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HomeMy WebLinkAboutJUNE 10, 2003 MINUTESCITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large VICE MA YOR LOUIS R JONES, Baystde -Dtstrtct 4 HARRY E DIEZ, EL, Kempsvdle -Dtstrtct 2 MARGARET L EURE, Centervdle -Dtstrtct 1 REBA S McCLANAN, Rose Hall -Dtstrtct 3 RICHARD A MADDOX, Beach -Dtstrtct 6 JIM REEVE, Prmcess Anne -Dtstrtct 7 PETER W SCHM1DT, At-Large RON A VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L WOOD, Lynnhaven -Dtstrtct 5 JAMES K SPORE, Ctty Manager LESLIE L L1LLEE Ctty Attorney RUTH HODGES SMITH, MMC, Ct~y Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 10 June 2003 CITY 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 BRIEFINGS -Conference Room - 3:00 PM A, Bo EXCLUSIVE CONTRACT FOR VENDING OF BEVERAGES for City of Virginia Beach Departments and Agencies Steven T. Thompson, Chief Financial Officer HOMECOMING and WELCOMING CELEBRATION Robert R. Matthlas, Assistant to the City Manager II. REVIEW OF AGENDA ITEMS Ill. CITY COUNCIL COMMENTS IV. INFORMAL SESSION -Conference Room - 4:30 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 Frances Cooper Pastor Courthouse United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS June 3, 2003 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATION lo HERO'S WALK- MEMORIAL DAY 2003 Bobby Melattl, Director, Beach Events Salem High School advanced Placement U.S. History Students I. PUBLIC HEARING 1. REAL AND PERSONAL TAX EXEMPT Requests: ao Heart Havens, Inc. Cerebral Palsy of Virginia, Inc. J. CONSENT AGENDA K. ORDINANCES o , . o , EMERGENCY MEDICAL SERVICES (EMS) annual permit renewal: ao Children's Hospital of the King's Daughters Eastern Shore Ambulance Lifeline Ambulance Service, Inc. Medical Transport Network Medical Systems, Inc. Nightingale Regional Air Ambulance Ordinance to AMEND FY 2003-2004 SCHOOLS' operating budget to revise categorical appropriations; and, APPROPRIATE $2,792,632 in State funds and $158,000 fund balance for s~te acquisition. Ordinance to ACCEPT and APPROPRIATE $137,540 in Federal funds from the State Department of Social Services to the FY 2003-2004 operating budget of Virginia Beach Social Services re the food stamp employment and training program. Ordinances to AUTHORIZE TAX EXEMPTIONS on local real and personal property for charitable purposes: a. HEART HAVENS, INC. CEREBRAL PALSY of VIRGINIA, INC. Ordinance to AUTHORIZE a temporary encroachment into a portion of the right-of-way at Atlantic Ocean and 34th Street by OCEAN BEACH CLUB, LLC re waterfall, landscaping, covered walkways and porte cochere. Lo PLANNING Application of DAYSPRING OUTREACH MINISTRY for a Conditional Use Permit to expand an existing church in a shopping center at 3460, 3462 and 3464 Holland Road, containing 4,000 square feet. ( DISTRICT 3 - ROSE HALL) Recommendation: APPROVAL ° Application of REED ENTERPRISES, INC. for a Conditional Use Permit to ADD an automatic carwash to an automobile service station in conjunction with a convenience store at 985 Chimney Hill Shopping Center, contmnlng 21,755 square feet. (DISTRICT 3 - ROSE HALL) Recommendation: APPROVAL o Application of JOHN SWEENEY for a Conditional Use Permit re firewood processing and storage of wood at 2332 London Bridge Road. (DISTRICT 7- PRINCESS ANNE) Recommendation: DENIAL . Applications re property on the east side of Little Neck Road, north of Poplar Bend (864 Little Neck Road), containing 5.319 acres. (DISTRICT 5 - LYNNHAVEN) ao VOICESTREAM GSM II, L.L.C. for MODIFICATION to ehm~nate Proffers Nos. 1, 2 and 4: and, REVISE Proffer No. 3 re communication tower as a use on the Change of Zoning in the application of Hubert L. and Mona H. Dail from R-3 Restdenttal District to 0-! Office District (approved by City Council on February 9, 1981) bo VOICE STREAM WIRELESS for a Conditional Use Permit re wtreless communtcatton facthty and communtcatton tower Deferred: Recommendation: APRIL 22, 2003 APPROVAL ° Apphcation of GENERAL EDISON, L.L.C. on the north side of Edison Road, east of General Booth Boulevard, containing 10.6 acres: (DISTRICT 7- PRINCESS ANNE) a, Change of Zoning D~stnct Classfficat~on from AG-1 and AG-2 Agrtcultural Dtstrtcts to Condtttonal B-2 Commumty-Bustness Dtstrtct b. Con&tional Use Permit for a mini-warehouse facility Recommendation: APPROVAL , Application of the City of Virgima Beach to AMEND the City Zomng Ordinance (CZO) re building height regulations ~n the Agricultural and certmn Residential zomng D~stricts. Recommendation: APPROVAL M. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) OPEN SPACE COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SHORE DRIVE ADVISORY COMMITTEE TOWING ADVISORY BOARD YOUTH SERVICES COUNCIL N. UNFINISHED BUSINESS O. NEW BUSINESS P. 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 ~.pplicant or Applicant's Representative 10 Minute kttorney or Representative for Opposition 10 Minutes Other Speakers - each 3 Minutes Applicant's Rebuttal 3 Minutes THESE TIMES WILL BE STRICTLY ADHERED TO. If you are physically disabled or visually impaired and need assistance at th~s meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call TDD only 427-4305 (TDD - Telephomc Dewce for the Deaf) 06/05/03 slb-gw wwwvbgov com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 10 June 2003 Vice Mayor Louts R Jones called to order the CITY MANAGER'S BRIEFING re EXCLUSIVE CONTRA CT FOR VENDING OR BEVERAGES tn the Ctty Councd Conference Room, Ctty Hall Buddmg, on Tuesday, June 10, 2003, at 3 O0 P M Councd Members Present Harry E Dtezel, Vtce Mayor Louts R Jones, Reba S McClanan, Jtm Reeve, Peter W Schmtdt, Ron A Villanueva and James L. Wood Counctl Members Absent Mayor Meyera E Oberndorf Margaret L Eure Rtchard A Maddox [ATTENDING U S CONFERENCE OF MAYORS 71sr ANNUAL MEETING, Denver, Colorado] [Entered 3 17 P M] [Entered 3 I O P M ] Rosemary Wdson [Entered 3 05 P M] -2- CITY MANAGER'S BRIEFING EXCLUSIVE CONTRACT FOR VENDING OF BEVERAGES FOR CITY OF VIRGINIA BEACH DEPARTMENTS AND AGENCIES 3:00 P.M. ITEM # 51268 Steven T Thompson, Chtef Ftnanctal Officer, advtsed cittes across the country have explored the private sponsorship issue tn a vartety of ways Sponsorshtp does not mean the Ctty's name or reputatton are for sale, but tnstead recogmzes prtvate contributions for ctty servtces and facthttes Sponsorshtp assumes many forms and can entatl "namtng rtghts" as well as recogmtton for contrtbuttons to City servtces and could also tnclude centrahzed ven&ng contracts and markettng A City Wide Sponsorship Team, Co-Charred by Ron Kuhlman, Tourtsm Markettng and Sales - Convention and Vtsttor Development, and Pete Hangen, Markettng and Informatton Systems - Parks and Recreatton, has been revtewtng thts tssue In addttton to revtewtng addtttonal revenue for Ctty servtces, the Commtttee was also concerned aboutprotecttng revenues now generated by the vendtng machtnes for programs wtthin the departments and to offset expenses to employees wtthtn Ctty servtces Mr Kuhlman advtsed the City Wide Sponsorship Team was created to estabhsh gmdehnes Membershtp conststs of representatives from the Ctty Attorney's office, COMIT (Communtcattons and Informatton Technology), Conventton and Vtsttor Development, Parks and Recreatton, £tbrartes, Management Servtces and Purchastng The purpose ts to revtew and consohdate the over thtrty-stx (36) beverage contracts tnto one contract to leverage the market value Current Reality Multtple vendtng contracts managed independently Untapped markettng assets Under-leveraged sales opportuntttes Thirty-six (36) dtfferent contracts manage more than 189 vending machines on ninety (90) City facilities Approxtmately $8 7, 000 tn commtsstons ts collected annually tn commtsstons The venchng machtnes produce an tncome of approxtmately $3 71,000 annually The Process Researched other cities and orgamzattons San Dtego Ocean City Old Domtmon Untverstty Inventorted current Ctty of Vtrgtnta Beach venchng operattons Developed a Request for Proposal (RFP) to consohdate beverage ven&ng and to leverage markettng potenttal June 10, 2003 -3- C I T Y MA N A G E R 'S BRIEFING EXCLUSIVE CONTRACT FOR VENDING OF BEVERAGES FOR CITY OF VIRGINIA BEACH DEPARTMENTS AND AGENCIES ITEM # 51268 (Continued) Old Domtnton Untverstty (ODU) recently signed a second five-year ven&ng agreement wtth Coca-Cola Coca -Cola has exclustve rtghts to OM Domtnton facihttes From a revenue and markettng standpotnt, thts contract provided a 78% tncrease over thetr prtor five-year prtor contract The Request For Proposal (RFP) components constst of Consohdatton Servtces Agreement and Markettng Partnership Opportuntttes Desired Outcomes Consohdated contract that provtdes better accountabthty from the vendor and better fiscal overstght for the organtzatton Increase revenue on commtssions Create a new revenue stream by leveragtng markettng assets Central potnt for deahng wtth tssues related to maxtmtztng revenue Allocation of Concession Revenues Program costs and expenses Revenue streams for departments using funds for the enhancement of programs wtll be left tntact 'Half of the balance would go to an employee morale and recognttton fund, wtth the Ctty Manager estabhshtng a member commtttee to evaluate and create a process for the dtstrtbutton of revenues through morale and recognttton program Incremental net to be used as &rected and approprtated by Ctty Counctl Allocation of Marketing Revenues 10% of the gross would go to the Employee Morale Fund The rematmng funds would be allocated through the budget process as follows 40% Dtstrtbuted proporttonally to all departments 30% Dtvtded among departments based on value tmpact tnchcated tn the property analysts 30% Placed into the General Fund to be approprtated by the Ctty Council June 10, 2003 -4- C I T Y MA N A G E R 'S BRIEFING EXCLUSIVE CONTRACT FOR VENDING OF BEVERAGES FOR CITY OF VIRGINIA BEA CH DEPARTMENTS AND AGENCIES ITEM # 51268 (Continued) Mr Hangen ctted the example of Parks and Recreatton, whtch creates a spectal event orprogram, and adds cash value to the contract The revenues would be utthzed towards supporttng the new tntttattve Next Steps Pohcy betng developed for plactng Ven&ng Machtnes on Ctty property The Request for Proposal (RFP) wtll be tssued Negottate wtth respondents Stgn contract Mr Hangen advtsed an Annual Report wtll be provided to City Counctl Relattve the Employee Moral Recognition Fund, these entatl acttvtttes that benefit employees t e Relay for Ltfe, chartttes Mr Hangen chstrtbuted a hst of the small bustness vendors that do bustness wtth the Ctty The top three bustnesses who have the majortty of Ctty contracts would be Atlanttc Domtnton, Mtd-Atlanttc Coca-Cola and Pepst Cola Mr Kuhlman referenced tnformatton relative the revenue dertved from these machtnes by the vendors was very difficult to obtatn and over 'half of the small bustnesses would not respond Concern was expressed re the loss of revenue to small bustnesses. Mr Kuhlman shall provtde a copy of the letter from Management Servtces to the vendors Mr Thompson advtsed there were chscusstons as to whether tt ts better to support the small bustness owner by havtng multtple contracts or substantially tncrease the revenue wtth one vendor and pass this benefit to the Ctty as a whole Mr Kuhlman ctted when San Diego consohdated thetr soft drtnk contract, they esttmated over a 12-year pertod of ttme they would ratse between $6 6-MILLION and $23 ~ -MILLION depenchng on sales San Dtego accumulated more than $5-MILLION tn 3 ~ years from lucrattve deals encompasstng contracts wtth Vertzon Wtreless, Chevrolet for Beach Patrol Cars and Pepst as the exclustve vendor for four hundred seventy-five (4 75) soda machtnes The program only cost $145,000 a year to provtde thts revenue stream Portland, Oregon had ntnety-two (92) basketball courts resurfaced by NIKE In exchange, the company was allowed to place tts famous logo on the courts Phtladelphta ts revtewtng a $3-MILLION a year soft drtnk contract These examples were ctted tn USA Today Mr Hangen referenced the servtce agreement would probably be a five-year contract The Ctty Manager advised, at the present ttme, tnchvtdual vendors are maktng contracts wtth tndtvtdual employee groups tn pubhc facthttes t e .fire stattons, Ctty Hall butldtng, ones which the City has no control and ts not aware of the revenues recetved or the best deal ts consummated BY CONSENSUS, thts ttem shall be scheduled for a Pubhc Heartngprtor to approval, and more tnformatton shall be provtded re revenue projecttons and the number of venchng machtnes wtthtn the city June 10, 2003 -5- C I T Y MA N A G E R 'S BRIEFING HOMECOMING AND WELCOMING CELEBRATION 3:55 P.M. ITEM # 51269 Robert Matthtas, Asststant to the Ctty Manager, advtsed, wtth Ctty Counctl's leadershtp tn 1991, the Ctty had a Homecomtngfor the armed servtces returmngfrom Desert Storm Thts year, an even btgger event ts planned Mr Matthtas &splayed a 30-second vtdeo "Welcome Home ", produced tn concert wtth Channel 3 Virginia Beach Highlights of Activities Ctty supports mtlttary parttctpatton tn ongotng events Fort Story Sohder of the Year, Outstanding Vtrgtnta Beach Satlor of the Year, Mthtary Recepttons, State of the Ctty and Beach Bash WTAR News Channel 3 produced a welcome message that began atrtng last week 5 days a week- Monday thru Frtday, Etght 30-second spots per day (5 AM to 8 PM, 40 spots per week for four (4) weeks equahng a total of 160 televtston spots Households Reached 57 %/frequency' 8 6 Ctty's tnvestment' $10,000 Article tn Ctty page cotnctchng wtth WTKR &mdar message fully produced by VBTV will run on Mumctpal cable Vtrgtnta Martne Sctence Museum offered "buy one, get one free "ttcket to vtstt the museum Vtrgtnta Marine Science Museum offered a year-round &scount of 10% off admtsston to all mthtary Vtrgtnta Martne Sctence Museum plans to offer addtttonal dtscount coupons tn mihtary publications Parks and Recreatton offer restdent- rates for recreatton cards The Ctty ts coordtnattng wtth the Hampton Roads Chamber of Commerce on a Regtonal Task Force Ira M Agrtcola, Sentor Vtce Prestdent- Hampton Roads Camber of Commerce, detaded the purpose of the Task Force To promote a highly visible heroes welcome for those returning from Operation Iraqi Freedom to Hampton Roads June 10, 2003 -6- C I T Y MA N A G E R 'S BRIEFING HOMECOMING AND WELCOMING CELEBRATION ITEM # 51269 (Continued) IRAQI FREEDOM TASK FORCE (IFTF) Honorary Chair Senator John Warner Honorary Vice Chairs The Honorable Meyera Oberndorf Mayor - Virginia Beach The Honorable James Holley Mayor - Portsmouth The Honorable Paul Fraim Mayor - Norfolk The Honorable William Ward Mayor- Chesapeake The Honorable Dana Dickens Mayor - Suffolk TASK FORCE SPONSORS Virginian Pilot Cox Communications Hampton Roads Chamber of Commerce U.S.O. of Hampton Roads U.S. Navy League - Hampton Roads Council Virginia Beach Norfolk Portsmouth Suffolk Chesapeake U.S. Navy Public Affairs Alfred Dale Bowen, III, Markettng/Development Director - Vtrgtntan-Ptlot, and Tom Prevette, Vtce Prestdent Government and Regulatory Affairs - Cox Communtcattons, were tn attendance June 10, 2003 -7- C I T Y MA N A G E R 'S BRIEFING HOMECOMING AND WELCOMING CELEBRATION ITEM ii 51269 (Continued) IRAQI FREEDOM TASK FORCE (IFTF) Highlights of Activities Commemorattve logo destgned and made avatlable for mass dtstrtbutton "Welcome Home "posters for the two battle groups destgned and dtstrtbuted Coordinated and sponsored Fly-In Hangar parttes for returntng F-18 and F- 14 squadrons Provtded food, welcome banners, concert ttckets, beverages, goodte bags, champagne and games Requested bustnesses and schools wtth signs to post a "welcome home" message Placed a full page ad tn each Monday's paper entttled "Mthtary Bullettn Board" "Welcome Home" concert on Memortal Day featuring Merle Haggard Productng commemorattve Vtrgtntan Ptlot supplement documenttng enttre lraqt Freedom confitct Atrtng" Welcome Home" commerctals Prtnted and electrontc ads promottng the Merle Haggard concert and Rally for Amertca Captatn Thomas Keeley, Commanding Officer, NAS Oceana, stated he had not seen anything hke thts outpourtng tn all hts years tn the Navy Admtral Archttzel wtshes to personally present the concert ttckets to the Mihtary Counctl Members Maddox and Reeve referenced the meettng on Monday, June 9, 2003, attended by Robert Matthtas, Clear Channel, representattve of Admtral Archttzel, Ira Agrtcola and a representattve from the Vtrgtntan Pilot The Concert wtll be an all day event at the Amphttheatre wtth a ptg roast, a ptcntc, a vartety of local bands durtng the day, the headhner band tn the eventng and