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HomeMy WebLinkAboutMARCH 11, 2003 MINUTESCITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR LOUIS R JONES, Baystde - Dtstrwt 4 HARRY E DIEZ, EL, Kempsvdle -Dtstrtct 2 MARGARET L EURE, Centervdle -Dtstrtct 1 REBA S McCLANAN, Rose Hall -Dtstrtct 3 RICHARD A MADDOX, Beach -Dtstrtct 6 JIM REEVE, Princess Anne - D~strwt 7 PETER W SCHMIDT, At-Large RON A VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L WOOD, Lynnhaven -Dtstrtct 5 JAMES K SPORE, Ctty Manager LESLIE L LILLEE Oty Attorney RUTH HODGES SMITH, MMC, Ctty Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA ll March 2003 (IIY HALL BUILDING I 2401 COURTHOUSE DR1VE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl~vbgov corn I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:00 PM mo Bo Convention/Visitor Development End of Year Wrap-Up James Rmketts, Director - Convention/Visitor Development Department Virginia Beach Economic Development Authority Donald Maxwell, Director - Economic Development Robert G Jones - Chair Co Do LifeNet Donald Maxwell, Director- Economic Development Striving for Excellence James K. Spore, City Manager II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 4:00 PM mo CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL I I D. CERTIFICATION OF CLOSED SESSION E. CITY COUNCIL INFORMAL DISCUSSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Michael S~mone Pastor, Spnng Branch Commumty Church 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 March 4, 2003 F. AGENDA FOR FORMAL SESSION G. CONSENT AGENDA H. PUBLIC HEARING 1. Lease Agreement - Farmers Market I. ORDINANCES/RESOLUTION Ordinances to AMEND the Clty Code re time limits for speakers at C~ty Council Sessions and City Policy governing same: ao b Planning Items: the applicant, or representative of the apphcant, ten (10) m~nutes and three (3) minutes for rebuttal All other persons speaking in support of the application three (3) m~nutes Opponent' s attorney or professional representative ten (10) m~nutes All other opponents of an application three (3) m~nutes All regular Agenda ~tems three (3) m~nutes i i i i I i · i f I i . Ordinance AUTHORIZING the City Manger to lease Space Number 1 at the Farmers Market to Fred Jordan re "The Nesting Box" . Ordinance to AUTHORIZE acqmsition of a temporary construction easement for Pnncess Anne Road and Brandywine Drive traffic s~gnal by agreement or condemnation. (DISTRICT 2 - KEMPSVILLE) J. PLANNING Resolution to ESTABLISH the Southeastern Parkway/Greenbelt, including cost participation with Virginia Department of Transportation (VDOT) for an Environmental Impact Study (EIS), preliminary design and limited right-of-way acquisition for the project, from 1-64 at Oak Grove Connector to 1-264 at Great Neck Creek. . Petition of Town Center Associates, L.L.C. for &sconttnuance, closure and abandonment of a portion of Columbus Street and Town Center Drive (Block 10 of Town Center), contaimng 144 square feet to accommodate the 342-unit apartment complex (DISTRICT 5 - LYNNHAVEN) Recommendation: APPROVAL . Application for Salt Meadow Bay, L.L.C. (DISTRICT 6 - BEACH) · ao re Discontinuance, closure and abandonment of a portion of Oakland Avenue at Barberton Drive, containing 12,552 square feet. b. re Change ofZontng Dtstrtct Classtficatton from R-7.5 Residential District to Conditional A-12 Apartment District w~th a PD-H2 overlay on South Oriole Drive at Barberton Drive and the closed portxon of Oakland Avenue, not to exceed 12 dwelling units per acre, conta~mng 3.53 acres. Recommendation: APPROVAL . Apphcatlon for New Life Christian Fellowship. ao re Change qfZontng District Classtficatton from I-1 Light Industrial District to O-1 Office District for office land use at Business Park Drive and Greenwmh Road (149 Business Park Drive), contmmng 43,167 square feet. (DISTRICT 2 - KEMPSVILLE) bo re Conchttonat Use Permtt re a church at Business Park Drive and Greenwich Road (149 Bus~ness Park Drive), contmmng 43,167 square feet. ( DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL . Application of Jack Rabbit Self-Storage/College Park, L.L.C. for a Modification ofa Con&ttonal Use Permtt re site design for a mini-warehouse (approved by City Council on September 25, 2001), at Providence Road and Woodstock Road (5950 Providence Road), containing 4.39 acres. (DISTRICT 2 - KEMPSVILLE) Deferred: Recommendation: February 25, 2003 APPROVAL . Application for The Home Depot USA for a Con&tzonal Use Permtt re bulk storage for outdoor drive-through seasonal sales at 2020 Lynnhaven Parkway, contmmng 13.93 acres.(DISTRICT 1 -CENTERVILLE) Recommendation: APPROVAL o Application for Import Concepts Auto Repair, Inc. re Con&tzonal Use Permit for auto repair at Sykes Avenue and Virginia Beach Boulevard (141 Sykes Avenue), contmmng 42,950 square feet. (DISTRICT 6 -BEACH) Recommendation: APPROVAL o Application for Virginia Beach Pembroke Congregation of Jehovah's Witnesses re Condittonal Use Permtt for a church at Diamond Spnngs Road and Shumey Lane, containing 2.07 acres.(DISTRICT 4 - BAYSIDE) Recommendation: APPROVAL . Application for Triton PCS/Suncom re Condmonal Use Permtt for a 94-foot commumcatlon tower at Snow Goose Lane and Hawks Nest Way (1400 Snow Goose Lane), containing 11.69 acres. (DISTRICT 5 - LYNNHAVEN) Recommendation: APPROVAL ° Application for Eagles Flight, L.L.C re Change of Zomng District Classtficatton (COZ) from A-12 Apartment District to Conditional B-2 Community Business Dlstrtct to expand an existing motorcycle sales and service at North Witchduck Road and Richard Road (385 Witchduck Road), containing 2.019 acres. (DISTRICT 4- BAYSIDE) Recommendation: APPROVAL 10. Resolutions and Ordinances re Nimmo Parkway and Sandbndge Road Princess Anne - D~stnct 7: ao Resolution to AUTHORIZE the Department of Pubhc Works to advance w~th the design of safety ilnprovelnents to Sandbridge Road b, Resolution REFERRING to the Planmng Commission a proposed Ordinance to AMEND the Comprehensive Plan pertaimng to the Master Transportation Plan to ADD a portion of Nilnlno Parkway from Atwoodtown Road east to Sandbridge Road and delete of a portion of Sandbndge Road from Atwoodtown Road east to Sandfiddler Road Co Resolution REFERRING to the Planmng Commission a proposed Ordinance to AMEND the Comprehensive Plan pertaining to the Master Transportation Plan with an ilnproved alignlnent to Sandbridge Road from Upton Drive to Atwoodtown Road do Resolution REFERRING to the Planning Commission a proposed Ordinance to AMEND the Comprehensive Plan pertalmng to the Master Transportation Plan and DELETE a portion of Sandbridge Road from Atwoodtown Road east to Sandfiddler Road with the preservation of the Nillnlno Phase VII right-of-way. K. APPOINTMENTS HUMAN RIGHTS COMMISSION THE PLANNING COUNCIL L. UNFINISHED BUSINESS M NEW BUSINESS N. ADJOURNMENT 2003 Time April 1 6 00 pm April 8 April 15 April 22 April 24 April 24 April 29 May 1 May 1 May 6 May 13 3 O0 pm to 6'OOpm 2 O0 pm to 5 O0 pm 6 O0 pm 2 00 to 5 00 pm 6 00 pm 6 00 pm Resource Management Schedule Presentation to C~t Council of FY 2003-04 Proposed Resource Management Schedule Econormc V~tahty and Cultural and Recreational Oppormmt~es RMP Workshop Quahty Education and Lifelong Learning RMP Workshop Quahty Organization RMP Workshop Safe Commumty RMP Workshop Pubhc Hearing - Proposed FY 2003-04 Resort Management Planning - Kellam High School - 6 00 P M Quahty Physical Environment Fan'uly and Youth oppormmt~es R_MP Workshop Pubhc Hearing -Proposed FY Resort Management Planning - C~ty Council Chamber - 6 00 P M Reconclhatmn Workshop C~ty Council ADOPTION FY 2003-04 Resort Management Plan City Council, in trysng to be more responsive to the needs of citizens who attend the meetings, has adopted the following time limits for future Formal Sessions: Applicant or Applicant's Representative 10 Minutes Attorney or Representative for Opposition 10 Minutes Other Speakers - each 3 Minutes Apphcant's Rebuttal 3 M~nutes THESE TIMES WILL BE STRICTLY ADHERED TO. Agenda 03/11/03/blb www vb~ov eom If you are physically disabled or visually impaired and need assistance at th~s meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephomc Device for the Deaf) OUR MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia I I March 2003 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING re CONVENTION/VISITOR DEVELOPMENT END OF YEAR WRAP-UP tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, March 11, 2003, at 1 O0 P M Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard,4 Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members ,4bsent None -2- MAYOR'S COMMENTS ITEM # 50869 Mayor Oberndorf expressed apprectatton to dames Rtcketts, Dtrector- Conventton and Vtsttor Development, and Donald Maxwell, Dtrector- Economtc Development, for thetr extraor&nary support re the teleconference wtth Matnland Chtna Mayor Oberndorf conferred with the Mayor of Da Feng. The vtdeo conference was entttled "Meet China "and ortgtnated from Beijing The conference was conducted at 6 45 ,4 M today tn the School's Etnstetn Lab March 11, 2003 -3- CITY MANAGER'S BRIEFING CONVENTION/VISITOR DEVELOPMENT END OF YEAR WRAP-UP 1:00 P.M. ITEM # 508 70 James Rtcketts, Dtrector- Conventton/Vtsttor Development Department, advtsed the market communications package, encompassing adverttstng (Nattonal Televtston Campatgn, Newspaper, Magaztnes and lnterneO, Pubhc Relattons and the collateral matertal, had been dtstrtbuted to City Council wtth thetr Agenda Over SI-MILLION tn pubhctty has been generated from the Pubhc Relations program The booklet entttled "Summer 2002/Virginia Beach Overnight Visitor Profile" was &strtbuted to Ctty Counctl Of parttcular tnterest ts the Executive Summary Page 50 deptcts a compartson of the last five (5) years Mr Rtcketts &splayed the Vtrgtnta Beach 3-mtnute promottonal vtdeo Followtng the promottonal vtdeo, several televtston commerctals and "out takes" were shown Video and Television Virginia Beach Tourism Results 2001-- A Review ·Spendtng $64 7. 9-MILLION ·Dtrect Ctty Revenue $ 53.3-MILLION ·Dtrect Ctty Expendttures $ 3Z3-MILLION · Net Dtrect Dollar Return $ 21. O-MILLION ·Tourtsm provtdes 10,251jobs tn the Ctty and 5,126 regtonally ·Tourtsm regtonal tmpact $ 1.3-BILLION *Source: 2001 Economtc Impact Study, ODU 2002 -- A Record Breaking Year (Mtlhons) ·Dtrect vtsttor spendtng ·Dtrect ctty revenue · Out of town vtsttors $ 69&1 + 7. 7% $ 61.8 +15.9% 3,043,171 + 7.8% (Mtlhons) · Hotel sales · Restaurant sales ·Retatl sales · Amusement sales ·Parttctpatory sports $ 196.8 $ 620.8 $4,197.8 $ $4.1 $ 13.9 + &7% + 8.3% + 5.4% +1&8% +11.2% March 11, 2003 -4- C I T Y MA N A G E R 'S BRIEFING CONVENTION/VISITOR DEVELOPMENT END OF YEAR WRAP-UP ITEM # 50870 (Continued) 2002 - A Record Breaking Year · Occupancy 62 4% · Room ntghts booked 2,240,169 · The Average Datly Rate $87 85 · Vbfun webstte visits 835,000 Phone~marl tnqutrtes 195,000** Source 2000 Economtc Impact Study, ODU + 47% + 20% + 66% +37 0% * *For thefirst ttme, tnqutres have exceeded I-MILLION. Hampton Roads was the only regton to expertence an tncrease tn occupancy (60 9%) and Average Datly Rate Mr Rtcketts referenced charts encompassing the past five years Total Direct Spending, Direct City Revenue, Total Out of Town Visitors, Hotel/Restaurant/Retail/Amusement/Participatory Sports, Sales Reports and Average Daily Rate Trend. Source TIA Our market and our competition National Trends ·Internattonal and domesttc travel will not recover unttl late 2004-2005 ·Bustness travel conttnues to dechne (-4 3%) ·Desttnattons dependent on tnternattonal markets most negattvely tmpacted ·Desttnattons more dependent on drtve market less affected Source TIA Leisure Travel Forecast .Predtctton Letsure travel up 2% More trtpa cloaer to home More automobde travel Seek "emotwnal connection" travel by v~a~tmg fr~end& relatives March 11, 2003 -5- C I T Y MA N A G E R 'S BRIEFING CONVENTION/VISITOR DEVELOPMENT END OF YEAR WRAP-UP ITEM # 50870 (Continued) Mayor Oberndorf advtsed the U S Conference of Mayors ts conducttng a spectal Lobby Day and members wtll be conferrtng with representattves of the General Assembly re tourtsm Source Virginia Beach Demographics · Married ·Wtth children · Average HousehoM Income · $100, 000+ Household Income ·Spendtng per party · Average age 1992 2002 67 8% 74 4% 53 1% 58 2% $55,316 $ 74, 678 8 6% 23 1% $ 891 $ 1,434 38 0 42 0 1992-2002 Summer Overnight Visitor Profiles, ODU Virginia Beach Visitor Characteristics · Length of stay (mghts) · People per party · Repeat vtsttatton · Arrive by auto · Advance reservattons 1992 2002 45 47 36 38 68 0% 78 0% 95 8% 95 2% 71 1% 84 3% Source' 1992-2002 Summer Overmght Vtsttor Profiles, ODU Among the over 3-MILLIONout-of-town visitors to Virginia Beach, 58% of visitation; 51% of spending and 65% of room nights booked occurs between September and May. &nce 1997, out-of-town visitation increased Spring 14. 7% Summer 12.9% Fall 21.8% Winter 41. 7% How some others did last year. 2001 2002 · Myrtle Beach ADR $69 3 7 $ 71 17* -Occupancy 56 1% 57 4%* · Orlando ADR $8 7 29 $86 16 -Occupancy 63 7% 62 6% · Daytona ADR $85 33 $91 14 -Occupancy 57 0% 54 2% *11 Months March 11, 2003 -6- CITY MA N A G E R 'S BRIEFING CONVENTION/VISITOR DEVELOPMENT END OF YEAR WRAP-UP ITEM # 508 70 (Continued) Key accomplishments Projects and Tourism Initiatives Over A Decade qf Achtevement · Resort tnfrastructure tmprovements ·Btg Beach -- new boardwalk ·Amphttheater and oceanfront entertatnment venues · SportsPlex · Golfcourses ·Shopptng opportuntttes Product Development ·Developtng the Vtsttor Expertence · Beach Street USA ·Entertatnment and Beach Events programs · Eco-Tourtsm Chesapeake Bay Center Rockfish Tournament Virginia Blrdtng Tratl · Sports Markettng · Rock n Roll ~ Marathon ·Amertcan Mustc Festtval · Whale Watchtng · Hohday Ltghts · Beach Behavtor ·Regtonal Package Programs Convention Marketing · 2001 booktngs= 151 -37,622 delegates, 55,723 room ntghts -Revenue booked $16 9-MILLION · 2002 boolangs = 143 -62,527 delegates, 86,092 room ntghts -Revenue booked $28 I-MILLION March 11, 2003 -7- C I T Y MA N A G E R 'S BRIEFING CONVENTION/VISITOR DEVELOPMENT END OF YEAR WRAP-UP ITEM # 50870 (Continued) Group Tour and Travel Industry Sales · 2001 room ntghts' 74,367 · 2002 room ntghts: 89, 722 Mr Rtcketts advtsed re the 2002 Sports Markettng, twenty (20) events were hosted wtth 54, 9 72 athletes Thts resulted tn 68, 978 room ntghts and $1.6-MILLION in direct spending 2002 Bids Awarded · AA Uduntor Olymptc Games · Little League World Congress · USA Field Hockey Indoor Tournament · AA U Boy's Basketball 12 & Under National Championshtp · USA Judo Sentor Nattonal Champtonshtp 2003 Marquee Sports Events ·Nattonal Sensor Games - 12,000 athletes · Rock 'n' Roll ~ Marathon - 17, 000 athletes ·Nattonal Htgh School Wresthng Coaches Assoctatton- 1,700 athletes · AA U Gtrls Basketball 15 and Under Champtonshtps- 1,200 athletes Mr Rtcketts advtsed Golf Rounds booked in 2002 increased stgntficantly to 67,614. Through February 8, 2003, the City has booked 4,646packages. Mr Rtcketts cited the Vtsttor Center tmprovements telecommuntcattons plan, extertor tdenttficatton and dtrecttonal stgns, tmproved butldtng securtty, renovattons to exterior and upgrades to tntertor Mr Rtcketts advtsed the runners parttctpattng tn the Rock-n-Roll ~ Marathon tncreased to 17, 000 Ron Kuhlman, Dtrector of Markettng, advtsed the Ctty's room and meal tax ss comparable to Orlando, but htgher than Ocean Ctty Relattve funds from the State, the co-operattve fund has been cut stgntficantly The State fundtng has been decreased from $20-MILLION to $9 &MILLIONth the last three or four years Mr Kuhlman has not seen the final reconcthatton of the Budget from Rtchmond, however, the core adverttstng budget from Vtrgtnta Tourtst Corporation has been slashed by another $500,000 The co-operattveprogram wtll be more grant ortented, wtth a "dollar per dollar" match rather than a percentage basts March 11, 2003 -8- C I T Y MA N A G E R 'S BRIEFING CONVENTION/VISITOR DEVELOPMENT END OF YEAR WRAP-UP ITEM # 508 70 (Continued) Mr Kuhlman stated the programs submttted for grants are the Rock-n-Roll ~ Marathon, the dotnt Markettng Program between Norfolk, Vtrgtnta Beach and Hampton, Golf Program and Afrtcan-Amertcan Herttage Program for whtch a $17,000 grant has been recetved Mr Rtcketts referenced the booktng pohcy at the Pavthon Etghteen (18) months from any given date, the Conventton Sales staff have control over booktng conventtons tnto a facthty Wtthtn that 18-month pertod, the local events, consumer shows, banquets and receptions, can book for the followmg year If the conventtons entatl 1,000 room ntghts, then long term dates wtll be provtded t e Shrtners (recurrtng every two years) Wtth the new Convention Center, the staff wtshes to matntatn thts 18-month pertod, however, there ts pressure to reduce thts ttme Also, the mtntmum of l, O00 room ntghts mtght be tncreased to 2, 000 The only excepttons to thts room-ntght mtntmum would be the top consumer shows (boat and car shows) whtch result tn constderable operating revenue to the facthty These are protected on a long term basts and are normally not at a ttme whtch confltcts wtth conventton bustness Mr Rtcketts advised a presentation wtll be gtven Ctty Counctl on Aprtl Ftrst, accompanted by the Facthtator, re the