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JULY 11, 2006 MINUTES CITY OF VIRGINIA BEACH A COMMUNITY FOR A LIFETIME CITY COUNCIL MA YOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. "Bill" DESTEPH, At-Large HARRY E. DlEZEL Kempsville - District 2 ROBERT M. "Bob" DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 RON A. VILLANUEVA, At-Large JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CITY COUNCIL AGENDA CITY MANAGER -JAMES K SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES SMITH, MMC 11 JULY 2006 I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:00PM A. PARKS AND RECREATION - Customer Service Survey/Focus Group Results Cindy Curtis, Director, Parks and Recreation II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION Conference Room 3:30PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION Council Chamber 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Robert Cooper Pastor, Francis Asbury United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. ELECTION OF THE VICE MAYOR 2006 - 2008 G. OATH OF OFFICE - VICE MAYOR Tina E. Sinnen, Clerk of Circuit Court H. MAYOR'S FORMAL SEATING OF CITY COUNCIL I. MINUTES INFORMAL and FORMAL SESSIONS June 27,2006 1. PUBLIC HEARING 1. LEASE OF CITY OWNED PROPERTY Atlantic Bistro, LLC t/a Ribley's - 910 Atlantic Avenue K. AGENDA FOR FORMAL SESSION L. CONSENT AGENDA M. ORDINANCES 1. Ordinances to AMEND the City Code: a. ~5-1 02 to designate Virginia Wild Horse Rescue as an entity recognized for the protection and relocation of wild horses b. ~2-230 to increase the penalty fee for passing bad checks to $35 in accordance with State law 2. Ordinance to GRANT a franchise for an Open Air Cafe in the Resort Area to Atlantic Bistro, LLC tla Ribleys 3. Ordinance to DESIGNATE St. Gregory the Great Catholic Church as EXEMPT from local Real and Personal Property Taxation 4. Ordinance to AUTHORIZE acquisition of two parcels of land in Oceana Gardens, either by agreement or condemnation, in fee simple, re the Southeastern Parkway/Greenbelt project 5. Ordinance to AUTHORIZE a temporary encroachment into City property to LITCHFIELD MANOR PHASE 2 HOMEOWNER'S ASSOCIATION, INC. to maintain a flag pole, electrical conduit, brick wall with neighborhood identification sign and lighting at Litchfield Way and Holland Road 6. Ordinances to APPROPRIATE and or TRANSFER: a. APPROPRIATE $150,000 from the DEA Seized Property Special Revenue Fund b. TRANSFER $300,000 from Reserve for Contingencies to the Police Capital Budget re helicopter replacement, air ambulance and expansion of hangar c. TRANSFER $200,000 from Reserve for Contingencies to the Fire FY -2006-07 Budget re validity of the selection process for applicants d. TRANSFER $225,000 within the School's Capital Budget to renovate tennis courts at Green Run, Salem and Tallwood High Schools N. PLANNING 1. Applications ofVERIZON WIRELESS for Modification of Conditions re a Conditional Use Permit to allow four (4) directional panel antennas per sector on communications towers: a. 1036 Ferry Plantation Road (Approved by City Council on September 26, 1995) (DISTRICT 4 - BA YSIDE) b. 5636 Southern Boulevard (Approved by City Council on January 23, 1996) (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL 2. Application of GARY W. SMITH for a Conditional Use Permit re recreational facility of an outdoor nature (skateboard ramp) at 804 Terrace Avenue (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 3. Application of VIRGINIA BEACH CHRISTIAN LIFE CENTER dba WAVE CHURCH for a Conditional Use Permit re a church and accessory uses at Seaboard Road and Live Oak Trail (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROV AL 4. Application of KEMPSVILLE PRESBYTERIAN CHURCH for a Conditional Use Permit re a church expansion with an ancillary structure at 805 Kempsville Road (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL 5. Application of CHRISTIAN FELLOWSHIP CHURCH for a Conditional Use Permit re a church in a shopping center at 544 Newtown Road (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROV AL 6. Application of GREENBRIER TECHNOLOGY CENTER II ASSOCIATES, LLC, (Strayer University) for a Conditional Use Permit re a private college at 249 Central Park Avenue (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPROVAL 7. Application of PINE WOODS, LLC for a Chanf!e ofZoninf! District Classification from A-12 Apartment to Conditional RT -3 Resort Tourist at 524 Laskin Road (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 8. Ordinances to AMEND and REORDAIN the City Zoning Ordinance (CZO): a. 9104 re civil penalties for violations of commercial vehicles and recreational equipment, increase the penalties and REPEAL ~2l7 pertaining thereto. b. ~ 1809 re allowing certain Conditional Uses as principal uses in Accident Potential Zone l(APZ-l) in 1-2 Industrial Districts. RECOMMENDATION: APPROVAL O. APPOINTMENTS BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS - New Construction BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD EASTERN VIRGINIA HEALTH SYSTEMS AGENCY INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA OCEANA LAND USE CONFORMITY COMMITTEE PARKS AND RECREATION COMMISSION SOCIAL SERVICES BOARD SPORTS AUTHORITY OF HAMPTON ROADS P. UNFINISHED BUSINESS Q. NEW BUSINESS R. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** CITY COUNCIL SESSIONS RESCHEDULED July 18,2006 July 19 - August 7, 2006 August 8, 2006 Briefing, Informal and Formal Sessions City Council Vacation Resume Regular Schedule ******** 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 7/11/06 stlmb www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 11 July 2006 Mayor Meyera E. Oberndorf called to order the City Council Comment Session in the City Council Conference Room, City Hall, on Tuesday, July 11, 2006, at 2:00 P.M. Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Absent: James L. Wood [Entered: 3:10 P.M.} July 11,2006 - 2 - MA YOR 'S COMMENTS 2:08 P.M. ITEM # 55396 Mayor Oberndorf advised her delay in amvmg was the result of a Washington Post reporter questioning her concerning the exoneration of the Witch of Pungo (Grace Sherwood). The Mayor advised she had no personal knowledge of this woman. Mayor Oberndoif referenced the article in The Virginian-Pilot, this morning, July 11, 2006, entitled "Spell as "witch" proclaimed over". This story also appeared on the CNN News. July 11,2006 - 3 - C IT Y MANA G E R 'S B R IE FIN G PARKS AND RECREATION - Customer Service Survey/Focus Group Results ITEM # 55397 2:08 P.M. Cindy Curtis, Director of Parks and Recreation advised the Strategic Planning process commenced December 2004. Parks and Recreation is conducting a comprehensive evaluation of its system, service offerings, recreation programming and facility development needs to support the development of a strategic plan. The strategic plan will identifY a long term vision and strategies to guide the Department for the next ten (10) years. The majority of the work has been undertaken by Parks and Recreation staff with assistance from the community and other stakeholders. The results of this survey will be used to assist in setting goals and determining the priorities of the community, and reevaluating the delivery systems. Facilities and programs that the community assigned high priorities to are not guaranteed to be funded or implemented immediately. Ms. Curtis introduced Pete Hangen, Project Manager - Strategic Planning Process. Mr. Hangen advised the Strategic Plan is intended to be an open and public comment process. The four (4) components of the process were detailed: key leadership interviews with City Council and Senior City Staff, focus groups with Parks and Recreation staff, four (4) public forums at various locations throughout the City and a Citizen Survey. In November of 2005, surveys were mailed to a random sample of 2,500 households in the City of Virginia Beach. Approximately three (3) days after the surveys were mailed, each household that received a survey also received an electronic voice message encouraging them to complete the survey. The return rate was twenty-one (21%) percent. In addition to requesting suggestions re programs and facilities, the Department also captured the demographics of the respondents (age, gender, race, income, years residing in Virginia Beach, planning area and zip code). The demographics of the survey responders statistically match the demographics of the City of Virginia Beach. Citizen Survey Highlights Usage Facility Needs Program Needs Funding Pricing Citizen Survey - Usage What programs and services do you use for recreation? 58% City of Virginia Beach parks 45% City of Virginia Beach recreation services 37% Churches 32% Private or public schools 28% Neighboring cities or statelfederal parks 14% None - Do not use Of the 72% of respondents that have visited City parks during the past year, 88% rated the physical condition of all the parks they have visited as either excellent (26%) or good (62%). An additional 11% of respondents rated the parks as fair, and only 1% rated them as poor. However, a "Best in Class" organization would have a 50% participation rate in programs. 34% of respondents have participated in City recreation programs during the past year. July 11, 2006 - 4 - C IT Y MAN AGE R 'S B R IE FIN G PARKS AND RECREATION - Customer Service Survey/Focus Group Results ITEM # 55397 (Continued) One component of the survey was to conduct a needs assessment for both facilities and programs Citizen Survey - Facility Needs (Top 9 Choices) Walking and Biking Trails Large Community Parks Recreation Centers Natural Areas/Nature TrailsINature Center Off Leash Dog Parks Picnic Shelters/Picnic Areas Small Neighborhood Parks Children's Playgrounds Indoor Fitness and Exercise Facilities Citizen Survey - Facility Needs (Top 9 Choices) Citizen Survey - Program Needs Adult Fitness and Wellness Youth Learn to Swim Water Fitness Youth Sports Nature Based Activities Large Special Events in Parks Youth Summer Camp Music Programs Environmental Education Citizen Survey - What to Fund Renovate/develop walking and biking trails Purchase land for passive use Develop new indoor recreation facilities Renovate/develop youth athletic fields Purchase land for sports venues Renovate/develop on-road bike lanes Develop environmental areas and nature center There is strong support for maintaining existing facilities and developing new facilities for both active and passive recreation. Citizen Survey - Funding Priorities 23% Improvements and maintenance of existing parks and playgrounds 19% Construction of new sports facilities 17% Acquisition and development of walking and biking trails 15% Improvements and maintenance of existing recreation centers 13% Development of new indoor recreation facilities 9% Acquisition of new park and open space 4% Other July 11,2006 - 5 - CITYMANA GER 'S BRIEFING PARKS AND RECREATION - Customer Service Survey/Focus Group Results ITEM # 55397 (Continued) Citizen Survey - Pricing High Subsidy Youth Programs Before & After School Programs Recreation Centers Senior Programs Special Events and Festivals Classes Adult Programs Golf Low or No Subsidy The community and stakeholder input has been synthesized into four (4) over-arching community values enabling delineation of core programs and facilities important to the community: Community Access A system that supports community access - physically, economically and socially Priorities: Physical Connectivity Improved Transportation Tiered Level of Service Community Level of Service TheEnv~onmenVOutdoo~ Facilities and programs that enable citizens and visitors to be outdoors and enjoy the environment Facility Priorities Hiking, Walking and Biking Trails Large Community Parks Natural areas, nature trails, nature center Program Priorities Nature Based Programs Environmental Education Healthy Lifestyles Facilities and programs that enable citizens and visitors to pursue healthy, active lifestyles Facility Priorities Recreation Centers Indoor fitness and exercise facilities Program Priorities Adult fitness and wellness programs Youth learn to swim Water fitness programs Youth sports programs July 11,2006 - 6 - C IT Y MAN AGE R 'S B R IE FIN G PARKS AND RECREATION - Customer Service Survey/Focus Group Results ITEM # 55397 (Continued) Stewardship Citizens expect the City to maintain and improve existing indoor and outdoor facilities Priorities Improvement and maintenance of existing parks and playgrounds Improvement and maintenance of existing recreation centers Next Steps Identify core programs and facilities based on citizen priorities Establish levels of service for core programs and facilities Determine the financial/revenue requirements and partnership opportunities Develop an organizational structure to support and accomplish community priorities Policy Direction Parks and Recreation will develop a strategy to align the department's resources to support