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HomeMy WebLinkAboutDECEMBER 2, 2003 MINUTES,CITY COUNCIL MAYOR MEYERA E O BERND ORF, At-Large VICE MAYOR LOUIS R JONES, Baystde -Dtstrtct 4 HARRY E DIEZ, EL, Kerapsvdle -Dtstrtct 2 MARGARET L EURE, Centervdle -Dtstrtct 1 REBA S McCLANAN. Rose Hall -Dtstrtct $ RJCHARD A MADDOX. Beach - DtstrJct 6 JIM REEVE Pmncess Anne -Dtstmct 7 PETER W SCHMTDT At-Large RON A VILLANUEVA. At-Large ROSEMARY WILSON, At-Large JAMES L WOOD, Lynnhaven -Dtstrtct 5 JAMES K SPORE. Ctty Manager LESLIE L LILLEK Ctty Attorney RUTH HODGES SMITH, MMC, Cay Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl~vbgov corn December 2, 2003 lo CONSTITUTIONAL OFFICER'S BRIEFING - Conference Room- Ao SENIOR CITIZENS REAL ESTATE TAX RELIEF TASK FORCE Sheriff Paul J. Lantelgne 1:30 P.M. II REVIEW OF AGENDA ITEMS III. COUNCIL LIAISON REPORTS IV CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 3:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION 6:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Jonathan Bennett Baylake United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS November 25, 2003 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCES le Ordinance to MODIFY the application of City Code § 2-85 re maxmaum carry-over annual leave and TRANSFER $64,635 from the Reserve for Contingencies for the John Muhammad trial to the Sheriff's FY 2003-04 Operating Budget re paying applicable employees for unused annual leave in excess of the maximum four hundred (400) hours allowed. Ordinance to TRANSFER $117,175 from the General Fund Reserve for Contingenmes to the General Registrar's FY 2003-04 Operating Budget to provide funding for a February 10, 2004, Presidential Primary Election. o Ordinance to AUTHORIZE a temporary encroachment into a portion of the right-of-way at Stratton's Creek by JOHN W., JR. and TAMMY A. WILSON to maintmn an existing bulkhead, rip-rap and dock at 444 Goodspeed Road (DISTRICT 5 - LYNNHAVEN) I I I J. PLANNING o Pet~taon for a Vartance to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the Cxty Zonxng Ordinance (CZO) and allow the property to be &vided into twenty-four (24) ad&tlonal lots w~th one (1) flag lot for KEMP ENTERPRISES, INC. on the south side of Bonney Road, 563 feet east of Kenley Road (DISTRICT 2 - KEMPSVILLE) Recommendation. APPROVAL , Apphcations ofF. DONALD REID at 3592 In&an River Road. (DISTRICT 7- PRINCESS ANNE) Vartance to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Or&nance (CZO) and to allow a forty-five (45) foot lot sub&v~s~on wah open space and walking trails in the Transition Area Change ofZomng Dtstrtct Classzficaaon from AG-1 and AG-2 Agricultural Districts to Conditional R20 Residential District c. Con&aonal Use Permtt re Open Space DEFERRED INDEFINITELY: Recommendation: September 23, 2003 APPROVAL . Application of THE CARPENTER'S HOUSE COMMUNITY CHURCH for a Condiaonal Use Permit re a church at 1314 Kempsville Road. (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL . Application of the CHURCH OF THE ASCENSION for a Conchttonal Use Permit re a columbarium at 4853 Princess Anne Road. (DISTRICT 2- KEMPSVILLE) Recommendation: APPROVAL , Application of ALLTEL COMMUNICATIONS, INC. for a Con&tional Use Permit re a communications tower at 812 Sandbridge Road (DISTRICT 7- PRINCESS ANNE) Recommendation: APPROVAL Apphcation of HOME ASSOCIATES OF VIRGINIA, INC. for a Change qfZoning District Classzficaaon from AG-2 Agricultural District to Conditional R-7.5 Residential District at 960, 964 and 966 Old Dam Neck Road DEFERRED INDEFI2qlTELY: Recommendataon. October 28, 2003 APPROVAL o o . i Application of SHIPPS HOLLAND ASSOCIATES, L.L.C. for a Change ofZomng Dtstrict Class~ficatton from AG-1 Agricultural District to Conditional I-1 Light Industrial District on the south s~de of Shipps Comer Road, approximately 200 feet east of Holland Road. (DISTRICT 6- BEACH) Recommendation: APPROVAL Apphcat~ons of R. J. MCGINNIS on the east side of Holland Road, south of Shipps Comer Road (DISTRICT 6- BEACH) Change ofZomng Dtstrtct Classtficatton from AG-1 Agricultural District to Conditiona B-2 Community Bus,ness b. Con&ttonal Use Permzt re a ear wash Recommendation: APPROVAL Ordinance to AMEND the Comprehensive Plan as recommended and certified by the Plannin Commission. Recommendation: ADOPTION Ko APPOINTMENTS MINORITY BUSINESS COUNCIL PERFORMING ARTS THEATRE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) L. UNFINISHED BUSINESS M. NEW BUSINESS No ADJOURNMENT tgenda 1 lf24/03/gw If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFF/CE at 42%4303 Hearing impaired, call: TDD only 4274305 (TDD- Telephonic Device for the Deaf) I I I MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 2 December 2003 Mayor Meyera E Oberndorf called to order the Constttuttonal Officer's Brtefing g re SENIOR CITIZENS REAL ESTATE TAX RELIEF TASK FORCE tn the Ctty Council Conference Room, Ctty Hall, on Tuesday, December 2, 2003, at 1 30 P M Council Members Present Harry E Dtezel, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt and Rosemary Wdson Councd Members Absent Margaret L Eure Ron A Vdlanueva [Entered 1 55 P M] [Entered 2 40 P M] dames L Wood [Entered 2 O0 P M Mother, Dorothy Wood, recetvtng Women tn Bustness Achtevement Award] -2- ITEM # 51940 Mayor Oberndorf expressed apprectatton to Davtd Sulhvan, Chtef lnformatton Officer, and Shertff Lantetgne for thetr dedtcated and successful efforts tn conjunctton wtth the John Allen Muhammad Trial -3- CITY MANA GER 'S BRIEFING SENIOR CITIZENS REAL ESTATE TAX RELIEF TASK FORCE 1:30 P.M. ITEM # 51941 Shertff Paul J Lantetgne, Co-Chatr - Senior Citizen Real Estate Tax Relief Task Force advtsed the Task Force was estabhshed by resolutton of the Vtrgmta Beach Ctty Council (ADOPTED May 6, 2003) to provtde recommendations for the evaluatton and tmprovement of the Ctty's real estate tax rehef program for sentor ctttzens Shertff Lantetgne expressed apprectatton to the Members of the Senior Citizen Real Estate Tax Relief Task Force: The Honorable Owen B. Pickett Co-Chair Rita Sweet Bellitto Andrew Edwards Dorcas T. Helfant David W. Matson John D. Moss Edward Ruffin Amando S. Salinas Dale W. Tyree Charles R. Wall Council Liaisons Richard A.Maddox Jim Reeve Ron A. Villanueva City Support Staff Leslie Lilley City Attorney Larry Spencer Associate City Attorney Jerald Banagan Real Estate Assessor Catheryn Whitesell Director - Resource Management Paul Harris Management Services Carolyn Tillman Sheriff's Office November 25, 2003 -4- CITY MANA GER 'S BRIEFING SENIOR CITIZENS REAL ESTATE TAX RELIEF TASK FORCE ITEM # 51941 (Continued) Carolyn Ttllman provided tnvaluable asststance wtth Mtnutes, comptlatton of the Report and the Presentatton before Ctty Counctl Rettred Chtef of Pohce Charles Wall ts the only Task Force member able to attend the Ctty Council Sesston The Task Force has structured tts report tnto three (3) categortes (1) recommended changes that can be tmplemented under extsttng state law, (2) recommended changes to extsttng state law that would be requtred to expand the current tax rehef program, and, (3) recommended State constttuttonal amendment to permtt a local optton non-means tested tax freeze for all sentor ctttzens RECOMMENDED CHANGES THAT CAN BE IMPLEMENTED UNDER EXISTING STATE LA W ADOPT the current State Maxtmum Income Ltmtt of $52, 000 ADOPT the current State Net Combtned Ftnanctal Worth Ltmtt to the State Ltmtt of $195,000 Set the Ctty's income level for full real estate tax rehef at fifiy (50%) percent ($26, 000) of the Ctty's Maximum Income Ltmtt Implement a phastng of the real estate tax rehef for tncome levels greater than the Ctty's tncome level for full real estate tax rehef ($26,0000) by estabhshtng four (4) brackets for reducing the percentage of abatement unttl tt reaches zero (0) at $52,000 of tncome Allow semor ctttzens the optton of paytng real estate taxes quarterly or monthly Ehmmate the current eight (8%)percent tnterest charge on the City's real estate tax deferral program Implement the foregoing changes in a phased manner in order to mlnlmlze fiscal concerns, but not longer than five years RECOMMENDED CHANGES TO CURRENT STATE LA W Allow localities the option of setting their respective maximum income limits applicable to their senior citizen real estate tax exemption programs at the locality's median family income adJusted for inflation Allow localities to adjust the State Net Comblned Financial Net Worth Limit annually to reflect changes in the consumer prlce index Link age eligibility requirement for real estate tax relief to the eligibility age for full retirement benefits under Social Securtty December 2, 2003 -5- CITY MANA GER 'S BRIEFING SENIOR CITIZENS REAL ESTATE TAX RELIEF TASK FORCE ITEM # 51941 (Continued) RECOMMENDED CHANGE TO STATE CONSTITUTION Amend the State Constttutton to allow for a local option non-means tested tax freeze for all senior citizens Achtevtng the City's goal of a "Community for a Lifetime "for the City's semor ctttzens was the Task Force's over-arching objective The Task Force beheves tt ts the City Council's responstbthty to evaluate and determtne the fiscal tmpltcattons of the recommendattons made tn thts report Whtle fiscal tmpacts were not controlhng tn the dehberattons of the Task Force, the Task Force was not mdtfferent to fiscal constderattons and tmpacts tn maktng recommendattons The Ctty staff asststtng the Task Force shared thetr best estimates of the tax tmphcattons to the City and the tax savtngs that sensor ctttzens may expertence based on a vartety of recommendattons constdered by the Task Force Data provtded to the Task Force shows that the recommendations heretn can be tmplemented wtthout reductng current revenues These recommendattons can be accomphshed through a reduction tn revenue growth of real estate taxes Estimated Financial Impact of Task Force Recommendations Adopt the Maximum State tncome and Net Worth Ltmtts, wtth full real estate tax rehef at 50% ($26, 000) of the Ctty's Maxtmum Income Ltmtt Allow sensor ctttzens the option of paytng real estate taxes quarterly or monthly Ehmtnate the current eight (8%) percent tnterest charge on the Ctty's real estate tax deferral program Adopt a non-means tested tax freeze for all sensor ctttzens $4 5-MILLION per year tncremental impact Impact ss not available at thts ttme Improved cash flow and tnterest tncomes are expected to offset the addtttonal prtnttng and mathng costs Impact ss dtfficult to esttmate, but staff beheve that st will be neghgtble Between $1 25-MILLION and $1 8-MILLION per year tmpact for elderly only Implementtng a non-means tested freeze program (wtth no tncome or net worth requtrements) would requtre a change to the Code of Vtrgtnta as well as a change to the Vtrgtnta Constttutton The latter requtres approval by the General Assembly and the passage of a Referendum by the voters Thts ss requtred because the Constttutton only authortzes parttal tax exemptton for persons "beartng an extraordtnary tax burden" tn relatton to thetr tncome and net worth, thts requtrement would have to be deleted The process requtred to effect such an amendment ss spelled out tn the Constttutton of Vtrgtnta (1971), Arttcle XII "Future Changes ", Sectton 1 A mendtnents) Amendments requtre approval by both the House and Senate tn consecuttve terms of the General Assembly, after whtch a referendum electron on the proposed amendment must occur IJ the General Assembly approves the legtslatton tn thts upcoming sesston, an amendment removtng the ~neans testtng requtrement could not become law unttl January 1, 2007, whtch means thts change would be effecttve tn the FY 2007-08 Budget December 2, 2003 -6- CITY MANA GER 'S BRIEFING SENIOR CITIZENS REAL ESTATE TAX RELIEF TASK FORCE ITEM # 51941 (Continued) Shertff Lantetgne advised the