to do the same for the
secondary schools. The constituents have voiced their concerns about the age of many of the high schools
and the overcrowding in heavy populated areas. Five (5) of the eleven (11) high schools are nearly fifty
(50) years old and in need of repair and modernization. The Capital Improvement Program includes
partial funding for the replacement of one of the older high schools, as well as a comprehensive study to
identifY specific needs and timelines to address those needs. Slighting the funding of any immediate
projects, as some have suggested, will compound this funding profile on the out years likely requiring the
total cancellation of some projects. When City Council lowered the real estate rate for FY 2004, the
School Operating Budget absorbed the entire $23-MILLION, which permanently reduced the Revenue
Sharing Formula from 53.13% to the current 51. 79%. If City Council decides to have the School System
share in the cost of meeting BRAC requirements and a cut in the real estate tax even to 99fj:, the combined
effect on the School's Operating Budget would be substantial, totaling approximately Sl1.8-MILLION
The City Manager's Budget proposal argues the impact on Schools will be mitigated because offunds
coming available through the Sandbridge Tax Increment Financing. Under the revenue sharing
agreement, the School system should receive those funds anyway. Some Federal Grants are being
severely curtailed or eliminated entirely this year. Schools will be losing $614,000 in Title I funding
(additional services to the poorer schools) and $289,000 in Title VI (Special Educationfunds).
Dr. Sheila Magula, Superintendent, Virginia Beach City Public Schools, expanded on the choices made
in shaping the Virginia Beach City Public School's Operating Budget of $682-MILLION for the next
Fiscal Budget. This Superintendent's Estimate of Needs was built on three (3) guiding principles: (1) a
commitment to sustaining and improving student achievement, especially as it relates to closing critical
achievement gaps; (2) competitively compensating all employees with a focus on targeting the national
average for teacher salaries; and (3) careful attention to infrastructure and other support resources.
Student achievement is the highest priority. Several major initiatives are dedicated to realizing this goal:
Full day Kindergarten: $3.6-MILLION earmarkedfor the expansion to
enable the equivalent of one (1) full day kindergarten class in the
Elementary Schools.
April 25, 2006
- 4-
BUDGET WORKSHOP
2006-2007 RESOURCE MANAGEMENT PLAN
Virginia Beach City Public Schools
IrEM # 55128 (Continued)
Class size reduction: Implemented over the years in Grades K- 3.
$1-MILLION will fund an additional sixteen (16) teachers to reduce
the class size in Grades 4 and 5. The cap would be moved to 25 to 1.
Advancement Via Individual Determination (A VID) program: Focuses
on middle and senior High School students who are not achieving to
their potential. AVID commenced in two (2) of the schools in 1999, as
part of a State Grant initiative. This funding has long since been
depleted. $500,000 has been established in the Budget to expand AVID.
Four (4) part time teachers will be moved to full time status. Five (5)
full classes in each of those schools will benefit from this program.
Additionally, this funding will allow four (4) more schools to be added
(for a feeder pattern of middle to senior high schools).
Special Education services: This proposal includes $768,567 for an
additional six (6) inclusion teaches and twenty-one (21) teacher
assistances. The school system is required to have special needs
students participate in the General Education Curriculum and must do
so in the least restrictive environment.
Academy Programs: 2,880 students have chosen to attend Academies at
ten (10) schools. Ac:ademies provide students with opportunities for real
world learning anq academic challenge. Students are kept engaged in
learning. Qualified students have the opportunity to earn guaranteed
admission to Medical, Veterinary, Pharmacy or Nursing schools
throughout Virginia. $189,000 has been added to the Budget to enable
the continuation of these academies for the coming year.
The second major theme deals with Adequate Resources and Quality Infrastructure The critical
priorities include a Transportation Safety Initiative entailing $1.6-MILLION for the addition of thirty
(30) full time bus drivers, purchase school buses and increase the pool of substitute drivers. Another
major cost issue is meeting general costs issues, over which there is little control: general maintenance
and repair, fuel, tuition, utilities, equipment replacement, state mandates, local scoring of state testing et
cetera. This Budget earmarks $31.5-MILLION to cover these costs.
The final theme of the Budget relates to Employee Compensation which comprises a significant portion
of the Operating Budget. This budget includes $56-MILLION to cover the costs of a competitive benefits
package and a new employee compensation plan.
The most significant and successful economic development engine in the City is the Public Schools. No
other investment the City has paid off as handsomely as the Virginia Beach School system. Two (2) of the
schools have been named: Year 'Round Schools of Merit" by the National Association of Year 'Round
advocators. The Virginia Beach City Public Schools has received the Gold Medallion of excellence from
the Senate Productivity and Quality Award Program. The City has the first "green" school in the State
and a 2005 No Child Left Behind National Blue Ribbon School (Hermitage Elementary). Only seven (7)
schools in the State have this designation. The School Division earned the designation of meeting
adequate yearly progress from the "No Child Left Behind" legislation.
April 25, 2006
- 5 -
BUDGET WORKSHOP
2006-2007 RESOURCE MANAGEMENT PLAN
Virginia Beach City Public Schools
ITEM # 55129 (Continued)
The demographics of the City have changed and underscore no stranger to poverty. In the fourteen (14)
Title I schools, the level of low income students ranges from a high of eighty (80%) percent at Betty F.
Williams to low offorty-five (45%) percent at Plaza Elementary.
John S. Kalocay, Assistant Superintendent, Administrative Support Services, advised the School Division
has three hundred sixty-three (363) portables. There have not been any portables added for the last ten
(10) years. Currently, approximately one hundred (100) portables are being utilized for construction or
relocation projects. Brookwood Elementary construction is starting in the Fall and students will be
housed in approximately thirty (30) portables the back of Plaza, while Brookwood is being rebuilt on the
original site.
Dr. Magula advised re full day kindergarten, the poverty rate in every school will be reviewed. Glenwood
may need two (2) classes of full time kindergarten. Another school may not need a full class; however,
just about every school will have one (1) full time kindergarten program for the students in the most need
of support. The number of classrooms required will be provided.
Victoria Lucente, Chief Financial Officer, advised the Virginia Beach City Public Schools' proposed
Biennial 2006-2007 Operating Budget. is the first Biennial Budget prepared on the same cycle as the
State Budget. Absent any significant changes to enrollment or State revenue projections, the State
revenues depicted for Fiscal Year 2007-2008, can be relied upon. With each new Biennial budget the
composite index and the Standards of Quality are re-benchmarked or recalculated. The SOQ costs were
based on the 2003 Annual School report data and those figures are projected forward to the current
Biennium. The result of recomputing the composite index and the Standards of Quality re-benchmark
costs increase State Revenues $3I.6-MILLION for 2007 and $2.6-MILLION for 2008. The General
Assembly has not yet acted and the information provided is based on the Governor's proposed Budget
from December. The City funding is based upon the current tax rate of $1.239, an increase of $53.3-
MILLION for Fiscal 2007 and an additional $37-MILLION for Fiscal 2008. The Standards of Quality
(SOQ) are defined in the Code of Virginia and are the requirement for pubic education. As such, SOQ
can be properly referred to as a mandate. SOQ defines class sizes for K through 12, school based
administrative and clerical positions, health services, guidance, libraries, special education, gifted,
technology, operations and maintenance and various other positions within the School system. SOQ
defines the minimum standard required by law. The City's contribution for Fiscal Year 2007increased
$53.3-MILLION,' however $22. I-MILLION of this is required by the Standards of Quality. In Fiscal 07-
08 the total City funding increases $37.I-MILLION The amount above SOQ is not mandated by the
State,' however, achieving World Class status without this additional funding would be difficult. The SOQ
funding covers a wide range of expenses, some of which are related to the SOQ positions themselves and
some from the programs and services requested by the community, but not mandated by the State. The
SOQ amount covers the following costs for the SOQ positions: employees portion of the retirement and
the VRS life insurance premium, the difference between the State Health Insurance Contribution and the
Virginia Beach Public Schools Health Contribution, the difference between the benchmark salaries from
SOQ and Virginia Beach salaries for these same positions, any compensation increases for the SOQ
positions when the State does not provide any compensation increase, non SOQ programs and services
including all the positions and all the costs for the positions that are above SOQ, any increases in
compensation, any adjustments for class size caps, the security positions that are in the Schools, all the
academies, any SOL remediation work, the Princess Anne Center for Pregnant Teens, the Administrative
and Clerical positions for open campus CEL, Virginia Beach Central Academy, the Adult Learning staff,
professional development activities, and programs, such as the Lead Program and SECEP, which
provide teachers assistants the opportunity to become teachers for the schools system, the Instructional
Technology Replacement and the Athletic funding.
April 25, 2006
- 6 -
BUDGET WORKSHOP
2006-2007 RESOURCE MANAGEMENT PLAN
Virginia Beach City Public Schools
ITEM # 55128 (Continued)
The funding presented in the City's Operating Budget raises the following concerns: Revenue Sharing
Formula, changes made to the allocation of the Revenue Sharing Funds, the TIF fund balance, the
proposed Real Estate Rate reduction and its effect on the FY 2007-08 Operating Budget. The $3.8-
MILLION reduction from BRAC is not the result of a revenue stream within the Revenue Sharing formula.
It is an expenditure and no discussion occurred re including expenditures in the Revenue Sharing
Formula Policy.
Revenue Sharing Formula Policy
No discussion with Virginia School Board after January 2006 approval
of Joint City/School Revenue Sharing review.
City Budget Ordinance
Biennial Budget
BRAC is not a Tax Increment Financing (TIF)
The TIF is a Real Estate Tax Revenue
The Real Estate tax is part of the seven (7) share venue streams
BRA C is an expenditure
City Capital Improvement Project 9-060 Oceana and Interfacility
Traffic Area Conformity and Acquisition.
Purchase of Property will reduce Real Estate tax revenue in future
Change to Virginia Beach City Public School Board
FY 2006..2007 and FY 2007-2008 Biennial Operating Budget
Board P AYGO
City Budget P A YGO
TIF Fund Balance
$17.6-MILLION
$12.9-MILLION
$ 4.7-MILLION
(Change made without comments from School Board)
(Presumes School Board decision)
The Capital Improvement Program projections are based on 6-year funding with no assurance that Tax
Increment Financingfund balance will be available after FY 2006/07.
April 25, 2006
- 7 -
BUDGET WORKSHOP
2006-2007 RESOURCE MANAGEMENT PLAN
Virginia Beach City Public Schools
ITEM # 55128 (Continued)
Real Estate Rate Reduction
The Virginia Beach Public School Board FY 2007/08 Operating
Budget increased $39. 7-MILLION
$18. 8-MILLION utilized for Health Insurance increase, SECEP,
Utilities, cost of new Elementary School in Bayside
$20. 9-MILLION remaining
Fuel increases are unknown
Compensation
FY 2007/08 Operating Budget increase $31.5-MILLIONwith Tax
Increment Financing (City Budget)
$(12.8)-MILLION BRAC and rate reduction
$ 4.6-MILLION TIF Fund Balance
FY 2007/08 increase $26.9-MILLION (without TIF fund balance)
PERSONNEL, FRINGE AND NON-PERSONNEL EXPENDITURES
Schools
Personnel and Fringe
Non-Personnel **
Cit Mana er Ad'ustment
City
Personnel and Fringe
Non-Personnel **
Contingency, commitments
FY 05/06
$1.0239
$ 705.7
559.1
146.6
FY 06/07
$.99
$ 779.2 (+$ 73.5)
621.1 (79.7%)
165.2 (21.2%)
-7.1 ( - .9%
$ 721.4 (+$ 32.9)
398.1 (55.2%)
314.4 (43.6%)
8.9 ( 1.2%)
$ 688.5
378.3
304.3
5.9
FY 07/08
$.99
$ 816.5 (+ $ 37.3)
656.1 (80.4%)
168.6 (20.6%)
-8.2 (-1.0%)
781.0 (+ $ 59.6)
401.6 (51.4%)
323.0 (41.4%)
56.4 (7.2%)
**Non-personnel includes other purchased services, internal services charges, capital outlay, transfers
Tony Arnold, Director of Facilities - Planning and Construction, highlighted the Virginia Beach City
Public School Board FY 2007/07 - FY 2010/2012 Capital Improvement Program. All cost
estimates/projections have been updated based on the continued unprecedented increases in construction
costs experienced in 2005. The six-year funding targets are based on the continued support of Pay-As-
You-Go funding ($17.6-MILLION) in Operating Budget contributions as was provided in FY 2003/04
and 2004/05 and do not account for any changes in Pay-As-You-Go support..
April 25, 2006
- 8 -
BUDGET WORKSHOP
2006-2007 RESOURCE MANAGEMENT PLAN
Virginia Beach City Public Schools
ITEM # 551295 (Continued)
School Modernization Prof!ram $ 318 -MILLION
School Replacements:
Brookwood Elementary $ 16.6-MILLION
Windsor Woods Elementary $ 16.8-MILLION
Windsor Oaks Elementary $ 18.4-MILLION
Newtown Road Elementary $ 18.8-MILLION
Virginia Beach Middle $ 54.7-MILLION
Great Neck Middle $ 57.5-MILLION
Alternative Education Center Phase II $ 65.2-MILLION
Elementary School 2007-08 (Bayside)(Williams $ 18.9-MILLION
Farm)
School Bus Garage Facility $ 17.0-MILLION
Renovations/Replacements $ 55.5-MILLION
Hif!h School Replacement $ 15.0 (partial)
Joint City/School Administration Buildinf! Study $ 100,000
Comprehensive Long Range Facilities Planning (Commencing this Fall, encompassing
Study (CIP 1-098) (probablv most imoortant) approximatelv fifteen (15) months.)
