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Home My WebLink AboutOCTOBER 28, 2003 MINUTESCITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large V1CE MAYOR LOUIS R JONES, Baystde -Dtstrtct 4 HARRY E DIEZ, EL, Kempsvdle -Dtstrtct 2 MARGARET L EURE, Centervtlle -Dtstrtct 1 REB4 S McCLANAN, Rose Hall -Dtstnct 3 RICHARD A MADDOX, Beach -Dtstrtct 6 JIM REEVE, Prmcess Anne -Dtstrtct 7 PETER W SCHMIDT, At-Large RON A VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L WOOD, Lynnhaven -Dtstrtct 5 JAMES K SPORE, C~ty Manager LESLIE L LILLEY, C~ty Attorney RUTH HODGES SMITH, MMC, City Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDJNG 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456~8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl@vbgov eom October 28, 2003 CITY MANAGER'S BRIEFINGS -Conference Room- 2:00 PM mo CAPITAL IMPROVEMENT PROGRAM (CIP) PROCESS and FINANCING REVIEW Catheryn Wh~tesell, Director, Department of Management Services g. TAX REFORM Robert Matth~as, Assistant to the City Manager Co CONDITIONAL USE PERMIT PROPOSAL re ALCOHOLIC BEVERAGES Leslie Ldley, City Attorney Karen Lasley, Zoning Administrator 1I. REVIEW OF AGENDA ITEMS llI. CITY COUNCIL COMMENTS IV INFORMAL SESSION -Conference Room- 4:30 PM mo Bo CALL TO ORDER- Mayor Meyera E Oberndorf ROLL CALL OF CITY COUNCIL C RECESS TO CLOSED SESSION i I V. FORMAL SESSION A CALL TO ORDER- Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Fred Devan Grace Community Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS October 14, 2003 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. PUBLIC HEARING 1 FY 2004-05 OPERATING BUDGET and CAPITAL IMPROVEMENT PLAN (CIP) J. PUBLIC COMMENT FY 2004-05 OPERATING BUDGET - Preliminary Priorities Presentation: Catheryn Whltesell, Director, Department of Management Services K. ORDINANCES/RESOLUTIONS Ordinance to AMEND § 27-3 and REPEAL § 38-6 of the City Code re weapon purchase permits. Ordinance to AUTHORIZE the City Manager to exercise the option between the City and Branwmk Corporate Center L.L.C, to repurchase 11.764 acres of real property on the northeast side of Bonney Road, by REFUNDING $1,200,000 from "Community Services Board Complex Land Acqmsltlon" I I L. PLANNING o RECONSIDERATION: Application of FORT WORTH DEVELOPMENT, INC. for a Condtttonal Use Permtt re a multi-family Condominium in the B-4 Shore Drive Corridor Overlay District at Dinwlddie Road and DuPont Circle (approved August 12, 2003) (DISTRICT 4- BAYSIDE) Staff Recommends: Planning Commlsslon Recommends: DENIAL APPROVAL Application of the CITY OF VIRGINIA BEACH re disconttnuance, closure and abandonment of a portion of Honeygrove Way, south of East Honeygrove Road between Donation Drive and Independence Boulevard. (DISTRICT 4 - BAYSIDE) Recommendation: APPROVAL o Application of CAVALIIgR GOLF & YACHT CLUB re dtsconttnuance, closure and abandonment of the cul-de-sac at the eastern terminus of Tanager Trail (DISTRICT 5 - LYNNHAVEN) Recommendation: DEFERRAL . Vartance to § 4 4(b) of the Subdivision Ordinance to subdivide the existing one parcel into two (2) with a flag lot for JEFFERY L. BAKER, at 936 East Sparrow Road. (DISTRICT 2 - KEMPSVILLE ) Applicant and Staff Request: Planning Commission Recommends: WITHDRAWAL DENIAL o Variance to § 4.4(b) of the Subdivision Ordinance to allow a residential dwelling without public access for WILLARD P. ORR, at 1557 Indian River Road (DISTRICT 7 - PRINCESS ANNE) Staff Recommends: Planning Commission Recommends: DENIAL APPROVAL Apphcatlon of CRAB CREEK HOMEOWNERS ASSOCIATION, INC. for a MODIFICATION of Condtttons on a Condmonal Use Permit for a community boat dock (approved by City Council October 24, 2000) to increase the boat length from twenty-six (26) feet to thirty-five (35) feet at 2096, 2098, 2092, 2094 Tazewell Road and 3557, 3559, 3561, 3563 Piedmont Circle. (DISTRICT 4 - BAYSIDE) Recommendation APPROVAL , Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Change of Zonmg Dtstrict Classt_fication from AG-2 Agricultural District and R-10 Residential District to Conditional R-7.5 Residential District at 960, 964 and 966 Old Dam Neck Road ( DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROVAL o Application of NEAR POST, L.L.C. for a Change of Zomng District Classtficatton from H-1 Hotel District, B-2 Business District, B-1 Business District and R-40 Residential District to Conditional A-36 Apartment D~stnct at 1020 and 1040 Laskln Road and a portion of Parcel A on Oriole Drive. (DISTRICT 5 - LYNNHAVEN) Recommendanon: APPROVAL Applications of ALCAR, L.L.C. on the north side of Nimmo Parkway (unimproved), west of Rocklngchalr Lane. (DISTRICT 7 - PRINCESS ANNE) ao Change ofZonmg Distrtct Classiftcatton from AG-1 and AG-2 Agricultural Districts to Condmonal R-10 Residential District b. Condtttonal Use Permtt for Open Space Recommendation APPROVAL 10. Applications of MALBON BROS. PETROLEUM, L.L.C. on the northeast corner of General Booth Boulevard and Culver Lane (DISTRICT 7 - PRINCESS ANNE) ao MODIFICATION o_fCondtttons to applications of Eight D Corp. for a Conditional Zoning and Conditional Use Permit (approved by City Council on April 27, 1993) at 1896 General Booth Boulevard Change o_fZontng Dzstrtct Classt_ftcation from AG-2 Agricultural District to Conditional B-2 Community Business District c Conditional Use Permit re a car wash Recommendation APPROVAL MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 28 October 2003 Vtce Mayor Louts R Jones called to order the Ctty Manager's Brtefing re CAPITAL IMPROVEMENT PROGRAM (CIP) PROCESS and FINANCING REVIEWm the Ctty Counctl Conference Room, Ctty Hall, on Tuesday, October 28, 2003, at 2 O0 P M Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A Maddox, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Absent Reba S McClanan Mayor Meyera E Oberndorf [Death of Mother, October 25, 2003, Attendtng Funeral tn Kentucky] [Entered 2 20 P M /Attendtng Sentor Servtces Southeast Vtrgtnta on Agtng at Constant Center] Counctl Lady McClanan's Mother, Goldte Salyers, wtll be at Hall Funeral Home, Marttn, Kentucky Vtewmg- Thursday, October 30, 2003 Funeral- Frtday, October 31, 2003 -2- CITY MANA GER 'S BRIEFING CAPITAL IMPROVEMENT PROGRAM (CIP) PROCESS and FINANCING RE VIEW 2:00 P.M. ITEM # 51810 Catheryn R Whttesell, Dtrector- Management Servtces, advtsed tntrtcate to the Ctty's abthty to dehver servtces to the pubhc, ts adequate public infrastructure as roads, schools, parks, recreation, and beaches Vtrgtnta Beach annually adopts a 6-year Capttal Improvement Program supportmg the Ctty Counctl's vtston and prtormes These projects are generally large constructton projects or major pteces of eqmpment The Capital Improvement Program defines the needs, estabhshes prtortttes, plans fundtng and anttctpates the tmpacts of openmg new factltttes on the Operattng Budget The Capttal Improvement Program ts an tncremental plan whose projects do not substanttally change from year to year, unless there are changes tn Ctty Counctl prtortttes or revenue streams The Capital lmprovement Program contains nine (9) basic types of projects: schools, roadways, buildings including technology and equipment, parks and recreation, water and sewer facilities, stormwater, coastal and economic and tourism These projects are then asstgned to one (1) of the seven (7) City Counctl business areas The Ctty Councd adopts the Resource Management Plan tn May of each year Thts document contatns both the Operattng Budget and the Capttal lmprovement Program The Operattng Budget wtll contatn the cost assoctated wtth a new facthty, constructed through the Capttal Improvement Program, and wtll also contatn the debt servtce payments made to support financtng of that project Increases tn programming or servtce demands wtthtn the Operattng Budget may drtve the need for addtttonal Capital Programs Examples encompass General Booth Ftre Statton reqmrtng twenty-seven (27) new fire fighters and eqmpment, Prtncess Anne Library requtrtng thtrty-nme (39) new hbrartans and support staff, and, the duventle Detentton Facthty currently under construction wtll requtre etghty (80) addtttonal staff In addttton to the staffing requtrements of these projects, these facthttes wtll generate over SI-MILLION a year in debt service payments through the Operating Budget. CIP Purpose &x-year systemattc plan of pubhc tnfrastructure tmprovements valued more than $50,000 and taktng more than one year to complete Purchase or constructton of a capttal asset Rehabthtatton, renovatton or expanston of extsttng assts to tncrease useful hfe, value, or servtce capactty Reflects Ctty Counctl's fiscal and program pohctes Approved by City Council From September through November, Managing agenctes wtth Revtew Teams from each Juncttonal area prtortttzeprojects wtthtn that year 's fundtng These Revtew Teams are comprtsed of stafffrom the managtng agency, stakeholder agency t e Ltbrartes, Department of Pubhc Works and the Department of Management Servtces Each team wtll use a defined set of crtterta to prtortttze the need for projects From December through, Management Services reviews all submttted projects for cost, scope of the project and wtll co- ordtnate wtth the departments to fine tune each request ProJects are also compared to other stmtlarprojects tn other communtttes to determtne tf tn hne wtth the cost structure October 28, 2003 -3- CITY MANA GER 'S BRIEFING CAPITAL IMPROVEMENT PROGRAM (CIP) PROCESS and FINANCING REVIEW ITEM # 51810 (Continued) New to thts process ts the utthzatton of a Capttal Improvement Plan Caucus group comprtsed of the Chtef of Staff Chief Information Officer, Chief Finance Officer and the Chief Operating Office~; Pubhc Works, Parks and Recreatton, Communications and Informatton Technology, Economtc Development, Conventton and Vtsttor Bureau, the Pohce Department, Planntng and Agriculture The Caucus group wtll revtew and prtortttze projectsforfundmg and make a recommendatton to the Ctty Manager for any projects that may need to be moved tnto addtttonal fundtng status The only actual approprtated portton of the Capttal Improvement Program ts Year One The other years encompass planntng TIMELINE AND DECISION POINTS August 15, 16 Ctty Councd Retreat September 8 CIP process begins and annual funding allocations provtded October 16 October 28 October 28 Communtty Budget Meettng CIP Brtefing to Ctty Counctl Pubhc Comment on Operating and Capttal Budget November 18 Frye-year forecast brtefing to Ctty Counctl and School Board January CIP Caucus recommendattons March 30 Proposed Resource Management Plan presented to Ctty Counctl Aprtl Counctl workshops and pubhc hearmgs May Reconcthatton and adoptton by Ctty Counctl CIP Ranking Criteria ProJects hnkage to Counctl Vtston, Prtortttes, Ctty Mtsston and Pohctes (e g Comprehenstve Plan, Master Transportatton Plan, Outdoors Plan, etc ) Other crtterta approprtate to project type Pubhc Health and Safety Servzce and Benefit Budget Impact Economtc Effect Leveragtng of Pubhc &Prtvate Investment Brtdge Structural Analysts Mandates Urgency of Need Quahty of Ltfe Return on Investment Effect on Regton Roadway Backlog Roadway Network Ltnkage October 28, 2003 -4- CITY MANA GER 'S BRIEFING CAPITAL IMPROVEMENT PROGRAM (CIP) PROCESS and FINANCING REVIEW ITEM # 51810 (Continued) SUMMARY OF CIP EXPENDITURES FY 2004 - FY 2009 Functional Category Total ($) Percent Schools $ 426 6-MILLION 23 17% Economtc& Tourism* $ 352 9-MILLION 19 17% Roadways $ 306 I-MILLION 16 63% Buildings (including Commumcattons and $ 303 6-MILLION I6 49% Information technology Water & Sewer $ 173 6-MILLION 9 4.3% Parks and Recreatton $ 117 2-MILLION 6 3 7°./o Storm Water $ 81 9-MILLION 4 45% Coastal $ 79 O-MILLION 4 29% TOTAL $1,840 9-MILLION 1 O0 00% *Approxtmately $200-MILLION ts for the Conventton Center and $45-MILLION for the Beach Eroston Control and Hurrtcane Protectton Project SUMMARY OF CIP FINANCING FY 2004 - FY 2009 Means of Ftnanctng Debt Pay-As- You- Go State Contrtbutton Fund Balance Other Locahttes Sale of Property Prtvate Contrtbutton Federal Contrtbutton Total $1,008 3-MILLION $ 4762-MILLION $ 146 5-MILLION $ 135 6-MILLION $ 27 3-MILLION $ 18 8-MILLION $ 16 8-MILLION $ 11 2-MILLION Percent of Total 54 77% 25 87% 7 96% 7 36% 1 48% 1 02% 0 91% 0 61% Other Sources $ 21-MILLION 0 O1% TOTAL $1,840 9-MILLION 100 00% Capital Budget 86 O-MILLION 42 6-MILLION 16 O-MILLION 10 i-MILLION 7-MILLION 8 3-MILLION 15 O-MILLION 2 9-MILLION 0 $181 6-MILLION October 28, 2003 -5- CITY MANA GER 'S BRIEFING CAPITAL IMPROVEMENT PROGRAM (CIP) PROCESS and FINANCING REVIEW ITEM # 51810 (Continued) Pay-Go vs Debt Financing FY2004 CIP tncludes $33-MILLION of General Fund Pay-Go $33-MILLION per year wtll finance $393 2-MILLION of Bonds (@ 5 50% for 20 years) Over 20 years, total tnterest costs on bonds = $266 2-MILLION, or $13 3-MILLION per year Debt financtng wtll advance constructton as well as operattng and matntenance costs Pay-go wtll allow for great flextbthty tn controlhng costs and commitments &nce 1993, the followmgfun&ng sources for Capital Improvement ProJects have been added Dedication of Cigarette Tax Law Enforcement 599 Funds Fire Programs Funds State Lottery Funds The trend tn reducing dependence on long term debt financmg ts viewed favorably by the Rattng Agenctes and has been tnstrumental tn the Ctty's recetvtng favorable bond rattngs The FY 2003-04 through 2008-09 Capital Improvement Program Requested But Not Funded Project Listing was dtstrtbuted to Ctty Counctl Thts hst encompasses 132proJects wtth an esttmated cost of $1.3- BILLION Roadways, Bmldmgs and Schools have the greater number of backlog projects (mvolvmg renovatton, rehabthtatton, expanston and replacement of extsttng mfrastructure) October 28, 2003 -6- CITY MANA GER 'S BRIEFING TAX REFORM 2:40 P.M. ITEM # 51811 The Ctty Manager advtsed the Commission on Revision of the Virginia State Tax Code, comprtsed of both houses of the General Assembly are brtngmg forward recommendattons The Possible Tax Reform in Virginia - Implications to the City of Virginia Beach, a study by the Hampton Roads Planntng Dtstrtct Commtsston (HRPDC) was dtstrtbuted to Ctty Counctl and ts hereby made a part of the record Robert Matthtas, Asststant to the Ctty Manager, advtsed the Commission on Revision of the Virginia State Tax Code of the Streamline Sales Tax Project Agreement was estabhshed during the 2004 General Assembly Sesston Thts Commtsston has been meeting monthly for approxtmately 6 or 7 hours per day Vartous subcommtttee meettngs have also been conducted Common Sense Budget Outlook FY 2005 FY 2006 Btenntum Current offictal General Fund $ 11,885 1 $12,459 4 $ 24,344 5 Revenue Forecast (12/02) (4 8%/yr) Lottery and Other Transfers $ 495 4 $ 495 4 $ 990 8 Total General Fund Resources $ 12,380 5 $12, 954 8 $ 25,335 3 Available General Fund Operating $12,472 1 $12,472 1 $ 24,944 2 Approprtattons for FY 04 Avatlable to Cover all new costs ~$ 91 6 > $ 482 7 $ 391 1 Note Includes no salary adjustment Known Budget Issues Pubhc Educatton Htgher Educatton Health and Human Resources Transportation - $2-BILLION unfunded annual need Pubhc Safety State Employee and Teacher Salary Increases - Each 1% increase for State employees cost $2 7-MILLION Other Vtrgmta Rettrement System Just complying with the extsttng Standards of Quality (SOL's) are going to cost an additional $500- MILLION tn the next Btenntum The State has cut approximately $600-MILLION in Higher Education tn the last two years The State Police radio system needs replacement at a cost of approxtmately $200- MILLION. October 28, 2003 -7- CITY MANA GER 'S BRIEFING TAX REFORM ITEM # 51811 (Continued) Options Used This Biennium Not Available For The Upcoming Biennium Rainy Day Fund Large Intergovernmental Transfer for Mechcald Vtrginta Retire System (VRS) Dormant Accounts Bonds in place of cash for Capttal Outlay FRANs for Transportation Sales Tax Acceleration Tax Amnesty Sale of Houslng Loan Portfolio Tax Comphance Inlttatlve Delegate Waterbach has proposed Proposed Income Tax Rates Individual Income Rate Tables Vtrgtnia Taxable Income Level &ngle Taxpayer Tax Rate Marrted Taxpayer Tax Rate $ 0 - $14,999 0 % 0 % $15,000 -$24,999 35 % 0 % $25,000 -$29,999 4 % 0 % $30,000 -$49,999 55 % 55% $ 50, 000 and above 6 25% 6 25% Example If your taxable income $90,000 - then your tax would be $4,150 (4 6% margmal tax rate) The Revenue Impact would cost the State tn FY 2005 approximately $500-MILLION Means Testing the Age Deduction* FAGI Age 62-64 Age 65 and Above $ 0- $34,999 $ 6,000 $12,000 $ 35, 000 - $49,999 $ 3, 000 $ 6, 000 $ 50, 000 and above $ 0 $ 0 *The deduction would be based on federal adjusted gross income for each taxpayer Frojotnt and separate filers, Federal AdJusted Gross Income (FAGI) would be used on a combmed basis In FY 2005, the impact of this proposal would result tn $190 80 esttmate Revenue in FY2005 October 28, 2003 -8- CITY MANAGER'S BRIEFING TAX REFORM ITEM # 51811 (Continued) Expansion of Sales Tax Net Impact Revenue from a 4% sales tax (.5% lower than current rate) on all goods and services with no tax exemptions, except for items included in the Group 1 Government and Commodities Exemptions ($1.1-BILLION per year not received): Revenue from a 4% sales tax $ 5 2-BILLION Current state and local revenue from 4 5% tax $ 3 4-BILLION Esttmated addtttonal Annual Revenue $ 1 &BILLION State Share $675,000,000 Transportation Share $225,000,000 Impacts on Virginia Beach BPOL (Bustness Professtonal Occupational License) - 2003 Revenues - $29,214,895 - Average Annual Growth 5 1% Expansion of Sales Tax Base - 2003 Revenue - $41,782,279 - 1% on Poznt of Sale - $100,000,000 - 2003 School Revenue - $51,447,371 - 1% on School Age Populatton- $123,000,000 Impacts on Virginia Beach Net Effect on General Fund and Schools if Expanded Base is in Effect Expanded Tax Base FY2002-03 Current General Sales $ 41,782,279 (subtract) FY 2002-03 BPOL $ 29,214,895 (subtracO Net effect on schools $100, 000, 000 Net New Sales Tax Revenue $ 58,217,72I Net Increase $ 29,002,826 $ 71,552,629 Revenue from expanded sales tax $100,000,000 (Vtrgtnta Beach's esttmated proportton of 2003 $1 8- BILLION net sales tncrease) October 28, 2003 -9- CITY MANAGER'S BRIEFING TAX REFORM ITEM # 51811 (Continued) Mr Matthtas advised relattve other issues, dtscusston has entailed relattve the vtabthty and need of Constttuttonal Officers and whether the State should assume 100% cost of Soctal Servtces, Health Department, Courts and the dads Other Issues Roles and Responsibilities Transportation Revenues Telecommunication Tax Reform Sales Tax on Food Streamlined Sales Tax Project Complete Car Tax Relief Phase-ln Mayor Oberndorf advtsed the Annual Legislative Reception (General Assembly Delegatton, Vtrgtnta Beach Ctty Counctl, Vtrgtnta Beach School Board) wtll be conducted Monday, November 17, 2003, 6 O0 - 9 O0 P M at the Department of Economtc Department of Economic Development (Town Center Bmldtng, Tenth Floor) October 28, 2003 -10- CITY MANAGER'S BRIEFING CONDITIONAL USE PERMIT PROPOSAL re ALCOHOLIC BEVERAGES 3:23 P.M. ITEM # 51812 The Ctty Attorney referenced proposed Legislation re Conditional Use Permits for establishments selling alcoholic beverages. On August 12, 2003, City Council, ADOPTED, AS REVISED, to include other zoning areas within the city. Resolutton to REFER to the Planmng Commtsston proposed amendments to Secttons 111, 233 1, 1501, 1511 and 1521 of the Ctty Zonmg Ordmance (CZO) re Condtttonal Use Permits for sale of alcohol tn the RT-1, RT-2 and RT-3 Resort Tourtst Dtstrtcts Any estabhshment tn the Resort Area would requtre a Condtttonal Use Permtt to sell alcohohc beverages on or off premtses Any estabhshment tn the rematntng zontng dtstrtcts would requtre a Condtttonal Use Permtt on premtses The Planmng Commtsston ts scheduled to constder these Amendments tn November Legtslatton re Conditional Use Permits for ABC Ltcenses, was deleted from the Community Legislative Agenda unttl the Planmng Commtsston has submttted thetr recommendatton The Ctty Attorney, Deputy Ctty Attorney Wtlham Macah and Karen Lasley, Zomng Admtntstrator, have meet on three occastons wtth the Restaurant Assoctatton Representattves are tn attendance Thts proposed Ordtnance would result tn hundreds of Condmonal Use Permtts Thts Ordtnance had been constdered relattve a solution to behavioral problems The Ctty Attorney beheved thts course of actton should not be pursued The Ctty Attorney expressed apprectatton to the Restaurant Assoctatton The Ctty Attorney suggested Condtttonal Use Permtts for ABC Ltcenses not be constdered for the Community Legislative Agenda. Zomng matters should only be constdered from a land use standpotnt The Ordmance, currently at the Planmng Commtsston, should be reviewed for amendments A Zomng Ordtnance currently exists for estabhshments serving alcohohc beverages and rumors are excluded durtng anypart of the day tn the Resort Area Mtnors are excluded from estabhshments servtng alcohohc beverages tf wtthm 500feet of a restdenttal area After meettng wtth Deputy Pohce Chief Cevera and Ctty tnspectors, the formatton of an tnteragency commission was suggested to deal with the six (6) to ten (10) estabhshments which have constant behavioral problems A group ts needed to revtew Alcohohc Beverage Control (ABC) apphcattons, ongotng ABC problems Thts group could be composed of representatives of Pohce, Ftre, Health, Butldtng lnspectors, and an agent from the ABC Board A meettng has been scheduled wtth the ABC Commtsstoner re senstttvtty to the Ctty's resort status and to understand thetr enforcement procedures Karen Lasley, Zomng Admtmstrator, presented an alternate proposal The Restaurant Assoctatton has not endorsed thts tssue at the present ttme The key factor ts the definttton of Bar Amendment on Bars and Nightclubs Sections 111, 233.1, 701, 901, 1001, 1501, 1511 and 1521 City Zoning Ordinance October 28, 2003 -11- CITY MANAGER'S BRIEFING CONDITIONAL USE PERMIT PROPOSAL re ALCOHOLIC BEVERAGES ITEM # 51812 (Continued) Current Eattng and Drtnktng Estabhshments serve alcohohc beverages and exclude persons on the basts of age durtng any part of the day Condtttonal Use Permtt requtred Problems Can avoid getting a Condtttonal Use Permit by not excludtng persons on the basts of age Encourages estabhshments to let mtnors tn, which creates concerns New Definition Bar or Ntghtclub- (1) has an occupant load denstty of less than 15 square Jeet per person or (2) serves alcohohc beverages between mtdntght and 6 O0 A M Enforcement Should result tn better enforcement If an estabhshment exceeds permttted occupant load density, the Ftre Marshal's Office can close the estabhshment AMENDMENTS RE BARS AND NIGHT1 H-1 Hotel Dtstrtct B-1 and B-IA Bustness Districts Current No CUP reqmred for eattng and drtnktng estabhshments that exclude on the basts of age regardless of where located Eating and drinking estabhshments that serve alcohol, wtthm 500' of a Restdenttal or Apartment Dtstrtct and excludes persons on basts of age =Prohtbtted 7L UBS Proposed CUP required for a bar or ntghtclub tn a hotel and located within 500' of a Restdenttal or Apartment Dtstrtct All bars and mghtclubs prohtbtted regardless of locatton October 28, 2003 -13- ,4 GEND,4 RE VIE W SESSION 4:03 P.M. ITEM # 51813 B Y CONSENSUS, the followmg shall compose the CONSENT,4GEND,4: ORDIN,4NCES K1 Ordtnance to AMEND ~ 27-3 and REPEAL 3~ 38-6 of the City Code re weapon purchase permits. K2 Ordtnance to,4 UTHORIZE the Ctty Manager to exerctse the optton between the Ctty and Branwtck Corporate Center L L C, to repurchase 11.764 acres of real property on the northeast stde of Bonney Road, by REFUNDING $1,200,000 from "Commumty Services Board Complex Land Acqmsttton" October 28, 2003 - 14- AGENDA RE VIEW SESSION ITEM # 51814 L1 RECONSIDERATION: Apphcatton of FORT WORTH DEVELOPMENT, INC. fora Condtttonal Use Permtt re a multt-famtly Condomtntum tn the B-4 Shore Drtve Corrtdor Overlay Dtstrtct at Dtnwtddte Road and DuPont Ctrcle (approved August 12, 2003) (DISTRICT 4 - BA YSIDE) Robert d Scott, Dtrector of Planntng, referenced hts Memorandum of October 2 7, 2003 Durtng the last two worktng days, Planntng has recetved tnfor~natton regardtng the amendments to the plans The purpose of the memo ts to measure the proposals agamst Ctty Counctl's concerns Tree Preservatton, Butldtng Plans and Process Correspondence relattve the Ltve Oak Tree recommendattons were attached to the Memorandum Mr Scott recommended a thtrty-day deferral (November 25, 2003) to revtew the tnformatton ITEM # 51815 L3 Apphcatton of CA VALIER GOLF & YACHT CLUB RE dtsconttnuance, closure and abandonment of the cul-de- sac at the eastern termtnus of Tanager Trail (DISTRICT 5 - L YNNHA VEN) L8 Apphcatton of NEAR POST, L.L.C. for a Change qf Zontng Dtstrtct Classt_ficatton from H-1 Hotel Dtstrtct, B-2 Bustness Dtstrlct, B-1 Business Dtstrtct and R-40 Restdenttal Dtstrtct to Condtttonal ,4-36 Apartment Dtstrtct at 1020 and 1040 Lasktn Road and a portton of Parcel A on Ortole Drtve (D1S TRIC T 5 - L YNNHA VEN) Counctlman Wood advtsed these two apphcattons are related Counctlman Wood spoke wtth the apphcant and a 