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HomeMy WebLinkAboutDECEMBER 9, 2003 MINUTESCITY COUNCIL MA YOR MEYERA E OBERNDORF, At-Large VICE MAYOR LOUIS R JONES Baystde -Dtstrtct 4 HARRY E DIEZ, EL Kempsvdle -Dtstrtct 2 MARGARET L EURE, Centervdle -Dtstrtct 1 REBA S Mc( LANAN, Rose Hall o Dtstrtct 3 RIUHARD A MADDOX, Beach -Dtstmct 6 IlM Ri'EVE, Princess Anne - D~trtct 7 PETER }V SCHMIDT, At-Large RON A VILLANUEVA, At-Large ROSEMARY WILSON, At-Large IAMES L WOOD, Lynnhaven -Dt~trtct 5 JAMES K SPORE, ( tty Manager LESLIE L LILLEY, Cay Attorney RUTH HODGES SMITH, MMC, ( lty Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA ( ITYHALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl~vbgov corn December 9, 2003 I. CITY MANAGER'S BRIEFINGS - Conference Room- 1:00 PM A Bo C RETAIL STUDY SURVEY John Melamphy, Consultant VOLUNTEER COUNCIL ANNUAL REPORT Mary Russo, Volunteer Coordinator HEALTH CARE ISSUES ADVISORY GROUP Larry Spencer, Assistant C~ty Attorney II. CITY COUNCIL DISCUSSION A CONGRESSIONAL DELEGATION VISIT re REVISED AICUZ REGULATIONS Bo PUBLIC LIBRARY BOARD Proposed Changes to Composition III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 4:00PM A. CALL TO ORDER- Mayor Meyera E Obemdorf B. ROLL CALL OF CITY COUNCIL C RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Joe Warren Abundant Harvest 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 December 2, 2003 G AGENDA FOR FORMAL SESSION H. PRESENTATION GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) AWARD Department of Management Services I PUBLIC HEARING 1. EXCESS PROPERTY at North Landing Road and Pnncess Anne Road J. CONSENT AGENDA K. RESOLUTIONS Resolution concumng w~th ~ssuance by the Industrial Development Authority of Mathews County, re a Revenue Bond not to exceed $5,000,000 for the UJFT Community Campus, L.L.C. at W~tchduck and Grayson Roads Resolution refemng to the Planmng Commission proposed amendments to § 201 of the C~ty Zoning Ordinance (CZO), re the parking of motor vehicles on certain portions of residential lots. Resolution to AMEND the revised recommendations of the Councd Committee ehm~nat~ng Vlrg~ma Beach residency as a necessity for the citizen appointments to Boards and Commissions. Lo ORDINANCES . Ordinance to AMEND §§ 35-139, 35-140, 35-143.1, 35-144, 35-162, 35-166, 35-187, 35-188, 35-192, 35-252, 35-253, 35-258, 35-260 and ADD §§ 35-147, 35-168, and 35-194 ofthe City Code re assessment and collection of admission, meal, lodging, short-term rental and telecommunication service taxes. Ordinance to DECLARE EXCESS PROPERTY at the intersection of Princess Anne Road and North Landing Road' and: AUTHORIZE the City Manager to convey this property to Kellan & Eaton, Inc. as part of a PROPERTY EXCHANGE. (DISTRICT 7 - PRINCESS ANNE) . Ordinance to ACCEPT and APPROPRIATE $442,943 from the U.S. Department of Justice to the Police FY 2003-2004 Operating Budget re internal affairs software and database development, training and project evaluation. Ordinance to APPROPRIATE $380,000 anticipated revenue from the State to the Pohce FY 2003-2004 Operating Budget re extradition of prisoners. Ordinance to ACCEPT and APPROPRIATE $49,991 from the U.S. Department of Health and Human Services to the F~re FY 2003-2004 operating budget re a part-time program manager and associated equipment to lmtlate a Medical Reserve Corps program. . Ordinances to ACCEPT and APPROPRIATE cash payments ~n lieu of park reservation re "Park Playground Renovations": a Dam Neck Court Subdivision $ 9,915 b White Acres Subdivision $29,900 c. Bnnkley Estates Subd~ws~on $20,000 d Thoroughgood, Section 8, Part 4 Subdivision $24,000 . Ordinance to APPROVE a Cooperative Agreement between the City Council and the School Board re provision of legal services to thc Board by the Office of thc City Attorney in FY 2004. M PLANNING Application of STEPHEN WRAY O'NEAL for the expanston ofa nonconformtng use re adding and constructing a detached garage at 420 Davis Street. ((DISTRICT 2 - KEMPSVILLE) Indefinitely Deferred Recommendation: August 26, 2003 APPROVAL . Applications of BERKSHIRE-HUDSON CAPITAL, XI, LLC re Change ofZontng Dtstrtct Classtficatton. (DISTRICT 7- PRINCESS ANNE) ao From B-1 Neighborhood Business District, B-2 Community Business District and AG-2 Agricultural District with Historic and Cultural Overlays to Conditional B-2 Community Business District with Historic and Cultural Overlays east of Pnncess Anne Road and North Landing Road bo From B-2 Community Business District with Historic and Cultural Overlays to AG-2 Agricultural District with Historic and Cultural Overlays at Pnncess Anne Road and Courthouse Drive. Deferred Recommendation' November 25, 2003 APPROVAL o Application of PHIL M. BONIFANT for a Condtttonal Use Permtt re a Country Inn at 2252 Indian River Road. (DISTRICT 7- PRINCESS ANNE) Recommendation: APPROVAL Application of K.A.H. PROPERTIES, L.L.C for a Con&ttonal Use Permtt re motor vehicle sales and service at 3112 Virginia Beach Boulevard (DISTRICT 5 - L NNHAVEN) Recommendation. APPROVAL o . o Apphcatlon of MARVIN M. and GAYLE B. ROLLINS for a Condtttonal Use Permtt re alternative residential development at 480 Pnncess Anne Road. (DISTRICT 7- PRINCESS ANNE) Staff Recommendation: Planning Commission Recommendation: DEFERRAL APPROVAL Apphcatlons of KEMPSVILLE-CENTERVILLE ASSOCIATES, L.L.C. at 2001 Centervllle Turnpike: (DISTRICT 1 - CENTERVILLE) ao MODIFICATION to a Condmonal Use Perrmt (Approved by the City Council February 11, 2003 bo Change ofZomngDtstrtct Classtficatton from R-5D Residential Duplex District to Conditional B-2 Community Business District c. Condtttonal Use Permtt re mini-warehouse Recommendation: APPROVAL Apphcat~on of HOLLIS ROAD ASSOCIATES, a %rg~ma General Partnership for a Change qfZontngDtstrtct Classtl2catton from R-10 Residential District to Conditional A-12 Apartment District at Herbert Moore Road and Campus Drive. (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL Apphcatlon of SILVER HILL-SALEM, L.L.C. at Lynnhaven Parkway and Salem Road: (DISTRICT 1 - CENTERVILLE) Change of Zoning from Conditional B-2 Community Business District to Conditional 0-2 Office District b Condtttonal Use Permtt re housing for seniors Recommendation. APPROVAL Apphcat~ons of PUNGO INVESTORS, INC. at Stowe Road and South Stowe Road: (DISTRICT 7 - PRINCESS ANNE) a. Petition for a Variance to § 4.4 (b) of the Subdiwsion Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) b Con&ttonal Use Permtt re alternative residential development Staff Recommendation Planning Comm~sslon Recommendation: DEFERRAL APPROVAL 10. 11 12 13. 14. Apphcatlon of MICHAEL CARR for a Con&ttonal Use Permtt re a recreational facility of an indoor / outdoor nature (skate park) and church at 5405 Indian River Road (DISTRICT 1 - CENTERVILLE) Recommendation' ALLOW WITHDRAWAL Applications of ASHVILLE PARK, L.L.C. re Flanagan's Lane at Pnncess Anne Road: (DISTRICT 7- PRINCESS ANNE) a. The dtsconttnuance, closure and abandonment of a portion of Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional PD- H2 Planned Unit Development District (R-30 and P-1) Co Petition for a Variance to § 4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) at the intersection of Sandbndge Road Recommendation' APPROVAL Applications of ALCAR, L.L.C. at Nlmmo Parkway and Rocklngchalr Lane: ao Change ofZomng Dtstrtct Classtficatton from AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District b. Condtttonal Use Permit for Open Space Deferred' Recommendation: OCTOBER 28, 2003 APPROVAL Application of CAVALIER GOLF and YACHT CLUB for a Con&ttonal Use Permtt re a marina expansion at 1052 Cardinal Road. (DISTRICT 5 - LYNNHAVEN) Deferred. Staff Recommendation: Planning Commission Recommendation' May 27, 2003 APPROVAL APPROVAL LOST TO A TIE VOTE Ordinances of CITY OF VIRGINIA BEACH re Chesapeake Bay Preservation Area Ordinance and further re conforming references to renumber sections to AMEND and REORDAIN · Sections 5.10, 6.1 and 6.3 of the Subdivision Ordinance, Appendix B of the City Code b Site Plan Ordinance, Appendix C of the City Code re § 1.6 of the Tree Planting, Preservation and Replacement Ordinance, Appendix E of the City Code Appendix F of the City Code re identification and protection of Resource Protection Area buffers, designation criteria, land use, development performance criteria and variances Recommendation: APPROVAL e Establishing TRANSITION RULES for amendments to Appendix F. Section 2-452 1 of Chapter 2 of the City Code re Boards, Commissions and Committees. N APPOINTMENTS BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE PLANNING COMMISSION RESORT ADVISORY COMMISSION (RAC) SOUTHEASTERN VIRGINIA AREA-WIDE MODEL PROGRAM (SEVAMP) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call TDD only 427-4305 (TDD - Telephonic Device for the Deaf) Agenda 10/9/03/sb www vbgov com OUR g K~O~ MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 9 December 2003 Vice Mayor Louts R Jones called to order the CITY MANAGER's BRIEFING re RETAIL STUDY SURVEY tn the Ctty Counctl Conference Room, Ctty Hall on Tuesday, December 9, 2003, at 2 10 P M Counctl Members Present Harry E DtezeL Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Jtm Reeve and James L Wood Counctl Members Absent Mayor Meyera E Oberndorf Peter W Schmtdt Ron A Vtllanueva Rosemary Wtlson [Entered 2 15 P M] [Entered 2 15 P M] [Personal/Bustness Trtp to Phthpptnes] [Entered 2 35 P M] Due to the Hampton Roads Regional Chamber of Commerce annual meeting luncheon, at 12 NOON, Tuesday, December 9,2003, Founders Inn, and a majortty of the Counctl Members attendmg, the Ctty Counctl Sesston commenced at 2 O0 P M rather than 1 O0 P M -2- CITY MANAGER'S BRIEFING RETAIL STUD Y SUR VEY 2:10 P.M. ITEM # 51980 Donald Maxwell, Dtrector- Economtc Development, advtsed the firm of Melamphy and Assoctates was engaged to develop a Retail Market Strategy Study The study ts focused upon the market for retatl facthttes on both a macro and mtcro basts throughout the twelve (12)planntng sectors Thts tncludes new development, as well as redevelopment of extsttng retatl areas Mr Maxwell tntroduced John Melamphy, Dtrector- Melamphy and Assoctates, Chtcago, Ilhnots Mr Melantphy has over forty-four (44) years of retatl and consultant expertence Mr Melantphy advtsed the Retail Market Study commenced tn September The objecttve has been to determtne tf a retatl sales leakage extsts and, tf so, to what extent The study acttons tncluded Inspection: Twelve (12) planmng areas tnclu&ng locatton, restdenttal, road patterns, tncome retail, dtnmg and entertainment facthttes, demographtc change, tourtsm relattonshtp, mtlttary presence, employment and retatl problems as well as opportuntttes Competitive Retail Facilities All of the major retad facthttes tn the Vtrgmta Beach/Norfolk area have been mspected and the major retail players cataloged TownCenter wtll be one of the best acttons that Vtrgmta Beach has ever taken It conttnues to be the catalyst for office, retail and other commerctal development Data Gathering Wtth the asststance of Economtc Development Department staff over 3 5feet of reports on Vtrgtma Beach and the regton have been completed Thts tncludes demographtcs, economtc base, employment, retatl sales, retatl tnventory, accesstbthty, traffic congestton, road patterns, tncome, tourtsm, mthtary, mthtary exchanges, plans for changes, pubhc pohcy Key Leaders Survey Vtstts with fifty (50) &verse commumty and bustness leaders to dtscuss the communtty and see the sttuatton through everyone's eyes The Mayor and Ctty Counctl Members were tncluded along wtth government offictals, bankers, real estate people, retatlers, developers, shopptng center management, hotel operators, news me&a, educators, mthtary exchange and numerous others Resident Telephone Shopping Survey 500 surveys were completed last week, and are currently betng computer tabulated A questtonnatre was tntttally destgned, pre-tested to be sure that tt was understood, some changes were made and the survey was conducted Contmental Research conducted the actual surveys and chd an excellent job Tabulatton wtll be completed wtthtn the next two weeks The data will then be analyzed and a presentatton prepared The findmgs wtll be presented tn mtd-January December 9, 2003 -3- CITY MANAGER'S BRIEFING RETAIL STUD Y SUR VEY ITEM # 51980 (Continued) Other acttons entatled Addresstng tourtsm, tourtst expenchtures and the Oceanfront The consultants have vtstted the stores and restaurants and the Telephone Survey wtll reflect that focus Mthtary population, tncome, expendttures, the mtlttary exchanges and the telephone survey wtll help tdenttfy their contrtbutton to the retatl economy Melamphy and Assoctates computed drtvtng ttme from major retatl areas to simulate the consumer's expertences Melamphy and Assoctates ts evaluating retatl sales for Vtrgtnta Beach and the balance of the Norfolk regton by SIC codes or tndtvtdual retatl categortes Melantphy ts also starttng to compute Personal Consumption Expenditures by the same categortes so that sales captured to expendttures can be prepared Subsequently, market penetratton by tndtvtdual category wtll be computed Once the current sttuatton by retatl category and location has been determined, the macro and micro market demand vs supply can be clartfied Then macro communtty needs wtll be addressed followed by the twelve (12) tndtvtdual areas Opportuntttes, needs and necessary acttons wtll be recommended The tools required to address the problem and opportumty will be dehneated Ftnally, a process will be suggested for matntatntng the data that wtll gtve the report greater long term utthty The draft of the report should be completed by mtd-February Key Leaders Survey - Highlights Response was very postttve Vtrgtnta Beach ts constdered to have a very good bustness chmate Tourtsm ts important to the entire community Retatl vtston- generally retatl needs to be upgraded Entertatnment- an tmportant component of the Ctty Mthtary Role - very tmportant to the Ctty and the economy Retatl Leakage -extsts with restdents gotng to MacArthur Mall, Rtchmond, Washington, D C, New York and others areas Strategy to tmprove leakage - add better stores and tmprove extsttng facthttes Vtrgtnta Beach ts a very safe and secure place Effecttve tools for redevelopment tnclude financtal tncenttves and a Redevelopment Authortty Most of the fifiy (50) people tntervtewed have been affected postttvely by the Internet "If you could change only one thing tn Vtrgtnta Beach, tt would be traffic and transportation, followed by upgradtng the retatl facthttes and the Oceanfront" December 9, 2003 -4- CITY MANAGER'S BRIEFING RETAI£ STUD Y SUR VEY ITEM # 51980 (Continued) Mr Maxwell advtsed Mr Melantphy and hts staff are dotng compartsons of commumttes wtth stmtlar charactertsttcs to Vtrgtnta Beach t e Oceanfront, relytng heavtly on tourtsm and mthta~. There are still analysts to be completed of the abundance of mformatton received The final report should be completed tn early to Mtd March or sooner, t. f feastble The twelve (12) strategtc growth areas are conststent wtth the Comprehenstve Plan and represent the area well geographtcally Mr Melamphy advtsed one of the problems with malls ts when tndtvtduals thtnk of gotng to the Mall, they beheve tt ts gotng to take an hour or an hour and a 'half to go through the cycle, due to the tnabthty of parktng tn front of the store The "big box " t e Super WalMart has gtven people the concept you can park tn front of the store However, thts ts not feastble, but ts theperceptton Therefore, the number of trtps to the Mall and ttme expended tn the Mall have dechned umversally The surveys were categorized according to age A matrtxprogram tabulates the data The focus ts prtmartly on age and tncome, whtch are the two most tmportant components tn retatl Economtc Development placed the questtonnatre on the Internet Three hundred (300) completed surveys were recetved There was a htgh tnctdence of marl, whtch wtll be tabulated separately Mr Maxwell advtsed the final report wtll be a strategy which can be utthzed by Ctty Council, as well as Boards and Commtsstons tn makmg dectstons relattve retail and commercial development Mr Maxwell beheves thts strategy should be shared wtth the prtvate sector developers and retatlers Mr Maxwell expressed apprectatton to Radio Statto TWD and Dtck Lamb who encouraged ctttzens to respond to the telephone and Internet surveys Cynthia Whttebred-Spanouhs, ProJect Manger, expended many hours (weekends and eventngs) worktng wtth Mr Melantphy for completton of the survey December 9, 2003 -5- CITY MANA GER 'S BRIEFING VOL UNTEER CO UNCIL ANNUAL REPORT 2:48 P.M. ITEM # 51981 Mary Russo, Volunteer Counctl Co-Or&nator, was proud to present the Virginia Beach Volunteer Council Annual Statistics and Achievements Fiscal Year 2002-2003. Mission Statement The Virginia Beach Volunteer Council exists to promote volunteerism with Virginia Beach government agencies to enhance the economic, educational, social and physical quality of the community and to support municipal services valued by citizens. Mrs Russo tntroduced Martetta Connor, Technology Commtttee- Volunteer Counctl, who expends many hours gathertng the stattsttcs The number of volunteers tncreased by one-thtrd from the prevtous year 21,000 ctttzens volunteered at some potnt tn ttme The dollar value equated to $17,203,904. ANNUAL REPORT COMPARISONS Fiscal Year Number of Hours Worked FTE (Full Ttme Dollar Value Volunteers Employee) Eqmvalent 98/99 11,635 1,819, 923 8 75 $19, 660, 288 99/00 14, 9 l 2 1,661, 80 7 943 $17, 669, 822 00/01 15, 945 1, 4 77, 209 710 $16, 245, 640 01/02 15,459 1,483,404 713 $15, 775,843 02/03 21, 720 1,490, 729 717 $17,203,904 A CHIE VEMENTS IN EXCELLENCE Ftscal Year 2000/2001 Hours Value Emergency Medtcal Servtces 453, 756 $ 6,109, 082 Museums and Cultural Art 141,504 $1, 05 7, 994 Shertff's Office 515,163 $ 4, 915, 618 Parks and Recreatton 169, 688 $1,524, 610 December 9, 2003 -6- CITYMANAGER'S BRIEFING VOL UNTEER CO UNCIL ANNUAL REPORT ITEM # 51981 (Continued) Mrs Russo extended appreciatton to the "Over Achievers", who each provtde volunteers equattng to over $100,000 Agriculture Fire General Service Juvenile Court Services Unit Mental Health/Mental Retardation/Substance Abuse Museums and Cultural Arts Office of the Mayor Pendleton Child Service Center Police Public Libraries Social Services Susan Walston, Chief of Staff and Volunteer Co-Chair, referenced the htghhghts Thts year was the 25th Anntversary of the Volunteer Counctl There are approxtmately 3 ~ volunteers for every one patd employee, a phenomenal growth over the twenty-five (25) years The Volunteer Council has partnered wtth the Safe Commumty Strategtc Issue Team to create the Ctty's local Citizen Corps Council, charred by Mary Russo Thts Ctttzen Corps mtsston ts to empower ctttzens to take personal responstbthty and provtde opportumttes to asstst locally tn netghborhoods durtng emergency sttuattons Thts Ctttzen Corps ss also the co-ordtnattng body for acttvtttes as Netghborhood Watch, the Medtcal Reserve Corps, the Communtty Emergency Response Teams and Pohce Servtce volunteers Record checks have commenced for volunteers, parttcularly tn the areas tnvolvtng contact with youth, city records, and other senstttve areas Expanston plans for the Volunteer Garden wtll be announced tn 2004 Relattve Performance Measures, these are the outcomes of the volunteers performance se 22,295 pounds of debrts were collected by the volunteers of Clean Communtty Commtsston Through the Farmer's Market acttvtttes l e "Fun on the Farm" over 2700 elementary age chtldren were able toparttctpate tnprograms destgned to support the Standards of Learntng Through the volunteers of the Vtrgmta Martne Sctence Museum, twelve (12) sea turtles and fifieen (15) seals were rehabthtated Mrs Russo extended apprectatton to the Ctty Council for thetr support Mrs Russo also extended apprectatton to Angela Garner, Executtve Asststant to the Chtef of Staff, who formulated all the Volunteer presentattons The Mayor advtsed the Contemporary Arts Center has an opportumtyfor teenagers who wtsh to volunteer to asstst tn conducttng summer youth art classes December 9, 2003 -7- CITY M/INA GER 'S BRIEFING HEALTH CARE ISSUES ADVISORY GROUP 3:00 P.M. ITEM # 51982 Mayor Oberndorf requested thts Brtefing be RESCHEDULED until January 2004. The Ctty Manager dtstrtbuted a DRAFT of a proposed City Counctl Pohcy relattve a Certificate of Public Need request The Ctty Manager requested the Mayor and Ctty Council revtew and advtse the Staff of any changes December 9, 2003 -8- CITY CO UNCIL DISCUSSION CONGRESSIONAL DELEGATION VISIT re REVISED AICUZ REGULATIONS 3:03 P.M. ITEM # 51983 The Ctty Manager chstrtbuted a Work Plan on OPNA Vlnstruction 11010.36B on the Aircraft Installations Compatible Use Zone (AICUZ) Program Chronology of the City of I/trgmta Beach Efforts to Reduce Encroachment WORK PLAN ~4ction Date Status Meet w~th Captatn Keeley on mstructwn 11/3/03 Accomphshed Meet w~th Admtral Turcotte on instruction 11/3/03 Accomphshed Meet wtth Admtral Fallon on tnstructton 11/17/03 Accomphshed Ctty Counctl brtef by Captatn Keeley on tnstructton and AICUZ 11/18/03 Accomphshed program Meettng request sent to Alan Zusman, author of tnstructton * 12/2/03' Accomphshed Copy of the Zusman letter sent to Congresstonal Delegation 12/2/03' Accomphshed dlscusslon Ctty offictals meet wtth representattves from the Office of 12/2/03 Accomphshed Economtc AdJustment to chscuss and request that a Jotnt Land Use Study (JL US) be pursued Dtscusston wtth Norfolk and Chesapeake on a dotnt Land Use 12/3/03 Contmutng Study (dL US) City Counctl estabhshes a Task Force to pursue tssue 12/9/03 Pen&ng Meet wtth Congresstonal Delegatton to discuss tnstructton and Ftrst 2 weeks of Pending .IL US January 2004 Ctty Counctl adoptton of a resolution supporttng dLUS 1/13/04 Pendtng (posstbly 1/06/04) Ctty to map out work program, consulttng needs, etc for JLUS 1/30/04 Pendtng Ctty to complete electrontc apphcatton for JLUS 2/13/04 Pendtng Approval of Ctty's apphcatton for dL US 2/20/04 Pendtng Procurement of consultant for JLUS to be adverttsed as soon as TBA - 45 days for Pendtng grant award ts recetved adverttstng Nottce to proceed to htre consultant on JLUS TBA Pendtng ,IL US to be completed (based on scope and Pendtng parttctpatton from Norfolk and Chesapeake *Thts meettng wtth Alan Zusman has been scheduled tn Vtrgtnta Beach for December 19, 2003 December 9, 2003 -9- CITY COUNCIL DISCUSSION CONGRESSIONAL DELEGATION VISIT re REVISED AICUZ REGULATIONS ITEM # 51983 (Continued) Mr Zusman ts a ctvthan and the Deputy Secretary for Facthttes The Joint Land Use Study can be a lengthy process, entathng between stx (6) to 18 (etghteen) months Examples of thts study tnvolvtng as long as three (3) years were ctted The Ctty Manager beheves the Ctty could control the pace As thts ts a htgh prtortty ttem, thts schedule can be compressed The Federal Government funds approxtmately seventy-five (75%) percent of the Study Thetr staff asststs and the ctttes choose the consultants The Navy was very impressed with the City's GIS and mapping capabtltty The Ctty Manager advtsed Councdman Peter Schmtdt ts endeavoring to schedule a meettng wtth the Ctty Councd and Senator Allen on Tuesday, December 16, 2003 Counctlman Reeve advtsed Congressman Schrock ts anxtous to be apart of the chalogue and wtll be out of the ctty Chrtstmas through January vtstttngfamtly However, he wtll be maktng htmself avatlable to meet with the Ctty Counctl Mayor Oberndorf referenced the Vtrgtntan Ptlot arttcle concerntng the Washtngton County sutt agatnst havtng to be the Outlytng Lan&ng Field (OLF) and beheves anyone who secures the OLF should also get the benefit of the atrplanes Washtngton County &scussed swttchtng the OLF to Cherry Potnt Counctlman Maddox advtsed the Mayor, Counctlman Reeve and htmself have worked together relattve a Task Force on Land Use in Air Installations Compatible Use Zones (AICUZ). The Ctty Attorney advtsed the Confltct of Interests Act states the members of the body (the Commtttee) and wtth the Ctty Counctl, one of whom shall be the Mayor, betng the Ltatsons (not members of the Committee), any two Counctl hatsons may meet prtvately wtth any two members of the Task Force The full Task Force (nor three (3) City Counctl Members) could not have a private meetmg wtthou advtsmg the Medta tn advance DRAFTS of the proposed AMENDED Resolution estabhshtng the Task Force on Land Use in air Installations Compatible Use Zones (AICUZ) and provtdmgfor tts membershtp, duttes and related matters was chstrtbuted Thts Resolutton would have the members of Ctty Counctl be "Ltatsons" to the Task Force rather than "members" Mayor Oberndorf expressed concern relattve the verbtage tn the last paragraph "The Task Force shall serve tn an advtsory capactty to the Ctty Counctl, and have the "sole and exclustve authortty" of the Ctty Counctl to engage tn offictal dtscusstons or negottattons wtth the Navy, Department of Defense" The verbtage "sole and exclusive authortty" shall be removed The final authority tn all such matters shall be reserved to the Ctty Counctl The Ctty Manager and Ctty Attorney shall provtde stafffor the Task Force December 9, 2003 -10- CITY COUNCIL DISCUSSION PUBLIC LIBRARY BOARD Proposed Changes to Composition 3:22 P.M. ITEM # 51984 The Mayor advtsed Marcy &ms, Dtrector of Ltbrartes, was unable to attend as she ts conducttng the Ltbrary Servtce Awards for her employees Ruth Barco, Chatr of the Pubhc Ltbrary Board, advtsed last year the Board revtewed tts composttton and Bylaws A commtttee was formed The Commtttee suggested addtng two (2) members to the Public Library Board, thus changing the membership from eleven (11) to thirteen (13) This would entatl a Ctty Code amendment Mrs Barco advtsed one representative from the Virginia Beach School System is requested to be added to the Board Thts would benefit both the school and the hbrary systems by havtng a more direct connectton between the school and the hbrarles Mrs &ms has contacted Dr denney and they have suggested a member serving at the school admtmstrattve level Currently there ts one student who serves one year Somettmes students are tnttmtdated by betng wtth adults and by the ttme the student ts comfortable, thetr term has exptred Two students, one of whom should be a duntor, would allevtate thts problem At the present ttme, there ts a student servtng who ts a Semor, ifa dumor were added this year, then as a Semor next year, the expertence would be evtdent, and a rotatton would commence Mrs Barco satd the term was not spectfied, but beheved tt should be a two-year term for the dumor Student representattve Mrs Barco wtll confer wtth the Board relattve the term and advtse Ctty Council The Ctty Attorney suggested the term of the student be removed from City Code Section 17.3 Public Library Board and make thts a Ctty Counctl Pohcy as opposed to an amendment to the Ctty Code December 9, 2003 -11- AGENDA RE VIEW SESSION 3:26 P.M. ITEM # 51985 K3 Resolution to AMEND the revtsed recommendattons of the Counctl Commtttee ehmtnattng Vtrgtnta Beach restdency as a necessttyfor the ctttzen appotntments to Boards and Commissions Counctl Lady Wtlson suggested the Resolutton be amended to recommend appotntments to the Boards and Commtsstons be a resident of the Ctty of Vtrgtma Beach, however, excepttons could be made Vtce Mayor Jones advtsed thts resolution proposes strtktng the restdency requtrement as excepttons are already bemg made Council Lady McClanan beheves the ctttzens of Vtrgtma Beach deserve first prtortty servtng on the Boards and Commtsstons Counctl Lady Eure advtsed a crtterta should be estabhshed for non-restdents as a relattonshtp t e Chtef Executtve Officer of a major corporatton tn Vtrgtnta Beach, and they should also possess an extreme amount of knowledge relattve the tssue of that parttcular Board or Commtsston Counctl Lady Eure requested DEFERRAL Mayor Oberndorf advtsed there are over 435,000 residents tn Vtrgtnta Beach, and there are approxtmately 1,000 apphcants for membershtp on the Boards and Commtsstons Ctttzens express concern to the Mayor relative the length of ttme thetr apphcattons have been on file wtthout appointment Mayor Oberndorf was not prepared to vote for thts Resolutton Vtce Mayor Jones suggested the Resolutton be DEFERRED INDEFINITELY. ITEM # 51986 L1 Or&nance to AMEND "35-139, 35-140, 35-143 1, 35-144, 35-162, 35-166, 35-187, 35-188, 35-192, 35-252, 35-253, 35-258, 35-260and ADD "35-147, 35-168, and 35-194 of the Ctty Code re assessment and collection of admission, meal, lodging, short-term rental and telecommunication service taxes. Counctl Lady Wtlson expressed apprectatton to Vtce Mayor Jones and Counctl Lady McClanan, Ltatsons tn coordtnattng a report whtch recommended a system be created "tn which trustee taxes are received and collected by the City Treasurer, wtth the Commtsstoner of the Revenue havtng the responstbthty of dtscovertng, regtstertng and audtttng businesses responstble for trustee accounts" The Ctty Counctl adopted a resolutton on Aprtl 22, 2003, accepttng thts report and dtrecttng tts recommendattons be tmplemented December 9, 2003 - 12- AGENDA RE VIEW SESSION ITEM # 5198 7 L6 Ordtnance to APPROVE a Cooperative Agreement between the Ctty Counctl and the School Board re provtston of legal services to the Board by the Office of the Ctty Attorney tn FY 2004 Council Lady Wtlson advtsed the tntttal agreement occurred durtng her servtce on the School Board The School Board was expendtng an tnordtnate amount re legal servtces Thts agreement has resulted tn tremendous savtngs Counctl Lady Wtlson comphmented the Ctty Attorney j~or thetr extraordtnary performance The Ctty Attorney advtsed Kamala H Lannettt, Assoctate Cay Attorney, attends all School Board meettngs ITEM # 51988 B Y CONSENSUS, thefollowtng shall compose the CONSENT AGENDA: RESOLUTIONS K1 Resolutton concurrtng wtth tssuance by the Industrial Development Authority of Mathews County, re a Revenue Bond not to exceed $5,000, O00 for the UJFT Community Campus, L.L.C. at I/Vttchduck and Grayson Roads K2 Resolutton referrtng to the Planntng Commtsston proposed amendments to '201 of the Ctty Zontng Ordtnance (CZO), re the parking of motor vehtcles on certatn porttons of restdenttal lots K3 Resolutton to AMEND the revtsed recommendattons of the Counctl Commtttee ehmtnattng Vtrgmta Beach restdency as a necesstty for ctttzen appotntments to Boards and Commtsstons ORDINANCES L1 Ordtnance to AMEND "35-139, 35-140, 35-143 1, 35-144, 35-162, 35-166, 35-187, 35-188, 35-192, 35-252, 35-253, 35-258, 35-260 and ADD "35-147, 35-168, and 35-194 of the City Code re assessment and collection of admission, meal, lodging, short-term rental and telecommunication service taxes. L2 Ordtnance to DECLARE EXCESS PROPERTY at the tntersectton of Princess Anne Road and North Landing Road and AUTHORIZE the Ctty Manager to convey thts property to Kellam & Eaton, Inc as part of a PROPERTY EXCHANGE (DISTRICT 7- PRINCESS ANNE) December 9, 2003 - 13- AGENDA RE VIEW SESSION ITEM # 51988 (Continued) L3 L4 L5 L6 L7 Ordinance to ACCEPT and APPROPRIATE $442,943from the U S Department of dusttce to the Pohce FY 2003-2004 Operatmg Budget re internal affairs software and database development, training and project evaluation. Ordinance to APPROPRIATE $380,000 anttctpated revenue from the State to the Pohce FY 2003-2004 Operating Budget re extradition of prisoners Ordtnance to ACCEPT and APPROPRIATE $49,991from the U S Department of Health and Human Services to the Ftre FY 2003-2004 operatmg budget re a part-nme program manager and assoctated equipment to tmttate a Medical Reserve Corps program Or&nances to ACCEPT and APPROPRIATE cash payments tn heu of park reservatton re "Park Playground Renovations": a Dam Neck Court Subdtvtston b White Acres Subdtvtston c Brtckle Estates Subdtvtston d Thoroughgood, Sectton 8, Part 4 Subdtvtston $ 9,915 $29,900 $20,000 $24,000 Ordtnance to APPROVE a Cooperative Agreement between the City Councd and the School Board re provtston of legal services to the Board by the Office of the City Attorney tn FY 2004 Item K 3 wdl be DEFERRED INDEFINITEL Y, BY CONSENT. December 9, 2003 -14- AGENDA RE VIEW SESSION ITEM # 51989 M5 Apphcatton of MARVIN M. and GA YLE B. ROLLINS for a Condtttonal Use Permit re alternative residential development at 480 Princess Anne Road, (DISTRICT 7 PRINCESS ANNE) Vtce Mayor Jones tnqutred relattve the staff recommendatton for Deferral Robert J Scott, Dtrector of Planmng, advtsed Deferral had been recommended to the Planmng Commtsston, re proposed tmprovements to the design plan Counctlman Reeve advtsed the apphcant referenced an extsttng house on Prtncess Anne Road and a proposed plan shows all the houses tn the back whtch would mean movtng thts extsttng house As thts house ts brtck, thts ts not feastble Development ts dtctated where the Health Department wtll allow septtc fields The apphcant ts a certified septtc tank tnstaller and by his tnvesttgatton wtll place the homes on the best sotl classtficatton ITEM # 51990 M 6 Apphcattons of KEMPSVILLE-CENTERVILLE ASSOCIATES, L.L.C. at 2001 Centervtlle Turnptke (DISTRICT 1 CENTER VILLE a MODIFICATION to a Conchttonal Use Permit (Approved by the Ctty Counctl February 11, 2003 b Change ofZomng Dtstrtct Classtficattonfrom R-5D Residential Duplex District to Conditional B-2 Community Business District c Condtttonal Use Permtt re mini-warehouse, Counctl Lady Eure, advtsed thts ttem was prevtously approved on February 11, 2003 Thts would brtng the apphcatton back up to 1,000 untts Thts item will be dtscussed durtng the Formal Sesston ITEM # 51991 M7 Apphcatton of HOLLIS ROAD ASSOCIATES, a Vtrgtnta General Partnershtp for a Change o_f Zontng Dtstrtct Classt_ficatton from R-10 Residential District to Conditional A-12 Apartment District at Herbert Moore Road and Campus Drive, subject to, (DISTRICT 2 KEMPSVILLE) Counctlman Dtezel referenced a ctttzen's e-marl whtch encompassed tssues bestdes thts apphcatton Counctl Lady Wtlson expressed chsappotntment relattve the lack of tnformatton concernmg the structures Thts ttem wtll be chscussed durtng the Formal Sesston December 9, 2003 - 15- ,4 GEND,4 RE VIE W SESSION ITEM # 51992 M 9 Apphcattons ofPUNGOINVESTORS, INC at Stowe Road and South Stowe Road (DISTRICT 7 PRINCESS ANNE) Petttton for a Variance to 3~ 4 4 (b) of the Subdtvtston Ordtnance that requtres all newly created lots meet all the requtrements of the Ctty Zontng Ordtnance (CZO) b Con&ttonal Use Permtt re alternative residential development Counctlman Reeve advtsed the staff recommendatton ts for DEFERRAL Their concern ts whether the destgn meets the tntent of the rural restdenttal gutdehnes There ts a large ptece that will be matntatned tn agrtcultural zontng These home sttes wtll sell tn excess of $500, 000, and wtll be constdered country estates These sttes wtll be destgned for the equestrtan marketplace Thts ts a 180-acre parcel comprtsed of etght (8) lots The staff had advised the current gutdehnes tn the Comprehenstve Plan were wrttten to encourage alternattve restdenttal development, not standard layouts such as the one proposed Mr Scott advtsed the large lots could not be subdtvtded tn the future The Condtttonal Use Permtt would have to be amended and the denstty may then be maxed out Mayor Oberndorf and Counctlman Schmtdt wtll vote NAY on these apphcattons ITEM # 51993 M 10 Apphcatton of MICHAEL CARRfor a Conchttonal Use Permtt re a recreational facility of an tndoor/ outdoor nature (skate park) and church at 5405 In&an Rtver Road (DISTRICT 1 CENTERVILLE) The Ctty Clerk advtsed speakers have regtstered relattve this apphcatton Counctl Lady Eure advtsed the restdents prefer thts apphcatton be DENIED This apphcatton wtll be dtscussed durtng the Formal Sesston December 9, 2003 -16- AGENDA RE VIEW SESSION ITEM it 51994 MI1 Apphcattons of ASHVILLE PARK, L.L.C. re Flanagan's Lane at Prtncess Anne Road (DISTRICT 7 PRINCESS ANNE) a The dtsconttnuance, closure and abandonment ofaportton of Flanagans Lane b Change ofZomngfrom AG-I and AG-2 Agrtcultural Dtstrtcts to Condtttonal PD-H2 Planned Untt Development Dtstrtct (R-30 and P-l) Petttton for a Variance to 3~ 4 4 (b) of the Subchvtston Ordtnance that requtres all newly created lots meet all the reqmrements of the Ctty Zontng Ordinance (CZO) at the tntersectton of Sandbrtdge Road Counctlman Reeve referenced correspondence of December 6, 2003, from Attorney R J Nutter, representtng the apphcant The apphcant has no objectton to a 60-day deferral (Februa~ 24, 2004) ITEM it 51995 M12 Apphcattons of ALCAR, L.L.C. on the north stde of Ntmmo Parkway (untmproved), west of Rockmgchatr Lane (DISTRICT 7- PRINCESS ANNE) a Change of Zontng Dtstrtct ClasstficattonfromAG-1 and AG-2 Agrtcultural Dtstrtcts to Condtttonal R-10 Restdenttal Dtstrtct b Concltttonal Use Permit for Open Space Counctlman Reeve requested thts apphcatton be DEFERRED for 60-days Counczl Lady Wtlson DISCLOSED Pursuant to Confltct of Interests Act 3~ 2 2-3115 (H) her husband ts a prmctpal tn the accounting firm of Goodman and Company and earns compensatton whtch exceeds $10,000 O0 annually Goodman and Company provtdes servtces to ALCAR, , L L Ctter husband does not personally provtde servtces to ALCAR, L L C The Ctty Attorney has advtsed that although she has a personal interest tn the transaction, because her husband does not personally provtde servtces to ALCAR, L L C, she mayparttctpate wtthout restrtctton tn Ctty Counctl's dtscusston of and vote on, the ordtnance, upon dtsclosure Counctl Lady Wtlson's letter of October 28, 2003, ts hereby made a part of the record December 9, 2003 -17- AGENDA RE VIEW SESSION ITEM # 51996 M 13 Apphcatton of CA E4LIER GOLF & Y,4 CHT CL UBfor a Con&ttonal Use Permtt re marina expansion from 77 to 92 shps at 1052 Cardinal Road (DISTRICT 5 - L YNNHA VEN Counctl Lady McClanan will vote NAY on thts item Councilman Schmtdt DISCLOSED and will ABSTAIN pursuant to Conflict of Interests Act 3q 2 23II5 (E) Councilman Schmtdt ts a member and shareholder of Cavaher Golf and Yacht Club Councilman Schmtdt's letter of December 9, 2003, ts hereby made a part of the record ITEM # 5199 7 M14 Or&nances of the Ctty of Vtrgtma Beach re Chesapeake Bay Preservatton Area Or&nance wtth apphcable conformtng references to renumber secttons Secttons 5 1 O, 6 1 and 6 3 of the Subchvtston Or&nance, Appendtx B of the Ctty Code b &te Plan Or&nance, Appendtx C of the Ctty Code re 3~ 1 6 of the Tree Planttng, Preservatton and Replacement Or&nance, Appendtx E of the Ctty Code Appen&x F of the Ctty Code re tdenttficatton and protectton of Resource Protectton Area buffers, destgnatton crtterta, land use, development performance crtterta and vartances e Estabhshtng TRANSITIONRULESfor amendments to Appendtx F f Sectton 2-452 1 of Chapter 2 of the Ctty Code re Boards, Commtsstons and Commtttees Counctl Lady Wdson referenced a ctttzen's concerns Counctl Lady Wtlson tnqmred relative the dtfference tn lots recorded prtor to October 1989 and those recorded after 1989 Robert Scott, Planmng Dtrector, advtsed lots recently developed, or not yet developed, wtll have to meet the requtrements of the Code relative the buffer The goal ts to try to get the Chesapeake Bay Preservatton Area Or&nance regulattons as close as posstble to those already tn effect Asststant Ctty Attorney Kay Wtlson advtsed there are dtfferent standards whtch would apply to the lot ttself As one goes further back tn ttme, the standards are less rtgtd, and as you come forward tn ttme, the standards become more rtgtd The standards are very rtgtd tn 2004 The apphcant must stay completely out of the 100-foot buffer Lots platted prtor to 1989, the standards are hberal December 9, 2003 - 18- ,4 GEND,4 RE VIE W SESSION ITEM # 51997 (Continued) Deputy Ctty Attorney Robert Macah advtsed the State lawprovtdes that locahttes must have local programs that comply wtth both the Chesapeake Bay Preservation Act and the regulattons promulgated by the Chesapeake Bay Local Asststance Board If the Ctty does not comply, the Chesapeake Bay Local Asststance Board would have an admtntstrattve proceedtng tn whtch the Ctty would be requtred to comply wtth those regulattons Eventually, the Ctty would go to court and be ordered to comply by a Judge Relative the nonconforming controversy, there ts a provision that states anytime the Chesapeake Bay Preservation Area Board grants permtsston to modify, enlarge or expand a nonconformtng use or structure, constructton must commence tn 12 months or the approval ts void That provtston was tn the ortgtnal Chesapeake Bay Ordtnance Thts provtston has been deleted At that time, the State Law (whtch controls local opttons) would have permttted that Stnce then, the law of vested rtghts has changed constderably and whtle thts ts sttll tn a state of''flux ", there ts a time hmtt beyond whtch, t fan apphcant has not started constructton, hts approval ts votd Thts provtston ts no longer enforceable There ts no ttme hmtt tn whtch an apphcant must start constructton The Chesapeake Bay Preservation Area Board hears appeals from admtntstrattve dectstons Once the Chesapeake Board decides a case, thcs may be appealed to the local Ctrcmt Court and from there to the Vtrgtnta Supreme Court ITEM # 51998 BY CONSENSUS, the followtng shall compose the CONSENT ,4GEND,4: MI M2 M3 Apphcatton of STEPHEN WRA Y O'NEAL for the expansion of a nonconformtng use re adding and constructtng a detached garage at 420 Davts Street (DISTRICT 2 - KEMPSVILLE Apphcattons of BERKSHIRE-HUDSON CAPITAL, XI, LLC re Change o_f Zontng Dtstrtct Classt_ficatton (DISTRICT 7 PRINCESS ANNE) From B-1 Netghborhood Bustness Dtstrtct, B-2 Comrnuntty Bustness Dtstrtct and A G-2 Agrtcultural Dtstrtct wtth Htstortc and Cultural Overlays to Condtttonal B-2 Communtty Bustness Dtstrtct with Htstortc and Cultural Overlays east of Prtncess Anne Road and North Landing Road From B-2 Community Business District with Historic and Cultural Overlays to ,4 G-2 ,4gricultural District with Historic and Cultural Overlays at Prtncess Anne Road and Courthouse Drtve Apphcatton of PHIL M. BONIF,4NT for a Condtttonal Use Permtt re a Country Inn at 2252 In&an Rtver Road, (DISTRICT 7 PRINCESS ANNE December 9, 2003 - 19- AGENDA RE VIEW SESSION ITEM ii 51998 (Continued) M4 Apphcatton of K. A.H. PROPERTIES, L.L.C for a Conchttonal Use Permtt re motor vehicle sales and service at 3112 Vtrgtnta Beach Boulevard (DISTRICT 5 - L YNNHA VEN) M5 Apphcatton of MARVIN M. and GAYLE B. ROLLINS for a Condtttonal Use Permtt re alternative residential development at 480 Prtncess Anne Road, (DISTRICT 7 PRINCESS ANNE) M 9 Apphcattons ofPUNGOINVESTORS, INC at Stowe Road and South Stowe Road (DISTRICT 7 PRINCESS ANNE) Petttton for a Variance to ~ 4 4 (b) of the Subchvtston Ordtnance that requtres all newly created lots meet all the requtrements of the Ctty Zontng Ordtnance (CZO) b Condtttonal Use Permtt re alternative residential development Mll Apphcattons of ASHVILLE PARK, L.L.C. re Flanagan's Lane at Prtncess Anne Road (DISTRICT 7 PRINCESS ANNE) a The dtsconttnuance, closure and abandonment ofa portton of Flanagans Lane b Change of Zomngfrom AG-1 and AG-2 Agricultural Districts to Condtttonal PD-H2 Planned Unit Development Dtstrtct (R-30 and P-l) Petttton for a Variance to 3q 4 4 (b) of the Subchvtston Ordtnance that requtres all newly created lots meet all the requtrements of the City Zonmg Ordmance (CZO) at the mtersectton of Sandbrtdge Road M12 Apphcattons of ALCAR, L.L.C. on the north stde of Ntmmo Parkway (ummproved), west of Rocktngchatr Lane (DISTRICT 7- PRINCESS ANNE) a Change of Zontng Dtstrtct Classtficattonfrom AG-1 andAG-2 Agrtcultural Dtstrtcts to Condtttonal R-10 Restdenttal District b Condtttonal Use Permttfor Open Space December 9, 2003 - 20- AGENDA RE VIEW SESSION ITEM # 51998 (Continued) Relattve Item M 2 (Berkshtre-Hudson