CAPITAL IMPROVEMENT PROGRAM HIGHLIGHTS
Mr. Arnold displayed a map encompassing Elementary School Modernization/Replacement Program
1998-2006 and New School Construction 1990-2006.
Five (5) of the City's High School and five (5) Middle Schools are approachingfifty (50) years old.
The school population for the past eight (8) years has reflected some decline. This decline was exclusively
in the elementary schools in the early years. Over the last two (2) years, the decline has moved into the
Middle Schools. In two (2) more years this decline will move into High Schools.
Victoria Lucente, Chief Financial Officer, advised relative excess revenue received above Budget, in
Fischal Year 2004-05, an additional $4.6-MILLION in revenue was received above appropriations and
$5.8-MILLION in expenditure savings for a total of $10.4-MILLION. $6.7-MILLION from excess
revenue received from the City Operating Budget for a total returned to the School system of $17.2-
MILLION. Chairman Edwards advised this means there was $5-MILLION in the Schools Operating
Budget that was not expended (representing less than 1%).
Chairman Edwards advised information shall be provided relative how Kellam ranks concerning per
square foot, per child in High School population.
John S. Kalocay, Assistant Superintendent, Administrative Support Services, advised relative the access
issues concerning Kellam's back parking lot. Additional parking on the right hand side of Kellam has
been instituted. The back street and the back parking lot have been monitored for possible additional
parking. The lighting scheme makes sure the cars enter and exit in a timely fashion. Another Police
officer has been assigned to assist at the end of the day. A meeting with the Public Works staff was held
relative an internal connection "crush and run" and using the VEPCO right-ofway. The Public Works
staff has not responded.
City Council RECESSED: 3:40 P.M. to 3:50 P.M.
April 25, 2006
- 9 -
BUDGET WORKSHOP
2006-2007 RESOURCE MANAGEMENT PLAN
PUBLIC LIBRARIES
3:50 P.M.
ITEM # 55129
Mayor Oberndorf introduced Marcy Sims, Director - Virginia Beach Public Libraries, and congratulated
her on the Windsor Woods Library remodeling and the new library in Bayside. Mayor Oberndorfhas not
given up on the concept of IMAGINON which she experienced in Charlotte, North Carolina, a
collaborative venture of The Public Library of Charlotte and Mechlenburg County and the Children's
Theatre. A portion of this concept might be encompassed within the new library.
Council Lady McClanan advised the City of Norfolk had spoken with the State concerning the possibility
of combining their Library with the Community College. Council Lady McClanan inquired re possible
impact to Virginia Beach's program.
Mrs. Sims advised these had been just preliminary discussions. The Virginia Beach Campus Tidewater
Community College Learning Resources Center, for a number of years, has been in the "pipeline" for
replacement. Our City's project is much further along. Noifolk's Tidewater Community College
Learning Resources Center is not in need of replacement. However, the Norfolk Public Library is in dire
need.
Councilman Villanueva inquired concerning the Bookmobile and its impact on the communities.
Unfortunately, a contract has just been signed for the new Bookmobile. Construction will entail
approximately two hundred fifty days (250). In the meantime, the City's existing Bookmobile is visiting
some of the Target neighborhoods (Lake Edward, Green Run). The new Bookmobile will have computer
access available, visit the "at risk" neighborhoods and focus on services to children. A status report will
be provided.
Mrs. Sims expressed appreciative to the Mayor and City Council for their support of library services.
April 25, 2006
- 10-
CITY COUNCIL BRIEFING
TAX ASSESSMENT TASK FORCE
3:58 P.M.
ITEM # 55130
Catheryn Whietsell, Director - Management Services, at the request of Council Ladies McClanan and
Wilson, provided an update re the Tax Assessment Task Force meeting on April 24, 2006.
On April 11, 2006, City Council REFERRED to the TAX ASSESSMENT TASK FORCE for
recommendation to City Council by May 1, 2006:
Resolution directing the City Manager to INCREASE the net worth
limitations re Tax Exemption Program for the Elderly to the maximum
permitted by the Code of Virginia
The Code of Virginia authorizes the City to adopt a program allowing all taxpayers the option of
deferring the portion of real estate taxes that exceed 105% of the real estate taxes on the property owned
by the taxpayer in the previous tax year. These two (2) issues were discussed. The Task Force examined
changing the net worth for the Elderly from the current $200,000 to the new State "cap" of $350,000.
The Task Force will recommend to City Council the increase of $350,000 in the FY 2006-07 Operating
Budget. This recommendation will entail a cost to the City of $514,000 and will be discussed during the
Reconciliation Workshop. During FY 2007-08, the City's cost will escalate to $670,000. The income
limit re Tax Exemption Program for the Elderly was also discussed. A $46,100 income limit has been
proposed for the FY 2006-07 Operating Budget. As the full State "cap" of $52,000 would entail a cost of
$1.5-MILLION in FY 2006-07, the Task Force decided to wait until FY 2007-08. The Tax Freeze
Program will be at the State "cap ".
Much of the discussion re the Deferral Program concerned mortgages and the ability to participate in
this program. Most mortgage companies do not allow a tax lien. As there was no way to place
restrictions or guidelines on this Program, the Task Force was not comfortable recommending this
concept; however, did recommend continued pursuit of legislation through the General Assembly to allow
local option tax relief programs.
Council Lady McClanan advised the Minutes of the Task Force will be distributed prior to the
Reconciliation Workshop.
Mrs. Whitesell advised no locality in the State of Virginia is currently conducting the Deferral Program.
Mrs. Whitesell advised there are approximately 12,000 "mortgage clear" homes. The City. Staff had
recommended to the Task Force that the Deferral Program consist of just residential owner-occupied
property.
Jerald Banagan, Real Estate Assessor, referenced policies in other States: "caps" on individual
assessments, total revenue, "homestead" exemptions (both dollar and percentage amounts) and varying
tax rates for different classes of property. To raise revenue, many states with "caps" initiate fees i.e.
trash pickup. Fees cannot be claimed on an individual's income tax return. Last year, the City of
Norfolk reviewed a proposed graduated tax rate.
April 25, 2006
- 11 -
2006-2007 RESOURCE MANAGEMENT PLAN
4:09 P.M.
ITEM # 55131
Catheryn Whitesell, Director - Management Services, advised the Reconciliation Workshop is scheduled
May 3, 2006, City Council Conference Room, at 3:00 P.M. Mrs. Whitesell requested the City Council
submit any proposed items to the City Manager or her.
Mayor Oberndorf advised Thomas Cognill, who spoke during the April 20, 2006, Public Hearing,
represented the Tidewater Bicycle Association, the Tom Coghill Celebration of Life Bicycle Ride, the
Bicycle and Trails Advisory Committee and all the bicycle shop owners in the Tidewater area. Mr.
Coghill had requested Phases 2 and 3 (CIP 4-064, 4-065 City Bikeways and Trails Improvements) be
included within the Budget. He submitted a package with his comments, which Mayor Oberndorf
distributed to the City Manager. Mayor Oberndorf is aware the entire project cannot be built at the
present time.
Councilman Reeve advised there are several projects which could possibly be delayed. Parks and
Recreation Department provided a report card which reflected the number one item is "Bikeways and
Trails ".
Mrs. Whitesell advised the list of under funded mandates would be provided.
Mayor Oberndorfreferenced the Chamber of Commerce correspondence re the Patriotic Festival, which
was not included in the FY 2006-07 Operating Budget
Council Lady Wilson advised approximately $400,000 has been raised from the private sector and they
are not requesting considerable fundimg as they did last year.
April 25, 2006
- 12 -
C IT Y MANA G E R 'S B R IE FIN G
PUBLIC INFORMATION AND MARKETING ENHANCEMENT
4:14 P.M.
ITEM # 55132
Gwen Cowart, Director - Department of Communications and Information Technology advised
communication capabilities:
311
VBTV
VBgov. cmn
Live Online Assistance
Publications
Emergency Alerting
311 Background
. A federally-designated number designed to reduce 911 congestion
. More recently has evolved to also be an easy-to-remember City phone number to request
information and City services.
Mrs. Cowart advised In 1997, the Federal Communications Commission (FCC) approved the 311 number
for nationwide use. The FCC stated that the use of 311 could improve the effectiveness of 911 emergency
services by alleviating congestion on 911 circuits. The original and still most prevalent use of the number
is to establish a non-emergency services hotline that can be used by citizens on a 24/7 basis to request
City services information. Since its inception, 311 has also, in many cities across the country, become
synonymous with a customer service center that enables citizens to utilize a single, easy-to-remember
telephone number to request information and services, provide feedback, lodge complaints and concerns
and otherwise conduct business with a city without the needfor a trip to the Municipal Center.
April 25, 2006
- 13 -
CITY MANA GER 'S BRIEFING
PUBLIC INFORMATION AND MARKETING ENHANCEMENT
ITEM # 55132 (Continued)
In recent years, cities across the country have begun adopting 311 as a standard in citizen service. Cities
of all sizes have begun adopting the use of 311, including Baltimore, Los Angeles, New York, Chicago,
Las Vegas, Detroit, San Antonio, Houston, Dallas, Chattanooga, Columbia (SC), etc. The City of
Virginia Beach has been aggressively working toward alleviating congestion in our 9-1-1 Center and
now desires to establish a 311 service to further reduce the number of non-emergency calls received at
our 911 Center. The ComIT Public Information Office operates a contact center focused on providing
customer service for citizens, businesses and members. Eighteen (18) months ago, the City's Public
Information Office (PIO) began "24/7" operations
Additionally, the City's Emergency Communications Center (ECC) transitioned several non-emergency
tasks to Public Information Office.
Non-Emergency call types included:
General/Courts Information
· Deceased Animal Pick- Ups
Public Utilities After Hours
· Media Incident Inquiries
Towing
By implementing 311, ComIT will be able to provide citizens with an easy to remember number
to request virtually any City service.
As a 24/7 operation, the Public Information office (PIO) is the ideal agency to handle 311 calls.
· Additionally, PIO also is responsible for Online Assistance, VBgov.com, VBAM, VBalert and
several citywide publications and can, therefore, streamline public inquiry processes through
technology and procedure.
.
Emergency Communication Center Non-Emergency Call Volume
10000
40000
30000
20000
o
Jul-OS Aug-OS Sep-OS Oct-OS Nov-OS Dee-OS Jan-06 Feb-06 Mar-06
April 25, 2006
- 14 -
CITY MANA GER 'S BRIEFING
PUBLIC INFORMATION AND MARKETING ENHANCEMENT
ITEM # 55132 (Continued)
As a result of these changes: Non-emergency call volumes in 911 have begun to drop - allowing 911
Communications Officers to focus on true emergencies and public safety dispatch. Citizens, businesses
and members have begun to recognize the Public Information Office as the best resource for non-
emergency City services and information
Implementing 311 will further reduce the high volume of non-emergencies calls to which they must
respond
Key Points
.
Citizens can dial 3-1-1 24/7 to obtain any City information and reach most City
services. (Interna/I~ dial 4111 or 3111)
.
Cell phone users or users outside the City limits can continue to use (757) 385-3111
.
Citizens should not call 9-1-1 unless they have an emergency
.
Direct City phone numbers wi/I still work
.
There is no charge to citizens for this se/Vice
Original VBTV Programming
Beach Video Magazine
· Video Services operates three government and education access channels, VBTV 46, 47,
48 on Cox Cable, which can be viewed in the Virginia Beach service area only.
· VBTV programming targets information, events and issues concerning the City of
Virginia Beach municipal government, and the Virginia Beach City Public School
system.
· Currently, over 130,000 cable subscribers (households) have access to VBTV
programmmg.
· Many of the original programs produced for VBTV, including live Council sessions, are
available online through eStream at: www.VBgov.com/estream
January: 432 Users 315 Hours viewed 43 Minutes per unique
user Max concurrent streams 37 Total Requests: 5,691
February: 529 Users 377 Hours viewed 42 Minutes per unique
user Max concurrent streams 28 Total Requests 6,463
Currently operating at 25% of streaming access capacity. Operating at 300% of storage capacity
(Limelight has agreed not to bill for this overage)
April 25, 2006
- 15 -
C IT Y MANA G E R 'S B R IE FIN G
PUBLIC INFORMATION AND MARKETING ENHANCEMENT
ITEM # 55132(Continued)
Newscan's addition has been a big draw to users. There have been four hundred thirty-one (431)
requests for Newscan debuting January 26, 2006 and two hundred seventy-one (271) requests for
Newscan debuting February 24, 2006. VBTV recently implemented a new programming schedule for
Channel 48. There are six blocks in the new schedule: For Educators, For Kids, Personal Development,
Local Original Programming, News, and a Special block. Programs in each block will be consistent with
the block theme.
VBgov.com
· VBgov.com was launched in 2000 to serve as a portal to conduct business with the City of
Virginia Beach
An evolution from static, bureaucratic structure to a dynamic selfservice portal focused on the
provision of eGovernment
Content is created, approved, posted, edited and deleted through the Vignette Content
Management System
· The award-winning site currently receives approximately 200,000 visitors per month and
includes over 50 online applications and services
· In the next few months, ComIT will be releasing a redesigned version of VBgov.com which will
include the Google search appliance and a greater emphasis on direct customer service versus
information delivery
Online Assistance
.
