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Home My WebLink AboutAUGUST 12, 2003 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large [7CE MA YOR LOUIS R JONES Baystde -Dtstrtct 4 HARRY E DI£ZEL Kempsvtlle -Dtstrtct 2 MARGARET L EURE, Centervdle -Dtstrtct t REBA S McCL4NAN, Ro~e Hall - D~strtct 3 RICHARD A 4dADDOX Beach - Dt,trtct 6 dim REEVE, ?rmcess Anne - Dt, trtct 7 PETER W SCHM1DT At-Large RON A VILiMNUEVA At-Large RObEMARY WILSON At-Large I/LSIES L WOOD Lynnhaven -Dt~trtct 5 CITY MANAGER - JAMES K SPORE CITY ATTORNEY - LESLIE L LILLEY UtTY CLERK - RUTH HODGES SMITH, MMC CITY COUNCIL AGENDA 12 August 2003 CITY HALL BUILDING 2401 COURTHOUSE DRIVE I'TRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E- MAIL Ctycncl~vbgov corn I. CITY MANAGER'S BRIEFINGS 1:00 P.M. A B C CONVENTION CENTER STATUS Dean Block, Director, Department of Public Works TAX CREDIT PROGRAM Steven Thompson, Chief Financial Officer COMPREHENSIVE PLAN Robert J. Scott, Director, Department of Planning II REVIEW OF AGENDA ITEMS III CITY COUNCIL COMMENTS IV. INFORMAL SESSION A CALL TO ORDER- Mayor Meyera E Obemdorf B ROLL CALL OF CITY COUNCIL 3:30 P.M. C RECESS TO CLOSED SESSION V FORMAL SESSION 6:00 P.M. A. ' CALL TO ORDER- Mayor Meyera E. Obemdorf B INVOCATION: Reverend Kevin Milcarek, Pastor Back Bay Christian Assembly of God C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E CERTIFICATION OF CLOSED SESSION F MINUTES 1 INFORMAL AND FORMAL SESSIONS August 5, 2003 G AGENDA FOR FORMAL SESSION H PRESENTATION REVENUE SHARING IN LIEU OF TAXES - Back Bay Wildlife Refuge Mackay Island Edward Schrock, United States Congress Jared Brandwein, Refuge Manager, Back Bay National Wildlife Refuge MAYOR'S PRESENTATION 1. RESOLUTIONS In Recognition' Eleventh Special Olympics World Summer Games , ACHIEVEMENT for EXCELLENCE in FINANCIAL REPORTING Government Finance Officers Association Patricia A Phillips, Director- Finance CONSENT AGENDA K. PUBLIC HEARING 1. FARMER'S MARKET LEASES no Bergey's Dairy Farm, Inc Chapman's Flowers and Gifts Country Butcher, Inc. Creekmore's Place Hare Farms Holland Produce Reflections of the Heart Secret Garden Virginia Garden ORDINANCES/RESOLUTIONS Ordinances to AUTHORIZE the City Manager to enter into LEASES at the Farmer's Market: a g. h i. Leonard Bergey t/a Bergey's Dairy Farm, Inc. for space # 14 Judy Chapman t/a Chapman's Flowers and Gifts for spaces #3 and 4 Beverly Hardison t/a Country Butcher, Inc. for space # 12 Elsie Creekmore t/a Creekmore's Place for spaces/47 and 8 David Hare t/a Hare Farms for space # 13 Mark Holland tYa Holland Produce for spaces//5 and 6 Laurie Moser t/a Reflections of the Heart for space//10 Laurie Moser t/a Secret Garden for space # 11 M~chele Shean t/a Virginia Garden for spaces #23, 24 and 27 2 Ordinance to ABOLISH the Youth Services Coordinating Committee Ordinances to AUTHORIZE acqutsttton of property in fee simple for rights-of-way and easements by agreement or condemnation' Water, sanitary sewer, and drainage re repairs to the Stumpy Lake raw water transmission main b. New sanitary sewer pump station s~te to replace the existing Pembroke Manor South Pump Station//354 in the Central Business D~stnct . Ordinance to AUTHORIZE the City Manager to acquire from the GALIOTOS FAMILY, for public purposes, property within Block 6, TOWN CENTER; and, APPROPRIATE w~th a TRANSFER of $2,250,000 for the Town Center infrastructure. Ordinance to AUTHORIZE the City Manager to execute an Agreement with Southeastern Public Service Authority (SPSA) for the operation of a ~'White Goods" recychng facdity and a Lease Option for a "Yard Waste" facility at Landfill II. , Ordinance to AUTHORIZE the City Manager to execute of a Working Agreement re Hampton Roads Comprehensive Regional Information Management and Exchange System (CRIMES) with Chesapeake, Hampton, James City County, Newport News, Norfolk, Poquoson, Portsmouth, Smithfield, Suffolk, York County and Williamsburg. . Ordinance to AUTHORIZE a temporary encroachment ~nto portions of the C~ty's right-of- way by DAVID H. and JEAN H. KLEIN for maintenance of an existing bulkhead and replacement of deteriorated bulkhead with rip-rap and sand m Kempes Lake at 204 Oakengate Turn (DISTRICT 2 - KEMPSVILLE) . Ordinance to establish a Capital Improvement Project (CIP) re Back Bay Waterway Access improvements; ACCEPT and APPROPRIATE a $150,000 federal grant; and AUTHORIZE the City Manager to execute a Cooperative Agreement for an access facd~ty M Ordinances authorizing compensation increases effective on anniversary dates for City Council appointees: a. City Manager b. City Attomey c. City Assessor d City Clerk 10 Ordinance to ACCEPT and APPROPRIATE a $95,806 Federal grant and $245,342 from other sources in the Department of Community Services for Mental Health, Mental Retardation, and Substance Abuse (MH/MR/SA) special revenue to fund enhanced services to their clients. 11 Resolution re issuance of Multi-Family Housing Bonds in an amount not to exceed $5,500,000 and Refunding Bonds, Series 2003, in the amount of $7,500,000 for CP Atlantic, L.P. (Atlantis Apartments Project) 999 Atlantis Drive. 12. Resolution assigning administrative responsibility for Freedom of Information Act (FO IA) requests to the City Attorney's Office PLANNING Ordinance to AMEND Sections 111. 225.1,601,901 and 1521 ofthe City Zoning Ordinance (CZO) to allow Bed and Break[ast Inns as a Conditional Use in certain Apartment, Business and Resort Tourist Districts; and, FURTHER AMEND the specific conditions for Bed and Breakfast Inns. Recommendation: APPROVAL . Application of GREGORY NELSON for a Conditional Use Permit re a bed and breakfast at 2420 Arctic Avenue (DISTRICT 6- BEACH) Recommendation: APPROVAL o Application of OCEAN BEACH CLUB, LLC for a Change of Zomng from RT-1 Resort Tourist District to Conditional R-T-2 Resort Tourist District for multi-use retml, convention and meeting facilities at Atlantic Avenue and 34th Street. (DISTRICT 6 - BEACH) Recommendation: APPROVAL 4 Applications of RIGANTO, L.L.C.: ao Change of Zoning District Classification at Sandbridge Road and Princess Anne Road (1) Parcel 1. from AG-1 and AG-2 Agricultural District to Conditional R-20 Residential District, containing 185 2 acres (2) Parcel 2. from AG-1 and AG-2 Agricultural District to Conditional P-1 Preservation District, containing 90.8 acres . 10 b. Conditional Use Permit (1) for Open Space, containing 185.2 acres (2) for recreational and amusement facilities of an outdoor nature (horse stables and riding rings) DEFFERRED. Recommendation: June 25, 2002 APPROVAL Application of SAIR ENTERPRISES, INC. for a MODIFICATION ofa Condtttonal Use Permtt re an automobile service station (approved February 13, 2001) to remove a requirement for a canopy, remove the automobile storage use, expand approved automottve repatr and add a car wash at 3096 South Lynnhaven Road. (DISTRICT 3 - ROSE HALL) Approved by Council' Recommendation: February 13,2001 APPROVAL Application of FORT WORTH DEVELOPMENT, INC. for a Condttlonal Use Permit re multi-family Condominium in the B-4 Shore Drive Corridor Overlay District at Dinw~d&e Road and DuPont Circle. (DISTRICT 4- BAYSIDE) Planning Commission Recommendation: Staff Recommendation: APPROVAL DENIAL Application of VICTORY CHAPEL for a Conditional Use Permit re a church at 6644 Indian River Road. (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL Application of GATEWAY CHRISTIAN SCHOOL for a Conchtional Use Permit re a private school addition at 5473 Virginia Beach Boulevard. (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL Application of CUSTOM STONE COMPANY for a Conchtlonal Use Permtt re a bulk storage yard at 2621 Quality Court. (DISTRICT 6- BEACH) Recommendation: APPROVAL Resolution to REFER to the Planning Commission proposed amendments to Sections 111, 233.1, 1501, 1511 and 1521 ofthe City Zomng Ordinance (CZO) re Conditional Use Penmts for sale o[alcohol in the RT-1, RT-2 and RT-3 Resort Tourist Districts. N O. Po Q APPOINTMENTS BEACHES AND WATERWAYS COMMISSION DEVELOPMENT AUTHORITY FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE- COG SHORE DRIVE ADVISORY COMMITTEE TIDEWATER REGIONAL GROUP HOME COMMISSION UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT If you are physically disabled or visually impaired and need assistance at th~s meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call. TDD only 427-4305 (TDD - Telephonic Dewce for the Deaf) MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 12 August 2003 Mayor Meyera E Oberndorf called to order the Ctty Manager's Brtefing re CONVENTION CENTER STATUS, tn the Ctty Counctl Conference Room, City Hall, on Tuesday, August 12, 2003, at I O0 P M Counctl Members Present Harry E Dtezel, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Absent Margaret L Eure [Entered 3 28 P M -taktng husband to doctor] -2- CITY MANA GER'S BRIEFING CONVENTION CENTER STATUS 1:00 P.M. ITEM # 51492 E Dean Block, Dtrector of Pubhc Works, advtsed information relattve the Convention Center status since the Aprtl 15, 2003 Brtefing, shall be provtded Dtscusston shall entatl estabhshtng the "Guaranteed Maximum Price" (GMP) (the maximum price contracted with Turner Construction to construct the facility) A hst of options shall be provided for City Counctl's constderatton and which City staff requests dtrectton Status April 15, 2003 Council concurrence with destgn and model 142, 000 square feet of exhtbtt space 32, 000 square feet of Ballroom 25, 000 square feet of Meettng Rooms Icontc Glass Wall and Tower ProJect projected to be on budget &te construction commenced April 1, 2003 Features beyond budget (up to $8 7-MILLION) &scussed &xty-three (63) of the stxty-five (65) parcels and five (5) of fifty-five (55) condomtntums have been acqutred Relattve the destgn, etghty (80 percent of the drawmgs tssues for the Guaranteed Maxtmum Prtce (GMP) have been tssued and now one hundredpercent (100%) of the drawmgs have been completed Four hundred ntnety-three (493) parktng spaces are completed Constructton has commenced on the foundatton and ptles $46 7-MILLION has been awarded tn trade contracts Bids have been received relative the remaining work for the Guaranteed Maxtmum Prtce (GMP) There were fifiy-five (55) btd packages Current Budget Total Project Budget GMP $193,500,000 $140,070,000 The balance of the budget consisted of design, real estate, furmture fixtures and eqmpment, etc (Non-GMP) Process for Establishing the Guaranteed Maximum Price (GMP) GMP submitted on July 25 by Turner Construction $147,62o, ooo $143,ooo, ooo $ 4,62O, OOO submitted GMP budgeted GMP Beyond Budgeted GMP Revise Budget for GMP $140,070,000 250,000 400,000 1,280,000 $143,000,000 for traffic signals for public utilities betterments budget scrub (non GMP items) now available for GMP August 12, 2003 -3- CITY MANA GER'S BRIEFING CONVENTION CENTER STATUS ITEM # 51492 (Continued) Dtrectton was provtded to Sktdmore, Owmng and Merrill LLP (SOM), Turner Constructton and Ctty staff Theprogram and the tcontc bmldtng extertor were "out of bounds "for any adjustments The 142, 000 square foot Exhtbtt Hall and 32, 000 square foot Ballroom were not to be tmpacted The Extertot and Tower were to rematn The functtonahty of the butldtng was to rematn the same Wtth thts guidance, Turner Constructton, SOM and Ctty staff comptIed a hst of over one hundred (100) cost adjustment ttems After revtew and dtscusston, these adjustments totaled $4,620,000 Thts does mean the loss of certain amentttes Major A djustm en ts $ 111,000 $ 203,000 $ 107,000 $ 900,000 $1,066,000 $2,3S7,000 Meettng rooms -Parttttons and fimshes Fountatn on southwest corner Skyhghts at exhibit hall entrance Vtdeo Wall Ballroom wood panels, hght show, etc Total Other items of concern to the Conventton Visitors'Bureau (CVB) amounted to $900,000 * $2,3s7,ooo * $ 900,000 $1,333,000 $4,~2o, ooo Major adjustments 1 2% of budget Other ttems of concern 0 5% of budget Constdered transparent tn terms of economtcs and quahty of facthty Needed Adjustment *Equal 1 7% of the total project budget Features beyond Budget (discussed during the City Council Status Report of April 15, 2003) Covered walkways Irrtgatton around butldtng Addtttonal landscapmg north of buddtng Additional 300 parking spaces Addtttonal landscaping south of 19th Street Ftsh Pools Irrtgatton of parktng lot landscape 19th Street (stamped asphal0 * Expand exhtbtt hall *Pavers would add $425,000 $2,000,000 230,000 250,000 75O, 000 500,000 200,000 252,000 375,000 3,630, 000 $8,237,000 Options for Proceeding No additional capital funding Stay on current budget wtth $143-MILLION GMP ADD $2,$87,000 for major features ADD $ 900, O00 for other items ADD fundmgfor none, some or all of the features beyond budget August 12, 2003 -4- CITYMANAGER'S BRIEFING CONVENTION CENTER STATUS ITEM # 51492 (Continued) The Ctty Manager advtsed the interest rates obtamed on bonds sold earher tn the year were an "htstortc low ", the lowest tnterest rate tn four years Rates are now accelerattng Wtthtn the exiting revenue streams, approxtmately $15 to $16-MILLION ts avatlable for ttems chosen to add The Ctty Manager emphastzed the tmpresstveness of the Ballroom and Vtdeo Wall George d Efstathtou, Partner- Sktdmore, Owtngs and Merrtll, Btll Brennan, Sr, Semor Vtce Prestdent and General Manager - Turner Constructton and Albert Adams, Sentor ProJect Manager- Turner Constructton were tn attendance to respond to Ctty Counctl questtons Mr Block distributed a stngle sheet itemizing the features beyond Budget for City Council's prtortttzatton The ttem, cost and whether ttme senstttve ts dehneated Thts revenue stream would entatl the majorprojects fund encompasstng 2 ~¢ - hotel tax, 1¢ -meal tax and 5¢- ctgarette tax The majortty of thts revenue ts dertved from the tourists, not the citizens. The Construction Management process has allowed the City to be assured the benefit of every dollar The only major ttem btd so far, that does not entatl local contractors ts the window wall, which ts a spectahzed ttem from Germany 45% of the specific contracts awarded to- date have been awarded to local contractors, approximately $24-MILLION dames Rtcketts, Dtrector- Convention Visitors Bureau, advised the Executive Committee of the Conventton Center Steertng Commtttee met and &scussed the tssues and fully support Ctty Councd provtdtng dtrectton Ctty Counctl's prtortttzatton Convention Center Features Beyond Budget were talhed Item Cost Time Votes Sensitive Meettng Room Parttttons $ 111,000 Yes 9 Fountain on SW Corner $ 203,000 No 5 Skyhghts $ 107,000 Yes 8 Vtdeo Wall $ 900,000 Yes 8 Ballroom Amentttes $I, 066, 000 Yes 9 CVB Other ltems $ 900,000 Yes 9 Covered walkways Irrtgatton around butldtng Ad&ttonal Landscaping - North Addtttona1300 parktng spaces Addtttonal Landscaptng- South Ftsh Pools Irrtgatton around Parktng 19'h Street Stamped Asphalt 19 ,h Street Pavers Expand Exhtbtt Hall $2,000,000 No 1 $ 230,000 No 8 $ 250,000 No 8 $ 750,000 No 7 $ 500,000 No 8 $ 250,000 Yes 1 $ 252,000 No 7 $ 375,000 No 5 7 $ 800,000 Yes 30 $3,630,000 Yes 7 August 12, 2003 -5- CITY M,4N,4 GER'S BRIEFING CONVENTION CENTER S T~4 TUS ITEM # 51492 (Continued) Items would be deleted receiving less than a majority vote The 19ta Street Stamped Asphalt and 19tn Street Pavers are mutually exclusive, the two (2) votes for Pavers wtll be moved to Stamped Asphalt for a total of seven (7) The ttems chosen would total approxtmateIy $9 040 - MILLION A Pubhc Hearing and appropriation Ordtnance shall be scheduled for the Ctty Counctl Sesston of August 26, 2003 RECESS: 2:35 P.M.- 2:40 P.M. August 12, 2003 -6- CITY MANA GER'S BRIEFING ROCK n ROLL ~ M/IRA THON 2:40 P.M. ITEM # $1493 dames Rtcketts, Dtrector- Conventton Vtsttors Bureau, advtsed 17,000people have regtstered for the Rock n Roll ~ Marathon versus 15,000 inpreviousyear Relattve advanced bookmg of"room blocks ", 22 hotels are sold out On Thursday ntght, there wtll be a Speaker's C[tntc, attended by all the top namesparttctpattng tn Marathons For the first trine, a couple wtll be marrted at 7 O0 A M, prtor to the race, by the Honorable Meyera E Oberndorf, Mayor The next two hours of thetr marrtage wdl be spent "runntng the race" Mayor Oberndorf advtsed she must obtatn a Court Order and post a personal $500 bond to perform thcs marrtage A number of items re the Rock n Roll ~ Marathon are avadable t e tee, sweat, long sleeve shtrts and ball caps for members of Ctty Councd August 5, 2003 -7- CITY MANA GER'S BRIEFING TAX CREDIT PROGRAM ITEM # 51494 Steven Thompson, Chtef Fmanctal Officer, advtsed partial Tax Exemption for Redevelopment Zones ts a new "tool for the box" Redevelopment ts an acttve dtscusston and Comprehenstve Plan theme In this instance, thts would entatl a hmtted exemption on property taxes re renovation and construction costs to encourage prtvate re-development There was prehmtnary dtscusston tn February Why Redevelop? Restore value (Restorattve Development) Improve and Energtze Business and Restdenttal Netghborhoods Replace Unproducttve or outdates tssues wtth approprtate development and land use Asstst response to changtng markets and economtcs Runnmg out of land, need ways to grow the tax and job base Protect target areas from dechne Achieve htgher quahty Provtde postttve benefits to property owners, nearby owners~residents, business operators and the City ,4chteve the Vtston of Ctty Counctl Measures of Success Redevelopment ts the "Tough Nut "- Land Assembly, Demohtton, Ttme and Expense Stgntficant Pubhc Benefit would not occur without both Pubhc/Prtvate Investment Redevelopment ProJect wtll encourage and sttmulate stmtlar tnvestment Loss of Exempted Tax Revenue wtll be offset by creatton of New Tax Revenues Not Encourage Medtocrtty The Conventton Center ts a $200-MILLION tool for redevelopment Redevelopment Tools Capttal Improvement ProJects (CIP) - Placement Ttmtng, and Momentum Rezomngfor quahty and density Communtty Development grants, programs and authortttes Tax Increment Ftnanctng- pubhc enhancements August 5, 2003 -8- CITY M/INA GER'S BRIEFING TAX CREDIT PROGRAM ITEM # 51494 (Conttnued) Redevelopment Tools (Continued) Development Authortty- (EDIP) Economtc Development Investment Program Investment Partnershtps Redevelopment and Houstng Authortty- Land assembly and repackagtng for prtvate deferrals Tax Incenttves, Dtstrtcts and Deferrals State Code Minimum Requirements Structures Only Parttal exemptton cannot exceed Incremental tncrease tn value or 50% of cost of reha&htatton redevelopment Age Reqmrements Hotel/Motel 35 years Commerctal/Industrtal 20 years Restdenttal 15 years Ctty can also adopt restrtctton/gutdehnes Spectfic requtrements may vary by Dtstrwt, but are umform wtthm the Dtstrwt Ptlot program under dtscusston Specific Guidelines &mtlar tn each District, but dtffer by extent Urban concepts Archttectural/quahty standards Denstty Mtntmum stze of block- requtrtng land assembly Maxtmum or mtntmum project square footage Comparison with TIF (Tax Increment Financing) TIF Funds Pubhc Infrastructure and Pubhc Rtsk Tax Credit reduces Developer's project costs over length of Incentive TIF Best used for geographtcally large projects requtrtng pubhc mfrastructure TIF Cordons off Base Value for duratton of Dtstrtct August 5, 2003 -9- CITY MANA GER'S BRIEFING TAX CREDIT PROGRAM ITEM # 51494 (Continued) Impact on City and Schools Base Value protected, after Constructton Developer's extra tnvestment value tax exempt Growth tn value tn tmprovements after constructton ts taxable EXAMPLE $ 4-MILLION Investment SI-MILLION Ortgtnal Value ANNUAL CUMULATIVE Intttal Taxes $ 12,200 $ 12,200 Total with ProJect $ 53,000 $ 797, 729* No butld- Taxes from Natural Growth $ 210,546' 15year Benefit to Developer $ 36,600 o .~.,,,,~,~,,, $549,000 *Plus 1% Growth Wtth the butld scenarto, the Ctty would recetve taxes of $248,729 Next Steps City Council adopt Partial Tax exemption (the earliest this could occur would be Public Comment on August 26, 2003, with adoption in September) City Council adopt Pilot District Evaluation Pilot program after one (1)year If desirable, pre-plan additional District. The earhest this Pubhc comment could occur ts August 26, 2003, with adoption tn September Jerald Banagan, Real Estate Assessor, advised tnformatton relative the age of structures within the City can be provtded However, Mr Banagan advtsed tn the begtnntng Dtstrtcts would be targeted Mr Thompson advtsed a Dtstrtct tn the Resort Area ts betng constdered as a ptlot project requtrtngpubhc asststance There are a number of ctttes tn Vtrgtnta whtch have utthzed thts process Arhngton County, Norfolk, Portsmouth, Newport News, Staunton and Rtchmond (the Redevelopment mcenttve only apphes to the purchaser of the property) August 5, 2003 -10- CITY MANA GER'S BRIEFING COMPREHENSIVE PLAN 3:14 P.M. ITEM # 51495 Robert Scott, Dtrector of Planntng, tntroduced Ronald C Rtpley, Chair - Planning Commtsston Mr Rtpley referenced residential redevelopment ts tncluded in Newport News, and Vtrgtnta Beach mtght wish to consider this concept to revtew fathng properttes and provtde some tncenttves for renovation The process relattve the development of the Comprehensive Plan commenced tn the Summer of 2001' Nme (9) Pubhc Heartngs were conducted The pubhc's reactton to some of the questtons posed was recorded The Planntng Commtsston actually commenced the formulatton of the text at the begtnmng of the year, somettmes meettng twtce a week, every other week, whtle at trines three ttmes a month Thts entatled a very detatled "gtve and take "process and involved dynamic and progresstve thtnktng on the part of staff There wtll be four (4) more workshops conducted on Tuesday and Thursday of the next two weeks The Planmng Commtsston wtll hold a Special Public Hearing during the month of September. Mr Scott advtsed the Comprehensive Plan is the City Council's official policy on the future physical development of the City The first Virginia Beach Comprehensive Plan was adopted tn 1979 Thts Comprehenstve Plan was AMENDED tn 1985, 1991 and 1997 The Ctty posses wtthm the DRAFT Comprehenstve Plan, four potenttal (4) dauntmg questtons For an effecttve Comprehenstve Plan, the correct answers must be provtded for these questtons These questtons represent the challenge faced by the Czty Can Vtrgtnta Beach conttnue to expand its tax base to matntatn its fiscal health and prospertty now that undeveloped land tn tts urban area has become a scarctty, or must the ctty face a gradual dechne tn revenues and jobs tf growth slows or ceases, thus undermtntng tts fiscal future ? Can Vtrgtma Beach retain the character of tts culturally and envtronmentally fragde rural areas tn the face of mounttng pressure for urban expanston, or must the Green Line give way to accommodate a relentless southward spread of growth ? Can Vtrgtnta Beach estabhsh quahty o the commumty as a central prtnctple of future growth, or must we gradually lose the natural and manmade amentttes we enjoy as the communtty ages and as growth conttnues to consume rematnmg vacant land¢ Can Vtrgtnta Beach matntatn the quahty of tts netghborhoods in the face of the forces of the agtng process and the pressures of growth north of the Green Line, or wtll our netghborhoods dechne tn value and quahty as growth closes tn around them ~ The Planmng Commtsston and staff are confident the answers wtll be "yes" to the first part and "no" to the second part of each of the aforementtoned questtons Mr Scott detatled the State Law Gutdehnes (1) prepared by the Plannmg Commtsston, (2) every five (5) years, (3) must contatn certain elements, (4) has status as a gutde, and (5) must be based on real data General Strategy Assembly of the five (5) budding blocks (economic vttahty, chverstty, adequate pubhc facthttes and servtces, a ctty of phystcal beauty, and healthy netghborhoods) Creation of Special Places Redevelopment August 5, 2003 -11- CITY MA N,,I GER'S BRIEFING COMPREHENSIVE PLAN ITEM # 51495 (Continued) Mr Scott &splayed a graphtc of the Ctty tllustrattng "Creation of Special Places" The Green Lme ts sttll an tmportant part of the Comprehenstve Plan The Green Ltne separates the urban north from the rural south Interstate 264 ts the morephystcal feature whtch cuts all the way across the Ctty and creates many opportuntttes A rural area of the Ctty, south of lndtan Rtver Road, ts clearly unhke any otherportton of the Ctty Pohctes are necessary tn thts area, whtch do not apply elsewhere tn the Ctty Those pohctes must be set The Transttton Area has tts own set of challenges, pohctes and destgn crtterta The Resort Area ts dtfferent from all the other areas and has needs unhke other areas of the Ctty The other areas denoted are the long estabhshed netghborhoods These netghborhoods must be protected from the negattve tmpact of growth Creation of Special Places August 12, 2003 - 12- CITY MANAGER'S BRIEFING COMPREHENSIVE PLAN ITEM # 51495 (Continued) REDEVELOPMENT Goals for Redevelopment Accommodate the growth needs of the next generatton Build a Ctty without bhght Butld a more aesthettcally pleastng Ctty Expand the tax base Protect our estabhshed netghborhoods Mr Scott cited the two concepts of Redevelopment: Area-wide and Site Specific Redevelopment Strategy Engaging the Private Sector Assembly of appropriate tools Tax Increment Financing (TIF) Economic Development Incentive Program (EDIP) Partial tax exemption Redevelopment agency Asset Management Strong Neighborhood Initiatives Leveraging and Timing Robert Scott quoted from hts favortte Management book "Art of War" "Plan for what ts dtfficult whtle tt ts easy, do what ts great whtle tt ts small The difficult thtngs tn the World must be done whtle they are easy The greatest thtngs tn the World must be done whtle they are small For thts reason, sages never do what ts great and this ts why they achieve greatness" The Comprehenstve Plan will be brought to City Council for actton tn the Fall Relattve Redevelopment, a Ctttzens Advtsory Commtttee was suggested to revtew the process The tssue of Redevelopment wtll be revtewed August 12, 2003 - 13- AGENDA RE VIE W SESSION 4:03 P.M. ITEM # 51496 I PRESENTATION 1 REVENUE SHARING IN LIEU OF TAXES- Back Bay Wtldltfe Refuge Mackay Island Edward Schrock, Umted States Congress Jared Brandwem, Refuge Manager, Back Bay Nattonal Wtldhfe Refuge Mayor Oberndorf advtsed thts ttem had been removed from the Ctty Councd Agenda Checks tn the amount of $183,000 (Back Bay Wddhfe Refuge) and $1,800 (Mackay Island) have been recetved Thts revenue, tn heu of taxes, has been deposited tn the City's General Fund ITEM ii 5149 7 12 Ordtnance to ABOLISH the Youth Services Coordinating Committee Counctl Lady Wtlson advtsed the terms exptred tn 1999 and 2000 The Youth Services Coordinating Committee wtshed to reorgantze and redefine thetr mtsston ITEM ii 51498 L3 Or&nances to A UTHORIZE acqutsttton of property m fee simple for rights-of-way and easements by agreement or condemnatton a Water, sanitary sewer, and drainage re repatrs to the Stumpy Lake raw water transmtsston main New sanitary sewer pump statton stte to replace the extsttng Pembroke Manor South Pump Station #354 tn the Central Bustness Dtstrtct Counctl Lady Eure tnqutred tf the owner of property for the pump satton was a wtllmg seller Vtce Mayor Jones advtsed the owner currently rents the proper~y to his daughter The property owner understands tt ts necessary to sell ITEM # 51499 L4 Ordtnance to AUTHORIZE the Ctty Manager to acquire from the GALIOTOS FAMILY, for pubhc purposes, property wtthtn Block 6, TOWN CENTER, and, APPROPRIATE wtth a TRANSFER of $2, 250, O00 for the Town Center tnfrastructure Counctl Lady McClanan wtll vote NAY on thts ttem August 12, 2003 - 14- AGENDA RE VIE W SESSION ITEM # 51500 L6 Oi-diiiaiice Resolutton to,4 UTHORIZE the Ctty Manager to execute a Working Agreement re Hampton Roads Comprehensive Regional Information Management and Exchange System (CRIMES)wtth Chesapeake, Hampton, James Ctty County, Newport News, Norfolk, Poquoson, Portsmouth, Smtthfield, Suffolk, York County and Wdhamsburg. Vtce Mayor Jones advtsed thts ts a Resolutton, not an Ordtnance ITEM # 51501 L8 Ordtnance to estabhsh a Capttal Improvement ProJect (CIP) re Back Bay Waterway access tmprovements, A CCEPTandAPPROPRIA TEa $150, O00federal grant, and AUTHORIZE the Ctty Manager to execute a Cooperative Agreement for an access facthty Counctl Lady Eure expressed concern whether the $150,000 ts adequate Counctlman Reeve advtsed these are Federal Funds to commence the process Barry Frankenfield, Parks and Recreation, advised the City worked wtth Fish and Wtldhfe re the Horne Potnt stte Thts ts a small project encompasstng approxtmately three (3) acres The Ctty wtll butld an access road and aparktng lot The U S Ftsh and Wtldhfe Servtce wtll butld the tratls, docks, etc If the cost ts over $150,000, the City will not bmld The City will assist US