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HomeMy WebLinkAboutJANUARY 14, 2003 MINUTES City of Virginia Beach "COMMUNITY FOR A LIFETIME" MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 MARGARET L. EURE, Centerville - District I HARRY E. DIEZ,EL, Kempsville - District 2 REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOx, Beach - District 6 JIM REEVE, Prince..s Anne - District 7 PETER W. SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL CITY COUNCIL AGENDA CITY HALL BUILDING I 240i COURTHOUSE DRIVE ViRGiNiA BEACH, VIRGINiA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E MAIL:Ctycncl@vbgov.com JAMES K. SPORE, City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, MMC, City Clerk January 14, 2003 I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:00 PM A. Hampton Roads Economic Development Alliance Donald V. J ellig, Chariman Jones Hooks, President B. Sandbridge Road Corridor Improvements E. Dean Block, Director - Public Works c. Transition Area Master Plan Robert J. Scott, Director - Planning II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL c. RECESS TO CLOSED SESSION v. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Walter Whitehurst Associate Pastor - Charity United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS January 7, 2003 G. AGENDA FOR FORMAL SESSION H. ORDINANCES 1. Ordinances to AMEND the City Code: a. § 2-15 to provide for Mayoral, City Council and School Board Elections to take place on the First Tuesday in November. b. § 36-172 re increase taxicab fares from $0.20 per 1/8 mile ($1.60 per mile) to $0.23 per 1/8 mile ($1.84 per mile)and increase the Waiting Fee from $0.20 per minute ($12.00 per hour) to $0.23 per minute ($13.80 per hour). c. § 2-7 and 2-451 re Boards, Commissions and Committees setting forth the purpose of the duties and appointment of the Volunteer Council Coordinator. 2. Ordinance to AWARD a Lease to CROWN CASTLE GT COMPANY, LLC re telecommunications facilities to be located on a portion of City-owned property at on Elbow Road in the City of Chesapeake. 3. Ordinance to AUTHORIZE $150,000 from retained earnings for the purpose of replacing the Wide Area Network (WAN) telecommunication services and equipment. J. 4. Ordinance to APPROPRIATE $63,606 additional Community Development Block Grant revenue to the FY 2002-03 operating budget ofthe Department of Housing and Neighborhood Preservation for CDBG eligible programs. PLANNING 1. Applications of HARBOUR DEVELOPMENT CORPORATION, L.L.c. at North Landing and West Neck Roads, containing 65.1 acres: (DISTRICT 7 - PRINCESS ANNE) a. Change of Zoning District Classification from AG-l and AG-2 Agricultural to Conditional R-30 Residential re single family lots no less than 30,000 sq. ft. b. Conditional Use Permit re Open Space c. Variance Appeal re certain elements ofthe Subdivision Ordinance, Section 4.4(b), that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) and reduce required street width Deferred: Staff Recommendation Planning Recommendation: July 9 , August 13 and October 8, 2002 DEFER to February 4, 2003 INDEFINITE DEFERRAL 2. Application of HERON RIDGE PROPERTIES L.L.C. for a Change of Zoning District Classification from AG-l and AG-2 Agricultural District to Conditional R-20 Residential District on Seaboard Road and Heron Ridge Lane, containing 6.21 acres in the Transition Area. (DISTRICT 7 - PRINCESS ANNE) Deferred: Recommendation: December 10, 2002 APPROVAL 3. Application of L YNNDUNES, INc. for a Change Of Zoning from B-4 (SD) Resort Commercial with a Shore Drive Corridor Overlay to A-42 Apartment with a PD-H 2 Overlay on the south side of Page Avenue west of Jade Street (3232 Page Avenue), containing 38,986 square feet. (DISTRICT 5- L YNNHA VEN) Recommendation: APPROVAL 4. Application of MICHAEL V. POLAK of Conditional Use Permit re a home occupation (gunsmithing - repair of firearms) at Damascus Trail and Holland Road (3064 Damascus Trail) containing 7, 613 square feet. (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROVAL 5 Application of MARGARET G. P A TSEL for a Conditional Use Permit re a horse boarding facility at Crags Causeway south of Baum Road (6316 Crags Causeway) containing 47,727 square feet. (DISTRICT 7- PRINCESS ANNE) Recommendation: APPROVAL 6. Application ofTBJ, LLC a Conditional Use Permitre three (3) multi-family residential units at Page Avenue and Jade Street (3232 Page Avenue) containing 1, 175 square feet. (DISTRICT 5- L YNNHA VEN) Recommendation: APPROV AL 7. Application of OCEAN FRIES, INc. for a Conditional Use Permitre an eating and drinking establishment at Atlantic Avenue and 23rd Street (2222 Atlantic Avenue) containing 1, 175 square feet. (DISTRICT 6- BEACH) Recommendation: APPROVAL K. APPOINTMENTS HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) MINORITY BUSINESS COUNCIL RESORT ADVISORY COMMISSION (RAC) VOLUNTEER COUNCIL L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ** * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) *********** Agenda Ol/14/03/blb www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 14 January 2003 Mayor Meyera E. Oberndorf called to order the BRIEFING re the HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE in the City Council Conference Room, City Hall Building, on Tuesday, January 14, 2003, at 1 :00 P.M Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Peter W Schmidt [Entered: 1:30 P.M.] - 2- CITY CO UNCIL BRIEFING HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE 1:00 P.M. ITEM # 50622 Donald V. Jellig" Chair - Hampton Roads Economic Development Alliance, recognized the contribution, talent, creativity and vision of the City of Virginia Beach. He advised Mayor Oberndorfhas been extremely active on the Executive Committee, the most frequently participating Mayor; City Manager Spore was instrumental in the founding of the Alliance and its structure; Don Maxwell - Director of Economic Development, both active on the Alliance and the Marketing Advisory Committee. Mr. Jellig introduced the Members in attendance: Jones Hooks President Michael Barrett Treasurer Doug Ellis Capital Campaign - private sector Tom Frantz Capital Campaign - private sector John Matson Past Chair The Hampton Roads Economic Alliance was formed in 1996, then known as Forward Hampton Roads, with one key focus to enhance the competitiveness of this Region in the national and international scene. Its key function was to attract new business. The Alliance maintains an inventory of all available space (office, manufacturing, developable land, office parks, etcetera). The "prospect" views with the Alliance members and the City representatives the various categories of space or real estate available and makes their decision as to the sites to be visited. The "lion's share" of the effort on job creation occurs on the local level. Seventy 70%) percent of new job creations typically occur with the existing businesses. In addition to the Mayor, the City of Virginia Beach, because of its contribution, has four (4) other Board seats currently occupied by Robert G. Jones - Chair, Virginia Beach Development Authority, Donald L. Maxwell- Director of Economic Development, Gerald S. Divaris - Divaris Real Estate, Inc., and Eric A. Hauser - Clark and Stant. The key operating committee is the Executive Committee comprised of the six (6) Mayors and seven (7) representatives from the private sector. Another key operating group is the Marketing Advisory Committee comprised of all the Economic Development Directors of the individual municipalities. A cooperative regional marketing plan is developed which reflects the goals, objectives and needs of each of the cities. First Five (5) Years (1997-2001) 14,211 jobs $491.09-MILLION in Capital Investment $ 34,789 Average Base Salary/Benefits January 14, 2003 - 3 - C I T Y CO UN C I L BRIEFING HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE ITEM # 50622 (Continued) Mr. Jellig advised the year 2002, from macro economic rationale, was not the most spectacular year for results, reflecting