30-day deferral wtll be agreeable The property ts located wtthtn the AIRCRAFT Acctdent Potential Zone (APZ) H for the NAS Oceana Air Base The Ctty Manager advtsed the Vtrgtnta Beach Alhance Forum wtth the Navy ts November 20, 2003 The Ctty Manager suggested a presentatton by the Navy relattve the AICUZ be SCHEDULED for a Ctty Counctl Workshop of November 18, 2003 October 28, 2003 -15- AGENDA RE VIEW SESSION ITEM # 51816 L5 Vartance to 3~ 4 4(b) of the Subdtvtston Ordtnance to allow a restdenttal dwelhng wtthout pubhc access for WILLARD P. ORR, at 1557 Indtan Rtver Road (DISTRICT 7 - PRINCESS ANNE) Councilman Reeve advised the apphcant concurred wtth the addmon of a second condttton A deed for the 15-foot wtde tngress/egress easement shown tn Map Book 232 at Page 54 shall be recorded wtth the amended subdtvtston plat The deed must provide perpetual rights of access for both restdenttal and agricultural use from Lot 12-A-1 to Lot 12-C The deed shall be subject to revtew by the Ctty Attorney prtor to recordatton ITEM # 51817 B Y CONSENSUS, the following shall compose the PLANNING B Y CONSENT,4 GENDA: PLANNING L1 RECONSIDERATION: Apphcatton of FOR T WOR TH DEVELOPMENT, INC. fora Condtttonal Use Permtt re a multt-famdy Condomtntum tn the B-4 Shore Drtve Corrtdor Overlay Dtstrtct at Dtnwtddte Road and DuPont Ctrcle (approved August 12, 2003) (DISTRICT 4 - BA YSIDE) L2 Apphcatton of the CITY OF VIRGINIA BEACH re dtsconttnuance, closure and abandonment of a portton of Honeygrove Way, south of East Honeygrove Road between Donation Drive and Independence Boulevard (DISTRICT 4 - BA YSIDE) L3 Apphcatton of CA VALIER GOLF & YACHT CLUB re dtsconttnuance, closure and abandonment of the cul-de- sac at the eastern terminus of Tanager Trail (DISTRICT S - L YNNHA VEN) L4 Vartance to 3~ 4 4(b) of the Subdtvtston Ordmance to subdtvtde the extsttng one parcel tnto two (2) wtth a flag lot for JEFFERYL. BAKER, at 936 East Sparrow Road (DISTRICT 2 - KEMPSVILLE ) L5 Vartance to 3~ 4 4(b) of the Subdtvtston Ordmance to allow a restdenttal dwelhng without pubhc access for I4ZlLLARD P. ORR, at 1557 Indtan River Road (DISTRICT 7- PRINCESS ANNE) October 28, 2003 -16- AGENDA RE VIE W SESSION ITEM # 51817 (Continued) L6 Apphcatton of CRAB CREEK HOMEOWNERS ASSOCIATION, INC. for a MODIFICATION of Conditions on a Condtttonal Use Permit for a commumty boat dock (approved by Ctty Counctl October 24, 2000) to increase the boat length from twenty-stx (26)feet to thtrty-five (35)feet at 2096, 2098, 2092, 2094 Tazewell Road and 3557, 3559, 3561, 3563 Ptedmont Ctrcle (DISTRICT 4 - BA YSIDE) L7 Apphcatton of HOME ASSOCIATES OF VIRGINIA, INC for a Change qf Zonmg Dtstrtct Classtficatton from A G-2 Agrtcultural Dtstrtct and R-10 Restdenttal Dtstrtct to Conchttonal R- 7 5 Restdenttal Dtstrtct at 960, 964 and 966 Old Dam Neck Road (DISTRICT 7- PRINCESS ANNE) L8 Apphcatton of NEAR POST, L.L.C. for a Change of Zon t ng Dtstrt ct Classt_~catt on_from H- 1 Ho tel Dtstrt ct, B-2 Bustness Dtstrtct, B-1 Bustness Dtstrtct and R-40 Restdenttal Dtstrtct to Condtttonal A-36 Apartment Dtstrtct at 1020 and 1040 Lasktn Road and a portton of Parcel A on Oriole Drtve L9 Apphcattons of ALCAR, L.L.C. on the north stde of Ntmmo Parkway (ummproved), west of Rockmgchatr Lane (DISTRICT 7- PRINCESS ANNE) Change of Zomng Dtstrtct Classtficatton from A G- 1 and AG-2 Agricultural Dtstrtcts to Condtttonal R-lO Restdenttal D~strtct b Conchttonal Use Permttfor Open Space L 10 Apphcattons of MALBONBROS. PETROLEUM, L.L.C. on the northeast corner of General Booth Boulevard and Culver Lane (DISTRICT 7- PRINCESS ANNE) MODIFICA TIONof Con&ttons to apphcattons of Eight D Corp. for a Condtttonal Zontng and Conchttonal Use Permit (approved by Ctty Counctl on Aprtl 27, 1993) at 1896 General Booth Boulevard October 28, 2003 -17- AGENDA RE VIEW SESSION ITEM # 51817 (Continued) Change qf Zomng Dtstrtct Classt_ftcatton from AG-2 Agrtcultural Dtstrtct to Condtttonal B-2 Communtty Business District c Condtttonal Use Permtt re a car wash L 11 Apphcatton ofFRANKBLOCKERfor a Conditional Use Permtt re motor vehtcle sales and rental at the southeast mtersectton of Lynnhaven Parkway and Vtrgtnta Beach Boulevard (z) srmcr 6- Item 3 (Cavaher Golf& Yacht Club) wtll be DEFERRED, B Y CONSENT, unttl the Ctty Counctl Sesston of November 25, 2003 Item 4 (deffery L Baker) will be WITHDRAWN, B Y CONSENT Item 7 (Home Assoctates of Vtrgtnta) was DEFERRED INDEFINITEL Y, BY CONSENT Item 8 (Near Post, L L C) was DEFERRED, BY CONSENT, unttl the Ctty Counctl Session of November 25, 2003 Item 9 ( (ALCAR, L L C) was DEFERRED INDEFINITEL Y, B Y CONSENT Counctl Lady Wilson DISCLOSED Pursuant to Confltct of Interests Act 3~ 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 Companyprovtdes services to ALCAR, L L C (Item 9) Her husband does not personally provtde servtces to ALCAR, 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 ALCAR, L L C, she may parttctpate without restriction tn City Council's dtscusston of and vote on, the ordinance, upon dtsclosure Counctl Lady Wilson's letter of October 28, 2003, ts hereby made a part of the record Mayor Oberndorf wtll vote a VERBAL NAY on Item 11 (Frank Blocker) ITEM # 51818 Counctlman Maddox dtstmbuted a proposed ADD-ON Resolutton Resolutton to ESTABLISH The Old Beach District Master Plan Advisory Committee Vtce Mayor Jones referenced a Memorandum from Counctl Lady McClanan advtstng her opposttton to the addttton of this Resolution and Appointment of the Old Beach Master Plan Advisory Committee without pubhc comment Thts item wtll be SCHEDULED for the Ctty Counctl Sesston of November 4, 2003 October 28, 2003 -18- CITY COUNCIL COMMENTS 4:30 P.M. ITEM# 51819 Mayor Oberndorf referenced the necesstty to dtscuss the tssue of endorsement by Ctty Councd relattve Certificates of Need for medical groups or Hospitals. Bon Secours has requested the Mayor appear at a Pubhc Heartng Mayor Oberndorf beheved gutdehnes should be estabhshed Council Lady Eure had referenced durtng the City Council Session of September 9, 2003, betng lobbied to wrtte letters of support for medtcal firms as Sentara and Bon Secours The Manager advised a Pohcy ss betng drafted and should be provided to City Council wtthtn the next two weeks ITEM # 51820 Mayor Oberndorf announced wtth prtde Dr Mttchell B Miller, Chairman - Sentara Trauma Task Force, has become the Prestdent of the Vtrgtnta Me&cai Assoctatton Copses of the Report and Minutes were dtstrtbuted to City Council and ts hereby made apart of the record Counctl Lady Eure expressed concern relattve the scope of the recommendatton for a future commtttee Council Members Diezel and Wilson were not in attendance at the Trauma Task Force Meeting, October 8, 2003, and expressed concern relattve proper nottficatton Dr Miller wtll present The Trauma Center Task Force Report during the Formal Session of November 4, 2003 ITEM # 51821 Counctlman Dtezel referenced tnformatton provtded by Ctty staff relattve "No Duplicate Coverage" Health Care Provision. Vice Mayor Jones was concerned not so much wtth the current sttuatton, but the future sttuatton Due to the continued rise of health care costs, city staff was requested to find other avenues to reduce health care costs tn the future Staff ts to continue to evaluate the dual coverage policy and tts potenttal apphcatton for new members htred after a certatn date (current members will not be affected by thts) Health care coverage ss ajomt benefit wtth school, therefore, staff will work with schools to determme what steps can be taken to reduce health care costs The policy on dual health care coverage for all current eligible employees has been withdrawn If an employee has health care coverage with the City, they can also have secondary coverage through another plan, tf one chooses to do so The Required Statement of Coverage for Plan Year 2004, ss no longer required October 28, 2003 -19- CITY COUNCIL COMMENTS ITEM # 51822 Mayor Oberndorf referenced an e-marl from a member of the Untted States Navy He owns property tn ?trgtnta Beach The ctttzen ts very concerned relative tdenttty theft as he has been recetvtng multtple correspondence concerntng refinancmg of hts home He has ratsed cogmzant tssues concermng the Real Estate assessment documents on the Ctty's web page www vbgov corn ITEM # 51823 Counctlman Vtllanueva referenced Regent University's Twenty-fifth Anniversary Celebration The event featured talented entertatners from across the Natron C-span covered the occaston ITEM # 51824 Counctl Lady Wtlson dtstrtbuted tnformatton from the Virginia Municipal League Legislative Committee Meeting. ITEM # 51825 Mayor Oberndorf contacted Steve Thompson, Chtef Ftnanctal officer relattve the newspaper arttcles concermng extended stays in hotels (more than 30 days). There are extended stay hotels t e Bonney Road Counctlman Maddox advtsed a hotel room ts not a suitable envtronment to ratse a famtly The Ctty ts attempttng to place these famthes tn more suttable facthttes to ratse thetr famthes The Ctty Attorney advtsed the proposal wtll be ctty wtde Ib~hen hotels become apartments, thts "blurs" the zonmg situation Mr Thompson advtsed due to other tssues whtch keep tnchvtduals from movtng tnto a more stable envtronment, famthes are paytng more for hotel rooms than apartments A Brtefing, Pohcy Report and Soctal Servtces Plan shall be presented to Ctty Counctl October 28, 2003 - 20- ITEM # 51826 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, October 28, 2003, at 5 ] 5 PM Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R clones, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Rosemary Wdson, Peter W Schmtdt and dames L Wood Counctl Members Absent Reba S McClanan and Ron A Vtllanueva October 28, 2003 - 21 - ITEM # 5182 7 Mayor Meyera E Oberndorf entertatned a motton to permit Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve can&dates for employment, asstgnment, appotntment, promotion, performance, demotton, salartes, dtsctphntng, or restgnatton of spectfic pubhc officers, appotntees, or employees pursuant to Sectton 2 2-3711 (A) (1) To PVtt Appotntments Boards and Commtsstons Chesapeake Bay Preservatton Area Board Mtnortty Bustness Counctl Old Beach D~strtct Master Plan Advtsory Board Parks and Recreatton Commtsston Performtng Arts Theatre Advtsory Commtttee Ttdewater Regtonal Group Home Commtsston Towtng Advtsory Board PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the condttton, acqutsttton, or use of real property for pubhc purpose, or of the &sposttton of pubhcly-held property, or of plans for the future of an mstttutton whtch could affect the value of property owned or destrable fot ownershtp by such mstttutton pursuant to Sectton 2 2-3711(A)(3) Acqutsttton/Dtsposttton of Property - Prtncess Anne Dtstrtct TownCenter LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertammg to actual or probable httgatton, or other spectfic legal matters requtrtng the provtston of legal advice by counsel pursuant to Section 2 2-3 711 (A)(7) Contractual Negottattons TownCenter Upon motion by Councilman Reeve, seconded by Councilman Schmtdt, Ctty Council voted to proceed into CLOSED SESSION. Vottng 9-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Rosemary Wilson, Peter W Schmtdt and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Reba S McClanan and Ron A Vtllanueva (5:15 P.M. - 5:30 P.M.) (Dinner: 5:30- 6:00 P.M.) October 28, 2003 - 22 - FORMAL SESSION VIRGINIA B EA CH CI T Y C 0 UN CIL October 28, 2003 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, October 28, 2003, at 6 O0 P M Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A Maddor. Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Sch~ntdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Absent Reba S McClanan [Death of Mother, October 25, 2003, Attendtng Funeral tn Kentucky] INVOCATION Reverend Fred Devan Grace Commumty Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA October 28, 2003 Item V-E. - 23 - CERTIFICATION OF CLOSED SESSION ITEM # 51828 Upon motion by Vice Mayor Jones, seconded by Councilman Schmtdt, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Onlypubhc busmess matters lawfully exempt from Open Meeting reqmrements by Vtrgtnta law were &scussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc business matters as were tdenttfied tn the motion convemng the Closed Sesston were heard, dtscussed or constdered by Vtrgmta Beach Ctty Council Voting 10-0 Council Members Voting 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 A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Reba $ McClanan October 28, 2003 .o~ OUR H~ RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS. The V~rg~ma Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM it 51827, page 21, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS Section 2 2-3 711 (A) of the Code of 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 Vlrglma 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 Virginia 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, discussed or considered by Virginia Beach City Council .