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APRIL 8, 2008 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsv"'e - District 2 ROBERT M DYER" Centerville - District I BARBARA M. HENLEY, Princess Anne-- DIstrict 7 REBA S McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach DIstrict 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K SPORE CITY A1TORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 8 APRIL 2008 1. CITY COUNCIL WORKSHOP -Conference Room - A. PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN 1. FY 2008-2009 and 2009-2010 Operating Budget 2. FY 2008-2009 and 2009-2010 Capital Improvement Program II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE.-(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 9:00 AM 1 :30 PM V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Chaplain Bill Bainbridge Virginia Beach Police Department C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 1, 2008 G. AGENDA FOR FORMAL SESSION H. PUBLIC COMMENT 1. HISTORIC SITES ORGANIZING COMMITTEE'S RECOMMENDATIONS 1. PUBLIC HEARING 1. OPEN AIR CAFE LEASES 1. CONSENT AGENDA r K. RESOLUTIONS/ORDINANCES 1. Resolution to SUPPORT April 13-19, 2008, as the Week of the Young Child 2. Resolution HONORING WR Plaxico Burress, Virginia Beach graduate and the New York Giants' game winning touchdown pass receiver in Super Bowl XLII 3. Ordinance to AUTHORIZE the City Manager to grant Franchise Agreements re Open Air Cafes: a. New: 1. Dunes Investment Associates, LLC t/a The Beach Club Cafe, 901 Atlantic Avenue 2. Tonick, Inc. t/a Waffle Town USA, 910 Atlantic Avenue 3. First Fruits, LLC tla Tropical Smoothies Cafe, 211 25th Street b. Renewals: 1. Foggs Seafood Company t/a Waterman's, 415 Atlantic Avenue 2. Surfside Resort, Inc. t/a Fish Bones, 1211 Atlantic Avenue 3. Rockfish Sea Grill, LLC tla Rockfish I, 1601 Atlantic Avenue 4. Oceanside Investment Associates, LP tla Latitudes and Attitudes, 2101 Atlantic Avenue 5. Blaster Fries, Inc. t/a Lighthouse Beach Grill, 2417 Atlantic Avenue 6. Maria Sofia, Inc. t/a Angelo's By the Sea Cafe, 2809 Atlantic Avenue 7. Maria Sofia, Inc. t/a Angelo's By the Sea Cafe, 2809 Atlantic Avenue 8. Macias, Inc., t/a Guadalajara, 200 21st Street 4. Ordinance to ACCEPT and APPROPRIATE $309,671and $1,953,329, separately, from HUD Federal Section 8 Housing Choice Voucher Revenue to the Department of Housing and Neighborhood Preservation's FY2007-2008 budget for rental subsidies for persons living in privately owned housing. L. PLANNING 1. Application of LARISA PROPERTIES, LLC for Modification to a Conditional Use Permit {approved by City Council on June 8, 1981) to allow expansion of a existing carwash and a self- service laundry at 3612 Holland Road (DISTRICT 3 - ROSE HALL) RECOMMENDATION APPROV AL 2. Application of DONNA HOUSE for a Conditional Use Permit re a tattoo establishment (permanent makeup) at Suites 110-112, 152 Newtown Road, (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROV AL 3. Application of NEW CINGULAR WIRELESS PCS, LLC, for a Conditional Use Permit (Deferred indefinitely on November 27,2007) re a communication tower and shelter for equipment at Cavalier Golf and Yacht Club, 1052 Cardinal Road (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPRO V AL 4. Application of PROSPERITY BEACH, LLC for Modification of Proffer No.1 on a Change of Zoning re reconfiguration of the site and increase the square footage of the buildings (approved by City Council on May 9, 2006) at 1000 Eaglewood Drive (DISTRICT 3 - ROSE HALL) RECOMMENDATION APPROV AL 5. Application ofBQI GROUP, INC. for a Modification of Proffers on a Change of Zoning re the number and size of units with elimination of the garages (approved by City Council on August 10, 2004, and Deferred March 25, 2008) at Bonney Road and Windbrooke Lane. (DISTRICT 2 - KEMPSVILLE) ST AFF RECOMMENDATION PLANNINC COMMISSION RECOMMENDATION APPROV AL DENIAL 6. Application of RESIDENTIAL INVESTMENT PROPERTIES, INC. for a Change of Zoning District Classification from R-I0 Residential District to Conditional A-12 Apartment District for nine townhome style dwellings at 827 and 835 Muth Lane (DISTRICT 4 - BA YSIDE) RECOMMENDATION APPROV AL 7. Application of WEST NECK PARTNERS, LLC for a Change of Zoning District Classification from AG-l and AG-2 Agricultural District to Conditional 0-2 Office District at West Neck and North Landing Roads (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION APPROV AL 8. Application of ARGOLD DAM NECK, LLC for a Change of Zoning District Classification from R-15 Residential District and AG-l Agricultural District to Conditional R-7.5 Residential District to develop 113 single-family homes at Dam Neck Road and Southcross Drive (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION APPROV AL 9. Ordinance to AMEND ~502 ofthe Comprehensive Zoning Ordinance (CZO) and ADD g502.1 re dimensional requirements, design incentives and criteria for porches, upper floors and attached garages in R-5R Residential Resort District RECOMMENDATION WITHDRAWAL M. APPOINTMENTS HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION I I II r;: , N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS 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 CITY COUNCIL ONE-DAY RETREAT MAY 12,2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER * * CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM - 5:30 PM 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 4/8/08 www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 8, 2008 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL WORKSHOP - PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN - in the City Council Conference Room, City Hall, on Tuesday, April 8, 2008, at 9:00 A.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, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin [Entered: 9:25 A.M] April 8, 2008 ! '! - 2 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57481 The City Manager advised a Notebook had been distributed to each Member of City Council, which will encompass presentations of each Budget Workshop The Key Topics to be reviewed are Economy and Revenues, the State Budget Impact, Capital Constructing Funding, Road Construction and Maintenance, Storm Water, Water and Sewer Utilities and Facilities Maintenance and Modernization. Catheryn Whitesell, Director - Management Services, referenced the "blue one-page" FY 2009 and FY 2010 Biennial Budget Fact Sheet re Compensation, Revenues and Debt. Ms. Whitesell cited the Forecasting Methods and Results re Revenues: Methodology Survey departments regarding trends in revenues Interview local economists concerning the current and future state of the economy and review national economic forecasting projections. Rely on staff experts in offices of: Real Estate Assessor; Commissioner of the Revenue; Treasurer and Finance Monitor national and local economic trends Examine State and Federal budgets and legislative changes Examine relationships between revenues and economic variables Use the following statistical techniques: Exponential Smoothing; Auto Regressive Integrated Moving Average (AR/MA); Autoregressive Distributed Lag Models; Vector Autoregression (VAR); and Regression Analysis Monitor Variables Foreclosures Resale and new home sales prices A verage time on the market Percentage of asking price for home sold Used car prices New car registrations National new car sales and trends Average age of local vehicle New car values as a percentage of total levy Number of vehicles Collection rates Students who become of driving age Prior year collections Local retail sales by category April 8, 2008 , 'I - 3 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57481 (Continued) Monitor Variables (Continued) Relationship between national and local retail sales Military pay increases Interest rates Consumer confidence Equity extraction on a national level (local data not available) Demographics, population and migration statistics, income, employment, unemployment rate, building permits Gas prices Rainfall Monthly temperatures (for utility taxes) Consumer Price Index for "Food Away from Home", "Natural Gas Prices", and "Hotels" Military deployments Cable subscription rates and cable costs Cigarette consumption and prices (national) Movie theatre sales Ms. Whitesell displayed the Chart depicting Results: Actual Revenue Performance Compared to Estimates Relative the National and Local economy, interest rates obviously drove the housing market. In the last three or four years, thirty-year mortgage rates dropped below 6% and stayed there over that time period. This allowed more than 68% of the citizens to own a home for the first time. Demand for homes spiked regionally, statewide and nationally. Construction remained steady over the period of time monitored. The number of Building Permits has decreased for the last two (2) months, approximately forty-one percent (41%) As Jerald Banagan, Real Estate Assessor, mentioned, median home prices have "flattened". Virginia Beach is adided by the mix of employment. Virginia Beach Private Enterprises Receiving Military Contracts Tesoro Amsec SF A, Inc. Capstone Skanska Linxx Global Technical Systems $53.3-MILLION $31.5-MlLLION $35.0-MILLION $15.5-MILLION $15.0-MILLION $ 8.5-MILLION $47.9-MILLION April 8, 2008 I I II - 4 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57481 (Continued) Foreclosures are still well below historic levels. Only three hundred seven (307) homes are in foreclosure. Three hundred homes represent less than .2% of the total housing stock. Inflation remains relatively low. Tourism will flourish and the Military provides a buffer. Current Revenue Trends . Sales related revenues are performing below historical norms: General Sales: 1.4% through the jiscal year compared to 5.8% over the last 5 years _ Meal: 3.4% through thejiscal year compared to 7.6% over the last 5 years _ Business License: negative growth in FY 06/07 and approximately 4.0% through the jiscal year compared to 6.6% over the last 5 years Real Estate Tax @ $.89 cents - Each penny generates $5,435,109 Million Virginia Beach imposes the lowest real estate tax. A verage home values, however, are generally higher in Virginia Beach. This is attributable to higher land values (schools, low crime rate, recreational amenities are capitalized into land values) and larger home sizes/more home amenities. The Schools receive 51.3% of the Real Estate Tax through the Revenue Sharing Formula. The City dedicates 0.9 cent to the Agriculture Reserve Program, and 3.946 cents to Parks and Recreation needs (recreation centers and outdoor initiatives). The 10-year growth rate, adjustedfor rate changes, is 6.8%. - Rate Comparisons: Va Beach Chesapeake - Norfolk - Portsmouth - Suffolk - Hampton - Newport News $ .89 $1. 06 $1.11 $1.21 $ .94 $1.06 $1.10 FY 2009 Revenue Estimate = $483.7-MILLION Excludes TIF's and SSD's April 8, 2008 I I II - 5 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program Personal Property @ $3.70 . Each 10 cents generates approximately $3.3 MILLION (.61 cents of R.E. tax) . Any rate increases would be borne 100% by the citizens and not subject to the State's Personal Property Tax Relief Act . The Schools receive 51.3% of the Personal Property Tax through the Revenue Sharing Formula · The 10-year growth rate is 6. 7% Rate Comparisons (City lowered the rate .10 in FY 95): Va Beach $3.70 -- Suffolk $4.25 - Chesapeake $4.08 -- Hampton $4.25 - Norfolk $4.25 -- Newport News $4.25 - Portsmouth $5.00 Personal Property - Machinery and Tools . Each dollar generates $1.33 MILLION (.25 cents of the R.E. tax) · The 10-year growth rate is 6.3% · Rate Comparisons Va Beach $1.90@33% of original costs (=z$.63/$100) - Chesapeake $3.20@20% of original costs (=z$.64/$100) - Norfolk $4.25 @ 40% of original costs (=z$1. 70/$100) - Portsmouth $3.00@50% of original costs (=z$1.50/$100) - Suffolk $3.15@20% of original costs (=z$.63/$100) for - Hampton $3.50@35% of original costs (=z$1.225/$100) - Newport News $3.50@33.3% of original costs (=z$1.167/$100) FY 2009 Revenue Estimates =z $2.53-MILLION Personal Property - Boat Tax . Proposed increase of Boat Tax on pleasure craft at $1.00 to fund dredging projects and for equity reasons. This allows the reduction in the tax on recreational vehicles and commercial boats . ODU study and City analysis reveal that elimination of the boat tax did not generate sufficient other revenues to offset the tax loss. Rate Comparisons: Va Beach Chesapeake - Norfolk Portsmouth Suffolk Hampton Newport News $. ()()()()() 1 $.01 $.50 $df} $1.50 $.000001 $.000001 proposed at $1.00 proposed at $.01 April 8, 2008 I I II I - 6 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57481 (Continued) General Sales . 