Capttal, XI, LLC), Vtce Mayor Jones DISCLOSED Pursuant to Confltct of Interests Act 3~ 2 2-3115 (H) he ts owner and prestdent of Holloman-Brown Funeral Home, Inc , and Holloman-Brown has entered tnto a contract to sell to Berkshtre-Hudson a parcel of property located at the mtersectton of Independence Boulevard and Salem Road The Ctty Attorney has advised that thts purchase ts unrelated and wtll not be affected by, Berkshtre-Hudson 's apphcatton wtth respect to the Kellam and Eaton property Vice Mayor Jones does not have a personal mterest tn the transactton mvolvtng Berkshtre-Hudson Capttal XI, L L C's apphcatton for a change of zonmg and may parttctpate and vote on thts transactton Correspondence of December 2, 2003, ts hereby made a part of the record Mayor Oberndorf and Counctlman Schmtdt will vote NAY on Item M 9 (PUNGO INVESTORS, INC ) Items 11 (ASHVILLE PARK, LLC) and 12 (ALCAR, L L C) wtll be DEFERRED, B Y CONSENT, unttl the City Counctl Session of February 24, 2003 Counctl Lady Wdson DISCLOSED Pursuant to Confltct of Interests Act 3~ 2 2-3115 (H) her husband ts a prtnctpal tn the accounttng firm of Goodman and Company and earns compensatton whtch exceeds $10,000 O0 annually Goodman and Companyprovtdes servtces to ALCAR, , L L C (Item 9) Her husband does not personally provtde services to ALCAR, L L C The Ctty Attorney has advtsed that although she has a personal tnterest tn the transactton, because her husband does not personally provtde services to ALCAR, L L C, she may parttctpate wtthout restrtctton tn Ctty Counctl's dtscusston of and vote on, the ordmance, upon dtsclosure Counctl Lady Wtlson's letter of October 28, 2003, ts hereby made apart of the record December 9, 2003 - 21 - CITY COUNCIL COMMENTS 4:15 P.M. ITEM # 51999 Mayor Oberndorf advtsed the Ctty Counctl Agenda for December 9, 2003, encompassed two volumes This ts the first time tn the Ctty Clerk's twenty-five years, the agenda volume requtred two btnders ITEM # 52000 Counctlman Maddox chstrtbuted tnformatton relattve the proposed First Annual Military Appreciation Weekend, ".4 Salute to our Service Men/Women their families, who have served tn action Afghantstan/Iraqz" Counctlman Maddox advtsed representattves tn attendance Ira M. Agricola Senior Vice President Hampton Roads Chamber of Commerce Maryellen Baldwin Executive Director Navy League Hampton Roads Jeff Hill President USO Hampton Roads The Untted States Navy, local and Nattonal USO, Navy League of the Untted States, Hampton Roads, Hampton Roads Chamber of Commerce, the Vtrgtnta Beach Hotel/Motel Assoctatton, as well as many others are supportive of thts Virginia Beach MilitaryAppreciation Weekend Hopefully, thts wtll be the begtnntng of an annual event on the Fourth of July All events would be free of charge to all acttve mthtary and career rettrees The idea would be to mtegrate tnto the already scheduled Fourth of July entertainment, creattng a theme event PROGRAMMING PROJECTED SCHEDULED Friday July 2, 2004 7:00 P.M. - 12:30 A.M. (CLASSIC) 7 O0 P M USO Show Troop Ltberty Bells &Amertcan Sptrtt 8 O0 P M VIP~Sponsor Party BALL ROOM (TBA) Amertcan Sptrtt 9 O0 P M - 12 30 A M Concert Classtc Rock Tom Petty, Pat Bentar, Doobtes, Lynrd Skynrd, REO, Hall & Oates Saturday, July 3, 2004 5:00 P.M. - 12:30 A.M. (TRADITIONAL BOB HOPE SHOW) Master of Ceremomes and Performer 500PM - 600PM 6 30PM - 7 30PM 800PM - 900PM 930PM -1230AM Jay Leon, Jerry Setnfield Mtss Universe- USA OR Teen USA Dallas Cowboy Cheerleaders Trace Adktns Lee Ann Womack Jay Leno or Jerry Setnfteld, Jeff Foxworthy Celebrtty Guest NFL, NBA, Wayne Newton December 9, 2003 - 22 - CITY COUNCIL COMMENTS ITEM # 52000 (Continued) Sunday, July 4 2004 1:30 P.M. - 6:00 P.M (Major Headliner) 1 30PM-230PM 3 00PM-4 OOPM 4 30PM - 600PM Ltberty Bells and Amertcan Sptrtt Sara Evans a Brooks & Dunn, Marttna McBrtde, Alabama, Rascal Flatts Celebrtty Guest - TBA b Modern Rock, No Doubt, Sheryl Crow, Tratn, Ptnk, Matchbox 20 Counctlman Maddox advtsed there would also be fireworks and theme entertatnment stages at the 17th and 24th Street stages The dtstrtbuted tnformatton contatns letters of support from the USO, Navy League of Hampton Road, Vtrgtnta Beach Hotel/Motel Assoctatton, the Cavaher Hotel, Hampton Roads Chamber of Commerce and the most exctttng correspondence from RearAdmtral S A Turcotte, U S Navy, Commander- Navy Regton Mtd-Atlanttc Military Appreciation Weekend Expenditures Friday (Entertainment including production) Saturday (Entertainment including production) Sunday (Entertainment including production) Hero's Families Marketing $ 153,000.00 $ 256,300.00 $ 367,400.00 $ 5o, ooo. oo $ lOO, OOO. oo $ 946,700.00 Income Municipal Sponsorship (TAP Fund) Corporate Sponsorship Navy League Corporate Sponsorship USO Admissions Friday Saturday Sunday Hotel Room surcharge Beverage Sales Net 2000 @ $20.00 35OO@$3O. OO 6500 @ $3O. OO 2500 @ $50.00 $ 200,000.00 $ 150,000.00 $ 75, ooo. oo 4o, ooo. oo 105,000.00 195,000.00 125,000.00 75,000.00 965,000.00 Counctlman Maddox requested Ctty Counctl constder whether thts concept has mertt and suggested an Event Commtttee be formulated conststtng of representattves from the Untted States Navy, USO, Navy League, Beach Events, Whtsper Entertatnment and the resort communtty to revtew the feastbthty of ~naktng thts event occur There are still logtsttc concerns relative markettng, satelhteparktng opttons and dtatogutng wtth the hotel communtty relattve dtscounts December 9, 2003 - 23 - CITY COUNCIL COMMENTS ITEM # 52000 (Continued) Ira M Agrtcola, Sentor Vtce Prestdent- Hampton Roads Chamber of Commerce, advtsed the USO, Navy League and Chamber are proud to support thts event recogntztng mthtary servtce members and their famthes Thts event wtll enhance the tmage of Vtrgtnta Beach as a family vacation destination Mr Agrtcola commttted to worktng on thts project wtth the Ctty to see tt through to fruttton Mr Agrtola advtsed approxtmately $250,000 will be sohctted tn national sponsorshtps Mayor Oberndorf advtsed the Ctty provtdes the Navy League $10,000 to $25,000 per ship commtsstontng Mayor Oberndorf advtsed thts City ts known for supporttng the Navy Counctlman Maddox advtsed ratn tnsurance could be purchased, however an tndoor venue (Rockwell Halo has been secured whtch accommodates 5, 000 tndtvtduals tn the event of ratn Counctl Lady Wtlson advtsed her wtlhngness to parttctpate as a member of thts proposed Event Commtttee Maryellen Baldwtn, Executtve Dtrector, Navy League Hampton Roads, advtsed the USS Vtrgtnta wtll be commtsstoned around the Fourth of July Thts ts betng recogmzed as a semor event to recogntze famthes who have had loved ones lost tn actton tn Afghamstan/Iraqt These famdtes, representatton from each one of the branch of the servtces, wtll be brought to the Ctty "free of charge" Counctlman Maddox beheved the vast majortty of the revenue would come from ttcket sales and $250,000 would be ratsed from sponsorshtp Jeffrey M Htll, Prestdent and Chtef Executtve Officer, USO of Hampton Roads, advtsed the Vtrgmta Beach Military Appreciation Weekend would be a great opportumty to partner wtth the Ctty of Vtrgtnta Beach to brtng a fun-filled weekend of mustc and mthtary games for the Mtlttary tn the Hampton Roads area Two (2) of the Sentor Vtce Presidents of USO of Hampton Roads were very impressed wtth thts concept All branches of the Mthtary are tnvolved The Coast Guard, also representattve of Homeland Defense, ts a very tmportant representattve There has not been an event of thts stze and scope tn the Untted States Counctlman Maddox wtll tnqutre relattve the hotel/motel rooms betngprovtded gratts to the affected famthes of the Afghanistan/Iraqi War No funds involved tn the $200,000, would be taken from the Ctty's General Fund James Rtcketts, Dtrector- Conventton and Vtsttors Bureau, advtsed hts whole emphasts ts on the new Conventton Center, markettng and sales, therefore, wtll not take the funds from extsttngprograms $300,000 ts annually set astde for emergenctes The funds for the Military Appreciation Weekend wtll be dertved from thts fund rather than cutttng Tourtsm Adverttstng or Conventton Sales Thts event would be supported relattve pubhc relattons from the extsttng adverttstng budget Counctl Lady McClanan beheved the potenttal for maktng money ts greater on another weekend Counctl Lady McClanan requested clartficatton relattve total cost to the Ctty Mr Maddox does not beheve the prtmary objecttve ts to ratse funds A stgntficant portton of the hotel tndustry ts wtlhng to dtscount their rooms and that ts a powerful statement Mayor Oberndorf advtsed thts Ctty Counctl has always supported the Navy December 9, 2003 - 24- CITY COUNCIL COMMENTS ITEM # 52000 (Continued) If the Ctty Counctl chooses to pursue thts Event, the City Manager advtsed a team ts tn place composed of Pohce, Pubhc Works, and Parks and Recreation, to work wtth the various organtzattons ITEM # 52001 Counctlman Schmtdt referenced correspondence from the Ctty Manager and Ctndy Curtts, Dtrector of Parktng and Recreatton, regardtng the operatton, management, and matntenance of the Lynnhaven Boat Ramp and Beach Facility. The Ctty Manager recommended the overstght of the facthty remain a function under Parks and Recreattonjust the way other boat ramps, parktng operattons and park facthttes tn the Ctty are currently betng managed The Ctty beheves thts ts the most effictent and effecttve way to operate thts first-class facthty for the ctttzens of Vtrgtnta Beach Counctlman Schmtdt expressed concern relattve a substdtzed facthty compettng wtth the prtvate sector The facthty charges 'half the rate charge of the pubhc sector Counctlman Schmtdt requested addtttonal tnformatton Councilman Wood concurred, was dtsappotnted wtth the survey and requested more detatled tnformatton Vtce Mayor Jones cauttoned relative changing the operatton of the heavtly used Lynnhaven Boat Ramp and Beach Facthty The Ctty Manager shall provtde detads concermng a posstble ttme hmtt relattve paytng 50% less of the fee charged for the Boat Ramp, tf the restdent possessed a salt water fishtng hcense Mayor Oberndorf advtsed the fishermen waited over twenty (20) years for this Boat Ramp Because of the spotl stte, the Ctty finally had the opportuntty to butld the Lynnhaven Boat Ramp and Beach Facility. ITEM # 52002 Mayor Oberndorf congratulated the courageous men and women of the Ftre Department who fought the horrendous Chesapeake Beach fire from 12 30 A M unttl dawn on December 8, 2003 Mayor Oberndorf and Vtce Mayor Jones were present tn the mormng hours and were tmpressed by the professtonahsm demonstrated Chtef Wade was professtonal tn relaytng tnformatton to the medta Not one hfe was lost and there were only two (2) mtnor tnjurtes (both of whtch were treated and released) The Volunteer Ftre Department was alsopresent The Ctvtc League Prestdent was tn attendance to respond to the needs of those affected ITEM # 52003 Wtth reference to the Ctty Manager's letter tn the Frtday package, Counctl Lady McClanan expressed concern relattve changes to the front of the Ctty Hall (Butldtng No 1) and was not tn favor She preferred the butldtng rematn archttecturally the same Mayor Oberndorf tnqutred relattve the posstbthty of conttnmng accesstng the handtcapped entrance from the stde of the butldtng The Ctty Manager advtsed this encompasses a part of the tssue of butldtng securtty and handtcapped access Thts tssue has been revtewed by the Htstortcal Revtew Board The Ctty Manager shall provtde a Brtefing to Ctty Councd December 9, 2003 - 25 - CITY COUNCIL COMMENTS ITEM # 52004 Counctl Lady Eure requested the Ctty Counctls' chatrs tn the Conference Room be changed Counctl Lady McClanan advtsed Counctl Members should be allowed to help choose the chatrs prtor to purchase The Ctty Manager advtsed a Commtttee had chosen the current chatrs ITEM # 52005 Counctlman Dtezel referenced the Holiday Train Show More than ten years ago, Ftre Captatn/Paramedtc Denms Keane and Captatn Keene Black thought ora way to share thetr love of tratns wtth others durtng the Hohday Season Ftre Statton #10 on Providence Road tn Kempsvtlleplayed host to thts &splay of tratns that exctted old and young ahke Parking has become a major tssue and Station #10 ts currently betng used to house all the FEMA equtpment The final tratn show ts betng held from December 7 to December 13, 2003 Counctlman Dtezel advtsed although Norfolk Zoo has tnchcated a wish to accommodate this Train Show, he hopes to find a butlchng an dsponsor tn Vtrgtnta Beach ITEM # 52006 The Ctty Manager mtroduced Charles Meyer, Chief Operating Officer, effective December 1, 2003 After a nattonwtde search, Charles was chosen from among 100 can&dates tofill thts vttalposttton tn leadershtp Stnce 1993, Charles has been the Ctty Manager tn St Louts Park, Mtnnesota, a suburb of Mtnneapohs DINNER: 5:20 P.M. RECESS TO CLOSED SESSION AFTER THE FORMAL SESSION. December 9, 2003 - 26- FORMAL SESSION VIRGINIA B EA CH CITY CO UNCIL December 9, 2003 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Council Chamber, Ctty Hall Butldtng, on Tuesday, December 9, 2003, at 6 O0 P M Counctl Members' Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor MeyeraE Oberndorf, dtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members' Absent Ron A Vtllanueva [Personal~Business Trtp to Phthpptnes] INVOCATION: Reverend Joe Warren Abundant Harvest Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA December 9, 2003 -27- Item V-F. 1. MINUTES ITEM # 52007 Upon motion by Counctlman Schmtdt, seconded by Counctlman Reeve, Ctty Council APPROVED the Mtnutes of the INFORMAL and FORMAL SESSIONS of December 2, 2003. 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, Jtm Reeve, Peter W Schmtdt, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Ron A Vtllanueva December 9, 2003 - 28 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM it 52008 BY CONSENSUS, City Councd ADOPTED: AGENDA FOR THE FORMAL SESSION December 9, 2003 - 29- Item V-G.I. MA YOR 'S ANNOUNCEMENT ITEM tt 52009 Mayor Oberndorf tntroduced the Boy Scout tn attendance to earn his Ctttzenshtp tn the Commumty Mertt Badge BOY SCOUT TROOP 402 Alex Meers December 9, 2003 - 30- Item V-H. 1. PRESENT,4 TION ITEM # 52010 The Presentation of the Government Finance Officers ,4ssociation (GFO,4) ,4ward to the Department of Management Services shall be RESCHEDULED unttl the Ctty Councd Sesston of January 6, 2003 December 9, 2003 - 31 - Item V-I. 1. PUBLIC HEARING ITEM # 52011 Mayor Oberndorf DECLARED ,4 PUBLIC HEARING EXCESS PROPERTY at North Landing Road and Princess Anne Road Thomas Kletn, 222 Central Park Avenue, Phone 687-7789, represented the apphcant There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING December 9, 2003 - 32 - Item V-K/L. RES OL UTIONS/ORDINANCES ITEM # 52012 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl APPROVED IN ONE MOTIONResoluttons 1, 2, and 3 (Deferred) and Ordmances 1.2, 3, 4, 5, 6a/b/c/d and 7 of the CONSENT AGENDA. Item 3 was DEFERRED INDEFINITEL Y, B Y CONSENT Vottng 10-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, 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 9, 2003 Item V-K. 1. RESOLUTIONS - 33 - ITEM # 52013 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED: Resolutton concurrtng wtth tssuance by the Industrial Development Authority of Mathews County, re a Revenue Bond not to exceed $5,000, O00 for the UJFT Community Campus, L.L.C. at Wttchduck and Grayson Roads Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, 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 9, 2003 A RESOLUTION CONCURRING WITH THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF MATHEWS COUNTY, VIRGINIA, OF A REVENUE BOND IN AN AMOUNT NOT TO EXCEED $5,000,000 FOR THE UJFT COMMUNITY CAMPUS, L L C WHEREAS, there has been described to the City of Virginia Beach Development Authority (the "VBDA") the plans of UJFT Community Campus, L L C, a Virginia non-stock, non-profit corporation (the "Company") the principal business address of which IS 5041 Corporate Woods Drive, Suite 150, Virginia Beach, Vlrgima 23462, for the issuance by the Industrial Development Authority of Mathews County, Virginia (the "Mathews Authority"), of its revenue bond in an amount not to exceed $5,000,000 to assist the Company in financing a campus complex to be located on an approximately 20 acre parcel east of the intersection of Wltchduck and Grayson Roads in Virginia Beach, Vlrglma, to provide facilities for educational, social and recreational activities, including an approximately 126,000 square foot two-story building and outdoor recreational facilities to be owned by the Company (the "Project"), and used by the Tidewater Jewish Foundation, the Hebrew Academy of Tidewater, Jewish Family Services of Tidewater, the Jewish Community Center of Southampton Roads and the United Jewish Federation of Tidewater. The proceeds of the bond will also finance the cost of issuing the bond, and WHEREAS, the above facilities will be owned by the Company and will be located in Virginia Beach, Virginia, and WHEREAS, a public hearing with respect to the bond as required by Virginia law and the Internal Revenue Code of 1986, as amended (the "Code"), was held by the VBDA on November 20, 2003, and WHEREAS, the Mathews Authority also held a public hearing with respect to its bond on October 22, 2003, and adopted an approving resolution (the "Mathews Authority Resolution") with respect to the bond on that date, and WHEREAS, the VBDA has adopted a resolution recommending that the City Council of the City of Virginia Beach (the "Council") concur with the Mathews Authority Resolution, and WHEREAS, § 15.2-4905 of the Code of Virginia of 1950, as amended (the "Virginia Code"), provides that the Council must concur with the adoption of the Mathews Authority Resolution prior to the issuance of the bond, and WHEREAS, the Code, provides that the highest elected governmental officials of the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of a private activity bond is located shall approve the issuance of such bond, and WHEREAS, the property is located in the City of Virginia Beach and the members of the Council constitute the highest elected governmental officials of the City of Virginia Beach, and WHEREAS, a copy of the Mathews Authority Resolution, the VBDA's resolution and a statement in the form prescribed by § 15 2-4907 of the Virginia Code have been filed with the Council NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH I The Council concurs with the adoption of the Mathews Authority Resolution and approves the issuance of its bond by the Mathews Authority to the extent required by the Code and § 15 2-4905 of the Virginia Code 2 The concurrence with the Mathews Authority Resolution, and the approval of the issuance of the bond, as required by the Code and § 15.2-4906 of Vlrg~ma Code, does not constitute an endorsement to a prospective purchaser of the bond of the creditworthiness of the Company and the bond shall provide that the C~ty of Virginia Beach shall not be obhgated to pay the bond or the interest thereon or other costs incident thereto and neither the froth or credit nor the taxing power of the Commonwealth of Virginia or the C~ty of V~rg]ma Beach shall be pledged thereto 3 Th~s resoluuon shall take effect ~mmed]ately upon its adopt]on Adopted by the Council of the C~ty of Vlrglma Beach, V~rg]ma on the 9 day of De ceaal;~-r.--, 2003 R-1 CA9045 I 1/26/03 F \Data\ATY\Forms\DEVAUTH\BOND\WORK\ca9045 les doc VIRGINIA BEACH % smsa Beach Development Author ~ty 222 Central Park Avenue, Suite 1000 V~rg~ma Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Web,rte www vbgov corn November 20, 2003 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re UJFT Commumty Campus, L L C ProJect, Ser~es 2003 Industrial Development Revenue Bonds Dear Mayor Oberndorf and Members of City Council' We submit the following in connection with project UJFT Community Campus, L L.C located at Wgchduck and Grayson Roads m the City Virginia Beach, Virginia. (1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authonty's (the "Authority") resolution recommending Council's approval is attached as Exhibit C (2) The Disclosure Statement is attached as Exhibit D (3) The statement of the Authorlty's reasons for its approval as a benefit for the City of V~rglma Beach and its recommendation that City Council approve the concurrence of the bonds described above is attached as Exhibit E. (4) The Fiscal Impact Statement is attached as Exhibit F. (5) Attached as Exhibit G is a summary sheet setting forth the type of ~ssue, and ~dent~fying the ProJect and the pnnc~pals. (6) Attached as Exhibit H ~s a letter from the appropriate City department commenting on the Project Very truly yours, RGJ/VTV/rab Enclosures Arro~shead .~ COUNSELMA~ Kempsvdle Meadows GC 2 DUNOERDALE CT 3 AMBO¥ CT 4 ASHFORTH CT ,5 CLAIRMONT CT C B N Unwerstt / Brandon PROJECT NAME PROJECT LOCATION: TYPE OF PROJECT: UJFT Community Campus, L.L.C. Revenue Bond Intersection of Witchduck and Grayson Roads Virginia Beach, VA Facilities for educational, social and recreational activities EXHIBIT A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Virginian-Pilot KAUFMAN & CANOLES, P.C 150 W MAIN ST NORFOLK VA 23510 REFERENCE: 10236406 836191v3 10820060 NOTICE OF PUBLIC HEA State of Virginia City of Norfolk This day, D. Johnson personally appeared before me and after being duly sworn, made oath that 1) She is affidavit clerk of The Virginian-Pilot, a newspaper published by Landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and V~rginia Beach, Common- wealth of Virginia and in the state of North Carolina 2)That the advertisement hereto annexed has been published in said newspaper on the date stated. PUBLISHED ON. 11/06 11/13 TOTAL COST- 662 69 AD SPACE 94 LINE f' ! ' FILED ON: 11/14/03.~ i . ~ ,,, ~ · "',~',-, ............ Legal Affiant. l.x ', ~ "' Sub~~ to be~ re~ ~_~~ and state on the day and year a fore~i~ ~~~r: . Notar~.'~_~_~~y'___V~ ~ ~~ml~ion~explr~s January 31, 2004 NOTICE OF PUBLIC HEARING 'JO BE HELD B; THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR THE BENEFIT OF UJFT COMMUNITY CAMPUS L L C Notme ~s hereby g~ven that the Qty of Virginia Beach Development Authority (the Virglma Beach Authority), whose address ~s 222 Central Pank Avenue, Suite 1000, V~rg~nla Beach, V~rg~ma 23462, wdl hold a pubhc hearing on the plan of financing of UJFT Commumty Campus, L L C, a Virginia non stock, non-profit corporation (the Company), the principal business address of which is 5041 Corporate Woods Drive, Suite 150, Virgima Beach, V~rg~ma 23462, for the issuance by the Industrial Development Authority of Mathews County, Virginia (the Mathews Authority) of its revenue bond in an amount not to exceed $5,000 000 to assist the Company ~n financing a campus complex to be located on an approximately 20 acre parcel east of the intersection of W~tchduck and Grayson Roads ~n V~rg~ma Beach, V~rgm~a and near Wg~nla Beach Free Will Baptist Chumh, to prowde faclhbes for educa tmnal, social and recreational actlwt~es, ~nclud~ng an approxlmateiy 126,000 square foot two-story budding and outdoor recreational faclll ties to be owned by the Company (the Project), and used by the T~de water Jewish Foundation, the Hebrew Academy of Tidewater, Jewish Family Services of Tidewater, the Jewish Commumty Center of Southampton Roads and the Umted Jewish Federation of Tidewater The proceeds of the bonds w~ll also finance the cost of ~ssmng the bonds The pubhc heanng, which may be continued or adjourned, will be held at 2 O0 p m on November 20, 2003, before the Virg~ma Beach Authority at ~ts offices located at 222 Central Park Avenue, State 1000, V~rgm~a Beach, V~rgm~a 23462 Any person ~nterested in the ~ssuance of the bonds should appear and be heard Any person who ~s disabled and will reclu~re an accommedat~on ~n order to pa~lCi pate m the pubhc heanng may call the V~rg~ma Beach Authonty at 437~;464 Please place such call at least three (3) days ~n advance of the meeting and public heanng The bonds wdl not constitute a debt or pledge of the froth and credit of the Commonwealth of Virgmm or any poht~cal subdivision thereof including the V~rg~ma Beach Authority NeKher the Commonwealth of V~rg~ma nor any pohbcal subdivision thereof ~ncludmg the Virglma Beach Authority, shaII be obhgated to pay the bonds, or the interest thereon, or other costs incident thereto, except from the revenues and momes pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of V~r g~nla nor any poht~cal subdivision thereof, including the V~rgmm Beach Authority, wdl be pledged to the payment of the pnnmpal of or interest on such bonds or other costs incident thereto CITY OF VIRGINIA 9F.~CH DEVELOPMENT ~UTHORITY VP No~ember 6 ard November ].3 200.4 J0820060 EXHIBIT B NOTICE OF PUBLIC HEARING TO BE HELD BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR THE BENEFIT OF UJFT COMMUNITY CAMPUS, L L C Notice IS hereby given that the City of Virginia Beach Development Authority (the Virginia Beach Authority), whose address is 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462, will hold a public heanng on the plan of financing of UJFT Community Campus, L L.C., a Virginia non-stock, non-profit corporation (the Company), the principal bus~ness address of which is 5041 Corporate Woods Drive, State 150, Virginia Beach, Virginia 23462, for the ~ssuance by the Industrial Development Authority of Mathews County, Virginia (the Mathews Authority) of Its revenue bond In an amount not to exceed $5,000,000 to assist the Company in financing a campus complex to be located on an approximately 20 acre parcel east of the intersection of Witchduck and Grayson Roads in Vlrgima Beach, Vxrginia, and near Virginia Beach Free Will Baptist Church, to provide facilities for educational, social and recreational activities, including an approximately 126,000 square foot two-story building and outdoor recreational facilities to be owned by the Company (the ProJect), and used by the Tidewater Jewish Foundation, the Hebrew Academy of Tidewater, Jewish Family Services of Tidewater, the Jewish Community Center of Southampton Roads and the United Jewish Federation of Tidewater The proceeds of the bonds will also finance the cost of issuing the bonds The public hearing, which may be continued or adjourned, will be held at 2 00 p.m. on November 20, 2003, before the Vlrgima Beach Authority at 1ts offices located at 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462. Any person interested in the issuance of the bonds should appear and be heard Any person who is disabled and will require an accommodation In order to participate In the public hearing may call the Virginia Beach Authority at 437-6464 Please place such call at least three (3) days in advance of the meeting and public heanng. The bonds will not constitute a debt or pledge of the faith and credit of the Commonwealth of Vlrglma or any political subdivision thereof, including the Virginia Beach Authority. Neither the Commonwealth of V~rginla nor any political subdivision thereof, including the Virginia Beach Authority, shall be obhgated to pay the bonds, or the interest thereon, or other costs Incident thereto, except from the revenues and monies pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof, including the Virginia Beach Authority, will be pledged to the payment of the pnncipal of or ~nterest on such bonds or other costs incident thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY To be published in The Virginian Pilot on Thursday~ November 6~ 2003~ and Thursday~ November 13~ 2003 #868148 vl EXHIBIT C CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (UJFT COMMUNITY CAMPUS, L L C REVENUE BOND) At 2 00 p.m on November 20, 2003, the Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public heanng on the request of UJFT Community Campus, L.L.C, a Virginia non-stock corporation ("UJFT"), and that a notice of public hearing was published once a week for two consecutive weeks in The Virginian-Pilot, the second publication being not less than SlX (6) days nor more than twenty-one (21) days prior to the hearing. The Chairman indicated that a copy of the notice and a certificate of publication of such notice have been or will be filed with the records of the Authority and will be provided to the Clerk of the City Council of the City of Virginia Beach. The following individual appeared and addressed the Authority: Mr. George Consolvo appeared on behalf of UJFT. Mr. Consolvo described the revenue bond of UJFT which is utIhzed to finance the construction of a campus complex to be located on an approximately 20 acre parcel east of the intersection of WItchduck and Grayson Roads In Virginia Beach, Virginia, to provide facilities for educational, social and recreational activities, including an approximately 126,000 square foot two-story building and outdoor recreational facilities to be owned by the UJFT, and used by the Tidewater Jewish Foundation, the Hebrew Academy of Tidewater, Jewish Family Services of Tidewater, the Jewish Community Center of Southampton Roads and the United Jewish Federation of Tidewater. Mr Consolvo further added that it is necessary under federal and Virginia law that the Authority hold a public heanng and that the issuance of the Bond by the Industrial Development Authority of Mathews County, Virginia, be approved by the City Council of the City of Virginia Beach. Mr. Consolvo closed his remarks by noting that the presence of the campus complex will enhance educational, social and recreational activities in Virginia Beach. The Authority then adopted a resolution (a) recommending that the Council of the City of Virginia Beach approve the issuance of the Bond in an amount up to $5,000,000, (b) directing the transmission of a Fiscal Impact Statement w~th respect to the Bond to the Council of the City of Virginia Beach and (c) requesting that its recommendation be received at the next regular or special meeting at which this matter can be properly placed on the Council's agenda for heanng. #868149 vl EXHIBIT D RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, there has been described to the City of Virginia Beach Development Authority (the Authority) the plans of UJFT Community Campus, L.L.C., a Virginia non-stock, non-profit corporation (the Company) the principal business address of which is 5041 Corporate Woods Drive, Suite 150, Virginia Beach, Virginia 23462, for the issuance by the Industrial Development Authority of Mathews County, Virginia (the Mathews Authority), of its revenue bond in an amount not to exceed $5,000,000, to assist the Company in financing a campus complex to be located on an approximately 20 acre parcel east of the intersection of Witchduck and Grayson Roads in Virginia Beach, Virginia, to provide facilities for educational, social and recreational activities, including an approximately 126,000 square foot two-story building and outdoor recreational facilities to be owned by the Company (the ProJect), and used by the Tidewater Jewish Foundation, the Hebrew Academy of Tidewater, Jewish Family Services of Tidewater, the Jewish Community Center of Southampton Roads and the United Jewish Federation of Tidewater The proceeds of the bond will also finance the cost of ISSuing the bond; and WHEREAS, the above facilities will be owned by the Company and will be located in Virginia Beach, Virginia; and WHEREAS, a public hearing with respect to the bond as required by Virginia law and the Internal Revenue Code of 1986, as amended (the Code), was held by the Authority on November 20, 2003, WHEREAS, the Mathews Authority also held a public heanng with respect to its bond on October 22, 2003, and adopted an approving resolution (the Authority Resolution) with respect to the bond on that date; and WHEREAS, the Company has elected to proceed with a plan of finance pursuant to which the bond will be privately placed with Bank of America, N A. (the Lender), for its own account and for investment purposes; and WHEREAS, the Company in its appearance before the Authority has described the debt service cost savings relating to the issuance of the bond as a qualified tax-exempt obligation within the meaning of §265(b)(3) of the Code and the social, educational, recreational and other benefits to the City of Virginia Beach to be derived from the issuance of the bond to finance the ProJect; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1 It 1s hereby found and determined that the issuance of the bond will benefit the inhabitants of the City of Virginia Beach and promote their safety, health, welfare, convenience and prosperity 2 To assist the Company, the Authority hereby recommends that the C~ty Council of the C~ty of V~rg~ma Beach, Vlrglma (the Councd), concur with the Approving Resolution, the form of which has been presented at this meeting, as reqmred by § 15.2-4905 of the Code of Vlrglma of 1950, as amended (the Vlrglma Code), and hereby directs the Chairman or Vice Chmrman of the Authority to submit to the Council the statement in the form prescribed by §15.2-4907 of the Vlrglma Code, a reasonably detmled summary of the comments expressed at the pubhc heanng held by the Authority pursuant to § 15.2-4906 of the V~rg~ma Code, and a copy of this resolution 3 All costs and expenses in connection w~th the financing plan shall be prod from the proceeds of the bond to the extent permitted by law or from funds of the Company and the Authority shall have no respons~bihty therefor. 4. All acts of the officers of the Authority which are ~n conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the bond are hereby approved and confirmed 5. Th~s resolution shall take effect immediately upon 1ts adoption. The undersigned hereby certffies that the above resolution was duly adopted by a roll call vote of the commissioners of the City of V~rg~ma Beach Development Authority at a meeting duly called and held on November 20, 2003, and that such resolution ~s ~n full force and effect on the date hereof $ Dated' ~0V 0, C) ,200~ Secretary, C~ty of V~rg~ma B~ach Development Authority #868123 vi EXHIBIT E DISCLOSURE STATEMENT Date: November 20, 2003 Applicant's Name(s): UJFT Community Campus, L.L.C. All Owners (if different from applicant): N/A Type of Application: Rezoning: From To Conditional Use Penmt: Street Closure: Subdiwsion Variance: Other: Revenue Bond issued through the Industrial Development Authority of Mathews County, Virginia The following is to be completed by or for the Applicant: 1. If the applicant is a CORPORATION, list all the officers of the Corporation: See attached schedule. , If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, hst all members or partners in the organization: N/A The following lS to be completed by or for the Owner (if different from the applicant) 1. If the Owner ~s a CORPORATION, hst all the officers of the Corporation: N/A , If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners ~n the organization: N/A UJFT COMMUNITY CAMPUS, L.L.C. Its: / Z...-'"'/ ~'fi~ Cc ( o~ VIRGINIA BEACH Vu gm ta Beach Development Autho~ ~ty 222 Central Park Avenue, Suite 1000 V~rg~ma Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Webstte www vbgov corn EXHIBIT F INDUSTRIAL DEVELOPMENT AUTHORITY OF MATHEWS COUNTY, VA UJFT COMMUNITY CAMPUS, L.L C REVENUE BOND The Authority recommends approval of the captioned finanmng The finanmng will benefit the mt~zens of the C~ty of V~rg~ma Beach, V~rg~ma, by prowd~ng ~mproved educational somal and recreational facflmes which promotes the health and welfare of the C~ty's C~t~zens EXHIBIT G FISCAL IMPACT STATEMENT SUBMITTED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The undersigned apphcant, m order to permat the City of Vtrgnua Beach Development Authority subrmsslon of the following mformauon m comphance w~th Section 15 2-4907 of the Code of Vzrgmaa of 1950, as amended, states' Name of applicant UJFT Commumty Campus, L L C Facility Located m Vtrgana Beach, Vtrgnua 1 Maxanum amount of financing sought $5,000,000 2 Esnmated taxable value of faclhty's real property to be constructed m the locahty 23,000,000 3 Estmaated real property tax per year using present tax rates -0- Esttmated personal property tax per year using present tax rates -0- 5 Esnmated merchant's capital tax per year using present tax rates -0- a Estunated dollar value per year of goods that wall be purchased from V~rgtma compames wtthm the locahty 300,000 b Esnmated dollar value per year of goods that wall be purchased from non-Vn'gzma compames wathm the locahty 100,000 c EsUmated dollar value per year of services that wall be purchased from Vxrgnna compames w~thm the locality 100,000 d Esttmated dollar value per year of servuces that will be purchased from non-V~rgn'na compames wathm the locahty -0- Estnnated number of regular employees on year round basis 120 8 Average annual salary per employee 20,750 November 20, 2003 Dated #868144 vl UJFT COMMUNITY CAMPUS, L L C Authorized Representattve CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By~ EXHIBIT H SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY CONCURRENCE WITH INDUSTRIAL DEVELOPMENT AUTHORITY OF MATHEWS COUNTY, VIRGINIA UJFT COMMUNITY CAMPUS, L.L.C REVENUE BONDS o . ° o o PROJECT NAME. LOCATION. DESCRIPTION OF PROJECT' AMOUNT OF BOND ISSUE PRINCIPALS: ZONING CLASSIFICATION Present zoning classification of the Property b Is rezonIng proposed Yes No X UJFT COMMUNITY CAMPUS, L L C. Witchduck and Grayson Roads Vlrgima Beach, VA Facilities for educational, social and recreational activities $5,000,000 See attached Schedule c. If so, to what zoning classification? N/A VIRGINIA BEACH EXHIBIT I Vng~ma Beach Development Authority 222 Central Park Avenue, State I000 V~rg~ma Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Webstte www vbgov corn November 20, 2003 Mr. Robert G. Jones Chairman Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 Re: UJFT Community Campus, L.L.C. Industrial Development Revenue Bonds Dear Bob: It is the finding of the Department of Economic Development that the proposed issuance of $5,000,000 in revenue bonds to assist the company in financing a 126,000 sq. ft. two-story building and outdoor recreational facilities to be located east of the intersection of Witchduck and Grayson Roads in Virginia Beach will be in the public's best interest and benefit the citizens of Virginia Beach. This proposed project will increase annual employment, stimulate the local economy, increase the tax base, and provide educational, social and recreational facilities that will promote the health and welfare of the City's citizens. I will be happy to answer any questions you may have. Sincerely, Mark R. Wawner Project Development Manager MRW:lls EXHIBIT RESOLUTION OF INDUSTRIAL DEVELOPMENT AUTHORITY OF MATHEWS COUNTY, VIRGINIA WHEREAS, there has been described to the Industrial Development Authority of Mathews County, Virginia (the Authority), the plans of the UJFT Community Campus, L.L.C. (the Company) for the issuance of the Authority's revenue bond (the Bond) in an amount not to exceed $5,000,000; and WHEREAS, the Company has elected to proceed with a plan of finance pursuant to Much the Bond will be privately placed with a group of banks lead by Bank of America, N.A. (the Lender), for its own account and for investment purposes; and WHEREAS, the Company in its appearance before the Authority has described the debt service cost savings relating to the issuance of the Bond as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the Code), and has represented that the Company is a corporation described in Section 501(c)(3) of the Code winch is not orgamzed and operated exclusively for rehglous purposes and wluch is exempt fi.om federal income taxation pursuant to Section 501 (a) of the Code; and WHEREAS, the Company in its appearance before the Authority has described the educational, health, recreational and other benefits to the City of Virginia Beach (the City) and the Commonwealth of Virginia to be derived fi.om the issuance of the Bond and has requested the Authority to agree to issue the Bond under the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the Act), to assist the Company in permanently financing a campus complex to be located on an approximately 20 acre parcel east of the ~ntersection of Witchduck and Grayson Roads in Virginia Beach, Virglma, to provide facilities for educational, social and recreational activities, including an approximately 126,000 square foot two-story building and outdoor recreational famht~es to be owned by the Company (the "Project"), and used by the Tidewater Jewish Foundation, the Hebrew Academy of Tidewater, Jewish Family Services of Tidewater, the Jewish Community Center of Southampton Roads and the United Jewish Federation of Tidewater; and WHEREAS, the proceeds of the bond will also finance land acquisition and site preparation costs and the cost of issuing the bond; and WHEREAS, a public hearing has been held by the Authority as required by the Act and Section 147(0 of the Code on the date hereof; WHEREAS, there have been presented to this meeting the forms of the following documents and instruments which the Authority proposes to execute to carry out the transactions described above: 15. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by roll call vote by a majority of the directors of the Industrial Development Authority of Mathews County, Virginia, at a meeting duly called and held on October 22, 2003, and that such resolution is in full force and effect on the date hereof. Dated: October 22, 2003 ~ / onty of Mathews County, Virginia #868121 vl BOARD OF DIRECTORS AND OFFICERS OF UJFT COMMUNITY CAMPUS, L L C. Schedule to Summary Sheet Robert O Copeland, Manager Robert H. Josephberg, Manager Ron Kramer, Manager Phd~p S Rovner, Secretary T~dewater Jewish Foundation, Inc. - S~ngle Member #868146 vl BOARD OF DIRECTORS AND OFFICERS OF UJFT COMMUNITY CAMPUS, L.L.C. Robert O. Copeland, Manager Robert H. Josephberg, Manager Ron Kramer, Manager Philip S. Rovner, Secretary Tidewater Jewish Foundatmn, Inc. - Single Member Schedule to Disclosure Statement #868145 vl RESOLUTION A RESOLUTION AUTHORIZING THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF MATHEWS, VIRGINIA OF A $5,000,000 REVENUE BOND FOR THE UJFT COMMUNITY CAMPUS, L.L.C. WHEREAS, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended, authorizes the creation of the Industrial Development Authority of Mathews, Virginia (the Authority), and empowers the Authority to assist the UJFT Community Campus, L.L.C., a Virginia non-stock, non-profit corporation (the Company), by the issuance of a $5,000,000 revenue bond of the Authority (the Bond) to assist the Company in permanently financing a campus complex to be located on an approximately 20 acre parcel east of the intersection of Witchduck and Grayson Roads in Virginia Beach, Virginia, and near the Virginia Beach Free Will Baptist Church, to provide facilities for educational, social and recreational activities, including an approximately 126,000 square foot two-story building and outdoor recreational facilities to be owned by the Company (the "Project"), and used by the Tidewater Jewish Foundation, the Hebrew Academy of Tidewater, Jewish Family Services of Tidewater, the Jewish Community Center of Southampton Roads and the United Jewish Federation of Tidewater, and payment of a portion of the cost of issuing the Bond; and WHEREAS, the Company has its principal place of business at 5041 Corporate Woods Drive, Suite 150, Virginia Beach, Virginia 23462; and WHEREAS, Section 147(0 of the Internal Revenue Code of 1986, as amended (the Code), requires approval by this Board of the issuance of any private activity bonds by the Authority after the Authority has held a public hearing to consider the issuance of such bonds as purchaser of the Bond of the proposed use of the proceeds of the Bond or the creditworthiness of the Company and, as required by Virginia law, the Bond shall provide that neither the Commonwealth of Virginia, Mathews County, Virginia, nor the Authority shall be obligated to pay the principal, or premium, if any, of the Bond or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefor and neither the faith and credit nor the taxing power of the Commonwealth of Virginia, Mathews County, Virginia, or the Authority shall be pledged thereto. adoption. Section 4: - That this resolution shall be in effect from and after its Approved by the following roll call vote (list names of Board members): Ayes: Geneva L. Putt Charles E. Ingram Kevin L. Mitchem Michael C. Rowe C. Gerald Sadler Nayes: None Absent: None Abstentious: None A copy teste: #86§155 vi - 34- Item V-K. 2. RESOLUTIONS ITEM # 52014 Upon motion by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED: Resolutton referrtng to the Planntng Commtsston proposed amendments to 201 of the Ctty Zomng Ordinance (CZO), re the parktng of motor vehtcles on certatn portions of restdenttal lots Vottng 10-0 (By ConsenO Councd Members Vottng Ave 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 Council Members Vottng Nay None Counctl Members Absent Ron A Vtllanueva December 9, 2003 Requested by Councilmembers Reba S. McClanan and James L. Wood 10 11 12 13 14 A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO SECTION 201 OF THE CITY ZONING ORDINANCE, PERTAINING TO THE PARKING OF MOTOR VEHICLES ON CERTAIN PORTIONS OF RESIDENTIAL LOTS WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: There is hereby referred to the Planning Commission, for its consideration and recommendation, proposed amendments to Section 201 of the City Zoning Ordinance, pertaining to the parking of motor vehicles on certain portions of residential lots. A true copy of such proposed amendment is hereto attached. 