strategtc dtrectton of Conventton and Vtsttor Development and the ahgnment of the Department wtth the new Conventton Center and the tourtsm industry Palmer Farley, Chatrman of the Board and Chtef Executtve Officer - Barker, Campbell Farley & Mansfield, relattve the "generatton xy" market, advised one of the first prtortttes ts to revtew the research and determtne the market segments As the populatton gets older, the younger segment needs to be attracted to the Ctty The amphttheater and some of the events programs are geared toward the younger market Conventtons that create the buytng tnterest from that segment also asstst tn creattng repeat vtsttatton to the area Mayor Oberndorf expressed apprectatton to Mr Rtcketts and staff for the excellent report March 11, 2003 -9- C I T Y MA N A G E R 'S BRIEFING VIRGINIA BEA CH ECONOMIC DEVELOPMENT AUTHORITY 1:55 P.M. ITEM # 508 71 Donald Maxwell, Dtrector of Economtc Development, introduced Robert Jones, Chatr- Development Authortty, who conducted the presentatton on behalf of the Authority Chatrman Jones recogntzed the Vtrgtnta Beach Development Authortty members tn attendance Donald delhg Vtce Chatr Teresa Carrtngton Asststant Secretary Robert Fentress Treasurer Douglas Elhs Page Lea Mr Jones also expressed apprectatton to Cynthta Whttbred-Spanouhs, APR - Strategy and Performance Coordtnator- Economtc Development The Authortty has been engaged tn sertous reflectton on thetr past, present and future and ss taktng sertously tts role tn the economtc vttahty of the Ctty Mr Jones recogntzed the dedtcated efforts and pleasure of worktng wtth Don Maxwell -Dtrector of Economtc Development, and hts staff, as well as Asststant Ctty Attorney's Gary Fentress and Carol Hahn The Authortty has also benefitted greatly from the tnvolvement and support of Vice Mayor Louts Jones and Counctl Lady Margaret Eure, Ctty Counctl's Ltatsons Mission To Expand the tax base through increased business investment The Vtrgtnta Beach Development Authortty was created tn 1964, tn response to the tntttattve of Congress to create tax free bonds to encourage tndustrtal development across the country Enabhng legtslatton of the General Assembly, (Tttle 15 2 of he Code of Vtrgtnta) created the Authortty as a pohttcal subdtvtston of the Commonwealth Its powers are set forth tn the Code of Vtrgtnta rather than the Ctty Code Under the legtslatton, the Authortty ss charged wtth the responstbthty of certtfytng bonds obtamed by vartous bustnesses and non-profit organtzattons from private lenders, subject to the approval of Ctty Counctl The Ctty thus tncurred no habthty, the Authortty collected alee, the lender earned alee and the bond purchaser pard no tax on the interest It was an all around wtn-wtn program This arrangement was substantially altered wtth the Tax Rehef Act of 1986-1987 when Congress ratsed the bar for the quahficattons to tssue the Tax Free Revenue Bonds Now the Authority devotes a small amount of time to thts acttvtty and the revenue stream from st has chmtntshed accordtngly Notwtthstanchng, the authortztng legtslatton rematns tn place tn the Code of Vtrgtnta March 11, 2003 -10- CITY MANAGER'S BRIEFING VIRGINIA BEACH ECONOMIC DEVELOPMENT A UTHORITY ITEM # 508 71 (Continued) Another acttvtty of the Authortty from the early days was playing the role of "developer and manager" of tndustrtal and office parks Thts dertves from the powers gtven to the Authortty by the enabhng legtslatton regar&ng the purchase and sale of land Over time, the Vtrgtnta Beach Development Authortty has facthtated the development of l, 718 acres tn 9 commerctal and tndustrtal sttes There are now 700 bustness operattons tn our parks They employ over 13,000 people and generate real estate taxes for the Ctty of $70,000,000 Obvtously, these parks have returned to the Ctty many, many ttmes the Authortty's capttal tnvestment tn them and have underwrttten the quahty of hfe for our ctttzens tn a multttude of ways Industrial/Office Parks Corporate Landing Business Park Oceana West Corporate Park Airport Industrial Park Center Pointe Office Park Lakeview Corporate Park Town Center 31~ Street Oceanfront Property Lynnhaven Industrial Park Little Creek Industrial Park In 1994, the Ctty Counctl estabhshed the Economtc Development Investment Program (EDIP), to be admtntstered by the Authortty tn coordtnatton wtth the Department of Economtc Development, wtth final approval reserved to the Counctl EDIP funds are obtained from 7 cents of the ctgarette tax and used topay for such thtngs as pubhc tnfrastructure and improvements for new or expandmg businesses Funding requtres meettng rtgorous restrtcttons adopted by Counctl, one of whtch ts an aggregate of goodpaytngjobs &nce 1994, the Authortty has commttted $14 3-MILLION of tncenttve funds to locate and expand 83 compantes to Vtrgtnta Beach These funds have leveraged $576 9-MILLION tn capttal tnvestment, and created/retatned 16, 700jobs Thts has the potenttal to increase tax revenues to the Ctty of Vtrgtnta Beach by $106 3-MILLION Between July 2000 and June 2005, the Town Center project ts projected to utthze $9-MILLION of funds approprtated for EDIP The funds are being used to provtde infrastructure improvements for the project The funds have been allocated as follows $5-MILLION tn FY 00/01, $2-MILLION tn FY 02/03, SI- MILLION tn FY 03/04 and SI-MILLION tn FY 04/05 Prevtous unspent approprtattons absorbed the $5 MILLION allocatton Allocattons to Town Center for FY 02/03, FY 03/04 and FY 04/05 will utthze current approprtattons and thus deplete the fundtng that wouM otherwtse be used to attract~retain economtc development wtthtn Vtrgtnta Beach The Authortty, under the powers granted tt tn the General Assembly's enabhng legtslatton, serves the Ctty as the vehtcle for a number of other projects such as the followtng Virginia Beach Amphitheater Virginia Beach Sportsplex Social Services Office Building TPC Virginia Beach Golf Course Heron Ridge Golf Course Town Center Parking Garage March 11, 2003 -11- C I T Y MA N A G E R 'S BRIEFING VIRGINIA BEA CH ECONOMIC DEVELOPMENT A UTHORITY ITEM # 508 71 (Continued) In addttton, the Authortty has parttctpated tn a number of other on-gotng economtc development projects that wtll enhance our Ctty and tts tax base, such as the followtng Town Center Phase H 31~ Street Four Star Hotel Northhampton Boulevard Corridor Study TPC/First Tee Golf Facility Hampton Roads Technology Incubator Lynnhaven Mall Expansion Rudee Loop Convergence Center office park off Bonney Road Vtrgtma Beach ts a member of a a select group of 7% of mumctpahttes tn the country that actually expertenced economtc growth tn 2002 January 2002-December 2002 · Located 3 7 New Businesses · Expanded 39 Existing Businesses · Created 2,533 New Jobs · $77,892,600 in New Capital Investment · Paid Off$10, O00, O00 in Bank Loans · Opened Town Center Phase I · Sold 16.015 acres 2003 wtll be even stronger wtth the recent announcement that Stthl wtll tnvest over $60-MILLION in Virginia Beach and add 200jobs Important plans are now movtngforward that wtll favorably tmpact the Town Center development report for 2003. Mr Jones expressed apprectatton to Ctty Counctl for tts recent approval of the debt restructurtng between the Ctty and the VBDA Approval allows the VBDA to 1) repay a portion of the outstandtng loan as land sales occur and 2) apply a portton of the net proceeds from land sales to fund tnfrastructure requtrements and strategtc land acqutstttons to supplement the VBDA 's current land tnventor The Authortty members devoted Frtday, November 1, 2002, to reflect on the future of economic development tn the Ctty. The Ctty ts betng well served by seven very capable, involved and commttted ctttzens who have an extenstve network of contacts and tnformatton sources not only tn Vtrgtnta Beach but throughout the regton, tndeed the natron We have an Authortty that takes the interest of the Ctty very sertously and they brtng a great deal of expertence to the table If there ts one word that captures thetr outlook, tt ts "proacttve" Instead of just watttngfor events to unfold and come before them, the Authority members destre to use thetr analyttcal sktlls and bustness expertence to address the crtttcal pathways to new and unsustatned growth tn the economtc future of Vtrgtnta Beach A Strategy for Future Accomplishment · Expand and Dtverstfy Local Economy · Attract New Targeted Businesses for Capttal Investment and Htgh Paytng Jobs · Nurture Extsttng Bustnesses -Prosper and Expand -Quahty Jobs wtth Htgher Incomes -Sustatn Low Tax Rates -Enhance Quahty of Ltfe March 11, 2003 - 12- C I T Y M ,4 N ,4 G E R 'S BRIEFING VIR GINI,4 BE,4 CH ECONOMIC DEVELOPMENT,4 UTHORITY ITEM # 508 71 (Continued) ,4 Strategy for the Future ,4ccomplishment "Proactive" · Early Involvement of VBDA tn Planmng Process · Southeastern Parkway and Greenbelt constructton ·Acqutrtng and Preservtng Strategtc Land · Recychng Land to Htgher Use · Continued l, Vorkforce Development Last Wednesday, March 5, 2003, tn a meettng of the Board of Dtrectors of the Vtrgtnta Beach Dtvtston of the Chamber of Commerce, all of these matters were menttoned as primary interests of the bustness communtty The Authortty strongly supports the Southeastern Parkway and understands new studies of the economtc tmpact of the facthty show that tt would have dramattc benefit for both Vtrgmta Beach and Chesapeake, as well as the regton In hght of the results of the bond referendum, tt ts clear the muntctpahttes tnvolved wtll have to be creattve tn tmplementtng such a major project ,4 Strategy for Future ,4ccomplishment "Communication" ·Ctty Counctl Ltatsons ·Ctty Councd ·Extsttng Bustnesses · New Bustnesses ·Regtonal Counterparts Vtrgtnta Beach has a Development Authortty whtch ts glad to be at Counctl's service tn brtngtng tts considerable resources and talents to bear on analyztng, clartfytng andprtortttztng strategtes for enhanctng the economtc strength of the Ctty tn the projectsjust menttoned as well as others If the Ctty Counctl gtves the Authortty the task of addresstngparttcular questtons tn economtc development, the Authortty wtll readtly respond The Authortty looks forward to Counctl's tntttattves tn these and other matters wlth full utthzatton of the Development Authortty Wtth the close coordtnatton of Ctty Counctl and the Development Authortty, the future can agatn be stamped MISSION POSSIBLE. Coptes of thts report shall be furntshed to Ctty Counctl Relattve the Vtrgtnta Beach Development Authortty's correspondence to Senator Wagner concermng expanston wtthout first advtstng Ctty Counctl prtor to the General Assembly, Mr Jones advised the Authortty serves at the pleasure of Ctty Counctl Mr Jones apologtzed as the sttuatton became dtsjotnted and the Authortty was not trytng to upstage the City Counctl The Mayor and Ctty Counctl expressed apprectatton to the Vtrgtnta Beach Development Authortty March 11, 2003 - 13- C I T Y MA N A G E R 'S BRIEFING LIFENET 2:20 P.M. ITEM # 508 72 Donald Maxwell, Dtrector of Economic Development, advtsed LifeNet ts an extsttng Vtrgtnta Beach Company Thetr retentton and expansion wtll represent approxtmately a $40-MILLION tnvestment Mr Maxwell tntroduced Patrtck Thompson, Vtce Prestdent, Corporate Support and Chtef Admtmstrattve Officer, Randy Lyle and Roger NewtlL Lyle Design Group, and A ttorney Ertc Hauser, LifeNet's legal representattve LifeNet ts the largest free standing organ and ttssue bank tn the Untted States LifeNet ts a "Homegrown" Vtrgtnta Beach Company, which has been tn operatton wtthtn the Cttyfor over twenty (20) years LifeNet's mtsston ts to tmprove the quahty of human hfe through theprovtston of organs and tissue for transplantatton and to serve the communtty by providing educational and support servtces LifeNet ts a 501 (c) 3, non-profit orgamzatton and does notpay BPOL or sales taxes However, LifeNet does not pay real estate andpersonal property taxes LifeNet ts currently tn three (expandtng to four) locattons tn Atrport Industrtal Park, totahng approxtmately 105, 000 square feet in office and chntcal space Site Selection · LtfeNet performed a regtonal search -(Vtrgtnta Beach, Chesapeake, Norfolk, &Rtchmond) ·Matntatn close proxtmtty to an atrport -Norfolk Internattonal Atrport ts the Hampton Roads atrport ·Matntatn close proxtmtty to thetr workforce · I-I (hght tndustrta0 condtttonal zontng requtred · LtfeNet has an tmmedtate need to develop a newfacthty · After revtewtng vartous sttes, the ctty-owned land located at Prtncess Anne Road & Concert Drtve, was determtned to fit thetr needs The stte selected ts located tn Princess Anne Commons, on the corner of Prtncess Anne Road and Concert Drtve The stte ts comprtsed of approxtmately 22 39 acres, currently zoned R-5D The conttguous properttes are the Vtrgtnta Beach Htgher Educatton facthty, Southeastern Pubhc Servtce Authortty, Pubhc Works, Pubhc Utthttes Maintenance Yard, Farmer's Market Stte and Landstown Court The Deal Sale of approxtmately 15 82/ac to LtfeNet for thetr tmmedtate development needs -Sale prtce of $125, O00/ac = $1,977,500 total Optton the 6 57/ac balance of the property for their future development needs -Base sale price of $I25,000/ac=$821,250 total (Also includes an annual CIP escalator not represented tn base prtce) March 11, 2003 - 14- CITY MANAGER'S BRIEFING LIFENET ITEM # 50872 (Continued) The Deal (Continued) · LtfeNet shah develop theproperty and optton parcel only for tts operattons The ctty wdl prepare the necessary subdtvtston plat to subdtvtde the property -Survey prepared by the ctty The ctty, wtth the asststance of LtfeNet, wtll be submttttng the rezomng apphcatton. The clostng of the sale ts condtttonal on LtfeNet obtatntng approprtate rezontng of the property and the optton parcel to allow its contemplated use, whtch ts a Condtttonal I-1 (hght mdustrtaO use The Ctty shall subject the property and the optton parcel to condtttonal rezomng This wtll requtre certatn destgn crtterta that chctate the layout of the site and the butl&ng archttecture Proffers bemg offered wtll ensure quahty constructton that takes mto constderatton both the Prtncess Anne Commons Destgn Gutdehnes and the Prtncess Anne Road Study Thts ts conststent with Ctty Counctl's vtston for development tn thts corrtdor LtfeNet wtll submtt "plans" to the Dtrector of Planmng for review and approval pmor to the start of constructton Lt. feNet wtll utthze the regtonal stormwater management facthty (the "BMP") to the east of Rosemont Rd for thetr stormwater needs Constructton Schedule- The ctty wtll requtre stte, butl&ng and landscape plans for the first approxtmately 29, 000 sq fi of clean rooms and office space to be developed wtthtn 8 months of clostng on the 15 82/ac parcel Reverter- The Ctty has the optton to repurchase the property at the same prtce pard tn the event Lt. feNet fatls to co~nmence constructton as set forth tn the term sheet Exerctse of Optton- LtfeNet wtH have 5years from the ttme tt closes on the 15 82/ac to exerctse tts optton It wtll have a first rtght of refusal for years 6-10 The first phase of development must be complete before the optton can be exerctsed LtfeNet must provide construction plans, whtch demonstrate the need for the addtttonal 6 57/ac March 11, 2003 -15- C I T Y MA N A G E R 'S BRIEFING LIFENET ITEM # 50872 (Continued) The Deal (Continued) Rtght to Repurchase- The Ctty shall have the optton to repurchase any undeveloped portton of the proper~y and optton parcel, for a pertod of 10 years, tn the event LtfeNet fatls to develop "theproperty" as set forth tn tts various plans The Ct(y has the rtght to repurchase the unused portton of "the property" at the ortgtnal prtce tn whtch tt was sold tn years 1-5, and tn years 6-10, tt would pay the ortgtnal prtce tn addttton to an annual tncrease based on the CPI Phase Development Phase Date Type of Sq Ft Land and Employment Development Building Investment 1 January 2004 Clean Rooms 37,384 $11,849,220 40 2 July 2005 Office Space 45,646 $ 9,587,092 152 3 January 2007 Office Space 15, 746 $ 3,220,635 78 4 January 2010 Clean Rooms and 31,536 $ 9,175, 969 90 Office Space 5 January 2012 Office Space 34,245 $ 5,513,814 174 Total 164, 560 $ 39, 346, 730 534 LlfeNet's Facility · Phase 1' · Phase 2 · Phase 3. · Phase 4 · Phase 5. 