5% state-wide sales tax distributed as follows: 1% to localities; 1% to education fund, which is redistributed to localities (based on a formula of school-age population); 2% state general fund; ~% state transportation; ~% for education and another ~% for education or tax relief (Virginia Beach chose tax relief). . Each 1% generates $56.0 MILLION (10.31 cents of the R.E. Tax). · The 10-year growth rate is 4.8%. . To change this tax, General Assembly action is required FY 2009 Revenue Estimate = $56.0-MILLION Business Professional Occupancy License Tax . Tax on gross receipts at the following rates (for sales over $100,000): Wholesalers: $.12 per $100 Contracting: $.16 per $100 - Retail: $.20 per $100 Repair, Personal, and Business Services: $.36 per $100 Utilities: $.50 per $100 Financial, R.E., and Professional Services: $.58 per $100. Business with gross receipts of less than $100,000 pay the following: $0 -$25,000: flat $40 fee $25,001 - $100,000: flat $50 fee · The 10-year growth rate of BPOL is 5.5%. To change this tax, General Assembly action is required FY 2009 Revenue Estimate = $43.2-MLLION Utility Tax . Virginia Beach's residential utility tax for electric and gas is at the state cap ($3.0 per month per each utility service). . Virginia Beach has discretionary authority to raise the commercial utility tax on electric and gas. Our current taxing structure, which is similar to other localities, is based on tiers of energy usage. However, Virginia Beach imposes rates that are between the highest and lowest rates in the area. . The School's receive 51.3% of the Utility Tax through the Revenue Sharing Formula . The 10-year growth rate, adjustedfor rate changes, of utility taxes is 1.4% . With the new Virginia Telecommunications Tax, localities do not have the ability to change the telecommunication rates for land lines, cell phones, E911, and cable TV once current franchise agreements expire (ours expires in 2016). FY 2009 Revenue Estimate = $49.0-MILLION April 8, 2008 I I II - 7 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57481 (Continued) Deeds Tax . City recordation tax is one-third of the state tax, currently at 25-cents per $100 of value or fraction thereof of the mortgage and/or purchase price. (City tax is 8-1/3 cents per $100). . City grantors tax is ~ the state tax currently at 10 cents per $100 ofpurchase price (city portion is 5 cents per $100) . The 10-year growth rate is 12.1% (adjustedfor rate change). . To change this tax, General Assembly action is required. FY 2009 Revenue Estimate = $8.0-MILLION Meal Tax@5.5% . Each 1% generates $8.9-MILLION (1.63 cents of Real Estate tax) . Meal tax is dedicated as follows: 3.5% to the General Fund; .5% to the Tourism Growth Investment Fund; .5% to the Tourism Advertising Program; .56% to the Major Projects Fund; and .44% to the Open Space Fund. . The 10-year growth rate, adjusted for rate changes, is 6.3%. . Rate Comparisons*: Va Beach 5.5% Chesapeake 5.5% - Norfolk 6.5% - Portsmouth 6.5% - Suffolk 6.5% - Hampton 6.5% - Newport News 6.5% * 5.0% state sales tax is also applied to meal purchases Note: The last rate change in Virginia Beach occurred in May 2001 when the meal tax increasedfrom 4.5% to 5.5%. FY 2009 Revenue Estimate = $48.7-MILLION April 8, 2008 I, I II i - 8 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57481 (Continued) Hotel Tax@8% . Each 1% generates $2.74 -MILLION (.50 cents of Real Estate. tax) . The Hotel tax is dedicated as follows: 2% for the Tourism Growth Investment Fund; 1% for the Tourism Advertising Program; .5% for Beach Events; 2.5% for the Major Projects Fund; 2% General Fund. . The 10-year growth rate, adjustedfor rate changes, is 5.9%. · Rate Comparisons*: Va Beach 8.0% - Norfolk 8.0% - Portsmouth 8.0% - Suffolk 6.0% - Hampton 8.0% - Newport News 7.5% . 5.0% state sales tax is also applied to meal purchases . Note: The last rate change in Virginia Beach occurred May 2001 when the hotel tax increased from 5.5% to 8.0%. FY 2009 Revenue Estimate = $24.1-MILLION (includesflat room tax) Permits, Fees, Fines, Charges for Services . Collectively, these represent 12.2% of total City revenues (only 3.4% of General Fund revenues). . Following recommendations of the Blue Ribbon Task Force, staff has reviewed charges/fees of a significant amount to determine: Whether charges are capped by the Code of Virginia The last time the charges were raised The potential impacts if fees are raised (could raising a charge discourage the use of the service or change behaviors?) The levels of such charges imposed by neighboring localities The percentage of cost recovered for charges for services delivered to citizens - Are there charges that could be imposed that are not charged but authorized in the Code of Virginia? Help reduce reliance on taxes/diversifY revenue sources FY 2009 Revenue Estimate = $215.1-MILLION April 8, 2008 - 9 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57481 (Continued) Proposed Fee Increases Old Fee New Fee Notes Department Parks & Recreation .Operations & Services .Operations & Services .lynnhaven Boat Ramp $5 $5 $6 .Athletics .Athletics .Athletics .Athletics .Athletics .Owl Creek Tennis Center Owl Creek Tennis Center .Recreation Centers _Recreation Centers .Recreation Centers _Recreation Centers _Recreation Centers .Community Recreation Svcs .Community Recreation Sv cs .Community Recreation Svcs _Recreation Centers .Recreation Centers _Recreation Centers _Recreation Centers _Recreation Centers $450 $450 $350 $375 $250 $6.30 per hour $5 per hour $55 $44 $22 $187 $59 $68 per week $77 per week $87 per week $100 per week $115 per week $130 per week $2 per hour Various $6 $6 $7 $500 $475 $375 $400 $300 $8.75 per hour $7 per hour $66 $53 $27 $280 $98 $79 per week $89 per week $89 per week $118 per week $125 per week $135 per week $3 per hour All sessions 20% increase Little Island Park Fishing Pier Munden Point Boat Ramp launch Boat Ramp launch ($12-$14 without a saltwater fishing license) Adult Softball Teams Church Basketball Teams Law Enforcement Basketball Teams Adult Volleyball Teams Girls Fast Pitch Softball Teams Open Court Rental VBTP A Court Rental Annual Membership - Adult Annual Membership - Senior Annual Membership - Youth Annual Membership-Non Resident 3 Month Membership-Non Resident KidzQuest - Afterschool Program KidzQuest - Summer Camp Middle School Mania - Summer Camp Afterschool Program Summer Camp Program Teen Summer Camp Program Aerobics Personal Training Proposed Fee Increases Department Old Fee New Fee Notes Fire .Inspection Fee $0 $50 Charged to all inspections to recover costs of equipment for inspection Police .False Alarm Fee $25 $150 - Fee will apply only after 2 prior Residential false alarms $250 - Commercial Planning .Moving & Hauling Blanket Permits $300 $500 .Single Trip Permits $75 $100 .Restricted Permits $75 $100 .Civil Permits $75 $100 .Logging $300 $500 .Right of Way Permits $75 $100 .Utility Single Permits $75 $100 .Utility Blanket Permits $300 $500 37 I 'I 38 April 8, 2008 - 10 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57481 (Continued) Proposed Fee Increases Department Old Fee Housing & Neighborhood Preservation New Fee Notes .Administrative Fee $100 .Inoperable Vehicles $0 .Rentallnspection Fee $0 Public Utilities .Sewer Fees $325 .Pump Fees $1,000 .Landscaping $1,000 .Drainage Fixture Unit $56 .Drainage Fixture Unit $66 .Delinquent Fees $0 .Sale of Water $3.80 .Monthly Sewer $17.72 $150 Clearing & Contract Nuisance Abatement Towing Inoperable Vehicles Certificate of Compliance $150 $50 $756/ $1,187 Sewer Pump Station Flow Fees $1,333/ $1,666 Portable Pump Fees $1,570/ $1,639 Contrib.-Pump Station Landscaping $59 Sewer Main Extensions $79 Water Resource Recovery Fees $92 $1.50 Water & Sewer $3.95 / $4.10 Water Usage per 1,000 gallons $18,61/ $19.54 Monthly Sewer Charges 39 Proposed Fee Increases Department Old Fee New Fee Notes Museums .Cultural & Recreational $0 $4,50 IMAX Theater Admission - 4D Convention and Visitors Bureau .Convention Center 15% 20% 3rd Party Provider Markup .Visitor Information Center $0 10% and 20% Sales Outlet to Major Area of Gross Ticket Attractions Prices .Resort Management Offices $0 500 per park / Fee for Private Usage of day Oceanfront Parks, Beach and $50 per block / Boardwalk Events day Public Works .Yard Waste Containers $30 per day $40 Monday- Thursday $75 Weekends (Friday - Sunday) I I II 40 April 8, 2008 I I II - 11 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57481 (Continued) Robert Matthias, Assistant to the City Manager, advised the General Assembly has recessed and will be back in Special Veto Session, on April 23, 2008. State Budget Impact . Homestead provision defeated for this year; if reintroduced, such a provision would require three years before it could take effect. Loss would have been approximately $60-MILLION . City lost $ 685,000 in 599 funding in FY 08/09 (reimbursement for law enforcement) The State eliminated local ABC Profits and Share of Wine tax resulting in a revenue loss of $511,000 in FY 08/09. . City experienced a $56-MILLION reduction in state roadway funding over the next six years. Position freeze remains in effect for Constitutional Offices. . State will provide a 2% salary increase for Constitutional Officer employees (effective December 1, 2008) . Additionalfundingfor Mental Health; the exact is not known. . Basic aid for education is up 7% for Virginia Beach for FY 08/09. . No state funds provided for teacher pay in year 1 and 2% in year 2, effective December 2009. . Re-benchmarking cost State $900 MILLION over the biennium. . State may provide $10-MILLION for acquisition of Norfolk and Southern right-ofway. . State will provide $7.5-MILLION in BRAC funding in each year of the Biennium. . No state funding provided for Aquarium and Contemporary Arts Center or other "non-state agencies ". . Status of City projects included in Bond package: Joint Use Library and TCC projects to be decided during the Special Session in late April . Additional revenue reductions as a result of the General Assembly's $50-MILLION reduction in local aid. . Proposed budget includes a $2.5-MILLION place holder against state revenues losses City Council Direction needed City's non-supplanting policy would assign the reduction to specific programs · Alternative is to reduce revenues generally April 8, 2008 I I II - 12 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57481 (Continued) David Bradley, Resource and Management Services Administrator, spoke relative the Capital Improvement Program Financing: Sources and Allocation of Funding, how much Funding is available - capacity and major financing concerns. CIP FUNDING SOURCES · Pay-as-you-go _ Dedicated Funding (TGIF, Cigarette Tax, TIFs, SSDs, School Funding Formula) and Non-Dedicated Funding Fund Balance State - Lottery Funds, School Construction Funds, First Cities, VDOT Maintenance, Grants · Federal - Sand Replenishment, Dredging, Grants · Bonds General Obligation, Revenue, and Public Facility Revenue Bonds How CIP Dollars are Allocated . Move funding from years 3 - 6 of Adopted FY 2007 CIP to years 1 - 4 of Proposed CIP Ensure funding sources still valid . Allocate funding that is specific to CIP sections in years 5 through 6 . Charter Bond usage in years 5 - 6 based on highest priority projects Pay-as-you-go Increases . Strategic Growth Areas: Dredging Program: Schools: Water and Sewer: Storm Water: Sandbridge SSD and TIF: $ 3-MILLION $ l-MILLION $ l.8-MILLION $.8-MILLION $l.l-MILLION $2.l-MILLION . . . . Debt Financing entails two important calculations: Charter Bonds and Debt Per Capita. April 8, 2008 - 13 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57481 (Continued) Projected Charter Bond Availability January 2008 (in MILLIONS) Fiscal Year 09 10 11 12 13 14 Planned Use in FY 200~ $57.1 $61.7 $52.8 $50.5 CIP - - Available $11.8 $0.8 ~15 $15.6 $66.6 $64.6 Use of Charter Bonds $70 $60 $50 Vl c: $40 ~ ~ $30 $20 $10 $0 $)" $)'0 ~<J' ~..<j <<4. <<4. ')>"> ~~ <<4. ..... ~. 4.<61 << ...... ... ~" <<4. ...:-'" ~..."> ~... ~... <<4. <<4. ...~ .,. ~... <<4. ~ ')>'1> ~~ i' <<4. <<4. Iiiil Schools. Roadways 0 Buildings & CIT IEl Parks & Recreation. Utilities IEl Coastal. Economic & Tourism 59 Major Financing Concerns . Transportation Funding - $56-MILLION reduction . Education CIP - U+.-9 $56.5-MILLION out of Balance · Federal Fundingfor Sand Replenishment I I II April 8, 2008 I II - 14 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57481 (Continued) Jason Cosby - Director, Public Works, detailed the Department of Public Works Budget. John Fowler, P.E. City Engineer and Tabitha Crowder, P.E. Engineer V, discussed ClP Transportation and Roads. Public Works Budget Mission To sustain and improve the physical and environmental quality of the City for the benefit of its citizens. To this end we plan fOf, acquire, build, operate and maintain public infrastructure; manage the automotive fleet; manage residential solid waste; and provide mosquito control services. 2009 Proposed StOllTlWcl.er Waste --- Proaram Impacts . Proposed SW fee increased to help achieve water quality goals and minimized flooding 'Fuel and energy costs are 15% of budget ($19M) 'DVP anticipates 10% increase on July 1 which will increase costs $1 M 'VDOT cut SYIP by 44% ($56M) -Cost of construction related materials increasing more than inflation 'Roadway resurfacing cycle at 23 years . Increase fees for yard debris trailers to cover cost of operations .$1.6 M reduction in vehicle replacements means 46 vehicles/equipment will not be replaced 200?MwI 2008 Adp""td 2OO~fI~oted % ChIll", J01CPwp'\'l5fd i AIirlU'istralion 7,~OO,218 1,403;331 7iil17J30 ... 1,8l6,4J6 . WIlttMa-.menl J9,906,92~ 29.'03,032 JO,Cst,,,"t ,.. 30,646,162 EUFI<'tnnjl; M28,91~ 7,2112,l~1 8,m'9~ ".. 3,23"1,770 Hij'llnys 11.16",117 18,OOHI!i4 11,6i4)o6 .2'" 11,944,7!i~ ~~~~- _.:~E~!.~! .. .._.!~.:.!.~~~~~.... ..._~~.~~.~!.~~. ... ...m)" : Stow.. 19,127,197 2U69J611 nm,966 ,.. 2~,6.H,~} l Cily G _.,fuds 14,016,420 1.5,681.631 U.394.aO~ .,.. lj,~,m 0,," , ~ ~ .~ -13'" ~ i T.' 11l6,6&!l,m 121,400)03 124,989,974 ,.. 