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Home My WebLink AboutSEPTEMBER 24, 2002 MINUTESCITY COUNCIL MA YOR MEYERA E OBERNDORF, At-Large VICE MAYOR ROBERT C MANDIGO JR, Kempsvdle -Dtstrtct 2 MARGARET L EURE, Centervdle - Dtstrwt 1 LOUIS R JONES, Baystde -Dtstmct 4 REBA S McCLANAN, Rote Hall -Dtstrtct 3 RICHARD A MADDOX, Beach - Dt~tmct 6 dlM REE~E, Prmces~ Anne - Dt~trtct 7 PETER W SCHMIDT, At-Large RON A VILLANUEVA, At-Large ROSEMARY WILSON, At-Large dAMES L WOOD, Lynnhaven -Dtstrtct 5 dAMES K SPORE, City Manager LESLIE L LILLEE City Attorney RUTH HODGES SMITH, MMC, Cay ( lerk "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA ( lit HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGI¥IA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl~vbgov corn September 24, 2002 I. CITY COUNCIL'S BRIEFING - Conference Room- 2:30 PM II. A VIRGINIA BEACH DEVELOPMENT AUTHORITY Steve Thompson, ChxefFlnanc~al Officer CITY MANAGER'S BRIEFING III. ho SUPER HORNET COMMISSION Dudley Fulton, Chmrman REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber- 6:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Mark A. Tyree, Pastor Key Stone Church C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSION September 10, 2002 G. AGENDA FOR FORMAL SESSION H. RESOLUTIONS/ORDINANCES , o , o Resolution acknowledging the dedication of Peter Lawrence in the 2002 Rock 'N' Roll Half Marathon. Resolution to ACKNOWLEDGE the corporate name change of the United Cerebral Palsy of Southern and Central Virginia, Inc. to United Cerebral Palsy of Virginia and continue support of legislation to EXEMPT taxation for this charitable organization. Resolutions to REFER proposed amendments to the City Zoning Ordinance (CZO) to the Planning Commission for recommendation: ao AMEND {}203 re off-street parking requirements for a use in B-3A Pembroke Central Business Core District bo AMEND {}902 to change minimum setback requirements to be between zero and 10 feet from a street m B-3A Pembroke Central Business Core District. Ordinance to AUTHORIZE an encroachment into portions of the City's right-of-way by ROGER D. and JOAN C. STANUS for construction of an 8 x 8 pier with stairs into the City's drainage easement over a canal at 900 Verano Court (Lagomar). Ordinance to APPROPRIATE $231,750 from the Fire Programs Fund to the Fire Department's FY 2002-03 Operating Budget re purchase of fifteen Thermal Imaging Cameras. Ordinance to TRANSFER $1,446 from the FY 2002 General Fund Reserve for Contingencies to the FY 2002 Operating Budget of the Department of Mental Health, Mental Retardation and Substance Abuse Services (MHMRSA) re reimbursement to employee for legal fees and expenses. Ordinance to TRANSFER $195,166 from the General Fund Reserve for Contingencies to the City Treasurer's FY 2002-03 Operating Budget re additional personnel. PLANNING Application of CURTIS E. and RHONDA L. BOWEN for the replacement ora nonconformtng use as a horse stable, garage and storage shed damaged last year in a storm by a fallen tree at 2221 Salem Road, contmmng 40,000 square feet (DISTRICT 1 - CENTERVILLE) Deferred: Recommendation: August 13, 2002 DENIAL , Application of WILLIAM J. and HEIDI L. LYNCH and GERALD E. and STELLA F. MCCLELLAN for a Variance re' certain elements of the Subdivision Ordinance, Section 4.4(b), that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) and reduce required street width at 2541 and 2537 Salem Road, containing 0 64 acres. (DISTRICT 7- PRINCESS ANNE) Recommendation: APPROVAL o Application of TOWN CENTER ASSOCIATES, LLC for a Condmonal Use Permzt re: multiple family dwellings (342 units) on the north side of Columbus Street, west of Constitution Drive, contmmng 2.205 acres (DISTRICT 5- LYNNHAVEN) Recommendation: APPROVAL ° Application of CITY OF VIRGINIA BEACH for dtsconttnuance, closure and abandonment re a portion of Old Princess Anne Road on the west side of Princess Anne Road, north of Flanagans Lane, containing 22,590 square feet. (DISTRICT 7 - PRINCESS ANNE) Recommendation' DEFERRAL J. APPOINTMENTS CHESAPEAKE BAY PRESERVATION AREA BOARD CITY COUNCIL LIAISONS HISTORICAL REVIEW BOARD PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD VIRGINIA BEACH TRANSITION AREA TECHNICAL ADVISORY COMMITTEE K. UNFINISHED BUSINESS L. NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - August 2002 M. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call. TDD only 427-4305 (TDD- Telephonic Device for the Deaf) 09/24/02 st O~ OUR NKI~'0¥ MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 24 September 2002 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION tn the Ctty Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, September 24, 2002, at 2 30 P M Counctl Members Present Margaret L Eure, Louts R Jones, Reba S McClanan, Vtce Mayor Robert C Man&go, Jr, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Absent Ron A Vtllanueva [Entered 2 48 P M] -2- CITY COUNCIL 'S BRIEFING VIRGINIA BEA CH DEVELOPMENT AUTHORITY ITEM # 50162 2:30 P.M. Robert Jones, Chair - Virginia Beach Development Authority (VBDA) , referenced the outstandtng loans between the VBDA and the Ctty Concerntng the posstbthty of a watver, Ctty Counctl chose to delay constderatton of thts tssue unttl September Thtrtteth The Authority was estabhshed for the purpose of expandtng the tax base, creattngjobs and uphfttng the quahty of the hfe tn the communtty For the past fiscal year, busmesses tn Vtrgmta Beach reinvested over $43-MILLION into businesses wtthm the City Stnce tts mceptton tn 1964, the Authortty has developed and sold a total ofl,398 acres for an annual absorption of 38 acres. The ortgmal role of VBDA has changed substanttally from bastcally approving Industrtal Revenue Bond to tnsurtng the Ctty's mdustrtal, commerctal and economtc development growth Chatrman Jones ctted the Impacts The Vtrgtnta Beach Development Authortty retnvests land sale proceeds to develop tnfrastructure and acqutre land for corporate parks No annual approprtatton ts received from Ctty Councd for the operatton of the Authortty, wtth the exceptton of the Economic Development Investment Program (EDIP) funds A portton of the ctgarette tax ss gtven to thts fund Investment vehicle for the City with development of pubhc/prtvate tnvestments The Vtrgtnta Beach Development Authortty has asststed local and relocattng bustnesses wtth the following Industrial Revenue Bonds Number of bonds issued: 462 Dollar amount of lRBs issued:$1.28-BILLION Economic Development Investment Program (EDIP) Issued 96 EDIP grants worth $15,219,000 Creation/retention of 18,201jobs Capital investments totaling $555,300,000 Mr Jones advtsed the Department of Economtc Development wtll move to their new offices tn the Town Center on November 2, 2002 Donald L Maxwell, Dtrector of Economtc Development, advtsed through tts economtc development efforts, the Authority has generated economic results that have returned revenues and investments to the City many trines the ortgtnal fundtng Impact Summary Total Acreage Sold I, 398 Acres Total Assessed Value $ 721 2-MILLION Number of Compames 676 Total square footage 1 O, 349, 000 Total employment tn Vtrgtnta Beach Development Authortty properttes 13, 3 75 Total Annual Real Estate Taxes $ 8 80-MILLION Cumulattve Real Estate Taxes $ 76 5-MILLION Infrastructure Constructed (wtth VBDA funds) $ 5 4-MILLION September 24, 2002 -3- CITY COUNCIL'S BRIEFING VIR GINI,4 BE,4 CH DEVELOPMENT,4 UTHORITY ITEM # 50162 (Continued) In addttton to the loan outstan&ng to the Ctty, the Authortty has obtatned bank loans.for development projects These loans have tdenttfied repayment sources and are not a draw on VBDA resources The loans are as follows Corporate Landing Business Park: Loan with an original balance of $I O. O-MILLION was fully satisfied on March 22, 2002. Town Center Land Loan The loan is secured by a surety agreement with Town Center Associates, L.L.C. that requires the developer to purchase the land no later than December 2006. Outstanding Balance - $ 6,044,058 Social Services Lease Revenue Bonds Outstanding Balance - $ 8,368,904 Rent payments from the City to the ,4uthority are sufficient to make the required debt service payments. Town Center Public Facility Revenue Bonds Principal and interest will be paid with payments received from the City pursuant to a support agreement Outstanding Balance - $23,855,000 Future Requirements Infrastructure funding requirements To complete Corporate Landtng Bustness Park, between $3 0 and $ 5- MILLION (esttmated) will be requtred for addtttonal tnfrastructure Phase II tnfrastructureprovtdes for constructton of two roadways, one sewer pump statton, and three lakes Future land acquisitions Approxtmately 266 acres rematn avatlable wtthtn the corporate parks The abtltty to attract htgh wage jobs depends upon the avatlabtltty of developed land and sttes tn attracttve locattons The Ctty has made twenty-two (22) land assemblage, infrastructure and working capital loans to the Authortty for use tn acqutsttton and development of industrial/office parks wtthtn Vtrgtnta Beach and all but five of the loans were repatd through land sales The proceeds of the outstandtng loans were utthzed to satisfy a loan with Bank of America for the 31st Street parcel; pay down the loan with Bank of America for Corporate Landing Business Park; and, satisfy infrastructure improvement loans for Oceana West Corporate Park In 1995, Ctty Council consohdated the then-outstandmg loans, plus accrued tnterest, tnto one non-tnterest beartng note with payment not requtred unttl the Bank of Amertca loan had been fully sattsfied Under the terms of thts consohdatton, mterest on the Ctty loan was to begin accrmng on the extstmg unpatd prtnctpal balance once the Bank of Amertca note was sattsfied Payments were to be made from 95% of the proceeds from the sale of land owned by the Authortty In June 2002, Ctty Counctl suspended prmctpal and mterest provtstons of the loan agreement from March 22, 2002 unttl September 30, 2002 At thts ttme, the Authority has an outstandmg loan balance due the ctty of $7,491,468, including $1,235,331 in accrued interest dating back to 1974 This loan ts secured by first hens on the 31st Street parcel and Oceana West Corporate Park The outstan&ng loan tncludes the land acqutsttton cost for the 31~' Streetproperty and thts project ts important to this dtscusston In 1988, the Authority acqmred the 3 I~t Street parcel wtth proceeds from a loan from Bank of Amertca Thts Bank of Amertca loan was repatd tn January 1993 wtth a loan from the Ctty In July 1999, Ctty Counctl and the Authortty approved the 31,t Street Hotel Development Project and tn June 2002, the development project was mo&fled to tnclude the potenttat sale of the property The Ctty holds a Deed Of Trust note on thts property The release of the 3 ff Street parcel from the Deed Of Trust ts needed tn order to consummate the 31st Street Poject Although the Authortty currently owns the land, htstortcally the development of 31~t Street has been constdered a City project September 24, 2002 -4- CITY COUNCIL'S