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Home My WebLink AboutAUGUST 14, 2001 MINUTESC itv of Virginia Beach I · · "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E OBERNDORE At-Large VICE MAYOR WILLIAM D SESSOMS, JR, At-Large LINWOOD 0 BRANCH, III, Beach -Dtstrtct 6 MARGARET L EURE, Centervdle -Dtstrtct 1 WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5 BARBARA M HENLEY, Prtncess Anne -Dtstrtct 7 LOUIS R JONES, Baystde -Dtstrtct 4 REBA S McCLANAN, Rose Hall -Dtstnct 3 ROBERT C MANDIGO, JR, Kempsvdle -Dtstrtct 2 NANCY K PARKER, At-Large ROSEMARY WILSON, At-Large JAMES K SPORE, Ctty Manager LESLIE L LILLEY, City Attorney RUTH HODGES-SMITH, MMC, Ctty Clerk CITY COUNCIL AGENDA CITY HALL BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAIL Ctycncl@ctty vtrgtnta-beach va us August 14, 2001 I. REVIEW OF AGENDA ITEMS - Conference Room - 3:00 PM II. CITY COUNCIL COMMENTS Ill. INFORMAL SESSION - Conference Room- 3:30 PM A. CALL TO ORDER- Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION W. FORMAL SESSION - Council Chamber- 6:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Reverend John Boyer Church of Christ - Creeds 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 & FORMAL SESSIONS - August 7, 2001 G. AGENDA FOR FORMAL SESSION The Consent Agenda wtll be determtned durtng the Agenda Review Session and constdered tn the or&nary course of business by City Counctl to be enacted by one motion. II. PRESENTATION o ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Government Finance Officers Association Patricia A. Phillips, Director, Department of Finance I. PUBLIC COMMENT 1. NIMMO PARKWAY/SANDBRIDGE ROAD Lease J. ORDINANCES/RESOLUTION Ordinance to AMEND § 31-61 of the City Code re increasing the tipping fee at the City's landfill, effective 1 July 2001. . Ordinance to authorize the acquisition of property in fee simple for the right-of-way for Corporate Landing Parkway/Culver Lane re acquisition of title to the last parcel of land; and, the acquisition of temporary and permanent easements, either by agreement or condemnation (DISTRICT 7 - PRINCESS ANNE). . Ordinance to authorize temporary encroachments into a portion of City property known as Lake Wesley at 505 Kerry Lane (Croatan) by WAYNE C. and THERESA B. SAWYER re rip rap/gangway/floating dock; and, authorize the City Manager to execute the Agreement (DISTRICT 6- BEACII) (Deferred 6/26/01 and 7/10/01) 4. Mental IIealth, Mental Retardation and Substance Abuse Services (MHMRSA): ao Ordinance to ACCEPT and APPROPRIATE $743,114 from the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services (MIIMRSA) and $70,940 from the federal government to the FY 2001-02 operating budget of the City Department of MHMRSA re increased services; and, estimated revenue from the Commonwealth be increased accordingly. b. Resolution re the FY 2001-02 performance contract between the Virginia Beach Community Services Board (CSB) and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services (MHMRSA) ° Ordinance to ACCEPT and APPROPRIATE a $108,867 grant from Opportunity, Inc. of Hampton Roads (HRWDB) to the FY 2001-02 operating budget of the Department of Parks and Recreation re implementing a workforce development for the 2001 Year-Round Youth program(s). o Ordinance to ACCEPT and APPROPRIATE grants of $26,700 and $13,783 from the State Office of Emergency Medical Services (EMS) to the FY 2001-02 operating budget of the Department of EMS re the purchase of defibrillators, other supplies and equipment; and, estimated revenue from the Commonwealth be increased accordingly. 7. License Refunds: $125,569.87 K. PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. o RECONSIDERATION: Applications of BILLY W. CHAPLAIN on the west side of Washington Avenue, south of Virginia Beach Boulevard (849 and 853 Virginia Beach Boulevard) (DISTRICT 6- BEACH): Change of Zomng Distnct Classfficataon from A-12 Apartment District and RT-3 Resort Tourist District to Conditional B-2 Community Business Dmtnct, containing 23,850 square feet. b. Conditional Use Permit for a bulk storage yard, contalmng 19,000 square feet. Deferred: February 13, 2001, February 27, 2001 and March 13, 2001 Demed: March 27, 2001 Scheduled Reconsideration: July 10, 2001, for August 14, 2001 Staff Recommendation: Planmng Comm. Recommendation: DENIAL APPROVAL , Apphcatlon of BRUCE MIMRAN for a Modification of Condition No. 15 re hours of operation on the April 11, 2000, approved Conditional Use Permit for an outdoor recreation facihty on the north side of 15th Street extending between Atlantic Avenue and Pacific Avenue (DISTRICT 6 - BEACH) Recommendation: APPROVAL . Application of JOYNT ENTERPRISES INC., for a Modification of Condition No. 5 re a sign, on the July 13, 1999, approved Conditional Use Permit for motor vehicle sales and service at the southeast comer o fVlrgmla Beach Boulevard and Kellam Road (4753 Virginia Beach Boulevard), containing 30,000 square feet (DISTRICT 4 - BAYSIDE) Recommendation: APPROVAL . Applications for multaple use communication towers an behalf of TRITON PCS on the north side of McComas Way, west of General Booth Boulevard, containing 3.53 acres: (DISTRICT 7 - PRINCESS ANNE): a. CROWN COMMUNICATION: Conditional Use Permit to construct a tower bo VIRGINIA STORAGE, LLC (David W. Gathng) re a Modification of Proffers to allow a 90' tower, in the Conditional Change of Zoning approved by City Council on December 7, 1999 Deferred Indefinitely: Recommendation: May 8, 2001 APPROVAL . Applications for enlargement of nonconforming uses (DISTRICT 5 - LYNNHAVEN): a. THOMAS E. and MARY C. COULBOURN re alterations and additions to a garage apartment at 113 54th Street (6,625 square feet) bo SHERYL ANN ROBINS re alterations and additions to a single-family dwelling at 5303 Ocean Front Avenue (6,625 square feet) Recommendations: APPROVAL . Application of PUNGO FERRY, INC., for a Conditional Use Permit for a 15-acre borrow pit on the south side of Pungo Ferry Road, 1350 feet west of Princess Anne Road (2165 Pungo Ferry Road), containing 48 acres (DISTRICT 7 - PRINCESS ANNE) Staff Recommendation: Planning Comm. Recommendation: APPROVAL DENIAL o Application of BONITA A. LINDENBERG for a Conditional Use Permit for a home occupation (Certified Public Accountant) at 3012 Balsam Pine Court, containing 12,289.485 square feet (DISTRICT 3 - ROSE HALL) Recommendation: APPROVAL . Application of ANCIENT ART TATTOO STUDIO LTD., for a Conditional Use Permit for a tattoo parlor at the northwest intersection of Cleveland Street and Opal Avenue (4978 Cleveland Street), contalmngl.2626 acres (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL o Application of FRANK YACONIELLO - AUTO PARTS INTERNATIONAL INC., t/a THE BUGHOUSE for a Conditional Use Permit for the sale of auto parts and an automobile repair facility at the northwest comer of Southern Boulevard and Southgate Avenue (5024 Southern Boulevard), containing 18,125 square feet (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL 10. Apphcatlon of STAR OF THE SEA CHURCH for a Conditional Use Permit for a commercial/church parking lot at the northwest comer of Pacific Avenue and 15th Street (1500 Pacific Avenue), containing 22,500 square feet (DISTRICT 6 - BEACH) Recommendation: APPROVAL 11. Appllcat~on of FRANCES MOSCOPOLOS and THE RESERVE 2000, INC., for a Change of Zoning District Classification from R-7.5 Residential to Conditional A-12 Apartment with D-H2 Planned Unit Development on the west side of Wltchduck Road, 420 feet north of Witchduck Court, containing 12 acres (DISTRICT 4 - BAYSIDE) Recommendation: DEFER TO AUGUST 28, 2001 12. Application of McGINNIS REALTY & DEVELOPMENT COMPANY for a Change of Zoning District Classification from AG-1 Agricultural to A-12 Apartment with a PD-H2 Planned Unit Development Overlay on 8 acres on the south side of Shipps Comer Road, 500 feet east of Holland Road (DISTRICT 7 - PRINCESS ANNE) Recommendation: DENIAL 13. Application of OCEAN TIDE ASSOCIATES for a Change of Zoning D~stnct Classification from B-4 Resort Commercial District to A- 18 Apartment District with a PD- H2 Planned Unit Development District Overlay on the south side of Shore Drive, west of Jade Street on Lots 1 and 2, Block 7, Plat of Lynnhaven Shores, containing 12,196.8 square feet (DISTRICT 5 - LYNNIiIAVEN) Recommendation: APPROVAL L, APPOINTMENTS. ,a . "'~";.~. '" BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD (CSB) [In accordance with Virginia State Code, Section 37.1-195, the August 7, 2001, nomination of M~chael Clark is subject to City Councd appointment on August 14, 2001] DEVELOPMENT AUTHORITY RESORT ADVISORY COMMISSION (RAC) SOCIAL SERVICES BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT JOINT MEETING WITH CHESAPEAKE CITY COUNCIL THURSDAY, AUGUST 23, 2001 AT 6:00 PM HAMPTON ROADS PLANNING DISTRICT COMMISSION BUILDING AT 723 WOODLAKE DRIVE CHESAPEAKE, VIRGINIA If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 08/10/01BAP AGENDA\08-14-01 .PLN www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~n~a Beach, V~rg~n~a August 14, 2001 Mayor Meyera E Oberndorf called to order the Brtefing VIRGINIA BEACH COMPENSATION PLAN tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, August 14, 2001, at 3 O0 P M Counctl Members Present Ltnwood 0 Branch, III, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Absent Margaret L Eure Wtlham W Harrtson, Jr [Vacatton- Church tour of Greece] [Entered 3 12 P MI Nancy K Parker [Entered 3 I O P M ] Rosemary Wilson [Entered, 3 10 PM] -2- AGENDA RE VIEW SESSION 3:00 P.M. ITEM #48483 J3 Or&nance to authortze temporary encroachments tnto a portton of Ctty property known as Lake Wesley at 505 Kerry Lane (Croatan) by }VA YNE C. and THERESA B. SA }VYER re rip rap/gangway/floatmg dock, and, authortze the Ctty Manager to execute the Agreement (DISTRICT 6- BEA CH) (Deferred 6/26/01 and 7/10/01) Vtce Mayor Sessoms advtsed an agreement has been reached wtth the concurrence of the restdents who have requested this ttem be placed on the Consent Agenda Deputy Ctty Attorney Macah advtsed the Ordtnance has been revtsed and wtll be dtstrtbuted to Ctty Counctl dehneattng the encroachment shall be reduced approxtmately 8feet ITEM # 48484 J 4 Mental Health, Mental Retardation and Substance Abuse Servtces (MHMRSA) : b Solutton re the FY 2001-02 performance contract between the Vtrgtnta Beach Community Services Board (CSB) and the Vtrgtnta Department of Mental Health, Mental Retardatton and Substance Abuse Servtces (MHMRSA) Asststant Ctty Attorney Larry Spencer referenced amendment on hne 18 "which wtll provtde $16. 946. 646 tn state controlled and per_formance contract funds to the CSB~,~,.,~,~,,,~,"----'-'-' .... a ,"~",,~o local ,,,~,,,.,v,'-' fincludtng local match) ITEM # 48485 BY CONSENSUS, the followtng shah compose the CONSENT AGENDA: ORDINANCES/RES OL UTION `11 Ordmance to AMEND 3~ 31-61 of the Ctty Code re mcreastng the tipping fee at the Ctty's landfill, effecttve 1 July 2001 J2 Or&nance to authorize the acqutsttton of property tn fee stmple for the right-of-way for Corporate Landing Parkway/Culver Lane re acqutsttton of title to the last parcel of land, and, the acqutsttton of temporary and permanent easements, either by agreement or condemnatton (DISTRICT 7 - PRINCESS ANNE) .13 Ordtnance to authortze temporary encroachments tnto a portton of Ctty property known as Lake Wesley at 505 Kerry Lane (Croatan) by }VA YNE C. and THERESA B. SA WYER re rtp rap/gangway/floattng dock. and, authortze the City Manager to execute the Agreement (DISTRICT 6- BEA CH) (Deferred 6/26/01 and 7/10/01) August 14, 2001 -3- AGENDA RE VIEW SESSION ITEM # 48485 (Continued) d 4 Mental Health, Mental Retardatton and Substance Abuse Servtces (MHMRSA) : Ordinance to A CCEPT and APPROPRIATE $ 743,114 from the Vtrgtnta Department of Mental Health, Mental Retardation and Substance Abuse Servtces (MHMRSA) and $70,940 from the federal government to the FY 2001-02 operattng budget of the City Department of MHMRSA re increased services, and, esttmated revenue from the Commonwealth be mcreased accor&ngly Resolution re the FY 2001-02 performance contract between the Vtrgtnta Beach Community Services Board (CSB) and the Vtrgtnta Department of Mental Health, Mental Retardatton and Substance Abuse Services (MHMRSA) J5 Ordtnance to ACCEPT and APPROPRIATE a $108, 867 grant from Opportunity, Inc of Hampton Roads (HR WDB) to the FY 2001-02 operattng budget of the Department of Parks and Recreatton re tmplementtng a workforce evelopment for the 2001 Year-Round Youth program(s) J6 Ordtnance to ACCEPT and APPROPRIATE grants of $26, 700 and $13, 783from the Vtrgmta Office of Emergency Medtcal Services (EMS) to the FY 2001-02 operattng budget of the Department of EMS re the purchase of defibrdlators, other supphes and equtpment, and, esttmated revenue from the Commonwealth be tncreased accordtngly License Refunds: $125,569.87 Item J 3 wtll be ADOPTED, BY CONSENT, AS REVISED Item J 4 b wtll be ADOPTED, BY CONSENT, AS REVISED. August 14, 2001 -4- AGENDA RE VIEWSESSION ITEM # 48486 K1 RECONSIDERATION: Apphcattons of BILLY W. CHAPLAIN on the west side of Washington Avenue, south of Vtrgtnta Beach Boulevard (849 and 853 Vtrgtnta Beach Boulevard) (DISTRICT 6 - BEACH) Change of Zontng Dtstrtct Classtficatton from A-12 Apartment Dtstrtct and RT-3 Resort Tourtst Dtstrtct to Conchttonal B-2 CommumtF Bustness Dtstrtct, contatntng 23, 850 square feet b Conchttonal Use Permtt. fora bulk storageyard, contatmng 19, 000 square feet Thts ttem shall be APPROVED, BY CONSENT Mayor Oberndorf, Counctl Members Parker and Wtlson wtll vote a VERBAL NAY. ITEM # 4848 7 K 2 Apphcatton of BRUCE MIMRAN for a Modification of Condition No. 15 re hours of operatton on the Aprtl 11, 2000, approved Con&ttonal Use Permtt for an outdoor recreatton_facth~ on the north stde of]5th Street extendtng between Atlantic Avenue and Pactfic Avenue (DISTRICT 6 - BEACH Counctl Lady McClanan chd not understand the opposttton Her tmpresston was thts ts a vahd request Vtce Mayor Sessoms belteves the tssue relate to the norse as there ts an adjacent Church and restdenttal houstng ITEM # 48488 K3 Apphcatton of JOYNT ENTERPRISES INC., for a Modification of Condition No. 5 re a stgn, on the July 13, 1999, approved Con&ttonal Use Permtt for motor vehtcle sales and servtce at the southeast corner of Vtrgtnta Beach Boulevard and Kellam Road (4753 Vtrgtma Beach Boulevard), contamtng 30, 000 square feet (DISTRICT 4 - BA YSIDE) Deputy Ctty Attorney Wtlham Macah advtsed dtscusston of , loynt Enterprtses, Inc , ts hsted for dtscusston durtng the Closed Session Vtce Mayor Sessoms wtll ABSTAIN on thts ttem ITEM # 48489 K4 Apphcattons for multiple use commumcatton towers tn behalf of TRITON PCS on the north stde of McComas Way, west of General Booth Boulevard, contatmng 3 53 acres (DISTRICT 7 - PRINCESS ANNE) a CROWN COMMUNICATION Condtttonal Use Permtt to construct a tower VIRGINIA STORAGE, LLC (Davtd W Gathng) rea Modification of Proffers to allow a 90' tower, tn the Condtttonal Change of Zontng approved by Ctty Counctl on December 7, 1999 Counctl Lady Henley has questtons for the apphcant, parttcularly relattve the need for a 90-foot instead of a 70-foot tower As many of these wtll be revtewed by Ctty Counctl because of the mcreased demand for technology, the Ctty Counctl must be assured the standards are adequate Thts ttem wtll be dtscussed durtng the Formal Sesston August 14, 2001 -5- ,4 GEND,4 RE VIE W SESSION ITEM # 48490 K5 Apphcattons for enlargement of nonconforming uses (DISTRICT 5 - L YNNHA VEN) be SHERYL ,4NN ROBINS re alterattons and addtttons to a stngle-famtly dwelhng at 5303 Ocean Front Avenue (6, 625 square feet) Vice Mayor Sessoms referenced Dave Jester advtsed the North Vtrgtnta Beach Ctvtc League had concerns relattve thts item, but would try to solve these concerns prtor to the Formal Ctty Counctl Sesston Counctlman Harrtson advtsed these concerns have been resolved ITEM # 48491 K 6 Apphcatton of PUNGO FERRY, INC., for a Condtttonal Use Permtt for a I 5-acre borrow pit on the south stde of Pungo Ferry Road, 1350 feet west of Prtncess Anne Road (2165 Pungo Ferry Road), containing 48 acres (DISTRICT 7 - PRINCESS ANNE) Vtce Mayor Sessoms, advtsed the apphcant has requested thts ttem be REFERRED B,4CK TO THE PL,4NNING COMMISSION Counctl Lady Henley advtsed there wtll be opposttton tn attendance ITEM # 48492 K 7 Apphcatton of BONIT,4 ,4. LINDENBERG for a Condmonal Use Permtt for a home occupation (Certified Pubhc Accountant) at 3012 Balsam Ptne Court, contatntng 12,289 485 square feet (DISTRICT 3 - ROSE HALL) Counctl Lady McClanan referenced the correspondence from the Lynnhaven Woods Ctvtc League If the gentleman who spoke at the Planntng Commtsston tn opposttton ts not tn attendance, Counctl Lady McClanan wtshed to add the Condttton The Conditional Use Permit shall be valid for one year, at which time it will return to City Council. Prtor to the meettng, Council Lady McClanan wtll try to speak wtth the apphcant or her attorney to determine tf thts condttton ts agreeable ITEM # 48493 K 8 Apphcatton of,4NCIENT,4RT T,4 TTO0 STUDIO LTD., for a Condtttonal Use Permtt for a tattoo parlor at the northwest tntersectton of Cleveland Street and Opal Avenue (4978 Cleveland StreeO, contatntngl 2626 acres (DISTRICT 2- KEMPSVILLE) Deputy Ctty Attorney Wtlham Macah referenced the Revtsed Condtttons The Con&ttonal Use Permit for a tattoo parlor ts approved for one (1) year The apphcant map reappl_¥_for a Conchttonal Use Permtt pursuant to the provtstons Of the Ct_O; Zontng Ordinance at the exptratton of the one ¥ear pertod and thts apphcatton map be made prtor to the termtnatton o_f the one (1) _¥ear pertod &giiage aii,,5~or Neon stgnage qf an¥ type acceiits shall not be permttted tn or on the windows and/or doors of the estabhshment August 14, 2001 -6- AGENDA RE VIE W SESSION ITEM # 48494 Kll Apphcatton of FRANCES MOSCOPOLOS and THE RESERVE 2000, INC., for a Change of Zomng Dtstrtct Classtficatton from R-7 5 Restdenttal to Condtttonal A-12 Apartment wtth D-H2 Planned Untt Development on the west side of Wttchduck Road, 420feet north of Wttchduck Court, contatntng 12 acres (DISTRICT 4 - BA YSIDE) Thts ttem shall be DEFERRED BY CONSENT, unttl the City Counctl Sesston of August 28, 2001, as long as there ts no regtstered OPPOSITION ITEM # 48495 B Y CONSENSUS, the followtng shall compose the PLANNING BY CONSENT AGENDA: K1 RECONSIDERATION: Apphcattons of BILLY W. CHAPLAIN on the west stde of Washtngton Avenue, south of Vtrgmta Beach Boulevard (849 and 853 Vtrgtnta Beach Boulevard) (DISTRICT 6 - BEACH) Change of Zontng Dtstrtct Classtftcatton from A-12 Apartment Dtstrtct and RT-3 Resort Tourtst Dtstrtct to Conchttonal B-2 Communtt¥ Bustness Dtstrtct, contatmng 23, 850 square feet b Conchttonal Use Permttfor a bulk storage yard, contatnmg 19, 000 square feet K2 Apphcatton of BRUCE MIMRAN for a Modification of Condition No. 15 re hours of operation on the Aprtl 11, 2000, approved Condtttonal Use Permtt for an outdoor recreatton_facthty on the north stde of]5th Street extendtng between Atlanttc Avenue and Pactfic Avenue (DISTRICT 6 - BEACH) K3 Apphcatton of JO YNT ENTERPRISES INC., for a Modification of Condition No. 5 re a stgn, on the July 13, 1999, approved Condtttonal Use Permtt for motor vehicle sales and servtce at the southeast corner of Vtrgtnta Beach Boulevard and Kellam Road (4753 Vtrgtnta Beach Boulevard), contatntng 30, 000 square feet (DISTRICT 4 - BA YSIDE) K 5 Apphcattons for enlargement of nonconforming uses (msrmcr s- YNNHA VEN) ge THOMAS E. and MARY C. COULBOURN re alterattons and addtttons to a garage apartment at 113 54th Street (6, 625 square feet) SHERYL ANN ROBINS re alterattons and addtttons to a stngle-famtly dwelhng at 5303 Ocean Front Avenue (6, 625 square feet) K7 Apphcatton of BONITA A. LINDENBERG fora Condtttonal Use Permtt for a home occupatton (Certtfied Pubhc Accountant) at 3012 Balsam Pine Court, contatntng 12,289 485 square feet (DISTRICT 3 - ROSE HALL) K8 Apphcatton of ANCIENT ART TA TTO0 STUDIO LTD., for a Conchttonal Use Permtt for a tattoo parlor at the northwest tntersectton of Cleveland Street and Opal Avenue (4978 Cleveland StreeO, contamtngl 2626acres (DISTRICT 2- KEMPSVILLE) August 14, 2001 -7- AGENDA RE VIEW SESSION ITEM # 48495 (Continued) K9 KIO Kll K13 Apphcatton of FRANK YACONIELLO - AUTO PARTS INTERNATIONAL INC., t/a THE BUGHOUSE for a Condtttonal Use Permit for the sale qf auto parts and an automobtle repatr factht_¥ at the northwest corner of Southern Boulevard and Southgate Avenue (5024 Southern Boulevard), containing ]8,125 square feet (DISTRICT 2 - KEMPSVILLE) Apphcatton of STAR OF THE SEA CHURCH for a Con&ttonal Use Permtt for a commerctal/church parktng lot at the northwest corner of Pacific Avenue and ]5th Street (1500 Pactfic Avenue), contatmng 22,500 square feet (DiStRIct 6- BEACH) Apphcatton of FRANCES MOSCOPOLOS and THE RESERVE 2000, INC., for a Change of Zontng Dtstrtct Classtficatton from R-7 5 Restdenttal to Condtttonal A-12 Apartment wtth D-H2 Planned Unit Development on the west stde of Wttchduck Road, 420 feet north of Wttchduck Court, contatmng 12 acres (DISTRICT 4 - BA YSIDE) Apphcatton of OCEAN TIDE ASSOCIA TES for a Change o_f Zontng Dtstrtct Classtficatton from B-4 Resort Commerctal Dtstrtct to A-18 Apartment Dtstrtct wtth a PD- H2 Planned Untt Development Dtstrtct Overlay on the south stde of Shore Drtve, west of Jade Street on Lots 1 and 2. Block 7, Plat of Lynnhaven Shores, contatntng 12,1968 square feet (DISTRICT 5 - L YNNHA VEN) Mayor Oberndorf, Counctl Members Parker and Wtlson wtll vote NAY on Item K 1 Item K 7 wtll be APPROVED, BY CONSENT, for a pertod of one year, then returned to Ctty Counctl Item K 8 wtll be APPROVED, BY CONSENT, wtth revtsed conchttons Item K 11 wtll be DEFERRED, BY CONSENT, unttl the City Councd Session of August 28, 2001 August 14, 2001 -8- CITY COUNCIL COMMENTS 3:20 P.M. ITEM # 48496 Counctl Lady Henley referenced the Ctty's receipt of a $50, O00 grant for the development of the Lynnhaven River Watershed Management Plan. Counctl Lady Henley congratulated the staff on thetr excellent endeavors tn procurtng thts grant for an envtronmental restoratton study of the Lynnhaven Waterways are very tmportant to the Ctty During the Communtty Conversattons and the Comprehenstve Plan meettngs, waterways and natural waterways were the top priorities voiced by citizens ITEM # 48497 Counctl Lady Henley referenced the "Wild River Guide to the North Landing River and its Tributaries" wrttten by Ltlhe Gtlbert and Vtckte Shufer Thts ts a magnificent book contatntng more tnformatton than any encyclope&a volume The cost ts very reasonable, approxtmately $15.95. Thts book ts the first of a sertes and ts a magntficent volume Informatton, both ora phystcal and htstortcal nature, are contained wtthtn the book Currently the authors are wrtttng another book relattve the Dtsmal Swamp and a future e&tton will encompass Back Bay The authors have personally st#ned Counctl Lady Henley's volume Mayor Oberndorf advtsed Borders are currently selhng thts e&tton ITEM # 48498 Counctlman Branch referenced the City Council Retreat Frtday August 10 and 11, 2001 Counctlman Branch beheves all the goals were accomphshed from last year's Retreat and admtrable goals have been devtsed for thts year ITEM # 48499 Councilman Branch further advtsed tn thts week's issue of Port Folio Magazine, ten (10) tourtsts were mtervtewed from all around the Untted States The comments concerntng Vtrgtnta Beach should be read wtth prtde On a scale ofl-lO, the lowest rattng the Ctty recetved was 8 As one of the tourtsts had been to Parts and classtfied Parts as a "10", an 8 ts "not bad" The cleanhness of the beach, the Marme Sctence Museum, entertatnment program and shopptng opportuntttes, as well some of the Norfolk attracttons were &scussed ITEM # 48500 Mayor Oberndorf referenced thedoel Rubtn Show, Monday, August Thtrteenth at 12 30 P M Ttm Kane was being tntervtewed as the week before the Repubhcan Lteutenant Governor was tntervtewed Jtm Ohver and Pat Lackey from The Vtrgtman Ptlot were tntervtewed They were &scusstng the abysmal job of the State relattve educatton and financtng Jtm Ohver explained the Dillon Rule where everything ts controlled by the General Assembly until the ctttes are gtven exphctt permtsston Someone referenced the State contends the poor manner tn whtch the ctttes manage their money Jtm Ohver and Pat Lackey &sa#reed and stated thts certainly does not speak for the Ctttes of Norfolk and Vtrgtnta Beach, who do an e~:cellent job wtth money management Jtm Spencer of the Datly Press concurred These two ctttes are the "benchmark" role models for ctttes elsewhere Mayor Oberndorf recetved comphments from restdents tn Wtlhamsburg and Charlottesvtlle relattve the beach ITEM # 48501 Counctlman Man&go advtsed thts was hts second City Counctl Retreat and he throughly enjoyed theprocess and beheved the Counctl Members worked cooperattvely The ctttzens who are most vocal tn thetr crtttctsms &d not attend thts Retreat Counctlman Man&go beheved thts Retreat was one of the most tmportant meetmgs of Ctty Counctl and these tnchvtduals should be present and observe The Ctty's accomphshments were revtstted Counctlman Branch comphmented Counctlman Man&go and satd thts ts the first ttme an tntersectton made the top prtortty hst August 14, 2001 -9- CITY COUNCIL COMMENTS ITEM # 48502 Mayor Oberndorf referenced the correspondence from the Ctty Clerk relattve Hohdays on Ctty Counctl Tuesdays September 18 November 6 December 11 January 1 First day of Rosh Hashannah National Election Day Second day of Hanukkah New Year's Day - 2002 Work Session Regular Session Regular Session Regular Session Mayor Oberndorf and Vtce Mayor Sessoms wtll confer on proposed ttmes and advtse ITEM # 48503 Mayor Oberndorf advtsed she had hosted a stx member delegatton of Dominican Republic military today, Tuesday, August 14, 2001 The delegatton led by Brtgadter General Ramtrez, was provtded a presentatton by Robert Matthtas, Asststant to the City Manager, on how the Ctty tnteracts with the mthtary and a presentatton on economtc development opportumttes by Donald Maxwell, Dtrector of Economtc Development Phtl Roehrs, Pubhc Works, provtded a brtefing on the City's beach nourtshment project, as well as other Pubhc Works' efforts The delegatton was brought to Vtrgtnta Beach through the efforts of Commander Joe Moeglhn, the Naval Attache' tn the Untted States Embassy tn the Domtmcan Repubhc These rtstng stars of the Domtntcan Repubhc mthtary were greatly tmpressed wtth the cooperatton between Vtrgtma Beach and the mthtary, and the city's tmpresstve beautification efforts Mayor Oberndorf extended apprectatton to all the staff tnvolved for ensurtng thts vtstt was a success ITEM # 48504 Counctlman Harrtson advtsed he stated, tn the presence of the Press, durtng the Ctty Counctl Retreat any plan that wtpes out a fifty-year old estabhshment ts a "stupid plan". Counctlman Harrtson beheved Counctlman Jones supported htm as to the formation of a Resolutton urgtng the professtonals to approve Shore Drtve and the wtdentng of the Lesner Brtdge Next year ts the year of the "duck" Anyplan that wtpes out the Duck Inn ts