8 Clean Rooms, Sterthzatton, Packagtng and Decontamtnatton areas Admtntstrattve Offices, R&D, Freezers, and Dtstrtbutton Ttssue Development Offices and Quahty Assurance 14 Clean Rooms and Support Warehouse Offices and Support Warehouse March 11, 2003 -16- C I T Y MA N A G E R 'S BRIEFING LIFENET ITEM # 50872 (Continued) LtfeNet currently has 33 7 employees tn Vtrgtnta Beach and a total of 393 tn all thetr locattons The average annual salartes, mcludmg benefits, are $56,224 tn Vtrgtnta Beach (Total current salartes tn Vtrgtnta Beach tncludtng benefits are $14,727,00) These postttons tnclude a vartety of both chmcal and administrative postttons Employment levels are anttctpated to tncrease by one hundred (100) new jobs over the next thtrty (30) months wtth ulttmate employment levels reachtng 534 after all five (5) phases are complete over a term of 7-9 years Along wtth LtfeNet's capttal tnvestment of $21 4-MILLION assoctated wtth the land development wtthtn the first thtrty (30) months, there ts also a substanttal amount of capttal tnvestment cost assoctated wtth furntture fixtures and equipment $12,4 73,000 The Virginia Beach Development Authority wtll constder LtfeNet for a posstble Economtc Development Investment Program (EDIP) grant (amount has not been dectded) An affirmative three-fourths vote of City Council is required to proceed with the property sale under Section 15.2-2100 of the Code of Virginia (1950), as amended. Project Time Line City Council Excess property Declaration Planning Commission Rezoning City Council Rezoning LifeNet will close on the property as soon as possible after April 22, 2003 March 25, 2003 April 9, 2003 April 22, 2003 (Date to be determined) Mr Maxwell &splayed the four final designs Two stteplans reflect the conceptual design for Phases 1 and 2 The structure wall pnmardy be comprtsed of masonry, glass and some alummum bands to have conststency wtth the htgher educatton center and other academic structures The destgn for Phases 3, 4 and 5 wall be attached to the structure Patrick Thompson, Vice President, Corporate Support and Chtef Admtmstrattve Officer, advtsed LtfeNet as a "homegrown Virgtnta Beach orgamzatton" has always had the destre to remain tn the Ctty LtfeNet ts under an extreme ttme constratnt March 11, 2003 -17- C I T Y MA N A G E R 'S BRIEFING STRIVING FOR EXCELLENCE 3:15 P.M. ITEM # 508 73 The Ctty Manager referenced the Striving for Excellence, Virginia Beach: A Quality Government Organization report The annual report documents tntttattves both large and small, tangtble and tntangtble, whtch reflects the Cay's organtzattonal values and contrtbutes to the conttnued success of the Vtrgtnta Beach Quahty Servtce Systems The hundreds of tmprovements made by Ctty departments tn the years 2002 resulted tn $2.3-MILLION worth of savings in City expenditures $3.5-MILLION in costs avoided $900,000 in new revenue Significant improvements to City programs and services There were stxty (60) technology tmprovements tmplemented An Efficient and Effective Government pamphlet was &strtbuted contatmng "bullet potnts" of thts report Concerntng cost savtngs and reducttons, the Ctty Manager advtsed a stx-part program wtll be revealed on Aprtl Ftrst wtth the presentatton of the Resource Management Plan, t e restructurmg the organtzatton, consohdatton of funds, ehmtnatton of postttons, dropptng back on some servtce levels, conttnutng utthzatton of technology, restructurtng the debt to take advantage of the lower tnterest costs, lengthen the work week Council Lady McClanan expressed concern relative the pubhc presentatton of the report given by Susan Walston, Chtef of Staff, and Fagan Stackhouse, Dtrector of Human Servtces, to Counctl Members Assumpttons betng proposed tn developtng the budget should be shared wtth the ctttzens and employees The Ctty Manger advtsed on Aprtl Ftrst, thts presentatton wtll be made The Ctty Manager advtsed of an obhgatton to present the Operattng Budget to the Ctty Counctl, prtor to employees There are ten (1 O) meettngs scheduled (8 more than the other ctttes tn the Regton) to dtscuss the Resource Management Plan Mayor Oberndorf advtsed she became a Counctl Member tn 1976, wtth George Hanbury, as Ctty Manager Then, Members of City Counctl were tnvtted to attend the tndtvtdual Department Dtrectors ' heartng on their Operattng Budgets Aubrey Watts, Ctty Manager, followed the same procedure Members of Ctty Counctl requested more ttme to revtew all departments tn the Ctty, tn order for the Members to query concermng ttems funded and not funded Mayor Oberndorf ts confident all votces wtll be heard Thts ts a Ctty Manager form of government March 11, 2003 - 18- ,4 GEND,4 RE VIE W SESSION 3:15 P.M. ITEM # 508 74 I1 Or&nances to ,4MEND the Ctty Code re time limits for speakers at Ctty Counctl Sesstons and CITY POLICY governtng same b Planmng Items the apphcant, or representattve of the apphcant, ten (1 O) mtnutes and three (3) minutes for rebuttal All otherpersons speaktng tn support of the apphcatton three (3) mtnutes Opponent's attorney or professtonal representattve ten (I0) mmutes All other opponents of an apphcatton three (3) mtnutes All regular Agenda ttems three (3) mtnutes Counctl Lady McClanan will vote NAY on this ttem Counctl Lady McClanan expressed concern relattve the Ctty Counctl wtshed to have a more open procedure and durtng the Ctty Counctl Session of March 4, 2003, the pubhc was "locked out" as the doors to Ctty Hall were secured early Mayor Oberndorf advtsed thts was an unfortunate sttuatton tnvolvtng an employee attempttng to provtde addtttonal safety She apologtzed to the parent ora proposed Eagle Scout Councilman Maddox advised the City Hall doors being locked was an honest sttuatton However, he dtd support an open mike for ctttzens to speak "once a month" Counctlman Wood advtsed recetpt of an e-mad requesttng to speak on thts ttem ITEM # 508 75 12 Or&nance,4 UTHORIZING the Ctty Manger to lease Space Number I at the Farmers Market to Fred Jordan re "The Nesttng Box" Jack Whitney Director of Agriculture, advtsed Counctl Lady Eure, this was a fine business and constituted btrd feeders, houses and supphes 14 ITEM # 50876 Resolutton to EST,4BLISH the Southeastern Parkway/Greenbelt, tncludtng cost parttctpatton wtth Vtrgtnta Department of Transportatton (VDOT) for an Envtronmental Impact Study (EIS), prehmtnary destgn and hmtted rtght-of-way acqutsttton for the project, from 1-64 at Oak Grove Connector to 1-264 at Great Neck Creek As there will be speakers regtstered, thts ttem wtll be &scussed tn the Formal Session March 11, 2003 - 19- AGENDA RE VIEW SESSION ITEM # 50877 BY CONSENSUS, the followzng shall compose the CONSENT AGENDA: 12 Ordtnance AUTHORIZING the Ctty Manger to lease Space Number 1 at the Farmers Market to Fred Jordan re "The Nesttng Box" 13 Ordtnance to AUTHORIZE acqutsttton of a temporary constructton easement for Prtncess Anne Road and Brandywtne Drive traffic stgnal by agreement or condemnatton (DISTRICT 2 - KEMPSVILLE) March 11, 2003 - 20 - AGENDA RE VIE W SESSION ITEM # 508 78 J1 Petttton of Town Center Associates, L.L.C. for dtsconttnuance, closure and abandonment of a portion of Columbus Street and Town Center Drtve (Block 10 of Town Center), contatntng 144 square feet to accommodate the 342-umt apartment complex (DISTRICT $ - L YNNHA FEN) Council Lady McClanan will vote NAY as she does not support the apartments Counctlman Jones DISCLOSED and will ABSTAIN as he has an ownershtp tnterest tn Resource Bank, whtch exceeds three percent of tts total equtty Resource Bank has entered tnto a parttctpatton agreement wtth Monarch Bank for a hne of credtt to Armada Hoffler Properttes It ts hkely that Armada Hoffler Properttes wtll manage the Town Center for theproject's developer, Town Center Assoctates Also, Resource Bank ts tn negottatton to lease a new butldtng at the Town Center ITEM # 508 79 J 2 Apphcattonfor Salt Meadow Bay, L.L.C. (DISTRICT 6- BEACH) re Dtsconttnuance, closure and abandonment of a portton of Oakland Avenue at Barberton Drtve, contatntng 12, 552 square feet re Change ofZomng Dtstrtct Classtficatton from R- 7. 5 Restdenttal Dtstrtct to Condtttonal A-12 Apartment Dtstrtct wtth a PD-H2 overlay on South Ortole Drtve at Barberton Drtve and the closed portton of Oakland Avenue, not to exceed 12 dwelhng umts per acre, contatntng 3 53 acres Michael Barrett, Chtef Executtve Officer - Runnymede Corporatton, advtsed the same sound transmtsston eqmpment wtll be tn both the apartments and condomtmums ITEM # 50880 .13 Apphcatton for New Life Christian Fellowship (DISTRICT 2 - KEMPSVILLE) re Change of Zomng Dtstrtct Classtficatton from I-1 Light Industrial Dtstrtct to 0-1 Office Distrtct for office land use at Bustness Park Drtve and Greenwtch Road (149 Bustness Park Drtve), contatn tng 43,167 square feet re Condtttonal Use Permtt re a church at Bustness Park Drtve and Greenwtch Road (149 Bustness Park Drtve), contatmng 43,167square feet Mayor Oberndorf referenced letters of concern from property owners on Bustness Park Drtve Counctlman Dtezel advtsed there are two bustnesses whtch have objected However, other property owners have made arrangements wtth the apphcant tn terms of parktng, etc Thts ttem wtll be dtscussed durtng the Formal Sesston March 11, 2003 - 21 - AGENDA RE VIEW SESSION ITEM # 50881 ,15 Apphcatton for The Home Depot USA for a Condtttonal Use Permit re bulk storage for outdoor drtve-through seasonal sales at 2020 Lynnhaven Parkway, contatntng 13 93 acres (DISTRICT 1 - CENTER VILLE) Counctl Lady Eure advtsed Home Depot has presented a number of problems, which some beheve are contrary to the ortgtnal proffers They have not been good stewards of the land tn front of the butl&ng On two other modtficattons, Home Depot, has repeatedly promtsed not to have the sales items cluttertng the front of the butldtng Ctty staff ts now revtewmg those proffers and modtficattons Counctl Lady Eure requested a two week deferral An ad&tional con&tton might be necessary ITEM # 50882 BY CONSENSUS, the followtng shall compose the PLANNING BY CONSENT AGENDA ,11 Petttton of Town Center Associates, L.L.C. for dtsconttnuance, closure and abandonment ora portton of Columbus Street and Town Center Drtve (Block 10 of Town Center), contatntng 144 square feet to accommodate the 342-untt apartment complex (DISTRICT 5 - L YNNHA VEN) J 2 Apphcatton for Salt Meadow Bay, L.L.C. (DISTRICT 6 - BEACH) go re Dtsconttnuance, closure and abandonment of a portton of Oakland Avenue at Barberton Drtve, containing 12, 552 square feet re Change of Zomng Dtstrtct Classtficatton from R-7.5 Restdenttal Dtstrtct to Condtttonal A-12 Apartment Dtstrtct wtth a PD-H2 overlay on South Ortole Drtve at Barberton Drtve and the closed portton of Oakland Avenue, not to exceed 12 dwelhng umts per acre, contatmng 3 53 acres ,14 Apphcatton of Jack Rabbit Self-Storage~College Park, L.L.C. for a MODIFICATION of a Con&ttonal Use Permtt re stte destgn for a mtnt- warehouse (approved by Ctty Counctl on September 25, 2001), at Provtdence Road and Woodstock Road (5950 Provtdence Road), contatntng 4 39 acres (DISTRICT 2 - KEMPSVILLE) ,16 Apphcatton for Import Concepts Auto Repair, Inc re Condtttonal Use Permtt for auto repair at Sykes Avenue and Vtrgtnta Beach Boulevard (141 Sykes Avenue), contamtng 42, 950 square feet (DISTRICT 6 -BEACH) ,17 Apphcatton for Virginia Beach Pembroke Congregation of Jehovah's Witnesses re Conchttonal Use Permtt for a church at Dtamond Sprtngs Road and Shurney Lane, contatntng 2 07 acres (DISTRICT4 - BA YSIDE) March 11, 2003 - 22 - AGENDA RE VIEW SESSION ITEM # 50882 (Continued) J8 Apphcatton for Triton PCS/Suncom re Condtttonal Use Permit for a 94- foot communtcatton tower at Snow Goose Lane and Hawks Nest Way (1400 Snow Goose Lane), contatnmg 11 69 acres (DISTRICT5 - L YNNHA VEN) J9 Apphcatton for Eagles Flight, L.L.C. re Change of Zomng Dtstrtct Classtficatton from A-12 Apartment Dtstrtct to Condtttonal B-2 Communtty Bustness Dtstrtct to expand an extsttng motorcycle sales and servtce at North Wttchduck Road and Rtchard Road (385 Wttchduck Road), contatntng 2 019 acres (DISTRICT 4 - BA YSIDE) dlOa Resolutton to ,4 UTHORIZE the Department of Pubhc Works to advance wtth the destgn of safety tmprovements to Sandbrtdge Road PRINCESS ANNE - DISTRICT 7 Counctl Lady McClanan wtll vote NAY on Item J 1 Counctlman Jones DISCLOSED and wtll ABSTAIN on Item J. 1. Re Item d l Oa , the Ctttzens Advtsory Council shah brtng these safety tmprovements back to Ctty Counctl for revtew March I1, 2003 - 23 - CITY COUNCIL COMMENTS 3:38 P.M. ITEM # 50883 Mayor Oberndorf referenced a ctttzen tnqutry of her at the King Neptune Reception relattve the mantfolds for telephone company servtce be placed on School property, thus allowtng the Schools to collect thts rent as opposed to plactng them on prtvate property or near netghborhood homes The Ctty Manager advtsed thts alternattve has been revtewed and resulted tn placement at Cox Htgh School Counctl Lady Wilson advtsed these rental funds go dzrectly to the technology fund for the Schools' utthzatton Counctl Lady Eure advtsed thts rental revenue was approxtmately $60,000 annually Counctl Lady Wtlson advtsed, because of safety concerns, these are not placed on elementary school properties ITEM # 50884 Counctl Lady McClanan re~ferenced the City of Virginia Beach Code of Ethics dtstrtbuted to Ctty Counctl If an tndtvtdual ss vtolattng these pohctes, tn what manner and to whom are these vtolattons addressed? Council Lady McClanan comphmented the pubhcatton and was only concerned relattve the offictal path to follow Susan Walston, Chtef of Staff, advtsed tf the tndtvtdual ss not comfortable deahng through thetr Supervtsor, or chatn of command, the potnt of contact for questtons and concerns ss the Human Resources Department/ Dtvtston- Employee Relattons A format ts betng developed to determtne tf there ss the necessttyfor a more formahzed "cleartng house" There are three "key" potnts for questtons and concerns Ctty Attorney's Office, Human Resources and the Audtt Servtces Department Blatant offenses such as mtsuse of funds, fraud, etc, go dtrectly through the Legal process or Audtt Servtces for tnvesttgatton ITEM # 50885 Mayor Oberndorf advtsed the US Conference of Mayors'newspaper pubhshed the enttre story of the International Sister Cities Music Festival ITEM # 50886 Mayor Oberndorf referenced correspondence from Chatrman Dan Edwards- Vtrgtnta Beach School Board reproposal requesttng $548,221,228 ($18. 7-MILLIONabove formula). Mr Edwards requested a response by March 25, 2003, tf the Ctty could not afford thts proposal The School Board needs to take the approprtate steps entatled tn the Formula to request a tax increase Thts request would be forwarded to Ctty Counctl Mayor Oberndorf advtsed the Chatrman stated all of the teacher salary tncreases wtthtn the last three years were dertved from Ctty fundtng No funchng from the State was avatlable for these mcreases March 11, 2003 - 24 - CITY COUNCIL COMMENTS ITEM # 50886 (Continued) Counctl Lady Wtlson advtsed there ts $20-MILLION m fundtng (recommended by the Formula) which wtll be gotng to the Vtrgtnta Beach Schools Schools are requesttng an addtttonal $19-MILLION above thts To fund the projects tn the Capttal Improvement Program for twenty years, the Ctty Manager advtsed thts would entatl a cost of approxtmately $30-MILLION The Ctty ts $15-MILLION short on their own Operating Budget. Counctl Lady Eure and Counctl Member Vtllanueva met wtth the School Modermzatton Committee last week The Moderntzatton Program ts ahead of schedule Elementary schools have been modermzed and replaced Moderntzatton of the Mtddle and Htgh Schools more than doubles the cost The Ctty Manager advtsed the 6% tncrease tn compensatton does not reflect any funds, tf allocated, provtded by the State Catheryn Whttesell, Dtrector- Resource Management, advtsed her Department has staffed all the Schools' Workshops The 2-1/2% posstble allocatton for compensation by the General Assembly, ts not mcluded tn the Schools' request for the 6% tncrease tn compensatton Schools have not expressed the manner tn whtch thts allocatton of 2-1/2% would be utthzed, tf approved by the General Assembly Counctl Lady McClanan suggested Ctty Counctl suggest to the School Board, the posstbthty of plactng the questton on a Referendum tn November asktng the ctttzenry if they are wtlhng to fund these improvements Councdman Wood requested the Ctty Manager's staff comptle tnformatton relattve Reverston Fund and coptes were dtstrtbuted to Members of City Counctl relattve when the current fundmgformula was tntttated, the amount of the average Reverston Fund and whether or not the Schools had requested amounts above the current fundtngformula In the past 5 years, one ttme Schools chd request $13.2-MILLION more than the Revenue Shartng Formula, however, Ctty Council funded the School Budget wtthtn the Formula There has been a $12. 