delivery of core services and facilities. Council will be asked to review and ratify the plan. Council Lady McClanan inquired if the citizen's survey included a statement the City would support activities through taxes. Mr. Hangen advised the actual question No. 14 was: "Whichfour (4) of the items contained in the list would you be most willing to fund with tax dollars?" Ms. Curtis advised this community, because of what they have supported through their taxes, rated some things to be more subsidized than other communities, typically Recreation Centers. This community appreciates their contribution to the longer term operation of the Recreation Centers. In most communities, Recreation Centers are expected to cover their expenses by revenue generated internally versus tax support. Children's recreational programs are definitely a driver in this community, both in the Before and After School, Camp, Learn to Swim, and Athletic Programs. Parks and Recreation believes there is a need to increase activities for Seniors. The "Baby Boomers" are much more active than previous senior populations. Mayor Oberndorf inquired re bicyclists. One citizen, member of the Bikeways and Trails Advisory Committee, contributed approximately $36,000 a year for a major bicycle tournament to benefit Cancer. He has requested the City examine afacility which could be utilizedfor this purpose. July 11,2006 - 7 - C IT Y MAN AGE R 'S B R IE FIN G PARKS AND RECREATION - Customer Service Survey/Focus Group Results ITEM # 55397 (Continued) Ms. Curtis advised bikeways and trails are the Number One concern of the City. Currently, there is a project in the Capital Improvement Program to build a one mile criterion at the Sportsplex for the elite speed riders. The Bikeways and Trails Advisory Committee is involved in multiple plans to drive forward improvements for City Council's consideration. These include development of the Back Bay "Stumpy Greenway", development of 30 and 50-mile loops in Pungo, improved connectivity on current trail systems. There are 134 miles of developed trails, some of which are off road, but not well connected. Council Lady Henley referenced the Pungo Loop. This is not trails, but just on the road. Ms. Curtis advised this has been deemed to have the safest traveling roads without shoulders. Long term, a plan has been developed which would necessitate $20-MILLION to provide the additional shoulders, which is a best case scenario. Council Lady Henley advised there are many blind curves in this area. It is not a matter, if someone gets hurt, but when. Ms. Curtis advised this is a dual responsibility and bicyclists at this level must remind themselves of their accountability and responsibility to share the road. In response to Council Lady Wilson, Ms. Curtis advised Parks and Recreation is working with Public Works on any new road during its design stage and negotiating with them. The Bikeways and Trails Advisory Committee reviews all new transportation plans for roadways. Parks and Recreation has agreed with Public Works that wherever possible, there will be a ten (lO)-foot wide asphalt path on both sides of the road to allow for off road biking. Council Lady McClanan does not believe there should be a road in this City that is not built with some means of providing for bicycles. Councilman DeSteph advised he is an avid bicyclist and recommended a separate brief be developed by Parks and Recreation for City Council concerning the plan. Councilman Villanueva advised this Summer his company and two (2) of his sister companies are renting a school facility. There are approximately eighty (80) schools with gymnasiums and this would make an excellent revenue stream for wellness programs. Ms. Curtis advised Parks and Recreation utilizes sixty- three (63) school sites offering camp programs; however, in the evening and weekends schools are available. Ms. Curtis advised the ownership group of the Mariners has approached the City regarding interest of the 60 to 80 acres next to the Sportsplex, which has not been developed. A study is currently being developed in terms of the financial efficacy of a public-private partnership for a long term lease of that property to develop additional athletic facilities that would support soccer, as a business and soccer for the community, as well as other multi-purpose use fields. A Briefing will be scheduled during a September City Council Session relative this activity. July 11,2006 - 8 - CITY COUNCIL LIAISONS ITEM # 55398 2:55 P.M. Council Members Dyer and Villanueva referenced the first Meeting of the Meals Tax Task Force last week. Delegate Welch, a number of School Board Members, as well as members of the Restaurant Association and Minority Business Council attended. The purpose of the Task Force is not to roll back the Meals Tax or interfere with the tax revenues. The session was very productive. City Council reviewed the appointments of: CITY COUNCIL LIAISONS AD HOC COMMITTEES CERTIFICATES OF PUBLIC NEED - {Medical Carel Vice Mayor Louis R. Jones Reba S. McClanan CITY/SCHOOL CONSOLIDATION Rosemary Wilson James L. Wood COX FRANCHISE RENEWAL STEERING COMMITTEE Ron Villanueva Harry E. Diezel JOINT CITY/SCHOOL MODERNIZATION Rosemary Wilson Robert M. "Bob" Dyer Ron Villanueva JOINT CITY/SCHOOL REVENUE SHARING Mayor Meyera E. Oberndorf Vice Mayor Louis R. Jones LEGISLATIVE COORDINATION Rosemary Wilson Ron A. Villanueva MILITARY APPRECIATION DAY Mayor Meyera E. Oberndorf Rosemary Wilson MILITARY "BRAC" ADVISORY COMMITTEE Mayor_Meyera E. Oberndorf Vice Mayor Louis R. Jones SCHOOL SITE SELECTION COMMITTEE Vice Mayor Louis R. Jones John E. Uhrin BOARDS and COMMISSIONS AGRICULTURAL ADVISORY Barbara M. Henley BEACHES and WATERWAYS William R. "Bill" DeSteph Rosemary Wilson July I I, 2006 - 9 - CITY COUNCIL LIAISONS ITEM # 55398 (Continued) BIKEWAYS and TRAILS ADVISORY COMMITTEE Barbara M. Henley William R. "Bill" DeSteph DEVELOPMENT AUTHORITY Vice Mayor Louis R. Jones Rosemary Wilson INVESTMENT PARTNERSHIP ADVISORY COMMITTEE John E. Uhrin MILITARY LIAISON COMMITTEE Mayor Meyera E. Oberndorf Vice Mayor Louis R. Jones James K. Spore Leslie L. Lilley MINORITY BUSINESS COUNCIL Ron Villanueva Robert M. "Bob" Dyer OPEN SPACE ADVISORY COMMITTEE Barbara M. Henley Robert M. "Bob" Dyer REVIEW and ALLOCATION - COG William R. "Bill" DeSteph SHORE DRIVE ADVISORY COMMITTEE Vice Mayor Louis R. Jones James L. Wood TOWING ADVISORY BOARD Harry E. Diezel John E. Uhrin VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Vice Mayor Louis R. Jones William R. "Bill" DeSteph VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD Rosemary Wilson James L. Wood TASK FORCES - EXTERNAL AGENCIES AICUZ LAND USE TASK FORCE Mayor Meyera E. Oberndorf Vice Mayor Louis R. Jones HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE Mayor Meyera E. Oberndorf Donald Maxwell HAMPTON ROADS PARTNERSHIP Mayor Meyera E. Oberndorf HAMPTON ROADS PLANNING COUNCIL Rosemary Wilson July 11, 2006 - 10- CITY COUNCIL LIAISONS ITEM # 55398 (Continued) HAMPTON ROADS PLANNING DISTRICT COMMISSION - {HRPDCl Barbara M. Henley HAMPTON ROADS TRANSPORTATION DISTRICT COMMISSION - {HRTl John E. Uhrin Jim Wood REAL ESTATE TAX RELIEF FOR SENIOR CITIZENS TASK FORCE Barbara M. Henley Ron Villanueva SOUTHEASTERN PUBLIC SERVICE AUTHORITY - {SPSAl William R. "Bill" DeSteph Michael Barrett WATER TASKFORCE Mayor Meyera E. Oberndorf James K. Spore Vice Mayor Louis R. Jones Leslie L. Lilley SPECIAL PROJECTS CONVENTION CENTER John E. Uhrin William R. "Bill" DeSteph ELIZABETH RIVER - EASTERN BRANCH Harry E. Diezel GOLF COURSE Harry E. Diezel Vice Mayor Louis R. Jones JOINT LAND USE TASK FORCE Mayor Meyera E. Oberndorf Vice Mayor Louis R. Jones LYNNHA VEN RIVER Vice Mayor Louis R. Jones William R. "Bill" DeSteph OLD BEACH DISTRICT ADVISORY BOARD {includes }cjh STREET CORRIDOR Ron Villanueva John E. Uhrin PERFORMING ARTS THEATRE Mayor Meyera E. Oberndorf James L. Wood PRINCESS ANNE / WITCHDUCKlKEMPSVILLE ROADS INTERSECTION Harry E. Diezel Robert M. "Bob" Dyer RUDEE LOOP Vice Mayor Louis R. Jones John E. Uhrin SANDBRIDGE / FERRELL ROADS Barbara M. Henley Vice Mayor Louis R. Jones July 11, 2006 - 11 - CITY COUNCIL LIAISONS ITEM # 55398 (Continued) SOUTHEASTERN PARKWAY/GREENBELT Vice Mayor Louis R. Jones Barbara M. Henley Harry Diezel, Alternate THIRTY-FIRST STREET DEVELOPMENT John E. Uhrin William R. "Bill" DeSteph TOWN CENTER Vice Mayor Louis R. Jones James L. Wood VIRGINIA ACOUARIUM and MARINE SCIENCE MUSEUM FOUNDATION William R. "Bill" DeSteph James L. Wood John E. Uhrin, Alternate July 11, 2006 - 12 - CITY MANA GER 'S BRIEFING RESORT OPERATIONS - Issues, Challenges and Police Strategies 3:27 P.M. ITEM # 55399 The City Manager introduced Captain Dennis E. Free, Commanding Officer of the Second Precinct and Deputy Chief Gregory G. Mullen, Police Operations Division, who were in attendance to respond to City Council concerns regarding the Midnight Closing of the Municipal Parking Lots during the July Fourth weekend. Deputy Chief Mullen advised crowds and their management have always been a concern at the Oceanfront in the City's continued effort to develop and keep the Oceanfront a family friendly resort. This is an evolving challenge and requires constant attention. Regulatory Oceanfront initiatives encompass: noise enforcement, cuifew violations, cruising ordinance, residential parking, towing enforcement and common nuisance. Initiatives - Intervention Active Chaplains Youth Intervention Courtesy Patrol Deployment Methods Oceanfront Community Policing (OCOP) (Grant resulted in (25 officers permanently assigned to Oceanfront) Establishment of the Review Task Force (ERTF) (multiple disciplinary group: fire, police, zoning and health departments) Gun Interdiction Passive Security Technology Lighting Upgrades Deputy Chief Mullen displayed Charts indicating "Calls for Service by Hour - 2nd Precinct - May 2006, Increasing Calls for Service (Percentage) 2005 vs. 2006 and Calls for Service by District.. Said information is hereby made a part of the record. Between 10:00 P.M. and 2:00 P.M. is the busiest time for the Officers at the Oceanfront concerning a yearly comparison, the Second Precinct calls for service have increased 7%, while the other Precincts have only increased 3% and 4%.Calls for service in the Oceanfront always spike. Deputy Chief Mullen displayed data concerning "Fight Calls" The Beachfront contributes about 16% of the calls for service over fights. Department of Justice (DOJ) studies indicated that large number of ABC venues contribute to high numbers of fights 1608 Fights in 2005 255 Beachfront 772 Fights as of May 2006 118 Beachfront July 11,2006 - 13 - C IT Y MANA G E R 'S B R IE FIN G RESORT OPERA TIONS - Issues, Challenges and Police Strategies ITEM # 55399 (Continued) Weapon Seizures Weapons 1026 Beachfront and adjacent area 239 Other areas 787 April 2005 to present Aggressive Interdiction Program Beachfront Statistical Data April throuf!h September Year Felony Misdemeanor Traffic Total 2003 125 3878 3461 7464 2004 163 4320 3585 8068 2005 214 3418 3599 7231 The 1 flh Street Parking Lots have the highest calls for service rating of any other area in the Oceanfront area. rrest an ummon a a 'y e ec lmes Times 20003 2004 2005 11 :00 P.M. - 2:00 A.M. 2971 3443 2438 % of Total 40% 43% 34% 12:00 Midnif!ht - 2:00 A.M. 2022 2285 1696 % of Total 27% 28% 23% A dS D t b Sit T.' 11 :00 P.M. - 2:00A.M. (3-year average = 39%) 12:00 Midnight - 2:00 A.M. (3-year average = 39%) Cost of Beachfront Enforcement Activities Bureau October - April May- September Total Patrol $ 1,004,041 $ 2,027,382 $ 3,034,423 Special Investigators 58,521 41,800 100,321 Investigators 283,374 202,481 485,955 H olidavs/Overtime 828,042 828,042 Total $ 1,349,035 $ 3,099,706 $ 4,448,741 At the present time, during the Summer, ninety-four (94) Police Officers are utilized. Mike Eason. Resort Programs Administrator, Convention and Visitors Bureau, advised events which sell alcohol, such as the American Music Festival cannot go past 11 :00 P.M.. A "last call" is usually issued around 10:30 P.M. There is also a limit on the number of events serving alcohol. A Committee, comprised ofrepresentatives of the Restaurant, Hotel/Motel Association, review these events. At the present time, there were only thirty-seven (37) alcohol events. July 11,2006 - 14- C IT Y MANA G E R 'S B R IE FIN G RESORT OPERATIONS - Issues, Challenges and Police Strategies ITEM # 55399 (Continued) The predominate age of the offenders (comprising approximately 60% of all encounters) at the Oceanfront are between eighteen (18) and twenty-five (25) years. Deputy Chief Mullen advised a comparison of other municipalities re parking was reviewed. Arlington County and Alexandria have a Resort Parking Permit system; however, their problems are 180% opposite from Virginia Beach (their parking problems arise during the day, not evening). Ocean City has one large parking lot with a substantial transportation system. moving up and down their main corridor. Their main corridor is a main street, and the majority of their bars and restaurants are facing the ocean. Myrtle Beach does not have any particular parking restrictions. All of their parking is on-street (meters). Norfolk has 18,000 parking spaces, but has various times lots are required to be closed (depending on location, times and events occurring). Virginia Beach has the largest number of bars per capita than any other jurisdiction in the Commonwealth. In 2004, there were 19,900 ABC establishments in Virginia, with over 800 in Virginia Beach. ABC Establishments At last count, there were 76 establishments authorized to distribute alcoholic beverages at the Oceanfront. 