127,&0',147 Program Impacts . Dredging projects funded with increased boat tax . Eliminate $1.2-MlLLION operating costs to achieve target funding . Converted 14 buildings from contract custodial to in- house at savings of $50,000 . Reduced cleaning of beaches after storms . Elimination of an Electrician position that provided support to vendors for special events at the Oceanfront April 8, 2008 - 15 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57481 (Continued) Non Discretionary Fixed Obligations SPSA Tipping Fees Recycling Contract Street Lights Building Utilities Internal Services Weekly Waste Collection Building Maintenance Contracts Cost of Goods Sold Transfers to Other Funds Total Building Maintenance Contracts Street Lights Weekly Waste Internal Services Collection $10.975.771 5,070,740 5.988,458 6,605,450 8,842,599 11,441,549 645,915 8,320.785 10,904.713 $68,795.980 Revenues VDOT Maintenance -GF VDOT Maint - SW SW Fees City Garages/Fuels Other Oty GamgeslFuels Obiectives 31,994,091 5,868,739 17,432,900 15,394,865 6,731,468 VDOT MainlenalCe -GF Provide weekly waste collection and bi-weekly recycling Maintain City's infrastructure to preserve its investment Provide project management for City Council priority projects Enhance Storm Water Quality Enhance coastal and beach recreational opportunities , I 'I April 8, 2008 I I II - 16 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57481 (Continued) Results Collect 168,000 tons of MSU, 41 K tons of yard debris, and 40K tons of recyclables 3,500 L.M Streets, 4.3-MILLION feet buildings, 3,800 vehicles & equipment 230 projects in CIP Lynnhaven Environmental Restoration, No Discharge Zones, TMDL Plans, SW retrofits Resort and Sandbridge Bbeach nourishment, dredging of inlets and waterways, beach access walkways John Fowler, P.E. City Engineer and Tabitha Crowder, P.E. Engineer V, discussed CIP Transportation and Roads. Mark Gemender, P.E. Operatins Engineer, spoke re Street Maintenance and Operations. . Four General Categories of Projects . Major Roadway Projects (Congestion Relief/Capacity Improvement) . Safety Improvement Programs . Special Projects . Maintenance Projects/Programs Types of Projects in the Roadways CIP Congestion Relief/Capacity Improvements, (22), $144,868,949 Maintenance, (4), $54,250,982 Safety, (7), $8,574,319 Total- $293,916,208 There are two (2) major sources offunding Local (City) and State. The proposed Capital Improvement revision to reflect the Virginia Department of Transportation's 44% reduction was provided: April 8, 2008 - 17 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57481 (Continued) . Public Works was requested to revise the proposed Roadways CIP based on VDOT preliminary funding estimates. . Based on the current VDOT SYIP, five major projects could be impacted. . Princess Anne Road Phase IV (Legacy - Acquisition) . Nimmo Parkway Phase VA - (Legacy - Acquisition) . Princess Anne Road/Kempsville Road Intersection (UCI - Acquisition) . Witchduck Road Phase I (UCI - Acquisition) . Witchduck Road Phase II (UCI - Design) . Strategy was to redirect City funding to absorb the VDOT reduction. . This impacts the City Manager's submitted budget. . Projects Delayed . Buckner Boulevard Extended . First Colonial Road/Va. Beach Boulevard Int. . Lynnhaven Parkway/International Parkway Int. . Princess Anne Road Phase VII . Pembroke Area Transportation Improvements . Elbow Road Extended Phase II . Once VDOT numbers are finalized, staff will provide additional funding recommendations, as needed. Urban Funding . Thirteen (13) projects with Urban Funding in the CIP . Birdneck Road Phase II (Legacy - Under Construction) . Lynnhaven Parkway Phase IX (Legacy - Under Construction) . Nimmo Parkway Phase VA (Legacy - Acquisition) . Princess Anne Road Phase IV (Legacy - Acquisition) . Princess Anne Road/Kempsville Road Intersection (UCI - Acquisition) . Witchduck Road Phase I (UCI - Acquisition) . Witchduck Road Phase II (UCI - Design) . Laskin Road Phase I (Legacy- Acquisition) . Elbow Road Extended Phase II (UCI - Acquisition) . Indian River Road Phase VII (UCI - Acquisition) . Lynnhaven Parkway Phase XI (Legacy - Acquisition) . Holland Road Phase VI (Legacy - Acquisition) . Laskin Road Phase II (UCI - Design) I I II April 8, 2008 - 18 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57481 (Continued) Summary of Other City Funded Congestion Relief Projects . Fully Funded . Baker Road Extended . Constitution Drive Extended . Salem Road/Princess Anne Road Intersection . Seaboard Road . Wesleyan Drive . Partially Funded . Buckner Boulevard Extended . First Colonial Road/Va. Beach Blvd Intersection . Lynnhaven Parkway/International Parkway Int. . Princess Anne Road Phase VII Pending Revisions to the Proposed Capital Improvement Program . Funded only for corridor preservation . Elbow Road Extended Phase II . Indian River Road Phase VII . Redirect available funding to the following . First Colonial Road/Va Beach Boulevard Int. . Princess Anne Road Phase VII . Lynnhaven Parkway/International Parkway Int. . Buckner Boulevard Cost Participation Types of Projects in the Roadways CIP Maintenance, (4), $54,250,982 Congestion Relief/Capacity Improvements, (22), $144,868,949 Safety, (7), $8,574,319 Total- $293,916,208 I I April 8, 2008 I I - 19 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57481 (Continued) . Major Bridge Rehabilitation 2-263 $3,960,000 FY 08-14 / $660,000 per year . Pavement Maintenance Program 2-129 $48,790,982 FY 08-14 / $8, 130, 000 per year average . Street Reconstruction 2-031 $ 900,000 FY 08-14 / $150,000 per year . Traffic Signal Rehabilitation 2-052 $600,000 FY 08-14 / $100,000 per year Current Pavement Program . City maintains over 3,530 lane miles of roadways . Goal is 15-year rehabilitation cycle and to maintain ALL streets with a Pavement Quality Index (PQI) of 7. 0 or greater. (1-10) . Current City wide PQI = 7.18 The City Manager advised the following would be rescheduled for March 15, 2008, City Council Workshop: Public Works - Stormwater Program Public Utilities - Water and Sanitary Sewer Programs Facilities The City Council RECESSED for lunch at 12:30 P.M. April 8, 2008 - 20- April 8, 2008 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL SESSION re City Council Comments in the City Council Conference Room, City Hall, on Tuesday, April 8, 2008, at 1:30 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 Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin [Entered: 1:43 P.MJ April 8, 2008 I I - 21 - CITY COUNCIL COMMENTS 1:30 P.M. ITEM # 57482 Councilman Villanueva referenced the recognition to honor Plaxico Burress who delivered the winning Touchdown for the New York Giants, winning Super Bowl XLII. The celebration will be at the Sandier Center for the Performing Arts, Saturday, April 12, 2008. ITEM # 57483 Council Lady Wilson referenced her attendance at the Virginia Municipal League meeting in Arlington, Virginia. Council Lady Wilson advised Arlington has published a small brochure entitled: Car-Free Diet" (Arlington County Commuter Services). This is an attempt to get people out of their cars and utilize other types of transportation as they travel on Arlington's extensive system of trails, paths and bike lanes. People in the Washington, DC area spend the Nation's second highest amount of time waiting in traffic. The publication references the funds saved "by not" driving one's car. With all the roads, Arlington is making sure a bike path is included. There is an 80-mile system of trails and on-street routes, beautiful, scenic bicycle tours, bike-friendly trains and buses and secure bike local facilities. In 2005, the American Podiatric Medical Association named Arlington the best walking city in the country. With so many places to live, work, and play within walking distance of each other, its easy to see why. People who commute to work in ways other than driving alone save an average of 200 gallons of gasoline per year. Council Lady Wilson also referenced the "Green Government Challenge" of the Virginia Municipal League. Virginia Beach was not on the list of participants. The City Manager advised a forum is being held at the Convention Center and Virginia Beach is definitely participating. Mayor Oberndorf advised she signed the National listing sponsored by the Mayors and Chairs Commission ITEM # 57484 Mayor Oberndorf, Councilman Dyer and the City Manager attended the School Board's presentation by Dr. Marvin Cetron (the Futurist gentleman) last Wednesday, April 2, 2008. Councilman Dyer will bring forward some brochures to City Council's forthcoming Retreat May 12, 2008. April 8, 2008 1 ,I - 22- AGE N DA REV IE W S E S S ION 1:40 P.M. ITEM # 57485 4. Ordinance to ACCEPT andAPPROPRIATE $309,671and $1,953,329, separately,from HUD Federal Section 8 Housing Choice Voucher Revenue to the Department of Housing and Neighborhood Preservation's FY2007-2008 budget for rental subsidies for persons living in privately owned housing. Council Lady McClanan inquired the number of staff working on just Section 8. There are eight (8) housing specialists, some supervisoryladministrative, for a total of approximately fourteen (14) or fifteen (15). Council Lady McClanan believes some of this money would be better expended in assisting the group that utilizes the housing. Andy Friedman, Director of Housing and Neighborhood Preservation, advised administrative costs are less than 10% offunds expended. 1,900 households are under lease. Each of the eight (8) Specialists are handling over two hundred twenty-five per year. These Specialists are constantly undergoing recertification process. Councilman DeSteph inquired if seven (7) needed to supervise eight (8)? Mr. Friedman advised there are only two (2) supervisors and an administrator with inspectors and support staff. Mr. Friedman will provide details relative the staffing ITEM # 57486 BYCONSENSUS, thefollowing items shall compose the CONSENT AGENDA: K. RESOLUTIONS/ ORDINANCES 1. Resolution to SUPPORT April 13-19, 2008, as the Week of the Young Child 2. Resolution HONORING WR Plaxico Burress, Virginia Beach graduate and the New York Giants' game winning touchdown pass receiver in Super Bowl XLII 3. Ordinance to AUTHORIZE the City Manager to grant Franchise Agreements re Open Air Cafes: a. New: 1. Dunes Investment Associates, LLC tla The Beach Club Cafe, 901 Atlantic Avenue 2. Tonick, Inc. tla Waffle Town USA, 910 Atlantic Avenue 3. First Fruits, LLC tla Tropical Smoothies Cafe, 211 25th Street b. Renewals: 1. Foggs Seafood Company tla Waterman's, 415 Atlantic Avenue 2. Surfside Resort, Inc. tla Fish Bones, 1211 Atlantic Avenue 3. Roclifish Sea Grill, LLC tla Roclifish I, 1601 Atlantic Avenue 4. Oceanside Investment Associates, LP tla Latitudes and Attitudes, 2101 Atlantic Avenue 5. Blaster Fries, Inc. tla Lighthouse Beach Grill, 2417 Atlantic Avenue 6. Maria Sofia, Inc. tla Angelo's By the Sea Cafe, 2809 Atlantic Avenue 7. Maria Sofia, Inc. tla Angelo's By the Sea Cafe, 2809 Atlantic Avenue 8. Macias, Inc., tla Guadalajara, 2002yt Street April 8, 2008 II - 23 - AGE N DA REV I E W S E S S ION ITEM # 57486 (Continued) 4. Ordinance to ACCEPT and APPROPRIATE $309, 671and $1,953,329, separately, from HUD Federal Section 8 Housing Choice Voucher Revenue to the Department of Housing and Neighborhood Preservation's FY2007-2008 budget for rental subsidies for persons living in privately owned housing. April 8, 2008 I I - 24- AGE N DA REV IE W S E S S ION ITEM # 57487 9. Ordinance to AMEND ~502 of the Comprehensive Zoning Ordinance (CZO) and ADD ~502.1 re dimensional requirements, design incentives and criteriafor porches, upper floors and attached garages in R-5R Residential Resort District Councilman Wood advised ninety-five (95%) percent of this application impacts the Lynnhaven District, with some portions affecting Bayside. The Planning Commission established a Committee to work with property owners and developers. Both sides were completely dissatisfied with the results. City staff has spoken to the various civic leaders advising this Ordinance will be WITHDRA WN. The representatives requested a separate committee be formed consisting of a broader group of stakeholders. The City Attorney advised the City can WITHDRA W this Ordinance as they had brought IT forward ITEM # 57488 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Application of LARISA PROPERTIES, LLC for Modification to a Conditional Use Permit (approved by City Council on June 8, 1981) to allow expansion of a existing carwash and a self-service laundry at 3612 Holland Road (DISTRICT 3 - ROSE HALL) 2. Application of DONNA HOUSE for a Conditional Use Permit re a tattoo establishment (permanent makeup) at Suites 110-112,152 Newtown Road, (DISTRICT 2- KEMPSVILLE) 3. Application of NEW CINGULAR WIRELESS PCS, LLC, for a Conditional Use Permit (Deferred indefinitely on November 27, 2007) re a communication tower and shelter for equipment at Cavalier Golf and Yacht Club, 1052 Cardinal Road (DISTRICT 5 - LYNNHA VEN) 4. Application of PROSPERITY BEA CH, LLC for Modification of Proffer No.1 on a Change of Zoning re reconfiguration of the site and increase the square footage of the buildings (approved by City Council on May 9, 2006) at 1000 Eaglewood Drive (DISTRICT 3 - ROSE HALL) 5. Application of RESIDENTIAL INVESTMENT PROPERTIES, INC. for a Change of Zoning District Classification from R-I0 Residential District to Conditional A-12 Apartment Districtfor nine townhome style dwellings at 827 and 835 Muth Lane (DISTRICT 4 - BAYSIDE) Council Lady McClanan will support Item L.1. LaRISA PROPERTIES, LLC.) with the understanding the applicant will not encroach into the Alabama Avenue Paper Street April 8, 2008 I I - 25 - ITEM # 57489 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, Agencies and Appointees 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: Interfacility Traffic Area Convention Center Hotel 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) Convention Center Hotel Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 1:55 P.M. April 8, 2008 - 26- ITEM # 57489 (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: 1:55 P.M. - 3:10 P.M.) (City Auditor Closed Session 3:10 P.M. - 5:30 P.M.) (Dinner: 5:30 P.M. - 5:50 P.M.) I I April 8, 2008 I I - 27- FORMALSESSION VIRGINIA BEACH CITY COUNCIL April 8, 2008 6:00 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, April 8, 2008, at 6:00 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION:' Chaplain Bill Bainbridge Virginia Beach Police Department 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. April 8, 2008 II - 28 - 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. April 8, 2008 I I - 29- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 57490 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: 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 April 8, 2008 I 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 # 57489, Page 25, 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 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. April 8, 2008 II - 30- Item V- F.l ITEM # 57491 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of April 1, 2008. Voting: IO-O 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, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Abstained: John E. Uhrin Council Members Absent: None Councilman Uhrin ABSTAINED as he was not in attendance during the City Council Session of April I, 2008. Councilman Uhrin was out of the City and became engaged. April 8, 2008 Item V-G.} ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: , 1 ,I - 31 - ITEM # 57492 AGENDA FOR THE FORMAL SESSION April 8, 2008 I I - 32 - Item V-H.1. PUBLIC COMMENT ITEM 57493 Mayor Oberndorf INVITED PUBLIC COMMENT: HISTORIC SITES ORGANIZING COMMITTEE'S RECOMMENDATION The following registered to speak: Jorja Gean, 1400 Mediterranean Avenue, Phone: 428-0299, President and Representation - Friends of the Adam Thoroughgood House, registered in SUPPORT Judy Connors, long time advocate of Historic Preservation, spoke in SUPPORT and urged adoption of the Historic Sites Organizing Committee's recommendations. Trish Duncan, 4617 Thoroughgood Drive, Phone: 333-1743, life long resident of Virginia Beach, currently Vice President - Friends of Francis Land House organization. Volunteer for the past nine (9) years with Historic Houses in Virginia Beach. Ms. Duncan is an Interpreter and has worked in special eventsfor the Francis Land House, Lynnhaven House and the Thoroughgood House. Ms. Duncan spoke in SUPPORT of the Historic Sites Organizing Committee's recommendations. Anne Henry, 506 2th Street, Phone: 428-5962, expressed concern re the Foundation only supporting the three (3) houses owned and operated by the City (Adam Thoroughgood, Lynnhaven and Francis Land Houses). There are other historic properties owned, but not operated by the City. The Historical Society has been working many years to make ends meet and take care of historic property. The Historical Society has never askedfor or received any City funds. The Foundation should have a broader scope. John Baillio, President - Princess Anne County/Virginia Beach Historical Society, expressed appreciation to the Historic Sites Organizing Committee for volunteering 'hundreds of hours The proposed Foundation presents and identify dilemma for the Historical Society (composed of 300 members. The Society has two (2) missions conducting events and programs focusing awareness on the history of the City and the maintenance of Upper Wolfsnare with an investment account of$60, 000. At least fifty (50) of the Historical Society members were involved in History Fest. The kitchen in Wolfsnare is in desperate repair. In the long term, the Historic Sites Organizing Committee will be an asset to the City and will evolve, amend and change parts of its Mission Statement and structure. In the immediate future, the Historical Society hopes the Historic Sites Foundation, in terms of mission statement, marketing brochures, letterheads, etc will, with some degree of clarity, differentiate their product so the public understands the Lynnhaven House, the Francis Land House and the Thoroughgood House represent their primary interest. Phyllis Sawyer 2737 Princess Anne Road, Phone: 427-1151, Historian - St. John's Baptist Church, and Member - Historical Society. Ms. Sawyer expressed concern re continued loss of historic homes. Ms. Sawyer referenced the Buffington-Whitehurst House and requested the Foundation also support the other historic homes. Herb Verhaagen, President, Back Bay Wildlife Guild, parent organization of the Atlantic Wildfowl Heritage Museum at the De Witt Cottage. The Guild ha approximately 170 members and has expended over $180,000 and 50,000 man hours in the Museum since opening in 1995. The Guild is concerned about funding and the pending proposals pertinent to the historic sites. The Foundation should include all historic sites in the City. April 8, 2008 I I II , - 33 - Item V-H.i. PUBLIC COMMENT ITEM 57493 (Continued) Mac Rawls, 612 Thalia Road, President - Preservation Partnership, spoke in SUPPORT of the Historic Sites Organizing Committee recommendations. A listing of the fifty (50) most historic properties will soon be published. Robert G. Jones, 2716 Robin Drive, Chairman - Historic Sites Organizing Committee. Mr. Jones advised he did not note in his presentation to City Council on March 25, 2008, the Historic Sites Organizing Committee was a majority report, and not necessarily the views of all members. Historic Preservation is a very complex problem. The Foundation will expand. These three (3) homes will encourage the premise of preservation forward in the City. Belinda Nash, 801 Cathedral Drive, Phone: 490-2504, Treasurer - Ferry Plantation House, services are provided to the community and local tax base, such as conducting standard tours of learning for the Virginia Beach Schools, administering executive programs to the local Scout Troops and providing learning and environmental habits for children through the Summer Camps and year 'round educational classes. In order to better serve the community in these capacities, Ferry Plantation House is requesting to be included in the Virginia Beach Historic Sites Foundation. Allfunds have been raised by Ferry Plantation House which has been in operationfor twelve (12) years. In 2007, $66,800 was raised and expended only on restoration and preservation of the House. Since 1996, this small group has raised $168,000, which has been placed back into the House. Barbara E. Vaughan, 2621 North Landing Road, Phone: 427-1833 spoke in OPPOSITION to the Historic Sites Organizing Committee. Ms. Vaughan was a member and she stated this Committee failed to do anything, except establish the Foundation which would safeguard the Adam Thoroughgood, Lynnhaven and Francis Land Houses. Ms. Vaughan requested a Revolving Fund be established. There being no speakers, Mayor Oberndorf CLOSED the PUBLIC COMMENT SESSION. April 8, 2008 - 34 - Item V-Ii. PUBLIC HEARING ITEM 57494 Mayor Oberndorf DECLARED a PUBLIC HEARING: OPEN AIR CAFE LEASES There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. April 8, 2008 II - 35 - Item V-K. RESOLUTIONS/ORDINANCES ITEM # 57495 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items 1, 2, 3 a/b and 4 of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 8, 2008 I I - 36 - Item V-K.J. RESOLUTIONS/ORDINANCES ITEM # 57496 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to SUPPORT April 13-19, 2008, as the Week of the Young Child 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 April 8, 2008 I I Requested by Councilmember Villanueva 1 A RESOLUTION IN SUPPORT OF THE WEEK OF THE 2 YOUNG CHILD 3 4 WHEREAS, the Week of the Young Child is an annual event that honors young 5 children and thanks teachers and all those who make a difference in young children's 6 lives; and 7 8 WHEREAS, the City of Virginia Beach and other local organizations are 9 celebrating the Week of the Young Child, which occurs this year on April 13-19, 2008; 10 and 11 12 WHEREAS, local organizations are working to improve early learning 13 opportunities, including early literacy programs, that can provide a foundation of 14 learning for children in Virginia Beach, Virginia; and 15 16 WHEREAS, teachers and others who make a difference in the lives of young 17 children in Virginia Beach, Virginia deserve thanks and recognition; and 18 19 WHEREAS, public policies that support early learning for all young children are 20 crucial to young children's futures. 21 22 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That in recognition of the young children of Virginia Beach, as well as the 26 teachers and all others who make a positive difference in young children's lives, the City 27 Council hereby proclaims April 13-19, 2008 to be The Week of the Young Child in the 28 City of Virginia Beach. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, this 8th 31 day of April ,2008. APPROVED AS TO LEGAL SUFFICIENCY: ;e~ City Attorney's ~ CA 10683 R-3 March 31, 2008 , I, - 37 - Item V-K.2. RESOLUTIONS/ORDINANCES ITEM # 57497 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution HONORING WR Plaxico Burress, Virginia Beach graduate and the New York Giants' game winning touchdown pass receiver in Super Bowl XLII 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 April 8, 2008 I I RESOLUTION HONORING WR PLAXlCO BURRESS WHEREAS: Plaxico Burress, son of the late Vicki Burress, was the All-America First Team choice at Green Run High School, rated the best Receiver in the nation by Scholastic Sports; All-State First Team Receiver and Free Safety as a Senior; led his team to three straight Class AM state titles; holds the School's career record with eighty-six receptions and thirty-eight touchdown catches; was All-State, All-District and All- Tidewater Area selection as a Junior; was All-state Second-Team in basketball as a Senior; and, was national Semi-finalist in the 400 Intermediate Hurdles and won the State 300 Intermediate Hurdles; WHEREAS: Plaxico Burress was a first round (11" pick overall) draft choice of the Pittsburgh Steelers in 2000, he was signed by the Giants as an unrestricted free agent on March 17, 2005. He has proven to be a superb athlete who possesses great height, long arms and explosive acceleration. He has 337 career receptions for 5,378 yards and 29 touchdowns with at least 60 receptions in a season four times and more than 1,000 receiving yards in a season three times; WHEREAS: In 2005, Plaxico played in all sixteen regular season games with fifteen starts - - He started the NFC Wild Card Game. He led the Giants with 76 receptions, 1,214 yards and tied with Amani Toomer and Jeremy Shockey for the lead with seven touch-down catches - - the fifth highest total in team history and two shy of the career high he set with Pittsburgh in 2002. WHEREAS: The Giants won their third Super Bowl Championship, Super Bowl XLII, defeating the New England Patriots 17-14. Trailing in the final minutes, Super Bowl MVP Quarterback Eli Manning hit Wide Receiver Plaxico Burress on a 6-yardfadefor the game winning touchdown with 35 seconds to go. WHEREAS: Plaxico annually hosts a Thanksgiving dinner for those in need in his hometown of Virginia Beach, regularly participates in NFL community outreach events and helps to mentor young people. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council, whose signatures are affIXed below, with great pride, recognizes one of our own, a true Professional Athlete and humanitarian who has brought honor and distinction to Virginia Beach. - 38 - Item V-K.3.aIb. RESOLUTIONS/ORDINANCES ITEM # 57498 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to grant Franchise Agreements re Open Air Cafes: a. New: Dunes Investment Associates, LLC tla The Beach Club Cafe, 901 Atlantic Avenue Tonick, Inc. tla Waffle Town USA, 910 Atlantic Avenue First Fruits, LLC fla Tropical Smoothies Cafe, 211 25th Street b. Renewals: Foggs Seafood Company fla Waterman's, 415 Atlantic Avenue Surfside Resort, Inc. tla Fish Bones, 1211 Atlantic Avenue RockfISh Sea Grill, LLC tla Roclifish L 1601 Atlantic Avenue Oceanside Investment Associates, LP tla Latitudes and Attitudes, 2101 Atlantic Avenue Blaster Fries, Inc. tla Lighthouse Beach Grill, 2417 Atlantic Avenue Maria Sofia, Inc. tla Angelo's By the Sea Cafe, 2809 Atlantic Avenue Maria Sofia, Inc. tla Angelo's By the Sea Cafe, 2809 Atlantic Avenue Macias, Inc., tla Guadalajara, 200 2Ft Street 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 April 8, 2008 I I 1 AN ORDINANCE GRANTING ELEVEN 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Cafe Regulations, which have been amended 7 from time to time, for the operation of open air cafes on public property; and 8 9 WHEREAS, the regulations originally prohibited sidewalk cafes on Atlantic 10 Avenue between 15th and 24th streets; and 11 12 WHEREAS, Council adopted a resolution on March 23, 2004 establishing a pilot 13 program to allow, on an experimental basis, open air cafes on Atlantic Avenue between 14 20th and 23rd Streets; and 15 16 WHEREAS, based upon the success of the pilot program, Council adopted an 1 7 ordinance on March 8, 2005 authorizing sidewalk cafes on Atlantic Avenue between 18 15th and 24th Streets; and 19 20 WHEREAS, the City Council has traditionally granted initial franchises for one- 21 year terms; and 22 23 WHEREAS, if an open air cafe is successfully operated during the initial one- 24 year term, the franchisee may return to Council and request a five-year franchise 25 agreement; and 26 27 WHEREAS, the following three (3) entities are seeking a one-year franchise 28 agreement: (1) First Fruits, LLC, t/a Tropical Smoothies Cafe, for operation of an 29 Atlantic Avenue Side Street Cafe; (2) Dunes Investment Associates, LLC, t/a The Beach 30 Club Cafe, for operation of a Boardwalk Cafe; and (3) Tonick, Inc., t/a Waffle Town 31 USA, for operation of an Atlantic Avenue Sidewalk Cafe; and 32 33 WHEREAS, the following eight (8) entities have successfully operated open air 34 cafes pursuant to either one-year or five-year franchise agreements, and are seeking 35 renewal of their franchise agreements for five year terms: (1) Blaster Fries, Inc., t/a 36 Lighthouse Beach Grill Cafe, for operation of a Boardwalk Cafe; (2) Tradewinds, LC and 37 Rockfish Sea Grill, LLC, t/a Rockfish I, for operation of a Boardwalk Cafe; (3) Surfside 38 Resort, Inc., t/a Fish Bones, for operation of a Boardwalk Cafe; (4) Oceanside 39 Investment Associates, LP, t/a Latitudes and Attitudes, for operation of a Boardwalk 40 Cafe; (5) Foggs Seafood Company, t/a Waterman's, for operation of a Boardwalk Cafe; 41 (6) Macias, Inc., t/a Guadalajara, for operation of an Atlantic Avenue Side Street Cafe; 42 (7) Maria Sofia, Inc., t/a Angelo's By the Sea Cafe, for operation of a Connector Park 43 Cafe; and (8) Maria Sofia, Inc., t/a Angelo's By the Sea Cafe, for operation of a 44 Boardwalk Cafe; and 45 46 WHEREAS, the Convention and Visitors Bureau recommends that the eleven 47 above-named entities be granted open air cafe franchise agreements. 