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MARCH 25, 2008 MINUTES II CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR MEYERA 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 COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER. MMC 25 MARCH 2008 I. CITY COUNCIL BRIEFINGS - Conference Room - 2:30 PM A. OCEANA ANNUAL REPORT RE MOU Captain Markham K. Rich, Executive Officer-NAS Oceana B. VIRGINIA BEACH HISTORIC PRESERVATION COMMISSION Honorable Robert G. Jones, Chair-Historic Sites Organizing Committee II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ,II IV. INFORMAL SESSION - Conference Room - 4:30 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 Gordon Ellsworth Pastor, Virginia Beach Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS March 11, 2008 G. AGENDA FOR FORMAL SESSION II H. PRESENTATION 1. FY2008-09 AND 2009-1 0 OPERATING BUDGET and FY 2008-09 THRU 2013-14 CAPITAL IMPROVEMENT PROGRAM (CIP) Catheryn Whitesell, Director-Management Services I. PUBLIC HEARING 1. COMPREHENSIVE PLAN AMENDMENT re APZ-l / CLEAR ZONE MASTER PLAN J. CONSENT AGENDA K. RESOLUTION 1. Resolution to ESTABLISH a Committee to study the late payment of Real Estate Taxes with a report to City Council within thirty (30) days of City Council's appointment. L. PLANNING 1. Applications of ALCAR, L.L.c. at Nimmo Parkway and Rockingchair Lane re: a. Variance to S5B of the Site Plan Ordinance re Floodplain Regulations to fill approximately 10.7 acres of the floodplain for proposed lots and roadways b. Change of Zoning District Classification from AG-l and AG-2 Agricultural Districts to Conditional R-7.5 Residential District to develop 132 single- family dwellings DISTRICT 7 - PRINCESS ANNE APPLICANT REQUESTS DEFERRAL TO APRIL 22, 2008 2. Applications for Conditional Use Permits: a. HYPERLEARNING TECHNOLOGIES (a vocational school) re Microsoft certified level training at 3630 South Plaza Trail DISTRICT 3 - ROSEHALL RECOMMENDATION APPROV AL b. RUDY & KELLY ACADEMY OF HAIR & NAILS re Cosmetology at Suite 114, 1920 Centerville Turnpike DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL c. HARVEST OUTREACH MINISTRIES, INC. re a church at Indian River Road and Bridlepath Lane DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL 3. Application of V ALUE PLACE REAL ESTATE SERVICES, L.L.C., a/k/a Glamour Corporation, for the Modification of Conditions to proposed uses and development plans re Change of Zoning from AG-l Agricultural District to Conditional 0-1 Office District and Conditional H-l Hotel District (approved by City Council on April 22, 2003) at Dam Neck Road and Corporate Landing Parkway. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application ofBQI GROUP, INC. for a Modification of Proffers to the number and size of units and eliminating garages re a Change of Zoning (approved by City Council on August 10,2004) at Bonney Road and Windbrooke Lane. DISTRICT 2 - KEMPSVILLE RECOMMENDATION DENIAL 5. Application of BALANCE BUILDERS for a Change of Zoning District Classification from AG-l and AG-2 Agricultural Districts to Conditional R-I0 Residential District re twelve (12) residential lots at 2260 Childeric Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL M. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMISSION COMMITTEE re LATE PAYMENT OF REAL ESTATE TAXES HUMAN RIGHTS COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS April 8 (Workshop) April 15 (Workshop) April 17 (Public Hearing) April 22 (Workshop) April 22 (Public Hearing) April 29 (Workshop) May 6 (Reconciliation Workshop) May 13 (Adoption) Council Conference Room Council Conference Room Green Run High School - 6 p.m. Council Conference Room Council Chamber - 6 p.m. Council Conference Room Council Conference Room Council Chamber - 6 p.m. II CITY COUNCIL ONE-DAY RETREAT MAY 12, 2008 8:30 a.m. - 5:30 p.m. ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER * * * CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 a.m. - 5:30 p.m. ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 03/25/08 atb www.vbgov.com I I - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 25, 2008 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL BRIEFING re OCEANA ANNUAL REPORT and MOU in the City Council Conference Room, City Hall, on Tuesday March 25, 2008, at 2:30 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None March 25,2008 - 2 - MA YOR 'S COMMENTS ITEM # 57426 Mayor Oberndorf advised this past week has been marked by the passing of the much loved and significant family members of our City's staff leadership. Good Friday, March 21, 2008: City James K. Spore, City Manager's Stepfather - Earl Halopka City Attorney Leslie L. Lilley's Mother-Mary Anne Lilley Thursday, March 20, 2008: Steven Herbert, Chief Development Officer's Father - Henry U. Herbert The Mayor and City Council extend their heartfelt sympathy March 25, 2008 II - 3 - CITY COUNCIL BRIEFING OCEANA ANNUAL REPORT re MOU 2:30 P.M. ITEM # 57427 Captain Markham K Rich, Executive Officer, NAS Oceana, presented the Ocean a Annual Report re the Memorandum of Understanding (MOU). The Memorandum of Understanding was first signed in February 2007 and states the Navy will present an annual update to the City Council re Naval Air Station Oceana and the operations that occur with the City. Over the past year, Oceana has been an active installation, engaged in the important work of training and supporting our Navy's tactical air forces as they - in turn - have deployed in support of our nation's War on Terror. Whether at Apollo Soucek Field on the main base, at Dam Neck Annex, Fentress Field in Chesapeake or Chambers Field in Norfolk, Oceana personnel are dedicated to providing world-class support to the Fleet, our fighting operational forces, to our Sailors, and their families, the last being our most important asset and our strongest tie to the local communities. Oceana recognizes what they do affects the communities in which the servicemen live and while - in the operational Navy - mission success drives everything, Oceana must also be mindful of their responsibility to be good stewards of their assets and the environment. Naval Air Station Oceana accounts for approximately 16,200 people: 12,600 hundred active duty personnel and 3,600 civilian employees. Their combined payroll in 2007 was $1.18-BILLION Additionally, Navy contracts for goods and services contributed $100-MILLION into the local economy. Examining the 2008 pay raise gives an interesting perspective of the economic value of the employee base. This pay raise for military and civilian personnel amounts to $45-MILLION Seen another way, this raise created the equivalent of nine hundred (900) - $50,000 salaried positions in Virginia Beach. Navy personnel truly enjoy living and working in Hampton Roads and are proud of their contribution to the region's financial well-being. Today at Oceana, there are nineteen (19) squadrons with three hundred twenty-five (325) aircraft assigned As Council is aware, Oceana's tactical aircraft have consisted exclusively of Hornets and Super Hornets since 2006. In addition, there are four (4) C-9 logistical aircraft assigned to VR-56 which moved to Oceana from Chambers Field in Noifolk in 2006. Most often, however, only two (2) C-9s will be seen on the field, as the others are continually deployed around the globe. Oceana supports approximately one hundred (100) detachments each year of transient aircraft and helicopters operated by our sister services and other government agencies. These aircraft are engaged in training maneuvers, as well as real world operations, many arising from the homeland defense mission. Of course, each Fall the Ocean a Air Show is presented Last year, Oceana hosted twenty-five (25) performers, including the Blue Angels, who flew demonstrations for 230,000 spectators over the three-day weekend The 50th Ocean a Air Show is scheduled for September 19,20 and 21 and promises to be another outstanding community event. Since December of last year, Oceana has been proud to provide a temporary home for the Virginia Beach Police Department helicopter while the City's heliport undergoes renovation. Oceana anticipates continuing this support until the project's completion later this Spring. Modest though it is, this arrangement is representative of the mutually beneficial and cooperative relationship valued and enjoyed in recent years with the City of Virginia Beach. Being the Navy's premiere Master Jet Base, Oceana is also one of the oldest. Originally established in 1943 as an auxiliary field on three hundred twenty-nine (329) acres purchasedfor the remarkable sum of $35,000, Oceana was designated