200 1 th Street has 5 Establishments. 2100 Atlantic also has 5 Establishments Deputy Chief Mullen outlined the Bar Mitigation strategies. Recommendations Develop standards for new construction that considers crime prevention aspects Require CPTED principles be considered in all new development in the Resort Provide a Crime Prevention Specialist a seat at the table on RAC as an advisor for future issues Continue lighting upgrades at the Resort Ensure land use policies and zoning changes support vision of the Resort Seek legislative changes to ABC enforcement and administration Approve a conditional use permit for bars and nightclubs in the Resort area Develop a strategic plan for the Resort and use the plan as a filter for future decisions and approvals. Councilman DeSteph suggested the formation of a Task Force. Deputy Chief Mullen suggested Master Police Office Jeff Eaton as the Crime Prevention Specialist representative of the Resort Advisory Commission (Planning, Design and Review Subcommittee) The Closing of the Municipal Parking Lots shall be discussed during the City Council Retreat of August 11 and 12, 2006. Representatives of the Resort Advisory Commission might also be invited to attend. July 11, 2006 - 15 - CITY COUNCIL COMMENTS 4:47 P.M. ITEM # 55400 Council Lady Henley distributed: Ordinance to require certain disclosures regarding recreational areas to prospective purchasers of property in the Princess Anneffransition Area Council Lady Henley wished the Ordinance be reviewed by City Council and scheduled for a future City Council Session. Council Lady Henley expressed concern relative approved Transition area applications. Council Lady Henley wished to make certain the areas open to the public are open to the public in the manner presented by the applicants. The system of trails has been the primary usage in stating advantage to the public. As the system of trails map is developed within the City, these trails available to the public (as a part of each of the approved Transition area developments) are also included. Location and connectivity are important aspects. "Prior to the acceptance of a real estate purchase contract, the owner of any residential real property described in subsection (a) shall furnish to a prospective purchaser, either in the real estate purchase contract, in an addendum thereto, or in a separate document, a disclosure that: "Open space and other recreational areas in the subdivision are open to, and available for use by, members of the general public without regard to ownership of property within the subdivision; and, the property owner's association or equivalent entity is responsible for maintaining liability insurance against losses occurring to persons using the open space or other recreational areas within the subdivision. " Council Lady Henley advised the only application, she has determined to provide any type of disclosure was "Victoria Park". One of the conditions indicated the open space areas shall be public and appropriately noted on each plat. It is very important that the purchasers of property in the Transition area developments understand at the time of purchase, these areas are going to be open and utilized by the public, even though owned and maintained by the Homeowners' Association. Council Lady Henley wished this to apply to all sales of the properties, not just the initial sale. Council Lady Wilson requested the City Attorney review the issue and determine the type of documentation in place (i.e. Homeowners or Condo Associations disclosures) ITEM # 55401 Councilman DeSteph referenced attending the Insight Business Brealifast, July 6, 2006. Federal, State and local officials and over one hundred (100) business leaders were in attendance. Councilman DeSteph extended appreciation to Economic Development and all involved for this momentous event July 11, 2006 - 16 - CITY COUNCIL COMMENTS ITEM # 55402 Council Lady McClanan referenced the Special Session of June 30, 2006: Recognition of retiring Members of City Council Installation with Oath of Office to 2006-2010 Members of City Council. The ceremony was followed by a Reception in the beautiful Volunteer Garden. Council Lady McClanan expressed appreciation for the lovely and well conducted event. Council Lady McClanan was grateful for the dedicated efforts of all City staff, particularly our City Clerk, Ruth Hodges Smith. July 11, 2006 - 17 - AGE N DA REV IE W S E S ION 5:07 P.M. ITEM # 55403 The City Attorney referenced an ADDED Public Hearing to the Agenda. It was properly advertised, but omitted from the printed Agenda. Oceana Gardens Acquisition by Agreement or Condemnation. ITEM # BY CONSENSUS, the following items shall compose the CONSENT AGENDA: M. ORDINANCES 1. Ordinances to AMEND the City Code: a. i5-102 to designate Virginia Wild Horse Rescue as an entity recognized for the protection and relocation of wild horses b. i2-230 to increase the penalty fee for passing bad checks to $35 in accordance with State law 2. Ordinance to GRANT a franchise for an Open Air Cafe in the Resort Area to Atlantic Bistro, LLC t/a Ribleys 3. Ordinance to DESIGNATE St. Gregory the Great Catholic Church as EXEMPT from local Real and Personal Property Taxation 4. Ordinance to AUTHORIZE acquisition of two parcels of land in Oceana Gardens, either by agreement or condemnation, in fee simple, re the Southeastern Parkway/Greenbelt project 5. Ordinance to AUTHORIZE a temporary encroachment into City property to LITCHFIELD MANOR PHASE 2 HOMEOWNER'S ASSOCIATION, INC. to maintain a flag pole, electrical conduit, brick wall with neighborhood identification sign and lighting at Litchfield Way and Holland Road 6. Ordinances to APPROPRIATE and or TRANSFER: a. APPROPRIATE $150,000 from the DEA Seized Property Special Revenue Fund b. TRANSFER $300,000 from Reserve for Contingencies to the Police Capital Budget re helicopter replacement, air ambulance and expansion of hangar c. TRANSFER $200,000 from Reserve for Contingencies to the Fire FY-2006-07 Budget re validity of the selection process for applicants d. TRANSFER $225,000 within the School's Capital Budget to renovate tennis courts at Green Run, Salem and Tallwood High Schools Council Lady McClanan will vote a VERBAL NAY on Item 6.c. (Fire selection process for applicants) July 11, 2006 - 18 - AGENDA RE VIE W SESION ITEM # 55404 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: N PLANNING 1. Applications of VERIZON WIRELESS for Modification of Conditions re a Conditional Use Permit to allow four (4) directional panel antennas per sector on communications towers: 1036 Ferry Plantation Road (Approved by City Council on September 26, 1995) (DISTRICT 4 - BAYSIDE) 5636 Southern Boulevard (Approved by City Council on January 23, 1996) (DISTRICT 2 - KEMPSVILLE) 2. Application of GARY W SMITH for a Conditional Use Permit re recreational facility of an outdoor nature (skateboard ramp) at 804 Terrace Avenue (DISTRICT 6 - BEACH) 4. Application of KEMPSVILLE PRESBYTERIAN CHURCHfor a Conditional Use Permit re a church expansion with an ancillary structure at 805 Kempsville Road (DISTRICT 2 - KEMPSVILLE) 5. Application of CHRISTIAN FELLOWSHIP CHURCHfor a Conditional Use Permit re a church in a shopping center at 544 Newtown Road (DISTRICT 2 - KEMPSVILLE) 6. Application of GREENBRIER TECHNOLOGY CENTER II ASSOCIATES, LLC, (Strayer University) for a Conditional Use Permit re a private college at 249 Central Park Avenue (DISTRICT 5 - LYNNHA VEN) 7. Application of PINE WOODS, LLC for a Chanf!e of Zoning District Classification from A-12 Apartment to Conditional RT-3 Resort Tourist at 524 Laskin Road (DISTRICT 6 - BEACH) 8. Ordinances to AMEND and REORDAIN the City Zoning Ordinance (CZO): a. 9104 re civil penalties for violations of commercial vehicles and recreational equipment, increase the penalties and REPEAL 9217 pertaining thereto. b. 91809 re allowing certain Conditional Uses as principal uses in Accident Potential Zone 1 (APZ-l) in 1-2 Industrial Districts. July 11,2006 - 19 - ITEM # 55405 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 thefollowingpurpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) To Wit: Appointments: Council Appointments: Boards, Commissions, Committees, Authorities and Agencies PUBLIC CONTRA CT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms and scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A) (30) PPEA 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 - Virginia Dominion Power ROW Princess Anne District SE Parkway ROW Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION (5:11 P.M.). July 11,2006 - 20- ITEM # 55405 (Continued) Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. OberndorJ, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session: 5:11 P.M. - 5:45 P.M.) (Dinner: 5: 45 P.M. -6:00 P.M.) July 11,2006 - 21 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 11, 2006 6:00 P.M. Mayor Meyer E. Oberndorfcalled to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 11,2006, at 6:00 P.M. Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION- Reverend Robert Cooper Pastor, Francis Ashbury United Methodist Church Judge Philip Russo, who passed away on Friday morning, July 7, 2006, was remembered in the Prayers of City Council. Sincere and deep sympathy was expressed to his widow, Mary Russo. 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. July 11, 2006 - 22- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 55406 Upon motion by Councilman Dyer, seconded by Vice Mayor Jones, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 11, 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 # 55405, Page 19, and in accordance with the provis.ons of The Virginia Freedom of Information A~ and, WHEREAS: Section 22-3712 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 RESOL VEl>. That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~..d.tf"~~ th Hodges mith, MMC City Clerk July 11, 2006 - 23 - Item V-F. ELECTION OF THE VICE MAYOR 2006 - 2008 ITEM# 55407 Upon NOMINATION by Council Lady Wilson, City Council ELECTED: Louis R. Jones Bayside - District 4 Vice Mayor 2-year term July 1,2006 - December 31,2008 Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 11, 2006 - 24- Item V-G. OATH OF OFFICE - VICE MAYOR ITEM # 55408 The Honorable Tina E. Sinnen, Clerk of the Virginia Beach Circuit Court, delivered the Oath of Office to the newly elected Vice Mayor: Louis R. Jones Bayside - District 4 Vice Mayor 2-year term July 1, 2006 - December 31,2008 July 11, 2006 - 25 - Item V-H. MAYOR'S FORMAL SEATING OF CITY COUNCIL ITEM # 55409 Mayor Oberndorfpresented the FORMAL SEATING OF CITY COUNCIL: Mayor Meyera E. Oberndorf Vice Mayor Louis R. Jones Rosemary Wilson James L. Wood John E. Uhrin Harry E. Diezel Reba S. McClanan Ron A. Villanueva Barbara M. Henley Robert M. Dyer William R. "Bill" DeSteph July 11, 2006 - 26- Item V-I.1. MINUTES ITEM #55410 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED Minutes of the INFORMAL and FORMAL SESSIONS of June 27,2006. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoif, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Harry E. Diezel Council Members Absent: None Councilman Diezel ABSTAINED, as he was not in attendance during the City Council Session of June 27,2006, but onfamily vacation. July 11,2006 - 27 - Item V-J. 1. PUBLIC HEARING ITEM #55411 Mayor Oberndorf DECLARED A PUBLIC HEARING: LEASE OF CITY OWNED PROPERTY Atlantic Bistro, LLC T/A Ribley's - 910 Atlantic Avenue There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING July 11,2006 - 28 - Item V-J.2. PUBLIC HEARING ITEM #55412 Mayor Oberndorf DECLARED A PUBLIC HEARING: Oceana Gardens Acquisition by Agreement or Condemnation. There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING July 11, 2006 Item V-K. ADOPTAGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 29- ITEM #55413 AGENDA FOR THE FORMAL SESSION July 11, 2006 - 30 - Item v'M. ORDINANCES ITEM #55414 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Ordinances 1.a.b,2, 3,4,5 and 6a,b,c,d of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoif, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None \Council Lady McClanan voted a VERBAL NAY on M.6.c. (Fire selection process for applicants) July 11,2006 - 31 - Item v'M.1.a.b ORDINANCES ITEM #55415 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to AMEND the City Code: a. 95-102 to designate Virginia Wild Horse Rescue as an entity recognized for the protection and relocation of wild horses b. 92-230 to increase the penalty fee for passing bad checks to $35 in accordance with State law Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 11, 2006 1 AN ORDINANCE TO AMEND CITY CODE SECTION 5-102 2 PERTAINING TO ASSISTANCE BY LICENSED 3 VETERINARIANS AND OTHER AUTHORIZED PERSONS 4 5 SECTION AMENDED: ~ 5-102 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 5-102 is hereby amended and reordained to read as 10 follows: Sec. 5-102. Assistance by licensed veterinarians and other authorized persons. 