BRIEFING VIRGINIA BEA CH DEVELOPMENT A UTHORITY ITEM # 50162 (Continued) Mr Maxwell ctted the Alternaaves Cancel mterest poraon of consohdated loan, cancel prmctpal balance assoctated wtth 3 ]s' Street property and restructure rematmng debt as tnterestfree 2 Cancel prmctpal and tnterest on the consohdated Vtrgtma Beach Development Authortty loan $ Netther reconcde nor restructure the outstan&ng loan Virginia Beach Development Authority (VBDA) Request Cancellation of interest portion of deferred interest ($1,235,331) and the principal balance associated with the 3st Streetproperty ($4,830,936) for a total appropriation from fund balance of $6,066,267 Restructure remaining loan balance, $1,425,201 as an interest free note to be repaid with 10% of the net proceeds from land sales in Corporate Landing and Oceana West Release lien on 31~ Street property Mr Maxwell advtsed the Authortty has a full day Workshop scheduled for November 1, 2002, relaave Ctty Councd's gmdance, examtmng fundtng sources and the revenue stream from land sales As the agenda ts currently betng compded, Mr Maxwell requested City Councd members suggest items to be mcluded tn thts workshop Councd Lady Wdson recommended enhancement of mcenttves for new tndustrtes be tncluded tn the Legtslattve Package Conditions Net proceeds from etther the sale or ground lease of 3 Ist Street property wall be transferred to the Ctty when recetved No ad&ttonal debt wdl be tncurred by the Vtrgtnta Beach Development Authortty (VBDA) wtthout Ctty Councd's approval Estabhshment of a cash reserve from the sale of Authority land to fund tnfrastructure requtrements and strategtc land acqutstttons Ctty Counctl referenced the request to schedule for the City Councd Sesston of October 1, 2002 Ordtnance to APPROPRIATE $6,066,267 of Fund Balance to the General Fund of the Virginia Beach Development Authority's outstandtng obhgatton to the Ctty of Vtrgtnta Beach Mr Maxwell advtsed seven cents (7¢) ts received from the cigarette tax for the EDIP, whtch generates $1.7- MILLION forecasted thts year and next Each penny of the ctgarette tax generates approxtmately $242,000 However, shghtly over $1-MILLIONper year (thts year and the next four years) has been commttted to the Town Center project Thts reduces the amount to approxtmately $600, O00 per year for the next five years Councd Lady Wtlson advtsed Ctty Counctl has made economtc development one of tts top prtortttes Patrtcta Phdhps, Dtrector of Ftnance, advtsed the cigarette tax was tncreased last year to fund the major projects. The Ctty Manager advtsed as thts ts an actual approprtatton of funds, the Fund Balance wdl be reduced, but as tt was reserved tntttally for thts purpose, tt wtll not affect the bond rattng Asststant Ctty Attorney Carol Hahn advtsed there ts currently a covenant between the Ctty and the Authortty that addtttonal debt will not be incurred wtthout City Council's approval September 24, 2002 CITY -5- COUNCIL'S BRIEFING VIRGINIA BEA CH DE VEL OPMENT AUTHORITY ITEM # 50162 (Continued) Counctl Lady Eure advtsed, at the request of Mayor Oberndorf, she attended the Retreat wtth the Hampton Roads Chamber of Commerce tn Jacksonvtlle, Florida A dollar amount was not set, but they dtd estabhsh a fifteen percentage above the actual wage rate tn order to provtde mcenttves re locatton of new projects Mayor Oberndorf expressed apprectatton to Council Lady Eure for representing her tn dacksonvdle, and Counctl Lady Wtlson, theprevtous year representtng her tn Austtn, Texas, as she was unable to attend these functions Mayor Oberndorf further referenced tncenttves and competttton wtth Charlotte, North Carohna, to have Johnson and Wales rematn tn the Hampton Roads regton Charlotte's banking commumty made avatlable a complete butl&ngfor SI-MILLION to Johnson and Wales The banks offered further tncenttvefunds to borrow In return, Johnson and Wales ts commtttmg to $70-MILLION tn-campus tmprovement tn downtown Charlotte Asststant Ctty Attorney Carol Hahn advtsed the Development Agreement gtves the developer the optton to etther lease orpurchase the Mst Streetproperty Thepurchaseprtce ts $3 5-MILLION The leaseprtce vartes from year to year, but starts at approxtmately $520,000 a year and then changes The Developer can choose to lease first and purchase later or he can purchase now The clostng on the transactton ts anttctpated to be tn October 2003 or, tf the developer exerctses hts optton to extend for stx (6) months tn Aprt12004, then the proceeds would be recetved by the Authortty tn Aprt12004 If there ts a ground lease, the rental payments would be recetved annually If thts project does not come to fruttton, the property would be under tttle wtth the Vtrgtnta Beach Development Authortty, however, the proceeds would always go to the City Counctlman Jones, Ltatson to the Vtrgtnta Beach Development Authortty, advised the recommendattons are justtfied B Y CONSENSUS, the Ordinance to APPROPRIATE $6,066,267 of Fund Balance to the General Fund of the Virginia Beach Development Authority's outstandtng obhgatton to the Ctty of Vtrgtnta Beach shall be scheduled for the Ctty Counctl Sesston of October 1, 2002 September 24, 2002 -6- CITY COUNCIL'S BRIEFING SUPER HORNET COMMISSION 3:17P. M. ITEM # 50163 Mayor Oberndorf advtsed the Ctty Counctl APPOINTED the Super Hornet Commission and extended appreciation to all members of the Commission for their unselfish dedication Dudley Fulton, Chair - Super Hornet Commtsston, presented the recommendatton of the Super Hornet Commtsston, whtch has been meettngfor almost two (2)years The Commtsston utthzed the ttme effecttvely to study the prtor Environmental Impact Study (EIS), visit Oceana, and have experts address the Commission on a number of occastons When the actual Draft Environmental Impact Study (DEIS) was recetved a few weeks ago, the Commtsston was prepared At a Spectal Called Meettng on Monday, September 23, 2002, seven (7) members of the Commission voted in favor of and two (2) members abstained from accepting the recommended position. The Super Hornet Commtsston ts recommenchng Alternattve 1 Plactng all ten (lO)fleet squadrons, plus the Fleet Replacement Squadrons (FRS) at Oceana Naval Att Statton The Commtsston spent constderable time revtewtng sttpulattons of thts recommendation The Commtsston supported Alternattve 1, t fa fully capable (able to handle all the jets wtth refuehng capactty) Outlying Landtng Fteld (OLF) for Fteld Landmg Carrier Practice (FCLP) and "touch and go "operattons ts estabhshed by 2008 Furthermore, the Commtsston recommends that the Navy re-examtne opttons wtthtn Vtrgtnta, and, barring success tn that endeavor, the Washtngton County stte be chosen The fully capable stte wtll tnclude a refuehng statton so that the maxtmum practtcal number of FCLP and touch and go operattons for all aircraft stattoned at NAS Oceana could take place there The goal ts to reduce the tmpact at Fentress and Oceana from FCLPs and touch and go operattons to those that closely resemble that of Alternate 4A tn the DEIS which was the ctttng of stx (6) squadrons tn Virginia Beach and four (4) at Cherry Point, as the Commission wtshed that level of mtttgatton provtded by the Outlytng Fteld The Commtsston requests the Navy to formahze and process the momtortng of patterns at NAS Oceana, pohctes and proceduresfor comphance by the pilots The Commtsston encouraged the Navy to engage tn self monttortng, whtch ts not a determent to the mtsston of NAS Oceana or the safety oftheptlots and ctttzens Furthermore, the new control tower provtdes the Navy wtth a valuable tool because of the increased elevatton, which allows controllers to better momtor operattons The Ct ty Counctl and Navy estabhsh a formal revtewprocess for NAS Oceana's operations Thts could be a conttnuatton of the Commumty Leaders Forum, the Oceana Operattons Task Force or other benefictal tnterchanges between the Navy and commumty Thts should tnclude tndtvtduals tn the Navy command structure that have authortty over atrcrafi operattons The Navy should utthze the 1999 AICUZ map for compartson purposes, rather than the "2000 Base Map" tn the DEIS Mayor Oberndorf tnqutred re the definttton of "inverse condemnation" Robert Matthtas, Asststant to the Ctty Manager, advtsed some members of the commumty are maktng representattons that because of the dectston to move the planes from Cectl Fteld, thetr property values are not tncreastng as much as they would wtthout thts Federal dectston Counctl Lady McClanan expressed concern relattve the recommendatton and the degree of tmpact and norse Mr Dudley advtsed mtnutes are avatlable of the meettngs and Verbattm Mmutes of the Spectal Session on Monday All stdes of the tssue were presented September 24, 2002 -7- CITY COUNCIL'S BRIEFING SUPER HORNET COMMISSION ITEM # 50163 (Continued) Relattve the recommendatton, Mr Matthtas advised sites were reviewed basically between Oceana and Cherry Potnt, North Carohna, to enable utthzatton of both bases The Craven County stte ts 120 reties from Oceana, but close to Cherry Point If the Craven County stte ts utthzed, the only planes whtch wtll be able to reahsttcally utthze thts stte are the Super Hornets which carry 20% more fuel than the C & D atrcrafi Oceana prefers the Washington County stte, as tt ts only 70 mtles away and wtth refuehng capabthty, more of the planes could utthze thts facthty Vice Mayor Man&go advised Cherry Potnt has no need for an ad&ttonal outlytng field with its existing atrcrafi The runways and outlymgfields would not be suffictent for the Super Hornets The outlymgfield at Bogue fltes rtght hand patterns all the ttme The offictal census of atrcraft at NAS Oceana ts three hundred stxteen (316) Mr Matthtas advtsed tf all the Squadrons are placed here and the F-14S leave, the net loss would be twenty-five (25) atrcrafi Even under Alternattve 1, there would be 1800 fewerjobs at NAS Oceana The Super Hornets reqmre a smaller number of personnel to matntam the atrcrafi Council Lady Eure chd not beheve the Ctty was tn a posttton to revtew mthtary operattons Mr Fulton beheves the Commtsston feels the Navy wishes to be a good ctttzen Mr Matthtas referenced the Mayor vtstttng the federal offictals tn Washtngton, D C relattve the Super Hornets approxtmately stx (6) months ago Admtral Malone advtsed the Navy ts somettmes tts own worst enemy because they do notpohce themselves He satd they are going to do a betterdob The Mthtary Ltatson Commtttee ts an tdeal vehicle for the Ctty Counctl to utthze Admtral Archttzel, Admtral Malone 's successor and Captatn .Jason A Leaver, the new Commander at NAS Oceana, wishes to do everythmg posstble to assure thts ts a "communtty for a hfettme" Counctl Lady Wtlson spoke wtth Captam Ertc Benson, former Comman&ng Officer at Oceana, who advtsed there have been over 300 meettngs wtth commumty groups Under hts, Captatn Zobel 's and Captatn Silvers leadershtp, the Navy ts working towards being "better netghbors" Mayor Oberndorf referenced the adoptton of the Airport Zomng Ordtnance }Ytthtn the high norse zones, restdenttal butldtngs must have