concerns of Dtsabled Veterans was dtscussed However, the Task Force dtd not beheve the dtrectton of thetr Resolutton encompassed thts facet The Senior Ctttzens Tax Rehef ts tted dtrectly wtth the handicapped and dtsabled The number ofhandtcapped ts dtfficult to ascertatn Two tssues whtch were dtscussed, but not tncluded, were revtewtng a residency requirement t e Massachusetts requtres five (5) years restdence for their Tax Rehef Program, and the roll back process stmtlar to land use taxes tn the rural portton of the Ctty Paul Harris, Resource Management, advised the cost esttmates tnclude an esttmate for &sabled, however the data available ts hmtted The State's defimtton of dtsabled ts different from the Census Bureau whtch provides the preferable definttton This ts a self reported tssue The Code of Vtrgtma requtres two medtcal affidavtts to declare dtsabthty The figures submitted do provide a &sabled cost esttmate to brtng to the State's cap, however tt ts an esttmate There ts no cost esttmate relattve the dtsabled portton of a non-means tested freeze for elderly and dtsabled The Mayor advtsed the Merchant Marmes who served during World War II are also forcefully lobbying for a complete exemptton The Task Force recogmzed Senior Ctttzens requtre much less relattve Ctty services Thts ttem was suggested to be SCHEDULED for a Pubhc Heartng on danuary 6, 2003 B Y CONSENSUS, the Ctty Counctl concurred wtth movmg theprocess re Senior Citizens Tax Reliefforward and advtse the General Assembly representattves Catheryn Whttesell, Director- Resource Management, advtsedprehmtnary tnformatton relattve cost tmpact re phasing strategtes has been provtded to the Ctty Manager These tmpacts wtll be factored mto the Ftve- Year Forecast Mrs 14/httesell suggested watttng unttl the approval process tnvolvtng the FY 2004-2005 Operattng Budget to observe all compettng demands for available revenue Thts presentatton wtll be placed on the City's webstte www vbgov corn The Task Force Report wtll be placed tn the Ltbrartes forperusal by thepubhc CD Rohm dtscs of the Task Force Report were also suggested for dlstrtbutton to ctttzens who request same Counctlman Lantetgne referenced the suggestton for an apphcatton process prtor to the constderatton of the FY 2004 - 2005 Operattng Budget 7his would enable accurate cost figures re tncreased growth prtor to the adoption of the FY 2004-2005 Operattng Budget December 2, 2003 _ AGENDA RE VIE W SESSION 3:00 P.M. ITEM # 51942 H2 Or&nance to TRANSFER $117,175 from the General Fund Reserve for Conttngenctes to the General Regtstrar's FY 2003-04 Operattng Budget to provtde funding for a February 1 O, 2004, Presidential Primary Election Catheryn Whttesell advtsed the onlyfundtng recetved from the State ts a parttal retmbursement of the Voter Regtstrar's salary Wtth the new Federal Voter's Act, approximately $1/2-MILLION should be recetved to offset the costs At thepresent ttme , the State has not approved an electronic voting machine, nor electronic polling books. Mayor Oberndorf expressed concern relattve the "touch screen" vottng, and abthty to confltct wtth the actual vote Mrs Whttesell advised the methodology and the machtne would be chosen by the State The Ctty ts sttll under the gottng Rtghts Act ITEM # 51843 BY CONSENSUS, the following shall compose the CONSENT AGENDA: ORDINANCES I1 Ordtnance to MODIFY the apphcatton of Ctty Code 2-85 re maxtmum carry-over annual leave and TRANSFER $64,635from the Reserve for Conttngenctes for the John Muhammad trial to the Shertff's FY 200304 Operattng Budget re paying apphcable employees for unused annual leave tn excess of the maxtmum four hundred (400) hours allowed 12 Ordtnance to TRANSFER $117,175 from the General Fund Reserve for Conttngenctes to the General Regtstrar's FY 2003-04 Operattng Budget to provtde fundmgfor a February 1 O, 2004, Presidential Primary Election 13 Ordtnance to AUTHORIZE a temporary encroachment tnto a portton of the rtght-of-way at Stratton's Creek by JOHN }Y., JR. and TAMMYA. }VILSON to matntatn an extstmg bulkhead, rtp-rap and dock at 444 Goodspeed Road (DISTRICT 5 - L YNNHA VEN) December 2, 2003 -8- ,4 GEND,4 RE VIE W SESSION ITEM # 51944 .12 Apphcattons ofF. DON,4LD REID at 3592 Indtan Rtver Road (DISTRICT 7 - PRINCESS ANNE) a Vartance to ~ 4 4(b) of the Subdtvtston Ordtnance that requtres all newly created lots meet all the requtrements of the Ctty Zomng Ordinance (CZO) and to allow a forty- five (45)foot lot subdtvtston wtth open space and walking trails tn the Transition Area b Change ofZonmg Dtstrtct Classtficattonfrom ,4G-1 and ,4G-2 A grtcultural Dtstrtcts to Condtttonal R20 Restdenttal Dtstrtct c Condtttonal Use Permit re Open Space Thts ttem wtll be dtscussed durtng FORMAL SESSION, as there are speakers regtstered ITEM # 51945 .13 Apphcatton of THE C,4RPENTER'S HOUSE COMMUNITY CHURCH for a Condtttonal Use Permtt re a church at 1314 Kempsvtlle Road (DISTRICT 2 - KEMPSVILLE) Counctl Lady McClanan expressed concern relative the trees rematntng Counctlman Dtezel wtll confer with the apphcant Council Lady Eure referenced a constderatton tn her Dtstrtct for a Worshtp Center to conduct hve mustc for a teen ntght The facthty ts twenty (20)feet from a restdenttal area and thtrty (30)feet from an tnfants room Council Lady Eure tnqutred tf the Church was allowed to have mustc wtth a hve band as the Church backs up to restdenttal Stephen White, Planntng, advtsed as long as condtttons of the Condtttonal Use Permtt were not vtolated, thts event would be allowed ITEM # 51946 .15 Apphcatton of ,4LL TEL COMMUNIC,4 TIONS, INC. for a Condtttonal Use Permit re a communications tower at 812 Sandbrtdge Road (DIStRICt 7- PRINCESS ANNE) Correspondence from Steven Danner, adjacent restdent, stattng Opposition ts hereby made a part of the record Mayor Oberndorf and Counctl Lady McClanan wtll vote NAY on thts ttem December 2, 2003 -9- AGENDA RE VIEW SESSION ITEM # 5194 7 J6 Apphcatton of HOME ASSOCIATES OF VIRGINIA, INC. for a Change o_f Zomng Dtstrtct Classtficatton from AG-2 Agricultural District to Conditional R-7.5 Residential District at 960, 964 and 966 Old Dam Neck Road (DISTRICT 7- PRINCESS ANNE) Thts ttem shall be dtscussed during Formal Sess ton ITEM # 51948 Ordtnance to AMEND the Comprehensive Plan as recommended and certtfied by the Planning Commtsston Counctlman Reeve dtstrtbuted a mtnor modification to Page 2 of Attachment B Revtse the Tttle of Chapter 5, Transttton Area to read Prtncess Anne Orormerly the Transttton Area) and revtse the Comprehensive Plan accordingly Delete the next sentence and replace wtth the followtng "The ttme has come to formally recogmze an area of Vtrgmta Beach that has such a rtch herttage and brtght future Not only was the seat of government for Prtncess Anne County located tn this area, but tt ts sttll seen as the "Gateway" to our rural south After many months of comprehensive and thoughtful plannmg, we have adopted gutdehnes that wtll conttnue to shape thts area and provtde a clear vtston of tts potential Prtncess Anne wtll now stgntfy an area of the Ctty that respects tts past and plans for tts future The Navy's requested amendments shall be revtewed and other amendments shall be dtscussed durtng the Formal Session ITEM # 51949 B Y CONSENSUS, thefollowtng shall compose the PLANNING B Y CONSENT AGENDA: PLANNING J1 Petttton for a Vartance to 3g 4 4(b) of the Subdtvtston Ordtnance that requtres all newly created lots meet all the requtrements of the Ctty Zoning Ordtnance (CZO) and allow the property to be dtvtded mto twenty-four (24) addtttonal lots with one (1)flag lot for KEMP ENTERPRISES, INC. on the south stde of Bonney Road, 563feet east of Kenley Road (DISTRICT 2 - KEMPSVILLE) December 2, 2003 -10- /i GEND/I RE VIE W SESSION ITEM # 51949 (Continued) J3 J4 J5 Apphcatton of THE C/IRPENTER'S HOUSE COMMUNITY CHURCH for a Condtttonal Use Permtt re a church at 1314 Kempsvdle Road (DISTRICT 2 - KEMPSVILLE) Apphcatton of the CHURCH OF THE/ISCENSIONfor a Condtttonal Use Permtt re a columbarium at 4853 Princess Anne Road (DISTRICT 2 - KEMPSVILLE) Apphcatton of~ILL TEL COMMUNIC/I TIONS, INC. for a Condmonal Use Permit re a communications tower at 812 Sandbrtdge Road (DISTRICT 7- PRINCESS ANNE) J7 J8 Apphcatton of SHIPPS HOLL/IND /ISSOCI/ITES, L.L.C. fora Change ofZontng Dtstrtct Classtficatton from /IG-1 /igricultural District to Conditional I-1 Light Industrial District on the south stde of Shtpps Corner Road, approxtmately 200feet east of Holland Road (DISTRICT 6- BEACH) Apphcattons of R. J. MCGINNIS on the east side of Holland Road, south of Shtpps Corner Road (DISTRICT 6 - BEA CH) Change of Zonmg Dtstrtct Classtficatton from /IG-1 /igricultural District to Conditional B-2 Community Business b Concltttonal Use Permtt re a car wash Mayor Oberndorf and Counctl Lady McClanan wdl vote NAY on Item J 5 (ALL TEL) December 2, 2003 -11- CITY COUNCIL LIAISON REPORTS 3:15 P.M. ITEM # 51950 Counctl Members Schmtdt and Wood referenced the second meeting of the Performing Arts Theatre Advisory Committee under the able leadershtp of Chart Dorothy Wood Helen Dragas ts Vtce Chart The Request for Quahficatton had been prevtouslyforwarded to determtne which enttttes could actually quahfy There are seven (7) qualifying bidders The Request for Proposal (RFP) should be recetved by mtd March The Btdders wtll set up Booths dtsplaytng thetrproduct esther vtsually or audibly to be rated by each of the Commtttee members These booths wtll be located tn a pubhc buddtng t e the Pavtlton dohn Herzke, Ctty Engmeer, advtsed the pubhc would also be able to vtew the proposed product December 2, 2003 - 12- CITY COUNCIL COMMENTS 3:20 P.M. ITEM # 51951 Counctlman Vtllanueva referenced the fun acttvtty for "team butldtng" dtscussed durmg the VIRGINIA BEACH CITY COUNCIL and SCHOOL BOARD RETREAT on Thursday, August 14, 2003, at 6 30 P M Councilman Ron A Vtllanueva and Vtce Chatrman Ned Rose - School Board were tasked wtth the responstbthty to devtse an acttvtty The PLAN ts to have Co-ed teams bowhng at a local alley on Saturday, January 17, 2004, from 11 O0 A M to 1 O0 P M Further detatls wtll be provtded The ttme ts flextble ITEM # 51952 Mayor Oberndorf chstrtbuted correspondence from the Ctty Manager recommendtng the Mayor declare an addtttonal City Holiday on Friday, December 26, 2003. Mayor Oberndorf has dtscussed thts matter wtth the Ctty Manager and constdered hke proposals from other ctttes 2003 has been an extraordtnary year for the Ctty of Vtrgtnta Beach and employees have often gone "that extra mtle" he estimated cost of an ad&ttonal Hohday ts $250,000. Under the Vtrgtnta Beach Ctty Code, Mayor Oberndorf has the authortty to DECLARE an ad&ttonal Ctty Hohday Mayor Oberndorf , with the concurrence of Ctty Councd, wtll DECLARE Friday, December 26, 2003, a City Holiday ITEM # 51953 Counctlman Reeve referenced frequent concerns by hts constttuents relattve stormwater management, especially tn the rural area bemg served only by dratnage dttches Counctlman Reeve ts coordmatmg wtth Pubhc Works to comprehenstvely evaluate the dratnage systems and matntenance Mayor Oberndorf advtsed stmtlar problems extst tn Kempsvtlle where the dttches were not ptped ITEM # 51954 Mayor Oberndorf tnqutred relattve The Virginia Beach Trauma Center Task Force recommendatton and wondered tf appotntments of the Health Care Advisory Committee could be added to the Closed Sesston The Trauma Center Task Force recommended an on-gotng Commtttee be formed to asstst the Ctty Counctl tn understanding and evaluattng relevant health care tssues and tn provtdtng such ongotng momtortng of the health care envtronment tn Vtrgtnta Beach as Ctty Council determines approprtate Mayor Oberndorf referenced the extsttng Vtrgtnta Beach Health Servtces Advtsory Board and tnqutred tf these duttes could be co-mtngled The Ctty Attorney