HomeMy WebLinkAboutMAY 27, 2003 MINUTESCITY COUNCIL
MAYOR MEYERA E OBERNDORF, At-Large
VICE MAYOR LOUIS R JONES, Baystde -Dtstrtct 4
HARRY E DIEZ, EL, Kempswlle -Dtstrtct 2
MARGARET L EURE, Centervdle -Dtstrtct 1
REBA S McCLANAN, Rose Hall -Dtstrtct 3
RICHARD A MADDOX, Beach -Dtstrtct 6
JIM REEVE, Princess Anne- Dtstrtct 7
PETER W SCHMIDT, At-Large
RON A VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JA3dES L WOOD, Lynnbaven -Dtstrtct 5
JAMES K SPORE, City Manager
LESLIE L LILLEY, City Attorney
RUTH HODGES SMITH, MMC, City Clerk
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
27 May 2003
( ITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE (757) 427-4303
FAX (757) 426-5669
E MAIL Ctycncl~vbgov corn
I. CITY MANAGER'S BRIEFING'S
- Conference Room - 2:30 PM
Ao
Bo
MINORITY BUSINESS COUNCIL ANNUAL REPORT
Patrima Phillips, Director, Department of Finance
NON-PROFIT TAX EXEMPTION PROCESS
Leshe L Ldley, City Attorney
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
-Conference Room - 4:00 PM
to
Bo
CALL TO ORDER - Mayor Meyera E. Obemdorf
ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber- 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Thomas H. Britton
Pastor, Retired
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL AND FORMAL SESSIONS
May 13, 2003
G. AGENDA FOR FORMAL SESSION
H. PRESENTATION and PUBLIC COMMENT
1. TOWN CENTER PHASE II
I. CONSENT AGENDA
J. ORDINANCES / RESOLUTIONS
o
Ordinance to ACCEPT and APPROPRIATE $84,272 from the Federal Emergency
Management Agency (FEMA) to the Fire Department's FY 2002-2003 operating budget re
the President's Homeland Security initiative, all-hazards emergency operations planning,
develop strategies for local preparedness and increase revenues accordingly.
.
Ordinance to APPROPRIATE $7,700 in the Fire Department's FY 2002-2003 gift fund to
support Operation Smoke Detector, the Volunteer Inspector program and enhance fire video
and safety.
o
Resolution to AUTHORIZE the City Manager to execute the Comprehensive Relicensing
Settlement Agreement for the Roanoke Rapids and Lake Gaston Dam project.
.
Resolution to ADOPT procedures for considering unsohclted requests from private entitles
for approval of quahf3nng projects under the Public-Private Education Faclhties and
Infrastructure Act of 2002; and, direct the City's purchasing agent to make these procedures
publicly available.
K. PLANNING
.
.
.
.
Apphcation of NEW FELLOWSHIP BAPTIST CHURCH for a Con&ttonal Use Permit re
a freestanding church at 3308 Continental Street.
(DISTRICT 3 - ROSE HALL)
Recommendation:
APPROVAL
Apphcatlon of SENTARA VIRGINIA BEACH GENERAL HOSPITAL for a Concltttonal
Use Permtt re a hospital patient tower and emergency department addition at 1060 First
Colonial Road.
(DISTRICT 5- LYNNHAVEN)
Recommendation:
APPROVAL
Application of CAVALIER GOLF & YACHT CLUB for a Conchttonal Use Permit re
marina expansion from 77 to 92 slips at 1052 Cardinal Road.
(DISTRICT 5 - LYNNHAVEN)
The applicant request INDEFINITE DEFERRAL
Staff Recommendation:
Planning Recommendation:
APPROVAL
APPROVAL lost to a tie vote
Application of K & E, L.L.C. for a MODIFICATION of a Conditional Rezoning (approved
by City Council on December 7, 1999), to modtfy the proposed architecture of the dairy retail
factltty and eliminate the previously proposed retail center at 5102 Pnncess Anne Road.
(DISTRICT 2 - KEMPSVILLE)
Recommendation:
APPROVAL
Application of LINDA H. DANIEL for the enlargement of a nonconforming use re an
addition for a washer and dryer to the eastern side of a duplex at 210 79th Street.
(DISTRICT 5 - LYNNHAVEN)
Recommendation:
APPROVAL
Ordinance to AMEND the City's Comprehensive Plan re the Master Transportation
plan:
ao
ADD a portion of Nimmo Parkway (formerly Ferrell) from Atwoodtown Road
east to Sandbridge Road and the removal of a portion of Sandbridge Road from
Atwoodtown Road to the Nlmmo Parkway right-of-way.
Staff Recommendation:
APPROVAL of
ALTERNATIVE VERSION
b,
ADOPT the alignment for improvements to Sandbridge Road from Upton Drive
to Atwoodtown Road.
Planning recommendation: APPROVAL
L. APPOINTMENTS
EASTERN VIRGINIA MEDICAL SCHOOL
FRANCIS LAND HOUSE BOARD OF GOVERNORS
OPEN SPACE COMMITTEE
PARKS AND RECREATION
YOUTH SERVICES COUNCIL
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
City Council, in trying to be more responsive to the needs of
citizens who attend the meetings, has adopted the following time limits
for future Formal Sessions
Applicant or Applicant's Representative
Attorney or Representative for
Opposition
Other Speakers - each
Applicant's Rebuttal
10 Minute
10 Minutes
3 Minutes
3 Minutes
THESE TIMES WILL BE STRICTLY ADHERED TO.
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
Agenda 05/27/03 slb
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MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
2 7 May 2003
Vtce Mayor Jones called to order the CITY COUNCIL BRIEFING re MINORITYB U$INES$ COUNCIL
ANNUAL REPORT tn the City Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, May 2 7, 2003,
at 2 O0 PM
Counctl Members Present
Harry E Dtezel,, Vice Mayor Louts R Jones, Reba S McClanan,
Rtchard A Maddox, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Counctl Members Absent
Mayor Meyera E Oberndorf
[ENTERED 6 O0 P M/Washtngton,
D C to support Jets at Oceana - BRA C]
Margaret L Eure
[ENTERED 2 35 P MI
Jim Reeve [ENTERED 2 45 P M]
-2-
CITY COUNCIL BRIEFING
MEMORIAL DA Y WEEKEND
2:30 P.M.
ITEM # 51195
Clarence Warnstaff, Intertm Chtef Operating Officer, advtsed the Ctty Manager ts attendtng the
Transforming Local Government Conference and the lnnovations Group Board Meeting tn Plano, Texas
Mr Warnstaff asked Ctty Counctl to first here a report on the Memortal Day Weekend before the Brtefing
Jtm Rtcketts, Dtrector- Department of Conventton and Vtsttor Development, reported relattve the Memortal
Day Weekend at the Resort Bestdes betng ratny, the weather was cold Approxtmately 35% of the hotels on
Frtday reported no vacanctes However, as the weekend progressed, capactty at the hotels was
approximately 65% and 70% The parttctpants for the Senior Games checked tn early and the hotels closest
to the bases were at capactty because of the Mthtary returntng and thetr famthes comtng to Vtrgtnta Beach
to welcome them Usually, on a Memorial Day Weekend, the hotels are 85% to 90% booked. Vtsttor Center
walk-tns were approxtmately 30% off Over the weekend 9,550 cars were parked tn the Ctty lots, as
compared to 19,000 last year However, tn 2001 there were only 10,000 cars tn the muntctpal-owned lots
Revenue
2003 $36,000
2OO2 $86,000
2001 $38,000
Beach Events were cancelled on Frtday, however, the majority of the programs conttnued Entertainment
was swttched re Twenty-fourth and Seventeenth Street The ratn caused tssues as Twenty-fourth Street Park
had been sodded a week before the Memortal Day Weekend The crowds were fart Along the Boardwalk
from 17th to 24th Street was the hero celebration sponsored by the Advanced Placement Htstory students at
Salem Htgh School The essays deptcttng events from World War I, II, Korean, and Vtet Nam Wars were
placed on banners The Frtendshtp Patrol ctted no problems The Youth Intervention Team reported no
negattve tnctdents A reporter from the Washtngton Post spoke to the Mayor, Mr Rtcketts. Cornell Fuller,
and representattves of the Youth Interventton Team re the Behavtoral Program The arttcle was favorable
As a result of thts arttcle, Convention and Vtsttor Development received a call from a Ctty tn the western
part of the State expertenctng stmtlar behavtoral problems tn thetr downtown and requested matertal
Sales decreased approxtmately five percent (5%) Room mghts were down shghtly wtth an even return tn
restaurants The weekend was not devastattng but a successful Summer ts anttctpated
May 27, 2003
-3-
CITY COUNCIL BRIEFING
MINORITY BUSINESS COUNCIL
2:35 P.M.