not a good plan Counctl Lady PVtlson referenced condommtums on the other stde wouM also be affected The Ctty Attorney was requested to devtse the approprtate resoluttons for counctl's constderatton August 14, 2001 -lO- ITEM # 48505 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butl&ng, on Tuesday, August 14, 2001, at 3 35 PM Counctl Members Present Ltnwood 0 Branch, III, Wtlham W Harrison, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Absent Margaret L Eure August 14, 2001 -11- ITEM # 48506 Mayor Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose PERSONNEL MA TTERS Dtscusston, constderatton or tntervtews of prospecttve can&dates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, dtsctphntng, or restgnatton of specific pubhc officers, appotntees, or employees pursuant to Sectton 2 1-344 (A) (1) To Wtt Appotntments Boards and Commtsstons Board of Zomng Appeals Communtty Servtces Board Development Authortty Resort Advtsory Commtsston Soctal Services Board Performance/Contract Negottatton Ctty Manager PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meetmg would adversely affect the bargatntngposttton or negottattng strategy of the pubhc body pursuant to Section 2 1-344(A)(3) Agrtcultural Reserve Program -Prtncess Anne Dtstrtct 1-264 and Lynnhaven property Acqutsttton of Property - Beach Dtstrtct LEGAL MATTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other spectfic legal matters requesttng the provtston of legal advtce by counsel pursuant to Sectton 2 1-344(A)(7) Joynt Enterprtses, Inc v Ctty Council Contractual Negottatton- City Manager's Employment Contract Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl voted toproceed tnto CLOSED SESSION. Vottng 10-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, V/tlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary ~tlson Counctl Members Vottng Nay None Counctl Members Absent Margaret L Eure (Time of Closed Session: 3:35 P.M. to 5:50 P.M.) August 14, 2001 - 12- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL August ld, 2001 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Council Chamber, Ctty Hall Butldmg, on Tuesday, August 14, 2001, at 6 O0 P M Counctl Members Present Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Absent Margaret L Eure INVOCATION Reverend John Boyer Grace Commumty Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED he wall ABSTAIN on Item K 3 (doynt Enterprtses, Inc), however, there were no other matters on the agenda tn whtch he has a "personal mterest", as defined tn the Act, esther tndtvtdually or tn hts capacity as an officer of Wachovta Bank The Vtce Mayor regularly makes thts Dtsclosure as he may not know of the Bank's tnterest tn any apphcatton that may come before Ctty Council Vtce Mayor Sessoms' letter January 2, 200 l, ss hereby made a part of the record August 14, 2001 Item IV-E - 13- CER TIFICA TION OF CLOSED SESSION ITEM # 48507 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng requtrements by Vtrgmta law were dtscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc business matters as were tdenttfied tn the motton convening the Closed Sesston were heard, dtscussed or constdered by' Vtrgtnta Beach City Counctl Vottng 10-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, dr, Barbara M Henley, Louts R clones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wdson Counctl Members Vottng Nay None Council Members Absent Margaret L Eure August 14, 2001 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS. The V~rglma Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded m ITEM #48506 page 11, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS Section 2 1-344 of the Code of Vlrglma requires a certification by the governing body that such Closed Session was conducted in conformity with Vlrglma law NOW, THEREFORE, BE IT RESOLVED That the Vlrglma Beach City Councd hereby certifies that, to the best of each member's knowledge, (a) only pubhc business matters lawfully exempted from Open Meeting reqmrements by Virginia law were d~scussed in Closed Session to which th~s certification resolution apphes; and, (b) only such public bus~ness matters as were ~dentlfied m the motion convening this Closed Session were heard, discussed or considered by V~rglma Beach C~ty Council --R/uth Hodges~Smlth, MMC C~ty Clerk August 14, 2001 Item IV-F. 1. -14- MINUTES ITEM # 48508 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED, AS AMENDED, the Mtnutes of the INFORMAL AND FORMAL SESSIONS of August 7, 2001. CORRECTED Pages 1 and 9 were distributed: On Page 1, Council Lady Henley was not listed as being absent from the Development Authority Annual Report: Council Members Absent: Mayor Meyera E. Oberndorf Margaret L. Eure William IF. Harrison, Jr. [Out of City on Vacation with Family] [Vacation - Church tour of Greece] [Entered: 12:40 P.M.] Barbara M. Henley [Council Ladl~ Henlel~'s mother had an accident and she was taking her to the doctor] On Page 9, ITEM # 48451 Counctl Lady Henley was hsted incorrectly as bemg a Ltatson for the Southeastern Parkway and Greenbelt There wtll be a formal presentatton of the Joint Land Use Study between the Ctttes of Vtrgtnta Beach and Chesapeake on the Southeastern Parkway. The Ltatsons are Counctl Members Branch and lleidey. Eure Vottng 9-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, ,Ir, Barbara M Henley. Louts R clones, Reba S McClanan, Robert C Man&go, `ir, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Abstatntng Mayor Meyera E Oberndorf Counctl Members Absent Margaret L Eure Mayor Oberndorf ABSTAINED as she was not tn attendance durtng the City Counctl Sesston of August 7, 2001 August 14, 2001 - 15- Item IV-G 1 ADOPT AGENDA FOR FORMAL SESSION ITEM # 48509 BY CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION August 14, 2001 -16- Item IV-H. 1. PRESENTATION ITEM # 48510 Mayor Oberndorf PRESENTED: ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Government Finance Officers Association Patrtcta A Phtlhps, Dtrector- Department of Ftnance, accepted the Plaque This Certificate ts the htghest form of recognttton tn governmental accounting and financtal report and was recetved tn recognttton of the comprehensive annual report (CAFR) Thts ts the twenty-second certificate recetved by the Ctty Mrs Phtlhps expressed apprectatton to Robert Hays - Comptroller, Don Barnett, Rtchard Lester, Rtch Dunford and Nancy Leavttt August 14, 2001 -17- Item IV-H. 2. INTR OD UCED ITEM # 48511 Mayor Oberndorf tntroduced the followtng Boy Scouts to earn their mertt badges BOY SCOUT TROOP 490 Christopher Yaconiello Troop Leader: Joe Camaco Sponsored by St. Gregory's Catholic Church BOYSCOUT TROOP 463 Troy Blanchard }Vycliff Presbyterian Church BOYSCOUT TROOP 62 Scott Blanchard Sponsored by Scott Memorial Methodist Church August 14, 2001 - 18- Item IV-I. 1. PUBLIC COMMENT ITEM # 48512 NIMMO PARKWA Y/SANDBRIDGE ROAD Lease The followtng registered tn SUPPORT: Wynne Rentz, Sandbrtdge Road Improvement Coahtton (SRIC)801 Costa Grande Drtve, 23456 Phone 340-8001 Ms Rentz tntroduced tn attendance Eve Estes Butts - Back Bay Restoratton Foundatton Chtsttna Mtlls- Chesapeake Bay Foundatton Becky Plate - Ctttzens for Stumpy Lake Molly Brown - Friends of Back Bay Sue Carlyle -Vtrgtnta Beach Chapter of the Nattonal Audubon Soctety, Steve Vtnson - SA VE, and, denny Owens -Sterra Club Henry Gardner, Sandbrtdge Civic League, 2961 Sandfiddler Road 23456, Phone 721-3809 Herb done& 2313 Sandptper Road, 23456, Phone 721-1103 Fred Greene, represented Back Bay Restoratton Foundatton, 316 Teal Crescent, 23456, Phone 721-3816 The followtng regtstered tn OPPOSITION Andrea Ktlmer, Frtends of Ferrell Parkway, 801 Costa Grande Drtve, 23456, Phone 340-8001 Sue Foy, 4235 Chartty Neck Road, 23451, Phone 426- 7336 Ann Henley, 2112 Colechester Road, 33456, Phone 426-6991 Attorney Carol Eason, 1100 One Columbus Center 23462, Phone 497-6633, requested the Ctty Counctl afford the Supreme Court the opportumty to complete thetr revtew Adam Rttt, 908 Esqutana Court, 23456, Phone 426-9393 Maxtne Graham, 3057 S Sandptper Road, 23456, Phone 721-3000 dane Bloodworth Rowe, 608 Ocean Lakes Drtve, 23454, Phone 426-3053 August 14, 2001 -19- Item IV-J. ORDINANCES/RESOL UTION ITEM # 48513 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council APPROVED IN ONE MOTION, Or&nances/Resolutton 1, 2, 3 (AS REVISED), 4a, 4b (AS REVISED), 5, 6, and 7 of the CONSENT,4 GENDA. Item 3 and 4. b. were ADOPTED, AS REVISED, B Y CONSENT. Vottng 10-0 (By ConsenO Councd Members Votmg Aye Ltnwood 0 Branch, IIL Wtlham IV. Harrison, dr, Barbara M Henley, Louts R clones, Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wilson Counctl Members Vottng Nay None Council Members Absent Margaret L Eure August 14, 2001 - 20- Item IV-J 1 ORDINANCES/RESOL UTION ITEM 1148514 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance to AMEND ~ 31-61 of the Ctty Code re tncreastng the tipping fee at the Ctty's landfill, effecttve 1 July 2001 Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent Margaret L Eure August 14, 2001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO AMEND THE CITY CODE BY INCREASING THE TIPPING FEE AT THE CITY'S LANDFILL SECTION AMENDED- ~ 31-61 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 31-61 of the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: Sec. 31-61. Use charges. (a) Effective as of July 1, 2001, There there shall be a fee of fifty dollars and fifty cents {$50.50} fifty-four dollars ($54.00) per ton, or a fifteen dollar ($15.00) minimum charge for less than one ton, or any part thereof, for all sanitary solid waste, refuse, debris or garbage generated solely within the city and deposited at the city refuse disposal areas; provided, however, that residents of the city depositing sanitary solid waste, refuse, debris, or garbage generated solely from their households may deposit the same free of charge. (b) There shall be a fee of seventy-five cents ($0.75) per passenger and light truck tire and five dollars ($5.00) per truck tire for cutting and disposing of tires at the city refuse disposal areas. 24 25 Adopted by the Council of the City of Virginia Beach, Virginia, on this 14~h day of August, 2001. CA-8220 F' \Data\ATY\OrdinkPROPOSEDk31-061. ord. wpd August 7, 2001 R-1 Item IV-J. 2. - 21 - ORD INANCES/RES OL UTION ITEM #48515 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED: Ordinance to authorize the acqmsttton of property tn fee simple for the right-of-way for Corporate Landing Parkway/Culver Lane re acqutsttton of title to the last parcel of land, and, the acqutsttton of temporary and permanent easements, either by agreement or condemnation (DISTRICT 7- PRINCESS ANNE) Vottng l O-O (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, dr, Barbara M Henley, Louts R clones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Margaret L Eure August 14, 2001 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR CORPORATE LANDING PARKWAY/CULVER LANE (CIP 2-004) AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway project and intersection improvements to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections 15.2-1901, et seq., Code of Virginia of 1950, as amended, of all that certain real property in fee simple, including temporary and permanent easements and fight-of-way (collectively the "Property") as shown on the plans entitled "CORPORATE LANDING PARKWAY/CULVER LANE WIDENING" (the "Project"), and more specifically described on the acquisition plat for the Project entitled: "PLAT OF PROPERTY OF FRANKLAND PAUL & MARGARET BABONIS (PARCEL #003) AS DESCRIBED IN DEED BOOK 3799 AT PAGE 17 TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH FOR CORPORATE LANDING PARKWAY/CULVER LANE FROM EXISTING CORPORATE LANDING TERMINUS TO MULLHOLLAND DRIVE · CIP 2-044" (collectively the "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in the Property. If refused or ~f the owners are unable to convey title to the property, the City Attorney is hereby authorized to institute proceedings to condemn the Property. Adopted by the Council of the C~ty of Virginia Beach, Virginia, on the 14th day of August ,2001. -- APPROVED AS TO CONTENTS SIGNATURE /DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ' CITYA~TORNEY ' LOCATION MAP ! ! :1" -- ! / / / / N, \ I / \/ 241ff-4811'4208 '~ ,' ~ I I I I I 24 .'/t' 1247 GPIN 2~15-$0.$909 / AR~ TO / \ / // /to f ~ / / / o LOCATION MAP FOR PROPERTY OF FRANKLAND PAUL & MARGARET BABONIS 1247 CULVER LANE GPIN 2415-30-5909 SCALE: 1" = 100' 2415-30 1 ! ! ! ! ! ! I I I / / CULVER AGENDA. DGN M.J.S. PREPARED BY P/W ENG. DRAFT. 31-JUL-200'I '11 Item IV-&3. - 22 - ORDINANCES/RES OL UTION ITEM g48516 Attorney Carol Eason, 11 O0 One Columbus, Phone 497-6633, presented stgnatures of restdents tn support of the pier as mo&fled Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED, AS RE VISED: Ordtnance to authortze temporary encroachments tnto a portton of CtO, property known as Lake Wesley at 505 Kerry Lane (Croatan) by WA YNE C. and THERESA B. SA WYER re rtp rap/gangway/floattng dock, and, authortze the Ctty Manager to execute the Agreement (DISTRICT 6 - BEACH) (Deferred 6/26/01 and 7/10/01) The followtng condtttons shall be requtred ~e satd encroachments shall extend no further channelward than 82 5feet from the apphcant ~ extsttng wooden bulkhead Prior to conttnutng wtth the constructton of the proposed temporary encroachment, the apphcants shall provtde a revtsed drawtng, sealed by a regtstered professtonal engtneer or regtstered land surveyor, reflecttng that the temporary encroachments comply wtth the condtttons contatned tn thts ordinance, a copy of whtch wtll be placed on file tn the Department of Pubhc Works and to whtch reference wtll be made for a more parttcular descrtptton That the temporary encroachments authortzed by thts or&nance shall be expressly subject to those terms, condtttons and crtterta contatned tn an agreement between the Ctty of Vtrgtnta Beach and the apphcants, which agreement shall be executed by the apphcants prtor to conttnutng wtth the constructton of the proposed temporary encroachments and the provtstons of whtch shall be tncorporated by reference heretn The temporary encroachments wtll be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgtnta and the Ctty of Vtrgtnta Beach, and tn accordance wtth the Ctty's spectficattons and approval The temporary encroachments heretn authortzed termtnate upon nottce by the Ctty to the apphcants, and that wtthtn thirty (30) days after the nottce ts gtven, the temporary encroachment must be removed from the encroachment area by the apphcant, and that the apphcant wtll bear all costs and expenses of such removal The apphcants shall mdemntfy 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 existence of the temporary encroachment Nothtng heretn contatned shall be construed to enlarge the permtsston and authortty to permtt the matntenance or construction of any encroachment other than that spectfied heretn and to the hmtted extent spectfied heretn, nor to permtt the matntenance and constructton of any encroachment by anyone other than the apphcants 8 The apphcants agree to matntatn the temporary encroachment so as not to become unstghtly or a hazard August 14, 2001 Item IV4.3. - 23 - ORDINANCES/RESOLUTION ITEM #48516 (Continued) 10 11 12 The apphcant must obtatn and keep tn force all-rtskproperty insurance and general habthty or such tnsurance as ts deemed necessary by the Ctty, and all tnsurance pohctes must name the Ctty as addtttonal named tnsured or loss payee, as apphcable The apphcants agree to carry comprehenstve general habdtty tnsurance tn an amount not less than $500,000, combtned stngle hmtts of such tnsurance pohcy or poltctes The apphcants wdl provtde endorsements provtdtng at least thtrty (30) days wrttten nottce to the City prior to the cancellatton or termtnatton of, or matertal change to, any of the tnsurancepohctes The apphcants assume all responstbdtttes and habthttes, vested or conttngent, wtth relatton to the temporary encroachment The temporary encroachment must conform to the mtntmum setback requtrements, as estabhshed by the Ctty The apphcant must submtt for revtew and approval, a survey of the encroachment area, certtfied by a regtstered professtonal engtneer or a hcensed land surveyor, and/or "as butlt" plans of the temporary encroachment sealed by a regtstered professtonal engtneer, tf reqmred by either the Ctty Engtneer's Office or the Engtneertng Dtvtston of the Pubhc Uttltttes Department The Ctty, upon revocatton of such authortty and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the apphcants, and collect the cost tn any manner provtded by law for the collectton of local or state taxes, may requtre the apphcants to remove the temporary encroachments, and, pendtng such removal, the Ctty may charge the apphcant for the use of the encroachment area, the eqmvalent of what would be the real property tax upon the land so occupted tf st were owned by the apphcants, and tf such removal shall not be made wtthtn the time ordered heretn above by thts agreement, the Ctty may tmpose a penalty tn the sum of One Hundred Dollars ($100) per day for each and every day that the temporary encroachment ts allowed to conttnue thereafter, and may collect such compensatton and penalttes tn any manner provtded by law for the collectton of local or state taxes Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wdham W Harrison, ,Ir, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, MayorMeyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent Margaret L Eure August 14, 2001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Reconunended Ordinance AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY KNOWN AS LAKE WESLEY BY WAYNE C. AND THERESA B. SAWYER, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Wayne C. and Theresa B. Sawyer (hereinafter the "Applicants"), desire to construct and maintain rip rap, a gangway, and a floating dock into City property located at 505 Kerry Lane; and WHEREAS, pursuant to Sections 15.2-2009 and 15.2-2107 of the Virginia Code, the City Council is authorized to allow a temporary encroachments upon the City's right-of-way subject to such terms and conditions as it may prescribe; and NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Sections 15.2-2009 and 15.2-2107 of the Virginia Code, the Applicants, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for rip rap, a gangway, and a floating dock into City property, subject to the following conditions: 1. The said encroachments shall extend no further channelward than 82.5 feet from the Applicants existing wooden bulkhead; 2. Prior to continuing with the construction of the proposed temporary encroachments, the Applicants shall provide a revised drawing, sealed by a registered professional engineer or registered land surveyor, reflecting that the temporary encroachments comply with the conditions contained in this ordinance, a copy of which will be placed on file in the Department of Public Works and to which reference will be made for a more particular description; and 3. That the temporary encroachments authorized by this Ordinance shall be expressly subject to those terms, conditions and criteria contained in an Agreement between the City of V~rg~nia 36 37 38 39 40 41 42 43 44 45 46 47 Beach and the Applicants, which Agreement shall be executed by the Applicants prior to continuing with the construction of the proposed temporary encroachments and the provisions of which shall be incorporated by reference herein. BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager, or his authorized designee, is hereby authorized to execute the aforesaid Agreement on behalf of the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of August, 2001. 48 49 5O 51 CA-7994 wmmkordres\sawyeraltordin, wpd R-2 August 14, 2001 Item IV-J. 4. a. - 24 - ORDINANCES/RES OL UTION ITEM #48517 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Mental Health, Mental Retardatton and Substance Abuse Services (MHMRSA): Or&nance to ACCEPT and APPROPRIA TE $ 743,114from the Vtrgtnta Department of Mental Health, Mental Retardatton and Substance Abuse Servtces (MHMRSA) and $70,940 from the federal government to the FY 2001-02 operattng budget of the Ctty Department of MHMRSA re increased services, and, esttmated revenue from the Commonwealth be tncreased accor&ngly Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Margaret L Eure August 14, 2001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE TO ACCEPT AND APPROPRIATE $743,114 FROM THE STATE AND $70,940 FROM THE FEDERAL GOVERNMENT TO THE FY 2001-02 OPERATING BUDGET OF THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES TO PROVIDE INCREASED SERVICES TO CLIENTS WHEREAS, the City has received $743,114 in additional state funding and $70,940 in additional federal funding to provide increased services to clients of the Department of Mental Health, Mental Retardation and Substance Abuse Services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $743,114 from the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services and $70,940 from the federal government are hereby accepted. $328,186 of the state funds and the $70,940 in federal funds are hereby appropriated to the FY 2001-02 Operating Budget of the Department of Mental Health, Mental Retardation and Substance Abuse Services for the purpose of providing increased services to the Department's clients, as set forth below: (a) $306,485 of state funds to purchase services for children and adolescents with Serious/Emotionally Disturbed disorders; (b) $21,701 of state funds for additional mental retardation services; (c) $57,940 of federal funds to provide outpatient and outreach services to clients with AIDS; (d) $10,000 of federal funds for youth tobacco use prevention; and (e) $3,000 of federal funds to purchase substance abuse prevention materials. 2. That the remaining $414,928 in state funds accepted above are hereby appropriated to the FY 2001-02 operating budget of the City's Department of Mental Health, Mental Retardation and 36 37 38 39 4O 41 42 43 44 45 4~ 47 48 Substance Abuse Services, and existing appropriations in that amount contained in the Department's FY 2001-02 Budget that were made from fund balance in the MH/MR/SA Special Revenue Fund are hereby reduced and returned to the MH/MR/SA Special Revenue Fund. 3. That in the FY 2001-02 Operating Budget of the Department of Mental Health, Mental Retardation and Substance Abuse Services, estimated revenue from the Commonwealth is hereby increased by $743,114, and estimated revenue from the federal government is hereby increased by $70,940. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of August , 2001. Requires an affirmative vote by a majority of the members of the City Council. CA8215 NONCODE\MRMHServord. wpd August 2, 2001 R-4 APPROVED AS TO CONTENT: s Manageme~ APPROVED AS TO LEGAL SUFFICIENCY: Law Depa~tm~[ ~ v CITY OF VIRGINIA BEACH DEPARTMENT OF MHIMR/SA INCREASES IN FUNDING FOR FY 2001~2 SUMMARY SHEET CITY OF VIRGINIA BEACH DEPARTMENT OF MHIMR/SA INCREASES IN FUNDING FOR FY 2001-02 SUMMARY SHEET Source of Increase in Funding Amount of Fundin~l From To Increase State $5,434,183 $5,849,111 $414,928 State - 306,485 306,485 State 54,600 76,301 21,701 Federal - 57,940 57,940 Federal - 10,000 10,000 Federal - 3,000 3,000 Total increase $814,054 RICHARD E KELLOGG COMMISSIONER COMMONWEALTH of VIRGIN [A Department Of l~lental Health, Mental Retardation and Substance Abuse Services Post O.~e Box 1797 Telephone (804) 786-392'1 Votce/TDD (804) 371-8977 Richmond, I/irginla 23218..1797 www dmhmrsas state va us MEMORANDUM TO: Community Services Board, Behavioral Health Authority~ and Local Government Department Executive Directors FROM: SUBJECT: Payments for Purchases of Individualized Services (POISs) in SFY 2002 DATE: June 26 2001 The Department currently funds purchases of individualized services (POISs) for: persons with serious mental illnesses, Form 62: discharge assistance project (DAP); children and adolescents with serious emotional disturbance, Form 76: non-CSA mandated; and persons with mental retardation, Form 85: non-Waiver services. Wh~le these three types of POISs share common elements, each has been funded on a slightly different basis and has somewhat different reporting requirements. Some POISs feature prospective payment, while others pay retrospectively. For SFY 2002, the performance contract includes the Discharge Assistance Project (DAP) agreement, which moves the project from fixed to variable payments. [n order to establish streamlined and uniform funding processes and reporting requirements, ensure txmely disbursement of state funds to CSBs, and eliminate potential CSB cash flow problems for these POISs, the Department will fund and monitor all three types of POISs on the same basis for SFY 2002. The Department will determine an allocation for each CSB for each type of purchase of tndividualized services and notify CSBs of those allocations by July 16, 2001. For the DAP, allocations will be based on the annualized actual costs of individualized services plans approved at the end of SFY 2001, less possible adjustments for underutilization or delayed implementation. For non-CSA mandated children and adolescents, allocations will be based on the formula used to allocate funds in SFY 2001. Original SFY 2002 Letter of Notifieation enclosures showed a reduced amount for each CSB. These funds will be restored so that SFY 2002 _ .... allocations will equal the funding for SFY 2001. Payments for Purchases of Individualized Services (POISs) in SFY 2002 June 26, 2001 Page 3 Therefore, the CSB should ensure that monthly and quarterly reports aro consistent and that its financial and program staff are both involved in preparing the reports. To ensure that they can submit monthly and quarterly reports to the Department on time, CSBs should require that their contractors bill them on a timely basis, at least monthly and preferably semi-monthly. While the Department will make payments prospectively twice per month, based on these allocations, the Department will continue to perform concurrent utilization reviews of the approved individualized services plans or plans of care. Based on those reviews, the Department may adjust those allocations or subsequent pay~. ents during SFY 2002. Additionally, the Department's Office of Financial Review and Compliance may include reviews of a sample of records on POIS consumers in its regular financial reviews of CSBs. The results of these reviews may be reflected in adjusted allocations or reductions of subsequent payments. As recommended in proposed Senate budget amendments in the last General Assembly session, the Department may conduct mid-year reviews of expenditures of, services provided with, and consumers served through all three allocations at each CSB. Based on those reviews, the Department may realloeate funds among CSBs, on a one-time or permanent basis, or adjust subsequent payments during SFY 2002. SFY 2002 unobligated funds identified through these mid-year reviews or through concurrent utilization review activities may become available for one-time uses during SFY 2002. The Department will modify the current DAP ACCESS software so that it can be used to submit · automated monthly repons for all three types of purchases of individualized services (POISs). The tentative target date for completing these modifications is October 1,2001. Once the modified sof~,vare has been debugged and tested, the Department will provide it to all CSBs. The Department also will maintain this software, m~,~k~,g necessa,'3, future modifications to meet Department needs. · Until the modified software is available, CSBs should continue using the current DAP software and paper forms for non-CSA mandated and non-Waiver services POISs. Where appropriate and necessary, these actions constitute amendments, effective July 1, 2001, to the apphcable provisions of the SFY 2002 performance contract, including its Attachments. I believe these actions will: © © ease possible cash flow problems at some CSBs; - provide additional flexibility for CSBs to implement individualized services plans or plans of care, funded by these three POISs, as expeditiously as possible; and provide more predictable and stable funding information for budgetary and management purposes. vD dummuNi~Y b~ DKD D~PA, ['~x. (3(-4~U-L)KOD HU~ I UI .NT OF MENTAL HF'ALTII MENTAL RIYAl ON. AND SUBSTANCE ABUSE SERVICES DATE 07103101 I% UZ SERVICES BOARD WARRANT PAYABLE TO MAIL WARRANT TO FIN#: 54-0722061-00 V~rqmia R~ _ac..b._C.