advtsed the duttes of the Commtttee need to be estabhshed before appointments are ~nade, and he wtll provtde tnformatton for the Ctty Council Sesston of December 9, 2003 Mayor Oberndorf requested three (3) proposals be formulated relattve the group being tndependent, and combtntng the Health Care Advtsory Commtttee wtth Vtrgtnta Beach Health Servtces Advtsory Board December 2, 2003 - 13- ITEM # 51955 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, December 2, 2003, at 3 25PM Counctl Members Present Harry E Dtezel, Margaret L Eure, l/tce Mayor Louts R clones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary V/tlson and dames L g/ood Counctl Members Absent None December 2, 2003 - 14- ITEM # 51956 Mayor Meyera E Oberndorf entertatned a motion to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followmg purpose PERSONNEL MA TTERS Dtscusston, constderatton or tntervtews of prospecttve can&dates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, dtsctphntng or restgnatton of spectfic pubhc officers, appotntees or employees pursuant to Sectton 2 2-3 711 (A) (1) To Wtt Appotntments Boards and Commtsstons Mtnortty Bustness Counct! Parks and Recreatton Commtsston Performtng Arts Theatre Advtsory Commtttee Pubhc Ltbrary Board Ttdewater Regtonal Group Home Commtsston Towtng Advtsory Board Vtrgtnta Beach Community Development Corporatton Old Beach Dtstrtct Master Plan Advtsory Commtttee PUBLICL Y-HELD PROPERTY Dtscusston or constderatton of the condttton, acqutsttton, or use of real property for pubhc purpose, the dtsposttton of pubhcly-held property, plans for the future of an mstttutton whtch could affect the value of property owned or destrable for ownershtp by such tnstttutton pursuant to Sectton 2 2-371 l(A)(3) Acqutsttton/Dtsposttton of Property - Beach Dtstmct Princess Anne Dtstrtct Kempsvtlle Dtstrtct LEGAL MATTERS Consultatton wtth legal counsel or briefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other spectfic legal matters requtrtng the provtston of legal advtce by counsel pursuant to Sectton 2 2-3 711 (A) (7) Newhght Associates, Inc v Ctty of Vtrgmta Beach, et al Upon motton by Counctlman Reeve, seconded by Counctlman Wood, Ctty Council voted to proceed mto CLOSED SESSION. Vottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and dames L Wood Counctl Members Vottng Nay None Counctl Members Absent None (Break: 3:29 P.M. - 3:37 P. M.)(3:37 P. M. - 5:15 P.M.) (Dinner: 5:15- 6:00 P.M.) December 2, 2003 - 15- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 2, 2003 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Councd Chamber, Ctty Hall Buddtng, on Tuesday, December 2, 2003, at 6 O0 P M Councd Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Rosemary Wilson and James L Wood Counctl Members Absent Ron A Vtllanueva [Left prtor to Formal Sesston Emergency at Shipyard] INVOCATION: Father James Parke Church of The Ascension PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA December 2, 2003 Item V-E. -16- CERTIFICATION OF CLOSED SESSION ITEM # 5195 7 Upon morton by Vtce Mayor Jones, seconded by Counctlman Schmtdt, City Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempt from Open Meeting requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc busmess matters as were tdenttfied tn the motton convenmg the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach City Counctl Vottng I O-O Council Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Ron A Vtllanueva December 2, 2003 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS The V~rg~ma Beach C~ty Council convened ~nto CLOSED SESSION, pursuant to the affirmative vote recorded ~n ITEM it 51956, page 14, and in accordance w~th the prows~ons of The Virginia Freedom of Information Act, and, WHEREAS: Section 2 2-3 711 (A) of the Code of V~rglma requires a certification by the governing body that such Closed Session was conducted in conformity with Vlrg~ma law NOW, THEREFORE, BE IT RESOLVED That the Vlrg~ma Beach City Councd hereby certifies that, to the best of each member's knowledge, (a) only public bus~ness matters lawfully exempted from Open Meeting requirements by Vlrg~ma law were d~scussed in Closed Session to which this certfficatlon resolution applies, and, (b) only such public bus~ness matters as were ~dentlfied in the motion convening this Closed Session were heard, d~scussed or considered by Virginia Beach City Councd _~th H-odges ~rm-lth, MMCA City Clerk December 2, 2003 Item V-F. 1. -17- MINUTES ITEM ii 51958 Upon motton by Councd Lady Eure, seconded by Councdman Schmtdt, Ctty Councd APPROVED the Mznutes of the INFORMAL and FORMAL SESSIONS of November 25, 2003. Vottng 8-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R dones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Peter I/V Schmtdt and dames L Wood Councd Members Vottng Nay None Councd Members Abstatmng Jtm Reeve and Rosemary Wdson Councd Members Absent Ron A Vdlanueva Councd Members Reeve and Wdson ABSTAINED, as they were not tn attendance durtng the City Counctl Sesston of November 25, 2003 December 2, 2003 - 18- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 51959 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 2, 2003 - 19- Item V-G.I. MA YOR 'S ANNOUNCEMENT ITEM # 51960 Mayor Oberndorf tntroduced the Boy Scouts tn attendance to earn thetr Ctttzenshtp tn the Commumty Mertt Badge BOY SCOUT TROOP 141 PUNGO SPONSOR: CHARITY NECK METHODIST CHURCH Dary1,41dridge Scout Master December 2, 2003 Item V-L - 20- ORDINANCE ITEM # 51961 Upon motton by Vtce Mayor Jones, seconded by Counctlman Wood, Ctty Council APPROVED IN ONE MOTION Ordtnance 1, 2, and 3 of the CONSENT AGENDA. Votmg 10-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, MayorMeyeraE Oberndorf Jtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Ron A Vtllanueva December 2, 2003 - 21 - Item V-I. 1. ORDINANCES ITEM # 51962 Upon motion by Vtce Mayor Jones, seconded by Counctlman Wood, Ctty Counctl ADOPTED: Ordtnance to MODIFY the apphcatton of Ctty Code ~ 2-85 re maxtmum carry-over annual leave and TRANSFER $64,635from the Reserve for Conttngenctes for the John Muhammad trtal to the Shertff's FY 2003-04 Operattng Budget re paying apphcable employees for unused annual leave tn excess of the maximum four hundred (400) hours allowed Voting 10-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, MayorMeyeraE Oberndorf, Jtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Councd Members Absent Ron A Vtllanueva December 2, 2003 AN ORDINANCE TO TRANSFER $64,635 FROM THE RESERVE FOR CONTINGENCIES FOR THE JOHN MUHAMMAD TRIAL TO THE SHERIFF'S FY 2003-04 OPERATING BUDGET TO PAY EMPLOYEES FOR UNUSED LEAVE 6 WHEREAS, the circumstances surrounding the John Muhammad trial 7 forced the cancellation of annual leave for Sheriff's Department 8 employees. 9 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, Virginia: 11 That, subject to the adoption of an ordinance modifying the 12 application of City Code ~ 2-85, $64,635 in funds from the Reserve 13 for Contingencies for the John Muhammad Trial is hereby transferred 14 to the Sheriff's Department's FY 2003-04 Operating Budget, to pay 15 employees for leave accrued in excess of the maximum allowed. 16 Adopted by the Council of the City of Virginia Beach, Virginia 17 on the 2nd day of December , 2003. CA-9054 Orc/ln/Noncode/leavepayrollord.wpd R-1 November 20, 2003 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attorn-ey~d Offi~ AN ORDINANCE TO MODIFY THE APPLICATION OF CITY CODE § 2-85 PERTAINING TO MAXIMUM CARRY OVER OF ANNUAL LEAVE HOURS ACCRUED DURING THE 2003 CALENDAR YEAR BY SHERIFF'S OFFICE EMPLOYEES AS A RESULT OF THE MUHAMMAD TRIAL 6 Whereas, City Code § 2-85 provides that I'no employee shall be 7 paid for unused annual leave except upon termination of employment 8 .No employee shall be allowed to carry over more than four 9 hundred (400) hours of accumulated annual leave from one calendar 10 year to the next if the employee works a forty (40) hour workweek 11 "; 12 Whereas, City Code § 2-85 is applicable to the Virginia Beach 13 Sheriff's Office; 14 Whereas, as a result of the John Allen Muhammad trial, 15 employees of the Virginia Beach Sheriff's Office have been required 16 to postpone the taking of annual leave to attend to increased 17 staffing needs; 18 Whereas, the Sheriff has advised City Council that as a result 19 of increased staffing needs due to the John Allen Muhammad trial, 20 that he has cancelled the ability of his employees to take annual 21 leave and as a result they will be unable to reduce the number of 22 annual leave hours accrued in excess of four hundred (400); and 23 Whereas, City Council finds that such result is unintended and 24 unavoidable under the circumstances and desires to make a one time 25 exception to the applicable City ordinance especially in view of 26 the exceptional performance of the Sheriff's Office employees during 27 the John Allen Muhammad trial. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 That the application of Czty Code Section 2-85 shat] hereby be 31 modified to allow the employees of the Virginia Beach Sheriff's 32 Office who have accrued annual leave hours in excess of four 33 hundred (400) hours as of December 31, 2003, as a result of 34 staffing requirements during the John Allen Muhammad trial and the 35 suspension of leave during the trial, to receive payment for those 36 annual leave hours accumulated in excess of four hundred (400) at 37 their regular rate of pay, provided that payments shall be 38 conditioned upon verification in writing by the Sheriff to the City 39 of Virginia Beach Payroll Office of the eligibility of each 40 employee under the circumstances and provisions set forth in this 41 ordinance. 42 Adopted by the City Council of the City of Virginia Beach, 43 Virginia, on this 2nd day of December , 2003. CA-9032 DATA/ORDIN/PROPOSED/02-085.cms.ord.wpd R3 November 20, 2003 APPROVED AS TO CONTENTS: S~~ f f s Depa~m_~t APPROVED AS TO LEGAL SUFFICIENCY: Ci~Attorney's Office Item V-L2. - 22 - ORDINANCES ITEM # 51963 Upon motton by Vtce Mayor Jones, seconded by Councilman Wood, Cay Counctl ADOPTED: Ordmance to TRANSFER $117,175from the General Fund Reserve for Contmgenctes to the General Regtstrar's FY 2003-04 Operatmg Budget to prowde fundtng for a February 10, 2004, Presidential Primary Election Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, MayorMeyeraE Oberndorf, Jtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Councd Members Voting Nay None Counctl Members Absent Item V-I. 3. Ron A Vtllanueva December 2, 2003 AN ORDINANCE TO TRANSFER $117,175 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2003-04 OPERATING BUDGET OF THE GENERAL REGISTRAR FOR EXPENSES ASSOCIATED WITH THE PRESIDENTIAL PRIMARY ELECTION 6 WHEREAS, the Democratic Party has called for a presidential primary 7 election to be held on February 10, 2004; 8 WHEREAS, the Code of Virginia, at ~ 24.2-518, requires the 9 locality in which a primary election is conducted to pay the costs of 10 the election; and 11 WHEREAS, the FY 2003-04 Operating Budget of the General 12 Registrar does not contain funding for this special election, but 13 $117,715 is available in the FY 2003-04 General Fund Reserve for 14 Contingencies to provide $117,175 to conduct this primary. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 That $117,175 is hereby transferred from the General Fund 18 Reserve for Contingencies to the Office of the General Registrar's FY 19 2003-04 Operating Budget to provide funding for a February 10, 2004, 20 presidential primary election. 