HomeMy WebLinkAboutFEBRUARY 10, 2004 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. DIEZ,EL, Kempsville - District 2
MARGARET L. EURE, Centerville - District 1
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W. SCHMIDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE: (757) 427-4303
FAX (757) 426-5669
EMAIL:Ctycncl@vbgov.com
JAMES K. SPORE, City Manager
LESLIE L. LILLEY, City Attorney
RUTH HODGES SMITH, MMCA, City Clerk
February 10, 2004
1.
CITY COUNCIL BRIEFING:
- Conference Room
1:00 P.M.
A. BOARD OF ZONING APPEALS (BZA) ANNUAL REPORT
J ames A. Wood, Chairman
CITY MANAGER'S BRIEFINGS
A. CONVENTION CENTER REPLACEMENT UPDATE
James B. Ricketts, Director, Convention and Visitors Bureau
B. TOURISM 2004 MARKETING PRESENTATION
James B. Ricketts, Director Convention and Visitors Bureau
C. RESORT AREA IMPROVEMENTS 2004
Steven T. Thompson, Chief Financial Officer
Charles W. Meyer, Chief Operations Office
MILITARY APPRECIATION WEEKEND - JULY 4th EVENT
City Council Discussion and Direction
IV. REVIEW OF AGENDA ITEMS
V. CITY COUNCIL COMMENTS
VI. INFORMAL SESSION
- Conference Room
4:30 P.M.
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION
- Council Chamber
6:00 P.M.
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Rabbi Benjamin Shull
Temple Emanuel Synagogue
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
February 3, 2004
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
I. RESOLUTIONS / ORDINANCE
1. Resolution to REFER to the Virginia Beach Development Authority, for their
consideration and recommendations, amendments to the Economic Development Investment
Program (EDIP) Policy and Procedure.
2. Resolution to RECEIVE and ACCEPT the Senior Citizen Real Estate Tax Relief Task
Force's report; and, REQUEST appropriate action by the City Manager and support for
legislative changes from the General Assembly.
3. Resolution to REQUEST the Commonwealth Transportation Board to ESTABLISH a
project for improvement of the Colonial Education Center at the Lynnhaven House.
4. Resolution re interim guidelines governing applications for land development in Air
Installations Compatible Use Zones (AICUZ).
5. Resolution in SUPPORT of efforts to bring Major League baseball to the Hampton Roads
Area.
6. Ordinance to ACCEPT and APPROPRIATE $465,399 from the Federal Emergency
Management Agency (FEMA), APPROPRIATE $153,817 in the fire programs fund balance
and TRANSFER $365,556 within the Fire Department's FY 2003-04 operating budget for
replacement of breathing apparatus.
J. PLANNING
1. Petition for a Variance for CAROL ANN PROPERTIES, INC to ~ 4.4(b) of the
Subdivision Ordinance that requires all newly created lots meet all the requirements of
the City Zoning Ordinance (CZO) and allow the property to subdivide into two lots at
Highland Drive and Highland Court.
(DISTRICT 1 - CENTERVILLE)
Recommendation:
APPROVAL
2. Applications ofF. DONALD REID at 3592 Indian River Road:
(DISTRICT 7 - PRINCESS ANNE)
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) and to allow
a forty-five (45) foot lot subdivision with open space and walking trails in the
Transition Area
b. Chanf!e ofZoninf! District Classification from AG-l and AG-2 Agricultural
Districts to Conditional R20 Residential District
c. Conditional Use Permit re Open Space
DEFERRED:
DEFERRED INDEFINITELY:
Recommendation:
December 2,2003 for Sixty (60) days
September 23, 2003
APPROVAL
3. Application of PAUL DANIEL BRENNEMAN re Conditional Use Permit for a
commercial kennel at 3661 North Landing Road.
(DISTRICT 7 - PRINCESS ANNE)
Recommendation:
APPROV AL
4. Application ofLI'L ONES HOME DAY CARE for a Conditional Use Permit re
family care home (home day care) at 2038 Lyndora Road.
(DISTRICT 1 - CENTERVILLE)
Recommendation:
APPROV AL
5. Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Change of Zoning
District Classification from AG-2 Agricultural District and R-IO Residential District to
Conditional R-7.5 Residential District at 960,964 and 966 Old Dam Neck Road.
(DISTRICT 7 - PRINCESS ANNE)
DEFERRED INDEFINITLEY:
Recommendation:
October 28, 2003
APPROV AL
6. Applications of A. NEAL KELLUM at 105 Happy Street:
(DISTRICT 3 - ROSE HALL)
a. Change of Zoning District Classification from A-12 Apartment District to R-7.5
Residential District
(DISTRICT 3 - ROSE HALL)
b. Conditional Use Permit for a pet crematory
Recommendation:
APPROVAL
7. Applications ofGS DEVELOPMENT, L.L.c. 959 Virginia Beach Boulevard:
(DISTRICT 6 - BEACH) (APPROVED December 10, 2002)
a. MODIFICATION of Proffers on a Conditional Zoning A-12 Apartment District to
Conditional B-2 Community Business re storage of vehicles, plants, soil, mulch and
decorative stone
b. MODIFICATION of Conditions to a Conditional Use Permit
(i) Number 1 re storage of vehicles, plants, soil, mulch and decorative stone
(ii) Number 5 re standard operating hours Monday through Sunday from 6:00 a.m.
to 8:00 p.m.
Recommendation:
APPROVAL
8. Application of JACK RABBIT SELF-STORAGE for a MODIFICATION_of
Condition No. 10 to Conditional Use Permit (approved by City Council September 25,
2001) re shared entrances at 5950 Providence Road.
(DISTRICT 2 - KEMPSVILLE)
Recommendation:
APPROVAL
K. APPOINTMENTS
BOARD OF BUILDING CODE APPEAL - Plumbing/Mechanical
COMMUNITY POLICY and MANAGEMENT TEAM - CSA AT-RISK YOUTH
COMMUNITY SERVICES BOARD - CSB (nominated 02/03/04)
Madelyn H. Reass
M.J. Nero
FRANCIS LAND HOUSE'BOARD OF GOVERNORS
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE - HREDA
HUMAN RIGHTS COMMISSION
MINIORITY BUSINESS COUNCIL
OPEN SPACE COMMITTEE
PARKS and RECREATION COMMISSION
PUBLIC LIBRARY BOARD
TIDEWATER REGIONAL GROUP HOME COMMISSION
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION -VBCDC
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. 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 02/1O/04\blb
www.vbgov.com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
10 February 2004
Mayor Meyera E. Oberndorf called to order the City Council Briefing re BOARD OF ZONING APPEALS
(BZA) ANNUAL REPORT in the Council Conference Room, City Hall, on Tuesday, February 10, 2004,
at 1:00 P.M.
Council Members Present:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorj.' Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva and James L. Wood
Council Members Absent:
Rosemary Wilson
[Entered: 1: 12 P.M.]
.-......"...-...----,.-.
- 2 -
MAY 0 R 'S COM MEN T S
ITEM # 52200
Mayor Oberndorfrecognized and congratulated the heroic Members ofCi~y Council who participated in
the Polar Plunge, Saturday, February 7,2004: Councilman Schmidt, accompanied by his daughter, Katee,
and Councilman Reeve. Councilman Reeve advised sixty-nine (69) deputies from Sheriff Lanteigne 's office
participated and received the award for the largest involvement. Over 2,000 Plungers raised more than
$300,000 for Special Olympics Virginia.
Councilman Schmidt referenced the photograph of Mayor Oberndorfwith the Chippenwhales and Sweet
Potato Queens from the Parrot Head Club of Tidewater. Mayor Oberndorf advised this group has raised
$44,000 for area charities.
February 10,2004
..--"",......"'..,...,.,...-._--.....~.---..__..,...,-""'..-,."..., .-.._--"..._.....
- 3 -
CITY COUNCIL'S BRIEFING
BOARD OF ZONING APPEALS (BZA) ANNUAL REPORT
1:00 P.M.
ITEM # 52201
James A. Wood, Chairman - Board of Zoning Appeals (BZA) , advised the BZA was created by enabling
State Legislation in 1962. On(y sworn testimony is taken as every participant has the right to appeal the
decision within thirty (30) days to the Circuit Court. In 2003, eleven (J 1) cases pending in the Circuit Court
against the BZA were closed. All of the cases heard at the Circuit Court level upheld the decisions of the
Board, including both denials and grants of variances. In each case, the Board is found to have performed
its duties correct~y and within the bounds of the provisions of the Virginia Code. The most significant cases
concluded this year were the Adams Outdoor Advertising (began in 2000). They were jinal~v concluded with
the Circuit Court upholding the BZA 's determination that the ruling of the Zoning Administrator was correct
that the five (5) billboards in question had to be removed.. A Contempt Hearingjinally accomplished the
removal of the five (5) illegal billboards. Chairman Wood complimented the City Attorney's stafffor their
perseverance.
During the past three (3) years, the total number of cases, heard by the Board, has been reduced from six
hundred (600) to three hundred (300). The case load has been reduced as the staffco-ordinates with each
applicant to determine if their application can be accomplished without a variance. The City Council has
also assisted with the adoption of certain ordinances. In 2001, the City Council amended the City Zoning
Ordinance to allow reduced setbacks for small sheds to jive feet for both rear and side yards. On July 9,
2002, the City Council amended the City Zoning Ordinance allowing the Zoning Administrator to grant
administrative variances up to 25% of the required amount from any building setback requirement. The City
Council allowed the Board of Zoning Appeals to increase its membership from two (2) alternates to three
(3). "Miracles" were accomplished in the Town Center area. All of the regular members and one alternate
member have been certified through the Virginia Certified Board of Zoning Appeals Training Program. The
two (2) newest alternate members will be attending the next available training. The Board Members are
dedicated to serving the City Council and the citizens of Virginia Beach.
James A. Wood
Chairman
Nadine 1. Hook
Harry R. Purkey Jr.
Larry E. Stampe
Floyd E. Waterfield, Jr.
Lee A. Williams
Wright, Joan
Alternates
Alcaraz, George A
Balko, Albert W.
Draeger, Steven G.
Steven G. Draeger was in attendance,
February 10,2004
,.....
- 4 -
CITY COUNCIL'S BRIEFING
BOARD OF ZONING APPEALS (BZA) ANNUAL REPORT
ITEM # 52201 (Continued)
Karen Lasley, Zoning Administrator, detailed the Board of Zoning Appeals' City Zoning Ordinance
Amendment Recommendations.
Through Lots: City Council may wish to amend the City Zoning
Ordinance to provide some relief to through lots with public streets in
both the front and rear. Where the rear of a home backs up to a public
street in the R-40, R-30 and R-20 Districts, a 50-foot setback is
required and a 30-foot setback is required in the R -15, R -10 and R -7.5
Districts. This often does not allow room for a pool or accessory
structure on these lots. It is recommended staff determine the minimal
setback needed for safety and to ensure that private property is not
damaged when the City performs work in the right-of way.
Loading Spaces: There have been a number of requests over the last
two years for variances from the requirements to install loading spaces
in the RT-1 and RT-2 Resort Tourist Districts. For commercial uses
and motels located along Atlantic Avenue, the trolley lanes are
available for lading during morning hours. Although parking
requirements were eliminated in the RT-2 District, loading space
requirements were not eliminated. The Resort Advisory Commission
and the Resort Office appear to support reducing or eliminating
loading ~pace requirements in the Oceanfront area. The BZA believes
further study is warranted by City Council and the Planning
Commission.
Sheds: 150 squarefeet or less with eaves 8-foot or less: In 2001, the
City Council amended the City Zoning Ordinance to allow reduced
setbacks for small sheds to jive (5) feet for both rear and side yards.
This change is applicable only for .,'ingle-family homes. It is
recommended such an amendment be considered for duplexes, semi-
detached and townhouses in Residential Districts and for the
Apartment Districts, as well. In the Apartment Districts, the size of
acceSSOfY structures is not limited and staff should study and hring
forth a recommendation.
Oceanfront Lots in Sandbridge: There have been many requests for
front yard setbacks to thirty (30)-foot for Oceanfront lots in
Sandbridge. The oceanfront in Sandbridge is zoned R-20 Residential
District and afifiy (50)-footfront yard setback is required. Due to on-
going erosion problems, homeowners and builders desire a thirty (30)-
foot front yard setback, moving the home away from the ocean. With
the installation of sewer in Sandbridge, the BZA has had a significant
increase in the number of variances requested. The BZA does not want
to be placed in the position of creating ordinances. City Council is
requested to amend the ordinance for front yard setbacks to thirty (30)-
foot for Oceanfront lots in the Sandbridge area due to erosion
problems.
Fehruary 10,2004
._._.~-
- 5 -
C1TY COUNCIL'S BRIEFING
BOARD OF ZONING APPEALS (BZA) ANNUAL REPORT
ITEM # 52201 (Continued)
Handicap Ramps: City Council is requested to DRAFT an amendment
regarding setbacks for handicap ramps. Currently, any portion of a
handicap ramp that exceeds sixteen (16) inches in height must meet
required setbacks. Often a variance is required to accommodate the
ramp and this often entails as much as six (6) weeks before being
scheduled on the BZA agenda.
Setbacks for Cellular Towers: During 2003, the BZA had several
requests by cellular tower companies for variances to the requirement
that no tower may be located closer than 200 feet from an existing
residential structure. The two (2) cases heard involved placing a
cellular antenna onto an existing power tower. The staff has received
other inquiries about erecting relatively low towers doser than 200
feet from a residential structure. It appears that when the 200-foot
regulation was adopted, the height and type of tower were not taken
into consideration. A sixty (60)-foot tower has the same 200-foot
setback from residential as a 300-foot tower. The BZA suggested the
City Council and the Planning Commission review linking the ultimate
setback from a residential use to the type and height of the proposed
tower.
Front yard Setbacks vs. Design Guidelines: The Retail Design
Guidelines found in the City Zoning Ordinance, the Shore Drive
Design Guidelines and the recently adopted 2003 Comprehensive Plan
all encourage structures to be locatedforward on the lot along streets
with parking in the rear. Front yard setbacks in most Districts;
however, have not been changed to encourage such design. The BZA
has heard several controversial cases this year submitted by
developers desiring to comply with the Design Guidelines, but needing
a front yard setback variance in order to move buildings toward the
front of the lot.
Infill Development: The BZA would like to work with City Council and
the Planning Commission on the difficult question ofinfill development
on substandard, nonconforming lots. BZA recognizes that
amendments were recently approved regarding the resubdivision of
substandard lots in the R-5S District and that staff has been asked to
bring forward a package of amendments pertaining to infill
development citywide. The BZA reviews many requests for setback
variances that would allow developers to maximize densi(v on small,
grandfathered lots. The BZA is concerned about finding an appropriate
balance between private property rights and the unreasonable
maximization of development on substandard lots.
February 10,2004
- 6-
C IT Y MAN AGE R 'S B R I E FIN G
CONVENTION CENTER REPLACEMENT UPDATE
1:20 P.M.
ITEM # 52202
James B. Ricketts, Director, Convention and Visitors Bureau introduced John Herzke - City Engineer, to
detail information relative construction and design of the Convention Center.
Mr. Herzke advised sixty-three (63) of the sixty-five (65) parcels have been acquired. The City is awaiting
the right-ai-entry for two (2) of the parcels. Trials have not been scheduled. Five (5) of the Condominiums,
located south of the Veterans Memorial, have been acquired. Four (4) are pending settlements andforty-six
(46) cases are filed with trials are scheduled. The staff estimates the real estate acquisition process will be
completed by or before May 2005. None of these acquisitions are on the critical path of the construction
activity. Mr. Herzke referenced the Ordinance to APPROPRIATE $9,071,000 to the Convention Center
Capital Improvement Project (CIP) replacement to provide additional features and amenities for the new
Convention Center (ADOPTED: August 26,2003). The guaranteed maximum cost of this project has been
established at slightly over $156-MILLION. The cost of Phase 1A will he approximately $90-MILLION.
Phase 1 B will encompass the balance.
Expected Completion
Phase 1A
.Phase 1B
May 3, 2005
December 5, 2006
Thus far, approximately $19.8-AfILLION has been expended on the project. Monthly Executive Meetings
with the officials of Turner Construction - Construction Manager and Architect, and key city staff are
conducted. On March Fifteenth, the roof trusses will be set at a pace of one per week. The trusses are
expected to be completed by mid August, at which time a "topping out ceremony" will be conducted. The
Ballroom, wood paneling, light show and video walls have been reinstated back into the project
encompassing a cost of$3-MILLION. $750,000 was allocatedfor additional parking. This design has been
completed and construction is underway. The design of the expanded Exhibit Hall ($3.6-MILLION)
(150,000 square feet) has been completed and Turner is in the process of acquiring pricing for this extra
item. The design workfor the additional landscaping ($750,000) should be completed within the next week.
The design work of the colored and stamped asphalt ($375,000) within 19th Street is in progress. A mock-up
is being reviewed to place across a small section of 19th Street, as this work will commence in the Phase 1 B
portion of the project.
Kyle Feddelke, Landscape Architect, Office of James Burnett (Houston, Texas and San Diego, California),
detailed the additional landscaping. The amount of trees on the 1-264 corridor was doubled in a tighter grid
to screen the back of the docks of the Convention Center. On 19th Street, additional flowering, and
ornamental trees were added. The overall quantity of trees was increased along the parking areas.
Additional trees will screen the west and east side of the Convention Center. Last year, the budget
encompassed 30-gallon trees (approximately 8 to 10 feet in height). The Architects recommended primarily
on 19th Street and along the front of the Convention Center, the trees be increased to 65-gallon trees
(increasing height 4 feet). Ornamental planting will be encompassed within the high profile areas. The
Architects recommended most of the plantings and all of the turf areas receive full irrigation. This has been
implemented in the design drawings.
February 10,2004
'~'-"-..,......._.._..,......---...........--"'--".'"...-.-.-
- 7 -
C I T Y MANA G E R (S B R I E FIN G
CONVENTION CENTER REPLACEMENT UPDATE
ITEM # 52202 (Continued)
Courtney Dyer, Manager - Pavilion, reviewed the programming of the Convention Center. The construction
is not having a major impact on the events currently scheduled. Bookings are still strong. The Boat and
Recreational Vehicle shows had higher bookings than in previous years. The State Fire Chiefs Convention
is scheduled in two weeks. A new Sales Manager, previously with the Portsmouth Convention and Visitor's
Bureau, Custodial Supervisor, a Technology Consultant, who is co-ordinating twenty-nine (29) projects, and
a Marketing and Communications Manager have been hired. Additional event staff will be acquired in the
Spring. There will not be more than 1200 parking spaces until 2007. A new contract must be negotiated with
the food service operator. Approximately $7-MILLION worth of furniture, fixture and equipment must be
purchased. Policies for the utilization of the building are being developed. Mr Dyer advised better signage
is necessary to advise citizens of the parking on the south side of 19th Street.
Mr. Ricketts advised a very aggressive marking position has been undertaken. The new trade show booth
was the hit of a recent national show. All ads are being placed in the national trade publications, as well as
the Meeting Planner. Al Huchinson, Convention Sales and Services, completed a direct mail to forty-eight
hundred (4800) meeting planners. In 2002, twenty-two (22) events encompassing 73,000 room nights were
scheduled. In 2003, twenty-four (24) events with 84,000 room nights were booked. Buddy Wheeler, Sports
Marketing, is endeavoring to secure events such as AA U Karate Championships, National USA Fencing and
USA Badminton Championships, Mr. Hutchinson has been requested to review the National Associations,
of which the Conventions and Visitors Bureau are members i.e. American Bus and National Tourism
Association, and compile bids to encourage their meetings in Virginia Beach. A major sponsorship
opportunity has been solidified with ASAE, another major national meeting planners association. Three bids
have been compiled for National Meetings.
Al Hutchinson, Convention Sales and Services, referenced recent bookings:
Virginia Recreation and Park Society
November 2006
Virginia Society for Technology and Education March 2007
American Helicopter Society
April 2007
South Atlantic Shiners
(occupying 12,000 room nights).
September 2006
Lions Internationtll
2005 (Committed to 2006 and 2007)
Thirty-six (36) groups have committed to the new Convention Center through 2010. This equates to
approximately $58-MILLION in economic impact. The awareness must be created to acquire the National
groups. A sales blitz in Washington, D.C. will be conducted for these national meeting planners.
Mr. Ricketts displayed the video shown to meeting planners.
Mr. Herzke advised, relative the new Convention Center, the guaranteed maximum price is $156,242,038
(construction), encompassing design and the finished product totals $202.5-MILLION
February 10,2004
- 8-
C I T Y MANA G E R 'S B R I E FIN G
TOURISM 2004 MARKETING PRESENTATION
2:00 P.M.