fireworks at the culmtnatton of the event Thts couldpotenttally be the first of an annual event All members tn attendance were challenged June 10, 2003 -8- C I T Y MA N A G E R 'S BRIEFING HOMECOMING AND WELCOMING CELEBRATION ITEM # 51269 (Continued) The Homecoming event to honor the Military wtll be scheduled tn early August A "top name" entertatner wtll be htghhghttng the concert The amphttheater seats 20, 000 of whtch 15, 000 ttckets wouM be avatlable free-of-charge to the Mthtary 5,000 tickets wouM be soM at a nomtnal fee, approxtmately $40 00, whtch wouM generate $200,000 and essenttallyfund the event Counctl Members Maddox and Reeve are requesttng $50,000 "seed money"from the Ctty, and the majortty of funds would be retmbursed Counctl Members Maddox and Reeve have commttted to travel to Norfolk and the other cities to approach them for that same level of fundmg Thus, thts event would be regtonal Counctlman Reeve advtsed the requested fundtng wouM be good fatth to the Amphttheater, showtng the Ctty ts sertous about productng an event of this magnttude Thts ttem wtll be chscussed and chrectton provided durtng the Ctty Counctl Sesston of June 24, 2003 Further tnformatton shall be furntshed to Ctty Counctl June 10, 2003 K2 -9- AGENDA RE VIE W SESSION 4:07 P.M. ITEM # 512 70 Or&nance to AMEND FY 2003-2004 SCHOOLS' operattng budget to revise categorical approprtattons, and, APPROPRIATE $2,792,632 tn State funds and $158, O00 fund balance for site acquisition. Councdman Reeve referenced correspondence of Chatrman Dan Edwards -Vtrgtnta Beach School Board concermng transferring $1.2-MILLION from instruction to operations and maintenance. Vtctorta Lewts, Chtef Ftnanctal Officer -Vtrgtnta Beach Schools, advtsed the School Board took the Ctty's approprtatton from the AMENDED FY 2003-2004 Operating Budget ADOPTED on May 13, 2003, and all the ad&ttonal funds for the State Sales Tax and the revenue shartngfunds were placed tn the Instructton Category To provtde the ratse and other acttvtttes the School Board destred requtred a transfer of some funds to the other categortes This would be a ratse for all School employees, not just the teachers The tnstructtonal category tncludes not only classroom accounts, but support postttons as well as the prtnctpals, audtologtsts (all those positrons that provtde &rect support to students) The State tells Schools "what has to go where" All the transfers are for salary dtfferences Thts request ts for only funds to be moved wtthtn the categortes Counctlman Maddox referenced hts tnterest tn revtewtng Categorical Funding for the Vtrgtnta Beach Schools Vtce Mayor Jones advtsed approxtmately ten years ago, lump sum fundtng was provtded to Schools and a catastrophtc sttuatton resulted At the end of the year, Vtrgtnta Beach Schools expertenced a $12- MILLION defictt whtch was assumed by the Ctty 's fundtng Vtce Mayor Jones would not support lump sum funding because of thts prevtous defictt The tssue of lump sum fundtng shall be scheduled durtng the Ctty Councd Retreat ITEM # 512 71 K5 Ordtnance to AUTHORIZE a temporary encroachment tnto a portton of the rtght-of-way at Atlanttc Ocean and 34tn Street by OCEAN BEA CH CLUB, LLC re waterfall landscaptng, covered walkways and porte cochere Councd Lady McClanan expressed concern and beheved an unoffictal pohcy extst~ of not allowing encroachments into the rtght-of-ways The Ctty has expended excesstve funds to matntatn vtstas, access for the pubhc on 34th Street, et cetera The Ctty Manager advtsed a detaded presentatton shall be provtded by the apphcant durtng the Formal Sesston June 10, 2003 -10- AGENDA RE VIE W SESSION ITEM # 512 72 B Y CONSENSUS, thefollowtng shall compose the CONSENT AGENDA: K1 K2 K3 EMERGENCY MEDICAL SERVICES (EMS) annual permtt renewal a Children's Hospital of the King's Daughters b Eastern Shore Ambulance c Lifeline Ambulance Service, Inc d Medical Transport e Network Medical Systems, Inc. f Nightingale Regional Air Ambulance Or&nance to AMEND FY 2003-2004 SCHOOLS' operattng budget to revise categorical approprtattons, and, APPROPRIATE $2,792,632 tn State funds and $158, O00 fund balance for site acquisition Ordtnance to A CCEPTandAPPROPRIA TE $13 7, 540 tn Federal funds from the State Department of Soctal Services to the FY2003-2004 operattng budget of Vtrgtnta Beach Social Services re the food stamp employment and training program June 10, 2003 -11- AGENDA RE VIE W SESSION ITEM # 512 73 L1 Apphcatton of DA YSPRING OUTREACH MINISTRY for a Condtttonal Use Permtt to expand an extsttng church tn a shopptng center at 3460, 3462 and 3464 Holland Road, contatntng 4, 000 square feet (DISTRICT 3 - ROSE HALL) Councd Lady McClanan referenced thts whole shopptng center wdl probably be one very large church Tax revenue ts pard by the property owner (not the church), who leases the factltty to the church ITEM # 512 74 L3 Apphcatton of JOHN SWEENEY for a Conchttonal Use Permtt re firewood processing and storage of wood at 2332 London Bridge Road (DISTRICT 7- PRINCESS ANNE) Councdman Reeve expressed concern He has not heard from the apphcant The verbattm of the Planmng Commtsston Meettng tndtcates deed restrtcttons concerntng the proposed use not betng approprtate on thts stze agrtcultural lot Thts ttem shall be chscussed durtng the Formal Sesston ITEM # 512 75 L6 Apphcation of the Ctty of Vtrgtnta Beach to AMEND the Ctty Zomng Ordinance (CZO) re building height regulations tn the Agrtcultural and certatn Restdenttal zontng Dtstrtcts Counctl Lady McClanan cltd not have a problem extendtng the hetght regulattons tn the Agrtcultural/Transttton area, however, had concern wtth the restdenttal portton The Ctty Attorney has advtsed one portton of thts Ordtnance could be approved and the other portton deferred There are speakers regtstered Thts item wtll be chscussed durtng Formal Sesston Councd Lady Wtlson expressed concern and advtsed she has been tnvolved tn thts process stnce last January The Ctvtc League Prestdent of Bay Colony was tnformed of every stngle meettng and dtd not chose to come, however, a representattve of thts area did attend and never offered comments Robert Scott, Dtrector of Planning, advtsed thts amendment was brought forwarded by the Development industry In certatn areas of the Ctty, such as the Transttton Area, restdents are encouraged to butld $400,000 or htgher value homes whtch requtre a larger footprtnt Thus, steeperpttched roofs are necessary and would be approprtate tn certatn areas of the Ctty. Thts type of houstng would fit tn a new subdtvtston on large lots (approxtmately 15, 000 square feet or more) Certatn constderattons are warranted along the waterfront areas tn the northern portton of the Ctty wtth large lots and slopes leadtng to the water Thts type of house could be butlt on lots zoned R-30 and R-40 tf they could comply wtth a greater side yard setback June 10, 2003 - 12- ,4 GENDA RE VIE W SESSION ITEM # 512 76 BY CONSENSUS, the followtng shall compose the PLANNING BY CONSENT AGENDA: L1 Apphcatton of DA YSPRING OUTREACH MINISTRY for a Conchttonal Use Permtt to expand an extsttng church tn a shopptng center at 3460, 3462 and 3464 Holland Road, contaming 4, 000 square feet (DISTRICT 3 - ROSE HALL) L2 Apphcatton of REED ENTERPRISES, INC. for a Conchttonal Use Permtt to ADD an automatic carwash to an automobtle servtce statton tn conjunctton wtth a conventence store at 985 Chtmney Hill Shopping Center, contatntng 21,755 square feet (DISTRICT 3 - ROSE HALL) L5 Apphcatton of GENERAL EDISON, L.L.C. on the north stde of E&son Road, east of General Booth Boulevard, contatntng 10 6 acres (DISTRICT 7- PRINCESS ANNE) Change of Zoning Distrtct Classtficatton from AG-1 and AG-2 Agrtcultural Dtstrtcts to Conchttonal B-2 Communtty-Bustness Dtstrtct b Conchttonal Use Permttfor a mini-warehousefacthty June 10, 2003 - 13- COUNCIL COMMENTS 4:30 P.M. ITEM # 512 77 Counctlman Reeve referenced the fatality on Sandbridge Road, June 9, 2003, 7:30 P.M. Counctlman Reeve expressed hts condolences to the famtly of the deceased young boy The boy was fishtng wtth hts famtly, caught a fish, was exctted, ran across the road to show hts famtly members and was struck by an oncomtng car The vehtcle was drtven by a 20-year oM male, a Beach restdent Netther speed, alcohol nor drugs was a factor No charges werepressed Thts area on Hells Point Creek has beenfishedfor decades Counctlman Reeve was concerned relative the transportatton network When the unfortunate acctdent occurred, Counctlman Reeve was coming home from the Heron's Rtdge Ctvtc League meettng He heard the ambulances and the Nightingale Helicopter The traffic was at a standsttll for approxtmately 1-1/2 hours There was no traffic entertng or leavtng Sandbrtdge or the enttre Corrtdor Deputy Poltce Chtef James Cevera, advtsed the traffic was stopped, to move the young boy to the campground for the Ntghttngale to land and for the Poltce to perform an tnvesttgatton re the acctdent Counctlman Reeve concurred wtth thts scenarto Ctttzens contacted Councilman Reeve concerntng the gates of Dam Neck not being open The Navy was contacted and advtsed the sttuatton dtd not warrant opentng the gates Counctlman Reeve understands the gates were open more as a courtesy or good gesture, not a standtng operattngprocedure The Ctty Manager has contacted the Navy relattve a Memorandum of Understandmg to allow usage Counctlman Reeve dtd not belteve a Ctty of our stze and wealth should have to depend on a military tnstallatton as an emergency secondary access route Councdman Dtezel advtsed he shared concerns and suggested the Pohce and Ftre Chtefs brtef Ctty Counctl relattve the traffic control and the type of tmprovements which can be made tn thts parttcular area ITEM # 512 78 Counctl Lady Eure advtsed as the Referendum faded re the Transportatton tssues, she has heard the Metropolitan Planning Organization wtll dectde re the projects prtortttzed for the transportatton system She has heard the Third Tunnel wtll not be butlt for more than 10 or 15 years, whtch could be to the detrtment of otherprojects as Southeastern Parkway, the Twtn Tunnel, Route 460 Counctl Lady Eure wtshed the Ctty Counctl to revtew the opttons Robert Matthtas, Assistant to the Ctty Manager, advtsed the Metropolttan Planntng Organtzatton, whtch ts responstble for productng a long range transportatton plan wtll be vottng next Wednesday, June 18, 2003, on the 2026 Plan, whtch ts an update to the 2023 Plan, and tncluded the six (6) projects tn the Referendum Vtce Mayor Jones ts Chatrman of the Metropolttan Planning Organtzatton and of the Executtve Commtttee of the Hampton Roads Planntng Dtstrtct Commtsston The Mayor wtll not be vottng as Vice Mayor Jones ts the destgnated member The MPO ts bastcally comprised of the Executtve Commtttee of the Hampton Roads Planntng Dtstrtct Commtsston The MPO has a deadltne to make a dectston by July Ftrst The MPO must adopt a fiscally constratned air quality conforming plan The MPO must advise a list of projects whtch wtll be doable over the next twenty-three years and those projects must meet the atr qualtty conformance plan There were four (4) funchng scenartos whtch have been reduced to two (2) The base funding scenarto assumes $3-BILLION wtll be recetved over the next twenty-three (23) years for urban projects and there wtll be $2-BILLIONof new fundtng (prtmartlyfederal funds, national highway system and tnterstate funds) June 10, 2003 - 14- COUNCIL COMMENTS ITEM # 51278 (Continued) Under the base fundtng scenario, the MPO ts revtewtng a combtnatton of tolls and the new federal resources, butldtng the Southeastern Parkway/Route 460 and tmprovements to 1-64 tn Chesapeake, posstbly Domtnton Boulevard and tmprovements to Route 60, 1-64 on the Pemnsula and the new Mtdtown Tunnel The Southeastern Parkway would be 'half supported by tolls (possibly $2 O0 or $3 00) and the other 'half supported by these new funds The other scenarto would entatl all the projects Thtrd Crosstng, Southeastern Parkway, Route 460, 1-64 improvements on the Pemnsula and southstde, Route 460 tmprovements and Mtdtown Tunnel (combtnatton of $2-BILLION tn new money, tolls on Thtrd Crosstng, Southeastern Parkway and Route 460 and a regional gas tax - approved by the General ,4ssembly, (between 8¢ and 11¢) One of the problems ts the Federal Highway Admtntstratton, unttl very recently, has said a plan cannot be gtven that ts fiscally constratned tf tt tncludes regtonal gas tax or tolls planned for extsttng Interstate facthttes The Federal Htghway Admtmstratton (FHWA) ts backtng away The Vtrgtnta Department of Transportatton (VDOT) has stated tf the FHWA wtll not approve the plan because of the regtonal gas tax, then they wtll not conduct the air quahty conformtty analysts There ts a deadhne of January 2004, by whtch the plan has to be fully adopted by FHWA and the atr quahty conformtty must be conducted James K Spore, Ctty Manager, ts Chatrman of the Chtef Admtntstrattve Officers group and they are meettng agatn Wednesday, June 18, 2003, to revtew and fine tune theplan that wtll bepresented to the MPO meettng commenctng at 10 30,4 M Newport News, Portsmouth and Norfolk wtsh to revtstt the Thtrd Crossing issue Hampton does not There was a certatn amount of support from the Pentnsulajurtsdtcttons Chesapeake was more tnterested tn 1-64, Route 460 and Domtnton Boulevard tmprovements It would entatl approxtmately $4 4-MILLION to build a new Third Crosstng The Ctty ts also tnterested tn maktng sure tmprovements to 1-264 tn Vtrgtnta Beach are made and the 1-264/64 tnterchanges, tncudtng the ramp gotng westbound tnto Vtrgtnta Beach Vtce Mayor Jones advised under etther scenarto, none of the projects wtll be destgned and butlt wtthtn a 3- year pertod Therefore, the tssue wtll have to be revtstted again ITEM # 512 79 Counctl Lady Eure wtshed Mount Trashmore H be renamed i.e. City View Overlook or City View Vista, or a stmtlar name The term Mount Trashmore Il should be eliminated as the name ts not a good economtc tool June 10, 2003 - 15- CITY COUNCIL LIAISON REPORTS ITEM # 51280 Counctl Lady Eure and Councdman Maddox, Ltatsons to the Convention Center, attended a meettng concermng the latest status There are ttems whtch require a dectston on the avatlabthty of funds Council Lady Eure and Counctlman Maddox wtshed these tssues be tncluded on the Agenda for the City Council Retreat ITEM # 51281 Counctl Members McClanan and Wdson, Ltatsons to the Boards and Commissions Review Committee, met on June 6, 2003, to revtew the Boards and Commtsstons' apphcatton form and appointments to the Development Authortty Coptes of the apphcatton form wtll be forwarded to Members of Ctty Counctl Dtscusston wtll be scheduled for the Ctty Counctl Sesston of June 24, 2003 June 10, 2003 -16- ITEM ii 51282 Vtce Mayor Louts R Jones called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, City Hall Butldtng, on Tuesday, June 10, 2003, at 4 48 PM Counctl Members Present Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Absent Mayor Meyera E Oberndorf June 10, 2003 -17- ITEM it 51283 Vtce Mayor Jones entertatned a motton to permtt Ctty Councd to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtma, as amended, for the followmg purpose PERSONNEL MA TTERS Dtscussion, constderatton or tntervtews of prospecttve can&dates for employment, asstgnment, appotntment, promotton, 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 Arts and Humantttes Commtsston Beaches and Waterways Commtsston Hampton Roads Economtc Development Alhance Hampton Roads Planmng Dtstrtct Commtsston Open Space Commtttee Parks and Recreation Commtsston Pubhc Ltbrary Board Shore Drtve Advtsory Commtttee Towtng Advisory Board Youth Servtces Coordtnattng Councd PUBLICL Y-HELD PROPERTY Dtscusston or constderatton of the acqmsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where chscusston tn an open meetmg would adversely affect the bargatmng posttton or negotiating strategy of the pubhc body pursuant to Section 2 2-3711(A)(3) Acqutsttton/Dtsposttton of Property - Baystde Dtstrict - Lynnhaven Dtstrtct -Prtncess Anne Dtstrtct Upon motton by Councdman Wood, seconded by Councdman Schmtdt Ctty Counctl voted to proceed tnto CLOSED SESSION. Vottng 10-0 Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent Mayor Meyera E Oberndorf (5:05 P.M. - 6:00 P.M.) June 10, 2003 - 18- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL June 10, 2003 6:00 P.M. Vtce Mayor Louts R Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Councd Chamber, Ctty Hall Bud&ng, on Tuesday, June 10, 2003, at 6 O0 P M Councd Members Present Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, R~chardA Maddox, Jtm Reeve, Peter W SchmMt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Absent Mayor Meyera E Oberndorf [ATTENDING U S CONFERENCE OF MA YORS 71sr ANNUAL MEETING, Denver, Colorado] INVOCATION Reverend Frances Cooper Pastor Courthouse Umted Metho&st Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA June 10, 2003 Item V-E. - 19- CER TIFICA TION OF CLOSED SESSION ITEM # 51284 Upon motton by Counctlman Maddox, seconded by Counctlman Schmtdt, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meeting requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton convemng the Closed Sesston were heard, dtscussed or constdered by' Vtrgtnta Beach City Counctl Vottng 10-0 Counctl Members Vottng Aye Harry E Diezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, 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 June 10, 2003 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 51283, page 16, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2 2-3 711 (A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach Clty Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by V~rglnia law were discussed in Closed Session to which this certification resolution applies, and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, d~scussed or considered by V~rg~ma Beach City Council. 