Fish and Wtldhfe wtth the destgn US Ftsh and Wtldhfe wtll matntatn the stte (pohce, trash ptck-up) Asststant Ctty Attorney Vanessa Valledejuh advtsed the agreement sttpulates the City ts not provt&ng funds, only tn-ktnd services ITEM # 51502 BY CONSENSUS, the followtng shall compose the CONSENT AGENDA: ORDINANCES/RES OL UTIONS L 1 Ordtnances to AUTHORIZE the City Manager to enter tnto LEASES at the Farmer's Market Leonard Bergey t/a Bergey's Dairy Farm, Inc. for space #14 Judy Chapman t/a Chapman's Flowers and Gifts for spaces #3 and 4 Beverly Hardtson t/a Country Butcher, Inc. for space #12 Elste Creekmore t/a Creekmore's Place for spaces #7 and 8 David Hare t/a Hare Farms for space #13 Mark Holland t/a Holland Produce for spaces #5 and 6 Laurte Moser t/a Reflections of the Heart for space #10 Laurte Moser t/a Secret Garden for space #11 Mtchele Shean t/a Virginia Garden for spaces #23, 24 and 2 7 August 12, 2003 - 15- /1 GENDA RE VIE W SESSION ITEM # 51502 (Continued) 12 L3 L4 L5 L6 L7 L8 Orchnance to/IBOLISHthe Youth Services Coordinating Committee Ordtnances to A UTHORIZE acqutsttton of property m fee stmple for rtghts-of-way and easements by agreement or condemnatton Water, sanitary sewer, and drainage re repatrs to the Stumpy Lake raw water transmtsston main New santtary sewer pump statton stte to replace the extsttng Pembroke Manor South Pump Station #354 tn the Central Bustness Dtstrtct Or&nance to AUTHORIZE the Ctty Manager to acqutre from the GALIOTOS FAMILY, for pubhc purposes, property wtthtn Block 6, TOWN CENTER, and, APPROPRIATE wtth a TRANSFER of $2,250, O00 for the Town Center tnfrastructure (DISTRICT 4 - BA YSIDE) Ordtnance to AUTHORIZE the Ctty Manager to execute an Agreement wtth Southeastern Public Service~4 uthority (SPSA) for the operatton of a "Whtte Goods" recychng facthty and a Lease Option for a "Yard Waste" facthty at Landfill II Resolutton to AUTHORIZE the Ctty Manager to execute a WorktngAgreement re Hampton Roads Comprehensive Regional Information Management and Exchange System (CRIMES) wtth Chesapeake, Hampton, dames Ctty County, Newport News, Norfolk, Poquoson, Portsmouth, Smithfield, Suffolk, York County and Wtlltamsburg Ordtnance to AUTHORIZE a temporary encroachment into portions of the Ctty's right-of-way by DA VID H. and JEANH. KLEIN for mamtenance of an extstmg bulkhead and replacement of deteriorated bulkhead wtth rtp-rap and sand tn Kempes Lake at 204 Oakengate Turn Ordtnance to estabhsh a Capttal Improvement ProJect (CIP) re Back Bay Waterway access tmprovements, /1CCEPTandAPPROPRIA TEa $150, O00 federal grant, and ~IUTHORIZE the Ctty Manager to execute a Cooperattve Agreement for an access facthty August 12, 2003 -16- AGENDA RE VIE W SESSION ITEM # 51502 (Continued) L9 Ordtnances authortztng compensatton tncreases effecttve on anmversary dates for City Council Appointees a City Manager b Ctty Attorney c Ctty Assessor d Ctty Clerk LIO Ordinance to ACCEPT and APPROPRIATE a $95,806 Federal grant and $245,342 from other sources tn the Department of Community Services for Mental Health, Mental Retardatton, and Substance Abuse (MH/MR/SA) spectal revenue to fund enhanced servtces to their chents Lll Resolutton re tssuance of Multt-Famdy Houstng Bonds tn an amount not to exceed $5,500,000 and Refundmg Bonds, Sertes 2003, tn the amount of $ 7, 500, O00 for CP Atlantic, L.P. (Atlantis Apartments ProjecO 999 Atlantts Drive L 12 Resolution asstgmng admtntstrattve responsibility for Freedom of lnformatton Act (FOIA) requests to the Czty Attorney's Office Councd Lady McClanan wtll vote NAY on Item L 4 August 12, 2003 -17- AGENDA RE VIEWSESSION ITEM # 51503 MI Ordinance to AMEND Sections 111 225 1, 601, 901 and 1521 of the Ctty Zonmg Ordtnance (CZO) to allow Bed and Breakfast Inns as a Conditional Use tn certain Apartment, Bustness, Resort Tourtst and other Zomng Districts, and, FURTHER AMEND the spectfic condtttons for Bed and Breakfast Inns M 2 Apphcatton of GREGORY NELSON for a Con&ttonal Use Permtt re a bed and breakfast at 2420 Arcttc Avenue (DISTRICT 6- BEA CH) Councd Lady McClanan advtsed thts proposal does not encompass a "true" bed and breakfast Counctlman Maddox requested thts stem be DEFERRED unttl the Ctty Counctl Sesston of August 26, 2003 Councilman Maddox has met with the apphcants and researched this concept The consensus appears to be the bed and breakfast concept ts well recetved tn thts netghborhood and percetved as an mvestment Counctlman Maddox wtshes language tnsttlled wtthtn the Condtttonal Use Permtt to assure proper operatton In thts parttcular apphcatton, the facthty wtll not be owner-operated M3 ITEM # 51504 Apphcatton of OCEAN BEACH CLUB, LLC fora Change qf Zontng from RT-1 Resort Tourist Dtstrtct to Conditional R-T-2 Resort Tourist Dtstrtct for multt-use retail, convention and meettngfacthttes at Atlanttc Avenue and 34th Street (DISTRICT 6 - BEACH) Council Lady Wilson DISCLOSED Pursuant to Conflict of Interests Act 6~ 2 2-3115 (H) her husband ss a prtnctpal tn the accountmg firm of Goodman and Company and earns compensation whtch exceeds $10,000 O0 annually Goodman and Company provtdes servtces to Ocean Beach Club, L L C Her husband does not personally provtde servtces to Ocean Beach Club, L L C The Ctty Attorney has advtsed that although she has a personal interest tn the transaction, because her husband does not personally provide servtces to Ocean Beach Club, L L C, she may parttctpate wtthout restrtctton tn Ctty Counctl's dtscusston of and vote on, the ordtnance, upon dtsclosure Counctl Lady Wtlson 's letter of August 12, 2003, ss hereby made a part of the record August 12, 2003 -18- AGENDA RE VIE W SESSION ITEM # 51505 M 4 Apphcattons ofRIGANTO, L.L.C. a Change o_f Zontng Dtstrtct Classtficatton at Sandbrtdge Road and Prtncess Anne Road (1) Parcel 1 from AG-1 and AG-2 Agricultural District to Conditional R-20 Residential Dtstrtct, contatnmg 185 2 acre (2) Parcel 2 from A G-1 and AG-2 Agricultural District to Condtttonal P-1 Preservatton Dtstrtct, contammg 90 8 acres b Condtttonal Use Permtt (1) for Open Space, contatmng 185 2 acres (2) for recreational and amusement facilities of an outdoor nature (horse stables and rtdmg rings) Thts ttem shall be &scussed durtng Formal Session There are speakers registered ITEM # 51506 LS. Apphcatton of SAIR ENTERPRISES, INC for a MODIFICATION of a Con&ttonal Use Permtt re an automobtle servtce statton (approved February 13, 2001) to remove a reqmrement for a canopy, remove the automobtle storage use, expand approved automottve repatr and add a car wash at 3096 South Lynnhaven Road (z) srmcr s - ROSe HALL) Councd Lady McClanan has concerns and wtshed thts item be DEFERRED unttl the Ctty Counctl Sesston of August 26, 2003 Thts apphcatton adjoms restdenttal property Counctl Lady McClanan wtshes condtttons addressed with the apphcant ITEM # 5150 7 M 6 Apphcatton of FORT WORTH DEVELOPMENT, INC. for a Con&ttonal Use Permtt re multt-famtly Condomtntum tn the B-4 Shore Drtve Corrtdor Overlay Dtstrtct at Dtnwtddte Road and DuPont Ctrcle (DISTRICT 4- BA YSIDE) Vice Mayor Jones advised speakers are registered This item will be &scussed durtng Formal Sesston August 12, 2003 - 19- AGENDA RE VIE W SESSION ITEM # 51508 M IO Resolutton to REFER to the Planmng Commtsston proposed amendments to Secttons 111, 233 1, 1501, 1511 and 1521 of the City Zoning Or&nance (CZO) re Con&ttonal Use Permits for sale of alcohol tn the RT-1, RT-2 and RT-3 Resort Tourtst Dtstrtcts The City Attorney advised there are too many alcohol estabhshments tn a small area The ABC Board states thts ts a zomngproblem and does not restrict sales because of the number of estabhshments Thts Or&nance would provide an ad&ttonal layer of control The Ctty's havtng a greater measure of control over such estabhshments ts espectally needed tn the Resort Area because much of the undestrable behavtor (mcludtng, but not hmtted to, the commtsston of crtmtnal offenses) at the Oceanfront ts the dtrect or m&rect result of the consumption of alcohohc beverages Councd Members expressed concern and wtshed thts item encompass the other zomng &strtcts of the Ctty The City Attorney advtsed thts Ordinance would refer to any estabhshment selhng alcohohc beverages on or off premtses, t e grocery stores, convemence store, restaurant an bars Thts Resolutton shall be AMENDED, B Y CONSENT, to tnclude other zomng areas within the city ITEM # 51509 B Y CONSENSUS, thefollowtng shall compose the CONSENTAGENDA: MI Or&nance to AMEND Secttons 111 225 1, 601, 901 and 1521 of the Ctty Zontng Ordmance (CZO) to allow Bed and Breakfast Inns as a Conditional Use tn certatn Apartment, Bustness, Resort Tourtst and other zontng Dtstrtcts, and, FURTHER AMEND the spectfic condtttons for Bed and Breakfast Inns M. 2 Apphcatton of GREGORY NELSON for a Condtttonal Use Permtt re a bed and breakfast at 2420 Arcttc Avenue (DISTRICT 6- BEACH) M3 Apphcatton of OCEAN BEACH CLUB, LLC fora Change of Zontng from RT-1 Resort Tourist Dtstrtct to Conditional R-T-2 Resort Tourist Dtstrtct for multt-use retail, conventton and meettngfacthttes at Atlanttc Avenue and 34'h Street. (DISTRICT 6 - BEA CH) M5 Apphcatton of SAIR ENTERPRISES, INC for a MODIFICATION of a Condtttonal Use Permtt re an automobtle servtce statton (approved February 13, 2001) to remove a requtrement for a canopy, remove the automobtle storage use, expand approved automottve repatr and add a car wash at 3096 South Lynnhaven Road (DISTRICT 3 - ROSE HALL) August 12, 2003 - 20- AGENDA RE VIEW SESSION ITEM # 51509 (Continued) M7 M8 M9 MIO Apphcatton ofVICTORY CHAPEL for a Conchttonal Use Permtt re a church at 6644 Indtan Rtver Road (DIS TRIC T 2 - KEMPS VIL L E) Apph catt on of GA TE WA Y CHRISTIAN SCHOOL for a Conchttonal Use Permit re a private school addition at 5473 Vtrgtnta Beach Boulevard (DISTRICT 2 - KEMPSVILLE) Apphcatton of CUSTOM STONE COMPANY fora Condtttonal Use Permit re a bulk storage yard at 2621 Quahty Court (DISTRICT 6 - BEA CH) Resolutton to REFER to the Planmng Commtsston proposed amendments to Secttons 111, 233 1, 1501, 1511 and 1521 of the City Zonmg Ordmance (CZO) re Condtttonal Use Permtts for sale of alcohol tn the RT-1, RT-2 and RT-3 Resort Tourtst Dtstrtcts Items M 1 and M 2 wtll be DEFERRED BY CONSENT, until the Ctty Counctl Sesston of August 26, 2003 Counctl Lady Wtlson wtll DISCLOSE, but will be able to parttctpate on Item M 3 (Ocean Beach Club, tLC) Item M 5 wtll be DEFERRED BY CONSENT, unttl the Ctty Counctl Sesston of August 26, 2003 Item M 10 wtll be AMENDED, BY CONSENT, to include other zoning areas within the city Vtce Mayor Jones wtll VERBALL Y ABSTAIN on Items M 7 (Vtctory Chapel) August 12, 2003 - 21 - CITY COUNCIL COMMENTS 4:40 P.M. ITEM # 51510 Mayor Oberndorf advtsed the Navy has scheduled a Brtefingfor Ctty Counctl re the Final Environmental Impact Statement for NAS Oceana, 300P M Wednesday, August 13, 2003, Pavthon, Rooms 103 and 104 Mayor Oberndorf and the City Manager advised a Joint Workshop with the Virginia Beach School Board has been scheduled for Thursday, August 14, 2003, 6 30 P M - 10 30 P M, Advanced Technology Center, Ttdewater Communtty College The Ctty Counctl Retreat ts scheduled for August 15 and 16, 2003, Economtc Development Conference Room ]othjToor of Town Center, 8 30 A M to 5 O0 P M ITEM # 51511 Counctl Lady McClanan &strtbuted correspondence from the Ctty Attorney and an Ordtnance Prohibiting Parking on Lawn areas Counctl Lady McClanan wtshed to dtscuss thts Ordtnance at a future Ctty Counctl Session ITEM # 51512 Council Lady McClanan referenced the Farmers Market Friday Night Jamborees at 7:00 P.M. enjoyable entertatnment conttnues through Labor Day Mayor Oberndorf comphmented this exctttng famtly entertainment and encouraged attendance Thts August 12, 2003 - 22 o ITEM # 51513 Mayor Meyera E Oberndorf called to order the INFORMAL SESSIONof the VIRGINIA BEACH CITY COUNCIL m the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, August 12, 2003, at4 43 PM Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Jtm Reeve, Rosemary Wilson, Peter W Schmtdt, Ron A Vtllanueva and James L Wood Council Members Absent Rtchard A Maddox August 12, 2003 - 23- ITEM # 51514 Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Councd to conduct tts CLOSED SESSION, pursuant to Sectzon 2 1-344(,4), Code of Vtrgtma, as amended, for the followtng purpose PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve candtdates for employment, assignment, appointment, promotion, performance, demotton, salaries, dtsctphntng, or restgnatton of spectfic pubhc officers, appotntees, or employees pursuant to Sectton 2 2-3 711 (,4) (1) To Wtt Appozntments Boards and Commtsstons Beaches and Waterways Commtsszon Development Authortty Francts Land House Board of Governors Hampton Roads Economic Development Alhance Hampton Roads Planntng Dtstnct Commtsston Mtnortty Bustness Councd Parks and Recreation Commission Performtng ,4rts Theatre ,4dvtsory Commtttee Pubhc Library Board Revtew and Allocatton Committee Sentara Task Froce Shore Drtve Advisory Committee Tidewater Regtonal Group Home Commtsston Towtng Advtsory Board Youth Services Coordtnattng Councd PUBLICL Y-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 discussion tn an open meeting would adversely affect the bargamtng posttton or negottattng strategy of the pubhc body pursuant to Sectton 2 2-3711(,4)(3) Acquisition~Disposition of Property - Beach Dtstrtct - Lynnhaven Dtsttrct PROPRIETARYRECORDS Dtscusston or constderatton of confidenttal proprtetary records filed with the Ctty under the Pubhc-Prtvate Educatton Facthttes and Infrastructure Act of 2002 pursuant to Sectton 22-3771(A)(29) Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, Ctty Councd voted to proceed tnto CLOSED SESSION. Vottng 10-0 Councd Members l/ottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Jtm Reeve, Rosemary Wdson, Peter W Schmtdt, Ron A Vdlanueva and James L Wood Councd Members Vottng Nay None Councd Members ,4bsent Rtchard A Maddox (4:43 P.M. - 5:10 P.M. ) August 12, 2003 - 24 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 12, 2003 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Council Chamber, City Hall Bmldtng, on Tuesday, August 12, 2003, at 6 O0 P M Counczl Members Present Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Absent None INVOCATION Reverend Kevtn Mtcarek, Pastor Back Bay Chrzsttan Assembly of God PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA August 12, 2003 Item V-E. - 25 - CER TIFICA TION OF CLOSED SESSION ITEM # 51516 Upon motton by Vice Mayor Jones, seconded by Councilman Maddox, City Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempt from Open Meettng requirements by Virginia law were discussed tn Closed Session to which thts certtficatton resolutton apphes, AND, Only such pubhc business matters as were identified tn the motion convemng the Closed Sesston were heard, dtscussed or constdered by gtrgtnta Beach Ctty Counctl Vottng 11-0 Council Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Voting Nay None Counctl Members Absent None August 12, 2003 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 51514, page 23, and m accordance with the prowslons o£ The Virginia Freedom of Information Act, and, WHEREAS- Section 2 2-3 711 (A) of the Code of Vlrglma requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law NOW, THEREFORE, BE IT RESOLVED That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Vlrg~ma law were discussed in Closed Session to which this certification resolution applies, and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, d~scussed or considered by Virginia Beach City Council. -~uth Hodge~' Smith, MMC City Clerk August 12, 2003 - 26- Item V-F. 1. MINUTES ITEM # 51517 Upon motton by Counctlman Reeve, seconded by Counctlman Wood, Ctty Counctl APPROVED the Mtnutes of the INFORMAL and FOR31AL SESSIONS of August 5, 2003. I,'ottng 9-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve. Ron A Vdlanueva and James L Wood Counctl Members Vottng Nay None Councd Members' Abstaining Peter W Schmtdt and Rosemary Wilson Counctl Members Absent None Counctl Members Schmtdt and Wtlson ABSTAINED, as they were not tn attendance durtng the Ctty Counctl Session of August 5, 2003 August 12, 2003 -27- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 51518 BY CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION August 12, 2003 - 28 - Item V-H. PRESENTATION ITEM # 51519 REVENUE SHARING IN LIEU OF TAXES - Back Bay Wddhfe Refuge Mackay Island Edward Schrock, Umted States Congress Jared Brandwem, Refuge Manager, Back Bay Nattonal Wddhfe Refuge Thts Presentatton was REMOVED FROM THE AGENDA. Revenue Sharing Checks tn the amount of $183,000 (Back Bay Wddltfe Refuge) and $1,800 (Mackay Island) have been recetved These funds are placed tn the Cay's General Fund August 12, 2003 Item V-I. 1. - 29 - MA YOR 'S PRESENTATION ITEM # 51520 Mayor Oberndorf advtsed Special Olympics ts an tnternattonal program of sports training and competition whtch gtves chtldren and adults who are mentally challenged an opportuntty to develop thetrphystcal sktlls, &splay thetr abthttes and, most tmportantly, fulfill their humanpotenttal Thts year the 11th Spectal Olympics World Summer Games were hem tn Dubhn, Ireland, from June 21-29 and were the largest tnternattonal multt-sport event tn the world tn 2003, as well as the largest sporttng and cultural event ever stated tn Ireland Mayor Oberndorf presented RESOLUTIONS IN RECOGNITION to the followtng athletes KRISTEN DOWDY Power lifting Events - Silver and Bronze JAMES THACKER Gold - Aquatics STEFANIE WARD Power lifting - Gold, Silver and Bronze Team Vtrgtnta's stxteen athletes, whojotned over 7,000 others from 160 countrtes worldwtde, tncluded three participants form Vtrgtnta Beach who excelled tn their events August 12, 2003 WHEREAS, Special Olympics ts an international program of sports training and compettaon which gives children and adults who are mentally challenged an opportumty to develop their physical skdls, &splay their abdlttes and, most importantly, fulfill their human potential, and, WHEREAS, The Virginia Beach Special Olympics provides nurturing with an opportumty to parttctpate m training and competition as well as social events, and, WHEREAS, This year, the 11th Special Olympics Worm Summer Games were held tn Dubhn, Ireland from June 21-29 and were the largest mternattonal mula-sport event m the worm tn 2003, as well as the largest sporting and cultural event ever staged tn Ireland, and, WHEREAS, The City of Vtrgtma Beach has special ties to Ireland through tis S~ster City. Bangor, Nrorthern Ireland, and. WHEREAS, Team Virginia's sixteen athletes, who jomed over 7 000 others from 160 countries worldwide, included three participants from Virginia Beach who excelled tn their events recogmzes NOt4/, THEREFORE, The City Council of the City of Vtrgtma Beach Vtrgtma hereby KRISTEN DOWDY for her excellence tn the POWER. LIFTING events by capturing SILVER tn the Squat and the Combmaaon and BRONZE tn the Deadhft and Bench Press AND, FUTHER, BE IT RESOLVED that the City Councd calls upon the cmzens of Virginia Beach to recognize the courage, sptrtl and love of adventure that Krtsten has exhtblted as she represented the United States of America and the City of Virginia Beach which ts duly proud of her t~arry E Ot&el,"'Cou~.~Me~nber Mdrg(~ket L Eurj~ Councd Member ;~ Reeve, Councd Member Peter W Schmwlt, Councd Member Lout, out~~. .~.~e~s 'yor Ron A Vdlanueva, Councd Member Rtobard A Maddox, Councd Member Rosemat"l:"q~l, son, Councd Member I~% ~(/ ~//~ ~ James ~"' "~~' ~~o~, ~ouncd Member Reba S McClanan, Councd Member / MeiOra E Oberndorf Mayor / WHEREAS, Special Olympics ts an international program of sports training and competition which gives chddren and adults who are mentally challenged an opportunity to develop their physical skills, display their abdtttes and, most importantly, fulfill their human potential, and, WHEREAS, The Vtrgtma Beach Special Olympics provides nurturing with an opportumty to participate tn training and competition as well as social events, and, WHEREAS, This year, the 11ts Special Olympics Worm Summer Games were held in Dubhn, Ireland from June 21-29 and were the largest mternauonal muhz-sport event tn the world m 2003, as well as the largest sportmg and cultural event ever staged tn Ireland, and, WHEREAS, The City of Virginia Beach has special ties to Ireland through tis Sister Bangor, Northern Ireland, and, WHEREAS, Team Virginia's sixteen athletes, who jomed over 7,000 others from 160 countries worldwide, included three participants from Vtrgtma Beach who excelled tn their events recognizes NOW, THEREFORE, The City Council of the Ctly of Virginia Beach, Vtrgtma hereby JAMES THA CKER for his excellence tn the AQUATICS events by capturmg GOLD tn the Fifty Meter Backstroke, the Fifty Meter Freestyle and a sixth place fimsh in the 4 .¥ 50 Freestyle Relay AND, FUTHER, BE IT RESOLVED: that the City Councd calls upon the cttt:ens of Vtrgtma Beach to recogmze the courage, spirit and love of adventure that James has exhibited as he represented the Umted States of America and the Ci~ of Virgtma Beach whmh is duly proud of his eeve, Council Member Peter W SchmMt, Council Member Ron A Vdlanueva, Councd Member Rt ar/{A , addox Councd Member Rosem~Councd Member f Mey~-a 'E Vberndo~f, Mayor / - WHEREAS, Special Olymptcs ts an mternanonal program of sports training and competttton whtch gtves chtldren and adults who are mentally challenged an opportunity to develop thetr physmal skills, d~splay their abthttes and, most tmportantly, fulfill thetr human potenttal, and, WHEREAS, The Vtrgmta Beach Speczal Olympics provtdes nurturing w~th an opportumty to partmtpate tn tratntng and competttton as well as social events, and, WHEREAS, Thts year, the 11th Special Olymptcs Worm Summer Games were hem tn Dubhn, Ireland from June 21-29 and were the largest tnternattonal multi-sport event tn the worm tn 2003, as well as the largest sportmg and cultural event ever staged tn Ireland, and WHEREAS, The Ctty of Vtrgmta Beach has spectalttes to Ireland through tts &stet Bangor Northern Ireland, and, WHEREAS, Team Vtrgtma's sixteen athletes, who jomed over 7,000 others from 160 countries worldwtde, mcluded three parttctpants from Vtrgmta Beach who excelled tn thetr events recognzzes NOW, THEREFORE, The Cay Councd of the Ctty of Vtrgtma Beach, Vtrgmta hereby STEFANIE WARD for her excellence tn the POWERLIFTING events by capturmg GOLD tn the Deadlft, SILVER tn the Bench Press and BRONZE tn the Combmanon as well as placing Fourth tn the Squat AND, FUTHER, BE IT RESOLVED: that the City Counctl calls upon the ctttzens oJ Vtrgmta Beach to recogntze the courage, sptrtt and love of adventure that Stefante has exhtbtted as she represented the Umted States of Amertca and the Ctty of Vtrgmta Beach whmh ts duly proud of her M~: L~.u~cd Member Reba S McClanan, Counctl Member m Reeve, Counctl Member Peter W Scl,~Mt, Coun~d Member Ron .4 V~Hanueva. Council Member Ros~, Counctl Member James ~oo{, Council Member - 30- Item V-I. 1. MA YOR 'S PRESENTATION ITEM # 51521 Mayor Oberndorf PRESENTED the ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING to Patricia Phillips Director - Finance The Certificate of Achievement for Excellence tn Fmanctal Reportmg has been awarded to the Ctty by the Government Fmance Officers Assoctatton of the Untted States and Canada (GFOA) for tts Comprehensive Annual Financial Report (CAFR) The certtficate ts the highest form of recognttton tn the area of governmental accounttng and financtng receptton and tts attatnment represents a stgnfcant accompltshment by a government and tts management Thts ts the twenty-fourth ttme Vtrgtma Beach has recetved thts Achtevement Mrs Phdhps expressed apprectatton to the Mayor and Ctty Counctl, as well as all members of Ftnance Thts ts truly an tnter-departmental effort Mrs Phtlhps recogntzed Robert Hays - Comptroller, Don Barnett - Asststant Comptroller and Richard Lester -Ftnanctal Analyst August 12, 2003 -31 - Item V-K.a/i. PUBLIC HEARING ITEM # 51522 Mayor Oberndorf DECLARED A PUBLIC HEARING FARMER'S MARKET LEASES Bergey's Dairy Farm, Inc. Chapman's Flowers and Gifts Country Butcher, Inc. Creekmore's Place Hare Farms Holland Produce Reflections of the Heart Secret Garden Virginia Garden There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. August 12, 2003 - 32 - Item L. ORD INANCES/RES OL U TIONS ITEM # 51523 Upon motton by Vtce Mayor Jones, seconded by Counctlman Maddox, Ctty Counctl APPROVED IN ONE MOTION Ordtnances/Resoluttons la-t, 2, 3, 5, 6, 7, 1 O, 11 and 12 of the CONSENTAGENDA. Votzng 11-0 (By ConsenO Counczl Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Councd Members Absent None August 12, 2003 Item V-L. 1. - 33 - ORDINANCES/RES OL UTIONS ITEM # 51524 Upon motion by Vice Mayor Jones, seconded by Counctlman Maddox, City Council ADOPTED: Orchnances to AUTHORIZE the City Manager to enter into LEASES at the Farmer's Market Leonard Bergey t/a Bergey's Dairy Farm, Inc. for space #14 Judy Chapman t/a Chapman's Flowers and Gifts for spaces #3 and 4 Beverly Hardtson t/a Country Butcher, Inc. for space #12 Elsie Creekmore t/a Creekmore's Place for spaces #7 and 8 Davtd Hare t/a Hare Farms for space #13 Mark Holland t/a Holland Produce for spaces #5 and 6 Laurte Moser t/a Reflections of the Heart for space #10 Laurte Moser t/a Secret Garden for space #11 Mtchele Shean t/a Virginia Garden for spaces #23, 24 and 27 Voting 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Vottng Nay None Counctl Members Absent None August 12, 2003 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO RENEW LEASES FOR SPACES AT THE VIRGINIA BEACH FARMERS MAPJfET 5 WHEREAS, the City of Virginia Beach has leased spaces at the 6 Farmers Market since its Inception; 7 WHEREAS, the terms of the leases for several spaces at the $ Farmers Market have expired, and these tenants wish to renew the 9 leases for these spaces; and lC) WHEREAS, a public hearing concerning the proposed lease i1 renewals has been advertIsed and conducted. ]2 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ]3 VIRGINIA BEACH, VIRGINIA: 14 That the City Manager or his designee is hereby authorzzed on 15 behalf of the C~ty of V~rg~nia Beach to enter into lease agreements 16 from July 2003 through June 2006 with the followzng bus_Lnesses for 17 spaces as the Farmers Market: 18 Space #3 and #4 - Judy Chapman t/a Chapman's Flowers & G~fts; 19 Space #5 and #6 - Mark Holland t/a Holland Produce; 20 Space #7 and #8 - Elsie Creekmore t/a Creekmore's Place; 21 Space #10 - Laurie Moser t/a Reflections of the Heart; 22 Space #11 - Laurie Moser t/a Secret Garden; 23 Space #12 - Country Butcher, Inc.; 24 Space #13 - David Hare t/a Hare Farms; 25 Space #14 - Bergey's Dairy Farm, Inc.; and 26 Space #23, #24, and #27 - M~chele Shean t/a V~rgln~a Garden 28 29 Adopted by the Council of the City of Virginia Beach, 30 Virginia, on the 12 day of Auqust , 2003. 31 32 CA-8966 33 ORDIN\NONCODE\FM lease renewals.doc 34 R-3 35 July 31, 2003 36 37 38 APPROVED AS TO CONTENT: 42 AgricultUre Department~ APPROVED AS TO LEGAL SUFFICIENCY' l]aw Department SUMMARY OF TERMS LEASES FOR SPACES AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEES AND RENT: LESSEE MONTHLY ANNUAL Chapman's Flowers $537 $6,444 Holland Produce $446 $5,352 Creekmore's Place $446 $5,352 Reflections of the Heart $537 $6,444 Secret Garden $446 $5,352 Country Butcher $537 $6,444 Hare Farms $446 $5,352 Bergey's Dmry Store $537 $6,444 Vlrgima Garden $643 $7,716 TERM: July 2003 through June 2006 RIGHTS AND RESPONSIBILITIES OF LESSEE: Use leased space for retail enterprise consistent with the purpose of the Farmers Market Malntmn leased space, including heating and mr condltiomng umts · Purchase commercial general liability insurance · Keep retail space open dunng hours of Farmers Market operation RIGHTS AND RESPONSIBII~IT1ES OF CITY: Maintain common areas of the Farmers Market and structural elements of the leased space · Pay for water, sewer and, in most cases, electrical service TERMINATION: City may terminate by providing Lessee sixty (60) days nonce Data/aty/ord~n/noncode/FM lease renewal SO'I doc - 34- Item V-L. 2. ORDINANCES/RES OL UTIONS ITEM # 51525 Upon motton by Vtce Mayor Jones, seconded by Councdman Maddox, Ctty Councd ADOPTED: Ordinance to ABOLISH the Youth Servtces Coordtnattng Commtttee l,'ottng 11-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent None August 12, 2003 AN ORDINANCE ABOLISHING THE YOUTH SERVICES COORDINATING COMMITTEE 10 WHEREAS, on January 10, 1995, the City Council established the Youth Services Coordinating Committee; and WHEREAS, the Council now wishes to abolish this Committee. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Youth Services Coordinating Committee is hereby abolished. 