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JANUARY 23, 2007 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYORMEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILUAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. ULLEY CITY CLERK - RUTH HODGES FRASER, MMC 23 JANUARY 2007 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINl BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 1. CITY MANAGER'S BRIEFINGS - Conference Room - A. DOME SITE PROPOSAL Lou Haddad, President - Armada Hoffler B. NAVY/CITY MEMORANDUM OF UNDERSTANDING (MOU) William Macali, Deputy City Attorney II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 1:00 PM 3:30 PM v. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend David Howard Brook Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 9, 2007 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATION 1. PROCLAMATION - Muscular Dystrophy Association 1. PUBLIC COMMENT 1. WORKFORCE HOUSING J. CONSENT AGENDA K. RESOLUTIONS/ORDINANCES 1. Resolution ENDORSING and SUPPORTING the implementatio ~ of a "new National Agenda for Urban Parks and Recreation" recognizing the critical importance to communities of abiding by the four (4) principles adopted at the 2006 Chicago Summit. 2. Resolution to AMEND the duties of the Employee Benefits Revifw Task Force. 3. Ordinance to AMEND ~ 37-25 of the City Code re water meters, waIves and manholes being obstructed by parked vehicles. 4. Ordinance to AMEND and REORDAIN the APZ-l/Clear Zone A cquisition Plan, dated February 14,2006, by adding certain properties upon which the rig ht to develop for residential uses has vested as of December 20,2005, deleting stric en portions dated January 23,2007, and setting forth criteria for the City Manager to <: cquire properties after acquisition. L. PLANNING - NO ACTION 1. Applications of VIRGINIA SUPPORTIVE HOUSING at 964 So lth Military Highway (DISTRICT 1 - CENTERVILLE) a. Change of Zoninf! from B-2 Community Business District t< A-12 Apartment District b. Conditional Use Permit re a single room occupancy facili1 y This item was deferred by the Planning Commission to their February 14,: 007 meeting. M. PLANNING 1. Application of CLAYBORN PROPERTIES, LLC for the exvans 'on of a Nonconforminf! Use to enlarge a professional office building at 737 Little Neck Road. (DISTRICT 5 - L YNNHA VEN) Recommendation: APPROV AL 2. Application of TIMOTHY H. HANKINS for the discontinuance, closure and abandonment of a portion of a 15-foot wide alley abutting 849 Sou h Atlantic Avenue re reservation for a City drainage easement. (DISTRICT 6 - BEACH) Recommendation: APPROV AL 3. Application of M&M CONTRACTORS, INC. for a Modificatim of Condition No.1 on a Conditional Use Permit (approved by City Council on July 3, 20( 1, amended and approved February 26,2002, and indefinitely deferred January 31, 0006) at 533 South Lynnhaven Road to allow additional storage space. (DISTRICT 3 - ROSE HALL) Recommendation: APPRO V AL 4. Application of ENTERPRISE RENT -A-CAR for a Conditional lse Permit re motor vehicle rentals at 3680 Holland Road. (DISTRICT 3 - ROSE HALL) Recommendation: APPROV AL 5. Applications of BE CO DEVELOPMENT, L.L.C. at 6226 Provid~nce Road: (DISTRICT 1 - CENTERVILLE) a Chanf!e of Zoninf! District Classification from B-2 CommUl ity Business District to Conditional A-36 Apartment District b. Conditional Use Permit re a senior housing project Deferred: Recommendation: December 12,2006 APPROV AL 6. Application of HICKMAN PLANTATION SHOPPES for a Cha we ofZonim! District Classification from R-20 Residential District to Conditional B-2 Community Business District and R-40 Residential District at General Booth Boulevard ,lnd Nimmo Parkway re a retail shopping center and other parcels around the existing 1 istoric home. (DISTRICT 7 - PRINCESS ANNE) Recommendation: INDEFtNITE DEFERRAL 7. Ordinance to AMEND Sections 111,233.1, 701, 901, 1001, 1501, 1511 and 1521 of the City Zoning Ordinance (CZO), defining the terms: "Alcoholic Beverage" and "Bar or Nightclub," requiring Conditional Use Permits, ADDING standard$ for the consideration of applications for Conditional Use Permits, and ESTABLISHING other regulations pertaining to Bars or Nightclubs in the H-l, B-2, B-3, B-3A, B-4, B,.4C, B-4K, 1-1, 1-2, RT-l, RT-2 and RT-3 Zoning Districts. Recommendation: APPROVAL N. APPOINTMENTS COMMUNITY SERVICES BOARD - CSB HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPE~ OCEANA LAND USE CONFORMITY PLAN COMMITTEE OPEN SPACE ADVISORY COMMITTEE WETLANDS BOARD O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 23 January 2007 Vice Mayor Louis R. Jones called to order the City Manager's Briefing re the DOME SITE PROPOSAL in the City Council Conference Room, City Hall, on Tuesday, January 23, 2007, at 1 :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, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf [Entered: 1:12 P.MJ January 23, 2007 - 2 - C IT Y MANA G E R 'S B R IE FIN G DOME SITE PROPOSAL 1:00 P.M. ITEM # 55992 The City Manager introduced Lou Haddad, President - Armada Hoffler to present the proposal re the development of the Dome Site property. Lou Haddad recognized those in attendance: Bruce Nelker, Regional Vice President - Operations, Crestline Hotels and Resorts, and Bruce Smith (soon to be Hall of Fame National Football League Player) - Bruce Smith Enterprises, Investor with Armada Hoffler. Mr. Haddad displayed the culmination of the first phase of a project originally envisioned by the City's (deceased) Chief Development Officer David Seamon, Sr. David shared his vision for the Oceanfront and Resort area with Messrs Smith and Haddad over a year ago. Several challenges exist in this area. Number one priority is the need for a Convention Center Hotel. Connectivity to the Oceanfront is also necessary (approximately 8/1(jh of a mile away). The lack of 'year round top quality entertainment is another issue as well as congestion and the ability to park the Resort visitors within reasonable proximity to the Beaches allowing residents and visitors to share in the experiences at the Oceanfront. Armada Hoffler is now working on its Ninth Convention Center Hotel. Armada Hoffler's hotels are located in Atlanta, North Georgia, Baltimore, Washington, D.C., as well as a few in this region. A hotel that only has one (1) occupancy driver (Convention Center) can, at its best, expect to be forty (40%) to fifty (50%) percent occupied. Unfortunately a hotel in order to be viable and finance able needs to have occupancy in the seventy (70%) percent range or more. Direct subsidy in this location will be necessary. Mr. Haddad referenced the Hilton in downtown Norfolk which is a $UO-MILLION project of which $65-MlLLION has been contributed by the City ($25-MILLION being a direct infusion into the hotel. The Dome site is a wonderful location for an Entertainment Center. Utilizing the relationships Bruce has developed over the last twenty-five (25) years in the entertainment industry, much conversation with top level executives re locating venues at the Beach ensued. The vision is an Entertainment Center (approximately 140,000 square feet) anchored with a facility in this spot featuring live music venues with a capacity of 2,500 to 3,000 and approximately one hundredfifty (150) or more shows per year. The rest of the Center could be filled with friendly family entertainment. Approximately 1,000 parking spaces will be necessary. Mr. Haddad referenced placing the Convention Center Hotel in the middle of the Entertainment Complex. The second floor of the Complex would have a pedestrian bridge from the parking area to the Entertainment Center. January 23, 2007 - 3 - C I T Y MANA G E R 'S B R IE FIN G DOME SITE PROPOSAL ITEM # 55992 (Continued) Mr. Haddad displayed graphics of the Ground and Second Level Plans. A pedestrian friendly corridor depicted along 19'h Street could start as a catalyst, hopefully continuing to the Oceanfront. I ARMADA HOFfUR I W' f 'v 1 I (' T ~ \, ; T Ground Level Plan ~ ~R ~ ~.~~ ~(),F~l,~l~ ! 2nd Laval Plan IlIITAfL ; lINT.ItTAlNMENT '~(),,)OO$.l 'UTURI! fIlI!TAJt. !i.~'Jf ~U1\i" ,..tlUNG "L_l~ <mSp<,etl,.lmUI~ HOl1!L CONfE'U!NCf CENTER lIuraloaNT.AL 3L~' <,'~)O()~I!L~ l;'U''''l../L....... PARKING ol.aWl!!> 2~5p"','4i".P,l"l.NOIl CON,....NCI CINT.1Il ,~ i ~ ! i The problem with connectivity still exists. One of the first questions posed by Meeting Planners is: "Is the hotel adjacent to the Convention Center?" The Convention attendees are not going to want to walk or be shuttled. The conception of a "people mover" was explored. Artist rendering depictions were displayed. This "people mover" will provide the connectivity to the headquarters Hotel, as well as the Convention Center to the Oceanfront, and provide "park and ride" parking for the residents. A Hyatt or Marriott is being reviewed as a possibility for a Convention Center Hotel. These "people movers" (electric, pollution free) have a very narrow profile now and travel the existing right -of- ways. January 23, 2007 - 4 - C IT Y MANA G E R 'S B R IE FIN G DOME SITE PROPOSAL ITEM # 55992 (Continued) The Consultants, Jakes and Associates, were contacted. They have been responsible for five (5) of the monorails in Las Vegas, as well as various applications across the United States and worldwide. Expanding the line along the entire Resort Area needs to be examined. Armada Hoffler is confident this proposal is in compliance with the Navy's vision. January 23, 2007 - 5 - C I T Y MANA G E R 'S B R IE FIN G DOME SITE PROPOSAL ITEM # 55992 (Continued) Armada Hoffler and Crestline (one of the largest management companies in the United States) wishes to review this proposal along with the Convention Center staff and with the Meeting Planners. On a preliminary basis, Armada Hoffler believes the whole proposed complex generate enough revenue to handle the infrastructure cost (parking and people mover). Their vision is to have Virginia Beach com ete success ull re with cities such as Ocean Ci ,Hilton Head, Myrtle Beach, et cetera. Bruce Smith advised this proposal is very dynamic and exciting which will make the citizens happy to be participants. Armada Hoffler, Bruce Smith and Crestline wish to make Virginia Beach a year 'round destination. Now is the time to make a significant investment in an Entertainment District. January 23, 2007 - 6 - C IT Y MANA G E R 'S B R I E FIN G DOME SITE PROPOSAL ITEM # 55992 (Continued) This Entertainment Center t will enhance the Convention Center and maximize its opportunities. The City Manager advised Public Comment re the Dome Site Proposal could be scheduled for February 6, 2007. Armada Hojjler. Crestline Hotels and Resorts and Bruce Smith Enterprises are proposing a non-exclusive option period for discussions and feasibility studies which will involve approximately six (6) months and a cost to them of approximately $l-MILLION. Significant participation by the City staff is requested, i.e. Public Works, Convention Center representatives. This proposal would be subject to City Council's approval. Councilman Uhrin suggested a committee be established to develop at least two (2) Requests for Proposal. (RFP). The first RFP would be to develop the Dome Site with a focus on entertainment and the second RFP would be to develop a headquarters hotel. not necessarily site specific. An RFP for the Rudee site was also suggested. Councilman Uhrin suggested a one-half or day long workshop. This Committee would be composed of the City Manager, City Attorney, Director - Convention and Visitors Bureau, two (2) members of City Council and two (2) members of the Resort Advisory Commission (RAC). This would ideally coincide with the Hunter Study (to be completed in mid February). These RFP's would be brought to City Council for review. Council Lady McClanan believes the decision should be made slowly and deliberately. Council Lady McClanan wished to hear all proposals. Councilman Dyer suggested a site evaluation plan concurrent with the receiving of the Requests for Proposal. Councilman DeSteph also emphasized the Navy should be an active artici ant in the RFP develo ment rocess. The City Attorney advised City Council might wish to discuss this matter in Closed Session. The City Attorney clarified Armada Hoffler, Crestline and Bruce Smith Enterprises are requesting a non-exclusive period of six (6) months to negotiate. Mr. Haddad wishes the City Council to go forward with the Request for Proposal (RFP), if this process fails. The City Attorney believes it would be incompatible if the City Council were to issue a Request for Proposal (RFP) on this Dome Site unless at the end of the six (6) months or sooner, City Council rejected the Armada Hojjler proposal. Then the RFP could be issued. January 23, 2007 - 7 - C I T Y MANA G E R 'S B R IE FIN G DOME SITE PROPOSAL ITEM # 55992 (Continued) PUBLIC COMMENT re this Dome Site Proposal may be scheduled for the City Council Session of February 6, 2007, at which time, City Council will decide to allow Armada Hoffler, Crestline and Bruce Smith to proceed with this non-exclusive period to negotiate. The Public Comment may be scheduled after the City receives the Hunter Study. January 23, 2007 - 8 - C IT Y MANA G E R 'S B R I E FIN G NA VY/CITY MEMORANDUM OF UNDERSTANDING (MOU) ITEM # 55993 2:35 P.M. Mayor Oberndorf advised at the end of last week, Captain Patrick Lorge, Commander of NAS Oceana. called and requested the NA VY/CITY MEMORANDUM OF UNDERSTANDING (MOU) Briefing be removedfrom the City Council Agenda. The City Attorney advised the Navy is requesting deferral as they are still going through their approval process. BY CONSENSUS, this ITEM WAS REMOVED FROM THE AGENDA to be scheduledfor afuture date. January 23, 2007 - 9 - CITY COUNCIL COMMENTS 2:52 P.M. ITEM #55994 Councilman Villanueva expressed concern for the recent rash of vandalism through the City. Councilman Villanueva noted the manner in which fines can be increased to prevent these occurrences. He suggested the City communicate with Virginia Beach City Schools and the Recreation Centers. Councilman Dyer, advised the graffiti (extremely bad language) was placed directly on the residents' homes. Councilman Dyer, as the Liaison - Clean Community Commission, discussed this situation with Dan Baxter, Chair. Councilman Dyer inquired if Sheriff Lanteigne's Work Force could be part of a graffiti removal team. Chief Jacocks and Captain Tony Zucaro have a plan coming out in March to address this "gang" problem. The community must have assurances. The City is aware of these problems and is trying to address this situation. The residents of Level Green are experiencing a tremendous amount of difficulty with vandalism. The City Attorney advised he will confer with the Police Department and report to City Council, as he was not aware of the types of damages and situations involved. Mayor Oberndorf referenced the newspaper article concerning additional funding to the State will be going to Virginia Beach's sister cities Police Departments, while Virginia Beach is reduced by $361,000 for their Police Department. Mayor Oberndorf is concerned because it appears if the Police Department performs effectively, the funds are reduced. Mayor Oberndorf requested iriformation be provided concerning this funding. The City Manager advised these are the 599 Funds and there are a couple of additional Bills to be introduced in the General Assembly to change the formula. The City's General Assembly representatives will be advised to keep the City appraised of the situation. ITEM # 55995 Council Lady McClanan referenced the newspaper article relative a lady residing in the Lake Edward complex. She reported "The Police Department did not have time to answer the newspaper reporter's questions concerning the citizens' concerns relative writing of Warrants". A citizen must wait at least four (4) or five (5) hours. Council Lady McClanan requested the Police advise and also provide information re places to swear out a Warrant which would be more convenient to the particular neighborhood residents. ITEM # 55996 Mayor Oberndorf referenced the Town Meeting re the City Council's Top Priority Goal: Improved Transportation System: Tuesday, January 30, 2007 7:15 P.M. - 9:00 P.M. Kellam High School January 23, 2007 - 10- CITY COUNCIL COMMENTS ITEM # 55997 Mayor Oberndor! referenced: CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE April 10 (Workshop) April 17 (Workshop) April 19 (Public Hearing) April 24 (Workshop) April 24 (Public Hearing) May 1 (Workshop) May 8 (Reconciliation Workshop) May 15 (Adoption) ITEM # 55998 Council Conference Room Council Conference Room Bayside High School at 6:00 p.m. Council Conference Room Council Chamber at 6:00 p.m. Council Conference Room Council Conference Room Council Chamber at 6:00 p.m. The City Manager advised a tentative date of March 12, 2007, has been selected for the City Council Mid-Year Retreat. Information shall be provided. January 23, 2007 - 11 - CITY COUNCIL LIAISON REPORTS ITEM # 55999 Councilman DeSteph, Liaison - Review and Allocation Committee (Community Organizational Grants) advised COG has addressed and solved the issue with Beach Health Clinic. ITEM # 56000 Council Lady Henley, representing Virginia Beach/Jamestown 2007 Steering Committee, advised the first lecture in the series is tomorrow. January 24. 