1;~th Hodges S~mlth, MMC City Clerk June 10, 2003 - 20 - Item V-F. 1. MINUTES ITEM # 51285 Upon motton by Counctl Lady Wdson, seconded by Councdman Reeve, Ctty Counctl APPROVED the Mtnutes of the INFORMAL and FORMAL SESSIONS of June 3, 2003. Vottng 10-0 Counctl Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf June 10, 2003 - 21 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 51286 BY CONSENSUS, Cay Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION .June 10, 2003 Item V-H. 1. - 22 - MA YOR 's PRESENTATION ITEM ii 5128 7 Bobby Melattt, Dtrector- Beach Events, advtsed Beach Events ts charged wtth provtchngfirst class famtly entertatnment tn the Resort Area The ttmes we hve tn requtre Beach Events to fulfill not only the entertatnment needs of our vtsttors, but the search for a meantngful message The Memortal Day Weekend event was changed from "Remember the Music" to "Remember the Heroes". Wtth tens of thousands young men and women returmngfrom deployment tn the Mtddle East, Greg Moore representtng Barker, Campbell, Farley and Mansfield, the adverttstng agency for the Ctty, suggested a great concept to honor veterans of all wars A Hero's Walk was created along the Boardwalk The Prtnctpal of Salem Htgh School and the Soctal Studies Department Chatr- Salem High School, were pettttoned to enhst the support of the teachers and students at Salem Htgh School The Advanced Placement U S Htstory students, under the gmdance of their teacher, wrote the enttre script for the sixteen (I 6) 4 x 8 banners The students selected the toptcs for each begtnntng wtth the Ctvtl War and enchng the sertes wtth Operation Iraqi Freedom The banners arrived on Frtday, by courter servtce and were mstalled tn ttme for the Memortal Day weekend The students and staff of Salem Htgh School stood to be recogmzed by the Ctty Councd Vtce Mayor Jones extended apprectatton to the unselfish dechcatton of the Salem Htgh School students June 10, 2003 - 24 - Item V-I.l.b. PUBLIC HEARING ITEM # 51289 Vtce Mayor Jones DECLARED A PUBLIC HE~4RING: RE~IL AND PERSONAL TAX EXEMPT request: Cerebral Palsy of Virginia, Inc. The followtng regtstered to speak. Kathy Pendergast, Executtve Dtrector- Cerebral Palsy of Vtrgtnta There being no further speakers, Vtce Mayor Jones CLOSED THE PUBLIC HEARING June 10, 2003 PERMIT APPLICATION REVIEW SUMMARY copies copies OrganlzaUon Comments Children's Hospital of the King's Daughters (Roger Vaughan, Manager) 601 Children's Lane Norfolk, VA 23507 Recommend Approval Recommend Denial Orgamzanon Comments Eastern Shore Ambulance (Dennis Taylor, President) 8426 Sugarhdl Lane Sanford, VA 23426 Recommend Approval Recommend Denial Orgamzanon Comments Lifeline Ambulance Service, Inc. (James C. Jones, Jr., President) 310 Bell Road Chnsnansburg, VA 24073 Recommend Approval Recommend Denial Organization Comments Medical Transport (Donald Jellig, President) 5792 Arrowhead Drive, Suite 200 Virginia Beach, VA 23462 Recommend Approval Recommend Demal Organ~zanon Network Medical Systems, Inc. (Norman Pool, President) 1533 Technology Drive Chesapeake, VA 23320 Recommend Approval Recommend Denial Comments PERMIT APPLICATION REVIEW SUMMARY Organizanon Comments Nightingale Regional Air Ambulance (David Bernd, President) 600 Gresham Drive Norfolk, VA 23507 Recommend Approval Recommend Denial EMS Regulation &:,Enforcement Division Chief ~E3IS '~: ' Medical D,rector Cl~ef'of EMS -- - Comments Approval Denial FINAL DISPOSITION City Clerk CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Children's Hospital of the K~ng's Daughters VIRGINIA OFFICE OF EMS AGENCY NUMBER: 315 EXPIRES: VIRGINIA BEACH AGENCY CLASSIFICATION: ALS Ground Transport (Inter-facility Emergency and Non-emergency) ADDRESS: 601 Chddren's Lane Norfolk, VA 23507 PHONE: 668-7453 MANAGER: Roger Vaughan NUMBER OF PERMITTED VEHICLES BY TYPE: COMMENTS: Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Governing Emergency Medical Services 1990 as amended? ~ES [] NO Namc~itle Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Eastern Shore Ambulance VIRGINIA OFFICE OF EMS AGENCY NUMBER: EXPIRES: VIRGINIA BEACH AGENCY CLASSIFICATION: ADDRESS: P O Box 6 8426 Sugarhdl Lane Sanford, VA 23426 PHONE: 787-824-5858 PRESIDENT: Dennis Taylor VICE PRESIDENT: Margaret A Taylor ALS Ground Transport (Non-Emergency-Unrestricted and Emergency-Restricted) NUMBER OF PERMITTED VEHICLES BY TYPE: COMMENTS: Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Governing Emergency Medical Services 1990 as amended? ~A~ES [] NO ' Name/Title Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Lifehne Ambulance Service, Inc. VIRGINIA OFFICE OF EMS AGENCY NUMBER: EXPIRES: VIRGINIA BEACIt AGENCY CLASSIFICATION: ALS Ground Transport (Non-Emergency-Unrestricted and Emergency-Restricted) ADDRESS: PHONE: 310 Bell Road Christiansburg, VA 24073 540-382-1044 PRESIDENT: James C. Jones, Jr. VICE PRESIDENT: C~.p ~)e¢?._C r~ NUMBER OF PERMITTED VEHICLES BY TYPE: COMMENTS: Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Governing Emergency Medical Services 1990 as amended? ~ES [] NO Name/Title Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Medical Transport VIRGINIA OFFICE OF EMS AGENCY NUMBER: 308 EXPIRES: VIRGINIA BEACH AGENCY CLASSIFICATION: ADDRESS: 5792 Arrowhead Drive, State 200 V~rg~ma Beach, VA 23462 PHONE: 671-9302 ALS Ground Transport (Non-emergency-Unrestricted) and Emergency-Restricted) PRESIDENT: MANAGER: Donald Jelhg Russell Blow NUMBER OF PERMITTED VEHICLES BY TYPE: COMMENTS: Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Co~onwealth of Virginia Governing Emergency Medical Services 1990 as amended? YES [] NO Name/Title Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES PRIVATE AMBULANCE AGENCY PERMIT APPLICATION In accordance with he provision of the Code of the City of Virginia Beach Chapter 10, Section 10 5-2, application is hereby made to operate an emergency medical agency or vehicle in the City of Virginia Beach REOUEST: -- New Applicatton Renewal Other (Revision of agency, location, change of officer, etc ) TYPE OF AGENCY: Sole Proprietor ~ Corporation Partnership Other- Specify [~1 Mumc~pal MINIMUM REQUIREMENTS: Does your agency comply w~th mimmum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virg.~ma Govermng Emergency Medical Services 1990 as amended? Yes [~ No OFFICERS OF ORGANIZATION: (List all owners Use back if necessary) Address / City , ~ State d ~ Zip ~ -fl ~Phone SSN President Address City State Zip SSN DOB ~{/J/)~) Phone Vice-President Address /D2 o SSN State O/riO Z~p DOB ? 3J&)Phone 75 ? 5 q 709'0 ~ Secretary Address City State Zip SSN DOB Phone Phone SSN DOB CLASSIFICATION OF SERVICES CURRENTLY AUTHORIZED BY CITY COUNCIL: Emergency First Responder (Class A) El Basic Life Support (Class B) Advanced Life Support (Class C) Neonatal Transport (Class D) El Medical Wheelchair Transport (Class E) Rotary Wing (Class E) Other (New Application) (Class F) CLASSIFICATION OF SERVICES PROVIDED: Emergency First Responder 13 Basic Life Support IZl Neonatal Transport (ALS) El Medical Wheelchair Transport Advanced Life Support Other- Specify El Rotary W~ng (ALS) CLASSIFICATION OF PERSONNEL: Number of currently certified personnel employed First Responder Emergency Medical Technician - Ambulance Emergency Medical Techmcian - Shock Trauma ~,, [21 Emergency Me&cai Technician - Cardiac [21 Emergency Medical Techmcian - Paramedic [21 Other - Specify ~ ~ ~ /%-. AGENCY'S STATISTIC SHEET: Number of calls previous 12 months Date --" TIDEWATER REGION (TEMS & PEMS) 19 '"- to VIRGINIA BEACH Basic Life Support Basic L~fe Support Advanced Life Support Advanced Life Support Total Number of Calls Originating from Sentara Bayside Hospital Total Number of Calls Originating from Virginia Beach General Hospital Originating from outside the City of Virginia Beach Total Number of Calls I hereby swear or affirm under penalty of perrmt revocation, that all of the above statements are true to the best of my knowledge, reformation and beliefs It ~s understood that my agency, upon approval of this permit, shall upon request, present and/or relinquish records, files, calls sheet(s) and/or dispatchmg data Furthermore, I agree to adhere to all policies promulgated by the city of Virginia Beach Department of Emergency Medmal Services Signed by Subscribed and sworn to before me this My Commission Expires f)~::~ ~-~// Ztg~'V Title day of/7]~, t,9 2 c~O~5'' CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: N~ght~ngale Regional A~r Ambulance VIRGINIA OFFICE OF EMS AGENCY NUMBER: 509 EXPIRES: VIRGINIA BEACH AGENCY CLASSIFICATION: A~r Ambulance (Emergenc y- Res tncted) ADDRESS: 600 Gresham Drive Norfolk, VA 23507 PHONE: 668-2500 PRESIDENT: David Bernd MANAGER: Kathy Colantuono NUMBER OF PERMITTED VEHICLES BY TYPE: COMMENTS: Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Governing Emergency Medical Services 1990 as amended? YES [] NO Name/Title ! O.~-~t~a't~ar~e~ Date t/ ' Item I?-K. 2. -27- ORDINANCES/RES OL UTIONS ITEM # 51292 Upon motton by Counctlman Maddox, seconded by Counctlman Reeve, Ctty Counctl ADOPTED: Ordtnance to AMEND FY2003-2004 SCHOOLS' operattng budget to revise categorical approprtattons, and, APPROPRIATE $2, 792, 632 tn State funds and $158, O00 fund balance for stte acqutsttton Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Councd Members Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf June 10, 2003 AN ORDINANCE AMENDING THE CITY'S FY 2003-04 OPERATING BUDGET TO REVISE CATEGORICAL APPROPRIATIONS FOR THE SCHOOL OPERATING FUND AND TO APPROPRIATE $2,792,632 IN STATE FUNDS AND $158,000 FROM FUND BALANCE OF THE SCHOOL SITE ACQUISITION FUND FOR EXPENDITURE BY THE SCHOOL BOARD 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, the School Board has requested that the City's Operating Budget, approved on May 13, 2003 by City Council, be amended to revise appropriations in the categories established in the School Operating Fund, and it has further requested the appropriation of $2,792,632 in state funds and $158,000 of fund balance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That appropriations to the School Operating Fund in the following categories are hereby revised in the FY 2003-04 Operating Budget as follows: (a) appropriations to the Instruction category are decreased by $1,271,449; (b) appropriations to the Administration, Attendance and Health category are increased by $266,405; (c) appropriations to the Pupil Transportation category are decreased by $137,585; and (d) appropriations to the Operations and Maintenance category are increased by $1,142,629. 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 2. $2,792,632 in additional revenue is hereby appropriated to the School Grants Fund in the FY 2003-04 Operating Budget. 3. $158,000 of fund balance from the School Site Acquisition Special Revenue Fund is hereby appropriated to the School Site Acquisition Special Revenue Fund in the FY 2003-04 Operating Budget. 4. That, in the FY 2003-04 Operating budget, estimated revenue from the state government is hereby increased by $2,792,632 and estimated revenue from the fund balance of the School Site Acquisition Special Revenue Fund is hereby increased by $158,000. Requires an affirmative vote by a majority of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of Jun~ CA-8898 Ordin/Noncode/Schools FY 2004.ord.wpd R3 June 3, 2003 Approved as to Content: ~a~t~e~v~ 2003. Approved as to Legal Sufficiency: City Attor~'s d~ice IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE SCHOOL BOARD Dental D Edwards Olslnct 1 - Centervllle 1513 Beachwew Drive VA Beach, VA 23464 495-3551 (h) · 717-0259 (cell) Nell L Rose V~ce Charman At-large 1337 Ha'ns Road VA Beach, VA 23452 463-3823 (h) · 497-6633 (w) Jane $. Brookl D~tr~t 6- Beach 721 Hdll~p Road VA Beach, VA 23454 425-1597 (h) Emma L 'Em" Devil D~sl~t 5 - Lynnhavee 1125 M~c, hastwood Dnve VA Beach, VA 23452 340-8911 (h) A. James "Jim" DeBellls 13~tr~ct 2 - Kempsv,tle 4545 ~ Jones D~ve VA Beech, VA 23462 467-2457 (h) Dan R. Lowe D~slnc! 4 - 8ays,:le 4617 ~ Coat ~ VA Beach, VA 23455 490-3681 (h} Sandra Snuth-Jonu At-Large 705 I~ck Creek Court VA Beach, VA 23462 490 8167 (h) M~ch#l W Stewart D~st.cl 3 - Rose Hail 105 Brenlv~3d Court VA Beach, VA 23452 498-4303 (h) · 445.4637 (w) Arthur T. Tab At-Large 1709 Ladysn~lh Mews VA Beach, VA 23455 460-5451 (h) Carolyn D Weeme At-La'ge 1420 Claudm 0~ve VA Reach, VA ~ 464-6674 (~ I. ols $ ~aam/. Ph D D~$tnc! 7 - Pnncess Anne 2532 Las Conale$ Court VA Beach, VA, 23456 ~33-0~1 (w) SUPERINTENDENT Timmhy R. ~nney, Ph D 2512 George Mas~ Drwe VA Beach, VA 23455 4274326 BUDGET RESOLUTION WHEREAS, the mission of the Vtrgtnia Beach City Pubhc Schools, in parmership with our entire community, is to ensure that each student ts empowered with the knowledge and skills necessary to meet the challenges of the furore; and WHEREAS, the School Board has adopted a comprehensive strategic plan and school improvement priorities to guide budgetary decisions; and WHEREAS, mandates of federal and state governments have created addtt~onal demands; and WHEREAS, the School Board has studied the recommended School Operating Budget in view of state and federal reqmrements, additional demands for space and operatmns, the strategic plan, priontms, expectations, competittve compensatmn for employees and the best educational interests of zts students, and WHEREAS, the School Board Proposed Operating Budget has been reconciled to meet the Revenue Sharing Formula as adopted by City Council on May 13, 2003. Now, therefore, be it RESOLVED: That the Virginia Beach C~ty School Board, on the 20th day of May 2003, requests a categorical appropriation of$ 534,343,721 from the Cay Council of Virginia Beach for the 2003-2004 School Operating Budget, as outlined by category: Instruction Admimstration, Attendance and Health Pupil Transportation Operations and Mmntenance and be it further $422,554,544 $19,165,766 $23,385,371 $69,238,O40 RESOLVED: That the Virginia Beach City School Board requests an appropriatton of $88,364,525 for special grants, and other special revenue funds, for the 2003-2004 fiscal year; and be it further RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board ts directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Adopted by the School Board this 20th day of May 213 SEAL Attest: Dianne P. Alexander, Clerk of the Board Daniel D. Edwards, Chairlnant School Adrmmstrat~on Budding · 2512 George Mason Drive · E O. Box 6038 · Virg, n,a Beach, VA 23456-0038 FY 2003/04 School Board Operating Budget Expenditure Summary May 20, 2003 Percent Umt FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 of Code DESCRIPTION Actual Actual Actual ,Budget Budget Total 50100 Elementary Classroom $102,828,925 $101,8'91,04~' ' ' $100,122,856 $104,553,378 $106,81M,789 20 01~ 50200 Semor Hsgh Classroom 58,041,657 58,014,53 2 60,639,795 61,341,392 67,780,952 12 68% 50300 Techmcai and CareerEd Classroom 14,131,257 14,385,734 14,715,896 15,651,938 16,939,941 3 17~, 50400 Gdted Education & Magnet Schools 8,830,150 8,974,829 8,678,404 9,627,828 9,931,484 i 86~, 150500 Special Education 47,763,865 49,728,452 51,566,323 53,995,612 57,671,097 10 80% ~50600 Summer School 1,415,669 2,362,586 2,597,780 3,524,676 3,293,099 0 62Y 50700 General Adult Eclucataon 1,512,063 1,550,408 1,612,385 1,917,770 1,848,585 0 35~ ~50800 Open Campus 646,388 896,708 1,109,787 1,686,064 !,779,647 0 33% 50900 Student Acuwt~es 2,513,686 2,772,96z8 3,329,159 4,797,603 5, i 70,298 0 97% 51000 Principal - Elementary School 13,944,057 15,598,26z8 15,918,243 16,212,970 17,011,516 3 18'/, 51100 Principal - Sensor I-hgh School 6,921,480 7,646,619 7,944,750 8,208,231 8,614,879 I 61% !51200 Principal - Techmcai & Career Educatton 523,147 518,029 402,294 400,099 427,513 0 08*/, 51300 Gmdance Servmes 12,071,194 12,477,823 12,532,728 13,059,880 13,726,609 2 57% 51400 Social Work Services 1,546, I 15 1,606,072 ! ,733,937 1,801,577 !,905,920 0 36% 5 ! 