ITEM # 52203
James B. Ricketts, Director, Convention and Visitors Bureau, presented information relative the Tourism
2004 Marketing. The staffhas been considering "branding" Virginia Beachfor a number of years. When
has Virginia Beach really evolved to a point where there is an emotional connection occurring between the
tourists and the visitors to our City. The staff believes Virginia Beach can be "branded" as a "tourist and
convention and conference destination". 2003 has been a challenging year with the War in Iraq, rainy
weather, Hurricane Isabel and a sluggish economy. Mr. Ricketts cited the Tourism Report Card:
2003 Performance Indicators
Hotel Sales
Restaurant Sales
Retail Sales
+4.4%
+5.7%
+5.1%
2002
2003
Citywide Hotel Occupancy 62%
62%
Citywide Room Nights Occupied 2,284,091
2,304,115
Total Inquiries 1,006,846
(Web visits, phone, em ail, labels)
1,047,537
Summer Visitor Profile Comparison
1999-2003
A verage Age 40.5 42.4
Average Household Income $66,301 $76,792
Married 70.5% 75.8%
Average Nights Stayed 4.6 4.7
Average Party Size 3.6 4.1
Average Party Spending $ 1,229 $ 1,498
February 10,2004
t. ..--""'.,........-. ...,,'~.. -"-~f"""'- ..."'..,....... " . ._~.~
-9-
C I T Y MAN AGE R 'S B R I E FIN G
TOURISM 2004 MARKETING PRESENTATION
ITEM # 52203 (Continued)
Summer Visitor Profile Highlights
Family travel accounts for 60% of overnight visitation, up from 56%
in 1999
78.2% have been to Virginia Beach before, compared to 61% in 1988
57.5% of overnight visitors had an average Household Income of over
$75,000. 26f}~ earned over $100,000, compared to 4% in 1994
45.5% have four years of college or more compared to one in four
nationally
Virginia Beach gets high marks from visitors for being visually
appealing, family oriented, clean and safe
Dr. Gil Yochum, Professor of Economics - Old Dominion University, advised the surveys are conducted each
year by Continental Research. M"r. Ricketts referenced the surveys are conducted during the day up until the
evening hours, on the Beach and Boardwalk of Atlantic Avenue, at the North End, Sandbridge and Shore
Drive. Dr. Yochum displayed slides advising Room Nights Occupied Summer 1996-2003, Hotel Room
Revenues - Summer 1996-2003, Average Daily Rate - Summer 1996-2003, Hotel Rev Par - Summer 1996-
2003. Hotel room revenue has risen 50%from 1996 to 2003. This is an average of 4.3% increase per year,
which is approximately 100 basis point growth per year over the National economy. The average daily rate
of rooms has risen 44%. The Hotel rev par is a standard of measurement. These calculations are from
the City's tax department and confirmed with the Virginia State Tax figures. A chart depicting Percent
Change in Total Hotel Room Revenue (Virginia Beach, New York, Washington, D.C., and the United
States (2000 to 2003) reflects the City's percent change has increased 14.3%.
Percent Change in Hotel Room Revenue
Virginia Beach
United States
Washington, D. C.
New York
+14.3 %
- 4.4%.
- 3.1%
- 21.1%
Local Outlook - A Strong Year Predicted
Rapidly rising income in the tourism market area of Hampton Roads will both
increase the number of visitors to the region and the level of spending per visitor
Canadian tourists are expected to increase the number of visitors to the region by
roughly 1-2 percentage points because of a 15% appreciation in the Canadian dollar
relative to the U. S. dollar
The region experienced one of the wettest Spring and Summer seasons in its history
Hotel revenues are projected to increase 4.6%
February 10,2004
~<~.,t............._~
- 10-
C I T Y MAN AGE R 'S B R I E FIN G
TOURISM 2004 MARKETING PRESENTATION
ITEM # 52203 (Continued)
Concern was expressed relative the quality of rooms and the assessment of resort land not worth any more
than in 1989.
Palmer Farley. Chairman of the Board and Chief Executive Officer - Barker, Campbell, Farley & Mansfield,
referenced the marketing program and the 2004 Brand Development. For fifteen (15) years, the City has
been with the theme of "Good Clean Fun", moving to the "New Virginia Beach" and then "All Kinds of
Fun". City Council members received a package of the newest advertising materials. Mr. Farley introduced
Julie Garel, Account Planner, to discuss the newest strategy.
Ms. Garel referenced the value of the "branding" process. A unique branding process that unearths the
deepest essence of the product is being developed. Ms. Garel quoted the conclusion statement from the
Virginia Beach Convention and Visitors Bureau and Barker, Campbell, Farley & Mansfield's Retreat:
"We need to create an emotional connection between the traveler and
Virginia Beach"
The advertisers need to frame - or reframe - how the Virginia Beach product impacts the consumer.
Outcome
A definition of the Virginia Beach brand that speaks uniquely and
compelling to consumers.
A communications platform for all consumer messages from the
Virginia Beach Convention and Visitors Bureau.
Thefour key steps outlined in the "branding" process are: conventions, curiosity, conclusions and core.
Site visits and intercepts ensued. Competitive beach destinations were examined. The Colonial
Williamsburg/Virginia Beach Focus Groups were revisited. Throughout the region, many visitors were
interviewed, who participated in various pastimes. Ultimately, a core "branding" platform was developed.
Disposable cameras were distributed and visitors were requested to photograph their "best vacation
moments ".
Conclusions
"StreL\'S" is the consumer's starting point
A consumer promise must be offered strong enough to counter this mindset
The shopping process must be made stress-free
The menu driven uniformity of beach communications may add to the stress
Most destinations' identities are tied to predictable physical properties of those
destinations
Destinations assume the consumer knows why to come
Most beach vacations are driven by the need to "relax"
The essence of a beach vacation is to reconnect with our own personal agenda
The agenda is all about living
It is about even more than "fun"
It is about feelings that define being alive
February 1 0, 2004
- 11 -
C I T Y MAN AGE R 'S B R I E FIN G
TOURISM 2004 MARKETING PRESENTATION
ITEM # 52203 (Continued)
Ms. Garel advised the Core Branding Platform:
Come to Virginia Beach. You will immediately feel the water wash away the stress
that's resulted from following other people's agendas. Pursue your desires. Be
whom you wish. Do what's important to you. Come back to live in Virginia Beach.
Art Webb, Barker, Campbell, Farley & Mansfield, advised the next step in the brand development process.
A copy of the Brand Essence Video was distributed and shown to City Council.
2004 Marketing Program
Leisure Travelers
Create demandfor Virginia Beach as a quality year-round destination
Generate overnight visitation
TV Spots are the key workforce for establishing the brand by virtue of
the medium
Print Advertising
Convention Center
Create awareness of the new convention center
Create awareness of Virginia Beach as a top-ranking, sophisticated
meeting destination
Increase year-round visitation
The print advertising for the Convention Center focuses on the magazine ads, meeting and convention
planner publications, direct mailing, posters, trade show booths and web sites borrowed from the key
architectural elements of both the building itse(f as well as the destination.
2004 - An Exciting Year
Implementation of an exciting brand message
Convention Center construction and aggressive sales efforts
3 pf Street Hilton project/other hotel developments
Town Center
Behavior Campaign
The Mount Trashmore Skate Park will be included in the Public Relations function and added to other
marketing items. This park is a great asset. It is now encompassed in the Website and Vacation Brochure.
February 10,2004
~,. ...t"""-".~~ ........_~,...._..ol._"_,,._.....,_.......-"A..,_.__....."...'" ,'.....M~..~..
- 12 -
C IT Y MAN AGE R 'S B R I E FIN G
RESORT IMPROVEMENTS - 2004
3:32 P.M.
ITEM # 52204
Steve Thompson, Chief Financial Officer, advised the Resort Area Improvements were determined as City
Council's 2003 Goals:
To create more competitive resort destination for businesses and
tourist.""
To create a safe and inviting environment for families - 24hours per
day, 365 days per year
The action steps: Evaluate the Situations; Define the Problem and Develop a Plan and Specific Actions.
Our Goals Today
Outline the Progress to-Date
Provide Summary of Next Steps Necessary, with Options and Costs
Obtain Support of Continuing Improvements
Obtain Direction on Projects and the Message - "Marketing the End
of the Day"
Progress over the past ten (10) years is based on previous City Council efforts and direction of City Council.
The 1994 Oceanfront Resort Area Concept Plan, combining ongoing projects with
overall concepts
Behavior Campaign, under the Resort Season Advisory Committee
The 2000 Beach Street USA Final Concept Design
1994 Concept Plan
Change the look from Individual Businesses to a unified entity and theme, with
parking and transit to serve the whole
Increase marketing and development of four key projects
Laskin Road
Dome Site
Rudee Loop
Pavilion Area
Sense of Arrival and Gateways
Elevate and diversifjJ the level of amenities
February 10,2004
.._.__,..__. _.o___._..,...--___._..__......~
- 13 -
C I T Y MAN AGE R 'S B R I E FIN G
RESORT IMPROVEMENTS - 2004
ITEM # 52204 (Continued)
Today the City has invested more than $300-MILLION in public improvements in the Resort Area in the
last 10 to 12 years. Another $250-MILLION is under development including the convention center and then
adding in the Bus Rapid Transit (BRT) Lanes, Rudee Loop and under grounding of Pacific Avenue, as well
as a host of other investment projects is still before the City. Private investment is still moving forward:
Private Investments
31 sl Street
Courtyard by Marriott Hotels (2) - 3?h and 251h Streets
Boardwalk Resort Hotel - 16th Street
Turtle Cay
Numerous upgrades
Retail Restaurants
2000 Behavior Campaign
Present Campaign Includes
Rules of Common Courtesy
Sign age
Buttons/Shirts/Posters
Friendship Patrol
Youth Intervention Team
Expansion of Campaign City-wide to schools, parks
and recreation and libraries
National coverage and duplication
Beach Street Entertainment
Entertainment
Capital Projects
Status - Behavior Campaign
Overall Survey Results -
Continuous Progress with visitors and Residents
Business Trends and Overnight Visitor Profile - Annual Improvements
Continental Research: Virginia Beach Residents
on Resort Area Behavior - Annual Improvements
Charles Meyer, Chief Operating Officer, presented information relative The Resort Area in the Future:
February 10,2004
1".__......_._,....~,...._.,"'_...~--~... -
- 14 -
C IT Y MAN AGE R 'S B R I E FIN G
RESORT IMPROVEMENTS - 2004
ITEM # 52204 (Continued)
Change on a Big Scale, improving the visitor experience and expanding
the season
These Major areas:
1. The Resort Experience
2. Building Jlealth Neighborhoods
3. Supporting Quality Business
The Resort Experience
Marking the End of the Day
.July Fourth as _Major Theme Branded Weekend
Entertainment District
Zoning Issues
Creating ABC Taskforce
Dome Site Development
Building Healthy Neighborhoods
Hotel/Motel Improvements an Long-Term Residency issues (Fall, 2003), Hotel
Standards
Old Beach District Plan
Creating Quality Mixed Use Neighborhoods
Neighborhood Projects
Supporting Quality Businesses
Business Marketing and Development Master Plan
Redevelopment Incentives
Traffic Circulation Plan incorporating Bus Raid Transit (BRT)
Laskin Road Gateway
3}St Street Hotel/Park/Parking Garage
Rudee Loop
Relocate 14th/16th Street facilities
Dome Site Development
Business Improvement District (BID)
February 10,2004
.-~. ''1"'...-..----....-.-........-....-'''''--..'.-'' .,"". ,', ..,-..-,*-.'...- -.-
- 15 -
C I T Y MANA G E R 'S B R I E FIN G
RESORT IMPROVEMENTS - 2004
ITEM # 52204 (Continued)
Immediate Steps to Change the Resort Environment
Adopt Positive Message and Improvements Marking the end of the Day:
1. Concept of Creating an "end of the evening"
2. Beach Street USA Improvements (J 7th - 25th Streets)
Performance Stages
Increased Hours
Increased Lighting
Portable/Temporary Lights
Two-tiered Lighting System (1 0-12months)
Dominion Power System (timetable)
Sound System - P A/Music System
3. Close parking lots- public and private - to new visitors at Midnight
4. Police staffing with redeployment to Beats
5. Issues to be resolved
Re-energize Behavior Campaign
Funding for Friendship Patrol
New Programs - TV-Based Outreach Program Promoting Good
Behavior at the Oceanfront
Resort Advisory Committee to form Subcommittee to help
"Create the Environment"
Annual Update on RA C efforts
Adopt Ordinances shaping the Business Environment
Display of Merchandise and Alcove Businesses
Defining the Resort Season
Limiting Loudspeakers and Amplified Noise with Outdoor Entertainment
At Nightclubs and Restaurants
Comprehensive Zoning Ordinance changes to the RT Zone
February 10,2004
"-.^'t
- 16 -
C I T Y MAN AGE R 'S B R I E FIN G
RESORT IMPROVEMENTS - 2004
ITEM # 52204 (Continued)
Costs and Time to Implement
Community Requests Spring '04 Total Annual Total Capital Costs
Costs
Extended Beach Street Hours $ 60,000 $ 139,000
Complete Beach Street Capital $ 750,000
Improvements
Two-tiered Lighting (temporary/1 0-12 $ 33,600
Months
Sound System (three blocks pilot/area $20 - 60,000 $60 - 180,000
dependent)
Increase Funding for Managing and $ 31,000 $ 88,000
Coordinating the Friendship Patrol
Total Needed $144,600- $184,600 $ 227,000 $ 810,000 - $ 930,000
Private Partners
Close Parking Lots
Self-Directed Special Tax District (BID) Explore Creation)
Street Ambassador Program
Landscaping
Security
Maintenance
Operations and Supplemental Entertainment
Assistance with Lighting
Buttons/Brochures
Aesthetics and facade improvement
Business Operations Consistent with the Campaign
The City Manager referenced his direction. City Council concurred with the Big Picture Vision in terms of
the Resort Concept Plan, with the exception of the closing of the parking lots for new entries at Midnight. The
City shall attempt to work with the Outdoor cafes on Atlantic Avenue, lighting and sound shall be on a
temporary basis (encompassing a three-block area). There is support of the funding plan relative a Business
Improvement District. The City Nlanager will commence dialogue and discussions with the Resort Advisory
Commission (RAC) and then meet with the other business associations on an individual basis. The temporary
enhancements ($227,000) would be covered by the existing Operating budget and a proposed long term
potential special tax would address the remainder. The City Manager advised the Special Tax District could
be implemented as soon as July First; however, January First is more realistic.
February 10,2004
'1''"'--'
- 17 -
C J T Y CO U NC I L'S B R IE F I NG
MILITARY APPRECIATION WEEKEND - JULY 4TH
4:48 P.M.
ITEM # 52205
Council Lady Wilson and Councilman Maddox referenced the extensive discussion during the City Council
Session of February 3, 2004, relative the Military Appreciation Weekend on July 4th. CouncillvIembers Wilson
and Maddox referenced the proposed First Annual Military Appreciation Weekend, "A Salute to our
Service Men/Women and their families", who have served in action in Afghanistan/Iraqi ". Council Lady
Wilson introduced the representative team:
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
Bill Douthat
President
Jf/hisper Entertainment Consultants, Inc.
In order to have sufficient time, the representatives have proposed scheduling the Military Appreciation
Weekend on Memorial Day 2005. The team also has very innovative ideas relative July 4, 2005, concerning
various athletic venues.
Jeffrey M. Hill, President and Chief Executive Officer, USO of Hampton Roads, requested a commitment in
the form of a Resolution to be received from the City re scheduling the Military Appreciation Weekend. The
sponsors need to be aware of the performers definitely scheduled. This will allow sufficient time to develop
specifics of the Budget, and coordinate with Police, Convention and Visitors Bureau and the stakeholders.
A revised budget of the Event should be provided to City Council.
Councilman Villanueva suggested the creation of an Advisory Committee to consider all issues.
BY CONSENSUS, the City Attorney shall DRAFT a Resolution expressing support for honoring the Nation's
Military by scheduling a Military Appreciation Day on Memorial Day Weekend, 2005.
February 10,2004
- 18-
AGE N DA REV I E W S E S S ION
5:15 P.M.
ITEM # 52206
1.1. Resolution to REFER to the Virginia Beach Development
Authority, for their consideration and recommendations,
amendments to the Economic Development Investment Program
(EDIP) Policy and Procedure.
Councilman Schmidt referenced prior to dispensing any EDIP funding, all would be compliant with State and
Federal regulatory permits. Associate City Attorney Vanessa Valldejuli advised this would be added during
the Virginia Beach Development Authority Workshop.
ITEM # 52207
1.2. Resolution to RECEIVE and ACCEPT the Senior Citizen Real
Estate Tax Relief Task Force's report,' and, REQUEST appropriate
action by the City Manager and supportfor legislative changes from the
General Assembly.
Mayor Oberndorf requested consideration, if savings in the Operating Budget are available, to decrease the
real estate tax rate.
This Resolution is to accept the Report of the Senior Citizen Real Estate Tax Relief Task Force and request
the General Assembly support the revisions to State law and the amendment to the Virginia Constitution.
Councilman Reeve advised this Resolution will be evaluated over the course of two (2) General Assembly
Sessions with a Referendum..
Councilman Schmidt would vote a VERBAL NA 1'; as he is opposed to the relief being irrespective of income
levels. Council Lady McClanan will vote NA Y
ITEM # 52208
1. 6. Ordinance toACCEPT andAPPROPRIATE $465,399 from the Federal
Emergency Mcmagement Agency (FEMA), APPROPRIATE
$153,817 in the fire programs fund balance and TRANSFER
$365,556 within the Fire Department's FY 2003-04 operating budget for
replacement of breathing apparatus.
As there are speakers registered, this item will be discussed during Formal Session.
ITEM # 52209
BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA:
RESOLUTIONS/ORDINANCE
1.1. Resolution to REFER to the Virginia Beach Development
Authority, for their consideration and recommendations,
amendments to the Economic Development Investment Program
(EDIP) Policy and Procedure.
February 10,2004
- 19-
AGE N DA REV I E W S E S S ION
ITEM # 52209 (Continued)
/.2. Resolution to RECEIVE and ACCEPT the Senior Citizen Real
Estate Tax Relief Task Force's report; and, REQUEST appropriate
action by the Ci~y Manager and support for legislative changes from the
General Assembly.
/. 3. Resolution to REQUEST the Commonwealth Transportation Board 0
ESTABLISH a project for improvement of the Colonial Education
Center at the Lynnhaven House.
/.5. Resolution in support of efforts to bring Major League baseball to the
llampton Roads Area,
Council Lady McClanan and Councilman Schmidt will vote NAY on Item /.2 (Senior Citizen Real Estate Tax
Relief).
February 10,2004
- 20-
AGE N DA REV I E W S E S S ION
ITEM # 52210
J.2. Applications ofF. DONALD REID at 3592 Indian River Road.
(DISTRICT 7 - PRINCESS ANNE)
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) and to allow aforty-five (45) foot lot subdivision with open space
and walking trails in the Transition Area
b. Change of Zoning District Classification from AG-1 and AG-2
Agricultural Districts to Conditional R20 Residential District
c. Conditional Use Permit re Open Space
This item will be discussed during FORMAL SESSION, as there are speakers registered.
ITEM # 52211
J. 4. Application of L '1 Ones Home Day Care for a Conditional Use Permit
refamily care home (home day care) at 2038 Lyndora Road.
(DISTRICT 1- CENTERVILLE)
Due to inconsistencies in the dialogue, Council Lady Eure requested this item be discussed in Formal Session.
ITEM # 52212
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
J.1. Petition for a Variance for CAROL ANN PROPERTIES, INC to ~
4.4(b) of the Subdivision Ordinance that requires all newly created lots
meet all the requirements of the City Zoning Ordinance (CZO) and allow
the property to subdivide into two lots at Highland Drive and Highland
Court.
(DISTRICT 1 - CENTERVILLE)
J.3. Application of Paul Daniel Brenneman re Conditional Use Permit for
a commercial kennel at 3661 North Landing Road.
(DISTRICT 7 - PRINCESS ANNE)
J. 5. Application of Home Associates of Virginia, Inc. for a Chanf!e ofZoninf!
District Classification from AG-2 Agricultural District and R-10
Residential District to Conditional R-7.5 Residential District at 960,
964 and 966 Old Dam Neck Road. (DISTRICT 7 - PRINCESS ANNE)
February 10,2004
- 21 -
AGE N DA REV I E W S E S S ION
ITEM # 52212 (Continued)
J.6. Applications ofA. Neal Kellum at 105 Happy Street:
(DISTRICT 3 - ROSE HALL)
a. Chanf!e of Zoning District Classification from A -12 Apartment District
to R-7.5 Residential District
(DISTRICT 3 - ROSE HALL)
b. Conditional Use Permit for a pet crematory
J. 7. Applications of GSDEVELOPMENT, L.L.C. 959 Virginia Beach
Boulevard:
(DISTRICT 6 - BEACH) (APPROVED December 10,2002)
a. MODIFICATION of Proffers on a Conditional Zoning A-12 Apartment
District to Conditional B-2 Community Business re storage of
vehicles, plants, soil, mulch and decorative stone
b. MODIFICATION of Conditions to a Conditional Use Permit
(i) Number 1 re storage of vehicles, plants, soil, mulch and decorative stone
(ii) Number 5 re standard operating hours Monday through Sunday from 6:00 a.m.
to 8:00 p.m.