Similar to online "chat, " Online Assistance allows Web users to communicate in real-time with a
Public Information Specialist
Virginia Beach was the first locality in the country to implement online assistance technology.
The service is available from any page on VBgov.com
The new service provides customers with instant feedback on their inquiries and the forum
provides the opportunity to ask follow-up questions for clarification, or continue the session with
multiple unrelated questions without the need for a phone transfer or multiple trips to the
Municipal Center.
Through the service, the Public Information Specialists have the ability to take control of the
user's Web browser and direct it to an online resource that assists in resolving the inquiry
Online Assistance does not require users to have any additional special equipment, software, or
skills; if a user can access VBgov.com, they will be able to use the feature
As evidenced by the feedback above and the extremely high satisfaction rating from users (98%),
online assistance has proven to be a significant addition to our two-way communication channels
Beginning in the Fall of 2004, Online Assistance became available 24 hours a day, seven days a
week
The online service has proven to be extremely popular, garnering a 98% satisfaction rating with
users
Use of the service continues to increase and currently serves over 500 users per month on
average
4000 Unique Interactions via Live Assistance between July 2005 and Feb 2006; average about
500 per month
.
.
.
.
.
April 25, 2006
- 16 -
C IT Y MANA G E R 'S B R IE FIN G
PUBLIC INFORMATION AND MARKETING ENHANCEMENT
ITEM # 55132 (Continued)
ComIT develops and distributes several publications for use by citizens:
· The Citizen Services Guide - printed every two (2) years & distributed through multiple
City agencies (Libraries, Parks & Rec., Treasurer's Offices, Police Depts., Welcome
Desk in City Hall, PW, PU), mailed to all new residents through Greetings to You (at no
charge to City), civic leagues, local real estate agents, and upon request
· The Online Citizen Services Guide Overview - printed once or twice a year, as needed.
Distributed same as above
· The Newcomer's Guide - Printed once or twice a year, as needed. Distributed same as
above
The Municipal Center Map - Printed Four (4) times a year. Distributed at information
booths throughout the City, Courts and same as listed above
· Coordinates the weekly "In Touch With Virginia Beach" listing appearing in the Beacon -
includes VB TV schedule, new VBgov.comfeatures and other City service enhancements.
The City Photographer provides event coverage, portraiture and also maintains the City digital
photo archives.
Emergency Alerting Capabilities
VBalert
VBgov.com
Customized Hurricane Reports
VBAM
VB TV
Private Switch Address Location Information (PS/ALI)
Emergency Communications Center & Emergency Operations Center
.
One of the most important roles of a municipal government is to ensure the safety and security of
the community. Recent events demonstrate the importance of emergency preparedness and the
need for accurate, timely and easily accessible information. The City of Virginia Beach is
committed to providing its citizens with multiple communication channels and tools to help
minimize loss of life and property during emergencies
.
In addition to our Emergency Communications Center, Virginia Beach has multiple proactive
emergency communications systems and technologies designed to protect the safety and well
being of its citizens, businesses and employees
.
Goals of the Systems:
· Reduce the impacts of disasters through advanced notification
Distribute critical, timely, and effective emergency and public safety information
.
Provide instructions and guidance to assist recipients in responding to an emergency or
public safety situation
Manage public safety resources
Increase response accuracy and improve public safety response time
April 25, 2006
- 17 -
CITY MANA GER '5 BRIEFING
PUBLIC INFORMATION AND MARKETING ENHANCEMENT
l
ITEM # 55132 (Continued)
Gwen displayed a brief video re launching of the program entitled VBalert:
VBalert is a software/telephone system, similar to reverse 911, for use in disseminating public
safety and emergency-related warnings, alerts and notifications to the public, city employees,
volunteers and related groups via a pre-recorded telephone message.
· Tied to our 911 database to ensure accurate and updated data
Multiple ways to launch a message:
· Address Radius and Polygon Events - Unanticipated events defined by creating a polygon
or radius on a map based on a specified address
Pre planned Events - Predefined geographic areas that are at a greater than normal risk
of being involved in an emergency
Custom-Call List Events - A list of telephone numbers of people who need to be contacted
during a certain type of event, or who need to be informed of critical information
Primarily, custom-call lists are used internally to communicate information to specific
groups, teams or agencies during an emergency situation
· Partial List of Uses:
Amber Alerts
Beach Closings
Rabid Animals
· Major Transportation Accident
· HazMat Incidents
SWAT Situations
· WMDs
Hostage Situation
Communicable Diseases
VBgov.com
· Comprehensive, award-winning emergency preparedness information 365 days a year
During City declared emergencies, the entire site converts to an emergency information portal,
providing vital safety information
The City's Web Team is a part of the Emergency Operations Center and is able to update the site
in real time
The site is updated with crucial and timely emergency information including shelter status,
evacuation routes, known road closures, power outages, sanitary sewer system outages and alerts
and warnings from the City's Public Safety Agencies
April 25, 2006
- 18 -
C IT Y MANA G E R 'S B R IE FIN G
PUBLIC INFORMATION AND MARKETING ENHANCEMENT
ITEM # 55132 (Continued)
Customized Hurricane Reports
· Using the Custom Hurricane Report, citizens can download and print a report specific to any
property parcel in the City of Virginia Beach
The custom report provides information on evacuation procedures and routes, storm surge, flood
zones and probability (by hurricane category) of property flooding or isolation due to flooding,
and the closest emergency shelter(s) to the property
The report also provides a hurricane preparation check list, a listing of all area television and
radio stations, local area information and resources, recommendations for protecting property,
recommended action to take during a hurricane watch and a hurricane warning, and potential
property damage and flooding estimates that can be expected by the different categories of
hurricanes
Report is designed to be printed and stored with an emergency preparedness kit
Background
During the five day period of Hurricane Isabel, the Public Information Office received more than 11,000
calls, the majority of which were from citizens wanting to know if their property was in a flood or storm
surge zone. The flood and storm surge zone information was not available online at that time, and the
Public Information Specialists were forced to physically look up the citizen's address on a map to
determine if the property was in an affected zone. The manual process of looking up addresses, coupled
with the fact that citizens could not access the information themselves because it was not available online
caused a huge backlog of calls in the queue.
Solution
The City's Web team, with input from the Public Information Specialists and Emergency Management,
worked with the CGIS team to develop an online application that worked in conjunction with the City's
eMapping system (the eMapping system was originally developed in order to provide real estate property
and tax information).
Result
Since the information is now available online (24/7), citizens can access the information themselves,
decreasing the number of phone calls to the Public Information Office. The report also helps the Public
Information Specialists assist callers more efficiently since the online access saves time, reduces call
backlog and minimizes the probability of mistakes (human error due to the tedious process of manually
lookingfor addresses on a physical map).
VBAM 1680
VBAM Radio is a low-powered AM radio service that provides emergency warnings and City
information via AM 1680
Non-emergency public information messages and NOAA weather radio are provided as a
secondary use to inform the public, City and School employees, volunteers and visitors
· Non-emergency uses include:
· Parking and Routingfor Special Events
· School Facility Closures
· Traffic Advisories
· Highway Construction and Maintenance
Water and Sewer System Advisories
· NOAA Weather Forecasts
April 25, 2006
- 19 -
C IT Y MANA G E R 'S B R IE FIN G
PUBLIC INFORMATION AND MARKETING ENHANCEMENT
ITEM # 55132 (Continued)
Gwen advised this program, VBAM 1680, with limited funding was implemented by a "one time only"
grant from the Department of Homeland Security. This will predominately be utilized by individuals in
cars, who will hopefully transverse the area. Additional transmitters might be added over time. Concern
was expressed re the lack of coverage on the Great Neck Corridor, all of Shore Drive and the north end
of the Beach. Sandbridge was not covered and City Council inquired re piggybacking off a cell phone
tower. Gwen advised it is not a matter of justijj;ing locations for the towers, it is the purchasing of the
equipment (essentially broadcast stations posted outside the antenna). Hopefully all areas of the
community will be covered over time.
The primary purpose of the AM radio system is to disseminate accurate and timely public safety
emergency messages, warnings, alerts and notifications to the public via broadcast AM radio frequency
1680. The cost per system shall be provided.
The City of Virginia Beach has a large municipal complex of 30 individual buildings. The City uses a
large private phone switch for all municipal telephone lines, and the central switch room for these lines is
located in Building 18 of the Municipal Center. Prior to the implementation of the PSALI system, all
calls to 911 originating from a City-owned phone line would show up on the 911 location information
screen as Building 18, regardless of the actual location of the caller. As a result, dispatching
emergency response teams to the correct location was dependent on the caller being able to communicate
his/her physical address to the 911 communications officer.
With Private Switch Address Location (PSALI), any call originating from a City-owned telephone line
now displays the caller's physical location on the 911 location information screen, right down to the
room number. This is a major improvement in that it enables 911 to dispatch emergency response teams
to the correct location, considerably reducing critical response times, even if the caller becomes
unconscious or is unable to tell the 911 communications officer where he/she is located.
PSALI is a tremendous step forward in ensuring the security and welfare of our employees in the
workplace. With the implementation of the PSALI system, employees receive the same high level of
protection they would if they were to place a call to 911 from their home.
.
In 2006, the City completed construction on a new state of the art Emergency Communications
Center and Emergency Operations Center. The new facility includes:
Expanded 911 operations floor to accommodate future growth
Upgraded 911 training facility
State-of-the-art 911 communication equipment
· Secure parking for 911 employees
Enhanced EOC with adequate space for managing weather and Homeland Security
emergencies
The new ECC/EOC building dedication ceremony was held Wednesday, April 19, 2006 at
3:00 p.m.
The schedule "Live" date, at which time the building will be fully functional and all systems cut
over date is Tuesday, May 2, 2006.
.
April 25, 2006
- 20-
AGE N DA REV IE W S E S ION
4:58 P.M.
ITEM # 55133
Clay Bernick, IlL Planning, distributed a Resolution to be ADDED to the Agenda:
Resolution AUTHORIZING agreement between Army Corps of
Engineers, the Commonwealth of Virginia, the Cities of Chesapeake,
Norfolk, Portsmouth and Virginia Beach for the Elizabeth River
Environmental Study.
In 1998, the City entered into an agreement with the Army Corps of Engineers, Commonwealth of
Virginia and the Cities of Chesapeake, Norfolk and Portsmouth to conduct a feasibility study to determine
the need for environmental remediation and restoration in the Elizabeth River watershed. The first
feasibility study has been completed. The results indicated that sediment remediation in the Southern
Branch was feasible and that a further "Feasibility Phase Study" should be conducted for Paradise
Creek to fully assess the opportunities for environmental remediation and restoration in the Elizabeth
River Basin. To authorize and fund this study requires an amendment to the original agreement. The
City's total pro rata share is $12,500.00, payable in two (2) installments. If the City fails to enter into
the agreement by April 30, 2006, then Federal funding may not be available.
Councilman Reeve will ABSTAIN on this item as his company performs environmental restoration and
Councilman Reeve expects to be involved with the Elizabeth River Project restoration along the
watersheds in the future.
ITEM # 55134
BY CONSENSUS, thefollowing items shall compose the CONSENT AGENDA:
K. RESOLUTION/ORDINANCES
1. Resolution re the location and major design features re Princess Anne
Road/Kempsville Road intersection improvements and Witchduck Road Phase 1
transportation projects.
2. Ordinance to TRANSFER $1,400,000 within the Capital Improvement Budget (CIP)
from Fire and Rescue Station - Thalia to Fire and Rescue Station - First Landing re
increased construction costs.
3. Ordinance to AUTHORIZE the City Manager to execute all necessary documents to
acquire 45.835 acres of land at 3180 New Bridge Road and APPROPRIATE
$1,925,070 from Open Space Acquisition
Council Lady McClanan will vote a VERBAL NAY on Items K1, 2 and 3.
Council Lady McClanan DISLOSED pursuant to Section 2.2-3115(G), Code of Virginia re Item K1.
her husband and she have a ownership interest in Kempsvile Professional Center, Inc. and that
corporation owns property located at 425 South Witchduck Road (GPIN 1466 79 5400 0000), near the
intersection of Kempsville Road and Princess Anne Road. The City Attorney has advised that she is able
to participate in this discussion fairly, objectively and in the public interest.
Council Members Diezel, McClanan and Wilson, shall vote a VERAL NAY on this K3.
April 25, 2006
- 21 -
AGENDA RE VIE W SESION
ITEM # 55135
1. Application of RADHAKRISHNA RENUKUNTA and KA VITHI VURIMINDI for a
ChanJ!e ofZoninJ! District Classification from AG-1 Agricultural to Conditional R-lO
at Chestnut Oak Way (DISTRICT 7 - PRINCESS ANNE)
Councilman Reeve advised the applicant 's attorney has contacted the joint property owner re trail access
and a consolidated development plan will be formulated.
The applicant has requested an indefinite deferral.