500 Med~a & Commumcat~ons 949,613 979,870 999,036 l,104,954 1,288,765 0 24% 51600 Instructional Technology 5,777,744 6,284,367 7,045,080 7,467,346 7,763,377 I 45% 51700 Instmctmnal Support 6,537,270 7,606,028 7,982,393 10,405,485 10,597,071 ! 98~ 51710 Instructional Orgam?aUenal Development 0 472,790 554,702 2,078,7 ! 7 1,853,008 0 35% 51800 Special Education Support 1,237,049 1,296,233 !,328,260 1,386,484 1,444,212 0 27% 11900 G~fled Educalaon & Magnet Schools Support 535,436 670,058 911,354 1,273,196 1,410,341 0 26% 52000 Medm Serwce Support 10,573,581 10,191,093 10,001,109 10,420,011 10,972,713 2 05% 52100 Accountability 1,098,557 1,083,804 1,336,427 !,708,948 2,001,840 0 37~ 52200 Msddle School Classroom 47,41 !,082 47,066,084 48,704,806 48,712,540 52,215,988 9 77% 52300 Remedial Educahon 1,743,079 !,688,899 2,975,091 3,802,910 3,986,351 0 75% 52400 Principal - lvl~ddle School 6,848,064 7,326,392 7,084,729 7,058,404 7,517,686 I 4 ! % 52500 Homebound Set,rices 601,984 613,356 633,716 867,287 858,332 0 16% 52600 Techmcal and Career Education Support 662,884 677,828 667,864 718,261 737,117 0 14% 52700 Student Leadership 632,940 672,919 693,781 702,595 729,521 0 14% 52800 Psychoiolocal Services 2,102,672 2,252,719 2,543,886 2,475,197 2,633,991' 0 49% 52900 Aucholog~cal Services 181,827 194,153 206,753 210,373 224,125! 0 04% 53100 School Adrmmstra~on 782,894 914,040 958,144 1,045,026 1,096,854' 0 21% 53200 Alternative Education 1~970~329 2~216~883. . lt940~289 2~200,954 2,236,923! 0 42% INSTRUCTION 362,336,654 370,631~584 ~79~471,758 400~417,706 422,554,5441 79.09% 54100 Board, Legal and Governmental Scr~nces 577,561 784,053 663,244 1,101,330 1,065,661i 0 20% 54200 Supcrmtendent 398,703 464,1 IO 522,485 634,446 720,097i 0 13% 54300 Budget and Finance 1,813,047 2,125,971 2,130,251 2,524,391 2,717,588 0 51% 54400 Human Resources 2,431,268 2,314,155 2,698,697 3,284,846 3,457,0Y~ 0 65% 54500 Internal Aucht 229,144 243,841 256,585 263,360 274,857i 0 05% 54600 Purchasmg Services 620,586 698,769 691,048 725,995 774,798 0 14% 54700 Orgarazatlonal Development 934,155 1,436,918 1,485,659 2,060,667 2,293,257 0 43% 54900 Technology 3,654,695 1,027,782 922,602 1,282,997 i,! 48,19~ 0 21% 55000 Benefits 1,260,193 i,325,029 1,639,904 1,628,921 1,826,080! 0 34% 55200 Health Services 3~492,388 4,029,376 4~257~878 4~505~464 4,888~192! 0 91% ADMINISTRATION, ATTEND & HEALTH 18,411,740 .14,450~004 15~268,354 18,012.~417 19,165~7.661 3 57% 56100 Management 904,312 1,051,703 1,155,619 1,448,131 1,524,5581 0 29% 56200 Veincle Operataon 15,145,136 14,897,335 15,820,077 17,213,790 17,538,02(] 3 28% 56300 Velucle Maintenance !,867,461 !,938,835 2,021,945 2,074,540 2,153,16(~ 0 40% 56400 Momtormg Services !,743,638 1 ~928,579 ! ~854,682 2t043~027 2~ 169~633 0 41% PUPIL TRANSPORTATION 19,660,547 19,816,452 20,852,324 22,779,488 23.,385~371, 4 38% 57100 Factlmes Planning and Conslructmn 588,078 527,844 537,906 547,797 597,149! 0 11% 57200 School Plant 26,124,407 27,755,081 29,122,412 30,917,730 32 201 351~ 6 04% 57300 Supply Servaces 778,207 879,226 868,022 1,020,737 1,076,547' 0 20% 57400 Grounds Serwces 2,445,941 3,035,636 3,063,532 2,971,625 2,971,625~ 0 56% 57500 Custodaal Scrwccs 16,088,372 16,700,035 18,030,013 18,872,564 19,474,407: 3 64% 57600 Env~roumental Services 291,634 287,60 ! 373,886 - 0 00% 58100 Security Services 1,378,491 2,836,063 3,619,022 3,569,995 4,087,396 0 76% 58200 Veincle Services 1,389,678 876,306 440,903 835,431 581,371 0 11% 58300 Telecommumcatlons 669,314 l,152,234 !,071,948 1,614,784 1,353,768 0 25% 58400 Technology Maintenance [ 0 3,707,437 4,871,779 6,043,135 6,894,426 I 29% OPERATIONS AND MAINTENANCEI . 49,754,1.22 57,757~463 61,999,423 66,393,798 69,238,040 12 96% ._ TOTAL EXPENDITURES $447,163,063 $462,655,~03 $477,591,858 $507,603,,409 $534,343,721 100 00% FY 2003/04 School Board Operating Budget Revenue Summary May 20, 2003 Percent FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 of REVENUE ACCOUNTS Actual Actual Actual Budget Budget Total Adult Bas~c Education $201,306 $252,331 308,298 $134,408 $134,408 0 03% Public Law 874 (Operation) 10,728,187 9,746,799 12,789,700 12,461,723 12,461,723 2 33% Department of Defense (P L. 486) 2,325,430 - !,859,245 1,500,000 1,500,000 0 28% Rebates and Refunds (NJROTC) I 19,708 129,663 143,679 100,000 100,000 0 02% Other Federal Funds 326,419 330,454 315,870 175,000 175,000 0 03% FEDERAL REVENUE 13,701,050 10,459,247 15,416,792 14,371,131 14,371,131 2.69% Basic School Aid 134,778,814 144,954,006 143,582,574 158,046,389 163,267,032 30 55% State Sales Tax 49,490,165 51,889,329 52,074,158 54,039,394 53,697,320 10 05%. :~alary :~upplement 8,353,259 2,393,903 3,979,916 - 1,975,960 0 00 Foster Home Children 242,709 ! 44,530 207,738 145,345 145,345 0 03%, General Adult Education 59,211 62,447 62,249 122,846 122,846 0 02%~ Gifted and Talented (SOQ) 1,690,541 1,758,786 1,747,280 1,750,555 1,763,857 0 33%I Special Education (SOQ) 10,383,840 12,563,162 ! 2,521,730 13,583,249 13,726,728 2 57%~ Special Education (Homebound) 168,860 133,840 123,452 139,790 148,770 0 03%I Special Education (Regional Tint,on 3,785,016 4,283,942 4,868,286 4,430,167 4,782,741 0 90%1 Remedial Summer School 940,844 962,109 1,206,981 1,228,823 1,244,177 0 23~ Remedial Education (SOQ) 2,006,539 2,336,168 2,201,085 2,549,923 2,567,589 0 4 Vocational Education (SOQ) 1,504,904 1,724,356 1,711,955 1,814,369 1,826,938 0 34~ Vocational Education-Categorical 236,952 303,866 144,026 335,757 190,988 0 04% Social Security 7,954,787 8,502,703 8,449,011 8,206,135 8,281,014 I 55°A Vlrglma Retirement System 9,387,618 8,396,405 4,169,611 4,684,789 4,802,007 0 90% State Employee Insurance - 355,161 275,339 - - - Other State Funds 2,388,164 2,926,613 2,971,886 1,047,247 113,082 0 02% English as a Second Language 203,439 199,396 - 233,414 249,947 0 05% At-Risk Initiative 1,265,248 1,393,656 1,377,599 1,087,468 1,299,234 0 24% Class S~ze Initiative 3,925,426 3, i 15,873 2,932,845 2,783,558 2,809,061 0 53% Maintenance Reserves 745,827 732,828 728,033 - - SOL Teaching Materials 994,436 488,552 485,356 - - - STATE REVENUE 240,506,599 249,621,631 245,821,110 256,229,218 263,014,636 49.23% Local Contributions 191,157,513 208,189,338 206,096,679 234,769,396 254,754,290 47 68% Rental of Fac~ht~es 593,645 458,189 476,631 480,000 450,000 0 08% Summer School Tuition 551,573 624,034 596,994 637,689 637,689 0 12% General Adult Ed Tuition 201,577 155,140 204,542 142,839 142,839 0 03% Vocational Adult Ed Tmtion 125,877 267,947 134,085 169,750 169,750 0 03% Non-Resident Tuition 88,681 64,237 72,152 100,000 100,000 0 02% Driver Education Tuition 245,966 230,750 173,750 240,000 240,000 0 04% LPN Tuition 27,617 24,990 17,320 25,575 25,575 0 00% Open Campus Tmtlon 21,860 17,694 23,866 20,811 20,811 0 00% Sale of School Vehicles 51,222 35,665 12,647 5,000 5,000 0 00% Sale of Salvage Eqmpment 13,051 ! 2,570 8,181 2,000 2,000 0 00% Insurance Adjustments 63,118 37,787 104,476 - Other Funds 112,838 11,459 l I 1,070 95,000 95,000 0 02% Flexible Benefits Forfeitures 36,671 - - 15,000 15,000 0 00%1 Indirect Costs of Grants 220,274 329,665 411,934 300,000 300,000 0 06%1 LOCAL REVENUE 193,511,483 210,459,465 208,444,327 237,003,060 256,957,954 48.08%' TOTAL REVENUE $447,719,132 $470,540,343 469,682,229 $507,603,409 $534,343,721 100.00% ~ .. Item V-K.3. - 28- ORDINANCES/RES OL UTIONS ITEM # 51293 Upon motton by Counctlman Maddox, seconded by Counctlman Reeve, Ctty Counctl ADOPTED: Ordtnance to ACCEPT and APPROPRIATE $13 7, 540 tn Federal funds from the State Department of Soctal Servtces to the FY2003-2004 operattng budget of Vtrgtnta Beach Social Services re the food stamp employment and training program Vottng 10-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf June 10, 2003 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT AND APPROPRIATE $137,540 IN FEDERAL FUNDS FROM THE STATE DEPARTMENT OF SOCIAL SERVICES TO THE FY 2003-04 OPERATING BUDGET OF THE DEPARTMENT OF SOCIAL SERVICES FOR THE OPERATION OF THE FOOD STAMP EMPLOYMENT AND TRAINING PROGRAM. 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, Virginia- 13 1. That $137,540 of federal funds is hereby accepted and 14 appropriated from the State Department of Social 15 Services to the FY 2003-04 Operating Budget of the 16 Department of Social Services to administer the Food 17 Stamp Employment and Training Program, with federal 18 revenue increased accordingly. 19 2. That three full-time equivalent positions are hereby 2O established in the FY 2003-04 Operating Budget of the 21 Department of Social Services. 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia on the 10th day of June , 2003. 24 25 CA-8888 26 Word/Noncode/Food Stamp.ord 27 RI 28 May 29, 2003 29 30 Approved as to Content 31 32 33 34 35 36 Approved as to Legal Sufficiency Law Department 5--2_3--03, 3 · DATE. May 1, 2003 TO Directors ofFSET Agencies , 757 437 ¢ 2/ 3 lql¥ 3 0?003 cifi ~rrOR~g:f FROM Duke Storen, Director, Division of Benefit Programs SUBJECT: FSET Program The Department has made a decision on which agencies will continue to operate FSET. We based our decision on feedback provided at and subsequent to the FSET meeting on April 24 and discussion with USDA. Seventeen (17) local agencies opted to not operate FSET for fiscal year 2004. Twenty- four (24) agenmes wanted to continue. The Department will be able to fund these 24 agencies at the allocation they received for fiscal year 2003. These agencies represent a m~xture of s~ze and geographic coverage and include the nine largest agencies In the State. The agencies that wall continue to operate FSET effective June 1, 2003 are as follows' Alexandria Arlington Bristol Brunswick Chesapeake Danville Fairfax Hampton Henry/Martinswlle Kang and Queen Newport News Norfolk Pittsylvania Portsmouth Prince Wdham Richmond City Roanoke City Roanoke County Rockbridge Area Smyth Surry Tazewell Virginia Beach Wythe The agencies that will no longer operate FSET are' Accomack Pulask~ Campbell Radford Charlottesville Russ ell Chesterfield Scott Halifax S taunton/Augusta Hennco Suffolk Lynchburg Washington Montgomery Waynesboro Petersburg For the agencies who will continue to operate FSET, there w~ll be no changes to current FSET policy However, the FSET Statistical Report wall be revised to delete the section 5-23--03, 3 25PI'4,VB SOCIAL SF_FRVIrSF_S , 7b / 4 37 :~466 ~ 3/ 3 regarding offered and filled slots for Able Bodied Adults Without Dependents (ABAWDs) and to add some clarifying information to the ~nstmctlons for completion of the report. For the local agencies who opted out of FSET, "close-out" procedures will be sent to you on Monday or Tuesday. Generally, these agencies will only be responsible for determining the work registration and work requirement statuses of individuals applying for Food Stamps and accurately entenng this ~nformatlon ~nto ADAPT However, we strongly encourage local agenmes to continue to work with their ABAWDs, primarily those in non-waived agenmes, by providing information on how these ~nd~viduals can meet their work requirement through employment and volunteering. We appreciate all the feedback we received from local agencies in a relatively short period of time We believe we will be able to operate a viable FSET Program If you have any questions, please contact me at (804) 692-1702 or sds900@emaill .dss state.va.us or Pat Keamey at (804) 692-1712 or pdd2~emml l.dss state va us Regional Directors Regional Food Stamp Program Consultants Pat Keamey Joyce Davis Sandy Smith - 29- Item V-K. 4. a/b ORDINANCES/RES OL UTIONS ITEM # 51294 Upon motton by Counctlman Maddox, seconded by Counctlman Reeve, Ctty Counctl ADOPTED: Ordinances to AUTHORIZE TAXEXEMPTIONS on local real and personal property for charitable purposes a HEART HA VENS, INC b CEREBRAL PALSY of VIRGINIA, INC Vottng 10-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Voting Nay None Councd Members Absent Mayor Meyera E Oberndorf June 10, 2003 AN ORDINANCE TO DESIGNATE HEART HAVENS, INC., 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 WHEREAS, in accordance with ~ 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local property taxes to Heart Havens, Inc. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Heart Havens, Inc., as a charitable organization within the context of ~ 6(a) (6) of Article X of the Constitution of Virginia. 2. That personal property owned by Heart Havens, Inc., located within the City of Virginia Beach, and its real property located at 1609 MacLeigh Court, that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property by Heart Havens, Inc., for exclusively charitable purposes; (b) that each July 1, Heart Havens, Inc., shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its 27 28 29 30 31 32 33 34 35 36 continuing tax exempt status to the Conumlssloner of the Revenue; and (c) that every three years, beginning on July 1, 2006, Heart Havens, Inc., shall file with the Commissioner of the Revenue an applzcat~on for continuation of the exemptzon. 4. That the effectzve date of this exemption shall be January 1, 2003. Adopted by the Council of the City of Virginia Beach, V~rginza, on the 10th day of June , 2003. CA-8891 ORDINkNONCODE\Heart Havens.ord.wpd R-2 June 2, 2003 APPROVED AS TO LEGAL SUFFICIENCY' AN ORDINANCE TO DESIGNATE CEREBRAL PALSY OF VIRGINIA 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 WHEREAS, in accordance with ~ 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local property taxes to Cerebral Palsy of Virginia. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Cerebral Palsy of Virginia as a charitable organization within the context of ~ 6(a) (6) of Article X of the Constitution of Virginia. 2. That personal property owned by Cerebral Palsy of Virginia located within the City of Virginia Beach, and its real property located at 5825 Arrowhead Drive, that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property by Cerebral Palsy of Virginia for exclusively charitable purposes; (b) that each July 1, Cerebral Palsy of Virginia shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its 27 28 29 3O 31 32 33 34 35 36 contznulng tax exempt status to the Commissioner of the Revenue; and (c) that every three years, beginning on July 1, 2006, Cerebral Palsy of Virginia shall file wzth the Commissioner of the Revenue an application for continuation of the exemption. 4. That the effectzve date of th~s exemptzon shall be January 1, 2003. Adopted by the Council of the C~ty of Virginia Beach, Virginia, on the 10th day of June , 2003. CA-8890 ORDIN\NONCODEkcerebralpalsytaxexord.wpd R-5 June 2, 2003 APPROVED AS TO LEGAL SUFFICIENCY- epartme~ '~ '~L~ ~ - 30- Item V-K.$. ORDINANCES/RES OL UTIONS ITEM # 51295 Attorney R J Nutter, 222 Central Park Avenue, Phone 687-7502, represented the apphcant, Ocean Beach Club Thts apphcatton represents a stzeable tnvestment and commttment as the properttes are planned to be renovated on whtch the porte cochere wtll be connected Thts entads a waterfall, landscaptng and covered walkways Mr Nutter advtsed the landscaptng around the waterfall feature tn the greenbelt area wdl comply wtth the Ctty's greenbelt landscaptng pohcy (now tn the process of developmenO Mr Nutter concurred wtth the insurance coverage betng ratsed to $1 5-MILLION Bruce Thompson, Prestdent BQTS, Inc , Managtng Member - Ocean Beach Club, 932 Lasktn Road Phone 491-3000, advtsed coordtnattng wtth staff and worktng tndependently to acqutre a stgntficant portton of property located at 33-~ Street all the way through 35th Street, as well as almost an enttre ctty block across the street from these properttes to support the Ocean Beach Club project These properttes have been acqutred over a pertod of five (5) years and destgned for a mtxed-use development, whtch wall tnvolve approxtmately a MOO-MILLION tnvestment upon completton Development wdl be tn four (4) phases Two more phases wdl be brought to Ctty Councd tn the future pedestrtan brtdge connecttng the hotel to the Conference Center and rezomng of the west stde of Atlanttc Avenue for retad and conference space Upon motion by Councdman Maddox, seconded by Councdman Vdlanueva, Cay Councd ADOPTED: Ordtnance to AUTHORIZE a temporary encroachment tnto a portton of the rtght-of-way at Atlanttc Ocean and 34'h Street by OCEAN BEACH CLUB, LLC re waterfall landscaptng, covered walkways and porte cochere The followtng condtttons shall be requtred The temporary encroachment shall be constructed and matntatned tn accordance with the laws of the Commonwealth of Vtrgtnta and the City of Vtrgtma Beach and tn accordance with the Ctty's spectficattons and approval The temporary encroachment shall termtnate upon nottce by the Ctty to the apphcant and, wtthtn one hundred etghty (180) days after such nottce ts gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wdl bear all costs and expenses of such removal Provtded however, nothtng heretn shall prohtbtt the Ctty from tmmedtately removtng or ordertng the grantee to remove, all or any part of the encroachment tn the event of an emergency or pubhc necessity The apphcant shall tndemntfy and hold harmless the Ctty, tts agents and employees from and against all clatms, damages, losses and expenses, tncludtng 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 .June 10, 2003 - 31 - Item V-K.