J. 8. Application of .Tack Rabbit Self-Storage for a MODIFICA TION_of
Condition No.1 0 to Conditional Use Permit (approved by City Council
September 25, 2001) re shared entrances at 5950 Providence Road.
(DISTRICT 2 - KEMPSVILLE)
Mayor Oberndorfand Council Lady McClanan will vote NAY on Item J.5. (HOME ASSOCIATES)
February 10,2004
- 22-
CITY COUNCIL COMMENTS
5:25 P.M.
ITEM # 52213
Councilman Diezel presented a Birthday Cake to Mayor Oberndorf
HAPPY BIRTHDAY MAYOR OBERNDORF
ITEM # 52214
Council Lady Eure distributed a new report from the Open Space Sub Committee, which depicts the funds
available.
ITEM # 52215
Council Lady Eure referenced two (2) articles in the Governing Magazine. February 2004 issue. The article
entitled "Lifting Waits" references the number of rest rooms required in retail and commercial establishments.
The restrooms for women should be increased in number.
The article entitled "Musical Chairs" involves movable seating in parks and other public spaces. New York's
Bryant Park utilizes this concept. Said magazine is hereby made a part of the record.
DINNER: 5:36 P.M. - 6:00 P.M.
February 10,2004
~--_..,_._.......--..
- 23-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
February 10,2004
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, Ci~v Hall Building, on Tuesday, February 10, 2004, at 6:00 P.M.
Council Members Present:
Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter fV. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James 1. Wood
Council Members Absent:
None
INVOCA TION: Rabbi Benjamin Shull
Temple Emanuel Synagogue
Rabbi Shull shares the same Birthday as Mayor Oberndorf(February 14)
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman
and Company and is directZv and indirectly involved in many of Goodman and Company's transactions.
However, due to the size of Goodman and Company and the volume of transactions it handles in any given
year, Goodman and Company has an interest in numerous matters in which her hw.'band is not personally
involved and of which she does not have personal knowledge. In order to ensure her compliance with both the
letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly
review the agenda for each meeting of City Council for the purpose of identifying any matters in which she
might have an actual or potential conflict. If, during her review she ident~fies any matters, she will prepare
and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady
Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a
part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not
personally involved and of which she does not have personal knowledge. In order to ensure her compliance
with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice
to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters
in which she might have an actual or potential conflict. If, during her review she identifies any matters, she
will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council.
Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January 27, 2004, is
hereby made a part of the record.
February 10,2004
- 24-
Item V-F. 1.
MINUTES
ITEM # 52216
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, and due to a computer failure, City
Council DEFERRED the Minutes of the INFORMAL and FORMAL SESSIONS of February 3,2004, until
the City Council Session of February 24, 2004.
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, A1argaret 1. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 10,2004
. ,
- 25 -
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 52217
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
Resolution expressing support for honoring the Nation's Military
by scheduling a Military Appreciation Day on Memorial Day
Weekend, 2005 will be added to the Agenda as Resolution No.
VI. 7.
February 10,2004
- 26-
Item V-G.1
ADD-ON
ITEM # 52218
Upon motion by Council Lady Wilson, seconded by Councilman Maddox, Ci~y Council ADDED to the Consent
Agenda:
Resolution expressing support for honoring the Nation's Military
by scheduling a Military Appreciation Day on Memorial Day
Weekend, 2005.
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 10,2004
-27-
Item V-I.
RESOLUTIONS/ORDINANCE
ITEM # 52219
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, Cizy Council APPROVED IN ONE
MOTION Resolution 1,3,5 and 7 (ADD-ON) of the CONSENT AGENDA.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, A1argaret 1. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt" Ron A. Villanueva, Rosemary Wilson and James 1.
Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 10,2004
- 28-
Item V-I. 1.
RESOLUTIONS/ORDINANCE
ITEM # 52220
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Resolution to REFER to the Virginia Beach Development Authority,
for their consideration and recommendation, amendments to the
Economic Development Investment Program (EDIP) Policy and
Procedure.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, J\1argaret L. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 10,2004
1
2 Requested by Mayor Meyera E. Oberndorf and Councilmember Rosemary Wilson
3
4
5 A RESOLUTION REFERRING TO THE DEVELOPMENT
6 AUTHORITY PROPOSED AMENDMENTS TO THE
7 ECONOMIC DEVELOPMENT INVESTMENT PROGRAM
8 POLICY AND PROCEDURE
9
10 WHEREAS, on January 25, 1994, the City Council of the City of Virginia Beach (the
11 "City Council") and the City of Virginia Beach Development Authority (the "Authority:")
12 approved the Economic Development Investment Program Policy and Procedure (the
13 "EDIP Policy") to ensure that the expenditure of Economic Development Investment
14 Program ("EDIP") funds is made in the public interest and is in furtherance of the purposes
15 for which the EDIP was established;
16 WHEREAS, City staff has recommended certain changes to the EDIP Policy; and
17 WHEREAS, Section 9 of the EDIP Policy provides that the EDIP Policy shall not be
18 amended without the prior consent of the City Council and the Authority.
19 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
20 VIRGINIA:
21 There is hereby referred to the Development Authority, for its consideration and
22 recommendation, proposed amendments to the EDIP Policy. A true copy of such
23 proposed amendment is hereto attached.
24
25 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 10th day
26 of
F'prll.rlry
,2004.
1
27
28
29
30 CA-9076
31 C:\Documents and Settings\gfentres\Local Settings\Temp\EDIPPOL.res.wpd
32 January 28, 2004
33 R-1
34
35
36
37 Approved as to Legal
38 Sufficiency:
39
40
41
42 ~
43
44
2
"."'-,._,.,._.._,---,,-_._-~ ,
WHEREAS, the City of Virginia Beach Development Authority (the
"Authority") was created pursuant to Chapter 643 of the Acts of Assembly of 1964, as
amended (the "Act");
WHEREAS, one of the primary purposes of the Act is to enable development
authorities "to promote industry and develop trade by inducing manufacturing, industrial,
governmental and commercial enterprises to locate in or remain in the Commonwealth....";
WHEREAS, pursuant to ~ 6 of the Act, the Authority has the power, inter alia,
"to sell, exchange, donate and convey any or all of its facilities or other properties whether
realty or personalty whenever the Authority shall find any such action to be in furtherance
of the purposes for which the Authority was organized";
WHEREAS, pursuant to ~ 7 of the Act, "the Authority may foster and
stimulate the development of industry in the area within its jurisdiction... [and] may accept,
and expend for the purposes stated above, money from any public or private source....";
WHEREAS, pursuant to ~ 10 of the Act, the City of Virginia Beach (the
"City") "is authorized and empowered to make appropriations and to provide funds for the
operation of the Authority and to further its purposes";
WHEREAS, the economic development goals and objectives of the City
include achieving a higher ratio of nonresidential to residential real estate assessments,
investing in land and infrastructure to benefit future economic growth, and maximizing the
return of economic development efforts through the development and implementation of
programs and strategies that facilitate new business investment and encourage retention and
expansion activities thereby improving the overall quality of life in the City;
WHEREAS, the City has established the Economic Development Investment
Program ("EDIP") in the flY 199J-94/PY 1998-99 Capital Inlplovemcllt rloglalu as part of
its overall effort to enhance the City's ability to accomplish these goals and objectives;
WHEREAS, pursuant to the authority and empowerment set forth in ~ 10 of
the Act, City Council has determined that it would be in the best interests of the City-ro
tra115fcr the fund5 in thc EDIr account to the Authority and to provide futurc EDIP
appropriations to the Authority to enable the Authority to more effectively continue its
efforts to foster and stimulate economic development by ill inducing businesses to locate
or remain in the City: and (in providing incentives to qualifying developers and property
owners for the development or redevelopment of under improved or underdeveloped
properties_ or brownfields_ grey fields_ or abandoned or blighted properties in areas of the
City which have been designated as "Strategic Growth Areas" or "Economic Redevelopment
Areas"_ including infill development within such areas; and
WHEREAS, the City and the Authority have agreed that the provision of funds
in the EDIP account to the Authority for economic development purposes, and the
subsequent provision of such funds by the Authority to qualifying bU5ine,55e5 recipients,
should be subject to policies and procedures which will ensure that the expenditure of such
funds is in the public interest and is in furtherance of the purposes for which the EDIP was
established;
NOW, THEREFORE, the City of Virginia Beach and the City of Virginia
Beach Development Authority hereby adopt the following Economic Development
Investment Program Policy and Procedures (the "Policy"):
PART A: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS
TO QUALIFYING BUSINESSES.
1. PURPOSE AND INTENT. The animating purpose of Part A of the
Economic Development Investment Program shall be to enhance the ability of the City of
Virginia Beach Development Authority to foster and stimulate economic development in the
City by inducing new businesses to locate in the City, and existing businesses to remain in
the City or to expand their operations. All expGnditnre,5 of EDIP fund5 5hall be in keeping
with thi5 rolicy and Procedure and nlay inure only incidentally to the benefit of pIi v ate
intere,5t5. EDIP fund5 lilay ,t150 be utilized to conduct atchitcctural and engineering 5tndie5
directly rcJated to 5pecific ecollonnc developlllcntinitiati ve5 and/or project5 being conducted
by the, Authority on behalf of the City.
2. INVESTMENT CRITERIA. a. 'l/henever the Director of Econoluic
De velopment acting on behalf of the AuthoIit" detcnlline5 the need to pIO v ide ED IP fund5
to a 5pecific bU5ille55, he or 5he 5hall nlake a roInlal pre.5entatioll and rGconl1nendation to the
Authority at a rcgulatly-scheduled 01 5peciallneeting of the Authority. Except as otherwise
provided in paragraph 3--4 of this Part A, prioI to making 5uch a recomnlcndation, the.
Di1ector of Ecollonnc Developll1Cnt Inu5t dcte.nuine, and mU5t advi5e the Authorit" EDIP
funds may be awarded pursuant to Part A of this Policy where the Director of Economic
Development (the "Director") has determined_ and has advised the Authority that one or
more of the following criteria have been met:
.\
~,.... :-lr~'- ....
:~J~e:'!:". -', ~
2
.
,"j
l..t;~ ~'l !;::"~ ~\;=~:J
'U::~j. ~~ \;..,~ ~.1i4
I..l J
y;:._.~
;:~e:,~;:,::1
.-1 .
1 \{:;t.~,..1:
\v.,.,~~ l. uS" ~
" ~'Tn~'~~::':~~'::;l~~
~-
~ .' '."~
" _d'. .' 'j
~:::".-".~ '::1
-~ ...... .~":U't"~""."".
M._.....c
. . ..J"'~'}:1
~~'~~''1':(I' .
t:::.\ ) (~?:::..~
. . e..'. . < ,."j
~.,J: ~ .......,....
i-: a. The net amount of direct tax revenues returned to the City by a
business to which EDIP funds are provided will exceed the amount of
EDIP funds so provided no later than thirty (30) months from the date
on which the business commences operations at a new or renovated
facility;
it: b. For every one dollar ($1.00) in EDIP funds provided, the
business to which such funds are provided will spend twenty-five
dollars ($25.00) or more in new capital investment~ including
buildings, furnishings, and/or equipment; and/or
(;:".::::;)
.~:'~::,':'~1"~.";: :~'!~:~J
iii c. Every one thousand dollars ($1,000.00) in EDIP funds provided
will yield at least one (1) new "full-time equivalent" employment
opportunity paying an average annual salary of $35.000 (excluding
benefits) in the business to which such funds are provided.
These criteria shall be reviewed by the Director of the. Departtllent of
Econonuc Dc v ClOp111ent and the Director of the Department of Management and Budget on
a bi-annual basis. beginning on DeccmbeI 1, 1995, pIovidcd, howeveI, that in accoIdance
with patagIaph 9, the cIiteJ.ia ~hall not be amended without the plioI consent and appIoval
of the City and the Authority. The Director shall recommend any appropriate revisions to
the City Council and the Authority for further consideration and action.
3. APPLICATION FOR EDIP AWARD. A business who desires EDIP
funds to locate. relocate or expand its business in the City of Virginia Beach may make
application for that purpose through the Department of Economic Development. The
applicant shall submit such information and documentation concerning its application as
may be required by the Director. The Director shall review the application and information
submitted and may. if the Director finds that the application meets the requirement of this
Part A. recommend to the Authority that it award EDIP funds to the business.
3~. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the
Director of Ikononuc Developlllt:llt, acting on behalf of the Authority, determines the need
to provide EDIP funds to a specific business, but the criteria set forth in paragraph 2 of this
Part A have not been met, the Authority shall obtain specific approval from City Council
prior to its approval of the provision of EDIP funds for such purpose.
4~. AUTHORITY FINDINGS AND ACTION. Based upon the
recommendation of the Director of Ikononuc Dc vclopluent, the Authority shall either
approve or disapprove cl the proposed provision of EDIP funds to the business;. The
3
,-~",._,,_.~..._. ._~'--~~'...~...~,." --.............---.--p-
Authority shall not be required to approve the Director's recommendation. but shall exercise
its legislative discretion in determining whether. and to what extent. the application satisfies
Part A of this Policy and the Authority's objective of fostering and stimulating the
development of industry in the City. Provided prOvided, however, that prior to approval,
the Authority must make the following findings:
a. That the animating purpose of the proposed provision of EDIP
funds to the business is to serve the public purpose of fostering and
stimulating economic development in the City of Virginia Beach, and
that the expenditure of such funds will only incidentally enure to the
benefit of private interests, if at all; mtd
b. That the proposed provision of EDIP funds to the business is in
furtherance of the purposes for which the Authority was created7~
c. That without the stimulus of the EDIP award it is unlikely that
the business would locate or remain in the City: and
d. That as of the date of approval of the EDIP award. the business
had not yet commenced construction of the proposed improvements.
SQ. APPROVAL OF AWARD OF EDIP FUNDS. Approval by the
Authority of the provision of EDIP funds to a specific business pursuant to this Part A shall
be in the form of a resolution which shall include the following information:
a. The name, location, and nature of the business to which the funds
will be provided;
b. The amount of funds that will be provided;
c. The purpose or purposes for which the funds will be provided;
d. A statement that the criteria set forth in paragraph 2 of this Part A
of thi~ rolicy and Procedure have been met; or, in the alternative, that
City Council has specifically approved provision of EDIP funds for
such purpose pursuant to paragraph 31 of this Part A; and
e. A statement that the findings set forth in paragraph ~ of this rolicy
and rlocedurc Part A have been made by the Authority.
4
, ,~~(,1Y.', t'f!t","~"""'h,.:~ <,f,; ',;: :,'''\, ~'\I)": " ~.~~~~ ~~'~l, i"~
'I, ".-~"'\" \
"\"'-'. ,.",Mf;/
\ ~2, \:".~~~\ U,"\,~~ "~._.,~,ii
~~;.:.; -~-
t'
'oJ \,'
~~J1
6. PAYMENT OF EDIP FUNDS. Once the provision of EDIr funds to a
business has been approved by the Authority, the funds shall only be provided to the
business upon the submission of in voices showing the actual costs inctlued by the business
for the purpose or purposes for which the funds were provided.
PART B: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS
TO QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THE
DEVELOPMENT OR REDEVELOPMENT OF PROPERTIES IN STRATEGIC
GROWTH AREAS OR ECONOMIC REDEVELOPMENT AREAS.
1. PURPOSE AND INTENT. It is recognized that within the City there are
areas that are currently brownfields_ greyfields or vacant abandoned. under improved or
underdeveloped with improvements or land uses which are not economically viable but if
developed. should stimulate industry and economic development within the City. Moreover-
such properties and areas_ if developed or redeveloped. may reasonably be expected to (i)
generate additional tax revenue as a result of capital investment (in create additional job
opportunities: (iiD influence similar redevelopment and additional investment in nearby
properties:(iv) further the goals of the Comprehensive Plan and be consistent with good
zoning principles: and (v) lead to the establishment of safe and convenient neighborhoods
and workplaces. Accordingly. it is the animating purpose of the Economic Development
Investment Program under Part B of this Policy to enhance the ability of the City of
Virginia Beach Development Authority to foster and stimulate economic development in the
City by providing incentives for the development or redevelopment of properties described
herein.
2. ECONOMIC REDEVELOPMENT AREAS AND STRATEGIC
GROWTH AREAS. The Directors of the Departments of Economic Development and
Planning shall identify areas of the City (D that are currently brownfields_ greyfields. or
vacant abandoned_ under irnproved or underdeveloped: and (in which should be considered
for redevelopment or special development opportunities_ but may lie outside of the Strategic
Growth Areas as set forth in the City's Comprehensive Plan. Such areas shall be known
as "Economic Redevelopment Areas". Once identified. an Economic Redevelopment Area
must be submitted to the City Council for designation as such by ordinance. To qualify for
EDIP funds under Part B of this Policy. a developer or owner of property must demonstrate
that the subject property is located within a Strategic Growth Area which has been
designated as such in the Comprehensive Plan or has been designated an Economic
Redevelopment Area as defined herein by ordinance of the City Council. For purposes of
this Policy. the term "brownfields" means vacant. abandoned or under improved real
property large enough to support significant expansion. redevelopment or reuse. but for
5
. ; ... .~.~
, ~"; ':, '1 ~\\ ';~ :;~,
J L1L1U U
,~
- ' "----""'1"'<000-'--'---
which such expansion. redevelopment or reuse is complicated by the presence of a
substantial amount of hazardous substances. pollutants. or contamination.
3. QUALIFYING lAND USES. EDIPfunds underPartB of this Policy may
be provided for office. industrial. retail. hotel and mixed use development (including high
density and multi-family residential uses).
4. INVESTMENT CRITERIA. EDIP funds may be awarded pursuant to Part
B of this Policy in such instances where the Director has determined. and has advised the
Authority. that both of the following criteria have been met:
a. The net amount of direct tax revenues returned to the City as a result
of the development or redevelopment for which the EDIP funds are
provided will exceed the amount of the EDIP funds provided no later
than 48 months following the payment of the EDIP award: or where
flexibility for tax abatement has been granted by the City. the amount
of direct tax revenues abated as a result of the development or
redevelopment for which EDIP funds are provided will exceed the
amount of the EDIP funds provided no later than 48 months following
the payment of the EDIP award.
b. For every one dollar ($1.00) in EDIP funds provided. the owner or
developer of the development or redevelopment for which such funds
are provided will spend twelve and 50/100 dollars ($ 12.50) or more
in new capital investment. including buildings. furnishings. and/or
equiprnent.
The foregoing investment criteria and required return to the City shall be
inter:preted as being a threshold for consideration for the award of EDIP funds. No award
of such funds may be made unless all other requirements of Part B of this Policy are satisfied
and all findings stated in Part B of this Policy are made.
5. AVAilABiliTY OF FUNDS. EDIP funds may be authorized for use
pursuant to Part B of this Policy only to the extent that they have been appropriated by the
City Council. Further. provided that in any given fiscal year. the Authority shall not award
more than fifty percent (50 %) of its appropriation for EDIP use for that year for
development or redevelopment purposes pursuant to Part B of this Policy without
authorization of the City Council.
~~~ ~''''~<':'b~
~""~"1~~~.~. " ~' ~, \ ~.~. ti
',l (' t:~;oJ ~~ ~., l'\
,." , ,\ ~ ,/\" ':\\ r\'., ~
. : ~ .f) ~ ~~ ~ ~I ~ n ~ ft I~ ~, .,,;",
.~:::\ ~~ ~I .~~. " ~-:~,"7 ~ n \~ \.~ f~ ;:....._1} , .
6
, ~ .~.
~"~
U
J ~ '. t'4 ".
. _"' ". ~~ t~ ~
~ I" .Co v -\ c-
t, ~' 1\ ~ ~.U; ~~ ~
" ~'~~
Jo.- ,~
6. APPLICATION FOR EDIP AWARD. A qualifying developer or owner
of land who desires EDIP funds for use in the development or redevelopment of property
located in a Strategic Growth Area or an Economic Redevelopment Area may make
application for that purpose through the Department of Economic Development. The
applicant shall submit such information and documentation concerning its application as
may be required by the Director. The Director shall review the application and information
submitted and may. if the Director finds that the development or redevelopment of the
property described in the application satisfies all requirements of this Part B. recommend to
the Authority that it award EDIP funds to the applicant. In determining whether to
recommend that EDIP funds be awarded to an applicant. the Director shall find as follows:
a. Whether the provision of EDIP funds is necessary to stimulate the
development or redevelopment of the property/area: and
b. Whether the development or redevelopment satisfies the investment
criteria set forth in paragraph 4 of this Part B.