a Naval Air Station in 1952. To continue to provide specialized support for their aircraft - some of which are the most advanced in the world - a military construction plan includes several near-term projects. At Oceana, these include hangar repair and modifications, runway and aircraft parking apron upgrades and various building projects totaling more than $42.5-MILLION scheduled for FY 08 execution. Additionally, Oceana has another $3.4-MILLION programmed across sixteen (J 6) small-scale facility upkeep and repair projects March 25, 2008 III - 4 - CITY COUNCIL BRIEFING OCEANA ANNUAL REPORT re MOU ITEM # 57427 (Continued) The Dam Neck Annex also has several significant construction projects, either approved or proposed to meet the growing requirements of the commands based there. These include a base- wide Energy Performance contract, which is already underway and two other large-scale construction projects scheduledfor this year. The total value of these Dam Neck projects is projected to be $178-MILLION In matters of money, it is simple to calculate Oceana's "plant value" and the value added from renovations and improvements. It is much more complex to calculate Oceana's operational value by virtue of its close proximity to the fleet and to the ranges where the air combat skills required to succeed on today's battlefield are honed. These include Whiskey-72, just off the coast and the Dare County and BT-9/11 bombing ranges, 65 and 110 nautical miles away respectively. Because of their proximity, these ranges provide Oceana aviators the most training-per-pound of jet fuel of any air station in the Navy. In other words, our aviators spend less time flying to and from the ranges and more time conducting vital training maneuvers. Among our sister services, the Navy faces some of the most significant challenges when it comes to protecting the American people's investment in its installations. Land values have always been about "location, location, location." The Navy's seagoing mission has led us to locate our bases near some of the most desirable and valuable land in the country - much of it on or near the nation IS coastal regions - close to the Fleet. As reported by the National Oceanographic and Aerospace Administration, coastal areas are crowded and becoming more so every day. More than 139-MILLION people - about 53 percent of the national total - reside along the Us. coasts. This figure is expected to increase by an average of 3,600 people per day, reaching 165-MILLION by the year 2015. In 1960, an average of 187 people were living on each square mile of coastal land (excluding Alaska). This population density increased to 273 persons per square mile by 1994, and is expected to reach 327 by 2015. Population densities are highest along the East Coast. Given the Navy's intrinsic needs, together with the ever increasing population density in coastal areas, it is easily understood why the Navy has placed such an important emphasis on matters of installation viability and sustainment. Operational assurance is the foremost issue for those assigned to command major shore installations and necessitates an ever- expanding and diversifying skill-set. Together with the leaders of Virginia Beach, the municipal leadership of Chesapeake and Norfolk, along with Commonwealth, federal representatives and staffs, a cooperative installation sustainment process has been created that is the model not only for the Navy, but for the Department of Defense. This process has created relationships that have the Oceana and Virginia Beach staffs talking almost every day, whether at the Ocean a Land Use Conformity Committee, the Oceana/Fentress Military Advisory Committee, the MOU Review Board or Encroachment Partnering in the Inteifacility Traffic Area. Together, we are applying our combined knowledge and expertise to find balanced compromises to respective needs and priorities. This year, the amendments to the AICUZ Overlay Ordinance stand as a particular case in point. When the ordinance was created following the Joint Land Use Study, it became quickly apparent that it conveyed predictability and reliability to the Navy's input for discretionary applications inside the 70 Day-Night Average sound contour. These benefits were so apparent, in fact, that the need for a standardized, predictable application to other AICU2 areas not included in the ordinance became glaringly obvious. The solution to expand the ordinance to include the 65 to 70 Day- Night Average sound contour was, we believe, afair and reasonable compromise of our needs and one that allows everyone involved with discretionary zoning applications to understand and participate in the AICU2 review process. Equally important, the particularized criteria for the three sub-areas in the 65 to 70 contour, provide the Planning Commission and City Council - the body that must ultimately approve or deny each application - with clear and objective standards to better inform your decisions. These amendments, including the rezoning of land in the Inteifacility Traffic Area to one dwelling unit per 15 acres,form an increasingly solidfoundationfor the work of the MOU Review Board. March 25, 2008 III - 5 - CITY COUNCIL BRIEFING OCEANA ANNUAL REPORT re MOU ITEM # 57427 (Continued) Oceana is very pleased the Navy and the Department of Defense have begun to authorize and allocate money for encroachment partnering initiatives. For 2007, $2.3-MILLION is pending execution for land in the Interfacility Traffic Area. It is anticipated that an additional $2.5-MILLION could be available for 2008 and is moving through the approval process as we speak. The Oceana staff is working with Navy regional real estate specialists and headquarters to convey the Marsh view property to the City for use as a park and, in return, for continuing encroachment partnering efforts in the ITA. This transaction could be executed as early as this September. The Oceana Land Use Conformity Committee looks forward to continuing to act as technical advisors to the City's laudable and challenging effort to bring compatible land uses into the Accident Potential and Clear Zones adjacent to Oceana. Speaking for the Navy, Captain Rich advised these all boil down to two words: "Mission Accomplishment". Last year, fifteen (15) Oceana squadrons deployed overseas and flew combat sorties in support of Operation Enduring Freedom, Operation Iraqi Freedom and other Navy missions across the globe. The vast majority of the combat missions were flown to defend and protect ground troops, convoys and others for whom precision naval air-to-ground support can make the difference between mission success and failure, or literally, life and death. The schools located at Dam Neck graduated thousands of Sailors and Marines sending them to the fleet with the highly technical skills required of today's war fighter. Captain Rich thanked the City for their work in ensuring Oceana's continued operational viability in these demanding times. Recently, Captain Rich's Community Planning Liaison Officer was invited by Naval Facilities Engineering Command to attend a workshop in San Diego to address and share local planning issues. In attendance were representatives from the four (4) continental Navy regions, as well as Hawaii, Guam, seven Naval Air Stations, and the Marine Corps Office of Governmental and External Affairs for the West Coast. NAS Oceana proudly shared the post JLUS accomplishments and the successful partnership we have formed with the City of Virginia Beach. Ours is likely to be the model that others will follow. On behalf of Captain Hunter, the Oceana staff, and all the men and woman of NAS Oceana, Captain Rich advised Oceana is looking forward to continuing to work with the City in the coming year. Council Lady Henley expressed interest re funding available for Interfacility Traffic Area purchases. One of the items contained in the Legislative Package was to request the General Assembly allow the $ 15-MILLION to be utilized in the Interfacility Traffic Area, as well as the Accident Potential Zone. Deputy City Attorney Macali advised it was approved as emergency legislation which means it does not have to wait until July First to take effect. It is effective, as soon as the Governor signs. Robert Matthias, Assistant to the City Manager, advised the City was successful having an emergency clause placed in the Bill. The Governor has not signed. He has until April Twelfth. Council Lady Henley advised there were some property owners in the ITA who have been interested in moving forward and requested a Briefing re properties acquired and the status of this legislation. Mayor