$. ORDINANCES/RESOLUTIONS ITEM # 51295 (Continued) The apphcant agrees to submtt and have approved a traffic control plan before commenctng work tn the encroachment area The apphcant must obtatn a permtt from the Office of Development Servtces Center/Planntng Department prtor to commenctng any constructton wtthtn the encroachment area Prtor to tssuance of a right-of-way permtt, the apphcant must post surettes tn accordance with the project engtneer's cost esttmate, to the Office of Development Servtces Center/Planntng Department The apphcant shah obtatn and keep tn force all rtsk property tnsurance and general habthty or such tnsurance as ts deemed necessary by the Ctty, and all tnsurance polictes must name the Ctty as addtttonal named tnsured or loss payee, as apphcable The apphcant must also carry comprehensive general habdtty tnsurance tn an amount not less than One and One-half Mtlhon Dollars ($1 5 MtHton), combtned stngle hmtts of such tnsurance pohcy or pohctes. The apphcant must provtde endorsements provtdtng at least thtrty (30) days'wrttten nottce to the Ctty prtor to the cancellatton or termtnatton of, or matertal change to, any of the msurance pohctes. The apphcant assumes all responstbihttes and habthttes, vested or conttngent, wtth relatton to the temporary encroachment The Ctty, upon revocatton of such authority and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the apphcant and collect the cost tn any manner provtded by law for the collectton of local or state taxes, may requtre the apphcant to remove such temporary encroachment, and, pendtng such removal, the Ctty may charge the apphcant for the use of suchportton of the City's rtght-of-way encroached upon the eqmvalent of what would be the real property tax upon the land so occupied t. f tt were owned by the apphcant, and tf such removal shall not be made wtthtn the ttme spectfied by the City, the Ctty shall tmpose a penalty tn the sum of One Hundred Dollars ($100 00) per day for each and every day that such temporary encroachment is allowed to conttnue thereafter, and, shall collect such compensatton and penalttes tn any manner provided by law for the collectton of local or state taxes The apphcant verbally agreed to landscaptng as chscussed June 10, 2003 June 10, 2003 - 32 - Item V-K. 5. ORDINANCES/RESOLUTIONS ITEM # 51295 (Continued) Vottng 9-1 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay Reba S McClanan Counctl Members Absent Mayor Meyera E Oberndorf June 10, 2003 2 4 5 6 7 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Requested by Department of Publzc Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY AT ATLANTIC AVENUE AND 34TM STREET BY OCEAN BEACH CLUB, LLC, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Ocean Beach Club, L.L.C., desKres to maKnta~n a waterfall, landscapzng, covered walkways, and porte cochere Knto the City's rzght-of-way located at Atlantic Avenue and 34th Street. WHEREAS, CKty CouncK1 Ks authormzed pursuant to §§ 15.2- 2009 and 15.2-2107, Code of Vmrgmnia, 1950, as amended, to authormze a temporary encroachments upon the Cmty's right-of-way subject to such terms and condmtKons as CouncK1 may prescrKbe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authorKty and to the extent thereof contained mn §§ 15.2-2009 and 15.2-2107, Code of VKrgmnma, 1950, as amended Ocean Beach Club, L.L.C. its heKrs, assigns and successors Kn title Ks authormzed to mamntaKn a temporary encroachment for a waterfall, landscapmng, covered walkways and porte cochere in the Cmty's right-of-way as shown on the map entmtled- "OCEAN BEACH CLUB FOR GOLD KEY RESORTS", a copy of whzch zs attached hereto as Exhzbmt "A" and a copy of whmch ms on fzle Kn the Department of Publmc Works and to whmch reference ms made for a more partKcular descrKptKon; and 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly sub3ect to those terms, conditions and criteria contained in the Agreement between the City of Vmrgmn~a Beach and Ocean Beach Club, L.L.C., (the "Agreement") which ~s attached hereto and ~ncorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or h~s authormzed deszgnee zs hereby authorzzed to execute the Agreement. BE IT FURTHER ORDAINED, that th~s Ordznance shall not be · n effect untml such tzme as Bruce L. Thompson, Managmng Member of Ocean Beach Club, L.L.C., Robert M. Howard, Assistant Secretary / Vmce Presmdent of Beach Motel Corporation of Vmrgln~a Beach, and the C~ty Manager or h~s authorized designee execute the Agreement. Adopted by the Council of the C~ty of V~rg~n~a Beach, Virginia, on the 10 day of June , 2003. 40 41 42 43 CA-# gsalmons/ocean beach club/ord. R-1 PREPARED: 06.03.03 AS TO CONTENTS DEPARTMENT APPROVED AS TO LEC4%L PROPOSED OCEAN BEACH CLUB PHASE I 33RD" ATLANTIC LOCATION MAP _~-~- SHOWING ,~--- ENCROACHMENT REQUESTED OCEAN BEACH CLUB, LLC INTOCITY RIGHT-OF-WAY 34th STREET, AVENUE, AND OCEAN SCALE: 1" = 200' BY AVENUE BEACH CLUB 34 DGN M JS PREPARED BY P/W ENG CADD DEPT MAY 9,2003 - 33 - Item V-L. PLANNING ITEM # 51296 1. DA YSPRING 0 UTREA CH MINISTRY CONDITIONAL USE PERMIT 2. REED ENTERPRISES, INC. CONDITIONAL USE PERMIT 3. JOHN SWEENEY CONDITIONAL USE PERMIT 4. VOICESTREAM GSM II, L.L.C. VOICE STREAM WIRELESS MODIFICATION OF PROFFERS Nos. 1, 2, 4 and REVISE Proffer No. 3 Dail CZO (Approve& 2/9/81) CONDITIONAL USE PERMIT 5. GENERAL EDISON, L.L. C. CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 6. CITY OF VIRGINIA BEACH AMEND CZO re building height regulations in Agricultural and certain Residential Zoning Districts June 10, 2003 Item V-L. - 34- PLANNING ITEM # 51297 Upon motton by Councdman Maddox, seconded by Counctlman Reeve, Ctty Counctl APPROVED IN ONE MOTION Items I, 2 and 5 of the PLANNING BY CONSENT AGENDA. Voting 10-0 (By Consent) Counctl Members Votmg Aye Harry E D~ezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba $ McClanan, R~chard A Maddox, Jim Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Voting Nay None Council Members Absent Mayor Meyera E Oberndorf June 10, 2003 Item V-L. 1. - 35- PLANNING ITEM ii 51298 Upon morton by Counctlman Maddox, seconded by Counctlman Reeve, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of DA YSPRING OUTREACH MINISTRYfor a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF DAYSPRING OUTREACH MINISTRY FOR A CONDITIONAL USE PERMIT FOR A CHURCH R06033I 102 BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of daysprtng outreach mtmstry for a Condtttonal Use Permtt for a church on property located at 3460, 3462 and 3464 Holland Road (GPIN 1486737186) DISTRICT 3 - ROSE HALL The following conchttons shall be requtred 1 The umt shall be used for Bible study and fellowshtp only durtng the eventngs on Tuesday and Thursday nights from 7. OOp. m to 10 OOp m and for Sunday mornmg servtces between 9 30 a m and 12 30p m 2 The apphcant shah obtatn all the necessary permtts, tnspecttons, and approvals from the Ftre Department and the Permtts and Inspecttons Dtvtston of the Planntng Department before occupancy of the butldtng A Certtficate of Occupancy for the use shall be obtamed from the Permtts and Inspections Division of the Planning Department 3 The use shall be admtntstrattvely revtewed on an annual basts Thts Ordtnance shah be effecttve tn accordance wtth Sectton 107 (j) of the Zomng Ordtnance Adopted by the Councd of the Ctty of Vtrgtnta Beach, Vtrgtma, on the Tenth of June, Two Thousand Three Votmg 10-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Jim 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 June 10, 2003 Item V-L.Z - 36- PLANNING ITEM # 51299 Upon motton by Counctlman Maddox, seconded by Counctlman Reeve, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of REED ENTERPRISES, INC for a Conchttonal Use Permtt ORDINANCE UPON APPLICA TION OF REED ENTERPRISES, INC FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SER VICE STATION R060331103 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Reed Enterprises, Inc for a Conchttonal Use Permtt for an automobtle servtce statton tn conjunctton wtth a car wash and conventence store on property located at 985 Chtmney Htll Shopping Center (GPIN 1486449760) DISTRICT 3 - ROSE HALL The followtng conchttons shall be requtred The extsttng two entrances on Holland Road must be removed and replaced wtth a stngle entrance and a right turn lane The entrance and turn lane configuration and dimenstons must conform to Pubhc Works Spec~cattons and Standards The stte shall be developed tn substanttal conformance wtth the submitted site plan titled "Layout and Landscape Plan of Gas Sales and Convemence Store Addttton ", dated February 26, 2003, andprepared by Land Destgn and Development Satdplan has been exhtbtted to Ctty Council and ts on file tn the Ctty of Vtrgtnta Beach Planntng Department In order to construct the car wash tn the locatton shown, the apphcant shall seek a vartance to setback requtrements If the vartance ts not granted, thts Condtttonal Use Permtt shall be amended to show the car wash butldtng tn a suttable locatton that meets all required setbacks The butldtngs shall be constructed tn substanttal conformance wtth the elevatton tttled "Reed Enterprtses Conventence Store ~ Holland Road and Chtmney Htll Parkway (Sheets A-1 and A-2) " and dated 3/13/03 Satd elevatton has been exhtbtted to Ctty Counctl and ts on file tn the Ctty of Vtrgtnta Beach Planntng Department The new canopy shall be constructed tn substanttal conformance wtth the elevation, titled "Reed Enterprtses Convenience Store ~ Holland Road and Chtmney Htll Parkway Gas Canopy (Sheet A-3)" dated 3/13/03 June 10, 2003 Item V-L.2. -37- PLANNING ITEM # 51299 (Continued) Stgnage for the stte shall be hmtted to a Traffic control signs, b Strtptng on the canopy shall be hmtted to ten (lO)feet on each stde of the canopy or one-quarter of the length of each stde &gnage on the canopy shall not be tnternally or externally tllumtnated c No stgnage in excess of a total offour (4) square feet of the enttre glass area of the extertor wall shall be permttted There shall be no other stgns, neon stgns or neon accents installed on any wall area of the extertor of the butldtng, wtndows and/or doors, canopy, hght poles, or any other portton of the stte No outdoor vending machtnes and/or &splay of merchandtse shall be allowed An on-sttepedestrtan walkway at least five (5)feet tn wtdth shall be provtded from the stdewalk on Chtmney Htll Parkway to the convemence store Btcycle racks shall be provtded near the entrance of the store Thts Or&nance shah be effecttve tn accordance wtth Sectton 107 O0 of the Zomng Or&nance Adopted by the Councd of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Tenth of June, Two Thousand Three Voting 10-0 (By Consen0 Council Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Richard A Maddox, Jim Reeve, Peter W Schmtdt, Ron A Villanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf June 10, 2003 Item V-L. 3. - 38- PLANNING ITEM # 51300 Upon motton by Counctlman Reeve, seconded by Councdman Wood, Ctty Councd DENIED an Or&nance upon apphcatton of JOHN SWEENEY for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF JOHN SWEENEY FOR A CONDITIONAL USE PERMIT FOR FIREWOOD PREPARATION Ordinance upon Apphcat~on of John Sweeneyfor a Con&t~onal Use Permit_for firewood preparatwn on property located at 2332 London BrMge Road (GPIN 2405824128) DISTRICT 7 - PRINCESS ANNE Vottng 10-0 Counctl Members Vottng Aye Harry E. D~ezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf June 10, 2003 Item V-£.4. - 39- PLANNING ITEM # 51301 Th followtng regtstered tn SUPPORT: Attorney Steve Romtne, 3052 Lynndale Road, Phone 441-8921, represented the apphcant accompanted by Ttm Ftnchan, Director of Engtneertng and Operattons T-Mobtle, and dtstrtbuted a package oftnformatton contatntng stte plan, hst of the stgntficant commumty meettngs (over 25 tn the last 18 months), and tnformatton relattve hghtmng strtktng the cellular towers) Btll Gambrell, Planntng Consultant, 205 23rd Street, Phone 422-0732 Rebecca Wood, 3 778 Prtnce Andrew Don Redmond, 331 Fer&nand Ctrcle, Phone 497-6705 John Ptscttelh, 3208 Htghborough Lane, Phone 463-2619 Tom Redmond, 908 Ktngslandtng Ctrcle, Phone 486-2184 Wtlham Barley, 4841 Rosecrofi, Phone 495-0637 Dr Rtck Klobuchar, 758 Suffolk Lane, Phone 463-4885 Marvtn Crtsp, 3643 Sea Breeze Ctrcle, Phone 463-4959 Davtd Throckmorton, 3120 Btshopsgate Court, Phone 340-0259 Dale Ftnoccht, 100 Westgate Parkway, (804) 936-4640, represented Sun Corn Gtna Rose, 1337 Harrts Road, Phone 463-3823 Jeff Black 93 7 Upper Hasttngs Way, Phone 486-4460 Kevtn B Rack, 917 Beatley Heath Common, Phone 463-1302 Btll Stewart, 832 Btshopsgate Lane, Phone 486-1027 Peggy Wttte, 1264 Hebden Cover, Phone, 340-3404 Jan Alexander, 1269 Southfield Place Dr Charles Alexander, 1269 Southfield Place George Ftscher, 1261 Hebden Cover, Phone 340-3717 Lockett Garnett, 3505 Ktngs Lake Drtve, Phone 463-2408 Charles I Boggs, 742 Suffolk Lane, Phone 463-1211 Btll Gtll, 1008 Downshtre Chase, Phone 631-6185 Dave Cooper, 3209 Ntne Elms, Phone 581-3996 E Thompson Wttte, 1264 tlebden Cove, Phone 340-3404 W Kevtn Stewart, 725 Ktngston Drtve, Phone 340-8030 Scott DuBuke, 528 Woodglen Drtve, Phone. 