both the State's and the Nation's low economy. The Alliance is financed with $1.00 per capita from each jurisdiction and $6. O-MILLIONfrom private companies. One hundred forty-seven (147) companies participate. For every dollar invested in the Hampton Roads Economic Development Alliance (HREDA), THE City of Virginia Beach obtained $10.28 in capital investment. HREDA ASSISTED LOCATIONS EXPANSIONS - VIRGINIA BEACH Federal Express Mailing Concepts/ MCDirect Veervalli International New England Steamship New Horizons CIGNA Group Insurance Lillian Vernon FGI Incorporated IMS Morat Sohne Willcox Industries Safecard Concerning the "ProjectA" Lead Sources, the Virginia Economic Development Partnership is involved with approximately twenty (20%) percent of the prospects. There are 2,000 organizations competing for a company to relocate to their particular region or city. Today, we are competing with the economic development groups throughout te United States and the World. Jones Hooks, President, referenced the HREDA - Virginia Beach Partnership: Virginia Beach Economic Development HREDA Business Attraction Existing Industry Marketing Missions Asset Development Trade Shows Small Business Research Leads Hospitality/Tourism Special Events Retail Direct Mail Entrepreneurial Programs International Promo Campaigns Worliforce Development Consultant Relations National Public Relations January 14, 2003 -4- CITY CO UNCIL BRIEFING HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE ITEM # 50622 (Continued) Mr. Hooks displayed a chart depicting the aggressive marketing plan adopted and executed. Last year 17,403 telephone calls were made by marketing managers contacting companies around the World. Just this week, representatives from the HREDA are visiting three (3) different states: Michigan, New Mexico and Pennsylvania. This is an opportunity to promote Virginia Beach and the region. TARGETS Virginia Beach Priorities HREDA 2003 Strategy Telecommunications Communications Equipment Engineering and Management Engineering, Research and Management Marine Services and Water Transportation Maritime Related Operations related Manufacturing Product Assembly and Testing Computer & Software Development Producing Machinery & Equipment Training & Development Software Development and Programming Business Services (information tech/corporate Corporate Headquarters offices) Defense & Security Defense Contractors Depot & Repair Wholesale Packaging Chemical Processing The HREDA has targetedfor participation: Broadband Wireless, CEBIT, COMDEx, National Enterprise IT, Sea Air Space 2003, Europort 2003, Sensors Expo; and, SuperComm, Technet International in everyone of the Trade Shows requested by the City of Virginia Beach. GOALS: 2002-2003 Creation of 215,500 targeted industry jobs with average salaries and benefits of $35,000 and $640-MILLION in new capital investment to enhance the regional tax base 400 visits to the Region 1,000 corporate appointments January 14, 2003 -5- CITY COUNCIL BRIEFING HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE ITEM # 50622 (Continued) Mr. Hooks will provide information relative the other major cities' return on investment. Mr. Hooks advised the most effective return has been the brokerlconsultant community. Usually companies which have retained site selection consultants are extremely serious companies that have placed financial resources into that process and are moving forward with a project. HREDA attempts to court those site selection consultants extensively. The HREDA tries to maintain a close relationship with the Secretary of Commerce as historically the State has been in a position of bringing new projects. With some of the priorities of the State shifting, with an emphasis on promotion to southwest Virginia and those areas, there has been a decline in the number of projects from the State in this region. There are twelve (12) employees of the HREDA. Donald Maxwell, Director of Economic Development, advised there is an excellent working relationship between the staffs of Economic Development and the Alliance, as well as the other cities in the Region. Relative fewer prospects, Virginia Beach is more selective. There is not any sense expending Human Resource time on a prospect which the City would not desire for its community. Mr. Maxwell commended the leadership of the HREDA. January 14, 2003 r--. - 6- ITEM # 50623 Mayor Meyera E. Oberndorf called to order the CITY MANA GER'S BRIEFINGS re the SANDBRIDGE ROAD CORRIDOR IMPROVEMENTS and TRANSITION AREA MASTER PLAN in the City Council Chamber, City Hall Building, on Tuesday, January 14,2003, at 1:43 P.M Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None January 14, 2003 - 7- CITY MANA GER'S BRIEFINGS SANDBRIDGE ROAD CORRIDOR IMPROVEMENTS 1:43 P.M. ITEM # 50624 E. Dean Block, Director of Public Works, advised a preliminary comparison of the Sandbridge/Nimmo Parkway Corridor was presented to City Council October 8, 2002. City Council requested Wetlands Delineation and confirmation of Nimmo Corridor by meeting with the regulatory agencies. The Nimmo Corridor appeared on the Master Street and Highway Plan in the 1970 's. The Corridor was removed from the Master Transportation Plan in 2001. Sandbridge Road was studied as the primary corridor by the Citizens Advisory Council in 2002. The CAC selected the preferred alignment (Hybrid #1) September 26, 2002. Transportation Needs Summary General Booth Boulevard to Upton Drive requires eight (8) lanes. Four (4) lanes exist on Nimmo Parkway. Two (2) additional lanes on Princess Anne Road are needed Upton Drive to Atwoodtown Road requires six (6) lanes (4 lanes Nimmo/2 lanes Sandbridge or 2 lanes Nimmo/4 lanes Sandbridge) Atwoodtown Road to Sandbridge Beach requires two (2) lanes that meet standards. Sandbridge Road Corridor Improvements Princess Anne Road and Sandbridge Road: 4 lanes divided from General Booth Boulevard to Las Brisas Drive Sandbridge Road: two (2) lane roadway from Atwoodtown Road to Sandfiddler Road Nimmo Parkway Corridor Improvements Four (4) lane divided roadway from Upton Drive to Atwoodtown Road, transition to 2 lanes after Atwoodtown Road Two (2) lane roadway from Atwoodtown Road to Beach. January 14, 2003 - 8- CITY MANAGER'S BRIEFINGS SANDBRIDGE ROAD CORRIDOR IMPROVEMENTS ITEM # 50624 (Continued) Sandbridge Corridor Wetland Impacts (Acres) Emergent Scrub Shrub Forested Unconfirmed Sub- Total Section 1 0 0 1.4 0 1.4 Section 2 0.1 0 0 0 0.1 Section 3 1.4 0.7 2.5 4.2 8.8 Section 4 0 1.9 0.6 0 2.5 Grand Total 12.8 Section 1 - General Booth Boulevard to Upton Drive Section 2 - Upton Drive to Atwoodtown Road Section 3 - Atwoodtown Road to McClanan 's Curve Section 4 - McClanan 's Curve to Sandbridge Road *These figures are based on Hybrid Alternative developed and recommended by CAC Nimmo Environmental Findings Delineation along corridor from Upton Drive to Sandbridge Road at McClanan's Curve 200' wide corridor Counted Cypress Trees impacted by bridge. One hundred (100) trees 4" or larger diameter Confirmed delineation with Corps of Engineers December 17, 2002 Found three (3) headstones near Atwoodtown Road: three (3) headstones from late 1700's in right-of way near Atwoodtown Road. Nimmo Parkway Wetland Impacts (Acres) Emergent Scrub Shrub Forested Cypress Sub- Total Section 1 N/A N/A N/A N/A N/A Section 2 2.3 0.1 2.9 0 5.3 Section 3 2. 