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FEBRUARY 13, 2007 MINUTESCITY COUNCIL MAYOR MEYF.RA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM 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 MANAGER - JAMES K. SPORE CITY A7TORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 13 FEBRUARY 2007 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (75 7) 385-5669 E- MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFING - Conference Room - 2:00 PM A. BUDGET EXECUTION REPORTS 1. Convention and Visitors Bureau James Ricketts, Director 2. Museums and Historic Preservation Lynn Clements, Director II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - 3:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Dan B. Goff Pastor, Calvary Assembly of God 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 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. EXCESS CITY -OWNED PROPERTY to Bil-Mar Construction, Ltd. Chesapeake Shores, Lake Joyce February 6, 2007 11 2. INSTALLMENT PURCHASE AGREEMENT for acquisition of Agricultural Land Preservation (ARP) Easement - 1800 Pleasant Ridge Road I. PUBLIC COMMENT 1. WORKFORCE HOUSING J. CONSENT AGENDA K. RESOLUTION/ORDINANCES Resolution to AUTHORIZE a Memorandum of Understanding (MOU) with Naval Air Station Oceana re the evaluation of discretionary development applications within the AICUZ footprint; and, AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto. 2. Ordinance to AUTHORIZE the acquisition, by agreement, a portion of property adjacent to the Adam Thoroughgood House at 4337 Country Club Circle from Richard G. Parise; and, AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto. DISTRICT 4 - BAYSIDE 3. Ordinance to AUTHORIZE the City Manager to EXECUTE documents re sale of EXCESS CITY -OWNED PROPERTY at Chesapeake Shores, Lake Joyce to Bil-Mar Construction, Ltd., for the construction of a three-story dwelling. DISTRICT 4 - BAYSIDE 4. Ordinance to AUTHORIZE the acquisition in fee simple, by agreement or condemnation, of property on Oceana Boulevard adjacent to Whitehurst Lake for the Southeastern Parkway/Greenbelt; and, AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto. DISTRICT 6 — BEACH 5. Ordinance to AUTHORIZE the City Manager to EXECUTE an Installment Purchase Agreement with Nelson Scott Morris re an Agricultural Lands Preservation Easement (ARP) at 1809 Pleasant Ridge Road. DISTRICT 7 - PRINCESS ANNE 6. Ordinances to AUTHORIZE temporary encroachments into portions of City property: a. WILLIAM R. and KAREN P. SCHONAUER at 2 Caribbean Avenue re the reconstruction and maintenance of the existing pier, float, ramp, riprap and mooring pile DISTRICT 6 — BEACH b. CARL D. and LORI A. PETERSON at 2021 Falling Sun Lane, Red Mill Farms, re removal and reinstallation of an existing fence, maintenance of an existing shed and construction and maintenance of riprap revetment DISTRICT 7 — PRINCESS ANNE 7. Ordinance to AUTHORIZE two (2) freestanding signs at 201 Market Street re Sandler Center for the Performing Arts in the Town Center. DISTRICT 5 — LYNNHAVEN Ordinances to APPROPRIATE and TRANSFER: a. $4,856,006 to the Virginia Aquarium Original Exhibit Gallery renovation re increased construction costs: 1. $206,006 from the General Fund Reserve for Contingencies 2. $4,000,000 from the Virginia Aquarium Animal Care Annex 3. $250,000 from the City Council Agenda Process Automation 4. $400,000 from Enterprise Data and Information Management Plan, Phase I b. $166,117 to Fire Facility Rehabilitation and Renewal, Phase II, re Building and Fire Code compliance during the repair and renovation of the Plaza Fire and Rescue Station: 1. $63,094 from Fire and Rescue Station — General Booth Corridor 2. $26,616 from Fire and Rescue Station — Sandbridge Relocation 3. $76,407 from Various Buildings Rehabilitation and Renewal, Phase II L. PLANNING Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for REV. BARNETT K. THOROUGHGOOD at 172 South Birdneck Road re two (2) single family homes. DISTRICT 6 — BEACH STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROVAL 2. Applications of G&S DEVELOPMENT, L.L.C. re a bulk storage facility at 959 Virginia Beach Boulevard (approved on December 10, 2002 and modified on February 14, 2004): DISTRICT 6 - BEACH a. Modification of Proffer No. 2 on a Conditional Zoning A-12 Apartment District to Conditional B-2 Business District b. Modification of Condition No. 1 placed on a Conditional Use Permit RECOMMENDATION APPROVAL 3. Application of TRUSTEES OF TIDEWATER KOREAN BAPTIST CHURCH for a Modification of Condition Nos. 1 and 2 at 301 Overland Road re a new gymnasium (approved on January 13, 1998). DISTRICT 2 — KEMPSVILLE RECOMMENDATION: APPROVAL U Q C 4. Application of VIRGINIA BEACH RESORT AND CONFERENCE CENTER for a Conditional Use Permit at 2816 Shore Drive re a live recreational facility of an outdoor nature (music and entertainment). DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 5. Application of ENTERPRISE RENT -A -CAR for a Conditional Use Permit re motor vehicle rentals at 3680 Holland Road. DISTRICT 3 — ROSE HALL RECOMMENDATION APPROVAL 6. Application of MEGAN A. HAMMOND for a Conditional Use Permit re boarding of horses and horseback riding at 1236 Princess Anne Road. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 7. Application of CINGULAR WIRELESS for a Conditional Use Permit at 5638 Baccalaureate Drive (Campus East and Lake Edward) re installation of a wireless communications tower on an existing Dominion Power transmission tower. DISTRICT 2 — KEMPSVILLE RECOMMENDATION UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT APPROVAL MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 13 February 2007 Mayor Meyera E Oberndorf called to order the City Manager's Briefings re BUDGET EXECUTION REPORTS in the City Council Conference Room, City Hall, on Tuesday, February 13, 2007, at 2:00 P.M. Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Robert M. Dyer, [Entered: 2:10 P.M.] Ron A. Villanueva [Entered: 2:10 P.M.] February 13, 2007 -z - MA YOR `S COMMENTS 2:00 P.M ITEM # 56063 Mayor Oberndorf advised the Council of Civic Organizations presented the Valentine Balloons and candy to the City Council. ITEM # 56064 Mayor Oberndorf distributed a copy of her correspondence to the Members of the Virginia Beach General Assembly Delegation: "Dear Senators and Delegates: At the request of the Virginia Beach City Council, I would like to express our serious concerns about one of the current methods proposed to fund critically needed transportation projects. As part of the Hampton Roads transportation funding plan, you have been considering a bifurcated tax rate, also known as a special service district, which would result in a different tax rate for residentially versus commercially classified property. Our City Council believes that this is a completely inappropriate transportation funding mechanism. It will make commercial real estate tax rates in Virginia Beach and all of Hampton Roads very disadvantaged compared to our competitors in the Richmond area, North Carolina and other markets such as Jacksonville, etc. Furthermore, it would cause commercial property rental rates to increase at the same rates as, if not higher than, the increments of the tax increase. This would be passed along to renters through their monthly rent, as most leases include pass-through clauses. The City Council believes that this is a completely inappropriate transportation funding mechanism. While we appreciate your efforts to develop statewide and regional plans for transportation funding, we recommend that you consider more broadly based revenue measures, such as an additional tax on gasoline to fund the needs of Hampton Roads. Obviously, this revenue source is directly related to vehicle and roadway usage. A combination of fees and taxes is necessary to generate an additional $275 -MILLION annually in the region. This revenue, plus the ability to toll facilities, can meet the regional needs of Hampton Roads. Additionally, solutions are required to meet the dramatically curtailed resources available for urban roadway construction. In short, building the six major regional projects does not begin to address the needs in the urban system. Thank you for your service to the Commonwealth. Please give our concerns your consideration. Sincerely, Meyera E. Oberndorf Mayor " February 13, 2007 sm MAYOR'S COMMENTS ITEM # 56065 Mayor Oberndorf also advised forwarding correspondence relative the room tax. Councilman Uhrin advised he would contact all members of City Council relative this item. Council Lady Wilson advised Mayor Oberndorf she supported the Mayor concerning the room tax. Mayor Oberndorf advised if the education budget is decreased by $250 -MILLION, the children would be deprived of a World class education. The City has fought for years concerning funds for education. Councilman Uhrin advised speaking to the Legislators in Richmond yesterday, February 12, 2007, expressing concern re the proposal concerning adding $5.00 to the hotel tax. This would make the City of Virginia Beach have the highest hotel tax in the Nation (over New York City and New Orleans) The City has recently booked the American Bus Association first National Convention) and are very excited about hosting this event in February. If this $5.00 a night room tax were enacted in Richmond, an Addendum to the Contract encompassing $107,000 additional costs, would have to be issued to the American Bus Association. Council Lady Henley expressed concern re the room and real estate tax as these are sources available for the local government to fund. The City needs to retain this capability and not have them maxed out by the State. February 13, 2007 -4 - CITY MANAGER 4S BRIEFING BUDGET EXECUTION REPORTS Convention and Visitors Bureau ITEM # 56066 James B. Ricketts, Director — Convention and Visitors Bureau, reiterated his Department's Budget Presentation. The Tourism Growth Investment Fund (TGIF) depicts only their Bureaus portion received, which is primarily utilized to fund the Entertainment Program, Beach Street. and related programs at the Oceanfront: Convention & Visitors Bureau: Comparison of Current Rate of Expenditure with Projected Jd Ate Sep W Wv Des Jan Feb Mar Apr May Jin -et-FY 07 Rab—FeO Mthly RMe * Customer Service Training: Bryant and Stratton College (Slide II) *Strategic Planning: Leadership Synergies (Slide III) Key Services - • Conv ,.Ii n 8 Tourism Mlafketmg ar�d Sales l4rghla 8e11:h convention Gemef Management arra OOer911ans • f'Ze,ori Programs and tdntrnistrntion Results - 3rn4h T': ove, PeSe.'Jrch lSKIOF 1�1 mi,- Ib) I Current Projects I • VBG;' rt7. lg Ame ,an tiu� A+soc:ai cn Cn�iverli:,�n The American Bus Association Convention scheduling entailed a three (3) year process. The City has great partners throughout Hampton Roads and the State of Virginia, who have financially assisted with the hosting of this meeting, and providing in-kind services. As a result of being exposed to the group tour operators throughout the United States, the City's group tourism will increase 10% to 30%. Mr. Ricketts displayed two (2) charts Smith Travel Research re hotel performance (January 2006 — December 2006 and July 2006 to December 2006 —first six (6) months of the Fiscal Year). All statistics are in the "plus column " indicating a strong year. Room occupancy on an annual basis is approximately 62% (61.7016). Room rate continues to increase ($102.74). Revenue for Available Room (RevPar) is one of the prime indicators of hotel performance February 13, 2007 Revised Expeniltwins YT G FY 200447 FTE's FY 2008417 Pro,,, Groff AOrrknistration FY 200647 1,026,393 471,390 11.54 Resort Management 1,742,020 312,338 6.00 Tourism Marketing 354.236 195,874 400 Visitor Center 1,196,974 317,956 9.39 TAP FUM 8,183,325 4,983,295 2.00 Spode Marketing 560.168 394,616 3.00 Convention Sales 1.052.820 498.128 13.00 Convention Center 5.378.438 2.155,236 00.91 Pinkln9 3,899,426 784.289 6.00 T. G.I.F.- Oceanfront Events 2,885,352 1,926.158 0.00 Total 26261 152 12, 039, 280 135.04 The American Bus Association Convention scheduling entailed a three (3) year process. The City has great partners throughout Hampton Roads and the State of Virginia, who have financially assisted with the hosting of this meeting, and providing in-kind services. As a result of being exposed to the group tour operators throughout the United States, the City's group tourism will increase 10% to 30%. Mr. Ricketts displayed two (2) charts Smith Travel Research re hotel performance (January 2006 — December 2006 and July 2006 to December 2006 —first six (6) months of the Fiscal Year). All statistics are in the "plus column " indicating a strong year. Room occupancy on an annual basis is approximately 62% (61.7016). Room rate continues to increase ($102.74). Revenue for Available Room (RevPar) is one of the prime indicators of hotel performance February 13, 2007 -5 - CITY MANAGER'S BRIEFING BUDGET EXECUTION REPORTS Convention and Visitors Bureau ITEM # 56066 (Continued) SMITH TRAVEL RESEARCH ,....I r___ --_L__ )nnt ✓anua .2000 — "eceniuer Z.vvv Major indicator YTD % Change Occupancy 61.7% 1.5% Room Rate $102.74 5.9% evPar (Revenuefor Available Room) $63.37 7.3% apply 3,952,083 1.5% Demand 2,437,418 +2.9% Revenue $ 250,427,905 .9% SMITH TRAVEL RESEARCH July 2006 — December 2006 ajor Indicator YTD % Change Occupancy 63.6% +.2% Room Rate $114.97 +6.5% evPar $73.17 +6.7% apply ,997,420 +.7% Demand 1,271,168 +.9% evenue $146,149,826 + 7.4% Mr. Ricketts advised Bryant and Stratton College has been engaged to assist with Customer Service Training. This encompasses not only the Convention and Visitors Bureau staff but hopefully will include the private sector in this program. The first pilot training program was conducted with focus groups encompassing the private sector. Sessions were conducted with the Managers and first line staff. Concerning Strategic Planning, years ago, Mike Olson, Director of Hospitality Program — Virginia Tech was hired to assist with the development of the Plan. John Clark, Consultant — Convention and Visitors Bureau, was hired with the renovation of the Convention Center. John established the initial performance indicators for Convention Sales efforts, the Incentive Program and a tracking mechanism to determine results. Mr. Clark was again engaged to re-evaluate the Convention and Visitors Bureau operation, particularly the sales effort. As apart of this, the Strategic Plan was updated. February 13, 2007 M CITY MANAGER'S BRIEFING BUDGET EXECUTION REPORTS Convention and Visitors Bureau ITEM # 56066 (Continued) CUSTOMER SERVICE INITIATIVE • RFP September 2006 • Five Star Service • Focus Groups to Customize Training to Virginia Beach — CVB Management and Frontline — Industry Management and Frontline • Pilot Training Program — CVB Managers — CVB Frontline Staff — Industry Guests • Evaluation/Next Phase STRATEGIC PLAN STRATEGIC PILLARS LEADERSHIP SYNERGIES NOVEMBER 2006 • Customer Management • Strategic Influence • Resort Plan Development • Brand Development • Workforce Development • Multiculturalism • Market the ROI of Tourism • Technology • Resource Allocation • Partnerships and Alliances Mr. Ricketts advised the real strep th in the hotel industry nationwide lies in the higher end (i.e. Sheraton, Hilton, Ramada Inn at 57` and suite hotels (Marriott Courtyards, Residence Inn, Fairfield Inn and Springhouse Suites). At least two (2) more Convention Hotels similar to the Hilton are needed. Concern was expressed re the Tropicana Hotel listed as Number 1 on TripAdvisor's list of the ten (10) Dirtiest Hotels I in the United States. Mr. Ricketts advised hotels of this nature are removed from all promotional literature and dropped from membership in the Hotel/Motel Association. An Inspection team has been formed which inspects hotels annually. The Inspection Team revisits the property when complaints are received. As $4 -MILLION had been invested, six (6) months ago, Mr. Ricketts requested a tour of the Tropicano, which still failed to be included in the City's promotional literature. In order to shut a hotel down, the facility must be monitored by Skip Scanlon, Director of Environmental Health, Virginia Beach Department of Health, to determine compliance. Mr. Ricketts understands additional funds and other improvements have been invested in the hotel. February 13, 2007 CITY MANAGER'S BRIEFING BUDGET EXECUTION REPORTS Museums and Historic Preservation 2:15 P.M. ITEM # 56067 Lynn Clements, Director — Museums and Historic Preservation, advised her report will encompass two areas, Historic Resources and The Virginia Aquarium. There are thirty-six (36) houses on the Historical Register. with 27,138 visitors to historic sites in FY 2006 The Virginia Aquarium experienced 620,299 visitors in FY2006 (highest since 1998) Museums: Comparison of Current Rate of Expenditure with Projected 100. sox aox Ad Aug Sap Od N., Dec Jan Fab Mar Apr Was Jun — 07 Fula �Fhad Modtey Rata *Staffing mix for Historic Sites *Funding formula for Virginia Aquarium *Public phase of Aquarium's Capital Campaign Revised FY 2006-07 Budget contmaaa Oft, Crorses Services ,+ Personnel Key Services — Vig7infa beach Historical R1q.,ier, Hislorir, PYesxvatlo+t. C4)&ldle 3 Historic Si1a,, snU vlIP ata Aquerlu,, & manna S -1,,;e Cerniur Results — 56 tiousv a ort lJa ricaf ,egi aler 27,138 v!sdors t,o hislrnil, &rtres In FYN, and 620 299 vishol, h1 the ViIUMW Fequariunl FY06 (fir,{hest since 1998) Current Projects — W(m,ia Beach 2007, Magna Cart, -)m,i th=, Fl Fnu+cont,ons vt Rr'edoni. H-. t I t Srte> a I Ling L 1! p. A y !t ' LYli 1- -,.. and proper' ada< n t hmo fhy7,uriHo x Roo,9Fla ,! Aqua » ttr o t n - A41 )A,,rnai Cerc C-1, I, al Id Pr re. Group Hetorm Resources Aquarium Total Revised Exp to Date FTE'. FY 2006-07 FY 2006-07 FY 2006-07 61.n2.205 61.122,402 5.00 7,023,901' 3,427,533 135.16 56,79 AN 64.549,935 140.16 'Of the total FY 21106-07 Aquarium budget, 93.0% is supported by revenue generated from fees and non -General Fund sources. Mrs. Clements displayed slides of the Francis Land, Lynnhaven and Adam Thoroughgood Houses. The Historic House Organizing Committee is working very hard and will be reporting to City Council in March. The Virginia Beach1damestown 2007 Steering Committee will be providing a status of the events on February 27, 2007. ATTFIVDANCF 800000 700000 600000 500000 rn L 400000 _N 300000 200000 100000 0 FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 Fiscal Year February 13, 2007 BUDGET EXECUTION REPORTS Museums and Historic Preservation ITEM # 56067 (Continued) Relative the Lynnhaven House, Museums is working closely with the attorneys for the Association for the Preservation of Virginia Antiquities (APVA) hopefully soon to complete a transfer of this property to the City. The property adjacent to the Adam Thoroughgood House is going to be purchased by the City in order to protect the view shed and the future of the House. Today, February 13, 2007, it was announced the Magna Carta will be coming to the Contemporary Art Center of Virginia (March 30 to June 18, 2007). Magna Carta and Four Foundations of Freedom is the official title. All the sponsorships have been received and $110,000 have been received. The Virginian Pilot and Sun Trust are the main sponsors. Williams Mullen, Runnymede, Pender and Coward, Steve Keller and Associates are other sponsors. Another locality wishes to rent this Magna Carta exhibit from Virginia Beach. Council