2007. Central Library, at 7:30 P.M Helen Rountree. authority on the Algonquin Indians, will be speaking. There will be a total offour (4) lectures, three (3) at Central Library and one at Virginia Wesleyan. ITEM # 56001 Council Lady Henley referenced the Virginia Beach 2007 Boardwalk History Festival meeting. The meeting for representatives of groups which wish to participate is scheduled for Thursday, January 25, 2007, at 7:00 P.M. in the Eastern Shore Chapel, 2020 Laskin Road. Booths will be provided to display the history of the representative organizations. The Virginia Beach 2007 Boardwalk History Festival will be held on Saturday, April 28, 2007. Mayor Oberndorf advised the Jewish Congregation at the Oceanfront was interested. Council Lady Henley will provide information. January 23, 2007 - 12 - AGE N DA REV IE W S E S ION 2:47 P.M. ITEM # 56002 Mayor Oberndorf referenced correspondence from John D. Moss, Chair - Virginia Beach Taxpayers Alliance, requesting the Public Comment re Workforce Housing be DEFERRED. This evening, January 23, 2007, Mr. Moss will be speaking to the Lake Shores Civic League at Shelton Park Elementary School on VBTA's position re the real estate tax rate for the FY 2007-08 Operating Budget. Councilman Moss requested City Council not take a formal vote adopting this Policy until at least thirty (30) days after the Worliforce Housing report is made available to the Virginia Beach Taxpayers Alliance as well as like organizations. Said correspondence is hereby made a part of the record. The Mayor noted correspondence from Robert Dean - Virginia Beach Taxpayers Alliance, requesting five (5) copies of the Workforce Housing Report. Council Lady McClanan said an additional Public Comment Session should be scheduled later. Andy Friedman, Director - Housing and Neighborhood Preservation, advised this is a Public Comment Session only. The plan is to bring to City Council a request to authorize the drafting of the detailed program requirements of the Workforce Housing in February. Mr. Friedman advised the Worliforce Housing Report is on the City's Website. Stephen White, Planning, advised, this report was also published on the website during review by the Planning Commission. ITEM # 56003 1. Resolution ENDORSING and SUPPORTING the implementation of a "new National Agenda for Urban Parks and Recreation" recognizing the critical importance to communities abiding by the four (4) principles adopted at the 2006 Chicago Summit The City Manager advised Virginia Beach has the 26th largest city Parks and Recreation Department in the United States and has two hundred thirty (230) parks that serve the City's 437,000 residents. Although City Council has generously provided funding for the maintenance of these facilities, a capital infrastructure and asset maintenance backlog of over $80-MILLION is projected tfor the next twenty-five (25) years. If current and future Capital Improvement Program (CIP) funding could be matched by federal and state grants, the backlog would be reduced significantly. ITEM # 56004 2. Resolution to AMEND the duties of the Employee Benefits Review Task Force. Councilman DeSteph advised the Mercer briefing will be scheduled for Thursday, January 25, 2007. This Resolution expands the duties of the Task Force to include review and recommendations with respect to current andfuture retiree benefits and the overall sustainability of retiree health benefits. January 23, 2007 - 13 - AGE N DA REV IE W S E S ION ITEM # 56005 3. Ordinance to AMEND 8 37-25 of the City Code re water meters, valves and manholes being obstructed by parked vehicles. Deputy City Attorney Macali referenced a correction: Line 30, Page 2: ".... at the prepcrty eWHcr's vehicle owner's expense shall be posted on the door of the home or business and on the item obstructing the meter. " Councilman Wood referenced discussion relative the vehicle not being towed. if the owner's account was not delinquent and the estimate continued to be paid. This correction shall be made and the AMENDED Ordinance distributed to City Council in the Formal Session. ITEM # 56006 BY CONSENSUS, thefollowing shall compose the CONSENT AGENDA: K. RESOLUTIONS/ORDINANCES 1. Resolution ENDORSING and SUPPORTING the implementation of a "new National Agendafor Urban Parks and Recreation" recognizing the critical importance to communities abiding by the four (4) principles adopted at the 2006 Chicago Summit. 2. Resolution to AMEND the duties of the Employee Benefits Review Task Force. 3. Ordinance to AMEND 8 37-25 of the City Code re water meters, valves and manholes being obstructed by parked vehicles. 4. Ordinance to AMEND and REORDAIN the APZ-l/Clear Zone Acquisition Plan. dated February 14, 2006, by adding certain properties upon which the right to develop for residential uses has vested as of December 20, 2005, deleting stricken portions dated January 23, 2007, and setting forth criteria for the City Manager to acquire properties after acquisition. Council Lady McClanan will vote a VERBAL NA Y on Item K.1. (National Agendafor Urban Parks and Recreation) K.3 (water meters. valves and manholes obstructed by parked vehicles) will be REVISED, BY CONSENT January 23, 2007 - 14 - AGE N DA REV IE W S E S S ION ITEM # 56007 M.8. Ordinance to AMEND Sections 111, 233.1, 701,901, 1001, 1501, 1511 and 1521 of the City Zoning Ordinance (CZO) , defining the terms: "Alcoholic Beverage" and "Bar or Nightclub, " requiring Conditional Use Permits, ADDING standards for the consideration of applications for Conditional Use Permits, and ESTABLISHING other regulations pertaining to Bars or Nightclubs in the H-1, B-2, B-3, B-3A, B-4, B- 4C, B-4K. 1-1, 1-2, RT-1, RT-2 and RT-3 Zoning Districts. This item will be discussed in FORMAL SESSION ITEM # 56008 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT Agenda: M. PLANNING 1. Application of CLAYBORN PROPERTIES, LLC for the expansion of a Nonconforming Use to enlarge a professional office building at 737 Little Neck Road. (DISTRICT 5 - LYNNHA VEN) 2. Application of TIMOTHY H. HANKINS for the discontinuance, closure and abandonment of a portion of a 15-foot wide alley abutting 849 South Atlantic Avenue re reservation for a City drainage easement. (DISTRICT 6 - BEACH) 3. Application of M&M CONTRACTORS, INC. for a Modification of Condition No. 1 on a Conditional Use Permit (approved by City Council on July 3, 2001, amended and approved February 26, 2002, and indefinitely deferred January 31, 2006) at 533 South Lynnhaven Road to allow additional storage space. (DISTRICT 3 - ROSE HALL) 4. Application of ENTERPRISE RENT-A-CAR for a Conditional Use Permit re motor vehicle rentals at 3680 Holland Road. (DISTRICT 3 - ROSE HALL) 5. Applications of BECO DEVELOPMENT, L.L.C. at 6226 Providence Road: (DISTRICT 1- CENTERVILLE) a. Change of Zoning District Classificationjrom B-2 Community Business District to Conditional A-36 Apartment District b. Conditional Use Permit re a senior housing project January 23, 2007 - 15 - AGE N DA REV I E W S E S S ION ITEM # 56008 (Continued) 6. Application of HICKMAN PLANTATION SHOPPES for a Chanze of Zoning District Classification from R- 20 Residential District to Conditional B-2 Community Business District and R-40 Residential District at General Booth Boulevard and Nimmo Parkway re a retail shopping center and other parcels around the existing historic home. (DISTRiCT 7 - PRiNCESS ANNE) Item M3. (M & M CONTRACTORS, INC.) shall be DEFERRED INDEFINITELY, BY CONSENT. Item M4 ENTERPRISE RENT-A-CAR) shall be DEFERRED until the City Council Session of February 13, 2007, BY CONSENT. Council Lady McClanan shall vote a VERBAL NAY on Item M5 (BECO DEVELOPMENT, L.L.c.) Item M.6. (HICKMAN PLANTATION SHOPPES) shall be DEFERRED INDEFINITELY, BY CONSENT January 23, 2007 - 16 - ITEM # 55609 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: 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)(l) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies Appointment of Deputy City Attorneys 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). APZ-1 Properties Bayside Dsitrict Beach District Dome Site Rudee Site Convention Center Site TPC Site LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2- 3711 (A)(7). Development Proposals Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION (3:33 P.M.). 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 (Closed Session: 3:43 P.M. - 5:43 P.M.) (Break: 3:36 P.M. - 3:43 P.M.) (Dinner: 5:43 P.M. - 6:00 P.M.) January 23, 2007 - 17 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 23, 2007 6:06 P.M. Vice Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 23, 2007, at 6:06 P.M, and explained the Mayor was on her way to the Us. Conference of Mayors in Washington, D.C. Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf [Attending Us. Conference of Mayors Conference in Washington, D.C. Member of the Executive Board. President Bush will be speaking to The Conference of Mayors. INVOCATION: Reverend David Howard Brook Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the 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. January 23, 2007 - 18 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 56010 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 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, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf January 23, 2007 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 # 56009, Page 16, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NO}iY, THEREFORE, BE IT RESOL VED: 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. ~~C'~I City Clerk January 23, 2007 - 19 - Item V-F.I. MINUTES ITEM #56011 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of January 9.2007. Voting: 10-0 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. John E. Uhrin, Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndor! January 23, 2007 - 20 - Item V-G 1. ADOPT AGENDA FOR FORMAL SESSION ITEM #56012 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 23, 2007 - 21 - Item V-H.l. MAYOR'S PRESENTATION ITEM #56013 Vice Mayor Jones PRESENTED a Resolution in Recognition: MUSCULAR DYSTROPHY ASSOCIA TION The Muscular Dystrophy Association combats neuromuscular diseases through programs of worldwide research, medical and community services as well as far-reaching professional and public health education. The Association relies heavily on individual private contributors, receiving no government grants, United Way funding or fees from those it serves. On January 27, 2007, the local Chapter of the Muscular Dystrophy Association will hold its Sixth Annual MDA Crystal Ball. This event will feature a gala reception, auction, dinner and dance, the proceeds of which will go to Muscular Dystrophy research. The City Council of the City of Virginia Beach, Virginia, hereby acknowledges the prior success of this event which has raised $922,000 in itsfive year existence. The City Council of the City of Virginia Beach encourages the citizens of the City to support this worthy cause and commends it's founder, Linda Fox-Jarvis, on her vision and ability to continue carrying out such a successful event. Mrs. Janice Johnson, District Director, Muscular Dystrophy ACCEPTED the Resolution with appreciation. January 23, 2007 - 22 - Item V-I.I. PUBLIC COMMENT ITEM #56014 Vice Mayor Jones INVITED PUBLIC COMMENT: WORKFORCE HOUSING: Iva Nash, President - Virginia Beach Education Association, 540 Cedar Lane, Phone; 486-3146, spoke on behalf of the Coalition of Public Employees in support of the recommendations of the Subcommittee on Workforce Housing Jim Romeo, 1008 Weeping Willow, Chesapeake, Phone: 574-5960, member of Tidewater Swords of Justice, an Advocacy Group of the Richmond Catholic Diocese, spoke in SUPPORT offair and affordable housing John Olivieri, 1120 Laskin Road, Suite 101, Phone: 438-3054, Member - Tidewater Builders Association, Housing Roundtable, made ajoint presentation with Tim McCarthy, Empower Hampton Roads Tim McCarthy, Phone: 581-6938, representing Empower Hampton Roads, Housing Roundtable, made a joint presentation with John Olivieri, Member - Tidewater Builders Association. Mr. McCarthy outlined the recommendations of the Housing Roundtable Mary Kay Horoszewski, Executive Director - Virginia Beach Community Development Corporation, 2700 International Parkway, Suite 300, Phone: 463-9516, spoke in SUPPORT of the Workforce Housing Program and requested certain recommendations be encompassed within the program guidelines. Said statement is hereby made a part of the record. The home ownership program should serve families who make no more than 120% of the area median income. Some of the homes should be affordable to families who earn less than 120% and as little as 80% of the area median income George Horey, 2072 Regatta Circle, Phone: 496-1053, Member - Holy Family Church, Empower Hampton Roads and Housing Roundtable, endorsed the recommendations for Workforce Housing as a great start. However, the recommendations should target those who are between 80% and 120% of the area median which do not include Police Officers, Fire Fighters, Correction and Police Officers, et cetera. One of the key recommendations is to appoint an Advisory Committee to test the impact and effectiveness of the Workforce Housing ordinance enacted Nancy Craft, 3112 New Bridge Road, Phone: 426-2019, Member - Empower Hampton Roads Abigail Nicdao Causey, 560 Caren Drive, Phone: 463-1483, Social Minister and Member - Empower Hampton Roads Angela K. James, 3688Windmill Drive, Hone: 615-1006, Member - Empower Hampton Roads, advised for this concept to work, the correct legislation must also pass at the State level and the builders must use it Frank McKinney, 4705 Chalfant Drive, Phone: 595-1095, Realtor, Member - Holy Spirit Catholic Church and Member - Empower Hampton Roads, spoke re the need for mixed-income affordable housing January 23, 2007 - 23 - Item V-I.1. PUBLIC COMMENT ITEM #56014 (Continued) David M Grochmal, 219-A 68th Street, Phone: 422-1511, Chair - Mayor's Committee for Persons with Disabilities, spoke in SUPPORT of the Workforce Housing program. Mr. Grochmal hopes the concept of universal housing design will be included in this program Steve Lawson, 1015 South Bay Shore Drive, Phone: 499-6161, President - Lawson Companies, (a building company in Virginia Beach), Member - Workforce Housing Committee and worked with a wide variety of stakeholders. The Workforce Housing proposal is a great start Neal Windley, 5685 Virginia Beach Boulevard, Phone: 455-0050, represented Habitatfor Humanity, endorsed the recommendations of the Task Force, with the exception of Item 15 re the Design Center. The staff is encouraged as they develop the Design Center concept to involve builders and developers and not include extra costs re additions or improvements to homes. There being no further speakers, Vice Mayor Jones CLOSED the PUBLIC COMMENT. January 23, 2007 - 24- Item v'K. RESOLUTIONS/ORDINANCES ITEM #56015 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Resolutions/Ordinances 1,2,3 (AS REVISED) and 4 of the CONSENT AGENDA Voting: 10-0 (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, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf Council Lady McClanan voted a VERBAL NA Y on Item K.l. (New National Agenda/Urban Parks and Recreation) January 23, 2007 - 25 - Item V.K 1. RESOLUTIONS/ORDINANCES ITEM #56016 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED: Resolution ENDORSING and SUPPORTING the implementation of a "new National Agenda for Urban Parks and Recreation" recognizing the critical importance to communities abiding by the four (4) principles adopted at the 2006 Chicago Summit Voting: 9-1 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Mayor Meyera E. Oberndorf January 23, 2007 Requested by Mayor Meyera E. Oberndorf 1 2 3 A RESOLUTION EDORSING AND SUPPORTING THE IMPLEMENTATION OF A NEW NATIONAL AGENDA FOR URBAN PARKS AND RECREATION 4 WHEREAS, there are thousands of urban parks in the nation's 5 communities that help to enrich the lives of millions of 6 Americans everyday and 230 of those parks serve the 437,000 7 residents of Virginia Beach, and 8 WHEREAS, urban parks provide countless social, health and 9 environmental benefits for the residents of the nation's 10 communities, such as helping to reduce air pollution, protecting 11 communities from flooding, providing a safe place for children 12 to play and learn, and providing a place for health recreation, 13 physical activity, and family gathering, usually at no or low 14 cost; and 15 WHEREAS, many of the nation's local parks and recreation 16 systems in the nation's communi