15 16 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9th day of December , 2003. CA-9066 wmm~ordres \ lawnparking, res December 2, 2003 R-1 Approved as to Legal Sufficiency: Cmty Attorney's Office 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Requested by Councilmembers Reba S. McClanan and James L. Wood AN ORDINANCE TO AMEND SECTION 201 OF THE CITY ZONING ORDINANCE BY PROHIBITING THE PARKING OF MOTOR VEHICLES ON CERTAIN PORTIONS OF RESIDENTIAL LOTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA- That Section 201 of the City Zoning Ordinance be, and hereby is, amended and reordained by the addition, to read as follows' Sec. 201. Yards. (q) Parking of Motor Vehicles on Certain Portions of Residential Lots. (1) It shall be unlawful to park or store, or to cause or allow to be parked or stored, on any lot in a residential zoning district, any motor vehicle within a required front yard setback or a required side yard setback adjacent to a street except within a garage, carport or other covered parking area or on a driveway. (2) For purposes of this subsection, the following definitions shall apply- (A) "Motor vehicle" shall be as defined in Section 21-2 of the City Code; and (B) "Driveway" shall mean an improved surface directly connecting a garage or other approved parking area to a street or alley. 26 27 28 - ~n~ p~rso~-vi01atin~ this Shbsectioh shall be asse-~sed a-civii penalty in the amount of one hundred dollars ($100.00) for the initial summons and not more than one hundred and fifty dollars 29 ($150.00) for each additional summons. The assessment of a civil 30 31 32 33 penalty shall not preclude the institution of a civil action by the zoning administrator pursuant to section 103(a) of this ordinance. Where a civil penalty for the violation of this subsection has been assessed, the provisions of Section 217(b) and (c) shall apply, mutatis mutandis. 26 Any person violatinq this subsection shall be assessed a civil 27 penalty in the amount of one hundred dollars ($100.00) for the 28 initial summons and not more than one hundred and fifty dollars 29 ($150.00) for each additional summons. The assessment of a civil 30 penalty shall not preclude the institution of a civil action by the 31 zoning administrator pursuant to section 103(a) of this ordinance. 32 Where a civil penalty for 33 assessed, the provisions 34 mutatis mutandis. the violation of this subsection has been of Section 217(b) and (c) shall apply, 35 36 37 38 39 40 41 42 43 44 45 COMMENT The proposed amendment would prohibit the parking of motor vehicles in required front yards and side yards adjacent to a street, except within a garage, carport or other covered parking area or on a driveway. A violation would be punishable as a civil, not criminal, violation, pursuant to which a civil penalty in the amount of $100 for a first violation and up to $150 for each subsequent violation would be assessed. The procedures applicable to civil violations for sign violations set forth in Section 217 of the CZO would also apply to violations of this ordinance. They include, among other things, the right to contest the assessment of a civil penalty in court. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2003. CA-8774 wmm\ordres\lawnparkingordin.wpd R-3 May 13, 2003 Item V-K. 3. RESOLUTIONS - 35- ITEM ii 52015 Upon motton by Vice Mayor Jones, seconded by Councdman Reeve, Ctty Councd DEFERRED INDEFINITEL Y: Resolutton to AMEND the revtsed recommendattons of the Councd Commtttee eltmtnattng Vtrgtma Beach residency as a necesstty for the ctttzen appotntments to Boards and Commtsstons Vottng 10-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf dtm Reeve, Peter W Schmtdt, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent Ron A Vdlanueva December 9, 2003 - 36- Item V-L. 1. ORDINANCES ITEM # 52016 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED: Or&nance to AMEND 3~3~ 35-139, 35-140, 35-143 1, 35-144, 35-162, 35- 166, 35-187, 35-I88, 35-192, 35-252, 35-253, 35-258, 35-260 and ADD 3~3~ 35-147, 35-168, and 35-194 of the Ctty Code re assessment and collection of admission, meal, lodging, short-term rental and telecommunication service taxes. Voting 10-0 (By Consent) Counctl Members Voting 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 dames L Wood Counctl Members Vottng Nay None Counctl Members Absent Ron A Vtllanueva December 9, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE ASSESSMENT AND COLLECTION OF ADMISSION, MEAL, LODGING, SHORT-TERM RENTAL AND TELECOMMUNICATION SERVICE TAXES SECTIONS AMENDED-~ 35-139, 35-140, 35-143.1, 35-144, 35-162, 35-166, 35-187, 35-188, 35- 192, 35-252, 35-253, 35-258 AND 35-260 SECTIONS ADDED' 35-147, 35-168 AND 35-194 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA- That Sections 35-139, 35-140, 35-143.1, 35-144, 35-162, 35- 166, 35-187, 35-188, 35-192, 35-252, 25-253, 35-258 and 35-260 of the City Code are hereby amended and reordained and Sections 35- 147, 35-168 and 35-194 are hereby added to read as follows' ARTICLE VI. TAX ON~v~~~'~ ...... ~ ................. ~.~ AT ~~v~,~ MEALS Sec. 35-139. Collection. (a) Every person receiving any payment for a meal subject to the tax levied under this article shall collect the amount of tax imposed under this article from the purchaser on whom the same is levied, or from the purchaser paying for such meal, at the time payment for such meal, is made. The taxes so collected shall be held in trust for the city by the person required to collect such taxes until remitted as provided in this article. The wrongful and fraudulent use of such collections other than remittance as 25 26 provided by this article constitutes embezzlement, as provided by Code of Virginia ~ 58.1-3833. 27 28 29 30 31 (b) No blind person operating a vending stand or other business enterprise under the jurisdiction of the Department of the Visually Handicapped and located on property acquired and used by the United States for any military purpose shall be required to collect or remit such taxes. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Sec. 35-140. Reports and remittances generally. (a) The person collecting any tax as provided in section 35-139 shall make out a report, upon ~ forms created by the treasurer ~ that shall request all setting forth such information ~ that the commissioner of the revenue and the treasurer may ~=~~=~- ~--~ require, showing the amount of meals chazges ~u~=~=~--~ ............. ~ t~ zequized to be collected and shall sign and deliver such report to the city treasurer with a remittance of such tax. Such reports and remittances shall be made on or before the twentieth day of each month, covering the amount of tax collected during the preceding month. (b) Late filing penalty (1) If a report is not filed on or before the due date set forth in subsection (a) above, there shall be added a penalty in the amount of ten (10) percent of the tax assessable on such return or ten dollars (~10.00), whichever is qreater; provided, however, that the penalty shall in no case exceed the amount of the tax assessable. Such penalty shall not be assessed until the day 50 51 52 53 54 after the report is due. Any such penalty, when assessed, shall become part of the tax. (2) No penalty for failinq to file a report shall be assessed if such failure was not the fault of the taxpayer or was the fault of the commissioner of the revenue. The commissioner of 55 the revenue shall make determinations of fault relatinq to failure 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 to file a report. (c) The treasurer shall provide the commissioner of the revenue by the 15th of each month with copies of all reports submitted in the precedinq month by persons required to collect the tax levied by this article. Sec. 35-143.1. Willful failure to file returns or ~, collect7 or truthfully account for tax. (b) Any corporate or partnership officer as defined in this section, or any other person required to collect, account for, or pay over the tax imposed under this article, who willfully fails to collect or truthfully account for or pay over such tax, or who willfully evades, or attempts to evade such taxa oz the payment t~, shall, in addition to any other penalties imposed by law, be guilty of a Class 1 misdemeanor. Sec. 35-144. Procedure upon failure to c~, report, etc. (a) If any person, whose duty it is so to do, shall fail or refuse to collect the tax imposed under this article and to make, 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 within the time provided in this article, the reports and remittances mentioned in this article, the commissioner of the revenue shall proceed in such manner as he may deem best to obtain facts and information on whic~h necessary to base his create an estimate of the tax due. As soon as the cor~Lissione£ of revenue shall procure ou~ ~o ~u infu~L~=ion ~ he io able to obtain upon which to base the assessment of any tax payable by any person "=-w~u hao f=~l=d u~ ===uo=u to collect su~ tax and to make such report and remittance, Within ten days from the date the tax was due, he shall proceed to determine and assess against such person the tax and late filinq penalty established at section 35-140 (b), penalties provided for by this article and shall notify such person, by hand delivery, facsimile or certified mail sent to his l~ot '-- ~ p of the total amount of such tax and ~ -lace of ~~os, penalties~ ~ a copy of the assessment shall be delivered simultaneously to the treasurer. _Tthe total amount thereof shall be p y b 'th' -- (O) immediately, and the treasurer shall proceed to collect same as authorized by law. (b) It shall be the duty of the commissioner of revenue to ascertain the name of every person operating a food establishment in the city, liable for the collection of the tax levied by this article, who fails, refuses or neglects to collect such tax or to make, within the time provided by this article, the reports or 99 100 101 102 103 104 105 106 107 108 109 110 remittances required by this article. The co~Lissioner of revenue treasurer may apply for the issuance of a warrant or summons for such person, or, in the case of violations of Code of Virqinia ~ 58.1-3833, request the assistance of the Commonwealth's Attorney, as provided by law. (c) Any person issued an estimated assessment as described in subsection (a), who is aqgrieved by the assessment, may apply to the commissioner of the revenue for correction as provided by Code of Virqinia ~ 58.1-3980. Sec. 35-147. Duties of commissioner of the revenue and city treasurer. (a) The commissioner of the revenue shall be charged with 111 112 113 114 115 116 117 118 119 120 121 122 auditing the reports required by this article, ensurinq that food establishments are reqistered to collect the tax levied by this article, and respondinq to all inquiries that may be made by taxpayers or persons operatinq food establishments. (b) The city treasurer shall be charged with the receipt and collection of the taxes imposed and levied by this article, and shall cause the same to be paid into the qeneral treasury of the city. ARTICLE VII. TAX ON TRANSIENTS OBTAINING LODGING Sec. 35-162. Reports and remittances generally. (a) The person collecting any tax as provided in section 35-139 shall make out a report, upon ~ forms created by the 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 treasurer ~ that shall request all setting forth such information ~ that the commissioner of the revenue and the treasurer may prescribe and require, showing the amount of meals charges collected and tax requir=d to u= collected and shall sign and deliver such report to the city treasurer with a remittance of such tax. Such reports and remittances shall be made on or before the twentieth day of each month, covering the amount of tax collected during the preceding month. (b) Late filing penalty. (1) If a report is not filed on or before the due date set forth in subsection (a) above, there shall be added a penalty in the amount of ten (10) percent of the tax assessable on such return or ten dollars ($10.00), whichever is greater; provided, however, that the penalty shall in no case exceed the amount of the tax assessable. Such penalty shall not be assessed until the day after the report is due. Any such penalty, when assessed, shall become part of the tax. (2) No penalty for failinq to file a report shall be assessed if such failure was not the fault of the taxpayer or was the fault of the commissioner of the revenue. The commissioner of 143 144 145 146 the revenue shall make determinations of fault relating to failure to file a report. (c) The treasurer shall provide the commissioner of the revenue by the 15th of each month with copies of all reports 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 submitted in the precedinq month by persons required to collect the tax levied by this article. Sec. 35-166. Procedure upon failure to u-o{-~ec%~, report, etc. (a) If any person, whose duty it is so to do, shall fail refuse to collect the tax imposed under this article and to make, within the time provided in this article, any report required by this article, the commissioner of the revenue shall proceed in such manner as he may deem best to obtain facts and information ~n-wgti-~ necessary to ~ create an estimate of the tax due. as the co~,issioner of revenue shall procure such~o= .... and =-= ...... ~ .... he zs ~= to obtazn upon whz~ ~v bao= the assessment of any tax payable to any person who has failed or refused to collect such tax and to make such report and remittance, Within ten (10) days from the date the tax was due, he shall proceed to determine and assess against such person the tax and the late filing penalty established at section 35-162 (b), penalties provided for by this article and shall notify such person, by registered hand delivery, facsimile or certified mail, sent to his ........ ~ ..... of the total amount of such tax and last known p~= ~ penalties= and a copy of the assessment shall be delivered simultaneously to the treasurer. %~he total amount thereof shall be payable w~th~n ten I0 days ~u~ ~= ~= ~ ou~ immediately, and the treasurer shall proceed to collect same as authorized by law. 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 (b) It shall be the duty of the commissioner of ~ the revenue to ascertain the name of every person operating a hotel in the city, liable for the collection of the tax levied by this article, who fails, refuses or neglects to collect such tax or make, within the time provided by this article, the reports or remittances required in this article. The co~Lissioner of revenue treasurer may have a su~Lons issued apply for the issuance of a warrant or summons for such person in the manner provided by law~ and may serve a copy of such sur~ons upon such person in the manner provided by law and shall make one return of the original to the general district court of the city. (c}, Any person issued an estimated assessment as described in subsection (a), who is aqqrieved by the assessment, may apply to the commissioner of the revenue for correction as provided by Code Sec. 35-168. Duties of commissioner of the revenue and city treasurer. (al The commissioner of the revenue shall be charqed with auditinq the reports required by this article, ensurinq that lodginq places are reqistered to collect the tax levied by this article, and respondinq to all inquiries that may be made by taxpayers or persons operating lodginq places. (b) The city treasurer shall be charged with the receipt and collection of the taxes imposed and levied by this article, and 194 shall cause the same to be paid into the general treasury of the 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 city. ARTICLE VIII. ADMISSIONS TAX Sec. 35-187. Reports and remittances generally. (a) The person collecting any tax as provided in section 35-186 shall make out a report, upon ~ forms created by the treasurer ~ that shall request all setting forth suc~h information ~ that the commissioner of the revenue and the treasurer may prescribe and require, showing ~e~ amount of meals charges ~=~=~ o~ ~o~ required to be collected and shall sign and deliver such report to the cor~Lissioner of the revenue city treasurer with a remittance of such tax. Such reports and remittances shall be made on or before the twentieth day of each month, covering the amount of tax collected during the preceding month. (b) Any person operating any place of amusement or entertainment regularly throughout t~he year may, upon written ppli '- ...... ' ' - ....... the co~issioner a catiu~ to, ~u with the written ~u~o=~= of, ' -- ...... ~ ----1 .. ~-- --J -- ' of revenue make reports and remittances on = Hu~z===~ u~o=~ in 12 ..... ' ._ ' ' ' _ ' ~=~ of the monthl~ basis provided in subsection (~) of this oection. Such quarterly ~=pu~=o and remittances o~I be made on =~= twentieth day of April, u~=y, u~=~=r and January in each year and shall cover the~uu~=o collected during the ======~ (3) - 217 218 219 220 221 222 223 224 225 226 227 228 229 230 i~Lediately preceding the months in which reports and remittances are required. (b) Late filing penalty. (1) If a report is not filed on or before the due date set forth in subsection (a) above, there shall be added a penalty in the amount of ten (10) percent of the tax assessable on such return or ten dollars ($10.00), whichever is greater; provided, however, that the penalty shall in no case exceed the amount of the tax assessable. Such penalty shall not be assessed until the day after the report is due. Any such penalty, when assessed, shall become part of the tax. (2) No penalty for failing to file a report shall be assessed if such failure was not the fault of the taxpayer or was the fault of the commissioner of the revenue. The commissioner of 231 232 233 234 235 236 237 238 239 the revenue shall make determinations of fault relating to failure to file a report. (c) The treasurer shall provide the commissioner of the revenue by the 15th of each month with copies of all reports submitted in the preceding month by persons required to collect the tax levied by this article. (~_d) If the remittance under this section is by check or money order, such check or money order shall be payable to the city treasurer. 10 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 Sec. 35-188. Reports, remittances and deposits by t~mporary or transient places of amusement or entertainment. (a) Whenever any place of amusement or entertainment of a temporary or transitory nature makes an admission charge which is subject to the tax levied by this article, or does not make such an admission charge but does sell refreshments, services or merchandise which is subject to the tax levied by this article, the co~,issionez of revenue treasurer may require the report and remittance of the requisite tax to be made on the day following its collection, or on the day following the conclusion of a series of performances or exhibitions, or at such other reasonable time or times as he shall determine. Failure to comply with any such requirement of the co~Lissionez of revenue treasurer as to the report and remittance of the tax so required shall be unlawful. (b) Before any temporary or transient place of amusement or entertainment mentioned in subsection (a) above shall begin operation and before any license shall be issued therefor, if a license is required, the person operating the same may be required by the co~Lissioner of the revenue treasurer to deposit with the city treasurer a sum of money, to be estimated by the commissioner of the revenue sufficient to cover the tax required to be collected by such person under the provisions of this article, as security for the collection and payment to the city of such tax. At the conclusion of such temporary or transient operation in the city, such person shall file with the co~tissionez of revenue treasurer 11 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 the report required by this article and pay such tax collected to the city. Upon the filing of such report and the making of such payment, the city treasurer shall refund such deposit. Should any such person fail to file such report and pay such amount of tax collected within five (5) days from the termination of the operation of such amusement or entertainment, the commissioner of revenue may thereupon assess such person with such tax at the amount of such deposit and the city treasurer shall retain such deposit in full payment of the tax collected by and due the city by such person. Sec. 35-192. Procedure upon failure to collect, report, etc., taxes. (a) If any person, whose duty it is so to do, shall fail--o~ refus= uv collect the tax imposed under - ~- ~- article and to make, within the time provided in this article, any report and remittance required by this article, the commissioner of the revenue shall proceed in such manner as he may deem best to obtain facts and information ~ necessary to ~ create an estimate of the tax due. Ao oov,, ~o the cor~[~ooioner of ~=venue o,~= procure .... ~ = ...... ~ ~ ........ ~ .... =- =- -~'- to obt ' upon which t ba~= the ~ooe~,,=~ of any tax pa---'-~ ~u~ any person who has faile~ or refused to collect such tax and to make su~ report remittance, Within ten (10) days from the date the tax was due, he shall proceed to determine and assess against such person the tax 12 289 290 291 292 293 294 295 296 297 298 299 3OO 301 302 303 304 305 306 307 308 309 310 and the late filing penalty established at section 35-187 (b) penalt~=~ ..... ~ovi~=~-~ for ~y thzs artzcle and shall notify such person, by registered hand-delivery, facsimile or certified mail, of the total amount of such tax and penalties~ and a copy of the assessment shall be delivered simultaneously to the treasurer· t~he total amount thereof shall be payable within ten (I0) days from the date of such notice immediately, and the treasurer shall proceed to collect same as authorized by law. (b) It shall be the duty of the commissioner of the revenue to ascertain the name of every person operating a place of amusement or entertainment in the city, liable for the collection of the tax levied by this article, who fails, refuses or neglects to collect the tax or to make, within the time provided by this article, the reports or remittances required in this article. The co~Lissionez of revenue treasurer may have a su~ons issued apply for the issuance of a warrant or summons for such person in the manner provided by law and shall make one return of the original to the general district court of the -:ty (c) Any person issued an estimated assessment as described in subsection (a), who is aggrieved by the assessment, may apply to the commissioner of the revenue for correction as provided by Code of Virginia ~ 58.1-3980. 13 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 35O 351 352 353 354 355 356 357 358 (e) Collection, return and remittance of tax. Every person engaged in the short-term rental business shall collect the rental tax from the lessee of the daily rental property at the time of the rental. The lessor of the daily rental property shall transmit a quarterly return to the co~Lissioner of revenue treasurer, indicating the gross proceeds derived from the short-term rental business and shall remit therewith the payment of such tax as is due for the quarter. The return shall be created by the treasurer and shall request all information that the commissioner of the revenue and the treasurer may require. The quarterly returns and payment of tax shall be filed with the cor~Lissioner of revenue treasurer on or before the twentieth day of each of the months of April, July, October and January, representing, respectively, the gross proceeds and taxes collected during the preceding quarters ending March 31, June 30, September 30 and December 31. The return shall be upon such forms and setting forth such information as the commissioner of revenue may require, showing the amount of gross receipts and the tax required to be collected. The taxes required to be collected under this article shall be deemed to be held in trust by the person required to collect such taxes until remitted as required in this article. (f) Procedure upon failure to collect, report or remzt taxes. If any person, whose duty it is so to do, shall fail or refuse to collect the tax imposed under this article and to make, within the 15 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 38O 381 382 time provided in this article, the returns and remittances required in this article, the commissioner of the revenue shall proceed in such manner as he may deem best to obtain facts and information ~ ~ necessary to ~ create an estimate of the tax due. soon as the co~issioner of revenue shall procure such facts and , ' __ ' ' __L2--~ ~-- 1 mnformatzon ~o he zs able to obtazn upon, w~,~ =u ~o= the assessment of any tax payable by any person who has failed or ===uoed to collect such tax and to make su~ return and remzttance, Within ten (10) days from the date the tax was due, he shall proceed to determine and assess against such person the taxT penalty ~ ~====o~ provmded for by thz~ artmcle and the late filing penalty established in subsection (g) below, and shall notify such person, by registered hand-delivery, facsimile or certified mail, o=~= =u ~o ~o= ~uw~ place of addreoo, of the total amount of such tax7 and penalty and interestl and the total ~.~uu~= thereof ~,~=~ we payable wzthzn ten (I0) days= =~U.~ the date of su~ ~u=zce a copy of the assessment shall be delivered simultaneously to the treasurer, in the event such tax is not paid ' ' - .... ~=-- The total amount w~th~n t=~, {I0) days~ =~u.~ the date of =~==~ thereof shall be payable immediately, and the treasurer shall proceed to collect same in accordance with chapter 9 of title 58.1 of the Code of Virginia as authorized by law. (g) Penalty and interest Failure or refusal to remit tax; penalty. If any person, whose duty it is so to do, shall fail or 16 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 refuse to remit to t~he co~,issioner of revenue the tax required to be collected and paid under this article within the time specified in the article, there shall be added to such tax a penalty in the amount of ten (10) percent of the tax past due or the sum of ten dollars ($10.00), whichever is the greater. The assessment of such penalty shall not be deemed a defense to any criminal prosecution for failing to make any return or remittance as required in this article, nuu~uionally, iht=rest on lat= payment° ofa~-~ t~=o- due .......... lty ~l~-~-~ ~=~- added au the rat= of t=l~ (I0)p=~=~u ........ per ~=~r. Pena and interest for failure to pay the tax assessed pursuant to this article shall be assessed on the f~rst day following the day such quarterly installment payment is due. (h) Late filing penalty (1) If a report is not filed on or before the due date set forth in subsection (a) above, there shall be added a penalty in the amount of ten (10) percent of the tax assessable on such return or ten dollars ($10.00), whichever is greater; provided, however, that the penalty shall in no case exceed the amount of the tax assessable. Such penalty shall not be assessed until the day after the report is due. Any such penalty, when assessed, shall become part of the tax. (2) No penalty for failing to file a report shall be assessed if such failure was not the fault of the taxpayer or was the fault of the commissioner of the revenue. The commissmoner of 17 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 the report shall make determinations of fault relating to failure to file a report. (~i) Exclusions and exemptions. No tax shall be collected or assessed on (i) rentals by the commonwealth, any political subdivision of the commonwealth or the United States, or (ii) any rental of durable medical equipment as defined in subdivision 22 of section 58.1-608 of the Code of Virginia. Additionally, all exemptions applicable in chapter 6 of title 58.1 of the Code of Virginia (section 58.1-600 et seq.) shall apply mutatis mutandis to the daily rental property tax. (~) Renter's certificate of registration. Every person engaging in the business of short-term rental of tangible personal property shall file an application for a certificate of registration with the commissioner of the revenue. The application shall be on a form prescribed by the commissioner of revenue and shall set forth the name under which the applicant intends to operate the rental business, the location and such other information as the commissioner may require. Each applicant shall sign the application as owner of the rental business. If the rental business is owned by an association, partnership or corporation, the application shall be signed by a member, partner, executive officer or other person specifically authorized by the association, partnership or corporation to sign. 18 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 Upon approval of the application by the commissioner of the revenue, a certificate of registration shall be issued. The certificate shall be conspicuously displayed at all times at the place of business for which it is issued. The certificate is not assignable and shall be valid only for the person in whose name it is issued and the place of business designated. (~) Criminal penalties for violatxon of artxcle. Any person violating or failing to comply with any provision of this article shall be guilty of a Class 3 misdemeanor. Provided however, if the amount of tax due and unpaid for any quarterly installment exceeds one thousand dollars ($1,000.00), any person failing to remit payment when due shall be guilty of a Class 1 misdemeanor. The treasurer may apply for the issuance of a warrant or summons for such person in the manner provided by law. (1) Copies of reports; appeal of estimated assessment. (i) the treasurer shall provide the commissioner of the revenue by the 15th of each month with copies of all reports submitted in the preceding month by persons required to collect the tax levied by this article, and (ii) any person issued an estimated assessment as described in subsection (f), who is agqrieved by the assessment, may apply to the commissioner of the revenue for correction as 452 provided by Code of Virqlnia ~ 58.1-3980. 19 453 (m) Duties of the commissioner of the revenue. The 454 455 456 commissioner of the revenue shall be charged with auditing the reports required by this article, ensuring that short-term rental businesses are reqistered to collect the tax levied by this 457 458 459 460 461 462 article, and respondinq to all inquiries that may be made by taxpayers or rental businesses. (n) Duties of the city treasurer. The city treasurer shall be charqed with the receipt and collection of the taxes imposed and levied by this article, and shall cause the same to be paid into the general treasury of the city. 463 464 465 466 467 468 469 470 471 472 473 474 475 476 ARTICLE XIII. LOCAL TELECOMMUNICATION SERVICE TAXES Sec. 35-258. Duty of service provider to collect, report and remit; penalty and interest. (b) It shall be the duty of every service provider, in acting as the tax collection medium or agency for the city, to collect from each consumer, for the use of the city, the taxes imposed and levied by this article at the time of collecting the purchase price charged for the service. The taxes so collected during each calendar month shall be reported and remitted by each service provider to the co~issioner of the revenue treasurer on or before the fifteenth day of the second calendar month thereafter. Ail remittances of taxes received .... the cor~tissioner of the revenue o~ be delzvered to ====~ t==~ourer by the end of the ~=~= busz~=oo 20 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 day ~u~u,~.~,=-~---=--- provided, however, that~-'' c~o.~ p~3.~L=.~=o must bc made =u =~e o~ty t===o====. The required report shall be created by the treasurer and request all information that may be required --k~ such form as may be prescribed by the commissioner of the revenue. (c) Failure to report or remit the taxes so collected-i-o-t4~ co~Lissioner of the revenue on or before the due date set forth in subsection (b) of this section shall result in a penalty of ten (10) percent of the amount due or ten dollars ($10.00), whichever is greater, which shall be added to the amount due; provided, however, that the penalty shall not exceed the amount due. ' ' ' - ................. lly addition, interest =~ the ~=~= of ~=~ {lO) p=~=~ annua the firot day following the last~=-~-~ ~.~= ==~=o === ~== =~ remitted may be added to the overdue principal and penalty, and collected from the delinquent service provider. (d) The treasurer shall provide the commissioner of the revenue by the 15th of each month with copies of all reports submitted in the precedinq month by persons required to collect the tax levied by this article. Sec. 35-260. Duties of commissioner of the revenue and city treasurer. (a) The commissioner of the revenue or his duly authorized ~ shall be charged with auditing the reports required by this article, ensuring that service providers are registered to collect the tax imposed and levied by this article, receiving from service 21 501 502 503 504 5O5 506 507 5O8 provide - the t ............ ~-~ =- =~ ..... ~-' ..... promptly transmitting t~hem to the city treasurer, and responding to all inquiries that may be made by taxpayers or service providers· (b) The city treasurer shall be charged with the receipt and collection of the taxes imposed and levied by this article, ~ , , , ---- ~ .... , , _ ~ , recezvzng notre= ~um the co~Lzsszonez of the revenue ~ provzded ~n o=~zon ~-~58 I )~ uch .... delznquent, · ~ -t o ~=o ~= and shall cause the same to be paid into the general treasury of the city. 5O9 510 511 512 513 514 515 516 517 518 519 520 521 Sec. 35-263. Compensation for collection of E-911 tax. Pursuant to section 58.1-3813.1 of the Code of V~rgmnia, as amended, whenever the tax imposed by section 35-254(d) of this article is collected by the service provider acting as the tax collection medium or agency for the city, such service provider shall be allowed as compensation for the collection and remittance of the tax three (3) percent of the amount of tax due and accounted for. The service provider shall deduct this compensation from the payments reported and remitted to the co~issioner of ~e~ revenue treasurer in accordance with section 35-258(b). BE IT FURTHER ORDAINED' That this Ordinance shall be effective on February 1, 2004. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of December, 2003. CA-8903 DATA/ORDIN/PROPOSED/35-139etalsord.wpd R13 - November 25, 2003 22 Item V-L. 2. ORDINANCES -37- ITEM # 52017 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED: Ordtnance to DECLARE EXCESS PROPERTY at the tntersectton of Princess Anne Road and North Landing Road and AUTHORIZE the Ctty Manager to convey thts property to Kellam & Eaton, Inc as part of a PROPERTY EXCHANGE (DISTRICT 7 - PRINCESS ANNE) Votmg 10-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, 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 9, 2003 AN ORDINANCE DECLARING AS EXCESS CERTAIN CITY-OWNED PROPERTY LOCATED NEAR THE INTERSECTION OF PRINCESS ANNE ROAD AND NORTH LANDING ROAD AND AUTHORIZING CITY MANAGER TO DISPOSE OF SAME AS PART OF A PROPERTY EXCHANGE WHEREAS, the C~ty of V~rgima Beach acquired btle to an abandoned 66- 9 foot-w~de railroad right of way (the "Abandoned Railroad Property") in 1985 by Deed recorded ~n the Clerk's Office of the C~rcu~t Court of the C~ty of Virginia Beach, V~rgima, ~n Deed Book 2417, page 1540, and WHEREAS, the C~ty Council ~s of the op~n~on that a 502-foot-long segment ~_ 3 of the Abandoned RaIlroad Property, as shown by the shaded area on the "Locabon Map Showing Excess City Owned Property Adjacent to Pnncess Anne Road and North Landing Road" attached hereto as Exhibit A, ~s ~n excess of the needs of the C~ty of V~rg~n~a Beach, WHEREAS, Kellam & Eaton, Inc, the owner of property adjacent to the Abandoned Railroad Property, has proposed a property exchange, pursuant to which the ~_ 8 C~ty would quitclaim its interest ~n the 502-foot-long segment (approximately 0 76 acres) to Kellam & Eaton, Inc. (the "Excess Property"), ~n exchange for ded~cabon of a 70-foot- 2 0 w~de access easement, construction and maintenance of pedestrian plaza and s~dewalk 21 ~mprovements, and ded~cabon of a drainage easement across Kellam & Eaton, Inc's 22 adjacent property 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA 25 I That the Excess Property, containing approximately 0 76+ acres, ~s 26 hereby declared to be ~n excess of the needs of the C~ty and that the 27 C~ty Manager ~s hereby authorized to execute a quitclaim deed 28 conveying the C~ty's ~nterest ~n sa~d Excess Property to Kellam & 29 Eaton, Inc 3O 2 That the consIderation for the conveyance of the Excess Property 3'[ to be (1) Kellam & Eaton, Inc will dedicate to the C~ty a 70-foot-w~de 32 pedestrian access easement over Kellam & Eaton, Inc's adjacent 33 property, which shall connect the public right of way of North Landing Road and Pnncess Anne Road to the remainder of the 66-foot-right 35 of way, (2) Kellam & Eaton, Inc w~ll dedicate to the C~ty a drainage 36 easement of sufficient w~dth to accommodate the relocabon of 37 exlsbng drainage pipes and maintenance of same, (3) Kellam & 38 Eaton, Inc w~ll construct at its expense pedestrian plaza and s~dewalk 39 ~mprovements w~th~n the public access easement; (4) Kellam & Eaton, 4O Inc w~ll relocate at ~ts expense drainage facilities currently located ~n the Excess Property area ~n a manner sabsfactory to the C~ty and (5) 42 any other terms or cond~bons determined by the C~ty Attorney 43 necessary to protect the C~ty's ~nterests ~n the property exchange. 