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HomeMy WebLinkAboutFEBRUARY 25, 2003 MINUTESCITY COUNCIL CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 25 February 2003 [ IRGI¥1d BE 4CH I IRGIh, 14 23456 8005 PHONE (757) 4,74305 FA,~ (757} 426 5669 E MAIL Ct3 ~ ncl~vbgo* corn CITY MANAGER'S BRIEFINGS A B C - Conference Room VIRGINIA MARINE SCIENCE MUSUEM Ms Lynn Clements, D~rector -VMSM REAL ESTATE ASSESSMENTS Jerald Banagan, City Assessor HUMAN SERVICES PLAN Andrew Friedman, D~rector Housing and Neighborhood Preservation 2 30 PM II REVIEW OF AGENDA ITEMS IIi CITY COUNCIL COMMENTS IV INFORMAL SESSION A B C D CALL TO ORDER - Mayor Meyera E Oberndorf ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION CERTIFICATION OF CLOSED SESSION - Conference Room - 5 00 PM V CITY COUNCIL INFORMAL DISCUSSION 5 30 PM VI FORMAL SESSION Council Chamber - 6 00 PM A CALL TO ORDER - Mayor Meyera E Obemdorf B INVOCATION Reverend T~m Valenttne Pastor, Colomal Baptist Church of Oceana C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E MINUTES 1 INFORMAL AND FORMAL SESSIONS February 11 2003 F AGENDA FOR FORMAL SESSION A CONSENT AGENDA H ORDINANCES/RESOLUTIONS I Ordinances to AMEND Ctty Code a { 6-112 2 and 6-114 re DESIGNATION of channel at Lvnnhaven Bastn Broad Ba) and Narrows, and RESTRICTIONS on launchtng landing pa~kmg or stattontng of recreational vessels tn certam areas b § 10 5~1 and 10 5-2 re DEFINITIONS and permit reqmred for Emergency Medical Servmes (EMS) c § 12-49 re to REDUCE fire permit and tnspect~on fees for small facd~t~es and AUTHORIZE fee wmvers for permit reqmred for C~ty Contracts 2 Resoluhon REQUESTING the Governor to Declare the C~ty a Primary Disaster Area a re drought damage to the C~ty's Corn crop b re excessive rainfall damage to the C~ty's wheat crop 3 Resolution to ACCEPT the Transition Area Technical Advisory Committee, (TATAC) report designating the recommendations as INTERIM GUIDELINES for the interpretation of and application to the Comprehenstve Plan 4 Ordinance to recogmzc the Development Authorlt3,'s expanded tax base and restructure their outstanding obligation of $7,491,468 by extinguishing thc $1,235 331 interest, separate the pnnclpal balance into two notes payable to the City, and, AUTHORIZE thc City Manager to execute the appropriate documents for non-interest bearing notes effective March 22, 2002 5 Ordinance to AUTHORIZE City Manager a To execute Amendatory project documents re duntor Golf Academy at TPC Golf Course, First Tee b To execute Mutual Aid Agreements re Emergency Medical Servtces (EMS) with the Ctttes of Chesapeake and Norfolk Resolutions refemng Ordinances with proposed amendments to the Planning Comm~ssion for recommendations a § 106-108,221, 1405, 1605 of the City Zoning Ordinance (CZO) re written notice and posttng of signs for rezomng and other applications b § 901 of the City Zoning Ordinance (CZO)re allowing Pubhc or Prtvate Colleges or Untverstttes aspermtttedprtnctpal uses in the B-2, B-3, B-3A and B-4 Business Districts 7 Ordinances to AUTHORIZE tempora~ encroachments into C~ty-owned properties a JULIO and DEBBIE CABRAL re constructing and maintaining a prtvate pier into Bass Inlet East at 2845 Sandpiper Road (DISTRICT 7 - PRINCESS ANNE) b GST EXPEMPTION TRUST re constmctlng and mamtalmng a prtvate pier hft and ramp Into Lake Joyce at 4469 Blackbeard Road (DISTRICT I - CENTERVILLE) C MICHAEL T and PATRICIA B DUNHAM re constructing and mamtalmng a prtvate pter and hft Into Crab Creek at 2078 Tazewell Road (DISTRICT 4 - BAYSIDE) d MICHAEL and LUCILLE BROWN re constructing and malntalmng a brtck patto chtmney concrete blocldwood fence and shed at 4500 Pleasure Avenue (DISTRICT 4 - BAYSIDE) 8 Ordinance to ACCEPT and APPROPRIATE $51,00 in recovered expense re a Consumer Affairs case settlement to the Commonwealth Attorne) s Ol~ce to replace lost State 9 Ordinance to ACCEPT and APPROPRIATE $20,000 from the Federal Emergency Management Agency (FEMA) to Ftte Department s FY 2002-03 Operating Budget to recover expense of a City Employee deployed to assist the Columbia incident support tean~ 10 Ordinance to ACCEPT and APPROPRIATE an $8,932 Grant from the Ctlmtnaldusace Services re contractual clerical support for the Police Domestic Violence Unit 11 Ordinance to APPROPRIATE $833,931 from the Tourism ,4dverttstng program fund to the FY 2002-03 Operating Budget of Convention and ~/lsitor Development for expanding their advertising programs and certain capital improvements at the Visitor/Information Center 12 Ordinance to TRANSFER $188,500 from CDBG Reserves to the FY 2002-09 Operating Budget of Housing and Neighborhood Preservation for the Neighborhood Revltahzatmn Strategy Area (NRSA) HUD Plan and AUTHORIZE the City Manager to execute a contract with CARE, Inc PLANNING Variance to Section 4 4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for Steve B~shard/B~shard Development Corp at North Lynnhaven Road and Mayfalr Court (541 North Lynnhaven Road) contmmng 2 acres (DISTRICT 5 - LYNNHAVEN) Recommendatlorl APPROVAL Variance to Section 4 4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for Commonwealth Custom Home Builders, Inc at Little Lake Dave and Little Lake Court (1101 Five Point Road) (DISTRICT 5 - LYNNHAVEN) Recommendation APPROVAL Application orS & R Properties, L L C for a Modification ora Conditional Use Permit re a bingo hall (approved by City Council on January 26, 1999), at Cleveland Street, and Aragona Boulevard (4933 Cleveland Street), containing 4 81 acres (DISTRICT 2 - KEMPSVILLE) Recomanendatlon APPROVAL 4 Apphcat~on of Jack Rabb~t Self-Storage/College Park, L L C for a Modification ora Condlttonal Use Permtt rc mini-warehouse facility (approved by City Council on September 25,2001), at Providence Road and Woodstock Road (5950 Providence Road), contmnlng 4 39 acres (DISTRICT 2 - KEMPSVILLE) Recommendation APPROVAL Apphcatlon of Eucell Facen for a Condmonal Use Permit re bulk storage, auto storage and contractor s storage yard at Vlrg~maBeach Boulevard and First Colonial Road ( 1752 Vlrglma Beach Boulevard), contalmng 15,103 83 square feet (DISTRICT 6 - BEACH) Applicant Requests INDEFINITE DEFERRAL 6 Appbcatlon of Graham's Custom Body Shop & Towing, L L C for a Condttlonal Use Perma re bulk storage and expansion of the body shop at Jensen Drive and South Blrdneck Road (1121 Jensen Drive), containing 1 567 acre (DISTRICT 6 - BEACH) Recommendation APPROVAL 7 Application of JBA Two, L L C for a £ onchttonal Use Permit re motor vetucle sales at Shore Dn~e and Pleasure House Road (4740 Shore Drive) containing 24,785 64 square feet (DISTRICT 4 - BAYSIDE) Recommendation APPROVAL Apphcation of Reed Enterprises, lnc for a Condtttonal Use Pernut re gasohne sales in conJunction with a convemence store at Holland Road and Chimney Hill Parkway (985 Chimney Hill Parkway), containing 31,755 square feet (DISTRICT 3 ROSE HALL) Recommendation APPROVAL K APPOINTMENTS HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL THE PLANNING COUNCIL L UNFINISHED BUSINESS M NEW BUSINESS N ADJOURNMENT If you are ph3sically disabled or visually ~mpmred and need assistance at this meeting please call the CITY CLERK S OFFICE at 427-4303 Hearing ~mpalred call TDD only 427 4305 (TDD Telephom.~ De'~ ,ce for the Dea f) Agenda 02/25/03folb www vbgov corn MINUTE VIRGINIA BEACH CITY COUNCIL Virginia Beach, Vfrg~ma 25 February 2003 Mayor Meyet a E Oberndorf called to order the CITYMANA GER 'S BRIEFING re VIRGINIA MARINE SCIENCE MUSEUM tn thc Cttv Council Conference Room ('to Hall Butldtng on Tuesday Februar3 25 2003 at240 PM Council Members Pt esent Vice Mayor Louis R dones Reba S Mr Clanan Rtchard A Maddox Mayor ble),e~a E Oberndorf ,lira Reeve Peter W Schmldt Ron A Vll[anue~ a Rosemat3 Wilson and Jame* L Wood Council Membera Absent Harm, E Dlezel Margaret L Eure [Out of the Ctty] /ENTERED 3 O0 P M I -2 CITY MANAGER'S BRIEFING VIRGINIA MARINE SCIENCE MUSEUM 2 40PM ITEM # 50786 L~ nn B Clements Dtrectot Vtrgtnta Marme Sctence Museum mtroduced the VMSM Foundatton Board Members tn attendance Tom Bt oyle, Prestdent (Attorne~ t*tth Kaufman and Canoles) Dorcaa Helfant (General Managing Partner Caldwell Banker Professtonal Realtor) Tom Frantz Chatrtnan Long Range Planmg Commtttec for met Board Prestdent (Attorney **tth Wtlhams Mullah) Don Pattetaon 1/tce President (Execuave l/tce Pt estden! - Landmark CommumeaUons) Ms Clements ad*tsed the objecttve of the pte~entatton ts to tnform of the VMSM Foundatton's planned acttvtttes o~ et the nert thr~ e 5ears New lnlttattves Strategtc Planning by Museum leadershtp team addresses the Ctty's three-year plan Three-year plan for the Foundatton wtth the help of the College of tFtlham and Mary Bustness School Foundanon estabhshed a professtonal development aecount for staff Aquartum Connectton, a group of l OO young professtonals and thetr famdtes provtde~ financial support for the Foundatton through spectal events and fund raisers Febraary 25 2003 3 CITY MANAGER'S BRIEFING V1RGINI/I MARINE SCIENCE MUSEUM ITEM # 50786 (Continued) Successes have tncluded an tnct ease m membel ship of thtrteen (13 %) A grant has been recelvedJrom the US Departmeut of Eduratlon entitled "Sea Scholars Tht* allow* under lerved students to butld on their cnrrtculum and conner t ar ttVlttes tn the Museum ** lth accomplishments tn the cla~ ll oom A* a result some of the SOL scores tn Sctence have dramattcally tmproved (as much as 26%) New vlsltor~ have been brought to the Museum tn a number of *,avs One o! the methods wa~ by commerctal films Ch, et 40, O00 att~ ndees viewed Beauty and the Beast in the lMAX Theatre Star }Vars ll was shown onlyatnlghtJortwomonthsandv, asvte**edb) 7,000 Currently TheLtonKmg aDl~ne) Fdm t~bemg vet~ well received New and excttmg changlng erhlblts were funded bv the VMSM Foundatton b5 raising $90 000 through an annual campaign ,,Ill of the*e succe**es led to other rhallenge~ i e the need for addltlonal parklng Patting t~ no longer lust a Summcr probl~m Ms Clement* displayed a photograph reflecting the parking Yttuatlon in February A 500-space pat,ring lot acro~ ~ fi om the Museum ~* iH be built When the Museum was erpanded m 1996 over 5OO, OOO gallons of aquartums u, ere added Smce that tlme lhe number oJ animals on exhtblt has increased This meaus more ~pace and equlpmentJor animal care la needed The Ocean tn Motion tl uck carrtes live anltna[s to school* acl o* ~ the state and bring* animals of the Bay to the school rooms The antmals on the truck have to have a place to live The Strandtng Team responds to more than 300 strandard manne antmals and sea turtles each year In 2002 the Team responded to 391 strandtngs The largett number of strandard seals m the VMSM s tn~torv occurred la*t month Due to lnadeqaate facthttes many of the animals that are ahve but lequlte health cate hm e to be ttansferred el~ ewhere fot long term care Spar e is not available As many oJ the stranded animals are dead necrop*les are pelformed Research projects are being erpanded and a watchful e)e ts maintained on local dolphin and v, hale populations VMSM t l partnering with many reseat ch agencies in the state t e VIMS and Old Domtnton Untverstty An animal care annex hou*es bac~ up outreach and stranded animals The lease on tht. present anner eYplre¢ shortly therefore a new anner needs to be constructed a new atmer **llI be o~¢ned b) the Ctty and wtll improve animal care opetatton, and efficiency as well as reduce operatiug cos ts The Antmal Care Annex will be located b* the ~valer and near the dl edge operation down Bells Road The current factht~ is 8 300 ¢quare feet The Virg~nm Marme Sctence Museum opened ln 1986 To stay competlm e the Museum wta hes to renovate the ortgtnal 17 )ear old erhlblt* tn the math building Ms Clements advlsed the Boatd has a Markettng and Pubhc Relattons Commtttee whose recommendatlon was to increase rouponing to encourage altendance b~ vtsitots who mtght nol be able to other wise attend There wtll be a promotion with Cor Cable and a Mllltat~y Apprectatton Month ~ iH be conducted tn March Ms Clemeuts e.~pressed appteclatton to Ste*e Thotnpson Clue! Financial Officer for support of her department Februar) 25 2003 4 CITY MANAGER'S BRIEFING REAL ESTATE ASSESSMENTS 2 57PM ITEM # 50787 Jerald Banagan (lty A~sessot advised on March I 2003 the Assessor s Office }till mall Notices of Asses ~mentJot the Fiscal year 2004 Onl) those property owners whose assessment changed will receive assessment notices Approximately 1% of all properties wall receive a decrease tn assessment and approximately 90% wall re~.etve an increase There are tht ee themes to thts report cul t ent year resldenttal values are t apldlv apprectating (dmven by low mleresl rates the value of new houses Is increasing and 2002 was a banner teat tn new constru(.tlon th~ oughout the Ctt) The p~ olect ed FY 2004 assessment of $2 7,3 94,803,8 71rep~ e~enta an 8 0% tncrease over the cul rent assessment Each penny of the tar rate utll generate $2,740,000 tit tevenue Jor a total tax of $334,217,000 at thc current rate of $1 22 The average assessment change for lndt,ldual ploflerttes Is approxtmatel3 +6 58 %, however thts figur~ varies c tO, vt lde depending on the age Ope quality class tficatton and location of the property Average Percent of Change tn Assessments Overall Mean Change 6 58% Residential 7 17% Apartment 7 8% Cotnmercml/lndustnal ~ 65% This change of 6 58% ts ~mular to last)ear 1986 was the last 3ear that reflected an even higher t hange of 7% ]n keepmg with Clty Counctl s goal ofa Communtty for a Ltfettme all of the Ct0 a houstng stock is app~eclating itt value Apptox.nately 71% ts smgle famdv homes mtrcasing by $13,400 Approtmtatelv 15% ts townhouses with att increase of $4,100 Average Residential Values Type Change m Mean Percentage of Housing Stock Smgle Fa.nly $13 400 8 1% 71% Townhouse $ 4 100 5 4% 15% Low Rise Condominium $10 500 9 4% l 1 High R~se Condo/Co op $19 900 12 2% Duplex/Home **lth Apartments $20 500 10 0% 1% All Regtdence~ $11 800 8 The average assessment for homes through the City ts $158,400 In the last three years this average assessment has increased from $136,000 to $158,000 Approxlmatel3 31% of the housing stock t~ unde~ $100,000 with 20% being m excess of $200,000 February 25 2003 -5 CITY MANAGER'S BRIEFING REAL ESTATE ASSESSMENTS ITEM # 50787 (Conttnued) Restdenttal, apartment and agrtculture compt tse 83% nj the tar base wtth commerctal and mdustrtal properttes constttutmg17% of the tax base The percentage of the tax base for restdenttal propcrt!2 tncreased 0 5 % from the current) ear Restdent~aI p~ operty ts apprectattngfar g~ eater than commerctal and ~ndustrta! properties There is $4 4-BILLION Commerctal prope~ t) tn Vtrgmta Beach The percentage base ts low because of the great volume of houstng New constructton for the past 12 months amounted to $534,000,000, which ts an increase of 36 6%from the prevtous years (s~cond htghest Feat on record) In 1986 8,000 houses were butlt Re~tdentta! new con~tructton tncreased by 33 2% Thts new restdenttal construclton vtas drtven b5 tv* o aI~artment complexes Westmmtster Canterbury added approxtmately 164 untts (approxlmatel5 $146-MILLION) and Southeast Apartments added 156 untts (apprortmateIy $10-MILLION) al Bt~dneck and 19~h Street Commercta[/mdustrtalnew construction tnc~easedby47 7% Theporttons of Town Centerassessedthusfar whtle 60% ts vacant has been assessed at $37 2-MILLlON T}~o hotel* Boardwalk ($14-MILLION) and Marrtott Courtyard ($10-MILLlON) w ere butlt thts year The Com erston H office butld~ng located at l-2 64 off Bonnek Road ~ assessed at app~oxtmatelv $9-MILLION Red Mdl Commons Shopptng Center and surrounding restaurant* *t ere close to $10-MILLION IT~ere also *vas a $5-1/2-MlLLlONrenovatton to the Ddlards property at Lvnnhaven Mall Restdenttal new constructton amounted to 74 5% of the total gearlv constructton whde commerctal/tndustrtal represented 25 5% Growth tn laml due to r*zontng~ and subdtvlston amounted to approxtmateD $93,000,000 Mean Assessed Value of New Homes 2002 $253,900 1995 $163,100 53 2% of new constructton was below $200,000, whtle 46 8% was above $200,000 Land Use Taxatton Ftscal Year 2003 Number of Parcels under Program Number of Acres Under Program I 042 41 599 Numbet of Acres of Land tn the Ctty 160 640 Percentage of Crt3 s Aoeage under Land U,e 26% Total Acreage under Land Use Taxatton Agrtculture 22 641 Horttculture 72 ~ o~ est 1 l 826 Open Space 1 736 Swamp 2 636 Marsh 2 687 TOTAL 41 599 £ebruar3 25 2003 -6- CITY MANAGER'S BRIEFING REAL ESTATE ASSESSMENTS ITEM it 50787 (Continued) Agriculture acreage dechned 200 acres tn a year Each ~ar tt decreases b~ormatton relattve the total agriculture acreage for the past eight (8) vea~ s shall be fitrntshed Mr Banagan shall prov tde the names of the owners of the properttes There al e man3, properttes undet hmtt ed pal tnershlps Drought~ and rams have affected the various crops thus resulting a decrease of agl tt ulture and forest land values Relam e the Land Use Taxation, Mt Banagan advised the Mate Land Use Evaluation Committee ts housed tit the Agricultural Department of Virginia Polytechnic Institute (VPI) lnfol matron ts ~ ollected state wide to determme land use values This designation ts based on the earntng power of alarm as an agricultural enttty Equestrian would fall underpaature This ts based on sotl t~pe~ and there are three dtfferent xotl tvpes undet Agttculture Two values are carried on the land book for property ussesst d under the Land Use Taxation Program agrwultural value,from the State (based on calnotg poaer of the farm) and market value assessment When pt opert) ts developed o~ put to another use a roll back tax ts pror cssed which ts the dtffelence between the market valae and agrwultural assessment for a pcttod oJ five (5) years Essenttall) the City receives market ~alue taxes for the prevtous )ear~ Afler processmg the bill t~ due tn thtrtF (30) &tls lit 2001, $400,000, was collected A hst o fall apal tments and assessments for the Centervtlle District shall be provided Mr Banagan advised on the first page of the Real Estate Assessment Report ~s the Total Assessment Value of each District and the Percent of Change There ts a dechne tit the Beach Dtstr~ct wtttch reflects growth appreciation and te-destrtctmg The Lynnhaven Shopping Mall TIF changed from the Beach to the Rose Hall District (approximately $319- MILLION value) Relative assessments the Transition Area Mr Banagan advised the majol tt) off aims are taxed ut,del the Land Use Taxatto~ Program So the~ e ts no immediate impact on the real estate taxes until the farm ts sold for de s elopmt nt and roll back taxes at e process ed Rural homes are apptatsed on sale~ of purely rural homes which are not part ora neighborhood Real Estate Tax Exemption/Deferral/Freeze for Semor Citizens and Dtsabled persons Senior Citizens Disabled Citizens Exemption I 617 803 Freeze 335 93 Deferral 4 Total I 956 896 Februar) 25 2003 -7- C I T Y M.4 N .4 G E R 'S BRIEFING RE,4L EST`4 TE .4SSESSMENTS ITEM # 50787 (Continued) Real Estate Tax Exemption~Deferral/Freeze for Senior Citizens and Disabled Persons Exemption $ 2 797 302 Average Eremptton $ I 156 Freeze $ 66 236 Average Freeze 155 Deferral $ 4 267 A*erage De./erral I 060 Statelawlequtrespropertybeassessedatfullmarkelvalue Assessment~ aregencralll, sltghtlyconservattve State la** requtl es information on thts program be depicted on the tax bdl~ An ad ts placed tn th~ paper every veat note f) mg citizens of the Real Estate Tax Exemption/Deferral/Freeze for Senior Citizens and Dtgabled persons Thc Assessment notices will also contain tnfolrnatton relattvc this program Pamphlet~ on the a~se~sment program rontamtng mfotmatton relative the Land Use Taxation and Real Estate Tax Exemptwn/Deferral/Freeze at eal* o placed tn the City s I tbl artez and Recl eatton Centers To qualify foe this program att individual must be a Semot Citizen 65) tars o~ oldel or totally Disabled (no age ltmt0 $7 500 income inclusion and must re~tde tlr ~/lrgtnla Beach Tax Exemption Annual household income must not exceed $27 600 A~sets (excluding residence) must not exceed $131 900 Tax Freeze Annual household income must not exceed $40 600 Aasets (ercluchng residence) must not erceed $1 ~ 1 900 Tax Deferral Annual household encome must not erceed $52 000 Assets (ercludtng residents) must not etr eed $195 000 Mr Banagan advised ~elatt*e Tax Exempt propetty the General Assembly changed tht~ pror ess the past )ear The apphcant for tax exemption would onh seek approval of Ctr) Council not both the City Council and General As~embly Criteria No I t~ the apphcant lnust be non-pt ofit actor drag to the Internal Revenue Service Relattw Mother ~ Inc the Cttl Attorney ts *t orktng ~ tth thetr Attornel to clart~ with the Internal Revenue Servlce whether they are non profit 7 hls es currently unresolved Mt Banagan advtsed Ctty Councd could adopt an ordinance bl **htch tar exempt orgamzattons wmdd ha,~t to rece~ttjS, Periodically the organtzatton~ vtould plovMe information the~ are Mill op, rattng tn the same manner as stated when they recee~ ed their original apphcatton Relative oceanfi one land m Vtrgmea Beach being assessed basecallv the same as fifteen (15)years ago Mr Banagan advised all the oceanfront sales ate ~nonetored E~ et3, hotel sold ts logged This t* utthzed as the basts for appraisal Techmcall} the income produced ts considered There ts evidence to ahow a higher end product at the Beach will erceed The newer hotels built ate outpactng the other* Mr Banagan behe~.es a Convention Hotel would ~ucce~ d February 25 2003 -8 CITY MANAGER'S BRIEFING HUMAN SERVICES PLAN 400PM ITEM # 50788 The CtO Manager recogntzed the four (4) Department D. ectors tn attendance