11 12 13 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of August , 2003. CA-8973 ORDIN\NONCODE\ysccord. wpd R-1 August 7, 2003 APPROVED AS TO LEGAL SUFFICIENCY: Law Departme~ Item V-L. 3. - 35- ORDINANCES/RES OL UTIONS ITEM # 51526 Upon motton by Vtce Mayor Jones, seconded by Councilman Maddox, Ctty Counctl ADOPTED: Ordinances to AUTHORIZE acqutsttton of property tn fee stmple for rights-of- way and easements by agreement or condemnatton a Water, santtary sewer, and dratnage re repatrs to the Stumpy Lake raw water transmtsston main New santtary sewer pump statton stte to replace the extsttng Pembroke Manor South Pump Station #354 tn the Central Bustness Dtstrtct Votmg 11-0 (By ConsenO Council Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, &m Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 12, 2003 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY AND/OR TEMPORARY AND PERMANENT WATER, SANITARY SEWER, AND DRAINAGE EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE CAPITAL IMPROVEMENT PROGRAM FOR FY 2003-2004, CIP 5-083 STUMPY LAKE WATER RESERVOIR & PUMPING FACILITIES IMPROVEMENT WHEREAS, in the opinion of the Council of the City of Virginia Beach, Vlrglma, a 10 public necessity exists to repair the existing Stumpy Lake - Lake Lawson raw water pipeline to 11 ensure that the Stumpy Lake raw water facility remains a viable raw water resource to the City of 12 Vlrglma Beach and for other related public purposes, including the preservation of the safety, 13 health, peace, good order, comfort, and convenience, and for the general welfare of the people in 14 the City of Virginia Beach: 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 Section 1. That the City Council authorizes the acquisition by purchase or condemnation 18 pursuant to Sections 15.2-1901, et seq., Code of Vlrglma of 1950, as amended, of all that certain 19 real property in fee simple, including temporary and permanent water, sanitary sewer, and 20 drainage easements of right of way as shown on the plans entitled "REPAIRS TO STUMPY 21 LAKE 30" RAW WATER TRANSMISSION MAIN C I P 5-083 006," and more specifically 22 described on the acqmsltlon plats for the project (collectively, the "Plans"), the Plans being on 23 file in the Office of the Water Resources Division, Department of Public Utilities, City of 24 Vlrg~ma Beach, Vlrglma. Such acquisition will be made only after comphance with 25 Administrative Directive 3.14 for "Public Input for Pubhc Infrastructure ProJects Undertaken in 26 the City" 27 27 Section 2. That the City Manager is hereby authorized to make or cause to be made on 28 behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to 29 the owners or persons having an interest in said lands. If refused, the City Attorney is hereby 30 authorized to institute proceedings to condemn said property. 31 32 dayof z~n~,,,q~- ,2003. 33 ---~--- '~ 343635 ~~O~~/.~APP O ED A O ONT TS ~ 37 ~I.~..I~ATU,I~E . . x X XI_ 40 DEP~TMENT Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 2 APPROVED AS TO LEGAL SUFFICIENCY AND FORM Cri'Y ATTORNEY i/ I 1' / ,i ~ ! / ,/ · / / ? / ? ? .? AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR THE PEMBROKE MANOR SOUTH PUMP STATION SITE, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE FOLLOWING SANITARY SEWER PROJECT, PUMP STATION #354 6-063 Central Business District System Upgrade 10 WHEREAS, in the opinion of the Council of the City of 11 Virginia Beach, Virginia, a public necessity exists for the 12 construction of this important water and sanitary sewer project 13 to provide needed improvements to the City's water and sanitary 14 sewer systems and for other public purposes including the 15 preservation of the safety, health, comfort, and convenience, 16 and for the general welfare of the people in the City of 17 Virginia Beach: 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 2O 1. That the City Council finds there is a public 21 necessity for this sanitary sewer project, and authorizes the 22 acquisition by agreement or condemnation pursuant to Sections 23 15.2-1901, et seq., Code of Virginia of 1950, as amended, of all 24 that certain real property in fee simple, including temporary 25 and permanent easements and rights-of-way (collectmvely the 26 "Property") as may be necessary to construct the project and as 27 is shown on the plans for the project, and as ms more 28 specifically described on the acquisition plat for the project 29 (collectively the "Plans"), and the Plans are on file in the 30 Engineering Division, Department of Public Utilities, City of 31 Virginia Beach, Virginia. Such acquisition will be made only 32 after compliance with Administrative Directive 3.14 for "Public 33 Input for Public Infrastructure Projects Undertaken in the City." 34 2. That the City Manager is hereby authorized to make or 35 cause to be made on behalf of the City of Virginia Beach, to the 36 extent that funds are available, a reasonable offer to the 37 owners or persons having an interest in the Property. If 38 refused, the City Attorney is hereby authorized to institute and 39 prosecute proceedings to condemn the Property. 4O Adopted by the Council of the City of Virginia Beach, 41 Virginia, on the 12 day of Auqust , 2003 42 43 44 45 46 47 48 49 50 N,ATURE CONTENTS DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CIT~ AI~fORNEY 51 CA-8913 52 Data/aty/ordin/noncode/CA8913.ORD.doc 53 August 12, 2003 Item V-L. 4. - 36- ORDINANCES/RES OL UTIONS ITEM # 5152 7 Barbara Messner, Phone 422-1902, regtstered tn Opposttton Upon motton by Counctlman Wood, seconded by Counctl Lady Eure, City Councd ADOPTED: Ordinance to AUTHORIZE the Ctty Manager to acqutre from the GALIOTOS FAMIL Y, for pubhc purposes, property wtthtn Block 6, TOWN CENTER, attd, APPROPRIATE wtth a TRANSFER of $2,250,000 for the Town Center tnfrastructure (DISTRICT 4 - BA YSIDE) Vottng 10-1 Council Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron ,4 Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay Reba S McClanan Councd Members Absent None August 12, 2003 1 2 3 5 6 7 8 9 lO 11 AN ORDINANCE APPROVING AND AUTHORIZING FOR PUBLIC PURPOSES THE ACQUISITION FROM THE GALIOTOS FAMILY OF PROPERTY LOCATED WITHIN BLOCK 6 AT TOWN CENTER FOR $2,250,000 AND APPROPRIATING AND TRANSFERRING FUNDS TO CAPITAL PROJEC. T # 9-016, TOWN CENTER INFRASTRU:~rURE FOR SUCH PURPOSES WHEREAS, Town Center Associates, L L C (the "Town Center Developer") and 12 the Virginia Beach Development Authority (the "Authority") are developing a Central Business 13 District Project known as "The Town Center of Virginia Beach" (the "ProJect"), a mixed-use 14 commercial development utilizing the structure of an economic development park in the B-3A 15 Pembroke Central Business Core District, an area of the City of Virginia Beach which is zoned to 16 opum~ze development potential for a mixed-use, pedestrian-oriented, urban acUwty center with 17 mid- to high-rise structures that contain numerous types of uses, ~ncluding business, retail, 18 residential, cultural, educational and other public and private uses, 19 WHEREAS, Phase I of the ProJect, comprised of a 254,000 square foot office 2 0 tower, 107,000 square feet of commercial space, a 176-room hotel, a 17,000 square foot bank 21 headquarters building, a 1,278-car public parking garage, and public streets, sidewalks and 2 2 utfllnes, ~s nearing completion, 23 WHEREAS, an exhibit to the Development Agreement of The Town Center of 2 4 Virginia Beach dated as of March 6, 2000, as amended, by and between Town Center Associates, 2 5 L L C and City of Vlrgnua Beach Development Authority, related to the development of Phase I 2 6 of the ProJect, approved by City Council on February 8, 2000, pursuant to Ordinance No ORD- 2 7 2570Q designated a portion of the real property owned by the Galiotos family in Block 6 of the 2 8 Project as "Condemned Areas". 2 9 WHEREAS, pursuant to Ordinance No 2766-A adopted June 3, 2003, after finding 3 0 that Phase II of the Project will stimulate the City's economy, increase public revenues, enhance public amenities, further the City's development objectives for the Central Business District and 32 provide necessary components to further the goals contained in the City's "Gmdehnes for 3 3 Evaluation of Investment Partnerships for Economic Development", the City Council approved 34 the documents contmmng the rights and obligations of the Authority and the Developer with 35 respect to Phase II of the Project (the "Phase II Project Documents"), 36 WHEREAS, pursuant to its Resolution adopted June 17, 2003, the Authority 3 ? approved the Phase II Project Documents; 38 WHEREAS, the City of Virginia Beach supports the Authonty's financial 3 9 obligations for the Project pursuant to support agreements between the City and the Authority, 4O WHEREAS, Block 6 of the Project, comprised of a total of approximately 2 35 41 acres, ~s owned in part by the Galiotos family and in part by the Authority, though the Town 4 2 Center Developer has the option to purchase the Authority's portion of Block 6 pursuant to the 43 Phase II Project Documents, 44 WHEREAS, on behalf of the City and the Authority, the City Manager and City 4 5 staff have engaged in negotiations with representatives of the Galiotos family regarding property 4 6 owned by ~t in Block 6 of the ProJect area (the "Galiotos Property"), including development of the 4 ? Galiotos Property by the Galiotos family; the City's requirements for dedication of portions of the 4 8 Gahotos Property for streets and for other pubhc uses if developed by the Gahotos family, and the 4 9 acquisition of the Gallotos Property (or parts thereof) by the City for streets and other public uses 5 0 and the price and terms on which the Gahotos family would sell such property, 51 WHEREAS, in the opinion of the Council of the C~ty of Virginia Beach, V~rglma, a 52 pubhc necessity emsts for the acqms~uon of th~s ~mportant s~te for pubhc purposes for the 53 preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of 54 the people in the City of Virginia Beach; and 55 WHEREAS, the City Council has determined the acquisition of the Gahotos 5 6 Property to be in the best interest of the City and desirable and necessary to achieve the desired 5 ? public use 58 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 5 9 VIRGINIA BEACH, VIRGINIA, 60 1. That the City Council authorizes the acqmsluon for public purposes of 61 the Gahotos Property, by purchase, which Property is described and depicted on Exhibit A 62 attached hereto. 63 2. That the City Manager or h~s designee is authorized to execute on behalf 6 4 of the C~ty of V~rgima Beach, an Agreement of Sale for the purchase of the Gahotos property, for 65 the sum of $2,250,000 and in accordance w~th the terms contained in the Summary of Terms 6 6 attached hereto as Exhibit B. 67 3 That $1,700,000 of the net original ~ssue premium earned by the C~ty in 6 8 connection w~th the ~ssuance of its $50,000,000 General ObhgaUon Public Improvement Bonds, 6 9 Series of 2003A is hereby appropriated to Capital Project # 9-016, Town Center Infrastructure 7O 4 That the remmmng acqms~Uon price of $550,000 ~s hereby transferred 71 from Capital ProJect # 9-038, Economic Development Infrastructure ProJects, to Capital ProJect # 72 9-016, Town Center Infrastructure. 7 3 Adopted by the Councd of the C~ty of Vlrgima Beach, Virginia, on the 1 2 74 day of August , 2003 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 CA-8946 August 12, 2003 F \Data\ATY\Forms\Commerclal ProJects\Town Center\Block 6 Performing Arts Ord Draft B2 doc AP.P_~OVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY. City Attorney ~.J EXHIBIT A Property Description PARCEL ONE ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being an the City of Virginia Beach, Virginia, and being known, numbered and designated as Lots 21, 22, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44, in block Thirty-one (31), as shown on the plat entitled Sunny Brook, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 5, at page 201. IT BEING the same property conveyed to Anthony Gahotos and June A. Gallotos, husband and wife, by deed dated April 23, 1981 from William Beasley aka W E Beasley and Emily V Beasley, husband and wife, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2114, page 758 Corrected to change name from June A Gallotos to Irene A Gahotos and re-recorded in Deed Book 2117, page 608 PARCEL TWO' ALL THOSE certain lots of land, with any buildings and improvements thereon, and all appurtenances thereunto belonging, situate in the City of Virginia Beach, Virginia, known, numbered and designated as Lots 18, 19, and 20, in Block 31, as shown on that certain plat entitled "PLAT OF A PORTION OF SUNNY BROOK (M B 5, P. 201) FOR EIGEN PROPERTIES, BAYSIDE BOROUGH - VIRGINIA BEACH, VIRGINIA" Scale 1" = 100', dated June, 1975, made by Marsh and Basgler, Inc, P C Engineers-Surveyors-Planners, 101 North Plaza Trail, Virginia Beach, Virginia, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, In Map Book 110, at page 12. IT BEING the same property conveyed to Anthony Gahotos and Irene Gallotos, husband and wife, by Deed of Exchange dated May 30, 1979 from EPCO PEMBROKE ASSOCIATES, a Virginia hmlted partnership, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, V~rglnia in Deed Book 1906 at page 720 PARCEL THREE ALL THOSE certain lots, pieces or parcels of land, situate, lying and being in the City of Virginia Beach, Virginia, as shown on the "PLAT OF SUNNYBROOK" duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at page 201, being that portion of the southern one-half of "POTOMAC STREET" which lies between the western right-of-way line of "FOURTH STREET" (now Garrett Drive) and the extension in a northerly direction of the western boundary linc of Lot 16, in Block 31, together with that portion of the northern one-half of "CLEVELAND STREET" which lies between the western right-of- way hne of "FOURTH STREET" (now Garrett Drive) and the extension in a southerly direction of the western boundary line of Lot 35, in Block 31 IT BEING the same property conveyed to Tasos A Gahotos by Deed dated October 3, 2000, and recorded in the Virginia Beach Circuit Court Clerk's Office in Deed Book 4306, at page 1185 EXHIBIT B SUMMARY OF TERMS AGREEMENT FOR THE PURCHASE OF THE GALIOTOS PROPERTY OWNER: Anthony & Irene Gahotos and Tasos A. Gahotos (Street Parcels- a port~on of Potomac Street and a port~on of Cleveland Street). BUYER: City of Virginia Beach SALE PRICE: $2,250,000.00 ($100,000.00 for Street Parcels and $2,150,00.00 for balance o f property) DEPOSIT: $100,000.00 payable to Escrow Agent upon execution of Agreement of Sale by all parties STUDY PERIOD: Until August 15, 2003 SETTLEMENT DATE: Five (5) days after the expiration of the Study Period. OTHER TERMS AND CONDITIONS: City shall bear cost of obtmmng the t~tle report and all other closing costs associated with settlement ~nclud~ng all recording costs, except grantor's tax, and transfer taxes, and all t~tle insurance premiums and ~ts own attorneys' fees and costs. Seller shall prepare the deed conveying t~tle to the property and shall pay all expenses of preparation of the deed, the grantor's tax and ~ts own attorneys' fees and costs. If settlement ~s not effected due to default of Seller, the C~ty shall have the right to receive return of ~ts deposit or to seek specffic performance. If settlement ~s not effected due to default of the C~ty, Seller shall have as ~ts sole remedy, the right to retain the deposit as hquidated damages. F \Users\VValldej\WP~BZA\Gahotos sum wpd Item V-L. 5. -37- ORDINANCES/RES OL UTIONS ITEM # 51528 Upon motton by Vtce Mayor Jones, seconded by Counctlman Maddox, Ctty Councd ADOPTED: Or&nance to AUTHORIZE the City Manager to execute an Agreement with Southeastern Public Service Authority (SPSA) for the operatton of a "Whtte Goods" recychng facthty and a Lease Optton for a "Yard Waste " facthty at Landfill II Vottng 11-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Councd Members Vottng Nay None Councd Members Absent None August 12, 2003 1 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY FOR THE OPERATION OF THE APPLIANCE ("WHITE GOODS") RECYCLING FACILITY AND A LEASE OPTION FOR A COMPOST/MULCH FACILITY AT LANDFILL II WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 10 parcel of land located at 1989 Jake Sears Road m Virginia Beach, Virginia and known as Landfill 11 II, 12 WHEREAS, pursuant to Virginia Code § 15 2-5148, the City and the Southeastern 13 Public Service Authority ("SPSA") entered into a lease dated September 26, 1990, (the "1990 14 Lease") of approximately nine acres at Landfill II for use by SPSA for the construction and 15 operation of a compost/mulch (yard waste) processing facility, 16 WHEREAS, SPSA proposes to consolidate at Landfill II its existing compost/mulch 17 processing facility leased under the 1990 Lease with its facility located in the City of Suffolk, 18 Virginia, 19 WHEREAS, to effect the proposed consolidation in the future, SPSA desires an 2 0 option to enter into a new lease with the City for the consolidated compost/mulch processing facility 21 at Landfill II consisting of approximately 48 acres (the "Property") as shown on Exhibit A attached 2 2 hereto, 23 WHEREAS, SPSA also desires to assume the operation of the "White Goods" 2 4 recycling facility at Landfill II at no cost to the City, and 24 WHEREAS, SPSA and City staff worked with the City Attorney to draft an 2 5 agreement and an option to lease which sets forth the responsibilities and obhgat~ons of the parties 26 upon terms and conditions mutually agreeable to all parties 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 That the City Manager is hereby authorized to execute an agreement with SPSA for 30 the operation of the "White Goods" recycling facility at Landfill II and a lease option between SPSA 31_ and the C~ty for approximately 48 acres of land at Landfill II in accordance w~th the Summary of 32 Terms attached hereto 33 Adopted by the Council of the City of Vlrglma Beach, Vlrglma, on the 12 day of 3 4 __.A_u_g_us_t ,, 2003 CA-8519 F \Users\VValIdej\WP\BZA\SPSA ordl wpd R-5 07/! 7/03 APPROVED AS TO CONTENT Department of Pubhc 7vprks APPROVED AS TO LEGAL up cY Department of Law I I I I m o. I I N 18'41'56" w 59.30' I I I 1454-6q-1854 1455-50-3682 D.B. 225q Pg. 1q26 D. 8. 2256 PG. 666 ~ 1454-6q-3850 _ _L N 57"16'52" W N 53"08'10" W N 57'~6'52" ~ 145.15' NOW OR FORHERLY DRAGAS ASSOCIATES D. B. 4261 PG. 193~ D, B, 453~ PG. 181~ M. B. 3~6 PG. 58 & 5~ 1454-5~-5748 LEGEND PIN (FOUND) CORNER (NOT SET) GRAPHIC SCALE 3O0' EXHIBIT A PARCEL OF LAND TO BE LEASED TO SOUTHEASTERN PUBUC SERVICE AUTHORfl7 OF VIRGINIA (SPSA] THE CITY OF VIRGINIA BEACH VIRGINIA BEACH, VIRGINIA ENGINEERING DIVISION m m DEPARTMENT OF PUBUC WORKS CITY OF VIRGINIA BEACH~ VIRGINIA DATE: JULY 15, 2002 J JSCALE: 1"=300' J J DRAWN BY: JAL J J FIELD BOOK: FILE: VERTICAL ("K'" FOLDER) SUMMARY OF TERMS AGREEMENT FOR THE OPERATION OF "WHITE GOODS" RECYCLING FACILITY AND LEASE OPTION FOR THE USE OF 48 + ACRES AT LANDFILL II LESSOR: City of Virginia Beach. LESSEE: Southeastern Public Service Authority (SPSA) PREMISES: Approximately 48+ acres of land at Landfill II. TERM: Initial term for the operation of the "White Goods" recycling facility is for two years. IfSPSA exercises the option to lease the property for the compost/ mulch area, the operation of the "White Goods" recycling facility shall continue in accordance with the term of the lease. As to the Lease, the term shall be from the date of SPSA's written notice to the City to exercise the lease option until June 30, 2010 with additional renewal terms of up to 5 years each. Any such renewal shall be at the sole discretion and option of the City. RENT: Ten Dollars per year for the initial term and any renewal term thereof. RIGHTS AND RESPONSIBILITIES OF SPSA UNDER THE AGREEMENT: Will assume the responsibility for the operation of the white goods (appliances) recycling area at no cost to the City. IF SPSA EXERCISES THE LEASE OPTION: Will use the Premises for the construction and operation of a compost/mulch processing facility (the "Facility") and no other purpose. Additionally, the hours of operation of the Facihty shall be set and supervised by the City. Will construct the Facility and obtain all permits required at its sole cost and expense. However all construction plans must be submitted to the City for review and approval prior to the initiation of any construction of improvements. All ingress and egress to the Premises shall be by means of Jake Sears Road. Will terminate the current 1990 Lease upon final completion and commencement of operation of the new Facility and shall vacate such premises in accordance with the terms and conditions of the 1990 Lease. Will pay the City the sum of $81,691.00 in full and complete settlement and satisfaction of all unpaid amounts previously invoiced by the City under the Ash and Residue Agreement between the C~ty and SPSA. Th~s payment shall be made by SPSA concurrently w~th the execution of this lease As a condition of the City's site plan approval of the new facility, SPSA will construct a buffer of trees/shrubbery of at least 50 feet around the perimeter of the facility on all areas that are not adjacent to the landfill operation. Will maintain and perform any and all necessary repairs and replacements to the Premises. Will indemnify the City for any and all claims arising from SPSA's use and occupation of the Premises, including any and all adverse environmental conditions caused by SPSA. RIGHTS AND RESPONSIBILITIES OF CITY: Will inspect the Premises for compliance w~th the terms of the Lease and all state, local and federal laws, statutes, ordinances and regulations. TERMINATION: The City is not required to renew either the Agreement or the Lease after its ~mtial term. After 2018, the City may terminate at any time for any reason with 24 months written notice to SPSA. F \Us~s\WalIdej\WIARZA~SPSAJs~ sum wpd Policy Report I I BACKGROUND The Southeastern Public Service Authority (SPSA) is the regional solid waste disposal agency created ~n the 1980's to handle the solid waste for Norfolk, Portsmouth, Chesapeake, Suffolk, V~rg~n~a Beach, Frankhn, and the counbes of Isle of Wight and Southampton On August 8, 1984, V~rgin~a Beach and the Southeastern Pubhc Service Authority (SPSA) entered into two agreements One was an agreement for "Use and Support," which was executed by all e~ght SPSA member commun~bes It was ~ntended to provide a bas~s for SPSA to obtain financing to construct the regional waste disposal facihties, begin processing solid waste, and to assure that adequate quanbbes of waste are available to pay for operabng costs and debt service It expires on January 24, 2018 The second agreement was for "Disposal of Ash and Residue" Th~s agreement provides for SPSA to d~spose of up to 300,000 tons of ash and residue, from the Refuse Derived Fuel Plant ~n Portsmouth, at the Virginia Beach Landfill II. The agreement required SPSA to reimburse V~rg~n~a Beach for the purchase of 153 acres of land in the 1980's to be used for disposal of the ash and residue Other significant provisions of the agreement allow for V~rg~n~a Beach to d~spose of 5% of the waste collected by the C~ty and City contractors without charge, and for a predetermined cap on the hpping fees paid each year dunng the term of the agreement The agreement expires December 31, 2015, at which bme the benefits of the capped tipping fee and operating cost reimbursement will expire The 5% free d~sposal is also a prows~on of the Use and Support Agreement, so V~rg~nia Beach w~ll receIve this benefit at least through January 24, 2018 In July 1997, SPSA nobfied the City that they would no longer be dehvenng ash and residue to Landfill II They decided to dispose of it in the Regional Landfill However, a provision of the agreement states, "The Authority agrees to make such payments to V~rg~n~a Beach (operabng and cap,tal, costs) ~rrespecbve of whether the Authority makes use of the Landfill " SPSA currently leases 9 acres of property at Landfill II for a yard waste mulching fac~hty for $10 per year. The material is processed and dehvered to the Regional Landfill to create compost for sale Compost ~s dehvered back to Landfill II for sale to residents and businesses CONSIDERATIONS · Operational/Maintenance: SPSA ~s cons~denng consohdabng the mulch fac~hty at Landfill II and the compost fac~hty at the Regional Landfill ~nto one s~te at Landfill II SPSA has asked for a Lease Ophon for approximately 48 acres it will need at Landfill II It w~ll provide SPSA the opportunity to begin planning for an expansion of the Regional Landfill, reduce operabng costs, and w~ll eliminate the need to locate and purchase another site A photograph showing the area is attached SPSA has offered the following considerations SPSA w~ll abandon the ex~sbng 9-acre mulch fac~hty for V~rg~n~a Beach to use as appropriate SPSA w~ll take over operahon of the "White Goods Program" at no cost to the C~ty It requires that appliances that are delivered to Landfill II by the City and others be recycled. All freon ~s extracted from refrigerators and a~r conditioners to comply w~th the Federal Clean A~r Act SPSA will design the fac~hty to assure adequate buffers w~ll be ~n place for noise control and aesthetic buffenng We w~ll be requiring a minimum of a 50' buffer of trees/shrubbery on the perimeter of the s~te that ~s not d~rectly adjacent to the Landfill operabon SPSA uses an environmentally safe chemical agent to control odors ~n the compost operation · Land for future phases cleared by SPSA · Internal roads ~mproved by SPSA The annual trips of SPSA tractor-tra~lers over V~rgln~a Beach roads will be reduced by 2,691, or 53% V~rg~n~a Beach w~ll continue to have a d~sposal Iocahon ~n the western part of the C~ty to dehver yard waste. · Organizational: The fac~hty w~ll be located on the proposed Phase 2B and Phase 3 expansion areas that w~ll not be needed by the C~ty until after 2018 SPSA will coordinate all wetlands ~ssues w~th the V~rg~n~a Department of Environmental Quahty (DEQ) and the appropriate Federal agencies · Wetlands ~ssue for future phases w~ll be resolved · Recognition as regional partner to other SPSA members · Legal: The City Attorney has reviewed the Agreement and prepared the attached ordinance · Budgetary: · SPSA w~ll pay all costs for construction and operation of the facility SPSA w~ll pay $81,691 to the C~ty for past due amounts ~n dispute SPSA w~ll take over the operation of the White Goods Program at no cost to the City that was prewously contracted $160,000 was reallocated ,n the 2003/2004 Budget as a result of SPSA performing th~s work at no cost to the C~ty · SPSA will pay all costs for construcbon and operabon of the Compost/Mulch Fac~hty PUBLIC INFORMATION Public notihcatlon w~ll be through the normal agenda process SPSA w~ll follow all requirements for public notification, including any pubhc heanngs that may be required by the Department of Enwronmental Quahty. Th~s project was presented to CBN ~n a meeting on June 28, 2002, with the Waste Management Adm~mstrator, SPSA D~rector of Operations, and the CBN D~rector of F ac~hbes Management He had on objections w~th th~s project. ALTERNATIVE COURSE OF ACTION Adopt the proposed ordinance to authorize the C~ty Manager to execute an Agreement and Lease Option w~th SPSA for approximately 48 acres at Landf~ll II for the proposed compost/mulch facility V~rgin~a Beach can conbnue under the current Ash and Residue Agreement through 2015 However, SPSA has ~ndicated that they w~ll be consohdat~ng the mulch and compost operations to another s~te somewhere ~n the Region ,f the V~rg~ma Beach site ~s not available RECOMMENDATIONS Adopt the Ordinance to authorize the City Manager to execute the Agreement of Lease w~th SPSA Prepared by Reviewed by Approved by Item - 38- ORDINANCES/RES OL UTIONS ITEM tt 51529 Upon motton by V~ce Mayor Jones, seconded by Counctlman Maddox, Ctty Council ADOPTED: Resolutton to A UTHORIZE the Ctty Manager to execute a WorktngAgreement re Hampton Roads Comprehensive Regional Information Management and Exchange System (CRIMES) wtth Chesapeake, Hampton, James Ctty County, Newport News, Norfolk, Poquoson, Portsmouth, Smtthfield, Suffolk, York County and Wtlhamsburg Votmg II-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Councd Members Absent None Augustl2, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORKING AGREEMENT FOR THE HAMPTON ROADS COMPREHENSIVE REGIONAL INFORMATION MANAGEMENT AND EXCHANGE SYSTEM (CRIMES) BETWEEN THE CITY OF VIRGINIA BEACH AND CHESAPEAKE, HAMPTON, JAMES CITY COUNTY, NEWPORT NEWS, NORFOLK, POQUOSON, PORTSMOUTH, SMITHFIELD, SUFFOLK, YORK COUNTY, AND WILLIAMSBURG WHEREAS, Code of Virginia § 15.2-1300 allows local governments to enter into agreements for the joint exercise of powers; WHEREAS, each of the parties hereto desire to maintain a formal communications network among all participating jurisdictions; WHEREAS, it is recognized that developing a regional criminal justice information system utilizing current technology and tools will facilitate in keeping the system functioning at a level that continues to meet the needs of the criminal justice user environment; and WHEREAS, Virginia Beach, and the other participating jurisdictions are cognizant of the benefits which they will derive by way of improved efficiency and effectiveness gained by having access to accurate, dependable and timely information. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the accompanying Working Agreement for the Hampton Roads Comprehensive Regional Information Management and Exchange System (CRIMES) is hereby approved, and the City Manager is hereby 29 30 31 32 33 34 authorized and directed to execute said agreements on behalf of the City of Virginia Beach. A summary of the material terms for the agreement is attached hereto and a true copy of the agreement is on file with the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the 12 day of auau~ , 2003. CA-8969 ordin/noncode/CRIMES, res R-1 August 1, 2003 APPROVED AS TO CONTENT' APPROVED AS TO LEGAL SUFFICIENCY' City 3,.t~.tor~'ey' s Office SUMMARY OF TERMS . . . . . . Scope - To operate a regional criminal justme information system. CRIMES - A working agreement for the Hampton Roads Comprehensive Regional Information Management and Exchange System. Definitions - A. Participating Member - Duly appointed representatives of the participating jurisdictions empowered with voting fights. B. Participating Jurisdiction - A city, county, or town that enters into the Agreement for the Comprehensive Regional Information Management and Exchange System (CRIMES). Participating jurisdictions will have voting representatives with voting rights and wall fully share in the costs of using, maintaimng and upgrading the system. C. Fiscal Year - the twelve-month period beglnmng July 1 and ending June 30 of the succeeding calendar year. Termination - CRIMES may be dissolved at anytime by agreement of the governing bodies of all the participating members. Partmipating jurisdictions may withdraw from CRIMES if required funds are not appropriated by the City Council, however, written notifications shall be sent to the CRIMES Board no later than January 1 st of the fiscal year in which the partmipating jurisdiction intends to withdraw. Insurance - The CRIMES Board of Directors shall hold general liability insurance ~n an amount not less than two million dollars ($2,000,000) for the protection of its participating members, officers, employees and the participating jurisdictions, their employees and their officers. Powers of the Board of Directors- A. To oversee and direct the development of CRIMES to include decisions regarding all technical and functional issues and costs as well as the application of resources and funding toward these goals. g. To promulgate each year a schedule of fixed costs for maintenance of CRIMES, ~ncluding equipment and basic staff, and of variable costs of operation depending on the number of active participants and any additional developmental costs. C. To determine additional participating jurisdictions and user groups and the terms and conditions applicable to their participation and the expansion of CRIMES. D. To designate one of the participating jurisdictions to serve as fiscal agent. E. To approve contracts to be entered into by its fiscal agent. Fo To designate a "Project Manager" to serve as the day-to-day project coordinator. This person ill be an employee of one of the participating jurisdictions. , Operating Expenses - The City will be responsible for twenty-five percent (25%) of the total cost divided equally among all participating junsdmtions. The remmnder of the costs will be divided by a percentage based on population figures provided by VaStat. Item V-L. ?. - 39- ORDINANCES/RES OL UTIONS ITEM # 5153 0 Upon motton by Vtce Mayor Jones, seconded by Counctlman Maddox, Ctty Counctl ADOPTED: Or&nance to AUTHORIZE a temporary encroachment tnto porttons of the City's rtght-of-way by DA VID H. and JEAN H. KLEIN for mamtenance o fan extsttng bulkhead and replacement of detertorated bulkhead wtth rtp-rap and sand tn Kempes Lake at 204 Oakengate Turn (DISTRICT 2 - KEMPSVILLE) The followtng condtttons shall be reqmred The temporary encroachment shall be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Virginia and the City of Vtrgtnta Beach and tn accordance with the City's specifications and approval as to size, ahgnment and location The temporary encroachment shall termtnate upon notice by the City to the Grantee and, wtthtn thtrty (30) days after such notice rs gtven, the temporary encroachment must be removed from the encroachment area by the Grantee and the Grantee will bear all costs and expenses of such removal The Grantee shall tndemmfy and hold harmless the City, its agents and employees from and against all clatms, damages, losses' and expenses, including reasonable attorney's fees tn case tt shall be necessary to file or defend an action arising out of the locatton or extstence of the temporary encroachment 4 Nothtng heretn contatned shall be construed to enlarge the permission and authortty to permtt the maintenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent spectfied heretn, nor to permit the matntenance and construction of any encroachment by anyone other than the Grantee 5 The Grantee agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard 6 The Grantee agrees to obtatn a permtt from the Office of Development Servtces Center/Planntng Department prtor to commenctng any constructton 7 The Grantee agrees, that prtor to tssuance ofa rtght-of-way permtt, they must post surettes, tn accordance wtth thetr engtneer's cost esttmate, to the Office of Development Servtces Center/Planntng Department August 12, 2003 - 40- Item V-L. 7. ORDINANCES/RESOLUTIONS ITEM # 51530 (Continued) The Grantee shall obtatn and keep tn force all rtsk property tnsurance and general habthty or such msurance as ts deemed necessary by the Ctty, and all insurance pohctes must name the City as addtttonal named insured or loss payee, as apphcable The Grantee must also carry comprehensive general habthty insurance tn an amount not less than Five Hundred Thousand Dollars ($500, 000), combtned single hmtts of such tnsurance pohcy or pohctes The Grantee must provtde endorsements provtdtng at least thtrty (30) days' wrttten nottce to the Ctty prtor to the cancellatton or termtnatton of or matertal change to, any of the insurance pohctes The Grantee assumes all responstbthttes and habthttes, vested or conttngent, wtth relatton to the temporary encroachment The Grantee must submtt for revtew and approval, a survey of the encroachment area, certtfied by a regtstered professtonal engineer or a hcensed land surveyor, and/or "as budt" plans sealed by a regtstered professton engtneer, tf requtred by etther the Ctty Engtneer's Office of the Engtneertng Dtvtston of the Pubhc Works Department 10 The City, upon revocation of such authority and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the Grantee and collect the cost tn any manner provtded by law for the collectton of local or state taxes, may requtre the Grantee to remove such temporary encroachment, and, pendtng such removal, the Ctty may charge the Grantee for use of the encroachment area, the equtvalent of what would be the real property tax upon the land so occupted tf tt were owned by the Grantee, and tf such removal shall not be made wtthtn the ttme specoqed by the Ctty, the Ctty shall tmpose a penalty tn the sum of One Hundred Dollars ($100 00) per day for each and every day that such temporary encroachment ts allowed to continue thereafter, and, shall collect such compensatton and penalttes tn any manner provtded by law for the collectton of local or state taxes Vottng 11-0 (By Consent) Councd Members l/'ottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Ron A Vdlanueva, Peter W Schmtdt, Rosemary Wdson and James L Wood Counctl Members Vottng Nay None Councd Members Absent None August i2, 2003 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF KEMPES LAKE, BY DAVID H. KLEIN AND JEAN H KLEIN, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, David H. Klein and Jean H. Klein desire maintain an exisbng bulkhead and ~nstall rip-rap and sand within the City's public place located at the rear of 204 e Oakengate Turn. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15 2- 07, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the C~ty's pubhc places subject to such terms and conditions as Council may prescribe. 12 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 14 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, David H. Kle~n and Jean H. Klein, their heirs, assigns and successors ~n title are authorized to construct and maintain a temporary encroachment for maintenance of an existing bulkhead and ~nstallation of rip-rap and sand in Kempes Lake as shown on the map entitled' "PLAN VIEW FOR JEAN H. KLEIN 204 OAKENGATE TURN VA. BEACH, VA 23462 EXHIBIT A" a copy of which is on file in the 2 0 Department of Public Works and to which reference is made for a more particular description; 21 and 22 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 23 24 subject to those terms, conditions and criteria contained ~n the Agreement between the City of Virginia Beach and David H. Klein and Jean H. Klein (the "Agreement"), which is attached 25 hereto and ~ncorporated by reference; and 26 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 27 ~s hereby authorized to execute the Agreement; and 28 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 29 time as Dawd H. Klein and Jean H. Klein and the City Manager or his authorized designee 30 execute the Agreement. 31 Adopted bytheCounciloftheCityofVirginiaBeach, Virginia, onthe 1 2 day 32 of August ,2003. 33 34 35 36 37 38 39 40 41 42 43 44 CA- PREPARED 6/26/03 PDEJESU/DKLEIN/ORD APPROVED AS TO LEGAL SUFF I C I ENCY FORM CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58 1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this o~*~'day of ~-c,, rye. ,20 0,3, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and DAVID H. KLEIN AND JEAN H. KLEIN, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 50akengate Subdivision, Kempsville District" and being further designated and described as 204 Oakengate Turn, Virginia Beach, Virginia 23462; WHEREAS, it is proposed by the Grantee to constmct and maintain an existing bulkhead and proposed rip-rap and sand fill, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Kempes Lake "The Temporary Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee GPIN 1467-60-4803 permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "Plan View for: Jean H. Klein 204 Oakengate Turn Va Beach Va 23462," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and iexpenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department, if applicable. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Works Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, David H. and Jean H. Klein, the said Grantees have caused this Agreement to be executed by their signatures and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAI0 ATTEST: City Clerk David H. Klein STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 20,., by ., CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrumem was acknowledged before me this ~day of 20.. , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF '~/r~/r//~ CITY/coUN~tY'OF .~r',~'~',a.._~i~te-~, to-wit: The foregoing instrument was acknowledged before me this c?~day of~ J. ,200__~, by David H. Klein. CITY/COUNTh?'OF t~//,~)~/a ~a~ to-wit: The foregoing instrument was acknowledged before me this o,P~ay of__ 200___~ by Jean H. Klein. My Commission Expires: Notary Public APPROVED AS TO LEGAL SUFFIC~Y CITY ATtORNeY ~ APPROVED AS TO CONTENT iTY REAL ESTATE AGENT Rev 07-24-02 2_,) A Po _ ! 00' JR PROPERTY o · i CITY OF v, zl- APPLICnTION BY SHEET~ OF~ DATE (EMPES LAKE LOCATION MAP FOR ENCROACHMENT AT 204 OAKENGATE TURN SCALE: 1" = 200' OAKENGATE DGN M J S PREPARED BY P/W ENG CADD DEPT JUNE 4, 2003 Item V-L. 8. - 41 - ORDINANCES/RES OL UTIONS ITEM # 51531 Martlyn Danner, 2601 West Lan&ng Road, Phone 426- 7390, requested tnformatton relattve the fundtng and benefits dared Brandwetn, Refuge Manager - Back Bay Nattonal Wtldhfe Refuge, 4005 Sandpiper Road, Phone 721-2412 This ts a cooperattve program between the City and Federal Government Upon motton by Counctlman Reeve, seconded by Counctlman Schmtdt, Ctty Counctl ADOPTED: Or&nance to estabhsh a Capttal Improvement ProJect (CIP) re Back Bay Waterway access tmprovements, ACCEPT and APPROPRIATE a $150,000 federal grant, and AUTHORIZE the Ctty Manager to execute a Cooperattve Agreement for an access facthty Vottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce MayorLouts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Votlng Nay None Counctl Members Absent None Augustl2, 2003 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ESTABLISH CIP PROJECT #4-043, BACK BAY WATERWAY ACCESS IMPROVEMENT, TO ACCEPT AND APPROPRIATE A $150,000 FEDERAL GRANT TO THIS PROJECT, AND AUTHORIZE A COOPERATIVE AGREEMENT FOR AN ACCESS FACILITY WHEREAS, the City of Virginia Beach ("City") received a 11 $150,000 federal grant from the U. S. Fish and Wildlife Service 12 to design and construct a waterway access facility in the Back 13 Bay Wildlife Refuge; and 14 WHEREAS, the Virginia Beach Outdoors Plan 2000 Update 15 identified two properties owned by the U. S. Fish and Wildlife 16 Service, including Horne Point, as potential sites for waterway 17 access. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA- 20 1. That CIP Project #4-043, Back Bay Waterway Access 21 Improvements, is hereby established. 22 2. That a $150,000 grant is hereby accepted from the U.S. 23 Fish and Wildlife Service and appropriated to CIP Project #4- 24 043, Back Bay Waterway Access Improvements, with estimated 25 federal revenue increased accordingly. 26 3. That the City Manager is hereby authorized to execute 27 a Cooperative Agreement between the U. S. Fish and Wildlife 28 Service and the City for access improvements at Horne Point. 29 Adopted by the Council of the City of Virginia Beach, 30 Virginia on the 12 day of August, 2003. 31 32 CA8963 33 Data/aty/ordin/noncode/usfws ORD.doc 34 R-3 35 July 24, 2003 36 37 38 Approved as to Content 39 42 Department of Managem~ht 43 Services / Approved as to Legal Sufficiency Department of ~-w ' ' SUMMARY OF TERMS COOPERATIVE AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE U.S. FISH AND WILDLIFE SERVICE FOR THE CONSTRUCTION OF A WATERWAY ACCESS FACILITY AT HORNE POINT IN BACK BAY PROJECT LOCATION: PROJECT FUNDING: Home Point in the Back Bay Wildlife Refuge $150,000 federal grant to be provided to the City by the USFWS TERM: F~ve years, but may be extended by mutual consent. The Agreement may also be terminated by either party with 30 days prior written notice. RESPONSIBILITIES OF THE CITY: Provide and coordinate construction activities, engineering and contract services, and provide in-kind servtces to be determined on a project-by- project basis. RESPONSIBILITIES OF USFWS: Provide funding for the ProJect and momtor construction activities to ~nsure consistency with site plans. SPECIAL TERMS AND CONDITIONS: If Project costs exceed the $150,000 grant, the Agreement wall be contingent upon Congress making an appropriation for such additional expenditures. If the City ~s requested to provide funds to cover such excess costs, the Agreement ~s conditioned upon City Council appropriating such funds. In the event e~ther appropriation is not made by either party, the parties release each other from all liability for fmlure to perform due to failure to make such appropriation. City of Virginia Beach, Virginia Draft Project Project # and T~tle: 4-043 Back Bay Waterway Access Improvements Responsible Dept.: Undefined I Business Area :Undefined Total Total Budget Ur~a_o=ror)'lated Subsenuent Years Future Programmed Appropriations Year i Year 2 Year 3 Year 4 Year 5 Year 6 Funding Funds To Date FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 FY 2007-08 FY 2008.09 Requirement 150,000 0 150,000 0 0 0 0 0 0 Th~s project ~s to prowde the procurement of design and construction serwces for the development or renovation of facd~t~es located on properties owned by the U S F~sh and Wildlife Services (USFWS) primarily related to the Back Bay Wddhfe Refuge The project ~s supported by Federal Funding and managed through a Cooperatwe Agreement between USFWS and the C~ty of Virginia Beach The first phase of ~mprovements to be budt by th~s project ts waterway access ~mprovements (parking and access road) at Horne Point, property owned by USFWS m Virg~ma Beach The U S F~sh and Wddhfe Serwce has an extensive amount of properties m the City of V~rg~ma Beach which prowde wddhfe habitats, natural area preservabon, and recreational amembes The USFWS and the C~ty have partnered to prowde improvements whmh have considerable benefits to residents and ws~tors to V~rgm~a Beach Th~s project prowdes the funding source for the improvements which are built by the C~ty of V~rgmla Beach with the support of Federal funding Th~s project was new m August 2003 Basis for Estimate FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 0 0 o 0 o 0 Activity From - To Amount Fundino Source Amount Construcbon 09/03-06/04 15o_o0o Total Programmed Financing 0 Total Budgetary Cost Estimate 150,000 Future Funding Requirements 150,000 Total Non-Programmed Costs 0 Total Programmed Costs 150,000 Fiscal Year 2003-04 I Parks and Recreation · · / · I / · / t / · / ! / ! /' 31L ._~ / / / / ! ~ / / / ! / / / // // / / / / Item V-L. 9. - 42 - ORDINANCES/RES OL UTIONS ITEM # 51532 Attorney Kevtn Marttngayle, 2101 Parks Avenue, Sutte 801, Phone 589-2224, represented four (4) pubhc safety unions and spoke tn OPPOSITION Barbara Messner, Phone 422-1902, regtstered tn OPPOSITION to the Ctty Manager's and Ctty Attorney 's compensatton tncreases Upon motton by Counctl Lady Wtlson, seconded by Councilman Wood, Ctty Counctl ADOPTED: Ordtnances authortztng compensatton tncreases effecttve on anntversary dates for City Council Appointees a Ctty Manager b Ctty Attorney c Ctty Assessor d Ctty Clerk Vottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, ./tm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 12, 2003 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY MANAGER WHEREAS, City Council has evaluated the performance of the City Manager; and WHEREAS, based upon this evaluation, City Council has determined that an increase in the City Manager's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That effective December 1, 2003, the salary of the City Manager is hereby increased from $173,052.00 annually to $179,368 annually; that, effective July 1, 2003, the City's contribution to the City Manager's deferred compensation plan is hereby increased from $11,000 annually to $14,000 annually; that the car allowance of the City Manager remains $10,000 annually; and further, that effective September 1, 2003, the City will pay up to $2,684 on behalf of the City Manaqer in premiums for lonq term care insurance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of August , 2003. CA-8977 ORDIN\NONCODE\salarymanager.wpd August 8, 2003 RI AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY ATTORNEY 10 11 12 13 14 15 16 WHEREAS, City Council has evaluated the performance of the City Attorney; and WHEREAS, based upon this evaluation, City Counci'l has determined that an increase in the City Attorney's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That effective November 1, 2003, the salary of the City Attorney is hereby increased from $156,828 annually to $169,368 annually; that, effective July 1, 2003, the City's contribution to the City Attorney's deferred compensation plan is hereby increased from $11,000 annually to $14,000 annually; and further, that the car allowance of the City Attorney remains $6,000 annually. 17 18 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of Auqust , 2003. CA-8976 ORDIN\NONCODE\salaryattorney.wpd August 8, 2003 R1 10 11 12 13 14 15 16 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY REAL ESTATE ASSESSOR WHEREAS, City Council has evaluated the performance of the City Real Estate Assessor; and WHEREAS, based upon this evaluation, City Council has determined that an increase in the City Real Estate Assessor's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That effective March 1, 2004, the salary of the City Real Estate Assessor is hereby increased from $91,285 annually to $97,315 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of Auqust , 2003. CA-8978 ORDIN\NONCODE\salaryassessor. wpd R-1 August 8, 2003 R1 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY CLERK 10 11 12 13 14 15 16 WHEREAS, City Council has evaluated the performance of the City Clerk; and WHEREAS, based upon this evaluation, City Council has determined that an increase in the City Clerk's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That effective November 16, 2003, the salary of the City Clerk is hereby increased from $75,710 annually to $80,710 annually, and the City Clerk's car allowance remains $4,200 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 , 2003. day of August 17 18 19 20 CA-8979 ORDIN\NONCODE\salaryclerk.wpd August 8, 2003 RI Item V-L. 10. - 43 - ORDINANCES/RES OL UTIONS ITEM # 51533 Upon motton by Vtce Mayor Jones, seconded by Councdman Maddox, Ctty Counctl ADOPTED: Ordtnance to ACCEPT and APPROPRIATE a $95,806 Federal grant and $245,342from other sources tn the Department of Community Services for Mental Health, Mental Retardatton, and Substance Abuse (MH/MR/SA) spectal revenue to fund enhanced servtces to thetr chents Vottng 11-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Loms R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 12, 2003 l0 AN ORDINANCE TO ACCEPT AND APPROPRIATE $95,806 IN FEDERAL GRANT FUNDS AND APPROPRIATE $245,342 FROM OTHER FUNDING SOURCES IN THE IvIH/IVIRJSAS SPECIAL REVENUE FUND TO THE FY 2003-04 OPERATING BUDGET OF THE IvIH/MRJSAS DEPARTMENT TO PROVIDE INCREASED SERVICES TO CLIENTS WHEREAS, the Virginia Beach Department of Mental Health, Mental Retardation, and 11 Substance Abuse Services ("MH/MRJSAS") has $341,148 in funding available that may be 12 appropriated by the City Council to provide enhanced services to clients 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA 15 1 That $91,406 in federal grant funding is accepted and appropriated to the FY 16 2003-04 Operating Budget of the MH/MR/SAS Department to provide in-home services for 17 families referred from the Juvenile and Domestic Relations court 18 2 That $4,400 in federal grant funding is accepted and appropriated to the FY 2003- 19 04 Operating Budget of the MH/MPdSAS Department for the purchase of substance abuse 20 services 21 3 That $4,750 in donations is hereby accepted and appropriated to the FY 2003-04 22 Operating Budget of the MHfMiUSAS Department to provide increased services to clients 23 24 4 That $240,592 in additional revenue is hereby appropriated to the FY 2003-04 Operating Budget of the MH/MR/SAS Department to provide increased services to clients, with 25 the sources of this appropriation to be as follows 26 (a) $156,497 in additional federal revenue, 27 (b) $84,095 in additional state revenue 28 29 5 That the number of positions in the IVIIq/MR/SAS Department IS hereby increased 30 by 1 00 for a full-time clinician position, however, this grant-funded posit~on may be ehminated 31 after the funding has been expended 32 6 That, in the FY 2003-04 operating budget, estimated revenue is hereby increased 33 as follows 34 (a) federal grant revenue by $95,806, 35 (b) other federal revenue by $156,497, 36 (c) state revenue by $84,095, and 37 (d) revenue from donations by $4,750 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 2 day of 39 August , 2003 40 CA8967 41 Data/aty/ordin/noncode/Mental Health Approp ORD doc 42 July 31, 2003 43 R-2 44 APPROVED AS TO CONTENT 46 47 48 Management Serwces APPROVED AS TO LEGAL SUFFICIENCY City Attorney's O{~c% ' Terry S. Jenkins, Ph.D., Executive Director Virginia Beach Depmment of MH/MR/SAS 297 Independence Boulevard- Suxte 208 Virginia Beach, VA 23462-2891 Dear Dr. Jenkins: The Department of Mental Health, Mental Retardation and Substance Abuse Services is pleased to inform you that an additional $4,400 in Substance Abuse Residential Purchase of Services (SARPOS) funds is being made available to the Virginia Beach Department of MH/MR/SAS on a one-time basis. These additional funds w~ll not increase the allocation to your board for the next fiscal year. The amount should be included on Form 5, One-time Grants in the Revised Performance Contract and Report. These funds must be expended by September 30, 2003. These funds will be sent on payment #23. If you have any questions regarding this matter, please contact Janice Jordan at (804) 371- 0742. /ltb Ken Batten Janice E. Jordan Rosanna Roberts Nancy Ford William Russell Sincerely, James S. Reinhard, M.D. MAY 2 7 ?O03 ¥~ 'v..