44 3 That the Excess Property shall be conveyed ~n accordance w~th the 45 attached Summary of Terms marked as Exhibit B, and such other 46 terms, conditions or mod~flcabons as may be sabsfactory to the City 47 Attorney 48 This ordinance shall be effecbve from the date of ~ts adopbon 49 5o Adopted by the Council of the C~ty of Virg~ma Beach, V~rg~nia, on the day of December ,2003 9th 51 52 CA-8998 PREPARED. December 3, 2003 APPROVED AS TO CONTENT (P-~hc Work~ APPROVED AS TO LEGAL Department of Law E~[HIBIT A ! / / / ? / I / / O O O O O O© O O O © O © O O O O Oo O ~ O O O 0 0 ©C~ © © © ! ? \\ O © \\N \ \ \ LOCATION MAP SHOWING EXCESS CITY OWNED PROPERTY ADJACENT TO PRINCESS ANNE ROAD AND NORTH LANDING ROAD SCALE: 1" = 200' NORTH b'%NDING DGN MJ S PREPARED BY PAN ENG CADD DEPT / / OCTOBER 6, 2003 Exhibit B SUMMARY OF TERMS EXCHANGE OF EXCESS CITY PROPERTY ADJACENT TO KELLAM & EATON HARDWARE STORE LOCATED NEAR PRINCESS ANNE ROAD AND NORTH LANDING ROAD SELLER: City of Virginia Beach PURCHASER: Kellam & Eaton, Inc. ("Purchaser"), in conjunction with developer Berkshire-Hudson ("Developer") PROPERTY: Approximately 33,066+ SF (0.76+ Acre) SALE PRICE: None. The City will quitclaim its interest in the Excess Property in exchange for a public access easement with pedestrian plaza and sidewalk improvements at Kellam & Eaton, Inc.'s expense, and a drainage easement sufficient to accommodate replacement and maintenance of existing drainage facilities. CONDITIONS OF SALE: Purchaser will resubdivide and eliminate all interior lot lines. Purchaser and/or Developer are responsible for (1) designing and constructing adequately sized replacement drainage facilities in accordance with City standards; and (2) dedicating a drainage easement of sufficient dimensions to accommodate new drainage facilities and maintenance of and access to same. In the event the City must excavate around the new drainage facilities for maintenance, the City will make repairs to the facilities and backfill around the facilities up to ground surface but will not be responsible for replacing landscaping, pavers, signs, etc. Purchaser will dedicate 70-foot-wide public access easement over brick pavement and pedestrian seating area from Princess Anne Road and North Landing Road connecting the residual area to the east. The City reserves the right to establish easements for drainage and utilities under, over, across and through the Purchaser's development site. Purchaser and/or Developer shall develop pedestrian connectivity and plaza improvements in accordance with the preliminary site plan approved by City Council with the rezoning application. Purchaser and/or Developer shall be responsible for maintaining the public access easement and all improvements thereon. Purchaser and/or Developer shall dedicate additional right of way for traffic signalization improvements at the northeast and southeast comers of the Princess Anne Road/North Landing Road intersection to accommodate signal poles and/or cables. Purchaser shall assume all obligations to Norfolk Southern and/or Domim'on-Virginia Power with respect to the utility easemems or leases affecting the Excess Property, including without limitation the obligation to pay for costs of relocating any facilities of Dominion-Virginia Power within the Excess Property. Purchaser and Developer must sign an Property Exchange Agreemem with the City setting forth the terms of the property exchange. Such other terms, conditions or modifications that the City Attorney deems are necessary to protect the City's interests in this property exchange, including without limitation requiring a bond, reverter clause or other legal device. N 29"36'11" E 181 60' EXISTING PROPERTY LINE N 18'54'57" E 80 96' PARCEL FOUR 0 76 AC N/F CITY OF VIRGINIA BEACH DB 2417, PG 154-0 HWY BK 2, PG 5-5E (:;PIN 2404-38-2805 PROPOSED /~--1 O' PEDESTRIAN EASEMENT ~ %\ ~ .Nk /-- PROPOSED VARIABLE ~~ \, '"',~). _ / EASEMENT PROPOSED "~ '. X./'~ WIDTH UP TO 72' PROPOSED ' 10' WIDE PEDESTRIAN EASEMENT X "~ SOURCE NGVD 29, 1972 ADJUST EASEMENT/PROPERTY INFORMATION PROPOSED VARIABLE WIDTH 0 700 (.30,482 SF) ACCESS EASEMENT PROPOSED 10' WIDE PEDESTRIAN EASEMENT 0 136 (5,941 SF) PROPOSED TOTAL 0 836 (56,425 SF) EASEMENT AREA PROPERTY OF CITY OF VA 0 76 ACRES BEACH 0 er) 0 ~lW~l''°J~c' "° JDH03010 EXItlB1T SHOWING EXISTING PARCEL OWNED BY CITY OF VIRGINIA BEACH & PROPOSED EA~E1VIE~ AREA NORITILANDING ROAD VIRGINIA BEACH  THE JOHN R. McADAMS'~ COMPANY, INC. m~cn,,m ~.RS/PL~U,mR~/Sm~O~ RESEARCtt TRIANGLE P~, NC P.0 BOX 14005 Z~ 27709-4005 Item V-L. 3. ORDINANCES - 38- ITEM # 52018 Upon motion by Vice Mayor Jones, seconded by Councdman Reeve, Ctty Counctl ADOPTED: Ordtnance to ACCEPT and APPROPRIATE $442,943 from the US Department of Justtce to the Pohce FY 2003-2004 Operating Budget re internal affairs software and database development, training and project evaluation. Vottng 10-0 (By ConsenO Counctl Members Votmg 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 Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Ron A Vtllanueva December 9, 2003 AN ORDINANCE TO ACCEPT AND APPROPRIATE $442, 943 FROM THE U. S. DEPARTMENT OF JUSTICE TO THE POLICE DEPARTMENT'S FY 2003- 04 OPERATING BUDGET FOR INTERNAL AFFAIRS SOFTWARE AND DATABASE DEVELOPMENT, TRAINING, AND PROJECT EVALUATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, Virginia: That $442,943 in grant funds is hereby accepted from the U.S. Department of Justice and appropriated to the Police Department's FY 2003-04 Operating Budget, for internal affairs software and database development, training and project evaluation, with federal revenue increased accordingly. ]7 Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of December 2003. CA-9057 Ordn/Noncode/Integrity Grantord.wpd R-1 November 25, 2003 Approved as to Content Management Services Approved as to Legal Sufficiency City Attorney~ Offi'c~e U.S. Department of Justice Office of Community Oriented Policing Services Program/Pohcy Support and Evaluation Diviston I100 Vermont/lvenue, NY/ 14tashtngton, D C 20530 October 23, 2003 Chief Alfred M. Jacocks, Jr. Municipal Complex, Btdlding 11 2401 Court House Drive Virginia Beach, VA 23456 RE: Award Number: 2003-HS-WX-0007 Dear Chief Jacocks: I am pleased to inform you that your award for "Enhancing Cultures of Integrity" has been approved in the amount of $442,943. The project period for this award is September 1, 2003 to August 31, 2005. En,,e.,.l,~,agd:in this pack. et, is thc award document'that you.and City Manager Spore must sign.. On the back of the award document is a list of terms and conditions that will apply to your award. Please be sure to familiarize yours, elf with these terms and conditions. ;~d;~cta~l,.y: aceept, thz terttis :and the award, ~piease stgn tlie enclosed award document and r~-urn the o{qgina'l'to the COPS,Office within 45 days. Failure to submit the signed award document in this 45-day period could result in COPS withdrawing your program and de-obligating your funds. Should you have any questions concerning this award, please do not hesitate to contact your program manager, Albert A. Pearsall, m, at (202) 616-3298 or Albert. Pearsall~usdoj.gov. Congratulations again on your award. We look forward to working with you to complete this important project. Sincerel ~y, ~ PActiamn~,D_epu~yamm~al;irector Enclosures - 39- Item V-L.4. ORDINANCES ITEM # 52019 Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, Ctty Councd ADOPTED: Ordtnance to APPROPRIATE $380,000 anttctpated revenue from the State to the Pohce FY 2003-2004 Operating Budget re extradition of prisoners Votmg 10-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, l&ce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Counctl Members Absent Ron A Vtllanueva December 9, 2003 - 40- Item V-L. 5. ORDINANCES ITEM # 52020 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED: Ordinance to ACCEPT and APPROPRIATE $49,991 from the US Department of Health and Human Servtces to the Ftre FY 2003-2004 operattng budget re a part-ttme program manager and assoctated equtpment to tmttate a Medical Reserve Corps program Vottng 10-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, 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 9, 2003 AN ORDINANCE TO ACCEPT AND APPROPRIATE $49,991 FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES TO THE FIRE DEPARTMENT'S FY 2003-04 OPERATING BUDGET FOR A PART-TIME PROGRAM MANAGER AND ASSOCIATED EQUIPMENT TO INITIATE A MEDICAL RESERVE CORPS PROGRAM WHEREAS, the Health and Fire Departments have received a grant to initiate a Medical Reserve Corps Program to solicit medically-trained citizens to serve as volunteers during times 12 of local disaster. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, Virginia- 1. That $49,991 in grant funds is hereby accepted from the U.S. Department of Health and Human Services and 17 appropriated to the Fire Department' s FY 2003-04 Operating Budget to initiate a Medical Reserve Corps program. 2O 2. That a part-time program coordinator position (.75 FTE) 2! 22 23 24 25 is approved for the Health Department in conjunction with this grant; provided, however, that this position is conditioned upon continued grant funding. 3. That federal revenue in the FY 2003-04 Operating Budget is hereby increased by $49,991. 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia on the 9th day of December2003. CA-9059 Ordin/Noncode/MedicalCorpord. doc R-1 November 25, 2003 Approved as to Content: Management Services Approved as to Legal Sufficiency: C/~ity~Attor~~ey~s,s ~~f~ce DAT~ ~SSUED I IVlo~D~ ~ 2. CFDA NO 09130/03 J ~3 008 J SUPERb, EOB8 AWARD NOTICE dW, e~t NJA GRANT NO ,5 ADMINI~TPtA'I~E CODF$ U$2SG03032-01-0 MPU-$2 Fonnorly' PROJECT PERIOD Me/Day/Y1' M~/Day/Yr ,ROM 09130103 JTHROU;H 09/29/06 BUDGET PERIOD M~lDay/Yf Mo/Oey/Yr F~ou 09130103 JTHROU~ 09/29/04 DEPARTMENT OF HEALTH AND HUMAI~ SEI~VICES PUBLIC HEALTE{ SERVICE OFFICE OF PUBLIC HEALTH AND SCIENCE OFFICE OF THE SURGEON GENE~L ROCKVILLE, MARYLAND 20852 NOTICE OF GRANT AWARD AUTHORIZATION (Legi$1aflon/ReBulafion) MEDICAL RESERVE CORPS TITLE XVIt, SECTION 1701(e) (1), PUBLIC HEALTH SERVICE ACT AS AMENDED · TITLE OF PROJECT |OR PROGRAM_) GRA'~'&E NAME AND AOD~E{'S · City of Virginia Beach Fire Department , Municipal Center Demonstration Project for Medical Reserve Corns ~6. DI~ECrOR O~ PROJEC, I'(P~OGRAIdD]RECTORIPRINCi'~'AL INVF_STli~ATOR) James K. Spore C~ty Manager C~ty of Virginia Beach 2401 Court House Drive, Bldg, 1 Virginia Beach VA AP~IRO~/ED BUDGET (Excluae~ @H~ Oim~ A~talloe) 23456 PHS ;L'~t leu~ DRay TolN ~ c~$t$ including grant fU~ end ~1 m~r ~ ~~_(Sd~ me a~ ~ NUMERAL In b~ ) ....... INDIRECT' COST..~-[liele TOTAL APPROVED BUOG~T $49~991 $49,991 $o =.. j X · Must me~ al mMf. l~lg ERi~JIC110 ~ljuMmefl{ in a~ooKlalle, e with PHS ptdk:y I~MARKS (Oe~ Tmm~ & Condiaom Atta=hed Fire Department Municipal Center 2401 Court House Drive, Bldg 1 Virginia Beach, VA 23456 12.aw/ TI~E xvli, ~.Ct~ ~7O?ld~ e. Amourtl of PHS Plngnctat A~slanee (from Item tl u,) b Le~s Unol~geled BIilence Imm Prior BudgM Refills ~, [,n~,J~ CcA~ulaUve Pflo~ Awardl$} Thru Buret Ped~ d AMOU~ OF FINANCIALASSIST~CE FHIS ACTION $49,991 , $49~991 ~3 RECOMMENDED Fm~JRG SUPPORT (SUBJECT TO THE AVAILABILITY OF FUND& AND 8ATISFACTORY~R~RE$$ OF TH~ PRO~CT~, , , Y~R ITOTAL CO~TIPE~S J Vg~ ITOTA~ ~O~s~le~ - '"1 sO,ODD I' I ,,,, t4, APPR~D DIRECT ASSISTANCE BUDGET {IN LIEU ~ CAE~ a ~N of PHS DI~! A~m= ~ Le~ G~t~e Free A~t~(e) TNs Bu~ Pe~d d ~OUNT OF DIRECT ASSISTAN~ THIS ACTION J t6 PROGRAM INCOME SUBJECT'ro 4SCFR PART 74, SUBPART F, O! ~HALL lt~ USED tN ACCORD WITH ONE[ OF THE FOLLOWING ALTERNATIVES (Select One and Plac~ LET'rER ~n box ) t DEDUCTION b ADDITIONAL COSTS A o. MATCHING d OTHER RESEARCH (Add/Deduct OIX/on) = OTHER [See REMARICS) ,, 16 THIS AWARD l$ BASED ON AN APPLICATION SUBMFITED TO AND AS APPROVED BY, THE PI.~ ON THe ABOVE TITLI~D PROJECT NqD I$ SUBJEC? TO THE "I~RMS AND GONDmON5 INCORFORAYEO EITHI:R DIRECTLY OR BY REFERENCE IN THE FOLLOWING . The grant pm0~am legl~la~n ~t~d I~ The grant program rlgufellop deal above o TNt awed notic~ m~tudtng reline ~ candllionl, ii' I!v~, nixed I~w ~ RemaB'ks d PHS CranIA Pellcy Statement ~duKling addenda In · 45 CFR Peri 14 end 45 CFR Part a2 me abwe order ~ precedence ahall prevaiL Aoc~lar~.e al Ille gram tmm~ end condNim$ Yee ~ N~ - 41 - Item V-L. 6. ORDINANCES ITEM # 52021 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED: Ordtnances to ACCEPT and APPROPRIATE cash payments tn heu of park reservatton re "Park Playground Renovations": a Dam Neck Court Subdtvtston b Whtte Acres Subdtvtston c Brtckle Estates Subdtvtston d Thoroughgood, Section 8, Part 4 Subdtvtston $ 9,915 $29,900 $20,000 $24,000 Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, 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 9, 2003 AN ORDINANCE TO ACCEPT AND APPROPRIATE $9,915 TO CAPITAL PROJECT #4-970, "PARK PLAYGROUND RENOVATIONS," FOR PLAYGROUND IMPROVEMENTS IN THE VICINITY OF THE DAM NECK COURT SUBDIVISION WHEREAS, the of developer the Dam Neck Court Subdivision, 10 Kopassis Construction Corporation, has agreed to a $9,915 cash 11 payment in lieu of a park dedication. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 That $9,915 is hereby accepted from Kopassis Construction 15 Corporation and appropriated to Capital Improvement Project #4- 16 970, "Park Playground Renovations," for playground improvements 17 in the vicinity of the Dam Neck Court Subdivision, with revenue 18 from local sources increased accordingly. 19 Adopted by the Council of the City of Virginia Beach, 20 Virginia on the ~ day of December2003. CA-9063 Ordin/Noncode/DamNeckCourtord.doc RI November 28, 2003 Approved as to Content Management ~r Approved as to Legal Sufficiency -C [ ~'~t-t 0 r n e y' AN ORDINANCE TO ACCEPT AND APPROPRIATE $29,900 TO CAPITAL PROJECT #4-970, "PARK PLAYGROUND RENOVATIONS," FOR PLAYGROUND IMPROVEMENTS IN THE VICINITY OF THE WHITE ACRES SUBDIVISION WHEREAS, the developer of the White Acres Subdivision, 10 Joseph Benedetto, has agreed to a $29,900 cash payment in lieu 11 of a park dedication. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 That $29,900 is hereby accepted from Joseph Benedetto and 15 appropriated to Capital Improvement Project #4-970, "Park 16 Playground Renovations," for playground improvements in the 17 vicinity of the White Acres Subdivision, with revenue from local 18 sources increased accordingly. 19 Adopted by the Council of the City of Virginia Beach, 20 Virginia on the 9th day of Dec~mb~r 2003. CA-9061 Ordin/Noncode/WhiteAcresord.doc Ri November 28, 2003 Approved as to Content Management Services Approved as to Legal Sufficiency ~it~'-'~ttorney, s~'Offic~ 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT AND APPROPRIATE $24,000 TO CAPITAL PROJECT %4-970, "PARK PLAYGROUND RENOVATIONS," FOR PLAYGROUND IMPROVEMENTS IN THE VICINITY OF THE THOROUGHGOOD, SECTION 8, PART 4 SUBDIVISION WHEREAS, the developer of the Thoroughgood, Section 8, Part 11 4 Subdivision, Charles Bowden, has agreed to a $24,000 cash 12 payment in lieu of a park dedication. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA' 15 That $24,000 is hereby accepted from Charles Bowden and 16 appropriated to Capital Improvement Project #4-970, "Park 17 Playground Renovations," for playground improvements in the 18 vicinity of the Thoroughgood, Section 8, Part 4 Subdivision, 19 with revenue from local sources increased accordingly. 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia on the 9th day of Decembe[ 2003. CA-9064 Ordin/Noncode/Thoroughgoodord.doc RI November 28, 2003 Approved as to Content Management Services Services Approved as to Legal Sufficiency City Attorney's ~ffice AN ORDINANCE TO ACCEPT AND APPROPRIATE $20,000 TO CAPITAL PROJECT #4-970, "PARK PLAYGROUND RENOVATIONS," FOR PLAYGROUND IMPROVEMENTS IN THE VICINITY OF THE BRINKLEY ESTATES SUBDIVISION WHEREAS, the developer of the Brinkley Estates Subdivision, 10 David Terry, has agreed to a $20,000 cash payment in lieu of a 11 park dedication. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 That $20,000 is hereby accepted from David Terry and 15 appropriated to Capital Improvement Project #4-970, "Park 16 Playground Renovations," for playground improvements in the 17 vicinity of the Brinkley Estates Subdivision, with revenue from 18 local sources increased accordingly. 19 Adopted by the Council of the City of Virginia Beach, 20 Virginia cn the 9th day of D~_c~_mbmr 2003. CA-9062 Ordin/Noncode/BrinkleyEstatesord.doc RI November 28, 2003 Approved as to Content Management Services Approved as to Legal Sufficiency City Attorney s Office Item V-L. ?. ORDINANCES - 4la - ITEM it 52022 Upon motton by Vtce Mayor Jones, seconded by Councilman Reeve, Ctty Counctl ADOPTED: Ordtnance to APPROVE a Cooperative Agreement between the Ctty Counctl and the School Board re provtston of legal services to the Board by the Office of the Ctty Attorney tn FY 2004 Votmg 10-0 (By Consent) Counctl Members' Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf dtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Council Members Absent Ron A Vtllanueva December 9, 2003 AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE VIRGINIA BEACH SCHOOL BOARD FOR THE PROVISION OF LEGAL SERVICES TO THE BOARD BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2004 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, the Office of the City Attorney provided legal services to the Virginia Beach School Board and School Administration in FY 2003 pursuant to a Cooperative Agreement that was approved by the School Board on December 3, 2002, and by the City Council on January 7, 2003; WHEREAS, the Cooperative Agreement for FY 2003, which expired on June 30, 2003, provides that "[t]his Cooperative Agreement ... may be revised, as necessary, and renewed each fiscal year ..."; WHEREAS, a revised Cooperative Agreement for FY 2004 was approved by the School Board at its meeting of December 2, 2003; and WHEREAS, City Council agrees that it is in the best interests of the City and the School Board for the Office of the City Attorney to continue to provide legal services to the School Board pursuant to the revised Cooperative Agreement for FY 2004. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council hereby approves the Cooperative Agreement for FY 2004, a copy of which is attached hereto as "Exhibit A." COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH FOR LEGAL SERVICES TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2004 Factual Background: 1. City Charter Authority. Chapter 9 of the Charter of the C~ty of V~rg~nia Beach, V~rg~nia ("City Charter") provides that the C~ty Attorney shall be the chief legal advisor of the City Council, the City Manager, and of all departments, boards, commissions and agencies of the City in all matters affecting the interests of the C~ty, and that he shall have such powers and duties as may be assigned by the Council. 2. Appointment of City Attorney. The City Charter also provides that the C~ty Attorney is appointed by the C~ty Council and serves at its pleasure. 3. School Board Authority. The School Board is estabhshed by the Virgima Constitution, the C~ty Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authority to hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virgima (1950), as amended, to employ counsel to advise ~t, and to pay for such advice out of funds appropriated to the School Board. 5. Recognized reasons to share legal services. Both the C~ty Council and the School Board have recogmzed that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the C~ty Attorney's Office ~n C~ty and School Board matters, ~nstitutional memory, and the abihty of the City Attorney's Office to prowde a w~de range of legal services to the Board based upon the expertise of the attorneys in numerous specialized areas of the law. 6. Professional judgment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the ~ndependent professional judgment of the Office of the City Attorney on behalf of ~ts clients. 7. Potential ethical conflicts. The C~ty Council and the School Board recognize that the potential for conflicting interests between the Council and the Board may ar~se and that, in such cases, the City Attorney must refrain from representanon of interests which may conflict. 8. Identification of Conflicts. The C~ty Council and the School Board also recognize that they must work together and w~th the City Attorney to ~dentify any real or perceived potential for conflict at the earliest possible time, advise each other and the C~ty Attorney of any such conflict as soon as it arises so as not to compromise the interests of the C~ty Council or the School Board, and assist the City Attorney in avmding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best ~nterest of the taxpayers of the City for the School Board to continue to use the legal serwces of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney ~s budgeted and staffed to handle assigned legal business of the Board. Ob. iectives: The objective of this Cooperative Agreement is to define the scope and nature of the relauonship between the City Attorney's Office and the School Board, to provide for the delivery of designated legal services to the School Board, and to avoid any real or perceived conflict ~n the delivery of those services. Agreement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the C~ty Attorney will prowde the eqmvalent of two and one half (2 5) full-t~me attorney pos~t~ons (or 4125 hours per year) and one (1) secretarial pos~t~on dunng FY 2004; these services to be prowded as follows A. The City Attorney wall dedicate one attorney on-site at the School Admimstration Building to the School Board and the School Administration who will devote all of her t~me (i.e.,1650 hours per year) to the provision of legal services to the School Board and School Admimstration. For the term of th~s Agreement, that attorney will be Kamala Hallgren Lannett~, Associate City Attorney. B. A second attorney will also be located ~n the School Administration building and will handle primarily School matters but, from t~me to time, may also handle C~ty matters. The School Board and the City Attorney will come to an agreement as to the attorney who will serve as the second on-site attorney. The City Attorney reserves the right to make this assignment. C. The remaining attorney hours will be provided by the other attorneys in the Office, based upon their various areas of expertise with school-related legal issues, and shall include representation in real estate matters, representation of the School Administration in personnel matters, general administrative and procedural issues, and general litigation. The City Attorney's Office will endeavor to handle as many other legal matters in-house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the dedicated attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the members of the Board expresses dissatisfaction with the legal services provided by the dedicated attorneys, or by any other attorney providing services to the Board, the City Attorney will meet with the Board to discuss and evaluate its concerns. Furthermore, if the Board and the City Attorney agree that the most reasonable way to address the Board's concerns is to assign another attorney or other attorneys to represent the Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. 2. Communication and reports. Throughout the term of this Agreement, the Office of the City Attorney wall maintain an open line of communication w~th the Board and the D~vis~on Superintendent, and will keep them apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the C~ty Attorney shall not commumcate with the Division Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual Board members in accordance with applicable Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of the C~ty Attorney will provide the Supenntendent and the School Board a quarterly report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the Board, the Board Chmrman, or the Superintendent, will identify the amount of attorney hours expended in response to ~nquiries from individual Board members. 3. Management of legal affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by th~s Agreement, the C~ty Attorney shall be designated as the chief legal advisor of the Board and the School Administration, and shall assist the Board and Administration in the management of the Board's legal matters; and that the City Attorney shall report to the Board concerning those matters he has been assigned by the Board to manage and/or handle on its behalf. 4. Ethical conflicts concerning representation of parties. The C~ty Council and the School Board recogmze the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in adws~ng the City Attorney of such ~ssues as they arise. Additionally, the City Councd and the School Board understand that in such cases, the City Attorney will refrain from partic~panon on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, wall continue representation of the City Council. 5. Ability to provide legal services. The C~ty Council and the School Board further recogmze that the ability of the C~ty Attorney's Office to provide legal serwces to the School Board is limited by the attorney hours allocated pursuant to th~s Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by rather party but ~s rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attomey wall provide legal services to the School Board and School Administration. 7. Payment for services. The City shall forward to the School Board IDT requests in the amount of $253,302.16 from its FY 2004 Operating Budget to the FY 2004 Operating Budget of the Office of the C~ty Attorney to fund the annual salaries, benefits, and certain administrative costs of two and one half (2.5) attorneys and one (1) Legal Secretary. IDT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 8. Term and termination of Agreement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2003 and ends June 30, 2004 and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. SCHOOL BOARD OF CITY OF VIRGINIA BEACH By: Daniel D. Edwards Chairman CITY COUNCIL, CITY OF VIRGINIA BEACH By: Meyera E. Oberndorf, Mayor School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on ,2003. By: School Board Clerk City Council of the City of V~rg~nia Beach: This Cooperative Agreement was approved by majority vote of the City Councd of the City of Virginia Beach, V~rg~ma on ,2003. By: City Clerk - 42 - Item V-M. PLANNING ITEM # 52022 1. STEPHEN WRA Y O'NEAL EXPANSION OF A NON- CONFORMING USE 2. BERKSHIRE-HUDSON CAPITAL, XI, LLC CONDITIONAL CHANGE OF ZONING CHANGE OF ZONING 3. PHIL M. BONIFANT CONDITIONAL USE PERMIT 4. K.A.H. PROPERTIES, L.L. C. CONDITIONAL USE PERMIT 5. MAR VIN M. AND GA YLE B. ROLLINS CONDITIONAL USE PERMIT 6. KEMPSVILLE-CENTER VILLE ASSOCIATES, L.L. C. MODIFICATION to a CONDITIONAL USE PERMIT (Approved by City Council 2/11/03) CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 7. HOLLIS ROAD ASSOCIATES CONDITIONAL CHANGE OF ZONING & SIL VER-HILL SALEM, L.L.C. CONDITIONAL CHANGE OF ZONING AND, CONDITIONAL USE PERMIT 9. PUNGO INVESTORS, INC. SUBDIVISION VARIANCE AND, CONDITIONAL USE PERMIT 10. MICHAEL CARR CONDITIONAL USE' PERMIT December 9, 2003 - 43 - Item V-M. PLANNING ITEM # 52022 (Continued) 11. ASHVILLE PARK, L.L.C. STREET CLOSURE CONDITIONAL CHANGE OF ZONING SUBDIVISION VARIANCE 12. ALCAR, L.L.C. CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 13. CA VALIER GOLF AND YACHT CLUB CONDITIONAL USE PERMIT 14. CITY OF VIRGINIA BEACH CHESAPEAKE BAY PRESER VA TION AREA ORDINANCE Sec. 5.1 O, 6.1 and 6. 3~Subdivision Ordinance, Appendix B Site Plan Ordinance, Appendix C Appendix X- TRANSITION R ULES Sec. 2-452. I/Chapter 2: Boards/ Commissions and Committees December 9, 2003 - 44 - Item V-M. PLANNING ITEM # 52023 Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, City Counctl APPROVED IN ONE MOTION Items 1, 2a b, 3, 4, 5, 9, 11 (Deferred) and 12 (Deferred)of the PLANNING BYCONSENT AGENDA Items 11 and 12 were DEFERRED, BY CONSENT, sixty (60) days unttl the City Counctl Sesston of February 24, 2004 Votmg 10-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, 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 Mayor Oberndorf and Counctlman Schmtdt voted a VERBAL NAY on Item M 9 (Pungo Investors, Inc) Relative Item M 2 (Berkshtre-Hudson Capttal, Al, LLC), Vtce Mayor Jones DISCLOSED Pursuant to Confltct of Interests Act 3q 2 2-3115 (H) he ts owner and prestdent of Holloman-Brown Funeral Home, Inc, and Holloman-Brown has entered into a contract to sell to Berkshtre-Hudson a parcel of property located at the tntersectton of Independence Boulevard and Salem Road The Ctty Attorney has advtsed that thts purchase ts unrelated and wtll not be affected by, Berkshtre-Hudson 's apphcatton wtth respect to the Kellam and Eaton property Vtce Mayor Jones does not have a personal tnterest tn the transaction tnvolvtng Berkshtre-Hudson Capttal Al, L L C's apphcatton for a change of zontng and may parttctpate and vote on thts transaction Correspondence of December 2, 2003, ts hereby made a part of the record Counctl Lady Wtlson DISCLOSED Pursuant to Confltct of Interests Act 3~ 2 2-3115 (H) her husband ts a prtnctpal tn the accounttng firm of Goodman and Company and earns compensatton whtch exceeds $10,000 O0 annually Goodman and Company provtdes servtces to ALCAR, , L L C (Item M 12) Her husband does not personally provtde servtces to ALCAR, L L C The Ctty Attorney has advtsed that although she has a personal tnterest tn the transactton, because her husband does not personally provtde servtces to ALCAR, L L C, she may parttctpate wtthout restrtctton tn Ctty Counctl's dtscusston of and vote on, the ordtnance, upon dtsclosure Counctl Lady Wtlson 's letter of October 28, 2003, ts hereby made apart of the record December 9, 2003 - 45 - Item V-M. 1. PLANNING ITEM it 52024 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, City Counctl ADOPTED the Resolutton upon apphcatton of STEVEN }FRAY O'NEAL for the expanston of a Nonconforming_ Use Resolutton upon apphcatton of Steven Wray 0 'Neal for the Expansion o_f a Nonconformtng Use on property located at 420 Davts Street (GPIN 1467490320) DISTRICT 4 - BA YSIDE The followtng condtttons shall be reqmred 1 Theproposed addttton shall not exceed the hetght of the extsttng dwelhng on the property 2 Theproposed addttton 'sfootprtnt shall be hmtted tn stze to 1,400 square feet, as shown on the plan The extsttng accessory structure, conststtng of a carport and a one (1) story frame structure, both deptcted on the submttted plan, shall be removed as tndtcated on the submttted plan prtor to the tssuance of a final Occupancy Permtt for the addttton 4 The proposed addttton shall be no closer than the extsttng structure to any stde property hne The proposed addttton shall be constructed ofbmldtng matertals that are complementary tn style and color to the extsttng structure I/ottng 10-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members l/ottng Nay None Counctl Members Absent Ron A Vtllanueva December 9, 2003 A RESOLUTION AUTHORIZING THE EXPANSION OF A NONCONFORMING USE FOR THE ADDITION TO A NONCONFORMING DWELLING UNIT ON PROPERTY LOCATED AT 420 DAVIS STREET, IN THE KEMPSVILLE DISTRICT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, Steven Wray O'Neal, (hereinafter the "Applicant"), has made application to the City Council for authorization to expand a nonconforming use for an addition to a nonconforming dwelling unit on a certain lot or parcel of land having the address of 420 Davis Street, in the B-2 Community Business District; and WHEREAS, the said use is nonconforming because the B-2 Zoning District regulations do not allow single-family dwellings; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement of a nonconforming use is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed use, as expanded, will be equally appropriate or more appropriate to the zoning district than is the existing use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed use, as expanded, will be equally appropriate to the district as is the existing use. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed addition to the Applicant's nonconforming dwellmng unmt is hereby authorized, upon the followmng conditions: 1. The proposed addition shall not exceed the height of the existing dwelling on the property. 2. The proposed addition's footprint shall be limited in size to 1,400 square feet, as shown on the plan. 3. The ex~st~ng accessory structure, consisting of a carport and a one (1) story frame structure, both depicted on the submitted plan, shall be removed as indicated on the submitted plan prior to the · ssuance of a final Occupancy Permit for the addition. 4. The proposed addition shall be constructed of building materials that are complementary in style and color to the existing structure. 45 46 Adopted by the Council of the City of Virginia Beach on the 9th day of December , 2003. CA-8985 bkw/work/noncononeal.wpd R-2 -November 25, 2003 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I /~ N/F 19,5 ASSOCIATES m. (~) 79' W Z ON LINE LOT X I =L LOT Y CAR PORT ,.,. c ~\ PIN (F) o N 33'02'00' E 80.00' DAVIS STREET 50' LOT Z PIN = 1.35 60' TO VA REACH BI. VD Change to a Non-Conforming Use STEPHEN WRAY O'NEAL Page 7 - 46- Item V-M. 2. PLANNING ITEM # 52025 Upon morton by Vtce Mayor Jones, seconded by Councdman Wood, Ctty Counctl, Ctty Counctl ADOPTED Ordmances upon apphcatton of BERKSHIRE-HUDSON CAPITAL, XI, LLC. for Changes of Zomng ORDINANCE UPON APPLICATION OF BERKSHIRE-HUDSON CAPITAL, XI, LLX FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FR OM B- 1 NEIGHBORHOOD BUSINESS DISTRICT, B-2 COMMUNITY BUSINESS DISTRICT AND A G-2 AGRICULTURAL DISTRICT WITH HISTORIC AND CULTURAL DISTRICT 0 VERLA YS TO CONDITIONAL B-2 ZO12031168 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Apphcatton of Berkshtre-Hudson Capttal, XI, LLX for a Change ofZomng Dtstrtct Classtficatton from B-1 Netghborhood Bustness Dtstrtct, B-2 Commumty Bustness Dtstrtct and AG-2 Agrtcultural District with Historic and Cultural Dtstrtct Overlays to Conditional B-2 Communtty Bustness Dtstrtct wtth a Htstortc and Cultural Dtstrtct Overlay on property located east of the tntersectton of Prtncess Anne Road and North Landtng Road, begtnmng at a potnt approxtmately 410 feet north of Courthouse Drtve (GPIN 14949262400000, 24040127070000, 14949284550000, a portton of 24033828050000, and a portton of 24040232540000) The Comprehenstve Plan recommends use of this property for approprtate growth opportuntttes conststent wtth the economtc vttahty pohctes of the Ctty of Vtrgtnta Beach DISTRICT 7- PRINCES5' ,4NNE ORDINANCE UPON APPLICATION OF BERKSHIRE-HUDSON CAPITAL XI, L L C FOR A CHANGE OF ZONING DISTRICT CL A $SIFI CA TIO N FR 0 M B- 2 C 0 MM UNITY B USINE S S D IS TRI C 7' WITH HISTORIC AND CULTURAL DISTRICT 0 VERLA Y T0,4 G-2 AGRICULTURAL DISTRICT WITH HISTORIC AND CULTURAL DISTRICT 0 VERLA Y ZO12031169 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Orchnance upon Apphcatton of Berkshtre-Hudson Capttal XI, L L C for a Change of Zontng Dtstrtct Classtficatton from B-2 Communtty Bustness Dtstrtct wtth Htstortc and Cultural Dtstrtct Overlay to A G-2 Agrtcultural Dtstrtct wtth Htstortc and Cultural Dtstrtct Overlay on property located on the east side of Princess Anne Road, approximately 450feet east of the tntersectton wtth Prtncess Anne Road, and, on the east stde of Princess Anne Road, approxtmately 850feet north of Courthouse Drtve (GPINS 2404012707, 2404023254) DISTRICT 7- PRINCESS ANNE December 9, 2003 -47- Item V-M.2. PLANNING ITEM # 52025 (Continued) The followtng conchtton shall be requtred I Agreement encompassmg proffers shall be recorded wtth the Clerk of Ctrcutt Court These Ordtnances shall be effecttve tn accordance wtth Sectton 107 09 of the Zonmg Ordmance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Ntnth of December, Two Thousand Three Votzng 10-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Council Members Vottng Nay None Counctl Members Absent Ron A Vtllanueva Vtce Mayor Jones DISCLOSED Pursuant to Confltct of Interests Act 3~ 2 2-3115 (H) he ts owner and prestdent of Holloman-Brown Funeral Home, Inc , and Holloman-Brown has entered tnto a contract to sell to Berkshtre-Hudson a parcel of property located at the tntersectton of Independence Boulevard and Salem Road The Ctty Attorney has advtsed that thts purchase ts unrelated and wtll not be affected by, Berkshtre- Hudson's apphcatton wtth respect to the Kellam and Eaton property Vtce Mayor Jones does not have a personal tnterest ~n the transactton tnvolvtng Berkshtre-Hudson Capttal XI, L L C 's apphcatton for a change of zomng and mayparttctpate and vote on thts transactton Correspondence of December 2, 2003, ts hereby made a part of the record December 9, 2003 City of Virginia Beach LESLIE L LILLEY CITY ATTORNEY MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH VA 23456-9004 (757) 427-4531 FAX (757) 426-5687 TDD (757) 427-4305 In Reply Please Refer to OP-835 December 2, 2003 Vice-Mayor Lores R. Jones V~rg~nia Beach City Councd Mummpal Center V~rg~ma Beach, VA 23456 Re: Request for Conflict of Interests Act Op~mon Dear V~ce-Mayor Jones: I am writing ~n response to your request for an op~mon as to whether you are precluded from participating ~n C~ty Councd's d~scuss~on of, and vote on, Berkshire-Hudson Capital XI, L.L.C.'s apphcat~on for a change of zomng for the Kellam and Eaton property. SUMMARY CONCLUSION Based on my review of the State and Local Government Conflict of Interests Act and the facts provided by you, I am of the opimon that you do not have a personal ~nterest ~n the transaction ~nvolwng Berkshire-Hudson Capital XI, L.L.C.'s apphcat~on for a change ofzomng. Therefore, you may part~clpate w~thout restriction ~n C~ty Councd's d~scuss~on of, and vote on, th~s transaction. I base the aforesmd conclusion on the following facts which you have presented. Please rewew and verify the accuracy of the facts set forth here~n as you may only rely upon th~s op~mon to the extent that those facts are complete and accurate. Vice-Mayor Jones -2- December 2, 2003 FACTS PRESENTED Berkshire-Hudson Capital XI, LLC ("Berkshire-Hudson") has applied for a change in zomng for property, known as the Kellam and Eaton property, which is located at the intersection of Independence and North Landing Road. You have advised that your concem and reason for requesting this opinion arise out of the fact that you are the owner and president of Holloman-Brown Funeral Home, Inc. ("Holloman- Brown"), and Holloman-Brown has entered ~nto a contract to sell to Berkshire-Hudson a parcel of property located at the intersection of Independence Boulevard and Salem Road ("Salem Road property"). Th~s purchase ~s unrelated to, and will not be affected by, Berkshire-Hudson's apphcat~on w~th respect to the Kellam and Eaton property ISSUE PRESENTED May you partimpate ~n C~ty Council's discussion of, and vote on, Berkshire-Hudson Capital XI, L.L.C.'s apphcatlon for a change of zoning for the Kellam and Eaton property9 DISCUSSION/CONCLUSION The State and Local Government Conflict of Interests Act 1s set forth in § 2.2-3100 et seq. of the Code of Virginia (1950), as amended. The primary focus of the Act ~s on the personal interests of an officer or employee of state or local govemment in the transactions of, and contracts with, the governmental or advisory agency of which he or she IS a member. Based on the defimtions set forth in the Act, you have a "personal interest''~ in Holloman- Brown by virtue of your ownership interest which exceeds three percent of its total equity The critical ~nquiry, therefore, is whether, because of your personal interest in Holloman-Brown, you ~ "'Personal interest' means a financial benefit or habfllty accrmng to an officer or employee or a member of h~s immediate family. Such interest shall ernst by reason of (1) ownership in a business ~f the ownership interest exceeds three percent of the total eqmty of the business, (n) annual income that exceeds, or may reasonably be anticipated to exceed, $10,000 from ownership in real or personal property or a bus~ness, (nl) salary, other compensation, fnnge benefits, or benefits from the use of property or any combination thereof, prod or provided by a bus~ness or governmental agency that exceeds, or may reasonably be anticipated to exceed, $10,000 annually, (iv) ownership of real or personal property ~fthe interest exceeds $10,000 in value and excluding ownership in a bus~ness, ~ncome, or salary, other compensation, fringe benefits or benefits from the use of property, (v) personal habfl~ty ~ncurred or assumed on behalf of a business if the liability exceeds three percent of the asset value of the business; or (vi) an option for ownership of a business or real or personal property ~f the ownership interest will consist of 0) or 0v) above "Va Code § 2.2-3101 Vine-Mayor Jones -3- December 2, 2003 have a "personal interest in a transaction''2 with respect to Berkshire-Hudson's application for a change ~n zoning for the Kellam and Eaton property. Holloman-Brown ~s not the subject of the transaction. Therefore, the perhnent ~nqmry in the "personal ~nterest in a transaction" analys~s is whether Holloman-Brown may reahze a d~rect or ~ndlrect benefit or detriment as a result of City Council' s consideration of the rezonlng application. Berkshire-Hudson's contract to purchase the Salem Road property from Holloman-Brown is unrelated to its rezonmg application for the Kellam and Eaton property. The sale contract with Holloman-Brown ~s not contingent upon, and wtll not be affected by, C~ty Councd's deciston w~th respect to the requested change ~n zomng. Thus, it ~s not reasonably foreseeable that Holloman- Brown would realize a benefit or detriment as a result of th~s transaction, and you therefore do not have a personal interest ~n the transaction. Accordingly, you may participate without restriction in City Councd's discussion of, and vote on, the rezomng apphcat~on As a final note, the Conflict of Interests Act deals with the types of influences upon a public officer's judgement which are clearly ~mproper. The law does not, however, protect agmnst all appearances of improper ~nfluence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of ~mpropnety which ~s unacceptable or which could affect the confidence of the public ~n the officer's abd~ty to be ~mpartial. Please contact me should you desire any additional ~nformatlon. Very truly yours, Lesl~ C~ty Attorney LLL/RRI 2 "'Personal ~nterest ~n a transaction' means a personal ~nterest of an officer or employee in any matter considered by h~s agency Such personal interest exists when an officer or employee or a member of h~s ~mmed~ate family has a personal interest ~n property or a business or a governmental agency, or represents or promdes servmes to any ~ndlwdual or business and such property, bus~ness, or represented or served lnd~wdual or business 0) ~s the subject of the transaction or (u) may reahze a reasonably foreseeable d~rect or ~ndlrect benefit or detriment as a result of the action of the agency considering the transaction "Va Code § 2 2-3101 - 48- Item V-M.$. PLANNING ITEM # 52026 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED an Ordtnance upon Apphcatton of Phil M. Bonifant for a Con&ttonal Use Permtt ORDINANCE UPON APPLICATION OF PHIL M BONIFANT FOR A CONDITIONAL USE PERMIT FOR A COUNTRY INN ROI 2031150 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Phtl M Bomfant for a Condtttonal Use Permtt for a country tnn on property located at 2252 Indtan Rtver Road (GPIN 24034185340000) DISTRICT 7- PRINCESS ANNE The followtng condtttons shall be requtred A Certtficate of Occupancy for the change of use must be obtatned from Permtts and Inspecttons prtor to operattng the restdence as a Country Inn A Tourtst Estabhshment Permtt and a permttfor the swtmmtng pool must be obtatned from the Vtrgtnta Beach Department of Pubhc Health The development of the stte shall substanttally adhere to the stte plan entttled "Stte Plan for Use Permtt, Parcel B-1 ", prepared by Bontfant Land Surveys, dated August 10, 2003 The stte plan has been exhtbtted to Ctty Counctl and ts on file tn the Planning Department 4 The Country Inn ts hmtted to two guest rooms Food and beverage servtce ts hmtted to conttnental breakfast on weekdays, full breakfast servtce on weekends and comphmentary snacks and beverages Food and beverage service ts hmtted to guests only and tn no event shall seattng capactty exceed twenty- five persons, tncludtng lodgtng guests A landscape plan shall be prepared by a landscape professtonal and submttted for revtew by Current Planntngfor the addtttonal landscaptng proposed tn front of the dwelhng and along the new fence hne The landscape plan must be approved prtor to tssuance of a Certtficate of Occupancy December 9, 2003 Item V-M. 3. PLANNING - 49 - ITEM # 52026 (Continued) Theproposed fence ts shown at five (5)feet tn hetght The zoning ordtnance does not allow a fence over four (4)feet tn hetght wtthtn fifiy (50) feet of the rtght-of-way tn Agrtcultural Dtstrtcts The apphcant shall etther reduce the hetght of the fence to 4feet or obtatn a Board of Zontng Appeals vartance to allow the fence as shown on the stte plan This Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordmance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Ntnth of December, Two Thousand Three Vottng 10-0 (By ConsenO Counctl Members' Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Voting Nay None Counctl Members Absent Ron A Vtllanueva December 9, 2003 - 50- Item V-M. 4. PLANNING ITEM # 5202 7 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED an Ordtnance upon Apphcatton of K. A.H. Properties, L.L.C. for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF K.A.H. PROPER TIES, L.L.C. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND SER VICE R012031151 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton ofK. A.H. Properties, L.L.C. fora Conchttonal Use Permit for motor vehtcle sales and servtce on property located at 3112 Vtrgtnta Beach Boulevard (GPIN 149 7153 7000000) DISTRICT 5 - L YNNHA VEN The following con&ttons shall be reqmred The stte shall be developed substanttally tn accordance wtth the submtttedplan tttled "Conceptual Stte Layout & Landscape Plan of HALL PROPERTY, Vtrgtnta Beach Boulevard and Ktngs Grant Road, Vtrgtma Beach, VA ", dated 10/20/03 and prepared by MSA, P C Satdplan has been exhtbtted to the Vtrgtnta Beach Ctty Counctl and ts on file tn the Ctty of Vtrgmta Beach Planntng Department The proposed butldtng shall be constructed substanttally tn accordance with the submitted plan tttled "Conceptual Elevattons of HALL PROPERTY", Vtrgmta Beach Blvd &Ktngs Grant Road", prepared by Porterfield Destgn Center Satd plan has been exhtbtted to the Vtrgtnta Beach Ctty Counctl and ts on file tn the Ctty of Vtrgtnta Beach Planntng Department The stte shall be permttted a monument style freestandtng stgn, no more than ten (lO)feet tn height, and two (2) butldmg stgns, tn accordance with the Ctty Zontng Ordinance There shall be no other stgns, neon stgns or neon accents tnstalled on any wall area of the extertor of the butldmg, wmdows or doors, hghtpoles or any other portton of the stte There shall be no pennants, streamers, balloons, portable stgns or banners &splayed on the stte or the vehtcles December 9, 2003 Item V-M. 4. PLANNING - 51 - ITEM # 5202 7 (Continued) Parking for customers, staff, and vehtcle &splay areas shall be dehneated on the stte plan submttted for revtew to the Development Servtces Center of the Planntng Department Vehicles shall be parked within the destgnated areas, and no vehicles shall be parked or &splayed wtthtn any portion of the pubhc rtght-of-way No vehtcles shall be &splayed on ramps Vehtcles shall not be used as barrters to prevent tngress or egress of the stte Storage of vehicles awatttng sale shall not obstruct Ftre Department access to the stte 6 No outstde pagtng or loudspeaker system shall be permttted All outdoor hghttng shall be shtelded to dtrect hght and glare onto the premtses, satd hghttng and glare shall be deflected, shaded, and focused away from adjoining property Outdoor hghttng fixtures shall not be erected any htgher than fourteen (14)feet The two (2) eastern most entrances on Vtrgtnta Beach Boulevard and the southern most entrance on Kings Grant Road shall be closed Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Ntnth of December, Two Thousand Three Voting 10-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Voting Nay None Council Members Absent Ron A Vtllanueva December 9, 2003 - 52 - Item V-M. 5. PLANNING ITEM # 52028 Upon motion by Vtce Mayor Jones, seconded by Councdman Reeve, Ctty Councd ADOPTED an Ordinance upon Apphcatton of MARVIN M. & GA YLE B. ROLLINS for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF MARVIN M. & GAYLE B. ROLLINS FOR A CONDITIONAL USE PERMIT FOR ALTERNATIVE RESIDENTIAL DEVELOPMENT R012031152 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordmance upon Apphcatton of Marvin M. & Gaffe B. Rollins for a Condtttonal Use Permtt for alternattve restdenttaI development on property located at 480 Prtncess Anne Road (GPIN 23182421970000) DISTRICT 7- PRINCESS ANNE The followtng con&ttons shall be reqmred The property shall be subdtvtded tnto not more than stx (6) restdenttal parcels and one (1) addtttonal restdual parcel to be used for agrtcultural purposes only, substanttally as deptcted on the plan entttled "Prehmtnary Subdtvtston of Cypress Grove" dated October 10, 2003 and prepared by Gallup Surveyors and Engtneers, Ltd Thts plan has been exhtbtted to Ctty Counctl and ts on file tn the Planntng Department A protecttve buffer shall be provtded adjacent to the on-going agrtcultural operation along the northern property hne of Lots 3 and 6, the western property hne of Lots 3 and 4, and the eastern property hne of Lots 2 and 6 The buffer shall be fifty (50) feet tn wtdth The first twenty-five (25)feet of such area adjacent to an on-gotng agrtcultural operatton shall be heavily planted with a mtxture of grasses and low growtng tndtgenous shrubs, and the second twenty-five (25)feet of such area adjacent to the structure shall be planted wtth a double row of trees with a mtntmum cahper of 1~ tnches and should be centered no more than thtrty (30)feet apart Such trees shall constst ora mtxture of deciduous and evergreen The requtred buffers' shall be planted prtor to occupancy of the restdenttal lots A statable legal tnstrument restricting the development of the property to no more than six (6) restdenttal lots shall be submttted wtth the final subdtvtston plat and shall be recorded tn the Clerk's Office of the Ctrcutt Court The content and form of such tnstrument shall be acceptable to the Ctty Attorney December 9, 2003 Item V-M. 5. - 53 - PLANNING ITEM # 52028 (Continued) This Ordmance shall be effective tn accordance with Section 107 09 of the Zontng Or&nance Adopted by the Councd of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Ntnth of December, Two Thousand Three Votmg 10-0 (By ConsenO Councd 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 Wdson and James L Wood Councd Members Yottng Nay None Councd Members Absent Ron A Vtllanueva December 9, 2003 - 54 - Item V-M. 6. PLANNING ITEM # 52029 Attorney R Edward Bourdon, Pembroke One Butldtng, 5th Cloor~ Phone 499-8971, represented the apphcant Upon motzon by Counctlman Dtezel, seconded by Councdman Schmtdt, Ctty Counctl ADOPTED Ordtnances upon Apphcatton of KEMPSVILLE-CENTER VILLE ASSOCIA TES, L.L. C. fora Condtttonal Change of Zontng, Condtttonal Use Permtt and MODIFIED a Conditional Use Permtt (Approved by Ctty Counctl February 11, 2003) The apphcant ts propostng to incorporate a 1 54-acre parcel tnto a stte prevtously approved for a mmt-storage facthty ORDINANCE UPON APPLICA TION OF KEMPSVILLE/CENTER VILLE ASSOCIATES, L L C FOR A MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON FEBR UAR Y 11, 2003 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Kempsvdle/Centervdle Assoctates, L L C for a Mo&ficatton of Condmons for a Condtttonal Use Permtt approved by City Counctl on February 11, 2003 Property ts located at 2001 Centervtlle Turnptke (GPIN 1455900384) DISTRICT 1 - CENTER VILLE ORDINANCE UPONAPPLICA TION OF KEMPSVILLE-CENTER VILLE ASSOCIATES, L.L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FR OM R- 5 D RESIDENTIAL DUPLEX DISTRICT TO CONDITIONAL B-2 COMMUNITY BUSINESS DISTRICT Z012031170 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Kempsville-Centerville Associates, L.L. C. for a Change of Zontng Dtstrtct Classtficatton from R-SD Restdenttal Duplex Dtstrtct to Condmonal B-2 Commumty Bustness District on property located at 2001 Centervtlle Turnpike (GPIN 1455900384) The Comprehenstve Plan recommends use of thts property for restdenttal uses above 3 5 dwelhng untts per acre DISTRICT 1 - CENTER VILLE The followtng con&tton shall be requtred Agreement encompasstng proffers shall be recorded with the Clerk of the Ctrcutt Court and ts hereby made a part of the record December 9, 2003 - 55- Item V-M. 6. PLANNING ITEM # 52029 (Continued) AND, ORDINANCE UPON APPLICA TION OF KEMPSVILLE-CENTER VILLE ASSOCIATES, L L C FOR A CONDITIONAL USE PERMITFOR A MINI- WAREHOUSE FACILITY R012031153 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Kempsvtlle-Centervtlle Assoctates, L L C for a Condtttonal Use Permtt for a mmt-warehouse facthty on properO, located at 2001 Centervdle rurnptke (GPIN14559003840000) DISTRICT 1 - CENTER VILLE The followtng condtttons shall be requtred When the property ts developed, tt shall be developed substantially as shown on the exhtbtt entttled, "Layout and Landscape Plan for Addttton to 'AAAA' Self Storage, 1940 Kempsvtlle Road, Vtrgtnta Beach, Vtrgtnta, "prepared by Land Destgn and Development, Inc, dated August 8, 2003 One spectfic exceptton ts all structures on the property shall adhere to the requtred setbacks from the ulttmate rtght-of-way of Centervtlle Turnptke as outhned tn the Master Transportatton Plan The archttectural destgn elements and extertor bmldtng matertals shall be substanttally tn conformance wtth those deptcted on the elevatton entttled "AAAA Self Storage, Vtrgtnta Beach, Vtrgtnta, "prepared by Andre Marquez Archttects, dated September 26, 2002 The tnternal property hne shall be vacated prtor to the tssuance of a butldtng permttfor the constructton of the proposed mtnt- warehouse facthty The location of any and all dumpsters proposed shall be depicted on the final stte plan and shall not be located tn close proxtmtty to any restdenttally zoned property Locatton to be revtewed at final stte plan revtew and approved by the Planmng Dtrector or hts destgnee Screemng and landscaptng shall be provtded surroundtng all dumpsters so that dumpsters are shielded from vtew from all adjacent properttes Satd screenmg and landscaptng shall conform to the requtrements found tn the Ctty of Vtrgtnta Beach Parking Lot and Foundatton Landscaptng gutde December 9, 2003 Item V-M. 6. - 56- PLANNING ITEM tt 52029 (Continued) Anyfreestandtng stgn shall be monument style wtth a brtck base that matches the brtck deptcted on buddtng elevatton referenced tn Condttton 2 Such stgn shall not exceed a hetght of etght (8) feet and shall be externally ht from ground level The hours that the mtnt-warehouse may be open for customers access to the storage untts shall be hmtted to the 6 O0 a m to 900pm All exterior hghttng shall be low tntenstty and restdenttal tn character and shall not be erected any htgher than fourteen (14) feet Accordtng to Sectton 237 of the Ctty Zontng Ordtnance, all outdoor ltghttng shall be shtelded to dtrect hght and glare onto the mtnt-warehouse facthty Satd hghttng and glare shall be deflected, shaded and focused away from all adjotmng properttes All fenctng vtstble from either a pubhc rtght-of-way or from the adjacentparcels to the southwest shall be wrought tron-style No barbed wtre, razor wtre or any other fenctng devtces shall be mstalled on the roof or walls of the butldtng or on the fence on the property 9 No storage offlammable or hazardous matertals shall be stored tn an)' untt 10 There shall be no electrtc or chesel power generator or generator fueled by any other source of energy located outside of any bmldtng 11 Drtve atsles shall be at least etghteen (18( feet wtde to accommodate emergency apparatus 12 No on-stte bustness shall be conducted from any storage untt 13 The umts shall be used only for the storage of goods The untts shall not be used for office purposes, band rehearsals, or any other purpose not consistent with the storage of goods No pubhc assembly or contmuous occupancy of the untts shall be permttted These Ordinances shall be effective tn accordance with Sectton 107 (]) of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Ntnth of December, Two Thousand Three December 9, 2003 -57- Item V-M 6 PLANNING ITEM # 52029 (Conttnued) Vottng 8-2 Counctl Members I/ottng Aye Harry E Dtezel, Vtce Mayor Louts R Jones, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members I/ottng Nay Margaret L Eure and Reba S McClanan Counctl Members Absent Ron A Vtllanueva December 9, 2003 FORM NO P S 1 B _ OUR City o£ Virginia Reach In Reply Refer To Our File No DF-5804 DATE: November 25, 2003 TO: Leslie L. Lilley DEPT: City Attomey FROM: B. Kay WilsonX3"q DEPT: City Attorney Conditional Zoning Application Kempsville-Centerville Associates, L.L.C. & George W. & Joyce R. Doyle The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 9, 2003. I have reviewed the subject proffer agreement, dated August 26, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY SYIS~S. ]~OUt~DON. GEORGE W. DOYLE and JOAN R. DOYLE, husband and wife and KEMPSVILLE-CENTERVILLE ASSOCIATES, L. L C., a Virg~ma company limited liab~hty TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth Vzr~nla of THIS AGREEMENT, made th~s 26th day of August, 2003, by and between GEORGE W. DOYLE and JOAN R. DOYLE, husband and wife, parties of.the first part and KEMPSVILLE-CENTERVILLE ASSOCIATES, L.L.C., a V~rginia limited hab~lity company, party of the second part, herein collectively referred to as Grantors; and THE CITY OF VIRGINIA BEACH, a mummpal corporation of the Commonwealth of Virginm, Grantee, party of the third part. WITNESSETH: WHEREAS, the parties of the first part are the owners of a parcel of property located m the Centerville District of the City of Virginia Beach, containing approxamately 1.54 acres as described in Exhibit "A' attached hereto and incorporated herren by this reference. The parcel described in Exhibit "A" ~s hermnafter referred to as the ~Property'; and WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virgmm, by petation addressed to the Grantee, so as to change the Zoning Classification of the Property from R-5D Residential District to Conditional B-2 Commumty Bumness District; and WHEREAS, the Grantee's policy is to prowde only for the orderly development of land for various purposes through zomng and other land development legislation; and GPIN: 1455-90-0384 PREPARED BY ~11:] §YI~ES. t~OURDON. '~£ '[RN & L~vY. pc WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit diffenng uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certmn reasonable condmons governing the use of the Property for the protection of the commumty that are not generally applicable to land similarly zoned are needed to cope v~th the s~tuation to which the Grantors' rezonmg application g~ves rise; and WHEREAS, the Grantors have voluntarily proffered, m writing, ~n advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zomng Map, in addition to the regulations provided for the I3-2 Zomng District by the emstmg overall Zoning Ordinance, the following reasonable conditions related to the phymcal development, operation, and use of the Property to be adopted as a part of smd amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the rezomng and the need for which is generated by the rezomng. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representataves, assigns, Grantees, and other successors in title or interest, voluntarily and without any requrrement by or exactzon from the Grantee or its governing body and without any element of compulsion or qmd pro quo for zoning, rezoning, site plan, building permit, or subdivumon approval, hereby makes the follovang declaratzon of conditions and restnctaons which shall restrict and govern the physical development, operatzon, and use of the Property and hereby covenants and agrees that this declaration shall constatute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representauves, asmgns, Grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "LAYOUT AND LANDSCAPE PLAN FOR ADDITION TO 'AAAA' SELF STORAGE 1940 KEMPSVILLE ROAD, VIRGINIA BEACH, VIRGINIA", dated August 8, 2003, prepared by Land Design and Development, Inc., which has been exhibited to the V~rginia Beach C~ty Council and PREPARED BY §YI<[$. t~OURDON. qE~N 8, LDry. P c is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Site Plan"). 2. The external building materials and architectural design elements of the budding shall be those depicted and described on the elevation entitled, "AAAA Self Storage, Virginia Beach, Virginia", prepared by Andrew Marquez, Architects, dated September 26, 2002, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevatton"). 3. All exterior lighting shall be low intensity and residential in character and shall not be erected above fourteen feet (14) in height. In accordance with Section 237 of the City Zoning Ordinance, all outdoor lighting shall be shielded to direct light and glare onto the mini-storage facility. Said hghting and glare shall be deflected, shaded and focused away from all adjoining properties. 4. Further conditions may be reqmred by the Grantee dunng detailed Site Plan review and adminmtrat~on of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditaons. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substanttally revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Vlrgtnia, and executed by the record owner of the Property at the time of recordataon of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolutton adopted by the governing body of the Grantee, after a pubhc hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Smd ordinance or resolution shall be recorded along with smd PREPARED BY ~1[~ $YI~t;$, t~OURDON ~'~ ' qE~N a LEVY. P C Instrument as conclusive evidence of such consent, and if not so recorded, said xnstrument shall be void The Grantors covenant and agrees that: (1) The Zoning Admimstrator of the City of VLrgima Beach, Virginia, shall be vested vath all necessary authority, on behalf of the govermng body of the City of %rginia Beach, Virginia, to administer and enforce the foregoing conditaons and restricttons, includxng the authority (a) to order, m writing, that any noncompliance wxth such conditaons be remedied, and (b) to bring legal actaon or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constatute cause to deny the issuance of any of the required bmlding or occupancy permits as may be appropriate; (3) If aggrieved by any decimon of the Zomng Administrator, made pursuant to these provimons, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the exxstence of conditxons attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for pubhc inspection m the office of the Zomng Adminxstrator and m the Planning Department, and they shall be recorded in the Clerk's Office of the Crrcuit Court of the City of Vrrginia Beach, V~rginm, and indexed in the names of the Grantors and the Grantee. PREPARED BY §YI(ES, t~OURDON. '~ qERN & LEVY. P C WITNESS the following mgnatures and seals: GRANTORS: George W. Doyle (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t' The foregoing xnstrument was acknowledged before me this -~-.,~r~day of August, 2003, by George W. Doyle and Joan R. Doyle, husband and wife. Notary Public My Commission Expires: PREPARED BY §YI([S. P0URDON '~[~N &LEVY ~c WITNESS the followung signature and seal: GRANTOR: Kempsvflle-Centerville Associates, L.L.C., a Vxrgima Limited habihty company o0 ~ -sse W. Marlan, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me thzs 29th day of August, 2003, by Jesse W. Martin, Managing Member, Kempsxfille-Centervflle Assocmtes, L.L.C., a VLrginia lmaited Liability company. , ,' /f// . -, Notary Pubhc My Commzssion Expires: August 31, 2006 PREPARED BY §Y[ES. t~OURDON. ' qEt~N & LEVY P C EXHIBIT "A" ALL THAT certain piece or parcel of land, wath the buildings and improvements thereon, mtuate, 13ang and bexng in the Centerville District of the Cxty of Virginia Beach, Virginia, and being more particularly bounded and described as follows: BEGINNING at a pin located at the northernmost corner of "Parcel D-1" as depicted on that plat entitled "SUBDIVISION OF PARCEL D, PLAT OF PROPERTY OF LOLA DALE SPRUILL-EVANGALINE S. ROGERS-ARDATH S. PURDUE", which plat is recorded m the Clerk's Office of the Circuit Court of the City of Virginia Beach, %rginia, m Map Book 186, at Page 39; and from saxd point of beginning South 41° 03' 41" West a distance of 100 feet to a pin at the westernmost corner of Parcel D-1; thence continmng South 41° 03' 41" West, a distance of 20.81 feet to a point on the boundary line of Parcel D-2; thence North 48° 40' 12" West, a distance of 559.34 feet to a pin at the westernmost corner of Parcel D-2; thence North 41° 03' 41" East, a d~stance of 120.81 feet to a pin at the northernmost corner of Parcel D-2; thence South 48° 40' 12" East, a dxstance of 559.34 feet to the point of beginning. Said parcel contains 1.54 acres and is that portion of Parcel D-2 which lies north of Parcel D-1 as depxcted on the above referenced "SUBDIVISION OF PARCEL D, PLAT OF PROPERTY OF LOLA DALE SPRUILL-EVANGALINE S. ROGERS-ARDATH S. PURDUE', recorded in the aforesaud Clerk's Office in Map Boom 186, at Page 39. GPIN. 1455-90-0384 CONDREZONE/KEMPSVILLECENTERVILLE/DOYLEPROPERTY/PROFFER - 58- Item V-M. 7. PLANNING ITEM # 52030 Attorney R Edward Bourdon, Pembroke One Butldtng, 5th Floor, Phone 499-8971, represented the apphcant Upon motton by Counctlman Dtezel, seconded by Counctl Lady Wtlson, Ctty Counctl ADOPTED an Or&nance upon Apphcatton of HOLLIS ROAD ASSOCIATES, A VIRGINIA GENERAL PAR TNERSHIP, for a Condtttonal Change olCZontng Dtstrtct ClassOqcatton ORDINANCE UPON APPLICATION OF HOLLIS ROAD ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP, FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-10 RESIDENTIAL DISTRICT TO CONDITIONAL A-12 APARTMENT DISTRICT Z012031171 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Holhs Road Assoctates, a Vtrgtnta General Partnershtp, for a Condtttonal Change of Zontng Dtstrtct Classtficatton from R-10 Restdenttal Dtstrtct to Condtttonal A-12 Apartment Dtstrtct on property located on the south stde of Herbert Moore Road, approxtmately 115 feet west of Campus Drtve (GPINS 14682462570000, 14682473600000) The Comprehenstve Plan recommends use of thts property for restdenttal uses above 3 5 dwelhng umts per acre DISTRICT 2 - KEMPSVILLE The followtng conchtton shall be requtred 1 Agreement encompassing proffers shall be recorded wtth the Clerk of Ctrcutt Court Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgtnta, on the Ntnth of December, Two Thousand Three Vottng 9-1 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay Reba S McClanan Counctl Members Absent Ron A Vtllanueva December 9, 2003 FORM NO P S 113 City of Virginia Reach INTE~,-OFFICE CORF, ESPON~OE/qCE In Reply Refer To Our File No DF-5795 DATE: November 25, 2003 TO: Leslie L. Lilley DEPT: City Attorney FROM: B. Kay Wilso~q~k~° DEPT: City Attorney Conditional Zoning Application Hollis Road Associates and Bentley B. Anderson The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 9, 2003. I have reviewed the subject proffer agreement, dated July 30, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY ~ SYKES, t~OU~DON, ~iill AttERN & LEVY P C HOLLI S ROAD AS SO CIATES, a Virg~ma general partnership BENTLEY B. ANDERSON TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municzpal corporatzon of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of July, 2003, by and between HOLLIS ROAD ASSOCIATES, a V~rginia general partnership, party of the first part, Grantor; BENTLEY B. ANDERSON, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a mumcipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of two (2) certain parcels of property located in the KempsvLlle D~strict of the City of %rginia Beach, containing a total of approximately 1.94 acres as more particularly described as Parcels 1 and 2 in Exhibit "A' attached hereto and xncorporated hereto by reference, which parcels are referred to herein as the "Property"; and WHEREAS, the party of the first part as contract purchaser of the Property has inxtiated a conditional amendment to the Zoning Map of the City of Virgima Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classffication of the Property from R-10 to A-12; and WHEREAS, the Grantee's policy xs to prowde only for the orderly development of land for various purposes through zoning and other land development legislataon; and GPIN' 1468-24-6257 1468-24-7360 -1- PREPARED BY ~ll] SY[ES. t~OUtlDON ff~iill Att~N & LDrY. PC WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit diffenng uses on and ~n the area of the Property and at the same time to recogmze the effects of change, and the need for various types of uses, certmn reasonable conditions govermng the use of the Property for the protection of the community that are not generally apphcable to land similarly zoned are needed to cope with the situation to which the Grantors' rezonmg application gives rise; and WHEREAS, the Grantors have voluntardy proffered, ~n writing, ~n advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-12 Zomng Dmtnct by the exasting overall Zoning Ordinance, the following reasonable conditions related to the phymcal development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and apphcable to the Property, which has a reasonable relation to the rezonmg and the need for which ~s generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, Grantee, and other successors ~n t~tle or ~nterest, voluntarily and without any requirement by or exaction from the Grantee or its govermng body and without any element of compulsion or qmd pro quo for zoning, rezomng, site plan, building permit, or subdivision approval, hereby make the follovang declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that th~s declaration shall constitute covenants running w~th the Property, which shall be b~nding upon the Property and upon all parties and persons clmming under or through the Grantors, thmr successors, personal representatives, asmgns, grantee, and other successors ~n interest or t~tle: 1. When the Property ~s developed, ~t shall be substantially in accordance w~th the "CONCEPTUAL SITE LAYOUT PLAN HERBERT MOORE ROAD SUBDIVISION" dated 6/20/03, prepared by MSA, P C., which has been exhibited to the V~rg~ma Beach C~ty Council and ~s on file w~th the V~rgima Beach Department of Planning ("Concept Plan"). -2- PREPARED BY SYKES ttOUtlDON. &ItEttN & k~,/PC 2. Vehicular Ingress and Egress shall be via one (1) cul-de-sac from the south rode of Herbert Moore Road and no more than twenty (20) remdential dwelhngs shall be constructed on the Property. 3. Each of the twenty (20) remdentzal townhomes shall be two (2) story m hezght with no more than three (3) bedrooms in any unit. 4. The architectural demgn of the residential buildings will be substantially as depicted on the exhibit entitled "MOORE'S POND TOWNHOMES' dated 7/15/03, prepared by Dimenmonal Designs, Inc. ("ElevaUons'). 5. Further conditions may be required by the Grantee during detanled Site Plan review and administration of apphcable City Codes by all cognizant City agencxes and departments to meet all apphcable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditaons shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substanttally revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded m the Clerk's Office of the Circuit Court of the City of V~rginia Beach, Vlrgima, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument zs consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a pubhc hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of V~rgima, 1950, as amended. Smd ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, sand ~nstrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of V~rgmm Beach, V~rgxnia, shall be vested with all necessary authority, on behalf of the govermng body of the City of Vlrgima Beach, Virginia, to admlmster and enforce the foregoxng cond~tzons and -3- PREPARED BY §YI(t[§. t~0URDON. "ERN & LIVY. P C restrictions, Including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal actaon or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other approprmte aclaon, suit, or proceeding, {2) The fatlure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the reqmred building or occupancy permits as may be appropriate; (3) If aggrieved by any decmion of the Zoning Administrator, made pursuant to these provisions, the Grantors shall pent, on the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zomng of the Property, and the ordinances and the conditions may be made readily avmlable and accesmble for pubhc inspection in the office of the Zoning Adm~mstrator and in the Planmng Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the C~ty of V~rginm Beach, Virginia, and indexed in the name of the Grantors and the Grantee. -4- PREPARED BY §YI~[S. ]~OUtlDON ' ~IERN & LEVY P C WITNESS the following signature and seal: GRANTOR: Hollis Road Associates, a Virginia general parmershlp Michael P. Warner, General Partner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-v~t: The foregoing instrument was acknowledged before me this 31st day of duly, 2003, by Michael P. Warner, General Partner of Holhs Road Associates, a Virginia general partnership. .--,, /5/?' /,, ,~ Notary Public My Commission Expires: August 31, 2006 -5- PREPARED BY §YE[S. t~OURDON. WITNESS the follovang signature and seal' GRANTOR: ~3entley ~t/Anderson STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wat: The foregoing instrument was acknowledged before me thzs 1st day of August, 2003, by Bentley B. Anderson. Notary Pubhc My Commission Expires: August 31, 2006 -6- PREPARED BY §YI([S. t]OURDON. A~[~N & Lrv~. p c EXHIBIT "A" PARCEL I: ALL THAT certaxn lot, piece or parcel of land, situate in the Cxty of Virgmm Beach (formerly Princess Anne County), State of Virg~ma, containing one acre, more or less, lying about one m~le south of Diamond Springs Station on the Norfolk Southern Railroad, being known, numbered and designated as Tract 3, on the plat of the Hodgrnan Farm, whxch plat is recorded xn the Clerk's Office of the Circmt Court of the City of Virginia Beach (formerly Princess Anne County), %rg~ma, xn Map Book 6, at Page 25, reference to smd plat is hereby made for a more partxcular description of said tract. GPIN: 1468-24-6257 PARCEL II: ALL THAT certain lot, pxece or parcel of land, situate in the Cxty of Virginia Beach (formerly Princess Anne County), State of Virgxnia, contamzng one acre, more or less, lying about one mile south of Dxamond Spnngs Station on the Norfolk Southern Railroad, being known, numbered and designated as Tract 4, on the plat of the Hodgman Farm, which plat is recorded in the Clerk's Office of the Circuxt Court of the Cxty of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 6, at Page 25, reference to said plat xs hereby made for a more particular description of said tract. GPIN: 1468-24-7360 CONDREZONE/HOLLISROAD / PROFFER -7- - 59- Item V-M. 8. PLANNING ITEM # 52031 The followtng registered tn SUPPORT: Richard M Wattzer, 244 Mustang Trad, Sutte 6, Phone 340-1506, the apphcant and advtsed construction of a 134-umt tndependent hvtng sentor houstngfacthty The facthttes are restrtcted to age 62 and over and income levels of $11,600 to $23,160 a year The concerns of the Bellamy Plantation Ctvtc League were addressed Judy Alhson, Chatr of Ctttzens Concerned for Elderly, expressed her support, as she was dl and could not attend A mtntmum of 55% brtck has been proffered to be utthzed Mr Wattzer advtsed he wtll agree to have the back of the buddtng match the front regardtng the brtck Mr Wattzer could reduce hetght by reducmg roof to 46 3 mches Madehne Nevala, 1537 Mdl Dam Road, Apartment 310, Phone 412-0807, Sdver Hdl restdent Geraldine Lynch, 4373 Bonney Road, Apartment 212, Phone 321-0900, Stlver Hdl restdent Vtrgtnta Story, 4373 Bonney Road, Phone 233-1072, Sdver Hdl restdent Doreen Harrts, 1129 Beach Duck Court, Phone 422-2132, employee of the Vtrgtnta Beach Houstng and Netghborhood Preservatton Prtor to her passtng, her Mother was lO-year restdent of Sdver Hdl at Great Neck The followtng regtstered tn OPPOSITION: John L Robertson, 4340 Salem Sprtngs Way, Phone 233-3332, Professional Engtneer, resident of Salem Sprtngs, expressed concerns relattve adequate parktng, hetght relattve 20-foot setback on the southstde and the sprtnkler system Attorney Vtncent R Ohvtert, 5 75 Lynnhaven Parkway, Phone 486-7055, dtstrtbuted copy of the Proffered Agreement between Wdham J Overholt and Mdhe d Overholt, et als and the Ctty of Vtrgtnta Beach, dated May 27, 1997, when property was rezoned to Communtty Business of whtch thts apphcatton does not adhere to these proffers Satd agreement ts hereby made a part of the record David Jester, 200 63rd Street, Phone 422-0175, developer of Sentor Houstng t e Lynnhaven Cove, whtch has less denstty on twtce as much land The parktng ts matntatned on a 1 to 1 ratto Kelly LaMar, 1636 Grey Frtars Chase, Phone 471-1090, restdent of Bellamy Plantation, presented a petttton surveytng 200 homes wtth 79% opposttton to the project as currently planned Lee Barnes, 2164 Margaret Drtve, Phone 563-2244, adjacent property owner, dtstrtbuted Charts A and B relattve proffered tnternal access "ring-road" as deptcted tn the 1997 re-zomng tnvolvtng Dr Komkoff's Professtonal and Navy Trtcare Center and the State Farm Buddtng and the assessed property values relattve &lver Hdl at Great Neck, Bonney Road and Salem Road Robert Cooper, 4452 Salem Sprtngs Way, Phone 416-9770, advtsed Bellamy Plantatton tsprotected relattve the tree buffer, however the buddtng ts only twenty (20) feet away from the Salem Sprtngs commumty Upon motton by Councd Lady Eure, seconded by Councd Lady Wdson, Ctty Councd DENIED Ordtnances upon apphcatton of SILVER HILL - SALEM, L.L.C. for a Con&ttonal Change of Zontng Dtstrtct Classtficatton and Condtttonal Use Permtt December 9, 2003 Item V-M. 8. PLANNING - 60 - ITEM # 52031 (Continued) AND, ORDINANCE UPON APPLICA TION OF SILVER HILL - SALEM, L L C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM CONDITIONAL B-2 COMMUNITY BUSINESS DISTRICT TO CONDITIONAL 0-2 OFFICE DISTRICT Ordmance upon Apphcatton of &lver Hill - Salem, L L C for a Change of Zonmg Dtstrtct Classtficatton from Con&ttonal B-2 Commumty Bustness Dtstrtct to Condtttonal 0-2 Office Dtstrtct on property located on the south stde of Lynnhaven Parkway, 317 05 feet west of Salem Road (GPINS 14 75 7498330000, 14 75 75 72 760000, portion of 14 75842 7930000) The Comprehenstve Plan recommends use of thts property for restdenttal uses at or below 3 5 dwelhng umts per acre DISTRICT1 - CENTER VILLE ORDINANCE UPON APPLICATION OF SILVER HILL - SALEM, L L C FOR A CONDITIONAL USE PERMIT FOR HOUSING FOR SENIORS Or&nance upon Apphcatton of &lver Hall - Salem, L L C for a Con&t~onal Use Permtt for housing for semors on property located on the south stde of Lynnhaven Parkway, 317 05feet west of Salem Road (GPINS 14757498330000, 14757572760000, port, on of 14758427930000) DISTRICT 1 - CENTER VILLE Voting 8-2 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Jtm Reeve, Rosemary Wtlson and James' L Wood Counctl Members Vottng Nay Rtchard A Maddox and Peter W Schmtdt Counctl Members Absent Ron A Vtllanueva December 9, 2003 - 61 - Item V-M. 9. PLANNING ITEM # 52032 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Cay Councd ADOPTED Ordtnances upon apphcatton of PUNGO INVESTORS, INC re a Petttton for a Variance to 3q 4 4 (b) of the Subdtvtston Ordinance that requtres all newly created lots meet all the requtrements of the Ctty Zontng Ordtnance, and Condtttonal Use Permtt Appeal to Dectstons of Admtmstrattve Officers tn regard to certatn elements of the Subdtvtston Ordtnance, Subdtvtston for Pungo Investors, L L C Property ts located southwest of the tntersectton of Stowe Road and South Stowe Road (GPIN 2 40013 5 3 3 60000) DISTRICT 7- PR1NCESS ANNE AND, ORDINANCE UPON APPLICATION OF PUNGO INVESTORS, L L C FOR A CONDITIONAL USE PERMIT FOR ALTERNATIVE RESIDENTIAL DEVELOPMENT R012031154 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Pungo Investors, L L C for a Condtttonal Use Permtt for alternattve residential development on property located southwest of the tntersectton of Stowe Road and South Stowe Road (GPIN 24001353360000) DISTRICT 7 - PRINCESS ANNE The followtng condtttons shall be required A protecttve buffer shall beprovtded along the northern property hne of Lots 5 through 8 adjacent to the on-gotng agricultural operatton The buffer shall be fifty (50)feet tn wtdth The first twenty-five (25)feet of such area adjacent to an on-gotng agrtcultural operatton should be heavtly planted wtth a mtxture of grasses and low growtng tndtgenous shrubs, and the second twenty-five (25)feet of such area adjacent to the structure should be planted wtth a double row of trees wtth a mtmmum cahper of 1 ~ tnches and should be centered no more than thirty (30) feet apart Such trees should constst of a mtxture of dectduous and evergreen The road shall be destgned and constructed tn accordance wtth Pubhc Works spectficattons entttled "Pubhc Works Reduced Typtcal Sectton for 50foot New Restdenttal Mtnor Street ", A-18 tn Appendtx A of the Pubhc Works Spectficattons and Standards The apphcant shall seek a vartance from the Vtrgtnta Department of Transportatton to allow state matntenance fun&ng for the substandard pavement width request If state matntenance funding ts not granted, the Subdtvtston Vartance Approval shall be constdered null and void December 9, 2003 Item V-M. 9. PLANNING ITEM # 52032 (Continued) The prehmtnary subdtvtston plat, subdtvtston constructton plan and final subchvtston plat shall clearly dehneate the hmtts of the 100-yearfloodplatn on Lots 1, 4, 5 and 8 The property shall be developed tn substanttal conformance with the plan entitled "Back Bay Commons" dated August 1, 2003 and prepared by Mtdgette and Associates, P C Thts plan has been exhtbtted to City Counct[ and ts on file tn the Planning Department 5 The entrance stgn ts to be as deptcted tn the submttted elevatton No ttmbertng shall be allowed wtthtn the wooded areas of Lots 4 and 5 Tree removal shall be hmtted to horse tratls and removal of diseased and/or damaged trees These Orchnances shall be effecttve tn accordance wtth Sectton 107 0') of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Ntnth of December, Two Thousand Three Voting 9-2 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Jtm Reeve, Ron A Vtllanueva, Rosemary' Wtlson and James L Wood Counctl Members Voting Nay Mayor Meyera E Oberndorf and Peter W Schmtdt Counctl Members Absent None December 9, 2003 Item V-M. I O. PLANNING ITEM # 52033 The followtng regtstered tn SUPPORT: Mtchael Carr, the apphcant, 1676 Wtcomtco Lane, Phone 472-0980, requested WITHDRAWAL The followtng regtstered tn OPPOSITION Larry Stampe, Prestdent, stated the Lake James Ctvtc Assoctatton, ts opposed to the WITHDRAWAL of the apphcatton Pettttons tn opposttton are hereby made a part of the record Upon motton by Councd Lady Eure, seconded by Councdman Wood, Ctty Councd DENIED Ordtnance upon apphcatton of MICH,4EL CARR for a Condtttonal Use Permtt re a recreational facility of an tndoor /outdoor nature (skate park) and church ORDINANCE UPON APPLICATION OF MICHAEL CARR FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FA CILITY OF AN INDOOR NATURE (SKATE PARK), RECREATIONAL FA CILITY OF AN OUTDOOR NATURE (SKATE PARK) AND CHURCH Ordtnance upon Apphcatton of Mtchael Carr for a Condtttonal Use Permtt for a recreattonal factltty of an mdoor nature (skate park), recreattonal facthty of an outdoor nature (skate park) and church on property located at 5405 Indtan Rtver Road (GPIN 1465285585) DISTRICT 1 - CENTER VILLE Vottng 8-1 Councd Members I,'ottng Aye Margaret L Eure, I,'tce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Rosemary Wdson, Peter W Schmtdt and James L Wood Council Members Vottng Nay dcm Reeve Councd Members Absent Harry E Dtezel and Ron A Vtllanueva December 9, 2003 Item V-M. 11. PLANNING ITEM # 52034 Upon motton by Vice Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl DEFERRED sixty (60) days until the City Council Session of February 24, 2004, Ordtnances upon apphcatton of ASHVILLE PARK, L.L.C. for the dtsconttnuance, closure and abandonment of a portion of Flanagan's Lane, Condtttonal Change of Zontng and Petttton for a Variance to ~ 4 4 (b) of the Subdtvtston Ordtnance that requires all newly created lots meet all the requtrements of the Ctty Zomng Or&nance (CZO) at the tntersectton of Sandbrtdge Road ORDINANCE UPON APPLICATION OF ASHVILLE PARK, L L C FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TIONFROMA G- 1 AND AG-2 AGRICULTURAL DISTRICTS TO CONDITIONAL PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT (R-30 & P-I) Or&nance upon Apphcatton of Ashvtlle Park, L L C for a Change of Zontng Dtstrtct Classtficatton from AG- 1 and A G-2 Agricultural Dtstrtcts to Condtttonal PD-H2 Planned Untt Development Dtstrtct (R-30 & P-l) The Comprehenstve Plan recommends use of thts propertyfor approprtate growth opportuntttes conststent wtth the economtc vttahty pohctes of the Ctty of Vtrgtnta Beach DISTRICT 7 - PRINCESS ANNE Appeal to Dectstons of Admtmstrattve Officers tn regard to certatn elements of the Subdtvtston Ordtnance, Subdtvtston for Ashvtlle Park, L L C Property ts located on the east stde of Prtncess Anne Road, abutttng the north and south sides of Flanagans Lane to tts tntersectton wtth Sandbrtdge Road (GPINS 2413071960, 2413066259, 2413167813, 2413363862, 2413464337, 2413570702, 2413555252, 2413754401) DISTRICT 7- PRINCESS ANNE Or&nance upon Apphcatton of Ashvtlle Park, L LC for the dtsconttnuance, closure and abandonment of a portton of Flanagan 's Lane located 5350 2feet east of Prtncess Anne Road, runntng tn a northeasterly dtrectton a &stance of 3133 16feet DISTRICT 7 - PRINCESS ANNE Vottng 10-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Ron A Vtllanueva December 9, 2003 Item V-M. 12. PLANNING ITEM # 52035 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Council DEFERRED sixty (60) days until the City Council Session of February 24, 2004, Or&nances upon apphcatton of ALCAR, L.L.C. fora Condzttonal Change of Zontng and Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF ALCAR, L L C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITIONAL R-10 Ordtnance upon Apphcatton of ALCAR, L L C for a Change ofZontng Dtstrtct Classt_ficatton from AG-1 and AG-2 Agrtcultural Dtstrtcts to Conditional R-10 Restdenttal Dtstrtct on the north stde of Ntmmo Parkway (untmproved), approximately 910 feet west of Rocktngchatr Lane (GPIN 24045 73 796, 2404564943, 24043 71633) The Comprehenstve Plan recommends use of thts parcel for restdenttal uses at or below 3 5 dwelhng umts per acre The Comprehenstve Plan also tdenttfies the stte as a Conservatton Area where land-dtsturbtng acttvtttes should be avotded, mtttgated, or under certatn condtttons prohibited DISTRICT 7- PRINCESS ANNE ORDINANCE UPON APPLICATION OF ALCAR, L L C FOR A CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTION Orchnance upon Apphcatton of ALCAR, L L C for a Con&ttonal Use Permtt for Open Space Promotton on the north stde of Ntmmo Parkway (untmproved), approxtmately 910feet west of Rocktngchatr Lane (GPIN 2404573796, 2404564943, 2404371633) DISTRICT 7- PRINCESS ANNE Vottng 10-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Ron A Vtllanueva Counctl Lady Wtlson DISCLOSED Pursuant to Confltct of Interests Act ~ 2 2-3115 (H) her husband ss a prtnctpal tn the accounttngfirm of Goodman and Company and earns compensatton whtch exceeds $1 O, 000 O0 annually Goodman and Company provides services to ALCAR, L L C Her husband does not personally provtde servtces to ALCAR, L L C The Ctty Attorney has advtsed that although she has a personal tnterest tn the transactton, because her husband does not personally provtde servtces to ALCAR, L L C, she may parttctpate wtthout restrtctton tn Ctty Counctl's dtscusston of, and vote on, the ordtnance, upon dtsclosure Counctl Lady Wtlson 's letter of October 28, 2003, ss hereby made a part of the record December 9, 2003 - 66- Item V-M. 13. PLANNING ITEM # 52036 The followtng regtstered tn SUPPORT: Attorney R Edward Bourdon, Pembroke One Butldtng, yh Floor, Phone 499-8971, representtng the apphcant He dtstrtbuted three (3) sets of plans, copies of Envtronmental Pohces, correspondence from Cox Htgh School Crew Team "Vtrgtnta Beach Belle ", and pettttons tn support, all of whtch are hereby made a part of the record Anthony Walker, 3240 Page Avenue #1001, Phone 641-4555, Member- Cavaher Golf and Yacht Club who served on the long range planning commtttee Judge Davtd Adams, 1052 Cardtnal Road, Phone 428-3131, Member- Cavaher Golf and Yacht Club Charles A Berle, 1535 South Sea Breeze Tratl, Phone 498-3646, Member - Cavaher Golf and Yacht Club and Commander of the Yachttng Dtvtston of the Club (whtch encompasses approxtmately 225 members) John C Asptnwall, Member of the Cavaher Golf and Yacht Club, prtmary netghbor to the east of the project, 1045 Curlew Dtve, Phone 491-2050 The followtng registered tn OPPOSITION: Dr John Carlston 1052 Bobbhng Drtve, Phone 428-2866/481-3666, presented letter ctttng objecttons Chrtsttne C Bosher, 1044 Bobohnk Drive, Phone 716-2419, read correspondence from her daughter, Vtrgtnta Bosher, whtch ts hereby made a part of th record Upon motton by Counctlman Wood, seconded by Counctl Lady Wtlson, Ctty Counctl ADOPTED anOrdtnance upon apphcatton of CA VALIER GOLF and YACHT CL UB for a Condtttonal Use Permtt re a marina expansion: ORDINANCE UPON APPLICATION OF CA VALIER GOLF & YACHT CLUB FOR A CONDITIONAL USE PERMIT FOR A MARINA EXPANSION R012031155 - BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Cavaher Golf & Yacht Club for a Condtttonal Use Permtt for a martna expanston on property located at 1052 Cardtnal Road (GPIN 2418246584) DISTRICT 5 - L YNNHA VEN The following condttton shall be requtred 1 The apphcant shall adhere to the "Ctty of Vtrgtnta Beach, Spectfic Gutdehnes for Waterfront Constructton Apphcatton Submtttal" December 9, 2003 Item V-M. 13. PLANNING - 67- ITEM # 52036 (Continued) Thts Ordtnance shall be effecttve tn accordance wtth Section 107 09 of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Ntnth of December, Two Thousand Three Vottng 8-1 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve,, Rosemary Wtlson and James L Wood Council Members Vottng Nay Reba S McClanan Council Members Abstatntng Peter W Schmtdt Counctl Members Absent Ron A Vtllanueva Counctlman Schmtdt DISCLOSED and ABSTAINED pursuant to Confltct of Interests Act 3~ 2 23115 (E) Counctlman Schmtdt ts a member and shareholder of Cavaher Golf and Yacht Club Counctlman Schmtdt 's letter of December 9, 2003, ts hereby made a part of the record December 9, 2003 City of Virginia tBeach PETER W SCHMIDT COUNCILMAN - AT LARGE PHONE (757) 494-5235 FAX (757) 545-3793 December 9, 2003 Mrs. Ruth Hodges Smith, MMC City Clerk Mummpal Center Virginia