Andrew Friedman Housing and Netghborhood Preservatton, Kathryn B HtH Soctal Servtces Dr Terry S Jenkins Mental HealtlVMental Retardatton/Substance Abuse Dr Ventta Newby-Owens Pubhc Health The Crt) Councd tdenttfied Human Servtces dehvery at thetr August 2002 Retreat as att area for addittonal prtorttte¢ This ts an area whtch ts enormou*l) comple~ The pte~entatton i~ intended lo be a "Type 111 Brtefing" to discuss major tssues and upcomtng oppottumtles Mayor Oberndorf recogntzed wtth prtde Dr Ventta Newby Owens for her ertraordtnary hve mlervte}, thts morning on Channel 13 cont ernmg the horrendous loss o£ the chddren thru the ~ ~ral m£ecttons and strep throat The mtervtew wa~ repealed at 12 O0 NOON Mr Frtedman advtsed he ~*as presenttng thts tnfot matton on behalf oJ the foul Human Servtce agenctes Housmg and Netghborhood Preservatton, Soctal Servtces, Mental Health/Mental Retardatton/Substance Abuse aud Pubhc Health Facthtattng Ctttzen Success" ts the phrase whtch capture~ the objecttves of Human Services Thts ts not a plan but an oulhne Ctt~, Counctl ~ concurrence is soughl on the proposed strategte~ Our Vtston Vt~gmta Beach ctltzens have the opportumtv to obtatn thet~ htghest level of self suffictency and quahtv of hfe They at e provtded servtces m a chmate ofdtgntt} ~espect and accountabtht) Our ctttzens are protected from threats to health and safety Human sen tces achteve commumty goals by workmg dtrectly wtth mdtvMaal~ and famtbes Human servtces are fundamental to achtevtng Counctls ~t~ton of a Commun#yfor a Ltfettme February 25 2003 CITY MANAGER S BRIEFING HUMAN SERVICES PLAN ITEM # 50788 (Conttnued) Who Do We Server A ll V. gmta Beach ctttzens benefit fi om sc rvtce~ thatpt otect the enttre communtty Erarnples of these ser~tces tnclude restaurant mspecttons pubhc health protectton dtsaster respon~e servtces durtng emergenctes and recover). Dtrect Servtces are provtded to ctttzens a Jollows (appt o,:tmate annual number of mdt vtduals a em ed) Mental Health Soctal Servtces Pubhc Health Hou~tng 8, 700 25,000 18,400 (not tncludtng WIC) 1, 750 (dtrect asststance only) The great ma/ortty of those served are restdents of Vtrgtnta Beach V. gtma Beach restdency requtrements ate tn place on mare program~ Fed~ ral and State rules govern who ts ,erved b~, progtam~ they Some programs are enhanced ot customtzed to best meet the needs of Vtrgmta Bear h ctttz~ns Human Servtces agenctes provtde a vartety of benefits and s ervtces Many oJ them at e hmtted in scope and stze and ha* e rlgtd ehgtbthtv requtrements mandatcd ~tate or federal [aw Man*, ctttzens are not served and ate unable to meet thetr bastc needa for food housing and health care An e~t.nated 50 O00 people tn Vtrgtma B~ ach ate wtthout health insurance (1 out of e, erv 9 restdents) 4pproxtmatel~ I 000 households are on the Ctty swatttng hst for affotdable hou~tng What Servtces are Provtded? Soctal Servtces Programs Benefits 4dmmtstratton Medtcatd Food Stamp~ Tetnporarv Atd for Needy Famthes (TANF) Servtces Chdd and Adult protecttve servtces nursmg home screemng (w/health) Foster Care custody and medmtton Pendleton Chdd Set'~tre Center Employment Semtces Day Care and Fathers a! Tratnmg February 25 2003 -I0- CITY MANAGER'S BRIEFING HUMAN SERVICES PLAN ITEM # 50788 (Conttnued) What Services are Provtded~ (Contmued) Mental Health/Mental Retardatton/Substance Abuse Programs Mental Health emergency servtces counsehng medtcatton &fy programs supervtsed housing Mental Retardatton vocattonal tratnmg group home~ day programs ttansportatton mfanl sttmulatton program Substance Abuse Programs counsehng recovet~, prexentton and educatton jarl ba~ed ~ervtces Publtc Health Programs Targeted (Limited EItgibthtv) lnrhwdual and Famdy Services these are preventative safety net servtce~ that ate provtded only where no other source ex~Ms Well chtld care lmmumgattons Pre-natal care Tuberculosts Chntc Population-based Preventative Servlces fol the enltre Commumtv Screentngs for blood pressure breast attd cervical cancer diabetes cholesterol InveMtgat~on and control of communtcable dtseases Control of disease outbreaks I e Hepatltts A TB We~t Nile Vtr~a Eastern Equlne Encephalttts Environmental Health Servtces tnt ludmg restaurant mapectmns water quaht9 ~amphng of beaches and waterways rabtes tdenttficatton and conttol Emetgenc) preparedn~sa planmng and re~ponse fo~ weapons oJ mass dcstrttctton and btoterrortsm Houstng Programs Rental Houstng Programs Homing Chotce Voucher Program V. gmta Beach Commumtv Development Corpolatton s rental housmg p~ ogram Programs to help people find housing, provtde security depostts to obtain housing, relocate people from unsafe housing, prevent homelessness, help people repatr their homes F~bruary 25 2003 11- CITY MANAGER'S BRIEFING HUMAN SERVICES PLAN ITEM # 50788 (Contmued) What Services are Provided~ (Continued) Housing Programs (Continued) Homeless asststance programs operated by non-profits aaststed by Department of Housing and Neighborhood Presem,at~on including Tran~ittona! housing for the homeles~ Basu self help sem ices for the homeless (the Lighthouae Center) Winter shelter program Mr Friedman cited an eratnple of one Human Service Program WIC (Women, Infants and Chddren) This program provides federally funded supplemental foods and ta administered by the Department of Pubhc Health There are appt ortmately 7, 700 average monthly parttctpants 50°.4 of the parttctpants are mditarv The total annual *alue ofbenefits provided equates to $4-M1LLION Partnership is a major pat t of service dehvery Through collaboration with and support oJ non-profits and faith based organizations ~ervtce~ areprovided or enhanced Partners include Interfaith Councd Samaritan House Vetshouae Seton House .]udeo Christian Outreach Center Volunteera of America Btzttet Virginia Beach Homeless Advocac3 and Resource Partnership Commumt) Alternatr~es Vtrgmia Beach CommumO~ Development Corporation Tidewater Atda Crisis Trial Force (T4CT) YWCA YMCA BoIs attd Gtr]s Club~ Beach Heahh Clinic and Senior Services of Southeastern Vtt gtma Matt), of the, e providers participate in two community forums held to help develop the strategies proposed tn thl3 presentation HUMAN SERVICES BUDGET SUMMARY Department Cay Portion Non City Total Social Services $ 7-MILLION $ 23 MILLION $ 30 MILLION MH/MR/SA $ l O-MILLION $ 2 I-MILLION $ 3 I-MILLION Housing $ 2-MILLION $13-MILLION $15-MILLION Health $ 3-MILLION $ 4-MILLION $ 7 MILLION TOTAL $ 22 MILLION $ 61 MILLION $ 83 MILLION In addition to budgeted funds certain benefitprogramsprovtdefundv directly to ctttzen~ or~ervtcept ovlder~ These fimds are not part of the City budget but flow into the community, aa a re~idt of the admimstratton of these program~ b) Human Service agencies Febl uar?, 25 2003 12- CI T Y MA NA GER 'S BRIEFING HUMAN SERVICES PLAN ITEM # 50788 (Continued) NON-APPROPRIA TED RIz VENUE Agency Program 4 mount Social Ser~,Ices Medicaid $ 98 MILLION Social ~ervtces Food Stamp~ $ 10 MILLION Social ~ervtces TANF and others $ ~ MILLION Housing SHP $ I-MILLION Health WIC $ 4-MILLION Total $11 &MILLION City Council s *22-MILLION atmual contribution to Human Services level ages - $ 62-MILLION tn budgeted revenue - $118 MILLION tn additional revenue =$179-MILLION in additional economic .npact For every City dollar inverted itt Human Servtces fi4ndtng an additional $8 13 ts added to the co~nmuntty ~Vhat are the Principles which Guide Virginia Beach Human Services Provide a aaferv net for citizens tn need Promote pt eventlon and early tntervenlton to aclueve optttnal outcomes Pro* lde oppo~ tumties to citizens and require arcountabtlltyfrom those who participate in programs In volve ~ tttzens tn defining and meeting communiQ needs through th~ ee agencl achlsor), boards as **ell as other methods Coot dtnate and facdttate a community-*~ tde system that lnclude~ faith- based non profit and for pro.[it agencte* Human Services support City Council s destination points Februa~,25 2003 13- CITY MANAGER'S BRIEFING HUMAN SERVICES PLAN ITEM it 50788 (Continued) What ts our Situation Today~ The City s population ts agmg - this may t eqmre tho eased attention to spectahzed housmg Oansportatmn caregtvet support and tn home services The poverty rate has mc~ eased shghtlv Thts v, dhmpact the demand for affordable housing transporlatmn employment opportumttes da) care and health care Our tommuntt) ts becoming lnrreastngly diverse m terms of age ~ortoeconomtc ~tatus race ethmctty and culture Serv~ces must be deh~ ered m a wa~ that reflects tht~ dt~ers~t) m order to maxtmzze efJerlt*ene~s As state tnqttution~ continue to downstze the Ctty **tl[ erpertence a greater demand to meet the needs of persons V[lth mental retardation and mental dInes~ Issues regatdmg ~aJetv become mcteasmgh lmpottant as lhe number of disabled flerson~ grow in the commumt~ With the aging of parenl~ who currentl), cat e fot dlsabled adult r hddt en there wdl be a growmg populatton of dtsabled per~ons tn re. ed of ~errtces who lack famdy support Minimum wagr employment does not provide ~uffictent tnronte to maintain housing tn ~lrginta Beach without pubhc assistance It ts estimated thal a salary of $I4/hr ($28 O00/ir) is required tn order to affotd markel rate housing whde meeting other basic needs (current mtmmum *,ag~ = $'~ 25/hr) As [o~, income Mothers receive less finanrial assistance from fedo al tnt ome p~ ograms the need for affordabh, da) tare wdl become a keyJactor tn preventmg unemplo)ment homeles~ness offamthes and chdd abuse The [ack of health insurance is mrreasmg the demand for health care through the public and nonprofit sectors Nonprofit agencies are erperiencmg increased administrative and comphance cost~ and der rcased fundtng fi om pubhc and prtvate sources This reduces the amount of lime and resources avadabl~ to ~etn ~ the pubhc Due lo state budget cuts human service agent le~ anl ir tpate gt owing walang h ~ts due lo reduced capacity and Increased community ne~ d Public Safety agencies ~.tll become mort. involved tn teacttng to crts es due to lad, of appropriate pre* entton arid treatment services February 25 2003 14 CITY M,4 N.4 G I~ R 'S BRIEFING HUMAN SER VICES PLAN ITEM # 50788 (Conttnued) Mr Friedman submttted the Seven (7) Strategtes for Crt) Councd ~ con~tderatton Preaerve the Safety Ne l Make every effort as a cttv and ~ ommuntty to avotd a loss ofcutreut servtces Maxlmtze Revenue ldenttfi, and seek all avatlable revenue opportumttes from F~ derul and State t esource~ attd grant~ Continue slrong legtMattve advocar l, for human *ervtce fundmg Continue and enhance collaboralton wtth communtO, provtder~ Heighten rom>nuntO, awa~ eness of human servtce ;ssues Identtf~, and pur~ue opportuntttes to tmprove sero tce dehvery Develop locally based goals and guMehnes fot our commum0 l~athrvn (KtttV.~ B Hdl Dtrector- Social Servtces advtsed she beheves tht c~ttzens who request servtces are all res~dent, of V~rgmta Beach 7here are curre~tlv 268 chddren tn Foster Care The Ctly has n, ver had m er 300 chddren tn Foster Cate and the goal of Soctal Semlce6 16 to teturn the chtldren to thetr homes as soon as posslble Newport Ne~* s hat 5OO chtldren tn Foster Care Soclal Ser~ tcet admtntst~ r* appro rtmatelv tht ee ( ~) dt/~fet ent day cate programs lhe largest betng l emporary ~ltd for Needy .Famthes (TANF} Social Set* tc~s ts ~ oncet ned relatll e the t~anstttonal day care a~ funds mtght be cut 55% of the budget ls fedet ally funded attd 22% state funded Ttrr) 5 denkms Dtrector- Mental Health/Mental Retardatton/Socml Serwcea advt~ed when the Governor announced the budget reductton~ tn October manv *tate and local agenctes ~ e> e nottfied ofa 10% reductton Thla equated to a $652,000 reductton tn the Mental Health budget Thts defintteli, ttnpacts tndlrtduals ~erved D~ denkms beh er es th, General Assembly has t econstdet ed the Governor s budget and some of the* e fund~ tna~ be restored however th~ amount ts not known Ctt5 Staffa> e gu the proce~s of prepat mga Human Servtces Plan (based on the seven (7) strategges) fo> Cto, Council s revtes* and approval ~ Aprtl 2003 February 25 2003 -15- Md YOR'SCOMMENTS ITEM # 50789 The Clt) Manager recognized C Oral Lambert, Jr, Chief Operating Officer who will be retiring March First On September 16 1961 Oral began his 42 year ca~eet with the Clt~ of Vtrgtma Beach From 1976 to 1991 he setwed as Director of Pubhc II/orks Two of Oral s most coveted awards during his Pabhc Works tenure were (1) being named one of the Top 7eh Pubhc Works Leaders tn the Nation and (2) being awarded the distinguished Human Rights Award from the Human Rtght~ Commission In 1991 Oral became the Chtef of Staff m the City Manager s Office Upon the rettrement of Aubre). Watts former City Manager Oral ,erved a~ Interim Ot¥ Manger before the appointment of the current City Manager James K Spore In August 1999 Oral was named ChieJ Operating Officer as part of the reorgamzed Executive Team His re~ponstbtlttte~ included overse~ mg eleven major operating departments Emergency Medtcal Serwces Pire G~.neraI Services Hous.tg and Neighborhood Preservatlon Mental Health/Mental Retardatton/SubstanceAbuse ParksandRecreatton Pohce PubhcHealth Pubhc Utthtte~ Pubhc Works and Social Servtcev ITEM # 50790 Relative th~. Human Services Plan Mayor Oberndorf referenced attending the Leadership Meeting of the US Conference of Mayors on February 20-22, 2003 l~orklngfamdtes are a btg concern The Annie B Casey Foundation ts being ulthz~ d fo~ grants The Mayor had a h~t of Foundations from which individual cities at e applying for grants and suggested ~ lrgt ma Beach compete for these grants Thc U S Conference of Mayors t$ also conslderingfotgmg a partnershtp with mortgage bankers to atle~npt to have affordable homes **lthtn the reach ora ~¢orl~ingfamlly The Mal,ot ~tll provide tht~ l~fot matton to Human Services February25 2003 -16- AGENDA RE VIEW SESSION 440PM ITEM # 50791 HI Ordinances to AMEND City Code 6-112 2 and 6-114 re DESIGNATION of cbannel at Lynnhaven Basra Broad Bay and Narrows and RESTRICTIONS on launching land.is parking or stationing of recreational vessels in certain at eas ~ ouncil Lady Eure inquired relative hne 44 and whether this was the ~ ot rect ret mlnologv in accordance with the Inland Rules of the Road Councthnan Wood advised this was correct and is a boating term ITEM # 50792 H 1 Ordinances to AMEND CiO, Code b ~ JO 5-1 and 10 5 2 re DEFINITIONS andperrmt required for Emergency Medical Service3 (EMS) H 5 Ordinance to AUTHORIZE the Cm Manager b To execute Mutual Aid Agreements re Etnergenc~, Medical Services (EMS) ~,ith the ( ities of Chesapeake and Norfolk Councilman Maddox reJetenced page 2 paragraph b (hnes 41-48) of the Ordinance noting organizations exempt fi onl the permtt Councilman Maddor wished to have the Virginia Beach Fire Department added to the hst of eretnptions C/ueJ Bruce Edwards Emergenc} Medical&trices advised the Department of Emet gency Ser~ tces hcenae tv the overall arching cit) hcense for am of the agencies wlthm the Clt~, o! Virginia Beach that provide emergency enedlcal xervtces The Virginia Beach Fire Department ts constdered to be apart of this agency license The Fire Departmtnt has been operating uuder this hcense fol twenty (20) ~ea~s When the Emergency Medical Service~ is erempted from the permit the bite Department ts automatically included The Fire Department l~ a part of the overall emergency response system ?he Ci0, Attornt~ concurred However tf Clt~, Counctl prefers e*ery agency exonpted to be hated thla can be done Council Members McClanan and Wdson also expressed concern relative the omission of the names of the agencies Council Lad), Eur~. requested DEFERRAL Site wished Councilman Dtezel and Chtef Cade - Fire l)epat tment to revie~t lhese Ordinances and hat e lhetr ~ omnlenls Mayor Obetndorf referenced e-mail correspondence from William Bade) relative issues concerning Item H 1 b and 15 b lfan ambulance from another city com,s lo Virginia Beach to render aid is the (~ttV obhgatmg out citizens to pay for these servtces ~ Februar) 25 2003 -]7 AGEND/l RE VIEWSESSION ITEM # 50792 (Conttnued) Cbi~f £dwatds advised to tequesl mutual aid into Virginia Beach ts ettremely rare A new state regulation requ ir~ s a Mutual /ltd Agreement Vtrginia Beach has been a¢sisting Norfolk aud Vlrgmta Beach for vears and this is an incident which u~ually occurs around the borders of the cittes lndi*tdual~ will receive a bill from the ambulance agency Council Lad~ Eut e reJerenced a ~ ecent incident around the border of Chesapeake in her Centervdle Dlstrlr t Apparently there is no mutual agreement As a result of this occur renre the Civic League requested the Fit e Department be contacted Chtef Cade tndt~ at ed this in¢ ident had caus ed him to seek a Mutual Atd Agreement with the Cit~ of Chesapeake Council Lady Eure distributed thtv ¢orrespon&nc, to the (4) major civic leagues in this borderline area ITEM # 50793 H3 Resolution to /lCCEPT the Transition /lrea Technical /ldvtsory Committee, (TAT/IC) report designating the recommendations as INTERIM GUIDELINES for the interpretation o~ and application 1o the Comprehensive Plan Speakers are registered for this item This item shall be discussed during the Formal Session ITFM # 50794 H40tdmanretorecogmzetheDevelopment/luthonty'*e~pandedlaxbase and restructure theii oulstanding obhgatlon of $7491468 by e~:tingutshmg the $l 235 331 interest separate the prtn~ tpal balance mto two notes pa) able to the Cttv and/lUTHORIZEtheCtO~Manager to execute the approprlale documents for non-interest bearing notes effecti~ ~ March 22 2002 Councilman Reeve ad* tsed as a small business owner he as~umes financtal responsibihO, and believes the Cit~ shou[d operate in a similar manner Uoanctlman Vdlanueva referenced the article concerning e~pansion of the Development A ut horlO, frotn seven (7) to ele* en (11) members The Development Authority did not take bet d to ( try Council s concurrence and lumped lhe chain of command confer ring with Senator Wagner and members of the GeneI al Ass embly relative vhelving this Bill Councilnian Vtllamte*a beheves tht~ action to be dtsr6spectful of Crt), Couticll Council Metnb~ rs Reeve and Villanue* a will vote N/l Y on this item Council Lady Mc('lanan erpressed concern relative not yet t ect t*mg a public report re the Development /luthortty's activities conceratng retail development tn the City The Cit, Manage~ advised a report will be scheduled for the Uti) Council Session Ma) ot Oberndorf advised both the Corporate Landing Busines ~ Park and the opportunity telattve ~ I~' Street }fas bt ougbl to ('il) Councll by lhe Dc velopment Authority The~e prolects were initiated bv the Development 4uthorlO, 2003 Februae3, 25 I8 /I GENDA RE VIE W SESSION ITEM# 50795 H50rdmancetoAUTHORIZECttvManager a To execute Amendatory proJect documents re Jumor GolfAcademv at TPC Golf'Course First Tee Councdman Schmtdt inquired relative the reason for reduction of rent was because this ts a non-profit orgamzatlon The Crt) Manager advised the Tournament Players Club (TPC) rent would bt reduced as they are accommodating the Foundation for First Tee (a non-proJ'tt orgamzatton) for a Jumor GoIJ Course Academ) Last )ear Ftrst Tee provlded opporluntties for1579 chtldren Councdman Reeve expressed concern relative when the TPC would exercise the option for the second 18-hole course The Crt) Manager advised the actual terrn of the option ha~ e~:ptted December 31 2002 TPC s attorne.) requested an ertenston The Ctt~ Matlager s staff has discussed methods to t~nprove the performance at the course and to pave lhe vtav.