Oberndorf expressed appreciation to Captain Rich. and also for the extraordinary sacrifices Oceana made to allow the citizens to function as an open and free country and government. Councilman Dyer commended the Navy which supplies National Defense with its strategic location and formerly expressed his gratitude. March 25,2008 II - 6 - CITY COUNCIL BRIEFING VIRGINIA BEACH HISTORIC PRESERVATION COMMISSION 2:50 P.M. ITEM # 57428 Mayor Oberndorf introduced the Honorable Robert G. Jones, former Mayor and Chair - Historic Sites Organizing Committee Mr. Jones recognized the Historic Sites Organizing Committee: Robert W. Coffey Vicki R. Harvey Johnnie S. Miller Marjorie B. Smallie Barbara E. Vaughan The Committee could not have functioned without the support of City staff: Lynn Clements Director - Department of Museums Joanne Moore City Manager's Office Mark Reed Historic Resources Co-ordinator This Committee was created in September 12, 2006, with meetings commencing in October and charged to make their final report January 31, 2007. The charge was very complex. The first issue is: "What should be preserved of the City's past, the method by which those decisions are made, and where is the source offundingfor this preservation effort?" On April 3, 2007, Mr. Jones advised during their deliberations, the Committee concluded the scope of these issues was tremendous and the best approach would be to plan for the governance of the historic sites separately from the planningfor the broader historic preservation efforts. The committee addressed the fact that the Department of Museums operated sites first and is providing information concerning the recommendation for a private non-profit Foundation. Copies of the Virginia Beach Historic Sites Foundation By-Laws and an organizational chart were distributed. The Virginia Beach Historic Sites Foundation will be a non-profit corporation under 501(c)(3) of the Internal Revenue Code. The Virginia Beach Historic Sites Foundation would interface with the City through the office of Mark Reed, Historic Resources Coordinator. The support of former Congressman Owen Pickett and former Mayor Clarence Holland, who will serve as recruiters of this Foundation, has been secured through the efforts of Vice Mayor Jones. The Foundation's principal purpose is to raise funds and assist in support of City owned "historic sites ": Adam Thoroughgood House, Lynnhaven House and the Francis Land House. The second phase is to establish a Historic Preservation Commission. March 25, 2008 III , - 7 - CITY COUNCIL BRIEFING VIRGINIA BEACH HISTORIC PRESERVATION COMMISSION ITEM # 57428 (Continued) Recommendation 1 - Establish Historic Preservation Commission · City Council-appointed Virginia Beach Historic Preservation Commission · Nine (9) to fifteen (15) members · Advise the Virginia Beach City Council and the Departments. of Museums and Planning on all issues related to the preservation of historic buildings, structures and sites · Commission appointees to represent the professional expertise needed in relevant subject areas, such as architecture, archaeology and history · Commission appointees to represent private organizations involved in historic preservation - Princess Anne County/Virginia Beach Historical Society and the Virginia Beach Historical Preservation Partnership · Mission - preserve, protect and maintain the historic identity of Virginia Beach and the former Princess Anne County through a program of advocacy and increased public awareness and involvement Mr. Jones displayed a visual sketch of the two arms of the proposal. On the right are the sites already owned by the City? On the left is the Preservation Commission tasks. March 25, 2008 ill - 8 - CITY COUNCIL BRIEFING VIRGINIA BEACH HISTORIC PRESERVATION COMMISSION ITEM # 57428 (Continued) Recommendation 2 - Fund Historic Preservation Commission · Appropriate $65,000 for the FY09 operating budget for one full-time position for an Architectural HistorianlPreservation Planner to support the work of the Commission · Long-term goal of annually funding the Commission's programs and staff support in the amount of $1 per capita Recommendation 3 - Update and Use Historic Resources Management Plan Virginia Beach Historic Preservation Commission to work with City staff to update and use the Historic Resources Management Plan (1994) · Periodically update the planning document to represent progress made and additional goals, strategies and actions planned Recommendation 4 - Dissolve Existing Historic House Governing Board · Strike through language in Section 2-5 of the City Code relative the establishment of the Francis Land House Board of Governors and the duties, responsibilities and structure of that body March 25, 2008 II - 9 - CITY COUNCIL BRIEFING VIRGINIA BEACH HISTORIC PRESERVATION COMMISSION ITEM # 57428 (Continued) Recommendation 5 -Recognize Francis Land House Board of Governors and Friends · Adopt a resolution to express Council's thanks to the past members of the Francis Land House Board of Governors and the Friends of the Francis Land House. · Their voluntary efforts as advisory and support organizations successfully developed the Francis Land House into a valuable community asset as a historic house museum · These groups readily accepted the role of interim governing and membership bodies when the City began operation of the Adam Thoroughgood House · The dedication of the involved individuals and these two organizational entities over the past twenty plus years have made it possible for the City to build on their successful endeavors to expand the City's stewardship of and the public's access to very important local historic sites Recommendation 6 - Dissolution of the Historic Sites Organizing Committee · It has been our pleasure to serve Council on these important issues regarding the City's historic resources. · Accept work of the Committee as having satisfied the direction provided by Council in their resolution of September 12, 2006. · The committee will dissolve after this presentation. Councilwoman Henley's Tax Exemption Ordinance · Committee reviewed the ordinance and supports the intent · We hope that the broader approach will promote preservation · The Preservation Commission should view with interest any activity that is generated by this program and would monitor its success Mr. Jones distributed a brochure "The Virginia Beach Historic Sites Foundation ", which is made a part of the record. Congressman Pickett and Dr. Holland have requested these brochures for distribution. Mr. Jones referenced the Mayor's quote on the back of the brochure: "Virginia Beach's historic treasurers must be preserved for future generations and must continue to be available to the public to learn the City's story. The municipal government seeks to partner with the community to ensure the best stewardship for these sites. " Council Lady Wilson, Liaison, praised their hard work, approximately nine hundred (900) hours of meetings. Council Lady Wilson spoke with Steven Herbert, Chief Development Officer, re securing an individual from the Planning Department to serve as the Architectural Historian/Preservation Planner for the Historic Preservation Commission. Mr. Herbert advised he believes the current staff could provide this function. March 25, 2008 II - 10- CITY COUNCIL BRIEFING VIRGINIA BEACH HISTORIC PRESERVATION COMMISSION ITEM # 57428 (Continued) When this Historic Sites Organizing Committee was established, Council Lady Henley expressed concerns re intent: (1) Re Fund Raising (2) Historic Preservation (3) Mainly assisting the three (3) properties: Adam Thoroughgood House, Francis Land House and Lynnhaven House Particular Friends Groups are also attempting to raise funds. There are other means of raising funds such as the Preservation Partnership developed in 1999 (between the City, the Princess Anne Historical Society and the Board of Realtors). The attempt was to develop a revolving fund. However, because of lack of funding it could not commence its purposes). Council Lady Henley hopes the Foundation would be "broad", not limited to the three (3) properties owned by the City. Hopefully the funds raised will be for historic preservation with a process for division of these funds. If it was deemed this Foundation not be "broad", the name should reflect the fact that it only involves these three (3) properties. Council Lady Henley attended the Historic Sites Organizing Committee meeting twice to present the Princess Anne Historical Society's viewpoint. Council Lady Henley inquired relative the process to allow the public to comment re these recommendations of the Historic Sites Organizing