~ ~.k // Leonard G Cooke DIrector COMMONWEALTH of VIRGINIA Department of Criminal Justice Services 805 East aroad Street. Tenth Floor Richmond, Vwgmia 23219 (804) 786-4000 FAX (804) 371-8981 June 26, 2003 TDD (804) 386-8732 Mr. Sames K. Spore City Manager Ctty of Virginia Beach Municipal Center Building 1 Virginia Beach, Virginia 23456 Title: Young Juvenile Offender Initiative Dear Mr. Spore: I am pleased to advise you that grant number 04-A4273JJ03 for the above-referenced grant program has been approved for a total award in the amount of $91,406 in Federal Funds Enclosed you will fred a Statement of Grant Award and a Statement of Grant Award Special Conditions. To indicate your acceptance of the award and conditions, please sign the award acceptance and ~etum it to Jamce Waddy, Grants Administrator, at the Department of Criminal Justice Sermces (DCJS) Please review the conditions carefully; as some require action on your part before we will disburse grant funds When we receive documentatton showing that you have complied with the conditions, you will be eligible to request funds awarded under th~s grant. A REQUEST FOR FUNDS form is also included with this letter and should be used for this purpose. You may request funds at the same time you submit the documentation of compliance with the grant conditions or at any time thereafter. However, we cannot process your request untd we have received and approved all required information. We appreciate your interest in this grant program and wall be happy to assist you in any way we can to assure your project's success. If you have any questions, please call Nancy Bacot at (804) 786-4862. Yours very truly, Leonard G. Cooke Enclosures cc Mr. William R. Butler, Clinical Serwces Coordinator Ms Patricia A Phillips, Finance Dtrector Nancy Bacot, DCJS Criminal Juice Serwce Board - Cornmrttee on Tratr~ng · Jcr,,enfle Jusl~.e acd Dehnquencv Prevenl]oo Aflw.so~y Cornm~ee Ad,,~_~.ofy Commrttee ~o Court Appmnled Special A('J~':':'~te ar~ Chddrens Juice Ac~ Pn~jrams Pnv-'ale Security Se~ces Adv~soW Board * Cnm~,'~l Jus~c,...., Infofmal~on Systems Co~nrnrllee - 44- Item V-L. 11. ORDINANCES/RES OL UTIONS ITEM # 51534 Upon motton by Vtce Mayor Jones, seconded by Counctlman Maddox, Ctty Counctl ADOPTED: Resolutton re tssuance of Multt-Famtly Houstng Bonds tn an amount not to exceed $5,500,000 and Refundmg Bonds, Series 2003, tn the amount ors 7, 500, O00 for CP Atlantic, L.P. (Atlantis Apartments ProjecO 999 Atlantts Drtve Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Councd Members Vottng Nay None Counctl Members Absent None August 12, 2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING BONDS WHEREAS, the City of Vlrglma Beach Development Authority (the "Authority"), has considered the application of CP Atlantm, L P, a California hm~ted partnership (the "Borrower") for the ~ssuance of the Authonty's mult~famlly housing revenue bonds ~n an amount not to exceed $5,500,000 (the "Additional Bonds") and has agreed to assist the Borrower, by issuing bonds (the "Refunding Bonds" and, together w~th the Additional Bonds, the "Bonds"), in refunding $7,500,000 principal amount of ~ts tax-exempt Mult~famfly Housing Revenue Bonds (Atlantis Apartments Project) Series 2003 (the "Original Bonds"), all to assist in the financing of the Borrower's acquisition, renovation and equipping of a 208-umt multffamfly housing project (all ~mprovements and land being collectively referred to as the "Project") located at 999 Atlantis Drive, Vlrglma Beach, Vlrglma, and held a pubhc hearing on June 17, 2003, and WHEREAS, the Authority has requested the C~ty Council (the "Council") of Vlrg~ma Beach, V~rgama (the "City"), to approve the ~ssuance of the Bonds to comply w~th Sectmn 147(0 of the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code"), Section 15 2-4906 of the Code of V~rgmla of 1950, as amended (the "V~rgmm Code"), and other apphcable laws of the Commonwealth of Vlrgtma (the "Commonwealth"), and WHEREAS, pursuant to Section 15 2-4906, Code of V~rg~ma, 1950, as amended, a copy of the Authorlty's resolution approwng the ~ssuance of the Additional Bonds and the refunding of the Original Bonds, subject to terms to be agreed upon, and a ~easonablv detailed summary of the comments expressed at the pubhc heanng, if any, have been filed w~th the C~ty Council of the C~ty of Vlrglma Beach, Vlrglma, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 1 The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority, in a principal amount not to exceed $13,000,000, all for financing the acqmsltmn, renovation and eqmppmg of the Project for the benefit of the Borrower, to the extent required by Section 147(f) of the Intemal Revenue Code, Section 15 2-4906 of the Virginia Code and other applicable laws of the Commonwealth, to permit the Authority to assist in the financing of the Project 2 The approval of the issuance of the Additional Bonds, as reqmred by the Internal Revenue Code and the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Borrower; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefore, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto 3 In approving the Resolution, the City of Vlrg~ma Beach, including its elected representatives, officers, employees and agents, shall not be liable and hereby dlsclmms all liability for any damages to any person, &rect or consequential, resulting from (1)the Authonty's failure to issue bonds for the ProJect for any reason, ~ncludmg but not hm~ted to any dec,stun by the Authority in ~ts sole discretion to allocate its allowable private actlwty bond hm~t to one or more other projects; or (2)the Authonty's failure for any reason after the ~ssuance of the Additional Bonds for the Project to allocate any further port~on of ~ts allowable private activity bond limit to the ProJect if the l~suance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted 2 of 3 4 This Resolution shall take effect immediately upon its adoption Adopted by a majority of a quorum of the Council of the Ctty of V~rglma Beach, V~rglma, on August 12, 2003. I certify the foregoing to be a true and correct copy of a resolution adopted by the City Council of the City of Virginia Beach, Virginia, at a regular meeting held on August 12, 2003 Clerk APPROVED AS TO LEGAL SUFFICIENCY 3 of 3 ATLANTIS APARTMENTS Virginia Beach, Virginia ,cattor~ : J Brant Rd g 02003 k~Quest ~m. Inc. 02003 N~atbn Technob~b~ ~ VIRGINIA BEACH Development/-,tlthOl 222 Central Park Avenue, Suite 1000 V~rgmia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Webstte www vbgov corn June 17, 2003 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re: Atlantis Apartments Project Revenue Bonds Series 2003 Dear Mayor Oberndorf and Members of City Council: We submit the following in connection with project Atlantis Apartments ProJect located at 999 Atlantis Drive, Virginia Beach, Virginia. (1) Ewdence of publication of the notice of heanng is attached as Exhibit A, and a summary of the statements made at the public heanng is attached as Exhibit B. The City of Virginia Beach Development Authonty's (the "Authority") resolution recommending Council's approval is attached as Exhibit C. (2) The Disclosure Statement is attached as Exhibit D. (3) The statement of the Authorlty's reasons for its approval as a benefit for the City of Vlrg~ma Beach and its recommendation that City Council approve the modification of the bonds described above ~s attached as Exhibit E. (4) The Fiscal Impact Statement is attached as Exhibit F. The Honorable Meyera E. Oberndorf, Mayor Members of City Council June 17, 2003 Page 2 (5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying the Project and the principals. (6) Attached as Exhibit H ~s a letter from the appropriate City department commenting on the Project. Very truly yours, RGJ/GLF/rab Enclosures EXHIBIT A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Virginian-Pilot ......................................... + ........................... EICHNER & NORRIS PLLC 1225 19TH STREET, N.W , WASHINGTON DC 20036 REFERENCE: 10228144 10375019 State of Virginia City of Norfolk NOTICE OF PUBLIC HEA This day, D Johnson personally appeared before me and after being duly sworn, made oath that: 1) She is affidavit clerk of The Virginian-Pilot, a newspaper published by Landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, Common- wealth of Virginia and in the state of North Carolina 2)That the advertisement hereto annexed has been published in said newspaper on the date stated. PUBLISHED ON. 06/02 06/09 TOTAL COST: 515 28 AD SPACE: 76 LINE FILED ON: 06/13~03 ant-- .... . S b~r~bed and s~o~n to b~fo~e ~n my c~ty and state on the day and year afor~aVd Not~~~ff. ~~~~mission expires January 31, 2004 NOTICE OF PUBUC HFS, RING ON PROPOSE) MULTIFAMILY HOUSING BOND FINANCING OF THE CITY OF ¥IRGINIA BE~CH DEVELOPMENT AUTHORITY , Notice i$ hereby given that the C~/ of Virginia Beach Development ~Author~ty (the A~honb/') W~II hold a pubhc heanng on the appllcabon , of CP Atlantm, I. P {the 'Borrower' } the address of which fs CP Arian- ,t~c, L P, c/o Atlant~s-M~chaels, LLC, 1 East Stow Road, Madton, NJ ;08053, for the Authority to ~ssue, pursuant to Chapter 643 of the V~r g~ma Acts of Assembly of 1964, as amended the "Act"), up to ,$5 500 000 of ~ts tax exempt and/or taxable multlfam~ly housing rev enue bonds and to reissue its Multlfamlly Housing Revenue Bonds l(Atlant,s Apartments Project) Series 2003 in the aggregate pnnc~pal !amount of $7,500,000 (collectwely the "Bonds") to assist the Bor rower ~n the acquisition, rehab~htabon and equipping of a 208-umt mul brambly housing project located at 999 Atlantis Dr~ve m V rg~ma Beach, V~rglma (the 'ProJect") The public hearing wh ch may be conbnued or adjourned, w~ll be held at 8 30 a m on June 17, ~5003, before the Authority, at the Authority s offide, 222 Central Park Avenue, W nia Beach, V~rg n a As required by the Act, the Bonds wtll not pled~the ~ credit or the taxing power of the C~ty of V~rglma Beach, Virgin a, or the iAuthonty but will be payable solely from revenues derived from the i Borrower and pledges thereof Any person Interested m the ~ssuance J of the Bonds or the Iocatmn or nature of the ~oposed project may ~appear and be heard A copy of the Borrower s appl cabon ~s on file land ~s open for mspectmn at the Authonty's office at 222 Centra Park ~Avenue, Virginia Beach, Virglma, during bus~ness hours / The pubhc heanng ~s being held pursuant to the requ rements of Sec hlt~°n 147(f) of the Internal Revenue Code of 1986, as amended regard ng the public approval pre-requ,s~te to the exclusion fro ,~ m grOSS ncome for federal income taxation purposes of Interest On the Bonds and Secbon 15 2-4906 of the VIrgmra Code of 1950, as amended Any person interested m the ~ssuance of the Bonds or the Project may appear and be heard VP June 2 and June 9, 2003 10375019 My Commission Expires Januar3/31, 2004 EXHIBIT A NOTICE OF PUBLIC HEARING ON PROPOSED MULTIFAMILY HOUSING BOND FINANCING OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Notme ~s hereby g~ven that the C~ty of V~rg~ma Beach Development Authority (the "Authority") w~ll hold a pubhc heanng on the apphcat~on of CP Atlantic, L P (the "Borrower") the address of which ~s CP Atlantm, L P, c/o Atlant~s-Mmhaels, LLC, 1 East Stow Road, Marlton, NJ 08053, for the Authority to ~ssue, pursuant to Chapter 643 of the V~rg~ma Acts of Assembly of 1964, as amended (the "Act"), up to $5,500,000 of ~ts tax-exempt and/or taxable mult~famlly housing revenue bonds and to reissue ~ts Multlfamfly Housing Revenue Bonds (Atlantis Apartments Project) Series 2003 in the aggregate principal amount of $7,500,000 (collectively, the "Bonds") to asslst the Borrower ~n the acqms~tlon, rehablhtatlon and equipping of a 208-umt multlfam~ly housing project located at 999 Atlantis Drive ~n Vlrg~ma Beach, Vlrglma (the "Project") The pubhc hearing, which may be continued or adjourned, will be held at 8 30 a m on June 17, 2003, before the Authority, at the Authorxty's office, 222 Central Park Avenue, V~rglma Beach, Vlrg~ma As required by the Act, the Bonds will not pledge the credit or the tatung power of the C~ty of V~rg~nla Beach, Vlrg~nla, or the Authority, but w~ll be payable solely from revenues derived from the Borrower and pledges thereof. Any person interested ~n the issuance of the Bonds or the location or nature of the proposed project may appear and be heard A copy of the Borrower's appllcat~on ~s on file and ~s open for lnspect~on at the Authorlty's office at 222 Central Park Avenue, V~rg~nla Beach, V~rg~ma, during business hours The pubhc hearing ~s being held pursuant to the requirements of Section 147(0 of the Internal Revenue Code of 1986, as amended regarding the pubhc approval pre-reqms~te to the exclusion from gross ~ncome for federal income taxation purposes of interest on the Bonds and Section 15 2-4906 of the V~rg~nla Code of 1950, as amended Any person ~nterested ~n the issuance of the Bonds or the ProJect may appear and be heard EXHIBIT B City of Virginia Beach Development Authority Record of Public Hearing on June 17, 2003 (Atlantis Apartments Project) The chairman of the City of Vlrg~ma Beach Development Authority (the "Authority") announced the commencement of a pubhc hearing on the request of CP Atlantic, L P (the "Borrower"), and that a notme of the hearing was published once a week for two consecutive weeks m the V~rglman Pilot, a newspaper having general circulation in the City of Virginia Beach, Virginia Such public hearing was held not less than six days and not more than 21 days after the second notme appeared m such newspaper A copy of the notice and cemficate of publication of such notice have been filed w~th the records of the C~ty Council of the C~ty of Virginia Beach The following individuals appeared and addressed the Authority at such public hearing Matthew J. Blssonette, an attorney with Emhner & Norris PLLC appeared on behalf of the Borrower. Mr Blssonette gave a brief description of the proposed financing and explained that the proposed Issuance of the bonds (the "Bonds") would be used to assist the Borrower in finanmng the acqmsltlon and renovation of Atlantis Apartments in the C~ty of V~rglma Beach and that the tax exempt portion was necessary to obtain slgmficant low ~ncome housing tax credits under Section 42 of the Code Thxs approval ~s being requested at this tame and is reqmred by the Internal Revenue Code. Mr Blssonette further outhned certain benefits ~nunng to the C~ty of Virginia Beach and its cat~zens ~nclud~ng the nonrecourse nature of the financing and the amount of the proposed rehabilitation In addition, Mr Blssonette and Authority staff pointed out that the enhancement of Atlantis Apartments will assist the C~ty in attracting and retaining business and ~ndustry as quahty rental housing opportunities for low and moderate income persons are an ~mportant criterion to businesses when consldenng whether to relocate or to stay in a particular locality No other persons appeared to address the Authority, and the chairman closed the pubhc heanng The Authority hereby recommends that the City Council of the C~ty of Vlrglma Beach, Vlrglma approve the msuance of the proposed financing and hereby transmits the Fmcal Impact Statement to the City Council of the City of Virginia Beach and asks that this recommendation be received at Its next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AUTHORIZING TI-~ ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (ATLANTIS APARTMENTS PROJECT) SERIES 2003 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") is a political subdivision of the Commonwealth of V,rg~ma (the "Commonwealth"), duly created pursuant to Chapter 643 of the Vlrg~ma Acts of Assembly of 1964, as amended (the "Act"); and WHEREAS, pursuant to the Act, CP Atlantxc, L.P., a Cahforma limited partnership (the "Borrower"), has requested that the Authority issue its tax-exempt and taxable Multffamfly Housing Revenue Bonds (Atlantis Apartments) Series 2003 (the "Additional Bonds") to finance, in part, the acquisition, rehabilitation and equipping of a 208-umt apartment development (the "ProJect") located on an approximately 14 acre parcel of land located at 999 Atlantis Drive, Virginia Beach, Virginia and occupied m part (at least 40%) by persons of low or moderate income ~n order for the Project to quahfy as a "qualified residential rental project" within the meaning of Section 142(d) of the Code (hereinafter defined); and, the Borrower has requested that the Authorxty issue the Bonds and make a loan of the proceeds thereof to the Borrower for the purpose of malong funds available to acquire and rehabilitate the ProJect; and WHEREAS, on April 7, 2003, the Authority issued $7,500,000 pnncipal amount of ~ts tax- exempt Multlfamfly Housing Revenue Bonds (Atlantis Apartments Project) Series 2003 (the "Original Bonds" and, together with the Additional Bonds, the "Bonds") to finance a portion of the acquisition, rehabilitation and equipping of the ProJect; and WHEREAS, the Authority has found and determined that (a)there ,s a s~gmficant shortage of affordable, sanitary and safe residential rental property ~n the City of Vlrglma Beach, Virginia (the "City") for individuals and families of low and moderate income and (b) the issuance of the Bonds, the financing of the ProJect and the acqmsltaon, rehabilitation and eqmppmg of the Project by the Borrower will benefit the inhabitants of the City through the promotion of their safety, health, welfare, convenience or prosperity, and will be consistent with the general pm-poses of the Authority and the Act; and WHEREAS, the City has not activated a housing authority pursuant to §§ 36-4 and 36-4 1 of the Code of Vlrg~ma of 1950, as amended, and WHEREAS, with respect to such proposed plan of financing, the Authority has caused a notice of pubhc hearing to be pubhshed in the Vlrglman-Pflot, a newspaper of general mrculataon an the City of Vlrglma Beach, Virginia, and has this date held a pubhc hearing, all ~n accordance with the provlstons of § 147(0(2) of the Internal Revenue Code of 1986, as amended, and the regulations, rulings and proclamations promulgated or proposed thereunder (collectively, the "Code"), and § 15 2-4906, Code of Virginia, 1950, as amended, and other applicable laws of the Commonwealth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. The Authority hereby agrees to assast the Borrower to finance the acqms~tmn. rehablhtatlon and equipping of the ProJect and, in particular, to undertake the Issuance of the Additional Bonds ~n an amount not to exceed $5,500,000 and the refunding of the Original Bonds upon the temas and conditions to be mutually agreed upon between the Au-thor~ty and the Borrower, and to loan the proceeds of such Bonds (the "Loan") to the Borrower for the purpose of finanmng the Project The Loan w~ll be made to the Borrower pursuant to a loan agreement or a financing agreement. The Bonds will be issued and secured pursuant to an ~ndenture of trust or s~mllar document which w~ll provide for the precise pnnmpal amount of the Bonds, the maturity schedule therefor, the interest rate or rates the Bonds wall bear and the denomination, form and other terms o£ the Bonds, and will secure the Bonds by an assignment of all the Authonty's rights to the Loan, together w~th the proceeds thereof, and the security therefor The Bonds w~ll be hm~ted obhgat~ons of the Authority payable solely from the revenues pledged thereto pursuant to the ~ndenture. 2. It hamng been represented to the Authority by the Borrower that it ~s necessary to proceed immediately w~th the financing of the Project, the Authority hereby agrees that the Borrower may proceed w~th plans for such financing, enter ~nto contracts for such financing of the Project and take such other steps as ~t deems appropriate ~n connection there,with, provided that nothing herren shall be deemed to authorize the Borrower to obligate the Authority ~n any manner whatsoever, including the payment of money or the performance of any acts ~n connection with the Project The Authority agrees that the Borrower may be reimbursed from the proceeds made available from the issuance of the Additional Bonds for all costs incurred by it after the effective date of thru inducement resolution ~n connection w~th the financing of the acqms~t~on, rehablhtat~on and equipping of the Project only to the extent permitted under Section 103 of the Code and the Act. 3. The Authority hereby agrees to the Borrower's designation of the firm of Emhner & Norris PLLC, Washington, D C., as Bond Counsel ("Bond Counsel") and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds. 4. All costs and expenses ~n connection w'tth the financing of the acquisition, rehabilitation and equipping of the Project, ~ncluding fees and expenses of Bond Counsel, Counsel to the Authority and the Authority, shall be paid at the direction of the Borrower from the proceeds made avmlable from the ~ssuance of the Bonds or from other funds of the Borro~,~rer. If for any reason the Bonds are not issued, ~t ~s understood that all such fees and expenses shall be prod by the Borrower and that the Authority shall have no responsibility therefor. 5. In adopting this inducement resolutxon authorizing the issuance of the Bonds, the Authority declares its official intent to issue the Bonds and provide moneys to reimburse the Borrower for ~ts expenditures with respect to the Project, as contemplated by Treasury Regulations 1150-2 promulgated pursuant to the Internal Revenue Code of 1986, as amended. 6. The Authority shall perform such other acts and adopt such further proceedings as may be reqmred to implement its undertakings as herein set forth. Prior to the issuance and dehvery of the Bonds, there shall be submitted to the Authority for its approval a Bond Resolution approwng (a) the ~ssuance of the Additional Bonds, and (b) such other documents as may be necessary ~n the op~mon of Bond Counsel to complete the transaction, provided such documents are acceptable to counsel to the Authority. 7. The Authority hereby recommends that the City Council of the C~ty of V~rgm~a Beach, V~rglma approve the ~ssuance of the Bonds and d~rect$ the Chair of the Authority to transmit the F~scal Impact Statement and a copy of this Resolution to the C~ty Council of the City of V~rglma Beach. 8. The proper representative of the Authority is hereby authorized and directed to transmit th~s recommendation to the C~ty Council of the C~tsr of V~rg~ma Beach at its next available regular meeting at which an approval resolution can be properly placed on the Council's agenda for consideration 9. The proper representative of the Authority ~s hereby authorized and &rected to execute and dehver to the V~rg~ma Small Bus~ness F~nanc~ng Authority an apphcat~on for the allocation of volume cap for tax exempt bonds to satisfy the reqmrements of Section 146(0 of the Code. 10. Th~s Resolution shall take effect ~mme&ately upon ~ts adoption. If the Bonds are not ~ssued w~th~n one (1) year of the date of adoption of th~s Resolution, th~s Resoluhon shall be void and of no further effect. 11. The Authority hereby agrees, ff requested, to accept the recommendation of the Borrower w~th respect to the appmntment of an agent or underwriter for the sale of Bonds or a purchaser of the Bonds m a private placement pursuant to terms to be mutually agreed upon. ADOPTED: June ~__~, 2003 [SEAL) Chair, C~ty of Vlrglm~each l~evelo" pment Authority ~.~...J t~,~,a-,,..~o,.~.~- SecYetary The undersigned Secretary of the C~ty of V~rg~ma Beach Development Authority hereby certffies that the foregoing ~s a true, correct, and complete copy of a Resoluhon a~.gpted by the Authonty's commms~oners present and voting at a meettng duly called and held on June 1~,~003, ~n accordance w~th law, and that such Resolution has not been repealed, revoked, resmnded, or amended, but ~s ~n full force and effect as of the date hereof. WITNESS my hand and the seal of the Authority this \~'~" day of June, 2003. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY EXHIBIT D DISCLOSURE STATEMENT Date- July 17, 2003 Apphcant's Name(s): CP ATLANTIC, L. P., a California limited partnership All Owners (if different from apphcant): Type of Apphcat~on: Rezonlng: From Condlhonal Use Permit' Street Closure: to Subdawmon Variance: Other: Bond Issue The following ~s to be completed by or for the Apphcant: 1. If the apphcant ~s a CORPORATION, hst all the officers of the Corporataon: 2. If the apphcant ~s a PARTNERSHIP, FIRM or other Umncorporated Orgamzat~on, hst all members or parmers in the orgamzat~on: Atlantis - Michaels, LLC, General Partner The following 1s completed by or for the Owner (f dtfferent from the applicant) 1. If the apphcant is a CORPORATION, hst all the officers of the Corporation: 2. If the apphcant is a PARTNERSHIP, FIRM or other Umncorporated Organization, hst all members or partners in the orgamzat~on: CP ATLANTIC, L.P., a California limited partnership By' Atlantis - M~chaels, LLC, 1ts General Partner By. Machael J. Levatt, ats Sole Member and VIRGINIA BEACH EXHIBIT E \/2~ g~ m a B each Development &uthm ~ty 222 Central Park Avenue, State 1000 V~rg~ma Beach, VA 23462 (757) 437-6464 FAX {757) 499-9894 Web~tte www vbgov corn CITY OF VIGINIA BEACH DEVELOPMENT AUTHORITY UP TO $5,500,000 MULTIFAMILY MORTGAGE REVENUE BONDS MULTIFAMILY HOUSING REVENUE BONDS (ATLANTIS APARTMENTS) SERIES 2003 The Authority recommends approval of this financing. The proceeds of the Bonds to be issued will be used to assist the Borrower, CP Atlantis, L.P, a CahfornIa hmited partnership, in acquiring and rehablhtatlng the Atlantis Apartments, a 208-unit apartment building at 999 Atlantis Drive in Virginia Beach The use of $2,500,000 of tax exempt bonds, along w~th previously Issued tax-exempt bonds to be refunded, (the remainder will be federally taxable) will allow the Borrower to obtain substantial equity through the sale of low income housing tax credits under Section 42 of the Code The benefits of maintenance of affordable housing in the City of Virginia Beach along with the capital Investment, construction payroll, and creation and retalnage of jobs, constitutes the basis for this recommendation The financing will enhance a significant rental housing asset within the City where low and moderate income employees can hve and assist the City in attracting and retaining business and industry. Exhibit F FISCAL IMPACT STATEMENT DATE: TO PROJECT NAME TYPE OF FACILITY. July 23, 2003 THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA ATLANTIS APARTMENTS 208 Units of affordable multlfarmly housing , o o . . 1. Maximum amount of financing sought $13,000,000 Estimated taxable value of the facdlty's real property to be constructed in the municipality (post renovation) Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated merchant's capital (business license) tax per year using present tax rates Estimated dollar value per year of goods and services that will be purchased locally Estimated number of regular employees on year round basis (full timers) Average annual salary per employee (full timers) $9,360,000 ($45,000 unit) $104,000 $555 $345 $3.!0,470 10 $20,600 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By EXHIBIT G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BONDS 1 PROJECT NAME ATLANTIS APARTMENTS 999 ATLANTIS DRIVE 2 LOCATION' 3 DESCRIPTION OF PROJECT' 208 umts of affordable multlfamlly housing AMOUNT OF BOND ISSUE. 5 PRINCIPALS' $13,000,000 Michaels Development, M~chael J Lewtt 6 ZONING CLASSIFICATION' Present zomng classification of the Property Is rezomng proposed9 If so, to what zoning classification9 A- 18 (Apartment D~stnct) Yes No X NOTE THIS DOCUMENT MUST BE ON 8-1/2 X 14 INCH PLAIN BOND PAPER City of Virginia EXHIBIT H Beach DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION (757) 426-5750 FAX (757) 426-5766 TDD (757) 426-5794 CODE ENFORCEMENT DIVISION (757) 427-4421 June 16, 2003 MUNICIPAL CENTER BUILDING 18A 2424 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9083 Chairman, Virginia Beach, Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 FAX# 499-9894 Gary Fentress, Esq. Office of the City Attorney Mumcipal Center FAX# 563-1167 Evaluation of Public Benefit Atlantis Apartments Project Multi-Family Rental Housing Bond Application 206 units low income housing VBDA Agenda June 16, 2003 I have rewewed the ~nformat~on provided regarding the above referenced project. In my opinion a public benefit is achieved by the rehablhtatlon of these housing units by providing decent, safe and affordable housing for low income households. We have been advised by the applicant that 40% of the units will be occupied by persons having an income of 60% of area median ~ncome or less. The rent for these umts will be restricted to no more than 30% of 60% of area median income as adjusted for farmly size, thus meeting the definition for housing affordabhty. This project ~s in confomuty with the Ctty of VirDnia Beach's Consolidate Plan and Strategy. Please let me know if you need anything further regarding th~s Issue Thank you. ~i~e[ely, ._ ( Sharon K. Prescott Housing Program A~mstrator - 45 - Item V-L. 12. ORDINANCES/RES OL UTIONS ITEM # 51535 Upon motton by Vtce Mayor Jones, seconded by Councdman Maddox, Ctty Counctl ADOPTED: Resolutton asstgntng admtmstrattve responstbdttyfor Freedom of lnformatton Act (FOIA) requests to the Ctty Attorney's Office Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Voting Nay None Counctl Members Absent None August 12, 2003 A RESOLUTION ASSIGNING ADMINISTRATIVE RESPONSIBILITY FOR FREEDOM OF INFORMATION ACT REQUESTS TO THE CITY ATTORNEY'S OFFICE 10 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That the City Attorney'S Office shall be responsible for 13 the coordInation and administration of the Cmty's responses to 14 requests for documents pursuant to the Freedom of Informatzon Act. 15 16 Adopted by the Councml of the Cmty of Virgmnla Beach, 17 Vmrginma, on the 12 day of August , 2003. 18 CA-8975 20 ORDIN~NONCODE~ foiares, wpd 21 R-1 22 August 7, 2003 23 24 25 26 27 28 29 3O 31 32 33 34 APPROVED AS TO LEGAL SUFFICIENCY: - 46- Item V-M. PLANNING ITEM # 51536 1. CITY ZONING ORDINANCE AMEND Sections 111,225.1,601,901 and 1521 re Bed and Breakfast Inns as a CUP 2. GREGORY NELSON CONDITIONAL USE PERMIT 3. OCEAN BEACH CLUB, LLC CONDITIONAL CHANGE OF ZONING 4. RIGANTO, L.L.C. CONDITIONAL CHANGES OF ZONING AND CONDITIONAL USE PERi,ITS 5. SAIR ENTERPRISES, INC. MODIFICATION OF A CONDITIONAL USE PERMIT (Approved: February 13, 2001) 6. FORT WORTH DEVELOPMENT, INC. CONDITIONAL USE PERMIT 7. VICTORY CHAPEL CONDITIONAL USE PERMIT 8. GA TEWA Y CHRISTIAN SCHOOL CONDITIONAL USE PERMIT 9. CUSTOM STONE COMPANY CONDITIONAL USE PERMIT 10. CITY ZONING ORDINANCE AMEND Sections 111, 233.1, 1501, 1511 and 1521 re Conditional Use Permits for sale of alcohol August 12, 2003 -47- Item V-M. PLANNING ITEM # 5153 7 Upon motton by Vtce Mayor Jones, seconded by Counctlman Maddox, City Counctl APPROVED IN ONE MOTION Items 3. 