[or the second 18 hole rourse The CtO Manager desires a postttve proposal be btought back v[ith~n approximately e~ghteen (18) month~ ITEM# 50796 Ordinance to APPROPRIATE $833 931 flora the Tourism ,4 dverttstngprogram fund to the FY 2002 03 Operating Budget of Conventton and Vtsllor De*elopmenl fo~ erpandtng their advet lising programs and certain capital improvements at the Visitor/Information Center Councdman Schmtdt expressed concern dame3 C Rlc,~etts Administrator Convention attd Visitor Development advised the Tourism Advertising Fund was established tn 1996 and is a dedicated ~ource of income from 1% hotel tax 1/2%o ~ estaurant tar and a $1 O0 per room night Theae fund~ at e dedicated fsi odverttsmg promotion and the operation of the Vl~ttor lnJormatlon Center At the end of the) ear the surplus rolls o~.ct ITEM tt 50797 HI2 Ordinance lo TRANSFER $188 500from CDBG Reserves to the FY 2002 09 0peratmg Budget ofHoustng and Nctghborhood Preservatton for the Neighborhood Revitalization Sl~ateg) Area (NRSA) HUD Plan and AUTHORIZE the Cttl Manager to erecute a contract with CARE ln~ Council Lady McClanan will vote NAY on this item Council Lad~, McClanan is concerned relative having et*.tc leagues send maps oJ their area to the City Mr Friedman advised the purpose of the proposal ts to execute a program that ts basically neighborhood outreach and tmprovement coordination The dedlcaled staff would coordinate with the Ctwc Leagues to des tgn and operate the Platt This ts a pilot progt am The mapptng projec t ts a ~ ervtce to the ctwc leagues and citizens T/as project provides information to citizens ~ho move into the Ctt~ and u4sh to know which Ctvtc League encompas*e~ thetr area Ifa pat ttcular ttem aJfects an area wtth the ulthzatton of the~e maps the staff can reform the proper CtYtc Leag~e Februa~y 25 2003 -19- AGENDA REVIEW SESSION ITEM # 50798 BY CONSENSUS the folio~.mg shall compose the CONSENT AGENDA H 10rdmances lo AMEND Ctty Code a 112 2 and 6-114 re DESIGNATION of channel at L}nnhaven Basra Broad Ba) and Narrows and RESTRICTIONS on launching landing parktng or stationing oft ecrermonal ~ essels tn certain at eas b ~ 10 5-1 and 10 5-2 re DEFINITIONS andpermtt tequtredfor Etnergency Medwal Servtcea (EMS) C ~ 12-49 re to REDUCE fire permtt and tnspe~ ttonfeesfor small factltttes and AUTHORIZE fee watvers for petmtt requtred fot Cttv Contracts H2 Resolutton REQUESTING the Gove~ nor to Declare the Ctty a Prtmary Dtsaster A rea a re drought damage to the C~t~, s Corn crop b re ercesstve ratnfali damage to the CtO, s wheal crop H4 Ordmance to recogmze the Development A uthortty's e rpanded tax base and restructure thetr outstandtng obhgat~on o£ $7491 468 b), erttng~ashtng the $1 235 331 tnterest ~eparate the pt tnc~pal balance tnto t~...o notes payable to the Ctty and A UTHORIZE the Ctty Managet to execute the appropriate documtnts for non interest beattng notes effective March 22 2002 H50rdmancetoAUTHOR1ZECttyManaget a To execute Amendatory project documents re.]umo~ Golf Academy at TPC Golf Course Ftr~t Tee b To execute Mutual Atd Agreements re Emergency Medtcal Servtces (EMS) wtth the Ctttes of Chesapeake and Norfolk H 6 Resoluttona referring Ordtnances v~tth proposed antendments to the Planning Commtss ton for ~ ecommendattons 106 108 221 1405 1605 of the Ctty ZontngOrdmance (CZO) re wtttten nottce and posttng of stgns for t ezomng and other apphcattona ~ 901 of the Ctty Zomng Ordtnance (CZO)re allowtng Pubhc or Prtvate Colleges or Untverstttes as permttted prtm_tpal ttse~ tn lite B-2 B-3 B- 3A and B-4 Business Dtstricts February 25 2003 - 20- AGENDA RE VIEW SESSION ITEM # 50798 (Continued) H7 d H8 H9 HIO Hll Ordmances to AUTHORIZE temporary encroachtnents znto City-owned properties JULIO and DEBBIE CABRAL re t onstructing and maintaining a pt tvate pier into Bass Inlet Fast at 2845 Sandpiper Road (DISTRICT 7 - PRINCESS ANNE) GSTEXPEMPTION TRUSTre constn~cttng and tnatntatntng a private pier lift anti ramp into Lake Jo}ce at 4469 Blatkbeald Road (D ....................... (DISTRICT 4 - B 4 YSIDE) MICHAEL T and PATRICIA B DUNHAM re constructing and matntatnmg a pri~.ate pier and lift into Crab C~eek at 2078 Tazewell Road (DISTRICT 4 BA YSIDE) MICHAEL and LUCILLE BROWN re construct.tg and mamtattang a brtck patto chimney concrete block/wood fence and shed at 4500 Pleasure Avenue (DISTRICT 4 - BA YSIDE) Otdtnance to ACCEPT and APPROPRIATE $51 000 in recovered expense i e a Consumer Affatrs case settlement to the Commonwealth Attorney s Office to replace Iosl State i evenue Ordinance to A CCEPT and APPROPRIA TE $20 O00 from the Federal Emergenc~, Management Agency (FEMA) to Fire Department s FY 2002-03 Operating Budget to recover e.~pense of a City Employee deploy6d to assist the Columbia mctdent support team Ordmance to ACCEPT and APPROPRIATE an $8,932 Grant f~ om the Cr.ntnal dusttce Services re contractual clerical ~ upport for the Pohce Domestic Violence Unit Ordmance to APPROPRIATE $833 931 from the Tourism Adverttstngprogram fund to lhe FY 2002 03 Operattng Budget of Convention attd Visitor Development for erpandmg their advertising pt ogram~ and certain capital Intpro~ements at the Visitor/Information Center February 25 2003 -2l - AGENDA REVIEW SESSION ITEM# 50798 (Connnued) HI20rdtnance to TRANSFER $188 500from CDBG Reserves to the FY 2002 09 0perattng Budget of Houstng and Netghborhood Prcsem,atton for the Netghborhood Revttaltzatton Sit ategy A rea (NRSA) HUD Platt and A UTHOR1ZE the CtO, Manager to execute a contract vt tth CARE Inc Items H 1 b and H 5 b uzll be DEFERRED INDEFINITELY, BY CONSENT Counctl Metnbers Reeve and Vtllanueva wtll vote NAY on Item H 4 Counctl Ladv McClanan wdl vote NA Yon Item HI2 February 25 2003 - 22 - AGENDA RE VIEWSESSION ITEM # 50799 Jl Variance to Section 4 4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for Steve Bishard/Bishard Development Corp at North L3nnhmen Road and Mayfa. Court ~54l North Lvnnhaven Road) contaimng 2 acres (DISTRJUT 5 - L YNNHA VEN) Councdman Wood advised the opposition e mads are misleading as the~e e-roads were sent before the tYanntng Commizston defet red the apphcatton The applicant changed the plan dramatically to reflect the citlzt~ns oppo3ition J here bas no citizen opposition on .January 8 2003 when the Planning Commission considered the apphcation and tecommended approval Robert Scott Director of Planning advised the city stafJ origtnally recommended dental but he now beheves the current plan t~ recommended fo~ approtal b} staff Council Lad'~ McClanan will vole NAY ITEM # 5O800 J2 Variance to Section 4 4 (b} of the Subdivision Ordinance that requires all newly created lots meet aH the i equtrements of the City Zoning Otdtnance (CZO) for Commonwealth Custom Home Butlders, lnc at Liltle Lake Drtve and Little Lake Court (1101 Five Point Road) (DISTRICT 5 - £ IWNH 4 VEN} Thl¥ item will be discusved in Formal Session as speakers are registered ITEM # 50801 Application of JBA Two, L L C for a Conditional U*e Permit ~ e motor *ehicle sales at Shore Drive and Pleasure House Road (4740 ghore Drive) tontammg 24 785 64 square feet (DIqTRIC7 4 - BA YSIDE) Council Ladv McClanan expressed concern telative the 42 v~htcles Stephen White Planning advised the 42 vehicles can onl3 be displa3ed on this portion of the site Council Lady McClanan will vote NAY on lhis item ITEM # 50802 B? CONSENSUS the following shall compose the PLANNING BY CONSENT AGENDA Jl l/attance to &ction 4 4 (b) of the Subdivision Ordinance thal ~equ. es all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for Steve Btshard/Btshard Development Corp at North Lynnhaven Road and Mayfair Court (541 North Lvnnhaven Road) conlamtng 2 acres (DISTRICT 5 - L YNNHA VEN) February 25 2003 J3 J4 J5 .I6 J7 .I8 - 23- AGENDA RE VIEW SESSION ITEM # 50802 (Continued) Application of S & R Properttes, L L C for a Mochficatton of a Conditional Use Permtl re a bingo hall (approved by Cttv Counctl on danuar), 26 1999) at Cleveland Street and At agona Boule~ ard (4933 Cle*eland Stree0 containing 4 81 acl es (DI3 TRICT 2 - KI~MPSVILLE) Appllcatton of Jack Rabbtt Self-Storage~College Parl; L L C for a Modtficatton of a Conditional Use Permtt te mint warehouse factht¥ (app~ oved bv Ctt¥ Councd on September 25 2001) at Providence Road and Woodstock Road (~950 Provtdence Road) contamtng 4 39 acres (DISTRICT 2 KEMPSVIL[ E) Application of Eucell Facen for a Condmonal Use Permtt re bulk sto~ age, aulo storage and contractor s sro!age yard at Vtrginla Beach Boulevard and Ftt ~t Colonial Road (1752 Vtrgima Bearh Boulevard) contatnmg 15 103 83 square feet (DISTRICT 6 - BEACH) 4pphcatlon of Graham's Custom Body Shop & Towmg, L L C for a Conditional Use Permit re bulk storage and expansion of the body s hop at Jensen Drive and South Btrdnerk Road (1121 Jensen Drive) contalntng I 567 acre (DISTRICT 6 BE 4CH) Apphcatton of JBA Two, L L C Jor a Conditional U~e Permit re motor vehicle sales at Shore Drtve and Pleasure House Road (4740 Shore Dt lvO contatnmg 24 785 64 square feet (DISTRICT4 B,,tYS[DE) Application of Reed Enterprtses, lnc for a Condittonal Use Permit re gasoline sales tn conjunr tion with a conventences tore at Holland Road and Chimney Hill Parkway (985 Chimney Hill Park*va~ ) contatmng 31 755 square feet (DISTRICT 3 - ROSE HALL) Coum d Lady McClanan will vote NAY on [tents d I and d 7 Item d 4 wtll be DEFERRED unttl the Ctty Counctl Sesston of March 11, 2003, B Y CONSENT Item d 5 will be DEFERRED INDEFINITELY, BY CONSENT February 25 2003 24- CITY COUNCIL COMMENTS ITEM # 50803 Ma) or Oberndorf referenced the extraordtnardy beautiful servtce statton at the corner of Baxter and Princess ,4nne Roads whtch she tntttally could not support durtng the Ctty Councd s consuleratton Howeve~ tht~ has de~eloped beautifully and enhances the **hole netghborhood 1! ts the incest p~ oject tn Kempsvdle February 25 2003 25 ITEM # 50804 Ma3or Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tit the Ctty Councd Conference Room Ctty Hall Butldtng on Tuesda3 February 25 2003 at 5 28 PM Counctl Members Present Margaret L Eu~e Louts R Jones RtchardA Maddm Reba S MtClanan Ma)o~ Mevera E Oberndotf J~m Reeve Peter W Schmtdt Ron A Vdlanueva Rosemar) Wdson and Jame, L Wood Councd Members Absent Harry E Dtezel February25 2003 26- ITEM# 50805 Mayor Me) era E OberndorJ entertained a motton toper mit Ot3 Couttcd to conduct tis CLOSED SESSION pm*uant to Sectton 2 1-344(A) Code of~trgmta as amended for the followmgpurpose PERSONNEL MATTERS Dtscusston constdetatmn or tntervle',vs of pro~pecttve candidates for emplo)ment asstgnn~ent appointment ptorttotton performance dentotton 3alarte3 dt~ctp[tntng or reslgnatton of 3pec~c publtc ofllcer~ appointees ol e~nployees pur3uant to Section 2 2 3711 (A) (I) To Wit Appotntments Boards and Comml~stons Health Ser~ ices Advisory Board Human R~ghta Commtssion Mlnortty Busmess Council Shore Drive Ad~ Isot~, Commission The Planning Councd Upon motion by Councd Lady Wtlson seconded b~ Vice Ma, or don~s Ctty Counctl voted to proceed tnto CLOSED SESSION Voting 10-0 Council Member~ Vottng Aye Margaret L Eure Vtce Mayor Lout~ R Jones Rtba 5 McChman Rlchat d A bladdox Mayor Meyera E Oberndorf Jtm Reeve Peter W Schmtdt Ron A Vdlanueva Rosemar3 Wd~on and dame~ L Wood Counctl Members Vottng Nay None Counctl Members Absent Hart3, E Dtezel (5 28 PM -5 50PM) February25 2003 CERTIFICATION OF CLOSED SESSION 27 ITEM # 50806 Upon motton by Vice Mayo~ Jones seconded by Counctlman SchmMt Cay Councd CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only pubhc business matters lawfully exempted from Open Meeting requirements by Vtrgima law were dtscussed tn ( los~.d Session to whtch thts certtficatton ~esolatton apph~s AND Only such publtc bustness matters as were tdenttfied tn the motton convemng the Closed Se~ton }*ere heard dtscus~ed or constdeted by Vtrgmta Beach Ctty Counctl l/ottng 10 0 Councd Metnbers Voting Ave Margaret L Eure Vtce Mayor Louts R Jones Reba S McClanan Rtchard A Maddox Mmor Meyera E Oberndorf Jtm Reeve Peter I4/Schmtdt Ron 4 Vtllanueva Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Abaent Harry E Dtezel February25 2003 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS The Vlrglma Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 50805, page 26, and in accordance with the prowslons of The V~rglma Freedom of Information Act and, WHEREAS Section 2 2-3711(A) of the Code of Vlrglma requires a certification by the goveming body that such Closed Session was conducted in conformity with Virginia law NOW, THEREFORE, BE IT RESOLVED That the V~rgmla Beach Ctty Council hereby certifies that, to the best of each member's knowledge, (a) only public busmes, matters lawfully exempted from Open Meeting requirements by Virginia law were discussed m Closed Session to which this certification resolution applies, and, (b) only such public business matters as wel e identified in the motton convening this Closed Session were heard, discussed or considered by Vlrglma Beach City Council City Clerk February 25 2003 28 FORMAL SESSION VIRGINI 4 BEACH CITY COUNCIL February 25, 2003 600PM Mavo~ Mevera E Obetndorf called to order the I~ORMAL SESSION o~ the VIRGINIA BEACH CITY COUNCIL tn the Councd Chamber City Hall Budding on Tue~da~ FebruatT 25 2003 at 6 O0 P M Councd Members Present Margaret L Eure Vtce Mayor Louts R Jones Reba S McClanan Rtchard A Maddor Mayor Meyera E Obet ndorJ dim Reeve Peter W Schmtdt Ron ,4 Vdlanueva Rosemary Wtl~on and dames L Wood Councd Members Absent Harr3, E Dtezel [Out of the Clt3 ] INVO( A TION Reverend Ttm Valentme Pastor Colomal Baptist Church of Oceana PLEDGE OF 4LLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Febtuatw 25 2003 Item V-E l 29 INTRODUCTION ITEM # 50807 Ma) o~ Obe~ ndot f recogmzed the folio** tng Boy Scouts tn attendant e }* ho are lq orkmg on their "ctttzen ~htp tn the communtty badge BO Y SCOUT TROOP 66 Sponsored by Kempsvdle Rurttan Club James Washington Scout Master Ken Yarberry Scout Leader February 25 2003 Item V-F 1 - 30 MINUTES ITEM # 50809 Upon morton by Councthnan Schmtdt seconded by Counctbnan Reeve Ctty Counctl APPROVED the Mtnutes of the INFORM~IL/IND FORM~IL SESSIONS of February 11, 2003 l/ottng 10-0 Counctl Member~ Vottng Ave Margaret L Eure Vtce Ma,~or Louts R Jones Reba S McClanan Rtchard A Maddor Ma)or Me, eta E Oberndo~f Jtm Reeve Peter I,V Schmtdt Ron A Vtllanueva Rosemary Wtl~on and James L Wood Councd Members Vottng Nay None Counctl Members Absent Ha~rl, E Dtezel Ftbrua~,25 2003 Item V-G ADOPT AGENDA FOR FORMAL SESSION 31- ITEM# 50810 BY CONSENSUS Ct0 Council ADOPTED AGENDA FOR THE FORMAL SEfSION February25 2003 Item V-H ORDINANCES/RESOLUTIONS 32- ITEM # 50811 Upon motton by l/tce Mayor Jones seconded by Councdman Reeve C~lv Councd APPROVED IN ONE MOTlONItems la/b(DEFERRED)/c 2a/b 4 5a/b (DEFERRED) 6 7 8 9 10 11 and 12 of the CONSENT AGENDA Items H lb and H 5b were DEFERRED INDEFINITELY, BY CONSENT Vottng 10-0 (By ConsenO Counctl Metnbers ?ottng Aye Margaret L Eure Vtce Mayor Louts R Jones Reba S McClauau Rtchard A Maddor Mayor Meyera E Oberndorf Jtm Reeve Peter W Schmtdt Ron A Vdlanueva Rosemar3 Wdson and James L Wood Councd Members Vottng Nay None Counctl Members Absent Har0 E Dtezel Counctl Members Reeve and Vtllanueva voted VERBAL NAYS on Item H 4 (Development Authortty) Counctl La&, McClanan voted a VERBAL NAY on Item H 12 (CARE lnc ) February25 2003 Item I/-H la/c 33- ORDINANCES/RESOLUTIONS ITEM # 50812 Upon motton by V~ce Mayor clones seconded by Councdman Reeve Ctty Councd ADOPTED Ordtnances to AMEND the Cttv Code ~ 6-112 2 and 6 l l 4 re DESIGNA TlON of channel at Lynnhaven Bastn Broad Bay attd Narrows attd RESTRICTIONS on launchtng landtng parktng or stattonmg of recreattonal ~ esse[s tn certam areas ~12 49 to REDUCE fire permtt and tnspectton fees fot small facdmes and AUTHORIZE fee }travels for permtt requtted for Ctly Contracts Voting I0-0 (By Consent) Councd Members Vottng Ave Margaret L Eure Vtce Mayor Louts R ,Jones Reba S McClanan Rtchard A Maddor Ma)orMeyeta E Oberndorf Jtm Reeve Peter W Schm~dt Ron 4 Vdlanue~a Rosemary Wtlson and James L Wood Counctl Members Votmg Nay None Counctl Members Absent Hart~J E Dtezel February25 2003 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE TO AMEND AND REORDAIN THE VIRGINIA BEACH CITY CODE PERTAINING TO DESIGNATION OF CHANNEL FOB VESSELS TRANSITING THE AREA OF THE LYNNHAVEN BASIN, BROAD BAY AND THE NARROWS, AND, RESTRICTIONS ON LAUNCHING, LANDING, PARKING OR STATIONING RECREATIONAL VESSELS IN CERTAIN AREAS SECTIONS AMENDED 6-112 2 & 6-114 BE VIRGINIA That Sections to deszgnatlon of IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6-112 2 and 6-114 of the C~ty Code, pertaining channel for vessels transiting the area of the Lynnhaven Baszn, launching, landing, parking or stationing recreational certain areas are hereby amended to read Broad Bay and The Narrows, and, Restrictions on vessels in Sec 6-112 2 Designation of channel for vessels transiting the area of the Lynnhaven Bas~n, Broad Bay and The Narrows (a) There is hereby established a channel for vessels transiting between Long Creek Canal and the entrance to L~nkhorn Bay, through Broad Bay and The Narrows Such channel shall be marked with approprmate markers and navmgatlonal aids conforming to the requzrements of the U S Coast Guard (b) There is hereby established a channel for vessels transiting the Lynnhaven Turning Basin and the Lynnhaven Channel The Lynnhaven Turnlnq Basin is defined as that body of water bordered on the north by the Lesner BridGe, then follow~nq south along the shoreline running from the southern edqe of the west end 32 33 34 35 36 37 38 39 40 41 42 44 45 46 47 48 49 50 51 52 53 54 55 of the Lesner Bridge to the entrance of Crab Creek, then runnmnq along a lmne east from Crab Creek to Long Creek Channel Marker 2, continuing east from Channel Marker 2 to Long Creek Channel Marker 4, then bordered on the east by a line runnmnq from Long Creek Channel Marker 4 to the southern edge of the east end of the Lesner Bridge Such channel shall be marked with appropriate markers and navlqatmonal amds conforming to the requirements of the U S Coast Guard (b~) It shall be unlawful for any person to anchor, fmsh, crab, swlm~ ~rr water ski or in any way obstruct any vessel transltmnq in said channel Powered vessels shall not operate mn said channel except as necessary to transit or cross same, proceeding in accordance with the Inland Rules of the Road (d) No part of thms section shall be deemed to prohibit flshmnq, crabbing, swmmmmnq or wadzn~ from the shorelines abuttmnq the Lynnhaven Channel or the Lynnhaven Turning Basmn Sec 6-114 Restrictions on launching, landing, parking or stationing recreatzonal vessels an certain areas (q) It shall be unlawful for any person to launch, land, park or statmon a sailboat, motorboat, motormzed personal watercraft, canoe, rowboat, flatboat, kayak, ummak, scull or any other smmmlar recreational vessel on the beach area between the western end of 56 the Lesner Br~dqe continuing southwest along the shorelmne of the 2 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 Lynnhaven Turning Basin and then west to the Lynnhaven Boat Ramp at Crab Creek with the following exceptions (1) In an emerqenc¥, o~ (2} With an approved race or regatta permit (~h) Any police officer of the City of Virginia Beach is hereby authorized to remove and impound or have removed and impounded any vessel which appears to be in vIolation of thms sectzou or which is lost, stolen, abandoned or unclaimed In addztmon to tne fine imposed for a violation of this section, vessel shall be removed and impounded at lawfully claimed or disposed of such the owner's expense untml (~!) Any person who shall violate any of the provisions of this section shall be guilty of a Class 4 mIsdemeanor {T~) If any person holding a permit under this section has three (3) or more convictions, or findings of not innocent in the case of a juvenile, of violating this section or ~ectlon 6-115 within the permit period, the city manager shall revoke that person's permit That person shall not be eligible for another permit for the same permit period (~k) Any person who has six (6) os more convlctmons, or f~ndlngs of not innocent in the case of a juvenile, of v~olating this section or section 6-115 within any two-year period shall not be issued a permit by the city manager under this section for the next two (2) years 81 82 Adopted by the Counczl of the City of Vzrglnza Beach, Vmrglnza, on the 25TM day of February, 2003 83 84 85 86 CA-8557 ordln/proposed/06-112 2 & 06-114 ord January 9, 2003 R5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO FIRE PERMIT AND INSPECTION FEES TO REDUCE THE FEES FOR SMALL FACILITIES AND AUTHORIZE FEE WAIVERS FOR PERMITS REQUIRED FOR CITY CONTRACTS SECTION AMENDED ~ 12-49 1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That Section 12-49 t of the Code of the City of Virginia Beach is hereby amended and ordained to read as follows Sec 12-49 i Fees for permits and mnspect~ons Fees for permits or inspections required by this article or the Virginia Statew~de Fire Prevention Code are hereby levied in accordance w~th the following schedule (a) Re~nspectlon fee for ~ second re-~nspect~on and every subsequent inspection to demonstrate compliance w~th the Virginia Statewlde Fire Prevention Code - Twenty five dollars ($25 00) (g) Assembly or educatIon occupancies (1) Annual permit fee for facilities ($50 00), ll) with k~wew~e~ 100 50 to 99 persons - Fifty dollars Annual permit fee for facilitIes t__o 500 persons - One hundred dollars ($100 00), Annual permit fee for facilities with ~-r~rt~er--t+ra~ 500 or more persons One hundred fifty dollars ($150 00), 29 30 31 32 33 34 35 36 37 38 (mv) ABC inspection fee Fifty dollars ($50 00), (v) Recalculation of occupancy load fee - Fmfty dollars ($5O The fees zmposed pursuant to th~s sectmon shall be used to defray the cost of enforcement and appeals under the Statewmde Fire Preventzon Code The C~ty Manaqer or h~s des~qnee may waive any of these fees for Dermzts requzred ~n the performance of a contract with the C~ty of Vzrqznma Beach, provmded that a written wamver ~s fzled wzth the Fzre Department alone wzth a cody of the contract 3§ 40 Adopted by the Cmty Counczl of the Czty of Vzrg~nma Beach, V~rg~nma, on thzs 25~ day of February, 2003 CA-8703 ORDIN\PROPOSED\I 2-049 R-3 January 24, 2003 lord wod Item V-H lb 34- ORDINANCES/RESOL UTIONS ITEM # 50813 Upon motion by ktce Mayot Jones seconded by Councdman Ree*e City Councd DEFERRED INDEFINITE£ Y Ordinance to AMEND City Code b ~ 10 5 1 and 10 5-2 re DEFINITIONS and permit required for Emergency Medical Services (EMg) Voting 10 0 (B) ConsenO Council Members l/otmg Ave Margaret L Eure Ftce Mayor Louts R Jones Reba S McClanan Rtchard A Maddox Mayor Meyeta E Oberndorf Jim Reeve Peter ~ Schtmdt Ron A glllanueva Rosemary Wilson and dame~ L Wood Council Members Voting Nay None Cotinctl Members Absent Harry E Dtezel February25 2003 Item V-H 2 afo ORDINANCES/RESOL UTIONS 35 ITEM # 50814 Upon moUon by Vtce Ma) or dones seconded by Counctlman Reeve Ctly Councd ADOPTED Resoluttons REQUESTING the Governor to Declare the Clt~ a Prtmary Dtsaster Area a te drought damage to the City s Corn crop b re exce~stve ratnfall damage to the Ctt¥ ~ wheat crop Vottng 10 0 (By ConsenO Councd Members Vottng,4ye Margaret L Eure Vtce Mayor Louts R dones Reba S McClanan Richard A Maddo,: MayorMeyeraE Oberndorf dim Reeve Pete~ I~ Sthmldt Ron A Vdlanueva Rosemal3, Wilson and dames L Wood Councd Members Voting Nav None Councd Member~ Absent Harry E Dtezel February 25 2003 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A RESOLUTION REQUESTING THE GOVERNOR TO DECLARE THE CITY A PRIMARY DISASTER AREA BY REASON OF DAMAGE TO THE CITY'S WHEAT CROP CAUSED BY EXCESSIVE RAINFALL WHEREAS, beginning in October 2002, the City received an excessive amount of rainfall, which