Committee Mayor Oberndorf advised a Public Hearing could be conducted or a round table discussion with a moderator and recorders. Council Lady Henley favored the second suggestion, not necessarily a Town Hall Meeting. Citizens interested in preservation could be invited and she would be pleased to establish such a Work Session and issue invitations. Steve Herbert was the former City Manager of Suffolk when a revolving found was established. Suffolk funded the revolvingfund with "seed" money. Virginia Beach did not. . March 25, 2008 II - 11 - CITYCOUNCIL COMMENTS STRUCTURE FOR FY 2009 BUDGET WORKSHOPS 3:35 P.M. ITEM # 57429 Mayor Oberndorfreferenced the discussion concerning the structure for the FY 2009 Budget Workshops. David Hansen, Chief of Information and Technology, distributed the March 14, 2009, memorandum from the City Manager containing the three (3) Options for Budget Workshops. On April 8, 2008 Workshop, the staff is prepared to begin with a Review of the Revenues. The Expenditure side will be addressed in the following sessions. Option 1 Option 2 Option 3 Goal Discuss individual budgets Goal-Discuss Budget with Goal-Discuss budget by areas of with Department Directors leadership in terms of Council's concern to City Council Goals and how the budget addresses Method-Alphabetically schedule Method-Schedule key Method-work with Council to Departments directors/MLT to discuss budget identify areas (transportation; strategies compensation; infrastructure, etc.) and schedule appropriate staff Outcome - Council Outcome-Council Outcome-Council gets understanding of individual understanding of funding information for policy decision department needs and issues impacts to attainment of their on areas they care about most stratef.!ic l!oals Concern-longer time Concern-less focus on specific Concern-may miss areas commitment and may miss "big program issues identified by staff as needing picture" issues Council attention of strategic f(oals All Budget Workshops will commence at 9:00 A.M and be "broadcast live" Councilman Uhrin believes the City Manager and his Chiefs should present an overall view of the entire budget and the perimeters set for establishing revenue. Then, details "on a department-by-department" basis should be provided. Councilman Uhrin suggested action similar to Option 1; however in the beginning an amount of time should be devoted to discussing the overall budget. Revenue would be a component of the initial discussion. Councilman Wood concurred with Councilman Uhrin concerning discussion of the overall budget, but favored Option 2. Every year guidance is provided to Staff and the City Council should examine the context of this direction and the strategic plan. Councilman Villanueva believes components of all three (3) options should be utilized. Council Lady McClanan concurred with commencing with an overall view of the entire budget and then make a decision concerning the Options. Council Lady Henley agreed with Councilman Uhrin re the overall view of the entire budget. Council Lady Henley believes the process should be kept simple by presenting on a department-by-department basis. March 25,2008 II - 12 - CITY COUNCIL COMMENTS STRUCTURE FOR FY 2009 BUDGET WORKSHOPS ITEM # 57429 (Continued) Councilman Dyer concurred and hopes the Budget will be presented in a more "user friendly" format to be utilized as a working document to ensure better decisions. After the overview, decisions can be made concerning the Options. Mayor Oberndorf referenced the statement in Option 2 "Outcome-Council understanding of funding impacts to attainment of their strategic goals ". Having the public be aware of this vision and cost is important. All Budget Workshops will commence at 9:00 A.AI. and be "broadcast live" Mr. Hansen advised the Staff would proceed with revenue projections and "draft" recommendations concerning the method to proceed with the following Workshops. Mr. Hansen advised Staff will be prepared to support discussions concerning a combination of strategic goals and departmental briefs (especially the very large departments with the lions share of the operational account). There will also be a focus on the Capital Improvement Program. Topics of the Workshops shall be provided in advance to City Council. Councilman Diezel appreciates listening to every department concerning their budget. A Budget should be assembled that is not a surprise and accompany the City Council's Retreat goals and concerns of citizens as well as encompassing the economy. March 25, 2008 II - 13 - CITY COUNCIL COMMENTS ITEM # 57430 Councilman Villanueva referenced the news article concerning Bon Secours appUcation being denied Clarification is needed from the Health Commissioner. The demographics and economic conditions in this area necessitate a hospital. Clarification is needed from the Health Commissioner re the denial. Deputy City Attorney MacaU advised all State Agencies would issue a written decision. Robert Matthias, Assistant to the City Manager, advised, if available, the written decision would be provided in City Council's Agenda package. There should also be a letter to Sentara. Mayor Oberndorf advised correspondence had been received from Bon Secours stating this decision will be appealed ITEM # 57431 Council Lady McClanan advised a citizen had called her home and left a message stating "when code enforcement is called, you are do not get anybody who knows what they are talking about ". This is the second complaint concerning a department and she wondered if the telephone system had changed David Hansen, Chief of Information and Technology, advised to his knowledge the process for responding to citizens has not changed He will be glad to meet and respond Kathleen Hassen, Assistant to the City Manager for Citizen Affairs, did call Housing and Neighborhood Preservation was put "right through ". Council Lady McClanan will provide more specific information from the citizen. ITEM # 57432 Council Lady Wilson wished to advise Rebecca Wood, wife to Councilman Wood, was a major hero last week during the horrendous shooting at Thalia Gardens Apartments. She had been running rescue that day and was called. This was a not a secure location. She stayed with one of the injured, who said "Please do not leave me ", until the injured was taken for medical attention. March 25, 2008 II - 14 - AGENDA RE VIE W SESSION 4:05 P.M. ITEM # 57433 I.2.a. HYPERLEARNING TECHNOLOGIES (a vocational school) re Microsoft certified level training at 3630 South Plaza Trail DISTRICT 3 - ROSEHALL HYPERLEARNING TECHNOLOGIES shall be APPROVED, BY CONSENT, with additional condition: All vehicle parking related to the use shall be on-site. The applicant shall post si5!fls on the propertv notifving students that allparkinfl shall be in the parkinfllot and not on the surroundinfl streets. ITEM # 57434 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K. RESOLUTION 1. Resolution to ESTABLISH a Committee to study the late payment of Real Estate Taxes with a report to City Council within thirty (30) days of City Council appointment. L. PLANNING 1. Applications of ALCAR, L.L.C. at Nimmo Parkway and Rockingchair Lane re: a. Variance to ~5B of the Site Plan Ordinance re Floodplain Regulations to fill approximately 10.7 acres of the floodplain for proposed lots and roadways b. Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-7.5 Residential District to develop 132 single-family dwellings DISTRICT 7 - PRINCESS ANNE 2. Applicationsfor Conditional Use Permits: a. HYPERLEARNING TECHNOLOGIES (a vocational school) re Microsoft certified level training at 3630 South Plaza Trail DISTRICT 3 - ROSEHALL b. RUDY & KELLY ACADEMY OF HAIR & NAILS re Cosmetology at Suite 114, 1920 Centerville Turnpike DISTRICT 1 - CENTERVILLE March 25, 2008 II I I - 15 - AGE N DA REV IE W S E S S ION ITEM # 57434 (Continued). 