Lady Henley referenced the Ferry Plantation House, owned by the City but operated by Volunteers (Friends of the Ferry Plantation House). The newest donation is a new split cedar shake roof, amounting to over $15, 000, by Burton Enterprises. Burton is still awaiting a few more split cedar shakes. Mrs. Clements referenced the Virginia Beach 2007 Boardwalk History Festival will be held on Saturday, April 28, 2007. Council Lady Henley is organizing participation. Community groups who wish to participate may also contact the Department of Museums or visit the City's website: www. vb2007. com. for further information. Mrs. Clemens referenced the six (6) African "black hooded" Penguins, a new Exhibit opening on Saturday, February 17, 2007 thru Labor Day. Personnel Costs 41500,000- 41000,000 ,500,0004,000,000 315001000- 370001000 ,500,0003,000,000 215001000 2,000,000 1,500,000 110001000- 5001000 ,000,000500,000 0 FY FY FY FY FY FY FY FY FY 99 00 01 02 03 04 05 06 07 February 13, 2007 CITY COUNCIL COMMENTS 2:49 P.M. ITEM # 56068 Councilman Dyer referenced the Channel 3 news report concerning "City running out of money for graffiti removal". Andy Friedman, Director of Housing and Neighborhood Preservation, advised funds have been transferred because of retirements and resignations. The program has not stopped. The City has a contract for abatement and the contractor is responsive. Mr. Friedman understood there is no problem with timeliness of removal by the Contractor. The City does not have multiple capabilities, but does have the capability to accomplish this graffiti removal. ITEM # 56069 Relative the issue of the hotel inspections, every year for the past several years, Health, Fire and Housing have inspected every single hotel and motel in the City. The staff is again inspecting, having completed fifty-five (55) inspections. The Tropicana is still under renovation, but will be again inspected. Last year, a motel was shut down because of significant safety and health hazards. When it is a case of life, health and safety, the Health, Fire and Housing Departments can and will shut down the facility. ITEM # 56070 Vice Mayor Jones advised Reverend Flores operates a facility on Newtown Road, consisting of a combination of Church services and a Youth Program, which is in need of funding. Vice Mayor Jones referred Reverend Flores to Andy Friedman — Director, Housing and Neighborhood Preservation. As per the request of Vice Mayor Jones. Mr. Friedman advised, meeting with Pastor Flores in December and encouraged him to apply for a Community Organization Grant (COG). Other sources of funding might also be available if he would produce a written request for funds. This document would be evaluated and brought forward whether to City Council or through Housing and Neighborhood Preservation funding. He also was encouraged to apply to the Virginia Beach Foundation, This Foundation desires to make improvements to the Newtown Road area. As of today, this proposal has not been received. Mr. Friedman was not aware Pastor Flores and his representatives were going to attend the Public Comment Session on February 6, 2007. Mr. Friedman would have been present to respond. Reverend Joe Flores, Pastor — Newtown Cultural Center, 620 Baker Road, Phone: 456-2007, did not arrive prior to adjournment The City Manager advised Andy has prepared a written report and he will provide same to City Council. The City Manager spoke with Reverend Flores yesterday, February 12, 2007, and he would bring by a proposal today. Councilman DeSteph advised being aware Pastor Flores has contacted Congresswoman Thelma Drake. One of the issues is past debt which is being addressed by introductions to community leaders i.e. Bruce Smith who are establishing programs and ways to assist. February 13, 2007 -10 - CITY COUNCIL COMMENTS ITEM # 56071 Councilman DeSteph advised over the last three (3) Budget Cycles, the City's Budget has been increased by approximately $90 -MILLION per year and the assessments on the real estate taxes have increased on average just over 20%. As of information received Friday, this year will be 18.39% and next year approximately 4.1 %. At the present time, the Operating Budget is up 5.8% from last year to this year with the increase next year, the City will be reviewing something similar concerning assessments. To lessen the impact of the effect next year, Councilman DeSteph wished the City to keep this amount down closer to or at the Consumer Pricing Index. Councilman DeSteph believes there would be a problem not with this Budget cycle, but the following Budget cycle. Councilman DeSteph wished alternatives to be considered to lessen the impact of next year. The City Manager advised speaking with Councilman DeSteph this morning and sharing his concern, not just the second year of the Biennial Budget, but the year or two years after. The trends in the 5 -year forecast last Fall illustrated the assessment is going to taper off, according to most authorities and thus revenues available will be reduced and adjustments made. Recommendations are being formulated to accompany the delivery of the Operating Budget in March. Mayor Oberndorf advised the Biennial Budget concept was initiated by Past Council Member Schmidt, and Council Members Villanueva and Wood. February 13, 2007 -11 - AGENDA REVIEW SESION 3:02 P.M. ITEM # 56072 1. Resolution to AUTHORIZE a Memorandum of Understanding (MOU) with Naval Air Station Oceana re the evaluation of discretionary development applications within the AICUZ footprint; and, AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto. Deputy City Attorney Macali referenced two minor changes in the Memorandum of Understanding. The verbiage "least reasonable density" has been revised to "lowest reasonable density': "The Navy is recognizing the legal principal that Council's actions denying an application are presumed valid in Court. " The word "denying" will be amended to "concerning ". ITEM # 56073 3. Ordinance to AUTHORIZE the City Manager to EXECUTE documents re sale of EXCESS CITY -OWNED PROPERTY at Chesapeake Shores, Lake Joyce to Bil-Mar Construction, Ltd, for the construction of a three-story dwelling. DISTRICT 4 - BAYSIDE Mayor Oberndorf reference correspondence from the residents around Lake Joyce posing several pertinent questions Mayor Oberndorf gave Deputy City Attorney Macali the copy of her letter and requested response to the questions as they would require a legal definition. ITEM # 56074 6. Ordinances to AUTHORIZE temporary encroachments into portions of City property: a. WILLIAM R. and KAREN P. SCHONA UER at 2 Caribbean Avenue re the reconstruction and maintenance of the existing pier, float, ramp, riprap and mooring pile DISTRICT 6 — BEACH b. CARL D. and LORI A. PETERSON at 2021 Falling Sun Lane, Red Mill Farms, re removal and reinstallation of an existing fence, maintenance of an existing shed and construction and maintenance of riprap revetment DISTRICT 7 — PRINCESS ANNE Council Lady Henley referenced encroachments of this nature and serving on the Green Ribbon Committee reviewing changes to the City's ordinances to water quality. One of the main topics of her Subcommittee is riparian buffers. During the City Council Session of February 6, 2007, City Council ADOPTED some allocations approximately in this same area for rather elaborate riparian buffers, with the understanding that a detailed cost estimate be provided City Council prior to commencement of the proiects. With these encroachments concerning piers and ramps, residents could be encouraged within these encroachments, to place low plants or natural grasses in this area to assist in trapping the nutrients and impurities. Councilman Wood concurred with requiring buffer planting. These plantings would slow down the velocity of the water. By Buffer planting, containing some stone, this would absorb and treat the stormwater. Jim Lawson, Real Estate, advised these plantings can be made a condition of approval of these encroachments, adjacent to bodies of water, and reviewed from a staff perspective. February 13, 2007 -12 - AGENDA REVIEW SESION ITEM # 56075 Councilman Wood distributed an Alternate Version of the Ordinance. Councilman Wood was concerned re not having adequate reserves on this project for contingencies. The Ordinance has been revised to allow for the ten percent (10016) contingency 8. Ordinance to APPROPRIATE and TRANSFER: a. $5,606,006 $4,836,006 to the Virginia Aquarium Original Exhibit Gallery renovation re increased construction costs: 1. $206,006 from the General Fund Reserve for Contingencies 2. $4,476,221$4;908;000 from the Virginia Aquarium Animal Care Annex 3. $250,000 from the City Council Agenda Process Automation 4. $400, 000 from Enterprise Data and Information Management Plan, Phase I 5. $229,559 from the Virginia Beach Juvenile Detention Center 6. $44,220 from Red WinmlVirginia Aquarium Original Exhibit Gallery Renovation Councilman DeSteph will vote a VERBAL NAY. ITEM # 56076 BY CONSENSUS, the following shall compose the CONSENT AGENDA: K RESOLUTION/ORDINANCES 2. Ordinance to AUTHORIZE the acquisition, by agreement, a portion of property adjacent to the Adam Thoroughgood House at 4337 Country Club Circle from Richard G. Parise; and, AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto. DISTRICT 4 — BAYSIDE 4. Ordinance to AUTHORIZE the acquisition in fee simple, by agreement or condemnation, of property on Oceana Boulevard adjacent to Whitehurst Lake for the Southeastern Parkway/Greenbelt; and, AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto. DISTRICT 6 — BEACH 5. Ordinance to AUTHORIZE the City Manager to EXECUTE an Installment Purchase Agreement with Nelson Scott Morris re an Agricultural Lands Preservation Easement (ARP) at 1800 Pleasant Ridge Road. DISTRICT 7 - PRINCESS ANNE February 13. 2007 - 13 - AGENDA REVIEW SESION ITEM#56076(Continued) 6 Ordinances to AUTHORIZE temporary encroachments into portions of City property. a. WILLIAM R. and KAREN P. SCHONA UER at 2 Caribbean Avenue re the reconstruction and maintenance of the existing pier, float, ramp, riprap and mooring pile DISTRICT 6-BEACH b. CARL D. and LORI A. PETERSON at 2021 Falling Sun Lane, Red Mill Farms, re removal and reinstallation of an existing fence, maintenance of an existing shed and construction and maintenance of riprap revetment DISTRICT 7-PRINCESS ANNE 7. Ordinance to AUTHORIZE two (2)freestanding signs at 201 Market Street re Sandler Center for the Performing Arts in the Town Center. DISTRICT 5-LYNNHAVEN 8. Ordinances to APPROPRIATE and TRANSFER. a. A606,006$1,8564006 to the Virginia Aquarium Original Exhibit Gallery renovation re increased construction costs: I. $206,006 from the General Fund Reserve for Contingencies 2. $4,476,221$440004000 from the Virginia Aquarium Animal Care Annex 3. $250,000 from the City Council Agenda Process Automation 4. $400,000 from Enterprise Data and Information Management Plan,Phase I 5. $229,559 from the Virginia Beach Juvenile Detention Center 6. $44,220 from Red Wing/Virginia Aquarium Original Exhibit Gallery Renovation b. $166,117 to Fire Facility Rehabilitation and Renewal, Phase IL re Building and Fire Code compliance during the repair and renovation of the Plaza Fire and Rescue Station: 1. $63,094 from Fire and Rescue Station-General Booth Corridor 2. $26,616 from Fire and Rescue Station-Sandbridge Relocation 3. $76,407 from Various Buildings Rehabilitation and Renewal, Phase II Council Members DeSteph, Diezel and McClanan will vote a VERBAL NAY on K5. (Morris-APR) Council Lady Henley DISCLOSED the applicant,Nelson Scott Morris, married her niece, but this is not considered a Conflict. Item K8a. will be ADOPTED,AS REVISED,BY CONSENT Councilman DeSteph will vote a VERBAL NAY on Item KSa.AS REVISED February 13, 2007 - l4 - A GENDA REVIEW SESION ITEM#56077 K4. Application of VIRGINIA BEACH RESORT AND CONFERENCE CENTER for a Conditional Use Permit at 2816 Shore Drive re a live recreational facility of an outdoor nature (music and entertainment). DISTRICT 5—LYNNHAVEN Karen Lasley, Administrator—Zoning, distributed a new Agenda Request Form, containing the correct conditions as stipulated by the Planning Commission. 4. Live entertainment events and any outdoor amplification shall be limited to no more than two (2) evenings per week. In addition, a maximum of 12 special events shall be allowed per year with no more than two of these special events occurring during any one month. 5. All live entertainment and outdoor amplification shall end at 9:00 pm Sunday through Thursday and end at 10:00 pm on Friday and Saturday. ITEM#56078 5 Application of ENTERPRISE RENT-A-CAR for a Conditional Use Permit re motor vehicle rentals at 3680 Holland Road. DISTRICT 3—ROSE HALL Council Lady McClanan distributed an additional condition (agreed to by the applicant): 7. Any free-standing sign shall be monument style, not to exceed eight(8)feet in height. The existing free-standingsign shall be removed. Council Lady McClanan extended appreciation to Stephen White for 'working with the applicant ITEM#56079 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT Agenda: L. PLANNING 1. Variance to§4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for REV BARNETT K. THOROUGHGOOD at 172 South Birdneck Road re two (2) single family homes. DISTRICT 6—BEACH 2. Applications of G&S DEVELOPMENT, L.L.C. re a bulk storage facility at 959 Virginia Beach Boulevard (approved on December 10, 2002 and modified on February 14, 2009): DISTRICT 6-BEACH a. Modification of Proffer No. 2 on a Conditional Zoning A-12 Apartment District to Conditional B-2 Business District b. Modification of Condition No. I placed on a Conditional Use Permit February 13, 2007 - 15 - A GENDA REVIEW SESION ITEM#56079(Continued) 3. Application of TRUSTEES OF TIDEWATER KOREAN BAPTIST CHURCH for a Modification of Condition Nos. I and 2 at 301 Overland Road re a new gymnasium (approved on January 13, 1998). DISTRICT 2—KEMPSVILLE 5 Application of ENTERPRISE RENT-A-CAR for a Conditional Use Permit re motor vehicle rentals at 3680 Holland Road. DISTRICT 3—ROSE HALL 6. Application of MEGAN A. HAMMOND for a Conditional Use Permit re boarding of horses and horseback riding at 1236 Princess Anne Road DISTRICT 7—PRINCESS ANNE 7. Application of CINGULAR WIRELESS for a Conditional Use Permit at 5638 Baccalaureate Drive (Campus East and Lake Edward)re installation of a wireless communications tower on an existing Dominion Power transmission tower. DISTRICT 2—KEMPSVILLE Item 5 (Enterprise)shall be REVISED,BY CONSENT, with the addition of a Condition 7. February 13,2007 - 16 - ITEM#56080 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 speck public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of Property Lynnhaven District Centerville District Princess Anne District Princess Anne District Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION(3:43 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.—5:50 P.M.) (Dinner: 5:50 P.M. —6:00 P.M.) February 13, 2007 -17 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 13, 2007 6:09 P.M. Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 13, 2007, at 6:09 P.M. Council Members Present: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Harry E. Diezel [Left after Closed Session — wife ill] INVOCATION: Vice Mayor Louis R. Jones (Reverend Dan B. Goff —had emergency) 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 apart 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 apart of the record. February 13, 2007 - 18 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM#56081 Upon motion by Councilman Dyer, seconded by Councilman DeSteph, 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, 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: Harry E. Diezel February 13, 2007 SxysNt^'Beach, 4 W1 Li.P O • 5 i 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 056080 Page 16, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVER That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. th Hodges raser, MMC City Clerk February 13, 2007 Item V -F.1. MINUTES -19 - ITEM #56082 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of February 6, 2007. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 13, 2007 - 20 - Item V-G I. ADOPT AGENDA FOR FORMAL SESSION ITEM 56083 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION February 13,2007 -21 - Item V -G.2. PRESENTATION ITEM #56084 Mayor Oberndorf recognized the following Boy Scouts in attendance to fulfill requirements for their Communications and Citizenship badges. Troop 504 Benjamin Sparks Cameron Sparks Accompanied by Mother: Davette Sparks Mayor Oberndorf presented each student with a City Seal pin from the City of Virginia Beach. February 13, 2007 -22 - Item V -H.1. PUBLIC HEARING ITEM #56085 Mayor Oberndorf DECLARED A PUBLIC HEARING: EXCESS CITY -OWNED PROPERTY to Bil-Mar Construction, Ltd. Chesapeake Shores, Lake Joyce The following registered to speak: Attorney R. J. Nutter, 222 Central Park Avenue, Phone: 687-7500, represented the applicant and the previous owners of the property, the Overfelt family. When the lots were platted originally, this particular lot was shown as having a depth of thirty-five (35) feet. There were a series of four (4) separate surveys, performed by different owners, from the 1970's to the 2000's. All of the surveys indicated the depth to be actually sixty-two (62) feet, not thirty-five (35) feet. The owners of the property entered into a contract with Bill -Mar to construct the home. The Board of Zoning Appeals granted a Variance to move this particular home closer to the right-of-way and further away from Lake Joyce. While attempting to obtain a Building Permit, the applicant was informed of a title problem and that the City held an ownership interest in anything beyond thirty-five (35) feet. The applicant will maintain a 20 foot strip around the Lake. Public Works has confirmed the necessity of continuing to maintain ownership of the 20 -foot strip around Lake Joyce between Lake Joyce and the lot. Bill -Mar would purchase the excess City- owned property at Chesapeake Shores, Lake Joyce, at a appraised value of $14, 000. Mr. Nutter advised the applicant had copies of the permits issued on this property by the City since 1989. The following registered in OPPOSITION: Steve Kohler, 4817 Lauderdale Avenue, Phone: 318-9290, President — Chesapeake Beach Civic League, general concerns have been expressed by Board Members and Zoning Committee Chairs. Precedent could be set by declaring City owned property as excess for the purposes of selling it to enlarge lots for private development. Concern was also expressed re the appearance of filling of land owned by the City. Mr. Kohler submitted several questions which were referred to the City Manager and City Attorney Bob Costello, 4909 Bradpointe Lane, Phone; 227-6728, re City granting exceptions based on hardships and whether dissatisfaction equates to a "hardship ". No one should benef t from property owners illegally filling in the public waterway on Lake Joyce. Todd Solomon, 2260 First Landing Lane, representing the Shore Drive Community Coalition, requested this item be DEFERRED for additional discussion of the varying surveys. Mr. Solomon was concerned relative establishing a precedent. Bruce Johnson, 4654 Lookout Road, Phone: 460-5447, representing the Chesapeake Beach Civic League, requested DEFERRAL. Other property owners in Bay Lake Pines have the same situation. Leslie Cornwell, 