excessive rainfall continued through the fall and early winter of 2002, and WHEREAS, as a result of such excessive rainfall, fields became too wet to plant wheat on time, and WHEREAS, as a result of such excessive rainfall, an estimated 2,500 acres of wheat were planted in Virginia Beach, as compared to the five year average of 6,500 acres, and WHEREAS, 75% of those 2,500 acres were planted after the recommended planting date, and 50% of the seed which was planted failed to germinate, and WHEREAS, the seeds that did germinate have developed into weak and immature seedlings and will not produce a normal yield this spring, and WHEREAS, the winter wheat crop loss in Virginia Beach will exceed 75%, and WHEREAS, as a result of the aforesaid crop losses, Virginia Beach farmers have incurred, and will continue to incur, significant adverse financIal impacts, and WHEREAS, Virginia Beach farmers are assistance in responding to their losses, and need of federal 27 28 29 30 31 32 33 34 35 36 37 38 39 4O WHEREAS, allow Virginia Beach's farmers to be federal disaster assistance programs States Department of AgrIculture a declaratzon of disaster by the Governor would eligible to participate in administered by the United (USDA), NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the City Council hereby respectfully requests the Governor of the Commonwealth of Virginia to declare the City of Vzrglnla Beach a primary disaster area arising from damage to the City's wheat crop as a result of the excesszve ramnfall occurring both before and during the current winter wheat growing season, and that the Governor take such other and further measures as he deems approprzate to request federal disaster assistance for the City's farmers 41 42 Adopted by the Council of the City of V~rglnla Beach, Vlrgznla, on the 25th day of Eebruary , 2003 CA-8762 ORDIN \NONCODE\whea td~ sasterres R-1 February 14, 2003 APPROVED AS TO CONTENT 7~grlculture Department wpd APPROVED AS TO LEGAL SUFFICIENCY 2 1 2 3 4 A RESOLUTION REQUESTING THE GOVERNOR TO DECLARE THE CITY A PRIMARY DISASTER AREA BY REASON OF DROUGHT DAMAGE TO THE CITY'S CORN CROP 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, drought during the WHEREAS, the City of Virginia Beach experienced extreme 2002 growing season, and such drought conditions caused significant damage to corn crops produced by farmers in the City, resulting in an estimated reduction of corn grain yield from the five - year average of 140 bushels of corn per acre to an estimated 90 bushels per acre, a loss of 36%, and WHEREAS, as a result of Virginia Beach farmers have incurred, significant adverse financial impacts, WHEREAS, Virginia Beach farmers are in need of assistance in responding to their losses, and WHEREAS, a declaration of disaster by the Governor would allow Virginia Beach's farmers to be federal disaster assistance programs States the aforesaid crop losses, and will continue to Incur, and federal OF VIRGINIA BEACH, VIRGINIA That the City Council Governor of the Commonwealth of hereby respectfully Virginia to declare Virginia Beach a primary disaster area arising from damage to the City's corn crop as a result of the extreme drought during the 2002 requests the the City of eligible to participate in administered by the United Department of Agriculture (USDA), NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 27 28 29 30 31 and that the Governor take such other and further to request federal disaster growing season, measures as he deems appropriate assistance for the City's farmers Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of February , 2003 CA-8763 ORDIN\NONCODE\cornd~saster res wpd R-1 February 14, 2003 APPROVED AS TO CONTENT Agriculture Departme~ 2 36- Item V-H 3 ORDINANCES/RESOLUTIONS ITEM # 50815 The following registered to speak tit SUPPORT Reid Greenmun 2621 Sandpiper Road Phone 426-5589 made recommendations Marilvn Danner 2601 Wear Landing Road Phone 426 7390 supporled but urged definition of developable acres and exptessed concerns re the $300 000 homes Wtlliain Bailey President - Virginia Beach Professional Flrefighters spoke itt support on behalf of the membership 4841 Rosecroft Stleet Phone 288-5761 Glenn Barr 1516 Head of River Road Chesapeake Phone 421 ~509 represented the equine community Susan Powers 409 Head of River Road Chesapeake 432-9900 repreaented the equine communtt) and requested the equine arena located at Princess Anne Pa~ k be mo~ ed to lhe T~ ansltton Area Molly and Maggte Gregg 928 Blackwater Road Chesapea,{e Phone 482 4221, 13 and l 4 year old members of the equine community and requested the equate arena located at Princess Anne Park be moved to lhe lransitlon 4rea The following registered in OPPOSITION Georgette Constant 110 72'a Street Phone 422 2948 expressed concerns Cynthia Sidner 1141 New Market Drive Phone 467-1829 Anna Sldner Sentot Girl Scout Junior at I andslown High School Pre~ talent- Young Citizen ~ and Future Voters 114l Nc** Market Drt~e Phone 467 1829 Upon motion by Councilman Reeve seconded by Councilman Schmidt City Council ADOPTED, WITH PROPOSED NAME CHANGE FROM "TRANSITION AREA" TO "PRINCESS ANNE Resolution to ACCEPT the Transition Area Technical Advisory Committee, (TA TA C) report designating the recommendalionv as INTERIM GUIDELINES for the interpretation of and application to the Comprehensive Plan Voting 9 I Council Members Voling Aye Margaret L Eure Vtce Mayor Louis R done* RichardA Maddo.x Mayor Meyera E Oberndo~f dim Reeve Peter W Schm~dt Ran A Vdlanueva Rosemary Wilson and James L 14. ood Council Members Vat.ti Nay Reba S McClanan Council Members Abse~lt Harry E Diezel Febluat7, 25 2003 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION ACCEPTING AND APPROVING THE REPORT OF THE VIRGINIA BEACH TRANSITION AREA TECHNICAL ADVISORY COMMITTEE AND DESIGNATING THE RECOMMENDATIONS THEREIN AS INTERIM GUIDELINES FOR TFE INTERPRETATION AND APPLICATION OF THE COMPREHENSIVE PLAN WHEREAS, resolution the Coramlttee (the on August 27, Virginia Beach TransItIon Area Committee"), and WHEREAS, the Committee was charged 2002, Cmty Council establzshed by Technzcal Advisory w~th the responszbllzty of recommendzng to the Planning Commzsslon technzcal means of clarifyIng the portLon of the Comprehensive Plan concernmng the Trans~tzon Area consIstent with the vzslon for the Transition Area as expressed by City Counczl during its August 20t~ workshop, and WHEREAS, the Plannzng Commission was briefed on the Committee's report and recommendations on January 13, 2003, and a fznal version of such report and recommendatzons was presented to the Planning Commlssmon on January 27, 2003, at which time members of the publmc were permitted to comment upon the said report and recormmendatlons, and WHEREAS, the Planning Commlssmon accepted and approved the report of the Committee presented to the Con~nlSSlOn on January 27, 2003, and recou~ended to the Czty Council that the report and the recommendations therezn serve as interim guzdellnes for the lnterpretatzon and applzcatlon of the provzs~ons of the 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Comprehensmve Plan as mt applmes to the Transltmon Area untml such tmme as the Comprehensmve Plan ms revmewed and amended mn accordance with applicable law, and WHEREAS, the Cmty Council recemved substantmal publmc comment concernmng the report of the Commmttee at the Councml meetmngs held on January 28, 2003 and February 11, 2003, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the report of the Commmttee ms hereby accepted and approved, and the recommendatmons contamned in the report shall serve as mntermm guidelines for the mnterpretatmon and application of the provisions of the Comprehensmve Plan as mt applies to the Transmtmon ~rea unt!l such tmme as the Comprehensive Plan ms revmewed and amended in accordance wmth applmcable law 43 44 Adopted by the City Council of the City of Vmrglnla Beach, Vlrgmnma, on the 25th day of February , 2003 CA-8725 wmm\ordres \ t rans it monareares wpd R-4 February 19, 2003 APPROVED AS TO CONTENT Plannm~ee~artment DPPROVED AS TO LEGAL SUFFICIENCY Law Department Item V-H d -37- ORDINANCES/RESOLUTIONS ITEM # 50816 Upon motion by Vice Mayor dones seconded by Councdman Reeve City Councd ADOPTED Ordinance to recognize the Development Authority's e~tpanded tax baae and restrut ture their oulstandtng obhgation oJ $ 7 491 468 bi extinguishing the $1 235 331 interest separate the principal balanre into t~*o notes payable lo the Cit~ and AUTHORIZE the City Manager to e*cecute the approprtate docume nts Jor non-mlet es t beartng notes effectt~ e March 2 2 2002 Voting 8-2 (By ConsenO Council Members Voting Aye Margaret L Eure Vice Mayor Louls R dones Reba S McClanan Richard A Maddox Mayor Meyera E Oberndorf Peter W Schmtdt Rosemary Vgllson and dame~ L Wood Council Members Voting Nay ,Jim Reeve and Ron A Vdlanueva Council Membo s dbsent Harry E Dtezel Febrz¢ary 25 2003 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 AN ORDINANCE TO RESTRUC£URE THE CITY OF ~IRGINIA BEACH DEVELOPMENT AUTHORITY'S ObTSTA~DI~G OBLIGATION TO FHE CITY OF VIRGI~{IA BEACH WHEREAS, since Assembly in 1964, the ("Development Authority") its establishment by the Vzrgmnla General Virginia Beach Development Authority has partnered w~th the City of Virginia Beach ("City") to facilitate expansion of the City's tax base throdgh ~ncreased bus.ness ~nYestment and the creation of employment opportunities within the C~ty, WHEREAS, the City has made various loans to the Development Authority for the acquisition of real property and the development and construction of ~nfrastructure, the Oalance of which were consolmdated by and the term5 of wh=ch are set forth ~n that certain Consolldat!oD, dated as of March 1, 1996, WHEREAS, pursuant Mod!f!cat!on and Renewal the Loan Agreement, interest-free and no principal payments are due on the the date that the Development Authority pays in outstandlrg loan from Bauf of America, N A America, ~greeme~t the loan ~s loan until full ~ts WHEREAS, the Development Authorlty's loan trom Bank ol N A was paid in full on March 22, 2002, WHEREAS, pursuant to the Loan Agreement between the City and the Development Authority, after payment in full of %ne Bank of 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 42 43 44 45 46 47 America loan, interest begins to accrue on the outstanding loan balance and principal payments are to be pa~d in the amount of 95% of net land sale proceeds from land sold by the Development Authority, WHEREAS, Council on June 25, September 30, 2002, the loan, WHEREAS, by Resolution RES-02941 adopted by the C~ty 2002, the City Council agreed to suspend until the interest accrual and payment provisions of the current balance of the C~ty's loan to the Development Authority ~s $7,491,468 ($1,235,331 of which ~s · nterest accrued since 1974 and the balance of which is principal), and WHEREAS, ~n an effort to maintain a financially strong Development Authority which, in turn, will help the C~ty achieve its economic v~tallty goals, it is ~n the City's ~nterest to facilitate repayment of the loan (~) by extinguishing the Development Authorlty's obligation to pay the ex.sting accrued interest in the amount of $1,235,331, and (il) by restructuring the loan ~n accordance with the terms of the Term Sheet attached hereto as Attachment A NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 2 restructuring, Authormty's $6,256,137, hereto as Attachment A 1 That mn recognmtmon of the Vmrginma Beach Development Authormty's contribution to expandmng the tax base of the Cmty of Vmrgmnla Beach and mn recognmtmon of the mmportance of fmnancmally supportmng the commercial development actmvmtmes of the Development Authormty, the Development Authorlty's oblmgatmon to repay $1,235,331 of outstanding accrued mnterest on the loan made by the City to the Development Authority ms hereby extmngulshed The Cmty Coumcml hereby approves and authorizes the effective as of March 22, 2002, of the Development loan from the Cmty in the outstandmng amount of in accordance wmth the terms of the Term Sheet attached 3 The City Council of the City of Vmrgznma Beach hereby authormzes and dmrects the Cmty Manager and the C~ty Attorney to draft the documents necessary and approprmate to restructure the loan mn accordance wmth the terms of the Term Sheet attached hereto as Attachment A 4 The Cmty Manager Ls authorized to execute and delmver the necessary documents to effectuate the terms of this Ordmnance, so long as such documents are consmstent with the terms of the Term Sheet and have been approved by the Cmty Attorney 3 69 Adopted by the Council of the City of 70 Vlrglnza, on the ?Sth day of ~J~ra~a~y 2003 71 72 73 74 75 76 77 78 79 81 82 83 84 85 86 87 88 89 90 91 APPROVED AS TO CONTENT Dept of Economy Development APPROVED AS TO LEGAL SUFFICIENCY C~ty Attorney Ca-8608 January 14, 2003 F \Data\ATY\Ordln~NONCODE~VBDAIoanRestructure ord4 doc Virginia Beach, Item V-H 5 a. ORDINANCES/RESOLUTIONS - 38 ITEM # 50817 Upon motion bv Vice Mayor Jones seconded bv Councilman Reeve Clt) Council ADOPTED Ordinance to AUTHORIZE the City Manager to erecute AmendatoO, project documenl~ re duntor GoIf Academv at TPC Golf Course First Tee Voting 10-0 (By Consen0 Council Member s Voting A ye Margaret L Eure Vice Mayor Lom~ R Jones Reba S McClanan Richard A Maddox Mayor Mey~ra E OberndotJ Jun Reeve Peter W gchmtdt Ron vt Vtllanueva Rosemary Wdson and Jame~ L Wood Councd bfembers Votmg Nay None Counctl Members .4bsent Harry E Dtezel February 25 200~ 1 2 4 5 6 7 8 9 10 l! 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 ORDINANCE AUTHORIZING CITY MANAGER TO EXECUTE AMENDATORY PROJECT DOCUMENTS WITH RESPECT TO TPC GOLF FACILITY TO ACCOMMODATE FIRST TEE OF VIRGINIA BEACH, A IUNIOR GOLF ACADEMY WHEREAS, by Grouud Lease dated as of October 8, 1997, between the City ot Vlrg~ma Beach (the "City ') and the City of Virginia Beach Development Authority ( 'VBDA' ) (the "Ground Lease"), a Memorandum of which is recorded m the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virgmla in Deed Book 3799, page 626, the VBDA leases from the City approximately 500 acres of real property located in the Lake Ridge area of the City (the "Leased Premises") The Leased Premises consists of parcels separately described as the Famhty Site which contains approximately 309 50 acres, and the Option Parcel, whmh contains apprommately 186 70 acres, WHEREAS, by Sublease Agreement dated as of October 8, 1997 between VBDA and TPC of Vlrglma Beach, L L C, a Virginia bruited hablhty company ( 'TPC' ) (the "Sublease"), a Memorandum of wtuch is recorded in the aforesaid Clelk's Office m Deed Book 3799, at page 631, VBDA subleased the Faclhty Site to FPC and granted to TPC an option to sublease the Optmn Parcel, WHEREAS, pursuant to the Sublease and that certain Development Agreemeut dated as of October 8, 1997, between VBDA and TPC (the "Development Agreement") TPC has constructed a Tournament Players Club golf course, clubhouse and related amenities upon :t:254 acres of the Facility Site and is presently opelatmg the facility as the Tournament Players Club of Virginia Beach pursuant to the terms ora license begveen TPC and the PGA TOUR, WHEREAS, pursuant to that certain Memorandmn of Understanding dated May 16, 2000, among Hampton Roads Junior Golf Foundation, a Virginia corporatmn (the 28 29 30 31 32 33 34 35 36 37 38 '~9 40 41 42 43 44 45 46 47 48 49 50 "Foundation"), TPC, VBDA and the City, the part~es agreed to the terms for the development, construction and operatton of a junior golf academy known as First Tee of V~rgmta Beach (' Ftrst Tee' ) on an approximately 60-acre parcel of property constituting a portmn of the Fac~hty Site and a pomon of the Option Parcel, WHEREAS, to accomphsh the development, constructmn and operation of F~rst Tee and to conform the Sublease so that it covers only the Facility S~te acreage actually utd~zed for the constructton of the TPC golf course project, it ~s necessary to cause the reconfiguratton of the Facility Site and the Option Parcel such that (a) the Faclbt¥ Site is increased from 309 50 acres to 313 52809 acres and includes the s~te on whmh First Tee is constructed and (b) the Optmn Parcel is reduced from 186 70 acres to 120 78 acres, WHEREAS, the entry by TPC ~nto a sub-sublease w~th the Foundation for a portmn of the Facdtty Stte reqmres the approval of VBDA and the Ctty, and WHEREAS, the C~ty Manager seeks authorization to execute and deliver (a) a Modification Agreement which modifies the Development Agreement, the Sublease and the other TPC Project documents to reflect the reconfigured Facd~ty S~te and the reconfigured Option Parcel, and (b) an Addenduln to Sublease Agreement which (l) reflects the recoufigured Facd~ty Stte and the reconfigured Optton Parcel, (n) prowdes for the C~ty's consent to TPC's entry ~nto a sub-sublease w~th the Foundation for a portmn of the Facility S~te for First Tee, and (Il0 provides for the reduction in rent of the port,on of the Faclhty Site subleased by TPC lo the Foundatmn for F~rst Tee, each in substantially the same form as the proposed documents provided to Counml and on file in the C~ty Clerk's Office NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TIlE CITY OF VIRGINIA BEACH, VIRGINIA, 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 That the City Manager, acting on behalf of the City of Virginia Beach, is bercby authorized to execute and dehvel the following documents to accommodate the development, construction and operation of a junior golf academy known as First Tee of Virginia Beach and to conform the Sublease so that it covers only the Facility Site acreage actually utihzed for the TPC Golf Course project (a) a Mo&ficaUon Agreement winch modifies the Development Agreement, the Sublease and the other TPC ProJect documents to reflect the reconfigured Facility Site and the reconfigured Option Parcel, and (b) an Addendum to Sublease Agreement which (0 reflects the reconfigured Faclhty Site and the reconfigured Option Parcel, (ii) provides for the City's consent to TPC's entry into a sub-sublease with the Foundahon for a portion of the Facihty Site for First Tee, and (iii) provides for the reduction in rent of the portion of the Facility Site subleased by TPC to the Foundation for First Tee, each in substantially the same form as the proposed documents prowded to Council and on file in the City Clerk's Office Adopted by the Council of the City of Virginia Beach, Vlrg~ma, on the 2 5~-bday o f ~?