ITEM # 55136
2 Applications of HERON RIDGE PROPERTIES II, L.L.C. at 2817 Seaboard Road
(DISTRICT 7 - PRINCESS ANNE)
a. ChanJ!e ofZoninJ! District Classification from AG-l and AG-2 Agricultural to
Conditional R-15 Residential to develop single-family homes
b. Variance to 34.4 (b) of the Subdivision Ordinance that requires all newly created
lots meet all the requirements of the City Zoning Ordinance (CZO)
Councilman Reeve distributed correspondence from Bernard 1. Byrne, President - Heroin Ridge Home
Owners Association, and the applicant is in agreement to the change to R -15 zoning. The applicant has
redesigned the plan which now meets the 50% open space goal called for in the Princess Anne/Transition
Area guidelines. The Homeowners Association is now in support. One resident is concerned re the
placement of the playground.
ITEM # 55137
5. Application of29 OCEAN, L.L. C. for a ChanJ!e ofZoninJ![rom RT-3 Resort Tourist,
A-36 Apartment and A-12 Apartment to Conditional RT-3 Resort Tourist with a
Laskin Road Gateway Overlay at Arctic Avenue and 29th Street (DISTRICT 6-
BEACH)
Correspondence from Captain P.l. Lorge, Us. Navy, Oceana Commanding Officer, dated February 28,
2006, was referenced.
The City Manager advised a joint staff meeting is scheduled with Captain Lorge on May 4, 2006, to
discuss issues. This item will be DEFERRED, until the City Council Session of May 9, 2006.
ITEM # 55138
BY CONSENSUS, the folloWing items shall compose the PLANNING BY CONSENT AGENDA:
L. PLANNING
1. Application of RADHAKRISHNA RENUKUNTA and KAVITHI VURIMINDI
for a ChanJ!e of Zoning District Classification from AG-l Agricultural to
Conditional R-IO at Chestnut Oak Way (DISTRICT 7 - PRINCESS ANNE)
April 25, 2006
- 22-
AGENDA RE VIE W SESION
ITEM # 55138 (Continued)
2. Applications of HERON RIDGE PROPERTIES II, L.L.C. at 2817 Seaboard
Road (DISTRICT 7 - PRINCESS ANNE)
a. Change of Zoning District Classification from A G-l and
AG-2 Agricultural to Conditional R-15 Residential to
develop single-family homes
b. Variance to 94.4 (b) of the Subdivision Ordinance that requires
all newly created lots meet all the requirements of the City Zoning
Ordinance (CZO)
3. Application of EVERGREEN VIRGINIA, L.L.C., CHECKERED FLAG MOTOR
CAR CO., INC. and STEPHEN M. SNYDER, CO-MANAGER re a storage lot for
an adjoining motor vehicle sales and repair facility at 270 Cleaifield Avenue
(DISTRICT 2 - KEMPSVILLE)
a. Chanze ofZoninz from R-7.5 Residential to Conditional B-2
Community Business
b. Modification of Conditions (approved on March 8,2005 and October 23,
2001) re incorporating existing property into newly rezoned lot with
accessory parking
4. Application of WILLIAM FOX for a Conditional Use Permit for a facility of an
outdoor nature (paintball park) at 2968 Holland Road
(DISTRICT 7 - PRINCESS ANNE)
5. Application of 29 OCEAN, L.L. C. for a Chanze of Zoninz {rom RT-3 Resort
Tourist, A-36 Apartment and A-12 Apartment to Conditional RT-3 Resort Tourist
with a Laskin Road Gateway Overlay at Arctic Avenue and 29th Street (DISTRICT
6 - BEACH)
Item L.1. Application of RADHAKRISHNA RENUKUNTA and KA VITHI VURIMINDI shall be
DEFERRED INDEFINITELY, BY CONSENT.
Mayor Oberndorf and Councilman Schmidt will vote a VERBAL NA Y on Item 2a/b (HERON RIDGE
PROPERTIES IL L.L.C).
Item L.5. will be DEFERRED BY CONSENT, until the City Council Session of May 9, 2006.
A~..;l ')" ')nn,;-
- 23 -
ITEM # 55139
Mayor Meyer E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use
of real property for public purpose, or of the disposition of publicly-held property, or of plans for
the future of an institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.2-3711(A)(3).
Acquisition/Disposition of Property - Beach District
Upon motion by Councilman Wood, seconded by Councilman Schmidt, City Council voted to proceed
into CLOSED SESSION (5:25 P.M.).
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Robert M Dyer and Richard A. Maddox
(Closed Session: 5:25 P.M. - 5:38 P.M.)
(Dinner: 5:38 P.M. - 6:00 P.M.)
April 25, 2006
- 24-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
April 25, 2006
6:05 P.M.
Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 25, 2006, at 6:05 P.M.
Council Members Present:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva and Rosemary Wilson
Council Members Absent:
Robert M. Dyer
[Ill with Flu]
James L. Wood
[Left at 6:00 P.M. - Speaking engagement at Sea breeze Civic
League]
INVOCATION: Captain Monica Johnson
Chaplain, First Landing Chapel, Fort Story
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is
not personally involved and of which she does not have personal knowledge. In order to ensure her
compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act,
it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of
identifying any matters in which she might have an actual or potential conflict. If, during her review she
identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the
official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady
Wilson's letter of January 27,2004, is hereby made a part of the record.
April 25, 2006
- 25 -
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM # 55140
Upon motion by Council Lady Wilson, seconded by Councilman Schmidt, City Council CERTIFIED
THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Robert M. Dyer and James L. Wood
April 25, 2006
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 55139, page 23, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 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 Vitginia Beach City Council.
--
25 April 2006
- 26-
Item V-F.1.
MINUTES
ITEM #55141
Upon motion by Council Lady Wilson, seconded by Councilman Reeve, City Council APPROVED
Minutes of the INFORMAL AND FORMAL SESSIONS of April 11, 2006.
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Robert M Dyer and James L. Wood
April 25, 2006
- 27-
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM #55142
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
ADDED:
Resolution A UTHORIZING agreement between Army Corps of
Engineers, the Commonwealth of Virginia, the Cities of Chesapeake,
Norfolk, Portsmouth and Virginia Beach for the Elizabeth River
Environmental Study.
April 25, 2006
- 28 -
Item V-G. 1.
ADD-ON
ITEM #55143
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADDED to the
Consent Agenda as Item K.4.:
Resolution AUTHORIZING agreement between Army Corps of
Engineers, the Commonwealth of Virginia, the Cities of Chesapeake,
Norfolk, Portsmouth and Virginia Beach for the Elizabeth River
Environmental Study.
Voting:
8-0
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.
Maddox, Mayor Meyera E. Oberndorf Peter W Schmidt, Ron A. Villanueva and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Abstaining:
Jim Reeve
Council Members Absent:
Robert M Dyer and James L. Wood
Councilman Reeve ABSTAINED on this item, as his company performs environmental restoration and
Councilman Reeve expects to be involved with the Elizabeth River project restoration along the
watersheds in the future.
April 25, 2006
- 29-
Item V-H.1.a.
PUBLIC HEARING
ITEM #55144
Tax Rate on Real Property for FY 2006
Mayor Oberndorf opened the PUBLIC HEARING:
"The City Council hereby declares a Public Hearing open on the
matter of an effective tax increase on the City's real property tax"
The following registered to Speak:
Al Strazzullo, 3120 Sand Pine Road, Phone: 481-0024, advised the 99~ real estate tax proposal has a
tremendous impact on the homeowners, as the average increase in assessments was approximately
22%., equating to a tax increase of 18%
Robert 0 'Connor, 204 52nd Street, Phone: 428-0962, opposed to the 99~ real estate tax proposal
and requested the tax be decreased to 86~
Dominic Desnoyers, 313 Sand Pine Road, Phone: 481-7813, opposed to the 99~ real estate tax proposal
and advised this City has the highest ratio of taxes on residents versus non residents in the entire Nation
Ruth Mashburn, 1320 West Little Neck Road, Phone: 463-0120, resident for almost forty (40) years. Ms.
Mashburn requested a lower tax rate and displayed an article in Parade entitled: "Is American's dream
still possible?"
Jim Roth, 1442 West Little Neck, Phone: 498-0203, 83-years old, resident of West Little Neck Road for
thirty-five (35) years. Mr. Roth requested the real estate tax rate be decreased and place a "cap" on
taxes for Retirees.
Gilbert Mashburn, 1320 West Little Neck, Phone: 463-0120, spoke on behalf of Seniors and requested
stabilization of the tax rate
Jim Duff, 1509 BayclifJ, Phone: 481-7575, Mathematical Statistician for thirty (30) years. The citizens
are concerned relative the tax rate
Will Aygarn, 2264 Stowe Road, Phone: 855-2087, advised the City government is too large and
extravagant in their expenditures. Mr. Aygarn requested a tax cut and corresponding decrease
in assessments
John Moss, 4109 Richardson, Phone: 363-7745, Chair - Virginia Beach Taxpayers Alliance, 4109
Richardson Road, Phone: 363-7745, requested the real estate tax rate be established at 82~. Mr. Moss
advised the purpose of Government is not to lower the personal living standards of the citizens
George Bryant, 2320 Dodd Drive, Phone: 481-3309, thirty-eight (38)- year resident of Wolfsnare
Plantation and spoke in opposition to the real estate tax rate
Larry Christy, 1413 Cherr Court, Phone: 412-4301, spoke in opposition to the proposed tax rate which
increases his personal property taxes by nearly 60% over three (3) years. Mr. Christy presented a video
entitled: "Sin City, Unlimited" which the Mayor asked be donated to the Public Library.
April 25, 2006
- 30 -
Item V-H.1.a.
PUBLIC HEARING
ITEM#55144 (Continued)
Tax Rate on Real Property for FY 2006
Bob Hedrick, 1132 Blackburn Lane, Phone: 466-0136, Member of the Virginia Beach Taxpayers
Alliance, expressed concern re escalation in tax rates
Millie Jones, 1035 South Bay Shore Drive, Phone: 491-8656, requested the tax rate be lowered to 86if:
Marylayne Castelluzzo, 5189 Stratford Chase Drive, Phone: 474-4346, long time resident of Kempsville,
and City employee. Her assessment has increasedforty (40) percent over the past two (2) years
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
April 25, 2006
- 31 -
Item V-LII213.
PUBLIC COMMENT
ITEM #55145
Tax Rate on Personal Property, Machinery and Tools for Calendar Year 2005
FY 2006-2007 RESOURCE MANAGEMENT PLAN (Operating Budget)
FY 2006-2010 Capital Budget (CIP)
The following registered to speak:
Rebecca Voskeritchion, 6300 East Virginia Beach Boulevard, Norfolk, Phone: 461-8007, Activity
Coordinator for the Endependence Center, and requested $70,000 infunding to maintain services
to disabled Virginia Beach residents
Carl Strass, 2828 Bluebill Drive, Phone: 721-3931, expressed concern relative takingfundsfrom the
Sandbridge Tax Increment Financing
Dominic Melito, 4246 Beasley Court, Phone: 729-5672, Vice President -Virginia Beach Education
Association, advocated full fUnding of the Virginia Beach School Board Operating Budget
Leona Shuler, 2448 Rose Hall Drive, Phone: 4781-5371, President - Trantwood Lake Corporation,
represented 110 residential homes on Lake Trant. Mrs. Shuler distributed her Executive Board
presentation, entitled: "Proposed FY 2006-07 through FY 2011-12 Capital Improvement Program,
Quality Physical Environment, Storm water Management Projects and the Lake Trant Dredging Project
CIP No. 7-813.021". Said statement is hereby made a part of the record
Herb Jones, 2313 Sandpiper, Phone: 721-1103, spoke in support of the Agricultural Reserve Program
and Open Space. Funding should not be decreased or suspended
John Flora and son, Atlee, 2280 Souverain Lane, Phone: 646-4966, President - Tri Power Bike Club,
spoke in support of funding all phases of the Bikeways and Trails Plan
Fred Havens, 1665 Princess Anne Road, Phone: 426-1665, spoke in support of funding all phases
of the Bikeways and Trails Plan.
Rich Hildreth, President - Tidewater Striders, 1704 Catherine Court, Phone: 481-9027 spoke in support
of funding all phases of the Bikeways and Trails Plan
Laura W. Habr, 19th Street, Phone: 288-3861, represented CROCS and the businesses along the 11h
Street Corridor. Ms. Huber urged the expenditure of the $12-MILLION for Alternative I to improve the
19th Street Corridor. Ms. Huber mailed a petition in SUPPORT signed by various businesses
Nancy Perry, Executive Director - Virginia Beach Hotel/Motel Association, advised of VBHMA 's
unanimous endorsement of Alternative I to improve the 11h Street Corridor, which includes acquiring
an 80-foot right-ofway and creating 10-foot sidewalks. The estimated cost of the project is
$12,700,000
John Moss, 4109 Richardson, Phone: 363-7745, Chair - Virginia Beach Taxpayers Alliance, 4109
Richardson Road, Phone: 363-7745, advised the City's compensation and debt service are the two
fastest growing items. Mr. Moss suggested examining and restructuring compensation
April 25, 2006
- 32 -
Item V-LI1213.