48 I I 49 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 50 VIRGINIA BEACH: 51 52 1. That the City Council hereby grants a one-year franchise agreement to 53 First Fruits, LLC, tJa Tropical Smoothies Cafe, Dunes Investment Associates, LLC, tJa 54 The Beach Club Cafe, and Tonick, Inc., tJa Waffle Town USA, subject to the terms and 55 conditions of all ordinances, resolutions, and regulations applicable to open air cafes. 56 57 2. That the City Council hereby grants five-year franchise agreements to 58 Blaster Fries, Inc., tJa Lighthouse Beach Grill Cafe, Tradewinds, LC and Rockfish Sea 59 Grill, LLC, tJa Rockfish I, Surfside Resort, Inc., tJa Fish Bones, Oceanside Investment 60 Associates, LP, tJa Latitudes and Attitudes, Foggs Seafood Company, tJa Waterman's, 61 Macias, Inc., tJa Guadalajara, Maria Sofia, Inc., tJa Angelo's By the Sea Cafe, for 62 operation of a Connector Park Cafe, and Maria Sofia, Inc., tJa Angelo's By the Sea 63 Cafe, for operation of a Boardwalk Cafe, subject to the terms and conditions of all 64 ordinances, resolutions, and regulations applicable to open air cafes. 65 66 Adopted by the City Council of Virginia Beach, Virginia on this 8th day of April, 67 2008. Approved as to Content: Approved as to Legal Sufficiency: ~~ -A. ~Tf ~ City Attorne' Office Convention and Visitors Bureau CA10675 R-2 March 25, 2008 , 'I - 39 - Item V-K.4. RESOLUTIONS/ORDINANCES ITEM # 57499 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $309, 671and $1,953,329, separately, from HUD Federal Section 8 Housing Choice Voucher Revenue to the Department of Housing and Neighborhood Preservation's FY2007-2008 budget for rental subsidies for persons living in privately owned housing. 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 April 8, 2008 I I II 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $309,671 2 IN U.S. DEPARTMENT OF HOUSING AND URBAN 3 DEVELOPMENT (HUD) FEDERAL SECTION 8/HOUSING 4 CHOICE VOUCHER REVENUE, AND APPROPRIATE 5 $1,953,329 OF HUD FEDERAL SECTION 8/HOUSING 6 CHOICE VOUCHER REVENUE FROM THE FUND BALANCE 7 OF THE FEDERAL SECTION 8 SPECIAL REVENUE FUND 8 TO THE DEPARTMENT OF HOUSING AND 9 NEIGHBORHOOD PRESERVATION'S FY 2007-08 1 0 OPERATING BUDGET 11 WHEREAS, HUD awarded the Department of Housing and Neighborhood 12 Preservation more Federal Section 8/Housing Choice Voucher funding than was 13 estimated in the FY 2007-08 operating budget; and 14 15 WHEREAS, HUD permits use of unutilized Section 8/Housing Choice Voucher 16 funds from prior years to support leasing costs for up to a defined number of leasable 17 units annually. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 (1) That $309,671 is hereby accepted from the HUD Federal Section 8/Housing 23 Choice Voucher Program and is hereby appropriated to the Department of Housing and 24 Neighborhood Preservation's FY 2007 -08 Operating Budget to fund rental subsidies for 25 eligible residents, with estimated federal revenue increased accordingly. 26 27 (2) That $1 ,953,329 of HUD Federal Section 8/Housing Choice Voucher revenue 28 from the fund balance of the Federal Section 8 Special Revenue fund is hereby 29 appropriated to the Department of Housing and Neighborhood Preservation's FY 2007- 30 08 Operating Budget to cover the remainder of the anticipated rental costs for eligible 31 residents, with estimated revenue increased accordingly. Adopted by the City Council of the City of Virginia Beach, Virginia on this 8th day of Apri 1 , 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: vd V. / {~ana~e CA10681 R-1 March 26, 2008 I I II , - 40- V-L. PLANNING ITEM # 57500 1. LARISA PROPETIES MODIFICATION - Conditional Use Permit (Approved: June 8,1981) 2. DONNA HOUSE CONDITIONAL USE PERMIT 3. NEW CINGULAR WIRELESS PCS, LLC CONDITIONAL USE PERMIT 4. PROSPERITY BEACH, LLC MODIFICATON OF PROFFER NO.1 Change of Zoning (Approved: May 9, 2006) 5. BQI GROUP, INC. MODIFICATION OF PROFFERS Change of Zoning (Approved: August 10,2004) 6. RESIDENTIAL INVESTMENT PROPERTIES, INC. CONDITIONAL CHANGE OF ZONING 7. WEST NECK PARTNERS, LLC. CONDITIONAL CHANGE OF ZONING 8. ARGOLD DAM NECK, LLC CONDITIONAL CHANGE OF ZONING 9. COMPREHENSIVE ZONING ORDINANCE AMEND S502) and ADD *502.1 re dimensional requirements, design incentives and criteria for porches, upper floors and attached garages in R-5R Residential Resort District April 8, 2008 I I II , - 41 - Item V-L. PLANNING ITEM # 57501 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items 1,2,3, 4 and 6 o/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 April 8, 2008 - 42- Item V-L.l. PLANNING ITEM # 57502 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinance upon application of LARISA PROPERTIES, LLC for Modification to a Conditional Use Permit (approved by City Council on June 8, 1981) to allow expansion of a existing carwash and a self service LA UNDRY: The applicant will not encroach into the Alabama Avenue (paper street) ORDINANCE UPON APPLICATION OF LARISA PROPERTIES, L.L.c. FOR A MODIFICATION OF CONDITIONS FOR A USE PERMIT APPROVED BY CITY COUNCIL ON JUNE 8,1981 (TEXACO, INC.) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Larisa Properties, L.L. C. for a Modification of Conditions for q Use Permit approved by City Council on June 8, 1981 (Texaco, Inc.). Property is located at 3612 Holland Road (GP IN 1486548720). DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. All conditions, with the exception of Numbers 6 and 7 attached to the Conditional Use Permit granted by the City Council on June 8, 1981, remain in affect. 2. Condition Number 7 of the June 8, 1981, Conditional Use Permit is deleted and replaced with the following: a. Only one site entrance shall be permitted on South Rosemont Road. The existing northern entrance, located in the right turn lane taper, shall be closed. The remaining existing entrance shall be improved to include 15-foot radii and a 30-foot entrance width at the property line. b. Only one site entrance shall be permitted on Holland Road. The existing easternmost entrance shall be closed and the remaining entrance improved to include 15-foot entrance radii and a 30-foot entrance width at the property line. c. On-site parking shall be configured so as to not interfere with traffic entering and exiting the site. 3. When the site is developed, the site layout and street frontage landscaping shall be in substantial conformance with the plan entitled, "Proposed Addition to Ex. Building and New Parking Lot Striping, " dated October 16, 2007 and last revised December 17, 2007, prepared by Beck Associates, P. C. Said plan has been exhibited to the City Council and is on file in the Planning Department. 4. All signs shall be removed or brought into conformance with current City Zoning Ordinance provisionsfor signs. 5. The car wash shall not discharge to the City storm drainage system. A plan that defines how wash water will be handled shall be submitted to the Planning Department / Development Service Center for review and approval. April 8, 2008 I I' - 43 - Item V-L.1. PLANNING ITEM # 57502 (Continued) 6. In accordance with Section 221 (i) of the City Zoning Ordinance and a finding that the project, as proposed, is compatible with the surrounding area, the yard setbacks for the buildings shown on the site plan referenced in Condition 3 shall be as shown on said plan. 7. The exterior of the car wash facility shall consist only of neutral or earth tone colors. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of April 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 April 8, 2008 i I I - 44- Item V-L.2. PLANNING ITEM # 57503 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinance upon application of DONNA HOUSE for a Conditional Use Permit re a tattoo establishment (permanent makeup) ORDINANCE UPON APPLICATION OF DONNA HOUSE FOR A CONDITIONAL USE PERMIT FOR A TATTOO ESTABLISHMENT (PERMANENT MAKE-UP R040835261 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Donna House for a Conditional Use Permit for a tattoo establishment (permanent make-up) on property located at 152 Newtown Road, Suites 110 and 112 (GPIN 1457948279). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. The Conditional Use Permit for a permanent make-up (tattoo) establishment is approved for a period of one year, with an administrative review every year thereafter. 2. A business license shall not be issued to the applicant without the approval of the Health Departmentfor consistency with the provisions of Chapter 23 of the City Code. 3. No signage, more thanfour (4) square feet of the entire glass area of the exterior walls, shall be permitted on the windows. There shall be no neon signs or neon accents installed on any wall area of the exterior of the building, windows and or / doors. 4. The actual permanent make-up (tattoo) operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of April 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 April 8, 2008 i I I - 45 - Item V-L.3. PLANNING ITEM # 57504 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinance upon application of NEW CINGULAR WIRELESS PCS, LLC, for a Conditional Use Permit re a communication tower and shelter for equipment at Cavalier Golf and Yacht Club ORDINANCE UPON APPLICATION OF NEW CINGULAR WIRELESS PCS, L.L.c. FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER R040835261 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of New Cingular Wireless PCS, L.L. C. for a Conditional Use Permit for a communication tower on a portion of property located at 1052 Cardinal Road (GPIN 2418246584). DISTRICT 5 - LYNNHA VEN. The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted development plans entitled "BIRDNECK POINT, site number NF304A ", prepared by ALLPRO Consulting Group, Inc., and dated 2/2/07. The tower shall be developed in accordance with the submitted plan entitled "Tower Elevation ", prepared by Thompson and Litton, and dated 1 0/4/07. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning. 2. The proposed tower shall not exceed ninety-five (95)-feet in overall height. 3. 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) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the original tower andfor all subsequent users. 4. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the user(s) 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 cease operation to the extent necessary to stop the interference. 5. In the event that antennae on the tower are inactive for a period of two years, the tower shall be removed at the applicant's expense. 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 Eighth of April Two Thousand Eight April 8, 2008 - 46- Item V-L.3. PLANNING ITEM # 57504 (Continued) 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 i I il April 8, 2008 - 47- Item V-LA. PLANNING ITEM # 57505 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED MODIFICATION of Proffer No. 1 upon application of PROSPERITY BEACH, LLC on a Change of Zoning re reconfiguration of the site and increase the square footage of the buildings (approved by City Council on May 9, 2006) ORDINANCE UPON APPLICATION OF PROSPERITY BEACH, L.L.e. FOR A MODIFICATION OF PROFFERS OF A CHANGE OF ZONING APPROVED BY CITY COUNCIL ON MAY 9, 2006. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Prosperity Beach, L.L.e. for a Modification of Proffers of a Change of Zoning approved by City Council on May 9, 2006. Property is located at 1000 Eaglewood Drive (GPINs 2415581232; -1120; -2073; -1209; 2415488215). DISTRICT 6 -BEACH The following condition shall be required: 1. An Agreement encompassing the revised proffers shall be recorded with the Clerk of 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 Eighth of April 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 April 8, 2008 I I I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6995 DATE: March 26, 2008 FROM: Leslie L. Lilley B. Kay Wilso~ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application; Prosperity Beach, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 8, 2008. I have reviewed the subject proffer agreement, dated December 20, 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/bm Enclosure cc: Kathl~assen PREPARED BY, lIB SYflS. ROURDON. m AmRN & llVY. P.c. 1 ,I FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDmONS PROSPERIIT BEACH, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDffiONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 20th day of December, 2007, by and between PROSPERl1Y BEACH, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of five (5) parcels of property located in the Beach District of the City of Virginia Beach, containing approximatelY:i: 5.90 Acres which are more particularly described as Parcels 1, 2, 3, 4 and 5 in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels are herein together referred to as the "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated October 31, 2005 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument #20060519000756440 (hereinafter "2005 Proffers"), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 2415-58-1232 2415-48-8215 2415-58-1120 2415-58-1209 2415-58-2073 1 PREPARED BY: so SYnS. ROURDON. .. Am:RN &.llVY. P.c. I :1 WHEREAS, the 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 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 modification 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 modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, 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 makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer number 1 in the 2005 Proffers is amended to read: "When the Property is developed, it shall be developed and landscaped substantially as shown on the "LAYOlIT PLAN FOR PROSPERI1Y BEACH RETAIL SHOPPES AT EAGLEWOOD DRIVE AND OCEANA BOULEVARD VIRGINIA BEACH, VIRGINIA", prepared by Site Improvement Associates, dated 04/10/07, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. All of the terms, conditions, covenants, servitudes and agreements set forth in the 2005 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #20060519000756440, save and except Proffer 2 I 'I #1, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors in interest or title. The Grantor further covenants and agrees that: All references hereinabove to the B-2 Commercial District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. (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 PREPARED BY: conditions be remedied; and (b) to bring legal action or suit to insure compliance with _ sms. ROURDON. such conditions, including mandatory or prohibitory injunction, abatement, damages, or _ AIlIRN & IIVY. P.c. other appropriate action, suit, or proceeding; 3 PREPARED BY: D SYKl:s. ROURDON. R AHrnN & IIVY. P.L (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 Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 PREPARED BY: I SYIDl. ROURDON. AHrnN & IIVY. P.C WITNESS the following signature and seal: Grantor: L.L.C., a Virginia limited liability (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 2~ day of December, 2007, by Craig Dean, Managing Member of Prosperity Beach, L.L.C., a Virginia limited liability company, Grantor. _4~,(jL YJ1~ Not ry Public My Commission Expires: August 31, 2010 Notary Registration No.: 192628 5 I I EXHIBIT "A" PARCELl: ALL THAT certain lot, piece, or parcel of land, situate in Seaboard Borough, of the City of Virginia Beach, Virginia, and shown on the plat entitled "Property of Cordie E. Whitehead, located near Dam Neck", made by W.E. Gallop, County Surveyor, July 25, 1956, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 42, at Page 15, and designated on said plat as "Cordie E. Whitehead" and bounded and described as follows: Beginning at a pipe in the Southwest intersection of Route 615 and a 20 foot private lane and from said point running South 29 degrees 23 minutes East 145 feet to a pin, thence South 75 degrees 10 minutes West 502.1 feet, thence North 61 degrees 00 minutes West 160 feet to a point, thence North 72 degrees 15 minutes East 581.7 feet along said private lane to the point of beginning. GPIN: 2415-58-1232 PARCEL 2: ALL THAT certain lot, piece or parcel of land, being in the Seaboard Borough of the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot A, as shown on that certain plat entitled "Property of Thomas B. Bunting, located Near Dam Neck in Princess Anne County, Virginia", Scale: 1" = 100', dated October 7,1958, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 52, at Page 12 to which reference is hereby made for a more particular description. Less and Except that portion of the property conveyed to the City of Virginia Beach for improvement of Oceana Boulevard as recorded in Deed Book 3987, at Page 1024. GPIN: 2415-48-8215 PARCEL 3: PREPARED BY: ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach, Virginia, (formerly Seaboard Magisterial District of Princess Anne County) and shown on the plat entitled, "PROPERTY OF CORDIE E. WHITEHEAD, LOCATED NEAR DAM NECK", made by W.B. Gallup, County Surveyor, July 25, 1956, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 42, Page 15; and designated on said plat as "Cordie E. Whitehead 1.08 Acres", and bounded and described as follows: II SYITS. ROURDON. AlUllN & IIVY. P.C BEGINNING at a pin in the ground 145 feet S. 29 Degrees 23' E, from the southwest intersection of Route 615 and a 20' private lane, and from said point, running S. 29 6 ii Degrees 23' E., 100 feet to a pin; thence S. 74 Degrees 12' W., 418.9 feet; thence N. 61 Degrees 00' W., 150 feet to a pin; thence N. 75 Degrees 10' E., 502.1 feet to the point of beginning. Said property is also shown on a plat entitled, "PLAT OF VICTOR J. JR. AND ELEANOR C. BELISlE", recorded in the above mentioned Clerk's Office in Map Book 185, at Page 41, as a parcel containing 46,341 square feet or 1.063 acres. GPIN: 2415-58-1120 PARCEL 4: ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach, Virginia, described as "20' PRIVATE LANE" on the plat entitled "PROPERlY OF CORDIE E. WHITEHEAD, LOCATED NEAR DAM NECK-IN PRINCESS ANNE CO., VA", and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 42, Page 15; and also described as "20' PRIVATE LANE" on the plat entitled "PROPERlY OF THOMAS B. BUNTING, LOCATED NEAR DAM NECK- IN- PRINCESS ANNE CO., VA." which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia beach, Virginia, in Map Book 52, at Page 12, and bounded as follows: On the south by the property described as "Cordie E. Whitehead 1.579 Acres" as shown on the plat entitled "PROPERlY OF CORDIE E. WHITEHEAD, LOCATED NEAR DAM NECK-IN-PRINCESS ANNE CO., VA.", recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 42, at Page 15; On the north by the property described PARCEL A, 2.17 AC. as shown on the plat entitled "PROPERlY OF THOMAS B. BUNTING, LOCATED NEAR DAM NECK-IN-PRINCESS ANNE CO., VA.", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 52, at Pate 12; On the west by the street described as Flicker Way; and On the east by the street described as Oceana Boulevard. GPIN: 2415-58-1209 PARCEL 5: All that certain lot, piece or parcel of land, situate, lying and being in the Seaboard Magisterial District of the City of Virginia Beach, Virginia, bounded and described as follows: PREPARED BY: Beginning at a station on the western side of the Eastern Shore Public Road, miscalled ID sms. DOURDON. Croatan Road to Princess Anne Courthouse to said 20 foot private road to an axle in the DAHrnN &liVY.P.C line of J. W. McClannan; thence along McClannan's line N 620 W 150 feet; thence S 120 IS' 7 PREPARED BY: ~ smS. ROURDON. DO AHBlN & llVY. P.C II E to the Western side of said Public Road; thence northerly 100 feet to the point of beginning. GPIN: 2415-58-2073 ModificationtoProffers/ProsperityBeachjProffer 8 , 1 ,I - 48- Item V-L.5. PLANNING ITEM # 57506 Attorney R. Edward Bourdon, Jr. Pembroke Office Park - Building One, 281 Independence Boulevard, Phone: 499-8971, represented the applicant. Mr. Bourdon advised 4-1/2 years ago, the principals of The BQI Group purchased and assembled three (3) separate parcels of land, surrounded by townhomes in Kempsville Lake. A Conditional Rezoning from R-5D Residential District and A-12 Apartment District was approved by the City Council on August 10, 2004. Nineteen of the units approved in 2004 have been built; however, due to the downturn in the housing market, the applicant is requesting the original proffers be modified to permit a smaller dwelling unit and increase the number of dwelling units by nine (9) (Bonney's Quay) . Only twelve (12) of the original nineteen (19) have been sold. The new units proposed by the applicant will have afloor area between 1,600 and 1,680 square feet, which will allow for a 20joot wide unit without a garage. As noted from the elevations provided, the revised units utilize precisely the same architectural features and building materials as the nineteen (19) existing units in Bonney's Quay. The revised units have been appraised at between $238,000 and $243,000 pre building. All of the existing owners have agreed to these revisions. The streets are 26jeet wide within the community and are privately maintained by the condominium association and are not public streets. Michele Mason, 2561 Cove Point Place, Phone: 306-9680, spoke in SUPPORT and isfamiliar with the Principals of the BQI GROUP, INC. The architectural quality has not been compromised. In January, there were 615 homes sold of all types (resale, new, attached and detached), under $300,000 in the Hampton Roads Area. There were 209 homes sold over $300,000. Said information is hereby made a part of the record. Upon motion by Councilman Diezel, seconded by Councilman DeSteph, City Council MODIFIED PROFFERS re application of BQI GROUP, INC. on a Change of Zoning re the number and size of units with elimination of the garages (approved by City Council on August 10, 2004, and Deferred March 25,2008). 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 of 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 The following condition shall be required: 1. An Agreement encompassing the revised proffers shall be recorded with the Clerk of 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 Eighth of April Two Thousand Eight April 8, 2008 I I il - 49- Item V-L.5. PLANNING ITEM # 57506 (Continued) Voting: 8-3 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M Henley, Reba S. McClanan and Mayor Meyera E. Oberndorf Council Members Absent: None Council Lady Wilson DISCLOSED re the application of BQI GROUP, INC. . BQI is a client of Goodman and Company, but not her husband's personal client. April 8, 2008 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7024 DATE: March 14,2008 FROM: Leslie L. Lilley ....JUn 1\ \ B. Kay WiIS~V DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application; BQI Group, 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 December 14, 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/bm Enclosure cc: Kathleen Hassen PREPARED BY: 13 Sills. ROUROON. .. AJIrnN & liVY. P.c. I I II FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDmONS BQI GROUP, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 14th day of December, 2007, by and between BQI GROUP, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain properties located in the Kempsville District of the City of Virginia Beach, Virginia, containing a total of approximately 2.506 acres as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, which parcel is referred to herein as the "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated May 24, 2004 (hereinafter "2004 Proffers"), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that 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: 1467-90-1254 1 PREPARED BY: II sms. ROURDON. AHrnN & IIVY. P.C WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification 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 modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, 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 makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer number "1" in the 2004 Proffers is amended to read: When the Property is developed, it shall be substantially in accordance with the SITE PLAN FOR BONNEY'S QUAY GPIN #1467-90-1254", dated 12-07-07, prepared by Hassell & Folkes, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Site Plan"). 2. Proffer number "6" in the 2004 Proffers is amended to read: The total number of dwelling units permitted to be constructed on the Property shall not exceed fifty-seven (57). Each dwelling unit shall be two (2) stories in height, contain a minimum of 1600 square feet ofliving area, and contain either two (2) or three (3) bedrooms. 3. Proffer number "7" in the 2004 Proffers is amended to read: The architectural design of the residential buildings containing units numbered 25 through 29 and 39 through 52 as designated on the Site Plan, the entrance sign and fence along Bonney Road will be substantially as depicted on the exhibit entitled "PROPOSED FRONT ELEVATIONS - BONNEY'S QUAY", dated January 30,2004, prepared by Reich Design Associates ("2004 Elevation"). The architectural design of the residential buildings containing units numbered 1 through 24; 30 through 38 and 53 through 57 as designated 2 PREPARED BY: II m~s. ROURDON. . AHfRN & UVY. P.c. I I II on the Site Plan will be substantially as depicted on the exhibits entitled "BONNEYS QUAY', dated Dec. 7, 2007 and "Composite Front Elevation - Bonney's Quay", dated 7/28/07, prepared by Reich Design Associates ("2007 Elevations"). The 2004 Elevation and 2007 Elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. The primary exterior building materials shall be brick and hardiplank siding, and the colors used may vary from those on the exhibits but all will be earth tones. 4. All of the terms, conditions, covenants, servitudes and agreements set forth in the 2004 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #200408270137054, save and except, Proffers 1, 6 and 7, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors in interest or title. The Grantor further covenants and agrees that: All references hereinabove to the A-18 Apartment District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that 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 3 PREPARED BY: tm sruS. ROURDON. D AHrnN & lM. P.C I 'I 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, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 PREPARED BY; II STIIS. DOURDON. . AHrnN & lIVY. P.c. I I I WITNESS the following signature and seal: Grantor: BQI Gr~;~ a ~~~ration BY:~ Alan S. Resh, Vice President (SEAL) STATE OF VIRGINIA CTIY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 19th day of December, 2007, by Alan S. Resh, Vice President ofBQI Group, Inc., a Virginia corporation, Grantor. /.! .j /! I( /' l~flld) , .. 'V'--/L/7!L _~. AJ. YJ I I d!J6:!