~el:w_.a.tax_y_ ,2003 APPROVED AS TO CONTENT4 ~' Dept of Economic Development APPROVEI~ AS ,TO City Attorney CA-8659 January 8, 2003 3 Item V-H 5 b 39- ORDINANCES/RESOLUTIONS ITEM it 50818 Upon morton by Vtce Mayor Jones seconded bi' Councdman Reeve CtO Councd DEFERRED INDEFINITELY Ordtnance to AUTHORIZE the Crt,, Manager to ~recute Mutual Atd Agreements re Emergency Me&cai Servtce~ (EMS) wtth the Ctttes of Chesapeake and Norfolk Vottng 10-0 (By ConsenO Councd Members Votmg ,4),~ Margar et L Eut e Vtce Mayor Louts R Jones Reba S McC lanan Rwhard A Maddox Ma~or Meyera E Oberndorf Jtm Reeve Pettr W Schmtdt Ron d ~tllanue*a Rosemary Wtlaon amt Jame~ L l{ood Councd Member~ Vottng Nay None Councd Members Absent Harry E D~ezel Feb~taO 25 2003 Item V-H 6 a/b - 40- ORDINANCES/RESOL UTIONS ITEM# 50819 Upon motton by Vzce Mayor done~ ~econded by Counctlman Reeve Ctty Councd ADOPTED Resoluttons referrtng Ordtnances wtth p~oposed amendments to Plannmg Commtsston for recommendattons a 106 108 221 1405 1605 of the Ctty Zonmg Ot dtnance (CZO) re wrttten nottce and posttng of stgns ['or ~ezontng and other appltcattons b 901 of the Ctt¥ Zoning Or&nance (CZO)re allowing Publtc or Prtvate Colleges or Untverstttes a~ pet mttted prlnctpal uscs tn the B-2 B-3 B-3A and B-4 Business Dtstrtct~ the f/ottng lO-O(ByConsenO Counctl Members Voting Aye Margaret L Eure Vtce Mayor Louts R dones Reba S McClanan Rtchard A Maddox Mayor Meyera E Oberndorf dtm Reer~ Petc~ W Schmtdt Ron A Vtllanueva Rosemar3 Wtlson and ~lames L PVood Councd Members Voting Nay None Counctl Members Absent Harr5 E Dtezel Febntary 25 2003 1 REQUESTED BY COUNCILMEMBER MARGARET L EURE 2 A RESOLUTION REFERRING TO THE PLANNING 3 COMMISSION PROPOSED AMENDMENTS TO SECTIONS 4 105, 106, 107, 108, 221, 1405 AND 1605 OF THE 5 CITY ZONING ORDINANCE, PERTAINING TO WRITTEN 6 NOTICE AND POSTING OF SIGNS FOR REZONING AND 7 OTHER APPLICATIONS 8 9 10 11 12 13 14 15 16 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA There is hereby referred to the Planning Commission, for its consideration and recommendation, proposed amendments to Sections 105, 106, 107, 108, 221, 1405 and 1605 of the City Zoning Ordinance, pertaining to written notice and posting of signs for rezonlng and other applications A true copy of such proposed 17 18 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25th day of February, 2003 19 20 21 22 CA-8753 wmm\ordres \post slgnsres wpd R-1 February 10, 2003 1 REQUESTED BY COUNCILMEMBER MARGARET L EURE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE TO AMEND SECTIONS 105, 106, 107, 108, 221, 1405 AND 1605 OF THE CITY ZONING ORDINANCE, PERTAINING TO WRITTEN NOTICE AND POSTING OF SIGNS FOR REZONING AND OTHER APPLICATIONS Sections ~unended City Zoning Ordinance Sections 105, 106, 107, 108, 221, 1405 and 1605 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That Sections 105, 107, 108, 221, 1405 and 1605 of the City Zoning Ordinance are hereby amended and reordalned to read as follows Sec 105 Nonconformity (d) Enlargement or extension of nonconformity No nonconformIng use shall be increased in magnitude No nonconforming use shall be enlarged or extended to cover a greater land area than was occupied by the nonconformity on the effective date of this ordinance or amendment thereto No nonconforming use shall be moved in whole or in part to any other portion of the lot, parcel, or structure not occupied by the nonconformity on the effective date of this ordinance or amendment thereto, and no nonconforming structure shall be moved at all except to come into compliance with the terms of this ordinance No nonconformIng structure shall be enlarged, extended, reconstructed, or 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 structurally altered, if the effect is to increase the nonconformity As an exception to the above, any condition of development prohibited by this section may be permitted by resolution of the city council based upon its finding that the proposed condition is equally appropriate or more appropriate to the district than is the existing nonconformity City Council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance Applications for the enlargement, extension or relocation of a nonconforming use or structure shall be filed with the planning director The application shall be accompanied by a fee of one hundred twenty-five dollars ($125 00) to cover the cost of publication of notice of public hearing and processing Notice shall be glYen as provided by Sect~on 15 2-2204 of the Code of Virginia, provided, however, that written notice as Drescrlbed there~n shall be given at least fifteen (15) days prior to the hearlnq A sign shall be posted on the site in accordance with the requIrements of section 108 of this ordinance COMMENT The proposed amendment concerns notme of apphcatlons to enlarge, etc a nonconforming use to another use It would require written not~ce to adjacent property owners to be g~ven at least 15 days prior to the Council hearing at which the applacatlon is heard Such apphcatmns do not reqmre Planning Commission actmn (e) (1) Conversion of a nonconforming use to another use No nonconforming use shall be converted to another use which 2 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 does not conform to this ordinance except upon a resolution of the city council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use In the resolution authorizing such change, the city council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance When any nonconforming use is converted to another use, the new use and accompanying conditions of development shall conform to the provisions of this ordinance in each respect that the existing use conforms, and in any instance where the existing use does not conform to those provisions, the new use shall not be more deficient Any such use authorIzed by the c~ty council shall thereafter be subject to the provisions of th~s section and to any conditions or restrictions attached by the city council Applications for the conversion of a nonconforming use or structure shall be filed with the planning director The application shall be accompanIed by a fee of one hundred twenty-five dollars ($125 00) to cover the cost of publication of notice of public hearing and processing Notice shall be g~ven as provided by Section 15 2-2204 of the Code of 3 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 Vlrglnlat provided, however, that written notice as prescribed therein shall be qlven at least fifteen (15) days prior to the hearlnq A sign shall be posted on the site in accordance with the requirements of section 108 of this ordInance COMMENT The proposed amendment concerns notice of apphcatlons to convert a nonconforming use to another use It would reqmre written notice to adjacent property owners to be g~ven at least 15 days prior to the City Council hearing at which the apphcaUon is heard Such apphcatmns do not require Planning Commission action Sec 106 Appeals and varxances (a) The board of zoning appeals shall hear and decide appeals from any order, requirement, decision, or determination made by an administrative officer in the administration or enforcement of this ordinance An appeal shall be f~led with the zoning administrator, and include the grounds of appeal, within thirty (30) days of the date of the decision appealed, unless the notice of violation involves temporary or seasonal commercial uses, parking of commercial trucks in residential zoning distrIcts, or s~milar short-term recurring v~olatlons, in which case the appeal period is ten (10) days from the date of the notice of violation Ail decisions not timely appealed shall be f~nal and unappealable In addition thereto, the board shall have such other powers and duties as are set forth in Section 15 2-2309 of the Code of V~rgin~a, 102 103 104 105 106 107 108 109 110 111 provided, however, and decide further, that the board shall have no authority to hear applications for conditional use permits, and provided that written notice as prescribed in Section 15 2-2204 of of Virqinia shall be given at least fifteen (15) days the hearing before the board the Code prior to COMMENT The proposed amendment concerns notice of applications of matters coming before the Board of Zomng Appeals It would reqmre written notice to ad.lacent property owners to be given at least 15 days prior to the Board hearing at which the application is heard 112 113 114 115 116 117 118 119 120 121 122 123 124 Sec 107 Amendments (c) making any comrRl$slon forth in provided, be given at least Planning commission action, not~ce of hearing Before recommendation on a proposed amendment, the planning shall give notice of a public hearing thereon, as set Section 15 2-2204 of the Code of V~rg~nla, as amended~ however, that written notice as prescribed therein shall fifteen (15) days prior to the hearlnq COMMENT The proposed amendment requires written notice of rezomng applications and amendments to the City Zoning Ordinance and Zoning Map to be g~ven to adjacent property owners and certain other persons at least 15 days prior to the public hearing before the Planning Commission 5 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 Sec 108 Postlng of signs relatlng to applications for rezon~ng, eto (a) In any case in which a property owner or other authorized person petitions the city council for the approval of any application seeking a rezonlng, conditional use permit, approval of a PD-H1 or PD-H2 land use plan, resolution pertaIning to a nonconforming use or structure, subdIvision or floodplain variance or reconsideration of conditions, the applicant shall erect, on the property which is the subject of the application, a sign of a size, type and lettering approved by the planning director One such sign shall be posted within ten (10) feet of every public street ad3olnlng the property or in such alternate location or locations as may be prescribed by the planning director Such sign shall be erected not less than ~ thirty (30) days before the planning commission hearing, or if none, the city council hearing, and shall state the nature of the application and date and time of the hearing Such s~gns may not be removed until the c~ty council has acted upon the application, and shall be removed no later than five (5) days thereafter In any case in which the planning commission or city council determines that the requirements of this section have not been met, the application provided, however, that the city council appropriate reason, deny such application (b) sub3ect shall be deferred, may, for any other ApplicatIons before the board of zoning appeals shall be to the requirements of subsection (a) hereof Any 6 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 application in which such requirements have not been met may be deferred or denied by the board COMMENT The proposed amendment reqmres s~gns containing mformat~on about planning items to be posted 30, rather than 15, days, prior to the meeting at whgch the subject appbcat~on is to be heard Sec 221 Procedural requirements and general conditional uses standards for (d) Action by the plannxng commission After receiving the report of the director, with all pertInent related material, the planning commission shall give notice of and hold a public hearing in accordance w~th applicable provisions of V~rg~nla Code Section 15 2-2204, provided, however, that written notice as prescribed therein shall be qlven at least fifteen (15) days prior to the hearlnq Within forty-five (45) days after the hearing, the commission shall submit its recommendations to the city council through the planning director, provided, however, that upon mutual agreement between be extended the commission and the applicant, such time may COMMENT The proposed amendment requires wmtten notice of conditional use permit appbcatlons to be given to adjacent property owners and certain other persons at least 15 days prior to the public hearing before the Planning Commission 7 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 (h) Revocation of conditional use permit If the provxslons of this ordinance or the requirements of the conditional use permit are not met, the c~ty council may revoke the conditional use permit after notice and hearing as provided by Virginia Code Section 15 2-2204, provided, however, that written not~ce as prescribed therein shall be qlven at least fifteen (15) days prior to the hearlnq COMMENT The proposed amendment reqmres written not~ce of revocations of conditional use permit apphcat~ons to be given to adjacent property owners and certain other persons at least 15 days prior to the public hearing before the C~ty Council Sec 1405 Not application, appllcatzon the owner question, Publxc hearxng procedure on permxt applxcat~ons [wetlands pe~lt applications] later than sixty (60) days after receipt of a complete The applicant, the city council, of record of any land ad3acent to known the Wetlands Board shall hold a public hearing on such the commlssloner~ the wetlands in claimants of water r~ghts in or ad3acent to the wetlands in question, the Virginia Institute of Marine Science, the Department of Game and Inland Fisheries, the Virginia Water Control Board, the Department of Transportation and any governmental agencies hearing (2O) expressing an ~nterest therein shall be notified of the The Board shall mall such notices not less than twenty days prior to the date set for the hearing The Board shall 8 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 also cause notice of the hearing week for two (2) weeks prior to such hearing in general circulation in the City of Virginia Beach to be published at least once a a newspaper of The publIshed notice shall state that copies of the applmcatmon may be examined xn the plannxng department The costs of such publication shall be paid by the applicant The applicant shall also erect, on the property which is the subject of the hearing, a sign of a s~ze, type and lettering approved by the board One such sign shall be posted within ten (10) feet of every public street adjoining the property, and within ten (10) less than five hundred (500) such alternate location or planning dzrector Such feet of any body of water or waterway feet wmde ad3olnlng the property or zn locations as may be prescribed by the sign shall be erected not less than ~f~ th~rtv (30) days before the Wetlands Board hearing and shall state the nature of the applicatIon and date and time of the hearing Such signs thereafter In any that the requirements of th~s section application shall be deferred or denied COMMENT The proposed amendment requires signs contalmng m~rmatJon about apphcatlons ~r wetlands permats to be posted 30, rather than 15, days he.re the pubhc hearing be~re the Wetlands Board shall be removed no later than five (5) days case in which the Wetlands Board determInes have not been met, the 9 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 Sec 1605 Not later application, application record of question, Public hearing procedure on permit applications [coastal primary sand dune permit applzcat~ons] than sixty (60) days after receipt of a complete the Wetlands Board shall hold a public hearing on the The applicant, any land adjacent the Virginia Institute of Marine Science, clty councll, cor~ralSSloner, owner of to the coastal primary sand dunes in the Department of Game and Inland Fisheries, the State Water Control Board, the Department of Transportation and any governmental agency expressing an interest in the application shall be notified of the hearing The Board shall mall these notices not less than twenty (20) days prior to the date set for the hearing The Board shall also cause notice (2) weeks prior circulation publication also erect, of the hearing to be published at least once a week for two to such hearing in the newspaper having a general in the City of Virginia Beach The costs of shall be paid by the applicant The applicant shall on the property which is the sub]ect of the hearing, a sign of a size, type and lettering approved by the board One such sign shall be posted within ten (10) feet of every public street ad3olnlng the property, and within ten (10) feet of any body of water or waterway less than f~ve hundred (500) feet wide ad3olnlng the property or in such alternate location or locations as may be prescribed by the planning director Such sign shall be erected not less than ~ thirty (30) days before the Wetlands Board hearing and shall state the nature of the application and 10 250 251 252 253 254 255 256 257 258 259 260 261 262 date and time of the hearing than five (5) days thereafter Board determines that the been met, the application requIrements of this section shall be deferred or denied COMMENT Such signs shall be removed no later In any case in which the Wetlands have not The proposed amendment requires signs containing information about apphcatlons for coastal primary sand dune permits to be posted 30, rather than 15, days before the pubhc hearing before the Wetlands Board BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That thzs Ordznance shall not apply to any application, otherwzse subject to the provisIons hereof, filed przor to the date of adoption of this Ordinance 263 Adopted by the Council of the City of Virginia Beach, 264 VIrgInia, on the day of , 2003 CA-8753 wmm\ordres \post s lgnordlnwpd February 10, 2003 R-2 Approved as to Contents Planning Department Approved as to legal Sufficiency y Attorney's OfffSe 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO SECTION 901 OF THE CITY ZONING ORDINANCE ALLOWING PUBLIC OR PRIVATE COLLEGES AND UNIVERSITIES AS PERMITTED PRINCIPAL USES IN THE B-2, B-3, B-3A AND B-4 BUSINESS DISTRICTS WHEREAS, the public necessity, convenzence, general welfare and good zoning practice so require, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA There is hereby referred to the Planning Commission, for its consideration and recommendatIon, proposed amendments to Section 901 of the City Zoning Ordinance allowing public or private colleges and universities as permitted principal uses in the B-2, B-3, B-3A and B-4 Business Districts A true copy of such proposed amendments is hereto attached 19 20 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25th day of February , 2003 21 22 23 24 CA-8751 wmm%ordres %collegesres wpd R-1 February 3, 2003 25 26 27 28 Approved as to Content Plannlng~r~ment Approved as to Legal City Attorney's Office 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE TO INCLUDE PUBLIC OR PRIVATE COLLEGES AND UNIVERSITIES AS PERMITTED PRINCIPAL USES IN THE B-2, B-3, B-3A AND B-4 BUSINESS DISTRICTS Sectmon Amended Sectmon 901 Cmty Zonmng Ordmnance ARTICLE 9 BUSINESS DISTRICTS Sec lists Districts 901 Use regulations (a} Principal and condltmonal uses The followmng chart those uses permitted wlthmn the B-1 through B-4 Bus~ness Those uses and structures mn the respectmve business dmstrmcts shall be permmtted as either prlncmpal uses mndlcated by a "P" or as condmtmonal uses mndmcated by a "C" Uses and structures mndmcated by an "X" shall be prohmbmted mn the respective districts No uses or structures other than as specmfmed shall be permmtted Use B-1 B-IA B-2 B-3 B-3A B-4 Colleces and uni- versities, public or private x x _~ k £ COMMENT The amendment allows pubhc or private collei~es and umversltles as permlttetl principal uses the B-2, B~3, B-3A and B-4 Business DEstncts 28 Approved as to Content Plannznq~par tment Approved as to Legal Suffzclency City Attorney's Office CA-8727 wmm\ordres \collegesordzn wpd February 3, 2003 R-2 Item V-H 7 a -41 - ORDINANCES/RESOLUTIONS ITEM# 50820 Upon motton b) Vtce Mayor Jones seconded by £ ounctbnan Reeve Cto, Councd,4DOPTED Ordtnance to ,4 UTHOR1ZE tetnporarv encroachment tnto Ctty o**ned propertte~ a JULlOandDEBBIECABRALteconstructtngandmatntatntng apttvate pter tnto Bass Inlet East at 2845 Sandptper Road (DISTRICT 7 PRINCESS ANNE) The followtng condtttons shall be requtred The temporao~ encroachment shall be constructed and matntatned tn accordance ~ tth the law, oJ the Commom~ealth of Vtrgtma and the City of Vtrgmla Beach and tn accordance uith the Ct0 s spectficattons and approval as to *tze ahgnment and locatton The tetnporary enct oachtnent *hall termtnate upon notice by the Ctty to the Grantee attd withtn thtrt¥ (30) days after such nottct t* gtven the tetnporatT encroachment must be removed fi otn the em roach~nent area by tht Grantee and the Grantee wdl bear all costs attd e,.penses of such temoval The Grantee shall mdemmfi; and hold harmless the Clt) tts agents and employee~ from and against all clatms damages lo*ses attd erpenses mcludmg reasonable attotnev ~ fee* tn case tt *hall be necessar~ to file ot defend an action arlstng out of the Iocatton or e~lslence of the tempo~ ary enc~ oachment Nothtng heretn contamed shall be construed to enlarge the permt Ysion and authority to permtt thc matnt~.nance or constructton oJ an), enctoachment other than that spectfied herein and to the limited extent specified hereto nor to permtt the maintenance and constt action of any enctoachment b) anyone other than the Grantet 5 The Grantee agrees lo mattttaln the temporar), encroachment 30 as not to become uns~ghdy or a hazard 6 The Grantee must obtain a pertmt from the Office ofDe~ elopment Servtces Center/Plannmg Department prtor to commencing any construction wtthin the eno octchment area 7 The Grantee must obtain att approvcdjomt pernat apphcatton from the Waterfront Operattons Dtviston of the Planmng Department before commenctng am 6on31rucllOn wtthtn the encroachmenl area Februar~ 25 2003 42 Item V-H 7 a ORDINANCES/RESOLUTIONS ITEM # 50820 (Continued) 8 The Grantee shall obtatn and keep m force all risk propert~ insurance and general hab~llt), or such insurance as ts deemed necessary bi, the Citl, attd all insurance pohctea tnust name the Cit) as additional named insured or los* payee as apphcable The Grantee must also carry ¢omprehenstve genel al liability tnsutance tn an atnotitit riot less than Five Hundred Thousand Dollar~ ($500 000) combined ~tngle llmlts of such msurance pohcy or pohctes The Gt antee must provtde endo~ ~ement~ providing at least tlut t~ (30) da} ~ w~ ltten notice lo the CtW prtor to the cancellation or ret ruination of or material change to any oJ the insurance pohrles The G~antee tt~sutne~ all responstbdtties and habdtties *eqed ott onttngent ~tith relation to the t emporar~ enct oat hment 9 The applicant must submit for review and appro~ al a survel lot the encroachment at ea cerltfied by a regtstered profeastonal engineer o~ a hcen*ed landsur~eyot and/or a~ budt plans ofth~ Temporar~ Encroachment sealed b~ a registered professional engineer t~ required by either the CiO Engineer s Office or iht Engineering Dim Yton of the Public Utthttes Department 10 The City upon revocation of such authort0 and permission so granted ma) remove the tetnporarv encroachment and charge the coM thereof to the Grantee and collect the ~ost tn ani manner provided by law for lhe coHection oflocal or state tare~ mav reqmre the Grantee to remove such tetnporar) encroachment ottd pending such ~emoval the Cio may charge the Granter. lot usc o! the eno oachment area the equivalent of *t hat ** ould be the l eal property ta~ upon the land so occupied if it ~ete owned by the Grantee and if such removal shall not be made within the lime ~pectfied by the Ctll the Clti, shall impose a penalty tn the sum oJ One Hundted Dollars ($100 00) per day for each and ~ very daI that ~uch tetnporary encroachment ts allowed to continue thereof ret and ~hall collect sltch compensation and penaltle~ tn ani, mannel provided by law fot the collection of local or state trees Voting 10-0 (By ConsenO Council Members Voting A) e Margaret L Eure Vice MayorLouls R Jones Reba S McClanan Richatd A Maddox Mayor Meyoa E Oberndo~f Jim Reeve Peter W Schmidt Ron A Vdlanueva Rosemary Wilson and James L Wood Councd Members Voting Nay None Council Members Absent Harry E Dlezel Ftbtuary 25 2003 1 2 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 2O 21 22 23 24 25 26 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S PROPERTY KNOWN AS BASS INLET EAST BY JULIO CABRAL AND DEBBIE CABRAL, THEIR HEIRS ASSIGNS AND SUCCESSORS IN TITLE WHEREAS JULIO CABRAL AND DEBBIE CABRAL demre to construct and maintain a p~er and access upon the C~tys property located at Bass Inlet East ~n Sandbndge Beach WHEREAS C~ty Councd ~s authorized pursuant to §§ 15 2-2009 and 15 2- 2107, Code of V~rg~nla, 1950 as amended to authorize a temporary encroachment upon the City s property subject to such terms and conditions as Councd may prescribe NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA That pursuant to the authority and to the extent thereof contained in §§ 15 2- 2009 and 15 2-2107, Code of V~rgm~a 1950, as amended, JULIO CABRAL and DEBBIE CABRAL, their he~rs, assigns and successors ~n t~tle are authorized to