6-MILLION annual average realized in Reversion Funds Mayor Oberndorf advtsed all of the teacher salary tncreases tn the last three (3) years were dertved from Ctty fundtng, no state fundtng was provtded Mayor Oberndorf noted Virginia Beach Middle School ts constdertng movtngfrom a 9 79-acre stte to a 20 to 24-acre site This wtll be a constderable tnvestment The Ctty Manager's staff shall prepare an Executive Summary of the dotnt Commtttees 'efforts A summary of the tssues re moderntzatton, lump sum amount, Reverston Funds, and reserve fund shall be provtded as well as tnformatton concermng the $18.7-MILLION requested above Formula The Ctty Manager shall also prepare a hst of opttons re respondtng to the School Board ITEM # 50887 The City Manager referenced the City Council Workshop scheduled for March 18, 2003. The City Manager requested because of the Consultants'travel schedule problem, tf the Workshop could commence at 2:00 P.M. and end at 5:00 P.M. rather than 4 O0 P M to 6 O0 P M Ctty Councd concurred March I I, 2003 - 25- ITEM # 50888 Mayor Meyera E Oberndorf , called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, City Hall Butldtng, on Tuesday, March 11, 2003, at 4:05 P.M. Counctl Members Present Margaret L Eure, Louts R Jones, Rtchard A Maddox, Reba S McClanan, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson, and James L Wood Counctl Members Absent Harry E Dtezel March I I, 2003 - 26- ITEM # 50889 Mayor Meyera E Oberndorf entertatned a motton to permit Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve candtdates for employment, asstgnment, appomtment, promotton, performance, demotton, salartes, dtsctphning, or restgnatton of spectficpubhc officers, appomtees, or employees pursuant to Sectton 2 2-3 711 (A) (1) To Wtt Appotntments Boards and Commtsstons Human Rtghts Commtsston The Planmng Counctl Mmortty Bustness Counctl PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where chscusston tn an open meeting would adversely affect the bargamtngposttton or negottattng strategy of the pubhc body pursuant to Sectton 2 2-3 711 (A) (3) Agrtcultural Reserve Program -Prtncess Anne Dtstrtct (two parcels) Acqutsttton/Dtsposttton of Property - Baystde Dtstrtct TownCenter Phase II Agreement LEGAL MATTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other spectfic legal matters requesttng the provtston of legal advtce by counsel pursuant to Sectton 2 1-344(A)(7) Water Control Booard Apphcatton - Trt-Ctty Properttes, LLC Oceanfront Tttle Issues/Cavaher Hotel Corporatton v City of Vtrgtma Beach Town Center Phase II Agreement Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Wtlson, Ctty Counctl voted to proceed tnto CLOSED SESSION. Vottng 10-0 Counctl Members Vottng Aye Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Harry E Dtezel (4:05 P.M. - 6:00 P.M.) March 11, 2003 -27- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL March 11, 2003 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Councd Chamber, City Hall Budding, on Tuesday, March 1], 2003, at 6 O0 P M Councd Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R clones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and dames L Wood Councd Members Absent None INVOCATION Reverend Retd Robtnett Assoctate Pastor, Sprtng Branch Commumty Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA March 11, 2003 Item V-E. 1. - 28 - CER TIFICA TION OF CLOSED SESSION ITEM # 50890 Upon motton by Counctlman Schmtdt, seconded by Counctlman Reeve, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc business matters lawfully exempted from Open Meeting requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton conventng the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach City Council Vottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None March 11, 2003 o~ OUR N/~*~°*~ RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach C~ty Council convened ~nto CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 50889, page 26, and in accordance w~th the provisions of The Virginia Freedom of Information Act; and, WHEREAS' Section 2 2-3 711 (A) of the Code ofV~rg~ma reqmres a certification by the governing body that such Closed Session was conducted in conformity with V~rglma law NOW, THEREFORE, BE IT RESOLVED. That the V~rg~ma Beach C~ty Councd hereby certifies that, to the best of each member's knowledge, (a) only pubhc bus~ness matters lawfully exempted from Open Meetxng requirements by V~rg~ma law were discussed in Closed Session to which this certfficat~on resolution apphes; and, (b) only such pubhc bus~ness matters as were ~dentffied ~n the motion convemng th~s Closed Session were heard, d~scussed or considered by V~rg~ma Beach C~ty Councd ~11~uth Hodges~m~th, MMC City Clerk March 11, 2003 Item V-F.I. - 29- MINUTES ITEM # 50891 Upon motion by Councd Lady Eure, seconded by Councdman Schmtdt, Ctty Councd APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of March 4, 2003. Vottng' 11-0 Councd Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent None March 11, 2003 - 30- Item V-F. 2. ITEM # 50892 Virginians Against Handgun Violence Chanelle Doctor, represented the Virginia Youth Advisory Council, sponsored by Virginians Against Handgun Violence, Inc. (VAHV, Inc.). VAHVts a nonprofit, nonparttsan grassroots organtzatton, whose mtsston ts to reduce gun vtolence tn Vtrgtnta All projects are made posstble by grant fundtngfrom Co/Motton and the Alhance for dusttce The Youth component of the organtzatton es entttled Ymedia, a youth empowermentprogram that ts tn Vtrgtnta Beach pubhc schools and teaches vtolence preventton sktlls through postttve youth development In September and October 2002, youth from Southstde Hampton Roads came together tn three (3)forums to dtscuss thepandemtcproblem of gun vtolence Thetr ulttmate goal was to educate young people and the commumty at large about gun vtolence tn order to close the gun show loophole A transcrtpt from the three forums entttled "Gun Vtolence How It Affects Youth and Thetr Solutions to the Problem ", was dtstrtbuted and ts hereby made apart of the record Ms Doctor tntroduced Heather M Weddtngton, her Advtsor, Emtly Spenser, Sarah Lavtlle and Tabatha Blake March 1 I, 2003 - 31 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 50893 BY CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION March 11, 2003 - 32 - Item V-H. PUBLIC HEARING ITEM # 50894 Mayor Oberndorf DECLARED A PUBLIC HEARING: Lease Agreement - Farmers Market There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. March l l, 2003 - 33 - Item V-I. 1. ORDINANCES/RES OL UTION ITEM # 50895 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl APPROVED IN ONE MOTION Items 2 and 3 of the CONSENT AGENDA. Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A VtIlanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None March 11, 2003 Item V-I. 1. - 34- ORDINANCES/RES OL UTION ITEM # 50896 Henry Ryto, 408 Jasper Court, Phone 687-8585, regtstered tn Opposttton to the three mtnute speaker hmttatton Mr Ryto has no problem with a four minute hmttatton Upon motton by Councilman Vtllanueva, seconded by Counctlman Dtezel, Ctty Counctl ADOPTED: Or&nances to AMEND the City Code re time limits for speakers at City Counctl Sesstons and CITY POLICY governtng same a Planmngltems the apphcant, or representattve of the apphcant, ten (10) mtnutes and three (3) minutes for rebuttal b All otherpersons speaktng tn support of the apphcatton three (3) mtnutes c Opponent's attorney or professtonal representattve ten (10) mtnutes d All other opponents of an apphcatton three (3) mtnutes e All regular Agenda ttems three (3) mtnutes Voting 9-2 Council Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary' Wilson and James L Wood Counctl Members Voting Nay Mayor Meyera E Oberndorf and Reba S McClanan Council Members Absent None March 11, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ORDINANCE AMENDING SECTION 2-41 OF THE CITY CODE, PERTAINING TO TIME LIMITS FOR SPEAKERS AT CITY COUNCIL MEETINGS Section Amended' City Code Section 2-41 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Section 2-41 of the City Code is hereby amended and reordained to read as follows- Sec. 2-41. Addressing council. '= ....... =' ............ j ' -- consideration ~ ~u,,~=,,= =,,= remarks upon anyo-'-'-=ectuwu to not exceeding five ' - ...... ~- - ' and no person m~nut=o, unleoo ext=,,u=d or alt=red by the council, shall speak more =,,u~, once on the same ouuu=~= at the same meetzng, ~=,,vu~ =,,= special permission of the council. Any person anticipates that his or her remarks will exceed five {5) minutes is encouraged to submit any - -~=~---' remarks ~=~=~,,=~ =- the council in ' --- -- ' ' ---1~ .... ' ' writing. Any pezoon desiring to ~u==os the council o,,~-~-'' zegiot=~ with the city clerk prior to the opening of the meeting. Time limits for speakers addressinq the City Council at its meetinqs shall be in accordance with a written policy of the City Council. Such policy shall be included on the City's internet web site, posted outside of the City Council Chambers, and published in the City Council aqenda for each regular meeting. 26 27 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11th day of March, 2003. CA-8770 wmm/ordre s / 02- 041 o rd. wpd R-6 March 5, 2003 10 11 AN ORDINANCE APPROVING AND ADOPTING A POLICY PERTAINING TO TIME LIMITS FOR SPEAKERS AT CITY COUNCIL MEETINGS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby approves and adopts the policy entitled "Time Limits for Speakers at City Council Meetings," dated March 11, 2003, which policy has been exhibited to the City Council and a true copy of which is on file in the City Clerk's Office. 12 13 Adopted by the City Council of the City of Virginia Beach, Virginia, on this llth day of March, 2003. CA-8775 wmm/ordres/speakerpolicyordin, wpd R-1 March 5, 2003 City Council Policy Title: Time Limits for Speakers at City Councd Meetings Index Number: Date of Adoption March 11, 2003 Date of Rews~on: Page 1 of 2 1.0 Purpose and Need The purpose of th~s pohcy ~s to prowde reasonable, workable t~me hm~ts for speakers at C~ty Council meetings The need for such a pohcy was determined by the C~ty Council at ~ts retreat on February 18, 2003 The pohcy ~s ~ntended to recognize and accommodate the mutual ~nterests of persons desiring to speak at C~ty Councd meetings, the value to the C~ty Councd of pubhc comment, and the need for the C~ty Councd to conduct bus~ness in an orderly, expeditious manner Th~s pohcy shall not apply to the dtscuss~on of agenda ~tems by members of the C~ty Council during C~ty Councd meetings or to C~ty Staff members acting ~n such capacity. 2.0 Time Limits 2,1 Planning Agenda Items (a) Planning Agenda items include rezonlngs, conditional zonings, conditional use permits, land use plan approvals, code and Comprehenswe Plan amendments, nonconforming use resolutions, street closures and any other ~tems for which a pubhc hearing ~s required pursuant to Chapter 22 of T~tle 15 of the V~rg~n~a Code (b) The applicant, or representative of the apphcant (generally, an attorney, professional engineer or other professional retained by the applicant) shall be allowed ten minutes for his or her imtial presentation and an additional three minutes for rebuttal ~f any opponents of the apphcat~on have spoken (1) If there is more than one apphcant (as, for example, when both the property owner and proposed developer are apphcants) or if the apphcant and representative both desire to speak, only one of them shall be allowed to speak for ten m~nutes Upon request, however, the presiding officer may allow them to d~wde their t~me equally, so long as the total t~me of their ~n~tial presentation does not exceed ten m~nutes (2) Speakers addressing the C~ty Council ~n a representative capacity shall not be allowed additional t~me ~n which to speak on h~s or her own behalf. (c) All other persons speaking in support of the application shall be allowed three minutes, and shall not be entitled to speak ~n rebuttal of any opposition comments (d) Opponents of an apphcat~on shall be allowed three minutes each. In the event the opponents are represented by an attorney, engineer or other professional whose profession ~ncludes, as a customary part thereof, appearing before governmental bodies in a representative capacity, such representative shall be allowed ten m~nutes In such cases, persons represented shall be encouraged not to prowde additional comments TItle: T~me L~m~ts for Speakers at C~ty Councd Meetings Date of Adoption' March 11, 2003 I Date of Rews~on' I Index Number: Page 2 of 2 Only one speaker ~n oppos~bon to the apphcabon shall be allowed ten m~nutes to speak If there ~s more than one representatwe described ~n subsecbon (d), only one of them shall be allowed to speak for ten m~nutes Upon request, however, the presiding officer may allow them to dw~de their brae equally, so long as the total bme of their presentabon does not exceed ten m~nutes (e) Opponents of an appl~cahon shall not be entitled to address the C~ty Councd in rebuttal of any statements or other matenal prowded to the C~ty Council dunng the apphcant's rebuttal 2.2. Re.qular Aqenda Items (a) Regular agenda ~tems ~nclude all other agenda ~tems at which public comment ~s allowed. (a) Each speaker, whether or not in a representative capacity, shall be allowed three minutes 3.0 Timekeepinq; Written Material (a) The C~ty Clerk shall keep bme for each speaker ~n accordance w~th the prows~ons of Secbon 2, and shall verbally not{fy the speaker and presiding officer at the exp~rabon of the brae allowed for each speaker. (b) Wntten comments or other mater~al may be tendered to the C~ty Clerk by any person des~nng to do so 4.0 Modification of Time Limits (a) The presiding officer, with the consent of the C~ty Council, may extend or reduce any of the bme hm~ts set forth ~n Secbon 2 (b) The bme limits for speakers set forth ~n Secbon 2 shall be exclusive of the time taken ~n responding to quesbons of members of the City Councd 5.0 Registration of Speakers Any person des~nng to address the councd shall register w~th the City Clerk pnor to the opemng of the meeting. The inadvertent fadure to do so shall not, however, d~squahfy any person from speaking 6.0 Public Notice of Policy In accordance w~th City Code Secbon 2-41, th~s policy shall be ~ncluded on the C~ty's internet web s~te, posted outside of the C~ty Councd Chambers, and pubhshed ~n the C~ty Councd agenda for each regular meebng - 35- Item V-I.2. ORDINA NCES/RES OL U TION ITEM # 50897 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED: Ordtnance AUTHORIZING the Ctty Manger to lease Space Number 1 at the Farmers Market to Fred Jordan re "The Nesttng Box" Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Voting Nay None Counctl Members Absent None March 11, 2003 10 11 12 13 14 15 16 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO LEASE A SPACE AT THE VIRGINIA BEACH FARMERS MARKET WHEREAS, the City of Virginia Beach has leased spaces at the Farmers Market since its inception; WHEREAS, a space at the Farmers Market is available for lease, and City staff have identified a prospective tenant wishing to lease this space; and WHEREAS, a public hearing concerning this proposed lease has been advertised and conducted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized on behalf of the City of Virginia Beach to enter into a lease agreement for space #1 at the Farmers Market to Fred Jordan, d/b/a "The Nesting Box," from April 2003 through February 2005. 17 18 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of March , 2003. 19 20 21 22 23 24 CA-8768 ORDIN \NONCODE\ fmj ordanord, wpd R-1 - February 25, 2003 APPROVED AS TO CONTENT' Agridu~;c'u're Depart~lent APPROVED AS TO LEGAL SUFFICIENCY' SUMMARY OF TERMS LEASE FOR SPACE #1 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Space 1 - Fred Jordan d/b/a "The Nesting Box" TERM: April 2003 through February 2005 RENT: $278.00 per month. RIGHTS AND RESPONSIBILITIES OF LESSEE: Use leased space for retail enterprise conslstent with the purpose of the Farmers Market. · Maintain leased space, including heating and air conditioning units. · Purchase commercial general liability insurance. · Keep retail space open during hours of Farmers Market operation. RIGHTS AND RESPONSIBILITIES OF CITY: Maintain common areas of the Farmers Market and structural elements of the leased space. · Pay for water, sewer and, in most cases, electrical service. TERMINATION: City may terminate by providing Lessee sixty (60) days notice. - 36- Item V-I. 3. ORDINANCES/RESOL UTION ITEM # 50899 Upon motton by Vtce Mayor Jones, seconded by Councilman Reeve, Ctty Counctl ADOPTED: Or&nance to AUTHORIZE acqutsttton of a temporary constructton easement for Prtncess Anne Road and Brandywtne Drtve traffic stgnal by agreement or condemnatton (DISTRICT 2 - KEMPSVILLE) Vottng II-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None March 1 I, 2003 l0 11 15 1'7 18 2O ?.4 AN ORDINANCE TO AUTHORIZE ACQUISITION Of A TEMPORARY CONSTRUCTION EASEMENT FOR PRINCESS ANNE ROAD AND BRANDYWINE DRIVE SIGNAL, CIP NO 2-285 103 EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, ~n the op~n~on of the Councd of the C~ty of V~rg~n~a Beach, V~rg~n~a, a public necessity exists for the construction of th~s ~mportant roadway ~mprovements project to prowde adequate traffic capacity and safety and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people ~n the C~ty of V~rg~n~a Beach NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' Section 1 That the C~ty Councd authorizes the acquisition by purchase or condemnation pursuant to Section 15 2-1901, et seq, Code of V~rg~n~a of 1950, as amended, of a temporary construction easement (the "Easement") from the parcel identified as GPIN 1476-06- 9292, as shown on the plans entitled "PRINCESS ANNE RD/BRANDYWINE DR SIGNAL, CIP NO 2-285 103, SIGNAL CONTROL NO 451", dated March 14, 2001 (the "Project"), and more specifically described on the acquisition plat for the above parcel (collectively the "Plans"), the Plans being on file in the Engineering Diws~on, Department of Public Works, City of V~rg~n~a Beach, V~rg~n~a Section 2. That the C~ty Manager ~s hereby authorized to make or cause to be made on behalf of the C~ty of V~rg~n~a Beach, to the extent that funds are available, a reasonable offer to the owners or persons hawng an interest ~n sa~d lands If refused, the C~ty Attorney ~s hereby authorized to ~nst~tute proceedings to condemn sa~d property 26 27 28 29 day of March CA- February 3, 2003 Adopted by the Councd of the C~ty of V~rg~ma Beach, V~rg~ma, on the 1 1 th ,2003 APP~OVED AS TO CONTENTS '"' SIGNATURE DEPARTMENT APPROVED AS TO LEGAL CITY ATTORNEY ! / © © LOCAT! MAP FOR ORDINANCE TO ACQUIR~E PROPERTY FOR PRINCESS ANNE RD./BRANDYWINE DR. INTERSECTION IMPROVEMENTS° AND TRAFFIC SIGNAL CIP NO. 2-285.103 SCALE: 1" =200' BRANDYWINE.DGN M.J.S. PREPARED BY P/W ENG. CADD DEPT. DEC. 10,2003 Item V-I. 4. -37- ORDINANCES/RES OL UTION ITEM # 50900 Upon motton by Council Lady Eure, seconded by Counctlman Wood, City Counctl ADOPTED: Resolutton to ESTABLISH the Southeastern Parkway/Greenbelt, tncludtng costpartzczpatton, with Vtrgtma Department of Transportatton (VDOT) for an Envtronmental Impact Study (EIS), prehmtnary destgn and hmtted rtght-of-way acqutsttton for the project from 1-64 at Oak Grove Connector to 1-264 at Great Neck Creek Vottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None March 11, 2003 10 11 12 13 14 15 16 17 18 19 PROJECT PROGRAMMING RESOLUTION: SOUTHEASTERN PARKWAY AND GREENBELT WHEREAS, in accordance with the Virginia Department of Transportation ("VDOT") allocation procedures, it is necessary that a request, in the form of a City Council resolution, be made for VDOT to program a project m the City of Vlrglma Beach ("City") NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1 That City Council hereby requests VDOT to proceed with the environmental study, associated preliminary engineering, and limited right-of-way acquisition for the Southeastern Parkway and Greenbelt, as currently programmed ~n the FY 2002-03 / FY 2007-08 Virginia Transportation Six-Year Program, funded by TEA-21 High Priority Funds The total project limits extend from 1-64, at the Oak Grove Connector interchange, to 1-264, just west of Great Neck Creek. The segment of this project in the City is referred to as Southeastern Parkway and Greenbelt (CIP 2-089) in the City's Capital Improvement Program 2 That City Council hereby agrees to pay its share of the total cost for an environmental study, associated preliminary engineering, and partial right-of-way acquisition for this project 3 That the City hereby requests that VDOT explore all funding alternatives for future programming of this project Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 1 ~-h March ,2003 day of O~DMorgan\SEastemPkrwy&GreenbeltResolutlonwpd March 11,2003 APPROVED AS TO CONTENT Department of'Pubhc Works APPROVED AS TO LEGAL SUFFICIENCY C,ty Att-o~e~,' / v O- W <~ W O_ tM) W I now wz ~..Z LdP-- ELw w@ Irt' ~W OZ OEZ Z~--- 0 ~.