Additionally. the Director may consider the following:
c. The amount of EDIP funds remaining and available for use pursuant
to this Policy for the fiscal year.
d. The economic return to the City generated by the development or
redevelopment in addition to the criteria set forth in paragraph 4 of this
Part B .
e. The expertise and experience of the developer or property owner
in redeveloping brownfields. greyfields. abandoned. blighted. under
improved and underdeveloped properties.
f. The degree to which the redevelopment may influence development
or redevelopment within the Strategic Growth Area or the Economic
Redevelopment Area and adjacent or nearby properties.
g. The extent to which the development or redevelopment may serve
to implement a change in use which is consistent with and/or furthers
the goals of the Comprehensive Plan.
7
i. The amount of the applicant's capital investment in the development
or redevelopment of the property.
j. The extent to which the plan of development or redevelopment
incorporates mixed uses . provides open space and focuses on
transportation and transit accessibility.
7. AUTHORITY FINDINGS AND ACTION. Based upon the
recommendation of the Director. the Authority shall either approve or disapprove the award
of EDIP funds to the applicant. The Authority may attach conditions to the approval of the
award of EDIP funds. The Authority shall not be required to approve the Director's
recommendation. but shall exercise its legislative discretion in determining whether. and to
what extent. the applicant's proposed development or redevelopment satisfies Part B of this
Policy and the Authority's objective of fostering and stimulating the development of
industry in the City. Provided. however. that prior to approval of the award of EDIP funds
to an applicant. the Authority must make the following findings:
a. That the animating purpose of the proposed provision of EDIP funds
to the applicant is to serve the public purpose of fostering and
stimulating economic development in the City of Virginia Beach. and
that the expenditure of such funds will only incidentally enure to the
benefit of private interests. if at all:
b. That the proposed provision of EDIP funds to the applicant is in
furtherance of the purposes for which the Authority was created:
c. That without the stimulus of the EDIP award it is unlikely that the
property would be developed or redeveloped to the extent proposed.
or at the current time:
d. That as of the date of approval of the EDIP award. the applicant
had not yet commenced construction of the proposed development or
redevelopment:
e. That the property has been designated (or is in an area which has
been designated) as a Strategic Growth Area by the Comprehensive
Plan or an Economic Redevelopment Area by ordinance of the City
CounGil;,
8
r:' r""'--\. '\ ~~~ ~:,~ F"-'
.~.\~ . .._. .;-\ ~ ~ t. 't-\ \, ..,/.
i .- ...." p..,' I" ",~ ., \ ,<. :.,
;'"r>,\ ':? .~~ ~;,~ J tj ; \. i~ \\ ','; )
'; , .'~
. \ \ :;, ~ :;, i~ l,.f,~ .~j'\ "~
)~ :'1, '~\'1 ~ J ~j ~ w
'. I ~.Jl t~-~.
..~-.:>~
'.
~..1 ,. ,
~,J
r -
f. That the proposed development IS consistent with the City's
Comprehensive Plan: and
g. That. the scope and quality of the plan of development or
redevelopment as proposed. will serve to influence redevelopment
and additional capital investment in adjacent or nearby properties.
8. APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the
Authority of the provision of EDIP funds pursuant to this Part B shall be in the form of a
resolution which shall include the following information:
a. The name of the owner or developer of the property. and the
location and a brief description of the development or redevelopment:
b. The amount of funds that will be provided:
c. The purpose or purposes for which the funds are to be provided:
d. A statement that the criteria set forth in paragraph 4 of this Part B
have been met:
e. A statement that the findings set forth in paragraph 7 of this
Part B have been made by the Authority: and
f. Any conditions to the approval of the award of the EDIP funds
by the Authority.
~ ALTERNATIVE USES OF PART B FUNDS BY THE
AUTHORITY TO PURCHASE PROPERTY IN A STRATEGIC GROWTH AREA.
The Authority may use EDIP Funds to purchase property within a Strategic Growth Area
or an Economic Redevelopment Area. Prior to the approval of the use of ED IP funds for
such acquisition. the Authority must find that:
a. The property is located within a Strategic Growth Area or an
Economic Redevelopment Area: and
b. The acquisition of the property by the Authority and its subsequent
development or redevelopment will be in conformity with and/or
9
-. ~"' r -" r" ('~IO..,
T ' , ;,' ~\ ~~ t' , ?:\ \ ~ f!, \~I,
1 ~\ ':~ ;'. ~ r\ ~, H " :.1 l. ",,, ~; ,
" : 1 " ' ~..". \ /1 ,f.!.:;. '\.,...\ (, i"-, '"
, r.' I. "', ',' \i ',~ \:. .~~
. :. ;\ Ii t~~: bl ~ ~
; ~'~ \~......
~-~~
-.....-'...-.""....'..'.,.-..-
furthers the goals of the City's Comprehensive Plan and Part B of this
Policy.
Any property purchased by the Authority using EDIP funds pursuant
to paragraph 10 of this Part B may disposed of in accordance with state law and may be
subsequently be sold to a private party for development or redevelopment. In the event of
such sale. the Authority shall attach appropriate conditions to assure that the development
or redevelopment is in conformity with and/or furthers the goals of the City's
Comprehensive Plan. and is in furtherance of the objectives of Part B of this Policy.
The proceeds of any property purchased by the Authority and sold
pursuant to paragraph 10 of this Part B shall be returned to the EDIP fund account.
PART C: GENERAL PROVISIONS APPLICABLE TO BOTH PARTS A AND B.
9:L SEPARATE ACCOUNT FOR EDIP FUNDS. EDIP funds shall be
maintained by the Authority in a separate account and shall not be commingled with other
Authority funds.
2. EDIP FUND EXPENDITURES. All expenditures ofEDIP funds shall
be in keeping with this Policy and may enure only incidentally to the benefit of private
interests. In addition to the use of EDIP funds pursuant to Parts A and B of this Policy. EDIP
funds may also be utilized to conduct appraisals. financial and market studies. and
architectural and engineering studies directly related to specific economic development
initiatives and/or projects being conducted by the Authority on behalf of the City.
.1... PAYMENT OF EDIP FUNDS. When EDIP funds are awarded
pursuant to either Part A or Part B this Policy. they shall be paid to the authorized business
or the owner or developer at such time as the Director shall (n obtain copies of
invoices/receipts from the business. or owner or developer showing the actual costs incurred
for the purpose or purposes for which the funds are to be provided: (ii) determine that the
development or redevelopment is in conformity with the plan of development presented to
the Authority and with all conditions which may have been attached to the approval of the
award of the funds by the Authority: and (iin where required by the Authority. the business.
or owner or developer shall execute and deliver to the Authority an EDIP Recapture
Agreement in a form acceptable to counsel for the Authority.
4. SPECIFIC PURPOSES FOR THE USE OF EDIP FUNDS. When
EDIP funds are awarded to an applicant pursuant to this Policy. such funds shall be used for
. _ r*'''' '" ~.- ~~...j t~l r:~~j
~ Q ~ ,e: i Ii ~ y' t: 1\
: \, : :;: \i :,~~"~ \, \\i, Ii:: i t,
'.;1 : ". .):; ~. ~i r r:~; ~ U ~~ t'~
. "'W \~~;llI
L...,~"'''
10
the purposes set forth in ~ 2.2- 115( C )of the Code of Virginia. These purposes are as
follows:
Public and private utility extension or capacity development on
and off-site: road. rail. or other transportation access costs
beyond the funding capability of existing programs: training
costs: site acquisition: grading. drainage. paving. and any other
activity required to prepare a site for construction: construction
or build-out of publicly owned buildings: or anything else
permitted by law.
&5. REPORTING. The Authority shall provide City Council semi-annual
reports, on or before June 30 and December 31 of each year, outlining, in detail, the manner
in which the funds were provided. Such reports shall include, at a minimum, the
information required by subsections a, b, and c of paragraph 5 of Part A, subsections a. b.
and c of paragraph 8 of Part B. and information demonstrating compliance with the
provisions of this Policy and Procedure.
9:6. AMENDMENTS TO POLICY. The provisions of this Policy and
rrocednre shall not be amended without the prior consent and approval of the City Council
and the Authority.
*7. APPLICATION OF POLICY. This Policy and I't:ocednre is
specifically applicable to the expenditure of Econonnc Development In ve5ttnent rIogranl
EDIP funds. This Policy and rIocednIe is not intended to be, nor shall it be deemed to be,
applicable to the use of public funds from any source other than the EDIP.
H:8. EFFECTIVE DATE OF POLICY. This Policy and rIocednIe shall
become effective immediately upon its approval by the City of Virginia Beach and the City
of Virginia Beach Development Authority, which approval shall be evidenced by signature
of the Mayor of the City of Virginia Beach and the Chairman of the Ci ty of Virginia Beach
Development Authority acting by, and on behalf of, the City and the Authority, respectively.
Mayor, City Of Virginia Beach
Chairman, City of Virginia Beach
Development Authority
. .~
,I
~'~.1;..i ~~-:,-:::
:~
F:\U sers\ VV alldei\ WP\BZA \ED IPR4.POL. wpd
DF-4471
~,..~.~.. f';'~,
." C:'4"'~~... f;, ,~~ .; '~
'.' .-......,
11
. .,
I~~.~. ~-;~.~
.-~~3r,,3j \..>-~.i~
~~l(.-'A::'.';
- 29-
Item V-I.2
RESOLUTIONS/ORDINANCE
ITEM # 52221
Joseph Paul Schrank, Chief Service Officer - Disabled American Veterans - Virginia Beach Chapter 20,
1144 Revere Point Road, Phone: 460-0283. On behalf of the 2,000 plus Disabled Veterans of Chapter 20,
Mayor Oberndorfwas wished a Happy Birthday. Chief Schrank requested the Resolution include allfully
disabled Veterans. The Senior Citizen Real Estate Tax Relief Task Force did not include a Veteran or
disabled individual. Chief Schrank presented a Resolution of Disabled American Veterans Chapter 20,
which is hereby made a part of the record.
Terrell J. Wheeler, Phone: 228-1551, Chapter 20 - Disabled American Veterans, referenced a member ofhis
Chapter who lives in Alanton. In the early 1960's, he bought his property for $37,000, which is located on
a point. Due to the enormous increase of the property value, he is having difficulty paying the taxes.
Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council ADOPTED:
Resolution to RECEIVE and A CCEPT the Senior Citizen Real Estate
Tax Relief Task Force's report,' and, REQUEST appropriate action by the
Ci~y Manager and support for legislative changes from the General
Assembly.
Voting: 10-1
Council Members Voting Aye:
Harry E. Diezel, lvfargaret 1. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
Peter W Schmidt
Council Members Absent:
None
February 10,2004
".._._~--
Requested by Councilmembers Jim Reeve, Richard Maddox and Ron
Villanueva
1
2
3
4
5
6
A RESOLUTION TO RECEIVE AND ACCEPT
THE SENIOR CITIZEN REAL ESTATE TAX
RELIEF TASK FORCE'S REPORT AND TO
REQUEST APPROPRIATE ACTION BY THE
CITY MANAGER AND THE GENERAL
ASSEMBLY
7
WHEREAS, the Senior Citizen Real Estate Tax Relief Task
8 Force ("Task Force") was created on May 6, 2003, and charged with
9 studying the impact of rising real estate tax assessments on senior
10 citizens;
11
WHEREAS, the Task Force researched the issues involved
12 and prepared a comprehensive report, which includes recommendations
13 on increasing existing income and net worth limits on eligibility
14 for tax relief, as well as suggested state law revisions and a
15 proposed amendment to the Virginia Constitution that will offer
16 localities flexibility in providing tax relief for senior citizens;
17 and
18 WHEREAS, the Task Force presented its report on December
19 2, 2003, to the City Council.
20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
21 OF VIRGINIA BEACH, VIRGINIA:
22
1 .
That the Task Force's report dated October 21, 2003,
23 is hereby received and accepted by the City Council.
~"----, . ,
24
2 .
That the City Clerk is hereby requested to transmit
25 a copy of the Task Force's report to all members of the City's
26 local delegation to the General Assembly.
27
3 .
That the General Assembly is hereby requested to
28 support the revisions to state law and the amendment to the
29 Virginia Constitution proposed by the Task Force's report.
30 Adopted by the Council of the City of Virginia Beach,
31
Virginia, on the 10rn day of Febr1lary
, 2004.
CA-9105
ORDIN\NONCODE\seniorcitres.wpd
R-2
February 4, 2004
APPROVED AS TO LEGAL
SUFFICIENCY:
/ (' .-.
~ ~,S~ill-
City Attorney s Ofrlce
2
." .-.."..---...-................--
- 30-
Item V-I.3.
RESOLUTIONS/ORDINANCE
ITEM # 52222
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Resolution to REQUEST the Commonwealth Transportation Board
ESTABLISH a project for improvement of the Colonial Education Center at
the Lynnhaven House.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 10,2004
......- ----to
Requested by Councilmember Rosemary Wilson
1
2
3
4
5
6
7
8
A RESOLUTION TO REQUEST THE COMMONWEALTH
TRANSPORTATION BOARD TO ESTABLISH A PROJECT
FOR IMPROVEMENT OF THE COLONIAL EDUCATION
CENTER AT THE LYNNHAVEN HOUSE
WHEREAS,
in
accordance
with
Commonwealth
9 Transportation Board Construction allocation procedures , it is
10 necessary that a request by resolution be received from the
11 local government or state agency for the Virginia Department of
12 Transportation program a transportation enhancement proj ect in
13 the City of Virginia Beach.
14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
15 CITY OF VIRGINIA BEACH, VIRGINIA:
16
That
the
City
of
Virginia
Beach
requests
the
17 Commonwealth Transportation Board to establish a project for the
18 improvement of The Colonial Education Center at Lynnhaven House,
19
called The Museum of Water Transportation:
The Chesapeake and
20 Its Tributaries, 1607 to the Present; "The King's Hyway."
21 Adopted by the Council of the City of Virginia Beach,
22 Virginia, on the Tenth ____ day of February , 2004.
CA-9109
H:\GG\OrdRes\Colonial Education Ctr.res.doc
R-l
February 4, 2004
APPROVED AS TO LEGAL SUFFICIENCY:
, Q/I
Offi6e
,Ja ....- :~b- 04 07: S9A E 1 ; zabc::!!th D. Mooz
(757) 422-6127
P.03
EX.:C(J'rIV~ SllMMAltV
EXHLBITION PLANS to:' the COIJONIAL EDlICATION CRNTt:R of
LYNNHA VEN 1IOUSF:~ SouTtheastcrn llranch APV A~ Virginia [.cach~ "a.
I )llnhaven House desires to install an exhibition using virtual realilJ LcchnqllCS
~()n1bincd with actual historical objects in its newly constructed CctLtcr. The exhibits will
he housed in its :rnain entrance, principal corridor and the tnultj-mecia gan~ ry. It will be
suppkmented by changing exhibits in the Great Hall. The exhibit will 'bells on the
IlnportmlCc of Cape IIenry the importance of water transport in the history of the
t'hl~:;apcakc and its trihulClrics and the role of T..ynnhaven House and the 1 ~ 91 Cape
lIenry r.ighlhollSC~ sister historic ~ites owned by thc MV A. in the estahlishment and
creati()1l of the UNITED :~;TATES. Four of the lnany purposes orthe project arc as
tt1 Uows:
~"'''' To dramatically den:onstratc the nnportUllce of WATER TRJ~SPO {TATION:
cspe(;.ially in colonial tUllC:;;, educate others about the role water transport I ')ays today and
!()',ler thinking about how watt':r transport can be llsed in the future to pert aps relieve
certam problculS in land tlral1sp<Jrt Of help postpone some of those Jlohlct1 kS until even
fllorc creative solulion~ to unprove transportation can he inspired.
* II< * To provide local jnhi.\bilants~ school children and tourists an ~ xpericr: c;c of seeing a
great SUl~i\'ing house trol~l carly colonial times~ complete with autllcnticall ~I clothed
Ol\CCmg and actual ohjech, lron1 the period which teU the stOl")' of 1\luerict ~s formative
vcars.
**. 1'0 create another UI:W major tourist destinaLion point in Vir~,inia ileCl.ch.. offer a
quality activity aJl visitors, de~ired hy the atllucnt llk'Uket sector and other~ alike, and
t'DCouragc longer stays hy the 2.] million visitors who now come to nUT aJ ea each year.
*... 1'0 help educat~ An':ericans about the itnportance ofCa.p~ Henry in ( ur Nations'
hlslory and take its rightfi,,11 place along with Plymouth Rock, lndcpcndcnc ~ Ilall,
\Villiarllsburg, etc.. as a pdmal site In the lornlation of our country. Cape T renry ~ lhe
place whc:re the fir~t permanent settlers of America cam~ ashore ~ tt e scene of the great
naval battle whidl won lh.o~ American Revolution, and the point or nHvigati on and
conU}l(~rcc at the time oft:he Articles orConlcdcration that provideJ major irnpelus to the
c0nvchtions at Mt. Vem(]ln~ Annapolis and Philadelphia i.ll1787. which reS LllteJ in the
JJoptioll of our United S1tates Constitution.
Theflulll.\' to build Ihe C,'nler have already been secured hy priva'e dOJ'w'ions. A g,.unt
Ji'onl iJ/(~ ('ommonwt'olth ,?l Virginia js Departmenl l?lTransportaIIOf1 has been written
relllle.'ifing $ 334. OU(j (0 create, produce and install the exhihilion The II .\"lory and
{heme,~ presented in flu? Center should open the wa}'.I(Jr conlinuinpfundil ~lrom local
and NallOllul ,..,'()un:es. in ,:.uklition. the Center and its exhihitiou shrJuld itl.~n:ll.\il~ tuurist
lldmi5Siu1lsfor L}'ntlhdVe,', House, the /79/ Lighlhou.\,t! and other JliJIOric sire'S in our
area and make ,.tt~W econ(:lmic impactfor Virginia Belll'h. rpn 1/22/04
.Jan-:?h-04 OB:OOA El;zabe-th D~ Mooz
(757) 422-6127
p~Og
ENHA.NCEME T PROJECT APPLICATION FORM
1/22/04
A. The Boa d of Directors, LYlmhavcn House, Southeastern I ~ranch ,\.PV A.
440 1 Wish~ Rd.
Virginia Bea h, VA. 23455
B. As A.bov,:
C. Hon. Ro 'emary ~Hilson, Chairman ~ Board of Direclors
7~7-422 0733 Fax 757-428-8783 fWilson11(t;),cox.nd
D. R Peter aoz, Ph.D., Executive Director
757 -422 6182 Fax 757-422-6127 pm2J45 1 (tiJaoLcol[)
F. rv1usclun of Watc:r Transportation: The Chesapeake and it~ Tribut tries. 1607 to
the Pre t, at th(~ Colonial Education Center of Lynnhavet I Houst. ( tentative
working xhibition title: HThe King's Ifyway~)
F.. # 12 Esta lish Transportation MUSCluns
G. Create, oducc and install an exhibilion of water transport ltion, c ;pccially
rdated t( the period 1607 to 17~9 when Cape Henry witnessed tb ~ arrivaj if the
tisrt per . cnt sCHlers, th~ winning naval ~1ttlC of the Amt~rican F evolutioll, and
a major' pettiS to the adoptjon of the US Constitution as u/cll as ocaI events in
lht' Virgi lU Reach area and daily life at Lynnhaven Hou~e. The prl ~sentation will
include C langes and develop.rllent in the waterway in the 1 Sth and ~oth century,
5110\\' pr scnt trculsportation lllodes and foster thinking about thc Jse or
,watcC\va s in the liature. It will be installed in the entrance, lllain c -,rridor and
nnllti-lne ia galleries of the Center now funded and under o:onstru :tion.
L.
d ofDir~ctors of Lynnhavcn House, Southeastertl Branc1 APY A.
II.
L As ahov
J.
K.
Ivt. $95~OOO cash., plus in-kind and volunteer services
(Total co t of project $430,000. Match equals 25.80/0)
N, $95~OOO building fund conf1rtncd 95,000
25J)OO a portiom:d part of site work donation anticipated totall~ ,0,000
9.000 ap ortion~d part of in-kind constnlction nlanagcmcnl confilmed total
60,000 p us volunteer timc of archilecls.. accountants, busi.ncss lea lers and other
ouilding xpcrts, de est. lotal 1 OO~OOO; and paid stan'lilne cOlltrib ltion 40.000.
---_.,..~.'"-~--_.......,.-
. ...
- 31 -
Item V-I.4.
RESOLUTIONS/ORDINANCE
ITEM # 52223
The following registered in SUPPORT:
Tom Wilson, Chair - Hampton Roads Chamber of Commerce, Virginia Beach Division, Town Center, 222
Central Park Avenue, Phone: 664 2570, read the Chamber's Resolution in support.
Jim Pendergast, President - Virginia Beach Visions, Inc, referenced the Resolution in support distirbuted
to the Mayor and Members ofCi~y Council
The following registered in OPPOSITION
Hal Levenson, 2004 Brickell Court, Phone: 496-0745, represented CCAJN (Concerned Citizens Against
Jet Noise)
Kim Johnnson, 4412 Reynolds Drive, Phone: 639-4968, represented CCAJN (Concerned Citizens Against
Jet Noise)
Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council ADOPTED:
Resolution re interim guidelines governing applications for land
development in Air Installations Compatible Use Zones (AICUZ).