~th Hodges~'mlth~ MMC C~ty Clerk October 28, 2003 - 24- Item V-F. 1. MINUTES ITEM # 51829 Upon moaon by Councdman Wood, seconded by Vice Mayor Jones, City Counctl APPROVED the Mtnutes of the INFORMAL and FORMAL SESSIONS of October 14, 2003. Vottng 9-0 Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R clones, Richard A Maddox, Mayor Meyera E Oberndorf, dim Reeve, Peter W Schmtdt, Ron A Vdlanueva and James L Wood Councd Members Vottng Nay None Counctl Members Abstatntng Rosemary Wdson Councd Members Absent Reba S McClanan Council Lady Wdson ABSTAINED as she was not tn attendance during the City Council Sesston of October 14, 2003 October 28, 2003 Item V-I./J. - 26- PUBLIC HEARING ITEM # 51831 Catheryn Whttesell, Director of Management Services, referenced the results of the Community Budget Meeting, October 16, 2003, at Corporate Landing Mtddle School This was the first opportunity for cmzen input Coptes of the results were distributed and will be marled to parttctpants The top four issues were transportatton (both tn terms of mass transtt and congested roads), education, human services andpubhc safety Mayor Oberndorf DECLARED the PUBLIC HEARING: FY 2004-05 OPERA TING BUDGET and CAPITAL IMPROVEMENT PLAN (CIP) The following registered to speak: Mtchael J Barakey, 2604 Dunlace Way, Phone 426-3410, Captatn Paramedtc- Ftre Department John Ruble, 2209 Wtndy Ptnes Bend, Phone 430-3258, Ftreman, spoke relattve EMS Michael Carter, 2710 Wtndshtp Point, Phone 463-5835, Fireman, spoke relattve EMS Bob Baranby, 608 Bethune Drive, Phone 463-2024, requested funds be included for beach walkways along Chesapeake Bay Beaches -handtcapped accesstble Btll Bazley, 4841 Rosecrofi Street 23464, Phone 495-063 7, Prestdent of Local Ftrefighters Unton Dantel Creedon, 2605 Heston Road, Phone 496-3813, represented the Cape Henry Shore Drtve Coahtton, requested funds be tncluded for beach walkways along Chesapeake Bay Beaches Robert Horan, 2133 East Admtral Drive, Phone 481-3358, requested funds be tncluded for beach walkways along Chesapeake Bay Beaches Tom Langley, 1104 Mtchaelwood Drive, Phone 463-4306, represented the Thoroughgood/Church Potnt LLC relattve access to the Ctty Channel tn the Western Branch, Lynnhaven Rtver, requested Western Branch Lynnhaven Rtver Matntenance Dredgtng be moved forward to FY 2006, and City pursue purchase of a South Twtn Lake Barbara Messner, Post Office Box 514, Phone 422-1902 Robert Fitzgerald, 3909 Meeting House Road, Phone 321-1999, re relative access to the Ctty Channel tn the Western Branch, Lynnhaven River, requested Western Branch Lynnhaven River Maintenance Dredging be moved forward to FY 2006, and Ctty pursue purchase of a South Twtn Lake Kathy Wtlhams, 1600 Keehng Landtng Road, Phone 464-9405, re relattve access to the Ctty Channel tn the Western Branch, Lynnhaven Rtver, requested Western Branch Lynnhaven Rtver Matntenance Dredgtng be moved forward to FY 2006, and Ctty pursue purchase of a South Twtn Lake Beth Markley, 2012 Aloma Drive, Phone 962-6292, spoke relative need for childrens' hbrartes Scott Duvarsptke, Phone 496-3813, requested funds be tncluded for beach walkways along Chesapeake Bay Beaches Todd Solomon, 2260 Ftrst Landtng Lane, Phone, 496-5733, represented the Cape Story Ctvtc Assoctatton requested funds be tncluded for beach walkways along Chesapeake Bay Beaches -handtcapped accesstble Jack Bryan, 4401 Blackbeard Road, Phone 460-3520 There btng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING October 28, 2003 -27- Item V-K. ORDINANCE ITEM # 51832 Upon motton by Vtce Mayor Jones, seconded by Counctlman Wood, Ctty Counctl APPROVED IN ONE MOTION Ordinance K 2 of the CONSENT AGENDA. Vottng 10-0 (By ConsenO Counctl 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 Schmzdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Voting Nay None Council Members Absent Reba S McClanan October 28, 2003 - 28 - Item V-K. 1. ORDINANCES ITEM # 51833 Barbara Messner, Post Office Box 514, Phone 422-1902, had regtstered but WAIVED her rtght to speak Upon motton by Vtce Mayor Jones, seconded by Council Lady Wtlson, Ctty Counctl ADOPTED: Ordinance to AMEND 3~ 27-3 and REPEAL 3~ 38-6 of the Ctty Code re weapon purchase permits. Vottng 10-0 Counctl Members IZottng Aye Harry E Dtezel, Margaret L Eure, IZtce Mayor Louts R clones, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter I,V Schmtdt, Ron A Vtllanueva, Rosemary t'Vtlson and James L Wood Counctl Members I,'ottng Nay None Council Members Absent Reba S McClanan October 28, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE TO AMEND SECTION 27-3 AND REPEAL SECTION 38-6 OF THE CITY CODE PERTAINING TO WEAPONS PURCHASE PERMITS SECTIONS AMENDED: ~ 27-3 AND 38-6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Section 27-3 of the City Code is hereby amended, to read as follows: Sec. 27-3. Authority of department to furnish copies of records, perform certain services, etc., and fees therefor. (a) The department of police is hereby authorized to furnish photostatic copies of accident reports and offense reports, to release forensic photographs after all criminal charges are resolved and when such release is provided by law, to make record checks and reports (local record only), to take fingerprints of individuals on request and to allow offense reports to be viewed by proper persons. (b) For the services mentioned in subsection (a) above, and for the processing of applications for permits required by law, the following fees shall be charged: (1) Photostatic copy of accident report .... $ 10.00 (2) Photostatic copy of offense report .... (3) Copy of booking (mug-shot) photograph . . . (4) Record check and report by name (local) . . (5) Fingerprinting of individuals on request . . (6) Pulling offense report to review only . . . 10.00 2.00 15.00 5.00 27 5.00 28 29 30 31 32 33 34 35 36 37 38 (7) Forensic photographs (5 x 7), each print . . 10.00 (8) Process bingo permit application ...... 100.00 (9) Process raffle permit application ..... 50.00 (10) Dance hall permit application ....... 50.00 (11) Turkey shoot permit application ...... 50.00 (12) Certificate for public convenience and necessity ............... 50.00 (13) Precious metals permit .......... 200.00 (14) Vendor permit ............... (15) Concealed weapon permit .......... (16) Weapons ...... ~--- permit 25.00 35.00 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 That Section 38-6 of the City Code is hereby repealed' Sec. 38-6 "---= ........ =-==- to ..... ~ ..... Reserved. (a) No licensed importer, licensed dealer shall --~', , , o=~ lease rent give or otherwise furnish to any person within the city any pistol, revolver or similar type of handgun ---' - - ' .... ~' '-- ~,,~eso = permit gz=,,~ed~-- the ~,~ief of polio=, or such , , -'= ...... ~ .... of the po~--~= department writing by the chief of police, is presented authorizing the ~holder of such permit to acquire such weapon· '~s~,~ section shall not apply to the rental of pistols, revolvers or other handguns by licensed impoztez~, licensed manu~=~=~s or licensed deal=r~ that =~= to .... , _ -- -- , . _ ~-- --~ ..... be used ool=ly ~ the premzo=o of said zmportero, manu~=~=r~ or - ' ' -~-~ ppi ........... dealer~. This section o,,=~I not a y 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 ze~-~Ivers os other handguns from ~,,~~==~ to Iz~=,,oed zmpoztezs, licensed,,,=,,=~==-cturers oz licensed d==lez~, .... or to o=I==, trades or .... ' .......... ~ .... dg individuals. Such permit s,hall be surrendered to the licensed importer, lioensed ................ ,,,=,,uz=o~u==~ oz licensed dealer furnishing such weapon, who shall preserve it for inspection, upon request, by the police of the city. (I) The term "Iz~=,,o=~ zmpoztez" ~,,=~ me=n any person engaged in the business of importing or bringing firearms into the United States for the puzpos~ of sal~ distribution who~=- licensed under either ==e~,, provisions of tztl= 18 USC ~ect~on ==I =t seq., this Code. (2) The term "licensed manufacturer" shall mean any person en~aged zn the manu~=~=ring of fzreazms for ~zpo==~ of sale oz distribution who is licensed under either the provmszon~ of tmtle 1O U~o~ ~ectmon =~ =~ oe~., or the provisions of =~is~ Cod~. (3) The term "licensed dealer" shall mean: ........ ~- the b---~ ........ "~=-" firearms at wholesale oz retail, 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 96 97 b. Any person engaged in the business of repairing ~-=~.,o or of making or fztting spec~l igg ---~---~ .... = stocks or tr er .~=~.~.~ to rms, c. Any person who is a pawnbroker, and who l~=~o=d under e~thez the pzoviszono of 1O ~=~~ ~ =~ ~=~., oz the pzovzszons of thzs ' ~ ~ ~ ...... " ......... ~ .....' -~- ~ ~ WhOSe bus~ ...... . . _ ,_~ ..... . z~.:~ o~ occupatmon zncludes the t~.~ or by way of pledge or pawn, of any firearm as security for the payment oz ~=~=~ of money. (b) No permit required by subsection (a)~-~ .... ~= shall be issued (i) '(3) (4) Any person under the age of twenty-one {21) years; Any convicted felon; Any person under indictment or information for a Any person who at the time of application is charged with a crime involving violence; Any ........... %-- ....... = ....... ~ --'~' .... = - felony on the basis of insanity; Any perow~ who zo ~ fugitzve ~v., justzce, 98 99 100 101 102 103 104 105 106 107 108 '~' Any person who presently -o an unlawful user of, .... -'='-=--~ ...... '' ....... depr --ant stimulant or narcotic drugs; and (8) An~ ~==ovi, w,,v ~,=o been corcg~itt=d to = mental .... . __ ~y '- .... . '-' ~ ......... ~ ~ for ~ permzt requi~=d o,,o~ pay to the city treasurer an applz~tzon fee of ~= dollars ~.uu~. This fee shall ~--=~ b= ~azged to sworn police officers of =l~- city. misdemeanor. 109 110 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 28th day of October, 2003. CA-9013 DATA/ORDIN/PROPOSED/27-003&38-6ord.wpd Ri - September 25, 2003 Item V-K. 2. - 29 - ORDINANCES ITEM # 51834 Upon motton by Vice Mayor Jones, seconded by Councilman Wood, Ctty Councd ADOPTED: Ordtnance to AUTHORIZE the Ctty Manager to exerctse the optton between the Ctty and Branwtck Corporate Center L L C, to repurchase 11. 764 acres of real property on the northeast stde of Bonney Road, by REFUNDING $1,200, O00 from "Commumty Servtces Board Complex Land Acqutsttton" Voting 10-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Reba S McClanan October 28, 2003 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXERCISE THE OPTION BETWEEN THE CITY OF VIRGINIA BEACH AND BRANWICK CORPORATE CENTER L.L.C. TO REPURCHASE 11.764 ACRES OF REAL PROPERTY BY REFUNDING $1,200,000 FROM CIP #3-106, "COMMUNITY SERVICES BOARD COMPLEX LAND ACQUISITION" WHEREAS, the City entered into an Agreement with Branwick 10 Corporate Center L.L.C., dated July 11, 2001, for the sale of 11 approximately 11.764 acres of excess City owned real property (the 12 ~Parcel") at a purchase price of $1,200,000 for the purpose of 13 encouraging office development in the Central Business District; 14 WHEREAS, the Agreement provides the City of Virginia Beach an 15 option to repurchase the Parcel at the original selling price of 16 $1,200,000 if Branwick Corporate Center L.L.C., fails to comply 17 with the time requirement for commencing construction; and 18 WHEREAS, Branwick Corporate Center L.L.C., has not met the 19 time requirement in the Agreement for commencing construction, 20 despite requesting and receiving three extensions of time. 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA, 23 1. The City Manager or his designee is hereby authorized to 24 exercise the option in the Agreement for repurchasing the Parcel at 25 the original purchase price of $1,200,000. 26 2. The City Manager or his designee, in cooperation with the 27 City Attorney, is further authorized to have prepared and to 28 execute all documents that may be necessary or appropriate in 29 connection with repurchasing the Parcel. 30 3. That $1,200,000 is hereby authorized to be refunded from 31 CIP #3-106, "Community Services Board Complex Land Acquisition," 32 for the purpose of repurchasing the Parcel. 