--W Q_CO /i - 38- Item V-J. PLANNING ITEM # 50901 1. TO~N CENTER ASSOCIATES, L.L. C. STREET CLOSURE 2. SALT MEADOW BA Y, L.L.C. STREET CLOSURE CONDITIONAL CHANGE OF ZONING 3. NEW LIFE CHRISTIAN FELLOWSHIP CHANGE OF ZONING CONDITIONAL USE PERMIT 4. JACK RABBIT SELF-STORA GE/COLLEGE PARK, L.L. C. MODIFICATION OF A CONDITIONAL USE PERMIT 5. THE HOME DEPOT USA CONDITIONAL USE PERMIT 6. IMPORT CONCEPTS AUTO REPAIR, INC. CONDITIONAL USE PERMIT 7. VIRGINIA BEA CH PEMBROKE CONGREGATION JEHOVAH'S WITNESSES CONDITIONAL USE PERMIT 8. TRITON PCS/SUNCOM CONDITIONAL USE PERMIT 9. EAGLES FLIGHT, L.L. C. CONDITIONAL CHANGE OF ZONING 10. NIMMO PARKWA Y/SANDBRIDGE ROAD Item V-J. a. Safety improvements/Sandbridge b. AMEND MTP add a portion of Nimmo Parkway and delete a portion of Sandbridge Road c. AMEND MTP with improved alignment to Sandbridge Road d. AMEND MTP delete a portion of Sandbridge Road and preservation of Nimmo Phase VII right-of-way March 11, 2003 - 39- PLANNING ITEM # 50902 Upon motion by Vtce Mayor Jones, seconded by Councilman Reeve, City Council APPROVED in ONE MOTlONItems 1, 2, 3, 4, 6, 7, 8, 9 and lOa of the PLANNING BY CONSENTAGENDA Vottng 11-0 (By Consent) Council Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Voting Nay None Counctl Members Absent None Counctl Lady McClanan voted a VERBAL NAY on Item J. 1. (Town Center Associates, L.L.C.) Counctlman Jones DISCLOSED and ABSTAINED on Item J. 1. (Town Center Associates, L.L.C.) as he has an ownershtp tnterest tn Resource Bank, which exceeds three percent of tts total equtty Resource Bank has entered tnto a parttctpatton agreement wtth Monarch Bank for a hne of credtt to Armada Hoffler Properttes It ts hkely that Armada Hoffler Properttes, wtll manage the Town Center for the project's developer, Town Center Assoctates Also, Resource Bank ts negottattng a lease ora new butldtng at the Town Center Counctl Lady Wtlson voted a VERBAL NAY on Items J. 3. (New Life Christian Fellowship) March 11, 2003 Item V-J. 1. - 40- PLANNING ITEM # 50903 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Cay Counctl ADOPTED an Ordtnance upon apphcatton of Town Center Associates, L.L.C. for discontinuance, closure and abandonment of a portton of Columbus Street and Town Center Drtve (Block 10 of Town Center)(Conditioned upon compliance by March 11, 2004): Apphcatton of Town Center Assoctates, L L C and/or tt's Asstgns for the dtsconttnuance, closure and abandonment of a portton of Columbus Street begtnmng at a potnt 3 94 feet west of Town Center Drive and runmng a &stance of 30 O1 feet Parcel contatns 144 square feet DISTRICT 5 - L YNNHA VEN The followtng conchttons shall be requtred The Ctty Attorney's Office shall make the final determtnatton regardtng ownership of the underlytng fee The purchase prtce to be pard to the Ctty shall be determined accordmg to the "Pohcy Regardtng Purchase of Ctty's Interest tn Streets Pursuant to Street Closures, "approved by Ctty Counctl Coptes of the pohcy are avatlable tn the Planntng Department The apphcant shall resubchvtde the property and vacate tnternal lot hnes to tncorporate the closed area tnto the adjomtng parcels The plat shall be submttted and approved for recordatton prtor to final street closure approval The apphcant shall vertfy that no prtvate utthttes extst wtthtn the right-of-way proposed for closure Prehmmary comments from the utthty compantes tn&cate that there are no prtvate utthttes wtthtn the rtght-of-way proposed for closure If prtvate utthttes do extst, easements sattsfactory to the uttltty company shall be provtded The apphcant shall verify that pubhc traffic control equtpment etther does or does not exist If extsttng, the equtpment shall be relocated prtor to finalplat recordatton Closure of the rtght-of-way shall be conttngent upon comphance wtth the above stated condtttons wtthtn 365 days of approval by Ctty Counctl If the condtttons noted above are not accomphshed and the final plat ts not approved wtthtn one year of the Ctty Counctl vote to close the rtght-of-way, thts approval shall be constdered null and votd March 11, 2003 - 41 - Item V-J. 1. PLANNING ITEM # 50903 (Continued) Vottng 9-1 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Richard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay Reba S McClanan Counctl Members Abstatmng. Vtce Mayor Louts R Jones Counctl Members Absent None Counctlman Jones DISCLOSED and ABSTAINED on Item J. 1. (Town Center Associates, L.L.C.) as he has an ownershtp tnterest tn Resource Bank, whtch exceeds three percent of tts total equtty Resource Bank has entered tnto a parttctpatton agreement wtth Monarch Bank for a hne of credtt to Armada Hoffler Properttes It ts hkely that Armada Hoffler Properttes, wtll manage the Town Center for the project's developer, Town Center Assoctates Also, Resource Bank ts negottattng a lease ora new butldtng at the Town Center March 11, 2003 ORDINANCE NO. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS A PORTION OF COLUMBUS STREET TO BE CLOSED (144 SF OR 0.003 ACRES) AS SHOWN ON THAT CERTAIN PLAT ENTITLED: EXHIBIT 'A' SHOWING A PORTION OF COLUMBUS STREET RIGHT-OF-WAY TO BE CLOSED AT SUBDIVISION PLAT OF THE TOWN CENTER, PHASE ONE, PLAT OF SUNNYBROOK (MB 5, PG 201) MB 286, PG 72-73) (INSTRUMENT NO XXX) V1RGINIA BEACH, VmGINIA WHEREAS, on March 11,2003, Town Center Associates, LLC, and/or ~t's assigns, apphed to the Councd of the City of Virginia Beach, V~rginia, to have the hereinafter described street dlsconnnued, closed, and vacated; and WHEREAS, It is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before March 10, 2004; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before March 10, 2004: All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "A PORTION OF COLUMBUS STREET TO BE CLOSED (144 SF OR 0.003 ACRES)" shown as the cross-hatched area on that certain plat entitled: "EXHIBIT 'A' SHOWING A PORTION OF COLUMBUS 2 8 GPIN: 1477-54-4538 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 STREET RIGHT-OF-WAY TO BE CLOSED AT SUBDIVISION PLAT OF THE TOWN CENTER, PHASE ONE, PLAT OF SUNNYBROOK (MB 5, PG 201) MB 286, PG 72-73) (INSTRUMENT NO. XXX) VIRGINIA BEACH, VIRGINIA" Scale: 1" = 40', dated December 13, 2002, prepared by MSA, P. C., a copy of which ~s attached hereto as Exhibit A. SECTION II The following conditions must be met on or before March 10, 2004: 1. The C~ty Attorney's Office wall make the final determination regarding ownership of the underlying fee. The purchase price to be prod to the C~ty shall be determined according to the "Pohcy Regarding Purchase of C~ty's Interest ~n Streets Pursuant to Street Closures," approved by C~ty Councd Cop~es of said pohcy are avmlable ~n the Planmng Department. 2. The apphcant shall resubdiwde the property and vacate ~nternal lot hnes to ~ncorporate the closed area ~nto the adjmmng parcels The resubd~ws~on plat shall be submitted and approved for recordation prior to final street closure approval. 3. The apphcant shall verify that no private utd~t~es exist w~th~n the right-of-way proposed for closure. Prehm~nary comments from the utd~ty compames ~nd~cate that there are no private utdmes w~th~n the right-of-way proposed for closure If private utd~t~es do exist, the apphcant shall provide easements satisfactory to the utility companies. 4 The applicant shall verify that pubhc traffic control equipment e~ther does or does not ernst If existing, the eqmpment shall be relocated prior to final plat recordation. 5. Closure of the right-of-way shall be contingent upon comphance w~th the above stated conditions w~th~n 365 days of approval by C~ty Councd. If all conditions noted above are not accomphshed and the final plat ~s not approved w~th~n one year of the C~ty Councd vote to close the roadway, th~s approval will be considered null and void. 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 SECTION III 1 If the preceding con&hons are not fulfilled on or before March 10, 2004, this Ordinance will be deemed null and void without further action by the City Council. 2 If all conditions are met on or before March 10, 2004, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. SECTION IV 3. A certified copy of this Ordinance shall be filed in the Clerk's Office of thc Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." Adopted by the Council of the City of Virginia Beach, Vlrglma, on thlsl 1 th day · of March ,2003 CA-8663 Date February 24, 2003 C \WlNNTxTemp\ca8663 ORD FRM APPROVED AS TO CONTENT Plannl/~g~'epal tment APPROVED AS TO LEGAL SUFFICIENCY City Attorney Item V-J.Z - 42 - PLdNNING ITEM It 50904 Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, City Counctl ADOPTED Ordtnances upon apphcatton of Salt Meadow Bay, L.L.C. for a Dtscontmuance, closure and abandonment of a portton of Oakland Avenue at Barberton Drtve (Conditioned upon compliance by March 11, 2004), and a Condtttonal Change of Zonmg Apphcatton ofSalt Meadow Bay, L L C for the dtsconttnuance, closure and abandonment of a portton of Oakland Avenue begtnnmg at a pomt 68 62 feet more or less west of Barberton Drtve and running 455 84 feet tn a westerly dtrectton Satd parcel contains 12,552 square feet DISTRICT 6- BEA CH The followmg condtttons shall be requtred The Ctty Attorney's Office shall make the final determtnatton regardtng ownershtp of the underlymgfee The purchase prtce to be pard to the Ctty shall be determtned accordmg to the "Pohcy Regardtng Purchase of Ctty's Interest tn Streets Pursuant to Street Closures, "approved by Ctty Counctl Copses of the pohcy are available tn the Planntng Department The apphcant shall resubdtvtde the property and vacate tnternal lot hnes to incorporate the closed area tnto the adjoining parcels The plat shall be submttted and approved for recordatton prtor to final street closure approval The apphcant shall verify that no prtvate utthttes extst wtthtn the rtght-of-way proposed for closure Prehmtnary comments from the utthty compantes tn&cate that there are no prtvate utthttes wtthtn the rtght-of-way proposed for closure If prtvate utthttes do exist, easements sattsfactory to the utthty company shall be provtded Closure of the right-of-way shall be conttngent upon comphance wtth the above stated condtttons wtthtn 365 days of approval by Ctty Counctl If the condtttons noted above are not accomphshed and the final plat ss not approved wtthtn one year of the Ctty Counctl vote to close the right-of-way, thts approval shall be constdered null and void AND, March 11, 2003 Item V-J.2. - 43 - PL4NNING ITEM # 50904 (Continued) ORDINANCE UPON APPLICATION OF SALT MEADOW BAY, L L C FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FR OM R- 7 5 RESIDENTIAL DISTRICT TO CONDITIONAL A-12 APARTMENT DISTRICT WITH A PD-H2 0 VERLA Y Z03032135 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Apphcatton of Salt Meadow Bay, L L C for a Change of Zoning Dtstrtct Classtficatton from R-75 Restdenttal Dtstrtct to Conchtwnal A-12 Apartment Dtstrtct wtth a PD-H2 Overlay on the south stde of South Ortole Drtve, begmnmg at a potnt 320feet west of Barberton Drive (GPIN2418 703172, 2417794950, 2418 704320, andproposed closed portton of Oakland Avenue) The proposed zomng to Condtttonal A-12 wtth a PD-H2 Overlay ts for restdenttal land use at a denstty not to exceed 12 dwelhng umts per acre The Comprehensive Plan recommends use of thts parcel for restdenttal land use at or below 3 5 dwelhng units per acre Parcel contains 3 53 acres, more or less DISTRICT 6 - BEACH The followtng condttton shah be requtred 1 An Agreement encompasstngproffers shall be recorded wtth the Clerk of Ctrcutt Court Thts Or&nance shall be effecttve tn accordance with Sectton 107 09 of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Eleventh of March, Two Thousand Three Vottng 11-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None March 11, 2003 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS OAKLAND AVENUE AS SHOWN UPON THAT CERTAIN PLAT ENTITLED: "PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF OAKLAND AVENUE RIGHT OF WAY (MB 16, PG 53) NOVEMBER 12, 2002, VIRGINIA BEACH, VIRGINIA". WHEREAS, on March 11,2003, SALTMEADOW BAY, LLC applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before March 10, 2004; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before March 10, 2004: All that certain piece or parcel of land s~tuate, lying and being in the City of Virginia Beach, Virgama, designated and described as "PORTION OF OAKLAND AVENUE TO BE CLOSED AREA = 12,552 SF OR 0.288 ACRES" shown as the cross-hatched area on that certain plat entitled: "PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF OAKLAND AVENUE RIGHT OF WAY (MB 16, PG 53) NOVEMBER 12,2002, VIRGINIA BEACH, VIRGINIA" Scale: 1"-- 60', dated November 12, 2002, prepared by MSA, P.C., a copy of which is attached hereto as Exhibit A. GPIN: 2417-79-4950, 2418-70-3172 and 2417-79-5978 SECTION II The following conditions must be met on or before March 10, 2004: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the C~ty shall be detenmned according to the "Policy Regarding Purchase of C~ty's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot hnes to incorporate the closed area into the adjoining parcels. The resubd~vision plat shall be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utihty companies indicate that there are no private utihtles within the right-of-way proposed for closure. If private utilities do ex~st, the apphcant shall provide easements satisfactory to the utility companies. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and the final plat is not approved w~thin one year of the City Council vote to close the roadway, thru approval will be conmdered null and vmd. SECTION III 1. Ifthe precedxng conditions are not fulfilled on orbefore March 10, 2004, this Ordinance wall be deemed null and void without further actmn by the City Council. 2. Ifall conditions are met on or before March 10, 2004, the date offinal closure is the date the street closure ordinance ~s recorded by the C~ty Attorney. SECTION IV 3. A certzfied copy of this Ordinance shall be filed in the Clerk's Office of the Circmt Court of the C~ty of Virginia Beach, Virg~ma, and indexed ~n the name of the CITY OF VIRGINIA BEACH as "Grantor." Adopted by the Council of the C~ty of Virgima Beach, V~rg~ma, on this 1 1 th day of March 2003. .' CA-8655 DateFebruary 24, 2003 C \WINNIZTemp\ca8655 ord wpd APPROVED AS TO CONTENT. Planmx~partment APPROVED AS TO LEGAL SUFFICIENCY FORM NO P S lB ~,..