Voting: 9-2
Council Members Voting Aye:
Harry E. Diezel, Alargaret 1. Eure, Vice Mayor Louis R. Jones, Richard A,
Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson
and James 1. Wood
Council Members Voting Nay:
Reba S. McClanan and Mayor Meyera E. Oberndorf
Council Members Absent:
None
February 10,2004
-"."" --...<< ~
1
2
3
4
5
6
A RESOLUTION ADOPTING INTERIM
GUIDELINES GOVERNING APPLICATIONS
FOR DEVELOPMENT IN AIR
INSTALLATIONS COMPATIBLE USE ZONES
(AICUZ)
7
WHEREAS,
on December 9,
2003,
the City Council
8
established the Task Force on Land Use in Air Installations
9
Compatible Use Zones (AICUZ) and charged it wi th the duty
10
to "work cooperatively wi th the Navy, the Depa.rtment of
11
Defense, the Congress of the United States, and other
12
components of the Uni ted States Government a.t the highest
13
possible levels to reach mutually acceptable and beneficial
14
solutions by which reasonable development opportunities
15
within the City may be maintained without adversely
16
affecting flight operations or compromising the Navy's
17
mission;" and
18
WHEREAS,
in accomplishing this task,
one of the
19
specific responsibilities given the Task Force was to
20
develop interim policies governing applications for land
21
development which the Navy feels would be incompatible with
22
flight operations; and
23
WHEREAS, the Task Force has developed the aforesaid
24
interim policies, which are set forth hereinbelow and in
25
the
attached
document
entitled
"Interim
Guidelines
26
27
28
29
30
31
32
Governing Applications for Development in Air Installations
Compatible Use Zones (AICUZ);"
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby adopts the Interim
Guidelines Governing Applications for Development in Air
Installations Compatible Use Zones (AICUZ), as hereinafter
33 set forth:
34 Interim Guidelines Governing Applications for Development in Air
35 Installations Compatible Use Zones (AICUZ)
36
37
38
39
40
41
42
43
44
45
46
47
48
1.
Purpose.
The City of Virginia Beach has agreed to engage wi th
the Navy in a Joint Land Use Study (JLUS) to resolve
conflicts between development and jet aircraft operations
near NAS Oceana .
This agreement necessitates a careful
balance between the City's commitment to act in a timely
manner on land use proposals in the affected area and the
City's commitment to partner with the Navy to carefully and
comprehensively' work toward a mutually acceptable land use
solution.
It is reasonably anticipated that the JLUS
effort will take at least six (6) months and perhaps a year
to complete, such that this passage of time will work
against the i.nterests of those citizens seeking quick
2
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
resolution to their land use issues. Accordingly, the City
Council of the City of Virginia Beach sets forth these
interim guidelines intended to move forward, for resolution
on their merits, those rezoning and conditional use permit
requests that are impacted by the AICUZ program but whose
impact is not deemed detrimental to the desired balance to
be struck through the JLUS effort.
2 . Application.
(a) These guidelines govern the procedural aspects of
discretionary development applications (i. e., applications
for rezonings, conditional zonings and conditional use
permits requiring hearing by the City Council and Planning
Commission)
pertaining to property located wholly or
partially within an Air Installations Compatible Use Zone
(AICUZ), except for those applications which have been
filed with the Department of Planning as of February 3,
2004.
(b) These guidelines do not apply to the review of
subdivision plats, site plans or other forms of review of
proposed developments
not requiring
the approval of the
City
Council
nor
to applications
for discretionary
approvals on property entirely outside of an AICUZ area.
3
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
3.
Guidelines..
(a) Infill development on tracts or parcels of less
than ten (10) acres, where all of the following conditions
are present should be considered by the Planning Commission
and City Council in the normal course and should be decided
on the merits of the application:
(1) the existing zoning
is unreasonable; (2) the requested action would give rise
to development substantially similar to that on surrounding
properties;
and
(3)
the requested use is the least
intensive
necessary
to
achieve
consistency with
the
surrounding properties.
(b) Development proposals for property wholly or
partially located in AICUZ areas and not meeting the
criteria set forth in subsection (3) (a) above should be
considered by the Planning Commission and City Council in
the normal course and should be decided on the meri ts of
the application where all of the following conditions are
present:
(1)
the property is not located, wholly or
partially, within an Accident Potential Zone;
(2 ) the
development proposal represents
the lowest reasonable
density or intensity for the property, given its location
and surrounding land uses; (3) the property is not located,
wholly or partially, within a noise zone greater than 70 dB
4
100
101
102
103
104
105
95
Ldn (except where the uses proposed are deemed compatible
96
with their location in such noise zone pursuant to Section
97
221.1
of
the City Zoning Ordinance);
and
(4)
all
98
appropriate noise attenuation measures specified by Section
99
221.1 of the City Zoning Ordinance are provided.
(c) All other applications should be deferred by the
Planning Commission or City Council, as the case may be,
pending completion of the Joint Land Use Study.
Adopted by the Council of the City of Virginia Beach,
Virginia,
the
day
o f February
2004.
on
10th
CA-9110
H:\OID\ordres\interimAICUZ guidelinesres.doc
R-1
February 3, 2004
APPROVED AS TO CONTENT:
Planning Department
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
5
_. ...... '___W" , ,
Interim Guidelines Governing Applications for Development
in Air Installations Compatible Use Zones (AICUZ)
1. Purpose.
The City of Virginia Beach has agreed to engage with the Navy in a Joint Land
Use Study (JLUS) to resolve conflicts between development and jet aircraft operations
near NAS Oceana. This agreement necessitates a careful balance between the City's
commitment to act in a timely manner on land use proposals in the affected area and the
City's commitment to partner with the Navy to carefully and comprehensively work
toward a mutually acceptable land use solution. It is reasonably anticipated that the
JLUS effort will take at least six (6) months and perhaps a year to complete, such that this
passage of time will work against the interests of those citizens seeking quick resolution
to their land use issues. Accordingly, the City Council of the City of Virginia Beach sets
forth these interim guidelines intended to move forward, for resolution on their merits,
those rezoning and conditional use permit requests that are impacted by the AICUZ
program but whose im_pact is not deemed detrimental to the desired balance to be struck
through the JLUS eff0l1.
2. Application.
(a) These guidelines govern the procedural aspects of discretionary
development applications (i.e., applications for rezonings, conditional zonings and
conditional use permits requiring hearing by the City Council and Planning Commission)
pertaining to property located wholly or partially within an Air Installations Compatible
Use Zone (AICUZ), except for those applications which have been filed with the
Department of Planning as of February 3,2004.
(b) These guidelines do not apply to the review of subdivision plats, site plans
or other forms of review of proposed developments not requiring the approval of the City
Council nor to applications for discretionary approvals on property entirely outside of an
AICUZ area.
3. Guidelines.
(a) Infill development on tracts or parcels of less than ten (10) acres, where all
of the following conditions are present should be considered by the Planning Commission
and City Council in the normal course and should be decided on the merits of the
application: (1) the existing zoning is unreasonable; (2) the requested action would give
rise to development substantially similar to that on surrounding properties; and (3) the
requested use is the least intensive necessary to achieve consistency with the surrounding
properties.
(b) Development proposals for property wholly or partially located in AICUZ
areas and not meeting the criteria set forth in subsection (3) (a) above should be
considered by the Planning Commission and City Council in the normal course and
"'.~-""..~.~_-.-
-'....,,,,- . ,
should be decided on the merits of the application where all of the following conditions
are present: (1) the property is not located, wholly or partially, within an Accident
Potential Zone; (2) the development proposal represents the lowest reasonable density or
intensity for the property, given its location and surrounding land uses; (3) the property is
not located, wholly or partially, within a noise zone greater than 70 dB Ldn (except
where the uses proposed are deemed compatible with their location in such noise zone
pursuant to Section 221.1 of the City Zoning Ordinance); and (4) all appropriate noise
attenuation measures specified by Section 221.1 of the City Zoning Ordinance are
provided.
(c) All other applications should be deferred by the Planning Commission or
City Council, as the case may be, pending completion of the Joint Land Use Study.
- 32-
Item V-I. 5.
RESOLUTIONS/ORDINANCE
ITEM # 52224
Upon motion by Vice Mayor Jones,. seconded by Councilman Reeve, City Council ADOPTED:
Resolution in support of efforts to bring Major League baseball to the
Hampton Roads Area.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 10,2004
Requested by Councilmembers Ron Villanueva, Richard Maddox, and
Jim Reeve
1
2
3
4
5
A RESOLUTION IN SUPPORT OF
EFFORTS TO BRING MAJOR LEAGUE
BASEBALL TO THE HAMPTON ROADS
}\REA
6
WHEREAS, the ci ti zens of the Hampton Roads area are
7 bonded together by years of mutual support, as well as their
8 appreciation of outdoor recreation and sporting activities, and
9
especially
their
enthusiasm for
the
national
pastime
of
10 baseball.
11 WHEREAS, the Montreal Expos franchise is currently for
12 sale, and the Hampton Roads area is the largest population
13 center in the United States without a professional sports
14 franchise;
15
WHEREAS, the Major League Baseball franchise would
16 bring hundreds of millions of dollars of revenue deriving from
17 payroll, construction and tourism, and incalculable exci tement
18 to the entire region;
19
WHEREAS,
the Virginia
Baseball
Stadium Authority
20 allows state taxes generated from the stadium site to be rebated
21 to the Stadium Authority to sell bonds for stadium construction;
22
WHEREAS, our neighbors and colleagues in the Ci ty of
23 Norfolk have rallied behind the effort to bring a Maj or League
24 Baseball franchise to the Hampton Roads area;
t.-.---...........-
25
WHEREAS, Major League Baseball has recognized the
26 efforts of the Mayor and Council of the City of Norfolk, the
27 Hampton Roads Partnership and the Norfolk Baseball Company by
28 sending a si te selection cornrni ttee to the area in consideration
29 of the bid;
30
WHEREAS, the Ci ty of Virginia Beach and the Ci ty of
31 Norfolk have a history of successful partnerships; and
32
WHEREAS, the establishment of a Major League Baseball
33 franchise will create a new era of partnership and cooperation
34 between these cities.
35
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
36 CITY OF VIRGINIA BEACH, VIRGINIA:
37 That the Council extends to its colleagues in the City
38 of Norfolk, the Hampton Roads Partnership, the Norfolk Baseball
39 Company, and all those involved in this effort its sincere best
40 wishes and whole-hearted support in their goal of acquiring the
41 Montreal Expos and bringing a professional sports franchise to
42 our region.
43
44
45
Adopted by the Council of the City of Virginia Beach,
day
of Feburary
2004.
Virginia,
on
the 10th
2
"'~------
CA-9113
GG/ordres/baseballres.doc
R-3
February 5, 2004
...."..,.-..................-
APPROVED AS TO LEGAL SUFFICIENCY:
/
f ("----" -"
l/1t~,/l }, ))--c.v--- '7./
City Attorney's Office / v
3
- 33-
Item V-I.6.
RESOLUTIONS/ORDINANCE
ITEM # 52225
William Bailey, 4841 Rosecroft Street, Phone: 495-0637, President - Virginia Beach Professional Firefighters,
requested DEFERRAL. The Firefighters are not in opposition to the FEMA Grant, but are in opposition to
the Transfer of $3675,556 from the excessive salary fund.
Upon motion by Vice Mayor Jones, seconded by Councilman Diezel, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $465,399 from the Federal
Emergency Management Agency (FEMA),APPROPRIATE $153,817 in the
fire programs fund balance and TRANSFER $365,556 within the Fire
Department's FY 2003-04 operating budget for replacement of breathing
apparatus
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, lMargaret L. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 10,2004
.. .....-- 1
1
2
3
4
5
6
7
8
9
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$465,399 FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY, APPROPRIATE $153,817
IN FIRE PROGRAMS FUND BALANCE AND
TRANSFER $356,556 WITHIN THE FIRE
DEPARTMENT' 2. FY 2003-04 OPERATING BUDGET
FOR REPLACEMENT OF BREATHING APPARATUS
WHEREAS,
the Federal Emergency Management
Agency
has
10 approved grant funds for the replacement of breathing apparatus
11 components, and the Fire Department has recently discovered a
12 defect in the current breathing apparatus air cylinders that
13 necessitates replacement.
14
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, Virginia:
16
1 .
That $465,399 lS hereby accepted from the Federal
17
Emergency Management Agency and appropriated to the
18
Fire Department's FY 2003-04 Operating Budget for
19
purchasing
breathing
apparatus
components
and
20
cylinders.
21
2 .
That $153,817 in Fire Programs Fund Balance is hereby
22
appropriated to the Fire Department's FY 2003-04
23
Operating Budget for purchasing breathing apparatus
24
components and cylinders.
25
3.
That $356,556 is hereby transferred within the Fire
26
Department's FY 2003-04 Operating Budget to provide
27
the required 30% grant match of $199,456 and the
T ".. a..-a
28
remaining funds needed to complete the replacement of
29
breathing apparatus components and cylinders.
30
4 .
That federal revenue in the FY 2003-04 Operating
31
Budget is hereby increased by $465,399.
32
Adopted by the Council of the City of Virginia Beach,
33
Virginia on the
1 ath
February
, 2004.
day of
CA-9095
Ordin/Noncode/Fire Act Ord.doc
R-3
January 29, 2004
Approved as to Content
Approved as to Legal
Sufficiency
Management Services
2
,J/:
Office
Panel Review
Page 2 of 8
Federal Emergency Management Agency
Washington, D.C. 20472
Mr. Randy Journigan
City of Virginia Beach
Municipal Center-Building 21
Virginia Beach, Virginia 23456-9065
Re: Grant No.EMW-2003-FG-16678
Dear Mr. Journigan:
Congratulations. Your grant application submitted to the Emergency Preparedness & Response Directorate
(EP&R/FEMA of DHS) for the FY03 Assistance to Firefighters Grant Program in the program area of Fire
Operations and Firefighter Safety has been approved. The approved project costs amount to $664,855.00. The
Federal share is 70 percent or $465,399.00 of the approved amount and your share of the costs is 30 percent or
$199,456.00.
As part of your award package, you will find EP&R's grant Agreement Articles. Please make sure you read and
understand the Articles as they outline the terms and conditions of your grant award. Maintain a copy of these
documents for your official file. You establish acceptance of the Grant and EP&R's grant Agreement
Articles when you request and receive any of the Federal grant funds awarded to you.
For your convenience, we will have an on-line system that will accept payment requests. The first step to
request your grant funds is to ensure that EP&R has your correct direct deposit information on-line. Please log
onto httos://portal.fema.gov/ using your userid and password and confirm the direct deposit information. Once
you have confirmed your direct deposit information, print a copy of it by clicking the Print SF 1199A button on the
screen. Sign the form and take it to your bank to complete the bottom portion. Please write your grant number
on the top of your SF 1199A before mailing it to EP&R. Once your bank has completed and signed the form,
mail it by priority mail, with the original signatures, to the address below:
Emergency Preparedness and Response Directorate (EP&A)
Financial & Acquisition Management Division
Grants Management Branch
Attn: Assistance to Firefighters Grant Program
500 C Street, SW, Room 334
Washington, D.C. -20472
If you currently have Assistance to Firefighters Grant with EP&R and your direct deposit information has not
changed, you do not need to resubmit that information. If your direct deposit information has changed, please
follow the detailed instructions in the preceding paragraph.
The second step will be to request your grant funds. Grant funds should be requested to meet your immediate
needs and should therefore be requested as close as possible to the time that you will actually spend the funds.
If you have any questions or concerns regarding the process to request your grant funds, please contact your
Grants Management Specialist, Arlyce Powell at 202-646-3973.
Sincerely,
bttns:! !nnrtaLfema.\?ov IfireQ:rantliw/fire adminl awardsl spec/vi~\Y.=~~~~s!.-,-J2,~~.~~R~.'~o ?agre... 1/12/2004
Panel Review
Page 3 of 8
_:::;?,~r;. if. ..
..,,~7. 7f:f;.... if.~..o'.'" ..L.,,;..I ....}...:'11/r)6~.t6L
r/ ("C ?tin <,c~ /' . /~. .. ,.
Patricia A. English
Senior Procurement Executive
https:/ /portal.fema.gov/firegrantfjsp/fire_admin/awards/spec/view _award_package.do ?agre... 1/12/2004
~".... "'~,., '''_...._...~....'~_"........._~ ...... _....."'.,...,....,._.."._........................"i"'Il' _T ' pq- V~ -<:f~"'l' -',.............__.~_....'...._.
Panel Review
Page 4 of 8
Agreement Articles
Federal Emergency Management Agency
Washington, D.C. 20472
AGREEMENT ARTICLES
ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM
GRANTEE: City of Virginia Beach
PROGRAM: Fire Operations and Firefighter Safety
AMENDMENT NUMBER:
AGREEMENT NUMBER: EMW-2003-FG-16678
Article I
Article II
Article "I
Article IV
Article V
Article VI
Article VII
Article VII I
Article IX
Article X
Article XI
Article XII
Article I - Project Description
TABLE OF CONTENTS
Project Description
Grantee Concurrence
Period of Performance
Amount Awarded
Requests for Advances or Reimbursements
Budget Changes
Financial Reporting
Performance Reports
FEMA Officials
Other Terms and Conditions
General Provisions
Audit Requirements
The grantee shall perform the work described in the approved grant application's program narrative. That
narrative is made a part of these grant agreement articles by reference. The purpose of the Assistance to
Firefighters Grant Program is to protect the health and safety of the public and firefighting personnel against fire
and fire-related hazards. After careful consideration, FEMA has determined that the grantee's project, as
detailed in submitted project narrative and budget information, submitted as part of the grantee's application
(and considered part of this agreement by reference), was consistent with the program's purpose and worthy of
award. As such, any deviation from the approved program narrative must have prior written approval from
FEMA. Please contact your Grants Management Specialist if you are seeking a deviation from the approved
program narrative.
Article II - Grantee Concurrence
https:/ /portal.fema.gov/firegrantfjsp/fire_admin/awards/spec/view _award_package. do ?agre... 1/ 12/2004
Panel Review
Page 5 of 8
By requesting and receiving Federal grant funds provided by this grant program, the grantee accepts and agrees
to abide by the terms and conditions of the grant as set forth in this document and the documents identified
below. All documents submitted as part of the application are made a part of this agreement by reference.
Article III - Period of Performance
The period of pertormance (grant period) shall be from 01-FEB-04 to 31-JAN-05.
The grant funds are available to the grantee for obligation only during the period of pertormance of the grant
award. The grantee is not authorized to incur new obligations after the expiration date unless the grantee has
requested, and FEMA has approved" a new expiration date. The grantee has 90 days after period of
pertormance to incur costs associated with closeout or to pay for obligations incurred during period of
performance. Award expenditures are for the purposes detailed in the approved grant application only. The
grantee cannot transfer funds to othHr agencies or departments without prior written approval from FEMA.
Article IV - Amount Awarded
The amount of the award is detailed on the Obligating Document(76-10A) for Award attached to these articles.
Following are the budgeted estimates for object classes for this grant (including Federal share plus grantee
match) :
Personnel $0.00
Fringe Benefits $0.00
Travel $0.00
Equipment $638,155.00
Supplies $0.00
Contractual $26,700.00
Construction $0.00
Other $0.00
Indirect Charges $0.00
Total $664,855.00
Article V - Requests for Advances or Reimbursements
Grant payments under the Assistance to Firefighter Grant Program are made on an advance or reimbursable
basis for immediate cash needs. When the grantee needs grant funds, the grantee fills out the on-line Request
for Advance or Reimbursement, after completing the SF 1199A, Direct Deposit Form, on-line.
Payments under this grant program are made via direct deposit, therefore before a payment is made, grantees
must confirm their on-line Direct Deposit information, print a copy, sign it and mail (with an original signature) the
hardcopy to FEMA by priority mail to at the following address:
Department of Homeland Security
Emergency Preparedness and Response Directorate (FEMA)
Grants Management Branch
500 C Street, SW, Room 350
Washington, DC 20472
Attn: Assistance to Firefighters Grant Program
Article VI - Budget Changes
Generally, changes in the budget-line items are permitted, as long as the original program narrative is
https:/ /portal.fema.gov /firegrant(isp/fire_admin/awards/spec/view _award_package.do ?agre... 1/12/2004
Panel Review
Page 6 of 8
accomplished. The only exception to this provision is for grants where the Federal share is in excess of
$100,000.00. In grants where the Federal share exceeds $100,000.00, the budgeted line items can be changed,
but if the cumulative changes exceed ten (10) percent of the total budget, FEMA must approve those changes.
Please submit a request for an amendment through the on-line system by clicking the Grants Management
option and selecting the option for amendment requests.
Article VII - Financial Reporting
The Request for Advance or Reimbursement mentioned above will also be used for interim financial reporting
purposes. At the end of the performance period, or upon completion of the grantee's program narrative, the
grantee must complete, on-line, a final financial report that is required to close out the grant. The Financial
Status Report is due within 90 days after the end of the performance period.