construct and maintain a temporary encroachment for a p,er and access upon the C~ty s property as shown on that certain plat entitled PROPOSED PIER IN NORTH BAY (SANDBRIDGE) VIRGINIA BEACH, VA APPLICANT JULIO CABRAL' last rews~ondate 10/4/02, a copy of which ~s on file ~n the Department of Public Works and to which reference ~s made for a more particular description and 27 28 29 30 32 33 BE IT FURTHER ORDAINED, that the C~ty Manager or h~s authonzed designee ~s hereby authonzed to execute the Agreement and BE IT FURTHER ORDAINED, that th~s Ordinance shall not be ,n effect unbl such t~me as Jul~o Cabral and Debb~e Cabral and the C~ty Manager or h~s authorized designee execute the Agreement Adopted by the Council of the City of V~rg~ma Beach, Virg~ma on the 25th day of ~-,~h,-,,.,-... ,2003 34 35 36 38 39 40 41 42 43 44 45 CA PREPARED January 7 2003 H \WP8\KENNEDY1ENCS\cabral ord wpd A~PROVED AS TO CONTENTS SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND/--~RM - CITY ~TT~RNEY Item V-H 7 b - 43 ORDIN/INCES/RESOLUTIONS ITEM# 50821 Upon motion bv Vice Mayot dones seconded by Councdman Reeve City Counctl ADOPTED O~d.tance to .4UTHORIZE temporat3 encroachment into City owned properties b GST EXPEMPTION TRUST re constructing and maintaining a prl* ate pter hft and ramp tnto Lake doyce at 4469 Blacl. beard Road (DISTRJCT ~ - CENTER ;?LLE) (DISTRICT 4 - BA YS1DE) The follovt tng conditions shall be ~ equtred The temporar) encroachment shall be constructed and maintained accordanre with the laws of the Common~* ealth of Virginia attd the City of Vtrgtma Beach and in accordance **tth the Cttv s specifications attd appro~ al as to ~tze ahgnmenl and location The ternporary encroachment shall ter~mnate upon notice b) the Crt3 to the Grantee and within thtrty (30) da*s after such notice ts gtven the temporary enct oachmenl must be ~ emovedJrom the encroachment area by the Grantee and the Grantee will bear all costs and erpenses of such removal The Grantee shall ~ndemnt)5, and hold harmless the Cttj. tis agents and employees from and against all claims damages losses and expen~e~ including reasonable atlorne) 's fees tn case ~t shall be neces*ar3 to file ot defend an action atoning out of the location or e~:lstence of the te~nporary encroa~ hmenl Nothing herein contatned shall be construed to enlarg~ the per~ntsston and authortO, to per.ut the maintenance ot construction of arty encroachment other than thal specified hereto and to the hmtted e,:tent ~p~ctfied herein no~ to pelmtl the maintenance attd consD uctton of an)~ eric! oachment by an) one other than the Grantee The Grantee agrees to maintain the temporat3 encroachment so as not to become un~tghtlv or a hazard The Grantee must obtain a permit from the Office of De*elopmenl ~e;q21ce$ Cente~/Planmng Department prior to comtnenctng an), COHSD uctlon within the encroachment area P~tor lo issuance ora right of-way permtt the apphcant must post sut eltes tn accordance with the project engtneer 3 cost esttmale to the Office of Development Services Ceuter/Plantang Depattment February 25 2003 44- Item V-H 7 b ORDINANCES/RESOLUTIONS ITEM # 50821 (Conttnued) 8 The Grantee shah obtatn and keep tn force all rtsk propel tv tnsurance and general habdttv or such insurance as ts deemed net easary by the Ctty and all insurance pohctes must name the Ctty ar addtttonal named Insured or loss payee as apphcable The Glantee must also carrT comprehenstve general ]labtllt~ Inaurance tlr an amount not less than Frye Hundred Thousand Dollal s ($500 000) combined single [tmtts of such tnaul ance polt0 or poltctes The Grantee muM provtde endorsements provtdmg at least thtri¥ (30) da)a' wi ttten nottce to the Ctty prtor to the canceHatton or tel mmatton of or matertal change to att), of the tnsarance pohcte~ Tlu. Grantee aa~umes all leaponatbtllttes and Itabtltltes vested or conllngent wtlh relatton lo the temporary encroat hment 9 The apphcant must submtt for revtew and approval a surve9 roi the encroachment area certtfied bl, a regtstered professtonal engtneel or a hcenaed landsurve)ot and/or as butlt plans of the Temporary Encroachment sealed by a regtatered proJeaamnal engineer If requtred b~ etther the Crt) Engtneel a Office ol the Engineering Dtvlston of the Publtc Utthttes Department 10 The Cttl~ upon ~evocatton of such autho*tt) and petmtaslonso granted ma) remo*e the temporary encroachment and charge the cost thereof to the Grantee and collect the coat tlr att) manner pt ovtded by law for the collectton of local or state tares may i equtre the Grantee to temove such temporary encroachment attd pending ~uch removal the Ctt~ ma) charge the Grantee fol use of the encl oat hment area the equtvalent oJ what ~ ould be the real proper0 tar upon the land so occupted tf lt were owned b~ the Grantee and tf such removal shall not be made ~*tlhln the time spectfied by the Ctt~ the Crt3 a hall tmpose a penally tn the sum of One Hunth ed Dollars ($100 00) per day roi each and every day that au~h temporary encroat hment ts allowed to contmae thereafter and shall t ollect a uch compensatton and penalttes tn an), manner prm tded b) law for the coHectton of local or state tare~ t/otmg 10 0 (By ConsenO Count tl Members Voting Aye Margaret L Ewe Vtce Mayor Louts R donea Reba S McClanan Richard Maddor Mayor Mevera E Oberndorf dtm Reeve Peter W Schmtdt Ron g Vtllanueva Rosemar~ Wtlaon and damea L Wood Counrtl Members Vottng Nay Counrtl Members Abaent Hairy E Dtezel Febluary25 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Requested by Department of Pubhc Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF LAKE JOYCE BY THE GST EXEMPTION TRUST, ITS, HEIRS, ASS1GNS AND SUCCESSORS IN TITLE WHEREAS, THE GST EXEMPTION TRUST destres to consu-uct and mamtmn an ex~st~ng pier, proposed p~er, hfi, and ramp ~nto a pomon Lake Joyce WHEREAS, C~ty Cotmcfl ~s authorized pursuant to §§ 15 2-2009 and 15 2- 2107, Code of V~rgtma, 1950, as amended, to authorize tempormy encroachments upon the C~ty's right-of-way subject to such terms and conditions as Cotmcfl may prescribe NOW, THEREFORE BE IT ORDA1NED BY THE COUNCIL OF THE CITY OF VIRG1NIA BEACH, VIRGINIA That pursuant to the authority and to the extent thereof contained ~n §§ 15 2- 2009 and 15 2-2107, Code of Vtrgtma, 1950, as amended THE GST EXEMPTION TRUST, ~ts, assigns and successors m ntle are authorized to construct and mamtmn a proposed p~er, hft, and ramp into a pomon of Lake Joyce located at the rear of 4469 Blackbeard Road, Section 1, Lot 28, Block 1, Baylake Pines as shown on the map entitled 'PROPOSED PIEIL LIFT & RAMP IN LAKE JOYCE AT 4469 BLACKBEARD ROAD VIRGINIA BEACH, VA 23455 APPLICATION BY GST EXEMPTION TRUST SHEET I OF 1 DATE FEBRUARY 12, 2002" a copy of which m on file m the Department of Public Works and to wtuch reference ~s made for a more pamcular description, and 23 24 25 26 27 28 29 3O 31 32 33 BE IT FURTHER ORDAINED, that the 'temporary encroachments are expressly subject to those terms, con&nons and criteria contained ~n the Agreement between the C~ty of Vxrgm~a Beach and THE GST EXEMPTION TRUST, (the "Agreement") wbach ~s attached hereto and incorporated by reference, and BE IT FURTHER ORDAINED that the C,ty Manager or bas authorized designee ~s hereby authorized to execute the Agreement BE IT FURTHER ORDAINED, that tbas Ordinance shall not be tn effect until such nme as THE GST EXEMPTION TRUST and the C~ty Manager or bas authorized demgnee execute the Agreement Adopted by the Cotmcd of the C~ty of V~rg~ma Beach, V~rg~ma, on the2 5th day of February , 2003 34 35 CA-~ PREPARED January 27 2003 APPR~/~ED AS TO CONTENTS ~' SIGNATURE DEPARTMENT APPROVED AS TO LEGAL CITY ATTORNEY 2 Item ~-H 7 c 45 ORDINANCES/RESOLUTIONS ITEM # 50822 Upon moUon b); Vice Mai or Jones seconded by Councd~nan Reeve Cio Councd ADOPTED Ordinance to AUTHORIZE tempora~ encroachment into Ctt}-o~*ned properties MICHAEL T and P4TRICI4 B DUNHAM re constructing and mamtalmng a prtvate pier and hft into Crab 0 eek at 2078 Taze~,ell Road (DISTRICT 4 BA YS1DE) The followtag condlttons shall be required The temporat'v enctoachment shall be constructed and mamtamed itt accordance }*lth the laws of the Commonwealth of Vogmta and the City of Virginia Beach attd tn accordance with the Ctt3 s specific attons and approval as to size alignment and [oration 2 The temporary encroachment shall termmate upon notice b); the City to the Grantee and within thtrt); (30) days afiet ~urh notice ts given the temporary encroachment must be removed from the enct oar hment area b~ the Grantee and the Grantee ~4 ill bear all costs and expenses of such removal 3 The Grantee shall mdemmfy and hold harmless the Cra, ~ts agents and emplol ees from attd against all claims damage~ losses and expen6es mcladmg reasonable attorne);'s tees itt case tt shall be neces ~ary to file or defend an action at tsmg out of the location ot existence of the lemporat) encroachment 4 Nothing her ein contatned sha[l be constt tied to enlarge the pertmsston and attthortt) to permit the maintenance or tonAlrttctlon of att); encroachment other than that specified herein and to the l.nlted e,ztent specified herein ~tor to permit thc maintenance and construction of aay encroachment by att);one other than the Gtantee 5 The Grantee agrees to maintain the letnporar~ encroachment so as not to become unsightly, or a bazar d The Grantee must obtain a permit from the Office of Development Set'vices Center~Planning Departtnent prior to commencing an), construction }~ tthm the encroachment area Prior to issuance of a right-of-way permit the apphcant tnusl post s ureties tn accordam e with theprodect engineer s ~ os t estimate to the Office of Development Seth ices Center~Planning Department Februat~ 25 2003 Item V-H 7 c ORDINANCES/RESOLUTIONS 46- ITEM # 50822 (Conttnued) 9 The Grantee shall obtam and keep tn force all t lsk propet tv insurance and general hablht~ ot such tnaurance a~ ts deemed necessar~ bv the Ctty and all insurance poltcles mast name thc Ct0 as addttlonal named tnsut ed ot los~ payee as apphcable The Grantee mu~t also carat comprehenstve general ltabdtl~ insurance tn an amount not less lhan Flve Hundted Thousand Dollars ($500000) combmed smgle h mtts of such tnsurance poltcy or pohctea Thc Grantee must provtde endorsements pt ovtdmg at lea~t thtrO, (30) da) ~ ' ~ t tttt n notice to the CtO, pmor to the cancellatton or lermmatton of or mater iai change to any of the insurance pohctes The Grantee a~sume* all re,pon*tbtlittes attd ltabdlltes vested ot contingent wtth relatton to the temporat3 enctoachment The City upon revocatton of such aathortty and petmlsslon so granted may remo*e the tetnporary encroachment and charge the cost thereof to the Grantee and collect the cost itt any manner provtded by law for the collectton oflocal or ~tate taxes mav requtre the Grantee to remove such temporar~ encroachmenl and pending such removal the Cctv may charge the Grantee for use off the enct oachment area the equn alent o/ what *$ oald be the t t al property tax upon the land so occupied tf tt wete owned b~ the Grantee and tf such retnoval shall not be made ~*tthin the time specified b) the CtoJ lhe Crt) ~hall tmpose a penalO tn the sum oJ One Hundred Dollars ($100 00) pet day Jor each and ever) da), that such temporary encroachment ts allowed to continue thereafter and shall collect such compenaatton and penalties in an9 manner pro* tded by law for the collectton of local or state taxes Vottng 10 0 (By ConsenO Counctl Member$ l/ottng ~lye Margaret L Eut e Vtce Mm or Louts R Jones Reba S McClanan Richard A Maddo¥ Mayor Meyera E Oberndorf Jtm Reeve Peter W Schmtdt Ron A Vlllanueva Rosemary Wdson and James L Wood Council Members Voting Nay None Counctl Members Absent Hat ry E Dlezel F~ bruarv 25 200 ~ 2 3 4 5 6 7 8 9 10 11 12 13 14 I5 16 17 18 19 20 21 22 23 24 25 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY AT 2078 TAZEWELL ROAD BY MICHAEL T DUNHAM AND PATRICIA B DUNHAM, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Michael T Dunham and Patrlcla B Dunham, husband and wife, desire to construct and malntazn a pier and boat lift into the City's rights-of-way located a~ the rear of 2078 Tazewell Road on the Lynnhaven Promenade WHEREAS, Czty Council is authorized pursuant to ~§ 15 2- 2009 and 15 2-2107, Code of VIrginia, 1950, as authorize a temporary encroachments upon the Czty's sub3ect to such terms NOW, amended, to r~ght-of-way and conditions as Council may prescribe THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That pursuant to the authority and to the extent thereof contained in ~ 15 2-2009 and 15 2-2107, Code of Virginia, 1950, as amended Michael T Dunham and Patrlcla B Dunham, ass,gns and successors in title are authorIzed to construct and maintain a temporary encroachment for a p~er and boat l~ft in the City's rIght-of-way as shown on the map entitled "PROPOSED PIERS & BOAT LIFT IN CRAB CREEK VIRGINIA BEACH, VA APPLICANT MIKE DUNH~M 4/15/02", a copy of which is on file in the Department of Public 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Works and to whmch reference ts made for a more particular description, and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly sub3ect to those terms, cond!tmoms a~d criteria contamned mn the Agreement between the City of Vzrglnma Beach and Michael T Dunham and Patrmcza B Dunham, (the "Agreement") whmch is attached hereto and mncorporated by reference, and BE IT FURTHER ORDAINED that the C~ty Manaqer or h~s authormzed desmgnee ~s hereby authormzed to execute the Agreement BE IT 5URTHER ORDAINED, that this Ordinance shall not be mn effect untml such tmme as Michael T Dunham and Patrlc~a B Dunham and the City Manager or hms authormzed designee execute the Agreement Adopted by the Council of the Cmty of V~rglnla Beach, Vmrg~nma, on the 25th day of February , 2003 41 42 43 45 46 47 48 49 50 51 CA-~ gsalmons/dunham/ord R1 PREPARED 01 28 03 DEPART~NT 2 -47 Item V-H 7 d ORDINANCES/RESOLUTIONS ITEM # 50823 Upon motron bv Vtce Mayor Jones seconded by Councdman Reeve Ctty Councd ADOPTED Otdtnance to AUTHORIZE temporarF encroachment tnto Crt¥-ov[ned proper ties d MICHAEL and LUCILLE BROgFN re constructtng and matntarntng a brtckpatto chtnmey concrete block/**oodfence andshedat 4500 Pleasm e Avenue (DISTRICT 4 - BA YS1DE) The followtng condrttons shall be t equtred The temporary encroachmenl shah be constructed and maintained tn accordance }ttth the lawx of the Commonwealth of Vtrgmta and the Ctty of Vtrgtnta Beach and m accordance wtth the Cttv s spectfit attons and approval as lo stze ahgnment and lot alton 2 The tetnporary encroachment shall terminate upon nottct by the Ctty to the Grantee and wtthtn thtro, (30) days after such nottce ts gt~ en lhe letnpora~y encroachment must be remor cd from thc cncroachmenl area bl the Grantee and the Grantee v~tll bear all costs and erpcnses of such temoval 3 The Grantee shall tndemmfy and hold harmless the Crt~ tis agents and employees from and agatnst all clarms damages losses and expenses tncludtng reasonable attorney's fees tn ca~e tt ~hall be necesxarl to file or defend an actton artstng out of#re locatton or ettstence of the tetnporary encroachment 4 Nothing hereto c ontamed shall be consO ued to enlarge the permts tton and authority to permtt the matntenance or conslruclton of an~, enctoachment othet than that specified hetem and to the hmtted extent spectfied hetetn nor to permtt the maintenance and constructton of any encroachtnent b~, amone other than the Grantee 5 The Grantee agrees to matntatn the temporary encroachment so as trot to become unstghtly or a hazard The Gtantee s hall obtam attd keep tn force all rrsk propet O msurance and genet al habthty or such tnsutance as ts deemed net essar~ by the Ctty and ail tnsurance pohctes must name the Ctt~ a~ addtttonal named tnsured or lo~s payee as apphcable The Grantee must also carry ~ omprehena rye general habdtt) tnsurance tn att amount not less than Frye Hundred Thousand Dollar~ ($500 000) combined single hmtts of such tnsurance pohcy or pohctes The Grantee nmst provtde endorsements provtdmg at least thtrlv (30) days ' wrttten nottce to the Ctty prtor to the cancellatton or termmatton of or malet tal change to arty of the tnturance pohctes Thc Grantee assumev aH responstbthttes and habthttes vested or contingent wtth relatton to the tetnpot ary encroachment February25 2003 Item V-H 7 d ORDINANCES/RESOLUTIONS 48 ITEM # 50823 (Conttnued) 8 77re Crt) upon revocatton of such authortt) and pe~mt~ston so granted may remove the temporam encroachment and charge the cost thereof to the Grantee and collect the cost tn att) manner pt ovtded b¥ [a~t for the colleclton of local ot state taxe~ ma~ requtre the Grantee to remove ~uch tempo~at3, enctoachtnent attd pendtng such ttmoval the Ctt'~ ma3, charge the Grantee Jot use of the encroa~ hment area the equt~ alent of what would be the real propertx tax upon the [and so oc~ upted tJ tt v* ere o~* ned bv the G~ aale~ and ~f such remo* al shall not be made ~t tthtn the time spectJted b) the Cttv the CtQ, shall tmpose a penalO tn the sum of One Hundred Dollars ($100 00) per day Jot each and every da~ that sach temporary encroachment ts allo**ed to conttnue thereafte~ and ~hall rollect such comp~ nsatton and penalttes tn any manne~ pt ovtded by lay. for the collectton of local or ~tate tarts Voting 10 0 (By ConsenO Counctl Members 1/ottng Aye 3,Iargaret L Eute Vtcc Mayor Lout~ R Jones Reba S McClanan Rtchard,4 Maddox Masor Meyera E Obe~ndorf ,]tnt Reeve Peter W Schmtdt Ron A Vtllanueva Ros,mary I~d~on and dames L t~/ood Counctl Member~ Vottng Nay None Counctl Member~ Absent Ha~rv E Dtezel Februar) 25 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Requested by Department of Public Works AN ORDINANfE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY OF SEAVIEW AVENUE AND LAUDERDALE AVENUE BY MICHAEL O BROWN AND LUCILLE P BROWN, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Michael D Brown and Lucllle P Brown, husband and wife, desire to maintain a brick patio, shed,concrete block/wood fence, and chimney into the City's r~ght-of-way located at 4500 Pleasure Avenue WHEREAS, City Council is authorized pursudnt to ~ 15 2- 2009 and 15 2-2107, Code of VirginIa, 1950, as amended, to authorize a temporary encroachments upon the C:ty's rIght-of-ways sub3ect to such terms and conditions as Council may prescribe NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That pursuant to the authority and to ~be extent thereof contained in §§ ~5 2-2009 and 15 2-2107, Code of Virginia, 1950, as amended Michael D Brown and Lucllle P Brown, assigns and successors ~n title are authorized to maintain a temporary encroachment in the City's r~ght-of-ways as shown on the map entitled "PROPOSED ENCROACHMENT FOR MICHAEL AND LUCILLE BROWN TO CONSTRUCT AND MAINTAIN PATIO, CHIMNEY, SHED, AND CONCRETE BLOCK/WOOD FENCE", a copy of which is on f~le ~n ~he Department of 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 Public Works and to which reference zs made for a more particular description, and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly sub3ect to those terms, conditions and criteria contained ~n the Agreement between the City of Virginia and M~chael D Brown and Lucllle P Brown, (the "Agreement") which is attached hereto and incorporated by reference, and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as M~chael D Brown and Lucllle P Brown and the Czty Manager or hzs authorized deszgnee execute the Agreement Adopted by the Counczl of the City of V~rglnza Beach, Vlrglnza, on the 25thday of February , 2003 41 42 43 44 45 46 47 48 49 50 CA-# gsalmGn$/brown/ord R1 PREPARE~ 01 30 03 A~ TO CONTENTS S I GNA~"g~E DEPART~NT APPROVED AS TO~J~GAL C iTY'-ATTOP~y~ 2 Item V-H 8 ORDINANCES/RESOL UTIONS 49- ITEM # 50824 Upon motton bi Vtce Max or Jones seconded by Counctlman Reeve Cttv Councd ADOPTED O~ dmance to ,4 CCEPT and ,4PPROPR1A TE $51 000 tn reco~ ered expens~ re a Consume~ Affatrs case settlement to the Commonwealth ,4ttorne) s Offic~ to ~ ep[ace lost Stale ~ evenue Voting 10-0 (By Consen0 Counctl Metnbe~ ~ Vottng Aye Margaret L Eure Vtce Mayor Louts R Jones Reba S McClanan Rtchard A Maddox Mayor Mevera E Oberndorf Jtm Reeve Peter W Schm~dt Ron A Vtllanueva Rosemary Wdson and Jamet L Wood Council Members Vottng Nay None Counctl Me~nbers Absent Ha~ry E Dtezel February 25 2003 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ORDINANCE TO ACCEPT AND APPROPRIATE $51,000 IN RECOVERED EXPENSES RELATED TO A CONSUMER AFFAIRS CASE SETTLEMENT TO REPLACE LOST STATE REVENUE IN THE COMMONWEALTH'S ATTORNEY'S OFFICE WHEREAS, the Commonwealth's Attorney's Office settled a recemved $51,000 reductzons case under the State Consumer ProtectloD Act, that can be used to offset state has and budget NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 1 That $51,000 in revenue from a legal settlement is hereby accepted and appropriated to the Commonwealth Attorney's FY 2002-03 Operating Budget to replace $51,000 of state revenue lost as a result of earlier state budget reductions 2 That $51,000 in state revenue is reduced from the FY 2002-03 Operating Budget to reflect state revenue reductions, and miscellaneous revenue is increased by $51,000 Adopted by the Council of the City of Vlrgznla Beach, %lrglnla, on the 25th day of F_~b/z]/ar_~v__, 2003 CA-8754 Ordln/Noncode/cwaord wpd R-1 - February 7, 2002 APPROVED AS TO CONTENT M~na g e-meh t Services / APPROVED AS TO LEGAL SUFFICIENCY Item I/-H 9 ORDINANCES/RESOLUTIONS - 5O ITEM tl 50825 Upon morton by Vtce Mayor Jones seconded bv Councdman Reeve Cay Councd ADOPTED Ordmance to ACCEPT and APPROPRIATE $20 000 flora the Federal Emergenc~, Management Agen0 (FEMA) to F.e Department s FY 2002-0; Operating Budget