~. ¥: City of Virginia Beach '~ '~ ~ INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5674 DATE: February 26, 2003 TO: Leslie L. Lilley DEPT: City Attorney FROM: B. Kay Wilso~ DEPT: City Attorney Conditional Zoning Application Saltmeadow Bay, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 11, 2003. I have reviewed the subject proffer agreement, dated November 15, 2002, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure This Document Prepared by: Fine, Fine, Legum & Fine, P.A. THIS AGREEMENT made this 15th day of November, 2002, by and between SALTMEADOW BAY, LLC, Property Owner/Grantor; and THE CITY OF VIRGINIA BEACH, a mumcipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, Property Owner is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, more particularly described as follows: All those certain lots, pieces or parcels of land located in the City of Virginia Beach, Virginia being, known, numbered, and designated on a certain plat entitled "Bean Garden located near Virginia Beach, Virginia in Princess Anne County" dated June 12, 1944 said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 16, PG 53, and being more specifically described as follows: Block 7, Lots 8, 10, 12, 13, 14-22, Plat of Bean Garden Block 6, Lots 2-5, Plat of Bean Garden Portion of Oakland Avenue to be closed, title to which shall vest in Salt Meadow Bay L.L.C., said property hereinafter referred to as the "Property"; and GPIN/ACCT. NOS. 2418 70 3172, 2417 79 4950, 2418 70 4320 WHEREAS, the Grantor has initiated a conditional amendment to the zoning map of the City of Virgima Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to Conditional A-12 with a PD-H2 overlay; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different types of uses on and in the area of the Property and at the same tame to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WItEREAS, the grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, their successors, personal representatives, assigns, Grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction fi.om the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, Grantees, and other successors in interest or title. . The project shall be developed substantially as shown on the Exhibit for Conditional Rezoning dated 11/13/02 entitled Conceptual Site Layout and Landscape Plan of Condos ~ Saltmeadow Bay prepared by MSA, P.C. which has been exhibited to the City of Virginia Beach City Council and is on file with the Department of Planning (hereinafter "Concept Plan"), which plan provides for 1.46 acres of open space. 2. The project shall not exceed the 17 units with a density of 4.81 units per acre. 3. The height of the homes shall not exceed 35 feet. . The exterior design, material, and colors of the single family shall adhere to the elevations shown on the exhibit dated 11-12-02 and entitled "Saltmeadow Bay Condos Barberton & South Oriole Drive, Virginia Beach," prepared by Dimensional Designs, Inc., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"), which materials have been coordinated with the approved design, materials, and colors of the adjacent Saltmeadow Bay Apartment project. . The building envelope (exterior walls, roof system and exposed floor at garage level) will be designed in accordance with industry standard, sound reduction construction materials and techniques. Installation of these exterior elements will be in accordance with accepted sound reduction construction practices. 1 Further conditions may be required by the GRANTEE during detailed Site Plan review and administration of applicable City codes by all cognizant city agencies and departments to meet all applicable City code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virgima, and executed by the record owner of the Property at the time of recordation of such instrument, provided that such instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and Co) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virgania Beach, Virginia, and indexed in the names of the Grantors and the Grantee. WITNESS the following signatures and seals: GRANTOR: SALTMEADOW BAY' LLC Andrew S. F~n~ Michael J. Barrett STATE OF VIRGINIA, CITY OF [~lvt~ ~e~ ; to-wit: I, ~[u~ ~ I4~n~x ~/h . a Notary Public in and for the City and State aforesaid, do hereby certify that _'Andrew_S. Fine, whose name is signed to the foregoing instrument dated the 2nd day of November, 2001, did personally appear before me in my City and State aforesaid and acknowledge the same to me. GIVEN under my hand and seal this 15th day of November, 2002. My commission expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, ~. J~g. lvn ~u.r}v~ ~r~ r~ , a Notary Public in and for the City and State aforesaid, do hereby certify that Michael J. Barrett whose name is signed to the foregoing immanent dated the 2nd day of November, 2001, did personally appear before me in my City and State aforesaid and acknowledge the same to me. GIVEN under my hand and seal this 15th day of November, 2002. Notary Public ,'~f~l,~o.~-"'- My commission expires: - 44 - Item V-d.$. PLANNING ITEM # 50905 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED Ordinances upon apphcatton for New Life Chrtsttan Fellowshtp for a Change of Zomng and Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF NEW LIFE CHRISTIAN FELLOWSHIP FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 LIGHT INDUSTRIAL DISTRICT TO 0-1 OFFICE DISTRICT Z0303213 6 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordmance upon Apphcatton of New Ltfe Chrtsttan Fellowshtp for a Change of Zomng Dtstrtct Classtficatton from I-1 Ltght Industrtal Dtstrtct to 0-1 Office Dtstrtct on the west stde of Bustness Park Drtve, approximately 293feet north of Greenwich Road (GPIN1467258002) The proposed zontng to Condtttonal 0-1 ts for office land use The Comprehensive Plan recommends use of this parcel for bustness parks, offices, tndustrtal, and employment support land use Satd parcel ts located at 149 Bustness Park Drtve and contains 43,167 96 square feet DISTRICT 2 - KEMPSVILLE AND, ORDINANCE UPON APPLICATION OF NEW LIFE CHRISTIAN FELLOWSHIP FOR A CONDITIONAL USE PERMIT FOR A CHURCH R030331086 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of New Ltfe Chrtsttan Fellowship for a Condtttonal Use Permtt for a church on the west stde of Bustness Park Drtve, approxtmately 293 feet north of Greenwich Road (GPIN 1467258002) Satd parcel ts located at 149 Business Park Drtve and contatns 43,167 96 square feet DISTRICT 2 - KEMPSVILLE The followtng condtttons shall be required Landscaptng shall be added as shown on the stte plan entttled, "New Ltfe Chrtsttan Fellowshtp, Vtrgtnta Beach, Vtrgtnta" dated November 4, 2002 by Boundary First, P C, whtch has been exhtbtted to the City Council and ts on file with the Planmng Department The number of on-stte parktng spaces shall be no fewer than 39 The butldtng shall be renovated as deptcted on the elevattons entitled, "New Ltfe Chrtsttan Fellowshtp, Vtrgtnta Beach, Vtrgtnta" dated November 1, 2002 by Barnes Destgn Group, whtch has been exhtbtted to the Ctty Counctl and ts on file wtth the Planntng Department March 11, 2003 - 45- Item V-J.3. PLANNING ITEM # 50905 (Continued) The extsttngfreestan&ng stgn shall be refaced and used for the church Ifa new freestan&ng sign ts sought at any trine, tt shall be a maxtmum of etght feet tn hetght and shall be monument style The base of such stgn shall be brtck to match the brtck on the butldtng The apphcant shall obtatn all the necessary permtts, tnspecttons and approvals from the Fire Department and the Permtts and Inspecttons Dtvtston of the Planntng Department before occupancy of the bmldtng A Certtficate of Occupancy for the use shall be obtained from the Permits and Inspecttons Dtvtston of the Planmng Department 5 Thts Conchttonal Use Permtt shall be admtmstrattvely revtewed tn two (2)years. 6 Chu'rch servtces shall be hmtted to weekend hours and weekday evemng hours after 6 30 P M These Ordtnances shall be effective tn accordance with Sectton 107 09 of the Zonmg Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Eleventh of March, Two Thousand Three Vottng l O- l (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva and James L Wood Council Members Vottng Nay Rosemary Wtlson Counctl Members Absent None March 11, 2003 - 46- Item V-d. 4. PLANNING ITEM # 50906 Upon motton by Vice Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl MODIFIED conditions re apphcatton of Jack Rabbit Self-Storage~College Park, L.L.C. a Condtttonal Use Permit re site destgn for a mtm-warehouse facthty (approved by Ctty Counctl on September 25, 2001) Ordmance upon Apphcatton of Jack Rabbtt Self-Storage~College Park, L L C for a Modtficatton 0£ a Condtttonal Use Permtt for a mint- warehouse facthty approved by Ctty Counctl on September 25, 2001 Property ts located on the north stde of Provtdence Road, approximately 340 feet west of Woodstock Road (GPIN 14566422560), at 5950 Providence Road and contatns 4 39 acres DISTRICT 2 - KEMPSVILLE The followtng con&ttons shall be requtred The stte shall be developed as deptcted on the stte plan entttled, "Jack Rabbtt- College Park- Phase 2 "whtch has been exhtbtted to Ctty Counctl and ts on file wtth the Planmng Department The plan shall also tnclude the followtng landscaptng A staggered row of wax myrtles around the pertmeter of the property wtth the exceptton of the north stde adjacent to the stormwater management facdtty b Foundatton landscaptng along the full lengths of both end- caps factng Providence Road c Addtttonal landscape beds tn the front drtvewayportton of the stte 2 There shah be no land disturbance other than landscaptng tn the Resource Protection Area 3 The buddings shall be constructed as follows The end caps of the butl&ngs factng Provtdence Road shall be all brtck wtth a shake mansard rooof A five- foot wtde tower structure wtth a mansard, or other type, roof shall be added to the end-caps adjacent to the prtmary access to the stte b The east and west stdes of the front portton of the bml&ngs shall be all brtck wtth a shake mansard roof c The south stde of the butldtng shah be aH brick March 11, 2003 Item V-J. 4. PLANNING -47- ITEM # 50906 (Continued) 10 Any outdoor hght~ngfixtures shall not be erected any htgher than fourteen (14)feet Accor&ng to 6~ 237 of the Ctty Zomng Or&nance, all outdoor hghts shall be shtelded to dtrect hght and glare onto the mtm-warehouse premtses, satd hghttng and glare shall be deflected, shaded and focused away from all adjomtng property There shall be no electrtc or dtesel power generator, or generator fueled, by any other source of energy located outstde of any butldtng The storage umts shall be used only for storage of non-hazardous goods The untts shall not be used for office purposes, band rehearsals, restdenttal dwelhngs or any other purpose not consistent with the storage of goods The budding sign shall be tndtvtdual non-internally dlumtnated letters mounted on the mansard roof There shall be no freestandtng stgn and no other stgnage on the stte The gate enclostng the stte shall be wrought-tron style No barbed wtre, razor wtre or any other fencmg devtces shall be tnstalled on the roof or walls of the butldmg or on any fence enclostng the property There shall be no &splay, storage or parktng of commerctal trucks or traders tn the front parktng area between the roam entrance gate and Provtdence Road The apphcant shall construct a shared entrance wtth the adjacent property ahgned wtth the Reon Drtve/Provtdence Road tntersectton The apphcant shall also construct a left turn lane to serve these two properttes and any other tmprovements to be determtned durtng the stte plan review process March 11, 2003 - 48 - Item V-J. 4. PLANNING ITEM # 50906 (Continued) Vottng 11-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Vottng Nay None Councd Members Absent None March 11, 2003 Item V-J.& - 49- PLANNING ITEM # 50907 Randy Royal, Engtneertng Serwces, represented the apphcant and concurred wtth the Deferral Upon moaon by Councd Lady Eure, seconded by Councd Lady Wdson, Ctty Councd DEFERRED the City Council Session of MARCH 25, 2003, an Ordtnance upon apphcatton of The Home Depot USA for a Condtaonal Use Permit ORDINANCE UPON APPLICATION OF THE HOME DEPOT U S A, INC FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD Ordinance upon Apphcatton of The Home Depot USA, Inc for a Condtttonal Use Permtt for a bulk storage yard at 2020 Lynnhaven Parkway (GPIN 1485061465) Parcel contains 13 93 acres DISTRICT 1 - CENTER VILLE Thts deferral wtll enable concerns to be addressed relattve the operatton and proposed addttton The documents ortgtnally proffered are betng revtewed Vottng 11-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter V? Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Voang Nay None Council Members Absent None March 11, 2003 Item V4. 6. - 50- PLANNING ITEM # 50908 Upon motton by Vtce Mayor Jones, seconded by Councilman Reeve, Ctty Counctl ADOPTED an Ordtnance upon apphcatton Import Concepts Auto Repair, Inc re Con&ttonal Use Permtt ORDINANCE UPON APPLICATION OF IMPORT CONCEPTS AUTO REPAIR, INC FOR A CONDITIONAL USE PERMITFOR AUTO REPAIR R030331087 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Import Concepts Auto Repatr, Inc for a Condtttonal Use Permtt for auto repatr on the west side of Sykes Avenue, approxtmately 750 feet south of Vtrgtnta Beach Boulevard (GPIN 2417155083) Satd parcel ts located at 141 Sykes Avenue and contams 42,950 16 square feet DISTRICT 6 - BEACH The followtng conchttons shall be requtred 1 Thts £bndtttonal Use Permit approval for auto repatr ts for Umt 147 and Untt 151 only 2 No outside storage of parts and/or tnoperable vehtcles ss allowed All vehtcles awatttng repatr shall be parked tn the paved area on the southern stde of the butldtng No vehicles awatttng repatr shall be parked tn the gravel drive on the northern stde of the butldtng, adjacent to the R-5D Restdenttal Dtstrtct The apphcant must obtatn all necessary permtts, tncluchng a permtt for the proposed patnt booth, from the Permtts and Inspecttons Dtvtston of the Planning Department 5 A Certtficate of Occupancy for both untts shall be obtatnedprtor to zomng approval of a bustness hcense Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 (J) of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Eleventh of March, Two Thousand Three March 11, 2003 - 51 - Item V-J. 6. PLANNING ITEM # 50908 (Continued) Vottng 11-0 (By ConsenO Councd Members Voting Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf dtm Reeve, Peter W Schmtdt, Ron A Vd[anueva, Rosemary Wdson and James L Wood Counctl Members Vottng Nay None Councd Members Absent None March 11, 2003 Item V-J. 7. - 52 - PLANNING ITEM # $0909 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED an Or&nance upon apphcatton of Virginia Beach Pembroke Congregation of Jehovah's Witnesses re Condtttonal Use Permit ORDINANCE UPON APPLICA TION OF VIRGINIA BEA CH PEMBROKE CONGREGATION OF JEHOVAH'S WITNESSES FOR A CONDITIONAL USE PERMIT R030331088 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEA CH, VIRGINIA Ordtnance upon Apphcatton of Vtrgtma Beach Pembroke Congregatton of Jehovah's Witnesses for a Condtttonal Use Permtt for a church on property located at the northeast corner of Dtamond Sprtngs Road and Shurney Lane (GPIN 1468443188, 1468433958) Parcel contatns 2 07 acres DISTRICT 4- BA YSIDE The followtng condtttons shall be requtred The stte shall be developed as shown on the stte plan entttled, "A New Kmgdom Hall of Jehovah's Wttnesses for the Pembroke, Vtrgtnta Beach and Central Norfolk Congregattons, Vtrgmta Beach, Vtrgtma" dated November 22, 2002, by Miller Cupp Assoctates Archttects, P C, whtch has been exhtbtted to the Ctty Counctl and ts on file wtth the Planmng Department However, landscaptng on the stte plan shall be added to meet current requtrements of the Zomng and Site Plan Ordtnances The butldtng shall be constructed as deptcted on the elevattons entitled, "A New Ktngdom Hall of Jehovah's Wttnesses for the Pembroke, Vtrgtnta Beach and Central Norfolk Congregattons, Vtrgmta Beach, Vtrgmta" dated December 12, 2002 by Mtller Cupp Assoctates Archttects, P C, which has been exhtbtted to the Ctty Counctl and ss on file with the Planning Department However, the plans shall be mo&fled prtor to butl&ng plan review to include three windows on each stde of the butldmg Any freestandtng sign shall be a maxtmum of etght (8)feet tn hetght and shall be monument style The base of the stgn shall be brtck to match the brtck on the building Thts Ordmance shall be effective tn accordance wtth Sectton 107 09 of the Zomng Ordmance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Eleventh of March, Two Thousand Three March 11, 2003 - 53 - Item Vod. 7. PLANNING ITEM # 50909 (Continued) Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None March 11, 2003 - 54 - Item V-J. 8. PLANNING ITEM # 50910 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Councd ADOPTED an Or&nance upon apphcatton of Triton PCS/Suncom re Condtttonal Use Permtt ORDINANCE UPON APPLICA TION OF TRITON PCS/SUNCOM FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER R030331089 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Apphcatton of Trtton PCS/SunCom for a Conchttonal Use Permit for a commumcatton tower on property located south of the tntersectton of Snow Goose Lane and Hawks Nest Way, north of Interstate 264 (GPIN2417283022) Parcel ts located at 1400 Snow Goose Lane and contains 11 69 acres DISTRICT 5 - L YNNHA VEN The followtng condtttons shall be requtred The tower and equtpment shelter shall be constructed as deptcted on the submttted stte plan entttled "Tmton PCS Heron's Pomt Co-Locate, 1400 Snow Goose Lane, Vtrgmta Beach, VA 23451," prepared by Clark Nexsen Archttecture& Engmeermg, dated July 2, 2002 A copy of the plan has been presented to Ctty Count'tl and ts on file tn the Planning Department 2 Landscaptng shall be tnstalled as deptcted on sheet L-1 of the submitted stte plan tdenttfied tn condttton #1 above The fence securing the equipment shelter shall be black vtnyl coated chatn hnk No barbed wtre, razor wire, or electrtficatton shall be permttted 4 The tower and antennae shall not exceed 97feet tn height The communtcatton tower shall be a standard gray color In the event that the Federal Avtatton Admtntstratton or other hcenstng enttty requtres that the tower bepatnted another color, the height of the tower shall be reduced to a level that wtll ehmtnate the requirement that tt be patnted Unless a waiver ts obtained from the Ctty of Vtrgtnta Beach Department of Communtcattons and Informatton Technology (COMIT), a radto frequency emtsstons study (RF Study), conducted by a quahfied engtneer hcensed to practtce tn the Commonwealth of Vtrgtnta, showtng that the tntended user(s) wtll not tnterfere wtth any City of Vtrgtnta Beach emergency communtcattons facthttes, shall be provtded prtor to stte plan approval for the tower and all subsequent users March 11, 2003 - 55- Item V-J.