11 12 13 14 Licensed veterinarians, and duly authorized members of the 15 Corolla Wild Horse Fund Committee of o. B. C., Inc., the TidC'vJ.:J.tcr 16 Wcotcrn Ridcro l\.oooci.:J.tion Virginia Wild Horse Rescue, and the 17 Sandbridge Civic League, are hereby authorized to assist in 18 protecting the health, safety and welfare of wild horses and 19 ensuring their safe return to the Outer Banks of Currituck County, 20 and, when acting pursuant to the authority granted herein, shall be 21 exempt from the provisions of Sections 5-98 and 5-99 of this 22 article. 23 Adopted by the City Council of the City of Virginia Beach, 24 Virginia, on this ~h day of July , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: '~) ::??~ ~ City Attorney's Office 1 CAI0077 X:\PA\GG\OrdRes\Proposed\5-102 Wild Horse ORD R-l June 22, 2006 2 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2-230 2 PERTAINING TO PENALTY CHARGE FOR BAD CHECKS 3 4 SECTION AMENDED: ~ 2-230 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 2-230 is hereby amended and reordained to read as 9 follows: 10 Sec. 2-230. Treasurer authorized to impose penalty charge for bad 11 checks. 12 13 The city treasurer is hereby authorized and required to impose 14 a penalty charge of t~cnty thirty-five dollars ($20.00 35.00) for 15 any bad checks submitted for payment of any taxes, levies or fees 16 due to the city. A "bad check" is any check or draft returned for 17 insufficient funds or because there is no account or the account 18 has been closed. 19 Adopted by the City Council of the City of virginia Beach, 20 Virginia, on this 11th day of July, 2006. 1 - 32 - Item v'M.2. ORDINANCES ITEM #55416 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to GRANT a franchise for an Open Air Cafe in the Resort Area to Atlantic Bistro, LLC tfa Ribleys Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 11, 2006 1 2 3 4 AN ORDINANCE GRANTING A FRANCHISE AGREEMENT FOR AN OPEN AIR CAFE IN THE RESORT AREA TO ATLANTIC BISTRO, LLC t/a RIBLEY'S 5 WHEREAS, by resolution adopted November 15, 1985, City 6 Council authorized the City Manager to promulgate Open Air Cafe 7 Regulations, which have been amended from time to time, for the 8 operation of open air cafes on public property; and 9 WHEREAS, the City has developed a franchise agreement for 10 the regulation of open air cafes, which the above-listed grantee 11 will be required to execute as a condition of the grant; and 12 WHEREAS, the City Council has traditionally granted initial 13 franchises for one-year terms; and 14 WHEREAS, if an open air cafe is successfully operated 15 during the initial one-year term, the franchisee is given the 16 option of entering into a five-year franchise agreement; and 17 WHEREAS, Atlantic Bistro, LLC t/a Ribley's is seeking a 18 one-year franchise agreement; and 19 WHEREAS, the Virginia Beach Convention and Visitors Bureau 20 has reviewed the application and determined that the proposed 21 cafe will have no detrimental effect on the public health, 22 safety, welfare, or interest, and will enhance the festive 23 atmosphere of the Resort Area. 24 ?5 26 WHEREAS, the Convention and Visitors Bureau recommends that 27 Atlantic Bistro, LLC, t/a Ribley's be granted a one-year 28 franchise agreement. 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 30 OF VIRGINIA BEACH: 31 That the City Council hereby grants a one-year franchise 32 agreement to Atlantic Bistro, LLC t/a Ribley's for the operation 33 of an open air cafe in the resort area, subject to the terms and 34 conditions of all ordinances, resolutions, and regulations 35 applicable to open air cafes. 36 Adopted by the City Council of Virginia Beach, Virginia on 37 this 11 th day of July , 2006. 38 39 APPROVED AS TO CONTENTS: S FICIENCY: APPROVED AS TO LEGAL A-~ ~J'~ City A orney's Office CA10061 H:\PA\GG\OrdRes\Proposed\Ribley's Open Air Cafe Franchise.doc R-l June 12, 2006 - 33 - Item V.M.3. ORDINANCES ITEM #55417 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to DESIGNATE St. Gregory the Great Catholic Church as EXEMPT from local Real and Personal Property Taxation Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 11, 2006 1 2 3 4 5 AN ORDINANCE TO DESIGNATE ST. GREGORY THE GREAT CATHOLIC CHURCH AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION 6 WHEREAS, in accordance with ~ 58.1-3651 of the Code of 7 Virginia, the Council of the City of Virginia Beach has advertised 8 and conducted a public hearing on the issue of granting an 9 exemption from local property taxes to St. Gregory the Great 10 Catholic Church. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That the Council of the City of Virginia Beach, Virginia, 14 hereby designates St. Gregory the Great Catholic Church as a 15 charitable organization within the context of 5 6(a) (6) of Article 16 X of the Constitution of Virginia. 17 2 . That real and personal property owned by St. Gregory the 18 Great Catholic Church located wi thin the City of Virginia Beach 19 that is used exclusively for charitable purposes on a nonprofit 20 basis is hereby exempt from local property taxation. 21 3. This exemption is contingent on the following: 22 (a) continued use of the property by St. Gregory the 23 Great Catholic Church for exclusively charitable 24 purposes; 25 (b) that each July 1, St. Gregory the Great Catholic 26 Church shall file with the Commissioner of the 27 Revenue a copy of its most recent federal income 28 tax return, or, if no such return is required, it 29 shall certify its continuing tax exempt status to 30 the Commissioner of the Revenue; and 31 (c) That every three years, beginning on July 1, 2009, 32 St. Gregory the Great Catholic Church shall file 33 with the Commissioner of the Revenue an application 34 for continuation of the exemption. 35 That the effective date of this exemption shall be July 4. 36 1, 2006. 37 Adoption requires an affirmative vote of three-fourths of the 38 members of the Ci ty Council. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the 11th day of July , 2006. APPROVED AS TO LEGAL SUFFICIENCY: c)~'J)rW::'; Office CA-9956 X:\PA\GG\ORDRES\St. Gregory the Great ORD R-2 June 29, 2006 2 - 34 - Item v'M.4. ORDINANCES ITEM #55418 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to A UTHORIZE acquisition of two parcels of land in Oceana Gardens, either by agreement or condemnation, in fee simple, re the Southeastern Parkway/Greenbelt project Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 11,2006 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO AUTHORIZE ACQUISITION OF TWO PARCELS OF LAND IN OCEANA GARDENS, IN FEE SIMPLE FOR SOUTHEASTERN PARKWAY / GREENBELT PROJECT (CIP 2-089), EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia 10 Beach, Virginia, a public necessity exists for the construction of 11 this important roadway project to reduce traffic congestion and 12 improve transportation within the City and for other related public 13 purposes for the preservation of the safety, health, peace, good 14 order, comfort, convenience, and for the welfare of the people in 15 the City of Virginia Beach. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 Section 1. That the City Council authorizes the acquisition 19 by purchase or condemnation pursuant to Sections 15.2-1901, et 20 seq., Sections 33.1-89, et seq., and Title 25.1 of the Code of 21 Virginia of 1950, as amended, of two parcels of land in fee simple 22 known as GPINs 2417-16-7968 and 2417-16-7869 (the "Property"), and 23 also described as: 24 ALL THAT certain lot, tract or parcel of 25 land together with improvements thereon 26 belonging, lying, situated and being in 27 the City of Virginia Beachr Virginia and 28 designated and described as "LOTS 1 AND 29 2" as shown on that certain plat 30 entitled, "SUBDIVISION OF LOTS E AND H 31 STREET DEDICATION BROCKVILLE-EXTENDED 32 SITE NO. 25, M.B. 61, P. 45, OCEANA 33 GARDENS, M.B. 3, P. 51, LYNNHAVEN 34 BOROUGH, VIRGINIA BEACH, VA. MADE FOR 35 JAMES GARY, SCALE 1" = 30'". Said plat 36 37 38 39 40 41 42 being recorded in the Circuit Court of the City of Virginia Beach, Virginia in Map Book 149, at page 15 to which reference is made for a more particular description. Section 2. That the City Manager is hereby authorized to make 43 or cause to be made on behalf of the City of Virginia Beach, to the 44 extent that funds are available, a reasonable offer to the owners 45 or persons having an interest in said Property. If refused, the 46 City Attorney is hereby authorized to institute proceedings to 47 condemn said Property. 48 Adopted by the Council of the City of Virginia Beach, 49 Virginia, on the 11th day of July , 2006. CA9876 X:\OID\REAL ESTATE\Acquisitions\WORKING - COND\Acquisition Ordinances\CA9876 SE Pkwy Ordin.doc R-l PREPARED: 04/20/06 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~~ CITY ATTO EY Prepared by PW./Eng./Eng. Support Services Bureau 5/22/06 X:\Projects\ARC Files\Agenda Maps\Litchfield Manor ~~ ~F -~~~ ~ ~,'~. ll-r:I)f::1=-' P"-->-~ -- ~ -""\ ~'-~-~tlP: ~ ~ I!~ ml~fq ------- _ >"""-1: ~. \l. ~~~~~ ~:=t m~' ~(-: H .~ r--m / Ifj Q<l I \ 1.- ~JU ~ uu J ~ \ UN UI' ~\ ~ - -=-~\Oi'~ o ~\..J ~ SNOW GOOSE LAHAWKS NEST WY c=J 0 c= ~ 1'100' ~. 1- 26 RDNECK RD N we I \ \D"\ Q~ ~ ~ '0 II \ C\C:J\ \~~~- - ~~ P\O ~ ~;... 0-::- ~~ -D C ~ 0 0' ;~ "" 0 ~:]O 0 x: -- c I 'j n 0 ~ u o~, 0 ~ ~ 1>- 1 r - - 0 [ 0 D / Il c::J' c: 0 <I 0 Q~a [ - D LJ c:::=J ~ I "'----" ..- II ~ = 0 8 ~ '~' 0" u ~ G- 00 ~ ~ : U::::i[ [ --1] [] U L--"1 [ 0 ~ Tl 0- o ~ 0 0 J ~7L oJ LJ- D ~ 0 'I 0 , '2/~ - r=. U ~ ~ is ~ [;;/" [J lJ_ - D -0 V -_ D ( \OD 00 - Southeastern Pkwy & Greenbelt J[ ~ Balance Builders Property - - Legend - '{'--J D o U I 0 0"'-- LJ u D o ~ LOCATION MAP ~ IS PROPERTY OF BALANCE BUILDERS, INC. >- _ SCOT 2417-16-7968 = O ~ C1 2417-16-7869 - ~ - ~~ - jo ~5 150 I I 3001 L [J =f U ~ 0 lb J n I . FeetJ n I j ~ ~ I - - '- , Prepared by P.W./Eng.lEng. Support Services Bureau 6/18/06 X:\ProjectsIARC FileslAgenda Maps\Balance Builders\Balance Builders - 35 - Item v'M.5. ORDINANCES ITEM #55419 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to A UTHORIZE a temporary encroachment into City property to LITCHFIELD MANOR PHASE 2 HOMEOWNER'S ASSOCIATION, INC. to maintain a flag pole, electrical conduit, brick wall with neighborhood identification sign and lighting at Litchfield Way and Holland Road The following conditions shall be required: 1. The Temporary Encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval. 2. The Temporary Encroachment herein authorized terminates upon notice by the City to the applicant, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the applicant; and that the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnifY and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 6. The applicant must submit and have approved a traffic control plan before commencing work in the Encroachment Area. 7. The applicant agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. 8. The applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the Encroachment Area. 9. Prior to issuance of a right-of way permit, the applicant must post a bond or other security, in accordance with their engineer's cost estimate to the Office of Planning Department. July 11, 2006 - 36 - Item v'M.5. ORDINANCES ITEM #55419 (Continued) 10. The applicant must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00 combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 11. The City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the applicant, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove the Temporary Encroachment; and pending such removal, the City may charge the applicant for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndotf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 11, 2006 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF THE CITY'S 6 RIGHTS-OF-WAY KNOWN AS 7 LITCHFIELD WAY AND HOLLAND 8 ROAD BY LITCHFIELD MANOR 9 PHASE 2 HOMEOWNERS 10 ASSOCIATION, INC. , ITS 11 ASSIGNS AND SUCCESSORS IN 12 TITLE 13 14 WHEREAS, Litchfield Manor Phase 2 Homeowners Association, 15 Inc., a Virginia corporation, desires to maintain a flag pole, 16 electrical conduit, brick wall with neighborhood identification 17 sign, and lighting in the City's rights-of-way known as 18 Litchfield Way and Holland Road. 19 WHEREAS, City Council is authorized pursuant to ~~ 15.2- 20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 21 authorize temporary encroachments upon the City's right-of-way 22 subject to such terms and conditions as Council may prescribe. 