suffictent built-tn norse attenuatton to reduce the dectbet BY CONSENSUS, thts ttem shall be SCHEDULED for the Ctty Counctl Sesston of October 1, 2002 September 24, 2002 _$_ AGENDA RE VIEW SESSION 3:57P. M. ITEM # 50164 HI Resolution acknowledgtng the dedtcatton of Peter Lawrence tn the 2002 Rock 'N' Roll Half Marathon Mayor Oberndorf requested Counctlman Maddox read the Resolutton tn recognttton of Peter Lawrence Councilman Maddox has worked wtth Mr Lawrence on the Resort Leadershtp Counctl and a number of other opportuntttes ITEM # 50164 H3 Resoluttons to REFER proposed amendments to the Ctty Zonmg Ordtnance (CZO) to the Planntng Commtsston for recommendation a AMEND 3~203 re off-streetparking requirements for a use tn B-3A Pembroke Central Bustness Core Dtstrtct AMEND 902 to change minimum setback requirements to be between zero and 10 feet from a street tn B-3A Pembroke Central Bustness Core Dtstrtct Deputy Ctty Attorney Macah dtstrtbuted a Revtsed verston of H 3 a re ~203 re off-street parking requirements Counctlman Jones wtll ABSTAIN. ITEM # 50165 H7 Ordtnance to TRANSFER $195,166 from the General Fund Reserve for Conttngenctes to the City Treasurer's FY 2002-03 Operatmg Budget re additional personnel Counctl Lady McClanan expressed concern and dtd not understand tf these personnel were essenttal why thts was not tncluded tn the Operattng Budget The Ctty Manager advtsed the office ts concerned about havtng ample ttme durtng FY 2002-2003 to adequately planfor the new vehtcle regtstratton and collectton process with the DMV (to be implemented tn FY2003-04) Steve Thompson, Chtef Ftnanctal Officer, advised during the City Council workshop of Aprtl 16, the Ctty Treasurer tndtcated he had a need for addtttonal staff due to the tmpact of tmplementtng the new cashiering system, tntegratton the extsttng tax collectton software tnto thts new system and, most tmportantly, the converston of the decal Mr Thotnpson beheves the Ctty Treasurer's concerns have mertt The new cashiering system ts creattng more work than expected and ts not a short term problem Thts prtmartly tnvolves data entry Implementatton of thts system wtll take at least through next year The City Counctl expressed the destre that these postttons be on a temporary basts The Ctty Manager advised these postttons would be evaluated wtth the next budget cycle and tnformatton relattve the status of the cashtertng system wtll be provtded Counctlman Jones requested the posstble ehmtnatton of these postttons through future attrtttons or rettrement ITEM # 50165 B Y CONSENSUS, thefollowtng shall compose the CONSENTAGENDA: RESOL UTIONS/ORDINANCES HI Resolutton acknowledging the dedtcatton of Peter Lawrence tn the 2002 Rock 'N' Roll Half Marathon. September 24, 2002 -9- ,4 GEND,4 RE VIE W SESSION ITEM # 50165 (Continued) H2 H3 H4 H5 Resolution to ,4CKNOWLEDGE the corporate name change of the Umted Cerebral Palsy of Southern and Central Vtrgtnta, Inc to United Cerebral Palsy of Virginia and conttnue support of legtslatton to EXEMPT taxatton for thts charttable organtzatton Resoluttons to REFER proposed amendments to the Ctty Zontng Ordtnance (CZO) to the Plannmg Commtsston for recommendatton AMEND 3~203 re off-street parking requirements for a use tn B-3,4 Pembroke Central Bustness Core Dtstrtct AMEND ~902 to change minimum setback requirements to be between zero and 10 feet from a street tn B-3,4 Pembroke Central Bustness Core Dtstrtct Ordtnance to ,4UTHORIZE an encroachment tnto portions of the City's rtght-of-way by ROGER D. and JO,4N C. STANUS for constructton of an 8' x 8' pter wtth statrs into the Ctty'S dratnage easement over a canal at 900 Verano Court (Lagomar) Ordtnance to ,4PPROPRI,4TE $231,750 from the Ftre Programs Fund to the Ftre Department's FY 2002-03 Operating Budget repurchase offifieen Thermal lmaging Cameras. H6 H7 Department of Mental Health, Mental Retardatton and Substance Abuse Servtces (MHMRS,4) re reimbursement to employee for legal fees and expenses Ordtnance to TRANSFER $195,166 from the General Fund Reserve for Conttngenctes to the City Treasurer's FY 2002-03 Operattng Budget re additional personneL Item H 3 a wall be REVISED Counctlman Jones will ABSTAIN on Item H 3a/b Mayor Oberndorf, Counctl Members Eure, Maddox and Schmtdt wtll vote NAY on Item H 7 September 24, 2002 -10- AGENDA RE VIEW SESSION ITEM # 50166 I1 Apphcatton of CURTIS E. and RHONDA L. BOWEN for the replacement o_f a nonconformmg use as a horse stable, garage and storage shed damaged last year tn a storm by a fallen tree at 2221 Salem Road, contammg 40,000 square feet (DISTRICT 1 - CENTER VILLE) Mayor Oberndorf referenced an e-mad tn opposttton Counctl Lady Eure revtewed the stte and has questtons of the apphcant She went by the property and one cannot tell the structures have been damaged ITEM # 5016 7 12 Apphcatton of WILLIAM J. and HEIDI L. LYNCH and GERALD E. and STELLA F. MCCLELLAN for a Vartance re certatn elements of the Subdtvtston Or&nance, Sectton 4 4(b), that reqmres all newly created lots meet the requtrements of the City Zomng Ordtnance (CZO) and reduce reqmred street wtdth at 2541 and 253 7 Salem Road, contatntng 0 64 acres (DISTRICT 7 - PRINCESS ANNE) Counctl Lady McClanan wtll vote NAY ITEM # 50168 13 Apphcatton of TOWN CENTER ASSOCIATES, LL C for a Condtttonal Use Permtt re multtple famtly dwelhngs (342 untts) on the north stde of Columbus Street, west of Constttutton Drtve, contatmng 2 205 acres (DISTRICT 5 - L YNNHA VEN) Mayor Oberndorf requested Asststant Ctty Attorney Carol Hahn present tnformatton and asked tf thts apartment complex ts stmtlar to the one tn Oyster Point Town Center tn Newport News The Ctty Manager advtsed thts ts not the Phase II Agreement whtch ts scheduled for later tn the Fall Thts ttem ts stmply addresstng the questton of utthzatton of Block 10 for multt-famtly land uses Thts complex ts stmtlar to the one tn Newport News One of the vttal key tngre&ents tn Town Centers across the natron ts havtng restdenttal located wtthtn the complex Assistant City Attorney Carol Hahn advised the Memorandum of Understan&ng relattve Phase H of the Town Center project was approved tn December 2001 Ms Hahn dtstrtbuted a two sheet summary re the elements of Block 10 and the pubhc tnvestment and prtvate investment of Phases I and II TOWN CENTER - PHASE H PUBLIC INVESTMENT PRIVATE INVESTMENT Block 10 836 space pubhc parktng garage 342 untt htgh-rtse apartments (387,280 si) 43,331 sf commerctal Block 3 76, 350 sf commerctal Block 8 49, 575 sf commerctal Block 12 300 space pubhc parktng garage 86, 000 sf anchor retad 16, 300 sf commerctal + $13 5-MILLION +$ 4 5-MILLION Infrastructure $ 5 6-MILLION +$40 O-MILLION +$ 9 5-MILLION +$ 6 2-MILLION +$12 8-MILLION September 24, 2002 -Il- AGENDA RE VIEW SESSION ITEM # 50168 (Continued) Burrell Saunders, Architect, provided renderings deptcttng Block 10 and the luxury residential apartments Mr Saunders advtsed there ts a hfestyle wtth the Town Center provtdtng conventent enjoyment of the acttvtttes present Places of thts nature are very popular Even the penthouses tn these complexes are the first to be rented The hetght of the apartment ts approxtmately the hetght of Columbus One Tony Nero - Armada Hoffler, advtsed these apartments wtll be prtced to meet the market There has been tremendous tnterest tn offices locattng tn the 21-story office butldtng, although the rents are substanttally htgher The theme ts "hve, work and play" Counctl Lady McClanan wtll vote NAY on thts ttem Counctlman Jones wtll ABSTAIN ITEM # 50169 14 Apphcatton of CITY OF VIRGINIA BEACH for chsconttnuance, closure and abandonment re a portton of Old Princess Anne Road on the west stde of Prtncess Anne Road, north of Flanagans Lane, contatmng 22,590 square feet (DISTRICT 7- PRINCESS ANNE) Jtm Lawson, Real Estate - Pubhc Works, advised INDEFINITE DEFERRAL ts requested as there ts a separate but related request betng revtewed by the Ctty Attorney Thts related request ts' an Excess Ctty property that ts tted tnto a settlement of a condemnatton stat pendtngfor several years ITEM # 50170 BY CONSENSUS, the followtng shall compose the PLANNING BY CONSENT AGENDA: 12 Appltcatton of WILLIAM J. and HEIDI L. LYNCH and GERALD E. and STELLA F. MCCLELLAN for a Vartance re certatn elements of the Subdtvtston Ordinance, Section 4 4(b), that requires all newly created lots meet the requtrements of the City Zonmg Ordtnance (CZO) and reduce requtred street wtdth at 2541 and 253 7 Salem Road, contatntng 0 64 acres (DISTRICT 7- PRINCESS ANNE) 13 Apphcatton of TO WN CENTER ASSOCIATES, LL C for a Condtttonal Use Permtt re multtple faintly dwelhngs (342 units) on the north stde of Columbus Street, west of Constttutton Drtve, contatntng 2 205 acres (DISTRICT 5 - L YNNHA VEN) 14 Apphcatton of CITY OF VIRGINIA BEACH for dtscontmuance, closure and abandonment re a portton of Old Princess Anne Road on the west side of Prtncess Anne Road, north of Flanagans Lane, contatmng 22, 590 square feet (DISTRICT 7 - PRINCESS ANNE) Counctl Lady McClanan wtll vote NAY on Items 12 and 13 Counctlman Jones wtll ABSTAIN on 13 Item 1 4 wtll be DEFERRED INDEFINITEL Y, B Y CONSENT. September 24, 2002 - 12- CITY COUNCIL COMMENTS 4:20 P.M. ITEM # 50170 Mayor Oberndorf expressed apprectatton to the Ctty Manager and hts staff for the Virginia Beach Remembers September Eleventh memorials A livingflagformed at the Verizon Amphitheater. A service at 9:30 A.M. was held at Police Headquarters, Public Safety Building. A "Remember September 11tn'' Concert was held at 7:30 P.M. at the Verizon Amphitheater. ITEM # 50171 Councd Lady Wtlson referenced the excellent presentatton re HEALTH CARE 2003 PLAN YEAR at the Ctty Counctl Workshop of September 17, 2002 Commencmg tn January, the employee 's portton for a stngle subscriber ts gotng to be approximately $16 O0 Counctl Lady Wilson tnqmred the cost if the City assumes thts payment Counctl Members Wood and Maddox concurred wtth Counctl Lady Wtlson and thts proposal should seriously be constdered The City Manager advised, ~f present parttctpatton rates continue, tt would be approximately $480,000 a year for Ctty employees The cost for schools would be shghtly over $800,000 One of the tssues betng evaluated ts the effect of employees who are not current parttctpants Meetings have been conducted wtth Schools to coor&nate acttvtttes Thts study should be completed tn approxtmately three (3) weeks The City Manager advised Councdman Reeve relative the process of a sole health provtder, the Ctty ts going to evaluate some other opttons as tn movtng toward a "cafeterta plan" The Ctty mtght not have the same coverage thts year as next but would "shop "for the most effecttve coverage Councdman Jones satd the Ctty Council wishes to make sure that everyone of the employees has health tnsurance, but that does not necessartly mean the Ctty has to payfor everyone There ts not necessardy gotng to be a large tncrease tn cost A number of ctty employees tn the Ctty have tnsurance coverage elsewhere Councdman Jones has &scussed thts matter wtth the Ctty Attorney The Ctty does not have to