PUBLIC COMMENT
ITEM #55145 (Continued)
Tax Rate on Personal Property, Machinery and Tools for Calendar Year 2005
FY 2006-2007 RESOURCE MANAGEMENT PLAN (Operating Budget)
FY 2006-2010 Capital Budget (CIP)
Ken Pravetz, President - Virginia Beach Professional Firefighters, 4305 Shrew Trail, Phone: 416-1120,
requested two (2) additional firefighters be placed in the Operating Budget to move toward 4-man
staffing. Mr. Pravetz requested land be found for the Thalia Fire Station
Rich Swanson, 340 Taldan, Phone: 233-0180, represented the 65-member Skaters Team and requested
a safe place to skate
Gene Hansen, 2313 Sandfiddler Road, Phone: 721-6736, represented the City's Bikeways and Trails
Committee, referenced the survey of the Parks and Recreation Department. 70.1 % of the responders
expressed adequate Bikeways and Trails being their number one concern.
Attorney Michael 1. Ash, 729 Vanderbilt Avenue, Phone: 425-5307, spoke in support of Phase II of the
Bikeways and Trails Plan
Ben Krause, 1436 Five Hill Trail, Phone: 486-3721, expressed concern relative increases in Reserve
Contingencies and Reserve for future commitments. Mr. Krause referenced last year's budget surplus
of $40-MILLION There has consistently been a $25-MILLION surplus each year since 1998
Robert Dean, Communications Director - Virginia Beach Taxpayers Alliance, 1204 Shawn Drive,
Phone: 426-6606, advised the City's debt at the close ofbusiness June 30,2001, was $980-MILLION
The debt at the beginning of this fiscal year was $1.4-BILLION (an increase of 42.7%)
Reid Greenmun, 2621 Sandpiper Road, Phone: 426-5589, expressed concern relative the Sandbridge TIF
William Bailey, 4841 Rosecroft Street, Phone: 495-0637, requested real estate tax relief, public safety
staffing for the Fire Department (3 firefighters per year) and one more fire station with four-man
staffing
There being no speakers, Mayor Oberndoif CLOSED THE PUBLIC COMMENT SESSION.
April 25, 2006
- 33 -
Item v'J/K.
RESOLUTIONS/ORDINANCES
ITEM #55146
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Resolutions/Ordinances Items 1, 2, 3 and 4 (ADDED) of the CONSENT AGENDA.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Robert M. Dyer and James L. Wood
Council Lady McClanan will vote a VERBAL NAY on Items K.1, 2 and 3.
Council Lady McClanan DISLOSED pursuant to Section 2.2-3115(G), Code of Virginia re Item K.1.
her husband and she have a ownership interest in Kempsvile Professional Center, Inc. and that
corporation owns property located at 425 South Witchduck Road (GPIN 1466 7954000000), near the
intersection of Kempsville Road and Princess Anne Road. The City Attorney has advised that she is able
to participate in this discussion fairly, objectively and in the public interest.
Council Members Diezel and Wilson voted a VERBAL NAY on Item K.3.
Councilman Reeve ABSTAINED on Item K..4 (ADDED) (Elizabeth River Environmental Study), as his
company performs environmental restorqtion and Cquncilman Reeve expects to be involved with the
Elizabeth River project restoration along the watersheds in the future.
April 25, 2006
- 34-
Item v.K.1.
RESOLUTIONS/ORDINANCES
ITEM #55147
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution re the location and major design features re Princess Anne
Road/Kempsville Road intersection improvements and Witchduck Road
Phase 1 transportation projects.
Voting:
8-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor
Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and
Rosemary Wilson
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Robert M Dyer and James L. Wood
Council Lady McClanan DISLOSED pursuant to Section 2.2-3115(G), Code of Virginia re Item K.1.
her husband and she have a ownership interest in Kempsvile Professional Center, Inc. and that
corporation owns property located at 425 South Witchduck Road (GPIN 1466 7954000000), near the
intersection of Kempsville Road and Princess Anne Road. The City Attorney has advised that she is able
to participate in this discussion fairly, objectively and in the public interest.
April 25, 2006
Citye>f Virgi:r1ia. Bea.ch
REBA S. McCLANAN
COUNCIL LADY - DISTRICT 3 - ROSE HALL
PHONE: (757) 340-8835
FAX: (757) 426-5669
April 25, 2006
Mrs. Ruth Hodges Smith, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Smith:
Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia
Pursuant to the Virginia Conflict ofInterests Act, Section 2.2-3115(G), Code of Virginia, I
make the following declaration:
1. I am executing this written disclosure regarding the Resolution to approve the
location and major design features for the Princess Anne Road/Kempsville Road
Intersection Improvements (CIP 2-048) and Witchduck Road Phase I (CIP 2-931)
Transportation Plans.
2. The nature of my personal interest is that my husband and I have an ownership
interest in Kemspville Professional Center, Inc., and that corporation owns property
that is located at 425 South Witchduck Road (GPIN 14667954000000), near the
intersection of Kempsville Road and Princess Anne Road.
3. I am a member of a group (property owners affected by the Princess Anne/Kempsville
Intersection Project) the members of which are affected by the transaction.
4. I am able to participate in this discussion fairly, objectively, and in the public interest.
3224 BURNT MILL ROAD, VIRGINIA BEACH, VA 23452-5207
Proud ReciPient of the 1998 Us. Senate Medallion of Excellence for Productivity and Qy,ality in the Public Sector.
Mrs. Ruth Hodges Smith
-2-
April 25, 2006
Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia
Accordingly, I respectfully request that you record this declaration in the official records of
City Council.
Thank you for your assistance and cooperation in this matter.
A~~
Reba S. McC1anan
Councilmember
RSM/RRI
1 A RESOLUTION TO APPROVE THE LOCATION
2 AND MAJOR DESIGN FEATURES FOR
3 PRINCESS ANNE ROAD/KEMPSVILLE ROAD
4 INTERSECTION IMPROVEMENTS PROJECT
5 (CIP 2-048) & WITCHDUCK ROAD PHASE I
6 PROJECT (CIP 2-931)
7
8
9 WHEREAS, in the opinion of the Council of the City of Virginia
10 Beach, Virginia, a public necessity exists for the construction of
11 these important roadway projects to improve transportation within
12 the City and for other related public purposes for the preservation
13 of the safety, health, peace, good order, comfort, convenience, and
14 for the welfare of the people in the City of Virginia Beach;
15 WHEREAS, a Location and Design Public Hearing was conducted on
16 February 23, 2006, ("Public Hearing") in the City of Virginia Beach
17 by representatives of the City of Virginia Beach after due and
18 proper notice for the purposes of considering the proposed location
19
and design of
Princess Anne Road/Kempsville Road Intersection
20
Improvements Project (CIP 2-048 / VDOT Project
0165-134-107, PE
21 101, RW 201, C501) and Witchduck Road Phase I Project (CIP 2-931 /
22
VDOT Project
UOOO-134-174, PE 101, RW 201, C501) (the "Projects")
23 in the City of Virginia Beach, at which hearing aerial photographs,
24 drawings, and other pertinent information were made available for
25
public
inspection
in
accordance
with
state
and
federal
26 requirements;
27 WHEREAS, all persons and parties in attendance were afforded
28 full opportunity to participate in said Public Hearing;
29 WHEREAS, representatives of the City of Virginia Beach were
30 present and participated in said Public Hearing;
31 WHEREAS, the location and design of the Projects as depicted
32 on the attached location maps were selected after extensive
33 cooperation between the City and the Citizen Advisory Committee,
34 comprised of stakeholders in the area of the Princess Anne
35 Road/Kempsville Road/Witchduck Road intersection;
36
WHEREAS, these proj ects are included in the First Cities
37 (Urban Construction Initiative) program; and
38 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
39 VIRGINIA BEACH, VIRGINIA:
40 1. The location and maj or design features of the proj ects as
41 presented at the Public Hearing conducted on February 23,
42
2006, which are set forth on the location maps attached
43
hereto, are hereby approved.
44
2. The City of Virginia Beach will acquire all rights of way
45
necessary for the Projects and certify same to the Virginia
46
Department of Transportation at the appropriate time.
47
48
49
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
25th day of April
, 2006.
CA9872
X :\OID\REAL EST A TElAcquisitions\ WORKING - CONDlAcquisition Ordinances\CA9872-Res-P AnneKmpsvilleWitchduck.doc
R-1
PREPARED: 04/06/2006
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
1LtY~ ['Jk ~
City Attorney's IC
j' I ...II. ~ ~~\II'- ~~ a 0 \I~ D-'\ If \-' Nrl/\)
,:\0\ Q )~ -1 C::~~\~ - Q ~ 0 F7 . CJ ~\~ ~-J ~'t D ~> I ~
J;::!~ r\ ,~ c:.J. \~ 0 Q. U (J \ U U D_. ~
I!f; "110 '\\ 1\, - ~o<:>:"'U .... ;'Oi-' I':;J ct ~ ~ . ro=-' \fiS]{ IJ ~ W · . ~E'
"~~ t~ J~Q ~ t
oO;(?o \I~~<lb ~\
o~ ?; A:;Q 0!] D l ~
() c> [3 D'
c> 0 \)
~<:;]"" " / [J' "6 P ~ . 0 ti D D "' 0 '~""'. Q ~
':;!JfJif/::;;l '\ 0 lL u ~ i------ .... ~ ~\~
fJ D~ [] \ JlIJ r (f~ · Vv v.. :~ti ~
"'" ~) 0 0 f-'; ~ ~l~ i
a' 0 11 C .
/) (Jr; 0 0 I ~ clf)J / ~ ~~ j Q C.C '(>'i,(c ';;.
----- -~ ~cf~~ 3/;;:J
C ~ ~~v~ V::l d~
IT G" w 0 <'^)'\ (}, #~ ~~
co <::J ' lS - (] "~ 'vv 0 t 0 I ez,-:::t'L\
~J,Q1rJ qJ! CJ ~ b '" '>~ 61e; 0&'
~~y~~ CJ ~ oA~
?1~Q~\ Cj~~~~\ orl ~ \)
~~r:.J\' ~I\ I L:J Y',).vm rt t (~)
~~~~ '~:mj ItJ/i 1 ' ~ on rmm~J g .~
~\~I~~~ ~Il~~', !( ~ ~ 0 ~ ;:'tJ~
~G_~~f1cg O~ GG~~ ~::
~~~\~-'~In~ )fjJ ~
, .' (;;j LOCATION MAP :&
v PRINCESS ANNE ROAD-KEMPSVILLE ROAD ~
~ INTERSECTION IMPROVEMENTS 0
~. ,CIP 2-048 ~ ~~
o 250 500 1,000 ~,~ o/!/U[f:~1!!Jf~'\)~~ j \~~ 0.. ?'J)/l2'
I ~ il IFee0;/.JlI/fi~m~/ /0,' l~_~~~~ 0 [Jt/~
Prenared bv P.W./Ena.lEna. Sunnart Services Bureau 2/23/06
X:\Praiects\ARC Files\AQenda Maps\PA Kempsville
~0.'~::~~~~/J1f7~J~ i 1- 1/ ,I ~ -PO Cl Cl"D D=~~N",'LJ
~~ ,,",'~l~::j[::::~~ LJ I~ L.,:=[ [)~ c ~ == 1,1111: ~;
'~ ~_~,~'I!:~~~/!~ l1l ~1r tD=i= ,.~ _.~\ ~\,
C -=----- L---Jf f r: W - E~
7~~~ ~ ~GU L' ~Il (l D f/ ~
J~ ~/~~~-i 'A'~~~~~ ~r~'\ U r '( ~S~O
l' {J fL! ~ ,..- \\ ~~~ ( 11't-----' I" ~ .~ ~
~71/ ~ !J ~'::.. ~''..i~ r::'1 . (a
~J\ ~ ! /:/~~,," ,". LJ ~ ~ ~~<:$
C:). ~ ~ \lJ \\ '''"', ~"-~ '\ ~ ~~ ~~/
"'\1.<:::1 c:: 6t.fJ '\- ' :\@g~~~ \ \~ ~~ ~~ . ~~~~~~
~ ~ 23/e -, J)'~ ~ t '~~~~~<
'>1_ ~- ~,/ ~ ~ ~ l'. ~ -'~ ~
~<:. )J <0"' \j \':\'d \ \\ D /:/ ~~ "'~ ~ I~
Q ~~I ~ ~~ [:\ r3i~'~~~a \) '~____"----',,~_,,~ ~'" f;?~~O
"lA.'- ~ \~~ ~ ' '" ------- ~ ~ ~~
~ ~ ~1 ~~j ~~ S1 ;~~, ~"~~'~~~~~-~
~ D !i1PJ~ ~ "'~~ ~----- ~
[J Q.~ . ~~~ ~ ;~1!.~~ ~ t!j~1~:' ~ ~,:~
'It. (/~~~ ~M"~ [) 'qJ '\f~~~. ~~O .~~ ') g~: "~~;\
;./t I D ~ ,)) \ /" )f) ~/ ~ 2 ~ '~h<('J ~~" ~\ "'(J 1/ ,/ t
/, U.::;:;:N 0kf) ':;,.... -.:g ~ .,.J 1\ :If;. ~~i
il {} H ~ v~!0.!;. l>::- \] I ..., '~ """'" /J =........ <
~4 ~ bru ;:: ~f>J 'J--t, J?l~ u 0 ~ iJ I ~~ CI ~~l,~-
~ D ::~Wt\::~lTh,~~~; G'1IR ~ . &i'''~~~
~. ~I + aJ. ~~."'~. a:" "~~~ }:1~ ,,~~. "'~~
t. &.l~'. ~.Uu \\ . ,,"" -~~';,~~()>O ~~
;; o~ ~() I J..- ~~I'Q ~~ ~~ (:J,~ D t:J
~ aJ~~f.--c:g~ ~ I:JJ ~ \C) \~~ D C!~:y !} 'J
iJit ~ ~//P ~I g '\~k //v, A ~ p~ G
~ .~,~ J.... 0 ] ~~ t~~~///r~
Q I ~ (J ~:) 0 <> uc~ Yj} : '\
I/J t'> 0 ~ (-;Gi'( \\)
~//~.I/ {J ..9j a ~ ~ r~f7~/I~. ~ .