Article VIII - Performance Reports
The grantee must submit a semi-annual and a final performance report to FEMA. The final performance report
should provide a short narrative on what the grantee accomplished with the grant funds and any benefits derived
there from. The semi-annual report is due six months after the award date. Please log into the firegrants system
when your department is eligible to submit a semi-annual performance report.
Article IX - FEMA Officials
Program Officer: Brian A. Cowan, Chief of the Grants Program Office, is the Program Officer for this grant
program. The Program Officer is responsible for the technical monitoring of the stages of work and technical
performance of the activities described in the approved grant application.
Grants Assistance Officer: Richard Goodman, Chief of the Grants Management Branch, or Sylvia A. Carroll,
Grants Management Specialist, is the Assistance Officer for this grant program. The Assistance Officer is the
Federal official responsible for negotiating, administering, and executing all grant business matters.
Grants Management Specialist: Arlyce Powell 202-646-3973 is the Grants Management Specialist for this
grant award and shall be contacted for all financial and administrative grant business matters.
Article X - Other Terms and Conditions
A. Pre-award costs directly applicable to the awarded grant are allowable if approved in writing by the FEMA
program official prior to the award and after the close of the application period.
B. The grantee agrees to maintain their operating expenditures in the funded grant category during the period of
performance at a level equal to or greater than the average of their operating expenditures in the two fiscal years
preceding the fiscal year in which assistance is awarded.
C. The grantee agrees to provide information to the National Fire Incident Reporting System for the period
covered by the grant.
D. The grantee agrees to complete timely closeout of the grant.
E. The grantee agrees to keep an official grant file, maintaining copies of all actions taken on the grant from
application through to closeout for a period of three years after the official grant closeout date.
Article XI - General Provisions
The following are hereby incorporated into this agreement by reference:
44 CFR, Emergency Management and Assistance
https:/ /portal.fema.gov/firegrant(jsp/fire_admin/awards/spec/view _award_package. do ?agre... 1/ 12/2004
Panel Review
Page 7 of ~
Part 17
Nondiscrimination in Federally-Assisted Programs
Uniform administrative requirements for grants and cooperative
agreements to state and local governments
Government-wide Debarment and Suspension (Non-procurement)
and Government-wide Requirements for Drug-free Workplace
(Grants)
New Restrictions on Lobbying
Part 7
Part 13
Part 18
31 CFR 205.6 Funding Techniques
OMS Circular A-122 Cost Principles for Non-Profit Organizations
OMS Circular A- Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher
110 Education, Hospitals, and Other NonProfit Organizations Assistance to Firefighters Grant
Application and Assurances contained therein.
Article XII- Audit Requirements
All grantees must follow the audit requirements of OMS Circular A-133, Audits of States, Local Governments,
and Non-Profit Organizations. The main requirement of this OMS Circular is that grantees that expend
$300,000.00 or more in Federal funds (from all Federal sources) must have a single audit performed in
accordance with the circular.
As a condition of receiving funding under this grant program, you must agree to maintain grant files and
supporting documentation for three years after the conclusion of the grant. You must also agree to make your
grant files, books, and records available for an audit by FEMA, the General Accounting Office (GAD), or their
duly authorized representatives to assess the accomplishments of the grant program or to ensure compliance
with any requirement of the grant program.
Additional Requirements if applicable
This grant award was reduced by $ '166,280. The approved amount for SCBA's is $1,176 reduced by 100 and
$230 for face pieces reduced by 214 in the initial application. The reduction has already been made in the grant
award and in the application as approved by the grantee (Chief Randy Journigan) via email on December 9,
2003. The total project cost was reduced per the program office comments from $831,675 to $664,885. The
federal share was reduced from $582,173 to $465,399. The applicant share was reduced from $249,502 to
$199,456.
https:/ /portal.fema.gov/firegrantljsp/fire _admin/awards/spec/view _award_package.do ?agre... 1/12/2004
Panel Review
1a. AGREEMENT NO.
EMW-2003-FG-16678
6. RECIPIENT NAME AND
ADDRESS
City of Virginia Beach
Municipal Center-Building 21
Va, Beach
Virginia, 23456-9065
9. NAME OF RECIPIENT
PROJECT OFFICER
Randy Journigan
11. EFFECTIVE DATE OF
THIS ACTION
01-FEB-04
.page ~ or ~
FEDERAL EMERGENCY MANAGEMENT AGENCY
OBLIGATING DOCUMENT FOR AWARD/AMENDMENT
2. AMENDMENT 3. RECIPIENT NO. 4. TYPE OF 5. CONTROL NO.
NO. 54-0722061 ACTION W358175N
o AWARD
7. ISSUING FEMA OFFICE AND ADDRESS 8. PAYMENT OFFICE AND ADDRESS
FEMA/Financial and Grants Management FEMA/Financial Services Branch
Division 500 C Street, S.W., Room 723
500 C Street, S.W., Room 350 Washington DC, 20472
Washington DC, 20472
Specialist:Arlyce Powell 202-646-3973
PHONE NO. 10. NAME OF FEMA PROJECT COORDINATOR PHONE NO.
757 -427 -81 :37 Brian Cowan (202) 646-2821
12. METHOD OF
PAYMENT
SF-270
13. ASSISTANCE ARRANGEMENT
Cost Sharing
14. PERFORMANCE PERIOD
~~om:01-FEB- To:31-JAN-05
Budget Period
~~om:01-0CT- To:30-SEP-04
PROGRAM
NAME
ACRONYM
CFDA NO.
15. DESCRIPTION OF ACTION
a. (Indicate funding data for awards or financial changes)
AFG
83.554
ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMMULATIVE
(AACS CODE) TOTAL AWARDED THIS TOTAL AWARD NON-
XXXX-XXX -XXXXXX -XXXXX- AWARD ACTION FEDERAL
XXXX-XXXX-X + OR (-) COMMITMENT
2004-57 -641 ORA-6321 0000- $0.00 $465,399.00 $465,399.00 $199,456.00
4101-D
TOTALS $0.00 $465,399.00 $465,399.00 $199,456.00
b. To describe changes other than funding data or financial changes. attach schedule and check here.
N/A
16 a. FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT
TO FEMA (See Block 7 for address)
Assistance to Firefighters Grant Program recipients are not required to sign and return copies of this document. However, recipients should
print and keep a copy of this document for their records.
16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN
This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited
above.
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title)
N/A
18. FEMA SIGNATORY OFFICIAL (Name and Title)
Richard Goodman
. ':G'o:J~ack. ,I
DATE
N/A
DATE
23-DEC-03
https:/ /portal.fema.gov/firegrantfisp/fire _admin/awards/spec/view _award_package. do ?agre... 1/12/2004
- 34-
Item V-I. 7.
RESOLUTIONS/ORDINANCE
ITEM # 52226
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Resolution expressing support for honoring the Nation's Military
by scheduling a Military Appreciation Day on Memorial Day
Weekend, 2005.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 10,2004
1
2
3
4
5
A RESOLUTION EXPRESSING SUPPORT FOR
HONOEING THE NATION'S MILITARY BY
HAVING A MILITARY APPRECIATION DAY
ON MEMORIAL DAY WEEKEND, 2005
6
WHEREAS, for more than two centuries, the unflinching
7 bravery and willingness to serve of the men and women comprising
8 the nation's military have safeguarded the freedoms enjoyed by all
9 Americans; and
10
WHEREAS, nowhere are the nation's armed forces admired
11 and appreciated more than in Virginia Beach; and
12 WHEREAS, it is the sense of the City Council that that
13 admiration and appreciation should be fully and formally
14 demonstrated on Memorial Day Weekend;
15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
16 OF VIRGINIA BEACH, VIRGINIA:
17 First:
18 That the City Council hereby expresses its wholehearted
19 support for endeavoring to demonstrate its sincere appreciation of,
20
and admiration for,
our nation's military at a Military
21 Appreciation Day to be held on Memorial Day Weekend, 2005; and
22 Second:
23 That to that end, the City Manager is hereby directed to
24 work wi th the Navy League, the USO and the Chamber of Commerce to
25 provide all such support as may be necessary or appropriate to
26 bring to fruition such celebration of Military Appreciation Day on
27 Memorial Day Weekend, 2005.
28
29
Adopted by the Council of the City of Virginia Beach,
30 Virginia, on the 10th day of February, 2004.
CA-9125
H:\OID\ordres\rnilapprdayres
R-1
February 10, 2004
2
Item V-J
PLANNING
1. CAROL ANN PROPERTIES, INC.
2. F. DONALD REID
3. PAUL DANIEL BRENNEMA.N
4. LI'L ONES HOME DA Y CARE
5. HOME ASSOCIATES OF VIRGINIA, INC.
6. A. NEAL KELLUM
7. GS DEVELOPMENT, L.L.C.
8. JACK RABBIT SELF-STORAGE
~"""~".<~'~'-~-,
- 35 -
ITEM # 52227
SUBDIVISION VARIANCE
CONDITIONAL CHANGE OF
ZONING
VARIANCE
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL CHANGE OF
ZONING
CHANGE OF ZONING
CONDITIONAL USE PERMIT
MODIFICATION OF PROFFERS
(Conditional Zoning approved 12/10/02)
MODIFICATION OF CONDITIONS
(Conditional Use Permit approved
12/10/02)
MODIFICATION OF CONDITION 10
(Approved 9/25/01)
February 10,2004
- 36-
Item V-J.
PLANNING
ITEM # 52228
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED IN ONE
MOTION Items 1,3,5, 6, 7 and 8 of the PLANNING BY CONSENT AGENDA.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel,Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, RonA. Villanueva, Rosemary Wilson and James 1.. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Mayor Oberndorfand Council Lady McClanan will vote NAY on Item 1.5. (HOMEASSOCIATES)
February 10,2004
_......_-~----_.,_...'.._'~._......_~......---'''-' "
- 37-
Item V-J.l.
PLANNING
ITEM # 52229
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED Petition
for a Variance for CAROL ANN PROPERTIES, INC to '-~' 4.4(b) of the Subdivision Ordinance that
requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and allow
the property to subdivide into two lots.
Appeal to Decisions of Administrative Officers in regard to certain elements
of the Subdivision Ordinance, Subdivision for Carol Ann Properties, Inc.
Property is located at the southern terminus of Highland Drive,
approximately 400 feet south of Highland Court (GPIN 14841183620000).
DISTRICT 1 - CENTERVILLE
The following conditions shall be required:
1. The property shall be subdivided as shown on the plat entitled,
{{Subdivision of Lot 13 Highland Arcres, Phase Two" dated
August 12, 2003 by Midgette & Associates, P. C.
2. The width and surface material for the driveway serving Lot 4 shall
be subject to approval by the Fire Department. All residential
structures shall be within 500 feet of afire hydrant.
Voting:
11-0 (By Cons emU
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 10,2004
- 38-
Item V-J.2.
PLANNING
ITEM # 52230
Attorney R. E. Bourdon, Pembroke One Building, 51h Floor, Phone: 499-8971, represented the
applicant, F. Donald Reid and Harry A. Potter, owner of the 51-12 acre parcel subject of the Conditional
Zoning (North Landing Estate5). Attorney Bourdon wished his remarks during the December Second City
Council Formal Session be referenced in the record. All of the homes will be in the 70 - 74 Ldn Noise
Zone, as depicted in the 1999 AICUZ Map. None of these homes will be located in the 75 or above Ldn.
Ordinances amended in 1994, as per the request of the AD HOC Committee on AICUZ Zoning. The Navy's
Land Use Compatibility Table, is a principal planning tool Virginia Beach has adopted as part of the City
Zoning Ordinance. Mr. Bourdon distributed a Comparison of Projected (1999) and modeled (2000) DNL
Noise Contours at NAS Ocean a and NALF Fentress. All of the trails will be public access trails.
John Harris, 3660 Indian River Road, Phone: 427-6852, adjacent resident, spoke in SUPPORT
W. J. Lee, 357 Indian River Road, Phone: 427-6404
The following registered in OPPOSITION:
Captain Tom Keeley, Commanding Officer - Naval Air Station Oceana, 1750 Tomcat Boulevard,
Phone 433-3158, Phone: 433-2922 , advised the proposed project would be located 5-12 miles southwest of
Oceana and 3 miles north of Fentress in the 70 to 75 decible day/night average noise zone. The site is
directly aligned to Runway 5, one of the busiest runways. Several key flight pilots utilize this tract to navigate
to and from Oceana and Fentress. These residents will experience a high single event noise level.
Admiral Fred Metz, 805 Circuit Court, Phone: 481-3248
Kim Johnson, 4412 Reynolds Drive, Phone: 639-4968, represented CCAJN (Concerned Citizens Against
Jet Noise)
Hal Levenson, 2004 Brickell Court, Phone: 496-0745, represented CCAJN (Concerned Citizens Against
Jet Noise)
Herb Jones, 2323 Sandpiper Road, posed seven (7) questions
Upon motion by Councilman Reeve, seconded by Vice Mayor Jones, City Council APPROVED Ordinances
upon application ofF. DONALD REIDfor a Conditional Change of Zoning District Classification, Variance
to::,1) 4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the
City Zoning Ordinance (CZO), and Conditional Use Permit:
Appeal to Decisions of Administrative Officers in regard to certain elements
of the Subdivision Ordinance, Subdivision for F. Donald Reid. Property is
located at 3592 Indian River Road (GPIN 1483386300). DISTRICT 7 -
PRINCESS ANNE
February 10,2004
- 39-
Item V-J.2.
PLANNING
ITEM # 52230 (Continued)
The following conditions shall be required:
1. The subdivision shall substantially adhere to the submitted Exhibit
entitled CONCEPTUAL SITE LAYOUT PLAN OF POTTER
TRACT, VIRGINIA BEACH, VIRGINIA ", dated 05-06-03, prepared
by MSA, P. c., which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of
Planning.
AND,
ORDINANCE UPON APPLICATION OF F. DONALD REID FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG..1 AND
AG-2 TO CONDITIONAL R-20 Z02041176
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of F. Donald Reid for a Chanf!e of Zoning
District Classification from AG-1 and AG-2 Agricultural Districts to
Conditional R-20 Residential District on property located at 3592 Indian
River Road (GPIlIf 1483386300). The Comprehensive Plan recommends use
of this property for appropriate growth opportunities consistent with the
economic vitality policies of the City of Virginia Beach. DISTRICT 7 --
PRINCESS ANNE
The following condition shall be required:
1. An Agreement encompassing proffers shall be recorded with the
Clerk of Circuit Court.
AND,
ORDINANCE UPON APPLICATION OF F. DONALD REID FOR A
CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTION
R020431159
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application ofF. Donald Reid for a Conditional Use Permit
for Open Space Promotion on property located at 3592 Indian River Road
(GPIN 1483386300). DISTRICT 7 - PRINCESS ANNE
February 10,2004
"--,......._.....,..-~~-...-.......--....,..~...,...-.,..,-~--.
- 40-
Item V-J.2.
PLANNING
ITEM # 52230 (Continued)
The following conditions shall be required:
1. The proposed development shall substantially adhere to the
submitted Exhibit entitled "CONCEPTUAL SITE LA YOUT PLAN
OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA ", dated 05-
06-03, prepared by MSA, P. c., which has been exhibited to the
Virginia Beach City Council and is onfile with the Virginia Beach
Department ,of Planning.
2. Before any land disturbance occurs on the site, the applicant shall
submit a detailed tree protection and restoration plan to the
Development Services Center of the Planning Department for
review and approval. The plan shall clearly delineate vegetation
to be presenJed and all restoration area. Tree mitigation for the
restoration areas shall be 2: 1.
3. Residential lot tree canopy shall be double the total canopy cover
specified in the City of Virginia Beach's "Residential Tree
Requirement Table. "
4. For the purpose of screening the development from the existing
agricultural operations to the northwest, supplemental plantings of
evergreen trees shall be required along the boundaries of Lots 31
through 30 in the open space area adjacent to the parcel to the
west, ifneeded.
5. Right and left turn lanes shall be provided into the site. The design
and location are subject to the approval of the Public Works
Department.
6. The eight (8) foot mulched trails proposed on the eastern portion
of the site shall be modified to provide connectivity with the parcel
to the east.
7. A note shall be placed on the plat for Lots 31 to 40 as follows:
Lots 31 to 40 may be subject to sounds, odors and
other effects commonly associated with
agricultural operations. "
These Ordinances shall be effective in accordance with Section 107 (I) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of February, Two Thousand Four
February 10,2004
----~
- 41 -
Item V-J.2.
PLANNING ITEM # 52230 (Continued)
Voting: 8-3
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Richard A.
Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L.
Wood
Council Members Voting Nay:
Reba S. McClanan, Mayor Meyera E. Oberndorf and Rosemary Wilson
Council Members Absent:
None
February 10,2004
-' """...., .
FORM NO. P.S. 18
City e>f ""\.Tirgi:c-1ia l3each
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-5669
DATE: November 24, 2003
FROM:
Leslie L. Lilley
B. Kay Wilson~\})
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application
F. Donald Reid and Harry A. Potter
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on December 2,2003. I have reviewed the subject proffer agreement, dated
June 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
F. DONALD REID
HARRY A. POTTER
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 26th day of June, 2003, by and between F.
DONALD REID, Grantor, party of the first part; HARRY A. POTTER, Grantor, party of
the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of
the Commonwealth of Virginia, Grantee, party of the third part.
WITNESSETH:
WHEREAS, the party of the second part is the owner of a certain parcel of
property located in the Princess Anne District of the City of Virginia Beach, Virginia,
containing approximately 51.4 acres and described as "Parcel One" in Exhibit "A"
attached hereto and incorporated herein by this reference which parcel is herein
referred to as the "Property"; and
WHEREAS, the party of the f11"st part is contract purchaser of "Parcel One" has
initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,
Virginia, by petition addressed to the Grantee so as to change the Zoning
Classifications of the Property from AG-l and AG-2 to Conditional R-20 Residential
District with a Conditional Use Permit for Open Space Promotion; and
WHEREAS, the Grantee's policy is to provide only for the orderly development
of land for various purposes through zoning and other land development legislation;
and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the
area of the Property and at the same time to recognize the effects of change, and the
need for various types of uses, certain reasonable conditions governing the use of the
Property for the protection of the community that are not generally applicable to land
similarly zoned are needed to cope with the situation to which the Grantor's rezoning
PREPARED BY:
S n application gives rise; and
sa Yl{t:S. ISOURDON.
iWlAlImN & lM. P.c. GPIN: 1483-38-6300
--.
PREPARED BY:
I SVJ([S. ROUROON.
AIIrnN & LM. P.c.
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the R-20
Zoning District by the existing overall Zoning Ordinance, the following reasonable
conditions related to the physical development, operation, and use of the Property to
be adopted as a part of said amendment to the Zoning Map relative and applicable to
the Property, which has a reasonable relation to the rezoning and the need for which
is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal
representatives, .assigns, grantees, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the Grantee or its
governing body and without any element of compulsion or quid pro qUO for zoning,
rezoning, site plan, building permit, or subdivision approval, hereby makes the
following declaration of conditions and restrictions which shall restrict and govern
the physical development, operation, and use of the Property and hereby covenant
and agree that this declaration shall constitute covenants running with the Property,
which shall be binding upon the Property and upon all parties and persons claiming
under or through the Grantor, its successors, personal representatives, assigns,
grantee, and other successors in interest or title and which will not be required of the
Grantors until the: Property is developed:
1. When development takes place upon that portion of the Property which
is to be developed, it shall be as a single family residential community of no more
than forty-five (45) building lots substantially in conformance with the Exhibit
entitled "CONCEPTUAL SITE LAYOUT PLAN OF POTIER TRACT, VIRGINIA BEACH,
VIRGINIA", dated 05-06-03, prepared by MSA, P.C., which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning ("Concept Plan").
2. When the Property is developed, the pedestrian trail system and open
space improvements shall be constructed substantially as depicted on the Concept
Plan. Approximately 33.3 acres of landscaped parklands with pond features and an
extensive pedestrian trail system as depicted on the Concept Plan shall be dedicated
to and maintained by the Property Owners Association. A public use easement shall
..
2
be dedicated on those portions of the trail system located within the 300' Transition
Area Buffer adjacent to Indian River Road.
3. The community entrances and the proposed street section of the roads
within the comrnunity shall be constructed and installed substantially m
conformance with the detailed plans on the Concept Plan. Sidewalks shall be
provided on the main entrance road as depicted on the Concept Plan. Noon -street
parking shall be permitted on one side of every road within the community'.
4. When the Property is developed a left tum lane shall be constructed at
the entrance to the community from Indian River Road. A public right of way shall
be dedicated to the adjoining property to the east and the adjoining property' to the
north as depicted on the Concept Plan.
5. When the Property is subdivided it shall be subject to a recorded
Declaration of Protective Covenants, Conditions and Restrictions ("Deed
Restrictions") administered by a Property Owners Association which shall be
responsible for maintaining all open space areas, including the community' owned
parklands, pedestrian trail, and the entrance features.