provtde tnsurance coverage when that employee has coverage elsewhere ITEM # 50172 Counctl Lady Eure advtsed the General Accounting Office called and requested she and Deputy Pohce Chtef Gregory Mullen meet wtth them re the facial recognition cameras at the oceanfront A nattonal study ts bemg conducted by the General Accounting Office re these visual cameras ITEM # 50173 CouncM Lady Eure also referenced the request of CBN (Christian Broadcasting Network) to present thetr theater to Ctty Counctl Mayor Oberndorf advtsed correspondence has been forwarded to CBN The Ctty Manager referenced telephone calls have been exchanged for approxtmately a month re these arrangements ITEM # 50174 Councd Members Reeve and Schmtdt referenced the third Virginia Beach Transition Area Technical Review Committee Meeting on Monday, September 23, 2002 This meettng was very pro&tcttve Robert J Scott, Dtrector of Planmng, concurred and retterated cooperatton was evtdent Counctlman Reeve apprectated the pubhc nottces and advtsed approxtmately fifieen ctttzens attended Counctlman Vtllanueva tnqutred who responds to the e-marls forwarded to Ctty Councd Mayor Oberndorf advtsed her office responds, on behalf of the Ctty Counctl, after the issue has been researched ITEM # 50175 Vtce Mayor Man&go referenced the Minority Business Council met last Monday, September 16, 2002, and revtewed the goals and objecttves (which have not been finahzed), then they adjourned tnto Executtve Sesston September 24, 2002 - 13- CITY COUNCIL COMMENTS ITEM # 50176 Vice Mayor Man&go advised the Princess Anne/Kempsville Intersection Planning Meeting was conducted last week and attended by the majortty of the members of the Advtsory Commtttee Counctl Lady McClanan was tn attendance Ktmberly Horne, who have been the engtneers tnvolved tn the destgn and all the work performed to date have lost thetr contract and wtll be replaced by Vtrgmta Department of Transportatton (VDOT) employees At the present ttme, the new land betng created by relocattng the tntersectton ts betng examtned ITEM # 50177 Council Lady McClanan referenced a constttuent's concern relattve the dtfficulty to get the Health Department's Insurance hne relattve hepatitis precauttons The Health Department nottce needs to be revtsed as tf one ate tn the McDonald's on Independence Boulevard earher than the dates specified, one could now have the symptoms C Oral Lambert, Chtef Operattng Officer, had a representattve contact the tndtvtdual Mr Lambert advised this was a very busy restaurant The Health Department's telephone system was overloaded first thtng thts mormng There were over 300 people watttng outstde the butldtng The Department has made arrangements for other telephone stattons to be utthzed September 24, 2002 - 14- CITY COUNCIL LIAISONS 4:38 P.M. ITEM # 50178 Mayor Oberndorf advtsed there are three (3) types of Ctty Counctl Ltatsons AD HOC COMMITTEES; BOARDS/COMMISSIONS - [Permanent Standing]; and, TASK FORCES - EXTERNAL AGENCIES AD HOC COMMITTEES BOARDS and COMMISSIONS REVIEW~STUDY Reba S. McCLANAN CITY~SCHOOL CONSOLIDATION Rosemary Wilson JOINT CITY~SCHOOL MODERNIZATION Margaret L. Eure JOINT CITY~SCHOOL REVENUE SHARING Mayor Meyera E. Oberndorf LEGISLATIVE COORDINATION Rosemary Wilson Rosemary Wilson James L. Wood Ron A. Villanueva Vice Mayor Robert C. Mandigo, Jr Ron A. Villanueva BOARDS and COMMISSIONS A GRICUL TURAL AD VISOR Y COMMISION Jim Reeve BEACHES and WA TER WA YS (currently on recess) Jim Reeve Rosemary Wilson DEVELOPMENT AUTHORITY Louis R. Jones Margaret L. Eure MILITARY LIAISON COMMITTEE Mayor Meyera E. Oberndorf MINORITY BUSINESS COUNCIL Vice Mayor Robert C. Mandigo, Jr. OPEN SPACE ADVISORY COMMITTEE Margaret L. Eure Vice Mayor Robert C. Mandigo, Jr. Jim Reeve REVIEW and ALLOCATION - COG Reba S. McClanan James L. Wood SHORE DRIVE AD VISOR Y COMMITTEE Louis S. Jones James L. Wood TASK FORCES - EXTERNAL AGENCIES HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE Mayor Meyera E. Oberndorf Donald Maxwell HAMPTON ROADS Mayor Meyera E. HAMPTON ROADS Rosemary Wilson PAR TNERSHIP Oberndorf PLANNING COUNCIL HAMPTON ROADS PLANNING DISTRICT COMMISSION- [HRPDC] Mayor Meyera E. Oberndorf Vice Mayor Robert C. Mandigo, Jr. Margaret L. Eure Louis R. Jones Peter W. Schmidt James K. Spore James L. Wood HAMPTON ROADS TRANSPOR TA TION DISTRICT COMMISSION - [HR TI Richard A. Maddox September 24, 2002 - 15- CITY COUNCIL LIAISONS ITEM # 50178 (Continued) SOUTHEASTERN PUBLIC SER VICE ,4 UTHORITY - [SPSA] No Liaisons Michael Barrett Wade Kyle WATER TASK FORCE Mayor Meyera E. Oberndorf Louis R. Jones James K. Spore Leslie L. Lilley SPECIAL PROJECTS CONVENTION CENTER Margaret L. Eure Richard A. Maddox ELIZABETH RIVER - EASTERN BRANCH Vice Mayor Robert C. Mandigo, Jr. FALSE CAPE LODGE Jim Reeve Peter W. Schmidt GOLF COURSE Margaret L. Eure L YNNHA VEN RIVER Peter W. Schmidt Peter W. Schmidt PRINCESS ANNE / WITCHDUCK/KEMPSVILLE ROADS INTERSECTION Vice Mayor Robert C. Mandigo, Jr. RUDEE LOOP Louis R. Jones Richard A. Maddox SANDBRIDGE / FERRELL ROADS Jim Reeve SOUTHEASTERN PARKWA Y~ GREENBELT Louis R. Jones Margaret L. Eure THIRTY-FIRST STREET DEVELOPMENT Richard A. Maddox Vice Mayor Robert C. Mandigo, Jr. TOWN CENTER Vice Mayor Robert C. Mandigo, Jr. Peter W. Schmidt TRANSITION AREA TECHNICAL AD VISOR Y COMMITTEE Jim Reeve Peter W. Schmidt September 24, 2002 -16- ITEM # 50179 Mayor Oberndorf called to order the second INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, September 24, 2002 at 5 08PM Counctl Members Present Margaret L Eure, Louts R clones, Reba S McClanan, Richard A Maddox, Vtce Mayor Robert C Mandtgo, dr, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson, and dames L Wood Counctl Members Absent None September 24, 2002 -17- ITEM # 50180 Mayor Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts second CLOSED SESSION, pursuant to Section 2 1-344(A), Code of k'trgtnta, as amended, for the followtng purpose PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospective can&dates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, &sctphntng, or restgnatton of spectfic pubhc officers, appomtees, or employees pursuant to Sectton 2 2-3711 (A) (1) To Wtt Appotntments Boards and Commtsstons Chesapeake Bay Preservatton Area Board Htstortcal Review Board Parks and Recreatton Commtsston Pubhc Library Board Towtng Advtsory Board Vtrgtma Beach Transition Area Techntcal Advtsory Commtttee PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the &sposttton of pubhcly-held real property, where &scusston tn an open meetmg would adversely affect the bargatmng posttton or negottattng strategy of the pubhc body pursuant to Sectton 2 2-3711(A)(3) Agricultural Reserve Project -Prtncess Anne District Acqutsttton of Property - Beach Dtstrtct LEGAL MA TTERS Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertatmng to actual or probable httgatton, or other spectfic legal matters requtrtng the provtston of legal advtce by counsel pursuant to Sectton 2 2-3771(A)(7) Ctty of Vtrgtnta Beach & Phthp d Kellam v Sentara Upon motton by Vtce Mayor Man&go, seconded by Counctl Lady Wilson, Ctty Counctl voted to proceed tnto CLOSED SESSION. Vottng 11-0 Counctl Members l/'ottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, RtchardA Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wzlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None 3 Minute Recess (5:08 P.M. - 6:12 P.M.) September 24, 2002 - 18- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL September 24, 2002 6:15 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Councd Chamber, Ctty Hall Buddmg, on Tuesday, September 24, 2002, at 6 I5 P M Councd Members Present Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jzm Reeve, Peter W Schmzdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Absent None INVOCATION Reverend Mark A Tyree, Pastor Key Stone Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA September 24, 2002 Item V-E. - 19- CER TIFICA TION OF CLOSED SESSION ITEM # 50181 Upon motton by Counctlman Jones, seconded by Vtce Mayor Mandtgo, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng requtrements by Vtrgtma law were dtscussed tn Closed Sesston to whtch thts certtficatton resolution apphes, AND, Only such pubhc bustness matters as were identified tn the motion convenmg the Closed Sesston were heard, dtscussed or constdered by Vtrgznta Beach City Council Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None September 24, 2002 OUR #~' RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The V~rg~nia Beach C~ty Council convened ~nto CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 50180, page 17, and ~n accordance w~th the prows~ons of The Virginia Freedom of Information Act, and, WItEREAS' Section 2 2-3 711 (A) of the Code of V~rg~ma requires a certification by the governing body that such Closed Session was conducted ~n conformity w~th V~rg~ma law NOW, THEREFORE, BE IT RESOLVED' That the V~rg~ma Beach C~ty Council hereby certifies that, to the best of each member's knowledge, (a) only pubhc bus~ness matters lawfully exempted from Open Meeting reqmrements by V~rg~ma law were &scussed ~n Closed Session to which this certfficat~on resolution apphes, and, (b) only such pubhc bus~ness matters as were ~dentffied ~n the motion convening th~s Closed Session were heard, d~scussed or considered by V~rg~ma Beach C~ty Council C~ty Clerk September 24, 2002 Item V-F. 1. - 20 - MINUTES ITEM # 50182 Upon motton by Counctlman Jones, seconded by Vtce Mayor Man&go, Ctty Counctl APPROVED the Mtnutes of the INFORMAL AND FORMAL SESSIONS of September 10, 2002. Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmtdt, RonA Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None September 24, 2002 Item V-E.2. - 21 - MA YOR 'S PRESENTATION ITEM # 50183 Mayor Oberndorf RECOGNIZED the followtng Girl and Boy Scouts tn attendance to earn their badges GIRL SCOUT TROOP #667 Sponsored by Rosemont Forest Elementary School Nicole Jakimjuk BOY SCOUT TROOP #362 Jason Jakimjuk Alexander A. Jakimjuk September 24, 2002 Item V-G. - 22 - ADOPT AGENDA FOR FORMAL SESSION ITEM # 50184 B Y CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION The Mayor requested Ctty Councd ADD Proclamatton re Race Equality Week (September 23-27, 2002) sponsored by Mayor Oberndorf and the Nattonal League of Ctttes September 24, 2002 Item V-G.2. - 23 - M~4 YOR 'S PRESENTATION ITEM # 50185 Mayor Oberndorf PROCL~41MED: September 23-27, 2002 Race Equality Week The Nattonal League of Ctttes ts commttted to promottng ractal equahty andjusttce as a fundamental aspect ora healthy communtty and has urged local offictals across the Country to renew thetr commttment By Act of Congress of the Untted States dated July 2, 1964, the Civil Rights Act of 1964, was adopted banning dtscrtmtnatton because of a person's color, race, nattonal ortgtn, reltgton, or sex The Vtrgtnta Beach Human Rtghts Commtsston, serves as a postttve advocate for human rtghts tn our community and promotes mutual understan&ng and respect among ctttzens September 24, 2002 Item V-G. 3. - 24 - ADD-ON ITEM # 50186 Upon motzon by Councilman Jones, seconded by Councilman Schmtdt, City CounctI ADDED to the Agenda Proclamatzon re Race Equality Week (September 23-27, 2002) sponsored by Mayor Oberndorf and the National League of Czttes Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rzchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Council Members Absent None September 24, 2002 Item V-G. 4. - 25 - ADD-ON ITEM # 5018 7 Upon motion by Council Lady Wilson, seconded by Councilman Jones, City Counctl ADOPTED: Proclamatton re Race Equality Week (September 23-27, 2002) sponsored by Mayor Oberndorf and the Nattonal League of Ctttes Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vice Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Council Members Absent None September 24, 2002 B~he~ta$: ~l~erea$: ~Vtlerea$: c~erea$: ~lT~e Hationa££ e~ue of Cities is commit ted to promoting racia£ equallt y andjustice the country to renew their commitment; am( · yAct of Conaress of the WnitedStates datedJu£y 2, 1964, the Civi£PdghtsAct of 1964 was adopted banning ~F~crimination because of a person's co£or, race, national origin, re£~gion, or sec and ~ByAct of Congress of the ~)nitedStates datedJuly 9, 1868, the 14th Amendment of the Constitution of the ~)nitedStates gi~ing allpersons born or naturabzedin the ~)nitedStates the right to due process and equalprotection under the law; and rlf~e Virginia Reach 9fuman Rights Commission, serves as a positive advocate for human rights in our community and promotes mutual understanding and respect among citizens: How, Therefore, L ~eyera B. ObenulovC,, Mayor of the City of Virginia Beach, Virginia, do hereby Proclaim: September 23-2 7, 2002 Race Equality Week In Virginia Cbeach, and I reaffirm my commitment to ensuring racial equality and justice in our community aml to ~vorking with the Hational League of Cities to sustain this commitment throughout the country. I further urge all Civic Leagues and Citizens to support efforts that declare racism unjust aml that advocate equalrights for all. In Witness %Vhereof I have hereunto set my hamlandcausedthe OfficialSealof the City of Virginia Cbeach, Virginia, to be affixedthis Bi. fih day of September, Two ThousandTwo. · 9~leyera B. 06e,ulo9c 9~'layor Item V-H. - 26- RESOL UTIONS/ORDINANCES ITEM # 50188 Upon motion by Councilman Jones, seconded by Vice Mayor Mandtgo, City Counctl APPROVED IN ONE MOTION Items 1, 2, 3a (REVISED), 3b, 4, 5, 6 and 7 CONSENTAGENDA Voting 1 I-0 (By Consent) Council Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A Maddox, Vice Mayor Robert C Mandtgo, Jr, 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 Councilman Jones DISCLOSED and ABSTAINED on Item H 3a/b (CZO re off street parking requirements and mtmmum set back requtrements tn the B-3A Pembroke Central Bustness Core DtstrtcO as he has an ownershtp interest tn Resource Bank, whtch exceeds three percent of tts total equtty Resource Bank has entered into 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 tn negottattons to lease a new butldtng at the Town Center Mayor Oberndorf, Counctl Members Eure, Maddox and Schmtdt voted a VERBAL NAY on Item H 7 (Ctty Treasurer re addtttonal personneO September 24, 2002 Item V-H. 1. -27- RES OL UTIONS/ORDINANCES ITEM it 50189 James Rtcketts, Dtrector of Conventton and Vtsttor Development, advtsed approximately 15,000 runners parttctpated for each of the first two years of the race 70% of these parttctpants were from other states as well as other natrons The Governor's Conference on Travel and Tourtsm awarded Vtrgmta Beach for thts outreach effort Thts event has recetved "worm wtde" attentton through major televtston networks Upon motton by Counctlman Jones, seconded by Vtce Mayor Man&go, Ctty Counctl ADOPTED Resolutton acknowledgtng the de&cation of Peter Lawrence tn the 2002 Rock 'N' Roll Half Marathon. Counctlman Maddox read the Resolutton and presented same to Peter Lawrence for hts unselfish efforts Peter Lawrence extended apprectatton to Jtm Rtcketts and the staff of Conventton and Vtsttor Development, Pohce, Ftre, Emergency Me&cal Servtces, the restdents and bustnesses tn the resort ara Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, 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 September 24, 2002 14q-IERF. AS, the Rock 'n' Roll Half Marathon in Virginia Beach, the largest first-time Half Marathon in national history, has provided tremendous national and international exposure to the City, attracting ~5,ooo registrants for each of the first two years of the race; and WHER FAS, the Half Marathon which attracts participants from all 50 states and ~6 foreign countries, is the largest participatory sports event in the Commonwealth of Virginia; and I4rHEREAS, organizations, research; and through cooperative efforts with various charitable race participants have raised over $£ million for cancer I4rHEI? FAS, the Rock 'n ' Roll Half Marathon in Virginia Beach is the winner of the eooe Virginia Governor's Conference on Travel and Tourism Special Award for outreach effort of the year and was listed one of the 25 best Half Marathons in the country by Runners World Marathon; and I4ZHEI? FAS, the Rock 'n 'Roll Half Marathon in Virginia Beach has contributed to an improved Labor Day weekend festival and economy for eoo~ and eooe. NOW, THEREFORE, BE ITRESOLVED: That the City Council of the City of Virginia Beach does hereby recognize the work of Peter C. Lawrence for his hard work and dedication, working with the Virginia Beach Department of Convention and Visitor Development, to attract the Rock 'n' Roll Half Marathon and to develop sponsorships for this and similar races across the country. ADOPTED by the City Council of the City of Virginia Beach, Virginia this 2 4 th day of September~ 2002. - 28- Item V-H. 2. RES OL U TIONS/ORD INA NCES ITEM # 50190 Upon motion by Councdman Jones, seconded by Vtce Mayor Mandtgo, Ctty Counctl ADOPTED Resolutton to ACKNOWLEDGE the corporate name change of the Umted Cerebral Palsy of Southern and Central Vtrgtnta, Inc to United Cerebral Palsy of Virginia and continue support of legtslatton to EXEMPT taxatton for thts charttable organtzatton Votmg I 1-0 (By ConsenO Council Members Voting Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vice Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Council Members Absent None September 24, 2002 A RESOLUTION ACKNOWLEDGING THE CORPORATE NAME CHANGE OF UNITED CEREBRAL PALSY OF SOUTHERN & CENTRAL VIRGINIA, INC., AND EXPRESSING CONTINUED SUPPORT FOR LEGISLATION TO DESIGNATE THIS ORGANIZATION AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, in the fall of 2001, United Cerebral Palsy of Southern & Central Virginia, Inc. ("United Cerebral Palsy"), requested the Council of the City of Virginia Beach to adopt a resolution supporting its request that the General Assembly designate the real and personal property of United Cerebral Palsy as being exempt from local real and personal property taxation; WHEREAS, in accordance with ~ 30-19.04(B) of the Code of Virginia, the Council of the City of Virginia Beach adopted such a resolution on December 4, 2001(RES-02902); WHEREAS, the necessary legislation to exempt United Cerebral Palsy was not introduced in the General Assembly during its 2002 session; and WHEREAS, in the spring of 2002, United Cerebral Palsy changed its corporate name to "Cerebral Palsy of Virginia." NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby acknowledges that United Cerebral Palsy of Southern & Central Virginia, Inc., has changed its corporate name to "Cerebral Palsy of Virginia," and expresses its continued support for legislation to designate this organization as a benevolent organization within the context of ~ 6(a) (6) of Article X of the Constitution of Virginia and exempt from local property taxation all real and personal property owned by Cerebral Palsy of Virginia that is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis. 35 36 37 2. That the City Council expresses its support for an effective date of July 1, 2002, for the legislation exempting Cerebral Palsy of Virginia from local property taxation. 38 39 4O Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of September , 2002. 41 CA-8597 ORDIN\NONCODE\cerebralpalsytaxexres. wpd R-1 September 6, 2002 APPROVED AS TO LEGAL SUFFICIENCY' Department ~ Law Item V-H. 3. - 29- RES OL UTIONS/ORDINANCES ITEM # 50191 Upon motion by Councilman Jones, seconded by Vice Mayor Mandtgo, Ctty Councd ADOPTED Resoluttons to REFER proposed amendments to the Ctty Zontng Ordinance (CZO) to the Planning Commtsston for recommendation a AMEND 39203 re off-streetparking requirements for a use tn B-3A Pembroke Central Bustness Core Dtstrtct (REVISED) b. AMEND ~902 to change minimum setback requirements to be between zero and lO feet from a street tn B-3A Pembroke Central Busmess Core Dtstrtct Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Reba S McClanan, Rtchard A Maddox, Vice Mayor Robert C Mandtgo, Jr, 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 Abstatntng Louts R Jones Counctl Members Absent None Counctlman Jones DISCLOSED and ABSTAINED on Item d 5 (CZO re stgn regulattons tn the B-3A Pembroke Central Business Core DtstrtcO as he has an ownershtp tnterest tn Resource Bank, whtch exceeds three percent of its total eqmty Resource Bank has entered into a participation agreement wtth Monarch Bank for a hne of credtt to Armada Hoffler Properttes It ts hkely that Armada Hoffler Properties, wtll manage the Town Center for the project's developer, Town Center Assoctates Also, Resource Bank ts tn negottattons to lease a new butldtng at the Town Center September 24, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO SECTION 203 OF THE CITY ZONING ORDINANCE, PERTAINING TO OFF-STREET VEHICULAR PARKING REQUIREMENTS IN THE B-3A PEMBROKE CENTRAL BUSINESS CORE DISTRICT WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: There is hereby referred to the Planning Commission, for its consideration and recommendation, proposed amendments to Section 203 of the City Zoning Ordinance, pertaining to off-street vehicular parking requirements in the B-3A Pembroke Central Business Core District. A true copy of such proposed amendments is hereto attached. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Planning Commission be, and hereby ms, d±rected to transmit to the City Council its recommendatIon concerning the aforesaid amendments no later than thirty (30) days after the date of adoption of this Resolution. 23 24 Adopted by the City Council of the City of Virginia Beach, Virginia, on the24th day of September , 2002. 