~j;Lm_.....m. jl.nj.~ Se~mes Board MS Pattj P__h~l.ios..D,rect0r 9f Fmaece ~!~of V~rg~ma Beach ~U~!~Joal Center VF~,n~a Be~h.~3456 This approval of a State Grant of Funds is authonzcd by Chapter 10. Title 37 1. Sections 37 1-194 through 37,1-200 of the Statues of Virginia and fur~ded by Item 329 of (he Appropna~ons Act Please be adwsed that funding for the programs indicated has been approved and submitted to the State Comptroller for payment PRO_GRAM Mental Ilealth S_ e_rv~_c_es_ Ongom_o Services MH General Funds (!_~ MH NGRI Discharge Ass. LStance Funds (2) MH Psvch~atnc Staff (3) Pu_rc_ha_s~ 9f Indw~dualiz~d _Se_tv!ce. MH p_ersons w~th SMI (Di_s_cha_rqe Assr Pro_LL.(~ Mil Chll.d..ren and Adolescents_ with SED (~ ___Soeoal Pro_mc~,s _ MH ResldenDal Servic_e_s,f0r SMI Mental Retardation Se,.rv,c. es On_ao~ng ~_e rvL~e s. MR_General Funds i'7) MR Fa_mflv. Suooorl (8) MR_ C_ h~!d_ren's Famdy Suo_oq_rt- (9) P.l~.cl3i~se of Individualized S.erv~ces MR N0rl-Wmver (10) _Substance Abuse Serv~c__es,- STATE 9ngo_!ne__~erv~ces SA General Fu_~ds__(11 ) SA Re~jo_n V Residentia! ~!_2._) One Time_SA GF Postoartunl Women Pr~e.c( (Jtr 6113/01). 115,826,00 0 00 974 00 o 20.920 O0 · 25,540 O0 24,425.00 . 64,807.00 2,523.00 · . 1,467.00 6.358.00 54,g68,00 3,148 00 0 00 Soe_ c_i_al Protects SA St_ate_ F_ac~lltv D~vers~on ~13~ 3,784 00 CONTINUED ON PAGE 2 SEE NOTES ON PAGES 4.§ REQUEST FOR WARRANT V~RGINIA BEACH COMMUNITY SERVICES BOARD PAGE 4 (1) (2) (3) (4) ~(5) Regular Funding Regular Funding Regular Funding Regular Funding Regular Funding (6) Regular Funding (7) Regular Funding 2,779,824 /24 23.381 /24 251,038'/24'2 306.485 ~4'2 ~ o 586,206 /24 1.555,379 124 113.828 00 0.00 97400 20.920 00 25.540 00 24,425,00 64,807 O0 (8) Regular Funding 60,553 124 2.523 00 (9) Regular Funding 35,200 /24 1,487 00 (10) Regular Funding 76,301 24°2 6.358.00 (11 ) Regular Funding 1.319,230 /24 54.968.00 (12) Regular Funding 75.544 124 3.148.00 (13) Regular Funding 90.822 124 3,784 00 (14) Regular Funding Regular Funding AdJusted Funding New Award 4,181 /4 /20 1,045.00 0 00 1.045.00 (15) Regular Funding 223,510 124 g,313 O0 (16) Regular Funding 8,183 /24 341 00 (17) Regular Funding 12,500 D4 521 00 (18) SA Alcohol FBG AIc FBG (Women's Set AsIde) Adjusted Funding 411.840 /24 83,639 /24 17,160 00 3,485.00 ... 20,645 00 (19) SA Drug FBG Drug FBG (Women's Set Aside) Adjusted Funding 497.856 /24 83,640 /24 20,744 00 3 485 00 24,229 00 CONTINUED ON PAGE 5 SEE NOTES ON PAGES 4-5 RICHARD E KELLOGG COMMISSIONER COMMONWEALTH of VIRGINIA Department Of ~}lental Health, ~?lental Retardation and Substance Abuse Services Post Off'tee Box 1797 Telephone (804) 786-3921 Vome/TDD (804) 371-8977' Richmond, I~trginia 23218-179 7 www dmhmrsas state va us Memorandum TO: Terry S Jenkans. Execunve Director Vlrg~ma Beach Community Services Board (# 075} SUBJECT: FROM: DATE: CSB/BHA Funding for NIP, Consumer Support Services SFY 2002 R'chard E- Kellogg k~.,~ c5. 5d~,? July 18.2001 We are entenng the second year of ~MR Consumer Support Services funding for persons with mental retardation who are not eligible for 1VIR wmver services Funding for this initiative ($2,250,000) was approved by the General Assembly to begin in SFY 2001 The budget language for the biennium consisted of two amendments, one {$1.000,000) to be used for residentml support and emergency services and one ($1.250.000) to be used for employment, day support and transportation In SFY 2002 the Department will be allocating and tracking these funds as separate budget ~tems consistent with the intent of the leg~slauon We have enclosed the Department's "Guldehnes" document w~th appropriate forms and procedures to be followed to re-enroll consumers already approved and receiving Consumer Support Services in SFY 2001 and to enroll new consumers in these services Consumers who have received employment services through the NOW (DRS) system will also need to be re- enrolled as "ney," to Consumer Support Services Your SFY 2002 allocation will include additional funds so that consumers part]cipat~ng ~n this project ~11 continue to recet~,e these services Beginning in SFY 2002. the Department ~s maMng some changes in the purchases of individualized servmes (POIS) pagment procedure that w~ll affect NLR Consumer Support Serx. ices Please ret'er to mx' memo of June 26. 2001 for clanflcanon on these changes and detailed information on repomng procedures, reviews, use of unexpended funds and other critical ~ssues related to purchases or ~nd~idual~zed services Page 2 July 18,2001 The total allocauon for your spectfic CSB/BHAs Consumer Support Ser,,tces for residential, day support/employment and DRS/NOW contract obi~ganons ~s as t'ollows Res~dennal support and emergency services 5 36.000 Employment. day support and transportation 5 19.000 NOW consumers obl~gauon '~ 2 [. 30[ Total: ~ Your specific CSB/BHA NOW employment services r'undlng based on data pro,,tded bx DRS is as follows Consumer ESO Annualized Amount Shawn Walker Commonwealth Supports $ 6, 451 Michael Jahn Va. Beach CSB 5 3,600 Vanessa Tinslev Va. Beach CSB $ 3. 200 Nanc~ Mate Va. Beach CSB $ 3. 600 Carey Bates Va Beach CSB 5 3,600 Charles Marion Va Beach CSB ~ 1,800 Total $ 21,301 If you have any quesnons or concerns regarding the Consumer Support Services lnmat~ve, you may contact Chert Snerer tn the Office of Mental Retardation Services, by phone at (804) 786-0803. Fax (804) 692-0077 or E-mail cst~erer@dmhmrsas state.va us for further asststance. We look forward to your conttnued cooperation tn meeting the needs of persons w~th mental retardatton tn the commumty REK: cs Attachment pc: Martha Adams Paul Glld~ng Chert Stlerer Joy Yeh Rosanna Robert., AGREEMENT TO PROVIDE CO~REHENSIV~_ .AIDS .RESOURCES EMERGENCY ACT ' , _,..._, - ,~==.. :3. e CiTY OF NORFO~ ....... ~.. Executive Depar~mer.~, E:~=' ~ - ~- =- - :S == ....... ~, - - . = ..... =__=__,: ~nL =' ~-: =_=..__~=-_- :ne New!v_ Ncrfo!k E!~clbie_ AiDS Resources EmergentI (~L~) kc:. ~: :. e C~N~D~'C -, - -- _ _ _, ..... ~c _cz shall o~m';l le -- recu~rec bv Th= c~==~=- zamc on Roacs u--; Pla -- ~ ~ , :-','/Ai 2S . be 5we!ve~_,_, men-_ns ='"-- .March -, .o _ . agreemen~ o= ~=_ nari'_es; _3. e kc'r_ e.r. eni= , :_~ ..... .-, .... - =.., ,,,-~-- Z=_Z ." -- - ~ - nave no furehe- os 'gas'~- to prov'de ser-zLces ~ .... ~lng the ~=rmzna non date, no- she; ] ~.e~ze~,'_ have =~_-._z ~ ~c= ,~,n to V. AQ?EEN. EN? DOCL~.-[ENT--. -~=.._ con--= -~-'~ .... ~e~-.---: ~.-----' =~' -cn. slsl .of ~he =-' ~3,~lng ccc'~.enls /a~ - --) ,~al-- are lnccr~o~=~=~ hereLn s',' ~===-=%ce, r~ace a -~rl ~- - ~ ' - ,~ der ~ = lense aha sh=~ ~ have ~..e ~3' ' ~',,,' ~c S-=,~ ~ - na'z,ng -he nzghe=_ ~_ececence} · -'i-- 2/. r. ..... , C~"=~'~O~'.. --.. - . ---.~ , --~ -='=-' ~.S, Co thcs Agreemen: a-Cached hereto. Nc ~nzr. g as authorzt,/ fz~ uhe o~her uarZ ,' conZaznee herezn. consu-ued aga' ns- resuons zb!e o- '~'- Acreemenu car.Lb', - made a: S 7_"^ p. Cl; P~re VIii. -,-~' - '~z. JEURE. Nezuher . -~= o~he~ ~o ar.,' le ~; O~ lp.[e~ruP~'on .... =ormance as C3 any . . . os~ zqatzon her orders, ]ud~c~] ~- gs,';~r..me ~ .... , _ _ - . - ~-=-',,;s-= ==- i ~=:, er__L.,~=.._ ~e '--er la_k_ z, : '-=_':_ Schedule A: Vzrgznza Beach Community Servzces Board MENTAL HEALTH Mental Health CONTRACTOR · ~__v_ces Boarc Preventzon Serv~-ces PemJ~ro ke 6 Sczte 129 297 Independence B~vd. x,'zrgznza Beach, VA. ~346~ VIRGINIA BEACH COMMUNI~ SERVICES BOARD Schedule A: Vzrglnla Beach CommunIty Services Board OUTREACH/CASE FINDING Outreach/Case Fzndzng CONTRACTOR' -;irg!nza Beach Ccr~.unlt-; - Servzces Boarc Prevenuzon Se-v~_ces Pembroke 6 SuzEe 129 297 independence Blvd. '/!rglp.~ a Beach, :?m ~ - -- '-3462 VIRGINIA BEACH COMMUNITY. SERVICES BOARD Schedule A: Virginia Beach CommunIty Services Board SUBSTANCE ABUSE SERVICES 5(~COUNT' SR 30 99'~ 5~07 m,.~OUNT· ~ 14,7 0 0. VENDOR' ViRG-NO2~2 ~CNTgACT N[O,' 7761H Substance Abuse Servzces CONTRACTOR' '/z~qzn~_a Beach Co.~,un~--:' Servzces Bos~c Preven5~_o- Se~--zses Pembroke 6 Suzte 129 297 independence Blvd. Vzrgznza Beach, VA 23462 VIRGINIA BEACH COMMUNITY SERVICES BOARD ;RICHARD E KELLOGG COMMISSIONER ,COMMONSVEALTH of VIRC}INIA Department Of .[[ental Health, ~}lental Retardation and Substance,4 buse Services Post Office Box 179 ? Rurhmond. Virginia 23218-1797 Telephone (804) 786-3921 Vo~ce/'l'DD (804) 371-8977 www dmhmrsas state va us April 27, 2001 Dr Henry McCoy, Jr, Chmrman 'v trglma Beach Community Services Board Pembroke Six, Suite 208 Vtrgtma Beach, VA 23462-2891 Dear Dr. McCoy: Thts letter notifies you of the Department's lmtlal allocauons of State Fiscal Year (SFY) 2002 state general funds and federal funds to your CSB for mental health, mental retardanon, and substance abuse services This letter also commumcates projected amounts of Medtcald state plan opuon and mental retardation wmver fees for your CSB The Department calculated those projections based on your CSB's Medicaid fee collections through March, extrapolated through June, 2001 If the Medmmd fee projectmns do not approxtmate the amounts that you expect to collect In SFY 2002, please reflect your CSB's expected collections tn your SFY 2002 performance contract. CSB ts used tn thls letter to refer to a community servmes board, behavioral health authority, or local government department with a pohcy-advtsory community servtces board There are three categories of allocauons hsted on the enclosures The first three pages l~st allocauons for your ongmng services. Pages four and five list allocations of funds for purchases of mdtv~duahzed services and special projects that were included in your SFY 2001 performance contract The funds are hsted by program area (mental health, mental retardanon, and substance abuse) and note the correct forms on whmh to display these funds tn your SFY 2002 contract A major change in the SFY 2002 performance contract ts the ehmlnatton of a separate allocauon for CSB Administration. The Department has dmtnbuted the former CSB Admtmstratton state general funds among the three program areas, tn proporuon to amounts of ongoing state general funds ~n those areas State funds for POMS are d~stnbuted tn the same manner tn the enclosures Federal mental health funds for POMS are In the mental health enclosure If the CSB wants its former Admtmstrauon state general funds distributed differently, please send a letter to Rosanna Roberts, the Department's Director of Grants Management, speclfy~ng the amount to be dtstnbuted to each program area. She needs to recmve thts letter no later than June 1 so that the necessary adjustments can be made for the first semt-monthly payments of state funds to your CSB Gtven the current budget situation for SFY 2002, the enclosures do not contatn addtuonal amounts ofstate general funds for CSB salary, tncreases If the budget ts amended before June 30 to ~nclude these funds, the Department will communmate thts ~ntbrmauon to you as soon as possible Dr Hem N[cCoy, Jr, Chairman &phi 27, 20t)I Page 2 However, as part of its management and reconcthatton of existing appropriations tbr ~ants to localities in various programs, the Department has identified $6 million of additional permanent state general funds that are available for community mental health and mental retardation services These funds have been allocated among CSBs usmg the mental health and mental retardation funding formulas. ,.~, tth base amounts for each CSB Your CSB's shares of these funds are included on the enclosures As noted in my letter to you earlier this fiscal year. funds for new psychlatnc staff allocated to your CSB in this year have been increased for SFY 2002 Funds for NtH Residential Care for Individuals with Serious Mental Illness, shown on Form 64 tn SFY 2001. have been combined with funds for Community Residential Services for Persons ,.~,lth .Mental Illness. shm.,,n on Form 71 The funds for NIH children's sec'ices, shown on Form 70 in the SFY 2001 contract, have been rolled into ,,'our mental health ongoing funds allocation .%r SFY 2002 The enclosed federal mental health and substance abuse block ~ant allocations continue funding at SFY 2001 levels. If additional federal funds become available for CSBs, the Department will communicate allocations at that time Substance abuse community-based treatment funding, shown on Form 97 in the SFY 2001 performance contract, Is included tn ongoing substance abuse state general funds and federal Substance Abuse Prevention and Treatment block grant funds for SFY 2002 The $ l 0,000 for tobacco prevention services are shown as one-time federal funds on the SA Ongoing Services Summary enclosure. SFY 2002 will be the final year of th,s funding. The ongoing substance abuse funds enclosure now identifies the amount of federal block ~ant funds in the women's services set aside. It is very important that the CSB be able to document and report on the expenditure of those funds for this purpose. The CSB also should monitor its compliance with the substance abuse federal block ~ant prevention set aside and be able to document and report those expenditures OBRA funding is not shown tn the enclosures; the Department will communicate this amount at a later date. Mental retardation day care grants will be funded at the same level as SFY 2001, the Department may adjust this amount at a later date Federal and state early intervention (Part C) funding information ts not included in the enclosures because these allocations are made to Local Interagency Coordinating Council (LICC) fiscal agents While many CSBs serve as LICC fiscal agents, this actlv~tv in not part of their CSB responstbihttes and, thus, is not part of the performance contract However, the CSB must include any state or federal Part C funds received for the provision of Part C se~ roes, along with related expense, consumer, and service information, in its performance contract and reports The Part C Office in the Department ~,~ notify. LICC fiscal agents separately of allocations o~' state and federal Part C funds. Local matching funds should be mmntmned at least at the same le,,el contained in your SFY 200l final performance contract revisions The 2000 Appropnanon Act, which remains tn effect unless or until the 2001 Act is passed by the General Assembly and signed by the Governor, prohibits using state funds to supplant local governmental funding tbr existing services Your CSB must ensure that appropnate setwtce monltonng and accounting policies and procedures are in place and are followed to satisfy, assurances and conditions tn your SFY 2002 performance contract, the provisions of the Appropriation Act, and the requirements associated u,~th Dr Henry. McCoy. Jr. Chairman -kpnl 27. 200l Page 3 recmpt of federal block grant funds and to enable completion of the ~ndependent audit reqmred b~, OMB Circular A-133 The Department's Fmanctal Management Standards for Community Sen ices Manual contaxns lnfonnanon about these requirements As a result of collaborative efforts of the VACSB/VALHSO Pertbrmance Contract Work Group and Department staff, the Department has g-reatly reduced the information and reporting requirements associated with the SFY 2002 performance contract Exhibit A tn the SFY 2001 contract contained up to 62 pages of forms showing revenue, expense, consumer, and setwlce mtbrmanon The SFY 2002 Exhibit A includes no more than 30 pages, if all forms are used. Also. the amount of ~nformanon requested on that reduced number of pages is much smaller For example, most forms for ongoing services tn the SFY 2001 contract required nine or 10 ~tems of data for each setwlce The ongoing services forms in the SFY 2002 contract require onlv six data items These and manv other changes are described in the cover memo tbr the SFY 2002 performance contract package The SFY 2002 performance contract is due in the Department by June 29, 2001 CSBs will submit the Exh~Nt A of their contracts electronically, using the so,yarc that the Department w~ll provide dunng the week of May 14. 2001 Paper facsimiles of the software forms are contained in the performance contract package that accompanies th~s letter, so that CSBs can begin assembling the necessary mformat~on before they receive the soft'ware This will expedite preparation of the contract once the software is received. Your contract should be submitted by e-mall to Joel Rothenberg at _lrothenberg("wdmhmrsas.state va us or by mailing a diskette to the Department's Office of Community Contracting m time to be received by June 29 Please refer to the SFY 2002 community services performance contract process, Attachment 6 2 3 to the contract, for information about time flames and reporting requirements If you have any questions about this letter or the contract, please contact your CommunlW Contracting Admlmstrator Please call your CSB Accountant In the Office of Grants Management if you have any questions about the allocations in the enclosures. [ apprecmte your continued support in our mutual efforts to pro,, high quality, effective, efficmnt, and outcome-oriented mental health, mental retardation, and substance abuse services to Virginians w~th serious mental tllnesses, mental retardation, and alcohol and other drug addiction and abuse problems. Sincerely, Enclosures pc Martha Adams Paul R Gilding James M. Mamnez. Jr Cathleen J Newbanks Rosanna G Roberts Robert S Schmid R~chard E Kellogg Julle A Stanley Joy Yeh, Ph D Christopher R Konschak Term S Jenkins, Ph D Jerm Bnckeen ,*,IENYALHEALTH SERVICES SUMMARY ONGOING SERVICES CHECK ONE X Letter of Notification Letter of Notification Rews~on , Oate CSB VIRGINIA BEACH COMMUNITY SERV!CES BOARD REVENUES FOR SERVICES DETAIL 2 779 824 MH General Funds Regional Deaf Serwces NGRI - D~scharge Assistance MH/SA Jad Serwces One T~me General Funds 23 381 PsychIatric Staff TOTAL Expenses FY2002 Local Gov't Contr~buhons In-K~nd Other Local All Other Fees Medicaid SPO Medicaid Chmc Medicaid Other MedIcaid Medalhon 1 225 845 4 181 223 510 8 183 12,500 PATH PATH Housing SWVMH Board FBG / SED C and ~, 2', FBG / SMI Other Federal Restricted Federal Federa~ Retained Earmngs One T~me Federal Funds FBG Psychiatric Staff FBG POMS St Retain Earmngs Other TOTAL REVENUES FOR SERVICES STATE LOCAL 2,803,205 FEE COLLECTIONS FEDERAL Zj_'~ ~-!~ OTHER TOTAL 2.330,025 MH GF 174,361 AdmmlPOMS 250.438 HPR V Pharmacy P~lot Project 25 000 Chddren's MH Svcs 2,779,824 Total MH GF 138 510 FBG/SEDC&A 85 000 Chddren wi& At R~sk Contract 223,510 Revised FBG/SED C&A 4/20/01 ~AC'Mb..IAP(UA~iuN SERVICES SUMMARY ONGOING SERVIC(:::S CHECK ONE X Letter of NoUficat~on Letter of Notification Rews~on ~Date CSB VIRGINIA BEACH (;QMMUNITY SERVICES ,B. OARO REVENUES FOR SERVlCI~S-DETAIL: 1 555 379 MR General Funds 60 553 Famdy Support One T~me General Funds Early Intervenbon 35,200 Children's Family Support TOTAL Expenses PAGE FY2002 Local Gov't Contributions InoKind Other Local All Other Fees Medicaid SPO Medicaid Chmc Medicaid ICF Medicaid Other Medicaid Medalhon II 809,039 Chdd Oay Care Federal Early Intervention Other Federal Restrmted Federal One T~me Federal Funds St Retain Earmngs Workshop Sales Other TOTAL REVENUES FOR SERVICES: STATE LOCAL 1,651,132 FEE COLLECTIONS FEDERAL OTHER TOTAL 1 413,858 MRGF 82 412 Non-Waiver Ltrs 59,109 Admm/POMS 1 555,379 Total MR GF 19,177 Ma~nt Famdy SuppoA 23,633 Ind~vldualSupport 17,743 New Family Support 60,553 Famdy Support 04/20/01 ~u=o, ~r~.,~- A~u~,- ~lr..~¥1C.,Ir.$ ~UMMARY ONGOING SERVICES CHECK ONE X Letter of Notification Letter of Notification Rews~on (Date CSB VIRGINIA BEACH COMMUNITY ~ERVICES ,BOARD REVENUES FOR SERgi~ES~TA~.'~ - - 1 319 230 SA General Funds 75 544 Region V Residential MH/SA Jad Services One T~me General Funds TOTAL Expenses Women s Set Aside PAGE FY2002 187 279 .... Local Gov't Contributions In-Kind Other Local All Other Fees Med~cmd SPO Medicaid Chmc Med~cmd Other Med~cmd Medalhon II 495 479 581 496 312 300 65 231 182 879 10 000 SA Alcohol FBG 2) · SA Drug FBG 3)" SA Pnmary Prevention FBG 4) "' SA SARPOS FBG SA HIV/AIDS FBG Other Federal Restncted Federal Federal Retained Earnings One T~me Federal Funds 5) Methadone HIV Counselors RBHA Res A/D Prev-Strengthenmg Famd~es Prey-Fetal Alcohol Syndrome St Retmn Earnings Other TOTAL REVENUES FOR ~EI~-~I(~ES. STATE LOCAL 1,394,774 1 150831 SAGF 89 550 Admm/POMS 78 849 Corem Based Treatment 1 319 230 Total SA GF FEE COLLECTIONS FEDERAL OTHER TOTAL 290,062 SA AIc FBG 40 000 LINK 165 417 Corem Based Treatment 495,479 Total SA Aic FBG 347 362 SA Drug FBG 40,000 LINK 194,134 Corem Based Treatment 58~,496 Total SA Drug FBG 4) 292,300 SA Pnman/Prevention FBG 20,000 LINK 312 300 Total SA Primary Prevention FBG 5) ~0._000 One'r,me SA P;ev F~~ 1~) 000 One Ti'me Federal Funds Includes 83 639 AIc FBG Women's Set Aside 83 640 Drug FBG Women's Set Aside 20 000 Prevention FBG Women s Set Aside 187 279 Total Women's Set Aside 4120/01 COM fON ,%'S.'kLTH of 5'ZR INIA t {~nml H~aRh, t [emM R~urWunon und Subsmnce -I b~ S~rv~c~s Po~'t O/rice Box 1 -o - Richmond. ['?r~mta ~$213- l -o- MEMOR_ANDL ~1 TO: Lommuntt,, ~e~,tces Boards ExecutB, e Dtrectors FROM. ONE-TIME SAPT PREVENTION CURRICULUM GI::L-kNTS DATE' June 2'7. 2001 We are pleased to tnform you that your CSB's request tbr fimding to purchase science-based prevention program curnculums has been approved Please see the attached page tbr the fi. mding amount and appro~,ed programs. This t:u.nding wall be a one-time payment on Warrant Number 2 (July 16. 2001) and w'fll be noted on the rmdyear revised Letter of NotflScanon. The fi. mding should be spent by September 30. 2001 on only the curriculum, related materials and train/ag indicated in your appiicanon. These funds should be shown on Form 5. One-Time Grants. as a SA Prevention FBG tn your revised SFY 2002 performance contract. Please call your Community Contracting Administrator is you have any questions about this. Please call Hope Memck at (804) 786-14l I if your have program questions and Bob Schrmd at (804) 371-4607 wtth fiscal questions. The addition of new and expanded science-based pre,~ennon programs throughout the state is an important and exciting mo,,e tbrward for substance abuse preventxon tn the Commonwealth. We congratulate you on .,,our efforts to ensure that we pro,ade the most effectwe prevention services targettng your pnontLzed risk factors DC Cathleen J Ne'abanks Joy Yeh. Ph.D Paul R Gilding James M. Martmez Rosarma Roberts Bob Sc h_rmd Hope Memck CSB Pre~,ent~on Dtrector CSB Ftscal Dtrector Item IV-J. 4. b.. - 25 - ORDINANCES/RES OL UTION ITEM #48518 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED, AS REVISED: Mental Health, Mental Retardatton and Substance Abuse Servtces (MHMRSA): Resolutton re the FY 2OOl-O2 performance contract between the Vtrgtnta Beach Community Services Board (CSB) and the Vtrgtnta Department of Mental Health, Mental Retardatton and Substance Abuse Servtces (MHMRSA) Amendment on hne 18 "whtch wtll provtde $16, 946, 646 tn state controlled and per_formance contract funds to the CSB _ I'"'~'"~'"'~; '~"~"' '"""~'v, (tncludtng local match) Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, Ill, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Margaret L Eure August 14, 2001 A RESOLUTION APPROVING THE FY 2001-02 PERFORMANCE CONTRACT BETWEEN THE VIRGINIA BEACH COMMUNITY SERVICES BOARD AND THE VIRGINIA DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES WHEREAS, the Commonwealth of Virginia makes funding 8 available for mental health, mental retardation and substance abuse 9 services provided by local community services boards; 10 WHEREAS, pursuant to Code of Virginia § 37.1-198, this 11 annual funding is governed by an annual performance contract, 12 entered into between the Virginia Department of Mental health, 13 Mental Retardation and Substance Abuse Services ("DMHMRSAS") and 14 local community services boards; 15 WHEREAS, in compliance with Code of Virginia ~ 37.1-198, 16 a proposed contract between the Virginia Beach Community Services 17 Board ("CSB") and DMHMRSAS has been completed, which will provide 18 $16,946,646 in state controlled and performance contract funds to 19 the CSB (including local match); 2O WHEREAS, public comment on the contract was solicited for 21 thirty days, and the CSB approved the contract at its meeting on 22 July 26, 2001; and 23 WHEREAS, pursuant to Code of Virginia § 37.1-198, the 24 City Council must also approve the proposed performance contract. 