6. All residential dwellings constructed on the Property' shall have visible
exterior surfaces, excluding roof, trim, windows, and doors, which is no less than
eighty percent (801%) brick, stone, stucco or similar quality materials. Anyone story
dwelling shall contain no less than 2400 square feet of enclosed living area excluding
garage area and any two-story dwelling shall contain no less than 2600 square feet
of enclosed living ,area excluding garage area. The front yards of all homes shall be
sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a
two (2) car garage and a driveway (including apron) with a minimum of four hundred
ninety (490) square feet of hardened surface area.
7. When the Property is developed, every reasonable effort will be made to
preserve the existing mature trees on the site and a tree preservation and restoration
plan shall be submitted to the Grantee for review along with the Preliminary
Subdivision Plan.
PREPARED BY: 8. The Grantor recognlZes that the subject site is located within the
BBSYiIS. ROUROON. Transition Area identified in the Comprehensive Plan of the City of Virginia Beach,
m MlmN & LM. P.c.
adopted on November 4, 1997. The Comprehensive Plan states that development
3
.._'_............_..........-_____~..._--~..,...P
PREPARED BY:
II svn:s. ROURDON.
. Am:RN & lm.P.c.
taking place in this area should support the primary purpose of advancing open
space and recreational uses. In addition to committing over sixty-four percent (640/0)
of the Property to open space preservation, via the dedication of approximately thirty-
three and three-tenths (33.3:1:) acres of the Property to the Property Owners
Association as permanent open space the Grantor agrees to contribute the sum of
Seven Hundred Fifty Dollars ($750.00) per lot to Grantee to be utilized by the
Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors
Plan. If the funds proffered by the Grantor in this paragraph are not used by the
Grantee anytime within the next twenty (20) years for the purpose for which they are
proffered, then any funds paid and unused may be used by the Grantee for any other
public purpose. Grantor agrees to make payment for each residential lot shown on
any subdivision plat prior to recordation of that plat.
9. Further conditions may be required by the Grantee during detailed Site
Plan and/ or Subdivision review and administration of applicable City codes by all
cognizant City agencies and departments to meet all applicable City code
requirements. Any references hereinabove to the R-20 Zoning District and to the
requirements and regulations applicable thereto refer to the Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date
of approval of this Agreement by City Council, which are by this reference
incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning
of the Property and specifically repeals such conditions. Such conditions shall
continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the Grantee in writing
as evidenced by .a certified copy of an ordinance or a resolution adopted by the
4
. .'~""..".^'-"':"".'."'.-""'--I
PREPARED BY:
lIB SVU:S. ROURDON.
lID Am:RN & LM. r.c
governing body of the Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,
1950, as amended. Said ordinance or resolution shall be recorded along with said
instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantor covenants and agrees that:
( 1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the governing body of the City of
Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any noncompliance
with such conditions be remedied; and (b) to bring legal action or suit to insure
compliance with :such conditions, including mandatory or prohibitory injunction,
abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause
to deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning Department,
and they shall be recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee.
5
PREPARED BY:
I SYl([S. ROVRDON.
AII[RN & lM. P.c.
WITNESS the following signature and seal:
GRANTOR:
_...._-~'...\ -, ( /,' ~-;) .., // (SEAL)
-2\ '-' ("~_., ._1....____ ~~__1'.
F. Donald Reid
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 7th day of July,
2003, by F. Donald Reid, Grantor.
'- if:.. /? j , -,',", /')
_,' '" .v /, " /~, ,t-/ 1_ / i,-.. ',<..
/ ,-- y;. ,.'~ '-:7'1. I ,j ~ I / : /~f,/ ';:'y,'(' ;''''
Notary Public
My Commission Expires: August 31,2006
6
PREPARED BY:
II SYl([S. ROURDON.
AHmN & LM. P.c.
WITNESS the following signature and seal:
(/~SEAL)
STATE OF FLORIDA
CITY /COUNTY OF Manatee
, to-wit:
The foregoing instrument was acknowledged before me this 7 th day of
LTnl y , 2003, by Harry A. Potter.
/ ~.- .. ,"
/2--/ -' .. " // ..' .___/1
~0~Z~ (w(?/dri;-
. Kathryn A. Seider
My Commission Expires: 9/19/05
~ KATHRYN A. SEIDER
~ Notary Public, State of Florida
My comm. expires Sept. 19,2005
Comm. No. 00058821
Bonded Thru Service Insurance Company. Inc.
7
."_...u...~__............_~~~____..........,,,,,*,,,,_,,,
EXHmIT "All
PARCEL ONE:
All that certain tract of land located in the Princess Anne Borough of the City of
Virginia Beach, Virginia, marked Harry A. Potter 50.42 AC", as shown on a certain
plat entitled "Survey of Property of George W. Bratten, Jr., et aI, W.B. 35 P. 374,
Harry A. Potter D.B. 663 p. 598, Princess Anne Borough, Virginia Beach, Va." Made
I by Gallup Surveying, Ltd., dated May 28, 1974, and revised September 28, 1979,
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach.
Virginia, in Map Book 144, page 10, and being more particularly described as
follows:
Beginning at a pin in the north side of Indian River Road at the dividing line between
the Harry A. Potter and Edmonds tracts as shown on said plat, and from said point
of beginning running N 56 degrees 10 minutes 33 seconds W, along the north side of
said road, a distance of 980.90 feet to a point; thence continuing along the north side
i of said road in a radial arc with a radius of 373.89 feet a distance of 188.21 feet to a
point; thence continuing along the north side of said road N 27 degrees 20 minutes
03 seconds W a distance of 323.51 feet to a point; thence running N 60 degrees 57
minutes 21 seconds E a distance of 1044.49 feet to a pin; thence running N 27
degrees 20 minutes 03 seconds W a distance of 208.70 feet to a pin; thence running
N 62 degrees 32 lminutes 08 seconds E a distance of 783.92 feet to a poplar; thence
running S 24 degrees 50 minutes 53 seconds W a distance of 935 feet to a pin;
thence running S 61 degrees 32 minutes 33 seconds E a distance of 1125.31 feet to '
a pipe; thence running N 28 degrees 14 minutes 07 seconds E along a ditch a
distance of 187.22 feet to a point; thence running S 64 degrees 44 minutes 06
seconds E a distance of 632.60 feet to a pipe; thence running S 64 degrees 13
minutes 52 seconds W a distance of 932.04 feet to a pin; thence running S 89
degrees 46 minutes 08 seconds W a distance of 75 feet to a pin; thence running S 86
degrees 43 minutes 52 seconds W a distance of 379.50 feet to a pin; thence running
S 74 degrees 13 minutes 52 seconds W a distance of 404.61 feet to a pin, the point of
beginning
PARCEL TWO:
All that certain tract of land located in the City of Virginia Beach, Virginia formerly
Seaboard Magisterial District, Princess Anne County, Virginia, lying north of the
Indian River Turnpike, containing Forty-five (45) acres, more of less, out of a tract of
seventy-nine (79) acres, as shown by plat of the same recorded in Map Book 10 page
90, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia.
Said tract being bounded on the North, by Salem Public Road; on the East, by the
property now formerly Sam Snowden; on the South by the Indian River Tumpike and
on the West, by the property now or formerly Bratten and Sawyer.
GPIN: 1483-38-6300
PREPARED BV:
I SVUS. ROURDON. CONDREZONE/REID/PROFFER.3
AIIrnN & Lm. P.c. REV.6j26j03
8
- 42-
Item V-J.3.
PLANNING
ITEM # 52231
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance
upon application of PAUL DANIEL BRENNEMAN re Conditional Use Permit:
ORDINANCE UPON APPLICATION OF PAUL DANIEL BRENNEMAN
FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL KENNEL
R020431160
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Paul Daniel Brenneman for a Conditional
Use Permit for a commercial kennel on property located at 3661 North
Landing Road (GPIN 14836672080000). DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. No more than fifteen (15) adult dogs (over six (6) months of age)
shall be kept on the property at any time.
2. The applicant shall comply with Section 223 of the Zoning
Ordinance
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of February, Two Thousand Four
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, .Margaret 1.. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1..
Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 10,2004
,.,....,~.~ -4lo---
- 43-
Item V-J.4.
PLANNING
ITEM # 52232
Annabelle Launder, the applicant, represented herself and advised hours of operations are 6:30 A.M. to 6:00
P.M. (Monday through Friday). All ten (10) children will not be in the house at the same time. Height of
the fence shall be six (6') feet.
Upon motion by Council Lady JVilson, seconded by Councilman Maddox, City Council ADOPTED an
Ordinance upon Application of LI'L ONES HOME DA Y CARE for a Conditional Use Permit :
ORDINANCE UPON APPLICATION OF L/'L ONES HOME DAY CARE
FOR A CONDI110NAL USE PERMIT FOR A FAMILY CARE HOME
(HOME DAY CARE) R020431161
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Li 'I Ones Home Day Care for a Conditional
Use Permit for a family care home (home day care) on property located at
2038 Lyndora Road (GPIN 14659194430000). DISTRICT 1 --
CENTERVILLE
The following conditions shall be required:
1. The home daycare shall be limited to a total of ten (J 0) children
other than children living in the home. There shall be no more
than jive (5) children under the age of 2- ~ in the home at one
time.
2. Hours of operation shall be limited to Monday through Friday,
6:30 a.m. to 6:00 p.m.
3. One parking space shall be kept open in the driveway for parents
dropping of land picking up their children
4. No more than one (J) person, other than a relative residing in the
home, shall be employed by the home daycare.
5. No signs advertising the home daycare shall be permitted on the lot
or buildings at any time.
6. The applicant shall maintain a family day home license with the
Commonwealth of Virginia. Failure to maintain afamily day home
license shall result in revocation of the Conditional Use Permit for
the family day care home.
7. The applicant shall obtain a Certificate of Occupancy frOm the
Building Official for the home daycare/residential use.
8. The height of the solidfence shall be increased to six (6)feet, and
a lock shall be placed on the out.Jidt! inside of the gate.
February 10,2004
- 44-
Item V-J.4.
PLANNING
ITEM # 52232 (Continued)
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of February, Two Thousand Four
Voting: 10-1
Council Members Voting Aye:
Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Richard A.
Maddox, Mayor Aleyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron
A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
February 10,2004
"'. "'....- T
- 45 -
Item V-J. 5.
PLANNING
ITEM # 52233
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance
upon application of HOME ASSOCIATES OF VIRGINIA, INC.:
ORDINANCE UPON APPLICATION OF HOME ASSOCIATES OF
VIRGINIA, INC. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATIO.N FROM AG-2 TO CONDITIONAL R-7.5 Z02041177
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Home Associates of Virginia, Inc. for a
Change of Zoning District Classification from A G- 2 Agricultural Dis trict and
R-10 Residential District to Conditional R-7.5 Residential District 011
property located at 960. 964 and 966 Old Dam Neck Road (GPINs
24156491440000," 24157424560000; 24157415220000). The Comprehensive
Plan recommends use of this sitefor residential uses above 3.5 dwelling units
per acre. DISTRICT 7 -- PRINCESS ANNE
The following condition shall be required:
1. An Agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court and is hereby made a part of the record.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City afVirginia Beach, Virginia, on the Tenth of February, Two Thousand Four
Voting: 9-2
Council Members Voting Aye:
Harry E. Diezel, Jllfargaret 1. Eure, Vice Mayor Louis R. Jones, Richard A.
Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary
Wilson and James 1. Wood
Council Members Voting Nay:
Mayor Meyera E. Oberndorfand Reba S. McClanan
Council Members Absent:
None
February 10,2004
-
!'"ORM NO. P.S, '8
City of "'"\.T"i:rgir1ia l3eacl-1
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-5759
DATE: November 20, 2003
TO:
Leslie L. Lilley
~~
B. Kay Wilsonl( ~
DEPT: City Attorney
FROM:
DEPT: City Attorney
RE: Conditional Zoning Application
Home Associates of Virginia, Inc., et als
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on December 2,2003. I have reviewed the subject proffer agreement, dated
May 23,2003, 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:
I SYI([S. ROURDON.
AIIrnN & UVY. P.c.
WESLEY J. BARNES, Executor of the Estate of Mary Henley Barnes, deceased
CLIFFORD C. COLLINGS, III and PHILIP A. LIEBMAN
HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGR:EEMENT, made this 23rd day of May, 2003, by and between
WESLEY J. BARNES, Executor, Grantor, party of the fIrst part; CLIFFORD C.
I COLLINGS, III and PHILIP A. LIEBMAN, Grantors, parties of the second part; HOME
ASSOCIATES OF VIRGINIA, INC., a Virginia corporation, party of the third party; I
and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth
of Virginia, Grantee, party of the fourth part.
WITNESSETH:
WHEREAS, the party of the frrst part is the owner of one (1) parcel of property
located in the Princess Anne District of the City of Virginia Beach, containing
approximately 2.164 acres as more particularly described as Parcell in Exhibit "A"
attached hereto and incorporated herein by this reference, which parcel, along with
the other parcels referenced herein and described in Exhibit "A" are herein referred
to as the "Property"; and
WHEREAS:. the parties of the second part are the owners of two (2) parcels of
property located in the Princess Anne District of the City of Virginia Beach,
containing approximately 2.899 acres as more particularly described as Parcels 2
and 3 in Exhibit "A" attached hereto and incorporated herein by this reference,
which parcels, along with the other parcel referenced herein and described in Exhibit
"A" are herein referred to as the "Property"; and
GPIN: 2415-74-1522
2415-64-9 144
2415-74-2456
. ""._,,_, ...-,' ~__.._.. _._J,......'....,._,,,,.,...... '...._,."_............--.--.........-..._....._
PREPARED BY:
II SYK[S. ROURDON.
. AlImN & li:VY. P.C
WHEREAS, the party of the third part is the contract purchaser of the
Property and has initiated a conditional amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the
Zoning Classifications of the Property from AG-2 Agricultural District to Conditional
R-7.5 Residential District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development
of land for various purposes through zoning and other land development legislation;
and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to
permit differing types of uses on and in the area of the Property and at the same time
to recognize the effects of change that will be created by the Grantor's proposed
rezoning, certain reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicable to land similarly zoned
are needed to resolve the situation to which the Grantor's rezoning application gives
nse; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the R-7.5
Zoning District by the existing overall Zoning Ordinance, the following reasonable
conditions related to the physical development, operation, and use of the Property to
be adopted as a part of said amendment to the Zoning Map relative and applicable to
the Property, which has a reasonable relation to the rezoning and the need for which
is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal
representatives, a.ssigns, grantees, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the Grantee or its
governing body and without any element of compulsion or quid pro QUO for zoning,
rezoning, site plan, building permit, or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern
the physical development, operation, and use of the Property and hereby covenant
and agree that this declaration shall constitute covenants running with the Property,
2
PREPARED BY:
ISUlS. ROURDON.
ARrnN & llVY. P.c.
which shall be binding upon the Property and upon all parties and persons claiming
under or through the Grantor, its successors, personal representatives, assigns,
grantee, and other successors in interest or title and which will not be required of the 1
Grantor until the Property is developed:
1. When the Property is developed, it shall be as a single family residential
community of no more than seventeen (17) building lots substantially in
conformance with the Exhibit entitled "COLLINGS QUAY, A SINGLE FAMILY
SUBDIVISION," dated 5/02/03, prepared by Site Improvement Associates, Inc.,
which has been exhibited to the Virginia Beach City Council and is on fue with the
Virginia Beach Department of Planning ("Concept Plan").
2. When the Property is developed, the party of the third part shall install
sidewalks within the public right-of-way on both sides of the road as depicted on the
Concept Plan.
3. When the Property is subdivided it shall be subject to a recorded
Declaration of Protective Covenants, Conditions and Restrictions ("Deed
Restrictions") administered by a Property Owner's Association. The Deed
Restrictions will include Articles providing for Architectural Controls and mandatory
assessments for IIlamtenance of community open space.
4. All homes constructed on the lots depicted on the Concept Plan shall
have exterior architectural features, design and building materials substantially
similar to homes depicted on the drawings labeled "Building Elevations - COLLINGS
QUAY" dated 5/02/03, which have been exhibited to the Virginia Beach City Council
and are on fue with the Virginia Beach Department of Planning.
5. All h.omes constructed on the lots shall contain no less than 2100
square feet of enclosed living area excluding garage area and an attached garage
containing no less than 315 square feet.
6. Further conditions may be required by the Grantee during detailed Site
Plan and/ or Subdivision review and administration of applicable City codes by all
cognizant City agencies and departments to meet all applicable City code
requirements. Any references hereinabove to the R-7.5 Zoning District and to the
requirements and regulations applicable thereto refer to the Zoning Ordinance and
Su bdivision Ordin.ance of the City of Virginia Beach, Virginia, in force as of the date
3
PREPARED BY:
I SYKIS. ROUROON.
. AJImN & lIVY. P.C
of approval of this Agreement by City Council, which are by this reference
incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning
of the Property and specifically repeals such conditions. Such conditions shall
continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the Grantee in writing
as evidenced by a certified copy of an ordinance or a resolution adopted by the
governing body of the Grantee, after a public hearing before the Grantee which was
advertised pUrSUaIlt to the provisions of Section 15.2-2204 of the Code of Virginia,
1950, as amended. Said ordinance or resolution shall be recorded along with said
instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the governing body of the City of
Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any noncompliance
with such conditions be remedied; and (b) to bring legal action or suit to insure
compliance with such conditions, including mandatory or prohibitory injunction,
abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause
to deny the issuance of any of the required building or occupancy permits as may be
appropriate;
4
-------------
PREPARED BY:
I SYJ;::[S, ROURDON.
AIImN & UV\'. P.C
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning Department,
and they shall be recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee.
5
t-~.........-....,~..
PREPARED BY:
I SVl({S. RoURDON.
AllrnN & llVY. p.c
WITNESS the following signature and seal:
GRANTOR:
THE ESTATE OF MARY HENLEY BARNES
(SEAL)
STATE OF VIRGINIA~... . . Q .
CITY jCOUNTY OF f \ ((~ n \(l.;l me \,..to-wit:
. T~e foregoing instrument was acknowledged before me this *
1"'I'"ICI.;./:1-' 2003, by Wesley J. Bames, Executor of The Estate of Mary
Barnes. f
'., . I-... t .
-.:D c..'V\..< 4.;) ......j...L-t ..n '~'/V/L-A.i\./
Notary Pu blie
My Commission Expires: ~..;) <j- 0 l.t::
6
day of
Henley
PREPARED BY:
I SYfiS. BOURDON.
AIIrnN & lM. P.c.
_M."__,,,_ f
WITNESS the following signature and seal:
GRANTOR:
~ .L./.i ~~{ (. (. .47'fr"~. .-Le I . L~ .-'1
~~-.:.../ ~ -l~./C.~~- I~.. ~~~~
~; ~._,J .
6-_-J. c..q:c'V',,",Zj ~ e---r---X (SEAL)
Clifford C: Collings
STATE OF VIRGINIA
I CITY/COUNTY OF uliGIl\TT A RF.ACH
, to-wit:
The foregoing instrument was acknowledged before me this30 TH day of
May , 2003, by Clifford C. Collings., by Philip A. Liebman, his agent and
att~rney in fact.
D ~ ,. 't1...L.:O-i--. ~;Ct
Notary PU
My Commission Expires:
January 31, 2004
7
~--~..~..._.__...~ .,...., ._~~,--_...."'------.
PREPARED BY:
I SYK[S. ROURDON.
AlIrnN & LM. P.c.
WITNESS the following signature and seal:
GRANTOR:
~ ~'~~Q. -J.\. L~.~..{~-
Phillip A. Liebman
(SEAL)
I
STATE OF VIRGINIA
CITY / COUNTY OF VIRGINIA BEACH
, to-wit:
The foregoing instrument was acknowledged before me this --1Q.tb day of May,
2003, by Phillip A. Liebman.
bt-~...J~,-- +h.~.
.~
Notary PU c
My Commission Expires:
January 31, 2004
8
PREPARED BY:
I SYl{rs. ROURDON.
AII~RN & lIVY. P.C
.--....--...-. ..__._. ~.... ,
WITNESS the following signature and seal:
GRANTOR:
HOME ASSOCIATES OF VIRGINIA, INC.,
a Virginia corporation
By:
(SEAL)
C-t.---.
STATE OF VIRGINIA
CITY OF VIRGINIi\. BEACH, to-wit:
The foregoing instrument was acknowledged before me this l q day of May,
2003, by James M. Arnhold, Chairman of Home Associates of Virginia, Inc., a
Virginia corporation. ~~
Public
My Commission Expires: Ij. 51-Oft;
9
............-___._ "_..,.',.... -......'.._....._., ,_ __.""""'__________.._.__.h_......
PREPARED BY:
I. Svn:s. ROURDON.
AIImN & LM. P.c.