0.2 3.7 0.3 6.2 Section 4 0 1.8 0.7 0 2.5 Grand Total 14.0 January 14, 2003 Tr M Pr A M ---- -9- CITY MANAGER'S BRIEFINGS SANDBRIDGE ROAD CORRIDOR IMPROVEMENTS ITEM # 50624 Environmental Impact Summary ansportation Section Sandbridge Road as the Primary Corridor Sum of Sections 2 &3 Nimmo Parkway as the Primary Corridor Project Description ecessary imary Segments 1 Princess Anne Road (4 lane) 1.4 Ac 1.4 Ac. 2 Sandbridge Road (4 lane) 8.9Ac 0.1 Ac. 3 Sandbridge Road (2 lane) 8.8Ac. 4 Sandbridge Road (2 lane) 2.5Ac dditional etwork 2 Nimmo Parkway 5.3 Ac 11.5 Ac (4 lane) 3 Nimmo Parkway 6.2Ac (2 lane) 4 Nimmo Parkway 2.5 Ac (2 lane) TOTAL 12.8 Ac 15.4 Ac 2 Nimmo Parkway 4.3 Ac (2 lane) Sandbridge Road 1.0Ac. Safety GRAND TOTAL 17.1 Ac 16.4 Ac PROJECT SUMMARY Transportation Project Description Sandbridge Road as the Nimmo Parkway as the Primary Corridor Primary Corridor Necessary Princess Anne Road (4 lane) $ 8,475,000 $ 8,475,000 Primary Sandbridge Road (4 lane & 2 lane) $ 30,000,000 - Segments Nimmo Parkway (4 lane) - $13,450,000 Nimmo Parkway (2 lane) - $10,700,000 TOTAL $ 38,475,000 $32,625,000 Additional Nimmo Parkway (2Iane) $ 3,800,000 - Network Sandbridge Road Safety - $ 2,645,000 GRAND TOTAL $ 42,275,000 $35,270,000 January 14, 2003 - 10- CITY MANA GER 'S BRIEFINGS SANDBRIDGE ROAD CORRIDOR IMPROVEMENTS ITEM # 50624 (Continued) Mr. Block advised a meeting (approximately 3 hours in duration) was held on Monday, January 13,2003, attended by the city staff, Councilman Reeve, the Department of Conservation and Recreation, Us. Army Corps of Engineers, Department of Environmental Quality and the United States Fish and Wildlife Service. Comments received were extremely preliminary as an application is not being made. Sandbridge Road Environmental Assessment required 6 to 12 month permitting process Impacts to Hill Property Nimmo Parkway Impacts to Black Gut Opposed by the United States Fish and Wildlife Service Environmental Assessment required Permitting will require significant time and money The Army Corps of Engineers indicated the possibility of permitting a road for ten (10) to fifteen (15) years. The staff believes the Army Corps of Engineers provided a balanced response. Mr. Block advised the options for consideration: Continue with existing Sandbridge CIP project 1. Proceed with design of Sandbridge Road safety improvements 2. Add Sandbridge Road to Regional Plan 3. Proceed with preliminary design of Hybrid#l and Permit application 4. Continue with final design and construction when funds become available Pursue Nimmo Parkway as the preferred corridor 1. Proceed with design of Sandbridge Road safety improvements 2. Add Nimmo Parkway to City's Master Transportation Plan 3. Add Nimmo Parkway to Regional Plan 4. Proceed with Permit Application/Design January 14, 2003 - 11 - CITY MANA GER'S BRIEFINGS SANDBRIDGE ROAD CORRIDOR IMPROVEMENTS ITEM # 50624 (Continued) Mr. Block advised the Nimmo permitting process for Nimmo would entail approximately 2 to 3 years versus 6 to 12 months for Sandbridge. Mr. Chris DeWitt, Vanasse Hangen Brustlin, Inc. (VHB), advised the Environmental Assessment is a process of consultation and coordination among various agencies. While an agency such as the Federal Highway Administration or the Army Corps of Engineers might lead an environmental document and permittingprocess, most of the other agencies attending the meeting on January 13,2003, would be involved and discussing issues under their jurisdiction. The Army Corps of Engineers might have a particular interest in Wetlands impacts, the Department of Conservation and Recreation might be particularly interested in endangered species. Due to impacts to the Refuge, this is a procedural process and that is why the consultants are suggesting the permitting and design process for Nimmo be substantially longer than Sandbridge. One of the issues involved for either Corridor is Section 4F of the Federal Transportation Act, which generally involves publicly owned parks or historical sites. In some cases, even though property might not be taken (as the Wildlife Refuge), by proximity impact to the function of that resource, constructive use has been made of the property; and, therefore would have an impact for which an evaluation is needed. A determination is needed by the various agencies. Impact on wetlands will be an issue. Nimmo affects Cyprus habitat and Sandbridge Road does not. The issue of the quality of that wetland, its relationship to the overall ecological function of the Refuge will be raised on Nimmo, which is not the situation for Sandbridge. Mr. Block advised Ashville Creek is approximately IOO-foot wide. It will entail a 950-foot bridge to span. Mr. Block advised the distance from Upton to the Beach re Nimmo Parkway alignment is 3.8 miles. The Distance on the Sandbridge Road Alignment is 5- Y2 miles. The Sandbridge Road alignment involves two (2) bridges, while the Nimmo Parkway alignment entails one (1) bridge. City Council RECESSED for ten (10) minutes. January 14, 2003 - 12- CITY MANAGER'S BRIEFINGS TRANSITION AREA MASTER PLAN 3:31 P.M. ITEM # 50625 Mr. Scott advised ion August 27, 2002, City Council's resolution established by resolution the Transition Area Technical Advisory Committee (TAT A C). Mr. Scott distributed a copy of the report which is hereby made a part of the record. The committee membership had representation from such diverse groups as environmentalists, developers, landowners, design professionals, Parks and Recreation and Planning Commissioners. Additionally, Council Members Reeve and Schmidt were Liaisons to this committee supported by Planning Department staff and other city of Virginia Beach departments. TAT A C was charged with the responsibility of recommending to the Planning Commission technical means of clarifYing the portion of the Comprehensive Plan concerning the Transition Area consistent with the vision for the Transition Area. The committee met eleven times between September 9, 2002 and November 25, 2002. The public was given an opportunity at the end of each TAT AC meeting to offer comments. On January 13, 2003, this Plan was presented to the Planning and Agricultural Advisory Commissions. On January 27, 2003, the Planning Commission will hold a Special Meeting to receive public comments re the Transition Area Master Plan. On January 28, 2003, City Council will invite public comment in the Formal Session. The Advisory Committee formatted their recommendations into three topics: Open Space/Recreation, Development Design and Infrastructure/Funding. Open Space/Recreation Each main road should be seen as a scenic byway Incorporate wider buffers (rangingfrom 150 feet in width to 300 feet) on either side of selected roadway corridors, which may be used for open space and density credit. Incorporate bike lanes on either side of scenic byways. Designated trails along roadway corridors for north to South and East to West connectivity. These trails meander along the road in some areas to off road where wider buffers are designated. The North Landing River and its tributary West Neck Creek are listed as Virginia State Scenic Waterways as well as being part of the Atlantic Flyway for migratory birds. If trails are to be built in West Neck Creek District Park (or under afuture name) in environmentally sensitive or habitat areas, they should be built so as to minimize adverse impact and conform to federal and state provisions. The committee also advocates connectivity with potential trails south of the Transition Area. Trails planned within developments with the intention of creating connectivity to neighboring developments and to the primary trail system. Maintenance responsibility for each facility should be established prior to construction. Provide for ADA (Americans with Disabilities Act of 1990) accessibility on trails, where practical Utilize public parking, where applicable Designate areas for non-motorized water craft launches January 14, 2003 -13 - CITY MANAGER'S BRIEFINGS TRANSITION AREA MASTER PLAN ITEM # 50625 (Continued) Open Space/Recreation (Continued) Support for a Princess Anne Rural Heritage Park. Design location and operation of park with Agricultural Department in concert with the Agricultural Advisory Commission Designate open space allowing for more active recreation concentrated in the northern portions of the Transition Area and more passive recreation areas located towards the southern portions of the Transition Area. The committee also discussed potential open space south of the Transition Area, which included the Rock Church Property. Provide full connectivity from Stumpy Lake to Back Bay Fragile areas should be protected in perpetuity by appropriate