ITEM # 51196
Patrtcta Phtlhps, Dtrector ofFtnance tntroduced Loutsa Strayhorn, Chatr- Mtnortty Bustness Counctl Mrs
Strayhorn ss a former member of Ctty Counctl and Vtrgtnta Beach School Board Mrs Strayhorn was the
droving force tn the creatton of the Mmortty Business Council tn 1995 She has recently been appotnted by
the Governor to serve as a member of the Women Owned Business Advisory Council She ss Prestdent of
her own management and re-engtneemng consultant company, Loutsa Strayhorn and Assoctates She ss the
former Vtce Chart of both the Tidewater Regtonal Transportatton Dtstrtct Commission and the l/trgtnta
Muntctpal League Transportatton Commtttee, current member of TowneBank Board, Cooper Career
Instttute Advtsory Board and Secretary of the Plannmg Counctl Board Counctlman Ron Vtllanueva ts the
new Ltatson to the Mtnortty Business Counctl and has provtded needed support and dtrectton Counctlman
Vtllanueva earned a Bachelor of Arts degree tn Pohttcal Sctence from Old Domtnton Umverstty and has
completed hts course work towards an MA tn Pubhc Pohcy from Regent Untverstty He has served on
several boards and commtsstons, tncludtng the Vtrgtnta Equal Employment Opportuntty Counctl, the Old
Domtmon Untverstty Board of Vtsttors and the Vtrgtnta Beach Safe Schools Task Force
Mrs Strayhorn tntroduced the members of the Minority Business Council:
Dr Ttm Mtller
Helen g Prett
Luts Rtvera
Sylvta N Strtckland
Edwtn Ttrona
Shewhng Moy Wong
Member stnce 1995
Counctlman Ron Vtllanuva
Liaison
Edward L Hamm, a former Member of the MBC, ts stt[l coordtnattng wtth the Mtnortty Bustness Counctl
as the Dtrector of the Department of Mtnortty Bustness Enterprtse He continues to act as a State hatson to
the Mtnortty Bustness Counctl
Mrs Strayhorn expressed apprectation to the following employees who have supported the Mtnortty Bustness
Counctl on a conttnuous basts
Patrtcta Phdhps -Dtrector of Ftnance
Lawrence Spencer -Asststant Ctty Attorney
Bill Dams -Purchastng Agent
John McConnell - Procurement Servtces Coordtnator
Loretta Brown -Executtve Secretary
May 27, 2003
-4-
CITY COUNCIL BRIEFING
MINORITY BUSINESS COUNCIL
ITEM # 51196 (Continued)
MISSION
To asstst the Ctty tn tts efforts to tncrease parttctpatton of minority-owned
bustnesses, woman-owned bustnesses and small bustnesses tn the
procurement process and to assure that procurement opportuntttes are made
avatlable to all persons regardless of race, rehgton color, sex nattonal ortgtn
or dtsabthty
GOALS
Identtfy and encourage Ctty agenctes and firms projecting the Ctty's tmage
to fatrly reflect Vtrgtnta Beach as a Ctty of ethmc and ractal dtverstty when
carrytngforward the Ctty's bustness
ttelp achteve and matntatn the opportumty for tmproved mtnortty bustness
parttctpatton levels tn the procurementprocessfor goods and servtces and
constructton and houstng
In pursutt of thetr mtsston, the Mtnortty Bustness Counctl developed and utthzed the followtng strategtes
Minority Awareness: Promote mtnortty and woman-owned bustnesses to ctty
agenctes and contractors by fostering awareness of thts market segment
Outreach Programs Assist mtnortty and woman-owned bustnesses tn
obtatntng bustness from the Ctty Pohcy Development Momtor the
effecttveness of the Ctty 's purchastng pohctes and procedures as they relate
to mtnortty and woman-owned bustnesses development
Policy Development: Momtor the effecttveness of the Ctty's purchasing
pohctes and procedures as they relate to mtnortty and woman-owned
bustness development
Data Collection and Analysis Matntatn relevant data on mtnortty and
woman-owned bustness acttvtty
Vtrgtnta Beach led the way tn 1996, creattng the data base relattve mtnortty parttctpatton tn procurement
Although all the other ctttes are reviewing ways tn whtch to report mtnortty parttctpatton, Vtrgtnta Beach
ts sttll the only ctty wtth a formal body, the Mtnortty Business Counctl, whtch attempts to monttor these
effects The Governor of Vtrgtnta has tssued a dtrecttve holdtng the state agencies accountable for the
numbers of mtnortttes tn Women Owned Bustnesses dotng bustness wtthtn the Commonwealth
May 27, 2003
-5-
CITY COUNCIL BRIEFING
MINORITY BUSINESS COUNCIL
ITEM # 51196 (Continued)
CENSUS DATA
Charactertsttc 1980 1990 2000
Populatton 262,199 393,089 425,257
Race
Whtte 86 5% 80 5% 71 4%
Black 10 0% 13 9% 19 0%
Amertcan In&an~Alaska 2% 4% 4%
Astan/Hawauan/Pactfic 2 5% 4 3% 5 0%
Other Race 7°/6 9°/6 I 5%
Two of More Races* N/A N/,4 2 7%
Htspantc** 2 0% 3 1% 4 2%
2002 Efforts Associated with Minority Awareness
Conventton Center Project
Worked wtth Ctty staff and communtty organtzattons to foster greater
mtnortty parttctpatton
Worked wtth the Constructton Manger of the ProJect, Turner
Constructton
Prtvate-Sector Developers
Met wtth Armada Hoffler and W M Jordan to explore mentortng
programs and other tdeas
2002 Efforts Associated with Outreach Programs
Intttal Planmngfor development ora Mtnortty Bustness Councd Medta
Program
Intttal Planmngfor the 5th Annual Mtnortty Bustness Counctl Conference
and EXPO
Networked wtth Old Domtnton Untverstty, Vtrgtnta Mtnortty Suppher
Development Counctl, Vtrgtnta Department of Mtnortty Bustness
Enterprtses and NAACP
May 27, 2003
-6-
CITY COUNCIL BRIEFING
MINORITY BUSINESS COUNCIL
ITEM # 51196 (Continued)
Mrs Strayhorn referenced examples of success stories of Turner/Techcon/Sussex (TTS), a Constructton
Management Company, selected by the Ctty to manage the Conventton Center Replacementproject Technon
ts one of few local mtnortty contractor Excellent Commercial Cleaning Company provtdesjanttortal and
matntenance servtce to the Ctty A-1 Environmental Services ts another successful contractor alsoprovtdtng
janttortal and matntenance servtce for the Ctty KIS Computers ts an Htspantc, as well as woman owned
bustness, and has held a long term contract to provtde personal computers and tnformatton technology
equtpment to the Ctty At. on Personnel, LLC (Astan/Amertcan firm) has a contract wtth the Ctty to provtde
temporary, non-professtonal health and medtcal mdustry employees for the Vlrgmta Beach Commumty
Servtces Board Their expen&tures for thts report pertod exceed SI-MILLION Commonwealth Industrtal
Supply (women-owned suppher of mtscellaneous tndustrtal and safety products) has successfully competed
and won many small purchase awards, as well as prtce agreement contracts Thetr expen&tures for thts
pertod exceed $112, 000
Mrs Strayhorn ctted the chart relattve Procurement an Payment Data for Minority Businesses, whtch
shows an upward trend There were 144 mtnortty bustness ts tnvolved for a total of $4,544, 772 Charts
deptcttng Ftscal Years 2000-2002 Mtnortty Payment Data denote a dechne tn expendttures for Afrtcan
Amertcan bustnesses The Procurement and Payment Data for Women Owned Busmesses shows an upward
trend There was an tncrease to 234 bustnesses for a total of $4,275,096
Payments Made to Minorities FYO0, FYO1 and FY02
2000 2001 2002
Total payments to mtnortty vendor $ 2,963,610 $ 4,887,910 $ 4,544, 772
Total payments to all compettttve $99,473,550 $119,1971,649 $142,880,357
vendors *
% oftotalpayments to mtnortty 2 98% 4 08% 3 18%
vendors
*Payments tn categortes where mtnortttes are tdenttfied Excludes categortes such as utthttes, debt servtce
etc
Relattve mtnortttes, a chart deptcttng Construction Contracts Awarded &splayed zero out of a total of
$42,898,498 awarded.
Goals for 2003
Mtnortty ,4 wareness
Major Developers
Economic Development
Constructton Btddtng Process
May 27, 2003
-7-
CITY COUNCIL BRIEFING
MINORITY BUSINESS COUNCIL
ITEM # 51196 (Continued)
Outreach Programs
5th Annual Mtnortty Business Conference and Expo durmg
the first week of November
Medta Program/Vtdeo Services
Mmortty Women assoctattons, leverage resources
Dtrectory of mmortty and women-owned bustnesses
located tn Vtrgtnta Beach
Policy Development Data Collection and Analysis
Research type of data collected by Vtrgtnta Beach Ctty Pubhc Schools
Btll Davts, Purchastng Agent, advtsed there are no "set astdes" wtthtn Vtrgtnta The ctty operates under
the compettttve btd process, whtch essentially states the low btdder wins The avatlable Mmortttes tn the
constructton communtty wtll be explored next year Techcon ts performing a great amount of work to
tdenttfy mmortty firms and develop a core of quahfied contractors which can btd on subcontracts re the
Conventton Center project
Informatton was requested relattve the Mtnortty parttctpatton re the dtfferent aspects of commerce vendors
wtthtn the Ctty
Shewhng Moy Wong advtsed wtth the chalogue betng developed wtth the major constructton compantes, a
void tn certatn areas has been tdenttfied A mentoring program was suggested to fill thts votd by the
Mtnortttes
Councdman Vtllanueva suggested a pohcy be developed re consohdatton wtth the Vtrgtnta Beach Ctty
Schools concerntng thetrprocurementprocess Counctlman Vtllanueva suggested a Mtnortty Bustness Plan
be encompassed wtthtn the procurement process
Counctl Members Wtlson and Wood, Ltatsons re Ctty/Schools Consohdatton wtll add these suggesttons to
thetr hst
May 27, 2003
-8-
CITY MANAGER'S BRIEFING
NON-PROFIT TAX EXEMPTION PROCESS
3:30 P.M.