'If ~ l.t)~.c--- CilfJ. lilLJ ~/~ ,
~~ r~~~~~~~-';; )0 .,y.# L: ~
~;~-l? ~ CI~ . ~al.. ~~. " ...~_
VJ ~ ~= '" ~ ~ ,.~~ => ';!i!//J / ~ ~ ~ r< ,
.44l
;16 . \~ l;: t? LOCAT~-.~~CLe, ~~ ,"
A ~ii I _ WITCHDUCK ROAD PHASE I ~~"'~
~~~~'':O ~~@~ . "~~,, .;.;: ._'ff:'. '.' ~
~:.II{.::1 111M ,~,~'~ Jll88 ..,o'\~ ,-..., t::!] ~~' ~>
J
10\
/~
'0,
~,
Prepared by PW./Eng./Eng. Support Services Bureau 3/23/06
X:\Projects\ARC Files\Agenda Maps\Witchduck Rd
- 35 -
Item V.K.2.
RESOLUTIONS/ORDINANCES
ITEM #55148
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to TRANSFER $1,400,000 within the Capital Improvement
Budget (CIP) from Fire and Rescue Station - Thalia to Fire and Rescue
Station - First Landing re increased construction costs
Voting:
8-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor
Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and
Rosemary Wilson
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Robert M Dyer and James L. Wood
April 25, 2006
1
2
3
4
5
AN ORDINANCE TO TRANSFER $1,400,000 FROM
CAPITAL PROJECT #3-021, "FIRE AND RESCUE
STATION - THALIA", TO CAPITAL PROJECT #3-017,
"FIRE AND RESCUE STATION - FIRST LANDING" TO
COVER INCREASED CONSTRUCTION COSTS
6
WHEREAS, due to the existing market conditions and increasing
7 costs for materials and labor, an additional $1,400,000 is
8 necessary for Capital Project #3-017, "Fire and Rescue Station -
9 First Landing i" and
10 WHEREAS, the additional amount needed may be transferred from
11 Capital Project #3-021, "Fire and Rescue Station - Thalia," with
12 funding to be reprogrammed to this project in future years of the
13 Capital Improvement Program.
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 That $1,400,000 is hereby transferred from capital project #3-
17 021, "Fire and Rescue Station - Thalia," to Capital Project #3-017,
18 "Fire and Rescue Station - First Landing".
20
day of
of the
April
City of Virginia Beach,
19
Adopted by the
Virginia, on the 25th
Council
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
ScwJD. ~
Management Services
, bmtt (,<.-flIA
City Attorney's fice-
CA9967
X:\PA\GG\OrdRes\First Landing Fire ORD
R-2
April 13, 2006
- 36 -
Item V.K.3.
RESOLUTIONS/ORDINANCES
ITEM #55149
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AUTHORIZE the City Manager to execute all necessary
documents to acquire 45.835 acres of land at 3180 New Bridge Road
and APPROPRIATE $1,925,070 from Open Space Acquisition
Voting:
6-3 (By Consent)
Council Members Voting Aye:
Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E.
Oberndoif, Jim Reeve, Peter W Schmidt and Ron A. Villanueva
Council Members Voting Nay:
Harry E. Diezel, Reba S. McClanan and Rosemary Wilson
Council Members Absent:
Robert M Dyer and James L. Wood
April 25, 2006
1
2
3
4
5
6
7
8
9
AN ORDINANCE TO AUTHORIZE THE
ACQUISITION OF REAL PROPERTY
TOTALING 45.835+/- ACRES LOCATED AT
3180 NEW BRIDGE ROAD, VIRGINIA
BEACH, VIRGINIA FOR $1,925,070 FROM
INEZ P. WHITE
WHEREAS, INEZ P. WHITE ("White") owns a 45.8351 acre parcel of
10 real estate located at 3180 New Bridge Road, in the City of
11 Virginia Beach, Virginia (the "Property");
12 WHEREAS, White desires to sell the Property to the City of
13 Virginia Beach (the "City");
14 WHEREAS, the City's Open Space Subcommittee has identified the
15 Property as a parcel to be considered for acquisition as part of
16 the City's open space initiative, and has recommended that the
17 Property be acquired for such purposes;
18
WHEREAS, the City Council of the City of Virginia Beach,
19 Virginia (the "City Council") is of the opinion that the
20 acquisition of the Property would further the City's open space
21 initiative;
22 WHEREAS, funding for this acquisition is available in the Open
23 Space Acquisition CIP account (CIP 4-004).
24 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
25 BEACH, VIRGINIA:
26
1.
That the City Council authorizes the acquisition of the
27 Property by purchase pursuant to S; 15.2-1800 of the Code of
28 Virginia (1950), as amended, which Property is shown on Exhibit A
29 attached hereto.
30
2 .
That the City Manager or his designee is further
31 authorized to execute all documents that may be necessary or
32 appropriate in connection with the purchase of the Property, so
33 long as such documents are in accordance with the Summary of Terms
34 attached hereto and acceptable to the City Manager and the City
35 Attorney.
36
Adopted by the Council of the City of Virginia Beach,
37
Virginia, on the 25th day of April
, 2006.
CA-9867
X:\OID\REAL ESTATE\Acquisitions\WORKING - DEEDS\Open Space Project\DF6373 - White, Inez\ord.doc
R-1
April 14, 2006
APPROVED AS TO CONTENT: LEGAL
4ift~J~,. -
/public Works/Real Estate
EXHIBIT A
LOCATION MAP FOR
PROPERTY OF INEZ P. WHITE
GPIN 2413-71-0629
SCALE: 1" = 800'
AGENDA MAP;1NEZ WHITE.DGN M.j.S.
PREPARED BY P/vv ENG. CADD DEPT.
NOVEMBER 30, 2005
SUMMARY OF TERMS
AGREEMENT FOR THE SALE OF
APPROXIMATELY 45.835 ACRES OF PROPERTY
LOCATED AT 3180 NEW BRIDGE ROAD,
VIRGINIA BEACH, VIRGINIA
OWNER:
Inez P. White
BUYER:
City of Virginia Beach
SALE PRICE:
$1,925,070 payable as follows:
$20,000.00 Deposit to be held by Byrd Realty, Inc. as Escrow Agent
$1,905,070 at Settlement by check.
SETTLEMENT
DATE:
On or before 75 days after AIS is fully executed (March 8, 2006). Due
Diligence is 60 days after contract fully executed. Settlement to occur within
15 days of that date.
SPECIAL TERMS
AND CONDITIONS:
. Property must be conveyed free and clear of all leases, tenancies and right of
possession of any and all parties other than the City.
. Seller shall prepare Deed conveying title to the Property to City and pay all expenses of
preparation of the Deed, the grantor's tax and its own attorney's fees and costs.
. City shall bear all other costs of closing and there shall be no change of use to trigger
"Roll Back" taxes unless City pays such taxes.
X:IOIDIREAL ESTATElAcquisitionslWORKlNG - DEEDSIOpen Space ProjectIDF6373 - White. Inezlsummaryofterms.doc
- 37 -
Item v'K.4.
RESOLUTIONS/ORDINANCES
ITEM #55150
ADD-ON
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution AUTHORIZING an agreement between the Army Corps of
Engineers, the Commonwealth of Virginia, the Cities of Chesapeake,
Norfolk, Portsmouth and Virginia Beach for the Elizabeth River
Environmental Study.
Voting:
8-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva
and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Abstaining:
Jim Reeve
Council Members Absent:
Robert M. Dyer and James L. Wood
Councilman Reeve ABSTAINED on Item K..4 (ADDED) (Elizabeth River Environmental Study), as his
company peiforms environmental restoration and Councilman Reeve expects to be involved in the future
with the Elizabeth River Project restoration along the watersheds.
April 25, 2006
1
2
3
4
5
6
7
8
9
10
11
A RESOLUTION AUTHORIZING AND
DIRECTING THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE
AGREEMENT BETWEEN THE ARMY, AND
THE COMMONWEALTH OF VIRGINIA, AND
THE CITIES OF CHESAPEAKE, NORFOLK,
PORTSMOUTH AND VIRGINIA BEACH FOR
THE ELIZABETH RIVER ENVIRONMENTAL
RESTORATION STUDY
WHEREAS, on July 14, 1998, the City Council of the
12 City of Virginia Beach authorized the City Manager to enter into
13 an agreement with the Army, the Commonwealth of Virginia and the
14 Cities of Chesapeake, Norfolk and Portsmouth to conduct a
15 feasibility study to determine the need for environmental
16
remediation
and
restoration
in
the
Elizabeth
River;
17
WHEREAS, the feasibility study has been completed;
18
WHEREAS, the first feasibility study recommended a
19 second "Feasibility Phase Study" to assess the extent of the
20 Federal interest in participating in additional solutions for
21 sediment remediation in Paradise Creek;
22
WHEREAS, the parties to the original agreement desire
23 to participate in the second "Feasibility Phase Study", in which
24 the contribution of the City of Virginia Beach will be a total
25 of twelve thousand five hundred dollars, payable as six thousand
26 two hundred fifty dollars ($6250.00) in FY 2006 and 2008; and
27
WHEREAS,
the work to be provided through this
28 agreement will significantly enhance the ability to restore,
29 enhance and conserve valuable resources within the City and the
30 Elizabeth River Basin.
31
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
32 CITY OF VIRGINIA BEACH, VIRGINIA:
33
That the Council authorizes and directs the City
34 Manager or his designee to execute the Amendment to the
35 Agreement between the Army, the Conunonwealth of Virginia, and
36 the Cities of Chesapeake, Norfolk, Portsmouth and Virginia Beach
37 for the Elizabeth River Environment Restoration Study on behalf
38 of the City of Virginia Beach.
39 Adopted by the Council of the City of Virginia Beach,
25th__ day of _ Apr.t 1
40 Virginia, on the
, 2006.
CA-9960
OID/ordres/ER 1amend.doc
R-1
April 21, 2006
jf~ -:fJ~.'1lC
Planning Department
APPROVED AS TO LEGAL
SUFFICIENCY:
!JJrlllP1 ;r;.lJfatd
City Attorney's Office
APPROVED AS TO CONTENT:
2
Amendment to the
Elizabeth River Environmental
Restoration Study
Between the City of Virginia Beach and
The Army, the Commonwealth of Virginia, and
The Cities of Chesapeake, Norfolk and Portsmouth
SUMMARY OF TERMS
Purpose:
To authorize the amendment to the original Elizabeth River
Environmental Restoration Study to allow for a second "Feasibility
Phase Study" to determine the extent of modifications necessary for
environmental restoration and remediation.
Premises:
The Elizabeth River Basin is located in Tidewater Virginia.
Term:
The City will not be required to provide remuneration until FY 2006
and 2008.
Responsibilities of the City:
. Pay a proportionate shore of the study costs ($12, 500.00). The
Federal sponsors are contributing 75% and the Non-Federal sponsors
are contributing 25% ($450,000.00 Commonwealth of Virginia and
Chesapeake, Norfolk, Portsmouth and Virginia Beach each $12,500.00
for a total cost of $500,000.00.
. Comply with the original agreement as modified by the addition of a
second study.
Responsibilities of the Other Parties:
· Pay their proportionate share of the study costs.
· Execute the amendment to the original agreement.
X:\OID\LAND USE DIVISION - Team Z\Ordinances & Resolutions Prepared for Council\ER 1amendST.doc
~;,'\...
,{)t;~~"'~'~ ~h
"0' F" ....... ~1
(/:3: 'll. '''''''': \Z',
(0 . :>;
\:.. ""'7' · ;;J
~.~... rr "llj
~~~~~.,:t
\..~~'l
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
A Resolution Authorizing and Directing the City Manager to Execute
an Agreement between the Army, the Commonwealth of Virginia and
the Cities of Chesapeake, Norfolk, Portsmouth and Virginia Beach for
the Elizabeth River Environmental Restoration Study
MEETING DATE: April 25, 2006
. Background: In 1998, the City of Virginia Beach entered into an agreement
with the Army, the Commonwealth of Virginia and the Cities of Chesapeake, Norfolk
and Portsmouth to conduct a feasibility study to determine the need for environmental
remediation and restoration in the Elizabeth River watershed. The first feasibility study
has been completed. The results indicated that sediment remediation in the Southern
Branch was feasible, and that a further "Feasibility Phase Study" should be conducted
for Paradise Creek to fully assess the opportunities for environmental remediation and
restoration in the Elizabeth River Basin. To authorize and fund this study requires an
amendment to the original agreement. The City's prorate total share is $12,500.00,
payable in two installments, in FY 2006 and 2008.
. Considerations: The execution of the amendment will allow the second
Feasibility Phase study to proceed. All of the participants must agree to the
amendment.
. Public Information: Publication is in the agenda.