& PLANNING ITEM # 50910 (Continued) In the event tnterference wtth any Ctty emergency communtcattons facthttes arises from the users of thts tower, the user(s) shall take all measures reasonably necessary to correct and ehmtnate the tnterference If the tnterference cannot be ehmtnated wtthtn a reasonable trine, the user shall tmmedtately cease operatton to the extent necessary to stop the tnterference Should the antennae cease to be used for a period of more than one (1) year, the apphcant shall remove the antennae and thetr supporttng towers and related equtpment In addttton to the NIER letter filed with thts apphcatton, the apphcant shall also provide a letter from a hcensed radto frequency engineer nottng that the cumulattve non-tontztng electromagnettc radtatton emttted from the tower does not exceed, at ground level or at any potnt wtthtn the adjacent apartments, the lowest apphcable standards estabhshed by the federal government or the Amertcan National Standards Instttute Thts Ordtnance shall be effecttve tn accordance wtth Section 107 (1) of the Zontng Ordmance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgmta, on the Eleventh of March, Two Thousand Three Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Councd Members Vottng Nay None Counctl Members Absent None March 11, 2003 - 56- Item V-J. 9. PLANNING ITEM # 50911 Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, Ctty Councd ADOPTED an Or&nance upon apphcatton of Eagles Flight, L.L. C re Condtttonal Change of Zomng Dtstrtct Classtficatton ORDINANCE UPON APPLICATION OF EAGLES FLIGHT, L L C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 TO CONDITIONAL B-2 Z0303213 7 BE IT HE. BY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Eagles Fhght, L L C for a Change of Zomng Dtstrtct Classt_l~catton from A- 12 Apartment Dtstrtct to Condtttonal B-2 Communtty Business Dtstrtct on the northwest corner of North Wttchduck Road and Rtchard Road (GPIN 1467865925, 1467865858, 1467866868, 1467867895, 1467877071) The proposed zomng to Condtttonal B-2 ss for retad commerctal land use The Comprehenstve Plan recommends use of thts parcel for restdenttal land use above 3 5 dwelhng untts per acre Parcel contains 2 019 acres DISTRICT 4 - BA YSIDE The followtng con&tton shall be requtred 1 An Agreement encompasstngproffers shall be recorded wtth the Clerk of Ctrcutt Court Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance Adopted by the Councd of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Eleventh of March. Two Thousand Three Vottng 11-0 (By Consent) Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent None March 11, 2003 City of Virginia Yleach INTER-OFFICE CORRESPONdEnCE In Reply Refer To Our File No. DF-5673 DATE: February 26, 2003 TO: Leslie L. Lilley.,~-.~) DEPT: City Attorney FROM: B. Kay Wilsod'" DEPT: City Attorney Conditional Zoning Application Eagles Flight, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 11, 2003. I have reviewed the subject proffer agreement, dated November 18, 2002, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure THIS DOCUMENT WAS PKEPARED BY WILLIAMS MULLEN 900 ONE COLUMBUS CENTER VIRGINIA BEACH, VIRGINIA 23462 EAGLES FLIGHT, LLC, a Vlrguna limited liability company TO (COVENANTS AND CONDITIONS) CITY OF V[RG~ BEACH, a municipal corporation of the Commonwealth of Virgirna THIS AGREEMENT, made ttus 18th day of November, 2002, by and between EAGLES FLIGHT, LLC, a V~rg~ma limited liability company (Grantor), and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee; WITNESSES THAT: WHEREAS, the Grantor has lmtiated an amendment to the Zomng Map of the City of V~rgima Beach, Virg~rna, by petition of the Grantor addressed to the Grantee, so as to rezone the Grantor's property, contmning 0.93 acres Zoned A-12, 1.089 acres Zoned B-2, and collectively totaling 2.019-~ acres, from A-12 and B-2 to Conditional B-2, on certmn property located at 385 North W~tchduck Road and the Northwest ~ntersect~on of North Witchduck Road and Rmhard Road, ~n the City of Virginia Beach, Virginia; smd property betng referred to hereinafter as the "Property," and being more partmularly descnbed on Exhibit A, attached; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, through zoning and other land development le~mslation; and GP/NS. 1467-86-5925-0000 1467-86-5858-0000 1467-86-6868-0000 1467-86-7895-0000 1467-87-7071-0000 WHEREAS, the Grantor acknowledges that in order to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land in the B-2 zoning classification are needed to cope with the situation which the Grantors proposed development gives rise to; and WHEREAS, the Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the B-2 zoning district by the City Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the property, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning and proposed development; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the C~rcuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject property at the time of recordation of such insmmaent; provided, further, that said instrument ~s consented to by the Grantee in writing, as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a pubhc hearing before the Grantee advertised pursuant to the provisions of Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; and NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zomg, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the Property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants nmning with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title, namely: 1. The improvements to be constructed by Grantor on the Property designated as "Building Addition" shall be substantially as shown on the "Layout Plan for Southside Harley Davidson, Virginia Beach, Virginia" prepared by Site Improvement Associates, Inc. (Plans), said exhibit being the same exhibit submitted to the City Council and on file in the Planning Department of the City of Virginia Beach. 2. The elevations of the building improvements to be constructed by Grantor on the Property shall be substantially as shown on the architectural renderings entitled "Construction Drawings for Southside Harley-Davidson, Virginia Beach, Virginia" and prepared by Barnes Design Group, said exhibit being the same exhibit submitted to the City Council and on file m the Planning Department of the City of Virginia Beach. It is recognized that further conditions may be required during the administration of applicable City ordinances and that there will be detailed site plan review to meet all applicable City codes. All references hereinabove to requirements and regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date of City Council action approving the amendment sought by the Grantor, which is by this reference incorporated herein. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4)the Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for pubhc inspection in the office of the Zoning Administrator and m the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed m the name of the Grantor and Grantee. WITNESS the following signature and seal. EAGLES FLIGHT, LLC, a Virginia limited liability company By: Mar~.'C.~ Hu s ~ Maffaging Me~U~'' C~ OF ~,',~ ~: ~ ~: ~ b, to-~t: 1 I, ~~l]~~, a Not~ ~blic in ~d for me Co~onwe~ of V~~ a~ge, do h~eby ce~ ~at M~ M. C. Hu~es, ~ M~a~g Member of Ea~es Fli~t, LLC, a Vir~a ~ted ~abiliW comply, whose n~e is si~ed to ~e foregoing insment, berg date of ~e 18t~ day of Novemb~, 2002, h~ ac~owledged ~e s~e before me ~ ~e c~ ~d state ~or~d. Given under my hand this [ ~ day of November, 2002. ~N~~ Public My commission expires: EXHIBIT A Property to be Rezoned PARCEL ONE: All that certain lot, piece or parcel of land situated in the City of Virginia Beach (formerly Kempsville Magisterial District, Princess Anne County), Virginia, and bounded and described as follows: Beginning at a point on the northern s~de of a 30 feet road distant 330.90 feet fi.om the western side of Witchduck Road (formerly Bayside Road) and running thence N 15° 30' E 118.23 feet to a point; thence N 69° 27' West 50.195 feet to a poim; thence S 15° 30' W 122.65 feet to a point on the northern side of a dirt road and thence S 74° 42' E along the northern side of the dirt road 50 feet to the point of beginning. PARCEL TWO: All that certain lot, piece or parcel of land situated in the City of Virginia Beach (formerly Kempsville Magisterial District, Princess Anne County), Virginia, and bounded and described as follows: Beginning at a point on the northern side of a 30-foot road distant 280.90 feet fi.om the western side of Witchduck Road (formerly Bayside Road); running thence N 15° 30' E 113.81 feet to a point; thence N 69° 27' W a distance of 50.195 feet to a point and thence S 15* 30' W 118.23 feet to a point on the northern side of a 30-foot dirt road and thence S 74° 42' E along the northern side of the dirt road 50 feet to the point ofbegirming. PARCEL THREE: All that certain lot, piece or parcel of land situated in the City of Virgima Beach, Virginia, and more particularly bounded and described as follows: Be!onning at a point 130.87 feet fi.om the intersection of the northern right- of-way line of Richard Road and Witchduck Road and fi.om said point of beginning runumg N 74° 42' 00" W along the northern right-of-way line of Richard Road a distance of 150.03 feet to a p~n; thence taming and nmning N 15° 30' 00" E a distance of 113.81 feet to a pin; thence turning and nmning S 69° 27' 00" E a distance of 150.61 feet to a pin; thence turning and nmning S 15° 30' 00" W a distance of 100.56 feet to the point of beginning, said property being shown on a certain survey entitled '~Physical Survey, Property of William F. Hudgins, Jr., Bayside Borough, Virginia Beach, Virginia." AND BEING the same property shown on the plat entitled "PHYSICAL SURVEY PROPERTY DESCRIBED IN D.B. 3950 P. 446 AS PARCELS ONE, TWO AND THREE VIRGINIA BEACH, VIRGINIA", recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book , Page ~ PARCELS ONE, TWO AND THREE BEING the same premises conveyed to Joseph H. Latchum, Jr., Trustee for the QTIP Marital Trust for Charles W. Cox by deed fi.om Hilda F. R. Ricks, widowed and not remarried, dated June 14, 1999 and recorded in the aforesaid Clerk's Office in Deed Book 4098, at page 0160, and further conveyed to Eagles Flight, LLC by deed fi.om Joseph H. Latchurn, Jr., Trustee for the QTIP Marital Trust for Charles W. Cox dated November 7, 2002, and tendered for recordation to the aforesaid Clerk's Office on or before November 12, 2002. PARCEL FOUR: ALL THAT certain piece or parcel of land, together with the improvements thereon, situate, lying and being in the Kempsville Magisterial District, Princess Anne County, Virginia, and more particularly bounded and described as follows: Beginning at a pipe on the western side of Bayside Road in the dividing line of the property hereby conveyed and the property now or formerly belonging to Riddick, (NOW Joseph H. Latchum, Jr. Trustee for the QTIP Marital Trust for Charles W. Cox) and running thence north 69° 27" west a distance of 150.585 feet to a point; thence south 15° 30" west a distance of 100.56 feet to the northern side of a 30-foot dirt road; thence south 74° 42" east along the northern s~de of said dirt road a distance of 150 feet to the west side of Bayside Road (now known as Witchduck Road North) and thence north 15° 30" east a distance of 87.3 feet to the point of beginning. Less, save and except that portion of property conveyed to City of Virginia Beach by deed dated September 13, 1979 fi'om Leandis Hodges and Hattie Wright Hodges and recorded in Deed Book 1956, page 798. IT BEING the same property conveyed to Eagles Flight, LLC a Virginia limited liability company, by deed dated August 3, 2001, from Hattie Wright Hodges, widow and not remarried, recorded in the aforesaid Clerk's Office in Deed Book 4478, at page 914. PARCEL FIVE: ALL THAT land located in the City of Virginia Beach, Virginia and being more particularly described as follows: BEGINNING at an old pin, said point being on the westem nght-of-way hne of N. Witchduck Road and being N15°38'22"E, 19.96 feet from the -2- intersection of the western fight-of-way line of N. Witchduck Road and the northern right-of-way line of Richard Road; thence running along the western fight-of-way line of N. Witchduck Road N15°38'22"E, 50.68 feet to an old drill hole; thence continuing along said fight-of-way line along the arc of a curve to the left, having a radius of 4,955 feet, a distance of 13.03 feet to a pin, said point being the tree point of beginning; thence taming and leaving said fight-of-way line and running N69°27'00"W (non-radial) 225.70 feet to a point; thence taming and nmning N13°21'14"E, 4.40 feet to an old pin; thence turning and running S69°08'04"E, 225.98 feet (non-radial) to an old pin on the western fight- of-way line of N. Witchduck Road; thence mining and running in a southerly direction along said fight-of-way, along the arc of a curve to the right, having a radius of 4,955 feet, a distance of 3.13 feet to the point of beginning. Said land containing 845 square feet/0.019 acre, more or less. IT BEING the same property conveyed to Eagles Flight, LLC, a Virginia limited liability company, by deed dated May 17, 2002, from FALA Corporation and Edwin B. L~ndsley, Jr. recorded in the aforesaid Clerk's Office in Deed Book 4697, at page 1775. PARCEL SIX: ALL THAT certain piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying situate and being located north of Virginia Beach Boulevard (U.S. Route 58), and immediately west of and contiguous to the west side of Witchduck Road (formerly Bayside Road) in Bayside Borough of the City of Virginia Beach, Virginia, and more particularly bounded and described as follows: BEGINNING at a point in the west boundary line of Witchduck Road which point of beginning is located N 15 degrees 30' East 89.0 feet fi'om the north boundary line of Richard Road, and from said point of beginning running along the west boundary line of Witchduck Road N 17 degrees 49' 40" East 230.44 feet to a point in the aforesaid west boundary line; thence turning and running along the south boundary line of an unnamed street as shown on plat recorded in Deed Book 997, at page 38.6, in the office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, N 75 degrees 34' 50" West 256.16 feet to a point; thence turning and running S 15 degrees 43' 50" West 191.35 feet to a point; thence turning and running S 66 degrees 40' East 250 feet to a point in the west boundary line of the aforesaid Witchduck Road, which point is also the point and place of beginning. LESS AND EXCEPT a portion of the aforesaid property acquired by the City of Virginia Beach, Virginia for widening and improvements of Witchduck Road recorded in Deed Book 1877, page 389. -3- IT BEING the same property conveyed to Joseph H. Latchum, Jr., Tmstee for the QTIP Marital Trust for Charles W. Cox by deed of distribution dated November 21, 2002 fi.om Joseph H. Latchum, Jr., Trustee for the Charles W. Cox Revocable Trust, and the same property conveyed to Eagles Flight,. LLC, a Virginia limited liability company, by deed of contribution dated November 21, 2002 fi.om Joseph H. Latchum, Jr., Trustee for the QTIP Marital Trust for Charles W. Cox, which Deeds were submitted to the Clerk of the Circuit Court of the City of Virginia Beach for recordation on December 31, 2002. #370301 vl - Exhibit A Legal-Eagles Fhght -4- -57- Item V-J. 10a. PLANNING ITEM # 50912 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED. Resolutton to AUTHORIZE the Department of Pubhc Works to advance wtth the destgn of safety improvements to Sandbridge Road Vottng 11-0 (By ConsenO Councd Members Voting Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Councd Members Vottng Nay None Councd Members Absent None March 11, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A RESOLUTION TO AUTHORIZE THE DEPARTMENT OF PUBLIC WORKS TO PROCEED WITH THE DESIGN OF SAFETY IMPROVEMENTS TO SANDBRIDGE ROAD WHEREAS, a public information meeting was conducted on September 5, 2002 in the City of Virginia Beach by City representatives to present the proposed alignments in the Sandbridge Road Corridor Improvements capital improvement project; WHEREAS, a briefing was provided to the City Council on October 8, 2002 by the Public Works Department to compare both the Sandbridge Road and Nimmo Parkway corridors; WHEREAS, a briefing was provided to the City Council on January 14, 2003 by the Public Works Department to compare environmental impacts to both the Sandbridge Road and Nimmo Parkway corridors; and WHEREAS, based on these meetings, the City Council has determined to direct the Department of Public Works to take certain actions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Department of Public Works is hereby authorized to proceed with the design of the safety improvements for Sandbridge Road utilizing an existing design contract. 