means (i.e. for migratory bird protection) The ranking of potential land acquisition for open space/ recreation areas: Nimmo Center Area West Neck Road/ Natural Area Borrow Pits Area Development/Design Design guidelines for the Transition Area should be developed with the following characteristics: Incorporate thematic architecture and landscaping Identify Activity Centers within the Transition Area Princess Anne Commons Municipal Center Nimmo Center Pungo Center Eco Center Define neighborhood serving commercial areas within a development to allow the residents the opportunity to walk instead of getting into their yards No "big box" commercial establishments Strive to achieve 50% of developable area for open space while meeting established criteria Allow varying lots sizes with no lot size minimum Minimize the amount of impervious surface for all development, public and private, and re-evaluate the Public Works Standards with this goal in mind Employ Low Impact Development techniques January 14, 2003 -14 - CITY MANAGER'S BRIEFINGS TRANSITION AREA MASTER PLAN ITEM # 50625 (Continued) Development/Design (Continued) Add more specific language and graphics to the Transition Area Matrix as the basis for the design guidelines A maximum of one dwelling unit per developable acre should be earned based upon quality of design using the matrix Active adult communities are to be encouraged and should be treated differently Encourage regional storm water management where practical and consistent with federal and state standards Infrastructure and Funding The staff should develop a multi-year infrastructure improvement plan, emphasizing those elements highlighted by the committee, including funding for their construction and ongoing maintenance. The funding should not place tax burdens on taxpayers outside the Transition Area for improvements whose benefit is unique to the Transition Area. Instead, it should derive its funding primarily from the substantial differential between the cost of new houses constructed in this area and the average cost of a new home built in the community. Earmark an appropriate amount of the increased revenue for construction and maintenance of public facilities in the Transition Area. Should individual developments not generate sufficient funds to cover their impact on the transition area infrastructure, other strategies, such as proffers, may be employed to make up the difference. Mr. Scott advised the typical houses being built in the Transition Area are mainly in the $400,000 range. The average house within the City is approximately $145,000, with the average new house being $225,000. The real estate tax revenue is approximately $3,000 per year more than the average residence in the City and about $2,000 per year more than the average newly constructed house and about $800 per year more than a mythical fiscally neutral house. Mr. Scott advised Jim Arnhold did not sign the recommendations as he was out of the City. Tim Barrow did indicate a reluctance to sign. Mr. Scott advised the Green Line was established by the City Council with adoption of the 1979 Comprehensive Plan. North of the Green Line are those areas of the City where supporting facilities for growth could be provided. South of the Green Line, the City does not have the ability to finance major infrastructure improvements. Accordingly, growth is not encouraged in this area. In 1991, the City Council made an adjustment to this rule with the establishment of Transition Area I This was a triangle area, basically bounded by the old borough line with the base of the triangle being North Landing Road. Some special considerations involved this area beingfiscally neutral. Transition Area II, basically between North Landing Road, Indian River Road and West Neck Creek, primarily recognized the existence of development that predated the Plan and was the result of Downzoning in 1986. Transition Area III is approximately from West Neck Creek eastward to Newbridge Road. In 1997, Transition Area I, II and III were combined into one Transition area. January 14, 2003 - 15 - ITEM # 50626 Mayor Meyera E. Oberndorf called to order the REVIEW OF AGENDA ITEMS in the City Council Conference Room, City Hall Building, on Tuesday, January 14, 2003, at 4:44 PM. Council Members Present: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Margaret L. Eure [Became ill: left at 4:44 P.M.] January 14, 2003 - 16- AGENDA RE VIE W SESSION 4:44 P.M. ITEM # 50627 H 1. Ordinance to AMEND the City Code: b. § 36-172 re increase taxicab fares from $0.20 per 1/8 mile ($1.60 per mile) to $0.23 per 1/8 mile ($1.84 per mile)and increase the Waiting Fee from $0.20 per minute ($12.00 per hour) to $0.23 per minute ($13.80 per hour). Council Lady McClanan expressed concern and advised the individuals most affected by this rate increase are the lower income residents of the City, who rely on the taxicab for transportation to Social Services, hospitals, check cashingfacilities. C Oral Lambert, Jr., Chief Operating Officer, advised the request came to the staff directly from the taxi industry. This request was based on local companies' concerns Virginia Beach's rates were low regionally, and were not in keeping with price level increases in gas, insurance and auto repairs. The cab companies requested City Council consider increasing the current fare structure form $1.60 per mile to $1. 75 per mile. The City Council establishes the cap for the rate. Catheryn Whitesell, Director of Management Services, advised the taxicab industry is coordinating with the Planning Department staff to address handicap para transit issues. This item shall be discussed during the Formal Session. ITEM # 50628 H2. Ordinance to A WARD a Lease to CROWN CASTLE GT COMPANY, LLC re telecommunications facilities to be located on a portion of City-owned property at on Elbow Road in the City of Chesapeake The City Manager advised this site is located on Elbow Road in the City of Chesapeake and is part of the 400 acre Stumpy Lake acquisition. The existing lessee, Crown Castle, desires to continue to rent the property and sublease space on the tower to wireless telecommunications providers. Deputy City Attorney Macali, distributed an organization chart and a list of officers/directors/authorized representatives for Crown Castle GT Company LLC Said information shall be made a part of the record. Deputy City Attorney Macali advised Councilman Schmidt that Parks and Recreation is basically in charge of the property and believe this to be a suitable site. January 14, 2003 -17 - AGE N DA REV I E W S E S S ION ITEM # 50629 BY CONSENSUS, the following shall compose the CONSENT AGENDA: H 1. Ordinance to AMEND the City Code: c. § 2- 7 and 2-451 re Boards, Commissions and Committees settingforth the purpose of the duties and appointment of the Volunteer Council Coordinator H2. Ordinance to A WARD a Lease to CROWN CASTLE GT COMPANY, LLC re telecommunications facilities to be located on a portion of City-owned property at on Elbow Road in the City of Chesapeake H3 Ordinance to AUTHORIZE $150,000 from retained earnings for the purpose of replacing the Wide Area Network (WAN) telecommunication services and equipment H4. Ordinance to APPROPRIATE $63,606 additional Community Development Block Grant revenue to the FY 2002-03 operating budget of the Department of Housing and Neighborhood Preservation for CDBG eligible programs January 14, 2003 -18 - AGE N DA REV I E W S E S S ION ITEM # 50630 J.2. Application of HERON RIDGE PROPERTIES L.L. c.for a Chamæ ofZoninf! District Classification from A G-1 and AG-2 Agricultural District to Conditional R-20 Residential District on Seaboard Road and Heron Ridge Lane, containing 6.21 acres in the Transition Area. (DISTRICT 7 - PRINCESS ANNE) Councilman Reeve advised the applicant has submitted a revised plan showing a reduction in the number of lots from ten (10) to nine (9) single-family residential site. The applicant has proffered the minimum size of dwelling unit allowed and minimum exterior design features