ties have long recogni zed the 17 important benefits of urban parks and have used their best 18 efforts to make ongoing investments of local funds to improve 19 their parks; and 20 WHEREAS, the increased demand for park space and 21 recreational facilities in many of the nation's communities, 22 together with aging park infrastructure in cities such as 23 Virginia Beach, has resulted in a situation where many local 24 governments and local park and recreation systems have been 25 unable to keep pace with the tremendous costs of making the 26 needed repairs, improvements and upgrades to their local parks; 27 and 28 WHEREAS, the National Recreation and Park Association has 29 recently estimated that funding for local parks and recreation 30 is predicted to fall $38 billion short of meeting basic needs 31 over the next four years and in Virginia Beach there is a 32 current need for infrastructure estimated at $80 million over 33 the next 25 years; and 34 WHEREAS, despite the clear and important benefits of urban 35 parks to the health and welfare of the nation's communities, and 36 a demonstrated need for more funding, in recent years the 37 federal government has failed to provide adequate funding for 38 the nation's urban parks; and 39 WHEREAS, in May 2006, representatives of the largest urban 40 park and recreation systems In the United States gathered 41 together in Chicago for an "Urban Parks Summit" to create a new 42 national agenda for urban parks and recreation, a new compact 43 among federal, state and local governments, along with citizens 44 groups, private foundations and businesses; and 45 WHEREAS, the new national agenda for urban parks and 46 recreation is premised upon four guiding principles and beliefs; 47 as follows: 48 49 50 51 52 53 54 55 56 Urban parks must continue to promote health and wellness; Urban parks must continue to stimulate community and economic development; Urban parks must continue to protect the environment; and Urban parks must continue to educate, protect and enrich America's young people; and WHEREAS, the new national urban parks and recreation agenda 57 calls upon the President of the United States and the U.S. 58 Congress to provide increased federal funding for urban parks in 59 the nation's communities, in exchange for a commitment from 60 state and local governments to match the federal funds dollar 61 for dollar; and 62 WHEREAS, this new urban parks agenda, which is premised 63 upon these four guiding principles and a renewed commitment by 64 all levels of government to invest in the nation's communi ties 65 by investing In parks, will help to protect and ensure the 66 countless value of urban parks for generations to come; and 67 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 68 CITY OF VIRGINIA BEACH, VIRGINIA: 69 That the City of Virginia Beach recognizes the invaluable 70 role of urban parks to the nation's communities and to the 71 citizens of Virginia Beach; and 72 BE IT FURTHER RESOLVED that City Council hereby endorses 73 the new "National Agenda for Urban Parks and Recreation," 74 adopted at the Urban Parks Summit in Chicago in May, 2006, and 75 recognizes the critical importance to the nation's communi ties 76 of abiding by the four guiding principles for urban parks 77 adopted at that Summit. 78 Adopted by the Council of the City of Virginia Beach, 79 Virginia on the 23rd day of January , 2007. Approved as to Legal Sufficiency: ~~~ City Attorney's Office CAI0251 V:\applications\citylawprod\cycom32\Wpdocs\D016\POOl\O0026407.DOC R-3 January 17, 2007 - 26 - Item V,K 2. RESOLUTIONS/ORDINANCES ITEM #56017 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED: Resolution to AMEND the duties of the Employee Benefits Review Task Force Voting: 10-0 (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, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf January 23, 2007 1 Requested by Councilmembers Harry Diezel & Bill DeSteph 2 3 4 A RESOLUTION AMENDING THE DUTIES OF THE EMPLOYEE BENEFITS REVIEW TASK FORCE 5 WHEREAS I on October 241 20061 City Council established the 6 Employee Benefits Review Task Force (the "Task Forcell) to 7 comprehensively analyze employee benefits and alternative 8 benefit options to aid the City Council in making budgetary 9 decisions about such benefitsi and 10 WHEREAS I the October 241 2006 resolution provides that any 11 recommendations of the Task Force I if adopted by City Council I 12 shall apply only to employees hired after July 11 2007i and 13 WHEREAS I on December 121 20061 the City Council suspended 14 proposed increases in retiree health insurance premiums until 15 July 11 20071 to enable City Council to review the 16 recommendations of the Task Forcei and 17 WHEREAS I the City Council would benefit from the review and 18 recommendations of the Task Force with respect to current and 19 future retiree benefits and the overall sustainability of 20 retiree health benefits. 21 NOWI THEREFORE I BE IT RESOLVED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH I VIRGINIA: 23 That I in addition to the duties outlined in the October 241 24 2006 resolution and the December 121 2006 resolutionl the City 25 Council hereby requests that the Employee Benefits Review Task 26 Force review and present recommendations regarding the benefits 27 offered to current and future retirees and the overall 28 sustainability of the City/s retiree health benefits. 29 30 Adopted by the Council of the City of Virginia Beachl 31 Virginia on the 23rd day of January 1 2007. Approved as to Legal Sufficiency: i' 'C 1 '. J~lIYU ;- K.~~/,,- C{ty Attorney/s ffice CA 10250 R-1 January 121 2007 - 27- Item V,K 3. RESOLUTIONS/ORDINANCES ITEM #56018 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED, AS REVISED: Ordinance to AMEND ~ 37-25 of the City Code re water meters, valves and manholes being obstructed by parked vehicles. Line 30, Page 2: "....at the praperty awncr's vehicle owner's expense shall be posted on the door of the home or business and on the item obstructing the meter. " The vehicle would not be towed, if the owner's account was not delinquent and the estimate continued to be paid. Voting: 10-0 (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, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf January 23, 2007 1 2 3 4 AN ORDINANCE TO AMEND SECTION 37- 25 OF THE CITY CODE PERTAINING TO OBSTRUCTING VALVES, MANHOLES, METERS, ETC. 5 SECTION AMENDED: 37-25 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 37-25 of the Code of the City of Virginia 9 Beach, Virginia, is hereby amended to read as follows: 10 Sec. 37-25. Obstructing valves, manholes, meters, etc. 11 (a) It shall be unlawful for any person to intentionally 12 place, upon or about any gate valve, manhole, fire hydrant, stop 13 cock, meter or meter box connected with the water pipes of the 14 city's system of waterworks, any vehicle, trailer or object, 15 material, debris or structure of any kind which will prevent 16 free access to such facilities at all times. It shall be the 17 responsibility of the owner or occupant of all premises upon 18 which such facilities are placed to maintain a one-foot 19 clearance around all such facilities; provided, that there shall 20 be a three (3) foot clearance surrounding any fire hydrant. (b) Upon finding that access to a meter for purposes of 21 22 disconnection of service on the basis of account delinquency is 23 prevented by a motor vehicle or trailer parked on or over such 24 meter, the Director of Public Utilities or his designee shall 25 contact the customer served by the meter and request such 26 customer to move the motor vehicle or trailer so as to allow 27 access to the meter. If the customer cannot be contacted or 28 refuses to cooperate, a written notice stating that the motor 29 vehicle or trailer, or any other motor vehicle or trailer parked 30 in such manner as to prevent access to the meter, will be 31 removed after five (5) days at the vehicle owner's expense shall 32 be posted on the door of the home or business and on the item 33 obstructing the meter. If after five (5) days access to the 34 meter is still prevented by a motor vehicle or trailer, such 35 motor vehicle or trailer may be towed, at the vehicle owner's 36 expense, by or at the direction of the Police Department in 37 accordance with applicable provisions of the City Code; 38 provided, however, that the permission of the owner or occupant 39 of the property from which the motor vehicle or trailer lS towed 40 shall not be required. Prior to the actual towing of the motor 41 vehicle or trailer, the owner or occupant, if present, shall be 42 given the opportunity to move the motor vehicle or trailer. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 23rd day of January, 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: JAt/wl~mc4~l ]fC Public Utilities I' CA-10141 V:\applications\citylawprod\cycom32\Wpdocs\D006\P001\O0019724.DOC R-5 January 16, 2007 Policy Report OBSTRUCTING METERS A PROPOSAL TO AMEND VIRGINIA BEACH CITY CODE TO CHANGE THE PROCEDURE FOR ADDRESSING WATER METERS OBSTRUCTED BY VEHICLES BACKGROUND Like other water utilities, Virginia Beach has a small subset of customers who avoid paying water and sewer charges by intentionally parking a car over the water meter. At any given time, up to two-dozen cars are parked on top of Virginia Beach water meters. Some of these obstructions are unintentional, and the vehicles are promptly relocated upon request and/or notice to move the vehicle. But many of these obstructions are intentional and are not corrected, even after numerous notifications and requests. Consequently, the meters remain inaccessible, the customers continue to receive water and sanitary sewer services, and the delinquent charges continue to accrue month after month, with account balances often exceeding $1,000. Moreover, Public Utilities will often invest several hundred dollars or more of staff resources in repeated attempts to access one of these meters. Efforts to seek court orders to move these vehicles would be extremely unwieldy, not very successful, and would cost far more than the outstanding balances owed. Historically, many of these customers avoid paying their accounts for a number of billing cycles, and some move out of the property, which exponentially diminishes the City's ability to collect the debt. Even after court proceedings are initiated to collect delinquent amounts, it may be years before Public Utilities realizes any of the monies owed, if ever. Other municipal utilities in Hampton Roads resolve this issue by towing vehicles that are deliberately obstructing access to meters. However, the Virginia Beach City Code does not currently provide such authority to Public Utilities. The purpose of this policy report is to recommend amendment to S37 -25 of the City Code to authorize the towing of vehicles obstructing water meter boxes. CONSIDERATIONS Virginia Beach City Code S37 -25 prohibits the obstructing of meter boxes so as to prevent access: 937-25. Obstructing valves, manholes, meters, etc. "It shall be unlawful for any person to place, upon or about any gate valve, manhole, fire hydrant, stop cock, meter or meter box connected with the water pipes of the city's system of waterworks, any object, material, debris or structure of any kind which will prevent free access to such facilities at all times. It shall be the responsibility of the owner or occupant of all premises upon which such facilities are placed to maintain a one-foot clearance around all such facilities; provided, that there shall be a three (3) foot clearance surrounding any fire hydrant." However, this language does not specifically address the parking of vehicles on meter boxes, nor does it authorize the towing of an obstructing vehicle. As noted below in City Code 937-2, violations of Chapter 37, generally, are punishable as Class 3 misdemeanors with monetary fines of up to $500, and no jail time. 937-2. Violations of chapter generally. "Unless otherwise specifically provided, any person who shall violate any of the provisions of this chapter shall be guilty of a Class 3 misdemeanor and each day's continuation of a violation shall be considered a separate offense. Any such person shall, furthermore, be liable for all damage, loss and expense suffered or incurred by the city as a result of such violation." The existing remedy is unwieldy, time consuming, and very expensive administratively. Public Utilities' attempts to use criminal statutes to enforce these types of situations have had poor track records and have cost the City far more than the delinquent balances. Even if a fine were eventually imposed, it would often be less than the account balance, would not be paid to Public Utilities, and would not require that the customer move the vehicle. Other municipalities in Virginia and in Hampton Roads employ towing to remove vehicles obstructing access to water meter boxes, including Chesapeake, Norfolk, and Portsmouth. In Chesapeake, if a water meter is obstructed, the customer is given notice to move the vehicle. If the vehicle is not moved, utility personnel notify the police. The police go to the property and inform the customer that the vehicle will be towed if it is not moved. Chesapeake indicates that this nearly always produces the desired outcome and they have rarely, if ever, had to actually tow a vehicle. In Norfolk, towing is approved by the City Manager on a case-by-case basis. Currently, the city's assistant fire marshal has the authority to direct towing operations. When instructed, he appears at the property and gives the vehicle owner 15 minutes to move the vehicle. If the vehicle is not moved, he calls a contracted towing service. Then he calls the meter reader so that a reading can be obtained. The process in Portsmouth is similar to Chesapeake's. If a customer will not move a vehicle upon notice or request from utility personnel, the police are notified. If the customer will not move the vehicle at the request of the police, the vehicle is towed. Having the authority to tow an obstructing vehicle would provide Public Utilities a low cost and efficient means to remedy situations in which water meters are intentionally blocked. Similar to the Chesapeake experience, it is highly expected that simply having the authority to tow an obstructing vehicle combined with notice that the vehicle will be towed if not relocated will produce the desired result in all but a handful of situations. Towing would be coordinated through the Virginia Beach Police Department and the current City towing contract, as follows: ~ If a meter cannot be read because a vehicle is obstructing the meter box, the meter reader will attempt to contact the customer and ask that the vehicle be relocated. If this does not work, a notice is left on the vehicle and water demand is estimated based upon past consumption. A utility bill based upon the estimated consumption is mailed to the customer. This is current practice - Public Utilities will not tow a vehicle simplv because a meter cannot be read. ~ If the utility bill is not paid within 30 days of the billing date, the customer is sent a final notice indicating that the bill must be paid within 15 days or service is subject to termination. This is current practice. ~ If the utility bill is not paid within 45 days from the billing date, the account is declared delinquent. This is current practice. ~ If the account remains unpaid by 50 to 54 days from the billing date, a service inspector will attempt to discontinue service. If a vehicle is blocking the meter, the service inspector will attempt to contact the customer and ask that the vehicle be relocated. If this does not work, a notice will be left on the vehicle and on the door notifying the customer that the account is delinquent, and that the customer has five days to move the vehicle or it will be towed. ~ If the account remains unpaid by 60 days from the billing date, a service inspector will return to the property and again attempt to discontinue service. If a vehicle is still blocking the meter, the service inspector will notify the Virginia Beach Police department that the vehicle needs to be towed. At this point in the process, a second billing period is nearly complete and the customer owes the City for four months of water and sanitary service, stormwater management fees, and City Utility Tax. ~ A Virginia Beach Police Officer will arrive at the property and advise the customer that if the vehicle is not relocated, it will be towed. If the vehicle is moved, towing will not occur. The service inspector will read and lock (or pull) the meter. ~ If vehicle is not moved, the towing company is called. The towing company will remove the vehicle to an impoundment lot, where it will remain until the vehicle owner pays all fees associated with the towing. The service inspector will read and lock (or pull) the meter. PUBLIC INFORMATION The proposed City Code revisions will be advertised as part of