ITEM # 51197
The Ctty Attorney advtsed the Vtrgtnta Constttutton provtdes that, after January 1, 2003, local governments
may, by destgnatton, exempt the real and personal property of nonprofit organizations from local property
taxes t fused exclusively for rehgton, charttable, patrtottc, htstortcal, benevolent, cultural or pubhc park
and playground purposes However, as provtded tn Virginia Code § 58.1-3651, the local governing body
must adopt an ordtnance to exempt the body Assoctate Ctty Attorney Larry Spencer ts the Pubhc Ftnance
Attorney and has comptled a presentatton relative the State law changes and proposed Ctty Counctl pohcy
Assoctate Ctty Attorney Spencer advtsed the Legal Requirements
Vtrgtnta Code 3~ 58 1-3651 requtres the local governtngbody adopt an
ordtnance to exempt property
Pubhc Heartng requtred
Heartng adverttsement must tnclude amount of property assessments
and taxes pard
Factors City Council Must Consider
1 Whether the orgamzatton ts exempt from taxatton pursuant to 3%~ 501 (c) of
the Internal Revenue Code of 1954
Whether a current annual alcohohc beverage hcense for servtng alcohohc
beverages has been tssued by the Vtrgtnta Alcohohc Beverage Control Board to
such organtzatton, for use on such property
Whether any &rector, officer or employee of the organtzatton ts pard
compensatton tn excess of a reasonable allowance for salames or other
compensatton
Whether any part of the net earmngs of such orgamzatton tnures to the
benefit of any tndtvtdual and whether any stgntficant portton of the servtce
provided by such organtzatton ts generated by funds received from donattons,
contrtbuttons, or local, state or federal grants
5 Whether the organtzatton provides servtces for the common good of the
pubhc
Whether a substanttal part of the acttvtttes of the organtzatton tnvolves
carrytng on propaganda, or otherwtse attempttng to tnfluence legtslatton and
whether the organtzatton parttctpates tn, or tntervenes tn, any pohttcal
campatgn on behalf of any candtdate for pubhc office
May 27, 2003
-9-
CITY M/INA GER 'S BRIEFING
NON-PROFIT T/IX EXEMPTION PROCESS
ITEM # 5119 7 (Con tin ued)
7 The revenue tmpact to the locahty and tts taxpayers for exempttng the
property
8 Any otherperttnent crtterta, facts and ctrcumstances
The Ctty Attorney advzsed Mr Spencer has prevtously prepared an apphcatton for these tax-exempt
organizations. Each of these factors must be addressed on thts apphcatton Coptes of thts apphcatton wtll
be dtstrtbuted to Ctty Counctl Assoctate City Attorney Larry Spencer advtsed there were no non-tax
exemptton apphcattons tn the last General Assembly as the Constttuttonal Amendment was effecttveJanuary
Ftrst, and, therefore, the General Assembly dtd not have the power to constder these apphcattons City
Counctl has requested a better process for constdertng tax exemptton requests The proposed pohcy
estabhshes addtttonal crtterta for constderatton Thts pohcy also estabhshes a process and ttmetable
Proposed Criteria
1 The organtzatton (or an affihated organtzatton) must currently own property
tn Vtrgtnta Beach
2 The orgamzatton's property taxes must represent a stgntficant burden, at
least etther $250 or more annually or 5% or more of tts expenchtures for last
fiscal year (whtchever ts greater)
3 Exemptproperty cannot to be usedpersonally (or tn the case of real estate,
occupted) by any member of the orgamzatton
4 (a) Orgamzatton must be exempt form federal tncome taxpursuant to IRC
3~ 5 01 (c)
(b) Organtzatton must actually certtfy tts conttnutng tax exempt status~file
returns
(c) Loss of 501 (c) status must tmmedtately be reported to the Commtsstoner
of the Revenue or the Ctty Attorney
Organtzattons provtdtng restdenttal or nurstngfacthttes for the elderly must
commtt to have 50°/6o or more of beds to be set astde for low-tncome persons
(Assumes an average substdy of 50% of monthly charges per bed)
Each entity exempted from local property taxes shall file an apphcatton wtth
the Commtsstoner of the Revenue every three years to retatn exempt status
of the property
7 Value of exempted taxes to be deductedfromfundtngprovtded by the Ctty,
such as COG grants
8 No requests for retroacttve tax exempt grants shall be awarded
May 27, 2003
-IO-
CITY MANA GER 'S BRIEFING
NON-PROFIT TAX EXEMPTION PROCESS
ITEM # 51197 (Continued)
9 Apphcants must be tn comphance wtth all Ctty ordinances and regulatton,
tncludtng butldtng, property maintenance and zomng codes, and current on
all local tax obhgattons
10 Exempttons approved by the Ctty Counctl apply only to real property hsted
on the ortgtnal apphcatton
11 Exempttons. as well as any departure from gutdehnes, shall requtre approval
by three-fourths (3/4) of the members of the Ctty Counctl
Mr Spencer advtsed Federal Tax reformation can be required annually from every organmatton There ss
a state law that requtres every threeyears an ordtnance could be adopted sttpulattng the enttty must reapply
for tax exempt status
Mr Spencer suggested the Review andAllocation Committee (Community Organization GranO (COG) who
have expertence wtth non-profits, provide the recommendatton re the apphcatton for tax exempt status
Jerald Banagan, Real Estate Assessor, adwsed the Sensor Ctttzens' facthttes whtch Ctty Counctl has
endorsed exemptton tn the past, were all under Federal programs (HUD)
Concern was expressed relattve revtew by COG, as thts parttcular Commtttee works extremely hard and
thts would add more responst&hty Thts revtew should be conducted when they are not constdertng grants
and allocattng fundtng Mr Spencer adwsed all concerns would be noted relattve the proposed Crtterta
Procedures to Accomplish Policy
1 Organtzattons applytngfor exemptton must request a wrttten determtnatton
from the Commtsstoner of the Revenue and the Real Estate Assessor as to
whether the organtzatton ss tax-exempt by classtficatton
2 If not exempt by classtficatton, and meets the crtterta for exemption by
destgnatton, orgamzatton wtll receive an apphcatton from the Commtsstoner
of the Revenue or the Real Estate Assessor
3 Apphcatton to be approved as to form by Ctty Attorney
4 Ctty Counctl to revtew apphcattonsfor exemptton once annually
5 Apphcattons submttted to the Ctty Attorney by November 1, City Attorney
wtll review apphcattons for completeness
6 Tax tnformatlon tn the completed apphcatton to be revtewedfor accuracy by
Commtsstoner of the Revenue and Real Estate Assessor
7 By December 1, the apphcattons wtll be gtven to the Communtty
Organtzatton Grant Commtttee (COG)for tts revtew and recommendatton
May 27, 2003
-11-
CITY MANA GER 'S BRIEFING
NON-PROFIT TAX EXEMPTION PROCESS
ITEM # 51197 (Continued)
8 COG to revtew and make wrttten recommendattons by February Ftfteenth
9 Afer revtew by COG, the apphcatton wtll be adverttsedfor a Pubtc Hearing
and constderatton by the Ctty Counctl Each apphcant shall pay the cost of
such advertisement
10 By May each year, Ctty Counctl wtll conduct a Pubhc Heartng and constder the
apphcattons
11 Effecttve date of exempttons July Ftrst
Mr Spencer referenced two organtzattons prevtously endorsed by the Ctty Counctl Cerebral Palsy of
Virginia and Heart Havens, Inc. These Resoluttons were adopted tn 2001 Necessary legtslatton was not
tntroduced tn the 2002 Sesston of the General Assembly
BY CONSENSUS, apphcattons of Cerebral Palsy of Virginia and Heart Havens, Inc , shall be scheduled
for a Ctty Counctl Agenda prtor to the effecttve date of thts new process
May 27, 2003
- 12-
AGENDA RE VIEW SESSION
4:15 P.M.
ITEM # 51198
,14
Resolutton to ADOPT procedures for constdertng
unsohctted requests from prtvate enttttes for approval of
quahfytng projects under the Public-Private Educatton
Facthttes and Infrastructure Act of 2002 PPEA, and,
&rect the Ctty's Purchastng Agent to make these
procedures pubhcly avatlable
Councdman Schmtdt ts concerned relattve the proposed revtew fee
Counctl Lady McClanan advtsed there has not been any pubhc comment nor dtscusston among the members
of Ctty Counctl
Thts ttem shall be DEFERRED unttl the Ctty Counctl Sesston of ,1une 3, 2003, wtth a Pubhc Heartng
scheduled
ITEM # 51199
B Y CONSENSUS, thefollowtng shall compose the CONSENT AGENDA:
,11
Ordtnance to ACCEPT and APPROPRIATE $84,272
from the Federal Emergency Management Agency
(FEMA) to the Ftre Department's FY 2002-2003
operattng budget re the President's Homeland Security
mmattve, all-hazards emergency operattons planmng,
develop strategtes for local preparedness and increase
revenues accor&ngly
.12
Ordtnance to APPROPRIATE $7,700 tn the Ftre
Department's FY 2002-2003 gift fund to support
Operation Smoke Detector, the Volunteer Inspector
program and enhance fire vtdeo and safety
`13
Resolutton to AUTHORIZE the Ctty Manager to execute
the Comprehensive Relicensing Settlement Agreement
for the Roanoke Raptds and Lake Gaston Dam project
May 27, 2003
-13-
AGENDA RE VIEW SESSION
ITEM # 51199
K1
Apphcatton of NEW FELLOWSHIP BAPTIST
CHURCH for a Con&ttonal Use Permtt re a freestanding
church at 3308 Continental Street
(DISTRICT 3 - ROSE HALL)
Counctl Lady McClanan requested thts apphcatton be approved for one year with the requtrement of filhng
the "pot holes"
The staff shall compose the wordtng for thts conchtton and this item wtll be dtscussed durtng the Formal
Session
ITEM # 51200
K2
Apphcatton of SENTARA VIRGINIA BEACH
GENERAL HOSPITAL for a Condtttonal Use Permtt re
a hospital patient tower and emergency department
addttton at 1060 Ftrst Colomal Road
(DISTRICT 5 - L YNNHA VEN
Counctl Lady Eure expressed concern relattve the parktng Thts ttem shall be addressed durtng the Formal
Sesston
ITEM # 51201
K3
Apphcatton of CAVALIER GOLF & YACHT CLUB for
a Condtttonal Use Permtt re marina expansion from 77
to 92 shps at 1052 Cardtnal Road
(D IS TRI C T 5- L YNNHA VEN)
Counctlman Wood advised the apphcant requested INDEFINITE DEFERRAL.