for the units that are consistent with the existing homes in the subdivision. This will ensure that the level of quality currently established in the community is maintained. ITEM # 50631 J.3. Application of LYNNDUNES, INc. for a Cham¡e Of Zoningfrom B-4 (SD) Resort Commercial with a Shore Drive Corridor Overlay to A-42 Apartment with a PD-H 2 Overlay on the south side of Page Avenue west of Jade Street (3232 Page Avenue), containing 38,986 square feet. (DrSTRfCT 6 - BEACJI) (DISTRICT 5- LYNNHA VEN) This application will be discussed during the Formal Session. ITEM # 50632 J.4. Application of MICHAEL V. POLAK of Conditional Use Permit re a home occupation (ømsmithinf! - repair of firearms) at Damascus Trail and Holland Road (3064 Damascus Trail) containing 7, 613 square feet. (DISTRICT 7 - PRINCESS ANNE) Mayor Oberndorf and Council Lady McClanan will vote NAY on this item. ITEM # 50633 J. 6. Application of TBJ, LLC a Conditional Use Permit re three (3) multi-family residential units at Page Avenue and Jade Street (3232 Page Avenue) containing 1, 175 square feet. (DJSTRJ-CT 6 - B£ACTI) (DISTRICT 5- L YNNHA VEN Councilman Wood advised receipt months ago of letters of opposition and then recently received letters rescinding the opposition, This is an odd size lot and without this Conditional Use Permit would basically render the application unbuildable. January 14, 2003 ~ 19- AGE N DA REV I E W S E S S ION ITEM # 50634 J 7. Application of OCEAN FRIES, INc. for a Conditional Use Permit re an eatin~ and drinkin~ establishment at Atlantic Avenue and 23rd Street (2222 Atlantic Avenue) containing 1, 175 square feet. (DISTRICT 6- BEACH) Councilman Maddox believes there may be one individual registered in opposition ITEM # 50635 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: J1. Applications of HARBOUR DEVELOPMENT CORPORATION, L.L.c. at North Landing and West Neck Roads, containing 65.1 acres (DISTRICT 7 - PRINCESS ANNE) a. Change of Zonim! District Classification from A G-l and AG-2 Agricultural to Conditional R-30 Residential re single family lots no less than 30,000 sq. ft. b. Conditional Use Permit re Open Space Promotion. c. Variance Appeal re certain elements of the Subdivision Ordinance, Section 4.4(b), that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) and reduce required street width (DISTRICT 7 - PRINCESS ANNE) J2. Application of HER ON RIDGE PROPERTIES L.L.c.for a Change of Zoning District Classification from A G-l and AG-2 Agricultural District to Conditional R-20 Residential District on Seaboard Road and Heron Ridge Lane, containing 6.21 acres in the Transition Area. (DISTRICT 7 - PRINCESS ANNE) J4. Application of MICHAEL V. POLAK of Conditional Use Permit re a home occupation (gunsmithin~ - repair of firearms) at Damascus Trail and Holland Road (3064 Damascus Trail) containing 7, 613 square feet. (DISTRICT 7 - PRINCESS ANNE) J5. Application of MARGARET G. PATSEL for a Conditional Use Permit re a horse boarding facility at Crags Causeway south of Baum Road (6316 Crags Causeway) containing 47, 727 square feet (DISTRICT 6 BEACII). (DISTRICT 7- PRINCESS ANNE) January 14, 2003 I - 20- AGE N DA REV I E W S E S S ION ITEM # 50635 (Continued) J. 6. Application of TBJ, LLC a Conditional Use Permit re three (3) multi-family residential units at Page Avenue and Jade Street (3232 Page Avenue) containing 1, 175 square feet. (DISTRICT 6 B£ACIl) (DISTRICT 5- LYNNHAVEN Item J.1. (Harbour Development Corporation) will be DEFERRED, BY CONSENT, until the City Council Session of February 4, 2003. Mayor Oberndorf and Council Lady McClanan will vote NAY on Item J.4. (Michael V. Polak) January 14, 2003 - 21 - ITEM # 50636 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, January 14, 2003, at 5:05 P..M. Council Members Present: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Margaret L. Eure [Became ill: left at 4:44 P,M.] January 14, 2003 - 22- ITEM # 50637 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Hampton Roads Planning District Commission Minority Business Council Resort Advisory Commission Volunteer Council PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly-held real property, where discussion in an open meeting would adversely affect the bargainingposition or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Agricultural Reserve Program - Princess Anne District (four parcel) PROSPECTIVE BUSINESS OR INDUSTRY: Discussion concerning a prospective business or industry where no previous announcement has been made of the business' or industry's interest in locating in the community pursuant to Section 2.2-3711(A)(3) LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.2- 3711(A)(7). Adams Outdoor Advertising, LP. v. City of Virginia Beach Adams Outdoor Advertising, LP. v. Board of Zoning Appeals Upon motion by Councilman Jones, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L Wood Council Members Voting Nay: None Council Members Absent: Margaret L Eure (5:05 P.M. - 6:00 P.M.) January 14, 2003 - 23- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 14, 2003 6:08 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, January 14, 2003, at 6:08 P.M. Council Members Present: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Margaret L. Eure [Became ill: left at 4:44 P.M.] INVOCATION- Reverend Walter Whitehurst Associate Pastor - Charity United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA January 14, 2003 - 24- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 50638 Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. 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, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Margaret L. Eure January 14, 2003 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 # 50637, page 22, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711 (A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. - January 14,2003 - 25 - Item V-F.J. MINUTES ITEM # 50639 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of January 7, 2002 Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Margaret L. Eure January 14, 2003 Item V-G. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 26- ITEM # 50640 AGENDA FOR THE FORMAL SESSION January 14, 2003 -27- Item V-I. 0 RD INAN CES/RESO L UTI 0 NS ITEM # 50641 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council APPROVED IN ONE MOTION Items lc, 2,3 and 4 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Margaret L. Eure January 14, 2003 - 28- Item V-L1.a. 0 RD INAN CES/RESO L UTI 0 NS ITEM # 50642 The following registered in SUPPORT: Al Wallace, 4601 Chippendale Court, Phone: 497-2187, President - Council of Civic Organizations Steven Cowan, 280 South Parliament Drive, Phone: 473-8610 The following registered in OPPOSITION: William Bailey, 481 Rosecroft Road, Phone: 288-5761, represented Virginia Beach Coalition of Public Employees, Fire Fighters and Police officers. Henry Ryto, 864 Old Virginia Beach Road, Phone: 428-2763 Brian Kirwin, 304 Cripple Creek Court, Phone: 463-0399, believed the best choice would be DEFERRAL With Vice Mayor Jones PRESIDING, Mayor Oberndorf made a motion to ADOPT, seconded by Councilman Maddox: Ordinance to AMEND the City Code: a.§ 2-15 to provide for Mayoral, City Council and School Board Elections to take place on the First Tuesday in November. Voting: 4-6 (AFFIRMATIVE MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Harry E. Diezel" Richard A. Maddox, Mayor Meyera E. Oberndorf, and James L. Wood Council Members Voting Nay: Vice Mayor Louis R. Jones, Reba S. McClanan Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Absent: Margaret L. Eure January 14, 2003 - 29- Item V-I.l.b. 0 RD INAN CES/RESO L UTI 0 NS ITEM # 50643 The following registered in SUPPORT: Andrew Felix, represented Andy's Cabs, 1541 Beachview Drive, Phone: 467, 4752 Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to AMEND the City Code: b. § 36-172 re increase taxicab fares from $0.20per 118 mile ($1,60 per mile) to $0.23 per 118 mile ($1.84 per mile)and increase the Waiting Feefrom $0.20 per minute ($12.00 per hour) to $0.23 per minute ($13.80 per hour). Voting: 8-2 Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: Reba S. McClanan and Rosemary Wilson Council Members Absent: Margaret L. Eure January 14, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 AN ORDINANCE TO AMEND AND REORDAIN SECTION 36-172 OF THE VIRGINIA BEACH CITY CODE PERTAINING TO MAXIMUM RATES FOR TAXICABS SECTION AMENDED: § 36-172 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 36-172 of the City Code is hereby amended and 9 reordained to read as follows: Sec. 36-172. (a) Maximum rates for taxicabs. No person owning, controlling or driving a operating, taxicab wi thin the city shall charge an amount to exceed the following rates of fare: (1 ) (2 ) ( 3) (4 ) For the first one-eighth of a mile or fraction thereof ..........,.... $1. 