25 NOW, THEREFORE, BE IT RESOLVED BY THE VIRGINIA BEACH CITY 26 COUNCIL' 27 That the City Council hereby approves the FY 2001-2002 28 performance contract between the Virginia Beach Community Services 29 Board and the Virginia Department of Mental Health, Mental 30 Retardation and Substance Abuse Services. B1 Adopted 32 Virginia on the by .the Council of the City of Virginia Beach, /~~day of ~ , 2001. /'$ CA-8217 OrdinkNONCODEkPerformContract.wpd R-4 August 13, 2001 APPROVED AS TO CONTENT' Communfty ,~-e~v-[ces Board APPROVED AS TO LEGAL SUFFICIENCY' ~i-ty Att6rney~_~ZOf fic/e~ FY 2002 Community Services Performance Contract Proposal Summary Proposed # of Program Service Unit Funding Units of Service Consumers Mental Health Emergency Services $ 910,446 9,421 Hours 1,200 Outpatient Services $282,002 420 Hours 395 Intensive In-Home $112,258 1,842 Hours 20 Case Management Services $1,292,182 19,538 Hours 1,160 Alternative Day Support $ 82,027 1,450 Hours 18 Rehabilitation $1,260,988 111,918 Hours 300 Transitional/Supported Employment $ 81,191 1,362 Hours 55 Supervised Services (Residential 551) $121,977 2,920 Bed Days 12 Supportive Services (Residential 581 ) $ 58,506 2,467 Hours 103 Mental Retardation Case Management Services $ 549,960 9,464 Hours 197 Rehabilitation $164,870 6,374 Hours 8 Family Support $190,642 N/A 378 Supportive Services (Residential) $ 307,779 10,920 Hours 15 Early Intervention $ 49,342 1,456 Hours 46 Supported Employment $ 552,157 11,284 Hours 117 Supervised Services $ 35,520 715 Bed Days 2 Waiver & State Plan Option Services $ 6,363,531 '* 408 *Billable Units as Defined by Medicaid Substance Abuse Emergency $ 37,427 780 Hours 102 Case Management Services $ 291,692 3,048 Hours 215 Jail-Based Hab~l~tabon $ 225,165 23,360 Hours 370 Day Treatment/Part. Hosp $ 618,384 16,026 Hours 140 Highly Intensive (Residential) $ 246,509 1,029 Bed Days 240 Intensive (Residenbal) $ 213,714 3,650 Bed Days 108 Prevention Services $ 936,532 15,122 Hours N/A Supervised Services (Residential) $ 510,736 2,520 Bed Days 10 Administration Administrative Support $1,971,888 I I Total State Special Project and Purchase of Ind~wdual,:,ed services funding $ 7,568,817 Total Proposed Funding $16,946,646 serving 5,619 consumers Total funding includes $16,135,510 of state and federal funds and $ 811,136 of local match Item IV-J. 5. - 26- ORDINANCES/RES OL UTION ITEM #48519 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance to ACCEPT and APPROPRIATE a $108,867 grant from Opportunity, Inc of Hampton Roads (HRWDB) to the FY 2001-02 operating budget of the Department of Parks and Recreatton re tmplementtng a workforce development for the 2001 Year-Round Youth program(s) Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, .Ir, Barbara M Henley, Louts R clones, Reba S McClanan, Robert C Man&go, .Ir, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent Margaret L Eure August 14, 2001 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $108,867 GRANT FROM OPPORTUNITY, INC., TO THE FY 2001-2002 OPERATING BUDGET OF THE DEPARTMENT OF PARKS AND RECREATION TO IMPLEMENT A WORKFORCE DEVELOPMENT PROGRAM WHEREAS, the Department of Parks and Recreation has been awarded a $108,867 grant from Opportunity, Inc., to provide eligible youth with services and opportunities that prepare them to successfully enter and remain in the workforce; WHEREAS, grant funding is provided for a part-time workforce development coordinator needed to oversee the implementation of the program; and WHEREAS, no matching City funds are required. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a $108,867 grant is hereby accepted from Opportunity, Inc., with estimated revenue in this amount hereby increased and appropriated to the FY 2001-2002 operating budget of the Department of Parks and Recreation. 2. That, for the duration of the grant period, a .75 FTE position is hereby established in the FY 2001-2002 operating budget of the Department of Parks and Recreation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of Auaust 2001. -- Requires an affirmative vote by a majority of the members of City Council. CA-8214 ordin/noncode/workforceord.wpd R-3 - August 2, 2001 APPROVED AS TO CONTENT- Management~ APPROVED AS TO LEGAL SUFFICIENCY' One region One economy One workforce 3'une 19, 2001 Ms. Barbaxa A Bnnson Coqrd~nator, Youth Oppormmt~es Office C~ty of V~rglma Youth Opportumues Office 800 Monmouth Lane Vxrg~ma Beach, Vixgm~a 23464 Dear Ms Brmson Th~s ~s to formally advise you that the Hampton Roads Workforce Development Board (HRWDB), at its June 13, 2001 meeting, approved 2001 funding for your proposed Year Round Youth program(s), aa listed on the attached chart The specific program(s), total number of panic,pants to be served and prehminary funding levels, as approved, are indicated on ti:ns chart The Board's approval, as ~nchcated, ~s subject to budget and other contractual negouat~ons. Oppormmty I. nc staff will be m contact w~th you shortly to arrange for a meetmg at wtuch these and other ~ssues will be negotiated and a formal contract developed .Mso be advised that you may not recur costs for which you w~ll be seeking payment from Oppommxty I. nc untO such tune as a contract has been developed and formally executed We took forward to working w~th you in prov~dxng training and employment ser,.qces t/us vea/' Smcerely, V~ce President of Admimstrat~on RS le Attachment 420 BANK STREET. NORFOLK, VA 23510 · (757) 664-2523 · F~X (75") 664-2664 £ocated In The Hampton Roads Chamber Of Commerce - Norfolk Off, ce HAMPTON ROADS WORKFORCE DEVELOPMENT PROGRAM YEAR 2001 YOUTN PROGP~MS I. YEAR ROUND PROGRAMS APPLICANT AGENCY SLOT LEVEL FUNDING Cdy of Chesapeake Frankhn City Public Schools Isle of W~ght County Norfolk Pubhc Schools Sk~lls Center C~ty of Pod. s~u~h Southampton Public Schools Suffolk Public Schools STOP Ocganlzatlon T~dewater Builders Assoc~ahon Cdy of VIrginia Beach 55 20 2O 90 150 20 30 50 4,4 135 $168,000 $50,000 $~8,857 $183 621 $145 858 $57 000 $79 831 $132 575 $368 500 $108 867 TOTAL 614 $1,342 909 AVAILABILITY" $1.342,909 "'Includes $1.200,409 of WIA I'unds and $142,500 of State Youth Corps Funds II. SUMMER PROGRAM 2002 STOP Organ,zahon $1,500,000 STOP been selected to operate the summer 2002 program Funding of approximately $1.500,000 ~s anhc~pated, of which Sl ,100,000 ~s targeted for youth wages, $200.000 ~s targeted for specml projects to be selected by the Youth Council and $200,000 is targete for administration/operations Item IV4. 6. -27- ORDINANCES/RES OL UTION ITEM #48520 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance to ACCEPT and APPROPRIATE grants of $26,700 and $13, 783from the Vtrgtnta Office of Emergency Medtcal Servtces (EMS) to the FY 2001-02 operattng budget of the Department of EMS re the purchase of defibrtllators, other supphes and equtpment, and, esttmated revenue from the Commonwealth be mcreased accordtngly Vottng 10-0 (By ConsenO Councd Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wilson Counctl Members Vottng Nay None Council Members Absent Margaret L Eure August 14, 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANTS IN THE AMOUNTS OF $26,700 AND $13,783 FROM THE STATE OFFICE OF EMERGENCY MEDICAL SERVICES TO THE FY 2001-02 OPERATING BUDGET OF THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES FOR THE PURCHASE OF DEFIBRILLATORS AND OTHER SUPPLIES AND EQUIPMENT WHEREAS, the State Office of Emergency Medical Services has awarded the City's Department of Emergency Services a $26,700 matching reimbursement grant to purchase defibrillators and assist in recruitment efforts and a $13,783 non-matching grant of to purchase other supplies for the City's volunteer rescue squads; and WHEREAS, the Department of Emergency Medical Services has sufficient funds appropriated in the FY 2001-02 Budget to provide the required match for the $26,700 grant. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a $26,700 grant is hereby accepted from the State Office of Emergency Medical Services and appropriated to the FY 2001-02 Operating Budget of the Department of Emergency Medical Services to purchase defibrillators and assist with recruitment efforts. 2. That a $13,783 grant is hereby accepted from the State Office of Emergency Medical Services and appropriated to the FY 2001-02 Operating Budget of the Department of Emergency Medical Services to purchase other supplies and equipment. 3. That estimated revenue from the Commonwealth represented in the FY 2001-02 operating budget of the Department of Emergency Medical Services is hereby increased by $40,483. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of August , 2001. Requires an affirmative vote by a majority of the members of City Co uncil . CA-8213 ordin/noncode/state21ifeord.wpd R-3 - August 2, 2001 APPROVED AS TO CONTENT: Department o~ ces APPROVED AS TO LEGAL SUFFICIENCY: Departmen~ L~ Office of Emergency Medical Services Consolidated Grant Program AWARD PAGE July 1, 2001 - June 30, 2002 Grant Period Agency Name: CITY OF VA BEACH DEPT OF EMS Grant Number: TI-C04/06-01 Code Items Requested 11102 MRL-PIC DEFIB 11103 Recruiting and Retention Video Condit~ons, 12, 13 11104 Recruitment and RetentionAdve Conditions~ 12, 13 T 11105 ALS Training - EMT to Cardiac Course: Virginia Beach Conditions~ 6 T 11106 ALS Training - Shock Trauma Course: Virginia Beach Conditions~ 6 T 11107 ALS Training - BTLS Course: Virginia Beach Conditions~ 6 T 11108 ALS Training - PALS Course: Virginia Beach Conditions~ 6 T 11109 ALS Training - Para. Req. Topics Course= Virginia Beach Conditions~ 6 T 11110 ALS Training - CT to Paramedic Course: Virginia Beach Quantity Funding Amount Status Funded % Level Funded FUNDED 4 50 $16,000.00 FUNDED I 50 $8,000.00 FUNDED 3 50 $2,700.00 FUNDED I 100 $3,962.00 FUNDED I 100 $3,421.00 FUNDED i 100 $1,280.00 FUNDED I 100 $1,280.00 FUNDED I 100 $3,840.00 NOT FUNDED $40,483.00 G - Rescue Squad Assistance Fund R - Recruitment and Retention T - ALS Training Fund Item IV-J. Z - 28 - ORDINANCES/RES OL UTION ITEM #48521 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED: License Refunds: $125,569.87 Vottng 10-0 (By ConsenO Counctl Members Voting Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Margaret L Eure August 14, 2001 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcat~ons for license refunds, upon cerbflcatlon of the CommissIoner of the Revenue are hereby approved NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID AMERICAN STUDIOS INC BACK AGAIN INC BRANCH CHARLES BOB JR BRIGHT COVE SECURITIES INC CARE CONVENIENT INC COASTAL VIDEO COMMUNICATIONS CREATIVE HAIRDRESSERS INC EASY MONEY OF VIRGINIA INC HUBBA AT LYNNHAVEN INC JENSEN ALBERT N KFC NATIONAL MANAGEMENT CO OCEAN HORIZONS PROPERTIES LC PHILIP L RUSSO JR PC SE&M CONSTRUCTORS INC 07/11/01 AUDIT 992 59 144 54 1,137 13 2001 07/19/01 5 94 0 00 5 94 07109/01 AUDIT 170 00 7 33 177 33 07/13/01 AUDIT 94 60 21 77 116 37 07/11/01 AUDIT 114 52 I 45 115 97 07/09/01 AUDIT 117,791 39 0 00 117,791 39 07/09/01 AUDIT 1,243 71 97 50 1,341 21 2001 07/06/01 40 00 0 00 40 00 07/11/01 AUDIT 873 27 40 40 913 67 2001 07/17/01 6 37 0 00 6 37 07/09/01 AUDIT 2,087 63 507 65 2,595 28 07/09/01 AUDIT 281 91 43 51 325 42 07/13/01 AUDIT 264 71 87 53 352 24 07/11/01 AUDIT 590 00 61 55 651 55 (~omn~ss~oner of the I~evenue This ordInance shall be effective from date of adopbon The above abatement(s) totahng C~ty of V~rglma Beach on the Approved as to form C~ty Attorney's 125,569 87 were approved by the Councd of the 14th day of _AU.9_u~.t.. ,2001 Ruth Hodges Smith C~ty Clerk Item IV-K. PLANNING - 29- ITEM #48522 1. BILL Y W. CHAPLAIN RECONSIDERATION: CONDITIONAL USE PERMIT & CHANGE OF ZONING (Denied: March 2 7, 2001) 2. BRUCE MIMRAN MODIFICATION OF CONDITION NO. 15 (Approved CUP: April 11, 2000). 3. JO YNT ENTERPRISES, INC. MODIFICATION OF CONDITION NO. 5 (Approved CUP: July 13, 1999) 4. TRITON PCS CR 0 WN COMMUNICATION CONDITIONAL USE PERMIT VIRGINIA STORAGE, LLC (David W. Gatling) MODIFICATION OF PROFFERS (Approved Conditional Change of Zoning: December 12, 1999) 5. THOMAS E. AND MARY C. COULBOURN SHER YL ANN ROBINS NONCONFORMING USES 6. PUNGO FERRY, INC. CONDITIONAL USE PERMIT 7. BONITA A. LINDENBERG CONDITIONAL USE PERMIT 8. ANCIENT ART TATTOO STUDIO LTD. CONDITIONAL USE PERMIT 9. FRANK YA CONIELLO - AUTO PARK~ TS INTERNATIONAL, t/a THE BUG YHO USE CONDITIONAL USE PERMIT 10. STAR OF THE SEA CHURCH CONDITIONAL USE PERMIT 11. FRANCES MOSCOPOLOS and THE RESERVE 2000, INC. CONDITIONAL CHANGE OF ZONING 12. McGINNIS REAL TY & DEVELOPMENT COMPANY CHANGE OF ZONING 13. OCEAN TIDE ASSOCIATES CHANGE OF ZONING August 14, 2001 Item IV-K. - 30- PLANNING ITEM #48522 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED in ONE MOTION items 1, 3, 5, 7 (Revised Condtttons), 8 (Revtsed Condtttons), 9, 1 O, 11 (DEFERRED) and 13 of the PLANNING AGENDA item 7 was APPROVED, BY CONSENT wtth Revtsed Conchttons item 8 was APPROVED, BY CONSENT with Revtsed Condtttons item 11 was DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of August 28, 2001 Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlltam D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Margaret L Eure Vtce Mayor Sessoms ABSTAINED on item K 3 (JOYNT ENTERPRISES, INC) and disclosed he ss an officer tn Wachovta Bank and the apphcant does bustness wtth the bank August 14, 2001 Item IV-K. 1. - 31 - PLANNING ITEM #48523 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl RECONSIDERED and ADOPTED Ordtnances upon apphcatton of BILLY W. CHAPLAIN a for a Condtttonal Change of Zontng and Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF BILL Y W CHAPLAIN FOR A CONDITIONAL CHANGE OF ZONING FROM A-12 AND RT-3 TO CONDITIONAL B-2 Z08011206 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton ofBtlly W Chaplatn for a Conchttonal Change of Zomngfrom A-12 Apartment Dtstrtct and RT-3 Resort Tourtst Dtstrtct to Condtttonal B-2 Commumty Bustness Dtstrtct on the west stde of Washtngton Avenue begtnnmg at a potnt 140feet more or less south of Vtrgmta Beach Boulevard, (849 and 853 Vtrgmta Beach Boulevard) (GPIN #2417-86-2074) and contatns 23,850 square feet BEACH - DISTRICT 6 The followtng condttton shall be requtred Revtsed Agreement encompasstngproffers shall be recorded wtth the Clerk of the Ctrcutt Court and ts hereby made a part of the proceedtngs AND, ORDINANCE UPON APPLICATION OF BILL Y W CHAPLAIN FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD R08013062 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Billy W Chaplatn for a Condtttonal Use Permit for a bulk storage yard at the southwest corner of Vtrgtma Beach Boulevard and Washtngton Avenue (GPIN #2417-86-2074) Satdparcel ss located at 849 & 853 Vtrgtma Beach Boulevard and contains 19,000 square feet BEACH- DISTRICT6 The followtng conchttons shall be requtred The extsttng non-conformtng storage yard located at the northwest corner of Vtrgtnta Beach Boulevard and Monroe Avenue on property owned by the apphcant shall cease operatton wtthtn 60 days of the approval of the Condtttonal Use Permtt by the Ctty Counctl There shall be no storage of heavy eqmpment or debrts Matertals stored tn the yard shall not exceed a hetght of seven (7) feet The southern and eastern stdes of the bulk storage/contractors' storage yard shall be enclosed wtth Category VI screemng as spectfied tn the Landscaptng, Screentng and Buffertng Standards of the City of Vtrgmta Beach A stgn, clearly stattng the name of the yard operator, hours of operatton, and telephone number of the operator, shall beposted on the stte The sign shall comply wtth the requtrements of the Ctty Zontng Ordtnance, and shall be clearly vtstble from the street August 14, 2001 - 32 - Item IV-K. 1. PLANNING ITEM #48523 (Continued) 5 Ltghttngfor the stte shall not exceed a hetght ofl4feet and be dtrected tn toward the stte A stte plan must be submttted to the Planmng Department Development Services Center for revtew and approval prior to the tssuance of a bustness hcense The stte plan shall show a clearly defined entrance and extt to be approved by Pubhc Works Traffic Engtneertng and tmprovements to the stte to meet the requtrements of all Ctty development ordtnances and standards As noted by the revtsed Conchttonal Zontng Agreement, the followtng condttton must be tncluded wtth the Condtttonal Use Permtt Thts Condtttonal Use permtt ts vahd for ten (10)years from the date of Ctty Counctl's approval or when one of the followtng occurs prtor to the end of the ten (10)year term The land use on the adjacent property at 853 Vtrgtnta Beach Boulevard changes to somethtng other than an automobtle service and repatr garage (b) The land use on the adjacent property to the south changes to somethtng other than a restdenttal trader park If etther (a) or (b) occurs, the Condtttonal Use Permtt shall, at the sole dtscretton of the Ctty of Vtrgtnta Beach, be revoked and resctnded upon thtrty (30) days wrttten nottce to the property owner These Ordtnances shall be effecttve tn accordance wtth Sectton 107 (1) of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Fourteenth ofAugust , Two Thousand One Vottng 7-3 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III,, Wtlham W Harrtson, Jr, Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Louts R Jones, and Vtce Mayor Wdham D Sessoms, dr Counctl Members Vottng Nay Mayor Meyera E Oberndorf, Nancy K Parker and and Rosemary Wdson Counctl Members Absent Margaret L Eure August 14, 2001 IrORM NO I= $. ~B City of Vir'~inia Reach ZNTER-OFFZCE CO~RESPOJ~E~iCE l~n Reply Refer To Our File No. DF-5278 DATE: FROM: DEPT: August 3, 2001 TO: Leslie L. Lilley_tt:~ DEPT: City Attorney B. Kay Wilson ~"- Conditional Zoning Application Billy W. Chaplain City Attorney The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 14, 2001. I have reviewed the subject proffer agreement, dated May 22, 2001, 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 BILLY W. CHAPLAIN TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 22nd day of May, 2001, by and between BILLY W. CHAPLAIN, herein referred to as Grantor; and THE 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 Beach District of the City of Virginia Beach, containing appro~mately .613 acres and described in Exhibit ~A" attached hereto and incorporated herein by this reference, said property hereinafter referred to as the ~Property"; and WHEREAS, the Grantor has initiated a conditional ~rnendment to the Zoning Map of the City of Virginia Beach, V/rginia, by petition addressed to the Grantee so as to change the Zonin§ Classification of the Property from RT-3 Resort Tourist District and A-12 Apartment District to B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competin§ and somet/mes 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 recogn/ze the effects of change that will be created by the Grantor's proposed rezonin§, certain reasonable conditions §overnin§ 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 Grantor's rezonin§ application gives rise; and GPIN: 2417-86-2074 (Partial) PREPARED BY: & AHERN. RC .,I~'TORNEY~ AT LAW WHEREAS, the Qrantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zonin§ Map with respect to the Property, the following reasonable concUtions related to the physical development, operation, and use of the Property to be adopted as a part of said ~rnendrnent to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezonin§. NOW, THEREFORE, the Grantor, his successors, personal representatives, assigns, Grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or Quid pro ,quo for zon!ug, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons cl_~iming under or through the Grantor, his successors, personal representatives, assigns, Grantees, and other successors in interest or title: 1. Although the Property shall be zoned B-2 Community Business District, the Property shall only be used as a bulk storage yard and bufld/ng contractors yard. This use shall also be governed by the conditions of a Conditional Use Permit which limits the term of the use to ten (10) years from the date of adoption by Grantee and further requires the Grantor to terminate the use prior to the end of the ten (10) year term in the event that: (a) the land use on the adjacent property at 853 Virginia Beach Boulevard changes to something other than an automobile service and repair garage; or, (b} the land use on the adjacent property to the south changes to something other than a residential trailer park. 2. The Property shall be enclosed by fencing and landscaped substantially as depicted on the Exhibit entitled aRE-ZONING EXHIBIT SHOWING LOTS 14-20 BLOCK 6 VIRGINIA BEACH ANNEX NO. 2 FOR BILLY CHAPLAIN', 2 PRERI. qED B~ PC. AI'rOI:INEYS AT LAW dated September 15, 2000, prepared by W.P. Large, Inc., which has been exhibited to the Virginia Beach City Council and is on ~e with the Virginia Beach Department of Planning (hereinafter 'Site Plan'). 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to the B-2 Zoning District and to the requirements and regulations applicable thereW 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 Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent ~mendment changes the ZOlaing 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 said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: & AI,,IL~I~ P.C ~ AT I. AW (1) The ~c)~=~g 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, d_~mages, 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 buildin§ or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zonin§ Admi,~istrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. WITNESS the following signature and seal: GRANTOR: . ¥'//~_.//, STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ~7. Chap~ The foregoing instrument was acknowledged before me this 22nd day of May, 2001, by Billy W. Chaplain. Notary Public My Commission Expires: August 31, 2002 ImERI. qED B~. & AHERN, RC KI'TORNEYS AT LAW ALL THOSE certain lots, pieces or parcels of land, situate, lying and being in the Lynnhaven Magisterial District, City of Virginia Beach, (formerly Princess Anne County), Virginia, known, numbered and designated upon a plat of Virginia Beach Annex No. 2, dated July 31, 1905, and recorded in Map Book 3, at Page 24, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, {formerly Princess Anne County), Vir~ia, as Lots 14, 15, 16, 17, 18, 19 and 20 in Block 6, reference to said plat for a more particular description of said lots. GPIN: 2417-86-2074 (Partial) COI~IDREZ~/C~/PROFFER Item IV-K. 2 - 33 - PL,4NNING ITEM # 48524 Attorney R E Bourdon, Pembroke One 5th Floor, Phone 499-8971, represented the apphcant Upon motton by Counctlman Branch, seconded by Counctl Lady McClanan, Ctty Counctl MODIFIED CONDITION NO. 15 (re hours of operation) of the Aprtl 11, 2000, approved Condtttonal Use Permit for BRUCE MIMRAN for an outdoor recreation O~INANCE UPON APPLICATION OF BRUCE MIMRAN FOR A CONDITIONAL USE PERMIT FOR RECREATIONAL AND AMUSEMENT FA CILITIES OF AN OUTDOOR NATURE R04003034 Ordtnance upon apphcatton of Bruce Mtmran for a Con&ttonal Use Permtt for recreattonal and amusement £acthttes o_fan outdoor nature on Lots 7 through 22, Block B, Plat of Shamrock (GPIN #2427-16- 8417, #2427-16-9571) Parcel ts located on the north stde of]5th Street extendtng between Atlanttc Avenue and Pactfic Avenue, contatntng 40, 000 square feet (35, 712 square feet devoted to the amusement factltttes) BEACH- DISTRICT 6 The followtng shall be requtred All con&ttons wtth the exception of Number 15 attached to the Condtttonal Use Permit granted by the City Counctl on Aprtl 11, 2000, rematn tn effect 2 Conchtton Number 15 of the Aprtl 11, 2000, Conchttonal Use Permit ss deleted and replaced wtth the followmg Hours of operatton shall be 11 O0 a m unttl 1 O0 a m Monday through Saturday and 12 O0 noon unttl 1 O0 a m on Sunday 3 Admtntstrattve revtew ofthts apphcatton shall be requtred after a pertod of one ('1) year I,'ottng' 8-2 Counctl Members Votmg Aye Ltnwood 0 Branch, III, Wtlham gg Harrtson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf and Rosemary kVtlson Counctl Members Vottng Nay Nancy K Parker and Vtce Mayor V?tlham D Sessoms, Jr Counctl Members Absent Margaret L Eure August 14, 2001 - 34- Item IV-K.$. PLANNING ITEM #48525 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl MODIFIED CONDITION NO. 5, on the July 13, 1999 approved Condtttonal Use Permtt for JO YNT ENTERPRISES, INC., re a stgn for motor vehtcle sales and service ORDINANCE UPON APPLICATION OF JO YNT ENTERPRISES, INC , FOR MODIFICATION OF CONDITIONS PLACED ON THE CONDITIONAL USE PERMIT OF JUL Y 13, 1999 FOR MOTOR VEHICLE SALES AND SER VICE Ordinance upon apphcatton of doynt Enterprises, Inc, for Modtficatton of Condtttons placed on the Condtttonal Use Permtt of July 13, 1999for motor vehicle sales and servtce at the southeast corner of Vtrgtnta Beach Boulevard and Kellam Road (GPIN #1477-35-0086) Said parcel ss located at 4 753 Vtrgtnta Beach Boulevard and contatns 30, 000 square feet DISTRICT 4 - BA YSIDE The followtng condtttons shall be requtred 1 Condtttons 1 through 4 of the Conchttonal Use Permtt approved July 13, 1999, shall rematn tn effect for the stte 2 Con&tton 5 ss modified as follows The extsttng freestan&ng sign ss to be removed The apphcant may install a freestandtng stgn that conforms to the submttted stgn plan prepared by &gnet Sign Company, tttled PEMBROKE, and destgned by Don Galvtn Theproposed freestandtng sign shall not exceed a hetght of 1S-feet and 75 square feet per face Vottng 9-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Abstatmng Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Absent Margaret L Eure Vtce Mayor Sessoms ABSTAINED on Item K 3 (JOYNT ENTERPRISES, INC.) and disclosed he ss an officer tn Wachovta Bank and the apphcant does business with the bank August 14, 2001 Item IV-K. 4. - 35- PLANNING ITEM #48526 Attorney Glenn Hampton, 9000 World Trade Center, Norfolk, Phone 640-3 770, represented the apphcant SunCom has been workmg closely wtth ctty stafffor approxtmately two (2)years examtmng all alternattves for a locatton ora telecommuntcattons facthty tn thts section of Vtrgtnta Beach Lewts Whtte, Ctvtl Engtneer, represented the apphcant John Matthews, Planntng and Development Consultant - Crown Communtcattons and Trtton Upon motton by Counctl Lady Henley, seconded by Vtce Mayor Sessoms, City Counctl APPROVED apphcattons for multtple use communtcatton towers tn behalf of TRITON PCS, Ctty Counctl ADOPTED an Or&nance upon apphcatton of CROWN COMMUNICA TION for a Con&ttonal Use Permtt and, MODIFIED PROFFERS of the Condtttonal Change of Zontng (Approved December 7, 1999) for VIRGINIA STORAGE, LLC (David W. Gatling) to allow a 90' tower ORDINANCE UPON APPLICATION OF CROWN COMMUNICATION FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS TOWER R08013063 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Crown Commumcatton for a Condtttonal use Permtt for a communtcattons tower on the north stde of McComas Way, west of General Booth Boulevard (GPIN #2414-07-263 7) Satdparcel contatns 3 53 acres DISTRICT 7 - PRINCESS ANNE The followtng conchttons shall be requtred The tower must be designed as a stealth monopole tower no greater than 90feet tn hetght as shown on the site plan by Lewts Whtte and Assoctates, dated 01/05/01, and presented to Ctty Council The towerplacement and landscaptng must be as shown on the stte plan by Lewts I4'Tttte andAssoctates, dated O1/05/O1, andpresented to Ctty Counctl A variance from the Board of Zonmg Appeals ts requtred for the setbacks for the tower 3 All base level equtpmentfor all users must be stored wtthtn the adjacent self-storage facthty 4 In the event that the tower ts tnacttvefor a pertod of one year, the tower must be removed from the stte at the apphcant's expense The followtng conchttons were not part of the Planmng Commtsston's revtew but are recommended by Staff to address the tssue of tnterference wtth the Ctty's emergency communtcatton system, explatned above tn the "Constderattons ' sectton Unless a watver ts obtatned from the Ctty of Vtrgtnta Beach Department of Communtcattons and Informatton Technology (COMIT), a racho .frequency emtsstons study (RF Study), conducted by a quahfied engtneer hcensed to practtce tn the Commonwealth of Vtrgtnta, showing that the tntended user(s) wtll not mterfere wtth any Ctty of Vtrgtnta Beach emergency communtcattons facthttes, shall be provtded prtor to stte plan approval for the ortgtnal tower user and all subsequent users In the event tnterference wtth any Ctty emergency communtcattons facthttes artses from the users of thts tower, the user(s) shall take all measures reasonably necessary to correct and ehmtnate the tnterference