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof 26 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 27 as amended, Litchfield Manor Phase 2 Homeowners Association, 28 Inc. , a Virginia corporation, its assigns and successors in 29 title are authorized to maintain the temporary encroachments for 30 a flag pole, electrical conduit, brick wall with neighborhood 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 identification sign, and lighting in the City's rights-of-way as shown on the map marked Exhibit 'A' and entitled: "LITCHFIELD MANOR PHASE 2 HOMEOWNER'S ASSOCIATION INC. ENCROACHMENT," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subj ect to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Litchfield Manor Phase 2 Homeowners Association, Inc., a Virginia corporation, (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his is hereby authorized to execute the authorized designee Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Litchfield Manor Phase 2 Homeowners Association, Inc., a Virginia corporation and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day of July 2006. CA - 9994 PREPARED: 5/19/06 APPROVED AS TO CONTENTS C\,f,Il\tV'\r~ C. O(LUlSth (\X) ~URE flU Rud ctd6.1l DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM !uIl&~Wti~ CITY A TORNEY X: IOIDIREALESTATEI Encroachments IpW OrdinanceslCA9994 Litchfield Manor Phase 2.doc . PREPARED BY VIRGINIA BEACH CITY A TIORNEY'S OFFICE EXEMPTED FROM RECORDA TION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-81 1 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 TIllS AGREEMENT, made this -3 \~ day of v'L~1 ,2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporatIon, Grantor, "City", and, LITCHFIELD MANOR PHASE 2 HOMEOWNERS ASSOCIATION. INC., a Virginia corporation, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNE SSE TH: That, WHEREAS, IT IS PROPOSED BY THE Grantee to maintain a flag pole, electrical conduit, brick wall with neighborhood identification sign, and lighting, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the existing City rights-of-way known as Litchfield Way and Holland Road the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of maintaining the Temporary Encroachment. GPIN: (NOGPIN ASSIGNED TO CITY RIGHTS-OF-WAY KNOWN AS LITCHFIELDWA Y AND HOLLAND ROAD) It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain plat entitled: "LITCHFIELD MANOR PHASE 2 HOMEOWNER'S ASSOCIATIONINC. ENCROACHMENT", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 2 It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, with the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost 3 thereof to the Grantee, and collect the cost in any manner provided by law for the collection ()flocal or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection oflocal or state taxes. IN WITNESS WHEREOF, Litchfield Manor Phase 2 Homeowners Association, Inc. has caused this Agreement to be executed in its corporate name and on its behalf by Gary S. Thompson, President of said association with due authority to bind said association. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS LEFT INTENTIONALLY BLANK) 4 CITY OF VIRGINIA BEACH By City Managerl Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk Litchfield Manor Phase 2 Homeowners Association, Inc., a Virginia corporation STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2006, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2006, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OY"'TJ' , " \ f) , CITY/COu~ r OF \-'vb,... "-'k=}~(l~o-wit: The foregoing instrument was acknowledged before me this cx4. ~rlay of ~ ~ ' 2006, by Gary S. Thompson, President on behalf of Litchfield Manor Phase 2 ~--"..J Homeowners Association, Inc. -,'. '. \1 \\\, . \\;,~ 'K, f\ , ' ~')L ) ~j ,- t ~.\s-()\h') : Notary Public My Commission Expires: C~q~~:3 \ I . L eCSe 6 APPROVED AS TO LEGAL SUFFICIENCY ~~~ CI ATTORNEY APPROVED AS TO CONTENT I CITY REAL ESTATE AGENT 7 EXISTiNG WA TER LINE >- < 3:........ o~ LLi ~ ." r;: . " J:~ i of'. \ J- '-' \ .'EXISTlNG BO~ING FOR ) ELECTRICAL CONDUIT. E.;XISTlNG ELECTRICAL ~ ~ PEDESTAL ~ , EXISTING WALL ---..........l.... EXISTING WALL JJ wi 10 SIGN 1::-'::-'0.6 WATER -' -1,$ EXISTING METER /.' WA TER LINE / RIGHT OF WAY =-T \d\ oj ,j~ EXISTING FLAG POLE EXISTING UPLlGHTlNG (TYP) j'V' EXISTING TELEPHONE . PEDESTAL ,t;' IT:( ::-;\~ - . '~X~RIGHTOFWAY--- · ttrr-- .-- -- ~b:'rl- - - ~~!- - -- ~:: ~~~I~~l HOLLAND ROAD EXISTING VACUUM LINE NOTES: 1. AlL IRRIGAllON PIPING 'MLL BE ~1HIN 2' FROU BACK OF CURB, EXCEPT AT WATER liE-IN AND CROSSING MIDDlE ISLAND. 2. CONTRACTOR SHALL BE RESPONSIBLE TO CONTACT MISS UllUTY BEFORE BORING IN ORDER TO HAVE THE AREA SCANNED' AND MARKED FOR UllUllES. r- 'A '~ J LITCHFIELD MANOR PHASE 2 HOMEOWNER'S ASSOCIATION INC. ENCROACHMENT 40 0' ~-~-~. 20' 40' ~ 40' j EXHIBIT 'A' ENCROACHMENT PLAT DATE: 1/24/06 PROJECT #03045 DRAFT: MJP CHK'D BY: DM W SHEET 1 OF 1 1" = 40' 1\;[SA, P ~C~ Landscape Architecture. Planning Surveying' Engineering E.nvironmental Sciences 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708 PHONE (757) 490-9264 . FAX (757) 490-0634 ~.........,..., I / -;~ \",. .'''.. ...... (t.~ '" :-\ .JL;t.::. ,~.~~. .-.~..".~, .. .. . ......' , .........ftft&~, ~.j< ", ~ '~.............. ' '.' \. ~~. ,,'. >0 .'r.~~..'.'r.;..J.... 'tit",... ;.~ .~. ifc ""_"'; ~AJ":\" ; 1. ..}r:..., " . .....~.~, '/'it.l. t~l'l ,Y'/ !""'(("'~ ',' 'tr' ;,,;; . .'1-1. .' ~." \:~\ J~\ \\ , ,,' '\ , \~ I : r 1:~"\",,'~f" > """,,%I ~~lL ,ti't - ." 1 i . " '. '\ ~' ! '.~ '\ i '~~\" "~' ~ r" ~. ~':~'i ~:~~t ....~ ,~1 .~~ .' ;~ '-~ } CD o o N 0) z: -4: ..., t>>I "l:l .El o '.,1;1 o-i Ms-f!:= ::.~ 0 "l:l ~ .e :i ~ If: 0.... = . ",CIlbl/ g.( ::'l;l lC ",:i! := ~ &i ~ .,8 "l:l El ~ ~ o;~~~ ~ CIl,.:.l':= ... Ei.... Gi ~ 0 C "l:l ~ ~ ~.... . ~ - 37 - Item V.M.6.a/b/d. ORDINANCES ITEM #55420 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: a. APPROPRIATE $150,000 from the DEA Seized Property Special Revenue Fund b. TRANSFER $300,000 from Reserve for Contingencies to the Police Capital Budget re helicopter replacement, air ambulance and expansion of hangar d. TRANSFER $225,000 within the School's Capital Budget to renovate tennis courts at Green Run, Salem and Tal/wood High Schools Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj', John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 11, 2006 1 AN ORDINANCE TO APPROPRIATE $1501000 FROM THE 2 FUND BALANCE OF THE DEA SEIZED PROPERTY 3 SPEC IAL REVENUE FUND AND TRANS FER $ 3 0 0 1 000 4 FROM RESERVE FOR CONTINGENCIES TO CAPITAL 5 PROJECT #3-2271 "POLICE HELICOPTER REPLACEMENT 6 AND HANGAR EXPANSION/" FOR THE CUSTOMIZATION 7 OF ONE HELICOPTER INTO AN AIR AMBULANCE AND 8 THE EXPANSION OF THE CURRENT HANGAR 9 10 11 WHEREAS 1 funding of $1501000 is available in the DEA Seized 12 Property Special Revenue Fund and $3001000 is available in Reserve 13 for Contingencies to cover costs associated with customizing a 14 police helicopter to serve as an air ambulance and increased costs 15 of expanding the current helicopter hangar. 16 NOW1 THEREFORE 1 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH 1 VIRGINIA: 18 1. That $1501000 from the Fund Balance of the DEA Seized 19 Property Special Revenue Fund is hereby appropriated and $3001000 20 from Reserve for Contingencies is hereby transferred to CIP #3-2271 21 "Police Helicopter Replacement and Hangar Expansion/" for the 22 customization of one helicopter into an air ambulance and the 23 expansion of the current helicopter hangar 1 with local revenue 24 increased accordingly. 25 2. That CIP #3-2271 "Police Helicopter Replacement and 26 Hangar Expansion/" is hereby amended to include the configuration 27 of a police helicopter to serve as an air ambulance. 28 Adopted by the Council of the City of Virginia Beachl 29 Virginia 1 on the 11 th day of July 1 2006. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,9 ~ Q- {\ /111 ria Management servic~'7 J~~, City Attar y's Offlce CA10085 X:\PA\GG\OrdRes\Police Helicopter ORD R-3 June 30, 2006 1 2 3 4 5 6 7 8 AN ORDINANCE TO TRANSFER $225,000 FROM CIP #1- 090, "THREE OAKS ELEMENTARY SCHOOL," AND CIP #1-001, "RENOVATIONS & REPLACEMENTS-ENERGY MANAGEMENT" TO CIP #1-232, "TENNIS COURT RENOVATIONS," TO FUND INCREASED RENOVATIONS COSTS AND ALLOW THE AWARDING OF A CONTRACT TO THE LOW BIDDER 9 WHEREAS, due to the existing market conditions of increasing 10 costs for petroleum-based products used in tennis court 11 renovations, an additional $225,000 must be transferred to CIP #1- 12 232, "Tennis Court Renovations," to complete renovations and allow 13 the award of a contract to the low bidder for this project. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 That $175,000 is hereby transferred from CIP #1-090, "Three 17 Oaks Elementary School," and $50,000 is hereby transferred from 18 CIP #1-001, "Renovations & Replacements-Energy Management," to CIP 19 #1-232, "Tennis Court Renovations," to fund the increased 20 renovation costs and enable the awarding of a contract to the low 21 bidder. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day of July , 2006. APPROVED APPROVED AS TO LEGAL SUFFICIENCY: 1iW1'Le ~ City Attorne s Office CAl0083 X:\PA\GG\OrdRes\Tennis Court ORD R-4 June 30, 2006 1 - 38 - Item v'M.6.c. ORDINANCES ITEM #55421 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to TRANSFER $200,000 from Reserve for Contingencies to the Fire FY-2006-07 Budget re validity of the selection process for applicants Voting: 10-1 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None July 11, 2006 1 2 3 4 AN ORDINANCE TO TRANSFER $200,000 FROM RESERVE FOR CONTINGENCIES TO THE FIRE DEPARTMENT'S FY 2006-07 OPERATING BUDGET FOR A VALIDATION STUDY 5 WHEREAS, the Virginia Beach Fire Department has determined 6 that it should a review the criteria used for its hiring and 7 selection process. 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA: 10 That $200,000 is hereby transferred from Reserve for 11 Contingencies to the Fire Department's FY 2006-07 Operating 12 Budget to pay for a validation study of the Fire Department' s 13 selection and hiring practices. 14 Adopted by the Council of the City of Virginia Beach, 15 virginia on the 11 th day of July , 2006. APPRVOED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -S~Q .~ Management Services \ !dinlf J;,^_ City Att ney's Office CA10084 X:\PA\GG\OrdRes\Fire Validation Study ORD R-3 June 30, 2006 - 39 - Item V-No PLANNING ITEM # 55422 1. VERIZON WIRELESS 2. GARY W. SMITH 3. VIRGINIA BEACH CHRISTIAN LIFE CENTER dba WAVE CHURCH 4. KEMPSVILLE PRESBYTERIAN CHURCH 5. CHRISTIAN FELLOWSHIP CHURCH 6. GREENBRIER TECHNOLOGY CENTER II ASSOCIATES, LLC, (Strayer University) 7. PINEWOODS, LLC 8. CITY OF VIRGINIA BEACH MODIFICATION OF CONDITIONS CONDITIONAL USE PERMIT (a) approved 9/26/95 (b) approved 1/23/96) CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING AMEND and REORDAIN the City Zoning Ordinance (CZO): 3104 re civil penalties for violations re commercial vehicles and recreational equipment, increase the penalties and REPEAL 3217 pertaining thereto. 31809 re allowing certain Conditional Uses as principal uses in Accident Potential Zone 1 (APZ-l) in 1-2 Industrial Districts. July 11, 2006 - 40- Item V.M. PLANNING ITEM # 55423 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items la/b., 2,4, 5,6,7, 8a/b of the PLANNING BY CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 11, 2006 - 41 - Item v'N.J.a/b. PLANNING ITEM # 55424 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED CONDITIONS upon application of VERIZON WIRELESS re a Conditional Use Permit to allow four (4) directional panel antennas per sector on communications towers ORDINANCE UPON APPLICATION OF VERIZON WIRELESS FOR THE MODIFICATION OF A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS TOWER (APPROVED BY CITY COUNCIL ON SEPTEMBER 26,1995.) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Verizon Wireless for the Modification of a Conditional Use Permit for a communications tower approved by City Council on September 26, 1995. Property is located at 1036 Ferry Plantation Road (GPIN 1478450391). DISTRICT 4 -BAYSIDE The folloWing conditions shall be required: 1. All conditions attached to the Conditional Use Permit granted by the City Council on September 26, 1995 shall remain in affect except as modified below. 2. The change in antennas shall substantially conform to the submitted site and elevations plans entitled "WITCHDUCK CO-LOCATE ANTENNA REPLACEMENT, 1036 Ferry Plantation Road, Virginia Beach, VA, 23455 ", prepared by Clark-Nexsen Architecture and Engineering, and dated 3/28/06. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. In the event the tower is not used for a period of one (1) year, it must be removed at the owner's expense. AND, ORDINANCE UPON APPLICATION OF VERIZON WIRELESS FOR THE MODIFICATION OF A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS TOWER (APPROVED BY CITY COUNCIL ON JANUARY 23,1996) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Verizon Wireless for the Modification of a Conditional Use Permit for a communications tower approved by City Council on January 23, 1996. Property is located at 5636 Southern Boulevard (GPIN 1467145284). DISTRICT 2 - KEMPSVILLE July 11,2006 - 42- Item V.N.1.a/b. PLANNING ITEM # 55424 (Continued) The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit granted by the City Council on January 23, 1996 remain in affect, with the following modification. 2. The change in antennas shall substantially conform to the submitted site and elevations plans entitled "GREENWICH CO-LOCATE ANTENNA REPLACEMENT, 5040 Southern Boulevard, Virginia Beach, VA, 23462 ", prepared by Clark-Nexsen Architecture and Engineering, and dated 3/28/06. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. In the event the tower is not used for a period of one (1) year, it must be removed at the owner's expense. These Ordinances shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of July Two Thousand Six. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 11, 2006 - 43 - Item v'N.2. PLANNING ITEM # 55425 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of GARY W. SMITHfor a Conditional Use Permit ORDINANCE UPON APPLICATION OF GARY W. SMITH FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE (SKATEBOARD RAMP) R070634162 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Gary W. Smith for a Conditional Use Permit for a recreational facility of an outdoor nature (skateboard ramp) on property located at 804 Terrace Avenue (GPIN 2417927155). DISTRICT 6 - BEACH The following conditions shall be required: 1. The skateboard ramp shall be located and constructed in substantial compliance with the submitted property survey and the submitted drawing entitled, "Smith Ramp, "dated March 31, 2006. 2. Use of the ramp shall be limited to the hours between 10:00 A.Moo and dusk. 3. To reduce the level of sound emanating from the ramp when in use, the following shall be utilized in the construction of the ramp: (a) the underside of the plywood beneath the skating surface shall be insulated; (2) the sides of the ramp shall be enclosed with wood; and (3) roofing paper shall be installed between the plywood and the skating surface of the ramp. 4. A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot be used. 5. At least one adult shall be outside the house and present when the ramp is in use. 6. The applicant shall enforce the rules submitted with the application regarding use of the ramp. The Zoning Administrator shall annually evaluate whether the rules have been enforced and the conditions above have been adhered to. If the evaluation reveals that the rules and conditions are being met, the use permit shall be renewed for an additional year, with an annual evaluation thereafter. If the evaluation reveals that the rules and conditions are not being met, the Zoning Administrator shall refer the use permit to the City Council for revocation. July 11, 2006 - 44- Item v'N.2. PLANNING ITEM # 55425 (Continued) 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 Eleventh of July Two Thousand Six. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 11,2006 - 45 - Item V,N.3 PLANNING ITEM # 55426 Attorney Stephen D. Lentz, Esquire, Lentz, Stepanovich and Bergethon, Attorneys and Counselors at Law, Phone: 498-7035, represented the applicant and also Trusteefor the Church. Attorney Lentz advised WA VE Church is seeking approval for a comprehensive Master Plan of a Church that has been in continuous uninterrupted service to Virginia Beach since 1954. The congregation experienced an increase in membership from several hundred to several thousand, primarily due to a change from a traditional format to a contemporary expression offaith. On Easter Sunday, WAVE Church rented the Convention Center and over 6,000 attended the services. In 1995, the Church purchased this property. The Church is requesting approval of a phased master plan, beginning with construction of Phase I a small multi purpose building which will occur approximately 2009, eventually dedicated as the Youth Center. There will be a school presence during the week. The future phases to develop over the next decade will depend upon continued growth of the corridor and attendance. A vacant field will be transformed into a beautiful neighborhood park. The plan will encompass 61% open space. Expansive and mature landscaping will be placed on the property to include an agreement to install a 3 to 4-foot high 25-foot undulating and meandering berm. The applicant will dedicate 30-feet along Seaboard Road for the widening of the road. Deceleration and acceleration lanes to be included. John S. Tymoff, Tymoff and Moss, Architects, 512 Botetourt Street, Norfolk, Phone: 627-0031 #14, represented the applicant The following registered in OPPOSITION: Laura Sisino, 2821 Seaboard Road, Phone: 689-2600, represented the Green Roots Citizens group, presented petition in opposition, containing 123 signatures, which is hereby made a part of the record. City Engineers have stated Princess Anne Road was not designed for even a small portion of the traffic currently supported. The facility will have a parking lot accommodating 1,000 automobiles. Bernard Byrne, 2728 Esplanade Court, Phone: 430-0571 advised thisfacility will have up to 1,000 vehicles entering and exiting this narrow one-lane country road. Rick Rivera, 3044 Heron Ridge Drive, Phone: 613-4289, President - Heron Ridge Community Association. Mr. Rivera is opposed to a facility as large as the one proposed (81,000 square foot complex) with parking spaces to accommodate 1,000 vehicles The church intends to operate a Youth Center, 5 days a week, 12 hours a day, with a Sanctuary and Education Center (also operating 5 days per week. Donna Sa lasky, 2284 Lynx Drive, Phone: 426-5363, resident of Heroin Ridge. Ms. Salasky believes this to be a business, not a church. The Wave recording studio will also be encompassed as part of this facility. Chris Keyler, 2505 Seaboard Road Phone: 430-7770, expressed concerns re traffic generation. Princess Anne Raod between General Booth and the Municipal Center is already congested and is destined to remain a two-lane rural road. Seaboard is a two-lane widening road between these two areas. The amount of traffic has increased 42% over the last four (4) years. A MOTION was made by Council Lady Henley to ADOPT Phase I of an Ordinance upon application of Virginia Beach Christian Life Center d/b/a Wave Church for a Conditional Use Permit for a church and approve those conditions applying to Phase l MOTION FAILED DUE TO A LACK OF A SECOND. July 11, 2006 - 46- Item V,N.3 PLANNING ITEM # 55426 (Continued) A MOTION was made by Councilman Diezel, seconded by Council Lady Wilson, to ADOPT the Ordinance upon application of Virginia Beach Christian Life Center d/b/a Wave Church for a Conditional Use Permit for a church, as submitted, subject to site plan review by the Planning Department. Upon SUBSTITUTE MOTION by Vice Mayor Jones, seconded by Councilman DeSteph, City Council ADOPTED the Ordinance upon application of Virginia Beach Christian Life Center d/b/a Wave Church for a Conditional Use Permit for a church, subject to site plan review by the Planning Department and with the additional condition of ADDING ROADWAY ALIGNMENT and ADJUSTING BUILDING LOCATIONS: ORDINANCE UPON APPLICATION OF Virginia Beach CHRISTIAN LIFE CENTER D/B/A WAVE CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH) R070634163 BE IT HEREBY ORDAINED BY THE COUNCIL FO THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Beach Christian Life Center d/b/a Wave Church for a Conditional Use Permit for a church on property located on the southwest side of Seaboard Road, approximately 650 feet southeast of Live Oak Trail (GPINs 2404608579; 2404604227; 2404605883). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted site plan entitled "WA VE CHURCH, SEABOARD ROAD, VIRGINIA BEACH, VIRGINIA, MASTER PLAN", prepared by TymofJ and Moss Architects, and dated May 30, 2006. Said plan has been exhibited to the Virginia Beach City Council, and is on file in the Virginia Beach Planning Department. 2. The applicant shall maintain a minimum offifty (50) percent open space on the site. 3. The buildings shall be constructed substantially in accordance with the submitted elevations entitled "WA VE CHURCH, SEABOARD ROAD, SOUTH ELEVATION, PHASE 1 - 2009, PHASE 2 - 2013 ", prepared by TymofJ and Moss Architects. Said plans have been exhibited to the Virginia Beach City Council, and are on file in the Virginia Beach Planning Department. 4. The applicant shall comply with sound attenuation requirements as specified in the Virginia Uniform Statewide Building Code. If noise complaints are received by the City pertaining to church music or other associated activitie. s the church shall work with the Zoning Administrator to reduce the sound to an acceptable level that does not disrupt the residential uses in the area. 5. The applicant shall submit a Traffic Impact Study to the Virginia Beach Public Works Department / Traffic Engineering Division for review and approval before any construction on the site or occupation of the site. July 11, 2006 - 47- Item V,N.3 PLANNING ITEM # 55426 (Continued) 6. The applicant shall submit a photometric plan for review and approval by the Virginia Beach Planning Department / Current Planning Division. All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare toward adjacent uses and city streets. Lighting should be directed down at the ground and not horizontally or up in the azr. 7. The applicant shall install a twenty-five (25)-foot landscaped buffer along all property lines. The buffer area shall be bermed and planted with a mixture of deciduous and evergreen shrubs and trees. The berming shall be between 3-4 feet in height and shall meander and undulate through the buffer area. Landscaping and berming shall be installed according to the submitted phased plans. 8. The athletic fields shall be gated from sundown to sunrise. There shall be no lighting of the recreational fields. The recreationalfields shall not be usedfor overflow parkingfor any events associated with the church. 9. The applicant shall identifY an area on the site for the parking of church-owned vehicles subject to Planning Staff approval. 10. The applicant shall identifY and verifY the existence of the cemetery reported to exist on the site, determine if any remains exist, and design the site improvements around the cemetery. 11. Applicant shall ad;ust buildinf! locations as reauired to accommodate the Seaboard Road curve alif!nment as developed bv the Departments of Planninf! and Public Works. 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 Eleventh of July Two Thousand Six. Voting: 10-1 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley Council Members Absent: None July 11,2006 - 48 - Item v,N. 4. PLANNING ITEM # 55427 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of KEMPSVILLE PRESBYTERIAN CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF KEMPSVILLE PRESBYTERIAN CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH (ADDITION)) R070634164 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Kempsville Presbyterian Church for a Conditional Use Permit for a church (addition) on property located at 805 Kempsville Road (GPINs 1466650386; 1466652066). DISTRICT 2 - KEMPSVILLE The follOWing conditions shall be required: 1. The proposed building location shall be as depicted in the submitted site plan entitled "Physical Survey of Parcell, Subdivision of Properties of Kempsville Presbyterian Church and Gemini Builders, Inc. and Parcel B-4, Subdivision of Parcel B Property of Rock Church Virginia Beach, VA for Trustees of Kempsville Presbyterian Church" by WPL and as conditioned below. 2. The building shall be constructed as depicted in the submitted elevations entitled "Elevation" dated 01-20-2006 by Sunshine Manufactured Structures, Inc. 3. A site plan meeting the requirements of the Site Plan Ordinance shall be submitted to the Development Services Center for review and approval prior to any site work or construction work on the modular unit. 4. The existing trailers on the property shall be removed after the new modular unit is constructed and prior to a Certificate of Occupancy being issued for the modular unit. 5. Landscaping shall be installed in accordance with the Site Plan Ordinance. 