33 Adopted by the Council of the City of Virginia Beach, 34 Virginia, on the 28th of October , 2003. CA-9033 Ordin/Noncode/Branwickord. wpd R-1 October 17, 2003 APPROVED AS TO CONTENT M~a n a~g e-~e-n~t ~S e'r v~ APPROVED AS TO LEGAL SUFFICIENCY City Attorney~'O f f ~'~e - 30- Item V-L. PLANNING ITEM # 51835 1. FORT WORTH DEVELOPMENT, INC. RECONSIDERATION of a Conditional Use Permff (Approved 8/12/03) 2. CITY OF VIRGINIA BEACH STREET CLOSURE 3. CAVALIER GOLF & YACHT CLUB STREET CLOSURE 4. JEFFER Y L. BAKER VARIANCE 5. WILLIAM P. ORR VARIANCE 6. CRAB CREEK HOMEOWNERS ASSOCIATION, INC. MODIFICATION OF CONDITIONS CONDITIONAL USE PERMIT (APPROVED: 10/24/2000) 7. HOME ASSOCIATES OF VIRGINIA, INC. CONDITIONAL CHANGE OF ZONING 8. NEAR POST, L.L.C. CONDITIONAL CHANGE OF ZONING 9. ALCAR, L.L.C. CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 10. MALBON BROS. PETROLEUM, L.L.C. MODIFICATION OF CONDITIONS CONDITIONAL ZONING AND USE PERMIT (APPROVED: Eight D. Corp 4/27/93) CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 11. FRANK BLOCKER CONDITIONAL USE PERMIT. October 28, 2003 -31 - Item PLANNING ITEM # 51836 Upon motton by Vice Mayor Jones, seconded by Counctlman Wood, City Councd APPROVED IN ONE MOTION Items 2, 3 (DEFER), 4 (WITHDRAWAL), 5, 6, 7 (DEFER), 8 (DEFER), 9a/b (DEFER), 10 (DEFER) and 11 of the PLANNING B Y CONSENT AGENDA Item 3 (Cavaher Golf & Yacht Club) was DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of November 25, 2003 Item 4 (Jeffery L Baker) was ALLOWED WITHDRAWAL, BY CONSENT Item 7 (Home Associates of Vtrgmta) was DEFERRED INDEFINITEL Y, B Y CONSENT Item 8 (Near Post, L L C) was DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of November 25, 2003 Item 9 ( (ALCAR, L L C) was DEFERRED INDEFINITEL Y, B Y CONSENT Vottng I 0-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Reba S McClanan Council Lady Wilson DISCLOSED Pursuant to Conflict of Interests Act 3~ 2 2-3115 (H) her husband ts a prmctpal tn the accounttngfirm of Goodman and Company and earns compensatton whtch exceeds $1 O, 000 O0 annually Goodman and Company provides servtces to ALCAR, , L L C (Item 9) Her husband does not personallyprovtde servtces to ALCAR, L L C The Ctty Attorney has advtsed that although she has apersonal tnterest tn the transactton, because her husband does notpersonallyprovtde services to ALCAR, L L C, she may parttctpate wtthout restrtctton tn Ctty Counctl's &scusston of and vote on, the or&nance, upon &sclosure Counctl Lady Wtlson's letter of October 28, 2003, ts hereby made apart of the record Mayor Oberndorf voted a VERBAL NAY on Item 11 (BLOCKER) October 28, 2003 - 32 - Item V-K.I. PLANNING ITEM # 5183 7 Barbara Messner, Post Office Box 514, Phone 422-1902, regtstered tn OPPOSITION Jack Bryant, 4401 Blackbeard Road, representing the Baylake Ptnes Ctvtc League, regtstered tn Opposttton, but WAIVED his right to speak as he was not tn OPPOSITION to Deferral Upon motton by Vtce Mayor Jones, seconded by Counctlman Schmtdt, Ctty Counctl DEFERRED until the Ctty Counctl Sesston of November 25, 2003, RECONSIDERATION Ordtnance upon apphcatton of FORT WOR TH DE VELOPMENT, INC. for a Condtttonal Use Permtt re multt-famtly Condomtntum tn the B-4 Shore Drtve Corrtdor Overlay Dtstrtct on the north stde of Shore Drtve between Dtnwtddte Road and DuPont Ctrcle (GPIN 1489590079) (Approved August 12, 2003) (DISTRICT 4 - BA YSIDE) Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R done& Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Reba S McClanan October 28, 2003 Item V-K.2. - 33 - PLANNING ITEM # 51838 Upon motton by Vtce Mayor dones, seconded by Councilman Wood, City Council ADOPTED Orchnance upon apphcatton of the CITY OF VIRGINIA BEACH e chscontmuance, closure and abandomnent ora portton of Honeygrove Way Ordtnance upon Apphcatton of the Ctty of Vtrgmta Beach for the chscontmuance, closure and abandonment of a portton of Honeygrove Way, begtnntng at a pomt 310 40feet south of East Honeygrove Road DISTRICT 4 - BA YSID E The followtng condmons shall be requtred The Ctty Attorney's Office shall make the final determtnatton regarding ownershtp of the underlyzngfee The purchase prtce to be pard to the Ctty shall be determtned accordtng to the "Pohcy Regar&ng Purchase of Ctty 's Interest tn Streets Pursuant to Street Closures," approved by Ctty Counctl (Coptes of the pohcy are available tn the Planmng Department) No purchase prtce shall be charged tn thts street closure, however, because the Ct_ty ts both the owner qf the under!¥tng _fee and the apphcant seektng thts street closure The apphcant shall resubchvtde the property and vacate tnternal lot hnes to tncorporate the closed area tnto the adjotmng parcels The plat shall be submttted and approved for recordation prtor to final street closure approval The apphcant shall vertfy that no prtvate utthttes extst wtthtn the right-of-way proposed for closure If private utthttes do exist, easements sattsfactory to the utdtty company shall be provtded Closure of the rtght-of-way shall be conttngent upon comphance with the above stated condtttons wtthtn 365 days of approval by City Counctl (October 27, 2004) If the condtttons noted above are not accomphshed and the final plat ts not approved wtthtn one year of the Ctty Council vote to close the right-of-way thts approval shall be constdered null and votd October 28, 2003 ! 2 3 4 5 6 7 8 9 10 !1 12 13 14 15 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS HONEYGROVE WAY AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING STREET CLOSURE OF A PORTION OF HONEYGROVE WAY, CITY OF VIRGINIA BEACH, VIRGINIA" 16 WHEREAS, the City of V~rglma Beach applied to the Council of the C~ty of 17 Vtrg~ma Beach, V~rgm~a, to have the hereinafter described street discontinued, closed, and 18 vacated, and 19 WHEREAS, ~t ~s the judgment of the Councd that smd street be discontinued, 20 closed, and vacated, subject to certmn condmons having been met on or before one (1) year from 21 C~ty Council' s adoption of th~s Ordinance, 22 23 24 25 26 27 NOW, THEREFORE, BE IT ORDAINED by the Councd of the C~ty of V~rg~ma Beach, V~rgima SECTION I 28 That the hereinafter described street be discontinued, closed and vacated, subject 29 to certain condmons being met on or before one (1) year from C~ty Council's adoption of th~s 30 ordinance' 31 32 GPIN' 1478-55-4021 33 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 The following conditions must be met on or before one (1) year from C~ty 5o Councd's adoption of th~s ordinance 51 1 The C~ty Attorney's Office wall make the final determination regarding 52 ownership of the underlying fee The purchase price to be prod to the C~ty ~s normally 53 determined according to the "Pohcy Regarding Purchase of C~ty's Interest ~n Streets Pursuant to 54 Street Closures," approved by C~ty Council [Cop~es of smd pohcy are avmlable ~n the Planmng 55 Department ] No purchase price shall be charged ~n th~s street closure, however, because the 56 C~ty ~s both the owner of the underlying fee and the apphcant seeking th~s street closure 57 2 The apphcant shall resubd~v~de the property and vacate ~nternal lot hnes to 58 incorporate the closed area ~nto the adjo~mng parcels The resubd~ws~on plat shall be submitted 59 and approved for recordation prior to final street closure approval 60 3 The apphcant shall verify that no private utilities ex~st w~th~n the right-of-way 61 proposed for closure Prehm~nary comments from the utd~ty compames ~nd~cate that there are All that certmn p~ece or parcel of land s~tuate, lying and being in the C~ty of V~rg~ma Beach, V~rg~ma, designated and described as "RIGHT-OF-WAY HEREBY CLOSED AREA = 8,725 SQ FT" shown as the cross-hatched area on that certmn plat entitled "PLAT SHOWING STREET CLOSURE OF A PORTION OF HONEYGROVE WAY, CITY OF VIRGINIA BEACtt, VIRGINIA" Scale 1" = 100', dated June 12, 2003, prepared by Bureau of Surveys, Eng~neenng D~v~s~on, Department of Public Works, C~ty of V~rg~ma Beach, smd plat bmng attached hereto as Exhibit A. SECTION II 62 61 no private utilities w~th~n the right-of-way proposed for closure If private utilities do ex~st, the 62 apphcant shall prowde easements sansfactory to the unhty companies 63 4 Closure of the right-of-way shall be contingent upon compliance w~th the 64 above stated condmons wahm one year of approval by City Council If all condmons noted 65 above are not m comphance and the final plat is not approved w~thtn one year of the City 66 Council vote to close the street, thts approval will be considered null and vmd 67 68 69 70 SECTION III 71 1 If the preceding conditions are not fulfilled on or before October 27, 2004, 72 th~s Ordinance wtll be deemed null and void w~thout further action by the C~ty Council. 73 2. If all condmons are met on or before October 27, 2004, the date of final 74 closure is the date the street closure ordinance is recorded by the C~ty Attorney 75 76 SECTION IV 77 A certified copy of th~s Ordinance shall be filed ~n the Clerk's Office of the 78 C~rcmt Court of the C~ty of V~rglma Beach, V~rg~ma, and indexed in the name of the CITY OF 79 VIRGINIA BEACH as "Grantor." 80 8O 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 9'7 98 99 100 of Adopted by the Council of the City of Virginia Beach, Virginia, on this28th day October ., 2003. CA-8916 September 17, 2003 F \Data\ATY\Forms\Street Closure\WORKING\ca8916 doc APPROVED AS TO CONTENT C~ty Attorney · i i NOTES: 1: THIS PLAT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF THE DEEDS AND PLATS SHOWN HEREON. 2: MERIDIAN SOURCE IS BASED ON VIRGINIA STATE PLANE COORDINATES, SOUTH ZONE NAD,1983 COORDINATE VALUES ARE EXPRESSED IN INTERNATIONAL FEET (ONE FOOT EQUALS 0.3048 METERS). 3: THIS PLAT IS FOR STREET CLOSURE PURPOSES AND DOES CONSTITUTE A BOUNDARY SURVEY F~DENOTES RIGHT-OF-WAY AREA HEREBY CLOSED. II CURVE DATA TABLE No.J DELTA IRAD~US IJ.ENGTH ITANGENTI CHORD. ICHORD DIRECTION Ct 130'52'18'1141.501 76.24'! 3q.07'1 75.32' I S01'13'0q'~/ C2130'52'18'1108.501 58.46`1 29.9G'1 57.76' I S01'13'0q'~/ C3130'52'18'1148.501 80.01'1 41.00' I 7c~.05' I NO1'13'Og'E ~4130'52'1a'l ;101-§01 §4'~ctI 2fl_133'1 54.B3' { NBl'13'B~'E LEGEND · -,o,.- DI~IJ. HOL~ (SL~ ~ PiN (rOUND) · 'CJ"" CONC. MON (SET) ~ CORNER NOT SET SCALE: 1'-'- 100' FILE: VERTICAL FOLDER H EXHIBIT "A" DATE: JUNE 12, 2003 LOCATION MAP SCALE:I"= 2640~: GRAPHIC SCALE 100' 200' NOW OR FORMERLY A V ASSOCIATES D. B 3912 PG. 872 M.B. 268 PI3. 93 GPIN 1478-55--5470 ~''~''''~ ,,c. ~' ~ .,- ~'~" ~ow o, ~6B ' ~ .- ~ ~-gl ~ -~ P. ~R ~7~5~3~ ~" ~ ', D.B. 18~ m. 53 PARCEL A --~. ~ ~ ~ ~ ~ ~ -~ ~ / ~ ~N=3,485,004 61 , ~ Z ~ UNDERGROUND ~RGINIA POWER ~EME~ (D.B. 3g06 ~. 1980)(M B 267 ~. 68) -._ x D.B. 97~ ~. 4 3 ~ M.B. 70 PG. 33 . GPIN 1478-55--4021 i PLAT SHOWING STREET CLOSURE OF A PORTION OF HON[YGROVE WAY CITY OF VIRGINIA BEACH, VIRGINIA BUREAU OF SURVEYS ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORICS CITY OF VIRGINIA BEACH, VIRGINIA Map E-5 F-4c~p Not to Sc~ B-2 B\ Beach SCHOOL B-2 A-12 Street Closure- Portzon of Honeygrove Way ZONING HISTORY 1 5~25~99 - CONDITIONAL USE PERMIT for indoor recreabon - Granted 2 9/26195 - CONDITIONAL USE PERMIT for communication tower- Granted 3 2~8~88 - REZONING from B-2 Business to O-'1 Office - Granted 2~8~88 - CONDITIONAL USE PERMIT for nursing home - Granted 4 1019172 - CONDITIONAL USE PERMIT for hospital- Granted 10110188 - CONDITIONAL USE PERMIT for hospital addn - Granted 4/26194 - CONDITIONAL USE PERMIT for hospital addn - Granted - 35 - Item V-K.3. PLANNING ITEM # 51839 Upon motton by Vtce Mayor Jones, seconded by Counctlman Wood Ctty Counctl DEFERRED until the City Council Session of November 25, 2003, Ordmance upon apphcatton of CA VALIER GOLF & YACHT CLUB for the dtsconttnuance, closure and abandonment of the cul-de-sac at the eastern termtnus of Tanager Tratl Ordtnance upon apphcatton of Cavaher Golf & Yacht Club for the dtsconttnuance, closure and abandonment of the cul-de-sac at the eastern termtnus of Tanager Tratl DISTRICT5- L YNNHA VEN Votmg 10-0 (By Consent) Counctl 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 A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members l/ottng Nay None Counctl Members Absent Reba S McClanan October 28, 2003 - 36- Item V-K. 4. PLANNING ITEM # 51840 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Counctl ALLOWED WITHDRAWAL of the apphcatton of JEFFER Y L. BAKER for a Vartance to ~ 4 4(b) of the Subdtvtston Ordinance to subdivide the existing one parcel into two (2) with a flag lot for, at 936 East Sparrow Road Appeal to Decisions of Admtntstrattve Officers tn regard to certatn elements of the