ITEM # 51202
K5
Apphcatton of LINDA H. DANIEL for the enlargement of
a nonconformmg use re an addttton for a washer and
dryer to the eastern stde of a duplex at 210 79th Street
(DISTRICT 5 - L YNNHA VEN)
Thts ttem shall be chscussed tn Formal Sesston
May 27, 2003
- 14-
AGENDA RE VIEW SESSION
ITEM # 51203
B Y CONSENSUS, thefollowtng shall compose the CONSENT AGENDA:
K3
Apphcatton of CAVALIER GOLF & YACHT CLUB for
a Condtttonal Use Permtt re marina expansion from 77
to 92 shps at 1052 Cardtnal Road
(DISTRICT 5 - L YNNHA VEN)
K4
Apphcatton of K & E, L.L.C. for a MODIFICATION of
a Conchttonal Rezomng (approved by City Counctl on
December 7, 1999), to modt. fy theproposed archttecture of
the datry retatl facthty and eltmtnate the prevtously
proposed retatl center at 5102 Prtncess Anne Road
(DISTRICT 2 - KEMPSVILLE)
Item K 3 shall be DEFERRED INDEFINITEL Y, B Y CONSENT
May 27, 2003
- 15-
CITY COUNCIL COMMENTS
4:25 P.M.
ITEM # 51204
Counctlman Vtllanueva advtsed May ts Asian/America/Pacific Heritage Month and to please parttctpate
tn the acttvtttes
ITEM # 51205
Counctl Lady Eure referenced the "stucco type " fimsh or EIFS (exterior, insulated finish system) are
betng outlawed tn some ctttes Just recently, a condomtntum, whose extertor ts betng tinned by this system,
ts trying to salvage the butldtng and renovate by bdhng each condo owner $40,000 There ts a home wtth
thts fintsh tn Greenbrter Country Club The homeowner ts letttng the home &stntegrate because of the cost
Counctl Lady Eure requested tnformatton be provtded relattve the number of homes effected and the
communtttes tnvolved
Relattve thts matertal, Counctlman Dtezel advtsed that the Umform Statewtde Butldtng Code, a resolutton
would have to be ADOPTED and referred to the State Board of Houstng, as the Ctty ts not able to amend
the Butldtng Code at the local level There should be a dtsttnctton made between the product utthzed by
Council Lady Eure and the newer product caustng the problem Stucco has performed reasonably over the
years
Counctlman Wood wtshed thts to be chscussed as he had a dtfferent optmon relattve thts ttem
Councdman Schmtdt advtsed Delegate Gray charred a state wtde commtsston relattve thts tssue of EIFS
Mr Warnstaff shall provtde a report to Ctty Counctl
May 27, 2003
-16-
ITEM # 51206
Vtce Mayor Louts R Jones called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the City Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, May 2 7, 2003, at 4 32
PM
Counctl Members Present
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba
S McClanan, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva,
Rosemary Wtlson and James L Wood
Counctl Members Absent
Mayor Meyera E Oberndorf and Richard A Maddox
May 27, 2003
-17-
ITEM # 51207
Vtce Mayor Louts R Jones entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION,
pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followmg purpose
PERSONNEL MATTERS Dtscusston, constderatton or interviews of prospecttve
can&dates for employment, assignment, appotntment, promotion, performance,
demotton, salartes, dtsctphntng, or restgnatton of spectfic pubhc officers, appotntees,
or employees pursuant to Sectton 2 2-3 711 (A) (1)
To Wtt Appotntments
Boards and Commtsstons
Eastern Vtrgtnta Mechcal School
Francts Land House Board of Governors
Open Space Commtttee
Parks and Recreatton Commtsston
Youth Servtces Coordtnattng Counctl
Sentor Ctttzens Tax Rehef Task Force
PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of
real propertyfor a pubhcpurpose, or of the dtsposttton of pubhcly-held real property,
where dtscusston tn an open meettng would adversely affect the bargatnmg posttton or
negottattng strategy of the pubhc body pursuant to Sectton 2 2-3 711 (A) (3)
Acqutsttton/Dtsposttton of Property -Prtncess Anne Dtstrtct
LEGAL MATTERS Consultation wtth legal counsel or brtefings by staff members,
consultants, or attorneys pertatntng 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)
The Chrtsttan Broadcasting Network, Inc v Ctty of Vtrgtnta Beach
Upon motton by Councilman Schmtdt, seconded by Counctlman Wood, Ctty Counctl voted to proceed tnto
CLOSED SESSION.
Vottng 9-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan,
Jtm Reeve, Peter W Schmtdt,, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf and Rtchard A Maddox
(4:32 P.M. - 6:00 P.M.)
May 27, 2003
- 18-
FORMAL SESSION
VIRGINIA BEA CH CITY COUNCIL
May 27, 2003
6:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, May 27, 2003, at 6 O0 P M
Counctl Members Present
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba
S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm
Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and
James L Wood
Counctl Members Absent
None
INVOCATION
Reverend Thomas H Brttton
Pastor, Rettred
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
May 27, 2003
Item V-E. 1.
- 19-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 51208
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meetmg
requirements by Vtrgtma law were dtscussed tn Closed Sesston to which
this certtficatton resolutton apphes,
AND,
Only such pubhc busmess matters as were tdenttfied tn the motton
conventng the Closed Sesston were heard, dtscussed or constdered by
Vtrgtnta Beach Ctty Council
Vottng 11-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva Rosemary Wtlson and James L
Wood
Counctl Members Voting Nay
None
Counctl Members Absent
None
May 27, 2003
OUR #~"~°~
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virg~ma Beach C~ty Councd convened ~nto CLOSED SESSION,
pursuant to the affirmative vote recorded ~n ITEM # 51207, page 17, and m accordance w~th the
provisions of The Virginia Freedom of Information Act, and,
WHEREAS' Section 2 2-3 711 (A) of the Code ofV~rg~nla reqmres a certification by the govermng
body that such Closed Session was conducted ~n conformity w~th V~rglma 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 Vlrg~ma law were d~scussed ~n Closed Session to which th~s certfficat~on resolution
apphes, and, (b) only such pubhc bus~ness matters as were ldentffied ~n the motion convening this Closed
Session were heard, d~scussed or considered by V~rg~ma Beach C~ty Council
.~I~uth Ho'd~
C~ty Clerk
May 27, 2003
- 20-
Item V-F. 1.
MINUTES
ITEM # 51209
Upon motton by Counctl Lady Wtlson, seconded by Councdman Reeve, City Councd APPROVED the
Minutes of the INFORiklAL AND FORMAl, SESSIONS of May 13, 2003.
Vottng 11-0
Councd Members Voting Aye
Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L
Wood
Councd Members Vottng Nay
None
Counctl Members Absent
None
May 27. 2003
-21 -
Item V-G.
,4DOPT ,4 GEND,4
FOR FORM,4L SESSION
ITEM # 51210
B Y CONSENSUS, C~ty Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
May 27, 2003
Item P-G.I.
- 22 -
RECOGNITION
ITEM # 51211
Mayor Oberndorf RECOGNIZED the followtng Boy Scouts tn attendance to earn thetr Communication
Mertt Badge
Boy Scout Troop 179
Sponsored by St. John the Apostle Catholic Church
Joshua Weft
Glenn Tainter
Troy Klemenc
Anthony Carothers
DavM Kennedy
Kevin Kennedy
James Haight
Bradley Cayo
Ben Everette
Paul Mortimer
Jerry Kane
David Acosta
Ben Sandridge
Rod Mattingly
Stephen Tucker
Counselors - Renee and Randy Everette
May 27, 2003
- 23 -
Item V-H. 1.
PRESENTATION AND
PUBLIC COMMENT
ITEM # 51212
TOWN CENTER - PHASE H
Lou Haddad, Prestdent and Chtef Executtve Officer- Armada Hoffler, presented a brtef summartzatton of
Town Center Phase I When Town Center was first envtstoned the total prtvate tnvestment for the first two
phases was tn the $117-MILLION range Now, Phase I and lI combtned wtll be well over $170-MILLION
on the same pteces of property Phase I encompasses the Tower, the surroundtng retatl and the five-story
adjacent butldtng Thts sectton ts almost complete and 90% leased Wtth the addttton of the Hampton
Umverstty space on top of the garage, as well as the hotel and the TowneBank Butldtng, and the
rehabthtated One Columbus Center butldtng, Phase I will be complete Phase H wtll be the begtnntng of
a true Town Center Block 3, 8, 10 and 12 encompass Phase II, wtth approxtmately a $92-MILLION
tnvestment of Armada Hoffler The centerptece ts the $60-MILLION structure, the 342 unit apartment
high-rise (on top of 84O parking spaces and surrounded by another 45,000 square feet of retail) The two
center blocks adjacent to the Plaza comprtse 2-story butldtngs (restaurants, entertatnment and retatl space)
The thtrd butldtng wtll be the Galayan 's project, the anchor retatl for the enttre Center All blocks wtll be
consummated by Sprtng 2005
There were no speakers registered for the PUBLIC COMMENT.
May 27, 2003
Item V-J.
- 24 -
ORDINANCES/RES OL UTION
ITEM # 51213
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Council APPROVED IN ONE
MOTIONItems 1, 2 and 3 of the CONSENTAGENDA
Vottng 11-0 (By Consent)
Counctl Members Vottng Ave
Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
May 27, 2003
Item V-J. 1.