21 Adopted by the Council of the City of Virginia Beach, Virginia 22 on the 2nd day of December , 2003. CA-9052 Ordin/Noncode/primaryelectionord.wpd R2 - November 13, 2003 APPROVED AS TO CONTENT: / ' Management Services / APPROVED AS TO LEGAL SUFFICIENCY: Item V-I. 3. - 23 - ORDINANCES ITEM # 51964 Upon motton by Vice Mayor Jones, seconded by Counctlman Schmtdt, Ctty Counctl ADOPTED: Ordtnance to AUTHORIZE a temporary encroachment tnto a portton of the rtght-of-way at Stratton 's Creek by JOHN W., JR. and TAMMY A. WILSON to maintain an extstmg bulkhead, rtp-rap and dock at 444 Goodspeed Road (DISTRICT 5 - L YNNHA VEN) The followtng condttton shall be required 1 Terms, condtttons and crtterta contatned tn theAgreement between the Ctty and John W Jr and Tammy A Wtlson Voting 10-0 (By Consent) Counctl Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, MayorMeyeraE Oberndorf, Jtm Reeve, Peter W Schmtdt, Rosemary Wilson and James L Wood Council Members Voting Nay None Councd Members Absent Ron A Vtllanueva December 2, 2003 25 __ of V~rginia Beach and John W. Wilson, Jr. and Tammy A. Wilson (the"Agreement"), which is 2 ~ attached hereto and incorporated by reference; and 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee ~s hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such bme as John W. Wdson, Jr and Tammy A. Wilson and the City Manager or his authorized demgnee execute the Agreement Adopted bythe Councd ofthe City of Virg~ma Beach, Virginia, on the 2nd day O~December ~, 2003. %D TO CONTENTS S I GNATURE DE PARTMENT CA- ¢10~ PREPARED 6/26/03 PDEJESU/DKLEIN/ORD APPROVED AS TO LEGAL ~~~SUFFICIENCX ~ CITY AT~-O~E~ V- I II ii ~ I CRYSTAL LAKE t , If LOCATION MAP FOR ENCROACHMENT AT 444 GOODSPEED ROAD' GPlN 2419-51- 5188 ~( ~,IF'" : :~'0 PREP-~RED B V~ rx~G CADI'~ r')E~ PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(a)(3) AND 58 1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ~q day of ~?[rrv4b~¢, 2003, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and, JOHN W. WILSON, JR. and TAMMY A. WILSON, Husband and Wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNE S S E TH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Section A Lot 38 Princess Anne Hills Park" and being further designated and described as 444 Goodspeed Road, %rg~ma Beach, Virginia 23451; and WHEREAS, it ~s proposed by the Grantee to construct and maintain an existing bulkhead, rip-rap and dock, "Temporary Encroachment", ~n the City of %rg~ma Beach; WHEREAS, ~n constructing and maintaining the Temporary Encroachment, it ~s necessary that the Grantee encroach into a portion of an ex~sting City waterway known as Stratton's Creek "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee j GPIN 2419-51-5188 permission to use The Encroachment Area for the purpose of maimaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City' s specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "Hardscape Layout Plan for Administrative Approval Wilson Residence Virginia Beach, Virginia WPL Engineers Surveyors Land Planners Landscape Architects," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Gmnte~ shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extem specified herein, norto permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any ofthe insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, ifrequired by either the City Engineer's Office orthe Engineering Division ofthe Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the stun of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, John W. Wilson, Jr. and Tammy A. Wilson, the said Grantees have caused this Agreement to be executed by their signatures and seals duly affLxed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST: By City Manager/Authorized Designee of the City Manager City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of~ ,2 .,by ., CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public CITY/COUNTY~F ~ ~ql n, ~1 The foregoing instrument was acknowledged before me this ~ ~ day of ~~ ,2003, by John W. Wilson, Jr. and Tammy A. Wilson. My Commission Expires: Notary Publi~ APPROVED AS TO LEGAL SUF~Y CITY ATTORNEY APPROVED AS TO CONTENT (~TY REAL E~T'ATE AGENT STRATTON'S C R DE',~ WOOD 14 o b~ ,L~ ,7:'IP PAP ,, LOT- 38' 28 34 I 7q SO FT 0653b ! io( nr slope J LOT--S9 GOODSPEED ROAD (5o EXHIBIT A I'=10'-0' - 24 - Item V-J. PLANNING ITEM # 51965 1. KEMP ENTERPRISES, INC. SUBDIVISION VARIANCE 2. F. DONALD REID CONDITIONAL CHANGE OF ZONING VARIANCE CONDITIONAL USE PERMIT 3. THE CARPENTER'S HOUSE CONDITIONAL USE PERMIT 4. CHURCH OF THE ASCENSION CONDITIONAL USE PERMIT 5. ALL TEL COMMUNICATIONS, INC. CONDITIONAL USE PERMIT 6. HOME ASSOCIATES OF VIRGINIA, INC. CONDITIONAL CHANGE OF ZONING 7. SHIPPS HOLLAND ASSOCIATES, L.L.C. CONDITIONAL CHANGE OF ZONING 8. R. J. MCGINNIS CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 9. COMPREHENSIVE PLAN AMEND December 2, 2003 - 25- Item V-J. PLANNING ITEM # 51966 Upon morton by Vice Mayor Jones, seconded by Counctlman Wood, Ctty Counctl APPROVED IN ONE MOTION Items 1, 3, 4, 7 and 8 of the PLANNING BY CONSENTAGENDA Voting 10-0 (By ConsenO Counctl Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, MayorMeyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Ron A Vtllanueva December 2, 2003 - 26- Item V-J. 1. PLANNING ITEM # 51967 Upon motton by Vtce MayorJones, seconded by Counctlman Wood, Ctty Counctl APPROVED Petttton for a Vartance to Sectton 4 4(b) of the Subdtvtston Ordinance that requires all newly created lots meet all the requtrements of the Ctty Zomng Ordinance (CZO) and allow the property to be dtvtded tnto twenty-four (24) addtttonal lots wtth one (1) flag lot for KEMP ENTERPRISES, Appeal to Decisions of Admtmstrattve Officers tn regard to certatn elements of the Subdtvtston Ordmance, Subdtvtston for Kemp Enterprtses, Inc Property ss located on the south stde of Bonney Road, 563 feet east of Kenley Road (GPINS 14770098360000, 14771007570000, 14771017740000, 14771016940000, portion of 14770069730000, portton of 14770085670000) DISTRICT 2 - KEMP S IZlL L E The followtng condtttons shall be requtred One flag lot ts permitted as shown on the subdtvtston plan entttled, "Subdtvtston Vartance Exhtbtt of Lot 24, Kemps Cove East" by Kellam-Gerwttz Engtneertng, Inc 2 A one-foot no tngress-egress easement shall be recorded along the frontage of Bonney Road except at the tntersectton of the proposed tntertor road as shown on the submttted plan 3 A fence and landscape treatment shall be provtded along the frontage of Bonney Road as shown on the submttted plan Voting 10-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, MayorMeyeraE Oberndorf dtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Ron A Vtllanueva December 2, 2003 -27- Item V-J. 2. PLANNING ITEM # 51968 The following registered tn SUPPORT: Attorney R Edward Bourdon, Pembroke One Building, 5'h Floor, Phone 499-8971, represented the applicant, F Donald Reld and Harry A Potter, owner of the 51-~ acre parcel subject of the Conditional Zoning The property ts located at the northern boundary of the Transition area Forty-five (45) homes are being built on 47 35 acres of developable land, under 1 unit per developable acre Over 60% of the site is belngpreserved as open space Sound attenuation materials are mandated Mr Bourdon distributed the 1999 AICUZ Map of the US Department of the Navy, and Ftgure 3-3, comparison o£projected 1999 and modeled 2000 DNL l Noise Contours at NAS Oceana and NALFFentress The applicant hasproffered the sum of $33, 750.00 to the City of Virginia Beach for acquisition of open space elsewhere in the City Maxtne Graham, 2202 Venice Court, Phone 430-9933, Realtor and 35-year resident of Sandbrtdge Wade Rabel, Real Estate representative for Messrs Reld and Gray, 3321 Belmont Court, Phone 416-9020, Lee, 3521 Indian River Road, Phone 427-6404, adjacent landowner for 25years The following registered in OPPOSITION: Ray Ftrenze, Community Planmng Liaison of U S Naval Air Station Oceana, advised the proposed project would be located 5-~ miles southwest of Oceana and 3 miles north of Fentress tn the 70 to 75 declble day/night average noise zone The site is directly aligned to Runway 5, one of the busiest runways Several key fltght pilots utthze this tract to navigate to and from Oceana and Fentress In 2002, Runway 5 accounted for 44% of 218,000 annual fllght operations Captain Tom Keeley, Commanding Officer - Naval Air Station Oceana, 1750 Tomcat Boulevard, Phone 433-3158, Phone 433-2922 (Residence), advised "urban encroachment tn a M~htary Base, tf allowed to go unregulated, can compromise the utthty and effectiveness of the installation and its mission" Captain Keeley advised the BRA C criteria will be selected December 31, 2003 After the public's review, (approxtmately February 2004), thls criteria will be placed in the Federal Registry Admiral Dick Dunleavy, 2220 Sandfiddler, Phone 426-0225, (part time residence since 1967 and full time resident since 1992) His last assignment was Assistant Chief of Naval Operations - responsible for all naval aviation and prtor to this assignment he was Commander Naval Alr Force Atlantic Fleet In the 1960's and 70's he served in three (3) squadrons at Oceana Hal Levenson, 2004 Brlckell Court, Phone 496-0745, CCAJN (Concerned Citizens Against Jet Noise) John Schick, 1012 Duke of Suffolk, Phone 496-4147, represented CCAdN (Concerned Citizens Against Jet Noise), Ktmberly Johnson, Chairman - CCAJN (Concerned Citizens Against Jet Noise), 4412 Reynolds Drive, Phone 639-4968 Rear Admiral Fred Metz, 805 Circuit Court, Phone 481-3248, former member of the Super Hornet Commission, to develop the final recommendations to City Council on the DRAFT Envlronmental Impact Statement (EIS) (2001) Herb Jones, 2313 Sandpiper Road, Phone 721-1103 December 2, 2003 Item V-J. 2. PLANNING - 28- ITEM # 51968 (Continued) Upon morton by Counctlman Reeve, seconded by Councdman Maddox, Ctty Councd DEFERRED Sixty (60) days until the City Council Session of February 10, 2004, Ordmances upon apphcattons ofF. DONALD REID for a Condmonal Change of Zonmg Dtstrtct CIasstficatton, Vartance to 3s' 4 4 (b) of the Subdtwston Ordtnance that requtres all newly created lots meet all the requtrements of the Ctty Zontng Ordtnance (CZO), and Condtttonal Use Permtt Thts Deferral wtll allow meettngs between Ctty/Navy/Federal Legtslators re compattbthty of land use with Oceana AICUZ new regulattons ORDINANCE UPON APPLICATION OF F DONALD REID FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG- 1 AND AG-2 TO CONDITIONAL R-20 Or&nance upon Appltcatton ofF Donald Retd for a Change of Zontng Dtstrtct Classtficatton from AG-1 and AG-2 Agrtcultural Dtstrtcts to Condtttonal R-20 Restdenttal Dtstrtct on property located at 3592 In&an Rtver Road (GPIN 1483386300) The Comprehenstve Plan recommends use of thts propertyfor approprtate growth opportuntttes conststent wtth the economtc vttahty pohctes of the Ctty of Vtrgmta Beach DISTRICT 7- PRINCESS ANNE AND, Appeal to Dectstons of Admtntstrattve Officers tn regard to certatn elements of the Subdtvtston Ordinance, Subdtvtston for F Donald Retd Property ts located at 3592 In&an Rtver Road (GPIN 1483386300) DISTRICT 7- PRINCESS ANNE AND, ORDINANCE UPON APPLICATION OF F DONALD REID FOR A CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTION Ordtnance upon Apphcatton ofF Donald Retd for a Conchttonal Use Permtt. for Open Space Promotton on property located at 3592 In&an Rtver Road (GPIN 1483386300) DISTRICT 7 - PRINCESS ANNE December 2, 2003 - 29 - Item V-J. 2. PLANNING ITEM # 51968 (Continued) Vottng 10-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf dtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Ron A Vtllanueva December 2, 2003 Item V-J. 3. -31 - PLANNING ITEM # 51969 (Continued) Thts Ordtnance shall be effective tn accordance wtth Sectton 107 60 of the Zoning Ordinance Adopted by the Council of the Ctty of Vtrgmta Beach, Virginia, on the Second of December, Two Thousand Three Voting 10-0 (By ConsenO Counctl Members' Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R clones, Reba S McClanan, RtchardA Maddox, MayorMeyeraE Oberndorf, dtm Reeve, Peter W Schmtdt, Rosemary Wtlson and dames L Wood Council Members Votmg Nay None Counctl Members Absent Ron A Vtllanueva December 2. 