3. Application of VALUE PLACE REAL ESTATE SERVICES, L.L.c., , for the Modification of Conditions to proposed uses and development plans re Change of Zoning from AG-l Agricultural District to Conditional 0-1 Office District and Conditional H-l Hotel District (approved by City Council on April 22, 2003) at Dam Neck Road and Corporate Landing Parkway. DISTRICT 7 - PRINCESS ANNE 4. Application of BQI GROUP, INC. for a Modification of Proffers to the number and size of units and eliminating garages re a Change of Zoning (approved by City Council on August 10,2004) at Bonney Road and Windbrooke Lane. DISTRICT 2 - KEMPSVILLE Item L..l. (ALCAR, LLC) shall be DEFERRED BY CONSENT, until May 13,2008 Item L2.a. (HYPERLEARNING TECHNOLOGIES) shall be APPROVED, BY CONSENT, with added condition Item L.3. (VALUE PLACE) shall be DEFERRED BY CONSENT, until April 22, 2008 Item L.4 (BQI GROUP, INC.) shall be DEFERRED, BY COSENT, until April 8, 2008 March 25,2008 II - 16 - ITEM # 57435 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 of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of City Property: Southeastern Parkway PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A) (30) Dome Site Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION at 4:20 P.M. March 25, 2008 II I - 17 - ITEM # 57435 (Continued) Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session: 4:25 P.M. - 5:55 P.M.) (Council Only: 4:25 P.M. - 5:00 P.M.) (Dinner: 5:55 P.M. - 6: 16 P.M.) March 25,2008 III - 18 - FORMALSESSION VIRGINIA BEACH CITY COUNCIL March 25, 2008 6:16 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 25,2008, at 6:16 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Gordon Ellsworth Pastor, Virginia Beach Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial ") purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. March 25, 2008 III - 19 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL (Continued) Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. March 25, 2008 II - 20- MAYOR'S ANNOUNCEMENT ITEM # 57436 Mayor Oberndorf advised this past week has been marked by the passing of the much loved and significant family members of our City's staff leadership. Good Friday, March 21, 2008: City James K Spore, City Manager's Stepfather - Earl Halopka Attorney Leslie L. Lilley's Mother - Mary Anne Lilley Thursday, March 20, 2008: Steven Herbert, Chief Development Officer's Father - Henry U. Herbert The Mayor and City Council extend their heartfelt sympathy March 25, 2008 II - 21 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 57437 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 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 March 25, 2008 II 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 # 57435, Page 16, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOff, THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. th Hodges Fraser, MMC City Clerk March 25, 2008 I ,I I - 22- Item V-F.l ITEM # 57438 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of March 11, 2008. Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 25,2008 II ' - 23 - Item V-G.] ADOPT AGENDA FOR FORMAL SESSION ITEM # 57439 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 25,2008 II ,I I - 24- Item V-G.2 MAYOR'S PRESENTATION ITEM 57440 Mayor Oberndorf recognized the following Boy Scouts in attendance to fulfill requirements for their "Communications Merit Badge" Troop 504 Byron McPhearson (Sponsor) Travis Sanford Zachary Nobel Troop 417 St. Andrews United Methodist Church Scott Jones Mayor Oberndorf presented the Scouts City Seal pins March 25, 2008 III I - 25 - Item V-H.1. PRESENTATION ITEM 57441 FY2008-09 AND 2009-10 OPERATING BUDGET FY 2008-09 THRU 2013-14 CAPITAL IMPROVEMENT PROGRAM (CIP) David Hansen, Chief of Information and Technology, provided the Executive Summary on behalf of the City Manager and was pleased to present the Fiscal Year 2009 and 2010 Resource Management Plan. This has been a challenging period for the staff to develop a Biennial Operating Budget and a six-year Capital Improvement Program given the concerns re the current economy and the dramatic State reductions, particularly in the schools and roadway sections of the Capital Improvement Program. Mr. Hansen described the information distributed by City staff: Executive Summary, Budget Information Binder as well as a small "blue" handout depicting the key points and highlights of the Operating Budget and several CD's to distribute at the City Council's various meetings. There is also a listing of the various Capital Improvement Projects by City Council's respective Districts. Following the Formal Session, the detailed volumes of the Proposed Biennial Resource Management Plan: FY 2008-09 and 2009-10 Operating Budget and FY 2008-09 and 2009-10 Capital Improvement Program will be available in the City Council Conference Room. The City has reduced over fifty-five (55) positions and Virginia Beach Schools another forty-nine (49) positions for a total of one hundred four (104) full time positions eliminated from this Budget. With the low revenue growth, the staff will continue to monitor the economy. The new fiscal year will commence with a hiring freeze in place. The staff will continually gauge the economy and its impact on the FY 2009 and FY 2010 revenue and take appropriate steps. Real estate assessments are only slightly growing and the City Assessor will provide City Council with relative information during the City Council Session of April 1, 2008. The state is decreasing several revenues totaling approximately $4-MILLION in the City's Operating Budget. The dramatic impact is reflected in the Virginia Beach City Schools' Capital Improvement Program ($13-MILLION in the first two years of the Biennium). Approximately $56- MILLION will be lost in the Roadway Capital Improvement Program over the 6-year CIP. Executive Summary . Lowestyear-to-year increase in the Budget since the 1991 Recession - only 2.1% in FY 2009 and 2.4% in FY 2010 . Real Estate tax rate remains at 89t although Machinery & Tools, Boats and Cigarette taxes are proposed to increase State budget delivers significant blows to transportation and School construction programs . Employee compensation will be a 1.5% General Increase, except sworn positions in FY 2008- 09. Virginia Beach City Schools reflects a 3.5% increase. Catheryn Whitesell, Director-Management Services, displayed a chart indicating the amount of time already dedicated re compiling the Operating Budget and Capital Improvement Program March 25, 2008 I I I - 26- Item V-H.1. PRESENTATION ITEM 57441 (Continued) FY2008-09 AND 2009-10 OPERATING BUDGET FY 2008-09 THRU 2013-14 CAPITAL IMPROVEMENT PROGRAM (CIP Process Timeline 1-Jul-07 1112012007 1/812008 BI'~:8 Five Year Blue Ribbon T~:k ~or: Forecast Task Force Re ort Report p 3/2512008 Presentation Of Biennial Budget & CI P 5/1312008 Vote on the Budget & CI P 18-Sep-07 "First Look" 11/1312007 Briefing CAFR 3O-Jun--08 1/912008 - 3/812008 General Assembly Session. 41112008 - 51912008 Council Review.. April 8th April 15th April 2200 April 29th May 6th - 9 am Workshop - 9 am WOrkshop - 9 am Workshop - 9 am Workshop - 9 am Reconciliation Public Hearinas: Thursday, April 17th at Green Run High School Auditorium Note: General Assembly Veto Session is scheduled for April 23rd Tuesday, April 22nd at City Hall Council Chambers Tuesday, May 13th at City Hall Council Chambers Public Input Town Hall Meeting - Are there services that can be reduced or should be added? Increasedfundingfor mental health services were mostfrequently mentioned - What changes and/or needs within the community should we be anticipating? Aging population and declining home values were most often cited - What alternatives to the real estate tax might we consider? Cut spending, increase boat tax, and ask State for sales/income tax increases - What other budget initiatives can you recommend? Fund a housing trust fund; limit debt; use more pe1:formance measurement · Blue Ribbon Tax, Fee, and Spending Task Force - 85 recommendations of which 41 are included in this budget and another 31 are under review. Mrs. Whitesell referenced the following table which contains all the City and School Revenues within the Budget. March 25, 2008 II II - 27- Item V-H.1. PRESENTATION ITEM 57441 (Continued) FY2008-09 AND 2009-10 OPERATING BUDGET FY 2008-09 THRU 2013-14 CAPITAL IMPROVEMENT PROGRAM (CIP City and Schools Revenue Summary FY 2007-08 FY 2008-09 FY 2009-10 City Schools Total % Change Total % Chenge Adjusted Proposed Proposed Proposed from Proposed from FY 2007-0& to FY 2008-09 to Budget Budget Budget Budget FY 2008-09 Budget FY 2009-10 Real Estate $493.2 $256.1 $248.8 $504.9 2.4% $516.1 2.2% Personal Property 138.5 68.9 70.3 139.2 0.5% 146.5 5.3% General Sales 55.7 27.2 28.8 56.0 0.5% 58.4 4.3% Utility Tax 25.3 12.4 13.0 25.4 0.4% 25.8 1.6% VA Telecom. 