the City Council Agenda Package. The Department of Public Utilities will also make information with respect to the new ordinance available to the general public and use established channels of communication with our customers, such as the Pipeline customer newsletter, bill print messages, and the department's Website. ALTERNATIVE COURSES OF ACTION 1) No action. Obstructed meters will continue to be a time-consuming and costly problem. Delinquent customers who have "figured-out" the system will continue to use vehicles to obstruct the water meter in order to avoid paying their water and sanitary sewer charges. The Department will continue to incur significant administrative costs associated with efforts to recover monies owed. 2) Amend the City Code to provide the Department of Public Utilities the authority to move a vehicle obstructing a water meter box, but not tow it to an impound lot. This would provide Public Utilities the ability to read and lock the meter and enforce the delinquency process, but the Department would have to incur costs upfront for moving the vehicle and then attempt to recover those costs from the customer, in addition to the delinquent utility charges. More importantly, this would not provide a disincentive for similar future behavior on the customer's part. 3) Amend the City Code to allow for a notice provision, and provide the Department of Public Utilities the authority to tow a vehicle obstructing a water meter box. This would be a cost effective and efficient tool to enable Public Utilities to enforce the delinquency process, and provide a disincentive for similar future behavior on the customer's part. The customer would have to work with the Department to payoff the account balance in order to continue water service while they are still at the property. Public Utilities believes that its experience will be similar to that of Chesapeake's in that most customers, if not all, will move an obstructing vehicle before it is towed, and that the number of vehicles that are actually towed will be very small. RECOMMENDA liONS It is recommended that the City Council adopt an ordinance in accordance with Alternative 3 to amend the Virginia Beach City Code authorizing the towing of vehicles obstructing water meter boxes. State enabling legislation is not required. REVIEW AND APPROVAL ~ City Manager Public Utilities ager Lll b/ 0) $t/W1w/77 Department iector Date: I I b / () 7 I - 28 - Item V.K 4. RESOLUTIONS/ORDINANCES ITEM #56019 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND and REORDAIN the APZ-1/Clear Zone Acquisition Plan, dated February 14, 2006, by adding certain properties upon which the right to develop for residential uses has vested as of December 20, 2005, deleting stricken portions dated January 23, 2007, and settingforth criteria for the City Manager to acquire properties after acquisition Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. DiezeI, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf January 23, 2007 1 AN ORDINANCE TO AMEND AND REORDAIN THE APZ- 2 l/CLEAR ZONE ACQUISITION PLAN BY INCLUDING 3 WITHIN ITS PURVIEW CERTAIN DUPLEX PROPERTIES 4 AND CERTAIN PROPERTIES UPON WHICH THE RIGHT TO 5 DEVELOP FOR RESIDENTIAL USES HAS VESTED 6 7 8 WHEREAS, on December 20, 2005, the City Council adopted the 9 APZ-l Use and Acquisition Plan, dated December 14, 2005, as one of 10 the components of its response to the Base Realignment and Closure 11 Commission's decision regarding NAS Oceana; and 12 WHEREAS, on February 14, 2006, the City adopted an amendment 13 to such Plan that added to the purview of the Plan Clear Zones, as 14 shown on the official AICUZ Map, and renamed such plan the APZ- 15 l/Clear Zone Use and Acquisition Plan (the "Plan"); and 16 WHEREAS, the Oceana Land Use Conformity Committee (the 17 "Committee") was established by the City Council for the purpose, 18 among others, of making recommendations to the City Council and 19 Development Authority on matters relating to reducing the amount of 20 pre-existing nonconforming development, as determined pursuant to 21 Section 1804 of the City Zoning Ordinance, in APZ-1 and Clear 22 Zones, in a manner consistent with the City Zoning Ordinance, the 23 APZ-l/Clear Zone Use and Acquisition Plan, the Comprehensive Plan, 24 the Final Hampton Roads Joint Land Use Study (JLUS) and with good 25 zoning practices that do not adversely affect established 26 residential neighborhoods; and 27 WHEREAS, the Committee has recommended that certain duplex 28 properties and properties upon which the right to develop for 29 residential uses has vested as of December 20, 2005 be added to the 30 properties that are eligible for acquisition under the Plan; and 31 WHEREAS, the City Council is of the opinion that the said 32 recommendation of the Committee is consistent with the City Zoning 33 Ordinance, the APZ-1/Clear Zone Use and Acquisition Plan, the 34 Comprehensive Plan, the Final Hampton Roads Joint Land Use Study 35 (JLUS) and with good zoning practices that do not adversely affect 36 established residential neighborhoods; 37 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 38 OF VIRGINIA BEACH: 39 That the APZ-1/Clear Zone Use and Acquisition Plan dated 40 February 14, 2006 be, and hereby is, amended and reordained by the 41 addition of the underlined portions and the deletion of the 42 stricken portions shown on that certain document entitled "Amended 43 APZ-1/Clear Zone Use and Acquisition Plan," dated January 23, 2007, 44 such document being attached hereto and made a part hereof. 45 46 Adopted by the Council of the City of Virginia Beach on the 23rcftiay of Januarv , 2007. 47 48 4 9 CA - 1 0 2 52 50 OID\Land Use\amendAPZ-1U&APlanordin.doc 51 R-1 52 January 17, 2007 53 54 55 2 56 Approved as to Content: 57 58 ~\~.~~ 59 Ci\janager ~ Approved as to Legal Sufficiency: {JJ/l&t;v; .frld Clty Attorney's Office 3 CITY OF VIRGINIA BEACH Februal)' 14, 2006 January 23. 2007 AMENDED APZ-1/CLEAR ZONE USE AND ACQUISITION PLAN Overview The APZ-l Ordinance (adopted December 20, 2005 and revised to include Clear Zones) amended the City Zoning Ordinance to prohibit all uses in APZ-l and Clear Zones that are incompatible with OPNA V Instruction 1101O.36B (December 19, 2002) (the "OPNA V Instruction"). The APZ-l Ordinance renders existing uses non-conforming but not incompatible, and requires all new development or redevelopment to be consistent with the OPNA V Instruction. As an exception, the Ordinance allows incompatible uses or structures as a replacement ofthe same use or structure ifthe replacement use or structure is of equal or lesser density or intensity than the original use or structure. Where application ofthe APZ-l Ordinance leaves property without a reasonable use, this APZ-lIClear Zone Use and Acquisition Plan is intended to direct reuse, rezoning, or purchase of those properties. The Plan The Use and Acquisition Plan is illustrated in the following chart entitled "APZ-l/Clear Zone Use and Acquisition Plan." APZ-lIClear Zone Use and Acquisition Plan Develop with Rezone or grant Voluntary acquisition Eminent domain compatible use conditional use permit ("CUP") for compatible use ONRESIDENTIAL Developed Owner's choice. Owner's choice. Owner Yes. Owner has No. Owner has Already developed can initiate application for development options development options for use is "not new compatible use. City for reasonable use, so compatible and incompatible" and can will not initiate rezoning City need not reasonable use. City remain, or owner can because owner has acquire. But if need not acquire. redevelop with a existing use and other initiated by owner, different compatible allowable, compatible City may acquire to use. reasonable uses. "roll back" development. Undeveloped Yes. Owner can Yes. Owner can initiate No. Generally, owner No. Owner has initiate development application for has development development options for to a compatible use. compatible use. City options for reasonable compatible and Every nomesidential need not initiate rezoning use, and City need not reasonable use. City zoning category because owner may seek acqUIre. need not acquire. allows some approval for some But if property is left compatible & compatible & reasonable with no reasonable reasonable use. use. use, City will acquire. RESIDENTIAL Not applicable Yes. On case-by-case No. Existing use is No. Existing use is "not because the property is already developed. basis. Owner can initiate "not incompatible," incompatible," thus City Existing uses are "not rezomng. thus City need not need not acquire. incompatible" so no acqUIre. action is needed. Except, if initiated by owner, City will acquire Qualifying Duplex Properties-feF market '/alae at time of sale, as if the APZ lOrd. does Bot Undeve oped No. There is no Yes. On case-by-case compatible use basis; depends on size, without rezoning/ location and intended use Yes. But only if CUP. of parcel. Either owner or City can initiate unsuitable for rezoning/CUP and rezomng. only if APZ-I Ordinance leaves property without a reasonable use. 2 How each category of property will be affected: The following is a description of how each category of property will be treated under the Plan. NONRESIDENTIAL/COMMERCIAL - DEVELOPED . Retain Existing Use or Develop Consistent with the OPNA V Instruction Developed Nonresidential/Commercial property within APZ-l and Clear Zones would have some reasonable use under the new zoning rules. Owners of such property could retain their existing use, and they would also have other allowable compatible uses. Therefore, the owners of such property could keep their existing use or redevelop the property in any manner consistent with the OPNA V Instruction and the APZ-l Ordinance, as amended. Such development might require a rezoning or conditional use permit, which would be evaluated on a case-by-case basis. . Voluntary Acquisition Available The City would be willing to purchase Developed Nonresidential! Commercial property within APZ-l and Clear Zones that are adversely affected by the APZ-l Ordinance. Only voluntary sales would be permitted. Eminent domain would not be available for such acquisitions. NONRESIDENTIAL/COMMERCIAL - UNDEVELOPED . Develop Consistent with the OPNA V Instruction Most undeveloped Nonresidential/Commercial property within APZ-l and Clear Zones would have some reasonable use under the APZ-l Ordinance. Therefore, the owners of such property could develop the property in any manner consistent with the OPNA V Instruction and the new APZ-l Ordinance, as amended. Such development might require a rezoning or conditional use permit, which would be individually evaluated on the merits of each case. . Voluntary Acquisition Generally Unavailable Because most such properties will be left with some reasonable use, the City will not acquire them. If a property is deprived of all reasonable use, then the City will acquire it. 3 RESIDENTIAL - DEVELOPED . Existing Dwellings Will Remain Residential developed property would be considered to be a preexisting use and would be allowed to remain. Under the APZ-l Ordinance, as amended, the property may be replaced, repaired, reconstructed, or otherwise improved, so long as the density is not increased. . Redevelopment to Compatible Use, Case-By-Case If the owner of residential developed property wanted to rezone the property or seek a conditional use permit to a traditionally compatible use such as industrial, such redirected uses would be welcomed, so long as the fit was right with the neighborhood. These redevelopments would be handled on a case-by-case basis and would be initiated by the owner. . Dwellings Will Not Be Acquired Eminent domain would not be available for developed residential properties under any circumstances. Dwellings generally will not be acquired by voluntary purchase; however, voluntary acquisition will be available in the limited circumstances of the following types of properties: 1) "Qualifying Duplex Properties" as that term is defined on Page 6-;; 2) Properties that were vested for new development or redevelopment on December 20. 2005. may be acquired bv voluntary purchase or. at the owner's request. by eminent domain; and 3) Developed duplex properties. The Developed Duplex Acquisition Program is set forth in more detail on Page 7. RESIDENTIAL - UNDEVELOPED . Rezone/Conditional Use Permit (CUP), If Appropriate After the APZ-l Ordinance went into effect, some undeveloped residential properties will be left with no reasonable compatible use. Such property could be rezoned or issued a conditional use permit on a case-by-case basis, but certain properties might not be suitable for any nonresidential use. The City would first evaluate whether a rezoning or conditional use permit would be appropriate. . Acquire By Agreement or Condemnation 4 If there are no suitable nonresidential uses, the City would acquire the property because the owner would be left without any reasonable use of its property. Either voluntary purchase or eminent domain would be available. If the City were unable to reach an agreement as to value with the owner, the City could condemn the property. QUALIFYING DUPLEX PROPERTIES . Voluntary Acquisition Available The City would be willing to purchase "Qualifying Duplex Properties" within APZ-l and Clear Zones, as defined and described on Page 6. Eminent domain would not be available for such acquisitions. Acquisition Rules. Voluntary Acquisitions. Affected Property: Property located wholly or partially within APZ-l and/or Clear Zones that is (a) undeveloped property which is currently zoned for residential use, or (b) developed commercial property. For the Voluntary Purchase Program for Qualifying Duplex Properties in APZ-l and Clear Zones, see Page 6. Owner-initiated sales only for nonresidential property. Developed commercial property will be acquired only if the owner ofthe property initiates the sale. Fee Simple or Development Rights/Easements To Be Acquired._ The City might acquire either fee simple title, restrictive easements or development rights. In certain cases (for example large lots) the City might want to acquire the land in fee so that the property could be acquired and put to some compatible use. In other cases (for example small infilllots in residential neighborhoods where the owner owns an adjacent, developed lot) the City might want to acquire only development rights. The City would add as a condition to its acquisition of only the development rights that the adjacent owner must resubdivide the property to remove lot lines and create one larger lot. In other words, the City would avoid buying in fee small lots in neighborhoods where it is possible to pay only for the development rights and have the adjacent owner fold the property into his existing use. The object is to avoid City-owned vacant lots that would be difficult to maintain and could adversely affect the 5 neighborhood. The goal would be for the City and the owner to work together to find a solution that compensates the owner and makes the most sense in the context ofthe neighborhood. City to Pay Market Value Without Regard to APZ-l Ordinance for Undeveloped Residential Land. Owners of residential property (undeveloped residentialland) will be paid market value based on sales of similar properties that are not within APZ-l and Clear Zones, so there is no "blight" on the value of their property. The property will be valued as if the APZ-l Ordinance's prohibition against new residential development does not apply. City to Pay Market Value for Commercial Properties. Owners who sell their commercial property to the City will be paid based on fair market value, with consideration given for the limitations and provisions of the APZ-l Ordinance and the AICUZ Overlay Ordinance. Voluntary Purchase Program for Qualifying Duplex Properties in APZ-l and Clear Zones 1. Application. This program applies only to properties that meet the following criteria ("Qualifying Duplex Properties"): a. Located in APZ-l and/or Clear Zone; b. Currently improved with a single-family home; and c. Duplex use was legally and physically possible before the adoption ofthe APZ-l Ordinance (zoning district allowed "by-right" duplex development; physical features made duplex use a reasonable option; and there were no title restrictions preventing duplex use). 2. Voluntary Purchase Program. a. Fee Simple/Total Purchase only. The City will purchase, by voluntary agreement, the lot and all improvements from the owner. b. Valuation. As compensation, the City will pay the market value of the property and improvements at their highest and best use at the time of sale (i.e., higher of value as single-family residence or duplex) as if the APZ-l Ordinance's prohibition against new residential development does not apply. c. Appraisal. The City will pay for an appraisal of the property, after the City and the owner have agreed on an appraiser. 