6. The modular unit shall not be used as an annex to the sanctuary of the church for the purpose of increasing the capacity of the church via audio and video transmission of services to the modular unit. 7. All outdoor lighting shall be shielded to direct light and glare onto the property; said lighting and glare shall be deflected, shaded and focused away from adjoining property. 8. The maximum number of students allowed in the modular unit shall be limited to 260. 9. A Certificate of Occupancy shall be obtained from the Planning Department prior to the modular unit being utilized. July 11,2006 - 49- Item V.N.4. PLANNING ITEM # 55427 (Continued) 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 Eleventh of July Two Thousand Six. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Members Absent: None July 11, 2006 - 50- Item v.N. 5. PLANNING ITEM # 55428 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of CHRISTIAN FELLOWSHIP CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CHRISTIAN FELLOWSHIP CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R070634165 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Christian Fellowship Church for a Conditional Use Permit for a church on property located at 544 Newtown Road (GPIN 1468303340). DISTRICT 2 - KEMPSVILLE The follOWing conditions shall be required: 1. The applicant must comply with all applicable City requirements for building codes, fire safety and suppression for the change of use to a place of assembly prior to the issuance of an Occupancy Permit for this unit. This includes obtaining a Fire Inspection, a Fire Code Permit and a Certificate of Occupancy from the Building Official's Office. 2. The membership of the congregation at this location shall not exceed the number established by the City's Fire Marshall. 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 Eleventh of July Two Thousand Six. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 11, 2006 - 51 - Item v,N. 6. PLANNING ITEM # 55429 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of GREENBRIER TECHNOLOGY CENTER II ASSOCIATES, L.L.C. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF GREENBRIER TECHNOLOGY CENTER II ASSOCIATES, L.L.c. FOR A CONDITIONAL USE PERMIT FOR A PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY R070634166 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Greenbrier Technology Center II Associates, L.L. C. for a Conditional Use Permit for a public or private college or university on property located at 249 Central Park Avenue (GPIN 1477551028). DISTRICT 5 -LYNNHAVEN 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 Eleventh of July Two Thousand Six. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 11, 2006 - 52 - Item v,N. 7. PLANNING ITEM # 55430 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of PINEWOODS L.L. C for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF PINEWOODS L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 TO CONDITIONAL RT-3 Z0706160 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Pinewoods L.L. C. for a Chanze of Zoninz District Classification from A -12 Apartment District to Conditional RT-3 Resort Tourist District on property located at 524 Laskin Road (GPIN 2418921055). DISTRICT 6 - BEACH 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 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of July Two Thousand Six. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 11,2006 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6457 DATE: June 28, 2006 FROM: Leslie L. Lilley B. Kay WiIS~ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application; Pinewoods, LLC / 524 Laskin Road The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 11, 2006. I have reviewed the subject proffer agreement, dated February 21,2006 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/as Enclosure cc: Kathleen Hassen BURGER KING CORPORATION, a Florida corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CI1Y OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 21st day of February, 2006 by and between BURGER KING CORPORATION, a Florida corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation ofthe Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor, is the Owner of two (2) contiguous parcels of land located in the Beach District of the City of Virginia Beach, containing a total of 1.45 acres as more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Grantor's Parcel 2A is partly zoned RT -3, Resort Tourist District, and partly zoned A-12 Apartment District, while Grantor's Parcel 1A is zoned A-12 Apartment District; 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 a 0.387 acre portion of the Property as described in Exhibit "B", from A-12 Apartment District to Conditional RT -3 Resort Tourist District; 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 Grantor acknowledges that 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 governing 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 Grantor's rezoning application gives rise; and PREPARED BY: 53llJ SYKl::S. ROURDON. m'lJl4IU:RN & UVY.P.c. GPIN: 2418-42-1055 (part of) 1 PREPARED BY: ~.m SYKES. gOURDON. mJII 4ij[RN &. Lm. fl.C. WHEREAS, the Grantor has 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 RT-3 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of a portion of the Property being recorded 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 Grantor, for itself, its 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 make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the portion of the Property being rezoned 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. If that portion of the Property depicted and designated as "PROPOSED RT 3, 0.387 AC." on that "REZONING SITE PLAN" dated February 1, 2006, prepared by Pinnacle Group Engineering, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning is ever redeveloped for a multi- family residential use, the density shall be restricted to a maximum calculation of twelve (12) units per acre. 2. The minimum setback from Pinewood Road for any structure on the portion ofthe Property zoned RT-3 shall be fifteen feet (15'). The above condit~ons, 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 2 PREPARED BY: J;J.m SYK[S. ROURDON. &v;n. \lIrRN &. liVY. P.L 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 Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 3 PREPARED BY: ~.m $YKfS. ROURDON. &\';J"B\!l{RN &. IJVY. P.c. WITNESS the following signature and seal: Grantor: BURGER KING CORPORATION, a Florida corporation ~;~e:~E~-i)~ (SEAL) STATE OF CITY'! COUNTY ~--t, ""'1,(-'/1 '-- ,0 1-7~' , to-wit: The foregoing instrument was acknowledged before me this .;2 0 day of April, 2006 by..:::::..... ,). c -'- - . -c ;;>J~)('<'" .-..".... -'-- of , t ;r-i'-'/ rc:.. lC,,-; I . (t-I I . ~" , t. i \.. _. ~ 0<::_ -.,,; I .x"'A_' \ Burger King Corporation, a Florida corporation, Grantor. ~~~UbliC My Commission Expires: ~,~,~~:~ A. D. GLAZE !*~. ':~ MY COMMISSION II DD291106 ~~ · EXPIRES: Fabruary 16, 2008 '.,... BondedThruNoIaryPublic Underwrill'!rs 4 EXHIBIT "A" PARCELl: A tract of land containing 0.72 acres, more or less, situated within the City of Virginia Beach, Virginia, and known, numbered and designated as the Eastern 200 feet of Site 3 on Map of Linkhorn Park, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at page 151, reference being hereby made to said plat, being rnore particularly described as follows: Beginning at an iron pin set located on the South right-of-way margin of Pinewood Drive, also known as 32nd Street, and 15.00 feet North 07 degrees 15'00" West from the Northwest corner of Eunice N. Collier's property, being part of Site lA,. tax parcel number 2418-92- 3165~ recorded in Deed Book 2972, page 840, dated 03/08/91 on file in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, said point being the True Point of Beginning; thence run South 07 degrees 15'00" East along the West property line of said Eunice N. Collier's property for a distance of 157.50 feet to an iron pin set; thence run South 82 degrees 45'00" West for a distance of 200.00 feet to an iron pin set; thence run North 07 degrees 15'00" West for a distance of 157.50 feet to an iron pin set on the South right-of-way margin of Pine wood Drive; thence run North 82 degrees 45'00" East along said South right- of-way margin for a distance of 200.00 feet to a point and back to the True Point of Beginning. Containing 31,500 sq. ft., or 0.72 acres more or less. PARCEL 2: A tract of land containing 0.72 acres, more or less, situated within the City of Virginia Beach, Virginia, and known, numbered and designated as the Eastern 200 feet of Site 2 on Map of Linkhorn Park, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at page 151, reference being hereby made to said plat, being more particularly described as follows: Commencing at an iron pin set located on the South right-of-way margin of Pinewood Drive, also known as 32nd Street, and 15.00 feet North 07 degrees 15'00" West from the Northwest corner of Eunice N. Collier's property, being part of Lot lA, tax parcel number 2418-92- 3165, recorded in Deed Book 2972, Page 840, dated 03/08/91, on file in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; thence run South 07 degrees 15'00" East along the West property line of said Eunice N. Collier's property for a distance of 157.50 feet to an iron pin set, said point of being the True Point of Beginning, thence run South 07 degrees 15'00" East along the West property line of said Eunice N. Collier's property and the West property line of Ervin W. Murden's property, being Site 1, tax parcel number 2418-91-3988, recorded in Deed Book 62, Page 277, dated 03/16/82 on file in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, for a distance of PREPARED BY: 157.50 feet to an iron pin set on the North right-of-way margin of Laskin Road, also known ~sms. llOURDON. as 31st Street; thence run South 82 degrees 45'00" West along said North right-of-way mp -\'Hf:RN &lM.P.C. margin for a distance of 200.00 feet to an iron pin set; thence run North 07 degrees 15'00" 5 PREPARED BY: (;JIB SYKJ::S. ROURDON. &\~ qyIRN &. LM. P.c. West for a distance of 157.50 feet to an iron pin set; thence run North 82 degrees 45'00" East for a distance of 200.00 feet to a point and back to the True Point of beginning. Containing 31.500 sq. ft. or 0.72 acres or less. GPIN: 2418-92-1055 6 PREPARED BY: ~.mS~lS. ROURDON. m'" \HIRN &. LEVY. P.c. EXHIBIT "B" Beginning at a point on Pinewood Road, then going 45.00 feet on a bearing ofN 76017'06" E to a point, thence 169.13 feet on a bearing of N 13051'37" W to a point, thence 200.00 feet on a bearing of N 76008'23" E to a point, thence 47.13 feet on a bearing of N 13051'37" W to a point, thence 19.00 feet on a bearing of N 76008'23" E to a point, thence 14-47 feet on a bearing of N 13051'37" W, thence 136.00 feet on a bearing of N 76008'23" E to a point, thence 107.53 feet on a bearing of N 13051'37" W to a point on Pinewood Road, containing 0.39 acres more or less. Rezoning parcel is further described as a portion of GPIN # 2418-92-1055, and is recorded in the City of Virginia Beach as M.B. 5, page 151. GPIN # 2418-92-1055 Conditional Rezoning\ OceanBayHomes/BurgerKing\ Proffer 7 - 53 - Item v'N.8a./b. PLANNING ITEM # 55431 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to AMEND and REORDAIN the City Zoning Ordinance (CZO): ~104 re civil penalties for violations of commercial vehicles and recreational equipment, increase the penalties and REPEAL ~217 pertaining thereto. ~ 1809 re allowing certain Conditional Uses as principal uses in Accident Potential Zone 1(APZ-1) in 1-2 Industrial Districts. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 11, 2006 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE IMPOSING CIVIL PENALTIES FOR VIOLATIONS PERTAINING TO PARKING OF COMERCIAL VEHICLES AND MAJOR RECREATIONAL EQUIPMENT AND INCREASING CIVIL PENALTIES FOR CERTAIN VIOLATIONS OF THE CITY ZONING ORDINANCE Section Amended: City zoning Ordinance ~104 Section Repealed: City Zoning Ordinance ~217 11 WHEREAS, the public necessity, convenience, general welfare 12 and good zoning practice so require; 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 That Section 104 of the City Zoning Ordinance is hereby 16 amended and reordained, to read as follows: 17 ARTICLE 1. GENERAL PROVISIONS. 18 Sec. 104. Violations and penalties. 19 ~ Except uo oet forth in Section 217 of thio ordinunce as 20 provided in subsection (b), any person who violates any of the 21 provisions of this ordinance shall, upon conviction thereof, be 22 guilty of a misdemeanor punishable by a fine of not less than ten 23 dollars ($10.00) nor more than one thousand dollars ($1,000.00). If 24 the violation is uncorrected at the time of the conviction, the 25 court shall order the violator to abate or remedy the violation in 26 compliance with this ordinance, within a time period established by 27 the court. Failure to remove or abate a violation within the 28 specified time period shall constitute a separate misdemeanor 29 offense punishable by a fine of not less than ten dollars ($10.00) 30 nor more than one thousand dollars ($1,000.00) and any such failure 31 during any succeeding ten-day period shall constitute a separate 32 misdemeanor offense for each ten-day period punishable by a fine of 33 not less than one hundred dollars ($100.00) nor more than one 34 thousand five hundred dollars ($1,500.00). 