- 25 -
ORDINANCES/RESOL UTION
ITEM # 51214
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $84,272 from the Federal
Emergency Management Agency (FEMA) to the Fire Department's FY
2002-2003 operattng budget re the President's Homeland Security
tntttattve, all-hazards emergency operattons planntng, develop strategtes
for local preparedness and tncrease revenues accordtngly
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel Margaret L Eure, Vice Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
May 27, 2003
AN ORDINANCE TO ACCEPT AND APPROPRIATE $84,272
FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY
TO THE FIRE DEPARTMENT'S FY 2002-03 OPERATING
BUDGET TO SUPPORT ALL-HAZARDS EMERGENCY
OPERATIONS PLANNING
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8 That $84,272 in grant funds from the Federal Emergency
9 Management Agency is hereby accepted and appropriated to the Fire
10 Department's FY 2002-03 Operating Budget to support all-hazards
11 emergency operations planning, with federal revenue increased
12 accordingly.
13 Adopted by the Council of the City of Virginia Beach, Virginia
14 on the 27th day of M~y 2003
CA-8876
NONCODE / femagrantord, wpd
R-1
May 13, 2003
Approved as to Content:
Management ~
Approved as to Legal Sufficiency:
Law Departmen~z u
MICHAEL M CLINE
State Coordinator
GEORGE W FORESMAN
Deputy Coordinator
COMMONWEALTH of VIRGINIA
Department of Emergency Management
December 20, 2002
10501 Trade Court
Richmond. VIrgm~a 23236-3713
(804) 897-6500
(TDD) 674-2417
FAX (804) 897-6506
Mr. James K. Spore
City Manager
Virginia Beach City
Municipal Center, Building
Virginia Beach, VA 23456
Dear Mr. Spore:
This letter serves as your official notice of your junsdiction's grant allotment from the State and
Local All-Hazards Emergency Operations Planning Grant Program offered through the Federal
Emergency Management Agency (FEMA). The grant amounts were determined by using $5,000
as a base plus $. 18 per capita. Your city/county will receive $84,272.00 in grant funds by mid-
January. The funds must be spent by December 12, 2003.
The purpose of the funds is to enhance our ongoing local emergency operabons planmng program
and to begin the process of developing strategies for overall local preparedness. Continuous all-
hazards operabonal planning, including plans, training and exercises, is the foundation of
emergency management. This effort produces comprehensive plans that address preparation for,
and response to, all threats, including terrorist attacks.
There are very specffic activities for which these funds may be used. Every cxty and county is
required to complete the activities listed on the Grant Activities Sheet. To indicate your
acceptance of these activities and the funds, please mgn and return the enclosed Letter of
Agreement. Also enclosed are two reporting forms: one for quarterly reports on activities, and a
final report on expenditures.
If you have questtons or concerns, you may contact Barbara Moore-Scruggs. She may be reached
at (804) 897-6500, extension 6524, by phone or by e-mail at bmoorescruggs~vdem.state.va.us.
Sincerely,
Michael M. Cline
MMC/BM-S/pg
Enclosure
C: Emergency Management Coor&nator
"Working to Protect People, Property and Our Commumt,,,,."
Item V-d. 2.
- 26-
ORDINANCES/RES OL UTION
ITEM # 51215
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED:
Ordtnance to APPROPRIATE $7,700 tn the Ftre Department's FY2002-
2003 gtft fund to support Operation Smoke Detector, the Volunteer
Inspector program and enhance fire video and safety
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
May 27, 2003
AN ORDINANCE TO APPROPRIATE $7,700 IN THE FIRE
DEPARTMENT'S GIFT FUND FY 2002-03 OPERATING
BUDGET TO SUPPORT OPERATION SMOKE DETECTOR,
THE VOLUNTEER INSPECTOR PROGRAM, AND ENHANCE
FIRE VIDEO AND SAFETY SERVICES
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8 That $7,700 in donations is hereby appropriated from the Fire
9 Department's Gift Fund to the Fire Department's FY 2002-03
10 Operating Budget, with $5,000 dedicated to the video services,
11 $1,200 to support volunteer inspectors, $500 for the safety program
12 and $1,000 dedicated to support Operation Smoke Detector, and
13 revenue is increased accordingly.
14 Adopted by the Council of the City of Virginia Beach, Virginia
15 on the 27th day of May , 2003.
CA-8877
Noncode/giftgrantord.wpd
R-1
May 14, 2003
Approved as to Content:
Manageme~nt Servic ._ __
/
Approved as to Legal Sufficiency:
Item V-d. 3.
-27-
ORDINANCES/RESOL UTION
ITEM # 51216
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Council ADOPTED:
Resolutton to AUTHORIZE the Ctty Manager to execute the
Comprehensive Relicensing Settlement Agreement for the Roanoke
Raptds and Lake Gaston Dam project
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
May 27, 2003
A RESOLUTION APPROVING THE COMPREHENSIVE
RELICENSING SETTLEMENT AGREEMENT FOR THE
ROANOKE RAPIDS AND GASTON DAM PROJECT AND
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE THE AGREEMENT ON BEHALF OF THE CITY
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WHEREAS, in 1995, after performing a lengthy
environmental study culminating in an Environmental Impact
Statement, the Federal Energy Regulatory Commission (hereinafter
"FERC") issued an order amending the original license authorizing
the Roanoke Rapids and Gaston Project (FERC Project No. 2009), a
hydropower project owned and operated by Dominion North Carolina
Power (hereinafter "Dominion"); and
WHEREAS, the effect of such license amendment was to
effectively allow the City of Virginia Beach to withdraw water from
Lake Gaston for the Lake Gaston Water Supply Project; and
WHEREAS, as an inducement to FERC for the approval of the
license amendment, the City voluntarily proffered that it would
implement a number of additional environmental enhancements not
required by FERC, including refraining from reselling water from
Lake Gaston to any communities outside of Southeastern Virginia
(except for emergency deliveries to communities along the route of
the Lake Gaston Pipeline); maintaining an active and ongoing water
conservation program; financing a program of hydrilla control in
Lake Gaston; using alternative sources of water during critical
droughts; and using storage in Kerr Reservoir to augment river
flows during the striped bass spawning season; and
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WHEREAS, the City thereafter completed construction of
the Lake Gaston Project, and placed the Project in service in 1998;
and
WHEREAS, the aforesaid license expired in January 2001,
and since then has been renewed by FERC on an annual basis; and
WHEREAS, beginning in 1995, the City of Virginia Beach
and numerous other stakeholders, including Dominion, the State of
North Carolina, the Roanoke River Basin Association, local
governments, environmental groups, private entities, federal
agencies and others, have engaged in lengthy, detailed and
intensive negotiations as part of the Roanoke Rapids and Gaston
Project relicensing process, which negotiations have resulted in
the stakeholders reaching agreement on all of the issues
encompassed by the relicensing; and
WHEREAS, the proposed Settlement Agreement for the
Roanoke Rapids and Gaston Dam Project (hereinafter "Settlement
Agreement") is comprehensive in scope, containing detailed
provisions regarding, among other things, Roanoke River flows,
fisheries, lake levels, shoreline management, recreation and
historic resources; and
WHEREAS, Article FL6 - "Drought Response" of the
settlement agreement addresses the subject of the City's response
to critical droughts in the Roanoke River Basin, including the
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issue of interbasin transfers of water from the Roanoke River
during such droughts; and
WHEREAS, the material provisions of Article FL6 are
summarized in the attached "Summary of Material Terms of Article
FL6 of Settlement Agreement for the Roanoke Rapids and Gaston Dam
Project," and a true copy of the entire Settlement Agreement is on
file in the City Clerk's Office; and
WHEREAS, the City's obligations set forth in the
Settlement Agreement are substantially equivalent to those
proffered by the City to FERC in 1995, and are consistent with the
City's actions since the Lake Gaston Project became operational and
with the City's response to the 2001-02 drought; and
WHEREAS, if the Settlement Agreement is approved by FERC
the final remaining uncertainty regarding the regulatory status of
the Lake Gaston Project will be resolved; and
WHEREAS, terms of the Settlement Agreement, including
Article FL6, are fair and reasonable and in the best interests of
all stakeholders; and
WHEREAS, the City Council hereby expresses its
appreciation to the Office of the Governor of the Commonwealth of
Virginia for its invaluable assistance in the relicensing process;
to the State of North Carolina for the spirit of cooperation and
reasonableness it has brought to the negotiations; and to the other
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stakeholders for their willingness to compromise for the collective
benefit of all concerned;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby approves the Settlement
Agreement for the Roanoke Rapids and Gaston Dam Project, and hereby
authorizes and directs the City Manager to execute the same on
behalf of the City.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 27th day of May , 2003.
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CA-8880
wmm\ordres \relicensingagmt. res
R-2
May 19, 2003
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY: /
_
City Atto~n~y"s'Office
Roanoke Rapids and Gaston Dam Project Settlement Agreement
Summary of Material Terms
o
Provisions directly affecting City (Article FL 6 - Drought Response) are part of much larger
settlement.
,
Provisions apply only to Southeastern Virginia communities that obtain water from the Lake
Gaston Pipeline (only Virginia Beach at present; to include Chesapeake when it begins using
Lake Gaston water, as well as any future users). Parties agree that comparable obhgations
are appropriate for future or expanded interbas~n transfers.
3,
Establishes Consumptive Use Drought Management Committee ("Committee"), consisting
of North Carolina, V~rginia, Virginia Beach, and Dominion, to discuss drought conditions,
review available information on drought and water resource conditions, and dehberate to
determine measures to be taken to respond to any drought. Chesapeake and any future large
consumptive users (i.e., at least 2 mgd not returned to fiver) may join.