2003 Item V-J. 4. - 32 - PLANNING ITEM # 519 70 Upon motton by Vtce Mayor Jones, seconded by Counctlman Wood, Ctty Counctl ADOPTED an Ordmance upon Apphcatton of CHURCH OF THE ASCENSION for a Conditional Use Permit ORDINANCE UPON APPLICATION OF CHURCH OF THE ASCENSION FOR A CONDITIONAL USE PERMIT FOR A COL UMBARIUM ROI 2031 ] 4 7 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordmance upon Apphcatton of Church of the Ascenston ./or a Con&ttonal Use Permit for a columbartum onproperty located at 4853 Princess Anne Road (GPIN 14760644640000) DISTRICT 2 - KEMPSVILLE Thts Ordtnance shall be eJfecttve tn accordance wtth Sectton 107 (/) of the Zomng Ordinance Adopted by the Counctl of the City of Vtrgmta Beach. Vlrgmta, on the Second of December, Two Thousand Three Voting I 0-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, MayorMeyeraE Oberndorf Jim Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Council Members Voting Nay None Counctl Members Absent Ron A Vtllanueva December 2, 2003 I~em V-J.$. - 33- PLANNING ITEM # 519 71 Attorney Dtck Gtbson, Tremblay and Smtth, Charlottesvtlle, Phone (434) 977-4455, represented the apphcant Btll Gambrell, 6304 Atlanttc Avenue, Land Use Planner, represented the apphcant Steve Danner, 804 Sandbrtdge Road, adjacent land owner, presented letter tn opposttton, whtch ts hereby made a part of the record Upon motton by Councilman Reeve, seconded by Councilman Wood, City Councd ADOPTED an Ordmance upon Apphcatton of ALLTEL COMMUNICATIONS, Inc for a Con&ttonal Use Permtt ORDINANCE UPON APPLICATION OF ALL TEL COMMUNICATIONS, INC FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS TOWER ROI 2031148 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton oJ Alltel Commumcattons, Inc for a Condmonal Use Permtt for a communtcattons tower on property located at 812 Sandbrtdge Road (GPIN 2423393051) DISTRICT 7 - PRINCESS ANNE The followtng condtttons shall be reqmred The project shall be developed as tndtcated on the submttted stte plan entttled "Prehmmary Site Plan 165foot monopole, Alltel- Sandbrtdge Stte "prepared by Ktmley-Horn and Assoctates, Inc , dated October 6, 2003, and the assoctated plans and drawtngs submttted wtth the Conditional Use Permit apphcatton These plans have been exhtbtted to City Council and are on file tn the Planntng Department The overall height of the proposed tower and antennae shall not exceed 165feet The tower shall be destgned for at least three (3) users All existing trees wtthtn the lease area shall be tdenttfied by type and stze on the detatled site plan and shall be protected and retamed for screentng purposes as determined by the Planning Department durtng detatled stte plan revtew The landscaptng shown on the landscape plan shall be tnstalled to supplement the natural screenmg 4 Land disturbance on the site shall be hmtted to the area shown as access and lease area on the stte plan December 2, 2003 - 34- Item V-J. 5. PLANNING ITEM # 519 71 (Continued) 5 An tnterference and mtermodulatton study, tncluchngproposed channels and the Ctty of Vlrgmta Beach radto channels, shall be provided to the Department of Commumcattons and Information Technology (COMIT) for revtew and approval prtor to detatled stte plan approval Unless a waiver ts obtained from the Ctty of Virginia Beach Department of Commumcattons and Informatton Technology (COMIT), a radto frequency emlsstons study (RF Study), conducted by a qualtfied engtneer hcensed to practtce tn the Commonwealth of Vtrgtma, showing that the intended user(s) wtll not interfere wtth any Ctty of Vtrgtnta Beach emergency communtcattons facthttes, shall be provtdedprtor to approval for all subsequent users 7 In the event mterference wtth any Ctty emergency communtcattons facthttes artses from the users of thts tower, the user(s) shall take all measures reasonably necessary to correct and ehmtnate the interference If the tnterference cannot be ehmtnated wtthtn a reasonable ttme, the user shall tmme&ately cease operatton to the extent necessary to stop the tnterference 8 Should the antennae cease to be used for a pertod of more than one (1) year, the apphcant shall remove the antennae, thetr supporttng towers and related equtpment 9 Applicant has agreed to have a 25-foot (in width)tree conservation easement on the north and west sides of the tower compound. Thts Ordtnance shall be effecttve tn accordance wtth Section I07 09 of the Zontng Ordtnance Adopted by the Counctl of the City of Vtrgtnla Beach, Vtrgtnta, on the Second of December, Two Thousand Three Vottng 8-2 Council Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A Maddox, dtm Reeve, Peter W Schmtdt, Rosemary Wtlson and dames L Wood Counctl Members Vottng Nay Reba S McClanan and Mayor Meyera E Oberndorf Counctl Members Absent Ron A Vtllanueva December 2, 2003 - 35- Item V4.6. PLANNING ITEM # 51972 Attorney R Edward Bourdon, Pembroke One Butldtng, 5th Floor, Phone 499-8971, represented the apphcant , dtm Arnhold, 1612, Centervlle Turnptke #3007, the apphcant Upon morton by Counctlman Reeve, seconded by Counctlman Maddox, Ctty Counctl DEFERRED Sixty (60) days until the City Council Session of February 10, 2004, Ordmance upon apphcatton of HOME ASSOCIATES OF VIRGINIA, INC.: ORDINANCE UPON APPLICATION OF HOME ASSOCIATES OF VIRGINIA, INC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATIONFROMAG-2 AND R-10 TO CONDITIONAL R- 7 5 Ordmance upon Apphcatton of Home Assoctates of Vlrgmta, Inc for a Change o_f Zoning Dtstrtct Classtficatton from A G-2 Agrtcultural Dtstrtct and R- 10 Restdenttal Dtstrtct to Condtttonal R- 7 5 Restdenttal Dtstrtct on property located at 960, 964 and 966 Old Dam Neck Road (GPINs 24156491440000, 24157424560000, 24157415220000) The Comprehenstve Plan recommends use of thts stte for restdenttal u6es above 3 5 dwelhng untts per acre DISTRICT 7- PRINCESS ANNE Voting 10-0 Counctl Members Votmg Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, MayorMeyeraE Oberndorf. Jtm Reeve, Peter W Schmtdt. Rosemary Wtlson and James L Wood Counctl Members Votmg Nay None Counctl Members Absent Ron A Vtllanueva December 2, 2003 Item V-J. 7. - 36- PLANNING ITEM # 51973 Upon motton by Vtce MayorJones, seconded by Councdman Wood, City Councd ADOPTED an Ordmance upon Apphcatton of SHIPPS HOLLAND ASSOCIATES, L.L.C. for a Condtttonal Change of Zoning ORDINANCE UPON APPLICATION OF SHIPPS HOLLAND ASSOCIATES, L L C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AGRICULTURAL DISTRICT TO CONDITIONAL I- 1 LIGHT INDUSTRIAL DISTRICT ZO11031 ! 66 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Shtpps Holland Assoctates, L L C for a Change of Zonmg Dtstrtct Classtficatton from AG-1 Agrtcultural District to Conditional I-I Light Industrtal Dtstrtct on property located on the south stde of Shtpps Corner Road, approxtmately 200feet east of Holland Road (portton of GPIN 14951689000000) The Comprehenstve Plan recommends use of thts property for a vartety of employment uses mcludtng bustness parks, offices and appropriately located tndustrtal and employment support uses DISTRICT 6 - BEACH The followtng condttton shall be requtred 1 An Agreement encompassmgproffers shall be recorded wtth the Clerk of Ctrcutt Court 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 Second of December, Two Thousand Three Voting 10-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R clones, Reba S McClanan, RtchardA Maddox, MayorMeyeraE Oberndorf dtm Reeve, Peter W Schmtdt, Rosemary Wdson and dames L Wood Council Members Voting Nay None Councd Members Absent Ron A Vtllanueva December 2, 2003 ~'O~M NO P S '0 O~ OUI~ N~ City o£ Virginia Beach In Reply Refer To Our File No. DF-5816 DATE: November 20, 2003 FROM: DEPT: City Attorney TO: Leslie L. Lilley DEPT: City Attorney B. Kay Wilsofl-~~--~ Conditional Zoning Application Shipps-Holland Associates, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 2, 2003. I have reviewed the subject proffer agreement, dated October 1, 2003, and have determined at 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 AGREEMENT THIS AGREEMENT made this 1st day of October 2003, by and between SHIPPS- HOLLAND ASSOCIATES, L L.C., a Virglma limited liability company, Applicant, and hereinafter called Grantor for purposes of ~ndexlng and the CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of V~rgmla, hereinafter called Grantee. RECITALS: R-1 The Grantor is the record fee simple owner of the property located in the Pnncess Anne District, City of Virginia Beach and described m Exhibit A attached hereto (the "Property") and ~ncorporated into this Agreement R-2 The Applicant ~mtiated an amendment to the zoning map of the City of Vlrglma Beach, Virginia, by petition of the Applicant addressed to the Grantee, so as to change the zomng classification of a portxon of the Property from AG-1 Agricultural to I-1 conditional Industrial D~stnct The proposed amendment is made pursuant to the terms of the zomng ordinance of the City of Vxrg~ma Beach, Virginia, adopted April 18, 1988, as amended and as m effect as of the date of th~s Agreement (the "Zomng Ordinance") R-3. The Grantee's policy is to provide only for the orderly development of land, for industrial purposes through zoning and other land development legislation R-4 The Grantor and the Applicant acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit different uses on and in the area of the Property and at the same t~me to recognize the effect of the changes, and the need for various types of uses, ~ncluding those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land s~m~larly zoned I-1 cond~tmnal are needed to cope with the situation to which the Applicant's rezomng application gives rise R-5 The Grantor and the Applicant have voluntarily offered, in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the zomng map with respect to the Property, in addxtlon to the regulatmns provided for in the existing I-1 zoning distnct by the Zoning Ordinance, the following reasonable conditions related to the physmal development, operation and use of the Property to be adopted as part of said amendment to the zomng map relative and apphcable to the Property, which have a reasonable relation to the rezoning and the need for which ~t ~s generated by the rezomng. R-6. The conditions outlined in th~s Agreement have been proffered by the Grantor and the Apphcant and allowed and accepted by the Grantee as part of the amendment to the Zoning Prepared by Harry R. Purkey, Jr., P.C. 303 34th Street, Suite 5 Virginia Beach, VA 23451 GPIN: 1495 16 8900 0000 Ordinance and the zoning map. These conditions shall continue In full force and effect until subsequent amendment changes the zoning of the Property; however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive ~mplementation of a new or substantmlly revised zoning ordinance of the Grantee, unless, notwithstanding the foregoing, the conditions are amended or vaned by written instrument recorded in the Clerk's Office of the Clrcmt Court of the City of V~rglma Beach, Virginia and executed by the record owner of the Property at the time of recordation of such instruments, provided further that sa~d instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public heanng before the Grantee advemsed pursuant to the provisions of Section 15.2-2004 of the Code of Vtrgtnza, 1950 as amended, which smd ordinance or resolution shall be recorded along with smd instrument as conclusive ewdence of such consent. WI TNESSE TH: NOW, THEREFORE, the Grantor and the Apphcant, for themselves, their successors, personal representatives, assagns, grantees and other successors in t~tle and interest, voluntarily without requirement by or exactmn from the Grantee or ~ts governing body and without any element of compulsion or qmd pro quo for zomng, rezomng, site plan, building permit or subdivlsmn approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physmal development, operation and use of the Property and hereby covenant and agree that this declaratmn shall constitute covenants running w~th the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, their successors, personal representatives, assigns, grantees and other successors in interest or title. 