35 (b) Any person who violates any provision of Part B of 36 Article 2 hereof or section 203(d) or 205 shall be assessed a civil 37 penalty in the amount of two hundred dollars ($200.00) for the 38 initial summons and not more than five hundred dollars ($500.00) 39 for each additional summons. The assessment of a civil penalty 40 shall not preclude the institution of a civil action by the zoning 41 administrator pursuant to section 103(a) of this ordinance, but no 42 such violation shall, unless it results in injury to any person, be 43 prosecuted as a criminal misdemeanor. 44 ~ The zoning administrator or his or her designee may issue 45 a civil summons as provided by law for a violation. Any person 46 summoned or issued a ticket for a violation may make an appearance 47 in person or in writing by mail to the city treasurer prior to the 48 date fixed for trial in court. Any person so appearing may enter a 49 waiver of trial, admit liability, and pay the civil penalty 50 established for the offense charged. Such persons shall be informed 51 of their right to stand trial and that a signature to an admission 52 of liability will have the same force and effect as a judgment of 53 court. If a person charged with a scheduled violation does not 54 elect to enter a waiver of trial and admit liability, the violation 2 55 shall be tried in the general district court in the same manner and 56 with the same right of appeal as provided by law. In any trial for 57 a violation, it shall be the burden of the zoning administrator or 58 his or her designee to show the liability of the violator by a 59 preponderance of the evidence. An admission of liability or finding 60 of liability shall not be a criminal conviction for any purpose. 61 (d) Each day during which the violation is found to have 62 existed shall constitute a separate offense. However, specified 63 violations arising from the same operative set of facts shall not 64 be charged more frequently than once in any ten-day period, and a 65 series of specified violations arising from the same operative set 66 of facts shall not result in civil penalties which exceed a total 67 of five thousand dollars ($5,000.00). 68 ~ This section shall not apply to (i) activities related to 69 land development; (ii) violations of sections 215 and 216 of this 70 ordinance; (iii) violations relating to the posting of signs on 71 public property or public rights-of-way; or (iv) violations 72 resulting in injury to any person or persons. 73 74 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 75 TO ALL DISTRICTS 76 77 Sec. 217. Ci~il Penalties [Repealed] 78 (a) hny per30n \lho conotructo, placeo, erect3 or dioplayo a 79 o1gn in violation of any of the provioiono of this ordinance ohall 80 bc ucccooed u civil pcnalty in the amount of one hundred dollaro 3 81 (C100.00) for the initial 3Uff\ffiOnO and not more them t'O;o hundred and 82 fifty do11arc (C250.00) for each additional OUff\ffiono. The aooeooment 83 of a civil penalty chall not preclude the inotitution of a civil 84 action by the zoning admini3trator purouant to oection 103(a) of 85 thio ordinance, but no ouch violation ohall, unleoo it reoulto in 86 injury to any peroon, be pro3ecuted a3 a criminal miodemeanor. 87 (b) The zoning adminictrator or hio or her deoignee may iooue 88 a civil 3UHlfflon3 ao provided by la.vi for a violation. l'ill.y percon 89 oumm:oned or iooued a ticket for a violation may make an appearance 90 in peroon or in \Jriting by mail to the city trea3urer prior to the 91 date fixed for trial in court. ~y peroon 00 appearing may enter a 92 ..;aiver of trial, adm.i t liability, and pay the ci .v.il penalty 93 eotabliohed for the offense charged. Such peroons shall be informed 94 of their right to ctand trial and that a cignature to an admi3oion 95 of liability 'Ovill have the 3ame force and effect a3 a judgment of 96 court. If a per30n charged .v;ith a ocheduled .v.iolation doeo not 97 elect to enter a .v;ai"J"er of trial and admit liability, the violation 98 shall be tried in the general diotrict court in the oame manner and 99 ..vi th the came right of appeal ao provided ~. la.vv.. In any trial for 100 a violation, it ohall be the burden of the zoning adminictrator or 101 hio or her deoignee to oho.v; the liability of the .v"iolator by a 102 preponderance of the evidence. ~ admiooion of liability or finding 103 of liability chall not be a criminal conviction for any purpooe. 104 (c) Each da:t during ..ihich the "v.iolation io found to ha"J"e 105 exioted chall conotitute a oeparate offenoe. IIO\ve7er, opecified 4 106 ~iolationo urioing from the oame operative oct of facto ohall not 107 be charged more frequently than once in any ten duy pcriod, and a 108 ocrieo of opccified violationo arioing from the oame operative oct 109 of facto ohall not reoult in civil penaltieo \y'hich exceed a total 110 of five thouoand dollaro (~5,OOO.00). 111 (d) Thio oection ohall not apply to (i) activitieo related to 112 land de~elopffient, (ii) violationo of oectiono 215 and 216 of thio 113 ordinance, (iii) ~iolationo relating to the pooting of oigno on 114 public property or public righto of ',my, or (i~) violation3 115 reoulting in injury to any per30n or peroono. 116 Adopted by the City Council of the City of Virginia Beach, 117 Virginia on this 11th day of July, 2006. 5 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO AMEND AND REORDAIN SECTION 1809 OF THE CITY ZONING ORDINANCE (APPENDIX A) BY ALLOWING CERTAIN USES AS PRINCIPAL USES IN ACCIDENT POTENTIAL ZONE 1 WHERE ALLOWED AS CONDITIONAL USES IN THE 1-2 INDUSTRIAL DISTRICT Sections Amended: Section 1809 City zoning Ordinance 11 WHEREAS, the public necessity, convenience, general welfare 12 and good zoning practice so require; 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 14 CITY OF VIRGINIA BEACH, VIRGINIA: 15 That Section 1809 of the City Zoning Ordinance is hereby 16 amended and reordained to read as follows: 17 Sec. 1809. Development incentives and permitted uses in APZ-1. 18 (a) The following uses shall be allowed as principal uses 19 on property in Accident Potential Zone 1 (APZ-1) if all design 20 and other features enumerated in Section 1811 are provided: 21 (1) 0-2 Office District: 22 A. Off-street parking in conjunction with 23 permitted uses in an adjoining business 24 district, where such parking: (i) is limited 25 to the zoning lot contiguous with the 26 business district use for which the parking 27 is provided; and (ii) does not extend more 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 than two hundred (200) feet into the 0-2 District. (2) B-2 Community Business District: A. Automobile repair garages and small engine repair establishments where all repair work is performed within a building; B. Automobile establishments dealing repa~r C. D. E. exclusively in minor repairs of the type provided at automobile service stations; Automobile service stations; Boat sales; parking and Conunercial storage garages garages which include car wash, car rental or car detailing wholly services when F. G. H. I. J. enclosed within a parking structure and accessory thereto; Conunercial indoor recreation facilities; Fiber-optics transmission facilities; Mini-warehouses; Mobile home sales; Motor vehicle sales on lots larger than 20,000 square feet; 2 50 51 52 53 54 55 56 57 58 59 60 61 62 K. (3 ) A. B. C. D. E. Public utility maintenance storage or installations. I-l Industrial District: Automobile service stations; Automobile repair garages; Fiber-optics transmission facilities; Firewood preparation facilities; Mobile home sales. (4) I-2 Industrial District: A. B. C. Automobile services stations; Fiber-optics transmission facilities; Firewood preparation facilities. (b) Nothing in this section shall prohibit the City 63 Council from granting a conditional use permit for any of the 64 uses set forth herein upon proper application therefor. 65 Adopted by the City Council of the City of Virginia Beach, 66 Virginia on the 11th day of July, 2006. 3 APPROVED AS TO CONTENT: ~ to ,2-" 0' 1 .~ P annlng Department CA-10034 OID\ordres\I-2 incentives ordin.doc R-3 May 16, 2006 4 APPROVED AS TO LEGAL S{J~ iJf!~' . , . Clty Attorney's Offlce Item V-O.l. - 54- APPOINTMENTS ITEM # 55432 BY CONSENSUS, City Council RESCHEDULED: BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BUILDING CODE OF APPEALS - New Construction BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD EASTERN VIRGINIA HEALTH SYSTEMS AGENCY INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA SOCIAL SERVICES BOARD SPORTS AUTHORITY OF HAMPTON ROADS July 11, 2006 - 55 - Item V-O.2. APPOINTMENTS ITEM # 55433 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Two (2) Members of City Council Vice Mayor Louis R. Jones Council Lady Rosemary Wilson Two (2) Members of Development Authority Donald V. Jellig, Chair Page G. Lea, Vice Chair City Manager City Attorney Chief of Development (when filled) One (1) Resident in APZI Sam Reid OCEANA LAND USE CONFORMITY PLAN Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Harry E. Diezel and James L. Wood Councilman Wood left to represent the Mayor and City Council at the Mass in memory of Judge Philip Russo July 11,2006 - 56 - Item V-N.3. APPOINTMENTS ITEM # 55434 Upon NOMINATION by Councilman Villanueva, City Council APPOINTED: Mark McKenzie Kempsvile High School Junior 2 year term PARKS AND RECREATION COMMISSION Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Harry E. Diezel and James L. Wood Councilman Wood left to represent the Mayor and City Council at the Mass in memory of Judge Philip Russo July 11,2006 - 57 - Item V-N.3. APPOINTMENTS ITEM # 55435 Upon NOMINATION by Councilman Villanueva, City Council APPOINTED: Master Police Officer Jeff Eaton Crime Prevention Specialist RESORT ADVISORY COMMISSION (Planning Design and Review Subcommittee) Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Harry E. Diezel and James L. Wood Councilman Wood left to represent the Mayor and City Council at the Mass in memory of Judge Philip Russo July 11,2006 - 58 - Item V-Roo ADJOURNMENT ITEM # 55386 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:43 P.M. a~-t1-~-_Z'~~ Beverly 0. Hooks, CMC Chief Deputy City Clerk th Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia Councilman Dyer WELCOMED the members of Kempsville Presbyterian Church in attendance and observing the City Council Session. After ADJOURNMENT, Public Comments relative Non Agenda Items were heard and adjourned 8:23 P.M July 11, 2006 - 59 - OPEN DIALOGUE Non Agenda Items Ivy Daniels, 2901 Bald Eagle Bend, Phone: 368-2010, spoke relative vandalism on behalf of children and their parents in the Holland Pines West neighborhood. Mr. Daniels requested mediation. The City Manager has been conferring with Mr. Daniels to develop solutions. Councilman Dyer suggested Mr. and Mrs. Daniels attend the Police Precinct meeting with the Citizens Advisory Group, and representatives of the City at Kellam High School. Normally this meeting is on the first Tuesday of the month; however, due to July lh, the CAC is meeting tonight.. Leona Shuler, 2448 Rose Hall Drive,.Phone: 481-5371, President of Trantwood Lake Corporation, provided an update concerning the Lake Trant Dredging project. Mrs. Shuler provided an analysis of the proposed corrective action plan submitted by the City to the Department of Environmental quality This plan falls far short of the expectations of the residents of Lake Trant. Said information is hereby made a part of the record. Herb Jones, 2313 Sandpiper, Phone: 721-1103, submitted petitions containing over 750 signatures to each member of City Council requesting Reconsideration of the Ordinance upon application of LBH, LLC (Sherwood Lakes) for a Conditional Change of Zoning (Approved: June 13, 2006). The vote was 8-3. Council Lady Henley advised as she is filling the seat (Princess Anne District) of the former Council Member who voted on the prevailing side, could she address the reconsideration. The City Attorney advised this was discussed within his office but determined the vote could not go with the "seat n. Joe Ferrara, 209 Cheltenham Drive, Phone: 498-0650, resident of the APZ1, and requested the Open Mike Policy be re-examined and this Dialogue be televised on Channel 48. Lee Canupp III, 2208 Russet Leaf Lane, Phone: 430-3885, resident of Three Oaks, expressed concern re the traffic on Princess Anne Road and the increased development. Sean R. Smallman, 401 Lake Havasu Drive, Phone: 431-1184, spoke concerning the needfor a neighborhood park in his neighborhood. July 11,2006