,
Following consultation with the Committee, North Carolina and Virginia mayj ointly declare
a critical drought ~n the Roanoke River Basin. In such event, Virginia Beach must take
water conservation measures specified by North Carolina, which may ~nclude:
Use of all water supply sources w~thin jurisdiction limits to the maximum extent
practicable;
Use of all alternative sources that can be obtained,consistent with good utility system
practices at a cost of not more than 20% of the price charged to wheel and treat
Gaston water;
Use of any emergency/conjunctive use groundwater that is practically and
economically available; and
Implementation of conservation measures to reduce water demands set forth in City
Code Section 37-21 (no outdoor watering, etc.).
Se
If Virginia does not agree with North Carolina that there is a critical drought, North
Carohna may still impose conservation measures, but none stricter than it imposes on North
Carolina water supply systems currently using interbasin transfers from the Roanoke River.
6. Any party may appeal critical drought determination to U.S. Army Corps of Engineers.
o
Virginia and North Carolina also determine when conditions warrant modification,
suspension or rescission of drought measures or when a drought has ended, with same
appeal rights to Corps of Engineers.
,
IfV~rginia does not agree, North Carolina may still require conservation measures, but not
stricter than those it imposes on North Carolina water systems currently using interbasin
transfers from the Roanoke River.
9. City's proffers to FERC are retained in slightly modified form. They include:
· C~ty pays $200,00 per year, with inflation adjustment, for hydrilla control;
· Lake Gaston water may not be exported outside of S.E. Va.;
· Lake Gaston Pipeline hmited to 60 mgd;
· City to use storage ~n Kerr reservoir for for striped bass spawmng;
· City to maintmn an active conservation program;
· City commitment to regional conservation;
· No interference by City with alternative water supphes;
City will not interfere with recreational uses in Lake Gaston or Kerr Reservoir or
seek special regulations, legislation or stricter d~scharge standards for Pea Hill Creek,
Lake Gaston or Kerr Reservoir than would apply to other simdar waters in Virginia.
10.
Virginia and North Carolina recognize Roanoke River is shared resource that should be
cooperatively managed by the two states.
11. City's obligations are enforceable only by North Carolina or ~ts agencies.
12. City reserves rights to challenge any other restrictions on its rights.
Item V-J.g.
- 28 -
ORDINANCES/RES OL UTION
ITEM # 51217
Robert 0 'Connor. 204 52nd Street 23451, Phone 428-0902, requested DEFERRAL to allow a PUBLIC
HEARING.
Upon motton by Counctlman Wood, seconded by Counctlman Schmtdt, City Counctl DEFERRED until the
City Council Session of June 3, 2003, with a PUBLIC HEARING
Resolutton to ADOPTprocedures for constdertng unsohctted requests from
prtvate enttttes for approval of quahfytngprojects under the Public-Private
Educatton Facthttes and Infrastructure Act of 2002 (PPEA), and, dtrect
the City's Purchasing Agent to make these procedures pubhcly avatlable
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L
Wood
Counctl Members Voting Nay
None
Counctl Members Absent
None
May 27, 2003
- 29 -
Item V-K.
PLANNING
ITEM # 51218
1. NEW FELLOWSHIP BAPTIST CHURCH
CONDITIONAL USE PERMIT
2. SENTARA VIRGINIA BEACH GENERAL HOSPITAL CONDITIONAL USE PERMIT
3. CAVALIER GOLF & YACHT CLUB
CONDITIONAL USE PERMIT
4. K&E,L.L.C.
MODIFICATION of a Conditional
Rezoning (approved 12/7/99)
5. LINDA H. DANIEL
NONCONFORMING USE
6. COMPREHENSIVE PLAN re
MASTER STREET AND HIGHWAY PLAN
AMEND/ ADD portion of Nimmo
Parkway
Alignment for improvements /
Sandbridge Road
May 27, 2003
- 30-
Item V-K.
PLANNING
ITEM # 51219
Upon motton by Vice Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl APPROVED in ONE
MOTION Items 3 (DEFERRED) and 4
K 3 was DEFERRED INDEFINITEL Y, BY CONSENT
Voting 11-0 (By Consent)
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones,
Reba S McClanan, Rtchard A Maddox, Mayor Meyera E
Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva,
Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
May 27, 2003
Item V-K. 1
- 31 -
PLANNING
ITEM # 51220
Reverend John L Amos, 3308 Conttnental Street, Phone 340-6121 or (652-613 7 - cell), represented the
apphcant
Upon motton by Councd Lady McClanan, seconded by Councd Lady Wtlson, Ctty Counctl DEFERRED
INDEFINITEL Y, WITHINTENT TO BRING BACK June 3, 2003, Ordtnance upon apphcatton of NEW
FELLOWSHIP BAPTIST CHURCH for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF NE W FELLOWSHIP BAPTIST
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
Or&nance upon Apphcatton of New Fellowshtp Bapttst Church for a
Con&ttonal Use Permtt for a church on property located at 3308
Continental Street (GPIN 1487828654) DISTRICT 3 - ROSE HALL
This DEFERRAL will enable determination of ownership where the potholes and asphalt areas exist.
Voting 11-0
Councd Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones,
Reba S McClanan, Rtchard A Maddox, Mayor Meyera E
Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva,
Rosemary Wdson and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
None
May 27, 2003
Item V-K. 2.
- 32 -
PLANNING
ITEM # 51221
The followtng represented the apphcant
Robert Graves, Admtntstrator- Vtrgtnta Beach General Hospttal, 1589 Godfrey Lane Mr Graves advtsed
wtthtn the last 24 months, 3 79 newparktng spaces have been added along Ftrst Colomal Road Employees
have been admontshed not to park tn front of the hospttal but on the back stde (where a very large
employee parktng area ts located) There are dtsctphnary measures when employees do not have thetr
sttckers affixed to thetr cars
Paul Ftnch, Archttect, 3550 Buckner Boulevard, Phone 471-0537
John Hawa, 984 Ltndsley Drtve, Phone 481-3861, not OPPOSED to the hospttal expanston, but ts
concerned re employee parking spdhng over on Ltndsley Drtve
Upon moaon by Councdman Wood, seconded by Counctlman Vdlanueva, City Councd ADOPTED
Ordinance upon apphcatton of SENTARA VIRGINIA BEACH GENERAL HOSPITAL for a Condtttonal
Use Permtt
ORDINANCE UPON APPLICATION OF SENTA RA VIRGINIA B EA CH
GENERAL HOSPITAL FOR A CONDITIONAL USE PERMIT FOR A
HOSPITAL 50331100
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton of Sentara Vtrgtnta Beach General Hospttal
for a Condtttonal Use Permtt for a hospttal on property located at 1060
Ftrst Colomal Road (GPIN 2408633987) DISTRICT 5 - LYNNHA VEN
The followtng conchttons shall be requtred
In addttton to submtsston of buddtng plans as requtred by Ctty
Code for permttttng, the archttectural elevattons for all buddtng
addtttons shall be submttted to the Dtrector of Planntng for
revtew and approval of extertor buddtng design and matertals
2 Foundatton landscaptng shall be provided on the detaded stte
plan for all butl&ng addtttons facmg a pubhc rtght-of-way
Thts Conchttonal Use Permtt ts for the addtttons and
modtficatton as deptcted on the "Master Stte Plan - Sentara
Vtrgtnta Beach General HospttaL" submttted wtth the
apphcatton and on file wtth the Department of Planmng
May 27, 2003
- 33 -
Item V-K. 2.
PLANNING
ITEM # 51221 (Continued)
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 (J) of the Zontng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-seventh of May,
Thousand Three
Two
Vottng 11-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones,
Reba S McClanan, Rtchard A Maddox, Mayor Meyera E
Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva,
Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None ,
May 27, 2003
Item V-K. 3.
- 34 -
PLANNING
ITEM # 51222
Upon motton by Vtce Mayor Jones, seconded by Council Lady Eure, Ctty Counctl DEFERRED
INDEFINITELY Ordmance upon apphcatton of CA VALIER GOLF & YACHT CLUB for a Condtttonal
Use Permtt
ORDINANCE UPON APPLICATION OF CA VALIER GOLF & YACHT
CLUB FOR A CONDITIONAL USE PERMIT FOR A MARINA
EXPANSION
Or&nance upon apphcatton of Cavaher Golf & Yacht Club for a
Condtttonal Use Permtt for a martna expanston on property located at
1052 Cardtnal Road (GPIN 2418246584) DISTRICT 5 - L YNNHA VEN
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones,
Reba S McClanan, Rtchard A Maddox, Mayor Meyera E
Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva,
Rosemary Wtlson and James L Wood
Counctl Members Voting Nay
None
Counctl Members Absent
None
May 27, 2003
Item V-K. 4.