410-1820 Nanette L Albano, 12 76 Southfield Place, Phone 463- 7498 Page Bishop, 3908 Regal Court, Phone 340-0493 John Andrews, 909 Prtnce Phtlhp Drtve, Phone 463-6278 Dan Mayo, 3701 Ftlmore Road, Phone 431-0877 Davtd Tsaloff, 1257 Tweedbroom Road, Phone 340-9791 Vtckkt Camp, 708 Dowmng Lane Brtan J Mtller, 816 Prtnce Charles Court, Phone 463-4292 Dtane Osborne Yates, 3268 Stapleford Chase, Phone 486-0246 Cathertne Faulkner, 533 7 &r Barton Drtve, Phone 546-3685 June 10, 2003 Item V-L. 4. - 40 - PLANNING ITEM # 51301 (Continued) The followtng regtstered tn OPPOSITION: Attorney Marttn Thomas, Decker, Cardon, Thomas, Wetntraub and Neskts, 813 Beldover Court, Phone 340- 7111, represented the Btshopsgate Ctvtc League and chstrtbuted tnformatton (contatntng photographs of hghtentng strtkmg a cell tower tn Chesapeake) Marcte Schwegler, 1005 Stacywood Court, Phone 340-4580 Al Wallace, 46501 Chtppendale Court, Phone 306-3584 Ben Krause, 1436 Ftve HtH Trail, Phone 490-5614 Kerry Caramams, 3125 Beldover Lane, Phone 486-6782 Susan Handforth, 869 Btshopsgate Lane, Phone 431-8018 Stephen C Young, 788 Btshopsgate Lane, Phone 463-3763 Tom Mtnnts, 861 Btshopsgate Lane, Phone 498- 7717 Jack McNetll, 1018 Staceywood Court, Phone 463-5305 Dr Charles W Pruttt, 3113 Beldover Lane, Phone 363-3265, Emergency Spectahst and Phystctan - Kings Daughter's Hospital John S Walker, 4302 Sugarleaf Court, Phone 270-6911 Charles Krummell, 3100 Audley Way, Phone 486-5459 Blatr Dunlap, 3109 Celbrtdge Court, Phone 431-1937 Dwtght Handforth, 869 Btshopsgate Lane, Phone 431-8018 Steve Fuschettt, 873 Btshopsgate Lane, Phone 498-0705 Ruth Kral, 3104 Btshopsgate Court, Phone 463-7621 Glen Jones, 819 Btshopsgate Lane, Phone 486-3510 Nancy Naylor, 3121 Beldover Lane, Phone 463- 7302 Jtm Jackson, 3109 Beldover Lane, Phone 463-0025 Jtm Naylor, 3121 Beldover Lane, Phone 463-3702 Upon motton by Counctlman Maddox, seconded by Councdman Schmtdt, City Counctl, tn behalf of VOICESTREAM GSM II, L.L.C., MODIFIED, Proffers Nos 1, 2, 4 and REVISED Proffer No 3 re a Change of Zomng tn the apphcatton of Hubert L Dad and Mona H Datl from R-3 Restdenttal Dtstrtct to 0-1 Office Dtstrtct (approved by Ctty Counctl on February 9, 1981) and APPROVED VOICE STREAM WIRELESS for a Condtttonal Use Permtt: Ordtnance upon Apphcatton of VotceStream GSM II, L L C for modtficatton of proffers attached to a rezomng for Hubert L Dad and Mona H Dad approved by City Counctl on February 9, 198I Property ts located on the east stde of Ltttle Neck Road, 130feet more or less north of Poplar Bend (GPIN # 1488-92-4743) Satd parcel ts located at 864 Little Neck Road and contatns 5 319 acres DISTRICT 5 - L YNNHA VEN The followtng conchtton shah be requtred Agreement encompasstng AMENDEDproffers shall be recorded wtth the Ctrcutt Court and ts hereby made a part of the proceedings June 10, 2003 Item V-L. 4. - 41 - PLANNING ITEM # 51301 (Continued) AND, ORDINANCE UPON APPLICATION OF VOICE STREAM WIRELESS FOR A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATION FA CILITY/COMMUNICA TION TO WER R 060331104 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Votce Stream Wtreless for a Con&ttonal Use Permtt for a wtreless communtcatton facthty/communtcatton tower on property located on the east stde of Ltttle Neck Road, 130feet more or less north of Poplar Bend (GPIN it 1488-92-4 743) Satdparcel ts located at 864 Ltttle Neck Road and contatns 5 319 acres DISTRICT5 - LYNNHA VEN The followtng condtttons shall be reqmred The project shall be developed as tndtcated on the submttted stte plan entttled "Votcestream Wtreless@ Ltttle Neck Racquet Club VA 10363-A, "prepared by Lewts Whtte and Assoctates and dated 12/04/02 and Sheet 1 revtstons dated 5/27/03, along wtth the assoctated plans and drawtngs submttted wtth the Condtttonal Use Permtt apphcatton These plans have been exhtbtted to Ctty Counctl and are on file tn the Planmng Department The overall hetght of theproposed towers and antennae shall not exceed one hundred twelve (112) feet The second tower shall not be constructed unless and until there are two carrters estabhshed on the first tower The detatled stte plan submttted to the Development Servtces Center for revtew and approval for the commumcatton tower(s) shall be approved tmttally for only one tower and shall provtde parktng at a ratto of 1 100for the pool and clubhouse plus two (2) spaces per tennts court An amended stte plan for the second tower shall be submttted only tf both antenna spaces on the tntttal tower are betng used The detatled stte plan submttted to the Development Servtces Center for revtew and approval for the communtcatton tower(s) shall contam a certtficatton by a hcensed professtonal land surveyor that a fieM survey has been performed to vertfy that the setback of the tower of 200 feet from all extsttng restdenttal structures has been met June 10, 2003 Item V-L. 4. - 42 - PLANNING ITEM # 51301 (Continued) 10 The extsttng stand of trees located tn the southern portton of the stte and noted on the stte plan as "extsttng trees to rematn" shall not be dtsturbed and shall be preserved as long as one or both of the towers rematn standtng The proposed commumcatton antennae must be mounted "inside hght pole" as deptcted on the submttted plans Unless a watver ts obtatned from the Ctty of Vtrgtnta Beach Department of Commumcattons and Information Technology (COMIT), a radto frequency emtsstons study (RF Study), conducted by a quahfied engtneer hcensed to practtce tn the Commonwealth of Vtrgmta, showtng that the tntended user(s) wtll not tnterfere wtth any City of Vtrgtnta Beach emergency communtcattons facthttes, shall be provtded prtor to stte plan approval for the tower and all subsequent users In the event interference wtth any Ctty emergency commumcattons facdtty arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and ehmtnate the tnterference If the tnterference cannot be ehmtnated wtthtn a reasonable ttme, the user shall tmmechately cease operatton to the extent necessary to stop the tnterference ShouM the antennae cease to be used for a pertod of more than one (1) year, the apphcant shall remove the antennae, thetr supporttng towers and related eqmpment These Ordinances shall be effective tn accordance with Section 107 09 of the Zomng Orchnance Adopted by the Counctl of the Ctty of Virgtnia Beach, Vtrgtnta, on the Tenth of June, Two Thousand Three June 10, 2003 - 43 - Item V-L. 4. PLANNING ITEM # 51301 (Continued) Vottng 8-I Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A Maddox, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva and Rosemary Wtlson Council Members Vottng Nay Reba S McClanan Counctl Members Abstatntng James L Wood Counctl Members Absent Mayor Meyera E Oberndorf Councilman WoodABSTAINED as he ts currently an active member of Little Neck Swtm and Racquet Club, Inc, and served as Vtce Prestdent from 2000 to 2002 and the Board of Dtrectors from ]999 to 2002 Counctlman Wood, tn hts capactty as a Board Member, negottated the lease between Votcestream and Ltttle Neck Swtm and Racquet Club, Inc Councdman Wood's letter of June 1 O, 2003, ts hereby made a part of the record City of Virginia Beach JAMES L WOOD COUNCILMAN - DISTRICT 5 - LYNNHAVEN PHONE (757) 340-8411 FAX (757) 340-2082 June 10, 2003 Mrs. Ruth Hodges Smith, MMC City Clerk, City of Virginia Beach 2401 Courthouse Drive Virginia Beach, Virginia 23456 RE' Abstention Dear Mrs. Smith: Allow me to make the following statement for the record related to items L-4 (a & b), 864 Little Neck Road, on the Planning portion of the agenda: 1. I am a member of Little Neck Swim & Racquet Club, Inc. 2. From 1999 to 2002 I served on the Board of Directors of Little Neck Swim & Racquet Club, Inc. and from 2000 to 2002 I served as Vice President of Little Neck Swim & Racquet Club, Inc. 3. In my capacity as a board member, I negotiated the lease between Voicestream and Little Neck Swim & Racquet Club, Inc. In order to avoid the appearance of impropriety, I will abstain from voting on this issue. m/Wood ej/nber, Virginia Beach City Council rhnhaven District 3778 PRINCE ANDREW LANE, VIRGINIA BEACH, VA 23452 NO. P S IEt City of Virginia Reach IAITER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5646 DATE: April 10, 2003 TO: FROM: Leslie L. Lilley B. Kay Wilsofi~~ DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application Little Neck Swim and Racquet Club, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 22, 2003. I have reviewed the subject proffer agreement, dated December 12, 2002, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure Prepared by. Stephen R Romine, Esquire LeClmr Ryan 999 Waterside Drive, Suite 515 Norfolk, VA 23510 AMENDMENT TO,, CONDITIONS THIS AGREEMENT, made this 12th day of December, 2002, by and between LITTLE NECK SWIM AND RACQUET CLUB, INC., a nondiscriminatory community membership organization, Property Owner, GRANTOR; and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE, party of the second part. WITNESSETH: WHEREAS, Property Owner is the owner of a certain parcel of property located in the Lynnhaven Borough of the City of Virginia Beach, containing approximately 5.319 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference, such property hereinafter referred to as the "Property"; and WHEREAS, GRANTOR has initiated modifications to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to GRANTEE so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, GRANTOR has requested GRANTEE to permit this modification of the previously proffered Covenants and Conditions dated February 9, 1981, recorded in Deed Book 2090, at Page 728, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, (the "Clerk's Office"), to reflect the amendments applicable to the land use plan on the Property; and WHEREAS, GRANTEE's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN 1488-924743 WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and WHEREAS, GRANTOR has voluntarily proffered, in writing, in advance of and prior to the public hearing before GRANTEE, as part of the proposed modifications to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modifications and the need for which is generated by the proposed modifications. NOW, THEREFORE, GRANTOR, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants nmning with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through GRANTOR, its successor, personal representatives, assigns, grantees, and other successors in interest or title; 1. "PROFFER 1" is deleted. 2. "PROFFER 2" is deleted. 3. "PROFFER 3" is amended to read: The Property shall not be used for any use allowed in the 0-2 Office District (formerly designated as 0-1 Office District prior to ordinance change by Grantee) except that the Property may be used and developed for (i) use as a private club for civic, social, cultural, recreational and like activities operated for the benefit of its members and not open to the general public pursuant to that certain Conditional Use Permit granted pursuant to application number 3833, but expressly subject to the conditions and restrictions stated therein and herein, and (ii) the installation and utilization of poles with telecommunications antennas, related equipment and devices and support structures and facilities. The Private Club may include a gymnasium, structures and related facilities for tennis, racquet ball, swimming, and similar recreational activities. 4. "PROFFER 4" is deleted. 5. All of the terms, covenants and conditions set forth in "Covenants and Conditions" dated February 9, 1981, and recorded in the Clerk's Office in Deed Book 2090, at Page 728, save and except, Proffer 1, Proffer 2, Proffer 3, and Proffer 4, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through GRANTOR, his heirs, personal representatives, assigns, tenants, and other successors in interest or title. GRANTOR further covenants and agrees that: Any references hereinabove to the 0-2 Office District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Councd, which are by this reference incorporated herein. The above conditions, having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that such instrument is consented to by GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of GRANTEE, after a public hearing before GRANTEE which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Such ordinance or resolution shall be recorded along with such instrument as conclusive evidence of such consent, and if not so recorded, such instrument shall be void. (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office, and indexed in the names of GRANTOR and GRANTEE. WITNESS the following signatures and seals: GRANTOR: LITTLE NECK SWIM AND RACQUET CLUB, INC. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 31 st day of December, 2002, by William R. Stewart, as President of Little Neck Swim and Racquet Club, Inc., on behalf of the Company. /~ Notary Public My Commission Expires: March 31, 2006 EXI:IIBIT A ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot A, as shown on that certain plat entitled "SUBDIVISION OF PROPERTY OF HUBERT L. DAIL AND MONA H. DAli.", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 149 at page 6. Together with a perpetual 15' drainage easement and a perpetual 10' utility easement across Lot B on said plat. Item V-LS. - 44 - PLANNING ITEM # 51302 Upon motion by Counctlman Maddox, seconded by Counctlman Reeve, Ctty Council ADOPTED an Ordtnances upon apphcatton of GENERAL EDISON, L.L.C. for a Condtttonal Change of Zontng and Conchttonal Use Permtt ORDINANCE UPON APPLICA TION OF GENERAL EDISON, L L C FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TIONFROMA G-1AND A G-2 AGRICULTURAL DISTRICT TO CONDITIONAL B-2 Z06032148 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CI~ OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of General Echson, L L C for a Change of Zomng Dtstrtct Class{ficatton from AG-1 and AG-2 Agrtcultural Dtstrtct to Condtttonal B-2 Community-Business District on the north side of E&son Road, 285 91feet east of General Booth Boulevard The Comprehenstve Plan recommends use of thts parcel for restdenttal use at or above 3 5 dwelhngs units per acre or for commerctal use conststent wtth the pohcy recommendattons of the plan (GPIN 2415439381, 2415439012) DISTRICT 7- PRINCESS ANNE The followtng condttton shall be requtred An Agreement encompasstng proffers shall be recorded wtth the Clerk of Ctrcutt Court ORDINANCE UPON APPLICATION OF GENERAL EDISON L L C FOR A CONDITIONAL USE PERMIT FOR A MINI-WAREHOUSE TOWER R060331105 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of General E&son L L C for a Condtttonal Use Permtt for a mtnt-warehouse facthty on the north side of Edtson Road, 285 91 feet east of General Booth Boulevard (portton of GPIN 2415439381, 2415439012) DISTRICT 7- PRINCESS ANNE The followtng conchttons shall be requtred The stte shall be developed tn substanttal conformance wtth the submttted stte plan entttled, "Conceptual &te Layout and Landscape Plan of Commercial Use & Mtnt-Storage General Booth Boulevard Virginia Beach, VA, "prepared by MSA, PC and dated 3/2 7/03, whtch has been exhtbtted to the Ctty Counctl and ts on file tn the Planntng Department June 10, 2003 Item V-L$. - 45 - PLANNING ITEM # 51302 (Continued) The archttectural destgn elements and extertor butldtng matertals for the northern and western facades of the mtm storage facthty shall be substanttally tn conformance wtth the submitted elevattons entttled, "Storage Facthty, "prepared by Ansell Colhns Astrtn Architects, dated 12/20/02, whtch have been exhtbtted to the Ctty Counctl and are on file tn the Planmng Department No barbed wtre, razor wire or electrtfied fences shall be tnstalled on the roof or walls of any of the butldtngs or on anyfenctng on or surroundtng the property The tnstallatton of chatn hnk fenctng shall not be permttted on the stte All outdoor hghttng shall be shielded to dtrect hght and glare onto the premises, satd hghttng and glare shall be deflected, shaded and focused way from all adjotntng property Any outdoor hghttng fixtures shall not be erected any htgher than fourteen (14) feet There shall be no electrtc powered or dtesel powered generators or generators fueled by any other source of energy located outstde of any buildtng The storage umts shall be used only for storage of non-hazardous goods The umts shall not be use for office purposes, band rehearsals, restdenttal dwelhngs, or any other purpose not conststent wtth the storage of goods These Ordtnances shall be effective tn accordance wtth Sectton 107 09 of the Zomng Ordinance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtma, on the Tenth of June, Two Thousand Three June 10, 2003 - 46- Item V-L$. PLANNING ITEM # 51302 (Continued) Vottng 10-0 (By ConsenO Counctl Members gottng Aye' Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Jim 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 June 10, 2003 FORM NO P $ lB City o£ Virginia Reach In Reply Refer To Our File No. DF-5663 DATE: May 28, 2003 TO: Leslie L. Lilley _ DEPT: City Attorney FROM: B. Kay Wilso~TM DEPT: City Attorney Conditiona~ Zoning Application General Edison, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 10, 2003. I have reviewed the subject proffer agreement, dated April 23, 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 Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue Suite 2000 Virginia Beach, Virginia 23462 Phone: (757) 687-7500 Facsimile: (757) 687-7510 AGREEMENT TI-ll~q AGREEMENT (the "Agreement") is made thiso?/ord day of April, 2003 by and between GENERAL EDISON~ L.L.C. a Virginia limited liability company (the "Grantor") and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor is the owner of certain property generally located in the Beach Election District of the City of Virginia Beach, Virginia off the eastern side of General Booth Boulevard to the north of Edison Road which contains approximately 10.602 acres, more or less, which property is more particularly described on Exhibit A attached hereto (the "Property"); and WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification from AG-1 and AG-2 to B-2 Conditional on the Property; and WHEREAS, the Grantee' s policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit differing 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, GPIN NOS.:2415-43-9381-0000 2415-42-9012-0000 certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Cwantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such insmnnent; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, it's successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following 2 declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest or rifle, namely: 1. The site layout shall be developed substantially as shown on that certain exhibit entitled "Conceptual Site Layout and Landscape Plan of Commercial Use & Mini-Storage General Booth Boulevard VA. Beach, VA." prepared by MSA, PC and dated 3/27/03 (the "Site Plan"), which has been exhibited to City Council and is on file with the Planning De~xxment. 