to recover expense of a Ct0 Employee deplo!;ed to asstst the Columbta mordent suppo~ t team Vottng 10-0 (By Consen0 Councd Member* Vottng Aye Margaret L Eure Vtce MaFor Louts R Jones Reba S McClanan Rtchard A Maddor Mayor Me) era E Oberndorf dtm Reeve Peter W gchmtdt Ron A Vdlanueva Rosemata, Wdson and dame~ L Wood Councd Members l/ottng Na), None Counctl Members Absent Harry E D~ezel Februar~ 25 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO APPROPRIATE $20,000 IN ANTICIPATED REVENUE FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE FIRE DEPARTMENT'S FY 2002-03 OPERATING BUDGET FOR DEPLOYMENT OF URBAN SEARCH AND RESCUE PERSONNEL TO THE COLUMBIA SHUTTLE DISASTER RECOVEPY WHEREAS, one member of the Federal Emergency Management Agency ("FEMA") Search and Rescue Team from the Virginia Beach Fire Oepartment has been actIvated for deployment to the Columbia Shuttle disaster recovery effort, and WHEREAS, under federal law and the agreement between FEMA and the City, costs incurred as a result of deployment are fully reimbursable from FEMA NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, Virginia That $20,000 in anticipated federal revenue from the Federal Emergency Management Agency is hereby appropriated to the Fire Departmeut's FY 2002-03 Operating Budget to fund a FEMA deployment to the Columbia Shuttle disaster recovery eifort, with federal revenue increased accordingly Adopted by the Council of the City of Virginia Beach, Virginia on the ~ day of F~6br-ua~y 2003 CA-8764 Ordln/Noncode/femashuttleord wpd R-1 - February 14, 2003 Approved as to Content Management Se~ Approved as to Legal Sufficiency Departmen~2''][]av}0/ Item V-H 10 51 ORDINANCES/RESOLUTIONS ITEM# 50826 Upon motton by ~ l£e Ma)or Jones seconded by Count tlman Reel e Ctt~ ('ouncl[ ADOPTED Ordinance to ACCEPT and APPROPRIATE an $8,932 Grant ./rom the Cttmmal Justtce Servtces re contractual clertcal support for the Paltce Dotnesttc Violence Untt Voting l O-O (By Consen0 Count tl M~ mbet s Voting Aye Margaret L Eure Vtce Mavo~ Louts R Jones Reba S McClanan Rtchard A Maddox Ma)Jot Me,,eta E Oberndorf Jtm Reeve Peter W Schmtdt Ron 4 Vtllanueva Rosemary Wdson and Jame~ L Wood Counctl Members Votmg Na) None Council Members Absent Harry E Dtezel Febtuarv25 2003 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO ACCEPT AND APPROPRIATE $8,932 IN GRANT FUNDING FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES FOR CONTRACTUAL CLERICAL SUPPORT FOR THE POLICE DOMESTIC VIOLENCE UNIT WHEREAS, the City of Virginia Beach Police Department has received an additional $8,932 in funds from the Virginia Department of Criminal Justice Services that may be used for the clerical needs of the Police Department's Domestic Violence unit NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That $8,932 in grant funds from the Virginia Department Of Criminal Justice Services is hereby accepted and appropriated to the Police Department's FY 2002-03 Operating Budget to be expended for the clerical needs of increased accordingly Adopted by the V~rg~nla on the 25th the Domestic Violence unit, with revenue Council of the City of day ofFebruary , 2003 Virginia Beach, CA-8760 Ord~n/Noncode/vst opord wpd R-2 February 14, 2003 MAa~n~iVed as to Content Approved as to Legal Su£flclency Law Departm~ Item V-H l l ORDINANCES/RESOLUTIONS - 52- ITEM # 50827 Upon motion b), Vice Mayor Jones seconded by Councilman Ree~ e (it) Council 4DOPTED Ordinance to APPROPRIATE $833 931 from the Tourtvm Adverttsmg program fund to the FY 2002 0 ~ Operating Budget of Conv~ ntlOn and Visitor Development roi eYpandotg their advertising ?rogtam~ and certain capital improvements at the Visitor~Information Center Voting 10 0 (By Consent) Council Members Voting Aye Margaret L Eure Vice Mayor Louts R dom ~ Reba S McClauan Richard A Maddor Mayor Mevera E Oberndorf Jim Reeve Peter W Schnudt Ron A l/dlanueva Rosemar~ Wilson arid James L Wood Council Memberv Voting Nay None ( ouncll Members Absent Hair) E Dtezel Febtuam 25 2003 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 AN ORDINANCE TO APPROPRIATE $833,931 FROM FUND BALANCE IN THE TOURISM ADVERTISING PROGRAM SPECIAL REVENUE FUND TO THE FY 2002-03 OPERATING BUDGET OF THE DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT TO EXPAND THE CITY'S TOURISM ADVERTISING PROGRAM AND TO PROVIDE I~MEDIATE ACCESS TO FUND IN C~SE OF EMERGENCIES WHEREAS, there is a sufficient amount of fund balance of the Tourism Advertising Program Special Revenue Fund to provide $833,931 to expand the tourism advertising program and provide access to funds for advertising purposes in case of emergencies NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That $833,931 is hereby appropriated from the fund balance in the Tourism Advertising Program Special Revenue Fund to the FY 2002-03 Operating Budget of the Department of Convention and Tourism for the purpose of expanding the City's tourism advertising efforts and providing immediate access to funds for advertising purposes in cases of emergencies, and estimated revenue is increased accordingly Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ d=w n~ February , 2003 25 Requires an affirmative vote by a ma3orlty of the members 26 of Clty Council CA-8756 Ordln/Noncode/tapaord wpd R-1 February 7, 2003 APPROVED AS TO CONTENT Management Services APPROVED AS TO LEGAL SUFFICIENCY (t~l[2 Attorf~e~/'J~ Offzde Item V-H 12 ORDINANCES/RESOLUTIONS - 53 ITEM # 50828 Upon morton by Vtce Mayor Jones seconded by Councthnan Ree*e City Uouncd ADOPTED Ordinance to TRANSFER $188 500Jrom CDBG Reserve* to the FY 2002-09 Operating Budget of Houstng and Netghbothood Pre~er~atton fo~ the Netghbothood Re*ttaltzatton Sttategl Area (NRSA) HUD Platt and AUTHORIZE the Crt), Manager to exerute a contract **tth CARE, lnc gottng 9-1(By ConsenO Councd Members bottng Ate Margaret L Eure Vtce Mayor Louts R Jones Rtchard A Maddox Ma}ot Meyera E Oberndorf Jim Reeve Peter W grhmidt Ron A Vdhmueva Rosemary Wtlson attd James L Wood Counctl Member~ Vottng Na~ Reba S McClanan Councd Members Absent Ha~r~ E Dtezel February 25 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 AN ORDINANCE TO TRANSFER $188,500 WITHIN THE FY 2002-03 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION, TO AUTHORIZE THE CITY MANAGER TO SUBMIT A NRSA PLAN TO HUD, AND TO AUTHORIZE A CONTRACT WITH CARE, INC WHEREAS, federal regulations allow the creation of a Neighborhood Revltallzatmon Strategy Area ("NRSA") Plan, WHEREAS, $188,500 of dedicated federal grant funding is available within the FY 2002-03 Operating Budget of the Department of Housing and Nemghborhood Preservation for this type of program, and WHEREAS, the Preservation and CARE, developed a NRSA Plan Department of Housing and Neighborhood Inc , have mdentlfled qualified areas and NOW, THEREFORE, BE IT OPDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, Vmrglnla 1 That $188,500 is hereby transferred 2002-03 Operating Budget of the Department of Neighborhood Preservation to be used for Neighborhood Actlvltmes 2 a NSRA Plan Development and to enter into a contract with CARE, administration of portions of the NSRA Plan within the FY Housing and Improvement That the City Manager ms hereby authorized to submmt to the Federal Department of Housing and Urban Inc , for the 26 Adopted by the Council of the City of Vzrgmnla Beach, 27 Vmrg~nza on the 25 day of F~h~-~y , 2003 CA-8757 Ordln/noncode/NSRAord wpd February 13, 2003 R4 Approved as to Content Management Services / Approved as to Legal Suffmcmency C~ty Attorne~/~ Off~/ce 2 - 54 - Item ~J PLANNING ITEM # 50829 1 STEVE BISHARD/ BISHARD DEVELOPMENT CORPOP~4 TION SUBDIVISION VARIANCE 2 COMMONWEALTH CUSTOM HOME BUILDERS, INC SUBDIVISION VARIANCE 3 S & R PROPERTIES, L L C MODIFICATION OF A CONDITIONAL USE PERMIT (Approved 1/26/99) 4 JACK RABBIT SELF-STORAGE/COLLEGE PARK MODIFICATION OF A CONDITIONAL USE PERMIT (Approved 9/25/01) 5 EUCELL FACEN CONDITIONAL USl~ PERMIT 6 GRAHAM'S CUSTOM BODYSHOP & TOWING, L L C CONDITIONAL USE PERMIT 7 JBA TWO, L L C CONDITIONAL USE PERMIT 8 REED ENTERPRISES, INC CONDITIONAL USE PERAIIT February 25 2003 Item V-J - 55 PLANNING ITEM # 50830 Upon molton by Vice Ma)or Jones seconded by Councilman Ree*e Clt5 Counctl APPROVED tn ONE MOTION Items I 3 4 (DEFERRIzD) 5 (DEFERRED) 6 7 and 8 oJ the PLANNING BY CONSENT AGENDA Item 4 was DEFERRED, unttl the CtO, Counctl Ses~ton of March 11, 2003, BY CONSENT Item 5 was DEFERRI~D INDEFINITELY, BY CONSENT Voting 10-0 (By ConsenO Counctl Members Voting live Margaret L Eure Vtce Mavo~ Louts R Jones Reba S McClanan Richard A Maddor Ma~orMeTera E Ober~MorJ J~m Reeve Pete~ W gchmtdt Ron A Vdlanue~a Rosemat3 Wll~on and &tme~ L Wood Council Members Vottng Nay None Council Members Absent Ha~rv E Dlezel Counctl Lady McClanan voted a VERBAL NAY on Items d 1 (Steve Bls hard/Btshat d Oevelopmen0 and d ? (JBA T},o L L C ) February 25 2003 56 Item V-d I PLANNING ITEM# 50831 Upon motion by Vice Mayor Jones seconded by Councilman Reeve City Council APPROVED a Variance to Section 4 4 (b) oJ the Subdlvimon Ordinance that reqmres all newly created lots meet all the reqmrements of the City Zoning Ordinance t'CZO) for STEVE BISHARD/BISHARD DIzVELOPMENT CORP Appeal to Decisions of Administrative Officers ltl regard to certain elements of the Subdivision Ordinance Subdivision for Ste~e Blshard/Blvhard Development Corp Property ts located on the west vide of North Lynnha*en Road 80feet mote or less south o! Ma)fa, Court (GPIN 1487984240) Satd parcel is located at 541 Norlh L)nnhaven Road and contam~ 2 act,s DISTRICT5 I YNNHAVEN ?Ire following conditions shall be required A private road shall be constructed to serve ali four lots The private road shall be designed to accommodate entergenc3 vehicle access and tUrllaround Pt lvate ret iprocal cro~ ~-ac cess eavements and a maintenance agreentent shall be provided for the shared private road 2 Only one driveway connection onlo N Lynnhaven Road ts permttted for all four lots A one-foot no ing~ e~s/egre~ v easement ts requited along the frontage of th~ parcel e~.cept at the one permitted ~nt~ ance 3 A right-of way dedication ba~ed on the extstmg centerhne of N Lynnhaven Road shall be required to providefor an ultimate 70- foot right of-wa9 on N Lvnnhaven Road 4 There shall be no parkingpermitted on the ptnate road ~erving the four Iot6 5 Each house shall have a two-car garage and three additional parking spaces on each lot Houaes shall be comtructed tn substantial conformance with the thi ee render trigs and photographs submitted with the apph catlon ~ htch have been erhtbited to City Councd and are onfile ~ itb the Planning Depattment A 20-foot landscape buffer shall be provided on the south side of the ptopert* bordering the private street A nil.imum 20-foot bufJer ahall be provided on the western bot der of Lots I and2 the northern border of Lot 2 and the northern half of the eastern boidei of Lot 2 The width of the buff el adjacent to Lot 7 o. Ma)fair Court of the Kings Court subdivision may tap~r lo alloy. for the cul-de aac of the private road and drtvewa3 Jot Lot 2 ExiMing trees within the buffer shall bc retained and supplemented with additional trees and shrubs to fo~m a ~ onlmuous buffer Pebiuar) 25 2003 Item ~-J 1 PLANNING -57 ITEM# 50831 (Connnued) 8 Dramage easements shah be provtded to ~.nsure adequate dramage for the subject property The hvdrauh~ performance of the downstream lake t e - ta:luate~ shall be prmMed during detaded plan re*tew Voting 9-1 (By Con*enO Councd Members Voting Ale Margaret L Eure V~ce Mavor Loms R Jones Rtchard A Maddor Ma,,or Meyera E Oberndorf dtm Reeve Peter W Schmtdt Ron A Vdlanueva Rosemar) Wdson and James L Wood Councd Member~ kotmg Nay Reba S McClanan Councd Members Absent Harry E Dtezel Februa0 25 2003 - 58 Item V-J 2 PLANNING ITEM # 50832 Attorney R t' Bourdon Phone 499 8971 represented the applicant dtstttbuted letters of suppott from seven (7) adlolmng property Or, hers photog~ aphs of the Roue Hall home and two new home* being built as ~eli as a ~tte drawing all of whwh are made apart o/ tll~ record Atny Castleb~.r~?, 7645 3,tauo Arch 23505 Norfolk Phone 423 7362 Urban Planner and lnterlot D~.signer represented Friends of Rose Hall She ts wt ttlng a book on Antique Architecture of Virgtma Beach She also ptesented an offer to purchase the Rose Hall House bk Glenn M attd Juha M ( hetty Rose Hall ts a designated and architectural historic site Said offer iL hereb3 made a pat t of the record Upon motion by Councilman Wood seconded by Counctbnan Reeve Clt) Cotlnctl APPROVED the Variance to Section 4 4 (b) of the Sabdtvt~lon Ordinance that reqnlres all newl) created lots meet ali the requirements of the CIO~ Zoning Ordinance (CZO) for Commonwealth Custom Home Budders, lnc Appeal to Dect, ions of Administrative Officer* tn regard to ~ ertatn elements o/the Subdivision Ordinance Subdivision for Commonwealth Ca*tom Home Butlder~ lnc Property ts located on the south side of Little Lake Drive apptoxtmatel3 lOO feet east oJ Little Lake Court (GPIN 1498741620) DISTRICT 5 L YNNHA VEN The following condmons shall be required Befo~ e commencing att), site work the appllcant /developer shall subnat a tree protection and landscaping plan for the ,ties E,:lstmg vegetation particularly the mature oak magnolia and e~ergreen trees *hall bepreserved to the greatest extentposslble Areas along the soathern and ue~tetn propert) h.e* shall be supplemented with Le) land c)pre*s au needed Limits off clearing depicted on the *lie plan shall be stttclh obser~td Tree prot~ ctton shall be Installed at the drip hne of ali matute t~ees lo be t etamed and shali remam ln place throughout the con ~tructlon project There shall be no enooachment into the tree plolectlon areal by equipment o~ materials 2 The location of the proposed dwellings ,hall *ubstantlaliv adhere to the submttted plan titled PRELIMINARY SUBDIVISION OF LOTA 1 (GP1N 1498-74 1620) RESUBDIVISION 0t' LOT~ A B AND C SUBDIVISION OF PROPERTY OF LOUIS J AND MARY A OSTERHOUS Sheet 2 prepared by Has~ell and Folkes P C dated l l/6/02 Said plan is on file tn th~ Cm of Virginia B~ach Planning Department 3 Access to Lot A-IA shall be pro~ lded bk an ali weather surface such as concrete asphalt ot pavers Ft bruarv 25 2003 Item V-J 2 PLANNING - 59- ITEM # 50832 (Conttnued) Voting 7 3 Courted Members Vottng Aye Margaret L Eure Vtce Mayor Lout~ R Jones Rtchard A Maddo,: dtm Reeve Peter W Schmtdt Ron A Vtllanue*a and dames L Wood Counctl Members Vottng Na~ Reba S McClanan Mayor Meyera E Oberndorf and Rosemar) Wdson Cotln£t] Members Absent Harry P Dtezel February 25 200 ~ Item V-J 3 60 PLANNING ITEM# 50833 Upon moaon bv Vice Mayo~ dones seconded b), Councdman Reeve Cl0 Councd MODIFIED~ CONDITIONED, appbcatlon ors & R Properties, I L C a Conditional Use Permit re a bingo hall (approved by Cl0 Councd on January 26 1999j Ordinance upon Apphtatton of S & R Properties L L C for a Mo&ficatlon of a Conditional Use Permit for a bingo hall which wa~ approved bv City Councd on Januar~ 26 1999 Property ts located on the ~ottlh side of Cleveland St~ eel approxlmately 250]eet w, st of Aragona Boule;at d (GPIN 1477142343) Sald parcel ls localed at 493 3 Cleveland St~ et t and conta.ls 4 81 acres DISTRICT2 - KEMPSVILLE The following condmons shall be reqult ed The project rnu3l be developed in ~ubstanttal conformance with the submitted slte plan entitled Revised Condmonal U~e Permit Plan BmgoatClevelandStreetfo~ S&RPioperOes shtet~ I and 2 dated ll/12/02 bv Landmark Design Gioup Foundation landsraptng shall be enhanced ltl front qf bolh h II The ploposed bingo op,rattons must be operated tn strtcl comphanre with rules and r~gulattons established bt the Comtnonwealth of Vlrglnta a Charttable Gamtng Commission as it pertatns to the operallof of bingo hails 4 Ihe Bingo Games shall be limited to two (2) Sessions per day on Tuesda3 fhursday and brtda¥ and no more than three (3) Sessions on Mondaj The first Monday Session mu~t be a Midnight 3esslon beglntnng at 12 O1 a tn The playtng of Bingo during the Daytime Session shah not commence prtor to 10 O0 a m no~ latel than 3 30 p m 7'tie playing of Bingo dulmg the Evening Session shall not commence pt iot lo 600p m Februao, 25 2003 Item V-J 3 -61 PLANNING ITEM # 50833 (Continued) The followtng uses shall not be pet mttted tn the ~* est butldtng as [ong as the condmona[ usepertmt ts acttve vocational techmcal tndustttal and trade schools lruck and trmtor ~entals heavy eqmpment sales and servtce commerctal parktng lol auto servtce automobde rental parts and supply ~lores atrport~ hehpo~ts and heh~tops and bmgo 6 The 4ssembly Halls vhall not be ulth&d a To hovtfirearms trade shows or erhtbtts commonl3, ~ 6£ert ed to as Gun Shows b For aflea market comnmnttyyard ~ale ot ~tmtlar enterprise Vottng 10-0 (By ConsenO Counctl Members Voting ~largaret L Eure Vtce Mayor Louts R clones Reba S McClanan Rtchard 4 Maddor Ma)orMevera E Oberndorf dtm Reeve Pt tet W Schmtdt Ron A Vdlanueva Rosemary Wdson and dames L Wood Counctl Members Votmg Nay Nora Councd M~ tubers A bs ent Harn~ E Dtezel February 25 2003 Item V-J 4 - 62 PLJNNING ITEM # 50834 Upon motion by Vice Mayor Jones seconded by Councdman Reeve CiO Councd DEFERRED to the City Council Session of March 11, 2003 apphratton of Jack Rabbit Self-Storage~College Park L L C for a Mo&flcatton o£a Conditional Use Permit re mlm-warehou*e lacthl~ (approved b5 Cay Councd on September 25 2001) Ordinance upon Apphcatlon oJ Jack Rabbit Self-Slorage/College Pat~ L L C for a Modi~ication ora Condmonal Use Permtt for a mini warehouse £acihtF approved by City Council on September 25 2001 Property tv located on the not th side of Provident e Road appt orlmatelv 340feet west of Woodstock Road (GPIN 14566422560) at 5950 Provtdt nce Road and contains 4 39 acre~ DISTRICT2 - IIEMPSVILLE Voting 10-0 (By Consen0 Council Members Voting A~,e Margaret L Eure Vice Mayor Louts R Jones Reba S McClanan Richard A Maddox Ma~orMe)eraE Oberudorf Jim Reeve Peter W Schmid! Ron A Vdlauueva Rosemary Wilson and Jame3 L Wood Council Members Voting Nay Noue Council Members Absent Harry F Dtezel February 25 2003 Item V-d 5 - 63 PLANNING ITEM# 50835 Upon motton by Vtce Mayor dones ~econded by Counctlman Reeve CtO Councd DEFERRED INDEFINITELY Ordtnance upon apphcatton of Eucell Facen for a Condtttonal Use Pe~mtt ORDINAN(.E UPON APPLICATION OF EUCELL FACEN bOR A CONDITIONAL USE PERMITFORA BULKSTORAGE AUTO STORAGE AND CONTRA CTOR S STORAGE Y4RD Ordinance upon Apphcatton of Eucell Facen for a Condmonal Use Permtt for a bull storage attto Mot age and conlrat tot s stot age ~ ard on pt opet tv located appror~matU~, 280Jeet north of Virgtma Beach Boulevard and 890 feet we~t of Ftr~t Colomal Road (GP1N 2407552260) Pto?e~ tp t* located at 1752 Vtrgmta Beach Boulevwd and contatns 15 103 ~3 square feel DISTRICT 6 - BEACH Vottng 10 0 (By ConsenO Councd Membera Votlng A~,c Margaret L Em e Vice Mayor Louts R Jones Reba S McClanan Rtcha~ d A Maddot MavorMevera E Oberndorf dtm Reete Peter W Schtmdt Ron 4 }dlanueva Roaemar3 Wilson and Jamet L [food Council Members Voting Nay None Councd Members 4b~ent Harry E Dtezel February25 2003 Item V-d 6 PLANNING ITEM # 50836 Upon morton b~, Vtce Mayor Jones seconded by Counct hnan Reeve Ctty Counctl ADOPTED Ordtnance upon apphcatton of Graham's Custom Body Shop &Towtng, L IL C for a Condttwnal Use Perrtat ORDINANCE UPON APPLICATION OF GRAHAM ~ CUSTOM BOD} SHOP & lOWING L L C FOR A CONDITIONAL UgE PERMIT FOR BULK STORAGE AND EXPANSION OF THE BODY SHOP R020331082 BE IT HEREB~ ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH [IRGINIA O~dmance upon Apphcatmn of Graham s Custom Bod5 Shop & Towing L L C for a Condtltonal Use Permttfor bull~ storage and cYpanaton of the body shop on the south side of Jensen Drn,t. 480 41 Jeer w~st of South Bt~ dneck Road (GP1N 2417434300 2417326797) Satd pat ~ ~ I is located at 1121 densen Drtve and contains I 567 acrt D[gTRICT 6 - BEACH The following condttlona shall be ~ equtred All pat ktng space~ requtred by the CtO Zonmg Ordmam e must be marked by pamted strtptng on the stde mcludmg handicap space~ in accordance wtlh the Amet tcan~ wtth Dtsabthttes 4ct (ADA) 2 Categoo, VI landscaping shall be installed around the pertmetet of the ~.xtstmg attd propoaed bulk storage yard a~ requu ed b) th~ Cttv s Zontttg Otdmance and spectfied tn the Landscape Screening and Buffet tng Spectficattons and Standat ds for the Ctty of Vtrgmla Beach 3 All auto repair must take place inside the butldlng 4 No outside storage or display of equipment parts or materials shall be permttted 5 The development of the site shall substanttall) conform wtth the stte plan entMed Concept Plan P~oposed Erpanswn oJ Gtahams Cuatom Bod~ Shop and Toamg L L C prepared Gallup Surveyors &Engtneers Ltd datedNovember 12 2002 6 No ~torage of vehicles tn a state of ob*tous dist epatr ~ tthvt *te*r fi om densen Drtve shall be permttted If ~ ehlt les m thts t ondttion ~qtare storage then ~uch v{htcle~ shall be ~tored wtthtn the bmldtng or within the fenced bulk ~toragc area Februar~ 25 2003 Item V-J 6 PLANNING ITEM#50836(ConOnued) 8 All outdoor lighting shall be shielded to direct hght and glare onto the premises ~atd hghtlng and glare vhall be deflected shaded and focused away from adjommg propert3 An3 outdoor hghtmgfixtures shall not be o ected any higher than fourteen (14) feet The equipment storage yard may be gra* el provided a **atver of on, tie tmpt ovement3 ts requested and approved by the Planning Direr_lot This Ordinance shah be effecltve in accordance utth Section 107 09 of the Zoning Ordinance Adopted by the Councd of the Ct.9~ of Virginia Beach Vttgtnta on the 7wenty fifih of February Thousand Three Two Voting 10 0 (By ConsenO Councd Members kottng Aye Margaret L Eure