If the mterference cannot be ehmtnated wtthtn a reasonable ttme, the user shall tmmedtately cease operation to the extent necessary to stop the tnterference August 14, 2001 Item IV-K. 4. - 36- PLANNING ITEM #48526 (Continued) AND, O~INANCE UPON APPLICATION OF VIRGINIA STORAGE, LLC, DA VID W GATLING, FOR THE MODIFICATION OF PROFFERS Or&nance upon apphcatton of Vtrgtnta Storage, LLC, Davtd W Gathng, for the Modtficatton of Proffers tn the Condtttonal Zontng Agreement approved by Ctty Council on December 7, 1999, and recorded tn Deed Book 4178 at page 1881 Property ts located on the north stde of McComas way, west of General Booth Boulevard (GPIN #2414-07-263 7) DISTRICT 7 - PRINCESS ANNE Amendment for the Proffer Agreement shall allow for constructton of a 90-foot communtcattons tower The followtng condttton shall be requtred 1 An agreement encompasstng proffers shall be recorded wtth the Clerk of Circuit Court These Ordinances shall be effecttve tn accordance wtth Sectton 107 O0 of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Fourteenth of August , Two Thousand One The requirement for co-location of towers shall agatn be revtewed Vottng 9-1 Counctl Members Vottng Aye Ltnwood 0 Branch, IIL Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary' Wtlson Counctl Members Vottng Nay Reba S McClanan Counctl Members Absent Margaret L Eure August 14, 2001 City oi' Virginia Reach II~rr'ER-OFFICE COI~EESPON1)ENEE Reply Refer To Our File No. DF-5~53 DATE: FROM: DEPT: April 26, 2001 TO: Leslie L. Lilley DEPT: City Attorney B. Kay Wilson~ Conditional Zoning Application VA Storage Co., L.L.C. City Attorney The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 8, 2001. I have reviewed the subject proffer agreement, dated January 31, 2001, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure THIS AGREEMENT, made as of the 31st day of January, 2001, by and between VA STORAGE CO., L.L.C., a Virginia limited liability company (hereinafter referred to as "Grantor"), owner of the property described in EXHrlgIT A (hereinafter the "Property") attached hereto and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, D. W. Gatling, Inc., and Ferrell Parkway Associates, Inc. initiated a conditional rezoning application for the Property to the City of Virginia Beach requesting the reclassification of the Property from O-2 to B-lA; and WHEREAS, following receipt of the Virginia Beach Planning Staff's recommendation of approval of said application and following receipt of the Virginia Beach Planning Commission's recommendation of approval of the application, the City of Vir~nia Beach City Council approved the proposed rezoning application on December 7, 1999, and accepted the written proffer agreement tendered by the applicants with said application; and WI-IEREAS, pursuant to Section 107 of the Virginia Beach Zoning Ordinance the applicant's proffer agreement was recorded in the Virginia Beach Circuit Court Clerk's Office in Deed Book 4178 at page 1881; and; WHEREAS, since that time, Fen'ell Parkway Associates, Inc. has conveyed its interest in the Property to VA Storage Co., L.L.C., whose manager is David W. Gatling; and GPIN NO.: 2414-07-2637 Prepared By: Troutman Sanders Mays & Valentine LLP 4425 Corporation Lane, Suite 420 Virginia Beach, VA 23462 Fax: (757) 687-7510 WHEREAS, Grantor desires to amend the terms of the proffer agreement accepted by City Council on December 7, 1999, inasmuch as Grantor has been requested to locate a stealth designed telecommunications tower on a portion of the Property, subject to approval by the Virginia Beach City Council; and WHEREAS, Grantor believes the proposed additional use of the Property will no! undermine its appearance or value and will in fact offer a service to the residents and businesses in the surrounding area; and WHEREAS, Grantor and Crown Communications have submitted a change of conditions application and a conditional use permit application to the City of Virginia Beach to facilitate the necessary approvals for the telecommunication facility on the Property;, and; WHEREAS, Grantor has therefore voluntarily proffered in writing in advance of and prior to the public hearing before the grantee as part of the proposed conditional amendment to the zoning map, in addition to the regulations provided for in the existing B-lA zoning district by the existing City Zoning Ordinance (the "CZO"), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as part of said amendment to the new zoning map relative to the Property, all of which have a reasonable relationship to the rezoning and the need 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 -2- 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 instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of or~iinance 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, its 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 declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property Conditional zoning classification, and hereby covenant and agree that these 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 Grantors, their heirs, personal representatives, assigns, grantees and other successors in interests or title, namely: 1. The restrictions applicable to the Property, as more fully set out in the agreement recorded in the Virginia Beach Circuit Court Clerk's Office in Deed Book 4178 at page 1883, are modified such that the following proffers shall now govern and apply to the development of the Property. -3- 2. The Property shall be used solely for office space, self-storage facilities and telecommunications facilities as set forth herein. 3. Any telecommunication~ facilities constructed on the Property shall be of a stealth design approved by the City of Virginia Beach and any accessory ground-level wireless communication equipment shall be fully enclosed within an existing building on the Property. Further conditions 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. Ail 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 Grantors 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, Vir~nia 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; 3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an -4- 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 Grantors and Grantee. (PAGES TO FOLLOW ARE SIGNATURE PAGES) -5- THE UNDERSIGNED ACKNOWLEDGES THAT HE HAS READ THE FOREGOING AGREEMENT. WITNESS the following signature and seal. VA STORAGE CO., L.L.C., a Virginia limited liability company David W. Gatling, Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (~~~,/~ The foregoing instrument was acknowledged before me this~T'iay of o~gby David W. Gatling, as manager of VA Storage Co., L.L.C., a Virginia liaflied liab~f-tfy company, on behalf of the corporation. ~_ ~Notar~ublic , r ~ My Commission Expires: ~~4t ~/Z/2Z)/ 244~2 -6- EXHIBIT 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 known, numbered and designated as "PARCEL A-3-1, 3.53008 AC.," as shown on that certain plat entitled "PLAT SHOWING A SUBDIVISION OF PARCEL A-3 FERRELL PARKWAY ASSOCIATES, INC., D.B. 3017 PG. 1527, D.B. 2770 PG. 700, D.B. 2768 PG. 2131, M.B. 240 PG. 22, VIRGINIA BEACH, VIRGINIA," and dated April 9, 1998, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 273, Page 14 through 16. IT BEING a portion of the same property conveyed to FERRELL PARKWAY ASSOCIATES, INC., a Virginia corporation, by deed from Dominion Lands, Inc., a Virginia corporation, dated September 12, 1988, recorded in Deed Book 2768, page 2131. IT ALSO BEING a portion of the property being formerly a portion of Strawbridge Road, which portion of Strawbridge Road was closed by Ordinance adopted May 28, 1991 and recorded June 18, 1991 in Deed Book 2995, page 143. 24462(v2) -7- Item IV-K. 5 a. -37- PLANNING ITEM #4852 7 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED Resolutton upon apphcatton of THOMAS E. AND MARY C. COULBOURN for the enlargement of nonconforming uses re alterattons and ad&ttons to a garage apartment at 113 54th Street Resolutton authortztng the enlargement of a non-conformtng garage apartment on property located at 113 54'h Street Satd parcel contatns 6, 625 square feet DISTRICT 5 - L YNNHA VEN) The followtng con&ttons shall be requtred The ad&ttons to the extsttng structure shall be developed tn substanttal conformance wtth the submttted stte plan tttled "RENO VA TIONS TO THE GRANDPARENTS SUITE COULBOURN RESIDENCE at 113 54th Street, Vtrgtnta Beach, Vtrgtnta," prepared by Folck West & Savage Archttects, dated 7/6/01 Satd plan ts on file wtth the Ctty of Vtrgtnta Beach Planntng Department The ad&ttons and alterattons to the extsttng structure shall be tn substanttal conformance wtth the submttted elevattons tttled, "Coulbourn Restdent at 54'h Street, Vtrgtnta Beach," Sheet Numbers 1, 2, and 3, prepared by Folck West & Savage, dated 76/01 Satd plan ss on file wtth the Ctty of Vtrgtnta Beach Planntng Department Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Margaret L Eure August 14, 2001 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING GARAGE APARTMENT ON PROPERTY LOCATED AT 113 54th STREET, IN THE DISTRICT OF LYNNHAVEN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, Thomas E. and Mary C. Coulbourn (hereinafter the "Applicant") has made application to the City Council for authorization to enlarge and alter a nonconforming garage apartment situated on a certain lot or parcel of land having the address of 113 54th Street, in the R-5R Residential Resort District; and WHEREAS, the said garage apartment is a nonconforming use, in that garage apartments are no longer allowed in the R-5R Residential Resort District; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement and alteration of a nonconforming structure is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed structure, as enlarged and altered, will be equally appropriate or more appropriate to the zoning district than is the existing structure; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed structure, as enlarged and altered, will be equally appropriate to the district as is the existing structure. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed enlargement and alteration of the Applicant's garage apartment is hereby authorized, upon the following conditions: 1. The additions to the existing structure shall be developed in substantial conformance with the submitted site plan titled "RENOVATIONS TO THE GRANDPARENTS SUITE COULBOURN RESIDENCE 113 54th Street Virginia Beach Virginia," prepared by Folck West & 34 35 36 37 38 39 40 41 Savage Architects, dated 7/6/01. Said plan is on file with the City of Virginia Beach Planning Department; and 2. The additions and alterations to the existing structure shall be in substantial conformance with the submitted elevations titled "Coulbourn Residence 54tn Street Virginia Beach," Sheet Numbers 1, 2, 3, prepared by Folck West & Savage, dated 7/6/01. Said elevations are on file with the City of Virginia Beach Planning Department. 42 43 44 45 46 47 48 49 5O 51 52 53 54 the 14th Adopted by the Council of the City of Virginia Beach on day of August ~ 2001. CA-8219 bkw/wor k/coulbournenoncon, wpd R-1 August 3, 2001 APPROVED AS TO CONTENT- APPROVED AS TO LEGAL SUFFICIENCY- -of Law Item IV-K.$ b. - 38- PLANNING ITEM #48528 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council ADOPTED Resolutton upon apphcatton of SHERYL ANN ROBINS re alterattons and ad&ttons to a stngle-famtly dwelhng at 5303 Ocean Front Avenue Resolutton authortzmg the enlargement of a nonconformtng stngle-famtly dwelhng on property located at 5303 Ocean Front Avenue (GPIN #2418- 89-6893) Said parcel contatns 6,625 square feet DISTRICT 5 - L YNNHA VEN The followtng conchttons shall be requtred The addtttons to the structure shall be tn substantial conformance wtth the submttted stte plan tttled "RENOVATIONS TO THE RESIDENCE OF SHERYL ROBINS + DARREN NOLT, at 5303 Ocean Front Avenue, Vtrgtnta Beach"prepared by Folck West & Savage, dated 7/5/01 Satdplan ss on file wtth the Ctty of Vtrgmta Beach Planmng Department The proposed statrs, as shown on the north side of the deck structure, shall not be constructed The statrs may, however, be constructed on the south stde of the proposed deck Addtttons and alternattons shall substanttally conform to the submttted elevation tttled, "RENO VA TIONS TO THE RESIDENT OF SHERYL ROBINS and DARREN NOLT, "Sheet 3, prepared by Folck West & Savage, dated 7/5/01 Satd elevatton ss on file wtth the Ctty of Vtrgtnta Beach Planning Department 3 The deck shall not be enclosed Vottng 10-0 (By Consent) Counctl Members Voting Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Margaret L Eure August 14, 2001 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING SINGLE-FAMILY DWELLING ON PROPERTY LOCATED AT 5303 OCEAN FRONT AVENUE, IN THE DISTRICT OF LYNNHAVEN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, Sheryl Ann Robins (hereinafter the "Applicant") has made application to the City Council for authorization to enlarge and alter a nonconforming single-family dwelling situated on a certain lot or parcel of land having the address of 5303 Ocean Front Avenue, in the R-5R Residential Resort District; and WHEREAS, the said single-family dwelling is a nonconforming use, in that there are two such dwellings on the same lot; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement and alteration of a nonconforming structure is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed structure, as enlarged and altered, will be equally appropriate or more appropriate to the zoning district than is the existing structure; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed structure, as enlarged and altered, will be equally appropriate to the district as is the existing structure. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed enlargement and alteration of the Applicant's single-family dwelling is hereby authorized, upon the following conditions: 1. The additions to the existing structure shall be developed in substantial conformance with the submitted site plan titled "RENOVATIONS TO THE RESIDENCE OF: SHERYL ROBINS + DARREN NOLT 5303 Ocean Front Avenue Virginia Beach Virginia," prepared by Folck West & Savage Architects, dated 7/5/01. Said plan is on file 35 36 37 38 39 40 41 42 43 44 45 with the City of Virginia Beach Planning Department. The proposed stairs as shown on the north side of the deck structure shall not be constructed. The stairs may, however, be constructed on thesouth side of the proposed deck; 2. The additions and alterations to the existing structure shall substantially conform to the submitted elevations titled "RENOVATIONS TO THE RESIDENCE OF SHERYL ROBINS AND DARREN NOLT", Sheet 3, prepared by Folck West & Savage, dated 7/5/01. Said elevation is on file with the City of Virginia Beach Planning Department; and 3. The deck shall not be enclosed. 46 47 48 49 50 51 52 53 54 55 56 57 58 Adopted by the Council of the City of Virginia Beach on the 14th day of August , 2001. CA-8218 bkw/work/nonconrobins, wpd R-1 August 3, 2001 APPROVE AS TO CONTENT: ,, APPROVED AS TO LEGAL SUFFICIENCY' Department of Law - 39- Item IV-K. 6. PLANNING ITEM #48529 Lucy Rutter, 2165 Pungo Ferry Road, Phone 426-3435, the apphcant, and requested the apphcatton be REFERRED BACK TO THE PLANNING COMMISSION to modtfy and reduce the stze (6 acres/25 feet deep) The followtng regtstered tn OPPOSITION: H M Dudley, Jr, 3121 Old Pungo Ferry Road, Phone 426-7351, presentedpettttons tn opposttton Chester Myrtck, 5409 Buzzard Neck Road Mark Ehlermann, 677 Prmcess Anne Road, Phone 426-7131 Shane Leedy 675 Prtncess Anne Road, Phone 476-9076 Upon morton by Counctl Lady Henley, seconded by Counctl Lady Wtlson, Ctty Counctl DENIED Ordtnance upon apphcatton of PUNGO FERRY, INC.,for a Condtttonal Use Permtt an ORDINANCE UPON APPLICATION OF PUNGO FERRY, INC , FOR A CONDITIONAL USE PERMIT FOR A BORROW PIT Ordtnance upon Apphcatton of Pungo Ferry, Inc , for a Con&ttonal Use Permtt for a borrowptt on the south stde of Pungo Ferry Road, 1350feet more or less west of Prmcess Anne Road (GPIN #2308-51-0736) SaM parcel ts located at 2165 Pungo Ferry Road and contatns 48 acres DISTRICT 7 - PRINCESS ANNE Vottng 9-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Abstatntng Nancy K Parker Counctl Members Absent Margaret L Eure Counctl Lady Parker DISCLOSED she and her husband are the owners of Parker Pools' Counctl Lady Parker ABSTAINED as the apphcant ts the daughter of one of thetr chents August 14, 2001 - 40- Item IV-K. 7. PLANNING ITEM #48530 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED Ordtnance upon apphcatton of BONITA A. LINDENBERG for a Condtttonal Use Permit ORDINANCE UPON APPLICATION OF BONITA A LINDENBERG FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (CERTIFIED PUBLIC ACCOUNTANT) R08013064 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Bontta A Ltndenbergfor a Con&ttonal Use Permtt for a home occupatton (Certtfied Pubhc AccountanO on Lot 8, Block C, Sectton Two, Lynnhaven Woods (GPIN #1497-12-6606) Satd parcel ts located at 3012 Balsam Pine Court and contains 12,289 485 square feet more or less DISTRICT 3 - ROSE HALL The followtng conchttons shall be requtred 1. The Conditional Use Permit shall be valid for one year, at which time it will return to City Council 2 Thepubhc rtght-of-way (Balsam Pine Court) shall not be blocked or restrtcted by chent parktng 3 The office space wtthtn the dwelhng shall be hmtted to 340 square feet The Condtttonal Use Permtt for the home occupatton shall be hmtted to the months of August, September, October, November, December and January During thts ttme frame, when the Condtttonal Use Permtt ss vahd, no more than one (1) employee shall be allowed on stte at any one ttme 5 Durtng the months of February, March, April, May, June and July, there shall be no employees worktng at the property 6 No stgnage tdenttfytng the home occupatton shall be permttted 7 All requtrements set forth tn Sectton 234 of the Cay of Vtrgtnta Beach Zontng Ordtnance shall be mandatory Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance Adopted by the Counctl of the Cay of Vtrgtnta Beach, Vtrgtnta, on the Fourteenth qf August , Two Thousand One Vottng 10-0 (By Consent) Counctl Members Voting Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Margaret L Eure August 14, 2001 - 41 - I~em IV-K. 8. PLANNING ITEM #48531 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED Ordtnance upon apphcatton of ANCIENT ART TATTOO STUDIO LTD.,for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF ANCIENT ART TATTOO STUDIO LTD, FOR A CONDITION USE PERMIT FOR A TATTOO PARLOR R08013065 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Anctent Art Tattoo Studio Ltd, for a Condtttonal Use Permtt for a tattoo parlor at the northwest tntersectton o/ Cleveland Street and Opal Avenue (GPIN #1477-04-3 731) Satd parcel ss located at 4978 Cleveland Street and contatns 1 2626 acres DISTRICT2 - KEMPSVLLE The followtng condtttons shall be requtred The Condtttonal Use Permit for a tattoo parlor ss approved for one (1) year The apphcant may rea_~vl_v for a Condtttonal Use Permtt pursuant to the provtstons of the Ctty Zontng Ordtnance at the exptratton of the one_¥earpertod and thts apphcatton may be made prtor to the termtnatton of the one (1) ?ear pertod 2 A bustness hcense shall not be tssued to the apphcant wtthout the approval of the Health Department 3 o,~;,,~,z~ ,,,,u,o, Neon stgnage o_fan¥ type acc¢i~t~ shall not be permttted tn or on the wtndows and/or doors of the estabhshment 4 The actual tattootng operatton on a customer shall not be vtstble from any pubhc right-of-way adjacent to the estabhshment Thts Ordtnance shall be effecttve tn accordance with Sectton 107 (_O of the Zontng Ordinance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Fourteenth o£August , Two Thousand One Votmg 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent Margaret L Eure August 14, 2001 - 42 - Item IV-K. 9. PLANNING ITEM #48532 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED Apphcatton of FRANK YACONIELLO - AUTO PARTS INTERNATIONAL INC., t/a THE BUGHOUSE for a Condtttonal Use Permtt ORDINANCE UPON APPLICA TION OF FRANK YA CONIELLO - AUTO PARTS INTERNATIONAL INC, T/A THE BUGHOUSE FOR A CONDITIONAL USE PERMIT FOR THE SALE OF AUTO PARTS AND AN AUTOMOBILE REPAIR FACILITY R08013066 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Frank Yacontello - Auto Parts Internattonal Inc , T/A The Bughouse for a Condtttonal Use Permit for the sale of auto parts and an automobtle repatr facthty at the northwest corner of Southern Boulevard and Southgate Avenue (GPIN #1467-94-1190) Satd parcel ts located at 5024 Southern Boulevard and contatns 18,125 square feet DISTRICT 2 - KEMPSVILLE The following conditions shall be required 1 All bodywork and repatrs shall be performed tnstde the butldtng 2 No outdoor storage of equipment, parts, materials or junked vehtcles shall be permttted No outstde storage of vehtcles tn a state of obvtous chsrepatr shall be permitted If vehicles tn this condition reqmre storage, then such storage shall be wtthtn the butldtng Elevated planters shall be tnstalled along the eastern stde of the butldtng and along the southern stde of the bmldtng These planters shall be located so as to provtde a conttnuous hortzontal swath of plant matertal This Or&nance shall be effective tn accordance wtth Sectton 107 09 of the Zomng Ordinance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Fourteenth of August, Two Thousand One Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Margaret L Eure August 14, 2001 - 43 - Item IV-K. I O. PLANNING ITEM #48533 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED Ordtnance upon apphcatton of STAR OF THE SEA CHURCH for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF STAR OF THE SEA CHURCH FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL/CHURCH PARKING LOT R08013067 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Star of the Sea Church for a Conchttonal Use Permtt for a commerclal/church parktng lot at the northwest corner of Pactfic Avenue and ]5th Street (GPIN #2427-16-6403) Satd parcel ts located at 1500 Pactfic Avenue and contains 22,500 square feet DISTRICT 6- BEA CH The followtng condtttons shall be requtred Development of the parktng lot shall adhere to the requtrements of the Site Plan Ordtnance, Appendtx C and Sectton 23-58 of the Ctty Code, except that tn heu of fencmg as provtded for as an alternattve under Sectton 23-58(J)(2), the lot shall be screened by landscaping meettng the requtrements of the Ctty's parktng lot landscaptng spectficattons and standards pertatntng to pertmeter screemng and that tn heu of a gravel surface the enttre area to be used for parktng shall be paved and tmproved to meet ordtnance requtrements and Ctty standards The area may not be used for a commerctal parktng lot unttl all tmprovements requtred by Sectton 23-58 and as modified by the condtttons of thts use permtt are tnstalled The attendant statton shall be located at least 50 feet back from Pactfic Avenue tn order to reduce the stacking of motor vehtcles on to Pacific Avenue Any stgn shall meet the provtstons of Sectton 23-58(g) and shall be approved by the Dtrector of Planning or hts destgnee prtor to betng granted a permit Thts Ordtnance shall be effecttve tn accordance with Sectton 107 09 of the Zontng Or&nance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Fourteenth ofAugust , Two Thousand One Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent Margaret L Eure August 14, 2001 Item I V-K. 11. - 44 - PLANNING ITEM #48534 Upon motton by l,'tce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl DEFERRED to the August 28, 2001, Ctty Counctl Sesston, Ordtnance upon apphcatton of FRANCES MOSCOPOLOS and THE RESERVE 2000, INC.,for a Condtttonal Change of Zontng ORDINANCE UPONAPPLICA TION OF FRANCES MOSCOPOLOS AND THE RESERVE 2000, INC, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R- 7 5 RESIDENTIAL DISTRICT TO CONDITIONAL A-12 APAR TMENT DISTRICT WITH A PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT Ordtnance upon Apphcatton of Frances Moscopolos and The Reserve 2000, Inc, for a Change of Zonmg Dtstrtct Classtficatton from R-7 5 Restdenttal Dtstrtct to Condtttonal A-12 Apartment Dtstrtct wtth a PD-H2 Planned Untt Development Dtstrtct on the west stde of Wttchduck Road, 420feet more or less north of Wttchduck Court (GPIN #1467-99-2254) The proposed zontng classtficatton change to Condtttonal A-12 wtth a PD- H2 Dtstrtct Overlay ts for multt-famtly land use at a denstty no greater than 12 dwelhng untts per acre The Comprehenstve Plan recommends use of thts parcel for a suburban restdenttal/low denstty use tn accordance wtth other Plan pohctes Satd parcel contatns 12 acres DISTRICT 4 - BA YSIDE Voting 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Margaret L Eure August 14, 2001 Item IV-K. 12. - 45 - PLANNING ITEM #48535 Upon motton by Councd Lady Henley, seconded by Councdman Jones, Ctty Councd DENIED the Ordtnance upon apphcatton of McGINNIS REALTY & DEVELOPMENT COMPANY for a Change of Zontng Dtstrtct Classtficatton ORDINANCE UPON APPLICATION OF MCGINNIS REALTY & DEVELOPMENT COMPANY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AGRICULTURAL DISTRICT TO A-12 APARTMENT DISTRICT WITH A PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 0 VERLA Y Ordtnance upon Apphcatton of McGtnms Realty & Development Company for a Change of Z orang Dtstrtct Classtficatton from AG-1 Agrtcultural Dtstrtct to A-12 Apartment Dtstrtct wtth a PD-H2 Planned Umt Development Dtstrtct Overlay on certatn property located on the south stde of Shtpps Corner Road begtnmng at a potnt 500feet east of Holland Road (GPIN #1495-27-3068, part of #1495-16-8900) The proposed zomng classtficatton change to A-12 with a PD-H2 Dtstrtct Overlay ts for multt- famdy land use at a denstty no greater than 12 dwelhng umts per acre The Comprehenstve Plan recommends use of this parcel for a vartety of employment uses tncludmg bustness parks, offices, tndustrtal and employment support uses tn accordance wtth other Plan pohctes Satd parcel contains 8 acres DISTRICT 7 - PRINCESS ANNE Vottng 10-0 Councd Members Voting Aye Ltnwood 0 Branch, III, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent Margaret L Eure August 14, 2001 Item IV-K.I$. - 46- PLANNING ITEM #48536 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED an Or&nance upon apphcatton of OCEAN TIDE ASSOCIATES for a Change of Zonmg Dtstrtct Classtficatton ORDINANCE UPON APPLICATION OF OCEAN TIDE ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-4 RESORT COMMERCIAL DISTRICT TO A-18 APARTMENT DISTRICT WITH A PD-H2 PLANNED UNIT DE VEL OPMENT DISTRICT 0 VERLA Y Z08011207 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of Ocean Tide Assoctates for a Change of Zonmg Dtstrtct Classtficatton from B-4 Resort Commerctal Dtstrtct to A-18 Apartment Dtstrtct with a PD-H2 Planned Umt Development Dtstrtct Overlay on the south stde of Shore Drive, west of Jade Street on Lots 1 and 2, Block 7, Plat of Lynnhaven Shores (GPIN #1489-99-3266) The proposed zonmg classtficatton to A-18 wtth a PD-H2 Overlay ts for multtfamtly land use at a denstty no greater