{/ Notary Public My Commission Expires: Notary Registration No.: August 31, 2010 192628 5 PREPARED BY: I. SYl'IS. ROURDON. I ADhRN & llVY. P.C I I ,I EXHIBIT "A" #1 Bonney's Quay Legal Description For Proffer Modification Beginning at a point where the eastern property line of the Bonney's Quay Condominium intersects the southern right-of-way of Bonney Road; thence along the southern right-of- way line of Bonney Road with a bearing of S 640 14' 59" W, and a distance of 34.22' to a point; thence along a curve turning to the left with an arc length of 10.89' and a radius of 35.00'; thence along a curve turning to the right with an arc length of 118.19' and a radius of 115.03' to a point; thence along a line with a bearing of S 320 13' 19" Wand a distance of 106.23' to a point; thence along a curve turning to the left with an arc length of 41.29' and a radius of 25.00' to a point; thence along a line with a bearing of S 620 24' 52" E and a distance of 42.32' to a point; thence along a curve turning to the right with an arc length of 12.85' and a radius of 51.00' to a point; thence along a line with a bearing ofN 42001' 04" E and a distance of 31.04' to a point; thence along a line with a bearing of N 770 00' 15" E and a distance of 75.39' to a point; thence along a line with a bearing of N 130 18' 27" W and a distance of 257.95' to the point of beginning, containing 20,334 square feet. It being a portion of the "Additional Land" shown on the Bonney's Quay - A Condominium, Phase Three plat recorded in instrument number 200704110048648 in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia. Part of GPIN #1467-90-1254 6 #2 Bonney's Quay Legal Description For Proffer Modification Beginning at a point where the western property line of the Bonney's Quay Condominium intersects the southern right-of-way of Bonney Road; thence along a line with a bearing of S 270 34' 57" Wand a distance of 275.43' to a point; thence along a line with a bearing of S 090 57' 37" E and a distance of 222.38' to a point; thence along a line with a bearing of S 770 51' 59" E and a distance of 98.50' to a point; thence along a curve turning to the right with an arc length of 30.15' and a radius of 70.00' to a point; thence along a line with a bearing of N 470 49' 29" E and a distance of 13.63' to a point; thence along a line with a bearing of S 420 10' 31" E and a distance of 11.66' to a point; thence along a curve turning to the left with an arc length of 10.47' and a radius of 5.00' to a point; thence along a curve turning to the left with an arc length of 8.36' and a radius of 15.00' to a point; thence along a curve turning to the right with an arc length of 15.32' and a radius of 61.00' to a point; thence along a curve turning to the left with an arc length of 9.19' and a radius of 15.00' to a point; thence along a curve turning to the left with an arc length of 10.10' and a radius of 5.00' to a point; thence along a line with a bearing of S 290 28' 06" Wand a distance of 11.65' to a point; thence along a line with a bearing of N 60031' 54" Wand a distance of 27.00' to a point; thence along a line with a bearing of N 290 28' 06" E and a distance of 13.00' to a point; thence along a curve turning to the left with an arc length of 7.85' and a radius of 5.00' to a point; thence along a line with a bearing of N 600 31' 54" W and a distance of 20.58' to a point; thence along a curve turning to the left with an arc length of 30.72' and a radius of 45.00' to a point; thence along a line with a bearing of S 800 21' OS" Wand a distance of 20.95' to a point; thence along a line with a bearing of S 860 03' 20" W and a distance of 20.12' to a point; thence along a line with a bearing of S 800 21' 05" V'vT and a distance of 17.5' to a point; thence along a line with a bearing of N 090 18' 26" Wand a distance of 18.00' to a point; thence along a line with a bearing of N 800 21' 05" E and a distance of 17.50' to a point; thence along a line with a bearing of N 740 38' 27" E and a distance of 20.87' to a point; thence along a curve turning to the right with an arc length of 33.93' and a radius of 67.00' to a point; thence along a curve turning to the left with an arc length of 6.97' and a radius of 5.00' to a point; thence along a line with a bearing of N 290 28' 06" E and a distance of 13.77' to a point; thence along a line with a bearing of S 61015' 30" E and a distance of 27.00' to a point; thence along a line with a bearing of S 290 28' 06" Wand a distance of 13.00' to a point; thence along a curve turning to the left with an arc length of 7.85' and a radius of 5.00' to a point; thence along a line with a bearing of S 600 31' 54" E and a distance of 19.23' to a point; thence along a curve turning to the left with an arc length of 24.34' and a radius of 15.00' to a point; thence along a line with a bearing of N 260 29' 56" E and a distance of 99.32' to a point; thence along a curve turning to the left with an arc length of 17.28' and a radius of 25.00' to a point; thence along a line with a bearing of N 130 06' 30" Wand a distance of 32.92' to a point; thence along a curve turning to the left with an arc length of 21.51' and a radius of 25.00' to a point; thence along a line with a bearing of N 620 24' 52" Wand a distance of 39.35' to a point; thence along a curve turning to the left with an arc length of 7.85' and a radius of 5.00' to a point; PREPARED BY: thence along a line with a bearing of S 270 35' 08" Wand a distance of 13.00' to a point; IBSYIChS. ROURDON. thence along a line with a bearing of N 620 24' 52" Wand a distance of 18.00' to a point; lilADrnN &LM.P.C thence along a line with a bearing of N 270 35' 08" E and a distance of 13.00' to a point; thence along a curve turning to the left with an arc length 7.85' and a radius of 5.00' to a 7 PREPARED BY, lIB rnrs. ROURDON. (I Am:RN & llVY. P.c I I II point; thence along a line with a bearing of N 620 24' 52" Wand a distance of 108.88' to a point; thence along a line with a bearing of N 270 35' 08" E and a distance of 9.00' to a point; thence along a line with a bearing of S 620 24' 52" E and a distance of 1.25' to a point; thence along a curve turning to the left with an arc length of 3.93' and a radius of 2.50' to a point; thence along a line with a bearing of N 270 35' 08" E and a distance of 28.50' to a point; thence along a line with a bearing of S 620 24' 52" E and a distance of 63.00' to a point; thence along a line with a bearing of S 270 35' 08" Wand a distance of 13.10' to a point; thence along a curve turning to the left with an arc length of 6.14' and a radius of 3.00' to a point; thence along a curve turning to the left with an arc length of 20.26' and a radius of 20.00' to a point; thence along a line with a bearing of N 320 13' 19" E and a distance of 114.52' to a point; thence along a curve turning to the left with an arc length of 50.55' and a radius of 50.00' to a point; thence along a line with a bearing of N 250 42' 15" Wand a distance of 37.84' to a point; thence along a curve turning to he left with an arc length of 11.50' and a radius of 35.00' to a point; thence along a line with a bearing of S 640 14' 59" Wand a distance of 74.56' to a point of beginning, containing 66,297 square feet. It being a portion of the "Additional Land" shown on the Bonney's Quay - A Condominium, Phase Three plat recorded in instrument number 200704110048648 in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia. Part of GPIN #1467-90-1254 8 PREPARED BY: OJ SYIa:s. DOURDON. n AHmN & I.M. P.c. I I I #3 Bonney's Quay Legal Description For Proffer Modification Beginning at a point where the eastern property line of the Bonney's Quay Condominium intersects with the southern right-of-way of Bonney Road; thence along a line with a bearing of S 130 18' 21' E and a distance of 643.76' to a point; thence along a line with a bearing of S 780 16' 33" W and a distance of 163.19' to a point; thence along a line with a bearing of S 130 09' 54" E and a distance of 54.21 to the true point of beginning; thence along a line with a bearing of S 760 48' 54" Wand a distance of 17.54' to a point; thence along a curve turning to the left with an arc length of 3.93' and a radius of 2.50' to a point; thence along a line with a bearing of S 130 18' 21' E and a distance of 7.68' to a point; thence along a curve turning to the right with an arc length of 7.61 and a radius of 25.00' to a point; thence along a line with a bearing of S 760 51' 04" W and a distance of 205.49' to a point; thence along a line with a bearing of S 010 15' 10" E and a distance of 95.89' to a point; thence along a line with a bearing of N 760 50' 20" E and a distance of 246.36' to a point; thence along a line with a bearing of N 130 09' 52" Wand a distance of 111.52' to the true point of beginning, containing 22,536 square feet. It being a portion of the "Additional Land" shown on the Bonney's Quay - A Condominium, Phase Three plat recorded in instrument number 200704110048648 in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia. Part of GPIN #1467-90-1254 ModitionstoProffers/BQIGroup/BonneysQuay /Proffer 9 - 50- Item V-L. 6. PLANNING ITEM # 57507 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of RESIDENTIAL INVESTMENT PROPERTIES, INC. for a Change of Zoning District Classification from R-I0 Residential District to Conditional A-12 Apartment District for nine townhome style dwelling: ORDINANCE UPON APPLICATION OF RESIDENTIAL INVESTMENT PROPERTIES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-I0 RESIDENTIAL DISTRICT TO CONDITIONAL A-12 APARTMENT DISTRICT Z0408121 0 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Residential Investment Properties, Inc. for a Change of Zoning District Classification from R-I0 Residential District to Conditional A-12 Apartment District on property located at 827 and 835 Muth Lane (GPINs 1468520987; - 1942; 1468530086; -0170; -1205). DISTRICT4-BAYSIDE The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of 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 Eighth of April 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 April 8, 2008 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6771 DATE: March 26, 2008 TO: FROM: Leslie L. Lilley B. Kay WiISO~ DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Residential Investment Properties, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 8, 2008. I have reviewed the subject proffer agreement, dated February 12, 2008 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/bm Enclosure cc: KathlL Hassen / Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue Suite 2000 Virginia Beach, Virginia 23462 AGREEMENT THIS AGREEMENT (the "Agreement") is made as ofthis 12th day of February, 2008, by . and between RESIDENTIAL INVESTMENT PROPERTIES. INC., a Virginia corporation, the current owners of that certain property located on Newtown Road and Muth Lane, in Virginia Beach, Virginia, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property") (hereinafter referred to as the "Grantor"), and the CITY OF VIRGINIA BEACH. a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WIT N E SSE T H: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the property from R-I0 to Conditional A-12; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the 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 A-12 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-12 zoning districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the GPIN NOS.: 1468-52-0987; 1468-52-1942; 1468-53-0170; and 1468-53-1205 II physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, 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 of 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 these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, Grantor shall develop the dwelling units upon the Property in substantial conformity with the conceptual site plan prepared by MSA, P.C., dated May 25,2007, and titled "Conceptual Site Layout & Landscape Plan of Muth Condominiums, Newtown Road, 2 Virginia Beach, VA" (the "Conceptual Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City CounciL 2. When developed, Grantor shall install landscaping in substantial conformity with the landscaping shown on the Conceptual Plan. 3. When developed, the structures shown on the Conceptual Plan shall be developed usmg architectural designs and building materials shown on the rendering titled "Muth Condominiums", a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 4. On or before the date Grantor obtains a building permit for any structure to be constructed upon the Property, Grantor shall record a deed or plat dedicating to Grantee the portion of the Property along Newton Road shown on the Conceptual Plan as "+/- 7' R/W Dedication." Grantor shall not be entitled to any compensation for the value of the Property dedicated to Grantee. 5. When developed, all open spaces shown on the Conceptual Plan shall be maintained by either a homeowners' association or condominium unit owners' association. 6. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if 3 aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that 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 Grantee. [SIGNATURE PAGE FOLLOWS] 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: RESIDENTIAL INVESTMENT PROPERTIES, INC., a Virginia corporation COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was sworn to and acknowledged before me this ~ ~y of February, 2008, by Larry A. Buckman, who is personally known to me or has produced as identification, and who signed in his capacity as President of Residential Investment Properties, Inc., a Virginia corporation. My Commission Expires: ~( ~~^-.) Notary Public 3; ~ Registration Number: 5 I I EXHIBIT A ALL THOSE certain lots or parcels of land with improvements thereon lying situate and being in the City of Virginia Beach, Virginia, beginning at a point on the northern side of Newtown Road 490 feet East of Diamond Springs Road at an old bent pipe on the North side of Newtown Road; thence running North 7 degrees 59 minutes East 387.17 feet to a point at the Southwest corner of the property of Pearlie Henry Davis; thence running North 85 degrees West 133.50 feet to a point; thence running South 8 degrees 30 minutes West 387.37 feet to an oId pin on the north side of Newtown Road; thence running North 85 degrees West 130 feet to the point of beginning. It being shown on Exhibit "A" attached hereto as "N/F Property of Residential Investment Properties Inc." on that certain plat entitled "A PORTION OF PROPERTY LOCATED AT #827 & #835 MUTH LANE, AS SHOWN ON PLAN OF PROPERTY OF Wm HAWKINS (MB 8 Pg. 20) Virginia Beach, Virginia" for Residential Investment Properties Inc., dated February 22, 2007 and made by WPL Surveyors and Engineers. A copy of the plat is recorded with the Order of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20071219001668800. 