- 35-
PLANNING
ITEM # 51223
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl MODIFIED Proffers
Nos 1, 2, 3, and 5 (Nos 4 and 6 shall remain as ts), Ordtnance upon apphcatton of K & E, L.L.C. on a
Con&ttonal Rezomng (approved by Ctty Councd on December 7, 1999),
Ordinance upon Apphcatton of K & E, L L C for a Modtficatton of a
Condtttonal Rezonmg approved by City Counctl on December 7, 1999
Property ts located at .5102 Princess Anne Road (GPIN 1466883703)
DISTRICT 2 - KEMPSVILLE
The followtng con&tton shall be requtred
Agreement encompassmg AMENDED Proffers shall be recorded
wtth the Clerk of the Ctrcutt Court and ts hereby made a part of
the proceedtngs
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones,
Reba S McClanan, Rtchard A Maddox, Mayor Meyera E
Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva,
Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
May 27, 2003
FORM NO P S 1 B
City o£ Vir¢inia Beach
IlgTEi~-OFFI CE CO~RESPO~tDEAICE
In Reply Refer To Our File No. DF-5712
DATE: May 15, 2003
TO: Leslie L. Lilley DEPT: City Attorney
FROM: B. Kay Wilso DEPT: City Attorney
Conditional Zoning Application
K & E, L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on May 27, 2003. I have reviewed the subject proffer agreement, dated March
24, 2003, and have determined it to be legally sufficient and in proper legal form. A copy
of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW
Enclosure
FIRST AMENDMENT TO PROFFERS
CITY OF VIRGINIA BEACH, VIRGINIA
THIS AGREEMENT, made as of the 24 day of March, 2003, by and between K & E,
L.L C., a Virginia Limited Liability Company, owner of the Property described on Exhibit "A"
attached hereto ( hereinafter referred to as "Grantor"); and the City of V~rg~nla Beach, a
municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, the Grantor ~s the owner of a certain parcel of property located ~n the
Kempsville D,stnct of the C~ty of V~rginia Beach, V~rginia, containing approximately 3.61 acres,
more or less, as more particularly described in the attached Exhibit "A" (hereinafter the
"Property"); and
WHEREAS, the Property is subject to an Agreement ~nclud~ng proffered covenants,
restrictions and condibons, dated October 26, 1999, accepted by Grantee and recorded on
December 9, 1999, m Deed Book 4178, at Page 1887 ("F~rst Proffer); and
WHEREAS, the Grantor has filed a Modification of Conditions Application with the City
of Virginia Beach, Virginia, so as to modify, in part, the First Proffer; and
WHEREAS, the Grantor has requested the Grantee accept a modification to The First
Proffer; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that compebng and sometimes incompatible
uses conflict, and that in order to permit diffenng uses on and in the area of the subject
Property and at the same time to recognize the effects of the change and the need for various
types of uses, including those listed above, certain reasonable conditions governing the use of
the Property for the protecbon of the community that are not generally applicable to land
similarly zoned Conditional B-2, are needed to cope with the s~tuation to which the Grantor's
Modification of Conditions Apphcabon gives rise; and
WHEREAS, the Grantor has voluntarily proffered ~n writing in advance of and prior to
the public heanng before the Grantee, as part of the proposed modification of conditions, in
This Document Prepared By:.
Douglas W. Daws, Esquire
DAVIS & ASSOCIATES, P. C
Wynngate Bus,ness Park at Greenbrier
516 Baylor Court
Chesapeake, Virginia 23320
(757) 420-7722
757) 424-3293 facsimile
GPIN. 1466 88 3703
After Recordation Return To:
addition to the regulations provided for in the existing Conditional B-2 zoning district by the
ex~sting City's Zoning Ordinance (CZO), the following reasonable conditions related to the
physical development, operation and use of the Property; and
NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other
successors in title or interest, voluntanly and without any requirement by or exaction from the
Grantee or its governing body and without any element of compulsion or quid pro quo for
modification of conditions, zoning, rezoning, site plan, building permit or subdivision approval,
hereby makes the following declarabon of conditions and restncbons which shall restrict and
govern the physical development, operation and use of the Property, and hereby covenant and
agree that these Proffers shall constitute covenants running w~th the said Property, which shall
be b~ndmg upon the Property and upon all parties and persons claiming under or through the
Grantor, its heirs, personal representatives, assigns, grantees and other successors in ~nterest
or title:
1. The Property shall be developed substantially in accordance with that certain site
plan entitled, Conceptual S~te and Landscape Plan of Yoder Dairies, Princess Anne Road,
Virginia Beach, dated March 12, 2003, and prepared by MSA, P.C., a copy of which has been
exhibited to the City Council of the City of V~rgmia Beach and is on file in the Planning
Department of the City of Virginia Beach (the "Site Plan") The mod~ficabon of condibons shall
apply to the property ~dentified in the S~te Plan, compnsed of approximately 2.46 acres, more or
less, and currently zoned Conditional B-2, and shall not otherwise effect any other parcels
prewously rezoned.
2. The architectural design of the pnnr~pal structures on the Property shall be
substanbally as shown on certain exhibits consisting of drawings entitled "Retail Elevabon
Yoder Dairies," dated March 12, 2003, and prepared by Cox, Kliewer & Company, P.C., copy of
which has been exhibited to the City Council of the City of Virginia Beach and ~s on file ~n the
Planning Department of the City of Virginia Beach (the "Rendenng"). In add~bon, the exterior
building materials and colors of the principal structures on the Property and for all port~ons of
the pnnc~pal structures on the Property shall be substanbally as shown on the Rendenng. The
rendering depicts the proposed quality level and architectural theme for the building, ~ntended to
be compatible w~th the surrounding neighborhood
3. The uses permitted on the Property shall be restricted to all those permitted by right
or permitted by condibonal use permit upon approval thereof by City Council in Conditional B-2
zoning except that the following uses shall not be permitted:
Conditional B-2: B~cycle and moped rental establishments, dormitories for manne
pdots, dwellings attached or mulb-famdy, home occupabons, housing for seniors,
disabled, or handicapped persons, including convalescent or nursing, maternity homes,
hotels and motels, motor vehicle sales and rental, and off-site parking facihties
Th~s shall not effect the uses previously enumerated for the R5D and I-1 zoning.
4. Any exterior mechanical equipment located on the roof of the retail center shall be
screened from the view of the public right-of-way by the front canopy treatment and parapet
walls on the side.
5 A freestanding monument s~gn erected on the Property shall not exceed a height of
-2- '
eight feet. No portion of the s~gnage on each sign shall protrude beyond the sign face area and
the sign face area shall be the same w~dth as the monument base of the sign. Any
freestanding sign constructed on the Property shall be of substanbally the same exterior
budding matenals and colors as the front facade on the retail structures.
6. Site hghting on the Property shall be intemal focus metal halide.
Further conditions may be required by the Grantee dudng detailed Site Plan and/or
subdivision review and administration of applicable City Codes by all cognizant City agencies
and departments to meet all apphcable City Code requirements.
All references to zoning districts and to regulations applicable thereto refer to the City
Zoning Ordinance of the C~ty of the V~rgin~a Beach, V~rgm~a, ~n force as of the date the
modification of conditions ~s approved by the Grantee.
The above conditions, having been proffered by the Grantor and allowed and accepted
by the Grantee, shall continue in full force and effect until a subsequent amendment changes
the zoning of the Property and specifically repeals such conditions. Such condibons shall
conbnue despite a subsequent amendment to the Zoning Ordinance even if the subsequent
amendment is part of a comprehensive implementation of a new or substanbally revised Zoning
Ordinance unbl specifically repealed. The conditions, however, may be repealed, amended, or
varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by the Grantee in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by the
governing body of the Grantee, after a public hearing before the Grantee which was advertised
pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended.
Said ordinance or resolution shall be recorded along with said instrument as conclusive
ewdence of such consent, and if not so recorded, said ~nstrument shall be void.
The Grantor covenants and agrees that (1) the Zoning Administrator of the City of
Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing
body of the C~ty of Virginia Beach, Virgima, to administer and enforce the foregoing conditions,
including (1) the ordenng ,n wnbng of the remedying of any noncompliance with such
conditions, and (i0 the bdnging of legal action or su~t to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggneved by any decision of the Zoning Administration made pursuant to the prowsions of the
City Code, the C~ty Zoning Ordinance of this Agreement, the Grantor shall petition to the
governing body for the review thereof prior to ~nstitubng proceed,ngs in court; and (4) the
Zoning Map show by an appropnate symbol on the map the existence of conditions attaching to
the zomng of the Property on the map and that the ordinance and the conditions may be made
readily available and accessible for public inspection in the office of the Zoning Administrator
and in the Planning Department, and that they shall be recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, and indexed ~n the name of the Grantor and
Grantee.
WITNESS the following signatures and seals:
-3-
K & E, L.L.C.
By:
7~'mei k:enn~th R. Miller
Title: Member
By:
Name: Elsie L. Miller
Title: Manager
INDIVIDUALLY:
By:
By:
l~r~e:' I~enne~h R. Mili'er -'~ -
Name: Elsie L. Miller
COMMONWEALTH OF VIRGINIA
CITY OF CHESAPEAKE, to wit:
The foregoing instrument was acknowledged before me this ~ ~' day of March, 2003
by Kenneth R. Miller and Elsie L. Mdler, ~ndividually and as the sole members of K & E, L.L.C.,
a V~rg~nia Limited Liabihty Company, on behalf of the Company.
N ot~a ~y Public
My commission expires:
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY TO BE REZONED
All that certain lot, p~ece or parcel of land s~tuate, lying and being near Kempswlle, in
Kempsville Magisterial District, Pnncess Anne County, Virginia, as can be seen by
reference to a plat made for Yoder Dairies by C.R. Mclntire, Ciwl Engineer, which plat is
made a part of this deed and is to be recorded herewith, and describes the property as
follows:
Beginning at an iron pipe on the North side of the Kempsvdle Road at the Southeastern
comer of property belonging to 'Coder Dairies, Incorporated, thence along the center hne
of a ditch North 36 degrees 40 m~n. East 233.1 feet to an ~ron p~pe; thence along the
center hne of a ditch and ~ts projection thereof North 65 degrees 00 m~n. West 351.9
feet to an iron pipe; thence along the center line of a ditch South 62 degrees, 28 min.,
East, 984.5 feet to an ~ron pipe on the Northern side of Kempsville Road, thence along
the said Northern side of the Kempsville Road North 75 degrees, 12 min. West 432.3
feet to a point; thence continuing along the said Northern s~de of the Kempsville Road
North 65 degrees 57 min. West 317.4 feet to the point of beginmng; and containing
17.60 acres, more or less.
Item V-K.$.