3. City's Options after Purchase. After purchase of a Qualifying Duplex Property, the City shall rezone the property or otherwise eliminate the potential for duplex development, and do any of the following to be determined on a case-by-case basis: a. Sell the house and lot to a third party as excess property for continued use as a single-family home; 6 b. Lease the house and property to a third party for residential use; c. Demolish the improvements and sell the lot to adjacent landowners; or d. Rezone the property, if appropriate, to a nonresidential zoning classification and sell or lease the property for new development compatible with the OPNA V Instruction. If the City decides to proceed under part 3a or 3b above, it is the City's intent to cause noise attenuation measures to be performed on the single-family home, prior to occupancy. Involuntary Acquisitions/Eminent Domain Affected Property. Eminent domain will only be used to acquire undeveloped property zoned for residential use, only ifthe property has no other reasonable use and only after efforts to voluntarily purchase the property have failed. State legislation needed. State enabling legislation will be needed before condemnation can be used. The City has requested state legislation that gives the City the power to condemn, and condemnation will only be allowed for the following circumstances: . Only for undeveloped property zoned for residential use. . Only where property is deprived of all reasonable use. . Only where development rights have not vested. . Only for property wholly or partially within APZ-l and Clear Zones. . Only after all efforts to reach a voluntary sale have been unsuccessful. . Only so long as acquisition is needed to protect NAS Oceana as a Master Jet Base. Rights to be Acquired~ Either development rights or fee simple rights would be acquired, depending on the particular circumstances of each property. Where the owner owns developed adj acent property, acquiring development rights only will be favored. City to Pay Full Fair Market Value. Where eminent domain is authorized, Owners will be paid fair market value based on sales of similar properties that are not within APZ-l or Clear Zones. The property will be valued as ifthe APZ-l Ordinance does not apply. Developed Duplex Acquisition Pro1!ram Recognizing the City's goals of reducing density in APZ-l while maintaining the quality of the neighborhoods, the City Manager is authorized to acquire existing duplexes in APZ-l for the 7 purpose of removing the structures. The City Manager should evaluate the condition of the du?lex and should prioritize acquisition of duplexes based on their relative age and condition and whether noise attenuation measures have been incorporated into the structure. Preference should be given to duplexes that are in the poorest condition and that have not had noise attenuation improvements. After acquisition of a duplex under this Program, the City Manager is directed to do any of the following: 1. Remove the structure, restrict the site to development of a single-family home, and sell to a third-party for new construction of one dwelling unit: 2. Remove the structure, restrict any new dwelling units from being constructed and sell the site to adiacent landowner(s) who must resubdivide their lot(s) to include the vacant site: 3. Remove the structure and assemble the property for nonresidential. conforming uses, but only if (a) the property is in a neighborhood that is trending toward non- residential uses and (b) there will be no adverse impact on the surrounding properties: 4. Remove the structure and use the property for public use or hold the property for future public use. The Acquisition Rules set forth on Page 5 shall apply to these sites the same as they do to any voluntary acquisitions under this APZ-lIClear Zone Use and Acquisition Plan. Voluntarv Acquisition of Properties Vested Development The City Manager is authorized to acquire properties in APZ-l where the Planning Director and the City Attorney have determined that the owner ofthe property had vested rights in developing the property with a residential use before the City adopted the APZ-l Ordinance on December 20, 2005. Only properties that have not vet been developed with new structures are eligible for acquisition, unless the owner/developer has not yet sold or contracted to sell developed dwellings to individual owners. The Acquisition Rules set forth on Page 5 shall apply to these sites the same as they do to any voluntary acquisitions under this APZ-lIClear Zone Use and Acquisition Plan. Plan is Flexible The preceding guidelines shall be followed in implementing the APZ-lIClear Zone Use and Acquisition Plan, except where circumstances dictate other options particular to a specific property. In such cases, the City will consider other options only when (i) the proposed option is consistent 8 with the intent to stop development incompatible with the OPNA V Instruction; (ii) the proposed option "rolls back" existing non-conforming uses by eliminating the use or reducing the density or intensity ofthe use; or (iii) no other reasonable, compatible use for the property is allowed; provided, that the option, in the judgment of City Council, does not have an unduly adverse impact on adjacent properties. Other possible options: The City Manager is directed to continue the consideration and development of other methods of converting uses in APZ-l and Clear Zones that do not conform to the OPNA V Instruction to uses compatible with the OPNA V Instruction. Such other options shall have the effect of accomplishing the intent ofthe APZ-l Ordinance and the APZ-lIClear Zone Use and Acquisition Plan and reducing uses not conforming with the OPNA V Instruction within APZ-l and Clear Zones whenever reasonable and feasible. Options considered shall include, but not be limited to, assemblage of property for redevelopment, the use of Economic Development Incentive Program funds and the use of zoning and land use incentives. Implementation instructions: I. Notification This Plan is effective as of December 20,2005. This Plan amendment to include Clear Zones is effective upon adoption. Thereafter, the City staff shall, within sixty (60) days, identify all property within Clear Zones and notify the property owners by certified letter of the APZ-l Ordinance, the classifications of property under the APZ-l /Clear Zone Use and Acquisition Plan, and provide the owners with a copy ofthe APZ-lIClear Zone Use and Acquisition Plan. II. Purchase Beginning January 1, 2006, property owners desiring to sell their property consistent with the provisions of the APZ-l/Clear Zone Use and Acquisition Plan shall notify the City Manager by letter. Letters received shall be date-stamped and priority of purchase shall be by date received, earliest to latest, except that (1) properties left without a reasonable use shall be given first priority; and (2) City Council may elevate the priority of property owners who suffer a demonstrated hardship if an expedited sale would ameliorate such hardship. Purchases of eligible property shall be made in such order, upon approval ofthe City Council, to the extent that funds are available each fiscal year. Annual Report The City Manager shall report annually to the City Council on the status of all uses not conforming with the OPNA V Instruction within APZ-l and Clear Zones. The format ofthe report shall include an inventory of property within each classification under the APZ-lIClear Zone Use and Acquisition 9 Plan. Funding The City Manager is directed each fiscal year to include in the City's annual budget funds for the purpose of acquiring properties within APZ-l and Clear Zones designated for acquisition under the APZ-l/Clear Zone Use and Acquisition Plan in the amount of Fifteen Million Dollars ($15,000,000.00) or such greater amount as circumstances may warrant. Any proceeds the City receives from selling or leasing properties acquired under this APZ-lIClear Zone Use and Acquisition Plan shall be deposited into the APZ-lIClear Zone acquisition fund. If in any fiscal year there remains an amount available after the purchase of properties within APZ-l and Clear Zones, such funds shall be used to purchase properties to be acquired in the Interfacility Traffic Area for purposes other than the Southeastern Parkway and Greenbelt Project. Plan Administration The City Manager may promulgate rules, regulations and policies consistent with the APZ-lIClear Zone Use and Acquisition Plan to further the efficient implementation and administration of this Plan. F:\Datal.~.TY\OID\RE.\L ESTf.TE'.^.ssortea Pr-ejeets\BIt-\C'"\Pl1 Clear lORe Use & .\eq Plafl2 14 ~v: laoolications\citvlaworod\cvcom32\ Wodocs\DO 12\P002\00026352.DOC 10 Item V-L./M. L. PLANNING-NO ACTION 1. VIRGINIA SUPPORTIVE HOUSING M. PLANNING 1. CLAYBORN PROPERTIES, LLC 2. TIMOTHY H. HANKINS 3. M & M CONTRACTORS, INC. 4. ENTERPRISE RENT-A-CAR 5. BECO DEVELOPMENT, L.L.c. 6. HICKMAN PLANTATION SHOPPES 7. CITY ZONING ORDINANCE - 29 - ITEM #56020 CHANGE OF ZONING CONDITIONAL USE PERMIT EXPANSION OF A NONCONFORMING USE STREET CLOSURE MODIFICATION OF Condition No.1 Re CUP (APPROVED 7/3/2001), AMENDED and APPROVED February 26, 2006. DEFERRED INDEFINITELY 1/31/2006 CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING AMEND 1'11,233.1,701,901,1001, 1501, 1511 and 1521 re "Alcoholic Beverage" and "Bar or Nightclub", requiring Condhwnal UsePermhs and adding Standards and establishing other regulations January 23, 2007 - 30 - Item V-L. PLANNING ITEM # 56021 City Council TOOK NO ACTION re Ordinances upon application of VIRGINIA SUPPORTIVE HOUSING for a Change of Zoning and Conditional Use Permit: Ordinance upon application of Virginia Supportive Housing for a Change of Zoning from B-2 Community Business District to A-12 Apartment District at 964. S Military Highway. (GPIN 1456133354). DISTRiCT 1 - CENTER VILL Ordinance upon application of Virginia Supportive Housing for a Conditional Use Permit for a Single Room Occupancy Facility at 964 S. Military Highway. (GPIN 1456133354). DISTRiCT 1- CENTERVILLE The Planning Commission, at their January 10, 2007, Public Hearing, did not act on the Change of Zoning and Use Permit requests, due to concerns about what they perceived to be potential negative impacts of a single room occupancy. The Planning Commission deferred action on the Change of Zoning and the Conditional Use Permit applications until their February 14, 2007, Hearing, requesting the applicant to provide them with information regarding how the facility will be managed, how residents will be screened for criminal activity, how residents will be monitored and similar items. The Planning Staffrequests that this package of items be deferred to City Council's February 27,2007, Session. January 23, 2007 - 31 - Item V-M. PLANNING ITEM # 56022 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED Items 1, 2, 3 (DEFERRED INDEFINITELY), 4 (DEFERRED), 5, and 6 (DEFERRED INDEFINTELY) of the PLANNING BY CONSENT AGENDA. Item M.4. (ENTERPRISE RENT-A-CAR was DEFERRED, BY CONSENT, until the City Council Session of February 13, 2007. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Dieze!, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf Council Lady McClanan voted a VERBAL NAY on Item M.S. BECO DEVELOPMENT, L.L.c.) January 23, 2007 - 32 - Item V-M.l. PLANNING ITEM # 56023 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED a Resolution upon application of CLA YBORN PROPERTIES, LLC, authorizing the enlargement of a nonconforming use on 737 Little Neck Road in the Lynnhaven District. APPLICATION OF CLAYBORN PROPERTIES, LLC, FOR THE ENLARGEMENT OF A NONCONFORMING USE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Application of CLA YBORN PROPERTIES, LLe. for the enlargement of a Nonconforming Use at 737 Little Neck Road to enlarge a professional office building (GPIN 1488803791) DISTRICT 5 - LYNNHAVEN The following conditions shall be required: 1. The proposed enlargement shall be developed substantially as depicted on the site plan entitled "Concept Plan, Office Expansion for Dr. A. Clayborn Hendricks, D.D.S. ", dated September 27, 2006, a copy of which has been exhibited to the City Council and is on file in the Planning Department. 2. The architectural design of the addition to the existing structure shall be substantially as depicted on the submitted elevation drawing entitled "Renovation and New Construction, Clay Hendricks Dentistry, Virginia Beach, Virginia", a copy of which has been exhibited to the City Council and is onfile in the Planning Department. 3. Sign age for the site and building shall be limited to a wall sign not to exceed two (2) square feet in size and a monument style freestanding sign. The monument style sign shall be as depicted on the submitted elevation drawing entitled, "New Sign for A. Clayborn Properties, 737 Little Neck Road", a copy of which has been exhibited to the City Council and is on file in the Planning Department. The monument style sign shall not exceed seven (7) feet in length, two (2) feet in depth and five feet-six inches (5 '6") in height. Voting: 10-0 (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, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf January 23, 2007 1 2 3 4 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 737 LITTLE NECK ROAD, IN THE LYNNHAVEN DISTRICT 5 WHEREAS, Clayborn Properties, LLC, (hereinafter the 6 "Applicant") has made application to the City Council for 7 authorization to enlarge a nonconforming office building 8 situated on a certain lot or parcel of land having the address 9 of 737 Little Neck Road, in the R-5D Residential District; and 10 WHEREAS, the said office building is a nonconforming use, 11 as office buildings are not allowed in the R-5D Residential 12 District, but such office building had been constructed prior to 13 the adoption of the current regulations; and 14 WHEREAS, pursuant to Section 105 of the City Zoning 15 Ordinance, the enlargement of a nonconforming use is unlawful in 16 the absence of a resolution of the City Council authorizing such 17 action upon a finding that the proposed use, as enlarged, will 18 be equally appropriate or more appropriate to the zoning 19 district than is the existing use; 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 That the City Council hereby finds that the proposed use, 23 as enlarged, will be equally appropriate to the district as is 24 the existing use. 25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 That the proposed enlargement of the Applicant I s office 28 building is hereby authorized, upon the following conditions: 29 1. The proposed enlargement shall be developed 30 substantially as depicted on the site plan entitled "Concept 31 Plan, Office Expansion for Dr. A. Clayborn Hendricks, D.D.S.," 32 dated September 27, 2006, a copy of which has been exhibited to 33 the City Council and is on file in the Planning Department; 34 2. The architectural design of the addition to the 35 existing structure shall be substantially as depicted on the submitted elevation drawing entitled "Renovation and New 36 37 Construction, Clay Hendricks Dentistry, Virginia Beach, 38 Virginia," a copy of which has been exhibited to the City 39 Council and is on file in the Planning Department; and 40 3. Signage for the site and building shall be limited to 41 a wall sign not to exceed two (2) square feet in size and a 42 monument style freestanding sign. The monument style sign shall 43 be as depicted on the submitted elevation drawing entitled, "New 44 Sign for A. Clayborn Properties, 737 Little Neck Road," a copy 45 of which has been exhibited to the City Council and is on file 46 in the Planning Department. The monument style sign shall not 47 exceed seven (7) feet in length, two (2) feet in depth and five 48 (5) and one-half (1/2) feet in height. 49 Adopted by the Council of the City of Virginia Beach, 50 Virginia, on the 23rd day of January, 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S~Jj;~./y!wl- City Attorney's Office CAI0248 V:\applications\citylawprod\cycom32\Wpdocs\DOIO\P001\OO026188.DOC R-3 January II, 2007 - 33 - Item V-M.2. PLANNING ITEM # 56024 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of TIMOTHY H. HANKINS for the discontinuance, closure and abandonment of a portion of a 15joot wide alley adjacent to his property at 849 South Atlantic Avenue:: ORDINANCE UPON APPLICATION OF TIMOTHY H. HANKINS FOR THE DISCONTINUANCE, CLOSURE AND ABANDONMENT OF A PORTION OF THAT CERTAIN STREET KNOWN AS "PORTION OF ALLEY" (UNIMPROVED) TO BE CLOSED BY THE VIRGINIA BEACH CITY COUNCIL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of TIMOTHY H. HANKINS for the discontinuance, closure and abandonment of a portion of that certain street known as "PORTION OF ALLEY (UNIMPROVED) TO BE CLOSED BY THE VIRGINIA BEACH CITY COUNCIL 375 square feet or 0.0086 Acre" as shown on that certain plat entitled "P LA T SHOWING PORTION OF ALLEY WEST OF LOT 14, BLOCK 14, CROATAN BEACH" The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlyingfee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures ", approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include a drainage easement over the entire property for future use as deemed necessary by the City of Virginia Beach. 