4209 Bounty Road, Phone: 363-0350, represented Bay Lake Pines and requested DEFERRAL There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING: February 13, 2007 -23 - Item 23 - Item V -H.1. PUBLIC HEARING ITEM #56085 (Continued) Deputy City Attorney Rebecca Kubin advised some of the questions posed by Steve Kohler, are not legal questions but rather policy questions. How can filling of City -owned land by adjacent land owners be considered acceptable and lead to the movement of the 20 foot strip around the lake? From a legal standpoint, fill has to be sanctioned by permit, and there is a legal process for doing that. There are a number of properties around the lake that have been filled that she believes a fact -specific investigation into each property would have to be conducted in order to know whether it had been properly done or illegally filled at the time. Deputy City Attorney Kubin really did not know the facts about this particular site. Deputy City Attorney Kubin understood it was filled quite some time ago; and currently, aerial photos are available with the ability to investigate, so this should not lead to the encouragement of illegal fill. With vigilant neighbors and the ability to look at the aerial photographs, it is possible for the City to monitor any fill. Concerning the movement of the 20 foot strip around the lake, legally, the City owns the Lake and the fee of twenty (20) feet around the Lake. This means, the City owns everything that was not platted. Deputy City Attorney Kubin believed the City owns everything lakeward of that initial platted lot. If the Lake has receded, there may be more than the twenty (20) feet initially platted. It would depend on what the Lake has done in any particular location. It does not mean a particular strip has moved, but there may be more above -ground or above - water area than there was at the time the neighborhoods were platted into lots. What effect does the movement of the 20 foot strip have on other property owners ' ability to buy additional excess land from the City that boarders certain lakes? Will it be possible for other property owners along Lake Joyce, if filling of City -owned property has occurred, or other Lakes in Virginia Beach, to buy that excess property to build new or larger homes? Will they be offered the same opportunity as Bil-Mar Construction if this type of property is considered excess? Deputy City Attorney Kubin advised this is a policy question and Council must determine in each case of excess property what they are going to do. To her knowledge, there has not been a situation where the City has sold excess property along the Lake without the physical encroachment of a house. What is to prevent other landowners from depositing fill for the purpose of enlarging a lot and for current or future lot owners to petition the City at a future date to sell that excess property at a relatively low price to build new or larger homes? In order to fill a Lake, an applicant must have the proper permits. Without them, it would be an illegal act taking place on public property. There is a series of laws which would prevent such illegal actions. What other options have been discussed for this property without setting the above precedent? There is the option of allowing the property owner to build a smaller house. It is my understanding that the site as it exists would support a house, but it would be smaller than the size that they initially intended when they purchased the lot. February 13, 2007 -24 - Item V -H.1. PUBLIC HEARING ITEM #56085 (Continued) Relative Agenda Request Form statement "Because of this illegal fill, the sale of the 687 square feet to Bil-Mar will allow the City to continue to own a twenty foot (20) strip between Lake Joyce and the lot" Charles Meyer, Chief Operating Officer, advised Jim Lawson, Public Works — Real Estate, during the Closed Session, stated the verbiage illegally placed was a strong term. Lake Joyce was under the jurisdiction of the City of Norfolk for many years prior to acquisition by the City of Virginia Beach. Fill could have been placed by permit issued by the City of Norfolk. Vice Mayor Jones DISCLOSED and ABSTAINED on the Ordinance re the sale of Excess City -owned Property at Chesapeake Shores, Lake Joyce, to Bill -Mar Construction, Ltd. Vice Mayor Jones is a member of the Board of Directors of Resource Bank and receives more than $10,000 annually in compensation as a member of the Board. Resource Bank has a loan on this property. Vice Mayor Jones disclosed this interest and ABSTAINED from discussion and will do so when the City Council votes on this item. February 13, 2007 -25 - Item 25 - Item V-11.2. PUBLIC HEARING ITEM #56086 Mayor Oberndorf DECLARED A PUBLIC HEARING: INSTALLMENT PURCHASE AGREEMENT for acquisition of Agricultural Land Preservation (ARP) Easement -1800 Pleasant Ridge Road There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. February 13, 2007 Well Item V-1. I. PUBLIC COMMENT ITEM #56087 Mayor Oberndorf WELCOMED PUBLIC COMMENT., WORKFORCE HOUSING The following registered their concerns: Robert Dean, Communications Director — Tidewater Libertarian Party, 1204 Shawn Drive, Phone: 427-6606, copy of statement is hereby made apart of the record. Mr. Dean spoke in OPPOSITION and believes local government forcing developers into building residential housing for those in lower income brackets is unfair John D. Moss, 4109 Richardson Road, Phone: 363-7745, Chairman — Virginia Beach Taxpayer Alliance. Copy of statement and Virginia Beach Taxpayer Alliance's review of the Workforce Housing Report is hereby made apart of the record. VBTA recommends the Planning Commission recommendations in the Workforce Housing Report not be adopted at this time. VBTA recommends the City Council contract with the Brookings Institute to conduct parallel assessments of "workforce " housing initiatives across the country. City Council should then engage the public in a series of workshops over a sixty day period followed by a formal City Council Public Hearing and vote February 13, 2007 -27 - Item KK RESOLUTION/ORDINANCES ITEM #56088 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, , City Council APPROVED IN ONE MOTION Ordinances/Resolution 2, 4, 5, 6a/b, 7, 8a (Alternate Ordinance), and 8b of the CONSENT AGENDA Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel Councilman DeSteph and Council Lady McClanan voted a VERBAL NAY on Item 5 (ARP — Nelson Scott Morris) Council Lady Henley DISCLOSED the applicant, Nelson Scott Morris, (Item 5) married her niece, but this is not considered a Conflict and she is able participate in the discussion and vote. Councilman DeSteph voted a VERBAL NAY on Item 8.a. (Alternate Ordinance — Virginia Aquarium) February 13, 2007 -28 - Item V.K 1. RESOLUTION/ORDINANCES ITEM #56089 Captain Patrick Lorge, Commanding Officer — NAS Oceana, Phone: 433-2922, concurred with the Amendments, expressed his complete support of the Memorandum of Understanding and advised the Navy has a good working relationship with the City. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, AS AMENDED*: Resolution to AUTHORIZE a Memorandum of Understanding (MOU) with Naval Air Station Oceana re the evaluation of discretionary development applications within the AICUZ footprint; and, AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto. * Deputy City Attorney Macali referenced two minor changes in the Memorandum of Understanding. (Summary). The verbiage "least reasonable density " has been revised to "lowest reasonable density". "The Navy is recognizing the legal principal that Council's actions den�-ing concerning an application are presumed valid in Court. " That word "denying" will be amended to "concerning". Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 13, 2007 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE ON BEHALF OF THE 3 CITY OF VIRGINIA BEACH A MEMORANDUM OF 4 UNDERSTANDING BETWEEN THE CITY OF VIRGINIA 5 BEACH AND NAVAL AIR STATION OCEANA 6 7 8 WHEREAS, in May 2005, the Virginia Beach City Council 9 adopted the Hampton Roads Joint Land Use Study (JLUS) and 10 directed the City staff to take appropriate measures to 11 implement the recommendations therein; and 12 13 WHEREAS, during the JLUS Study process, the Navy and the 14 City produced a Statement of Understanding dated March 15, 15 2005, in which, among other things, the parties agreed that the 16 City would create a new process for Navy officials to review 17 and comment earlier in the process on proposed development of 18 property located within Air Installations Compatible Use Zones 19 (AICUZ) and strengthen its working relationship with the Navy 20 and create an ongoing, open dialogue to address the Navy's 21 concerns about potential encroachment at NAS Oceana; and 22 23 WHEREAS, the City and the Navy seek to further implement 24 the goals of the Statement of Understanding set forth in the 25 JLUS by stating, in detail, their respective responsibilities 26 and expectations in the review of discretionary development 27 applications for property within the footprint of both the 28 Navy AICUZ Program and the City AICUZ Overlay Ordinance; 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 33 That the City Manager is hereby authorized and directed 34 to execute, on behalf of the City Of Virginia Beach, the 35 Memorandum of Understanding dated February 13, 2007, a summary 36 of the material terms of which is hereto attached and a copy 37 of which is on file in the City Clerk's Office. 38 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the 13th day of February , 2007. 41 CA -10269 42 V:\applications\citylawprod\cycom32\Wpdocs\D007\P001\00027833.DOC 43 February 6, 2007 44 R-1 45 46 47 48 49 APPROVED AS TO LEGAL SUFFICIENCY: 50 51 _ 52 ` 53 ` 54 City Attorney's Office PA MEMORANDUM OF UNDERSTANDING BETWEEN NAVAL AIR STATION OCEANA AND CITY OF VIRGINIA BEACH Subj: NAS OCEANA AICUZ PROGRAM 1. Purpose. This Memorandum of Understanding (MOU), dated the 13th day of February, 2007, sets forth the process and principles by which the Commanding Officer, Naval Air Station Oceana (the Navy) and the City of Virginia Beach (the City) will respond to discretionary development applications (i.e., those that require City Council approval, such as requests for rezonings and conditional use permits) for land lying within the footprint of the Navy's Air Installation Compatible Use Zone (AICUZ) Program and the City's AICUZ Overlay Ordinance. This MOU continues the dialog contemplated by the Joint Land Use Study (JLUS), which was approved by the Virginia Beach City Council in May 2005, and the March 15, 2005 Statement of Understanding between the Navy and the City. 2. Background. a. In May 2005, the Virginia Beach City Council adopted the Hampton Roads Joint Land Use Study (JLUS) and directed the City staff to take appropriate measures to implement the 1 recommendations therein. The JLUS, in which the Cities of Virginia Beach, Chesapeake and Norfolk participated with the technical assistance of the Navy, recommended, among other things, that the City establish an AICUZ Overlay District based on the 1999 AICUZ map to protect public health, safety and welfare, and prevent encroachment that would degrade military operations; and that the City implement appropriate Comprehensive Plan and related zoning ordinance changes. b. During the JLUS Study process, the Navy and the City produced a Statement of Understanding dated March 15, 2005, in which, among other things, the parties acknowledged that although OPNAV Instruction 11010.36B deems residential and certain other uses "Incompatible" in the 65-70 dB DNL Noise Zone, the City allows such uses "by right" (i.e., no further City Council approval required) in Residential and certain other zoning districts and does not restrict discretionary development applications for such uses in the 65-70 dB DNL Noise Zone based upon Navy AICUZ criteria. c. The parties also agreed in the Statement of Understanding that the City would: (1) Create a new process for Navy officials to review and comment earlier in the process on proposed development in the AICUZ; and E (2) Strengthen its working relationship with the Navy and create an ongoing, open dialogue to address the Navy's concerns about potential encroachment at NAS Oceana. d. In its report of September 8, 2005, the Base Realignment and Closure (BRAC) Commission recommended the transfer of all strike/fighter jet aircraft that constitutes the Master Jet Base from Oceana to Jacksonville, Florida (Cecil Field), unless the City satisfied certain requirements. In an effort to fully comply with the BRAC requirements, the City: (1) Adopted the APZ-1/Clear Zone Ordinance, which prohibits new incompatible development (i.e., uses designated "Incompatible" in OPNAV Instruction 11010.36B or Section 1804 of the City Zoning Ordinance) in Accident Potential Zone 1 (APZ-1) and the Clear Zone; (2) Adopted the AICUZ Overlay Ordinance, which (i) establishes an AICUZ Overlay District that is coextensive with the AICUZ map; (ii) restricts incompatible discretionary development in the 70-75 dB DNL and >75 dB DNL Noise Zones and within the portion of the Interfacility Traffic Area (consisting of a portion of the area that the Navy describes as the Transition Area) within those Noise Zones; and (iii) extends sound attenuation requirements previously applicable only to 3 residential property to commercial property located in any Noise Zone; and (3) Established the Oceana Land Use Conformity Program for properties located in APZ-1, which Program provides financial, zoning and other incentives for the acquisition of certain nonconforming properties and the conversion of pre-existing nonconforming uses to uses conforming to the Navy's AICUZ guidelines. e. As expressed by the Navy's senior leadership, NAS Oceana is the home of the East Coast Master Jet Base for the foreseeable future, provided the City controls encroachment. The aforementioned measures adopted by the City will limit future incompatible development that could have an adverse impact on the conduct of air operations at Oceana. f. In this Memorandum of Understanding, the City and the Navy seek to further implement the goals of the Statement, of Understanding set forth in the JLUS by stating, in detail, their respective responsibilities and expectations in the review of discretionary development applications for property within the footprint of both the Navy AICUZ Program and the City AICUZ Overlay Ordinance. Nothing herein shall be construed as a limitation or waiver of the Navy's rights and privileges as a 4 landowner to comment upon any City action or decision that may impact the Navy in any way. 3. Responsibilities. a. The Navy will: (1) Evaluate proposals for development and redevelopment of land covered by the Navy AICUZ Program and the City AICUZ Overlay Ordinance according to the applicable compatible land use criteria, the current Virginia Beach Comprehensive Plan and zoning ordinances, except as otherwise stated herein; (2) Consider redevelopment to the same or lower density or intensity to constitute pre-existing nonconforming uses not subject to Navy AICUZ guidelines; (3) Evaluate incompatible development in a manner consistent with the Navy's priorities and concerns, which were identified during the JLUS process and which are memorialized in the Statement of Understanding of 15 March 2005, unless a different Navy position emerges from discussions with City staff; (4) Concerning discretionary development applications governed by the AICUZ Overlay Ordinance, interpret narrowly, in accordance with legal principles that are binding upon the City, the exception in Section 1804 of the City Zoning Ordinance allowing incompatible uses where there is no reasonable use of 5 the subject property that is compatible with AICUZ Overlay Ordinance criteria and the requirement that any incompatible use approved by the City shall be at the least density or intensity that is reasonable. The Navy recognizes the presumptive validity of City Council decisions concerning discretionary development applications for incompatible uses and the prevailing case law to the effect that a City Council decision will be upheld if it is "fairly debatable"; (5) Evaluate discretionary development proposals that fall within the Resort Tourist (RT -1, RT -2, RT -3), Laskin Road Gateway Overlay or Old Beach Overlay Zoning Districts primarily to determine whether such proposals conform to the density, design criteria and other requirements of the City Zoning Ordinance provisions applicable in such Districts that were adopted by the City Council on December 20, 2005; (6) Reserve discretion to comment upon any incompatible development within the 65 to 70 dB DNL Noise Zone; (7) Appear annually before the Virginia Beach City Council to provide a summary of the status of NAS Oceana, the air operations conducted there, AICUZ-related matters and other issues of significance to the Navy and the City; (8) Acknowledge that, under Virginia and federal law, the Navy does not have the authority, and does not intend to limit 6 the City Council's discretion, to grant or deny discretionary development applications; and (9) As permitted by the constraints of national security, force protection and operational requirements, keep the City appraised of developments and proposed changes to the Navy AICUZ Program, research and studies related to aircraft and their operations at NAS Oceana, modifications to "course rules" governing sound mitigation and any significant change to Oceana's mission requirements. b. The City will: (1) Consistent with the installation commander's authority and responsibility under OPNAVINST 11011.36B and the intent of the Joint Land Use Study, direct all inquiries and discussion concerning such matters to the Commanding Officer of NAS Oceana. Should the City desire to communicate on these subjects with higher authority in the Departments of the Navy or Defense, the matter will be addressed to the Commanding Officer for first endorsement; (2) Continue to implement and adhere to the recommendations of the JLUS; (3) Apply the AICUZ Overlay Ordinance in a consistent manner, according to its terms; 7 (4) In Noise Zone 65 to 70 dB DNL, encourage compatible development to the greatest extent practicable; (5) Concerning discretionary development applications: (a) For land governed by the AICUZ Overlay Ordinance, provide the applicant with a Reasonable Use Exception Application Package, which shall be completed by the applicant and received by the Planning Department before the matter is placed on the Planning Commission agenda. Upon receipt of a completed Reasonable Use Exception Application Package, the City shall provide a copy to the Navy; (b) For land falling outside the AICUZ Overlay Ordinance, but within the Navy AICUZ Program (that is, in the 65 to 70 dB DNL sound contour), the City shall provide the applicant with a Navy AICUZ Program Advisory Notice, which shall be acknowledged in writing and returned with the application. Upon receipt of a completed Application Package containing a Navy AICUZ Program advisory notice, the City shall provide a copy to the Navy; and (6) In determining whether there exists an alternative reasonable use of the subject property that is deemed "compatible" in the AICUZ Overlay Ordinance, consider the following factors: M. (a) The economic viability of alternative uses deemed "compatible" in the AICUZ Overlay Ordinance; (b) The compatibility of land uses on adjacent and other properties in the vicinity of the subject property with alternative uses deemed "compatible" in the AICUZ Overlay Ordinance and OPNAV Instruction; (c) The treatment of other similarly situated properties, including the existence of conditions that may reasonably distinguish the proposed incompatible use; (d) The extent to which alternative uses deemed "Compatible" in the AICUZ Overlay Ordinance and OPNAV Instruction conform to applicable recommendations of the Comprehensive Plan; (e) The topography of and environmental conditions upon the property; (f) The size of the property and the extent to which a portion of the property can reasonably be developed with a compatible use; and (g) In cases when the proposed development lies within more than one sound contour, the extent to which proposed uses can be shifted to an area for which the use is deemed compatible. 