75 For each succeeding one-eighth of a mile or fraction thereof . . . .. . B7ZB 0.23 Trunk charge 0.50 . . . . . For each minute of waiting time B7ZB 0.23 . . . . If hired on an hourly basis, the rate of twelve dollar3 (Ç12.00) thirteen dollars and eiqhtv cents ($13.80) per hour shall apply. (b) Notwithstanding the provisions of this section, taxicabs bringing passengers into this city from without the city shall charge the rates prescribed by the city or county in which they are licensed. 26 27 28 29 30 31 32 33 (c) Any application for a fare increase under this section shall include justification and such such fare for lncrease financial and operating information as may be requested by the city manager. The city council shall hold a public hearing before acting on any such application for a fare increase, after public notice for at least ten (10) days. Adopted Council City Virginia Beach, of the of by the Virginia, on the 14th day of January, 2003. CA-8691 data\proposed\36-172\ord.wpd January 8, 2003 R-3 2 - 30- Item V-Ll.c. 0 RD INAN CES/RESO L UTI 0 NS ITEM # 50644 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to AMEND the City Code: c. § 2- 7 and 2-451 re Boards, Commissions and Committees setting forth the purpose of the duties and appointment of the Volunteer Council Coordinator. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Margaret 1. Eure January 14, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 ORDINANCE TO AMEND THE CITY CODE BY ADDING A NEW SECTION 2-7, PERTAINING TO THE VOLUNTEER COUNCIL COORDINATOR, AND AMENDING SECTION 2- 451 PERTAINING TO BOARDS, COMMISSIONS AND COMMITTEES 6 7 Section Amended: § 2-451 Section Added: § 2-7 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a new Section 2-7 of the City Code is hereby added to Article I of Chapter 2 of the City Code, and Section 2-451 of the City Code is hereby amended and reordained, to read as follows: ARTICLE I. IN GENERAL . . . . Sec. 2-7. Volunteer Council; Coordinator The Volunteer Council shall promote volunteerism within City governmental aqencies to enhance the economic, educational, social and physical quality of the community and to support municipal services valued by citizens of the City. The City Council shall appoint a Volunteer Council Coordinator, who shall serve without pav and at the pleasure of the Citv Council and shall coordinate the activities of the Volunteer Council and volunteers of the City. ARTICLE XXII. BOARDS, COMMISSIONS AND COMMITTEES Sec. 2-451. Definition of boards, commissions and committees. Boards shall be defined as those advisory council-appointive agencies which are Virginia prescribed by the Code State as 27 28 29 30 31 32 33 34 35 "boards," as well as locally established bodies, the duty of which pertains to or is governed by federal and state codes or local ordinances. Terms shall be specified and limited in accordance with the applicable federal or state codes or local ordinances or resolutions. Those currently established are as follows: Volullteer COUIlcil coordiIlator Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14th day of January, 2003. CA-8715 wmm\ordres\volunteercouncilordin.wpd January 7, 2003 R-3 2 - 31 - Item V-I. 2. 0 RD INAN CES/RESO L UTI 0 NS ITEM # 50645 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to AWARD a Lease to CROWN CASTLE GT COMPANY, LLC re telecommunications facilities to be located on a portion of City- owned property on Elbow Road in the City of Chesapeake. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Margaret 1. Eure January 14, 2003 AN ORDINANCE TO AWARD A LEASE OF A PORTION OF THE CITY PROPERTY LOCATED ON ELBOW ROAD, IN THE CITY OF CHESAPEAKE, TO CROWN CASTLE GT COMPANY, LLC, FOR THE PURPOSE OF MAINTAINING AND OPERATING WIRELESS TELECOMMUNICATIONS FACILITIES WHEREAS, the Clerk has laid before the City Council, at its first regular session held after the completion of the publication thereof, an ordinance adopted June 25, 2002, entitled "AN ORDINANCE TO PROVIDE FOR THE LEASE OF A PORTION OF PROPERTY OWNED BY THE CITY OF VIRGINIA BEACH AND LOCATED AT 2705 ELBOW ROAD, IN THE CITY OF CHESAPEAKE, FOR THE PURPOSE OF MAINTAINING AND OPERATING WIRELESS TELECOMMUNICATIONS FACILITIES," together with a certificate of due publication of the same once per week for two successive weeks in a newspaper of general circulation in the City, in the manner prescribed by law; and WHEREAS, Crown Castle GT Company, LLC has submitted the highest bid for the award of such lease, which bid was delivered to the Mayor in open session on the day and hour named in the advertisement and was read aloud; and WHEREAS, the Mayor then and there inquired for any further bids, and none were submitted; and WHEREAS, in the opinion of the City Council, it is expedient and in the best interests of the City that the said lease should be granted to Crown Castle GT Company, LLC ; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the bid of Crown Castle GT Company, LLC be, and hereby is, accepted, and that the aforesaid lease be, and hereby is, awarded to Crown Castle GT Company, LLC, upon the conditions set forth in such lease. 2. That the name of Crown Castle GT Company, LLC shall be inserted in the aforesaid lease, and that the City Manager shall execute, on behalf of the City, the attached lease entitled "Communication Tower Lease Agreement (Stumpy Lake Tower Site), City of Virginia Beach, Lessor and Crown Castle GT Company, LLC, Lessee," a summary of the material terms of which is hereto attached and a copy of which is on file in the Office of the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 4tI9ay of ,Jðnl1ary 2003. CA-8701 wmm\ord res\stu mpylake2ord in. wpd R-1 December 30,2003 'L~ reation Department APPROVED AS TO LEGAL SUFFICIENCY: h ~ /tf f11d Law Department 2 - 32- Item V-I.3. 0 RD INAN CES/RESO L UTI 0 NS ITEM # 50646 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to AUTHORIZE $150,000 from retained earnings for the purpose of replacing the Wide Area Network (WAN) telecommunication services and equipment. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Margaret L. Eure January 14, 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO AUTHORIZE THE EXPENDITURE OF $150,000 FROM RETAINED EARNINGS IN THE INFORMATION TECHNOLOGY INTERNAL SERVICE FUND FOR THE PURPOSE OF PURCHASING EQUIPMENT AND SERVICES TO UPGRADE THE WIDE AREA NETWORK WHEREAS, the support agreements for the City's current wide area network that provides remote connectivity to the Municipal Center Campus and other City sites will soon expire; and WHEREAS, funding for these improvements is available in the Information Technology Internal Service Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: $150,000 Department of by the expenditure of That the 19 Communication and Information Technology from the retained earnings 20 Fund is hereby in the Information Technology Internal Service 21 authorized for the purpose of purchasing equipment and services to 22 upgrade the wide area network. 23 24 Virginia Beach, City Council of of the by the Adopted 25 14th of January , 2003. Virginia, on the CA-8698 Ordin/noncode/telecom.ord.wpd January 8, 2002 R5 Approved as to Content: Approved as to Legal Sufficiency: ./' "..