. Alternatives: The City can refuse to enter into an agreement and provide no
further support of the feasibility study.
If the City fails to enter into the agreement by April 30, 2006, then Federal
funding may not be available.
. Recommendations: Authorize the City Manager to sign the amendment to the
Agreement.
. Attachments: Resolution and Summary of Terms
Recommended Action: Approval of the Resolution
Submitting Department/Agency: Planning ~ ""tjt/~/r
City Manager:
- 38 -
Item V-L.
PLANNING
ITEM # 55118
PLANNING
1. RADHAKRISHNA RENUKUNTA and
KA VITHI VURIMINDI
2. HERON RIDGE PROPERTIES II, L.L.C.
3. EVERGREEN VIRGINIA, L.L. C. CHECKERED
FLAG MOTOR CAR CO., INC. and STEPHEN
M. SNYDER, CO-MANAGER
4. WILLIAM FOX
5. 29 OCEAN, L.LC.
CONDITIONAL CHANGE OF ZONING
CONDITIONAL CHANGE OF ZONING
VARIANCE
CONDITIONAL CHANGE OF ZONING
MODIFICATION OF CONDITIONS
(approved March 8,2005/
October 23, 2001)
CONDITIONAL USE PERMIT
CONDITIONAL CHANGE OF ZONING
April 25, 2006
- 39 -
Item v.L.
PLANNING
ITEM # 55152
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Items 1 (DEFERRED INDEFINITELY), 3a/b and, 4 and 5 (DEFERRED until May 9,
2006),jthe PLANNING BY CONSENT AGENDA.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Robert M Dyer and James L. Wood
April 25, 2006
- 40-
Item VoL.I.
PLANNING
ITEM # 55153
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED
INDEFINITELY, an Ordinance upon application of the Ordinance upon application of
RADHAKRISHNA RENUKUNTA and KA VITHI VURIMINDI for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF RADHAKRISHNA
RENUKUNTA & KAVITHI VURIMINDI FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM AG-1 AGRICULTURAL
DISTRICT TO CONDITIONAL R-10 RESIDENTIAL DISTRICT
Ordinance upon Application of Radhakrishna Renukunta & Kavithi
Vurimindi for a Chanf!e of Zoninf! District Classification from AG-1
Agricultural District to Conditional R-10 Residential District on
property located at the eastern terminus of Chestnut Oak Way (GPIN
14955126640000). DISTRICT 7 - PRINCESS ANNE
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.
Maddox, Mayor Meyera E. OberndorJ, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Robert M. Dyer and James L. Wood
April 25, 2006
- 41 -
Item v'L.2.
PLANNING
ITEM # 55154
Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth
Floor, Phone: 499-8971, represented the applicant and advised a better plan has been submitted,
with the lots being 15,000 square feet instead of 20,000, eight (8) lots have been proposed, more than
50% open space, all lots back up to this open space, all of the specimen trees surrounding the
Weddle's stately home have been preserved and deed restrictions have been modified.
Laura Sisino, 2821 Seaboard Road, Phone: 689-2600, spoke in support, and expressed appreciation as
the new plan complies with the Princess Anne Transition Area Guidelines.
Judy Hall, 2825 Seaboard Road, Phone: 721-3358, advised the development is adjacent to the
property on two (2) sides. Mrs. Hall expressed concern re the recreation area being at her back door.
Upon motion by Councilman Reeve, seconded by Councilman Diezel, City Council ADOPTED:
Ordinance upon application of HERON RIDGE PROPERTIES II, L.L.C. for a Conditional Change of
Zoning and ALLOWED WITHDRAWAL of 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:
ORDINANCE UPON APPLICATION OF HERON RIDGE
PROPERTIES IL L.L.c. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-l AND AG-2 AGRICULTURAL
DISTRICT TO CONDITIONAL R-15 Z04061247
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Heron Ridge Properties II, LLC. for a
Chanf!e of Zoninf! District Classification from AG-1 and AG-2
Agricultural District to Conditional R-15 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 single-family homes. DISTRICT 7
- PRINCESS ANNE
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court
and is hereby made a part of the record.
WITHDRAWN
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
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 Twenty-fifih of April, Two
Thousand Six.
April 25, 2006
- 42-
Item V.L.2.
PLANNING ITEM # 55154 (Continued)
Voting: 7-2
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.
Maddox, Jim Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
Mayor Meyera E. Oberndorf and Peter W Schmidt
Council Members Absent:
Robert M Dyer and James L. Wood
April 25, 2006
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6299
DATE: April 11 ,2006
FROM:
Leslie L. Lilley
--
~
B. Kay WilSO~
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application; Heron Ridge Properties II, L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by
the City Council on April 25, 2006. I have reviewed the subject proffer agreement, dated
March 27, 2006, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW /sj
Enclosure
/cc: Kath leen Hassen
HERON RIDGE PROPERTIES II, L.L.C., a Virginia limited liability company
WILLIAM E. WEDDLE and JEAN RAY WEDDLE, husband and wife
HERON RIDGE GOLF CLUB, L.C., a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 27th day of March, 2006, by and between
HERON RIDGE PROPERTIES II, L.L.C., a Virginia limited liability company,
Grantor, party of the first part; WILLIAM E. WEDDLE and JEAN RAY WEDDLE,
husband and wife, Grantors, parties of the second part; HERON RIDGE GOLF
CLUB, L.C., a Virginia limited liability company, Grantor, party of the third part;
and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, Grantee, party of the fourth part.
WITNESSETH:
WHEREAS, the parties of the second part are the owners of a certain parcel
of property located in the Princess Anne District of the City of Virginia Beach,
containing approximately 7.56 acres which is more particularly described as
Parcel 1 in Exhibit "A" attached hereto and incorporated herein by this reference,
which parcel, along with Parcel 2 is herein referred to as the "Property"; and
WHEREAS, the party of the third part is the owner of a certain parcel of
property located in the Princess Anne District of the City of Virginia Beach,
containing approximately 0.85 acres which is more particularly described as
Parcel 2 in Exhibit "A" attached hereto and incorporated herein by reference,
which parcel along with Parcell is herein referred to as the "Property"; and
WHEREAS, the party of the first part as contract purchaser of the Property
has initiated a conditional amendment to the Zoning Map of the City of Virginia
Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning
Classification of the Property from AG-l and AG-2 to Conditional R-15; and
PREPARED BY:
~.[a SYl(IS. ROURDON. GPIN' 2403 67 5038
&YP' ~qmN /kiM.P.C. . --
2403-66-4725
1
PREPARED BY:
~ SYKIS. ~OURDON.
~ -l[RN &. 1M. P.c.
WHEREAS, the Grantee's policy is to provide only for the orderly development
of land for various purposes through zoning and other land development legislation;
and
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the
area of the Property and at the same time to recognize the effects of change, and the
need for various types of uses, certain reasonable conditions goveming the use of the
Property for the protection of the community that are not generally applicable to land
similarly zoned are needed to cope with the situation to which the Grantors' rezoning
application gives rise; and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the R-15
Zoning District by the existing overall Zoning Ordinance, the following reasonable
conditions related to the physical development, operation, and use of the Property
to be adopted as a part of said amendment to the Zoning Map relative and
applicable to the Property, which has a reasonable relation to the rezoning and the
need for which is generated by the rezoning.
NOW, THEREFORE, the Grantors, for themselves, their successors,
personal representatives, assigns, grantee, and other successors in title or
interest, voluntarily and without any requirement by or exaction from the Grantee
or its goveming body and without any element of compulsion or quid pro quO for
zoning, rezoning, site plan, building permit, or subdivision approval, hereby make
the following declaration of conditions and restrictions which shall restrict and
govern the physical development, operation, and use of the Property and hereby
covenant and agree that this declaration shall constitute covenants running with
the Property, which shall be binding upon the Property and upon all parties and
persons claiming under or through the Grantors, their successors, personal
representatives, assigns, grantee, and other successors in interest or title:
1. When the Property is developed it shall be subdivided and landscaped
substantially as depicted on the "CONCEPTUAL LAYOUT PLAN OAK BREEZE
SEABOARD ROAD, VIRGINIA BEACH, VIRGINIA FOR HERON RIDGE
2
PREPARED BY:
llfJ.m smS. ROURDON.
ri.Yf"" 'ijt:RN &. L[\!y, P.c.
PROPERTIES", dated 03/20/06, and prepared by WPL ("Concept Plan"), which has
been exhibited to the Virginia Beach City Council and is on file with the Virginia
Beach Department of Planning.
2. Except for the existing dwelling located upon the lot designated 6 on
the Concept Plan, each of the single family residential dwellings to be constructed
shall contain no less than 2500 square feet of enclosed living area, excluding
garage for one-story and no less than 2800 square feet of enclosed living area for
dwellings in excess of one-story. Each home shall have a garage for a minimum of
two (2) vehicles.
3. Except for the existing dwelling located on the lot designated 6 on the
Concept Plan, all residential dwellings constructed on the Property shall have
visible exterior surfaces, excluding roof, trim, windows, and doors, which are no
less than 75% brick, stone, stucco or similar quality materials.
4. When the Property is developed, the "DECLARATION OF PROTECTIVE
COVENANTS, CONDITIONS, RESTRICTIONS, CHARGES AND LIENS OF OAK
BREEZE", which has been exhibited to the Virginia Beach City Council and is on
file with the Virginia Beach Department of Planning, shall be recorded by the
Grantors for the purpose of subjecting the Property to the requirements set forth
therein.
5. The party of the first part recognizes that the subject site is located
within the Transition Area identified in the Comprehensive Plan of the City of
Virginia Beach, adopted on December 2, 2003. In addition to integrating
significant open spaces with a low density, high quality, housing component as
specified in the Comprehensive Plan, the party of the first part agrees to contribute
the sum of One Thousand Dollars ($1,000.00) per lot to Grantee to be utilized by
the Grantee to acquire land for open space preservation pursuant to Grantee's
Outdoors Plan. If the funds proffered by the party of the first part in this
paragraph are not used by the Grantee anytime within the next twenty (20) years
for the purpose for which they are proffered, then any funds paid and unused may
be used by the Grantee for any other public purpose. The party of the first part
agrees to make payment for each residential lot shown on any subdivision plat
prior to recordation of that plat.
3
6. Further conditions may be required by the Grantee subdivision review
and administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantors and allowed
and accepted by the Grantee as part of the amendment to the Zoning Ordinance,
shall continue in full force and effect until a subsequent amendment changes the
zoning of the Property and specifically repeals such conditions. Such conditions
shall continue despite a subsequent amendment to the Zoning Ordinance even if
the subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the Grantee in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by
the governing body of the Grantee, after a public hearing before the Grantee which
was advertised pursuant to the provisions of Section 15.2-2204 of the Code of
Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent, and if not so
recorded, said instrument shall be void.
The Grantors covenant and agree that:
( 1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the governing body of the City
of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any
noncompliance with such conditions be remedied; and (b) to bring legal action or
suit to insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding;
(2) The failure to meet all conditions and restrictions shall constitute
PREPARED BY:
I313SYK[S. ROURDON. cause to deny the issuance of any of the required building or occupancy permits as
mr'" ~ lImN &. 1M. P.c.
may be appropriate;
4
PREPARED BY:
~ SYk1:S. ROURDON.
&l~ <\lImN &. tM. P.c.
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantors shall petition the governing body for
the review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and
the Grantee.
5
PREPARED BY:
~.m SillS. ROURDON.
rlo.;<""' \l.lrnN &. 1M. P.C
WITNESS the following signature and seal:
GRANTOR:
Heron Ridge Properties II, L.L.C.,
a Virginia limited liability company
By:
ement, Inc., a Virginia
aging Member
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
vA--
The foregoing instrument was acknowledged before me this 06 day of
March, 2006, by Michael E. Barney, Vice President of M & T Management, Inc., a
Virginia corporation, Managing Member of Heron Ridge Properties II, L.L.C., a
Virginia corporation.
(ZA'L- ~j ahb~'
.....
Notary Public
My Commission Expires:
~ d{), cX{)()'l
6
WITNESS the following signatures and seals:
GRANTORS:
i?i'/~;YldJC4-
~i11iam E. Weddle
(SEAL)
r~~rd~
Jean Ra Weddle
(SEAL)
STATE ~ VIRGINI~
CITY 0 'A~ L, to-wit:
7
I/,JL
The foregoing instrument was acknowledged before me this c!1tl- day of
J:cHyMarch, ~2006, by William E. Weddle and Jean Ray Weddle, husband and
wife.
a~~k )/)~LLt~ '
~ Notary Public
My Commission Expires:
~<3o.dt)l19
7
PREPARED BY:
~.m SW[S. ROURDON.
~.~ 'HmN &. LM. P.c.
WITNESS the following signature and seal:
GRANTOR:
By:
a Virginia limited
Heron
liabili
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
ItA-
The foregoing.....instrument was acknowledged before me this ~ day of
March, 2006, by ,) .'Dl(I)(Ion He 1J,rpf , Managing Member of
Heron Ridge Golf Club, L.C., a Virginia limited liability company.
aALL ~~/~.
-- Notary Public
My Commission Expires:
~ dO. ~aJ'1
8
PREPARED BY:
11m SillS. ROURDON.
l'~ \HrnN &. lM. !J.e.