Subdtvtston Ordinance, Subdtvtston for Jeffery L Baker Property ts located at 936 East Sparrow Road (GPIN 1447913309) DISTRICT 2 - KEMPSIZlLLE lZottng 10-0 (By ConsenO Counctl Members I/ottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A Maddox, Mayor Meyera E Oberndorf, dim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Reba S McClanan October 28, 2003 Item V-K. 5. -37- PLANNING ITEM # 51841 Upon motton by Vtce Mayor Jones, seconded by Counctlman Wood Ctty Council APPROVED apphcatton of WILLARD P. ORR, for a Variance to ~ 4 4(b) of the Subdtwston Ordinance to allow a restdenttal dwelhng wtthout pubhc access for at 155 7 In&an Rtver Road Appeal to Dectstons of Admtmstrattve Officers tn regard to certatn elements of the Sub&vision Ordinance, Sub&vision for Wtllard P Orr Property ts located at 1557 In&an Rtver Road (GPIN 2412593876) DISTRICT 7 - PRINCESS ANNE The followtng conditions shall be required 1 No structures or other land dtsturbance shall be allowed wtthtn the wooded area that ts below the elevatton of the l O0-year floodplatn A deed for the 15-foot wtde tngress/egress easement shown tn Map Book 232 at Page 54 shall be recorded wtth the amended subdtvtston plat The deed must provtde perpetual rtghts of access for both residential and agricultural use from Lot I 2-A-1 to Lot 12- C The deed shall be subject to revtew by the Ctty Attorneyprtor to recordatton Voting 10-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Reba S McClanan October 28, 2003 Item V-K. 6. - 38- PLANNING ITEM # 51842 Upon motton by Vice Mayor Jones, seconded by Counctlman Wood, Ctty Counctl APPROVED MODIFICATION of Condtttons upon apphcatton CRAB CREEK HOMEOWNERS ASSOCIATION, INC for a Concltttonal Use Permit for a communtty boat dock (approved by Ctty Counczl October 24, 2000) to mcrease the boat length from twenty-stx (26)feet to thtrty-five (35)feet at 2096, 2098, 2092, 2094 Tazewell Road and 355 7, 3559, 3561, 3563 Ptedmont Ctrcle ORDINANCE UPON APPLICATION OF CRAB CREEK HOMEOWNERS ASSOCIATION, INC FOR A MODIFICATION OF CONDITIONS ON A CONDITIONAL USE PERMIT FOR A COMMUNITY BOAT DOCK APPROVED BY CITY COUNCIL ON OCTOBER 24, 2000 R0100331136 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Crab Creek Homeowners Assoctatton, Inc for a Modt_ficatton of Condtttons on a Condtttonal Use Permttfor a communtty boat dock approved by Ctty Counctl on October 24, 2000 Property ts located at 2096, 2098, 2092, 2094 Tazewell Road and 3557, 3559, 3561, 3563 Ptedmont Ctrcle (GPINS 14895855172096, -2098, 14895855412092, -2094, 1489586503355 7, -3559, 14895864593561, -3563) DISTRICT4- BA YSIDE The following condtttons shall be requtred 1 No commerctal use of the commumty boat dock shall be permttted The commumty boat dock shall be used exclustvely by the owners, occupants and tnvtted guests of lots 7, 8, 9, and 10 as shown on the submttted stte plan 3 The commumty boat dock shall not exceed etght shps (moortngs) 4 No butl&ngs, boathouses, boat launches, or addlttonalparktng shall be permttted 5 No vessels larger than 35feet tn length shall be permttted 6 The commumty boat dock ts subject to all apphcablefederal, state and local rules and regulattons Thts Ordmance shall be effecttve tn accordance with Sectton 107 0') of the Zontng Or&nance Adopted by the Council of the City of Vtrgtnta Beach, Virginia, on the Twenty-eighth of October, Two Thousand Three October 28, 2003 - 39- Item V-K. 6. PLANNING ITEM # 51842 (Continued) Votmg 10-0 (By ConsenO Council Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R done& Richard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A IZtllanueva, Rosemary Wtlson and dames L Wood Council Members Vottng Nay None Counctl Members Absent Reba S McClanan October 28, 2003 Item V-K. 7. - 40- PLANNING ITEM # 51843 Upon motton by Vtce Mayor Jones, seconded by Councilman Wood, Ctty Counctl DEFERRED INDEFINITELY Ordinance upon apphcatton of HOME ASSOCIATES OF VIRGINIA, INC for a Condtttonal Change of Zontng Dtstrtct Classtficatton ORDINANCE UPON APPLICATION OF HOME ASSOCIATES OF VIRGINIA, INC FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FROMAG-2 AND R-10 TO CONDITIONAL R-7 5 Ordtnance upon Apphcatton ofHome Assoctates ofVtrgtma, Inc for a Change qf Zontng Dtstrtct Classtficatton from A G-2 Agrtcultural Dtstrtct and R- 10 Restdenttal Dtstrtct to Conchttonal R-7 5 Restdenttal Dtstrtct on property located at 960, 964 and 966 Old Dam Neck Road (GPINs 24156491440000, 2415 7424560000, 2415 7415220000) The Comprehenstve Plan recommends use of this stte for restdenttal uses above 3 5 dwelhng units per acre DISTRICT 7- PRINCESS ANNE Vottng 10-0 (By Consent) Councd Members Voting 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 A Vtllanueva, Rosemary Wdson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Reba S McClanan October 28, 2003 - 41 - Item V-K.& PLANNING ITEM # 51844 Upon motton by Vtce Mayor Jones, seconded by Counctlman Wood, Ctty Council DEFERRED until the City Council Session of November 25, 2003, Ordtnance Apphcation of NEAR POST, L.L.C. for a Condttlonal Change of Zomng Dtstrtct Classtficatton ORDINANCE UPON APPLICATION OF NEAR POST, L L C FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FROM H- 1, B-2, B- 1 AND R-40 TO CONDITIONAL A-36 Ordinance upon Apphcatton of Near Post, L L C for a Change qf Zoning Dtstrtct Classt_ficatlon from H-1 Hotel District, B-2 Bustness Dtstrtct, B-1 Business District and R-40 Resldenttal Dtstrtct to Conchtlonal A-3 6 Apartment District on property located at 1020 and 1040 Laskin Road and a portton of Parcel A, Ortole Drtve (GPINS 2418613236, 2418616228, 2418246584, and a portlon of2418517557) The Comprehensive Plan recommends use ofthts stte for retail, servtce, office and other compattble uses serving surroundtng neighborhoods and communttles DISTRICT 5 - L YNNHA VEN Voting I0-0 (By ConsenO Council Members Voting Aye Harry E Dlezel, Margaret L Eure, Vice Mayor Louis R Jones, Richard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter gg Schmtdt, Ron A Vlllanueva, Rosemary Wilson and James L Wood Counctl Members Votmg Nay None Counctl Members Absent Reba S McClanan October 28, 2003 - 42 - Item V-K. 9. PLANNING ITEM # 51845 Upon motton by Vtce Mayor Jones, seconded by Counctlman Wood, Ctty Counctl DEFERRED INDEFINITELY Ordinances upon apphcatton of ALCAR, L L C for a Condtttonal Change of Zoning and Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF ALCAR, L L C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITIONAL R-10 Ordtnance upon Apphcatton of ALCAR, L L C fora Change ofZomng Dtstrtct Classtficatton from AG-1 and AG-2 Agrtcultural Dtstrtcts to Condtttonal R-10 Restdenttal Dtstrtct on the north stde of Ntmmo Parkway (unimproved), approxtmately 9lO feet west of Rocktngchatr Lane (GPIN 24045 73 796, 2404564943, 24043 71633) The Comprehenstve Plan recommends use of thtsparcel for restdenttal uses at or below 3 5 dwelhng untts per acre The Comprehenstve Plan also tdenttfies the stte as a Conservation Area where land-disturbing acttvtttes shouht be avoided, mtttgated, or under certatn condtttons prohtbtted DISTRICT 7 - PRINCESS ANNE ORDINANCE UPON APPLICATION OF ALCAR, L L C FOR A CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTION Ordtnance upon Apphcatton of ALCAR, L L C for a Condtttonal Use Permtt for Open Space Promotton on the north stde of Ntmmo Parkway (untmproved), approxtmately 910feet west of Rocktngchatr Lane (GPIN 2404573796, 2404564943, 2404371633) DISTRICT 7- PRINCESS ANNE Vottng 10-0 Counctl 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 A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Reba S McClanan Counctl Lady Wtlson DISCLOSED Pursuant to Confltct of Interests Act ~ 2 2-3115 (H) her husband ss a prtnctpal tn the accounttngfirm of Goodman and Company and earns compensatton whtch exceeds $1 O, 000 O0 annually Goodman and Company provtdes servtces to ALCAR, L L C Her husband does not personally provtde servtces to ALCAR, 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 ALCAR, L L C, she may parttctpate wtthout restrtctton tn Ctty Counctl's dtscusston of and vote on, the ordtnance, upon disclosure Council Lady Wilson's letter of October 28. 2003, ss hereby made a part of the record October 28, 2003 City of Virginia l~each ROSEMARY WILSON COUNCIL LADY - AT-LARGE PHONE (757) 422-0733 FAX. (757) 426-5669 October 28, 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 ALCAR, L.L.C.'s application for a change of zoning district classification and a conditional use permit with respect to unimproved land located at the north side of Nimmo Parkway, 910 feet west of Rocklngchair Lane, at GPIN 2404-57-3796 - 56- 4943. . I have a personal interest in this transaction because my husband is a principal in the accounting firm of Goodman and Company, and that company provides services to ALCAR, L.L.C. My husband does not personally provide services to ALCAR, L.L.C. o 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 ALCAR, L.L.C., the Act provides that I may participate without restriction in Councd's discussion of, and vote on, the ordinance, upon disclosure of this ~nterest. 310 53"°STREET, VIRGINIA BEACH, VA 23451 Mrs. Ruth Hodges Smith -2- October 28, 2003 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (H) . 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. Accordingly, I respectfully request that you record this declaration in the official records of C~ty Council. Thank you for your assistance and cooperation in this matter. Sincerely, Councilmember RAW/RRI - 43 - Item V-K. IO. PLANNING ITEM # 51846 Upon motton by Vtce Mayordones, seconded by Counctlman Wood, City CounctlADOPTED Ordtnances upon apphcatton of MALBON BROS. PETROLEUM, L.L.C. for Modtficatton of Condtttons, Condtttonal Change of Zomng and Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF MALBON BROS PETROLEUM, L L C FOR A MODIFICATION OF CONDITIONS TO APPLICATIONS OF EIGHTD CORP FOR A CONDITIONAL REZONING AND CONDITIONAL USE PERMIT APPROVED B Y CITY CO UNCIL ON APRIL 2 7, 1993 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Malbon Bros Petroleum, L L C for a Mo&l~catton olCCondtttons to apphcattons ofEtght D Corp for a Condtttonal Rezontng and Condtttonal Use Permtt approved by Ctty Counctl on Aprtl 2 7, 1993 Property ts located at 1896 General Booth Boulevard (GPIN 2415315378, 2415313399, 2415314208) DISTRICT 7- PRINCESSANNE ORDINANCE UPON APPLICATION OF MALBON BROS PETROLEUM, L L C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATIONFROM AG-2 TO CONDITIONAL B-2 ZO1031163 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton ofMalbon Bros Petroleum, L L C fora Change of Zontng Dtstrtct Classtficatton from AG-2 Agricultural Dtstrtct to Condtttonal B-2 Communtty Business Dtstrtct on property located on the northeast corner of General Booth Boulevard and Culver Lane (GPIN 2415316485) The Comprehenstve Plan recommends use of a portton of thts property for retatl, servtce, and office uses and a portton for restdenttal uses above 3 5 dwelhng untts per acre DISTRICT 7 - PRINCESS ANNE The followtng conchtton shall be reqmred 1 Agreement encompasstngproffers shall be recorded wtth the Clerk of the Ctrcutt Court and ts hereby made a part of the record ORDINANCE UPON APPLICATION OF MALBON BROS PETROLEUM, L L C FOR A CONDITIONAL USE PERMIT FOR A CAR WASH R0100331137 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Malbon Bros Petroleum, L L C for a Condtttonal Use Permtt. fora car wash on property located on the northeast corner of General Booth Boulevard and Culver Lane (GPIN 2415316485) DISTRICT 7- PRINCESS ANNE October 28, 2003 - 44- Item V-K. IO. PLANNING ITEM # 51846 (Continued) The followtng condtttons shall be requtred 1 No more than etght (8) self-serve car wash bays and no more than two (2) automated car wash bays shall be permttted on the stte An elevation of the proposed automated and self wash structure shall be submttted to the Planntng Department durtngfinal stte plan revtew The color of the metal standing seam roof, all vtstble tntertor supports and any other accent features depicted as red Streetscape landscaptng shall be installed along the General Booth Boulevard frontage for the parcel tdenttfied on the conceptual stte plan as GPIN 2415-31-6485 Thts landscaptng shall utthze the same species as that on the extsttng commercial site to the south 4 All tntertorproperty hnes shall be vacatedprtor to the tssuance of a Certtficate of Occupancy The final Landscape Plan shall tn 'clude the spectes, cahper (measured a breast hetghO, number and locatton of all extstmg trees greater than 10 tnches