24.0 15.1 8.5 23.6 -1.7% 23.3 -1.3% Business License 45.0 21.0 22.2 43.2 ~4% 46.9 8.6% Cable Franchise 4.7 2.7 2.8 5.5 17% 5.5 0% Restaurant Tax 49.1 48.8 - 48.8 -0.8% 51.1 4.9% Amusement Tax 5.2 5.6 5.6 8.4% 5.8 4.3% Hotel Room Tax 23.1 24.1 24.1 4.7% 24.9 3.0% Cigarette Tax 10.8 13.2 - 13.2 22.8% 12.9 -2.0% Fund Balance 19.1 7.3 4.9 12.2 -36.1% 11.2 -8.7% Utility Fees 106.0 108.8 - 108.8 2.6% 114.6 5.3% Other Revenue 118.3 100.7 29.7 130.4 10.2% 132.7 1.8% State Revenue 496.4 129.0 386.4 515.4 3.8% 524.3 1.7% Federal Revenue 111.1 42.1 63.6 105.7 -4.9% 103.7 -1.9% Total: $1,725.5 $883.0 $879.0 $1,762.0 2.1% $1,803.7 2.4% Real Estate tax revenue is only growing at 2.4%, slightly less than the assessment growth, taking into account such issues as delinquency and exonerations. Personal Property is growing at less than 1%, even with proposed rate increases. The proposed rate increases all support the Strategic Growth Area and the dredging programs in the Capital Improvement Program Rate Adjustments · Personal Property -Machinery & Tools From $1.00 per $100 To $1.90 per $100 Personal Property - Personal Watercraft From $0.000001 per $100 To $1.00 per $100 · Personal Property - Recreational Vehicles From $1.50 per $100 To $1.00 per $100 · Personal Property - Commercial Watercraft From $1.50 per $100 To $1.00 per $100 · Cigarette Tax From 50(: per pack To 61(: per pack Fees Many fees are proposedfor increases to keep pace with rising costs March 25, 2008 ! I II - 28 - Item V-H.1. PRESENTATION ITEM 57441 (Continued) FY2008-09 AND 2009-10 OPERATING BUDGET FY 2008-09 THRU 2013-14 CAPITAL IMPROVEMENT PROGRAM (CIP City and Schools Expenditure Summary FY 2007-08 FY 2008-09 FY 2009-10 City Schools T.otal % Change Total % Change Adjusted Proposed Proposed Proposed from Proposed from FY 2007-08 to FY 2008-09 to Budget Budget Budget Budget FY 2008..09 Budget FY 2009-10 Salaries $ 795.6 $ 317.9 $ 492.0 $ 809.9 1.8% $ 830.0 2.5% Fringe Benefits 280.0 109.3 169.8 279.1 -0.3% 284.5 1.9% Operating Expenses 425.5 274.3 157.5 431.8 1.4% 434.5 0.7% Capital Outlay 12.7 8.0 4.4 12.4 -2.7% 10.8 -13.0% Debt Services 134.4 100.3 41.4 141.7 5.4% 148.4 4.7% Pay-As-You-Go' 61.9 58.3 13.9 72.2 16.8% 81.4 12.7% Reserves 15.4 14.9 0 14.9 -3.0% 17.5 17.7% City Manager Reduction 0 0 0 0 -3.4 Total: $ 1,725.5 $ 883.0 $ 879.0 $ 1,762.0 2.1% $ 1,803.7 2.4% 'This reflects the amount of annual revenue appropriated to the CIP The overall budget is only growing by 2.1 % and 2.4% respectively. The major cost drivers are: Fuel (City and Schools), Tax Relief for the Elderly, Other Purchased Services and GASB (City and Schools) Compensation Adjustments City · 1.5% salary increase, excluding sworn positions in FY 2008-09 · No merit increases, rather a bonus program - $l-MILLION Funding for retention and recruitment of hard to fill positions - SO.9-MILLION Maintain $5,400 for health care contribution Schools · 3.5% salary increase · Maintain $5,400 for health care contribution Overall Service Delivery Summary . The majority of current services will he maintained at the levels the citizens generally expect Cut 100 positions + Added 52 positions, mostly for new program with revenues Net reduction of 48 positions . No employee will lose the employment status because of their position being eliminated March 25,2008 " 'I - 29- Item V-H.I. PRESENTATION ITEM 57441 (Continued) FY2008-09 AND 2009-10 OPERATING BUDGET FY 2008-09 THRU 2013-14 CAPITAL IMPROVEMENT PROGRAM (CIP Reductions in Services · Reduced vehicle and computer replacement Eliminate local Consumer Affairs Program · Eliminate fire education program · Reduced funding for books · Eliminate boys baseball- rely on private leagues · Reduced community service officers · Eliminate the Patriotic Festival Capital Budget Summary of Project Estimates Projeot Class Schools Roadways Buildings Parks and Recreation Utilities Coastal Economic and Tourism Dewfopment Communications and Information Technology Total Capital Improvement Program Capital Budget Estimated Appropriations Year 1 Years Total Cost to Oa te FY 2008-09 2 thru 6 $ 623.771.741 $ 273.221.953 $ 53.840.154 $ 296.709.634 553.544.640 259.628.432 49.812.655 244.103.553 169.104.555 95.652.253 17.015.015 56.437.287 93.284.730 26,561.613 10.391.990 56,331.127 433,007,545 197.038.543 39.996.547 195.972,455 134,320,425 67.207,415 7.362.402 39.750.608 213.563.663 67.694.746 22.531.965 103.337.172 106.684,157 41.392,929 19.302.977 45.966.251 $ 2.327.261,676 $1.068.397,884 $ 220.253,705 $1.038.610,087 Status of Key Projects Funded: Town Center Pedestrian Bridge Strategic Growth Areas (Machinery & Tools and Cigarette) Animal Control (Licensing Fees) Fire/Rescue Station - Chesapeake Beach Police Special Ops Shore Drive Corridor Improvements - Phase IV Laskin Road Gateway - Phase IA Nimmo Parkway - Phase VA Princess Anne Road - Phase IV Western Branch Lynnhaven River Dredging (Boat Tax) Rosemont Forest Drainage (Storm Water Fees) March 25,2008 III 'I - 30 - Item V-H.I. PRESENTATION ITEM 57441 (Continued) FY2008-09 AND 2009-10 OPERATING BUDGET FY 2008-09 THRU 2013-14 CAPITAL IMPROVEMENT PROGRAM (CIP PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS April 8 Workshop Council Conference Room 9AM April 15 Workshop Council Conference Room 9AM April 17 Public Hearing Green Run High School 6PM April 22 Workshop Council Conference Room 9AM April 22 Public Hearing Council Chamber 6PM April 29 Workshop Council Conference Room 9AM May 6 Reconciliation Workshop Council Conference Room 9AM May 13 Adoption Council Chamber 6PM The following citizen spoke in OPPOSITION: John McMullen, 504 Ben Hogan Drive, Phone: 499-3799, advised: "The City is payingfor all the bonds of the Virginia Beach Development Authority, not only the principal, but the interest. This comes under the debt of the City. The Charter of the Development Authority states those bonds are to be paidfrom the Revenuesfrom the Development Authority projects. An agreement between the City and the Development Authority reflects the City can pay for these bonds. " Mr. McMullen feels the Development Authority should pay for all their bonds. The Vice Mayor advised the debt service that the City is paying on behalf of the Economic Development Authority is the debt service that is created by the Tax Increment Financing District (TIF), which means that all of the bond debt service for the Development Authority is coming from the real estate tax revenue over and above the base that was there at the time the Tax Increment Financing District was created So the supplemental income through the Tax Increment Financing District is what is paying the debt service on the bonds. Mr. McMullen is correct in saying there is an Agreement between the City and the Economic Development Authority, but that Agreement is perfectly legal. The development, itself, is payingfor the debt service, which is createdfor the purpose of building the parking garages in Town Center in which you and I and every citizen in the City of Virginia Beach has a right to park "free ". March 25, 2008 - 31 - Item V-Ll. PUBLIC HEARING ITEM 57442 Mayor Oberndorf DECLARED a PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT re APZ-l / CLEAR ZONE MASTER PLAN There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. II il March 25, 2008 II" 'I - 32 - Item V-K.i. RESOLUTION ITEM # 57443 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to ESTABLISH a Committee to study the late payment of Real Estate Taxes with a report to City Council within thirty (30) days of City Council's appointment. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 25, 2008 I! I I REQUESTED BY COUNCILMEMBERS WILSON AND WOOD 1 2 3 A RESOLUTION ESTABLISHING A COMMITTEE TO STUDY THE PENALTY FOR LATE PAYMENT OF REAL ESTATE TAXES 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 WHEREAS, Virginia Code S 58.1-3916 addresses the late payment of real estate taxes and authorizes City Council to impose a penalty of up to 10% for taxes not paid by the due date, as well as interest up to 10% annually on the amount of both the unpaid taxes and the penalty; and WHEREAS, in 1965, City Council by ordinance established a late payment penalty of 10%, which is the highest percentage permitted by state law, and that penalty percentage has not been adjusted in more than forty years; and WHEREAS, an analysis of the penalty would assist City Council in making an informed decision about whether the penalty amount should be reduced. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That City Council hereby establishes an ad hoc committee, which shall be called the Committee Regarding Late Payment of Real Estate Taxes ("the Committee"). 2. That the Committee shall consist of: a. Two members of City Council; b. The City Treasurer or his designee; c. A representative of the Department of Management Services; and d. A citizen. 3. That a member of the City Attorney's office shall serve as legal counsel to the Committee. 4. That the Committee shall study the late payment penalty, as well as the interest imposed on both the unpaid taxes and the penalty, and shall report its findings and recommendations to City Council within thirty days from the date on which City Council appoints the members of the Committee. Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day of March ' 2008. I I APPROVED AS TO LEGAL SUFFICIENCY: ~ozfaWA~ City Attorney's Office CA10677 R-2 March 17,2008 - 33 - L. PLANNING ITEM # 57444 1. ALCAR, L.L. C. 2.a. HYPERLEARNING TECHNOLOGIES 2.b.RUDY & KELLY ACADEMY OF HAIR & NAILS 2. e.HAR VEST OUTREACH MINISTRIES, INC. 3. VALUE PLACE REAL ESTATE SERVICES, L.L.C. 4. BQI GROUP, INC. 5. BALANCE BUILDERS II 'I VARIANCE CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT MODIFICATIONS OF CONDITIONS (Change of Zoning Approved on April 22, 2003) MODIFICATION OF PROFFERS (Change of Zoning Approved on August 10, 2004) CONDITIONAL CHANGE OF ZONING March 25, 2008 III - 34- Item L. ITEM # 57445 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1 (DEFERRED to May 13, 2008), 2a (Added Condition), 2b., 3 (DEFERRED to APRIL 22, 2008), and 4 (DEFERRED to April 8, 2008) of the PLANNING BY CONSENT AGENDA: Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady Wilson DISCLOSED the application of BQI GROUP, INC. (item LA). BQI is a client of Goodman and Company, but not her husband's personal client. March 25,2008 I 'I - 35 - Item L. 1. a. b. ITEM # 57446 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED to the City Council Session of May 13,2008, Ordinances upon application of ALCAR, L.L.c. at Nimmo Parkway and Rockingchair Lane re a Variance and Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF ALCAR, L.L.c. FOR A VARIANCE TO SECTION 5B OF THE SITE PLAN ORDINANCE, FLOODPLAIN REGULATIONS Ordinance upon Application of ALCAR, L.L.c. for a Variance to Section 5B of the site Plan Ordinance, Floodplain Regulations on property located on the north side of Nimmo Parkway, approximately 910 feet west of Rockingchair Lane (GPINs 2404573796; 2404564943; 2404371633). DISTRICT 7 - PRINCESS ANNE. ORDINANCE UPON APPLICATION OF ALCAR, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 ANDAG-2 TOCONDITIONALR-7.5 Ordinance upon Application of ALCAR, L.L.C. for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-7.5 Residential District on property located on the north side of Nimmo Parkway, approximately 910 feet west of Rockingchair Lane (GPINs 2404573796; 2404564943; 2404371633). DISTRICT 7- PRINCESS ANNE Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 25, 2008 III - 36 - Item L.2.a. ITEM # 57447 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADDED a Condition and ADOPTED an Ordinance upon application of HYPERLEARNING TECHNOLOGIES (a vocational school) re Microsoft certified level training: ORDINANCE UPON APPLICATION OF HYPERLEARNING TECHNOLOGIES, INC. FOR A CONDITIONAL USE PERMIT FOR A VOCATIONAL SCHOOL R030834258 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HyperLearning Technologies, Inc. for a Conditional Use Permit for a vocational school on property located at 3630 South Plaza Trail (GPIN 1487507732). DISTRICT 3 - ROSE HALL. The following conditions shall be required: 1. All applicable building permits and occupancy permits shall be obtained from the Planning Department / Permits and Inspections Office. 2. All vehicle varking related to the use shall be on-site. The avvlicant shall post signs on the proverty notifying students that all varkinf! shall be in the varkinf! lot and not on the surrounding streets. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fljth of March Two Thousand Eight Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 25, 2008 II ,I I - 37 - Item L.2.b. ITEM # 57448 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of R UD Y & KELLY ACADEMY OF HAIR & NAILS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RUDY & KELLY ACADEMY OF HAIR & NAILS FOR A CONDITIONAL USE PERMIT FOR A VOCATIONAL SCHOOL R030834259 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Rudy & Kelly Academy of Hair & Nails for a Conditional Use Permit for a vocational school on property located at 1920 Centerville Turnpike, Suite 114 (GPIN 1455914345). DISTRICT 1 - CENTER VILLE. The following condition shall be required: 1. All applicable building permits and an occupancy permit shall be obtained from the Planning Department / Permits and Inspections Office. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of March Two Thousand Eight Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 25,2008 I I I - 38 - Item L.2.c. ITEM # 57449 PLANNING Attorney Stephen D. Lentz, represented the Harvest Outreach Ministries, Inc. on behalf of their Worship Center and Church Campus. A Conditional Use Permit for a proposed church on a portion of the property was denied on September 26, 2006. Since that time, the applicants have met with several City Council Members and staff. Revisions were incorporated in this new request. The revisions include purchase of another ten (10 acres on the east side of this property; therefore, all the improvements were moved to the north side of the proposed Indian River Road and allow for 50% open space, a significant portion of which ends up being treed property. There will 100 feet of landscaped buffer along the property lines, right and left turn lanes on old Indian River Road and a 200-foot cue for traffic that goes into the parking lots on the proposed improvements. This church will be built in three (3) phases: Phase I is the construction of a 30,000 square foot Education/Family Life Center. Once the sanctuary is completed, this building will be used as the Family Wellness Center and not for church services. Phase II is an 11,700 square foot addition to the Education/Family Life Center buildingfor additional classrooms. Phase III (in approximately 10 to 12 years) is the construction of a 23,000 square foot church sanctuary with the ability to provide capacity for 1,500 seats. There will be a total count of 448 parking spaces in Phase III Upon motion by Council Lady Henley, seconded by Vice Mayor Jones, City Council ADOPTED Ordinance upon application of HARVEST OUTREACH MINISTRIES, Inc. for a Conditional Use Permit for a church ORDINANCE UPON APPLICATION OF HARVEST OUTREACH MINISTRIES, INC. FOR A CONDITIONAL USE PERMIT FOR A CHURCH R030834260 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Harvest Outreach Ministries, Inc. for a Conditional Use Permit for a church on property located on the north side of Indian River Road, 675 feet west of Bridlepath Lane (GPINs 1483965395; 1483841803; 1483852479). DISTRICT 7 - PRIlVCESS ANNE The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted site plan entitled "Harvest Outreach Ministries, Virginia Beach, Virginia" Phases One, Two and Three prepared by Ivy Architectural Innovations, which has been exhibited to the City Council and is onfile in the Planning Department. 2. The building shall be constructed substantially in accordance with the submitted elevations entitled "Harvest Outreach Ministries, Virginia Beach, Virginia ", prepared by Ivy Architectural Innovations, which has been exhibited to the City Council and is onfile in the Planning Department. 3. The applicant shall strive for a minimum offifty percent (50%) open space on the site. 4. The applicant shall maintain a minimum of one hundred (J 00) feet of landscaped bufferingfrom Indian River Road. No parking is allowed in the buffered area. March 25, 2008 III i - 39 - Item L.2.c. ITEM # 57449 (Continued) PLANNING 5. The applicant shall install a twenty-five (25)-foot landscaped buffer along the property lines. The buffer shall be planted with a mixture of deciduous and evergreen shrubs and trees. 6. A photometric lighting plan shall be submitted for review and approval with the final site plan submission to the Development Services Center. The lighting plan is to include height of poles located within the parking lot along with the location of all pole-mounted and building-mounted lighting flXtures. All fixtures shall be designed to prevent any direct reflection or glare toward adjacent uses or city streets. The plan shall also include the lamp types, wattage and type of fixture. Parking lot lighting shall use full cut-off fixtures. Lighting shall be directed down at the ground and not horizontally or up in the air. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of March Two Thousand Eight Voting: 10-1 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None March 25,2008 III I - 40- Item L.3. ITEM # 57450 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of April 22, 2008, an Ordinance upon application OF VALUE PLACE REAL ESTATE SER VICES, L.L. C. for the Modification of Conditions for a request approved by City Council on April 22, 2003: Ordinance upon application of Value Place Real Estate Services, L.L.c. for the Modification of Conditions for a request approved by City Council on April 22, 2003). Property is located on the south side of Dam Neck Road, approximately 2600 feet west of Corporate Landing Parkway (GPIN 2405945729). DISTRICT 7 - PRINCESS ANNE. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 25, 2008 II I I - 41 - Item L.4. ITEM # 57451 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of April 8, 2008, Ordinance upon application of BQI GROUP, Inc. for a Modification of Proffers of a Change of Zoning approved by City Council on August 10, 2004 (ALCAR, L.L.c.). ORDINANCE UPON APPLICATION OF BQI GROUP, INC. FOR A MODIFICATION OF PROFFERS ON A CHANGE OF ZONING APPROVED BY CITY COUNCIL AUGUST 10,2004 (ALCAR, L.L.c.). Ordinance upon application of BQI Group, Inc. for a Modification of Proffers on a Change of Zoning approved by City Council on August 10, 2004 (ALCAR, L.L.c.). Property is located on the south side of Bonney Road, approximately 120 feet west of Windbrooke Lane (GPIN 1467901254). DISTRICT 2 - KEMPSVILLE Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady Wilson DISCLOSED re the application of BQI GROUP, INC. (item L.4). BQI is a client of Goodman and Company, but not her husband's personal client March 25, 2008 II I - 42- Item L.5. ITEM # 57452 PLANNING The following registered in SUPPORT: Jim Beverly, represented the applicant, Balance Builders, Inc. Paul Wallace and Jeff Wallace, owners, were in attendance and advised the density request of twelve (J 2) residential lots is lower than the surrounding neighborhoods. The average lot size is approximately 12,000 square feet. The applicant has agreed to become members of the Princess Anne Woods Homeowners Association. Eric Smith, 240 Mustang Trail Suite 8, Phone: 431-1041, spoke re the Tree Preservation PLan Eric W Olson, 2209 Childeric Road, President - Princess Anne Woods Homeowners Association, Phone: 427-5900 Natalie Jaycox, 2232 Childeric Road, Phone: 301-9409 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of BALANCE BUILDERSfor a Conditional Change of Zoning ORDINANCE UPON APPLICATION OF BALANCE BUILDERS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-l AND AG-2 TO CONDITIONAL R-I0 CHURCH Z03081209 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Balance Builders for a Chanf!e of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R -10 Residential District on property located at 2260 Childeric Road (GPIN 2404448982). DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of March Two Thousand Eight March 25, 2008 Item L.5. PLANNING Voting: - 43 - ITEM # 57452 (Continued) 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None II I I March 25, 2008 II I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6908 DATE: March 14,2008 TO: FROM: Leslie L. Lilley", VI \ \ , B. Kay Wilson~ DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Balance Builders, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 25, 2008. I have reviewed the subject proffer agreement, dated September 25, 2007 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/kaa Enclosure cc: Kathleen Hassen BALANCE BUILDERS, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 25th day of September, 2007, by and between BALANCE BUILDERS, INC., a Virginia corporation, Grantor, and THE CITY OF VIRGINIA BEACH, a municipal corporation ofthe Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 4.523 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, which parcel is herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-l and AG-2 Agricultural Districts to Conditional R-IO Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development ofland for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 2404-44-8982 'REPARED BY: ;Yn:s. ROURDON. I1IrnN & n:vy. P.C Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Boulevard Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-10 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed it shall be subdivided substantially as depicted on the "REZONING EXHIBIT 2260 CHILDERIC ROAD", dated 09/14/2007, and prepared by WPL ("Subdivision Plan") which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the Property is developed, it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a mandatory membership Homeowner's Association. This may be accomplished by amending the Princess Anne Woods Homeowner's Association to add and include this development within the existing Association. All power lines shall be installed below grade. 3. When the Property is developed, a wooden privacy fence, 6 feet in height substantially as depicted on the exhibit entitled "CEDAR FENCE DETAIL FOR BALANCE PI~EPAAEDBY: BUILDERS 09/24/07", which has been exhibited to the Virginia Beach City Council and is ;YKfS. ROLURDON. on file with the Virginia Beach Planning Department, shall be erected and maintained \HrnN & [VY, P.c. along the rear property line of Lots numbered one (1) through four (4) on the Subdivision 2 along the rear property line of Lots numbered one (1) through four (4) on the Subdivision Plan. PREPARED BY: 4. When the Property is developed, the Grantor shall retain those existing trees and plant those new trees as depicted on the "TREE PRESERVATION AND PLANTING EXHIBIT 2260 CHILD ERIC ROAD", prepared by WPL and dated 09/14/2007 ("Tree Planting Plan") which plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning. Each lot shall have at least double the required tree canopy. In addition, the Grantor shall dedicate a Tree Preservation and Retention Easement across the rear ten feet (10') of Lot numbered one (1) through four (4) to the mandatory membership Homeowner's Association described above in Proffer number 2. This easement shall be depicted and described on the final recorded Subdivision Plat which creates the lots. 5. When the Property is developed, all homes constructed on the lots depicted on the Subdivision Plan shall have an exterior front surface of brick and all front yards and side yards adjacent to a public street shall be sodded. 6. Further conditions may be required by the Grantee during detailed Subdivision Plan review and administration of applicable City Codes by all cognizant City agencies and departments, to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with SYJ([S. ROURDON. AJlfRN &. llVY. P.L 3 said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. FREPARED BY: SYKES. ROVRDON. AHm~ & U:VV. P.c. 4 WITNESS the following signature and seal: Grantor: By: (SEAL) STATE OF VIRGINIA cm OF VIRGINIA BEACH, to-wit: 27:!b.. day of Inc., a Virginia . &....',' . ~" ~ I" ~~ .......... iI~. :I... $ yiOTARY"'~~'" ; r _IIU8UC "'~ ~ = ~ E# 134881 .~,. i : \ .COM"'H~SION: : ;~. EXPIRES~: i ~ . . - -; ..... 913\)/2010.... .t I ", /)fA.... ..... ~ ":."I'/~"'''"'~ ",,,, ",. Al~ ,\\ "f11111111" I'RE:PARED BY' I SY1(IS. ROURDON. I ft.HfRN & LEVY. P.c. 5 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of real property located in Princess Anne Borough (formerly Seaboard Magisterial District) of the City of Virginia Beach, Virginia (formerly Princess Anne County Virginia), presently shown on the Tax Maps of the Assessor's Office of the City of Virginia Beach, Virginia as Tax Parcel 2404-44-8982-0000. The said parcel of land contains 4 acres, more or less, and is the same parcel of land devised to George Billy Cason by his father William Henry Cason in Will Book 8, at Page 112 as the house which George Billy Cason resides and 4 acres of land surrounding it. The said parcel is bounded on I the North by a 30 foot road as shown on a plat recorded in Deed Book 1638, at Page 382, . which said road provides a 30 foot right of way for this parcel to Seaboard Road, on the West by Princess Anne Woods Phase One Subdivision and Childeric Road as shown on a plat recorded in Map Book 293, at Page 82, on the South by the said Princess Anne Woods Subdivision and on the East by the land owned by the Gift of Life Church of God and Seaboard Road. This conveyance includes the right to use said 30 foot right of way for ingress and egress to and from Seaboard Road. The said parcel is shown on the Plat of Princess Anne Woods recorded in Map Book 293, at Pages 79 thru 94. GPIN: 2404-44-8982 ConditionalRezone/BalanceBuiders/Proffer FREPARED BY: SYl:I:S. ROURDON. AHffiN & lEVY. P.c. 6 - 44- Item V-M.I. APPOINTMENTS ITEM #57453 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BIKEWAYS AND TRAILS ADVISORY COMMITTEE COMMITTEE re LATE PAYMENT ON REAL ESTATE TAXES HUMAN RIGHTS COMMISSION 1III March 25, 2008 Item V-Po ADJOURNMENT - 45 - ITEM # 57454 III Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:32 P.M. a.4....~ cJ ~ y.../.~/~ ------~.I.1f1fr7------------------- Beverly 0. Hooks, CMC Chief Deputy City Clerk City of Virginia Beach Virginia ~d~;----- Mayor March 25,2008