EXHIBIT "A"
PARCEL 1:
ALL THAT certain tIact, piece or parcel of land, with the buildings and improvements
thereon and the appurtenances thereunto, situate, lying and being in the Princess
Anne District of the City of Virginia Beach, Virginia, and being more particularly
designated as tract "ParcelS, 2.164 AC." on that certain plat entitled, "Survey of
Property of Mary H. Barnes, D.B. 653 P. 397 Princess Anne Borough Virginia Beach,
Va. ", which said plat is duly recorded in the aforesaid Clerk's Office in Map Book
170, at Page 27; reference to which plat is hereby made for a more particular
description of the tract.
GPIN: 2415-74-1522
PARCEL 2:
ALL of that certain tract, piece or parcel of land, with the buildings and
improvements thereon and the appurtenances thereunto appertaining, situate, lying
and being in the Princess Anne District of the City of Virginia Beach, Virginia, and
being more particularly designated as tract "Parcel 6, 0.536 AC." on that certain plat
entitled, "Survey of Part of Property of Mrs. W. O. Gilbert Princess Anne Borough
Virginia Beach, Va.", which plat is duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book 69, at Page 4; reference to
said plat being made for a more particular description and location of the
aforemen tioned property.
GPIN: 2415-64-9144
PARCEL 3:
ALL THAT certain tract, piece or parcel of land, with the buildings and improvements
thereon and the appurtenances thereunto appertaining, situate, lying and being in
the Princess Anne District of the City of Virginia Beach, Virginia, and being more
particularly designated as tract "Parcel 7, 2.363 AC,", on that certain plat entitled,
"Survey of Part of Property of Mrs. W. O. Gilbert Princess Anne Borough Virginia
Beach, Va.", which plat is duly recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, in Map Book 69, at Page 4; reference to said plat
is hereby made for a more particular description of the aforementioned property.
GPIN: 2415-74-2456
CONDREZONE/HOMEASSOaATES/COUUNGSQUAY/PROFFER
10
--....---..~
- 46-
Item V-J. 6.
PLANNING
ITEM # 52234
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED Ordinances
upon application of A. NEAL KELLUMfor a Change of Zoning and Conditional Use Permit:
ORDINANCE UPON APPLICATION OF A. NEAL KELLUM FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12
APARTMENT DJ.~TRICT TO R-7.5 Z02041178
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of A. Neal Kellum for a Chanf!e of Zoninv
District Classification from A-12 Apartment District to R-7.5 Residential
District on property located at 105 Happy Street. The Comprehensive Plan
identifies this site as being within Strategic Growth Area #5. (GPIN
14872356900000). DISTRICT 3 - ROSE HALL
AND,
ORDINANCE UPON APPLICATION OF A. NEAL KELLUM FOR A
CONDITIONAL USE PERMIT FOR A CREMA TORY R020431162
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of A. Neal Kellum for a Conditional Use Permit
for a crematory on property located at 105 Happy Street (GPIN
14872356900000). DISTRICT 3 - ROSE HALL
The following conditions shall be required:
1. The site shall be developed as depicted on the submitted site plan
entitled, "Pet Cremation Services" dated 6/17/03 by Lewis White
& Associates.
2. The building addition shall be constructed as depicted in the
elevation entitled. "Front Elevation Study, Addition to Pet
Cremation Services of Tidewater" dated October 2003 by Crow
Architectural Services.
3. Sign age on the site shall be monument type with external
illumination.
4. All animals and cadavers shall be removedfrom vehicles within the
confines of the stru.cture completely out of public view.
February 10,2004
",~..-, ,
- 47-
Item V-J.6.
PLANNING
ITEM # 52234
These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of February. Two Thousand Four
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 10,2004
- 48-
Item V-J. 7.
PLANNING
ITEM # 52235
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council MODIFIED Proffers and
Conditions of the Ordinances upon application ofGS DEVELOPMENT, L.L.C. (Approved: December 10,
2002) :
ORDINANCE UPON APPLICA TION OF GS DEVELOPMENT 1.1. C FOR
A MODIFICATION OF PROFFERS
Ordinance upon Application ofGS Development 1.1. Cfor a Modification of
Proffers for a request approved by City Council on December 10, 2002,
Property is located at 959 Virginia Beach Boulevard (GPIN
24177515700000).
The following condition shall be required:
1. Agreement encompassing modified proffers shall be recorded with
the Clerk of Circuit Court and is hereby made a part of the record.
AND
ORDINANCE UPON APPLICA TION OF GS DEVELOPMENT 1.1. C FOR
A MODIFICATION OF A CONDITIONAL USE PERMIT
Ordinance upon Application ofGS Development 1.1. Cfor a Modification of
a Conditional Use Permit approved by City Council on December 10, 2002.
Property is located at 959 Virginia Beach Boulevard (GPIN
24177515700000). DISTRICT6-BEACH
1. All conditions with the exception of Number 1 and Number 5
attached to the Conditional Use Permit granted by the City Council
on December 10, 2002 remain in affect.
2. Condition Number 1 of the December 10, 2002 Conditional Use
Permit is deleted and replaced with the following:
Recreational boats, trailers, landscape and contractor vehicles
shall not be parked on the west side of the site between the office
/ apartment building and the rear of the site. Storage of plants,
mulch, soil and decorative stone shall be limited to the rear
(southern end) of the site. There shall be no chipping or mulch
processing on the site. Said conditional use shall terminate five (5)
years fi'om the time said conditional use commenced or when the
new convention center to be located on the site of the existing
Pavilion on 19th Street opens for business to the public, whichever
is less. The Planning Director shall review the towing portion of
the operation administratively on a yearly basis.
February 10,2004
- 49-
Item V-J. 7.
PLANNING ITEM # 52235 (Continued)
3. Condition Number 5 of December 10, 2002 Conditional Use Permit
is deleted and replaced with the following:
The hours of operation for the overall storage yard shall be
Monday through Sunday, 6:00 a.m. to 8:00 p.m.
Voting:
11-0 (By Consen~)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oherndorf, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 10,2004
FORM NO. P.S, 1 B
CitY' of ~irgir1ia l3eacl-1
INTER-OFFICE CORRESPONVENCE
In Reply Refer To Our File No. DF-5794
DATE: January 28, 2004
FROM:
Leslie L. Lille~.~
B. Kay Wils~
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application
GS Development, L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on February 10, 2004. I have reviewed the subject proffer agreement, dated
December 29, 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
, . ---......-...---.............---..,.-_...-_.,.~ "..... ."".,,,..._~--,,-,...
AMEND:MENT TO CONDITIONS
TInS AMENDMENT TO CONDITIONS ("Amendment") made this 29th day of
December, 2003, by and between GS DEVELOPMENT, LLC, a Virginia limited liability
company, successor-in-title to SEASIDE MOBILE PARK, L.C., a Virginia limited liability
company ("Owner"), GRANTOR, and CITY OF VIRGINIA BEACH, a municipal corporation
of the Commonwealth of Virginia, GRANTEE, provides and states as follows:
WITNE S SE TH:
WHEREAS, GRANTOR is the owner of a parcel of real property located in the City of
Virginia Beach, Virginia, commonly referred to as 959 Virginia Beach Boulevard, GPIN NO:
2417-75-1570, more particularly described in Exhibit A, attached hereto and incorporated herein
by reference, said property being referred to herein as the "Property"; and
WHEREAS, GRANTOR has initiated modifications to a conditional amendment to the
Zoning Map of the City of Virginia Beach by petition addressed to GRANTEE so as to modify
conditions to the Zoning Classification of the Property; and
WHEREAS, GRANTOR has requested GRANTEE to pennit this modification to the
previously proffered covenants and conditions dated October 31, 2002, recorded as Instrument
Number 200212233084272:1 in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, (the "Clerk's Office"), to reflect the amendments applicable to the land use
plan on the Property; and
WHEREAS, GRANTEE's policy is to provide only for the orderly development of land
for various purposes through zoning and other land development legislation; and
WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible
development of various types of uses conflict and that in order to pennit differing types of uses
on and in the area of the Property and at the same time to recognize the effects of change that
will be created by the proposed modification of conditions to the zoning, certain reasonable
conditions governing the use of the Property for the protection of the community that are not
generally applicable to land similarly zoned are needed to resolve the situation to which the
application gives rise; and
GPIN: 2417-75-1570
Prepared by: Hofheimer Nusbaum, P. c.
999 Waterside Drive, Suite 1700
Norfolk, Virginia 23510
A. _.., '._....__--,.-
WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to
the public hearing before the GRANTEE, as part of the proposed modifications to the existing
zoning conditions with respect to the Property, the following reasonable conditions related to the
physical development, operation, and use of the Property to be adopted which conditions have a
reasonable relation to the proposed modifications and the need for which is generated by the
proposed modification.
NOW, THEREFORE, the GRANTOR, its successors, assigns, grantees and other
successors in title or interest, voluntarily and without any requirement by or exaction from the
GRANTEE or its governing body and without any element of compulsion or quid pro quo for
zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following
declaration of covenants and restrictions which shall restrict and govern the physical
development, operation, and use of the Property and hereby covenant and agree that this
Declaration shall constitute covenants running with the Property, which shall be binding upon
the Property and upon all parties and persons claiming under or through the GRANTOR, its
successors, assigns, grantees and other successors in interest or title:
1. Proffer 2 is hereby amended to read:
The Property, upon the issuance of a Conditional Use Permit, may be used as a
bulk storage yard in accordance with the conditions set forth in the Application for Conditional
Use. Said conditional use shall be limited to a period of either five (5) years from the time said
conditional use commences or when the new convention center to be located on the site of the
Pavilion on 19th Street opens for business to the public, whichever is less, as set forth in the
Conditional Use Permit.
2. All of the terms, covenants and conditions set forth in the Declaration of
Conditions and Restrictions dated October 31, 2002, and recorded in the Clerk's Office as
Instrument Number 2002122:33084232, save and except Proffer 2, as specifically amended and
modified herein, shall remain in full force and effect, running with the Property and binding
upon the Property and upon all parties and persons claiming under, by or through GRANTOR.,
its assigns, tenants and other successors in interest or title.
GRANTOR further covenants and agrees that:
Any referenceS herein to B-2 Business District and to the requirements and regulations
applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of
the City of Virginia Beach, \'irginia, in force as of the date of approval of this Amendment by
City Council, which are by this reference incorporated herein.
The above conditions, having been proffered by GRANTOR and allowed and accepted
by GRAN1EE as part of the Amendment to the Zoning Ordinance of the City of Virginia Beach,
Virginia, in force as of the date this Amendment is approved by the Virginia Beach City Council
("Zoning Ordinance"), shall continue in full force and effect until a subsequent amendment
changes the zoning of the Property and specifically repeals such conditions. Such conditions
shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent
amendment is part of a comprehensive implementation of a new or substantially revised Zoning
Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or
varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by GRANTEE in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing
body of GRANTEE, after a public hearing before GRANTEE which was advertised pursuant to
the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance
or resolution shall be recorded along with said instrument as conclusive evidence of such
consent, and if not so recorded, said instrument shall be void.
1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including the
authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and
(b) to bring legal action or suit to insure compliance with such conditions, including mandatory
or prohibitory injunction, abatement, damages or other appropriate action, suit, or proceeding;
2. The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, GRANTOR shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
4. The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attached to the zoning of the Property, and the ordinances and the conditions may be
, made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of
GRANTOR and GRANTEE.
WITNESS the following signature and seal.
GRANTOR:
GS DEVELOPMENT, LLC
a Virginia limited liability company
By: lil ~ ut~
Manager f
.,
STATE OF VIRG~
CITY OF Yet. fl..J. (I. . , TO-WIT:
+t~
The for~ojl!g instrum~nt was acknowl~ed before me this ~ day of December,
2003 ~ by l() ki.{\ q ~f'(Y'\ S '11J.- ~ Manager of GS Development, LLC, on
its behalf. He/she is personally known to me or has produced a driver's license as identification.
~6,
Notary Public
~Afl~d
My commission expires:
q. 30.07 .
.. .lllI.Jil_......._.....,.
~J
EXHIBIT A
PARCEL ONE:
ALL THAT certain tract, piece or parcel of land, situate, lying and being near the
City of Virginia Beach, in Lynnhaven Borough of the City of Virginia Beach,
Virginia, and more particularly described and bounded as follows:
BEGINNING at a point on the southern line of Virginia Beach Boulevard 200
feet distance in a westerly direction from its intersection with the dividing line
between the property now or formerly belonging to Vemon Drinkwater and the
property of the City of Virginia Beach, upon which is erected its water tower, and
running thence South 5 degrees 28 minutes East 777.5 feet to a pin; thence South
55 degrees 18 minutes West 164.3 feet to a pin; thence North 5 degrees 28
minutes West 857.8 feet to a pin on the southern line of said Virginia Beach
Boulevard; thence along the southern line of said Virginia Beach Boulevard North
84 degrees 32 minutes East 143.4 feet to a pin, the point of beginning; containing
two and seven-tenths (2.7) acres according to plat of property made April 17,
1946 by W.B. Gallup, County Surveyor, and recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map Book 18, at Page 3
and referred to in Deed Book 236, at Page 43 and reference to the same is hereby
made for a more particular description.
PARCEL TWO:
ALL THOSE certain lots, pieces or parcels of land, with the appurtenances
thereunto belonging or in anywise appertaining, situate, lying and being in the
Lynnhaven Borough of the City of Virginia Beach, Vrrginia, known, numbered
and designated on the amended plat of "Virginia Beach Annex" made by
Raymond C. Almond, C.L.S., May, 1956, and duly recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 41, at
page 41, as Lots Twenty (20) to Thirty-four (34), both inclusive, in Block
Thirteen (13).
EXCEPTING: The property sold to Willie E. Sawyer and Florence W. Sawyer by
deed dated October 10, 1962 and described as follows:
ALL 1HOSE certain lots, pieces or parcels of land with the appurtenances
thereunto belonging, or in otherwise appertaining, situate, lying and being in the
Lynnhaven Borough of the City of Virginia Beach, Vrrginia, known, numbered
and designated on the amended plat of Virginia Beach Annex, made by Raymond
C. Almond., C.L.S., May, 1956, and duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia in Map Book 41, at Page 41
as Lots 20, 21, 22 and the eastern one-half of Lot 23, in Block 13.
....-.-------~~,-
WInCH SAID PROPERTY IS FURTIIER DESIGNATED AS:
ALL THAT certain lot, piece or parcel of land, with the buildings and
improvements thereon, situated, lying and being in the City of Virginia Beach,
Virginia, and known, numbered and designated as "Resubdivision of Parcel
Designated as V emon Drinkwater, 2.7 acreslt as shown on plat titled "Property of
Vernon Drinkwater located near Va. Beach in Princess Anne Co., Va., and the
Western one-half of Lot 23, all of Lots 24 thru 34, inclusive, Block 13, VIrginia
Beach Annex, Princess Anne County amended plat", which said plat is duly
recorded in the Clerk's Office of the Circuit Court for the City of Virginia Beach,
Virginia, in Map Book 230, Page 38.
IT BEING the same property conveyed to SEASIDE MOBILE PARK, L_C., a
Virginia limited liability company by deed of Mulbeny Corporation dated August
1, 1994, recorded in the Circuit Court Clerk's Office of the City of Virginia Beach
in Deed Book 3420, at page 1097.
TOGETIIER WITH all rights of the Grantor to an easement for a sewer line benefitting the
property described above as set forth in that certain agreement dated October 10, 1962, by and
between Willie E. Sawyer and Florence W. Sawyer and Virginia Beach Trailer Village,
Incorporated, which agreement is filed for record in Deed Book 753, page 259, and as set forth in
that certain Deed of Easement dated July 3, 1957, by and between R. Wilson Chaplain and Elsie
B. Chaplain and the City of Virginia Beach, which deed is filed for record in Deed Book 503,
page 224, and that certain Deed of Easement dated June 26, 1958, by and between R. Wilson
Chaplain and Elsie B. Chaplain and the City of Virginia Beach, which deed is filed for record in
Deed Book 581, page 551.
-~""---,,,,,,-_,,,,,,,,",._,.,,..-.....,.......*-,,,,.,....-....-
- 50-
Item V-J.B.
PLANNING
ITEM # 52236
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council MODIFIED CONDITION
#10 of the Ordinance upon application of JACK RABBIT SELF-STORAGE (approved by City Council
September 25,2001)
ORDINANCE UPON APPLICATION OF JACK RABBIT SELF-STORAGE
FOR A MODIFICA TION OF A CONDITIONAL USE PERMIT FOR A MINI-.
WAREHOUSE FACILITY
Ordinance upon application of Jack Rabbit Self-Storage for a modification
of a conditional use permit for a mini-warehouse facility approved by City
Council on September 25, 2001. Property is located at 5950 providence
road. DISTRICT 2 - KEMPSVILLE
The following conditions shall be required:
1. All conditions, with the exception of Number 10 attached to the
Conditional Use Permit granted by the City Council on September
25, 2001, and modified on March 11, 2003, remain in effect.
2. Condition Number 10 of the September 25,2001, Conditional Use
Permit is deleted and replaced with the following:
The applicant shall work with the adjacent property owner to
construct a shared entrance aligned with the Reon Drive and
Providence Road intersection. If the shared entrance cannot be
negotiated, the entrance to the subject site and any intersection
improvements shall be designed as required by the City's Public
Works Traffic Engineering Division during the detailed site
plan review process.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, .Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 10,2004
..................-..- - I
- 51 -
Item V-K.I.
APPOINTMENTS
ITEM # 52237
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE - HREDA
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
TIDEWATER REGIONAL GROUP HOME COMMISSION
February 10,2004
- 52-
Item V-K.2.
APPOINTMENTS
ITEM # 52238
Upon NOMINATION by Councilman Wood, City Council APPOINTED:
Christopher Ettel
2 year term
01/1/04 -12/31/05
BOARD OF BUILDING CODE APPEALS - New Construction
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, .Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 10,2004
- 53-
Item V-K.3.
APPOINTMENTS
ITEM # 52239
Upon NOMINA TION by Vice Mayor Jones, City Council APPOINTED:
Madelyn H. Reass
unexpired thru 12/31/06
M. J. Nero
unexpired + 3 years ending 12/31/07
COMMUNITY SERVICES BOARD
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, ltfargaret 1. Eure, Vice Mayor Louis R. Jones, Reba S
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 10,2004
- 54-
Item V-K.4.
APPOINTMENTS
ITEM # 52240
Upon NOMINA TION by Councilman Wood, City Council APPOINTED:
Reverend Thomas H. Britton
3 year term
04/01/04 - 03/31/07
HUMAN RIGHTS COMMISSION
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, lllargaret 1. Eure, Vice Mayor Louis R. Jones, Reba S
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt, RonA. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 10,2004
,-..#.. --,.,.. --,- ,
- 55 -
Item V-K.5.
APPOINTMENTS
ITEM # 52241
Upon NOMINA TION by Councilman Villanueva, City Council APPOINTED:
Dona A.P. Storey
Unexpired to 5/31/04 +2 Years
6/1/04 - 4/30/06
MINORITY BUSINESS COUNCIL
Voting: 11..0
Council Members Voting Aye:
Harry E. Diezel, .Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve.
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 10,2004
--.....-..-----_......_."._'---",..,
- 56-
Item V-K.6
APPOINTMENTS
ITEM # 52242
Upon NOMINA TION by Council Lady McClanan, City Council APPOINTED:
Gene A. Smith
4 Years
01/1/04 -12/31/07
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION -VBCDC
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Afargaret 1. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 10,2004
- 57-
ITEM # 52243
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition,
acquisition, or use of real property for public purpose, or of the disposition of
publicly-held property, or of plans for the future of an institution which could affect the
value of property owned or desirable for ownership by such institution pursuant to
Section 3711 (A) (A) (3).
Acquisition/Disposition of Property - Lynnhaven District
Acquisition/Disposition of Property - Bayside District
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council voted to proceed into
CLOSED SESSION.
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Afayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
(8:22 P.M. - 8:45 P.M.)
February 10,2004
- 58-
CERTIFICATION OF
CLOSED SESSION
ITEM # 52244
Upon motion by Councilman Wood, seconded by Councilman Maddox, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exemptedfrom Open Meeting requirements by
Virginia law were discussed in Closed Session to which this certification resolution
applies;
AND,
Only such public business matters as were identified in the motion convening the
Closed Session were heard, discussed or considered by Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor, Reba S. McClanan, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
[ Left Closed Session due to Conflict of Interest]
February 10,2004
~
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 52243, page 57, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711 (A) of the Code of Virginia requires a certification by the governing
body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requiren1ents by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such pubhc business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
February 10,2004
- 59-
Item V-No
ADJOURNMENT
ITEM # 52245
Mayor Meyera E. OberndorfDECLARED the City Council Meeting ADJOURNED at 8:48 P.M.
~___<2X~~..!Y-'._-
Beverly O. Hooks, CMC
Chief Deputy City Clerk
~~--
Ruth Hodges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
February 10,2004
- 59-
Item V-N.
ADJOURNMENT ITEM#52245
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:48 P.M.
Beverly Hooks, CMC
Chief Deputy City Clerk
S
_ - •/•
• uth Hodges Smith, MMC Meyera Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia
February 10, 2004