9 (7) The parties may also consider such other facts or circumstances, consistent with applicable law and good zoning practice, as may be necessary or advisable in order that a full and complete evaluation is performed. 4. Communication. a. In order to ensure that full and adequate discussions between the Navy and the City take place before discretionary zoning applications within the boundaries of either the City AICUZ Overlay Ordinance or the Navy AICUZ Program are heard by the Planning Commission or City Council, the Navy and the City will follow the procedures set forth in this Section. Neither party's policies or discretion shall be superseded or limited by these procedures, which are set forth to ensure that there is a uniform process by which the parties can work toward a mutual understanding of their respective positions on discretionary development applications. b. When the City receives a completed discretionary development application for a use that is deemed "Incompatible" in either the AICUZ Overlay Ordinance or Navy OPNAV Instruction, City will provide the Navy with copies of the application and all supporting material, including, without limitation, the completed Reasonable Use Exception Application Package. Staff representatives of the Navy and the City will thereafter meet at 10 least thirty (30) days before the meeting of the Virginia Beach Planning Commission at which the application will first be considered. The application, including the Reasonable Use Exception Application Package, shall serve as the basis for discussion between the parties. The Reasonable Use Exception Application Package will be the principal document of reference in any written communication sent from the Navy to the City in which the Navy's final evaluation of the development proposal is contained. c. The primary purpose of these staff meetings shall be to determine whether there exists a reasonable use compatible with the Navy's AICUZ Program and the AICUZ Overlay Ordinance. If the parties agree that the only reasonable use is the incompatible one proposed, or some other incompatible use, the staffs shall then continue to discuss the proposal in order to determine the lowest reasonable density or intensity at which the incompatible use should be approved. d. No staff level meeting shall be required for a discretionary development or redevelopment application proposed within the Resort Tourist District (RT -1, RT -2, RT -3), Laskin Road Gateway Overlay District or Old Beach Overlay District; provided, however, the proposed use complies with City zoning 11 and design criteria. Either the Navy or the City may request a meeting concerning any such proposal. e. For those areas of the City lying within the 70 dB DNL or greater Zone, as depicted on the 2005 Joint Land Use Study AICUZ map adopted by the City in May 2005, issues and questions of "reasonable use" shall first be evaluated according to the requirements of Virginia and federal law necessary for the City to prevail in a hypothetical lawsuit arising from the development proposal. This standard shall be the principal method of analysis. However, in addition to the potential impact on Oceana, the issue of "reasonable use" may be further discussed in terms of other municipal planning and land use principles and the particular conditions and criteria unique to the proposal, even if such principals would tend toward a conclusion that an incompatible use should be recommended. Similarly, whether a proposed use is at the lowest reasonable density or intensity will be discussed and determined on a case- by-case basis. f. After initial meetings, if either party feels that further meetings should be held with respect to the application, the parties' representatives, which may include the City Manager and Commanding Officer, NAS Oceana shall meet to address issues critical to either party and assure open communications. 12 g. The City's Planning Department evaluation of discretionary development applications within the purview of this Memorandum of Understanding shall contain the applicable language from the Navy's OPNAV Instruction, the AICUZ Overlay Ordinance and, if applicable, the JLUS Study, and shall also set forth any Navy comments or recommendations with respect to the application, based upon statements or communications from or authorized by the Commanding Officer. 5. Amplifying Documents. In order to further delineate specific responsibilities, amplifying documents may be entered into by the parties. No subsequent document shall be deemed to contravene this Memorandum of Understanding, except as expressly stated therein, but any further understanding may provide such technical clarification as will ensure complete understanding of the parameters of this Memorandum of Understanding. 6. Review & Termination. This Memorandum of Understanding shall be reviewed annually and amended, as the parties may by agreement deem appropriate, to include changes to AICUZ-related provisions of the Comprehensive Plan or City Zoning Ordinances or to Navy directives. Either party may, at any time, terminate this Memorandum of Understanding by notifying the other, in writing. 13 7. Effective Date. This Memorandum of Understanding shall become effective immediately upon the signature of all parties. WITNESS THE FOLLOWING SIGNATURES AND SEALS: UNITED STATES NAVY: by: Patrick Lorge Commanding Officer NAS Oceana CITY OF VIRGINIA BEACH: James K. Spore City Manager 14 Date: Date: Appendix 1. 2004 Hampton Roads Final Joint Land Use Study (Executive Summary) 2. March 15, 2005 Statement of Understanding 3. APZ-1/Clear Zone Ordinance 4. Virginia Beach City Zoning Ordinance Section 1804 (excerpt from AICUZ Overlay Ordinance containing land use compatibility tables) 5. Reasonable Use Exception Application 15 Summary of NAS Oceana - CVB Memorandum of Understanding Purpose: 1. Sets forth a process for the City and Navy Staff to evaluate discretionary development applications (DDAs) (rezonings, CUPs, etc.) for property located within AICUZ footprint; 2. Sets forth the responsibilities of each party, including the principles under which the parties will evaluate DDAs. Background: 1. Recites history of Navy - City actions since Joint Land Use Study; 2. March 2005 Statement of Understanding: parties agreed that City would (1) create a new process for Navy officials to review and comment earlier in the process on proposed development in the AICUZ; and (2) strengthen its working relationship with the Navy and create an ongoing, open dialogue to address the Navy's concerns about potential encroachment at NAS Oceana. Navy Responsibilities: 1. Evaluate DDAs according to applicable land use criteria, Comp Plan, and CZO, except if stated otherwise in MOU; 2. Consider redevelopment to the same or lower density or intensity to not be subject to AICUZ Guidelines; 3. Evaluate incompatible development per the Navy's priorities and concerns as expressed in the Statement of Understanding 4. Interpret narrowly the "no other reasonable use" exception in the AICUZ Overlay Ordinance; 5. Evaluate DDAs within the Resort Area primarily to determine if they conform to applicable CZO requirements (density, design, etc.); 6. Reserve discretion to comment on incompatible development within 65-70 dB DNL; 7. Appear annually before City Council to provide status report on NAS Oceana, etc.; 8. Acknowledge that the Navy has no authority to (and does not intend) to limit City Council's authority over DDAs); 9. Within limits of national security, force protection and operation requirements, keep City apprised of changes to the Navy's AICUZ Program, research and studies related to aircraft, modifications to course rules and changes in Oceana's mission requirements. City Responsibilities: 1. Direct its communications to the Commanding Officer (CO) of NAS Oceana and, if City wishes to communicate with higher authority, address the matter first to the CO; 2. Continue to implement and adhere to the recommendations of the JLUS; 3. Apply the AICUZ Overlay Ordinance in a consistent manner and in accordance with its terms; 4. In 65-70 dB DNL, encourage compatible development to the greatest extent practicable; 5. On land covered by AICUZ Overlay Ordinance (>70 dB DNL), provide DDA applicants with Reasonable Use Exception Package (which requires applicant to provide certain information and state why there is no reasonable use that is compatible with AICUZ Program); On land within the 65-70 dB DNL NZ) provide applicants with Navy AICUZ Program Advisory Notice; 6. In determining whether there is an alternative use that is reasonable and compatible with AICUZ Program, consider the following factors: • economic viability of alternative uses; • compatibility of alternative uses with nearby properties • treatment of other similarly situated properties; • extent to which alternative uses conform to Comp Plan; 2 topography and environmental conditions; • size of the property and the extent to which a portion of it may be developed with an alternative use; • on properties within >1 NZ, the extent to which proposed uses can be shifted to area where they would be deemed compatible 7. The City and Navy may also consider any other facts or circumstances, consistent with good zoning practice, as may be necessary or advisable to fully evaluate the DDA. Communication: 1. Intent is to ensure that there is a uniform process by which the Navy and City can work toward a mutual understanding of their respective positions on DDAs; 2. Whenever the City receives a DDA for a use that is deemed incompatible under either the AICUZ Overlay Ordinance or the OPNAV Instruction, the City will provide the Navy with all application materials, including the completed Reasonable Use Exception Package. 3. Navy and City Staff to will meet at least 30 days before the Planning Commission meeting at which the DDA is to be heard. The main purpose of these meetings is to determine whether there is an alternative use for the property that is both reasonable and compatible. If the proposed use is the only reasonable, compatible use, then the navy and City will determine the lowest reasonable density or intensity for the use. 4. For DDAs in the Resort Area, no meeting will be required as long as the proposed use complies with CZO and applicable design criteria. 5. Additional meetings to be held on request of either party. May include the CO and City Manager. 6. Planning Department's evaluation shall contain (1) applicable language from OPNAV Instruction; (2) AICUZ Overlay Ordinance and; (3) if applicable, the JLUS. It shall also include the Navy's comments/recommendations as authorized by the CO. 3 Other: Parties may enter into amplifying documents (e.g., technical clarification); 2. MOU to be reviewed annually and amended as the parties may deem appropriate. Either party may terminate MOU at any time; 3. Effective upon both parties signing. -19 -29 - Item V.K 2. RESOLUTION/ORDINANCES ITEM #56090 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE the acquisition, by agreement, a portion of property adjacent to the Adam Thoroughgood House at 4337 Country Club Circle from Richard G. Parise; and, AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto. DISTRICT 4 - BAYSIDE Voting: 10-0 Council Members Voting Aye.- William ye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 13, 2007 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF 2.45 ACRES OF REAL 3 PROPERTY LOCATED AT 4337 COUNTRY 4 CLUB CIRCLE, VIRGINIA BEACH, 5 VIRGINIA, ADJACENT TO THE ADAM 6 THOROUGHGOOD HOUSE FOR $850,000 FROM 7 RICHARD G. PARISE 8 9 10 WHEREAS, Richard G. Parise ("Parise") owns a parcel of real 11 estate located at 4337 Country Club Circle, in the City of Virginia 12 Beach, Virginia (the "Property"); 13 14 WHEREAS, Parise desires to sell the Property to the City of 15 Virginia Beach (the "City"); 16 17 WHEREAS, because of its proximity to the Adam Thoroughgood 18 property, the City's Open Space Subcommittee has identified the 19 Property as a parcel to be considered for acquisition as part of 20 the City's open space initiative, and has recommended that the 21 Property be acquired for such purposes; 22 23 WHEREAS, the City Council of the City of Virginia Beach, 24 Virginia (the "City Council") is of the opinion that the 25 acquisition of the Property would further the City's open space 26 initiative; 27 28 WHEREAS, funding for this acquisition is available in the Open 29 Space Acquisition CIP account (CIP 4-004). 30 31 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 32 BEACH, VIRGINIA: 33 34 1. That the City Council authorizes the acquisition of the 35 Property by purchase pursuant to § 15.2-1800 of the Code of 36 Virginia (1950), as amended, which Property is shown on Exhibit A 37 and a Summary of Terms is shown on Exhibit B, each attached hereto. 38 39 2. That the City Manager or his designee is further 40 authorized to execute all documents that may be necessary or 41 appropriate in connection with the purchase of the Property, so 42 long as such documents are in accordance with the Summary of Terms 43 attached hereto and acceptable to the City Manager and the City 44 Attorney. 45 Adopted by the Council of the City of Virginia Beach, 46 Virginia, on the 13th day of February , 2007. CA -10170 V: \applications\citylawprod\cycom32\ W pdocs\DO08\PO04\00026029. DOC R-1 February 5, 2007 APPROVED AS TO CONTENT: Public Works/Real Estate APPROVED AS TO CONTENT: Parkscreatio APPROVED AS TO LEGAL' SUFFICIENCY:. City Attorney's Office SUMMARY OF TERMS AGREEMENT FOR THE SALE OF APPROXIMATELY 2.45 ACRES OF PROPERTY LOCATED AT 4337 COUNTRY CLUB CIRCLE, VIRGINIA BEACH, VIRGINIA OWNER: Richard G. Parise BUYER: City of Virginia Beach SALE PRICE: $850,000 at Settlement by check. SETTLEMENT DATE: On or before thirty (30) days after Agreement of Sale is fully executed. SPECIAL TERMS AND CONDITIONS: • Property must be conveyed free and clear of all leases, tenancies and right of possession of any and all parties other than the City. • Buyer shall prepare Deed conveying title to the Property to City and pay all expenses of preparation of the Deed, the grantor's tax and its own attorney's fees and costs. • City shall bear all other costs of closing. V: \applications'citylawprod,.cycom32\ Wpdocs\D008\P004,00026030. DOC EXHIBIT B SUMMARY OF TERMS AGREEMENT FOR THE SALE OF APPROXIMATELY 2.45 ACRES OF PROPERTY LOCATED AT 4337 COUNTRY CLUB CIRCLE, VIRGINIA BEACH, VIRGINIA OWNER: Richard G. Parise BUYER: City of Virginia Beach SALE PRICE: $850,000 at Settlement by check. SETTLEMENT DATE: On or before thirty (30) days after Agreement of Sale is fully executed. SPECIAL TERMS AND CONDITIONS: • Property must be conveyed free and clear of all leases, tenancies and right of possession of any and all parties other than the City. • Seller shall prepare Deed conveying title to the Property to City and pay all expenses of preparation of the Deed, the grantor's tax and its own attorney's fees and costs. • City shall bear all other costs of closing. V:\applications\citylawprod\cycom32\W pdocs\D008\P004\00026030. DOC q �a 0igp 00 0 o3 O 0 �y cz m(zcz cA 9� bzog a8— a !2 o p s O z O-cyO Z E 0 m 3� ,^„80 p yz 'p6p z p m ,� � m1 Oq in e� N� z n a z oN ° o0 o z 0, x z h i 6 z o s •^^ mg o� 2 z�o� mz oo �x �NWi = U Rn �FPARlSFROAD Z io^ (M.8.39 G•1A z TINc f0)pz� c�tS^ - Z a �z m g a o 8 �o z < `c 8 z_ut C8 O A O Z S g O y� ' g v N "� z n c zoc � u�r c '1 LNi w 2 \ Hpi m Z o p •yr mo N O O �l y jz > ' v? m y tia m D� mz �� Oo 09 6 S _ rz F a 'p mm MA�gaS 3 x 7 2 ■� zo • O Z x z S Z ,,ri •t �, �,F O z 2= a o o s��c �y _,,:�, z m E A A mzr` ! ; m ��Z mo�5 in m l m I Eat ± r mm i mmA oSO k% CR p u5110 ,�\\ N� �mF•Fll1 O �/I �92 D ,\ \ lAi1 v �/• 1 ti 2 C a \\\ $ 72 En' \ as N +:y r +• g p n n \ n- m di 16D \ �'m Au /v \\ m•w ?m 3r) _ s,\•\? 1� •tel 1 �p0 a m mO c w�a'a'c . a �2 � i% � i 1 n .'N' R• AO S Z •W.,A 4. 0 i 0 �\ \ C0 Fn n p w2 •\\ eti, i % cl n i � z p es o s —MHW loll: z S z o � m .a LYNNHAVEN RIVER g ^'• F ^'Mpy4�1 FLOOD $x /r •! 4 �pc sO o O pN �i EBB 0. VNVLIHN VA. PUW E mOR[111�R MiEM, � �� > O�7yO� w; SOUM ZONF,NAU.19B393 WAIW) 0s • � - \ �� C NUPDINATE VNLES UP FSSFO W US. SURVEY FOOT H • Y1R� VIN �� O IoI ADAM ,THOROUGHGOOD f X HOUSE OFFICE U � P98CEL 0 ADAM THOR�HGOOD ° HO E MAIN PARCEL COUNTRY CLUB CIR.f ❑ o / BAYVILLE CREEK TO LYNNHAVEN RIVER \ o LOCATION MAP SHOWING - RICHARD G. PARISE GPIN #1489-13-1417 SCALE: 1" 200' COUNTRY CLUB.DGN PREPARED BY PAV ENG. DRAFT. II It\IF � �nnc Exhibit A -30 - Item VK 3. RESOLUTION/ORDINANCES ITEM #56091 Upon motion by Council Lady Wilson, seconded by Councilman DeSteph, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to EXECUTE documents re sale of EXCESS CITY -OWNED PROPERTY at Chesapeake Shores, Lake Joyce to Bil-Mar Construction, Ltd., for the construction of a three-story dwelling. DISTRICT 4 - BAYSIDE Council Lady Wilson expressed concern relative the `poorly" composed Agenda Request and the use of the word "illegal". Voting: 7-2 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan and Mayor Meyera E. Oberndorf Council Members Abstaining: Vice Mayor Louis R. Jones Council Members Absent: Harry E. Diezel Vice Mayor Jones DISCLOSED and ABSTAINED on the Ordinance re the sale of Excess City -owned Property at Chesapeake Shores, Lake Joyce to Bill -Mar Construction, Ltd. Vice Mayor Jones is a member of the Board of Directors of Resource Bank and receives more than $10,000 annually in compensation as a member of the Board. Resource Bank has a loan on this property. Vice Mayor Jones disclosed this interest and ABSTAINED from discussion and vote on this item. February 13, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 AN ORDINANCE DECLARING CERTAIN PROPERTY LOCATED ADJACENT TO THE REAR OF LOT 8, BLOCK 5, CHESAPEAKE SHORES AND BEING A PORTION OF THE 20' STRIP AROUND LAKE JOYCE EXCESS OF THE CITY'S NEEDS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT OF SALE AND CONVEY SAME TO BIL -MAR CONSTR., LTD. WHEREAS, the City of Virginia Beach acquired ownership of Lake Joyce and the 20' strip around Lake Joyce from the City of Norfolk by Deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1018, nage 154. WHEREAS, the City of Norfolk released the reverter and restrictions contained in Deed Book 1018, page 154 by that Release of Reverter and Use Restriction recorded in Deed Book 4667, page 1642 in the aforesaid Clerk's Office; and WHEREAS, the City Council is of the opinion that the property identified as 112A" and 112B" (the "Property") on the attached Exhibit "A" entitled "EXHIBIT PLAT SHOWING PROPERTY TO BE ACQUIRED FROM THE CITY OF VIRGINIA BEACH, VIRGINIA LOT 8, BLOCK 5 AMENDED MAP OF CHESAPEAKE SHORES (M.13.8, P.82)" is in excess of the needs of the City of Virginia Beach. WHEREAS, Bil-Mar Constr., Ltd., a Virginia corporation ("Bil-Mar"),has proposed to purchase the Property from the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the Property is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to execute the Agreement of Sale and any necessary documents to effectuate the sale of the Property to Bil-Mar Constr., Ltd., a Virginia corporation; THAT the Property and Bil-Mar's adjacent property shall be resubdivided at Bil-Mar's expense to eliminate interior lot lines for the Property and Bil-Mar's adjacent property; THAT the Property shall be conveyed in accordance with the attached Summary of Terms marked as Exhibit "B", and such other terms, conditions or modifications as may be satisfactory to the City Attorney. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of February 1 2007. CA -10175 X:\OID\REAL ESTATE\Excess\Bil-Mar Constr\Revised Ordinance Excess Property.doc V:\app] ications\citylawprod\cycom32\Wpdocs\D006\P00 t \00027753. DOC R-1 PREPARED: 1/30/07 APPROVED AS TO CONTENT QLfm £S C . 6�.-M1 Public Works, Real Estate APPROVED AS TO LEGAL SUFFICIENCY k& J City Attorney "EXHIBIT A" a z w �NV V LLJ }} a W m L.L O O O N Q to ci it v)S� Q QY Ya00 >�i 1.V moi! m s i ® o m ��O Tim Ua p I O� my 0 8 It w F O -j m C) as U w At 3 Hi O ¢ ® xo m�04 �z ��°° mNw�� N Q o Y o� WC�� _j Z Ilcn Torn � v 0 �= o z w r, m o m amL1. va o0 o z O Q o > J Q n� w r` mu) o = O z w N o x o mC) m 0 ? a N U U a. a Z ri o O xx F- p W N J J pK O Voi F- z Z N VI O w(OA n n o_ O ,one Sl ,32 y1�a 71'a _�' T £ Q .(� � �Q�2 UW 1-\C Nps II C4 YII N z R� I II ='N oaoo Q 4' �i .4S'9i �la$3 n WS p� H 1� (ry I boa � O I N i, 145 I W r I �N w!!3 �W O W *80.00' \ � 51T1125 E " X71 � o � �Sl'r17'25'E z Gjl ► jj ci a� o I o 7.00' L� Eu^ z w to H zaaw ONo W o N o O W S z d � Oii�I Cln�Q� 8WN 000 h 2 N �{mn� ly C� ci `ry' 11 I CXWWa pp�ed p m a#� nnn i 1 000 U "EXHIBIT B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT LAKE JOYCE SELLER: City of Virginia Beach PURCHASER: Bil-Mar Constr., Ltd., a Virginia corporation PROPERTY: 687 square feet of property located within a portion of the 20' strip of property adjacent to Lake Joyce and adjacent to the rear of Lot 8, Block 5, Chesapeake Shores. LEGAL DESCRIPTION: All those certain lots, tract or parcels of land, together with any improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and designated and described as "2A" and "213" and consisting of a total of 687 square feet as shown on that certain plat entitled: "EXHIBIT PLAT SHOWING PROPERTY TO BE ACQUIRED FROM THE CITY OF VIRGINIA BEACH, VIRGINIA LOT 8, BLOCK 5 AMENDED MAP OF CHESAPEAKE SHORES (M.B.8, P.82)", dated May 1, 2006 and revised through January 22, 2007, Scale: 1" = 20', prepared by The Spectra Group. SALE PRICE: FOURTEEN THOUSAND DOLLARS ($14,000.00), fair market value CONDITIONS OF SALE • The Purchaser shall, at the Purchaser's expense, resubdivide the property and vacate internal lot lines to incorporate the 687 square feet into Lot 8, Block 5, Chesapeake Shores. • The Purchaser shall submit a site plan for review and approval by the Planning Department prior to any construction. • The Purchaser shall adhere to all zoning ordinances. • The Purchaser shall provide a physical survey. V:\appl ication�cityl awprodcycom32W pdocs\D006\P001\0002775 7.DOC -31 - Item VK 4. RESOLUTION/ORDINANCES ITEM #56092 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE the acquisition in fee simple, by agreement or condemnation, of property on Oceana Boulevard adjacent to Whitehurst Lake for the Southeastern Parkway/Greenbelt; and, AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto. DISTRICT 6 — BEACH Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 13, 2007 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY ON OCEANA 3 BOULEVARD (GPIN 2417-20-1699), IN 4 FEE SIMPLE FOR SOUTHEASTERN 5 PARKWAY/GREENBELT PROJECT (CIP 2- 6 089), EITHER BY AGREEMENT OR 7 CONDEMNATION 8 9 10 WHEREAS, in the opinion of the Council of the City of Virginia 11 Beach, Virginia, a public necessity exists for the construction of 12 this important roadway project to reduce traffic congestion and 13 improve transportation within the City, for the construction of a 14 dredged material disposal site, and for other related public 15 purposes for the preservation of the safety, health, peace, good 16 order, comfort, convenience, and for the welfare of the people in 17 the City of Virginia Beach. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 Section 1. That the City Council authorizes the acquisition 21 by purchase or condemnation pursuant to Sections 15.2-1901, et 22 sec., Sections 33.1-89, et sec., and Title 25.1 of the Code of 23 Virginia of 1950, as amended, of property in fee simple known as 24 GPIN 2417-20-1699 (the `Property"), and also described as: 25 2417-20-1699 26 27 All that certain lot, tract or parcel of land 28 together with the improvements thereon, 29 situate, lying and being in the City of 30 Virginia Beach, Virginia, designated and 31 described as shown as "PROPERTY OF MYRTLE G. 32 WHITEHURST (D.B. 2921, PG. 1334) GPIN: 2417- 33 20-1699" also collectively shown as "AREA 1" 34 and "AREA 2" as shown on that certain plat 35 entitled: "PLAT SHOWING PROPERTY TO BE 36 ACQUIRED FROM MYRTLE G. WHITEHURST BY THE THE 37 [SIC] CITY OF VIRGINIA BEACH, VIRGINIA FOR 38 SOUTHEASTERN PARKWAY & GREENBELT VIRGINIA 39 BEACH, VIRGINIA", dated January 23, 2007, 40 Scale: 1" = 100', prepared by Patton Harris 41 Rust & Associates, Inc., to which reference is 42 made for a more particular description. 43 44 45 Section 2. That the City Manager is hereby authorized to make 46 or cause to be made on behalf of the City of Virginia Beach, to the 47 extent that funds are available, a reasonable offer to the owners 48 or persons having an interest in said Property. If refused, or if 49 the owner is unable to convey clear title to the Property, the City 50 Attorney is hereby authorized to institute proceedings to condemn 51 said Property. 52 Adopted by the Council of the City of Virginia Beach, 53 Virginia, on the 13th day of February , 2007. CA10172 V:\applications\citylawprod\cycom32\Wpdocs\D023\P001\00026709.DOC R-1 February 5, 2007 APPROVED AS TO CONTENT IA. UBLIC WORKS/REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY tt 'E f 5 d DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH, VIRGINIA 23460-2191 ,�f�STATES Uf PN'�p Mr. S. Van Essendelft, P.E. City of Virginia Beach Office of Beach Management Municipal Center, Building 2, Room 340 2405 Courthouse Drive Virginia Beach, VA 23456-9031 Dear Mr. Van Essendelft: IN REPLY REFER T0: 5726 Ser 33/577 September 28, 2005 Thank you for the opportunity to review your letter dated August 16, 2005, concerning the city's proposed use of property along Oceana Boulevard adjacent to the northeast border of the base. A Real Estate Contracting Officer at Naval Facilities Engineering Command, Mid -Atlantic has completed a thorough review of the proposed request. I have reviewed and support the attached copy of the Review and Findings which has determined the proposed use of the property as a dredge material placement site to be in compliance with the terms and conditions of the restrictive easement, as long as, the facility does not exceed the 172 feet above mean sea level height restriction. Be aware that our determination is based on representations of the use of the property. Any change in use from that represented will render this determination void. Please be advised that the Navy will periodically conduct random reviews, in the field, of the properties encumbered by covenants and restrictions to ensure that the interests of the United States are protected. If you have any questions, please contact Mrs. Patty Hankins, at 444-3346, ext. 316. Sincerely and very respectfully, � J T. K-' EY Cap in, U. S. Navy i anding Officer Enclosure: Real Estate Contra- :g Of icer's Review And Findings Copy to: COMNAVREG MIDLANNT NAVFAC MIDLANT (Codes ARE 73, 82 and RES) EI -00348/0352/0544 12 September 2005 REAL ESTATE CONTRACTING OFFICER'S REVIEW AND FINDINGS Request Received: City of Virginia Beach, Office of Beach Management ltr dated 16 August 2005 Proposed Proji City's proposed expansion of an existing disposal area along Oceana Boulevard Backaround: The City of Virginia Beach is in the preliminary stage of considering the expansion of an existing disposal area located along Oceana Boulevard adjacent to the northeast border of NAS Oceana. City Proposes use of the lake area to the north as a dredge material placement site. The City provided GPIN numbers (GPIN: 2417-22-6139, GPIN: 2417-20- 3952, GPIN: 2417-20-1699 and GPIN: 2417-22-3629) for the proposed projects and requested Navy confirm the existence of restrictive use easements and determine whether or not the potential use as a dredge material disposal site would be allowed for those parcels. Review o£ Ren _r; _}_;��o r� d,,,,, (sem Review of Navy records identify the proposed site considered .for development to be Parcels 460/A, 461 and 475. The United States acquired certain rights over Parcel 460/A. by Grant of Easement.dated 31 August 1982 and is recorded in Deed Book 2216, Page 1392, in the Clerk's Office of the Circuit Court of the City of Virginia Beach. The United States acquired certain rights over Parcel 461 by Grant of Easement dated 22 September 1982 and is recorded in Deed Book 2218, Page 1559, in the Clerk's Office of the Circuit Court of the City of Virginia Beach. The United States acquired certain rights over Parcel 475 by Declaration of Taking filed 18 October 1983 and is recorded in Deed Book 2303, Page 1009, in the Clerk's Office of the Circuit Court of the City of Virginia Beach. Review.of the aforementioned easements and Declaration of Taking confirms the wording is the same for the prohibited andpermitteduses in all three documents. Also, all three documents contain height restrictions that restricts and prohibits .the owner from erecting, constructing, growing, installing; creating or continuing, whether pubic or private, any structure, building, antenna, tower, wire, tree, or other obstruction, whatever its nature, extending more than 172 feet above mean sea level on the properties. Based on the description provided by the City Development Review, and review of the easements and Declaration of Taking, it is noted that a dredge material placement site is not identified in the list of prohibited uses. While it is not specifically identified in the allowed uses it appears to similar to ,mases identified Paragraph 4.n, 1 EI -0.0348/0352/0544 12 September 2005 which allows "...bulk storage yards... including, without limitation, the delivery of merchandise by truck, van, ship; railroad, or any .combination thereof, except as prohibited herein'. Since a dredge material disposal site is not prohibited, it is therefore allowed. Conclusion& Based on the proposed use of the City, identified by Mr. S. Van Essendelft, and the rights acquired by the United States in the above-described easements and Declaration. of Taking, the proposed use of the parcels for a dredge material placement site is found to be in compliance and therefore allowed, as long as, the building does not exceed the height restrictions in the Declaration of Taking. MATTHEW D. KURT Real Estate Contracting Officer 2 Surveys & Engineering, Ltd. Phone (757) 490-1691 1348 March 27, 2006 Stephen Van Essendelft, P.E. Office of Beach Management Department of Public Works 2405 Courthouse Drive Virginia Beach, VA 23456 321 Cleveland Place, Virginia Beach, VA 23462 Re: Proposed Future Use of Whitehurst Lake in Virginia Beach, Virginia Dear Mr. Van Essendelft, Fax (757) 490 - The reclamation of Whitehurst Lake appears to be an extremely beneficial and cost effective solution to the disposal of dredged materials. Disposal options are often extremely limited and directly impact the design and cost of most dredging projects. The potential for Whitehurst Lake as a long term dredged material management facility would be a major asset to the City of Virginia Beach. Because the City is not yet prepared to make a complete application, it is difficult to determine the exact regulatory authority and permitting requirements for the use of Lake Whitehurst as a dredged material disposal site. However, based on general research and our experience in working with dredging and disposal projects, it is of our opinion that this endeavor will be permitted through the various regulatory agencies and will help solve many of the municipal disposal issues. In fact, several discussions have ensued to suggest that the regulatory agencies are interested in the selection of a site for long-term disposal of dredged material. Once the permits have been issued for the reclamation of Whitehurst Lake, then this could in fact help to expedite permitting the dredging of municipal storm water facilities and possibly navigation channels. The permitting time frame may be lengthy and will probably require at the minimum a wetland delineation, closure plan and mitigation for impacts to fringe wetlands. These are routine environmental procedures and once accomplished the benefits will be immediately realized. If you have any other questions regarding the potential future use of Whitehurst Lake, please do not hesitate to contact Waterway Surveys & Engineering, Ltd. Sincerely, i� Rebecca S. Francese, REM Sr. Environmental Scientist -32 - Item V.K.5. RESOLUTION/ORDINANCES ITEM #56093 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to EXECUTE an Installment Purchase Agreement with Nelson Scott Morris re an Agricultural Lands Preservation Easement (ARP) at 1800 Pleasant Ridge Road. DISTRICT 7 - PRINCESS ANNE Voting: 8-2 (By Consent) Council Members Voting Aye.- Robert ye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill " DeSteph and Reba S. McClanan Council Members Absent: Harry E. Diezel Council Lady Henley DISCLOSED the applicant, Nelson Scott Morris, (Item 5) married her niece, but this is not considered a Conflict and she is able participate in the discussion and vote. February 13, 2007 1 2 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 3 AGRICULTURAL LAND PRESERVATION EASEMENT OVER 4 PROPERTY IDENTIFIED AS GPINS 2412-31-8710 AND 5 2412-41-4277 AND THE ISSUANCE BY THE CITY OF 6 ITS CONTRACT OBLIGATIONS IN THE MAXIMUM 7 PRINCIPAL AMOUNT OF $632,145 (PROPERTY OF 8 NELSON SCOTT MORRIS) 9 WHEREAS, pursuant to the Agricultural Lands Preservation 10 Ordinance (the "Ordinance"), Appendix J of the Code of the City of 11 Virginia Beach, there has been presented to the City Council a 12 request for approval of an Installment Purchase Agreement (the form 13 and standard provisions of which have been previously approved by 14 the City Council, a summary of the material terms of which is 15 hereto attached, and a true copy of which is on file in the City 16 Attorney's Office) for the acquisition of the Development Rights as 17 defined in the Installment Purchase Agreement) on certain property 18 located in the City identified as GPINs 2412-31-8710 and 2412-41- 19 4277 and more fully described in Exhibit B of the Installment 20 Purchase Agreement for a purchase price of $632,145; and 21 WHEREAS, the aforesaid Development Rights shall be acquired 22 through the acquisition of a perpetual agricultural land 23 preservation easement, as defined in, and in compliance with, the 24 requirements of the Ordinance; and 25 WHEREAS, the City Council has reviewed the proposed terms and 26 conditions of the purchase as evidenced by the Installment Purchase 27 Agreement; 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 1. The City Council hereby determines and finds that the 31 proposed terms and conditions of the purchase of the Development 32 Rights pursuant to the Installment Purchase Agreement, including 33 the purchase price and manner of payment, are fair and reasonable 34 and in furtherance of the purposes of the Ordinance, and the City 35 Manager or his designee is hereby authorized to approve, upon or 36 before the execution and delivery of the Installment Purchase 37 Agreement, the rate of interest to accrue on the unpaid principal 38 balance of the purchase price set forth hereinabove as the greater 39 of 3.9400% per annum or the per annum rate which is equal to the 40 yield on United States Treasury STRIPS purchased by the City to 41 fund such unpaid principal balance; provided, however, that such 42 rate of interest shall not exceed 5.9400% unless the approval of 43 the City Council by resolution duly adopted is first obtained. 44 2. The City Council hereby further determines that funding 45 is available for the acquisition of the Development Rights pursuant 46 to the Installment Purchase Agreement on the terms and conditions 47 set forth therein. 48 3. The City Council hereby expressly approves the 49 Installment Purchase Agreement and, subject to the determination of 2 50 the City Attorney that there are no defects in title to the 51 property or other restrictions or encumbrances thereon which may, 52 in the opinion of the City Attorney, adversely affect the City's 53 interests, authorizes the City Manager or his designee to execute 54 and deliver the Installment Purchase Agreement in substantially the 55 same form and substance as approved hereby with such minor 56 modifications, insertions, completions or omissions which do not 57 materially alter the purchase price or manner of payment, as the 58 City Manager or his designee shall approve. The City Council 59 further directs the City Clerk to affix the seal of the City to, 60 and attest same on, the Installment Purchase Agreement. The City 61 Council expressly authorizes the incurrence of the indebtedness 62 represented by the issuance and delivery of the Installment 63 Purchase Agreement. 64 4. The City Council hereby elects to issue the indebtedness 65 under the Charter of the City rather than pursuant to the Public 66 Finance Act of 1991 and hereby constitutes the indebtedness a 67 contractual obligation bearing the full faith and credit of the 68 City. 69 Adoption requires an affirmative vote of a majority of all 70 members of the City Council. 3 71 Adopted by the Council of the City of Virginia Beach, 72 Virginia, on this 13th day of February , 2007. CA -10171 V:\applications\citylawprod\cycom32\Wpdocs\D019\P001\00026607.DOC R-1 DATE: 1/25/07 APPROVED AS TO CONTENT: i Agricu ture'Departm nt CERTIFIED AS TO AVAILABILITY OF FUNDS: C� Director of Finance APPROVED AS TO LEGAL SUFFICIENCY: w � at� City Atto ey's Office 0 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2006-78 SUMMARY OF MATERIAL TERMS SELLER: Nelson Scott Morris PROPERTY LOCATION: 1800 Pleasant Ridge Road, Princess Anne District PURCHASE PRICE: $632,145. EASEMENT AREA: 68.34 acres, more or less DEVELOPMENT POTENTIAL: 6 single-family dwelling sites (5 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.9400% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 5.9400% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. L - L 1`P CX a N L -33 - Item V.K. 6. a. RESOLUTION/ORDINANCES ITEM #56094 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments into portions of City property: WILLIAM R. and KAREN P. SCHONAUER at 2 Caribbean Avenue re the reconstruction and maintenance of the existing pier, float, ramp, riprap and mooring pile DISTRICT 6 — BEACH The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. The applicant must obtain a permit from the Planning Department prior to commencing any construction. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500, 000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. February 13, 2007 -34 - Item VK. 6. a. RESOLUTION/ORDINANCES ITEM#56094 (Continued) 8. The temporary encroachment must conform to the minimum setback requirements, as established by the City. 9. The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a registered professional engineer or a licensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered professional engineer, if required by the City Engineer's Office or the Engineering Division of the Public Utilities Department. 10. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 10-0 (By Consent) Council Members Voting Aye.- William ye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 13, 2007 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 CITY PROPERTY KNOWN AS LAKE 6 RUDEE LOCATED AT THE REAR OF 7 2 CARIBBEAN AVENUE, FOR THE 8 PROPERTY OWNERS, WILLIAM R. 9 AND KAREN P. SCHONAUER 10 11 WHEREAS, William R. Schonauer and Karen P. Schonauer desire 12 to construct and maintain a pier, float, ramp, riprap, and 13 mooring pile upon City property known as Lake Rudee located at 14 the rear of 2 Caribbean Avenue, Virginia Beach, Virginia. 15 WHEREAS, City Council is authorized pursuant to §§ 15.2- 16 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 17 authorize temporary encroachments upon City property subject to 18 such terms and conditions as Council may prescribe. 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof 22 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 23 as amended, William R. Schonauer and Karen P. Schonauer, their 24 heirs, assigns and successors in title are authorized to 25 construct and maintain temporary encroachments for a pier, 26 float, ramp, riprap, and mooring pile on City property known as 27 Lake Rudee as shown on the map marked Exhibit "A" and entitled: 28 "REAL ESTATE ENCROACHMENT REQUEST FOR: WILLIAM R. AND KAREN P. 29 SCHONAUER GPIN: 2427-00-1851 LOT E, SHADOW LAWN HEIGHTS (INST. 30 200212233084516) BEACH DISTRICT DATE: DEC. 3, 2006," a copy of 31 which is on file in the Department of Public Works and to which 32 reference is made for a more particular description; and 33 BE IT FURTHER ORDAINED, that the temporary encroachments 34 are expressly subject to those terms, conditions and criteria 35 contained in the Agreement between the City of Virginia Beach 36 and William R. Schonauer and Karen P. Schonauer (the 37 "Agreement"), which is attached hereto and incorporated by 38 reference; and 39 BE IT FURTHER ORDAINED, that the City Manager or his 40 authorized designee is hereby authorized to execute the 41 Agreement; and 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 43 effect until such time as William R. Schonauer and Karen P. 44 Schonauer and the City Manager or his authorized designee 45 execute the Agreement. 46 Adopted by the Council of the City of Virginia Beach, 47 Virginia, on the 13th day of FP r nary 2007. CA -10167 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA 10167 Schonauer.doc V:\applications\citylawprod\cycom32\Wpdocs\D025\P001\00026928.DOC R-1 PREPARED: 1/25/07 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL G �- U LIC WORKS, REAL ESTATE S FICIEN Y AND F,QRM J'TY� ATTORN PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) A g �, THIS AGREEMENT, made this + day of 2007, by and �a between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and WILLIAM R. SCHONAUER, and KAREN P. SCHONAUER, and THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot E", Shadow Lawn Heights Subdivision, as shown on that certain plat entitled: "RESUBDIVISION OF PROPERTY LOTS 1 THRU 5 — BLOCK 53 MAP OF SHADOW LAWN HEIGHTS" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 200211223068923, and being further designated, known, and described as 2 Caribbean Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a pier, float, ramp, riprap, and mooring pile, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Rudee, the "Encroachment Area"; and GPIN (CITY PROPERTY — NO GPIN) 2427-00-1851 WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain plat entitled: "REAL ESTATE ENCROCHMENT REQUEST FOR: WILLIAM R. and KAREN P. SCHONAUER GPIN: 2427-00-1851 LOT E, SHADOW LAWN HEIGHTS (INST. #: 200212233084516) BEACH DISTRICT DATE: DEC. 3, 2006," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The 2 Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of k, the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, William R. Schonauer and Karen P. Schonauer, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the F51 City of Virginia Beach has caused this Agreement to be executed in their names and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk William R. Sc onauer `41 Karen P. Schotiauer STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2007, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: 5 Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2007, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF �, �� CITY/COUNTY OF i` � i �C.1CU , to -wit: The foregoing instrument was acknowledged before me this -� day of 1 , 2007, by William R. Schonauer. � /7" otary Public My Commission Expires: .. ! 1.�.�' STATE OF CITY/COUNTY OF t\ 6i,cCc: , to -wit: The foregoing instrument was acknowledged before me this 6h day of X11 �aC , 2007, by Karen P. Schonauer. Notary Public My Commission Expires: Ce APPROVED AS TO CONTENTS Y � SI NATURE �Lo c � DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM X:\Projects\Encroachinents\Applicants\Schonauer, William & Karen - KMJ\Agreement.doc EXHIFDTT "A" CHANNEL LINES AND POINTS WITHIN THIS DRAWING WERE ROTATED/TRANSLATED FROM THE ORIGINAL NAD27 U.S. SURVEY FOOT ORIENTATION TO NAD83 INT. FT. HOLDING PT.351 (0+00) AND ROTATING AND STRETCHING TO FIT TO PT.358 (41+00). COORDINATED WERE TRANSLATED VIA CORPSCON v5.11.08, RESULTING INTERMEDIATE STATIONS COORDS CHECK WITHIN 0.001' WHEN COMPARED WITH CORPSCON CONVERTED VALUES W �y 3 tr A CARIBBEAN . FG9.20 AVENUE (50') 9�6 FG9.00 h 2 05 6 FG8.2 FG8.30 IPF AT I I k FL 7.3 IPF FL7, N 13"54'11" W 95.40' 75.43' 160' TO CLOSE AVE. / �~ PROPOSED �3 1 PIER �o X 12' ` 1D DELMAS JAMES � LOT E PROPOSED RAMP 28' z.as'Lo iv o2.86' o •.ro� �J9� hh 19' 3 Ira,a GrP 2-0' �O LJ O Lu rl Lu �• X ♦ rygPV�'OO ��\O, O y' ii,�vG�y lxry O 2 h LOT F GFF�y Q�� PROPOSED MOORING may. PILE CQQI f J J IPF W X ' Q o �O hh U Z hti s2s�j P RIPRAP D CITY OF VIRGINIA �, ,6 Z BEACH W 1- sr,, 4 o / 5 REAR PROPERTY LINE TABLE � / N/F 1 1 30.00' N 85'37'16" W (Y FREDERICK R. / LEVITI� 2 30.00' N 72'05'47" W 1 APO 2 1 3 29.65' N 67'32'33" W 3 / 4 24.83' N 58'45'11" W � 5 7.03' N 41'09'05" W o // PLAN V IE► I SCALE 1" = 25' WATERFRONT REAL ESTATE ENCROACHMENT REQUEST CONSULTING, INC FOR: WILLIAM R. and KAREN P. SCHONAUER 1112 JENSEN DRIVE, STE. 206 GPIN: 2427-00-1851 VIRGINIA BEACH, VA 23451 PH: (757) 425-8244 FAX: (757) 216-6687 LOT E, SHADOW LAWN HEIGHTS ENGINEERING SERVICES PROVIDED BY: (INST. #: 200212233084516) BEACH DISTRICT PCC, LLC (757) 773-8084 SHEET 1 OF 1 DATE: DEC. 3, 2006 X m ID m N N U .2 N U) C O Q CL 7 m C W_ or C >W_ a a v d m CL a> CL -35 - Item V. K 6. b. RESOLUTION/ORDINANCES ITEM #56095 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments into portions of City property: CARL D. and LORI A. PETERSON at 2021 Falling Sun Lane, Red Mill Farms, re removal and reinstallation of an existing fence, maintenance of an existing shed and construction and maintenance of riprap revetment DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. The applicant must obtain a permit from the Planning Department prior to commencing any construction. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500, 000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. February 13, 2007 -36 - Item VX 6. b. RESOLUTION/ORDINANCES ITEM #56095 (Continued) 8. The temporary encroachment must conform to the minimum setback requirements, as established by the City. 9. The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a registered professional engineer or a licensed land surveyor and/or "as built"plans of the temporary encroachment, sealed by a registered professional engineer, if required by the City Engineer's Office or the Engineering Division of the Public Utilities Department. 10. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 10-0 (By Consent) Council Members Voting Aye.- William ye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 13, 2007 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY IN 6 RED MILL FARM SUBDIVISION 7 KNOWN AS THE 100' DRAINAGE 8 RIGHT OF WAY LOCATED AT THE 9 REAR OF 2021 FALLING SUN LANE 10 FOR THE PROPERTY OWNERS CARL 11 D. PETERSON AND LORI A. 12 PETERSON 13 14 WHEREAS, Carl D. Peterson and Lori A. Peterson desire to 15 remove and reinstall an existing fence, maintain an existing 16 shed and construct and maintain 100 linear feet of rip rap 17 revetment in a portion of City property known as the drainage 18 right of way at Red Mill Farm subdivision located at the rear of 19 2021 Falling Sun Lane, Virginia Beach, Virginia. 20 WHEREAS, City Council is authorized pursuant to §§ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 22 authorize temporary encroachments upon the City's property 23 subject to such terms and conditions as Council may prescribe. 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof 27 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 28 as amended, Carl D. Peterson and Lori A. Peterson, their heirs, 29 assigns and successors in title are authorized to remove and 30 reinstall an existing fence, maintain an existing shed, 31 construct and maintain 100 linear feet of rip rap revetment in a 32 portion of the City's property known as the 100' drainage right 33 of way at Red Mill Farm subdivision as shown on the maps marked 34 Exhibits "A" and "B" and titled: "ENCROACHMENT SCALE: 1" = 20' 35 FOR LORI PETERSON 2021 FALLING SUN LANE VIRGINIA BEACH, VA 36 23454", and dated May 12, 2006, revised October 19, 2006, a copy 37 of which is on file in the Department of Public Works and to 38 which reference is made for a more particular description; and 39 BE IT FURTHER ORDAINED, that the temporary encroachments 40 are expressly subject to those terms, conditions and criteria 41 contained in the Agreement between the City of Virginia Beach 42 and Carl D. Peterson and Lori A. Peterson (the "Agreement"), 43 which is attached hereto and incorporated by reference; and 44 BE IT FURTHER ORDAINED, that the City Manager or his 45 authorized designee is hereby authorized to execute the 46 Agreement; and 47 BE IT FURTHER ORDAINED that this Ordinance shall not be in 48 effect until such time as Carl D. Peterson and Lori A. Peterson 49 and the City Manager or his authorized designee execute the 50 Agreement. 51 Adopted by the Council of the City of Virginia Beach, 52 Virginia, on the 13th day of February 2007 2 CA -10164 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA10164 Peterson.doc V:\applications\citylawprod\cycom32\Wpdocs\D029\P001\00024033.DOC R-1 PREPARED: 10/31/06 APPROVED AS TO CONTENTS UGNATURE Cly ~ �� DEPARTMENT APPROVED AS TO LEGAL FICIENC D FORM F CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this /f"- day of ,b C nt1-Y- , 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CARL D. PETERSON and LORI A. PETERSON, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot 885, Section 15, Red Mill Farm, as drown on that certain plat entitled: "SHEET 2 OF 2 SUBDIVISION OF RED MILL FARM SECTION FIFTEEN PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA, SCALE 1" = 60' APRIL, 1986," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 2555, at page 1864, and being further designated, known, and described as 2021 Falling Sun Lane, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to remove and reinstall an existing fence, maintain an existing shed and construct and maintain 100 linear feet of rip rap revetment, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as the drainage right of way at Red Mill Farm subdivision, "the Encroachment Area"; and GPIN: 2414-44-7699 (100' drainage right of way at Red Mill Farm subdivision) 2414-44-9678 WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT: 1" = 20' FOR LORI PETERSON 2021 FALLING SUN LANE VIRGINIA BEACH, VA 23454", and dated May 12, 2006, revised October 19, 2006, a copy of which is attached hereto as Exhibits "A" and "B," to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and 2 expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 3 It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, CARL D. PETERSON and LORI A. PETERSON, the said Grantee, have caused this Agreement to be executed by their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk 11 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager Carl D. Peterson ,,fori A. Peterson-- The ete son STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2007, by DESIGNEE OF THE CITY MANAGER. My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: BEACH. CITY MANAGER/AUTHORIZED Notary Public The foregoing instrument was acknowledged before me this day of 2007, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA Notary Public My Commission Expires: STATE OF VIRGINIA I / BR-0-ch, CITY/` "_ �' OF Ute- to -wit: ncl The foregoing instrument was acknowledged before me this day of Jay72007, by Carl D. Peterson. Notary Public My Commission Expires: ) / 3 //';o 0 5 STATE OF VIRGINIA / Q _ _ CITY/' 9k44:F r OF V 74 be(P-, to -wit: The foregoing instrument was acknowledged before me this Z2no/day of JGL v , 2007, by Lori A. Peterson. My Commission Expires: 1 1 3 (, G2 b 0 9 APPROVED AS TO CONTENTS SIGNATURE ADZ- Rad,i, DEPARTMENT APPROVED AS TO LEGAL CIENCY AND FORM n G\USERS\SHARED\WP80\RE\Real Estate Fonns\WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc LJ "A" c1?Y0,&J1A, AEAGN ;WN T112AZ 0,>,4YX66' CAA944 ..4 �� •,l€&Ked' `-�o`r�' !r G Tip .. x15r.. 4414 61.7f444 M41i 121 70-13C. n EMa.baO. ' '1- __\` , , � . LINE tir .\�N I-C—hV T.a LGC%I °N L 34.2' o �p ENoSE K Id - � 2021 0 '` - . •,�' • F- B' ' , - l• - � ate► � '•. ts.7.' .. 02' ti z 16,3 pmai :- I ; a 14.5 X co n l No. 1833 00 I L=63.23' R=225.00' NOTE: A 511 T FENCE SHALL BE PROPERLY iNSTAUM AND MAINTNNED SEAWARD OF ALL ri1STUR6ED AREAS AT 7HE CONCLUsiDN of EAGN W ORKDAY, AND WILLREMg1N UNTIL [HE SITE lS STAS UZED WITH A VEGETATIVE COVER. 'These plans are for permit purposes only. No geotechnical or structural borings have taken plsce at this site. Contractor and/or owner shall verify bottom conditions. It shall be the owner's and/or contractofs responsibility to locate and mark any underground ublities or sprikler systems." 'URPOSE, PREVENT EROSION IN; NON -TIDAL DRAINAGE CANAL ENCROACHMENT �AIUK O.H,W, 0 Do SCALFOR - 20 AT; RED M&L FARM LORI PETERSON Crrr VIRGINIA BEACH 4D3ACENT PROPERTY QWNERS: 2021 FALLING SUN LANE STATE, VIRGiNiA I WiNNETi } VIRGINIA BEACH, VA 23454 2) VyIMBERLEY _ ) DA—E 5/12/2006 SHEETNO, 1. OF FLINfi CONSTRUCTION COMPAN�y 3712 ADAMS STREET PORTSMOUTH, VIRGINIA 23703 T"EL.. 757-468-2277 C--%LA•bE. EXHIBIT "B" F.o PoS St) A SQA �'i LL /-7 yy +' DvTY , RICHARD T. BA ULETT N 18335 C -LA -SS Z s. g�t7f --ft- r/! NOTE: A SILT FENCE SHALL BE PROPERLY INSTALLED AND MAINTAINED SEAWARD OF ALL DISTURBED AREAS AT THE CONCLUSION'OF EACH WORK DAY, AND WILL REMAIN UNTIL THE SITE IS STABILIZED WITH A VEGETATIVE COVER. "BULKHEAD AND OR PIER DESIGN IS BASED ON STANDARD DESIGN PRACTICES. ATYPICAL SITE CONOTTiONS NOT VISIBLY APPARENT, HAVE NOT BEEN TAKEN INTO ACCOUNT " PURPOSE: PREVENT EROSION RIP RAP SECTION IN: NON -TIDAL DRAINAGE CANAL FOR DATUM: O.H,W. 0.00 LORI PETERSON ! AT RED MILL FARM 2021 FALLING SUN LANE i Clri VIRGINIABEACk ADJACENT PROPERTY OWNERS: VIRGINIA BEACH, VA 23451 STATE: VIRGINIA 1) VdINIgE T 2) WIMBERlEY DATE : 5/1212006 SHEET NO, OF M, FLINT CONSTRUCTION COMPANY 3712 ADAMS STREET PORTSMOUTH, VIRGINIA 23703 TEL. 757-466-2277 w :4 m y a us 9 f C C IL Q � y Q � 24 Cj C3 LOCATION MAP 0 ENCROACHMENT REQUEST ffJ � FOR CARL AND LORI PETERSON -� 2021 FALLING SUN LANE GPIN 2414-44-96780 100 200 400 Feet repared by P.W./Eng./Eng. Support Services Bureau 8/14/06 X:\ProjectsWRC FilesWgenda Maps -37 - Item VK 7.. RESOLUTION/ORDINANCES ITEM #56096 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE two (2) freestanding signs at 201 Market Street re Sandler Center for the Performing Arts in the Town Center. DISTRICT 5 — LYNNHAVEN Voting: 10-0 (By Consent) Council Members Voting Aye.- William ye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 13, 2007 1 AN ORDINANCE APPROVING TWO 2 FREESTRANDING SIGNS TO BE LOCATED 3 AT THE SANDLER CENTER FOR THE 4 PERFORMING ARTS, IN THE TOWN 5 CENTER 6 7 8 WHEREAS, the Virginia Beach Development Authority 9 (hereinafter "VBDA") is the present owner of the property upon 10 which the Sandler Center for the Performing Arts (hereinafter 11 the "Center") is located; and 12 13 WHEREAS, VBDA has made application to the City Council 14 for approval of two (2) free-standing signs to be located at the 15 Center; and 16 17 WHEREAS, Section 904(d)(4) of the City Zoning 18 Ordinance states that "all freestanding signs shall be approved 19 by the City Council, as consistent with the general purpose and 20 intent of the design provisions presented in the July, 1991, 21 Pembroke Central Business District Master Plan"; and 22 23 WHEREAS, the City Council has this day viewed 24 renderings and plans concerning the proposed signs, and is of 25 opinion that such signs are consistent with the general purpose 26 and intent of the design provisions presented in the July, 1991, 27 Pembroke Central Business District Master Plan; and 28 29 WEHEREAS, the City Council is further of the opinion 30 that the proposed signs are reasonable in size and height and 31 are attractive in design, and will be a positive addition to the 32 streetscape of the Town Center; 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 35 CITY OF VIRGINIA BEACH, VIRGINIA: 36 37 That the City Council hereby approves the two (2) 38 proposed free-standing signs that are the subject of the 39 application, upon the condition that such signs conform to the 40 proposed renderings, including the design, size and height shown 41 thereon, and upon the further condition that the proposed signs 42 are located as shown on the plans exhibited to the City Council. 43 44 Adopted by the Council of the City of Virginia beach, 45 Virginia, on the 13th day of February 2007. 