--- ¡¿~j ,/-'. /Z;, City AttO~¡;OUice - 33- Item V-I.4. 0 RD INAN CES/RES 0 L UTI 0 NS ITEM # 50647 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to APPROPRIATE $63,606 additional Community Development Block Grant revenue to the FY 2002-03 operating budget of the Department of Housing and Neighborhood Preservation for CDBG eligible programs. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Margaret L. Eure January 14, 2003 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO APPROPRIATE $63,606 OF ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT REVENUE TO THE FY 2002- 03 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION FOR ELIGIBLE PROGRAMS WHEREAS, $ 63, 606 of additional Community Development Block 10 Grant ("CBDG" ) revenue has been realized from the repayment of 11 loans and is available for CDBG eligible programs. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, Virginia: 14 That $63,606 of additional Community Development Block Grant 15 revenue is hereby appropriated to the FY 2002-03 Operating Budget 16 of the Department of Housing and Neighborhood Preservation to 17 operate CDBG eligible programs, with revenue from the repayment of 18 loans (Non-Revenue Receipts) in the Operating Budget increased 19 accordingly. 20 Adopted by the Council of the City of Virginia Beach, Virginia 21 on the 14th day of January, 2003. CA8705 Ordin/noncode/CDBG.ord January 6, 2003 R3 Approved as to Content: Approved as to Legal Sufficiency: Management ~~Q- Item V-J. PLANNING - 34- ITEM # 50648 1. . HARBOUR DEVELOPMENT CORPORATION, L.L.c. 2. HERON RIDGE PROPERTIES, L.L.c. 3. LYNNDUNES, INc. 4. MICHAEL V. POLAK 5. MARGARET G. PATSEL 6. TBJ, LLC 7. OCEAN FRIES, INc. CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT VARIANCE CONDITIONAL CHANGE OF ZONING CHANGE OF ZONING CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT January 14, 2003 - 35 - Item V-J.1. PLANNING ITEM # 50649 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council APPROVED IN ONE MOTION Items 1 (DEFERRED), 2,4, 5 and 6 of the PLANNING BY CONSENT AGENDA. Item 1 was DEFERRED until the City Council Session of February 4, 2003. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Margaret 1. Eure Mayor Oberndorf and Council Lady McClanan voted NAY on Item J.4. (POLAK) January 14, 2003 - 36- Item V-J.l. PLANNING ITEM # 50650 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council DEFERRED to the City Council Session of February 4, 2003, Ordinances upon applications of HARBOUR DEVELOPMENT CORPORATION for a Conditional Change of Zoning, Conditional Use Permit and Variance Appeal to decision of Administrative Officers re certain elements of the Subdivision Ordinance, Section 4.4(b), that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO): ORDINANCE UPON APPLICATION OF HARBOUR DEVELOPMENT CORPORATION, LL c., A VIRGINIA LIMITED LIABILITY COMPANY, FORA CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A G-1 AND AG-2 TO CONDITIONAL R-30 Ordinance upon Application of Harbour Development Corporation, LL c., a Virginia limited liability company, for a Cham!e of Zonin~ District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-30 Residential District on certain property located on the south side of N Landing Road, west of West Neck Road (GPIN #1493-58-7581). The proposed zoning to Conditional R-30 is for single family land use on lots no less than 30,000 square feet. The Comprehensive Plan recommends use of this parcel for appropriate growth opportunities, consistent with the economic vitality policies of Virginia Beach. Said property contains 65.1 acres. DISTRICT 7 - PRINCESS ANNE. ORDINANCE UPON APPLICATION OF HARBOUR DEVELOPMENT CORPORATION, LLc., A VIRGINIA LIMITED LIABILITY COMPANY, FOR A CONDITIONAL USE PERMIT FOR AN OPEN SPACE PROMOTION Ordinance upon Application of Harbour Development Corporation, LL c., a Virginia limited liability company, for a Conditional Use Permit for an Open Space Promotion on certain property located on the south side ofN Landing Road, west of West Neck Road (GPIN #1493-58-7581). Said property contains 65.1 acres. DISTRICT 7 - PRINCESS ANNE. AND, Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Harbour Development Corporation. Property is located on the south side of N Landing Road, west of West Neck Road (GPIN #1493-58-7581). Said property contains 65.1 acres. DISTRICT 7 - PRINCESS ANNE January 14, 2003 - 37- Item V-J.1. PLANNING ITEM # 50650 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Margaret L. Eure January 14, 2003 - 38- Item V-J.2. PLANNING ITEM # 50651 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED an Ordinance upon application of HERON RIDGE PROPERTIES L.L. C. for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF HERON RIDGE PROPERTIES, L.L.C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-lIAG-2 TO CONDITIONAL R-20 Z01032133 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Heron Ridge Properties, L.L. C for a Change of Zoning District Classification from AG-lIAG-2 Agricultural District to Conditional R-20 Residential District on the northwest corner of Seaboard Road and Heron Ridge Lane (GPIN 2403663203). The proposed zoning classification change to R-20 is for residential land use on lots with a minimum of 20,000 square feet. The Comprehensive Plan recommends this parcel for uses consistent with the policies of the Comprehensive Plan for the Transition Area. Said parcel contains 6.21 acres more or less. DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court 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 Fourteenth of January, Two Thousand Three. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Margaret L. Eure January 14, 2003 - 39- Item V-J.3. PLANNING ITEM # 50652 The following registered in SUPPORT: Attorney R. E. Bourdon, Phone: 499-8971, represented the applicant and distributed photographs of the site, adjoining properties and rendering of the proposed application. The proposal is to develop 18 condominium units on this 39,000 square foot parcel The following registered in OPPOSITION: Attorney Bill Bischoff, 512 Bushmell Drive, Phone: 422-4700, represented the Harbor View Condominium Association, distributed petitions from 19 of 23 owners in OPPOSITION and a copy of the original plan submitted in 1998. Said petition and plan are hereby made a part of the record. Todd Solomon, 2360 First Landing Land, Phone; 496-5733, represented the Shore Drive Community Coalition. A MOTION was made by Councilman Wood, seconded by Councilman Reeve to ADOPT an Ordinance upon application ofLYNNDUNES, INc.for a Chamæ OfZonim!: ORDINANCE UPON APPLICATION OF LYNNDUNES, INC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-4 (SD) RESORT COMMERCIAL DISTRICT WITH A SHORE DRIVE CORRIDOR 0 VERLA Y TO A -24 AP AR TMENT DISTRICT WITH A P D- H2O VERLA Y Ordinance upon Application of Lynndunes, Inc. for a Change of Zoning District Classification from B-4 (SD) Resort Commercial District with a Shore Drive Corridor Overlay to A-24 Apartment District with a PD-H 2 Overlay on the south side of Page Avenue, 530 feet more or less west of Jade Street (GPIN 1489899316; 1489899450; 1489899457; 1489890364; 1489890350; 1489899298). Said parcel contains 38,986 square feet more or less. DISTRICT 5 - LYNNHA VEN Voting: 5-5 (AFFIRMATIVE VOTE TO APPROVE LOST TO A TIE VOTE) Council Members Voting Aye: Richard A. Maddox, , Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, and James L. Wood Council Members Voting Nay: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Rosemary Wilson Council Members Absent: Margaret L. Eure January 14, 2003 Item V-J.4. PLANNING - 40- ITEM # 50653 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED an Ordinance upon application of MICHAEL V. POLAK of Conditional Use Permit re a home occupation ORDINANCE UPON APPLICATION OF MICHAEL V. POLAK FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (GUNSMITHING - REPAIR OF FIREARMS) RO10331070 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Michael V. Polak for a Conditional Use Permit for a home occupation on the north side of Damascus Trail, 1,336.34 feet west of Holland Road (GPIN 1494492834). Said parcel is located at 3064 Damascus Trail and contains 7,613 square feet. The following conditions shall be required: 1. This Conditional Use Permit is for repair work only. No sale of firearms or other products or merchandise is permitted. 