Beach, Virginia 23456 Re. Abstention Pursuant to Section 2.2-3115(E), Code of Vlrg~ma Dear Mrs. Smith: Pursuant to the V~rginia Conflict of Interests Act, I make the following disclosure: . The transaction for which I am executing th~s written d~sclosure ~s C~ty Council's discussion and vote on Cavaher Golf and Yacht Club's apphcatlon for a Conditional Use Permit for property located at 1052 Cardinal Road (GPIN 2418246584) . I w~sh to disclose that I am a member and shareholder of Cavalier Golf and Yacht Club. 3. I wish to disclose this ~nterest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration ~n the official records of the City Council. I have enclosed an op~mon letter from C~ty Attorney Leshe L. Lflley that analyzes these facts under the Conflict of Interests Act. Thank you for your assistance and cooperation in this matter. PWS/RRI Sincerely, /~ . Pe~r W. Schmldt Councflmember 1029 BOBOLINK DRIVE, VIRGINIA BEACH, VA 23451 Item V-M. 14. PLANNING ITEM Pt 52037 The followtng registered to speak and retterated concerns Carl W Ftsher, Member - Chesapeake Bay Preservatton Area Board, 1432 Sandbrtdge Road, Phone 426- 7446, referenced a provtston (Sec 11 lc) "any actton of the Chesapeake Bay Preservatton Area Board permttttng a change of use or the extenston and enlargement and relocatton or alteration of a use, bmldtng or structure, subject to theprovtstons ofthts sectton shall be null and votd twelve (12) months from the date of its adoptton, untd substanttal work has commenced and ss ddtgently pursued" That provtston was tn the original Chesapeake Bay Ordinance Thts provision has been deleted Mr Ftsher requested thts Section rematn and the Board address the tssue further Rtchard F Welton, 219 44th Street, Phone 428-6740, Member- Chesapeake BayPreservatton Area Board, expressed concern re the requirement to not~fy the pubhc re administrative variances &gns shall be posted Price Clarke, 1133 Wythe Lane, member of the Stewardship Committee of Bay Colony, mece of Taylor Murphy, author of the Chesapeake Bay Act, requested the provtston re Sec l l l c not be deleted and there be nottficatton of admtmstrattve vartances Anne T Overman, I000 South Bay Shore Drtve, Phone 428-3650, member of the Stewardshtp Commtttee of Bay Colony, read a letter from Kenneth and Kathertne Wdhams, who could not attend the Ctty Councd Sesston The Board should conttnue to have the overstght of the enttre Resource Protectton Area (RPA) and Sectton l l l c rematn Forest P Anderson, 1139 Crystal Drtve, represented the Cavaher Bay Colony Ctvtc League, Phone 428-1151, Director of Cavaher Park/Bay Colony Ctvtc League, read letter from the Stewardshtp Commtttee Nancy dohnson, 1148 Crystal Lake Drtve, Phone 422-2834, represented the Cavaher Park Bay Colony Ctvtc League, expressed concern relattve the one (I) year hmttatton of Sectton I I lc Alan Johnson, 1148 Crystal Lake Drtve, Phone 422-2834 expressed concern relative the one (I)year hmttatton of Sectton l l l c Susan Cofer, 1440 Watersedge Drtve, Phone, 498-1104, expressed concerns relattve deletton of Sectton 111 c Upon motton by Counctl Lady Wtlson, seconded by Councdman Schmtdt, Ctty Councd ADOPTED, wtth the understandtng Staff wdl further revtse/ recommend revtstons to certatn sections re Chesapeake Bay Preservation Area Ordinance wtth apphcable conformtng references to renumber secttons a Sections 5.10, 6.1 and 6.3 of the Subdivision Ordinance, Appendix B of the Ctty Code b Site Plan Ordinance, Appendix C of the Ctty Code re c 3~ 1 6 of the Tree Planting, Preservation and Replacement Ordinance, Appendix E of the Ctty Code December 9, 2003 Item V-M. 14. PLANNING ITEM # 5203 7 (Continued) f Appen&x F of the Ctty Code re tdenttficatton and protectton of Resource Protection Area buffers, destgnatton crtterta, land use, development performance crtterta and vartances Estabhshtng TRANSITION R ULES for amendments to dppendtx F Sectton 2-452 1 of Chapter 2 of the Ctty Code re Boards, Commissions and Committees. l,'ottng 9-1 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Richard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Rosemary Wtlson and dames L Wood Council Members Vottng Nay Reba S McClanan Counctl Members Absent Ron A Vtllanueva December 9, 2003 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 5.10, 6.1 AND 6.3 OF THE SUBDIVISION ORDINANCE, APPENDIX B OF THE CITY CODE, SO AS TO CONFORM REFERENCES TO RENUMBERED SECTIONS OF THE CHESAPEAKE BAY PRESERVATION AREA ORDINANCE SECTIONS AMENDED' §§ 5.10, 6.1 AND 6.3 OF THE SUBDIVISION ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Sections 5.10, 6.1 and 6.3 of the Subdivision Ordinance are hereby amended and reordalned, to read as follows- APPENDIX B SUBDIVISION REGULATIONS Sec. 5.10. Underground utilities. [Required ~mprovements] (b) Construction, installation and maintenance of any of the facilities mentioned in this section and located in Chesapeake Bay Preservation Areas shall be in accordance with the provisions of section 1~= Section 109 of the Chesapeake Bay Preservation Area Ordinance [Appendix FI. Sec. 6.1. Preliminary plats and data--Generally. [Plats and data] The preliminary plat shall be at a scale of not less than one inch equals one hundred (100) feet and may be of one or more sheets as necessary. The plat shall include or be accompanied by the following: 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 (1) Where Chesapeake Bay Preservation Areas lie within a subdivision, the preliminary plat shall, unless waived by the planning director, delineate the boundaries of all resource protection areas, resource management areas, intensely developed areas and reserve sewage disposal drainfield sites as required by section I00 Section 106 of the Chesapeake Bay Preservation Area Ordinance [Appendix FI. Sec. 6.3. Final plats and data. [Plats and data] The final subdivision plat shall be prepared by a certified civil engineer or land surveyor in ink on an approved durable tracing-medium at a scale of 1" = 100' unless a different scale is approved by general rule for classes of cases or by the planning director in a particular case. Ail original tracings shall be presented between the following sizes- 8 ~" X 11" and 18" X 24". Lettering shall be no less than one-tenth inch or 2.54 mm. in height. Lettering and line wemght shall be no less than .013 inches or .3302 mm. Letter and line spacing for control pencil drawings shall be no less than .050 inches and for ink drawings no less than .040 inches. When more than one sheet is required, all sheets shall be numbered and of the same size, with match marks to guide preparation if composite maps, and an index map on a sheet of the same size as the sectional maps shall be filed, which shall show, among other things, sectional map numbers, all lot and block 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 numbers, and street names. In addition, a small scale location map showing the property shall be required. The final plat shall show the following data, and shall be completed and processed as indicated- (t) Where Chesapeake Bay Preservation Areas lie within a subdivision, the following materials shall also be required, unless waived as unnecessary by the planning director or previously submitted in conjunction with preliminary subdivision review' (1) A survey of environmental features; (2) A landscape plan; (3) A stormwater management plan; (4) An erosion and sediment control plan; and (5) A water quality impact assessment, if required by section 110 Section 107 of the Chesapeake Bay Preservation Area Ordinance [Appendix FI. The materials set forth in (1) through (5) hereinabove shall contain all of the information required i-~ Section 107 of the Chesapeake Bay Preservation Area Ordinance [Appendix FI. (v) Every final plat of a subdivision containing any land located a Chesapeake Bay Preservation Area shall delineate the boundaries of all resource protection 80 81 82 83 84 85 86 87 88 areas, resource management areas, and reserve sewage disposal drainfield sites as required by section Section 106 of the Chesapeake Bay Preservation Ordinance [Appendix F]. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That this Ordinance shall become effective as of January 1, 2004, or the date of its adoption, whichever is later. 89 90 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of December, 2003. CA-9017 DATA/ORDIN/PROPOSED/subreg5.10etalsord.wpd R2 - October 7, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE TO AMEND AND REORDAIN THE SITE PLAN ORDINANCE, APPENDIX C OF THE CITY CODE, SO AS TO CONFORM REFERENCES TO RENUMBERED SECTIONS OF THE CHESAPEAKE BAY PRESERVATION AREA ORDINANCE SECTIONS AMENDED- ~ 2, 3, 4, 5 & 7 OF THE SITE PLAN ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA- That Sections 2, 3, 4, 5 and 7 of the Site Plan Ordinance are hereby amended and reordained, to read as follows' APPENDIX C SITE PLAN ORDINANCE Sec. 2. Uses requiring site plan review. 2.2. The following site uses, including additions, alterations or changes in the following uses, shall require site plan review' (C) Notwithstanding the provisions of subdivision A hereof, any development or redevelopment having a construction footprint exceeding two thousand five hundred (2,500) square feet in a Chesapeake Bay Preservation Area shall be sub]ect to a plan of development process in accordance with section II0 Section 107 of the Chesapeake Bay Preservation Area Ordinance [Appendix FI. The terms "development," "redevelopment" and "construction 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O footprint" shall be as defined in section 103 of the Chesapeake Bay Preservation Area Ordinance. Sec. 3. Procedures. · · · · A.2. At the time the site development plan is presented, the following fees shall be due and payable: (d) There shall be no site plan review fee charged for a site plan encompassing only one single-family dwelling unit not located in a Chesapeake Bay Preservation Area. For single-family dwellings and additions and other residential structures requiring a plan of development pursuant to Section ~ 107 of the Chesapeake Bay Preservation Area Ordinance, there shall be a fee in the amount of two hundred eighty dollars ($280.00); provided, however, that if the agent determines that such plan of development may be subject to abbreviated review, there shall be a fee in the amount of one hundred thirty-five dollars ($135.00). D.3. For development or redevelopment subject to the plan of development process set forth in section II0 Section 107 of the Chesapeake Bay Preservation Area Ordinance 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 7O 71 72 73 74 [Appendix FI, there shall also be furnished a certified check, bond, irrevocable letter of credit or other surety satisfactory to the city attorney in an amount equal to the estimated cost, including materials, of installation of required landscaping and stormwater management facilities. Cost estimates shall be based upon the approved plan of development and shall be subject to the approval of the director of development services. The terms "development" and "redevelopment" shall be as defined in section 103 of the Chesapeake Bay Preservation Area Ordinance. Sec. 4. Information required on site development plan. · · · · B. Existing and required site features and improvements' · · · · 10. Landscape design and land use buffer plan in accordance with the design standards of the department of planning, as approved by the council of the City of Virginia Beach, shall be required. Where Chesapeake Bay Preservation Areas are located on a site, landscaping design and buffer area plans shall be in accordance with section II0 Section 107 of the 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 91 92 93 95 96 97 98 13. 14. Chesapeake Bay Preservation Area Ordinance [Appendix FI. For development or redevelopment having a construction footprint exceeding two thousand five hundred (2,500) square feet in Chesapeake Bay Preservation Areas, there shall, except if waived as unnecessary by the planning director, also be provided all elements of the plan of development as required by section II0 Section 107 of the Chesapeake Bay Preservation Area Ordinance [Appendix F]. The terms "development," "redevelopment" and "construction footprint" shall be as defined in section 103 of the Chesapeake Bay Preservation Area Ordinance. Where required by section 109 Section 107 of the Chesapeake Bay Preservation Area Ordinance [Appendix FI, there shall also, except if waived as unnecessary by the planning director, be provided a water quality impact assessment containing all of the elements required therein. 99 Sec. 5. Minimum standards and specifications required. 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 5.15. Pumping stations and other sewer collection facilities shall be provided by the developer in accordance with the standards of the department of public utilities in areas where central or public sewer systems are available. Construction of sewer collection facilities shall be in accordance with section 1~= Section 109 of the Chesapeake Bay Preservation Area Ordinance. [Appendix FI. Construction, installation and maintenance of any of the facilities mentioned in this subsection and located in Chesapeake Bay Preservation Areas shall be in accordance with the provisions of section 1"~= Section 109 of the Chesapeake Bay Preservation Area Ordinance. [Appendix FI. Sec. 7. Variances and appeals. 7.4. Notwithstanding anything in this section to the contrary, variances and appeals arising from provisions of the Chesapeake Bay Preservation Area Ordinance [Appendix F] included or incorporated in this ordinance shall be in accordance with--s-e~t~n 114 Section 110 or section 115 Section 111 of the Chesapeake Bay Preservation Area Ordinance, as the case may be. 122 123 124 125 126 127 128 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That this Ordinance shall become effective as of January 1, 2004, or the date of its adoption, whichever is later. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of December, 2003. CA-9028 DATA/ORDIN/PROPOSED/siteplan2etalsord.wpd RI October 7, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE TO AMEND AND REORDAIN SECTION 1.6 OF THE TREE PLANTING, PRESERVATION AND REPLACEMENT ORDINANCE, APPENDIX E OF THE CITY CODE SO AS TO CONFORM REFERENCES TO RENUMBERED SECTIONS OF THE CHESAPEAKE BAY PRESERVATION AREA ORDINANCE SECTION AMENDED' ~ 1.6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA- That Section 1.6 of the Tree Planting, Preservation and Replacement Ordinance is hereby amended and reordained to read as follows- APPENDIX E TREE PLANTING, PRESERVATION, AND REPLACEMENT Sec. 1.6. Variances and appeals. · · · · D. Notwithstanding anything in this section to the contrary, variances and appeals arising from provisions of the Chesapeake Bay Preservation Area Ordinance [Appendix FI included or incorporated in this ordinance [appendix] shall be in accordance with ~ I13 Section 110 or section 114 Section 111 of the Chesapeake Bay Preservation Area Ordinance as the case may be. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA- That this Ordinance shall become effective as of January 1, 2004, or the date of its adoption, whichever is later. 27 28 Adopted'by the City Council of the City of Virginia Beach, Virginia, this 9th day of December, 2003. CA9027 Ordin/Proposed/siteplan01-6ord.wpd RI October 7, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE TO AMEND THE CHESAPEAKE BAY PRESERVATION AREA ORDINANCE OF THE CITY OF VIRGINIA BEACH Sections Amended- Chesapeake Bay Preservation Area Ordinance (City Code Appendix F) Sections 101 through 119 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Sections 100 through 119 of the Chesapeake Bay Preservation Area Ordinance are hereby amended and reordained to read as follows- Section 100. Title. This ordinance shall be known as the Chesapeake Bay Preservation Area Ordinance of the City of Virginia Beach. Section 101. Findings of fact. The Chesapeake Bay and its tributaries constitute one of the most important and productive estuarine systems in the world, providing economic and social benefits to the citizens of the City of Virginia Beach and the Commonwealth of Virginia. The health of the Bay and its tributaries is vital to maintaining the City of Virginia Beach's economy and the welfare of its citizens. The waters of the Chesapeake Bay ~ watershed have been degraded significantly by many sources of pollution, including nonpoint source pollution from land development. ~ These waters are worthy of protection from further degradation. Certain lands that are proximate to shorelines have an intrinsic water 27 28 29 30 31 32 33 quality value due to the ecological and biological processes they perform. With proper management, they offer significant ecological benefits by providing water quality maintenance and pollution control, as well as flood and shoreline erosion control. These lands, designated by the City Council as Chesapeake Bay Preservation Areas, shall be developed in such manner as to protect the quality of water in the Bay. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Section 102. Purpose and intent. (A) This ordinance is adopted in order to implement the requirements and stated purposes of The Chesapeake Bay Preservation Act (~t~-~n~ Sections 10.1-2100 through 10.1-2115 2116 of the Code of Virginia) and the Chesapeake Bay Preservation Area Designation and Management Regulations (9 VAC 10-20-10 et. seq.) promulgated thereunder. The intent of the city council City Council and the purpose of this ordinance are to: (1) protect existing high quality state waters; (2) prevent any increase in pollution; and (3) restore state waters to a condition or quality that will permit all reasonable public uses and will support the propagation and growth of all aquatic life, including game fish, which might reasonably be expected to inhabit them. The performance standards established by this ordinance provide the means to minimize erosion and sedimentation potential, reduce land application of nutrients and toxins, and maximize 51 52 53 54 55 56 57 58 59 60 61 62 63 64 rainwater infiltration. Indigenous ground cover, especially woody vegetation, is effective in holding soil in place and preventing site erosion. Existing vegetation filters stormwater runoff. By minimizing impervious cover, rainwater infiltration is enhanced and stormwater runoff is reduced. (B) The designation of any area as a Chesapeake Bay Preservation Area shall be in addition to, and not in lieu of, the zoning district classification of such area, such that any parcel of land situated within a Chesapeake Bay Preservation Area shall also lie in one or more of the zoning districts established pursuant to ~ Section 102 of the city zoning ordinance City Zoning Ordinance (Appendix A) and shall be subject to all applicable provisions of this ordinance and the ordinance City Zoning Ordinance (Appendix A). 65 66 67 68 69 70 71 72 73 74 Section 103. Definitions. The following words and terms used in this ordinance shall have the following meanings, unless the context clearly indicates otherwise. Accessory structure. Any structure located on a lot or parcel not identified as a principal structure as defined herein. Agricultural lands. Those lands used for the planting and harvesting of crops or plant growth of any kind in the open, pasture, horticulture, dairy farming, floriculture, or the raising of poultry or livestock. 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 Applicant. Any person submitting any application required or permitted pursuant to any of the provisions of this ordinance, and any person on whose behalf such an application is submitted. Best management practice. A practice, or a combination of practices, determined to be the most effective practical practicable means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals. Board. The Chesapeake Bay Preservation Area Board. Buffer area. An area of existing or established vegetation managed to protect other components of a r=oource p~u==~=~u~ area Resource Protection Area and state waters from significant degradation due to land disturbances. Caliper. The diameter of a tree measured six (6) inches above existing grade. Chesapeake Bay Preservation Area. Any land designated as such on the Chesapeake Bay Preservation Area Map adopted by the ~ ~ City Council, subject to the determination of the ~ ~ City Manager on a site-specific basis. A Chesapeake Bay Preservation Area shall consist of a resource protection area Resource Protection Area and a Eesource management area Resource Management Area. ~ Manager. The city manager City Manager or such other person or persons as he may designate to perform the duties, or to 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 exercise the authority, of the city manager City Manaqer pursuant to the provisions of this ordinance. Construction footprint. The area of all impervious surface created by development or redevelopment of land, including, but not limited to, buildings, roads, drives, parking areas and sidewalks, and any other land disturbed for the construction of such m~2~ ' ' ' _A~ ' ' improvements. ~o defznztzon shall ~u~ include constructzon acceosways and staging areas for ~L~nor proj~o where ouch accesswayo and ~==~o do --=~u~ result ~n ~ dzstuzbance. Development. The construction or installation of any improvement upon a parcel of land, or any land disturbance associated therewith. Diameter at breast height. The diameter of a tree measured at a point four and one-half (4c1/2) feet above the existing grade. Dripl~ne. An imaginary perpendicular line extending downward from the outermost tips of the branches of a tree to the ground. Highly erodible soils. Those soils on slopes seaward of the point at which the slope of the ground changes from less than six (6) percent to greater than six (6) percent and the toe of the slope is located within one hundred (100) feet of tidal wetlands, nontidal wetlands or tidal shores, any component of the resource protection area. The top of bank shall be the landward limit of highly erodible soils. 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 Impervious cover. A surface composed of any material which significantly impedes or prevents natural infiltration of water into the soil, including, but not limited to, buildings and other structures and the components thereof, concrete, asphalt, or compacted gravel surface. Land disturbance. Any activity upon land which causes, contributes to, or results in the destruction, removal or covering of the vegetation upon such land, including, but not limited to, clearing, dredging, filling, grading or excavating. The term shall not include minor activities such as home gardening, individual home landscaping and home maintenance. nor pro =~. =---~-- - ' ' --- than or equal to two ~~l~ ~ constructzon footprznt of I=~o ......... ~ ~ ~ ....... of thousand five ~.~==~ ( , = 5~) square====. For the purpose° , ' ' ' ' ~=~- ordinance, =~l~ thzs defznmtzon ~=~z al~o znclude accessory ' -- ~- ~2 ~-- ' ' -- structu==o ........ ~ defzned having a construction footprint of less than two thousand five .......... 500) square feet Nonpoint source pollution. Pollution consisting of constituents such as sediment, nutrients, and organic and toxic substances from diffuse sources, such as runoff from agriculture and urban land development and use. Nontidal wetlands. Those wetlands other than tidal wetlands that are inundated or saturated by surface or ground water at a 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions identified or referred to in the City of Virginia Beach Soil Survey by soil names Backbay Mucky Peat; Duckston portion of Corolla-Duckston Fine Sand; Dorovan Mucky Peat; Duckston Fine Sand; Nawney Silt Loam; Pamlico Mucky Peat; Pamlico-Lakehurst Variant Complex; Pocaty Peat; or Rappahannock Mucky Peat, Strongly Saline; and any other lands which under normal conditions are saturated to the ground surface and connected by surface flow and contiguous to tidal wetlands or tributary streams adjacent to waterbodies with perennial flow. Noxious weeds. Plants such as Johnson qrass, kudzu, and multiflora rose. Person. An individual, fiduciary, corporation, firm, partnership, association, organization, or any other entity or combination thereof. Principal structure. A structure that encloses or houses any principal use. For the purposes of this ordinance the term principal structure shall not include appurtenances including (i) a required parking area as set forth in Sections 203 (a) and (b) of the City Zoninq Ordinance (Appendix A), (ii) a driveway connecting the required parking area to the public right-of-way, and (iii) a sidewalk connectinq any outside entrance or exit of the principal structure to the required parkinq area. 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 Public road. A publicly owned road desiqned and constructed in accordance with water quality protection criteria at least as strinqent as requirements applicable to the Virqinia Department of Transportation, includinq regulations promulgated pursuant to (i) the Erosion and Sediment Control Law (Section 10.1-560 et seq. of the Code of Virqinia), and (ii) the Virqinia Stormwater Manaqement Act (Section 10.1-603.1 et seq. of the Code of Virqinia). This definition includes those roads where the Virqinia Department of Transportation exercises direct supervision over the design or construction activities, or both, and cases where roads are constructed or maintained, or both, by the City in accordance with the current edition of the City of Virqinia Beach Public Works Standards and Specifications. Redevelopment. The construction, substantial alteration or installation of any improvement upon a lot or parcel of land, that is or has been previously developed, where there is no net increase by ' - ~- ~ ....... ~ ......... =--- the proposed construction within resource protection ~==~. For purpos=o of apply~n~ definztzon, any lot zn =~otence przor to October I, ~9 , ' ...... ~' deemed to remazn a separate lot z===spe~=zve of the o~sequ ~=~=~li of one or moA= of zto lot lines. Resource management area Manaqement Area. That component of a Chesapeake Bay Preservation Area not classified as a protection area Resource Protection Area. Resource management 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 areas Management Areas include land types which, if improperly used or developed, have the potential for causing significant water quality degradation or for diminishing the functional value of a resource protection area Resource Protection Area. Resource protection area Protection Area. That component of a Chesapeake Bay Preservation Area comprised of lands at or near the shoreline adjacent to waterbodies with perennial flow which have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may result in significant degradation to the quality of state waters. Silvicultural activities. Forest manaqement activities, includinq but not limited to the harvestinq of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation that are constructed in accordance with the silvicultural best management 210 211 212 practices developed and enforced by the State Forester pursuant to Section 10.1-1105 of the Code of Virginia and are located on property defined as real estate devoted to forest use under Section 213 214 215 216 217 58.1-3230 of the Code of Virqinia. Subdivision. The division of any parcel of land into two (2) or more lots or parcels. The term shall include all changes in lot lines, the creation of new lots involving any division of an existing lot or lots and, if a new street is involved in such 218 219 220 221 222 division, any division of a parcel of land. When appropriate to the context, the term shall also include the process of subdividing and the territory subdivided. Substantial Alteration. The expansion or modification of a building or development that would result in a disturbance of land 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 exceeding an area of two thousand five hundred (2,500) square feet in the Resource Management Protection Area only. Tidal shore. The area between the mean iow water and mean high water levels of tidal waters. Tidal wetlands. Vegetated and nonvegetated wetlands as defined in ~ Section 1401 of the city zoning ordinance City Zoninq Ordinance (Appendix A). Tributary stream. Any perennial stream depicted as suc~h on the most recent U.S. Geological Survey 7-1/2 minute topographic quadrangle map (scale 1-24,000). Water-dependent facility. A development of land which cannot exist outside of a resource protection area Resource Protection Area and which must be located on the shoreline by reason of the intrinsic nature of its operation. These facilities include, but are not limited to, ports, the intake and outfall structures of power plants, water treatment plants, sewage treatment plants, storm sewers, marinas and other boat docking structures, beaches and other public water-oriented recreation areas, fisheries or other marine resources facilities~ and shoreline protection 10 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 measures as authorized under the provisions of the wetlands zoning ordinance Sections 1400 - 1418 of the City Zoning Ordinance (Appendix A). Waterbodies w~th perennial flow. Any water body depicted as perennial based upon (i) the most recent U.S. Geological Survey 7- 1/2 minute topoqraphic quadranqle map (scale 1:24,000), or (ii) use of a scientifically valid system of in-field indicators of perennial flow made or confirmed by the City Manager. Wetlands. Tidal wetlands and nontidal wetlands as defined herein. Section 104. Areas of Applicability. (A) The Chesapeake Bay Preservation Area Ordinance shall apply to all lands which are included in the Chesapeake Bay watershed within the City of Virginia Beach. Such lands are designated as Chesapeake Bay Preservation Area~ on the Chesapeake Bay Preservation Area Map. (B) Resource protection areas Protection Areas shall include the following components' (1) Tidal wetlands; (2) Nontidal wetlands; (3) Tidal shores; and soilo (%~) A variable width buffer area not less than one hundred (100) Toot feet in width, vegetated buffer area located 11 266 a =~=**~ ~ and '-- = ..... = z=,~u.=~u of the componento 267 268 269 ~-~=~.. .... {4)=~ ~ =, and along ~1--~-1-~.%1 oides of any tr-~=~ary The variable width buffer area shall be located' 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 (i) adiacent to and landward of the components listed in (1) through (3) above and (ii) along both sides of any water body with perennial flow. The variable width buffer area shall also include highly erodible soils where present and shall extend one hundred (100) feet landward of the landward limit of highly erodible soils. (C) Resource management areas Management Areas shall consist of all lands within Chesapeake Bay Preservation Areas which are not designated as resource protection areas Resource Protection Areas. These lands, if improperly used or developed, have a potential for causing significant water quality degradation or for diminishing the functional value of the Resource Protection Area. (D) The Chesapeake Bay Preservation Area Map shall delineate the general locations of resource protection areas Resource Protection Areas and resource management areas Resource Management Areas. The city manager City Manager shall have the final authority in cases of uncertainty to determine the extent of Chesapeake Bay Preservation Areas by application of the criteria set forth in this section. 12 289 290 291 292 293 294 (E) If the area encompassed by a Chesapeake Bay Preservation Area includes a portion of a lot less than or equal to three (3) acres in size, the entire lot shall be subject to the requirements of this ordmnance. Any lot subdivided after October 1, 1989 out of a lot lying partially within a Chesapeake Bay Preservation Area shall also be subject to the requirements of this ordinance. 295 296 297 298 299 300 301 There shall be no development in resource protection areas for the constructzon, -~nstallatzon or ~LL=~,~=,,~= of wat=r dependent facilities, redevelopment subject to the requirements of this ordinance, and minor projects located~.= .... ~= landward fifty f he buffer pursuant ~ o=~~, 106 of thzs ordznance. 302 303 304 305 306 307 308 309 310 311 "---'-- I^~ '"--- poj ~j ~= ~=y Manager o~,~_~_ allow, ~o an =~=F=zon, mznor Froj=cto located in the ~ ........ ~ fifty (~) feet of the buffer area whzch comply w~=~ s=ctzons I00 =nd II0 of =~s ordinance, '~' ~" projects located in the seaward fifty (50)~==~ .... of ~ m / u~lnor ...... =-' ...... ' except as otherwise the buffer ==== o~I ~u= ~= permztted, p~u~u=u zn oect~on 113 {B) of thzs ordznance. (C) Minor projects located in their entirety within the resource management area shall not be subject to the requirements of this ordinance. 13 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 Section 107 105. Interpretation of Chesapeake Bay Preservation ;trea boundaries. The Chesapeake Bay Preservation Area Map adopted by the ~ ~ City Council shall be used as a guide to the general location of Chesapeake Bay Preservation Areas. The site-specific boundaries of a Chesapeake Bay Preservation Area shall initially be delineated by the applicant, and shall be subject to approval and modification by the city manager City Manaqer on the basis of the criteria set forth in ~ Section 104 ~ of this ordinance. In making such a determination, the city manager City Manaqer may consider any relevant information and may perform site inspections. When a delineation of a Chesapeake Bay Preservation Area, or any component thereof, has been approved or established by the ~ nva~-ra~-r City Manaqer, the Chesapeake Bay Preservation Area Map shall be amended by the Board to reflect such delineation. 327 328 329 330 331 332 333 334 335 Section ~ 106. Performance standards. The performance standards set forth in this ~ Section are intended to prevent a net increase in nonpoint source pollution from new development and development on previously developed land where the runoff was treated by a water quality protection best manaqement practice, achieve a ten (10) per cent reduction in nonpoint source pollution from redevelopment development on previously developed land where the runoff was not treated by one or more water quality best management practices, and achieve a 14 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 forty (40) per cent reduction in nonpoint source pollution from agricultural and silvicultural uses. (A) General performance standards for development and redevelopment. Except as otherwise provided herein, the following standards shall apply to all development and redevelopment in both Resource Protection Areas and Resource Manaqement Areas of the Chesapeake Bay Preservation Area: (1) Land disturbance shall be limited to the area necessary to provide for the desired use proposed use or development. The limits of land disturbance, including clearing or grading, shall be strictly defined by the construction footprint as shown on the approved plan of development. Clearing shall be allowed only to provide necessary access, site drainage, water quality best management practices, installation of utilities and primary and reserve drainfield sites as detailed on a Virginia Department of Health sewage disposal construction permit. These limits shall be clearly shown on all plans submitted and physically marked on the site. (2) Existing vegetation shall be preserved to the maximum extent possible practicable consistent with 15 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 the use ~ or development permitted proposed and in accordance with the most recent current edition of the Virginia Erosion and Sediment Control Handbook. (a) Where areas to be preserved are considered to be part of the stormwater management plan for that site, ~~9 ~=~= of greater than ' - ' - ......... 'ght {6) zncheo diameter ~ ~o~ hei shall preserved outside the construction footprint. ~ diseased trees or trees weakened by age, storm, fire, or other injury may be removed. (b) Prior to clearing er grading, suitable protective barriers, such as safety fencing, shall be erected outside of the dripline of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage ef equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier. (3) Land development shall minimize impervious cover to promote infiltration of stormwater into the ground consistent with the use or development permitted 16 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 proposed through the incorporation of structural or nonstructural urban best management practices- (a) As described in the most recent current edition of the Urban Best Virqinia Stormwater Management Practices Handbook of the V=---=-=- Water Control Board; or (b) As described in the City of Virginia Beach Stormwater Management Ordinance (Appendix D). (c) During the design phase of development, consideration should be given to the following means of minimizing impervious cover' ~-a-~ 1. Placement of parking areas under multiple-family, office or commercial buildings; ~ 2. Construction of no more than the minimum number of parking spaces required by the City Zoning Ordinance (Appendix A); ~ 3. Utilization of modular grid pavers on private property and in iow-traffic zones; and ~ 4. Cluster development in lieu of conventional development by use of condztionat zoning or the open space 17 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 promotion option as set forth in the City Zoning Ordinance (Appendix A). (4) Notwithstanding any other provision of this ordinance, any land disturbance, as defined in Section 10.1-560 of the Code of Virginia, exceeding two thousand five hundred (2,500) square feet, including, but not limited to, construction of all single-family houses, septic tanks, and drainfields, shall comply with the requirements of errl-i-czre Article III of tqTapt-~ Chapter 30 of the Code of the City of Virginia Beach (City Code ~ Sections 30-56 through 30-78). (5) Ail on-site sewage disposal treatment systems not requiring a Virginia Pollutant Discharge Elimination System (VPDES) permit shall be pumped out at least once every five (5) yearsT, provided, however, that: (a) Subject to conditions established by the Virginia Beach Health District of the Virginia Department of Health, the owners of such systems may, in lieu of pumping out such systems every five (5) years, have a plastic filter installed and maintained in the outflow pipe from the septic tank to filter solid 18 431 material from the effluent while sustaining 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 45O 451 452 453 454 adequate flow to the drainfield to permit normal use of the septic system. Such a filter shall satisfy standards established in the Sewage Handling and Disposal Regulations (12 VAC 5-610) administered by the Virginia Department of Health; and (b) In lieu of requiring proof of septic tank pump out every five (5) years, the City may allow owners of on-site sewage treatment systems to submit documentation every five (5) years, certified by a sewage handler permitted by the Virginia Department of Health, to the effect that the septic system has been inspected and is functioning properly and that the effluent does not need to be pumped out of the tank. (6) For new construction not served by public sewer or other system requiring a VPDES permit, a reserve sewage disposal drainfield site with a capacity at least equal to that of the primary sewage disposal drainfield site shall be provided. This requirement shall not apply to any lot or parcel recorded prior to October 1, 1989, if such lot or parcel is not sufficient in capacity to accommodate 19 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 a reserve sewage disposal ~---~ ' as u~nfzeld site, determined by the Virginia Beach Health District ~ the Vzrg~n~a ,~~ ~=~~=~. Building or construction of any impervious surface shall be prohibited on the area of all sewage disposal , ~~=~~---~--=~-~ sites, including reserve draznf~-~ sewage disposal sites, until the property is served by public sewer or an on-site sewage treatment system operating under a VPDES permit. Ail sewage disposal site records shall be administered to provide adequate notice and enforcement. As an alternative to the reserve sewage disposal site, the owners of such systems may install an alternative drainfield system meetinq the following conditions: (a) Each of the two (2) alternating drainfields in the system shall have, at a minimum, an area not less than fifty (50) percent of the area that would otherwise be required if a single primary drainfield were constructed; (b) An area equal to fifty (50) percent of the area that would otherwise be required for the primary drainfield site shall be reserved for subsurface absorption systems that utilize a 2O 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 5OO 501 502 flow diversion device, in order to provide for future replacement or repair to meet the requirements for a sewaqe disposal system. Expansion of the primary system shall require an expansion of the reserve system; (c) The two (2) alternating drainfields shall be connected by a diversion valve, approved by the Virqinia Beach Health District, located in the pipe between the septic tank and the distribution boxes. The diversion valve shall be used to alternate the direction of effluent flow to one (1) drainfield or the other at a time. Diversion valves shall not be used for the following types of treatment systems: (1) Sand mounds; (2) Low pressure distribution systems; (3) Repair situations when installation of a valve is not feasible; and (4) Any other approved system for which the use of a valve would adversely affect the design of the system, as determined by the Virqinia Beach Health District; (d) The diversion valve shall have three (3) port, two (2) way valve of materials resistant to 21 503 504 5O5 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 sewage, leakproof and desiqned so that the effluent from the tank can be directed to flow into either one (1) of the two (2) distribution boxes; (e) There shall be a conduit from the top of the valve to the ground surface with an appropriate cover to be level with or above the ground surface; and (f) The valve shall not be located in driveways, recreational courts, parkinq lots, or beneath sheds or other structures. In lieu of a diversion valve, any device that can be designed and constructed to direct the flow of effluent from the tank into either one (1) of the two (2) distribution boxes may be approved if plans are submitted to the Virginia Beach Health District and determined to be satisfactory; (h) Owners shall alternate using the drainfields every twelve (12) months to permit the yearly resting of half of the absorption system. (i) The City shall ensure that the owners are notified annually of the requirement to switch the valve to the opposite drainfield. 