1. The prehminary subdivision plan submitted by the Grantor and the Applicant to the Department of Planning with this Agreement and entitled '"'Zoning Exhibit" Preliminary Subchvlsion of Property, Parcel BI-B, Subdivision of Property of Margaret A. Drummond and James R. and Marguerite Johnson, M.B. 293, P 34, 35, dated September 26, 2003" (the "Plan") ~s incorporated hereto by reference and forms a part of this Agreement and shall be substantially adhered to in the development of the Property. 2. The following uses shall not be permitted unless a Conditional Use Permit xs approved by C~ty Council: airports, heliports and helistops; automobile rental establishments; automotive servme estabhshments; heavy eqmpment sales and servxce, and truck and trailer rentals. 3. Only one additional new entrance shall be permitted on Shlpps Comer Road for the Property. The existing entrance used for the existing residence on the Property shall remain whether or not the residence ~s removed or ~s used for a purpose other than a residence. Future access to the other portion of the Property (other than residence) shall be through the one shared entrance. Cross access easements shall be provided. 4 Building facades visible from Shlpps Comer Road shall ~ncorporate architectural features including, but not limited to, arcades, display windows, entry areas, false windows and awnings to add visual interest. Variation in roof lines shall be ~ncorporated through overhanging eaves, parapets, pop outs, entrance features or height vanatmns. Flat roofs and all rooftop equipment shall be concealed from typical street level view by the use of parapets or other means. The front elevation of the bmld~ngs constructed on the Property shall be brick, wood, stone or tinted and textured concrete masonry All exterior surfaces shall have an earth tone color 5. All freestanding signs shall be monument style or column style signs constructed of the same primary material as the bmld~ng and shall not exceed a height of eight (8) feet No neon lighting wslble from Shipps Comer Road shall be permitted on the Property 6. The Grantor and the Apphcant agree to make a right-of-way reservation on Shipps Comer Road according to the reqmrements of the City of Virginia Beach Master Transportation Plan Map as Amended and Adapted May 27, 2003 7. Further conditions may be required by the Grantee dunng detmled site plan and/or subdivision review and admlmstration of applicable C~ty Codes by all cognizant City agenmes and departments to meet all applicable City Code requirements. The Grantor and the Applicant covenant and agree that: a The Zoning Admlmstrat~on of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the govermng body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (i) to order in writing that any non-compliance with such conditions be remedied and (ii) to bnng legal action or suit to insure compliance with such conditions including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings. b. Failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the reqmred bmldlng or occupancy permits as may be appropriate. c. If aggrieved by any dec~sion of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance, or this Agreement, the Grantor shall petmon the governing body of Grantee for the review of such demsion prior to instituting proceedings in court. d. The Zoning Map shall show by an appropriate symbol on the Map the existence of condltxons attaching to the zoning of the Property on the map and that the ordinance and the conditions may be readily available and accessible for pubhc ~nspection in the office of the Zoning Administrator and ~n the Planning Department and that they shall be recorded in the Clerk's Office of the C~rcuit Court of the City of Varglma Beach, V~rglma, and indexed in the name of the Grantor and Grantee WITNESS the following s~gnatures and seals' Sh~pps-Holland Associates, L L C By' McG~nms Realty and Development ~. J~~m~s, ~res~ent By- (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t; REHEE A. MORLAN COllMI$SIONED AS i~lr;~l;;;;: II. $CHHEIDER , a Notary Pubhc in and for the C~ty and State aforesmd, do hereby certify that R. J McGinnis, President of McG~nms Realty and Development Company, Manager o f S hipps-Holland A ssoc~ates, L L.C., h as acknowledged the same before me in my C~ty and State. GIVEN under my hand this/CWhay of ~]}C~. (/r- ., 2003 'q~ta~Publ~' My .coquniss.~on expires: Networ~Agreements/McGmn~s & Sh~pps-Holland (Industrial) Rev 10/13/03 EXHIBIT "A" BEGINNING at a point on the southern side of Shlpps Comer Road at the intersection of the southern side of Shlpps Comer Road and the dividing line between the property herein described and that certain parcel entitled "Parcel A", as shown on that certain subdivision plat recorded in the Clerk's Office of the Circuit Court of the City of Vlrglma Beach, Virginia, in Deed Book 2633, at page 2039, said point also being at the northwestern comer of the property herein described and the northeastern comer of the aforesaid Parcel A; thence along the southern side of Shlpps Comer Road, north 67 degrees 58'43" E 261.29 feet to a point; thence continuing along the southern side of Shlpps Comer Road, north 60 degrees 44'48" E 39 18 feet to a point; thence continuing along the southern side of Shlpps Comer Road along a curve to the right, the radius of which being 993.00 feet, a distance of 94.87 feet to a point; thence continuing along the southern side of Shipps Comer Road along a curve to the left, the radius of which being 1,059.00 feet, a distance of 71.44 feet to a point; thence south 22 degrees 26'48" E 408.27 feet to a point; thence south 75 degrees 02'23" W 479 35 feet to a point, thence north 20 degrees 57'56" W 353.40 feet to a point in the southern side of Shlpps Comer Road, being the point of beglnmng. THE ABOVE-DESCRll3ED property constitutes a portion of that certain piece or parcel of land with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being kngwn, numbered and designated as Parcel BI-B, as shown on that certain plat entitled "Subdivision of Property, Parcel B 1, Subdivision of Property of Margaret A. Drummond & James R. and Marguerite Johnson, D.B. 2709, P. 2214 (Plat), Vlrgama Beach, Virginia", which smd Plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 293, at pages 34 and 35 Item V-J. 8. -37- PLANNING ITEM # 51974 Upon motton by Vtce Mayor Jones, seconded by Counctlman Wood, Ctty Counctl ADOPTED Ordtnances upon apphcattons of R. J. MCGINNIS for a Condttzonal Change of Zomng and Condttlonal Use Permtt ORDINANCE UPON APPLICATION OF R J MCGINNIS FOR ,4 CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 A GRICUL TURAL DISTRICT TO CONDITIONAL B-2 COMMUNITY BUSINESS ZO11031167 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of R J McGtnnts for a Change of Zontng Dtstrtct Classtficatton from A G- I Agricultural District to Condtttonal B-2 Communtty Bustness on property located on the east stde of Holland Road, approxtmately 200 14feet south of Shtpps Corner Road (portton of GPIN 14951689000000) The Comprehenstve Plan recommends use of thts property for a vartety of employment uses tncludtng business parks, offices and approprtately located mdustrtal and employment support uses DISTRICT 6 - BEACH The followtng condttton shall be requtred 1 An Agreement encompasstngproffers shall be recorded wtth the Clerk of Ctrcutt Court AND, ORDINANCE UPON APPLICATION OF R J MCGINNIS FOR A CONDITIONAL USE PERMIT FOR A CAR WASH R012031149 BE IT HErB 3' ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of R d McGtnms for a Condtttonal Use Permtt for a car wash on property located on the east side of Holland Road, approximately 200 14 feet south of Shtpps Corner Road (portion of GPIN 14951689000000) DISTRICT 6 - BEA CH The followtng condtttons shall be requtred 1 The stte shall be developed as shown on the submttted stte plan entitled, "Concept Plan, Proposed &x Bay Car Wash "dated Oct 1, 2003 by Gallup Surveyors and Engtneers Dece~nber 2, 2003 Item V-J. 8. - 38- PLANNING ITEM # 51974 (Continued) The buddtng shah be constructed as shown on the submitted elevations entitled, "Car Wash Faclhty, Holland Road, Virgtnla Beach, McGmms Realty & Development" by Deslgn-Budd Archttecture dated 6/19/03 However, the north elevation shall be revised to change the "slgnage" to a window or other archltectural feature The materials of the building shall be split face or ribbed block and shall include no standard smooth face block All exterior surfaces of the budding shall have an earth tone color The freestanding sign shall be a monument or column-style sign no more than eight feet in height constructed of materials to match the budding A 20 5-foot reservatton along Holland Road shall be recorded prior to final slte plan or subdtvtslon approval, whichever comes first These Ordinances shah be effectzve tn accordance with Section 107 09 of the Zoning Ordinance Adopted by the Councd of the City of Vlrgtnta Beach, Vzrglnla, on the Second of December, Two Thousand Three Voting 10-0 (By ConsenO Council Members Voting Aye Harry E Dlezel, Margaret L Eure, Vice Mayor Louis R Jones, Reba S McClanan, RtchardA Maddox, MayorMeyeraE Oberndorf Jzm Reeve, Peter W Schmldt, Rosemary Wilson and James L Wood Councd Members Votmg Nay None Councd Members Absent Ron A Vdlanueva Dece~nber 2, 2003 City o£ Virginia Beach INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5766 DATE: November 20, 2003 TO: Leslie L. Lilley _ DEPT: City Attorney FROM: B. Kay Wilson~,~x3 DEPT: City Attorney Conditional Zoning Application Shipps-Holland Associates, L.L.C. and R. J. McGinnis The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 2, 2003. I have reviewed the subject proffer agreement, dated October 1, 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 AGREEMENT THIS AGREEMENT made this 1st day of October, 2003, by and between SHIPPS- HOLLAND ASSOCIATES, L.L.C, a Virginia limited liability company, "Grantor" and R. J. McGINNIS (the "Applicant"), both Grantors for purposes of indexing and the CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia, hereinafter called "Grantee". RECITALS: R-1. The Grantor is the record fee simple owner of the property located ~n the Pnncess Anne District, City of Virginia Beach and described in Exhibit A attached hereto (the "Property") and incorporated into this Agreement R-2. The Applicant initiated an amendment to the zoning map of the City of Virginia Beach, Virginia, by petition of the Applicant addressed to the Grantee, so as to change the zoning classification of a portion of the Property from AG-1 Agricultural to B-2 cond~tlonal Commercial District. The proposed amendment is made pursuant to the terms of the zoning ordinance of the City of Virglma Beach, Virginia, adopted April 18, 1988, as amended and as in effect as of the date of this Agreement (the "Zoning Ordinance") R-3. The Grantee's policy is to provide only for the orderly development of land, for commercial purposes through zoning and other land development legislation. R-4. The Grantor and the Applicant acknowledge that competing and sometimes incompatible uses conflict and that in order to permit different uses on and in the area of the Property and at the same time to recogmze the effect of the changes, and the