tn &ameter to rematn as well as the spectes, cahper, number and location of all proposed trees within the area identified as "wooded area" on the Conceptual Site Plan Trees within the wooded area shall be at least 50percent evergreen, 2 ~ tnches tn cahper at the ttme ofplanttng and shall be ofa spectes and at a spactng acceptable to the Planmng Department In addttton to the plant matertal deptcted on the stte plan wtthtn the "landscape area" to the west of the proposed car wash structure, Category I landscaping shall be tnstalled along the enttre northern foundatton of the automated wash structure ALtghttng Plan and/or a Photometric Diagram Plan shall be submttted durtngfinal site plan review Satd plan shall include the locatton of all pole mounted and butldtng mounted hghtmgfixtures, dtrectton of hght, and the hstmg of lamp type, wattage, and type of fixture Where hghttngfixtures are tnstalled along streets, tnparktng areas, or on the butldtngfor tllummatton purposes, all fixtures shall be of approprtate hetght and destgn to prevent any dtrect reflectton and/or glare toward adjacent uses and ctty streets Satd hghttng fixtures shall be conststent wtth the recommendattons for the Destgn Standards for General Booth Boulevard as descrtbed tn the Comprehensive Plan and a deptctton of the proposed fixtures shall be tncluded wtthtn the Ltghttng Plan Ltghttng shall be directed down at the ground, and not out horizontally or up tn the atr Any hghttng located on the back of the butldtng(s) must use approprtate shteldtng/screentng tn order to dtrect hght downward at the ground and not toward the adjacent properttes October 28, 2003 - 45 - Item V-K. IO PLANNING ITEM # 51846 (Continued) These Ordtnances shall be effective tn accordance wtth Section 107 09 of the Zomng Ordmance Adopted by the Council of the City of Virginia Beach, Vtrgtnta, on the Twenty-eighth of October, Two Thousand Three Votmg 10-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R done& 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 Councd Members Absent Reba $ McClanan October 28, 2003 ~ORm NO ~ S I 13 City o£ Virginia Beach INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5749 DATE' October 16, 2003 TO: Leslie L. Lilley ~ DEPT: City Attorney FROM' B. Kay Wilso~''J DEPT: City Attorney Conditional Zoning Application Malbon Bros. Petroleum, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 28, 2003. I have reviewed the subject proffer a~eement, dated April 24, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY SY15~$ tlOUt~DON, An~2~ & LivY, p c SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS CONDITIONS MALBON BROS PETROLEUM, L.L C , a V~rg~nia hm~ted hab~llty company TO CITY OF VIRGINIA BEACH, a mun~mpal corporatmn of the Commonwealth V~rgm~a AND THIS AGREEMENT, made this 24th day of April, 2003, by and between MALBON BROS. PETROLEUM, L.L.C., a V~rgm~a hm~ted habihty company, Property Owner, herein referred to as Grantor; and THE CITY OF VIRGINIA BEACH, a mumcipal corporatton of the Commonwealth of Virglma, Grantee, party of the second pa_rt. WITNESSETH: WHEREAS, Grantor is the owner of a certain parcel of property located in the Pnncess Anne D~stnct of the C~ty of V~rgima Beach, contalmng apprommately 32,294 square feet, demgnated "New Parcel" and described ~n Exhibit "A" attached hereto and incorporated herren by th~s reference. Smd New Parcel together w~th Parcels I, II and III are hereznafter referred to as the "Property"; and WHEREAS, Grantor is the owner of three (3) parcels of property ("Exasting Developed Property") located m the Princess Anne D~stnct of the Czty of V~rgima Beach, which together contmn apprommately 1.8 acres, being designated and described as Parcels I, II and III in Exhibit "A'. The Exist2ng Developed Property together wath the New Parcel are hereinafter referred to as the "Property"; and GPIN: 2415-31-6485 2415-31-5378 2415-31-3399 2415-31-4208 PREPARED BY §YI~S. t~0URDON AttERN & LEVY. WHEREAS, the Emst~ng Developed Property ~s subject to "Proffered Covenants, Restnctmns and Conditions" dated March 16, 1993 accepted by the Grantee and recorded ~n the Clerk's Office of the C~rcmt Court of the City of V~rgmia Beach, Virg~ma, in Deed Book 3208, at Page 1607, as previously modffied by "Amendment of Covenants, Restrictions and Conditions ...", dated May 31, 1994, accepted by Grantee and recorded ~n the aforesmd Clerk's Office ~n Deed Book 3435, at Page 0802; and WHEREAS, the Grantor has ~nmated a conditional amendment to the Zoning Map of the C~ty of Vzrgm~a Beach, V~rgama, by petition addressed to the Grantee so as to change the zomng classification of the New Parcel from AG-2 Agricultural District to B-2 Commumty Business D~strlct; and WHEREAS, the Grantor has ~nit~ated a cond~tmnal amendment to the Zoning Map of the C~ty of V~rgima Beach, Virgnnla, by petition addressed to the Grantee so as to modify, in part, the previously proffered Covenants, Restrlct~ons and Condmons govermng development of the Existing Developed Property; and WHEREAS, the Grantor has requested that the Grantee accept th~s Second Amendment To Proffered Covenants, Restrictions and Conditions whmh modffies and restates certain reasonable conditaons govermng the use of the Property for the protection of the community that are not generally apphcable to land similarly zoned; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the pubhc hearing before the Grantee, the following amended and restated conditions and restrictions whmh shall restrmt and govern the physical development, operation and use of the Property, to be incorporated as a part of the premously adopted amendment to the Zoning Map. NOW, THEREFORE, the Grantor, ~ts successors, personal representatives, asszgns, grantees, and other successors ~n title or znterest, voluntarily and without any requirement by or exaction from the Grantee or ~ts governing body and without any element of compulsion or qmd p.r.o quo for zomng, rezomng, rote plan, bmlding permit, or subdiwmon approval, hereby makes the following amended and mochfied declaration of conditions, covenants, restnctaons as to the phymcal development, operation, and use of the Property and hereby covenants and agrees that th~s PREPARED BY Jll~l <Vl~t~S. t~OURDON. }'LIF ~N & Lg~rY. PC declaratton shall constitute covenants runmng with the Property, which shall be binding upon the Property and upon all part~es and persons clazm~ng under or through the Grantor, 1ts successors, personal representataves, assigns, grantees, and other successors ~n interest or t~tle: 1. All exterior lighting on the Property shall be directed downward and shielded to d~rect light and glare away from all adjoining property. 2. When the Property is redeveloped, ~t w~ll be substantially in accordance with the ~Conceptual Site Plan of Conditional Rezoning and Use Permit For Malbon Bros. C~tgo Expansion ...,, dated 12/13/02, rev. 4/30/03, rev. 7/9/03, rev. 8/19/03 prepared by John E. Sirlne & Associates, Ltd , which has been exh~blted to the Virgima Beach C~ty Council and is on file w~th the Vlrgunia Beach Planning Department (the "Concept Plan") 3. The exterior design, materials and colors of the Existing Convenience Store and Existing (expanded) Canopy depicted on the Concept Plan will remain unchanged. The canopy vail be expanded to accommodate one additional petroleum dispensing station as depicted on the Concept Plan. 4. In accordance w~th the Concept Plan, the only bumnesses permitted to operate on the Property are gasoline sales ~n conjunction vath a convenience store and a car wash facility. 5. Building materials used to construct vimble exterior surfaces of the structures depicted on the Concept Plan shall be primarily brick, metal, glass, plex- glass, stucco or wood. 6. When the Property is redeveloped, the architectural features of the Car Wash depicted on the Concept Plan shall be substantaally in accordance vath the "ELEVATION OF MALBON BROTHERS CITGO EXPANSION", dated April 30, 2003, prepared by Porter/ield Demgn Center, which elevation has been exhibited to the Virginia Beach City Counml and ~s on file with the Virginia Beach Planning Department (the ~Car Wash Elevataon"). 7. Other than signage which may contain "trademark" colors and the accent colors on the car wash facihty depicted on the Car Wash Elevation, all other structures depicted on the Concept Plan shall utilize earth tone color schemes PREPARED BY SYEES. t~OUtlDON. 'UN & L~/Y. p c 8. In add~txon to mmntaimng the abundance of emsting landscaping along the Property's frontage on General Booth Boulevard and Culver Lane, a 15 foot wide Category IV Landscape Buffer will be planted and maintained along the northern boundary and a 50 foot wide landscaped and treed buffer w~ll be planted and maintained along of the eastern boundary of the property as depicted on the Concept Plan. 9. Further conditions may be reqmred by the Grantee during detmled Site Plan and/or Subdivmion review and admmmtrataon of apphcable C~ty codes by all cogmzant C~ty agencies and departments to meet all apphcable C~ty code reqmrements. Any references hereinabove to the B-2 Zoning District and to the requirements and regulatmns apphcable thereto refer to the Zomng Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, ~n force as of the date of approval of this Agreement by C~ty Council, whmh are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall contanue m 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 implementataon of a new or substantially revised Zoning Ordinance until specifically repealed. The condmons, however, may be repealed, amended, or varied by written instrument recorded m the Clerk's Office of the Circmt Court of the City of Virgama Beach, V~rgqnia, and executed by the record owner of the Property at the time or recordataon of such ~nstrument, provided that said ~nstrument ~s consented to by the Grantee ~n writing as evidenced by a certified copy of an ordinance or a resolutaon adopted by the governing body of the Grantee, after a pubhc heanng before the Grantee which was advertised pursuant to the prommons of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Smd ordinance or resolution shall be recorded along wath smd instrument as conclumve evidence of such consent, and ~f not so recorded, smd ~nstrument shall be void The Grantor covenants and agrees that: PREPARED BY SYKI:§, t]OUt~DON. (1) The Zoning Administrator of the City of V~rginla Beach, Vlrgima, shall be vested wuth all necessary authority, on behalf of the govermng body of the City of Virginia Beach, V~rg~ma, to administer and enforce the foregoing condlt~ons and restrictions, including the authority (a) to order, ~n writing, that any noncomphance vath such condmons be remedied; and (b) to bring legal action or stat to ~nsure comphance w~th such condlt~ons, including mandatory or prohibitory lnjunct~on, abatement, damages, or other appropriate actton, suit, or proceeding; (2) The failure to meet all condmons and restrictions shall constitute cause to deny the issuance of any of the required bmlding or occupancy permits as may be approprmte; (3) If aggrieved by any decision of the Zomng Adm~mstrator, made pursuant to these provimons, the Grantors shall petltmn the governing body for the remew thereof prior to ~nst~tuttng proceedings ~n court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zomng of the Property, and the ordinances and the conditions may be made readdy avmlable and accessible for pubhc ~nspect~on m the office of the Zomng Administrator and ~n the Planmng Department, and they shall be recorded xn the Clerk's Office of the Circuit Court of the City of V~rglnia Beach, Virgama, and indexed in the name of the Grantors and the Grantee. PREPARED BY §YI(ES i~OURDON, ,AJ4ERN & Lk-'VY. P C WITNESS the following signature and seal: GRANTOR: Malbon Bros. Petroleum, L.L C., a Virginia hmited habxhty company By: Michael S. Malbon, Managing Member (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregozng instrument was acknowledged before me this 30th day of April, 2003, by Michael S. Malbon, Managung Member of Malbon Bros. Petroleum, L.L.C., a Virgima limxted liability company. Notary Public My Commission Expires: August 31, 2006 6 PREPARED BY §YILES. [10URDON. ,4,q~:~N & LEVY. p C EXHIBIT "NEW PARCEL" All that certain tract, piece or parcel of land and the appurtenances thereon, situate in the City of Virginia Beach, State of Virginia, known, numbered and designated as Parcel "B" of that property known as the Property of B. G. White, Sr., said property being situated on the eastern szde