2. When developed, that portion of the Property depicted on the Site Plan as the Mini-Storage Area (the "Mini-Storage Area") shall be developed for a mini-warehouse facility, with accessory parking and other accessory site features. 3. When developed, that portion of the Property depicted on the Site Plan as the Commercial Area (the "Commercial Area") shall be developed for uses permitted in the B-2 District along with accessory parking and other accessory site features. 4. The architectural design of the improvements in the Commercial Area shall be substantially compatible with the architectural style and materials reflected in the rendering entitled "Commercial Area" prepared by Ansell Collins Astrin Architects, which has been exhibited to City Council and is on file with the Planning Department. 5. The architectural design of the improvements located in the northern and western portions of the Mini-Storage Area shall be substantially compatible with the architecnnal style and materials reflected in the rendering entitled, "Storage Facility" prepared by Ansell Collins Astrin Architects and dated 12/20/02, which has been exhibited to City Council and is on file with the Planning Department. Further conditions mandated by applicable development ordinances may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to 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; O) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceeAings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for 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 in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank] GRANTOR: GENERAL EDISON, L.L.C. Robert O. Copeland COMMONWEALTH OF VIRG~ CITY OF VIRGINIA BEACH, to-wit: The foregoing_ instrument ,w~ ,ac)knowl,e, dged before me this~ '-day of April, 2003, by Robert O. CopelandQ~, ~ ~ ~ ? .'~ Yaof~neml Edison, L.L.C. He/she is personally known to me. Notary Public EXHIBIT A Parcel 1: AI J. THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia, and being known, numbered and designated as PARCEL 2, 9.102 ACRE3, MORE OR I.F$S, as shown on that certain plat entitled "AMENDED SUBDMSION PLAT OF G~ EDISON ASSOCIATES AND DAM NECK PROPERTIES, DB 2490, PG 1877, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA", prepared by Langley and McDonald, dated July 30, 1985 and revised March 31, 1987, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2665, at page 1878, et seq, and said property being further bounded and described as shown on the survey entitled "PHYSICAL SURVEY OF PROPERTY OWNED BY GENERAL gl)ISON ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP VIRGINIA BEACH, VIRG~" prepared by Site Improvements Associates, Inc., and dated May 25, 1999, as follows: BEGINNING at southwest comer of property of Johnnie Leon Hyman thence N 69° 13' 07" W 27.76'; thence N 24° 50' 36" E 454.51'; thence N 3° 58' 42" E 304.09'; thence N 11° 57' 27" E 37.76'; thence N 30° 25' 02" E 210.73'; thence S 63° 42' 22" E 621.67'; thence S 69° 05' 57" E 116.42'; thence S 28° 29' 40" W 938.07'; thence N 69° 13' 07" W 119.97'; thence N 21° 20' 32"E 899.60'; thence N 69° 13' 07" W 145.21' thence S 21° 20' 32" W 449.60'; thence N 69° 13' 07" W 145.20'; thence S 21° 20' 32" W 225.00'; thence N 69° 13' 07" W 144.94'; thence S 21 o 20' 32" W 225.00 to the point of beginning. TOGETHER WITH that certain variable width cross reciprocal ingress/egress easement shown on the plat entitled "AMENDED SUBDIVISION PLAT OF GENERAL EDISON ASSOCIATES AND DAM NECK PROPERTIES, DB 2490, PG 1877, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRG~", prepared by Langley & McDonald, dated July 30, 1985 and revised March 31, 1987, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2665, at page 1878, et seq. It being a part of the same property conveyed to GENERAL EDISON ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP from W. S. Braithwaite and Elizabeth Allis Braithwaite, husband and wife, et als dated 2/16/84 and duly recorded 3/12/84 in the Clerk's Office of the Circuit Court of Virginia Beach in Deed Book 2319 page 235 and Corrected in Deed Book 2335, at page 1910 and by Deed from Jesse R. James, a/k/a Jesse James, a/k/a Jessie James and Gladys James, husband and wife, dated 10/7/86 and recorded 10/22/86 in Deed Book 2556, page 1092 and by dee. A from Frances G. Willis and Walter G. Willis, her husband, dated 6/27/84 and recorded 7/2/84 and recorded in Dexxl Book 2344, at page 1426. P...arcel 2: AI.IJ THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly bounded and described as follows: BEGINNING at a station on a 20 foot road on the plat of Gresham Village in the line of the property of John Hyman, and running thence North 21° 20' 32" E 450 feet along said Hyman's line; thence S 69° 13' 07" E 145.20' to the line of Sadie Walker's; thence along Walker's line S 21° 20' 32" W 450' to said 20 foot road; thence along said road N 69° 13' 07" W 145.20' to the point of beginning, and containing 1.5 acres, more or less, as shown by a plat of Gresham Village, made by W. B. Gallup, County Surveyor, September 20, 1941 and recorded in Map Book 22, at page 70, and being a portion of the property conveyed to Hattie B. Gresham by deed of P. W. Ackiss, Special Commissioner, dated June 9, 1941, and recordexl in Deed Book 206, page 344, in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County),Virginia. It being the same property conveyed to GENERAL EDISON ASSOCIATES, L.P. a Virginia Limited partnership, by deed from John P. Jackson dated 12/23/98 and recorded 1/26/99 in Deed Book 4021, at page 562. Item V-L6. -47- PLANNING ITEM # 51303 John Napolotano, 1492 South Independence Boulevard, Prestdent of Ttdewater Budders Assoctatton and Semor Vtce Prestdent of Napolotano Homes, spoke tn SUPPORT of the apphcatton The followmg regtstered tn OPPOSITION Nancy C. Johnson, 1148 Crystal Lake Drtve (Cavaher Park), Phone 422-2834, Chatr of the Stewardshtp Commtttee of the Bay Colony Ctvtc League Allan R Johnson, 1148 Crystal Lake Drtve (Cavaher Park), P)hone 422-2834 A MOTION was made by Council Lady Wtlson, seconded by Councilman Dtezel to ADOPT apphcatton of the Ctty of Vtrgtnta Beach to AMEND the Ctty Zontng Ordtnance (CZO) re 3%~ 402 & 503 building height regulations tn the Agrtcultural and certatn Restdenttal Zontng Dtstrtcts Upon SUBSTITUTE MOTION BY Councdman Schmtdt, seconded by Counctl Lady McClanan, Ctty Counctl ADOPTED and DELETED LINES 62 - 65 after word "subsectton" Ctty Manager to brtng thts back for further consideration Ordtnance to AMEND the Ctty Zomng Ordtnance (CZO) re ~3~ 402 & 503 building height regulations tn the Agmcultural and certatn Restdenttal zontng Dtstrtcts Vottng 9-1 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva and James L Wood Counctl Members Vottng Nay Rosemary Wdson Counctl Members Absent Mayor Meyera E Oberndorf June 10, 2003 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 402 AND 503 OF THE CITY ZONING ORDINANCE PERTAINING TO BUILDING HEIGHT IN AGRICULTURAL AND RESIDENTIAL ZONING DISTRICTS Sections Amended' City Zoning Ordinance Sections 402 and 503 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 402 and 503 of the City Zoning Ordmnance are hereby amended and reordained to read as follows: Sec. 402. Dimensional requirements [Agricultural Zoning Districts]. The following chart lists the requirements within the AG-1 and AG-2 Agricultural Districts for minimum lot area, width, yard spacing, and height regulations for single-family dwellings. Note, however, that minimum lot area, as stated in section 402(a) (1), shall not be used to calculate density allowance. Allowable density shall be determined in accordance with section 402(b). (a) For single-family dwellings- (1) Minimum lot area- (2) Minimum lot width- (3) Minimum front yard setback: Agricultural D~stricts AG-1 AG-2 1 acre 1 acre 150 feet 150 feet 50 feet 50 feet 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 (4) Minimum side yard setback: (5) Minimum rear yard setback: (6) Maximum height, ex- cept as provided in 20 feet 20 feet 20 feet 20 feet subsection (al): 35 feet 35 feet (7) The setback for any yard that adjoins a major street or right-of-way designated on the official transportation plan shall be 50 feet. (al) The maximum heiqht for single-family dwellinqs in subdivisions of ten (10) or more lots created after the date of adoption of this subsection, or for sinqle-family dwellinqs havinq side and rear yard setbacks at least five (5) feet greater than required, shall be forty-two (42) feet. 48 49 50 51 52 53 54 55 Sec. 503. Height regulations [Residential Zoning Districts]. The following shall constitute the maximum height requirements for all structures within all Residential Districts. (a) Except as provided in subsection (b), the Ma-x~mmaximum height for all buildings and structures ~-~ shall be thirty-five (35) feet. (b) The maximum heiqht for sinqle-family dwellinqs within the R-40, R-30, R-20 or R-15 Residential District in subdivisions of 56 57 ten (10) or more lots created after the date of adoption of this subsection shall be forty-two (42) feet. 58 59 6O ~ (c) Notwithstanding the above, no building or other structure shall exceed the height limit established by section 202(b) regarding air navigation. 61 62 Adopted by the Council of the City of Virginia Beach, Virginia, on the l0th day of June, 2003. CA-8633 wmm\ordin\heightordin, wpd R-9 June 10, 2003 - 48 - Item V-M. 1. APPOINTMENTS ITEM # 51304 B Y CONSENSUS, Ctty Councd RESCHEDULED the following APPOINTMENTS: ARTS AND HUMANITIES COMMISSION BEACHES AND WA TER WA YS COMMISSION HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) PARKS AND RE CP~A TION COMMISSION PUBLIC LIBRARY BOARD SHORE DRIVE AD VISOR Y COMMITTEE TO WING AD VISOR Y BOARD YOUTH SER VICES CO UNCIL .June 10, 2003 - 49 - Item V-M.2. APPOINTMENTS ITEM # 51305 Upon NOMINATION by Councd Lady Eure, Ctty Counctl APPOINTED John Nowland Unexpired thru 5/31/04 representing Parks and Recreation Commission OPEN SPACE COMMITTEE Vottng 10-0 Council Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Jtm Reeve, Peter IV Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf June 10, 2003 - 50- Item VoP. AD JO URNMENT ITEM # 51306 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 10:27 P.M. Beverly '0~ Hooks, CMC Chtef Deputy Ctty Clerk Ctty Clerk Meyera E Oberndorf Mayor City of Vtrgtnta Beach Vtrgtnta June 10, 2003 ,. ~. ~. ~ ~:. ~ ~ ~ ~,.~ .-~ ~," ~-' ~ '. ~' '~ '," ~hO~'l~'thii~'~l~lon 8o ~o~8 ~h~ Board of Dlr.ctor. of the ~ <"'~' ': '~ {~lub, Ine,-w~-~~ffixed their slsnature (s) b~l~ are ·g·lnst building or , or ·ny other conceivable design, ~111 ruin the ·esthetic and neighborhood, B.~ l.~.t ~ls_o. k_no_un_ tknt it is our intention to VOT._~E N__O on ·ny prop, referendum or amendment that would alloy you to sign, agree, fin~ any manner allow you to lease or mike any a~reement with · cousin company to build a tower (s) on our property. It is also underst¢ ~ill be notified of any vote that ~ill be taken on this issue so have the opportunity to vote against leases or otheP matters reLf of cell tower (e). Ny signature b~lov will act ·sa PROXY vote aL ........ -- tower(s) in the event of my absence for the voting process. SIGNATURE NAHE (PIFtnt name iDlingS ~ ~derneath) '-----" ._ All /' ...... _......=....~ PHONE NO. DATE Regarding UO~IU~ICATION TOk~RS AT ~ hI~ N~ {~ 6 ~CqUET C~B, 86~ hittl~ Heck ~ad, Virgini~ Beach, Virginia 23452 ~o{ Bo~rd of Dirm~tor~ of thm ~ittl~ ~t~k {vim 6 Racquet Ulub, Inc. (And ultimat~l~ to th~ Uity Uouucil of the Uity of · hould thi~ }~tition 8o b~yo~d th~ Board of Directorm of th~ Little ~eck S~m & ~cquet Club, Inc.) B~ l~ here~y ~o~ and stated t~t the ~m~re of the Little Neck Swim & ~acquet Club, Inc. ~ ~ve affixed their el~nahure (e) b~l~ are a~ainst bulldtn~ or all~ to be built or erected on the site of the Little Neck S~lm & Racquet Club property, our Club property, any c~ntcation t~ers. ~e strongly believe that any to~er (e), ~hether disguised as light poles, flag poles or o~her stealth object, or any other conceivable d~el~n, ~11 ruin the aesthetics of our Club and neighborhood. B~ l~ ~1~ kno~ t~t It Is our intention to VOTE NO on any proposal, referend~ or ~en~n~ t~t ~ould all~ you to any runner all~ you to lease or rake any a~ee~nt with a c~,ication c~pany to build a t~er (a) on our property. It ia also understood that I ~ill be notified of any vote t~t ~11 be taken on this issue '~ve the opportunity to vote a~ains~ leases or othe~ matters regarding erection of cell t~r (s). Ny signature ~1~ ~11 act as a PROXY vote ageinst cell to~r(o) in the event of my absence for the voting process. SIGNA~ H~ (Friar name ~~ FHONE NO. --- underneath) Regarding COH4UNICATION IDI~ER,q AT THE LITTLE NECK S~ & ~CQUET C~B, 864 Little Neck ~ad~ Virginia Bench~ Virginia 23452 Board of Directors of the Little Neck Swim & Racquet Club, Inc. (And ultimately to the City Council of the City of Virginia Bench, Vs. should this Petition go beyound the Board of Directors of the Little Neck S~im & Racquet Club, lac,) Be it hereby knom3 and stated that the members of the Little Neck Swim & Racquet Club, Inc. who have affixed their siinature (e) below are aiainst building or allowing to be built or erected on the site of the Little Neck Swim & Racquet Club property, our Club property, any communication towers. ~e strongly believe that any tower (s), whether disguised as light poles, flag poles or other stealth object, or any other conceivable design, ~ill ruin the aesthetics of our Club end neighborhood. B__e i__t alsq k_n?~n that it is our intention to VO!E N~O on any proposal, referendum or amendment that would allow you to sign, agree, finalize or in any manner allo~ you to lease or make any agreement with a communication company to build a tower (s) on our property. It is also understood that I sill be notified of any vote that ~lll be taken on this issue so that I may have the opportunity to vote against leases or othe~ matters regarding erection of cel~ tower (s). Ny signature below~tll act as a PROXY vote against cell tower(s) in the event of my absence for the voting process. SIGNATURE NAHE (Print name ADI~J~SS PHONE NO. ..... underneath) DATE Regarding COI~4UNICATION IOWER8 AT ~ LilILE NECK S~i4 & RACQUET CLUB, 864 Little Neck Road, Virginia Beach, Virginia 23452 To: Board of Diraetors of the Little Naek Swim & Racquet Glub, (And ultinately to the City Council of the Gity of Virginia Beach, Va. should this Petition go hayound the Board of Directors of the Little N~ck Sw~m &Racquet Club, Int.) Be it hereby known and stated that the members of the Little Neck Swim & Racquet Club, Inc. who have affixed their signature (a) below are against building or allow~Ag to be built or erected on the site of the Little Neck Swim & Racquet Club property, our Club property, any communication towers. ~e strongly believe that any tower (s), whether dilguised as light poles, flag poles or other stealth .object, or any other conceivable desisn, wall ruin the aesthetics of our Club and neighborhood. Be it also known that it is our intention to VOI.___~E NO on any proposal, .;referendu~ or ~end~ent that would allow you to sign, agree, finalize or in any manner allow you to lease or make any agreement with a communication Company to build a tower (s) on our property. It la also understood that I Will be notified of any vote that will be taken on this issue so that I may have the opportunity to vote againsk teases or othe~ matters regarding erection of cel~ tower (s). Ny signature b~low will att as a PROXY vote against cell tower(s) in the event of my ahaenea for the voting process. It _ANE- (Print name ~t} _1~_~_. PHONE NO._ DATE ' /- I fl Zxt/-/ f ,o ,, PETITION Regarding COI~IUNICATION TO~RS AT TH~ LITTI3g NECK S~rl~l & RACQUET CLUB, 864 Little Neck Road, Virginia Beach, Virginia 23452 To: Board of Directors of the Little Neck Swim & Racquet Club, Inc. (And ultimately to the City Council of the City of Virginia Beach, Va. should this Petition go beyound the Board of Directors of the Little Neck S~rlm & l~acquet Club, Inc.) B~ei~t~reby kno~m and stated that the members of the Little Neck Nm & Racquet Club, Inc. who have affixed their signature (s) belo~ are against building or allme[ag to be built or erected on the site of the Little Neck Swim & Racquet Club property, our Club property, any communication towers. We strongly believe that any tower (s), whether disguised as light poles, flag poles or o~her stealth object, or any other conceivable design, 411 ruin the aesthetics of our Club and neighborhood. :~ i.