5 (DEFERRED), 7, 8, 9 and 10 (AS AMENDED) of the PLANNING B Y CONSENT AGENDA. Item M 5 (SAIR) was DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of August 26, 2003 Item M 10 was ADOPTED, AS AMENDED, BY CONSENT (To mclude other zontng dtstrtcts wtthtn the Ctty) Vottng I1-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None Counctl Lady Wtlson DISCLOSED re Item M 3 (Ocean Beach Club, L L C ), pursuant to Confltct of Interests Act 3g 2 2-3115 (H) her husband ts a prtnctpal tn the accounttng firm of Goodman and Company and earns compensation which exceeds $10,000 O0 annually Goodman and Company provtdes servtces to Ocean Beach Club, L L C Her husband does not personally provtde servtces to Ocean Beach Club, L L C The Ctty Attorney has advtsed that although she has a personal tnterest tn the transactton, because her husband does not personally provtde servtces to Ocean Beach Club, L L C, she may parttctpate wtthout restrtctton tn Ctty Counctl's dtscusston of and vote on, the ordtnance, upon dtsclosure Counctl Lady Wtlson's letter of August 12, 2003, ts hereby made a part of the record Vtce Mayor Jones VERBALLYABSTAINED on Item M 7 (VICTORY CHAPEL), as hts funeral home at 6568 In&an Rtver Road ts adjacent to the apphcant's property August 12, 2003 Item V-M. 1. - 48 - PLANNING ITEM # 51538 Anthony Offredt, 2416 Arcttc Avenue, Phone 491-8985, represented self and netghbors, regtstered tn OPPOSITION, but not to the DEFERRAL Upon motton by Counctlman Maddox, seconded by Counctlman Reeve, Ctty Counctl DEFERRED to the Ctty Council Session of August 26, 2003 Ordtnance to AMEND Secttons 111 225 1, 601, 901 and 1521 of the Ctty Zontng Ordtnance (CZO) to allow Bed and Breakfast lnns as a Conditional Use tn certatn Apartment, Business, Resort Tourist and other zontng Districts, and, FURTHER AMEND the spectfic condtttons for Bed and Breakfast Inns Vottng 11-0 Council Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 12, 2003 - 49 - Item V-M.2. PLANNING ITEM # 51539 Anthony Offredt, 2416 Arcttc Avenue, Phone 491-8985, represented self and netghbors, regtstered tn OPPOSITION, but not to the DEFERRAL Upon motton by Counctlman Maddox, seconded by Counctlman Reeve, Ctty Counctl DEFERRED to the Ctty Counctl Sesston of August 26, 2003, Ordtnance upon apphcatton of GREGOR YNEL$ON for a Conditional Use Permtt ORDINANCE UPON APPLICATION OF GREGORY NELSON FOR A CONDITIONAL USE PERMIT FOR A BED AND BREAKFAST Ordtnance upon apphcatton of Gregory Nelson for a Condtttonal Use Perm ttfor a bed and breakfast onproperty located at 2420Arcttc Avenue (GPIN242 7-52 744) DISTRICT 6- BEACH Vottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 12, 2003 - 50- Item V-M.3. PLANNING ITEM # 51540 Upon motton by Vtce Mayor Jones, seconded by Counctlman Maddox, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of OCEAN BEACH CLUB, LLC for a Conchttonal Change of Zonmg ORDINANCE UPON APPLICATION OF OCEAN BEACH CLUB, LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM RT-! RESORT TOURIST TO CONDITIONAL RT-2 RESORT TOURIST Z08032151 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Ocean Beach Club, LLC for a Change of Zoning Dtstrtct Ctasst_ficatton_from R T-1 Resort Tourtst to Condtttonal R T-2 Resort Tourtst on property located on the west side of Atlantic Avenue, begtnntng at a pomt approximately 80feet south of 34'n Street (GPIN 2428032152, 2428033031) The Comprehenstve Plan recommends use of thts property for resort uses tncluchng lodgtng, retatl, entertatnment, recreattonal, cultural and other uses DISTRICT 6- B EA CH The followtng conchtton shall be requtred 1 An Agreement encompassmgproffers shall be recorded wtth the Clerk of Ctrcutt Court Thts Ordtnance shall be effecttve tn accordance with Sectton 107 09 of the Zontng Ordmance Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgmta, on the Twelfth of August, Two Thousand Three Vottng 1I-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Council Members Absent None Counctl Lady Wtlson DISCLOSED Pursuant to Confltct of Interests Act ~' 2 2-3115 (H) her husband ts a prtnctpal tn the accounttng firm of Goodman and Company and earns compensatton whtch exceeds $10,000 O0 annually Goodman and Company provtdes servtces to Ocean Beach Club, L L C Her husband does not personally provtde servtces to Ocean Beach Club, L L C The City Attorney has advtsed that although she has a personal tnterest tn the transaction, because her husband does not personally provtde servtces to Ocean Beach Club, L L C, she may parttctpate wtthout restrtctton tn Ctty Counctl 's dtscusston of, and vote on, the ordtnance, upon dtsclosure Counctl Lady Wtlson's letter of August 12, 2003, ts hereby made a part of the record , m I August 12, 2003 City of Virginia Fleach LESLIE L LILLEY CITY AI-DORNEY In Reply Refer To Our File No OP-822 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9004 (757) 427-4531 FAX (757) 426-5687 TDD (757) 427-4305 August 12, 2003 Councilmember Rosemary A. Wilson Municipal Center V~rginia Beach, VA 23456 Re: Request for Conflict of Interests Act Opinion Dear Councilmember Wilson: I am writing in response to your request for an opimon as to whether you are precluded from participating ~n C~ty Council's discussion and vote on Ocean Beach Club, LLC's request for a change of zomng. SUMMARY CONCLUSION Based on my review to the State and Local Government Conflict of Interests Act and the facts provided by you, I am of the opimon that you would not have a personal interest in Ocean Beach Club's encroachment application. Nevertheless, the Act allows you to partimpate in the transaction, upon d~sclosure of that interest. I base this conclusion on the following facts which you presented. Please review the facts as you may only rely on this opinion to the extent they are complete and accurate. FACTS PRESENTED You have advised that your husband is a prinmpal in the accounting finn of Goodman and Company and earns compensation which exceeds $10,000 annually. You have adwsed that Councilmember Rosemary Wilson -2- August 12, 2003 Goodman and Company provides general accounting services to Ocean Beach Club, L.L.C., but that your husband does not personally provide services to Ocean Beach Club, L.L.C. Ocean Beach Club has requested a change of zoning from RT-1 Resort Tourist District to Conditional RT-2 Resort Tourist District for multi-use retail, convention and meeting facilities at Atlantic Avenue and 34th Street. City Council will vote on an ordinance that would approve Ocean Beach Club's request for a change in zoning. ISSUE PRESENTED Does the fact that your husband is a principal in the accounting finn of Goodman and Company, and that the company provides general accounting services to Ocean Beach Club, preclude you from participating an City Council's discussion and vote on Ocean Beach Club's request for a change in zoning? DISCUSSION/CONCLUSION The State and Local Government Conflict of Interests Act is set forth in § 2.2-3100 et seq. of the Code of Virginia (1950), as amended. The primary focus of the Act is on the "personal interests" of an officer or employee of state or local govemment in the transactions of, and contracts with, the governmental or advisory agency of which he or she is a member. You have a "personal interest''~ in Goodman and Company because your husband receives more than $10,000 annually in income from the accounting finn. Section 2.2-3112 of the Act provides that you would have a personal interest in a transaction2 ifa business in which you have an ~"'Personal interest' means a financial benefit or liability accruing to an officer or employee or a member of h~s immediate family. Such interest shall exist by reason of (i) ownership in a business if the ownership interest exceeds three percent of the total eqmty of the business; (ii) annual income that exceeds, or may reasonably be anticipated to exceed, $10,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, or benefits from the use of property or any combination thereof, paid or provided by a business that exceeds, or may reasonably be anticipated to exceed, $10,000 annually; (iv) ownership of real or personal property if the interest exceeds $10,000 in value and excluding ownership in a business, income, or salary, other compensation, fringe benefits or benefits from the use of property; or (v) personal liability incurred or assumed on behalf of a business if the liability exceeds three percent of the asset value of the business." Va. Code § 2.2-3101. 2,,,Personal interest in a transaction' means a personal interest of an officer or employee in any matter considered by his agency. Such personal interest exists when an officer or employee or a member of his immediate family has a personal interest in property or a business, or represents any Councilmember Rosemary Wilson -3- August 12, 2003 interest is (1) the subject of the transaction or (2) it is reasonably foreseeable that the company would receive a d~rect or indirect benefit or detriment as a result of the transaction. Goodman and Company ~s not the subject of the request for a change in zoning. The pertinent question, then, is whether ~t IS reasonably foreseeable that Goodman and Company may realize a direct or indirect benefit or detriment as a result of City Council's vote on the application for a change in zoning. Because the contemplated project IS a large resort development and Goodman and Company prowdes accounting services for the development, it is reasonably foreseeable that Goodman and Company would realize a direct or indirect benefit or detriment as a result of City Council's vote on the application. Therefore, you would have a personal interest in the transaction because Ocean Beach Club is a client of Goodman and Company. However, because your husband does not personally provide services to Ocean Beach Club, the Act permits you to participate in the transaction, upon disclosure of your interest.3 I have enclosed a disclosure letter for your use. As a final note, the Conflict of Interests Act deals with the types of influences upon a public officer's judgement which are clearly improper. The law does not, however, protect against all appearances of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of ~mpropriety which is unacceptable or which could affect the confidence of the public in the officer's ability to be impartial. Please contact me should you desire any additional ~nformation. LLL/RRI Very truly yours, C~ty Attorney individual or business and such property, business, or represented individual or business (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the action of the agency considering the transaction." Va. Code § 2.2-3101. 3"Each officer and employee of any state and local govemmental or advisory agency who has a personal ~nterest in a transaction... [m]ay participate in the transaction when a party to the transaction ~s a client ofh~s firm if he does not personally represent or provide services to such client and he comphes with the declaration requirements of § 2.2-3114 G or § 2.2-3115 H." Va. Code § 2.2-3112(A)(3). City of Virginia Beach ROSEMARY WILSON COUNCIL LADY - AT-LARGE August 12, 2003 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (H) Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: . I am executing this written disclosure regarding City Council's discussion and vote on an ordinance authorizing a change in zoning, requested by Ocean Beach Club, L.L.C., at Atlantic Avenue and 34* Street. . I have a personal interest in this transaction because my husband is a principal in the accounting finn of Goodman and Company, and that company provides services to Ocean Beach Club, L.L.C. My husband does not personally provide services to Ocean Beach Club, L.L.C. . The City Attorney has advised me that although I have a personal interest in this transaction, because my husband does not personally provide services to Ocean Beach Club, L.L.C., the Act provides that I may participate without restriction in Council's discussion of, and vote on, the ordinance, upon disclosure of this interest. . I wish to disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. 310 53"DSTREET, VIRGINIA BEACH, VA 23451 Mrs. Ruth Hodges Smith -2- August 12, 2003 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (H) Accordingly, I respectfully request that you record this declaration in the official records of City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attomey, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, Rosemary A. Wilson Councilmember RAW/RRI Enclosure City of Virginia Beach In Reply Refer To Our File No. DF-5713 DATE: July 31, 2003 TO: Leslie L. Lilley-~ DEPT: City Attorney FROM: B. Kay WilsonXO~ DEPT: City Attorney Conditional Zoning Application Ocean Beach Club, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 12, 2003. I have reviewed the subject proffer agreement, dated June 11, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure Document Prepared By and Return to: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, Virginia 23462 Phone: 757-687- 7500 Facsimile: 757-687-7510 AGREEMENT THIS AGREEMENT, made this// day of June, 2003 by and between OCEAN BEACH CLUB~ LLC, a Virginia hmited liability company (hereinafter referred to as "Grantor"), the owner of certain of property generally located on the west side of Atlantic Avenue, between 34th Street and 33ra Street, in Virginia Beach, Virginia; and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, all of the Grantor's property described as set forth on Exhibit A is zoned RT-1, and the Grantor has mltaated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the zoning classificatson of a portaon of the Grantor's property from RT-1 to RT-2 Conchtional; WHEREAS, the portion of the Property subject to the Grantor's rezomng request contains approximately 10,511 square feet, ~s more particularly described in the attached E....xhibit B, and ~s the only portion of the Grantor' s property subject to Grantor's rezomng request and this Agreement (the "Property"). WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit diffenng uses on and ~n the area of the subject Property and at the same time to recogmze the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the GPIN: 2428-03-2152;'2428-03-3031 community that are not generally applicable to land sinularly zoned-RT-2 are needed to cope with the s~tuation to which the Grantor's rezomng application gives rise; and WHEREAS, the Grantor has voluntarily proffered ~n writang in advance of and prior to the pubhc heanng before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing RT-2 zoning district by the exisUng City's Zoning Ordinance (the "CZO"), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relauon to the rezonmg and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zomng Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conchtions; provided, however, that such conditions shall continue despite a subsequent amendment ~f the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written ~nstmment recorded in the Clerk's Office of the Circmt Court of the C~ty of Virginia Beach, Virt0nia and executed by the record owner of the subject Property at the time of recordation of such instrument; prowded, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public heating before the Grantee advertised pursuant to the provisions of the Code of Virgima, Section 15.2- 2204, which said orchnance or resolution shall be recorded along w~th smd instrument as conclusive evidence of such consent. NOW THE~FO~, the Grantor, for itself, it's successors, assigns, grantees, and other successors in tatle 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 zomng, rezoning, site plan, buflchng penmt or subdiwsion approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical 2 development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants runmng w~th the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The architectural design and color of the structure constructed on the Property shall be substantially compatible with the architectural style and colors depicted in the rendering entitled "Ocean Beach Club -- Gold Key Resorts Retail/Conference Center Atlantic Ave. Elevation" prepared by NCG Architects, Inc., submitted by the Grantor in connection with the rezoning application, and on file with the Planning Department of the City of V~rgnnia Beach. Further conditions mandated by applicable development ordinances may be required by the Grantee during detailed Site Plan and/or subdiviston review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references heremabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Orchnance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenant and agree that (1) the Zoning Admlmstrator 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 admimster and enforce the foregoing conditions, ~ncluding (i) the ordering in writing of the remedying of any noncompliance with such conchtions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, ~ncluding mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditaons shall constitute cause to deny the ~ssuance of any of the required building or occupancy pernuts as may be appropriate; (3) if aggrieved by any decision of the Zoning Admimstrator made pursuant to the prowsions of the City Code, the CZO or this Agreement, the Grantor shall pet~taon the governing body for the review thereof prior to instituting proceechngs in court; and (4) the zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conchtions may be made readily avmlable 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 C~ty of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank] [Signature page to Agreement] GRANTOR: OCEAN BEACH CLUB, LLC David Shively, Associates, Inc., Managing Beach Club, 1.1 .C Member of BQTS of Ocean Commonwealth of Virginia City of Virginia Beach, to-wit: My Commission Expires: The foregmng instrument was acknowledged before me this !} day of ~ ~ ~ .. , 2003, by David Shlvely, Vice President of BQTS Associates, Inc., Managing Member of Ocean Beach Club, 1J.C. He is personally known to me. NOtary Pubhc 237417v2 EXHIBIT A ALL THAT certain piece or parcel of land, together with the ~mprovements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virgima Beach, Virgima, and being more particularly described as follows: PARCEL I: Beginning at a point in the Southwest intersection of Atlantic Avenue and a twenty (20) foot lane bisecting Block 79, as shown on the Plat Number 3 of the Virginia Beach Development Company, duly of record in the Clerk's office of the Circuit Court of Virginia Beach, Virginia, in Map Book 3, at page 177; thence in a southerly direction along the western side of Atlantic Avenue forty (40) feet to a point; thence in a westerly direction and parallel to the north side of 33rd Street, one hundred forty (140) feet to a point; thence in a southerly direction and parallel to Atlantic Avenue, one hundred (100) feet to the north side of33~d Street; thence in a westerly direction along the north side of 33ra Street, one hundred eighteen (118) feet to a point in the eastern line of Pacific Avenue, one hundred forty (140) feet to a point; thence east along the southern side of the aforesaid twenty (20) foot lane two hundred fift3r-ei~t (258) feet to a point of beginning; and said parcel is comprised of the north forty (40) feet to lots one (1) and two (2), the north forty (40) feet to the eastern forty (40) feet of Lot three (3), the western ten (10) feet of Lot three (3), Lot four (4), the eastern thuXy-eight (38) feet of Lot five (5), all in said Block seventy-me (79), and the twenty (20) foot strip adjoining said Lot five (5) on the west, conveyed to Sea Pines Corporation by the City of Virginia Beach, by deed dated May 14, 1951, and duly recorded in said Clerk's Office in Deed Book 295, at page 486. PARCEL 1I: Be~nning at a point in the northwest intersection of Atlantic Avenue and the aforesaid twenty (20) foot lane bisecting said Block seventy-nine (79); thence in a northerly direction along the western side of Atlantic Avenue one hundred forty (140) feet to 34th Street; thence m a westerly direction along the southem side of 34th Street, two hundred fifty-eight (258) feet to the eastern line of Pacific Avenue; thence in a southerly direction along the eastern line of Pacific Avenue one hundred forty (140) feet to a point; thence in an easterly direction along the northern side of the said twenty (20) foot lane two hundred fifty-eight (258) feet to the point of beginning; smd parcel is comprised of lots six (6) through nine (9) and the eastern thirty-eight (38) feet of lot ten (10), in said Block seventy-nine (79) and the twenty (20) foot strip adjoining the said lot ten (10) on the west conveyed to Sea Pines Corporation by the City of Virginia Beach, by deed dated May 14, 1951, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, in Deed Book 295, at page 486. PARCEL llI: All that certain alley or lane, situate in the Virginia Beach Borough of the City of Virginia Beach, Virginia, twenty (20) feet in width and extending fi'om Easterly line of Pacific Avenue to the Westerly line of Atlantic Avenue, which alley bisects Block 79 as shown upon that certain plat entitled "Property of Virginia Beach Development Co., Virginia Beach, Virginia, North of 25th Street," which map is or record in the Clerk's office of the Circuit Court of the City of Virginia Beach in Map Book 3, at pages 176-177, said alley having been closed and vacated by Ordinance of the City Council of the City of Virginia Beach. PARCEL IV: All that certain lot, piece of land, in the City of Virginia Beach, Virginia, with the buildings and improvements thereon, and the appurtenances thereunto belonging, known, numbered and designated as Lot No. One (1) and the southern then (10) feet of Lot No. Two (2) in Block Eighty -One (81), as shown on Plat No. 3 of part of the property of Virginia Beach Development Company, which plat is duly of record in the Clerk's Office of the Circuit Court of the said City, in Map Book 3, at page 177. Beginning at a stake in the western side of Atlantic Boulevard where it intersects w~th the northern side of 34th Street; thence along the northerly side of 34th Street in a westerly direction 150 feet to a stake on the eastern side of Atlantic Avenue in a northerly direction 60 feet; thence along a line parallel to the northern side of 34th Street in an easterly direction 150 feet to the western side of Atlantic Boulevard; thence along the Western side of Atlantic Boulevard, 60 feet to the point of beginning. PARCEL V: All of those certain lots, pieces and parcels of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, State of Virginia, known, numbered and designated as Lots Five (5) and Six (6) in Block numbered Seventy-Eight (78), on Plat numbered Three (3), of the property of Virginia Beach Development Company, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3, at page 177, to which reference is hereby made for a more pamcular description of said lots. EXHIBIT B The portion of the Grantor's Property subject to the Grantor's rezoning request and this Agreement contains approximately 10,511 square feet of land and is more particularly described as follows: All that certain property identified as "Area Currently Zoned RT-1; Proposed Rezoning to RT-2" as shown on that exhibit titled "Ocean Beach Club Rezoning Exhibit" prepared by Clark Nexsen and dated 3/24/03, having an area of 10,511.44, 0.241 acres, and more specifically identified as: That property located on the west side of Atlantic Avenue between 34th Street and 33rd Street, Beginning at a Point; Thence S 76°06'52'' W a Distance of 70.00'; thence N 13°53'08" W a Distance of 150.16'; thence N 76006'52" E a Distance of 70.00'; thence 13o53'08" E a Distance of 150.16'; which is the point of be~nning, having an area of 10,511.44 Square Feet, 0.241 Acres. 1T BEING a portion of the Grantor's Property described as set forth on Exhibit A. Z Item V-M. 4. - 51 - PLANNING ITEM # 51541 Attorney R Edward Bourdon, Phone 499-8971, represented the apphcant (Htll Famtly) The stte plan of the Herttage Park Communtty was dtstrtbuted to Ctty Counctl and ts hereby made a part of the record The development wtll encompass 256 smgle-famtly dwelhngs on 276 acres $400,000 and a 90 9 acre parcel wtll be donated by the apphcants to the Equt-Ktds Therapeuttc Rtdtng Center who will construct the facthttes Curtts Murphy, 25 72 Hartley Street, Phone (775) 563-9761, spoke on behalf of Equt-Ktds and hts daughter Vtctorta A Phdleo, Board of Dtrectors - Lago Mar Ctvtc League, Phone 721-6252 James Arnhold, Developer, met wtth the Ctvtc League on numerous occastons Barbara Ford, Founder and Executtve Dtrector- EQUI-KIDS Therapeuttc Rtdtng Program Satd statement ts hereby made a part of the record Wynne Rentz, 2580 Atwoodtown Road, Phone 426-8477, supports Herttage Park wtth cautton Molly Brown, 2232 Sandptper Road, Phone 721-5011, Prestdent of Frtends of Back Bay, supporttng the "Jones "spur and the safety tmprovements to Sandbrtdge Road, expressed concerns The followtng regtstered tn OPPOSITION Herb Jones, 2313 Sandptper Road Phone 721-1103 Georgette Constant, 110 82 Street, Phone 422-2948 Upon motion by Councilman Reeve, seconded by Council Lady Wilson , City Council ADOPTED Ordinances upon application of RIGANTO, L.L.C. for a Change qf Zontng Dtstrlct Classtfication and Conditional Use Permits ORDINANCE UPON APPLICA TION OF RIGANTO, L L C, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION ON THE FOLLOWING PARCELS PARCEL 1 FROMAG-1 AND AG-2 TO CONDITIONAL R-20 AND PARCEL 2 FROMAG-1 AND AG-2 TO CONDITIONAL P-1 Z08032151 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Riganto, L L C, Parcel 1 From AG-1 and AG-2 Agricultural Dtstrtct to Conditional R-20 Residential Dtstrtct on certatn property located on the south side of Sandbrldge Road, 3400feet more or less east of Princess Anne Road Parcel 2 From AG-1 and AG-2 Agrtcultural Dtstrtct to Conditional P-1 Preservation District on certatn property located on the south stde of Sandbrldge Road, 3400feet more or less east of Princess Anne Road The proposed zomng classtficatlon change to Conchtlonal R-20 is for single family residential land use Theproposedzontng classtficatton change to Condttional P-1 is for open space and recreation land use The Comprehensive Plan recommends use of this parcel for appropriate growth opportunities, consistent with the economic vltahty pohctes of Vlrglnta Beach in accordance wtth other Plan pohcles 276 acres DISTRICT 7- PRINCESS August 12, 2003 - 52 - Item V-M. 4. PLANNING ITEM # 51541 (Continued) The followtng condttton shall be requtred 1 An Agreement encompasstng proffers on each parcel shall be recorded with the Clerk of Circuit Court AND, ORDINANCE UPON APPLICATION OF RIGANTO, L L C, FOR A CONDITIONAL USE PERMITFOR AN OPENSPA CE PROMOTIONR080331115 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Rtganto, L L C, for a Condtttonal Use Permtt for an Open Space promotton on certatn property located on the south stde of Sandbrtdge Road beginning at a point 3400feet more or less east of Prtncess Anne Road (GPIN #2413-59-9454) Satd parcel contatns 185 1 acres more or less DISTRICT 7 - PRINCESS ANNE The followtng conchttons shall be requtred The apphcant shall obtatn approval from the Ctty Counctl to encroach into the pubhc rtght-of-way prtor to tnstallatton of the stgn tn the median of the entrance roadway to thts development If approval for the encroachment ts not granted by the Ctty Counctl, the apphcant shall relocate the stgn outstde the pubhc rtght-of-way The apphcant shall submtt for revtew and approval to the Dtrector of Planmng or hts or her destgnee prtor to final stte plan approval a plan showing how the area between the restdenttal lots and Sandbrtdge Road area wtll be landscaped. Such plan shall tnclude a detatled descrtptton of the plant spectes, stze and spactngfor any areas to be reforested Fenctng wtthin the restdenttal area of the communtty shall be hmtted to whtte alumtnum ptcket style whtch ts no more than fifty (50) percent opaque, substanttally stmtlar to the fence detatl sheet (entttled "FencCoat - Jertth's Powder Coated Finish") submitted to and on file with the Department of Planmng August 12, 2003 Item V-M. 4. - 53 - PLANNING ITEM # 51541 (Continued) ORDINANCE UPON APPLICATION OF RIGANTO, L L C, FOR A CONDITIONAL USE PERMIT FOR RECREATIONAL AND AMUSEMENT FACILITIES OF AN OUTDOOR NATURE (HORSE STABLES AND MI)lNG RINGS)ON CERTAIN PROPERTY R080331116 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Rtganto, L L C, for a Conchttonal Use Permit for recreattonal and amusement facthttes of an outdoor nature (horse stables and rtchng rtngs)on certatn property begtnntng at a potnt 1900feet more or less south of the mtersectton of Sandbrtdge Road and Entrada Drtve (GPIN #2413-59-9454) Satd parcel contatns 90 9 acres more or less DISTRICT 7 - PRINCESS ANNE The followtng conchttons shall be required 1 Afifty (50)-foot wtde vegetattve buffer shall be tnstalledalong the shorehne of the stormwater management facthty adjacent to the Equt-Klds facthty The facthty shall be for the exclustve use of the non-profit orgamzatton known as Equt-Ktds There shall be no horse shows staged by other organtzattons There shall be no horse shows staged for the purpose of attracttng the pubhc or promottng competttton between horses or equestrtan groups beyond that for the chents served by Equt-Ktds 3 Any hghtmgfor thefactltty shall be dtrected tn toward the stte and shall not exceed a hetght of l4feet These Or&nances shall be effecttve tn accordance wtth Section 107 09 of the Zoning Ordinance Adopted by the Council of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twelfth of August, Two Thousand Three Vottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba $ McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Vottng Nay None Counctl Members Absent None August 12, 2003 FORM NO I~ S 1~ ~}} City of Virginia Beach ~.