22 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 55O (7) Stormwater manaqement criteria for development shall apply to any redevelopment. Stormwater manaqement criteria consistent with the water quality protection provisions (4 VAC 3-20-71 et. seq.) of the Virqinia Stormwater Management Regulations (4 VAC 3-20) shall be satisfied. The followinq stormwater manaqement options shall be deemed to comply with such criteria and regulations: (a) Incorporation on the site of best management practices that meet the water quality protection requirements set forth in this subsection. For the purposes of this subsection, the site may include multiple projects or properties that are adjacent to one another or lie within the same drainaqe area where a sinqle best manaqement practice shall be utilized by those projects to satisfy water quality protection requirements; (b) Compliance with the stormwater management program adopted by the City, which shall include a VPDES permit issued by the Department of Environmental Quality to the City for its municipally-owned storm sewer 23 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 system discharges that has been reviewed and found by the State Water Control Board to achieve water quality protection equivalent to that required by this subsection; and (c) Compliance with a site-specific VPDES permit issued by the Department of Environmental Quality, provided that the City specifically determines that the permit requires measures that collectively achieve water quality protection equivalent to that required by this subsection. Any maintenance, alteration, use or improvement to an existinq structure that does not deqrade the quality of the surface water discharge, as determined by the City, shall be exempt from the requirements of this subsection. (~) For any development or redevelopment, stormwater runoff shall be controlled by the use of best management practices that achieve the following results: (a) For development, the postdevelopment nonpoint source pollution runoff load shall not exceed the predevelopment load based on an average total phosphorus loading (FVA) of 2.72 pounds ~ per acre ~ per year and an equivalent 24 574 575 576 577 578 579 58O 581 582 583 584 585 586 587 588 589 59O 591 592 593 594 595 596 impervious cover (IVA) of twenty five (25) percent. (b) For redevelopment, the nonpoint source pollution load shall be reduced by at least ten (10) per cent of the existing load. The city manager City Manaqer may waive or modify this requirement for redevelopment sites that originally incorporated best management practices for stormwater runoff quality control, provided that' 1. In no case may the postdevelopment nonpoint source pollution runoff load exceed the predevelopment load; and 2. Best management practice facilities shall be in good working order and performing at the design levels of service. The city manager City Manager shall conduct a review of the original structural design and the maintenance plans of such facilities. The execution of a new maintenance agreement may be required to ensure compliance with these requirements. 25 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 (c) Predevelopment and postdevelopment loadings shall be calculated by the same procedures as outlined by the current Virginia Stormwater Management Handbook Chesapeake Bay Local Assistance- Department ~- ito- local ~ Manual. ' For a redevelopment szte more than ~znety (90) per centu~-= w~-~ ~- covered ~-- impervious ouz=~=o, reotor~tlu~ u= ~ minimum of twenty (20) per cent u= the -= - - o~= =u vegetated open space s~hall be deemed the equivalent of a ten ~) ~er ~=~ reductz~ zn nonpoznt oource (~j) Calculations involving the percentage of site area under impervious cover shall be based upon the lot area landward of mean low water and wetlands. Impervious cover shall not include the water surface area of a swimming pool. (~R) Low maintenance and nonstructural best management practices shall be employed to the maximum extent practicable. Prior to the authorization and initiation of grading or other on-site activities on that portion 26 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 (~1o) ~-= all permits required by of a ~u~ or parcel, Sections 1400 through 1418 of the City Zoning Ordinance (Appendix A) the Wetlands Zoning Ordinance and ~ Sections 401 and 404 of the Clean Water Act (33 U.S.C. ~ Sections 1341 and 1344) shall be obtained and evidence of such submitted by the applicant to the City. Land upon which agricultural activities are conducted shall have a soil and water quality conservation ~ assessment conducted that evaluates the effectiveness of existinq practices pertaining to soil erosion and sediment control, nutrient manaqement, and management of pesticides and, where necessary, outlines additional practices needed to ensure that water quality protection is accomplished consistent with this ordinance. Such p-~ assessment shall be based upon the standards set forth in the January 1999 Field Office Technical Guide of the U.S. Department of Agriculture ~ Natural Resource Conservation Service or the January 2001 Virginia Agricultural BMP Manual of the Virginia Department of Conservation and Recreation and accomplish water quality protection consistent with this ordinance. 27 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 (-1--t-12) Such ~ plan ~,l~ be Dare - ~mm~~ by the Virgznz~ Soil and Water Conservation District by January I, Proposed revegetation of disturbed areas shall provide maximum erosion and sediment control benefits. Access for development requiring permits under ~ Section 6-136 of the City Code or ~ Section 1403 of the wetlands zoning o~dinancc City Zoninq Ordinance, and for development authorized by ~ Section 1402 of the wetlands zoning ordinance City Zoninq Ordinance, shall be limited to a single accessway so as to maintain the integrity of the buffer area. Fill for such __ _ ' --.-1-- ~ 2 --2 -- ' development ~=ferred to mn o~v~oion (A) (II) h~ shall be limited to minimize disturbance of existing vegetation and contours so as to effectively maintain the integrity of the buffer area. (13) Disposal sites for dredged material shall be located and stabilized landward of the buffer area. (14) Excavation material from construction, including dredged material, shall be disposed of in a lawful manner. 28 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 (15) Silvicultural activities within Chesapeake Bay Preservation Areas shall be exempt from this ordinance, provided that silvicultural operations adhere to water quality protection procedures prescribed in the January 1997 "Forestry Best Manaqement Practices for Water Quality in Virginia Technical Guide" of the Virginia Department of Forestry. (16) All development exceedinq two thousand, five hundred (2,500) square feet of land disturbance shall be accomplished throuqh a plan of development review process consistent with Section 15.2-2286 (A) (8) of the Code of Virginia and subdivision 1 (e) of 9 VAC 10-20-231 (Chesapeake Bay Preservation Area Desiqnation and Manaqement Requlations). (17) Where the best manaqement practices utilized require reqular or periodic maintenance in order to continue their functions, such maintenance shall be ensured by the City through a maintenance aqreement with the owner or developer or the owner shall certify yearly that maintenance has been accomplished. (B) Buffer Area Requirements. Resource Protection Areas. Development criteria for In addition to the general 29 693 performance standards set forth in this section, the 694 695 696 697 698 699 700 701 702 703 704 705 706 707 7O8 709 710 711 712 713 714 715 716 following standards shall apply to all use, development and redevelopment in Resource Protection Areas, except as otherwise provided herein: (1) Land development may be allowed in the Resource Protection Area only if such development (i) is water dependent; (ii) constitutes redevelopment; (iii) is a new use established pursuant to Subsection(B) (4) hereof; (iv) is a road or driveway crossing satisfying the conditions set forth in subdivision (d) hereof; or (v) is a flood control or stormwater manaqement facility satisfying the conditions set forth in subdivision (e) hereof. In addition thereto, the following requirements shall apply: (a) A water quality impact assessment in accordance with Section 110 (C) of this ordinance shall be required for any proposed land disturbance. (b) A new or expanded water dependent facility shall be allowed provided that the following criteria are met: 1. Such facility does not conflict with the comprehensive plan; 30 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 . Such facility complies with the general performance standards set forth in this , , Section; Any non-water dependent component of such facility is located outside of the Resource Protection Area; and Access to such facility shall be provided with the minimum land disturbance necessary. Where practicable, a sinqle point of access shall be provided. (c) Redevelopment shall be permitted in the Resource Protection Area only if (i) there is no increase in the amount of imperious cover; (ii) no further encroachment within the Resource Protection Area; and (iii) such redevelopment conforms to applicable erosion and sediment control and stormwater manaqement criteria set forth in Section 106 (A) of this ordinance to applicable stormwater manaqement requirements of all state and federal aqencies. (d) Roads and driveways not exempt from the provisions of Section 109 (A) (1) of this ordinance may be constructed in or across 31 741 Resource Protection Areas if each of the 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 following conditions is met: 1. The City Manager finds that there are no reasonable alternatives to aligning the road or driveway in or across the Resource Protection Area; 2. The alignment and design of the road or driveway are optimized, consistent with other requirements, so as to minimize encroachment into the Resource Protection Area and adverse effects on water · · quality; The design and construction of the road or driveway satisfy all applicable criteria of this ordinance, including submission of a water quality impact assessment; and The City Manager reviews the plan for the road or driveway proposed in or across the Resource Protection Area in coordination with City site plan, subdivision and other applicable plan of development reviews. 32 764 (e) Flood control and stormwater manaqement 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 facilities that drain or treat water from multiple development projects or from a significant portion of a watershed may be allowed in Resource Protection Areas, provided that- . the City Manaqer conclusively establishes that the location of the facility within the Resource Protection Area is the . . · · optimum location; the size of the facility is the minimum necessary to provide necessary flood control or stormwater treatment, or both; the facility is consistent with a stormwater management proqram approved by the Department of Environmental Quality as a Phase I modification to the City's proqram; all applicable State and Federal permits are obtained from the appropriate federal and state agencies havinq jurisdiction; approval is received from the City Manaqer prior to construction; and 33 787 788 789 790 791 792 793 794 795 796 797 798 799 8OO 801 802 803 804 805 806 8O7 808 809 810 6. routine maintenance is performed on such facilities to assure that they continue to function as designed. It is not the intent of this subdivision to allow a best manaqement practice that collects and treats runoff from an individual lot or portion thereof to be located within a Resource Protection Area. (2) Exemptions in Resource Protection Areas. The followinq land disturbances in Resource Protection Areas shall be exempt from the criteria of this Section provided that they comply with the applicable standards set forth in Section 110 (B) of this ordinance' (a) water wells; (b) passive recreation facilities such as boardwalks, trails and pathways; and (c) historic preservation and archaeoloqical activities. (3) Buffer area requirements. The buffer area shall be the landward component of the Resource Protection Area. Notwithstanding the existence of permitted uses, encroachments, and vegetation clearing, as set forth in this Section, the buffer area shall not be deemed to be reduced in width. To minimize 34 811 the adverse effects of human activities on the 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 other components of the Resource Protection Area, state waters, and aquatic life, a minimum one hundred (100) foot wide buffer area of vegetation that is effective in retarding runoff, preventinq erosion, and filtering nonpoint source pollution shall be retained if present and established where it does not exist. (a) The one hundred (1007 foot wide buffer area shall be deemed to achieve a seventy-five (75) percent reduction of sediments and a forty (407 percent reduction of nutrients. (bT Where land uses such as aqriculture or silviculture within the area of the buffer cease and the lands are proposed to be converted to other uses, a minimum one hundred (1007 foot wide buffer shall be reestablished. In reestablishinq the buffer, manaqement measures shall be undertaken to provide woody vegetation that assures the buffer functions set forth in this ordinance. (47 Permitted encroachments into the buffer area. (a) When the application of the buffer area would result in the loss of a buildable area on a 35 835 836 837 838 839 84O 841 842 843 844 845 846 847 848 849 850 851 852 853 854 855 856 857 858 lot or parcel recorded prior to October 1, 1989, encroachments into the buffer area may be permitted by administrative variance, as set forth in Section 110 (B) of this ordinance and in accordance with the followinq criteria' 1. Encroachments into the buffer area shall · be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities· Where practicable, a veqetated area that will maximize water quality protection, mitiqate the effects of the buffer encroachment, and is equal to the area of encroachment into the buffer area shall be established elsewhere on the lot or parcel. 3. The encroachment may not extend into the seaward fifty (50) feet of the buffer area. (b) When the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded between October 1, 1989 and January 1, 2004, encroachments into the buffer area may be permitted by administrative 36 859 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 880 881 882 variance, as set forth in Section 110 (B) of this ordinance and in accordance with the following criteria: 1. The lot or parcel was created as a result of a legal process conducted in conformity with the Subdivision Ordinance (Appendix B); 2. Conditions or mitigation measures imposed throuqh a previously approved variance shall be met; 3. If the use of a best manaqement practice (BMP) was previously required, the BMP shall be evaluated to determine if it continues to function effectively and, if necessary, the BMP shall be reestablished or repaired and maintained as required; and 4. The criteria in subdivision 4 (a) of this section shall be met. (C) Encroachments located in the variable width buffer areas as defined in Section 104 (B) if this ordinance may be permitted by administrative variance, as set forth in Section 110 (B) of this ordinance. 37 883 (5) Permitted modifications of the buffer area. 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 900 901 902 903 904 9O5 906 (a) In order to maintain the functional value of the buffer area, existing vegetation may be removed only pursuant to an administrative variance, as set forth in Section 110 (B) of this ordinance, and only to provide for reasonable sight lines, access paths, general woodlot management, and best management practices, including those that prevent upland erosion and concentrated flows of stormwater, as follows: 1. Trees may be pruned or removed as necessary to provide for sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff. 2. Any path shall be constructed and , surfaced so as to effectively control erosion. Dead, diseased, or dying trees or shrubbery and noxious weeds may be removed and thinning of trees may be 38 907 allowed pursuant to sound horticultural 9O8 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 · practices incorporated into City-adopted standards. For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice and applicable permit conditions or requirements. (b) On agricultural lands, the agricultural buffer area shall be managed to prevent concentrated flows of surface water from breaching the buffer area, and appropriate measures may be taken to prevent noxious weeds from invadinq the buffer area. Agricultural activities may encroach into the buffer area as follows' , Agricultural activities may encroach into the landward fifty (50) feet of the buffer area if at least one (1) agricultural best manaqement practice is beinq implemented on the adjacent land and such best manaqement practice, in the 39 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 95O 951 952 953 954 . opinion of the Virginia Dare Soil and Water Conservation District board, addresses the predominant water quality issue (either erosion control or nutrient management). In such cases, the combination of the undisturbed buffer area and the best manaqement practices shall achieve water quality protection, pollutant removal, and water resource conservation at least the equivalent of the minimum one hundred (100) foot buffer area. If nutrient management is identified as the predominant water quality issue, a nutrient management plan, including soil tests, must be developed consistent with the Virginia Nutrient Management Training and Certification Regulations (4 VAC 5-15) administered by the Virginia Department of Conservation and Recreation. Agricultural activities may encroach within the landward seventy-five (75) feet of the buffer area when agricultural best management practices which address 4O 955 956 957 958 959 960 961 962 963 964 965 966 967 968 969 970 971 972 973 974 975 976 977 erosion control, nutrient management, and pest chemical control, are beinq implemented on the adjacent land. The erosion control practices must prevent erosion from exceedinq the soil loss tolerance level, referred to as "T" , as defined in the "National Soil Survey Handbook" of November 1996 in the "Field Office Technical Guide" of the U.S. Department of Agriculture Natural Resource Conservation Service. A nutrient management plan, including soil tests, must be developed, consistent with the Virqinia Nutrient Management Training and Certification Requlations (4 VAC 5- 15) administered by the Virqinia Department of Conservation and Recreation. In conjunction with the remaininq undisturbed portion of the buffer area, this collection of best manaqement practices shall be presumed to achieve water quality protection at least the equivalent of that provided by the 41 978 minimum one hundred (100) foot buffer 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 · · area· The buffer area shall not be required to be designated adjacent to aqricultural drainage ditches if at least one (1) best manaqement practice which, in the opinion of the Virqinia Dare Soil and Water Conservation District board, addresses the more predominant water quality issue on the adjacent land (either erosion control or nutrient manaqement) is being implemented on the adjacent land. If specific problems are identified pertaininq to agricultural activities that are causinq pollution of the nearby waterbody with perennial flow or violate performance standards pertaininq to the vegetated buffer area, the City, in cooperation with Virqinia Dare Soil and Water Conservation District, shall recommend a compliance schedule to the landowner and require the problems to be corrected consistent with that schedule. This schedule shall expedite 42 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 · environmental protection while taking into account the seasons and other temporal considerations so that the probability for successfully implementing the corrective measures is greatest. In cases where the landowner or his agent or operator has refused assistance from the Virginia Dare Soil and Water Conservation District in complying with or documenting compliance with the agricultural requirements of this ordinance, the District shall report the noncompliance to the City Manager. The City Manager shall require the landowner to correct the problems within a specified period of time not to exceed eighteen (18) months from the initial notification of the deficiencies to the landowner. The City Manager, in cooperation with the District, shall recommend a compliance schedule to the landowner. This schedule shall expedite environmental protection while taking into account the seasons and other 43 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 temporal considerations so that the probability for successfully implementing the corrective measures is greatest. (6) Water quality impact assessment. A water quality impact assessment shall be required for any proposed land disturbance or redevelopment within the Resource Protection Area consistent with this Section and for any other development in Chesapeake Bay Preservation Areas that may warrant such assessment because of the unique characteristics of the site or intensity of the proposed use or development. (a) The purpose of the water quality impact assessment is to identify the impacts of proposed development on water quality and lands within Resource Protection Areas consistent with the qoals and objectives of the Act and this ordinance, and to determine specific measures for mitiqation of those impacts. (b) The water quality impact assessment shall be of sufficient specificity to demonstrate compliance with the criteria of this ordinance. 44 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 (c) Water quality impact assessments shall be undertaken in accordance with the requirements set forth in Section 107 (C) of this ordinance. To mznzmz,.= the advero= =~=~ of development actzvztzeo on the other components of resource protectzon areas, ot=t= ........ wat==o, and aquatic life, ~ one-hundred-=--=~uu= wldc buffer area of vegetation that is ef=--=ive==~= in retarding .................. ing ' ---' =~ ..... ~ ....... ~ .......... II ' = .... ff -~- ~ ~ b ..... = .... ~ ......... d established where it does not exist. ~=-~..= buffer =~=~ o..~ be lu~ed a ~=.~= to and landward u= u=~== component~ of = ==source protection ~==~. ~= ........... ' -- the landward ="'' buffer ~=~ o~.~= be deozgnated ~o component of the resource protection area. -= ........ -' ..... =--= buffer area shall be deemed to ach= ............. ' .... reduction of sediments and a forty {40) per cent reduction of nutrients. A combination of a buffer area not less than =~==~ (50) f==t zn wi~=~ and appropriate best man=~=~=~ pr=cti~=o l~=ed l~ndward of the buffer a=== ~~ collectively achieve water quality protection, pollutant ......... and water reoou=c= ~o==v~=~ at I=~-=~= the ~ ~ILL~ V ~ ~ f 45 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 equzvalent v= ~..= full one-.~u~red-foot buffer o~== may , . 1_.__ be employed zn Izeu of the one-~u~ed-=--= buffer .................... tandarcl$. ~=- buffer area shall be maintained to meet the following additional (1) In order to ma~nt=~n the fu~u~ value of thc buffer area, no =~o~9 ~=~=~=~ o~II bc removed except to provide for reasonable sight lines, access paths, general woodlot management, and best managementp~=~=~=o,= ..... ~o follows- (a) T~==s may be pruned or ==.~u~=u a~ neceoo=ry to ...... ~ -' - ' .... provided p~u= for szght Iznes and viot~o, ~=.~-=~ where removed, they shall be replaced wz=~ other veg=tatzu~ that~= - equally eff=ctzve i~ z==~zu~ runoff, =z-uo~., and f~Iter~ng nonpo~nt source pollut~on =~., runoff Any path o,~=~I be constructed and surfaced ..... ==--==---'-- control ' (c)~=~=,~--~ diseased, or dying trees or shrubbery ___.. 1 ........... 1 _~ ' -- ' -,~3 ~= ==-,~=~ =~ the dzocretzon of the landowner. For pro =~=o requzzing permzto under 6-136 of the City~=~-=- or section 1403 of the 46 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 wetlands zoning ordinance, and for projects authorized o=~=ion ~u= u~ =~= wetlands ' ---'~ .... tre=~ and woo may be ==~,uv=u, neceoo~ry control techn ueo employed, and appropriate vegetation -- '-~ .... ' '-- thc ~ ~=~ =~ protect or stab~l~= _ ' , ...... ~ .... , ohorel~ne in ~u=u~= w~th the best available technical advice and applicable permit conditions or requirements. (2) When the application of the buffer areas would __ _ ' q ~_1_ _ result~= .... ~= loo3 of o buz~=owle oreo on a lot or parcel recorded prior to October I, 1909, the city manager may reductkono of the w~u~ of thc buff=r or=o ~, accordant= wkth following crkter~o Encroachments upon, or reductions in the width == ..... == ........ shall be the minimum necessary to o~u~=,u~== o ==~sonabl~ construction footprint solely for a principal structure. Once construction is complete, the vacant area within the construction footprint s~hall be restored with vegetation; , size to the area of the buffer reduced or encroached upon shall 'me eot .... ~u~ elsewhe=~ 47 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 on the lot in such manner as to maximize water ..... : ........... : -- - ar, d buffer ~ be le~ ~ fifty (50) f=~t zn (3) On agricultural lands, the agricultural buffer area ~I be managed to ezevent concentrated flows of , ..... =--- = .... = ..... ~ and noxious weeds ~u~~ water z~um ~~ing, ~ znvadzng, the buffer ~. ~ agrzcultuzal ~ .............. follows- ~==== ~==~ may be reduced =o '-' - ' ' =~=~ of fifty {50) feet when the %~/ TO u minimum ~ uu3 eot lng ~u io im f=d=r~l or locally funded agrzcu~ural b~t management p=~~=o p=u~=~, provided that the combination of the reduced buffer area and thc ' .... ' -- achieve water ue~t management practzc=~ .... ~ = .... ' and qu=mmu3 protectzon, pollutant removal, water resource conservation at least thc equivalent of the one-hundred-foot buffer area, as determined by the Virginia Dare Soil ~u Water Conservatzon Dzstrzct, To ~ mznzmum w~ of twenty fzve (~) when a soil and water quality conservation pl .... gi ' - an, ~ approved b3 the Viz 48 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 d ' ~: .... : -~ h b an Water Con ........ ion o=. ~ as eon zmplemented' on the ~ubject- land. ~,~ ..... -lan shall be based upon the~z~u-' ~ Office Technical ~"~ .... ~ the U S Department of rzcultu~ Soil Conservation 3ervice and accomplish water quality protection consistent with ~,~ ~ s ordinance; agricultural drainage ditches if the subject agricultural land has in place best management practiceo ~ =~u=u~= with a conservation plan approved by the Virginia Dare Soil and Water Conservation District. ( ) p d d ....... d p d --='~ .... =-II b D A new or ex an e ~=~ e en ent~ =~=~=1 o~ e I ~ uu:o ~ ......... ..u~ ~u..==l~ct w~.~ the comprehensive plan; (2) it complies with all of the applicable performance ot=ndards ~o o=t forth ~n o=~=~u,~ 108 of ordinance {this section); %~1 n~y ~u~-wou~z-uc~u~,u component is located landward of resource protection areas; and ' ~ ' ~ ..... ' ' ~ =~ the minimum ~ ~ ~=oo will be provided w~ ~ ...................... Who poss 'ble -ingle point of ~=oo ~ be provided. 49 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 E . F, Redevel opmen t ........... ce ~=~ -- ~ ,LLa~, standards. ( 1 ) Redevelopment shall conform to the applicable stormwater management and erosion and sediment control .... = ........ ~=~~,,~.~= -tandards set forth in ~ nn _r =~ - ordinance '=~ ..... = --' ppl' - ...... ~ ' --~ the a zcant ~,~.I e~t~.zsh or (2) ~"~.~,=~= po~.~.e, maintain a vegetated buffer of sufficient --~.~**~ to ~,=~ achzeve the ten (~)~ ~=~=~ reductzon zn the =~ =~ nonpoznt source pollutzon load for redevelopment. "~ .... projects ........... ce ' ~=~,~ standards The follow~ng standardo ~~ apply to all m~nor projecto located the landward fifty (50) feet of the buffer area- (1) '=e encroachment znto the buffer minimum necessary to afford relief; (2) Best management practices shall be prov~=~=~--' where necessary top~=~=**~ a net increase **~n nonpolnt source poI'~u=~--=Jon; ~o~ Eroszon and sedzment controlo where necessary to prevent erosion; ' ~ ~ ......... ~ ........ ~ -' = ............... ' shall be disposed of in a lawful manner; and ~/ ~ ~~u t~e~ on the ~t~ whzch ar~ : ................. ' ' - ...... 'ght ~,,~,~=~ ~ u~=~=~ zn dzameter~ ~e~t hez and 50 1193 1194 1195 1196 1197 ar= located --~- -- ' w~~ twent~ f~ve {25) .... of thc construction footprint s~hall be identified and protected. ~.~"~tz~on~ for ~o removed be in accordance- --~w~c~ section I10{~' {2)'~)~ ~ of this ordinance· 1198 Section 10~ ......... = · ~~V~, 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 Section """ 107 Plan of development process ~ · · Any development or redevelopment in the Chesapeake Bay Preservation Area shall be accomplished through a plan of development process consistent with Section 15.2-2286 (8) of the Code of Virginia, Section 15.1-2-2286 {8). Approval shall be rendered for a plan prior to commencement of any land-disturbing activity on site or the issuance of any building permit. Plans and information required under this section may be coordinated or combined as deemed appropriate by the city manager City Manager. Ail information required in this section shall be drawn to the same scale as the preliminary site plan or final subdivision plat, and certified as complete and accurate by persons duly licensed by the Commonwealth of Virginia to practice as such. Any applicant, or potential applicant, may confer with such departments and other agencies of the ~ City as may be appropriate concerning a general development or redevelopment proposal before submission of 51 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 an application. Such conference shall not be construed as an application for approval of such proposal. (A) General plan of development process. Except as otherwise provided herein, the plan of development process for any development or redevelopment in a Chesapeake Bay Preservation Area, except development or redevelopment requirinq an administrative variance pursuant to Section 110 (B), shall consist of the plans and information identified below: (1) A site plan or a subdivision plat which meets the requirements of the Site Plan Ordinance (Appendix C) or Subdivision Ordinance (Appendix B), as the case may be, and which clearly delineates the following environmental features: (a) Tidal wetlands; (b) Tidal shores; (c) Nontidal wetlands; 5h~ the location and extent of the nontidal wetlands which shall be determined in accordance with the procedures specified in the United States Corps Delineation Manual, of Engineers' Wetland Technical Report Y-87-1, January 1987, Final Report, as restricted by ~ Section 103 of this ordinancerL (d) Highly erodible soils; and 52 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 (e) A buffer area not less than one hundred (100) feet in widthl and located adjacent to and landward of components {a) t~hrough {d) and along both sides of any 1. any land comprised of hiqhly erodible soils; 2. any land adjoininq tidal wetlands, tidal shores, nontidal wetlands or hiqhly erodible soils; and 3. any land adjoining both sides of any waterbodies with perennial flow. (2) A landscape plan which delineates or complies with the following' (a) The location, size, and description of existing and proposed plant material. All existing trees on the site of six (6) inches or greater diameter at breast height shall be shown. Where there are groups of trees, stands may be outlined instead. The specific number of such trees to be preserved outside or within the construction footprint shall be indicated on the plan. Trees and plants to be disturbed or removed to create a desired construction footprint shall be clearly delineated. A description of the proposed measures for mitigation shall include (i) a replanting schedule 53 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 for trees and other vegetation removed for construction, including a list of plants and trees to be used; (ii) a demonstration that the design of the plan will preserve to the greatest extent possible any trees and vegetation on the site and will provide maximum erosion control and overland flow benefits from such vegetation; and (iii) a demonstration that existing plants are to be used to the greatest extent possible. If no mitigation or planting is required, existing trees may be delineated on the site plan or subdivision plat. (b) A delineation of any required buffer area and any plant material to be added to establish or supplement the buffer area. (c) Within the buffer area, a designation of the trees to be removed for sight lines, vistas, access paths and best management practices, and any vegetation replacing trees removed from the buffer area. (d) A designation of the trees to be removed for shoreline stabilization projects and any replacement vegetation. (e) A depiction of grade changes or other work adjacent to trees which would adversely affect them. Specifications shall be provided as to how grade, 54 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 drainage, and aeration would be maintained around trees to be preserved. (f) A description of the limits of clearing of existing vegetation, based on all anticipated improvements, including buildings, drives, and utilities, and specifications for the protection of existing trees during clearing, grading, and all phases of construction. (g) Ail supplementary or replacement plant materials shall be in a healthy condition. Plant materials shall conform to the standards of the most recent edition of the American Standard for Nursery Stock, published by the American Nursery and Landscape -= ............... and shall be installed Association u~ ~u~=~l~L=~, according to standard planting practices and procedures. (h) Where areas to be preserved are encroached upon, replacement of existing trees and other vegetation shall be achieved at a ratio of three (3) trees planted to one (1) tree greater than six (6) inches diameter at breast height removed, or by such other measures as in the judgment of the city manager City Manager will adequately compensate for the removal of such trees and other vegetation. 55 1310 1311 1312 1313 1314 1315 1316 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 Replacement trees shall be a minimum two (2) to two and one-half (2 -1/2) inches caliper at the time of planting. (3) A stormwater management plan containing maps, charts, graphs, tables, photographs, narrative descriptions, explanations, and supporting references. At a minimum, the stormwater management plan shall contain the following' (a) Location and design of all planned stormwater control devices. (b) Procedures for implementing nonstructural stormwater control practices and techniques. (c) A long-term schedule for inspection and maintenance of stormwater management consistent with the Stormwater Management Ordinance (Appendix D). (d) A maintenance agreement as deemed necessary and -~-- manager City Manaqer to appropriate by the ~ _ ensure proper maintenance of best management practices in order to continue their functions. (e) Predevelopment and postdevelopment nonpoint source pollutant loadings with supporting documentation of all utilized coefficients and calculations as outlined in ~-t-i-~ Section I00~j'~ ~',j ~ 106 (A) (7) of this ordinance. 56 1334 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 (f) For stormwater management facilities, verification of structural soundness, which shall be certified by a professional engineer. All engineering calculations shall be performed in accordance with the current edition of the City of Virginia Beach Public Works Standards and Specifications and the current edition of the Virqinia Stormwater Manaqement Handbook Local Assistance Manual. (4) An erosion and sediment control plan meeting the requirements of the provisions of ~rt-i-t~-e Article III of ~ Chapter 30 of the Code of the City of Virginia Beach (City Code ~t-i-~r~ Sections 30-56 through 30-78). (B) Administrative variance ~ plan of development process for ~~e-family, semideta .... ' and attached dwell~ng$ in th- resource management area. A ..... =~-~ ' .............. ~ -- (I' -' gl f 'l-- dwelling, semidetached dwelling or attached located in its entirety within the resource management area shall oubmzt a oat= an in Izeu of the F~o~o ~~=~ ~o~ to subsection (A) (I) hereof to comply with the provisions of section ~ .... ~ ...... ~ ...... and shall ..... in the following information unless deemed unnecessary by the City Manager- Except as otherwise provided herein, the plan of development process for any use, development or redevelopment in a Chesapeake Bay Preservation Area 57 1358 requirinq an administrative variance shall consist of a site plan 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 meeting the applicable requirements of the Site Plan Ordinance (Appendix C), unless deemed unnecessary by the City Manager, which shall contain the plans and information identified below: (1) Limits of land disturbance and all areas of clearing, grading, accessways and staging areas. (2) Location of all approved existing and proposed septic tanks and drainfield areas, including reserve areas and the location of all existing and proposed wells and utilities. (3) Location of all erosion and sediment control devices. (4) A statement that excavation material from construction shall be disposed of in a lawful manner. (5) The total amount of impervious surface proposed for the site. (6) Specifications for the protection of existing trees and vegetation during clearing, grading and all phases of construction. (7) Revegetation schedule. (8) Best management practices. (9) Evidence that all applicable wetlands permits required by law have been obtained prior to authorization of grading or other on-site activities shall be provided. 58 1381 ~-***= o~t=-' ...... plan o,~=~'' be deemed to constitute a -plan of development 1382 review process consistent wit,h section 15.2-2286(8) of the Code of 1383 Additional information shall be requested and reasonable 1384 and appropriate conditions shall be imposed by the~=3-~ ..... manage= 1385 City Manager, if necessary, to preserve the purpose and intent of 1386 this Ordinance. 1387 (C) Elan of development process for minor projects. 1388 (1) Landward fifty feet of the buffer. A site plan or land 1389 survey sufficient ~u o,~vw compliance w~=~ the 1390 1391 ~~ be submitted to the Cit~ Manager for any minor 1392 located in the landward fifty (~)~ f==t of the 1393 buffer ~=~. S~id site plan ~,~ ~e prepared according 1394 to the provisions of the City o~ - Plan Ordinance 1395 ~ unless deemed unnecessary the ~=3 (Appendix ~) , 1396 1397 Seaward fifty (50) feet of the buffer Plans sufficient 1398 to show compliance with the applicable provisions of 1399 section I08 of the (=~:~o) o~,,anc= shall be submitted to 1400 the City Manager for any minor project located in the 1401 ........... ' .............. th ff ..... ' pl ~=~w~u ~~ ~ ~==~ ~- e bu er ~. Said ans provisions of 1403 ~ubsection {'' hereof, - ~ unless deemed unnecessary by the 1404 City Manager. 59 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 ' ' '-- -=-'' be requested by (3)~==tional informatzw~ manager, if necessary, to preserve the purpose and intent of this ordinance. (~) Water quality impact assessment. The purpose of a water quality impact assessment is to' (i) identify the potentially adverse impacts of proposed development on water quality and lands within Chesapeake Bay Preservation Areas; (ii) ensure that, where use, development or redevelopment takes place within Chesapeake Bay Preservation Areas, it will be located on those portions of a site and in a manner that will be least disruptive to the natural functions of resource protection areas Resource Protection Areas and other sensitive lands; and (iii) specify means to avoid, minimize or mitigate the impacts of development for water quality protection. A water quality impact assessment shall be required (i) for any use, development or redevelopment within a resource protection ~ Resource Protection Area; (ii) for any buffer area encroachment or reduction; (i~i) for any variance provided for in section 1"~ Section 110 of this ordinance; (iv) for~z-~ minor-, or ~ (iv) where a water quality impact assessment is deemed necessary by the city manager City Manager to evaluate the potential impacts of the use, development or redevelopment upon water quality or a resource protection area Resource Protection 60 1428 1429 1430 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440 1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 Area by reason of the unique characteristics of the site or the intensity of the proposed use or development. (1) Fki-rro~ Administrative variance water quality impact assessment. The water quality impact assessment for any ~L~u~ p~u3=~ loc~ed ~n th= buffer =rea administrative variance shall include a site drawing to scale which shows the following, unless one (1) or more such elements shall, in the judgment of the City Manager, not be reasonably necessary in determining the impact of the proposed use, development or redevelopment' (a) Location of the components of the ~ protection area Resource Protection Area, including the ~ buffer area. (b) Location and nature of the proposed development into the buffer area, including- type of having of paving material; areas of clearing or grading; location of any structures, drives or other impervious cover; and sewage disposal systems or reserve drainfield sites. (c) Type and location of proposed best management practices ~ ,~=~9=== thep=upuo=u encroachment into the buffer area. (2) ~%~jor water quality impact assessment. The following elements shall be included in a water quality assessment 61 1452 1453 1454 1455 1456 1457 1458 1459 1460 1461 1462 1463 1464 1465 1466 1467 1468 1469 1470 1471 1472 1473 1474 for all uses, development or redevelopment which do not satisfy the requirements for an administrative variance, unless one (1) or more such elements shall, in the judgment of the city manager City Manaqer, not be reasonably necessary in determining the impact of the proposed development or redevelopment' (a) A delineation of environmental features as set forth in section II0 Section 107(A) (1) of this ordinance; (b) A landscape plan as set forth in section II0 Section 107(A) (2) of this ordinance; (c) A stormwater management plan as set forth in section II0 Section 107(A) (3) of this ordinance; and (d) A narrative that: 1. Describes the existing topography, soil information, including depth to groundwater and infiltration rate where appropriate, surface and groundwater hydrology, wetlands on the site and, if necessary, drainage patterns from adjacent lands; 2. Describes the impacts of the proposed development on topography, soils, surface and 62 1475 1476 1477 1478 1479 1480 1481 1482 1483 1484 1485 1486 1487 1488 1489 1490 1491 1492 1493 1494 1495 1496 1497 1498 groundwater hydrology on the site and adjacent lands; 3. Describes potential adverse impacts on wetlands; 4. Indicates the source location and description of proposed excavation and fill material; 5. Indicates, for any water-dependent activity, the location of, and potential adverse impacts upon, shellfish beds, submerged aquatic vegetation, and fish spawning and nursery areas; 6. Lists all federal, state and local permits required for the development of the site; and 7. Describes the proposed mitigation measures for the potential adverse hydrogeological impacts of the project. (~D_) Performance and bonding requirements. (1) No approved plans required by this s~-t~-~n Section shall be released until the applicant provides performance bonds or other form of surety acceptable to the ~ a-t~t~n~ City Attorney, provided, however, that when the occupancy of a structure is desired prior to the completion of the required landscaping, stormwater management facilities, or other specifications of an 63 1499 1500 1501 1502 1503 1504 1505 1506 1507 1508 1509 1510 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 1521 1522 approved plan, a building permit and certificate of occupancy may be issued if the applicant provides to the City of Virginia Beach a form of surety satisfactory to the city attorney City Attorney in an amount equal to the estimated cost of construction, related materials, and installation costs of the required landscaping or other specifications and maintenance costs for any required stormwater management facilities. (2) Ail required landscaping shall be installed as approved by the end of the first planting season following issuance of a certificate of occupancy or the surety shall be forfeited to the ~ City. (3) Ail required stormwater management facilities or other specifications shall be installed and approved within eighteen (18) months of project commencement. Should the applicant fail, after proper notice, to initiate, complete or maintain appropriate actions required by the approved plan, the surety may be forfeited to the ~ City, which may also collect from the applicant the amount by which the reasonable cost of required actions exceeds the amount of the surety held. (4) After all required actions of the approved plan have been completed, the applicant shall submit to the city manager City Manager a written request for a final inspection. 