46 47 Approved as to Content: 48 49 50 51 52 Plannin Departme t Approved as to Legal Sufficiency: j AVV-,4,1 City Attorney's Office CA -10257 OID/ordres/towncentersignordin.doc R-1 January 31, 2007 -38 - Item V.K.8.a. RESOLUTION/ORDINANCES ITEM #56097 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED ALTERNATE ORDINANCE: a. Ordinance to APPROPRIATE and TRANSFER $5,606,006 to the Virginia Aquarium Original Exhibit Gallery renovation re increased construction costs: 1. $206, 006 from the General Fund Reserve for Contingencies 2. $4,4 76, 221 from the Virginia Aquarium Animal Care Annex 3. $250, 000 from the City Council Agenda Process Automation 4. $400, 000 from Enterprise Data and Information Management Plan, Phase I 5. $229,559 from the Virginia Beach Juvenile Detention Center 6. $44, 220 from Red Wing/Virginia Aquarium Original Exhibit Gallery Renovation Councilman Desteph clarified his NAY vote. He did not believe an additional 10% above the agreed upon contract and the contractors should be held accountable to manage effectively and efficiently. Voting: 9-1 (By Consent) Council Members Voting Aye: 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: William R. "Bill " DeSteph Council Members Absent: Harry E. Diezel February 13, 2007 1 ALTERNATE VERSION 2 REQUESTED BY COUNCILMFMRER WOOD 3 4 5 AN ORDINANCE TO APPROPRIATE AND TRANSFER 6 FUNDS TO CIP #3-322, VIRGINIA AQUARIUM 7 ORIGINAL EXHIBIT GALLERY RENOVATION, TO COVER 8 INCREASED CONSTRUCTION COSTS AND ENABLE AWARD 9 OF THE LOW -BID CONTRACT 10 11 WHEREAS, due to the difficulty and complexity of CIP #3- 12 322, Virginia Aquarium Original Exhibit Gallery Renovation, an 13 additional $5,606,006 must be appropriated to the project to 14 cover increased construction costs and allow the awarding of the 15 low -bid contract for this project; and 16 17 WHEREAS, the additional amount needed may be appropriated 18 from the General Fund Reserve for Contingencies and transferred 19 from CIP #3-292, Virginia Aquarium Animal Care Annex, CIP #3-044, 20 CIT - City Council Agenda Process Automation, CIP #3-045, CIT - 21 Enterprise Data and Information Management Plan - Phase I, and 22 CIP #3-024, Virginia Beach Juvenile Detention Center, and $44,220 23 from Reserve for Contingencies- Red Wing/Virginia Aquarium 24 Revenue Shortfall. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 (1) That $206,006 from the General Fund Reserve for 30 Contingencies is hereby appropriated to CIP #3-322, Virginia 31 Aquarium Original Exhibit Gallery Renovation. 32 33 (2) That $4,476,221 is hereby transferred from CIP #3-292, 34 Virginia Aquarium Animal Care Annex, $250,000 is hereby 35 transferred from CIP #3-044, CIT - City Council Agenda Process 36 Automation, $400,000 is hereby transferred from CIP #3-045, CIT - 37 Enterprise Data and Information Management Plan - Phase I, 38 $229,559 is hereby transferred from CIP #3-024, Virginia Beach 39 Juvenile Detention Center, and $44,220 is hereby transferred from 40 Reserve for Contingencies- Red Wing/Virginia Aquarium Revenue 41 Shortfall to CIP #3-322, Virginia Aquarium Original Exhibit 42 Gallery Renovation. 43 44 Adopted by the Council of the City of Virginia Beach, 45 Virginia, on the 13th day of February 1 2007. Approved as to Content: i `Managem t Services Approved As To Legal Sufficiency: , LZU - �, e - , J, - City Attorney's Offace CA10253 V:\applications\citylawprod\cycom32\Wpdocs\D022\P001\00026655.DOC R-4 February 13, 2007 -39 - Item V.K..8.b. RESOLUTION/ORDINANCES ITEM #56097 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to APPROPRIATE and TRANSFER $166,117 to Fire Facility Rehabilitation and Renewal, Phase II, re Building and Fire Code compliance during the repair and renovation of the Plaza Fire and Rescue Station: 1. $63,094 from Fire and Rescue Station — General Booth Corridor 2. $26,616 from Fire and Rescue Station — Sandbridge Relocation 3. $76,407 from Various Buildings Rehabilitation and Renewal, Phase H Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: Harry E. Diezel February 13, 2007 1 AN ORDINANCE TO TRANSFER FUNDS TO CIP #3-365, 2 FIRE FACILITY REHABILITATION AND RENEWAL - 3 PHASE II, TO COVER INCREASED CONSTRUCTION 4 COSTS FOR THE REPAIRS AND RENOVATIONS OF THE 5 PLAZA FIRE AND RESCUE STATION 6 7 WHEREAS, during the repairs and renovations to the Plaza Fire 8 and Rescue Station, various deficiencies in the electrical system 9 were discovered that require replacement of the electrical system 10 while the contractor has access to those usually concealed spaces; 11 and 12 WHEREAS, the replacement of the electrical system will require 13 an additional $166,117 to cover these increased construction costs; 14 and 15 WHEREAS, the additional amount needed may be transferred from 16 CIP #3-404, Fire and Rescue Station - General Booth Corridor, CIP 17 #3-424, Fire and Rescue Station - Sandbridge Relocation, and CIP 18 #3-367, Various Buildings Rehabilitation and Renewal - Phase II. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 (1) That $63,094 is hereby transferred from CIP #3-404, Fire 22 and Rescue Station - General Booth Corridor, $26,616 is hereby 23 transferred from CIP #3-424, Fire and Rescue Station - Sandbridge 24 Relocation, and $76,407 is hereby transferred from CIP #3-367, 25 Various Buildings Rehabilitation and Renewal - Phase II, to CIP #3- 26 365, Fire Facility Rehabilitation and Renewal - Phase II. 27 (2) That the City Manager is authorized to amend the contract 28 to repair and renovate the Plaza Fire and Rescue Station to provide 29 for additional work as described above. 30 Adopted by the Council of the City of Virginia Beach, 31 Virginia, on the 13th day of February , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Managem nt Services City Attorney's fice CA10260 V:\applications\citylawprod\cycom32\Wpdocs\D030\P001\00027325.DOC R-3 February 1, 2007 Item V -L. PLANNING -40 - ITEM # 56098 1. REVEREND BARNETT K. THOROUGHGOOD 2. G & S DEVELOPMENT, L.L.C. 3. TRUSTEES OF TIDE WATE KOREAN BAPTIST CHURCH 4. VIRGINL4 BEACH RESORT AND CONFERENCE CENTER 5. ENTERPRISE RENT -A -CAR 6. MEGANA. HAMMOND 7. CINGULAR WIRELESS VARIANCE MODIFICATION CONDITIONAL ZONING (APPROVED December 10, 2002, MODIFIED February 14, 2004) MODIFICATION CONDITONAL USE PERMIT (APPROVED December 10, 2002, MODIFIED February 14, 2004) MODIFICATION Conditions 1 and 2 CONDITIONAL USE PRMIT (APPROVED January 13, 1988) CONDITONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT February 13, 2007 -41- Item 41- Item V -L. PLANNING ITEM # 56099 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Items 1, 2, 3, 5 (ADDED CONDITION), 6 and 7 of the PLANNING BY CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 13, 2007 -42 - Item V -L.1. PLANNING ITEM # 56100 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED a Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for Reverend BARNETT K. THOROUGHGOOD at 172 South Birdneck Road re two (2) single family homes. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Reverend Barnett K. Thoroughgood. Property is located at 172 South Birdneck Road (GPIN 2417520966). DISTRICT 6 — BEACH Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: r�9i- Council Members Absent: Harry E. Diezel February 13, 2007 MINIM Item V -L.2. PLANNING ITEM # 56101 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFED Ordinances upon application of G & S DEVELOPMENT, L.L.C. (approved December 10, 2002, and modified February 10, 2004): Modification of Proffer No. 2 on Conditional Change of Zoning and Condition No. I on Conditional Use Permit: ORDINANCE UPON APPLICA TION OF G&S DEVELOPMENT, L.L.C. FOR THE MODIFICATION OF PROFFERS ON A CONDITIONAL ZONING A-12 APARTMENT DISTRICT TO CONDITIONAL B-2 BUSINESS DISTRICT GRANTED BY CITY COUNCIL ON DECEMBER 10, 2002 AND MODIFIED BY CITY COUNCIL ON FEBRUARY 10, 2004 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of G&S Development, L.L.C. for the Modification of Proffers on a Conditional Zoning A-12 Apartment District to Conditional B-2 Business District granted by City Council on December 10, 2002 and modified by City Council on February 10, 2004. Property is located at 959 Virginia Beach Boulevard. (GPIN 2417751570). DISTRICT 6 — BEACH The following condition shall be recorded: A ND, 1. An agreement encompassing revised proffers shall be recorded with the Clerk of the Circuit Court and is hereby made apart of the record. ORDINANCE UPON APPLICATION OF G&S DEVELOPMENT, L.L.C. FOR THE MODIFICATION OF CONDITIONS PLACED ON A CONDITIONAL USE PERMIT FOR A BULK STORAGE FACILITY THAT WAS APPROVED BY CITY COUNCIL ON DECEMBER 10, 2002 AND MODIFIED BY CITY COUNCIL ON FEBRUARY 10, 2004 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of G&S Development, L.L.C. for the Modification of Conditions placed on a Conditional Use Permit for a Bulk Storage Facility that was approved by City Council on December 10, 2002 and modified by City Council on February 10, 2004. Property is located at 959 Virginia Beach Boulevard (GPIN 2417751570). DISTRICT 6 — BEACH February 13, 2007 Item V -L.2. PLANNING ITEM # 56101 (Continued) The following conditions shall be required: The property shall be used as a bulk storage yard primarily for the storage of automobiles, motor homes, campers, boats and boat trailers. Said conditional use shall terminate on February 1, 2007, except that the Planning Director may grant administrative extensions in intervals of six (6) months until March 23, 2008. The Planning Director shall review the towing portion of the operation administratively on a yearly basis to ensure conditions are being met and no unresolved complaints are pending. The bulk storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach, or by an alternative method as approved by the Planning Director. The screening shall be installed and approved by the end of the first planting season following occupation of the site. 3. The bulk storage yard may be gravel, except for necessary access for fire equipment, provided a waiver of on-site improvements is requested and approved by the Planning Director. 4. Vehicles that are towed to the site shall only be from authorized and licensed automotive repair facilities. No wrecked or inoperative vehicles shall be stored on the site without a valid service ticket outlining the work to be performed and date that the project is promised to be delivered to the customer. Vehicle towing shall only occur Monday through Friday, between the hours of 8: 00 a. in. and 8: 00 p. in., and on Saturday from 9: 00 a. in. to 8: 00 p. in. There shall be no towing on Sunday. S. The hours of operation for the overall storage yard shall be Monday through Sunday, 6: 00 a. in. to 8: 00 p. in. 6. There shall be no disposal of remnant sewage from recreational vehicles on the site. 7. If the existing building is to be used for the office and or caretaker's quarters, the applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division. These Ordinances shall be effective in accordance with Section 107 (/) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of February Two Thousand Seven February 13, 2007 -45 - Item 45 - Item V -L.2. PLANNING ITEM # 56101 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye.- William ye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 13, 2007 In Reply Refer To Our File No. DF -6624 TO: Leslie L. Lilley FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: January 31, 2007 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: G&S Development, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on February 13, 2007. 1 have reviewed the subject proffer agreement, dated December 5, 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 AMENDMENT TO CONDITIONS THIS AMENDMENT TO CONDITIONS ("Amendment"} made this 64N day of fl , r ,exj- es--, 2006, by and between GS DEVELOPMENT, LLC, a Virginia limited liability company , successor -in title to SEASIDE MOBILE PARK, L.C., a Virginia limited liability company ("Owner'), GRANTOR, and CTTy OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE, provides and states as follows: WITNESSETH: W11EREAS, GRANTOR is the owner of a certain parcel of real properly located in the City of Virginia Beach, Virginia, commonly referred to as 959 Virginia Beach Boulevard, GPIN NO: 2417-75-1570, more particularly described in Exhibit A, attached hereto and incorporated herein by reference, said property being referred to herein as the "Property"; and WHEREAS, GRANTOR has initiated modifications to a conditional amendment to the Zoning Map of the City of Virginia Beach by petition addressed to GRANTEE so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, GRANTOR has requested GRANTEE to permit this modification to the previously proffered covenants and conditions dated October 31, 2002, recorded as Instrument Number 200212233084272, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, (the "Clerk's Office'), as modified by Amendment to Conditions dated December 29, 2003, recorded as Instrument Number 200402190029621, in the Clerk's Office, to reflect the amendments applicable to the land use plan on the Property; and WHEREAS, 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, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, 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 resolve the situation to which the application gives rise; and GPIN: 2417-75-1570 Prepared by: Williams Mullen, P.C. 999 Waterside Drive, Suite 1700 Norfolk, Virginia 23510 1149497x1 WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before the GRANTEE, as part of the proposed modifications to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted which conditions have a reasonable relation to the proposed modifications and the need for which is generated by the proposed modification. NOW, THEREFORE, the GRANTOR, its successors, assigns, grantees and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this Amendment to Conditions shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, its successors, assigns, grantees and other successors in interest or title: 1. Proffer 2 is hereby amended to read: The Property, upon the issuance of a Conditional Use Permit, may be used as a bulk storage yard in accordance with the conditions set forth in the Application for Conditional Use. Said conditional use shall be limited to a period of five (5) years from the time said conditional use commences as the same may be extended from time to time in accordance with the provisions set forth in the Conditional Use Permit. 2. All of the terms, covenants and conditions set forth in the Declaration of Conditions and Restrictions dated October 31, 2002, and recorded in the Clerk's Office as instrument Number 200212233084232, as modified by Amendment to Conditions dated December 29, 2003, and recorded in the Clerk's Office as Instrument Number 200402190029621, save and except Proffer 2, as specifically amended and modified herein, shall remain in full force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through GRANTOR, its assigns, tenants and other successors in interest or title. GRANTOR further covenants and agrees that: Any references herein to B-2 Business District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Amendment by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the Amendment to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Amendment is approved by the Virginia Beach City Council ("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 GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of GRANTEE, after a public hearing before 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. 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attached 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 names of GRANTOR and GRANTEE. WITNESS the following signature and seal. GRANTOR: GS DEVELOPMENT, LLC a Virginia limited liability company By:`6 — Manager STATE OF VIRGINIA I CITY OF 'B C' k , TO -WIT: The for ing ' t w �jowledged before me this 6 day of e'.�J; 2006; by - �► a %• ' �� Manager of GS Development, LLC, on its behalf. He/ is personally known to me or has produced a driver's license as identification. o Public My commission expires: .x.11: IM s PARCEL ONE: ALL THAT certain tract, piece or parcel of land, situate, lying and being near the City of Virginia Beach, in Lynnhaven Borough of the City of Virginia Beach, Virginia, and more particularly described and bounded as follows: BEGINNING at a point on the southern line of Virginia Beach Boulevard 200 feet distance in a westerly direction from its intersection with the dividing line between the property now or formerly belonging to Vernon Drinkwater and the property of the City of Virginia Beach, upon which is erected its water tower, and running thence South 5 degrees 28 minutes East 777.5 feet to a pin; thence South 55 degrees 18 minutes West 164.3 feet to a pin; thence North 5 degrees 28 minutes West 857.8 feet to a pin on the southern line of said Virginia Beach Boulevard; thence along the southern line of said Virginia Beach Boulevard North 84 degrees 32 minutes East 143.4 feet to a pin, the point of beginning, containing two and seven -tenths (2.7) acres according to plat of property made April 17, 1946 by W.B. Gallup, County Surveyor, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 18, at Page 3 and referred to in Deed Book 236, at Page 43 and reference to the same is hereby made for a more particular description. PARCEL TWO: ALL THOSE certain lots, pieces or parcels of land, with the appurtenances thereunto belonging or in anywise appertaining, situate, lying and being in the Lynnhaven Borough of the City of Virginia Beach, Virginia, known, numbered and designated on the amended plat of "Virginia Beach Annex" made by Raymond C. Almond, C.L.S., May, 1956, and duty recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 41, at page 41, as Lots Twenty (20) to Thirty-four (34), both inclusive, in Block Thirteen (13). EXCEPTING: The property sold to Willie E. Sawyer and Florence W. Sawyer by deed dated October 10, 1962 and described as follows: ALL THOSE certain lots, pieces or parcels of land with the appurtenances thereunto belonging, or in otherwise appertaining, situate, lying and being in the Lynnhaven Borough of the City of Virginia Beach, Virginia, known, numbered and designated on the amended plat of Virginia Beach Annex, made by Raymond C. Almond, C.L.S., May, 1956, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 41, at Page 41 as Lots 20, 21, 22 and the eastern one-half of Lot 23, in Block 13. WHICH SAID PROPERTY IS FURTHER DESIGNATED AS: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situated, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as "Resubdivision of Parcel Designated as Vernon Drinkwater, 2.7 acres" as shown on plat titled "Property of Vemon Drinkwater located near Va. Beach in Princess Anne Co., Va., and the Western one-half of Lot 23, all of Lots 24 thru 34, inclusive, Block 13, Virginia Beach Annex, Princess Anne County amended plat", which said plat is duly recorded in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia, in Map Book 230, Page 38. IT BEING the same property conveyed to SEASIDE MOBILE PARK, L.C., a Virginia limited liability company by deed of Mulberry Corporation dated August 1, 1994, recorded in the Circuit Court Clerk's Office of the City of Virginia Beach in Deed Book 3420, at page 1097. TOGETHER WITH all rights of the Grantor to an easement for a sewer line benefitting the property described above as set forth in that certain agreement dated October 10, 1962, by and between Willie E. Sawyer and Florence W. Sawyer and Virginia Beach Trailer Village, Incorporated, which agreement is filed for record in Deed Book 753, page 259, and as set forth in that certain Deed of Easement dated July 3, 1957, by and between R Wilson Chaplain and Elsie B. Chaplain and the City of Virginia Beach, which deed is filed for record in Deed Book 503, page 224, and that certain Deed of Easement dated June 26, 1958, by and between R. Wilson Chaplain and Elsie B. Chaplain and the City of Virginia Beach, which deed is filed for record in Deed Book 581, page 551. 