354556 - 51 - Item V-L.7. PLANNING ITEM # 57508 Attorney R. J Nutter, 222 Central Park Avenue, Phone: 687-7500, representing the West Neck Partners, advised relative clarification of the Buffer along an existing adjacent single-family property, there is a 35-foot City drainage easement, but the developer will be pleased to meet with the adjacent property owner concerning a heavier vegetation buffer. Barbara E. Vaughan, 2621 North Landing Road, Phone: 427-1833, registered in OPPOSITION and was concerned re "commercial" moving into her neighborhood of historical homes. Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of WEST NECK PARTNERS, LLC for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF WEST NECK PARTNERS, L.L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL 0-2 OFFICE DISTRICT Z04081211 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of West Neck Partners, 1.1. C. for a Chanze of Zoninz District Classification from AG-1 and AG-2 Agricultural District to Conditional 0-2 Office District on property located on the east side of West Neck Road, approximately 250 feet south of North Landing Road (GPIN 1494708583). DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of 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 Eighth of April Two Thousand Eight 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 1. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel April 8, 2008 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6920 DATE: March 26, 2008 FROM: Leslie L. Lilley B. KaYWilS~ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application; West Neck Partners, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 8, 2008. I have reviewed the subject proffer agreement, dated November 14, 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/bm Enclosure cc: Kathlee~ssen I I il Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT TIDS AGREEMENT (the "Agreement") is made as of this 14th day of November, 2007, by and between WEST NECK PARTNERS. L.L.C.. a Virginia limited liability company (hereinafter referred to as the "Grantor"), the current owner of that certain property located in the City of Virginia Beach, as more particularly described below; and the CITY OF VIRGINIA BEACH. a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee"). WIT N E SSE T H: WHEREAS, the Grantor is the current owner of that certain property located in the City of Virginia Beach, Virginia identified by GPIN 1494 - 70 - 8583 - 0000, as more particularly described in Exhibit A-I. attached hereto and incorporated herein by reference (the "Property"). WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from AG-l and AG-2 to Conditional 0-2, WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the 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 0-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing 0-2 zoning districts by the existing City's Zoning Ordinance (CZO), 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 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall GPIN NO. 1494 - 70 - 8583 - 0000 1 ,I continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, 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 of quid pro QUO for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Grantor shall develop the Property in substantial conformity with pages 1, 2, and 3 of the conceptual site plan prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers, entitled "Conceptual Site Plan, West Neck Development, West Neck Partners, LLC, Virginia Beach, Virginia", dated October 31, 2007 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 2. The Grantor shall develop the structures on the Property in substantial conformity with the conceptual site elevations prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers, entitled "Conceptual Site Elevations, West Neck Development, West Neck Partners, LLC, Virginia Beach, Virginia", dated October 31,2007 (the "Site Elevations"), copies of which are on file with the Department of Planning and have been exhibited to the City Council. 3. The Grantor shall not develop any structure on the Property in excess of three (3) stories. 4. The Grantor shall submit a Tree Survey to the City of Virginia Beach Planning Department (the "Planning Department") during site plan review that depicts all trees with a caliper of six (6) inches or greater at breast height located within one-hundred twenty (120) feet of the front public right-of-way along West Neck Road, and within twenty (20) feet of the side and rear property lines. Said trees, except for those deemed dead, dying or diseased by a qualified 2 , " arborist, and except for those trees that would interfere with the reasonable installation of access roads, utilities, trail-ways, or other improvements required for final site plan approval, shall be slated for retention and shall be protected from construction activity with typical silt fencing and wooden stakes, which fencing and stakes shall be removed upon completion of construction. The protective silt fencing and wooden stakes shall be depicted on plans submitted to the City of Virginia Beach during site plan review and shall be installed prior to any land disturbance on the Property. The Tree Survey must be approved by the Planning Department as being in accordance with the requirements set forth above prior to the approval of any construction plans. 5. The Grantor shall install a full-width one-hundred fifty (150) foot right turn lane, and an additional one-hundred fifty (150) foot taper on the northbound West Neck Road approach to the Property entrance. Grantor shall also relocate the existing median crossover on West Neck Road immediately south of North Landing Road by extending the nose of the existing raised and painted median to the Property entrance. The West Neck Road entrance to the Property shall be designed to meet City of Virginia Beach standards for commercial street access to a city street. Grantor acknowledges that current plans for the improvement of West Neck Road call for the eventual closing of the median crossover adjacent to the Property entrance. 6. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agen~ies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions 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 the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that 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 Grantee. 3 I :1 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: WEST NECK PARTNERS, L.L.C., a Virginia limited liability company \\1\1\111'//1 \\\ ..~ CO '" ", ~ \'4,:.......lJ,t:J '/// }.l..~......NOTARy..~1-/~ ~ ":' PUBLIC ".;0 ~ = : REG # 192419 ". ~ :: (') ~ MY COMMISSION E :: ~ ~'" EXPIRES :' ;:! :: -;. ~ ". 07/31/2011 .: ~ ::: /,,*, ". ..' Qj ~ '/ 1./41'::.' . ~ .... //"~;~Ai.TH'O~ ~~ ",.... / III J II \ 1\\ \ COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this -.!.:L day of ,J IJ V, , 2007, by 11'\. D/'h/i:t> -:.T'f's,er , who is personally known to me or has produced as identification in his capacity as y'}) ~k..\~...( of West Neck Partners, L.L.C., a Virginia limited liability company, on behalf of the company. ;:<'b-- h-- (; ~A-_~ ~tary Ptiblic . C~ /.- J - t-. '1 Y\I" h\.. 0 iA ~ A r~" My Commission Expires: 7/5;) JJ I [NOT ARlAL SEAUST AMP] 4 EXHIBIT A-I LEGAL DESCRIPTION OF PROPERTY ALL THAT certain piece or parcel of land, with the improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, containing 7.787 acres, more or less, being the same property shown on "Survey of Part of Property of Paul W. Sawyer, M.B. 96, P. 16 (erroneously referred to as P. 12), Princess Anne Borough, Virginia Beach, Virginia", said survey being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1530, at page 183, on December 1, 1975, and more particularly described as follows: Beginning at a point in the northern right-of-way of West Neck Road, which point is 690' south of the intersection of the northern right-of-way of West Neck Road and the eastern right-of-way of North Landing Road, and from said point of beginning running North 17050' east 456.43 feet to a pin; thence turning and running North 790 28' east 29.59 feet to a pin; thence turning and running North 240 28' east 39.60 feet to a pin; thence turning and running North 610 18' east 99.06 feet to a pin; thence turning and running South 720 07' 14" east 348.97 feet to a pin; thence running South 72025' 56" east 56.05 feet to a pin, thence turning and running South 17020' 28" east 303.77 feet to a pin; thence turning and running South 630 19' 07" west 711 feet to a pin; thence running along the north side of West Neck Road North 280 26' 13" west 238.53 feet to the point of beginning. Less, save and except that portion of the property conveyed in Deed Book 4538 at page 139. IT BEING the same property conveyed to B & B Properties, a Virginia general partnership by deed from LucyN. Sawyer, widow, dated May 18, 1984, recorded in the aforesaid Clerk's Office in Deed Book 2335, at page 706. 5 I I , - 52 - Item V-L8. PLANNING ITEM # 57509 Attorney R. Edward Bourdon, Jr. Pembroke Office Park - Building One, 281 Independence Boulevard, Phone: 499-8971, represented the applicant. This is one of the last pieces of property remaining not impacted by the AICUZ noise zones from NAS Oceana. This is not a Workforce Housing Project, but a rezoningfor an upscale, residential single-family neighborhood of one hundred thirteen (113) homes. $60,000 worth ofplayground equipment will be installed in the Park by the developer. Alan Resh, applicant, expressed concern re the resident's remarks and advised on several occasions he met with the Homeowners Association. The members failed to advise he was a developer of New Castle. The following registered in OPPOSITION: Al Moore, 2140 Southcross Drive, Phone: 427-0204, concerned re the traffic increase A traffic count on Dam Neck Road performed last month indicates a 254% increase in the numbers reflected on the application. Tina Milligan, 3801 Southcross, Court, Phone: 427-1051, Vice President- New Castle Civic League, submitted a petition in opposition, containing 141 signatures, which is hereby made a part of the record Mary Phillips, 3809 Southcross Court, Phone: 689-0923, resident of New Castle Lilibeth Silva, 2128 Whitley Abbey Drive, Phone: 427-6658, resident of New Castle Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY the Ordinance upon application of ARGOLD DAM NECK, LLC for a Conditional Chanze of Zoning District Classification The City's staff shall work with the applicant re a traffic light and its location ORDINANCE UPON APPLICATION OF ARGOLD DAM NECK, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R- 15 RESIDENTIAL DISTRICT AND AG-1 AGRICULTURAL DISTRICT TO CONDITIONAL R-7.5 RESIDENTIAL DISTRICT Ordinance upon application of Argold Dam Neck, L.L.c. for a Change of Zoning District Classification from R-15 Residential District and A G-1 Agricultural District to Conditional R -7. 5 Residential District on property located on the south side of Dam Neck Road, approximately 180 feet east of Southcross Drive (GP IN 1484166408 - part oj). DISTRICT 7 - PRINCESS ANNE April 8, 2008 - 53 - Item V-L.8. PLANNING ITEM # 57509 (Continued) Voting: 10-1 Council Members Voting Aye: 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: William R. "Bill" DeSteph Council Members Absent: None April 8, 2008 - 54 - Item V-L.9. PLANNING ITEM # 57510 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ALLOWED WITHDRA W AL: Ordinance to AMEND *502 of the Comprehensive Zoning Ordinance (CZO) and ADD S502.1 re dimensional requirements, design incentives and criteria for porches, upper floors and attached garages in R-5R Residential Resort District 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 April 8, 2008 - 55 - Item V-M.I.. APPOINTMENTS ITEM #57511 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT: HISTORIC SITES ORGANIZING COMMITTEE April 8, 2008 - 56 - Item V-M.l. APPOINTMENTS ITEM #57512 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Gregory D. Goldfarb Unexpired thru 3/31/10 HUMAN RIGHTS COMMISSION 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 April 8, 2008 - 57 - ITEM #57513 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, Agencies and Appointees Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 8:15 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: 8:15 P.M. - 8:50 P.M.) April 8, 2008 i i - 58 - CERTIFICATION OF CLOSED SESSION ITEM # 57514 Upon motion by Councilman Wood, 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 April 8, 2008 i 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 # 57513, Page 57, 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. NOfY, 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. ~ uth Hodges Fraser, MMC City Clerk April 8, 2008 - 59 - Item V-p ADJOURNMENT ITEM # 57515 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8: 55 P.M. a~__t2.:_!L~~/o/ Beverly 6. Hooks, CMC Chief Deputy City Clerk 1n () !..'IJ"-" - __,__ ':e::;:;;~7:rndorf Mayor City of Virginia Beach Virginia April 8, 2008