64 1523 1524 1525 1526 1527 1528 1529 1530 1531 1532 1533 1534 1535 1536 1537 1538 1539 1540 1541 1542 1543 1544 1545 1546 If the requirements of the approved plan have been completed, such unexpended or unobligated portion of the surety held shall be refunded to the applicant or terminated within sixty (60) days following the receipt of the applicant's request for final inspection. (5) Prior to the issuance of any grading, building or other permit for activities involving site development activities, the applicant shall furnish to the c-~-t~ City a reasonable performance bond, cash escrow, letter of credit or other legal surety, or any combination thereof acceptable to the city attorney City Attorney, to ensure that measures may be taken by the ~ City, at the applicant's expense, should he fail, after proper notice, within the time specified, to initiate or maintain appropriate conservation action which may be required of him as a result of his site development. Section 111 108. Nonconforming buildings and structures. (A) Any use, building or structure which lawfully existed on the date of adoption of this ordinance and which is not in conformity with any one or more of the provisions of this ordinance, and any use, building or structure which lawfully exists on the date of adoption of any amendment to this ordinance and which is not in conformity with such amendment, shall be deemed nonconforming. 65 1547 1548 1549 1550 1551 1552 1553 1554 1555 1556 1557 1558 1559 1560 1561 1562 1563 1564 1565 1566 1567 1568 1569 1570 (B) No change of use or extension, enlargement, relocation or ' _ ' ....... ~i ....-' 1--.-' 1 --] ' substantzal olteratzon of ~ ~u~,~w~ v~,,-ng use, ~u~zn~ or structure ~,~-~-'' be~~-' ....... unless authorized by the~oard in accordance with the procedures and standards specified in section ' ' 1_ __ ~ ' __ ~ ..... 1___ ' 113 of ~z~- ordznance or ~3 the ~zt3 ~,~ager pursuant to (E) herein. (C) Any action of the permitting a c~hange of use, or the extension, enlargement, relocation or alteration of a use, building or structure subject to the provisions of this~~ .... ~all be ~ and void twelve ('~)~ ~,,~~ ~.~ the date of ~ts adoption ~,,~=oo o~o~,,~o~ ~ has co~,enced and ms ~~=,,~y puroued. (e~) Nothing in this ~ Section shall be construed to prohibit the reconstruction or restoration of any nonconforming building or structure which is destroyed or damaged by reason of casualty loss, provided that the area encompassed by such building or structure, as reconstructed or restored, is not extended or enlarged. Relocatzu~ of ~ buz~ing or o=ructure shall be only as provided in subsection (B) hereof. ~ Any ~pp~=~ =~ a change of uoe or =~t=~ozon, enlargement relocation ---~ ..... ~ -~ ........ ~ -- - = - ~~=~~ us=, w~~ or structureo~=~ be zevzewed by the city manager. If the city manager determines that the proposed actzon wou~ not zncreo~e the nonpoznt source pollutzon runoff from the lot, the~=ty Managero~-=-~ approve the applzcatzon.' ' 66 1571 1572 1573 1574 1575 1576 1577 1578 1579 1580 1581 1582 1583 1584 1585 1586 1587 ~- ~: ............ determines that any increase ~n ,~onpo~nt oouzce pollution runoff load may be prevented by the use of best management practices or other mitigation techniques, he shall approve the application upon the condition that such practices or techniques, or a combination thereof, be employed. The city manager may e~a~h ouch review pol~=o ~o deemed expedient ~n effectuating the intent of this section. (~) An3 development or ~u d~sturbance exceeding ~ ~=~ of f~ ~l~=~ (2,500) square f~t o~ comply w~th the two thousand ~ .................. ~-~ ' erosion and sediment control ............. standards set forth in ~=~ ~ ~ILL~II~ ~ect~on I00 of th~ ordinance ~ met, the City Manager ~I approve any change of use or extension, enlargement, rel~~-- or oubstant~al ~Iterat~on of ~ ~~~~ use, structure in the landward fifty (~)~ feet of the buffer area. 1588 1589 1590 1591 1592 1593 1594 Section 112 109. Exemptions. (A) Exemptions for public facilities. (1) Construction, installation, operation and maintenance of electric, natural qas, fiber optic, and telephone transmission lines, railroads, public roads and their appurtenant structures in accordance with (i) regulations promulgated pursuant to the Erosion and Sediment Control 67 1595 1596 1597 1598 1599 1600 1601 1602 1603 1604 1605 1606 1607 1608 1609 1610 1611 1612 1613 1614 1615 1616 1617 1618 Law (Code of Virginia, ~et~n~ Section 10.1-560 et. seq.) and the Stormwater Management Act (Code of Virginia, Section 10.1-603.1 et. seq.)7L (ii) an erosion and sediment control plan and a stormwater management plan approved by the Virginia Department of Conservation and RecreationTL or (iii) local water quality criteria at least as stringent as the state requirements will be deemed to constitute compliance with these regulations be exempt from the provisions of this ordinance, provided tune~t-~, such facilities and appurtenant structures comply with all requirements of Article III of Chapter 30 of the Code of the City of Virginia Beach (City Code Sections 30-56 through 30-78), and all stormwater management requirements of this ordinance and the Stormwater Manaqement Ordinance (Appendix D). Exemptions for public roads shall also be subject to the followinq conditions- (a) The road alignment and design are optimized and consistent with other applicable requirements to prevent or otherwise minimize (i) encroachment~ ~-r~ the resource protection area into Resource Protection Areas and (ii) adverse effects on water quality. (b) Such appurtenant structures shall include, but are not limited to, bridges, culverts, guard rails, 68 1619 1620 1621 1622 1623 1624 drainage facilities, lighting and traffic-control devices, fences and berms. (2) Roads or driveways not exempt from the provisions of section 112 Section 109(A) (1) of this ordinance may be constructed in or across resource protection areas Resource Protection Areas in accordance with Section 106 1625 1626 1627 1628 1629 1630 1631 1632 1633 1634 1635 1636 1637 1638 1639 1640 1641 1642 (B) (1) (d). if each of the following conditions is met- (a) The City Manager makes a finding that there are no reasonable alternatives to aligning the road or driveway in or across the resource protection area; I 1_ % m~ _ ' ' ........ 1 .... 1 -- 2 .. __ ..... ~uj ~,= alzgnment and desz~ of the ~uou u~ .... optimized .... = ....... === ...... requ' ements to minimi~= i encroachment~11~2 .... =il==- reoource prot--==-- - .. _ ........... ~u~ area and {zz)a~v:~ ~z~:~o ....... on wat~ (c) The design and construction of the road or drivewa} satisfy all applicable criteria of this ordinance, including submission of a water quality assessment; and {d) The City Manager reviews the plan for the road driveway proposedz~l~- or aero,o-- the ~~ ........... protection area in coordination with local site pi ...... ~ '-' an, o~vzozon and an of deve'opme-~ approvals. 69 1643 1644 1645 1646 1647 1648 1649 1650 1651 1652 1653 1654 1655 1656 1657 1658 1659 1660 1661 1662 1663 1664 1665 1666 1667 (3) Construction, installation and maintenance of water, sewer, cable and natural gas lines and storm drains, and their appurtenant facilities, and of pumping stations, =~--- ~ ......... manholes, co~Lun~cation devi~=~ and ~vw=~ facilities owned or permitted by the City, a licensed public utility or a regional service authority, that are an essential but incidental component of public water and sewer projects, shall be exempt from this ordinance provided that- (a) To the degree practicable, the location of such utilities and facilities shall be outside ~ protection areas Resource Protection Areas; (b) No more land shall be disturbed than is necessary to provide for the ~ proposed installation; (c) Ail construction, installation, and maintenance of such utilities and facilities shall comply with all applicable state and federal requirements and permits and shall be designed and constructed in a manner that protects water quality; and (d) Any land disturbance exceeding an area of two thousand five hundred (2,500) square feet complies with all requirements of ~ Article 3 of t4-ra~ Chapter 30 of the Code of the City of Virginia Beach (City Code ~ Sections 30-56 through 30-78). 70 1668 1669 1670 1671 1672 1673 1674 1675 1676 1677 1678 1679 1680 1681 1682 1683 1684 1685 1686 1687 1688 1689 1690 1691 1692 (4) Construction, installation and~LL~.---~ ........ ==~.~= of stormwater ~ pip ' .... ~=~" control structures su~ ~o es, ~u~~ - -- ditches, swales, culverts, detention and retention ponds, energy dissipating devices and~=~ ........ ~ ua~ protection which are required or regulated by city ordinance and w~hic~h comply with the requirements of article 3 of ~p==~ ~ ' ' ' City ~ode of the ~it-- of Vi ~ ~ rgznia Beach { 30-5'~ =~rough=~ ~-,~^ ~8} shall be deemed to be in with this ordinance. B. Exemptions for Silvicultural Activities. Silvicultural activities shall be exempt from the requirements of this ordinance provided that such activities comply with water quality protection procedures prescribed by the Virqinia department Department of Forestry in its "Best Management Practices,~~ .......... for Forestry Operations." the January 1997 edition of the "Forestry Best Management Practices for Water Quality in Virqinia Technical Guide." ~. Exemptions ~n resource protection ~===~. ~.~= following us=o of==~'---' ~n resource protection =~=~o o~ ~e =~=~p~ =~ the ' ' -- ' -- ' - ' -- . /2 2 ~ ..... ' provzszono of thz~ ordinance (z) water wello, recreatzon f~czlzt~, ~ncl~dzng, but not Izmzted trails and pathways; (iii) historic preservation and~~=~---logical actzvzt~e~; and zv ~=~=o w-h~ do not z~~t ou~= ~, provided that it~ ~- demonstrated to the satlsfactfon of the~-~t~ manager that- 71 1693 1694 1695 1696 1697 1698 1699 1700 1701 1702 1703 1704 1705 1706 1707 1708 1709 1710 1711 1712 1713 1714 1715 ~j ~3 requzred permits, =~=~ those to which thzo exemptz~ speczfically applzeo, o~I have been iosued; (2) Any~--= disturbance exceeding an area of 2,500 square ~==~ o~I comply wzth all requirements of aztzcle 3 of -~ ...... 30 of the~ ..... of the City of Virginza' Death ~mty ~ oectzons 30-5~ ~ through 30-70). Section 11~ 110. Variances. (A) General requirements. Applications for variances from any of the provisions of this ordinance shall be in writing and filed with the city manager City Manager. Such applications shall identify the potential impacts of the proposed variance on water quality and on lands within the resource protection area Resource Protection Area through the performance of a water quality impact assessment which complies with the provisions of this ordinance. (B) Administrative variances. The city manager City Manager shall approve or deny an application requesting ~ an administrative variance for a minor project to locate in the seaward fifty feet of the buffer area after receipt of a complete application. No such application shall be accepted by the City Manager unless accompanied by a nonrefundable fee in the amount of One Hundred Dollars ($100.00). Administrative variances may be granted only for uses, development or redevelopment described in- 72 1716 1717 1718 1719 1720 1721 1722 1723 1724 1725 1726 1727 1728 1729 1730 1731 1732 1733 1734 1735 1736 1737 1738 1739 1740 (1) Section 106(B) (2) for water wells, passive recreation facilities and historic preservation and archaeological activities; (2) Section 106(B) (4) for lots recorded prior to October 1, 1989 or between October 1, 1989 and January 1, 2004 where application of the buffer requirement would result in the loss of a buildable lot and meet the criteria enumerated; (3) Section 106(B) (5) for sight lines, access paths, general woodlot management and best management practices; and (4) Section 108 for additions to nonconforming structures. No administrative variance shall be granted under this subsection unless the city manager City Manager makes all of the findings required in subsection ~ (H) ~ hereof. The City Manager may establish such review policies as he deems expedient in effectuating the intent of this ordinance. In approving an application, The City Manaqer shall, if warranted, include reasonable and appropriate conditions that will prevent the degradation of water quality. The city manager City Manager shall record both the request and his administrative decision in a public access file to be maintained for one (1) calendar year. ~ Manager may establish such review policies as deemed expedient in effectuating the intent of The plan of development process for 73 1741 1742 1743 1744 1745 1746 1747 1748 1749 1750 1751 1752 1753 1754 1755 1756 1757 1758 1759 1760 1761 1762 1763 1764 1765 review of administrative variance requests shall be as set forth in Section 107 (B) of this ordinance. The applicant shall cause to be posted on the property which is the subject of the application a sign of a size and type similar to those required for Board variances. One (1) such sign shall be posted within ten (10) feet of every public street adjoining the property and within ten (10) feet of any body of water or waterway less than five hundred (500) feet wide adjoining the property. Such sign shall state the nature of the application and shall be posted for not less than fifteen (15) days prior to the time when an application is acted upon. In the event such sign is removed, obscured, otherwise rendered illegible or if the City Manager determines that the requirements of this section have not been met prior to the hearing, he may deny or defer action on the application. (C) Board variances. The city manager City Manager shall review any other application for a variance and the water quality impact assessment and provide the ~ Board with an evaluation of the potential impacts of the proposed variance and such other information as may aid the ~ Board in considering the application. No such application shall be accepted by the t~ ~ City Manager unless accompanied by a nonrefundable fee in the amount of one ~,l~=u fzve Two Hundred Tenuu~lars Dollars ($105.00 $210.00). The city manager City Manager shall transmit the application and supporting information and evaluation to the 74 1766 1767 1768 1769 1770 1771 1772 1773 1774 1775 1776 1777 1778 1779 1780 1781 1782 1783 1784 1785 1786 1787 1788 1789 1790 1791 members of the ~ Board and the applicant no less than five (5) days prior to the scheduled hearing on such application. (D) Not later than sixty (60) days after the receipt of an application, the board Board shall hold a public hearing on such application. Notice of the time and place of the hearing shall be published no less than once per week for two (2) consecutive weeks prior to such hearing in a newspaper having a general circulation in the t~ City. The second such notice shall appear not less than five (5) days nor more than twenty-one (21) days prior to the hearing. {D.I) (E) The ~ Board shall notify, by first class mail, all property owners adjacent to the subject property and each waterfront property owner across the waterway from the subject property, if the water body is less than five hundred (500) feet wide, of the public hearing at least five (5) days prLor to the hearing. (E-~ (F) In addition to the foregoing requirements, the applicant shall cause to be posted on the property which is the subject of the hearing a sign, of a size and type approved by the bo~r~ Board. One (1) such sign shall be posted within ten (10) feet of every public street adjoining the property and within ten (10) feet of any body of water or waterway less than five hundred (500) feet wide adjoining the property. Such sign shall be posted not less than fifteen (15) days from the public hearing and shall state the nature of the application and date and time of the hearing. Such signs shall be removed no later than five (5) days after the public 75 1792 1793 1794 1795 1796 1797 1798 1799 1800 1801 1802 1803 1804 1805 1806 1807 1808 1809 1810 1811 1812 1813 1814 1815 1816 hearing. In the event such sign is removed, obscured, otherwise rendered illegible or if the ~ Board determines that the requirements of this section have not been met prior to the hearing, the ~ Board may deny or defer the application. Any application deferred by the k~r~ Board by reason of noncompliance with the posting requirements of this ~ Section shall not thereafter be heard unless and until an additional fee in the amount of one hundred dollars ($100.00) is paid. ~ (G) The k~r~ Board may make, alter and rescind rules for its procedures not inconsistent with the provisions of this ~ Section; provided, however, that a quorum shall be not less than a majority of all of the members of the ~ Board, and provided further, that the concurring vote of a majority of the members of the ~ Board present and voting shall be required to grant any variance. ~c~ (H) No variance shall be granted unless the k~a~r~ Board finds that: (1) Granting the variance will not confer upon the applicant any special privileges or convenience not accorded to other owners of property in Chesapeake Bay Preservation Areas who are subject to the provisions of this ordinance and are similarly situated; (2) The application is not based upon conditions or circumstances that are or have been created or 76 1817 1818 1819 1820 1821 1822 1823 1824 1825 1826 1827 1828 1829 1830 1831 1832 1833 1834 1835 imposed by the applicant or his predecessor in title; (3) The variance is the minimum necessary to afford relief; (4) The variance will be i~ in harmony with the purpose and intent of this ordinance, and not injurious to the neighborhood, not of substantial detriment to water quality, or otherwise detrimental to the public welfare; ~ (5) There w~-~-~-k~ is no net increase in nonpoint source pollution load~ ~ (6) '~ ...... ~ ....... ~ .... g ted I ...... bl Reasonable and appropriate conditions are imposed which will prevent the variance from causing or contributing to a degradation of water quality~and (7) Any development or land disturbance exceeding an area of two thousand five hundred (2,500) square feet shall comply with all applicable erosion and sediment control requirements. 1836 1837 1838 1839 1840 1841 Section 114 111. Appeals. (A) Any order, determination or decision made by the ~ mznn-a~T City Manager or any administrative officer in the administration or enforcement of this ordinance, includin~ any decision on an application for an administrative variance, may be appealed by any person aggrieved by the decision to the b~ra~rd Board 77 1842 1843 1844 1845 1846 1847 1848 1849 1850 1851 1852 1853 1854 1855 1856 1857 1858 1859 1860 1861 1862 1863 1864 1865 1866 1867 by application filed with the city manager City Manager within fifteen (15) days from the date of such order, determination or decision. Such application shall state with particularity the grounds of such appeal. Any application failing to do so shall be rejected by the city manager City Manager. The filing of an appeal shall not stay any proceedings in furtherance of the action appealed from. (B) The fees and notice requirements for appeals under subsection (A) hereof shall be as set forth in section 113 Section 110. (C) Any party aggrieved of a decision of the ~ Board may, within thirty (30) days of the date of such decision, petition the circuit court to review such decision. The procedure in such cases shall be as provided in ~ Section 15.2-2314 of the Code of Virginia, as amended. No party having failed to appear at the hearing before the ~ Board and object to the application at that time shall be deemed to be an aggrieved party; provided, however, that the ~ City shall have standing to appeal any decision of the ~ Board irrespective of not having appeared before the ~ Board as otherwise required by this ordinance. (D) The circuit court may affirm, reverse or modify any decision of the board Board, and may impose any reasonable conditions in its judgment; provided, however, that no decision of the ~ Board shall be disturbed unless the court shall find: (1) The decision appealed from was based upon the erroneous application of the criteria set forth in subsection (G) 78 1868 1869 1870 1871 1872 1873 1874 1875 1876 1877 of section 113 Section 110 of this ordinance or was based upon grounds other than those set forth therein; (2) There was no substantial evidence upon which the b~ Board could have made all findings required by subsection (G) of section 113 Section 110 of this ordinance; (3) The decision of the board Board was plainly wrong; or (4) The k~ Board failed to impose reasonable and appropriate conditions intended to prevent the variance from causing or contributing to a degradation of water quality. 1878 1879 1880 1881 1882 1883 1884 1885 1886 1887 1888 1889 1890 1891 1892 Section ~ 112. Violations; penalties. (A) A violation of any of the provisions of this ordinance shall be a misdemeanor punishable by a fine in an amount not exceeding one thousand dollars ($1,000.00) or confinement in jail for a period not exceeding twelve (12) months, either or both. (B) (1) Without limiting the remedies which may be obtained under this ordinance, any person who violates any provision of this ordinance or who violates, fails, neglects, or refuses to obey any variance or permit condition authorized under this ordinance shall, upon such finding by the circuit court, be assessed a civil penalty not to exceed five thousand dollars ($5,000.00) for each day of violation. Such penalties may, at the discretion of the court assessing them, be directed to be paid into the 79 1893 1894 1895 1896 1897 1898 1899 1900 1901 1902 1903 1904 1905 1906 1907 1908 1909 1910 1911 1912 1913 1914 1915 1916 1917 1918 treasury of the ~ City for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas within the ~ City, in such a manner as the court may direct by order, except that in the event the ~ City or its agent is the violator, the court shall direct the penalty to be paid into the ~ treasury of the Commonwealth. (2) Without limiting the remedies which may be obtained under this ordinance, and with the consent of any person who has violated any provision of this ordinance, or who has violated, failed, neglected, or refused to obey any variance or permit condition authorized under this ordinance, the board Board may provide for the issuance of an order against such person for the one-time payment of civil charges for each violation in specific sums, not to exceed ten thousand dollars ($10,000.00) for each violation. Such civil charges shall be paid into the treasury of the ~ City for the purpose of abating environmental damage or restoring Chesapeake Bay Preservation Areas in the c-i-fy City, except that in the event the c~t7 City or its agent is the violator, the civil charges shall be paid into the ~-a~e treasury of the Commonwealth. Civil charges shall be in lieu of any appropriate civil 80 1919 1920 1921 1922 1923 1924 1925 1926 1927 1928 1929 1930 1931 1932 1933 1934 1935 1936 1937 1938 1939 1940 1941 1942 penalty that could be imposed under subdivision (1) of this subsection. Civil charges may be in addition to the coss of any restoration ~equired by the k~ra~-d Board. (C) In addition to, and not in lieu of, the penalties prescribed in subsections (A) and (B) hereof, the ~ City may apply to the Circuit Court for an injunction against the continuing violation of any of the provisions of this ordinance and may seek any other remedy authorized by law. (D) Upon notice from the city manager City Manager or his designee that any activity is being conducted in violation of any of the provisions of this ordinance, such activity shall immediately be stopped. An order to stop work shall be in writing and shall state the nature of the violation and the conditions under which the activity may be resumed. No such order shall be effective until it shall have been tendered to the owner of the property upon which the activity is conducted or his agent or to any person conducting such activity. Any person who shall continue an activity ordered to be stopped, except as directed in the stop- work order, shall be guilty of a violation of this ordinance. Section ~ 113. Severability. The provisions of this ordinance shall be deemed to be severable, and if any of the provisions hereof are adjudged to be invalid or unenforceable, the remaining portions of this ordinance 81 1943 shall remain in full force and effect and their validity shall 1944 1945 1946 1947 1948 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 remain unimpaired. Section ~" ~, 114. Vested Rights. The provisions of this ordinance shall not affect the vested rights of any person under existing law. Section ~ 115. Enforcement. This ordinance shall be enforced by the city manager City Manager or his designee, who shall exercise all authority of police officers in the performance of their duties. Such authority shall include, without limitation, the authority to issue summonses directing the appearance before a court of competent jurisdiction of any person alleged to have violated any of the provisions of this ordinance. Section ~ 116. Effective Date. This ordinance shall become effective on the first day of January, 1991; provided, however, that the amendments to this ordinance made on the tenth day of November, 1992 shall become effective on the first day of January, 1993; and the amendments to this ordinance made on the 9th day of December, 2003 shall become effective on the first day of January, 2004. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of December, 2003. CA-8384 ordin\proposed\chesbayordin, wpd R-8 December 4, 2003 82 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ORDINANCE TO AMEND AND REORDAIN THE CITY CODE PERTAINING TO SECTION 2-452.1 OF CHAPTER 2 OF THE CITY CODE, SO AS TO CONFORM REFERENCES TO RENUMBERED SECTIONS OF THE CHESAPEAKE BAY PRESERVATION AREA ORDINANCE SECTION AMENDED' § 2-452.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA- That Section 2-452.1 of the City Code is hereby amended and reordained, to read as follows- CHAPTER 2. ADMINISTRATION ARTICLE XXII. BOARDS, COMMISSIONS AND COMMITTEES Sec. 2-452.1. Chesapeake Bay Preservation Area Board. · · · · (b) The board shall elect from its membership a chair and vice-chair. The chair shall preside at all meetings of the board, except that the vice-chair shall preside in the absence of the chair. Members of the board shall be required to take an oath of office prior to assuming their positions. The board may make, alter and rescind rules and forms for its procedures, consistent with the ordinances of the city, including, without limitation, Sections 113 110 and 114 111 of the Chesapeake Bay Preservation Area Ordinance, and the general laws of the commonwealth. 26 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 28 29 VIRGINIA BEACH, VIRGINIA' That this Ordinance shall become effective as of January 1, 2004, or the date of its adoption, whichever is later. 30 31 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of December, 2003. CA-9016 DATA/ORDIN/PROPOSED/02-452.1ord.wpd Ri September 26, 2003 AN ORDINANCE ESTABLISHING TRANSITION RULES FOR AMENDMENTS TO THE CHESAPEAKE BAY PRESERVATION AREA ORDINANCE (APPENDIX F) 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 WHEREAS, on December 9, 2003, the City Council adopted an ordinance entitled, "AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE TO AMEND THE CHESAPEAKE BAY PRESERVATION AREA ORDINANCE (APPENDIX F) (hereinafter the 'Ordinance'); WHEREAS, the Ordinance will become effective on January 1, 2004; and WHEREAS, it is the sense of the City Council that transition rules should be adopted to govern cases in which plans for development of establishments subject to the provisions of the Ordinance have been submitted, but not approved, prior to the effective date of the Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That plans of development, including site plans and subdivision plats, and requests for variances which are subject to the provisions of the Ordinance which were accepted for review, but neither approved nor disapproved, on or before the close of business on the effective date of the Ordinance, shall not be subject to the provisions of the Ordinance, but shall be required to comply with the ordinances and regulations of the City applicable to such developments on the date of their acceptance for review; 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 2. That any such plan of development or request for variance which was accepted for review on or before the close of business on the effective date of the Ordinance, but which was disapproved, or which is hereinafter disapproved, shall, if resubmitted within thirty (30) days of the date of disapproval, or within thirty (30) days of the effective date of the Ordinance, whichever is later, be subject to the ordinances and regulations of the City applicable to such developments on the date of their acceptance for review; 3. That the provisions of Paragraph 2 hereinabove shall apply only to the first resubmittal of a plan of development or request for exception which has been disapproved, such that if disapproved upon resubmittal after the effective date of the Ordinance, all further development of the subject property shall conform to the provisions of the Ordinance, as well as to all other applicable laws, ordinances, regulations and standards; and 4. That nothing in this ordinance shall be construed to deprive or deny any person of any vested rights which existed as of the effective date of the Ordinance. 45 46 47 48 49 5O Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9th day of December, 2003. CA-8721 Noncode/transitioncbpa.wpd R3 November 28, 2003 - 70- Item V-P. 1. NE W BUSINESS ITEM # 52038 Upon motton by Councdman Reeve, seconded by Councdman Maddox, Ctty Counctl ADDED to the Agenda Resolutton estabhshtng the Task Force on Land Use tn atr tnstallattons compatible use zones (AICUZ) and provtdmg for tts membershtp, duttes and related matters Vottng 10-0 Councd 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 Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent Ron A Vdlanueva December 9, 2003 - 71 - Item V-P. 2. NE W BUSINESS ITEM # 52038 Upon motton by Counctlman Reeve, seconded by Counctl Lady Wtlson, Ctty Counctl ADOPTED, AS RE VISED: Resolution estabhshtng the Task Force on Land Use tn atr installations compattble use zones (AICUZ) and provtdtngfor tts membershtp, duties and related matters A formal report will be presented to City Council on or before February 3, 2004. 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, Jtm Reeve, Peter W Schmtdt, Rosemary Wilson and James L Wood Counctl Members Voting Nay None Counctl Members Absent Ron A Vtllanueva December 9, 2003 A RESOLUTION ESTABLISHING THE TASK FORCE ON LAirD USE IN AIR INSTALLATIONS COMPATIBLE USE ZONES (AICUZ) AND PROVIDING FOR ITS MEMBERSHIP, DUTIES AND RELATED MATTERS 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 WHEREAS, the City of Virginia Beach and the United States Navy en]oy a mutually beneficial relationship resulting from the location of NAS Oceana in the City; and WHEREAS, NAS Oceana provmdes a host of benefits to the Cmty, not only of an economic nature, but also the pride of being the home of one of the United States' most important military installations; and WHEREAS, the men and women of the United States Navy who are stationed at NAS Oceana make outstandmng contributions to the City and its citizens, and are willing to sacrifice for the safety and security of the nation; and WHEREAS, the City of Virginia Beach provides equivalent benefits to the Navy in the multitude of cultural, recreational, educatmonal and other opportunities it affords to Navy personnel stationed at Oceana and their dependents, the high quality of life within the City, and the overwhelmingly posmtive nature of the attitudes of its citizens toward the Navy and NAS Oceana; and WHEREAS, it is the firm belief of the City Council that both NAS Oceana and the City can continue to flourish, and that the mission of NAS Oceana will not be compromised by continued carefully managed development and redevelopment of the City; and WHEREAS, notwithstanding recent expressions of divergent views on the potential ramifications of continued development in certain areas of the City, the City Council has every confidence that a 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 mutually beneficial understanding between the Navy and the City can be reached, so as to allow reasonable development opportunities in such areas without adversely affecting operations at NAS Oceana; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: FIRST: There is hereby established the Task Force on Land Use in Air Installatmons Compatible Use Zones (AICUZ) (the "Task Force"); SECOND: The Task Force shall be comprised of five (5) members appointed by the City Council. Members shall be citizens of the City of Virginia Beach and shall serve without compensation. The C~ty Council shall also appoint, as liaisons to the Task Force, three (3) members of the City Council, one of whom shall be the Mayor; THIRD: The duties of the Task Force shall be: 1. To work cooperatively with the Navy, the Department of Defense, the Congress of the United States, and other components of the Unmted States Government at the highest possible levels to reach mutually acceptable and beneficial solutmons by which reasonable development opportunities within the City may be maintained without adversely affecting flight operations or compromising the Navy's mission; 2. To determine means by whmch the C~ty's relationship with the Navy may be further strengthened; 2 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 7O 71 72 3. To participate in the Joint Land Use Study; 4. To develop interim policies governing applications for land development which the Navy feels would be incompatible with flight operations; 5. To report to, and seek the guidance of, the City Council on an ongoing basis regarding the activities and progress of the Task Force; FOURTH: The Task Force shall serve in an advisory capacity to the City Council, and have the authority of the City Council to engage in official discussions or negotiations with the Navy, Department of Defense or other entity of the United States Government regarding matters within the purview of this Resolution; provided, however, that the final authority mn all such matters shall be reserved to the City Council; and FIFTH: The City Manager and Czty Attorney shall provide such staff assistance to the Task Force as may be necessary or appropriate. 73 74 Adopted by the Council of the City of Virginia Beach, Virginia, on this 9th day of December , 2003. 75 76 77 78 CA-9069 wmm~ordres~AICUZtaskforceres.wpd R-4 December 9, 2003 Item V-P. 3. NE W BUSINESS ITEM # 52039 Upon NOMINATION by Counctl Lady Eure, Ctty Counctl APPOINTED: Counctl Member dtm Reeve Counctl Member Rtchard A Maddox Liaisons Vottng 10-0 JOINT LAND USE TASK FORCE 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, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Ron A Vtllanueva December 9, 2003 ITEM # 52040 Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Section 2 1-344(A), Code of Vtrgmta, as amended, for the followtng purpose PERSONNEL MATTERS Discussion, consideration or interviews of prospecttve candtdates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, dtsctplmmg or restgnatton of spectfic pubhc officers, appotntees or employees pursuant to Sectton 2 2-3 711 (A) (1) To Wtt Appotntments Boards and Commtsstons Board of Butldtng Code Appeals Chesapeake Bay Preservatton Area Board Communtty Servtces Board Francts Land House Board of Governors Hampton RoAds Economtc Development Alhance Jotnt Land Use Task Force Mtnortty Bustness Counctl Old Beach Dtstrtct Master Plan Advtsory Commtttee Planning Commtsston Pubhc Ltbrary Board Resort Advtsory Commtsston Southeastern Vtrgtnta Area- Wtde model Program Tidewater Regtonal Group Home Commtsston Towtng Advtsory Board Vtrgtnta Beach Communtty Development Corporatton PUBLICLY-HELD PROPERTY Discussion 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 2-3711(A)(3) Agricultural Reserve Program - Princess Anne District Acqutsttton of Property - Lynnhaven Dtstrtct Kempsvtlle District Rose Hall Dtstrtct Upon motton by Vtce Mayor Jones, seconded by Counctlman Wood, Ctty Counctl voted to proceed tnto CLOSED SESSION. Vottng 10-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Ron A Vtllanueva (9:40 P.M. - 11:22 P.M.) December 9, 2003 - 74- ITEM # 52041 Mayor Meyera E Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BE,ICH CITY COUNCIL tn the Ctty Council Chamber, Ctty Hall Buddtng, on Tuesday, December 9, 2003, at 11 22 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, dtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Councd Members Absent Ron A Vdlanueva December 9, 2003 - 75- CERTIFIC.4 TION OF CLOSED SESSION ITEM # 52042 Upon motton by Counctlman Wood, seconded by Counctlman Reeve, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempt from Open Meettng requtrements by Virginia law were discussed tn Closed Session to whtch this certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton conventng the Closed Sesston were heard, discussed or constdered by Vtrgtma Beach Ctty Counctl Voting 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, Jtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Ron A Vtllanueva December 9, 2003 OUR g Ik'~ ~0~ RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The V~rg~nia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 52040, page 73, and m accordance w~th the prows~ons of The Virginia Freedom of Information Act, and, WHEREAS' Section 2 2-3 711 (A) of the Code ofV~rg~ma reqmres a certification by the govermng body that such Closed Session was conducted ~n conformity w~th V~rgmm law NOW, THEREFORE, BE IT RESOLVED That the V~rg~ma Beach C~ty Councd hereby certffies that, to the best of each member's knowledge, (a) only pubhc bus~ness matters lawfully exempted from Open Meeting reqmrements by V~rg~ma law were d~scussed ~n Closed Session to which th~s certification resolution apphes, and, (b) only such pubhc bus~ness matters as were ~dent~fied ~n the motion convemng th~s Closed Session were heard, d~scussed or considered by V~rg~ma Beach C~ty Counml C~ty Clerk December 9, 2003 - 76- Item V-N. 1. ITEM # 52043 B Y CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF BUILDING CODE APPEALS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE December 9, 2003 - 77- Item V-N. 2. ITEM # 52044 Upon NOMINATION by Vtce Mayor Jones, Ctty Council REAPPOINTED: Carl W. Fisher 3 year term 1/1/04- 12/31/06 CHESAPEAKE BAY PRESER VA TION /IREA BOARD Vottng 10-0 Counctl Members Votmg 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 Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Ron A Vtllanueva December 9, 2003 78- Item V-N. 3. ITEM # 52045 Upon NOMINATION by Vtce Mayor Jones, Ctty Counctl REAPPOINTED: Raymond H. Kirby (Family Member) Helen P. Shropshire (Advocate) Cecilia T. Tucker 3 year term 01/01/04 - 12/31/06 COMMUNITY SER VICES BOARD 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, Jtm Reeve, Peter W Schmtdt, Rosemary Wilson and James L Wood Counctl Members Voting Nay None Counctl Members Absent Ron A Vtllanueva December 9, 2003 - 79- Item V-N. 5. ITEM # 52046 Upon NOMINATION by Vice Mayor Jones, Ctty Councd APPOINTED: James R. Bergdoll 3 year term 01/01/04- 12/31/06 FRANCIS LAND HOUSE BOARD OF GOVERNORS Voting 10-0 Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmtdt, Rosemary Wilson and James L Wood Councd Members Vottng Nay None Councd Members Absent Ron A Vdlanueva December 9, 2003 Item V-N. 6. - 80- ITEM # 5204 7 Upon NOMINATION by Vtce Mayor Jones, Ctty Councd APPOINTED: Senator Kenneth W. Stolle - Chair Rear Admiral Fred Metz The Honorable Owen B. Pickett Ronald C. Ripley Michael J. Barrett No Terms JOINT LAND USE TASK FOR CE Voting 10-0 Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Rosemary Wdson and James L Wood Councd Members Voting Nay None Councd Members Absent Ron A Vdlanueva December 9, 2003 - 81 - Item V-N. 7. ITEM # 52048 Upon NOMINATION by Vtce Mayor Jones, City Counctl APPOINTED: Larry 5;. Berry No term OLD BEACH DISTRICT ADVISORY BOARD 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, dim Reeve, Peter PV Schmtdt, Rosemary I'Vtlson and James L ggood Counctl Members l"ottng Nay None Council Members Absent Ron A Vtllanueva December 9, 2003 - 82 - Item V-N.& ITEM # 52049 Upon NOMINATION by Vtce Mayor Jones, Ctty Counctl REAPPOINTED: Joseph E. Strange Centerville Dorothy L. Wood At Large 4 year terms 01/01/04 - 12/31/07 PLANNING COMMISSION 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 Ix/Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Ron A I,'tllanueva December 9, 2003 - 83 - Item V-N. 8. ITEM # 52050 Upon NOMINATION by Vtce Mayor Jones, Ctty Councd APPOINTED: Kenneth C. Taylor REAPPOINTED: William D. Almond John Malbon R. Preston Midgett H Joseph D. Taylor 3-year terms 01/01/04 - 12/31/06 RESORT AD VISOR Y COMMISSION Vottng 10-0 Councd Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent Ron A Vdlanueva December 9, 2003 - 84- Item V-N. 9. ITEM # 52051 Upon NOMINATION by Vtce Mayor Jones, Ctty Councd REAPPOINTED: Delceno C. Miles Mary Paul Tinney 2 year terms 01/01/04- 12/31/05 SOUTHEASTERN VIRGINIA AREA-WIDE MODEL PROGRAM (SEVAMP) Vottng 10-0 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 Wdson and James L Wood Counctl Members Vottng Nay None Councd Members Absent Ron A Vdlanueva December 9, 2003 - 85 - Item V-N. I O. ITEM # 52052 Upon NOMINATION by Vtce Mayor Jones, Ctty Counctl APPOINTED: Henry Ryto 3 year term 01/01/04 - 12/31/06 TO WING AD VISOR Y BOARD VoUng I0-0 Counctl Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf dcm Reeve, Peter I,V Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Voting Nay None Counctl Members Absent Ron A Vtllanueva December 9, 2003 - 86- Item V-N. 11. ITEM # 52053 Upon NOMINATION by Vtce Mayor Jones, Ctty Counctl REAPPOINTED: Elsie M. Barnes Denise M. Howard APPOINTED: Dr. Helen Moore 4 year terms 01/01/04 - 12/31/0 7 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORA TION (VBCDC) 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, Jtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Ron A Vtllanueva December 9, 2003 Item V-Q. ADJOURNMENT -87- ITEM # 52053 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meeting ADJOURNED at 11 25 P M Beverly 0 Hooks, CMC Chtef Deputy Ctty Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta December 9, 2003 - 87_ Item V-Q. ADJOURNMENT ITEM#52053 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 11:25 P.M. Be _� ✓�oaly v ift Hooks, CMC Chief Deputy City Clerk ��� Ruth Hodges Smith, MMCA Meyera Oberndorf City Clerk Mayor City of Virginia Beach Virginia December 9, 2003