~talso k__no=_vn that it is our intention to VOT__~EN~on any proposal, referendum or a~end~ent that would allo~ you to sign, agree, finalize or in any manner allo~ you to lease or make any asTeement with a communication company to build a to, er (s) on our property. It is also understood that I will be notified of any vote that ~r~ll be taken on this issue so that I may have the opportunity to vote against leases or other matters regardin$ erection of cel~ to-er (s). Ny signature belo~ will act as a PROXY vote against cell to,er(s) in the event of my absence for the voting process. NAHE ADDRESS PHONE NO. DATE _ ....~ ~~,,~ ......... r - $__ · ..... -- .................... Regarding COI~IUNICATION TO~IgRS AT THE LITTLE NEG~ SWIM & ~CqUET C~B, 864 Little Neck ~ad, Virginia Beach, Virginia 23452 ,. 'To: Board of ~irectora of the Little Neck S~im ~ ~acqueC Club, Inc. (And ultimately to the City Council of the City of Virginia Beach, Va. should this Peticion ~o beyound the Board of Directors of the Little Neck S~m ~ Racquet Club, Inc.) B.~e i~~known and stated that the members of the Little Neck Swim & Racquet ~Club, Inc. who have affixed their signature (s) below are against building or allow~Ag to be built or erected on the site of the Little Neck Swim & Racquet Club property, our Club property, any communication towers. We strongly believe that any tower (s), whether disguised as light poles, flag poles or ocher stealth .object, or any other conceivable design, ~11 ruin the aesthetics of our Club land neighborhood. !B_~e i~t a~so ~no. _~m.. that it is our intention to V~TE NO on any proposal, referendu~ or a~end~ent that would allow you to sign, agree, finalize or in any nmnner allow you to lease or ~ake any agreement with a connuunication company to build a tower (s) on our property. It is also understood that I ~ill be notified of any vote that ~ill be taken on this issue so that I may have the opportunity to vote against leases or other matters regarding erection of cel~ tower (s). Hy signature below will act as a PROXY vote against cell tower(s) in the event of my absence for the voting process. SIGNATURE NAME (Print name ADIH~SS PHONE NO.DATE .... . ¢ u" a "_ ".* '? j _. .......... i_ .... . Regarding COI~I~NICATION IDI~I~ AT TRg LI~fLg NI~CK S~IM & RACqUgT CLUB, 86/+ Little Neck Road, Virginia Beach, Virginia 23452 To: Board of Directors of the Little Neck Swim & Racquet Club, Inc. (And ultimately to the City Council of the City of Virginia Beach, Va. should this Petition go beyound the Board of Directors of the Little Neck Swim & Racquet Club, Inc.) Be it hereby known and stated that the members of the Little Neck Swim & Racquet Club, Inc. who have affixed their signature (s) below are against building or allov$~g to be built or erected on the site of the Little Neck Swim & Racquet Club property, our Club property, any co~aunication towers. We strongly believe that any tower (s), whether disguised as light poles, flag poles or other stealth object, or any other conceivable design, will ruin the aesthetics of our Club and neighborhood. Be it also known that it is our intention to VOT.__~E N~on any proposal, referendu~ or ~aend~ent that would allo~ you to elsa, agree, finalize or in any~anner alloy you to lease or ~ake any agreement with a co~e~unication company to build a tower (s) on our property. It is also understood that I will be notified of any vote that ~lll be taken on this issue so that I may have the opportunity to vote against leases or othe~ matters regarding erection of cel$ to-er (s). My signature belo~will act as a PROXY vote against cell tower(s) in the event of my absence for the voting process. SIGNATURE NAME (Print name ADIIKESS PHONE NO. DATE underneath) - ~- - --T -~-~- - -' Regarding CO/ttUNICATION TOWERS AT THE LITII2. NECK S~rll/& RACQUET CLUB, 864 Little Neck Road, Vlr$1nia Beach, Virginia 23452 To: Board of Directors of the Little Neck Swim & Racquet Club, Inc. (And ultimately to the City Council of the City of Virginia Beach, Va. should this Petition go beyound the Board of Directors of the Little Neck Swim & Racquet Club, Inc.) B~ei_~th~reb¥ k~_own and stated thac the members of the Little Neck Swim & Racquet Club, Inc. who have affixed their signature (s) below are against building or allowLng to be built or erected on the site of the Little Neck Swim & Racquet Club property, our Club property, any communication towers. We strongly believe that any tower (s), whether disguised as light poles, flag poles or o~her stealth .object, or any other conceivable design, will ruin the aesthetics of our Club and neighborhood. Be it also known that it is our intention to VOT~E N~on any proposal, referendum or amenchaent that would allow you to sign, agree, finalize or in any~mnner alloy you to lease or ~ake any agreement with a communication company to build a tower (s) on our property. It is also understood that I ~111 be notified of any vote that will be taken on this issue so that I may have the opportunity to vote against leases or othe~ matters regarding erection of cell tower (s). H~ signature below will act as a PROXY vote against cell tower(s) in the event of my absence for the voting process. SIGNATURE NAME (Print name ADD~ESS PHONE NO. DATE · ' underneath) ---- --- _ -$~ '- - · ..... : ...... :/ '7 -- Regarding CO144UlqlCATION TO~/EI~ AT THE LITTLE NECK SWIM& RACQUET CLUB, 864 Little Neck Road, Vir$inta Beach, Vir$1nia 23452 To: Board of Directors of the Little Neck Swim & Racquet Club, Inc. (And ultimately to the City Council of the City of Virginia Beach, Va. should this Petition go beyound the Board of Directors of the Little Neck Swim & Racquet Club, Into) Be l_~therebY known and stated that the members of the Little Neck Swim & Racquet Club, Inc. who have affixed their signature (s) below are against building or allowIAg to be built or erected on the site of the Little Neck Swim & Racquet Club property, our Club property, any cmsmunicatton towers. We strongly believe that any tower (s), whether disguised as light poles, flag poles or o~her stealth object, or any other conceivable design, will ruin the aesthetics of our Club and neighborhood. Be it also known that it is our intention to V~TE N~O on any proposal, referendma or a~end~ent that would allow you to sign, agree, finalize or in any ~anner allow you to lease or ~ake any a~ree~ent with a communication company to build a tower (s) on our property. It is also understood that I 11 be notified of any vote that will be taken on this issue so that I may have the opportunity to vote against leases or othe~ matters regarding erection of cel~ tower (s). Hy signature below will act as a PROXY vote against cell tower(s) in the event of my absence for the voting process. SIGNATURE NAME (Print name ADDitESS 'underneath) PHONE NO; DATE P_.E · I T I ON Regarding COI~IUNICATION TOI~ERg AT THE LITILR NECK S~ & ~CqUET C~B, 864 Little Neck ~ad~ Virginia Beach~ Virginia 23452 To: Board of Directors of the Ltttls N~ck S~is ~ Racquet Club, Inc. (And ultimately to the City Council of the City of Virgini~ Beach~ should this Petition go b~yo~d tht Board of Directors of the Little Neck S~ · ~cquet Club, Inc.) B~ l~ hereby kno~ and stated t~t the mem~rs of the Little Neck S~lm ~ Racquet Club, Inc. v~ ~ve affixed their signature (s) bel~ are against building or · ll~$~g to be built or erected on the site of the Little Neck Svim h Racquet Club property, our Club property~ ~ny c~nic~tion topers. ~e strongly believe that ~ny rover (s), vheCher disguised ~s light poles~ flag poles or other stealth object, or ~ny other conceiv~ble design~ ~11 ruin the aesthetics of our Club and neighborhood. Be It ~lso kno~ t~t It Is our lnt~ntion to VOT~ N~ on shy proposal, r~ferend~ or ~en~ent t~t vould ~11~ you to sign, ~sree~ finalize or tn · ny ~nner ~11o~ you ~o le,s~ or ~k~ ,ny ~sr~e~nt ~ith · c~unic~tion c~p~ny to build , t~r (s) on our propsrty. It is ~lso understood tha~ I =ill be notified of ~ny vot~ t~t ~11 b~ t~ken on this issue so that I may ~v~ the opportunity ~o vo~e ~s, lnst l~ses or othe~ ~tters regarding erection of cel$ t~er (s). Hy sign~ure belov vii1 ,ct ~s · PROXY vote ~g,inst cell toPer(s) In the tv~n~ of ~y ~bsence for the voting process. N~ (Print name ~SS PHONE NO. - underne~) Regarding COI44UNICATION TOWKItSATTRE LITTLII NECK 8W/H& RACQUET CLUB, 864 Little Neck Road, Virginia Beach, Virginia 23452 Board of Directors of the Little Neck Swim & Racquet Club, Inc. (And ultimetely to the City Council of the City of Virginia Beach, Vs. should thio Petition go bey,mad the Board of Directors of the Little Neck Swim &Racquet Club, Inc.) Be it hereby kn_ow~land stated that the members of the Little Neck Svim& Racquet Club, Inc. who have affixed their signature (s) below are against building or allow{Ag to be built or erected on the site of the Little Neck Swim & Racquet Club property, our Club property, any co~unication towers. We strongly believe that any tower (s), whether disguised as light poles, flag poles or other stealth object, or any other conceivable design, will ruin the aesthetics of our Club sad neighborhood. Be it also known that it is our intention to VOTER N~O on any proposal. ferendu~ or a~end~ent that would allow you to sign, agree, finalize or in any ~anner allow you to lease or ~ake any a~ree~ent with a comaunicetton company to build a tower (s) on our property. It is also understood that I 11 be notified of any vote that will be taken on this issue so that I may have the opportunity to vote agains~ leases or othe~ matters regarding erection of cell tower (s). Ny signature below will act as a PROXY vote ageinst cell tower(s) in the event of my absence for the voting process, SIGNATURE NANE(Print name ADI~ESS PHONE NO. DATE ' - underneath) ~' · ~ETITION Regarding ,, CO~IUNICATION TOI~ERSATTIAE LITTL~ NgCK $~IH& RACqUgT CLUB, 864 Little Neck Road, Virginia Beach, Virginia 23452 Board of Directors of the Llttla Neck Swim & Racquet Club, Inc. (And ultimately to the City Council of the City of Virginia Beach, Vs. should this Petition go beyound the Board of Directors of the Little Neck Swim &R~cquet Club, Inc.) .B_~e!~ hereby known and stated that the members of the Little Neck Swim & Racquet Club, Inc. who have affixed their signature (s) below are against building or allovSAg to be built or erected on the site of the Little Neck Swim & Racquet Club property, our Club property, any communication towers. We strongly believe that any tower (s), whether disguised as light poles, flag poles or o~her stealth object, or any other conceivable design, will ruin the aesthetics of our Club nnd neighborhood. B~ei~ &lS~ ~np_~!, that it is our intention to¥O~E NOon any proposal, referendu~or aend~ent that would alloy you to sign, agree~ finalize or in any mnn~r all~ you to l~anl or mk~ any n~n~nt with a c~unication c~pany to build a t~,r (s) on our propsrty. It Is also undsrstood that I =ill b, notifi,d of any votn t~t ~11 b~ tak, n on this isnun so that I may ~v, th~ opportunity to vot~ n~ains~ l~anns or oth~ mattsrs r~gnrding ~rection 'of eels t~er (s). Ny slgnatur~ ~1~11 act ns a PROXY vote against cell tower(n) in th~ ~vent of ~y abs~nc~ for the votinl procnsn. SIGNATURE NAif(Print name ADII~ES$ PHONE NO. DATE - ' underneath) PETITION ' Regardin8 ~ad, Virginia Beach, Virginia 23652 To~ Board of Directors of the Ll~le Heck Swim & ~acque~ Club, Inc. (Aad ultimately to ~he City Council of ~he Cl~y of Virginia Besch, should ~hl0 Fe~l~ion So beyond ~he Board of Directors of ~he Ll~le Neck S~m & hcque~ Club, B~ i~ ~ ~o~ and o~a~ed ~h~ ~he Mm~ro of ~he Li~le Neck S~m ~ Racque~ Club, Inc. w~ hve affixed ~heir signature (s) bel~ are asalns~ building or tll~InS ~o be buil~ or erected on ~he ol~e of ~he Li~le Neck Swim ~ Rscque~ Club proper~y, our Club pro~r~y, any c~nica~ion ~ero. ~e s~rongly believe ~ha~ any t~er (s), whether disguised as llgh~ poles~ flag poles or o~her s~eal~h object, or any o~her conceivable design, ~ll ruin ~he aesthetics of our Club and neighborhood. B~ i~ lies kno~ ~h~ it is our intention ~o VO~ N~ on any proposal, referenda or ~enbnt ~h~ would ~11~ you any Mnner all~ you ~o leasa or rake any a~eeMn~ wi~h ~ c~nict~ion c~pany ~o build a ~er (o) on our proper~y, I~ is also understood ~ha~ I will be notified of any vo~e ~ht ~ll be ~aken on ~hio issue os ~ht~ I may ~ve ~he oppor~uni~y ~o VO~e asains~ ~eaoeo or o~he~ ~ers regarding erection of ceil t~r (s). Hy signature ~1~ ~ll ac~ as · PROXY vo~e Iseins~ cell ~o~r(o) In the even~ of my absence for ~he vo~ins process. SI~A~ H~ (~rin~ name ~~ rHONE NO. - ~ underneath) Regarding COII~UNICATION TOWERS AT TIrE LIT1LR NECK S~IH& RACQUET CLUB, 864 Little Neck Road, Virginia Beach, Virginia 23452 To: Board of Directors of the Little Neck Swim & Racquet Club, Inc. (And ultimately to the City Council of the City of Virginia Beach, Va. should this Petition go beyound the Board of Directors of the Little Neck Swim & Racquet Club, Inc.) Be it hereby kno~nl and stated that the members of the Little Neck Swim & Racquet · Inc. who have affixed their signature (s) below are against buildin8 or allowiag to be built or erected on the site of the Little Neck Swim & Racquet Club property· our Club property· any con~unication towers. We strongly believe that any tower (s), whether disguised as light poles, flag poles or other stealth object, or any other conceivable design, ~v~ll ruin the aesthetics of our Club and neighborhood. Be it also known that it is our intention to VOTE NO on any proposal, referendum or amendment that would allow you to sign, agree, finalize or in any ~anner allow you to lease or ~ake any a~reement with a communication company to build a to-er (s) on our property. It is also understood that I 11 be notified of any vote that~r~ll be taken on this issue so that I may have the opportunity to vote against leases or othe~ matters regarding erection of cell tower (s). Hy signature below will act as a PROXY vote agsinst cell tower(s) in the event of my absence for the voting process. S I GNATURE NAI~ (Print name underneath) ? - ,~. - , -, / ADDRESS PHONE NO. DATE / PE. TITION Regarding COIttlNICATION TOI~RS PROPOSED TO BE INST~4I.!.RD AT THE LITTLE NECK S~FiH AND RACQUET CLUB, 864 LITTLE NECK ROAD, VIRGINIA BEACH, VIRGINIA 23452 To: The City Council of the City of Virginia Beach, Virginia BE IT HEREBY KNOI~q and stated that the residents of the Little Neck Peninsula and surrounding sub-divisions, who have affixed their signatures below, are against building or alloying to be built or erected nn the site of the Little Neck Swim and Racquet Club property, any communication towers. We strongly believe that any towers, whether disguised as light poles, flag poles or other stealth object, or any other conceivable design, will ruin the aesthetics of our Peninsula and neighborhood where our children s~rlm and play. We do not want to deny our children the right to have a beautiful, uncluttered-by- cou~nercial-eyesore towers, place to enjoy their sports. SIGNAIIIRE PRINTED NAME ADDRESS PHONE NO. I]ATE Regarding COIt~J~IC&TION I~)~I~1~ AT ~ LI~I.~. NE~ S~IH& RACQUET CI~JB, 864 Little Neck Road, Virginia Beach, Virginia 23452 Tol Board of Directors of the Ltttla Neck Swim & Racquet Club, Inc. (And ultimately to the City Council of the City of ¥ir$1nia Beach, Vs. should this Petition go beyound the Board of Directors of the Little Neck Swim & Rmcquet Club, Into) B.~e i__~ ~~and stated that the members of the Little Neck Swim & Racquet Club, Inc. who have affixed their signature (s) below are against building or a11o~$~$ to be built or erected on the site of the Little Neck Swim & Racquet Club property, our Club property, any cmmunication towers. Re strongly believe that any tower (s), whether disguised as light poles, flag poles or other stealth object, or any other conceivable design, vi11 ruin the aesthetics of our Club and neighborhood. B_~e i..~ alsys kno~thmt it is our intention to VO__T~ NO on any proposal, referendum or --end~ent thmt would allo~you to sign, agree, finalize or in sny~mnner allow you to lease or ~mke any agreement with a communication ~company to build a tower (s) on our property. It is also understood that I Viii be notified of any vote that Pill be taken on this issue so that I may have the opportunity to vote against leases or othe~ matters regarding erection of cell toper (s). Hy signature below viii act as a PROXY vote against cell ~tower(s) in the event of my absence for the voting process. SIGNATUP~ NAHE(Print name ADDRESS - : ~ underneath) -" - '-- PXON~- NO._