25 26 27 28 CA-8621 wmm\ordres\B3Aparklngres, wpd R-1 September 16, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 REVISED VERSION AN ORDINANCE TO AMEND THE OFF-STREET VEHICULAR PARKING REQUIREMENTS FOR THE B- 3A PEMBROKE CENTRAL BUSINESS CORE DISTRICT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Section 203 of the City Zoning Ordinance, pertaining to off-street parking requirements, is hereby amended and reordained to read as follows- Sec. 203· Off-street parking requzrements. · · · (i) In any --- ~ :--~:~vl~-- for the change of zonin- district classzfzcatzon of any proper =u o-J~ :=,,,wroke Ce-=ral Business Core District, the applicant shall demonstrate ' ' ' 1_-' _ -~- -- ~-= =~ ......... : ~-=~- par~g for ~ ~=z= lo sufficient proposed use or uses, either on the property whi-~ is the property ' one thousand frye ~u~=~ (l,u~) f=et of the proposed _ _ ' ' ' -- -- -- 1.2 ' u== such pazkzng ms znt ....... to ~= . =~u=u rye If parmmng is to be pzovz~=~ off-szte, zt s~l ~,,==~ the requzrements for off-site parkzng faczlzties set for=~ zn Sectzon 901 of =~' - .... ~ ~ - ' -- the applicant may ~ls v~ u~nance, n~t =mat ivelI , contra~ wz~.~ a ~~ entzty for the use of p~ulzcly-owned parking spaces ~. ~uch ~=~mo ao may be agreed upon by the applicant and the public entity, subject to the approval of the City Council. Parking requirements for uses wzthin the B-3A Pembroke Central Business Core District may be satisfied by any one, or a combination of, the followinq- (1) On-site parking; (2) Off-site parking faczlities, as set forth in Section 901 of this ordznance; or (3) Public parking, if the Planninq Director determines 36 (i) that there is at least a sufficient number of 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 7O 71 shall public parkinq spaces located within the same development phase of the B-3A District as the proposed use to meet public parking demands; (ii) that such public parking spaces are not used to satisfy the parking requirements of any other use, and (iii) that the use of such public parking spaces to satisfy the parking requirements of the proposed use, either wholly or partially, is warranted in light of the following considerations: A. The extent to which the proposed use advances the goals and objectives of the B-3A Pembroke Central Business Core District, as stated in Section 900 of the City Zoning Ordinance; B. The extent to which the proposed use conforms to the Urban Design Plan component of the Virginia Beach Central Business District Master Plan; and C. The amount of the projected tax revenue to be generated by the proposed use and improvements. For purposes of this section, the term "parking requirements" mean the number of off-street vehicular parking spaces required by this section. COMMENT The proposed amendment allows parking requirements for uses in the B-3A Pembroke Central Business Core District to be met by using any one or a combination of (1) on-site parking; (2) off-site parking allowed by Section 901 (a) of the City Zoning Ordinance; and (3) public parking, if the Planning Director finds that there is sufficient available public parking for the proposed use and that the utilization of public parking to meet the parking requirements of a proposed use are warranted under certain criteria, which are set forth in Lines 46 through 56. A significant difference between the existing section and the proposed section set forth hereinabove is that, whereas the existing section allows the use of public parking to satisfy the parking requirements of a proposed use only in connection with an application for a rezoning to B-3A, the proposed section allows public parking to be used to satisfy the parking requirements of proposed uses already zoned B-3A. 72 73 74 75 CA-8599 wmm\ordres \B3Apar kingordin, wpd R-5 September 23, 2002 76 77 78 79 8O APPROVED AS TO CONTENTS: Planning Department APPROVED AS TO LEGAL SUFFICIENCY: ~~ C~ty Attorney's Office A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO SECTION 902 OF THE CITY ZONING ORDINANCE, PERTAINING TO SETBACK REQUIREMENTS IN THE B-3A PEMBROKE CENTRAL BUSINESS CORE DISTRICT 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: There is hereby referred to the Planning Commission, for its consideration and recommendation, proposed amendments to Section 902 of the City Zoning Ordinance, pertaining to setback requirements in the B-3A Pembroke Central Business Core District. A true copy of such proposed amendments 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 amendments no later than thirty (30) days after the date of adoption of this Resolution. 21 22 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 24th day of September , 2002. CA-8623 wmmkordres kB3Asetback, wpd R-1 September 17, 2002 AN ORDINANCE TO AMEND AND REORDAIN SECTION 902 OF THE CITY ZONING ORDINANCE, PERTAINING TO SETBACK REQUIREMENTS IN THE B-3A PEMBROKE CENTRAL BUSINESS CORE DISTRICT SECTION AMENDED' City Zoning Ordinance ~ 902 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Section 902 of the City Zoning Ordinance, pertaining to setback requirements in the B-3A Pembroke Central Business Core District, is hereby amended and reordained to read as follows: Sec. 902. Dimensional requirements [Business Districts]. · · · · (b) The following chart lists the requirements within the B-3A Pembroke Central Business Core District for minimum lot area, width, and yard spacing for all uses and structures (1) Minimum lot area in square feet' (2) Minimum lot width in feet' (3) Minimum setback from a street in to subsection (bi) (4) Maximum setback from a street in feet,---trn-Pes~ a greater setback is allowed pursuant to subsection (bl) (5) Minimum side yard setback in feet, unless otherwise identified herein or a greater setback is required by section 903 (6) Minimum rear yard setback in feet, unless a greater setback is required by section 903 B-3A 10,000 100 ~ 0 10 34 35 36 37 38 39 *Where applicable, newly created corner lots must also adhere to section 4.4(c) of the Subdivision Ordinance, requiring additional lot width on certain owner lots. Except as otherwise provided herein, setbacks affecting only the first floor of multistory buildings may be increased by no more than twenty (20) feet in order to allow the creation of covered 40 41 42 43 44 45 46 47 48 49 50 51 S2 53 54 55 56 57 58 S9 60 61 62 63 64 65 66 67 68 69 70 passageways within the B-3A District. In addition, building setbacks adjacent to roadway intersections may be increased to provide safe and reasonable line-of-sight clearances. '~' '~ .... '~ .... ~'-- ~- ' nt ...... ~ .... '-- '~' thc Pl~nning ~: ............. ' ............. any - ~=~ .,~ ~u~ ~ greater or l=ooez setback street under the following circumstances- (l) The proposed development for which the reduced setback is ouu~.~ ~o u~ ~ type and qua'~ consistent w~th the standards and guidelines set forth in the Comprehensive PI=.~ and the Pembroke Cent~=l B~oz~=oo ~stzzct Maste= (2) The proposed development does not include any buildings ~,,==~=~=ed ~nto the entire development; (3) .... ~ --=~---~-- ~ ............. ~-- == achieving a safe, attractive, high-quality, urban and {4) The proposed development incorporates othez recognized urban design standards and principles that advance the intent of the E- o~' Pembroke Central Bus=~.~=oo .... Ooze (5) If a reduced setback is sought, such reduction will not cause undue ~nt=~====---= .... with ==.,= ~ ...... ~o= ~f the .... = ~ = - right-of-way by pedest=ians; and ''' If -- ' ed -etback '- ought =~ u=) Applz~zons for reduced or increased setbacks ........... to -ubsect' '=') shall ~ ....... ~ ......... ' ....~-- ~ ........ and shall include a detailed plan of development and streetscape plan showing the ==lationship of =II =~ioting and pedeotrzan improvements, oidewalko, parking loto, o~t= landscaping 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 a~ v~ ~3o~a~ ~v~=~o and su~ other informati~ ~o the Planning ~: ............... ' ~=~u~ may ~quire ao being ne~=osary to determine whether the applz~~,..,,=~o the c~zterma set forth zn o~o=~,l ~.. '~' In the event the Planning Director denies an application for reduced or increased setbacks pursuant to subsection {bl), the a ~c~nt may appeal such den~a~ to twenty-one {21) days of the date on whic,h the application was CO~ENT The amendments allow a zero setback from a street for structures in the B-3A Pembroke Central Business Core District as a matter of right, rather than with the approval of the Planning Director under the circumstances set forth in the current ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. CA-8625 wmm\ordres kB-3Asetbackordin, wpd September 18, 2002 R-1 APPROVED AS TO CONTENT' Planning-~epartment APPROVED AS TO LEGAL City Attorney's Office Item V-H. 4. - 30- RES OL UTIONS/ORDINANCES ITEM # 50192 Upon motton by Counctlman Jones, seconded by Vtce Mayor Man&go, City Counctl ADOPTED Or&nance to AUTHORIZE an encroachment into porttons of the Ctty's rtght-of-way by ROGER D. and JOAN C. STANUS for constructton of an 8' x 8' pter wtth statrs into the Ctty's drainage easement over a canal at 900 Verano Court (Lagomar) The followtng con&ttons shah be requtred The temporary encroachment shall be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgmta and the Ctty of Virgtnta Beach and tn accordance wtth the Ctty's spectficattons and approval The temporary encroachment shah termtnate upon nottce by the Ctty to the apphcant and, wtthtn thtrty (30) days after such nottce ts gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant will bear all costs and expenses of such removal The apphcant shall tndemmfy and hold harmless the Ctty, tts agents and employees from and agatnst all clatms, damages, losses and expenses, tnclu&ng reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artstng out of the locatton or extstence of the temporary encroachment Nothtng heretn contatned shall be construed to enlarge the permtsston and authortty to permtt the matntenance or constructton of any encroachment other than that spectfied herein and to the hmtted extent spectfied herein, nor to permit the matntenance and constructton of any encroachment by anyone other than the apphcant The apphcant agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard The apphcant must obtatn a constructton permit from the Waterfront Operattons Dtvtston of the Plannmg Department prtor to commenctng any constructton wtthtn the encroachment area The apphcant must obtatn an approved dotnt Permtt Apphcatton from Waterfront Operattons of the Planmng Department prtor to commenctng any constructton wtthtn the encroachment area The temporary encroachment must conform to the mtmmum setback requtrements as estabhshed by the Ctty September 24, 2002 Item V-H. 4. -31 - RESOLUTIONS/ORDINANCES ITEM # 50192 (Continued) I0 The apphcant shall obtatn and keep tn force all rtskproperty tnsurance and general habthty or such msurance as ts deemed necessary by the City, and all insurance pohctes must name the Ctty as addtttonal named msured or loss payee, as apphcable The apphcant must also carry comprehenstve general habthty msurance tn an amount not less than Ftve Hundred Thousand Dollars ($500, 000), combtned smgle hmtts of such tnsurance pohcy or pohctes The apphcant must provide endorsements provtdmg at least thtrty (30) days' wrttten nottce to the Ctty pmor to the cancellatton or termtnatton of, or matertal change to, any of the tnsurance pohctes The apphcant assumes all responstbthttes and habthttes, vested or conttngent wtth relation to the temporary encroachment The City, upon revocation of such authority and permtsston so granted, may remove the encroachment and charge the cost thereof to the Grantee and collect the cost tn any manner provtded by law for the collectton of local or state taxes, may requtre the Grantee to remove the encroachment and, tf such removal shall not be made wtthtn the ttme ordered heremabove by thts Agreement, the Ctty may tmpose a penalty tn the sum of One Hundred Dollars (MOO)per day for each and every day that the encroachment ts allowed to conttnue thereafter, and may collect such compensation and penalttes tn any manner provtded by law for the collectton of local or state taxes Votmg 11-0 (By ConsenO Counctl Members Votmg Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and dames L Wood Counctl Members Vottng Nay None Council Members Absent None September 24, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S ONE HUNDRED FOOT (100') DRAINAGE EASEMENT BY ROGER D. STANUS AND JOAN C. STANUS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, ROGER D. STANUS and JOAN C. STANUS desire to construct and maintain a pier and stairs within the City's 100' drainage easement over a canal behind their property located at 900 Verano Court in Lagomar. WHEREAS, City Council is authorized pursuant to §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments within the City's existing easements subject to such terms and conditions as Council may prescribe. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, ROGER D. STANUS and JOAN C. STANUS, their heirs, assigns and successors in title, are authorized to construct and maintain a temporary encroachment for a pier and stairs in the City's 100' drainage easement as shown on that certain plat entitled: "PROPOSED PIER IN A CANAL OF LAGOMAR VIRGINIA BEACH, VA. APPLICANT: ROGER STANUS", a copy of which is on file in the Department of Public Works to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and ROGER D. STANUS and JOAN C. STANUS (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement. 37 38 39 40 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as ROGER D. STANUS and JOAN C. STANUS and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. 42 43 44 45 CA#- TKEN N\ EN CROACH\STAN US. ORD R-1 PREPARED: 8/20/02 APPRQ..VED AS TO CONTENTS ~ SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FO~;~I-~ CITY ATTORNEY LOCATION MAP SCALE: 1" "' 1,600' ee ~ eee lee // / \ / / / eoe LOCA e.e / / / / / / / / / / / ? / / / / / / / J / ee · / / / / / / / / / / // / / LOCATION MAP FOR ENCROACHMENT FOR ROGER D. AND JOAN C. STANUS 900 VERANO COURT SCALE: 1" = 100' PREPARED BY PAN ENG. DRAFT. OrI-AUG-2002 900 VERANO CT LOOKING NW ~ SITE FOR PROPOSED PIER & STAIRS 900 VERANO CT LOOKING ACROSS CANAL AT SIMILAR PIER 900 VERANO CT LOOKING SE SHOWING LOCATION OF STAIRS (@ STAKE) 900 VERANO CT SHOWING LOCATION OF PROPOSED PIER & STAIRS PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58,1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 20~~, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, the "City" Grantor and ROGER D. ST~NUS and JOAN C. STANUS, his wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if more than one) . WITNES SETH: WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as: Lot 251, Section 6, Phase 3, Part C, Subdivision of Lagomar (M.B. 242, PG. 60), and being further designated and described as 900 Verano Court, Virginia Beach, VA 23456; and WHEREAS, it is proposed by the Grantee to construct and maintain a pier and stairs, a "Temporary Encroachment" in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City 100' drainage easement (M.B. 77, PG. 14) located over a canal in Lagomar, the "Encroachment Area" and the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. GPIN: 2414-92-8878 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee, and for the further consideration of One Dollar ($1.00) in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining a Temporary Encroachment. It is expressly understood add agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval, and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PROPOSED PIER IN A CANAL OF LAGOMARVIRGINIA BEACH, VA. APPLICANT: ROGER STANUS", Date: 4/23/02, a copy of which is attached hereto as Exhibit "A" to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized shall terminate upon notice by the City to the Grantae, and that within thirty (30) days after such notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Waterfront Operations Division of the Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain an approved Joint Permit Application from the Waterfront Operations Division of the Planning Department before commencing any construction w~thin the Encroachment Area. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability insurance, or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, ROGER D. STANUS and JOAN C. STANUS, his wife, the said Grantee has caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk Joa (SEAL) (SEAL) · Stanus STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me day of ~~ , 20(~)~ , by , City Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this I~ day of , 20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: CITY/COUNTY ~)F-~.fk~M%.~]~ ~l_~ , to-wit: The foregoing instrument was acknowledged before me this \~- day of ~~% , 20 0 ~- , by ROGER D. STANUS and JOAN C. STANUS, his wife. My Commission Expires:~%\~\~ N6tary Public __ ,a P~-R""' · ~U r'C,~ :'~ ,,.... ,' /,;.4,,.) FL RM, CITY ATTORNF. Y ~I"ROVED AS TO CONTEN'[ ........ DEPARTMENT I I I II ii OIIAINAG~ IASF, I~IIT IIX)' VIDE ~ 77,PG 111 n~l~..,~~ '~'~ LAGOMAR ~ , '~l ~. VICINIIY BAP ~ * '"~,,,,~ '~-.. ~.---~ PROPOSED PIER- ,-., i,~,~-~ ~t'~ '..-'~ ~ ~ , I'XS' STA],S ----------,U.~.'~.~ "- I ..-~'~/ ' -~/":"- ---'-Sil7°22'00'[ 16.30' ! j,._ "~s, / ",,, , / 2-STORY InlCK ..... -r ",C/O- ' / ' L , / "-,t/o. ~.,,,.~,,, ~,,, '~'~, -';y~l, ~.,.~ .~ ~ , I ~ ! · / %.* / / · /7' \ , , /.4 ,, ...... _.. ~.~.~' ,.~ ~ ,r--' · ,,w ........ ~ ~" A F ~,. -', ." - CC)lIST.ACCESS ,"~ ~. -. ,~ "--~' ~_ ~ VERSO COURT 50'RV · ~' ~ PLOT PLAN 1'"~' I~ c.-;a ,,, .. "'--' ~'--~:-'" ~--.~,'~ ~'F~ ~"~' "~" _ ,, ~umPosE..OOmINGS ~OG[R U. DATUH: HLW "' -0.q0' 90~ VEMANO CO,fiT IR A CANAL OF LAG4~II VIRGINIA IEACH,VA,23q56 VIRGINIA BEACH,VA, AGENT; KEN T~SCNI API%ICANT: 3705 BQIUN HIVE ROGER STAmJS CHESAPEAKE,VA. 23321 SHEET I OF 2 - I II I 4[ 2:~ |':)2. m I Item V-H. 5. - 32 - RES OL UTIONS/ORDINANCES ITEM # 50193 Upon motton by Councilman Jones, seconded by Vtce Mayor Man&go, City Council ADOPTED Or&nance to APPROPRIATE $231,750from the Ftre Programs Fund to the Fire Department's FY 2002-03 Operattng Budget re purchase of fifieen Thermal Imaging Cameras. Votmg 11-0 (By Consent) Council Members Voting Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None September 24, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ORDINANCE TO APPROPRIATE $231,750 FROM THE FUND BALANCE OF THE FIRE PROGRAMS FI/ND TO THE FIRE DEPARTMENT'S FY 2002-03 OPERATING BUDGET TO PROVIDE FOR THE PURCHASE OF FIFTEEN THERMAL IMAGING CAMERAS WHEREAS, the City of Virginia Beach Fire Department has requested that $231,750 be appropriated from the Fund Balance of the Fire Programs Fund for the purchase of fifteen thermal imaging cameras to provide for enhanced safety in fire fighting operations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $231,750 is hereby appropriated from the Fund Balance of the Fire Programs Fund in the FY 2002-03 Operating Budget to the Fire Department's FY 2002-03 Operating Budget to provide for the purchase of fifteen thermal imaging cameras, with revenue increased accordingly. Adopted the 24th day o~ePtember, 2002, by the Council of the City of Virginia Beach, Virginia. CA-8603 ordin/noncode/Thermal Imaging Cameras.ord.wpd September 5, 2002 R2 APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: City Attorney'~)fflce Item V-H. 6. - 33 - RES OL UTIONS/ORDINANCES ITEM # 50194 Upon motton by Counctlman Jones, seconded by Vtce Mayor Man&go, Ctty Counctl ADOPTED Or&nance to TRANSFER $1,375 from the FY 2002 General Fund Reserve for Conttngenctes to the FY 2002 Operattng Budget of the Department of Mental Health, Mental Retardatton and Substance Abuse Servtces (MHMRSA) re reimbusement to employee for legal fees and expenses Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None September 24, 2002 AN ORDINANCE TO TRANSFER $1,446 FROM THE FY 2002 GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2002 OPERATING BUDGET OF THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES FOR THE PURPOSE OF REIMBURSING A CITY EMPLOYEE FOR LEGAL FEES AND EXPENSES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, an employee of the Department of Mental Health, Mental Retardation and Substance Abuse Services was charged with disturbing the peace and trespassing in an incident that arose out of the performance of her official duties; WHEREAS, at a trial held in the Virginia Beach Juvenile and Domestic Relations Court on July 11, 2002, the charges were dismissed; WHEREAS, in her defense of these charges, the employee incurred legal fees and expenses in the amount of $1,446 and has requested the City to reimburse her for such fees and expenses; WHEREAS, Section 15.2-1521 of the Code of Virginia provides that "[Jif any officer or employee of any locality is investigated, arrested or indicted or otherwise prosecuted on any criminal charge arising out of any act committed in the discharge of his official duties, and no charges are brought, or the charge is subsequently dismissed, or upon trial he is found not guilty, the governing body of the locality may reimburse the officer or employee for reasonable legal fees and expenses incurred by him in defense of the investigation or charge, the reimbursement to be paid from the treasury of the locality;" and WHEREAS, the City Attorney's Office has reviewed the circumstances of this case, assessed the itemized bill submitted by the employee's legal counsel, and determined that the legal fees and expenses incurred by the employee are reasonable. 32 33 34 35 36 37 38 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $1,446 are hereby transferred from the FY 2002 General Fund Reserve for Contingencies to the FY 2002 operating budget of the Department of Mental Health, Mental Retardation and Substance Abuses Services for the purpose of reimbursing a City employee for legal fees and expenses incurred by her in her defense of criminal charges brought against her arising out of the performance of her official duties. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on this 24th day of September , 2002. CA-8601 DATA/ORDIN/NONCODE/employreimburse.ord R4 September 19, 2002 APPROVED AS TO CONTENT' APPROVED AS TO LEGAL SUFFICIENCY' City AttorJ's Off'ice AN ORDINANCE TO TRANSFER $195,166 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE CITY TREASURER'S OPERATING BUDGET TO PROVIDE ADDITIONAL PERSONNEL WHEREAS, on April 16, 2002 during the Council 9 Workshop, the City Treasurer indicated a need for additional 10 staff due to the impact of implementing a new cashiering 11 system and rewriting existing computer systems to interface 12 with the new cashiering system. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 14 CITY OF VIRGINIA BEACH, VIRGINIA: 15 1. That $195,166 is hereby transferred from the 16 General Fund Reserve for Contingencies to the FY 2002-03 17 Operating Budget of the City Treasurer to provide for the 18 salaries, benefits and support costs of five (5) Clerk 19 Cashiers and one (1) Executive Assistant. 20 2. That the number of full-time equivalent positions 21 in the City Treasurer's Office is hereby increased by six (6). 22 Adopted by the Council of the City of Virginia 23 Beach, Virginia, on the 24th day of September , 2002. CA-8619 ordin/noncode/Treasurers Office.ord.wpd September 13, 2002 R2 APPROVED AS TO CONTENT: ~anagem~n~ ~ervic~s ~..~ APPROVED AS TO LEGAL SUFFICIENCY: Item V-H. 7. - 34- RESOL UTIONS/ORDINANCES ITEM # 50195 Upon motton by Counctlman Jones, seconded by Vtce Mayor Man&go, Ctty Counctl ADOPTED Ordtnance to TRANSFER $195,166 from the General Fund Reserve for Conttngenctes to the City Treasurer's FY 2002-03 Operatmg Budget re additional personneL Vottng 7-4 (By Consent) Counctl Members Voting Aye Louts R Jones, Reba S McClanan, Vtce Mayor Robert C Man&go, dr, dsm Reeve, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay Margaret L Eure, Rtchard A Maddox, Mayor Meyera E Oberndorf and Peter W Schmtdt Counctl Members Absent None September 24, 2002 Item V-I. - 35- PLANNING ITEM # 50196 1. CURTIS E. AND RHONDA L. BOWEN NONCONFORMING USE 2. WILLIAM J AND HEIDI L. LYNCH AND GERALD E. AND STELLA F. MCCLELLAN VARIANCE 3. TOWN CENTER ASSOCIATES, LLC CONDITIONAL USE PERMIT 4. CITY OF VIRGINIA BEACH STREET CLOSURE September 24, 2002 Item V-I. - 36- PLANNING ITEM # 5019 7 Upon motton by Counctlman Jones, seconded by Vtce Mayor Man&go, Ctty Counctl APPROVED IN ONE MOTION Items 1, 2, 3, and 4 (DEFERRED) of the PLANNING BY CONSENT Item 4 was DEFERRED INDEFINITEL Y, B Y CONSENT Votmg 11-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, 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 Council Lady McClanan voted a VERBAL NAY on Items 12 (Lynch and McClellan) and 13 (Town Center Assoctates) Counctlman Jones DISCLOSED and ABSTAINED on Item 13 (Town Center Assoctates) as he has an ownershtp mterest tn Resource Bank, whtch exceeds three percent of tts total equity Resource Bank has entered into a parttctpatton agreement wtth Monarch Bank for a hne of cre&t to Armada Hoffler Properttes It ts hkely that Armada Hoffler Properttes, wtll manage the Town Center for the project's developer, Town Center Associates Also, Resource Bank ts tn negottattons to lease a new butldmg at the Town Center September 24, 2002 Item V-I. 1. PLANNING -37- ITEM # 50198 Upon motton by CouncdmanJones, seconded by Vtce Mayor Mandtgo, Ctty Councd ADOPTED Resolutton upon apphcation of CURTIS E. and RHONDA L. BOgVEN for the replacement ora nonconformtng use (extstmg barn, damaged by a falhng tree) Apphcatton of Curtts E & Rhonda L Bowen for the replacement of a nonconformmg use (extstmg barn, damaged by a falhng tree) at the northwest tntersectton of Salem Road and Meadow Drive Parcel ss located at 2221 Salem Road and contatns 40,000 square feet (GPIN #1474-96-6222) DISTRICT 1 - CENTER VILLE Voting 1 I-0 (By ConsenO Councd Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Council Members Voting Nay None Councd Members Absent' None September 24, 2002 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 A RESOLUTION AUTHORIZING THE RECONSTRUCTION OF A NONCONFORMING LIVESTOCK BARN ON PROPERTY LOCATED AT 2221 SALEM ROAD, IN THE CENTERVILLE DISTRICT WHEREAS, Curtis E. and Rhonda L. Bowen, (hereinafter the ~Applicants'~) have made application to the City Council for authorization to reconstruct and relocate a nonconforming livestock barn situated on a certain lot or parcel of land having the address of 2221 Salem Road, in the R-15 Residential Zoning District; WHEREAS, the said livestock barn is a nonconforming structure, in that the dwelling does not meet setback requirements and livestock barns are not allowed as accessory structures in the R- 15 Residential Zoning District; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the reconstruction or relocation of a nonconforming structure is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed structure, as reconstructed and relocated, will be equally appropriate or more appropriate to the zoning district than is the existing structure; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed structure, as reconstructed and relocated, will be equally appropriate to the district as is the existing structure. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed reconstruction and relocation of the Applicants' livestock barn is hereby authorized, upon the following conditions: 1. The footprint of the new barn shall not exceed 1,320 square feet. The structure shall be located at least 4.5 feet from the western property line and 20 feet from the southern property line. 34 35 36 37 38 39 4O 41 42 2. The height of the new barn shall not exceed the height of the existing principal structure. 3. The building shall be constructed as depicted on the elevations submitted with the application and on file with the Planning Department. The elevations may be modified to adhere to City requirements if necessary. 4. The exterior siding on all sides of the building and the roof shall be standing seam metal. Colors shall be white with dark green trim and a dark green roof. 43 44 45 46 47 48 49 5O 51 52 53 54 55 24 Adopted by the Council of the City of Virginia Beach on the day of~+~ , 2002 CA-8618 bkw/wor k/nonconbowen, wpd R-2 September 13, 2002 APPROVED AS TO CONTENT' Planning APPROVED AS TO LEGAL SUFFICIENCY- Departr~e~t of Law Item V-I. 2. - 38- PLANNING ITEM # 50199 Upon motton by Counctlman Jones, seconded by Vtce Mayor Man&go, City Counctl APPROVED the apphcatton of WILLIAM J. and HEIDI L. LYNCH and GERALD E. and STELLA F. MCCLELLAN for a Vartance re certatn elements of the Sub&vtston Or&nance, Sectton 4 4(b), that requtres all newly created lots meet the requirements of the City Zonmg Or&nance (CZO) an Ordtnance upon apphcatton of Appeal to Dectstons of Admtntstrattve Officers tn regard to certatn elements of the Sub&vtston Or&nance, Sub&vtston for Wtlham d & Hetdt L Lynch and Gerald E & Stella F McClellan Property ss located at 2541 & 253 7 Salem Road (GPIN #1484-32-3 348, #1484-32- 4367) DISTRICT 7 - PRINCESS ANNE DISTRICT Vottng 1 O- 1 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, 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 Absent None September 24, 2002 - 39- Item V-I. 3. PLANNING ITEM # 50200 Upon motton by Counctlman Jones, seconded by Vtce Mayor Man&go, Ctty Counctl ADOPTED an Or&nance upon apphcatton of TOWN CENTER ASSOCIATES, LLC for a Con&ttonal Use Permtt (CUP) ORDINANCE UPON APPLICATION OF TOWN CENTER ASSOCIATES, LLC FOR A CONDITIONAL USE PERMIT FOR MUL TIPLE-FAMIL Y DWELLINGS (342 UNITS) R090231049 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Town Center Assoctates, LLC for a Con&ttonal Use Permtt for multtple-famtly dwelhngs (342 untts) on certatn property located on Block 10 on the north stde of Columbus Street, west of Constttutton Drtve (GPIN #14 77-54-4523) Satdparcel contatns 2 205 acres DISTRICT 5 - L YNNHA VEN The followmg con&ttons shall be requtred 1 Thts Con&ttonal Use Permtt ts for a maxtmum of 342 multt- famtly dwelhng units The extertor of the butl&ng shall substanttally adhere to the submttted rendertngs tttled An Armada/Hoffler Project, prepared by CMSSArchttects, PC, 2001 Said rendertngs are on file wtth the Ctty of Vtrgtnta Beach Planntng Department All mechantcal equtpment, tnclu&ng generators, shall be screened from the pubhc rights-of-ways The screemng shall tnclude sohd walls that complement the structure Thts Or&nance shall be effecttve tn accordance with Sectton 107 OO of the Zomng Or&nance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtma, on the Twenty-fourth of September, Two Thousand Two Vottng 9-1 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, 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 Council Members Abstatntng Louts R Jones Counctl Members Absent None Counctlman Jones DISCLOSED and ABSTAINED on Item J 5 (CZO re stgn regulattons tn the B-3A Pembroke Central Bustness Core DtstrtcO as he has an ownershtp tnterest tn Resource Bank, whtch exceeds three percent of tts total equtty Resource Bank has entered mto a parttctpatton agreement wtth Monarch Bank for a hne of cre&t 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 tn negottattons to lease a new bml&ng at the Town Center September 24, 2002 Item V-I. 4. - 40- PLANNING ITEM # 50201 Upon motton by Councdman Jones, seconded by Vtce Mayor Man&go, Ctty Counc. d DEFERRED INDEFINITELY an Ordtnance upon apphcatton of the CITY OF VIRGINIA BEA CH for dtsconttnuance, closure and abandonment re a portton of Old Princess Anne Road: Apphcatton of the Ctty of Vtrgtnta Beach for the dtsconttnuance, closure and abandonment of a portton of Old Prtncess Anne Road located on the west side of Prtncess Anne Road (Relocated), 700feet more or less north of Flanagans Lane Satd parcel contatns 22,590 square feet DISTRICT 7 - PRINCESS ANNE Votmg I 1-0 (By ConsenO Councd Members Voting Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vice Mayor Robert C Man&go, Jr, 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 September 24, 2002 - 41 - APPOINTMENTS ITEM # 50202 B Y CONSENSUS, Ctty Councd RESCHEDULED thefollowtng APPOINTMENTS: CHESAPEAKE BAY PRESER VA TION AREA BOARD HISTORICAL RE VIEW BOARD PARKS AND RECREATION COMMISSION September 24, 2002 - 42 - Item V-J.2. APPOINTMENTS ITEM # 50203 Upon NOMINATION by Vtce Mayor Man&go, City Council APPOINTED Melissa "Missy"Jenkins Student - Ocean Lakes High 1 year term 9/1702 - 6/31703 PUBLIC LIBRARY BOARD Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr., 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 September 24, 2002 - 43 - Item V-J. 3. APPOINTMENTS ITEM # 50204 Upon NOMINATION by Vtce Mayor Man&go, City Counctl APPOINTED Steven Cowan unexpired thru 6/30/03 Van Pardue unexpired thru 6/30/03 TO WING AD VISOR Y BOARD Voting 11-0 Council Members Voting Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None September 24, 2002 - 44 - Item V-J. 4. APPOINTMENTS ITEM # 50205 Upon NOMINATION by Councdman Reeve, Ctty Councd APPOINTED: Carl W. Fisher VIRGINIA BEACH TRANSITION AREA TECHNICAL ADVISOR Y COMMITTEE Vottng 11-0 Councd Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, 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 September 24, 2002 - 45- Item V-L. 1. NE W BUSINESS ITEM # 50206 B Y CONSENSUS CITY CLERK TO RECORD ABSTRA CT OF CIVIL CASES RESOLVED - August 2002 September 24, 2002 - 46- Item V-M. AD JO URNMENT ITEM # 50207 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 6:40 P.M. Chtef Deputy Ctty Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgmta Beach Vtrgtnta September 24, 2002