than 18 dwelhng umts pet' acre The Comprehensive Plan recommends use of thts parcel for resort uses tncludmg lodgtng, retail, entertamment, and other uses tn accordance wtth other Plan pohctes SaM parcel contams 12,196 8 square feet DISTRICT 5 - L YNNHA VEN The followtng conchttons shall be requtred 1 Development of the subject property shall be as a restdenttal condomtntum tn et seq , Code of Vtrgtnta Development of the subject property shall be tn accordance wtth the submttted Zonmg Exhtbtt and Land Use Plan of Inlet Shore Condommtum - Phase IV, for McGmms Realty and Development Company by Gallup Surveyors and Engmeers, Ltd dated May 1 O, 2001 ("Plan") 3 The subjectproperty comprises 9 28 acres of land as deptcted on the Plan There shall be no more than one (1) restdenttal structure contatntng a total of no more than four (4) restdenttal dwelhng untts constructed on the property The maxtmum lot coverage by butldtngs shall be fifiy percent (50%) The restdenttal umts shall be located tn fourplex structures havtng stmtlar archttectural destgn to Phases 1-111 of Inlet Shore Condomtntum (DSC Ftle #H03-540) wtth a maxtmum hetght of forty-five feet (45') Each umt shall have a one car garage and a drtveway to accommodate two vehtcle parktng spaces Each restdenttal untt wtll have a hvtng area of approxtmately 1,500 square feet and wtll contain two bedrooms and two and one-half baths Each restdenttal structure shall utthze htgh-grade vinyl stdtng and trtm as thepredomtnant extertor surface matertal along wtth brtck accent Drtveways, parking areas, stdewalks and the dratnage retentton areas deptcted upon the Plan shall be matntatned by the Condomtntum Untt Owner's Assoctatton, whtch wtll be comprised of the owners of all four (4) untts tn Phase IV and the twelve (12) untts tn Phases 1-111 August 14, 2001 Item IV-K. 13. -47- PLANNING ITEM #48536 (Continued) Landscaping and fenctng for Phase IV shall be the same as that approved for Phases 1-111 of Inlet Shore condommtum (DSC Fde #H03-540) All of the landscaping shall be mamtamed by the Condomtntum Untt Owner's Assoctatton The street deptcted on the submttted Plan shall be private and shall be matntatned by the Condomtmum Untt Owner's Assoctatton The budding setbacks shall be a mmtmum of twenty-five feet (25') from Shore Drtve (I/artable R/I49, etght feet (8')from Phase III of Inlet Shore Condomtntum on the east (DSC Ftle #H03-540) and ten feet (l O') from the addacent property to the west, all as depicted on the Plan 10 The extsttng bdlboards on thts property shall be removed prtor to the tssuance of buddmg permtts, as they are located wtthm the buddtng footprtnt 11 The property shall not be utthzed for any purpose other than as permttted tn the A-18 Zontng Dtstrtct 12 There shall be no decks, sheds, pools, hot tubs or other stmdar structure tn any of the setback areas or between butldtngs 13 The butldtngs shall be substanttally stmtlar to the submttted elevatton drawtngs, tttled, "Lynnhaven Shores Condomtntums", dated July 2 7, 2000, and prepared by Retch Destgn Associates, l/trgtnta Beach, Vtrgtnta 14 A rtght-of-way reservatton up to 8 5feet along Shore Drtve shall be tndtcated on the development site plan prior to the issuance of any necessary stte development approvals This Ordinance shall be effective tn accordance wtth Sectton 107 09 of the Zoning Ordmance Adopted by the Councd of the Ctty of l/trgtnta Beach, Vtrgtnta, on the Fourteenth of August , Two Thousand One l/otmg 10-0 (By Consen0 Councd Members l/ottng Aye Ltnwood 0 Branch, III, }Vdham }V Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, I&ce Mayor Ig'tlham D Sessoms, Jr and Rosemary Wdson Councd Members Voting Nay None Counctl Members Absent Margaret L Eure August 14, 2001 - 48- Item IV-L. 1. APPOINTMENTS ITEM # 4853 7 B Y CONSENSUS, Ctty Counctl RESCHEDULED the followtng APPOINTMENTS: DEVELOPMENT AUTHORITY RESORT AD VISOR Y COMMISSION (Rd C) August 14, 2001 Item IV-L. 2. - 49- APPOINTMENTS ITEM # 48538 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl APPOINTED: Nadine L Hook Unexpired term thru 12/31/04 BOARD OF ZONING APPEALS (BZA) Voting I 0-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wilson Counctl Members Vottng Nay None Counctl Members Absent Margaret L Eure August 14, 2001 Item IV-L. 3. - 50- APPOINTMENTS ITEM # 48539 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl APPOINTED: Michael L. Clark Unexpired term thru 12/31/01 plus 3-Year Term thru 12/31/04 COMMUNITY SER VICES BOARD (CSB) lin accordance wtth Vtrgtnta State Code, Sectton 3 7 1-195, tnformatton on the above proposed appointee ss avatlable tn the Office of the Ctty Clerk] Vottng 10-0 Counctl Members l/'ottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, I/ice Mayor ~tlham D Sessoms, Jr and Rosemary Wtlson Council Members Vottng Nay None Counctl Members Absent Margaret L Eure August 14, 2001 Item IV-L. 4. - 51 - APPOINTMENTS ITEM # 48540 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl APPOINTED: Carolyn R. Lincoln 4-Year Term 7/1/01 - 6/30/05 SOCIAL SER VICES BOARD Vottng 10-0 Counctl Members Voting Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, dr, Barbara M Henley, Louts R done& Reba S McClanan, Robert C Mandtgo, dr, Mayor Meyera E Oberndorf, Nancy K Parker, IZtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Margaret L Eure August 14, 2001 - 52 - Item IV-O. ./ID JO URNMEN T ITEM #48541 Mayor Meyera E Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:55 P.M. Beverly 0 Hooks, CMC Chief Deputy Ctty Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgmta Beach Vtrgtnta August 14, 2001 We the undersigned oppose the creation of a borrow pit on the south s~de of Pungo Ferry Road, 1350 feet more or less west of Pnncess Anne Road (GPIN #2308-51-0736) Smd parcel is located at 2165 Pungo Ferry Road and contmns 48 acres. DISTRICT 7 - PRINCESS ANNE · 2. 3. 4. 5 6. 7. 8. 9. 10 11 12. 13 14. 15. 16. 17. 21. 22 2: 25' We the undersigned OPPOSE the creation of a borrow pit on the south side of Pungo Ferry Road, 1350 feet more or less west of Pnncess Anne Road (GPIN #2308-51-0736) Said parcel is located at 2165 Pungo Ferry Road and contains 48 acres DISTRICT 7 - PRINCESS ANNE , 9. 10 11 12. 13. r?b 14. -)rD O.O.r~e C ~ 1 16. 17. 18. 19. We the undersigned OPPOSE the creation of a borrow pit on the south side of Pungo Ferry Road, 1350 feet more or less west of Princess Anne Road (GPIN #2308-51-0736) Said parcel is located at 2165 Pungo Ferry Road and contains 48 acres. DISTRICT 7 - PRINCESS ANNE 21/~ ' '~ - - ' 22. ~~ ~ o~ ~aW~ ~X 23. 24. 25. 26. 27. 28. We the undersigned OPPOSE the creation of a borrow p~t on the south side of Pungo Ferry Road, 1350 feet more or less west of Pnncess Anne Road (GPIN #2308-51-0736) Said parcel is located at 2165 Pungo Ferry Road and contains 48 acres. DISTRICT 7 - PRINCESS ANNE 6. 9 10, 11 12. 13. 14. 15. 16. 17. 18. 19. z' 20. 21. 22, 23. 24, 25. 26. 27. Z ,"1 (( L "~,J ? , 7 We the undersigned OPPOSE the creation of a borrow pit on the south side of Pungo Ferry Road, 1350 feet more or less west of Pnncess Anne Road (GPIN #2308-51-0736) Said parcel is located at 2165 Pungo Ferry Road and contains 48 acres DISTRICT 7 - PRINCESS ANNE 1. 2. 3, 4. 5. 6. 7. 8 9 ' 10.'- !1. 12. 13. 14. 15' 16. 17. 18, 19. 20. 21. 'x 22. 23. 24. 25. 26. 27. 28. We the undersigned oppose the creation of a borrow p~t on the south s~de of Pungo Ferry Road, 1350 feet more or less west of Pnncess Anne Road (GPIN #2308-51-0736) Smd parcel ~s located at 2165 Pungo Ferry Road and contains 48 acres DISTRICT 7 - PRINCESS ANNE e 10. !!. 12. 13 14 15. 16. 1 1 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. We the undersigned OPPOSE the creation of a borro~v pit on the south side of Pungo Ferry Road, 1350 feet more or less west of Princess Anne Road (GPIN #2308-51-0736). Said parcel is located at 2165 Pungo Ferry Road and contains 48 acres. DISTRICT 7 - PRINCESS ANNE. 14. 15./t We the undersigned OPPOSE the creation of a borrow pit on the south side of Pungo Ferry Road, 1350 feet more or less west of Pnncess Anne Road (GPIN #2308-51-0736) Smd parcel ~s located at 2165 Pungo Ferry Road and contains 48 acres DISTRICT 7 - PRINCESS ANNE . 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. We the undersigned OPPOSE the creation of a borro(v pit on the south side of Pungo Ferry Road, 1350 feet more or less west of Princess Anne Road (GPIN//2308-51-0736). Said parcel is located at 2165 Pungo Ferry Road and contains 48 acres. DISTRICT 7 - PRINCESS ANNE. 4. Se 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. We the undersigned OPPOSE the creation of a borrow pit on the south s~de of Pungo Ferry Road, 1350 feet more or less west of Princess Anne Road (GPIN #2308-51-0736) Said parcel is located at 2165 Pungo Ferry Road and contmns 48 acres DISTRICT 7 - PRINCESS ANNE 1 2 3. 4. Se 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Page 1 of 1 August 13,2001 To Whom It May Concern I, the undersigned Owner of the farm and house located at 722 Princess Anne Road, oppose the creation of a borrow pit on the South side of Pungo Ferry Road, 1350 feet more or less West of Princess Anne Road Edna A. Spence m~me//0x004D2868/ 8/14/01 We the undersigned OPPOSE the creaUon of a borrow pit on the south side of Pungo Ferry Road, 1350 feet more or less west of Princess Anne Road (GPIN #2308-51-0736) Said parcel is located at 2165 Pungo Ferry Road and contmns 48 acres DISTRICT 7 - PRINCESS ANNE 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. CITY OF VIRGINIA BEACH '"~ Department of Planning ~~,*~ (757) 427-4621 , ,~.~ Fax (757)426-5667 MEMORANDUM July 23, 2001 TO: FROM: SUBJECT: James K. Spore, City Manager Robert J. Scott, D~rector of Planning Wireless Communication Towers Report As you may recall, at the May 8, 2001 City Councd public hearing, City Council indefinitely deferred two Conditional Use Permit requests for wireless communication towers. Council deferred the requests to provide C~ty Staff with the t~me necessary to respond to several queshons from the C~ty Council concerning w~reless communication towers. Staff has conducted extensive research, reviewed current procedures for evaluation of communication tower Conditional Use Permits, researched current w~reless communication industry practices and trends, d~scussed relevant ~ssues with representatives of the industry, and consulted with land use and zoning professionals actwe in this topic area of planning and land use development. The attached report is the result of our research and analys~s. I am providing the report to you for your review and transmittal to the C~ty Council for their informahon. It ~s our ~ntent to put the two deferred Conditional Use Permit applicabons for towers on C~ty Council's agenda for their August 14 pubhc hearing. The applicants have been notified that the report ~s complete and will be transmitted to C~ty Council pnor to that heanng. If you have any questions, please contact me at your convenience. c: Stephen J. White, Current Planning Information Report TOPIC W~reless Communication Towers BACKGROUND At the May 8, 2001 City Council public hearing, City Council indefinitely deferred two Conditional Use Permit requests for wIreless communication towers. Council deferred the requests to provide C~ty Staff with the time necessary to respond to several questions from the City Council concerning wireless communlcabon towers. In general, those quesbons were: 1. Where are wireless communication towers currently located throughout the c~ty? 2. How many different providers of w~reless communication currently operate ~n the c~ty'~ Are more coming? 3. How do we currently evaluate Conditional Use Permit requests for towers'~ Does this need to change in the future? 4. What are the future poss~bil~bes for th~s ~ndustry and what impact m~ght that have on how we evaluate tower requests? To respond to these questions, Staff has researched existing towers in the city, reviewed current procedures for evaluation of communication tower Cond~bonal Use Permits, researched current w~reless communication industry prachces and trends, d~scussed these issues with representatives of the industry, and consulted with land use and zoning professionals achve ~n this topic area of planning and land use development. This report addresses the questions presented above through the following four areas of discussion: 1. Development of the wireless communication industry to the present; 2. Potential future directions of the industry; 3. Existing methods of regulation of the development and use of towers by the City of Virginia Beach; and 4. Modifications that may be needed to ensure the continuation of the C~ty's effechve regulabon of and excellent relationship with the wireless communication industry. DISCUSSION Development of the Wireless Communication Industry In 1973, Motorola ~ntroduced its revolutionary new "DynaTAC" mobile phone, a conveniently sized radiotelephone set. In 1977, The Federal Communications Commission (FCC) authonzed two experimental licenses - to AT&T in Chicago, and to Motorola and Amencan Radio Telephone Service, Inc. in the Baltimore/Washington, D.C. corridor. Information Report W~reless Commumcabons Page 2 of 23 As these systems were put into place, the FCC began to consider how best to grant commercial I~censes to provide wireless service. AT&T supported a single wireline company in each market, while non-w~rel~ne companies argued for a competitive marketplace. In May 1981, the FCC announced that there would be two licenses in each market - a non-wireline carrier (the so-called "A" side carner) and a w~reline (local phone) company (the "B" side carrier.) Two licensees would serve each of the 306 urban areas deemed Metropolitan Stat~shcal Areas (MSAs) and each of the 428 Rural Service Areas (RSAs). MSAs cover 75 percent of the population and 20 percent of the landmass while RSAs cover 25 percent of the population and 80 percent of the landmass. On October 18, 1983, after determining that there were problems with the method by which licenses were being distributed, the FCC announced that Iottenes would be used to award I~censes ~n all markets below the top 30 systems The FCC then spent the next s~x years fine-tuning the lottery process, as hundreds of thousands of applications were filed for the remaining hcenses. By 1984, at least one c~ty - Washington, D.C. - had two compebng w~reless providers. By 1990, construcbon permits had been ~ssued for at least one system ~n every market ~n the Un~ted States. By the end of 1990, long before most systems had come on-line, the wireless subscriber count topped five milhon. The total number of subscnbers broke the 10 million mark on November 23, 19~;2. In August 1993, the FCC received authorization to auction PCS (personal communications service) licenses. The FCC defined PCS as a "broad family" of mobile radio services which could be used to provide service to individuals and businesses, and would be integrated with a variety of competing networks. The FCC anticipated that PCS licenses would be used to provide such new services as advanced voice paging, two-way acknowledgment paging and data services. S~nce the I~censing of PCS providers and the distribubon of Enhanced Specialized Mobile Radio Services (ESMR) by Nextel and other ESMR providers, the number of competitive options available to consumers has multiplied across the country. The w~reless competition that began in 1983 with two licensees per market was further expanded ~n 1995 to provide for up to n,ne carners per market. Today, there are 100 mdhon U.S. wireless subscribers, or more than 36 percent of the U.S. population. The number of subscnbers ~s growing at a rate of 67,082 new w~reless subscnbers every day, or about one subscriber every two seconds. Recent studies suggest that the number of w~reless communication subscribers will double w~thm the next two years. How Wireless Communication Works (from http //www wow-corn com/consumer/how/tworks/, Cellular Telecommunications & Internet Association) When you make a call on your wireless phone, the message is transmitted by Iow- energy radio s~gnals to the nearest antenna s~te, which connects with the local phone network. Your call is delivered by the phone lines to the office or home you d~aled, or by radio signals to another wireless phone. W~reless technology uses individual radio frequencies over and over again by diwding a service area into separate geographic zones called cells. Cells can be as small as an indiwdual building (say an airport or arena) or as b~g as 20 miles across, or any size in between. Each cell is equipped w~th ~ts own radio transmittedrece~ver antenna. Information Report W~reless Commumcat~ons Page 3 of 23 Because the system operates at such a Iow power, a frequency being used to carry a phone conversation in one cell can be used to carry another conversation in a nearby cell without interference (this allows much greater capacity than radio systems like Citizens Band (CB) ~n which all users must try to get their messages on the same hm~ted channels). When a customer using a wireless phone - car phone or portable - approaches the boundary of one cell, the w~reless network senses that the signal is becoming weak and automatically "hands off" the call to the antenna in the next cell into which the caller is traveling. When subscribers travel beyond their home geographical area, they can still make w~reless calls. The wireless carrier in the area where they are traveling prowdes the service. This is called "roaming." Each cellular antenna tower is linked to a mobile switching center (MSC), which connects the wireless call to the local "wired" telephone network on the ground. W~reless communication providers own their MSCs while they may lease space on the tower. The mobile telephone ~ndustry is limited to 45 megahertz (MHz) of spectrum, which w~thout frequency-reuse, would limit each cellular carrier to 396 frequencies or voice channels. In order to increase calhng capacity, these Iow power facilihes "reuse" frequencies on the radio spectrum. The manner in which prowders organize, or "configure," their cells is an important factor in increasing frequency reuse and establishing an area's calling capacity. I:LECTI~OIIIA~Ni:TIC SPI:CTI:]UM Fmquen c~/l-lz ELECTRIC FOWER CELLULAR PHONES & ENHANCED SPECIALIZED MOBILE RADIO (ESMR) VE~IB LE ULTRA GAMMA RADIO & TV M lC ROWAVE IN PI:;'A RED LIGHT VIOLET X-RAYS RA","'.~ o' to~' Souzce SANDAG, 1996 Analog cellular operates in the 800MHz frequency range and is available across 95 percent of the Un~ted States. Analog cellular service sends a voice through the air using continuous radio waves. As the voice signals travel through the a~r they get weaker with distance. Equipment ~n the cellular network retun -. the s~gnal to ~ts original strength, or amphfies it. This technology ~s the preclominant system ~n use today. The operating system (called the air interface) for analog ~s called Advanced Mobile Phone Service (AMPS). AMPS transmits voices as frequency modulahon (FM) radio signals. The original cellular standard, AMPS has been the most widely used system in the U.S., although d~gital networks are catching up quickly. A vanahon on AMPS ~s narrow-band advanced mobile phone service, or NAMPS, which uses a narrower bandwidth and has greater data capabilities. Digital cellular shares the 800MHz frequency band with analog and is usually available where analog service is offered. In digital transmissions, a conversation ~s converted into the ones and zeros of computer code. Unlike analog transmissions that are sent out as a continuously varying electncal signal in the shape of a wave, d~g~tal transmissions are a combination of on-and-off pulses of electricity. Several incompatible a~r interfaces are used to implement digital Information Report W~reless Commumcabons Page 4 of 23 cellular networks, including Code Division Multiple Access (CDMA) and Time D~v~sion Multiple Access (TDMA). CDMA is also known as spread spectrum technology because it uses a Iow-power signal that is "spread" across a wide bandwidth. With CDMA, a phone call is assigned a code, which identifies ~t to the correct receiving phone. Using the identifying code and a Iow-power signal, a large number of calls can be carried simultaneously on the same group of channels. TDMA is a digital air interface technology designed to increase the channel capacity by chopping the signal into pieces and assigning each one to a different time slot, each lasting a fracbon of a second. Using TDMA, a single channel can be used to handle simultaneous phone calls. GSM stands for global system for mobde communications. It is a type of t,me diwsion multiple access (TDMA) digital wireless network that has encrypt~on features. GSM ~s rapidly being deployed worldwide and is the standard in Europe at 900MHz. In the U.S., carriers are deploying GSM at 1900MHz, making GSM phones sold in the U.S. incompatible w~th European GSM phones, and vice versa. Digital services consist of the following types: Personal Communications Service (PCS)is an all-dig~tal service specifically designed for U.S. operations and is available in metropolitan areas. PCS is a term coined by the FCC to descnbe a d~gital, two-way, wireless telecommunications system licensed to operate between 1850-1990 MHz, although the FCC's rules descnbe "PCS" as a broad famdy of wireless services without reference to spectrum band or technology. PCS is capable of increased call capacity. PCS networks are CDMA, TDMA and GSM (see above). PCS provides ~mproved security from eavesdropping, better clarity, supports more phone calls per site, and transmits data more efficiently. Enhanced Specialized Mobile Radio (ESMR) service is also a digital service, formed by the application of digital systems to traditional dispatch "special~zed mobile radio" service spectrum, in the 800 and 900 MHz bands. By aggregating this spectrum, and applying a cellular- like digital network, an ESMR company is able to provide a cellular- or PCS-hke voice and data messaging service. NEXTEL is one such company, using Motorola's iDEN (TDMA-based) technology to deliver ESMR services in towns and cibes across the U.S. Licensed Wireless Communication Carriers in Virginia Beach There are currently eight hcensed wireless communications carriers in the Hampton Roads region. Virginia Beach is part of the Basic Trading Area (in terms of the FCC's w~reless regulations) that includes all of the neighboring cities and counties in Hampton Roads and the Outer Banks of North Carolina. The following table hsts the providers for this area and the type of service that they provide. Provider Service Type 1. Verizon Wireless (formerly known as GTE - merged with Bell Atlantic) (Analog) AMPS 2. AIItel (formerly known as 360 Communications and Cellular One) (Analog) AMPS 3. nTelos (formerly Pnmeco) (Digital PCS) CDMA Information Report W~reless Commumcabons Page 5 of 23 4. Suncom / AT&T W~reless (D~gital PCS) TDMA 5. Spnnt PCS (Digital PCS) CDMA 6. Nextel Communicabons (Digital PCS) ESMR NextWave (now bankrupt- the FCC is (Digital PCS)- 7. re-auctioning these licenses) [unknown] 8. VoiceStream (new entry into the area) (Digital PCS) GSM Currently, both of the Analog carriers in the area have been modifying their systems to d~g~tal. The location of approved towers ~n the C~ty of V~rgima Beach ~s md~cated on the attached map and table. While there are advantages and disadvantages of both analog and digital technologies, they are based on a single concept of service touched on briefly earlier ~n th~s report. The concept involves overlapping the radio signals in a cell ~.~ pattern, which allows uninterrupted ~ .~- communicabon ('handoff') for the mobile user. To accomplish this goal, the commun~cabon sites must be arranged ~n a fashion that will not prevent this handoff '~,~ / ~ and then result ~n call interrupbon ('drop'). Factors that complicate the implementation of a design include natural characteristics such as trees and h~lls, as well as man-made objects, such as buildings, that can block or weaken the signals. Of course, the h~gher the antenna, the fewer the sites that may be needed. However, zoning considerations and Federal Aviation Administration (FAA) requirements serve to I~mit antenna height. Generally, towers in Virginia Beach are under 200 feet above mean sea level (MSL). When the antenna array is lower, more sItes are needed as the signal propagates less efficiently. Types of Antenna Sites and Towers Wireless communication sites can be generally categorized by level of ~mportance ~n providing service: , Launch Sites are the most critical ~n the Lurid-out of a network. These sites are the core foundations necessary to launch or commercially operate in a market. Currently, VoiceStream ~s the only operator in V~rginia Beach secunng Launch Sites. A Conditional Use Permit application for a tower to be used as a Launch Site for VoiceStream is currently pending before the Planning Commission. , Fill-In Sites are sites in which the original launch design did not predict the need for a s~te and customer complaints of poor service are common. An example of this type of s~te is the pend~n9 Condibc,~al Use Permit application of Crown / Suncom for a stealth tower near McComas Way ~n Strawbridge. Original designs at the launc,~ of Suncom's service did not adequately predict the rapid increase in growth and traffic ~n th~s area of the c~ty. . Capacity Sites are sites needed to 'off-load' or assist a neighboring site or sites that have an excess of customer use, causing calls to be 'blocked' (not connected). When this happens, the site has reached its capacity in the number of calls ~t can process. This problem can usually be resolved through the use of a rooftop antenna or some other 'stealth' applicabon. Informabon Report W~reless Communications Page 6 of 23 , Expansion Sites are purely customer demand driven, as ~s the case of the current Conditional Use Permit apphcabon before the City Councd for SBA/Nextel on Pungo Ferry Road. W~reless communicabons utilize three d~fferent kinds of antennas to transmit data (see d~agram below): wh~p antennas, panel antennas, and d~sh antennas. Whip and panel antennas function as the transmitters and receivers of the radio waves that carry the conversation on a mobile phone, or the data for pagers. D~sh antennas serve as the link between the central switching computer (this links into the wire-based telephone network for conventional phones), and the whip or panel antennas. ANTENNAS WHIP ANTENNA PANEL ANTENNA DISH ANTENNA 2-61NCH ES 6-t~ INCHES I 4-$ FEEl' ~ 6-8 INCHES ~ 5- 3 FEET I 4-6 FE Sou.