- 36-
PLANNING
ITEM # 51224
Ltnda H Dantel, apphcant, represented herself
Pettttons tn OPPOSITION were recetved from the restdents of 7ffh Street
Upon motton by Counctlman Wood, seconded by Counctlman Vtllanueva, Ctty Counctl DENIED the
apphcatton of LINDA H. DANIEL for the enlargement ora nonconformtng use re an addttton for a washer
and dryer
Resolutton upon apphcatton of Ltnda H Dantel for the Enlargement ora
Nonconformtng Use on property located at 210 79th Street (GPIN
2419587079) DISTRICT 5 - LYNNHA VEN
Vottng 6-5
Councd Members Voting Aye
Margaret L Eure, Reba S McClanan, Mayor Meyera E
Oberndorf, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
Harry E Dtezel, Vtce Mayor Louts R Jones, Rtchard A Maddox, Jtm
Reeve, Peter W Schmtdt
Counctl Members Absent
None
May 27, 2003
Item V-K. 6. a.
-37-
PLANNING
ITEM # 51225
The followtng regtstered tn SUPPORT of Ntmmo Parkway (Alternattve Verston)
Carl Strass, 2828 Bluebdl Drtve, Phone 721-3931
Al Henley, 3112 Colechester Road, Phone 426-6991
Ann Henley, 3112 Colechester Road, Phone 426-6991
Wtlham Barley, 4841 Rosecrofi Street, Phone 495-063 7
George L Wadsworth, Jr, 1533 Prtncess Anne Road, Phone 426-6363
Paul Rousseau, 305 Corbet Road, Phone 426-53 76
The followtng regtstered tn OPPOSITION of Ntmmo Parkway retnstatement to the Master Street and
Htghway Plan and tn SUPPORT of ahgnment for improvements to Sandbrtdge Road
Dr Wtlham P Brown, 2232 Sandptper Road, Phone 721-5011
Kathleen H Ashby, 313 Pwkerel Lane, Phone 426-6635
Jtm Phtpps, 2312 Sandptper Road, Phone 426-2422
Molly Brown, represented Frtends of Back Bay, 2232 Sandptper Road, Phone 721-5011
Cheryl Petttcrew, 308 Swordfish Lane, Phon 426-5221
Donald Ashby, 313 Ptckerel Lane, Phone 426-6635
Jared Brandwem, Refuge Manager - Back Bay Nattonal Wtldhfe Refuge, 4005 Sandptper Road,
Phone 721-2412
Sara Nettelhorst, Educattonal Dtrector- Back Bay Restoratton Foundatton, 1168 Btrdneck Lake Drtve,
Phone 222-4911
Wynne Rentz, 2580 Atwoodtown Road, Phone 426-8447
Cratg Rentz, 2580 Atwoodtown Road, Phone 426-8447
Wesley Petttcrew, Umverstty of Vtrgtnta student, 308 Swordfish Lane, Phone 426-5221
Admtral Dtck Dunleavy, 2220 Sandfiddler Road, Phone 721-3644
Eve Estes Butts, Executive Dtrector- Back Bay Restoratton Foundatton, 340 Tuna Lane, Phone 426-3643
Martlyn Danner, 2601 West Landtng Road, Phone 426- 7390
Cynthta Stdner, 1141 New Market Drive, Phone 467-1829
Herb Jones, 2313 Sandptper Road, Phone 721-1103
Jay Taylor, Prestdent of Wetlands Watch, Inc , 516 Oak Grove Road, Norfolk 23505, Phone 423-8855
A MOTION was made by Counctlman Reeve, seconded by Counctlman Maddox, to ADOPT Or&nance to
AMEND the Ctty's Comprehenstve Plan re the Master Transportation Plan
ALTERNATIVE VERSION to ADD a portton of Nimmo Parkway
(formerly Ferrell) from Atwoodtown Road east to Sandbrtdge Road and
the removal of a portton of Sandbridge Road from Atwoodtown Road to
the Ntmmo Parkway rtght-of-way
May 27, 2003
Item V-K. 6. a~
- 38-
PLANNING
ITEM # 51225 (Continued)
A SUBSTITUTE MOTION was made by Counctlman Schmtdt, seconded by Counctlman Jones to DENY
Ordtnance to ,4MEND the City's Comprehenstve Plan re the Master Transportation Plan
ALTERNATIVE VERSION to ADD a portton of Nimmo Parkway
(formerly Ferrell) from Atwoodtown Road east to Sandbrtdge Road and
the removal of a portton of Sandbridge Road from Atwoodtown Road to
the Ntmmo Parkway rtght-of-way
Vottng
3-8 (MOTION LOST TO ,4 NEG,4 TIVE VOTE)
Counctl Members Vottng Aye
Vtce Mayor Louts R Jones, Mayor Meyera E Oberndorf
and Peter W Schmtdt
Counctl Members Vottng Nay
Harry E Dtezel, Margaret L Eure, Reba S McClanan, Rtchard A
Maddox, Jtm Reeve, Ron A Vtllanueva, Rosemary Wdson and James L
Wood
Counctl Members Absent
None
May 27, 2003
Item V-K. 6. a.
- 39-
PLANNING
ITEM # 51225 (Continued)
Upon motton by Counctlman Reeve, seconded by Counctlman Maddox, Ctty Counctl ADOPTED
Ordtnance to AMEND the Ctty's Comprehensive Plan re the Master Transportation Plan
ALTERNATIVE VERSION to ADD a portton of Nimmo Parkway
(formerly Ferrell) from Atwoodtown Road east to Sandbrtdge Road and
the removal ora portton of Sandbridge Road from Atwoodtown Road to
the Ntmmo Parkway right-of-way
Vottng 8-3
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Reba S McClanan, Rtchard A
Maddox, Jtm Reeve, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Voting Nay
Vtce Mayor Louts R Jones, Mayor Meyera E Oberndorf
and Peter W Schmtdt
Counctl Members Absent
None
May 27, 2003
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Alternative Version
AN ORDINANCE TO AMEND THE
COMPREHENSIVE PLAN PERTAINING TO THE
MASTER TRANSPORTATION PLAN BY THE
ADDITION OF A PORTION OF NIMMO
(FORMERLY FERRELL) PARKWAY FROM
ATWOODTOWN ROAD EAST TO SANDBRIDGE
ROAD AND THE REMOVAL OF A PORTION OF
SANDBRIDGE ROAD FROM ATWOODTOWN ROAD
EAST TO THE NIMMO (FORMERLY FERRELL)
PARKWAY RIGHT-OF-WAY
WHEREAS, the public necessity, convenience, general
welfare and good zoning practice so require;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Comprehensive Plan (the "Plan") of the City of
Virginia Beach be, and hereby is amended and reordained by the
following amendments'
To the Map of the Master Transportation Plan'
1. Add 100BCS (100 feet wide right-of-way, with a
bikeway and controlled-access, scenic roadway)
portion of Nimmo Parkway from Atwoodtown Road east
to Sandbridge Road.
2. Remove 70 UBS (70 feet wide right of way undivided
scenic roadway, with bikeway alignment) from the
plan along Sandbridge Road from Atwoodtown east to
the Nimmo (formerly Ferrell) Parkway right-of-way.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 27th day of May, 2003.
CA-8734
ORDIN\NONCODE\mastertransord.wpd
R-2
May 21, 2003
Item V-K. 6. b.
- 40-
PLANNING
ITEM # 51225 (Continued)
Upon motton by Vtce Mayor Jones, seconded by Counctlman Schmtdt, Ctty Counctl ADOPTED:
Ordtnance to AMEND the Ctty's Comprehenstve Plan re the Master
Transportation plan
Ahgnment for tmprovements to Sandbridge Road from Upton
Drtve to Atwoodtown Road
Vottng 11-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones,
Reba $ McClanan, Rtchard A Maddox, Mayor Meyera E
Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vdlanueva,
Rosemary Wtlson and James L Wood
Counctl Members Voting Nay
None
Counctl Members Absent
None
May 27, 2003
AN ORDINANCE TO AMEND THE
COMPREHENSIVE PLAN PERTAINING
TO THE MASTER TRANSPORTATION
PLAN BY THE ADOPTION OF AN
ALIGNMENT FOR IMPROVEMENTS TO
SANDBRIDGE ROAD FROM UPTON
DRIVE TO ATWOODTOWN ROAD
WHEREAS, the public necessity, convenience, general
welfare and good zoning practice so require;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the Comprehensive Plan (the "Plan") of the City
of Virginia Beach, Virginia be, and hereby is amended and
reordained by the following amendments:
To the Map of the Master Transportation Plan:
1. The alignment of Sandbridge Road from Upton Drive to
Atwoodtown Road shall be as depicted as Hybrid #1 on
the attached map, dated January 7, 2003 and
incorporated herein by reference.
ed by the Council of the City of Virginia Beach, Virginia, on the
day of /~q~w _ ,2003.
CA8801
Bkwilson/word/mtpjonesordinance. doc
R-2
March 6, 2003
- 41 -
Item V-L. 1.
APPOINTMENTS
ITEM # 51226
BY CONSENSUS, Ctty Counctl RESCHEDULED the followtng APPOINTMENTS:
EASTERN VIRGINIA MEDICAL SCHOOL
FRANCIS LAND HOUSE BOARD OF GOVERNORS
OPEN SPA CE COMMITTEE
PARKS AND RECREATION COMMISSION
YOUTH SER VICES CO UNCIL
May 27, 2003
- 42 -
Item V-O.
AD JO URNMENT
ITEM # 5122 7
Mayor Meyera E Oberndorf DECLdRED the City Counctl Meeting ADJOURNED at 9:00 P.M.
Beverly 0 Hooks, CMC
Chtef Deputy Ctty Clerk
~uth H~'dges Smtth, MMC
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
May 27, 2003