EXHIBIT "A"
PARCEL 1:
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements
thereon and the appurtenances thereunto belonging, situate, lying and being in the
Princess Anne Borough of the City of Virginia Beach, Virginia, and more particularly
described as follows:
Commencing at the dividing line between the property acquired by Fitzhugh Lee
Brown, sometimes known as Fitzhugh Lee Brown, Sr., by Deed of P. W. Ackiss, et al,
Special Commissioners, dated January 7, 1937, and recorded in the Clerk's Office of
the Circuit court of the City of Virginia Beach, Virginia, in Deed Book 186, at Page
133, and the property known as the Hartley Farm, at its intersection with the
westerly line of Highway 628, and running thence in a westerly direction along said
dividing line a distance of 300 feet to a point, which point is for the purpose of this
description the point of beginning, and running westerly along said dividing line a
distance of 350 feet to a point; thence turning and running in a southerly direction
and parallel to the westem line of said Highway 628 a distance of 650 feet, more or
less, to a point 50 feet northerly from the line of the property now or formerly known
as the Burroughs Farm; thence turning and running in an easterly direction and at
all times parallel with and 50 feet northerly from the said property now or formerly
the Burroughs Farm, 650 feet, more or less, to the westerly line of Highway 628;
thence in a northerly direction along the westerly line of said Highway 628 a distance
of 200 feet to the line of the property conveyed by Fitzhugh Lee Brown, Sr., by Deed
dated April 7, 1956, and recorded in the aforesaid Clerk's Office in Deed Book 459,
at Page 453; thence tuming and running along the southerly line of the property so
conveyed and perpendicular, or nearly so, to the said westerly line of Highway 628 a
distance of 125 feet; thence tuming and running along the westerly line of the
property conveyed by the said Deed recorded in Deed Book 459, at Page 453, a
distance of 300 feet; thence tuming and running in a westerly direction and
perpendicular, or nearly so, to the said Highway 628, a distance of 175 feet; thence
tuming and running in a northerly direction and parallel to the said Highway a
distance of 150 feet, more or less, to the point of beginning.
GPIN: 2403-67-5038
PARCEL 2:
ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of
Virginia Beach, Virginia, being known, numbered and designated as "PARCEL B-2-A"
as shown on that certain plat entitled: "PLAT SHOWING A RESUBDIVISION OF
LAND BETWEEN PARCELS A5-A AND A6-A, CITY OF VIRGINIA BEACH PROPERTY,
DEED BOOK 3305 PAGE 1405, AND PARCEL B-1 AND PARCEL B-2 EVW GROUP,
INC., DEED BOOK 3813 PAGE 1196, DEED BOOK 3809 PAGE 1018", dated
9
PREPARED BY:
".m SYl(fS. ROURDON.
m1'" . qrnN &. LEVY. P.C
November 21, 1997, Scale: I" = 200', prepared by Bengtson, DeBell & Elkin, Ltd.,
which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 263, at Pages 81 - 89.
GPIN: 2403-66-4725
ConditionalRezone / HeronRidgePropertieII / Proffer8. Blacklined
Rev.3/29/06
10
- 43 -
Item v'L.3.
PLANNING
ITEM # 55155
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, ADOPTED an
Ordinance upon application of EVERGREEN VIRGINIA, L.L.C., CHECKERED FLAG MOTOR
CAR CO., INC. and STEPHEN M. SNYDER, CO-MANAGERfor a Conditional Chanf!e ofZoninf!
and MODIFIED Conditions (approved March 8, 2005 and October 23, 2001) re incorporating
existing property into newly rezoned lot with accessory parking:
ORDINANCE UPON APPLICATION OF EVERGREEN VIRGINIA,
L.L.C and CHECKERED FLAG MOTOR Co., INC FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM R-7.5
RESIDENTIAL DISTRICT TO CONDITIONAL B-2 Z04061248
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Evergreen Virginia, L.L. C and Checkered
Flag Motor Co., Inc. for a Change of Zoning District Classification
from R-7.5 Residential District to Conditional B-2 Community Business
District on property located at 270 Clearfield Avenue (GPIN
14676623900000). DISTRICT 2 -KEMPSVILLE
AND,
ORDINANCE UPON APPLICATION OF EVERGREEN VIRGINIA, L.L.C
and STEPHEN M SNYDER, CO-MANAGER FOR A MODIFICATION OF
CONDITIONS (APPROVED MARCH 8, 2005, AND OCTOBER 23, 2001)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Evergreen Virginia, L.L. C and Stephen
M. Snyder, Co-Manager for a Modification of Conditions (approved on
March 8, 2005, and October 23, 2001) on property located at 270
Clearfield Avenue (GPIN 14676623900000) DISTRICT 2 -
KEMPSVILLE
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court
and is hereby made a part of the record.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of April, Two
Thousand Six.
April 25, 2006
- 44-
Item V.L.3.
PLANNING ITEM # 55155 (Continued)
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Robert M Dyer and James L. Wood
April 25, 2006
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6299
DATE: April 11 ,2006
FROM:
Leslie L. Lilley --.
~
B. Kay Wilson
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application; Evergreen Virginia, LLC
The above-referenced conditional zoning application is scheduled to be heard by
the City Council on April 25, 2006. I have reviewed the subject proffer agreement, dated
December 27, 2005, and have determined it to be legally sufficient and in proper legal
form. A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/sj
Enclosure
vcc: Kathleen Hassen
This Document Prepared by:
Fine, Fine, Legum & McCracken, LLP
THIS AGREEMENT made this 27th day of December, 2005, by and between RUBY B.
ROBERTS, a widow, Property Owner, and EVERGREEN VIRGINIA. LLC, a Virginia
limited liability company, Contract Purchaser, herein collectively referred to as "Grantors",
parties of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of
the Commonwealth of Virginia, Grantee, party ofthe second part.
W J. T N E ~ ~ E T H:
\VHEREAS, Property Owner is the owner:of certain p~:cels of property located in the
Lynnhaven Borough district of the City of Virginia Beach, more particularly described as
follows:
See Exhibit "A"
said parcels hereinafter collectively referred to as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the zoning map of the
City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning
Classification of the Property from R-7.5 Residential District to Conditional B-2 Community
Business District (Conditional); and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible
development of various types of uses conflict and that in order to permit different types of uses
on and in the area of the Property and at the same time to recognize the effects of change that will
be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use
GPIN Nos. 1467-66-2390-0000
of the Property for the protection of the community that are not generally applicable to land
similarly zoned are needed to resolve the situation to which the Grantor's rezoning application
gives rise; and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior
to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map
with respect to the Property, the following reasonable conditions related to the physical
development, operation, and use of the Property to be adopted as a part of said amendment to the
Zoning Map relative and applicable to the Property, which has a reasonable relation to the
rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns,
Grantee, and other successors in title or interest, voluntarily and without any requirement by or
exaction from the Grantee or its governing body and without any element of compulsion or quid
pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes
the following declaration of conditions and restrictions which shall restrict and govern the
physical development, operation, and use of the Property and hereby covenants and agrees that this
declaration shall constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantor, its successors,
personal representatives, assigns, Grantee, and other successors in interest or title:
1. When the Property is developed, it shall be developed substantially as shown on the
exhibit entitled "Conceptual Site Layout and Landscape Plan of Checkered Flag Motor Car co., 270
Clearfield Avenue, Virginia Beach, Virginia" dated December 28,2005 prepared by MSA, P.C., which
has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning (hereinafter "Site Plan").
Page 2 of 6
2. When the Property is developed, it shall be landscaped substantially as depicted on the
exhibit entitled "Conceptual Site Layout and Landscape Plan of Checkered Flag Motor Car Co., 270
Clearfield Avenue, Virginia Beach, Virginia" dated December 28,2005 prepared by MSA, P.c., which
has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning (hereinafter Landscape Plan").
3. The use of the Property shall be automobile sales display area and/or accessory parking
in accordance with a conditional use permit duly approved by the City Council of the City of Virginia
Beach on October 23, 200 I and modified on March 8, 2005 .
4. Further conditions may be required by the Grantee during detailed Site Plan review and
administration of applicable City Codes by all cognizant City agencies and departments to meet all
applicable City Code requirements.
All references hereinabove to the B-2 Zoning District and to the requirements and regulations
applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the
City of Virginia Beach, Virginia, in force as of the date of approval of this agreement by City Council,
which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and accepted by
the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and
effect until a subsequent amendment changes the zoning of the Property and specifically repeals
such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning
Ordinance even if the subsequent amendment is part of a comprehensive implementation of a
new or substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record
owner of the Property at the time of recordation of such instrument, provided that such
Page 3 of 6
instrument is consented to by the Grantee in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body ofthe Grantee, after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the
Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said instrument
shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including the
authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and
(b) to bring legal action or suit to insure compliance with such conditions, including mandatory
or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, the Grantor shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoni~g of the Property, and the ordinances and the conditions may be
made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the
Page 4 of 6
Grantors and the Grantee.
WITNESS the following signatures and seals:
EVERGREEN VIRGINIA, LLC
r.....
:'/' ~ r.
1" .)'.'.-r-
VI\.,' v; " j\ .// ,"".0
......... , .t,..t.....7 _ . ~ ,-. r.:..-/.o -' """'l ), J'. ..,
Ruby B. Roberts' - -
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Arlene A. Kilgore, a Notary Public in and for the City and State aforesaid, do hereby
certify that Stephen M. Snyder, duly authorized Co-Manager of Evergreen Virginia, LLC, whose
name is signed to the foregoing instrument dated the 27th day of December, 2005 did personally
appear before me in my City and State aforesaid and acknowledge the same before me.
GIVEN under my hand and seal ~ day Ojt'12~r~
Notary pUb':- . U
My commission expires: September 30, 2005
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, 4- ki}<- fl. k;. /1 II /-c- , a Notary Public in and for the City and State
aforesaid, do hereby certify that Ruby B. Roberts, whose name is signed to the foregoing
instrument dated the 27th day of December, 2005 did personally appear before me in my City and
State aforesaid and acknowledge the same before me.
GIVEN under my hand and seal this ~ day of December, 2905
/T/J /)?' ..
vUL1/--,,0- u..--. .' \.....
Notary Public !
My commission expires: September 30, 2007
Page 5 of 6
Exhibit "A"
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon,
lying, situate and being in the City of Virginia Beach (formerly Princess Anne County), Virginia,
and known, numbered and designated as Lot 19, as shown on that certain plat of Clear Acres,
which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach (formerly Princess Anne County), Virginia, in Map Book 13, at Page 57, reference to
which is hereby made for a more particular description of said property.
Page 6 of 6
- 45 -
Item v,L. 4.
PLANNING
ITEM # 55155
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, ADOPTED an
Ordinance upon application of WILLIAM FOXfor a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WILIAM FOX FOR A
CONDITIONAL USE PERMIT FOR A FACILITY OF AN OUTDOOR
NATURE (PAINTBALL PARK) R0634I54
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of William Fox for a Conditional Use
Permit for a recreational facility of an outdoor nature (paintball park)
on property located at 2968 Holland Road (GPIN 14953347740000)
DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. No permanent structures, associated with the paintball park operation, shall be permitted on the site.
2. The hours of operation shall be limited to 9:00 A.M. to dusk.
3. The operation shall comply with standards set forth by the American Paintball League.
4. All paintball activity, (parking, play and otherwise), shall be located in the wooded area depicted on
the plan entitled, "Site Plan of Paintball Park for William Fox, " dated 12/21/2005, which has been
displayed to the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning. Any expansion beyond those limits depicted on the Plan shall require additional review
and approval of a modification of these conditions to be granted by the City Council.
5. This Use Permit shall be administratively reviewed on an annual basis.
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 Twenty-fifth of April, Two
Thousand Six.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Robert M Dyer and James L. Wood
April 25, 2006
- 46-
Item v'L.5.
PLANNING
ITEM # 55156
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until
the City Council Session of May 9, 2006, Ordinance upon application of 29 OCEAN, L.L.C. for a
Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF 29 OCEAN, L.L.c. FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
RT-3, A-36 AND A-12 TO CONDITIONAL RT-3
Ordinance upon application of 29 Ocean, 1.1. C. for a Change of
Zoning District Classification from RT-3 Resort District, A-36
Apartment District and A -12 Apartment District to Conditional
RT-3 Resort Tourist District with a Laskin Road Gateway Overlay
on rroperty located on the northeast corner of Arctic Avenue and
29t Street and on the south side of 29th Street, approximately 100
feet east of Arctic Avenue (GPINS 24280122750000;
24280122230000;24280112720000;2480112210000;24280114720
000;24280114200000;2480103790000;2428010308000).
DISTRICT 6 - BEACH
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Robert M Dyer and James 1. Wood
April 25, 2006
Item V-M.l.
- 47-
APPOINTMENTS
ITEM # 55156
BY CONSENSUS, City Council RESCHEDULED:
BEACHES and WATERWAYS COMMISSION
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
MEAL TAX TASK FORCE
MINORITY BUSINESS COUNCIL
OCEANA LAND USE CONFORMITY COMMITTEE
SOUTHEASTERN PUBLIC SERVCIE AUTHROITY - SPSA
SPORTS AUTHORITY OF HAMPTON ROADS
April 25, 2006
- 48 -
Item V-Po
ADJOURNMENT
ITEM # 55125
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:15 P.M.
~__~:__2!!~~_f)
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
th Hodges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
April 25, 2006