~e SANDAO, 1996 Whip antennas (also known as stick, omnidirectional, or pipe antennas), emit s~gnals ~n a 360 degree horizontal plane and a compressed vertical plane. Shaped cylindrically, whip antennas have d~ameters between two and six inches and measure between one and e~ghteen feet ~n height. Panel antennas (also known as sector antennas) have vertical and horizontal planes that aim signals in specific directions. Panel antennas generally measure four to five feet ~n height, six to twelve inches ~n width, and six to eight inches in depth. Dish antennas (also known as m~crowave dishes) have a different function than wh~p and panel antennas. Instead of emitting radio waves that carry the call between a wireless phone and its intended receiver, d~sh antennas emit microwaves that provide the cntical link between the central computer switching system and the appropriate transmitting or receiving antennas. Essentially, d~sh antennas send microwave signals that allow the central sw~tch to transfer the call between the various antennas closest to the mobile user (SANDAG, 1996). Dish antennas generally measure four to six feet in diameter and one-and- a-half to three feet in depth. Equipment buildings or boxes located at the base of the tower typically accompany antenna structures. Cellular and ESMR equipment buildings are generally less than 500 square feet ~n diameter. PCS equipment facilities, often called base stabons, are self-contained weather-proof cabinets about the s~ze of a vending machine. The three types of antennas described above function on a line of sight transmission Antennas need to be placed at specific heights in relation to one another ~n order to transmit and receive signals. As a result, height is a determining factor in the design and siting of wireless communicabons facilities. Typically, there are three types of antenna support-structures used to place Information Report W~reless Commumcabons Page 7 of 23 antennas at desired heights: lattice towers, monopoles, and building-attached facil~hes. The first type of tower ~s the lattice tower. Ranging from 60 to 200 feet in height, I All'ICE TOWEItS Souz'ce SAI',TDAG, 1996 WH I P I:~NEL D ~H I;;Q UI PM gqT BULDI~IG lattice towers generally accommodate a variety of users, ~nclud~ng cellular, ESMR, PCS and paging companies, as well as public safety communications prowders. Illustrated here, these towers generally have three or four support steel "legs" and hold a variety of antennas. They can be found in areas where great height is needed, where multiple microwave antennas are required, or where the weather demands a structurally-sound design. Monopoles consist of a single pole, approximately three feet in diameter at the base, narrowing to roughly 1.5 feet at the top, and may support any comb~nabon of wh~p, panel, or dish antennas. Monopoles are used ~n all areas, but especially ~n rural areas, near freeways, or ~n areas where buildings are not of sufficient height to meet line of sight transmission requirements. Monopoles are used much more commonly than lattice towers I~ WHIP .NdTgqNAS wireless because by providers (mostly MONOPOLE FRNEL AN'"r'EI'~I'qA S they are less visually ~ntrusive, and therefore, "fnendher to local permitting agencies). DISH ~ITBqNA BQU IPMENT BULDING Source SANDAG, 1! on the roof of a building (facilities also as water tanks, bdlboards, church steeples, or other creative locations.). Although the visibility of building- attached facilities vanes, roof- mounted antennas are generally hidden from view because they are located in the middle of the roof or in boxed structures resembling air conditioning units. Likewise, building-mounted antennas are also unnoticeable ~f they are painted to match the color and texture of the building. Building-attached antennas are used, for cellular, ESMR, and PCS, in three general forms: (1) roof-mounted, mn which antennas are placed on the roofs of buildings, (2) building-mounted, in which antennas are mounted to the sides of buildings, or (3) on smaller towers located can be mounted on other structures such BUILDING-ATTACHED FACILITIES ROOF-MOUNTED ANTENNAS, Som'ce SAHDAO, 1996 The problem with the use of buildmg-mounted antennas in Virginia Beach is finding structures tall enough to function with the existing system. Although building-attached facilities are becoming common, they can be used only when buildings meet the height required for antennas to function within the surrounding system. BU I LDI PIG -MOUNTED ANTENNAS Information Report W~reless Commumcat~ons Page 8 of 23 Another way to protect the aesthetics of a community is to disguise towers. Known as "stealth" facilities, there are a number of architectural treatments that can be employed to hide a potentially damaging visual feature. Towers are disguised in many ways, such as trees, church steeples, or flagpoles (as seen ~n the picture below). This type of tower has been installed in the City of Virginia Beach as a flagpole at the ~ntersecbon of Northampton Boulevard and Diamond Springs Road. This same kind of stealth treatment is proposed for the tower pending before C~ty Council at McComas Way. Since the industry's inception, there has been a fundamental change in how prowders locate antennas on towers. The fundamental change is that most of the wireless providers are no longer ~n the tower owning business. Instead, they are becoming tenants, and are leasing s~tes from companies like Crown Castle, ~? Amencan Tower and S.B.A. These tower construcbon companies have bought many of the existing towers and are landlords, managing the tower much like an duplex or triplex residential building. The companies are also in the acquisition/consulting business and are being hired to find additional locations for wireless providers. Previously, wireless providers would direct their own staff look for tower sites. They would issue "search rings" for an area that was not being served or that was under-served. They would then work w~th communities to gain approval for the s~te; all the while Iocalibes were dealing directly w~th the decision maker (the w~reless provider) and their motives were generally very clear. Now, with the tower companies doing acquisition and tower-s~ting work, there ~s a tendency for the tower company to want to estabhsh new sites for their clients ratner than find an ex~stmg tower. While generally their contract w~th a local w~reless provider requires that they identify and explore the feasibility of locating on existing towers first, they may work harder to ~denbfy reasons why an existing tower is not suitable. The competition between the tower companies ~s starting to become fairly evident. The Planning Department's approach to th~s new approach to towers is to continue to strongly insist on pre-submittal meetings. At these meebngs, the Planning Department asks that not only the tower company consultant be present, but also the wireless provider. Th~s, plus the requirements of the C~ty Zoning Ordinance for communication towers (discussed later in this report) is the only way to ensure that there is a valid need for the tower. Future Directions for Wireless Consumer demand for w~reless services ~s at an all-time high. Cellular / PCS phone use is driving the need for new communications s~tes. Personal D~g~tal Assistants (PDAs), such as Palms and Handspnng Visors, and laptop computers include w~reless Internet capabilities, further driving the need for new sites and capacity. W~reless transfer of data and voice has become much faster, efficient, and economical than the use of standard telephone 'landlines.' In the near future, we can expect the installation of w~reless communication capab~libes in almost any dewce, ~ncludmg automobiles, home appliances, and even wristwatches. As a result, there wdl be a continued need for the ~nstallation of antennas and towers throughout the City of Virginia Beach. It is, of course, difficult to know then with any certainty how many antennas w~ll be needed and where they w~ll be needed due to the quickly changing ~ndustry such as telecommunications. A one-year or Informabon Report W~reless Commun~cabons Page 9 of 23 two-year time-frame for projections is possible, but beyond that, ~t is merely guesswork. For the ~mmediate future, the City can expect Conditional Use Permit requests for towers as needed for Fill-In Sites and Capacity Sites. The City can also expect tower requests for Launch Sites for VoiceStream as they enter the market and cannot find an exisbng tower to collocate on. What follows is, as Staff understands it, the network build-out status for the providers operating in the city: VoiceStream- most recent to enter the market. They will likely be seeking up to 100 s~tes throughout Hampton Roads. They are currently focused on collocation in order to achieve a rapid launch of their service. · Nextel Communications- With service launch originally initiated with a 'bare bones' number of sites, capacity and expansion issues have forced th~s provider to improve its service and expand at the same time in order to compete with the other prowders. This provider serves many commercial accounts in the construcbon and sales ~ndustries. This provider, due to the ESMR type of PCS that ~ts uses, has been known to interfere with the City's pubhc emergency radio system. This interference issue ~s being discussed between Nextel and representatives of the City's Communications and Information Technology Department. One means of ~mmed~ately addressing the problem ~s through the installabon of "building amplifiers" which 'boost' the signal of the radio system thereby reducing or el~m~nabng the chance of the signal being overcome by another w~reless prowder Building amplifiers are particularly useful for large buildings, such as a shopping mall, hotel, or mid-rise office building. For example, the recent renovabon of Lynnhaven Mall included the ~nstallabon of amplifiers that boost radio s~gnals so that w~reless communication devices can be used deep w~thin the building. · Suncom, Sprint, and nTelos- All of these carriers are in "fill-in" mode with few requirements for new towers. However, expansion into southern Virginia Beach as a supplement to the fill-in will be necessary, thus making ~t v~tal that any new towers ~n that area of the c~ty be built capable of accommodating collocabon. · AIItel- This carrier is pursuing fill-in sites due to capacity problems and consumer demand. However, expansion into southern Virginia Beach as a supplement to the fill-in wdl be necessary, thus making it vital that any new towers in that area of the city be built capable of accommodating collocation. · Verizon Wireless- In a similar position as AIItel, but less active. Existing system ~s adequate. Regulation of Wireless Communication Towers Federal The h~ghest level of regulabon for wireless communicabon towers is at the level of government, primanly through the Telecommunicabons Act of 1996. The objecbves of the Act are to promote compebbon among communications companies, and to spur private ~nvestment and open access to reformation networks through the creation of a more flexible regulatory environment. The ma~n debates during the discussions ~n Congress involving lobbyists covered the management of public nghts-of-way, local zoning authority over the siting of w~reless communications facilibes, cable franchising and rate regulation, taxing authonty and access. The ma~n concern for zoning officials during the Telecommunications Act debate was whether or not the then-existing FCC preemption of local zoning authority would be extended to include providers of cellular w~reless communicai~ons and D~rect Broadcast Satellite (DBS) dishes that were found ~n many communities. The projections for cellular tower construction were, and still are, a concern. Information Report W~reless Commun~cabons Page 10 of 23 Section 704 of the Telecommunications Act of 1996, as interpreted ~n controlling court decisions (most notably, in a case arising in Virginia Beach), allows the City Council considerable latitude ~n granting or denying applications for conditional use permit applications for the s~ting of w~reless communication towers. In dec~d~ng s~ting applications, the following rules apply: 1. The City Council may not unreasonably discriminate among providers of functionally equwalent serv,ces (e.g., analog v. digital); 2. No decision denying an applicabon may prohibit or have the effect of prohibiting the provision of personal wireless services; 3. Applications must be acted upon (i.e., granted or denied) within a reasonable period of t~me after the application ~s filed; 4. Decisions denying a request to place, construct, or modify a wireless communication tower must be in writing and supported by substantial ewdence contained in a written record 5. The City Council may not regulate the placement, construction, and modification of cell tower s~tes on the bas~s of the environmental effects of radio frequency emissions to the extent that such facilities comply w~th the FCC's regulations concerning such emissions. Section 704 also sets forth judicial remedies and procedures regarding appeals of denials of siting appl~cabons. The City Zoning Ordinance provisions regarding tower siting (Section 232), as well as standing City Council procedures in conditional use permit applications, comply with the requirements of Section 704. Section 704 also requires the federal government to take steps to help licensees ~n spectrum-based services, such as PCS and cellular, get access to preferred s~tes for their facd~ties. Federal agencies and departments will work d~rectly w~th licensees to make federal property available for this purpose, and the FCC will work w~th the states to find ways for states to accommodate licensees who wish to erect towers on state property, or use state easements and rights-of-way. The requirements of the Act as applied to the w~reless industry itself have resulted ~n a conhnuing stream of requests for towers. The sale by the government of r, ghts to operate at certain frequencies and the terms of the Act require companies to rapidly expand their serwce and provide coverage to the entire region. Th~s puts pressure on the companies to seek the necessary s~tes to make the service available as mandated. Th~s creates a tension between the need to have complete coverage as required by the Act and the desire to m~nim~ze towers that might intrude on the landscape of the community. Also ~mportant in this mix is the federal requirements regarding antitrust. The antitrust laws restrict the amount of cooperation that the various telecommunications carners can have with each other in regard to planning their networks and programs. The competition mandated by the government does not allow perfect planning to occur. This has resulted in each individual w~reless provider working d~rectly with the C~ty concerning what they anticipate their needs to be rather than addressing the needs and issues with each other. The Planning Department then, as the primary contact with the ~ndustry due to Section 232 of the CZO, uses the ~nformat~on gathered through each individual contact to attempt to develop an understanding about where the growth for each carner may occur in the near future. At the level, the w~reless provider is also required by the FCC to conduct a rad~ofrequency (RF) emissions study and a National Enwronmental Policy Act (NEPA) study. The RF study ensures that the emissions from the antenna are within safe range. The NEPA studies ensure that the impact on surrounding natural resource and cultural resources ~s neghg~ble. Information Report W~reless Commumcat~ons Page 11 of 23 Local In 1990, in response to an increasing number of applications to erect w~reless communication towers ~n the c~ty, a committee was formed to consider how to best deal w,th the siting of these facilities. The committee consisted of vanous representatives from City agencies including Planning, Police, Fire and Rescue, Information Technology and Public Works. A number of people outside of the City organization, including representatives from the then two "cellular companies" as well as representatives from Cox Cable and Virginia Power also served on the committee. As a result of the committee's work, City Council adopted section 232 of the City Zoning Ordinance (CZO). This section of the CZO, which provides the specific standards for review of communication tower Conditional Use Permits, has served as the basis for determining the appropriateness of erecting wireless communication towers in the c~ty. Sec. 232. Communication towers. (a) Application. Each application for a conditional use permit for a communication tower shall ~nclude the following information in addition to the general ~nformation required by this ordinance: (1) Site plan or plan drawn to scale specifying the location of tower(s), guy anchors (~f any), transmission building and other accessory uses, parking, access, landscaped areas (specifying size, spacing and plant materials proposed), fences, and adjacent land uses. The administrator of landscape services shall rewew and approve the landscaped areas shown on the site plan. (2) Report from a registered structural or c~vil engineer indicating tower height and design, structure, installation, and total anticipated capacity of structure (including number and types of antennas which could be accommodated). Th~s data shall satisfactorily demonstrate that the proposed tower conforms to all structural requirements of the Umform Statewide Building Code. (3) Statement from a registered engineer that the NIER (non~onizing electromagnetic radiation) emitted therefrom does not result in a ground level exposure at any point outside such facility which exceeds the lowest applicable exposure standards established by any regulatory agency of the U. S. Government or the American National Standards Institute. (4) Satisfactory evidence from the applicant of the lack of space on suitable existing towers, buildings, or other structures to locate the proposed antenna and the lack of space on existing tower sites to construct a tower for the proposed antenna within the service area shall be considered in the review of the conditional use permit application for a new tower. (b) Special requirements. (1) If the tower does not meet or exceed the structural requirements as set out ~n EIA222-D, "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures", published by the Electronic Industries Association, effecbve June 1, 1987, as the same may from time to time be amended or revised, then the minimum setback requirement from the base of the tower to any property line abutting a residential use or distr~ct shall be equal to one hundred and ten (110) percent of the height of the tower. A report certifying that these structural requirements will be met must be submitted with the Information Report W~reless Communications Page 12 of 23 (8) conditional use permit application. Where the tower meets the structural cmeria outlined above, the m~n~mum s~de and rear yard setback shall be fifty (50) feet in residential and agricultural districts and twenty-five (25) feet in all other d~stricts. Additionally, no tower may be located closer than two hundred (200) feet from an ex~sting remdent~al structure, regardless of the district in which the structure is located. (2) The minimum setback requirement from the base of the tower to any property I~ne abutting a right-of-way of any street, office use or district, or park use shall be at least fifty (50) feet unless a greater setback ~s spemfied due to other circumstances as a condition of approval. (3) For property I~nes not abutting the above uses or districts, the minimum setback requirement shall be at least twenty-five (25) feet unless a greater setback is specified due to other circumstances as a condition of approval. (4) More than one (1) tower on a s~te shall be permitted, prowd~ng that all setback, design, and landscape requirements are met. (5) Towers two hundred (200) feet or less ~n height shall have a galvanized finish or be painted silver. However, if any regulation of the Federal Aviation Administration or Federal Communications Commission contradicts this requirement, then that regulation shall govern. (6) Towers more than two hundred (200) feet in height shall be painted in accordance with regulations by Federal Communications Commission and/or the Federal Aviation Administration. (7) Towers shall be illuminated as required by the Federal Communications Commission and/or Federal Aviation Administration. However, no I~ght~ng shall be incorporated if not required by the Federal Communications Commission and/or the Federal Aviation Administration. Landscaping shall be required as follows: i. For towers two hundred (200) feet or less in height, at least one (1) row of evergreen shrubs capable of forming a continuous hedge at least five (5) feet in height shall be provided with ~ndiv~dual plantings spaced not more than five (5) feet apart and at least one (1) row of evergreen trees with a minimum caliper of one and three- fourths (13/4) ~nches at the time of planting and spaced not more than twenty-five (25) feet apart shall be provided within fifteen (15) feet of the perimeter of the setback area required by items (1), (2) or (3) above. ii. For towers more than two hundred (200) feet in height, in addmon to the requirements for landscaping ~n (8)(i) above, one (1) row of deciduous trees, with a m~nimum cai,per of two and one-half (21/2) ~nches at time of planting and spaced not more than forty (40) feet apart shall be provided w~thin twenty-five (25) feet of the perimeter of the setback area required by items (1), (2) or (3) above. ii~. In lieu of the above requirements, in special cases, ~nclud~ng cases where a required tree would be closer to the tower or to a guy wire suppomng the tower than the height of the tree at matumy, the applicant may prepare a detailed plan and specifications for landscape and Information Report W~reless Commumcat~ons Page 13 of 23 screening, ~ncluding plantings, fences, walls, topography, etc., to screen towers and accessory uses. The plan shall accomplish the same degree of screening achieved in (8)(0 or (8)(ii) but may dewate from the specific requirements set forth, and it shall be determined by the administrator of landscape services that the public interest will be equally served by such plan. ~v. All required landscaping shall be installed according to established planting procedures using good quality plant materials. v. Where landscaping ~s required, no certificate of occupancy shall be issued until the required landscaping is completed in accordance with the approved landscape plan as certified by an on- site inspection by the administrator of landscape service. When the occupancy of a structure is desired prior to the completion of the required landscaping, a certificate of occupancy may be ~ssued only ~f the owner or developer provides to the city a form of surety satisfactory to the city attorney in an amount equal to the remaining plant materials, related matenals, and installation costs (with the costs agreed to by the administrator). vi All required landscaping must be installed and approved by the first planting season following ~ssuance of certificate of occupancy or bond be forfeited to the city. vi~ The owners and their agents shall be responsible for prowd~ng, protecting, and maintaining all landscaping in healthy and growing conditions, replacing unhealthy or dead plant materials w~thin one (1) year or by the next planting season, whichever comes first. Replacement material shall conform to the original intent of the landscape plan. (9) All communication towers shall be subject to periodic reinspection by the department of permits and inspections. If any additions, changes, or modifications, are to be made to the structural characteristics of the tower, the chief building official shall have the authority to require proof, through the submission of eng~neenng and structural data, that the addition, change, or modification conforms to structural wind load and all other requirements of the Uniform Statewide Build,ng Code. (10) Where regulations and requirements of this ordin:~nce conflict w~th those of the Federal Communications Commission or the Federal Aviation Administration, the federal requirement shall govern (11) No commercial advertising material shall be allowed on the communication tower. Communication towers containing advertising material shall be considered a sign. (12) Individual district requirements for minimum lot area and lot w~dth notwithstanding, the following requirements for tower sites shall apply in all districts where they are permitted as a conditional use: M~n~mum lot area. There shall be no minimum lot area, except as necessary to meet the required setbacks of this ordinance. Informabon Report W~reless Commun~cabons Page 14 of 23 ~i. Mimmum lot width. The minimum lot width shall be fifty (50) feet measured at the tower location. When a fac~hty covered by this section is not located adjacent to a public street, a right-of-way or easement for ingress with a minimum width of fifteen (15) feet shall be provided. ~ii. Setbacks. Minimum setbacks for any buildings constructed in conjunction with a tower shall meet setback requirements as established for the underlying zoning. ~v. Each lot for which these reduced requirements apply shall be restricted to the uses described ~n th~s section, and this restriction shall be noted on any plat or other document describing such lot. S~nce the adoption of Secbon 232, numerous tower s~tes have been approved and developed (see attached map and table). Antennas have been located on those towers through both administrative and the Conditional Use Permit process. The admm~strabve placement of antennas on towers occurs as a result of a w~reless provider desiring to locate on a tower that has already been approved through the Conditional Use Permit process and that was constructed for the placement of multiple wireless providers on the same tower. The Planning Department's approach in dealing with the wireless industry has always been proactive, consistent w~th the intent of Section 232. Many ~n the public and private sector view the C~ty of Virginia Beach's ordinance provisions for commumcabons towers as being a model for other communities in the Commonwealth. The Planmng Department's goal with this ~ssue has always been to help facd,tate the development of the best possible telecommumcation system for our residents and businesses, w~thout compromising community aesthebcs and character. After ten years of working together, the industry generally knows that the Planning Department, w~th the support of the Planning Commission and City Council, wants to help with estabhsh~ng a superior telecommun~cabons system, but not at the cost of compromising community character. To the department, being proactive has meant trying to keep up w~th the industry and technology through readings, conferences and d~scussion w~th industry experts. Being proactive has also meant visiting s~tes in adva,~ce of pre- submittal meetings and always considering the existing built environment (what tall buildings ex~st in the area, what existing towers in the area have avadable space or can be rebuilt, are there any major power transmission lines in the area, cons~denng the ex~sting wooded areas). Being proactive has meant insisting on pre-submittal meetings and evaluating each application on its own merits and on the merits on how it will fit into the existing tower grid established to date. Additionally, the department's evaluation of a request has considered all of the w~reless service providers ~n the market, ensuring that in building the one