2. No more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity associated with the home occupation. 3. No traffic shall be generated by the home occupation in greater volumes than would normally be expected in the neighborhood. 4. No sign identifYing the business shall be installed on the exterior of any building on the property or within any yard of the property. 5. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virgin ia Beach, Virginia, on the Fourteenth of January, Two Thousand Three. January 14, 2003 - 41 - Item V-J.4. PLANNING ITEM # 50653 (Continued) Voting: 8-2 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: Mayor Meyera E. Oberndorf and Reba S. McClanan Council Members Absent: Margaret 1. Eure January 14, 2003 - 42- Item V-J.5. PLANNING ITEM # 50654 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED an Ordinance upon application of MARGARET G. PATSELfor a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MARGARET G. PATSEL FOR A CONDITIONAL USE PERMIT FOR A HORSE BOARDING FACILITY RO10331071 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Margaret G. Patsel for a Conditional Use Permit for a horse boarding facility on the east side of Crags Causeway, 380 feet more or less south of Baum Road (GPIN 1387855529). Said parcel is located at 6316 Crags Causeway and contains 17.669 acres DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. There shall be no more than 18 horses boarded on this site at one time. 2. No more than eight horses shall be boarded in the existing barn 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 Fourteenth of January, Two Thousand Three. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Margaret L. Eure January 14, 2003 Item V-J. 6. PLANNING - 43- ITEM # 50655 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED an Ordinance upon application of TBJ, LLC for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TBJ, LLc. FOR A CONDITIONAL USE PERMIT FOR THREE (3) RESIDENTIAL UNITS ROJO33 JO 72 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of TBJ, L.L. C. for a Conditional Use Permit for three (3) residential units on the west side of Page Avenue, 396.92feet south of Jade Street (GPIN 1489899629). Parcel is located at 3232 Page Avenue and contains approximately 47,727 square feet. The following conditions shall be required: 1. The site shall be developed in substantial conformance with the submitted site plan titled "EXHIBIT PLAN OF LOT 15, BLOCK 2, LYNNHA VEN SHORES FOR TBJ ASSOCs." Prepared by Kellam - Gerwitz Engineering, Inc., and dated 10/14/02. Said plan is on file in the City of Virginia Beach Planning Department. 2. The proposed building shall be constructed in substantial conformance with the submitted architectural elevations titled "PAGE AVENUE CONDOS, VIRGINIA BEACH, VIRGINIA ", prepared by Warner and Associates, and dated 10/14/02, revised 11/21/02. Said plan is on file with the City of Virginia Beach Planning Department. 3. The applicant shall submit a landscape plan in accordance with the Site Plan Ordinance, Section 5A, for the site. The landscape plan shall address restoration and replanting of the area between Page Avenue and the parking area. This area shall be planted with plants that are recommended in the Shore Drive Corridor Plan plant list. 4. The applicant shall work with staff to protect and preserve the live oak tree existing in the Page Avenue right-of-way at the southeast corner of the site. 5. The applicant and staff shall work together to modifY the pitch of the roof on the structure to reflect the recommendations of the Shore Drive Corridor Design Guidelines with a pitch between 6:12 and 10:12. January 14, 2003 - 44- Item V-J. 6. PLANNING ITEM # 50655 (Continued) This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of January, Two Thousand Three. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Margaret L. Eure January 14, 2003 Item V-J. 7. PLANNING - 45 - ITEM # 50656 Attorney John Richardson represented the applicant Jerry Hallal, 5024 Westgrove, Phone: 499-8834, displaced property owner, registered in OPPOSITION Upon motion by Councilman Maddox, seconded by Councilman Schmidt, the City Council ADOPTED an Ordinance upon Application of OCEAN FRIES, INc. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF OCEAN FRIES, INc., FOR A CONDITIONAL USE PERMIT FOR AN EATING AND DRINKING ESTABLISHMENT RO10331073 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Ocean Fries, Inc., for a Conditional Use Permit for an eating and drinking establishment on the west side of Atlantic Avenue, 23. 53 feet south of23rd Street (GPIN 2427193069). Said parcel is located at 2222 Atlantic Avenue and contains 1,175 squarefeet. The following conditions shall be required: 1. The conditional use permit is approved for one year, at which time, based on an administrative review, the Planning Director shall determine if the use permit should be renewed for an additional year or referred to the City Council for further review. 2. All necessary permits, inspections, and approvals from the Planning Department, the Fire Department, and the Alcohol Beverage Control Board shall be obtained before occupancy of the expansion. A Certificate of Occupancy for the units shall be obtained from the Permits and Inspections Division of the Department of Planning. 3. The applicant shall install a decorative canvas awning / canopy across the entire front of the units. The awning / canopy shall substantially adhere to the submitted untitled elevation on file in the City of Virginia Beach Planning Department. The awning / canopy shall be complementary to the surrounding uses and consistent with the theme of the public improvements in the Oceanfront Resort Area. The Director of Planning or his designee shall make the determination of compliance with this condition. 4. All business activities, specifically the identification checks of patrons, shall be conducted inside the structure. 5. The abilitv to exclude minors shall commence at 10:00 P.M January 14, 2003 - 46- Item V-J. 7. PLANNING ITEM # 50656 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virgin ia Beach, Virginia, on the Fourteenth of January, Two Thousand Three Voting: 8-2 Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: Mayor Meyera E. Oberndorf and Rosemary Wilson Council Members Absent: Margaret L. Eure January 14, 2003 - 47- Item V-K.1. APPOINTMENT ITEM # 50657 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS RESORT ADVISORY COMMISSION (RAC) January 14, 2003 - 48- Item V-K.2. APPOINTMENT ITEM # 50658 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Harry E. Diezel unexpired thru 6/30/04 HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) Voting: 9-0 Council Members Voting Aye: Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Harry E. Diezel Council Members Absent: Margaret L. Eure January 14, 2003 - 49- Item V-K.3. APPOINTMENT ITEM # 50659 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Edwin G. Tirona unexpired thru 5/31/03 plus 2 years 6/1/03 - 5/31/05 MINORITY BUSINESS COUNCIL Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Margaret 1. Eure January 14, 2003 - 50- Item V-K.4. APPOINTMENT ITEM # 50660 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Mary C. Russo No term applicable VOLUNTEER COUNCIL (Volunteer Council Coordinator) Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Margaret L. Eure January 14, 2003 - 51 - Item V-N.1. ADJOURNMENT ITEM # 50661 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:27 P.M. a~----ç2=_Z~ ~ / ~ Beverly O.1iooks, CMC Chief Deputy City Clerk __nn- __nnnnnn- -- -- ------- uth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia January 14,2003