~__~ ~>~ ~~. '~* INTER-OFFICE CORRESPONDENCE In Reply Refer To O~ File No. DF-5203 DATE: July 31, 2003 TO: Leslie L. Lilley ',X~ DEPT: City Attorney FROM: B. Kay Wilson~ DEPT: City Attorney Conditional Zoning Application Riganto, L.L.C., et als The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 12, 2003. I have reviewed the subject proffer agreement, dated April 15, 2002, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY SYI~ES I~OURDON 1~1~ AIIERN & L~;Y pc RIGANTO, L.L.C., a Virginia limited liability company SUSIE W. HILL, DAVID B. HILL, JR. and LUKE H. HILL, II TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth Virginia of THIS AGREEMENT, made this 15m day of April, 2002, by and between RIGANTO, L.L.C., a Virginia limited liability company, GRANTOR, party of the first part; SUSIE W. HILL, DAVID B. HILL, JR., and LUKE H. HILL, II, GRANTORS, parties of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE, party of the third part. WITNESSETH: WHEREAS, the parties of the second part are the owners of a parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 276.952± acres, and described as "Parcel One" in Exhibit "A' attached hereto and incorporated herein by this reference. Said parcel is hereinafter referred to as the "Property"; and WHEREAS, the party of first part, being the contract purchaser of the "Property" as described herein has initiated a conditional amendment to the Zoning Map of the City of Vzrgirda Beach, Virginia, by petition addressed to the GRANTEE so as to change the Zoning Classifications of the subject property from AG-1 and AG- 2 to R-20 Residential District, subject to an open space promotion conditional use permit, and P-1 Preservation District; and GPIN: 2413-59-9454 RETURN TO: SYKES BOURDON, AHERN & LEVY, P.C. PEMBROKE ONE BUILDING, THE FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462 PREPARED BY AtlERN & LivY. p C 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 GRANTORS acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the GRANTORS' rezoning application gives rise; and WHEREAS, the GRANTORS have voluntarily proffered, in writing, in advance of and prior to the public hearing before the GRANTEE, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-20 Zoning District, the Open Space Promotion Option and P-1 Zoning Districts by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the GRANTORS, for themselves, their 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 ~)ro u_q_u_o_ for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTORS, their successors, personal representatives, assigns, grantee, and other successors in interest or title and which will not be required of the GRANTORS until the Property is developed: PREPARED BY -';J~N &LDrY PC. 1. When the Property is developed, It shall be developed as a single family residential commumty of no more than two hundred fifty-six (256) building lots wxth parklands, open spaces, trails, an Equi-Kids Therapeutic Riding Center and other amenities substantially in conformance with the Exhibit entitled "Conceptual Site Layout Plan of Heritage Park Sandbridge Road, V~rginia Beach, VA" dated 4/02/02, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan'). 2. When development of the Property is commenced, the party of the first part shall install the landscaped "Entrance Plan", "Identtfication Slgnage', a six foot (6] wide paved multipurpose trml, and stormwater retention lakes with wetlands benches substantially in accordance with the plan entttled "Details of Heritage Park Sandbridge Road, Virginia Beach, VA.", dated 4/02/02, prepared by MSA, P.C., which has been exhibited to the Virgima Beach City Council and is on file with the Virginia Beach Department of Planning ("Detail Plan"). 3. When the property is subdivided that portion of the Property Zoned R- 20 shall be subject to a recorded Declaration of Protective Covenants, Cond~taons and Restrictaons ("Deed Restrictions") administered by a Property Owners Association. The Entrance feature from Sandbridge Road as well as the Open Space areas depicted on the Concept Plan and any other common areas shall be dedicated to and maintained by the Property Owners Association. The Deed Restrictions which include Articles providing for Architectural Controls and Mandatory assessments, has been exhibited to the Virginia Beach C~ty Council and is on file with the Virginia Beach Department of Planning. The Deed Restrictions require "staggered" front yard setbacks for each house to create a varied streetscape. The Deed Restrictions reqmre decorative white cast aluminum "Williamsburg" mailboxes and only white aluminum fencing which is no more than fifty percent (50%) opaque. 4. All homes constructed on the residential lots depmted on the Concept Plan shall have an exterior surface of at least seventy-five percent (75%) brick and all front yards and side yards adjacent to a pubhc street shall be sodded. Each home shall have a minimum of 2800 square feet of heated living area 5. When the Property is subdivided, the apprommately 90.9 acres of land zoned P-1 as depicted on the "Rezoning Exhibit of Heritage Park Sandbridge Road, PREPARED BY ~ SYEE5 t~Otri~DON ~[~ * '~N & LEVY Virginia Beach, VA.' dated 4/02/02, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file vath the Virginia Beach Department of Planning (~Zoning Exhibit") shall be transferred, by Deed of Gift to EQUI-KIDS THERAPEUTIC RIDING CENTER, a Virginia non-profit corporation. In addition, the GRANTOR, party of the first part, shall contribute the sum of $400,000.00 in improvements to the Equi-Kids Therapeutic Riding Center and shall, prior to subdivision approval, post a performance bond in that.amount with the GRANTEE securing installation of the fencing, access road, stables and facilities as depicted on the Concept Plan and on Renderings prepared by Porterfield Design Center dated May 15, 2001, which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Department of Planning. 6. Further conditions may be required by the GRANTEE during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the GRANTOR (party of the first part) and GRANTORS (party of the second part) and allowed and accepted by the GRANTEE, party of the third part, as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the GRANTEE m 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 whxch 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 Lf not so recorded, smd instrument shall be void. The GRANTORS covenant and agl'ee 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 Vir~uia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncomphance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceechng; (2) The fmlure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the GRANTORS shall petition the governing bedy 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 V~rginia Beach, Virginia, and indexed in the names of the GRANTORS and the GRANTEE. PREPARED BY PREPARED BY gULl;§, t~OIIRDON AtlERN 8, [iVY. PC WITNESS the following signature and seal: GRANTOR: Riganto, L.L.C., a Virginia limited liability company By:. ~z~-'4~-"~ ~ (SEAL) ~ Managing Member STATE OF VIRGINIA CITY OF VIP, G:NIA DF. ACH, to-wit: The foregoing instrument was acknowledged before me this /'7 day of April, 2002, by dames M. Arnhold, Managing Member of Riganto, L.L.C., a Virginia limited liability company, Grantor. My Commission Expires: Notary Public 6 PREPARED BY SYKES [}OUI~DON WITNESS the following signature and seal: GRANTOR: Susie W. Hill (SEAL) STATE OF VIRGINIA ~ ~..~,~--..~ .~^~.. to-wit: The foregoing instrument was acknowledged before me this 2002, by Susie W. Hill, Grantor. My Commission Expires: / 7 day of April, WITNESS the following signature and seal: GRANTO.,tt~: / B. Hill, ,Jr. (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ./~ 2002, by David B. Hill, Jr., Grantor. l~y Public My Commission Expires: day of April, PREPARED BY SYl~t:s. l~()trl~l~ON A:~IF~N & L~rY PC PREPARED BY ~[~ .4ti[~N & LEVY pc WITNESS the following mgnature and seal: GRANTOR: (SEAL) Luke H. Hill, II STATE OF VIRGINIA CITY OF v,o~t~T,^ ~,A~, to-wit: The foregoing instrument was acknowledged before me this [/~ day of April, 9.002, by Luke H. Hill, II, Grantor. - Nr~tary Public My Commission Expires: -)" $ ' - * ~ ' EXHIBIT "A" ALL THAT certain tract, piece or parcel of land with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being m Princess Anne Borough in the City of Virgima Beach, Virginia, and more particularly bound and described as follows, to-wit: BEGINNING at a point on the southern side of the right of way of Sand Bridge Road in the dividing line between this property and the property now or formerly Garrison, and from said point of beginning, running thence North 81° 52' 50" West 25.5 feet to a pin; thence continuing the same course 159.7 feet to a pin; thence North 81° 37' 50' West 128.10 feet to a pin; thence North 78° 22' 50' West 177.50 feet to a pm; thence North 78° 37' 50" West 118.00 feet to a pin; thence turning and running North 31° 07' 10' East 268.4 feet to a pin; thence North 31° 22' 10' East 138.6 feet to a pin; thence North 31° 07' 10' East 133.90 feet to a pin; thence turning and running North 41° 22' 50' West 330.00 feet to a pin; thence North 39° 37' 50' West 165.66 feet to a pin; thence North 51° 52' 50' West 235.60 feet to a pin; thence turning and running South 43° 59' 10' West 211.5 feet to a pin; thence South 45° 59' 10' West 222.00 feet to a pin; thence South 48° 49' 10' West 226.2 feet to a pin; thence South 48° 44' 10' West 109.00 feet to a pin; thence South 48° 24' 10' West 122.1 feet to a pin; thence turning and running South 44° 15' 50' East 106.20 feet to a pin; thence South 44° 20' 50" East 263.10 feet to a pin; thence South 44° 15' 50" East 255.5 feet to a pin; thence South 42° 45' 50' East 94.50 feet to a pin; thence South 43° 55' 50' East 202.0 feet to a pin; thence South 42° 50' 50" East 50.5 feet to a pin; thence turning and running South 24° 49' 10' West 120.5 feet to a pin; thence South 25° 44' 10' West 227.90 feet to a pin; thence turning and runmg South 34° 30' 50" East 218.50 feet to a pin; thence South 29° 35' 50" East 339.40 feet to a pin; thence turning and running South 78° 14' 10" West 275.00 feet to a pin; thence South 66° 14' 10' West 233.00 feet to a pin; thence South 57° 14' 10' West 28.85 feet to a point; thence turning and running North 37° 14' 10' West 53.56 feet to a pin; thence North 39° 09' 10' West 202.60 feet to a pin; thence North 37° 59' 10' West 168.90 feet to a pin; thence North 39° 11' 10' West 408.3 feet to a pm; thence North 36° 24' 10' West 129.5 feet to a pin; thence North 46° 59' 10' West 167.70 feet to a point; thence North 43° 18' 10' West 44.9 feet to a marked Beech tree; thence North 52° 09' 10' West 549.00 feet to a pin; thence North 54° 29' 10' West 140.20 feet to a pin; thence North 50° 13' 00' West 984.14 feet to a pin; thence North 70° 49' 40" West along the center of a lead ditch 514.89 feet to a point; thence North 60° 44' West 603.27 feet to a point; thence turning and running South 34° 40' 19' West 344.38 feet to a point; thence South 18° 37' 24" West 18.93 feet to a pin dividing this property from the property of W. W. Oliver, formerly l>ungo Airfield; thence turning and running along the dividing line between this property and the property of Oliver South 70° 28' 40" West 202.11 feet to a pin; thence South 63°28' 40" West 128.92 feet to a pin; thence South 55006' 10' West 165.91 feet to a pin; thence turning and running North 67020' 35" West 171.23 feet to a pin; tkence North 82° 12' 25' West 333.95 feet to a pin; thence North 79° 50' 38" West 1,168.90 10 PREPARED BY fiYI~ES t~OlrEDON ~%11 Atl~N & Livy PC feet to a point; thence turning and running along the dividing line between this property and the property now or formerly Williamson North 56° 56' 55" East 247.65 feet to a point; thence North 49° 26' 55" East 186.92 feet to a point; thence North 26° 32' 22" East 46.53 feet to a point; thence North 49° 26' 55" East 94.90 feet to a point; thence North 66° 46' 00' East 203.32 feet to a point; thence North 53° 35' 52" East 133.88 feet to a point; thence North 64° 26' East 88.79 feet to a point; thence North 45° 25' 11' East 43.37 feet to a point; thence North 50° 46' 32" East 154.83 feet to a point; thence North 63° 25' East 189.39 feet to a point; thence North 52° 59' 10' Eat 552.28 feet to a point; thence North 57° 43' 36" East 122.82 feet to a point; thence North 50° 35' 48" East 172.66 feet to a point; thence North 58° 45' 33" East 220.65 feet to a point; thence North 43° 35' 39" East 49.59 feet to a point; thence North 56° 37' 36" Eat 379.40 feet to a point; thence North 45° 03' 47" East 108.18 feet to a point; thence North 30044' 54" Eat 649.99 feet to a point in the southern side of the fight of way of the Sandbridge Road; thence turning and running along the southern side of the right of way of the Sandbridge Road along the arc of a circle, the radius of which is 331.02 feet, an arc distance of 160.84 feet to a point; thence continuing along the arc of a circle the radius of which is 138.50 feet, the arc distance of 92.03 feet; thence continuing along the said right of way North 71° 08' East 21.90 feet; thence continuing along the arc of a circle the radius of which is 638.51, an arc distance of 136.71 feet; thence continuing North 58° 51' 55" East 197.55 feet; thence continuing along the said right of way, along the arc of a circle, the radius of which is 367.10 feet, an arc distance of 233.98 feet; thence continuing South 84° 36' 56" East 670.53 feet to a point; thence along the arc of a circle, the radius of which is 360.00 feet, an arc distance of 220.78 feet; thence South 49° 28' 35" East 36.52 feet to a point; thence South 49° 46' 50" East 400.03 feet to a point; thence South 49° 35' 21' East 379.55 feet to a point; thence leaving the said fight of way and running thence South 38° 05' 10" West 266.38 feet to a pin; thence turning and running South 48° 42' 20" East 171.0 feet to a point; thence turning and running North 38° 05' 10' East 267.02 feet to a point in the southern side of the right of way of the Sandbridge Road; thence turning and running along the southern side of the right of way of the Sandbridge Road, South 48° 49' 57' East 160.24 feet to a point; thence South 49° 02' 35" East 996.39 feet to a point; thence along the arc of a circle, the radius of which xs 615.00 feet, an arc distance of 288.61 feet; thence South 22° 09' 19" East 92.21 feet to a point; thence along the arc of a circle, the radius of which is 815.00 feet, an arc distance of 102.29 feet; thence South 29° 20' 50" East 68.15 feet; thence South 28° 16' 50" East 78.60 feet to a point; thence South 24° 00' 24" East 69.87 feet to a point; thence South 20° 30' 50" East 72.00 feet to a point; thence South 12° 33' 50" East 32.39 feet to a point; thence South 07° 05' 07" East 549.55 feet to a point; thence along the arc of a circle, the radius of which zs 284.50 feet an arc distance of 166.1 feet to a point; thence South 26° 22' 00' West 320.10 feet to the point of beginning. 11 PREPARED BY ~[~ SYKES [~OI~RDON ~[~ AtlEt~N & [D~' PC Said parcel of land containing 296.545 acres and being shown on a certain plat of survey entitled "Survey of Property of D. B. Hill, et al, in Princess Anne Borough, Virginia Beach, Virginia, made by Bruce B. Gallup, Surveyor and dated September 24, 1975. Reference to said plat is hereby made for a more particular description of said property. GPIN: 2413-59-9454 CONCREZN/RIGANTO/HERITAGE/PROFFER7 REV 4/15/o2 12 - 54 - Item V-M. 5. PLANNING ITEM ii 51542 Upon motion by Vtce Mayor Jones, seconded by Councdman Maddox, City Council DEFERRED to the Ctty Counctl Sesston of August 26, 2003, Ordtnance upon apphcatton of SAIR ENTERPRISES, INC for a MODIFICATION ofa Condtttonal Use Permtt re an automobtle servtce statton (approved February 13, 2001) Or&nance upon apphcatton of SAIR ENTERPRISES, INC for a MODIFICATION ora Condtttonal Use Permit for an automobile service station tn conjunctton wtth a conventence store and storage yard (approved February 13, 2001) Property ts located at 3096 South Lynnhaven Road (GPIN 1497107039) DISTRICT 3 - ROSE HALL Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 12, 2003 - 55- Item V-M. 6. PLANNING ITEM # 51543 Attorney Edward Bourdon, Phone 499-8971,advised Stan Tseng has been owner of thts property for over 20 years In 1999, the apphcant had a stte plan approved by the City for a 40-umt condomtnmm on thts stte Mr Tseng dectded to watt and upgrade the project The stte plan was dtstrtbuted to Ctty Councd The umts are a mtntmum of 2200 square feet tn stze wtth values of $1/2-MILLIONand above Twelve (12) hve oak trees shall be preserved on the property Gary Mah, 2956 Buccaneer Road, Phone 961-9180, restdent of Lynnhaven Colony The following registered tn OPPOSITION: Wade Ogg, 3558 Shore Drtve #704, Phone 363-8442, represented the Board of Dtrectors of the Chesapeake House and dtstrtbuted concerns and requested Condtttons to be added Todd Solomon, 2260 Ftrst Landtng Lane, Phone 496-5833, represented the Shore Drtve Commumty Coahtton, submttted statement from the Coahtton, whtch ts hereby made a part of the record Jack Bryan, 4201 Blackbeard Road, Phone 409-6586, represented Bay Lake Ptnes Ctvtc League Ttm Solants, 3612 Dupont Ctrcle, Phone 464-4922, advtsed the Ocean Park Ctvtc League voted tn OPPOSITION Tracy Estep, 2230 Maple Street, Phone 481-2549, her father prevtously owned the property, dtstrtbuted coptes of Mtnutes from February 26, 1979 (W W Rose Change of Zomngfrom B-4 to R-8) Dr Ju&th Johnson, 3 739 Dupont Ctrcle, Phone 363-9798, legtslattve representattve of the Ocean Park Ctvtc League and Women's Club A MOTION was made by Vice Mayor Jones, seconded by Councd Lady McClanan, to DENY the Or&nance upon apphcatton of FORT WORTH DEVELOPMENT, INC. fora Condtttonal Use Permtt re multt-famdy Condommtum Vottng 5-6 (MOTION LOST TO A NEGATIVE VOTE) Councd Members Vottng Aye Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, and James L Wood Councd Members Vottng Nay Harry E Dtezel, Margaret L Eure, Jtm Reeve, Vdlanueva and Rosemary Wdson Councd Members Absent None Peter W Schmtdt, Ron A August 12, 2003 Item V-M. 6. - 56- PLANNING ITEM # 51543 (Continued) Upon motton by Counctlman Schmtdt, seconded by Counctl Lady Wtlson, Ctty Counctl ADOPTED, wtth REVISED Condtttons, Or&nance upon apphcatton of FORT WORTH DEVELOPMENT, INC. for a Condmonal Use Permit re multi-family Condomtmum ORDINANCE UPON AP PLICA TION OF FOR T WOR TH DE VEL OPMENT, INC. FOR A CONDITIONAL USE PERMIT RE MULTI-FAMILY CONDOMINIUM R080331117 BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of FORT WORTH DEVELOPMENT, INC. for a Conditional Use Permit re multi-family Condominium tn the B-4 Shore Drove Corrtdor Overlay Dtstrtct on the north stde of Shore Drive between Dmwtddte Road and DuPont Ctrcle (GPIN 1489590079) (DISTRICT 4- BA YSIDE) The followtng con&ttons shall be requtred The development of the stte Onclu&ng stte layout, tngress/egress, fence locatton and matertals, etc ) shall substanttally conform to the submttted plan entttled," Conceptual Stte Layout & Landscape Plan of Dupont Ctrcle Shore Drtve, Vtrgtnta Beach, VA, "prepared by MSA, P C, dated 2- 3-03, which has been exhtbtted to the Vtrgtnta Beach City Council and ts on file tn the Planntng Department The bmldtng shall be constructed as depicted on the rendering entttled, "Shore Drtve facade at Dupont Ctrcle "prepared by Howard Archttectural Presentattons, and the elevations entttled, "Dupont Ctrcle Condomtntums pages A 2, and A 7, "dated March 5, 2003, whtch have been exhtbtted to the Vtrgtnta Beach City Counctl and are on file tn the Planntng Department The Landscape Plan to be submttted durtng final stte plan revtew shall mtmtc the plan tdenttfied above tn Condttton 1 Any addtttonal planttng shall adhere to the Landscape Gmdehnes estabhshed tn the adopted Shore Drtve Corrtdor Plan, Appendtces Any trees tdenttfied to be saved shall be adequately protected wtth chatn hnk fenctng surroundtng the enttre tree at the drip hne unttl construction ss complete In addttton, a certified arbortst shall be present at the ttme of cleartng and shall pertodtcally tnspect the stte to ensure the health of the preserved trees 4 Identtficatton stgnage shall be monument style and shall adhere to all apphcable Shore Drtve Corrtdor Destgn Gutdehnes August 12, 2003 Item V-M. 6. -57- PLANNING ITEM # 51543 (Continued) ADDED REVISIONS AT REQUEST OF RESIDENTS OF THE CHESAPEAKE B~4 Y HO USE ON THE BA Y: 1 That a retatntng wall be constructed to protect the tntegrtty of the parktng garage of The Chesapeake House On The Bay That the developer and owners work wtth homeowners of The Chesapeake House on the Bay to tnstall a devtce to restrtct traffic flow through the parktng lot and drtveway of The Chesapeake House Thts Orchnance shall be effective tn accordance with Section 107 (f) of the Zoning Ordinance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twelfth of August, Two Thousand Three Voting 6-5 Counctl Members Vottng Aye Harry E. Dtezel, Margaret L Eure, dtm Reeve, Vtllanueva and Rosemary Wilson Peter W Schmtdt, Ron ,4 Counctl Members Vottng Nay Vice Mayor Louts R Jones, Reba $ McClanan, Richard .4 Maddox, Mayor Meyera E Oberndorf, and James L Wood Council Members Absent None August 12, 2003 - 58 - Item V-M. 7. PLANNING ITEM # 51544 Upon motton by Vtce Mayor Jones, seconded by Counctlman Maddox, Ctty Counctl ADOPTED an Or&nance upon appltcatton of VICTORY CHAPEL for a Condtttonal Use Permtt: ORDINANCE UPON APPLICATION OF VICTORY CHAPEL FOR A CONDITIONAL USE PERMIT FOR A CHURCH R080331118 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordmance upon apphcatton of Victory Chapel for a Conchttonal Use Permtt for a church on property located at 6644 In&an Rtver Road (GPIN 1456050942) DISTRICT 2 - KEMPSVILLE The followtng condtttons shall be requtred The asphalt area shall be resurfaced and remarked for standard parkmg spaces, wtth at least one (I) van accessible han&cap spaceproperly marked 2 The exterior of the butldtng shall be patnted an off-whtte color The extsttng nonconformtng stgn shall be removed prtor to the issuance of a Certtficate of Occupancy Any newfreestandtng stgn shall be monument style with a brick base All new stgnage shall adhere to all apphcable requirements wtthtn the Ctty Zontng Ordtnance A Certtficate of Occupancy shall be obtatnedfrom the Bmldtng Offictal's Office prtor to occupancy of the church 5 The maxtmum attendance at the church at any one time shall be 190 6 The Use Permtt shall be admmtstrattvely revtewed on an annual basts Foundation landscaptng shall be tnstalled along at least fifiy (50) percent of the faqade factng In&an Rtver Road Thts reqmrement may be met with the use of large planters Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 O~ of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twelfth of August, Two Thousand Three August 12, 2003 - 59- Item V-M. 7. PLANNING ITEM # 51544 (Continued) Voting 10-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L. Wood Counctl Members Vottng Nay None Counctl Members Abstamtng Vtce Mayor Louts R Jones Counctl Members Absent None Vtce Mayor Jones VERBALL Y ABSTAINED on Item M 7 (VICTORY CHAPEL), as hts Juneral home at 6568 In&an Rtver Road ts adJacent to the apphcant's property August 12, 2003 - 60- Item V-M. 8. PLANNING ITEM # 51545 Upon motton by Vtce Mayor Jones, seconded by Councdman Maddox, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of GATEWAY CHRISTIAN SCHOOL for a Condtttonal Use Permtt: ORDINANCE UPONAPPLICA TION OF GA TEWA Y CHRISTIAN SCHOOL FOR A CONDITIONAL USE PERMIT FOR A PRIVATE SCHOOL R080331119 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Gateway Chrtsttan School for a Condtttonal Use Permtt for a pnvate school on property located at 5 743 Vtrgtma Beach Boulevard (GPIN 14674 72600, 1467463886) DISTRICT 2 - KEMPSVILLE The followtng condtttons shall be requtred A total of four traders are permttted as shown on the stte plan entttled "Gateway Chrtsttan School" dated May 2003 by Patton Harrts& Rust Assoctates All traders shall be removed wtthtn five years of the date of approval of thts Condtttonal Use Permtt request The base of the traders shall be enclosed to prevent entry underneath the traders Foundation landscaptng shall be tnstalled and matntatned around the base of the traders, except where they are connected by a deck Locking devices acceptable to the Pohce Department shall be installed on all doors and windows of the traders The metal frame currently located tn the general area of the proposed traders shall be removed Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 (D of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgtnta, on the Twelfth of August, Two Thousand Three August 12, 2003 - 61 - Item V-M. 8. PLANNING ITEM # 51545 (Continued) Vottng 11-0 (By Consent) Counctl Members l/otmg Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and dames L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 12, 2003 Item V-M. 9. PLANNING ITEM # 51546 Upon motton by Vtce Mayor Jones, seconded by Councdman Maddox, Ctty Councd ADOPTED Ordinance upon apphcatton of CUSTOM STONE COMPANY for a Conditional Use Permtt ORDINANCE UPON APPLICATION OF CUSTOM STONE COMPANY FOR A CONDITIONAL USE PERMIT FOR BULK STORA GE R080331120 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Custom Stone Company for a Condtttonal Use Permtt for a bulk storage yard on property located at 2621 Quahty Court (GPIN 1496777137) DISTRICT 6 - BEACH The following conchttons shall be required The bulk storage areas shall be as shown on the stte plan entttled, "Prehmtnary Stte Plan for Bulk Storage Yard for Custom Stone Company" dated Aprtl 21, 2002 by NDI, L L C However, the chatn hnk fence wtth barbed wtre shown around the western bulk storage area shall not be permttted The fence shall comply with Article 3 3 of the City Landscaping Grade unless a vartance ts approved by the Board of Zomng Appeals Fenctng, landscaptng and hghttng shah be tnstalled tn accordance wtth Sectton 228 of the Ctty Zomng Ordtnance and the requtrements of the Stte Plan Ordtnance 3 The stte shall comply wtth apphcable stormwatermanagement requtrements Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgtnta, on the Twelfth of August, Two Thousand Three Vottng 11-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 12, 2003 Item V-M. IO. - 63 - PLANNING ITEM # 5154 7 Upon motton by Vtce Mayor Jones, seconded by Counctlman Maddox, Ctty Counctl ADOPTED, AS REVISED, TO INCLUDE OTHER ZONING AREAS WITHIN THE CITY. Resolutton to REFER to the Planntng Commtsston proposed amendments to Secttons 111, 233 1, 1501, 1511 and 1521 of the Ctty Zonmg Ordmance (CZO) re Conchttonal Use Permtts for sale of alcohol tn the RT-1, RT-2 and RT-3 Resort Tourtst Dtstmcts Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmtdt, Ron A VtIlanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 12, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Revised Version A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO SECTIONS 111, 233.1, 701, 901, 1001, 1110, 1501, 1511 AND 1521 OF THE CITY ZONING ORDINANCE, PERTAINING TO CONDITIONAL USE PERMITS FOR SALES OR SERVICE OF ALCOHOLIC BEVERAGES IN THE H-i, B-I, B-2, B-3, B-3A, B-4, I-l, I-2, PD- HI, RT-1, RT-2 AND RT-3 ZONING DISTRICTS WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: There is hereby referred to the Planning Commission, for its consideration and recommendation, proposed amendment to Sections 111, 233.1, 701, 901, 1001, 1110, 1501, 1511 and 1521 of the City Zoning Ordinance, pertaining to conditional use permits for sales of alcoholic beverages in the H-l, B-l, B-2, B-3, B-3A, B-4, I-l, I-2, PD-H1, RT-1, RT-2 and RT-3 Zoning Districts. A true copy of such proposed amendment is hereto attached. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 12th day of August, 2003. CA-8974 wmm\ordres\alcoholicbevreferres.wpd R-2 August 12, 2003 1 REVISED VERSION 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE TO AMEND SECTIONS 111, 233.1, 701, 901, 1001, 1110, 1501, 1511 AND 1521 OF THE CITY ZONING ORDINANCE, PERTAINING TO CONDITIONAL USE PERMITS FOR SALES OR SERVICE OF ALCOHOLIC BEVERAGES IN THE H-i, B-I, B-2, B-3, B-3A, B-4, I-l, I-2, PD-H1, RT-1, RT-2 AND RT-3 ZONING DISTRICTS SECTIONS AMENDED' City Zoning Ordinance Sections 111, 233.1, 701, 901, 1001, 1110, 1501, 1511 and 1521 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 111, 233.1, 701, 901, 1001, 1110, 1501, 1511 and 1521 of the City Zoning Ordinance are hereby amended and reordained to read as follows: Sec. 111. Definitions. For the purpose of this ordinance, words used in the present tense shall include the future; words used in the singular number include the plural and the plural the singular; the use of any gender shall be applicable to all genders; the word "shall" is mandatory; the word "may" is permissive; the word "land" includes only the area described as being above mean sea level; and the word "person" includes an individual, a partnership, association, or corporation. In addition, the following terms shall be defined as herein indicated: 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Alcoholic beverage· Alcohol, spirits, wine, beer, or any one or more of such varieties containing one-half of one percent or more of alcohol by volume, including mixed alcoholic beverages, and every liquid or solid, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed by a human beinq. Any liquid or solid containing more than one of the four varieties shall be considered as belonging to that variety which has the higher percentage of alcohol, however obtained, accordinq to the order in which they are set forth in this definition. · · · · Eating and drinking establishment or restaurant. A commercial establishment where food, beverages and meals are served and consumed, including any areas set aside for their storage or preparation. COMMENT The amendments add a definition of the term "alcoholic beverage" (essentially the same definition as appears in Virginia Code Section 4.1-100), and clarify that the term "restaurant" is used interchangeably with "eating and drinking establishment" in the City Zoning Ordinance. Sec. 233.1. Eating and drinking establishments serving alcoholic beverages. In addition to general requirements, eating and drinking establishments which serve alcoholic beverages, as defined in section 4-2 of the Code v~-= V~---~-~-~~, for on- ~ premises consumption and which are located within five hundred (500) feet of any residential or apartment district or have on-site parking within 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 three hundred (300) feet of any residential or apartment district, or which are located within the RT-1, RT-2 or RT-3 Resort Tourist District, shall be subject to the following requirements, which shall be deemed to be conditions of the conditional use permit: (a) Category VI landscaping shall be installed along any lot line adjoining a residential or apartment district without an intervening street, alley or body or water greater than fifty (50) feet in width. The fencing element of such landscaping shall not be less than six (6) feet nor more than eight (8) feet in height. Landscaping shall be maintained in good condition at all timesrL (b) The operation of such establishments shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, overflow parking and litterrL (c) Operators of such establishments shall not allow loitering or congregations of individuals in the parking lot or other exterior portions of the premises, except for areas in which the consumption of alcoholic beverages is specifically permitted by the terms of the establishment's Alcoholic Beverage Control license, and 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 shall keep all entrance and exit doors closed at all times of operation, except when patrons, employees or other persons are entering or exitinq the interior of the establishmentv; and (d) Such establishments shall be required to implement any other measures the city council deems necessary or appropriate to minimize noise or other potential adverse effects upon neighboring residential areas. A violation of any of the aforesaid requirements shall be grounds for revocation of the conditional use permit. COMMENT The amendment in Lines 50-51 strikes out the reference to the Virginia Code definition of "alcoholic beverage" in light of the addition of the definition to Section 111 of the City Zoning Ordinance. The amendments in Lines 79-$1 clarify that doors may be open when persons are entering or exiting the establishment. The amendment in Line 85 removes the limitation as to residential areas. Sec. 701. Use regulations (H-1 Hotel District). (a) Principal and conditional uses. The following chart lists those uses permitted within the H-1 Hotel District. Those uses and structures in the district shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the district. No uses or structures other than as specified shall be permitted. 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 Use Hotels and motels, provided that alcoholic beverages may be sold or served for on-premises consumption only by conditional use permit Hotels and motels where alcoholic beverages are sold or served for on- premises consumption H-1 (b) Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to principal uses and structures, including but not limited to' (1) Within the H-1 Hotel District, establishments for sale of gifts, clothing, drugs, photographic supplies, newspapers, and magazines and convenience goods, eating and drinking establishments and professional and personal service establishments; provided that- (i) such uses are accessory to hotels having fifty (50) or more dwelling or lodging units for sale or for rent; (ii) and provided further, that all such establishments shall be designed and scaled only to meet the requirements of occupants and their guests; (iii) and provided also that there shall be no evidence of the existence of such establishments from outside the property line; (iv) and provided finally that 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 the floor area occupied by such establishments shall not exceed twenty (20) percent of the floor area of the hotel or motel; and (v) alcoholic beveraqes shall not be sold or served for on- premises consumption as an accessory use. COMMENT The amendments prohibit the sale or service of alcoholic beverages for on-premises consumption in the H-1 Hotel District except by conditional use permit. Sec. 901. Use regulations (Business D~str~cts). (a) Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4 Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use Beverage manufacturing shops, which shall not exceed three thousand (3,000) square feet in floor area, provided that alcoholic beveraqes shall not be sold or served for on-premises consumption except by conditional use permit B-1 B-iA B-2 B-3 B-3A B-4 X X P P X P Eating and drinking establish- ments with drive-through windows, except as specified below X X P P X P 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 Use Eating and drinking establish- ments without drive-through windows, except as specified below Eating and drinking establish- ments where=~-~ ~ three of the ~ ~OWir~g OCC'dZ 1. Alcoholic alcoholic beverages are sold or servedT for on-premises consumption 2. The establ'shment~ is located within five hundred (500)feet of a z-esidential or apartment ~zstrict, 3. The establ=~shment excludes persons on the bas=-~o of age during any part of the day, or provides entertainment, audible from an adjoining property. Hotels and motels, provided that X alcoholic beveraqes shall not be sold or served for on-premises consumption except by conditional use permit Hotels and motels with increased lodging unit density and height, provided that the maximum density shall be one hundred and twenty (120) lodging units per acre, the minimum lot area shall be one acre and the maximum height shall be one hundred (100) feet; notwithstanding the above, no structure shall exceed the height limit established by section 202(b) regarding air navigation; and provided further, that alcoholic beveraqes shall not B-1 B-iA B-2 B-3 B-3A B-4 P P P P X P X X C C C C ? P X X X X X C 203 204 205 206 207 208 209 210 Us e be sold or served for on-premises consumption except by conditional use permit Outdoor cafes, except as provided below B-1 B-iA B-2 B-3 B-3A B-4 P P P P P P 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 Outdoor cafes where alco- holic beveraqes are sold or served for on-premises consumption Private clubs, lodges, social centers, eleemosynary estab- lishments and athletic clubsm provided that alcoholic bev- eraqes shall not be sold or served for on-premises consumption except by conditional use permit P P P P P P Sale or service of alcoholic beveraqes for on-premises consumption (b) Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to the principal uses and structures, including, but not limited to: (1) An accessory activity operated for profit in a residential dwelling unit where there is no change in the outside appearance 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 (2) of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one nonilluminated identification sign not more than one square foot in area mounted flat against the residence; where no traffic is generated, including traffic by commercial delivery vehicles, by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; where the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling unit is employed in the activity; where such activzty is conducted only in the principal structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the activity is specifically designed or conducted to permit no more than one patron, customer, or pupil to be present on the premises at any one time. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, tourist homes, massage or tattoo parlors, radio or televiszon repair shops, auto repair shops, or similar establishments. The service or sale of alcoholic beveraqes as an accessory use shall be prohibited within all districts. 259 260 261 262 COMMENT The amendments prohibit the sale or service of alcoholic beverages for on-premises consumption in all Business Districts except by conditional use permit, and specifically prohibit such sale or service as an accessory use. 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 Sec. 1001. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the I-1 and I-2 Industrial Districts. Those uses and structures in the respective industrial districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as speczfied shall be permztted. Use I-1 I-2 Eating and drinking establishments, except as specified below Eating and drinking establishments where all three of the following occur- I. Alcoholic alcoholic beverages are sold o__r servedT for on-premises consumption 2. The establishment ~o~- lo~a~=d within hundred {~0)~v feet of a residential or 3. The establ=shment~ excludes persons on the basis of age during any part of the day, or prov~d=o =~t===ainment audible from adjoining property. Hotels and motels, provided the following conditions are met: (i) Frontage shall be on a major or secondary street or highway; (ii) P P C C C X 10 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 the minimum lot size shall be forty thousand (40,000) square feet and a minimum lot width of one hundred fifty (150) feet; (iii) density regulations of the H-1 Hotel District shall apply; (iv) accessory uses shall be limited to eating and drinking establishments not sellinq or servinq alcoholic beveraqes for on-premises consumption, gift shops and travel agencies; (v) parking require- ments of at least one (1) space per one (1) lodging unit shall be provided in addition to the requirements for an accessory use; (vz) front yards shall have a minimum depth of thirty (30) feet and, except for necessary drive- ways, shall be maintained in landscaping and shall not be used for parking; (vii) signs shall conform to the sign requirements applicable within H-1 Hotel District regulations (b) Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to principal uses and structures, including, but not limited to, retail establishments, dwelling or lodging units for occupancy by owners, guards or caretakers; provided that such dwelling or lodging unzts shall be located above or behind principal uses in such a way that they do not interrupt commercial or industrial frontage. The sale or service of alcoholic beveraqes shall be prohibited as an accessory use within the district. COMMENT The amendments prohibit the sale or ser~ce of alcoholic beverages ~r on-premises consumption in the I-1 and I-2 Industrial Districts except by conditional use permit, and specifically prohibit such sale or service as an accessory use. 11 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 Sec. 1110. Land use regulation (PD-H1 Planned Unit Development District. (c) Within a PD-H1 District, all of the principal uses and structures permitted within an A-12 Apartment District other than hospitals and sanitariums, together with the following enumerated uses and structures, shall be permitted' (1) Fraternity and sorority houses, student dormitories and student centers; (2) Housing for seniors and disabled persons, with a conditional use permit; (3)Marinas; (4) Private clubs or social centers~ provided that clubs where conduct of commercial affairs is a principal activity shall not be permitted, and provided further that the sale or service of alcoholic beveraqes shall not be sold or served 343 344 345 346 347 348 349 350 351 for on-premises consumption except as specifically approved as part of the land use plan. (d) Other uses may be permitted if specifically approved as part of the plan, provided that the areas and structures occupied shall be so located and designed as to protect the character of the surrounding property and shall not, in combination, occupy more than five (5) percent of the land area of the district, and provided further that convenience establishments and shopping centers shall be subject to additional requirements as herein specified: 12 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 (1) Commercial areas of less than three (3) acres. (i) Such establishments and their parking areas shall not occupy more than two and one-half (2.5) percent of the land area of the development. (ii) Such establishments shall be limited to those principal uses permitted in the B-lA Business District. (iii) Such establishments shall be so located, designed and operated as to serve primarily the needs of persons within the district and not persons residing elsewhere. (iv) Off-street parking shall be required for all uses and structures permitted in accordance with section 203. Loading requirements shall be in accordance with section 204. (v) No building permit for any convenience establishment shall be issued nor may any building be used for a convenience establishment before building permits for at least one hundred (100) dwelling units within a radius of one thousand (1,000) feet of the proposed establishment have been issued. (2) Commercial areas of three (3) acres or more. (i) Such centers shall be included as an integral part of the PD-H1 District. (ii) Such centers shall have direct access to no less than a secondary street and shall be located and designed 13 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 4OO without creating congestion or traffic hazards on any street. (iii) Design of parking and service areas, entrances, exits, yards, courts and landscaping shall preserve the residential character of the PD-H1 District and of any adjoining residential district. (iv) Shopping center parking and service areas and accessways may serve other nonresidential uses in the vicinity, if such multiple use will not lead to congestion or the creation of hazards to pedestrian or vehicular traffic. (v) No building permit for any shopping center shall be issued prior to construction of at least two hundred fifty (250) dwelling units in the PD-H1 project. (vi) Off-street parking requirements shall be as specified in section 203. (vii) Such centers shall be limited to those principal uses permitted in the B-2 Community Business District. (e) The sale or service of alcoholic beverages for on-premises consumption shall not be allowed except as specifically approved as part of the land use plan. COMMENT The amendments prohibit the sale or service of alcoholic beverages ~r on-premises consumption in the PD-H1 District except as specifically approved as part of the land use plan. · · · 14 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 Sec. 1501. Use Regulations (RT - I Resort Tourist District) (a) Principal uses and structures: (1) Except as provided in sections 1501(b) (2) and 1501 (b) (4.1), hotels and motels, which may have in conjunction with them any combination of restaurants, outdoor cafes, retail commercial use and convention facilities, provided that uses in conjunction with hotels and motels may not occupy more than ten (10) percent of the floor area of all structures (excluding parking) located on the lot, subject to the following: (i) The structure enclosing the uses permitted in conjunction with hotels and motels shall be fully enclosed at all times by solid exterior walls and roof with no exterior opening, other than passage-way doors as may be required by the Virginia Uniform Statewide Building Code; (ii) Such enclosed structure shall be located entirely within the same structure enclosing the principal use; and (iii) No entrances or exit to a use permitted in conjunction with hotels and motels shall be located on the side of the structure facing the boardwalk, unless such entrance or exit provides access to a courtyard or intervening open area, in which case such open area shall be fully fenced or walled to a height of at least four (4) feet and without any entrances or exits facing the boardwalk. The only exceptions to this condition apply to boardwalk cafes as permitted by special regulations established in franchise agreements approved by city council. 15 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 (iv) Parking structures shall be permitted in conjunction with hotels and motels provided that ground level parking fronting Atlantic Avenue, the boardwalk, or any public park or open space is prohibited except for necessary access drives and ramps. (b) hereinafter specified, C of article 2 hereof' (2) Conditional uses and structures: Uses and structures subject to compliance with the provisions of part Restaurants operated and servinq alcoholic beveraqes following occur; provided, however, facilities shall not be permittedt con]unction with hotels or motels where both of the that drive-through Alcoholic beverages are served; Th= =o~bl~-hment age during any part of the day. (ii) on the basis of (4.1) Retail sales of alcoholic beveraqes. COMMENT The amendments (1) change the existing ordinance by requiring a conditional use permit for any restaurant in a hotel or motel in the RT - 1 Resort Tourist District which serves alcoholic beverages, irrespective of whether or persons are excluded on the basis of age during any part of the day; and (2) require conditional use permits for all retail sales of alcoholic beverages. 16 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 Sec. 1511. Use regulations(RT-2 Resort Tourist District). (a) Principal uses and structures: For parcels less than fourteen thousand (14,000) square feet in size, any one of the following is allowed; provided, however, that drive-through facilities and sales of alcoholic beveraqes shall not be permitted as a principal or accessory use' (8) Eating and drinking establishments, except as specified in subsection (c) (6); (14) Private clubs, lodges, social centers, eleemosynary establishments and athletic clubs, provided that alcoholic beveraqes may be served only by conditional use permit; and (17) Retail establishments, except as provided in section 1511 (c) (16.1), including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult bookstores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single- or multiple-family dwelling, church, park or school. 17 478 479 48O 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 For parcels greater than fourteen thousand (14,000) square feet, any one of the following additional uses is allowed: (19) Motels and hotels which may have in conjunction with them any combination of restaurants, retail commercial use and convention facilities, provided that uses in con]unction with hotels and motels may not occupy more than ten (10) percent of the floor area of all structures (excluding parking) located on the lot; provided, further, that drive-through facilities shall not be permitted as a principal or accessory use and that sales of alcoholic beveraqes shall be permitted only by conditional use permit. For parcels greater than forty thousand (40,000) square feet, any of the above permitted uses may be used in combination on the same zoning lot with other permitted uses. COMMENT The effect of the amendments is to proh~it the sale of alcoholic beverages in the RT-2 Resort Tourist District as a principal permitted (£~, o~right) use. All such sales require a conditional use permit under the provisions of subsection (c). (b) Accessory uses and structures: Uses and structures which are customarily accessory and clearly incidental and subordinate to the principal uses and structures; provided, however, that drive-through facilities and sales of alcoholic beveraqes shall not be permitted as accessory uses: 18 504 5O5 506 507 5O8 509 510 511 512 513 514 515 516 517 518 519 520 COMMENT The amendments prohibit sales of alcoholic beverages as an accessory use in the RT-2 Resort Tourist District. (c) Conditional hereinafter specified, C of article 2 hereof; provided, however, subdivision (5.5), drive-through facilities conditional or accessory use: uses and structures: Uses and structures subject to compliance with the provisions of part that except as set forth zn shall not be permitted as a (6) Eating and drinking establishments where both of the following (i) Alcoholic alcoholic beverages are servedT (ii) The establishment excludes persons on the basis of age during any part of the day; (13.8) Private clubs, establishments and lodges, social centers, eleemosynary athletic clubs which serve alcoholic 521 522 523 524 525 526 527 528 529 530 (16.1) beverages; Retail sales of alcoholic beverages; COMMENT The amendments change the existing ordinance by requiring a conditional use permit for all sales of alcoholic beverages in the RT - 2 Resort Tourist District, either for on - premises or off- premises consumption. Sec. 1521. Use regulations (RT-3 Resort Tourxst District). (a) Principal uses and structures: For parcels less than twenty thousand (20,000) square feet in size, any one (1) of the following is 19 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 allowed; provided, however, that except as provided in subdivision (5.5) of subsection (c), drive-through facilities shall not be permItted in any portion of the district: (9) Eating and drinking establishments, except as specified in subsection (c) (6); (15) Private clubs, lodges, soczal centers, eleemosynary establishments and athletic clubs, provided that alcoholic beveraqes may be served only by conditional use permit; · . (18) Retail establishments, except as provided in section 1521 (c) (16.1), including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult bookstores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single- or multiple-family dwelling, church, park or school. For parcels greater than twenty thousand (20,000) square feet, any of the following additional uses are allowed and may be used in combination with any of the permitted uses listed above: 20 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 58O 581 582 (20) Motels and hotels which may have in conjunction with them any combination of restaurants, retail commercial use and convention facilities, provided that uses in conjunction with hotels and motels may not occupy more than ten (10) percent of the floor area of all structures (excluding parking) located on the lot, and provided further, that drive-through facilities shall not be permitted as a principal use in any portion of the district east of Arctic Avenue, south of Winston-Salem Avenue and 4th Street, or north of 35th Street and that sales of alcoholic beveraqes shall be permitted only by conditional use permit. (b) Accessory uses and structures: Uses and structures which are customarily accessory and clearly incidental and subordinate to the principal uses and structures; provided, however, that drive-through facilities and sales of alcoholic beveraqes shall not be permitted a__s accessory uses: (c) Conditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions of part C of article 2 hereof; and provided, that except as set forth in subdivision (5.5), drive-through facilities shall not be permitted as a conditIonal or accessory use in any portion of the district east of Arctic Avenue, south of Winston-Salem Avenue and 4th Street, or north of 35th Street: 21 583 (6) Eating and drinking establishments where both of the following 584 585 586 587 588 589 590 591 592 593 ~ Alcoholic alcoholic beverages are served; (~_~ m=.~.= =o--tablishment excludes persons on the ba-:so~ of age during any part of the = 3 COMMENT The amendments change the existing ordinance by requiring a conditional use permit for all sales of alcoholic beverages in the RT - 3 Resort Tourist District, either for on-premises or off-premises consumption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2003. CA-8887 wmm\ ordre s \al cohol i cbevordinrev, wpd August 12, 2003 R-2 22 Item V-N. 1. APPOINTMENTS ITEM # 51548 BY CONSENSUS, Ctty Councd RESCHEDULED the following APPOINTMENTS: PARKS AND RECREATION COMMISSION TIDEWATER REGIONAL GROUP HOME COMMISSION ~4ugust 12, 2003 - 65 - Item V-N.2. APPOINTMENTS ITEM # 51549 Upon NOMINATION by Vtce Mayor Jones, Ctty Counctl APPOINTED: Rodney Voelker 3 Year Term 7/01/03 - 6/3 0/06 BEACHES AND WA TER WA YS COMMISSION Vottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Voting Nay None Counctl Members Absent None August 12, 2003 - 66- Item V-N.3. APPOINTMENTS ITEM # 51550 Upon NOMINATION by Vice Mayor Jones, City Counctl REAPPOINTED: Robert E. Fentress Robert F. Hagans, Jr. 09/01/03 - 08/31/07 APPOINTED Max ¢. Bartholomew, Jr. $. Paul Michels Gerrold L. Miller Elizabeth "Boo" Twohy 4 year term 0 7/01/03 - 6/3 0/0 7 VIRGINIA B EA CH DE VEL OPMENT AUTHORITY (Addtttonal four to make eleven tn accordance wtth new State Code effecttve 7//1/03) Vottng ] 1-0 Council Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, non A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Vottng Nay None Councd Members Absent None August 12, 2003 - 67- Item V-N. 4. APPOINTMENTS ITEM # 51551 Upon NOMINATION by Vtce Mayor Jones, Ctty Council APPOINTED: Eugene Lanning 3 year term Unexpired to 12/31/03 Plus 3 years 01/01/04 - 12/31/06 FRANCIS LAND HOUSE BOARD OF GOVERNORS lZottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtclt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members I/ottng Nay None Counctl Members Absent None August 12, 2003 - 68- Item V-N. 5. APPOINTMENTS ITEM it 51552 Upon NOMINATION by Vice Mayor Jones, Ctty Counctl REAPPOINTED: James L. Wood 2 year term 09/01/03 - 06/3-/05 (Changed expiration date to June 30 since all other HRPDC appointments expire in June) HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) Vottng 11-0 Council Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt. Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Council Members Absent None August 12, 2003 - 69- Item V-N. 6. APPOINTMENTS ITEM # 51553 Upon NOMINATION by Councdman Vtllanueva, Ctty Councd APPOINTED: Prescott Sherrod Alonzo Brandon 2 year term 06/01/03 - 05/30/05 MINORITY BUSINESS CO UNCIL Vottng 11-0 Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary l~tlson and James L }Vood Councd Members Vottng Nay None Councd Members Absent None August 12, 2003 - 70- Item V-N. 7. APPOINTMENTS ITEM # 51554 Upon NOMINATION by Vtce Mayor Jones, Ctty Counctl REAPPOINTED: Patrick R. Deans Charles E. Flowers Sandra J. Tainter 3 year term 09/01/03 - 08/31/06 Missy Jackson (Student for ONE YEAR 09/01/03 - 05/31/04) APPOINTED: Ernestine Middleton Michael Cloud Butler 09/01/03 - 08/31/06 PUBLIC LIBRARY BOARD Vottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 12, 2003 - 71- Item V-N. 8. APPOINTMENTS ITEM # 51555 Upon NOMINATION by Vtce Mayor Jones, Ctty Counctl REAPPOINTED: David S. Redmond 3 year term 09/01/03 - 8/31/06 REVIEW AND ALLOCATION COMMITTEE- COG Vottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 12, 2003 72- Item V-N. 9. APPOINTMENTS ITEM ii 51556 Upon NOMINATION by Vtce Mayor Jones, Ctty Councd APPOINTED: Jim Arnold 3 year term 07/01/03 - 06/30/06 SHORE DRIVE AD VISOR Y COMMITTEE Vottng 11-0 Council Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent None August 12, 2003 Item V-N. I O. APPOINTMENTS - 73- ITEM # 5155 7 Upon NOMINATION by Mayor Oberndorf, Ctty Counctl APPOINTED: SENTARA TRAUMA CENTER TASK FORCE Judith Allison Dr. Edward Brickell Patrick C. Devine, Jr. Dr. W. Andrew Dickinson, H Steve Johnson Richard Kline Dr. Mitchell B. Miller The Honorable Harry R. Purkey The Honorable Frank tV. Wagner Patrician Ann Warner Liaisons Councilman Harry E. Diezel Council Lady Margaret L. Eure Council Lady Rosemary Wilson Voting 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 12, 2003 Item V-O. AD JO URNMENT ITEM # 51558 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 10 07 P M Beverly 0 Hooks, CMC Chtef Deputy Ctty Clerk , MMC City Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnia Beach Vtrgtnta August 12, 2003