2. That the Sandbridge Road Citizen Advisory Committee shall be continued so that it may provide input about the development of the safety improvements. 28 29 3O 31 3. That the design costs of the Sandbridge Road safety improvements shall be funded with existing funds in CIP 2-151 "Sandbridge Road Corridor Improvements." 32 33 Adopted by the Council of the City of Virginia Beach, Virginia on the 11th day of March , 2003. CA-8750 ordin/noncode/Sandbridge Rd. res. wpd January 31, 2003 R3 APPROVED AS TO CONTENT' ,~~ ]~ic Works Dep~ent APPROVED AS TO LEGAL SUFFICIENCY' - 58- Item V-J. l Ob/c/d. PL,4NNING ITEM # 50913 E Dean Block, Dtrector of Pubhc Works, advtsed a map hsttng all the alternattves re Sandbrtdge Road/Ntmmo Parkway Corrtdor Safety tmprovements and ahgnment, a "Notes for Ctty Council"page and a Ntmmo Parkway Recommendatton Htstory were distributed to City Counctl Satd tnformatton ts hereby made a part of the record Mr Block explained each of the shdes and the relattonshtps between Opttons The followtng registered to speak Henry Ryto, 408 Jasper Court, SUPPORT of Item lOb (Addttton of a portton of Ntmmo Parkway from Atwoodtown Road west to Sandbrtdge Road) Admtral Dtck Dunleavy, 2220 Sandfiddler Road, Phone 426-0225, spoke tn SUPPORT of Item lOd (Removal of a portton of Sandbrtdge Road from Atwoodtown Road east to Sandfiddler Road and the preservatton of the Ntmmo Phase VII rtght-of-way) Jo Howern, 3560 Dandehon Crescent, Phone 427-5805, spoke tn OPPOSITION to lOb (Ntmmo VII) Martlyn Danner, 2601 North Landtng Road, Phone 426-7390, spoke tn OPPOSITION to lOb (Ntmmo VII) Kayle Warren, 1177 Pond Cyress Drtve, Phone 499-8150, spoke tn OPPOSITION to lob (Ntmmo VII) Correspondence ss hereby made a part of the record Sarah Nettelhorst, Educattonal Coordtnator for Back Bay Restoratton Foundatton, 1168 Btrdneck Lake Drtve, Phone 222-4911, spoke tn OPPOSITION to lOb (Ntmmo VII) Eve Este Butts, Executtve Dtrector- Back Bay Restoratton Foundation, 340 Tuna Lane, Phone 721-5104 spoke tn OPPOSITION to lOb (Ntmmo VII) Adam Rttt, represented Frtends of Ferrell Parkway, 908 Esqutana Court, Phone 426-9393 spoke tn SUPPORT of 1 Ob (Ntmmo VII) Krtsttn Joshn, represented the League of Women Voters of South Hampton Roads, 2217 Manson Cross Lane, spoke tn OPPOSITION to lOb (Ntmmo VII) Steven Howell, restdent of Lago Mar for 15 years, 2613 Atwoodtown Road, Phone 426-5146, spoke tn OPPOSITION to lOb (Ntmmo VII), supported butldtng a 2-lane connector from Atwoodtown Road to Upton, attd presented petttton tn OPPOSITION contatmng over 200 signatures, which ts hereby made a part of the record Wynn Rentz, 2580 Atwoodtown Road, Phone 426-8447, spoke tn OPPOSITION to lOb (Ntmmo VII) and tn SUPPORT of l Oc Statement ss hereby made apart of the record Wtlham Jones, 2320 Sandptper Road, Phone 721-2070, spoke tn OPPOSITION to lob (Ntmmo VII) Ronald Gahagan, 312 Bluefish Lane, Phone 721-1033, spoke tn OPPOSITION to lOb (Ntmmo VII) and tn SUPPORT of 10c and 1 Od Ltnda Anderson, 308 Sunfish Lane, Phone 426-5481, spoke tn OPPOSITIONto 1 Ob (Ntmmo VII), dtstrtbuted photographs of the natural area, the utthty easement and Ashvtlle Brtdge Creek Satd photographs are hereby made a part of the record Patrtck Ashby, Jumor at Duke Untverstty, 313 Ptckerel, Phone 426-6635, spoke tn OPPOSITION to lOb Al Henley, 3112 Colechester Road, Phone 426-6991, spoke tn SUPPORT of ltem lOb (Ntmmo VII), dtstrtbuted correspondence from the US Department of the Intertor Satd letter ts hereby made a part of the record Btll Lehr, 204 Molly Cooper Road, Phone 426-5392, spoke tn SUPPORT of Item lOb (Ntmmo VII) Robert McMtlhn, 333 Seascape Road, Phone 426-2485, spoke tn SUPPORT of Item lOb (Ntmmo VII) Marlene Woodall, 3113 Ltttle lsland Road, Phone 721-2113, spoke tn SUPPORT of ltem lOb (Ntmmo VII) Charhe Kelly, 3316 Sandfiddler Road, Phone 721-1188, spoke tn SUPPORTof ltem lOb (Ntmmo VII) Sarah McMtllhn, 333 Seascape Road, Phone 426-2485, spoke tn SUPPORTof ltem lOb (Ntmmo VII) Paul Rousseau, Corbett Lane, Phone 426-5376, spoke tn SUPPORT of Item lOb (Ntmmo VII Jtm Phtpps, 2312 Sandptper Road, Phone 426-2422, spoke tn OPPOSITION to lob (Nlmmo VII) Herb Jones, 2313 Sandptper Road, Phone, 721-1103, spoke tn OPPOSITION to lOb (Ntmmo VII) March 11, 2003 - 59- Item V-J. l Ob/c/d. PLANNING ITEM # 50913 (Continued) Gary Waldo, Traffic Engtneer for the past 16years, 3044 Ltttle Island Road, Phone 721-9417, spoke tn OPPOSITION to 1 Ob (Ntmmo VII), presented a map ctttng the Sandbrtdge Road/Ntmmo Parkway current traffic volumes Satd tnformatton ts hereby made a part of the record Wayne McClanan, 107 Sound Shore Drtve, Phone 252-3534, spoke tn SUPPORTto lOb (Ntmmo VII) Carl Strass, rettred Department of Justtce Attorney, 2828 Bluebtll Drtve, Phone 721-3931, spoke tn SUPPORT of 10b (Ntmmo VII) Vtctor A Phtlleo, Prestdent- Lago Mar Civic League, 877 Los Coloms Drtve, Phone 721-6252, and adwsed the Ctvtc League ts not taktng a posttton at thts ttme regardtng the part of the project whtch extends from Atwoodtown to Sandbrtdge Road and recommended a two-lane connector to the Atwoodtown Road or Camtno Real Cynthta Stdner, 1141 New Market Drtve, Phone 467-1829, spoke tn OPPOSITION to lOb (Ntmmo VII Molly Brown, 2232 Sandpiper Road, Phone 721-5011, Prestdent- Friends of Back Bay, spoke tn OPPOSITION to 1 Ob (Ntmmo VII) Mark Malbon, 1500 Lotus Drive, Phone, 409-9590, Vice Prestdent Lotus Garden Farms Ctvtc League and member of Ctttzens Advtsory Commtttee studytng tmprovements to the Sandbrtdge Road Corrtdor, spoke tn SUPPORT to lOb (N~mmo VII) Wtlham Barley, Prestdent- Vtrgtnta Beach Professional Ftrefighters, 4841 Rosecrofi Street, Phone 495-0637, spoke tn SUPPORT of 10b (Ntmmo VII) Ltnt McCarthy, 308 Oyster, Phone 721-4236, spoke tn OPPOSITION to lOb (Ntmmo VII) and tn support of combtnatton of 10c and 1 Od. Ray Bach, Prestdent- Pohce Benevolent Assoctatton (PBA), 2300 Trant Lake, Phone 481-5535, spoke tn SUPPORT to 1 Ob (Ntmmo VII) Fred Adams, represented the Sierra Club comprtsed of 1300 members, 1548 Edgewater, Phone 467-2775, spoke OPPOSITION to 10b (Ntmmo VII) Don Youngs, represented bustnesses along Sandbrtdge Road 2404 Tono Court, Phone 426- 7414, &strtbuted petttton tn OPPOSITION to lOb (Ntmmo VII) Debra Harrtson-Youngs, 2404 Tono Court, Phone 426-7414, spoke tn OPPOSITION to lOb (Ntmmo VII) and dtstrtbuted photographs of the gravestones of the Stone Faintly mstde ctty rtght-of-way, and spoke relattve the bulldoztng of the Atwood and James Famtly cemetertes George Rector, 2404 Sandfiddler, Phone 721-2232, spoke tn OPPOSITION to lOb (Ntmmo VII) Don Ashby, 313 Ptckerel Lane, Phone 426-6635, spoke tn OPPOSITION to lOb (Ntmmo VII) Kay Ashby, Secretary of Sandbrtdge Ctvtc League, 313 Ptckerel Lane, Phone 426-6635, spoke tn OPPOSITION to 1 Ob (Ntmmo VII) Ruth Wilson, 877 Sandbrtdge Road, Phone 426-2907, spoke tn SUPPORTof lOb (Ntmmo VII) Chrts Carobtne, 1956 Munden Pomt Road, Phone 426-2462, spoke tn OPPOSITION to lOb (Ntmmo VII) Cheryl Petttcrew, 308 Swordfish Lane, Phone 426-5221, spoke tn OPPOSITION to lOb (Ntmmo VII) Debbte Schroeder, Prestdent of Vtrgtnta Beach Audobon Soctety, 5613 Sedgemoor Road, Phone 464-2663, spoke tn OPPOSITION to lOb (Ntmmo VII) Rtchard L Grtmstead, 411 15th Street, Phone 425-5369, spoke tn SUPPORT of lOb (Ntmmo VII) Cratg Rentz, 2580 Atwoodtown Road, Phone 426-8447, spoke tn OPPOSITION to lOb (Ntmmo VII) and tn support ora two-lane collector road, favors 10c and 1 Od Crystal Matthews, 2457 Entrada Drtve, Phone 721-9926, spoke tn OPPOSITION to lOb (Ntmmo VII) and tn support ora two-lane collector road, favors lOc and l Od Btll Brown, 2232 Sandptper Road, Phone 721-5011, spoke tn OPPOSITIONto lOb (Ntmmo VII), chstrtbuted flow chart re attempt to butld Ntmmo VII with VDOT Fundtng (said chart ts hereby made a part of the record John B Gallegos, Senior Refuge U S Fish and Wtldhfe Servtce btologtst, Back Bay Nattonal Wtldhfe Refuge, 4005 Sandpiper Road, Phone 721-2412, spoke tn OPPOSITION to 10b (Ntmmo VII) Statement ts hereby made a part of the record March 11, 2003 - 60 - Item V-J. 10b PLANNING ITEM # 50913 (Continued) Carol Aluzzo, 954 Camtno Real South, Phone 721-6697, spoke tn SUPPORT of 10b (Ntmmo VII) Sue Foy, Lay Leader at Tabernacle Church, 4235 Chartty Neck Road, spoke tn SUPPORTof lOb (Ntmmo VII) Amy Van Kleeck, 25 76 Atwoodtown Road, Phone 721-6284, spoke tn support of a 2-lane collector road and tn OPPOSITION to 1 Ob (Ntmmo VII) Scan Prtest, Prestdent- Board of Dtrectors, Back Bay Restoratton Foundatton, 7335 Shtrland Avenue, Phone 489-7692, spoke tn OPPOSITION to lOb (Ntmmo VII) Jane Bloodworth Rowe, 608 Ocean Lakes Drtve, Phone 426-3053, spoke tn SUPPORTof lOb (Nt m m o VII) Wdham Sttles, represented Wetlands Watch, 1121 Graydon Avenue, Norfolk, 623-4830, spoke tn OPPOSITION to lOb (Ntmmo VII Jacqut Gamson, Envtronmentahst and Teacher, 2609 Atwoodtown Road, Phone 721-6399, spoke tn SUPPORT of 10b (Ntmmo VII) Thomas Blanton, 1240 Sandbrtdge Road, Phone 426-2397, spoke tn SUPPORTof lOb (Ntmmo VII) Frank Trygar, 6309Jonathan Cove, Phone 470-1139, spoke tn SUPPORTof lOb (Ntmmo VII) Tammy Datl, 1585 North Muddy Creek, Phone 721-2766, spoke tn SUPPORTof lOb (Ntmmo VII) Upon motton by Counctlman Reeve, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED: Resolutton REFERRING to the Planmng Commtsston a proposed Ordtnance to AMEND the Comprehenstve Plan pertatntng to the Master Transportation Plan (MTP) to ADD a portion of Nimmo Parkway from Atwoodtown Road east to Sandbrtdge Road and delete of a portton of Sandbrtdge Road from Atwoodtown Road east to Sandfiddler Road Voting 8-3 (By Consent) Council Members Voting Aye Harry E Dtezel, Margaret L Eure, Reba S McClanan, Richard A Maddox, Jtm Reeve, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay Vtce Mayor Louts R Jones, Mayor Meyera E Oberndorf and Peter W Schmtdt Counctl Members Absent None March 11, 2003 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 A RESOLUTION REFERRING TO THE PLANNING COMMISSION A PROPOSED ORDINANCE TO AMEND THE COMPREHENSIVE PLAN PERTAINING TO THE MASTER TRANSPORTATION PLAN BY THE ADDITION OF A PORTION OF NIMMO (FORMERLY FERRELL)PARKWAY FROM ATWOODTOWN ROAD EAST TO SANDBRIDGE ROAD AND THE REMOVAL OF A PORTION OF SANDBRIDGE ROAD FROM ATWOODTOWN ROAD EAST TO SANDFIDDLER ROAD 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, a proposed amendment to the Comprehensive Plan pertaining to the Master Transportation Plan for the addition of a portion of Nimmo Parkway from Atwoodtown Road east to Sandbridge Road and the removal of a portion of Sandbridge Road east from Atwoodtown Road to Sandfiddler Road. A true copy of such proposed amendment is hereto attached. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Planning Commission be, and hereby is, directed to transmit to the City Council its recommendation concerning the aforesaid amendment no later than sixty (60) days after the date of adoption of this Resolution. 27 28 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 11th day of March, 2003. CA-8733 bkwilson\planningcommission R-2 - March 5, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN PERTAINING TO THE MASTER TRANSPORTATION PLAN BY THE ADDITION OF A PORTION OF NIMMO (FORMERLY FERRELL) PARKWAY FROM ATWOODTOWN ROAD EAST TO SANDBRIDGE ROAD AND THE REMOVAL OF A PORTION OF SANDBRIDGE ROAD FROM ATWOODTOWN ROAD EAST TO SANDFIDDLER ROAD WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Plan (the "Plan") of the City of Virginia Beach be, and hereby is amended and reordained by the following amendments' To the Map of the Master Transportation Plan: 1. Add 100DBCS (100 feet wide right-of-way, divided roadway, with a bikeway and controlled-accessf scenic roadway) portion of Nimmo Parkway from Atwoodtown Road east to Sandbridge Road. 2. Remove 70 UBS (70 feet wide right of way undivided scenic roadway, with bikeway alignment) from the plan along Sandbridge Road from Atwoodtown east to Sandfiddler Road. COMMENT Nimmo Parkway mom Atwoodtown Road east to Sandbridge Road was removed by City Council on May 22, 2001 mom the Master Transportation Plan. This Ordinance will add back this portion of Nimmo Parkway and remove the portion of Sandbridge Road ~om Atwoodtown Road to Sandfiddler Road. 31 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2003. CA-8734 ORDIN\NONCODE\mastert ransord, wpd R-1 January 31, 2003 APPROVED AS TO CONTENT' P 1 a n~ ~/~epa r tme n t APPROVED AS TO LEGAL SUFFICIENCY- D%pa~nt of Law - 61 - Item V-J. l Oc. PLANNING ITEM # 50913 (Continued) Upon motton by Vtce Mayor Jones, seconded by Counctlman Schmtdt, Ctty Counctl ADOPTED: Resolutton REFERRING to the Planning Commtsston a proposed Ordtnance to AMEND the Comprehenstve Plan pertatntng to the Master Transportation Plan (MTP) wtth an improved alignment to Sandbridge Road from Upton Drive to Atwoodtown Road Vottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None March 11, 2003 A RESOLUTION REFERRING TO THE PLANNING COMMISSION A PROPOSED ORDINANCE TO AMEND THE COMPREHENSIVE PLAN PERTAINING TO THE MASTER TRANSPORTATION PLAN BY THE ADOPTION OF AN ALIGNMENT FOR IMPROVEMENTS TO SANDBRIDGE ROAD FROM UPTON DRIVE TO ATWOODTOWN ROAD WHEREAS, the public necessity, convenience, general ]0 welfare and good zoning practice so require; 11 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA' 13 There is hereby referred to the Planning Commission, for its consideration and recommendation, a proposed amendment to the Comprehensive Plan pertaining to the 16 Master Transportation Plan by the adoption of an alignment ]7 for improvements to Sandbridge Road from Upton Drive to ]8 Atwoodtown Road. A true copy of such proposed amendment is 19 hereto attached. 20 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA' 22 That the Planning Commission be, and hereby is, 23 directed to transmit to the City Council its recommendation 24 concerning the aforesaid amendment no later than sixty (60) 25 days after the date of adoption of this resolution. 26 26 Adopted by the City Council of the City of Virginia 27 Beach, Virginia, on the 11tn day of March, 2003. 28 CA8800 Bkwilson/word/mtpjonesresolution. doc R-1 March 5, 2003 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN PERTAINING TO THE MASTER TRANSPORTATION PLAN BY THE ADOPTION OF AN ALIGNMENT FOR IMPROVEMENTS TO SANDBRIDGE ROAD FROM UPTON DRIVE TO ATWOODTOWN ROAD WHEREAS, the public necessity, convenience, general 10 welfare and good zoning practice so require; 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 13 That the Comprehensive Plan (the "Plan") of the City 14 of Virginia Beach, Virginia be, and hereby is amended and 15 reordained by the following amendments: 16 To the Map of the Master Transportation Plan: 17 1. The alignment of Sandbridge Road from Upton Drive to 18 Atwoodtown Road shall be as depicted as Hybrid #1 on 19 the attached map, dated January 7, 2003 and 20 incorporated herein by reference. 21 22 COMMENT 23 24 This Ordinance wall adopt the ahgnment of Sandbridge Road from Upton Drive to 25 Atwoodtown Road as recommended by the Citizen Advisory Committee and shown on 26 the attached map 27 28 29 Adopted by the Council of the City of Virginia Beach, 30 Virginia, on the day of , 31 2003. 32 CA8801 Bkwi 1 son/word/mtpaordinance, doc R-2 March 6, 2003 APPROVED AS TO CONTENT: Planning Department APPROVED AS TO LEGAL SUFFICIENCY: Law Departmen% Item V-J. 1 Od. PLANNING ITEM # 50913 (Continued) B Y CONSENSUS, NO ,4 CTION TAKEN: Resolutton REFERRING to the Planmng Commtsston a prol)osed Ordinance to ,4MEND the Comprehensive Plan pertatntng to the Master Transportation Plan (MTP) and DELETE a portion of Sandbridge Road from Atwoodtown Road east to Sandfiddler Road wtth the preservation of the Nimmo Phase VII right-of-way March 11, 2003 - 63 - Item V-K. 1. APPOINTMENTS ITEM # 50914 Upon NOMINATION by Vice Mayor Jones, Ctty Counctl APPOINTED: Fay Silverman Alicia Fernandez-Bobulinski 3 year term 3/11/03 - 03/31/06 HUMAN RIGHTS COMMISSION Vottng 11-0 Counctl Members Vottng Aye Harry E D~ezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rlchard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W SchmMt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None · March 11, 2003 - 64 - Item V-K.2. APPOINTMENTS ITEM # 50915 Upon NOMINATION by Vice Mayor Jones, Ctty Counctl REAPPOINTED: Ken Palmer THE PLANNING COUNCIL 1 yr term 4/1/03 - 03/31/04 Vottng 1 I-O Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R ,/ones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent None March 11, 2003 - 65 - Item V-K.$. APPOINTMENTS ITEM # 50916 The Mayor appotnted Counctlman Ron A Vtllanueva as the Ctty Counctl Ltatson to the Minority Business Council. March 11, 2003 - 66- Item V-N. ADJOURNMENT ITEM # 50917 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 10:20 P.M. Chtef Deputy Ctty Clerk City Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta March 11, 2003