1149497x1 Item V -L.3. PLANNING .e ITEM # 56102 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED Conditions I and 2 upon application of the TRUSTEES OF TIDEWATER KOREAN BAPTIST CHURCH (Approved: January 13, 1988). ORDINANCE UPON APPLICATION OF TRUSTEES OF TIDEWATER KOREAN BAPTIST CHURCH FOR A MODIFICATION OF CONDITIONS FOR A REQUEST APPROVED BY CITY COUNCIL ON JANUARY 13, 1998. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Trustees of Tidewater Korean Baptist Church for a Modification of Conditions for a request approved by City Council on January 13, 1998. Property is located at 301 Overland Road (GPIN 1467608153). DISTRICT 2 — KEMPSVILLE The following conditions shall be required.• All conditions, with the exception of Number 1 and 2, attached to the Conditional Use Permit granted by the City Council on January 13, 1998 remain in affect. a. Condition Number 1 of the January 13, 1998, Conditional Use Permit is deleted and replaced with the following: Building, parking and drive aisle additions shall be constructed in accordance with the submitted site plan entitled "Preliminary Site Plan and Landscape Plan for Building Addition to Tidewater Korean Baptist Church ", dated October 16, 2006, and on file with the Planning Department. b. Condition Number 2 of the January 13, 1998, Conditional Use Permit is deleted and replaced with the following: The building additions shall be constructed in accordance with the two submitted building elevations and perspective rendering entitled, "Front Elevation (Parking Lot), Front Elevation (Overland Road) and Perspective View" and on file with the Planning Department This Ordinance shall be effective in accordance with Section 107 (0 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of February Two Thousand Seven February 13, 2007 -47 - Item V -L.3. PLANNING ITEM # 56102 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Harry E. Diezel February 13, 2007 -48 - Item V -L.4. PLANNING ITEM # 56103 The following registered in SUPPORT. Attorney R. J. Nutter, 222 Central Park Avenue, Phone: 687-7500, represented the applicant and distributed a package of letters, emails and petitions encompassing 500 signatures in support of the application.. Said information is hereby made apart of the record. The Virginia Beach Resort Hotel and Conference Center, owned by Dr. Harvey Sheet, encompasses approximately four (4) acres on the Chesapeake Bay and is zoned B-4. The adjacent properties are also zoned B-4. This hotel encompassing two hundred ninety-five (295) rooms is one of the largest in the City and most often sought after for Conventions around the State. This facility has been operated since the 1980's. The City's policies concerning outdoor entertainment have changed. A special event permit is needed for any outdoor entertainment. Recently, under new legislation, if more than two (2) or three (3) special events are held at the same location over the course of a year, a Conditional Use Permit is required. This is solely for the entertainment of hotel patrons or those who wish to lease portions of the hotel for special events (weddings, charitable events, etc.). There are 331 parking spaces at the hotel, while 295 parking spaces are required for the Oceanfront hotels. Stacey Patrick, 1417 Rutland Drive, Phone: 481-5954, General Manager — Virginia Beach Resort and Conference Center for twelve (12) years and a full time employee for sixteen (16) years. Her most important interest is her guests. Entertainment on the deck will be a service provided to the guests Ann Brett, 2308 Mariners Mark Way #404, Phone: 362-3585, advised the hotel had a meeting to explain to the Mariners Mark their application. Ms. Brett belongs to the Shag Club and this is a plus to be able to walk next door, listen to music and dance. The Virginia Beach Resort and Conference Center has been very good neighbors. Tim Wood, 212 66`h Street, Phone: 428-5855, long time supporter and fan. The hotel caters to individuals his age (baby boom generation). The music is subtle and appeasing. Dale Meyer, 2934 Charlemagne Drive, Phone; 481-2616, resident of The Landings, a 78 -unit complex. The hotel has always been a plus. The majority of the residents are in favor of the application Richard Balak, 2324 Windy Pines Bend, Phone: 468-5280, commercial insurance agent providing property and liability coverage to the Virginia Beach Resort and Conference Center since 1985. There has never been a reported incident of injury. There have been hundreds offunctions both inside and outside the hotel. This is a "resort hotel" catering to families and various groups. Entertainment is an important element James Caron, 1236 Wivenhoe Court, Phone: 496-3282, Director of Sales for the Virginia Beach Resort and Conference Center. Mr. Caron spoke re the integrity and reputation of the VBRCC. The Center is interested in being good neighbors to the surrounding community and the Shore Drive area. Bob Linsly, 2269 First Landing Lane, Phone: 481-4048, 50 years old, twenty-eight years in the Virginia Beach school system and currently teaching physical education at the elementary level. Mr. Linsly has been a professional Musician since 1981. Mr. Linsly, "Guitar Bob ", also entertains at the VBRCC. As a Musician, he has had a great relationship with the neighbors on both sides of the hotel. February 13, 2007 -49 - Item V -L.4. PLANNING ITEM # 56103 (Continued) Dr. Harvey Sh fet, 1529 Duke of Windsor Road, Phone: 481-0664, the owner and applicant, advised much time and effort has been placed in this application, personally meeting with many neighbors. The Duck Inn was on an isolated part of Shore Drive and good for the City at that particular time. The VBRCC has proven to be a great ambassador to the City of Virginia Beach. Dr. Shiflet's entire family lives in Virginia Beach (4 children, 11 grandchildren) Mark Landers, 2800 Shore Drive, Phone: 412-9734, enjoys a multi facet relationship with the Virginia Beach Resort and Conference Center, is a resident of The Landings and leases retail space from the Virginia Beach Resort and Conference Center. Norm Carrek, 2410 Whaler Court, Phone: 481-2940, resident of Chesapeake Bay Shores The following registered in OPPOSITION: Attorney Ann Crenshaw, Kaufman and Canoles, 1216 Cedar Point Drive, Phone: 491-4044, represented The Mariners Mark Condominium Association. The Mariners Mark Condominium was built after the VBRCC. The residents are witnessing repeated requests concerning expansion of the uses of this property i. e. a tent originally erected. The Mariners Mark Condominium Association was advised the hotel was going to build a multi-purpose room and eliminate the problem of loud music audible to adjacent properties The room was not soundproofed In 2005, the applicant was granted a building permit re a canopy with the condition of no outdoor amplification of music. Staff continued to receive complaints related to the noise. Attorney Crenshaw presented a letter from the VBRCC, dated October 19, 2005, concerning a similar ambiance to the Duck Inn. There is no public access to the deck at the VBRCC Leslie Cornwell, 4209 Bounty Road, Phone: 363-0350, speaking on behalf of the residents of Shore Drive, President — Baylake Pines Civic League, Board Member — Shore Drive Community Coalition and the Council of Civic Organizations. Concern was expressed relative precedence and being within 500 feet of a residential community allowed to have amplified music Michael Maraia, 2308 Mariners Mark Way, Phone: 412-2199, resident for thirty-seven (3 7) years, Past President of the Mariners Mark Condominium Association. This outdoor deck is within fifteen (15) yards of the Mariners Mark property Carol Crum, 2313 Mariner's Mark Way #201, Phone: 965-3412, spoke re the amplified music. The VBRCC has withdrawn another request to construct a gazebo. Stuart Gordon, 2316 Mariners Mark Way #402, Phone: 412-4744, advised music similar to "Guitar Bob " is not the type available every night. Mr. Gordon resides twenty-five (25) yards away from the outdoor deck. William Pritchett, 2316 Mariners Mark Way #303, Phone: 481-0838, advised ninety-three (93) residents signed the petition to oppose. These residents represent sixty (60016) percent of the owners at Mariners Mark. Since this petition was forwarded, the number in opposition has increased. February 13, 2007 -50 - Item V -L.4. PLANNING ITEM # 56103 (Continued) Attorney Les Watson, One Columbus Center, Suite 1100, Phone: 497-6633, represented the Seagate Condominium Association, presented petition in Opposition. This is a residential neighborhood. In 1982, the Board of Zoning Appeals granted a Variance to the required parking, the hotel has eighty-four (84) fewer spaces than intended and spaces are smaller than normal. Attorney Watson distributed an informational package entitled "Seagate Colony: Building Exterior Wall Surface Maintenance Study encompassing photographs and petitions in Opposition. Said information is hereby made apart of the record. The petition contains one hundred fifty-eight (158) signatures. Attorney Watson expressed concern re the petition presented by the applicant includes residents of other areas (Ocean View, Kempsville, Pungo, Green Run, Chesapeake, England, Bay Colony and Birdneck Point). The petition in Opposition is signed by individuals directly and adversely affected by this application Mrs. Jerry S. Glass, 2830 Shore Drive (4402), Phone; 412-0599, she and her husband are residents of Seagate Colony. In January 2005, the VBRCC did request the Wetlands Board to build a gazebo and withdrew this request because of the opposition of the neighbors. Sy Beigel, 2830 Shore Drive Unit 1002, Phone: 464-0990, wife and himself are residents of Seagate Colony and concerned re loud noise on the back patio of the Virginia Beach Resort and Conference Hotel Janet Baker, 2830 Shore Drive #1303, Phone: 481-1786, Officer - Board of Directors — Seagate Colony, spoke concerning hazards of Shore Drive traffic. The VBRCC does not have sufficient on-site parking to support the extra patrons. Thus off-site parking will be the result and expose patrons to Shore Drive traffic Reverend Syd Nelson, 2830 Shore Drive #1350, Phone: 287-8124, moved to Seagate two (2) years ago. This is a residential strip with one exception, the Virginia Beach Resort and Conference Center. Many times, loud, profane, intoxicated people cut through the Seagate property causing damages Robert Baker, 2830 Shore Drive #1303, Phone: 481-1786, resident of Seagate Colony since 1989. The VBRCC is becoming an increasing negative influence with the loud noise and party debris. Patricia Braidwood, 2312 Mariners Mark, Phone: 496-9509, resident of Mariners Mark since 2001. Last evening, the band was still playing at 12:30 A.M. Russell Brown, 809 Chigwell Court, Phone: 721-5007, Manager — Seagate Colony, retired from the Military after twenty (20) years. Mr. Brown referenced protecting the security of the Seagate homeowners. Mr. Brown has investigated the cost of installing an 8 foot fence along the Beach (which is approximately $20, 000), upgrading the security cameras and he has requested a bid proposal for a new security gate at the complex. Concern was also expressed re illegal parking in the Seagate Colony parking lot A MOTION was made by Councilman Wood, seconded by Councilman DeSteph to ADOPT the Ordinance upon application of VIRGINIA BEACH RESORT AND CONFERENCE CENTER for a Conditional Use Permit. Said MOTION was WITHDRAWN. February 13, 2007 -51 - Item V -L.4. PLANNING ITEM # 56103 (Continued) Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED, with REVISED CONDITIONS, Ordinance upon application of VIRGINIA BEACH RESORT AND CONFERENCE CENTER for a Conditional Use Permit ORDINANCE UPON APPLICATION OF VIRGINIA BEACH RESORT AND CONFERENCE CENTER FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE (MUSIC AND ENTERTAINMENT) RO20734203 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Beach Resort and Conference Center for a Conditional Use Permit for a recreational facility of an outdoor nature (music and entertainment) on property located at 2816 Shore Drive (GPIN 15903164719530). DISTRICT 5 — LYNNHAVEN The following conditions shall be required: Occupancy of the deck area is limited to no more than 50 patrons unless the applicant can meet all requirements of the Virginia Uniform Statewide Building Code that will allow greater use. 2. Floor and egress plans shall be submitted to the Fire Official and Building Off cial for review and approval. 3. All parking for patrons shall be met on-site. 4. Live entertainment events and any outdoor amplification shall be limited to no more than two (2) evenings per week. 5. All live entertainment and outdoor amplification shall end at 9: 00 pm and end at 10.-- 00 19mf en F-4day and Satwdt# - 6. The applicant shall provide trash receptacles on the deck area and the adjacent sand area during live entertainment events. The applicant shall also provide for necessary cleanup of trash after events. This conditional use permit is for a one-year period to be renewed administratively. 8. A minimum of two security guards shall be at all events to monitor patrons and the amplification of the music. 9. A portable sound wall shall be installed on the western portion of the property. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of February Two Thousand Seven February 13, 2007 -52 - Item i- L.4. PLANNING ITEM # 56103 (Continued) Voting: 9-1 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Harry E. Diezel February 13, 2007 -53 - Item V -L.5. PLANNING ITEM # 56104 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED with AMENDED CONDITIONS, Ordinance upon application of ENTERPRISE RENT -A -CAR for 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 RO20734204 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 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 The following conditions shall be required: L The hours of operation shall be Monday through Friday, 8:00 A.M. until 6:00 P.M., Saturday, 9: 00 A. M. until 12: 00 P. M. 2. The vehicles shall be parked and cleaned in designated areas on site. 3. There shall be no panel trucks, utility type trailers or moving type trucks available for rent at this site. 4. There shall be no vehicle repair performed on this site. There shall be no storage of inoperable, wrecked or dismantled vehicles on this site. 5. There shall be no signs placed within the windows or on the doors. There shall be no pennants banners, streamers or portable signs placed on the site or on the vehicles. 6. The proposed building elevation shall be in substantial adherence with the submitted rendering. 7. Any free-standing sign shall be monument style not to exceed eight (8) feet in height. The existing free-standinzsign shall be removed. This Ordinance shall be effective in accordance with Section 107 ()9 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of February Two Thousand Seven February 13, 2007 Sim Item V -L.5. PLANNING ITEM # 56104 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 13, 2007 Item V -L. 6. PLANNING -55 - ITEM # 56105 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of MEGAN A. HAMMOND for a Conditional Use Permit re boarding of horses and horseback riding ORDINANCE UPON APPLICATION OF MEGAN A. HAMMOND FOR A CONDITIONAL USE PERMIT RE BOARDING OF HORSES AND HORSEBACK RIDING RO20734205 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Megan A. Hammond for a Conditional Use Permit for boarding of horses on property located at 1236 Princess Anne Road (GPIN 2401819887). DISTRICT 7 —PRINCESS ANNE The following conditions shall be required: 1. There shall be more than 19 horses kept on the property. 2. Any lighting fixtures illuminating the riding area shall be turned off no later than 8:00 pm. 3. The applicant shall consult with the City of Virginia Beach, Department of Agriculture pertaining to the most efficient and appropriate method of waste collection and disposal. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of February Two Thousand Seven Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 13, 2007 -56 - Item V -L. 7. PLANNING ITEM # 56106 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of CINGULAR WIRELESS for a Conditional Use Permit to install a wireless communications tower on an existing transmission tower at 5638 Baccalaureate Drive (Campus East and Lake Edward). ORDINANCE UPON APPLICATION OF CINGULAR WIRELESS FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS TOWER RO20734206 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Cingular Wireless for a Conditional Use Permit for a communications tower on property located at 5638 Baccalaureate Drive (GPIN 1468230888). DISTRICT 2 — KEMPSVILLE The following conditions shall be required: The tower shall be constructed substantially as shown ion the site plans entitled "Cingular wireless Collocation on Existing Transmission Tower Distribution Structure Frame #271290", prepared by BC Architects Engineers, dated 07125106. The plans have been exhibited to City Council and are on file with the Department of Planning. There shall be no barbed wire on the fence. 2. The tower including antennae shall not exceed one hundred twenty-six (126) feet in height. 3. Landscaping shall be required at the tower site consistent with the requirements of Section 232(6)(8) of the City Zoning Ordinance. 4. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (rf Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) wil not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 5. In the event interference with any City emergency communications facilities arises form the use of this tower, the users) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting tower and related equipment. 7. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition I if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the submitted plan to the plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. February 13, 2007 -57 - Item V -L. 7. PLANNING ITEM # 56106 (Continued) This Ordinance shall be effective in accordance with Section 107 (fi of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of February Two Thousand Seven Voting: 10-0 (By Consent) Council Members Voting Aye.- William ye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 13, 2007 -58 - ITEM # 56108 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: PUBLICLY -HELD PROPERTY.- Discussion or consideration of the acquisition, or disposition of publicly -held property, pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of Property Princess Anne District Upon motion by Councilman Wood, seconded by Vice Mayor Jones, City Council voted to proceed into CLOSED SESSION (9:57 P.M.). Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel (Closed Session: 9:57 P.M. —10:20 P.M.) February 13, 2007 -59 - CERTIFICATION OF CLOSED SESSION ITEM # 56109 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council CERTIFIED THE CLOSED SESSION TO BE INA CCORDANCE 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, 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: Harry E. Diezel February 13, 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 # 56108, Page 58, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED. That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges Fraser, MMC City Clerk February 13, 2007 Item V -O. ADJOURNMENT ISSIZ ITEM # 56110 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 10:22 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk 2V-- - - ---�-, uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia --------------------------------- Meyera E. Oberndorf Mayor February 13, 2007