tower, the needs of more than one provider can also be served. In the last ten years, even ~f it took several months of deferring and working towards a solution, not a s~ngle application was scheduled for the Planning Commission unbl Staff could support the appl~cabon, behewng that it met the intent of Section 232. One of the most important components of Section 232 is Section 232(a)(4). This provision encourages collocabon, which ~s the locating and constructing of a tower so that ~t may serve more than one service provider. It has always been the posit~on of the Planning Department that collocation cannot be an option; it must be done. Usually, the only s~tuation where collocabon might not be practical is where the tower height is so Iow (60 feet in height or lower) that it is not feasible. If the City had not been so resistent regarding this issue over the last ten years, there would be two or three times the number of towers in the city. At this point in the development of the industry, the w~reless providers desire collocation Information Report W~reless Commumcabons Page 15 of 23 because ~t reduces their cost. Collocation on an ex~sting tower that has already been granted a Conditional Use Permit also means that the wireless provider does not have to go through the Cond~honal Use Permit process as collocation was already considered with the original Conditional Use Permit. Whether or not w~reless providers continue to view collocation as a desirable situation depends on how the trend of tower construction by tower compames instead of by the wireless providers themselves evolves in the future. In the review of a tower Conditional Use Permit request, the Planning Department also surveys the surrounding budt environment to determine if there ~s an existing budding or structure of some type that can be used to mount antennas on. The CZO allows mounting antennas on existing buildings by right, so th~s is the preferred opbon pnor to budding anything new. Also, Dominion Virginia Power's high-voltage power transmission lines have been utilized on a number of occaslor~s. School sites, water tanks and other pubhc facilitIes have always been considered for antenna placement. Not only is this a revenue source for the City and School Board, but also, due to the s~ze City properties and what is developed on them, they are also often the best site to use. The City has been successful in hawng w~reless prowders lease space on some of these facilities. A structural letter from a certified engineer licensed in Virginia is required under Section 232(b)(9). Th~s relates to the structural integrity for towers. The assessment considers the type and number of antennas, wind and ~ce loading, and other factors. The towers must meet or exceed currently adopted budding code standards. The assessment must also be "cumulative" in that they must anticipate future co-locators. Staff also scrutinizes the height of every tower that ~s proposed. Generally, Staff has always tried to I~mit the height as much as possible, while maintaining adequate space for collocahon. The average wireless carrier needs about 15 feet of separation between antenna arrays. In almost all instances, the overall height of a tower needs to be above the tree I~ne. The tree line in Virginia Beach seldom exceeds 100 feet and ~s usually around 60 to 75 feet. As a rule, towers ~n the northern porbon of the city will now be 70 to 95 feet maximum as the types of facilities needed are capacity and fill-in s~tes. Many towers will likely be 70 foot tall stealth towers, such as the one at McOomas Way currently pending before C~ty Council. To ensure that the height of a proposed tower ~s appropnate for the area, Staff usually requests photographic simulations and balloon tests. In a balloon test, Staff meets with the applicant at the site and a large balloon is floated ~nto the a~r and stopped at the appropriate height. Photographs are then taken of the balloon and the surrounding s~te and, usually, the photograph is then computer-modified to insert the proposed tower in place of the balloon to get a sense of what the tower wdl look like in its surrounding environment. Providers always want to have more height ~n rural areas due to the limited number of customers that they must cover. They are required to serve these people as a part of their licence agreement with the F.C.C. Staff tnes to avoid towers that exceed 199 feet. At that height, there are Federal Aviadon Administration requirements for lighting, painting, strobe lights and ot,~er items, which can have a devastating affect on the area surrounding the towe~ ali,el the overall rural vista. Landscaping provisions in Section 232 are basic and sometimes do not accomplish the intended goal of screening the buildings and equipment at the base of the tower. If necessary, Staff recommends cond~bons to be added to the Conditional Use Permit that consist of enhanced landscaping. The preservation of ex~sting vegetabon is always considered and, ~f possible, areas of preserved vegetation are placed in a protecbon area through the Cond~honal Use Permit. The buildings at the base of the tower are also usually conditioned to ensure that Informabon Report W~reless Commumcabons Page 16 of 23 they are of a high quahty and compabble w~th the architecture of the surrounding area. CONCLUSIONS AND RECOMMENDATIONS Conclusions Generally, Virginia Beach ~s a 'mature' w~reless communication area. The most immediate need for the near future, particularly in the northern area of the city, w~ll be for Fill-In and Capacity sites as the use of wireless communication technologies by the public grows. The majonty of the tower infrastructure is in- place to accommodate these Fdl-ln and Capacity sites, but Iow-height stealth towers will be necessary in some locations. As technology ~mproves, antennas can be placed on standard light poles in parking lots or along C,ty roadways. Add~bonally, completion of the cell network in the southern area of the city through the construction of new towers will also be an immediate need. One tower is currently proposed and pending before C~ty Council (Conditional Use Permit apphcat~on of SBA for Pungo Ferry Road) There may be a need for an addibonal tower between this one and the Pungo Crossroads area in order to completely fill-in the network. It must be noted that the location of towers in the southern part of the city is based on the current development policies for that area of Virginia Beach. If those development policies ever change and the amount, type, and density of development shifts to become more ~ntensive, the number of towers wdl have to increase accordingly due to customer demand. Recommendabons The following recommendations are ~ncluded as actions to be considered that w~ll enhance the City's relationship with the wireless communication industry and ensure that the goals and objectives of the City are met: , Request that the wireless providers operating in the City of Virginia Beach prowde an Annual Report and Plan, describing their existing system and their plan for the upcoming year in respect to addibonal antenna installabons. . Request that the tower construcbon companies operating ~n the C~ty of Virginia Beach prowde an Annual Report and Plan, descnbing their existing ownership of towers ~n the city and their plan for the upcoming year in respect to additional tower installations. Require such a plan before reviewing a Conditional Use Permit for a tower or require the plan as a condition of the Conditional Use Permit, Such a plan need not be site specific but it should note that general area within which a new tower or towers are anticipated. . Require as a condition on a Conditional Use Permit or request as part of a proffered rezon~ng the installabon of "building amplifiers" in large commercial, office, hotel, or residential buildings. Informabon Report W~reless Communications Page 17 of 23 REFERENCES American Planning Association, Planning Advisory Service. Cellular Telecommunications & Internet Association, 1250 Connecticut Avenue, NW Suite 800, Washington, DC 20036. (Phone (202) 785- 0081, Online http://www wow-com.comhndex.cfm ). C~nnamon, J. (June, 2001). "Wireless Communications Network Build-out Status Industry Overwew V~rg~nia Beach, V~rgin~a," prepared for the City of Virginia Beach. San Diego Council of Governments. (1995, December). Wireless Communication Facilities Issues Paper. (Located on the Internet at: http://www.sandag.ca us/ftp/html/publicabons/w~reless.html ) Thompson, T. J. (1997). "Meeting The Challenges of Zoning in the Information Age: Planning For W~reless Communications Facilities," Undergraduate Thesis, Ball State University Department of Urban Planning. Wireless Telecommunications Bureau, Federal Communications Commission, 2025 M Street, N.W., Washington, D.C., 20554 (Online http://www.fcc.qov/wtb/siting/). Information Report W~reless Commun~cabons Page 18 of 23 Towers in Lynnhaven and northern Oceanfront (numbers are keyed to the table that follows the maps) Informabon Report W~reless Communications Page 19 of 23 Towers in Bayside, northern Kempsville, and portions of Rose Hall (numbers are keyed to the table that follows the maps) Informabon Report W~reless Communications Page 20 of 23 Towers in southern Kempsville, Centerville, Rose Hall, and western Princess Anne (numbers are keyed to the table that follows the maps) Informahon Report W~reless Communications Page 21 of 23 Towers in southern Oceanfront and northern Princess Anne (numbers are keyed to the table that follows the maps) Information Report W~reless Commumcat~ons Page 22 of 23 Towers in central Princess Anne (numbers are keyed to the table that follows the maps) Information Report W~reless Commumcabons Page 23 of 23 Towers in southern Princess Anne (numbers are keyed to the table that follows the maps) COMMUNICATIONS TOWERS DATE MAP # / APPLICANT NAME LOCATION DISTRICT HEIGHT USE 2/13/2001 71 / SBA/C.E. FOREHAND 3161 Land of Promise Road PRINCESS ANNE - DISTRICT 7 Not to exceed 199' Communications Tower/multiple 12/5/2000 70 / SBA/C.E. FOREHAND 3850 feet east Public Landing PRINCESS ANNE - DISTRICT 7 Not to exceed 230' Communications Road Tower/multiple 8/8/2000 57 / RICHMOND 10 MHz, LLC Northwest comer of Dam Neck BEACH - DISTRICT 6 Not to exceed 135' Communications/multiple d/b/a PRIMECO PERSONAL Road and Harpers Road COMMUNICATIONS 6/13/2000 69 / VIRGINIA METRONET, INC. East of Indian River Road, 100' CENTERVILLE - DISTRICT 1 Not to exceed 150' Communications tower d/b/a ALLTEL south of Edystone Drive COMMUNICATIONS 4/11/2000 68 / SPRINT PCS 1300 Diamond Springs Road BAYSIDE - DISTRICT 4 Not to exceed 106' Communications facility(flag pole)/at least one additional provider 4/11/2000 67 / CROWN COMMUNIATION 4901 Pnncess Anne Road KEMPSVILLE - DISTRICT 2 Not to exceed 162' Extension of an existing 250- foot Monopole tower 3/14/2000 66 / CROWN COMMUNICATION 3308 Heffington Drive PRINCESS ANNE - DISTRICT 7 Not to exceed 150' 150-foot Monopole Tower 2/1/2000 65 / CITY OF VIRGINIA BEACH 233 North Witchduck Road KEMPSVILLE - DISTRICT 2 Not to exceed 125' Communication Tower PUBLIC SCHOOLS 6/8/1999 64 / VIRGINIA BEACH SCHOOL 1272 Mill Dam Road LYNNHAVEN - DISTRICT 5 Not to exceed 125 feet Communication Tower BOARD (First Colonial High School) 2/23/1999 57 / TRITON, PCS 3289 Dam Neck Road PRINCESS ANNE - DISTRICT 7 Not to exceed 120' Communication Antennas on an existing monopole 10/13/1998 45 / SPRINT PCS 2925 North Landing Road PRINCESS ANNE - DISTRICT 7 Not to exceed 135' Wireless Communication (VO-TECH) facility/at least two wireless providers IDATE IMAP # / APPLICANT NAME LOCATION ]DISTRICT [HEIGHT [USE 1.0/13/1998 63 / SPRINT PCS 2425 Shorehaven Drive LYNNHAVEN - DISTRICT 5 Not to exceed 125' Wireless Communication (Cox High School) facdlty/at least two wireless providers 10/13/1998 62 / SPRINT PCS/ 2248 Bartholomews Crossing PRINCESS ANNE - DISTRICT 7 Overall height of powerhne Communications Antennas to C.E.FOREHAND, 111 tower with the proposed an existing power llne monopole and lighting rod will be 116' 10/13/1998 61 / SPRINT PCS East side of Kempsvllle KEMPSVILLE - DISTRICT 2 Antennas for Kempsvdle Wireless Communication Road/170 feet mor or less south Water Tower facihty/rmmmum of three of Providence Road wireless providers 9/9/1998 2 / SPRINT PCS/C.E. FOREHAND, 1424 Baker Road BAYSIDE - DISTRICT 4 Proposed increase in height Communication antenna 1II (Lake Wright) of existing tower will not constitute an obstruction to mr navigation. 6/9/1998 55 / PAXSON 230 Clearfield Avenue BAYSIDE BOROUGH 170' Tower Communications COMMUNICATIONS Tower/Primary and Secondary CORPORATION tower users 6/9/1998 4 / SPRINT PCS 1707 Lawson Road BAYSIDE BOROUGH 140' Monopole/Des~gned Communication Tower and constructed in similar fashion as te existing monopole structure 6/9/1998 58 / SPRINT PCS West side of Sandbridge PRINCESS ANNE BOROUGH Not to exceed 180' in height. Monopole Communications Road/northeast of Colchester Tower Road 6/9/1998 61 / SPRINT PCS 3040 Holland Road PRINCESS ANNE BOROUGH Project developed in Telecommunications (Starling Farm) keeping with the site plan Antennas dated March 23, 1998/revised March 30, 1998. 3/24/1998 43 / SPRINT PCS Intersection of Dam Neck Station PRINCESS ANNE BOROUGH 150' tower/Slmdar fashion Wireless Communication Cell Road/General Booth Boulevard to the existing monopole Tower/joint use for primary structure and secondary tower users must be accommodated 3/10/1998 60 / VIRGINIA METRONET, INC. 4960 Haygood Road BAYSIDE BOROUGH Proposed Tower/light pole Monopole Tower for Wireless dba 360 COMMUNICATIONS CO. shall not exceed 135' Commumcatlons/multI use 2/24/1998 39 / SPRINT PCS 4422 Pnncess Anne Road KEMPSVILLE BOROUGH 150' tall monopole Wireless Communication Cell Tower/future joint use must be accommodated 2/24/1998 41 / NEXTEL Southeastern intersection of PRINCESS ANNE BOROUGH Tower must be constructed Co-locate wireless COMMUNICATIONS, INC. South Rosemont Road/Dam In conformance with the communication antenna Neck Road plans submitted (1/14/98) 2/10/1998 26 / SPRINT PCS 553 Central Drive LYNNHAVEN BOROUGH 125' tower/Conform to Wireless Communication Cell standard llghtlng tower requirement outline in FAA guidelines for towers of 125 feet ~n height or lower 2/10/1998 52 / NEXTEL 409 First Colonial Road LYNNHAVEN BOROUGH 120' Monopole with a Wireless Communication COMMUNICATIONS, INC. provision that allows for Monopole/future joint use mounting of antennas and must be accommodated extending overall height to 135 feet. 1/13/1998 51 / NEXTEL 2765 Indian River Road PRINCESS ANNE BOROUGH 150' Tower 150-foot plus 15-foot fishpole COMMUNICATIONS, INC. antenna monopole/accommodate minimum of three years. 11/25/1997 16 / NEXTEL 168 Business Park Drive BAYSIDE BOROUGH Expansion of existing W~reless Communication COMMUNICATIONS, INC. Virginia power pole Monopole structure, not to exceed an overall height of 115' 10/14/1997 11 / LYNNHAVEN UNITED 1033 Little Neck Road LYNNHAVEN BOROUGH 135' in height Two Monopole METHODIST CHURCH Communication Towers/at least four (4) wireless providers 9/23/1997 59 / WIRELESS PCS, INC., 952 Newtown Road BAYSIDE BOROUGH Shall not exceed 135' in Monopole Tower/must be AGENT FOR AT & T height designed to accommodate at least one additional user 9/9/1997 58 / PRIMECO PERSONAL West side of Sandbndge PRINCESS ANNE BOROUGH 150' tower Monopole Communication COMMUNICATIONS Road/northeast of Colechester Tower/minimum of three Road users 2/11/1997 57 / WIRELESS PCS, INC. AGENT Northwest Intersection of Dam PRINCESS ANNE BOROUGH 150' tower Wireless Communication FOR AT & T Neck Road/Harpers Road Facility/multi use 2/11/1997 56 / WIRELESS PCS, INC. AGENT 1195 Bells Road PRINCESS ANNE BOROUGH 150' tower Wireless Communication FOR AT & T Facility/multi use 1/14/1997 55 / MAX MEDIA PROPERTIES 230 Clearfleld Avenue BAYSIDE BOROUGH Not exceed 100' in height Communications Tower/radio and antennas extending stations above the tower shall be lirmted to an overall height of 125' 1/1411997 6 / WIRELESS PCS, INC. AGENT 5332 Shore Drive BAYSIDE BOROUGH Tower shall be limited to Wireless Communication FOR AT & T 125' in height Facihty/multl use Monopole Tower ,~, 12/3/1996 42 / PRIMECO PERSONAL Southern extremity of Chicory PRINCESS ANNE BOROUGH 135' tower 1 O-foot addition to an existing COMMUNICATIONS Street 125-foot Communications Tower 9/24/1996 54 / CITY OF VIRGINIA BEACH West side of Bendix Road/south KEMPSVILLE BOROUGH 125' tower 125-foot Monopole Antenna (DEFERRED INDEFINITELY) of Bonney Road Tower I DATE MAP # / APPLICANT NAME ILOCATION IDISTRICT IHEIGHT 6/11/1996 4 / VIRGINIA METRONET, INC. 1707 Lawson Drive BAYSIDE BOROUGH 150' tower 150-foot Monopole dba 3600 Tower/multi-use 3/12/1996 39 / PCS PRIMECO, L.P. 4422 Pnncess Anne Road KEMPSVILLE BOROUGH Tower not to exceed 150' ~n 150-foot Commumcat~ons height Tower/co-location tower for PSC PnmeCo and Sprint 2/27/1996 9 / PCS PRIMECO, L.P. 500 Newtown Road BAYSIDE BOROUGH Tower not to exceed 150' ~n Rooftop Communications hmght Tower Cell/S~te/future joint use for primary and secondary tower users must be accommodated 2/13/1996 43 / PCS PRIMECO, L.P 1525 General Booth Boulevard PRINCESS ANNE BOROUGH 150' tower 150-foot Communications Tower/future joint use for primary and secondary tower users must be accommodated 1/23/1996 18 / PCS PRIMECO, L.P. 281 Independence Boulevard BAYSIDE BOROUGH Constructed as depicted on Rooftop Commumcat~ons (Top of Pembroke 1 Office s~te plans tower/cell site Building) 1/23/1996 7 / PCS PRIMECO, L.P. 3300 Ocean Shore Avenue LYNNHAVEN BOROUGH Constmcted as depicted on Rooftop Communications (Top of Harbor Gate s~te plans tower/cell site Condominium) 1/23/1996 13 / PCS PRIMECO, L.P. Southeast comer of Atlantic LYNNHAVEN BOROUGH Constructed as depicted on Rooftop Commumcatlons Avenue and 57th Street site plans tower/cell site (Top of ex~stlng Ramada Inn Oceanslde Top of Harbor Gate Condominium) 1/23/1996 20 / PCS PRIMECO, L.P. East side of Butternut Lane/South LYNNHAVEN BOROUGH Tower not to exceed 180' ~n 180-foot Mono Pole Style of Bonney Road height Commumcatlons Tower/Joint Use use 1/23/1996 15 / CONTEL CELLULAR North side of Southern BAYSIDE BOROUGH Tower not to exceed 80' in 80-foot Mono Pole Boulevard/700 feet east of height Communications Freight Lane Tower/facdltate joint use of tower, If other needs identified 1/23/1996 20 / CONTEL CELLULAR 529 Central Drive LYNNHAVEN BOROUGH Tower not to exceed 125' in 125-foot Communication height Tower/facdltate joint use of tower, if other needs identified 12/12/95 26 / PCS PRIMECO, L.P. 553 Central Drive LYNNHAVEN BOROUGH 120' tower 120-foot Communications Tower/applicant shall work with other potential tower users to accommodate multi use of the proposed tower 9/26/95 10 / VIRGINIA CELLULAR 1036 Ferry Plantation Road BAYSIDE BOROUGH Tower not to exceed 100' in Mono Pole Communications LIMITED PARTNERSHIP, height Tower/Tower/facilitate joint CONTEL CELLULAR (General use of tower, if other needs Partner) identified 7/11/1995 53 / R. WAYNE AND RUTH ANN West side of Rusbuldt Lane, KEMPSVILLE BOROUGH Applicant must comply with Modifications of Conditions/ RUSBULDT southwest of Salem Road provisions of the CZO re Communication Tower structural integrity of the (approved 12/13/82 and tower. 8/20/84) 7/1 !/1995 38 / VIRGINIA CELLULAR 752 Lord Dunmore Drive KEMPSVILLE BOROUGH 125' Communications 125-foot Communications LIMITED PARTNERSHIP Tower Tower/Mono Pole/minimum of one additional cellular communication provider _ 5/9/95 23 / SPRINT CELLULAR South side of Norfolk & LYNNHAVEN BOROUGH Developed in accordance Communications Tower and Southern Railway, east of Plaza with submitted site Service Braiding/work with Trail plan/February 20, 1994 other tower users to accommodate addmonal joint use 4/11/1995 28 / CONTEL CELLULAR 490 First Colonial Road LYNNHAVEN BOROUGH According to site plan/dated Communications Tower January 1995 3/14/1995 50 / CONTEL CELLULAR 5655 Greenwich Road BAYSIDE BOROUGH Tower/Antennas developed Communication Tower ~n accordance with submitted s~te plan/December 1994 3/14/1995 34 / CONTEL CELLULAR 424 Atlantic Avenue VIRGINIA BEACH BOROUGH Tower/Antennas developed Communication Tower in accordance with submitted site plan/December 1994 11/22/1994 43 / VIRGINIA CELLULAR West of General Booth PRINCESS ANNE BOROUGH 150' Tower 150-foot Cormnunicat~ons LIMITED B oulevard/925 feet north of Dam Tower PARTNERSHIP/CONTEL Neck Road CELLULAR, INC. 11/8/1994 13 / VIRGINIA CELLULAR LTD Southeast intersection of Atlantic LYNNHAVEN BOROUGH Developed ~n conformance Communication Tower PARTNERSHIP Avenue and 57th Street w~th rendering 10/11/1994 TEA CELLULAR NETWORK 2385 London Bridge Road PRINCESS ANNE BOROUGH 150-foot tower 150-foot Commumcat~ons (ALLOWED WITHDRAWAL) Tower 8/23/1994 5 / VIRGINIA CELLULAR 3556 Shore Drive BAYSIDE BOROUGH 20 feet in height above the Commumcations Tower/work LIMITED PARTNERSHIP, existing roof line with interested private users CONTEL CELLULAR, INC. 1TS to establish multiple use of GENERAL PARTNER the tower 8/23/1994 50 / COX CABLE HAMPTON 5200 Cleveland Street BAYSIDE BOROUGH Communication Tower ROADS 2/8/1994 9 / JOHN G. WILLIAMS, JR. 988 Newtown Road BAYSIDE BOROUGH Registered engineer must Communications Tower/work certify specific tower with Interested private users specifications and the to establish multiple use of appropriateness of the site's the tower ability to accommodate the proposed tower 5/11/1993 40 / CITY OF VIRGINIA BEACH 1924 Transfer Road PRINCESS ANNE BOROUGH Registered engineer must Communication Tower outline tower specifications 12/08/1992 1 / VIRGINIA METRONET, INC 5820 Ward Court BAYSIDE BOROUGH Communications Tower Communications Tower/related ancllliary uses 5/26/1992 3 / VIRGINIA CELLULAR LTD, East side of Baker Road, north of BAYSIDE BOROUGH 125' tower 125-foot Monopole PARTNERSHIP, CONTEL Northampton Boulevard Communication Tower CELLULAR, INC, GENERAL PARTNER 5/26/1992 25 / VIRGINIA METRONET, INC. 529 Central Drive PRINCESS ANNE BOROUGH 115' tower 115-foot Monopole Tower ,, 12/11/1990 52 / AMERICAN EAGLE 1265 West Neck Road PUNGO BOROUGH Communications Tower Communications Tower COMMUNICATIONS OF VIRGINIA, INC. 11/13/1990 22 / CONTEL CELLULAR Southwester intersection of South LYNNHAVEN BOROUGH Communication Tower Communication Tower and Plaza Trail and Southern Railway Service Building _ 8/21/1990 41 / CITY OF VIRGINIA BEACH, 1925 North Landstown Road PRINCESS ANNE BOROUGH Communication Tower Communication Tower/multi- DEPARTMENT OF PUBLIC use encouraged UTILITIES 8/14/1990 46 / CONTEL CELLULAR, INC. South side of Indian River Road, PUNGO BOROUGH Communication Tower Communication Tower and 1500 feet west of Princess Anne equipment building Road __ 8/28/1989 37 / A R.C., INC 1400 feet more or less northwest KEMPSVILLE BOROUGH Commumcatlons Tower Communications Tower and of the ~ntersectlon of Kempsvdle eqmpment bmld~ng Road and Centerwlle Turnpike 7/03/1989 45 / VIRGINIA BEACH SCHOOL 2925 North Landing Road PRINCESS ANNE BOROUGH Commumcatlon Tower Communication Tower BOARD 4/24/1989 23 / VIRGINIA BEACH 3177 V~rgima Beach Boulevard LYNNHAVEN BOROUGH Tower shall not exceed 114 Radio Broadcasting Station EDUCATIONAL feet. and Commumcat~ons Tower BROADCASTING antenna FOUNDATION, INC. 4/24/1989 48 / CENTEL CELLULAR North s~de of Indxan R~ver Road, PRINCESS ANNE BOROUGH 150-foot setback/Approval Radio Tower with related COMPANY 1450 feet west of Pnncess Anne from FCC is reqmred support facihtles Road 12/19/1988 49 / COX CABLE HAMPTON North side of North Muddy PUNGO BOROUGH Line-of-S~te Relay Tower Line-of-Site Relay Tower ROADS, INC. Creek road, 2670 feet east of Pnncess Anne Road 8/08/1988 S & H COMPANY 397 Little Neck Road LYNNHAVEN BOROUGH Commumcat~ons Tower Communications Tower 8/08/1988 17 / CONTEL CELLULAR, INC. Northwest comer of Euchd KEMPSVILLE BOROUGH Commumcatlons Tower Communications Tower and Road/Opal Avenue on Lots 23- eqmpment bmld~ng 33, Block 55, Euclid Place. 4/13/1987 16 / ARMADA/HOFFLER 5555 Greenwich Road BAYSIDE BOROUGH 25' radio antenna tower 25-foot Radio Antenna DEVELOPMENT COMPANY Tower/appropriate approval byFAA 9/29/1986 50 / COX CABLE VIRGINIA 5200 Cleveland Street BAYSIDE BOROUGH L~ne-of-S~ght Microwave Line-of-S~ght Microwave BEACH Tower/Old 100' tower shall Tower be removed HEIGHT ]USE 9/29/1986 12 / CONTEL CELLULAR OF 1556 Mall Dam Road LYNNHAVEN BOROUGH 200' self-support~ng 200-foot Self-Support~ng NORFOLK, INC tower/original tower shall be tower removed ., 4/14/1986 51 / ROCK CHRISTIAN 2865 Indian River Road PRINCESS ANNE BOROUGH TV Transmitter TV Transmitter Tower and NETWORK Tower/approval by the FAA Satellite up-hnk of the antenna's hmght 4/14/1986 52 / SOUTHERN STAR 242 Mustang Trail LYNNHAVEN BOROUGH Radio Transmitter Link Radio Transmitter L~nk BROADCASTING (WTD Radio) Antenna tower/approval by Antenna Tower FAA of construction, support, height and location with regards to NAS Oceana 1/21/1985 12 / CONTEL CELLULAR OF 1556 Mall Dam Road LYNNHAVEN BOROUGH 100' Monopole 100-foot Monopole to support NORFOLK telecommunications antennae 12/17/1984 GSC DIAMOND BUILDING 168 Bus~ness Park Drive BAYS[DE BOROUGH Tower to support radio Tower to support studio ASSOCIATES (WZAM/WMYK Radio Stations) studio transmitter link transmitter link antenna antenna (WZAM/WMYK Radio Stations) 8/20/1984 R. WAYNE RUSBULDT AND West side of Rusbuldt Lane, KEMPSVILLE BOROUGH 280' Commumcations 280-foot Commumcations RUTH ANNE RUSBULDT 1050 feet southwest of Salem Tower Tower Road .... 6/11/1984 VIRGINIA BEACH ASSOCIATES, 232 Business Park Drive BAYS[DE BOROUGH 170' Tower 170-foot Communications A VIRGINIA LIMITED Tower PARTNERSHIP 12/13/1982 R. WAYNE RUSBULDT AND West s~de of Rusbuldt Lane, KEMPSVILLE BOROUGH Height shall be capped at 280' Communications Tower RUTH ANNE RUSBULDT 1050 feet southwest of Salem 280' Road 7/13/1981 CENTER FOR EXCELLENCE, North side of Providence Road, KEMPSVILLE BOROUGH Telecommunications Telecommunications Tower INC. 200 feet west of Reon/north side Tower/approval of the and equipment building of Providence Road structure by FAA 5/18/1981 ANTENNA RENTAL, A North side of Kempsville Road, KEMPSVILLE BOROUGH Communications Communications Tower and VIRGINIA GENERAL 300 west of Centerville Turnpike Tower/approval of the Accessory Facditles PARTNERSHIP structure by FAA 10/13/1980 COX CABLE OF TIDEWATER South side of Virginia Beach LYNNHAVEN BOROUGH Cable Televls~on Cable Television Boulevard/west of Phdhp Communication Communication Tower Avenue Tower/approval of the structure by FAA 11/19/1979 COX CABLE OF TIDEWATER Westslde of Philip Avenue, 120 LYNNHAVEN BOROUGH Cable Televison Cable Television Tower feet south of Laskin Road Tower/approval of the structure by FAA 11/18/1974 ANTENNA RENTALS, INC. 625 feet southwest of KEMPSVILLE BOROUGH Communication Towers Communication Tower Centerville Turnpike/1449.8 west Facilities and Accessory of Kempsville Road (Woods buildings Comer Area) 3/20/1972 FETT ROOFING AND SHEET Parcel A, Arrowhead Industrial KEMPSVILLE BOROUGH 115' radio and 115-foot Radio and METAL CO., INC. Park communication antenna and Communication Antenna and tower Tower