Vice Mayor Louts R Jones Reba S McClanan Richard A Maddox MasorMe~,era E Oberndorf Jim Reeve Pettr W Schtmdt Ron A Vdlanueva Rosemary Wdson and Jante3 L Wood Council Members Voting Nay None Council Member* Absent Harry E Dtezel F~hrua~ 25 2003 Item V-J 7 - 66 PLANNING ITEM # 50837 Upon motion by Vice Mayor done¢ seconded bv Councdman Reeve Ctt~ Councd ADOPTED an Otdmance upon apphcatton of JBA Two, L L C poi a Conditional Use Permit ORDINANCE UPON APPLICATION OF JBA TWO L L C FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES R020331083 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA Ordinance upon Apphratton of JBA £}*o L L C for a Conditional Use Permit for motor vehicle sales on the notth side o[ Shore Drive apprortmatelv 320Jeet east of Pleasure House Road (GPIN 147947655 ~) Satd pat cel tx located at 4740 Shore Drive and contaln* 24 785 64 square feet DISTRICT4 BAYSIDE The following condttton~ shall be requited The site shall be u~ed for Motor Vehicle Sales only in conjunction with the apphcant ~ adjacent site lo the east lf the site ts utthzed (sohl ol leased) for Motor Vehicle Sales separate front the adlacent site to the east a new conditional use pet mit [ol Motor Ve hit le Salex shall be obtained 2 There shall be no access from Holhs Road 3 Category IV Screenmg shall be installed along the properly, hne along Holhs Road Vehicles shah not be used as a barricade to prevent mgresa and egress onto the site The apphcant shall provide a security plan that detads the method of entr~ to the site that t ~ acceptable to the Fire Department 5 No outstdepagtngsystem loudsp~akos and/or music shaHbe pertmtted on the site 6 No addtttonalfreeslandtng signs arepermttted 7 There shall be no mot e than forO-t~o (42) vehicles display?ed for sale on the site The ~ehtcles ~hall be parked m the atea designated as 'Vehicle Display Area' as depicted on the submitted Conditional [/se Permit Site Platt ?l epared b) John E Sit thc and 4ssoclates dated November 1 ] 2002 ercept that there shall he no vehicles displayed for sale itt the al ea bet~i een Shore Drive and the *arlable width accets easement to the 14algreen s site to the we~t Tht~ area may be used for emplo)ee parkmg onl) ?ebruats, 25 2003 Item V-J 7 PLANNING - 67 ITEM # 50837 (Continued) No vehtcles shall be parked wtthtn any portton of the publtc rtght of- u ay Vehtc]es shall not be dtsplayed on vehtcle platfortns at an) Thts Ordinance shall be eff~cttve tn accordance wttIt Sectton 107 (t) of the Zomng Ordtnance Adopted by the Council of the Ctty of Vtrg~ma Beach ~trgt?tta on the 7uentv-fifth of February Thousand fhree Voting 9 1 (By ConsenO Councd Members Vottng Aye Margaret L Eure Vtce Mayor Louts R Jones Rtcbard 4 Maddo~: Ma)or Mevera E Oberndorf Jtm Reeve Peter W Scbmtdt Ron 4 Vlllanueva Rosemary Wtlson and James L Wood Counctl Membe~s Vottng Na. y Reba S McClanan Council Members Absent Harry E Diezel Februar) 25 2003 Item V-J 8 68- PL 4NNING ITEM# 50838 Upon motton bv Vtce Ma) or don~s seconded by Councllman Rceve Cttv Counctl ADOPTED Ordtnance upon apphcatton of Reed Enterprises, 1nc Jor a Condmonal Uae Permit ORDINANCE UPON APPLICA TION OF REED ENTERPR1 ~ES INC FOR A CONDITIONAL USE PERMIT FOR GA ~OLINb SALES IN UONdUNCTION WITH A CONVENIFNCE 5TORE R02033 1084 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BE 4CH VIRGINIA Ordinance upon Apphcatlon of Reed Enterprttes Inc fora Conditional Use Permit for gasohne sale~ In conjunction with a convenience store at the southeast corm. r of Holland Road and Chlmne~ Hill Parkway (GPIN 1486449760) Sald parcel is located at 985 Chimne) Hll[ Parknvay and contains31 755 square £eet DISTRICT3 ROSE ItALL The following conditions shall be required The ertsting two enttances on Holland Road must be rentm ed and replaced ullh a single entrance with a tight tarn lane The entrance and turn lane configuration and dlmenslona nlual conform to Pubhc Works ~peclfitatlona and Standarda 2 The site shah be developed tn subMantial conJot mance **tth lhe aubmttted ~Ite plan titled Layout and Landscape Plan of Gas Sales and Convemence Store Addition dated Nmember 12 2002 and prepared by Land Design and Development Scud plan haa been exhibited to CiO, Council and la oil file m the Ctrv of Vlrgima Beach Planning Department Ttte batldmg shall be constructed tn substantial confortnance ~, Ith the elevation titled Reed Enterprises Comemence Store c~ Holland Road and Chlmne5 Hill Pat~wvay Said elevation has been exhibited to Crt) Cottncl[ and ts on file itt lhe Cig, o~/ Virginia Beach Planning Department 4 The ne~* canopy shah be constntcted tn substantial conformanr e with the building The aame reddish b~own brick reneer shall be uaed oil the columns and a pitched ioof }*lth tnatching ahmgles ahall be elements February 25 2003 Item V-J 8 PLANNING - 69- ITFM# 50838 (ConOnued) 5 &gnagefor the site shall be hmlted to C DaJ~c control signs Striping on the canopy shall be hmited to ten (lO)feet on each stdc of the canopy or one quarter of the length of ~-ach side Stgnage on th~ canopy shah not be internally ot erternally illuminated No stgnage tn excess ora total oJfour (4) square feet oJ the entire gla~s area of the exterior wall shall be permitted Thel e shall be no other ~lgns neon signs or neon accents installed on anv wall area of the exterior of the budding atndo~,s and / o~ doors canopy hght poles or am other portlon of the site No outdoor vending machmes and / ot display of merchandise shall be allo*~ed An on-site pedestt tan walkway at least five(5)feet tn ~ idth ~hall be provided from the stde;*alk on Chimne) Hdl PatIa*al. to the convenience store 8 Bicycle racks shall be provided near the entrance of the store This Ordinance shall be effective tn accordance with Section 107 (,0 of the Zomng Ordmanct. Adopted by the Councd of the CIO., of Vtrglma Beach Vlrgima on the TwenO-fifth of Februatq Thousand Thtee Two Voting 10-0 (By Consen0 Council Members Voting Aye Margaret L Eure Vice Mayor Louts R Jones Reba S McChman Richard A Maddox Ma)or Meyera E Oberndorf Jon Reete Peter W Schmldt Ron A gdlanu~va Rostmarv Wdson aitd da~nes L Wood Council Members Voang Nay None Council Members Absent Harry E Dtezel February25 2003 Item V-K 1 APPOINTMENTS - 70- ITEM # 50839 BY CONSENSUS Ctty Councd RESCHEDULED the followtng APPOINTMENTS THE PLANNING COUNCIL February 25 2003 Item V-K 2 71 ~4PPOINTMENTS ITEM # 50840 Upon NOMIN~4 TION by Vtce Mayor ]ones Oty Coum ti RE,4PPOINTED Peregnn C Franctso Emdy Manby Wdham E Russell Ronald J Wries, MD 3 year term 4/01/03- 3/31/06 HEAL TH SERVICES AD VISOR Y BOARD Vottng ]0 0 Counctl Members Voting A)e Margaret L Eure Vtce Mayor Louta R donvs Reba 3 McClanan Rtchard A Maddor Mayor Megera E Oberndotf dim Ree~ e Pete~ IF Schmtd! Ron A l/dlanueta Rosemar) Wtlson attd dame~ L Wood Councd Members Vottng Nay None Councd Member~ ,4b~enl Harr~ E Dtezel February 25 2003 Item V-K 3 APPOINTMENTS ITEM # 50841 Upon NOMINA lION b), Vu e Mal ot Jones CtO Counctl APPOINTED AND, RFAPPOINTED Georgta Allen 3 yr term 4/01/03 - 3/31/06 Ethelyn Regtster 3 yr term 4/1/03 - 3/31/06 HUMAN RIGHTS COMMISSIONS JZOllng 10-0 Counctl ),tembers Vottng Ave Margaret £ Eure I/tce Mayor Lout, R Jones Reba S McClanan Richard A Maddor Ma~or Meycra E Obe~ndotf dtm Reeve Pete~ W ~chmtdl Ron A Vdlanue'~a Roaematy I~tl~on and James L Wood Counctl Members Votmg Nal None Counctl Members Absent Har~3~ E Dtezel Febtua~ 25 2003 Item V-K 4 APPOINTMENTS ITEM # 50842 Upon NOMINATION bv Counctlman gdlanueva Ctt3 Counctl APPOINTED Dr Ttm Mallet 3 year term 2/25/03 - 5/31/04 MINORITY BUSINESS COUNCIL Voting 10 0 Counctl Metnbe~ s Vottng A;e Margaret L P ute Vice Ma)or £OUlS R Jonea Reba S Mt ( lanan Rtcha~ d A Maddox Mayor Meyera E Oberndorf ,]tm Reel e Peter W 3chmtdt Ron A V~llanuexa Rosemary l~tlson and `]ames [ Wood Counctl Members Voting Nay None Uounctl Membet a Absent Haro E Dtezel February 25 2003 Item V-K $ APPOINTMENTS ITEM # 50843 Upon NOMINATION b~ Councdman Wood City Councd APPOINTED June Barrett- McDantels Unexptred term thru 6/3/06 Plus 3 years thru 6/30/06 SHORE DRIVE ADVISOR Y COMMITTEIz Volmg 10-0 Counctl Members Vottng Aye Margaret L Eu~ e Vtce Mayor Louts R Jones Reba ~ McClanan Rlchatd A Maddox Mayor Meyera E Oberndorf dim Reeve Petct ~7 Schmtdl Ron A Vtllanueva Rosemary Wdson and dames L ~ood Council Members Voting Na) None ~ ouncll Members Absent Har0 E Dtezel ?ebruarv 25 2003 75 Item V-N ADJOURNMENT ITEM # 50844 Ma)ot Mevera E Oberndorf DECLARED the Cu3' Councd Meettng ADJOURNED at 8 08 P M Bev~ Hooks CMC Cluef Depun Cttv Clerk Ruth Hodges Smtth MMC Crt3 Clerk Mevera E ObentdorJ Ma~ot Ctty of Vtrgtnta Beach Vtrgtnta Fcbrua~v 25 2003 DATE 02/05/2003 CENTERVZLLE NEIGHBORHOOD CHARLESTOWNE LAKES SO CHARLESTOWNE LAKES SO CHARLESTOWNE WOODS CHATHAM HALL CHATHAM HALL CHATHAM HALL CHATHAM LANDING COLLEGE PARK COLLEGE PARK COLLEGE PARK COMMONS COUNTRY HAVEN COVENTRY DRIFT TIDE CONDOMINIUM ELIZABETH RIVER SHORES ELIZABETH RIVER TERR ENGLYSHE AVALON FO×ON WOODS GLENWOOD GLENWOOD GLENWOOD GLENWOOD GLENWOOD GLENWOOD HAVEN ESTATES HAVEN HEIGHTS HOMESTEAD HOMESTEAD HUNTS POINTE TOTAL PARCEL PARCEI~WIq'H PERCENT SUB-NEIGHBORHOOD COUNT IMPROVEMENTS OF CHANGE RSD 304 304 4 76023 R75 283 283 3 64598 131 124 4 61479 CHATMOSS 109 109 7 28168 PHASE 4-5 6 334 334 6 54336 SUI-fON PLACE 40 40 6 09135 12 12 0 00~80 DORCHESTER VILLGE 100 100 3 09050 GLYNDONVILLAGE 125 125 2 42477 480 480 6 86347 33 33 9 14043 36 36 7 43185 263 263 4 91997 170 170 5 74132 111 104 4 38156 26 26 346927 21 9 0 40972 27 26 5 85675 GLENWOOD GREEN 72 72 2 97822 GRAND BAY 56 56 3 09154 LINKS 55 35 12 3795 VILLAS 112 112 6 47715 WOODBRIDGE 144 144 6 00358 1767 1764 7 83417 94 93 3 52780 106 101 7 16902 3AMESTOWNE 14 14 9 85236 219 214 3 84131 57 4 13 7724 MEAN $119,583 00 $131,822 00 $145,083 00 $141,347 00 $107,958 00 $154,299 00 $184,243 00 $66,714 00 $69,735 00 $132,807 00 $172,886 00 $127,575 00 $150,04700 $69,789 00 $143,130 00 $117,949 00 $285,022 00 $196,956 O0 $96,178 00 $79,577 00 $203,406 00 $73,518 00 $82,424 00 $148,152 00 $96,096 00 $142,337 00 $133,798 00 $148,472 00 $314,194 00 MEDIAN $120,456 00 $132,492 00 $143,509 00 $142,986 00 $110,040 00 $154,325 00 $185,088 00 $68,412 00 $66,126 00 $133,826 00 $169,14400 $126,150 00 $150,034 00 $65,986 00 $125,198 00 $115,828 00 $285,652 00 $199,966 00 $96,385 00 $78,70200 $199,850 O0 $71,150 00 $71,856 00 $150,298 00 $95,646 00 $141,273 00 $131,678 00 $146,179 O0 $304,586 00 DATE 02/05/2003 CENTERV[LLE NEIGHBORHOOD INDIAN LAKES INDIAN LAKES INDIAN LAKES INDIAN LAKES INDIAN LAKES INDIAN LAKES CONDO INDIAN LAKES CONDO INDIAN LAKES CONDO INDIAN LAKES CONDO INDIAN LAKES CONDO INDIAN RIVER INDIAN RIVER RD JAMESTOWNE/STONEYBROOK JONATHANS COVE KEMPS 8~ CNTVLE ARTERY KEMPSVILLE AREA KEMPSVILLE PLANTATION KNOB HILL LAKE CHRISTOPHER LAKE JAMES LAKE PRINCESS ANNE LAKEVILLE ESTATES LE COVE LEVEL GREEN LEVEL GREEN LEVEL GREEN LEVEL GREEN LEVEL GREEN LEVEL GREEN TH TOTAL PARCEL PARCELS WITH PERCENT SUB-NEIGHBORHOOD COUNT IMPROVEMENTS OF CHANGE C2 H2-2 271 271 8 21809 COLONY POINTE 238 238 7 26952 F2 137 137 7 63422 H2-1 93 93 6 94180 32 175 175 3 75536 COBBLESTONE TRACE 60 60 5 59790 KEMPS QUARTERS 97 97 0 LAKES END 172 172 0 POINTS WEST 90 90 4 99106 WINCHESTER I:q' 94 94 0 129 129 5 25707 40 25 8 36422 162 157 2 43014 29 29 4 53970 43 32 6 18011 29 24 4 80792 66 66 6 48748 45 41 4 06243 363 362 6 46185 274 274 4 87770 100 100 10 3901 197 197 6 03047 98 90 13 0557 OWL CT 24 24 0 OWL CTCONDO 6 6 0 SITE l&2, SF 282 282 0 83112 SITE 3, SF 115 111 0 04346 VILLAGES SEMI DE/ 62 62 0 92155 PINEWOOD VILLAGE 98 98 3 64027 MEAN $109,969 00 $76,291 00 $108,631 00 $109,637 00 $70,57400 $70,454 00 $52,824 00 $61,597 00 $79,255 00 $51,870 O0 $93,921 00 $132,701 00 $69,700 00 $246,614 00 $116,252 00 $146,996 00 $190,417 00 $112,016 00 $154,878 00 $198,912 00 $52,657 00 $112,549 00 $217,990 00 $6B,188 00 $62,650 00 $119,554 00 $116,825 00 $75,756 00 $62,831 00 MEDIAN $114,584 00 $76,520 00 $107,102 00 $110,484 00 $72,026 00 $72,640 00 $53,748 00 $61,394 00 $80,818 00 $53,032 00 $93,230 00 $110,269 00 $70,632 00 $261,384 00 $112,056 00 $132,021 00 $191,756 00 $110,451 00 $141,828 00 $193,086 00 $52,242 00 $112,276 00 $213,574 00 $68,952 00 $62,720 00 $119,968 00 $117,954 00 $73,528 00 $61,992 00 DATE 02/05/2003 CENTERV[LLE NEIGHBORHOOD LEVEL GREEN TH LEVEL GREEN TH MACDONALD PARK NEWLIGHT NEWLIGHT NEWLtGHT NEWl TGHT NEWL[GHT NEWLIGHT NEWLIGHT POWHATAN HEIGHTS PROVIDENCE LANDING PROVIDENCE POINTE QUEEN CITY RIVERCREST LANDING RIVERTON ROSEMONT FOREST ROSEMONT FOREST ROSEMONT FOREST ROSEMONT FOREST ROSEMONT FOREST ROSEMONT FOREST SALEM WOODS SHERRY PARK SOUTHAMPTON AT SALEM SUNSTREAM PARK SUNSTREAM PARK TARLETON OAKS TARLETON OAKS TOTAL PARCEL PARCELS WITH PERCENT SUB-NEIGHBORHOOD COUNT IMPROVEMENTS OFCHANGE THE VILLAGES 149 149 0 19213 327 326 0 01196 66 64 6 51790 DUPLEX THOMPKC/ 10 10 6 02556 FERRY POINT LDNG 18 18 13 0927 FOXGLENNCT 13 13 8 60151 SF 99 99 8 15289 THOMPKINSLANDING 26 26 8 73678 VACANT LAND 52 1 30 7558 VARIOUS DUPLEXES 12 12 6 29967 57 56 5 01973 32 32 7 05630 76 75 3 89092 47 30 6 44115 7 7 ! 94517 184 184 13 9887 HIDDEN COVE 100 100 5 03557 HORIZON/WEB5 ~ ~R 131 131 5 14077 HUNTERS SQUARE 78 78 2 72870 SEMI DE/ 452 451 4 97779 TOWNHOUSES 348 348 5 26216 1136 1136 6 23821 1083 1082 7 99055 171 170 6 64936 78 78 3 93633 SEMI DE/ 211 211 2 35349 SF 102 102 7 45571 THE GABLES 15 15 0 THE RESERVES 14 14 4 37105 MEAN $65,138 00 $63,981 00 $100,256 00 $105,576 00 $103,937 00 $151,914 00 $116,810 00 $106,489 00 $50,276 00 $102,368 00 $102,561 00 $165,382 00 $57,332 00 $39,193 00 $319,637 00 $145,201 00 $69,164 00 $63,271 00 $75,295 00 $90,405 00 $75,799 00 $113,882 00 $164,365 00 $106,309 00 $166,637 00 $93,542 00 $102,721 00 $156,862 00 $120,821 00 MEDIAN $64,952 00 $64,832 00 $98,891 00 $113,456 00 $103,336 0~ $156,272 00 $115,236 00 $106,030 00 $52,000 00 $106,584 00 $102,112 00 $165,052 00 $57,680 00 $26,340 00 $333,282 00 $144,259 00 $66,304 00 $63,080 00 $76,160 00 $89,756 00 $73,922 00 $113,172 00 $169,012 00 $102,971 00 $167,155 00 $92,935 00 $104,435 00 $153,532 00 $119,750 00 DATE 02/05/2003 CENTERV~LLE NEIGHBORHOOD WEST'VIEW VILLAGE WHITEHURST GROVE WHI-FEHURST MANOR WHr'FEHURST WOODS WILLOW CREEK POINTE WOOD BRIDGE POINTE WOOD BRIDGE POINTE WOOD FARM WOODHAVEN WOODRIDGE WOODSTOCK WOODSTOCK POINT CONDO WYND CREST CONDO WYNDAMERE SUB-NEIGHBORHOOD TOWNHOMES TOTAL PARCEL PARCEl_S WITH PERCENT COUNT IMPROVEMENTS OF CHANGE 130 130 10 4810 201 201 4 10859 16 16 0 39222 38 38 5 32406 64 64 3 69241 182 117 3 33425 102 56 3 24762 143 143 1 88591 48 45 2 92289 127 127 6 30397 251 248 6 13528 15 15 8 88139 53 53 3 17616 197 197 8 73066 MEAN $117,660 00 $133,266 00 $184,62500 $137,412 00 $72,116 00 $122,183 00 $203,546 00 $104,570 00 $103,039 00 $124,283 00 $164,323 00 $286,08500 $150,150 00 $122,854 00 MEDIAN $115,201 00 $136,616 00 $188,04800 $138,084 00 $72,678 00 $118,820 00 $197,020 00 $103,936 00 $101,750 00 $123,164 00 $157,939 00 $286,092 00 $151,140 O0 $125,612 00 OFA~34~E PER~.'~NT OF ASBEIINEKT CHANGE NlrLAL NEIGHBORHOODS BY DI~S'I'IGCT DATE 02/05/2003 KEI~IPSV~LLE NEIGHBORHOOD ADKINS RESERVE AMHURST AMHURST TOWNHOUSES AMHURST TOWNHOUSES ARAGONA VILLAGE ARROWHEAD ARROWHEAD TOWNHOUSES BELLAMY ESTATES BELLAMY MANOR BELLAMY MANOR BELLAMY MANOR EAST BELLAMY MANOR EST $EC5 BELl_AMY MANOR ESTATES BELLAMY MANOR N BELLAM¥ WOODS BONNEY/BAXTER ROAD BOULEVARD MANOR BRENNEMAN FARM CONDO BROOKEFIELD CROSSING BROOKSIDE CONDOMINIUM CAMPUS EAST TOWNHOMES CAROLANNE FARM CAROLANNE POINT CAROLYNNE GARDENS CHARTER LAKES CHARTER LAKES CHESAPEAKE BEACH CLEAR ACRES DIAMOND SPRINGS CONDO TOTAL PARCEL SUB-NEIGHBORHOOD COUNT 59 59 SECTION FIVE 6 149 3017 748 161 14 SEC 81 43 SEC C 224 35 97 389 158 313 57 56 148 42 184 757 621 28 20 CONDOS 28 TOWNHOUSES 75 COASTAL VIEW 8 14 84 PARCELS WITH PERCENT IMPROVEMENTS OF CHANGE MEAN MEDIAN 59 0 $105,644 00 $96,331 00 59 8 18796 $91,673 00 $86,880 00 4 0 $108,078 00 $108,078 00 148 3 51885 $57,614 00 $60,854 00 2994 7 19123 $93,014 00 $92,268 00 747 6 28101 $118,910 00 $116,536 01 161 4 03860 $69,050 O0 $69,138 O0 11 2 55024 $226,948 O0 $235,774 41 5 77371 $185,996 O0 $188,494 222 6 17605 $173,294 00 $163,694 00 34 5 07728 $212,629 00 $211,592 00 97 3 48923 $223,750 00 $226,098 00 388 3 90268 $195,027 O0 $193,358 OQ 155 5 59423 $148,349 00 $148,733 O( 310 7 42290 $260,317 00 $261,800 38 15 8681 $89,912 00 $69,532 00 56 0 05856 $83,602 00 $83,918 00 148 5 61310 $84,293 00 $84,050 00 42 7 66860 $185,345 O0 $186,762 00 184 1 11493 $51,031 O0 $50,384 O0 753 2 14174 $70,408 00 $71,872 O0 617 3 72643 $126,910 00 $125,135 00 28 4 48244 $170,243 00 $168,044 00 20 4 78929 $108,818 00 $108,236 00 28 3 94718 $91,528 00 $93,158 00 75 0 51245 $85,528 00 $85,176 00 8 6 14500 $204,172 O0 $208,464 O0 14 3 94594 $79,615 O0 $81,570 O0 84 0 $66,668 00 $66,668 00 DATE 02/05/2003 KE~tPSVZLLE NEIGHBORHOOD DUNBARTON FAIR MEADOWS FAIRFIELD FAIRFIELD FOREST/SHRS FAIRFIELD GDNS CONDO FAIRFIELD MILL FAIRWAYS FOX RUN GABLES AT BELLAMY GARNET-r POINTE CONDOS GRAND LAKE HUNT CLUB CONDOMINIUM HUN'I'[NGTON HUNTINGTON ESTATES INDIAN LAKES INDL4N LAKES INDIAN LAKES INDIAN LAKES INDIAN LAKES ]AMESTOWNE KEMPS COVE KEMPS LAKE CONDOS KEMPSHIRE MANOR KEMPSVILLE KEMPSV~LLE COLONY KEMPSVILLE GARDENS KEMPSVILLE GREENS KEMPSVILLE GREENS KEMPSVILLE GREENS SUB-NEIGHBORHOOD A1 Bi C1 E1 M1 CiA COLONY OAKS D1 F1 3ST-CONDOS THE GABLES TOWNHOUSES TOTAL PARCEL PARCELS WITH PERCENT COUNT IMPROVEMENTS OF CHANGE MEAN MEDIAN 228 228 8 98518 $144,513 O0 $144',158 01 140 132 B 08789 $101,557 O0 $99,432 O0 766 765 6 08107 $196,215 O0 $192,715 135 133 8 81431 $225,778 O0 $229,60400 156 156 4 38923 $73,965 O0 $73,910 O0 46 46 0 $103,761 O0 $103,214 OI 55 55 7 58240 $99,335 00 $96,806 00 274 274 8 05898 $145,709 00 $145,108 95 95 3 30953 $115,107 00 $116,014 00 16 16 0 73300 $154,602 00 $157,811 00 145 145 3 30454 $56,090 00 $56,600 00 24 24 0 $75,728 00 $75,599 00 282 281 l0 2431 $118,930 00 $116,704 00 94 94 7 86224 $137,876 00 $139,640 362 362 4 78516 $127,723 00 $127,710 O0 408 408 6 32113 $100,193 00 $100,000 00 95 95 7 42324 $96,424 00 $96,610 00 384 384 3 80692 $72,193 00 $70,982 O0 188 188 5 43859 $128,337 00 $129,040 00 204 204 4 86670 $82,889 00 $82,560 00 10 4 0 $176,908 00 $175,216 00 64 64 5 42856 $116,174 00 $116,304 00 104 104 0 $73,448 00 $71,816 O0 177 131 5 19677 $208,591 O0 $148,381 00 178 177 3 19277 $134,448 O0 $138,180 O0 35 34 8 72287 $111,987 O0 $109,267 00 48 48 4 08638 $113,380 00 $116,530 00 197 197 7 73207 $98,911 00 $98,544 00 148 148 5 80195 $159,994 00 $160,098 00 DATE 02/05/2003 KEMP~VTLLE NEIGHBORHOOD KEMPSVILLE HEIGHTS KEMPSV[LLE LAKE KEMPSVILLE LAKE KEMPSV[LLE LAKE KEMPSVILLE MANOR KEMPSVILLE PARKWAY LAKE EDWARD LAKE EDWARD LARK DOWNS LARK DOWNS LARKSPUR LARKSPUR FARMS LARKSPUR GREENS LARKSPUR GREENS LARKSPUR GREENS LARKSPUR MEADOWS LARKSPUR MEADOWS LARKSPUR MEADOWS TH LARKSPUR MEADOWS TH LARKSPUR MEADOWS TH MEADOW WOODS NEWPOINTE CONDO NEWSOME FARM NEWTOWN CROSSROAD5 NORTHRIDGE OAKENGATE PARLIAMENT VILLAGE POCAHONTAS VILLAGE POINT O V~EW SUB NEIGHBORHOOD BAXTER WOODS TH TURNBERRYTH WESLEYAN FST/SD SEC 3 BOYD SF WOODBRIDGE~SD KEESWICK COMMONS LARKSPUR COM PH 2 N & P ASSOC OLD TOWNE ASSOC TOTAL PARCEL PARCELS WITH PERCENT COUNT IMPROVEMENTS OF CHANGE 193 190 5 48134 73 73 8 78338 63 63 4 16414 1268 1267 5 56172 51 50 0 16541 16 10 4 85911 76 76 2 59190 781 776 4 49150 58 58 6 61082 112 112 13 4604 545 538 3 90143 43 43 15 5284 24 24 0 94764 248 248 6 42058 54 54 2 58152 80 80 3 40708 195 195 4 57663 17 17 7 067~4 66 66 11 6120 58 58 6 04983 23 23 11 8924 432 432 0 203 143 5 33023 9 6 3 84668 368 368 ! 73058 21 20 3 31524 252 252 5 54124 353 352 5 56813 231 229 9 58223 MEAN $128,815 O0 $85,313 O0 $87,066 O0 $88,803 O0 $121,671 O0 $95,018 00 $64,756 00 $57,903 00 $107,957 00 $140,118 00 $187,54400 $270,308 00 $96,361 00 $131,234 00 $88,521 O0 $101,400 O0 $200,801 00 $88,766 O0 $90,259 00 $114,301 O0 $132,765 00 $41,131 O0 $106,440 O0 $121,857 00 $58,784 O0 $179,474 00 $69,489 O0 $99,983 O0 $162,315 00 MEDIAN $125,504 01 $86,0~8 00 $87,320 O0 $89,040 00 $118,316 0! $83,552 00 $64,590 00 $57,590 00 $108,560 00 $140,534 O0 $188,142 OQ $270,3340~ $97,688 00 $130,437 00 $88,481 00 $94,144 00 $199,170 00 $88,854 O0 $93,402 O0 $115,528 O0 $128,568 OQ $40,47400 $96,808 O0 $96,824 O0 $59,24400 $181,816 O0 $69,746 O0 $97,780 O0 $156,671 00 DATE 02/05/2003 KEHPSVZLLE NEIGHBORHOOD PRINCESS ANNE SQUARE RIDGLEA RIVERANNE SHAMROCK GARDEN SHANNON STRATFORD CHASE 5-FRATFORD FOREST STRATFORD GREEN SUMMERSET tAKE CONDO TIMBERLAKE 1/MBERtAKE TIMBERLAKE T[MBERtAKE TIMBERLAKE 'T[MBERtAKE TIMBERtAKE TIMBERLAKE T'IMBERtAKE WEAVERVILLE/PR ANNE RD WEBLIN PLACE WEBLIN POINTE WITCHDUCK LAKE CONDOS WOODSCAPE YODER ESTATES SUB NEIGHBORHOOD ASPEN CINMNRDG/MISTYMDW DOMINION GLEN WILLOW HOLLY TREE SEC 1 12 SEC 8 9 THE COVE WILLOW WOOD TOTAL PARCEL PARCELS WITH PERCENT COUNT IMPROVEMENTS OF CHANGE 21 21 i 74570 122 121 4 94412 36 36 0 52885 16 12 3 54630 35 35 0 0080 423 419 8 90666 17 17 6 11753 23 23 6 37921 96 95 8 70711 199 198 9 04786 106 106 9 05728 72 72 10 0721 99 99 10 0616 163 163 5 30225 404 404 7 97391 55 55 8 71746 23 23 0 156 156 5 07382 43 38 9 63636 122 122 I 15516 118 118 2 94775 61 61 0 06748 113 113 2 12027 4 4 2 00968 MEAN $167,712 00 $136,462 00 $119,851 00 $152,119 00 $128,463 00 $183,895 00 $207,178 O0 $215,741 00 $153,859 00 $74,995 00 $86,792 00 $76,499 00 $98,966 00 $63,669 00 $105,948 00 $101,063 00 $76,733 00 $82,836 00 $144,695 00 $65,562 00 $55,093 00 $145,84000 $68,60600 $223,74600 MEDIAN $170,168 QI $135,350 0W $125,164 $148,968 00 $131,120 00 $181,486 01 $210,742 0(I $209,614 0(~ $159,694 00 $75,7~00 $84,056 00 $76,772 00 $97,634 00 $63,238 00 $105,136 $107,218 00 $76,578 00 $84,088 00 $119,872 00 $64,402 00 $56,608 00 $148,750 0(I $70,608 00 $227,573 00