need for various types of uses, including those listed above, certain reasonable conditions govermng the use of the Property for the protection of the commumty that are not generally apphcable to land s~milarly zoned B-2 conditional are needed to cope w~th the situation which the Applicant's rezomng application gives rise to. R-5. The Grantor and the Apphcant have voluntarily offered, in writing, in advance of and prior to the public heanng before the Grantee, as part of the proposed amendment to the zoning map with respect to the Property, in addition to the regulations provided for in the existing B-2 zoning district by the Zoning Ordinance, the following reasonable conditions related to the physmal development, operation and use of the Property to be adopted as part of said amendment to the zomng map relative and applicable to the Property, which have a reasonable relation to the rezomng and the need for which it is generated by the rezonmg. Prepared by Harry R. Purkey, Jr., P.C. 303 34th Street, State 5 Virginia Beach, VA 23451 GPIN: 1495 16 8900 0000 R-6. The conditions outlined in this A~eement have been proffered by the Grantor and the Applicant and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance and the zoning map. These conditions shall continue in full force and effect until subsequent amendment changes the zoning of the Property; however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of the Grantee, unless, notwithstanding the foregoing, the conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the Property at the time of recordation of such instruments; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public heanng before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15 2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. WITNESSETH: NOW, THEREFORE, the Grantor and the Applicant, for themselves, their successors, personal representatives, assigns, grantees and other successors in title and interest, voluntarily without requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezomng, site plan, builchng permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that this declaration shall constitute covenants nmmng with the Property, which shall be binding upon the Property and upon all parties and persons clmming under or through the Grantors, their successors, personal representatives, assigns, grantees and other successors in interest or title. 1. The preliminary site plan submitted by the Grantors and the Applicant to the Department of Planning with this Agreement and entitled "Concept Plan Proposed Six Bay Carwash by R J. McGinnis" dated October 1, 2003 (the "Plan") is incorporated herein by reference and forms a part of this Agreement and shall be substantially adhered to in the development of the Property. 2 The only permitted use on the Property is to be a car wash unless agreed to by City Council. 3 The Grantor and the Applicant agree to make a right-of-way reservation on Holland Road according to the requirements of the City of Virgtma Beach Master Transpiration Plan Map as Amended and Adapted May 27, 2003 4. Further conditions may be required by the Grantee dunng detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The Grantor and the Applicant covenant and agree that: a The Zoning Administration of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority 0) to order in writing that any non-comphance with such conditions be remedied and (ii) to bnng legal action or suit to insure compliance with such conditions including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings b Failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate. c. If aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the C~ty Code, the Zomng Ordinance, or this Agreement, the Grantor shall petition the govermng body of Grantee for the review of such decismn prior to instituting proceedings in court d. The Zomng Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zomng of the Property on the map and that the ordinance and the conditions may be readily avmlable and accessible for public inspection in the office of the Zoning Administrator and in the Planmng Department and that they shall be recorded in the Clerk's Office of the Circmt Court of the City of Vlrglma Beach, Virginia, and indexed in the name of the Grantor and Grantee. SIGNATURE LINES ON FOLLOWING PAGE WITNESS the following s~gnatures and seals Sh~pps-Holland Associates, L.L C By' McG~nms Realty and Development c~km~ s, Pres~d[nt c/Glnnis v STATE OF VIRGINIA CITY/COUNTY OF VIRGINIA BEACH, to-wit; RENEE A. MORLAN COMMISSIONED AS I, RENEE A. SCHNEIDER , a Notary Public ~n and for the City and State aforesaid, do hereby certify that R. J McG~nms, President of McG~nms Realty and Development Company, Manager o f S hipps-Holland A ssoc~ates, L L.C., h as acknowledged t he same before me m my C~ty and State. GIVEN under my hand th~s/t/7~ay of ~C ~.~~ ,2003 ~o t a~y Publi~ My cpmmlqslon expires' STATE OF VIRGINIA CITY/COUNTY OF VIRGINIA BEACH; to-w~t; RENEE A. MORLAN COMMISSIONED AS I, RENEEA. SCHNEIDER , a Notary Pubhc in and for the C~ty and State aforesmd, do hereby c ert~fy t hat R. J M cG~nnis h as acknowledged t he same before m e ~ n m y City a nd State. GIVEN under my hand this } tJ4~ay of (_~'~)~~ . ,2003 '~tarr~'e dJ~tfc My/cq ~mrn~s~on expires' Netw~riUAgrc~men~tMcGtnms & Sh~pps-Holland Rev 10/13/03 EXHIBIT "A" BEGINNING at a point in the eastern side of Holland Road, which said point is located at the intersection of the eastern side of Holland Road and the boundary line between the property hereto described and that certain parcel described as "Parcel A", as shown on that certain plat recorded in the Clerk's Office of the Circuit Court of the City of V~rgmia Beach, Virginia, in Deed Book 2633, at page 2039, which said point also being at the northwestern comer of the property herein described and the southwestern comer of the aforesaid Parcel A, thence North 67 degrees 58'43" E 200 feet to a point; thence south 20 degrees 57'56" E 153.26 feet to a point; thence south 75 de~ees 02'23" W 210.94 feet to a point m the eastern side of Holland Road, thence turning right and running along the eastern side of Holland Road along a curve to the left, the radius of which is 473.20 feet, a distance of 90 27 feet to a point; thence continuing along the eastern side of Holland Road along a curve to the left, the radius of which being 2,348 83 feet, a distance of 27.94 feet to the point ofbeglnmng THE ABOVE-DESCRIBED property constitutes a portion of that certain piece or parcel of land with the buildings and improvements thereon, sxtuate, lying and being in the City of Virgima Beach, Vlrgima, being known, numbered and designated as Parcel B1-B, as shown on that certain plat entitled "Subdivision of Property, Parcel B 1, Subdiwsion of Property of Margaret A. Drummond & James R and Marguerite Johnson, D B. 2709, P. 2214 (Plat), Virginia Beach, Virginia", which said Plat is duly recorded in the Clerk's Office of the Circuit Court of the Caty of Virginia Beach, Varginia, in Map Book 293, at pages 34 and 35. Item V-d. 9. - 39- PLANNING ITEM # 51975 Teresa Orr, 3149 Clark Drtve, Phone 478-4703, requested the proposed West Neck Parkway Extended be removed from the Master Transportatton Plan The Ctty Manager suggested a use agreement be developed wtth the Courthouse Estates Homeowners Assoc~atton Upon morton by Council Lady Wtlson, seconded by Counctlman Jones, City Counctl ADOPTED, AS REVISED, wtth Attachments A, B and C Ordtnance to AMEND the Comprehensive Plan as recommended and certtfied by the Plannmg Commtsston RE VISIONS INCLUDE: 1 The right-of-way for Shore Drtve shall be one hundred (100) rather than one hundred fifty (150)feet from North Great Neck east to the Ftrst Landtng State Park 2 The area now known as the "Transttton Area "shall be renamed and referenced as "Prtncess Anne" 3 The area now known as "Mount Trashmore H" shall be renamed and referenced as "Ctty Vtew Mountain" 4 Add "Bell House" to the hsttng of those places designated as "htstortcal" 5 The four (4) "Vtston 2020" statements shall be added a Vtrgmta Beach ts the leadmg ctty tn Vtrgmta b Vtrgtnta Beach ts a dtverse communtty wtth dtverse, dtsttncttve neighborhoods, a dtverse local economy and dtverse hvmg chotces c Vtrgtnta Beach has abundant natural resources, first class oceanfront wtth beaches and a vtbrant Town Center d Our people enjoy great schools, places to have fun, and cultural and arts opportuntttes Robert d Scott, Planntng Dtrector, advtsed Page 42 of the Pohcy Report shall reflect pubhc/prtvate partnershtps December 2, 2003 - 40- Item V-J. 9. PLANNING ITEM # 51975 (Continued) Vottng 9-I Counctl Members l/otmg Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay Reba S McClanan Counctl Members Absent Ron A Vtllanueva December 2, 2003 AN ORDINANCE AMENDING AND ADOPTING THE COMPREHENSIVE PLAN OF THE CITY OF VIRGINIA BEACH 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 WHEREAS, the purpose of the Comprehensive Plan is to guide and accomplish the coordinated, adjusted and harmonious development of the City which will, in accordance with present and probable future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and general welfare of the C~ty and mts cmtlzens; WHEREAS, the Planning Commission, in concert with the Department of Planning, conducted numerous work sessions and an extensive outreach program ~n order to determine the needs and desires of the general public and buszness, environmental, military, agricultural, cultural and other groups; WHEREAS, on October 20, 2003, the Plannmng Commission recommended and certified to the City Council a Comprehensive Plan amending the previous Comprehensive Plan adopted by the City Council on November 4, 1997, and thereafter revised on December 14, 1999, January 4, 2000, March 28, 2000, June 27, 2000, July 11, 2000, December 12, 2000, May 22, 2001, June 11, 2002 and May 27, 2003, in accordance with the requirements of Article 3 of Chapter 22 of Title 15.2 of the Code of Virginia; WHEREAS, the Cmty Council has thoroughly stud~ed the Comprehensive Plan recommended and certifmed to it by the Planning 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 46 47 Commission, and has actively and affirmatively sought and obtained the views of the citizens of the City; WHEREAS, the City Council has held a public hearing on the proposed Comprehensive Plan, after having given due notice thereof pursuant to Section 15.2-2204 of the Code of Virginia, as amended; and WHEREAS, the Comprehensive Plan presented to the City Council thzs day, bearing the date of September 29, 2003, and the revisions thereof dated October 20, 2003, amend the version o£ the Comprehensive Plan recommended and certifzed by the Planning Commission; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That it hereby adopts, as the Comprehensive Plan of the City of Virginia Beach, that certain document entitled "Comprehensive Plan, City of Virginia Beach," dated September 29, 2003, as amended by the aforementioned revisions bearing the dates of October 20, 2003, and December 2, 2003, which Comprehensive Plan and revisions were presented to the Cmty Council this day. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE Cii~ OF VIRGINIA BEACH, VIRGINIA: That it hereby also adopts, as an integral part of the Comprehensive Plan, the Comprehensive Land Use Plan Map and Master 48 Transportation Plan Map accompanying the aforesaid Comprehensive Plan. 5O 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of December , 2003. CA-9012 ORDIN~NONCODE~compplanord.wpd R-2 September 30, 2003 APPROVED AS TO CONTENT: Planning DePartment APPROVED AS TO LEGAL SUFF~I C~~~],~I ENCY: ~. ~~~ Cmty Attorney's Office Attachment A COMPRHENSIVE PLAN PLANNING COMMISSION RECOMMENDATION This attachment cites the revisions to the Comprehensive Plan Draft dated September 29, 2003, as approved by the Planning Commission following their October 20, 2003 public hearing. Policy Document Revision Remse the last sentence at the bottom of page 11 to read, ":r-he A consistent and reliable AICUZ Program provides necessary protection to potential development ~n the commumty from jet no~se and crash potential, and is an Important factor ~n enabhng the md~tary to remmn here in force and contribute to our local economy" Technical Report Revision Delete the housing tables shown on pages 90 and 91 Master Transportation Plan Map Revisions Rewse the following roadway segments to read: Centermlle Tumplke - from Kempsvdle Road to Indian R~ver Road Reduce the planned right of way w~dth from 165' to 150'. Pnncess Anne Road - from Indian R~ver Road to Pungo Ferry Road Reduce the planned right of way w~dth from 110' to 100' and change the accompanying symbol from a "D" (Divided Roadway) to "U" (Undivided Roadway). Independence Boulevard - from Haygood Road to Northampton Boulevard Reduce the planned right of way width from 170' to 150' Attachment B COMPREHENSIVE PLAN OTHER REVISIONS TO BE CONSIDERED BY CITY COUNCIL The following items are considerations for revisions to the Recommended Comprehensive Plan, as received by the City Council and other input received during public comment. Policy Document Revisions Add a new policy E-2-3 to read: Develop an Owl Creek Watershed Management Plan and continue cooperation with the Rudee Inlet-Owl Creek Watershed Partnership. Renumber all subsequent pohcies cited ~n this sub-section of the Plan Revise the heading of the third environmental theme, Intra and ~nter-govemmental Coordination, c~ted on page 220 to read Coordination with Governmental and Other Stakeholders Revise the second sentence under this heading to read: External stakeholders who are ~nvolved ~n the process of addressing th~s major theme ~nclude the following: the Hampton Roads Planning D~stnct Commission; the Chesapeake Bay Local Assistance Department; the U S Army Corps of Engineers; the Vlrg~ma Department of Conservation and Recreation; the Vlrglma Department of Environmental Quahty; the Cities of Chesapeake and Norfolk, and Cumtuck County, the Federal Emergency Management Agency, the U.S. Fish and Wddhfe Service, the Environmental Protection Agency, the V~rglma Department of Transportation; the Departments of the Navy and Army and members of the Chesapeake Bay Foundation, Lynnhaven 2007 Prolect, and Ehzabeth R~ver Project. Remse Pohcy E-2-4 to read. Encourage all golf course faciht~es in the City, both pubhc and private, to comply w~th the Audubon Certfficat~on Program to protect dnnk~ng water supply to the greatest extent practical. Add two new bullets in the Appendix on page A-4 under the 'Agenda for Future Action' section to read: Explore the feaslbd~ty of offenng tax incentives for using 'permeable pavements' and other ~nnovat~ve development techmques that contribute to ~mproved stormwater management systems. Explore the feas~bdity of offenng real estate tax benefits such as tax credit or tax deduction for creation of riparian buffers on their property. Rewse the T~tle of Chapter 5, Transition Area to read: Pnncess Anne/Trans~tlon Area and revise the Comprehensive Plan map accordingly. Add a new sentence at the beg~nmng of Chapter 5 to read. The Transition Area ~s now recogmzed and officially named 'Pnncess Anne/Trans~tmn Area' Add a new sentence before the last sentence ~n the first paragraph of the Rural Area chapter on page 161 to read: Th~s presence ~s reflected m the diversity of agricultural and rural related activities ~nclud~ng traditional and specialty crop cultivation, tree farms, equestrian fac~htles, wetland banks, fish farms and other s~m~lar uses. Add the following language on Page 6 after the fifth paragraph to read' Another part of the c~ty's identity is the strong tie w~th the mlhtary. Mdltary bases in V~rg~ma beach, including Naval Air Station Oceana and ~ts Dam Neck Annex, as well as Fort Story and the Naval Amphibious Base L~ttle Creek are wtal parts of the c~ty ~n every way Each ~nstallatlon predates the 1963 charter creating the City of V~rg~ma Beach. The base bnng great financial stabdlty, ~ncreases the diversity and background of the population and enhances the efforts of the c~ty to become a commumty for a llfet~me. Many of the m~htary members who served ~n V~rgima Beach choose ~t as their permanent home upon leaving the m~htary or upon their retirement. Th~s partnership between the C~ty and the m~htary is not only wtal to the c~ty ~n an economm sense, but also plays an ~mportant role ~n defining the character of the V~rg~ma Beach It ~s a partnership that has continued for 40 years. It has been and wall continue to be the pohcy of the c~ty to work ~n a close, positive and collaborative manner to achieve our respective goals and oblect~ves Th~s means achieving a reasonable balance between the Navy's need to mmntmn effective mditary read~ness, both operationally and strategically, and the c~ty's need to mmntmn effective implementation of ~ts growth management and land use planning pohmes. Add the following language on page 11 as the first three sentences under the heading, A strong mthtarypresence tn the communtty, to read: We want the V~rglma Beach to continue to be the proud host and home to the mthtary. We support the md~tary and recogmze the ~mportant contributions they make to our commumty. We wall work to further galvanize the strong partnership that has been a hallmark of our relationship over the past four decades. Rev, se the last sentence on 11 to read: The AICUZ Program provides necessary protect]on to potential development in the community from jet noise and crash acc]dent potential, and is an important factor in enabling the military to remain here in force and contribute to our local economy. Revise the first sentence on page 12 to read: Nmsi~ Future military aircraft basing decisions may bnng louder and more numerous aircraft accentuateing the importance of giving due consideration to this program dunng all land use decision making. Add a new item to the summary hst of steps on page 54 relating to rewtahzaUon and redevelopment to read: V The C,ty must carefully weigh m,htary and other commumty interests before ,mplement,ng any rev]tahzat, on or redevelopment ,nitiat]ve Technical Report Revisions Rev]se the last paragraph on page 43 and the first paragraph on page 44 to read: The purpose of the AICUZ (A,r Installation Compatible Use Zone) Program Is to achieve compatibility between a,r installation operations and nelghbonng commun,t]es by' Protecting the health, safety and welfare of mvfl]ans and military personnel by encouraging land uses that are compatible with a, rcraft operations, 2 Protecting Navy lnstallaUon investment by safeguarding the installation's operational capab,ht, es, . Reducing no]se impacts caused by mrcraft operations while meeting operational, training and flight safety requirements, both on and ~n the vicinity of the air installation, and , Informing the public about the AICUZ program and seebng cooperative efforts to minimize no]se and accident potential ~mpacts by promoting compat,ble development in the vicinity of military a,r lnstallat, ons. Delete the introductory paragraph and first bullet on page 67 and rev]se the second bullet to read: ~, The Bays]de Pohce Precinct tal/roject involves the replacement of the current Third Precinct with a new 9,000 square foot facility Th~s project will be done ~n conjunct]on with the replacement of the existing Bays~de Library w~th a new facility The capital projects also entail the acqms~non of additional property to accommodate the bmld~ng expansion and parking reqmrements for both facilities Rev]se on page 84 footnote #6 refemng to the S~gnature at West Neck Golf Course to read 6 Apprommate acreage of propose4 golf course Remse on Page 84 the words 'Herons R~dge' to read: 'Heron R~dge' Rev]se on Page 85 the number of holes on N.A.S. Oceana Aeroplnes Golf Course to read: 36. Rev]se the first paragraph on page 109 to read' Oceana Naval A~r Stat]on is the U.S. Navy's largest Master Jet Base, home to most of the F/A-18 Hornet Squadrons on the East Coast and the only mr station in the U S w~th the-F-14 Tomcat squadrons. A total of 2--3 19 .strike/fighter squadrons with 3~.,,a 287 mrcraft are assigned with over !'~.,,.,.,,,aaa 9,000 active duty personnel and grt4t- 2,273 c~whan employees. The largest employer in V]rg]ma Beach, the air station's annual payroll ~s over $600 mflhon. (2003 data) Revise the fourth paragraph on page 109 to read. r~.~ t-,~.,.,~.,~,~..,., .^~.,...,~*~ ~.,,.,, NAS Oceana Dam Neck Annex, Dam Neck's primary m~ss~on ~s to prowde tra]mng in the opera]on and employment of naval combat d]recnon and control systems. The average base population ~s 5,000 persons and the total military and c~whan payroll Is $224 mflhon. Attachment C COMPREHENSIVE PLAN AMENDMENT Suggested Changes to the Comprehensive Plan Submitted or considered after November 24, 2003 Policy Document Add a new sentence after the first sentence at the top of page 42 of the Policy Document to read, It ~s not the intent of the City to compete with the private sector in the creation or exercise of such partnerships Technical Report Add the Bell House to the hst of historic places c~ted on page 114 General Revise, as needed, text or map elements of the comprehensive plan to correct any typographical and grammatical errors Delete the following text on page i of the Pohcy Document , !0. 11 14 Add the following text on page 1 of the Policy Document to read, The following 'Vision 2020' statement has been authored by the City Council · Virginia Beach is the leading city in V~rglma. Virginia Beach is a diverse community with diverse, d~st~nct~ve neighborhoods, a diverse local economy, and diverse living choices · Virginia Beach has abundant natural resources, first class oceanfront and beaches, and a vibrant Town Center · Our people enjoy great schools, places to have fun, and cultural and arts opportunities Originated from the 2003 City Council Workshop - 41 - Item V-K. ,4 PPOINTMENTS ITEM # 51976 B Y CONSENSUS, Ctty Councd RESCHEDULED the following APPOINTMENTS: MINORITY BUSINESS CO UNCIL PUBLIC LIBRARY BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION TO WING AD VISOR Y BOARD VIRGINIA BEA CH COMMUNITY DEVELOPMENT CORPORA TION (VB CDC) December 2, 2003 - 42 - Item VoK. 2. APPOINTMENTS ITEM # 51977 Upon NOMINATION by Vtce Mayor Jones, City Counctl APPOINTED: Aubrey Lane William K. Butler, H Ned Williams PERFORMING AR TS THEATRE AD VISOR Y COMMITTEE Voting 10-0 Counctl Members Votmg Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor MeyeraE Oberndorf, Jtm Reeve, Peter W Schmtdt, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Ron A ~llanueva December 2, 2003 - 43 - Item V-K. 3. APPOINTMENTS ITEM # 51978 Upon NOMINATION by Vtce Mayor Jones, Clty Counctl NAMED: William D. Almond Chairman OLD BEA CH DISTRICT MASTER PLAN AD VISOR Y COMMITTEE Votmg 10-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, I/tce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor MeyeraE Oberndorf, dtm Reeve, Peter l,V Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Council Members Absent Ron A Vtllanueva December 2, 2003 - 44 - Item V-N. AD JO URNMENT ITEM # 519 79 Mayor Meyera E Oberndorf DECLARED the City Council Meeting ADJOURNED at 10 05 P M Chtef Deputy City Clerk Ctty Clerk Meyera E Oberndor£ Mayor Czty of Vtrgmta Beach Vtrgtma December 2, 2003 - 44 - Item V-N. ADJOURNMENT ITEM#51979 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 10:05 P.M. Bever _o 74044 Hooks, CMC Chief Deputy City Clerk _ uth Hodges Smith, MMCA MeyeraE. Oberndorf City Clerk Mayor E • City of Virginia Beach Virginia December 2, 2003