3. The applicant shall verifY that no private utilities exist within the right-oj-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-oj-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-oj-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council (January 22, 2008). If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right-oj-way, this approval shall be considered null and void. January 23, 2007 - 34 - Item V-M.2. PLANNING ITEM # 56024 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Dieze!, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A, Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf January 23, 2007 1 2 3 4 5 6 7 8 9 10 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS "PORTION OF ALLEY (UNIMPROVED) TO BE CLOSED BY THE VIRGINIA BEACH CITY COUNCIL 375 SQ. FT. OR O. 0086 AC." AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING PORTION OF ALLEY WEST OF LOT 14, BLOCK 14, CROATAN BEACH TO BE CLOSED BY THE VIRGINIA BEACH CITY COUNCIL" 11 WHEREAS, TIMOTHY H. HANKINS (the "Applicant") applied 12 to the Council of the City of Virginia Beach, Virginia, to have 13 the hereinafter described street discontinued, closed, and 14 vacated; and 15 WHEREAS, it is the judgment of the Council that said 16 street be discontinued, closed, and vacated, subject to certain 17 conditions having been met on or before one (1) year from City 18 Council's adoption of this Ordinance; 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the 20 City of Virginia Beach, Virginia: 21 GPIN: 2426-37-9657 1 22 SECTION I 23 That the hereinafter described street be discontinued, 24 closed and vacated, subject to certain conditions being met on 25 or before one (1) year from City Council's adoption of this 26 ordinance: 27 All that certain piece or parcel of land 28 situate, lying and being in the City of 29 Virginia Beach, Virginia, designated and 30 described "PORTION OF THE ALLEY (UNIMPROVED) 31 TO BE CLOSED BY THE VIRGINIA BEACH CITY 32 COUNCIL 375 SQ. FT. OR 0.0086 AC." shown as 33 the cross-hatched area on that certain plat 34 enti tled: "PLAT SHOWING PORTION OF ALLEY, 35 WEST OF LOT 14, BLOCK 14, CROATAN BEACH TO 36 BE CLOSED BY THE VIRGINIA BEACH CITY 37 COUNCIL" Scale: I" = 20', dated August 14, 38 2006, prepared by WPL, a copy of which is 39 attached hereto as Exhibit A. 40 SECTION II 41 The following conditions must be met on or before one 42 (1) year from City Council's adoption of this ordinance: 43 1. The City Attorney's Office will make the final 44 determination regarding ownership of the underlying fee. The 45 purchase prlce to be paid to the City shall be determined 46 according to the "Policy Regarding Purchase of City's Interest 47 in Streets Pursuant to Street Closures," approved by City 48 Council. Copies of said policy are available in the Planning 49 Department. 2 50 2. The applicant shall resubdi vide the property and 51 vacate internal lot lines to incorporate the closed area into 52 the adjoining parcel. The resubdivision plat shall be submitted 53 and approved for recordation prior to final street closure 54 approval. Said plat must include the dedication of a drainage 55 easement over the closed portion of the alley to the City of 56 Virginia Beach, subject to the approval of the Department of 57 Public Works and the City Attorney's Office, which easement 58 shall include a right of reasonable ingress and egress. 59 3 . The applicant shall verify that no private 60 utilities exist within the right-of-way proposed for closure. 61 Preliminary comments from the utility companies indicate that 62 there are no private utilities within the right-of-way proposed 63 for closure. If private utilities do exist, the applicant shall 64 provide easements satisfactory to the utility companies. 65 4. Closure of the right-of-way shall be contingent 66 upon compliance with the above stated conditions within one (1) 67 year of approval by City Council. If all conditions noted above 68 are not in compliance and the final plat is not approved within 69 one (1) year of the City Council vote to close the street, this 70 approval will be considered null and void. 71 SECTION III 72 1. If the preceding conditions are not fulfilled on 73 or before January 22, 2008, this Ordinance will be deemed null 74 and void without further action by the City Council. 3 75 2. If all conditions are met on or before January 76 22, 2008, the date of final closure is the date the street 77 closure ordinance lS recorded by the City Attorney. 78 3. In the event the City of Virginia Beach has any 79 interest in the underlying fee, the City Manager or his designee 80 is authorized to execute whatever documents, if any, that may be 81 requested to convey such interest, provided said documents are 82 approved by the City Attorney's Office. 83 SECTION IV 84 A certified copy of this Ordinance shall be filed In 85 the Clerk's Office of the Circuit Court of the City of Virginia 86 Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA 87 BEACH as "Grantor" and TIMOTHY H. HANKINS as "Grantee." 89 Virginia, on this Adopted by the Council of the City of Virginia Beach, 23rd day of January , 2007. 88 CA-10121 V:lapplications\citylawprodlcycom321 WpdocslDO I OIPOO I 10002 I 640.DOC R-1 January 8, 2007 APPROVED AS TO LEGAL SUFFICIENCY: ~{J.~ City Attorney 4 -~ . \ . ,I <aJ:E" 'tl ....11I C/) "C N r-r-r-(") ..., 0. ., Cn ~ 0 0 0 <' W 0 5jmmr- 0 . 0 :r ... 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I:l:l ::i ~. ~~~Ji -II.~&l ~ ~.-II.._:-o;t:. ~ 8 '1:1 !-0!-0~"i ~ 1:1;:::;:::::>;; ~~~~~I ~~tI1C)C):;;: "'0 tI1~tI1 :::::: ::0 \() ~ " 0 '-=- "'0 ~ m I" ::0 ~ I' -I s;) ~:l;;: -< :ti~. ~ ~~~ I' 0 '. I:l:l <;... C) ~. -11.' Ji =: ~~~~.-II.~ z 0) ,-II. s... !-0 'S e m 1'Ij ;t~"i ::0 t.,l;')dS~::>;; z ~. . :<: I ." CIl t., . - 0 ~~~~-I>. ::0 ~ '-=- . 3:: ~ > -f 0 ~ A Z :ti~ I' ~~ );:!r-- ..~r') C) ~. ~~Ji ~~"<;:t;;,!J1~ (9 0) .-11. I' <': 'S ~'Ij' ~~"i '-l~~r--::>;; I r-- I CIlt.,r--8:;;: ~~ =\l ~ :ti ~ f.1t 8 , - tI1 , e ~ e - 35 - Item V-M.3. PLANNING ITEM # 56025 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY an Ordinance upon application of M&M CONTRACTORS, INC. for a Modification of Condition No.1 on a Conditional Use Permit (approved by City Council on July 3,2001, amended and approved February 26, 2002, and indefinitely deferred January 31, 2006) ORDINANCE UPON APPLICATION OF M&M CONTRACTORS, INC. FOR A MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE PERMIT APPROVED BY THE CITY COUNCIL ON FEBRUARY 26, 2002 Ordinance upon application of M&M Contractors, Inc. for a Modification of Conditions for a Conditional Use Permit approved by the City Council on February 26, 2002. Property is located at 533 South Lynnhaven Road (GPIN 14962713680000). DISTRICT 3 - ROSE HALL. Voting: 10-0 (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, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf January 23, 2007 - 36 - Item V-M.4. PLANNING ITEM # 56026 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of February 13, 2007, Ordinance upon application of ENTERPRISE RENT-A- CARfor a Conditional Use Permit re motor vehicle rentals: ORDINANCE UPON APPLICATION OF ENTERPRISE RENT-A-CAR FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE RENTALS Ordinance upon application of Enterprise Rent-A-Car for a Conditional Use Permit for motor vehicle rentals on property located at 3680 Holland Road (GPIN 1486543888). DISTRiCT 3 - ROSE HALL Voting: 10-0 (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, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf January 23, 2007 - 37 - Item V-M.5. PLANNING ITEM # 56027 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED Ordinances upon application of BECO DEVELOPMENT, L.L.C. for a Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF BECO DEVELOPMENT, L.L.c. FOR A CHANGE OF ZONING DISTRiCT CLASSIFICATION FROM B-2 TO CONDITIONALA-36 Z01071272 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Beco Development, L.L.c. for a Change of Zoning District Classification from B-2 Community Business District to Conditional A-36 Apartment District on property located at 6226 Providence Road (GPIN 1456335185). DISTRiCT 1- CENTERVILLE 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. AND, ORDINANCE UPON APPLICATION OF BECO DEVELOPMENT, L.L.c. FOR A CONDITIONAL USE PERMIT FOR SENIOR HOUSING R01 0 734202 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Beco Development, L.L.c. for a Conditional Use Permit for senior housing on property located at 6226 Providence Road (GPIN 1456335185). DISTRiCT 1- CENTERVILLE These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of January Two Thousand Seven January 23, 2007 - 38 - Item V-M.S. PLANNING ITEM # 56028 Voting: 9-1 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Mayor Meyera E. Oberndorf January 23, 2007 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6487 DATE: January 12, 2007 FROM: Leslie L. Lilley n..:U 0 B. Kay Wilson U' '" DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application: Beco Development LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 23, 2007. I have reviewed the subject proffer agreement, dated August 25, 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/als Enclosure cc: Kathleen Hassen BECO DEVELOPMENT, L.L.C., a Virginia limited liability company JOHN ZYZAK and ELBERT WATSON, TRUSTEES OF TRINITY TABERNACLE TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation ofthe Commonwealth of Virginia THIS AGREEMENT, made this 25th day of August, 2006, by and between BECO DEVELOPMENT, L.L.C., a Virginia limited liability company, party of the first part, Grantor; JOHN ZYZAK and ELBERT WATSON, TRUSTEES OF TRINI'IY TABERNACLE, party of the second part, Grantor; and THE CI'IY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of a parcel of property located in the Centerville District of the City of Virginia Beach, containing a total of approximately 4.0 acres as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, which parcel is referred to herein as the "Property"; and WHEREAS, the party of the first part, as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from B-2 Commercial District to Conditional A-36 Apartment 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: mmSYKES. ~OURDON. GPIN: 1456-33-5185 &1fJ1 \RrRN &. IIV\'. P.c. 1 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 oning Map, in addition to the regulations provided for the A-36 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the hysical development, operation, and use of the Property to be adopted as a part of said mendment to the Zoning Map relative and applicable to the Property, which has a easonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, ssigns, grantee, and other successors in title or interest, voluntarily and without any equirement by or exaction from the Grantee or its governing body and without any element f compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or ubdivision approval, hereby make the following declaration of conditions and restrictions hich shall restrict and govern the physical development, operation, and use of the Property nd hereby covenants and agrees that this declaration shall constitute covenants running 'th the Property, which shall be binding upon the Property and upon all parties and ersons claiming under or through the Grantor, its successors, personal representatives, ssigns, grantee, and other successors in interest or title: 1. When the Property is developed, it shall be substantially in accordance with he Preliminary Site Plan entitled "COLLEGE SQUARE SENIOR APARTMENTS, 6226 ROVIDENCE ROAD", dated 08/02/06, prepared by Engineering Services, Inc., which has een exhibited to the Virginia Beach City Council and is on file with the Virginia Beach epartment of Planning ("Site Plan"). 2. When the Property is developed, the residential structures depicted on the ite Plan shall have the architectural design and utilize the building materials substantially s depicted and designated on the exhibit entitled "COLLEGE SQUARE SENIOR ARTMENTS PROVIDENCE ROAD", dated 08/22/06, which has been exhibited to the irginia Beach City Council and is on file with the Virginia Beach Planning Department PREPARED BY: 3. When the Property is developed, there will be no more than one hundred orty-four (144) independent senior housing units provided within the building depicted on he Site Plan. ~ SYK:fS. MmmON. m N1ERN &. LM. P.c. 2 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a , subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of. the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that 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 I 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 PREPARED BY: m.lD SVKIS. ROURDON. i to instituting proceedings in court; and ~.,. 4lImN & u:vv. P.c. 3 PREPARED BY: 3m SYKIS. ROURDON. llll AIIIRN & UVY. P.c. (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. 4 PREPARED BY: "'13 SITIS. YOUROON. mu AAfRN &. LM. P.c. WITNESS the following signature and seal: Grantor: (SEAL) By: Title: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 30th day of August, 2006, by Eric G. Olson, Managing Member, of Beco Development, L.L.C., a Virginia limited liability company, Grantor. If' - t. ",Ii /1' " , l' l / i' /' I L. -'1,1 / , J J--yj, (/c/i ;:;; Notary Public My Commission Expires: August 31, 2006 5 WITNESS the following signature and seal: Grantor: TRUSTEES OF TRINITY TABERNACLE (SEAL) (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 25th day of August, , 2006, by John Zyzak, Trustee of Trinity Tabernacle, Grantor. -A/>,/j; L }/YWIJ4h Notary Public My Commission Expires: August 31, 2006 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The August foregoing instrument was acknowledged before me this 28th ,2006, by Elbert Watson, Trustee of Trinity Tabernacle, Grantor. . ,//. / if:- I/~I /j '.... .. ,> j/ ----...,~1 "t I 'Q A/,. . ~. Y J /1 (~K,/ ./ (, Notary Public day of My Commission Expires: August 31, 2006 PREPARED BY' ~.(8 SYKES. IlOURDON. ~iI AHrnN &. 1M. p,c. 6 EXHIBIT "A" ALL THAT certain lot, piece or parcel ofland, lying, situate and being in the City of Virginia Beach, Virginia, containing 4 acres, as shown on that certain plat (the "Plat") entitled, "Subdivision of Property for COLEMAN FARMS, INC., Kempsville Borough - Virginia Beach, Virginia Scale: I" = 100' December, 1976", made by John E. Sirine and Associates, Ltd., Surveyors & Engineers, Virginia Beach, Virginia; then Plat is intended to be recorded contemporaneously herewith in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; said property being more particularly bounded and described with reference to the Plat as follows: To ascertain the point of beginning (the "Point of Beginning"), state at the southwest intersection of (Old) Providence Road and Providence Road; thence N 79036' 39" Walong the southern line of (Old) Providence Road a distance of 166.28 feet to a point; thence continuing along said southern line of (Old) Providence Road N 780 45' 31" W a distance of 336.88 feet to a point; thence continuing along said southern line of (Old) Providence Road N 760 12' 24" W a distance of 183.93 feet to a point; thence continuing along said southern line of (Old) Providence Road, along a curve to the right having a radius of 500 feet, an arc distance of 18.24 feet to the Point of Beginning; thence from the Point of Beginning S 160 48' 55" E a distance of 652.39 feet to a point in the northern line of Providence Road; thence along the northern line of Providence Road, along a curve to the right having a radius of 931.42 feet, an arc distance of 378-40 feet to the property designated as Banbury Lake Village Section 1 on the Plat; thence the following courses and distances along said Banbury Lake Village Section 1: N 100 53' 30" W a distance of 80 feet to a point, N 130 14' 48" E a distance of 147.05 feet to a point, N 03055' 41" W a distance of 130.73 feet to a point, N 870 22' 49" E a distance of 41.44 feet to a point, N 030 53' 41" W a distance of 377.15 feet to a point, N 250 29' 10" W a distance of 31.65 feet to a point, N 260 16' 59" E a distance of 65.34 feet to a point in said southern line of (Old) Providence Road; thence continuing along said southern line of (Old) Providence Road S 630 43' 01" E a distance of 36.93 feet to a point; thence continuing along said southern line of (Old) Providence Road, along a curve to the left having a radius of 500 feet, an arc distance of 90.75 feet to the Point of Beginning. GPIN: 1456-33'"5185 ConditionalRezonejBecoDevelopmentjCollegeSquarejProffer2.Clean Rev.8j3ojo6 PREPARED BY: · SYk'IS. ROURDON. "-IIfRN & iM. P.c. 7 - 39 - Item V-M.6. PLANNING ITEM # 56029 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY Ordinance upon application of HICKMAN PLANTATION SHOPPES for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF HICKMAN PLANTATION SHOPPES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-20 TO CONDITIONAL B- AND R-40 Ordinance upon application of Hickman Plantation Shoppes for a Change of Zoninz District Classification from R-20 Residential District to Conditional B-2 Community Business District and R-40 Residential District on property located at the northeast intersection of General Booth Boulevard and Nimmo Parkway (GPINs 2414170309 - part of; 2414172167; 2414173206; 2414174511; 2414077143). DISTRICT 7- PRINCESS ANNE Voting: 10-0 (By Consent) Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Dieze!, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf January 23, 2007 - 40 - Item V-M. 7. PLANNING ITEM # 56030 Matt Flavey, 2216 Sun vista Drive, Phone: 363-050, represented the Virginia Beach Restaurant Association and spoke in SUPPORT. Mr. Flavey advised 80% of the alcohol (beer, wine and liquor) consumed in Virginia is purchased from off-premises licenses such as super markets, and State run ABC and consumed off-premises In Virginia Beach, there has been a proliferation in the number of special events to which ABC licenses are issued. There is an ever increasing amount of alcohol being consumed at these special events, many of which are held on City property. Andrew Edwards, 800 Seahawk Circle, Phone: 544-1299, owner Chicho 's Crazy Charlie's Live, spoke in OPPOSITION. Said statement is hereby made a part of the record Correspondence from Nancy Perry, Executive Director - Virginia Beach Hotel Motel Association, in SUPPORT of the Ordinance is hereby made a part of the record. Upon motion by Councilman Uhrin, seconded by Councilman DeSteph, City Council ADOPTED: Ordinance to AMEND Sections 111,233.1, 701, 901, 1001, 1501, 1511 and 1521 of the City Zoning Ordinance (CZO), defining the terms: "Alcoholic Beverage" and "Bar or Nightclub," requiring Conditional Use Permits, ADDING standards for the consideration of applications for Conditional Use Permits, and ESTABLISHING other regulations pertaining to Bars or Nightclubs in the H-1, B-2, B-3, B-3A, B-4, B- 4C, B-4K, 1-1, 1-2, RT-1, RT- 2 and RT-3 Zoning Districts. Voting: 9-1 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Ron A. Villanueva Council Members Absent: Mayor Meyera E. Oberndorf January 23, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO AMEND SECTIONS 111, 233.1, 701, 901, 1001, 1501, 1511 AN D 15 21 OF THE CITY ZONING ORDINANCE, DEFINING THE TERMS "ALCOHOLIC BEVERAGE" AND "BAR OR NIGHTCLUB," REQUIRING CONDITIONAL USE PERMITS FOR BARS OR NIGHTCLUBS, ADDING STANDARDS FOR THE CONSIDERATION OF APPLICATIONS FOR CONDITIONAL USE PERMITS AND ESTABLISHING OTHER REGULATIONS PERTAINING TO BARS OR NIGHTCLUBS IN THE H-1, B-2, B-3, B-3A, B-4, B - 4 C , B - 4 K, 1- 1 , I - 2 , R T -1 , R T - 2 AN D R T - 3 ZONING DISTRICTS SECTIONS AMENDED : City Sections 111, 233.1, 701, 1511 and 1521 Zoning Ordinance 901, 1001, 1501, 18 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 19 BEACH, VIRGINIA: 20 That Sections 111, 233.1, 701, 901, 1001, 1501, 1511 and 21 1521 of the City Zoning Ordinance are hereby amended and 22 reordained to read as follows: 23 Sec. 111. Definitions. 24 For the purpose of this ordinance, words used in the 25 present tense shall include the future; words used in the 26 singular number include the plural and the plural the singular; 27 the use of any gender shall be applicable to all genders; the 28 word "shall" is mandatory; the word "may" is permissive; the 29 word "land" includes only the area described as being above mean 30 sea level; and the word "person" includes an individual, a 31 partnership, association, or corporation. 1 32 In addition, the following terms shall be defined as herein 33 indicated: 34 35 Alcoholic beverage. Alcohol, spirits, wine and beer, or any 36 one or more of such varieties containing one-half of one percent 37 (0.5%) or more of alcohol by volume, including mixed alcoholic 38 beverages, and every liquid or solid, patented or not, 42 43 Bar or nightclub. An establishment, including a private club as defined by this ordinance, that serves alcoholic 44 beverages at any time between midnight and 6 a.m., except 45 establishments in which the service of alcoholic beverages is 46 incident to a wedding, banquet or similar function not open to 47 the general public, and in which both of the following 48 conditions are met: 49 50 51 52 53 S4 55 (1 ) the combined area of the dance floor and any other standing space exceeds 15% of the public floor area of the establishment; and music other intended than prerecorded (2) amplified background muslc, solely as an accompaniment to dining, midnight and 6 a.m. lS provided between 2 56 "Public floor area" shall include the entire floor area of 57 an establishment except for rest rooms, offices, storage areas, kitchen areas and other areas in which patrons do not 58 59 ordinarily congregate. "Standing space" shall include the 60 entire public floor area of an establishment except for areas 61 designated for seating or egress. The permits and inspections 62 administrator of the department of planning shall make such 63 determination based upon the floor plan of the establishment in 64 accordance with the provisions of the International Building 65 Code. Once such a determination has been made, the standing 66 space of an establishment shall not be increased so as to be in 67 excess of fifteen (15) per cent of the public floor area except 68 in accordance with Section 233.1 (a) (5) of this ordinance. 69 70 Eating and drinking establishment or restaurant. A 71 commercial establishment where food, beverages and meals are 72 served and consumed, including any areas set aside for their 73 storage or preparation, but not including bars or nightclubs. Sec. 233.1. Eating and drinking cl3tablil3hmontl3 l30rving 74 75 76 alcoholic bevcragco Bars or nightclubs. ~ Requirements. In addition to general requirements, 77 bars or nightclubs co.ting o.nd drinking coto.bli8hmcnt8 ',;hich 78 oer~e o.lcoholic be~ero.geo, 0.8 defined in 8ection 1 2 of the Code 3 79 of Virgini;l, for on premi8eo conoumption ;lnd ',;hich ;lre loc;lted 80 ',;i thin five hundred (500) feet of ;lny reoidenti;ll or ;lp;lrtment 81 di8trict or h;lve on oite p;lrking ~ithin three hundred (300) feet 82 of ;lny re8identi;l1 or ;lp;lrtment di8trict, or ',;hich ;lre loc;lted 83 in the RT 1L or ~ithin the RT 2 or RT 3 Re80rt Touri8t Di8trict, 84 shall be subj ect to the following requirements, which shall be 85 deemed to be conditions of the conditional use permit: 86 +a+ ill Category VI landscaping shall be installed along any 87 88 89 90 91 92 93 lot line adjoining a residential or apartment district without an intervening street, alley or body or water greater than fifty (50) feet in width. The fencing element of such landscaping shall not be less than six (6) feet nor more than eight (8) feet in height and shall be free from graffiti. Landscaping and fencing shall be maintained in good condition at all times~; 94 +6+(2) The operation of such establishments shall not disturb 95 96 97 98 99 100 101 102 the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enj oyment of neighboring property by reason of excessive noise, traffic, overflow parking and litter. Noise from any establishment located wi thin five hundred (500) feet of any residential or apartment district or use or hotel shall not be audible from outside the building in 4 103 104 105 106 107 which such establishment 1S located or, where such establishments are located in a freestanding building, from any location not on the same lot, except when exits are opened to allow patrons, employees or other persons to exit; 108 +e+ (3) Operators of such establishments shall not allow 109 110 111 112 113 114 115 116 117 loitering or congregations of individuals in the parking lot or other exterior portions of the premises, except for areas in which the consumption of alcoholic beverages is specifically permitted by the terms of the establishment's Alcoholic Beverage Control license, and shall keep all entrance and exit doors closed at all times of operation, except when patrons, employees or other persons are actually entering or exiting the establishment~; 118 +at (4) Such establishments shall be required to implement any 119 120 121 122 123 124 125 126 other reasonable measures the city council deems necessary or appropriate to minimize noise or other potential adverse effects upon neighboring rcoidcnti~l areas; and (5) No increase in the combined area of the dance floor and any other standing space shall be allowed without the approval of the City Council if, after such increase, the combined area of the dance floor and 5 127 128 129 other standing space exceeds fifteen (15) per cent of the total floor area of the establishment. Violations. A violation of any of the aforesaid (b) 130 requirements shall be grounds for revocation of the conditional 131 use permit in accordance with the provisions of Section 221 (h) ; 132 provided, however, that where a bar or nightclub has not 133 previously been found to be in violation of the conditional use 134 permit, the Zoning Administrator shall give notice of the 135 violation to the property owner or operator of the establishment 136 alleged to be in violation of the conditional use permit and 137 allow a reasonable time for the violation to be corrected or 138 remedied prior to the institution of proceedings to revoke the condi tional use permit under Section 221 (h) . Any finding by 139 140 the Zoning Administrator that a bar or nightclub is in violation 141 of the conditional use permit may be appealed to the Board of 142 Zoning Appeals in accordance with Section 106. (c) Accessory uses. Bars or nightclubs shall not be 143 144 allowed as an accessory use in any zoning district. (d) Expansions, etc. Notwithstanding any other provision 145 146 of this ordinance, no conditional use permit or resolution pursuant to Section 105 (d) shall be required for the 147 148 enlargement, extension, reconstruction or structural alteration 149 of a bar or nightclub lawfully In existence as of [date of 150 adoption of amendments], provided that: 6 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 (1) it has not previously been found to be in violation of the conditional use permit authorizing it, if any; (2) the net occupant load of the bar or nightclub is not increased as a result of the enlargement, extension, reconstruction or structural alteration; (3) the bar or nightclub has not been expanded or extended since [date of adoption of amendments]; and (4) except with respect to structural alterations or reconstructions not resulting in an increase in occupant load, such bar or nightclub is not located within an Accident Potential Zone (APZ). It shall be a condition of any enlargement, extension, 166 reconstruction or structural alteration pursuant to this section 167 that the bar or nightclub shall thereafter be subject to the 168 standards and conditions set forth in Subsection (a) hereof. 169 Any enlargement, extension, reconstruction or structural 170 alteration of a bar or nightclub not meeting the criteria set 171 forth herein may be allowed by the City Council in accordance 172 with Section 105 (d) or by conditional use permit, as the case 173 may be. In the event any such standard or condition is found by 174 the City Council to have been violated, it may revoke the 7 175 permission to enlarge, extend, reconstruct or structurally alter 176 the establishment. Any enlargement, extension, reconstruction 177 or structural alteration of a bar or nightclub not meeting the 178 criteria set forth herein may be allowed by the City Council in 179 accordance with Section 105(d) or by conditional use permit, as 180 the case may be. 181 Sec. 701. Use regulations [Hotel District]. 182 (a) Principal and conditional uses. The following chart 183 lists those uses permitted wi thin the H-l Hotel District. Those 184 uses and structures in the district shall be permitted as either 185 principal uses indicated by a "P" or as conditional uses 186 indicated by a "C." Uses and structures indicated by an "X" 187 shall be prohibited in the district. No uses or structures other 188 than as specified shall be permitted. 189 Use H-] 190 191 192 193 194 195 196 197 Bars or nightclubs, subject to the provisions of subsection (b) (1) C (b) Accessory uses and structures. Uses and structures 198 which are customarily accessory and clearly incidental and 199 subordinate to principal uses and structures, including but not 2 00 limited to: 8 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 (1) Within the H-1 Hotel District, establishments for sale of gifts, clothing, drugs, photographic supplies, newspapers, and magazines and convenlence goods, eating and drinking establishments and professional and personal service establishments; provided that such uses are accessory to hotels having fifty (50) or more dwelling or lodging units for sale or for rent; and provided further, that all such establishments shall be designed and scaled only to meet the requirements of occupants and their guests; and provided also that there shall be no evidence of the existence of such establishments from outside the property line; and provided finally that the floor area occupied by such establishments shall not exceed twenty (20) percent of the floor area of the hotel or motel. 217 Sec. 901. Use regulations [Business districts]. 218 (a) Principal and condi tional uses. The following chart 219 lists those uses permitted within the B-1 through B-4e Business 220 Districts. Those uses and structures in the respective business 221 districts shall be permitted as either principal uses indicated 222 by a "P" or as conditional uses indicated by a "e." Uses and 223 structures indicated by an "X" shall be prohibited ln the 9 224 respective districts. No uses or structures other than as 225 specified shall be permitted. Use Bars or nightclubs Eating and drinking establishments without drive-through windows, when not freestanding and incorporated inside a mixed use building, except as otherwise specified in this section Eating and drinking establishments with drive-through windows, except as specified below B-1 x x x B- 1A x x x B-2 B- 3 c x p B-3A c c p B- 4 B-4C B- 4K c p p x p x c c x Eating and drinking establishments without drive-through windows, P P P P X P X X except as specified below E.:1ting .:1nd drinking c:Jt.:1bli:Jhmcnto ',;hcrc * * G G G G G .:111 thrcc of thc G f ollo',i'ing occur: 1. }'.lcoholic bCJcr.:1gc:J .:1rc :Jccv'cd; 2 . Thc c:Jt.:1bli:Jhmcnt i:J loc.:1tcd ',,'i thin fi'v'c hundrcd (500) fcct of .:1 rC:Jidcnti.:11 or 10 X p X 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 ~p~rtment di8tricti 3. The e8t~bliDhment excludeD per8on8 on the b.J.8i8 of .J.ge during ~ny p~rt of the d~y or provideD entert~inment ~udible from ~n .J.djoining property. (a1) Outdoor cafes and outdoor plazas ~n the B-3A Pembroke Central Business Core District. (a1) Outdoor cafes and outdoor plazas in the B-3A Pembroke Central Business Core District. (a) Notwithstanding any contrary provision of this ordinance, outdoor cafes within the B-3A Pembroke Central Business Core District shall not occupy more than one thousand (1,000) square feet of area outside of an enclosed building. (b) Notwithstanding any contrary provision of this subsection, outdoor plazas within the B-3A Pembroke Central Business Core District shall be subject to the following criteria: (1) Outdoor plazas should be located at the entrance to major buildings and other appropriate areas to provide safe, attractive and accessible public urban open spaces for those who live, work 11 244 245 246 247 248 249 250 and visit the area. The size and configuration of outdoor plazas and attendant amenities shall be reviewed by the Planning Director to ensure conformance with these and other related objectives as set forth in the Comprehensive Plan and Pembroke Central Business District Master Plan; and 251 252 253 (2) The architectural design shall conform to the purpose and intent of the Central Business District Master Plan. 254 (b) Accessory uses and structures. Uses and structures 255 which are customarily accessory and clearly incidental and 256 subordinate to the principal uses and structures, including, but 257 not limited to: 258 259 260 261 262 263 264 265 266 (1) An accessory acti vi ty operated for profit in a residential dwelling unit where there lS no change In the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one nonilluminated identification sign not more than one square foot in area mounted flat against the residence; where 12 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 no traffic lS generated, including traffic by commercial delivery vehicles, by such activity In greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity lS met off the street and other than in a required front yard; where the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling unit is employed in the activity; where such activity is conducted only in the principal structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the activity is specifically designed or conducted to permit no more than one patron, customer, or pupil to be present on the premises at anyone time. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, bars or nightclubs, tourist homes, massage or tattoo parlors, radio or television repair shops, auto repair shops, or similar establishments. 13 291 (c) Special restrictions ~n Accident Potential Zone 1 292 (APZ-l) . No use or structure shall be permitted on any property 293 located within Accident Potential Zone 1 (APZ-l) unless such use 294 is designated as compatible in APZ-l in Table 2 ( "Ai r 295 Installations Compatible Use Zones Land Use Compatibility in 296 Accident Potential Zones") of section 1804; provided, however, 297 that any use or structure not designated as compatible shall be 298 permitted as a replacement of the same use or structure if the 299 replacement use or structure is of equal or lesser density or 300 intensity than the original use or structure. 301 Sec. 1001. Use regulations [Industrial Districts]. 302 (a) Principal and conditional uses. The following chart lists 303 those uses permitted wi thin the I-I and 1-2 Industrial 304 Districts. Those uses and structures in the respective 305 industrial districts shall be permitted as either principal uses 306 indicated by a "P" or as conditional uses indicated by a "C." 307 Uses and structures indicated by an "X" shall be prohibited In 308 the respective districts. No uses or structures other than as 309 specified shall be permitted. 310 Use I-l I-2 311 Bars or nightclubs C C 312 313 314 315 316 Eating and drinking establishments, except .:lD Dpecified belm: P P 14 317 318 319 320 321 322 323 324 325 326 327 328 329 330 E.J.ting .J.nd drinking e::;t.J.b1i::;hment::; ',;here .J.ll three of the follo~ing occur: 1. ~lcoholic bever.J.ge::; .J.re ::;er;ed; 2. The eDt.J.bli::;hment i::; loc.J.ted ~ithin five hundred (500) feet of .J. re::;identi.J.l or .J.p.J.rtment di::;trict; 3. The eDt.J.bli::;hment excludeD perDon::; on the b.J.::;i::; of .J.ge during .J.ny p.J.rt of the d.J.Y, or provide::; entert.J.inment .J.udible from .J.djoining property. G G 331 Sec. 1501. Use regulations [RT-1 District]. 332 (a) The following chart lists those uses permitted within 333 the RT-1 Resort Tourist District as either principal uses, as 334 indicated by a "P" or as conditional uses, as indicated by a 335 "e." eondi tional uses shall be subj ect to the provisions of Part 336 e of Article 2 (section 220 et seq.). No uses or structures 337 other than those specified shall be permitted. All uses, whether 338 principal or conditional, should to the greatest extent possible 339 adhere to the provisions of the Oceanfront Resort Area Design 340 Guidelines. 341 Use RT- 1 Bars or nightclubs, except as specified below Bars or nightclubs operated in conj unction with motels x hotels or e 15 342 343 KJ.ting ond drinking c8tobli8hmcnt8, 'dhcthcr or in conj unction ',;i th 0 hotcl or motcl, ,;hcrc follo',:ing occur: (i) olcoholic bc;crogc8 orc (ii) thc c8tobli8hmcnt cxcludc8 pcr8on8 on thc during on) port of thc doy not opcrotcd both of thc 8crvcd; ond G b08i8 of ogc (b) Structures enclosing uses permitted in conjunction 344 with hotels and motels shall be subject to the following 345 requirements: 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 (1 ) Such structures shall be located entirely wi thin and shall be fully enclosed at all times by solid exterior walls and roof with no exterior opening, other than passageway doors as may be required by the Virginia Uniform Statewide Building Code; (2) Except with boardwalk cafes as respect to permitted by franchise agreements approved by the city council, no entrance or exit to the use shall be located on the side of any structure facing the boardwalk, unless such entrance or exit courtyard or provides to a access intervening open area, in which case such open area shall be fully fenced or walled to a height of at least four feet and without any (4 ) entrances or exits facing the boardwalk; and 16 361 362 363 364 365 366 (3) Parking structures shall be permitted in conj unction with hotels and motels provided that any ground level parking within the structure fronting on Atlantic Avenue, the boardwalk, or any public park or open space is prohibited except for necessary access drives and ramps. 367 (c) Proposed conditional uses shall be evaluated for 368 consistency with the following criteria regarding general land 369 use, transportation, and aesthetic provisions in order to further 370 the legislative intent of the RT-1 District and the goals of the 371 Comprehensive Plan and Oceanfront Resort Area Plan: 372 373 374 (1) Any development or redevelopment in this area should contribute to creating an attractive wholesome family resort destination; 375 376 377 (2) The use should be consistent with the resort area goal to promote a safe, day and night, year round resort destination; 378 379 380 (3) The use and structure should complement resort activity centers and corridors and advance the area's public and private investments; 381 382 383 (4) All development and other physical improvements, such as landscaping, signs, lighting, and other similar elements should strive to achieve a high 17 384 385 386 387 388 389 390 level of design excellence and contribute to a quality image as expressed In the Oceanfront Resort Area Design Guidelines; (5) All transportation improvements should be designed to shift the dominant transportation mode in the area from vehicular to pedestrian and transit; and 391 392 (6) The use should be appropriate for both local residents and visitors to the area. 393 Sec. 1511. Use regulations [RT-2 District] . 394 (a) The following chart lists those uses permitted within 395 the RT-2 Resort Tourist District as either principal uses, as 396 indicated by a "P," or as conditional uses, as indicated by a 397 "C." Conditional uses shall be subj ect to the provisions of Part 398 C of Article 2 (section 220 et seq.). Buildings within the RT-2 399 District may include any principal or conditional uses in 400 combination with any other principal or conditional uses. No 401 uses or structures other than those specified shall be 402 permitted. All uses, whether principal or conditional, should to 403 the greatest extent possible adhere to the provlslons of the 404 Oceanfront Resort Area Design Guidelines. 405 18 406 407 Use RT- 2 Bars or nightclubs Eating and drinking establishments, cxccpt .J.8 8pccificd bclo',; E.J.ting .J.nd drinking c8t.J.bli8hmcnt8 ',Jhcrc both of follo',;ing occur: (i) l\lcoholic bC7cr.J.gc8 .J.rc 8ce/cd; (ii) Thc c8t.J.bli8hmcnt cxcludc8 pcr8on8 on thc b.J.8i8 of during .J.ny p.J.rt of thc d.J.Y c p thc .J.nd G .J.gc (b) Accessory uses and structures: Uses and structures 408 which are customarily accessory and clearly incidental and 409 subordinate to the principal uses and structures; provided, 410 however, that drive-through facilities shall not be permitted: 411 412 413 414 415 416 417 418 419 420 421 422 (1) An accessory acti vi ty operated for profit in a residential dwelling unit where there is no change ln the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one (1) nonilluminated identification sign not more than one (1) square foot in area mounted flat against the residence; where no traffic is generated, including traffic by commercial delivery vehicles, by such activity ln greater volumes be than would normally 19 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; where the activity lS conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling unit is employed in the acti vi ty; where such acti vi ty is conducted only in the principal structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the activity is specifically designed or conducted to permit no more than one (1) patron, customer, or pupil to be present on the premises at any one (1) time. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, bars or nightclubs, tourist homes, massage or tattoo parlors, body piercing establishments, radio or television repair shops, auto repair shops, or similar establishments. (c) Proposed conditional uses shall be evaluated for 446 consistency with the following criteria regarding general land 20 447 use, transportation, and aesthetic provisions in order to 448 further the legislative intent of the RT-2 District and the 449 goals of the Comprehensive Plan and Oceanfront Resort Area Plan: 450 451 452 (1) Any development or redevelopment in this area should contribute to creating an attractive wholesome family resort destination; 453 454 455 (2) The use should be consistent with the resort area goal to promote a safe, day and night, year round resort destination; 456 457 458 (3) The use and structure should complement resort activity centers and corridors and advance the area's public and private investments; 459 460 461 462 463 464 (4) All development and other physical improvements, such as landscaping, slgns, lighting, and other similar elements should strive to achieve a high level of design excellence and contribute to a quality image as expressed ln the Oceanfront Resort Area Design Guidelines; 465 466 467 468 (5) All transportation improvements should be designed to shift the dominant transportation mode in the area from vehicular to pedestrian and transit; and 21 469 (6) The use should be appropriate for both local 470 residents and visitors to the area. 471 Sec. 1521. Use regulations [RT-3 District]. 472 (a) The following chart lists those uses permitted wi thin 473 the RT-3 Resort Tourist District as either principal uses, as 474 indicated by a "P" or as conditional uses, as indicated by a 475 "e." eondi tional uses shall be subj ect to the provisions of Part 476 e of Article 2 (section 220 et seq.). Except for single-family, 477 duplex, semidetached and attached dwellings, buildings within 478 the RT-3 District may include any principal or conditional uses 479 in combination with any other principal or conditional use. No 480 uses or structure s other than those specified shall be 481 permitted. All uses, whether principal or conditional, should to 482 the greatest extent possible adhere to the provisions of the 483 Oceanfront Resort Area Design Guidelines. 484 Use RT- 3 Bars or nightclubs Eating and drinking establishments, except ~8 opecified belo',; P E~ting ~nd drinking e8t~bli8hment8 ',;here both of follmJing occur: (i) L'\lcoholic bCJer~ge8 ~re 8cr7ed; (ii) The e8t~bli8hment exclude8 per8on8 on the b~8i8 of during ~ny p~rt of the d~y e the ~nd G ~ge 22 485 486 (b) Accessory uses and structures Uses and structures 487 which are customarily accessory and clearly incidental and 488 subordinate to the principal uses and structures; provided, 489 however, that drive-through facilities shall not be permitted as 490 an accessory use: 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 (1) An accessory acti vi ty operated for profit ln a residential dwelling unit where there is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot , either permanently or intermittently, of the conduct of such business except for one (1) nonilluminated identification sign not more than one (1) square foot in area mounted flat again against the residence; where no traffic is generated, delivery including traffic by commercial vehicles, by such activity in greater volumes than would normally be expected ln the neighborhood, and any need for parking generated by the conduct of such acti vi ty is met off the street and other than in a required front yard; where the acti vi ty is conducted on the premises which is the bona fide residence of the principal 23 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 practitioner, and no person other than members of the immediate family occupying such dwelling unit is employed in the activity; where such activity is conducted only in the principal structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the acti vi ty lS specifically designed or conducted to permit no more than one (1) patron, customer, or pupil to be present on the premises at anyone time. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, bars or nightclubs, tourist homes, massage or tattoo parlors, body piercing establishments, radio or television repalr shops, auto repair shops, or similar establishments. 525 (c) Proposed conditional uses shall be evaluated for 526 consistency with the following criteria regarding general land 527 use, transportation, and aesthetic provisions in order to 528 further the legislative intent of the RT-3 District and the 529 goals of the Comprehensive Plan and Oceanfront Resort Area Plan: 24 530 531 532 (1) Any development or redevelopment in this area should contribute to creating an attractive wholesome family resort destination; 533 534 535 536 537 538 539 540 541 542 543 544 (2) The use should be consistent with the resort area goal to promote a safe, day and night, year round resort destination; (3) The use and structure should complement resort activity centers and corridors and advance the area's public and private investments; (4) All development and other physical improvements, such as landscaping, signs, lighting, and other similar elements should strive to achieve a high level of design excellence and contribute to a quality image as expressed in the Oceanfront Resort Area Design Guidelines; 545 546 547 548 549 (7) All transportation improvements should be designed to shift the dominant transportation mode in the area from vehicular to pedestrian and transit; and (8 ) The use should be appropriate for both local 550 residents and visitors to the area. 551 Adopted by the City Council of the City of Virginia Beach, 552 Virginia, this 23rd day of January, 2007. 25 - 41 - Item V.N.l. APPOINTMENTS ITEM # 56031 BY CONSENSUS, City Council RESCHEDULED thefollowing APPOINTMENTS:: COMMUNITY SERVICES BOARD - CSB HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE January 23, 2007 - 42- Item V.N.2. APPOINTMENTS ITEM # 56032 Upon motion by Council Lady McClanan, City Council APPOINTED: Mayor Meyera E. Oberndorf, Chair John Parker - Commercial Owner Joe Ferrara - Residential OCEAN A LAND USE CONFORMITY PLAN COMMITTEE Voting: 9-0 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, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and John E. Uhrin January 23, 2007 - 43 - Item V.N.3. APPOINTMENTS ITEM # 56033 Upon motion by Council Lady McClanan, City Council APPOINTED: Nils S. Bahringer Unexpired term thru 09/30/2009 Barbara M. Wolcott Unexpired term thru 09/30/2008 Ronald C. Ripley Unexpired term thru 09/30/2007 plus 5 years thru 09/30/2012 Jeffrey L. Marks Alternate Unexpired thru 09/30/2009 WETLANDS BOARD Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Dieze!, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and John E. Uhrin January 23, 2007 - 44- Item v.P.I. NEW BUSINESS ITEM # 56034 Council Lady Henley referenced complaints concerning behavioral problems at the Verizon Wireless Virginia Beach Amphitheater and requested an Informal Briefing. The City Manager shall schedule a Briefingfor afuture City Council Session. ITEM # 56035 Councilman Villanueva referenced the City Manager's correspondence dated January 23, 2007, re Legislation referencing Transportation in Virginia. Several Bills were introduced last week dealing with transportation. The main being two (2) Senate Bills, SB 1415 and SB 1417 and House Bill HB 3202. Copies are hereby made a part of the record. Councilman Villanueva inquired whether this included the provision of Bifurcated Tax Rate. The City Manager advised he believed this concept was included in one of the other pieces of legislation not directly related to transportation. Council Lady Henley referenced the local Transportation Fee Authority whereby a locality must adopt all the fees or none at all. If the legislation passes and the taxes are levied, are the funds only utilized for regional projects? Would these fees not affect in-city Virginia Department of Transportation (VDOT) projects? The City Manager advised the majority of the Bills are targeted toward major regional projects and do not address the ongoing transportation requirements within the jurisdictions in terms of the urban allocation funds. Senator Stolle believes these Bills would be revised. Senator Stolle has offered to place a conference call with the City Council and the City Manager advised this could be arranged within the next week. January 23, 2007 - 45 - Item V-Q. ADJOURNMENT ITEM # 56036 Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 7:25 P.M. _:1~_.t2_~":'& Beverly 0. Hooks, CMC Chief Deputy City Clerk Louis R. Jones Vice Mayor Cif::f::::::5;;t City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia January 23, 2007