of Oceana Boulevard and bounded and described as znd~cated on a plat made by W. B. Gallup, County_ Surveyor, dated January 24, 1958, which plat is duly recorded m Deed Book 530, at Page 101 and reference to same is hereby made for a more partmular description. GPIN. 2415-31-6485 "PARCEL I" ALL THAT certain lot, piece or parcel of land, situate, lying and being xn the City of Vzrgima Beach, Virginia, and being known and demgnated as "R.H. Owens," as shown on plat recorded in the Clerk's Office of the Circuit Court of the City of Virglma Beach, Virgzma, m Map Book 23, at page 83, and being more particularly described as follows Beginmng at a pm on the Southern rode of the Courthouse Road, which pin xs North 54 degrees and 50 minutes East 165 feet from a pipe m the dzvxding hne between the property hereby conveyed and the property of E C. Culver (formerly Sheppard) and proceeding thence South 69 degrees and 30 m~nutes East 86.2 feet to a pxn; thence along the same course 291.9 feet to a pin; thence turmng and running South 20 degrees and 30 minutes West 106.23 feet to a pzpe on the Northern line of a 30 foot right of way between the property hereby conveyed and the property of E.C. Culver; thence running along the 30 foot right of way North 69 degrees and 30 m~nutes West 356.9 feet to the Southern line of Courthouse Road; thence North 54 degrees and 51 mxnutes East 135 feet, more or less, to a pm at point of begmmng, SAVE AND EXCEPT AND EXPRESSLY EXCLUDING that portion of the property heretofore conveyed and/or dedicated for the widening of General Booth Boulevard by instruments recorded in the Clerk's Office aforesaid in Deed Book 2263, at page 99, and In Deed Book 2255, at page 1530, reference being made to the plat recorded in Map Book 164, at page 49, in the Clerk's Office aforesaid, for a more particular descnptzon of the said excepted and excluded land. GPIN: 2415-31-4208 "PARCEL II" ALL THAT certain lot, piece or parcel of land, being known, numbered and designated as Parcel "A" on the plat of Property of H C White, Sr, Located near Dam Neck in the City of %rgima Beach, Virginia, formerly the County of Princess Anne, made by W B Gallup, County Surveyor, said plat being duly recorded in the Clerk's PREPARED BY SY[[~ ]~OURDON ,4~q[~N & LEVY. p C Office of the Clrcmt Court of the City of Vlrg~ma Beach, ~n Deed Book 530 at page 101 (erroneously referred to in previous deed as Map Book 16 at page 25. LESS AND EXCEPT that portion of the above described property, which is now known as Parcel 034, demgnated and described as "TAKE AREA = 2,130.335 SQ. FT. - 0.04891 AC." as shown on that certain plat entitled' "PLAT OF PARCEL 034 - GENERAL BOOTH BOULEVARD - PROPERTY OF WILLIAM D. & ANN M. OSBORNE, D. B. 856, PG. 52, D.B. 530, PG 101 (PLAT), T/W ACQUISITION PLAT FOR PARCEL - GENERAL BOOTH BOULEVARD - PHASE I - FOR CITY OF VIRGINIA BEACH, SCALE: 1"=50', TALBOT & ASSOCIATES, LTD., ENGINEERS, SURVEYORS, PLANNERS, ARCHITECTS, P. O. BOX 2224, VIRGINIA BEACH, VA. 23452." Said plat is recorded in the Clerk's Office of the C~rcmt Court of the City of Virginia Beach, m Map Book 116 at Page 37. GPIN: 2415-31-5378 "PARCEL III" ALL THAT certmn lot, piece or parcel of land, located in Seaboard Magisterial Dmtnct, Vxrgama Beach, Vxrgima, and bounded and described as follows' BEGINNING at a point located on the south side of State Hxghway No. 615, which point marks the common boundary of the property hereby conveyed and the property of Reggxe Capps, and from the point thus estabhshed running N 57° 08' E and along the south side of smd highway a distance of 150 feet to a point;' running thence S 32° 52' E a dmtance of 200 feet to a point; thence running south 57° 08' W a dzstance of 16 95 feet to a point; thence running N 66° 30' W a dzstance of 240 21 feet to the point or place of beginning. The property hereby conveyed being shown on a plat of the same entitled, "Survey of site on Route No 615, Pnncess Anne County V~rgama, for H. C. White, Jr.," recorded in the Clerk's Office of the Cxrcuit Court of the Cxty of Vxrgmla Beach, Virginia m Map book 41 at Page 45 LESS AND EXCEPT that portion of the above described property now known as Parcel 035, designated and described as: "TAKE AREA = 4654 367 SQ. FT. - 0.107 AC." as shown on that certain plat entitled: "PLAT OF PARCEL 035 - GENERAL BOOTH BOULEVARD - PROPERTY OF WILLIAM D & ANN M. OSBORNE, D.B. 1728, PG 577, M.B. 41, PG 45, R/W ACQUISITION PLAT FOR PARCEL - GENERAL BOOTH BOULEVARD - PHASE I - FOR CITY OF VIRGINIA BEACH, SCALE: 1'=50', TALBOT & ASSOCIATES, LTD., ENGINEERS, SURVEYORS, PLANNERS, ARCHITECTS, P O BOX 2224, VIRGINIA BEACH, VA 23452." Said plat xs recorded m the Clerk's Office of the Circuit Court of the City of Virgmxa Beach m Map Book 166, at page 37. GPIN 2415-31-3399 - 46- Item V-K. 11 PLANNING ITEM # 5184 7 Upon motion by Vtce Mayor Jones, seconded by Counctlman Wood, Ctty Counctl ADOPTED Ordtnance upon apphcatton of FRANK BLOCKER for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF FRANK BLOCKER FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND RENTAL RO100331138 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Frank Blocker for a Condtttonal Use Permtt for motor vehtcle sales and rental on property located at the southeast mtersectton of Lynnhaven Parkway and Vtrgmta Beach Boulevard (GPIN 1497640855) DISTRICT 6- BEACH The following condtttons shall be reqmred The site shall be developed substanttally tn accordance wtth the submttted "Conceptual Stte Layout Plan Of RK CHEVROLET'; Lynnhaven Parkway and Vtrgtma Beach Boulevard, prepared by MSA PC, and dated 06/2 7/03, except only seven (7) Subaru vehtcles shall be dtsplayed on the stte Satd plan has been exhtbtted to the Vtrgtnta Beach Ctty Counctl and ss on file wtth the Vtrgtnta Beach Department of Planmng The apphcant shall adhere to all the condmons attached to the Chesapeake Bay Preservatton Area Ordtnance vartance that was approved by the Ctty of Vtrgtnta Beach Chesapeake Bay Board for the stte on May 28, 2003, except only seven (7) Subaru vehtcles shall be &splayed on the site The apphcant shall tnstall decorattve fenctng along the pertmeter of the stte adjacent to Vtrgtma Beach Boulevard and Lynnhaven Parkway The proposed fenctng shall meet the reqmrements of the Ctty Zontng Ordtnance, Sectton 20I (e) The apphcant shall submtt detatled engtneertng plans for the proposed temporary (engtneered) ramp to be used to move the vehtcles on and off the stte to the Planmng Dtrector for revtew and approval The apphcant shall be responstble for repatr of any damage to the Ctty q£ Vtrgtnta Beach curbtng, green space and sidewalk tn the areas to be used for movtng the vehtcles on and off the stte October 28, 2003 -47- Item V-K. 11 PLANNING ITEM # 5184 7 The vehtcles shall only be moved on and off the stte durtng the hours of 9 30 p m to mtdmght, and shall not be moved more than one (I) day per month The apphcant shall tnstall or enhance, tf necessary, any extstmg pedestrtan stgnahzatton at the tntersectton of Vtrgtnta Beach Boulevard and Lynnhaven Parkway, subject to the approval of the Ctty of Vlrgtnta Beach Pubhc Works Department / Traffic Engtneertng Dtvtston 8 The Conditional Use Permtt shall be revtewed administratively on annual basts The only stgnage permttted for the stte shall be a monument style freestanding sign to be approved by the Planning Director There shall be no pennants, streamers, banners or balloons &splayed on the stte 10 Loudspeakers shall not be tnstalled on the stte 11 Vehtcles shall not be dtsplayed on ramps 12 Salespersons shall not brtng customers on the stte Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance Adopted by the Councd of the Ctty of Vtrgtma Beach, Vtrgtnta, on the Twenty-etghth of October, Two Thousand Three Vottng 9-1 (By Consent) Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Rtchard A Maddox,, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Counctl Members Vottng Nay Mayor Meyera E Oberndorf Councd Members Absent Reba S McClanan October 28, 2003 i I - 48- ITEM # 51848 Mayor Meyera E Oberndorf entertatned a motton to permit Ctty Council to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of l/trgtnta, as amended, for the followtng purpose PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve candtdates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, dtsctphntng, or restgnatton of spectficpubhc officers, appotntees, or employees pursuant to Sectton 2 2-3 711 (A) (1) To Wit Appotntments Boards and Commtsstons Chesapeake Bay Preservatton Area Board Mtnortty Business Counctl Old Beach Dtstrtct Master Plan Advtsory Board Parks and Recreatton Commtsston Performtng Arts Theatre Advtsory Commtttee Tidewater Regional Group Home Commtsston Towtng Advtsory Board PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the con&tton, acqutsttton, or use of real propertyforpubhcpurpose, or of the dtsposttton of pubhcly- held property, or of plans for the future of an tnstttutton whtch could affect the value of property owned or destrable for ownership by such tnstttutton pursuant to Sectton 2 2- 3711(A)(3) Acqutsttton/Dtsposttton of Property- TownCenter LEGAL MATTERS Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable httgatton, or other spectfic legal matters requiring theprovtston of legal advice by counsel pursuant to Section 2 2- 3711 (A)(7) Contractual Negottattons TownCenter Upon motton by l/tce Mayor clones, seconded by Counctlman Schmtdt, Ctty Counctl voted to proceed tnto CLOSED SESSION (7:32 P.M.). Vottng 9-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, 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 Reba S McClanan and Rtchard A Maddox (7:32 P.M. - 8:50 P.M. ) October 28, 2003 - 49 - ITEM # 51849 Mayor Meyera E Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, October 29, 2003, at 8 50 P M Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Absent Reba S McClanan October 28, 2003 - 50- CERTIFICATION OF CLOSED SESSION ITEM # 51850 Upon motton by Counctlman Maddox, seconded by Counctlman Reeve, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc busmess matters lawfully exempted from Open Meetmg requtrements by Vtrgtnta law were dtscussed tn Closed Session to whtch thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton convemng the Closed Session were heard, dtscussed or considered by Vtrgtnta Beach Ctty Council Vottng 10-0 Counctl 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, Rosemary Wtlson, Ron A Vtllanueva and James L Wood Council Members Vottng Nay None Counctl Members Absent Reba S McClanan October 28, 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 # 51848, page 48, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS Section 2 2-3 711 (A) of the Code ofVlrglma reqmres a certification by the govermng body that such Closed Session was conducted ~n conformity with Vlrg~ma law NOW, THEREFORE, BE IT RESOLVED That the V~rg~ma Beach City Counml hereby certifies that, to the best of each member's knowledge, (a) only public bus~ness matters lawfully exempted from Open Meeting requirements by V~rglma law were discussed ~n Closed Session to which this certification resolution apphes, and, (b) only such pubhc bus~ness matters as were ~dent~fied in the motion convening th~s Closed Session were heard, discussed or considered by Virginia Beach C~ty Council .l~th H0dges~m~th, MMC C~ty Clerk October 28, 2003 -51 - Item V-M. 1. APPOINTMENTS ITEM it 51851 BY CONSENSUS, Ctty Council RESCHEDULED the following APPOINTMENTS: MINORITY BUSINESS CO UNCI£ TIDEWATER REGIONAL GROUP HOME COMMISSION October 28, 2003 i Item V-M. 2 - 52 - APPOINTMENTS ITEM # 51852 Upon NOMINATION by Councdman Maddox, Ctty Councd APPOINTED Karen Barnard Steve Cowan Kenneth M. Lowe, Jr. Jacob Thompson Dale Stahl Art Walker 3 year terms 11/01/2003 - 6/30/2006 TO WING AD VISOR Y BOARD Vottng 10-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Rosemary Wdson, Ron A Vtllanueva and James L Wood Councd Members Vottng Nay None Councd Members Absent Reba S McClanan October 28, 2003 .53 - Item V-P. AD JO URNMENT ITEM # 51853 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 8 58 P M Beverly 0 Hooks, CMC Chtef Deputy Ctty Clerk Louts R Jones Vtce Mayor Ruth Hodges Smtth, MMCA Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta October 28, 2003 -53 - ADJOURNMENT ITEM#51853 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:58 P.M BeverlHooks, CMC Louis R.Jones - Chief Deputy City Clerk Vice Mayor �• � 1bQ1La Ruth Hodges Smith, MMCA LICAltd241 Me- era E. berndorf City Clerk Mayor City of Virginia Beach Virginia October 28, 2003